section 6. of the moorshedabad act : the said indenture shall for all the purposes of all enactments for the time being in force be admissible in evidence and have in all other respects the same effect as if it had been duly stamped and registered in such manner as those enactments, or any of them, or any rule or order under any of them, may require.

section 5. of the moorshedabad act : all property, moveable and immoveable, mentioned in the said indenture, or in any of the schedules thereto or in any addition which under section 3 may from time to time be made to those schedules or any of them, shall descend and, subject to the provisions of the said indenture, be enjoyed for ever by the nawab bahadoor of moorshedabad for the time being.

section 4. of the moorshedabad act : no right to any immoveable property mentioned in any of the schedules to the said indenture, or in any addition which under the last foregoing section may from time to time be made to those schedules or any of them, shall, if the right has not accrued before the passing of this act, be acquired by any person by adverse possession or assertion of title unless such adverse possession or assertion of title is found to have existed for sixty years.

section 2. of the moorshedabad act : the said indenture is hereby confirmed.

section 3. of the moorshedabad act : 1 the governor general in council, by notification in the gazette of india, may in his discretion, on the written request of the nawab bahadoor of moorshedabad for the time being, add, in such form as the governor general in council may think fit, to the schedules of immoveable property which are annexed to the said indenture any additional immoveable property which may be acquired from time to time for the maintenance of the position and dignity of the nawab bahadoor of moorshedabad for the time being. 2 no such notification as is referred to in subsection 1 shall be made without such previous publication as would be necessary under section 6 of the general clauses act, , in the case of a rule to be made under an enactment to which that section applies. 3 the publication in the gazette of india of such a notification, as having been made by the governor general in council, shall, subject to any further order of the governor general in council, be conclusive proof with respect to the subjectmatter of the notification.

section 1. of the moorshedabad act : 1 this act may be called the moorshedabad act, and 2 it shall come into force at once.

section 4., of certain government buildings within municipalities, how to be made and dealt with. of the government buildings act : 1 in the case of any such building as is mentioned in the last preceding section not being a building connected with 1 defence or a building the plan or construction of which ought, in the opinion of 2the government concerned, to be treated as confidential or secret, the municipal authority, or any person authorized by it in this behalf, may, with the permission of the state government previously obtained, but not otherwise, and subject to any restrictions or conditions which may, by general or special order, be imposed by the state government, inspect the land and building and all plans connected with its erection, reerection, construction or material structural alteration, as the case may be, and may submit to the state government a statement in writing of any objections or suggestions which such municipal authority may deem fit to make with reference to such erection, re erection, construction or material structural alteration. 2 every objection or suggestion submitted as aforesaid shall be considered by the state government, which shall, after such investigation if any as it shall think advisable, pass orders thereon, and the building referred to therein shall be erected, reerected, constructed or altered, as the case may be, in accordance with such orders : provided that, if the state government overrules or disregards any such objection or suggestion as aforesaid, it shall give its reasons for so doing in writing. 3 1. the word imperial rep. by the a. o. . 2. subs. by the a. o. , for the govt.. 3 subsection 3 rep. by the a.o. .

section 3., of buildings within municipalities. of the government buildings act : nothing contained in any law or enactment for the time being in force to regulate the erection, reerection, construction, alteration or maintenance of buildings within the limits of any municipality shall apply to any building used or required for the public service or for any public purpose, which is the property, or in the occupation, of the government, or which is to be erected on land which is the property, or in the occupation, of the government : provided that, where the erection, reerection, construction or material structural alteration of any such building as aforesaid not being a building connected with 1 defence, or a building the plan or construction of which ought, in the opinion of 2the government concerned, to be treated as confidential or secret is contemplated, reasonable notice of the proposed work shall be given to the municipal authority before it is commenced. 1. the word imperial rep. by the a. o. . 2. subs. by the a. o. , for the govt..

section 1. of the government buildings act : 1 this act may be called the government buildings act, . 2 it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states 2. 3 1. subs. by the adaptation of laws no. 2 order, , for part b states. 2 the word and rep. by act 10 of , s. 3 and the second schedule. 3. subsection 3 rep. by s. 3 and the second schedule, ibid.

section 2. of the government buildings act : in this act the expression municipal authority includes a municipal corporation or a body of municipal commissioners constituted by, or under the pro visions of, any law or enactment for the time being in force.

section 7. of the international monetary fund and bank act : 11 the central government may, by notification in the official gazette, make rules for giving effect to the provisions set out in the schedule, and generally for carrying out the purposes of this 2act. 32 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 4in two or more successive sessions, and if before the expiry of 5the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. renumbered as subsection 1 by act 25 of , s. 5. 2. subs. by s. 2, ibid., for ordinance. 3. ins. by s. 5, ibid. 4. subs. by act 67 of , s. 4, for in two successive sessions w.e.f. . 5. subs. by s. 4, ibid., for certain words w.e.f. .

section 1. of the international monetary fund and bank act : 1 this 1act may be called the international monetary fund and bank 1act, . 2 it extends to 2the whole of india 3 . 3 it shall come into force at once. 1. subs. by act 25 of , s. 2, for ordinance. 2. subs. by the a.o. , for all the provinces of india. 3. the words except part b states omitted by act 3 of , s. 3 and the sch.

section 2. of the international monetary fund and bank act : 1 1there shall be paid, after due appropriation made by parliament by law in this behalf, out of the consolidated fund of india all such sums as may from time to time be required for the purpose of paying a the subscriptions payable by the central government, to the international fund under paragraph a of section 3 2 of article iii of the fund agreement, and 3to the international bank under paragraphs a and c of section 3 of article ii of the bank agreement b any sums payable by the central government to the international fund under 4section 11 of article v of the fund agreement, and to the international bank under section 9 of article ii of the bank agreement c any charges payable by the central government to the international fund under section 8 of article v 5, or under section 2, section 3 or section 5 of 6article xx, of the fund agreement d any sums required for implementing the guarantee of the central government referred to in section 3 of article xiii of the fund agreement 7dd any assessments required to be paid by the central government to the international fund under section 4 or section 5 of 8article xx of the fund agreement e any compensation required to be paid by the central government to the international fund or to any member thereof under 9schedule i, schedule j or schedule k to the fund agreement. 2 the central government may, if it thinks fit so to do, create and issue to the international fund or international bank, in such form as it thinks fit, any such noninterest bearing and nonnegotiable notes or other obligations as are provided for by 10section 4 of article iii of the fund agreement and section 12 of article v of the bank agreement. 1. subs. by act 41 of , s. 2, for certain words w.e.f. . 2. omitted by act 67 of , s. 2 w.e.f. . 3. subs. by act 25 of , s. 4, for to the international bank under paragraph a. 4. subs. by act 67 of , s. 2, for paragraph b of section of article iv w.e.f. . 5. ins. by act 41 of , s. 2 w.e.f. . 6. subs. by act 67 of , s. 2, for article xxvi w.e.f. . 7. ins by act 41 of , s. 2 w.e.f. . 8. subs. by act 67 of , s. 2, for article xxvi w.e.f. . 9. subs. by s. 2, ibid., for schedule d or schedule e w.e.f. . 10. subs. by s. 2, ibid., for section 5 w.e.f. .

section 3. of the international monetary fund and bank act : the reserve bank of india hereinafter referred to as the reserve bank shall be the depository of the 1 indian currency holdings of the international fund and international bank. 1. the word british omitted by act 48 of , s. 3 and sch. ii.

section 6. of the international monetary fund and bank act : amendment of section 17, act 2 of . rep. by the repealing and amending act, 48 of , s. 2 and sch.

section 3a., special drawing rights on behalf of central government. of the international monetary fund and bank act : 13a. reserve bank to use, receive, acquire, etc., special drawing rights on behalf of central government.the reserve bank may, on behalf of the central government, use, receive, acquire, hold, transfer or operate the special drawing rights of that government in the international fund and perform all acts supplemental or incidental thereto. 1. ins. by act 41 of , s. 3 w.e.f. .

section 4. of the international monetary fund and bank act : 1 where under 1paragraph b of section 3 of article iv or section 5 of article viii of the fund agreement, the international fund requires the central government to furnish it with any information, the central government, or if generally or specially authorised by the central government in this behalf, the reserve bank, may by order in writing require any peson to furnish to such officer or other person as may be specified in the order such detailed information as the central government or the reserve bank, as the case may be, may determine to be essential for the purpose of complying with the request of the international fund and any person so required shall be bound to furnish such information. 2 every officer or person to whom any information is required to be furnished under this section shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 3 no information obtained under this section shall be furnished to the international fund in such detail as to disclose the affairs of any person 2. 4 a determination of the central government or the reserve bank under subsection 1 as to the extent of detail in which information is to be furnished shall be final, and in any prosecution under section 176 or section 177 of the indian penal code 45 of in respect of any information required to be furnished under this section, it shall not be a defence to assert that the information was required to be furnished in greater detail than was essential for the purpose of complying with the request of the international fund. 5 no prosecution for an offence in respect of any information required to be furnished under this section shall be instituted except with the previous sanction of the central government. 1. ins. by act 67 of , s. 3 w.e.f. . 2. certain words omitted by s. 3, ibid. w.e.f. .

section 5. of the international monetary fund and bank act : notwithstanding anything to the contrary contained in any other law, the provisions of the fund and bank agreements set out in the schedule shall have the force of law in 1india: provided that nothing in section 9 of article ix of the fund agreement or in section 9 of article vii of the bank agreement shall be construed as a entitling the international fund or international bank to import into 1india goods free of any duty of customs without any restriction on their subsequent sale therein, or b conferring on the international fund or international bank any exemption from duties or taxes which form part of the price of goods sold or which are in fact no more than charges for services rendered. 1. subs. by act 3 of , s. 3 and the sch., for part a states and part c states.

section 8. of the assam university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made, a to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 9 the executive council or the management, as the case may be, shall communicate, through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 10 where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions. 11 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 12 the visitor shall have such other powers as may be prescribed by the statutes.

section 1. of the assam university act : 1 this act may be called the assam university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th january, , vide notification no. g.s.r. 23e, dated 15th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the assam university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university e college means a college maintained by, or admitted to the privileges of, the university f court means the court of the university g department means a department of studies and includes a centre of studies h distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means i employee means any person appointed by the university, and includes teachers and other staff of the university j executive council means the executive council of the university k hall means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university l institution means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university m planning board means the planning board of the university n principal means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal or the acting principal, a viceprincipal duly appointed as such o recognised institution means an institution of higher learning recognised by the university p recognised teachers means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university q regulations means the regulations made by any authority of the university under this act for the time being in force r school means a school of studies of the university s statutes and ordinances mean, respectively, the statutes and the ordinances of the university for the time being in force t teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances u university means the assam university established under this act.

section 7. of the assam university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 3. of the assam university act : 1 there shall be established a university by the name of assam university. 2 the headquarters of the university shall be at silchar and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council, the academic council and the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of assam university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 4. of the assam university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life to make provisions for integrated courses in humanities, natural and physical sciences and social sciences in the educational programmes of the university to take appropriate measures for promoting interdisciplinary studies and research in the university to educate and train manpower for development of the state of assam and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state, their intellectual, academic and cultural development.

section 10. of the assam university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellors 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 5. of the assam university act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide facilities through the distance education system to such persons as it may determine vi to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching or academic positions vii to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition viii to recognise persons for imparting instructions in any college or institution admitted to the privileges of the university ix to appoint persons working in any other university or organisation as teachers of the university for a specified period x to create administrative, ministerial and other posts and to make appointments thereto xi to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xii to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects xiii to institute and award fellowships, scholarships, studentship, medals and prizes xiv to establish and maintain colleges, institutions and halls xv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xvi to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xvii to admit to its privileges colleges and institutions not maintained by the university to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes to recognise, guide, supervise, and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition xviii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xix to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes xx to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xxi to demand and receive payment of fees and other charges xxii to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xxiii to lay down conditions of service of all categories of employees, including their code of conduct xxiv to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxv to make arrangements for promoting the health and general welfare of the employees xxvi to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxvii to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxviii to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 6. of the assam university act : 1 1 the jurisdiction of the university shall extend to the cachar, karimganj, north cachar hills, karbi anglong and hailakandi districts of the state of assam. 2 on and from the commencement of this act, all colleges situated in the districts of cachar, karimganj, north cachar hills 2 , karbi anglong and hailkandi shall stand affiliated to the university. 3 1. subs. by act 25 of , s. 2, for subsection 1 w.e.f. . 2. subs. by s. 2, ibid., for and karbi anglong w.e.f. . 3. subsection 3 omitted by act 25 of , s. 2 w.e.f.

section 9. of the assam university act : the governor of the state of assam shall be the chief rector of the university.

section 11. of the assam university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 16. of the assam university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 18. of the assam university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the planning board 5 the boards of schools 6 the finance committee and 7 such other authorities as may be declared by the statutes to be the authorities of the university.

section 13. of the assam university act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutes.

section 12. of the assam university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university.. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter:. provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final:. provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor.. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken in not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final.. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 14. of the assam university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the assam university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 17. of the assam university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 20. of the assam university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 19. of the assam university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 22. of the assam university act : the planning board shall be the principal planning body of the university. 2 the constitution of the planning board, term of office of its members and its powers and functions shall be prescribed by the statutes.

section 21. of the assam university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic polices of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 23. of the assam university act : the constitution, powers and functions of the boards of schools shall be prescribed by the statutes.

section 24. of the assam university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 26. of the assam university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university and their emoluments e the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on a college or an institution or a department k the establishment and abolition of schools, departments, centres, halls, colleges and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges o the institution of fellowships, scholarships, studentships, medals and prizes p the delegation of powers vested in the authorities or officers of the university q the maintenance of discipline among the employees and students r all other matters which by this act are to be or may be provided for by the statutes.

section 25. of the assam university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 28. of the assam university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the supervision and management of colleges and institutions admitted to the privileges of the university q the setting up of a machinery for redressal of grievances of employees and r all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 27. of the assam university act : 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statues affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statutes or addition to the statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to subsection 1, during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsection, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 30. of the assam university act : 1 the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor alongwith its comments, if any. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 29. of the assam university act : show related subordinates the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes. regulations yeardescriptionfiles 35 regulations of assam university till assam university regulations governing pg and ug from cbcs regulation

section 31. of the assam university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 32. of the assam university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2 , shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 36. of the assam university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 33. of the assam university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 32 shall, as far as may be, apply to a reference made under this subsection.

section 34. of the assam university act : every employee or student of the university or of a college or institution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 35. of the assam university act : 1 the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 37. of the assam university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 38. of the assam university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 39. of the assam university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 44. of the assam university act : notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college or an institution, who, immediately before the admission of such college or institution to the privileges of the university, was studying for a degree, diploma or certificate of gauhati university or dibrugarh university, shall be permitted by the university, to complete his course for that degree, diploma or certificate, as the case may be, and the assam university and such college or institution shall provide for the instructions and examination of such student in accordance with the syllabus of studies of gauhati university or dibrugarh university, as the case may be.

section 41. of the assam university act : a copy of any receipt, application, notice, order, proceeding resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 40. of the assam university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 42. of the assam university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 45. of the assam university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 43. of the assam university act : notwithstanding anything contained in this act and the statutes, a the first chancellor and the first vicechancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the first planning board shall consist of not more than ten members, who shall be nominated by the visitor and they shall hold office for a term of three years e the first academic council shall be constituted on the expiry of a period of six months from the commencement of this act and during the said period of six months, the powers of the academic council shall be performed by the planning board constituted under section 22 f the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and they shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 6a. of the carriage by air act : 16a. conversion of special drawing rights. any sum in special drawing rights mentioned in rules 21 and 22 of the third schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the court in accordance with the provisions of rule 23 of the said third schedule. 1. ins. by s. 8, ibid w.e.f. .

section 1. of the carriage by air act : show related subordinates 1 this act may be called the carriage by air act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th may, , vide notification no. s.o. 170e, dated 23rd march, , see gazette of india, extraordinary, part ii, sec. 3ii

section 2. of the carriage by air act : in this act, unless the context otherwise requires, i amended convention means the convention as amended by the hague protocol on the 28th day of september, ii convention means the convention for the unification of certain rules relating to international carriage by air signed at warsaw on the 12th day of october, . 1iii montreal convention means the convention for the unification of certain rules for international carriage by air signed at montreal on the 28th day of may, iv annexure means the annexure to this act. 1. ins. by act 28 of , s. 3 w.e.f.

section 6. of the carriage by air act : any sum in francs mentioned in rule 22 of the first schedule or of the second schedule, as the case may be, shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the court.

section 7. of the carriage by air act : 1 every high contracting party to the convention or the amended convention, as the case may be, who has not availed himself of the provisions of the additional protocol thereto, shall, for the purposes of any suit brought in a court in india in accordance with the provisions of rule 28 of the first schedule, or of the second schedule, as the case may be, to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court and to be a person for the purposes of the code of civil procedure, 5 of . 2 the high court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on. 3 nothing in this section shall authorise any court to attach or sell any property of a high contracting party to the convention or to the amended convention.

section 4a. of the carriage by air act : 14a. application of montreal convention to india. 1 the rules contained in the third schedule, being the provisions of the montreal convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 2 for the purpose of this act, the state parties to the montreal convention and the date of enforcement of the said montreal convention shall be such as are included in part iii of the annexure. 3 any reference in the third schedule to the territory of any state party to the montreal convention shall be construed as a reference to all the territories in respect of which he is party. 4 any reference in the third schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. 5 the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, part iii of the annexure, any state party and on such addition, or, as the case may be, omission, such state party shall be or shall cease to be, a state party. 26 the central government may, having regard to the objects of the act, and if it considers necessary or expedient so to do, by notification in the official gazette, give effect to the limits of liability, revised by the depository under rule 24 of chapter iii of the third schedule to this act, for the purposes of determining the liabilities of the carriers and extent of compensation for damages under the said chapter of that schedule. 1. ins. by s. 6, ibid. w.e.f. . 2. ins. by act 12 of , s. 2 w.e.f. .

section 3. of the carriage by air act : 1 the rules contained in the first schedule, being the provisions of the convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 12 for the purpose of this act, the high contracting parties to the convention and the date of enforcement of the said convention shall be such as are included in part i of the annexure. 3 any reference in the first schedule to the territory of any high contracting party to the convention shall be construed as a reference to all the territories in respect of which he is a party. 4 any reference in the first schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. 25 the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, part i of the annexure, any high contracting party and on such addition, or as the case may be, omission, such high contracting party shall be or shall cease to be, a high contracting party. 1. subs. by s. 4,ibid., for subsection 2 w.e.f. . 2. subs. by s. 4, ibid., for subsection 5 w.e.f.

section 4. of the carriage by air act : 1 the rules contained in the second schedule, being the provisions of the amended convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. 12 for the purpose of this act, the high contracting parties to the amended convention and the date of enforcement of the said amended convention shall be such as are included in part ii of the annexure. 2a the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, part ii of the annexure, any high contracting party and on such addition, or, as the case may be, omission, such high contracting party shall be or shall cease to be, a high contracting party. 3 any reference in the second schedule to the territory of any high contracting party to the amended convention shall be construed as a reference to all the territories in respect of which he is a party. 4 any reference in the second schedule to agents of the carrier shall be construed as including a reference to servants of the carrier. 1. subs. by act 28 of , s. 5, for subsection 2 w.e.f. .

section 5. of the carriage by air act : 1 notwithstanding anything contained in the fatal accidents act, 13 of or any other enactment or rule of law in force in any part of india, the rules contained in 1the first schedule, the second schedule and the third schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger. 2 the liability shall be enforceable for the benefit of such of the members of the passengers family as sustained damage by reason of his death. explanation. in this subsection, the expression member of a family means wife or husband, parent, stepparent, grandparent, brother, sister, halfbrother, halfsister, child, stepchild and grandchild: provided that in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated or being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters. 3 an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under subsection 2 enforceable, but only one action shall be brought in india in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in india or not being domiciled there express a desire to take the benefit of the action. 4 subject to the provisions of subsection 5, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportion as the court may direct. 5 the court before which any such action is brought may, at any stage of the proceedings, make any such order as appears to the court to be just and equitable in view of the provisions of 2the first schedule or of the second schedule or the third schedule, as the case may be, limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside india in respect of the death of the passenger in question. 1. subs. by act 28 of , s. 7, for the first schedule and in the second schedule w.e.f. . 2. subs. by act 28 of , s. 7, for the first schedule or of the second schedule w.e.f. .

section 9. of the carriage by air act : repeal. rep. by the repealing and amending act, 38 of , s. 2 and first schedule w.e.f. .

section 8. of the carriage by air act : 1 the central government may, by notification in the official gazette, apply the rules contained in the first schedule and any provision of section 3 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the first schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified. 2 the central government may, by notification in the official gazette, apply the rules contained in the second schedule and any provision of section 4 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the second schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified. 13 the central government may, by notification in the official gazette, apply the rules contained in the third schedule and any provision of section 4a or section 5 or section 6a to such carriage by air, not being international carriage by air as defined in the third schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified. 1. subs. by act 28 of , s. 9, for subsection 3 w.e.f. .

section 8a. of the carriage by air act : 18a. power to make rules. 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made and every notification issued under this act shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or the notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. ins. by act 12 of , s. 3 w.e.f. .

section 8., of members of the force. of the central industrial security forceact : show related subordinates subject to the provisions of article 311 of the constitution and to such rules as the central government may make under this act, any supervisory officer may idismiss, 1 remove2 , order for compulsory retirement of or reduce in rank any 3 enrolled member of the force whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same or ii award any one or more of the following punishments to any 3 enrolled member of the force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely: a fine to any amount not exceeding seven days pay or reduction in pay scale b drill, extra guard, fatigue or other duty c removal from any office of distinction or deprivation of any special emolument 1 d withholding of increment of pay with or without cumulative effect e withholding of promotion f censure. 1. subs. by act 20 of , s. 3, for suspend w.e.f. . 2. ins. by act 40 of , s. 5 w.e.f. . 3. subs. by act 14 of , s. 13 and the schedule, for member w.e.f. .

section 1. of the central industrial security forceact : 1 this act may be called the central industrial security force act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 10th march, , vide notification no. s.o. 924, dated 3rd march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the central industrial security forceact : show related subordinates 1 in this act, unless the context otherwise requires, 1 a directorgeneral means the directorgeneral of the force appointed under section 4 aa enrolled member of the force means any subordinate officer, under officer or any other member of the force of a rank lower than that of an under officer ab force means the central industrial security force constituted under section 3 ac force custody means the arrest or confinement of a member of the force in accordance with rules made under this act b industrial undertaking means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by parliament by law c industrial undertaking in public sector means an industrial undertaking owned, controlled or managed by i a government company as defined in section 617 of the companies act, 1 of , ii a corporation established by or under a central, provincial or state act, which is controlled or managed by the government 2 ca industrial establishment means an industrial undertaking or a company as defined under section 3 of the companies act, 1 of ,or a firm registered under section 59 of the indian partnership act, 9 of ,which is engaged in any industry, or in any trade, business or service 3 cb joint venture means a venture jointly undertaken by the central government or state government with private industrial undertaking 4 e managing director, in relation to an industrial undertaking, means the person whether called a managing agent, general manager, manager, chief executive officer or by any other name who exercises control over the affairs of that undertaking f members of the force means a person appointed to the force under this act 5 g prescribed means prescribed by rules made under this act 6 ga private industrial undertaking means an industry owned, controlled or managed by a person other than the central or state government or any industrial undertaking in public sector h scheduled industry means any industry engaged in the manufacture or production of the articles mentioned in the first schedule to the industries development and regulation act, 65 of 7 ha subordinate officer means a person appointed to the force as an inspector, a subinspector or an assistant subinspector i supervisory officer means any of the officers appointed under section 4 and includes any other officer appointed by the central government as a supervisory officer of the force. 7 j under officer means a person appointed to the force as a head constable, naik or lance naik. 8 2 any reference in this act to a law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 1. subs. by act 14 of , s. 3, for clause a w.e.f. . 2. ins. by act 40 of , s. 3 w.e.f. . 3. ins. by act 22 of , s. 2 w.e.f. . 4. clause d omitted by act 14 of , s. 3 w.e.f. . 5. the words ,other than a supervisory officer omitted by act 14 of , s. 3 w.e.f. . 6. ins. by act 22 of , s. 2 w.e.f. . 7. ins. by act 14 of , s. 3 w.e.f. . 8. subs. by s. 3, ibid., for subsection 2 w.e.f.

section 7. of the central industrial security forceact : show related subordinates 1 1 the superintendence of force shall vest in the central government, and subject thereto and to the provisions of this act and of any rules made thereunder, the command, supervision and administration of the force shall vest in the directorgeneral. 2 subject to the provisions of subsection 1, the administration of the force within such local limits as may be prescribed shall be carried on by 2 such other supervisory officers as considered necessary in accordance with the provisions of this act and of any rules made thereunder and every supervisory officer placed in charge of the protection and security of an industrial undertaking3 ,joint venture or private industrial undertaking shall, subject to any directions that may be given by the 4 central government or the directorgeneral in this behalf, discharge his functions under the general supervision, direction and control of the managing director of that undertaking. 1. subs. by act 14 of . s. 8, for subsection 1 w.e.f. . 2. subs. by act 22 of , s. 5, for certain words w.e.f. . 3. ins. bys. 5, ibid. w.e.f. . 4. subs. by act 14 of , s. 8, for central government w.e.f. .

section 4. of the central industrial security forceact : 1 1 the central government may appoint a a person to be the directorgeneral of the force and such other supervisory officers as considered necessary. 2 the 2directorgeneral and every other supervisory officer so appointed shall have, and may exercise, such powers and authority as is provided by or under this act. 1. subs. by act 22 of , s. 4, for subsection 1 w.e.f. . 2. subs. by act 14 of , s. 5, for inspectorgeneral w.e.f. .

section 6. of the central industrial security forceact : show related subordinates 11 every enrolled member of the force shall receive on his appointment a certificate in the form specified in the schedule, under the seal of the directorgeneral or such other supervisory officer as the directorgeneral may specify in this behalf, by virtue of which the person holding such certificate shall be vested with the powers of an enrolled member of the force. 2 such certificate shall cease to have effect whenever the person named in it ceases for any reason to be 2an enrolled member of the force. 1. subs. by s. 7, ibid., for subsection 1 w.e.f. . 2. subs. by s. 7, ibid., for a member w.e.f. .

section 9. of the central industrial security forceact : 1 any1enrolled member of the force aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and 2 subject to the provisions of subsection 2a, subsection 2b and subsection 3, the decision of the said authority thereon shall be final: provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 in disposing of an appeal, the prescribed authority shall follow such procedure as may be prescribed. 3 2a any enrolled member of the force aggrieved by an order passed in appeal under subsection 1 may, within a period of six months from the date on which the order is communicated to him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of the revision petition, the said authority shall follow such procedure as may be prescribed 2b the authority, as may be prescribed for the purpose of this subsection, on a revision petition preferred by an aggrieved enrolled member of the force or suomoto, may call for, within a prescribed period, the records of any proceeding under section 8 or subsection 2 or subsection 2a and such authority may, after making inquiry in the prescribed manner, and subject to the provisions of this act, pass such order thereon as it thinks fit. 3 the central government may call for and examine the record of any proceeding 4 under section 8, 8, subsection 2, subsection 2a or subsection 2b of this section and may make such inquiry or cause such inquiry to be made and subject to the provisions of this act, may pass such order thereon as it thinks fit: provided that no order imposing an enhanced penalty under subsection 2 or subsection 3 shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order. 1. subs. by act 14 of , s. 13 and the schedule, for member w.e.f. . 2. subs. by act 40 of , s. 6, for subject to the provisions of subsection 3w.e.f. . 3. ins. by s. 6, ibid. w.e.f. . 4. subs. by act 40 of , s. 6, for under section 8 or under subsection 2 w.e.f.

section 5. of the central industrial security forceact : show related subordinates the1appointment of the enrolled members of the force shall rest with the directorgeneral who shall exercise that power in accordance with rules made under this act: provided that the power of appointment under this section may also be exercised by such other supervisory officer as the central government may by order specify in this behalf. 1. subs. by s. 6, ibid., for certain words w.e.f.

section 10. of the central industrial security forceact : it shall be the duty of every 1 member of the force a promptly to obey and execute all orders lawfully issued to him by his superior authority b to protect and safeguard the industrial undertakings owned by the central government together with such other installations as are specified by that government to be vital for the carrying on of work in those undertakings, situate within the local limits of his jurisdiction: provided that before any installation not owned or controlled by the central government is so specified, the central government shall obtain the consent of the government of the state in which such installation is situate c to protect and safeguard 2any joint venture, private industrial undertaking and such other industrial undertakings and installations for the protection and security of which he is deputed under section 14 3d to protect and safeguard the employees of the industrial undertakings and installations referred to in clauses b and c e to do any other act conducive to the better protection and security of the industrial undertakings and installations referred to in clauses b and c and the employees referred to in clause d. 4f to provide technical consultancy services relating to security of any private sector industrial establishments under section 14a g to protect and safeguard the organisations owned or funded by the government and the employees of such organisations as may be entrusted to him by the central government h any other duty 2within and outside india which may be entrusted to him by the central government from time to time. 1. the words supervisory officer and omitted by act 14 of , s. 13 and the schedule w.e.f. . 2. ins. by act 22 of , s. 6 w.e.f. . 3. subs. by act 20 of , s. 4, for clause d w.e.f. . 4. ins. by act 40 of , s. 7 w.e.f.

section 3. of the central industrial security forceact : 1 there shall be constituted and maintained by the central government 1 an armed force of the union to be called the central industrial security force for the better protection and security of industrial undertakings owned by that government2 ,joint venture or private industrial undertaking 3 and to perform such other duties as may be entrusted to it by the central government. 2 the force shall be constituted in such manner, shall consist of such number of 4 supervisory officers, subordinate officers, under officers and other enrolled members of the force who shall receive such pay and other remuneration as may be prescribed. 1. subs. by s. 4, ibid., for a force w.e.f. . 2. ins. by act 22 of , s. 3 w.e.f. . 3. ins. by act 40 of , s. 4 w.e.f. . 4. subs. by act 14 of , s. 4, for supervisory officers and members w.e.f.

section 11. of the central industrial security forceact : show related subordinates 1 1 any member of the force may, without any order from from a magistrate and without a warrant, arrest 2 i any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to any employee, referred to in clause d of section 10, or to him or any other member of the force, in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member ii any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing,a cognizable offence which relates to property belonging to, or in the premises of, any industrial undertaking referred to in clauses b and c of section 10, or relates to the other installations, or to property in the premises of the other installations, referred to in those clauses iii any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve 3 danger to the life of any person engaged in carrying on any work relating to any undertaking or installations referred to in clauses b and c of section 10. 2 if any person is found trespassing on the premises of any industrial undertaking referred to in clauses b and c of section 10, he may, without prejudice to any other proceedings which may be taken against him, he removed from such premises by any 4 member of the force. 1. subs. by act 14 of , s. 9, for subsection 1 w.e.f. . 2. subs. by act 20 of , s. 5, for clause i w.e.f. . 3. the word imminent omitted by act 20 of , s. 5 w.e.f. . 4. the words supervisory officer or omitted by act 14 of , s. 9 w.e.f.

section 12. of the central industrial security forceact : show related subordinates 1 whenever 1 any member of the force, not below the the prescribed rank, has reason to believe that any such offence as is referred to in section 11 has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain the offender and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. 2 the provisions of the 2 code of criminal procedure, 2 of relating to searches under that code shall, so far as may be, apply to searches under this section. 1. the words any supervisory officer, or omitted by s. 13 and the schedule, ibid. w.e.f. . 2. subs. by s. 13 and the schedule, ibid., for code of criminal procedure, 5 of w.e.f.

section 13. of the central industrial security forceact : any 1 member of the force making an arrest under this act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest. 1. the words supervisory officer or omitted by s. 13 and the schedule, ibid. w.e.f.

section 17., by persons ceasing to be members of the force. of the central industrial security forceact : 1 every person who for any reason ceases to be 1 an enrolled member of the force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as 1 an enrolled member of the force. 2 any person who wilfully neglects or refuses to surrender his certificate of appointment or the arms, accoutrements, clothing and other articles furnished to him, as required by subsection 1, shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 3 nothing in this section shall be deemed to apply to any article which, under the orders of the 2 directorgeneral, has become the property of the person to whom the same was furnished. 1. subs. by act 14 of , s. 13 and the schedule, for a member w.e.f. . 2. subs. by s. 13 and the schedule, ibid., for inspectorgeneral w.e.f. .

section 14a. of the central industrial security forceact : 1 14a. technical consultancy service to industrial establishments.1 subject to any general directions which may be issued by the central government, it shall be lawful for the directorgeneral, on a request received from the managing director of an industrial establishment in the private sector or any other person authorised by him in this behalf, to direct the members of the force to provide technical consultancy services relating to security, to such industrial establishments in such manner and on payment of such fee as may be prescribed. 2 the fee received under subsection 1 shall be credited to the consolidated fund of india. explanation.for the purposes of this section, the expression managing director, in relation to an industrial establishment, means the person whether called general manager, manager, chief executive officer or a partner of a firm or by any other name who exercises control over the affairs of the establishment. 1. ins. by act 40 of , s. 8 w.e.f. .

section 18. of the central industrial security forceact : show related subordinates 1 1 without prejudice to the provisions contained in section section 8, every member of the force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by a supervisory officer, or who shall withdraw from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the force, or who shall be guilty of cowardice, may be taken into force custody and shall, on conviction, be punished with imprisonment for a term which may extend to one year. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under this section shall be cognizable and nonbailable. 2a notwithstanding anything contained in the code of criminal procedure, 2 of , the central government may invest the commandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by an enrolled member of the force and punishable under this act, or any offence committed by an enrolled member of the force against the person or property of another member of the force: provided that i when the offender is on leave or absent from duty or ii when the offence is not connected with the offenders duties as an enrolled member of the force or iii when it is a petty offence even if connected with the offenders duties as an enrolled member of the force or iv when, for reasons to be recorded in writing, it is not practicable for the commandant invested with the powers of a magistrate to inquire into or try an offence, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so requires, be inquired into or tried by an ordinary criminal court having jurisdiction in the matter. 3 nothing contained in this section shall be construed to prevent any member of the force from being prosecuted under any other law for any offence made punishable by that law, or for being liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section: provided that no person shall be punished twice for the same offence. 1. subs. by s. 11,ibid., for subsections 1 and 2 w.e.f.

section 14. of the central industrial security forceact : show related subordinates 11 subject to any general directions which may be issued by the central government, it shall be lawful for the 2 directorgeneral, on a request received in this behalf from the managing director concerned of an industrial undertaking in public sector1 , joint venture or private sector, showing the necessity thereof, to depute such number of 3 members of the force as the 2 directorgeneral may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the 4 members of the force so deputed shall be at the charge charge of the managing director: provided that in the case of an undertaking, owned, controlled or managed, i by a government company of which the central government is not a member ii by a corporation established by or under a provincial or state act, no such request shall be entertained unless it is made with the consent of the government of the state in which the undertaking is situate. 2 if the 2 directorgeneral is of the opinion that circumstances necessitating the deputation of the 4 members of the force in relation to an industrial undertaking under subsection 1 have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the managing director of that industrial undertaking, withdraw the 4 members of the force so deputed: provided that the managing director may, on giving 5 threemonths notice in writing to the 6 directorgeneral require that the 7 members of the force so deputed shall be withdrawn, and the managing director shall be relieved from the charge from the date of expiration of such notice or from any earlier date on which the force is so withdrawn. 3 every 8 member of the force, while discharging his functions during the period of deputation, shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this act, if he had been discharging those functions in relation to an industrial undertaking owned by the central government. 1. ins. by act 22 of , s. 7w.e.f. . 2. subs. by act 14 of , s. 13 and the schedule, for inspectorgeneral w.e.f. . 3. the words supervisory officers and omitted by s. 13 and the schedule, ibid. w.e.f. . 4. the words officers and omitted by s. 13 and the schedule, ibid. w.e.f. . 5. subs. by act 22 of , s. 7, for one months notice w.e.f. . 6. subs. by act 14 of , s. 13 and the schedule, for inspectorgeneral w.e.f. . 7. the words officers and omitted by s. 13 and the schedule, ibid. w.e.f. . 8. the words officer and omitted by s. 13 and the schedule, ibid. w.e.f. .

section 15. of the central industrial security forceact : 1 every 1 member of the force shall, for the purpose of this act, be be considered to be always on duty, and shall, at any time, be liable to be employed at any place within2 or outside india. 2 save as provided in section 14, no 3 member of the force shall engage himself in any employment or office other than his duties under this act. 1. the words supervisory officer and omitted by act 14 of , s. 13 and the schedule w.e.f. . 2. ins. by act 22 of , s. 8 w.e.f. . 3. the words supervisory officer or omitted by act 14 of , s. 13 and the schedule w.e.f.

section 16. of the central industrial security forceact : a member of the force shall not by reason of his suspension from office cease to be a member of the force and he shall, during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty.

section 15a. of the central industrial security forceact : 115a. restrictions respecting right to form association, etc.1 no member of the force shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreatinonal or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection the decision of the central government thereon shall be final. 2 no member of the force shall participate in, or address, any meeting or take part in any demonstration organised by anybody or persons for any political purposes or for such other purposes as may be prescribed. 1. ins. by s. 10, ibid. w.e.f. .

section 22. of the central industrial security forceact : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for a regulating the classes, ranks, grades, pay any remuneration of 1 members of the force and their conditions of service in the force b regulating the powers and duties of 1 members of the force authorised to exercise any functions by or under this act c fixing the period of service for 1 members of the force d prescribing the description and quantity of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the force e prescribing the places of residence of members of the force f institution, management and regulation of any fund for any purpose connected with the administration of the force g regulating the punishments and prescribing authorities to whom appeals shall be preferred from orders of punishment, or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals 2 gg regulating matters with respect to force custody under this act including the procedure to be followed for taking persons into such custody ggg regulating matters with respect to disposal of cases relating to offences under this act and specifying the places in which persons convicted under this act may be confinedc 3 gggg prescribing authority under subsection 2a of section 9 and the procedure to be followed by such authority in disposing of the revision petition ggggg prescribing authority under subsection 2b of section 9, the period within which such authority may call for the records and the manner in which such authority may make inquiryi h the terms and conditions subject to which 4 members of the force may be deputed under section 14 and the charges therefor 5 6 hh the manner in which and the fee on payment of which the technical consultancy services shall be provided under subsection 1 of section 14a and i any other matter which has to be, or may be, prescribed 7 or in respect of which rules are required to be made under this act. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session 8 or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words supervisory officers and omitted by s. 12, ibid. w.e.f. . 2. ins. by s. 12, ibid. w.e.f. . 3. ins. by act 40 of , s. 9 w.e.f. 4. the words supervisory officers and omitted by act 14 of , s. 12 w.e.f. . 5. the word and omitted by act 40 of , s. 9 w.e.f. . 6. ins. by s. 9, ibid. w.e.f. . 7. ins. by act 14 of , s. 12 w.e.f. . 8. subs. by s. 12, ibid., for certain words w.e.f.

section 19. of the central industrial security forceact : the police incitement to disaffection act, , shall apply to 1 members of the force as it applies to members of a police force. 1. the words supervisory officers and omitted by act 14 of , s. 13 and the schedule w.e.f. .

section 20. of the central industrial security forceact : nothing contained in the payment of wages act, 4 of , or the industrial disputes act, 14 of , or the factories act, 63 of , or any corresponding law relating to investigation and settlement of industrial disputes in force in a state shall apply to members of the force.

section 21. of the central industrial security forceact : 1 in any suit or proceeding against any 1 member of the force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority. 2 any such plea may be proved by the production of the order directing the act, and if it is so proved, the 1 member of the force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order. 3 nothwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1 member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding. 1. the words supervisory officer or omitted by s. 13 and the schedule, ibid. w.e.f. .

section 8. of the societies registration act : if a judgment shall be recovered against the person or officer named on behalf of the society, such judgment shall not be put in force against the property, movable or immovable, or against the body of such person or officer, but against the property of the society. the application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the society only, and shall require to have the judgment enforced against the property of the society.

section 1. of the societies registration act : any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this act, may, by subscribing their names to a memorandum of association, and filing the same with the registrar of jointstock companies 1, form themselves into a society under this act. state amendments orissa. insertion of new section before section 1, act 21 of .in the societies registration act, 21 of hereinafter referred to as the said act, section 1 shall be renumbered as section 1a and before the said section as so renumbered, the following new section shall be inserted, namely: 1. appointment of registrar of societies.the state government may, by notification, appoint a person to be called the registrar of societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this act, and shall subject to such general or special order as the state government may from time to time make, superintend the administration and carry out the provisions of this act throughout the state or orissa. vide the orissa act 21 of , s. 2 adaptation.in the said act, for the expressions, registrar of joint stock companies and registrar wherever they occur, the expression registrar of societies shall be substituted. vide the orissa act 21 of , s. 3 pending proceedings and construction of reference to registrar of companies in instruments issued or made before this act.1 all proceedings under the said act pending before the registrar of joint stock companies at the date of commencement of this act shall stand transferred to the registrar of societies and any such proceedings shall be continued and disposed of by the registrar of societies, as if it had been originally instituted before such registrar under the said act. 2 in all certificates of registration and in all rules or byelaws of societies and in all other instruments issued or made under the said act before the date of commencement of this act, references to the registrar of joint stock companies or the registrar of companies shall be deemed to be and be construed as references to the registrar of societies. vide the orissa act 21 of , s. 4 orissa. amendment of section 1.in the societies registration act, 21 of , as applicable to the state of orissa , section 1 shall be renumbered as subsection 1 thereof and after subsection 1 as so renumbered, the following subsections shall be inserted, namely: 2 the state government may, by notification, appoint one or more additional registrars with such local jurisdiction as may be assigned to them by the state government. 3 the additional registrars so appointed shall, subject to the control of the registrar of societies, exercise such of the powers and perform such of the functions of the registrar of societies as the state government may authorize in that behalf.. vide the orissa act 9 of , s. 2 state amendment union territory of ladakh after the preamble and before the existing section 1, insert 1. appointment, etc. of registrar of societies, etc.1 the administration of union territory of ladakh may, by notification, appoint a person to be called the registrar of societies and he shall exercise such powers and perform such duties and functions as are conferred by or under the provisions of this act, and shall subject to such general or special order as the administration of the union territory of ladakh may from time to time make, superintend the administration and carry out the provisions of this act throughout the union territory of ladakh. 2 the administration of the union territory of ladakh may by notification, appoint one or more additional registrars with such local jurisdiction as may be assigned to them. 3 the additional registrars so appointed shall, subject to the control of the registrar of societies, exercise such of the powers and perform such of the functions of the registrar of societies as the administration of the union territory of ladakh may authorise in that behalf. b number the existing section as section 1a and in this section as so numbered, for registrar of jointstock companies substitute registrar of societies.. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o. e, dated . arunachal pradesh after section 1, the following section shall be inserted, namely: definitions1a. in this act, unless the context otherwise requires: a administrator means the administrator of the union territory of arunachal pradesh appointed by the president under article 239 of the constitution b registrar means the registrar of societies appointed by the administrator. vide arunachal pradesh act 6 of , s. 2 and the schedule uttarakhand substitution of section 1.in societies registration act , which is hereinafter referred to as principal act the section 1 shall be substituted as follows, namely: 1. societies formed by memorandum of association and registration.any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as is described in section 20 of the act, may, be digital signature of their name in online form of memorandum of association and rules filling the same online with the registrar form themselves into a society under this act. vide uttarakhand act 4 of , s. 2 haryana insertion of section 1a in central act 21 of .after section 1 of the societies registration act, hereinafter called the principal act, the following section shall be inserted, namely: 1a. definitions. in this act, unless the context otherwise requires, a prescribed means prescribed by rules made under this act b state government means the government of the state of haryana.. vide haryana act 14 of , s. 2 1. the words and figures under act 19 of rep. by act 16 of , s. 1 and sch., pt. i. see now the companies act, 1 of .

section 2. of the societies registration act : the memorandum of association shall contain the following things that is to say the name of the society the objects of the society the names, addresses, and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted. a copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.

section 7. of the societies registration act : no suit or proceeding in any civil court shall abate or discontinue by reason of the person, by or against whom such suit or proceedings shall have been brought or continued, dying or ceasing to fill the character in the name whereof he shall have sued or been sued, but the same suit or proceeding shall be continued in the name of or against the successor of such person.

section 3. of the societies registration act : 13. registration and fees.upon such memorandum and certified copy being filed, the registrar shall certify under his hand that the society is registered under this act. there shall be paid to the registrar for every such registration fee of fifty rupees, or such smaller fee as 2the state government may, from time to time, direct and all fees so paid shall be accounted for to 3the state government. state amendments orissa. insertion of a new section.in the societies registration act, 21 of hereinafter referred to as the principal act, after section 3, the following section shall be inserted, namely: 3a. prohibition against registration of societies with undesirable names.no society shall be registered by a name which, in the opinion of the registrar of societies is undesirable , being a name identical with or, which in the opinion of the registrar of societies so nearly resembles the name by which any other existing society has been previously registered under this act or anybody corporate which has been incorporated or registered under any other law for the time being in force as to be likely to deceive the public or members of either society or anybody corporate, or which, without the previous permission of the government concerned , suggests or is calculated to suggest the patronage of that government or connection with anybody constituted by that government or any local authority, or which may, subject to any rules made in that behalf, be deemed to be undesirable by the registrar of societies.. vide the odisha act 6 of , s. 2 union territory of ladakh section 3.for registrar, substitute registrar of societies. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o.e, dated . uttarakhand. amendment of section 3.in principal act subsection 1 of section 3 of shall be substituted as follows, namely: 3. registration and fees.1 upon such memorandum and its digitally signed copy being filed alongwith particulars of the address of society office which will be registered address, by the secretary of the society on behalf of the persons subscribing to the memorandum, the registrar shall certify under his digital signature that the society is registered under this act, for every such registration fees of five thousand five hundred and fifty rupees shall be paid to registrar. for every such registration for youth/women mangal dal, women group/community group fees of fifty rupees shall be paid. provided further that the state government may, by notification in the official gazette, increase from time to time the fee payable under this subsection. provided further that the registrar may, in his discretion, issue public offline notice or issue offline notice to such persons as he thinks fit inviting offline objections, if any against the proposed registration and consider all objections that may be received by him before registering the society. the prescribed fee of registration shall be submitted online after the online approval of registration by the registrar. after depositing the prescribed fees, the digitally signed society registration certificate shall be downloaded by the applicant. videuttarakhand act 4 of , s. 3 haryana amendment of section 3 of central act 21 of . in section 3 of the societies registration act, hereinafter called the principal act, for the words fifty rupees, the words two hundred and fifty rupees shall be substituted. vide haryana act 14 of , s. 2 insertion of section 3a in central act 21 of .after section 3 of the principal act, the following section shall be inserted, namely: 3a. refusal of registration.1 the registrar may, in his discretion, issue public notice or issue notice to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the society. 2 notwithstanding anything contained in section 3, the registrar shall refuse to register a society, if after giving it an opportunity of showing cause against such refusal, he is satisfied that a the name of the society is identical with that of any other society previously registered under this act b the name of the society sought to be registered uses any of the words, namely: union, state, land mortgage, land development, cooperative, gandhi, reserve bank or any words expressing or implying the sanction. approval or patronage of the central or any state government or any word which suggests or is calculated to suggest any connection with any local authority or any corporation or body constituted by or under any law for the time being in force or is such as is otherwise likely to deceive the public or the members of any other society previously registered under this act c anyone or more of the objects of the society sought to be registered is not an object mentioned in section 1 and 20 or d its objects are contrary to any other law for the time being in force or contrary to public policy.. vide haryana act 14 of , s. 3 1. this section was amended in its application to berar by s. 14 of the central provinces and berar vidya mandir act, c. p. b. act 3 of . 2. the words the governorsgeneral of india in council have been successively adapted by the a.o. and the a.o. to read as above. 3. the word govt. has been successively adapted by the a.o. and the a. o. to read as above.

section 6. of the societies registration act : every society registered under this act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion: provided that it shall be competent for any person having a claim or demand against the society, to sue the president or chairman, or principal secretary or the trustees thereof, if on application to the governing body some other officer or person be not nominated to be the defendant.

section 10. of the societies registration act : any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of property in the manner hereinbefore provided. recovery by successful defendant of costs adjudged.but if the defendant shall be successful in any suit or other proceeding brought against him at the instance of the society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the society, and in the latter case shall have process against the property of the said society in the manner above described.

section 12. of the societies registration act : whenever it shall appear to the governing body of any society registered under this act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes within the meaning of this act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of threefifths of the members delivered in person or by proxy, and confirmed by the votes of threefifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting. state amendments assam insertion of new sections 12a,12b and 12c in act xxi of . after section 12 of the societies registration act, xxi of , the following shall be inserted, namely: 12a. change of name.any society registered under this act may, with the consent of not less than twothirds of the total number of its members by a resolution at a general meeting convened for the purpose and subject to the provisions of section 12b, change its name. 12b. notice of change of name.1 notice in writing of every change of name, signed by the secretary and, by seven members of the society changing its name, shall be sent to the registrar 2 if the proposed name is identical with that by which any other existing society has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public, the registrar shall refuse to register the change of name. 3 save as provided in subsection 2, the registrar shall, if he is satisfied that the provisions of this act in respect of change of name have been complied with, register the change of name and the change of name shall have effect from the date of such registration. 12c. effects of change of name.the change in the name of a society registered under this act shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. vide assam act 14 of , s. 2 orissa amendment of a section 12, act 21 of .in section 12 of the principal act a in the first paragraph after the words any other society the words or whenever the governing body of any such society decides to change the name of the society shall be inserted b after the second paragraph the following proviso shall be inserted, namely: provided that no proposition for amalgamation shall be carried into effect unless it has been considered, agreed to and confirmed by all the concerned societies in the manner prescribed in this section. vide the orissa act 8 of , s. 3 orissa insertion of new sections 12a, 12b and 12c, act 21 of .after section 12 of the principal act the following new sections shall be inserted, namely: 12a. registration of change of name.1 where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the registrar of societies for registering the change of name. if the proposed name is identical with that by which any other existing society has been registered or in the opinion of the registrar so nearly resembles the name of such other society as is likely to deceive the public or the members of either society, the registrar shall refuse to register the change of name. 2 save as provided in subsection 1, the registrar shall, if he is satisfied that the provisions of this act in respect of the change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. on the issue of such certificate the change of name shall be complete. 3 the registrar shall charge for any copy of a certificate issued under subsection 2 a fee of rupee one and all fees so paid shall be accounted for to the state government. 12b. effect of change of name.the change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by the new name. 12c. registration of change of name effected before commencement of the societies registration amendment.if any society registered under this act has, before the date of the coming into force of the societies registration orissa amendment act, intimated to the registrar the change of its name and if the registrar has recorded such change the registrar may, notwithstanding anything contained in this act, on an application made by the society in this behalf and on payment of fees as provided in subsection 3 of section 12a register the change of such name and issue a certificate to the society under subsection 2 of the said section. on the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the registrar. vide the orissa act 8 of , s. 4 orissa amendment of section 12a.in the principal act, in section 12a, a for subsection 1, the following subsections shall be substituted, namely: 1 where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the registrar of societies for registering the change of name. 1a the registrar of societies may refuse to register the change of name, if he is of the opinion that the proposed change of name is undesirable for any of the reasons mentioned in section 3a.. b after subsection 3, the following subsection shall be inserted, namely: 4 if, through inadvertence or otherwise a society is registered by a name which is identical with or, which in the opinion of the registrar of societies so nearly resembles the name by which any other existing society has been previously registered under this act or any body corporate which has been incorporated or registered under any other law for the time being in force or any body constituted by the government or any local authority the registrar of societies may after hearing the party concerned direct the society to change the name and the society shall change its name within a period of three months from the date of issue of the direction in accordance with the provisions of this act, or such longer period as the registrar of societies may think fit to allow.. vide the orissa act 6 of , s. 3 insertion of a new section. in the principal act, after section 12c, the following section shall be inserted, namely: 12d. registrars power to cancel registration in certain circumstance.1 notwithstanding anything contained in this act, the registrar may, be order in writing , cancel the registration of any society on any of the following grounds, namely: a the registration of the society, or its name or change of name is contrary to the provisions of this act or of any other law for the time being in force or b its activities or, opposed activities have been, or are subversive of the objects of the society or proposed to public policy or c the registration certificate has been obtained by misrepresentation of fact or fraud or d the society fails to comply the direction issued under subsection 4 of section 12a: provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or objects or of showing cause against the action proposed to be taken in regard to it.. vide the act orissa act 6 of , s. 4 union territory of ladakh section 12. i after any other society, insert or whenever the governing body of any such society decides to change the name of the society and ii after the words after the formal meeting insert provided that no proposition for amalgamation shall be carried into effect unless it has been considered, agreed to and confirmed by all concerned societies in the manner prescribed in this section.. insertion of new sections after section 12, insert 12a. registration of change of name.1 where a proposition for change of name has been agreed to and confirmed in the manner prescribed by section 12, a copy of the proposition so agreed to and confirmed shall be forwarded to the registrar for registering the change of name and if the proposed change in the name is in his opinion undesirable for any of the reasons mentioned in section 3a, the registrar shall refuse to register the change of name. 2 save as provided in subsection 1, the registrar shall, if he is satisfied that the provisions of this act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case, and on the issue of such a certificate the change of name shall be complete. 3 the registrar shall charge for any copy of a certificate issued under subsection 2, a fee of rupee five hundred and all fees so paid shall be accounted for to the administration of the union territory of ladakh. 4 if, through inadvertence or otherwise, a society is registered by a name which should not have been registered due regard being had to the provisions of section 3a, the registrar may, after hearing the party concerned direct the society to change the name and the society shall change its name within a period of three months from the date of the direction in accordance with the provisions of this act, or such longer period as the registrar may think fit to allow. 12b. effect of change of name.the change in the name of society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. 12c. maintenance of accounts and their balancing and accounting.1 every governing body entrusted with the management of the affairs of a society registered under this act shall keep regular accounts. 2 such accounts shall be kept in such form as may be approved by the registrar, and shall contain such particulars as may be prescribed by rules. 3 the accounts shall be balanced each year on the 31st day of march or such other day as may be fixed by the registrar. 4 the accounts shall be audited annually in such manner as may be prescribed by rules and by a person who is a chartered accountant within the meaning of the chartered accountants act, 38 of , or by such persons as may be authorised in this behalf by the administration of the union territory of ladakh. 12d. auditors duty to prepare balance sheet and report irregularities, etc.1 it shall be the duty of every auditor auditing the accounts of a society under section 12c to prepare balancesheet and income and expenditure account and to forward a copy of the same to the registrar. 2 the auditor shall in his report specify all cases of irregular, illegal or improper expenditure or failure or omission to recover money or other property belonging to the society or of loss or waste of money or other property thereof, and state whether such expenditure, failure, omission, loss or waste was caused in consequence of branch of trust or misapplication or any other misconduct on the part of the governing body or any other person.. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o.e, dated . arunachal pradesh after section 12, the following sections shall be inserted namely: 12a. change of name.a society registered under this act may, with the consent of not less than twothirds of the total number of its members, by a resolution, at a general meeting convened for the purpose and subject to the provisions of section 12b change its name. 12b. notice of change of name1 notice in writing of every change of name, signed by the secretary and by seven members of the society, shall be sent to the registrar. 2 if the proposed name is identical with that by which any other existing society has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public, the registrar shall refuse to register the change of name. 3 save as provided in subsection 2, the registrar shall, if he is satisfied that the provisions of this act in respect of change of name shall have been complied with, register the change of name and the change of name shall have effect from the date such registration.. 12c.effect of change of name.the change in the name of a society registered under this act shall not effect any right or obligation of the society or render defective any legal proceeding by or against the society and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its changed name. vide arunachal pradesh act 6 of , s. 2 and the schedule haryana insertion of section 12c, 12d and 12e in central act 21 of .after section 12b of the principal act, the following sections shall be inserted, namely: 12c. maintenance of accounts and their balancing and auditing.1 every governing body entrusted with the management of the affairs of a society registered under this act shall keep regular accounts. 2 the accounts shall be kept in such form as may be approved by the registrar, and shall contain such particulars as may be prescribed. 3 the accounts shall be balanced each year on the 31st day of march or on such other day as may be fixed by the registrar. 4 the accounts shall be audited annually in such manner as may be prescribed and by a person who is a chartered accountant within the meaning of the chartered accountants act, act 38 of , or by such person as may be authorized in this behalf by the state government. 12d. auditors duty to prepare balance sheet and report irregularities, etc.1 it shall be the duty of every auditor auditing the accounts of a society under section 12c to prepare balance sheet and income and expenditure account and to forward a copy of the same to the registrar. 2 the auditor shall in his report specify all cases of irregular, illegal or improper expenditure or failure or omission to recover money or other property belonging to the society or of loss or waste of money or other property thereof, and state whether such expenditure, failure, omission, loss or waste caused in consequence of breach of trust or misapplication or any other misconduct on the part of the governing body or any other person. 12e. registrars power to cancel registration in certain circumstances. 1 notwithstanding anything contained in this act, the registrar may, by order in writing cancel the registration of any society on any of the following grounds: a that the registration of the society or of its name or change of name is contrary to the provisions of this act or of any other law for the time being in force b that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy c that the registration certificate has been obtained by misrepresentation or fraud d that the society is carrying on any unlawful activity or allows unlawful activity to be carried on within any premises under the control of the society: provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it. 2 an appeal against an order made under subsection 1 may be preferred to such authority and within such time and in such manner as may be prescribed. 3 the decision of the authority under subsection 2, shall be final.. vide haryana act 14 of , s. 4

section 4. of the societies registration act : once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of january, a list shall be filed with the registrar of jointstock companies, of the names, addresses and occupations of the governors, council, directors, committee, or other governing body then entrusted with the management of the affairs of the society. state amendments assam insertion of new section 4a in act xxi of . after section 4 of the principal act, the following new section shall be inserted, namely: 4a. changes in managing body and rules to be filed.1 together with the list mentioned in section 4, there shall be sent to the registrar of joint stock companies a statement showing changes during the year to which the list relates in the personnel of the governors, council, directors, committee or other governing body to whom the management of the affairs of the society is entrusted and also a copy of the rules of the society corrected uptodate and certified to be a correct copy by not less than three of the members of the governing body. 2 a copy of every alteration made in the rules of the society, certified to be a correct copy by not less than three members of the governing body, shall be sent to the registrar of joint stock companies within fifteen days of the making of such alterations. vide assam 11 of , s. 2 orissa insertion of new sections 4a, 4b and 4c, act 21 of .in the societies registration act, 21 of hereinafter referred to as the principal act after section 4, the following new sections shall be inserted, namely: 4a changes in the list mention 4 and rules to be filed.1 without prejudice to the provisions of section 4 any change in personnel on the list filed under the said section occurring during the year to which such list relates shall be intimated to the registrar or societies within two months of such change. 2 a copy of every alteration made in the rules and regulations of the society, certified to be a correct copy by not less than three of the governors, directors or members of the governing body, as the case may be, shall be sent to the registrar or societies within two months of the making of such alteration. 4b. persons by whom lists, etc, are to be sent.it shall be the duty a of the chairman or, as the case may be, the president, the secretary or any other person authorized in that behalf by the rules and regulations of the society or by a resolution of the governing body of the society or b of the chairman or, as the case may be, the president of the governing body of the society where is no such authorization, to file the list mentioned in section 4, or to send the intimation or as the case may be, the copy mentioned in section 4a to the registrar of societies. 4c. offence.1 if any person who is required so do to under the preceding section fails without reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine which may extend to one hundred rupees. 2 if any person willfully makes or causes to be made any false entry or alternation in, or any omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the registrar of societies under section 4a, he shall, on conviction, be punishable with fine which may extend to five hundred rupees. vide the orissa act 8 of , s. 2 union territory of ladakh section 4.for registrar of jointstock companies, substitute registrar of societies. insertion of new sectionsafter section 4, insert the following sections, namely: 4a. changes in list mentioned in section 4 and rules to be filed.1 without prejudice to the provisions of section 4 and change in personnel on the list filed under said section occurring during the year to which such list relates shall be intimated to the registrar of societies within two months of the making of such changes. 2 a copy of every alteration made in the rules and regulation of the society, certified to be a correct copy by not less than three of the governors, directors or members of governing body, as the case may be, shall be sent to the registrar of societies within two months of such alteration. 4b. persons by whom lists, etc., are to be sent.it shall be the duty a of the chairman or, as the case may be, the president, the secretary or any other person authorised in that behalf by the rules and regulations of the society or by a resolution of the governing body of the society or b of the chairman, or as the case may be, the president of the governing body of the society where there is no such authorisation, to file the list mentioned in section 4 or to send the intimation, or as the case may be, the copy mentioned in section 4a to the registrar of societies. 4c. offence.1 if any person who is required so to do under the preceding section fails without reasonable cause to comply with the provisions thereof, he shall, on conviction, be punishable with fine which may extend to one thousand rupees. 2 if any person wilfully makes or causes to be made any false entry or alteration in, or any omission from, the list filed under section 4 or any statement or copy of rules and regulations sent to the registrar of societies under section 4a, he shall on, conviction, be punishable with fine which may extend to five thousand rupees.. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o.e, dated ./hr arunachal pradesh after section 4, the following section shall be inserted, namely: 4a. change in managing body and rules to be files.1 together with the list mentioned, in section 4, there shall be sent to the registrar a statement showing changes during the year to which the list relates in the personnel of the governor, council, directors, committee or other governing body to whom the management of the affairs of the societies is entrusted and also a copy of the rules of the society corrected uptodate and certified to be a correct copy by not less than three members of the governing body. 2 a copy of every alteration made in the rules of the society certified to be a correct copy by not less than three members of the governing body, shall be sent to the registrar within fifteen days of the making of such alteration. vide arunachal pradesh act 6 of , s. 2 and the schedule haryana amendment of section 4 of central act 21 of .in section 4 of the principal act, the following words shall be added at the end, namely : there shall be paid to the registrar for every list a fee of ten rupees.. vide haryana act 14 of , s. 3

section 5. of the societies registration act : the property, movable and immovable, belonging to a society registered under this act, if not vested in trustees, shall be deemed to be vested, for the time being, in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body of such society by their proper title. state amendment uttarakhand. insertion of section 5a.in principal act after section 5 the following section shall be inserted, namely: 5a. restriction on transfer of property.1 notwithstanding anything contained in any law, contract or other instrument, it shall not be lawful for the governing body of a society registered under this act or any of its members to transfer, without the previous approval of the court, any immovable property belonging to any such society. 2 every transfer made in contravention of subsection 1 shall be void. explanation i.for the purposes of this section the word court shall have the meaning assigned to it in section 13. explanation ii.for the purposes of this section the word transfer means d a mortgage, charge, sale, gift or exchange. e lease for term exceeding five years or f irrevocable licence. vide uttarakhand act 4 of , s. 4 omission of section 5a of act no. 21 of .section 5a of the societies registration act, shall be omitted. vide uttarakhand act 23 of , s. 2

section 13. of the societies registration act : any number not less than threefifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities, according to the rules of the said society applicable thereto, if any, and, if not, then as the governing body shall find expedient provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustment of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the chief building of the society is situate and the court shall make such order in the matter as it shall deem requisite: provided that no society shall be dissolved unless threefifths of the members shall have expressed a wish for such dissolution by their votes delivered in person, or by proxy, at a general meeting convened for the purpose: provided that 1whenever any government is a member of, or a contributor to, or otherwise interested in any society registered under this act, such society shall not be dissolved 2without the consent of the government of the state of registration. state amendments assam amendment of section 13 of act xxi of . in section 13 of the said act, a after the words as the governing body the words or special committee formed to replace the governing body in respect of all matters affecting the winding up of the affairs of the society shall be inserted b after the words the said governing body the words should it not have been replaced by the aforesaid special committee in respect of all matters affecting the winding up of the society, or the said special committee, shall be inserted. 2 after section 13 of the act, the following proviso shall be inserted as the first proviso, namely: provided that any matter decided by threefifths of those present either in person or by proxy at any meeting of the members of the society or of the governing body thereof or of any special committee appointed at a general meeting for the purpose of winding up of the affairs of a society shall not be deemed to be a matter of dispute within the meaning of this section. vide assam act 15 of , s. 2 arunachal pradesh in section 13: a after the words as the governing body, the words or special committee formed to replace the governing body in respect of all matters affecting the winding up of the affairs of the society shall be inserted b after the words the said governing body, the words should it have not been replaced by the aforesaid special committee in respect of all matters affecting the winding up of the society, or the said special committee shall be inserted c in the second proviso, for the words government of the state of registration, the word administrator shall be substituted d after the second proviso, the following further proviso shall be inserted, namely: provided further that any matter decided by threefifth of those present either in person or by proxy at any meeting of the members of the society or of any governing body thereof or of any special committee appointed at a general meeting for the purpose of winding up of the affairs of a society shall not be deemed to be a matter of dispute within the meaning of this section. vide arunachal pradesh act 6 of , s. 2 and the schedule 1. subs. by the a.o. , for whenever the government. 2. subs., ibid, for without the consent of government.

section 14. proviso for jointstock companies. of the societies registration act : if upon the dissolution of any society registered under this act there shall remain after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed among the members of the said society or any of them, but shall be given to some other society, to be determined by the votes of not less than threefifths of the members present personally or by proxy at the time of the dissolution, or, in default thereof, by such court as aforesaid: clause not to apply to jointstock companies.provided, however, that this clause shall not apply to any society which shall have been founded or established by the contributions of shareholders in the nature of a jointstock company. state amendment assam amendment of section 14 of act xxi of . in section 14 of the said act, after the words some other society, the words whether registered under this act or not, shall be inserted. vide assam act 15 of , s. 3 tripura amendment of central act xxi of by inserting a new section 14ain its application to the union territory of tripura, after section 14 insert the following new section, namely 14a. disposal of property of a dissolved society.notwithstanding anything contained in section 14 it shall be lawful for the members of any society dissolved under section 13 to determine by a majority of the votes of the members present personally or by proxy at the time of the dissolution of such society that any property whatsoever remaining after the satisfaction of all the debts and liabilities shall be given to the government of tripura to be utilised for any of the purposes referred to in section 1. vide tripura act 5 of , s. 2

section 9. of the societies registration act : whenever by any byelaw duly made in accordance with the rules and regulations of the society, or, if the rules do not provide for the making of byelaws, by any byelaw made at a general meeting of the members of the society convened for the purpose for the making of which the concurrent votes of threefifths of the members present at such meeting shall be necessary, any pecuniary penalty is imposed for the breach of any rule or byelaw of the society, such penalty, when accrued, may be recovered in any court having jurisdiction where the defendant shall reside, or the society shall be situate, as the governing body thereof shall deem expedient.

section 11. of the societies registration act : any member who may be in arrear of a subscription which according to the rules of the society he is bound to pay, or who shall possess himself of or detain any property of the society in a manner or for a time contrary to such rules, or shall injure or destroy any property of the society, may be sued for such arrear or for the damage accruing from such detention, injury, or destruction of property in the manner hereinbefore provided.

section 15. of the societies registration act : for the purposes of this act a member of a society shall be a person who, having been admitted therein according to the rules and regulations thereof, shall have paid a subscription, or shall have signed the roll or list of members thereof, and shall not have resigned in accordance with such rules and regulations but in all proceedings under this act no person shall be entitled to vote or be counted as a member whose subscription at the time shall have been in arrear for a period exceeding three months.

section 16. of the societies registration act : the governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted. state amendments haryana amendment of section 16 of central act 21 of . in section 16 of the principal act, after the words and signs committee, trustees,, the words trustee mandal shall be inserted. vide haryana act 14 of , s. 5 insertion of section 16a in central act 21 of . after section 16 of the principal act, the following section shall be inserted, namely: 16a. duties, functions and powers of governing body. the duties, functions and powers of governing body of the society shall be such as may be prescribed.. vide haryana act 14 of , s. 6

section 17. of the societies registration act : any company or society established for a literary, scientific, or charitable purpose, and registered under 1act 43 of , or any such society established and constituted previously to the passing of this act but not registered under the said 1act 43 of , may at any time hereafter be registered as a society under this act subject to the proviso that no such company or society shall be registered under this act unless an assent to its being so registered has been given by threefifths of the members present personally, or by proxy, at some general meeting convened for that purpose by the governing body. in the case of a company or society registered under 1act 43 of , the directors shall be deemed to be such governing body. in the case of a society not so registered, if no such body shall have been constituted on the establishment of the society, it shall be competent for the members thereof, upon due notice, to create for itself a governing body to act for the society thenceforth. 1. rep. by the indian companies act, 10 of , s. 719, see now the companies act, 1 of .

section 18., with registrar of jointstock companies. of the societies registration act : in order to any such society as is mentioned in the last preceding section obtaining registry under this act, it shall be sufficient that the governing body file with the registrar of jointstock companies 1 a memorandum showing the name of the society, the objects of the society, and the names, addresses and occupations of the governing body, together with a copy of the rules and regulations of the society certified as provided in section 2, and a copy of the report of the proceedings of the general meeting at which the registration was resolved on. state amendment union territory of ladakh section 18.for registrar of jointstock companies, substitute registrar of societies. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o. e, dated . 1. the words and figures under act 19 of , rep. by act 16 of , s. 1 and the schedule, pt. 1, see now the companies act, 1 of .

section 19. of the societies registration act : any person may inspect all documents filed with the registrar under this act on payment of a fee of one rupee for each inspection and any person may require a copy or extract of any document or any part of any document, to be certified by the registrar, on payment of two annas for every hundred words of such copy or extract and such certified copy shall be prima facie evidence of the matters therein contained in all legal proceedings whatever. state amendments union territory of ladakh section 19.for registrar, substitute registrar of societies. vide union territory of ladakh reorganisation adaptation of central laws second order, , vide notification no. s.o. e, dated . arunachal pradesh in section 19, for the words two annas, the words fifteen paise shall be substituted. vide arunachal pradesh act 6 of , s. 2 and the schedule uttarakhand substitution of section 19.in principal act section 19 shall be substituted as follows, namely: 19. inspection of documents, certified copies.any person may inspect all document files with the registrar under this act on payment of a fee of thee hundred rupees for each inspection and any person may require a digitally signed copy or extract of any documents or any part of any document or any part of any documents, to be digitally certified by the registrar on payment of rupees one hundred as ordinary fee and rupees two such copy or extract and digital signed copy shall prima facie evidence of the matters therein contained in all legal proceedings whatever. provided further that the state government may, by notification in the official gazette, increase from time to time the fee payable under this subsection. vide uttarakhand act 4 of , s. 5 haryana amendment of section 19 of central act 21 of . in section 19 of the principal act, i for the words one rupee, the words twenty rupees shall be substituted and ii for the words twentyfive naye paise for every hundred words, the words ten rupees per page or part thereof shall be substituted. vide haryana act 14 of , s. 4

section 20. of the societies registration act : the following societies may be registered under this act: charitable societies, the military orphan funds or societies established at the several presidencies of india, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, 1the diffusion of political education, the foundation or maintenance of libraries or readingrooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs. state amendments assam insertion of new sections 21 and 22 in act xxi of . after section 20 of the principal act, the following new section shall be inserted, namely: 21. penalties.1 if the president, secretary or any other person authorized in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4, he shall, on conviction, be punishable with fine which may extend to five hundred rupees and in case of a continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the period the breach continues after first conviction for such offence. 2 if any person willfully makes or causes to be made any false entry in, or any omission from, the list required by section 4, or in or from any statement of copy of rules or of alterations in rules sent to the registrar of joint stock companies under section 4a, he shall, on conviction, be punishable with fine which may extend to two thousand rupees. 22. procedure.1 no court inferior to that of a magistrate of the first class shall try an offence punishable under this act. 2 no court shall take cognizance of an offence punishable under this act except upon complaint made by the registrar of joint stock companies or any other person, authorized in writing by him, in this behalf. vide assam 11 of , s. 3 arunachal pradesh after section 20, the following sections shall be inserted, namely: 21. penalties.1 if the president, secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4a, he shall, on conviction be punishable with fine which may extend to five hundred rupees and in case of a continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the period the breach continue after the first conviction for such offence. 2 if any person willfully makes or causes to be made any false entry in, or any commission from the list required by section 4, or in or from any statement or copy of rules or of alterations in rules sent to the registrar under section 4a, he shall, on conviction, be punishable with fine which may extend to two thousand rupees. 22. procedure.1 no court inferior to that of a judicial magistrate of the first class shall try any offence punishable under this act. explanation.judicial magistrate of the first class for the purposes of this act means the deputy commissioner, additional deputy commissioner, assistant commissioner and extra assistant commissioner who has been empowered under the assam frontier administration of just regulation, 1 of , to administer justice in the territory of arunachal pradesh. 2 no. court shall take congnizance of an offence punishable under this act except upon complaint made by the registrar or any other person, authorised in writing by him, in this behalf. vide arunachal pradesh act 6 of , s. 2 and the schedule haryana insertion of section 22 to 32 in central act 21 of . after section 21 of the principal act, the following sections shall be added at the end, namely: 22. power of registrar to call for information.1 the registrar may, by written order, require any society to furnish in writing such information or document within such time, being ordinarily not less than three weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this act. 2 on receipt by the society of an order under subsection 1, it shall be the duty of the president, secretary or any other person authorized in this behalf to furnish such information or documents. 23. investigations of affairs of society. 1 where on the information received under section 22 or otherwise, the registrar is of opinion that there is apprehension that the affairs of a society registered under this act are being so conducted as to defeat the objects of the society or that the society or its governing body by whatever name called, or any officebearer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the registrar may, either himself or by any person authorized by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society. 2 it shall be the duty of every officebearer of the society when so required by the registrar or other person authorised under subsection 1 to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation. 3 the registrar or other person authorized under subsection 1 may call upon and examine on oath any officebearer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officebearer, member or employee, when called upon, to appear before him for such examination. 4 the registrar or other person authorized under subsection 1 may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society: provided that any person from whose custody such records are seized shall be entitled to make copies thereof in the presence of the person seizing such records. 5 on the conclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the registrar to inspect or investigate shall make a report to the registrar on the result of his inspection or investigation. 6 the registrar may, after such inspection or investigation, give such directions to the society or to its governing body or any officebearer thereof, as he may think fit, for the removal of any defects or irregularities within such time es may be specified and in the event of default in taking action according to such directions, the registrar may proceed to take action under section 12e or section 30, as the case may he. 24. disputes regarding election of officebearers.1 the prescribed authority may, on a reference made to it by the registrar or by at least onefourth of the members of a society registered in haryana, beat and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an officebearer of such of society, and may pass such ordersin respect thereof it deems fit: provided that the election of an officebearer shall be set aside where the prescribed authority is satisfied a that any corrupt practice has been committed by such office bearer or b that the nomination of any candidate has been improperly rejected or c that the result of the election insofar as it concerns to such officebearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any noncompliance with the provisions of any rules of the society. explanation i. a person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person, i induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any elector to give on to refrain from giving a vote in favour of any candidate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election ii with a view to inducing any elector to give or to refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election, offers or gives any money, or valuable consideration, or any place or employment, or holds out any promise of individual advantage or profit to any person iii abets within the meaning of the indian penal code the doing of any of the acts specified in clauses i and ii iv induces or attempts to induce in candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure v canvasses on grounds of caste, community, sect or religion vi commits such other practice as the state government may prescribe to be a corrupt practice. explanation ii. a promise of individual advantage or profit to a person includes a promise for the benefit of the person himself, or of anyone in whom he is interested. explanation iii. the state government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this act or in the rules of the society. 2 where by an order made under subsection 1 an election is set aside or an officebearer is held no longer entitled to continue in notice or where the registrar is satisfied that any election of office bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office bearer or officebearers, and such meeting shal1 be presided over and be conducted by the registrar or by any officer advisory by him in this behalf, and the prescribe the rules of the society relating to meetings and elections shall apply to such meeting and election with necessary modifications. 3 where a meeting is called by the registrar under subsection 2, no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an officebearer of the society. explanation. for the purposes of this section, the expression prescribed authority mean, an officer or court authorized in this behalf by the state government by notification published in the official gazette. 25. terms of gift to be observed.where a society accepts a gift or nation of money or property of any other kind from any person for a specific purpose, it shall not use the money or other property gifted or donated or any part thereof for any other purpose except for the promotion of the activities of the society. 26. penalties.any society which a fails to furnish the list of managing body or other information required to be furnished under section 22 or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy of rules or of alteration in rules or other information sent to the registrar under the said section b wilfully fails, neglects or refuses to maintain, balance and audit accounts as referred to in section 12c c wilfully fails to produce any books of accounts or other records as required by subsection 2 of section 23 d wilfully fails to appear before the registrar or other person authorised by him or otherwise contravenes the provisions of subsection 3 of section 23 shall be punishable with fine which may extend to five thousand rupees. 27. compounding of offences. 1 the registrar may accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 26 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspect or accused to have committed. 2 on the payment of such composition fee the suspected person shall be discharged and no further proceedings shall be taken against him, and if persecution of such composition shall have the effect of his acquittal. 28. manner of payment of fees. fees payable under the provisions of this act shall be paid in such manner as may be prescribed. 29. mode of service of notice by registrar. 1 any notice, order or requisition means for a society or for the governing body thereof to be issued by the registrar may be served on the secretary of the society, and service on the secretary shall be as effectual as if the same had been served on every member of the society or, as the case may be, on every member of the governing body thereof, unless the registrar otherwise directs. 2 the sending of such notice, order or requisition to the secretary of the society by registered post at its registered office shall amount to sufficient service thereof on the society. 30. appointment of administrator. 1 where on receipt of a complaint from three office bearers of a society or three affected persons or on inspection of records, the registrar is satisfied, i that the society is working against the objectives and ideals as per sections 1 and 20 on the basis of which the society was granted certificate ii that the society is not working democratically or the elections have not taken place within the specified time or election taken place fraudulently or against the clauses of memorandum of association iii that the officebears have been nominated against the clause of memorandum of association iv that the number of members in a trustee mandal has been purposely kept below seven, the registrar may recommend to the state government to appoint an administrator : provided that no adverse order shall be passed unless an opportunity of being heard has been given to the concerned society: provided further that the action of the registrar in this behalf shall be final and no appeal shall lie in any court against such action. 2 the state government may, by order published in the official gazette, shall appoint an administrator of such society who shall not be below the rank of deputy secretary for such period, not exceeding six months, as may be specified in the order to manage the affairs of the society : provided that for reasons to be recorded in writing, the state government may, by like order, extend the said period for a further duration of six months 3 on the appointment of the administration under subsection 2, the governing body of the society shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it by this act, or its memorandum of association or the rules and regulations of any other law and subject to any directions which the state government may from time to time issue, all such functions or duties shall be performed or discharged by the administrator. 4 the administrator shall, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold election for the constitution of the governing body. 5 if the administrator is not, for reasons beyond his controlable to convene the general body meeting or inspite of such meeting being convened the general body fails to elect the governing body, the administrator shall forthwith send a report to the state government who may pass such orders as are considered necessary, either extending the period of appointment of the administrator for a further duration or if satisfied that public interest so requires, for the dissolution of the society. 6 the state government may, if it thinks fit, appoint a committee to advise and assist the administrator appointed under subsection 1 in the exercise of the powers and performance and discharge of the duties and functions conferred or imposed on him under this act. the members of the committee shall have such qualifications as may be prescribed and shall hold office during the pleasure of the state government. 7 where an order of dissolution is passed under subsection 5, the assets of the society shall vest in and the liabilities shall devolve on the state government. 31. indemnity. no suit, prosecution or other legal proceedings shalt lie in any court against the state government, the registrar or against any person appointed for inspection or investigation under section 23, for anything in good faith done or intended to be done under this act or the rules made thereunder. 32. power to make rules.1 the state government may, after previous publication, make rules not inconsistent with this act for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, the state government may make rules a prescribing the form of the register of societies and the mode in which entries relating to registration are to be made therein, and the mode in which such entries are to be amended or notes made therein b regulating the filing of documents received by the registrar c prescribing the particulars to be contained in the form of accounts under subsection 2 of section 12c d prescribing the manner in which the accounts shall be audited under subsection 4 of section 12c e prescribing the authority before whom and the time within which an appeal shall be preferred under subsection 2 of g section 12e. and the manner in which such appeal shall be filed f prescribing the duties, functions and powers of governing body of the society under section 16a g prescribing conditions for the inspection of original documents and regulating the grant of copies of documents under section 19 h prescribing the procedure for hearing and decision of doubts or disputes in respect of elections under subsection 1 of section 24 i prescribing the manner in which fees payable under this act shall be paid under section 28 j prescribing the qualifications of members of society under subsection 6, of section 30: k providing for any other matter for which there is no provision or insufficient provision exists in this act and for which provision is, in the opinion of the state government, necessary for giving effect to the purposes of this act. 3 every rule made under this act shall be laid, as soon as may be, after it is made, before the house of the state legislature, while it is in session, if the house agrees in making any modification in the rule or the house agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.. vide haryana act 14 of , s. 7 22. procedure.1 no court inferior to that of a magistrate of the first class shall try an offence punishable under this act. 2 no court shall take cognizance of an offence punishable under this act except upon complaint made by the registrar of joint stock companies or any other person, authorized in writing by him, in this behalf.. vide assam 11 of , s. 3 arunachal pradesh after section 20, the following sections shall be inserted, namely: 21. penalties.1 if the president, secretary or any other person authorised in this behalf by a resolution of the governing body of the society fails to comply with the provisions of section 4a, he shall, on conviction be punishable with fine which may extend to five hundred rupees and in case of a continuing breach, shall also be punishable with fine not exceeding fifty rupees for each day, during the period the breach continue after the first conviction for such offence. 2 if any person willfully makes or causes to be made any false entry in, or any commission from the list required by section 4, or in or from any statement or copy of rules or of alterations in rules sent to the registrar under section 4a, he shall, on conviction, be punishable with fine which may extend to two thousand rupees. 22. procedure.1 no court inferior to that of a judicial magistrate of the first class shall try any offence punishable under this act. explanation.judicial magistrate of the first class for the purposes of this act means the deputy commissioner, additional deputy commissioner, assistant commissioner and extra assistant commissioner who has been empowered under the assam frontier administration of just regulation, 1 of , to administer justice in the territory of arunachal pradesh. 2 no. court shall take congnizance of an offence punishable under this act except upon complaint made by the registrar or any other person, authorised in writing by him, in this behalf.. vide assam 11 of , s. 3 vide arunachal pradesh act 6 of , s. 2 and the schedule haryana amendment of section 20 of act 21 of .in section 20, for the words and sign, instruments or design, the words and sign instruments or design, promotion of the interest or welfare of the public and any other object as may be notified by the government as beneficial to the public, shall be substituted. vide haryana act 23 of , s. 2 insertion of section 22 to 32 in central act 21 of .after section 21 of the principal act, the following sections shall be added at the end, namely: 22. power of registrar to call for information.1 the registrar may. by written order, require any society to furnish in writing such information or document within such time, being ordinarily not less than three weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this act. 2 on receipt by the society of an order under subsection 1, it shall be the duty of the president, secretary or any other person authorized in this behalf to furnish such information or documents. 23. investigations of affairs of society.1 where on the information received under section 22 or otherwise, the registrar is of opinion that there is apprehension that the affairs of a society registered under this act are being so conducted as to defeat the objects of the society or that the society or its governing body by whatever name called, or any officebearer thereof in actual effective control of the society is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations, the registrar may, either himself or by any person authorized by him in that behalf, inspect or investigate into the affairs of the society or inspect any institution managed by the society. 2 it shall be the duty of every officebearer of the society when so required by the registrar or other person authorised under sub section 1 to produce any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation. 3 the registrar or other person authorized under sub section 1 may call upon and examine on oath any office bearer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every office bearer, member or employee, when called upon, to appear before him for such examination. 4 the registrar or other person authorized under sub section 1 may, if in his opinion it is necessary for the purpose of inspection or investigation, seize any or all the records including account books of the society: provided that any person from whose custody such records are seized shall be entitled to make copies thereof in the presence of the person seizing such records 5 on the conclusion of the inspection or investigation, as the case may be, the person, if any, appointed by the registrar to inspect or investigate shall make a report to the registrar on the result of his inspection or investigation. 6 the registrar may, after such inspection or investigation, give such directions to the society oi to its governing body or any officebearer thereof, as he may think fit. for the removal of any defects or irregularities within such time es may be specified and in the event of default in taking action according to such directions, the registrar may proceed to take action under section 12e or section 30, as the case may be. 24. dispute regarding election of officebearers.1 the prescribed authority may, on a refence made to it by the registrar or by at least onefourth of the members of a society registered in haryana, meet and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of an officebearer of such society, and may pass such orders in respect thereof as it deems fit: provided that the election of an officebearer shall be set aside where the prescribed authority is satisfied a that any corrupt has been committed by such officebearer or b that the nomination of any candidate has been improperly rejected or c that the result of the election insofar as it concerns to such office bearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any noncompliance with the provisions of any rules of the society. explanation i. a person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person. i induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any elector to give oi to refrain from giving a vote in favour of any candidate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election ii with a view to inducing any elector to give or to refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election, offers or gives any money. or valuable consideration, or any place or employment, or holds out any promise of individual advantage or profit to any person iii abets within the meaning of the indian penal code the doing of any of the acts specified in clauses i and ii iv induces or attempts to induce it candidate or elector to believe that he, or any person in whom he is interested, will become or will de rendered an object of divine displeasure or spiritual censure v canvasses on grounds of caste, community, sect or religion vi commits, lich other practice as the state government may prescribe to be a corrupt practice. explanation ii.a promise of individual advantage or profit to a person includes a promise for the benefit of the person himself, or of anyone in whom he is interested. explanation iii. the state government may prescribe the procedure for hearing and decision of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections for which insufficient provision exists in this act or in the rules of the society. 2 where by an order made under subsection 1, an election is set aside or an office bearer is held no longer entitled to continue in office or where the registrar is satisfied that any election of office bearers of a society has not been held faun the time specified in the rules of that society, he may call a meeting of the general body of such society for electing such office bearer or officebearers, and such meeting shal1 be presided over and be conducted by the registrar or the society relating to meetings and elections shall apply to such meeting and election with necessary modifications. 3 where a meeting is called by the registrar under sub section 2, no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an officebearer of the society. explanation. for the purposes of this section, the expression prescribed authority mean, an officer or court authorized in this behalf by the state government by notification published in the official gazette. 25. terms of gift to be observed.where a society accepts a gift or donation of money or property of any other kind from any person for a specific purpose, it shall not use the money or other property gifted or donated or any part thereof for any other purpose except for the promotion of the activities of the society. 26. penalties.any society which a fails to furnish the list of managing body or other information required to be furnished under section 22 or wilfully makes or causes to be made a false entry in, or any omission from, the list or any statement or copy of rules or of alteration in rules or other information sent to the registrar under the said section: b wilfully fails, neglects or refuses to maintain, balance and audit accounts as referred to in section 12c, wilfully fails to produce any books of accounts or other records as required by subsection 2 of section 23 d wilfully fails to appear before the registrar or other person authorised by him or otherwise contravenes the provisions of sub section 3 of section 23 shall be punishable with fine which may extend to five thousand rupees. 27. compounding of offences.1 the registrar may accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 26 or against whom a prosecution under that section has been instituted, a sum of money by way of composition fee for the offence which such person is suspect or .1ccused to have committed. 2 on the payment of such composition fee the suspected person shall be discharged and no further proceedings shall be taken and the composition shall have the effect of his acquittal. 28. manner of payment of fees.fees payable under the provisions of this act shall be paid in such manner as may be prescribed. 29. mode of service of notice by registrar.1 any notice, order or requisition meant for a society or for the governing body thereof to be issued by the registrar may be served on the secretary of the society, and service on the secretary shall be as effectual as if the same had been served on every member of the society or, as the case may be, on every member of the governing body thereof, unless the registrar otherwise directs. 2 the sending of such notice, order or requisition to the secretary of the society by registered post at its registered office shall amount to sufficient service thereof on the society. 30. appointment of administrator. i where on receipt of a complaint from three officebearers of a society or three affected persons or on inspection of records, the registrar is satisfied, i that the society is working against the objectives and ideals as per sections 1 and 20 on the basis of which the society was granted certificate ii that the society is not working democratically or the elections have not taken place within the specified tune or the election have taken place fraudulently or against the clauses of memorandum of association iii the officebearers have been nominated against the clauses of memorandum of association iv that the number of members in a trustee mandal has been purposely kept below seven, the registrar may recommend to the state government to appoint an administrator : provided that no adverse order shall be passed unless an opportunity of being heard has been given to the conceined society: provided further that the action of the registrar in this behalf shall be final and no appeal shall lie in any court against such action. 2 the state government may, by order published in the official gazette, shall appoint an administrator of such society who shall not be below the rank of deputy secretary for such period, not exceeding six months. as may be specified in the order to manage the affairs of the society : provided that for reasons to be recorded in writing, the state government may, by like order, extend the said period for a further duration of six months. 3 on the appointment of the administration under sub section 2, the governing body of the society shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it by this act, or its memorandum of association or the rules and regulations of any other law and subject to any directions which the state government may from time to time issue, all such functions or duties shall be performed or discharged by the administrator. 4 the administrator shall, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold election for the constitution of the governing body. 5 if the administrator is not, for reasons beyond his controllable to convene the general body meeting or in spite of such meeting being convened the general body fails to elect the governing body, the administrator shall forthwith send a report to the state government who may pass such orders as are considered necessary, either extending the period of appointment of the administrator for a further duration or if satisfied that public interest so requires, for the dissolution of the society. 6 the state government may, if it thinks fit, appoint a committee to advise and assist the administrator appointed under subsection 1 in the exercise of the powers and performance and discharge of the duties and functions conferred or imposed on him under this act. the members of the committee shall have such qualifications as may he prescribed and shall hold office during the pleasure of the state government. 7 where an order of dissolution is passed under subsection 5, the assets of the society shall vest in and the liabilities shall devolve on the state government. 31. indemnity.no suit, prosecution or other legal proceedings shalt lie in any court against the state government, the registrar or against any person appointed for inspection or investigation under section 23, for anything in good faith done or intended to be done under this act or the rules made thereunder. 32. power to make rules.1 the state government may, after previous publication, make rules not inconsistent with this act for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, the state government may make rules a prescribing the form of the register of societies and the mode in which entries relating to registration are to be made therein, and the mode in which such entries are to be amended or notes made therein b regulating the filing of documents received by the registrar c prescribing the particulars to be contained in the form of accounts under subsection 2 of section i2c d prescribing the manner in which the accounts shall be audited under subsection 4 of section 12c e prescribing the authority before whom and the time within which an appeal shall be preferred under sub section 2 of section 12e and the manner in which such appeal shall be filed f prescribing the duties, functions and powers of governing body of the society under section i6a g prescribing conditions for the inspection to original documents and regulating the grant of copies of documents under section 19 h prescribing the procedure for hearing and decision of doubts or disputes in respect of elections under sub section 1 of section 24 i prescribing the manner in which fees payable under this act shall be paid under section 2s j prescribing the qualifications of members of society under sub section 6, of section 30: k providing for any other matter for which there is no provision or insufficient provision exists in this act and for which provision is, in the opinion of the state government necessary for giving effect to the purposes of this act. 3 every rule made under this act shall be laid, as soon as may be, after it is made. before the house of the state legislature, while it is in session, if the house agrees in making any modification in the rule or the house agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.ic 1. ins. by act 22 of , s. 2.

section 8. of the public records act : show related subordinates 1 save as otherwise provided in any law for the time being in force, no public record shall be destroyed or otherwise disposed of except in such manner and subject to such conditions as may be prescribed. 2 no record created before the year shall be destroyed except where in the opinion of the director general or, as the case may be, the head of the archives, it is so defaced or is in such condition that it cannot be put to any archival use.

section 1. of the public records act : show related subordinates 1 this act may be called the public records act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint 1.1st march, , vide notification no. s.o. 128e, dated 1st march, , see gazette of india, extraordinary, part ii, sec. 3ii this act has been extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 4. of the public records act : show related subordinates no person shall take or cause to be taken out of india any public records without the prior approval of the central government: provided that no such prior approval shall be required if any public records are taken or sent out of india for any official purpose.

section 3., of public records. of the public records act : show related subordinates 1 the central government shall have the power to coordinate, regulate and supervise the operations connected with the administration, management, preservation, selection, disposal and retirement of public records under this act. 2 the central government in relation to the public records of the records creating agencies specified in subclauses i and ii of clause f of section 2 and the union territory administration in relation to the public records of the records creating agencies specified in subclauses iii and iv of the said clause, may, by order, authorise the director general or the head of the archives, as the case may be, subject to such conditions as may be specified in the order, to carry out all or any of the following functions, namely: a supervision, management and control of the archives. b acceptance for deposit of public records of permanent nature after such period as may be prescribed c custody, use and withdrawal of public records d arrangement, preservation and exhibition of public records e preparation of inventories, indices, catalogues and other reference media of public records f analysing, developing, promoting and coordinating the standards, procedures and the techniques for improvement of the records management system g ensuring the maintenance, arrangement and security of public records in the archives and in the offices of the records creating agency h promoting utilisation of available space and maintenance of equipments for preserving public records i tendering advice to records creating agencies on the compilation, classification and disposal of records and application of standards, procedures and techniques of records management j survey and inspection of public records k organising training programmes in various disciplines of archives administration and records management l accepting records from any private source m regulating access to public records n receiving records from defunct bodies and making arrangement for securing public records in the event of national emergency o receiving reports on records management and disposal practices from the records officer p providing authenticated copies of, or extracts from, public records q destroying or disposal of public records r obtaining on lease or purchasing or accepting as gift any document of historical or national importance.

section 7., of public records in his custody. of the public records act : show related subordinates 1 the records officer shall, in the event of any unauthorised removal destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public records. 2 the records officer shall submit a report in writing to the director general or, as the case may be, the head of the archives without any delay on any information about any unauthorised removal, destruction, defacement or alteration of any public records under his charge and about the action initiated by him and shall take action as he may deem necessary subject to the directions, if any, given by the director general or, as the case may be, head of the archives. 3 the records officer may seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officer.

section 9. of the public records act : show related subordinates whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.

section 2. of the public records act : show related subordinates in this act, unless the context otherwise requires, a board means the archival advisory board constituted under subsection 1 of section 13 b director general means the director general of archives appointed by the central government and includes any officer authorised by that government to perform the duties of the director general c head of the archives means a person holding the charge of the archives of the union territory administration d prescribed means prescribed by rules made under this act e public records includes i any document, manuscript and file ii any microfilm, microfiche and facsimile copy of a document iii any reproduction of image or images embodied in such microfilm whether enlarged or not and iv any other material produced by a computer or by any other device, of any records creating agency f records creating agency includes, i in relation to the central government, any ministry, department or office of that government ii in relation to any statutory body or corporation wholly or substantially controlled or financed by the central government or commission or any committee constituted by that government, the offices of the said body, corporation, commission or committee iii in relation to a union territory administration, any department or office of that administration iv in relation to any statutory body or corporation wholly or substantially controlled or financed by union territory administration or commission or any committee constituted by that administration, the offices of the said body, corporation, commission or committee g records officer means the officer nominated by the records creating agency under subsection 1 of section 5.

section 5. of the public records act : show related subordinates 1 every records creating agency shall nominate one of its officers as records officer to discharge the functions under this act. 2 every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.

section 6. of the public records act : show related subordinates 1 the records officer shall be responsible for a proper arrangement, maintenance and preservation of public records under his charge b periodical review of all public records and weeding out public records of euphemeral value c appraisal of public records which are more than twentyfive years old in consultation with the national archives of india or, as the case may be, the archives of the union territory with a view to retaining public records of permanent value d destruction of public records in such manner and subject to such conditions as may be prescribed under subsection 1 of section 8 e compilation of a schedule of retention for public records in consultation with the national archives of india or, as the case may be, the archives of the union territory f periodical review for downgrading of classified public records in such manner as may be prescribed g adoption of such standards, procedures and techniques as may be recommended from time to time by the national archives of india for improvement of record management system and maintenance of security of public records h compilation of annual indices of public records i compilation of organisational history and annual supplement thereto j assisting the national archives of india or, as the case may be, the archives of the union territory for public records management k submission of annual report to the director general or, as the case may be, head of the archives in such manner as may be prescribed l transferring of records of any defunct body to the national archives of india or the archives of the union territory, as the case may be, for preservation. 2 the records officer shall act under the direction of the director general or, as the case may be, head of the archives while discharging the responsibilities specified in subsection 1

section 10. of the public records act : show related subordinates no public records bearing security classification shall be transferred to the national archives of india or the archives of the union territory.

section 11. of the public records act : show related subordinates 1 the national archives of india or the archives of the union territory may accept any record of historical or national importance from any private source by way of gift, purchase or otherwise. 2 the national archives of india or, as the case may be, the archives of any union territory may, in such manner and subject to such conditions as may be prescribed, make any record referred to in subsection 1 available to any bona fide research scholar.

section 12. of the public records act : show related subordinates 1 all unclassified public records as are more than thirty years old and are transferred to the national archives of india or the archives of the union territory may be, subject to such exceptions and restrictions as may be prescribed made available to any bona fide research scholar. explanation. for the purposes of this subsection, the period of thirty years shall be reckoned from the year of the opening of the public record. 2 any records creating agency may grant to any person access to any public record in its custody in such manner and subject to such conditions as may be prescribed.

section 18. of the public records act : show related subordinates every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 13. of the public records act : show related subordinates 1 the central government may, by notification in the official gazette, constitute an archival advisory board for the purposes of this act. 2 the board shall consist of the following members, namely: a secretary to the government of india in the ministry of central government dealing with culture chairman, ex officio b one officer not below the rank of joint secretary to the government of india, each from the cabinet secretariat, ministry of home affairs,ministry of defence, ministry of external affairs, ministry of finance and ministry of personnel, public grievances and pension members, ex officio c two representatives not below the rank of joint secretary in the union territory administrations to be nominated by the central government members d three persons to be nominated by the central government for a period not exceeding three years, one being an archivist and two being professors in the postgraduate department of history in any recognised university. members e director general membersecretary, ex officio 3 the members nominated under clause d of subsection 2 shall be paid such allowances as may be prescribed.

section 14. of the public records act : show related subordinates the board shall perform the following functions, namely: a advise the central government and union territory administrations on matters concerning the administration, management, conservation and use of public records b lay down guidelines for training of archivists c give directions for acquisition of records from private custody d deal with such other matters as may be prescribed.

section 17. of the public records act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the period after which public records of permanent nature may be accepted under clause b of subsection 2 of section 3 b the manner in which and the conditions subject to which public records can be destroyed under clause d of subsection 1 of section 6 c the manner in which periodical review of classified public records for downgrading shall be undertaken under clause f of subsection 1 of section 6 d the manner in which the records officer will report to the director general or the head of the archives under clause k of sub section 1 of section 6 e the manner in which and the conditions subject to which public records may be destroyed or disposed of under subsection 1 of section 8 f the manner in which and the conditions subject to which records of historical or national importance may be made available to research scholar under subsection 2 of section 11 g exceptions and restrictions subject to which public records may be made available to a research scholar under subsection 1 of section 12 h the manner in which and the conditions subject to which any records creating agency may grant to any person access to public records in its custody under subsection 2 of section 12 i the allowances payable to members of the board under subsection 3 of section 13 j the matters with respect to which the board may perform its functions under clause d of section 14 k any other matter which is required to be, or may be, prescribed.

section 15. of the public records act : show related subordinates the director general shall have the power to lay down norms and standards for courses curricula, assessment and examinations relating to the training in archival science and other ancillary subjects.

section 16. of the public records act : show related subordinates no suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act or the rules made thereunder.

section 8. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations: provided that there shall not be less than six meetings every year but three months shall not intervene between one meeting and the next meeting. 2 a member shall be deemed to have vacated his office if he absents himself for three consecutive meetings of the board without the leave of the chairman. 3 the chairman shall preside at the meetings of the board and if for any reason he is unable to attend any meeting, the executive member and in the absence of both, any other member elected by the members present at such meeting, shall preside at the meeting. 4 all questions which come up before any meeting of the board shall be decided by a majority of the votes of the members present and voting and, in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

The Prasar Bharati (Broadcasting Corporation of India) Act, 1990

section 1. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 this act may be called the prasar bharati broadcasting corporation of india act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification, appoint. 1 15th september, , vide notification no. s.o. 509e, dated 22nd july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the prasar bharati broadcasting corporation of india act : in this act, unless the context otherwise requires, a akashvani means the offices, stations and other establishments, by whatever name called, which, immediately before the appointed day, formed part of or were under the directorgeneral, all india radio of the union ministry of information and broadcasting b appointed day means the date appointed under section 3 c broadcasting means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electromagnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly d board means the prasar bharati board e broadcasting council means the council established under section 14 f chairman means the chairman of the corporation appointed under section 4 g corporation means the prasar bharati broadcasting corporation of india established under section 3 h doordarshan means the offices, kendras and other establishments, by whatever name called, which, immediately before the appointed day, formed part of or were under the directorategeneral, doordarshan of the union ministry of information and broadcasting i elected member means a member elected under section 3 j executive member means the executive member appointed under section 4 k kendra means any telecasting centre with studios or transmitters or both and includes a relay station l member means a member of the board m member finance means the member finance appointed under section 4 n member personnel means the member personnel appointed under section 4 o nominated member means the member nominated by the union ministry of information and broadcasting under section 3 p nonlapsable fund means the fund created from the commercial revenues of akashvani and doordarshan to meet expenditure on certain schemes q notification means a notification published in the official gazette r parttime member means a parttime member of the board appointed under section 4, but does not include an ex officio member, the nominated member or an elected member s prescribed means prescribed by rules made under this act t recruitment board means a board established under subsection 1 of section 10 u regulations means regulations made by the corporation under this act v station means any broadcasting station with studios or transmitters or both and includes a relay station w wholetime member means the executive member, member finance or member personnel x year means the financial year.

section 7. of the prasar bharati broadcasting corporation of india act : 1 subject to the provisions of subsection 3, the chairman or any other member,except an ex officio member, the nominated member and an elected member, shall only be removed from his office by order of the president of india on the ground of misbehavior after the supreme court, on a reference being made to it by the president, has, on inquiry held in accordance with such procedure as the supreme court may by rules provide, reported that the chairman or such other member, as the case may be, ought, on such ground, be removed. 2 the president may suspend from office the chairman or other member except an ex officio member, the nominated member or an elected member, in respect of whom a reference has been made to the supreme court under subsection 1 until the president has passed orders on receipt of the report of the supreme court on such reference. 3notwithstanding anything contained in subsection 1, the president may, by order, remove the chairman or any wholetime member from his office if such chairman or such wholetime member a ceases to be a citizen of india or b is adjudged an insolvent or c engages during his term of office in any paid employment outside the duties of his office or d is convicted of any offence involving moral turpitudeor e is, in the opinion of the president, unfit to continue in office by reason of infirmity of body or mind: provided that the president may, by order, remove any parttime member from his office if he is adjudged an insolvent or is convicted of any offence involving moral turpitude or where he is, in the opinion of the president, unfit to continue in office by reason of infirmity of body or mind. 4 if the chairman or any wholetime member, except any ex officio member, the nominated member or any elected member, is, or becomes in anyway concerned or interested in any contract or agreement made by or on behalf of the corporation or the government of india or the government of a state or,participates in any way in the profit thereof, or in any benefit or emolument arising therefrom than as a member, and in common with other members of an incorporated company, he shall, for the purposes of subsection 1, be deemed to be guilty of misbehaviour. 5 if a parttime member is, or becomes in any way concerned, or interested in any contract or agreement made by or on behalf of the corporation, he shall, for the purposes of subsection 1, be deemed to be guilty of misbehaviour. 6 the chairman or any other member may resign his office by giving notice thereof in writing to the president of india and on such resignation being accepted, the chairman or other member shall be deemed to have vacated his office.

section 4. of the prasar bharati broadcasting corporation of india act : 1 the chairman and the other members, except the ex officio members, the nominated member and the elected members shall be appointed by the president of india on the recommendation of a committee consisting of a the chairman of the council of states, who shall be the chairman of the committee b the chairman of the press council of india established under section 4 of the press council act, 37 of and c one nominee of the president of india. 2 no appointment of a member shall be invalidated merely by reason of any vacancy in, or any defect in the constitution of, the committee appointed under subsection 1. 3 the chairman and the parttime members shall be persons of eminence in public life the executive member shall be a person having special knowledge or practical experience in respect of such matters as administration, management, broadcasting, education, literature, culture, arts, music, dramatics or journalism the member finance shall be a person having special knowledge or practical experience in respect of financial matters and the member personnel shall be a person having special knowledge or practical experience in respect of personnel management and administration. 4 the recommendations made by the committee constituted under subsection 1 shall be binding for the purposes of appointment under this section.

section 10. of the prasar bharati broadcasting corporation of india act : 1 the corporation shall, as soon as may be, after the appointed day and in such manner and subject to such conditions and restrictions as may be prescribed, establish for the purposes of section 9, one or more recruitment boards consisting wholly of persons other than the members, officers and other employees of the corporation: provided that for the purposes of appointment to the posts carrying scales of pay which are not less than that of a joint secretary to the central government, the recruitment board shall consist of the chairman, other members, the ex officio members, the nominated member and the elected members. 2 the qualifications and other conditions of service of the members constituting the recruitment board and the period for which such members shall hold office, shall be such as may be prescribed.

section 3. of the prasar bharati broadcasting corporation of india act : 1 with effect from such date as the central government may by notification appoint in this behalf, there shall be established for the purposes of this act a corporation, to be known as the prasar bharati broadcasting corporation of india. 2 the corporation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire,hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the headquarters of the corporation shall be at new delhi and the corporation may establish offices, kendras or stations at other places in india and, with the previous approval of the central government,outside india. 4 the general superintendence, direction and management of the affairs of the corporation shall vest in the prasar bharati board which may exercise all such powers and do all such acts and things as may be exercised or done by the corporation under this act. 5 the board shall consist of a a chairman b one executive member c one memberfinance d one memberpersonnel e six parttime members f directorgeneralakashvani, ex officio g directorgeneral doordarshan, ex officio h one representative of the union ministry of information and broadcasting, to be nominated by that ministry and i two representatives of the employees of the corporation, of whom one shall be elected by the engineering staff from amongst themselves and one shall be elected by the other employees from amongst themselves. 6 the corporation may appoint such committees as may be necessary for the efficient performance, exercise and discharge of its functions, powers and duties: provided that all or a majority of the members of each committee shall be members and a member of any such committee who is not a member shall have only the right to attend meetings of the committee and take part in the proceedings thereof, but shall not have the right to vote. 7 the corporation may associate with itself, in such manner and for such purposes as may be provided by regulations, any person whoseassistance or advice it may need in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes of which he has been associated, but shall not have the right to vote. 8 no act or proceeding of the board or of any committee appointed by it under subsection 6 shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of,the board or such committee or b any defect in the appointment of a person acting as a member or a member of such committeeor c any irregularity in the procedure of the board or such committee not affecting the merits of the case.

section 5. of the prasar bharati broadcasting corporation of india act : theexecutive member shall be the chief executive of the corporation and shall,subject to the control and supervision of the board, exercise such powers anddischarge such functions of the board as it may delegate to him.

section 6., of chairman and other members. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 1 the chairman shall be parttime member and shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: provided that any person holding office as a chairman immediately before the commencement of the prasar bharati broadcasting corporation of india amendment act, 12 of shall, in so far as his appointment is inconsistent with the provisions of this subsection, cease to hold office on such commencement as such chairman and shall not be entitled to any compensation because of his ceasing to hold such office. 2 1 the member finance and the member personnel shall be wholetime members and every such member shall hold office for a term of six years from the date on which he enters upon his office or until he attains the age of sixtytwo years, whichever is earlier. 2 2a the executive member shall be a wholetime member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier: provided that any person holding office as an executive member immediately before the commencement of the prasar bharati broadcasting corporation of india amendment act, 12 of , shall, in so far as his appointment is inconsistent with the provisions of this subsection, cease to hold office on such commencement as such executive member and shall not be entitled to any compensation because of his ceasing to hold such office. 3 the term of office of parttime members shall be six years, but onethird of such members shall retire on the expiration of every second year. 4 the term of office of an elected member shall be two years or till he ceases to be an employee of the corporation, whichever is earlier. 5 as soon as may be after the establishment of the corporation, the president of india may, by order, make such provision as he thinks fit for curtailing the term of office of some of the parttime members then appointed in order that onethird of the members holding office as such parttime members shall retire in every second year thereafter. 6 where before the expiry of the term of office of a person holding the office of chairman, or any other member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. 7 the wholetime members shall be the employees of the corporation and as such shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension if any, provident fund and other matters as may be prescribed: provided that the salaries and allowances and the conditions of service shall not be varied to their disadvantage after their appointment. 8 the chairman and parttime members shall be entitled to such allowances as may be prescribed. 1 subs. by act 12 of , s.2,for subsection 1 w.e.f .. 2 ins. by s. 2, ibid. w.e.f. .

section 9. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 subject to such control, restrictions and conditions as may be prescribed, the corporation may appoint, after consultation with the recruitment board, the directorgeneral akashvani, the directorgeneral doordarshan and such other officers and other employees as may be necessary. 2 the method of recruitment of such officers and employees and all other matters connected therewith and the conditions of service of such officers and other employees shall be such as may be provided by regulations.

section 11. of the prasar bharati broadcasting corporation of india act : show related subordinates 111. status of officers and employees.1 all officers and employees recruited for the purposes of akashvani or doordarshan before the appointed day and in service in the corporation as on the 1st day of april, , shall be on deemed deputation to the corporation with effect from the 1st day of april, , and shall so continue till their retirement. 2 all officers and employees recruited during the period on or after the appointed day till the 5th day of october, , shall be on deemed deputation to the corporation with effect from the 1st day of april, or the date of their joining service in the corporation, whichever is later and until their retirement. explanation.for the purposes of subsections 1 and 2, officers and employees recruited means officers and employees recruited either under the proviso to article 309 of the constitution or in accordance with the regulations made under the act, but shall not include persons engaged or appointed on daily wages, casual, ad hoc or work charged basis. 3 the officers and employees referred to in subsection 1 and subsection 2 shall be entitled to the pay and all other benefits as admissible to an employee of the central government: provided that such officers and employees shall not be entitled to any deputation allowance. 4 notwithstanding anything contained in any other law for the time being in force, the corporation shall have the disciplinary and supervisory powers and full control on the officers and employees referred to in subsection 1 and subsection 2, including the power to transfer them from one place, post or media to another, and to suspend, initiate disciplinary proceedings and impose major or minor penalties: provided that the power to impose major penalties of compulsory retirement, removal or dismissal from service shall be exercised by the central government. 5 all officers and employees recruited after the 5th day of october, shall be officers and employees of the corporation and shall be governed by such conditions of service as may be specified in the regulations. 1 subs. by act 6 of , s. 2, for section 11 w.e.f. .

section 16., of central government to corporation. of the prasar bharati broadcasting corporation of india act : as from the appointed day, a all property and assets including the nonlapsable fund which immediately before that day vested in the central government for the purpose of akashvani or doordarshan or both shall stand transferred to the corporation on such terms and conditions as may be determined by the central government and the book value of all such property and assets shall be treated as the capital provided by the central government to the corporation b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the central government immediately before such day for or in connection with the purposes of akashvani or doordarshan or both shall be deemed to have been incurred, entered into and engaged to be done by, with or for the corporation c all sums of money due to the central government in relation to the akashvani or doordarshan or both immediately before such day shall be deemed to be due to the corporation d all suits and other legal proceedings instituted or which could have been instituted by or against the central government immediately before such day for any matter in relation to the akashvani or doordarshan or both may be continued or instituted by or against the corporation.

section 11a. of the prasar bharati broadcasting corporation of india act : 111a. section 11 not to apply to certain officers and employees.1 the provisions of section 11 shall not apply to officers and employees of the indian information service, the central secretariat service or any other service borne on any cadre outside akashvani or doordarshan, who have been working in akashvani or doordarshan before the appointed day or in service in the corporation after that day. 2 the terms and conditions of service in the corporation of officers and employees referred to in subsection 1 shall be such as may be prescribed. 1 subs. by act 6 of , s. 2, for section 11 w.e.f. .

section 11b. of the prasar bharati broadcasting corporation of india act : 111b. transfer of posts of akashvani and doordarshan to corporation.1 all posts in the erstwhile akashvani and doordarshan other than the posts borne on the strength of the cadres referred to insubsection 2 shall be deemed to have been transferred to the corporation with effect from the 1st day of april, . 2 all matters relating to the posts borne on the strength of the cadres of the indian information service, the central secretariat service or any other cadre outside akashvani or doordarshan, in so far as such posts are concerned with the corporation, shall be determined in such manner and on such terms and conditions as may be prescribed. 1 subs. by act 6 of , s. 2, for section 11 w.e.f. .

section 13. of the prasar bharati broadcasting corporation of india act : 1 there shall be constituted a committee consisting of twentytwo members of parliament, of whom fifteen from the house of the people to be elected by the members thereof and seven from the council of states to be elected by the members thereof in accordance with the system of proportional representation by means of the single transferable vote, to oversee that the corporation discharges its functions in accordance with the provisions of this act and, in particular, the objectives set out in section 12 and submit a report thereon to parliament. 2 the committee shall function in accordance with such rules as may be made by the speaker of the house of the people.

section 12. of the prasar bharati broadcasting corporation of india act : 1 subject to the provisions of this act, it shall be the primary duty of the corporation to organise and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television. explanation.for the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to, and not in derogation of, the provisions of the indian telegraph act, 13 of . 2 the corporation shall, in the discharge of its functions, be guided by the following objectives, namely: a upholding the unity and integrity of the country and the values enshrined in the constitution b safeguarding the citizens right to be informed freely, truthfully and objectively on all matters of public interest, national or international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own c paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology d providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes e providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship f providing appropriate programmes keeping in view the special needs of the youth g informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women h promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society i safeguarding the rights of the working classes and advancing their welfare j serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas k providing suitable programmes keeping in view the special needs of the minorities and tribal communities l taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people m promoting national integration by broadcasting in a manner that facilitates communication in the languages in india and facilitating the distribution of regional broadcasting services in every state in the languages of that state n providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception o promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated and p expanding broadcasting facilities by establishing additional channels of transmission at various levels. 3 in particular, and without prejudice to the generality of the foregoing provisions, the corporation may take such steps as it thinks fit a to ensure that broadcasting is conducted as a public service to provide and produce programmes b to establish a system for the gathering of news for radio and television c to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services d to establish and maintain a library or libraries of radio, television and other materials e to conduct or commission, from time to time, programmes, audience research, market or technical service, which may be released to such persons and in such manner and subject to such terms and conditions as the corporation may think fit f to provide such other services as may be specified by regulations. 4 nothing in subsections 2 and 3 shall prevent the corporation from managing on behalf of the central government and in accordance with such terms and conditions as may be specified by that government the broadcasting of external services and monitoring of broadcasts made by organisations outside india on the basis of arrangements made for reimbursement of expenses by the central government. 5 for the purposes of ensuring that adequate time is made available for the promotion of the objectives set out in this section, the central governmentshall have the power to determine the maximum limit of broadcast time in respect of the advertisement. 6 the corporation shall be subject to no civil liability on the ground merely that it failed to comply with any of the provisions of this section. 7 the corporation shall have power to determine and levy fees and other service charges for or in respect of the advertisements and such programmes as may be specified by regulations: provided that the fees and other service charges levied and collected under this subsection shall not exceed such limits as may be determined by the central government, from time to time.

section 14., of members thereof. of the prasar bharati broadcasting corporation of india act : 1 there shall be established, by notification, as soon as may be after the appointed day, a council, to be known as the broadcasting council, to receive and consider complaints referred to in section 15 and to advise the corporation in the discharge of its functions in accordance with the objectives set out in section 12. 2 the broadcasting council shall consist of i a president and ten other members to be appointed by the president of india from amongst persons of eminence in public life ii four members of parliament, of whom two from the house of the people to be nominated by the speaker thereof and two from the council of states to be nominated by the chairman thereof. 3 the president of the broadcasting council shall be a wholetime member and every other member shall be a parttime member and the president or the parttime member shall hold office as such for a term of three years from the date on which he enters upon his office. 4 the broadcasting council may constitute such number of regional councils as it may deem necessary to aid and assist the council in the discharge of its functions. 5 the president of the broadcasting council shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension if any, provident fund and other matters as may be prescribed: provided that the salary and allowances and the conditions of service shall not be varied to the disadvantage of the president of the broadcasting council after his appointment. 6 the other members of the broadcasting council and the members of the regional councils constituted under subsection 4 shall be entitled to such allowances as may be prescribed.

section 15. of the prasar bharati broadcasting corporation of india act : 1 the broadcasting council shall receive and consider complaints from i any person or group of persons alleging that a certain programme or broadcast or the functioning of the corporation in specific cases or in general is not in accordance with the objectives for which the corporation is established ii any person other than an officer or employee of the corporation claiming himself to have been treated unjustly or unfairly in any manner including unwarranted invasion of privacy, misrepresentation, distortion or lack of objectivity in connection with any programme broadcast by the corporation. 2 a complaint under subsection 1 shall be made in such manner and within such period as may be specified by regulations. 3 the broadcasting council shall follow such procedure as it thinks fit for the disposal of complaints received by it. 4 if the complaint is found to be justified either wholly or in part, the broadcasting council shall advise the executive member to take appropriate action. 5 if the executive member is unable to accept the recommendation of the broadcasting council, he shall place such recommendation before the board for its decision thereon. 6 if the board is also unable to accept the recommendation of the broadcasting council, it shall record its reasons therefor and inform the broadcasting council accordingly. 7 notwithstanding anything contained in subsections 5 and 6, where the broadcasting council deems it appropriate, it may, for reasons to be recorded in writing, require the corporation to broadcast its recommendations with respect to a complaint in such manner as the council may deem fit.

section 17., by central government. of the prasar bharati broadcasting corporation of india act : for the purposes of enabling the corporation to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the corporation in each financial year, i the proceeds of the broadcast receiver licence fees, if any, as reduced by the collection charges and ii such other sums of money as that government considers necessary, by way of equity, grantinaid or loan.

section 18. of the prasar bharati broadcasting corporation of india act : 1 the corporation shall have its own fund and all the receipts of the corporation including the amounts which stand transferred to the corporation under section 16 shall be credited to the fund and all payments by the corporation shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in one or more nationalised banks in such manner as the corporation may decide. 3 the corporation may spend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund of the corporation. explanation.for the purposes of this section, nationalised bank means a corresponding new bank specified in the first schedule to the banking companies acquisition and transfer of undertakings act, 5 of or a corresponding new bank specified in the first schedule to the banking companies acquisition and transfer of undertakings act, 40 of .

section 24. of the prasar bharati broadcasting corporation of india act : the central government may require the corporation to furnish such information as that government may consider necessary.

section 19. of the prasar bharati broadcasting corporation of india act : show related subordinates the corporation may invest its moneys in the securities of the central government or any state government or in such other manner as may be prescribed.

section 20. of the prasar bharati broadcasting corporation of india act : 1 the corporation shall prepare, in each financial year, an annual financial statement for the next financial year showing separately a the expenditure which is proposed to be met from the internal resources of the corporation and b the sums required from the central government to meet other expenses, and distinguishing i revenue expenditure from other expenditure and ii nonplan expenditure from plan expenditure. 2 the annual financial statement shall be prepared in such form and forwarded at such time to the central government for its approval as may be agreed to by that government and the corporation.

section 22.. of the prasar bharati broadcasting corporation of india act : corporation not liable to be taxed. omitted by act 20 of , s. 163 w.e.f..

section 21. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 the corporation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and in such manner as may be prescribed. 2 the accounts of the corporation shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the corporation to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the corporation shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the corporation. 4 the accounts of the corporation as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 26. of the prasar bharati broadcasting corporation of india act : it is hereby declared that the office of the member of the broadcasting council or of the committee constituted under section 13 shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament.

section 25. of the prasar bharati broadcasting corporation of india act : 1 where the board persistently makes default in complying with any directions issued under section 23 or fails to supply the information required under section 24, the central government may prepare a report thereof and lay it before each house of parliament for any recommendation thereof as to any actionincluding super session of the board which may be taken against the board. 2 on the recommendation of the parliament, the president may by notification supersede the board for such period not exceeding six months as may be specified in the notification: provided that before issuing the notification under this subsection, the president shall give a reasonable opportunity to the board to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the board. 3 upon the publication of the notification under subsection 2, a all the members shall, as from the date of super session, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act be exercised or discharged by or on behalf of the board, shall, until the board is reconstituted under this act, be exercised and discharged by such person or persons as the president may direct. 4 on the expiration of the period of super session specified in the notification issued under subsection 2, the president may reconstitute the board by fresh appointments, and in such a case any person who had vacated his office under clause a of subsection 3 shall not be disqualified for appointment: provided that the president may, at any time before the expiration of the period of super session, take action under this subsection. 5 the central government shall cause the notification issued under subsection 2and a full report of the action taken under this section to be laid before each house of parliament.

section 31. of the prasar bharati broadcasting corporation of india act : 1 the corporation shall prepare once in every calendar year, in such form and within such time as may be prescribed, an annual report giving a full account of its activities including the recommendations and suggestions made by the broadcasting council and the action taken thereon during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before each house of parliament. 2 the broadcasting council shall prepare once in every calendar year, in such form and within such time as may be prescribed, an annual report giving a full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before each house of parliament.

section 27., to be public servants. of the prasar bharati broadcasting corporation of india act : the chairman and every other member, every officer or other employee of the corporation and every member of a committee thereof, the president and every member of the broadcasting council or every member of a regional council or a recruitment board shall be deemed to be a public servant within the meaning of section 21 of the indian penal code45 of .

section 28. of the prasar bharati broadcasting corporation of india act : no suit or other legal proceeding shall lie against the corporation,the chairman or any member or officer or other employee thereof or the president or a member of the broadcasting council or a member of a regional council or a recruitment board for anything which is in good faith done or intended to be done in pursuance of this act or of any rules on regulations made thereunder.

section 29. of the prasar bharati broadcasting corporation of india act : all orders and decisions of the corporation shall be authenticated by the signature of the chairman or any other member authorised by the corporation in this behalf and all other instruments executed by the corporation shall be authenticated by the signature of the executive member or by any officer of the corporation authorised by him in this behalf.

section 30. of the prasar bharati broadcasting corporation of india act : the corporation may, by general or special order, delegate to the chairman or any other member or to any officer of the corporation, subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this act as it may deem fit.

section 35. of the prasar bharati broadcasting corporation of india act : show related subordinates if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as it may deem necessary, for the removal of the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day.

section 32. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salaries and allowances and conditions of service in respect of leave, pension if any, provident fund and other matters in relation to the wholetime members under subsection 7 of section 6 b the allowances payable to the chairman and parttime members under subsection 8 of section 6 c the control, restrictions and conditions subject to which the corporation may appoint officers and other employees under subsection 1 of section 9 d the manner in which and the conditions and restrictions subject to which a recruitment board may be established under subsection 1 of section 10 e the qualifications and other conditions of service of the members of a recruitment board and their period of office under subsection 2 of section 10 1f the terms and conditions of service in the corporation of officers and employees under subsection 2 of section 11a ff the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the indian information service, the central secretariat service or any other cadre outside akashvani or doordarshan shall be determined under subsection 2 of section 11b g the salary and allowances and conditions of service in respect of leave, pension if any, provident fund and other matters in relation to the president of the broadcasting council under subsection 5 of section 14 h the allowances payable to other members of the broadcasting council and the members of the regional councils, under subsection 6 of section 14 i the manner in which the corporation may invest its moneys under section 19 j the form and the manner in which the annual statement of accounts shall be prepared under subsection 1 of section 21 k the form in which, and the time within which the corporation and the broadcasting council shall prepare their annual report under section 31 l any other matter which is required to be, or may be, prescribed. 1 subs. by act 6 of , s. 3, for clause f w.e.f. .

section 34. of the prasar bharati broadcasting corporation of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 33. of the prasar bharati broadcasting corporation of india act : show related subordinates 1 the corporation may, by notification, make regulations not inconsistent with this act and the rules made thereunder for enabling it to perform its functions under this act. 2 without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely: a the manner in which and the purposes for which the corporation may associate with itself any person under subsection 7 of section 3 b the times and places at which meetings of the board shall be held and, the procedure to be followed thereat, and the quorum necessary for the transaction of the business at a meeting of the board under subsection 1 of section 8 c the methods of recruitment and conditions of service of officers and other employees of the corporation under subsection 2 of section 9 1d the conditions of service of officers and employees under subsection 5 of section 11 2 f the services which may be provided by the corporation under clause f of subsection 3 of section 12 g the determination and levy of fees and other service charges in respect of advertisements and other programmes under subsection 7 of section 12 h the manner in which and the period within which complaints may be made under subsection 2 of section 15 i any other matter in respect of which provision is, in the opinion of the corporation, necessary for the performance of its functions under this act: provided that the regulations under clause c or clause d shall be made only with the prior approval of the central government. 1. subs. by act 6 of , s. 4, for clause d w.e.f. . 2. clause e omitted by s. 4, ibid. w.e.f. .

section 8. of the prize competitions act : 1 the licensing authority may, after giving the holder of any licence under this act a reasonable opportunity of being heard, cancel or suspend the licence on any one or more of the following grounds, namely: a that there has been a breach of any of the conditions subject to which the licence was granted b that the holder of the licence has contravened any of the provisions of section 7. 2 whenever a licence is cancelled or suspended the licensing authority shall record a brief statement of the reasons for such cancellation or suspension and furnish a copy thereof to the person whose licence has been cancelled or suspended.

section 1. of the prize competitions act : 1 this act may be called the prize competitions act, . 2 it extends to 1the territories which, immediately before the 1st november, , were comprised in the states of andhra, bombay, madras, orissa, uttar pradesh, hyderabad, madhya bharat, patiala and east punjab states union and saurashtra and all part c states. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. ins. by a. o. no. 3, . 2. 1st april, , vide notification no. s.r.o. 766, dated 31st march, , gazette of india, extraordinary, part ii, sec. 3.

section 2. of the prize competitions act : in this act, unless the context otherwise requires, a licensing authority means any officer or authority appointed by the state government, by notification in the official gazette, for the purpose of granting licences under this act b money includes a cheque, postalorder or moneyorder c prescribed means prescribed by rules made under this act d prize competition means any competition whether called a crossword prize competition, a missingword prize competition, a picture prize competition or by any other name in which prizes are offered for the solution of any puzzle based upon the building up, arrangement, combination or permutation, of letters, words, or figures.

section 7. of the prize competitions act : every person who promotes or conducts a prize competition in accordance with the provisions of this act and the rules made thereunder shall keep accounts relating to such competition and submit to the licensing authority a statement of accounts in such form and at such intervals as may be prescribed.

section 4. of the prize competitions act : no person shall promote or conduct any prize competition or competitions in which the total value of the prize or prizes whether in cash or otherwise to be offered in any month exceeds one thousand rupees and in every prize competition, the number of entries shall not exceed two thousand.

section 9. of the prize competitions act : if any person promotes or conducts any prize competition in contravention of the provisions of section 4 or section 5, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

section 3. of the prize competitions act : for the purposes of this act, a references to printing shall be construed as including references to writing and other modes of representing or reproducing letters, words or figures in a visible form and b documents or other matters shall be deemed to be distributed if they are distributed to persons or places within or outside the territories to which this act extends and the word distribution shall be construed accordingly.

section 10. of the prize competitions act : if any person liable under section 7 to keep accounts or to submit statements of accounts fails to keep accounts or to submit statements of accounts as required by that section or keeps accounts or submits statements of accounts which are false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, but nothing contained in this section shall affect the provisions contained in section 8.

section 5. of the prize competitions act : subject to the provisions of section 4, no person shall promote or conduct any prize competition or competitions in which the total value of the prize or prizes whether in cash or otherwise to be offered in any month does not exceed one thousand rupees unless he has obtained in this behalf a licence granted in accordance with the provisions of this act and the rules made thereunder.

section 6. of the prize competitions act : 1 every person desiring to obtain a licence referred to in section 5 shall make an application in writing to the licensing authority in such form and manner as may be prescribed. 2 on the receipt of such application, the licensing authority, after making such inquiry as it considers necessary, shall, by order in writing, either grant the licence or refuse to grant the licence. 3 where the licensing authority refuses to grant a licence it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. 4 the fees on payment of which, the period for which, the conditions subject to which, and the form in which, a licence may be granted shall be such as may be prescribed.

section 11. of the prize competitions act : if any person with a view to the promotion or conduct of any prize competition except in accordance with the provisions of a licence under this act or in contravention of the provisions of this act or in connection with any prize competition promoted or conducted except in accordance with such provisions a prints or publishes any ticket, coupon or other document for use in the prize competition or b sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution any ticket, coupon or other document for use in the prize competition or c prints, publishes or distributes, or has in his possession for the purpose of publication or distribution, i any advertisement of the prize competition, or ii any list whether complete or not of prize winners in the prize competition, or iii any such matter descriptive of, or otherwise relating to, the prize competition as is calculated to act as an inducement to persons to participate in that prize competition or any other prize competition or d brings, or invites any person to send, into the territories to which this act extends, for the purpose of sale or distribution, any ticket, coupon or other document for use in, or any advertisement of, the prize competition or e sends, or attempts to send, out of the territories to which this act extends any money or valuable thing received in respect of the sale or distribution of any ticket, coupon or other document for use in the prize competition or f uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize competition or g causes or procures or attempts to procure any person to do any of the abovementioned acts, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 18. of the prize competitions act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act.

section 12. of the prize competitions act : 1 if any person guilty of an offence under this, act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company, as well as the company, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent or connivance of, or is attributable to gross neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 13. of the prize competitions act : the licensing authority may a require any person promoting or conducting a prize competition to produce before it the accounts and other documents kept by such person or to furnish to it such other information relating to the prize competition as it may require b inspect at all reasonable times the accounts and other documents kept by such person.

section 14. of the prize competitions act : 1 it shall be lawful for any policeofficer not below the rank of subinspector authorised by the state government in this behalf by general or special order in writing, a to enter if necessary by force, whether by day or night, with such assistants as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the promotion or conduct of any prize competition in contravention of the provisions of this act b to search the premises and the persons whom he may find herein c to take into custody and produce before a magistrate all such persons as are concerned or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the user of such premises for purposes connected with, or with the promotion or conduct of, any prize competition in contravention of the provisions of this act and d to seize all things found therein which are intended to be used or reasonably suspected to have been used in connection with such prize competition. 2 all searches under this section shall be made in accordance with the provisions of the code of criminal procedure, 5 of .

section 15. of the prize competitions act : where any newspaper or other publication contains any prize competition promoted or conducted in contravention of the provisions of this act or except in accordance with the provisions of licence under this act or any advertisement in relation thereto, the state government may, by notification in the official gazette, declare every copy of the newspaper and every copy of the publication containing the prize competition or the advertisement, to be forfeited to government.

section 19. of the prize competitions act : no suit, prosecution or other legal proceeding shall lie against the licensing authority or any other officer of the government for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 20. of the prize competitions act : 1 the state government may, by notification in the official gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and manner of application for a licence and the fees, if any, for such licence b the period for which, the conditions subject to which and the form in which, a licence may be granted c the form in which and the intervals at which statements of accounts shall be submitted to the licensing authority d the time within which an appeal against a decision of the licensing authority may be preferred to the state government e any other matter which is to be or may be prescribed.

section 17. of the prize competitions act : the licensing authority and any other officer acting under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 16. of the prize competitions act : any person aggrieved by the decision of the licensing authority refusing to grant a licence or cancelling or suspending a licence may, within such time as may be prescribed, prefer an appeal to the state government and the decision of the state government on such appeal shall be final.

section 8. of the indian easements act : an easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in the heritage on which the liability is to be imposed. a a is tenant of bs land under a lease for an unexpired term of twenty years, and has power to transfer his interest under the lease. a may impose an easement on the land to continue during the time that the lease exists or for any shorter period. b a is tenant for his life of certain land with remainder to b absolutely. a cannot, unless with bs consent, impose an easement thereon which will continue after the determination of his lifeinterest. c a, b and c are coowners of certain land. a cannot, without the consent of b and c, impose an easement on the land or on any part thereof. d a and b are lessees of the same lessor, a of a field x for a term of five years, and b of a field y for a term of ten years. as interest under his lease is transferable bs is not. a may impose on x, in favour of b, a right of way terminable with as lease.

section 1. of the indian easements act : this act may be called the indian easements act, . local extent.it extends1 to the territories respectively administered by the governor of madras in council and the chief commissioners of the central provinces and coorg commencement.and it shall come into force on the first day of july, . state amendments karnataka amendment of central act v of .in section 1 of the indian easements act, central act v of for the entry under the heading local extent, the following entry shall be substituted, namely: it extends to the whole of the state of karnataka. vide karnataka act 33 of , s. 6. 1. the act was extended to 1 ajmermerwara by notification under s. 5 of the scheduled districts act, 14 of , see gazette of india, , pt. ii, p. 2 bombay and the u.p. by act 8 of and continued in force, with modifications, in the territory transferred to delhi state, see the delhi laws act, 7 of , s. 3 and the third schedule 3 whole of madhya pradesh by madhya pradesh act 23 of 4 punjab by punjab act 29 of 5 kerala by kerala act 5 of 6 pondicherry by act 26 of , s. 3 and schedule. 7 extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of s. 95 and the fifth schedule w.e.f. . the act has been repealed in its application to bellary district by mysore act 14 of .

section 7. of the indian easements act : easements are restrictions of one or other of the following rights namely: a exclusive right to enjoy.the exclusive right of every owner of immovable property subject to any law for the time being in force to enjoy and dispose of the same and all products thereof and accessions thereto. b rights to advantages arising from situation.the right of every owner of immovable property subject to any law for the time being in force to enjoy without disturbance try another the natural advantages arising from its situation. illustrations of the rights above referred to a the exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the time being in force. b the right of every owner of land that the air passing thereto shall not be unreasonably polluted by other persons. c the right of every owner of a house that his physical comfort shall not be interfered with materially and unreasonably by noise or vibration caused by any other person. d the right of every owner of land to so much light and air as pass vertically thereto. e the right of every owner of land that such land, in its natural condition, shall have the support naturally rendered by the subjacent and adjacent soil of another person. explanation.land is in its natural condition when it is not excavated and not subjected to artificial pressure and the subjacent and adjacent soil mentioned in this illustration means such soil only as in its natural condition would support the dominant heritage in its natural condition. f the right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons. g the right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel. h the right of every owner of land that the water of every natural stream which passes by, through or over his land in a defined natural channel shall be allowed by other persons to flow within such owners limits without interruption and without material alteration in quantity, direction, force or temperature the right of every owner of land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond shall be allowed by other persons to remain within such owners limits without material alteration in quantity or temperature. i the right of every owner of upper land that water naturally rising in, or falling on, such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto. j the right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep and the right of every such owner to use and consume the water for irrigating such land and for the purposes of any manufactory situate thereon, provided that he does not thereby cause material injury to other like owners. explanation.a natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.

section 3. of the indian easements act : 13. construction of certain references to act 15 of and act 9 of .all references in any act or regulation to sections 26 and 27 of the indian limitation act, or to sections 27 and 28 of act no. 9 of shall, in the territories to which this act extends, be read as made to sections 15 and 16 of this act. 1. subs. by act 10 of , s. 2 and the first schedule, for s. 3. 2. see now the limitation act, 36 of . 3. rep. by act 15 of .

section 9. of the indian easements act : subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. but he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility. illustrations a a has, in respect of his mill, a right to the uninterrupted flow thereto from sunrise to noon of the water of bs stream. b may grant to c the right to divert the water of the stream from noon to sunset: provided that as supply is not thereby diminished. b a has, in respect of his house, a right of way over bs land. b may grant to c, as the owner of a neighbouring farm, the right to feed his cattle on the grass growing on the way: provided that as right of way is not thereby obstructed.

section 5. of the indian easements act : easements are either continuous or discontinuous, apparent or nonapparent. a continuous easement is one whose enjoyment is, or may be, continual without the act of man. a discontinuous easement is one that needs the act of man for its enjoyment. an apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. a nonapparent easement is one that has no such sign. illustrations a a right annexed to bs house to receive light by the windows without obstruction by his neighbour a. this is a continuous easement. b a right of way annexed to as house over bs land. this is a discontinuous easement. c rights annexed to as land to lead water thither across bs land by an aqueduct and to draw off water thence by a drain. the drain would be discovered upon careful inspection by a person conversant with such matters. these are apparent easements. d a right annexed to as house to prevent b from building on his own land. this is a nonapparent easement.

section 10. of the indian easements act : subject to the provisions of section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. but a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease or the redemption of the mortgage. explanation.a security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by onethird, or, if consisting of buildings, exceeds by onehalf, the amount for the time being due on the mortgage.

section 6. of the indian easements act : an easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or nonperformance of a specified act.

section 2. of the indian easements act : nothing herein contained shall be deemed to affect any law not hereby expressly repealed or to derogate from a any right of the 1government to regulate the collection, retention and distribution of the water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the water flowing, collected, retained or distributed in or by any channel or other work constructed at the public expense for irrigation b any customary or other right not being a license in or over immovable property which the government, the public or any person may possess irrespective of other immovable property or c any right acquired, or arising out of a relation created, before this act comes into force. 1. subs. by the a.o. , for crown.

section 4. of the indian easements act : an easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. dominant and servient heritages and owners.the land for the beneficial enjoyment of which the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner the land on which the liability is imposed is called the servient heritage, and the owner or occupier thereof the servient owner. explanation.in the first and second clauses of this section, the expression land includes also things permanently attached to the earth the expression beneficial enjoyment includes also possible convenience, remote advantage, and even a mere amenity and the expression to do something includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting thereon. illustrations a a, as the owner of a certain house, has a right of way thither over his neighbour bs land for purposes connected with the beneficial enjoyment of the house. this is an easement. b a, as the owner of a certain house, has the right to go on his neighbour bs land, and to take water for the purposes of his household out of a spring therein. this is an easement. c a, as the owner of a certain house, has the right to conduct water from bs stream to supply the fountains in the garden attached to the house. this is an easement. d a, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on bs field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers and servants, water or fish out of cs tank, or timber out of ds wood, or to use, for the purpose of manuring his land, the leaves which have fallen from the trees on es land. these are easements. e a dedicates to the public the right to occupy the surface of certain land for the purpose of passing and repassing. this right is not an easement. f a is bound to cleanse a water course running through his land and keep it free from obstruction for the benefit of b, a lower riparian owner. this is not an easement.

section 16. of the indian easements act : provided that, when any land upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the said lastmentioned period of twenty years, in case the claim is, within three years next after the determination of such interest or term, resisted by the person entitled, on such determination, to the said land. illustration a sues for a declaration that he is entitled to a right of way over bs land. a proves that he has enjoyed the right for twentyfive years but b shows that during ten of these years c had a lifeinterest in the land that on cs death b became entitled to the land and that within two years after cs death he contested as claim to the right. the suit must he dismissed, as a, with reference to the provisions of this section, has only proved enjoyment for fifteen years.

section 11. of the indian easements act : no lessee or other person having a derivative interest may impose on the property held by him as such an easement to take effect after the expiration of his own interest, or in derogation of the right of the lessor or the superior proprietor.

section 12. of the indian easements act : an easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created or on his behalf, by any person in possession of the same. one of two or more coowners of immovable property may, as such, with or without the consent of the other or others, acquire an easement for the beneficial enjoyment of such property. no lessee of immovable property can acquire, for the beneficial enjoyment of other immovable property of his own, an easement in or over the property comprised in his lease.

section 17. of the indian easements act : easements acquired under section 15 are said to be acquired by prescription, and are called prescriptive rights. none of the following rights can be so acquired: a a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed b a right to the free passage of light or air to an open space of ground c a right to surfacewater not flowing in a stream and not permanently collected in a pool, tank or otherwise d a right to underground water not passing in a defined channel.

section 13. of the indian easements act : where one person transfers or bequeaths immovable property to another, a if an easement in other immovable property of the transferor or testator is necessary for enjoying the subject of the transfer or bequest, the transferee or legatee shall be entitled to such easement or b if such an easement is apparent and continuous and necessary for enjoying the said subject as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a different intention is expressed or necessarily implied, be entitled to such easement c if an easement in the subject of the transfer or bequest is necessary for enjoying other immovable property of the transferor or testator, the transferor or the legal representative of the testator shall be entitled to such easement or d if such an easement is apparent and continuous and necessary for enjoying the said property as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative of the testator, shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. where a partition is made of the joint property of several persons, e if an easement over the share of one of them is necessary for enjoying the share of another of them, the latter shall be entitled to such easement, or f if such an easement is apparent and continuous and necessary for enjoying the share of the latter as it was enjoyed when the partition took effect, he shall, unless a different intention is expressed or necessarily implied, be entitled to such easement. the easements mentioned in this section, clauses a, c and e, are called easements of necessity. where immovable property passes by operation of law, the persons from and to whom it so passes are, for the purpose of this section, to be deemed, respectively, the transferor and transferee. illustrations a a sells b a field then used for agricultural purposes only. it is inaccessible except by passing over as adjoining land or by trespassing on the land of a stranger. b is entitled to a right of way, for agricultural purposes only, over as adjoining land to the field sold. b a, the owner of two fields, sells one to b, and retains the other. the field retained was, at the date of the sale, used for agricultural purposes only, and is inaccessible except by passing over the field sold to b. a is entitled to a right of way, for agricultural purposes only, over bs field to the field retained. c a sells b a house with windows overlooking as land, which a retains. the light which passes over as land to the windows is necessary for enjoying the house as it war enjoyed when the sale took effect. b is entitled to the light, and a cannot afterwards obstruct it by building on his land. d a sells b a house with windows overlooking as land. the light passing over as land to the windows is necessary for enjoying the house as it was enjoyed when the sale took effect. afterwards a sells the land to c. here c cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was subject in as hands. e a is the owner of a house and adjoining land. the house has windows overlooking the land. a simultaneously sells the house to b and the land to c. the light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. here a impliedly grants b a right to the light, and c takes the land subject to the restriction that he may not build so as to obstruct such light. f a is the owner of a house and adjoining land. the house has windows overlooking the land. a, retaining the house, sells the land to b, without expressly reserving any easement. the light passing over the land is necessary for enjoying the house as it was enjoyed when the sale took effect. a is entitled to the light, and b cannot build on the land so as to obstruct such light. g a, the owner of a house, sells b a factory built on adjoining land. b is entitled, as against a, to pollute the air, when necessary, with smoke and vapours from the factory. h a, the owner of two adjoining houses, y and z, sells y to b, and retains z. b is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying y as it was enjoyed when the sale took effect, and a is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying z as it was enjoyed when the sale took effect. i a, the owner of two adjoining buildings, sells one to b retaining the other. b is entitled to a right to lateral support from as building, and a is entitled to a right to lateral support from bs building. j a, the owner of two adjoining buildings, sells one to b, and the other to c. c is entitled to lateral support from bs building, and b is entitled to lateral support from cs building. k a grants lands to b for the purpose of building a house thereon. b is entitled to such amount of lateral and subjacent support from as land as is necessary for the safety of the house. l under the land aquisition act, 10 of , a railway company compulsorily acquires a portion of bs land for the purpose of making a siding. the company is entitled to such amount of lateral support from bs adjoining land as is essential for the safety of the siding. m owing to the partition of joint property, a becomes the owner of an upper room in a building, and b becomes the owner of the portion of the building immediately beneath it. a is entitled to such amount of vertical support from bs portion as is essential for the safety of the upper room. n a lets a house and grounds to b for a particular business. b has no access to them other than by crossing as land. b is entitled to a right of way over that land suitable to the business to be carried on by b in the house and grounds. 1. see now the land acquisition act, 1 of .

section 14. of the indian easements act : when 1a right to a way of necessity is created under section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way but it must be reasonably convenient for the dominant owner. when the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out. 1. subs. by act 12 of , s. 2 and the second schedule, for right

section 20. of the indian easements act : the rules contained in this chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. incidents of customary easements.and when any incident of any customary easement is inconsistent with such rules, nothing in this chapter shall affect such incident.

section 15. of the indian easements act : where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, and where support from one persons land or things affixed thereto has been peaceably received by another persons land subjected to artificial pressure or by things affixed thereto as an easement, without interruption, and for twenty years, and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years, the right to such access and use of light or air, support or other easement shall be absolute. each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. explanation i.nothing is an enjoyment within the meaning of this section when it has been had in pursuance of an agreement with the owner or occupier of the property over which the right is claimed, and it is apparent from the agreement that such right has not been granted as an easement, or, if granted as an easement, that it has been granted for a limited period, or subject to a condition on the fulfilment of which it is to cease. explanation ii.nothing is an interruption within the meaning of this section unless where there is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made. explanation iii.suspension of enjoyment in pursuance of a contract between the dominant and servient owners is not an interruption within the meaning of this section. explanation iv.in the case of an easement to pollute water, the said period of twenty years begins when the pollution first prejudices perceptibly the servient heritage. when the property over which a right is claimed under this section belongs to 1government this section shall be read as if, for the words twenty years, the words 2thirty years were substituted. illustrations a a suit is brought in for obstructing a right of way. the defendant admits the obstruction, but denies the right of way. the plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption, from 1st january, , to 1st january, . the plaintiff is entitled to judgment. b in a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. the defendant proves that for a year of that time the plaintiff was entitled to possession of the servient heritage as lessee thereof and enjoyed the right as such lessee. the suit shall be dismissed, for the right of way has not been enjoyed as an easement for twenty years. c in a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. the defendant proves that the plaintiff on one occasion during the twenty years had admitted that the user was not of right and asked his leave to enjoyed the right. the suit shall be dismissed, for the right of way has not been enjoyed as of rightd for twenty years. 1. subs. by the a.o. , for crown. 2. subs. by act 36 of , s. 28, for sixty years w.e.f. .

section 23. of the indian easements act : subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. exception.the dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. illustrations a a, the owner of a sawmill, has a right to a flow of water sufficient to work the mill. he may convert the saw mill into a cornmill, provided that it can be worked by the same amount of water. b a has a right to discharge on bs land the rainwater from the eaves of as house. this does not entitle a to advance his eaves if, by so doing, he imposes a greater burden on bs land. c a, as the owner of a papermill, acquires a right to pollute a stream by pouring in the refuseliquor produced by making in the mill paper from rags. he may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the pollution. d a, a riparian owner, acquires, as against the lower riparian owners, a prescriptive right to pollute a stream by throwing sawdust into it. this does not entitle a to pollute the stream by discharging into it poisonous liquor.

section 18. of the indian easements act : an easement may be acquired in virtue of a local custom. such easements are called customary easements. illustrations a by the custom of a certain village every cultivator of village land is entitled, as such, to graze his cattle on the common pasture. a having become the tenant of a plot of uncultivated land in the village breaks up and cultivates that plot. he thereby acquires an easement to graze his cattle in accordance with the custom. b by the custom of a certain town no owner or occupier of a house can open a new window therein so as substantially to invade his neighbours privacy. a builds a house in the town near bs house. a thereupon acquires an easement that b shall not open new windows in his house so as to command a view of the portions of as house which are ordinarily excluded from observation, and b acquires a like easement with respect to as house.

section 19. of the indian easements act : where the dominant heritage is transferred or devolves, by act of parties or by operation of law, the transfer or devolution shall, unless a contrary intention appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. illustration a has certain land to which a right of way is annexed. a lets the land to b for twenty years. the right of way vests in b and his legal representative so long as the lease continues.

section 21. of the indian easements act : an easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. illustrations a a, as owner of a farm y, has a right of way over bs land to y. lying beyond y, a has another farm z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of y. he must not use the easement for the purpose of passing to and from z. b a, as owner of a certain house, has a right of way to and from it. for the purpose of passing to and from the house, the right may be used, not only by a, but by the members of his family, his guests, lodgers, servants, workmen, visitors and customers for this is a purpose connected with the enjoyment of the dominant heritage. so, if a lets the house, he may use the right of way for the purpose of collecting the rent and seeing that the house is kept in repair.

section 26. of the indian easements act : where an easement is enjoyed by means of an artificial work, the dominant owner is liable to make compensation for any damage to the servient heritage arising from the want of repair of such work.2 1. but see s. 50, infra, as to extinguishment or suspension of easement.

section 22. confinement of exercise of easement. of the indian easements act : the dominant owner must exercise his right in the mode which is least onerous to the servient owner and, when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. illustrations a a has a right of way over bs field. a must enter the way at either end and not at any intermediate point. b a has a right annexed to his house to cut thatchinggrass in bs swamp. a, when exercising his easement, must cut the grass so that the plants may not be destroyed.

section 24. of the indian easements act : the dominant owner is entitled1 , as against servient owner, to do all acts necessary to secure the full enjoyment of the easement but such acts must be done at such time and in such manner as, without detriment to the dominant owner, to cause the servient owner as little inconvenience as possible and the dominant owner must repair, as far as practicable, the damage if any caused by the act to the servient heritage. accessory rights.rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights. illustrations a a has an easement to lay pipes in bs land to convey water to as cistern. a may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. b a has an easement of a drain through bs land. the sewer with which the drain communicates is altered. a may enter upon bs land and alter the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on bs land. c a, as owner of a certain house, has a right of way over bs land. the way is out of repair, or a tree is blown down and falls across it. a may enter on bs land and repair the way or remove the tree from it. d a, as owner of a certain field, has a right of way over bs land. b renders the way impassable. a may deviate from the way and pass over the adjoining land of b, provided that the deviation is reasonable. e a, as owner of a certain house, has a right of way over bs field. a may remove rocks to make the way. f a has an easement of support from s wall. the wall gives way. a may enter upon bs land and repair the wall. g a has an easement to have his land flooded by means of a dam in bs stream. the dam is half swept away by an inundation. a may enter upon bs land and repair the dam. 1. but see s. 36, infra, as to abatement of obstruction of easement.

section 29. of the indian easements act : the dominant owner cannot, by merely altering or adding to the dominant heritage, substantially increase an easement. where an easement has been granted or bequeathed so that its extent shall be proportionate to the extent of the dominant heritage, if the dominant heritage is increased by alluvion, the easement is proportionately increased, and, if the dominant heritage is diminished by dilluvion, the easement is proportionately diminished. save as aforesaid, no easement is affected by any change in the extent of the dominant or the servient heritage. illustrations/br a a, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water of a stream. a alters the machinery of his mill. he cannot therbey increase his right to divert water. b a has acquired an easement to pollute a stream by carrying on a manufacture on its banks by which a certain quantity of foul matter is discharged into it. a extends his works and thereby increases the quantity discharged. he is responsible to the lower riparian owners for injury done by such increase. c a, as the owner of a farm, has a right to take, for the purpose of manuring his farm, leaves which have fallen from the trees on bs land. a buys a field and unites it to his farm. a is not thereby entitled to take leaves to manure this field.

section 25. of the indian easements act : the expenses incurred in constructing works, or making repairs, or doing any other act necessary for the use or preservation of an easement, must be defrayed by the dominant owner.

section 32. of the indian easements act : the owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person. illustration a, as owner of a house, has a right of way over bs land. c unlawfully enters on bs land, and obstructs a in his right of way. a may sue c for compensation, not for the entry, but for the obstruction.

section 27. of the indian easements act : the servient owner is not bound to do anything for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the servient heritage in any way consistent with the enjoyment of the easement but he must not do any act tending to restrict the easement or to render its exercise less convenient. illustrations a a, as owner of a house, has a right to lead water and send sewage through bs land. b is not bound, as servient owner, to clear the watercourse or scour the sewer. b a grants a right of way through his land to b as owner of a field. a may feed his cattle on grass growing on the way, provided that bs right of way is not thereby obstructed but he must not build a wall at the end of his land so as to prevent b from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of the grant. c a, in respect of his house, is entitled to an easement of support from bs wall. b is not bound, as servient owner, to keep the wall standing and in repair. but he must not pull down or weaken the wall so as to make it incapable of rendering the necessary support. d a, in respect of his mill, is entitled to a watercourse through bs land. b must not drive stakes so as to obstruct the watercourse. e a, in respect of his house, is entitled to a certain quantity of light passing over bs land. b must not plant trees so as to obstruct the passage to as windows of that quantity of light.

section 34. of the indian easements act : the removal of the means of support to which a dominant owner is entitled does not give rise to a right to recover compensation unless and until substantial damage is actually sustained.

section 28. of the indian easements act : with respect to the extent of easements and the mode of their enjoyment, the following provisions shall take effect: easement of necessity.an easement of necessity is coextensive with the necessity as it existed when the easement was imposed. other easements.the extent of any other easement and the mode of its enjoyment must be fixed with reference to the probable intention of the parties and the purpose for which the right was imposed or acquired. in the absence of evidence as to such intention and purpose a right of way.a right of way of any one kind does not include a right of way of any other kind b right to light or air acquired by grant.the extent of a right to the passage of light or air to a certain window, door or other opening, imposed by a testamentary or nontestamentary instrument, is the quantity of light or air that entered the opening at the time the testator died or the nontestamentary instrument was made c prescriptive right to light or air.the extent of a prescriptive right to the passage of light or air to a certain window, door or other opening is that quantity of light or air which has been accustomed to enter that opening during the whole of the prescriptive period irrespectively of the purposes for which it has been used d prescriptive right to pollute air or water.the extent of a prescriptive right to pollute air or water is the extent of the pollution at the commencement of the period of user on completion of which the right arose and e other prescriptive rights.the extent of every other prescriptive right and the mode of its enjoyment must be determined by the accustomed user of the right.

section 35. of the indian easements act : subject to the provisions of the specific relief act, 1 of , sections 52 to 57 both inclusive, an injunction may be granted to restrain the disturbance of an easement a if the easement is actually disturbedwhen compensation for such disturbance might be recovered under this chapter b if the disturbance is only threatened or intendedwhen the act threatened or intended must necessarily, if performed, disturb the easement. 1. ref. by act 47 of , s. 44 w.e.f. .

section 30. of the indian easements act : where a dominant heritage is divided between two or more persons, the easement becomes annexed to each of the shares, but not so as to increase substantially the burden on the servient heritage: provided that such annexation is consistent with the terms of the instrument, decree or revenueproceeding if any under which the division was made, and, in the case of prescriptive rights, with the user during the prescriptive period. illustrations a a house to which a right of way by a particular path is annexed is divided into two parts, one of which is granted to a, the other to b. each is entitled, in respect of his part, to a right of way by the same path. b a house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is divided into two distinct heritages, one of which is granted to a, the other to b. a and b are each entitled, in respect of his heritage, to draw from the well fifty buckets a day but the amount drawn by both must not exceed fifty buckets a day. c a, having in respect of his house an easement of light, divides the house into three distinct heritages. each of these continues to have the right to have its windows unobstructed.

section 31. of the indian easements act : in the case of excessive user of an easement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. illustration a, having a right to the free passage over bs land of light to four windows six feet by four, increases their size and number. it is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. b cannot obstruct the excessive user.

section 33. of the indian easements act : the owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto provided that the disturbance has actually caused substantial damage to the plaintiff. explanation i.the doing of any act likely to injure the plaintiff by affecting the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34. explanation ii.where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit. explanation iii.where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health. illustration a a places a permanent obstruction in a path over which b, as tenant of cs house, has a right of way. this is substantial damage to c, for it may affect the evidence of his reversionary right to the easement. b a, as owner of a house, has a right to walk along one side of bs house. b builds a verandah overhanging the way about ten feet from the ground, and so as not to occasion any inconvenience to footpassengers using the way. this is not substantial damage to a.

section 43. of the indian easements act : where, by any permanent change in the dominant heritage, the burden on the servient heritage is materially increased and cannot be reduced by the servient owner without interfering with the lawful enjoyment of the easement, the easement is extinguished, unless a it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the easement should be used or b the injury caused to the servient owner by the change is so slight that no reasonable person would complain of it or c the easement is an easement of necessity. nothing in this section shall be deemed to apply to an easement entitling the dominant owner to support of the dominant heritage.

section 37. of the indian easements act : when, from a cause which preceded the imposition of an easement, the person by whom it was imposed ceases to have any right in the servient heritage, the easement is extinguished. exception.nothing in this section applies to an easement lawfully imposed by a mortgagor in accordance with section 10. illustration a a transfers sultanpur to b on condition that he does not marry c. b imposes an easement on sultanpur. then b marries c. bs interest in sultanpur ends, and with it the easement is extinguished. b a, in , let sultanpur to b for thirty years from the date of the lease. b, in , imposes an easement on the land in favour of c, who enjoys the easement peaceably and openly as an easement without interruption for twentynine years. bs interest in sultanpur then ends, and with it cs easement. c a and b, tenants of c, have permanent transferable interests in their respective holdings. a imposes on his holding an easement to draw water from a tank for the purpose of irrigating bs land. b enjoys the easement for twenty years. then as rent falls into arrear and his interest is sold. bs easement is extinguished. d a mortgages sultanpur to b, and lawfully imposes an easement on the land in favour of c in accordance with the provisions of section 10. the land is sold to d in satisfaction of the mortgagedebt. the easement is not thereby extinguished.

section 36. of the indian easements act : notwithstanding the provisions of section 24, the dominant owner cannot himself abate a wrongful obstruction of an easement.

section 38. of the indian easements act : an easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. an easement may be released as to part only of the servient heritage. explanation i.an easement is impliedly released a where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done is pursuance of such authority b where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. explanation ii.mere nonuser of an easement is not an implied release within the meaning of this section. illustration a a, b and c are coowners of a house to which an easement is annexed. a, without the consent of b and c, releases the easement. this release is effectual only as against a and his legal representative. b a grants b an easement over as land for the beneficial enjoyment of his house. b assigns the house to c. b then purports to release the easement. the release is ineffectual. c a, having the right to discharge his eavesdroppings into bs yard, expressly authorises b to build over this yard to a height which will interfere with the discharge. b builds accordingly. as easement is extinguished to the extent of the interference. d a, having an easement of light to a window, builds up that window with bricks and mortar so as to manifest an intention to abandon the easement permanently. the easement is impliedly released. e a, having a projecting roof by means of which he enjoys an easement to discharge eavesdroppings on bs land, permanently alters the roof so as to direct the rainwater into a different channel and discharge it on cs land. the easement is impliedly released.

section 42. of the indian easements act : an easement is extinguished when it becomes incapable of being at any time under any circumstances beneficial to the dominant owner.

section 41. of the indian easements act : an easement is extinguished when it becomes incapable of being at any time under any circumstances beneficial to the dominant owner.

section 39. of the indian easements act : an easement is extinguished when the servient owner, in exercise of a power reserved in this behalf, revokes the easement.

section 40. of the indian easements act : an easement is extinguished where it has been imposed for a limited period, or acquired on condition that it shall become void on the performance or nonperformance of a specified act, and the period expires or the condition is fulfilled.

section 44. of the indian easements act : an easement is extinguished where the servient heritage is by superior force so permanently altered that the dominent owner can no longer enjoy such easement: provided that, where a way of necessity is destroyed by superior force, the dominant owner has a right to another way over the servient heritage and the provisions of section 14 apply to such way./ illustration a a grants to b, as the owner of a certain house, a right to fish in a river running through as land. the river changes its course permanently and runs through cs land. bs easement is extinguished. b access to a path over which a has a right of way is permanently cut off by an earthquake. as right is extinguished.

section 46. of the indian easements act : an easement is extinguished when the same person becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. illustration a a, as the owner of a house has a right of way over bs field. a mortgages his house, and b mortgages his field to c. then c forecloses both mortgages and becomes thereby absolute owner of both house and field. the right of way is extinguished. b the dominant owner acquires only part of the servient heritage: the easement is not extinguished, except in the case illustrated in section 41. c the servient owner acquires the dominant heritage in connection with a third person: the easement is not extinguished. d the separate owners of two separate dominant heritages jointly acquire the heritage which is servient to the two separate heritages: the easements are not extinguished. e the joint owners of the dominant heritage jointly acquire the servient heritage: the easement is extinguished. f a single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant heritage. the dominant owner acquires one only of the servient heritages. the easement is not extinguished. g a has a right of way over bs road. b dedicates the road to the public. as right of way is not extinguished.

section 51. of the indian easements act : an easement extinguished under section 45 revives a when the destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion b when the destroyed heritage is a servient building and before twenty years have expired such building is rebuilt upon the same site and c when the destroyed heritage is a dominant building and before twenty years have expired such building is rebuilt upon the same site and in such a manner as not to impose a greater burden on the servient heritage. an easement extinguished under section 46 revives when the grant or bequest by which the unity of ownership was produced is set aside by the decree of a competent court. a necessary easement extinguished under the same section revives when the unity of ownership ceases from any other cause. a suspended easement revives if the cause of suspension is removed before the right is extinguished under section 47. illustration a, as the absolute owner of field y, has a right of way thither over bs field z. a obtains from b a lease of z for twenty years. the easement is suspended so long as a remains lessee of z. but when a assigns the lease to c, or surrenders it to b, the right of way revives.

section 45. of the indian easements act : an easement is extinguished when either the dominant or the servient heritage is completely destroyed. illustration a has a right of way over a road running along the foot of a seacliff. the road is washed away by a permanent encroachment of the sea. as easement is extinguished.

section 52. of the indian easements act : where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

section 47. of the indian easements act : a continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years. a discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. such period shall be reckoned, in the case of a continuous easement, from the day on which its enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner and, in the case of a discontinuous easement, from the day on which it was last enjoyed by any person as dominant owner: provided that if, in the case of a discontinuous easement, the dominant owner, within such period, registers, under the indian registration act, 3 of , a declaration of his intention to retain such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of the registration. where an easement can be legally enjoyed only at a certain place, or at certain times, or between certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at other times, or between other hours, or for another purpose, does not prevent its extinction under this section. the circumstance that, during the said period, no one was in possession of the servient heritage, or that the easement could not be enjoyed, or that a right accessory thereto was enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance of his right to do so, does not prevent its extinction under this section. an easement is not extinguished under this section a where the cessation is in pursuance of a contract between the dominant and servient owners b where the dominant heritage is held in coownership, and one of the coowners enjoys the easement within the said period, or c where the easement is a necessary easement. where several heritages are respectively subject to rights of way for the benefit of a single heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to be a single easement. illustration a has, as annexed to his house, rights of way from the high road thither over the heritages x and z and the intervening heritage y. before the twenty years expire, a exercises his right of way over x. his rights of way over y and z are not extinguished. 1. see now the registration act, 16 of .

section 48. of the indian easements act : when an easement is extinguished, the rights if any accessory thereto are also extinguished. illustration a has an easement to draw water from bs well. as accessory thereto, he has a right of way over bs land to and from the well. the easement to draw water is extinguished under section 47. the right of way is also extinguished.

section 54. of the indian easements act : the grant of a license may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.

section 49. of the indian easements act : an easement is suspended when the dominant owner become entitled to possession of the servient heritage for a limited interest therein, or when the servient owner becomes entitled to possession of the dominant heritage for a limited interest therein.

section 50. of the indian easements act : the servient owner has no right to require that an easement be continued and, notwithstanding the provisions of section 26, he is not entitled to compensation for damage caused to the servient heritage in consequence of the extinguishment or suspension of the easement, if the dominant owner has given to the servient owner such notice as will enable him, without unreasonable expense, to protect the servient heritage from such damage. compensation for damage caused by extinguishment or suspension.where such notice has not been given, the servient owner is entitled to compensation for damage caused to the servient heritage in consequence of such extinguishment or suspension. illustration a, in exercise of an easement, diverts to his canal the water of bs stream. the diversion continues for many years, and during that time the bed of the stream partly fills up. a then abandons his easement, and restores the stream to its ancient course. bs land is consequently flooded. b sues a for compensation for the damage caused by the flooding. it is proved that a gave b a months notice of his intention to abandon the easement, and that such notice was sufficient to enable b, without unreasonable expense, to have prevented the damage. the suit must he dismissed.

section 56. of the indian easements act : unless a different intention is expressed or necessarily implied, a license to attend a place of public entertainment may be transferred by the licensee but, save as aforesaid, a license cannot he transferred by the licensee or exercised by his servants or agents. illustration a a grants b a right to walk over as field whenever he pleases. the right is not annexed to any immovable property of b. the right cannot be transferred. b the government grant b a license to erect and use temporary grainsheds on government land. in the absence of express provision to the contrary, bs servants may enter on the land for the purpose of erecting sheds, erect the same, deposit grain therein and remove grain therefrom.

section 53. of the indian easements act : a license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.

section 60. of the indian easements act : a license may be revoked by the grantor, unless a it is coupled with a transfer of property and such transfer is in force b the licensee, acting upon the license, has executed a work of a permanent character and incurred expenses in the execution.

section 55. of the indian easements act : all licenses necessary for the enjoyment of any interest, or the exercise of any right, are implied in the constitution of such interest or right. such licenses are called accessory licenses. illustration a sells the trees growing on his land to b. b is entitled to go on the land and take away the trees.

section 62. of the indian easements act : a license is deemed to be revoked a when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the license b when the licensee releases it, expressly or impliedly, to the grantor or his representative c where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or nonperformance of a specified act, and the period expires, or the condition is fulfilled d where the property affected by the license is destroyed or by superior force so permanently altered that the licensee can not longer exercise his right e where the licensee becomes entitled to the absolute ownership of the property affected by the license f where the license is granted for a specified purpose and the purpose is attained, or abandoned, or becomes impracticable g where the license is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist h where the license totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee i in the case of an accessory license, when the interest or right to which it is accessory ceases to exist.

section 57. of the indian easements act : the grantor of a license is bound to disclose to the licensee any defect in the property affected by the license, likely to be dangerous to the person or property of the licensee, of which the grantor is, and the licensee is not, aware.

section 63. of the indian easements act : where a license is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property.

section 64. of the indian easements act : where a license has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the license, the right for which he contracted, he is entitled to recover compensation from the grantor.

section 58. of the indian easements act : the grantor of a license is bound not to do anything likely to render the property affected by the license dangerous to the person or property of the licensee.

section 59. of the indian easements act : when the grantor of the license transfers the property affected thereby, the transferee is not as such bound by the license.

section 61. of the indian easements act : the revocation of a license may be express or implied. illustration a a, the owner of a field, grants a license to b to use a path across it. a, with intent to revoke the license, locks a gate across the path. the license is revoked.br b a, the owner of a field, grants a license to b to stack hay on the field. a lets or sells the field to c. the license is revoked.

section 1. of the judicial officers protection act : no judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: provided that he at the time, in good faith, believed himself to have jurisdiction to do or order the act complained of and no officer of any court or other person, bound to execute the lawful warrants or orders of any such judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.1 state amendment karnataka amendment of central act xviii of .section 1 of the judicial officers protection act, central act xviii of shall be renumbered as section 1a and before the section 1 a as so renumbered, the following section shall be inserted, namely: 1. short title and extent.1 this act may be called the judicial officers protection act, . 2 it extends to the whole of the state of karnataka. vide karnataka act 33 of , s.3. 1. as to procedure for instituting criminal prosecution against judges and public servants, see the code of criminal procedure, act 2 of , s. 197.

section 6. of the mines and minerals development and regulation act : 11 no person shall acquire 2 in respect of any mineral or prescribed group of associated minerals 3in a state a one or more prospecting licences covering a total area of more than twentyfive square kilometres or 4aa one or more reconnaissance permit covering a total area often thousand square kilometres: provided that the area granted under a single reconnaissance permit shall not exceed five thousand square kilometers or b one or more mining leases covering a total area of more than ten square kilometres: 5provided that if the central government is of the opinion that in the interest of the development of any mineral or industry, it is necessary so to do, it may, for reasons to be recorded in writing, increase the aforesaid area limits in respect of prospecting licence or mining lease, in so far as it pertains to any particular mineral, or to any specified category of deposits of such mineral, or to any particular mineral located in any particular area. 6c any reconnaissance permit, mining lease or prospecting licence in respect of any area which is not compact or contiguous: provided that if the state government is of opinion that in the interests of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire a 7mineral concession in relation to any area which is not compact or contiguous. 2 for the purposes of this section, a person acquiring by, or in the name of, another person a 7mineral concession which is intended for himself shall be deemed to be acquiring it himself. 83 for the purposes of determining the total area referred to in subsection 1, the area held under a 7mineral concession by a person as a member of a cooperative society, company or other corporation or a hindu undivided family or a partner of a firm, shall be deducted from the area referred to in subsection 1 so that the sum total of the area held by such person, under a 7mineral concession, whether as such member or partner, or individually, may not, in any case, exceed the total area specified in subsection 1. 1. subs. by act 56 of , s. 3, for subsection 1 w.e.f. . 2. the words in any one state omitted by act 37 of , s. 5 w.e.f. . 3. ins. by act 38 of , s. 8 w.e.f. . 4. ins. by act 38 of , s. 8 w.e.f. . 5. subs. by act 10 of , s. 6, for the proviso w.e.f. . 6. subs. by act 38 of , s. 8, for clause c w.e.f. . 7. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 8. ins. by act 56 of , s. 3 w.e.f. .

section 1. of the mines and minerals development and regulation act : show related subordinates 1this act may be called the mines and minerals 1 development and regulation act, . 2 it extends to the whole of india. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 3, ibid., for regulation and development w.e.f. . 2. 1st june, , vide notification no. g.s.r. 432, dated 29th may, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the mines and minerals development and regulation act : it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.

section 5. of the mines and minerals development and regulation act : 15. restrictions on the grant of prospecting licences or mining leases. 21 a state government shall not grant a 3mineral concession to any person unless such person a is an indian national, or company as defined in 4clause 20 of section 2 of the companies act, 18 of and b satisfies such conditions as may be prescribed: 5provided that in respect of any mineral specified in part a and part b of the first schedule, no reconnaissance permit, prospecting licence or mining lease shall be granted except with the previous approval of the central government. 6provided further that the previous approval of the central government shall not be required for grant of 3mineral concession in respect of the minerals specified in part a of the first schedule, where, i an allocation order has been issued by the central government under section 11a or ii a notification of reservation of area has been issued by the central government or the state government under subsection 1a or subsection 2 of section 17a or iii a vesting order or an allotment order has been issued by the central government under the provisions of the coal mines special provisions act, 11 of . explanation.for the purposes of this subsection, a person shall be deemed to be an indian national, a in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of india and b in the case of an individual, only if he is a citizen of india. 7provided also that the composite licence or mining lease shall not be granted for an area to any person other than the government, government company or corporation, in respect of any minerals specified in part b of the first schedule where the grade of such mineral in such area is equal to or above such threshold value as may be notified by the central government. 2 no mining lease shall be granted by the state government unless it is satisfied that 8a there is evidence to show the existence of mineral contents in the area for which the application for a mining lease has been made in accordance with such parameters as may be prescribed for this purpose by the central government b there is a mining plan duly approved by the central government, or by the state government, in respect of such category of mines as may be specified by the central government, for the development of mineral deposits in the area concerned: 9provided that a mining lease may be granted upon the filing of a mining plan in accordance with a system established by the state government for preparation, certification, and monitoring of such plan, with the approval of the central government. 1. subs. by act 37 of , s. 4, for section 5 w.e.f. . 2. subs. by act 25 of , s. 3, for subsection 1 w.e.f. . 3. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 4. subs. by act 10 of , s. 5, for subsection 1 of section 3 of the companies act, 1 of w.e.f. . 5. subs. by s. 5, ibid., for the proviso w.e.f. . 6. ins. by act 2 of , s. 3 w.e.f. . 7. ins. by act 16 of , s. 6 w.e.f. . 8. subs. by act 10 of , s. 5, for clause a w.e.f. . 9. ins. by s. 5, ibid. w.e.f. .

section 7. of the mines and minerals development and regulation act : 17. periods for which prospecting licences may be granted or renewed.1 the period for which 2a reconnaissance permit or prospecting licence may be granted shall not exceed three years. 2 a prospecting licence shall, if the state government is satisfied that a longer period is required to enable the licensee to complete prospecting operations be renewed for such period or periods as that government may specify: provided that the total period for which a prospecting licence is granted does not exceed five years: provided further that no prospecting licence granted in respect of 3a mineral included in part a and part b to the first schedule shall be renewed except with the previous approval of the central government. 1. subs. by act 25 of , s. 4, for section 7 w.e.f. . 2. subs. by act 38 of , s. 9, for a prospecting licence w.e.f. . 3. subs. by s. 9, ibid., for a mineral included in w.e.f. .

section 4a. of the mines and minerals development and regulation act : 14a.termination of prospecting licences or mining leases.1 where the central government, after consultation with the state government, is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution, or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for conservation of mineral resources or for maintaining safety in the mines or for such other purposes, as the central government may deem fit, it may request the state government to make a premature termination of a prospecting licence or mining lease in respect of any mineral other than a minor mineral in any area or part thereof, and, on receipt of such request, the state government shall make an order making a premature termination of such prospecting licence or mining lease with respect to the area or any part thereof. 2 where the state government 2 is of opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structures or for such other purposes, as the state government may deem fit, it may, by an order, in respect of any minor mineral, make premature termination of prospecting licence or mining lease with respect to the area or any part thereof covered by such licence or lease. 3 3 no order making a premature termination of a prospecting licence or mining lease shall be, made except after giving the holder of the licence or lease a reasonable opportunity of being heard. 4 where the holder of a mining lease fails to undertake 4production and dispatch for a period of 5two years after the date of execution of the lease or having commenced 4production and dispatch, has discontinued the same for a period of 5two years, the lease shall lapse on the expiry of the period of 5two years from the date of execution of the lease or, as the case may be, discontinuance of the 5production and dispatch: 6provided that the state government may, on an application made by the holder of such lease before it lapses and on being satisfied that it shall not be possible for the holder of the lease to undertake production and dispatch or to continue such production and dispatch for reasons beyond his control, make anorder, within a period of three months from the date of receipt of such application,to extend the period of two years by a further period not exceeding one year andsuch extension shall not be granted for more than once during the entire periodof lease: provided further that such lease shall lapse on failure to undertake production and dispatch or having commenced the production and dispatch fails to continue the same before the end of such extended period. 1. subs. by act 37 of , s. 3, for section 4a w.e.f. . 2. the words ,after consultation with the central government, omitted by act 25 of , s. 2 w.e.f. . 3. proviso omitted by act 38 of , s. 6 w.e.f. . 4. subs. by act 16 of , s. 5, for mining operations w.e.f. . 5. subs. by act 25 of , s. 2, for one year w.e.f. . 6. the provisos first, second, third and fourth subs. by act 16 of , s. 5 w.e.f. .

section 4. of the mines and minerals development and regulation act : 1 1no person shall undertake any reconnaissance, prospecting or mining operations in any area, except under and in accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as the case may be, of a mining lease, granted under this act and the rules made thereunder: provided that nothing in this subsection shall affect any prospecting or mining operations undertaken in any area in accordance with terms and conditions of a prospecting licence or mining lease granted before the commencement of this act which is in force at such commencement: 2provided further that nothing in this subsection shall apply to any prospecting operations undertaken by the geological survey of india, the indian bureau of mines, 3the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government by whatever name called, and the mineral exploration corporation limited., a government company within the meaning of 4clause 45 of section 2 of the companies act, 18 of , and any 5other entities including private entities that may be notified for this purpose, subject to such conditions as may be specified by the central government: 6provided also that nothing in this subsection shall apply to any mining lease whether called mining lease mining concession or by any other name in force immediately before the commencement of this act in the union territory of goa, daman and diu. 71a no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this act and the rules made thereunder. 2 8no 9mineral concession shall be granted otherwise than in accordance with the provisions of this act and the rules made thereunder. 83any state government may, after prior consultation with the central government and in accordance with the rule made under section 18, 10undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the first schedule in any area within that state which is not already held under any 11mineral concession. 1. subs. by act 38 of , s. 5, for certain words w.e.f. . 2. ins. by act 37 of , s. 2 w.e.f. . 3. subs. by act 38 of , s. 5, for the atomic minerals division w.e.f. . 4. subs. by act 10 of , s. 3, for section 617 of the companies act, 1 of w.e.f. . 5. subs. by act 16 of , s. 4, for certain words w.e.f. . 6. ins. by act 16 of , s. 14 w.e.f. . 7. ins. by act 38 of , s. 5 w.e.f. . 8. subs. by s. 5, ibid., no prospecting licence or mining lease w.e.f. . 9. subs. by act 16 of , s. 2, for reconnaissance permit, prospecting licence or mining lease w.e.f. . 10. subs. by act 38 of , s. 5, for certain words w.e.f. . 11. subs. by act 16 of , s. 5, for mining operations w.e.f. .

section 8. of the mines and minerals development and regulation act : 18. periods for which mining leases may be granted or renewed.1 the provisions of this section shall apply to minerals specified in part a of the first schedule. 2 the maximum period for which a mining lease may be granted shall not exceed thirty years: provided that the minimum period for which any such mining lease may be granted shall not be less than twenty years. 3 a mining lease may be renewed for a period not exceeding twenty years with the previous approval of the central government. 24 notwithstanding anything contained in this section, in case of government companies or corporations, the period of mining leases including the existing mining leases, shall be such as may be prescribed by the central government: provided that the period of mining leases, other than the mining leases grantedthrough auction, shall be extended on payment of such additional amount as specified in the fifth schedule: provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein in the said schedule with effect from such date as may be specified in the said notification. 5 any lessee may, where coal or lignite is used for captive purpose, sell suchcoal or lignite up to fifty per cent. of the total coal or lignite produced in a year aftermeeting the requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule: provided that the central government may, by notification in the official gazette and for the reasons to be recorded in writing, increase the said percentage of coal orlignite that may be sold by a government company or corporation: provided further that the sale of coal shall not be allowed from the coal mines allotted to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff including ultra mega power projects: provided also that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as tomodify the entries mentioned therein with effect from such date as may be specified inthe said notification. 1. subs. by act 10 of , s. 7, for section 8 w.e.f. . 2. ins. by act 16 of , s. 7 w.e.f. .

section 4b. of the mines and minerals development and regulation act : 14b. conditions for efficiency in production notwithstanding anything contained in section 4a, the central government may, in the interest of maintaining sustained production of minerals in the country, prescribe such conditions as may be necessary for commencement and continuation of production by the holders of mining leases who have acquired rights, approvals, clearances and the like under section 8b. 1. ins. by act 2 of , s. 2 w.e.f. .

section 3. of the mines and minerals development and regulation act : in this act, unless the context otherwise requires, 1a composite licence means the prospecting licencecummining lease which is a two stage concession granted for the purpose of undertaking prospecting operations followed by mining operations in a seamless manner aa dispatch means the removal of minerals or mineral products from the leased area and includes the consumption of minerals and mineral products within such leased area ab government company shall have the same meaning as assigned to it in clause 45 of section 2 of the companies act, 18 of ac leased area means the area specified in the mining lease within which the mining operations can be undertaken and includes the non mineralized area required and approved for the activities falling under the definition of mine as referred to in clause i ad minerals includes all minerals except minerals oils ae minerals concession means either a reconnaissance permit, prospecting licence, minig lease, composite licence or a combination of any of these and the expression concession shall be construed accordingly b mineral oils includes natural gas and petroleum c mining lease means a lease granted for the purpose of undertaking mining operations, and includes a sublease granted for such purpose d mining operations means any operations undertaken for the purpose of winning any mineral e minor minerals means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the central government may, by notification in the official gazette, declare to be a minor mineral 2ea notified minerals means any mineral specified in the fourth schedule f prescribed means prescribed by rules made under this act 3fa production or any derivative of the word production means the winning or raising of mineral within the leased area for the purpose of processing or dispatch g prospecting licence means a licence granted for the purpose of undertaking prospecting operations 4 h prospecting operations means any operations undertaken for the purpose of exploring, locating or proving mineral deposit 5 6ha reconnaissance operations means any operations undertaken for preliminary prospecting of a mineral through regional, aerial, geophysical or geochemical surveys and geological mapping, but does not include pitting, trenching, drilling except drilling of boreholes on a grid specified from time to time by the central government or subsurface excavation hb reconnaissance permit means a permit granted for the purpose of undertaking reconnaissance operations 7 3hba schedule means the schedules appended to the act 8hc special court means a court of session designated as special court under subsection 1 of section 30b and i the expressions, mine and owner, have the meaning assigned to them in the mines act, 35 of . 3explanation.for the purpose of this clause, i a mine continues to be a mine till exhaustion of its mineable mineral reserve and a mine may have different owners during different times from the grant of first mining lease till exhaustion of such mineable mineral reserve ii the expression mineral reserve means the economically minearble part of a measured and indicated mineral resource. 1. subs. by act 16 of , s. 3, for clause a and aa w.e.f. . 2. ins. by act 10 of , s. 2 w.e.f. . 3. ins. by act 16 of , s. 3 w.e.f. . 4. clause ga omitted by act 16 of , s. 3 w.e.f. . 5. the word and omitted by act 10 of , s. 2 w.e.f. . 6. ins. by act 38 of , s. 4 w.e.f. . 7. the word and omitted by act 10 of , s. 2 w.e.f. . 8. ins. by s. 2, ibid. w.e.f. .

section 9. of the mines and minerals development and regulation act : 1 the holder of a mining lease granted before the commencement of this act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any 1mineral removed or consumed by him or by his agent, manager, employee, contractor or sublessee from the leased area after such commencement, at the rate for the time being specified in the second schedule in respect of that mineral. 2the holder of a mining lease granted on or after the commencement of this act shall pay royalty in respect of any 1mineral removed or consumed by him or by his agent, manager, employee, contractor or sublessee from the leased area at the rate for the time being specified in the second schedule in respect of that mineral. 22a the holder of a mining lease, whether granted before or after the commencement of the mines and minerals regulation and development amendment act, 56 of shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed onethird of a tonne per month. 3the central government may, by notification in the official gazette, amend the second schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: 3provided that the central government shall not enhance the rate of royalty in respect of any mineral more than once during any period of 4three years. 1. subs. by act 56 of , s. 4, for mineral removed by him w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3. subs. by s. 4, ibid., for the proviso w.e.f. . 4. subs. by act 37 of , s. 8, for four years w.e.f. .

section 9a. of the mines and minerals development and regulation act : 19a. dead rent to be paid by the lessee.1 the holder of a mining lease, whether granted before or after the commencement of the mines and minerals regulation and development amendment act, , shall notwithstanding anything contained in the instrument of lease or in any other law for the lime being in force, pay to the state government, every year, dead rent at such rate, as may be specified, for the time being, in the third schedule, for all the areas included in the instrument of lease: provided that where the holder of such mining lease becomes liable, under section 9, to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sublessee from the leased area, he shall be liable to pay either such royalty, or the dead rent in respect of that area, whichever is greater. 2 the central government may, by notification in the official gazette, amend the third schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction shall take effect from such date as may be specified in the notification: provided that the central government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of2three years. 1. ins. by act 56 of , s. 5 w.e.f. . 2. subs. by act 37 of , s. 9, for four years w.e.f. .

section 9c. of the mines and minerals development and regulation act : show related subordinates 19c. national mineral exploration trust.1 the central government shall, by notification, establish a trust, as a 2nonprofit autonomous body, to be called the national mineral exploration trust. 2 the object of the trust shall be to use the funds accrued to the trust for the purposes of regional and detailed exploration in such manner as may be prescribed by the central government. 3 the composition and functions of the trust shall be such as may be prescribed by the central government. 4 the holder of a mining lease or a3mineral concession shall pay to the trust, a sum equivalent to two per cent. of the royalty paid in terms of the second schedule, in such manner as may be prescribed by the central government. 45 the entities specified and notified under subsection 1 of section 4 shall be eligible for funding under the national mineral exploration trust. 1. ins. by act 10 of , s. 9 w.e.f. . 2. subs. by s. 11, ibid., for nonprofit body w.e.f. . 3. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 4. ins. by act 16 of , s. 11 w.e.f. .

section 10. of the mines and minerals development and regulation act : 1 an application for 2a 1mineral concession in respect of any land in which the minerals vest in the government shall be made to the state government concerned in the prescribed form and shall be accompanied by the prescribed fee. 2 where an application is received under subsection 1, there shall be sent to the applicant an acknowledgment of its receipt within the prescribed time and in the prescribed form. 3 on receipt of an application under this section, the state government may, having regard to the provisions of this act and any rules made thereunder, grant or refuse to grant the 3permit, licence or lease. 44 notwithstanding anything contained in this section, no person shall be eligible to make an application under this section unless a he has been selected in accordance with the procedure specified under sections 10b, 11, 11a or the rules made under section 11b b he has been selected under the coal mines special provisions act, 11 of or c an area has been reserved in his favour under section 17a. 1. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 2. subs. by act 38 of , s. 11, for a prospecting licence or a mining lease w.e.f. . 3. subs. by s. 11, ibid., for licence or lease w.e.f. . 4. ins. by act 16 of , s. 12 w.e.f. .

section 8a. of the mines and minerals development and regulation act : 18a. period of grant of a mining lease for minerals other than coal, lignite and atomic minerals.1 the provisions of this section shall apply to minerals other than those specified in part a and part b of the first schedule. 2 on and from the date of the commencement of the mines and minerals development and regulation amendment act, 10 of , all mining leases shall be granted for the period of fifty years. 3 all mining leases granted before the commencement of the mines and minerals development and regulation amendment act, 10 of shall be deemed to have been granted for a period of fifty years. 4 on the expiry of the lease period, the lease shall be put up for auction as per the procedure specified in this act. 2provided that nothing contained in this section shall prevent the state governments from taking an advance action for auction of the mining lease before the expiry of the lease period. 5 notwithstanding anything contained in subsections 2, 3 and subsection 4, the period of lease granted before the date of commencement of the mines and minerals development and regulation amendment act, 10 of , where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st march, with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. 6 notwithstanding anything contained in subsections 2, 3 and subsection 4, the period of lease granted before the date of commencement of the mines and minerals development and regulation amendment act, 10 of , where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31st march, with effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with. 7 any holder of a lease granted, where mineral is used for captive purpose, shall have the right of first refusal at the time of auction held for such lease after the expiry of the lease period. 37a any lessee may, where mineral is used for captive purpose, sell mineral up to fifty per cent. of the total mineral produced in a year after meetingthe requirement of the end use plant linked with the mine in such manner as may be prescribed by the central government and on payment of such additional amount as specified in the sixth schedule: provided that the central government may, by notification in the officialgazette and for the reasonsto be recorded in writing, increase the said percentageof mineral that may be sold by a government company or corporation: provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the sixth schedule so as to modify the entries mentioned therein with effect from such date as may be specified in the said notification. 8 notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of government companies or corporations shall be such as may be prescribed by the central government. 3provided that the period of mining leases, other than the mining leases granted through auction,shall be extended on payment ofsuch additional amount as specified in the fifth schedule: provided further that the central government may, by notification in the official gazette and for reasons to be recorded in writing, amend the fifth schedule so as to modify the entries mentioned therein with effect from such date as maybe specified in the said notification. explanation.for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been extended after the commencement of the mines and minerals development and regulation amendment act, 10 of , shall also pay such additional amount as specified in the fifth schedule for the mineral produced after the commencement of the mines and minerals development and regulation amendment act, . 9 the provisions of this section, notwithstanding anything contained therein, shall not apply to a mining lease granted before the date of commencement of the mines and minerals development and regulation amendment act, 10 of , for which renewal has been rejected, or which has been determined, or lapsed. 1. ins. by act 10 of , s. 8 w.e.f. . 2. ins. by act 2 of , s. 4 w.e.f. . 3. ins. by act 16 of , s. 8 w.e.f. .

section 8b. of the mines and minerals development and regulation act : 18b. provisions for period and transfer of statutory clearances.1 notwithstanding anything contained in this act or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like grantedto a lessee in respect of a mine other than those granted under the provisions of theatomic energy act, 33 of and the rules made thereunder shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested subject to the conditions provided under such laws in the successful bidder of the mining lease selected through auction under this act: provided that where on the expiry of such lease period, mining lease has not been executed pursuant to an auction under provisions of subsection 4 of section 8a, or lease executed pursuant to such auction has been terminated within a period of one year from such auction, the state government may, with the previous approval of the central government, grant lease to a government company or corporation for a period not exceeding ten years or till selection of new lessee throughauction, whichever is earlier and such government company or corporation shall be deemed to have acquired all valid rights, approvals, clearances, licences and the likevested with the previous lessee: provided further that the provisions of subsection 1 of section 6 shall not apply where such mining lease is granted to a government company or corporation under the first proviso: provided also that in case of atomic minerals having grade equal to or above the threshold value, all valid rights, approvals, clearances, licences and the like in respect of expired or terminated mining leases shall be deemed to have been transferred to, and vested in the government company or corporation that has been subsequently granted the mining lease for the said mine. 2 notwithstanding anything contained in any other law for the time being inforce, it shall be lawful for the new lessee to continue mining operations on the land till expiry or termination of mining lease granted to it, in which mining operations were being carried out by the previous lessee. 1. ins. by act 16 of , s. 9 w.e.f. .

section 10a. of the mines and minerals development and regulation act : show related subordinates 110a. rights of existing concession holders and applicants.1 all applications received prior to the date of commencement of the mines and minerals development and regulation amendment act, , shall become ineligible. 2 without prejudice to subsection 1, the following shall remain eligible on and from the date of commencement of the mines and minerals development and regulation amendment act, : a applications received under section 11a of this act b where before the commencement of the mines and minerals development and regulation amendment act, a reconnaissance permit or prospecting licence has been granted in respect of any land for any mineral, the permit holder or the licensee shall have a right for obtaining a prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of that mineral in that land, if the state government is satisfied that the permit holder or the licensee, as the case may be, i has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish the existence of mineral contents in such land in accordance with such parameters as may be prescribed by the central government ii has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence iii has not become ineligible under the provisions of this act and iv has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such further period not exceeding six months as may be extended by the state government 2provided that for the cases covered under this clause including the pending cases, the right to obtain a prospecting licence followed by a mining lease or a mining lease, as the case may be, shall lapse on the date of commencement of the mines and minerals development and regulation amendmentact, : provided further that the holder of a reconnaissance permit or prospecting licence whose rights lapsed under the first proviso, shall be reimbursed the expenditure incurred towards reconnaissance or prospecting operations in such manner as may be prescribed by the central government. c where the central government has communicated previous approval as required under subsection 1 of section 5 for grant of a mining lease, or if a letter of intent by whatever name called has been issued by the state government to grant a mining lease, before the commencement of the mines and minerals development and regulation amendment act, , the mining lease shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of intent within a period of two years from the date of commencement of the said act: provided that in respect of any mineral specified in the first schedule, no prospecting licence or mining lease shall be granted under clause b of this subsection except with the previous approval of the central government. 2d in cases where right to obtain licence or lease has lapsed under, clauses b and c, such areas shall be put up for auction as per the provisions of this act. provided that in respect of the minerals specified in part b of the first schedule where the grade of atomic mineral is equal to or greater than the thresholdvalue, the mineral concession for such areas shall be granted in accordance with the rules made under section 11b. 1. ins. by act 10 of , s. 10 w.e.f. . 2. ins. by act 16 of , s. 13 w.e.f. .

section 9b. of the mines and minerals development and regulation act : show related subordinates 19b. district mineral foundation.1 in any district affected by mining related operations, the state government shall, by notification, establish a trust, as a nonprofit body, to be called the district mineral foundation. 2 the object of the district mineral foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the state government. 3 the composition and functions of the district mineral foundation shall be such as may be prescribed by the state government. 2provided that the central government may give directions regarding composition and utilisation of fund by the district mineral foundation. 4 the state government while making rules under subsections 2 and 3 shall be guided by the provisions contained in article 244 read with fifth and sixth schedules to the constitution relating to administration of the scheduled areas and tribal areas and the provisions of the panchayats extension to the scheduled areas act, 40 of and the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2 of . 5 the holder of a mining lease or a 3composite licence granted on or after the date of commencement of the mines and minerals development and regulation amendment act, ,other than those covered under the provisions of subsection 2 of section 10a, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the second schedule, not exceeding onethird of such royalty, as may be prescribed by the central government. 6 the holder of a mining lease granted before the date of commencement of the mines and minerals development and regulation amendment act, other than those covered under the provisions of subsection 2 of section 10a, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the second schedule in such manner and subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the central government. 1. ins. by act 10 of , s. 9 w.e.f. . 2. ins. by act 16 of , s. 10 w.e.f. . 3. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 4. ins. by s. 10, ibid. w.e.f. . 5. ins. by act 16 of , s. 10 w.e.f. .

section 10b. of the mines and minerals development and regulation act : show related subordinates 110b. grant of mining lease in respect of notified minerals through auction. 21 the provisions of this section shall not apply to the, a cases falling under section 17a b minerals specified in part aof the first schedule c minerals specified in part b of the first schedule where the gradeof atomic mineral is equal to or greater than such threshold value as maybe notified by the central government from time to time or d land in respect of which the minerals do not vest in the government. 2 where there is inadequate evidence to show the existence of mineral contents of any notified mineral in respect of any area, a state government may, after obtaining the previous approval of the central government, grant a 3composite licence for the said notified mineral in such area in accordance with the procedure laid down in section 11. 3 in areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the central government, the state government shall notify such areas for grant of mining leases for such notified mineral, the terms and conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government. 4provided that where the state government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral whether notified mineral or otherwise, the central government mayrequire the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of mining lease after the expiry of the period so specified. 4 for the purpose of granting a mining lease in respect of any notified mineral in such notified area, the state government shall select, through auction by a method of competitive bidding, including eauction, an applicant who fulfils the eligibility conditions as specified in this act. 4provided that a where the state government has not successfully completed auction for the purpose of granting a mining lease in respect of any mineral whether notified mineral or otherwise in such notified area or b upon completion of such auction, the mining lease or letter of intent for grant of mining lease has been terminated or lapsed for any reason whatsoever, the central government may require the state government to conduct and complete the auction or reauction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where such auction or reauction process is not completed within such period, the centralgovernment may conduct auction for grant of mining lease for such area afterthe expiry of the period so specified: provided further that upon successful completion of the auction, the central government shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant mining lease for sucharea to such preferred bidder in such manner as may be prescribed by the centralgovernment. 5 the central government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them. 6 without prejudice to the generality of subsection 5, the central government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a state or states, subject to which the auction shall be conducted: 5provided that no mine shall be reserved for captive purpose in the auction. 7 the state government shall grant a mining lease to an applicant selected in accordance with the procedure laid down in this section in respect of such notified mineral in any notified area. 1. ins. by act 10 of , s. 10 w.e.f. . 2. subs. by act 16 of , s. 14, for subsection 1 w.e.f. . 3. subs. by s. 2, ibid., for prospecting licencecummining lease w.e.f. . 4. ins. by s. 14, ibid. w.e.f. . 5. subs. by act 16 of , s. 14, for the proviso w.e.f. .

section 10c. of the mines and minerals development and regulation act : 10c. grant of nonexclusive reconnaissance permits. omitted by the mines and minerals development and regulation amendment act, , s. 16 w.e.f. .

section 12a. of the mines and minerals development and regulation act : 112a. transfer of mineral concessions.1 the provisions of this section shall not apply to minerals specified in part a or part b of the first schedule. 2 a holder of a mining lease or a 2composite licence granted in accordance with the procedure laid down in 3this act may, with the previous approval of the state government, transfer his mining lease or 2composite licence, as the case may be, in such manner as may be prescribed by the central government, to any person eligible to hold such mining lease or 2composite licence in accordance with the provisions of this act and the rules made thereunder. 4provided that the transferee of mining lease shall not be required to pay the amount or transfer charges referred to in subsection 6, as itstood prior to the commencement of the mines and minerals development and regulation amendment act, , after such commencement but no refund shall be made of the charges already paid. 3 if the state government does not convey its previous approval for transfer of such mining lease or 2composite licence, as the case may be, within a period of ninety days from the date of receiving such notice, it shall be construed that the state government has no objection to such transfer: provided that the holder of the original mining lease or 2composite licence shall intimate to the state government the consideration payable by the successorininterest for the transfer, including the consideration in respect of the prospecting operations already undertaken and the reports and data generated during the operations. 4 no such transfer of a mining lease or 2composite licence, referred to in subsection 2, shall take place if the state government, within the notice period and for reasons to be communicated in writing, disapproves the transfer on the ground that the transferee is not eligible as per the provisions of this act: provided that no such transfer of a mining lease or of a 2composite licence, shall be made in contravention of any condition subject to which the mining lease or the 2composite licence was granted. 5 all transfers effected under this section shall be subject to the condition that the transferee has accepted all the conditions and liabilities under any law for the time being in force which the transferor was subject to in respect of such a mining lease or 2composite licence, as the case may be. 5 6provided that where a mining lease has been granted otherwise than through auction ad where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or such amount or transfer charges as may be prescribed. explanation.for the purposes of this proviso, the expression used for captive purpose shall mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee. 1. ins. by act 10 of , s. 13 w.e.f. . 2. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 3. subs. by s. 17, ibid., for section 10b or section 11 w.e.f. . 4. ins. by s. 17, ibid. w.e.f. . 5. subsection 6 omitted by s. 17, ibid. w.e.f. . 6. ins. by act 25 of , s. 3 w.e.f. .

section 11. of the mines and minerals development and regulation act : 111. grant of 2composite licence through auction in respect of minerals other than notified minerals. 31 the provisions of this section shall not apply to the, a cases falling under section 17a b minerals specified in part aof the first schedule c minerals specified in part b of the first schedule where the gradeof atomic mineral is equal to or greater than such threshold value as maybe notified by the central government from time to time or d land in respect of which the minerals do not vest in the government. 2 in areas where there is evidence to show the existence of mineral contents as required by clause a of subsection 2 of section 5, the state government shall grant a mining lease for minerals other than notified minerals following the procedure laid down in section 10b. 3 in areas where there is inadequate evidence to show the existence of mineral contents as required under clause a of subsection 2 of section 5, the state government shall grant a 2composite licence for minerals other than notified minerals in accordance with the procedure laid down in this section. 4 the state government shall notify the areas in which 2composite licence shall be granted for any minerals other than notified minerals, the terms and conditions subject to which such 2composite licence shall be granted, and any other relevant conditions, in such manner as may be prescribed by the central government. 4provided that where the state government has not notified such area for grant of mining lease after establishment of existence of mineral contents of any mineral whether notified mineral or otherwise, the central government mayrequire the state government to notify such area within a period to be fixed in consultation with the state government and in cases where the notification is not issued within such period, the central government may notify such area for grant of mining lease after the expiry of the period so specified. 5 for the purpose of granting 2composite licence, the state government shall select, through auction by method of competitive bidding, including eauction, an applicant who fulfils the eligibility conditions as specified in this act. 4provided that a where the state government has not successfully completed auction for the purpose of granting a composite licence in respect of anymineral whether notified mineral or otherwise in such notified area or b upon completion ofsuch auction, the composite licence or letterof intent for grant of composite licence has been terminated or lapsed for any reason whatsoever, the central government may require the state government to conduct and complete the auction or reauction process, as the case may be, within a period to be fixed in consultation with the state government and in cases where suchauction or reauction process is not completed within such period, the central government may conduct auction for grant of composite licence for such area after the expiry of the period so specified: provided further that upon successful completion of the auction, the centralgovernment shall intimate the details of the preferred bidder in the auction to the state government and the state government shall grant composite licence for such area to such preferred bidder in such manner as may be prescribed by the central government. 6 the central government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them. 7 without prejudice to the generality of subsection 6, the central government shall, if it is of the opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and area of mineral deposits and a state or states, subject to which the auction shall be conducted. 8 the state government shall grant a 5composite licence to an applicant selected in accordance with the procedure laid down in this section. 9 the holder of a 5composite licence shall be required to complete, within the period laid down in section 7, the prospecting operations satisfactorily as specified in the notice inviting applications. 610 on completion of the prospecting operations, the holder of the composite licence shall submit the result of the prospecting operations in the form of a geological report to the state government specifying the area required for mining lease and the state government shall grant mining lease for such area, to the holder of the composite licence in such manner as may be prescribed by the central government. 1. subs. by act 10 of , s. 11, for section 11 w.e.f. . 2. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 3. subs. by s. 16, ibid., for subsection 1 w.e.f. . 4. ins. by s. 16, ibid. w.e.f. . 5. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 6. subs. by act 16 of , s. 16, for subsection 10 w.e.f. .

section 11a. of the mines and minerals development and regulation act : show related subordinates 211a. granting of 1mineral concession 3or 4composite licence in respect of coal or lignite.1 notwithstanding anything contained in this act, the central government may, for the purpose of granting 1mineral concession 5or 4composite licence in respect of coal or lignite select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed, namely: a a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, or any other company incorporated in india or b a company or a joint venture company formed by two or more companies, 6to carry on coal or lignite reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the central government 7provided that the auction by competitive bidding under this section shall not be applicable to coal or lignite a where such area is considered for allotment to a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be, for own consumption, sale or for any other purpose as may be determined by the central government b where such area is considered for allotment to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff including ultra mega power projects 2 the central government may, with a view to rationalise coal and lignite mines referred to in subsection 1, so as to ensure the coordinated and scientific development and utilisation of resources consistent with the growing requirements of the country, from time to time, prescribe i the details of mines and their location ii the minimum size of such mines iii such other conditions, which in the opinion of that government may be necessary for the purpose of mining operations or mining for sale by a company. 3 the state government shall grant such 8mineral concession 9or 10composite licence in respect of any area containing coal or lignite to such company as selected through auction by 11competitive bidding or through allotment under this section: provided that the auction by competitive bidding under this section shall not be applicable to an area containing coal or lignite a where such area is considered for allocation to a government company or corporation or a joint venture company formed by such company or corporation or between the central government or the state government, as the case may be b where such area is considered for allocation to a company or corporation or that has been awarded a power project on the basis of competitive bids for tariff including ultra mega power projects. explanation.for the purposes of this section, company means a company as defined in clause 20 of section 2 of the companies act, 18 of . 1. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 2. subs. by act 11 of , s. 28 and the fourth schedule, for section 11a w.e.f. . 3. ins. by act 2 of , s. 7 w.e.f. . 4. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 5. subs. by act 2 of , s. 7, for in respect of any area containing coal or lignite w.e.f. . 6. subs. by act 2 of , s. 7, for the long line w.e.f. . 7. ins. by s. 7, ibid. w.e.f. . 8. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 9. ins. by act 2 of , s. 7 w.e.f. . 10.subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 11. subs. by s. 7, ibid., for competitive bidding or otherwise w.e.f. .

section 12. of the mines and minerals development and regulation act : 1 the state government shall cause to be maintained in the prescribed form a a register of applications for prospecting licences b a register of prospecting licensees 1c a register of applications for mining leases d a register of mining lessees e a register of applications for reconnaissance permits and f a register of reconnaissance permits, in each of which shall be entered such particulars as may be prescribed. 2 every such register shall be open to inspection by any person on payment of such fee as the state government may fix. 1. subs. by act 38 of , s. 13, for clauses c and d w.e.f. .

section 13. of the mines and minerals development and regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for regulating the grant of 1mineral concession in respect of minerals and for purposes connected therewith. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the person by whom, and the manner in which, applications for 2mineral concession in respect of land in which the minerals vest in the government may be made and the fees to be paid therefor 3aa the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4b ab the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to subsection 2 of section 8b ac the level of exploration in respect of deep seated minerals or such minerals and the procedure, including the bidding parameters for selection of the holders under the proviso to subsection 2 of section 10c b the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent c the matters which may be considered where applications in respect of the same land are received on the same day 4d the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite da the regulation of grant of 5mineral concession or 6composite licence in respect of coal or lignite db the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations dc utilisation of coal or lignite including mining for sale by a company e the authority by which 5mineral concession in respect of land in which the minerals vest in the government may be granted f the procedure for obtaining 7a 5mineral concession in respect of any land in which the minerals vest in a person other than the government and the terms on which, and the conditions subject to which, such 8a permit, licence or lease may be granted or renewed g the terms on which, and the conditions subject to which, may other 5mineral concession may be granted or renewed h the facilities to be afforded by holders of mining leases to persons deputed by the government for the purpose of undertaking research or training in matters relating to mining operations 9i the fixing and collection of fees for 5mineral concession surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable j the manner in which rights of third parties may be protected whether by payment of compensation or otherwise in cases where any such party may be prejudicially affected by reason of any 5mineral concession 10jj parameters of existence of mineral contents under clause a of subsection 2 of section 5 k the grouping of associated minerals for the purposes of section 6 l the manner in which, and the conditions subject to which, 11a 5mineral concession may be transferred m the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease n the form of registers to be maintained under this act 12 p the reports and statements to be submitted by holders of 5mineral concession or owners of mines and the authority to which such reports and statements shall be submitted q the period within which applications for revision of any order passed by a state government or other authority in exercise of any power conferred by or under this act, may be made 9 the fees to be paid therefore and the documents which shall accompany such applications and the manner in which such applications shall be disposed of and 13qq the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the central government whether by way of reimbursement of the cost of rehabilitation or otherwise by the person holding the prospecting licence or mining lease 14 15qqa the amount of payment to be made to the district mineral foundation under subsections 5 and 6 of section 9b qqb the manner of usage of funds accrued to the national mineral exploration trust under subsection 2 of section 9c qqc the composition and functions of the national mineral exploration trust under subsection 3 of section 9c qqd the manner of payment of amount to the national mineral exploration trust under subsection 4 of section 9c qqe the terms and conditions subject to which mining leases shall be granted under subsection 3 of section 10b qqf the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under subsection 5 of section 10b qqg the time limits for various stages in processing applications for grant of mining lease or 16composite licence under sections 10b, 11, 11a, 11b, and section 17a, and their renewals 17 qqi the terms and conditions for grant of 18composite licence under subsection 4 of section 11 qqj the terms and conditions, and procedure, including the bidding parameters for the selection under subsection 6 of section 11 18qqja the terms and conditions and amount or transfer charges under the proviso to subsection 6 of section 12a 20 21r the period of mining lease under subsection 4 of section 8 s the manner of sale of mineral by the holder of a mining lease under subsection 5 of section 8 t themanner ofsale of mineral undersubsection 7a ofsection 8a u the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause b of subsection 2 of section 10a v the manner of granting mining lease to the preferred bidder underthe second proviso to subsection 4 of section 10b w the manner of granting composite licence to the preferred bidder under the second proviso to subsection 5 of section 11 x the manner of granting mining lease by the state government to the holder of the composite licence under subsection 10 of section 11 y any other matter which is to be, or may be prescribed, under thisact. 1. subs. by act 16 of , s. 18, for prospecting licences and mining leases w.e.f. . 2. subs. by act 16 of , s. 18, for reconnaissance permits, prospecting licences and mining leases w.e.f. . 3. ins. by act 2 of , s. 8 w.e.f. . 4. subs. by act 2 of , s. 8, for clause d w.e.f. . 5. subs. by act 16 of , s. 2, for reconnaissance permit, prospecting licence or mining lease w.e.f. . 6. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 7. subs. by act 38 of , s. 14, for a prospecting licence or a mining lease w.e.f. . 8. subs. by s. 14, ibid., for a licence or lease w.e.f. . 9. subs. by act 37 of , s. 11, for clause i w.e.f. . 10. ins. by act 10 of , s. 14 w.e.f. . 11. subs. by act 38 of , s.14, for a prospecting licence or a mining lease w.e.f. . 12. omitted by act 37 of , s. 11 w.e.f. . 13. ins. by act 37 of , s. 11 w.e.f. . 14. ins. by act 37 of , s. 11 w.e.f. . 15. the word and omitted by act 10 of , s. 14 w.e.f. . 16. ins. by s. 14, ibid. w.e.f. . 17. subs. by act 16 of , s. 2, for prospecting licencecummining lease w.e.f. . 18. clause qqh omitted by s. 18, ibid. w.e.f. . 19. ins. by act 25 of , s. 4 w.e.f. . 20. clause qqk omitted by act 16 of , s. 18 w.e.f. . 21. subs. by act 16 of , s. 18, for clause r w.e.f. .

section 15a. of the mines and minerals development and regulation act : 115a. power of state government to collect funds for district mineral foundation in case of minor minerals.the state government may prescribe the payment by all holders of concessions related to minor minerals of amounts to the district mineral foundation of the district in which the mining operations are carried on. 1. ins. by s. 16, ibid. w.e.f. .

section 11b. of the mines and minerals development and regulation act : show related subordinates 111b. power of central government to make rules for regulating atomic minerals specified under part b of first schedule.the central government may, by notification in the official gazette, make rules for regulating the grant of mining leases or other mineral concessions in respect of minerals specified in part b of the first schedule and for purposes connected therewith, and the state government shall grant a 2mineral concession in respect of any such mineral in accordance with such rules. 1. ins. by act 10 of , s. 12 w.e.f. . 2. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. .

section 11c. of the mines and minerals development and regulation act : 111c. power of central government to amend first schedule and fourth schedule.the central government may, by notification in the official gazette, amend the first schedule and the fourth schedule so as to add or delete any mineral as may be specified in the notification. 1. ins. by act 10 of , s. 12 w.e.f. .

section 13a. of the mines and minerals development and regulation act : 113a. power of central government to make rules for the grant of prospecting licences or mining leases in respect of territorial waters or continental shelf of india.1 the central government may, by notification in the official gazette, make rules for the grant of prospecting licences or mining leases in respect of any minerals underlying the ocean within the territorial waters or the continental shelf of india. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the conditions, limitations and restrictions subject to which such prospecting licences or mining leases may be granted b regulation of exploration and exploitation of minerals within the territorial waters or the continental shelf of india c ensuring that such exploration or exploitation does not interfere with navigation and d any other matter which is required to be, or may be, prescribed. 1. ins. by act 56 of , s. 6 w.e.f. .

section 17a. of the mines and minerals development and regulation act : 117a. reservation of areas for purposes of conservation.1 the central government, with a view to conserving any mineral and after consultation with the state government, may reserve any area not already held under any prospecting licence or mining lease and, where it proposes to do so, it shall, by notification in the official gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved. 21a the central government may in consultation with the state government, reserve any area not already held under any prospecting licence or mining lease, for undertaking prospecting or mining operations through a government company or corporation owned or controlled by it, and where it proposes to do so, it shall, by notification in the official gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved. 2 the state government may, with the approval of the central government, reserve any area not already held under any prospecting licence or mining lease, for undertaking prospecting or mining operations through a government company or corporation owned or controlled by it 3 and where it proposes to do so, it shall, by notification in the official gazette, specify the boundaries of such area and the mineral or minerals in respect of which such areas will be reserved. 42a where in exercise of the powers conferred by subsection 1a orsubsection 2, the central government or the state government, as the case may be, reserves any area for undertaking prospecting or mining operations or prospecting operations followed by mining operations, the state government shall grant prospecting licence, mining lease or composite licence, as the casemay be, in respect of such area to such government company or corporation within the period specified in this section: provided that in respect of any mineral specified in part b of the first schedule, the state government shall grant the prospecting licence, mining lease or composite licence, as the case may be, only after obtaining the previous approval of the central government. 2b where the government company or corporation is desirous of carrying out the prospecting operations or mining operations in a joint venture with other persons, the joint venture partner shall be selected through a competitive process, and such government company or corporation shall hold more than seventyfour per cent. of the paid up share capital in such joint venture. 2c a mining lease granted to a government company or corporation, or a joint venture, referred to in subsections 2a and 2b, shall be granted on payment of such amount as 5specified in the fifth schedule. 6provided that the central government may, by notification in the official gazette and for reasonsto be recorded in writing, amend the fifthschedule so as to modify the entries mentioned therein in the said schedulewith effect from such date as may be specified in the said notification. explanation.for the removal of doubts, it is hereby clarified that all such government companies or corporations whose mining lease has been granted after the commencement of the mines and minerals development and regulation amendment act, , shall also pay such additional amount asspecified in the fifth schedule for the mineral produced after the commencement of the mines and minerals development and regulationamendmentact, 10 of . 3 7where in exercise of the powers conferred by subsection 1a or subsection 2 the central government or the state government, as the case may be, undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this act if such prospecting or mining operations had been undertaken by a private person under prospecting licence or mining lease. 84 the reservation made under this section shall lapse in case no mining lease is granted within a period of five years from the date of such reservation: provided that where the period of five years from the date of reservation has expired before the date of commencement of the mines and minerals development and regulation amendment act, or expires within a period of one year from the date of commencement of the said act, the reservation shall lapse in case no mining lease is granted within a period of one year from the dateof commencement of the saidact: provided further that the state government may, on an application made by such government company or corporation or on its own motion, and on being satisfied that it shall not be possible to grant the mining lease within the said period, make an order with reasons in writing, within a period of three months from the date of receipt of such application, to relax such period by a further period not exceeding one year: provided also that where the government company or corporation in whose favour an area has been reserved under this section before the commencement of the mines and minerals development and regulation amendment act, 10 of , has commenced production from the reserved area without execution of mining lease, such government company or corporation shall be deemed to have become lessee of the state government from the date of commencement of mining operations and such deemed lease shall lapse upon execution of the mining lease in accordance with this subsection or expiry of period of one year from the date of commencement of the mines and minerals development and regulationamendmentact, , whicheveris earlier. 5 the termination or lapse of mining lease shall result in the lapse of the reservation under this section. 1. ins. by act 37 of , s. 14 w.e.f. .br 2. ins. by act 25 of , s. 7 w.e.f. .br 3. the words or by the central government omitted by s. 7, ibid. w.e.f. .br 4. subs. by act 16 of , s. 19, for subsection 2a w.e.f. .br 5. subs. by act 16 of , s. 19, for may be prescribed by the central government w.e.f. .br 6. ins. by s. 19, ibid. w.e.f. .br 7. subs. by act 25 of , s. 7, for where in exercise of the powers conferred by subsection 2 the state government w.e.f. .br 8. ins. by act 16 of , s. 19 w.e.f. .br

section 14. of the mines and minerals development and regulation act : 14. 2sections 5 to 13 not to apply to minor minerals.the provisions of 1sections 5 to 13 inclusive shall not apply to 3quarry leases, mining leases or other mineral concessions in respect of minor minerals. 1. ins. by act 56 of , s. 6 w.e.f. . 2. subs. by act 37 of , s. 12, for sections 4 to 13 w.e.f. . 3. subs. by act 56 of , s. 7, for prospecting licences and mining leases w.e.f. .

section 15. of the mines and minerals development and regulation act : 1 the state government may, by notification in the official gazette, make rules for, regulating the grant of 1quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. 21a in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor b the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent c the matters which may be considered where applications in respect of the same land are received within the same day d the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed e the procedure for obtaining quarry leases, mining leases or other mineral concessions f the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the government for the purpose of undertaking research or training in matters relating to mining operations g the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable h the manner in which rights of third parties may be protected whether by way of payment of compensation or otherwise in cases where any such party is prejudicially affected by reason of any prospecting or mining operations i the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operations shall be made in the same area or in any other area selected by the state government whether by way of reimbursement of the cost of rehabilitation or otherwise by the person holding the quarrying or mining lease j the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred k the construction, maintenance and use of roads power transmission lines, tramways, railways, serial rope ways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession l the form of registers to be maintained under this act m the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted n the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefore, and the powers of the revisional authority and o any other matter which is to be, or may be, prescribed. 2 until rules are made under subsection 1, any rules made by a state government regulating the grant of 3quarry leases, mining leases or other mineral concessions in respect of minor minerals which are in force immediately before the commencement of these act shall continue in force. 43 the holder of a mining lease or any other mineral concession granted under any rule made under subsection 1 shall pay 5royalty or dead rent, whichever is more in respect of minor minerals removed or consumed by him or by his agent, manager, employee, contractor or sublessee at the rate prescribed for the time being in the rules framed by the state government in respect of minor minerals: provided that the state government shall not enhance the rate of 6royalty or dead rent in respect of any minor mineral for more than once during any period of 7three years. 84 without prejudice to subsections 1, 2 and subsection 3, the state government may, by notification, make rules for regulating the provisions of this act for the following, namely: a the manner in which the district mineral foundation shall work for the interest and benefit of persons and areas affected by mining under subsection 2 of section 9b b the composition and functions of the district mineral foundation under subsection 3 of section 9b and c the amount of payment to be made to the district mineral foundation by concession holders of minor minerals under section 15a. 1. subs. by s. 8, ibid., for prospecting licence and mining leases w.e.f. . 2. ins. by act 37 of , s. 13 w.e.f. . 3. subs. by act 56 of , s. 8, for prospecting licence and mining leases w.e.f. . 4. ins. by s. 8, ibid. w.e.f. . 5. subs. by act 37 of , s. 13, for royalty w.e.f. . 6. subs. by act 37 of , s. 13, for royalty w.e.f. . 7. subs. by s. 13, ibid., for four w.e.f. . 8. ins. by act 10 of , s. 15 w.e.f. .

section 18a., to make investigation. of the mines and minerals development and regulation act : 118a. power to authorise geological survey of india, etc., to make investigation.1 where the central government is of opinion that for the conservation and development of minerals in india, it is necessary to collect as precise information as possible with regard to any mineral available in or under any land in relation to which any prospecting licence or mining lease has been granted, whether by the state government or by any other person, the central government may authorise the geological survey of india, or such other authority or agency as it may specify in this behalf, to carry out such detailed investigations for the purpose of obtaining such information as may be necessary: provided that in the cases of prospecting licences or mining leases granted by a state government, no such authorisation shall be made except after consultation with the state government. 2 on the issue of any authorisation under subsection 1, it shall be lawful for the geological survey of india or the specified authority or agency, and its servants and workmen a to enter upon such land, b to dig or bore into the subsoil, c to do all other acts necessary to determine the extent of any mineral available in or under such land, d to set out boundaries of the land in which any mineral is expected to be found, e to mark such boundaries and line by placing marks, f where otherwise the survey cannot be completed on the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: provided that no such authority or agency shall enter into any building or upon any enclosed court or garden attached to a dwellinghouse except with the consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of its intention to do so. 3 whenever any action of the nature specified in subsection 2 is to be taken, the central government shall, before or at the time when such action is taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered, the central government shall refer the dispute to the principal civil court of original jurisdiction having jurisdiction over the land in question. 4 the fact that there exists any such dispute as is referred to in subsection 3 shall not be a bar to the taking of any action under subsection 2. 5 after the completion of the investigation, the geological survey of india or the specified authority or agency by which the investigation was made shall submit to the central government a detailed report indicating therein the extent and nature of any mineral which lies deposited in or under the land. 6 the costs of the investigation made under this section shall be borne by the central government: provided that where the state government or other person in whom the minerals are vested or the holder of any prospecting licence or mining lease applies to the central government to furnish to it or him a copy of the report submitted under subsection 5, that state government or other person or the holder of a prospecting licence or mining lease, as the case may be, shall bear such reasonable part of the costs of investigation as the central government may specify in this behalf and shall, on payment of such part of the costs of investigation, be entitled to receive from the central government a true copy of the report submitted to it under subsection 5. 1. ins. by act 56 of , s. 11 w.e.f. .

section 16. of the mines and minerals development and regulation act : 11 a all mining leases granted before the commencement of the mines and minerals regulation and development amendment act, 56 of 2if in force at the date of commencement of the mines and minerals regulation and development amendment act, 25 of , shall be brought in conformity with the provisions of this act and the rules made thereunder within two years from the date of the commencement of the mines and minerals regulation and development amendment act, , or such further time as the central government may, by general or special order, specify in this behalf. b where the rights under any mining lease, granted by the proprietor of an estate or tenure before the commencement of the mines and minerals regulation and development amendment act, 56 of , have vested, on or after the 25th day of october, , in the state government in pursuance of the provisions of any act of any provincial or state legislature which provides for the acquisition of estates or tenures or provides for agrarian reform, such mining lease shall be brought into conformity with the provisions of this act and the rules made thereunder within 3two years from the commencement of the mines and minerals regulation and development amendment act, 25 of , or within such further time as the central government may, by general or special order, specify in this behalf. 41a where any action is taken under clause a or clause b of subsection 1 to bring the period of any lease in conformity with the provisions of this act and the rules made thereunder, then notwithstanding anything contained in section 8, the period of such lease shall continue to operate for a period of two years from the date of bringing such lease in conformity with the provisions of this act. 2 the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of subsection 1 and in particular such rules shall provide a for giving previous notice of the modification or alteration proposed to be made in any existing mining lease to the lessee and where the lessor is not the central government, also to the lessor and for affording him an opportunity of showing cause against the proposal b for the payment of compensation to the lessee in respect of the reduction of any area covered by the existing mining lease and c for the principles on which, the manner in which, and the authority by which, the said compensation shall be determined. 1. subs. by act 56 of , s. 9, for subsection 1 w.e.f. . 2. subs. by act 25 of , s. 6, for certain words w.e.f. . 3. subs. by s. 6, ibid., for six months from the commencement of the mines and minerals regulation and development amendment act, w.e.f. . 4. ins. by s. 6, ibid. w.e.f. .

section 20. of the mines and minerals development and regulation act : the provisions of this act and the rules made thereunder shall apply in relation to the renewal after the commencement of this act of any prospecting licence or mining lease granted before such commencement as they apply in relation to the renewal of a prospecting licence or mining lease granted after such commencement.

section 18. of the mines and minerals development and regulation act : show related subordinates 1 it shall be the duty of the central government to take all such steps as may be necessary 1 for the conservation and systematic development of minerals in india and for the protection of environment by preventing or controlling any pollution which may be caused by prospecting or mining operations and 2 for such purposes the central government may, by notification in the official gazette, make such rules as it thinks fit. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the opening of new mines and the regulation of mining operations in any area b the regulation of the excavation or collection of minerals from any mine c the measures to be taken by owners of mines for the purpose of beneficiation of ores, including the provision of suitable contrivances for such purpose d the development of mineral resources in any area e the notification of all new borings and shaft sinkings and the preservation of borehole records, and specimens of cores of alt new boreholes f the regulation of the arrangements for the storage of minerals and the stocks thereof that may be kept by any person g the submission of samples of minerals from any mine by the owner thereof and the manner in which and the authority to which such samples shall be submitted and the taking of samples of any minerals from any mine by the state government or any other authority specified by it in that behalf h the submission by owners of mines of such special or periodical returns and reports as may be specified, and the form in which and the authority to which such returns and reports shall be submitted 3 i the regulation of prospecting operations j the employment of qualified geologists or mining engineers to supervise prospecting or mining operations k the disposal or discharge of waste slime or tailings arising from any mining or metallurgical operations carried out in a mine l the manner in which and the authority by which directions may be issued to the owners of any mine to do or refrain from doing certain things in the interest of conservation or systematic development of minerals or for the protection of environment by preventing or controlling pollution which may be caused by prospecting or mining operations m the maintenance and submission of such plans, registers or records as may be specified by the government n the submission of records or reports by persons carrying on prospecting or mining operations regarding any research in mining or geology carried out by them o the facilities to be afforded by persons carrying out prospecting or mining operations to persons authorised by the central government for the purpose of undertaking research or training in matters relating to mining or geology p the procedure for and the manner of imposition of fines for the contravention of any of the rules framed under this section and the authority who may impose such fines and q the authority to which, the period within which, the form and the manner in which applications for revision of any order passed by any authority under this act and the rules made thereunder may be made, the fee to be paid and the documents which should accompany such applications. 3 all rules made under this section shall be binding on the government. 1. subs. by act 37 of , s. 15, for for the conservation and development of minerals in india w.e.f. . 2. subs. by s. 15, ibid., for for that purpose w.e.f. . 3. ins. by act 37 of , s. 15 w.e.f. .

section 17. of the mines and minerals development and regulation act : 1 the provisions of this section shall apply 1 in respect of land in which the minerals vest in the government of a state 2or any other person. 2 notwithstanding anything contained in this act, the central government, after consultation with the state government, may undertakes 3mineral concession in any area not already held under any 3mineral concession and where it proposes to do so, it shall, by notification in the official gazette a specify the boundaries of such area b state whether 4reconnaissance, prospecting or mining operations will be carried out in the area and c specify the mineral or minerals in respect of which such operations will be carried out. 3 where, in exercise of the powers conferred by subsection 2, the central government undertakes 4reconnaissance, prospecting or mining operations in any area, the central government shall be liable to pay 5reconnaissance permit fee or prospecting fee royalty, surface rent or dead rent, as the case may be, at the same rate at which it would have been payable under this act, if such 4reconnaissance, prospecting or mining operations had been undertaken by a private person under a 3mineral concession. 4 the central government, with a view to enabling it to exercise the powers conferred on it by subsection 2 may, after consultation with the state government, by notification in the official gazette, declare that no 3mineral concession shall be granted in respect of any land specified in the notification. 1. the word only omitted by act 56 of , s. 10 w.e.f. . 2. ins. by s. 10, ibid. w.e.f. . 3. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 4. subs. by act 38 of , s. 15, for prospecting or mining operations w.e.f. . 5. subs. by s. 15, ibid., for prospecting fee w.e.f. .

section 19. of the mines and minerals development and regulation act : any 1mineral concession granted, renewed or acquired in contravention of the provisions of this act or any rules or orders made thereunder shall be void and of no effect. explanation.where a person has acquired more than one 1mineral concession 2 and the aggregate area covered by such 3permits, licences or leases, as the case may be, exceeds the maximum area permissible under section 6, only that 1mineral concession the acquisition of which has resulted in such maximum area being exceeded shall be deemed to be void. 1. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. . 2. the words in any state omitted by act 25 of , s. 8 w.e.f. . 3. subs. by act 38 of , s. 16, for licences or leases w.e.f. .

section 21. of the mines and minerals development and regulation act : show related subordinates 11 whoever contravenes the provisions of subsection 1 or subsection 1a of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area. 2 any rule made under any provision of this act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention. 3 where any person trespasses into any land in contravention of the provisions of subsection 1 of section 4, such trespasser may be served with an order of eviction by the state government or any authority authorised in this behalf by that government and the state government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land. 2 4 whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. 4a any mineral, tool, equipment, vehicle or any other thing seized under subsection 4, shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under subsection 1 and shall be disposed of in accordance with the directions of such court. 5 whenever any person raises, without any lawful authority, any mineral from any land, the state government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. 3 6 notwithstanding anything contained in the code of criminal procedure, 2 of , an offence under subsection 1 shall be cognizable. 1. subs. by act 10 of , s. 19, for subsections 1 and 2 w.e.f. . 2. subs. by act 38 of , s. 17, for subsection 4 w.e.f. . 3. ins. by act 37 of , s. 16 w.e.f. .

section 20a. of the mines and minerals development and regulation act : 120a. power of central government to issue directions.1 notwithstanding anything contained in this act, the central government may issue such directions to the state governments, as may be required for the conservation of mineral resources, or on any policy matter in the national interest, and for the scientific and sustainable development and exploitation of mineral resources. 2 in particular, and without prejudice to the generality of the foregoing powers, the central government may also issue directions in respect of the following matters, namely: i improvement in procedure for grant of mineral concessions and to ensure coordination among agencies entrusted with according statutory clearances ii maintenance of internetbased databases including development and operation of a mining tenement system iii implementation and evaluation of sustainable development frameworks iv reduction in waste generation and related waste management practices and promotion of recycling of materials v minimising and mitigating adverse environmental impacts particularly in respect of ground water, air, ambient noise and land vi ensuring minimal ecological disturbance, in terms of biodiversity, flora, fauna and habitat vii promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of the local communities and viii such other matters as may be necessary for the purposes of implementation of this act. 1. ins. by act 10 of , s. 18 w.e.f. .

section 23c. of the mines and minerals development and regulation act : 123c. power of state government to make rules for preventing illegal mining, transportation and storage of minerals.1 the state government may, by notification in the official gazette, make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a establishment of checkposts for checking of minerals under transit b establishment of weighbridges to measure the quantity of mineral being transported c regulation of mineral being transported from the area granted under a prospecting licence or a mining lease or a quarrying licence or a permit, in whatever name the permission to excavate minerals, has been given d inspection, checking and search of minerals at the place of excavation or storage or during transit e maintenance of registers and forms for the purposes of these rules f the period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefor and powers of such authority for disposing of such applications and g any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals. 3 notwithstanding anything contained in section 30, the central government shall have no power to revise any order passed by a state government or any of its authorised officers or any authority under the rules made under subsections 1 and 2. 1. ins. by s. 19, ibid. w.e.f. .

section 23. of the mines and minerals development and regulation act : 1 if the person committing an offence under this act or any rules made thereunder is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals b director in relation to a firm means a partner in the firm.

section 23b. of the mines and minerals development and regulation act : 123b. power to search.if any gazetted officer of the central or a state government authorised by the central government 2or a state government, as the case may be, in this behalf by genera or special order has reason to believe that any mineral has been raised in contravention of the provisions of this act or rules made thereunder or any document or thing in relation to such mineral is secreted in any place 2or vehicle, he may search for such mineral, document or thing and the provisions of section 100 of the code of criminal procedure, 2 of , shall apply to every such search. 1. ins. by act 25 of , s. 9 w.e.f. . 2. ins. by act 38 of , s. 18 w.e.f. .

section 22. of the mines and minerals development and regulation act : no court shall take cognizance of any offence punishable under this act or any rules made thereunder except upon complaint in writing made by a person authorised in this behalf by the central government or the state government.

section 25. of the mines and minerals development and regulation act : 11 any rent, royally, tax, fee or other sum due to the government under this act or the rules made thereunder or under the terms and conditions of any 2reconnaissance permit, prospecting licence or mining lease may, on a certificate of such officer as may be specified by the state government in this behalf by general or special order, be recovered in the same manner as an arrear of land revenue. 32 any rent, royalty, tax, fee or other sum due to the government either under this act or any rule made thereunder or under the terms and conditions of any 2reconnaissance permit, prospecting licence or mining lease may, on a certificate of such officer as may be specified by the state government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government after the commencement of the mines and minerals regulation and development amendment act, 56 of , together with the interest due thereon shall be a first charge on the assets of the holder of the 2 reconnaissance permit, prospecting licence or mining lease, as the case may be. 1. section 25 renumbered as subsection 1 thereof by act 56 of , s. 14 w.e.f. . 2. subs. by act 38 of , s. 22, for prospecting licence or mining lease w.e.f. . 3. ins. by act 56 of , s. 14 w.e.f. .

section 24. of the mines and minerals development and regulation act : 1 for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with this act or the rules made thereunder, any person authorised by the 1central government or a state government in this behalf, by general 2 order, may a enter and inspect any mine b survey and take measurements in any such mine c weigh, measure or take measurements of the stocks of minerals lying at any mine d examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record e order the production of any such document, book, register, record, as is referred to in clause d and f examine any person having the control of, or connected with, any mine. 2 every person authorised by the 1central government or a state government under subsection 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, and every person to whom an order or summons is issued by virtue of the powers conferred by clause e or clause f of that subsection shall be legally bound to comply with such order or summons, as the case may be. 1. subs. by act 38 of , s. 20, for central government w.e.f. . 2. the words or special omitted by s. 20, ibid. w.e.f. .

section 23a. of the mines and minerals development and regulation act : 123a. compounding of offences.1 any offence punishable under this act or any rule made thereunder may, either before or after the institution of the prosecution, be compounded by the person authorised under section 22 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the government, of such sum as that person may specify: provided that in the case of an offence punishable with fine only, no such sum shall exceed the maximum amount of fine which may be imposed for that offence. 2 where an offence is compounded under subsection 1, no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith. 1. ins. by act 56 of , s. 13 w.e.f. .

section 24a. of the mines and minerals development and regulation act : 124a. rights and liabilities of a holder of prospecting licence or mining lease.1 on the issue of a 2mineral concession under this act and the rules made thereunder, it shall be lawful for the 3holder of such permit, licence or lease, his agents or his servants or workmen to enter the lands over which 4such permit, lease or licence had been granted at all times during its currency and carry out all such 5reconnaissance, prospecting or mining operations as may be prescribed: provided that no person shall enter into any building or upon an enclosed court or garden attached to a dwellinghouse except with the consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of his intention to do so. 2 the holder of a 2mineral concession referred to in subsection 1 shall be liable to pay compensation in such manner as may be prescribed to the occupier of the surface of the land granted under 6such permit, licence or lease for any loss or damage which is likely to arise or has arisen from or in consequence of the 7reconnaissance, mining or prospecting operations. 3 the amount of compensation payable under subsection 2 shall be determined by the state government in the manner prescribed. 1. ins. by act 37 of , s. 17 w.e.f. . 2. subs. by act 16 of , s. 2, for reconnaissance permit, prospecting licence or mining lease w.e.f. . 3. subs. by act 38 of , s. 21, for holder of such licence or lease w.e.f. . 4. subs. by s. 21, ibid., for such lease or licence had been granted w.e.f. . 5. subs. by s. 21, ibid., for prospecting or mining operations w.e.f. . 6. subs. by s. 21, ibid., for such licence or lease w.e.f. . 7. subs. by s. 21, ibid., for mining or prospecting operations w.e.f. .

section 27. of the mines and minerals development and regulation act : no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 26. of the mines and minerals development and regulation act : show related subordinates 1 the central government may, by notification in the official gazette, direct that any power exercisable by it under this act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification be exercisable also by a such officer or authority subordinate to the central government or b such state government or such officer or authority subordinate to a state government, as may be specified in the notification. 2 the state government may, by notification in the official gazette, direct that any power exercisable by it under this act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the state government as may be specified in the notification. 3 any rules made by the central government under this act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any state government or any officer or authority subordinate thereto.

section 31. of the mines and minerals development and regulation act : the central government may, if it is of opinion that in the interests of mineral development it is necessary so to do, by order in writing and for reasons to be recorded, authorise in any case the grant, renewal or transfer of any 1mineral concession, or the working of any mine for the purpose of searching for or winning any mineral, on terms and conditions different from those laid down in the rules made under section 13. 1. subs. by act 16 of , s. 2, reconnaissance permit, prospecting licence or mining lease w.e.f. .

section 28. of the mines and minerals development and regulation act : 11 every rule and every notification made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 2 without prejudice to the generality of the rule making power vested in the central government, no rules made with reference to clause c of subsection 2 of section 16 shall come into force until they have been approved, whether with or without modifications, by each house of parliament. 23 every rule and every notification made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists one house, before that house. 1. subs. by s. 15, ibid., for subsection 1 w.e.f. . 2. ins. by act 25 of , s. 10 w.e.f.

section 30. of the mines and minerals development and regulation act : 130. power of revision by central government.the central government may, of its own motion or on an application made within the prescribed time by an aggrieved party, a revise any order made by a state government or other authority in exercise of the powers conferred on it by or under this act with respect to any mineral other than a minor mineral or b where no such order has been made by the state government or other authority in exercise of the powers conferred on it by or under this act with respect to any mineral other than a minor mineral within the time prescribed therefore, pass such order as it may think fit and appropriate in the circumstances: provided that in cases covered by clause b the central government shall, before passing any order under this clause, give an opportunity of being heard or to represent in the matter. 1. subs. by act 10 of , s. 20, for section 30 w.e.f. .

section 29. of the mines and minerals development and regulation act : all rules made or purporting to have been made under the mines and minerals regulation and development act, 53 of , shall, insofar as they relate to matters for which provision is made in this act and are not inconsistent therewith, be deemed to have been made under this act as if this act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this act.

section 30a. of the mines and minerals development and regulation act : 130a. special provisions relating to mining leases for coal granted before 25th october, .notwithstanding anything contained in this act, the provisions of subsection 1 of section 9 and subsection 1 of section 16 shall not apply to or in relation to mining leases granted before the 25th day of october, , in respect of coal, but the central government, if it is satisfied that it is expedient so to do, may, by notification in the official gazette, direct that all or any of the said provisions including any rules made under sections 13 and 18 shall apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that or in any subsequent notification. 1. ins. by act 15 of , s. 2 w.e.f. .

section 30b. of the mines and minerals development and regulation act : 130b. constitution of special courts.1 the state government may, for the purposes of providing speedy trial of offences for contravention of the provisions of subsection 1 or subsection 1a of section 4, constitute, by notification, as many special courts as may be necessary for such area or areas, as may be specified in the notification. 2 a special court shall consist of a judge who shall be appointed by the state government with the concurrence of the high court. 3 a person shall not be qualified for appointment as a judge of a special court unless he is or has been a district and sessions judge. 4 any person aggrieved by the order of the special court may prefer an appeal to the high court within a period of sixty days from the date of such order. 1. ins. by act 10 of , s. 21 w.e.f. .

section 30c. of the mines and minerals development and regulation act : 130c. special courts to have powers of court of session.save as otherwise provided in this act, the code of criminal procedure, 2 of , shall apply to the proceedings before the special court and for the purpose of the provisions of this act, the special court shall be deemed to be a court of session and shall have all powers of a court of session and the person conducting a prosecution before the special court shall be deemed to be a public prosecutor. 1. ins. by act 10 of , s. 21 w.e.f. .

section 33.validation of certain acts and indemnity of the mines and minerals development and regulation act : all acts of executive authority done, proceedings taken and sentences passed under the mines and minerals regulation and development act, 53 of , with respect to the regulation of mines and the development of minerals during the period commencing on the 26th day of january, , and ending with the date of commencement of this act by the government or by any officer of the government or by any other authority, in the belief or purported belief that the acts, proceedings of sentences were being done, taken or passed under the said act, shall be as valid and operative as if they had been done, taken or passed in accordance with law, and no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law.

section 32. of the mines and minerals development and regulation act : amendments to act 53 of .rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 3. of the legal tender inscribed notes act : 1 the legal tender inscribed notes ordinance, ord. 59 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under this act as if this act were in force on the day on which such thing was done or such action was taken.

section 1. of the legal tender inscribed notes act : 1 this act may be called the legal tender inscribed notes act, . 2 it extends to the whole of india.

section 2. of the legal tender inscribed notes act : notwithstanding anything contained in the reserve bank of india act, 2 of , or in the currency ordinance, ord. 4 of , or in any other law for the time being in force, a currency note of the government of india, a bank note issued by the reserve bank of india, or a government of india onerupee note issued under the currency ordinance, , which bears written upon it any extrinsic words or visible representations intended to convey or capable of conveying a message of a political character, shall not be legal tender and the reserve bank of india shall not be under any legal obligation to receive any such note, or to issue rupee coin or other coin or currency notes or bank notes in exchange for any such note, or to refund the value of any such note: provided that the reserve bank of india may refund as of grace the whole or part of the value of any such note.

section 7. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : without prejudice to the generality of the provisions of section 6, a the provisions of the incometax act, 43 of shall not apply to any interest accruing in relation to the foreign exchange bonds b the provisions of the wealthtax act, 27 of shall not apply in relation to the foreign exchange bonds c the provisions of the gifttax act, 18 of shall not apply where any nonresident indian becomes a resident in india and makes a gift of the foreign exchange bonds.

The Remittances of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions)  Act, 1991

section 1. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : 1 this act may be called the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act, . 2 it extends to the whole of india.

section 6. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : 1 notwithstanding anything contained in the wealthtax act, 27 of , the gifttax act, 18 of , the incometax act, 43 of , the foreign exchange regulation act, 46 of and the foreign contribution regulation act, 46 of , a no nonresident indian or overseas corporate body who or which owns the foreign exchange bonds or any person resident in india to whom a gift of such bonds has been made by such nonresident indian or overseas corporate body, shall be required to disclose, for any purpose whatsoever, the nature and source of the investment in such bonds b no inquiry or investigation shall be commenced against any of the persons referred to in clause a under any of the said acts on the ground that such person owns such bonds c the fact that any of the persons referred to in clause a owns such bonds shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any of the said acts. 2 nothing in subsection 1 shall apply to foreign exchange which is required to be brought into india under any of the provisions of i the foreign exchange regulation act, 46 of or ii the incometax act, 43 of , read with the foreign exchange regulation act, 46 of , if the period within which such foreign exchange is to be brought into india has not expired or where such period has been extended, in any manner, by the central government or the reserve bank of india or any other authority, such extended period has not expired on the date of commencement of this act.

section 2. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : in this chapter, unless the context otherwise requires, a recipient means a person as defined in clause 31 of section 2 of the incometax act, 43 of who receives any remittance under this chapter b remittance means remittance made in foreign exchange by any person resident outside india to a person resident in india on or after the date of commencement of this act but before the specified date, in the form of draft, travellers cheques, cheques drawn on banks situated outside india telegraphic transfers, mail transfers, money orders or by way of transfer from nonresident external account, foreign currency nonresident account or foreign currency nonresident special deposit account maintained in india under the rules made under the foreign exchange regulation act, 46 of . explanation.for the purposes of this clause, specified date means the 1st day of december, or such other later date as the central government may, by notification in the official gazette, specify in this behalf c all other words and expressions used in this chapter but not defined and defined in the foreign exchange regulation act, 46 of shall have the meanings respectively assigned to them in that act.

section 3. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : 1 notwithstanding anything contained in any other law for the time being in force, a no recipient, who claims immunity under this chapter in accordance with such scheme as the reserve bank of india may, by notification in the official gazette, specify for the purposes of receiving remittances under this chapter, shall be required to disclose, for any purpose whatsoever, the nature and source of the remittance made to him b no inquiry or investigation shall be commenced against the recipient under any such law on the ground that he has received such remittance c the fact that the recipient has received a remittance shall not be taken into account and shall be inadmissible as evidence in any proceedings relating to any offence or the imposition of any penalty under any such law. 2 nothing in subsection 1 shall apply a to any foreign exchange which is required to be brought into india under any of the provisions of i the foreign exchange regulation act, 46 of or ii the incometax act, 43 of , read with the foreign exchange regulation act, 46 of , if the period within which such foreign exchange is to be brought into india has not expired or where such period has been extended, in any manner, by the central government or the reserve bank of india or any other authority, such extended period has not expired on the date of commencement of this act b in relation to prosecution for any offence punishable under chapter ix or chapter xvii of the indian penal code 45 of , the narcotic drugs and psychotropic substances act, 61 of , the terrorist and disruptive activities prevention act, 28 of , the prevention of corruption act, 49 of or for the purpose of enforcement of any civil liability. 3 the central government shall cause the scheme notified under clause a of subsection 1 to be laid, as soon as may be after it is notified, before each house of parliament.

section 5. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : 1 in this chapter, unless the context otherwise requires, a foreign exchange bonds means the bonds, issued by the state bank of india constituted under the state bank of india act, 28 of in accordance with such scheme as the reserve bank of india may, by notification in the official gazette, specify in this behalf, the investment wherein is made on or after the date of commencement of this act but before the specified date. explanation.for the purposes of this clause, specified date means the 1st day of december, or such other later date as the central government may, by notification in the official gazette, specify in this behalf b nonresident indian means an individual, being a citizen of india or a person of indian origin who is resident outside india. explanation 1.a person shall be deemed to be of indian origin if i he, or either of his parents or any of his grand parents, was a citizen of india by virtue of the constitution or the citizenship act, 57 of or ii he at any time held an indian passport: provided that the nationals of pakistan or bangladesh shall not be deemed to be of indian origin. explanation 2.a spouse not being a national of pakistan or bangladesh of a person of indian origin shall also be deemed to be of indian origin c overseas corporate body means any institution, association or body, whether incorporated or not, established under the laws of a country outside india wherein any nonresident indian has any interest d all other words and expressions used in this chapter but not defined and defined in the foreign exchange regulation act, 46 of , shall have the meanings respectively assigned to them in that act. 2 the central government shall cause the scheme notified under clause a of subsection 1 to be laid, as soon as may be after it is notified, before each house of parliament.

section 4. of the remittances of foreign exchange and investment in foreign exchange bonds immunities and exemptions act : without prejudice to the generality of the provisions of section 3, a any remittance received under this chapter shall not be taken into account for the purpose of any proceeding under the incometax act, 43 of and, in particular, the recipient shall not be entitled to claim any setoff or relief in any assessment, reassessment, appeal, reference or other proceeding under that act or to reopen any assessment or reassessment made under that act on the ground that he has received such remittance. explanation.for the avoidance of doubt, it is hereby declared that the provisions of the incometax act, 43 of will apply to any income which accrues or arises or is deemed to accrue or arise to the recipient from the amount of the remittance b any remittance received under this chapter shall not form part of the assets of any assessee for the purposes of computing his net wealth under the wealthtax act, 27 of in relation to any assessment year commencing before the 1st day of april, .

section 6., of members. of the inland waterways authority of india act : 1 the central government may remove from the authority any member who, in its opinion, a refuses to act, b has become incapable to act, c has so abused his office as to render his continuance in office detrimental to the public interest, or d is otherwise unsuitable to continue as a member. 2 the central government may suspend any member pending an inquiry against him. 3 no order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the central government and when such order is passed, the seat of the member removed shall be declared vacant. 4 a member who has been removed under this section shall not be eligible for reappointment as a member or in any capacity under the authority.

section 4. of the inland waterways authority of india act : the term of office and other conditions of service of the members shall be such as may be prescribed.

section 4a. of the inland waterways authority of india act : 14a. disqualifications for appointment as member. a person shall be disqualified for being appointed as a member, if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a company owned or controlled by the government or e has, in the opinion of the central government, such financial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member. 1. ins. by s. 3, ibid. w.e.f.

section 2. of the inland waterways authority of india act : in this act, unless the context otherwise requires, a appurtenant land means all lands appurtenant to a national waterway, whether demarcated or not b authority means the inland waterways authority of india constituted under section 3 c channel means any waterway, whether natural or artificial d conservancy includes dredging, training, closure, diversion or abandoning channels e conservancy measures means measures for purposes of conservancy, but does not include measures for protection of banks against floods or for restricting banks which have become eroded mainly on account of reasons not connected with shipping and navigation f infrastructure includes structures such as docks, wharves, jetties, landing stages, locks, buoys, inland ports, cargo handling equipment, road and rail access and cargo storage spaces, and the expression infrastructural facilities shall be construed accordingly g member means a member of the authority appointed under subsection 3 of section 3 h national waterway means the inland waterway declared by section 2 of the national waterway allahabadhaldia stretch of the gangabhagirathihooghly river act, 49 of , to be a national waterway. explanation.if parliament declares by law any other waterway to be a national waterway, then from the date on which such declaration takes effect, such other waterway i shall be deemed also to be a national waterway within the meaning of this clause and ii the provisions of this act shall, with necessary modifications including modification for construing any reference to the commencement of this act as a reference to the date aforesaid, apply to such national waterway i navigable channel means a channel navigable during the whole or a part of the year j prescribed means prescribed by rules made under this act k regulations means regulations made by the authority under this act and l rules means rules made by the central government under this act.

section 5a. of the inland waterways authority of india act : 15a. meetings.1 the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be provided by regulations. 2 the chairman or in his absence, the vicechairman, or in the absence of both, such other member as is chosen by the members present at the meeting of the authority shall preside at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairman or in his absence, the vicechairman, or in the absence of both, the person presiding, shall have and exercise a second or casting vote. 1. ins. by act 40 of , s. 4 w.e.f. .

section 3. of the inland waterways authority of india act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be constituted for the purposes of this act an authority, to be called the inland waterways authority of india. 2 the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 13 the authority shall consist of the following members, namely: a a chairman b a vicechairman c not more than three fulltime members and d not more than three parttime members, to be appointed by the central government by notification in the official gazette. 4 the authority may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the authority relevant to the purpose for which he has been associated, but shall not be entitled to vote. 1. subs. by act 40 of , s. 2, for subsection 3 w.e.f. .

section 5. of the inland waterways authority of india act : 1 the chairman of the authority shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and duties of the authority as may be delegated to him by the authority and such other powers and duties as may be prescribed. 2 the vicechairman of the authority shall exercise and discharge such of the powers and duties of the chairman as may be prescribed or as may be delegated to him by the authority.

section 1. of the inland waterways authority of india act : 1 this act may be called the inland waterways authority of india act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 27th october, , vide notification no. s.o. 763e, dated 27th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 9. of the inland waterways authority of india act : 1 subject to any rules made in this behalf, the authority may from time to time constitute such advisory committees as may be necessary for the efficient discharge of its functions. 2 every advisory committee shall consist of such number of persons connected with shipping and navigation and allied aspects as the authority may deem fit.

section 7., not to invalidate proceedings of the authority. of the inland waterways authority of india act : no act or proceeding of the authority shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case.

section 11. of the inland waterways authority of india act : 1 as from such day as the central government may, appoint by notification in the official gazette, a all properties and other assets vested in the central government for the purposes of inland water transport directorate, and administered by the chief engineercumadministrator, inland water transport directorate, immediately before such day shall vest in the authority b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the central government immediately before such day for or in connection with the purposes of inland water transport directorate shall be deemed to have been incurred entered into and engaged to be done by, with, or for the authority c all nonrecurring expenditure incurred by the central government for or in connection with the purposes of inland water transport directorate up to such day and declared to be capital expenditure by the central government shall, subject to such terms and conditions as may be determined by the central government, be treated as capital provided by the central government to the authority d all sums of money due to the central government in relation to inland water transport directorate immediately before such day shall be deemed to be due to the authority e all suits and other legal proceedings with respect to any matter in relation to inland water transport directorate which having been instituted by or against the central government are pending, or which could have been so instituted, immediately before such date shall on and after such date be continued or instituted by or against the authority and f every employee holding any office under the central government immediately before such day solely or mainly for or in connection with such affairs of inland water transport directorate as are relevant to the functions of the authority under this act shall be treated as on deputation with the authority but shall hold his office in the authority by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office, if the authority had not been constituted and shall continue to do so until the central government, either on its own motion or at the request of the authority, recalls such employee to its service or until the authority, with the concurrence of the central government, duly absorbs such employee in its regular service, whichever is earlier: provided that during the period of deputation of any such employee with the authority, the authority shall pay to the central government in respect of every such employee, such contribution towards his leave salary, pension and gratuity as the central government may, by order, determine: provided further that any such employee, who has, in respect of the proposal of the authority to absorb him in its regular service, intimated within such time as may be specified in this behalf by the authority his intention of not becoming a regular employee of the authority, shall not be absorbed by the authority in its regular service. 2 if any dispute or doubt arises as to which of the properties, rights or liabilities of the central government have been transferred to the authority or as to which of the employees serving under the central government are to be treated as on deputation with the authority, under this section, such dispute or doubt shall be decided by the central government in consultation with the authority and the decision of the central government thereon shall be final. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the absorption of any employee by the authority in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other authority.

section 8. of the inland waterways authority of india act : 1 the authority may appoint the secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of service of the secretary and other officers and employees of the authority shall be such as may be determined by regulations.

section 10. of the inland waterways authority of india act : in the discharge of its functions under this act, the authority shall act, so far as may be, on business principles.

section 12. of the inland waterways authority of india act : subject to the provisions of section 13, the authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this act.

section 14. of the inland waterways authority of india act : 1 the authority may a carry out surveys and investigations for the development, maintenance and better utilisation of the national waterways and the appurtenant land for shipping and navigation and prepare schemes in this behalf b provide or permit setting up of infrastructural facilities for national waterways c carry out conservancy measures and training works and do all other acts necessary for the safety and convenience of shipping and navigation and improvement of the national waterways d control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the national waterways and appurtenant land, in so far as they may affect safe and efficient, shipping and navigation, maintenance of navigable channels, river training and conservancy measures e remove or alter any obstruction or impediment in the national waterways and the appurtenant land which may impede the safe navigation or endanger safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration f provide for the regulation of navigation and traffic including the rule of the road on national waterways g regulate the construction or alteration of structures on, across or under the national waterways h disseminate navigational meteorological information about national waterways i ensure coordination of inland water transport on national waterways with other modes of transport and j establish and maintain pilotage on national waterways 1k enter into joint ventures concerning inland shipping by way of equity participation. 2 the authority may also a advise the central government on matters relating to inland water transport b study the transport requirement with a view to coordinating inland water transport with other modes of transport c carry out hydrographic surveys and publish river charts d assist, on such terms and conditions as may be mutually agreed upon, any state government in formulation and implementation of scheme for inland water transport development e develop consultancy services and provide such services, on such terms and conditions as may be mutually agreed upon, in india and abroad in relation to planning and development of waterways for shipping and navigation or any facility thereat f conduct research in matters relating to inland water transport including development of craft design, mechanisation of country crafts, technique of towage, landing and terminal facilities, port installations and survey techniques g lay down standards for classification of inland waterways h arrange programme of technical training for inland water transport personnel within and outside the country and i perform such other functions as may be necessary to carry out the provisions of this act. 3 any dispute arising out of or concerning the compensation referred to in clause e of subsection 1 shall be determined according to the law relating to like disputes in the case of land required for public purposes. 4 every scheme, prepared by the authority to carry out functions under subsections 1 and 2, involving capital expenditure exceeding the amount as may be prescribed, shall be submitted to the central government for approval. 5 the central government may either approve the scheme submitted to it under subsection 4 without modification or with such modifications as it may consider necessary or reject the scheme with directions to the authority to prepare a fresh scheme according to such directions. 1 ins. by act 40 of , s. 5 w.e.f. .

section 18a. of the inland waterways authority of india act : 118a. borrowing powers of the authority.the authority may, in such manner and subject to such terms and conditions as may be determined by regulations, borrow money from any source by the issue of bonds, debentures or other instruments as it may think fit for discharge of all or any of its functions under the act. 1. ins. by act 40 of , s. 6 w.e.f. .

section 13. of the inland waterways authority of india act : 1 every contract shall, on behalf of the authority, be made by the chairman or such other member or such officer of the authority as may be generally or specially empowered in this behalf by the authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the authority: provided that no contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the authority: provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the central government. 2 subject to the provisions of subsection 1, the form and manner in which any contract shall be made under this act shall be such as may be prescribed by regulations. 3 no contract which is not in accordance with the provisions of this act and the regulations shall be binding on the authority.

section 15. of the inland waterways authority of india act : the authority shall not make any material change in the scheme approved under subsection 5 of section 14 without the prior approval of the central government. explanation.for the purposes of this section, material change means an increase in the cost of the scheme by more than twenty per cent. of its cost or a change in the benefit and cost ratio which either makes the cost component in the ratio exceeds the benefit or reduces the benefit component by more than twenty per cent.

section 19. of the inland waterways authority of india act : 1 there shall be constituted a fund to be called the inland waterways authority of india fund and there shall be credited thereto a any grants and loans made to the authority by the central government under section 18 b all fees and charges received by the authority under this act and c all sums received by the authority from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a salary, allowances and other remuneration of the members, officers and other employees of the authority b expenses of the authority in the discharge of its functions under section 14 and c expenses on objects and for purposes authorised by this act.

section 16.. of the inland waterways authority of india act : power to fix maximum and minimum rates for passenger fares and freight for goods.omitted by the inland waterways authority of india amendment act, 8 of , s. 2 w.e.f. .

section 20. of the inland waterways authority of india act : the authority shall prepare, in such form and at such time each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government.

section 17. of the inland waterways authority of india act : 1 the authority may, with the previous approval of the central government, levy fees and charges at such rates as may be laid down by regulations made in this behalf for services or benefits rendered in relation to the use of the national waterways for the purposes of shipping, navigation, infrastructural facilities, including facilities for passengers and facilities relating to the berthing of vessels, handling of cargoes and storage of cargoes. 2 the fees and charges levied under subsection 1 shall be collected in such manner as may be determined by regulations.

section 18. of the inland waterways authority of india act : the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants and loans of such sums of money as that government may consider necessary.

section 22. of the inland waterways authority of india act : the authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government.

section 21. of the inland waterways authority of india act : the authority may invest its funds including any reserve fund in the securities of the central government or in such other manner as may be prescribed.

section 23. of the inland waterways authority of india act : the accounts of the authority shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed and the authority shall furnish, to the central government, before such date as may be prescribed, its audited copy of accounts together with the auditors report thereon.

section 29. of the inland waterways authority of india act : the authority may, by general or special order in writing, delegate to the chairman or any other member or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this act except the powers under section 35 as it may deem necessary.

section 26. of the inland waterways authority of india act : any land required by the authority for discharging its functions under this act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the land acquisition act, 1 of or of any other corresponding law for the time being in force.

section 25. of the inland waterways authority of india act : 1 without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 31. of the inland waterways authority of india act : all members, officers and other employees of the authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 32. of the inland waterways authority of india act : 1 no suit, prosecution or other legal proceedings shall lie against the government or any officer of the government or any member, officer or employee of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. 2 no suit or other legal proceedings shall lie against the authority for any damage caused or likely to be caused by anything in good faith done or purported to be done under this act or the rules or regulations, and in particular, it shall not be the responsibility of the authority to provide for relief measures necessitated by floods or by breaches and failures of works.

section 24. of the inland waterways authority of india act : the central government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before each house of parliament.

section 27., of certain laws. of the inland waterways authority of india act : 1 the provisions of this act shall be in addition to the provisions of the indian ports act, 15 of and the major port trusts act, 38 of and in particular nothing in this act shall affect any jurisdiction, functions, powers or duties required to be exercised, performed or discharged by a the conservator of any port or by any officer or authority under the indian ports act, 15 of , or b the board of trustees for any major port or by any officer or authority under the major port trusts act, 38 of , in or in relation to any portion of an inland waterway including the national waterway falling within the limits of such port or major port. 2 nothing in this act shall affect the operation of the inland vessels act, 1 of or any other central act other than the indian ports act, 15 of and the major port trusts act, 38 of or any state or provincial act in force immediately before the commencement of this act with respect to shipping and navigation on any national waterway 1. 1. certain words omitted by act 8 of , s. 3 w.e.f. .

section 30. of the inland waterways authority of india act : all orders and decisions of the authority shall be authenticated by the signature of the chairman or any other member authorised by the authority in this behalf and all other instruments executed by the authority shall be authenticated by the signature of an officer of the authority authorised by the authority in this behalf.

section 28. of the inland waterways authority of india act : subject to any rules made in this behalf, any person, generally or specially authorised by the authority in this behalf, may, whenever it in necessary so to do for any of the purposes of this act, at all reasonable times, enter upon any land or premises and a make any inspection, survey, measurement, valuation or inquiry b take levels c dig or bore into subsoil d set out boundaries and intended lines of work e mark such level boundaries and lines by placing marks and cutting trenches or f do such other acts or things as may be prescribed: provided that no such person shall enter any building or any enclosed court or garden attached to a dwellinghouse unless with the consent of the occupier thereof without previously giving such occupier at least twentyfour hours notice in writing of his intention to do so.

section 33. of the inland waterways authority of india act : 1 if, at any time, the central government is of opinion a that on account of a grave emergency, the authority is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the authority has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of which default the financial position of the authority or the administration of any national waterway has deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause b, the central government shall give a reasonable opportunity to the authority to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority, shall, until the authority is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct c all property owned or controlled by the authority shall, until the authority is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further term, not exceeding six months, as it may consider necessary or b reconstitute the authority by fresh appointment and in such case any persons who vacated their offices under clause a of subsection 2 shall not be deemed disqualified for appointment: provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under subsection 1 or as extended under this subsection, take action under clause b of this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before such house of parliament at the earliest opportunity.

section 38. of the inland waterways authority of india act : in the national waterway allahabadhaldia stretch of the gangabhagirathihooghly river act, , a in section 3, for the words central government, the word union shall be substituted, and for the words to the extent hereinafter provided, the words and figures to the extent provided in the inland waterways authority of india act, shall be substituted b sections 4 to 15 shall be omitted.

section 34. of the inland waterways authority of india act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and other conditions of service of the members of the authority under section 4 b the powers and duties of the chairman and vicechairman under section 5 c the matters with respect to the advisory committee referred to in subsection 1 of section 9 d the amount required to be prescribed under subsection 4 of section 14 e the form in which, and the time at which, the authority shall prepare its budget under section 20 and its annual report under section 22 f the manner in which the authority may invest its funds under section 21 g the manner in which the accounts of the authority shall be maintained and audited under section 23 h the conditions and restrictions with respect to exercise of the power to enter under section 28 and the matters referred to in clause f of that section and i any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

section 35. of the inland waterways authority of india act : 1 the authority may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which and the purposes for which, the authority may associate with itself any person under subsection 4 of section 3 b the terms and conditions of service of the secretary and other officers and employees of the authority under subsection 2 of section 8 c the contracts or class of contracts which are to be sealed with the common seal of the authority and the form and manner in which a contract may be made by the authority d the manner in which, and the conditions subject to which, any functions in relation to the matters referred to in subsections 1 and 2 of section 14 may be performed e the rule of the road on a national waterway f the safe, efficient and convenient use, management and control of the infrastructures and infrastructural facilities g the reception, porterage, storage and removal of goods brought on a national waterway, and the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to have been so damaged h regulating, declaring and defining the docks, wharfs, jetties, landing stages on which goods shall be landed from vessels and shipped on board vessels i regulating the manner in which and the conditions under which the loading and unloading of vessels on a national waterway shall be carried out and j the exclusion from a national waterway of disorderly or other undesirable persons and of trespassers 1k the terms and conditions for issue of bonds, debentures or other instruments l the time, place and the rules of procedure with regard to the transaction of business at its meetings including the quorum under subsection 1 of section 5a. 3 any regulation made under any of the clauses c to j of subsection 2 may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention. 1 ins. by act 40 0f , s. 7 w.e.f. .

section 37. of the inland waterways authority of india act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 36. of the inland waterways authority of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the uttar pradesh reorganisation act : 1 on and from the appointed day, thirtyfour sitting members of the council of states representing the existing state of uttar pradesh shall be deemed to have been elected to fill the seats allotted to the states of uttar pradesh and uttaranchal, as specified in the first schedule to this act. 2 the term of office of such sitting members shall remain unaltered.

section 2. of the uttar pradesh reorganisation act : show related subordinates in this act, unless the context otherwise requires, a appointed day 1 means the day which the central government may, by notification in the official gazette, appoint b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d election commission means the election commission appointed by the president under article 324 e existing state of uttar pradesh means the state of uttar pradesh as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing state of uttar pradesh g notified order means an order published in the official gazette h population ratio, in relation to the states of uttar pradesh and uttaranchal, means the ratio of :70 i sitting member, in relation to either house of parliament or of the legislature of the existing state of uttar pradesh, means a person who immediately before the appointed day, is a member of that house j successor state, in relation to the existing state of uttar pradesh, means the state of uttar pradesh or uttaranchal k transferred territory means the territory which on the appointed day is transferred from the existing state of uttar pradesh to the state of uttaranchal l treasury includes a subtreasury and m any reference to a district, tehsil or other territorial division of the existing state of uttar pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day. 1. 9th november, , vide notification no. s.o. 950e, dated 20th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the uttar pradesh reorganisation act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a entries 17 to 28 shall be renumbered as entries 18 to 29 respectively b in entry 16, for the figures 34, the figures 31 shall be substituted c after entry 16, the following entry shall be inserted, namely: 17.uttaranchal ....................................................................3.

section 1. of the uttar pradesh reorganisation act : this act may be called the uttar pradesh reorganisation act, .

section 3. of the uttar pradesh reorganisation act : on and from the appointed day, there shall be formed a new state to be known as the state of uttaranchal comprising the following territories of the existing state of uttar pradesh, namely: pauri garhwal, tehri garhwal, uttar kashi, chamoli, dehradun, nainital, almora, pithoragarh, udham singh nagar, bageshwar, champawat, rudraprayag and hardwar districts, and thereupon the said territories shall cease to form part of the existing state of uttar pradesh.

section 9. of the uttar pradesh reorganisation act : on and from the appointed day, there shall be allocated 80 seats to the successor state of uttar pradesh, and 5 to the successor state of uttaranchal, in the house of the people, and the first schedule to the representation of the people act, 43 of shall be deemed to be amended accordingly.

section 10. of the uttar pradesh reorganisation act : on and from the appointed day, the delimitation of parliamentary and assembly constituencies order, , shall stand amended as directed in the second schedule to this act.

section 4. of the uttar pradesh reorganisation act : on and from the appointed day, the state of uttar pradesh shall comprise the territories of the existing state of uttar pradesh other than those specified in section 3.

section 12. of the uttar pradesh reorganisation act : 1 the number of seats as on the appointed day in the legislative assemblies of the states of uttar pradesh and uttaranchal shall be four hundred and three and seventy respectively. 2 in the second schedule to the representation of the people act, 43 of , under heading i. states a entries 25 and 26 shall be renumbered as entries 26 and 27 respectively b after entry 24, the following entry shall be inserted, namely: 1 5 25. uttaranchal................................ 70 c in entry 26 as so renumbered, for the figures 425, the figures 403 shall be substituted.

section 5. of the uttar pradesh reorganisation act : on and from the appointed day, in the first schedule to the constitution, under the heading i. the states, a in the paragraph relating to the territories of the state of uttar pradesh, after the words, brackets and figures clause a of subsection 1 of section 3 of the bihar and uttar pradesh alteration of boundaries act, 24 of , the following shall be inserted, namely: and the territories specified in section 3 of the uttar pradesh reorganisation act, b after entry 26, the following entry shall be inserted, namely: 27. uttaranchal: the territories specified in section 3 of the uttar pradesh reorganisation act, ..

section 6. of the uttar pradesh reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the government of uttar pradesh or uttaranchal to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the state.

section 14. of the uttar pradesh reorganisation act : 1 on and from the appointed day and until the legislative assembly of the successor state of uttaranchal has been duly constituted and summoned to meet for the first session under the provisions of the constitution, a provisional legislative assembly of the state of uttaranchal, consisting of the twentytwo sitting members of the legislative assembly and nine members of the legislative council of the existing state of uttar pradesh representing the assembly constituencies or council constituencies of the territories transferred by virtue of the provisions of section 3 shall be constituted. 2 the provisional legislative assembly of the state of uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the constitution on the legislative assembly of that state. 3 the term of office of the members of the provisional legislative assembly of the state of uttaranchal shall, unless the said legislative assembly is sooner dissolved, expire immediately before the first meeting of the legislative assembly of the state of uttaranchal.

section 16. of the uttar pradesh reorganisation act : 1 the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of the existing state of uttar pradesh shall continue to be the speaker and deputy speaker respectively of that assembly on and from that day. 2 as soon as may be after the appointed day, the provisional legislative assembly of the successor state of uttaranchal shall choose two members of that assembly to be respectively speaker and deputy speaker thereof and until they are so chosen, the duties of the office of speaker shall be performed by such member of the assembly as the governor may appoint for the purpose.

section 13. of the uttar pradesh reorganisation act : 1 every sitting member of the legislative assembly of the existing state of uttar pradesh elected to fill a seat in that assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the state of uttaranchal shall, on and from that day, cease to be a member of the legislative assembly of uttar pradesh and shall be deemed to have been elected to fill a seat in the provisional legislative assembly of uttaranchal from that constituency as so allotted. 2 all other sitting members of the legislative assembly of the existing state of uttar pradesh shall continue to be members of the legislative assembly of that state and any such sitting member representing a constituency the extent or the name and extent of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the legislative assembly of uttar pradesh by that constituency as so altered. 3 notwithstanding anything contained in any other law for the time being in force, the legislative assemblies of uttar pradesh and uttaranchal shall be deemed to be duly constituted on the appointed day. 4 the sitting member of the legislative assembly of the existing state of uttar pradesh nominated to that assembly under article 333 to represent the angloindian community shall be deemed to have been nominated to represent the said community in the legislative assembly of uttar pradesh under that article.

section 11. of the uttar pradesh reorganisation act : 1 every sitting member of the house of the people representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor state of uttar pradesh or uttaranchal, shall be deemed to have been elected to the house of the people by that constituency as so allotted. 2 the term of office of such sitting members shall remain unaltered.

section 17. of the uttar pradesh reorganisation act : the rules of procedure and conduct of business of the legislative assembly of uttar pradesh as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of uttaranchal, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 15. of the uttar pradesh reorganisation act : the period of five years referred to in clause 1 of article 172 shall, in the case of the legislative assembly of the state of uttar pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the legislative assembly of the existing state of uttar pradesh.

section 21. of the uttar pradesh reorganisation act : the person who immediately before the appointed day is the deputy chairman of the legislative council of the existing state of uttar pradesh shall continue to be the deputy chairman, on and from that day of that council.

section 18. of the uttar pradesh reorganisation act : 118. legislative council of uttar pradesh.on and from the appointed day, there shall be one hundred seats in the legislative council of uttar pradesh, and in the third schedule to the representation of the people act, 43 of , for the existing entry 8, the following entry shall be substituted, namely: 8. uttar pradesh....................... . 1. subs. by act 7 of , s. 2, for section 18 w.e.f. .

section 25. of the uttar pradesh reorganisation act : on and from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the sixth schedule to this act.

section 19. of the uttar pradesh reorganisation act : on and from the appointed day, the delimitation of the council constituencies uttar pradesh order, shall stand amended as directed in the third schedule.

section 20. of the uttar pradesh reorganisation act : 1 on and from the appointed day, the sitting members of the legislative council of the existing state of uttar pradesh specified in the fourth schedule to this act shall cease to be members of that council and shall be deemed to be the members of the provisional legislative assembly. 2 on and from the appointed day, all sitting members of the legislative council of the existing state of uttar pradesh other than those referred to in subsection 1 shall continue to be members of that council. 3 the term of office of the members referred to in subsection 2 shall remain unaltered.

section 22. of the uttar pradesh reorganisation act : 1 for the purpose of giving effect to the provisions of section 12, the election commission shall determine in the manner hereinafter provided a the number of seats to be reserved for the scheduled castes and the scheduled tribes in the legislative assemblies of the states of uttar pradesh and uttaranchal, respectively, having regard to the relevant provisions of the constitution b the assembly constituencies into which each state referred to in clause a shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the scheduled castes or for the scheduled tribes and c the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each state referred to in clause a that may be necessary or expedient. 2 in determining the matters referred to in clauses b and c of subsection 1, the election commission shall have regard to the following provisions, namely: a all the constituencies shall be singlemember constituencies b all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public and c constituencies in which seats are reserved for the scheduled castes and the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 3 the election commission shall, for the purpose of assisting it in the performance of its functions under subsection 1, associate with itself as associate members, five persons as the central government may by order specify, being persons who are the members of the legislative assembly of the state or of the house of the people representing the state: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 4 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of subsection 3. 5 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified and c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 6 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the concerned state.

section 27. of the uttar pradesh reorganisation act : 1 such of the judges of the high court at allahabad holding office immediately before the appointed day as may be determined by the president shall on that day cease to be judges of the high court at allahabad and become, judges of the high court of uttaranchal. 2 the persons who by virtue of subsection 1 become judges of the high court of uttaranchal shall, except in the case where any such person is appointed to be the chief justice of that high court, rank in that court according to the priority of their respective appointments as judges of the high court at allahabad.

section 24. of the uttar pradesh reorganisation act : on and from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the fifth schedule to this act.

section 23. of the uttar pradesh reorganisation act : 1 the election commission may, from time to time by notification in the official gazette, a correct any printing mistakes in any order made under section 22 or any error arising therein from inadvertent slip or omission and b where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned legislative assembly.

section 26. of the uttar pradesh reorganisation act : 1 as from the appointed day, there shall be a separate high court for the state of uttaranchal hereinafter referred to as the high court of uttaranchal and the high court of judicature at allahabad shall become the high court for the state of uttar pradesh hereinafter referred to as the high court at allahabad. 2 the principal seat of the high court of uttaranchal shall be at such place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of uttaranchal may sit at such other place or places in the state of uttaranchal other than its principal seat as the chief justice may, with the approval of the governor of uttaranchal, appoint.

section 28. of the uttar pradesh reorganisation act : the high court of uttaranchal shall have, in respect of any part of the territories included in the state of uttaranchal, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court at allahabad.

section 34. of the uttar pradesh reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court at allahabad and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court of uttaranchal.

section 29. of the uttar pradesh reorganisation act : 1 on and from the appointed day, in the advocates act, 25 of , in section 3, in subsection 1, in clause a, for the words and uttar pradesh, the words uttar pradesh and uttaranchal shall be substituted. 2 any person who immediately before the appointed day is an advocate on the roll of the bar council of the existing state of uttar pradesh may give his option in writing, within one year from the ppointed day to the bar council of such existing state, to transfer his name on the roll of the bar council of uttaranchal and notwithstanding anything contained in the advocates act, 25 of and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the bar council of uttaranchal with effect from the date of the option so given for the purposes of the said act, and the rules made thereunder. 3 the persons other than the advocates who are entitled immediately before the appointed day, to practise in the high court at allahabad or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the high court of uttaranchal or any subordinate court thereof, as the case may be. 4 the right of audience in the high court of uttaranchal shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the high court at allahabad.

section 30. of the uttar pradesh reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court at allahabad shall, with the necessary modifications, apply in relation to the high court of uttaranchal, and accordingly, the high court of uttaranchal shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the high court at allahabad: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court at allahabad shall, until varied or revoked by rules or orders made by the high court of uttaranchal, apply with the necessary modifications in relation to practice and procedure in the high court of uttaranchal as if made by that court.

section 35. of the uttar pradesh reorganisation act : 1 except as hereinafter provided, the high court at allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. 2 such proceedings pending in the high court at allahabad immediately before the appointed day as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of uttaranchal shall, as soon as may be after such certification, be transferred to the high court of uttaranchal. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 28, but save as hereinafter provided, the high court at allahabad shall have, and the high court of uttaranchal shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court at allahabad before the appointed day: provided that if after any such proceedings have been entertained by the high court at allahabad, it appears to the chief justice of that high court that they ought to be transferred to the high court of uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at allahabad a before the appointed day, in any proceedings transferred to the high court of uttaranchal by virtue of subsection 2, or b in any proceedings with respect to which the high court at allahabad retains jurisdiction by virtue of subsection 3, shall for all purposes have effect, not only as an order of the high court at allahabad, but also as an order made by the high court of uttaranchal.

section 31. of the uttar pradesh reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court at allahabad shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of uttaranchal.

section 32. of the uttar pradesh reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court at allahabad shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of uttaranchal.

section 33. of the uttar pradesh reorganisation act : the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court at allahabad and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of uttaranchal.

section 36. of the uttar pradesh reorganisation act : any person who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the high court at allahabad and was authorised to appear in any proceedings transferred from that high court to the high court of uttaranchal under section 35, shall have the right to appear in the high court of uttaranchal in relation to those proceedings.

section 37. of the uttar pradesh reorganisation act : for the purposes of section 35 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 43. of the uttar pradesh reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing state of uttar pradesh shall, a if within the transferred territory, pass to the state of uttaranchal or b in any other case, remain the property of the state of uttar pradesh: provided that where the central government is of opinion that any goods or class of goods should be distributed among the states of uttar pradesh and uttaranchal, otherwise than according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor states accordingly: provided further that in case of any dispute relating to the distribution of any goods or class of goods under this subsection, the central government shall endeavour to settle such dispute through mutual agreement arrived at between the governments of the successor states for that purpose, failing which the central government may, on request by any of the governments of the successor states, after consulting both the governments of the successor states, issue such direction as it may deem fit for the distribution of such goods or class of goods, as the case may be, under this subsection. 2 stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor states in whose territories such institutions, workshops, undertakings or works are located. 3 stores relating to the secretariat and offices of heads of departments having jurisdiction over the whole of the existing state of uttar pradesh shall be divided between the successor states in accordance with such directions as the central government may, after consultation with the government of each successor states, think fit to issue for a just and equitable distribution of such stores. 4 any other unissued stores of any class in the existing state of uttar pradesh shall be divided between the successor states in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the territories of the existing state of uttar pradesh included respectively in each of the successor states: provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor states according to the population ratio. 5 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 38. of the uttar pradesh reorganisation act : nothing in this part shall affect the application to the high court of uttaranchal of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 39. of the uttar pradesh reorganisation act : the governor of uttar pradesh may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of uttaranchal as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislative assembly of the state of uttaranchal: provided that the governor of uttaranchal may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of uttaranchal for any period not extending beyond the said period of six months.

section 41. of the uttar pradesh reorganisation act : the president shall, by order, determine the share of the states of uttar pradesh and uttaranchal in its total amount payable to the existing state of uttar pradesh on the recommendation of the finance commission constituted under article 280 in such manner as he thinks fit.

section 40. of the uttar pradesh reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the existing state of uttar pradesh in respect of any period prior to the appointed day shall be submitted to the governor of each of the successor states of uttar pradesh and uttaranchal who shall cause them to be laid before the legislature of that state. 2 the president may by order a declare any expenditure incurred out of the consolidated fund of uttar pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised and b provide for any action to be taken on any matter arising out of the said reports.

section 42. of the uttar pradesh reorganisation act : 1 the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the existing state of uttar pradesh immediately before the appointed day. 2 the successor states shall be entitled to receive benefits arising out of the decisions taken by the predecessor state and the successor states shall be liable to bear the financial liabilities arising out of the decisions taken by the existing state of uttar pradesh. 3 the apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor states. 4 any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the central government on the advice of the comptroller and auditorgeneral of india.

section 44. of the uttar pradesh reorganisation act : the total of the cash balances in all treasuries of the state of uttar pradesh and the credit balances of the state with the reserve bank of india, the state bank of india or any other bank immediately before the appointed day shall be divided between the states of uttar pradesh and uttaranchal according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two states in the books of the reserve bank of india on the appointed day: provided further that if the state of uttaranchal has no account on the appointed day with the reserve bank of india, the adjustment shall be made in such manner as the central government may, by order, direct.

section 47. of the uttar pradesh reorganisation act : 1 the securities held in respect of the investments made from cash balances investment account or from any fund in the public account of the existing state of uttar pradesh as specified in the seventh schedule shall be apportioned in the ratio of population of the successor states: provided that the securities held in investments made from the calamity relief fund of the existing state of uttar pradesh shall be divided in the ratio of the area of the territories occupied by the successor states: provided further that the balance in the reserve funds in the public account of uttar pradesh created wholly out of appropriations from the consolidated fund of the existing state of uttar pradesh, to the extent the balances have not been invested outside government account, shall not be carried forward to similar reserve funds in the public account of the successor states. 2 the investments of the existing state of uttar pradesh immediately before the appointed day in any special fund, the objects of which are confined to a local area, shall belong to the state in which that area is included on the appointed day. 3 the investments of the existing state of uttar pradesh immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the cash balances investment account, shall pass to the state in which the principal seat of business of the undertaking is located. 4 where any body corporate constituted under a central act, state act or provincial act for the existing state of uttar pradesh or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, the investments in, or loans or advances to, any such body corporate by the existing state of uttar pradesh made before the appointed day shall, save as otherwise expressly provided by or under this act, be divided between the states of uttar pradesh and uttaranchal in the same proportion in which the assets of the body corporate are divided under the provisions of this part.

section 45. of the uttar pradesh reorganisation act : the right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor state in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included on the appointed day.

section 50. of the uttar pradesh reorganisation act : the liability of the state of uttar pradesh in respect of any floating loan to provide shortterm finance to any commercial undertaking shall be the liability of the state in whose territories the undertaking is located.

section 46. of the uttar pradesh reorganisation act : 1 the right of the existing state of uttar pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that state shall belong to the successor state in which that area is included on that day. 2 the right of the existing state of uttar pradesh to recover any loans or advances made before the appointed day to any person or institution outside that state shall belong to the state of uttar pradesh: provided that any sum recovered in respect of any such loan or advance shall be divided between the states of uttar pradesh and uttaranchal according to the population ratio

section 53. of the uttar pradesh reorganisation act : the liability of the existing state of uttar pradesh in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the state to which that government servant is permanently allotted.

section 48. of the uttar pradesh reorganisation act : 1 the assets and liabilities relating to any commercial or industrial undertaking of the state of uttar pradesh shall pass to the state in which the undertaking is located. 2 where a depreciation reserve fund is maintained by the state of uttar pradesh for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the state in which the undertaking is located.

section 56. of the uttar pradesh reorganisation act : where, immediately before the appointed day, the existing state of uttar pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor states of uttar pradesh or uttaranchal, be a liability of that successor state and b in any other case, be initially a liability of the state of uttar pradesh, but subject to such financial adjustment as may be agreed upon between the states of uttar pradesh and uttaranchal or, in default of such agreement, as the central government may, by order, direct.

section 51. of the uttar pradesh reorganisation act : the liability of the existing state of uttar pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor state in whose territories the property is situated, and the liability of the existing state of uttar pradesh to refund any other tax or duty collected in excess shall be the liability of the successor state in whose territories the place of assessment of that tax or duty is included.

section 52. of the uttar pradesh reorganisation act : 1 the liability of the existing state of uttar pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the state in whose area the deposit has been made. 2 the liability of the existing state of uttar pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the state in whose area the institution entitled to the benefit of the endowment is located or of the state to which the objects of the endowment, under the terms thereof, are confined.

section 49. of the uttar pradesh reorganisation act : 1 all liabilities on account of public debt and public account of the existing state of uttar pradesh outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor states unless a different mode of apportionment is provided under the provisions of this act. 2 the individual items of liabilities to be allocated to the successor states and the amount of contribution required to be made by one successor state to another shall be such as may be ordered by the central government in consultation with the comptroller and auditorgeneral of india: provided that till such orders are issued, the liabilities on account of public debt and public account of the existing state of uttar pradesh shall continue to be the liabilities of the successor state of uttar pradesh. 3 the liability on account of loan raised from any source and relent by the existing state of uttar pradesh to such entities as may be specified by the central government and whose area of operation is confined to either of the successor states shall devolve on the respective states as specified in subsection 4. 4 the public debt of the existing state of uttar pradesh attributable to loan taken from any source for the express purpose of relending the same to a specific institution and outstanding immediately before the appointed day shall, a if relent to any local body, body corporate or other institution in any local area, be the debt of the state in which the local area is included on the appointed day or b if relent to the uttar pradesh power corporation limited, the uttar pradesh jal vidyut nigam limited, the uttar pradesh rajya vidyut utpadan nigam limited, the uttar pradesh state road transport corporation, or the uttar pradesh housing board or any other institution which becomes an interstate institution on the appointed day, be divided between the states of uttar pradesh and uttaranchal in the same proportion in which the assets of such body corporate or institution are divided under the provisions of part vii. 5 where a sinking fund or a depreciation fund is maintained by the existing state of uttar pradesh for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor states of uttar pradesh and uttaranchal in the same proportion in which the total public debt is divided between the two states under this section. 6 in this section, the expression government security means a security created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause 2 of section 2 of the public debt act, 18 of .

section 58. of the uttar pradesh reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 54. of the uttar pradesh reorganisation act : the liability of the existing state of uttar pradesh in respect of pensions shall pass to, or be apportioned between, the successor states of uttar pradesh and uttaranchal in accordance with the provisions contained in the eighth schedule to this act.

section 55. of the uttar pradesh reorganisation act : 1 where, before the appointed day, the existing state of uttar pradesh has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor states of uttar pradesh and uttaranchal and b in any other case, of the state of uttar pradesh, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing state of uttar pradesh, be rights or liabilities of the state of uttaranchal or the state of uttar pradesh, as the case may be: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between the successor states of uttar pradesh and uttaranchal or in default of such agreement, as the central government may, by order, direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligation and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 57. of the uttar pradesh reorganisation act : where, immediately before the appointed day, the existing state of uttar pradesh is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the existing state of uttar pradesh shall, a if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the states of uttar pradesh or uttaranchal, be a liability of that successor state and b in any other case, be initially a liability of the state of uttar pradesh, subject to such financial adjustment as may be agreed upon between the states of uttar pradesh and uttaranchal or, in default of such agreements, as the central government may, by order, direct.

section 60. of the uttar pradesh reorganisation act : where the successor states of uttar pradesh and uttaranchal agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 59. of the uttar pradesh reorganisation act : the benefit or burden of any asset or liability of the existing state of uttar pradesh not dealt with in the foregoing provisions of this part shall pass to the state of uttar pradesh in the first instance, subject to such financial adjustment as may be agreed upon between the states of uttar pradesh and uttaranchal or, in default of such agreement, as the central government may, by order, direct.

section 66. of the uttar pradesh reorganisation act : 1 notwithstanding anything contained in the foregoing provisions of this part, each of the companies specified in the ninth schedule to this act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor states, or in any direction issued by the central government, continue to function in the areas in which it was functioning immediately before that day and the central government may from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law. 2 any directions issued under subsection 1 in respect of a company referred to in that subsection, may include directions a regarding the division of the interests and shares of existing state of uttar pradesh in the company among the successor states b requiring the reconstitution of the board of directors of the company so as to give adequate representation to all the successor states.

section 61. of the uttar pradesh reorganisation act : where, by virtue of any of the provisions of this part, any of the successor states of uttar pradesh and uttaranchal becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the appointed day by either of the states, that it is just and equitable that property or those benefits should be transferred to, or shared with, the other successor state, or that a contribution towards that liability should be made by the other successor state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order, determine.

section 62. of the uttar pradesh reorganisation act : all sums payable either by the state of uttar pradesh or by the state of uttaranchal to the other states or by the central government to either of those states, by virtue of the provisions of this act, shall be charged on the consolidated fund of the state by which such sums are payable or, as the case may be, the consolidated fund of india.

section 63. of the uttar pradesh reorganisation act : 1 the following bodies corporate constituted for the existing state of uttar pradesh, namely: a the uttar pradesh power corporation limited, the uttar pradesh jal vidyut nigam limited and the uttar pradesh rajya vidyut utpadan nigam limited b the uttar pradesh electricity regulatory commission and c the state warehousing corporation established under the warehousing corporations act, 58 of , shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the power corporation, commission or warehousing corporation shall include a direction that the act under which the power corporation, commission or warehousing corporation was constituted shall, in its application to that power corporation, commission or warehousing corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the power corporation, commission or warehousing corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on such date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states of uttar pradesh and uttaranchal in such manner as may be agreed upon between them within one year of the dissolution of the power corporation, commission or warehousing corporation, as the case may be, or if no agreement is reached, in such manner as the central government may, by order, determine: provided that any liabilities of any of the said power corporations referred to in clause a of subsection 1 relating to the unpaid dues of the coal supplied to the power corporation by any public sector coal company shall be provisionally apportioned between the corresponding power corporations constituted respectively in the successor states of the existing state of uttar pradesh or after the date appointed for the dissolution of the power corporation under this subsection in such manner as may be agreed upon between the governments of the successor states within one month of such dissolution or if no agreement is reached, in such manner as the central government may by order determine subject to reconciliation and finalisation of the liabilities which shall be completed within three months from the date of such dissolution by the mutual agreement between the successor states or failing such agreement by the direction of the central government: provided further that an interest at the rate of two per cent. higher than the cash credit interest shall be paid on outstanding unpaid dues of the coal supplied to the electricity corporation by the public sector coal company till the liquidation of such dues by the concerned state power corporation constituted in the successor states on or after the date appointed for the dissolution of the power corporation under this subsection. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of uttar pradesh or, as the case may be, the government of the state of uttaranchal from constituting, at any time on or after the appointed day, a state power corporation, an electricity regulatory commission or a state warehousing corporation for the state under the provisions of this act relating to such power corporation, commission or warehousing corporation and if such a power corporation, commission or warehousing corporation is so constituted in either of the states before the dissolution of the power corporation, commission or warehousing corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new power corporation, new commission or the new warehousing corporation to take over from the existing power corporation, commission or warehousing corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of the existing power corporation, commission or warehousing corporation, i any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board, new commission or the new warehousing corporation instead of to that state ii any employee who would otherwise have been transferred to or reemployed by that state under subsection 3, read with clause i of subsection 5, shall be transferred to or reemployed by the new power corporation, new commission or the new warehousing corporation instead of to or by that state. 5 an agreement entered into between the successor states under subsection 3 and an order made by the central government under that subsection or under clause a of subsection 4 may provide for the transfer or reemployment of any employee of the power corporation, commission or warehousing corporation referred to in subsection 1, i to or by the successor states, in the case of an agreement under subsection 2 or an order made under that subsection ii to or by the new power corporation, new commission or the new warehousing corporation constituted under subsection 4, in the case of an order made under clause a of that subsection, and, subject to the provisions of section 68, also for the terms and conditions of service applicable to such employees after such transfer or reemployment.

section 64. of the uttar pradesh reorganisation act : show related subordinates if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of part ii, outside the state in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may, after consultation with the government of each successor states wherever necessary, give such directions as it deems proper to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 65. of the uttar pradesh reorganisation act : 1 the uttar pradesh state financial corporation established under the state financial corporations act, 63 of shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the corporation may include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 notwithstanding anything contained in subsection 1 or subsection 2, the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court of uttar pradesh and uttaranchal as may be nominated in this behalf by the chief justice thereof, and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the states of uttar pradesh and uttaranchal from constituting, at any time on or after the appointed day, a state financial corporation for that state under the state financial corporations act, 63 of .

section 67. of the uttar pradesh reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of uttar pradesh or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction

section 74. of the uttar pradesh reorganisation act : 1 nothing in this section or in section 73 shall be deemed to affect on or after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the union or any state: provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of uttar pradesh or to the state of uttaranchal under section 73 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person, a if he is deemed to have been allocated to any state under section 73, shall be deemed to have been rendered in connection with the affairs of that state b if he is deemed to have been allocated to the union in connection with the administration of the uttaranchal, shall be deemed to have been rendered in connection with the affairs of the union, for the purposes of the rules regulating his conditions of service. 3 the provisions of section 73, shall not apply in relation to members of any allindia service.

section 68. of the uttar pradesh reorganisation act : 1 notwithstanding anything contained in section 89 of the motor vehicles act, 59 of , a permit granted by the state transport authority of the existing state of uttar pradesh or any regional transport authority in that state shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority of uttaranchal or any regional transport authority therein for the purpose of validating it for use in such area: provided that the central government may, after consultation with the successor state government or governments concerned add to amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be: provided further that the provisions of this subsection shall not be applicable where any such tolls, entrance fees or other charges of a like nature is leviable for the use of any road or bridge which is constructed or developed for commercial purpose by the state government, an undertaking of the state government, a joint undertaking in which the state government is a shareholder or a private sector.

section 69. of the uttar pradesh reorganisation act : where on account of the reorganisation of the existing state of uttar pradesh under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such cooperative society or undertaking, is transferred to, or reemployed by, any other body corporate, or in any other cooperative society or undertaking, then, notwithstanding anything contained in section 25f or section 25ff or section 25fff of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f or section 25ff or section 25fff of the industrial disputes act, 14 of on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 70. of the uttar pradesh reorganisation act : where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate firstmentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the incometax act, 43 of , shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 71. of the uttar pradesh reorganisation act : 1 the government of state of uttar pradesh or uttaranchal, as the case may be, shall, in respect of the institutions specified in the tenth schedule to this act, located in that state, continue to provide facilities to the people of the other state which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two state governments before the 1st day of december, or if no agreement is reached by the said date as may be fixed by order of the central government, 2 the central government may, at any time before the 1st day of december, , by notification in the official gazette, specify in the tenth schedule referred to in subsection 1 any other institution existing on the appointed day in the states of uttar pradesh and uttaranchal and on the issue of such notification, such schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 72. of the uttar pradesh reorganisation act : 1 in this section, the expression state cadre a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, and c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 in place of the cadres of the indian administrative service, indian police service and indian forest service for the existing state of uttar pradesh, there shall, on and from the appointed day, be two separate cadres, one for the state of uttar pradesh and the other for the state of uttaranchal in respect of each of these services. 3 the initial strength and composition of the state cadres referred to in subsection 2 shall be such as the central government may, by order, determine before the appointed day. 4 the members of each of the said services borne on the uttar pradesh cadre thereof immediately before the appointed day shall be allocated to the state cadres of the same service constituted under subsection 2 in such manner and with effect from such date or dates as the central government may, by order, specify. 5 nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the allindia services act, 61 of , or the rules made thereunder.

section 73. of the uttar pradesh reorganisation act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal : provided that every direction under this subsection issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the governments of the successor states. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in subsection 1 shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to a successor state shall, if he is not already serving therein be made available for serving in the successor state from such date as may be agreed upon between the governments concerned or in default of such agreement, as may be determined by the central government.

section 75. of the uttar pradesh reorganisation act : 1 every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing state of uttar pradesh in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in that successor state: provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.

section 82. of the uttar pradesh reorganisation act : 1 the board shall, ordinarily exercise jurisdiction in regard to any of the projects referred to in clause i of subsection 1 of section 79 over headworks barrages, dams, reservoirs, regulating structures, part of canal network and transmission lines necessary to deliver water or power to the states concerned. 2 if any question arises as to whether the board has jurisdiction under subsection 1 over any project referred thereto, the same shall be referred to the central government for decision thereon.

section 76. of the uttar pradesh reorganisation act : the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of any of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 77. of the uttar pradesh reorganisation act : the central government may give such directions to the state government of uttar pradesh and the state government of uttaranchal as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 78. of the uttar pradesh reorganisation act : 1 the public service commission for the existing state of uttar pradesh shall, on and from the appointed day, be the public service commission for the state of uttar pradesh. 2 the persons holding office immediately before the appointed day as the chairman or other member of the public service commission for the existing state of uttar pradesh shall, as from the appointed day, be the chairman or, as the case may be, the other member of the public service commission for the state of uttar pradesh. 3 every person who becomes the chairman or other member of the public service commission for the state of uttar pradesh on the appointed day under subsection 2, shall a be entitled to receive from the government of the state of uttar pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him b subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day. 4 the report of the uttar pradesh public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of the states of uttar pradesh and uttaranchal, and the governor of the state of uttar pradesh shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of uttar pradesh and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of the state of uttaranchal.

section 79. of the uttar pradesh reorganisation act : 1 notwithstanding anything contained in this act but subject to the provisions of section 80, all rights and liabilities of the existing state of uttar pradesh in respect of water resource projects in relation to i ganga and its tributaries traversing the successor states excluding the upper yamuna river up to okhla and ii upper yumuna river and its tributaries up to okhla, shall, on the appointed day, be the rights and liabilities of the successor states in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said states after consultation with the central government, or, if no such agreement is entered into within two years of the appointed day, then, the central government may, by order, determine within one year having regard to the purposes of the project: provided that the order so made by the central government may be varied by any subsequent agreement entered into by the successor states after consultation with the central government. 2 an agreement or order referred to in subsection 1 shall, where an extension or further development of any of the projects referred to in that subsection after the appointed day is undertaken, be the rights and liabilities of the successor states in relation to such extension or further development. 3 the rights and liabilities referred to in subsections 1 and 2 shall include a the right to receive and utilise the water available for distribution as a result of the projects and b the right to receive and utilise the power generated as a result of the projects, but shall not include the rights and liabilities under any contract entered into before the appointed day by the government of the existing state of uttar pradesh with any person or authority other than government

section 80. of the uttar pradesh reorganisation act : show related subordinates 1 the central government shall constitute a board to be called the ganga management board hereinafter referred to as the board for administration, construction, maintenance and operation of projects referred to in subsection 1 of section 79 for any or for a combination of the following purposes, namely: i irrigation ii rural and urban water supply iii hydro power generation iv navigation v industries and vi for any other purpose which the central government may, by notification in the official gazette, specify. 2 the board shall consist of a a wholetime chairman to be appointed by the central government in consultation with the successor states b two full time members, one from each of the successor states, to be nominated by the respective state government c four parttime members, two from each of the successor states, to be nominated by the respective state government d two representatives of the central government to be nominated by that government. 3 the functions of the board shall include a the regulation of supply of water from the projects referred to in clause i of subsection 1 of section 79 to the successor states having regard to i any agreement entered into or arrangement made covering the government of existing state of uttar pradesh and any other state or union territory, and ii the agreement or the order referred to in subsection 2 of section 79 b the regulation of supply of power generated at the projects referred to in clause i of subsection 1 of section 79, to any electricity board or other authority incharge of the distribution of power having regard to i any agreement entered into, or arrangement made covering the government of the existing state of uttar pradesh and any other state or union territory, and ii the agreement or the order referred to in subsection 2 of section 79 c the construction of such of the remaining ongoing or new works connected with the development of the water resources projects relating to the rivers or their tributaries as the central government may specify by notification in the official gazette d such other functions as the central government may, after consultation with the successor states entrust to it.

section 81. of the uttar pradesh reorganisation act : 1 the board may employ such staff, as it may consider necessary for the efficient discharge of its functions under this act. such staff shall at the first instance, be appointed on deputation from the successor state failing which through any other method: provided that every person who, immediately before the constitution of the said board, was engaged in the construction, maintenance or operation of the works relating to the projects referred to in clause i of subsection 1 of section 79 shall continue to be so employed under the board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the central government, by order, directs otherwise: provided further that the said board may, in consultation with the government of the successor state or the electricity board concerned and with the prior approval of the central government, retain any such person for service under that state government or board. 2 the government of the successor states shall at all times provide the necessary funds to the board to meet all expenses including the salaries and allowances of the staff required for the discharge of its functions and such amounts shall be apportioned between the states concerned in such proportion as the central government may, having regard to the benefits to each of the said states specify. 3 the board shall be under the control of the central government and shall comply with such directions, as may, from time to time, be given to it by that government. 4 the board may delegate such of its powers, functions and duties as it may deem fit to the chairman of the said board or to any officer subordinate to the board. 5 the central government may, for the purpose of enabling the board to function efficiently, issue such directions to the state governments concerned, or any other authority, and the state governments, or the other authority shall comply with such directions.

section 87. of the uttar pradesh reorganisation act : for the purpose of facilitating the application in relation to the state of uttar pradesh or uttaranchal of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law in its application to a state, the state government.

section 83. of the uttar pradesh reorganisation act : the board may make regulations consistent with the act and the rules made thereunder, to provide for a regulating the time and place of meetings of the board and the procedure to be followed for the transaction of business at such meetings b delegation of powers and duties of the chairman or any officer of the board c the appointment and regulation of the conditions of service of the officers and other staff of the board d any other matter for which regulations are considered necessary by the board.

section 89., for exercising statutory functions. of the uttar pradesh reorganisation act : the government of the state of uttaranchal, as respects the transferred territory may, by notification in the official gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 84. of the uttar pradesh reorganisation act : 1 the utilisable water resources of the yamuna river up to okhla, as allocated, before the appointed day, to the existing state of uttar pradesh under the memorandum of undertakings, dated the 12th may, shall be further allocated between the successor states by mutual agreement within a period of two years, failing which, the central government shall, by order, determine the allocation of such water resource between the successor states within a further period of one year. 2 the state of uttaranchal shall, on the appointed day, be inducted as a member of the upper yamuna board constituted for the implementation of the memorandum of undertaking referred to in subsection 1.

section 85. of the uttar pradesh reorganisation act : on and from the appointed day, in section 15 of the states reorganisation act, , in clause b, for the words uttar pradesh and madhya pradesh, the words uttar pradesh, uttaranchal and madhya pradesh shall be substituted.

section 90. of the uttar pradesh reorganisation act : where, immediately before the appointed day, the existing state of uttar pradesh is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the states of uttar pradesh and uttaranchal under this act, the state of uttar pradesh or uttaranchal which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of uttar pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.

section 91. of the uttar pradesh reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than high court, tribunal, authority or officer in any area which on that day falls within the state of uttar pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of uttaranchal state, stand transferred to the corresponding court, tribunal, authority or officer of that state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1 it shall be referred to the high court at allahabad and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in the state of uttaranchal means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority, or officer in that state, as may be determined after the appointed day by the government of that state or the central government, as the case may be, or before the appointed day by the government of the existing state of uttar pradesh to be the corresponding court, tribunal, authority or officer.

section 86. of the uttar pradesh reorganisation act : the provisions of part ii shall not be deemed to have affected any change in the territories to which the uttar pradesh imposition of ceiling of land holding act, u.p. act 1 of and any other law in force immediately before the appointed day, extends or applies, and territorial references in any such law to the state of uttar pradesh shall, until otherwise provided by a competent legislature or other competent authority be construed as meaning the territories within the existing state of uttar pradesh before the appointed day.

section 88. of the uttar pradesh reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 87 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of uttar pradesh or uttaranchal, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority

section 94. of the uttar pradesh reorganisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day. 2 every order made under this section shall be laid before each house of parliament.

section 93. of the uttar pradesh reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 92. of the uttar pradesh reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing state of uttar pradesh shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of uttaranchal.

section 8. of the kalakshetra foundation act : show related subordinates 1 with effect from such date as the central government may, by notification, appoint in this behalf there shall be established a foundation to be called the kalakshetra foundation. 2 the foundation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the office of the foundation shall be located at thiruvanmiyur, madras.

section 1. of the kalakshetra foundation act : show related subordinates 1 this act may be called the kalakshetra foundation act, . 2 it shall be deemed to have come into force on the 29th day of september, .

section 2. of the kalakshetra foundation act : show related subordinates whereas the objects of the institution known as kalakshetra at adyar, madras in the state of tamil nadu, founded by the late thirumathi rukmini devi arundale, are such as to make the institution one of national importance, it is hereby declared that the institution known as kalakshetra is an institution of national importance.

section 5. of the kalakshetra foundation act : show related subordinates 1 the right, title and interest vested in the central government under section 4 shall be deemed to include all the assets, rights, leaseholds, powers, authorities, licences and privileges all property movable and immovable including lands and buildings musical instruments equipments used in teaching, training and staging of performing arts tools and facilities used in arts and crafts costumes and decorative items books stationery, furniture and other equipments used in libraries and laboratories works of art and artefacts stores, automobiles and other vehicles workshops cash balances, funds including reserve funds, investments and all other rights and interests arising out of such assets and properties as were immediately before the commencement of this act in the possession ownership, power or control of the board of trustees or any other body, in whatever capacity, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto. 2 all assets and properties as aforesaid which have vested in the central government under section 4 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them or of any attachment, injunction, decree or order of any court or other authority restricting the use of such assets or properties in any manner, or appointing any receiver in respect of the whole or any part of such assets and properties shall be deemed to have been withdrawn. 3 any licence, permission, authority, concession, facility, privilege, affiliation or any other instrument of similar nature granted to the board of trustees or any other body, in whatever capacity, in relation to the assets and properties of kalakshetra or any of its constituent units which has vested in the central government under section 4, at any time before the commencement of this act and in force immediately before such commencement, shall continue to be in force on and after such commencement in accordance with its tenor in relation to, and for purposes of, such assets and properties, or where the direction under section 6 has been issued, the foundation shall be deemed to be substituted in such licence, permission, authority, concession, facility, privilege affiliation or other instrument, as if it had been granted to the foundation and the foundation shall hold it for the remainder of the period for which the board of trustees or any other body, in whatever capacity, would have held it under the terms thereof. 4 if, on the commencement of this act, any suit, appeal or other proceeding of whatever nature in relation to any assets or properties which have vested in the central government under section 4, instituted or preferred by the board of trustees is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of such transfer and vesting, or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced, by the central government or where the right, title and interest in relation to such assets and properties are directed under section 6 to vest in the foundation, by the foundation.

section 7. of the kalakshetra foundation act : show related subordinates 1 on the vesting in the central government of the assets and properties of kalakshetra, all persons in charge of the managementof the said assets and properties immediately before the date of such vesting, shall be bound to deliver to the central government or to the foundation or to such person or body of persons as the central government or the foundation may specify in this behalf, all assets, properties, books of account, registers or other, documents in their custody relating to the assets and properties of kalakshetra. 2 every person who has, in his possession or control any assets, properties, books, documents or other papers relating to kalakshetra which have vested in the central government or the foundation under this act, and which belong to, kalakshetra or would have so belonged if kalakshetra had not vested in the central government or the foundation, shall be liable to account for the said assets, properties, books, documents and other papers to the central government or the foundation, as the case may be, and shall deliver them up to the central government or the foundation or to such person or body of persons as the central government or the foundation may specify in this behalf. 3 the central government shall take or cause to be taken all necessary steps for securing possession of assets and properties of kalakshetra which have vested in it under section 4.

section 4. of the kalakshetra foundation act : show related subordinates on the commencement of this act, the right, title and interest in relation to the assets and properties of kalakshetra specified in the second schedule and vested in the board of trustees or any other body, in whatever capacity, shall stand transferred to, and vest in, the central government.

section 9. of the kalakshetra foundation act : show related subordinates the objects of the foundation shall be, i to emphasise the essential unity of all true arts ii to work for the recognition of the arts as vital to the individual, national and international growth iii to maintain the highest traditions of art and culture in their pristine purity and in conformity with traditions iv to arrange for the training, research, study, teaching and development of art and science, music, dancedrama, fine arts, and bharatnatyam and v to ensure that the principles of education without fear and art without vulgarity are adhered to in the activities of the foundation and not to permit any deviation from these high ideals

section 3. of the kalakshetra foundation act : show related subordinates in this act, unless the context otherwise requires, a academic committee means the academic committee constituted under section 15 b appointed day means the date on which the foundation is established under subsection 1 of section 8 c board of trustees means the board of trustees managing the affairs of kalakshetra under the scheme writ approved by the madras high court in petition no. 716 of d constituent units means the units of kalakshetra specified in the first schedule e director means the director appointed under subsection 1 of section 19 f finance committee means the finance committee constituted under subsection 1 of section 17 g foundation means the kalakshetra foundation established under subsection 1 of section 8 h fund means the fund of the foundation referred to in section 22 i governing board means the governing board constituted under section 11 j kalakshetra means the institution known as kalakshetra founded by the late thirumathi rukmini devi arundale, situated at adyar, madras, and includes its constituent units k notification means a notification published in the official gazette l member means a member of the governing board and includes the chairperson thereof m prescribed means prescribed by rules made under this act n regulations means regulations made under section 32 o schedule means a schedule annexed to this act p state government means the government of tamil nadu.

section 11. of the kalakshetra foundation act : show related subordinates the governing board shall consist of a a chairperson, who shall be a person of high eminence in public life, to be appointed by the central government b not more than twelve members to be nominated by the central government from amongst persons who i have rendered valuable service to kalakshetra ii have been connected with, or have knowledge of art, culture, folk arts and crafts iii are eminent artistes and iv are patrons of art and culture c two persons, possessing one or more of the qualifications referred to in subclauses i to iv of clause b, to be nominated by the state government d two officers of the central government, not below the rank of a deputy secretary, to be nominated by that government, to represent the ministry of the central government dealing with culture, ex officio e one officer of the state government, not below the rank of joint secretary, to be nominated by that government, to represent the department of education of that government, ex officio and f the director, ex officio.

section 6. of the kalakshetra foundation act : show related subordinates 1 notwithstanding anything contained in sections 4 and 5, the central government shall direct, by notification, that the right, title and interest in relation to the assets and properties of kalakshetra, which had vested in it under section 4, shall vest in the foundation on such date, not being a date earlier than the date of commencement of this act, as may be specified in the notification. 2 on and from the date of vesting of the right, title and interest in relation to the assets, and properties of kalakshetra in the foundation under subsection 1, a the foundation shall be deemed to have become the owner of the assets and properties and b the rights and liabilities of the central government, in relation to such assets and properties shall be deemed to have become the rights and liabilities respectively of the foundation.

section 13. of the kalakshetra foundation act : show related subordinates 1 the governing board shall meet at least twice in a year at madras at such time as may be fixed by the chairperson of the governing board. 2 all decisions at the meeting of the governing board shall be taken by majority of the members present and voting: provided that in the case of equality of votes the chairperson of the governing board shall have a casting vote. 3 the governing board shall observe such procedure in regard to the transaction of its business at its meetings including the quorum at its meetings as may be specified by regulations. 4 no act or proceeding of the governing board shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the governing board or b any defect in the nomination of a person acting as a member of the governing board or c any irregularity in the procedure of the governing board not affecting the merits of the case.

section 10. of the kalakshetra foundation act : show related subordinates 1 the foundation shall consist of the following, authorities, namely: a the governing board b the academic committee and c the finance committee. 2 in the discharge of functions and exercise of powers under this act, the authorities referred to in subsection 1 shall be guided by the objects specified in section 9.

section 12. of the kalakshetra foundation act : show related subordinates 1 the term of office of the members shall be five years from the date of constitution of the governing board. 2 if a casual vacancy occurs in the office of a member nominated under clause b or clause c of section 11, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by making fresh nomination and the member so nominated shall hold office for the remainder of the term of office of the member in whose place he is so nominated. 3 an outgoing, member shall be eligible for renomination. 4 a member may resign his office by writing under his hand addressed to the central government but shall continue in office until his resignation is accepted by that government. 5 the members nominated under clauses b and c of section 11, shall be entitled to such allowances as may be prescribed.

section 14. of the kalakshetra foundation act : show related subordinates 1 the governing board shall be the supreme authority of the foundation and the general superintendence, direction and management of the affairs of the foundation shall vest in the governing board. 2 the governing board shall exercise such powers and discharge such functions as may be prescribed.

section 21. of the kalakshetra foundation act : show related subordinates for the purpose of enabling the foundation to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the foundation in each financial year, such sums of money, on such terms and conditions as that government may determine, by way of grant, loan or otherwise.

section 15. of the kalakshetra foundation act : show related subordinates 1 the academic committee shall consist of a the director b the heads of the constituent units c three distinguished persons in the field of art and culture including dance, music, folk arts and crafts, to be nominated by the central government and d one person to be nominated by the state government, representing the department of education of that government. 2 the tenure of office and other terms and conditions of the members of the academic committee shall be such as may be specified by regulations. 3 the academic committee shall observe such procedure in regard to the transaction of its business at its meetings including the quorum at the meetings as may be specified by regulations.

section 16. of the kalakshetra foundation act : show related subordinates the academic committee shall be responsible for the maintenance of standards of education, training and examination conducted by the constituent units and shall exercise such other powers and perform such other functions as may be assigned to it, from time to time, by the governing board.

section 18. of the kalakshetra foundation act : show related subordinates the finance committee shall i scrutinise the annual statement of accounts and budget estimates of the foundation prepared by the director and make recommendations to the governing board ii prescribe the limits of the recurring and nonrecurring expenditure of the foundation for each financial year iii review the financial position of the foundation from time to time and have an internal audit conducted and iv perform such other functions as may be prescribed.

section 17. of the kalakshetra foundation act : show related subordinates 1 the finance committee shall consist of a the financial adviser to the government of india or his nominee in the ministry of the central government dealing with culture b an officer of the central government, not below the rank of a deputy secretary, to be nominated by that government c an officer of the state government not below the rank of a deputy secretary, to be nominated by that government, representing the department of finance of that government and d the director. 2 the finance committee shall observe such procedure in regard to the transaction of the business at its meetings as may be specified by regulations.

section 22. of the kalakshetra foundation act : show related subordinates 1 the foundation shall have its own fund and all sums which may, from time to time, be paid to it by the central government and all receipts of the foundation including any sum to which the state government or any other authority or person may pay to the foundation shall be credited to the fund and all payments by the foundation shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the governing board. 3 the foundation may spend such sums as it may think fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the foundation.

section 20. of the kalakshetra foundation act : show related subordinates on and from the appointed day, every officer or other employee, employed immediately before the appointed day in connection with the affairs of kalakshetra shall become an officer or other employee of the foundation and shall hold office by the same tenure and remuneration and on the same terms and conditions as to pension, gratuity and other matters as he would have held under the board of trustees or any other body, in whatever, capacity, if this act had not been passed and shall continue to do so, unless and until his employment in the foundation is terminated or until his tenure, remuneration and other terms and conditions are duly altered by the foundation: provided that the tenure, remuneration and other terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the central government.

section 19. of the kalakshetra foundation act : show related subordinates 1 the central government shall, by notification, appoint a director who shall be the principal executive officer of the foundation and who shall be responsible for the proper administration of the affairs of the foundation and its daytoday management and shall exercise such other powers and perform such other duties as may be assigned to him by the governing board. 2 the director shall prepare the annual statement of accounts and budget estimates of the foundation for scrutiny by the finance committee. 3 the director shall be a whole time employee of the foundation and shall be entitled to such salary and allowances out of the fund and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters, as may be prescribed.

section 23. of the kalakshetra foundation act : show related subordinates the foundation shall prepare, in such form and at such time each year, as may be prescribed, the budget in respect of the financial year next ensuring showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 30. of the kalakshetra foundation act : show related subordinates every member of the governing board, academic committee and the finance committee and the director of the foundation shall be indemnified by the foundation against all losses and expenses incurred by them in relation to the discharge of their duties, except such as are caused by their wilful act or default.

section 24. of the kalakshetra foundation act : show related subordinates 1 the foundation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be approved by the comptroller and auditorgeneral of india. 2 the accounts of the foundation shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the foundation to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the foundation shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the foundation. 4 the accounts of the foundation as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 25. of the kalakshetra foundation act : show related subordinates 1 the foundation shall furnish to the central government at such time and in such form and in such manner, as may be prescribed, or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the objects of the foundation, as the central government may, from time to time, direct. 2 without prejudice to the provisions of subsection 1, the foundation shall, as soon as possible after the end of each financial year, submit to the central government an annual report in such form and before such date as may be prescribed, giving a true and full account of its activities and programmes during the previous year 3 a copy of the report received under subsection 2 shall be laid, as soon as may be, after it is received, before each house of parliament.

section 26. of the kalakshetra foundation act : show related subordinates the foundation shall not, except with the previous approval of the central government, sell or otherwise dispose of any property vested in the foundation.

section 27. of the kalakshetra foundation act : show related subordinates 1 the central government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the foundation, such directions as it thinks fit. 2 without prejudice to the generality of the foregoing powers, such directions may include directions requiring the foundation a to make or amend any regulation within such period as may be specified in the direction and b to give priority to the work undertaken or to be undertaken by the foundation in such manner as the central government may think fit to specify in this behalf. 3 any direction issued under this section shall have effect notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the kalakshetra society.

section 28. of the kalakshetra foundation act : show related subordinates 1 the central government may, by notification and for reasons to be specified therein, dissolve, the foundation from such date and for such period as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the foundation to make representation against the proposed dissolution. 2 when the foundation is dissolved under subsection 1, a all members of the governing board, academic committee and the finance committee, notwithstanding that the terms of their office had not expired, shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the governing board, academic committee and the finance committee shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all properties and assets vested in the foundation shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the foundation shall be reconstituted in accordance with the provisions of this act.

section 29. of the kalakshetra foundation act : show related subordinates no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the foundation or member or director or any officer of the foundation for anything which is in good faith done or intended to be done under this act.

section 35. of the kalakshetra foundation act : show related subordinates 1 the kalakshetra foundation ordinance, ord. 31 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 32. of the kalakshetra foundation act : show related subordinates 1 the foundation may make regulations, not inconsistent this act and the rules made thereunder, for enabling it to discharge its functions under this act: 2 without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the management of the properties and funds, affairs and works of the foundation b the procedure in regard to transaction of business of the governing board and the academic committee including quorum at their meetings and the transaction of business of the finance committee under subsection 3 of section 13, subsection 3 of section 15 and subsection 2 of section 17 c creation or abolition of posts and the procedure for appointment of the professional, administrative and ministerial staff d the tenure of office and other terms and conditions of the members of the academic committee under subsection 2 of section 15 and e the maintenance of accounts, registers and other records of the foundation. 3 no regulation made by the foundation shall have effect until it has been approved by the central government and published in the official gazette, and the central government, in approving the regulation, may make changes therein which appear to it to be necessary.

section 31. of the kalakshetra foundation act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the allowances to the members under subsection 5 of section 12 b the powers which the governing board shall exercise and the functions which it shall discharge under subsection 2 of section 14 c functions to be performed by the finance committee, under clause iv of section 18 d the salary and allowances and other terms and conditions of service of the director under subsection 3 of section 19 e the form and the manner in which the budget is to be prepared by the governing board under section 23 f the form and the manner in which, and the time at which, the returns, statements and the annual report shall be prepared under section 25 g any other matter which has to be, or may be, prescribed.

section 33. of the kalakshetra foundation act : show related subordinates every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 34. of the kalakshetra foundation act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years, from the commencement of this act. 2 every order made under this section shall be laid as soon as may be after it is made, before each house of parliament.

section 8. of the delhi and ajmermerwara land development act : 1 the land development commissioner may, with the approval of the board, make a grant or advance a loan to any person for carrying out any work under any scheme on such terms and conditions as may be prescribed. 2 the amount of loan, or any instalment thereof or interest thereon which may be due but not repaid in accordance with the terms and conditions of the loan may, without prejudice to any other remedy provided by law, be recovered as arrears of land revenue.

section 1. of the delhi and ajmermerwara land development act : 1 this act may be called the delhi and ajmermerwara land development act, . 2 it extends to the 1states of delhi and 2ajmer. 3 it shall come into force in each of the said 1states on such date3 as the chief commissioner of that 4state may, by notification in the official gazette, appoint in this behalf. 1. subs. by a.o. , for provinces. 2. subs., ibid., for ajmermerwara. 3.1st november, , vide notification no. f /a146, dated 29th october, , see gazette of india, extraordinary, part ii, sec. 3i. 4. subs. by a.o. , for province.

section 7. of the delhi and ajmermerwara land development act : the board may, by notification in the official gazette, make regulations for the purpose of carrying out the objects of the scheme or in respect of any matter supplementary or incidental thereto, and any regulations so made shall also be published by the board in the manner prescribed.

section 2. of the delhi and ajmermerwara land development act : in this act, unless there is anything repugnant in the subject or context, a board means the land development board constituted for the 2state under section 3 b owner, in relation to any land, means i a person having a proprietary right in the land and includes a usufructuary mortgagee of such right and, in the 2state of 1ajmer, an istimrardar, a jagirdar a muafidar, and a bhumia and ii a tenant of the land as hereinafter defined c prescribed means prescribed by rules made under this act d reclamation includes cultivation, afforestation and any other improvement of land and e tenant includes a usufructuary mortgagee of the rights of a tenant. 1. subs., ibid., for ajmermerwara. 2. subs. by a.o. , for province.

section 3. of the delhi and ajmermerwara land development act : 1 as soon as may be after the commencement of this act, the chief commissioner shall, by notification in the official gazette, appoint an officer to be called the land development commissioner and constitute for the 1state a land development board consisting of the following members, namely: a the land development commissioner, who shall be the chairman of the board, b two official members who shall be persons of experience in agriculture or irrigation engineering, and c two nonofficial members. 2 a nonofficial member may, at any time by notice in writing to the chairman, resign his office. 3 the chief commissioner may, at any time, remove from the board any member who is guilty of any action involving moral turpitude. 4 no act done by the board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board. 5 if there is a difference of opinion among the members of the board regarding any question the decision of the majority of the members present and voting shall prevail, and in case of equality of votes the chairman shall have a casting vote. 6 the board may appoint one of the official members to be the secretary of the board. 7 the chief commissioner may invest the land development commissioner with all or any of the powers of a deputy commissioner or a collector under any law for the time being in force in the 2state of delhi or 3ajmer, as the case may be. 1. subs. by a.o. , for province. 2. subs. by a.o. , for province. 3. subs., ibid., for ajmermerwara.

section 9. of the delhi and ajmermerwara land development act : 1 in making any scheme or any regulation under section 7, the board may provide that the contravention of such provisions of the scheme or of such regulations as may be specified by it, shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. 2 no person shall be prosecuted for any contravention specified in subsection 1 except on complaint in writing by the land development commissioner.

section 4. of the delhi and ajmermerwara land development act : 1 the board shall prepare a land development scheme for the 1state providing for one or more of the following matters, namely: i preservation and improvement of soil ii prevention of soil erosion iii improvement of water supply by the utilization of water in rivers or rivulets, tubewells, boring or construction of wells, conservation of rain water by constructing dams, or by use of power iv improvement in the methods of cultivation v introduction of dry farming methods vi supply of seed, improved implements of agriculture, manure and fertilizers vii development of horticulture and planting of fruit trees viii reclamation of land lying waste through waterlogging, accumulation of sand, growth of jungle, soil erosion or any other cause. ix cultivation of land lying uncultivated owing to the negligence or incapacity or absence of the owner x regulation or prohibition of grazing and browsing xi control and maintenance of treegrowth. xii regulation or prohibition of firing of vegetation xiii planting or sowing of trees, shrubs and grasses for the purpose of afforesting uncultivable land or providing shelterbeds against wind or sand or for any other purpose xiv protection from locusts and other pests and xv any other matter which may be prescribed. 2 every scheme prepared under subsection 1 shall contain the following particulars, namely: i the objects of the scheme ii details of the area to be covered by the scheme iii the work or kind of work to be carried out under the scheme iv the agency or agencies through which the work shall be carried out v the approximate estimated cost of the scheme and the method of financing it vi the duties and obligations, financial or other, of the government as well as of the owners of the area concerned and vii any other particulars which may be prescribed. 1. subs. by a.o. , for province.

section 5. of the delhi and ajmermerwara land development act : 1 the chief commissioner shall, after the board has prepared the scheme under section 4 a appoint an inquiry officer, and b cause the scheme to be published in the manner prescribed inviting suggestions from persons affected by it within such time and in such manner as may be prescribed. 2 the chief commissioner shall, after considering the record of the inquiry and the report of the inquiry officer and after consulting the board, submit the scheme with his report to the central government which may either sanction the scheme with or without modification or reject it.

section 11. of the delhi and ajmermerwara land development act : where under the scheme any work is carried out by the owner or by the land development commissioner at the expense of the owner, and the work is in the opinion of the board likely to benefit any other land in the area covered by the scheme, the owners of such other land shall be liable to contribute towards the expenses of carrying out the work such amount as the board may determine: provided that the chief commissioner may remit the whole or any part of the contribution so payable in respect of any work carried out on land belonging to the government.

section 6. of the delhi and ajmermerwara land development act : every scheme sanctioned under section 5 shall be published by the land development commissioner in the prescribed manner and shall come into force on such date as may be specified by him.

section 15. of the delhi and ajmermerwara land development act : if any person shown in a statement prepared under section 14 as liable to maintain and keep in repair the work fails to effect such repairs or renewals or to do so within such time, as the land development commissioner may by order specify, the land development commissioner may get the repairs or renewals done by such agency as he thinks fit, and the expenses incurred by him in so doing shall be recovered from the said person as arrears of land revenue.

section 10. of the delhi and ajmermerwara land development act : 1 where under the scheme any work is to be carried out on any land at the expense of the owner or owners thereof, and such owner, or any of such owners, is willing to carry out the work, he may give notice to that effect in writing to the land development commissioner within twentyone days of the coming into force of the scheme. 2 on receipt of such notice the land development commissioner shall furnish the owner with full details of the work, and fix the date before which the owner shall carry out the work. 3 if the owner fails to carry out the work to the satisfaction of the land development commissioner before the date fixed by him, or if the owner at any time informs the land development commissioner in writing of his inability to do so, the land development commissioner may get the work carried out by such agency as he thinks fit and the expenses incurred by him in carrying out the work shall be recovered from the owner as arrears of land revenue. 4 where any work is carried out in pursuance of this section by one or more of several owners, the other owners shall be liable to contribute towards the expenses incurred by him or them such amount as the board may determine.

section 16. of the delhi and ajmermerwara land development act : where any land in which a tenant has a right of occupancy has benefited by work carried out under the scheme by or at the expense of the owner of the land, and the tenant has not made any contribution to the expenses thereof, the revenue officer having jurisdiction shall, on application made by the owner in this behalf, enhance, in accordance with such principles as may be prescribed, the rent payable by he tenant in respect of the land, anything contained in any law to the contrary notwithstanding.

section 12. of the delhi and ajmermerwara land development act : the amount of contribution determined by the board under subsection 4 of section 10 or section 11 shall be paid by the persons concerned within such time as may be specified by the board, and in default of such payment shall be recovered from those persons as arrears of land revenue and paid to the persons entitled to the contribution.

section 13. of the delhi and ajmermerwara land development act : notwithstanding anything contained in the scheme, the board may direct that the work to be carried out or remaining to be carried out or any land by the owners thereof shall be carried out by the land development commissioner, and that the whole or any specified part of the expenses of carrying out the work shall be recovered as arrears of land revenue from the owners of the land in such proportion, at such times, and in such instalments, as the board may fix, having regard to the amount to be recovered and the nature and extent of the rights of the owners in the land.

section 17. of the delhi and ajmermerwara land development act : 1 any member, officer, subordinate or workman of the board or any other person authorised by the land development commissioner in this behalf may, after giving such notice as may be prescribed to the owner in possession of any land, enter upon and survey the land, or do any acts, or carry out any work in or on the land for the purpose of preparing, inquiring into or executing any land development scheme the provisions of this chapter. 2 every such member, officer subordinate, workman or person shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 14. of the delhi and ajmermerwara land development act : 1 on the completion of any work under the scheme, the land development commissioner shall prepare a a statement in such form, and containing such particulars, as may be prescribed, and b a map showing the location and other material details of the work. 2 every statement and map so prepared shall, on approval by the board, form part of the settlement record, or, as the case may be, the recordofrights of the estates specified in the statement, and the said record shall wherever necessary be corrected in accordance with the statement.

section 19. of the delhi and ajmermerwara land development act : the central government may from time to time call for any report or give any direction to the board, and the board shall submit such report and carry out such direction.

section 18. of the delhi and ajmermerwara land development act : any person aggrieved by a a determination of the board under subsection 4 of section 10 or section 11 or b the making of an entry, or the failure to make an entry, in a statement prepared under section 14 or c the order of the land development commissioner under section 15 or d the order of a revenue officer under section 16, may, within the prescribed time and in the prescribed manner, appeal to the prescribed authority, and, notwithstanding anything contained in any law to the contrary, the decision of such authority, and, where no appeal is preferred, the determination, order or statement aforesaid shall be final and shall not be called in question in any court.

section 20. of the delhi and ajmermerwara land development act : in this chapter a date of taking possession means the date on which temporary possession of the land is taken on behalf of the government under section 21 b wasteland means any land lying waste through waterlogging, accumulation of sand, growth of jungle, soil erosion or any other cause, or lying uncultivated, for not less than three consecutive years.

section 21. of the delhi and ajmermerwara land development act : 1 if the board is satisfied that for purposes of executing any scheme of reclamation of wasteland sanctioned under section 5, it is necessary that temporary possession of any wasteland should be taken, it may, by order in writing, direct the land development commissioner to take temporary possession of such land on behalf of the government on such date as may be specified in that order. 2 the order shall be made in such form and brought to the notice of the owner of the land in such manner, as may be prescribed. 3 on the date specified in the order, the land development commissioner or an officer authorised by him shall enter upon and take possession of the land on behalf of the government.

section 26. of the delhi and ajmermerwara land development act : the board shall maintain, in such form and in accordance with such rules as may be prescribed, an account of all receipts and payments by the government in respect of the land, and any owner of, or other person saving an interest in, the land may, on payment of a fee of eight annas, inspect the account.

section 22. of the delhi and ajmermerwara land development act : when the land has been taken possession of the land development commissioner may, with the approval of the board, arrange for its reclamation a by retaining it under his management for such period as he thinks fit, or b by settling it for such period and on such terms as may be fixed by the board with the person who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or, if such person is dead, with his successor in interest, or c if such person refuses to take the land for such period or on such terms, by settling it with any other person, or d by a combination of the methods aforesaid: provided that the total period for which the land is retained or settled under this section shall not exceed ten years.

section 23. of the delhi and ajmermerwara land development act : no claim of the landlord to any arrears of rent accrued or due in respect of the land for the period prior to the date of taking possession shall thereafter be enforced by any court, whether in execution of a decree or otherwise, against the government or against any person holding the land under the government, or by the issue of any process against the land.

section 25. of the delhi and ajmermerwara land development act : 1 as soon as may be after the date of taking possession of the land, the land development commissioner shall make an inquiry in the prescribed manner and determine a in respect of any land which on the said date was in the occupation of a tenant i the annual rent payable by him, and ii the average net annual income, if any, after deducting rent derived by him during the three years immediately preceding the said date, and b in respect of any other land, the average net annual income, if any, without deducting any land revenue payable, derived by the owner during the three years immediately preceding the said date. 2 there shall be payable by the government as compensation on each anniversary of the date of taking possession until the date referred to in subsection 2 of section 24 a in respect of such land as is referred to in clause a of subsection 1, the amount determined under subclause i thereof to the landlord, and the amount determined under subclause ii thereof to the tenant, and b in respect of any other land, the amount determined under clause b of subsection 1 to the owner. 3 for the purposes of this section landlord means the person under whom the tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land, and any reference to an owner, landlord or tenant shall be deemed to include a reference to the predecessors and successors in interest of the owner, landlord or tenant.

section 24. of the delhi and ajmermerwara land development act : 1 when the reclamation of the land is in the opinion of the land development commissioner complete and, in any case, before the expiry of a period of ten years from the making an inquiry in the prescribed manner and by order in writing, a declare that possession of the land shall be restored on such date as may be specified in the order to the owner who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or if he is dead, to his successor in interest b determine the person to whom possession is to be so restored c where such person is a tenant, determine the rent payable on account of the use or occupation of the land and d where the land or any part thereof has been afforested, regulate the cutting of trees in such land. 2 on the date specified in the said order, possession of the land shall be deemed to have been delivered by the government to the person determined under clause b of subsection 1. 3 the delivery of possession of the land to the person determined under clause b of subsection 1 shall be final and full discharge of the government from all liability in respect of such delivery, but shall not prejudice any right in respect of the land to which any other person may be entitled, by due process of law, to enforce against the person to whom the possession of the land has been so delivered.

section 27. of the delhi and ajmermerwara land development act : 1 the net expenditure incurred by the government on the reclamation of the land under the provisions of this chapter or such part of that expenditure as the chief commissioner may by general or special order direct, together with interest calculated at the prescribed rate and in the prescribed manner, shall be recovered as arrears of land revenue from the person to whom possession of the land delivered by the government under subsection 2 of section 24. 2 the amount to be recovered under subsection 1 from any person shall be decided by the board.

section 28. of the delhi and ajmermerwara land development act : any person aggrieved by an order under section 21, section 24, section 25 or subsection 2 of section 27 of the board or the land development commissioner, as the case may be, may, within the prescribed time and in the prescribed manner, appeal to the chief commissioner, and the decision of the chief commissioner on such appeal, and where no appeal is preferred the order aforesaid, shall be final and shall not be called in question in any court.

section 33. of the delhi and ajmermerwara land development act : 1 no suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act. 2 save as otherwise expressly provided by or under this act, no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act.

section 30. of the delhi and ajmermerwara land development act : the following amendments shall be made in the indian forest act, , in its application to the 1state at delhi, namely: 1 in subsection 1 of section 35 of the said act, a for the words any forest or wasteland the words any forest, wasteland or grassland shall be substituted b for clauses b and c the following clauses shall be substituted, namely: b the cutting of trees and timber c the disposal of any forest produce d the firing or clearing of vegetation e the cutting storage and conservation of grass or leaf fodder or f the admission, herding or pasturing of cattle and c after clause v the following shall be added: vi for any other purpose conducive to public welfare. 2 in subsection 2 of section 37 of the said act, for the words not less than three the words not less than seven shall be substituted and 3 in subsection 1 of section 38 of the said act, for the word two thirds the word onehalf shall be substituted. 1. subs. by a.o. , for province.

section 29. of the delhi and ajmermerwara land development act : the taking and retaining of possession of any land on behalf of the government under provisions of this chapter shall not affect the liability of any person for the payment of land revenue, rate or cess in respect of the land for any period whether before or after the date of taking possession.

section 31. of the delhi and ajmermerwara land development act : 31. application of chapter v, act xvi of to 2ajmer.without prejudice to the provisions of subsection 3 of section 1 of the indian forest act, , the provisions of chapter v of that act shall apply to the 1state of 2ajmer as they apply to the 1state of delhi. 1. subs. by a.o. , for province. 2. subs., ibid., for ajmermerwara.

section 32. of the delhi and ajmermerwara land development act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the conduct of business by the board and the procedure to be followed at meetings of the board b the procedure to be followed by inquiry officers under section 5 c the manner of publication under sections 5, 6 and 7 d the principles on which the amounts of contribution are to be determined by the board under subsection 4 of section 10, or section 11 e the form of the statement under section 14 and the particulars to be stated therein f the principles of enhancement of rent under section 16 g the manner of giving notice under subsection 1 of section 17 h the authority to whom appeal may lie and the time and manner of such appeal under section 18 i the form of notice under section 21 and the manner of its service j the manner of inquiry under section 24 and subsection 1 of section 25 k the form and method of maintaining accounts under section 26 l the rate of interest and the method of its calculation under subsection 1 of section 27 m the time and manner of appeal under section 28 and n any matter which may be prescribed.

section 8. of the notaries act : 1 a notary may do all or any of the following acts by virtue of his office, namely: a verify, authenticate, certify or attest the execution of any instrument b present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security c note or protest the dishonour by nonacceptance or nonpayment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the negotiable instruments act, 26 of , or serve notice of such note or protest d note and draw up ships protest, boats protest or protest relating to demurrage and other commercial matters e administer oath to, or take affidavit from, any person f prepare bottomry and respondentia bonds, charter parties and other mercantile documents g prepare, attest or authenticate any instrument intended to take effect in any country or place outside india in such form and language as may conform to the law of the place where such deed is intended to operate h translate, and verify the translation of, any document from one language into another 1 ha act as a commissioner to record evidence in any civil or criminal trial if so directed by any court or authority hb act as an arbitrator, mediator or conciliator, if so required i any other act which may be prescribed. 2 no act specified in subsection 1 shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal. 1. ins. by s. 4, ibid. w.e.f. .

section 1. of the notaries act : 1 this act may be called the notaries act, . 2 it extends to the whole of india 1 . 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and theschedule w.e.f. . 2. 14th february, : vide notification no. s.r.o. 317, dated 10th february, , see gazette of india, extraordinary, part ii, s. 3.

section 5. of the notaries act : 1 every notary who intends to practise as such 1 may on payment to the government appointing him of the prescribed fee, if any, be entitled a to have his name entered in the register maintained by that government under section 4, and b to a certificate authorising him to practise for a period of 2 five years from the date on which which the certificate is issued to him. 3 2 the government appointing the notary, may, on receipt of an application and the prescribed fee, fee, renew the certificates of practice of any notary for a period of five years at a time. 1. subs. by act 36 of , s. 3, for shall w.e.f. . 2. subs. by s. 3, ibid., for three years w.e.f. . 3. subs. by s. 3, ibid., for subsection 2 w.e.f. .

section 2. of the notaries act : in this act, unless the context otherwise requires, 1 b instrument includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded 2c legal practitioner means an advocate entered in any roll under the provisions of the advocates act, 25 of d notary means a person appointed as such under this act: provided that for a period of two years from the commencement of this act it shall include also a person who, before such commencement was appointed a notary public 3 under the negotiable instruments act, 26 of , 4 and is, immediately before such commencement, in practice in5 any part of india: provided further that in relation to the state of jammu and kashmir the said period of two years shall be computed from the date on which this act comes into force in that state. e prescribed means prescribed by rules made under this act f register means a register of notaries maintained by the government under section 4 6g state government, in relation to a union territory, means the administrator thereof. 1. clause a omitted by act 25 of , s. 2 and the schedule w.e.f. . 2. subs. by act 36 of , s. 2, for clause c w.e.f. . 3. subs. by act 25 of , s. 2 and the schedule, for either under w.e.f. . 4. the words or by master of faculties in england omitted by s. 2 and the schedule, ibid. w.e.f. . 5. subs. by s. 2 and the schedule, ibid., for any part of india w.e.f. . 6. subs. by the a.o. no. 3, , for clause g. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the notaries act : every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.

section 9. of the notaries act : 1 subject to the provisions of this section, no person shall practise as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under section 5: provided that nothing in this subsection shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary. 2 nothing contained in subsection 1 shall, until the expiry of two years from the commencement of this act, apply to any such person as is referred to in the proviso to clause d of section 2. 1 provided that in relation to the state of jammu and kashmir the said period of two years shall be computed from the date on which this act comes into force in that state. 1. ins. by act 25 of , s. 2 and the schedule w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 3. of the notaries act : show related subordinates the central government, for the whole or any part of india, and any state government, for the whole or any part of the state, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.

section 10. of the notaries act : the government appointing any notary may, by order, remove from the register maintained by it under section 4 the name of the notary if he a makes a request to that effect or b has not paid any prescribed fee required to be paid by him or c is an undischarged insolvent or d has been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the government, renders his unfit to practise as a notary 1 or 1 e is convicted by any court for an offence involving moral turpitude or f does not get his certificate of practice renewed. 1. ins. by act 36 of , s. 5, for or w.e.f. .

section 4. of the notaries act : 1 the central government and every state government shall maintain, in such form as may be prescribed, a register of the notaries appointed by that government and entitled to practice as such under this act. 2 every such register shall include the following particulars about the notary whose name is entered therein, namely: a his full name, date of birth, residential and professional address b the date on which his name is entered in the register c his qualifications and d any other particulars which may be prescribed.

section 11. of the notaries act : any reference to a notary public in any other law shall be construed as a reference to a notary entitled to practice under this act.

section 6. of the notaries act : the central government and every state government shall, during the month of january each year, publish in the official gazette a list of notaries appointed by that government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed.

section 13. of the notaries act : 1 no court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this act save upon complaint in writing made by an officer authorised by the central government or a state government by general or special order in this behalf. 2 no magistrate other than a presidency magistrate or a magistrate of the first class shall try an offence punishable under this act.

section 12. of the notaries act : any person who a falsely represents that he is a notary without being appointed as such, or b practises as a notary or does any notarial act in contravention of section 9, shall be punishable with imprisonment for a term which may extend to 1 one year, or with fine, or with both. 1. subs. by s. 6, ibid., for three months w.e.f. .

section 14. of the notaries act : if the central government is satisfied that by the law or practice of any country or place outside india, the notarial acts done by notaries within india are recognised for all or any limited purposes in that country or place, the central government may, by notification in the official gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within india for all purposes or, as the case may be, for such limited purposes as may be specified in the notification.

section 16. of the notaries act : amendment of act 26 of . rep. by the repealing and amending act, 36 of , s. 2 and schedule i.

section 15. of the notaries act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applications b the certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish 1 c the fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, area of practice or enlargement of area of practice and exemption whether wholly or in part, from such fees in specified classes of cases d the fees payable to a notary for doing any notarial act e the form of registers and the particulars to be entered therein f the form and design of the seal of a notary g the manner in which inquiries into allegations of professional or other misconduct of notaries may be made h the acts which a notary may do in addition to those specified in section 8 and the manner in which a notary may perform his functions i any other matter which has to be, or may be, prescribed. 2 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 36 of , s. 7, for clause c w.e.f. . 2. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 8. of the scheduled castes and the scheduled tribes prevention of atrocities act : in a prosecution for an offence under this chapter, if it is proved that a the accused rendered 1 any financial assistance in relation to the offences committed by a person accused of, or reasonably suspected of, committing, an offence under this chapter, the special court shall presume, unless the contrary is proved, that such person had abetted the offence b a group of persons committed an offence under this chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object 2 c the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved. 1. subs. by act 1 of , s. 6, for any financial assistance to a person accused of w.e.f. . 2. ins. by s. 6, ibid. w.e.f. .

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

section 1. of the scheduled castes and the scheduled tribes prevention of atrocities act : show related subordinates 1 this act may be called the scheduled castes and the scheduled tribes prevention of atrocities act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 30th january, , vide notification no. s.o. 106e, dated 29th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 in this act, unless the context otherwise requires, a atrocity means an offence punishable under section 3 b code means the code of criminal procedure, 2 of 1 bbdependent means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance bc economic boycott means i a refusal to deal with, work for hire or do business with other person or ii to deny opportunities including access to services or contractual opportunities for rendering service for consideration or iii to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business or iv to abstain from the professional or business relations that onewould maintain with other person bd exclusive special court means the exclusive special court established under subsection 1 of section 14 exclusively to try the offences under this act be forest rights shall have the meaning assigned to it in subsection 1 of section 3 of the scheduled tribes and other traditional forest dwellersrecognition of forest rights act, 2 of bf manual scavenger shall have the meaning assigned to it in clause g of subsection 1 of section 2 of the prohibition of employment as manual scavengers and their rehabilitation act, 25 of bg public servant means a public servant as defined under section 21of the indian penal code 45 of , as well as any other person deemed to be a public servant under any other law for the time being in force and includes any personacting in his official capacity under the central government or the state government, as the case may be c scheduled castes and scheduled tribes shall have the meanings assigned to them respectively under clause 24 and clause 25 of article 366 of the constitution d special court means a court of session specified as a special court in section 14 e special public prosecutor means a public prosecutor specified as a special public prosecutor or an advocate referred to in section 15 2 ea schedule means the schedule appended to this act eb social boycott means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others ec victim means any individual who falls within the definition of the scheduled castes and scheduled tribes under clause c of subsection 1 of section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this act and includes his relatives, legal guardian and legal heirs ed witness means any person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence 3 f the words and expressions used but not defined in this act and defined in the indian penal code 45 of , the indian evidence act, 1 of or the code of criminal procedure, 2 of , as the case may be, shall be deemed to have the meanings respectively assigned to them in those enactments. 2 any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law, if any, in force in that area. 1. ins. by act 1 of , s. 3 w.e.f. . 2. ins. by act 1 of , s. 3 w.e.f. . 3. subs. by s. 3,ibid., for clause f w.e.f.

section 7. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 where a person has been convicted of any offence punishable under this chapter, the special court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence, shall stand forfeited to government. 2 where any person is accused of any offence under this chapter, it shall be open to the special court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this chapter.

section 3. of the scheduled castes and the scheduled tribes prevention of atrocities act : 11 whoever, not being a member of a scheduled caste or a scheduled tribe, a puts any inedible or obnoxious substance into the mouth of a member of a scheduled caste or a scheduled tribe or forces such member to drink or eat such inedible or obnoxious substance b dumps excreta, sewage, carcasses or any other obnoxious substance in premises, or at the entrance of the premises, occupied by a member of a scheduled caste or a scheduled tribe c with intent to cause injury, insult or annoyance to any member of a scheduled caste or a scheduled tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood d garlands with footwear or parades naked or seminaked a member of a scheduled caste or a scheduled tribe e forcibly commits on a member of a scheduled caste or a scheduled tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity f wrongfully occupies or cultivates any land, owned by, or in the possession of or allotted to, or notified by any competent authority to be allotted to, a member of a scheduled caste or a scheduled tribe, or gets such land transferred g wrongfully dispossesses a member of a scheduled caste or a scheduled tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefrom. explanation.for the purposes of clause f and this clause, the expression wrongfully includes a against the persons will b without the persons consent c with the persons consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear of death or of hurt or d fabricating records of such land h makes a member of a scheduled caste or a scheduled tribe to do begar or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the government i compels a member of a scheduled caste or a scheduled tribe to dispose or carry human or animal carcasses, or to dig graves j makes a member of a scheduled caste or a scheduled tribe to do manual scavenging or employs or permits the employment of such member for such purpose k performs, or promotes dedicating a scheduled caste or a scheduled tribe woman to a deity, idol, object of worship, temple, or other religious institution as a deva dasi or any other similar practice or permits aforementioned acts l forces or intimidates or prevents a member of a scheduled caste or a scheduled tribe a not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law b not to file a nomination as a candidate or to withdraw such nomination or c not to propose or second the nomination of a member of a scheduled caste or a scheduled tribe as a candidate in any election m forces or intimidates or obstructs a member of a scheduled caste or a scheduled tribe, who is a member or a chairperson or a holder of any other office of a panchayat under part ix of the constitution or a municipality under part ixa of the constitution, from performing their normal duties and functions n after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a scheduled caste or a scheduled tribe or prevents from availing benefits of any public service which is due to him o commits any offence under this act against a member of a scheduled caste or a scheduled tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law p institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a scheduled caste or a scheduled tribe q gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a scheduled caste or a scheduled tribe r intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place within public view s abuses any member of a scheduled caste or a scheduled tribe by caste name in any place within public view t destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the scheduled castes or the scheduled tribes. explanation.for the purposes of this clause, the expression object means and includes statue, photograph and portrait u by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or illwill against members of the scheduled castes or the scheduled tribes v by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the scheduled castes or the scheduled tribes w i intentionally touches a woman belonging to a scheduled caste or a scheduled tribe, knowing that she belongs to a scheduled caste or a scheduled tribe, when such act of touching is of a sexual nature and is without the recipients consent ii uses words, acts or gestures of a sexual nature towards a woman belonging to a scheduled caste or a scheduled tribe, knowing that she belongs to a scheduled caste or a scheduled tribe. explanation.for the purposes of subclause i, the expression consent means an unequivocal voluntary agreement when the person by words, gestures, or any form of nonverbal communication, communicates willingness to participate in the specific act: provided that a woman belonging to a scheduled caste or a scheduled tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity: provided further that a womans sexual history, including with the offender shall not imply consent or mitigate the offence x corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the scheduled castes or the scheduled tribes so as to render it less fit for the purpose for which it is ordinarily used y denies a member of a scheduled caste or a scheduled tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any other section thereof have a right to use or access to z forces or causes a member of a scheduled caste or a scheduled tribe to leave his house, village or other place of residence: provided that nothing contained in this clause shall apply to any action taken in discharge of a public duty za obstructs or prevents a member of a scheduled caste or a scheduled tribe in any manner with regard to a using common property resources of an area, or burial or cremation ground equally with others or using any river, stream, spring, well, tank, cistern, watertap or other watering place, or any bathing ghat, any public conveyance, any road, or passage b mounting or riding bicycles or motor cycles or wearing footwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions c entering any place of worship which is open to the public or other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras d entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment or any other public place or using any utensils or articles meant for public use in any place open to the public or e practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to zb causes physical harm or mental agony of a member of a scheduled caste or a scheduled tribe on the allegation of practicing witchcraft or being a witch or zc imposes or threatens a social or economic boycott of any person or a family or a group belonging to a scheduled caste or a scheduled tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. 2 whoever, not being a member of a scheduled caste or a scheduled tribe, i gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a scheduled caste or a scheduled tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine and if an innocent member of a scheduled caste or a scheduled tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death ii gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a scheduled caste or a scheduled tribe to be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine iii commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a scheduled caste or a scheduled tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine iv commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a scheduled caste or a scheduled tribe, shall be punishable with imprisonment for life and with fine v commits any offence under the indian penal code 45 of punishable with imprisonment for a term of ten years or more against a person or property 2knowing that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine 3va commits any offence specified in the schedule, against a person or property, knowing that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to suchmember, shall be punishable with such punishment as specified under the indian penal code 45 of for such offences and shall also be liable to fine vi knowingly or having reason to believe that an offence has been committed under this chapter, causes any evidence of the commission of that offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence or vii being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence 1. subs. by s. 4, ibid., for subsection 1 w.e.f. . 2. subs. by act 1 of , s. 4, for on the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member w.e.f. . 3. ins. by s. 4, ibid. w.e.f. .

section 4. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 4. punishment for neglect of duties.1 whoever, being a public servant but not being a member of a scheduled caste or a scheduled tribe, wilfully neglects his duties required to be performed by him under this act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year. 2 the duties of public servant referred to in subsection 1 shall include a to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant b to register a complaint or a first information report under this act and other relevant provisions and to register it under appropriate sections of this act c to furnish a copy of the information so recorded forthwith to the in formant d to record the statement of the victims or witnesses e to conduct the investigation and file charge sheet in the special court or the exclusive special court within a period of sixty days, and to explain the delay if any, in writing f to correctly prepare, frame and translate any document or electronic record g to perform any other duty specified in this act or the rules made thereunder: provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry. 3 the cognizance in respect of any dereliction of duty referred to in subsection 2 by a public servant shall be taken by the special court or the exclusive special court and shall give direction for penal proceedings against such public servant. 1. subs. by act 1 of , s. 5, for section 4 w.e.f. .

section 6. of the scheduled castes and the scheduled tribes prevention of atrocities act : subject to the other provisions of this act, the provisions of section 34, chapter iii, chapter iv, chapter v, chapter va, section 149 and chapter xxiii of the indian penal code 45 of , shall, so far as may be, apply for the purposes of this act as they apply for the purposes of the indian penal code

section 10. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 where the special court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under chapter ii of this act in any area included in scheduled areas or tribal areas, as referred to in article 244 of the constitution, 1 or any area identified under the provisions of clause vii of subsection 2 of section 21, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding 2 three years, as may be specified in the order. 2 the special court shall, along with the order under subsection 1, communicate to the person directed under that subsection the grounds on which such order has been made. 3 the special court may revoke or modify the order made under subsection 1, for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order. 1. ins. by s. 7, ibid. w.e.f. . 2. subs. by s. 7, ibid., for two years w.e.f. .

section 5. of the scheduled castes and the scheduled tribes prevention of atrocities act : whoever, having already been convicted of an offence under this chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

section 9. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 notwithstanding anything contained in the code or in any other provision of this act, the state government may, if it considers it necessary or expedient so to do, a for the prevention of and for coping with any offence under this act, or b for any case or class or group of cases under this act, in any district or part thereof, confer, by notification in the official gazette, on any officer of the state government, the powers exercisable by a police officer under the code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any special court. 2 all officers of police and all other officers of government shall assist the officer referred to in subsection 1 in the execution of the provisions of this act or any rule, scheme or order made thereunder. 3 the provisions of the code shall, so far as may be, apply to the exercise of the powers by an officer under subsection 1.

section 11. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 if a person to whom a direction has been issued under section 10 to remove himself from any area a fails to remove himself as directed or b having so removed himself enters such area within the period specified in the order, otherwise than with the permission in writing of the special court under subsection 2, the special court may cause him to be arrested and removed in police custody to such place outside such area as the special court may specify. 2 the special court may, by order in writing, permit any person in respect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed. 3 the special court may at any time revoke any such permission. 4 any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission. 5 if a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the special court may cause him to be arrested and removed in police custody to such place outside such area as the special court may specify

section 12., of persons against whom order under section 10 is made. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 every person against whom an order has been made under section 10 shall, if so required by the special court, allow his measurements and photographs to be taken by a police officer. 2 if any person referred to in subsection 1, when required to allow his measurements or photographs to be taken, resists or refuses to allow the taking of such measurements or photographs, it shall be lawful to use all necessary means to secure the taking thereof. 3 resistance to or refusal to allow the taking of measurements or photographs under subsection 2 shall be deemed to be an offence under section 186 of the indian penal code 45 of . 4 where an order under section 10 is revoked, all measurements and photographs including negatives taken under subsection 2 shall be destroyed or made over to the person against whom such order is made.

section 16. of the scheduled castes and the scheduled tribes prevention of atrocities act : the provisions of section 10a of the protection of civil rights act, 22 of shall, so far as may be, apply for the purposes of imposition and realisation of collective fine and for all other matters connected therewith under this act.

section 13. of the scheduled castes and the scheduled tribes prevention of atrocities act : any person contravening an order of the special court made under section 10 shall be punishable with imprisonment for a term which may extend to one year and with fine.

section 14. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 14. special court and exclusive special court.1 for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, establish an exclusive special court for one or more districts: provided that in districts where less number of cases under this act is recorded, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify for such districts, the court of session to be a special court to try the offences under this act: provided further that the courts so established or specified shall have power to directly take cognizance of offences under this act. 2 it shall be the duty of the state government to establish adequate number of courts to ensure that cases under this act are disposed of within a period of two months, as far as possible. 3 in every trial in the special court or the exclusive special court, the proceedings shall be continued from daytoday until all the witnesses in attendance have been examined, unless the special court or the exclusive special court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing: provided that when the trial relates to an offence under this act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. state amendment karnataka amendment of section 14.in section 14 of the scheduled castes and the scheduled tribes prevention of atrocities act, central act 33 of , for the words to try offences under this act, the words to take cognizance of offences under this act as a court of original jurisdiction and to try such offences shall be substituted. vide karnataka act 35 of , s. 2 1. subs. by act 1 of , s. 8,for section 14 w.e.f. .

section 14a. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 14a. appeals.1 notwithstanding anything contained in the code of criminal procedure, 2 of , an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a special court or an exclusive special court, to the high court both on facts and on law. 2 notwithstanding anything contained in subsection 3 of section 378 of the code of criminal procedure, 2 of , an appeal shall lie to the high court against an order of the special court or the exclusive special court granting or refusing bail. 3 notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from: provided that the high court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days. 4 every appeal preferred under subsection 1 shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.br 1. ins. by act1 of , s. 9 w.e.f.

section 15. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 15. special public prosecutor and exclusive public prosecutor.1 for every special court, the state government shall, by notification in the official gazette, specify a public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a special public prosecutor for the purpose of conducting cases in that court. 2 for every exclusive special court, the state government shall, by notification in the official gazette, specify an exclusive special public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an exclusive special public prosecutor for the purpose of conducting cases in that court. 1. subs. by s.10, ibid., for section 15 w.e.f.

section 15a. of the scheduled castes and the scheduled tribes prevention of atrocities act : 115a. rights of victims and witnesses.1 it shall be the duty and responsibility of the state to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence. 2 a victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victims age or gender or educational disadvantage or poverty. 3 a victim or his dependent shall have the right to reasonable, accurate, and timely notice of any court proceeding including any bail proceeding and the special public prosecutor or the state government shall inform the victim about any proceedings under this act. 4 a victim or his dependent shall have the right to apply to the special court or the exclusive special court, as the case may be, to summon parties for production of any documents or material, witnesses or examine the persons present. 5 a victim or his dependent shall be entitled to be heard at any proceeding under this act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing. 6 notwithstanding anything contained in the code of criminal procedure, 2 of , the special court or the exclusive special court trying a case under this act shall provide to a victim, his dependent, informant or witnesses a the complete protection to secure the ends of justice b the travelling and maintenance expenses during investigation, inquiry and trial c the socialeconomic rehabilitation during investigation, inquiry and trial and d relocation. 7 the state shall inform the concerned special court or the exclusive special court about the protection provided to any victim or his dependent, informant or witnesses and such court shall periodically review the protection being offered and pass appropriate orders. 8 without prejudice to the generality of the provisions of subsection 6, the concerned special court or the exclusive special court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the special public prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including a concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public b issuing directions for nondisclosure of the identity and addresses of the witnesses c take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection: provided that inquiry or investigation into the complaint received under clause c shall be tried separately from the main case by such court and concluded within a period of two months from the date of receipt of the complaint: provided further that where the complaint under clause c is against any public servant, the court shall restrain such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case, except with the permission of the court. 9 it shall be the duty of the investigating officer and the station house officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing, and a photocopy of the first information report shall be immediately given to them at free of cost. 10 all proceedings relating to offences under this act shall be video recorded. 11 it shall be the duty of the concerned state to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as a to provide a copy of the recorded first information report at free of cost b to provide immediate relief in cash or in kind to atrocity victims or their dependents c to provide necessary protection to the atrocity victims or their dependents, and witnesses d to provide relief in respect of death or injury or damage to property e to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims f to provide the maintenance expenses to the atrocity victims and their dependents g to provide the information about the rights of atrocity victims at the time of making complaints and registering the first information report h to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment i to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at free of cost j to take necessary precautions at the time of medical examination k to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount l to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial m to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose n to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of the proceedings under this act and to provide the necessary assistance for the execution of the rights. 12 it shall be the right of the atrocity victims or their dependents, to take assistance from the nongovernment organisations, social workers or advocates. 1. ins. by s. 11, ibid. w.e.f. .

section 17. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 a district magistrate or a subdivisional magistrate or any other executive magistrate or any police officer not below the rank of a deputy superintendent of police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the scheduled castes or the scheduled tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquillity and may take preventive action. 2 the provisions of chapters viii, x and xi of the code shall, so far as may be, apply for the purposes of subsection 1. 3 the state government may, by notification in the official gazette, make one or more schemes specifying the manner in which the officers referred to in subsection 1 shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the scheduled castes and the scheduled tribes

section 18. of the scheduled castes and the scheduled tribes prevention of atrocities act : nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this act.

section 18a. of the scheduled castes and the scheduled tribes prevention of atrocities act : 118a. no enquiry or approval required. 1 for the purposes of this act, a preliminary enquiry shall not be required for registration of a first information report against any person or b the investigating officer shall not require approval for the arrest, if necessary, of any person, against whom an accusation of having committed an offence under this act has been made and no procedure other than that provided under this act or the code shall apply. 2 the provisions of section 438 of the code shall not apply to a case under this act, notwithstanding any judgment or order or direction of any court. 1. ins. by act 27 of , s. 2 w.e.f.

section 23. of the scheduled castes and the scheduled tribes prevention of atrocities act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 19. of the scheduled castes and the scheduled tribes prevention of atrocities act : the provisions of section 360 of the code and the provisions of the probation of offenders act, 20 of shall not apply to any person above the age of eighteen years who is found guilty of having committed an offence under this act.

section 22. of the scheduled castes and the scheduled tribes prevention of atrocities act : no suit, prosecution or other legal proceedings shall lie against the central government or against the state government or any officer or authority of government or any other person for anything which is in good faith done or intended to be done under this act.

section 20. of the scheduled castes and the scheduled tribes prevention of atrocities act : save as otherwise provided in this act, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law

section 21. of the scheduled castes and the scheduled tribes prevention of atrocities act : 1 subject to such rules as the central government may make in this behalf, the state government shall take such measures as may be necessary for the effective implementation of this act. 2 in particular, and without prejudice to the generality of the foregoing provisions, such measures may include, i the provision for adequate facilities, including legal aid, to the persons subjected to atrocities to enable them to avail themselves of justice ii the provision for travelling and maintenance expenses to witnesses, including the victims of atrocities, during investigation and trial of offences under this act iii the provision for the economic and social rehabilitation of the victims of the atrocities iv the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this act v the setting up of committees at such appropriate levels as the state government may think fit to assist that government in formulation or implementation of such measures vi provision for a periodic survey of the working of the provisions of this act with a view to suggesting measures for the better implementation of the provision of this act vii the identification of the areas where the members of the scheduled castes and the scheduled tribes are likely to be subjected to atrocities and adoption of such measures so as to ensure safety for such members. 3 the central government shall take such steps as may be necessary to coordinate the measures taken by the state governments under subsection 1. 4 the central government shall, every year, place on the table of each house of parliament a report on the measures taken by itself and by the state governments in pursuance of the provisions of this section.

section 2. of the forfeited deposits act : any such forfeited deposit shall be applied to defray the expenses of the sale, and the surplus shall be forfeited to government.

section 1. of the forfeited deposits act : rep. by the repealing act, 14 of , s. 1 and sch. pt. ii.

section 6. of the anand marriage act : 16.registration of marriages.1 for the purposes of facilitation of proof of marriage ceremony commonly known as anand karaj customary among the sikhs, the state government shall, without prejudice to anything contained in the hindu marriage act, 25 of or any other law for the time being in force, make rules providing that the parties to any such marriage whether solemnized before or after the commencement of the anand marriage amendment act, , may have the particulars relating to their marriage entered, in such manner and subject to such conditions as may be provided in the said rules, in a marriage register kept by such officer of the state government or of a local authority authorised by the state government, by notification in the official gazette, in this behalf. 2 the marriage register shall, at all reasonable times, be open for inspection, and shall be admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an application, be given by the registrar to the parties to the marriage on payment of such fees as may be provided in the rules. 3 notwithstanding anything contained in this section, the validity of any anand marriage solemnized shall in no way be affected by the omission to make an entry in the marriage register. 4 every rule made by the state government under this section shall be laid before the state legislature, as soon as may be, after they are made. 5 the parties to the marriage, whose marriage has been registered under this act, shall not be required to get their marriage registered under any other law for the time being in force including state act. 1. ins. by s. 3, ibid. w.e.f. .

section 5. of the anand marriage act : nothing in this act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or effinity which would, according to the customary law of the sikhs, render a marriage between them illegal.

section 4. of the anand marriage act : nothing in this act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the sikhs.

section 1. of the anand marriage act : 1 this act may be called the anand marriage act, and. 2 its extends to the whole of india 1 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the anand marriage act : all marriages which may be or may have been duly solemnized according to the sikh marriage ceremony called anand 1commonly known as anand karaj shall be, and shall be deemed to have been with effect from the date of the solemnization or each respectively, good and valid in law. 1. ins. by act 29 of , s. 2 w.e.f. .

section 3. of the anand marriage act : nothing in this act shall apply to a any marriage between persons not professing the sikh religion, or b any marriage which has been judically declared to be null and void.

section 3. of the sikh gurdwaras supplementary act . : 1repealed by the repealing act, 1 of , section 2 and schedule. 1.the amendment to s. 12 of the sikh gurudwaras act, , directed by this section were omitted by the government of india adaptation of indian laws order, section later repealed by central act 1 of , schedule.

section 2. of the sikh gurdwaras supplementary act . : the sikh gurdwaras act, hereinafter referred to as the said act, shall so far as it adds to or takes from the jurisdiction of the 1high court of 2punjab or prescribes the procedure of the said court, be as valid as if it had been passed by the indian legislature. 1.substituted for the words high court of judicature of lahore by the india adaptation of existing laws order, . 2. substituted for east punjab by adaptation of laws, order, .

section 1. of the sikh gurdwaras supplementary act . : 1 this act may be called the sikh gurdwaras supplementary act, . 2 it shall come into force on the date1 appointed by the 2 3state government, under subsection 3 of section 1 of the sikh gurdwaras act, . 1. it came into force on the 1st january, . 2. substituted for the words local government by the government of india adaptation of indian laws order, . 3. substituted for the word provincial by adaptation of laws order, .

section 8. of the cooperative societies act : 1 for purposes of registration an application to register shall be made to the registrar. 2 the application shall be signed a in the case of a society of which no member is a registered society by at least ten persons qualified in accordance with the requirements of section 6, subsection 1 and b in the case of a society of which a member is a registered society, by a duly authorised person on behalf of every such registered society, and where all the members of the society are not registered societies, by ten other members or, when there are less than ten other members, by all of them. 3 the application shall be accompanied by a copy of the proposed bylaws of the society, and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the registrar may require.

section 1. of the cooperative societies act : 1 this act may be called the cooperative societies act, and 2 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 1. subs. by the adaptation of laws no. 2 order, , for part b states.

section 7. of the cooperative societies act : when any question arises whether for the purposes of this act a person is an agriculturist or a nonagriculturist, or whether any person is a resident in a town or village or group of villages, or whether two or more villages shall be considered to form a group, or whether any person belongs to any particular tribe, class, caste or occupation, the question shall be decided by the registrar, whose decision shall be final.

section 2. of the cooperative societies act : in this act, unless there is anything repugnant in the subject or context, a bylaws means the registered bylaws for the time being in force, and includes a registered amendment of the bylaws: b committee means the governing body of a registered society to whom the management of its affairs is entrusted: c member includes a person joining in the application for the registration of a society and aperson admitted to membership after registration in accordance with the by laws and any rules: d officer includes a chairman, secretary, treasurer, member of committee, or other person empowered under the rules or the bylaws to give directions in regard to the business of the society: e registered society means a society registered or deemed to be registered under this act: f registrar means a person appointed to perform the duties of a registrar of cooperative societies under this act: and g rules means rules made under this act.

section 9. of the cooperative societies act : if the registrar is satisfied that a society has complied with the provisions of this act and the rules and that its proposed bylaws are not contrary to the act or to the rules, he may, if he thinks fit, register the society and its bylaws.

section 4. of the cooperative societies act : subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with cooperative principles, or a society established with the object of facilitating the operations of such a society, may be registered under this act with or without limited liability: provided that unless the state government by general or special order otherwise directs 1 the liability of a society of which a member is a registered society shall be limited 2 the liability of a society of which the object is the creation of funds to be lent to its members, and of which the majority of the members are agriculturists, and of which no member is a registered society, shall be unlimited.

section 11. of the cooperative societies act : 1 no amendment of the bylaws of a registered society shall be valid until the same has been registered under this act, for which purpose a copy of the amendment shall be forwarded to the registrar. 2 if the registrar is satisfied that any amendment of the bylaws is not contrary to this act or to the rules, he may, if he thinks fit, register the amendment. 3 when the registrar registers an amendment of the bylaws of a registered society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same is duly registered.

section 3. of the cooperative societies act : the state government may appoint a person to be registrar of cooperative societies for the state or any portion of it, and may appoint persons to assist such registrar, and may, by general or special order, confer on any such persons all or any of the powers of a registrar under this act.

section 12. of the cooperative societies act : no member of a registered society shall exercise the rights of a member unless or until he has made such payment to the society in respect of membership or acquired such interest in the society, as may be prescribed by the rules or bylaws

section 5. of the cooperative societies act : where the liability of the members of a society is limited by shares, no member other than a registered society shall a hold more than such portion of the share capital of the society, subject to a maximum of onefifth, as may be prescribed by the rules or b have or claim any interest in the shares of the society exceeding one thousand rupees

section 6. of the cooperative societies act : 1 no society, other than a society of which a member is a registered society, shall be registered under this act which does not consist of at least ten persons above the age of eighteen years and, where the object of the society is the creation of funds to be lent to its members, unless such persons a reside in the same town or village or in the same group of villages or b save where the registrar otherwise directs, are members of the same tribe, class, caste, or occupation. 2 the word limited shall be the last word in the name of every society with limited liability registered under this act.

section 13. of the cooperative societies act : 1 where the liability of the members of a registered society is not limited by shares, each member shall, notwithstanding the amount of his interest in the capital, have one vote only as a member in the affairs of the society. 2 where the liability of the members of a registered society is limited by shares, each member shall have as many votes as may be prescribed by the bylaws. 3 a registered society which has invested any part of its funds in the shares of any other registered society may appoint as its proxy, for the purpose of voting in the affairs of such other registered society, any one of its members.

section 10. of the cooperative societies act : a certificate of registration signed by the registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved that the registration of the society has been cancelled.

section 17. of the cooperative societies act : 1 the registrar shall audit or cause to be audited by some person authorised by him by general or special order in writing in this behalf the accounts of every registered society once at least in every year. 2 the audit under subsection 1 shall include an examination of overdue debts, if any, and a valuation of the assets and liabilities of the society. 3 the registrar, the collector or any person authorised by general or special order in writing in this behalf by the registrar shall at all times have access to all the books, accounts, papers and securities of a society, and every officer of the society shall furnish such information in regard to the transactions and working of the society as the person making such inspection may require.

section 14. of the cooperative societies act : 1 the transfer or charge of the share or interest of a member in the capital of a registered society shall be subject to such conditions as to maximum holding as may be prescribed by this act or by the rules. 2 in case of a society registered with unlimited liability a member shall not transfer any share held by him or his interest in the capital of the society or any part thereof unless a he has held such share or interest for not less than one year and b the transfer or charge is made to the society or to a member of the society

section 15. of the cooperative societies act : every registered society shall have an address, registered in accordance with the rules, to which all notices and communications may be sent, and shall send to the registrar notice of every change thereof.

section 20. of the cooperative societies act : a registered society shall have a charge upon the share or interest in the capital and on the deposits of a member or past member and upon any dividend, bonus or profits payable to a member or past member in respect of any debt due from such member or past member to the society, and may setoff any sum credited or payable to a member or past member in or towards payment of any such debt.

section 16. of the cooperative societies act : every registered society shall keep a copy of this act and of the rules governing such society, and of its bylaws, open to inspection free of charge at all reasonable times at the registered address of the society.

section 22. of the cooperative societies act : 1 on the death of a member a registered society may transfer the share or interest of the deceased member to the person nominated in accordance with the rules made in this behalf, or, if there is no person so nominated, to such person as may appear to the committee to be the heir or legal representative of the deceased member, or pay to such nominee, heir or legal representative, as the case may he, a sum representing the value of such members share or interest, as ascertained in accordance with the rules or bylaws: provided that i in the case of a society with unlimited liability, such nominee, heir or legal representative, as the case may be, may require payment by the society of the value of the share or interest of the deceased member ascertained as aforesaid ii in the case of a society with limited liability, the society shall transfer the share or interest of the deceased member to such nominee, heir or legal representative, as the case may be, being qualified in accordance with the rules and bylaws for membership of the society, or on his application within one month of the death of the deceased member to any person specified in the application who is so qualified. 2 a registered society may pay all other moneys due to the deceased member from the society to such nominee, heir or legal representative, as the case may be. 3 all transfers and payments made by a registered society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.

section 18. of the cooperative societies act : the registration of a society shall render it a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all things necessary for the purposes of its constitution.

section 19. of the cooperative societies act : subject to any prior claim of the government in respect of landrevenue or any money recoverable as landrevenue or of a landlord in respect of rent or any money recoverable as rent, a registered society shall be entitled in priority to other creditors to enforce any outstanding demand due to the society from a member or past member a in respect of the supply of seed or manure or of the loan of money for the purchase of seed or manure upon the crops or other agricultural produce of such member or person at any time within eighteen months from the date of such supply or loan b in respect of the supply of cattle, fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture, or of the loan of money for the purchase of any of the foregoing thingsupon any such things so supplied, or purchased in whole or in part from any such loan, or on any articles manufactured from raw materials so supplied or purchased.

section 21. of the cooperative societies act : subject to the provisions of section 20, the share or interest of a member in the capital of a registered society shall not be liable to attachment or sale under any decree or order of a court of justice in respect of any debt or liability incurred by such member, and neither the official assignee under the presidencytowns insolvency act, 3 of nor a receiver under the provincial insolvency act, 3 of 1 , shall be entitled to or have any claim on such share or interest

section 23. of the cooperative societies act : the liability of a past member for the debts of a registered society asthey existed at the time when he ceased to be a member shall continue for a period of two years from the date of his ceasing to be a member

section 24. of the cooperative societies act : the estate of a deceased member shall be liable for a period of one year from the time of his decease for the debts of a registered society as they existed at the time of his decease.

section 30. of the cooperative societies act : a registered society shall receive deposits and loans from persons who are not members only to such extent and under such conditions as may be prescribed by the rules or bylaws

section 25. of the cooperative societies act : any register or list of members or shares kept by any registered society shall be prima facie evidence of any of the following particulars entered therein: a the date at which the name of any person was entered in such register or list as a member b the date at which any such person ceased to be a member.

section 26. of the cooperative societies act : a copy of any entry in a book of a registered society regularly kept in the course of business, shall, if certified in such manner as may be prescribed by the rules, be received, in any suit or legal proceeding, as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible.

section 31. of the cooperative societies act : save as provided in sections 29 and 30, the transactions of a registered society with persons other than members shall be subject to such prohibitions and restrictions, if any, as the state government may, by rules, prescribe

section 27. of the cooperative societies act : nothing in section 17, subsection 1, clauses b and c of the indian registration act, 16 of , shall apply to 1 any instrument relating to shares in a registered society, notwithstanding that the assets of such society consist in whole or in part of immoveable property or 2 any debenture issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immoveable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest thereinto trustees upon trust for the benefit of the holders of such debentures or 3 any endorsement upon or transfer of any debenture issued by any such society.

section 28. of the cooperative societies act : 11 the central government, by notification2 in the official gazette, may, in the case of any registered society or class of registered society, remit 3 the incometax payable in respect of the profits of the society, or of the dividends or other payments received by the members of the society on account of profits 4 52 the 6 government, by notification in the official gazette, may, in the case of any registered society or class of registered society, remit a the stampduty with which, under any law for the time being in force, instruments executed by or on behalf of a registered society or by an officer or member and relating to the business of such society, or any class of such instruments, are respectively chargeable, and b any fee payable under the law of registration for the time being in force. 7in this subsection government in relation to stampduty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, 8 transfer of shares, debentures, proxies and receipts, and in relation to any stampduty falling within 9entry 96 in list i in the seventh schedule to 10the constitution, means the central government, and save as aforesaid means the state government.11 1. s. 28 renumbered a subsection 1 of that section by act 38 of , s. 2 and the first schedule, pt. i. the whole of this act,with the exception of a subsection 1 of section 28, and b subsection 2 of section 28, so far as it relates to the stampduties specified in the second paragraph thereof, has been repealed in bengal by the bengal cooperative societies act, ben. 21 of , s. 3 and the first schedule. 2. for notifications under this section, see gazette of india, , pt. i, p. 994. 3. the brackets and letter a omitted by act 38 of , s. 2 and the first schedule, pt. i 4. clauses b and c omitted by s. 2 and the first schedule, pt. i, ibid 5.added by act 38 of , s. 2 and the first schedule pt. i. 6. subs. by the a. o , for l.g.. 7. added, ibid. 8. ins. by the a.o. . 9. subs., ibid., for item 59. 10. subs., ibid., for the government of india act, . 11. for s. 28a ins. in the u.p., see the cooperative societies u.p. amendment act, u.p. 1 of as continued in force by the u.p. expiring laws continuance act, u.p. 13 of .

section 29. of the cooperative societies act : 1 a registered society shall not make a loan to any person other than a member: provided that, with the general or special sanction of the registrar, a registered society may make loans to another registered society. 2 save with the sanction of the registrar, a society with unlimited liability shall not lend money on the security of moveable property. 3 the state government may, by general or special order, prohibit or restrict the lending of money on mortgage of immoveable property by any registered society or class of registered societies.

section 37. of the cooperative societies act : where an inquiry is held under section 35, or an inspection is made under section 36, the registrar may apportion the costs, or such part of the costs as he may think right, between the society, the members or creditor demanding an inquiry or inspection, and the officers or former officers of the society

section 32. of the cooperative societies act : 1 a registered society may invest or deposit its funds a in the government savings bank, or b in any of the securities specified in section 20 of the indian trusts act, 2 of , or c in the shares or on the security of any other registered society, or d with any bank or person carrying on the business of banking approved for this purpose by the registrar, or e in any other mode permitted by the rules. 2 any investments or deposits made before the commencement of this act which would have been valid if this act had been in force are hereby ratified and confirmed.

section 38. of the cooperative societies act : any sum awarded by way of costs under section 37 may be recovered, on application to a magistrate having jurisdiction in the place where the person from whom the money is claimable actually and voluntarily resides or carries on business, by the distress and sale of any moveable property within the limits of the jurisdiction of such magistrate belonging to such person.

section 33. of the cooperative societies act : no part of the funds of a registered society shall be divided by way of bonus or dividend or otherwise among its members: provided that after at least onefourth of the net profits in any year have been carried to a reserve fund, payments from the remainder of such profits and from any profits of past years available for distribution may be made among the members to such extent and under such conditions as may be prescribed by the rules or bylaws: provided also that in the case of a society with unlimited liability no distribution of profits shall be made without the general or special order of the state government in this behalf

section 39. of the cooperative societies act : 1 if the registrar, after an inquiry has been held under section 35 or after an inspection has been made under section 36 or on receipt of an application made by threefourths of the members of a registered society, is of opinion that the society ought to be dissolved, he may cancel the registration of the society. 2 any member of a society may, within two months from the date of an order made under subsection 1, appeal from such order. 3 where no appeal is presented within two months from the making of an order cancelling the registration of a society, the order shall take effect on the expiry of that period. 4 where an appeal is presented within two months, the order shall not take effect until it is formed by the appellate authority. 5 the authority to which appeals under this section shall lie shall be the state government: provided that the state government may, by notification in the official gazette, direct that appeals shall lie to such revenue authority as may be specified in the notification.

section 34. of the cooperative societies act : any registered society may, with the sanction of the registrar, after onefourth of the net profits in any year has been carried to a reserve fund, contribute an amount not exceeding ten per cent. of the remaining net profits to any charitable purpose, as defined in section 2 of the charitable endowments act, 1 of .

section 40. of the cooperative societies act : where it is a condition of the registration of a society that it should consist of at least ten members, the registrar may, by order in writing, cancel the registration of the society if at any time it is proved to his satisfaction that the number of the members has been reduced to less than ten

section 35. of the cooperative societies act : 1 the registrar may of his own motion, and shall on the request of the collector, or on the application of a majority of the committee, or of not less than onethird of the members, hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a registered society. 2 all officers and members of the society shall furnish such information in regard to the affairs of the society as the registrar or the person authorised by the registrar may require.

section 36. of the cooperative societies act : 1 the registrar shall, on the application of a creditor of a registered society, inspect or direct some person authorised by him by order in writing in this behalf to inspect the books of the society: provided that a the applicant satisfies the registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time and b the applicant deposits with the registrar such sum as security for the costs of the proposed inspection as the registrar may require. 2 the registrar shall communicate the results of any such inspection to the creditor.

section 41. of the cooperative societies act : where the registration of a society is cancelled, the society shall cease to exist as a corporate body a in the case of cancellation in accordance with the provisions of section 39, from the date the order of cancellation takes effect b in the case of cancellation in accordance with the provisions of section 40, from the date of the order.

section 42. of the cooperative societies act : 1 where the registration of a society is cancelled under section 39 or section 40, the registrar may appoint a competent person to be liquidator of the society. 12 a liquidator appointed under subsection 1 shall have power a to institute and defend suits and other legal proceedings on behalf of the society by his name of office b to determine the contribution to be made by the members and past members of the society respectively to the assets of the society c to investigate all claims against the society and, subject to the provisions of this act, to decide questions of priority arising between claimants d to determine by what persons and in what proportions the costs of the liquidation are to be borne and e to give such directions in regard to the collection and distribution of the assets of the society, as may appear to him to be necessary for windingup the affairs of the society. 3 subject to any rules, a liquidator appointed under this section shall, in so far as such powers are necessary for carrying out the purposes of this section, have power to summon and enforce the attendance of witnesses and to compel the production of documents by the same means and so far as may be in the same manner as is provided in the case of a civil court under the code of civil procedure, 5 of . 4 where an appeal from any order made by a liquidator under this section is provided for by the rules, it shall lie to the court of the district judge.2 35 orders made under this section shall, on application, be enforced as follows: a when made by a liquidator, by any civil court having local jurisdiction in the same manner as a decree of such court b when made by the court of the district judge on appeal, in the same manner as a decree of such court made in any suit pending therein. 6 save in so far as is hereinbefore expressly provided no civil court shall have any jurisdiction in respect of any matter connected with the dissolution of a registered society under this act.4 1. this subsection has been amended in its application to the c.p. and berar by the c.p. and berar cooperative societies amendment and liquidators orders validation act, c.p. b. 10 of as continued in force by the c.p. berar expiring laws continuance and amending act, c.p. b. 48 of . 2. for subsection 4a which applies to the u.p., see the cooperative societies amendment act, u.p. 3 of . 3. this subsection has been modified in its application to the u.p., see ibid. 4. for s. 42a ins. in the c.p., see the cooperative societies c.p. amendment act, c. p. 7 of . for sections 42b and 42c ins. in the c.p. and berar, see the following acts as continued in force by the c.p. and berar act 48 of : 1. the c.p. and berar cooperative societies amendment act, c.p. b. 5 of 2. the c.p. and berar cooperative societies amendment act, c.p. b. 6 of and 3. the c.p. and berar cooperative societies amendment and liquidators orders validation act, c.p. b. 10 of .

section 48. of the cooperative societies act : the provisions of the indian companies act, 6 of , shall not apply to registered societies. 1. see now the companies act, 1 of .

section 43. of the cooperative societies act : 1 the state government may, for the whole or any part of the state and for any registered society or class of such societies, make rules1 to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a subject to the provisions of section 5, prescribe the maximum number of shares or portion of the capital of a society which may be held by a member b prescribe the forms to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications c prescribe the matters in respect of which a society may or shall make bylaws and for the procedure to be followed in making, altering and abrogating bylaws, and the conditions to be satisfied prior to such making, alteration or abrogation d prescribe the conditions to be complied with by persons applying for admission or admitted as members, and provide for the election and admission of members, and the payment to be made and the interests to be acquired before the exercise of the right of membership e regulate the manner in which funds may be raised by means of shares or debentures or otherwise f provide for general meetings of the members and for the procedure at such meetings and the powers to be exercised by such meetings g provide for the appointment, suspension and removal of the members of the committee and other officers, and for the procedure at meetings of the committee, and for the powers to be exercised and the duties to be performed by the committee and other officers h prescribe the accounts and books to be kept by a society and provide for the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balancesheet showing the assets and liabilities of a society i prescribe the returns to be submitted by a society to the registrar and provide for the persons by whom and the form in which such returns shall be submitted j provide for the person by whom and the form in which copies of entries in books of societies may be certified k provide for the formation and maintenance of a register of members and, where the liability of the members is limited by shares, of a register of shares l provide that any dispute touching the business of a society between members or past members of the society or persons claiming through a member or past member or between a member or past member or persons so claiming and the committee or any officer shall be referred to the registrar for decision or, if he so directs, to arbitration, and prescribe the mode of appointing an arbitrator or arbitrators and the procedure to be followed in proceedings before the registrar or such arbitrator or arbitrators, and the enforcement of the decisions of the registrar or the awards of arbitrators m provide for the withdrawal and expulsion of members and for the payments, if any to he made to members who withdraw or are expelled and for the liabilities of past members n provide for the mode in which the value of a deceased members interest shall be ascertained, and for the nomination of a person to whom such interest may be paid or transferred o prescribe the payments to be made and the conditions to be complied with by members applying for loans, the period for which loans may be made, and the amount which may be lent, to an individual member p provide for the formation and maintenance of reserve funds, and the objects to which such funds may be applied, and for the investment of any funds under the control of the society q prescribe the extent to which a society may limit the number of its members r prescribe the conditions under which profits may be distributed to the members of a society with unlimited liability and the maximum rate of dividend which may be paid by societies s subject to the provisions of section 39, determine in what cases an appeal shall lie from the orders of the registrar, and prescribe the procedure to be followed in presenting and disposing of such appeals and t prescribe the procedure to be followed by a liquidator appointed under section 42, and the cases in which an appeal shall lie from the order of such liquidator. 3 the state government may delegate, subject to such conditions, if any, as it thinks fit, all or any of its powers to make rules under this section to any authority specified in the order of delegation. 4 the power to make rules conferred by this section is subject to the condition of the rules being made after previous publication. 5 all rules made under this section shall be published in the official gazette and on such publication shall have effect as if enacted in this act. 26 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. for rules, see different local rules and orders. 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 44. of the cooperative societies act : 1 all sums due from a registered society or from an officer or member or past member of a registered society as such to the government, including any costs awarded to the government under section 37, may be recovered in the same manner as arrears of landrevenue. 2 sums due from a registered society to government and recoverable under subsection 1 may be recovered, firstly, from the property of the society secondly, in the case of a society of which the liability of the members is limited, from the members subject to the limit of their liability and, thirdly in the case of other societies, from the members.

section 49. of the cooperative societies act : every society now existing which has been registered under the cooperative credit societies act, 10 of , shall be deemed to be registered under this act, and its bylaws shall, so far as the same are not inconsistent with the express provisions of this act, continue in force until altered or rescinded.

section 45. of the cooperative societies act : notwithstanding anything contained in this act, the state government may, by special order in each case and subject to such conditions, if any, as it may impose, exempt any society from any of the requirements of this act as to registration

section 46. of the cooperative societies act : the state government may, by general or special order, exempt any registered society from any of the provisions of this act or may direct that such provisions shall apply to such society with such modifications as may be specified in the order.

section 50.. of the cooperative societies act : rep. by the second repealing and amending act, 17 of , s. 3 and the second schedule

section 47. of the cooperative societies act : 1 no person other than a registered society shall trade or carry on business under any name or title of which the word cooperative is part without the sanction of the state government: provided that nothing in this section shall apply to the use by any person or his successor in interest of any name or title under which he traded or carried on business at the date on which this act comes into operation. 2 whoever contravenes the provisions of this section shall be punishable with fine which may extend to fifty rupees, and in the case of a continuing offence with further fine of five rupees for each day on which the offence is continued after conviction therefor.

section 7. of the bankers books evidence act : 1 the costs of any application to the court or a judge under or for the purposes of this act and the costs of anything done or to be done under an order of the court or a judge made under or for the purposes of this act shall be in the discretion of the court or judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank. 2 any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding. 3 any order under this section awarding costs may, on application to any court of civil judicature designated in the order, be executed by such court as if the order were a decree for money passed by itself: provided that nothing in this subsection shall be construed to derogate from any power which the court or judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs.

section 8. of the bankers books evidence act : 18. order of court to be construed to be order made by specified officer. in the application of sections 5, 6 and 7 to any investigation or inquiry referred to in subclause iii of clause 4 of section 2, the order of al court or a judge referred to in the said sections shall be construed as referring to an order made by an officer of a rank not lower than the rank of a superintendent of police as may be specified in this behalf by the appropriate government. explanation.in the this section, appropriate government means the government by which the police officer or any other person conducting the investigation or inquiry is employed. 1. ins. by act 1 of , s. 2 w.e.f. .

section 2a. of the bankers books evidence act : 12a. conditions in the printout.a printout of entry or a copy of printout referred to in subsection 8 of section 2 shall be accompanied by the following, namely: a a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager and b a certificate by a person incharge of computer system containing a brief descriptions of the computer system and the particulars of a the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons b the safeguards adopted to prevent and detect unauthorised change of data c the safeguards available to retrieve data that is lost due to systemic failure or any other reasons d the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electromagnetic data storage devices e the mode of verification in order to ensure that data has been accurately transferred to such removable media f the mode of identification of such data storage devices g the arrangements for the storage and custody of such storage devices h the safeguards to prevent and detect any tampering with the system and any other factor which will vouch for the integrity and accuracy of the system. c a further certificate from the person incharge of the computer system to the effect that to the best of his knowledge and behalf, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data. 1. ins. by act 21 of , s. 93 and the third schedule w.e.f. .

section 6. of the bankers books evidence act : 1 on the application of any party to a legal proceeding the court or a judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies. 2 an order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days exclusive of bank holidays before the same is to be obeyed, unless the court or judge shall otherwise direct. 3 the bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same not be enforced without further order.

section 3. of the bankers books evidence act : the state government may, from time to time, by notification in the official gazette, extend the provisions of this act to the books of any partnership or individual carrying on the business of bankers within the territories under its administration, and keeping a set of not less than three ordinary accountbooks, namely, a cashbook, a daybook or journal, and a ledger, and may in like manner rescind any such notification.

section 2. of the bankers books evidence act : in this act, unless there is something repugnant in the subject or context, 11 company means any company as defined in section 3 of the companies act, 1 of , and includes a foreign company within the meaning of section 591 of that act 1a corporation means any body corporate established by any law for the time being in force in india and includes the reserve bank of india, the state bank of india and any subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of 2 bank and banker mean 2a any company or corporation carrying on the business of banking b any partnership or individual to whose books the provisions of this act shall have been extended as hereinafter provided 3c any post office savings bank or money order office 43 bankers books include ledgers, daybooks, cashbooks, account books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a backup or disaster recovery site of both 54 legal proceeding means, i any proceeding or inquiry in which evidence is or may be given ii an arbitration and iii any investigation or inquiry under the code of criminal procedure, 2 of , or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person not being a magistrate authorised in this behalf by a magistrate or by any law for the time being in force 5 the court means the person or persons before whom a legal proceeding is held or taken 6 judge means a judge of a high court division 7 trial means any hearing before the court at which evidence is taken and 68 certified copy means when the books of a bank, a are maintained in written form, a copy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such books is still in the custody of the bank, and where the copy was obtained by mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the banks business after the date on which the copy has been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title and b consists of printouts of data stored in a floppy, disc, tape or any other electromagnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2a. 7c a printout of any entry in the books of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry and such printout contains the certificate in accordance with the provisions of section 2a. 1. subs. by act 56 of , s. 4, for clause 1. 2. subs. by s. 4, ibid., for subclause a 3. added by act 1 of , s. 2. 4. subs. by act 55 of , s. 11, for subsection 3 w.e.f. . 5. subs. by act 1 of , s. 2, for clause 4 w.e.f. . 6. subs. by act 21 of , s. 93 and the third schedule, for subsection 8 w.e.f. . 7. ins. by act 55 of , s. 11 w.e.f. .

section 4. of the bankers books evidence act : subject to the provisions of this act, a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.

section 1. of the bankers books evidence act : 1 this act may be called the bankers books evidence act, . 2 it 1extends to the whole of india 2except the state of jammu and kashmir 3 4 1. the act has been extended in its application to the whole of the union territory of lakshadweep with effect from vide reg. 8 of , s. 3 and the schedule and to the union territory of pondicherry by act 26 of , s. 3 and the schedule. this act shall apply in relation to the development banks as if that were a bank as defined in section 2 of this act, vide act 18 of , s. 33. 2. subs. by act 3 of , s. 3 and the schedule, for except part b state. 3. the word and rep. by act 10 of , s. 3 and the second schedule. 4. subsection 3 rep. by s. 3 and the second schedule, ibid.

section 5. of the bankers books evidence act : no officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any bankers book the contents of which can be proved under this act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the court or a judge made for special cause.

section 6. of the victoria memorial act : show related subordinates 16. power of trustees to make regulations.1 the trustees may, with the previous approval of the central government, by notification in the official gazette, make regulations, not inconsistent with this act and the rules made thereunder, for enabling the body to discharge its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the conditions and restrictions subject to which articles and things vested in the trustees may be given on loan b the recruitment and conditions of service of the employees of the victoria memorial. 3 every regulation shall, as soon as may be, after it is made by the trustees, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by s. 4,ibid.

section 1. of the victoria memorial act : show related subordinates 1 this act may be called the victoria memorial act, 1 1 1. the word and and subsection 2 rep. by the repealing and amending act, 10 of , s. 3 and the first schedule.

section 5. of the victoria memorial act : show related subordinates 1 the central government 1by notification in the official gazette, may make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide a for the manner in which trustees, other than ex officio trustees, shall be appointed, and for the periods of time for which such trustees shall hold office b for the manner in which meetings of the trustees shall be convened, the quorum necessary for the transaction of business, and the procedure at such meetings 2bb for the manner in which a majority decision of the trustees shall be obtained by circulation to the trustees of the matter requiring decision c for the appointment of committees of the trustees, and the powers of expenditure and control which may be delegated to such committees d for the erection, maintenance .and management of the memorial, the care and custody of the objects deposited therein, and the conditions under which the public shall have access thereto 3da for the fees to be levied for admission to the victoria memorial e for the form of accounts to be kept by the trustees, and for the audit and publication of such accounts. 4 5 63 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 32 of , s. 2. 2. ins. by act 25 of . s. 3. 3. ins. by act 32 of . s. 3. 4. the word and omitted by s. 3 ibid. 5. clause f omitted by s. 3 ibid. 6. ins. by act 32 of , s. 3.

section 3. of the victoria memorial act : show related subordinates all sums of money now in the custody of the said provisional executive committee and all other property, whether movable or immovable, which have been or may hereafter be given, bequeathed or otherwise transferred for the purposes of the said memorial or acquired for the said purposes by the trustees shall vest in the trustees.

section 4. of the victoria memorial act : show related subordinates all officers and servants employed by the trustees shall be deemed to be public servants within the meaning of the indian penal code 45 of : provided that this section shall not apply to persons in the service of any contractor employed by the trustees.

section 2. of the victoria memorial act : show related subordinates 11 the trustees of the victoria memorial hereinafter called the trustees shall be the following, namely: a the government of west bengal, ex officio, chairman b the chief justice of the high court of west bengal, ex officio c three persons to be nominated by the central government, one of whom shall be a representative of commerce and industry, chosen in consultation with the state government of west bengal and two others chosen from among persons who, in the opinion of the central government, have expert knowledge of the exhibits in the victoria memorial or are museologists, historians or art historians d a representative of the central government in the ministry concerned with matters relating to the victoria memorial, ex officio e a representative of the central government in the ministry of finance, department of expenditure, concerned with matters relating to the victoria memorial, ex officio f the mayor of the corporation of calcutta and where the corporation of calcutta is superseded, the administrator of that corporation, ex officio g an officer, not below the rank of the accountant general, nominated by the comptroller and auditor general of india, ex officio h the secretary to the government of west bengal in the department of education, ex officio i four persons of whom one at least shall he from the general body of subscribers, to be nominated by the trustees from among persons, who, in the opinion of the trustees from among persons, who, in the opinion of the victoria memorial or are museologists, historians or art historians, with the approval of the central government. 2 the trustees shall be a body corporate, with perpetual succession by the name of the trustees of the victoria memorial and a common seal, and in that name shall sue and be sued, and shall have power to acquire and hold property to enter into contracts, and to do all acts necessary for and consistent, with the purposes of this act. 23 all acts done by a majority by those present and voting at a meeting of the trustees, and all acts done in pursuance of a majority decision of the trustees obtained by circulation to the trustees of the matter requiring decision, shall be deemed to be acts of the trustees. 33a if any of the trustees referred to in clauses b, d, e, f, g and h of subsection 1 is unable to attend any meeting of the trustees, he may, with the previous approval of the chairman, authorise in writing a person to do so. 4 no act of the trustees shall be, deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of the body of the trustees. 5 in the case of ex officio trustees the person for the time being performing the duties of any of the offices mentioned in subsection 1 shall act as a trustee. 6 the trustees may appoint a person to act as their secretary. 7 orders for the payment of money on behalf of the trustees shall be deemed to be sufficiently authenticated if signed by two trustees and countersigned by the secretary. 1. subs. by act 32 of , s. 2, for subsection 1. 2. subs. by act 25 of , s. 2, for subsection 3 with retrospective effect. 3. ins. by act 32 of , s. 2.

section 8. of the manipur courts act : save as otherwise provided by this act or any other law for the time being in force, the court of the judicial commissioner shall, with reference to any civil or criminal proceeding under any law for the time being in force in the 1 union territory of manipur, be the highest court of appeal, revision or reference. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 1. of the manipur courts act : 1 this act may be called the manipur courts act, . 2 it extends to the whole of the 1 union territory of manipur. 3 it shall come into force on such date2 as the chief commissioner may, by notification in the official gazette, appoint. 1. subs. by a.o. no. 3, for state of manipur w.e.f. . 2. 1st march, , vide chief commissioner, manipurs notification no. j/12/, dated 3rd february, .

section 2. of the manipur courts act : in this act, unless the context otherwise requires, i chief commissioner means the chief commissioner of manipur ii civil suit includes every suit of a civil nature not expressly or impliedly classed otherwise by any law for the time being in force iii district court means the court of the district judge and includes the court of the additional district judge iv hill areas mean such areas in the hill tracts of the 1 union territory of manipur as the chief commissioner may, by notification in the official gazette, declare to be hill areas v small cause suit means a suit of the nature cognizable by a court of small causes under the provincial small cause courts act, 9 of vi value in relation to a suit means the amount or value of the subjectmatter of the suit. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 7. of the manipur courts act : subject to such orders as the judicial commissioner may make as regards the distribution of business between himself and the additional judicial commissioner, the jurisdiction of the court of the judicial commissioner may be exercised by the judicial commissioner or by the additional judicial commissioner.

section 9. of the manipur courts act : 1 the judicial commissioner may appoint a registrar and such other ministerial officers as may be necessary for the administration of justice by the court of the judicial commissioner and for the exercise of the powers and the performance of the duties conferred or imposed on the court by or under this act or any other law for the time being in force. 2 the judicial commissioner may make rules for delegating to the registrar such powers and duties of a judicial, quasijudicial or nonjudicial nature as he thinks fit and the ministerial officers shall exercise such powers and perform such duties of a quasijudicial or nonjudicial nature as the judicial commissioner may direct.

section 6. of the manipur courts act : the judicial commissioner shall have rank and precedence before the additional judicial commissioner and shall be responsible for the administration of, and generally for the distribution of business in, the court of the judicial commissioner.

section 4. of the manipur courts act : 1 the judicial commissioner and the additional judicial commissioner, if any, shall be appointed by, and shall hold office during the pleasure of, the president. 2 a person shall not be appointed as judicial commissioner or additional judicial commissioner unless he is qualified to be appointed as a judge of a high court under clause 2 of article 217 of the constitution or unless he was, immediately before the commencement of this act, the judicial commissioner of manipur.

section 10. of the manipur courts act : 1 the general superintendence and control of all courts in the 1 union territory of manipur shall vest in, and all such courts shall be subordinate to, the court of the judicial commissioner. 2 in exercise of the powers of general superintendence and control vested in it but without prejudice to the generality of such powers, the court of the judicial commissioner may, a call for returns from such courts b direct the transfer of any suit, proceeding, case or appeal from any subordinate court to any other court of equal or superior jurisdiction c make rules and issue general directions and prescribe forms for regulating practice and procedure of subordinate courts d prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 3. of the manipur courts act : there shall be established for the 1 union territory of manipur a court to be known as the court of the judicial commissioner for manipur which shall consist of the judicial commissioner and the additional judicial commissioner, if any. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 5. of the manipur courts act : on the occurrence of a vacancy in the office of the judicial commissioner, the additional judicial commissioner, if any, or if there is no additional judicial commissioner, the seniormost district judge shall, pending the appointment of the judicial commissioner, act as the judicial commissioner.

section 11. of the manipur courts act : 1 the court of the judicial commissioner shall keep such registers, books and accounts as may be necessary for the transaction of the business of the court and shall forward to the chief commissioner such of these registers, books and accounts and such statements of the work done in the court as may, from time to time, be required by the chief commissioner. 2 the court of the judicial commissioner shall also comply with such requisitions as may be made by the central government or the chief commissioner for certified copies of, or extracts from, the records of the court of the judicial commissioner or any court subordinate thereto.

section 12. of the manipur courts act : notwithstanding anything contained in the code of civil procedure, 5 of , or the code of criminal procedure, 5 of , the court of the judicial commissioner shall record evidence and judgments in such manner and prescribe such forms to be used in proceedings before it, as it may direct by rules made by it with the sanction of the chief commissioner.

section 13. of the manipur courts act : 1 the court of the judicial commissioner may, subject to such rules as it may with the sanction of the chief commissioner make, admit proper persons to be advocates, vakils and pleaders in any court in the 1 union territory of manipur and may remove or suspend from practice on reasonable cause any person so admitted and may authorize such advocates, vakils and pleaders to plead or to act or to plead and act for parties and accused persons. 2 no person other than an advocate, vakil or pleader shall be allowed to plead or to act for parties and accused persons except that any party may appear, plead or act on his own behalf or on behalf of another party if so authorized. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 18. of the manipur courts act : 1 when the business pending before the court of a district judge requires the aid of an additional district judge for its speedy disposal, the chief commissioner may, after consultation with the judicial commissioner, appoint such number of additional district judges as may be necessary. 2 the additional district judges so appointed shall discharge any of the functions of a district judge which the district judge may assign to them and in the discharge of those functions they shall exercise the same powers as the district judge.

section 14. of the manipur courts act : the court of the judicial commissioner shall be a court of record and shall have all powers of such court including the power to punish for contempt of itself.

section 15. of the manipur courts act : the court of the judicial commissioner shall sit at imphal or at such other place or places, if any, as the judicial commissioner may, with the approval of the chief commissioner, from time to time, appoint.

section 16. of the manipur courts act : in addition to the court of the judicial commissioner and the courts of small causes established under the provincial small cause courts act, ix of , and the courts established under any other law for the time being in force, there shall be the following classes of civil courts in the 1 union territory of manipur, namely: i the district court ii the court of a subordinate judge iii the court of a munsiff: provided that the court of a subordinate judge shall be established only with effect from such date as the chief commissioner may, by notification in the official gazette, specify. . subs. by a.o. no. 3, for state of manipur w.e.f. .

section 17. of the manipur courts act : 1 for the purposes of this chapter, the chief commissioner may, by notification in the official gazette, divide the 1 union territory of manipur into civil districts and subdivisions, alter the limits or the number of these districts and subdivisions and determine the headquarters of each district and subdivision. 2 the chief commissioner shall, after consultation with the judicial commissioner, appoint as many persons as he thinks necessary to be district judges and shall post one of these persons to each district as district judge of that district: provided that the same person may, if the chief commissioner thinks fit, be appointed to be district judge of two or more districts. 1. subs. by a.o. no. 3, for state of manipur w.e.f. .

section 19. of the manipur courts act : 1 the chief commissioner may, after consultation with the judicial commissioner, fix the number of subordinate judges and munsiffs to be appointed and if there is a vacancy in that number, may, subject to the rules, if any, made under subsection 2, appoint such person as is nominated by the judicial commissioner to the vacancy. 2 the chief commissioner may, after consultation with the judicial commissioner, make rules as to the qualifications of persons to be appointed as subordinate judges and munsiffs.

section 24. of the manipur courts act : the judicial commissioner may, by notification in the official gazette, confer within such local limits as he thinks fit, upon any district judge, subordinate judge or munsiff, the jurisdiction of a judge of the court of small causes under the provincial small cause courts act, 9 of , for the trial of suits of the nature cognizable by such courts upto such value not exceeding five hundred rupees, as he thinks fit and may withdraw any jurisdiction so conferred.

section 20. of the manipur courts act : the district court shall be the principal civil court of original jurisdiction in the district.

section 26. of the manipur courts act : 1 the chief commissioner may, by order, fix a place or places at which any court constituted under this chapter is to be held. 2 the place or places so fixed may be beyond the local limits of the jurisdiction of the court. 3 save as otherwise provided by an order under this section, a court constituted under this act may be held at any place within the local limits of its jurisdiction.

section 21. of the manipur courts act : save as otherwise provided by any other law for the time being in force, the district court, shall, subject to the provisions of section 15 of the code of civil procedure, 5 of , have original jurisdiction in all civil suits without limit as regards the value.

section 22. of the manipur courts act : the jurisdiction in original civil suits as regards the value to be exercised by a subordinate judge or a munsiff shall be determined by the chief commissioner in such manner as he thinks fit, after consultation with the judicial commissioner: provided that in no case shall the jurisdiction of a munsiffbe without limit.

section 23. of the manipur courts act : 1 the local limits of the jurisdiction of the court of a subordinate judge or a munsiff shall be such as the chief commissioner may, by notification in the official gazette, define. 2 when the chief commissioner posts a subordinate judge to a district, the local limits of the district shall, in the absence of any direction to the contrary, be the local limits of his jurisdiction.

section 25. of the manipur courts act : 1 the judicial commissioner may, by general or special order, authorize any subordinate judge or munsiff to take cognizance of, or any district judge to transfer to a subordinate judge or a munsiff under his administrative control, any proceeding or class of proceedings specified in such order, under a the indian succession act, or b the guardians and wards act, 8 of or c the provincial insolvency act, 5 of . 2 the district judge may withdraw any such proceeding taken cognizance of by, or transferred to, a subordinate judge or a munsiff and may either himself dispose of them or transfer it for disposal to any other competent court under his administrative control. 3 proceedings taken cognizance of by, or transferred to, a subordinate judge or a munsiff under this section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the district judge: provided that an appeal from an order of the munsiff in any such proceedings shall lie to the district judge. 4 an appeal from the order of the district judge on appeal from the order of a munsiff under this section shall lie to the court of the judicial commissioner if a further appeal from the order of the district judge is allowed by the law for the time being in force.

section 27. of the manipur courts act : subject to the general superintendence and control of the court of the judicial commissioner, the district judge shall have administrative control over all the civil courts under this chapter within the local limits of his jurisdiction.

section 28. of the manipur courts act : notwithstanding anything contained in the code of civil procedure, 5 of , the district judge may, by written order, direct that any business cognizable by his court and the courts under his control shall be distributed among such courts, and in such manner, as he thinks fit: provided that no direction issued under this section shall empower any court to exercise any power and deal with any business beyond the limits of its jurisdiction.

section 34. of the manipur courts act : in addition to the powers conferred by section 115 of the code of civil procedure, 5 of , the court of the judicial commissioner may, on application made to it, call for the record of any case which has been decided by a civil court subordinate to it and in which no appeal lies to it and if the court of the judicial commissioner is of opinion that there is an important question of law or custom and the question requires further consideration, the court of the judicial commissioner may make such order in the case as it thinks fit: provided that i no application shall be admitted after the expiration of ninety days from the date of the decision in respect of which the application is made unless the applicant satisfies the court of the judicial commissioner that he had sufficient cause for not making application within that period ii on any such application the court of the judicial commissioner shall not revise the decision of the court below except in so far as such decision involves a question of law or custom in respect of which the application has been admitted and iii when any such application has been admitted the court of the judicial commissioner shall, subject to clause ii of this proviso, treat the matter of the application as if it were an appeal. explanation 1.the question of procedure is not a question of law or custom within the meaning of this section. explanation 2.in computing the period of limitation mentioned in clause i of this proviso and in all other respects not herein specified, the period of limitation of the application shall be governed by the provisions of the indian limitation act, 5 of .

section 29. of the manipur courts act : every court under this chapter shall use a seal of such form and dimension as are prescribed by the chief commissioner.

section 35. of the manipur courts act : 1 the court fees payable on applications to the court of the judicial commissioner for the exercise of its jurisdiction under section 34 shall be such as are prescribed by the chief commissioner in consultation with the judicial commissioner. 2 if the court of the judicial commissioner, on an application in respect of which the court fee payable under subsection 1 has been paid, sets aside or modifies a decree or order of the court below or remands the case for further decision, the court of the judicial commissioner may grant to the applicant a certificate authorising him to receive back from the collector of the district in which the court below is situated or from such other officer as the chief commissioner may authorise by notification in the official gazette, the full amount of such court fee or such part thereof as the court of the judicial commissioner having regard to the circumstances of the case may think fit.

section 30. of the manipur courts act : 1 ministerial officers of the district court shall be appointed by the district judge. 2 ministerial officers of civil courts under the administrative control of the district judge shall be appointed by the district judge. 3 every appointment under this section shall be subject to such rules as the judicial commissioner may make in this behalf. 4 any order passed by the district judge under this section shall be liable to be reversed or modified by the judicial commissioner.

section 36. of the manipur courts act : in the event of death of a district judge or of his being prevented from performing his duties by illness or other cause or of his absence from the civil district on leave, the additional district judge, if any, in the district or where there is no additional district judge, the seniormost subordinate judge, or as the case may be, the seniormost munsiff in the district shall assume charge of the district court without interruption of his ordinary jurisdiction and being so in charge shall perform the duties of the district judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall be designated as the additional district judge or the subordinate judge or the munsiff, as the case may be, in charge of the district and shall continue in such charge until the office of the district judge has been resumed by him or assumed by an officer duly appointed thereto.

section 31. of the manipur courts act : the district judge may, with the previous sanction of the judicial commissioner, delegate to the judge of any court under his administrative control all or any of the powers conferred on a district judge by section 27 and section 28 of this act and on a district court by section 24 of the code of civil procedure, 5 of , to be exercised by the judge in any specified portion of the district subject to the control of the district judge.

section 38. of the manipur courts act : in the event of death, suspension or temporary absence of a subordinatejudge or a munsiff, the district judge may empower any other subordinate judge or munsiff of the same civil district to continue the duties of the vacated court of the subordinate judge or munsiff either at the place of such court or of his own court but in every such case the register and record of the court shall be kept distinct.

section 32. of the manipur courts act : save as otherwise provided by any law for the time being in force, appeals from decrees or orders of courts exercising original jurisdiction shall lie as follows: a from a decree or order of a munsiff in any suit and of a subordinate judge in a suit the value of which does not exceed five thousand rupees, to the court of the district judge and b in all other cases, to the court of the judicial commissioner.

section 33. of the manipur courts act : a second appeal shall lie to the court of the judicial commissioner from an appellate decree or order of a district court on any ground on which a second appeal lies under section 100 of the code of civil procedure, 5 of .

section 37. of the manipur courts act : any district judge leaving headquarters and proceeding on duty to any place in the district may delegate to the additional district judge, if any, or where there is no such additional district judge, to a subordinate judge or, as the case may be, to a munsiff at the headquarters, the power of performing such duties enumerated in section 36 as may be emergent and such officer shall be designated as the additional district judge or the subordinate judge or the munsiff, as the case may be, in charge of the headquarter.

section 39. of the manipur courts act : 1 the chief commissioner after consultation with the judicial commissioner may, by notification in the official gazette, invest, by name or in virtue of office, any officer in the hill areas with the powers of any civil court under this act and upon such investiture the provisions of this act shall, so far as they can be made applicable, apply to him as if he were a judge of the court with the powers of which he is invested. 2 where the place at which the court of an officer invested with powers under subsection 1 is to be held, has not been fixed under section 26, the court may be held at any place within the local limits of its jurisdiction. 3 the code of civil procedure, 5 of , shall apply to all suits and proceedings before the court of an officer invested with powers under subsection 1 subject to the following exceptions, namely: a a defendant in a suit may, instead of filing a written statement, make an oral statement of his defence which shall be recorded by the court b all applications by parties in any suit or proceeding may be made orally before the court c no appearance, application or act in or to the court, required or authorised by law to be made or done by a party in such court shall be made or done by a pleader as defined in the code of civil procedure, 5 of save with the permission of the court d it shall be sufficient for the court to make a memorandum of the substance of the evidence of any witness examined by it and it shall not be necessary for the court to take down evidence of any witness in writing at length unless the court is, on the application of any party or otherwise, satisfied that there is any special reason for so doing.

section 45. of the manipur courts act : 1 the manipur state courts act , as amended by the manipur state courts amendment order, , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken including any appointment or delegation made, order, instrument or direction issued, rule or regulation made under that act shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue in force accordingly unless and until superseded by anything done or any action taken under the relevant provisions of this act.

section 40. of the manipur courts act : the court of the judicial commissioner may make rules consistent with this act and any other law for the time being in force, providing for all or any of the following matters, namely: a the supervision of all courts subordinate to the court of the judicial commissioner and their inspection b the translation of any papers filed in the court of the judicial commissioner and the preparation of paperbooks for the hearing of appeals and the copying, typing or printing of any such papers or translations and the recovery from the persons at whose instance or on whose behalf papers are filed, all the expenses thereby incurred c the fees to be charged for processes issued by a civil court or by any officer of any such court and the fee payable in any suit or proceeding, in any such court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceeding d the manner in which the proceedings of civil courts shall be kept and recorded, and the manner in which paperbooks for the hearing shall be prepared and the granting of copies e the various matters relating to the officers of the court f the persons to be, permitted to act as petitionwriters in the court subordinate thereto or act as pleaders clerks g the issue of licences to persons referred to in clause f, the conduct of business by them and the scale of fees to be charged by them h the authority by which breaches of such rules shall be investigated and the penalty which may be imposed.

section 46. of the manipur courts act : the court of the judicial commissioner established under section 3 is hereby declared to be a high court for the purposes of articles 132, 133 and 134 of the constitution and the provisions of the judicial commissioners courts declaration as high courts act, 15 of , shall apply to that court as they apply to a judicial commissioners court in existence at the commencement of this act.

section 41. of the manipur courts act : 1 the presiding officer of a court shall not try any suit, proceeding or other case, or hear any appeal, to which he is a party or in which he is personally interested. 2 no presiding officer shall hear an appeal from any judgment, decree, sentence or order passed or made by himself. 3 where any such suit, proceeding, case or appeal as is referred to in subsection 1 or subsection 2 comes before any such officer, he shall transmit forthwith the record of such suit, proceeding, case or appeal as the case may be, to the court to which he is immediately subordinate with the report of the circumstances attending the reference. 4 the superior court may transfer the suit, proceeding, case or appeal either to itself or to any court under its administrative control competent to decide it.

section 42. of the manipur courts act : 1 where in any suit or proceeding, it is necessary for any court under this act to decide any question regarding succession, inheritance, marriage or caste or any religious usage or institution, any custom if such there be having the force of law, orany personal law, governing the parties, or the property of the parties to such suit or proceeding shall form the rule of decision except in so far as such custom or personal law has, by legislative enactment, been altered or abolished. 2 in cases not provided for by subsection 1 or by any other law for the time being in force, the court shall decide the suit or proceeding according to justice, equity and good conscience.

section 43. of the manipur courts act : 1 subject to the approval of the chief commissioner, the judicial commissioner shall prepare a list of days to be observed in each year as closed holidays in the court of the judicial commissioner and the civil courts subordinate to that court. 2 the list of holidays shall be published in the official gazette. 3 a judicial act done by a court on a day specified in the list shall not be invalid by reason only of its having been done on that day.

section 44. of the manipur courts act : 1 any suit, proceeding, case or appeal pending in a court immediately before the commencement of this act shall, upon the commencement of this act, be deemed to be transferred to the court exercising under this act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court in which the suit, proceeding, case or appeal was pending and the court to which the suit, proceeding, case or appeal is deemed to be transferred shall proceed to try, hear and determine the matter as if it had been pending in that court. 2 any appeal from a judgment, decree, sentence or order passed or made by a court and not appealed against before the commencement of this act shall, after such commencement, lie to the court exercising under this act jurisdiction which corresponds, as far as may be, to the jurisdiction of the court to which such appeal would have lain if this act had not been passed and had not come into force. 3 any judgment, decree, sentence or order passed or made before the commencement of this act by any court shall be deemed for the purpose of execution to have been passed by a court constituted under this act which corresponds, as far as may be, to the court which passed or made the judgment, decree, sentence or order as the case may be: provided that nothing contained in subsection 1 or subsection 2 shall be construed as extending period of limitation to which any suit, proceeding, case or appeal may be subject.

section 2. of the warehousing corporations supplementary act : the warehousing corporations act, 58 of , shall, in its application to the states for the time being specified in the schedule, have effect as if in clause e of section 2 of that act the words and figures being a commodity with respect to which parliament has power to make laws by virtue of entry 33 in list iii in the seventh schedule to constitution had been omitted.

section 1. of the warehousing corporations supplementary act : 1 this act may be called the warehousing corporations supplementary act, . 2 it shall apply to the state specified in the schedule: provided that the central government may, by notification in the official gazette, add the name of any other state to the schedule in respect whereof resolutions have been passed by the legislatures of those states adopting this act under clause 1 of article 252 of the constitution in respect of the storage of commodities other than those covered by the warehousing corporations act, 58 of , and on the issue of any such notification the states so added shall be deem to be states specified in the schedule within the meaning of this subsection. 3 it shall come into force on such date1 , as the central government may, by notification in the official gazette, appoint. 1. 27th november, , vide notification no. g.s.r. , dated 17th, nevember, , see gazette of india, part ii, sec. 3i.

section 7., of corporation. of the national cooperative development corporation act : 1 the corporation 1shall ordinarily meet twice a year at such times and places and shall, subject to the provisions of subsections 2 and 3, observe such procedure in regard to transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the corporation under this act. 2 the 2president or, in his absence, the 3vicepresident or, in the absence of both the 2president 2president and the 3vicepresident, any member chosen by the members present from amongst themselves, shall preside at a meeting of the corporation. 3 all questions at a meeting of the corporation shall be decided by a majority of votes of the members present and voting, and in the case of an equality of votes, the 4president or, in his absence, the 5vicepresident or, in the absence of both the 4president and the 5vicepresident, the person presiding shall have and exercise a second or casting vote. 1. subs. by s. 6, ibid., for shall meet at such times w.e.f. . 2. subs. by s. 6, ibid., for chairman w.e.f. . 3. subs. by s. 6, ibid., for vicechairman w.e.f. . 4. subs. by act 3 of , s. 6, for chairman w.e.f. . 5. subs. by s. 6, ibid., for vicechairman w.e.f. .

section 1. of the national cooperative development corporation act : 1 this act may be called the national cooperative development corporation act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 32 of , s. 2 w.e.f. . 2. 14th march, , vide notification no. g.s.r. 456, dated 14th march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the national cooperative development corporation act : in this act, unless the context otherwise requires, 1a agricultural produce includes the following: i edible and nonedible oil seeds ii cattle feed, including oilcakes and other ingredients iii produce of horticulture and animal husbandry iv produce of forestry v produce of poultry farming vi produce of pisciculture and vii produce of other allied activities, whether or not undertaken jointly with agriculture 2aa bank means a nationalised bank and includes a scheduled bank ab board means the board of management of the corporation constituted under section 10 3aba central financing institution means industrial development bank of india established under subsection 1 of section 3 of the industrial development bank of india act, 18 of or the industrial finance corporation of india limited, a company formed and registered under the companies act, 1 of , or the industrial credit and investment corporation of india limited, a company formed and registered under the indian companies act, 7 of 4b central warehousing corporation means the central warehousing corporation established under subsection 1 of section 3 of the warehousing corporations act, 58 of c cooperative society means a society registered or deemed to be registered under the cooperative societies act, 2 of or under the multistate cooperative societies act, 51 of or under any other law with respect to cooperative societies for the time being in force in any state, which is engaged in any of the activities specified in subsection 1 of section 9 and includes a cooperative land development bank, by whatever name called d corporation means the national cooperative development corporation established under 5subsection 1 of section 3 6da foodstuffs, include i coconuts and arecanuts ii eggs and egg products iii fish, whether fresh, frozen, dried or preserved iv fruits, whether fresh, dried or dehydrated v honey vi meat, whether fresh, frozen, dried or preserved vii milk and milk products viii vegetables db general council means the general council of the corporation constituted under subsection 4 of section 3 7dba industrial goods means the products of industrial cooperatives or cottage and village industries or products of allied industries in the rural area and includes any handicrafts or rural crafts dbb livestock includes all animals to be raised for milk, meat, fleece, skin, wool and other byproducts dc managing director means the managing director of the corporation 8dd nationalised bank means a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of e notified commodity means any commodity other than agricultural produce 2 and foodstuffs which the central government may, by notification in the official gazette, declare to be a notified commodity for the purposes of this act, being a commodity with respect to which parliament has power to make laws by virtue of entry 33 in list iii in the seventh schedule to the constitution 7ea notified services means any service which the central government may, by notification in the official gazette, declare to be notified services for the purposes of this act f prescribed means prescribed by rules made under this act g reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of 6ga scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of 9h state bank means the state bank of india constituted under the state bank of india act, 23 of or any of the subsidiary banks of the state bank of india ha state cooperative bank has the same meaning as in the national bank for agriculture and rural development act, 61 of i year means the financial year. 1. subs. by act 45 of , s. 3, for clause a w.e.f. . 2. ins. by act 3 of , s. 3 w.e.f. . 3. ins. by act 45 of , s. 3 w.e.f. . 4. subs. by s. 3, ibid., for clauses b and c w.e.f. . 5. subs. by act 3 of , s. 3, for section 3 w.e.f. . 6. ins. by s. 3, ibid. w.e.f. . 7. ins. by act 45 of , s. 3 w.e.f. . 8. subs. by s. 3, ibid., for clause dd w.e.f. . 9. subs. by act 45 of , s. 3, for clause h w.e.f.

section 6. of the national cooperative development corporation act : the central government may, at any time, remove from office any member other than an ex officio member of the corporation after giving him a reasonable opportunity of showing cause against the proposed removal.

section 3. of the national cooperative development corporation act : show related subordinates 1 the central government shall, by notification in the official gazette, establish with effect from such date as may be specified in the notification, a corporation by the name of the national cooperative development corporation which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may, in the said name, sue and be sued. 2 the headoffice of the corporation shall be in new delhi. 13 the corporation shall carry on its functions through the general council and the board. 4 the general council shall consist of the following members, namely: i a president and a vicepresident, both to be nominated by the central government ii eight members, ex officio, to be nominated by the central government from such of its ministries dealing with economic matters as it may think fit 2iii chairman of the national bank of agriculture and rural development constituted under the national bank for agriculture and rural development act, 61 of , ex officio iv managing director of the state bank, ex officio v managing director of the food corporation of india, constituted under the food corporations act, , 37 of ex officio vi managing director of the central warehousing corporation, constituted under the warehousing corporations act, 59 of , ex officio 3vii one member to be nominated by the central government from amongst the chairmen of one of the central financing institutions, ex officio viii a member representing banks, to be nominated by the central government ix chairman of the national cooperative union of india, ex officio x chairman of the national agricultural cooperative marketing federation, ex officio xi chairman of the national federation of cooperative sugar factories, ex officio xii chairman of the all india federation of cooperative spinning mills, ex officio xiii chairman of the all india state cooperative banks,federation, ex officio xiv eleven members, other than those nominated under clause xv, representing the states and the union territories, to be nominated by the central government, provided that not more than one person shall be so nominated from each state or union territory xv eleven members to be nominated by the central government from among the chairmen of the state level cooperative federations from the states and union territories, provided that not more than one person shall be so nominated from each state or union territory xvi four members representing persons having special knowledge of, or practical experience in, agricultural cooperative development, to be nominated by the central government xvii 4fourmembers representing national level organisations engaged or interested in the promotion and development of cooperative programmes, to be nominated by the central government xviii the managing director. 5 the powers and functions of the corporation shall be exercised or discharged, as the case may be, by the general council, and references elsewhere in this act to the corporation shall, unless the context otherwise requires, be construed as references to the general council. 6 notwithstanding the expiry of the prescribed term of his office, every member of the general council shall continue to hold office as such, until his successor in such office has assumed charge of such office. 7 members of the general council, other than the managing director, shall be entitled to receive such sitting fees as may be specified by regulations made by the corporation under this act, for attending any meeting of the general council, board or any committee of the corporation: provided that no official member shall be entitled to receive any sitting fee. 1. subs. by act 3 of , s. 4, for subsections 3, 4 and 5 w.e.f. . 2. subs. by act 45 of , s. 4, for clauses iii and iv w.e.f. . 3. subs. by s. 4, ibid., for clause vii w.e.f. . 4. subs. by act 45 of , s. 4, for three members w.e.f.

section 2a. of the national cooperative development corporation act : 12a. construction of references to any law not in force or any functionary not existence in the state of jammu and kashmir.omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 32 of , s. 3 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 9. of the national cooperative development corporation act : 1 1 subject to the provisions of this act, the functions of the corporation shall be to 2 plan, promote and financeprogrammes, through cooperative societies, for a the production, processing, marketing, storage, export and import of agricultural produce, foodstuffs, poultry feed and notified commodities b the collection, processing, marketing, storage and export of minor forest produce 3 cdevelopment of notified services. 2 in particular and without prejudice to the generality of the foregoing provision, the corporation may a advance loans or grant subsidies to state governments for financing cooperative societies and for employment of staff for implementing programmes of cooperative development b provide funds to state governments for financing cooperative societies for the purchase of 4 agricultural produce, foodstuffs 5livestock, poultry feed, industrial goods, notified commodities and notified services on behalf of the central government c plan and promote programmes through cooperative societies for the supply of seeds, manures, fertilizers, agricultural implements and other articles for the development of agricultural produce 6d provide loans and grants directly to the national level cooperative societies and other cooperative societies having objects extending beyond one state e provide loans to cooperative societies on the guarantee of state governments or in the case of cooperative societies in the union territories, on the guarantee of central government: 7 providedthat no such guarantee shall be required in cases in which security to thesatisfaction of the corporation is furnished by the borrowing cooperativesociety f participate in the share capital of the national level cooperative societies and other cooperative societies having objects extending beyond one state. 3 the corporation shall so exercise its functions under this section as not to interfere with the activities of the khadi and village industries commission established under the khadi and village industries commission act, 61 of . 1. subs. by s. 8, ibid., for subsection 1 w.e.f. . 2. subs. by act 45 of , s. 5, for plan and promote w.e.f. . 3. ins. by s. 5, ibid. w.e.f. . 4. subs. by act 3 of , s. 8, for agricultural produce w.e.f. . 5. subs. by act 45 of , s. 5, for and notified commodities w.e.f. . 6. ins. by act 3 of , s. 8. w.e.f. . 7. the proviso ins. by act 45 of , s. 5 w.e.f. .

section 4. of the national cooperative development corporation act : show related subordinates a person shall be disqualified for being chosen as, and for being, a member of the corporation i if he is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors or ii if he is or has been convicted of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, unless a period of five years has elapsed from the date of expiry of the sentence or iii 1except in the case of managing director, if he is a salaried official of the corporation. 1. ins. by act 3 of , s. 5 w.e.f. .

section 5. of the national cooperative development corporation act : 1 the term of office of members of the corporation and the manner of filling vacancies among members shall be such as may be prescribed. 2 any member of the corporation other than an ex officio member may resign his office by giving notice in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his office.

section 8. of the national cooperative development corporation act : 1 the central government shall, in consultation with the corporation, appoint a person to be the 1 managing director. 2 subject to such rules as may be made by the central government in this behalf, the corporation may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. 3 the methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the corporation shall, a as respects the 2 managing director, be such as may be prescribed and b as respects the other officers and employees, be such as may be determined by regulations made by the corporation under this act. 3 4 the managing director shall exercise such powers and perform such duties as the board may entrust or delegate to him. 1. subs. by s. 7, ibid., for secretary of the corporation w.e.f. . 2. subs. by s. 7, ibid., for secretary w.e.f. . 3. ins. by s. 7, ibid. w.e.f. .

section 10. of the national cooperative development corporation act : show related subordinates 1 10. board of management of the corporation.1 there shall be a board of management of the the corporation which shall consist of the following members, namely: i the vicepresident of the general council, who shall be the chairman ii three members of the general council, to be nominated by the central government from among the members referred to in clause ii of subsection 4 of section 3 iii the member of the general council, referred to in clause iii of subsection 4 of section 3 iv one member of the general council, to be nominated by the central government from among the members referred to in clauses ix, x, xi, xii and xiii of subsection 4 of section 3 v two members of the general council, to be nominated by the central government from among the members referred to in clause xiv of subsection 4 of section 3 vi two members of the general council, to be nominated by the central government from among the members referred to in clause xv of subsection 4 of section 3 vii one member of the general council, to be nominated by the central government from among the members referred to in clauses xvi and xvii of subsection 4 of section 3 viii the managing director. 2 the vicechairman of the board shall be nominated by the central government. 3 subject to the general control, direction and superintendence of the general council, the board shall be competent to deal with any matter within the competence of the corporation. 4 the board shall meet at such times and at such places and shall observe such procedure in regard to transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the corporation under this act. 5 the confirmed minutes of every meeting of the board shall be laid before the general council at its next following meeting. 1. subs. by act 3 of , s. 9, for section 10 w.e.f. .

section 11. of the national cooperative development corporation act : show related subordinates the corporation may constitute such other committees for general or special purposes as it deems necessary for the efficient performance of its functions under this act.

section 12. of the national cooperative development corporation act : the central government shall, after due appropriation made by parliament by law in this behalf, pay to the corporation a by way of grant each year, such sum of money as is required by the corporation for giving subsidies to state governments and for meeting its administrative expenses1 b by way of loan, such sum of money on such terms and conditions as the central government may determine 2and 2c such additional grants, if any, for the purposes of this act. 1. the word and omitted by s. 10, ibid. w.e.f. . 2. ins. by s. 10, ibid. w.e.f. .

section 15. of the national cooperative development corporation act : in all matters including matters of policy, the corporation shall be guided by such directions as may be given to it by the central government.

section 12a. of the national cooperative development corporation act : show related subordinates 112a. power of corporation to borrow money.1 the corporation may, for the purposes of carrying out its functions under this act, and with the previous approval of, and subject to the directions of the central government, borrow money from a the public by the issue or sale of bonds or debentures, or both, carrying interest at such rates as may be specified therein b any bank or other financial institution c any other authority, organisation or institution as may be specially approved by the central government in this behalf. 2 the central government may guarantee the repayment of the moneys borrowed by the corporation under clause a or clause b or clause c of subsection 1 and the payment of interest thereon and other incidental charges. 1. ins. by act 3 of , s. 11 w.e.f. .

section 12b. of the national cooperative development corporation act : 112b. grants, donations, etc.1 the corporation may receive gifts, grants, donations or benefactions from government or any other agency in or outside india. 2 the corporation shall not receive any gifts, grants, donations or benefactions from a foreign government or, any other agency outside india except with the previous approval of the central government. 1. ins. by act 45 of , s. 6 w.e.f. .

section 13. of the national cooperative development corporation act : 1 the corporation shall maintain a fund called the national cooperative development fund hereinafter referred to as the fund to which shall be credited a all moneys and other securities transferred to it under clause a of subsection 2 of section 24 b the grants and other sums of money by way of loans paid to the corporation by the central government under section 12 1bb all moneys received under section 12b bbb all moneys received for services rendered 2ba all moneys borrowed under section 12a c such additional grants, if any, as the central government may make to the corporation for the purposes of this act and d such sums of money as may, from time to time, be realised out of repayment of loans made from the fund or from interest on loans or dividends 2or other realisations on investments made from the fund. 2 the moneys in the fund shall be applied for a advancing loans and granting subsidies to state governments on such terms and conditions as the corporation may deem fit for the purpose of enabling state governments to subscribe to the share capital of cooperative societies or for otherwise financing cooperative societies b meetingthe pay and allowances of the 3managing director, the officers and other employees of the corporation and other administrative expenses of the corporation and c carrying out the purposes of this act. 43 all moneys in the fund shall be deposited in the reserve bank or the state bank or a nationalised bank or a scheduled bank or a state cooperative bank. 1. ins. by s. 7, ibid. w.e.f. . 2. ins. by act 3 of , s. 12w.e.f. . 3. subs. by s. 12, ibid., for officers w.e.f. . 4. subs. by act 45 of , s. 7, for subsection 3 w.e.f. .

section 14. of the national cooperative development corporation act : 1 the corporation shall furnish to the central government at such times and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to the discharge of its functions under this act as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the corporation shall, as soon as possible, after the end of each year, submit to the central government a report, in such form and manner and before such date as may be prescribed, giving a true and full account of its activities, policy and programme during the previous year. 3 a copy of the report received under subsection 2 shall be laid before both houses of parliament.

section 16. of the national cooperative development corporation act : 1 the corporation shall prepare before the commencement of each year a statement of programme of its activities during the forthcoming year as well as a financial estimate in respect thereof. 2 a statement prepared under subsection 1 shall, not later than three months before the commencement of each year, be submitted to the central government for approval.

section 17. of the national cooperative development corporation act : 1 the corporation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the comptroller and auditorgeneral of india. 2 the account of the corporation shall be audited annually by the comptroller and auditorgeneral of india or any person authorised by him in this behalf and any expenditure incurred in connection with such audit shall be payable by the corporation. 3 the comptroller and auditorgeneral of india and any person authorised by him in connection with the audit of the accounts of the corporation shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and in particular, shall have the right to demand the production of books, accounnts, connected vouchers and other documents and papers and to inspect any office of the corporation. 4 the accounts of the corporation certified by the comptroller and auditorgeneral of india or any other person authorised by him in this behalf together with an audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 23. of the national cooperative development corporation act : show related subordinates 1 the corporation may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the manner in which meetings of 1the general council, the board and other committees of the corporation shall be convened, the fees for attending such meetings and the procedure to be followed thereat b the methods of appointment, the conditions of service and the scales of pay of the officers other than the 2managing director and other employees of the corporations c the duties and conduct of officers and other employees of the corporation and d any other matter in respect of which the corporation is empowered or required to make regulations under this act. 3 the central government may, by notification in the official gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect. 1. subs. by act 3 of , s. 16, for the corporation, the executive committee and other committees thereof w.e.f. . 2. subs. by s. 16, ibid., for secretary w.e.f. .

section 18., not to invalidate acts and proceedings of the corporation. of the national cooperative development corporation act : no act or proceeding of 1the general council, the board or any of the committees of the corporation shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. 1. subs. by act 3 of , s. 13, for the corporation w.e.f. .

section 19. of the national cooperative development corporation act : the corporation may, by general or special order in writing, delegate to the 1president or the vicepresident or any other member or any officer of the corporation subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this act as it may deem necessary. 1. subs. by s. 14, ibid., for chairman or the vicechairman w.e.f. .

section 24. of the national cooperative development corporation act : 1 with effect from the date on which the corporation is established under section 3, the agricultural produce development and warehousing corporations act, 28 of , shall, in so far as it relates to the national cooperative development and warehousing board, stand repealed. 2 notwithstanding such repeal, a all moneys and other securities belonging to the national cooperative development fund which, immediately before the said date, was maintained by the national cooperative development and warehousing board established under the repealed act hereinafter referred to as the said board, shall stand transferred to, and be maintained by, the corporation established under section 3 of this act b all moneys and other securities belonging to the national warehousing development fund which, immediately before the said date, was maintained by the said board under the repealed act, shall stand transferred to and be maintained by the central warehousing corporation c all shares in the capital of the central warehousing corporation held by the said board shall stand transferred to the central government subject to the same liabilities as to payment of unpaid calls on such shares as the said board was subject to d anything done or any action taken including any loan advanced, subsidy granted and appointment, delegation, rule or regulation made under the repealed act shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under this act and e all rights, liabilities and obligations of the said board, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the corporation established under section 3 of this act.

section 20. of the national cooperative development corporation act : every member, auditor, officer or other employee of the corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule.

section 21. of the national cooperative development corporation act : 1 the central government, if it is of opinion that the corporation has failed to carry out its functions under this act or that for any other reason it is not necessary to continue the corporation, may, by notification in the official gazette, dissolve the corporation from such date as may be specified in the notification. 2 when the corporation is dissolved under subsection 1, a all members of the corporation shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the corporation shall, as from the date of dissolution, be exercised and performed by the central government or such person or persons as the central government may appoint in this behalf c all moneys and other properties of the corporation shall vest in the central government.

section 22. of the national cooperative development corporation act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for 1 d the term of office of members of the corporation and the manner of filling vacancies among them e the methods of appointment, the conditions of service and the scale of pay of the 2managing director 3 g the returns, statements and other particulars in regard to the discharge of its functions to be furnished by the corporation to the central government h the form and the manner in which, and the time within which, the corporation shall furnish to the central government returns, statements and other particulars with regard to the discharge of its functions i the form and the manner in which, and the time within which, the corporation shall furnish to the central government a report of its activities, policy and programme j any other matter which has to be, or may be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 4or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. clauses a, b and c omitted by act 3 of , s. 15 w.e.f. . 2. subs. by s. 15, ibid., for secretary to the corporation w.e.f. . 3. clause f omitted by s. 15, ibid. w.e.f. . 4. subs. by act 32 of , s. 4, for certain words w.e.f. .

section 7. of the seaward artillery practice act : if within a notified area and during any period specified in a notification issued under subsection 1 of section 3, any person a wilfully obstructs or interferes with the carrying out of seaward artillery practice, or b without due authority enters or remains in any camp, or c without due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited, or d without due authority interferes with any flag or mark or target or buoy or any apparatus used for the purposes of seaward artillery practice, shall be punishable with fine which may extend to twenty rupees or with imprisonment which may extend to fifteen days, or with both.

section 1. of the seaward artillery practice act : 1 this act may be called the seaward artillery practice act, . 2 it extends to all the states 2 which have a sea coast and applies also to, and to persons on, any vessel which is registered in india or which belongs to any person domiciled in india, wherever it may be. 1. the words and acceding states of india omitted by the a.o. .

section 6. of the seaward artillery practice act : 1 for the purpose of determining the amount of any compensation payable under section 5, the collector of the district in which any notified area is situate shall depute one or more revenue officers to accompany the forces engaged in the practice. 2 the revenue officer so deputed shall consider all claims for compensation under section 5 and determine, on local investigation and after affording the claimant an opportunity of being heard, the amount of compensation, if any, which shall be awarded in each case and shall disburse on the spot to the claimant compensation so determined as payable. 3 compensation payable under subsection 2 shall include compensation for the removal from any portion of a notified area declared to be a danger zone of any person, property or vessel and for any damage sustained in the course of any such removal. the compensation for removal will be disbursed on the spot at not less than the minimum prescribed rates before the removal is enforced. 4 any claimant dissatisfied with the refusal of the revenue officer to award him compensation or with the amount of compensation awarded to him by the revenue officer, may, at any time within one month of the communication to him of the decision of the revenue officer, prefer an appeal to the collector against the decision. 5 the decision of the collector on such appeal shall be final and no suit shall lie in any civil court in respect of any matter decided by the collector under this section. 6 no fee shall be charged in connection with any claim, notice, appeal, application or document filed before the revenue officer or the collector under this section.

section 3. of the seaward artillery practice act : 13. power of central government to authorise seaward artillery practice.1 the central government may, by notification in the official gazette, authorise the carrying out of seaward artillery practice over such area and during such period or periods as may be specified in the notification: provided that there shall be an interval of at least fourteen days between the date of publication of such notification in the official gazette and the date of carrying out of seaward artillery practice. 2 the central government shall, as soon as may be, after the publication of a notification under subsection 1, cause the substance thereof to be published a in some newspaper circulating in, and in the language commonly understood in, the area specified in the notification and b in such other manner as may be prescribed. 3 if any question arises whether the substance of a notification under subsection 1 was published as required by subsection 2, a certificate by the collector of the district in which the notified area is situate that the substance of the notification was so published, shall be conclusive. 1. subs. by act 3 of , s. 2, for section 3 w.e.f. .

section 8. of the seaward artillery practice act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder. 2 except as otherwise provided in this act, no suit or other legal proceeding shall lie against the central government or the state government in respect of any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act or any rules made thereunder.

section 2. of the seaward artillery practice act : 1 in this act, unless there is anything repugnant in the subject or context, a notified area means any part of the area of the sea and the shores adjoining that area which may be specified in this behalf by notification under section 3 b prescribed means prescribed by rules made under this act c seaward artillery practice means artillery practice or coastal firing towards the sea, whether within or beyond the territorial waters and includes air armament practice d vessel includes any ship, boat, country craft or any other description of vessel. 1 1. omitted by the adaptation of laws no. 3 order, .

section 3a. of the seaward artillery practice act : 13a. power to delegate.the central government may, by notification in the official gazette, direct that the power to issue notification under section 3 shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by such state government as may be specified therein. 1. subs. by act 3 of , s. 2, for section 3 w.e.f. .

section 9. of the seaward artillery practice act : 19.power to make rules.1 the central government may, by notification in the official gazette, make rules for giving effect to the provisions of this act and different rules may be made for different states or for different areas thereof. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the substance of a notification under section 3 may be published b regulating the use under this act of the notified area for seaward artillery practice in such manner as to secure the public against danger, and to enable the practice to be carried out with the minimum inconvenience to the inhabitants of the area affected c the minimum rates at which compensation shall be payable under subsection 3 of section 6, and generally regarding the making of claims for compensation, the procedure to be followed by the authorities granting the compensation, the expeditious settlement of claims and the filling of appeals from original awards of compensation d the principles to be followed in assessing the amount of compensation to be awarded under this act e any other matter which is required to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 3 of , s. 3, for section 9 w.e.f. .

section 4. of the seaward artillery practice act : 1 after a notification under subsection 1 of section 3 has been issued, such persons as are included in the forces engaged in seaward artillery practice may within the notified area and during the period or periods specified in the notification a give directions prohibiting or restricting the use of the notified area or any part thereof including the use of any part of the area of the sea by any vessel, and take such further measures as may be necessary to ensure that no unauthorised person enters, passes over or remains in the notified area or part thereof, as the case may be, during such practice, and b carry out seaward artillery practice with lethal missiles. 2 the officer commanding the forces engaged in any such practice may declare any portion of the notified area to be a danger zone, and thereupon the collector shall, on application made to him by the officer commanding the forces engaged in the practice, prohibit the entry into and secure, with the assistance of the naval or military authorities concerned, the removal from such danger zone of any person, property or vessel during the times when the discharge of lethal missiles is taking place or there is danger to life or property.

section 5. of the seaward artillery practice act : where by reason of a notification issued under section 3 the carrying out of seaward artillery practice is authorised in any notified area, compensation shall be payable for any damage to person or property or interference with rights or privileges arising from such practice, including expenses reasonably incurred in protecting person, property, rights or privileges.

section 8. of the goa daman and diu administration act : show related subordinates for the purpose of facilitating the application of any law in relation to goa, daman and diu, any court or other authority may construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

section 1. of the goa daman and diu administration act : show related subordinates 1 this act may be called the goa, daman and diu administration act, . 2 it shall be deemed to have come into force on the 5th day of march, .

section 4. of the goa daman and diu administration act : show related subordinates without prejudice to the powers of the central government to appoint from time to time such officers and authorities as may be necessary for the administration of goa, daman and diu, all judges, magistrates and other officers and authorities who, immediately before the commencement of this act, were exercising lawful functions in connection with the administration of goa, daman and diu or any part thereof, shall, unless otherwise directed at any time by the central government in relation to any such judge, magistrate or other officer or authority, or until other provision is made by law, continue to exercise in connection with such administration their respective functions in the same manner and to the same extent as before such commencement with such altered designation, if any, as that government may determine.

section 7. of the goa daman and diu administration act : extension of the jurisdiction of bombay high court to goa, daman and diu. rep. by the goa, daman and diu judicial commissioners court declaration ashigh court act, 16 of , section 8 w.e.f..

section 2. of the goa daman and diu administration act : show related subordinates in this act, unless the context otherwise requires, a administrator means the administrator of goa, daman and diu appointed by the president under article 239 of the constitution b appointed day means the twentieth day of december, c goa, daman and diu means the union territory of goa, daman and diu.

section 10. of the goa daman and diu administration act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act or in connection with the administration of goa, daman and diu, the central government may, by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty. 2 any order under subsection 1 may be made so as to be retrospective to any date not earlier than the appointed day.

section 6. of the goa daman and diu administration act : show related subordinates the central government may, by notification in the official gazette, extend with such restrictions or modifications as it thinks fit to goa, daman and diu any enactment which is in force in a state at the date of the notification.

section 11. of the goa daman and diu administration act : show related subordinates 1 the goa, daman and diu administration ordinance, 2 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in exercise of any of the powers conferred by or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this act.

section 3. of the goa daman and diu administration act : show related subordinates 1 there shall be allotted two seats to the union territory of goa, daman and diu in the house of the people. 2 in the representation of the people act, 43 of , a in section 4, in subsection 1, after the words to dadra and nagar haveli, the words to goa, daman and diu shall be inserted b in the first schedule, i after entry 22, the following entry shall be inserted, namely: 23. goa, daman and diu ..... 2 ii entries 23 and 24 shall be renumbered as entries 24 and 25, respectively. 3 in the representation of the people act, 43 of , in section 4, after the words to dadra and nagar haveli, the words to goa, daman and diu shall be inserted.

section 5. of the goa daman and diu administration act : show related subordinates 1 all laws in force immediately before the appointed day in goa, daman and diu or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority. 2 for the purpose of facilitating the application of any such law in relation to the administration of goa, daman and diu as a union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the central government may, within two years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal oramendment, as may be necessary or expedient and thereupon, every such law shall have effect subject to the adaptations and modifications so made.

section 9.validation of certain action and indemnity of officers for certain acts of the goa daman and diu administration act : show related subordinates 1 all things done and all action taken including any acts of executive authority, proceedings, decrees and sentences in or with respect to goa, daman and diu on or after the appointed day and before the commencement of this act, by the administrator or any other officer, whether civil or military, or by any other person acting under the orders of the administrator or such officer, which have been done or taken in good faith in a reasonable belief that they were necessary for the peace and good government of goa, daman and diu shall be as valid and operative as if they had been done or taken in accordance with law. 2 no suit or other legal proceeding whatsoever, whether civil or criminal, shall lie in any court of law against the administrator or any other officer of government whether civil or military, or against any other person acting under the orders of the administrator or such other officer, for, or on account of, or in respect of, anything done or any action taken in goa, daman and diu or any part thereof on or after the appointed day and before the commencement of this act which has been done or taken in good faith and in a reasonable belief that it was necessary for the peace and good government of goa, daman and diu: provided that if any such suit on other legal proceeding has been instituted before the commencement of this act, it shall, on such commencement, abate.

section 8. of the partition of revenuepaying estates act : if the objection raise any question of title, or of proprietary right, which shall not appear to have been already determined by a court of competent jurisdiction, the collector may either decline to grant the application until the question in dispute shall have been determined by a competent court, or he may proceed to inquire into the merits of the objection. in the latter case the collector, after making the necessary inquiry and taking such evidence as may be adduced, shall record a proceeding declaring the nature and extent of the interests in the actual possession of the party or parties applying for the partition, and any other party or parties who may be affected thereby. reference to arbitrators.the procedure to be observed by the collector in trying such cases shall be that laid down in act xiv of to consolidate and amend the laws relating to the procedure of the courts of civil judicature for the trial of original suits, and the collector shall have power to refer any question that may arise in such case to arbitration, and the provisions of chapter xxxvii reference to arbitration of the code of civil procedure shall apply to so cases referred by a collector.

section 1. of the partition of revenuepaying estates act : repealed by act no. xiv of .

section 2. of the partition of revenuepaying estates act : all partitions of estates which shall be ordered to be made by the officers of government after the passing of this act, shall be made under the provisions of this act, whatever may be the tenure of the estate ordered to be divided.

section 7. of the partition of revenuepaying estates act : if any objection be made to the partition, by any party in possession, within the time allowed, and the collector, on a consideration of such objection, be of opinion that there is any good and sufficient reason, not inconsistent with the provisions of this act, why the partition should be absolutely disallowed, he may refuse the application, recording the grounds of his refusal.

section 4. of the partition of revenuepaying estates act : when any one or more of the recorded proprietors of an estate, as described in the last preceding section, shall desire to have his or their shares of the estate separated, in order that he or they may hold the same as a separate property, or as separate properties, such proprietor or proprietors shall make a written application for the purpose to the collector of the district. any two or more proprietors may apply to have their shares separated, and to hold the same as a joint estate

section 9. of the partition of revenuepaying estates act : all orders and decisions passed by the collector under the last preceding section, for declaring the rights of parties, shall be held to be decisions of a court of civil judicature of first instance, and shall be open to appeal to the district or sadr court, according to the value of the claim, under the rules applicable to regular appeals to those courts. appellate court may, on appeal, stay partition.upon such appeal being made, the district or sadr court, as the case may be, may issue a precept to the collector, desiring him to stay the partition pending the decision of the appeal.

section 10.. of the partition of revenuepaying estates act : from every decision passed under the last preceding section by a district court, a special appeal shall lie to the sadr court, under the rules for the time being in force relating to special appeals to that court.

section 3. of the partition of revenuepaying estates act : every recorded proprietor of a joint undivided estate paving revenue to government, or of any portion thereof, whether such estate is held in common tenancy or otherwise, is entitled to claim partition under this act.

section 6. of the partition of revenuepaying estates act : the collector, on the receipt of an application for partition, shall, if the application be in order, and not open to objection on the face of it, publish a notification of the same at his office, and at some conspicuous place on the estate to which the application relates, and shall invite any party in possession, who may not have joined in the application, and who may object to the partition applied for, to appear before him either in person or by a duly constituted agent, on a day to be specified in the notification, not being less than fifteen, or more than thirty days from the date of the notification, and state his objection. notice to proprietors who have not joined therein.if the application for partition shall not have been made by all the recorded proprietors of the estate, notice of the application shall be served, in the manner usual in the district for serving notices of the revenue officers, on such of the recorded proprietors of the estate as shall not have joined in the application. proclamation in case of service of notice being impracticable.provided that, if from any cause such service cannot take place, a proclamation notifying such application shall be published, by affixing it at the mal kachahri of such estate, or other conspicuous place thereon, or at the village chauri, chaupal, or other conspicuous place in each village in such estate.

section 5. of the partition of revenuepaying estates act : the application shall be signed by the party or parties applying for the partition, and shall specify the nature of the tenure of the estate sought to be divided. the names of all the cosharers in the estate, the nature and extent of their respective shares so far as the same may be known to the applicant or applicants, or can be ascertained by him or them, and the mode of partition desired, shall also be stated. otherwise may be rejected.if the application does not contain the particulars abovementioned, the collector may reject it.

section 18. of the partition of revenuepaying estates act : the collector, on the completion of the enquiry allowed by the last preceding section, shall allow the parties the option of making a private partition of the estate and allotment of the public revenue amongst themselves, within such time as he may fix, or, if the parties shall not consent to make a private partition of the estate, or shall fail to make such partition within the time fixed by the collector, the collector shall call upon them to state whether they are willing to refer the partition of the estate, and the apportionment of the public revenue, to an arbitrator or arbitrators to be appointed by them. the collector may also offer the parties the option of referring any point arising in the course of a partition to arbitration. the partition and allotment of the public revenue made by the parties, or by arbitrators appointed by them, shall be subject to the confirmation of the collector, and the orders of the superior revenueauthorities.

section 11. of the partition of revenuepaying estates act : it shall not be competent to the civil court to entertain a suit, or application for the partition of an estate, except on appeal from the decision of the collector as herein before provided, anything contained in section 265 act xiv of to consolidate and amend the laws relating to the procedure of the courts of civil judicature to the contrary notwithstanding.

section 12. of the partition of revenuepaying estates act : when the collector, after disposing of the objections if any taken to the partition, shall order a partition to be made, he shall cause a notification to be published in his own office, in the district court, and at some conspicuous place on the estate which is to be divided, intimating his intention to proceed with the partition after thirty days from the date of the notification.

section 13. of the partition of revenuepaying estates act : the partition shall be made by the collector in whose district the estate is situate, or, if the estate be situate in two or more districts, then by the collector of any one of such districts, who may be specially ordered by the commissioner of the division, to superintend the partition. if the estate be situated in two or more divisions, the partition shall be made by such collector as the board of revenue shall order.

section 14. of the partition of revenuepaying estates act : the expense of making the partition, and the allowances of the establishment necessary for the measurement and survey of the lands, the preparation of papers, and any other charges, shall be fixed by the collector. the amount shall be paid under such rules as may from time to time be laid down by the board of revenue with the sanction of the local government, and, in default of payment, may be realized under the rules applicable to the recovery of arrears of rent or revenue.

section 17. of the partition of revenuepaying estates act : the collector may examine the parties on solemn affirmation in regard to the papers produced before him, whether by the officer appointed to make the partition, the proprietors, or otherwise. he shall also allow any shareholder to examine the papers so produced, and to take a copy of the same, and after such examination he shall hear any objections which any of the shareholders may make in respect to such papers. the collector may direct any deputy collector or other officer subordinate to him to examine the papers produced before him, and to make a report upon the same.

section 21. of the partition of revenuepaying estates act : after the arbitrators shall have accepted the appointment, the collector shall transmit the whole of the papers to them, and it shall be competent to the collector to exercise towards the arbitrators the same powers and authority for securing their attendance, and the due completion of their award, which he is competent to exercise towards witnesses summoned before him when acting judicially, for the purpose of compelling them to attend and give evidence. the collector shall also fix a time within which the arbitrator or arbitrators shall deliver the paper of partition. on sufficient cause shown, the collector may extend such period.

section 16. of the partition of revenuepaying estates act : after the expiration of the period mentioned in the notification referred to in section xii of this act, the collector shall, if necessary, cause a measurement of all the lands comprised in the estate to be made, and a rentroll of the same to be prepared. the villagepapers which are required to be prepared and periodically deposited in the office of the collector, under the provisions of sections xi1 and xii1 , regulation ix, to modify certain portions of regulation vii, , and regulation iv, to provide for the more speedy and satisfactory decision of judicial questions cognizable by officers of revenue employed in making settlements under the above regulations for enforcing the production of the village accounts for the more extensive employment of native agency in the revenue department and to declare the intent of section v, regulation vii, , touching claims to malikana, may be used for the purposes of this act. provided that any of the proprietors shall be permitted to file a rentroll of the estate, which shall be accepted if acknowledged to be correct by all the proprietors. 1. repealed, so far as they relate to the northwestern provinces, by act xix of .

section 15. of the partition of revenuepaying estates act : at any stage of the proceedings after a partition shall have been ordered, if it shall appear from information which was not before the collector at the time the partition was ordered, or otherwise, that any reason not inconsistent with the provisions of this act exists, why the partition should not be proceeded with, it shall be competent to the commissioner, on the report of the collector, and subject to any orders that the board of revenue may pass in the case, to stay the partition, and to order the proceedings to be quashed. decision not open to revision, by civil court.the decision of the revenue authorities under this section shall not be open to revision by the civil court.

section 22. of the partition of revenuepaying estates act : the arbitrators shall deliver a full and complete paper of partition, specifying the separate estates into which they propose that the estate shall be divided, the names of the parties to whom the several estates are proposed to be allotted, and the amount of public revenue to be assessed on each of such estates.

section 19. of the partition of revenuepaying estates act : if the parties consent to refer the partition of the estate, and the allotment of the public revenue, or any point arising in the course of the partition, to arbitration, but they cannot agree amongst themselves as to the arbitrator or arbitrators to be appointed, the collector may appoint two or more persons to be arbitrators in the case. in case of equality of votes, collector to act as umpire.if the arbitrators are equally divided in opinion, the collector shall act as umpire, and the partition made by the arbitrator or arbitrators with whom the collector shall concur, shall be the partition in the case. the same rule shall apply in respect of any point arising in the course of a partition, which shall be referred to arbitration.

section 26. of the partition of revenuepaying estates act : the officer appointed to make the partition shall issue a proclamation at the malkachahari of the estate, or other conspicuous place thereon, or at the village chaunri, or chaupal, requiring the several proprietors of the estate to attend upon him in person, or by agent, during the time that the partition is being made.

section 20. of the partition of revenuepaying estates act : if any person, on being appointed an arbitrator, shall refuse to act, or, after accepting the appointment, shall or become incapable of acting, another person shall be appointed arbitrator in his stead, in the same manner in which the first person was appointed.

section 23. of the partition of revenuepaying estates act : the arbitrators, on delivering the paper of partition as aforesaid, shall be entitled to reasonable fees for their services, the amount to be fixed by the collector.

section 28. of the partition of revenuepaying estates act : if an arrear of public revenue shall accrue on an estate ordered to be divided, while the partition of the estate is being made, any one or more of the proprietors may tender to the collector his or their quota of the balance, and the collector shall receive the same, and credit the amount to the share or shares of such proprietor or proprietors. if a sale of any part of the estate shall ultimately become necessary for the liquidation of any part of such arrear which may remain due, only the share or shares of the proprietor or proprietors who shall not have contributed their quota of the balance shall be sold in the first instance, and the partition shall go on and be completed, in the same manner as if no arrear of public revenue had accrued. the purchaser or purchasers of the share or shares sold shall be entitled to separate possession of the estate or estates which, under the partition, would have been allotted to the defaulting proprietor or proprietors. provided always that, in all cases of a partition, the entire estate shall be considered responsible for the public revenue assessed upon it, until the partition shall have been completed, and the several proprietors shall have been put into possession of the separate estates into which the estate may be ordered to be divided, according as the same may be allotted to them.

section 24. of the partition of revenuepaying estates act : if the paper of partition be not delivered within the time fixed by the collector, or within any further period to which the time may have been extended, the collector may order that the partition shall be referred to another arbitrator or arbitrators, to be chosen in the same manner and subject to the same rules as the first.

section 25. of the partition of revenuepaying estates act : if the partition of the estate cannot be made by the parties themselves, or by arbitration, under the foregoing rules, the collector shall appoint an officer to make the partition, and shall forward the whole of the papers to such officer, and shall direct him to proceed to the estate, and to make the partition within a time to be fixed by the collector.

section 27.estate may be attached and brought under khas management under superintendence of officer of the partition of revenuepaying estates act : at the commencement of the revenue year current in the district, the collector may direct the officer appointed to make the partition, or some other person, to attach the estate, and to bring it under khas management under the personal superintendence of such officer. the collections of the estate, after defraying the expenses of management, and any other expenses with which the estate is chargeable, shall be applied to the payment of the government revenue, and the residue shall be divided amongst the proprietors in proportion to their respective shares, at such periods as the collector may see fit.

section 29. of the partition of revenuepaying estates act : if the officer appointed to make the partition shall consider it necessary, to assist him in making the same, to cause a detailed measurement to be made of all the lands comprised in the estate, or a map of the estate to be prepared, he shall exercise the same powers for making such measurement and map as are vested in the collector by any law for the time being in force.

section 30. of the partition of revenuepaying estates act : when some of the lands forming the estate are held in common, the collector shall declare, by a proceeding to be held under the provisions of this act, the principle and rule under which, in accordance with the village custom, such lands shall be divided and he shall cause the partition of such lands to be made in conformity to the provisions of this act. the portion of the common land falling by such partition to the shares of the several cosharers shall be added to the lands held by them in severalty, and the several estates thus formed shall be assessed and declared separate estates. proviso.provided that it shall be in the discretion of the collector to cause any transfer of lands, agreed to by the parties, to be made previous to such declaration, and the new estate shall be declared subject to the transfer so made.

section 31. of the partition of revenuepaying estates act : the collector may refuse to declare any lands held in severalty, and not liable to redistribution according to special village custom, a separate mehal, if the lands be so intermixed with other properties as to render the formation of a compact estate impossible, and if the parties affected by the partition decline to permit of the transfers necessary for curing such defect.

section 37.circumstances to be considered in making partition of the partition of revenuepaying estates act : in selecting the villages or lands to be included in each separate estate, the advantages or disadvantages arising from situation the vicinity of roads, railways, navigable rivers, or canals the nature and quality of the soil and produce the quantity of culturable and unculturable waste land the depth at which water may be procurable the number of tanks and wells the state of the embankments and watercourses and any other local circumstances affecting the present, or likely to influence the future, value of the lands, shall be duly considered: and the villages or lands to be included in each estate shall be fairly and impartially selected. so far as may be practicable, and consistent with compactness of partition, lands held in severalty shall be left in the possession of the parties holding the same.

section 32. of the partition of revenuepaying estates act : where there may be no lands held in common, the lands in severalty, held by the applicant for partition, or assigned to him by the collector under the provisions of this act, shall be assessed and declared a separate estate. proviso as to transfer.provided that it shall be in the discretion of the collector to cause any transfer of lands, agreed to, or directed by his order, as provided in section xxx, to be made previous to such declaration, and the new estate shall be declared subject to the transfer so made.

section 38.rule when dwelling house belonging to one sharer, is situate on ground to be allotted to another sharer of the partition of revenuepaying estates act : if a dwellinghouse belonging to one sharer shall be situate on any land, or in any village, which it may be necessary to include in the share of another sharer, the proprietor of such house shall be at liberty to retain it, with the offices, buildings, and grounds, immediately attached thereto, upon agreeing to pay to the proprietor of the land or village in which the same is situate an equitable rent for the ground. the limits of the ground and the rent to be paid for it shall be fixed by the officer making the partition, and shall be stated in the paper of partition

section 33. of the partition of revenuepaying estates act : if any sharer, after the issue of the proclamation mentioned in section xxvi of this act, shall fail to attend the officer appointed to make the partition during the time the partition is being made, no objection taken by such sharer to the partition shall be heard, unless such sharer can show that his absence was not wilful, or unless for any good and sufficient reason it shall appear just and proper to allow him to be heard against the partition.

section 34. of the partition of revenuepaying estates act : if, at any time after an order shall have been passed for making a partition, it shall appear, either from the report of the officer appointed to make the partition, or from any other information, that the parties are not desirous that the partition should proceed, it shall be competent to the collector, with the sanction of the commissioner, to stop the partition, and to strike the case off the file, recovery of costs.recovering from the sharers all costs and expenses incurred up to that time.

section 39. of the partition of revenuepaying estates act : tanks, wells, watercourses, and embankments, shall be considered as attached to the land for the benefit of which they were originally made. in cases in which, from the extent, situation, or construction of such works, it shall be found necessary to continue them the joint property of the proprietors of two or more of the estates into which the estate may be divided, the paper of partition shall specify, as far as circumstances may admit, the extent to which the proprietors of each of such estates may make use of the same, and the proportion of the charges for repairs to be borne by them respectively.

section 35. of the partition of revenuepaying estates act : it shall be the duty of the officer appointed to make the partition, so far as circumstances will admit, to take care that the estates into which the estate is divided shall consist of contiguous mehals or villages. provided that, if the estate ordered to be divided shall not consist of a sufficient number of villages to admit of one or more entire village or villages being included in each estate, the partition of the village or villages of which the estate shall consist shall be made so as to render each estate as compact as possible.

section 36.revenue to be assessed on each divided estate of the partition of revenuepaying estates act : the public revenue shall be assessed on each estate into which the property shall be ordered to be divided, in conformity to the rules contained in any law for the time being in force.

section 43. of the partition of revenuepaying estates act : the commissioner shall either uphold the partition proposed by the collector, or modify the same. the decision of the commissioner shall not be open to revision by the civil court, but shall be subject to appeal to the board of revenue. the commissioner, before coming to a decision, may call for any additional papers, or direct any further inquiry that he shall consider necessary. and may direct division by lot under certain circumstances.he may also, if he think proper, direct that, when two or more of the estates into which it is proposed to divide the estate shall consist of the same proportions of the entire estate, the parties entitled thereto shall draw lots for the same before the collector.

section 40. of the partition of revenuepaying estates act : places of worship, which shall have been held in common previous to the partition of an estate, shall continue to be so held, unless the parties shall otherwise agree amongst themselves, in which case they shall state in writing the agreement into which they have entered, and the officer making the partition shall enter a note of the agreement in the paper of partition.

section 47.holder of decree of civil court, awarding right to portion of estate, may apply for partition, and collector may proceed thereon under act of the partition of revenuepaying estates act : whenever any court of civil judicature shall pass a decree, awarding to any person the proprietary right in a portion of an estate paying revenue to government, whether the portion so awarded shall consist of a fractional share in the whole, or a part, of the estate, or of specific lands, the decreeholder may apply to the collector for a partition of the estate and on the receipt of such application, the collector shall proceed thereupon under the provisions of this act, which are hereby declared applicable to such applications.

section 42. of the partition of revenuepaying estates act : the collector shall take into consideration the partition proposed by the officer appointed to make the partition, and, after calling for any further information which he shall deem necessary, and disposing of any objections which shall be taken to the partition, and allotment of public revenue, as proposed by such officer, he shall submit a report to the commissioner, together with such of the papers of the case as shall appear to him essential. he shall also forward a list of the papers not sent. the collector shall record his opinion whether the proposed partition should be confirmed or modified, and in the latter case, he shall state the nature of the modification which, in his opinion, should be made.

section 48. of the partition of revenuepaying estates act : if two or more estates, which may have originally formed portions of the same estate, shall come into the possession of one person, such person shall be entitled to have such estates united, and to hold them as a single estate or if two or more persons shall have separate possession of their respective shares of an estate which was originally held as a joint undivided estate, such persons may apply to have their shares united, and to hold them as one estate.

section 41.map to be also submitted. of the partition of revenuepaying estates act : when the officer appointed to make the partition shall have completed the partition, and allotted the public revenue on each of the estates into which it is proposed that the estate shall be divided, he shall prepare and submit to the collector a paper of partition, showing how he proposes to divide the estate, and to apportion the public revenue. this paper shall specify the names of the mehals or villages included in each separate estate the gross produce of each mehal and village for the three years immediately preceding the year in which the partition is ordered to be made the names of the parties to whom the several estates are allotted, and the proportion of the public revenue proposed to be assessed on each of such estates, with any remarks regarding the mode observed in selecting the lands included in each estate, and the accounts upon which the apportionment of the public revenue assessed thereon shall have been based, as may be necessary for the information of the collector. the paper shall further contain a detail of the adjustments, if any, which shall have been made in respect to any tanks, places of worship, or other matters, as specified in the preceding sections. map to be also submitted.the officer appointed to make the partition shall also submit a map, showing the several estates into which the estate is proposed to be divided.

section 44.procedure by collector on receipt of order of commissioner, or of board of revenue on appeal of the partition of revenuepaying estates act : on the receipt of the order of the commissioner or if an appeal be preferred to the board of revenue, then, of the order passed on the appeal, the collector shall cause the same to be published in his office, and in some conspicuous place in each of the estates separately constituted by such order. the collector shall at the same time specify the date from which each of the estates shall be held to be a separate estate, and shall enter the several estates into which the estate has been divided in the register of estates paying revenue to government. the collector shall give the several proprietors possession of the estates allotted to them, and, if necessary, may avail himself of the assistance of the magistrate in giving possession.

section 45. of the partition of revenuepaying estates act : in order to prevent collusion or error in the distribution of the public revenue assessed upon an estate which may ordered to be divided into two or more distinct estates, if it shall be proved to the satisfaction of the government, within twelve years from and after the date of confirmation of the partition, that the public revenue was fraudulently or erroneously apportioned at the time of the partition, the government shall have power to order a new allotment of the public revenue upon the several estates into which such estate may have been divided, conformably to the principles prescribed in this act, on an estimate of the gross produce of each estate at the time of the partition, to be made agreeably to the best evidence and information which may be procurable respecting the same. such order shall not be liable to be contested in the civil court. the parties whose estates may be declared to have been underassessed shall berequired to pay to the proprietors of the estates which shall have been overassessed, the sum in which they shall be found to have been overassessed, and in default of payment, the amount shall be leviable by the process prescribed for the recovery of arrears of rent or revenue.

section 46. of the partition of revenuepaying estates act : if, during the time an estate is under attachment with a view to the partition of the same, any party shall neglect or omit to claim, by a suit, any right or title he may then have to the ownership or occupancy, at a fixed rent, of any land situated in such estate, or any other interest therein, such, neglect or omission shall be a valid plea in bar of any suit relating to such right, title, or interest, unless the party can satisfy the court that there was good and sufficient reason for his neglect or omission to institute the suit at or before such time. provided that this section shall not bar any action for arrears of rent, or the enhancement or alteration of rent.

section 49. of the partition of revenuepaying estates act : the applications for the union of the estates, or of the shares of the estate, as the case may be, shall be made in writing to the collector of the district in which the estates, or shares of the estate, are situate, and the collector provided he see no objection shall comply with the application, and cause the necessary entries to be made in the records of his office, reporting the case to the superior revenue authorities.

section 56. of the partition of revenuepaying estates act : if, in any case in which a collector or other officer shall exercise jurisdiction under this act, any person is guilty of the offence of giving or fabricating false evidence, or of forgery, as defined in the indian penal code, or of abetting any of those offences, such collector or other officer shall have the same powers in respect of such offence, and of the person charged with, committing the same, as are vested by the code of criminal procedure in a civil court, when any such offence is committed before or against such court, or when a document charged to be a forgery is given in evidence in any proceedings in such court.

section 50. of the partition of revenuepaying estates act : repealed by act no. xiv of .

section 51. of the partition of revenuepaying estates act : the provisions of this act may, in so far as the same are applicable be applied, by order of the local government to the partition of any estate held free from the payment of government revenue.

section 52. of the partition of revenuepaying estates act : in the performance of his duties under this act, the collector shall be subject to the general direction and control of the commissioner of the division, and the board of revenue.

section 53. of the partition of revenuepaying estates act : all orders passed by a collector under this act, unless otherwise provided, not being orders or decisions within the meaning of section ix, shall be open to revision by the superior revenue authorities.

section 54. of the partition of revenuepaying estates act : the powers vested in a collector by this act may be exercised by a deputy collector, or other officer, vested with the full powers of a collector, subject to the control of the collector of the district.

section 59. of the partition of revenuepaying estates act : this act shall extend only to such parts of the northwestern provinces of the presidency of fort william in bengal as are subject to the general regulations of that presidency but the act may be extended, by order of the local government, either wholly or in part, to any nonregulation province under such government.

section 55. of the partition of revenuepaying estates act : in carrying out the provisions of this act, the collector shall exercise the powers described in regulation ii, , regulation vii, , and regulations ix and xiv, . any officer appointed to make a partition under this act may also exercise the powers described in the foregoing regulations, so far as the same may be applicable.

section 57. of the partition of revenuepaying estates act : in the execution of the duties vested in the board of revenue by this act, the board shall be guided by such orders or instructions as they may from time to time receive from the local government, to whom they shall apply in all cases which shall appear to the board not to have been provided for by the existing law.

section 58. of the partition of revenuepaying estates act : unless there be something in the subject or context repugnant to such construction, words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number and words importing the masculine gender shall include females.

section 8. of the allindia institute of medical science act : the president and members shall receive such allowances, if any, 1from the institute of which they are the president and members as may be prescribed by rules. 2provided that in case a person is a president of two or more institutes, the allowances shall be borne by the institutes in such proportion as may be prescribed by rules. 1 subs. by s. 9, ibid., for from the institute w.e.f. . 2 ins. by s. 9, ibid. w.e.f. .

section 1. of the allindia institute of medical science act : 1 this act may be called the 1allindia institutes of medical sciences act, . 2 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 3, ibid., for allindia institute of medical sciences w.e.f. . 2. 15th november, , vide notification no. s. r. o. , dated 6th november, , see gazette of india, extraordinary, part ii, s. 3.

section 2. of the allindia institute of medical science act : in this act, unless the context otherwise, requires, 1a corresponding institute means the institutes referred to in column 3 of the table given under section 27a aa existing institute means the allindia institute of medical sciences, i established under subsection 1 of section 3, before the commencement of the allindia institute of medical sciences amendment act, 37 of and ii located at new delhi, as required under section 12 as it stood before such commencement ab fund means the fund of the institute referred to in section 16 b governing body means the governing body of the institute c institute means the allindia institute of medical sciences established under section 3 2and includes the corresponding institutes and other institutes which may be established on and after the commencement of the allindia institute of medical sciences amendment act, 37 of d member means a member of the institute e regulation means a regulation made by the institute f rules means a rule made by the central government. 2g society means the society referred to in column 2 of the table given under section 27a. 1. subs. by act 37 of , s. 4, for clause a w.e.f. . 2. ins. by s. 4, ibid. w.e.f. .

section 7. of the allindia institute of medical science act : 1 there shall be a 1president for every institute who shall be nominated by the central government from among the members other than the director of the institute. 2provided that the president of the existing institute shall also be the president of every corresponding institute and other institutes established on and after the commencement of the allindia institute of medical sciences amendment act, 37 of , till such date the central government nominates a separate president for every corresponding institute and other institutes established after such commencement. 2 the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribed by rules or regulations. 1 subs. by act 37 of , s. 8, for president of the institute w.e.f. . 2 ins. by s. 8, ibid. w.e.f. .

section 3. of the allindia institute of medical science act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act an institution to be called the all india institute of medical sciences: 1provided that the central government may, on and after the commencement of the allindia institute of medical sciences amendment act, 37 of , establish by notification in the official gazette, such other allindia institutes of medical sciences at such places as it may specify in the said notification in addition to the existing institute and the corresponding institutes. 2 2every institute shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 1. the proviso ins. by s. 5, ibid. w.e.f. . 2. subs. by act 37 of , s. 5, for the institute w.e.f. .

section 9. of the allindia institute of medical science act : 1every institute shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government and thereafter 2every institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulation: 3provided that the provisions relating to holding of the first meeting shall not apply to the existing institute. 1. subs. by s. 10, ibid., for the institute shall w.e.f. . 2. subs. by s. 10, ibid., for the institute shall meet w.e.f. . 3. ins. by s. 10, ibid. w.e.f. .

section 4. of the allindia institute of medical science act : 1every institute shall consist of the following members, namely: 2a in the case of existing institute, the vicechancellor of the delhi university,ex officio aa in the case of every other institute established on and after the commencement of the allindia institute of medical sciences amendment act, 37 of , the vicechancellor of a university situated in a state in which such institute has been established after such commencement and such vicechancellor shall be nominated by the central government b the director general of health services, government of india, ex officio c the director of the institute, ex officio d two representatives of the central government to be nominated by that government, one from the ministry of finance and one from the ministry of education e five persons of whom one shall be a nonmedical scientist representing the indian science congress association, to be nominated by the central government f four representatives of the medical faculties of indian universities to be nominated by the central government in the manner prescribed by rules and g three members of parliament of whom two shall be elected from among themselves by the members of the house of the people and one from among themselves by the members of the council of states. 1. subs. by s. 6, ibid., for the institute w.e.f. . 2. subs. by s. 6, ibid., for clause a w.e.f. .

section 10. of the allindia institute of medical science act : 1 there shall be 1separate governing body for every institute which shall be constituted by such institute from among its members in such manner as may be prescribed by regulations. 2provided that the governing body of the existing institute, constituted before the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be deemed to have been constituted under this section. 2 the governing body shall be the executive committee of 3every institute and shall exercise such powers and discharge such functions as 3every institute may, by regulations made in this behalf, confer or impose upon it. 3 the president of 3every institute shall be the chairman of the governing body and as chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. 4 the procedure to be followed in the exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among, the members of the governing body shall be such as may be prescribed by regulations. 5 subject to such control and restrictions as may be prescribed by rules, 4every institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any 5functions of such institute or for inquiring into or reporting or advising upon, any matter which the institute may refer to them. 6 a standing committee shall consist exclusively of 5members of every institute but an ad hoc committee may include persons who are not members of such institute but the number of such persons shall not exceed onehalf of its total membership. 7provided that the standing committee of the existing institute constituted, before the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be deemed to have been constituted under this section. 7 the chairman and members of the governing body and the chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations. 1. subs. by s. 11, ibid., for a governing body of the institute which shall be constituted by the institute w.e.f. . 2. ins. by s. 11, ibid. w.e.f. . 3. subs. by s. 11, ibid., for the institute w.e.f. . 4. subs. by act 37 of , s. 11, for the institute may constitute w.e.f. . 5. subs. by s. 11, ibid., for functions of the institute w.e.f. . 6. subs. by s. 11, ibid., for certain words w.e.f. . 7. ins. by s. 11, ibid. w.e.f.

section 6. of the allindia institute of medical science act : 1 save as otherwise provided in the section, the term of office of a member shall be five years from the date of his nomination or election: provided that the term of office of a member elected under clause g of section 4 shall come to an end as soon as he 1becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states or ceases to be a member of the house from which he was elected. 2 the term of office of an ex officio member shall continue so long as he holds the office in virtue of which he is such a member. 3 the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. 4 an outgoing member shall, unless the central government otherwise directs, continue in office until another person is nominated or elected as a member in his place. 5 an outgoing member shall be eligible for renomination or reelection. 6 a member may resign his office by writing under his hand addressed to the central government but he shall continue in office until his resignation is accepted by that government. 7 the manner of filling vacancies among members shall be such as may be prescribed by rules. 1. ins. by act 33 of , s. 2 w.e.f. .

section 5. of the allindia institute of medical science act : 15. declaration of institutes as institution of national importance.1 it is hereby declared that the existing institute declared as an institution of national importance, before the commencement of the allindia institute of medical sciences amendment act, 37 of , under section 5 as it stood before such commencement, shall continue to be an institution of national importance. 2 it is hereby declared that every corresponding institute shall be an institution of national importance. 3 it is hereby declared that every institute established under the proviso to subsection 1 of section 3, on and after the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be an institution of national importance. 1 subs. by s. 7, ibid., for section 5 w.e.f. .

section 15. of the allindia institute of medical science act : the central government may, under appropriation made by parliament by law in this behalf, pay to 1every institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functions under this act. 1 subs. by act 37 of , s. 16, for the institute w.e.f. .

section 11. of the allindia institute of medical science act : 1 there shall be a 1chief executive officer of every institute who shall be designated as the 2director of such institute and shall, subject to such rules as may be made by the central government in this behalf, be appointed by the institute: 3provided that the first director of every institute other than the existing institute, established on and after the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be appointed by the central government: provided further that in case a director of a society has been appointed by the central government before the commencement of the allindia institute of medical sciences amendment act, , such director shall be deemed to be the first director of the concerned corresponding institute. 41a the director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier: provided that any person holding office as a director immediately before the commencement of the allindia institute of medical sciences and the postgraduate institute of medical education and research amendment act, 42 of , shall in so far as his appointment is inconsistent with the provisions of this subsection, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of his office or of any contract of service. 2 the director shall act as the secretary to the institute as well as the governing body. 3 the director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the institute or the president of the institute or by the governing body or the chairman of the governing body. 4 subject to such rules as may be made by the central government in this behalf, the institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees. 5 the director and other officers and employees of the institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf. 1 subs. by s. 12, ibid., for chief executive officer of the institute w.e.f. . 2 subs. by s. 12, ibid., for director of the institute w.e.f. . 3 subs. by s. 12, ibid., for the proviso w.e.f. . 4 ins. by act 42 of , s. 2 w.e.f. .

section 12. of the allindia institute of medical science act : 112. location of the institute. 1 the existing institute shall be located at new delhi. 2 all corresponding institutes shall be located at the places mentioned in column 3 of the table given under section 27a. 3 all institutes other than the existing institute and corresponding institutes referred to in subsections 1 and 2 shall be located at such places as the central government may, by notification in the official gazette, specify. . subs. by act 37 of , s. 13, for section 12 w.e.f. .

section 17. of the allindia institute of medical science act : 1every institute shall prepare, in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and 1expenditure of the concerned institute and shall forward to the central government such number of copies thereof as may be prescribed by rules. 1 subs. by s. 18, ibid., for the institute shall prepare w.e.f. . 2 subs. by s. 18, ibid., for expenditure of the institute w.e.f. .

section 13. of the allindia institute of medical science act : the objects of 1every institute shall be a to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches so as to demonstrate a high standard of medical education to all medical colleges and other allied institutions in india b to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of health activity and c to attain selfsufficiency in postgraduate medical education. 1 subs. by s. 14, ibid., for the institute w.e.f. .

section 14. of the allindia institute of medical science act : with a view to promotion of the objects specified in section 13, 1every institute may a provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences b provide facilities for research in the various branches of such sciences c provide for the teaching of humanities in the under graduate courses d conduct experiments in new methods of medical education, both under graduate and postgraduate, in order to arrive at satisfactory standards of such education e prescribe courses and curricula for both undergraduate and post graduate studies f notwithstanding anything contained in any other law for the time being in force, establish and maintain i one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only under graduate medical education but also postgraduate medical education in different subjects ii one or more wellequipped hospitals iii a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary iv a nursing college sufficiently staffed and equipped for the training of nurses v rural and urban health organisations which will form centers for the field training of the medical, dental and nursing students of the institute as well as for research into community health problems and vi other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists and medical technicians of various kinds g train teachers for the different medical colleges in india h hold examinations and grant such degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate medical education as may be laid down in the regulations i institute, and appoint persons to, professorships, readerships, lectureships and posts of any description in accordance with regulations j receive grants from the government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be k deal with any property belonging to, or vested in, the institute in any manner which is considered necessary for promoting the objects specified in section 13 l demand and receive such fees and other charges as may be prescribed by regulations 2m construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf n borrow money, with the prior approval of the central government, on the security of the property of the institute. 1 subs. by s. 15, ibid., for the institute w.e.f. . 2 ins. by act 30 of , s. 2 w.e.f. .

section 18. of the allindia institute of medical science act : 1 1every institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balancesheet in such form as the central government may by rules prescribe in consultation with the comptroller and auditorgeneral of india. 2 the accounts of 2every institute shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by 2every institute to the comptroller and auditor general of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of 2every institute shall have the same rights, privileges and authority in connection with such audit as the comptroller general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of 2every institute as well as of the institutions established and maintained by it. 4 the accounts of 2every institute as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament. 1 subs. by s. 19, ibid., for the institute w.e.f. . 2 subs. by act 37 of , s. 19, for the institute w.e.f. .

section 16. of the allindia institute of medical science act : 1 1every institute shall maintain a fund to which shall be credited a all moneys provided by the central government b all fees and other charges received by the institute c all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and d all moneys received by the institute in any other manner or from any other source. 2provided that the fund maintained by the existing institute and the society, before the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be deemed to be the fund maintained under this section. 2 all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide. 3 the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 14. 1 subs. by s. 17, ibid., for the institute w.e.f. . 2 ins. by s. 17, ibid. w.e.f. .

section 20. of the allindia institute of medical science act : 1 1every institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. 2provided that the pension and provident fund constituted by the existing institute or society, before the commencement of the allindia institute of medical sciences amendment act, 37 of , shall be deemed to be the pension and provident fund under this section. 2 where any such pension or provident fund has been constituted the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund as if it were a government provident fund. 1 subs. by s. 20, ibid., for the institute w.e.f. . 2 ins. by s. 20, ibid. w.e.f. .

section 19. of the allindia institute of medical science act : 1every institute shall prepare for every year a report of its activities during that year and submit the report to the central government in such form and on or before such date as may be prescribed by rules and a copy of this report shall be laid before both houses of parliament within one month of its receipt. 1. subs. by s. 19, ibid., for the institute w.e.f. .

section 27. of the allindia institute of medical science act : 1every institute shall furnish to the central government such reports, returns and other information as that government may require from time to time. 1. subs. by s. 22, ibid., for the institute w.e.f. .

section 21. of the allindia institute of medical science act : all orders and 1decisions of every institute shall be authenticated by the signature of the president or any other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of the director or any other 2officer of every institute authorised in like manner in this behalf. 1 subs. by s. 21, ibid., for decisions of the institute w.e.f. . 2 subs. by s. 21, ibid., for officer of the institute w.e.f. .

section 22. of the allindia institute of medical science act : no act done or proceeding taken by 1every institute, governing body or any standing or ad hoc committee under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, 2every institute, governing body or such standing or ad hoc committee. 1. subs. by s. 22, ibid., for the institute w.e.f. .

section 23. of the allindia institute of medical science act : 123. recognition of medical, dental and nursing qualifications granted by the institute. notwithstanding anything contained in the indian medical council act, of , the dentists act, 16 of and the indian nursing council act, 48 of , the medical, dental or nursing degrees or diplomas, as the case may be, granted by 2every institute under this act shall be recognised a medical qualifications for the purpose of the indian medical council act, of and shall be deemed to be included in the first schedule to that act b dental qualifications for the purpose of the dentists act, 16 of and shall be deemed to be included in the scheduled to that act and c nursing qualifications for the purpose of the indian nursing council act, 48 of and shall be deemed to be included in the schedule to that act. 1 subs. by act 24 of , s. 2, for section 23 w.e.f. . 2 subs. by s. 22, ibid., for the institute w.e.f. .

section 27a. of the allindia institute of medical science act : 127a. incorporation of institute registered as society under the societies registration act, .each of the institute, registered as society under the societies registration act, 21 of and mentioned in column 2 of the table below shall be a body corporate having perpetual succession and common seal and shall by its name mentioned in column 3 of that table, sue and be sued: table list of societies incorporated as allindia institutes of medical sciences serial number society corresponding institute and place of its location 1 2 3 1. allindia institute of medical sciences, bhopal allindia institute of medical sciences, bhopal madhya pradesh. 2. allindia institute of medical sciences, bhubaneswar allindia institute of medical sciences, bhubaneswar odisha. 3. allindia institute of medical sciences, jodhpur allindia institute of medical sciences, jodhpur rajasthan. 4. allindia institute of medical sciences, patna allindia institute of medical sciences, patna bihar. 5. allindia institute of medical sciences, raipur allindia institute of medical sciences, raipur chhattisgarh. 6. allindia institute of medical sciences, rishikesh allindia institute. 1. ins. by s. 23, ibid. w.e.f. .

section 24., by the institute. of the allindia institute of medical science act : 124. grant of medical, dental or nursing degrees, diplomas, etc., by the institute. notwithstanding anything contained in any other law for the time being in force, 2every institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and title under this act. 1 subs. by act 24 of , s. 3, for section 24 w.e.f. . 2 subs. by act 37 of , s. 22, for the institute w.e.f. .

section 26. of the allindia institute of medical science act : if in, or in connection with, the exercise of its powers and discharge of its functions by the institute under this act, any dispute arises between the institute and the central government, the decision of the central government on such dispute shall be final.

section 25. of the allindia institute of medical science act : 1every institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act. 1 subs. by s. 22, ibid., for the institute w.e.f. .

section 27d. of the allindia institute of medical science act : 127d. power to make transitory provisions for institutes other than existing institute. 1 the central government may, if it is of the opinion that certain measures are required for speedy and effective functioning of corresponding institutes other than the existing institute, by notification in the official gazette, specify such measures as it may consider necessary for the smooth and effective functioning of such institutes: provided that no such notification shall be issued under this section, after the expiry of a period of two years from the date of commencement of the allindia institute of medical sciences amendment act, 37 of . 2 every notification issued under this section shall be laid, as soon as may be after it is made, before each house of parliament. 1. ins. by s. 23, ibid. w.e.f. .

section 27b. of the allindia institute of medical science act : 127b. effect of incorporation of institutes. 1 on and after the commencement of the allindia institute of medical sciences amendment act, , a any reference to a society in any law, other than this act, or in any contract or other instrument, shall be deemed as a reference to the corresponding institute b all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute c all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding institute d subject to the provisions of this act, every person including director, officers and other employees who is employed in the society, immediately before the commencement of the allindia institute of medical sciences amendment act, 37 of , shall, on and after such commencement, become an employee of the corresponding institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of the commencement of the allindia institute of medical sciences amendment act, 37 of , as if the said act had not been promulgated, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government e the governing body of every society, shall, from the date of constitution of the governing body under subsection 1 of section 10, stand dissolved and no chairperson or other person shall be entitled to any compensation for the premature termination of the term of his office or of any contract of service f all committees including standing committee, if any of the society shall stand dissolved g any examination conducted by the existing institute for admission of candidates for award of medical degrees and diplomas by such society shall be valid examination and be deemed to have been conducted by the corresponding institute. 2 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, absorption of any employee by the corresponding institutes in its regular service under this section shall not entitle such employee to any compensation under this act or any other law and no such claim shall be entertained by any court, tribunal or other authority. 1. ins. by s. 23, ibid. w.e.f. .

section 27c. of the allindia institute of medical science act : 127c. provisions of this act to apply to societies incorporated into allindia institutes of medical science under section 27a. all provisions of this act shall, mutatis mutandis, apply to the societies, referred to in column 2 of the table given under section 27a, incorporated into allindia institutes of medical sciences referred to in column 3 of the said table. 1. ins. by s. 23, ibid. w.e.f. .

section 29. of the allindia institute of medical science act : show related subordinates 1every institute 2, with the previous approval of the central government, may, by notification in the official gazette make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for a the summoning and holding of meetings other than the first meeting of the institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum b the manner of constituting the governing body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies among, the members of, the governing body and standing and ad hoc committees c the powers and functions to be exercised and discharged by the president of the institute and the chairman of the governing body. d the allowances, if any, to be paid to the chairman and the members of the governing body and of standing and ad hoc committees e the procedure to be followed by the governing body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions f the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institute including teachers appointed by the institute g the powers and duties of the chairman of the governing body h the powers and duties of the director and other officers and employees of the institute i the management of the properties of the institute j the degrees, diplomas and other academic distinctions and titles which may be granted by the institute k the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readership, lecturerships and other posts l the fees and other charges which may be demanded and received by the institute m the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the institute n any other matter for which under this act provisions may be made by regulations. 3provided that the regulations made by the existing institute, before the commencement of the allindia institute of medical sciences amendment act, , shall continue to be the regulations made under this section until such regulations are amended or rescinded by the existing institute in accordance with the provisions of this section. 2 until the institute is established under this act, any regulation which may be made under subsection 1 may be made by the central government, and any regulation so made may be altered or rescinded by the institute in exercise of its powers under subsection 1. 4provided that every corresponding institute shall, within three months of the date of the commencement of the allindia institute of medical sciences amendment act, , make regulations. 43 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by act 37 of , s. 25, for the institute w.e.f. . 2. subs. by act 4 of , s. 2 and the schedule, for may, with the previous approval of the central government w.e.f. . 3. ins. by act 37 of , s. 25 w.e.f. . 4. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 28. of the allindia institute of medical science act : show related subordinates 1 the central government, after consultation with 1all the institutes, may, by notification in the official gazette, make rules to carry out the purposes of this act: provided that consultation with the institute shall not be necessary on the first occasion of the making of rules under this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendment of such rules after they are made. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of nomination of members under clause f of section 4 2aa the proportion of allowances of the president to be borne by the institutes under the proviso to section 8 b the control and restrictions in relation to the constitution of standing and ad hoc committees under subsection 5 of section 10 c the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of 3every institute d the powers and functions to be exercised and discharged by the president of the institute e the allowances, if any, to be paid to the president and members of the institute f the number of officers and employees that may be appointed by the institute and the manner of such appointment g the form in which and the time at which the budget and reports shall be prepared by the institute and the number of copies thereof to be forwarded to the central government h the form and manner in which returns and information are to be furnished by the institute to the central government i any other matter which has to be or may be prescribed by rules. 43 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 37 of , s. 24, for the institute w.e.f. . 2 ins. by act 37 of , s. 24 w.e.f. . 3 subs. by s. 24, ibid., for the institute w.e.f. . 4 subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 8. of the indian penal code : the pronoun he and its derivatives are used of any person, whether male or female.

section 1. of the indian penal code : this act shall be called the indian penal code, and shall 1extend to the whole of india 2. 1. the original words have successively been amended by act 12 of , s. 2 and sch. i, the a.o. , the a.o. and the a.o. to read as above. 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the indian penal code : every person shall be liable to punishment under this code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within 1 india2 . 1. the original words the said territories have successively been amended by the a.o. , the a.o. , the a.o and act 3 of , s. 3 and the sch., to read as above. 2. the words and figures on or after the said first day of may, rep. by act 12 of , s. 2 and the first sch.

section 7. of the indian penal code : every expression which is explained in any part of this code, is used in every part of this code in conformity with the explanation.

section 9. of the indian penal code : unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

section 10. woman. of the indian penal code : the word man denotes a male human being of any age the word woman denotes a female human being of any age.

section 3. of the indian penal code : any person liable, by any 2 indian law, to be tried for an offence committed beyond 3 india shall be dealt with according to the provisions of this code for any act committed beyond 3 india in the same manner as if such act had been committed within 1 india. 1. the original words the said territories have successively been amended by the a.o. , the a.o. , the a.o and act 3 of , s. 3 and the sch., to read as above. 2. subs. by the a.o. , for law passed by the governor general of india in council. 3. the original words the limits of the said territories have successively been amended by the a.o. , the a.o., the a.o. and act 3 of , s. 3 and the sch., to read as above.

section 4. of the indian penal code : 14. extension of code to extraterritorial offences. the provisions of this code apply also to any offence committed by 21 any citizen of india in any place without and beyond india 2 any person on any ship or aircraft registered in india wherever it may be. 33 any person in any place without and beyond india committing offence targeting a computer resource located in india. 4explanation.in this section a the word offence includes every act committed outside india which, if committed in india, would be punishable under this code b the expression computer resource shall have the meaning assigned to it in clause k of subsection 1 of section 2 of the information technology act, 21 of 5illustration 6a, 7who is 8a citizen of india, commits a murder in uganda. he can be tried and convicted of of murder in any place in 9india in which he may be found. 10 1. subs. by act 4 of , s. 2, for section 4. 2. subs. by the a.o. , for cls. 1 to 4. 3. ins. by act 10 of , s. 51 w.e.f. . 4. subs. by s. 51, ibid., for the explanation w.e.f. . 5. subs. by act 36 of , s. 3 and schedule ii, for lllustrations 6. the brackets and letter a omitted by s. 3 and the second sch., ibid. 7. subs. by the a.o. , for a coolie, who is a native indian subject 8. subs. by the a.o. , for a british subject of indian domicile. 9. the words british india have been successively amended by the a.o. , the a.o. and act 3 of , s. 3 and the sch., to read as above. 10. illustrations b, c and d omitted by the a.o. .

section 6. of the indian penal code : throughout this code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled general exceptions, though those exceptions are not repeated in such definition, penal provision, or illustration. illustrations a the sections, in this code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. b a, a policeofficer, without warrant, apprehends z, who has committed murder. here a is not guilty of the offence of wrongful confinement for he was bound by law to apprehend z, and therefore the case falls within the general exception which provides that nothing is an offence which is done by a person who is bound by law to do it.

section 12. of the indian penal code : the word public includes any class of the public or any community.

section 13.. of the indian penal code : definition of queen. omitted by the a. o. .

section 5. of the indian penal code : 15. certain laws not to be affected by this act. nothing in this act shall affect the provisions of any act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the government of india or the provisions of any special or local law. 1. subs., ibid., for section 5.

section 11. of the indian penal code : the word person includes any company or association or body of persons, whether incorporated or not.

section 18. of the indian penal code : 118. india india means the territory of india excluding the state of jammu and kashmir. 1. subs. by s. 3 and the sch., ibid., for s. 18 which was ins. by the a.o. . the original s. 18 was rep. by the a.o. .

section 19. of the indian penal code : the word judge denotes not only every person who is officially designated as a judge, but also every person. who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment. illustrations a a collector exercising jurisdiction in a suit under act 10 of , is a judge. b a magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appear, is a judge. c a member of a panchayat which has power, under 1regulation vii, , of the madras code, to try and determine suits, suits, is a judge. d a magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another court, is not a judge. 1. rep. by the madras civil courts act, 3 of .

section 15.. of the indian penal code : definition of british india. rep. by the a. o. .

section 20. of the indian penal code : the words court of jutsice denote a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially as a body, when such judge or body of judges is acting judicially. illustration a panchayat acting under 1regulation vii, , of the madras code, having power to try and determine suits, is a court of justice. 1. rep. by the madras civil courts act, 3 of .

section 14. of the indian penal code : 114. servant of government.the words servant of government denote any officer or servant servant continued, appointed or employed in india by or under the authority of government. 1. subs., ibid., for section 14.

section 22. of the indian penal code : the words movable property are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

section 16.. of the indian penal code : definition of government of india. rep., ibid.

section 17. of the indian penal code : 117 government.the word government denotes the central government or the government of a 2state. 1. subs. by the a.o. , for section 17. 2. the word and letter part a omitted by act 3 of , s. 3 and the sch.

section 23. of the indian penal code : wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. wrongful loss.wrongful loss is the loss by unlawful means of property to which the person losing it is legally entitled. gaining wrongfully/losing wrongfully.a person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. a person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

section 25. of the indian penal code : a person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

section 21. of the indian penal code : the words public servant denote a person falling under any of the descriptions hereinafter following, namely: 1 second.every commissioned officer in the military, 2 naval or air forces 3 4 of india 5 third.every judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions fourth.every officer of a court of justice 6including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorised by a court of justice to perform any of such duties fifth.every juryman, assessor, or member of a panchayat assisting a court of justice or public servant. sixth.every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court of justice, or by any other competent public authority seventh.every person who holds any office by virtue of which he is empowered to place or keep any person in confinement eighth.every officer of 7 the government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience ninth.every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of 7the government, or to make any survey, assessment or contract on behalf of 7the government, or to execute any revenueprocess, or to investigate, or to report, on any matter affecting the pecuniary interests of 7the government, or to make, authenticate or keep any document relating to the pecuniary interests of 7the government, or to prevent the infraction of any law for the protection of the pecuniary interests of 7the government 8 tenth.every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district 9 eleventh.every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election 10 twelfth.every person a in the service or pay of the government or remunerated by fees or commission for the performance of any public duty by the government b in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies act, 1 of . illustration a municipal commissioner is a public servant. explanation 1.persons falling under any of the above descriptions are public servants, whether appointed by the government or not. explanation 2.wherever the words public servant occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. 9 explanation 3.the word election denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election. 11 state amendment rajasthan amendment of section 21, central act 45 of .in section 21 of the indian penal code, central act 45 of , in its application to the state of rajasthan, after clause twelfth, the following new clause shall be added, namely: thirteenth.every person employed or engaged by any public body in the conduct and supervision of any examination recognised or approved under any law. explanation.the expression public body includes. a a university, board of education or other body, either established by or under a central or state act or under the provisions of the constitution of india or constituted by the government: and b a local authority.. vide rajasthan act 4 of , s. 2 1.cl. first omitted by the a.o. . 2. subs. by act 10 of , s. 2 and the first sch., for or naval. 3. the original words of the queen while serving under the government of india, or any government have successively been amended by the a.o. , the a.o. and the a.o. to read as above. 4. the words of the dominion omitted by the a.o. . 5. subs. by act 40 of , s. 2, for cl. third. 6. ins. by s. 2, ibid. 7. subs. by the a.o. , for the crown which had been subs. by the a.o. , for government. 8. certain words omitted by act 40 of , s. 2. 9. ins. by act 39 of , s. 2. 10. subs. by act 40 of , s. 2, for cl. twelfth. 11. explanation 4 omitted by act 39 of , s. 2

section 26. of the indian penal code : a person is said to have reason to believe a thing, if he has sufficient cause to believe that thing but not otherwise.

section 28. of the indian penal code : a person is said to counterfeit who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. 1 explanation 1.it is not essential to counterfeiting that the imitation should be exact. explanation 2.when a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised. 1. subs. by act 1 of , s. 9, for the explanation.

section 24. of the indian penal code : whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing dishonestly.

section 27. of the indian penal code : when property is in the possession of a persons wife, clerk or servant, on account of that person, it is in that persons possession within the meaning of this code. explanation.a person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

section 29a. of the indian penal code : 129a. electronic record.the words electronic record shall have the meaning assigned to them in clause t of subsection 1 of section 2 of the information technology act, 21 of . 1. ins. by act 21 of , s. 91 and the first sch. w.e.f. .

section 34. of the indian penal code : 134. acts done by several persons in furtherance of common intention.when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. 1. subs. by act 27 of , s. 1, for section 34.

section 29. of the indian penal code : the word document denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. explanation 1.it is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a court of justice, or not. illustrations a writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. a cheque upon a banker is a document. a powerofattorney is a document. a map or plan which is intended to be used or which may be used as evidence, is a document. a writing containing directions or instructions is a document. explanation 2.whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. illustration a writes his name on the back of a bill of exchange payable to his order. the meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. the endorsement is a document, and must be construed in the same manner as if the words pay to the holder or words to that effect had been written over the signature.

section 36. of the indian penal code : wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. illustration a intentionally causes zs death, partly by illegally omitting to give z food, and party by beating z. a has committed murder.

section 30. of the indian penal code : the words valuable security denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. illustration a writes his name on the back of a bill of exchange. as the effect of this endorsement is to transfer the right to the bill to any person who may become the unlawful holder of it, the endorsement is a valuable security.

section 31. of the indian penal code : the words a will denote any testamentary document.

section 32. of the indian penal code : in every part of this code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

section 38. of the indian penal code : where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. illustration a attacks z under such circumstances of grave provocation that his killing of z would be only culpable homicide not amounting to murder. b, having illwill towards z and intending to kill him, and not having been subject to the provocation, assists a in killing z. here, though a and b are both engaged in causing zs death, b is guilty of murder, and a is guilty only of culpable homicide.

section 39. of the indian penal code : a person is said to cause an effect voluntarily when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. illustration a sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. here, a may not have intended to cause death and may even be sorry that death has been caused by his act yet, if he knew that he was likely to cause death, he has caused death voluntarily.

section 33.omission of the indian penal code : act. omission. the word act denotes as well as series of acts as a single act: the word omission denotes as well a series of omissions as a single omission.

section 41. of the indian penal code : a special law is a law applicable to a particular subject.

section 35. of the indian penal code : whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

section 40. of the indian penal code : 140. offence.except in the 2chapters and sections mentioned in clauses 2 and 3 of this section, the word offence denotes a thing made punishable by this code. in chapter iv, 3chapter va and in the following sections, namely, sections 464, 65, 66, 567, 71, 109, 110, 112, 114, 115, 116, 117,6118, 119 and 120 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word offence denotes a thing punishable under this code, or under any special or local law as hereinafter defined. and in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word offence has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine. 1. subs. by act 27 of , s. 2, for section 40. 2. subs. by act 8 of , s. 2 and the first sch., for chapter. 3. ins. by act 8 of , s. 2. 4. ins. by act 8 of , s. 1. 5. ins. by act 10 of , s. 21 1. 6. ins. by act 10 of , s. 51 w.e.f. .

section 42. of the indian penal code : a local law is a law applicable only to a particular part of 1 2 3 india. 1. subs. by the a.o. , for british india. 2. the words the territories comprised in omitted by act 48 of , s. 3 and the second sch. 3. subs. by act 3 of , s. 3 and the sch., for the states which had been subs. by the a.o. , for the provinces.

section 43.legally bound to do. of the indian penal code : illegal. legally bound to do the word illegal is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action and a person is said to be legally bound to do whatever it is illegal in him to omit.

section 44. of the indian penal code : the word injury denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

section 37. of the indian penal code : when an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. illustrations a a and b agree to murder z by severally and at different times giving him small doses of poison. a and b administer the poison according to the agreement with intent to murder z. z dies from the effects the several doses of poison so administered to him. here a and b intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. b a and b are joint jailors, and as such have the charge of z, a prisoner, alternatively for six hours at a time. a and b, intending to cause zs death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish z with food supplied to them for that purpose. z dies of hunger. both a and b are guilty of the murder of z. c a, a jailor, has the charge of z, a prisoner. a, intending to cause zs death, illegally omits to supply z with food in consequence of which z is much reduced in strength, but the starvation is not sufficient to cause his death. a is dismissed from his office, and b succeeds him. b, without collusion or cooperation with a, illegally omits to supply z with food, knowing that he is likely thereby to cause zs death. z dies of hunger. b is guilty of murder, but, as a did not cooperate with b. a is guilty only of an attempt to commit murder.

section 45. of the indian penal code : the word life denotes the life of a human being, unless the contrary appears from the context.

section 52a. of the indian penal code : 152a. harbour.except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word harbour includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension. 1. ins. by act 8 of , s. 2.

section 46. of the indian penal code : the word death denotes the death of a human being unless the contrary appears from the context.

section 47. of the indian penal code : the word animal denotes any living creature, other than a human being.

section 52. of the indian penal code : nothing is said to be done or believed in good faith which is done or believed without due care and attention.

section 49.month of the indian penal code : year. month. wherever the word year or the word month is used, it is to be understood that the year or the month is to be reckoned according to the british calendar.

section 50. of the indian penal code : the word section denotes one of those portions of a chapter of this code which are distinguished by prefixed numeral figures.

section 53a. of the indian penal code : 153a. construction of reference to transportation. 1 subject to the provisions of subsection 2 and subsection 3, any reference to transportation for life in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed shall be construed as a reference to imprisonment for life. 2 in every case in which a sentence of transportation for a term has been passed before the commencement of the code of criminal procedure amendment act, 2 26 of , the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term. 3 any reference to transportation for a term or to transportation for any shorter term by whatever name called in any other law for the time being in force shall be deemed to have been omitted. 4 any reference to transportation in any other law for the time being in force shall, a if the expression means transportation for life, be construed as a reference to imprisonment forlife b if the expression means transportation for any shorter term, be deemed to have been omitted. 1. ins. by act 26 of , s. 117 and the sch. w.e.f. . 2. subs. by act 36 of , s. 3 and the second sch., for .

section 54. of the indian penal code : in every case in which sentence of death shall have been passed, 1the appropriate government may, without the consent of the offender, commute the punishment punishment for any other punishment provided by this code. 1. subs. by the a.o. , for the central government or the provincial government of the province within which the offender shall have been sentenced. the words in italics were subs. by the a.o. , for the government of india or the government of the place.

section 48. of the indian penal code : the word vessel denotes anything made for the conveyance by water of human beings or of property.

section 51. of the indian penal code : the word oath includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a court of justice or not.

section 53. of the indian penal code : the punishments to which offenders are liable under the provisions of this code are first.death 1 secondly.imprisonment for life 2 fourthly.imprisonment, which is of two descriptions, namely: 1 rigorous, that is, with hard labour 2 simple fifthly.forfeiture of property sixthly.fine. 1. subs. by act 26 of , s. 117 and the sch., for secondly.transportation w.e.f. . 2. cl. thirdly omitted by act 17 of , s. 2 w.e.f. .

section 61.. of the indian penal code : sentence of forfeiture of property. rep. by the indian penal code amendment act, 16 of , s. 4.

section 56.. of the indian penal code : sentence of europeans and americans to penal servitude. proviso as to sentence for term exceeding ten years but not for life. rep. by the criminal law removal of racial discriminations act, 17 of w. e. f. .

section 55a. of the indian penal code : 1in sections fiftyfour and fiftyfive the expression appropriate government means, a in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the union extends, the central government and b in cases where the sentence whether of death or not is for an offence against any law relating to a matter to which the executive power of the state extends, the government of the state within which the offender is sentenced. 1. subs. by the a. o . earlier ins by the a. o. .

section 60. of the indian penal code : in every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

section 62.. of the indian penal code : forfeiture of property, in respect of offenders punishable with death, transportation or imprisonment. rep. by s. 4 ibid.

section 59.. of the indian penal code : transportation instead of imprisonment. rep. by s.117 and the sch., ibid. w.e.f. .

section 58.. of the indian penal code : offenders sentenced to transportation how dealt with until transported. rep. by the code of criminal procedure amendment act, 26 of , s. 117 and the sch. w.e.f. .

section 64. of the indian penal code : 1 in every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable 2 with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine. it shall be competent to the court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. 1. subs. by act 8 of , s. 2, for in every case in which an offender is sentenced to a fine. 2. ins. by act 10 of , s. 21 2.

section 55. of the indian penal code : in every case in which sentence of 1 imprisonment for life shall have been passed, 2 the appropriate government may, without the consent consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. 1. subs. by act 26 of , s. 117 and the sch., for transportation w.e.f. . 2. subs. by the a.o. , for the provincial government of the province within which the offender shall have been sentenced. the words in italics were subs. by the a.o. , for the government of india or the government of the place.

section 57. of the indian penal code : in calculating fractions of terms of punishment, 1 imprisonment for life shall be reckoned as equivalent to57 imprisonment for twenty years. 1. subs. by act 26 of , s. 117 and the sch., for transportation w.e.f. .

section 65. of the indian penal code : the term for which the court directs the offender to be imprisoned in default of payment of a fine shall not exceed onefourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

section 68. of the indian penal code : the imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

section 70. death not to discharge property from liability. of the indian penal code : the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

section 63. of the indian penal code : where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

section 66. of the indian penal code : the imprisonment which the court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

section 71. of the indian penal code : where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. 1 where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences. illustrations a a gives z fifty strokes with a stick. here a may have committed the offence of voluntarily causing hurt to z by the whole beating, and also by each of the blows which make up the whole beating. if a were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. but he is liable only to one punishment for the whole beating. b but, if, while a is beating z, y interferes, and a intentionally strikes y, here, as the blow given to y is no part of the act whereby a voluntarily causes hurt to z, a is liable to one punishment for voluntarily causing hurt to z, and to another for the blow given to y. 1. added by s. 4, ibid.

section 73. of the indian penal code : whenever any person is convicted of an offence for which under this code the court has power to sentence him to rigorous imprisonment, the court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say a time not exceeding one month if the term of imprisonment shall not exceed six months a time not exceeding two months if the term of imprisonment shall exceed six months and1 shall not exceed one year a time not exceeding three months if the term of imprisonment shall exceed one year. 1. subs. by act 8 of , s. 5, for be less than a.

section 67. of the indian penal code : if the offence be punishable with fine only, 1 the imprisonment which the court imposes in default of payment of the fine shall be simple, and the term for which the court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case. 1. ins. by act 8 of , s. 3.

section 75. of the indian penal code : 175. enhanced punishment for certain offences under chapter xii or chapter xvii after previous conviction. whoever, having been convicted, a by a court in 2india, of an offence punishable under chapter xii or chapter xvii of this code with imprisonment of either description for a term of three years or upwards, 3 4 shall be guilty of any offence punishable under either of those chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to 5imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. 1. subs. by act 3 of , s. 2, for section 75. 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 3. the word or omitted by act 3 of , s. 3 and the sch. 4. cl. b omitted by s. 3 and the sch., ibid. 5. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 69. of the indian penal code : if, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. illustration a is sentenced to a fine of one hundred rupees and to four months imprisonment in default of payment. here, if seventyfive rupees of the fine be paid or levied before the expiration of one month of the imprisonment, a will be discharged as soon as the first month has expired. if seventyfive rupees be paid or levied at the time of the expiration of the first month, or at any later time while a continues in imprisonment, a will be immediately discharged. if fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment. a will be discharged as soon as the two months are completed. if fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while a continues in imprisonment, a will be immediately discharged.

section 72. of the indian penal code : in all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

section 77. of the indian penal code : nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

section 79. of the indian penal code : nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. illustration a sees z commit what appears to a to be a murder. a, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes z, in order to bring z before the proper authorities. a has committed no offence, though it may turn out that z was acting in selfdefence.

section 74. of the indian penal code : in executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

section 80. of the indian penal code : nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. illustration a is at work with a hatchet the head flies off and kills a man who is standing by. here, if there was no want of proper caution on the part of a, his act is excusable and not an offence.

section 81. of the indian penal code : nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. explanation.it is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. illustrations a a, the captain of a steam vessel, suddenly, and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat b, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat c with only two passengers on board, which he may possibly clear. here, if a alters his course without any intention to run down the boat c and in good faith for the purpose of avoiding the danger to the passengers in the boat b, he is not guilty of an offence, though he may run down the boat c by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down c. b a, in a great fire, pulls down houses in order to prevent the conflagration from spreading. he does this with the intention in good faith of saving human life or property. here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse as act, a is not guilty of the offence.

section 76. of the indian penal code : nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. illustrations a a, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. a has committed no offence. b a, an officer of a court of justice, being ordered by that court to arrest y, and after due enquiry, believing z to be y, arrests z. a has committed no offence.

section 83. of the indian penal code : nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

section 78. of the indian penal code : nothing which is done in pursuance of, or which is warranted by the judgment or order of, a court of justice if done whilst such judgment or order remains in force, is an offence, notwithstanding the court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the court had such jurisdiction.

section 85. of the indian penal code : nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

section 87. of the indian penal code : nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. illustration a and z agree to fence with each other for amusement. this agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play and if a, while playing fairly, hurts z, a commits no offence.

section 88. of the indian penal code : nothing, which is not intented to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. illustration a, a surgeon, knowing that a particular operation is likely to cause the death of z, who suffers under the painful complaint, but not intending to cause zs death, and intending, in good faith, zs benefit, performs that operation on z, with zs consent. a has committed no offence.

section 92. of the indian penal code : nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that persons consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: provided provisos. first.that this exception shall not extend to the intentional causing of death, or the attempting to cause death secondly.that this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity thirdly.that this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt fourthly.that this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. illustrations a z is thrown from his horse, and is insensible. a, a surgeon, finds that z requires to be trepanned. a, not intending zs death, but in good faith, for zs benefit, performs the trepan before z recovers his power of judging for himself. a has committed no offence. b z is carried off by a tiger. a fires at the tiger knowing it to be likely that the shot may kill z, but not intending to kill z, and in good faith intending zs benefit. as ball gives z a mortal wound. a has committed no offence. c a, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. there is not time to apply to the childs guardian. a performs the operation in spite of the entreaties of the child, intending, in good faith, the childs benefit. a has committed no offence. d a is in a house which is on fire, with z, a child. people below hold out a blanket. a drops the child from the housestop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the childs benefit. here, even if the child is killed by the fall, a has committed no offence. explanation.mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.

section 82. of the indian penal code : nothing is an offence which is done by a child under seven years of age.

section 86. of the indian penal code : in cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

section 91. of the indian penal code : the exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. illustration causing miscarriage unless caused in good faith for the purpose of saving the life of the woman is offence independently of any harm which it may cause or be intended to cause to the woman. therefore, it is not an offence by reason of such harm and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

section 93. of the indian penal code : no communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. illustration a, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. the patient dies in consequence of the shock. a has committed no offence, though he knew it to be likely that the communication might cause the patients death.

section 95. of the indian penal code : nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

section 89. of the indian penal code : nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: provided provisos. first.that this exception shall not extend to the intentional causing of death, or to the attempting to cause death secondly.that this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity thirdly.that this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity fourthly.that this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend. illustration a, in good faith, for his childs benefit without his childs consent, has his child cut for the stone by a surgeon knowing it to be likely that the operation will cause the childs death, but not intending to cause the childs death. a is within the exception, inasmuch as his object was the cure of the child.

section 84. of the indian penal code : nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

section 96. of the indian penal code : nothing is an offence which is done in the exercise of the right of private defence.

section 90. of the indian penal code : a consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception or consent of insane person.if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent or consent of child.unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

section 94. of the indian penal code : except murder, and offences against the state punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. explanation 1.a person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. explanation 2.a person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

section 104. of the indian penal code : if the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrongdoer of any harm other than death.

section 97. of the indian penal code : every person has a right, subject to the restrictions contained in section 99, to defend first.his own body, and the body of any other person, against any offence affecting the human body secondly.the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the defintion of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

section 99. of the indian penal code : there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law. there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law. there is no right of private defence in cases in which there is time to have recourse to protection of the public authorities. extent to which the right may be exercised.the right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. explanation 1.a person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. explanation 2.a person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

section 103. of the indian penal code : the right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely: first.robbery secondly. housebreaking by night thirdly.mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property fourthly.theft, mischief, or housetrespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. state amendments karnataka 1 in section 103, in clause thirdly, i after the words mischief by fire, the words or any explosive substance shall be inserted ii after the words as a human dwelling, or the words as a place of worship, or shall be inserted. 2 after clause fourthly, the following clause shall be inserted, namely: fifthly. mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of government or any local authority, statutory body or company owned or controlled by government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward. vide karnataka act 8 of , sec. 2.

section 102. of the indian penal code : the right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues.

section 98. etc. of the indian penal code : when an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. illustrations a z, under the influence of madness, attempts to kill a z is guilty of no offence. but a has the same right of private defence which he would have if z were sane. b a enters by night a house which he is legally entitled to enter. z, in good faith, taking a for a housebreaker, attacks a. here z, by attacking a under this misconception, commits no offence. but a has the same right of private defence against z, which he would have if z were not acting under that misconception.

section 101. of the indian penal code : if the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.

section 105. of the indian penal code : the right of private defence of property commences when a reasonable apprehension of danger to the property commences. the right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. the right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. the right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. the right of private defence of property against housebreaking by night continues as long as the housetrespass which has been begun by such housebreaking continues.

section 106. of the indian penal code : if in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. illustration a is attacked by a mob who attempt to murder him. he cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. a commits no offence if by so firing he harms any of the children.

section 100. of the indian penal code : the right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely: first.such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault secondly.such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault thirdly.an assault with the intention of committing rape fourthly.an assault with the intention of gratifying unnatural lust fifthly.an assault with the intention of kidnapping or abducting sixthly.an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 1 seventhly.an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 1. ins. by act 13 of , s. 2 w.e.f. .

section 108a. of the indian penal code : 1108a. abetment in india of offences outside india. a person abets an offence within the meaning of this code who, in 2india, abets the commission of any act without and beyond 1india which would constitute an offence if committed in 2india. illustration a, in 2india, instigates b, a foreigner in goa, to commit a murder in goa, a is guilty of abetting murder. 1. added by act 4 of , s. 3. 2. the words british india have successively been subs. by the a.o. , the a.o. and act 3 of , s. 3 and the sch., to read as above.

section 112. of the indian penal code : if the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. illustration a instigates b to resist by force a distress made by a public servant. b, in consequence, resists that distress. in offering the resistance, b voluntarily causes grievous hurt to the officer executing the distress. as b has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, b is liable to punishment for both these offences and, if a knew that b was likely voluntarily to cause grievous hurt in resisting the distress a will also be liable to punishment for each of the offences.

section 107. of the indian penal code : a person abets the doing of a thing, who first.instigates any person to do that thing or secondly.engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing or thirdly.intentionally aids, by any act or illegal omission, the doing of that thing. explanation 1.a person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. illustration a, a public officer, is authorised by a warrant from a court of justice to apprehend z, b, knowing that fact and also that c is not z, wilfully represents to a that c is z, and thereby intentionally causes a to apprehend c. here b abets by instigation the apprehension of c. explanation 2.whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

section 114. of the indian penal code : whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

section 108. of the indian penal code : a person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. explanation 1.the abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. explanation 2.to constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. illustrations a a instigates b to murder c. b refuses to do so. a is guilty of abetting b to commit murder. b a instigates b to murder d. b in pursuance of the instigation stabs d. d recovers from the wound. a is guilty of instigating b to commit murder. explanation 3.it is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. illustrations a a, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as a. here a, whether the act be committed or not, is guilty of abetting an offence. b a, with the intention of murdering z, instigates b, a child under seven years of age, to do an act which causes zs death. b, in consequence of the abetment, does the act in the absence of a and thereby causes zs death. here, though b was not capable by law of committing an offence, a is liable to be punished in the same manner as if b had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. c a instigates b to set fire to a dwellinghouse. b, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of as instigation. b has committed no offence, but a is guilty of abetting the offence of setting fire to a dwellinghouse, and is liable to the punishment provided for that offence. d a, intending to cause a theft to be committed, instigates b to take property belonging to z out of zs possession. a induces b to believe that the property belongs to a. b takes the property out of zs possession, in good faith, believing it to be as property. b, acting under this misconception, does not take dishonestly, and therefore does not commit theft. but a is guilty of abetting theft, and is liable to the same punishment as if b had committed theft. explanation 4.the abetment of an offence being an offence, the abetment of such an abetment is also an offence. illustration a instigates b to instigate c to murder z. b accordingly instigates c to murder z, and c commits that offence in consequence of bs instigation. b is liable to be punished for his offence with the punishment for murder and, as a instigated b to commit the offence, a is also liable to the same punishment. explanation 5.it is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. it is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. illustration a concerts with b a plan for poisoning z. it is agreed that a shall administer the poison. b then explains the plan to c mentioning that a third person is to administer the poison, but without mentioning as name. c agrees to procure the poison, and procures and delivers it to b for the purpose of its being used in the manner explained. a administers the poison z dies in consequence. here, though a and c have not conspired together, yet c has been engaged in the conspiracy in pursuance of which z has been murdered. c has therefore committed the offence defined in this section and is liable to the punishment for murder.

section 109. of the indian penal code : whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this code for the punishment of such abetment, be punished with the punishment provided for the offence. explanation.an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. illustrations a a offers a bribe to b, a public servant, as a reward for showing a some favour in the exercise of bs official functions. b accepts the bribe. a has abetted the offence defined in section 161. b a instigates b to give false evidence. b, in consequence of the instigation, commits that offence. a is guilty of abetting that offence, and is liable to the same punishment as b. c a and b conspire to poison z. a, in pursuance of the conspiracy, procures the poison and delivers it to b in order that he may administer it to z. b, in pursuance of the conspiracy, administers the poison to z in as absence and thereby causes zs death. here b is guilty of murder. a is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

section 110. of the indian penal code : whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

section 111. of the indian penal code : when an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. illustrations a a instigates a child to put poison into the food of z, and gives him poison for that purpose. the child, in consequence of the instigation, by mistake puts the poison into the food of y, which is by the side of that of z. here, if the child was acting under the influence of as instigation, and the act done was under the circumstances a probable consequence of the abetment, a is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of y. b a instigates b to burn zs house. b sets fire to the house and at the same time commits theft of property there. a, though guilty of abetting the burning of the house, is not guilty of abetting the theft for the theft was a distinct act, and not a probable consequence of the burning. c a instigates b and c to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. b and c break into the house, and being resisted by z, one of the inmates, murder z. here, if that murder was the probable consequence of the abetment, a is liable to the punishment provided for murder.

section 115.if offence not committed. of the indian penal code : whoever abets the commission of an offence punishable with death or 1 imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if act causing harm be done in consequence.and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. illustration a instigates b to murder z. the offence is not committed. if b had murdered z, he would have been subject to the punishment of death or 1imprisonment for life. therefore a is liable to imprisonment for a term which may extend to seven years and also to a fine and if any hurt be done to z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 113. of the indian penal code : when an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. illustration a instigates b to cause grievous hurt to z. b, in consequence of the instigation, causes grievous hurt to z. z dies in consequence. here, if a knew that the grievous hurt abetted was likely to cause death, a is liable to be punished with the punishment provided for murder.

section 117. of the indian penal code : whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. illustration a affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. a has committed the offence defined in this section.

section 120. of the indian penal code : whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed if offence be not committed.shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth, and, if the offence be not committed, to oneeight, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

section 120b. of the indian penal code : 1120b. punishment of criminal conspiracy.1 whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. 2 whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. 1. 3. ins. by act 8 of , s. 3. 2. subs. by act 26 of , s. 117 and the sch., for transportation w.e.f. .

section 116.if offence be not committed. of the indian penal code : whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the longest term provided for that offence or with such fine as is provided for that offence, or with both if abettor or person abetted be a public servant whose duty it is to prevent offence.and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. illustrations a a offers a bribe to b, a public servant, as a reward for showing. a some favour in the exercise of bs official functions. b refuses to accept the bribe. a is punishable under this section. b a instigates b to give false evidence. here, if b does not give false evidence, a has nevertheless committed the offence defined in this section, and is punishable accordingly. c a, a policeofficer, whose duty it is to prevent robbery, abets the commission of robbery. here, though the robbery be not committed, a is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine. d b abets the commission of a robbery by a, a policeofficer, whose duty it is to prevent that offence. here, though the robbery be not committed, b is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine.

section 121. of the indian penal code : whoever wages war against the 1government of india, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 2imprisonment for life 3and shall also be liable to fine. 4illustrationic 5a joins an insurrection against the 1government of india. a has committed the offence defined in this section. 6 1. subs. by the a. o. , for queen. 2. subs. by 26 of , s. 117 and the sch., for transportation for life w.e.f. . 3. subs. by act 16 of , s. 2, for :and shall forfeit all his property. 4. subs. by act 36 of , s. 3 and the second sch., for illustrations 5. the brackets and letter a omitted by s. 3 and the second sch., ibid. 6. illustration b omitted, by the a. o. .

section 118. of the indian penal code : whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 1 imprisonment for life, 2 voluntarily conceals by any act or illegal omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design, if offence be committed if offence be not committed.shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years and in either case shall also be liable to fine. illustration a, knowing that dacoity is about to be committed at b, falsely informs the magistrate that a dacoity is about to be committed at c, a place in an opposite direction, and thereby misleads the magistrate with intent to facilitate the commission of the offence. the dacoity is committed at b in pursuance of the design. a is punishable under this section. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. subs. by act 10 of , s. 51, for voluntarily conceals, by any act or illegal omission, the existence of a design w.e.f. .

section 121a. of the indian penal code : 1121a. conspiracy to commit offences punishable by section 121.whoever within or without 2india conspires to commit any of the offences punishable by section 121, 3 or conspires to overawe, by means of criminal force or the show of criminal force, 4the central government or any 5state government 6, shall be punished with 7imprisonment for life, or with imprisonment of either description which may extend to ten years, 8and shall also be liable to fine. explanation.to constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof. 1. ins. by act 27 of , s. 4. 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 3. the words or to deprive the queen of the sovereignty of the provinces or of any part thereof omitted by the a. o. . 4. subs. by the a. o. , for the g. of i, or any l. g. 5. subs. by the a. o. , for provincial. 6. the words or the government of burma omitted by the a. o. . 7. subs. by act 26 of , s. 117 and the sch., for transportation for life or any shorter term w.e.f. . 8. ins. by act 16 of , s. 3.

section 122., with intention of waging war against the government of india. of the indian penal code : whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the 1government of india, shall be punished with 2imprisonment for life or imprisonment of either description for a term not exceeding ten years, 3and shall also be liable to fine. 1. subs. by the a. o. , for queen. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 3. subs. by act 16 of , s. 2, for and shall forfeit all his property.

section 119. of the indian penal code : whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, 1voluntarily conceals, by any act or illegal omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, if offence be committed. shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both if offence be punishable with death, etc.or, if the offence be punishable with death or 2imprisonment for life, with imprisonment of either description for a term which may extend to ten years if offence be not committed.or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. illustration a, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that b designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. here a has by an illegal omission concealed the existence of bs design, and is liable to punishment according to the provision of this section. 1. subs. by act 10 of , s. 51, for voluntarily conceals, by any act or illegal omission, the existence of a design w.e.f. . 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 120a. of the indian penal code : 1120a. definition of criminal conspiracy. when two or more persons agree to do, or cause to be done, 1 an illegal act, or 2 an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. explanation.it is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 1. ins. by act 8 of , s. 3.

section 123. of the indian penal code : whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 1 government of india, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by the a. o , for queen.

section 124. governor, etc. of the indian penal code : whoever, with the intention of inducing or compelling the 1 president of india, or 94 governor 3 of any 4 state, 5 6 7 to exercise or refrain from exercising in any manner any any of the lawful powers of such 100president or 2 governor 3 , assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such 8president or 2 governor 3 , shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by the ibid., for governor general. 2. subs. by act 3 of , s. 3 and the sch., for governor. 3. the words or rajpramukh omitted by the a. o. . 4. subs. by the a. o. , for province which had been subs. by the a. o. , for presidency. 5. the words or a lieutenantgovernor omitted by the a. o. . 6. the words or a member of the council of the governor general of india omitted by the a.o. . 7. the words or of the council of any presidency omitted by the a. o. . 8. the words governor general, governor, lieutenantgovernor or member of council have successively been amended by the a.o. , the a. o. and the a. o. to read as above/

section 128. of the indian penal code : whoever, being a public servant and having the custody of any state prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with 1 imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 131. of the indian penal code : 3whoever abets the committing of mutiny by an officer, soldier, 4sailor or airman, in the army, 5navy or air force of the 1government of india or attempts to seduce any such officer, soldier, 4sailor or airman from his allegiance or his duty, shall be punished with 2 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 6explanation.in this section the words officer, 7soldier, 8sailor and airman include any any person subject to the 9army act, 10the army act, 46 of ,1 the naval discipline act, 12 the 12 the 13 indian navy discipline act, 34 of 14 the air force act or 15 the air force act, 45 of , as the case may be. 1. subs. by the a. o. , for queen. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 3. subs. by act 10 of , s. 2 and the first sch., for and navy. 4. subs. by s. 2 and the first sch., ibid., for or sailor. 5. subs. by s. 2 and the first sch., ibid., for or navy. 6. ins. by act 27 of , s. 6. 7. subs. by act 10 of , s. 2 and the first sch., for and soldier 8. ins. by act 35 of , s. 2 and sch. 9. subs. by act 10 of , s. 2 and the first sch., for articles or war for the better government of her majestys army, or to the articles of war contained in act no. 5 of . 10. subs. by act 3 of , s. 3 and the sch., for the indian army act, . 11. ins. by act 35 of , s. 2 and the sch. 12. the words or that act as modified by omitted by the a. o. . 13. now see the navy act, 62 of . 14. subs. by act 14 of , s. 130 and the sch., for or the air force act. 15. subs. by act 3 of , s. 3 and the sch., for the indian air force act, .

section 125. of the indian penal code : whoever wages war against the government of any asiatic power in alliance or at peace with the 2 government of india or attempts to wage such war, or abets the waging of such war, shall be punished with 1 imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. subs. by the a. o , for queen.

section 126. of the indian penal code : whoever commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the 1 government of india, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. 1. subs. by the a. o. , for queen.

section 127. of the indian penal code : whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.

section 133. of the indian penal code : whoever abets an assault by an officer, soldier, 1 sailor or airman, in the army, 2 navy or air force of the 3government of india, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen.

section 124a. of the indian penal code : 1124asedition.whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 2 the government established by law in 3india, 4 shall be punished with 5imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. explanation 1. the expression disaffection includes disloyalty and all feelings of enmity. explanation 2.comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. explanation 3.comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. 1. ins. by act 27 of , s. 5 and subs. by act 4 of , s. 4, for s. 124a. 2. the words her majesty or omitted by the a.o. . the words or the crown representative ins. after the word majesty by the a. o. were omitted by the a. o. . 3. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 4. the words or british burma ins. by the a. o. and omitted by the a. o . 5. subs. by act 26 of , s. 117 and the sch., for transportation for life or any shorter term w.e.f. .

section 132. of the indian penal code : whoever abets the committing of mutiny by an officer, soldier, 1 sailor or airman, in the army, 2 navy or air force of the 3government of india, shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen. 4. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 134. of the indian penal code : whoever abets an assault by an officer, soldier, 1 sailor or airman, in the army, 2 navy or air force of the 3government of india, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen.

section 135. of the indian penal code : whoever, abets the desertion of any officer, soldier, 1 sailor or airman, in the army, 2 navy or air force of the 3government of india, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen.

section 130. of the indian penal code : whoever knowingly aids or assists any state prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. explanation.a state prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2 india, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 129. of the indian penal code : whoever, being a public servant and having the custody of any state prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

section 136. of the indian penal code : whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, 1 sailor or airman, in the army, 2 navy or air force of the 3government of india, has deserted, harbours such officer, soldier, 1 sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. exception.this provision does not extend to the case in which the harbour is given by a wife to her husband. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor./.hr2 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen.

section 137. of the indian penal code : the master or person in charge of a merchant vessel, on board of which any deserter from the army, 1 navy or air force of the 2government of india is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. 1. subs. by s. 2 and the first sch., ibid., for or navy. 2. subs. by the a. o. , for queen.

section 138. of the indian penal code : whoever abets what he knows to be an act of insubordination by an officer, soldier, 1 sailor or airman, in the army, 2 navy or air force, of the 3government of india, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or navy. 3. subs. by the a. o. , for queen.

section 142. of the indian penal code : whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

section 139. of the indian penal code : no person subject to 1the army act, 2the army act, 46 of , the naval discipline act, 3 4 5the indian navy discipline act, 34 of , 6the air force act or 7the air force act, 45 of , is subject to punishment under this code code for any of the offences defined in this chapter. 1. subs. by act 10 of , s. 2 and the first sch., for any articles of war for the army of navy of the queen, or for any part of such army or navy. 2. subs. by act 3 of , s. 3 and the sch., for the indian army act, . 3. ins. by act 35 of , s. 2 and the sch. 4. the words or that act as modified by omitted by the a. o. . 5. now see the navy act, 62 of . 6. subs. by act 14 of , s. 130 and sch., for or the air force act. 7. subs. by act 3 of , s. 3 and the sch., for the indian air force act, .

section 144. of the indian penal code : whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 140. of the indian penal code : whoever, not being a soldier, 1 sailor or airman in the military, 2naval or air service of the 3government of india, wears any garb or carries any token resembling any garb or token used by such a soldier, 1 sailor or airman with the intention that it may be believed that he is such a soldier, 1 sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 1. subs. by act 10 of , s. 2 and the first sch., for or sailor. 2. subs. by s. 2 and the first sch., ibid., for or naval. 3. subs. by the a. o. , for queen.

section 145. of the indian penal code : whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.

section 146. of the indian penal code : whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

section 141. of the indian penal code : an assembly of five or more persons is designated an unlawful assembly, if the common object of the persons composing that assembly is first.to overawe by criminal force, or show of criminal force, 1the central or any state government or parliament or the legislature of any state, or any public servant in the exercise of the lawful power of such public servant or second.to resist the execution of any law, or of any legal process or third.to commit any mischief or criminal trespass, or other offence or fourth.by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right or fifth.by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. explanation.an assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 1. subs., ibid., for the central or any provincial government or legislature.

section 143. of the indian penal code : whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 149. of the indian penal code : if an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

section 138a.. of the indian penal code : 1application of foregoing sections to the indian marine service. rep. by the amending act, 35 of , s. 2 and sch. 1. ins. by act 14 of , s. 79.

section 153.wantonly giving provocation, with intent to cause riot of the indian penal code : whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 153a. of the indian penal code : 1153a. promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 1 whoever a by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill between different religious, racials, language or regional groups or castes or communities, or b commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, 2or 2c organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. 2 offence committed in place of worship, etc.whoever commits an offence specified in subsection 1 in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. 1. subs. by act 35 of , s. 2, for section 153a. 2. ins. by act 31 of , s. 2.

section 147. of the indian penal code : whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 148. of the indian penal code : whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 151. of the indian penal code : whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. explanation.if the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.

section 153b. of the indian penal code : 1153b. imputations, assertions prejudicial to national integration. 1 whoever, by words either spoken or written or by signs or by visible representations or otherwise, a makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the constitution of india as by law established or uphold the sovereignty and integrity of india, or b asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of india, or c makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or illwill between such members and other persons, shall be punished with imprisonment which may extend to three years, or with fine, or with both. 2 whoever commits an offence specified in subsection 1 in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. 1. ins. by act 31 of , s. 2.

section 154. of the indian penal code : whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest policestation, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.

section 153aa. of the indian penal code : 1153aa. punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms. whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144a of the code of criminal procedure, 2 of shall be punished with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees. explanation.arms means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp edged weapons, lathis, dandas and sticks. 1. ins. by act 25 of , s. 44 w.e.f. .

section 155. of the indian penal code : whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.

section 156. of the indian penal code : whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

section 150. of the indian penal code : whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

section 152. of the indian penal code : whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 161.. of the indian penal code : public servant taking a gratification other than legal remuneration, in respect of an official act. rep. by the prevention of corruption act, 49 of , s. 31. state amendment kerala. amendment of section 161, central act 45 of in section 161 of the indian penal code central act 45 of , after the explanation relating to a motive or reward for doing, the following explanation shall be inserted, namely: public servant. for purposes of this section and sections 162, 163, 164, 165 and 165a, the words public servant shall denote, besides those who are public servants under section 21 or who are deemed to be public servants within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following, namely:. i every officer in the service or pay of the travancore devaswom board or the cochin devaswom board or the cochin devaswom board ii every officer in the service or pay and every member of the wakfs board constituted under the wakfs act, central act 29 of iii the president and every member of a village court or village panchayat court iv every member of the board of directors or of the executive or managing committee and every officer or servant of a cooperative society registered or deemed to be registered under the law relating to cooperative societies for the time being in force. v every member of the governing body and every officer or servant in the service or pay of a society registered under the travancorecochin literary, scientific and charitable societies registration act, or the societies registration act, , and receiving aid or grant from the government vi every teacher or other officer or servant of the university of kerala vii every examiner of a university examination or a government examination viii every manager, or teacher or servant of an educational institution which receives or has received aid or grant from the government or the university of kerala.. vide kerala act 27 of , sec. 2.

section 157. of the indian penal code : whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 158. of the indian penal code : whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, or to go armed.and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 164.. of the indian penal code : punishment for abetment by public servant of the offences above defined. rep. by s. 31, ibid.

section 165.. of the indian penal code : public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant. rep. by s. 31, ibid.

section 159. of the indian penal code : when two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray.

section 163.. of the indian penal code : taking a gratification for the exercise of personal influence with a public servant. rep. by s. 31, ibid.

section 162.. of the indian penal code : taking a gratification, in order, by corrupt or illegal means, to influence a public servant. rep. by s. 31, ibid.

section 160. of the indian penal code : whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both. state amendment uttar pradesh. abatement of certain trials. notwithstanding anything contained in any other law for the time being in force, 1 the trial of an accused for a an offence punishable under i the motor vehicles act, or ii the public gambling act, , not being an offence punishable under section 3 of that act or an offence in respect of wagering punishable under section 13 of that act or iii section 34 of the police act, or iv section 160 of the indian penal code, or b any other offence punishable with fine only, or 2 a procedure, under section 107 or section 109 of the code of criminal procedure, , pending before a magistrate on the date of commencement of this act from before december 31, shall abate. vide the uttar pradesh act 35 of , s. 9, and amended by uttar pradesh act 29 of and 9 of .

section 169. of the indian penal code : whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both and the property, if purchased, shall be confiscated.

section 171. of the indian penal code : whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

section 166. of the indian penal code : whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. iiiustration a, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in zs favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to z. a has committed the offence defined in this section.

section 170. of the indian penal code : whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 166a. of the indian penal code : 1166a. public servant disobeying direction under law. whoever, being a public servant, a knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or b knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or c fails to record any information given to him under subsection 1 of section 154 of the code of criminal procedure, 2 of , in relation to cognizable offence punishable under section 326a, section 326b, section 354, section 354b, section 370, section 370a, section 376, section 376a, 2section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db, section 376e or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. state amendment arunachal pradesh. amendment of section 166a.in section 166a of the principal act, in clause c, for the words, figures and letters section 326a, section 326b, section 354, section 354a, section 370, section 370a, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 the words, figures and letters section 326a, section 326b, section 354, subsections 2 and 3 of section 354a, section 354b, section 354c, subsections 2 of section 354d, section 370, section 370a, section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da, section 376e or section 509 shall be substituted. vide arunachal pradesh act 3 of , s. 3 1. ins. by act 13 of , s. 3 w.e.f. . 2. subs. by act 22 of , s. 2, for section 376b, section 376c, section 376d w.e.f. .

section 168. of the indian penal code : whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

section 165a.. of the indian penal code : punishment for abetment of offences defined in section 161 or section 165. rep. by the prevention of corruption act, 49 of , s. 31.

section 166b. of the indian penal code : whoever, being in charge of a hospital, public or private, whether run by the central government, the state government, local bodies or any other person, contravenes the provisions of section 357c of the code of criminal procedure, 2 of , shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

section 167. of the indian penal code : whoever, being a public servant, and being, as 1 such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 1. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. .

section 171c. of the indian penal code : 1 whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. 2 without prejudice to the generality of the provisions of subsection 1, whoeve a threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or b induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of subsection 1. 3 a declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

section 171d. of the indian penal code : whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election. 1 provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector. 1. the proviso ins. by act 24 of , s. 5 w.e.f. .

section 171f. of the indian penal code : whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.

section 171h. of the indian penal code : whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

section 171a. of the indian penal code : 1for the purposes of this chapter 2 a candidate means a person who has been nominated as a candidate at any election b electoral right means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 1. ins. by act 39 of , s. 2. 2. subs. by act 40 of , s. 9, for cl. a.

section 171b. of the indian penal code : 1 whoever i gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right or ii accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: provided that a declaration of public policy or a promise of public action shall not be an offence under this section. 2 a person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. 3 a person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

section 172. of the indian penal code : whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both or, if the summons or notice or order is to attend in person or by agent, or to 1 produce a document or an electronic record in a court of justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by act 21 of , s. 91 and the first sch., for produce a document in a court of justice w.e.f. .

section 171e. of the indian penal code : whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: provided that bribery by treating shall be punished with fine only. explanation.treating means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

section 174. of the indian penal code : whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both or, if the summons, notice, order or proclamation is to attend in person or by agent in a court of justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. illustrations a a, being legally bound to appear before the 1 high court at calcutta, in obedience to a subpoena issuing from that court, intentionally omits to appear. a has committed the offence defined in this section. b a, being legally bound to appear before a 2 district judge, as a witness, in obedience to a summons issued by that 1 district judge intentionally omits to appear. a has committed the offence defined in this section. 1. subs. by the a. o. , for supreme court. 2. subs. ibid., for zila judge.

section 171g. of the indian penal code : whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

section 171i. of the indian penal code : whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.

section 174a. of the indian penal code : 1whoever fails to appear at the specified place and the specified time as required by a proclamation published under subsection 1 of section 82 of the code of criminal procedure, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under subsection 4 of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. 1. ins. by act 25 of , s. 44 w.e.f. .

section 173. of the indian penal code : whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both or, if the summons, notice, order or proclamation is to attend in person or by agent, or 1 to produce a document or electronic record in a court of justice with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by act 21 of , s. 91 and the first sch., for to produce a document in a court of justice w.e.f. .

section 182. of the indian penal code : 1182. false information, with intent to cause public servant to use his lawful power to the injury of another person. whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant a to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or b to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. illustrations a a informs a magistrate that z, a policeofficer, subordinate to such magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the magistrate to dismiss z. a has committed the offence defined in this section. b a falsely informs a public servant that z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of zs premises, attended with annoyance to z. a has committed the offence defined in this section. c a falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. he does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. a has committed an offence under this section. 1. subs. by act 3 of , s. 1, for section 182.

section 178. of the indian penal code : whoever refuses to bind himself by an oath 1 or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. ins. by act 10 of , s. 15.

section 177. of the indian penal code : whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. illustrations a a, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. a is guilty of the offence defined in this section. b a, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of z, a wealthy merchant residing in a neighbouring place, and being bound under clause 5, section vii, 1regulation iii, , of the bengal code, to give early and punctual information of the above fact to the officer of the nearest policestation, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. here a is guilty of the offence defined in the latter part of this section. 2 explanation.in section 176 and in this section the word offence includes any act committed at any place out of 3 india, which, if committed in 156 india, would be punishable under any of the following following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460 and the word offender includes any person who is alleged to have been guilty of any such act. 1. rep. by act 17 of , s. vii and sch. 2. added by act 3 of , s. 5. 3. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 181. of the indian penal code : whoever, being legally bound by an oath 1 or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath 2 or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 183. of the indian penal code : whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 179. of the indian penal code : whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 184. of the indian penal code : whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

section 175. of the indian penal code : whoever, being legally bound to produce or deliver up any 2 document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both or, if the 1 document or electronic record is to be produced or delivered up to a court of justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. illustration a, being legally bound to produce a document before a 3 district courtic, intentionally omits to produce the same. a has committed the offence defined in this section. 1. ins. by act 25 of , s. 44 w.e.f. . 2. subs. by act 21 of , s. 91 and the first sch., for document w.e.f. . 3. subs. by the a.o. , for zila court.

section 186. of the indian penal code : whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 176. of the indian penal code : whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both 1or, if the notice or information required to be given is required by an order passed under subsection 1 of section 565 of the code of criminal procedure, 5 of , with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. added by act 22 of , s. 2.

section 187. of the indian penal code : whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a court of justice, or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 180. of the indian penal code : whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 190. of the indian penal code : whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 191. of the indian penal code : whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. explanation1.a statement is within the meaning of this section, whether it is made verbally or otherwise. explanation 2.a false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. illustrations a a, in support of a just claim which b has against z for one thousand rupees, falsely swears on a trial that he heard z admit the justice of bs claim. a has given false evidence. b a, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of z, when he does not believe it to be the handwriting of z. here a states that which he knows to be false, and therefore gives false evidence. c a, knowing the general character of zs handwriting, states that he believes a certain signature to be the handwriting of z a in good faith believing it to be so. here as statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of z, a has not given false evidence. d a, being bound by an oath to state the truth, states that he knows that z was at a particular place on a particular day, not knowing anything upon the subject. a gives false evidence whether z was at that place on the day named or not. e a, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. a has given false evidence.

section 185. of the indian penal code : whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

section 188. of the indian penal code : whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. explanation.it is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. it is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. illustration an order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. a knowingly disobeys the order, and thereby causes danger of riot. a has committed the offence defined in this section.

section 189. of the indian penal code : whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 192. of the indian penal code : whoever causes any circumstance to exist or 1makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said to fabricate false evidence. illustrations a a puts jewels into a box belonging to z, with the intention that they may be found in that box, and that this circumstance may cause z to be convicted of theft. a has fabricated false evidence. b a makes a false entry in his shopbook for the purpose of using it as corroborative evidence in a court of justice. a has fabricated false evidence. c a, with the intention of causing z to be convicted of a criminal conspiracy, writes a letter in imitation of zs handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. a has fabricated false evidence. 1. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. .

section 193. of the indian penal code : whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. explanation 1.a trial before a courtmartial1 is a judicial proceeding. explanation 2.an investigation directed by law preliminary to a proceeding before a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice. illustration a, in an enquiry before a magistrate for the purpose of ascertaining whether z ought to be committed for trial, makes on oath a statement which he knows to be false. as this enquiry is a stage of a judicial proceeding, a as given false evidence. explanation 3.an investigation directed by a court of justice according to law, and conducted under the authority of a court of justice, is a stage of a judicial proceeding, though that investigation may not take place before a court of justice. illustration a, in an enquiry before an officer deputed by a court of justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. as this enquiry is a stage of a judicial proceeding, a has given false evidence. 1. the words or before a military court of request rep. by act 13 of , s. 2 and sch.

section 194. of the indian penal code : whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 1 by the law for the time being in force in 2 india shall be punished with 3 imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine if innocent person be thereby convicted and executed.and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described. 1. subs. by the a.o. , for by the law of british india or england. 2. subs. by act 3 of , s. 3 and the sch., for the states. 3. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 195. of the indian penal code : whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which1 by the law for the time being in force in 2 india is not capital, but punishable with 3 imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. illustration a gives false evidence before a court of justice, intending thereby to cause z to be convicted of a dacoity. the punishment of dacoity is 4 imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. a, therefore, is liable to5 imprisonment for life or imprisonment, with or without fine. 1. subs. by the a.o. , for by the law of british india or england. 2. subs.by act 3 of , s. 3 and schedule, for the states. 3. subs. by act 26 of , s. 117 and schedule, for transportation for life w.e.f. . 4. subs. by s. 117 and the schedule, ibid., for transportation for life w.e.f. . 5. subs. by s. 117 and the schedule, ibid., for such transportation w.e.f. .

section 195a. of the indian penal code : 1whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced. 1. ins. by act 2 of , s. 2 w.e.f. .

section 197. of the indian penal code : whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

section 196. of the indian penal code : whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

section 198. of the indian penal code : whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

section 200. of the indian penal code : whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. explanation.a declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 and 200.

section 201.causing disappearance of evidence of offence, or giving false information, to screen offender of the indian penal code : whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, if a capital offence.shall, if the offence which he knows or believes to have been committed is punishable with death be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if punishable with imprisonment for life.and if the offence is punishable with 1 imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine if punishable with less than ten years imprisonment.and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. illustration a, knowing that b has murdered z, assists b to hide the body with the intention of screening b from punishment. a is liable to imprisonment of either description for seven years, and also to fine. 1. added by act 3 of , s. 6.

section 206. of the indian penal code : whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a court of justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

section 207. of the indian penal code : whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a court of justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a court of justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 199. of the indian penal code : whoever, in any declaration made or subscribed by him, which declaration any court of justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

section 202. of the indian penal code : whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 208. of the indian penal code : whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. illustration a institutes a suit against z. z, knowing that a is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of b, who has no just claim against him, in order that b, either on his own account or for the benefit of z, may share in the proceeds of any sale of zs property which may be made under as decree. z has committed an offence under this section.

section 209. of the indian penal code : whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a court of justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

section 204. of the indian penal code : whoever secretes or destroys any 1 document and electronic record which he may be lawfully compelled to produce as evidence in a court of justice, or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such 1 document or electronic record with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1. subs. by act 21 of , s. 91 and the first sch., for document w.e.f. .

section 203. of the indian penal code : whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1 explanation.in sections 201 and 202 and in this section the word offence includes any act committed at any place out of 2 india, which, if committed in 2 india, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460. 1. added by act 3 of , s. 6. 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 211. of the indian penal code : whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 1 imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. state amendments chhattisgarh. in section 211 of the indian penal code, hereinafter referred to as the penal code, the following proviso shall be inserted, namely: provided that, if such criminal proceeding be instituted on a false charge, of an offence punishable under section 354, section 354a, section 354b, section 354c, section 354d, section 354e, section 376b, section 376c, section 376f, section 509, section 509a or section 509b shall be punishable with imprisonment of either description which shall not be less than three years but which may extend to five years and shall also be liable to fine. vide chhattisgarh act 25 of , sec. 2. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f.

section 205. of the indian penal code : whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 216.harbouring offender who has escaped from custody of whose apprehension has been ordered of the indian penal code : whenever any person convicted of a charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if a capital offence.if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if punishable with imprisonment for life, or with imprisonment.if the offence is punishable with 1 imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to onefourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both. 2 offence in this section includes also any act or omission of which a person is alleged to have been guilty out of 3 india, which, if he had been guilty of it in 2 india, would have been punishable as an offence, and for which he is, under any law relating to extradition, 4 or otherwise, liable to be apprehended or detained in custody in 2 india, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 2india. exception.the provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. ins. by act 10 of , s. 23. 3. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 4. the words or under the fugitive offenders act, , omitted by act 3 of , s. 3 and the sch.

section 210. of the indian penal code : whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 215. of the indian penal code : whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 213., to screen an offender from punishment. of the indian penal code : whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, if a capital offence., shall if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if punishable with imprisonment for life, or with imprisonment. and if the offence is punishable with 1imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 1. ins. by act 3 of , s. 7.

section 212. of the indian penal code : whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment, if a capital offence.shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine if punishable with imprisonment for life, or with imprisonment.and if the offence is punishable with 1 imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to onefourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 2 offence in this section includes any act committed at any place out of 3 india, which, if committed in 4 india, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 4 india. exception.this provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. illustration a, knowing that b has committed dacoity, knowingly conceals b in order to screen him from legal punishment. here, as b is liable to 4 imprisonment for life, a is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. 2. ins. by act 3 of , s. 7. 3. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of s. 3 and the sch., to read as above. 4. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 214.offering gift or restoration of property in consideration of screening offender of the indian penal code : whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or 2 restores or causes the restoration of any property to any person, in consideration of that persons concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment, if a capital offence.shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine if punishable with imprisonment for life, or with imprisonment.and if the offence is punishable with 1 imprisonment for life or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to onefourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 3 exception.the provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded. 4 1. ins. by act 3 of , s. 7. 2. subs. by act 42 of , s. 4 and the third sch., for to restore or cause the restoration of. 3. subs. by act 8 of , s. 6, for the original exception. 4. illustrations rep. by act 10 of , s. 2 and the first sch.

section 216b. of the indian penal code : 1definition of harbour in sections 212, 216 and 216a. rep. by the indian penal code amendment act, 8 of , s. 3. 1. the words or under the fugitive offenders act, , omitted by act 3 of , s. 3 and the sch.

section 216a. of the indian penal code : 2216a. penalty for harbouring robbers or dacoits. whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. explanation. for the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without 1india. exception.this provision does not extend to the case in which the harbour is by the husband or wife of the offender. 1. ins. by act 10 of , s. 23. 2. ins. by act 3 of , s. 8.

section 221. of the indian penal code : whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say: with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1imprisonment for life or imprisonment for a term which may extend to ten years or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 223. of the indian penal code : whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 1 or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 1. ins. by act 27 of , s. 8.

section 217. of the indian penal code : whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 218. of the indian penal code : whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 224. of the indian penal code : whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. explanation.the punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

section 225. of the indian penal code : whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 2 imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine or, if the person to be apprehended, or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a court of justice, or by virtue of a commutation of such a sentence, to 1 imprisonment for life, 3 4 5 or imprisonment, for a term of ten years, or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1 imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 1. the words or to omitted by act 36 of , s. 3 and the second sch. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 3. the words or to omitted by act 36 of , s. 3 and the second sch. 4. the word transportation omitted by act 26 of , s. 117 and the sch. w.e.f. . 5. the words penal servitude omitted by act 17 of , s. 2 w.e.f. .

section 219. , contrary to law. of the indian penal code : whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 220. of the indian penal code : whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 222. of the indian penal code : whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a court of justice for any offence 2 or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say: with 1 imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a court of justice, or by virtue of a commutation of such sentence, to 3 imprisonment for life 3 4 5 6 or imprisonment for a term of ten years, or upwards or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended is subject by a sentence of a court of justice, to imprisonment for a term not extending to ten years 4 or if the person was lawfully committed to custody. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. ins. by act 27 of , s. 8. 3. the words or penal servitude for life omitted by act 17 of , s. 2 w.e.f. . 4. the words or to omitted by act 36 of , s. 3 and the second sch. 5. the word transportation omitted by act 26 of , s. 117 and the sch. w.e.f. . 6. the words or penal servitude omitted by act 17 of , s. 2 w.e.f. .

section 225a. of the indian penal code : 1whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished a if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both and b if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both. 1. subs. by act 10 of , s. 241, for section 225a which had been ins. by act 27 of , s. 9.

section 225b. of the indian penal code : whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 230. of the indian penal code : 1coin is metal used for the time being as money, and stamped and issued by the authority of some state or sovereign power in order to be so used. 2indian coin. indian coin is metal stamped and issued by the authority of the government of india in order to be used as money and metal which has been so stamped and issued shall continue to be indian coin for the purposes of this chapter, notwithstanding that it may have ceased to be used as money. illustrations a cowries are not coin. b lumps of unstamped copper, though used as money, are not coin. c medals are not coin, inasmuch as they are not intended to be used as money. d the coin denominated as the companys rupee is 3 indian coin. 4 e the farukhabad rupee, which was formerly used as money under the authority of the government of india, is 5 indian coin although it is no longer so used. 1. subs. by act 19 of , s. 1, for the first paragraph. 2. subs. by the a. o. , for the second paragraph. 3. subs., ibid., for the queens coin. 4. added by act 6 of , s. 12. 5. subs. by the a. o. , for queens coin.

section 231. of the indian penal code : whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. explanation.a person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.

section 228. of the indian penal code : whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 227. of the indian penal code : whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.

section 232. of the indian penal code : whoever counterfeits, or knowingly performs any part of the process of counterfeiting 1 indian coin, shall be punished with 2 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs., ibid., for the queens coin. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 226. of the indian penal code : unlawful return from transportation. rep. by the code of criminal procedure amendment act, 26 of , s. 117 and the sch w.e.f. .

section 234. of the indian penal code : whoever makes or mends, or performs any part of the process of making or mending or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 1 indian coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by the a. o. , for the queens coin.

section 229. of the indian penal code : whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 229a. of the indian penal code : 1229a. failure by person released on bail or bond to appear in court. whoever having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause the burden of proving which shall lie upon him, to appear in court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. explanation.the punishment under this section is a in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged and b without prejudice to the power of the court to order forfeiture of the bond. 1. ins. by act 25 of , s. 44 w.e.f. .

section 228a. of the indian penal code : 1228a. disclosure of identity of the victim of certain offences, etc.1 whoever prints or publishes the name or any matter which may make known the identity of any person against whom an 2offence under section 376, 3section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e is alleged or found to have been committed hereafter in this section referred to as the victim shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. 2 nothing in subsection 1 extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication a by or under the order in writing of the officerincharge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation or b by, or with the authorisation in writing of, the victim or c where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. explanation.for the purposes of this subsection, recognised welfare institution or organisation means a social welfare institution or organisationrecognised in this behalf by the central or state government. 3 whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in subsection 1 without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. explanation.the printing or publication of the judgment of any high court or the supreme court does not amount to an offence within the meaning of this section.. state amendment arunachal pradesh. amendment of section 228a.in section 228a of the penal code, in subsection 1, for the words, figure and letters offence under section 376, section 376a, section 376b, section 376c or section 376d or section 376e the words, figure and letters offence under section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da or section 376e shall be substituted. vide arunachal pradesh act 3 of , s. 4. 1. ins. by act 43 of , s. 2. 2. subs. by act 13 of , s. 4, for offence under section 376, section 376a, section 376b, section 376c or section 376d w.e.f. . 3. subs. by act 22 of , s. 3, for section 376a, section 376b, section 376c, section 376d w.e.f. .

section 235. of the indian penal code : whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine if indian coin.and if the coin to be counterfeited is 1 indian coin, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by the a. o. , for the queens coin.

section 237. of the indian penal code : whoever imports into 1 india, or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 240. of the indian penal code : whoever, having any counterfeit coin which is a counterfeit of 1 indian coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of 1 indian coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by the a. o. , for the queens coin.

section 233. of the indian penal code : whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extended to three years, and shall also be liable to fine.

section 236. of the indian penal code : whoever, being within 1 india abets the counterfeiting of coin out of 1 india shall be punished in the same manner as if he abetted the counterfeiting of such coin within 1 india. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 242. of the indian penal code : whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 243. of the indian penal code : whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of 1 indian coin, having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by the a. o. , for the queens coin.

section 244. of the indian penal code : whoever, being employed in any mint lawfully established in 1 india, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 238. of the indian penal code : whoever imports into 2 india, or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 1 indian coin, shall be punished with 3 imprisonment for life, or with imprisonment of either description description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by the a. o. , for the queens coin. 2. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 3. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 245. of the indian penal code : whoever, without lawful authority, takes out of any mint, lawfully established in 1 india, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 239. of the indian penal code : whoever, having any counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

section 246. of the indian penal code : whoever, fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. explanation.a person who scoops out part of the coin and puts anything else into the cavity alters the composition of the coin.

section 247. of the indian penal code : whoever fraudulently or dishonestly performs on 1 any indian coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by the a. o. , for any of the queens coin.

section 248. of the indian penal code : whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 241. of the indian penal code : whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both./b illustration a, a coiner, delivers counterfeit companys rupees to his accomplice b, for the purpose of uttering them. b sells the rupees to c, another utterer, who buys them knowing them to be counterfeit. c pays away the rupees for goods to d, who receives them, not knowing them to be counterfeit. d, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. here d is punishable only under this section, but b and c are punishable under section 239 or 240, as the case may be.

section 250. of the indian penal code : whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

section 249. of the indian penal code : whoever performs on 1 any indian coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by the a. o. , for any of the queens coin.

section 256. of the indian penal code : whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 257. of the indian penal code : whoever makes or performs any part of the process of making, or buys, or sells, or disposes or, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 251. of the indian penal code : whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 252. of the indian penal code : whoever fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 259. of the indian penal code : whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 254. of the indian penal code : whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

section 253. of the indian penal code : whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

section 261. of the indian penal code : whoever, fraudulently or with intent to cause loss to the government, removes or effaces from any substance, bearing any stamp issued by government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 258. of the indian penal code : whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 263a. of the indian penal code : 1263a. prohibition of fictitious stamps.1 whoever a makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or b has in his possession, without lawful excuse, any fictitious stamp, or c makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees. 2 any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp 2may be seized and, if seized shall be forfeited. 3 in this section fictitious stamp means any stamp falsely purporting to be issued by government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by government for that purpose. 4 in this section and also in sections 255 to 263, both inclusive, the word government, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive government in any part of india, and also in any part of her majestys dominions or in any foreign country. 1. added by act 3 of , s. 2. 2. subs. by act 42 of , s. 4 and the third sch., for may be seized and.

section 260. of the indian penal code : whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 255. of the indian penal code : whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by government for the purpose of revenue shall be punished with 2 imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. explanation.a person commits this offence who counterfeits by causing a genuine stamps of one denomination to appear like a genuine stamp of a different denomination. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 264. of the indian penal code : whoever, fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 266. of the indian penal code : whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, 1 intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1. the word and omitted by act 42 of , s. 4 and the third sch.

section 263. of the indian penal code : whoever, fraudulently or with intent to cause loss to government, erases or removes from a stamp issued by government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 265. of the indian penal code : whoever, fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 262. of the indian penal code : whoever, fraudulently or with intent to cause loss to the government, uses for any purpose a stamp issued by government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 274. of the indian penal code : whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 267. of the indian penal code : whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 273. of the indian penal code : whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 269. of the indian penal code : whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

section 271. of the indian penal code : whoever knowingly disobeys any rule made and promulgated 1 by the 2 government 3 for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 1. subs. by the a. o. , for by the g. of i., or by any government. 2. the words central or any provincial omitted by the a. o. . 3. the words or the crown representative omitted by the a. o. .

section 272. of the indian penal code : whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 275. of the indian penal code : whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 268. of the indian penal code : a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. a common nuisance is not excused on the ground that it causes some convenience or advantage.

section 270. of the indian penal code : whoever malignantly does any act which is, and which he knows or has reason the believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 276. of the indian penal code : whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 283. of the indian penal code : whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished, with fine which may extend to two hundred rupees.

section 277. of the indian penal code : whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 279. of the indian penal code : whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 278. of the indian penal code : whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

section 281. of the indian penal code : whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 280. of the indian penal code : whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 282. of the indian penal code : whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 284. of the indian penal code : whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 285. of the indian penal code : whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 286. of the indian penal code : whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 291. of the indian penal code : whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

section 292., of obscene books, etc. of the indian penal code : 1292. sale, etc., of obscene books, etc. 21 for the purposes of subsection 2, a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or where it comprises two or more distinct items the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. 3 2 whoever a sells, lets to hire, distributes, publicity exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or b imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or c takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or d advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or e offers or attempts to do any act which is an offence under this section, shall be punished 4on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees. 5exception.this section does not extend to a any book, pamphlet, paper, writing, drawing, painting, representation or figure i the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or ii which is kept or used bona fide for religious purposes b any representation sculptured, engraved, painted or otherwise represented on or in i any ancient monument within the meaning of the ancient monuments and archaeological sites and remains act, 24 of , or ii any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. state amendment orissa amendment of section 292 45 of .in section 292 of the indian penal code hereinafter act referred to as the said code, for the words which may extend to three months the words which may extend to two years shall be substituted and the following proviso shall be inserted before the exception, namely: provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine. vide orissa act 13 of , s. 2 insertion of new section 292a in act 45 of . after section 292 of the said code, the following new section shall be inserted, namely: 292a.printing, etc., of grossly indecent or scurrilous matter or matter intended for black mail.whoever a prints or causes to be printed in any newspaper, periodical or circular or exhibits or causes to be exhibited to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or is scurrilous or intended for blackmail or b sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail or c conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire, distributed or publicly exhibited or in any manner put into circulation or d takes part in or receives profits from, any business in the course of which he knows or has reason to believe that any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased or e advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail can be procured from or through any person or f offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both: provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine. explanation i for the purpose of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person: provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of i a public servant in the discharge of his public functions or respecting his character, so far as his character appears in that conduct and no further or ii any person touching any public question and respecting his character, so far as his character appears in that conduct and no further. explanation ii in deciding whether any person has committed an offence under this section, the court shall have regard, inter alia, to the following considerations, namely: a the good character of the person charged, and where relevant, the nature of his business b the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail c any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section. vide orissa act 13 of , s. 3 1. subs. by act 8 of , s. 2, for s. 292. 2. ins. by act 36 of , s. 2. 3. s. 292 renumbered as subsection 2 thereof by s. 2, ibid. 4. subs. s. 2, ibid., for certain words. 5.. subs. by s. 2, ibid., for exception.

section 287. of the indian penal code : whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 288. of the indian penal code : whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 290. of the indian penal code : whoever commits a public nuisance in any case not otherwise punishable by this code, shall be punished with fine which may extend to two hundred rupees.

section 289. of the indian penal code : whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. state amendments himachal pradesh. after section 289 of the indian penal code, in its application to the state of himachal pradesh, the following section shall be added, namely: 289a. feeding of monkeys in public place.whoever throws eatables in public place, other than those notified by the state government in the official gazette, and thereby entice monkeys to assemble at such place fro taking eatables which result in causing danger to human life or to be likely to cause injury or annoyance to the public or to the people in general or to cause hindrance in smooth running of vehicular traffic, shall be punished with imprisonment of either description for a term which may extend to one month or with fine which may extend to one thousand rupees or with both. vide himachal pradesh act 15 of , sec. 2

section 293., of obscene objects to young person. of the indian penal code : 2293. sale, etc., of obscene objects to young person. whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 1on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees. state amendment orissa amendment of section 293.in section 293 of the said code i for the words any such obscene object as is referred to in the last preceding section, the words, figures and letter any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292a shall be substituted ii for the words which may extend to six months, the words which may extend to three years shall be substituted iii in the marginal note, after the words obscene objects the words and grossly indecent or scurrilous matter or matter intended for blackmail, shall be inserted. vide orissa act 13 of , s. 4 1. subs. by act 8 of , s. 2, for s. 292. 2. subs. by act 8 of , s. 2, for section 293.

section 295. of the indian penal code : injuring or defiling place of worship, with intent to insult the religion of any class. whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 294. of the indian penal code : 1294. obscene acts and songs. whoever, to the annoyance of others, a does any obscene act in any public place, or b sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. 1. subs. by act 3 of , s. 3, for section 294.

section 294a. of the indian penal code : 1294a. keeping lottery office. whoever keeps any office or place for the purpose of drawing any lottery 2not being 3a state lottery or a lottery authorised by the 4state government, shall be punished punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. and whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees. 1. ins. by act 27 of , s. 10. 2. subs. by the a. o. , for not authorized by government. 3. subs. by act 3 of , s. 3 and the sch., for a lottery organized by the central government or the government of a part a state or a part b state. 4. subs. by the a. o. , for provincial.

section 298., with deliberate intent to wound the religious feelings. of the indian penal code : whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 301. of the indian penal code : if a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to he likely to cause.

section 295a. of the indian penal code : 1whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2 citizens of india, 3 by words, either spoken or written, or or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4 three years, or with fine, or with both. 1. ins. by act 25 of , s. 2. 2. subs. by the a. o. , for his majestys subjects. 3. subs. by act 41 of , s. 3, for certain words. 4. subs. by s. 3, ibid., for two years.

section 296. of the indian penal code : whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 297. of the indian penal code : whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 300. of the indian penal code : except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or 2ndly.if it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or 3rdly.if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or 4thly.if the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. illustrations a a shoots z with the intention of killing him. z dies in consequence. a commits murder. b a, knowing that z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. z dies in consequence of the blow. a is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. but if a, not knowing that z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here a, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. c a intentionally gives z a swordcut or clubwound sufficient to cause the death of a man in the ordinary course of nature. z dies in consequence. here a is guilty of murder, although he may not have intended to cause zs death. d a without any excuse fires a loaded cannon into a crowd of persons and kills one of them. a is guilty of murder, although he may not have had a premeditated design to kill any particular individual. exception 1.when culpable homicide is not murder.culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. the above exception is subject to the following provisos: first.that the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. secondly.that the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. thirdly.that the provocation is not given by anything done in the lawful exercise of the right of private defence. explanation.whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. illustrations a a, under the influence of passion excited by a provocation given by z, intentionally kills y, zs child. this is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. b y gives grave and sudden provocation to a. a, on this provocation, fires a pistol at y, neither intending nor knowing himself to be likely to kill z, who is near him, but out of sight. a kills z. here a has not committed murder, but merely culpable homicide. c a is lawfully arrested by z, a bailiff. a is excited to sudden and violent passion by the arrest, and kills z. this is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers. d a appears as a witness before z, a magistrate. z says that he does not believe a word of as deposition, and that a has perjured himself. a is moved to sudden passion by these words, and kills z. this is murder. ea attempts to pull zs nose. z, in the exercise of the right of private defence, lays hold of a to prevent him from doing so. a is moved to sudden and violent passion in consequence, and kills z. this is murder, inasmuch as the provocation was giving by a thing done in the exercise of the right of private defence. f z strikes b. b is by this provocation excited to violent rage. a, a bystander, intending to take advantage of bs rage, and to cause him to kill z, puts a knife into bs hand for that purpose. b kills z with the knife. here b may have committed only culpable homicide, but a is guilty of murder. exception 2.culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. illustration z attempts to horsewhip a, not in such a manner as to cause grievous hurt to a. a draws out a pistol. z persists in the assault. a believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots z dead. a has not committed murder, but only culpable homicide. exception 3.culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. exception 4.culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. explanation.it is immaterial in such cases which party offers the provocation or commits the first assault. exception 5.culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. illustration a, by instigation, voluntarily causes z, a person under eighteen years of age to commit suicide. here, on account of zs youth, he was incapable of giving consent to his own death a has therefore abetted murder.

section 299. of the indian penal code : whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. illustrations a a lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. z, believing the ground to be firm, treads on it, falls in and is killed. a has committed the offence of culpable homicide. b a knows z to be behind a bush. b does not know it. a, intending to cause, or knowing it to be likely to cause zs death, induces b to fire at the bush. b fires and kills z. here b may be guilty of no offence but a has committed the offence of culpable homicide. c a, by shooting at a fowl with intent to kill and steal it, kills b, who is behind a bush a not knowing that he was there. here, although a was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill b, or to cause death by doing an act that he knew was likely to cause death. explanation 1.a person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. explanation 2.where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. explanation 3.the causing of the death of a child in the mothers womb is not homicide. but it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

section 304b. of the indian penal code : 1304b. dowry death. 1 where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. explanation.for the purposes of this subsection, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 28 of . 2 whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 1. ins. by act 43 of , s. 10 w.e.f. .

section 302. of the indian penal code : whoever commits murder shall be punished with death or 1 imprisonment for life, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 306. of the indian penal code : if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 304. of the indian penal code : whoever commits culpable homicide not amounting to murder, shall be punished with 1 imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 303. of the indian penal code : whoever, being under sentence of 1 imprisonment for life, commits murder, shall be punished with death. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 308. of the indian penal code : whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. illustration a, on grave and sudden provocation, fires a pistol at z, under such circumstances that if he there by caused death he would be guilty of culpable homicide not amounting to murder. a has committed the offence defined in this section.

section 304a. of the indian penal code : 1304a. causing death by negligence.whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. state amendments himachal pradesh. after section 304 a of the indian penal code, , in its application to the state of himachal pradesh, the following section shall be added, namely: 304aa. causing death or injury by driving a public service vehicle while in a state of intoxication.whoever, while in a state of intoxication, drives or attempts to drive a public service vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, as if the act by which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause death or cause such bodily injury as is likely to cause death. explanation. public service vehicle means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage. vide himachal pradesh act 19 of , sec. 2. in section 304aa of the indian penal code, , in its application to the state of himachal pradesh, a for the words a public service vehicle where ever these occur, the words any vehicle shall be substituted and b the explanation shall be omitted. vide himachal pradesh act 7 of , sec. 2. 1. ins. by act 27 of , s. 12.

section 305. of the indian penal code : if any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 1 imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 307. of the indian penal code : whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if hurt is caused to any person by such act, the offender shall be liable either to 1imprisonment for life, or to such punishment as is hereinbefore mentioned. attempts by lifeconvicts. 2when any person offending under this section is under sentence of 2imprisonment for life, he may, if hurt is caused, be punished with death. illustrations a a shoots at z with intention to kill him, under such circumstances that, if death ensued a would be guilty of murder. a is liable to punishment under this section. b a, with the intention of causing the death of a child of tender years, exposes it in a desert place a has committed the offence defined by this section, though the death of the child does not ensue. c a, intending to murder z, buys a gun and loads it. a has not yet committed the offence. a fires the gun at z. he has committed the offence defined in this section, and, if by such firing he wounds z, he is liable to the punishment provided by the latter part of 3the first paragraph of this section. d a, intending to murder z by poison, purchases poison and mixes the same with food which remains in as keeping a has not yet committed the offence defined in this section. a places the food on zs table or delivers it to zs servants to place it on zs table. a has committed the offence defined in this section. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 2. added by act 27 of , s. 11. 3. ins. by act 12 of , s. 2 and the second sch.

section 312. of the indian penal code : whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. explanation.a woman who causes herself to miscarry, is within the meaning of this section.

section 309. of the indian penal code : whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year 1 or with fine, or with both. 1. subs. by act 8 of , s. 7, for and shall also be liable to fine.

section 310. of the indian penal code : whoever, at any time after the passing of this act, shall have been habitually associated with any other or others for the purpose of committing robbery or childstealing by means of or accompanied with murder, is a thug.

section 315. of the indian penal code : whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

section 318. of the indian penal code : whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 313. of the indian penal code : whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 311. of the indian penal code : whoever is a thug, shall be punished with 1 imprisonment for life, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 314. of the indian penal code : whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine if act done without womans consent.and if the act is done without the consent of the woman, shall be punished either with 1 imprisonment for life, or with the punishment above mentioned. explanation.it is not essential to this offence that the offender should know that the act is likely to cause death. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 321. of the indian penal code : whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt.

section 316. of the indian penal code : whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. illustration a, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. the woman is injured, but does not die but the death of an unborn quick child with which she is pregnant is thereby caused. a is guilty of the offence defined in this section.

section 319. of the indian penal code : whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

section 317. of the indian penal code : whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. explanation.this section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

section 323. of the indian penal code : whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 320. of the indian penal code : the following kinds of hurt only are designated as grievous: first.emasculation. secondly.permanent privation of the sight of either eye. thirdly.permanent privation of the hearing of either ear. fourthly.privation of any member or joint. fifthly.destruction or permanent impairing of the powers of any member or joint. sixthly.permanent disfiguration of the head or face. seventhly.fracture or dislocation of a bone or tooth. eighthly.any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

section 322. of the indian penal code : whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt. explanation.a person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. but he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. illustration a, intending of knowing himself to be likely permanently to disfigure zs face, gives z a blow which does not permanently disfigure zs face, but which causes z to suffer severe bodily pain for the space of twenty days. a has voluntarily caused grievous hurt.

section 328., with intent to commit an offence. of the indian penal code : whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 329. of the indian penal code : whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with 1 imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 325. of the indian penal code : whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 324. of the indian penal code : whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 326a. of the indian penal code : 1326a. voluntarily causing grievous hurt by use of acid, etc. whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: provided further that any fine imposed under this section shall be paid to the victim. 1. ins. by act 13 of , s. 5 w.e.f. .

section 326b. of the indian penal code : whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. explanation 1.for the purposes of section 326a and this section, acid includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. explanation 2.for the purposes of section 326a and this section, permanent or partial damage or deformity shall not be required to be irreversible.

section 332. of the indian penal code : whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. state amendment maharashtra. amendment of section 332 of 45 of .in section 332 of the indian penal code, , in its application to the state of maharashtra hereinafter, in this chapter, referred to as the said code, for the words three years the words five years shall be substituted. vide maharashtra act 50 of , sec. 2

section 333. of the indian penal code : whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 334. of the indian penal code : whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

section 326. of the indian penal code : whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 327. of the indian penal code : whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 330. of the indian penal code : whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. illustrations a a, a policeofficer, tortures z in order to induce z to confess that he committed a crime. a is guilty of an offence under this section. b a, a policeofficer, tortures b to induce him to point out where certain stolen property is deposited. a is guilty of an offence under this section. c a, a revenue officer, tortures z in order to compel him to pay certain arrears of revenue due from z. a is guilty of an offence under this section. d a, a zamindar, tortures a raiyat in order to compel him to pay his rent. a is guilty of an offence under this section.

section 336. of the indian penal code : whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both.

section 331. of the indian penal code : whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 335. of the indian penal code : whoever 1 voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both. explanation.the last two sections are subject to the same provisos as exception 1, section 300. 1. ins. by act 8 of , s. 8.

section 341. of the indian penal code : whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

section 337. of the indian penal code : whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 338. of the indian penal code : whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

section 343. of the indian penal code : whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 344. of the indian penal code : whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 340. of the indian penal code : whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said wrongfully to confine that person. illustrations a a causes z to go within a walled space, and locks z in z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. a wrongfully confines z. b a places men with firearms at the outlets of a building, and tells z that they will fire at z if z attempts leave the building. a wrongfully confines z.

section 348. of the indian penal code : whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 339. of the indian penal code : whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. exception.the obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. illustration a obstructs a path along which z has a right to pass, a not believing in good faith that he has a right to stop the path. z is thereby prevented from passing. a wrongfully restrains z.

section 350. of the indian penal code : whoever intentionally uses force to any person, without that persons consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. illustrations a z is sitting in a moored boat on a river. a unfastens the moorings, and thus intentionally causes the boat to drift down the stream. here a intentionally causes motion to z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any persons part. a has therefore intentionally used force to z and if he has done so without zs consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to z, a has used criminal force to z. b z is riding in a chariot. a lashes zs horses, and thereby causes them to quicken their pace. here a has caused change of motion to z by inducing the animals to change their motion. a has therefore used force to z and if a has done this without zs consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy z, a has used criminal force to z. c z is riding in a palanquin. a, intending to rob z, seizes the pole and stops the palanquin. here a has caused cessation of motion to z, and he has done this by his own bodily power. a has therefore used force to z and as a has acted thus intentionally, without zs consent, in order to the commission of an offence. a has used criminal force to z. d a intentionally pushes against z in the street. here a has by his own bodily power moved his own person so as to bring it into contact with z. he has therefore intentionally used force to z and if he has done so without zs consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy z, he has used criminal force to z. e a throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with z, or with zs clothes, or with something carried by z, or that it will strike water and dash up the water against zs clothes or something carried by z. here, if the throwing of the stone produce the effect of causing any substance to come into contact with z, or zs clothes, a has used force to z, and if he did so without zs consent, intending thereby to injure, frighten or annoy z, he has used criminal force to z. f a intentionally pulls up a womans veil. here a intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. g z is bathing. a pours into the bath water which he knows to be boiling. here a intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with z, or with other water so situated that such contact must affect zs sense of feeling a has therefore intentionally used force to z and if he has done this without zs consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to z, a has used criminal force. h a incites a dog to spring upon z, without zs consent. here, if a intends to cause injury, fear or annoyance to z, he uses criminal force to z.

section 342. of the indian penal code : whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 345. of the indian penal code : whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this chapter.

section 351. of the indian penal code : whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. explanation.mere words do not amount to an assault. but the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. illustrations a a shakes his fist at z, intending or knowing it to be likely that he may thereby cause z to believe that a is about to strike z. a has committed an assault. b a begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause z to believe that he is about to cause the dog to attack z. a has committed an assault upon z. c a takes up a stick, saying to z, i will give you a beating. here, though the words used by a could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault,the gesture explained by the words may amount to an assault.

section 347. of the indian penal code : whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 346. of the indian penal code : whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.

section 349. of the indian penal code : a person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that others body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that others sense of feeling: provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: first.by his own bodily power. secondly.by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. thirdly.by inducing any animal to move, to change its motion, or to cease to move.

section 354c. of the indian penal code : 1354c. voyeurism.any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. explanation 1for the purpose of this section, private act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victims genitals, posterior or breasts are exposed or covered only in underwear or the victim is using a lavatory or the victim is doing a sexual act that is not of a kind ordinarily done in public. explanation 2.where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. 1. ins. by act 13 of , s. 7 w.e.f.

section 352. of the indian penal code : whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. explanation.grave and sudden provocation will not mitigate the punishment for an offence under this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defence. whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.

section 355. of the indian penal code : whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 353. of the indian penal code : whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. state amendment maharashtra. amendment of section 353 of 45 of .in section 353 of the said code, for the words two years the words five years shall be substituted. vide maharashtra act 40 of , sec. 3

section 354. of the indian penal code : whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, 1 shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. state amendment chhattisgarh. in section 354 of the penal code, the following proviso shall be inserted, namely: provided that where offence is committed, under this section by a relative, guardian or teacher or a person in a position of trust or authority towards the person assaulted, he shall be punishable with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine. vide chhattisgarh act 25 of , sec. 3 1. subs. by act 13 of , s. 6, for shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both w.e.f. .

section 354a. of the indian penal code : 1354a. sexual harassment and punishment for sexual harassment1 aman committing any of the following acts i physical contact and advances involving unwelcome and explicit sexual overtures or ii a demand or request for sexual favours or iii showing pornography against the will of a woman or iv making sexually coloured remarks, shall be guilty of the offence of sexual harassment. 2 any man who commits the offence specified in clause i or clause ii or clause iii of subsection 1 shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. 3 any man who commits the offence specified in clause iv of subsection 1 shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1. ins. by act 13 of , s. 7 w.e.f.

section 356. of the indian penal code : whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 354b. of the indian penal code : 1354b. assault or use of criminal force to woman with intent to disrobe.any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 1. ins. by act 13 of , s. 7 w.e.f.

section 354d. of the indian penal code : 1354d. stalking.1 any man who i follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman or ii monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking: provided that such conduct shall not amount to stalking if the man who pursued it proves that i it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state or ii it was pursued under any law or to comply with any condition or requirement imposed by any person under any law or iii in the particular circumstances such conduct was reasonable and justified. 2 whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. state amendments chhattisgarh. after section 354d of the penal code, the following shall be inserted, namely: 354e. liability person present who fails to prevent the commission of offence under section 354, 354a, 354b, 354c, 354d. whoever, being present at the time of commission of an offence under section 354, section 354a, section 354b, section 354c or section 354d and being able to prevent such offence, fails to prevent the commission of such offence or not being in position to prevent the commission of such offence, fails to give information of the commission of such offence to the nearest magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable for abetment of such offence and shall be punished with imprisonment of either description which may extend to three years or with fine or with both. vide chhattisgarh act 25 of , sec. 3. state amendment jammu and kashmir and ladakh uts. after section 354d, insert the following section, namely: 354e. sextortion.1 whoever, a being in a position of authority or b being in a fiduciary relationship or c being a public servant, abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from any woman in exchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion. explanation.for the purpose of this section, sexual favour shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private body parts to sexual intercourse, including exposure over the electronic mode of communication. 2 any person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine. ins. by the jammu and kashmir reorganization adaptation of central laws order, ,vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . arunachal pradesh. amendment of section 354.in section 354 of the principal act, for the words shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine the words shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine shall be substituted. vide arunachal pradesh act 3 of , s. 5 amendment of section 354b.in section 354b of the principal act, for the words shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine the words shall be punished on first conviction with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine and be punished on a second or subsequent convicting with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years with fine which shall not be less than one lakh rupees shall be substituted. vide arunachal pradesh act 3 of , s. 6 amendment of section 354d.in section 354d of the principal act, for subsection 2, the following subsection shall be substituted, namely: 2 whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and shall also be liable to fine and be punished on a second or subsequent conviction with imprisonment or either description for a term which shall not be less than three years but which may extend to seven years and with fine which shall not be less than one lakh rupees: provided that the count may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of lesser period of imprisonment than specified minimum imprisonment.. vide arunachal pradesh act 3 of , s.7 1. ins. by act 13 of , s. 7 w.e.f. .

section 363a. of the indian penal code : 11 whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 2 whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. 3 where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. 4 in this section, a begging means i soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise ii entering on any private premises for the purpose of soliciting or receiving alms iii exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal iv using a minor as an exhibit for the purpose of soliciting or receiving alms b minor means i in the case of a male, a person under sixteen years of age and ii in the case of a female, a person under eighteen years of age. 1. ins. by act 52 of , s. 2 w.e.f. .

section 357. of the indian penal code : whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 363. of the indian penal code : whoever kidnaps any person from 1 india or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above

section 359. of the indian penal code : kidnapping is of two kinds: kidnapping from 1 india, and kidnapping from lawful guardianship. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 360. of the indian penal code : whoever conveys any person beyond the limits of 1 india without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from 1 india. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 364. of the indian penal code : whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 2 imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. iiiustrations a a kidnaps z from 1 india, intending or knowing it to be likely that z may be sacrificed to an idol. a has committed the offence defined in this section. b a forcibly carries or entices b away from his home in order that b may be murdered. a has committed the offence defined in this section 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f.

section 364a. of the indian penal code : 1whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the government or 2 any foreign state or international intergovernmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. 1. ins. by act 42 of , s. 2. 2. subs. by act 24 of , s. 2, for any other person.

section 358. of the indian penal code : whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. explanation.the last section is subject to the same explanation as section 352.

section 361. of the indian penal code : whoever takes or entices any minor under 1sixteen years of age if a male, or under 2eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. explanation.the words lawful guardian in this section include any person lawfully entrusted with the care or custody of such minor or other person. exception.this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. 1. subs. by act 42 of , s. 2, for fourteen. 2. subs. by s. 2, ibid., for sixteen.

section 365. of the indian penal code : whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 366a. of the indian penal code : 1366a. procuration of minor girl. whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. 1. ins. by s. 3, ibid.

section 362. of the indian penal code : whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

section 366. of the indian penal code : whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine 1 and whoever, by means of criminal intimidation as defined in this code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. 1. added by act 20 of , s. 2.

section 367. of the indian penal code : whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 366b. of the indian penal code : whoever imports into 1 india from any country outside india 2 or from the state of jammu and kashmir any girl under the age of twentyone years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 3 shall be punishable with imprisonment which may extend to ten years and shall shall also be liable to fine. 1. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above. 2. ins. by act 3 of , s. 3 and the sch. 3. certain words omitted by s. 3 and the sch., ibid.

section 373. of the indian penal code : whoever buys, hires or otherwise obtains possession of any 1 person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 2 explanation i.any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. explanation ii.illicit intercourse has the same meaning as in section 372. 1. subs. by s. 2, ibid., for certain words. 2. added by s. 4, ibid.

section 374. of the indian penal code : whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 369. of the indian penal code : whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 370. of the indian penal code : 1370. trafficking of person. 1 whoever, for the purpose of exploitation, a recruits, b transports, c harbours, d transfers, or e receives, a person or persons, by first.using threats, or secondly.using force, or any other form of coercion, or thirdly.by abduction, or fourthly.by practising fraud, or deception, or fifthly.by abuse of power, or sixthly. by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe person recruited, transported, harboured, transferred or received, commits the offence of trafficking. explanation 1.the expression exploitation shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. explanation 2.the consent of the victim is immaterial in determination of the offence of trafficking. 2whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. 3 where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. 4 where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. 5 where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. 6 if a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. 7 when a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. 1. subs. by act 13 of , s. 8, for section 370 w.e.f. .

section 368. of the indian penal code : whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

section 375. of the indian penal code : 12375. rape. a man is said to commit rape if he a penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person or b inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person or c manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person or d applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions: first.against her will. secondly.without her consent. thirdly.with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. fourthly.with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. fifthly.with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. sixthly.with or without her consent, when she is under eighteen years of age. seventhly.when she is unable to communicate consent. explanation 1.for the purposes of this section, vagina shall also include labia majora. explanation 2.consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act: provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. exception 1.a medical procedure or intervention shall not constitute rape. exception 2.sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape 1. subs. by act 43 of , s. 3, for the heading of rape and ss. 375 and 376. 2. subs. by act 13 of , s. 9, for sections 375, 376, 376a, 376b, 376c and 376d w.e.f. .

section 371. of the indian penal code : whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life.

section 370a. of the indian penal code : 1 whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine. 2 whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.

section 372. of the indian penal code : whoever sells, lets to hire, or otherwise disposes of any 1 person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 2explanation i.when a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. explanation ii.for the purposes of this section illicit intercourse means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasimarital relation. 1. subs. by act 18 of , s. 2, for certain words.hr2 2. added by act 18 of , s. 3

section 376ab. of the indian penal code : 1376ab. punishment for rape on woman under twelve years of age. whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine or with death: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this section shall be paid to the victim. 1. ins. by s. 5, ibid., w.e.f. .

section 376. of the indian penal code : 1 whoever, except in the cases provided for in subsection 2, commits rape, shall be punished with rigorous imprisonment of either description for a term which 1 shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. 2 whoever, a being a police officer, commits rape i within the limits of the police station to which such police officer is appointed or ii in the premises of any station house or iii on a woman in such police officers custody or in the custody of a police officer subordinate to such police officer or b being a public servant, commits rape on a woman in such public servants custody or in the custody of a public servant subordinate to such public servant or c being a member of the armed forces deployed in an area by the central or a state government commits rape in such area or d being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womens or childrens institution, commits rape on any inmate of such jail, remand home, place or institution or e being on the management or on the staff of a hospital, commits rape on a woman in that hospital or f being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman or g commits rape during communal or sectarian violence or h commits rape on a woman knowing her to be pregnant or 2 j commits rape, on a woman incapable of giving consent or k being in a position of control or dominance over a woman, commits rape on such woman or l commits rape on a woman suffering from mental or physical disability or m while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman or n commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. explanation.for the purposes of this subsection, a armed forces means the naval, military and air forces and includes any member of the armed forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the central government or the state government b hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation c police officer shall have the same meaning as assigned to the expression police under the police act, 5 of d womens or childrens institution means an institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or children. 3 3 whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this subsection shall be paid to the victim. 1. subs. by act 22 of , s. 4, for shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine w.e.f. . 2. clause i omitted by s. 4, ibid. w.e.f. . 3. ins. by act 22 of , s. 4 w.e.f. .

section 376da. of the indian penal code : 1376da. punishment for gang rape on woman under sixteen years of age. where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this section shall be paid to the victim. 1. ins. by act 22 of , s. 6 w.e.f. .

section 376a. of the indian penal code : whoever, commits an offence punishable under subsection 1 or subsection 2 of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, or with death. state amendment arunachal pradesh. insertion of section 376aa.after section 376a of the principal act, the following section shall be inserted, namely: 376aa. punishment for rape on a women up to twelve years of age.whoever commits rape on a women up to twelve years of age shall be punished with death, or rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life which shall mean imprisonment for the remained of that persons natural life, and shall also be liable to fine.. vide arunachal pradesh act 3 of , s. 8 insertion of section 376da.after section 376d of the principal act, the following section shall be inserted namely: 376d.punishment for gang rape on a woman twelve years of age.where a woman up to twelve years of age, is raped by one or more persons constituting a group of action in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with death, or rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this section shall be paid to the victim... vide arunachal pradesh act 3 of , s. 9

section 376b. of the indian penal code : whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. explanation.in this section, sexual intercourse shall mean any of the acts mentioned in clauses a to d of section 375.

section 376c. of the indian penal code : whoever, being a in a position of authority or in a fiduciary relationship or b a public servant or c superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a womens or childrens institution or d on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. explanation 1.in this section, sexual intercourse shall mean any of the acts mentioned in clauses a to d of section 375. explanation 2.for the purposes of this section, explanation 1 to section 375 shall also be applicable. explanation 3.superintendent, in relation to a jail, remand home or other place of custody or a womens or childrens institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. explanation 4.the expressions hospital and womens or childrens institution shall respectively have the same meaning as in explanation to subsection 2 of section 376.

section 376d. of the indian penal code : where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that persons natural life, and with fine: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this section shall be paid to the victim.

section 379. of the indian penal code : whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. state amendment gujarat. in the indian penal code, xlv of , after section 379, the following sections shall be inserted, namely: 379a. snatching.1 whoever, with the intention to commit theft, suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his physical possession any moveable property, and makes or attempt to make escape with such property, is said to commit snatching. 2whoever attempts to commit snatching shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to ten years, and with fine which may extend to twentyfive thousand rupees. 3whoever commits snatching shall be punished with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years, and with fine which may extend to twentyfive thousand rupees. 4 whoever, after committing or attempting to commit snatching, causes hurt or wrongful restraint of fear of hurt, in order to effect his escape shall be punished with rigorous imprisonment for a term which may extend to three years, in addition to the punishment provided for the offence of snatching by the preceding subsections. 379b. snatching after preparation made for causing death, hurt or restraint in order to the committing of snatching.whoever commits or attempts to commit snatching, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such snatching, or in order to the retaining of property taken by such snatching, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but which may extend to ten years, and with fine which may extend to twentyfive thousand rupees. vide gujarat act 6 of , sec. 2.

section 376db. of the indian penal code : where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine, or with death: provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: provided further that any fine imposed under this section shall be paid to the victim.

section 381. of the indian penal code : whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 376e. of the indian penal code : whoever has been previously convicted of an offence punishable under section 376 or section 376a or 1 section 376ab or section 376d or section 376da or section 376db, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, or with death. state amendment chhattisgarh. after section 376e of the penal code, the following shall be inserted, namely: 376f. liability of person incharge of workplace and others to give information about offence.whoever, being person incharge of any work place or any other person present at such place, having knowledge that an offence under section 376 or section 376d, is being committed at such place and being in a position to prevent commission of such offence fails so, to prevent such offence or to give information of the commission of such offence, to any magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable to be punished for abetment of such offence with imprisonment of either description which may extend to three years and fine and no such person shall incur any liability for giving such information. explanation:workplace includes any mode of transport owned, hired or otherwise engaged by the person incharge of the work place for the conveyance of the woman, who was subjected to such offence, to and from her residence to such workplace. vide chhattisgarh act 25 of , sec. 5. 1. subs. by act 22 of , s. 7, for section 376d w.e.f. .

section 378. of the indian penal code : whoever, intending to take dishonestly any movable property out of the possession of any person without that persons consent, moves that property in order to such taking, is said to commit theft. explanation 1.a thing so long as it is attached to the earth, not being movable property, is not the subject of theft but it becomes capable of being the subject of theft as soon as it is severed from the earth. explanation 2.a moving effected by the same act which effects the severance may be a theft. explanation 3.a person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. explanation 4.a person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. explanation 5.the consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. illustrations a a cuts down a tree on zs ground, with the intention of dishonestly taking the tree out of zs possession without zs consent. here, as soon as a has severed the tree in order to such taking, he has committed theft. b a puts a bait for dogs in his pocket, and thus induces zs dog to follow it. here, if as intention be dishonestly to take the dog out of zs possession without zs consent, a has committed theft as soon as zs dog has begun to follow a. c a meets a bullock carrying a box of treasure. he drives the bullock in a certain direction, in order that he may dishonestly take the treasure. as soon as the bullock begins to move, a has committed theft of the treasure. d a being zs servant, and entrusted by z with the care of zs plate, dishonestly runs away with the plate, without zs consent. a has committed theft. e z, going on a journey, entrusts his plate to a, the keeper of a warehouse, till z shall return. a carries the plate to a goldsmith and sells it. here the plate was not in zs possession. it could not therefore be taken out of zs possession, and a has not committed theft, though he may have committed criminal breach of trust. f a finds a ring belonging to z on a table in the house which z occupies. here the ring is in zs possession, and if a dishonestly removes it, a commits theft. g a finds a ring lying on the highroad, not in the possession of any person. a, by taking it, commits no theft, though he may commit criminal misappropriation of property. h a sees a ring belonging to z lying on a table in zs house. not venturing to misappropriate the ring immediately for fear of search and detection, a hides the ring in a place where it is highly improbable that it will ever be found by z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. here a, at the time of first moving the ring, commits theft. i a delivers his watch to z, a jeweller, to be regulated. z carries it to his shop. a, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of zs hand, and carries it away. here a, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. j if a owes money to z for repairing the watch, and if z retains the watch lawfully as a security for the debt, and a takes the watch out of zs possession, with the intention of depriving z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly. k again, if a, having pawned his watch to z, takes it out of zs possession without zs consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly. l a takes an article belonging to z out of zs possession without zs consent, with the intention of keeping it until he obtains money from z as a reward for its restoration. here a takes dishonestly a has therefor committed theft. m a, being on friendly terms with z, goes into zs library in zs absence, and takes away a book without zs express consent for the purpose merely of reading it, and with the intention of returning it. here, it is probable that a may have conceived that he had zs implied consent to use zs book. if this was as impression, a has not committed theft. n a asks charity from zs wife. she gives a money, food and clothes, which a knows to belong to z her husband. here it is probable that a may conceive that zs wife is authorised to give away alms. if this was as impression, a has not committed theft. o a is the paramour of zs wife. she gives a valuable property, which a knows to belong to her husband z, and to be such property as she has not authority from z to give. if a takes the property dishonestly, he commits theft. p a, in good faith, believing property belonging to z to be as own property, takes that property out of bs possession. here, as a does not take dishonestly, he does not commit theft.

section 382. of the indian penal code : whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. illustrations a a commits theft on property in zs possession and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting z in case z should resist. a has committed the offence defined in this section. b a picks zs pocket, having posted several of his companions near him, in order that they may restrain z, if z should perceive what is passing and should resist, or should attempt to apprehend a. a has committed the offence defined in this section.. state amendment tripura. after the section 382 of the indian penal code, the following new sections will be inserted: 382a. snatching: whoever commits theft stealthily from a person or through assault or by using criminal force and thereby causes hurt or endangers the life of that person is said to commit the offence of snatching. 382b. whoever commits snatching shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both. 382c. vehicle lifting: whoever commits theft of a vehicle either from open or close arena, is said to commit the offence of vehicle lifting. note: the term vehicle shall have the same meaning as defined in subsection 28 of section 2 of motor vehicles act :, 382d. whoever commits the offence of vehicle lifting shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of ten years or with fine or with both. 382e. cattle lifting: whoever commits theft of a cattle either from open or close arena, is said to commit the offence of cattle lifting. note: for the purpose of this section, the term cattle means a cow and a calf, whether male or female, bull, bullock, buffalomale or female or calf of shebuffalo, whether male or female and an ox or oxen. 382f. whoever commits the offence of cattle lifting shall be punished with imprisonment for a term which shall not be less than seven years but may extend to a term of tem years or with fine or with both. vide tripura act 4 of , sec. 2.

section 383. of the indian penal code : whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. illustrations a a threatens to publish a defamatory libel concerning z unless z gives him money. he thus induces z to give him money. a has committed extortion. b a threatens z that he will keep zs child in wrongful confinement, unless z will sign and deliver to a a promissory note binding z to pay certain monies to a. z sings and delivers the note. a has committed extortion. c a threatens to send clubmen to plough up zs field unless z will sign and deliver to b a bond binding z under a penalty to deliver certain produce to b, and thereby induces z to sign and deliver the bond. a has committed extortion. d a, by putting z in fear of grievous hurt, dishonestly induces z to sign or affix his seal to a blank paper and deliver it to a. z sings and delivers the paper to a. here, as the paper so signed may be converted into a valuable security. a has committed extortion.

section 377. of the indian penal code : whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. explanation.penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 380. of the indian penal code : whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 384. of the indian penal code : whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 386. of the indian penal code : whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 390. of the indian penal code : in all robbery there is either theft or extortion. when theft is robbery.theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. when extortion is robbery.extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. explanation.the offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. illustrations a a holds z down, and fraudulently takes zs money and jewels from zs clothes, without zs consent. here a has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to z. a has therefore committed robbery. b a meets z on the high road, shows a pistol, and demands zs purse. z, in consequence, surrenders his purse. here a has extorted the purse from z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. a has therefore committed robbery. c a meets z and zs child on the high road. a takes the child, and threatens to filing it down a precipice, unless z delivers his purse. z, in consequence, delivers his purse. here a has extorted the purse from z, by causing z to be in fear of instant hurt to the child who is there present. a has therefore committed robbery on z. d a obtains property from z by saying your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees. this is extortion, and punishable as such: but it is not robbery, unless z is put in fear of the instant death of his child.

section 385. of the indian penal code : whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 389. of the indian penal code : whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with 1 imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and, if the offence be punishable under section 377 of this code, may be punished with 1 imprisonment for life. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 392. of the indian penal code : whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

section 388. of the indian penal code : whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 1 imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and, if the offence be one punishable under section 377 of this code, may be punished with 1 imprisonment for life. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 395. of the indian penal code : whoever commits dacoity shall be punished with 1 imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 387. of the indian penal code : whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 391. of the indian penal code : when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity.

section 393. of the indian penal code : whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

section 397. of the indian penal code : if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

section 394. of the indian penal code : if any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1 imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 399. of the indian penal code : whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

section 400. of the indian penal code : whoever, at any time after the passing of this act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with 1 imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 401. of the indian penal code : whoever, at any time after the passing of this act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

section 396. of the indian penal code : if any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1 imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 402. of the indian penal code : whoever, at any time after the passing of this act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

section 403. of the indian penal code : whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. illustrations a a takes property belonging to z out of zs possession, in good faith believing at the time when he takes it, that the property belongs to himself. a is not guilty of theft but if a, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. b a, being on friendly terms with z, goes into zs library in zs absence, and takes away a book without zs express consent. here, if a was under the impression that he had zs implied consent to take the book for the purpose of reading it, a has not committed theft. but, if a afterwards sells the book for his own benefit, he is guilty of an offence under this section. c a and b, being, joint owners of a horse, a takes the horse out of bs possession, intending to use it. here, as a has a right to use the horse, he does not dishonestly misappropriate it. but, if a sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. explanation 1.a dishonest misappropriation for a time only is a misappropriation with the meaning of this section. illustration a finds a government promissory note belonging to z, bearing a blank endorsement. a, knowing that the note belongs to z, pledges it with a banker as a security or a loan, intending at a future time to restore it to z. a has committed an offence under this section. explanation 2.a person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. what are reasonable means or what is a reasonable time in such a case, is a question of fact. it is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. illustrations a a finds a rupee on the high road, not knowing to whom the rupee belongs, a picks up the rupee. here a has not committed the offence defined in this section. b a finds a letter on the road, containing a bank note. from the direction and contents of the letter he learns to whom the note belongs. he appropriates the note. he is guilty of an offence under this section. c a finds a cheque payable to bearer. he can form no conjecture as to the person who has lost the cheque. but the name of the person, who has drawn the cheque, appears. a knows that this person can direct him to the person in whose favour the cheque was drawn. a appropriates the cheque without attempting to discover the owner. he is guilty of an offence under this section. d a sees z drop his purse with money in it. a picks up the purse with the intention of restoring it to z, but afterwards appropriates it to his own use. a has committed an offence under this section. e a finds a purse with money, not knowing to whom it belongs he afterwards discovers that it belongs to z, and appropriates it to his own use. a is guilty of an offence under this section. f a finds a valuable ring, not knowing to whom it belongs. a sells it immediately without attempting to discover the owner. a is guilty of an offence under this section.

section 398. of the indian penal code : if, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

section 404. of the indian penal code : whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that persons decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such persons decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. illustration z dies in possession of furniture and money. his servant a, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. a has committed the offence defined in this section.

section 406. of the indian penal code : whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 405. of the indian penal code : whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. 12explanation 1.a person, being an employer 3of an establishment whether exempted under section 17 of the employees provident funds and miscellaneous provisions act, 19 of or not who deducts the employees contribution from the wages payable to the employee for credit to a provident fund or family pension fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. 4 explanation 2.a person, being an employer, who deducts the employees contribution from the wages payable to the employee for credit to the employees state insurance fund held and administered by the employees state insurance corporation established under the employees state insurance act, 34 of , shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said fund in violation of the said act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. illustrations a a, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. a has committed criminal breach of trust. b a is a warehousekeeper. z going on a journey, entrusts his furniture to a, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. a dishonestly sells the goods. a has committed criminal breach of trust. c a, residing in calcutta, is agent for z, residing at delhi. there is an express or implied contract between a and z, that all sums remitted by z to a shall be invested by a, according to zs direction. z remits a lakh of rupees to a, with directions to a to invest the same in companys paper. a dishonestly disobeys the directions and employs the money in his own business. a has committed criminal breach of trust. d but if a, in the last illustration, not dishonestly but in good faith, believing that it will be more for zs advantage to hold shares in the bank of bengal, disobeys zs directions, and buys shares in the bank of bengal, for z, instead of buying companys paper, here, thought z should suffer loss, and should be entitled to bring a civil action against a, on account of that loss, yet a, not having acted dishonestly, has not committed criminal breach of trust. e a, a revenueofficer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds. a dishonestly appropriates the money. a has committed criminal breach of trust. f a, a carrier, is entrusted by z with property to be carried by land or by water. a dishonestly misappropriates the property. a has committed criminal breach of trust. 1. ins. by act 40 of , s. 9 w.e.f. . 2. explanation numbered as explanation 1 by act 38 of , s. 9 w.e.f. . 3. ins. by act 33 of , s. 27 w.e.f. . 4. ins. by act 38 of , s. 9 w.e.f. .

section 407. of the indian penal code : whoever, being entrusted with property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 408. of the indian penal code : whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 414. of the indian penal code : whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 410. of the indian penal code : property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1 2 criminal breach of trust has been committed, is designated as stolen property, 3 whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 4 india. but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. 1. the word the rep by act 12 of , s. 2 and the first sch. 2. the words offence of rep by act 8 of , s. 9. 3. ins. by s. 9, ibid. 4. the words british india have successively been subs. by the a. o. , the a. o. and act 3 of , s. 3 and the sch., to read as above.

section 409. or by banker, merchant or agent. of the indian penal code : whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 411. of the indian penal code : whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 415. of the indian penal code : whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. explanation.a dishonest concealment of facts is a deception within the meaning of this section. illustrations a a, by falsely pretending to be in the civil service, intentionally deceives z, and thus dishonestly induces z to let him have on credit goods for which he does not mean to pay. a cheats. b a, by putting a counterfeit mark on an article, intentionally deceives z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces z to buy and pay for the article. a cheats. c a, by exhibiting to z a false sample of an article intentionally deceives z into believing that the article corresponds with the sample, and thereby dishonestly induces z to buy and pay for the article. a cheats. d a, by tendering in payment for an article a bill on a house with which a keeps no money, and by which a expects that the bill will be dishonoured, intentionally deceives z, and thereby dishonestly induces z to deliver the article, intending not to pay for it. a cheats. e a, by pledging as diamond articles which he knows are not diamonds, intentionally deceives z, and thereby dishonestly induces z to lend money. a cheats. f a intentionally deceives z into a belief that a means to repay any money that z may lend to him and thereby dishonestly induces z to lend him money, a not intending to repay it. a cheats. g a intentionally deceives z into a belief that a means to deliver to z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces z to advance money upon the faith of such delivery. a cheats but if a, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. h a intentionally deceives z into a belief that a has performed as part of a contract made with z, which he has not performed, and thereby dishonestly induces z to pay money. a cheats. i a sells and conveys an estate to b. a, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to z, without disclosing the fact of the previous sale and conveyance to b, and receives the purchase or mortgage money from z. a cheats.

section 412. of the indian penal code : whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with 1 imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 413. of the indian penal code : whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 419. of the indian penal code : whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 416. of the indian penal code : a person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. explanation.the offence is committed whether the individual personated is a real or imaginary person. illustrations a a cheats by pretending to be a certain rich banker of the same name. a cheats by by personation. b a cheats by pretending to be b, a person who is deceased. a cheats by personation.

section 422. of the indian penal code : whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 417. of the indian penal code : whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 424. of the indian penal code : whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 418. of the indian penal code : whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 426. of the indian penal code : whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

section 420. of the indian penal code : whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 427. of the indian penal code : whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 421. of the indian penal code : whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 428. of the indian penal code : whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 423. of the indian penal code : whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 429., of any value or any animal of the value of fifty rupees. of the indian penal code : whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

section 431. of the indian penal code : whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

section 425. of the indian penal code : whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. explanation 1.it is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. it is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. explanation 2.mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. illustrations a a voluntarily burns a valuable security belonging to z intending to cause wrongful loss to z. a has committed mischief. b a introduces water in to an icehouse belonging to z and thus causes the ice to melt, intending wrongful loss to z. a has committed mischief. c a voluntarily throws into a river a ring belonging to z, with the intention of thereby causing wrongful loss to z. a has committed mischief. d a, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to z, destroys those effects, with the intention of thereby preventing z from obtaining satisfaction of the debt, and of thus causing damage to z. a has committed mischief. e a having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. a has committed mischief. f a causes a ship to be cast away, intending thereby to cause damage to z who has lent money on bottomry on the ship. a has committed mischief. g a, having joint property with z in a horse, shoots the horse, intending thereby to cause wrongful loss to z. a has committed mischief. h a causes cattle to enter upon a field belonging to z, intending to cause and knowing that he is likely to cause damage to zs crop. a has committed mischief.

section 433. of the indian penal code : whoever commits mischief by destroying or moving any lighthouse or other light used as a seamark, or any sea mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such lighthouse, seamark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 430. of the indian penal code : whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

section 432. of the indian penal code : whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

section 437. of the indian penal code : whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 439. of the indian penal code : whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 435. of the indian penal code : whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards 1 or where the property is agricultural produce ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. 1. ins. by act 8 of , s. 10.

section 434., a landmark fixed by public authority. of the indian penal code : whoever commits mischief by destroying or moving any landmark fixed by the authority of a public servant, or by any act which renders such landmark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 436. of the indian penal code : whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 442. of the indian penal code : whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit housetrespass. explanation.the introduction of any part of the criminal trespassers body is entering sufficient to constitute housetrespass.

section 438. of the indian penal code : whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with 1 imprisonment for life. or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 440. of the indian penal code : whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

section 441. of the indian penal code : whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit criminal trespass. state amendment orissa amendment of section 441.in the indian penal code, 45 of , for section 441, the following section shall be substituted, namely: 441.criminal trespass.whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence. or having lawfully entered into or upon such property, remains there with the intention of taking unauthorized possession or making unauthorized use of such property and fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him, is said to commit criminal trespass. vide orissa act 22 of , s. 2

section 443. of the indian penal code : whoever commits housetrespass having taken precautions to conceal such housetrespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking housetrespass.

section 451. of the indian penal code : whoever commits housetrespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

section 444. of the indian penal code : whoever commits lurking housetrespass after sunset and before sunrise, is said to commit lurking housetrespass by night.

section 450. of the indian penal code : whoever commits housetrespass in order to the committing of any offence punishable with 1 imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 446. of the indian penal code : whoever commits housebreaking after sunset and before sunrise, is said to commit housebreaking by night.

section 448. of the indian penal code : whoever commits housetrespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 447. of the indian penal code : whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 453. of the indian penal code : whoever commits lurking housetrespass or housebreaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

section 454. of the indian penal code : whoever commits lurking housetrespass or housebreaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.

section 445. of the indian penal code : a person is said to commit housebreaking who commits housetrespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say first.if he enters or quits through a passage made by himself, or by any abettor of the housetrespass, in order to the committing of the housetrespass. secondly.if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance or through any passage to which he has obtained access by scaling or climbing over any wall or building. thirdly.if he enters or quits through any passage which he or any abettor of the housetrespass has opened, in order to the committing of the housetrespass by any means by which that passage was not intended by the occupier of the house to be opened. fourthly.if he enters or quits by opening any lock in order to the committing of the housetrespass, or in order to the quitting of the house after a housetrespass. fifthly.if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault. sixthly.if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the housetrespass. explanation.any outhouse or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. illustrations a a commits housetrespass by making a hole through the wall of zs house, and putting his hand through the aperture. this is house breaking. b a commits housetrespass by creeping into a ship at a port hole between decks. this is housebreaking. c a commits housetrespass by entering zs house through a window. this is housebreaking. d a commits housetrespass by entering zs house through the door, having opened a door which was fastened. this is housebreaking. e a commits housetrespass by entering zs house through the door, having lifted a latch by putting a wire through a hole in the door. this is housebreaking. f a finds the key of zs house door, which z had lost, and commits housetrespass by entering zs house, having opened the door with that key. this is housebreaking. g z is standing in his doorway. a forces a passage by knocking z down, and commits housetrespass by entering the house. this is housebreaking. h z, the doorkeeper of y, is standing in ys doorway. a commits housetrespass by entering the house, having deterred z from opposing him by threatening to beat him. this is housebreaking.

section 452. of the indian penal code : whoever commits housetrespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 449. of the indian penal code : whoever commits housetrespass in order to the committing of any offence punishable with death, shall be punished with 1 imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 455. of the indian penal code : whoever commits lurking housetrespass, or housebreaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine.

section 456. of the indian penal code : whoever commits lurking housetrespass by night, or housebreaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 458. of the indian penal code : whoever commits lurking housetrespass by night, or housebreaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

section 463. of the indian penal code : 1 2 whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 1. the words trade or omitted by act 43 of , s. 135 and sch. w.e.f. . 2. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. .

section 457. of the indian penal code : whoever commits lurking housetrespass by night, or housebreaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years.

section 460. of the indian penal code : if, at the time of the committing of lurking housetrespass by night or housebreaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurkking housetrespass by night or housebreaking by night, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f.

section 465. of the indian penal code : whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 459. of the indian penal code : whoever, whilst committing lurking housetrespass or housebreaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with 1 imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 461. of the indian penal code : whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 466. of the indian penal code : 2 whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a court of justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1 explanation.for the purposes of this section, register includes any list, data or record of any entries maintained in the electronic form as defined in clause r of subsection 1 of section 2 of the information technology act, 21 of . 1. ins. by act 21 of , s. 91 and the first sch. w.e.f. . 2. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. .

section 462. of the indian penal code : whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 464. of the indian penal code : 1 a person is said to make a false document or false electronic record first.who dishonestly or fraudulently a makes, signs, seals or executes a document or part of a document b makes or transmits any electronic record or part of any electronic record c affixes any 2 electronic signature on any electronic record d makes any mark denoting the execution of a document or the authenticity of the 2 electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or 2 electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, singed, sealed, executed or affixed or secondly.who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with 2 electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration or thirdly.who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his 2 electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration. illustrations a a has a letter of credit upon b for rupees 10,000, written by z. a, in order to defraud b, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by b that z so wrote the letter. a has committed forgery. b a, without zs authority, affixes zs seal to a document purporting to be a conveyance of an estate from z to a, with the intention of selling the estate to b and thereby of obtaining from b the purchasemoney. a has committed forgery. c a picks up a cheque on a banker signed by b, payable to bearer, but without any sum having been inserted in the cheque. a fraudulently fills up the cheque by inserting the sum of ten thousand rupees. a commits forgery. d a leaves with b, his agent, a cheque on a banker, signed by a, without inserting the sum payable and authorizes b to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. b fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. b commits forgery. e a draws a bill of exchange on himself in the name of b without bs authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. here, as a draws the bill with intent to deceive the banker by leading him to suppose that he had the security of b, and thereby to discount the bill, a is guilty of forgery. f zs will contains these wordsi direct that all my remaining property be equally divided between a, b and c. a dishonestly scratches out bs name, intending that it may be believed that the whole was left to himself and c. a has committed forgery. g a endorses a government promissory note and makes it payable to z or his order by writing on the bill the words pay to z or his order and signing the endorsement. b dishonestly erases the words pay to z or his order, and thereby converts the special endorsement into a blank endorsement. b commits forgery. h a sells and conveys an estate to z. a afterwards, in order to defraud z of his estate, executes a conveyance of the same estate to b, dated six months earlier than the date of the conveyance to z, intending it to be believed that he had conveyed the estate to b before he conveyed it to z. a has committed forgery. i z dictates his will to a. a intentionally writes down a different legatee named by z, and by representing to z that he has prepared the will according to his instructions, induces z to sign the will. a has committed forgery. j a writes a letter and signs it with bs name without bs authority, certifying that a is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from z and other persons. here, as a made a false document in order to induce z to part with property, a has committed forgery. k a without bs authority writes a letter and signs it in bs name certifying to as character, intending thereby to obtain employment under z. a has committed forgery inasmuch as he intended to deceive z by the forged certificate, and thereby to induce z to enter into an express or implied contract for service. explanation 1.a mans signature of his own name may amount to forgery. illustrations a a signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. a has committed forgery. b a writes the word accepted on a piece of paper and signs it with zs name, in order that b may afterwards write on the paper a bill of exchange drawn by b upon z, and negotiate the bill as though it had been accepted by z. a is guilty of forgery and if b, knowing the fact, draws the bill upon the paper pursuant to as intention, b is also guilty of forgery. c a picks up a bill of exchange payable to the order of a different person of the same name. a endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable here a has committed forgery. d a purchases an estate sold under execution of a decree against b. b, after the seizure of the estate, in collusion with z, executes a lease of the estate, to z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud a, and to cause it to be believed that the lease was granted before the seizure. b, though he executes the lease in his own name, commits forgery by antedating it. e a, a trader, in anticipation of insolvency, lodges effects with b for as benefit, and with intent to defraud his creditors and in order to give a colour to the transaction, writes a promissory note binding himself to pay to b a sum for value received, and antedates the note, intending that it may be believed to have been made before a was on the point of insolvency. a has committed forgery under the first head of the definition. explanation 2.the making of a false document in the name of a fictious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. illustration a draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. a commits forgery. 3 explanation 3.for the purposes of this section, the expression affixing 4 electronic signature shall have the meaning assigned to it in clause d of subsection 1 of section 2 of the information technology act, 21 of . 1. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. . 2. subs. by act 10 of , s. 51, for digital signature w.e.f. 3. ins. by act 21 of , s. 91 and the first sch. w.e.f. . 4. subs. by act 10 of , s. 51, for digital signature w.e.f. .

section 468. of the indian penal code : whoever commits forgery, intending that the 1 document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 21 of , s. 91 and the first sch., for document forget w.e.f. .

section 467. of the indian penal code : whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 471. of the indian penal code : whoever fraudulently or dishonestly uses as genuine any 1 document or electronic record which he knows or has reason to believe to be a forged 1 document or electronic record, shall be punished in the same manner as if he had forged such 1 document or electronic record. 1. subs. by act 21 of , s. 91 and the first sch., for document w.e.f. .

section 473., with intent to commit forgery punishable otherwise. of the indian penal code : whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 469. of the indian penal code : whoever commits forgery, 1 intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 1. subs. by act 21 of , s. 91 and the first sch., for intending that the document forget w.e.f. .

section 474. of the indian penal code : 1 whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and if the document is one of the description mentioned in section 467, shall be punished with 2 imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 21 of , s. 91 and the first sch., for certain words w.e.f. . 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 470. of the indian penal code : a false 1document or electronic record made wholly or in part by forgery is designated a forged 1document or electronic record. 1. subs. by act 21 of , s. 91 and the first sch., for document w.e.f. .

section 477., of will, authority to adopt, or valuable security. of the indian penal code : whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 477a. of the indian penal code : 1477a. falsification of accounts whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any 2book, electronic record, paper, writing valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in. any such 2book, electronic record, paper, writing valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. explanation.it shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed. 1. added by act 3 of , s. 4. 2. subs. by act 21 of , s. 91 and the first sch., for book, paper, writing w.e.f. .

section 472., with intent to commit forgery punishable under section 467. of the indian penal code : whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 478. of the indian penal code : 12trade mark. rep. by the trade and merchandise marks act, 43 of , s. 135 and sch. w. e. f. . 1. subs. by act 4 of , s. 3, for the original heading and ss. 478 to 489. 2. the word trade omitted by act 43 of , s. 135 and the sch. w.e.f. .

section 475. of the indian penal code : whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 467 of this code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 476. of the indian penal code : whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating 1 any document or electronic record other than the documents described in section 467 of this code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 1. subs. by act 21 of , s. 91 and the first sch., for any document w.e.f. .

section 483. of the indian penal code : whoever counterfeits any 1 property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 1. the words trade mark or omitted by s. 135 and the sch., ibid. w.e.f.

section 485. of the indian penal code : 1485. making or possession of any instrument for counterfeiting a property mark. whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 1. subs. by s. 135 and the sch., ibid., for s. 485 w.e.f. .

section 479. property mark of the indian penal code : a mark used for denoting that movable property belongs to a particular person is called a property mark.

section 481.using a false property mark of the indian penal code : whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

section 480. of the indian penal code : using a false trade mark. rep. by the trade and merchandise marks act, 43 of , s. 135and sch. w.e.f. 25 .

section 482. of the indian penal code : whoever uses 1 any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1. the words any false trade mark or omitted by s. 135 and the sch., ibid. w.e.f. .

section 484. of the indian penal code : whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

section 489c. of the indian penal code : whoever has in his possession any forged or counterfeit currencynote or banknote, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

section 486. of the indian penal code : 1 whoever sells, or exposes, or has has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves a that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and b that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or c that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 1 subs. by s. 135 and the sch., ibid., for certain words w.e.f. .

section 489d. of the indian penal code : whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currencynote or banknote, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 487. of the indian penal code : whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

section 488. of the indian penal code : whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

section 489a. of the indian penal code : 1whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currencynote or banknote, shall be punished with 2imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. explanation.for the purposes of this section and of sections 489b, 3489c, 489d and 489e, the expression banknote means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any state or sovereign power, and intended to be used as equivalent to, or as a substitute for money. 1. added by act 12 of , s. 2. 2. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. . 3. subs. by act 35 of , s. 3 and the second sch., for 489c and 489d.

section 489e. of the indian penal code : 11 whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currencynote or banknote shall be punished with fine which may extend to one hundred rupees. 2 if any person, whose name appears on a document the making of which is an offence under subsection 1, refuses, without lawful excuse, to disclose to a policeofficer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees. 3 where the name of any person appears on any document in respect of which any person is charged with an offence under sub section 1 or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made. 1. ins. by act 6 of , s. 2.

section 489. of the indian penal code : whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

section 489b. of the indian penal code : whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currencynote or banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 1 imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1. subs. by act 26 of , s. 117 and the sch., for transportation for life w.e.f. .

section 495. of the indian penal code : whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 490.. of the indian penal code : breach of contract of service during voyage or journey. rep. by the workmens breach of contract repealing act, 3 of , s. 2 and sch.

section 491. of the indian penal code : whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

section 497. of the indian penal code : whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. in such case the wife shall not be punishable as an abettor.

section 492.. of the indian penal code : breach of contract to serve at distant place to which servant is conveyed at masters expense. rep. by the workmens breach of contract repealing act, 3 of , s. 2 and sch.

section 493. of the indian penal code : every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

section 494. of the indian penal code : whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. exception.this section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

section 496. of the indian penal code : whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

section 498. of the indian penal code : whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 502. of the indian penal code : whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

section 498a. of the indian penal code : 1whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. explanation.for the purposes of this section, cruelty means a anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical of the woman or b harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 1. ins. by act 46 of , s. 2.

section 503. of the indian penal code : whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. explanation.a threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. illustration a, for the purpose of inducing b to resist from prosecuting a civil suit, threatens to burn bs house. a is guilty of criminal intimidation.

section 499. of the indian penal code : whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. explanation 1.it may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives. explanation 2.it may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. explanation 3.an imputation in the form of an alternative or expressed ironically, may amount to defamation. explanation 4.no imputation is said to harm a persons reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful. illustrations a a says z is an honest man he never stole bs watch intending to cause it to be believed that z did steal bs watch. this is defamation, unless it fall within one of the exceptions. b a is asked who stole bs watch. a points to z, intending to cause it to be believed that z stole bs watch. this is defamation, unless it fall within one of the exceptions. c a draws a picture of z running away with bs watch, intending it to be believed that z stole bs watch. this is defamation, unless it fall within one of the exceptions.c a draws a picture of z running away with bs watch, intending it to be believed that z stole bs watch. this is defamation, unless it fall within one of the exceptions. first exception.imputation of truth which public good requires to be made or published.it is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. whether or not it is for the public good is a question of fact. second exception.public conduct of public servants.it is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. third exception.conduct of any person touching any public question.it is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. illustration it is not defamation in a to express in good faith any opinion whatever resepting zs conduct in petitioning government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. fourth exception.publication of reports of proceedings of courts.it is not defamation to publish substantially true report of the proceedings of a court of justice, or of the result of any such proceedings. explanation.a justice of the peace or other officer holding an enquiry in open court preliminary to a trial in a court of justice, is a court within the meaning of the above section. fifth exception.merits of case decided in court or conduct of witnesses and others concerned.it is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a court of justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. illustrations a a saysi think zs evidence on that trial is so contradictory that he must be stupid or dishonest. a is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects zs character as it appears in zs conduct as a witness, and no farther. b but if a saysi do not believe what z asserted at that trial because i know him to be a man without veracity a is not within this exception, inasmuch as the opinion which express of zs character, is an opinion not founded on zs conduct as a witness. sixth exception.merits of public performance.it is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. explanation.a performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. illustrations a a person who publishes a book, submits that book to the judgment of the public. b a person who makes a speech in public, submits that speech to the judgment of the public. c an actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. d a says of a book published by zzs book is foolish z must be a weak man. zs book is indecent z must be a man of impure mind. a is within the exception, if he says this in good faith, inasmuch as the opinion which he expresses of z respects zs character only so far as it appears in zs book, and no further. e but if a says i am not surprised that zs book is foolish and indecent, for he is a weak man and a libertine. a is not within this exception, inasmuch as the opinion which he expresses of zs character is an opinion not founded on zs book. seventh exception.censure passed in good faith by person having lawful authority over another.it is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. illustration a judge censuring in good faith the conduct of a witness, or of an officer of the court a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils a master censuring a servant in good faith for remissness in service a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier are within this exception. eighth exception.accusation preferred in good faith to authorised person.it is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subjectmatter of accusation. illustration if a in good faith accuses z before a magistrate if a in good faith complains of the conduct of z, a servant, to zs masterif a in good faith complains of the conduct of z, a child, to zs fathera is within this exception. ninth exception.imputation made in good faith by person for protection of his or others interests.it is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. illustrations a a, a shopkeeper, says to b, who manages his businesssell nothing to z unless he pays you ready money, for i have no opinion of his honesty. a is within the exception, if he has made this imputation on z in good faith for the protection of his own interests. b a, a magistrate, in making a report to his own superior officer, casts an imputation on the character of z. here, if the imputation is made in good faith, and for the public good, a is within the exception. tenth exception.caution intended for good of person to whom conveyed or for public good.it is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

section 504. of the indian penal code : whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

section 500. of the indian penal code : whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

section 506. of the indian penal code : whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both if threat be to cause death or grievous hurt, etc.and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 1. subs. by act 26 of , s. 117 and the sch., for transportation w.e.f. .

section 501. of the indian penal code : whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

section 505. of the indian penal code : 1505. statements conducing to public mischief. 21 whoever makes, publishes or circulates any statement, rumour or report, a with intent to cause, or which is likely to cause, any officer, soldier, 3 sailor or airman in the army, 4 navy or air force 5 of india to mutiny or otherwise disregard or fail in his duty as such or b with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquility or c with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 6three years, or with fine, or with both. 72 statements creating or promoting enmity, hatred or illwill between classes.whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. 3 offence under subsection 2 committed in place of worship, etc.whoever commits an offence specified in subsection 2 in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. exception.it does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 2 in good faith and without any such intent as aforesaid. 1. subs. by act 4 of , s. 6, for s. 505. 2. section 505 renumbered as subsection 1 of that section by act 35 of , s. 3. 3. subs. by act 10 of , s. 2 and the first sch., for or sailor. 4. subs. by s. 2 and the first sch., ibid., for or navy. 5. subs. by the a. o. , for of her majesty or in the imperial service troops the words or in the royal indian marine occurring after the word majesty omitted by act 35 of , s. 2 and sch. 6. subs. by act 41 of , s. 4, for two years. 7. ins. by act 35 of , s. 3.

section 507. of the indian penal code : whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

section 508. of the indian penal code : whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. illustrations a a sits dhurna at zs door with the intention of causing it to be believed that, by so sitting, he renders z an object of divine displeasure. a has committed the offence defined in this section. b a threatens z that, unless z performs a certain act, a will kill one of as own children, under such circumstances that the killing would be believed to render z an object of divine displeasure. a has committed the offence defined in this section.

section 511. of the indian penal code : whoever attempts to commit an offence punishable by this code with 1 imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this code for the punishment of such attempt, be punished with 2 imprisonment of any description provided for the offence, for a term which may extend to onehalf of the imprisonment for life or, as the case may be, one half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. illustrations a a makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. he has done an act towards the commission of theft, and therefore is guilty under this section. b a makes an attempt to pick the pocket of z by thrusting his hand into zs pocket. a fails in the attempt in consequence of zs having nothing in his pocket. a is guilty under this section. 1. subs. by act 26 of , s. 117 and the sch., for transportation w.e.f. . 2. subs. by s. 117 and the sch., ibid., for certain words w.e.f. .

section 509. of the indian penal code : whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, 1 shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. state amendment chhattisgarh after section 509 of the penal code, the following shall be inserted, namely: 509a. sexual harassment by relative.whoever, being related to a woman through blood, adoption or marriage, and not being her husband, takes the advantage of his proximity and induces, seduces or threatens such woman with intent to insult her modesty by word, gesture or act shall be punished with rigorous imprisonment which shall not be less than one year but which may extend to five years and shall also liable to fine. 509b. sexual harassment by electronic mode.whoever, by means of telecommunication device or by any other electronic mode including internet, makes creates, solicits or initiates the transmission of any comment, request, suggestion, proposal, image or other communication, which is obscene, lewd, lascivious, filthy or indecent with intent to harass or cause or having knowledge that it would harass or cause annoyance or mental agony to a woman shall be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years and shall also be liable to fine. vide chhattisgarh act 25 of , sec. 6. 1. subs. by act 13 of , s. 10, for shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both w.e.f. .

section 510. of the indian penal code : whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twentyfour hours, or with fine which may extend to ten rupees, or with both.

section 2. of the oriental gas company act : the 1central government may, by notification in the official gazette, extend the said act no. 5 of , to any place 2in 3the territories which, immediately before the 1st november, , were comprised in part a states and part c states other than calcutta and its environs: provided that, in every place to which the said act shall be so extended, section 3 of the same act shall be read as if for the words town of calcutta, the name of the place to which the said act shall be so extended were substituted: section 7 of the same act shall be read as if for the words and figures act 14 of , the following words were substituted that is to say any law for the time being in force to provide for the conservancy and improvement of such place section 22 of the said act shall be read, as if after the words joint stock companies act, the followings words were inserted that is to say the indian companies act, , or any other statute or act for the time being in force relating to joint stock companies and as if for the expression supreme court of judicature at fort william, the name of the highest civil court of appeal in such place were substituted and as if for the expression the territories of the east india company, the expression the states 4 were substituted. 1. subs. by the a.o. , for l.g.. 2. subs. by the a.o. , for in the provinces which has been subs. by the a.o. , for within the territories subject to such govt. 3. subs. by the adaptation of laws no. 2 order, , for the states. 4. the words as defined in this act omitted by the a.o. .

section 1.. of the oriental gas company act : interpretation clause.. rep. by the a.o. .

section 6. of the central provinces financial commissioners act : in sections 22, clause c, and 23, clause c, of the said act, for the words chief commissioner the words financial commissioner shall be substituted.

section 5. of the central provinces financial commissioners act : in sections 17 and 25 of the said act, after the words chief commissioner, wherever they occur, the words or the financial commissioner shall be added.

section 1. of the central provinces financial commissioners act : 1 this act may be called the central provinces financial commissioners act, and 2 it shall come into force on such date as the chief commissioner, with the previous sanction of the governor general in council, may, by notification in the local official gazette, direct

section 2. of the central provinces financial commissioners act : 1 there shall be a financial commissioner for the central provinces. 2 the chief commissioner, with the previous sanction of the governor general in council, shall appoint, and may suspend or remove, the financial commissioner.

section 4. of the central provinces financial commissioners act : for section 5 and 6 of the central provinces landrevenue act, the following shall be substituted, namely: 5. revenueofficers.there shall be the following classes of revenueofficers, namely: the chief commissioner, the financial commissioner, commissioners, deputy commissioners, assistant commissioners, tahsildars, naibtahsildars. 6. subordination of officers.1 the chief commissioner shall, in all revenue matters, be subject to the control of the governor general in council. 2 the financial commissioner shall be subject to the control of the chief commissioner. 3 all other revenueofficers shall be subordinate to the chief commissioner and the financial commissioner all revenueofficers in a division shall be subordinate to the commissioner of the division and all revenueofficers in a district shall be subordinate to the deputy commissioner of the district. 4 an officer in charge of a villagesurvey in a district which is not under settlement may be invested by the chief commissioner with the powers of a revenueofficer of any class, and, when so invested, shall be subordinate to such officer or officers as the chief commissioner may direct.

section 3. of the central provinces financial commissioners act : the chief commissioner, with the previous sanction of the governor general in council, may, by notification in the local official gazette, assign to the financial commissioner, subject to such conditions and restrictions, if any, as the chief commissioner with the like sanction may prescribe, all or any powers or functions assigned to the local government or to the chief commissioner or to the chief revenueauthority or the chief controlling revenueauthority by any enactment for the time being in force.

section 7. of the explosive substances act : no court shall proceed to the trial of any person for an offence against this act except with the consent of 1 the 2 district magistrate. 1. the words the l.g. or rep. by the a.o. . 2. subs. by act 54 of , s. 3, for central government w.e.f. .

section 1. of the explosive substances act : 1 this act may be called the explosive substances act, . 1 2 it extends to the whole of india 2 and applies also to citizens of india 3 outside india. 1. subs. by the a.o. , for subsection 2. 2. the words and letter except part b states omitted by act 3 of , s. 3 and the schedule. 3. subs. by s. 3 and the schedule, ibid., for wherever they may be.

section 6. of the explosive substances act : any person who by the supply or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under this act shall be punished with the punishment provided for the offence.

section 5. of the explosive substances act : any person who makes or knowingly has in his possession or under his control any explosive substance or special category explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be punished, a in the case of any explosive substance, with imprisonment for a term which may extend to ten years, and shall also be liable to fine b in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

section 4. of the explosive substances act : any person who unlawfully and maliciously a does any act with intent to cause by an explosive substance or special category explosive substance, or conspires lo cause by an explosive substance or special category explosive substance, an explosion of a nature likely to endanger life or to cause serious injury to property or b makes or has in his possession or under his control any explosive substance or special category explosive substance with intent by means thereof to endanger life, or cause serious injury to property, or to enable any other person by means thereof to endanger life or cause serious injury to property in india, shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished, i in the case of any explosive substance, with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine ii in the case of any special category explosive substance, with rigorous imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

section 2. of the explosive substances act : 1in this act a the expression explosive substance shall be deemed to include any materials for making any explosive substance also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance also any part of any such apparatus, machine or implement b the expression special category explosive substance shall be deemed to include research development explosive rdx, penta erythritol tetra nitrate petn, high melting explosive hmx, tri nitro toluene tnt, low temperature plastic explosive ltpe, composition exploding ce 2, 4, 6 phenyl methyl nitramine or tetryl, octol mixture of high melting explosive and tri nitro toluene, plastic explosive kirkee 1 pek1 and rdx/tnt compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any other substance and a combination thereof which the central government may, by notification in the official gazette, specify or the purposes of this act. 1. subs. by act 54 of , s. 2, for sections 2 to 5 w.e.f. .

section 3. of the explosive substances act : any person who unlawfully and maliciously causes by a any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with imprisonment for life, or with rigorous imprisonment of either description which shall not be less than ten years, and shall also be liable to fine b any special category explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with death, or rigorous imprisonment for life, and shall also be liable to fine.

section 4. of the west godavari district assimilation of laws on federal subjects act : if any difficulty arises in relation to the transition from the laws mentioned in subsection 2 of section 3 to the laws mentioned in subsection 1 thereof, the central government may, by order notified in the official gazette, make such provision as it considers necessary for the removal of such difficulty.

The West Godavari District (Assimilation of Laws on Federal Subjects) Act, 1949

section 1. of the west godavari district assimilation of laws on federal subjects act : 1 this act may be called the west godavari district assimilation of laws on federal subjects act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st july, , see gazette of india, , extraordinary.

section 3. of the west godavari district assimilation of laws on federal subjects act : 1 all laws which immediately before the appointed day extend to, or are in force in, the eluru taluk, but not in the scheduled area, shall, as from that day, extend to, or as the case may be, come into force in, the scheduled area. 2 all laws which immediately before the appointed day are in force in the scheduled area, but not in the eluru taluk, shall on that day cease to be in force in the scheduled area, except as respects things done or omitted to be done before that day.

section 2. of the west godavari district assimilation of laws on federal subjects act : in this act a appointed day means the date appointed under subsection 2 of section 1 for the coming into force of this act b eluru taluk means the taluk of that name in the west godavari district of the state of madras c law means any act, ordinance, regulation, rule, order or byelaw, relating to any of the matters enumerated in list i in the seventh schedule to the government of india act, 25 and 26 geo. 5, c. 2 and d scheduled area means the area comprised in the villages which are specified in the schedule to this act

section 8. of the presidency small cause courts act : the chief judge shall be the first of the judges in rank and precedence. the other judges shall have rank and precedence as the state government may, from time to time, direct.

section 1. of the presidency small cause courts act : show related subordinates this act may be called the presidency small cause courts act, and it shall come into force on the first day of july, . but nothing herein contained shall affect the provisions of the army act, 1 44 45 vict., c. 58 section 151, or the rights or liabilities of any person under any decree passed before that day. 1. the figures rep. by act 12 of , s. 2 and the first schedule.

section 7. of the presidency small cause courts act : 17. appointment of judges.there shall be appointed from time to time a chief judge of the small cause court and as many other judges as the state government thinks fit. 1. subs. by the a.o. .

section 6., of high court. of the presidency small cause courts act : the small cause court shall be deemed to be a court subject to the superintendence of the high court of judicature at fort. william, madras or bombay, as the case may be, within the meaning of the letters patent, respectively, dated the 28th day of december, , for such high courts, and within the meaning of the 1code of civil procedure 14 of 2 and to be a court subordinate to the high court within the meaning of section 6 of the legal practitioners act, 18 of , and the high court shall have, in respect of the small cause court, the same powers as it has under the twentyfourth and twentyfifth of victoria, chapter 104, section 15, in respect of courts subject to its appellate jurisdiction. 1. see now the code of civil procedure, act 5 of . 2. ins. by act 1 of , s. 2.

section 2.. of the presidency small cause courts act : repeal of enactments.rep. by the repealing act, 1 of , s. 2 and the schedule.

section 8a. of the presidency small cause courts act : 18a. performance of duties of absent judge.1 during any absence of the chief judge or any judge of the said court, or during the period for which any judge is acting as chief judge, the state government may appoint any person, having 2the requisite qualifications, to act as chief judge or judge of the said court, as the case may be. 2 every person so appointed shall be authorised to perform the duties of the chief judge or a judge of the said court until the return of the absent chief judge or judge, or of the judge acting as chief judge, or until the state government sees cause to cancel the appointment of such acting chief judge or judges, as the case may be. 1. subs. by act 3 of , s. 3, for section 8a. 2. subs. by the a.o. .

section 5. of the presidency small cause courts act : there shall be in each of the towns of calcutta, madras and bombay a court, to be called the court of small causes of calcutta, madras or bombay, as the case may be.

section 3.. of the presidency small cause courts act : amendment of acts.rep. by s. 2 and schedule, ibid. 4.

section 4. of the presidency small cause courts act : in this act, the small cause court means the court of small causes constituted under this act in the town of calcutta, madras or bombay, as the case may be, 1 and the expression registrar includes a deputy registrar. 1. added by act 3 of , s. 2.

section 9. of the presidency small cause courts act : 19. procedure and practice of small cause court.1 the high court may, from time to time, by rules having the force of law, a prescribe the procedure to be followed and the practice to be observed by the small cause court either in supersession of or in addition to any provisions which were prescribed with respect to the procedure or practice of the small cause court on or before the thirtyfirst day of december, , in or under this act or any other enactment for the time being in force and 2aa empower the registrar to hear and dispose of undefended suits and interlocutory applications or matters, and b cancel or vary any such rule or rules. rules made under this section may provide, among other matters, for the exercise by one or more of the judges of the small cause court of any powers conferred on the small cause court by this act or any other enactment for the time being in force. 2 the law, and any rules and declarations made, or purporting to be made, thereunder, with respect to procedure or practice, in force or treated as in force in the small cause court on the thirtyfirst day of december, , shall be in force, unless and until cancelled or varied by rules made by the high court under this section. 1. subs. by act 1 of , s. 5, for section 9. 2. added by act 3 of , s. 4.

section 10. of the presidency small cause courts act : subject to such rules, the chief judge may, from time to time, make such arrangements as he thinks fit for the distribution of the business of the court among the various judges thereof.

section 17. of the presidency small cause courts act : the local limits of the jurisdiction of each of the small cause courts shall be the local limits for the time being of the ordinary original civil jurisdiction of the high court.

section 11. of the presidency small cause courts act : save as hereinafter otherwise provided, when two or more of the judges sitting together differ on any question, the opinion of the majority shall prevail and if the court is equally divided, the chief judge, if he is one of the judges so differing, or, in his absence, the judge first in rank and precedence of the judges so differing, shall have the casting voice.

section 12. of the presidency small cause courts act : the small cause court shall use a seal of such form and dimensions as are for the time being prescribed by the state government.

section 18. of the presidency small cause courts act : subject to the exceptions in section 19, the small cause court shall have jurisdiction to try all suits of a civil nature when the amount or value of the subjectmatter does not exceed two thousand rupees and a the cause of action has arisen, either wholly or in part, within the local limits of the jurisdiction of the small cause court, and the leave of the court has, for reasons to be recorded by it in writing, been given before the institution of the suit or b all the defendants, at the time of the institution of the suit, actually and voluntarily reside, or carry on business, or personally work for gain, within such local limits or c any of the defendants at the time of the institution of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, within such local limits, and either the leave of the court has been given before the institution of the suit, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution: 1 provided that where the cause of action has arisen wholly within the local limits aforesaid, and the court refuses to give leave for the institution of the suit, it shall record in writing its reason for such refusal. explanation i.when in any suit the sum claimed is, by a setoff admitted by both parties, reduced to a balance not exceeding two thousand rupees, the small cause court shall have jurisdiction to try such suit. explanation ii.where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging. explanation iii.a corporation or company shall be deemed to carry on business at its sole or principal office in 2 india, or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. 1. added by act 1 of , s. 7. 2. subs. by the a.o. no. 2 , for a part a state or a part c state.

section 14. of the presidency small cause courts act : the state government may invest the registrar with the powers of a judge under this act for the trial of suits in which the amount or value of the subjectmatter does not exceed twenty rupees. and, subject to the orders of the chief judge, any judge of the small cause court may, whenever he thinks fit, transfer from his own file to the file of the registrar any suit which the latter is competent to try. 1 explanation.for the purposes of this section an application for possession under section 41 shall be deemed to be a suit. 1. added by act 1 of , s. 6.

section 13. of the presidency small cause courts act : 113. appointment of registrar and other officers.there shall be appointed an officer to be called the registrar of the court who shall be the chief ministerial officer of the court there shall also be appointed a deputys registrar and as many clerks, bailiffs and other ministerial officers as may be necessary for the administration of justice by the court and for the exercise and performance of the powers and duties conferred and imposed on it by this act or any other law for the time being in force. the registrar and other officers so appointed shall exercise such powers and discharge such duties, of a ministerial nature, as the chief judge may, from time to time, by rule direct. 1. subs. by the a.o. , for s. 13.

section 15. of the presidency small cause courts act : no judge or other officer appointed under this act shall, during his continuance as such judge or officer, either by himself or as a partner of any other person, practise or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner, or be concerned, either on his own account or for any other person, or as the partner of any other person, in any trade or profession. any such judge or officer so practising, acting or concerned shall be deemed to have committed an offence under section 168 of the indian penal code 45 of . nothing herein contained shall be deemed to prohibit any such judge or officer from being a member of any company incorporated or registered under royal charter, letters patent, 1 act of parliament of the united kingdom or central act or provincial act or 2 state act. 1. subs. by the a.o. , for certain words. 2. subs. by the a.o. no. 2 , for act of the legislature of a part a state or a part c state.

section 16., under act to he decided according to law administered by high court. of the presidency small cause courts act : all questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this act in the small cause court shall be dealt with and determined according to the law for the time being administered by the high court in the exercise of its ordinary original civil jurisdiction.

section 19a. of the presidency small cause courts act : 119a. return of plaint.whenever the court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a court having jurisdiction to determine the question. when the court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the 2code of civil procedure 14 of and make such order with respect to costs as it may think just, and the court shall for the purposes of the indian limitation act, 15 of be deemed to have been unable to entertain the suit by reason of defect of jurisdiction. when a plaint so returned is afterwards presented to a high court, credit shall be given to the plaintiff for the amount of the courtfee paid in the small cause court in respect of the plaint in the levy of any fees which according to the practice of the high court are credited to the government. 1. added by act 1 of , s. 9. 2. see now the relevant provision of the code of civil procedure, act 5 of .

section 24. of the presidency small cause courts act : except in cases of setoff under the 1code of civil procedure 14 of , section 111, no written statement shall be received unless required by the court. 1. see now the code of civil procedure, act 5 of .

section 25. of the presidency small cause courts act : when a period of eight days from the decision of a suit has expired without any application for a new trial or rehearing of such suit having been made, or when any such application has been made within such period and such application has been refused, or the new trial or rehearing as the case may be has ended, any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under section 143 of the 3code of civil procedure 14 of , be entitled to receive back the same: provided that a document may be returned at any time before any of such events on such terms as the court may direct: provided also that no document shall be returned which, by force of the decree, has become void or useless. on the return of a document which has been admitted in evidence, a receipt shall be given, by the party receiving it, in a receiptbook to be kept for the purpose.

section 18a. of the presidency small cause courts act : 118a. plaintiff may abandon suit against defendant resident out of jurisdiction.the small cause court may allow a plaintiff at or before the first hearing of a suit in which a joint and several liability is alleged on a cause of action arising either wholly or in part within the local limits of the jurisdiction of the court to abandon the suit as against any defendant who does not reside or carry on business or personally work for gain within such local limits, and to sue for a decree against such defendants only as do so reside, carry on business or personally work for gain. 1. added by act 1 of , s. 8.

section 19. of the presidency small cause courts act : the small cause court shall have no jurisdiction in a suits concerning the assessment or collection of the revenue 1b suits concerning any act done by or by order of the central government, 2 or the state government c suits concerning any act ordered or done by any judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any court or any such judge or judicial officer d suits for the recovery of immovable property . e suits for the partition of immovable property f suits for the foreclosure or redemption of a mortgage of immovable property g suits for the determination of any other right to or interest in immovable property h suits for the specific performance or rescission of contracts i suits to obtain an injunction j suits for the cancellation or rectification of instruments k suits to enforce a trust l suits for a general average loss and suits on policies of insurance on sea going vessels m suits for compensation in respect of collisions on the high seas n suits for compensation for the infringement of a patent, copyright or trademark o suits for a dissolution of partnership or for an account of partnershiptransactions p suits for an account of property and its due administration under the decree of the court q suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise of marriage r suits for the restitution of conjugal rights 3 or for a divorce s suits for declaratory decrees t suits for possession of a hereditary office u suits against sovereign princes or ruling chiefs, or against ambassadors or envoys of foreign states v suits on any judgment of a high court w suits the cognizance whereof by the small cause court is barred by any law for the time being in force. 1. subs. by the a.o. . 2. the words the crown representative omitted by the a.o. . 3. the words for the recovery of a wife rep. by act 10 of , s. 3 and the second schedule

section 20. of the presidency small cause courts act : when the parties to a suit, which, if the amount or value of the subjectmatter thereof did not exceed two thousand rupees, would be cognizable by the small cause court, have entered into an agreement in writing that the small cause court shall have jurisdiction to try such suit, the court shall have jurisdiction to try the same, although the amount or value of the subjectmatter thereof may exceed two thousand rupees. every such agreement shall be filed in the small cause court, and, when so filed, the parties to it shall be subject to the jurisdiction of the court, and shall be bound by its decision in such suit.

section 21. of the presidency small cause courts act : all suits to which an officer of the small cause court is, as such, a party, except suits in respect of property taken in execution of its process, or the proceeds or value thereof 1 and all suits whereof the amount or value of the subjectmatter exceeds one thousand rupees may be instituted in the high court at the election of the plaintiff as if this act had not been passed. 2. ins. by act 1 of , s. 10.

section 27. of the presidency small cause courts act : whenever the small cause court issues a warrant for the arrest of a judgmentdebtor on the attachment of his property, the decreeholder, or some other person on his behalf, shall accompany the officer of the court entrusted with the execution of such warrant, and shall point out to such officer the judgmentdebtor or the property to be attached, as the case may be.

section 29. of the presidency small cause courts act : whenever any judgmentdebtor, who has been arrested or whose property has been seized in execution of a decree of the small cause court, offers security to the satisfaction of such court for payment of the amount which he has been ordered to pay and the costs the court may order him to be discharged or the property to be released.

section 22. of the presidency small cause courts act : if any suit cognizable by the small cause court other than a suit to which section 21 applies, is instituted in the high court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than 1 one thousand rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no costs shall be allowed to the plaintiff and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client. the foregoing rules shall not apply to any suit in which the judge who tries the same certifies that it was one fit to be brought in the high court. 23. subs. by s. 14, ibid., for two thousand.

section 23. of the presidency small cause courts act : portions of civil procedure code extending to court. rep. by presidency small cause courts act 1 of , s. 12.

section 26. of the presidency small cause courts act : in any suit in which the defendant appears and does not admit the claim, and the plaintiff does not obtain a decree for the full amount of his claim, the small cause court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. when any claim preferred, or objection made, under section 278 of the 1code of civil procedure 14 of , is disallowed, the small cause court may in its discretion order the person preferring or making such claim or objection to pay to the decreeholder, or to the judgmentdebtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. and when any claim or objection is allowed the court may award such compensation by way of damages to the claimant or objector as it thinks fit and the order of the court awarding or refusing such compensationbar any suit in respect of injury caused by the attachment. any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the court. 1ins. by act 4 of , s. 2.

section 32. of the presidency small cause courts act : notwithstanding anything contained in the 1code of civil procedure 14 of as applied by this act, any minor may institute a suit for any sum of money, not exceeding five hundred rupees, which may be due to him under section 70 of the indian contract act, 9 of , for wages or piece work or for work as a servant, in the same manner as if he were of full age. 1. see now the code of civil procedure, act 5 of .

section 28. of the presidency small cause courts act : when the judgmentdebtor under any decree of the small cause court is a tenant of immovable property, anything attached to such property, and which he might before the termination of his tenancy lawfully remove without the permission of his landlord, shall, for the purpose of the execution of such decree 1 and for the purpose of deciding all questions arising in the execution of such decree, be deemed to be movable property, and may, if sold in such execution, be severed by the purchaser, but shall not be removed by him from the property until he has done to the property whatever the judgmentdebtor would have been bound to do to it if he had removed such thing. 1. ins. by act 4 of , s. 2.

section 30. of the presidency small cause courts act : whenever it appears to the small cause court that any judgmentdebtor under its decree is unable, from sickness, poverty or other sufficient cause, to pay the amount of the decree, or, if such court has ordered the same to be paid in instalments, the amount of any instalment thereof, it may, from time to time, for such time and upon such terms as it thinks fit, suspend the execution of such decree and discharge the debtor, or make such order as it thinks fit.

section 36. of the presidency small cause courts act : every decree and order made by the registrar in any suit or proceeding shall be subject to the same provisions in regard to new trial as if made by a judge of the court.

section 31. of the presidency small cause courts act : if the judgmentdebtor under any decree of the small cause court has not, within the local limits of its jurisdiction, movable property sufficient to satisfy the decree, the court may, on the application of the decreeholder, send the decree for execution a in the case of execution against immovable property situate within such local limits1 to the madras city civil court or the high court of judicature at fort william or bombay, as the case may be b in all other casesto any civil court within the local limits of whose jurisdiction such judgmentdebtor, or any movable or immovable property of such judgmentdebtor, may be found. procedure when decree transferred.the procedure prescribed by the 2code of civil procedure 14 of for the execution of decrees by courts other than those which made them shall be the procedure followed in such cases. 1. subs. by act 7 of , s. 12, for to the high court. 2. see now the code of civil procedure, act 5 of .

section 38. of the presidency small cause courts act : 138. new trial of contested cases. where a suit has been contested, the small cause court may, on the application of either party, made within eight days from the date of the decree or order in the suit not being a decree passed under section 522 of the 1code of civil procedure 14 of , order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings. explanation. every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant. 1. see now the code of civil procedure, act 5 of .

section 33. of the presidency small cause courts act : any nonjudicial or quasijudicial act which the 1code of civil procedure 14 of as applied by this act requires to be done by a judge, and any act which may be done by a commissioner appointed to examine and adjust accounts under section 394 of that code as so applied, may be done by the registrar of the small cause court or by such other officer of that court as that court may, from time to time, appoint in this behalf. the high court may, from time to time, by rule, declare what shall be deemed to be nonjudicial and quasijudicial acts within the meaning of this section. 1. see now the code of civil procedure, act 5 of .

section 34. of the presidency small cause courts act : the suits cognizable by the registrar under section 14 shall be heard and determined by him in like manner in all respects as a judge of the court might hear and determine the same: proviso.provided that, subject to the control of the chief judge, any judge of the court may, whenever he thinks fit, transfer to his own file any suit on the file of the registrar.

section 37. of the presidency small cause courts act : 137. general finality of decrees and orders of small cause courtsave as otherwise provided by this chapter or by any other enactment for the time being in force, every decree and order of the small cause court in a suit shall be final and conclusive. 1. subs. by act 1 of , s. 13, for chapter vi.

section 35. of the presidency small cause courts act : the registrar may receive applications for the execution of decrees of any value passed by the court, and may commit and discharge judgmentdebtors, and make any order in respect thereof which a judge of the court might make under this act.

section 42. of the presidency small cause courts act : the summons shall be served on the occupant in the manner provided by the 1code of civil procedure 14 of for the service of a summons on a defendant. 1. see now the code of civil procedure, act 5 of .

section 39. of the presidency small cause courts act : 139. removal of certain causes into high court. 1 in any suit instituted in a small cause court in which the amount of value of the subjectmatter exceeds the sum of one thousand rupees, the defendant or any one of the defendants may, before the day fixed by the summons for the appearance of the defendant or within eight days after the service of the summons on him, whichever period shall last expire, apply ex parte on an affidavit setting forth the facts on which he relies for his defence to a judge of the high court for an order removing the cause into the high court. 12 unless the judge is of opinion that the application has been made solely for the purpose of delay, the applicant shall be entitled to such order as of right: provided that the removal directed by such order shall, unless the judge otherwise directs, be conditional upon the applicant giving security, to the approval of the judge, within a reasonable time to be prescribed in the order for the payment of the amount claimed and of the costs which may become payable by him to the plaintiff in respect of the said suit. 3 if the applicant fail or neglect to complete the required security if any within the prescribed time if any, the said order shall be discharged and the suit shall proceed in the small cause court as if such order had never been made. 4 if the plaintiff in any case which has been removed under this section into the high court has abandoned a portion of his claim in order to be able to bring the suit within the jurisdiction of a small cause court, he shall be permitted to revive the portion of his claim so abandoned. 1. subs. by act 4 of , s. 3, for subsection 2.

section 46. of the presidency small cause courts act : nothing herein contained shall be deemed to protect any applicant obtaining possession of any property under this chapter from a suit by any person deeming himself aggrieved thereby, when such applicant was not at the time of applying for such order as aforesaid entitled to the possession of such property. application for order in such case an act of trespass.and when the applicant was not, at the time of applying for any such order as aforesaid, entitled to the possession of such property, the application for such order, though no possession is taken thereunder, shall be deemed to be an act of trespass committed by the applicant against the occupant.

section 40. of the presidency small cause courts act : 140. rules with respect to suits removed under the last foregoing section.1 when a suit has been removed into the high court under the last foregoing section, it shall be heard and disposed of by such court in the exercise of its original jurisdiction, and the said court shall have all the same powers and jurisdiction in respect thereof as if it had been originally instituted such court. 2 in every suit so removed as aforesaid the affidavit filed under section 39, subsection 1, shall be treated as a written statement of the defendant tendered under section 110 of the 1code of civil procedure 14 of , unless the court shall otherwise order. 3 in every suit so removed as aforesaid credit shall be given to the plaintiff for the amount of the courtfee paid in the small cause court in respect of the plaint in the levy of any fees which according to the practice of the high court are payable to the government. 1. see now the code of civil procedure, act 5 of .

section 41. of the presidency small cause courts act : when any person has had possession of any immovable property situate within the local limits of the small cause courts jurisdiction and of which the annual value at a rackrent does not exceed 1two thousand rupees, as the tenant, or by permission, of another person, or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him hereinafter called the occupant refuses to deliver up such property in compliance with a request made to him in this behalf by such other person, such other person hereinafter called the applicant may apply to the small cause court for a summons against the occupant, calling upon him to show cause, on a day therein appointed, why he should not be compelled to deliver up the property. 1. subs. by act 9 of , s. 2, for one.

section 48. of the presidency small cause courts act : in all proceedings under this chapter, the small cause court shall, as far as may be and except as herein otherwise provided, follow the procedure prescribed for a court of first instance by the 1code of civil procedure 14 of . 1. see now the code of civil procedure, act 5 of .

section 49. of the presidency small cause courts act : recovery of the possession of any immovable property under this chapter shall be no bar to the institution of a suit in the high court for trying the title thereto.

section 45. of the presidency small cause courts act : when the applicant, at the time of applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode of proceeding to obtain possession thereunder, to be a trespasser but any person aggrieved may bring a suit for the recovery of compensation for any damage which he has sustained by reason of such error, defect or irregularity: when no such damage is proved, the suit shall be dismissed and when such damage is proved but the amount of the compensation assessed by the court does not exceed ten rupees, the court shall award to the plaintiff no more costs than compensation, unless the judge who tries the case certifies that in his opinion full costs should be awarded to the plaintiff.

section 51. of the presidency small cause courts act : 151. appointment of bailiffs and appraisers. four or more persons shall be appointed bailiffs and appraisers for the purposes of this chapter. 1. subs. by the a.o. , for section 51.

section 53. of the presidency small cause courts act : any person claiming to be entitled to arrears of rent of any house or premises to which this chapter extends, or his duly constituted attorney, may apply to any judge of the small cause court, or to the registrar of the small cause court, for such warrant as is hereinafter mentioned. the application shall be supported by an affidavit or affirmation to the effect of the form marked a in the third schedule hereto annexed.

section 43. of the presidency small cause courts act : if the occupant does not appear at the time appointed and show cause to the contrary, the applicant shall, if the small cause court is satisfied that he is entitled to apply under section 41, be entitled to an order addressed to a bailiff of the court directing him to give possession of the property to the applicant on such day as the court thinks fit to name in such order. explanation.if the occupant proves that the tenancy was created or permission granted by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section.

section 44. of the presidency small cause courts act : any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants, as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any judge or officer of the small cause court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.

section 47. of the presidency small cause courts act : whenever on an application being made under section 41 the occupant binds himself, with two sureties, in a bond for such amount as the small cause court thinks reasonable, having regard to the value of the property and the probable costs of the suit next hereinafter mentioned, to institute without delay a suit in the high court against the applicant for compensation for trespass and to pay all the costs of such suit in case he does not prosecute the same or in case judgment therein is given for the applicant, the small cause court shall stay the proceedings on such application until such suit is disposed of. if the occupant obtains a decree in any such suit against the applicant, such decree shall supersede the order if any made under section 43. nothing contained in section 22 shall apply to suits under this section.

section 50. of the presidency small cause courts act : this chapter extends to every place within the local limits of the ordinary original civil jurisdictions of the high courts of judicature at fort william, madras and bombay. but nothing contained in this chapter applies a to any rent due to government b to any rent which has been due for more than twelve months before the application mentioned in section 53.

section 55. of the presidency small cause courts act : every distress under this chapter shall be made after sunrise and before sunset, and not at any other time.

section 52. of the presidency small cause courts act : the persons so appointed 1 shall be deemed to be public servants within the meaning of the indian penal code 45 of . 1. certain words omitted, ibid.

section 54. of the presidency small cause courts act : the judge or registrar may thereupon issue a warrant under his hand and seal and returnable within six days, to the effect of the form marked b contained in the same schedule, addressed to any one of such bailiffs. the judge or registrar may at his discretion, upon personal examination of the person applying for such warrant, decline to issue the same.

section 62. of the presidency small cause courts act : in any case under section 60 or section 61 the judge by whom the case is heard may award such compensation by way of damages to the applicant or claimant as the case may be as the judge thinks fit, and may for that purpose make any inquiry he thinks necessary and the order of the judge awarding or refusing such compensation shall bar any suit for the recovery of compensation for any damage caused by the distress.

section 63. of the presidency small cause courts act : in any case under section 60 or section 61, if the value of the subjectmatter in dispute exceeds one thousand rupees, the applicant of claimant may apply to the high court to transfer the case to itself, and the high court, on being satisfied that it is expedient that the case should be disposed of by itself, may direct the case to be transferred accordingly, and may thereupon alter or set aside any order passed in the case by a judge of the small cause court, and may make such order therein as the high court thinks fit. every application under this section shall be made within seven days from the date of the seizure of the subjectmatter in dispute. in granting applications under this section, the high court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit. the procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the high court in the exercise of its ordinary original civil jurisdiction and orders made under this section may be executed as if they were made in the exercise of such jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the recovery of compensation for any damage caused by the distress which gave rise to the case wherein such order was made.

section 56. of the presidency small cause courts act : the bailiff directed to make the distress may force open any stable, outhouse or other building, and may also enter any dwellinghouse, the outer door of which may be open, and may break open the door of any room in such dwellinghouse for the purpose of seizing property liable to be seized under this chapter: provided that he shall not enter or break open the door of any room appropriated for the zenana or residence of woman, which by the usage of the country is considered private.

section 57. of the presidency small cause courts act : in pursuance of the warrant aforeasaid, the bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant and belonging to the person from whom the rent is claimed hereinafter called the debtor, or such part thereof as may, in the bailiffs judgment, be sufficient to cover the amount of the said rent, together with the costs of the said distress: provided that the bailiff shall not seize a things in actual use or b tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover such amount and costs or c the debtors necessary wearing apparel or d goods in the custody of the law.

section 64. of the presidency small cause courts act : in default of any order to the contrary by a judge of the small cause court or by the high court, any two of the said bailiffs may, at the expiration of five days from a seizure of property under this chapter, appraise the property so seized, and give the debtor notice in writing to the effect of the form marked d in the third schedule hereto annexed. notice of sale.the bailiffs shall file in the small cause court a copy of every notice given under this section.

section 58. of the presidency small cause courts act : the bailiff may impound or otherwise secure the property so seized in or on the house or premises chargeable with the rent.

section 59. of the presidency small cause courts act : on seizing any property under section 57 the bailiff shall make an inventory of such property and shall give a notice in writing to the effect of the form marked c in the third schedule hereto annexed to the debtor, or to any other person upon his behalf in or upon the said house or premises. copies of inventory and notice to be filed.the bailiff shall, as soon as may be, file in the small cause court copies of the said inventory and notice.

section 61. of the presidency small cause courts act : if any claim is made to, or in respect of, any property seized under this chapter, or in respect of the proceeds or value thereof, by any person not being the debtor, the registrar of the small cause court, upon the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant. and thereupon any suit which may have been brought in the high court in respect of such claim shall be stayed, and any judge of the high court, on proof of the issue of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such suit after the issue of such summons. and a judge of the small cause court shall adjudicate upon such claim and make such order between the parties in respect thereof and of the costs of the proceedings as he thinks fit and such order shall be enforced as if it were an order made in a suit brought in such court. the procedure in small cause courts in cases under this section shall conform, as far as may be, to the procedure in an ordinary suit in such courts.

section 60. of the presidency small cause courts act : the debtor or any other person alleging himself to be the owner of any property seized under this chapter, or the duly constituted attorney of such debtor or other person, may, at any time within five days from such seizure, apply to any judge of the said court to discharge or suspend the warrant, or to release a distrained article, and such judge may discharge or suspend such warrant or release such article accordingly, upon such terms as he thinks just, and any of the judges of the said court may in his discretion give reasonable time to the debtor to pay the rent due from him. upon any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the judge, and shall be paid as he directs.

section 72. of the presidency small cause courts act : the fees specified in the third and fourth columns of the fourth schedule hereto annexed shall be paid previous to the issue in any suit or in any proceeding under chapter vii of this act of the processes, to which the said columns respectively relate, by the persons on whose behalf such processes are issued, when the amount or value of the subjectmatter exceeds the sum specified in the first column, but does not exceed the sum specified in the second column of the said schedule.

section 65. of the presidency small cause courts act : in default of any such order to the contrary, the distrained property shall be sold on the day mentioned in such notice, and the said bailiffs shall, on realizing the proceeds, pay over the amount thereof to the registrar of the small cause court and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt and the surplus, if any, shall be returned to the debtor: provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned.

section 66. of the presidency small cause courts act : no costs of any distress under this chapter shall be taken or demanded except those mentioned in the part marked e of the third schedule hereto annexed. 1 1. second paragraph omitted by the a.o. .

section 67. of the presidency small cause courts act : the registrar of the small cause court shall keep a book in which all sums received as costs upon distresses made under this chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. he shall also enter in the said book all sums realised by sale of the property distrained and paid over to landlords under the provisions of this chapter.

section 71. of the presidency small cause courts act : a fee not exceeding a when the amount or value of the subjectmatter does not exceed five hundred rupeesthe sum of two annas in the rupee on such amount or value, b when the amount of value of the subjectmatter exceeds five hundred rupeesthe sum of sixtytwo rupees eight annas, and one anna in the rupee on the excess of such amount or value over five hundred rupees, shall be paid on the plaint in every suit, and every application under 1 section 41 and no such plaint or application shall be received until such fee has been paid. an additional fee of ten rupees shall be paid on the filing of every agreement under section 20. 1. the words and figures section 38 or rep. by act 7 of .

section 69. of the presidency small cause courts act : 169. reference when compulsory.1 if two or more judges of the small cause court sit together in any suit, or in any proceeding under chapter vii of this act, and differ in their opinion as to any question of law or usage having the force of law or the construction of a document, which construction may affect the merits, or if in any suit or in any such proceeding, in which the amount or value of the subjectmatter exceeds five hundred rupees, any such question arises upon which the court entertains reasonable doubt, and either party so requires, the small cause court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the point for the opinion of the high court and the provisions of sections 619 to 621 of the 2code of civil procedure 14 of , shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 of the said code. 2 when the small cause court refers any question for the opinion of the high court as provided in subsection 1, it shall either reserve judgment or give judgment contingent upon such opinion. 1. subs. by act 4 of , s. 4, for section 69. 2. see now the code of civil procedure, act 5 of .

section 74. of the presidency small cause courts act : the small cause court may, whenever it thinks fit, receive and register suits instituted, and applications under section 41 made by poor persons, and may issue processes on behalf of such persons, without payment or on a partpayment of the fees mentioned in sections 71 and 72.

section 68. of the presidency small cause courts act : no distress shall be levied for arrears of rent except under the provisions of this chapter. penalty for making illegal distresses. and any person, except a bailiff appointed under section 51, levying or attempting to levy any such distress, shall, on conviction before a presidency magistrate, be liable to be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings.

section 70. of the presidency small cause courts act : when judgment is given under section 69 contingent upon the opinion of the high court, the party against whom such judgment is given shall at once furnish security, to be approved by the small cause court, for the costs of the reference to the high court and for the amount of such judgment: provided that no security for the amount of such judgment shall be required in any case in which the judge who tried the case has ordered such amount to be paid into court, and the same has been paid accordingly. if no such security given, party to be deemed to have submitted to judgment.unless such security as aforesaid is at once furnished, the party against whom such contingent judgment has been given shall be deemed to have submitted to the same.

section 73. of the presidency small cause courts act : whenever any such suit or proceeding is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the small cause court to the parties by whom the same have been respectively paid.

section 76. of the presidency small cause courts act : the expense of employing an advocate, vakil, attorney or other legal practitioner incurred by any party shall not be allowed as costs in any suit or in any proceeding under chapter vii of this act, in the small cause court, in which suit or proceeding the amount or value of the subjectmatter does not exceed twenty rupees, unless thecourt is of opinion that the employment of such practitioner was under the circumstances reasonable.

section 81. of the presidency small cause courts act : for the purposes of any inquiry under this chapter, the small cause court shall have all the powers of summoning and enforcing the attendance of witnesses and compelling the production of documents which it possesses in suits under this act.

section 75. of the presidency small cause courts act : the state government may from time to time, by notification in the official gazette, vary amount of the fees payable under sections 71 and 72: provided that the amount of such fees shall in no case exceed the amount prescribed by the said sections.

section 79. of the presidency small cause courts act : if any clerk, bailiff or other inferior ministerial officer of the small cause court who is employed as such in the execution of any order or warrant, loses, by neglect, connivance or omission, an opportunity of executing such order or warrant, he shall be liable, by order of the chief judge, on the application of the person injured by such neglect, connivance or omission, to pay such sum, not exceeding in any case the sum for which the said order or warrant was issued, as, in the opinion of the chief judge, represents the amount of the damage sustained by such person thereby.

section 82. of the presidency small cause courts act : any order under this chapter for the payment or repayment of money may, in default of payment of the amount payable thereunder, be enforced by the person to whom such amount is payable as if the same were a decree of the small cause court in his favour.

section 77. of the presidency small cause courts act : nothing contained in this chapter shall affect the provisions of sections 3, 5 and 25 of the courtfees act, 7 of .

section 80. of the presidency small cause courts act : if any clerk, bailiff or other inferior ministerial officer of the small cause court is charged with extortion or misconduct while acting under colour of its process, or with not duly paying or accounting for any money levied by him under its authority, the court may inquire into such charge, and may make such order for the repayment or payment of any money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such officer, as it thinks fit.

section 78.. of the presidency small cause courts act : power to fine officers. rep. by the a.o. .

section 87. of the presidency small cause courts act : if any witness before the small cause court refuses to answer such questions as are put to him, or to produce any document in his possession or power which the court requires him to produce, and does not offer any reasonable excuse for such refusal, the court may sentence him to simple imprisonment, or commit him to the custody of an officer of the court, for any term not exceeding seven days, unless in the meantime such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 1480 or section 482 of code of criminal procedure, 5 of . 1. subs. by act 10 of , s. 2 and the first schedule. 2. now isee/i act 2 of .

section 83.. of the presidency small cause courts act : procedure of court in certain cases of contempt. rep. by the repealing and amending act, 10 of , s. 3 and the second schedule.

section 90. of the presidency small cause courts act : the small cause court shall keep such registers, books and accounts, and submit to the high court such statements and returns, as may, subject to the approval of the state government, be prescribed by the high court.

section 84.. of the presidency small cause courts act : record in such cases. rep. by s. 3 and the second schedule, ibid.

section 85.. of the presidency small cause courts act : procedure where court considers that case should not be dealt with under section 83. rep. by s. 3 and the second schedule, ibid.

section 86.. of the presidency small cause courts act : discharge of offender on submission or apology. rep. by s. 3 and the second schedule, ibid.

section 89. of the presidency small cause courts act : notices to produce documents, summonses to witnesses, and all other processes issued in the exercise of any jurisdiction conferred on the small cause court by this act, except summonses to defendants and writs of execution, may, if the court by general or special order so directs, be served by such persons as the court, from time to time, appoints in this behalf.

section 93. of the presidency small cause courts act : the president 1, the governors of 2madras, 3bombay and 4west bengal, 5 6 and the chief justice and judges of the high courts 7, shall not be liable to arrest by order of the small cause court. 1. the words and members of his council rep. by the a.o. . 2. subs. by the a.o. , for fort st. george. 3. subs. by act 7 of , s. 7 and the schedule e, for and bombay. 4. subs. by a.o. , for fort william in bengal. 5. the words and the members of their respective councils rep, by the a o.. 6. the words the lieutenantgovernor of bengal omitted by act 7 of , s. 7 and the schedule e. 7. the words and letter for part a states omitted by the a.o. no. 2 .

section 88. of the presidency small cause courts act : any person deeming himself aggrieved by an order under 3 section 87 may appeal to the high court, and the provisions of the 1code of criminal procedure, 5 of , relating to appeal shall, so far as may be, apply to appeals under this section. 1. the words and figures section 83 or omitted by act 10 of , s. 3 and the second schedule. 2. subs. by act 10 of , s. 2 and the first schedule 3. now see act 2 of .

section 91., called for by state government or high court. of the presidency small cause courts act : the small cause court shall comply with such requisitions as may, from time to time, be made by the state government or high court for records, returns and statements in such form and manner as such government or court, as the case may be, thinks fit.

section 92. of the presidency small cause courts act : the small cause court shall, at the commencement of each year, draw up a list of holidays and vacations to he observed in the court, and shall submit the same for the approval of the state government. such list, when it has received such approval, shall be published in the official gazette, and the said holidays and vacations shall be observed accordingly.

section 97. of the presidency small cause courts act : all prosecutions for anything purporting to be done under this act must be commenced within three months after the offence was committed.

section 94. of the presidency small cause courts act : no suit shall lie on any decree of the small cause court.

section 96. of the presidency small cause courts act : if any person against whom any suit is brought for anything purporting to be done by him under this act, has before the institution of the suit, tendered sufficient amends to the plaintiff, the plaintiff shall not recover.

section 95. of the presidency small cause courts act : any person ordered by the small cause court to be imprisoned may be imprisoned in such place as the state government, from time to time, appoints in this behalf.

section 1. of the presidency small cause courts act : show related subordinates this act may be called the presidency small cause courts act, and it shall come into force on the first day of july, . but nothing herein contained shall affect the provisions of the army act, 1 44 45 vict., c. 58 section 151, or the rights or liabilities of any person under any decree passed before that day. 1. the figures rep. by act 12 of , s. 2 and the first schedule. rules yeardescriptionfiles presidency small cause courts act,

section 1. of the bengal bonded warehouse association act : it is hereby enacted, that the persons whose names appear in the schedule no. 1, hereunto annexed, shall, from the 14th day of march, , form a corporate body for the warehousing of goods, either in bond or otherwise, by the name of the bengal bonded warehouse association

section 8. of the bengal bonded warehouse association act : 1 the business of the said association shall be managed by six directors, and 2 francis macnaghten, joseph walker, jasper ouseley, richard howe cockerell, alexander colvin, joseph willis, and james church, esquires, shall be the first directors of the said association 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 2. of the bengal bonded warehouse association act : 1 the said association shall sue and be sued by its corporate name, and shall use such common seal as the directors of the said association shall from time to time appoint, and may acquire, may hold absolutely, may hold by way of pledge, and may transfer, any description of property whatever 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 3. of the bengal bonded warehouse association act : 1 the sum of rs. 10,00,000 subscribed for the purpose of the said association by the persons hereby incorporated, shall be the capital stock of the said association, and shall be divided into 2,000 shares of 500 rupees each, and 2 every one of the persons hereby incorporated shall have one share of such capital stock for every 500 rupees which such person shall have subscribed. 1. the word that omitted by act 12 of s. 2 and sch. i. 2. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 9. of the bengal bonded warehouse association act : 1 every director of the said association may be removed by a general meeting of the proprietors, and 2 every future director of the said association shall be elected by such a general meeting 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 10. of the bengal bonded warehouse association act : 1 a rotation among the directors of the said association shall be settled by lot, so that two of the said directors may go out of office on the monday following the 15th day of may, in every year, and 2 on the monday following the 15th day of may, in every year, a general meeting of proprietors shall be held, at which two directors shall be chosen, and that no director going out by such rotation shall be capable of being reelected, till the monday after the 15th of may in the year next following.

section 4. register to be open to inspection. of the bengal bonded warehouse association act : 1 the directors of the said association shall cause the names, additions, and places of residence of the proprietors of shares in the said capital stock, and the number of shares held by each proprietor, to be registered in a book, and the said shares shall in such book be numbered, beginning from no. 1, and such book shall be kept at the office of the said association, register to be open to inspection.and shall there be open to the inspection of all persons during the usual hours of business. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 11. of the bengal bonded warehouse association act : 1 if any director of the said association shall cease to be a director, otherwise than by the operation of the rule of rotation aforesaid, the directors of the said association shall, with all convenient speed after such public notice as is hereinafter directed, call an extraordinary general meeting of the proprietors for the purpose of choosing a successor and such successor shall come into the same place in the rotation aforesaid in which the director whom he has succeeded was. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 5. of the bengal bonded warehouse association act : 1 a certificate signed by three directors of the said association shall be delivered to every proprietor of the said capital stock, and 2 it shall be at the option of every proprietor of several shares to receive one certificate for all the shares of such proprietor, or one certificate for each of those shares or several certificates, each of which may be for any number of those shares. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i ibid.

section 13. of the bengal bonded warehouse association act : 1 no person shall be capable of being a director of the said association, unless he be resident within the territories subject to the presidency of fort william in bengal 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 6. of the bengal bonded warehouse association act : 1 any share or shares of the said capital stock may be transferred by indorsement made on the certificate for such share or shares by the proprietor of such share or shares, or by the attorney of such proprietor duly authorized thereunto provided always, that such indorsement shall specify the name of the party to whom the transfer is made and provided also that no such indorsement shall be effectual to transfer any such share or shares until such indorsement shall have been registered in a register to be kept for that purpose at the office of the said association, and until a note of such registration, and of the date thereof, shall have been made on the back of the indorsed certificate under the hand of an officer appointed for that purpose by the directors of the said association. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 7. of the bengal bonded warehouse association act : 1 every proprietor of a share of the said capital stock, who shall cease to be a proprietor of such stock, shall cease to be a member of the corporation created by this act and 2 every person who shall become a proprietor of the said capital stock, shall become a member of the corporation created by this act and shall, in respect of his share or shares of the said capital stock, be under the same liabilities under which an original proprietor of the said capital stock would be. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 12. of the bengal bonded warehouse association act : qualifications of directors.repealed by act 5 of , section 1.

section 15. of the bengal bonded warehouse association act : 1 any ordinary general meeting of the said association may adjourn itself to a future day, and may, on the day to which it shall have so adjourned itself, resume its proceedings, and transact any business which it would have been competent to transact on the day when it originally assembled. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 14. of the bengal bonded warehouse association act : ordinary meetings.repealed by act 5 of , section 1.

section 17. of the bengal bonded warehouse association act : 1 at general meetings of the proprietors, every election and question shall be decided by a majority of votes and qualifications for voting.2 no proprietor shall be allowed to vote unless he be possessed of two or more shares of the capital stock of the said association, which shares shall have been registered in his name not less than three calendar months before. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 16. of the bengal bonded warehouse association act : 1 extraordinary general meetings of the said association shall be held according to such rules as may be made for that purpose, in the byelaws of the said association provided always, that no such extraordinary general meeting shall be held without a previous notice of not less than fourteen days, which notice shall be published in not less than two newspapers printed at calcutta. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 22. of the bengal bonded warehouse association act : 1 the directors of the said association shall have authority to call on the proprietors to pay such instalment or instalments as shall, together with the instalments already paid, amount to a sum not exceeding 50 per cent. on each share and 1 no further call shall be made, except in consequence of a vote of a general meeting of the proprietors, authorising such further call provided always that no proprietor shall be called upon to pay more in proportion to his share in the capital stock than any other proprietor. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 19. of the bengal bonded warehouse association act : 1 if more persons than one, being partners in trade, shall be joint proprietors of two or more shares of the said capital stock, and shall agree to give a joint vote or joint votes, such joint vote or joint votes, shall be received in all respects as the vote or votes of a single proprietor would be received 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 21. of the bengal bonded warehouse association act : 1 the directors of the said association shall have authority to expend the money of the said association for the purpose of purchasing and erecting warehouses, and of warehousing and bonding goods therein, and to make and fulfil contracts for the said purpose, and to appoint and remove such servants as may be necessary for the said purpose and generally to manage all the concerns of the said association, subject to such rules as may be laid down in the byelaws of the said association, and to keep the seal of the said association, and to use the said seal in the affairs of the said association, provided always, that the said seal shall never be affixed to any instrument except in the presence and by the consent of three directors, who shall sign their names on every such instrument in token of their presence and consent. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 18. of the bengal bonded warehouse association act : 1 at such general meetings, no proprietor shall have more than eight votes, and 2 the proprietors shall vote according to the following scale: 2 shares shall entitle to 1 vote. 4 2 votes. 6 3 10 4 20 6 35 7 50 8 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 20. of the bengal bonded warehouse association act : 1 every proprietor entitled to vote at any general meeting may give a proxy in writing, general or special, limited or unlimited, and signed by himself or by his attorney duly authorized thereunto, to any other proprietor and 2 the proprietor to whom the proxy is given, may vote on behalf of the proprietor who had given the proxy, according to the terms of such proxy. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by s. 2 and sch. i, ibid.

section 29. of the bengal bonded warehouse association act : 1 all suits brought against the said association shall be brought in the supreme court of judicature at fort william in bengal and not elsewhere. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 23. application of dividend in satisfaction of unpaid calls. of the bengal bonded warehouse association act : 1 if any proprietor shall not pay any instalment which he is lawfully called upon to pay, in the manner described in the last section, on the day appointed for such payment, the said association shall have a claim against such proprietor for interest on the deficient sum, after the rate of 10 per cent. per annum and application of dividend in satisfaction of unpaid calls.1 it shall be lawful for the directors of the said association to apply, in satisfaction of such instalment and of such interest, any dividend due to such proprietor, placing every dividend so applied to the credit of such proprietor with the said association 1. the words and it is hereby enacted, that omitted by s. 2 and sch. i, ibid. 2. the word that omitted by act 12 of , s. 2 and sch. i.

section 26. of the bengal bonded warehouse association act : 1 it shall be lawful for the said association to give general security, by bond, under the seal of the said association, for payment of the full duties of importation on goods, lodged in any warehouse of the said association, or for the due exportation of such goods and if the said association shall give such bond, no security shall be required from any other party to the same effect. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 30. of the bengal bonded warehouse association act : 1 all the joint stock of the said association of what kind or description soever, and all the land, warehouses, messuages, tenements, hereditaments, premises and property acquired therewith, of which the said association shall become in any manner possessed, entitled to, or interested in, shall be held and enjoyed by the proprietors thereof, and their successors respectively, as personal estate, or as in the nature of chattel interests, and not as, or in the nature of, real estate 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 24. power to sell shares to satisfy calls, and issue fresh certificates. of the bengal bonded warehouse association act : 1 it shall be lawful for the directors of the said association to refuse to register the transfer of any share belonging to any proprietor who shall not have paid such instalment and interest as aforesaid and 2 in case such instalment and interest shall not be paid within two months after notice to pay the same has been given by the said directors to such proprietor, or to his attorney or attorneys duly authorised, it shall be lawful for the said directors to sell by public sale the share or shares of such proprietor, to such an extent as may be sufficient to satisfy such instalment and interest, and to grant, upon such sale, power to sell shares to satisfy calls, and issue fresh certificates.a new certificate or new certificates to the purchaser of such share or shares whereupon the former certificate or certificates for such share or shares shall become void, and if there be any surplus after such instalment and interest have been satisfied, such surplus shall be paid on demand to the proprietor of such share or shares, and shall, till demand, be credited in the books of the said association to such proprietor, but no interest shall run thereon. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the word that omitted by ibid. s. 2 and sch. i

section 25. of the bengal bonded warehouse association act : 1 all the provisions of 2act 25 of , of the governor general of india in council, relating to private licensed warehouses, shall be applicable to all warehouses wherein the said association shall receive bonded goods. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. rep. by the repealing act, 12 of .

section 32. of the bengal bonded warehouse association act : byelaws.repealed by act 5 of , section 1.

section 27. of the bengal bonded warehouse association act : 1 the directors of the said association shall, from time to time, fix the rates at which the said association will warehouse goods and receive goods at its wharfs, and 2 a table of such rates shall be placed at every warehouse and wharf of the said association 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch.i 2. the word that omitted by act 12 of , s. 2 and sch. i

section 33. of the bengal bonded warehouse association act : 1 it shall be lawful for the said association to increase its capital stock provided always that no such increase shall take place unless it be authorized by a vote of two extraordinary general meetings of proprietors specially convened for that purpose, of which meetings the second shall be held not less than three calendar months after the first. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i

section 28. of the bengal bonded warehouse association act : 1 as often as any goods are lodged in any warehouse of the said association, the secretary of the said association shall deliver a warrant signed by him as such secretary, to the person lodging such goods, which warrant shall be, as nearly as possible, in the form set forth in schedule ii annexed to this act, and such warrant shall be transferable by indorsement, and shall entitle any person to whom it may have been so transferred by endorsement, to receive the goods specified in such warrant on the same terms on which the person who originally lodged those goods would have been entitled to receive the same. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 31. of the bengal bonded warehouse association act : 1 in order to define the liability of proprietors or shares, and to save harmless themselves and their respective heirs, executors, administrators, representatives and assigns, no proprietor, his heirs, executors, administrators, representatives or assigns, shall be personally liable to any person or persons whatsoever by reason of being a proprietor in any event, or for or on account of any acts, deeds, contracts or liabilities of the said association, or of the directors or secretary thereof respectively, or under or by virtue of any judgment or decree in any action or suit, but 2 the party or parties having any legal or equitable demand or claim for or on the account last aforesaid, or having obtained such judgment or decree as last aforesaid, shall and may only recover the amount of such demand, claim, judgment or decree from and out of or to the whole extent of the paid up capital, accumulated funds, lands, messuages, tenements, hereditaments and premises whatsoever and wheresoever, which may at the time belong to the said association, or to which they may at the time be entitled. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. the words that omitted by act 12 of , s. 2 and sch. i.

section 39. of the bengal bonded warehouse association act : 1 whenever the dissolution of the said association shall be ordered either by the 2central government, or by a vote of the said association, the directors of the said association shall cause all the property of the said association to be converted into money, and shall divide whatever surplus may remain after satisfying the debts of the said association among the proprietors in proportion to the shares which the proprietors have in the capital stock of the said association and after such distribution the said association shall forthwith be dissolved. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i. 2. subs. by the a.o. , for governor general of india in council.

section 34. of the bengal bonded warehouse association act : 1 in the event of such increase, the proprietors of the original stock shall not be bound to subscribe, but shall in the first instance have the option of subscribing for the increased capital stock in proportion to the share which each has of the original capital stock and so much of the additional capital stock as shall not be subscribed for by the said proprietors of the original stock, within one year after the passing of the final resolution for the increase, shall be open to the public, and be sold, for the benefit of the said association, by public sale. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 35. of the bengal bonded warehouse association act : 1 all the rules laid down in this act respecting the original capital stock of the said association, shall be applicable to any additional stock which may be subscribed in the manner hereinbefore described 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 38. of the bengal bonded warehouse association act : 1 the said association may at any time be dissolved by a resolution to that effect of twothirds in number and value of the proprietors qualified to vote at two successive extraordinary meetings specially called for the purpose of taking into consideration the expediency of such dissolution provided that not less than three months shall have elapsed between the first and second of such two extraordinary meetings. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 37. of the bengal bonded warehouse association act : dissolution of association by order of the governor general in council.repealed by act 5 of , section 1.

section 36. of the bengal bonded warehouse association act : 1 if the said association shall be desirous to dispose of any premises purchased by the said association from the east india company, the said east india company shall the right of preemption, and the price shall be fixed by two appraisers, the one named on the part of the said east india company, and the other by the directors of the said association and if the said appraisers shall not agree on a price, the price shall be fixed by an umpire named by the said appraisers. 1. the words and it is hereby enacted, that omitted by act 12 of , s. 2 and sch. i.

section 8. of the manipur municipalities act : the provisions of sections 17, 19 and 20 of this act relating to council shall also apply in case of nagar panchayat.

section 1. of the manipur municipalities act : 1 this act, may be called the manipur municipalities act, . 2 it extends to the whole of the state of manipur except the hill areas to which the manipur hill areas district council act, manipur act 76 of extends or any area which is included in a cantonment under the cantonment act, 2 of . 3 it shall be deemed to have come into force on the 24th day of may, .

section 2. of the manipur municipalities act : in this act, unless the context otherwise requires, 1 adhyaksha means an adhyaksha of a zilla parishad elected under the provisions of the manipur panchayati raj act, 26 of 2 building means a house, out house, stable, latrine, urinal, shed, hut, wall other than a boundary wall or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter 3 byelaw means a byelaw made under this act by notification 4 committee means a committee other than a ward committee constituted under this act 5 compound means land whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings 6 conservancy means the removal and disposal of sewage, offensive matter and rubbish 7 corporation means a municipal corporation 8 council means a municipal council 9 councillor means a member of a municipal council or nagar panchayat, as the case may be, elected or appointed under this act 10 deputy commissioner means the deputy commissioner of a district of manipur having jurisdiction over the municipality, or any other officer at any time appointed by the government to perform, in any district or districts the functions of a deputy commissioner under this act 11 director means the director of municipal administration, housing and urban development of the government of manipur or such other officer as may be appointed by the government to exercise the functions of the director of municipal administration, housing and urban development of manipur 12 district means a district in the state of manipur 13 district magistrate means the district magistrate and includes the additional district magistrate or any such magistrate as may be appointed in this behalf by the government, having territorial jurisdiction over the municipality 14 drain includes a sewer, a housedrain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, waste water, rain water or subsoil water 15 election commission means the state election commission constituted under section 98 of the manipur panchayati raj act, 26 of 16 executive officer means executive officer of a municipality appointed under this act 17 financial year means the year commencing on the 1st day of april of a year and ending on 31st day of march of the succeeding year 18 food includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or used in the composition or preparation of human food and also includes confectionery, flavouring and colouring matter, spices and condiments 19 government means the state government of manipur 20 halfyear means a halfyear commencing on the 1st day of april or the 1st day of october, or such other date as the state government may, by notification, appoint 21 holding means land held under one title or agreement and surrounded by one set of boundaries: provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwellinghouse, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this act: provided further that where land has been let out to occupants in separate parcels paying rent separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title. explanation i.holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso. explanation ii.any plot of land having clear boundaries and lying entirely vacant, if fit for building purposes or if yielding any income, shall when not appurtenant to any agricultural purposes, be regarded as a holding 22 house means any hut, shop, warehouse, workshop, masonry or framed 23 housegully or service passage means a passage or strip of land constructed, set apart or utilised, for the purpose of serving as or carrying a drain or affording access to a latrine, privy, urinal, cesspool or other receptacle of filthy or polluted matter by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the airspace above such passage or land 24 hut means any building, which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made 25 infectious or contagious disease means cholera, plague, smallpox, chickenpox, kalaazar, tuberculosis, diphtheria and typhoid or enteric fever or such other dangerous disease as the government may notify in this behalf 26 inhabitant used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein 27 joint family means a family of which the members live together, have a common mess and are descendants from a common ancestor and shall include wives or husbands, as the case may be, of its members, but shall exclude married daughters and their children 28 land includes benefits arising out of land, houses and things attached to the earth or permanently fastened to anything attached to the earth and also land covered by water 29 legislative assembly means the legislative assembly of manipur 30 local authority includes district council, municipal council, nagar panchayat, municipal corporation and panchayat 31 lodging house means a house in which visitors or other persons are lodged on hire for a night or more 32 market or bazar means any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock or any other article of food or merchandise, declared and licensed by the municipality as a market 33 municipal area means the territorial area of a municipality as is notified by the governor 34 municipality means the nagar panchayat or the municipal council, as the case may be, constituted under the provisions of this act 35 municipal market means a market belonging to or maintained by the municipality 36 notification means notification in the official gazette of manipur 37 nuisance includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense or sight, smelling or hearing or disturbance to rest or sleep or which is or may be, dangerous to life or injurious to health or property 38 occupier includes a any person who is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable b an owner in occupation of or otherwise using his own land or building c a rent free tenant of any land or building d a licensee in occupation of any land or building and e any person who is liable to pay to the owner of land or building damages for the use and occupation of such land or building 39 offensive matter includes animal, carcases, kitchen or stable refuse, dung, dirt, putrid or putrefying substance and filth of any kind which is not included in sewage 40 owner includes a a person who for the time being is receiving or is entitled to receive, the rent of any land or building or of any part of any land or building whether on his own account or on account of himself and others or as an agent, trustee for any person or society or for any religious or charitable purpose, guardian or as a receiver or who would so receive such rent or be entitled to receive it if the land, building or part thereof were let to a tenant, and b the head of a government department in respect of properties under their respective control 41 panchayat means an institution of selfgovernment at the district or village level constituted under the manipur panchayati raj act, 26 of 42 platform means any structure which is placed on or covers or projects over, any public road or any open drain, sewer or aqueduct 43 population means the population as ascertained at the last preceding census of which the relevant figures have been published 44 prescribed means prescribed by rules made under this act 45 private road means any street, road, square, court alley or passage which is not a public road and includes a pathway made by the owner or premises on his own land to secure access to, or the convenient use of, such premises 46 the expression reerect when used with reference to building, includes a the reconstruction of a building after more than onehalf of its cubical extent has been taken down or burnt down or has fallen down b the conversion of one or more huts or temporary structures into a masonry or framed building c the conversion into place for human habitation of any building not originally constructed for such habitation and d the extension of a building 47 private slaughter house means a slaughter house which is not a municipal slaughter house 48 public place means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in a municipality or not 49 public road means any street, road, square, court alley, passage or pathway over which the public have a right of way whether a thoroughfare or not, and includes a the roadway over any public bridge or causeway b the footway attached to any such road, public bridge or causeway and c the drains attached to any such road, public bridge or causeway, and the land, whether covered or not by any pavement, verandah or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property whether that property is private property or government property 50 regulation means a regulation made by the municipality under this act, by notification 51 rubbish means ashes, broken brick, mortar, broken glass, dust or refuse of any kind which is not filth 52 rule means a rule made under this act 53 scheduled castes means such castes, races or tribes or parts of groups within such castes, tribes as are specified to be scheduled castes, in relation to the state of manipur under article 341 of the constitution of india 54 scheduled tribes means such tribes or tribal communities or parts of groups within such tribes or tribal communities as are specified to be scheduled tribes in relation to the state of manipur under article 342 of the constitution of india 55 sewage means nightsoil and other contents of privies, latrines, urinals, cesspools and drains, and includes polluted water from sink, bathrooms, stables, cattlesheds and other like places and also discharges from manufactories of all kinds 56 slaughter house means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption 57 urban areas means the areas in the state of manipur which are not rural areas 58 vehicle includes bicycles, tricycles and automotor cars and every wheeled conveyance whether a carriage, cart, van, dray which is used or capable of being used on a public road 59 ward means a municipal ward constituted under section 18 60 water works includes all tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, sluices mains, pipes, hydrants, stand pipes and conduits and all lands, buildings, machinery and things used for, or intended for the purpose of, supplying water 61 zilla parishad means a zilla parishad of a district constituted under the manipur panchayati raj act, 26 of .

section 7. of the manipur municipalities act : 1 every nagar panchayat shall consist of such number of councillors as may be fixed by the government from time to time by notification. 2 save as otherwise provided in subsection 3, all the seats in a nagar panchayat shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the municipal area of nagar panchayat. 3 the government may appoint a person having special knowledge or experience in municipal administration to be a councillor of the nagar panchayat: provided that such person shall not have the right to vote in the meetings of the nagar panchayat.

section 5. of the manipur municipalities act : every municipality shall cause to be erected and set up and maintain boundary marks defining the limits of the area subject to its authority as set out by the notification.

section 9. of the manipur municipalities act : for every nagar panchayat there shall be a chairperson and a vicechairperson.

section 4. of the manipur municipalities act : 1 when a local area is excluded from a municipality by a notification under subsection 1 of section 3, and is included in the other local authority the government shall frame a scheme determining what portion of the balance of the municipal fund and all other property vested in that municipality, shall, on such exclusion, vest i when such area is included within the limits of any other local authority, in such authority and ii in any other case, in the government and in what manner the liability of the municipality shall be apportioned between the municipality and such local authority or the government, as the case may be, and on the publication of such a scheme in the official gazette, such property and liability shall vest and be apportioned accordingly: provided that before framing of any such scheme, the government shall consult the municipality and where the area is included within the limits of any local authority, such authority also. 2 all money due to the municipality, immediately before the date of such exclusion on account of tax, toll, fee, rate or otherwise may in respect of the areas so excluded be recovered by the municipality as if such area has not been excluded.

section 3. of the manipur municipalities act : 1 the governor shall, by notification, constitute a a nagar panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area b a municipal council for a smaller urban area and c a municipal corporation for a larger urban area, in accordance with the provisions of this act: provided that a municipality under this section may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an industrial township. explanation.in this section, a transitional area, a smaller urban area or a larger urban area means such areas as the governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in nonagricultural activities, the economic importance or such other factors as it may deem fit, specify by notification for the purposes of this act. 2 notwithstanding anything contained in subsection 1, any local area, except in scheduled area, which was declared as a small town or a municipality under the manipur municipalities act, manipur act 26 of , before the commencement of this act, shall be deemed to have been declared as a transitional area or a smaller urban area, as the case may be, for the purpose of this act. 3 before issue of notification under subsection 1 a draft of the notification is to be published indicating local limits of the area to be included or excluded from the municipality. 4 any person who is ordinarily resident of the local area in respect of which the draft notification has been published under subsection 3 may, object to the proposal contained in such notification in writing to the deputy commissioner within fortyfive days from the date of publication of the said draft notification. 5 on receipt of the objection under subsection 4, the deputy commissioner shall within fortyfive days of the receipt of objection forward the same with his comments to the government for its consideration.

section 10. of the manipur municipalities act : 1 save as otherwise provided in the act, the councillors at the first meeting of the nagar panchayat to be called at the instance of the deputy commissioner after a general election shall elect one of them to be the chairperson in accordance with the rules made in this behalf. 2 an election under subsection 1 shall take place a within twentyone days from the date of notification of the result under section 22 b in the case of vacancy in the office of the chairperson on account of any reason other than the expiry of the term of office of the chairperson, within twentyone days from the date of the occurrence of the vacancy. 3 the state government shall appoint a person to preside over the meeting and for the purpose of the business mentioned in subsection 1. 4 the councillors shall, either at the meeting referred to in subsection 1 or at any subsequent meeting elect one among themselves, other than the chairperson elected under subsection 1, to be a vicechairperson.

section 6. of the manipur municipalities act : a nagar panchayat shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall sue and be sued in its name.

section 11. of the manipur municipalities act : 1 the chairperson may resign his office by writing under his hand addressed to the executive officer. 2 the vicechairperson or a councillor may resign his office by writing under his hand addressed to the chairperson, who shall forward it to the executive officer. 3 the resignation under subsection 1 or subsection 2 shall take effect from the date on which it is accepted by the government. 4 the executive officer shall forthwith intimate the fact of resignation received under subsection 1 or subsection 2 to the nagar panchayat and the state government. 5 on receipt of intimation under subsection 4 the state government shall notify the fact of the resignation and occurrence of casual vacancy consequent thereon.

section 18. of the manipur municipalities act : the state government shall carry out the determination of the boundaries of the wards in a municipality and the allocation of seats reserved in favour of the scheduled castes, the scheduled tribes and women among the wards in the prescribed manner.

section 12. of the manipur municipalities act : the chairperson or vicechairperson or any other councillor of nagar panchayat may be granted by that nagar panchayat such remuneration or such allowance as may be prescribed.

section 13. of the manipur municipalities act : a municipal council shall be a body corporate by its name, having a perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall sue and be sued in its name.

section 16. of the manipur municipalities act : 1 in respect of a municipality having population of three lakhs or more there shall be constituted by the state government, by order, such number of wards committees as may be determined by it, so however, that each wards committee shall consist of not less than five wards: provided that in constituting wards committees, the state government shall maintain geographical contiguity as far as possible. 2 each wards committee shall consist of i the members elected from the wards for which wards committee is constituted ii the executive officer who shall be the ex officio member and iii such other officers of the municipality as the state government may specify to be ex officio members of whom one specified officer shall be the secretary of the wards committee: provided that the ex officio members shall have the right to speak and participate in the meetings of the wards committee but shall not have the right to vote. 3 the chairperson of the wards committee shall be elected by the elected members thereof from among themselves. 4 the chairperson shall cease to hold office if he ceases to be a member of the wards committee. any casual vacancy in the office of the chairperson shall be filled by election of another chairperson from among the elected members of the wards committee as soon as may be after the occurrence of the vacancy. 5 the powers and functions of the wards committee and the manner of conduct of business at its meetings shall be such as may be prescribed.

section 14. of the manipur municipalities act : except as otherwise provided in this act, the municipal administration of a municipality shall vest in the council or the nagar panchayat, as the case may be.

section 15. of the manipur municipalities act : 1 every council shall consist of such number of councillors as may be fixed by the state government from time to time by notification. 2 save as provided in subsection 3, all the seats in a municipality shall be filled by persons chosen by direct election from the territorial constituencies to be known as wards in the municipal area. 3 the state government may appoint a person having special knowledge or experience in municipal administration to be a member of the municipal council: provided that such person shall not have the right to vote in the meetings of the council.

section 17. of the manipur municipalities act : 1 in every municipality, out of the total strength of elected members determined under section 15, the state government shall subject to such rules as may be prescribed, by notification, reserve i such number of seats to the scheduled castes and the scheduled tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the municipal council, as the population of the scheduled castes, or as the case may be, of the scheduled tribes in that municipality bears to the total population of that municipality and such seats may be allotted by rotation to different wards in the municipality ii not less than onethird of the total number of seats reserved under subsection 1 shall be reserved for women belonging to the scheduled castes or as the case may be, the scheduled tribes iii not less than onethird including the number of seats reserved for women belonging to the scheduled tribes and the scheduled castes of the total number of seats to be filled by direct election to every council, for women and such seats may be allotted by rotation to different wards in a municipality. explanation.in this section the expressions scheduled castes, scheduled tribes shall have the meanings respectively assigned to them in clauses 24 and 25 of article 366 of the constitution of india. 2 the office of chairpersons of the municipalities shall be reserved for the scheduled castes, the scheduled tribes and women in such manner as the state government may prescribe by notification in this regard. 3 the reservation of seats under subsection 1 including the reservation of office of chairperson other than the reservation for women under subsection 2 shall cease to have effect on the expiration of the period specified in article 334 of the constitution of india.

section 22. of the manipur municipalities act : 1 every municipality, unless sooner dissolved under this act, shall continue for five years from the date appointed for its first meeting after a general election at which a quorum is present and no longer: provided that a municipality which is functioning immediately before the commencement of this act shall continue till the expiration of its duration, unless sooner dissolved by a resolution passed to that effect by the legislative assembly of the state of manipur. 2 an election to constitute a municipality shall be completed a before the expiry of its duration specified in subsection 1 b before the expiration of a period of six months from the date of its dissolution: provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this subsection for constituting the municipality for such period: provided further that the result of election shall be notified. 3 a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under subsection 1 had it not been so dissolved.

section 20. of the manipur municipalities act : 1 every person who is elected or appointed as a councillor of a municipality shall, before entering upon his office under this act, make and subscribe before such authority as may be prescribed for the purpose, an oath or affirmation of his allegiance to the constitution of india in the prescribed form. 2 any person, having been elected, or appointed as a councillor fails to make and subscribe, within three months from the date of the first meeting of the municipality the oath or affirmation laid down in subsection 1 shall cease to hold his office and his office shall be deemed to have become vacant.

section 26. of the manipur municipalities act : when a councillor who holds the office of chairperson or the vicechairperson ceases, for any reason whatsoever to be a councillor, he shall, at the same time, cease to hold office of the chairperson or the vicechairperson, as the case may be.

section 21. of the manipur municipalities act : the state government shall appoint a person as an administrator to exercise the powers and perform the duties and functions of a municipality until a municipality is constituted for such area under this act: provided that the period of such appointment shall not exceed six months: provided further that an administrator appointed under the provisions of the manipur municipalities act, manipur act 26 of on or before the 12th day of october, shall be deemed to have been validly appointed under that act and the term of such administrator shall cease to have effect on the commencement of this act.

section 19. of the manipur municipalities act : 1 a person shall be disqualified for being chosen as and for being, a member of a municipality a if he is so disqualified by or under any law for the time being in force for the purposes of elections to the manipur legislative assembly: provided that no person shall be disqualified on the ground that he is less than twentyfive years of age, if he has attained the age of twentyone years b if he is so disqualified by or under any law made by manipur legislative assembly c if he is not registered as an elector in the electoral roll for a ward d if he is not ordinarily resident within the ward from which he is seeking election. explanation.the expression ordinarily resident shall have the same meaning as assigned to it in section 20 of the representation of the people act, 43 of . 2 if any question arises as to whether a member of a municipality has become subject to any of the disqualifications mentioned in subsection 1 the question shall be referred for the decision of the election tribunal in such manner as may be prescribed.

section 23. of the manipur municipalities act : for every council, there shall be a chairperson and a vicechairperson.

section 24. of the manipur municipalities act : 1 save as otherwise provided in this act, the councillors at the first meeting of the council to be called at the instance of the deputy commissioner after a general election shall elect one of them to be the chairperson in accordance with rules made in this behalf. 2 such election shall take place within twentyone days from the date of notification of the result under section 22 and in the case of vacancy in the office of the chairperson on account of any reason other than expiry of the term of office of the chairperson, within twentyone days from the date of the occurrence of the vacancy. 3 the state government shall appoint a person to preside over the meeting and for the purpose of the business mentioned in subsection 1.

section 30. of the manipur municipalities act : no councillor of a nagar panchayat or a council who has been removed from his office under subsection 1 or under clause b, c, d or e of subsection 2 of section 29 shall be eligible for election or reelection as a councillor for such period as may be prescribed.

section 25. of the manipur municipalities act : the councillors shall, either at the meeting mentioned in subsection 1 of section 24 or at subsequent meeting elect one among themselves other than the chairperson elected under subsection 1 of section 24 to be the vicechairperson.

section 27. of the manipur municipalities act : if any councillor is by reason of his death, resignation or removal or otherwise, is unable to complete his full term of office, the vacancy so caused shall be filled up by election or appointment, as the case may be, of a person under the provisions of this act and the person so elected or appointed shall hold office for the unexpired term of his predecessor: provided that no election for filling up a casual vacancy shall be held if the vacancy occurs within a period of six months preceding the date on which the term of office of the councillor expires.

section 33. of the manipur municipalities act : it shall be the function of the chairperson a to preside, unless prevented by reasonable cause, over all meetings of the nagar panchayat or the council, as the case may be, and subject to the provisions of the byelaws for the time being in force, to regulate the conduct of business at such meetings b to watch over the financial and executive administration of the nagar panchayat or the council, as the case may be, and perform such executive functions as may be allotted to him by or under this act and rules or byelaws framed thereunder c to exercise supervisory and executive control over acts and duties of all officers and employees of the nagar panchayat or the council, as the case may be, in matters respecting their executive functions and the accounts and records of the nagar panchayat or the council, as the case may be d to direct, in case of emergency, the execution or stoppage of any work or doing of any act which requires the sanction of the nagar panchayat or the council, as the case may be, and the immediate execution or doing of which is, in his opinion necessary for the service or safety of the public, and the expenses incurred in the execution of such work or doing of such act shall be paid from municipal fund: provided that a he shall not act under clause d in contravention of any order of the nagar panchayat or the council, as the case may be, prohibiting the execution of any particular work or the doing of any particular act and b he shall report forthwith the action taken under clause d and the reasons therefor to the nagar panchayat or the council, as the case may be, at its next meeting.

section 29. of the manipur municipalities act : 1 the state government may remove any elected councillor on the ground of his misconduct in the discharge of his duties if the removal is recommended by a resolution of the municipality passed at a special meeting called for the purpose and supported by a majority of the total number of councillors of the municipality and by a majority of not less than twothird of councillors present and voting in such a meeting. 2 the state government may remove any councillor a if he ceases to reside within the municipality continuously for a period of twelve months or b if he has been declared by the state government by notification to have violated his oath or affirmation of allegiance or c if he becomes disqualified by or under any law for the time being in force for the purposes of elections to the manipur legislative assembly or d if he has, within the meaning of section 59 knowingly acquired or continued to hold without the permission in writing of the state government, directly or indirectly or as a partner, any share or interest in any contract or employment with, by or on behalf, of the municipality or e if he is in arrears of any kind of dues to the municipality for more than six months after a bill or a notice has been duly served on him: provided that no councillor shall be removed under subsection 1 or subsection 2 unless he has been given an opportunity of being heard.

section 28. of the manipur municipalities act : 1 the chairperson may resign his office by writing a letter of resignation addressed to the vicechairperson, who shall forthwith deliver the letter to the executive officer. 2 the vicechairperson or a councillor may resign his office by writing a letter of resignation addressed to the chairperson, who shall forthwith deliver the letter to the executive officer. 3 the resignation under subsection 1 or subsection 2 shall take effect from the date on which it is accepted by the government. 4 the executive officer shall forthwith intimate the fact of resignation received under subsection 1 or subsection 2 to the council and the state government. 5 on receipt of the intimation under subsection 4, the state government shall notify in the official gazette the fact of the resignation and occurrence of casual vacancy consequent thereon.

section 31. of the manipur municipalities act : 1 the state government may remove by a notification in the official gazette, from office the chairperson or the vicechairperson, in pursuance of a resolution passed by a majority of the total number of the councillors and supported by not less than twothird of the councillors present and voting at a meeting specially convened for the purpose under subsection 2. 2 for the purposes of subsection 1 a meeting of the nagar panchayat or of the council shall be held in the following manner, namely: i the meeting shall be convened by the executive officer on a requisition signed by not less than onefifth of the total number of councillors constituting the nagar panchayat or the council for the time being ii the notice of such a meeting specifying the time and place thereof shall be despatched by the executive officer to every councillor ten days before the meeting iii the chairperson or the vicechairperson, as the case may be, against whom the resolution referred to in subsection 1 is to be moved, shall not preside over the meeting iv a copy of the notice shall be sent to the state government. 3 if the office of the chairperson becomes vacant all powers and duties of the chairperson, may, until the election of a new chairperson be exercised and performed by the vicechairperson. 4 the removal of the chairperson or the vicechairperson under subsection 1 shall be effective from the date of its resolution in this regard.

section 32. of the manipur municipalities act : 1 the nagar panchayat or the council, as the case may be, may, from time to time, grant such leave of absence to the chairperson or the vicechairperson as it may deem fit. 2 if a chairperson or a vicechairperson remains absent from office owing to illness or any other cause for a period exceeding three months without the leave of the nagar panchayat or the council, as the case may be, he shall cease to be chairperson or vicechairperson, as the case may be, and his office shall become vacant. 3 during the absence on leave of the chairperson, the vicechairperson and in the like event in the case of a vicechairperson such one of the councillors as may be elected by them to act as vicechairperson, shall discharge the functions of the chairperson or the vicechairperson, as the case may be. 4 the vicechairperson or the councillor shall, during and in respect of the period in which he is acting as, or discharging the function of chairperson or vicechairperson, as the case may be, exercise the powers conferred and perform the duties imposed on a chairperson or a vicechairperson by or under this act or by any other law for the time being in force.

section 34. of the manipur municipalities act : it shall be the function of the vicechairperson a in the absence of the chairperson and unless prevented by reasonable cause, to preside over the meetings of the nagar panchayat or the council, as the case may be, and he shall, when so presiding, exercise the same authority as is vested in the chairperson under clause a of section 33 b pending the election of a chairperson, or during the absence of the chairperson to exercise the powers and perform the duties of the chairperson.

section 35. of the manipur municipalities act : the chairperson, the vicechairperson or any other councillor of a council may be granted by the council such remuneration or such allowance as may be prescribed: provided that the expenditure to be incurred under this section shall without prejudice to the provisions of section 71, be paid out of the municipal fund.

section 36. of the manipur municipalities act : 1 the state government as and when it considers expedient may, by notification, entrust a the municipalities with the function of i the preparation of plans for economic development and social justice ii the performance of functions and the implementation of schemes as may be entrusted to including those in relation to the matters listed in the schedule b the committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the schedule. 2 on entrustment of functions under subsection 1, the government shall allot to the municipality such fund and personnel as may be necessary to enable the municipality to discharge the functions and duties so entrusted.

section 37. of the manipur municipalities act : it shall be the duty of every municipality to make reasonable provision for the following matters within the municipality under its jurisdiction, namely: a lighting public roads and places b watering public roads and places c cleaning public roads, places and sewers and all spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the municipality or not, removing noxious vegetation and abating all public nuisance d removing filth, rubbish, nightsoil, odour or any other noxious or offensive matter from privies, latrines, urinals, cesspools or other common receptacles or such matter in or pertaining to a building or buildings e extinguishing fires and protecting life and property when fire occurs f regulating offensive or dangerous trades or practices g removing obstructions and projections in public roads or places and in spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the municipality or belong to the state government h securing or removing dangerous buildings or places and reclaiming unhealthy localities i acquiring, maintaining, changing and regulating places for the disposal of dead bodies and of the carcasses of dead animals j constructing, altering and maintaining public roads, culverts, municipal boundary marks, markets, slaughterhouses, drains, sewers, drainageworks, sewerageworks, baths, washingplaces, drinkingfountains, tanks, wells, dams and the like k constructing public latrines, privies and urinals l obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of inhabitants from the insufficiency or unwholesomeness of the existing supply m naming streets and numbering houses n registering births and deaths o suitable accommodation for any calves, cows or buffaloes required within the municipality for the supply of animal lymph p printing such annual reports on the administration of the municipality as may be necessary or as the state government may by general or special orders require the municipality to print q making arrangements for preparation of compost manure from nightsoil and rubbish and r establishing and maintaining cattle ponds.

section 38. of the manipur municipalities act : subject to such reasonable provisions as may be made under section 37 every municipality shall make reasonable provision for the following special matters, namely: a providing special medical aid and accommodation for the sick in times of a dangerous disease and taking such measures as may be required to prevent the outbreak or suppress and prevent the recurrence of the disease and b giving relief and establishing and maintaining relief works, in times of famine or scarcity, to or for destitute persons within the limits of the municipality.

section 39. of the manipur municipalities act : a municipality may, at its discretion, provide out of the municipal property and fund, either wholly or partly, for a laying out, whether in areas previously built upon or not, new public roads and acquiring land for the purpose, including land acquired for the construction of buildings for curtilages thereof, to about on such roads b constructing, establishing, maintaining, or contributing to the maintenance of public parks, gardens, libraries, museums, reading rooms, halls, offices, dharmashalas, resthouses, encamping grounds and other public buildings and places c constructions and maintaining, where necessary suitable sanitary houses for the habitation of the poor and granting loans for the construction of such houses or for effecting necessary improvements connected therewith d providing accommodation for any class of servants employed by the municipality or granting loans to such servants for construction of houses subject to the rules made in this behalf e planting and maintaining trees in the roadside f securing or assisting to secure suitable places for the carrying on the offensive trades mentioned in section 167 g supplying, constructing and maintaining receptacles, fitting pipes, and other appliances whatsoever on or for the use of private premises, for receiving and conducting the sewage thereof into sewers under the control of the municipality h the public health and infant welfare i contribution towards any public fund raised for the relief of human suffering within or without the municipality j any public reception, ceremony, entertainment, or exhibition within the municipality by a resolution passed at a general meeting and supported by onehalf of the total number of councillors k the organisation or maintenance of shops or stall for the sale of necessities of life l holding fairs and exhibitions m supply of milk n establishing labour welfare centres for its employees and subsidizing the activities of any association, union or club of such employees by grant of loan for its general advancement o maintenance of ambulance service p establishing and maintaining public hospitals and dispensaries and providing public medical service q providing facilities for antifrabic treatment and meeting the expenses of indigent person undergoing antifrabic treatment within or outside the municipal limits r housing and maintaining destitute, orphans and cripples and maintaining maternity centre and child welfare clinics s establishing rescue homes t any other matter which is likely to promote education or the public health safety or convenience or the advancement of economic condition of the inhabitants of the municipality or which is necessary for the purposes of this act.

section 40. of the manipur municipalities act : the management, control and administration of every public institution exclusively maintained out of the municipal property and fund shall vest in the municipality by which it is so maintained.

section 41. of the manipur municipalities act : 1 there shall be an executive officer of every nagar panchayat or council, as the case may be, who shall also function as secretary to the nagar panchayat or council, as the case may be, and all other officers and employees of the nagar panchayat or council, as the case may be, shall be subordinate to him. 2 a nagar panchayat or council, as the case may be, shall appoint an executive officer with the concurrence of the state government and the state government may, if any particular nagar panchayat or council, as the case may be, does not make such appointment, appoint any person as such officer in respect of that nagar panchayat or council, as the case may be. 3 a nagar panchayat or council, as the case may be, may in addition to the executive officer, also appoint other officer to assist the executive officer with the concurrence of the state government.

section 46. of the manipur municipalities act : 1 an employee of a nagar panchayat or a council who is aggrieved by an order of the chairperson in a disciplinary proceeding against him shall have right to appeal to the nagar panchayat or the council within thirty days from the date of service of such order on him. 2 an employee who is aggrieved by an order of the nagar panchayat or the council may prefer an appeal to the state government against such an order within sixty days from the date of service of such order: provided that no appeal against an order other than an order for removal or dismissal shall lie to the state government. 3 subject to the provisions of this act, the disciplinary action, conditions of the service and qualifications in respect of the employees of a nagar panchayat or a council shall be the same as applicable to the employees of the state government, from time to time.

section 42. of the manipur municipalities act : the executive officer shall, a subject to the general control of the chairperson, watch over the financial and executive administration of the nagar panchayat or council, as the case may be, and perform all the duties and exercise all the powers imposed or conferred upon him, by or delegated to him under this act and rules and byelaws framed thereunder and b give effect to the decision taken by the nagar panchayat or council, as the case may be, and submit periodical reports, if the nagar panchayat or council, as the case may be, so directs, regarding the progress made in respect thereof.

section 43. of the manipur municipalities act : 1 every nagar panchayat or council, as the case may be, shall have a health officer, a revenue officer and an engineer for the efficient discharge of its functions and duties. 2 the nagar panchayat or council, as the case may be, shall appoint a health officer, a revenue officer and the engineer with the concurrence of the state government.

section 44. of the manipur municipalities act : 1 except as provided in sections 41 and 43 and subject to the approval of the state government, a nagar panchayat or a council may, by a special resolution determine the category and strength of employees required by it, for discharge of its functions and duties. 2 notwithstanding anything contained in section 71, the expenditure incurred on the establishment of nagar panchayat or a council shall be paid out of the municipal fund.

section 45. of the manipur municipalities act : subject to the provisions contained in sections 41 and 43 a nagar panchayat or a council shall have power to appoint its officers and employees: provided that the chairperson may fill up such nontechnical posts in the grades iii and iv in such manner as may be laid down in byelaws framed in this behalf.

section 47. of the manipur municipalities act : the rules relating to gratuities and pensions applicable to the employees of the state government shall apply to the employees of the nagar panchayat or, as the case may be, the council and shall be paid out of the fund of the nagar panchayat or, as the case may be, of the council.

section 48. of the manipur municipalities act : the state government may make rules regarding the appointment, salaries, condition of services, powers, duties and functions of the executive officer, other officers and employees of the nagar panchayat or the council and other relevant matters connected thereof: provided that no disciplinary action shall be taken against the executive officer except with the approval of the state government.

section 54. of the manipur municipalities act : no resolution of a nagar panchayat or of a council shall be modified or cancelled except by a resolution supported by not less than twothirds of the total number of councillors and passed at a meeting whereof notice shall be given setting forth fully the proposed resolution to modify or cancel at such meeting and the motion of proposition for modification or cancellation of such resolution.

section 49. of the manipur municipalities act : 1 there shall be at least one meeting of the nagar panchayat or the council for transaction of its business in every month to be held on such date as is fixed by the nagar panchayat or the council at a special meeting convened for the purpose, at the municipal office, if any, or other convenient place of which notice has been duly given. 2 if there be no business to be laid before the nagar panchayat or the council at any monthly meeting, the chairperson shall, instead of calling the meeting, give notice of the fact to each councillor three days before the date which is fixed for the monthly meeting. 3 the chairperson, or in his absence the vicechairperson may, on a written requisition of not not less than onehalf of the total number of councillors, call a special meeting. 4 if the chairperson or the vicechairperson, as the case may be, fails to call a special meeting within fifteen days after any such requisition has been made, the meeting may be called by the councillors who made the requisition.

section 50. of the manipur municipalities act : if at a meeting neither the chairperson nor the vicechairperson is present, the councillors present shall elect one of them to preside over the meeting and such councillor shall perform all the duties and exercise all the powers of the chairperson of nagar panchayat or a council when presiding over a meeting: provided that no candidate for election to the office of the chairperson or the vicechairperson shall preside at such election.

section 51. of the manipur municipalities act : save as otherwise expressly provided in or under this act, all questions brought before any meeting of the nagar panchayat or of the council or of any of its committees shall be decided by a majority of votes of the councillors present and voting and in the case of equality of votes, on any question the persons presiding shall have a second or casting vote: provided that at the election a of chairperson or vicechairperson or b of a councillor to represent the nagar panchayat or the council, as the case may be, under the provisions of any other law for the time being in force, in case of equality of votes, the person presiding shall not exercise his casting vote and the result shall be decided by lot.

section 55. of the manipur municipalities act : the deputy commissioner, the director and such other officers as the state government may, by general or special order specify in this behalf, shall be entitled to attend any meeting of a nagar panchayat or of a council within their jurisdiction, address it on any matter affecting the work of their department and take part in the meetings thereof, but shall not have the right to vote.

section 52. of the manipur municipalities act : 1 no business shall be transacted at a meeting unless a quorum of onethird of the total number of councillors of a nagar panchayat, or a council be present: provided that in cases where the total number of councillors of a nagar panchayat or a council is not divisible by three, the total number shall be increase by such minimum number as to make the total number divisible by three. 2 if there be no quorum present at a meeting the chairperson or in his absence the vicechairperson shall adjourn the meeting to such hour of any future day as he may reasonably fix. a notice of such adjournment shall be fixed upon a notice board in the municipal office, and the business which would have been brought before the original meeting, has there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournments thereof whether there be a quorum present or not. 3 a notice of adjournment exhibited in the notice board of the municipal office on the day on which the meeting is adjourned, shall be sufficient notice of the subsequent meeting.

section 53. of the manipur municipalities act : 1 minutes of the proceedings of each meeting of a nagar panchayat or of a council or any of its committee shall be recorded in a book to be kept for the purpose separately for the nagar panchayat or the council and for each of its committees and shall be signed by the persons who presided over the meeting. 2 the minutes of the meeting of a nagar panchayat or of a council shall at all reasonable times and without charge, be open to inspection, by any member of the public. 3 the minutes of the proceedings of all meetings of the nagar panchayat or of the council shall forthwith be forwarded by the executive officer to the deputy commissioner, the director and to the state government.

section 56. of the manipur municipalities act : 1 the nagar panchayat or the council at a meeting may appoint, from time to time, committees to be called standing committee to assist it in the discharge of any specific duties devolved upon it under this act, within the whole or any portion of the municipality and may delegate to any such committee all or any of its powers which may be necessary for the purpose of rendering such assistance, or withdraw all or any such powers, so delegated. 2 each committee shall consist of councillors and, when necessary, of such residents with special qualification when the nagar panchayat or the council at a meeting desires to appoint, in such a case the number of councillors shall not be less than twothirds of the total number of the members of the committee: provided that no councillor who has been appointed as a member of one committee, shall be appointed as such in another committee at a time. 3 the members of such committees shall be liable to all the obligations imposed by this act on the councillors of the nagar panchayat or of the council in respect of such powers as may be delegated to them. 4 all the proceedings of any such committee shall be subject to confirmation by the nagar panchayat or the council at a meeting. 5 all questions connected with the removal or resignation of members of committee shall be settled by the nagar panchayat or the council at a meeting.

section 63. of the manipur municipalities act : notwithstanding anything contained in section 6 or 13, no nagar panchayat or the council, as the case may be, shall transfer any immovable property except in pursuance of a resolution passed at a meeting thereof by a majority of not less than twothird of its members and except when it is not required for local public purposes: provided that in the case of property which has been transferred to it by the state government the transfer under this section shall be subject to the previous sanction of the state government: provided further that nothing in this section shall apply to leases of immovable property for a term not exceeding two years in total.

section 57. of the manipur municipalities act : 1 the chairperson of the nagar panchayat or of the council, as the case may be, if he is a member of any committee, shall be ex officio, chairperson, thereof. 2 the vicechairperson of the nagar panchayat or of the council, as the case may be, if appointed a member of any committee of which the chairperson is not a member, shall be ex officio chairperson thereof. 3 when neither the chairperson nor the vicechairperson of nagar panchayat or of a council, as the case may be, is a member of a committee, the chairperson of such committee shall be nominated by the chairperson of the nagar panchayat or of the council, as the case may be.

section 58. of the manipur municipalities act : every chairperson, vicechairperson, councillor, officer or employees of a nagar panchayat or of a council including a government servant whose services are lent to the nagar panchayat or to the council, shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the nagar panchayat or the council, if such loss, waste or misapplication is a direct consequence of any illegal act, omission, neglect or misconduct on his part and a suit for compensation may be instituted against him in any court of competent jurisdiction by the nagar panchayat or by the council, as the case may be.

section 59. of the manipur municipalities act : no councillor of a nagar panchayat or of a council shall have without the written permission of the state government, directly or indirectly, any share or interest in any contract, lease, sale or purchase of land or any agreement for the same or any kind whatsoever to which the nagar panchayat or council is a party, or shall hold any office of profit under it, and if any councillor shall have such share or interest or shall hold such office he shall thereby become disqualified to continue in office as a councillor: provided that a councillor shall not be so disqualified or liable by reason a of having a share or interest in i a contract entered into between the nagar panchayat or the council, as the case may be, and any incorporated or registered company or any registered cooperative society of which such councillor is a member or shareholder or ii any agreement for the loan of money, or any security for the payment of money only or iii any newspaper in which any advertisement relating to the affairs of the municipality is inserted or b of his being professionally engaged on behalf of the nagar panchayat or the council, as the case may be, as a legal or medical practitioner and receiving a fee for services rendered in his professional capacity.

section 60., having interest in a contract, etc. of the manipur municipalities act : in a nagar panchayat or in a council a subject to the proviso to section 59 any councillor who acquires, directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of a nagar panchayat or a council of which he is a councillor b any executive officer or employee who acquires directly or indirectly any share or interest in any contract with, under, by or on behalf of a nagar panchayat or a council except in so far as it relates to his own employment as executive officer or an employee, shall be punishable with fine which may extend to five thousand rupees.

section 61. of the manipur municipalities act : no councillor of a nagar panchayat or of a council or no member of a committee shall vote or take part in the discussion of any question at a meeting of the nagar panchayat or of a council or committee if the question is one in which he has direct or indirect pecuniary interest.

section 62. of the manipur municipalities act : 1 all property within the municipality, other than private property or property maintained by the government or other local authority, shall vest in the nagar panchayat or the council, as the case may be, and shall, with all other property of whatever nature and kind which may become vested in the nagar panchayat or the council, as the case may be, be under its direction, management and control, unless the state government otherwise directs by notification, namely: a all public roads including the soil, the pavements, stones and other materials thereof, and all drains, bridges, trees, erections, materials, implements and other things provided for such roads b all public streams, channels, water courses, springs, tanks, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other waterworks, whether made, laid or created at the cost of the nagar panchayat or of the council or otherwise and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land, not being private property, appertaining to any public tanks: provided that waterpipes and waterworks connected therewith or appertaining thereto which with the consent of the nagar panchayat or of the council are laid or set up in any street by the owners of any mill, factory, workshop or the like primarily for the use of their employees shall not be deemed to be public waterworks by reason of their use by the public c all public sewers and drains, and all works, materials and things appertaining thereto and other conservancy works d all sewage, rubbish and offensive matter collected by the nagar panchayat or by the council from roads, latrines, sewers, cesspools and other places e all public lamps, lampposts and apparatus connected there with or appertaining thereto, and all public gates, markets, slaughter houses and public buildings of every description which have been constructed or are maintained out of the municipal fund and f all land or other property transferred to the nagar panchayat or council, as the case may be, by the government or acquired by the nagar panchayat or council, as the case may be, by gift, purchase or otherwise for local public purposes. 2 the state government may, by notification direct that any property which has vested in the nagar panchayat or the council, as the case may be, shall cease to be so vested, and the state government may pass such orders as it may deem fit regarding the disposal and management of such property. 3 the state government may resume any immovable property transferred to the nagar panchayat or the council, as the case may be, by itself or any other local authority for a public purpose on payment of the amount paid by the nagar panchayat or by the council, as the case may be, for such transfer and the market value at the date of resumption of any building or works subsequently created or executed thereon by the nagar panchayat or by the council, as the case may be: provided that compensation need not be paid for buildings or works constructed or created in contravention of the terms of the transfer.

section 64. of the manipur municipalities act : 1 the nagar panchayat or the council, as the case may be, may enter into any contract necessary for the purposes of this act. 2 every contract made by or on behalf of the nagar panchayat or the council, as the case may be, in respect of any sum exceeding ten thousand rupees shall be sanctioned by the nagar panchayat or the council, as the case may be, at a meeting and shall be in writing and shall be signed by at least two councillors one of whom shall be the chairperson or the vicechairperson and in absence of both the executive officer. every such contract shall be sealed with common seal of the nagar panchayat or the council, as the case may be. 3 any contract made in contravention of subsection 2 shall not be binding on the nagar panchayat or the council, as the case may be.

section 65., to nagar panchayat or council. of the manipur municipalities act : 1 the nagar panchayat or the council at a meeting may agree with the person in whom the properly in any road, bridge, tank, ghat, well, channel, or drain, vests to take over the property therein or the control thereof, and after such agreement may declare by notice in writing put up thereon or near thereto that such roads, bridge, tank, ghat, well, channel or drain has been transferred to the nagar panchayat or the council, as the case may be. 2 on completion of the transfer, the property shall vest in the nagar panchayat or the council, as the case may be, and shall thenceforth be repaired and maintained out of the municipal fund.

section 71. of the manipur municipalities act : 1 a nagar panchayat or a council at a meeting specially convened for the purpose, two months before the close of the financial year, shall prepare in such form and manner as may be prescribed, a budget showing inter alia the probable receipts and expenditure during the ensuing year and after such revision as may appear requisite it shall pass the budget and such budget shall be submitted to the director for obtaining approval of the state government: provided that if the approval is not intimated within one month from the date of the receipt of the budget by the state government or the receipt of such other information as is called for by the state government, it shall be taken that the budget is approved. 2 the nagar panchayat or the council may, from time to time, revise any estimates of expenditure with the view of providing for any modification which it may deem advisable to make in the appropriation of the amount at its disposal and such revised budget shall be passed in the manner provided in subsection 1. 3 when the budget has been passed, the nagar panchayat or the council shall not incur any expenditure under any of the heads of the budget in excess of the amount sanctioned under that head without making a provision for such excess by a revision of the budget in the manner specified in subsection 2.

section 66. of the manipur municipalities act : when any land, whether within or without the limits of a municipality is required for the purposes of this act, the state government may, at the request of the nagar panchayat or the council, proceed to acquire it under the provisions of the land acquisition act, 1 of , and on payment by the nagar panchayat or the council, as the case may be, of the compensation awarded under that act and of any other charges incurred in acquiring the land, the land shall vest in the nagar panchayat or the council, as the case may be.

section 68. of the manipur municipalities act : 1 there shall be credited to the municipal fund: a all sums received by or on behalf of the nagar panchayat or the council under the provisions of this act or of any other law for the time being in force or under any contract b the balance, if any, standing at the credit of the nagar panchayat or the council at the commencement of this act c all proceeds of the disposal of property by, or on behalf of, the nagar panchayat or the council d all rents accruing from any property of the nagar panchayat or the council e all moneys raised by any tax levied for the purposes of this act f all fees payable and levied under this act g all moneys received by the nagar panchayat or by the council by way of compensation or for compounding offences under the provisions of this act h all moneys received by, or on behalf of, the nagar panchayat or the council from the state government or private individuals by way of grants, contribution, gift or deposits and i all interest and profit, arising from any investment of, or from any transaction in connection with, any money belonging to the nagar panchayat or the council. 2 nothing in this section or in this act shall affect any obligation of a nagar panchayat or of a council arising from a trust legally imposed upon or accepted by the nagar panchayat or by the council, as the case may be.

section 67. of the manipur municipalities act : 1 there shall be formed for each nagar panchayat and for each council a municipal fund to be called the municipal fund and it shall be held by the nagar panchayat or by the council, as the case may be, for the purposes of this act and subject to the provisions thereof. 2 the municipal fund shall vest in the nagar panchayat or the council, as the case may be.

section 69. of the manipur municipalities act : 1 a nagar panchayat or a council may, with the previous sanction of the state government and subject to such conditions as may be prescribed as to security, the rate of interest and the repayment of principal and interest, borrow either from the state government or any financial institution, any sum of money required or empowered to undertake under the provisions of this act. 2 nothing contained in subsection 1 or the rules made thereunder shall apply to grants or loans or advance made to a nagar panchayat or to a council by any department, office or authority of the state government or by any local authority or by any other institution towards, and for the purpose of, the implementation, achievement and accomplishment of community development schemes and a nagar panchayat or a council may accept any such grant or loan which shall be regulated and governed by the terms on which, and the conditions subject to which, the same is made or advanced.

section 70. of the manipur municipalities act : 1 all property vested in a nagar panchayat or in a council under this act, all funds received by it in accordance with the provisions of this act and all sums accruing to under the provisions of any law for the time being in force shall, subject to the provisions of this act, be applied for the purposes of this act, within the limits of the municipality. 2 notwithstanding anything contained in subsection 1, it shall be lawful for a nagar panchayat or a council, as the case may be, subject to rules made under this act: a to incur expenditure beyond the municipal limits on the acquisition of land, or on the construction, maintenance or repair of works, for the purpose of obtaining supply of water required for inhabitants of the municipality or on establishing slaughter houses or places for the disposal of nightsoil or sewage or carcasses of animals or for drainage works, or for the purpose of providing mechanically propelled transport facilities for the conveyance of the public or for the purpose of setting up dairies or farms for the supply, distribution and procuring of milkproducts for the benefit of the inhabitants of the municipality or for any other purpose calculated to promote the health, safety or convenience of the inhabitants of the municipality or b to take a contribution towards expenditure incurred by any other local authority or out of any public fund for measures affecting the health, safety or convenience of public calculated to benefit the residents within the limits of the contributing municipality or c to create scholarship tenable outside the limits of municipality or d to utilise the municipal fire brigade and other mechanical appliance beyond the municipal limits or e to make with the previous sanction of the state government any other kind of contribution as may be deemed necessary by the nagar panchayat or the council: provided that nothing in this section or in any other provision of this act shall be deemed to make it unlawful for a nagar panchayat or a council, when it has constructed works beyond the limits of the municipality for the supply of water or electrical energy or for drainage as aforesaid a to supply or extend to or for the benefit of any person or building or lands in any place whether such place is not within the limits of the said municipality, any quantity of water or electrical energy not required for the purpose of this act within the said municipality or the advantages afforded by the system of drainage works, on such terms and conditions with regard to payment and to the continuance or such supply advantages as shall be settled by agreement between the nagar panchayat or the council, as the case may be, and such persons or the occupier or owner of such buildings or land or b to incur any expenditure on such terms with regard to payment as may be settled as aforesaid for the construction, maintenance, repair or charge of any connection pipe or any electric supply lines or other works necessary for the purposes of such supply or for the extension of such supply or for the extension of such advantages.

section 72. of the manipur municipalities act : 1 every municipality shall maintain such accounts for every financial year in such forms as may be prescribed and submit such statement to the deputy commissioner, the director and the state government and such accounts shall be audited by the director, local fund audit and accounts of the government of manipur in such manner as may be prescribed. 2 the municipality shall comply with such directions as the state government may deem fit to issue after going through the audit report respecting it. 3 the municipality shall pay out of the municipal fund such sum as may be determined by the state government by way of charges for such audit.

section 79. of the manipur municipalities act : when it has been decided to impose any tax on the annual value of holdings, the assessor after making such enquiries as may be necessary, shall determine the valuation of all holdings within the municipality as hereinafter provided, and shall enter the same in a list called the valuation list, which shall be in the prescribed form: provided that valuation other than general valuation may be made by the municipality through such person as may be authorised by the municipality in this behalf.

section 73. of the manipur municipalities act : 1 the state finance commission constituted under section 97 of the manipur panchayati raj act, 26 of , shall also review the financial position of the municipalities and make recommendations to the governor as to a the principles which should govern i the distribution between the state and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may be divided between them under this act and the allocation between the municipalities at all levels of their respective shares of such proceeds ii the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipalities iii the grantinaid to the municipalities from the consolidated fund of the state b the measures needed to improve the financial position of the municipalities c any other matter referred to the finance commission by the governor in the interests of sound finance of the municipalities. 2 the governor shall cause every recommendation made by the commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.

section 74. of the manipur municipalities act : the state government may, from time to time, by notification in the official gazette a authorize a municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits to be prescribed by it b assign to a municipality such taxes, duties, tolls and fees levied and collected by the state government for such purposes and subject to such conditions and limits to be prescribed by it c provide for making such grantinaid to the municipalities from the consolidated fund of the state.

section 75. of the manipur municipalities act : 1 subject to the provisions of this chapter and with the previous approval of the state government, municipality may, from time to time, impose in the whole or in any part of the municipality any of the following taxes and tolls, namely: a a tax on holding situated within the municipality assessed on their annual value, payable by the owner of the building or land or both b a tax on all or any of the vehicles, other than covered by the motor vehicles act, 59 of , or animals used for riding, driving, draught or burden and used within the limits of the municipality whether they are actually kept within or outside the said limits c an octroi on goods brought within the limits of the municipality for sale, consumption or use within such limits d a latrinetax payable by the owners or occupiers for collections, removal and disposal of excrement or offensive matter from latrines, privies, urinals, cesspools or compounds by the municipality, within the limits of the municipality e a scavengingtax f lightingtax where the lighting arrangement is made by the municipality g a drainage tax where a system of drainage has been introduced by the municipality h a tax on deeds of transfer of immovable property situated within the limits of the municipality i a tax on advertisements made within the limits of the municipality other than noncommercial undertaking advertisements published in newspapers j a watertax where water is supplied by the municipality k market fees on person exposing goods for sale in any market or any place belonging to or under the control of the state government or of the municipality l a betterment charge on properties the value of which may be increased as a result of town planning scheme implemented by the municipality and m any other tax, toll, rate, charge or fee. 2 with the previous sanction of the state government a municipality may, from time to time, charge a fee in respect of the issue and renewal of any licence which may be granted by the municipality under this act and in respect of which no fee is leviable under subsection 1. 3 subject to the provisions of any law that may be made by parliament, any tax or fee which immediately before the commencement of this act, was being lawfully levied under the manipur municipalities act, manipur act 26 of notwithstanding that such tax or fee is not specified in subsection 1 shall continue to be levied by the nagar panchayat or, as the case may be, by the council. 4 the state government may from time to time direct the municipality to impose any tax or to modify the rate of any tax already imposed. 5 on default of the municipality to comply with the decision under subsection 4 within three months from the receipt of the direction the municipality may be required to furnish reason as to why the tax should not be imposed or modified, as the case may be.

section 76. of the manipur municipalities act : notwithstanding any provisions to the contrary all municipal taxes including services charges except under clause a of subsection 1 of section 75 in respect of government holdings shall be payable to municipality by the government department which is in control and management of the holdings.

section 77. of the manipur municipalities act : the state government shall have the power to exempt by an order published in the official gazette any class of building or holding from levying any tax under section 75 of this act.

section 78. of the manipur municipalities act : all the taxes mentioned in section 75 shall be collected in the manner provided in the byelaws.

section 80. of the manipur municipalities act : the assessor, in order to prepare the valuation list, may whenever he thinks fit, by notice require the owners or occupiers of all holdings to furnish him, within fifteen days with returns of the rent or annual value thereof and a description of the holdings in such detail as the municipality may direct and the assessor, at any time between sunrise and sunset may enter, inspect and measure any such holdings: provided that at least fortyeight hours, previous notice of the intention to enter, inspect and measure any holding shall be given to the owner or occupier thereof, unless he waives his right to such notice.

section 81. of the manipur municipalities act : 1 whoever refuses or fails to furnish any such return for the period of fifteen days from the day on which he has been required to do so, or knowingly furnishes a false or incorrect return or description shall be punishable with fine not exceeding five hundred rupees and with further fine not exceeding fifty rupees for each day during which he omits to furnish a true and correct return. 2 whoever obstructs, hinders or prevents the assessor appointed by the municipality from entering or inspection or measuring any such holding shall be punishable with fine not exceeding two thousand rupees.

section 82. of the manipur municipalities act : annual value means a in the case of hotels, colleges, schools, hospitals, factories and such other buildings, a proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building, less depreciation at the rate to be fixed by rule to the estimated value of the land appurtenant thereto, and b in the case of a building or land not falling within the provisions of clause a, the gross annual rent for which such buildings, exclusive of furniture or machinery therein or such land is actually let, or where the building or land is not let or in the opinion of the municipality is let for a sum less than its fair letting value, might reasonably be expected to let from year to year: provided that where the annual value of any building would, by reason of exceptional circumstances, in the opinion of the municipality be excessive if calculated in the aforesaid manner, the municipality may fix the annual value at any less amount which appears to it suitable: provided further that the rules framed in this behalf shall be subject to the prior approval of the government.

section 87. of the manipur municipalities act : 1 whenever the title to any holding is transferred both the transferor and the transferee shall for the purpose of clause b of subsection 1 of section 86 within three months after the execution of the instrument of transfer, or if no such instrument is executed, within three months after the transfer is effected, give notice in writing of such transfer to the municipality. 2 in the event of the death of the person in whom such title vests, the person to whom as heir or otherwise, the title of the deceased is transferred by descent or demise, shall within one year, from the death of the deceased, give notice in writing of such succession to the municipality. 3 every person liable for the payment of taxes on any holding, who transfers his title to or over such property, without giving notice of such transfer to the municipality, as aforesaid, shall unless the municipality on the ground of hardship arising out of special circumstances, otherwise directs, continue to be liable for the payment of all such taxes from time to time payable in respect of the said property until he gives such notice, or until the transfer shall have been recorded in the municipal books. 4 the municipality may levy a fee not exceeding one hundred rupees for every such transfer of title to a holding in addition to the tax provided for in clause a of subsection 1 of section 75.

section 83. of the manipur municipalities act : the mode of procedure and system of tax on the land and holdings will be such as may be prescribed by the rules to be framed by government from time to time in this behalf.

section 84. of the manipur municipalities act : as soon as possible after the percentage at which the tax is to be levied shall have been determined under section 83, the municipality shall cause to be prepared an assessment register which shall contain the following particulars, and any other matters which the municipality may think proper to include a number of the holding on the register with the name of the road, if any, in which the holding is situated b annual value of the holding as stated in the valuation list c names of owner and occupier d amount of tax payable for the financial year e amount of taxes payable separately under clause a, d, f or j of subsection 1 of section 75 f amounts of quarterly instalments and g if the holding is exempted from assessment, a note to that effect.

section 88. of the manipur municipalities act : 1 a new valuation list shall, unless otherwise ordered by the state government, be prepared in the same manner as the original list, once in every five years. 2 subject to any alteration or amendment made under section 86 and to the result of any application made under section 95 every valuation list or the assessment register shall be valid from the date on which the list or register takes effect in the municipality.

section 85. of the manipur municipalities act : 1 if any building belongs to one owner and the land on which it stands and any adjacent land which is usually occupied therewith belongs to another the municipality may value such building and land together and may impose thereon one consolidated tax. 2 the total amount of the tax shall be payable by the owners of the building, who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him as is equal to the proportion which such rent bears to the annual value of the holdings. 3 in case of disputes, the municipality shall determine what amount the owner of the building and of the land shall pay respectively.

section 86. of the manipur municipalities act : 1 the municipality may, at any time, direct an alteration in, or amendment of the assessment register a by entering therein the name of any person or any property which in its opinion ought to have been entered, or any property which has become liable to taxation after the preparation of the assessment register, or b by substituting therein with effect from the date of succession or transfer, as the case may be, for the name of the owner of any holding the name of any other person who has succeeded by transfer or otherwise, to the ownership of the holding, or c by altering the valuation of or assessment on any holding which in its opinion has been incorrectly valued or assessed, or d by revaluing or reassessing any holding the value of which has been increased by additions or alterations to buildings, or e by reducing, upon the application of the owner the valuation of any holding which has been wholly or partly demolished or destroyed, or the value of which has diminished from any cause beyond the control of the owner, or f by correcting any clerical or arithmetical error. 2 the municipality shall give at least one months notice to any person interested in any alteration which the municipality proposes to make under clause a, b, c or d of subsection 1. 3 every alteration made under subsection 1 in the assessment register shall be signed by the chairperson or the vicechairperson.

section 89. of the manipur municipalities act : 1 the municipality, for the purpose of general valuation may, with the concurrence of the government, appoint an assessor who shall neither be an employee nor a councillor of the municipality on such pay and with such establishment as it may determine. 2 notwithstanding anything contained in section 88 if at any time it appears to the state government that the valuation in any municipality is insufficient, excessive or inequitable, the state government may, by an order in writing, require the municipality to revise the valuation or to show cause against revision within a specified time, and if the municipality fails to comply with the order or in the opinion of the government the cause shown is inadequate, the state government may by an order in writing require the municipality to appoint with the approval of the state government an assessor for the municipality within a time and for a period to be specified in the order. the order shall fix the pay of the assessor and the cost of his establishment, and the pay and cost shall be paid monthly by the municipality.

section 96. of the manipur municipalities act : 1 every application presented under section 95 shall be heard and determined by a committee consisting of not more than five members. 2 the chairperson or the vicechairperson shall be one of the members of such committee ex officio, and the other members shall be appointed from among the councillors by the nagar panchayat or, as the case may be, by the council: provided that no member so appointed shall take part in hearing or determining any application from the ward in which he resides, or in the case of an elected member the ward which he represents, but nothing in this proviso, shall prevent any such member from giving evidence with regard to the matter under enquiry. 3 no such application shall be heard or determined by the committee unless at least three members including the chairperson or the vicechairperson are present. 4 the committee shall give notice to the applicant of the time and place at which application shall be heard, and after taking such evidence and making such enquiries as may be deemed necessary in the presence of the objector or his agent, if he appears the committee shall pass such orders as it may deem fit in respect of such application. 5 if the committee orders that any valuation to which the application relates shall be reduced, brief reasons for such reduction shall be recorded. 6 the decision of the committee or of a majority of the members thereof, in respect of any application referred to in this section shall be final.

section 91. of the manipur municipalities act : the first assessment register prepared for any municipality under the act and any revision thereof or alteration therein made under the foregoing section shall subject to the provision of sections 86 and 96 take effect, from the beginning of the quarter following the publication of the notice mentioned in sections 96.

section 92. of the manipur municipalities act : 1 the taxes mentioned in clauses a, g and l of subsection 1 of section 75 shall not be assessed or levied on any building which is used exclusively as a place of public worship, or on any holding which is duly registered as a public burial or burning ground under this act. 2 the municipality may exempt from assessment of the tax mentioned in clause a of subsection 1 of section 75 on any holding used for the purpose of a public charity. 3 the municipality may reduce the amount payable on account of any of the taxes mentioned in clauses a, b, f and i of subsection 1 of section 75 or remit the same on the ground of excessive hardship to the person liable to pay the same: provided that such reduction or remission shall not, unless renewed by the municipality, have effect for more than one financial year.

section 90. of the manipur municipalities act : whenever the valuation list is revised or altered wholly or in part or a new percentage is fixed under section 83 the assessment register also shall be revised and all consequential changes, made therein.

section 93. of the manipur municipalities act : an assessor appointed by the municipality under section 89 shall exercise all such powers of valuation as may be vested in him by the municipality or as may be prescribed.

section 94. of the manipur municipalities act : 1 when the valuation list mentioned in section 79 and the assessment register mentioned in section 84 shall have been prepared or revised the chairperson shall sign the same and shall cause them to be deposited in the office of the nagar panchayat or as the case may be, of the council, and shall cause a notice to be published in such form and manner as may be prescribed. 2 in all cases in which any property is for the first time assessed or the assessment is increased, the executive officer shall also give notice thereof to the owner or occupier of the property.

section 95. of the manipur municipalities act : 1 any person who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding or who disputes his occupation of any holding or his liability to be assessed, may apply to the municipality to review the amount of assessment of valuation or to exempt him from the assessment of tax: provided that no application shall be entertained unless the applicant has paid all arrears of dues to the municipality accorded up to the date of such application other than the sum which has been enhanced by the valuation or assessment against which the review application has been filed. 2 when an assessor has been appointed under section 89 notice of every such application shall be given by the municipality to the assessor.

section 100. of the manipur municipalities act : the various procedure that may be prescribed by the government from time to time will be followed for imposing and recovery of tax, tolls, fees and rates under this act.

section 97. of the manipur municipalities act : unless good cause shall be shown to the satisfaction of the committee referred to in section 96 for extending the time allowed, and save as is otherwise expressly provided in this act, no such application shall be received after the expiry of one month from the date of publication of the notice required by section 94 relating to the list or register containing the assessment, in respect of which the application is made, or after the expiry of fifteen days from the date of service of the first notice of demand for payment at the rate in respect of which the application is made whichever period shall last expire: provided that, if the municipality has served a notice under section 94 on any person, no such application shall be received from him after the expiry of fifteen days from the date of such service.

section 98. of the manipur municipalities act : no objection shall be taken to any assessment or valuation in any other manner than is provided in this act.

section 99. of the manipur municipalities act : no assessment of tax on property and no charge or demand of any tax made under authority of this act shall be invalid for error, defect in form, and it shall be enough in any valuation or assessment for purpose if the property so valued or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.

section 108. of the manipur municipalities act : 1 where any sum is due on account of a tax, other than octroi or tolls or any similar tax payable upon immediate demand, from a person to a municipality, the municipality may, without prejudice to any other mode of recovery provided in this act apply to the deputy commissioner to recover such sum together with costs of proceedings incurred in that behalf. 2 the deputy commissioner, on being satisfied that the sum mentioned in the application under subsection 1 is due, shall proceed to recover it as soon as may be thereafter, as arrears of land revenue.

section 101. of the manipur municipalities act : if any tax payable under this act by the owner of any holding remains unpaid after the notice of demand has been duly served, and if such owner is not resident within the municipality, or the place of abode of such owner is unknown, the tax may be recovered from the occupier for the time being of such holding, who may deduct, from the next and following payments of his rent the amount which may be so paid by or recovered from him: provided that if any such holding is occupied by more than one person, the sum to be recovered from any one of such persons shall be proportionate to the value of the part of the holding in the respective occupation of such persons

section 105. of the manipur municipalities act : whoever keeps or is in possession of any cart, carriage or animal without the licence as required under this act shall be liable to a fine not exceeding four times the fee payable by him in respect of such licence, in addition to the licence fee due.

section 107. of the manipur municipalities act : 1 the municipality may use its own land or building, or purchase, take on lease or otherwise acquire any land or building for the purpose of establishing a municipal market or improving any existing municipal market. 2 the municipality may levy rents, tolls and fees at such rates as it may think proper for the right to expose goods for sale in a municipal market and for the use of shops, stalls and standings therein and may also regulate such rates in respect of private markets or places used or declared by the municipality as a market place by a public notice in the locality. 3 the municipality may grant a lease for a period not exceeding three years for collection of rents, tolls and fees in municipal markets at the rates fixed by the municipality under subsection 2. 4 a lessee of a municipal market appointed under subsection 3 may refuse to allow any person to expose goods for sale in the market or to use shops, stalls and standings therein until the proper rents, tolls and fees have been paid. 5 whoever, having rendered himself liable to the payment of rents, tolls or fees refuses to pay the same shall be punishable with fine which may extend to five hundred rupees. 6 when resistance is offered to any person authorised to collect rents, tolls or fees, any police officer whom he may call to his aid, shall be bound to assist him and such police officer shall, for that purpose have the same powers as he has in the exercise of his ordinary police duties.

section 104. of the manipur municipalities act : every owner who under the provisions of section 102 may be entitled to recover any sum from any occupying tenant of any holding or of any portion thereof, shall have for the recovery of such sum all such and the same remedies, powers, rights and authorities as if such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occupation of such tenant.

section 109. of the manipur municipalities act : 1 if money be due under this act in respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable under this act, if the owner of such holding or his whereabouts are unknown or the ownership thereof is disputed or when the owner lives outside the municipality and has failed to pay it in spite of service of demand notice twice, the municipality may publish twice, at an interval of three months, a notification of sale of such holding and after the expiry of not less than three months from the date of the last publication, unless the amount recoverable be paid, may sell such holding to the highest bidder, who shall, at the time of sale, deposit forthwith twentyfive per cent, of the purchase money. the balance shall be paid within fifteen days of the date of sale. in default of payment of the balance amount, the money if any, so deposited shall be forfeited and the holding shall be resold. after deducting the amount due to the municipality, the surplus saleproceeds, if any, shall be credited to the municipal fund and may be paid on demand to any person who establishes his right of claim to the satisfaction of such municipality or in a court of competent jurisdiction. 2 any person may pay the amount due at any time before the completion of the sale and may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such property.

section 102. of the manipur municipalities act : if any holding is occupied by more than one tenant holding severally it shall be lawful for the municipality, to recover from the owner of such holding, any taxes payable under this act by the occupier of the holding.

section 103. of the manipur municipalities act : whenever any tax shall be recovered from any owner of any holding under the provisions of section 102, it shall be lawful for such owner, if there shall be but one occupying tenant of such entire holding, to recover from such tenant of the entire amount of the tax which shall have been so paid by such owner, and if there shall be one occupying tenant of a part of such holding, or more than one occupying tenant of such holding then to recover from each tenant such sum as shall bear to the entire amount of tax which may have been so recovered from such owner at the same proportion as the value of the proportion of such holding in the occupation of each tenant bears to the entire value of such holding.

section 106. of the manipur municipalities act : the municipality, may compound for any period not exceeding one year, with livery stablekeepers and other persons keeping carts, carriages or animals for hire, for a certain sum to be paid for the carts, carriages or animal so kept by such person in lieu of the licence fees specified in any order made by the municipality.

section 110. of the manipur municipalities act : the irrecoverable sum due to a nagar panchayat, or as the case may be, to a council may be written off in such manner and by such authority as may be prescribed.

section 111. of the manipur municipalities act : 1 a nagar panchayat or as the case may be, a council may a layout or make new public road or b widen, open, enlarge or otherwise improve any public road and construct tunnels and other works subsidiary to such road or c divert, discontinue or close permanently any public road or d sell or lease the land forming such road or any part thereof, acquired for the purpose of such road or for any other purpose of this act: provided that no such public road shall be discontinued, permanently closed or used for any other purposes without the previous sanction of the government. 2 in laying out, making, turning, diverting, widening, opening enlarging or otherwise improving any public road, the nagar panchayat or the council may, in accordance with the provisions of this act, acquire land required for the carriageway, footways and drains thereof.

section 112., of private road, drains, etc. of the manipur municipalities act : 1 where a nagar panchayat or a council considers that in any road not being a public road, or in any part of such road within the municipality, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the nagar panchayat or as the case may be, the council may, by written notice, require the owner or owners of the several lands or buildings fronting or adjoining the said road or abutting thereon to carry out such work in such manner and within such time as may be specified in such notice. 2 if the notice under subsection 1 is not complied with, such work may be executed by the nagar panchayat or the council, the expenses thereby incurred, shall be apportioned by the nagar panchayat or the council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of such lands and buildings. 3 after such work has been carried out by the owner or by the owners or on the failure of the owners to do so, by the nagar panchayat or the council at the expenses of such owners the road or part thereof in which such work has been done, may, and on the joint requisition of a majority of the said owners, shall be declared by public notice put up therein by the nagar panchayat or the council to be a public road.

section 118. of the manipur municipalities act : 1 the nagar panchayat or as the case may be, the council may issue a notice requiring the owner or occupier of any building to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such building, if the same overhangs the public road or just into or any way projects or encroaches upon, or is an obstruction to the safe and convenient passage along any public road or housegully, or obstructs, or projects or encroaches into or upon any drain, sewer or aqueduct in any public road or into or upon any public watercourse or ghat or any land in the nagar panchayat or the council, as the case may be. 2 if such owner or occupier fails to comply with such requisition within fortyeight hours of the receipt of the notice, or within such further time as the nagar panchayat or the council may allow the subdivisional magistrate may, on the application of nagar panchayat or of the council, order that such projection, obstruction or encroachment be removed or altered and thereupon the nagar panchayat or the council may remove or alter such projection, obstruction or encroachment, and any reasonable expense incurred for the purposes of such removal or alteration shall be recovered from the defaulting owner or occupier. 3 if the expense of removing or altering any such structure or fixture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deduct any reasonable expense incurred for the purposes of such removal or alteration from the rent payable by him to the owner of the building.

section 113. of the manipur municipalities act : 1 the nagar panchayat or as the case may be, the council may, by public notice prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or part of any such road. 2 any person who disobeys an order passed by the nagar panchayat or as the case may be, the council under the provisions of subsection 1 shall be punishable with fine not exceeding two hundred rupees.

section 119. of the manipur municipalities act : notwithstanding anything contained in sections 116 and 118, a district magistrate or a subdivisional magistrate shall, on being so required by the government, order any person responsible for any obstruction or encroachment or projection as specified in sections 116 and 118 to remove or alter such obstruction or encroachment or projection within a period of not less than fortyeight hours and on noncompliance the district magistrate or the subdivisional magistrate as the case may be, shall remove such obstruction or encroachment or projection and realise the expenses, thereby incurred from the person concerned as fine in a criminal court: provided that in case the person or persons responsible for such obstruction, encroachment or projection is or are not known or cannot be found the procedure laid down in section 117 shall be followed.

section 115. of the manipur municipalities act : 1 subject to the provisions of this act and the rules and byelaws made thereunder, no itinerant vendor or any other person shall use or occupy any public road or place for the sale of articles or for the exercise of any calling, or for setting up any booth or stall without the permission of the nagar panchayat or of the council. 2 whoever violate the provision of subsection 1 shall be punishable with fine which may extend to two thousand five hundred rupees and with fine which may extend to five hundred rupees for every subsequent offence after the first conviction.

section 114. of the manipur municipalities act : any person, who without the permission of the nagar panchayat or of the council, a encroaches upon any public road or housegully or upon any public drain, sewer, aqueduct, watercourse or that by making any excavation or by erecting any wall, fence, rail, post, projection or other obstruction, or by deposing any movable property thereon, or b takes up or alters the pavements or other materials, fences or posts on any public road, shall, for every such offence, be punishable with fine not exceeding two thousand and five hundred rupees and with a further fine not exceeding two hundred rupees for every day during which the encroachment continues after the first conviction.

section 116. of the manipur municipalities act : the nagar panchayat or as the case may be, the council may, notwithstanding any proceedings which may have been started against him under this act, issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected or stacked, on any part of a public road, housegully, public drain, sewer, aqueduct, watercourse, ghat or any land vested in the nagar panchayat or in the council and, if such person fails to comply with such requisition within fortyeight hours of the receipt of the same, the subdivisional magistrate may, on the application of the nagar panchayat or of the council, order that such obstruction or encroachment be removed and thereupon the nagar panchayat or the council may remove any such obstruction of encroachment and the expenses thereby incurred shall be paid by the person who erected or stacked the same.

section 117. of the manipur municipalities act : 1 if the person who built, erected or stacked the said building, fence, rail, post or other obstruction or encroachment referred to in the preceding section is not known or cannot be found, the nagar panchayat or as the case may be, the council may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or other obstruction or encroachment requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition. 2 if the said building, fence, rail, post or other obstruction or encroachment be not removed in compliance with the requisition contained in such notice within fortyeight hours of the posting of the same, the subdivisional magistrate may, on the application of the nagar panchayat or as the case may be, the council, order that such obstruction or encroachment be removed, and thereupon the nagar panchayat or as the case may be, the council may remove any such obstruction or encroachment, and may recover the cost of such removal, by sale of the materials so removed. 3 the surplus saleproceeds, if any, shall be credited to the municipal fund, and may be paid on demand to any person who established his right to the satisfaction of the nagar panchayat or as the case may be, the council or in any court of competent jurisdiction.

section 122. of the manipur municipalities act : whoever, being the owner or occupier of any house on land within a municipality, fails to comply with a requisition issued by the nagar panchayat or as the case may be, the council under the provisions of section 116, 117, 118 or 119 shall be punishable with fine not exceeding two thousand rupees, and with a further fine not exceeding one hundred rupees for every day during which the default is continued after the first conviction.

section 120. of the manipur municipalities act : every order made by a subdivisional magistrate or a district magistrate as the case may be, under section 116, 117, 118 or 119 shall be deemed to be an order made by him in the discharge of his judicial duty and the nagar panchayat or as the case may be, the council shall be deemed to be person bound to execute such order within the meaning of the judicial officers protection act, act xvii of .

section 121. of the manipur municipalities act : the nagar panchayat or as the case may be, the council may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drains, and to cut and trim any trees or bamboos thereon overhanging the public road, drain or tank, or any well used for drinking purpose or obstructing any public road or drain or causing or likely to cause damage to any public road or drain or any property of the nagar panchayat or of the council or likely to cause damage to person using any public road or likely to foul the water of any well or tank.

section 124. of the manipur municipalities act : 1 no person shall erect, materially alter or reerect or commence to erect, materially alter or reerect any building without the sanction of the nagar panchayat or of the council, as the case may be. 2 every person who intends to erect, materially alter or reerect any building shall give notice in writing to the nagar panchayat or as the case may be, to the council of such erection. 3 when byelaws have been framed under this act no notice under subsection 2 shall be considered to be valid until such notice has complied with the provision of the byelaws. explanation.an alteration in a building for the purposes of this section and of byelaws be deemed to be material if it a affects or is likely to affect prejudicially the stability or safety of the building, or the condition of the building in respect of drainage, ventilation, sanitation or hygiene b increase or diminishes the height or area covered by, or the cubical capacity of the building, or of any room in the building. 4 in the municipalities where water works are maintained it shall be compulsory for persons erecting or reerecting buildings costing rupees two lakhs or more excluding cost of land and of improvement of land to install sanitary latrines. the municipality shall withhold sanction if the plan and specification of the building submitted with the notice do not contain provision for installation of sanitary latrines.

section 128. of the manipur municipalities act : whoever erects, materially alters or reerects or commences to erect, materially alter or reerect any building without the previous sanction of the nagar panchayat or as the case may be, the council or in contravention of any directions given by the nagar panchayat or as the case may be, the council granting sanction under section 123 shall be liable to a fine not exceeding one thousand rupees for every such offence, and to a further fine not exceeding two hundred rupees for each day during which the offence is continued after his first conviction.

section 123. of the manipur municipalities act : 1 the nagar panchayat or as the case may be, the council may cause a name to be given to any public road and to be fixed in such place as it may think fit, and may also cause a number to be affixed to every building, and in like manner may, from time to time, cause such names and numbers to be altered. 2 any person who destroys, pulls down, defaces or alters anyname or number put up by the nagar panchayat or as the case may be, the council under subsection 1 shall, for every such offence be punishable with fine which may extend to two hundred rupees.

section 126. of the manipur municipalities act : 1 within sixty days after the receipt of the notice, required by subsection 2 of section 124, the nagar panchayat or as the case may be, the council may refuse to sanction the building or may sanction it either absolutely or subject to such modification as it may deem fit in respect of all or any of the matters specified in byelaws and the person erecting, materially altering or reerecting any such building as aforesaid shall comply with the sanction of the nagar panchayat or as the case may be, the council as granted in every particular. 2 when within a period of sixty days, the nagar panchayat or the council fails, after the receipt of a valid notice, to make and deliver to the person who has given such notice, an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposal of building absolutely: provided that the time taken by the applicant in furnishing any information requisitioned by the nagar panchayat or by the council, if any, after the receipt of the valid notice shall not be counted in the period of sixty days referred to in this subsection. explanation.the nagar panchayat or the council may refuse to sanction the erection, material alteration or reerection of any building either on the grounds affecting the particular building or in pursuance of general scheme adopted by the nagar panchayat or by the council at a meeting restricting the erection or reerection of building or any class of building within specified limits for the prevention of overcrowding or in the interest of the residents within such limits or for any other public purpose. permission may also be refused in any case in which there is any dispute between the nagar panchayat or as the case may be, the council and the applicant as to the title of the land on which it is proposed to erect the building until such dispute is decided.

section 129. of the manipur municipalities act : 1 if the construction of a building is started, or if a building is materially altered or erected a without sanction as required by section 126 1 or b without notice as required by section 124 2 or c when sanction has been refused or d in contravention of the terms of any sanction granted or e when the sanction has lapsed or f in contravention of any byelaws made under clause vi of subsection 1 of section 209, the nagar panchayat or as the case may be, or the council may, by notice to be delivered within a reasonable time, require the building to be altered or demolished as it may deem necessary, within the period of thirty days from the date of the service of such notice: provided that the nagar panchayat or as the case may be, or the council may instead of requiring the alteration or demolition of any such building accept by way of composition such sum as it may deem reasonable. 2 any person who fails to comply with a requisition issued by the nagar panchayat or as the case may be, or the council under the provisions of subsection 1 shall be liable to a fine not exceeding five hundred rupees and to a further fine not exceeding one hundred rupees for every day during which the person continues to make such default after service on him of such requisition.

section 125. of the manipur municipalities act : in any case in which no byelaws have been made under this act the nagar panchayat or as the case may be, the council may, within fourteen days of the receipt of the notice required by subsection 2 of section 124, require a person who has given such notice to furnish, within one week of the receipt by him of the requisition, information on all or any of the matters as to which byelaws might have been made and in such case the notice shall not be valid until such information has been furnished.

section 130. of the manipur municipalities act : the nagar panchayat or as the case may be, the council by written notice, may require any person who has made any external roof or wall with thatch mats, leaves or other inflammable materials and in contravention of byelaws made under section 209 to remove or alter such roof or wall within a period to be specified in the notice.

section 127. of the manipur municipalities act : a permission to erect, materially alter or reerect building granted under this chapter or deemed to have been given by the nagar panchayat or as the case may be, the council, shall unless it is renewed on an application made to the nagar panchayat or the council for this purpose continue only for one year after the date on which it is granted.

section 131. of the manipur municipalities act : the nagar panchayat or as the case may be, the council may, attach or cause to be attached to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.

section 138. of the manipur municipalities act : whenever any land, being private property or within any private enclosure, appears to the nagar panchayat or the council by want of drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities of a surface to afford facilities for the commission of a nuisance, the nagar panchayat or the council may require the owner or the occupier of such land or both within fifteen days, to drain such land or level surface: provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person, the nagar panchayat or as the case may be, the council shall provide such land and pay such compensation.

section 132. of the manipur municipalities act : 1 if a building, or a room in a building is in the opinion of the nagar panchayat or as the case may be, the council unfit for human habitation in consequence of the want of proper means of drains or ventilation or otherwise, the nagar panchayat or as the case may be, the council may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used whether absolutely or not unless, within a time to be specified in the notice he effects such alteration therein as is specified in the notice. 2 upon failure of a person to whom notice is issued under subsection 1 to comply therewith, the nagar panchayat or as the case may be, the council may require by further notice the demolition of the building or room. 3 any person who uses a building or room or suffers to be used contrary to the provision of subsection 1 shall be punishable with fine not exceeding five hundred rupees, and with a further fine not exceeding one hundred rupees for every day during which the offence is continued after the first conviction.

section 133. of the manipur municipalities act : 1 a nagar panchayat or as the case may be, a council may require by notice the owner or occupier of any land or building a to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary any building, portion of a building, wall or other structure or anything affixed thereto which appears to it to be in ruinous condition or dangerous to inmates if any, passersby or other property, or b to repair, secure or enclose, within eight days from the date of service of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which appear to the nagar panchayat or the council to be dangerous to persons by reason of its situation, want of repairs or other such circumstances. 2 where it appears to the nagar panchayat or the council that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the nagar panchayat or as the case may be, of the council to take immediate action and recover the expense so incurred from the owner or occupier of the building or the owner or occupier of the land to which such building or other structure or anything is affixed.

section 134. of the manipur municipalities act : whenever it appears to the nagar panchayat or council that any building by reason of abandonment or disputed ownership or other cause is undaunted or by reason of having fallen into ruins, affords facilities for the commission of a nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the nagar panchayat or the council may require the owner of such building or the land to which such building is attached, to properly secure the same, or to remove or level such ruins, as the case may require.

section 139. of the manipur municipalities act : 1 the nagar panchayat or the council may require the owner or occupier of any land within eight days or such longer period as the nagar panchayat or the council may fix, either to reexcavate or at his option fill up with suitable material or to cleanse any well, watercourse, private tank or pool therein, and to drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood: provided that if, for the purpose of effecting any drainage under this section, it shall be necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, nagar panchayat or as the case may be, the council shall provide such land and pay such compensation. 2 if under the provisions of this act the nagar panchayat or the council execute the work of such reexcavation or filling up with suitable material, it may take possession of the tank or pool or the sites of such tank or pool and retain such possession and turn the same to profitable account until the expenses thereby incurred shall have been realised.

section 135. of the manipur municipalities act : any owner or occupier of a house or land who fails to comply with requisition issued by the nagar panchayat or the council under the provisions of sections 133 and 134, shall be liable, for every such default, to a penalty not exceeding one thousand rupees, and to a further penalty not exceeding two hundred rupees, for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.

section 136. of the manipur municipalities act : subject to any other provision in this act as regard compensation, no compensations shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.

section 137. of the manipur municipalities act : the nagar panchayat or the council may, by notice, require the owner or occupier of any land within such time as the nagar panchayat or the council may fix to cut and remove any tree or bamboos or branches thereof, or eradicate and destroy vegetation and undergrowth which may appear to the nagar panchayat or the council to be insanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or to be grown, or to be obstruction or likely to obstruct the free passage for men or animals along a public road, or of any boat of stream vessel along a public water way.

section 141. of the manipur municipalities act : any owner or occupier of a house or land who fails to comply with a requisition issued by the nagar panchayat or the council under the provisions of section 137, 138, 139 or 140 shall be punishable with fine not exceeding one thousand rupees, and with a further fine not exceeding two hundred rupees for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.

section 147. of the manipur municipalities act : any person who fails to comply with a requisition issued by the nagar panchayat or, as the case may be, by the council under the provision of section 146 shall be liable for every such offence, to a fine not exceeding two hundred rupees and a further fine not exceeding fifty rupees for every day during which he shall continue to make such default after service on him of such requisition.

section 140., to be secured. of the manipur municipalities act : if any well, tank or other excavation, whether on public or private ground, be, for want of sufficient repair or protection, dangerous to passers by the nagar panchayat or as the case may be, the council shall forthwith require by notice such owner or occupier, or both within eight days, properly to secure or protect such well, tank or other excavation and if after the said period the work is not executed, the nagar panchayat or as the case may be, the council shall cause a temporary hoard or fence to be put for the protection of passersby and recover the expenses so incurred from the owner or occupier or the owners and occupiers of the land on which such tank, well or other excavation is situated.

section 143. of the manipur municipalities act : the municipality may provide and maintain in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleansed.

section 144. of the manipur municipalities act : 1 if any person, without the written permission of the municipality first obtained, marks or causes to be made, or alters or causes to be altered, any drain leading into any sewer, drain, watercourse, road or land vested in the municipality, the municipality may cause such branch drain to be demolished, altered, made or otherwise dealt with as it may deem fit, and the expenses thereby incurred shall be paid by such person, making or altering such branch drain. 2 the person so making or altering such branch drain shall also be liable for every such offence to a fine not exceeding five hundred rupees.

section 145., to run on any public road. of the manipur municipalities act : whoever causes or allows the water of any sink, sewer, latrine, urinal, cesspool or any other offensive matter belonging to him or being on his land to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, drain or be thrown into a surface drain near any public road shall be liable to a fine not exceeding two hundred rupees and a daily fine not exceeding fifty rupees during which the offence is continued.

section 150. of the manipur municipalities act : 1 the municipality may, from time to time, by an order published in the prescribed manner, appoint the hour within which sewage and offensive matter may be moved, the manner in which the same shall be moved, as also the hours within which only every occupier of any house or land may place rubbish in a receptacle provided by the municipality on or by the side of the public road. 2 the municipality may provide places convenient for the deposit of sewage and offensive matter and require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupiers from any house if the occupier thereof fails to do so.

section 151. of the manipur municipalities act : any person who places or allows to place rubbish on a public road or in a receptacle provided by the municipality at a time other than the time appointed by the municipality under subsection 1 of section 150 shall, for every such offence, be punishable with fine not exceeding five hundred rupees.

section 152. of the manipur municipalities act : any occupier of a house on or near a public road who keeps or allows to be kept, for more than twentyfour hours, or for more than such shorter time as may be appointed by the municipality, otherwise than in some proper receptable, any house, ashes, sewage or any noxious or offensive matter in or upon such house, or in any outhouse, yard or ground attached to and occupied with the house or suffers such receptacle to be in a filthy or noxious state, or neglects to employ means to cleanse the same shall, be punishable with fine not exceeding five hundred rupees.

section 153. of the manipur municipalities act : any person who, without the permission of the municipality throws or puts, or permits his servants to throw or put any sewage or offensive matter on any public road, or who throws or puts or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter into any drain communicating therewith shall be punishable with fine not exceeding five hundred rupees.

section 142. of the manipur municipalities act : if the director of medical health and family planning services, public health officer of the government or health officer of the municipality or such other medical officer of the medical department of manipur as may be prescribed, certifies that the cultivation of any description of crops, or the use of any kind of manure, or the irrigation of land in any specified manner a in any place within the limit of the municipality, is injurious to the health of person dwelling in the neighbourhood or b in any place within or without the limits of the municipality is likely to contaminate the water supply of the municipality or otherwise renders it unfit for drinking purposes the government, on receipt of an application from the municipality by public notice, prohibit the cultivation of such crop, the use of manure or the use of the method of irrigation so certified to be injurious, or impose such conditions with respect thereto as may prevent the injury

section 146. of the manipur municipalities act : if any land, near a sewer, drain or other outlet into which such land may, in the opinion of the nagar panchayat or as the case may be, the council, be drained, is not drained to the satisfaction of the nagar panchayat or as the case may be, of the council, it may require the owner within one month to drain the said land into such sewer, drain or outlet.

section 159. of the manipur municipalities act : 1 the municipality may, from time to time, out of the municipal fund, provide suitable places to be used as burial or burning grounds either within or without the limits of the municipality and may charge such fees on the persons using the places as may be fixed by byelaws which may be framed in that behalf. 2 the municipality may, by public notice, order any burial or burning ground situated within municipal limits or any municipal burial or burning ground outside such limits which is certified by the director of medical, health and family planning service or a public health officer of the state government or a health officer of the municipality to be dangerous to the health of persons living in the neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose. 3 if any person, without the permission of the municipality bury or burn any corpse, or permit, to be buried or burnt, any corpse at any place which is not any burial or burning ground made or formed according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to five hundred rupees. 4 private burial places may be exempted from the order subject to such conditions as the municipality may impose in this behalf: provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof. 5 no private burial or burning ground shall be made or formed within the municipality after the commencement of this act, without the permission in writing of the municipality.

section 149. of the manipur municipalities act : a municipality may also introduce a sewerage scheme for removal of sewage by flushing with water through underground closed sewers. when a municipality introduces such a scheme in its area the municipality may, where it is felt necessary, with the approval of the state government, levy additional latrine and water taxes to meet the cost and maintenance of such scheme.

section 148. of the manipur municipalities act : the nagar panchayat or, as the case may be, the council shall provide for the removal a of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other property vested in the municipality, and b in any municipality wherein a latrine tax has been imposed under subsection 1 of section 75 of sewage and offensive matter from all private latrines, privies, urinals, cesspools and compounds.

section 154. of the manipur municipalities act : all servants of the nagar panchayat, or as the case may be, of the council employed for the purposes mentioned in section 163 may, within such hours as may be fixed by the nagar panchayat or the council, enter any premises, of which the occupier or owner is liable to pay latrine tax and do all things necessary for the performance of their duties.

section 155. of the manipur municipalities act : 1 every nagar panchayat or as the case may be, the council shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the areas within its jurisdiction. 2 every nagar panchayat or as the case may be, the council shall provide sufficient and regular supply of drinking water fit for human consumption or for domestic purposes within the jurisdiction of the nagar panchayat or of the council.

section 156., near any source of water supply. of the manipur municipalities act : the municipality may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists as is likely to endanger the purity of water, a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.

section 157. of the manipur municipalities act : in the event of a municipality, or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf, the owner or occupier may during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water, is or is likely to be taken for the purpose of drinking and may further take such step as he deems fit to prevent the removal of water therefrom.

section 158. of the manipur municipalities act : 1 where any road or way has been made or any building, wall or other structure has been erected or any tree has been planted over a public drain culvert or a waterwork vested in the municipality, without the permission in writing of the municipality, the municipality may without prejudice to the generality of the other provision of this act a by notice require the person who has made the road, erected the structure or planted the tree, or the owner or occupier of the land on which, the road has been made, structure erected or tree planted, to remove or deal in any other way as the municipality thinks fit with the road, structure or tree or b itself remove or deal in any other way as it thinks fit with the road, structure or tree. 2 any expense incurred by a municipality for action taken under clause b of subsection 1 shall be recoverable from the person by whom the road or way made, structure erected or tree planted.

section 160. of the manipur municipalities act : the municipality may from time to time, out of the municipal fund, provide for the burial or burning of paupers and unclaimed dead bodies, free of charge, within the limits of the municipality or otherwise arrange to dispose of as it thinks fit.

section 163. of the manipur municipalities act : if any officer specially empowered in this behalf by the nagar panchayat or by the council is satisfied that any person occupying any stall or space in any municipal market is in unauthorised occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with the previous sanction of the nagar panchayat or of the council, require such person to vacate the stall or space within such time as may be mentioned in the requisition and such person may, in addition to any penalty to which he may be liable under this act, be summarily removed from the stall or space.

section 167. of the manipur municipalities act : 1 if it is shown to the satisfaction of a nagar panchayat or of a council that any building or place within the limits of the municipality which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to cause a public nuisance, the nagar panchayat or the council may at its option require by notice the owner or occupier of the building or place a to desist or refrain, as the case may be, from using, or allowing to be used, the building or place for such purpose, or b only to use, or allow to be used, the building or place for such purpose under such conditions or after such structural alterations as the nagar panchayat or the council imposes or prescribes in the notice with the object of rendering the use of the building or place for such purpose free from objection. 2 whoever, after receiving a notice given under subsection 1, uses or allows to be used any building or place in contravention of the notice shall be punishable with fine which may extend to four hundred rupees for every day on which he so uses or allows to be used the place or building after the date of the first conviction.

section 164. of the manipur municipalities act : 1 the nagar panchayat or, as the case may be, the council may, and when required by the government shall fix places with the approval of the state government for slaughter of animals for sale, and the nagar panchayat or council may grant and withdraw licence for the use of such premises, or, if they vest in the nagar panchayat or council, may charge rent for fees of the use of the places. 2 when any such premises have been fixed, no person shall slaughter any such animal for sale within the municipal area at any other place. 3 any person who slaughters for sale any animals at any place within the municipal area other than the one fixed by the nagar panchayat or as the case may be, the council under this section shall be punishable with fine which may extend to five hundred rupees.

section 161. of the manipur municipalities act : after the expiration of not less than twentyfour hours from the death of any person, the nagar panchayat or as the case may be, council may cause the corpse of such person to be burnt or buried, and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person. in every such case, the corpse shall be disposed of, so far as may be possible in manner consistent with the religious tenets of the deceased.

section 165. of the manipur municipalities act : a nagar panchayat or, as the case may be, the council shall arrange for inspection of the animal by a veterinary surgeon or a competent person before the animal is killed and may also arrange for inspection of the meat and organs for the purpose of certification, as may be laid down by byelaws of the meat for use as food.

section 166. of the manipur municipalities act : no person shall carry on the profession of a butcher except under a licence from the municipality.

section 162. of the manipur municipalities act : a municipality may establish and maintain markets at suitable places of the municipality for the convenience of the people.

section 168. of the manipur municipalities act : 1within such local limits as may be fixed by the municipality no place shall be used without a licence from the municipality which shall be renewable annually, for any of the following purposes, namely: a melting tallow b boiling offal or blood c skinning or disembowelling animal d the manufacture of bricks, pottery, tiles or lime in a klin, panja or lamp or by any other similiar method e as a soaphouse, oilboiling house, dyeing house f as tannery, slaughterhouse g as a manufactory or place of business from which offensive or unwholesome odour may arise h as a yard or depot for hay, straw, bamboo, thatching grass, jute or other dangerously inflammable material for the purpose of any trade i any storehouse for kerosene, petroleum napthamcoaltar or any inflammable oil or wholesale stock of matches exceeding one hundred gross j as a shop for the sale of meat k as a place for the storage of rags or bones, or both l tea stall m sweetmeat stall n hotel or eating house o aerated water p bakery, including biscuit factory. 2 such licence shall not be withheld unless the municipality has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to persons residing in or frequenting the neighbourhood. 3 the municipality may, subject, to such restrictions, if any, as it may impose, extend the provisions of this section to yards or depots for trade in coal, coke, timber or wood. 4 the grant of a licence for the purposes mentioned in clause i of subsection 1 shall be consistent with the provision of the petroleum act, 30 of and no such licences shall be granted unless the said provisions have been complied with by the applicant for the licence.

section 169. of the manipur municipalities act : 1 no place within a municipality shall be kept open for the purposes of regular gain or otherwise by means of public cinematographic exhibitions, dramatic performances, circuses, variety shows, or for purposes of public resort for similar recreations or amusements unless a licence has been granted therefor by the municipality, which licence shall be annually renewable and in accordance with such conditions as the municipality, subject to rules, may deem fit to impose: provided that such conditions shall not be inconsistent with the terms of any licence which may be required for such place under any other act. 2 no place within the municipality shall be used for the purposes of public cinematographic, performance, circus, variety shows, or as a place of public resort for similar recreations or amusements, otherwise than for the purpose of regular gain, unless a licence has been granted for such purpose by the municipality and in accordance with such conditions as the municipality, subject to rules, may think fit to impose: provided that such conditions shall not be inconsistent with the terms of any licence which may be required for such places under any other act: provided further that this subsection shall not apply to private amateur performances or to performances held wholly for the benefit of charity, in any such place. 3 if within a period of three months following the receipt of an application for licence under subsection 1 or subsection 2 the nagar panchayat or the council at a meeting has not passed order thereon, either granting or refusing a licence, it shall be deemed to have granted the licence.

section 175. of the manipur municipalities act : every person knowingly letting a house or other building or part of a house or building in which any person suffering from an infectious or contagious disease, had lived without having such house or other building or part thereof and all articles therein liable to retain infection, disinfected thereafter to the satisfaction of the nagar panchayat or the council, shall be punishable with fine not exceeding two thousand rupees. explanation.for the purpose of this section a hotel or lodginghouse keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodginghouse.

section 170., of licences. of the manipur municipalities act : subject to the provisions of section 196, any licence granted under section 169 by the municipality may, at any time, be suspended or revoked by it, if any of the restriction, limitations or conditions attached to the licence, be evaded or infringed by the grantee or if the grantee be convicted of a breach of any of the provisions of this act or of any rule or byelaw made thereunder in any matter to which such licence relates or if the grantee has obtained the same by misrepresentation or fraud.

section 173. of the manipur municipalities act : whoever a being a medical practitioner and in the course of such practice becoming cognizant of the existence of cholera, plague, small pox or other infectious disease, that may be notified in this behalf by the government in any dwellinghouse other than a public hospital in the municipality, or b being the owner or occupier of such dwelling house, and being cognizant of the existence of any such infectious disease therein, or c being the person in charge of, or in attendance, on a person suffering from any such infectious disease in such dwellinghouse, and being cognizant of the existence of the disease therein, fails to give information within twentyfour hours of becoming so cognizant or gives false information to such officer as the nagar panchayat or as the case may be, the council may appoint in this behalf respecting the existence of such disease shall be punishable with fine which may extend to five hundred rupees.

section 172. of the manipur municipalities act : 1 the nagar panchayat or, as the case may be, the council may, with a view to preventing the spread of any infectious or contagious disease, order that for a specified time, any market, teastall or restaurant, hotel or lodginghouse within the municipality shall be closed, or forbid any persons to attend any such market, teastall or restaurant, hotel or lodginghouse. 2 such order shall be notified in such manner and at such places as the nagar panchayat or the council may direct, and notice thereof shall be served on the owner, occupier or vendor of the market or the keeper of the hotel or lodginghouse, teastall or restaurant. 3 after complying with the notice to the owner or occupier, or vendor of the market or the keeper of the hotel or lodginghouse, teastall or restaurant or any person interested may appeal to the deputy commissioner, and if he considers the notice to be unreasonable, the order of the deputy commissioner shall be final. 4 when an order has been notified under subsection 2 and has not been set aside under subsection 3 any owner, occupier or vendor of a market or the keeper of hotel or lodginghouse, teastall or restaurant who neglects to close the market, hotel or lodginghouse, teastall or restaurant shall be liable to a fine which may extend to five thousand rupees and any person who attends such market, hotel or lodginghouse, teastall or restaurant in contravention of the terms of the order shall be liable to fine which may extend to five hundred rupees.

section 171. of the manipur municipalities act : every order granting, refusing, suspending, revoking, or modifying a licence under section 169 or section 170, as the case may be, shall be, in writing, shall state the ground on which it proceeds, shall be published on the notice board of the office of the nagar panchayat or the council and shall also be served on the owner of the premises concerned within fourteen days of the order.

section 174. of the manipur municipalities act : 1 if the nagar panchayat or, as the case may be, the council is of opinion that the cleansing or disinfecting of a building or any part thereof or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in such notice. 2 if a within the time specified as aforesaid from the receipt of the notice the person on whom the notice is served to have the building or part thereof or the article disinfected, or b the occupier or owner, as the case may be, gives his consent, the nagar panchayat or the council may, at the cost of such owner or occupier, cause the building or part thereof and articles to be cleansed and disinfected: provided that the nagar panchayat or the council may, in its discretion pay the whole or any part of such cost.

section 176. of the manipur municipalities act : the nagar panchayat or, as the case may be, the council may authorise any officer to enter, at any time between sunrise and sunset, after three hours notice into any building or premises in which any infectious or contagious disease is reported or suspected to exist, for the purposes of inspecting such building or premises on the basis of the report of the officer. the nagar panchayat or the council will have the power to declare that a person is suffering from contagious disease and that house is infectious.

section 177. of the manipur municipalities act : in any municipality when any person suffering from any infectious disease is found to be a without proper lodging or accomodation, or b living in a serai or other public hostel, or c living in a room or house which neither he nor any one, of whom he is a dependent, either own or pays rent for, the nagar panchayat or, as the case may be, the council, by any persons authorised by it in this behalf may, on the advice of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal.

section 178. of the manipur municipalities act : the municipality may provide open spaces, parks, playgrounds, common swimming pools and amenities for the use and enjoyment of the people and may frame byelaws regulating their use.

section 179. of the manipur municipalities act : every municipality shall, in regard to the establishment, maintenance and management of pounds, perform such function as may be transferred to it by notification under section 31 of the cattle trespass act, 1 of and lease out pound, when so transferred, according to rules framed under this section.

section 180. of the manipur municipalities act : 1 every notice, bill, form, summons or notice of demand under this act, may a be served personally on or presented to the person to whom the same is addressed or b if it cannot be so served, presented or delivered, be affixed on some conspicuous part of his place of abode or of the land, building or other thing in respect of which the notice, bill, form, summons or notice of demand is intended to be served or c be sent by post in registered cover. 2 every such notice, bill, form, summons or notice of demand shall be signed by or bear a facsimile signature of chairperson, vicechairperson or any other officer authorised by the chairperson in that behalf.

section 183. of the manipur municipalities act : 1 whenever it is provided in this act, that the nagar panchayat or, the council may require the owner or the occupiers, of any land or both to execute any work or to do anything, such requisition shall be made, as far as possible, by a notice to be served as provided in sections 180 and 182 on every owner or occupier who is required to execute such work or to do such thing but if there be any doubt as to the persons who are owners or occupiers, such requisition may be made by a notice to be affixed or posted upon or near the spot at which the work is required to be executed or the thing done requiring the owners or the occupiers, of any land or both, to execute such notice. it shall not be necessary to name the owners or occupiers. 2 every such requisition shall give notice to the persons to whom it is addressed that, if they fail to comply with the requisition or prefer an objection against such requisition as provided hereafter in section 184 the municipality may enter upon the land and cause the required work to be executed, or the required thing to be done and that in such case the expenses incurred thereby shall be recovered from the persons who are required in such requisition to execute such work or do such thing.

section 181. of the manipur municipalities act : when any notice under this act requires any act to be done for which no time is fixed by this act, the nagar panchayat or council shall fix a reasonable time for doing the same.

section 182. of the manipur municipalities act : when any notice is required to be given to the owner or to the occupier of any land, or both, such notice addressed to the owner or occupier or both, as the case may require, may be served on the occupier of such land, or otherwise in the manner mentioned in section 180: provided that when the owner and his place of abode are known to the nagar panchayat or to the council or other authorities issuing the notice they shall, if such place of abode be within the limits of their authority, cause such notice to be served on such owner, or left with some adult member or servant of his family and if the place of abode of the owner be not within such limits, they shall send every such notice by post in a registered cover addressed to his place of abode and such service shall be deemed to be good service of the notice: provided further that when the name of the owner or occupier or of both is not known it shall be sufficient to designate him or them as the owner or the occupier of the land in respect of which the notice is served.

section 184. of the manipur municipalities act : any person who is required by such requisition to execute any work or to do anything may instead of executing the work or doing the thing required, prefer an objection in writing to the municipality against such requisition within fifteen days of the service of the notice affixing or posting up of the notification containing the requisition, or if the time within which he is required to comply with the requisition be less than fifteen days, then within such less time.

section 185. of the manipur municipalities act : if the objector alleges that the cost of executing the work or of doing the thing required may exceed three thousand rupees, such objection shall be heard and disposed of by the municipality at a meeting, unless the chairperson or vicechairperson shall certify that such cost may not exceed three thousand rupees, in which case the objection shall be heard and disposed of by the chairperson and the vicechairperson: provided that in any case in which the chairperson or the vicechairperson shall have certified his opinion and the objection shall in consequence thereof have been heard and disposed of by the chairperson and the vicechairperson, the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three thousand rupees to the municipality as the cost of executing the work or doing the thing required, whereupon such person shall be relieved of all further liability and obligation, in respect of executing the work or doing the thing required and in respect of paying the expenses thereof and the municipality itself shall execute such work or do such thing, and shall exercise all powers necessary therefor.

section 186. of the manipur municipalities act : the chairperson or the vicechairperson, of the nagar panchayat or, the council as the case may be, shall after hearing the objection and making any enquiry which they may deem necessary, record an order withdrawing, modifying, or making absolute the requisition against which the objection is preferred and if such order does not withdraw the requisition it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest time which might have been mentioned in the original requisition under this act.

section 187. of the manipur municipalities act : if the person or persons required to execute the work or to do the thing fail, within the time specified in any requisition as aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same to the satisfaction of the municipality until it is completed, the municipality or any person authorised by it in that behalf, may, after giving fortyeight hours notice of its intention by a notification to be affixed or posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the work or doing of the thing required and the expenses thereby incurred shall be paid by the owners or by the occupiers, if such requisition was addressed to the owners or to the occupiers, as the case may be, and by the owners and the occupiers, if such requisition was addressed to the owners and the occupiers.

section 191. of the manipur municipalities act : if the municipality under the provisions of this act shall have caused any repairs to be made to any house or other structure and if such house or other structure be unoccupied, the municipality may enter into possession of the same, and may retain possession thereof until the sum expended by it on the repairs be paid to it.

section 189. of the manipur municipalities act : whenever any expenses incurred by the municipality are to be paid by the owners and occupiers of any land, as provided in section 187 the municipality may apportion the said expenses among the said owners and occupiers or such of them as are known in such manner as the municipality may deem fit.

section 188. of the manipur municipalities act : 1 whenever any expenses incurred by the municipality are to be paid by the owners of any land as provided in section 187 the municipality may, if there be more than one owner, apportion the said expenses among such of the owners as are known in such manner as the municipality may deem fit. 2 whenever any such expenses are to be paid by the occupiers of any land as provided in section 187 the municipality may, if there be more than one occupier, apportion the said expenses among such of the occupiers, as are known in such manner as the municipality may deem fit.

section 190. of the manipur municipalities act : whenever any works or alterations and improvements, of which the municipality is authorised by this act to require the execution, are executed by the occupier on the requisition of the municipality, or are executed by the municipality and cost thereof is recovered from the occupier, the cost thereof may, if the municipality certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payment of his rent due or becoming due to such owner, or may be recovered by him in any court of competent jurisdiction.

section 193. of the manipur municipalities act : 1 unless otherwise expressly provided in this act a court shall take cognizance of any offence under this act or under any rules or byelaws made thereunder except on the complaint of the municipality or some person authorised by the municipality by general or special order in this behalf. 2 no court inferior to that of a magistrate of the first class shall try any of the offences specified in subsection 1.

section 194. of the manipur municipalities act : 1 the offences under this act shall be compoundable: provided that no offence, arising from the failure to comply with a written notice given by or on behalf of, the nagar panchayat or the council, as the case may be, shall be compoundable unless the notice has been complied with. 2 sums paid by way of composition under this section shall be credited to the municipal fund.

section 192. of the manipur municipalities act : 1 the materials of anything which shall have been pulled down or removed under the provisions of section 183 may be sold by the municipality, and the proceeds of such sale shall be adjusted to the payment of the expenses incurred. 2 the surplus saleproceeds, if any, shall be credited to the municipal fund, and may be paid on demand to any person who establishes his right to the satisfaction of the municipality or in a court of competent jurisdiction.

section 199. of the manipur municipalities act : 1 when a dispute arises regarding the amount of compensation which the municipality is required by this act to pay, it shall be settled in such manner as the parties may agree, in default of agreement, by the deputy commissioner upon application made to him by the municipality or the person claiming compensation. 2 if the municipality or the person claiming compensation is not satisfied with the decision of the deputy commissioner, it or he shall have a right to require the deputy commissioner to make a reference to the district judge, in accordance with the provisions of section 18 of the land acquisition act, 1 of .

section 195. of the manipur municipalities act : every police officer shall give immediate information to the municipality of an offence coming to his knowledge which has been committed against this act or against any rules or byelaws made thereunder, and shall be bound to assist all members, officers and employees of the municipality in the exercise of their lawful duty.

section 196. of the manipur municipalities act : any person aggrieved by an order of a municipality refusing, revoking or suspending licence or permission required under this act may, notwithstanding anything contained elsewhere in this act, within thirty days from the date of refusal, revoking or suspension, appeal to the state government or an officer authorised by the government in that behalf whose decision shall be final and shall not be questioned in any court.

section 197. of the manipur municipalities act : 1 any person aggrieved, a by the refusal of the nagar panchayat or council under section 126 to sanction the erection, reerection or material alteration of any building or b by a notice from the nagar panchayat or council under section 112 requiring a road to be drained, levelled, paved, flagged, metalled, or provided with proper means of lighting or under section 129 requiring the alteration or demolition of a building or c by any order of the nagar panchayat or council under the powers conferred upon it by section 132 or by any order made by the nagar panchayat or by the council under byelaw framed under clause vii of subsection 1 of section 209, may, within thirty days from the date of such refusal, notice, order, appeal to the deputy commissioner. 2 no such refusal, notice or order shall be questioned otherwise than by such an appeal. 3 the decision of the deputy commissioner shall be final.

section 198. of the manipur municipalities act : no appeal under section 196 or section 197 shall be dismissed or allowed partly or wholly, unless reasonable opportunity of showing cause or being heard has been given to the parties.

section 200. of the manipur municipalities act : no suit shall be maintainable against nagar panchayat or council or any of its committees, or any officer or employee, or any person acting under or in accordance with, the direction of the nagar panchayat or of the council or any of its committees or any municipal officer or servant, in respect of anything in good faith done or intended to be done under this act or under any rule or byelaw made thereunder.

section 203. of the manipur municipalities act : 1 the government, or the deputy commissioner may, by order in writing, suspend the execution of any resolution or order of the municipality or prohibit the doing of any act which is about to be done or is being done, in pursuance of, or under this act, or in pursuance of any sanction or permission granted by the municipality in the exercise of their powers under this act, if in its or his opinion, the resolution, order or act is contrary to the public interest or is in excess of the powers conferred by law, or the execution of the resolution or order, or the doing of the act is likely to lead to a serious breach of the peace, or to cause serious injury or annoyance to the public, or to any class or body of persons. 2 when the deputy commissioner makes any order under this section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the government. 3 the government may obtain the views of the director and thereupon either rescind the order or direct that it continues in force with such modification and for such period as it may deem fit.

section 207. of the manipur municipalities act : 1 when a dispute arises between a nagar panchayat or a council or any other local authority on any matter which they are jointly interested, such dispute shall be referred to government, whose decision shall be final. 2 the government may regulate by rules made under this act the relation to be observed between a nagar panchayat or a council and other local authorities in any matter in which they are jointly interested.

section 206. of the manipur municipalities act : an order of dissolution shall have the following consequences, namely: a all the councillors of the nagar panchayat or of the council shall, as from the date of order, vacate their offices as such councillors b all the powers and duties which under the act may be exercised and performed by the nagar panchayat or the council, whether at a meeting or otherwise, shall, during the period of dissolution, be exercised and performed by such person or persons as the government may direct c all property vested in such nagar panchayat or the council shall, during the period of dissolution, vest in the government.

section 208. of the manipur municipalities act : 1 the government may, by notification and subject to the condition of previous publication, make rules for the purpose of carrying into effect the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: i manner in which the minutes of the proceedings of a meeting of a nagar panchayat or a council or its committees shall be recorded and published ii form and manner in which the accounts of receipts and expenditures of a nagar panchayat or a council shall be kept iii form and manner in which the annual budget of a nagar panchayat or a council shall be prepared iv manner in which returns, statements and reports by a nagar panchayat or a council shall be submitted v matter not specifically provided for in this act for the valuation of holdings, for the assessment, collection and refund of taxes imposed under this act vi determination of fees payable upon distraint warrant under this act vii regulation, management and inspection of the working systems of watersupply, lighting, drainage or sewerage provided, established or maintained by or under the control and administration of a nagar panchayat or a council viii form and procedure for taking oath or affirmation by chairperson, vicechairperson and councillor the authority who shall administer oath or affirmation and ix manner in which byelaws shall be published after confirmation by the government. 3 every rule made under this act shall be laid, as soon as may be after it is made, before legislative assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the session or the successive sessions aforesaid, legislative assembly makes any modification in the rule or decides that any such rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 201. of the manipur municipalities act : 1 no suit or other legal proceeding, not being a criminal proceeding, shall be instituted against any nagar panchayat or council, or any of its officers in respect of any act purporting to be done by such officer in his official capacity, or any person acting under its direction, until the expiry of two months next after notice in writing has been delivered to or left at the office of a in the case of a suit against the nagar panchayat or council, the executive officer b in the case of an officer, the officer against whom the suit or proceeding is instituted and, in the case of any person acting under its direction, delivered to him at his place of residence or business stating the cause of action, the name, description and place of residence of the plaintiff or the petitioner and the relief which he claims and the plaint or the petition shall contain a statement that such notice has been so delivered or left. explanation.in this section officer includes the chairperson and the vicechairperson. 2 every such action shall be commenced within three months next after the arising of the cause of action, and not afterwards.

section 202. of the manipur municipalities act : the deputy commissioner or the director or any officer so empowered by the government in this behalf may at any time i enter into and inspect, or cause any other person to enter into or inspect a any immovable property in the occupation of, or b any work in progress under, or c any institution under the control and administration of the nagar panchayat, or as the case may be, the council and ii call for inspection of any book or document which may be, for the purpose of this act, in the possession or under the control of the nagar panchayat or, as the case may be, the council.

section 205. of the manipur municipalities act : if in the opinion of the government, a nagar panchayat or a council, as the case may be, is not competent to perform or persistently make default in the performance of the obligatory duties imposed upon it by or under this act or exceed or abuse its power the government may by notification, stating the reasons for so doing declare such nagar panchayat or council to be incompetent or in default or to have exceeded or abused its power, as the case may be, and dissolve such nagar panchayat or council: provided that a nagar panchayat or a council, as the case may be, shall be given a reasonable opportunity of being heard before its dissolution: provided further that when a nagar panchayat or a council, as the case may be, is dissolved, the government may appoint any person or persons to exercise and perform the powers and duties of the nagar panchayat or the council during the period of dissolution until the new nagar panchayat or the council, as the case may be, is constituted: provided also that the government shall, before the expiry of a period of six months from the date of dissolution of the nagar panchayat or the council, cause fresh elections to be held for the constitution of a new nagar panchayat or a new council.

section 204. of the manipur municipalities act : 1 if, in any case of emergency, the deputy commissioner upon the recommendation of the concerned technical advisor immediately, available, is of opinion that the immediate execution of any work or the immediate doing of any act which the nagar panchayat or the council, whether at a meeting or otherwise, are empowered to execute or do, is necessary for the health or safety of the public, he may call upon the nagar panchayat or the council to execute the work within such time as he may appoint. if such work is not executed within such period he may appoint some other person to execute the work or do the act immediately. 2 the deputy commissioner shall forthwith report to the government every case in which he uses the powers conferred on him under subsection 1 whereupon the government may pass such order as it may deem fit. 3 where any person is appointed under subsection 1, the deputy commissioner may direct that the expense of performing the duty, executing the work or doing the act, together with reasonable remuneration, if any, to the person so appointed, shall forthwith be paid by the nagar panchayat or by the council. 4 where such expense and remuneration are not so paid, the deputy commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense and remuneration, or so much thereof as is possible from the balance, in priority to any or all other charge, and such person shall make payment accordingly.

section 209. of the manipur municipalities act : 1 a municipality may, frame byelaws consistent with the provisions of this act and the rules made thereunder for carrying out the provisions of this act, for i any matter in respect of which power to frame byelaws is conferred expressely on the municipalilty under this act ii regulating traffic, and preventing obstructions and encroachments and unisances on or near public roads, or on or near pontoons bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water iii prescribing a minimum width of wheeltyres or a minimum diameter and the maximum wheeltracks or wheels for different classes of carts and carriage kept or used within the municipality iv prescribing the manner in which notice of the intention to erect, reerect, materially alter a building shall be given to the municipality v requiring that with every such notice shall be furnished with a siteplan of the land on which it is intended to erect, reerect or materially alter such building and plan and specification, and in the case of erection or reerection of a building, estimate also of the cost of construction excluding cost of land and its improvement of the building, all such characters and with such details as the byelaws may require in respect of all or any of the following matters, viz. a free passage or way in front of the building b space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire c provision and position of latrines, privies, urinals, cesspools or drains d level and width of foundation, level of the lowest floor, and stability of the structure and e the line of frontage with neighbouring buildings, it the building abuts on a public road vi regulating in respect of the erection, reerection or material alteration of any buildings, within the municipality or part thereof a the materials and method of construction to be used for external and partition walls, roofs and floors b the materials and method of construction and position of fireplaces, chimneys, latrines, privies, urinals, cesspools and drains c the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on d the space to be left about the building to secure the free circulation of air and for the prevention of fire e the line of frontage where the building abuts on a public road f the number and height of the storeys of which the building may consist g the means to be provided for egress from the building in case of fire h any other matter affecting the ventilation or sanitation of the building and i matter concerning sanitary conditions and water pollution of the area vii preventing the erection of buildings without adequate provisions being made for the laying out and location of roads viii regulating the level, means of drainage, alignment and width of roads constructed by private persons ix regulating the use of, and the prevention of nuisance in regard to public watersupply, bathing and washing place, streams, channels, tanks and wells x regulating, either by granting licences necessary or otherwise, the washing of clothes by professional washerman, and fixing the places in which clothes may be so washed or in which they may not be so washed xi prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable of containing water xii regulating the cutting of trees and bamboos within the municipality xiii regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, privies, urinals, cesspools, drains and sewers xiv providing for the inspection and regulation of markets and for the preparation and exhibition of a price list thereat xv regulating the hours and manner of transport within the municipality of any specified articles of food or drink xvi fixing the places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold or exposed for sale and regulating the sale of foodstaff unfit for human consumption xvii regulating either by granting licences necessary or otherwise, or prohibiting, for the purpose of preventing danger to the public health the stalling or herding of horses, cattle, swine, donkeys, sheep or goats, geese, ducks and fowls xviii providing for the inspection of milch cattle and prescribing the measures to be taken on the occurrence among them of infections or contagious diseases and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing drainage and watersupply of dairies and cattlesheds in the occupation of persons carrying on the trade of dairymen or milksellers xix providing for the inspection and proper regulation of encamping grounds, pounds, serais, or dharmsalas bakeries and serated water factories, ice factories, flour mills, oil mills, sweetmeat shops, factories and other places in which mechanical or electrical power is employed, and slaughter house xx preventing nuisances affecting the public health, safety, or convenience in places of public resort for purposes of recreation or amusement xxi preventing nuisances affecting the public health, safety or convenience xxii controlling and regulating the use and management of burial and burning grounds and the disposal of corpses xxiii providing for the holding of fairs and industrial exhibitions within the municipality or under the control of the municipality and for fixing and collecting the fees to be levied thereat xxiv fixing the conditions on which licences under this act are to be granted and may be suspended or revoked xxv preventing and removing any encroachments on any municipal land including markets, drains, roads, etc. xxvi giving effect to the objects and purposes of this act and the municipality may by such byelaws impose on offenders against any provision of the byelaws, such reasonable penalties as it may think fit, not continuing offence, a further penalty not exceeding two hundred rupees for each day after written notice of the offence to them from the municipality: provided that the above limits of rupees five thousand and rupees two hundred shall not apply to the offences in respect of the byelaws regulating octroi xxvii distribution of works among the officers and the members of the staff of the municipality.

section 211. of the manipur municipalities act : 1 the power to frame byelaws in the act shall be subject to the condition of previous notification. 2 no such byelaws shall come into force until it has been confirmed by the government. 3 the government may cancel its confirmation of any such bye law, and thereupon the byelaw shall cease to have effect.

section 213. of the manipur municipalities act : the government may from time to time frame model byelaws for any matter in respect of which a municipality is empowered to frame byelaws under this act and publish them in the official gazette for the guidance of municipality.

section 210. of the manipur municipalities act : 1 a nagar panchayat or council whose municipality is wholly or in part situated in a hilly tract may, in addition to such byelaws as it may make under the preceding section frame byelaws for regulating or prohibiting the cutting or destroying of tree or shrubs or the making of excavations or removal of soil or quarrying, where such regulation or prohibition appears to the nagar panchayat or the council to be necessary for any or all of following purposes: a the maintenance of water supply b the preservation of the soil c the prevention of landslips d the formation of ravines or torrents e the protection of land against erosion or the deposit thereon of sand, gravel or stones f the protection of the beauty or general appearance of the municipality. 2 the nagar panchayat or the council may, by any byelaw framed under this section, declare that any person commiting a breach of any such byelaw, or failing to comply with any notice issued thereunder, shall be liable to fine which may extend to five hundred rupees and to a further fine, which may extend to two hundred rupees for each day after conviction during which the offence is continued.

section 212. of the manipur municipalities act : every byelaw shall, after confirmation, be published in the prescribed manner.

section 216. of the manipur municipalities act : for the purpose of election of chairperson, vicechairperson and councillor, the government shall make rules for election and election petition under this act.

section 214. of the manipur municipalities act : 1 no act of the nagar panchayat or of the council or of any of its committees shall be deemed to be invalid by reason of any vacancy in the membership thereof. 2 any proceeding of a meeting of the nagar panchayat or of council or of any committee thereof shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.

section 215. of the manipur municipalities act : 1 the election of a person to the office of a councillor shall not be called in question except by a petition to be filed before the election tribunal within such time and in such manner as may be prescribed, on the ground that a the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election or b that the result of the election has been materially affected i by the improper acceptance or rejection of any nomination or ii by gross failure to comply with the provisions of this act or the rules framed thereunder. 2 the election tribunal constituted under section 103 of the manipur panchayati raj act, 26 of , shall also be the election tribunal for the purposes of subsection 1. 3 the decision of the election tribunal shall be final.

section 220. of the manipur municipalities act : 1 every person who a is not less than 18 years of age on the qualifying date, and b is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area. 2 no person shall be entitled to be registered in the electoral roll for any municipal area in more than one place. 3 no person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other local authority. explanation i.the expression qualifying date shall mean such date as the government may by notification specify for the purposes of this act. explanation ii.the expression ordinarily resident shall have the same meaning as assigned to it in section 20 of the representation of the people act, 43 of .

section 221. of the manipur municipalities act : if any difficulty arises in giving effect to the provisions of this act, the government may, by order do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purpose of removing the difficulty.

section 217. of the manipur municipalities act : 1 no civil court shall have jurisdiction to question the legality of any action taken or any decision given by an officer or authority appointed under this act, in connection with the conduct of elections thereunder. 2 notwithstanding anything contained in this act, a the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under this act shall not be called in question in any court b no election to any municipality shall be called in question except by an election petition presented to election tribunal and in such manner as is provided for by this act.

section 218. of the manipur municipalities act : 1 the superintendence, direction and control of the preparation of electoral rolls for, and conduct of, all elections to the municipalities shall be vested in the state election commission constituted under section 98 of the manipur panchayati raj act, 26 of . 2 subject to the provisions of this act, election to the municipality shall be held in accordance with the rules made by the government in this behalf. 3 the government shall, when so requested by the state election commission, make available to the state election commission such staff as may be necessary for the discharge of the functions conferred on the state election commission under this act.

section 223. of the manipur municipalities act : 1 a copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a nagar panchayat or a council, shall, if duly certified by any person authorised by any byelaw in this behalf, be received as evidence of the existence of any entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matters. 2 for the issue of such copies the nagar panchayat or as the case may be, the council may impose such fees as may be fixed by any byelaw in this behalf.

section 222. of the manipur municipalities act : the provisions of this act, rules and byelaws, and orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

section 219. of the manipur municipalities act : 1 for every municipal area, there shall be an electoral roll showing the names of persons qualifying to vote. 2 the electoral roll for every municipal area shall be divided into several parts, one for each ward of a municipal area. 3 the electoral roll for a municipal area shall be prepared, revised or corrected by the state election commission in accordance with such rules as may be made by the government in this behalf: provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed. 4 notwithstanding anything contained in this act, the electoral roll for the time being in force for the election of members of the manipur legistive assembly, so far as it relates to the area comprised in the municipal area, may be adopted as the electoral roll for that municipal area for the purposes of preliminary publication.

section 225. of the manipur municipalities act : if any person violates any of the provisions of this act for which a penalty is not already provided under this act, he shall be liable to a fine not exceeding rupees five hundred for each day in the case of continuing violation.

section 228. of the manipur municipalities act : 1 the governor may by notification notify an area having a population of ten lakh or more comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, to be a metropolitan area for the purposes of this act. 2 on such notification the government shall constitute in every metropolitan area a metropolitan planning committee to prepare a draft development plan for the metropolitan area as a whole. 3 the government may prescribe by notification with respect to a the manner in which the seats in such committee shall be filled: provided that not less than twothirds of the members of such committee shall be elected by, and from amongst, the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area in proportion to the ratio between the population of the municipalities and of the panchayats in that area b the representation in such committee of the government of india and the government and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such committee c the functions relating to planning and coordination for the metropolitan area which may be assigned to such committee d the manner in which the chairperson of such committee shall be chosen. 4 every metropolitan planning committee shall, in preparing the draft development plan a have regard to i the plans prepared by the municipalities and the panchayats in the metropolitan area ii matters of common interest between the municipalities and the panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation iii the overall objectives and priorities set by the government of india and the government iv the extent and nature of investments likely to be made in the metropolitan area by agencies of the government of india and government, and other available resources whether financial or otherwise b consult such institutions and organisations as the governor may, by order, specify. 5 the chairperson of every metropolitan planning committee shall forward the development plan, as recommended by such committee, to the government.

section 224. of the manipur municipalities act : no municipal officer or servant shall in any legal proceeding to which a nagar panchayat or a council is not a party be required to produce any register or document the contents of which can be proved by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for a special cause.

section 230. of the manipur municipalities act : 1 on the date of the commencement of this act, the manipur municipalities act, shall be deemed to have been repealed: provided that the said repeal shall not affect: a the validity, effect or consequence of anything done or suffered under the said enactment b any right, title, obligation or liability already acquired, accrued or incurred under the said enactment or any remedy or proceeding in respect thereof c any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed and e the operation of the said enactment in relation to areas falling within the municipal limits of moreh. 2 notwithstanding anything contained in subsection 1, all municipalities declared, limits defined, regulations and divisions made, all rules and byelaws, notifications, orders, appointments and assessments made, licences and notices, issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions or sanctions granted, contracts entered into, suits instituted and proceedings taken under the manipur municipal act, manipur act 26 of in force immediately before the commencement of this act shall continue to be in force and shall be deemed to have been respectively made, issued, imposed or assessed, passed, approved, granted, entered into, instituted and taken under this act until new provisions are made or superseded by anything done or any action taken under this act.

section 227. of the manipur municipalities act : 1 the district planning committee constituted under section 96 of the manipur panchayati raj act, 26 of shall also be the district planning committee for the purposes of this act. 2 the district planning committee shall consist a members of house of the people who represent the whole or part of the district b all the members of the state legislative assembly whose constituencies lie within the district c adhyaksha of the zilla parishad d mayor or the president of the municipal corpoaration or the municipal council respectively, having jurisdiction over the headquarters of the district and explanationfor the purposes of this clause, mayor or the president shall mean the chairperson of the municipal council or, as the case may be, of the municipal corporation e such number of persons not less than fourfifth of the total number of members of the committee as may be specified by the government elected in the prescribed manner from amongst the members of the zilla parishad, nagar panchayat and councillors of the municipal corporation and the municipal councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district. 3 the chairman of the district cooperative banks and of the development bank shall be permanent invitees of the committee. 4 the chief executive officers shall be the secretary of the committee. 5 the deputy commissioner for the districts shall be the chairman district planning committee. 6 the district planning committee shall consolidate the plans prepared by the zilla parishad, gram panchayat, nagar panchayat, municipal council and the municipal corporation in the district and prepare a draft development plan for the district as a whole. 7 every district planning committee shall in preparing the draft development plan a have regard to i the matters of common interest between the zilla parishad, gram panchayats, nagar panchayats, municipal corporation and municipal councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation, ii the extent and type of available resources whether financial or otherwise b consult such institutions and organisations as the government may by order specify. 8 the chairman of every district planning committee shall forward the development plan, as recommended by such committee to the government.

section 231. of the manipur municipalities act : 1 the manipur municipalities ordinance, ord. 6 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 226. of the manipur municipalities act : every councillor and every officer or servant of the nagar panchayat or the council and every contractor or agent appointed by it for the collection of any tax or every person employed by such contractor or agent for collection of such tax shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 229. of the manipur municipalities act : the state government may, by notification delegate to any officer or authority subordinate to it any of the powers conferred on it or on any officer subordinate to it by this act, other than powers to make rules, to be exercised, subject to such restrictions and conditions as may be specified in the said notification.

section 6. of the sick industrial companies special provisions repeal act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the monies standing to the credit of provident fund, superannuation, welfare or other fund of officers and employees on their transfer to the central government, shall be dealt with by that government under the fourth proviso to clause a of section 4 b any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Sick Industrial Companies (Special Provisions) Repeal Act, 2003

section 1. of the sick industrial companies special provisions repeal act : 1 this act may be called the sick industrial companies special provisions repeal act, . 2 it shall come into force on such date as the central government may, by notification in the official gazette, appoint.

section 2. of the sick industrial companies special provisions repeal act : in this act, unless the context otherwise requires, a appellate authority means the appellate authority for industrial and financial reconstruction constituted under section 5 of the sick industrial companies special provisions act, 1 of b board means the board for industrial and financial reconstruction established under section 4 of the sick industrial companies special provisions act, 1 of c words and expressions used herein and not defined but defined in the sick industrial companies special provisions act, 1 of, shall have the meanings respectively assigned to them in that act.

section 3. of the sick industrial companies special provisions repeal act : the sick industrial companies special provisions act, hereinafter referred to as the repealed enactment is hereby repealed and the appellate authority and the board stand dissolved.

section 4. of the sick industrial companies special provisions repeal act : on the dissolution of the appellate authority and the board, a i the persons appointed as chairman and member of the appellate authority or the board and ii every other person appointed by the central government, appellate authority or the board, and holding office as such immediately before the commencement of this act, shall vacate his office and no such chairman, member or other person shall be entitled to claim any compensation for premature termination of the term of his office or of any contract of service: provided that every officer or employee who has been, immediately before the dissolution of the appellate authority or the board, appointed on deputation basis to the appellate authority or the board, shall stand reverted to his parent cadre, ministry or department, as the case may be: provided further that every officer or employee who has been, immediately before the dissolution of the appellate authority or the board, employed on regular basis by the appellate authority or the board, shall become, on and from the date of such dissolution, the officer and employee, respectively, of the central government with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such appellate authority or the board had not been transferred to, and vested in, the central government and shall continue to do so unless and until his employment in the central government is duly terminated or until his remuneration, terms and conditions of employment are duly altered by that government: provided also that notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in the appellate authority or the board, to the central government, shall not entitle such officer or employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority: provided also that where the appellate authority or the board has established a provident fund, superannuation, welfare or other fund for the benefit of the officers and employees employed in the appellate authority or the board, the monies relatable to the officers and employees whose services have been transferred by or under this act to the central government shall, out of the monies standing, on the dissolution of the appellate authority or the board, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the central government and such monies which stand so transferred shall be dealt with by that government in such manner as may be prescribed 1b on such date as may be notified by the central government in this behalf, any appeal preferred to the appellate authority or any reference made or inquiry pending to or before the board or any proceeding of whatever nature pending before the appellate authority or the board under the sick industrial companies special provisions act, 1 of shall stand abated: provided that a company in respect of which such appeal or reference or inquiry stands abated under this clause may make reference to the national company law tribunal under the insolvency and bankruptcy code, within one hundred and eighty days from the commencement of the insolvency and bankruptcy code, in accordance with the provisions of the insolvency and bankruptcy code, : provided further that no fees shall be payable for making such reference under insolvency and bankruptcy code, by a company whose appeal or reference or inquiry stands abated under this clause. 2provided also that any scheme sanctioned under subsection 4 or any scheme under implementation under subsection 12 of section 18 of the sick industrial companies special provisions act, shall be deemed to be an approved resolution plan under subsection 1 of section 31 of the insolvency and bankruptcy code, and the same shall be dealt with, in accordance with the provisions of part ii of the said code: provided also that in case, the statutory period within which an appeal was allowed under the sick industrial companies special provisions act, against an order of the board had not expired as on the date of notification of this act, an appeal against any such deemed approved resolution plan may be preferred by any person before national company law appellate tribunal within ninety days from the date of publication of this order. c the balance of all monies including any fee received by, or advanced to the appellate authority or the board, as the case may be, and not spent by it before the commencement of this act shall, on the commencement of this act, stand transferred to, and vest in, the central government and shall be utilised for the purposes of clauses e and f d all property of whatever kind owned by, or vested in, the appellate authority or the board, as the case may be, and not spent by it before the commencement of this act shall, on the commencement of this act, stand transferred to, and shall vest in the central government e all liabilities and obligations of whatever kind incurred by the appellate authority or the board and subsisting immediately before the commencement of this act shall, on and from the commencement of this act, be deemed to be the liabilities or obligations, as the case maybe, of the central government and any proceeding or cause of action, pending or existing immediately before the commencement of this act by or against the appellate authority or the board in relation to such liability or obligation may, as from the commencement of this act, be continued or enforced by or against the central government f all monies vested in the central government under clause c shall, after deducting the amount incurred for discharging the liabilities and obligations referred to in that clause, be refunded by the central government to the person to whom such amount is due. 1. subs. by act 31 of , s. 252 and the eighth schedule, for subclause b w.e.f. . 2. ins. by vide the insolvency and bankruptcy code removal of difficulties order, vide notification no. soe dated .

section 5. of the sick industrial companies special provisions repeal act : 1 the repeal by this act of the repealed enactment shall not a affect any other enactment in which the repealed enactment has been applied, incorporated or referred to b affect the previous operation of the repealed enactment or anything duly done or suffered thereunder c affect any right, privilege, obligation or liability acquired, accrued, or incurred under the repealed enactment d affect any order made by the board for sanction of the schemes e affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing f affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed enactment, affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this act had not been passed g affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed enactment h revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force. 2 save as otherwise provided in section 4 and in subsection 1 of this section, the mention of particular matters in the said section and subsection shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of ,with regard to the effect of repeal.

section 8. of the nagaland university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 1. of the nagaland university act : 1 this act may be called the nagaland university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 6th september, , vide notification no. s.o. 644e, dated 6th september, , see gazette of india, , extraordinary, part ii, sec. 3ii.

section 7. of the nagaland university act : 1 the jurisdiction of the university shall extend to the whole of the state of nagaland. 2 on and from commencement of this act, all colleges, institutions, schools and departments affiliated to, or admitted to the privileges of, or maintained by, the northeastern hill university shall stand affiliated to, or admitted to the privileges of, or maintained by, the university. 3 on and from the date of commencement of this act, the northeastern hill university shall cease to exercise its jurisdiction in the state of nagaland.

section 2. of the nagaland university act : in this act, and in all statutes made thereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university e college means a college maintained by, or admitted to the privileges of, the university f court means the court of the university g department means a department of studies and includes a centre of studies h distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means i employee means any person appointed by the university, and includes teachers and other staff of the university j executive council means the executive council of the university k hall means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university l institution means an academic institution, not being a college, maintained by, or admitted to the privileges of the university m northeastern hill university means the university established under section 3 of the northeastern hill university act, 24 of n planning board means the planning board of the university o principal means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal or the acting principal, a viceprincipal duly appointed as such p recognised institution means an institution of higher learning recognised by the university q recognised teachers means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university r regulations means the regulations made by any authority of the university under this act for the time being in force s school means a school of studies of the university t statutes and ordinances mean, respectively, the statues and the ordinances of the university for the time being in force u teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances v university means the nagaland university established under this act.

section 3. of the nagaland university act : 1 there shall be established a university by the name of nagaland university. 2 the headquarters of the university shall be at lumami and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council, the academic council and the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of nagaland university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 4. of the nagaland university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, agricultural science and forestry and other allied disciplines in the educational programmes of the university and to take appropriate measures for promoting innovations in teachinglearning processes, interdisciplinary studies and research to educate and train manpower for the development of the state of nagaland and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state, their intellectual, academic and cultural development.

section 5. of the nagaland university act : on and from the commencement of this act, all properties of the northeastern hill university in the state of nagaland shall stand transferred to, and vest in, the university and shall be applied to the objects for which the university is established.

section 6. of the nagaland university act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide facilities through the distance education system to such persons as it may determine vi to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching or academic positions vii to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition viii to recognise persons for imparting instructions in any college or institution admitted to the privileges of the university ix to appoint persons working in any other university or organisation as teachers of the university for a specified period x to create administrative, ministerial and other posts and to make appointments thereto xi to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xii to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects xiii to institute and award fellowships, scholarships, studentships, medals and prizes xiv to establish and maintain colleges, institutions and halls xv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xvi to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xvii to admit to its privileges colleges and institutions not maintained by the university to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes to recognise, guide, supervise, and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition xviii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xix to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes xx to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xxi to demand and receive payment of fees and other charges xxii to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xxiii to lay down conditions of service of all categories of employees, including their code of conduct xxiv to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxv to make arrangements for promoting the health and general welfare of the employees xxvi to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxvii to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxviii to do all such other acts and things as may be necessary, incidental or conceive to the attainment of all or any of its objects.

section 10. of the nagaland university act : the governor of the state of nagaland shall be the chief rector of the university.

section 9. of the nagaland university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges of institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made, a to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of the college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 9 the executive council or the management, as the case may be, shall communicate, through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 10 where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions. 11 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 12 the visitor shall have such other powers as may be prescribed by the statutes.

section 11. of the nagaland university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellor 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 17. of the nagaland university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 12. of the nagaland university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 18. of the nagaland university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 13. of the nagaland university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor may, if he is of opinion that immediate officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 19. of the nagaland university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the planning board 5 the boards of schools 6 the finance committee and 7 such other authorities as may be declared by the statutes to be the authorities of the university.

section 14. of the nagaland university act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the nagaland university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 21. of the nagaland university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 16. of the nagaland university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 20. of the nagaland university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 22. of the nagaland university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 23. of the nagaland university act : 1 the planning board shall be the principal planning body of the university. 2 the constitution of the planning board, term of office of its members and its powers and functions shall be prescribed by the statutes.

section 24. of the nagaland university act : the constitution, powers and functions of the boards of schools shall be prescribed by the statutes.

section 28. of the nagaland university act : show related subordinates 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statutes or addition to the statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsection, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 25. of the nagaland university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 30. of the nagaland university act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 26. of the nagaland university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 27. of the nagaland university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university and their emoluments e the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on a college or an institution or a department k the establishment and abolition of schools, departments, centres, halls, colleges and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges o the institution of fellowships, scholarships, studentships, medals and prizes p the delegation of powers vested in the authorities or officers of the university q the maintenance of discipline among the employees and students r all other matters which by this act are to be or may be provided for by the statutes.

section 29. of the nagaland university act : 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committee l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the supervision and management of colleges and institutions admitted to the privileges of the university q the setting up of a machinery for redressal of grievances of employees and r all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 31. of the nagaland university act : 1 the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 34. of the nagaland university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 32. of the nagaland university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 33. of the nagaland university act : 1 subject to the provisions of this act, every person employed immediately before the commencement of this act by the northeastern hill university in the state of nagaland shall be given an option, to be exercised in such manner and within such time as may be prescribed by the statutes, to join the university on the same terms and conditions and to the same rights and privileges as to pension, gratuity, provident fund and other matters, as he would have had under the northeastern hill university act, 24 of . 2 the option once exercised by the person under subsection 1 shall be final.

section 35. of the nagaland university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 34 shall, as far as may be, apply to a reference made under this subsection.

section 36. of the nagaland university act : every employee or student of the university or of a college or institution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 37. of the nagaland university act : 1 the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 38. of the nagaland university act : if any question arises as to whether any person has been duly appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 42. of the nagaland university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 39. of the nagaland university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 40. of the nagaland university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appointed or coopted the member whose place has become vacant and person appointed or coopted to a causal vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 41. of the nagaland university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 43. of the nagaland university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 48. of the nagaland university act : amendment of act 24 of .rep. by the repealing and amending act, 30 of , s. 2 and the first sch. w.e.f. .

section 44. of the nagaland university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 45. of the nagaland university act : notwithstanding anything contained in this act and the statutes, a the first chancellor and the first vicechancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the first planning board shall consist of not more than ten members, who shall be nominated by the visitor and they shall hold office for a term of three years e the first academic council shall be constituted on the expiry of a period of six months from the commencement of this act and during the said period of six months, the powers of the academic council shall be performed by the planning board constituted under section 23 f the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and they shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 46. of the nagaland university act : notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of college, institution, school or department, who, immediately before the admission of such college, institution, school or department, to the privileges of the university, was studying for a degree, diploma or certificate of the northeastern hill university, shall be permitted by the university, to complete his course for that degree, diploma or certificate, as the case may be, and the nagaland university and such college, institution, school or department, shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the northeastern hill university.

section 47. of the nagaland university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 8. of the air corporations transfer of undertakings and repeal act : 1 every officer or other employee of a corporation except a director of the board, chairman, managing director or any other person entitled to manage the whole or a substantial part of the business and affairs of the corporation serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in a company by virtue of this act, become, as from the appointed day, an officer or other employee, as the case may be, of the company in which the undertaking has vested and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under that corporation if its undertaking had not vested in the company and shall continue to do so as an officer or other employee, as the case may be, of the company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to be the officer or other employee of the company, within such period. 2 where an officer or other employee of a corporation opts under subsection 1 not to be in the employment or service of the company in which the undertaking of that corporation has vested, such officer or other employee shall be deemed to have resigned. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee of a corporation to a company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 the officers and other employees who have retired before the appointed day from the service of a corporation and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the company in which the undertaking of that corporation has vested. 5 the trusts of the provident fund or pilots group insurance and superannuation scheme of the corporation and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the company as was being done hitherto in the corporation. tax exemption granted to provident fund or pilots group insurance and superannuation scheme would continue to be applied to the company. 6 notwithstanding anything contained in this act or in the companies act, 1of or in any other law for the time being in force or in the regulations of a corporation, no director of the board, chairman, managing director or any other person entitled to manage the whole or a substantial part of the business and affairs of that corporation shall be entitled to any compensation against that corporation or against the company, as the case may be, for the loss of office or for the premature termination of any contract of management entered into by him with that corporation.

The Air Corporations (Transfer of Undertakings and Repeal) Act, 1994

section 1. of the air corporations transfer of undertakings and repeal act : 1 this act may be called the air corporations transfer of undertakings and repeal act, . 2 it shall be deemed to have come into force on the 29th day of january,.

section 3. of the air corporations transfer of undertakings and repeal act : on such date as the central government may, by notification in the official gazette, appoint, there shall be transferred to, and vest in, a indian airlines limited, the undertaking of indian airlines and b air india limited, the undertaking of air india.

section 2. of the air corporations transfer of undertakings and repeal act : in this act, unless the context otherwise requires, a appointed day means such date as the central government may, by notification in the official gazette, appoint under section 3 b company means indian airlines limited or air india limited formed and registered under the companies act, 1 of c corporations means indian airlines and air india established under section 3 of the air corporations act, 27 of , and corporation means either of the corporations.

section 9. of the air corporations transfer of undertakings and repeal act : the central government may give toa company directions as to the exercise and performance by that company of its functions, and that company shall be bound to give effect to any such directions.

section 7. of the air corporations transfer of undertakings and repeal act : any guarantee given for or in favour of a corporation with respect to any loan or lease finance shall continue to be operative in relation to the company in which the undertaking of that corporation has vested by virtue of this act.

section 5., to be deemed to have been granted to companies. of the air corporations transfer of undertakings and repeal act : with effect from the appointed day, all licences, permits, quotas and exemptions granted to a corporation in connection with the affairs and business of that corporation under any law for the time being in force, shall be deemed to have been granted to the company in which the undertaking of that corporation has vested.

section 11. of the air corporations transfer of undertakings and repeal act : 1 on the appointed day, the air corporations act, shall stand repealed. 2 the corporations shall, with the repeal of the air corporations act, , cease to exist.

section 4. of the air corporations transfer of undertakings and repeal act : 1 the undertaking of a corporation which is transferred to, and which vests in, a company under section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real or personal, corporeal or incorporeal, in possession or reservation, present or contingent, of whatever nature and wheresoever situate, including lands, works, workshops, aircrafts, cash balances, capital reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of that corporation in relation to its undertaking, whether within or outside india, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of that corporation in relation to its undertaking. 2 all contracts and working arrangements subsisting immediately before the appointed day and affecting a corporation shall, in so far as they relate to the undertaking of that corporation, cease to have effect or to be enforceable against that corporation and shall be of as full force and effect against or in favour of the company in which the undertaking has vested by virtue of this act and enforceable as fully and effectually as if, instead of the corporation, the company had been named therein or had been a party thereto. 3 any proceeding or cause of action pending or existing immediately before the appointed day by or against a corporation in relation to its undertaking may, as from that day, be continued and enforced by or against the company in which it has vested by virtue of this act, as it might have been enforced by or against that corporation if this act had not been passed, and shall cease to be enforceable by or against that corporation.

section 10. of the air corporations transfer of undertakings and repeal act : 1 if any difficulty arises in giving effect to the provision of this act, the central government may, by order published in the official gazette, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the coming into force of this act. 2 every order made under subsection 1 shall be laid before each house of parliament.

section 12. of the air corporations transfer of undertakings and repeal act : 1 the air corporations transfer of undertakings and repeal ordinance, ord. 4 of is hereby repealed. 2 notwithstanding such repeal of the air corporations transfer of undertakings and repeal ordinance, ord. 4 of , anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 6. of the air corporations transfer of undertakings and repeal act : 1 where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to a corporation under the incometax act, 43 of , such exemption, assessment or benefit shall continue to have effect in relation to the company in which the undertaking of that corporation has vested. 2 where any payment made by a corporation is exempt from deduction of the tax at source under any provision of the incometax act, 43 of , the exemption from tax will continue to be available as if the provisions of the said act made applicable to the corporation were operative in relation to the company in which the undertaking of that corporation has been vested. 3 the transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the incometax act, 43 of for the purposes of capital gains.

section 8. of the manipur panchayati raj act : every meeting of the gram sabha shall be presided over by the pradhan of the concerned gram panchayat and in his absence, by the uppradhan, and in the absence of both by a member of the gram panchayat to be chosen from amongst the members of the panchayat.

section 1. of the manipur panchayati raj act : 1 this act may be called the manipur panchayati raj act, . 2 it extends to the whole of the state of manipur excepting any area to which the manipur hill areas district council act, manipur act 76 of or the manipur village authorities in hill areas act, manipur act 80 of extends, or which has been or may hereafter be declared as, or included in, a municipality under any law for the time being in force, or which has been or may hereafter be declared as, or included in a cantonment under the cantonment act, 2 of . 3 it shall come into force on such date1 as the government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 23rd april, , vide notification no. s.o. 328e, dated 23rd april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the manipur panchayati raj act : in this act, unless the context otherwise requires, a adhyaksha and upadhyaksha means an adhyaksha and a upadhyakhsa of a zilla parishad elected under section 54 of this act b chairperson means chairperson of a standing committee of a zilla parishad or a gram panchayat, as the case may be, constituted under the provisions of this act c chief executive officer means the chief executive officer of a zilla parishad appointed under section 75 of this act d commissioner means the commissioner of the government in the development and panchayati raj or such other person as may be appointed by the state government to exercise the powers of a commissioner under this act e district means the revenue district f deputy commissioner means the deputy commissioner of district g government means the state government of manipur h gram sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of the panchayat at the village level i gram panchayat means the gram panchayat constituted under the act j official gazette means the manipur gazette k panchayat means a gram panchayat and a zilla parishad constituted under the provisions of this act l panchayat area means the territorial area of a panchayat m population means the population as ascertained at the last preceding census of which the relevant figures have been published, n pradhan means a pradhan of a gram panchayat elected under section 21 of this act o prescribed means prescribed by rules made under the act p secretary means the secretary of a gram panchayat appointed under this act q standing committee means a standing committee constituted by a zilla parishad or a gram panchayat under this act r uppradhan means a uppradhan of a gram panchayat elected under section 24 of this act s village means a village specified by the governor by public notification to be a village for the purpose of this act and includes a group of villages so specified and t zilla parishad means a zilla parishad of a district constituted under section 48 of this act.

section 7. of the manipur panchayati raj act : 1 the quorum for a meeting of the gram sabha shall be onetenth of its total membership. 2 if at the time appointed for the meeting, a quorum is not present, the person presiding shall wait for thirty minutes, and if within such period, there is no quorum, the person presiding shall adjourn the meeting to the same time on the same day in the following week. he shall similarly, after waiting for thirty minutes, adjourn the meeting if at any time after it has begun, attention is drawn to the want of a quorum. a notice of the meeting so fixed shall be posted in the office of the gram panchayat. the business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum

section 6. of the manipur panchayati raj act : the meeting of the gram sabha shall be held in accordance with such procedure as may be prescribed.

section 9. of the manipur panchayati raj act : the gram panchayat shall prepare the agenda for discussion of the gram sabha, such matters shall relate to the following, namely: a the annual statement of accounts of the gram panchayat, the report of administration of the preceding financial year and the last audit note and replies if any, made thereto b the budget of the gram panchayat for the next financial year and c the report in respect of development programmes of the gram panchayat relating to the preceding year and development programmes proposed to be undertaken during the current year.

section 5. of the manipur panchayati raj act : the gram sabha shall meet from time to time but six months shall not intervene between any two meetings.

section 3. of the manipur panchayati raj act : 1 a gram sabha shall, subject to subsection 2, consist of all persons whose names are included in electoral rolls referred to in section 15 within the area of the gram sabha: provided that no person shall be a member of more than one gram sabha. 2 a person shall be disqualified for being a member of the gram sabha, if a he is not a citizen of india or b he is of unsound mind and stands so declared by a competent court or c he is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election to state legislature.

section 4. of the manipur panchayati raj act : 1 a member of gram sabha shall cease to be a member, if he has ceased to be ordinarily resident within the gram sabha area. 2 where any person ceases to be a member of gram sabha under subsection 1 he shall also cease to hold any office to which he may have been elected or appointed by virtue of being a member thereof.

section 16. of the manipur panchayati raj act : 1 the list of electors referred to in section 15 shall be published in such manner and by such authority as may be prescribed. 2 any person whose name is not included in the list of electors published under subsection 1 may apply within ten days from its publication to the officer publishing the same for inclusion of his name therein and officer concerned shall, if he is satisfied that the applicant fulfils the condition mentioned in subsection 3 and is not disqualified from being included in the list of electors under section 15 after making such inquiry as may be prescribed, direct his name to be included in the list of electors.

section 10. of the manipur panchayati raj act : any resolution relating to the functions entrusted to the gram sabha under section 11, shall have to be passed by a majority of votes of the members present and voting in the meeting of the gram sabha

section 11. of the manipur panchayati raj act : a gram sabha shall exercise the following functions, namely: a rendering assistance in the implementation of development schemes pertaining to the village b identification of beneficiaries for the implementation of development schemes pertaining to the village: provided that in case the gram sabha fails to identify the beneficiaries within a reasonable time the gram panchayat can identify the beneficiaries c mobilising voluntary labour and contributions in kind or cash or both for the community welfare programmes d to promote adult education and family welfare within the village e promotion of unity and harmony among all sections of society in the village f such other matters as may be prescribed.

section 12. of the manipur panchayati raj act : the gram sabha may also form one or more vigilance committees consisting of persons, who are not members of the gram panchayat to supervise the gram panchayat works, schemes and other activities and to put up reports concerning them in its meeting.

section 13. of the manipur panchayati raj act : 1 there shall be constituted a gram panchayat for every gram sabha. 2 the gram panchayat constituted under subsection 1 shall be notified in the official gazette and shall be deemed to have been constituted from the date of its first meeting. 3 every person shall be entitled to be included in the list of electors of gram panchayat if he is not less than eighteen years of age on the date of its publication under subsection 1 and is ordinarily resident within the area of the gram panchayat: provided that no person shall be entitled to be included in the list of the electors of any gram panchayat for more than one gram panchayat and no person shall be entitled to be included in the electoral roll of any gram panchayat for more than once: provided further that if the applicant is included in the electoral roll of any other gram panchayat, the officer who includes his name shall inform the officer publishing the electoral roll of that other gram panchayat and that the other officer shall, on receipt of the information, strike off the applicants name from that list. explanation.for the purpose of this subsection, the expression ordinarily resident shall have the same meaning as has been given in section 20 of the representation of the people act, 43 of . 4 the name of any person included in the list of electors who becomes disqualified at any time after his name was entered in the list, shall forthwith be struckoff from the list in which it is included: provided that the name of any person struckoff from the electoral roll by reason of disqualification under clause c of subsection 2 of section 3 shall forthwith be reinstated if such person ceases to become disqualified. 5 an appeal shall be made within such time and in such manner and to such authority as may be prescribed against any order passed under subsections 2 and 4.

section 14. of the manipur panchayati raj act : every gram panchayat shall, by the name notified in the official gazette under section 13, be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts, and shall, by the said name sue and be sued.

section 15. of the manipur panchayati raj act : the electoral roll of the manipur assembly prepared under the provision of the representation of the people act, 43 of and as in force on such date as the state government may, by general or special order, notify in this behalf for such part of the constituency of the assembly as is included in the gram sabha, shall be the list of electors for such gram panchayat.

section 17. of the manipur panchayati raj act : a gram panchayat shall consist of the pradhan and such number of directly elected members as may be notified from time to time by the state government and one member for every 350 population or part thereof of the panchayat area shall be elected as a member of such panchayat.

section 18. of the manipur panchayati raj act : 1 the deputy commissioner shall, for the conduct of the election, i divide the area of the gram sabha into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, as far as practicable, be the same throughout the gram sabha area ii determine the number of seats allotted to each constituency. 2 one member from each territorial constituency shall be elected by direct election to the gram panchayat.

section 25. of the manipur panchayati raj act : subject to the general or special order of the government, the deputy commissioner shall reserve i such number of offices of pradhan and uppradhan of gram panchayat in the district for the scheduled castes and scheduled tribes as nearly as may be, in the same proportion as the total number of offices in the district bears to the population of the scheduled castes or of the scheduled tribes in the district bears to the total population of that district ii not less than onethird of the total number of offices of pradhan and uppradhan, as the case may be, of the gram panchayat in the district shall be reserved for women: provided that the offices reserved under this section shall be allotted by rotation to different gram panchayats in such manner as may be prescribed.

section 19. of the manipur panchayati raj act : 1 seats shall be reserved for scheduled castes and scheduled tribes in every gram panchayat, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of scheduled castes or of the scheduled tribes in that panchayat area bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in such gram panchayat, in such manner as may be prescribed. 2 not less than onethird of the total number of seats reserved under subsection 1 shall be reserved for women belonging to scheduled castes, or as the case may be, the scheduled tribes. 3 not less than onethird including the number of seats reserved for women belonging to the scheduled castes and the scheduled tribes of the total number of seats to be filled by direct election in every gram panchayat shall be reserved for women and such seats may be allotted by rotation to different constituencies in a gram panchayat in such manner as may be prescribed

section 20. of the manipur panchayati raj act : 1 every gram panchayat shall continue for a term of five years from the date appointed for its first meeting and no longer: provided that a gram panchayat which is functioning immediately before the commencement of this act shall continue till the expiration of its duration. 2 the election to constitute a gram panchayat shall be completed a before the expiration of its duration specified in subsection 1 and b in case of dissolution, before the expiration of a period of six months from the date of dissolution: provided that where the remainder of the period for which the dissolved gram panchayat would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the gram panchayat for such period. 3 a gram panchayat constituted upon the dissolution of a gram panchayat before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved gram panchayat would have continued under subsection 1 had it not been so dissolved.

section 21. of the manipur panchayati raj act : the pradhan and members of the gram panchayat shall be elected by direct election under secret ballot by the members of the gram sabha from amongst themselves in such manner as may be prescribed.

section 22. of the manipur panchayati raj act : 1 a if the deputy commissioner is satisfied that a gram panchayat for a village or group of villages immediately after the establishment of such gram panchayat cannot be constituted by reason of i any difficulty in holding an election of the members of the gram panchayat or ii failure to elect such members at two successive elections held under section 17 or iii any other sufficient reason whatsoever or b if at any general election to a gram panchayat, no member is elected or less than twothird of the total number of members are elected, the deputy commissioner shall, by notification either, i appoint an administrative committee consisting of persons qualified to be elected, the number of such persons being equal to the number of members determined under section 17 or ii appoint an administrator. 2 the members of the administrative committee or the administrator shall hold office for such period not exceeding six months as the deputy commissioner may specify in the notification under subsection 1. 3 on the appointment of an administrative committee or an administrator under subsection 1, the persons, if any, chosen as members of the gram panchayat before such appointment shall cease to be members of the gram panchayat and all the powers and duties of the gram panchayat shall be exercised and performed by such administrative committee or administrator, as the case may be. 4 the administrative committee or administrator shall be deemed to be a duly constituted gram panchayat for the purpose of this act, notwithstanding anything contained in the foregoing provisions: provided that if at any time after the appointment of the administrative committee or the administrator under subsection 1, the deputy commissioner is satisfied that there is no difficulty in duly constituting the gram panchayat by election of members, the deputy commissioner, may, notwithstanding that the term of office for which the members of the administrative committee or the administrator had been appointed has not expired, direct by notification that the members of the administrative committee or the administrator, as the case may be, shall cease to hold office with effect from such date as may be specified in such notification.

section 23. of the manipur panchayati raj act : 1 in the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of pradhan or of a member of a gram panchayat, the vacancy shall be filled by election in the manner prescribed. 2 every pradhan and every member elected to fill a casual vacancy, shall hold office for the remaining term of office of the person in whose place he is so elected: provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of less than six months.

section 24. of the manipur panchayati raj act : 1 every gram panchayat shall, as soon as may be, elect one of its members to be uppradhan. 2 in the event of occurrence of any vacancy by reason of death, resignation, removal or otherwise in the office of uppradhan, the gram panchayat shall elect another member to be the uppradhan: provided that no election shall be held if the vacancy is for a period of less than six months.

section 27. of the manipur panchayati raj act : 1 the term of office of every pradhan and uppradhan of the gram panchayat shall, save as otherwise provided in this act, cease on the expiry of the term of the gram panchayat. 2 pradhan and uppradhan shall be entitled to such honoraria and other allowances, as may be prescribed. 3 every member of the gram panchayat shall be entitled to receive such honoraria and allowances as may be fixed by the government from time to time.

section 26. of the manipur panchayati raj act : on the establishment of gram panchayat for the first time under this act, or on its reconstitution or establishment under section 20, a meeting of the gram panchayat shall be called immediately by the prescribed officer who shall himself preside over the meeting, but shall have no right to vote, and in such meeting, the uppradhan shall be elected.

section 33. of the manipur panchayati raj act : 1 minutes shall be kept of the names of the members and of the officers, if any, present, and of the proceedings at each meeting of the gram panchayat and if any member present at the meeting so desires, of the names of the member voting respectively for or against any resolution, in a book to be provided for the purpose and after they are read over and agreed to, shall be signed by the pradhan and uppradhan or person presiding at such meeting, and shall at all reasonable times be open to inspection by any member of the gram panchayat. any person may inspect the copy of minutes of the meeting. the minutes books shall always be kept in the office of the gram panchayat and shall be in the custody of the secretary of the gram panchayat. 2 a copy of every resolution passed by the gram panchayat shall within ten days from the date of meeting, be forwarded by the secretary to the chief executive officer

section 28. of the manipur panchayati raj act : 1 the pradhan shall a be responsible for convening the meeting of gram sabha and preside over its meeting b be responsible for convening the meeting of gram panchayat and shall preside over its meetings c be responsible for the maintenance of the records of the gram panchayat d have the general responsibility for the financial and executive administration of the gram panchayat e exercise administrative supervision and control over the work of the staff of the gram panchayat and the officers and employees whose services may be placed at the disposal of the gram panchayat by any other authority f for the transaction of business connected with this act, or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the gram panchayat under this act or the rules made thereunder: provided that the pradhan shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this act to be exercised, performed or discharged by the gram panchayat at a meeting and g exercise such other powers, perform such other functions and discharge such other duties as the gram panchayat may, by general or special resolution direct or as the government may by rules made in this behalf, prescribe. 2 the uppradhan shall a exercise such of the powers, perform such of the functions and discharge such of the duties of pradhan as the pradhan may from time to time, subject to rules made in this behalf by the government, delegate to him by order in writing: provided that the pradhan may at any time withdraw all or any of the powers, functions and duties so delegated to the uppradhan b during the absence of the pradhan, exercise all the powers, perform all the functions and discharge all the duties of the pradhan c exercise such other powers, perform such other functions and discharge such other duties as the gram panchayat may, by general or special resolution, direct or as the government may, by rules made in this behalf, prescribe.

section 29. of the manipur panchayati raj act : 1 the pradhan and the uppradhan, as the case may be, may resign his office by writing under his hand addressed to the prescribed authority. 2 every resignation under subsection 1 shall take effect on the expiry of fifteen days from the date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority. 3 every uppradhan shall vacate the office if he ceases to be a member of a gram panchayat

section 30. of the manipur panchayati raj act : 1 every pradhan and every uppradhan shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of not less than twothird of the members of the gram panchayat present and voting, at a meeting specially convened for the purpose. the requisition for such a special meeting shall be signed by not less than half of the total number of members of the gram panchayat and shall be delivered to the prescribed authority. the prescribed authority shall within seven days from the date of the receipt of the requisition, convene a special meeting of the gram panchayat. the meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. the meeting shall be presided over by the prescribed authority. in the initial two years of their term as pradhan and uppradhan of a gram panchayat on such motion of no confidence shall be moved against them. if the motion of no confidence is once rejected, no fresh motion of no confidence shall be brought before the gram panchayat within a period of one year from the date of such rejection of the motion. 2 without prejudice to the provisions under this act, a pradhan and uppradhan may be removed from office by the government for misconduct in the discharge of his duties or neglect or, incapacity to perform his duties or for being persistently remiss in the discharge thereof, or guilty of any disgraceful conduct: provided that, no such pradhan, or uppradhan be removed from office unless he has been given a reasonable opportunity to defend himself. 3 the pradhan or uppradhan removed under subsection 2 shall not be eligible for reelection as pradhan or uppradhan during the remaining term of office. 4 a pradhan or uppradhan removed from his office under subsection 2 shall cease to be a member of the gram panchayat.

section 31. of the manipur panchayati raj act : a member of a gram panchayat may resign his membership in writing under his hand addressed to the pradhan of the gram panchayat and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the pradhan.

section 32. of the manipur panchayati raj act : 1 a gram panchayat shall meet for the transaction of business at least once in two months at the office of the gram panchayat and at such time as the pradhan may determine. 2 the pradhan may, whenever he thinks fit, and shall, upon the written request of not less than onethird of the total number of members and on a date within fifteen days from the receipt of such request, call a special meeting. 3 seven clear days notice of an ordinary meeting and three clear days notice of a special meeting specifying the place, date and time of such meeting and business to be transacted thereat, shall be given by the secretary to the members and such officers as the government may prescribe, and affixed on the notice board of the gram panchayat. 4 the officers to whom notice is given under subsection 3 and other government officers having jurisdiction over the gram panchayat area or any part thereof shall be entitled to attend every meeting of gram panchayat and take part in the proceedings but shall not be entitled to vote. 5 if the pradhan fails to call a special meeting as provided in subsection 2, the uppradhan or, in his absence, onethird of the total number of members may call such a meeting for a day not more than fifteen days thereafter and require the secretary to give notice to the members and to take such action as may be necessary to convene the meeting.

section 34. of the manipur panchayati raj act : 1 the quorum for a meeting of the gram panchayat shall be onehalf of the total number of members. if, at the time appointed for the meeting, a quorum is not present, the presiding authority shall wait for thirty minutes, and if within such period there is no quorum, the presiding authority shall adjourn the meeting to such time on the following day or such future day as he may fix. he shall, similarly, after waiting for thirty minutes adjourn the meeting if, at any time, after it has begun, attention is drawn to the want of a quorum. a notice of the meeting so fixed shall be pasted in the office of the gram panchayat. the business which could not be considered at the meeting so postponed for want of quorum, shall be brought before and disposed of at the meeting so fixed or at any subsequent adjourned meeting at which there is a quorum. 2 save as otherwise provided by or under this act, at every meeting of gram panchayat, the pradhan or in his absence the uppradhan shall preside, and in the absence of both, the members present shall elect one from amongst themselves to preside for the occasion. 3 all questions shall, unless otherwise specifically provided, be decided by a majority of votes of the members present and voting. the pradhan or uppradhan or person presiding, as the case may be, unless he refrains from voting shall give his vote before declaring the number of votes for and against a question and in the case of equality of votes, he may give his casting vote. 4 no member of a gram panchayat shall vote on, or take part in the discussion of, any question coming up for consideration at a meeting of a gram panchayat, if the question is one in which, apart from its general application to the public, he has any pecuniary interest, and if the person presiding has such an interest, he shall not preside over the meeting when such question comes up for consideration. 5 if the person presiding is believed by any member present at the meeting to have any such pecuniary interest in any matter under discussion, and if a motion to that effect be carried, he shall not preside at the meeting during such discussion or vote on or take part in it. any member of the gram panchayat may be chosen to preside at the meeting during the continuance of such discussion.

section 41. of the manipur panchayati raj act : subject to the provisions of this section, every gram panchayat shall, after a reappropriation made by law in this behalf, be entitled to receive grantsinaid from the consolidated fund of the state as recommended by the state finance commission, constituted under section 97 of this act.

section 35. of the manipur panchayati raj act : subject to such conditions as may be specified by the government from time to time, the gram panchayat shall perform the functions specified below: 1 general functions: a preparation of annual plans for the development of the panchayat area b preparation of annual budget c power for mobilising reliefs in natural calamities d removal of encroachments on public properties e organising voluntary labour and contribution for community works and f maintenance of essential statistics of villages. 2 agriculture, including agriculture extension: a promotion and development of agriculture and horticulture b development of waste lands c development and maintenance of grazing lands and preventing their unauthorised alienation d promote land improvement and soil conservation measures and e promote measures for implementation of land reforms and land consolidation. 3 animal husbandry, dairying and poultry: a improvement of breed of cattle, poultry and other livestock b promotion of dairy farming, poultry and piggery and c grassland development. 4 fisheries: development of fisheries in the villages 5 social and farm forestry, minor forest produce fuel and fodder: a planting and preservation of trees on the sides of roads and other public lands under its control b fuel plantations and fodder development c promotion of farm forestry and d development of social forestry. 6 khadi, village and cottage industries: a promotion of rural and cottage industries b organisation of awareness camps, seminars and training programmes, agricultural and industrial exhibitions for the benefit of the rural areas and c identification of traditional skills in the area to develop small scale industries and popularising food processing units. 7 rural housing: a implementation of house building programme and b maintenance of records relating to the houses, sites and other private and public properties. 8 drinking water: a construction, repair and maintenance of drinking water wells, tanks and ponds b prevention and control of water pollution and c maintenance of rural water supply schemes. 9 roads, buildings, culverts, bridges, ferries, waterways and other means of communication: a construction and maintenance of village roads, drains and culverts b maintenance of buildings under its control or transferred to it by the government or any public authority and c maintenance of boats, ferries and waterways. 10 nonconventional energy source: a promotion and development of nonconventional, energy schemes b maintenance of community, nonconventional, energy devices, including biogas plants and c propagation of improved chulhas and other efficient energy devices. 11 poverty alleviation programme: a promotion of public awareness and participation in poverty alleviation programmes for fuller employment and creation of productive assets b selection of beneficiaries under various programmes through gram sabha and c participation in effective implementation and monitoring. 12 education including primary schools and secondary schools: a promotion of public awareness and participation in primary and secondary education with special emphasis on technical training and vocational education and b ensuring full enrolment and attendance in primary and secondary schools and its management. 13 adult and nonformal education: promotion of adult literacy. 14 libraries: village libraries and reading rooms. 15 cultural activities: promotion of social and cultural activities. 16 markets and fairs: regulation of fairs including cattle fairs and festivals. 17 rural sanitation: a maintenance of general sanitation b cleaning of public roads, drains, tanks, wells and other public places c maintenance and regulation of burning and burial grounds d construction and maintenance of public latrines and e management and control of washing and bathing ghats. 18 public health and family welfare: a implementation of family welfare programmes b prevention and remedial measures against epidemics c regulation of sale of meat, fish and other perishable food articles d participation in programmes of human and animal vaccination e regulation of eating and entertainment establishments f destruction of stray dogs g regulation of curing, tanning and dyeing of skins and hides and h regulation of offensive and dangerous trades. 19 woman and child development: a participation in the implementation of woman and child welfare programmes and b promotion of school health and nutrition programmes. 20 social welfare including welfare of the handicapped and mentally retarded: a participation in the implementation of the social programmes, including welfare of the handicapped, mentally retarded and destitute and b monitoring of the oldage and widows pension schemes 21 welfare of the weaker section and in particular the scheduled castes and scheduled tribes: a promotion of public awareness with regard to welfare of scheduled castes, scheduled tribes and other weaker sections and b participation in the implementation of the specific programmes for the welfare of the weaker sections. 22 public distribution system: a promotion of the public awareness with regard to the distribution of essential commodities and b monitoring the public distribution system. 23 maintenance of community assets: a maintenance of community assets and b preservation and maintenance of other community assets. 24 construction and maintenance of dharmashalas, chatras and similar institutions. 25 construction and maintenance of cattle sheds, pounds and cart stands. 26 construction and maintenance of slaughter houses. 27 maintenance of public parks, playgrounds. 28 regulation of manure pits in public places. 29 establishment and control of shandies. 30 irrigation, water management and watershed development: a promote measures for construction and maintenance of minor irrigation works and watershed development programmes b develop ground water resources c providing for timely and equitable distribution of irrigation water. 31 rural electrification including distribution of electricity: a promote extension of electricity to unelectrified areas b help in prevention of illegal tapping of electricity and c help in the recovery and collection of electricity due. 32 such other functions as may be entrusted.

section 36. of the manipur panchayati raj act : the government may, by notification and subject to such conditions as may be specified therein a transfer to any gram panchayat the management and maintenance of a forest situated in the panchayat area b make over to the gram panchayat the management of waste lands, pasture lands or vacant lands belonging to the government situated within the panchayat area c entrust the gram panchayat with the collection of land revenue on behalf of the government and the maintenance of such records as are connected therewith and d entrust such other functions as may be prescribed: provided that no entrustment under clause c shall be made without the concurrence of the gram panchayat concerned: provided further that when any transfer of the management and maintenance of a forest is made under clause a the government shall direct that any amount required for such management and maintenance or an adequate portion of the income from such forest be placed at the disposal of the gram panchayat.

section 38. of the manipur panchayati raj act : 1 every gram panchayat shall constitute the following committees by election i production committee for performing functions relating to agricultural productions, animal husbandry and rural industries and poverty alleviation programmes ii social justice committee for performing functions relating to a promotion of education, economic, social, cultural and other interests of the scheduled castes and scheduled tribes and backward classes b protection of such castes and classes from social injustice and any form of exploitation and c welfare of women and children. iii amenities committee to perform functions in respect of education, public health, public works and other functions of the gram panchayat. 2 a each committee shall consist of not less than three and not more than five members including the pradhan and uppradhan as the case may be. the pradhan shall be the ex officio member and chairman of production committee and amenities committee. the pradhan shall be the ex officio member and chairman of the social justice committee: provided that the social justice committee shall consist of at least one member who is a woman and one member belonging to the scheduled castes or scheduled tribes. b each committee shall be competent to coopt in such manner as may be prescribed, members of farmers club, mahila mandals, yuvak mandals and other similar bodies recognised by the government. a representative of cooperative societies in the panchayat areas shall be coopted to the production committee. the rights and liabilities of the coopted members shall be such, as may be prescribed. 3 the standing committee shall perform the functions referred to above, to the extent the powers are delegated to them by the gram panchayat

section 39. of the manipur panchayati raj act : 1 for every gram panchayat there shall be constituted a gram panchayat fund bearing the name of the gram panchayat and there shall be placed to the credit thereof a contributions and grants, if any, made by the central or state government b contributions and grants, if any, made by the zilla parishad or any other local authority c loans, if any, granted by the central or the state government d all receipts on accounts of taxes, rates and fees levied by it and e all other sums received by or on behalf of other gram panchayat. 2 every gram panchayat shall set apart and apply annually such sum as may be required to meet a the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees and to the secretary: provided that the total expenditure on establishment shall not exceed onethird of the total expenditure, of the gram panchayat in any year. b every gram panchayat shall have the power to spend such sums as it thinks fit for carrying out the purpose of this act c the gram panchayat fund shall be vested in the gram panchayat and the balance to the credit of the fund shall be kept in such custody as may be prescribed.

section 40. of the manipur panchayati raj act : 1 subject to such rules as may be made in this behalf, a gram panchayat shall impose yearly tax on lands and buildings within the local limits of the jurisdiction of the gram panchayat. 2 subject to such maximum rates as the government may prescribe, a gram panchayat may levy the following fees and rates, namely: a a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the government by notification b a lighting rate, where arrangement for lighting of public streets and places is made by the gram panchayat within its jurisdiction and c a conservancy rate, where arrangement for clearing private latrines, urinals and cesspools is made by the gram panchayat within its jurisdiction.

section 37. of the manipur panchayati raj act : a gram panchayat shall have powers to do all acts necessary for or incidental to the carrying out the functions entrusted assigned or delegated to it and, in particular, and without prejudice to the foregoing powers, to exercise all powers specified under this act.

section 42. of the manipur panchayati raj act : 1 every gram panchayat shall, at such time and in such manner as may be prescribed, prepare during each year a budget of its estimated receipts and disbursements for the following year and shall submit the budget to the zilla parishad having jurisdiction over the area of the gram panchayat. 2 the zilla parishad may, within such time as may be prescribed, either approve the budget or return it to the gram panchayat for such modifications as it may direct. on such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval of the zilla parishad. 3 no expenditure shall be incurred unless the budget is approved by the zilla parishad. if the zilla parishad does not convey its approval within the time prescribed for the purpose, the budget will be deemed to have been approved by the zilla parishad

section 49. of the manipur panchayati raj act : the zilla parishad shall consist of a the members directly elected from the territorial constituencies in the district under section 50 b the members of the house of the people and the members of the state legislative assembly representing a part or whole of the district whose constituencies lie within the district and c ten per cent. of the pradhans of the gram panchayats in the district: provided that when the total number of members under clauses b and c exceed the total number of members under clause a, only onethird of the members under clause c shall be selected on rotation for a period of one year by lot as the government may decide from time to time and district to district, subject to the condition that a pradhan who was a member under this clause for one year shall not be eligible to become member for a second term during the remainder of his term of office as pradhan: provided further that all members of the zilla parishad whether elected or not from territorial constituencies in the zilla parishad area shall have the right to vote in the meeting of the zilla parishad except in the election of adhyaksha and upadhyaksha.

section 43. of the manipur panchayati raj act : accounts of the income and expenditure of every gram panchayat shall be kept in such form and manner as may be prescribed.

section 44. of the manipur panchayati raj act : 1 the accounts of a gram panchayat shall be audited by the director, local fund audit and accounts of the government of manipur in such manner as may be prescribed and a copy of the audit report shall be forwarded to the gram panchayat within one month of the completion of the audit. 2 on receipt of the audit report referred to in subsection 1, the gram panchayat shall either remedy the defects or irregularities which have been pointed out in the audit report and send to the zilla parishad within three months an intimation of its having done so, or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it is required to furnish

section 50. of the manipur panchayati raj act : 1 the government may, by notification in the official gazette, determine the number of directly elected members from territorial constituencies keeping in view the overall population of the district at a rate of the one member for every 15,000 population or part thereof. 2 for the conduct of the election, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by the government, a divide the area of zilla parishad into territorial constituencies in such manner so that the ratio between the population of each constituency and the numbers of seats allotted to it shall, so far as may be practicable, be the same throughout the panchayat area and determine the number of seats allotted to each constituency b in relation to each territorial constituency shall elect one or more members through direct election in the manner prescribed.

section 45. of the manipur panchayati raj act : 1 there shall be a secretary for every gram panchayat who shall be appointed in such manner as may be prescribed and shall draw his salary and allowances from the gram panchayat fund. 2 the secretary shall be in charge of the office of the gram panchayat and shall perform all the duties and exercise all the powers imposed or conferred upon him by or under this act or any rules or byelaw made thereunder. 3 the government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the secretary. 4 subject to rules as may be prescribed by government regarding discipline and control, the secretary shall act in all matters under the control of gram panchayat.

section 46. of the manipur panchayati raj act : 1 the government may, by order, specify the staffing pattern, the scales of pay and mode of recruitment of staff of gram panchayats. 2 the gram panchayat shall, subject to subsection 1, determine and submit for approval of the chief executive officer a category of employees specifying the designation and grades and the salaries and allowances payable to its officers other than the secretary required for carrying out the duties imposed upon the gram panchayat by or under this act.

section 47. of the manipur panchayati raj act : subject to the provisions of sections 45 and 46 the gram panchayat may, with the prior approval of the chief executive officer appoint other employees of the gram panchayat and pay their salaries from the gram panchayat fund: provided that in making appointments, posts for the scheduled castes, the scheduled tribes and other socially and educationally backward classes of citizens shall be reserved in the same manner and to the same extent as is applicable for the recruitment to posts in the state civil services.

section 48. of the manipur panchayati raj act : 1 the governor shall, by notification in the official gazette establish a zilla parishad for a district and having jurisdiction over it, with effect from such date as may be specified. 2 every zilla parishad shall be a corporate body by the name of its district, having perpetual succession and common seal and subject to such restrictions as are imposed by or under this or any, other enactment, shall be vested with the capacity of sueing or being sued in its corporate name, of acquiring, holding and transferring property movable or immovable, whether without or within the limits of the area over which it has authority, of entering into contracts and of doing all things, necessary, proper or expedient for the purpose for which it is constituted.

section 51. of the manipur panchayati raj act : if vacancy of a member in zilla parishad occurs because of resignation, death, removal or otherwise, it shall be filled by election in the prescribed manner: provided that no election for filling the casual vacancy shall be held if the vacancy is for a period of less than six months.

section 58. of the manipur panchayati raj act : a member of a zilla parishad may resign his membership in writing under his hand addressed to the adhyaksha of the zilla parishad and his seat shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days, he withdraws such resignation by writing under his hand addressed to the adhyaksha.

section 52. of the manipur panchayati raj act : 1 seats shall be reserved for a the scheduled castes b the scheduled tribes in every zilla parishad and the number of seats shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that zilla parishad as the population of the scheduled castes in that zilla parishad area or of the scheduled tribes in that zilla parishad area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a zilla parishad in such manner as may be prescribed. 2 not less than onethird of the total number of seats reserved under subsection 1 shall be reserved for women belonging to the scheduled castes or, as the case may be, the scheduled tribes. 3 not less than onethird including the number of seats reserved for women belonging to scheduled castes and scheduled tribes of the total number of seats filled by direct election in every zilla parishad shall be reserved for women and such seats may be allotted by rotation to different constituencies in a zilla parishad, in such manner as may be prescribed.

section 53. of the manipur panchayati raj act : 1 every zilla parishad shall continue for five years from the date of its first meeting: provided that a zilla parishad which is functioning immediately before the commencement of this act shall continue till the expiration of its duration. 2 an election to constitute a zilla parishad shall be completed: a before the expiry of its duration specified in subsection 1 and b in case of its dissolution, before the expiration of a period of six months from the date of such dissolution: provided that where the remainder of the period for which the dissolved zilla parishad would have continued, is less than six months, it shall not be necessary to hold any election under this clause for such period. 3 a zilla parishad constituted upon the dissolution of a zilla parishad before the expiration of its duration shall continue only for the remainder of the period for which the dissolved zilla parishad would have continued under subsection 1 had it not been so dissolved.

section 54. of the manipur panchayati raj act : 1 the elected members of the zilla parishad referred to in section 50 shall, as soon as may be, elect two members from amongst themselves to be respectively adhyaksha and upadhyaksha thereof and so often as there is a casual vacancy in the office of the adhyaksha and upadhyaksha, they shall elect another member from amongst themselves to be adhyaksha or upadhyaksha, as the case may be: provided that no election shall be held if the vacancy is for period of less than one month. 2 the state government, shall in the prescribed manner reserve a such number of offices of the adhyaksha and upadhyaksha of zilla parishad in the state for persons belonging to the scheduled castes and scheduled tribes shall as nearly as may be, the same proportion to the total number of offices in the zilla parishad as the population of the scheduled castes or of the scheduled tribes in the state bear to the total population of the state b not less than onethird of the total number of offices of adhyaksha and upadhyaksha in the state from each category which are reserved for persons belonging to the scheduled castes, the scheduled tribes and those which are unreserved, for women: provided that the offices reserved under this section shall be allotted by rotation to different zilla parishads. 3 save as otherwise provided in this act, the adhyaksha or upadhyaksha shall hold office for the term of office of the members of the zilla parishad

section 55. of the manipur panchayati raj act : 1 the salary and allowances of the adhyaksha and upadhyaksha shall be such as may be prescribed. 2 every member of the zilla parishad other than the adhyaksha and upadhyaksha shall be entitled to receive, such sitting fee and allowances as may be prescribed.

section 56. of the manipur panchayati raj act : 1 the adhyaksha shall a perform all the duties imposed and exercise all the powers conferred on the adhyaksha under this act and rules made thereunder b convene, preside over, and conduct meetings of the zilla parishad c exercise administrative supervision and control over the chief executive officer and through him, all officers and other employees of the zilla parishad and the officers and employees whose services may be placed at the disposal of the zilla parishad by the state government d exercise such other powers, perform such other functions and discharge such other duties as the zilla parishad may, by general resolution direct or as the government may, by rules made in this behalf, prescribe e exercise overall supervision over the financial and executive administration of the zilla parishad and place before the zilla parishad all questions connected therewith which shall appear to him to require its orders and for this purpose may call for records of the zilla parishad and f have power to accord sanction up to a total sum of rupees one lakh in a year for the purpose of providing immediate relief to those who are affected by natural calamities in the district: provided that the adhyaksha shall place at the next meeting of the zilla parishad for its ratification, the details of such sanctions. 2 the upadhyaksha shall a in the absence of the adhyaksha, preside over the meetings of the zilla parishad b exercise such powers and perform such duties of the adhyaksha as the adhyaksha from time to time may, subject to the rules as may be prescribed delegate to him by order in writing and c pending the election of the adhyaksha or during the absence of the adhyaksha from the district, or by reason of leave for a period exceeding thirty days, exercise the powers and perform the duties of the adhyaksha

section 57. of the manipur panchayati raj act : 1 the adhyaksha may resign his office by writing under his hand addressed to the commissioner, and the upadhyaksha may resign his office by writing under his hand addressed to the adhyaksha. 2 every resignation under subsection 1 shall take effect on the expiry of fifteen days from the date of its receipt by the prescribed authority, unless within this period of fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority. 3 every adhyaksha or upadhyaksha shall vacate the office if he ceases to be a member of the zilla parishad. 4 every adhyaksha or upadhyaksha shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the territorial constituencies of the zilla parishad at a meeting specially convened for the purpose. the requisition for such a special meeting shall be signed by not less than onefifth of the total membership of the zilla parishad and shall be delivered to the adhyaksha. the adhyaksha shall, within seven days from the date of receipt of the requisition, convene a special meeting of the zilla parishad. the meeting shall be held on a day not later than fifteen days from the date of issue of the notice of the meeting. the meeting shall be presided over by the adhyaksha, if the motion is against the upadhyaksha and in the case of adhyaksha, the upadhyaksha shall preside over the meeting, if it is against both, a member nominated from amongst themselves by the members present in such meeting shall preside over such meeting. in the initial two years of their term as adhyaksha or upadhyaksha, as the case may be, of zilla parishad, no motion of noconfidence shall be brought against them. 5 if the motion of noconfidence against the adhyaksha or upadhyaksha or both is once rejected, no fresh motion of noconfidence against the adhyaksha or upadhyaksha or both, as the case may be, shall be brought before the zilla parishad within a period of one year from the date of such rejection of the motion.

section 59. of the manipur panchayati raj act : 1 every zilla parishad shall hold meetings at least once in every three months, at such time and at such place within the local limits of the district concerned as the zilla parishad may fix at the immediately preceding meeting: provided that the first meeting of a newly constituted zilla parishad shall be held at such time and at such place within the local limits of the district concerned, as the prescribed authority may fix: provided further that the adhyaksha when required in writing by one fifth of the members of the zilla parishad to call a meeting he shall do so within ten days, failing which the aforesaid members may call a meeting after giving intimation to the prescribed authority and seven clear days notice to the adhyaksha and the other members of the zilla parishad. 2 onethird of the total number of members of the zilla parishad shall form a quorum for transacting the business at the meeting of the zilla parishad. 3 all questions coming before the zilla parishad shall be decided, by a majority of votes and in case of equality of votes, the adhyaksha or the member presiding shall have a casting vote. 4 every meeting shall be presided over by the adhyaksha or if he is absent by the upadhyaksha and if both the adhyaksha and the upadhyaksha are absent or if the adhyaksha is absent and there is no upadhyaksha the members present shall elect one from among themselves to preside over the meeting.

section 66. of the manipur panchayati raj act : 1 the general standing committee shall perform functions relating to the establishment matters and functions relating to communication, buildings, rural housing, village extensions, relief against the natural calamities and allied matters and all other matters. 2 the finance, audit and planning committee shall perform the functions relating to: a the finances of the zilla parishad, framing of budgets, scrutinising proposals for increase of revenue, examination of receipts and expenditure statements, consideration of all proposals affecting the finances of the zilla parishad and general supervision, of the revenue and expenditure of the zilla parishad b the plan priorities, allocation of outlays to developments, horizontal and vertical linkages, implementation of guidelines issued by the government, regular review of planning programmes, evaluation of important programmes and small savings schemes. 3 the social justice committee shall perform functions relating to: a promotion of education, economic, social, cultural and other interests of the scheduled castes, scheduled tribes and backward classes b protecting them from social injustice and all other forms of exploitation c amelioration, of the scheduled castes, the scheduled tribes and backward classes d securing social justice to the scheduled castes, the scheduled tribes, women and other weaker sections of the society. 4 the education and health committee shall: a be incharge of all educational activities of the zilla. parishad b undertake the planning of education in the district within the framework of the national policy and the national and state plans c survey and evaluate the educational activities of the zilla parishad d perform such other duties pertaining to education, adult literacy and cultural activities as the zilla parishad may assign to it e health services, hospitals, water supply, family welfare and other related matters. 5 the agriculture and industry committee shall perform functions relating to: a agricultural production, animal husbandry, cooperation, contour bunding and reclamation b village and cottage industries and c promotion of industrial development of the district. 6 the works committee shall perform functions relating to maintenance of: a roads including district roads, bridges, culverts b maintenance of buildings under its control or transferred by the government or any public authority and c maintenance of boats, ferries, waterways. 7 the standing committee referred to in subsections 1 to 6 shall perform the functions referred to above to the extent the powers are delegated to them by the zilla parishad. 8 the standing committees shall perform in respect of matters assigned to them such additional duties as may be prescribed.

section 60. of the manipur panchayati raj act : 1 minutes shall be kept of the names of the members and of the officers, if any, present, and of the proceedings at each meeting of the zilla parishad and if any member present at the meeting so desires, of the names of the members voting respectively for or against any resolution, in a book to be provided for purpose and after they are read over and agreed to, shall be signed by the adhyaksha and upadhyaksha or person presiding at such meeting, and shall at all reasonable times be open to inspection by any member of the zilla parishad. any person may inspect the copy of the minutes of the meeting. the minutes books shall always be kept in the office of the zilla parishad and shall be in the custody of the chief executive officer of the zilla parishad. 2 a copy of every resolution passed by the zilla parishad shall within ten days from the date of its passing in the meeting, be forwarded by the chief executive officer to the government.

section 61. of the manipur panchayati raj act : 1 any transfer of a subject to the zilla parishad shall be with the approval of the government from time to time. 2 subject to the condition and exceptions as the government may, from time to time, impose, it shall be the function of the zilla parishad to prepare plans for economic development and social justice of the district, and to ensure the coordinated implementation of such plans in respect of matters including those mentioned below, namely: 1. agriculture and agricultural extension: i promotion of measures to increase agricultural production and to popularise the use of improved agricultural implements and the adoption of improved agricultural practices ii establishment and maintenance of godowns iii conducting agricultural fairs and exhibitions iv training of farmers v land improvement and soil conservation and vi promotion of agricultural extension works. 2. irrigation ground water resources and watershed development: i construction, renovation and maintenance of minor irrigation works and lift irrigation ii providing for the timely and equitable distribution, and full use of water under irrigation schemes under the control of the zilla parishad iii development of ground water resources iv installation of community pump sets and v watershed development programme. 3. horticulture: i promotion of rural parks and gardens ii promotion of cultivation of fruits and vegetables and iii promotion of farms. 4. statistics: i publication of statistical and other information relating to activities of gram panchayats and zilla parishads ii coordination and use of statistics and other information required for the activities of the gram panchayats and zilla parishads and iii periodical supervision and evaluation of project and programmes entrusted to the gram panchayats and zilla parishads. 5. distribution of essential commodities. 6. soil conservation and land reforms: i soil conservation measures ii land reclamation and land development works and iii promote implementation of land reforms and land consolidation. 7. marketing: i development of regulated markets and marketing yards and ii grading and quality control of agriculture products. 8. social forestry: i organise campaign for tree planting and ii planting and maintenance of trees. 9. animal husbandry and dairying: i improvement of breed of cows and pigs ii promotion of poultry farms, duck farms and goat farms iii promotion of fodder development programmes iv promotion of dairy farming, poultry and piggery and v prevention of epidemics and contagious diseases. 10. minor forest produce, fuel and fodder: i promotion of social and farm forestry, fuel plantation and fodder development ii management of minor forest produce of the forests raised in community lands and iii development of wasteland. 11. fisheries: i promotion of fish seed production and distribution ii development of pisiculture in private and community tanks iii development of inland fisheries iv promotion of fish curing and drying v assistance to traditional fishing vi organising fish marketing cooperatives and vii welfare schemes for the uplift and development of fisherman. 12. household industries: including food processing: i identification of traditional skills in the locality and promotion of household industries ii organisation of training programme for craftsmen and artisan iii liaison to tap bank credit for household industries iv popularising and marketing of finished products and v organising khadi, handloom, handicraft and village and cottage industries. 13. rural roads and inland waterways: i construction and maintenance of roads other than national, state highways and other district road ii bridges and culverts coming under roads falling in item i iii construction and maintenance of office buildings of the zilla parishad iv identification of major link roads connecting markets, educational institutions, health centres and v organising voluntary surrender of lands for new roads and for widening of existing roads. 14. health and hygiene: i implementation of immunization and vaccination programme ii health education activities in hospitals, primary health centres and dispensaries iii maternity and child health service activities iv family welfare activities v organising health camps with gram panchayats and vi measures against environment pollution. 15. rural housing: i identification of houseless families ii implementation of house building programmes in the district and iii popularising low cost housing. 16. education: i promotion of educational activities including the establishment and maintenance of primary and secondary schools ii planning of programmes for adult education and library facilities iii propagation of technical training and vocational education and iv extension work for propagation of science and technology to rural areas. 17. social welfare and welfare of weaker sections and handicapped persons: i promotion of social welfare programme and social welfare activities with emphasis on handicapped and mentally retarded persons ii organising nursery schools, balwadies, night schools and libraries to eradicate illiteracy and impart general education and iii organising cooperative societies of scheduled castes and scheduled tribes. 18. poverty alleviation programmes: planning, supervision monitoring and implementation of poverty alleviation programmes. 19. drinking water: i construction, repair and maintenance of drinking water wells, tanks and ponds ii prevention and control of water pollution. 20. rural electrification: i promote extension of electricity to unelectrified areas ii help in the prevention of illegal tapping of electricity and iii help in the recovery and collection of electricity dues. 21. nonconventional energy sources: i promotion and development of nonconventional energy scheme and ii propagation of efficient energy devices. 22. social reform activities: i promotion of womens organisation and welfare ii promotion of childrens organisation and welfare iii organise cultural and recreation activities iv encouragement of sports and games and construction of rural stadia v promotion of thrift and savings through: a promotion of saving habits b small savings campaign c fight against spurious money lending practices and rural indebtedness. 4 in addition, the zilla parishad may a manage or maintain any work of public utility or any institution vested in it or under its control and management b acquire and maintain village hats and markets c make grants to gram panchayats d adopt measures for the relief of people in distress e coordinate and integrate the development plans and schemes prepared by gram panchayats in the district f examine and sanction the budget estimates of gram panchayat in the district g undertake or execute any scheme extending to the whole or part of the district and h take over the maintenance and control of any rural bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon. 5 the zilla parishads of two or more adjacent districts may jointly undertake and execute any development scheme on such terms and conditions as may be mutually agreed upon: provided that the government may, by notification and subject to such conditions as it may impose, transfer additional functions to the zilla parishad.

section 62. of the manipur panchayati raj act : 1 subject to the general or special orders of the government, the zilla parishad may a incur expenditure on education or medical relief outside its jurisdiction b provide for carrying out any work or measure likely to promote health, safety, education, comfort, convenience or social or economic or cultural wellbeing of the inhabitants of the district c contribute to association of all india, state or interstate level concerned with the promotion of local government and for holding exhibition, seminar and conferences within the district related to the activities of gram panchayat and zilla parishad and d render financial or other assistance to any person for carrying in the district any activity which is related to any of its functions. 2 the zilla parishad shall have powers to do all acts necessary for or incidental to the carrying out of the functions entrusted or delegated to it and, in particular, and without prejudice to the foregoing powers to exercise all powers specified under this act.

section 63. of the manipur panchayati raj act : 1 the government may assign to zilla parishad, functions in relation to any matters to which the executive authority of the government extends or in respect of functions which have been assigned to the state government by the central government. 2 the government may, by notification, withdraw or modify the functions assigned under subsection 1.

section 64. of the manipur panchayati raj act : the zilla parishad may, by notification, delegate to the chief executive officer or other officer any of the powers conferred by or under this act on the zilla parishad.

section 65. of the manipur panchayati raj act : 1 the zilla parishad shall have the following standing committees, namely: a general standing committee b finance, audit and planning committee c social justice committee d education and health committee e agriculture and industries committee and f works committee. 2 each standing committee shall consist of such number of members not exceeding five including the chairman elected by the members of zilla parishad from amongst the elected members. 3 the adhyaksha shall be the ex officio member and chairman of the general standing committee and the finance, audit and planning committee. the upadhyaksha shall be the ex officio member and chairman of the social justice committee. the other standing committee shall elect the chairman from among their members. 4 no member of the zilla parishad shall be eligible to serve not more than two standing committees. 5 the chief executive officer shall be the ex officio secretary of the general standing committee and the finance, audit and planning committee and he shall nominate one of the deputy secretaries as ex officio secretary for each of the remaining standing committees. the chief executive officer shall be entitled to attend the meetings of all the standing committees.

section 67. of the manipur panchayati raj act : 1 the zilla parishad may frame regulations relating to election of members of committees, conduct of business therein, and all other matters relating to the committees. 2 the chairman of every standing committee shall in respect of the work of that committee be entitled to call for any information, return statement or report from the officer of the zilla parishad and to enter on and inspect any immovable property of the zilla parishad or any work in progress concerning the committee. 3 each standing committee shall be entitled to require attendance at its meetings of any officer of the zilla parishad who is connected with the work of the committee. the chief executive officer shall under instruction of the committee, issue notices and secure the attendance of the officer.

section 74. of the manipur panchayati raj act : 1 the audit of the accounts of the zilla parishad shall be carried out by the authority as may be prescribed by the government and a copy of the audit note shall be forwarded to the zilla parishad within one month of the completion of the audit. 2 on receipt of the audit report referred to in subsection 1, the zilla parishad shall either remedy any defects or irregularities which have been pointed out in the audit and send to the government within three months an intimation of its having done so or shall, within the said period, supply any further explanation to the prescribed authority in regard to such defects or irregularities as it is required to furnish.

section 69. of the manipur panchayati raj act : 1 for every zilla parishad there shall be constituted a zilla parishad fund bearing the name of the zilla parishad and there shall be placed to the credit thereof: a contributions and grants, if any, made by the central or the state government including such part of land revenue collected in the state as may be determined by the government b contributions and grants, if any, made by a gram panchayat or any other local authority c loans, if any, granted by the central or state government or raised by the zilla parishad on security of its assets d the proceeds of roadcess and public workscess levied in the district e all receipts on account of tolls, rates and fees levied by the zilla parishad f all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of the zilla parishad g all sums received as gift or contribution and all income from any trust or endowment made in favour of zilla parishad h such fines or penalties imposed and realised under the provisions of this act or of the byelaws made thereunder, as may be, prescribed and i all other sums received by or on behalf of the zilla parishad. 2 every zilla parishad shall set apart and apply annually such sum as may be required to meet the cost of its own administration including the payment of salary, allowances, provident fund and gratuity to the officers and employees. the overall expenditure on establishment shall not exceed onethird of the total expenditure. 3 every zilla parishad shall have the power to spend such sums as it thinks fit for carrying out the purpose of this act. 4 the zilla parishad fund shall be vested in the zilla parishad and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the government may, from time to time, direct.

section 68. of the manipur panchayati raj act : 1 a zilla parishad shall have the power to acquire, hold and dispose of property and to enter into contracts: provided that in all cases of acquisition or disposal of immovable property the zilla parishad shall obtain the previous approval of the government. 2 all roads, buildings or other works constructed by a zilla parishad with its own funds shall vest in it. 3 the government may allocate to a zilla parishad any public property situated within its jurisdiction, and thereupon such property shall vest in the zilla parishad. 4 where a zilla parishad requires land to carry out any of the purposes of this act, it may negotiate with the person or persons having in the said land, and if it fails to reach an agreement, it may make an application to the deputy commissioner for the acquisition of the land and the deputy commissioner may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land under the provisions of the land acquisition act, 1 of and such land shall on acquisition, vest in the zilla parishad.

section 70. of the manipur panchayati raj act : 1 subject to such maximum rates as the government prescribe, a zilla parishad may a levy tolls on persons, vehicles or animals or any class of them at any tollbar established by it on any road other than kutcha road or any bridge vested in it or under its management b levy tolls in respect for any ferry established by it or under its management c levy road cess and public works cess d levy the following fees and rates, namely: i fees on the registration of boats or vehicles ii a fee for providing sanitary facilities at such places or pilgrimage, fairs and melas within its jurisdiction as may be specified by the government by notification iii a fee for licence for fair or mela iv a lighting rate where arrangement for lighting of public streets and places is made by the zilla parishad within its jurisdiction and v water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the zilla parishad within its jurisdiction. 2 the zilla parishad shall not undertake registration of any vehicle or levy fee thereof and shall not provide sanitary arrangements at places of worship or pilgrimage, fairs and melas within its jurisdiction or levy fee thereof if such vehicle has already been registered by any other authority under any law for the, time being in force or if such provision for sanitary arrangement has already been made by any other local authority. 3 the scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by regulation. such regulation may provide for exemption from all or any of the tolls, fees or rates in any class of cases.

section 71. of the manipur panchayati raj act : 1 a zilla parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the government, loans for the purpose of the act and create a sinking fund for the repayment of such loans. 2 notwithstanding anything contained in subsection 1 a zilla parishad may borrow money from the government or, with the previous sanction, of the government, from banks or other financial institutions, for furtherance of its objective on the basis of specific scheme as may be drawn up by the zilla parishad for the purpose.

section 72. of the manipur panchayati raj act : 1 every zilla parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year and submit it to the government. 2 the government may, within such time as may be prescribed either approve the budget or return it to the zilla parishad for such modifications as it may direct. on such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval of the government. if the approval of the government is not received by the zilla parishad by the last date of the financial year, the budget shall be deemed to be approved by the government. 3 no expenditure shall be incurred unless the budget is approved by the government. 4 the zilla parishad may prepare in each year a supplementary estimate providing for any modification of its budget and may submit it to the government for approval within such time and in such manner as may be prescribed.

section 73. of the manipur panchayati raj act : a zilla parishad shall keep accounts in such manner as may be prescribed.

section 75. of the manipur panchayati raj act : 1 an officer of the rank of the deputy commissioner shall be the chief executive officer of the zilla parishad who shall be appointed by the government. the government may, also appoint an additional chief executive officer for a zilla parishad on such terms and conditions as may be prescribed. 2 the government shall also appoint a chief accounts officer and a chief planning officer for each zilla parishad on such terms and conditions as may be prescribed. 3 the government shall post from time to time in every zilla parishad such number of officers of group a, b and c services of the state including any officers appointed to such service from amongst person employed by the existing local authority and officers of an all india service allocated to serve under the government, as the government considers necessary. 4 notwithstanding anything contained in this act or any other law for the time being in force the government or any other officer or other authority authorised by it in this behalf shall have the power to effect transfer of the officers and officials so posted from one district to another district. 5 the government may constitute, from such date as is specified, such services for each zilla parishad as may be prescribed.

section 82. of the manipur panchayati raj act : 1 when on account of the reason that the limits of an area of gram panchayat or zilla parishad, are altered, the government may by order published in the official gazette dissolve such panchayat or parishad, from a date, specified in the order and direct that gram panchayat or zilla parishad concerned: i be reconstituted for the panchayat area of which the gram panchayat or the district of which zilla parishad has been dissolved or ii be established for a panchayat area, or district which has been newly constituted. 2 the members of the gram panchayat or zilla parishad which has been dissolved under subsection 1 shall vacate their office from the date specified in the order of the government. 3 the gram panchayat or zilla parishad reconstituted or established under the provisions of subsection 1 shall consist of members nominated by the government and such members shall as far as practicable be persons who are members of the gram panchayat or zilla parishad which has been dissolved under subsection 1. 4 the chairpersons of gram panchayat or zilla parishad shall be elected in the manner provided in this act. 5 the term of the gram panchayat or zilla parishad so reconstituted or established shall be for such period not exceeding six months as the government shall by order specify. 6 before the expiry of the term of the gram panchayat or zilla parishad constituted in accordance with the provisions of subsection 5, a gram panchayat or zilla parishad shall be constituted in the manner provided under this act: provided that where the remainder of the period for which the dissolved gram panchayat or zilla parishad would have continued is less than six months it shall not be necessary to hold an election under this section for constituting a gram panchayat or a zilla parishad for such period. 7 a gram panchayat or zilla parishad constituted under subsection 1 shall continue only for the remainder of the period for which the dissolved gram panchayat or zilla parishad would have continued had it not been so dissolved. 8 when a gram panchayat or a zilla parishad has been dissolved and reconstituted or established under this section so much of the gram panchayat or zilla parishad fund and other property vesting in the gram panchayat or zilla parishad which has been dissolved shall vest in and such portion of the debts, and obligations shall be transferred to, the gram panchayat or zilla parishad reconstituted or established under this section as the government may direct by an order made in writing. 9 the rights and liabilities of the dissolved gram panchayat or zilla parishad in respect of civil and criminal proceedings, contracts, agreements and other matters or things arising in and relating to any part of the area subject to the authority of the gram panchayat or zilla parishad reconstituted or established shall vest in such gram panchayat or zilla parishad. 10 any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation or form made, issued, imposed or granted by the gram panchayat or zilla parishad which has been dissolved in respect of any part of the area subject to the authority of the gram panchayat or zilla parishad which has been reconstituted or established, shall be deemed to have been made, issued, imposed or granted by such gram panchayat or zilla parishad unless and until it is suspended by any appointment, notification, notice, form, order, scheme, licence, permission, rule and regulation made, issued, imposed or granted by such gram panchayat or zilla parishad.

section 76. of the manipur panchayati raj act : 1 save as otherwise expressly provided by or under this act, the chief executive officer shall, a carry out the policies and directions of the zilla parishad and take necessary measures for the speedy execution of all works and developmental schemes of zilla parishad b discharge the duties imposed upon him, by or under this act or the rules and regulations made thereunder c control the officers and servants of the zilla parishad subject to the general superintendence and control of the zilla adhyaksha and under such rules as may be prescribed d have custody of all papers and documents relating to zilla parishad and e draw and disburse money out of the zilla parishad funds and exercise such other powers and perform such other functions as may be prescribed. 2 the chief executive officer shall attend every meeting of the zilla parishad and may take part in the discussion but shall not have the right to move any resolution or to vote. if in the opinion of the chief executive officer any proposal before the zilla parishad is violative of or is inconsistent with the provisions of this act or any other law or the rules made thereunder, it shall be his duty to bring the same to the notice of the zilla parishad. 3 the chief accounts officer shall advise the zilla parishad in matters of financial policy and shall be responsible for all matters relating to the accounts of the zilla parishad including preparation of accounts and the budget. 4 the chief accounts officer shall ensure that no expenditure is incurred except under proper sanction and in accordance with this act and the rules and regulations made thereunder and shall disallow any expenditure not warranted by the act or rules and regulations or for which no provision is made in the budget. 5 the additional chief executive officer shall assist the chief executive officer in the performance of his duties. 6 the chief planning officer shall advise the zilla parishad in matters of plan formulation and shall be responsible for all matters relating to planning of the zilla parishad including the preparation of plans of economic development and social justice and annual plan of the district.

section 77. of the manipur panchayati raj act : 1 every person in possession of money, accounts, records or other property pertaining to a gram panchayat or a zilla parishad shall on the requisition in writing of the chief executive officer for this purpose, forthwith hand over such money or deliver up such accounts, records or other property to the chief executive officer or the person authorised in the requisition to receive the same. 2 the chief executive officer may also take steps to recover any money due by such person in the same manner and subject to the same provisions as in the relevent land revenue act, for the recovery of the arrears of land revenue from defaulters and for the purpose of requisitioning the accounts, records or for recovering any other property apertaining to the gram panchayat or zilla parishad may issue a search warrant and exercise all such powers with respect thereto as may lawfully be exercised by a magistrate under the provisions of chapter vii of the code of criminal procedure, 2 of . 3 every person knowing where any money, accounts, records or other property apertaining to a gram panchayat or a zilla parishad are concealed shall be bound to give information of the same to the chief executive officer. 4 an appeal shall lie from an order of the chief executive officer under this section to the government.

section 78. of the manipur panchayati raj act : every gram panchayat and every zilla parishad shall have power to revise or modify any decision taken by any of its committees.

section 79. of the manipur panchayati raj act : 1 a gram panchayat may, subject to the provisions of this act and the rules made thereunder and with the previous sanction of the zilla parishad make byelaws to carry out the purposes of this act. 2 in making any byelaws under subsection 1 the gram panchayat may provide that a contravention thereof shall be punishable with such fine as may be prescribed. 3 any such byelaw may also provide that a person contravening the same shall be required to remedy so far as it lies in his power, the mischief, if any, caused by such contravention. 4 all byelaws made under this section shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.

section 80. of the manipur panchayati raj act : 1 a zilla parishad may subject to the provisions of this act and the rules made thereunder and with the previous sanction of the government, by notification, make regulations to carry out the purposes of this act in so far as it relates to its powers and duties. 2 the regulations made under subsection 1 shall be subject to the condition of previous publication and such publication shall be in such manner as may be prescribed.

section 81. of the manipur panchayati raj act : 1 the government may, subject to the provisions of this act and the rules made thereunder and after previous publication of the draft for not less than one month, make model regulations and byelaws for zilla parishads and gram panchayats respectively. 2 a gram panchayat or a zilla parishad may by resolution adopt the model byelaws or regulations, as the case may be, made under subsection 1, and such byelaws and regulations shall come into force within the jurisdiction of the gram panchayat or zilla parishad from such date as the gram panchayat or zilla parishad as the case may be, may specify in a notice published in the prescribed manner.

section 83. of the manipur panchayati raj act : 1 if, in the opinion of the zilla parishad, a gram panchayat exceed or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this act or any other law for the time being in force, the zilla parishad may by order published in the official gazette, dissolve such gram panchayat. 2 if in the opinion of the government, a zilla parishad exceeds or abuses its powers or is not competent to perform or makes persistent default in the performance of the duties imposed on it under this act or any other law for the time being in force, the government may, by an order published in the official gazette, dissolve such zilla parishad. 3 before publishing an order under subsection 1 or subsection 2 the zilla parishad or the government shall communicate to the gram panchayat or to the zilla parishad, as the case may be, the grounds on which it proposes to do so, and fix a reasonable period for the panchayat concerned to show cause against the proposal and consider its explanation and objections, if any. 4 when a gram panchayat or zilla parishad is dissolved all the members of gram panchayat or zilla parishad shall, from the date specified in the order, vacate their office as such members. 5 if a gram panchayat or zilla parishad is dissolved: a all the powers and duties of the gram panchayat or zilla parishad shall, during the period of its dissolution be exercised and performed by such person or persons as the zilla parishad or the government, as the case may be, may from time to time, appoint in this behalf b all property vested in the gram panchayat or zilla parishad shall during the period of dissolution vest in the zilla parishad or the government, as the case may be and c the person is vacating office on dissolution shall be eligible for reelection.

section 90. of the manipur panchayati raj act : 1 if on the receipt of a report from the chief executive officer in this behalf or otherwise the government is of the opinion that execution of any order or resolution of zilla parishad or the doing of anything which is about to be done or is being done by on behalf of a zilla parishad is unjust, unlawful, or improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may, by an order suspend the execution or prohibit the doing thereof. 2 when the government makes an order under subsection 1, it shall forthwith forward to the zilla parishad affected thereby a copy of the order with a statement of reasons for making it and the government may confirm or rescind the order or direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: provided that no order under this subsection shall be made by the government without giving the zilla parishad concerned a reasonable opportunity of showing cause against the said order.

section 84. of the manipur panchayati raj act : 1 the government may, at any time for reasons to be recorded in writing, cause any inquiry to be made by any of its officers in regard to any gram panchayat or zilla parishad on matters concerning it, or any matters with respect to which the sanction, approval, consent or orders of the government is required under this act. 2 the officer holding such inquiry shall have the powers of the civil court under the code of civil procedure, 5 of to take evidence and to compel attendance of witnesses and production of documents for the purposes of the inquiry. 3 the government may make orders as to costs of inquiries made under subsection 1 and as to the parties by whom and the funds out of which they shall be paid and such order may, on the application of the commissioner or of any person named therein be executed as if it were a decree of a civil court.

section 85. of the manipur panchayati raj act : 1 for the purpose of efficient and economical execution of any works or development schemes undertaken by a gram panchayat or zilla parishad an officer or person authorised by general or special order of the government, if he considers it necessary to give technical guidance or assistance to any officer of or under the gram panchayat or zilla parishad who is charged with the execution or maintenance of any such work or development scheme, then the officer or person so authorised may periodically inspect such works or development schemes to give such guidance, assistance or advise as he thinks necessary in relation to such works or development schemes and shall forward to the gram panchayat or zilla parishad a report on the inspection made pointing out therein any irregularities noticed, and suggestions for improvement. 2 in implementation of the plans or schemes all the rules applicable to government departments such as for purchase, tender, quality control, technical sanctions, accounts and audit and supervision shall mutatis mutandis be applicable in case of a panchayat.

section 86. of the manipur panchayati raj act : 1 notwithstanding anything contained in this act it shall be lawful for the government to issue directions to any gram panchayat or zilla parishad in matters relating to state and national policies and such directions shall be binding on the gram panchayat or zilla parishad. 2 the government may: a call for any record, register or any other document in possession under the control of any gram panchayat or zilla parishad b require any gram panchayat or zilla parishad to furnish in return, plan, estimate, statement, account or statistics and c require any gram panchayat or zilla parishad to furnish any information or report on any matter connected with such gram panchayat or zilla parishad.

section 87. of the manipur panchayati raj act : 1 the chief executive officer may in respect of gram panchayat exercise the following powers, namely: a call for proceedings of any gram panchayat or any extract of any book or document in the possession of or under the control of the gram panchayat or any return or statement of account or report b require a gram panchayat, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such gram panchayat or any information which appears to him to necessitate the doing of anything by such gram panchayat or within such period as he may fix c order a duty to be performed within a specified period if a gram panchayat has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting gram panchayat within such period as he may fix d direct a gram panchayat to levy any tax if it has failed to do so in accordance with the provision of this act e call for meetings of the gram panchayat, or any of its committees if no meeting of the gram panchayat or its committees has been held in accordance with the provisions of this act or rules made thereunder. 2 the gram panchayat may appeal to the commissioner, against any order made under clause c of subsection 1 by the chief executive officer within thirty days from the date of such order. 3 the commissioner may in respect of zilla parishad exercise the following powers, namely: a call for proceedings of any zilla parishad or any extract of any book or document in the possession of or under the control of the zilla parishad or any return or statement of account or report b require a zilla parishad, to take into consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by such zilla parishad or any information which appears to him to necessitate the doing of anything by such zilla parishad or within such period as he may fix c order a duty to be performed within a specified period if a zilla parishad has made default in the performance of any duty and if such duty is not performed within the specified period, to appoint a person to perform such duty and direct that the expenses thereof shall be paid by the defaulting zilla parishad within such period as he may fix d call for meetings of the zilla parishad or any of its committees if no meeting of the zilla parishad or its committees has been held in accordance with the provisions of this act or rules made thereunder. 4 the zilla parishad may appeal to the government, against any order made under clause c of subsection 3 by the commissioner, within thirty days from the date of such order.

section 88.power of government and chief executive officer to provide for performance of duties in default of gram panchayat or zilla parishad of the manipur panchayati raj act : when the government in case of a zilla parishad and the chief executive officer in case of a gram panchayat is informed on complaint made or otherwise, that any zilla parishad or gram panchayat has made default in performing any duty imposed on it, by or under this act, or by or under any law for the time being in force and if the government or chief executive officer, as the case may be, is satisfied after due enquiry that any zilla parishad or gram panchayat, has failed in the performance of such duty, the government or the chief executive officer, as the case may be, may fix a period for the performance of that duty: provided that no such period shall be fixed unless the zilla parishad or gram panchayat concerned has been given an opportunity to show cause why such an order shall not be made.

section 89., of gram panchayat. of the manipur panchayati raj act : 1 if in the opinion of the zilla parishad the execution of any order or resolution of a gram panchayat or any order of any authority or officer of a gram panchayat or the doing anything which is about to be done, or is being done, by or on behalf of a gram panchayat is unjust, unlawful, improper or is causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace, it may by order suspend the execution of or prohibit the doing thereof. 2 when the zilla parishad makes an order under subsection 1 it shall forthwith forward to the government and to the gram panchayat affected thereby a copy of the order with a statement of the reasons for making it and it shall be in the discretion of the government to confirm or resind the order or to direct that it shall continue to be in force with or without modification permanently or for such period as it thinks fit: provided that no order of the zilla parishad made under this section shall be confirmed, revised or modified by the government without giving the gram panchayat reasonable opportunity of showing cause against the said order.

section 91. of the manipur panchayati raj act : 1 the government may by general or special order provide for all any of the following matters, namely: a the manner in which purchase of stores, equipments, machineries and other articles required by the zilla parishad or gram panchayat shall be made by them b the manner in which tender for works, contracts and supplies shall be invited and examined and accepted by the gram panchayat or zilla parishad c the manner in which works, and development schemes may be executed and inspected and payment may be made in respect of such works an schemes and d constitution of committee for the purposes of this subsection. 2 save as otherwise expressly provided in subsection 1, in respect of all other matters relating to withdrawal of funds, form of bills, incurring of expenditure maintenance of accounts, rendering of accounts and such other matters, the rules, of implementation as applicable to departments of the government shall mutatis mutandis apply in case of a gram panchayat and zilla parishad.

section 92. of the manipur panchayati raj act : 1 whenever, a any general election to a zilla parishad under this act or any proceedings consequent thereon has been stayed by an order of a competent court, or authority or b all the members or more than twothirds of the members of a zilla parishad have resigned, the government shall by notification in the official gazette appoint an administrator for such period as may be specified in the notification and may, by like notification, curtail or extend the period of such appointment, so however, that the total period of such appointment shall not exceed six months. 2 notwithstanding anything contained in this act, on the appointment of an administrator under subsection 1 the zilla parishad and the committees thereof and the adhyaksha, or upadhyaksha of such zilla parishad charged with carrying out the provisions of this act, or any other law, shall cease to exercise any powers and perform and discharge any duties or functions conferred or imposed on them by or under this act or any other law and all such powers shall be exercised and all such duties and functions shall be performed and discharged by the administrator during the period of such appointment.

section 98. of the manipur panchayati raj act : 1 there shall be a state election commission constituted by the government for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the panchayat bodies in the state under this act and the rules made thereunder. 2 the commission shall consist of a state election commissioner to be appointed by the governor. 3 the conditions of services and tenure of office of the state election commissioner shall be such as the governor may by rule determine: provided that the state election commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the high court and the conditions of service of the state election commissioner shall not be varied to his disadvantage after his appointment. 4 the government shall, when so requested by the state election commission, make available to the state election commission such staff as may be necessary for the discharge of the functions conferred on the state election commission under this act.

section 93. of the manipur panchayati raj act : the government if it thinks fit on the recommendation of the gram panchayat or zilla parishad or otherwise, may remove any member after giving him an opportunity of being heard and after such enquiry as it deems necessary if such members has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member

section 94. of the manipur panchayati raj act : notwithstanding the transfer of any power, functions and duties in respect of any matter to a panchayat under this act the government on a proposal from panchayat in that behalf or where it is satisfied that by reason of a change in the nature of the matter such as the conversion of a primary health centre into a secondary health centre or hospital or the conversion of a seed multiplication farm into an agricultural research farm or a road becoming a part of a highway, the matter would cease to be a matter in relevant panchayat functions list and it is necessary to withdraw from the panchayat powers, functions or duties in respect of such matter, may, by notification in the official gazette, withdraw such powers, functions and duties with effect from the date specified in the notification and make such incidental and consequential orders as may be necessary to provide for matters including the taking over of the property, right and liabilities, if any vesting in the panchayat and of the staff, if any, which may have been transferred to the panchayat as the case may be.

section 95. of the manipur panchayati raj act : 1 every gram panchayat shall prepare every year a development plan and submit it to the zilla parishad before such date and in such form as may be prescribed. 2 every zilla parishad shall prepare every year a development plan of the district after including the development plans of the gram panchayat and submit it to the district planning committee constituted under section 96 of this act.

section 96. of the manipur panchayati raj act : 1 the government shall constitute in every district a district planning committee to consolidate the plans prepared by the zilla parishad, gram panchayats, nagar panchayat, municipal council and municipal corporation in the district and to prepare a draft development plan for the district as a whole. 2 the district planning committee shall consist of a members of the house of the people who represent the whole or part of the district b all the members or the state legislative assembly whose constituencies lie within the district c adhyaksha of the zilla parishad d mayor or the president of the municipal corporation or the municipal council respectively, having jurisdiction over the headquarters of the district and e such number of persons not less than fourfifth of the total number of members of the committee as may be specified by the government elected in the prescribed manner from amongst the members of the zilla parishad, nagar panchayat and councillors of the municipal corporation and the municipal councils in the district, in proportion to the ratio between the population of the rural areas and of the urban areas in the district. 3 the chairman of the district cooperative banks and of the land development bank shall be permanent invitees of the committee. 4 the chief executive officer shall be the secretary of the committee. 5 the deputy commissioner of the districts shall be the chairman of the district planning committee. 6 the district planning committee shall consolidate the plans prepared by the zilla parishad, gram panchayat, nagar panchayat, municipal council and the municipal corporations in the district and prepare a draft development plan for the district as a whole. 7 every district planning committee shall in preparing the draft development plan: a have regard to i the matters of common interest between the zilla parishad, gram panchayats, nagar panchayats, municipal corporation and municipal councils in the district including spatial planning sharing of water and other physical and natural resource, the integrated development of infrastructure and environmental conservation, ii the extent and type of available resources whether financial or otherwise b consult such institutions and organisations as the government may by order specify. 8 the chairman of every district planning committee shall forward the development plan, as recommended by such committee to the government.

section 97. of the manipur panchayati raj act : 1 the governor shall constitute every five years a finance commission to review the financial position of the zilla parishads and gram panchayats and to make recommendations to the government as to a the principles which should govern i the distribution between the state and the zilla parishads and the gram panchayats and the net proceeds of the taxes, duties, tolls and fees leviable by the government which may be divided between them and allocation between the zilla parishad and gram panchayat of their respective shares of such proceeds ii the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the zilla parishad and gram panchayat iii the grantsinaid to the zilla parishads and gram panchayats from the consolidated fund of the state b the measures needed to improve the financial position of the zilla parishads and gram panchayats and c any other matter referred to the finance commission by the governor in the interest of sound finance of the zilla parishads and gram panchayats. 2 the finance commission shall consist of a member. 3 the member of finance commission shall be appointed in such manner as may be prescribed from among persons who a have experience in public affairs or b are or have been, or are qualified to be appointed as a judge of a high court or c have special knowledge of the finances and accounts of governments or d have had wide experience in financial matters and in administration or e have special knowledge of economics. 4 the finance commission shall determine its procedure. 5 the member of the finance commission may resign his office by writing under his hand and addressed to the governor but he shall continue in office until his resignation is accepted by the governor. 6 the casual vacancy occurring due to the resignation of the member under subsection 5 or for any other reason may be filled by fresh appointment and a member so appointed shall hold office for the remaining period for which the member in whose place as he was appointed would have held office. 7 in the performance of its functions, the commission shall have the following powers, namely: a to call for any record from any officer or authority b to summon any person to give evidence or produce records and c such other powers as may be prescribed. 8 the governor shall cause every recommendation made by the finance commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the state legislature

section 100. of the manipur panchayati raj act : every person whose name is in the list of voters within the gram panchayat or zilla parishad constituency and is ordinarily resident within the gram panchayat or zilla parishad area shall, unless disqualified under this act or under any other law for the time being in force, be qualified to be elected as a member of the gram panchayat: provided that in the case of seats reserved for the scheduled castes or scheduled tribes or backward classes and women, no person who is not a member of any of the scheduled castes or scheduled tribes or backward classes or is not a women, as the case may be, shall be qualified to be elected to such seat.

section 99. of the manipur panchayati raj act : upon the publication of the figures of each census, the number of elected members of a panchayat shall be determined by the state government on the basis of the population of the panchayat area as ascertained at that census: provided that the determination of the number as aforesaid shall not affect the then composition of the panchayats existing at the time of the publication of census under this section until the expiry of its term.

section 108. of the manipur panchayati raj act : 1 the manipur panchayati raj act, manipur act 12 of is hereby repealed. 2 notwithstanding the repeal of the manipur panchayati raj act, hereinafter referred to as the repealed act the repeal shall not affect: a the previous operations of the repealed act or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under the repealed act or c any penalty, forfeiture or punishment incurred in respect of any offence committed under the repealed act or d any investigation, legal proceedings or remedy in respect of such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, foreiture or punishment may be imposed as if this act had not been passed.

section 101. of the manipur panchayati raj act : 1 a person shall be disqualified for being chosen and for being a member of a gram panchayat or zilla parishad, a if he has not attained the age of twentyone years b if he is so disqualified by or under any law for the time being in force for the purposes of elections to the state legislatures c if an order has been passed against him under section 117 of the code of criminal procedure, 2 of , in proceedings instituted under section 110 of the code, such order not having been subsequently revised or quashed or d if he has been dismissed from the service under any local authority or e if, having been a legal or medical practitioner or a chartered accountant, his name has been removed from the rolls or he is suspended by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension or f if he has been removed from membership of any local authority or g if he holds any office of profit under any local or other authority subject to the control of the central government, the state government or the government of any other state, other than such offices as are declared by rules made under this act not to disqualify the holder. explanation.for the purpose of this clause, a person shall not be deemed to hold any office of profit under the gram panchayat or zilla parishad by reason only that he is a pradhan or uppradhan of the gram panchayat or an adhyaksha or upadhyaksha of zilla parishad h if, save as hereinafter provided he has directly or indirectly any share or interest in any work done by order of the gram panachayat or the zilla parishad or in any contract or employment with, or under, or by, or on behalf of the gram panachayat or the zilla parishad or i if he is employed as a paid legal practitioner on behalf of the gram panchayat or the zilla parishad or accepts employments as legal practitioner against the gram panchayat or zilla parishad or j if arrears of any kind are due by him to the gram panchayat or the zilla parishad under this act: provided that, a the disqualification in clause b shall cease to operate after the expiry of the period during which a person is ordered to furnish security b the disqualification in clause d or clause e shall cease to operate after the expiry of five years from the date of such sentence or dismissal, or disenrolment or earlier by an order of the government c the disqualification in clause f shall cease to operate after the expiry of five years from the date of such removal d a person shall not be deemed to have incurred disqualification under clause h by reason of his, i having a share in any joint stock company or a share or interest in any association registered under the manipur societies registration act, 1 of in any cooperative society, which shall contract with or be employed by or on behalf of the gram panchayat or the zilla parishad or ii having a share or interest in any newspaper in which any advertisement relating to the affairs of the gram panchayat or the zilla parishad is inserted or iii holding a debenture or being otherwise concerned in any loan raised by or on behalf of the gram panchayat or the zilla parishad. 2 if any question arises as to whether a member of a panchayat at any level has become subject to any of disqualification mentioned in subsection 1, the question referred for the decision of election tribunal. 3 if a person who is chosen as a member of a panchayat is or becomes member of the house of the people, the council of states, the state legislative assembly or the state legislative council, or is or becomes a municipal councillor or a councillor of municipal corporation or a member of a sanitary board, and other panchayat, then within fifteen days from the date of commencement of the term of office of a member of the house of the people, the council of states, the state legislative assembly or state legislative council or of a municipal councillor or a councillor of a municipal corporation or a member of such other panchayat his seat in the panchayat shall become vacant unless he has previously resigned his seat in the house of the people, the council of states, the state legislative assembly or the state legislative council or the municipal corporation of the board or such other panchayat, as the case may be.

section 107. of the manipur panchayati raj act : every member, adhyaksha or upadhyaksha of the zilla parishad and every member, pradhan or uppradhan of a gram panchayat shall before taking his seat, make at a meeting of the zilla parishad or gram panchayat as the case may be, an oath or affirmation of his allegiance to the constitution of india in the following form, namely: i,............................................................... being a member/adhyaksha/upadhyaksha/pradhan/ uppradhan of the.................................... do swear in the name of god or solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will faithfully discharge the duty upon which i am about to enter.

section 102. of the manipur panchayati raj act : 1 the state government may, within a period of six months, by order in writing, rescind any resolution passed by a gram panchayat or a zilla parishad, if in its opinion such resolution a has not been legally passed or b is in excess, or abuse of the powers conferred by, or under this act or in rules made thereunder. 2 the state government shall, before taking any such action under subsection 1 give the gram panchayat or the zilla parishad concerned an opportunity for making representation against the proposed order.

section 104. of the manipur panchayati raj act : 1 as soon as may be after the first day of april in every year and not later than such date as may be fixed by the government, the chief executive officer of the zilla parishad shall prepare a report on the administration of the zilla parishad during the preceding year in such form and with such details as the government may direct and submit the report to the zilla parishad. after approval by the zilla parishad the report shall be submitted to the government. 2 the report submitted to the government under subsection 1 shall together with a memorandum by the government reviewing the working of the zilla parishad be laid before the house of the state legislature.

section 109. of the manipur panchayati raj act : if any difficulty arises in giving effect to the provisions of this act, the government, may by order, published in the official gazette as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.

section 103. of the manipur panchayati raj act : 1 the government shall constitute election tribunal consisting of one member to be appointed by that government to dispose of: i all election petitions challenging elections to a panchayat ii matters relating to disqualification of a member of the panchayat and iii any other election matter, in such manner as may be prescribed. 2 the headquarter of the tribunal shall be at such place as may be notified. 3 the decision of the election tribunal made under subsection 1 shall be final.

section 106. of the manipur panchayati raj act : notwithstanding anything in this act a the validity of any law relating to the delimitation of constituencies or the allotment of seat to such constituencies, made or purporting to be made under the relevant provision of the constitution of india shall not be called in question in any court b no election to any panchayat shall be called in question in any court

section 105. of the manipur panchayati raj act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure for convening and holding the meetings of gram sabha under section 6 b the manner for publication of electoral rolls of gram panchayat and the authority competent to publish the same as referred to in subsection 1 of section 16 c the manner for filing an appeal against the order of the authority publishing the electoral rolls as referred to in subsection 5 of section 13 d the rotation of the reserved seats in constituencies of a gram panchayat under subsections 1 and 3 of section 19 e the procedure for election of pradhan and members of gram panchayat under section 21 f the manner for filling up the casual vacancies in gram panchayat referred to in subsection 1 of section 23 g the payment of honorarium and other allowances to pradhan and uppradhan under subsection 2 of section 27 h powers, functions and duties of pradhan and uppradhan as referred to in clause g of subsection 1 and clause c of subsection 2 of section 28 i the authority competent to receive and accept the resignation of pradhan and uppradhan j the officers to whom the notice of meeting of the gram panchayat is to be forwarded by the secretary under subsection 3 of section 32 k the manner for coopting the members by standing committee under clause b of subsection 2 of section 38 l the custody in which gram panchayat fund shall be kept as referred to in clause c of subsection 2 of section 39 m the procedure for preparation and approval of the budget of gram panchayat under section and maintenance of accounts and its audit under sections 43 and 44 n appointment, terms and conditions of service, pay and allowances and other service conditions of the secretary as referred to in section 45 o the manner of election of members to zilla parishad under section 50 p the manner for filling up the casual vacancy in zilla parishad referred to in section 51 q the rotation of reserved seats in constituencies of zilla parishad under subsections 1 and 3 of section 52 r the manner for reservation of seats of adhyaksha and upadhyaksha of zilla parishad referred to in subsection 2 of section 54 s salary and allowances of adhyaksha and upadhyaksha and sitting fee and other allowances to the members of zilla parishad under section 55 t powers, functions and duties of adhyaksha and upadhyaksha referred to in section 56 u the authority competent to receive and accept the resignation of adhyaksha and upadhyaksha under subsection 2 of section 57 v the additional duties to be performed by the committees under subsection 8 of section 66 w the maximum rate of taxes to be levied by a zilla parishad x preparation and approval of budget for zilla parishad under section 72 y maintenance of accounts of zilla parishad and their audit referred to in sections 73 and 74 z the terms and conditions for appointment of additional chief executive officer, chief accounts officer, chief planning officer and other staff members under section 75 aa the superintendence and control of the affairs of zilla parishad by the chief executive officer referred to in clauses c and e of subsection 1 of section 76 ab the limits of fine to be imposed by gram panchayat under subsection 2 of section 79 and the manner of publication of byelaws of gram panchayat under subsection 4 of the said section ac the manner for appointment of member of finance commission referred to in subsection 3 of section 97. 3 every rule made under this act shall be laid, as soon as may be, after it is made, before the legislative assembly while it is in session, for a total period of twenty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the successive sessions aforesaid, the house agrees in making modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the national commission for safai karamcharis act : 1 the commission shall perform all or any of the following functions namely: a recommend to the central government specific programmes of action towards elimination of inequalities in status, facilities and opportunities for safai karamcharis under a timebound action plan b study and evaluate the implementation of the programmes and schemes relating to the social and economic rehabilitation of safai karamcharis and make recommendations to the central government and state governments for better coordination and implementation of such programmes and schemes c investigate specific grievances and take suo moto notice of matters relating to nonimplementation of i programmes or schemes in respect of any group of safai karamcharis ii decisions, guidelines or instructions, aimed at mitigating the hardship of safai karamcharis iii measures for the social and economic up liftment of safai karamcharis iv the provisions of any law in its application to safai karamcharis, and take up such matters with the concerned authorities or with the central or state governments d make periodical reports to the central and state governments on any matter concerning safai karamcharis, taking into account any difficulties or disabilities being encountered by safai karamcharis e any other matter which may be referred to it by the central government. 2 in the discharge of its functions under subsection 1, the commission shall have power to call for information with respect to any matter specified in that subsection from any government or local or other authority

section 1. of the national commission for safai karamcharis act : 1 this act may be called the national commission for safai karamcharis act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 4 it shall cease to have effect after the 329th day of february, , except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 10 of , shall apply as if this act had then been repealed by a central act. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 12th august, , vide notification no. s.o. 591e, dated 12th august, , see gazette of india, extraordinary, part ii, sec. 3ii. 3. subs. by act 55 of , s.2, for 31st day of march, w.e.f.

section 2. of the national commission for safai karamcharis act : in this act, unless the context otherwise requires, a chairperson means the chairperson of the commission b commission means the national commission for safai karamcharis constituted under section 3 c member means a member of the commission d prescribed means prescribed by rules made under this act e safai karamchari means a person engaged in, or employed for, manually carrying human excreta or any sanitation work f vicechairperson means the vicechairperson of the commission.

section 7. of the national commission for safai karamcharis act : 1 the commission shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit. 2 the commission shall regulate its own procedure. 3 all orders and decisions of the commission shall be authenticated by the chairperson or any other officer of the commission duly authorised by the chairperson in this behalf.

section 3. of the national commission for safai karamcharis act : 1 the central government shall, by notification in the official gazette, constitute a body to be known as the national commission for safai karamcharis to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the commission shall consist of a a chairperson b a vicechairperson c fivemembers, to be nominated, from amongst the persons of eminence connected with the socioeconomic development and welfare of safai karamcharis, by the central government: provided that at least one of the members shall be a woman.

section 9. of the national commission for safai karamcharis act : the chairperson, vicechairperson, members, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 4. of the national commission for safai karamcharis act : 1 the chairperson, vicechairperson and every member shall hold office for such period not exceeding three years as may be specified by the central government in this behalf or up to the 31st day of march, , whichever is earlier. 1provided that the chairperson, vicechairperson and every member holding office as such immediately before the commencement of the national commission for safai karamcharis amendment act, 18 of shall vacate their respective offices on the 31st day of march, : provided further that the chairperson, vicechairperson and every member appointed after the commencement of the national commission for safai karamcharis amendment act, 18 of shall hold office for such period not exceeding three years as may be specified by the central government in this behalf or up to the 31st day of march, , whichever is earlier. 21a notwithstanding anything contained in subsection 1, the chairperson, vicechairperson and every member appointed on or after the 16th day of february, , shall hold office for a period not exceeding three years from the date of assumption of his office or up to the 29th day of february, , whichever is earlier. 2 the chairperson, vicechairperson or a member may, by notice in writing addressed to the central government, resign from the office of chairperson, vicechairperson, or as the case may be, of the member at any time. 3 the central government shall remove a person from the office of chairperson, vicechairperson or a member if that person a becomes an undischarged insolvent b is convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude c becomes of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission or f in the opinion of the central government has so abused the position of chairperson, vicechairperson or member as to render that persons continuance in office detrimental to the public interest: provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter. 4 a vacancy caused under subsection 2 or subsection 3 or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. 5 the salaries and allowances payable to, and other terms and conditions of service of, the chairperson, vicechairperson and members shall be such as may be prescribed. 1. ins. by act 18 of , s.3 w.e.f . 2. ins. by act 55 of , s. 3 w.e.f. .

section 10. of the national commission for safai karamcharis act : the central government shall consult the commission on all major policy matters affecting safai karamcharis.

section 6., not to invalidate the proceedings of the commission. of the national commission for safai karamcharis act : no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the commission.

section 14. of the national commission for safai karamcharis act : no suit, prosecution or other legal proceeding shall lie against the central government, commission, chairperson, vicechairperson, members or any officer or other employee of the commission for anything which is in good faith done or intended to be done under this act.

section 5. of the national commission for safai karamcharis act : 1 the central government shall provide the commission with such officers and employees as may be necessary for the efficient performance of the functions of the commission under this act. 2 the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed.

section 12. of the national commission for safai karamcharis act : 1 the central government shall cause the annual report to be laid before each house of parliament along with the memorandum explaining the action taken or proposed to be taken on the recommendations contained therein in so far as they relate to the central government and the reasons for nonacceptance, if any, of any such recommendation. 2 where the said report or any part thereof relates to any matter with which a state government is concerned, a copy of such report shall be forwarded to the governor of the state who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the nonacceptance, if any, of any such recommendation or part.

section 11. of the national commission for safai karamcharis act : the commission shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of its activities during the previous financial year and forward a copy thereof to the central government.

section 13. of the national commission for safai karamcharis act : the commission may, by general or special order, delegate to the chairperson, vicechairperson or any member or to any officer of the commission subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this act as it may deem fit.

section 15. of the national commission for safai karamcharis act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a salaries and allowances payable to, and the other terms and conditions of service of, the chairperson, vicechairperson and members under subsection 5 of section 4 and of officers and other employees of the commission under subsection 2 of section5 b the form in, and the time at, which the annual report shall be prepared under section 11 c any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the indian ports act : 1 the conservator of any port subject to this act may, with respect to any vessel within the port, give directions for carrying into effect any rule for the time being in force therein under section 6. 2 if any persons wilfully and without lawful excuse refuses or neglects to obey any lawful direction of the conservator, after notice thereof has been given to him, he shall, for every such offence, be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which, after such notice as aforesaid, he is proved to have wilfully and without lawful excuse continued to disobey the direction. 3 in case of such refusal or neglect, the conservator may do, or cause to be done, all acts necessary for the purpose of carrying the direction into execution, and may hire and employ proper persons for that purpose, and all reasonable expenses incurred in doing such acts shal l be recoverable by him from the person so refusing or neglecting to obey the direction.

section 1. of the indian ports act : 1 this act may be called the indian ports act, . 2 it shall extend, save as otherwise appears from its subject or context, a to the ports mentioned in the first schedule, and to such parts of the navigable rivers and channels leading to such ports respectively as have been declared to be subject to act xxii of for the regulation of ports and portdues or to the indian ports act, 12 of , or to the indian ports act, 10 of b to the other ports or parts of navigable rivers or channels to which the 1government, in exercise of the power hereinafter conferred, extends this act. 3 but nothing in section 31 or section 32 shall apply to any port, river or channel to which the section has not been specially extended by the 1government. 1. subs. by the a.o. , for local government.

section 2. of the indian ports act : nothing in this act shall i apply to any vessel belonging to, or in the service of, 1the central government or a state government 2 or to any vessel of war belonging to any foreign prince or state, or ii deprive any person of any right of property or other private right, except as hereinafter expressly provided, or iii affect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto. 1. subs. by the a.o. , for his majesty. 2 the words or the government of india omitted by the a.o. .

section 7. of the indian ports act : 1 the 1government shall appoint some officer or body of persons to be conservator of every port subject to this act. 2 subject to any direction by the 1government to the contrary, a in ports where there is a portofficer, the portofficer shall be the conservator b in ports where there is no portofficer, but where there is a harbourmaster, the harbourmaster shall be the conservator. 3 where the harbourmaster is not conservator, the harbourmaster and his assistants shall be subordinate to, and subject to the control of, the conservator. 4 the conservator shall be subject to the control of the 1government, or of any intermediate authority which 2the government may appoint. 1. subs. by the a.o. , for local government. 2. subs., ibid., for that government.

section 9. of the indian ports act : the conservator of any such port may, in case of urgent necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangerin g the safety of any vessel in the port or at or near to the entrance thereof.

section 4. of the indian ports act : 14. power to extend or withdraw the act or certain portions thereof.1 2 the 1government 1government may, by notification in the official gazette, a extend this act to any port3 in which this act is not in force or to any part of any navigable river or channel which leads to a port and in which this act is not in force b specially extend the provisions of section 31 or section 32 to any port to which they have not been so extended c withdraw this act or section 31 or section 32 from any port or any part thereof in which it is for the time being in force. 2 a notification under clause a or clause b of subsection 1 shall define the limits of the area to which it refers. 3 limits defined under subsection 2 may include any piers, jetties, landingplaces, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without highwatermark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yards of highwatermark. 4 in subsection 3 the expression highwatermark means the highest point reached by ordinary spring tides at any season of the year. 1. subs. by the a.o. , for local government. 2. the words with the previous sanction of the governor general in council omitted by act 6 of , s. 2. 3. extended to the port of mormugao vide g.s.r. , dated .

section 3. of the indian ports act : in this act, unless there is anything repugnant in the subject or context, 11 magistrate means a person exercising powers under the code of criminal procedure, 2 of 2 master, when used in relation to any vessel 2or any aircraft making use of any port, means, subject to the provisions of any other enactment for the time being in force, any person except a pilot or harbourmaster 2of the port having for the time being the charge or control of the vessel 6or the aircraft, as the case may be 3 pilot means a person for the time being authorised by the 3government to pilot vessels 4 port includes also any part of a river or channel in which this act is for the time being in force 5 port officer is synonymous with masterattendant 46 ton means a ton as determined or determinable by the rules made under section 74 of the merchant shipping act, 44 of , for regulating the measurement of the gross tonnage of ships 7 vessel includes anything made for the conveyance 5mainly by water of human beings or of property 68 major port means any port which the central government may by notification in the official gazette declare, or may under any law for the time being in force ha ve declared, to be a major port 7and 9 government, as respects major ports, for all purposes, and, a s respects other ports, for the purposes of making rules under clause p of section 6 1 and of the appointment and control of port healthofficers under section 17, means the central government, and save as aforesaid, means the state government. 8 1. subs. by act 15 of , s. 2, for clause 1 w.e.f. . 2. ins. by act 35 of , s. 188. 3. subs. by the a.o. , for local government. 4. subs. by act 23 of , s. 2, for clause 6 w.e.f. . 5. ins. by act 35 of , s. 188. 6. added by the a.o. . 7. ins. by act 23 of , s. 2 w.e.f. . 8. clause 10 ins. by the a.o. , omitted by act 3 of , s. 3 and sch.

section 10. of the indian ports act : 1 the conservator may remove, or cause to be removed, any timber, raft or other thing, floating or being in any part of any s uch port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landingplace, wharf, quary, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. 2 the owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or impediment, or causes any public nuisance affecting or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees. 3 the conservator or any magistrate having jurisdiction over the offence may cause any such nuisance to be abated.

section 12. of the indian ports act : 1 if any obstruction or impediment to the navigation of any port subject to this act has been lawfully made, or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the 1government, and shall, with the sanction of 2the government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. 2 any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. 1. subs. by the a.o. , for local government. 2. subs., ibid., for that government.

section 6. of the indian ports act : show related subordinates 1 the 1government may, in addition to any rules which it may make under any other enactment for the time being in force, make such rules, consistent with this act, as it thinks necessary for any of the following purposes, namely: a for regulating the time and hours at and during which, the speed at which, and the manner and conditions in and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this act b for regulating the berths, stations and anchorages to be occupied by vessels in any such port c for striking the yards and top masts, and for riggingin the booms and yards, of vessels in any such port, and for swinging or takingin davits, boats and other things projecting from such vessels d for the removal or proper hanging or placing of anchors, spars and other things being in or attached to vessels in any such port: e for regulating vessels whilst takingin or discharging passengers, ballast or cargo, or any particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so engaged 2ee for regulating the manner in which oil or water mixed with oil shall be discharged in any such port and for the disposal of the s ame 3eee for regulating the bunkering of vessels with liquid fuel in any such port and the description of barges, pipe lines or tank vehicles to be employed in such bunkering f for keeping free passages of such width as may be deemed necessary wit hin any such port, and along or near to the piers, jetties, landingplaces, wharves, pays, docks, moorings and other works in or adjoining to the same, and for marking out the spaces so to be kept free g for regulating the anchoring, fastening, mooring and unmooring of vessels in any such port h for regulating the moving and warping of all vessels within any such port and the use of warps therein i for regulating the use of the mooring buoys, chains and other moorings in any such port j for fixing the rates to be paid 4in a port other than a major port for the use of such moorings when belonging to the 5government, or of any boat, hawser or other thing belonging to the 1government 6jj for regulating the use of piers, jetties, landing places, wharves, quays, warehouses and sheds when belonging to the government jja for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the government 7k for licensing and regulating catamarans plying for hire, and flats and cargo, passenger and other boats plying, whether for hire or not, and whether regularly or only occasionally, in or partly within and partly without any such port, and for licensing and regulating the crews of any such vessels and for determining the quantity of cargo or number of passengers or of the crew to be carried by any such vessels and the conditions under which such vessels shall be compelled to ply for hire, and further for the conditions under which any licence may be revoked kk for providing for the fees payable in respect of the services specified in clause k for any port, other than a major port l for regulating the use of fires and lights within any such port m for enforcing and regultaing the use of signals or signallights by vessels by day or by night in any such port n for regulating the number of the crew which must be on board any vessel afloat within the limits of any such port o for regulating the employment of persons engaged in cleaning or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port 2p 3 for the prevention of danger arising to the public health by the introduction and the spread of any infectious or contagious disease from vessels arriving at, or being in, any such port, and for the prevention of the conveyance of infection or contagion by means of any vessel sailing from any such port, and in particular and without prejudice to the generality of this provision, for i the signals to be hoisted and the places of anchorage to be taken up by such vessels having any case, or suspected case, of any infectious or contagious disease on board, or arriving at such port from a port in which, or in the neighbourhood of which, there is believed to be, or to have been at the time when the vessel left such port, any infectious or contagious disease ii the medical inspection of such vessels and of persons on board such vessels iii the questions to be answered and the information to be supplied by masters, pilots and other persons on board such vessels iv the detention of such vessels and of persons on board such vessels v the duties to be performed in cases of any such disease by masters, pilots and other persons on board such vessels vi the removal to hospital or other place approved by the healthofficer and the detention therein of any person from any such vessel who is suffering or suspected to be suffering from any such disease vii the cleansing, ventilation and disinfection of such vessels or any part thereof and of any articles therein likely to retain infection or contagion, and the destruction of rats or other vermin in such vessels viii the disposal of the dead on such vessels and q for securing the protection from heat of the officers and crew of vessels in any such port by requiring the owner or master of any such vessel i to provide curtains and double awnings for screening from the suns rays such portions of the deck as are occupied by, or are situated immediately above, the quarters of the officers and crew ii to erect windsails so far as the existing portholes or apertures in the deck admit of their being used for ventilating the quarters of the officers and. crew iii when the deck is made of iron and not woodsheathed, to cover with wooden planks or other suitable nonconducting material such portions of the deck as are situated immediately above the quarters of the officers and crew iv when the quarters used by the crew and the galley are separated by an iron bulkhead only, to furnish a temporary screen of some suitable nonconducting material between such quarters and the galley. 10 2 the power to make rules under subsection 1 11 is subject to the condition of the rules being made after previous publication: provided that nothing in this subsection shall be construed to affect the validity of any rule in force immediately before the commencement of the indian ports act, 10 of and continued by section 2, subsection 2, of that act. 122a every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 2b every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 3 if any person disobeys any rule made under clause p of subsection 1, he shall be punishable for every such offence with fine which may extend to one thousand rupees. 4 if a master fails wholly or in part to do any act prescribed by any rule made under clause p of subsection 1, the healthofficer shall cause such act to be done, and the reasonable expenses incurred in doing such act shall be recoverable by him from such master. 1. subs. by the a.o. , for local government. 2. ins. by act 39 of , s. 2. 3. ins. by act 9 of , s. 2. 4. ins. by act 15 of , s. 3 w.e.f. . 5. subs. by the a.o. , for crown which had been subs. by the a.o. , for government. 6. subs. by act 15 of , s. 3, for clause jj w.e.f. . 7. subs. by act 15 of , s. 3, for clause k w.e.f. . 8. subs. by act 4 of , s. 2, for clause p. 9. certain words omitted by the a.o. . 10. subsection 1a omitted by act 26 of , s. 8.earlier inserted by act 15 of , s. 2 11. the words, brackets, figure and letter and subsection ia omitted by act 26 of , s. 8. earlier inserted by act 15 of , s. 2. 12. ins. by act 20 of , s. 2 and schedule w.e.f. .

section 14. of the indian ports act : 11 if any vessel is wrecked, stranded or sunk in any port in such a manner as to impede or likely to impede any navigation thereof, the conservator shall give notice to the owner of the vessel to raise, remove or destroy the vessel within such period as may be specified in the notice and to furnish such adequate security to the satisfaction of the conservator to ensure that the vessel shall be raised, removed or destroyed within the said period: provided that the conservator may extend such period to such further period as he may consider necessary having regard to the circumstances of such case and the extent of its impediment to navigation. 1a where the owner of any vessel to whom a notice has been issued under subsection 1 fails to raise, remove or destroy such vessel within the period specified in the notice or the extended period or fails to furnish the security required of him, the conservator may cause the vessel to be raised, removed or destroyed. 1b notwithstanding anything contained in the foregoing subsections, if the conservator is of the opinion that any vessel which is wrecked, stranded or sunk in any port is required to be immediately raised, removed or destroyed for the purpose of uninterrupted navigation in such port, he may, without giving any notice under subsection 1, cause the vessel to be raised, removed or destroyed. 2 if any property recovered by a conservator acting 2under subsection 1a or subsection 1b is unclaimed or the person claiming it fails to pay the reasonable expenses incurred by the conservator under that subsection and a further sum of twenty per cent. of the amount of such expenses, the conservator may sell the property by public auction, if the property is of a perishable nature, forthwith, and, if it is not of a perishable nat ure, at any time not less than 3thirty days after the recovery thereof. 3 the expenses and further sum aforesaid shall be payable to the conservator out of the saleproceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall be held in deposit for payment, without interest, to any person thereafter establishing his right thereto: provided that the person makes his claim within three years from the date of the sale. 44 where the sale proceeds of the property are not sufficient to meet the expenses and further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the conservator on demand, and if the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in subsection 2 of section 57 for recovery of expenses and damages or in any other manner according as the deficiency does not or does exceed one thousand rupees. 1. subs. by act 23 of , s. 3, for subsection 1 w.e.f. . 2. subs. by s. 3, ibid., for under subsection 1 w.e.f. . 3. subs. by s. 3, ibid., for two months w.e.f. . 4. ins. by act 55 of , s. 2.

section 5. of the indian ports act : 1 the 1government may, 2 subject to any rights of private property, alter the limits of any port in which this act is in force. 3explanation.for the removal of doubts, it is hereby declared that the power coffered on the government by this subsection includes the power to alter the limits of any port by uniting with that port any other port or any part of any other port. 2 when the 4government alters the limits of a port under subsection 1, it shall declare or describe, by notification in the official gazette, and by such other means, if any, as it thinks fit, the precise extent of such limits. 1. subs. by the a.o. , for local government. 2. the words with the previous sanction of the governor general in council and omitted by act 6 of , s. 3. 3. ins. by act 17 of , s. 2. 4. subs. by the a.o. , for local government.

section 16. of the indian ports act : 1 for the purpose of preventing or extinguishing fire in any port subject to this act, the conservator or portofficer may require the master of any vessel within the port to place at his disposal such number as he requires, not exceeding threefourths, of the crew then under the order of such master. 2 any master refusing or neglecting to comply with such requisition shall be punishable with fine which may extend to five hundred rupees, and any seaman then under his orders who, after being directed by the master to obey the orders of the conservator or portofficer for the purpose aforesaid, refuses to obey such orders, shall be punishable with fine which may extend to twentyfive rupees.

section 11. of the indian ports act : if the owner of any such timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the official gazette or in such other manner as the 1government by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same and, if no such person appears, shall cause the same to be kept and deposited in such manner as the 1government directs and may, if necessary, from time to time, realise the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold. 1. subs. by the a.o. , for local government.

section 20. of the indian ports act : if any person wilfully and without lawful excuse loosens or removes from her moorings any vessel within any such port without leave or authority from the owner or master of the vessel, he shall, for every such offence, be punishable with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months.

section 13. of the indian ports act : 1 if any vessel hooks or gets foul of any of the buoys or moorings laid down by or by the authority of the 1government in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same. 2 any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees. 1. subs. by the a.o. , for local government.

section 21. of the indian ports act : 1 no ballast or rubbish, and no other thing likely to form a bank or shoal or to be detrimental to navigation, shall, without lawful excuse, be cast or thrown into any such port or into or upon any place on shore from which the same is liable to be washed into any such port, either by ordinary or high tides, or by storms or landfloods 2and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under clause ee of subsection 1 of section 6 apply, otherwise than in accordance with such rules. 2 any person who by himself or another so casts or throws any ballast or rubbish or any such other thing 2or so discharges any oil or water mixed with oil, and the master of any vessel from which the same is so cast, 3thrown or discharged, shall be punishable with fine which may extend to 4five lakh rupees, and shall pay any reasonable expenses which may be incurred in removing the same. 3 if, after receiving notice from the conservator of the port to desist from so casting or throwing any ballast or rubbish or such other thing 2or from so discharging any oil or water mixed with oil, any master continues so to cast, 5throw or discharge the same, he shall also be liable to simple imprisonment for a term which may extend to 6one year and to fine which may extend to five lakh rupees. 4 nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into 7or the oil or water mixed with oil is discharged in or into any such port with the consent in writing of the conservator, or within any limits within which such act may be authorised by the 1government. 1. subs. by the a.o. , for local government. 2. ins. by act 39 of , s. 3. 3. subs. by s. 3, ibid., for or thrown. 4. subs. by act 23 of , s. 4, for five hundred rupees w.e.f. . 5. subs. by act 39 of , s. 3, for or throw it. 6. subs. by act 23 of , s. 4, for two months w.e.f. . 7. ins. by act 39 of , s. 3.

section 15. of the indian ports act : 1 the conservator or any of his assistants may, whenever he suspects that any offence against this act has been, or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this act, and the person appointed under this act to receive any port dues, fees or other charges payable in respect of any vessel, may, whenever it is necessary for him so to do in the performance of any duty imposed upon him by this act, either alone or with any other person, board any vessel, or enter any building or place, within the limits of any port subject to this act. 2 if the master of the vessel, or any person in possession or occupation of the building or place, without lawful excuse, refuses to allow any such person as is mentioned in subsection 1 to board or enter such vessel, building or place in the performance of any duty imposed upon him by this act, he shall for every such offence be punishable with fine which may extend to two hundred rupees.

section 22. of the indian ports act : if any person graves, breams or smokes any vessel in any such port, contrary to the directions of the conservator, or at any time or within any limits at or within which such act is prohibited by the 1government, he and the master of the vessel shall for every such offence be punishable with fine which may extend to five hundred rupees each. 1. subs. by the a.o. , for local government.

section 18. of the indian ports act : the government shall not be responsible for any act or default of any conservator, portofficer or harbourmaster, of any port subject to this act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the government which may be used by the vessel: provided that nothing in this section shall protect 1the government from a suit in respect of any act done by or under the express order or sanction of the government. 1. the words the secretary of state for india in council successively subs. by the a.o. and the a.o. , to read as above.

section 17. of the indian ports act : 1 the 1government may appoint at any port subject to this act an officer to be called the healthofficer. 2 a healthofficer shall, subject to the control of the 1government, have the following powers, within the limits of the port for which he is appointed, namely: a with respect to any vessel, the powers conferred on a shippingmaster by the indian merchant shipping act, 1 of , section 71 b power to enter on board any vessel and medically examine all or any of the seamen or apprentices on board the vessel c power to require and enforce the production of the logbook and any other books, papers or documents which he thinks necessary for the purpose of enquiring into the health and medical condition of the persons on board the vessel d power to call before him and question for any such purpose all or any of those persons and to require true answers to any questions which he thinks fit to ask e power to require any person so questioned to make and subscribe a declaration of the truth of the statements made by him. 1. subs. by the a.o. , for local government. 2. see now the merchant shipping act, 44 of .

section 24. of the indian ports act : if any person, by an unprotected artificial light, draws off spirits on board any vessel within any port subject to this act, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each.

section 19. of the indian ports act : 1 no person shall, without lawful excuse, lift, injure, loosen or set adrift any buoy, beacon or mooring fixed or laid down by, or by the authority of, the 1government, in any port subject to this act. 2 if any person offends against the provisions of this section, he shall for every such offence be laible, in addition to the payment of the amount of damage done, to fine which may extend to two thousand rupees, or to imprisonment for a term which may extend to two years. 1. subs. by the a.o. , for local government.

section 26. of the indian ports act : 1 a master of a vessel shall not cause or suffer any warp or hawser attached to his vessel to be left out in any port subject to this act after sunset in such a manner as to endanger the safety of any other vessel navigating in the port. 2 a master offending against subsection 1 shall be punishable for every such offence with fine which may extend to two hundred rupees.

section 23. of the indian ports act : if any person boils or heats any pitch, tar, resin, dammer, turpentine, oil, or other such combustible matter on board any vessel within any such port, or at any place within its limits where such act is prohibited by the 1government, or contrary to the directions of the conservator, he and the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees each. 1. subs. by the a.o. , for local government.

section 30. of the indian ports act : 1 no person without the permission of the conservator shall in any port subject to this act remove or carry away any rock, stones, shingle, gravel, sand or soil or any artificial protection from any part of the bank or shore of the port and no person shall sink or bury in any part of such bank or shore, whether the same is public or private property, any mooringpost, anchor or any other thing, or do any other thing which is likely to injure or to be used so as to injure such bank or shore, except with the permission of the conservator, and with the aid or under the inspection of such person, if any, as the conservator may appoint to take part in or overlook the performance of such work. 2 if any person offends against subsection 1, he shall for every such offence be punishable with fine which may extend to one hundred rupees and shall pay any reasonable expenses which may be incurred in repairing any injury done by him to the bank or shore.

section 25. of the indian ports act : 1 every master of a vessel in any port subject to this act shall, when required so to do by the conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until required so to do. 2 a master offending against subsection 1 shall be punishable for every such offence with fine which may extend to two hundred rupees.

section 33. of the indian ports act : 1 1subject to the, provisions of subsection 2, in each of the ports mentioned in the first schedule 2other than a major port such portdue, not exceeding the amount specified for the port in the third column of the schedule as the 3government, directs, shall be levied on vessels entering the port and described in the second column of the schedule, but not oftener than the time fixed for the port in the fourth column of the schedule. 12 the 3government may, by notification in the official gazette, alter or add to any entry in the first schedule relating to ports 4in 5any state or, as the case may be, in the state, and this power shall include the power to regroup any such ports: 6 73 whenever the 1government, 8 declares any other port 2other than a major port to be subject to this act, it may, 9 by the same or any subsequent declaration, further declare, a in the terms of any of the entries in the second column of the first schedule the vessels which are to be chargeable with portdues on entering the port, b the highest rates at which such dues may be levied in respect of vessels chargeable therewith, and c the times at which such vessels are to be so chargeable. 10 74 all portdues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section. 75 an order increasing or imposing portdues under this section shall not take effect till the expiration of 11thirty days from the day on which the order was published in the official gazette. 1. ins. by act 6 of , s. 6. 2. ins. by act 15 by , s. 4 w.e.f. . 3. subs. by the a.o. , for local government. 4. subs., ibid., for within its own province. 5. the words british india successively subs. by the a.o. and the a.o. to read as above. 6. proviso omitted by the a.o. . 7. subsections 2, 3 and 4 renumbered as subsections 3, 4 and 5 respectively by act 6 of , s. 6. 8. certain words omitted by act 6 of , s. 6. 9. the words with the like sanction omitted by s. 6, ibid. 10. the proviso ins. by s. 6, ibid. earlier omitted by the a.o. . 11. subs. by act 23 of , s. 5, for sixty days w.e.f. .

section 27. of the indian ports act : if any person, without lawful excuse, discharges any firearm in any port subject to this act, or on or from any pier, landing place, warp or quay thereof, except a gun loaded only with gunpowder for the purpose of making a signal of distress, or for such other purpose as may be allowed by the 1government, he shall for every such offence be punishable with fine which may extend to fifty rupees. 1. subs. by the a.o. , for local government.

section 28. of the indian ports act : if the master of any vessel in which fire takes place while lying in any such port wilfully omits to take order to extinguish the fire or obstructs the conservator or the portofficer, or any person acting under the authority of the conservator or portofficer, in extinguishing or attempting to extinguish the fire, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both.

section 29. of the indian ports act : 1 no person, without the permission of the conservator, shall, in any port subject to this act, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein. 2 if any person offends against the provisions of subsection 1, he shall be punishable with fine which may extend to one hundred rupees.

section 35. of the indian ports act : 1 within any port subject to this act 1not being a major port, fees may be charged for pilotage, hauling mooring, remooring, hooking, measuring and other services rendered to vessels, at such rates as the 2government, may direct: 3 2 the fees now chargeable for such services shall continue to be chargeable unless and until they are altered in exercise of the power conferred by subsection 1. 43 the government may, in special cases, remit the whole or any portion of the fees chargeable under subsection 1 or subsection 2. 1. ins. by act 15 of , s. 6 w.e.f. . 2. subs. by the a.o. , for local government. 3. the original proviso was omitted by act 6 of , s. 8, and the proviso ins. by act 11 of , s. 3, omitted by the a.o. . 4. ins. by act 35 of , s. 190.

section 31. of the indian ports act : 1 no vessel of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbourmaster or assistant of the portofficer or harbourmaster on board 1and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less than two hundred tons and exceeding one hundred tons shall enter, leave or be moved in any such port without having a pilot, harbourmaster or assistant of the portofficer or harbourmaster on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority. 2provided that the 3government may, by notification in the official gazette, direct that in any port specified in such notification the provisions of this subsection shall not apply to sailing vessels of any measurement not exceeding a measurement so specified. 42 notwithstanding anything in subsection 1, the owner or master of a vessel which is by that subsection required to have a pilot, harbourmaster or assistant of the portofficer or harbourmaster on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel, in the same manner as he would have been if he had not been so required by that subsection: provided that the provisions of this subsection shall not take effect till the first day of january, , or such earlier date as the central government may notify in that behalf in the official gazette. 53 if any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of subsection 1, the master of the vessel shall for every such offence be punishable with fine which may extend to two hundred rupees, unless upon application to the proper officer the master was unable to procure a pilot, harbourmaster or assistant of the portofficer or harbourmaster to go on board the vessel. 6 1. subs. by act 55 of , s. 3, for certain words. 2. ins. by act 36 of , s. 2. 3. subs. by the a.o. , for governorgeneral in council. 4. ins. by act 6 of , s. 5. 5. subsections 2, 3 and 4 renumbered as subsections 3, 4 and 5 respectively by s. 5, ibid. 6. subsections 4 and 5, as renumbered by act 6 of , s. 5, omitted by act 36 of , s. 2.

section 32. of the indian ports act : 1 every vessel exceeding the measurement of two hundred tons and lying in any port to which this section has been specially extended shall be provided with a proper force pump and hose and appurtenances, for the purpose of extinguishing any fire which may occur on board. 2 the master of such a vessel who, having been required by the conservator to comply with the provisions of subsection 1, neglects or rufuses, without lawful excuse, so to do for the space of seven days after such requisition, shall be punishable with fine which may extend to five hundred rupees.

section 34. of the indian ports act : 134. variation of port dues by government.the government may after consulting, a in case of ports other than major ports, the authority appointed under section 36 b in case of major ports, the authority constituted under section 47a of the major port trusts act, 38 of , exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this act from payment of portdues and cancel the exemption, or may vary the rates at which port dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liability to pay portdues: provided that the rates shall not in any case exceed the amount authorized to be taken by or under this act. 1. subs. by act 15 of , s. 5, for s. 34 w.e.f. .

section 36. of the indian ports act : 1 the 1government shall appoint some officer or body of persons at every port at which any dues, fees or other charges are authorised to be taken by or under this act to receive the same and, subject to the control of the 1government, to expend the receipts on any of the objects authorised by this act. 2 such officer or body shall keep for the port a distinct account, to be called the port fund account, showing, in such detail as the 1government prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of april as may be practicable an abstract, in such form as 2the government prescribes, of the account for the past financial year: 3provided that the port fund account for any port may, if so authorised under the provisions of any act relating to such port, be merged with the general account of that port, and in such a case, the provisions of subsection 6 shall not apply and the provisions of subsections 4 and 5 shall have effect as if for the words the port fund account of the port therein, the words the general account of the port had been substituted. 4 4 all money received under this act at or on account of any port subject to this act, excluding receipts on account of pilotage but including 5a fines other than those creditable to the pilotage. account of the port under subsection 5a, b proceeds of waifs, and c any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be credited in the port fund account of the port. 5 all expenses incurred for the sake of any such port, excluding expenses on account of pilotage but including a the pay and allowances of all persons upon the establishment of the port, b the cost of buoys, becons, lights and all other works maintained chiefly for the benefit of vessels being in or entering or leaving the port or passing through the rivers or channels leading thereto, c pensions, allowances and gratuities of persons who have been employed in the port under this or any other enactment relating to ports and port dues, or such portion of those pensions, allowances and gratuities as the 6government may by rule determine. d with the previous sanction of the 6government, contributions towards the support of public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards the provision of sanitary superinendence and medical aid for the shipping in the port and for seamen whether ashore or afloat, belonging to vessels in the port, and e with the like sanction, contributions towards sailors homes, institutes, resthouses and coffeehouses and for other purposes connected with the health, recreation and temporal wellbeing of sailors, shall be charged to the port fund account of the port. 75a all fees charged for pilotage at any port subject to this act 8other than a major port and all fines and penalties levied under the act or under any other act relating to the port from pilots or other persons employed in the pilot service other than fines and penalties imposed by a court, shall be credited to a distinct account to be called the pilotage account of the port. 5b all sums so credited to the pilotage account may be applied, in such proportions as the government may from time to time direct, to the following purposes, namely: a the purchase and maintenance in repair of such vessels, and the supply of such materials, stores or other things as the officer or body appointed under subsection 1 may deem it necessary to purchase, maintain or supply for the efficiency of the pilot service b the payment of the salaries, wages and allowances of pilots and other persons employed in the pilot service or in the supervision thereof: c the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be made in their behalf to any provident fund or welfare fund d the payment of pensions, gratuities and compassionate allowances granted by the officer or body appointed under subsection 1 to pilots and other persons engaged in the pilot service who have been injured in the execution of their duty and to the surviving relatives of pilots and other persons so engaged who have been killed in the execution of their duty or who may die while still in the service of such officer or body e the provision of educational, recreational and other amenities for pilots and other persons employed in the pilot service f the payment of contributions or appropriations to any special fund or funds established under the provisions of any other act relating to the port to which the officer or body appointed under subsection 1 considers contributions or appropriations should be made from the pilotage account g any other expenditure which may, with the previous sanction of the government, be incurred in respect of the pilot service. 5c if the officer or body appointed under subsection 1 at any port is also the authority responsible for maintaining the general account of the port, then notwithstanding the absence of any provision in that behalf in the act under which such general account is maintained, such officer or body may, with the previous sanction of the government, apply any sum out of the moneys credited to such general account towards meeting deficits, if any, in the pilotage account of the port, or transfer the whole or any part of any surplus funds, in the pilotage account to the general account of the port. 6 subject to the provisions of any local law as to the disposal of any balance from time to time standing to the credit of a port fund account 9or of a pilotage account, any such balance may be temporarily invested in such manner as the 10government, may direct. 1. subs. by the a.o. , for local government. 2. subs. by the a.o. , for that government. 3. ins. by act 35 of , s. 191. 4 subsection 3 omitted by act 6 of , s. 9. 5. subs. by act 35 of , s. 191, for cl. a. 6. subs. by the a.o. , for local government. 7. ins. by act 35 of , 8. 191. 8. ins. by act 23 of , s. 6 9. ins. by act 35 of , s. 191. 10. subs. by the a.o. , for local government.

section 37. of the indian ports act : 1 the state government may direct that for the purposes of the last foregoing section any number of ports 1in the state not being major ports shall be regarded as constituting a single port, and thereupon all moneys to be credited to the port fund account under subsection 4 of that section shall form a common port fund account which shall be available for the payment of all expenses incurred for the sake of any of the ports: 2 2 where ports are grouped by or under this act, the following consequences ensue, namely: a the state government, in the exercise of its control over expenditure debitable to the common port fund account of the group, may, 3 make rules with respect to the expenditure of the fund for the sake of the several ports of the group on the objects authorised by this act 3 and b by the state government may exercise its authority under section 34 as regards all the ports in the group collective by or as regards any of them separately 1. ins., ibid. 2. the proviso omitted, ibid. 3. certain words omitted, ibid.

section 43. of the indian ports act : the officer of government whose duty it is to grant a portclearance for any vessel shall not grant such clearance a until her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all portdues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this act, b until all expenses, which by the merchant shiping act, 57 58 vict., c. 60., section 207, are to be borne by her owner incurred since her arrival in the port from which he seeks clearance, have been paid.

section 38. of the indian ports act : the person to whom any dues, fees or other charges authorized to be taken by or under this act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made.

section 39. of the indian ports act : 1 within twentyfour hours after the arrival within the limits of any port subject to this act of any vessel liable to the payment of portdues under this act, the master of the vessel shall report her arrival to the conservator of the port. 2 a master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred rupees. 3 nothing in this section applies to tugsteamers, ferry steamers or river steamers plying to and from any of the ports subject this act.1 1. certain words omitted by the a.o. .

section 44. of the indian ports act : 1 if the master of any vessel in respect of which any such sum as is mentioned in the last foregoing section is payable causes her to leave any port without having paid the sum, the authority appointed to receive portdues, fees and other charges at the port under this act may require in writing the authority appointed to receive portdues, fees and other charges under this act at any other port in 1india to which she may proceed, or in which she may be, to levy the sum. 2 the authority to whom the requisition is directed shall proceed to levy such sum in the manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to receive portdues, fees and other charges at the port where such sum as is mentioned in the last foregoing section became payable, statingthe amount payable, shall be sufficient prima facie proof of such amount in any proceeding under section 42 and also in case the amount payable is disputed in any subsequent proceeding under section 59. 1. the words british india successively amended by the a.o. , the a.o. and act 3 of , s. 3 and schedule to read as above.

section 40. of the indian ports act : if any vessel liable to the payment of portdues is in any such port without proper marks on the stem and stern posts thereof for denoting her draught, the conservator may cause the same to be ascertained by means of the operation of hooking, and the master of the vessel shall be liable to pay the expenses of the operation.

section 46. of the indian ports act : a vessel entering any port 1not being a major port subject to this act 2 in ballast and not carrying passengers shall be charged with a portdue at a rate to be determined by the 3government and not exceeding threefourths of the rate with which she would otherwise be chargeable. 1. ins. by act 15 of , s. 7 w.e.f. . 2. certain words omitted by the a.o. . 3. subs., ibid., for local government.

section 41. of the indian ports act : in order to ascertain the tonnage of any vessel liable to pay portdues the following rules shall be observed, namely: 1 a if the vessel is a british registered vessel or a vessel registered under the indian registration of ships act, 10 of , or the indian registration of ships act, amendment act, 11 of , or under any other law for the time being in force for the registration of vessels in 1india, the conservator may require the owner or master of the vessel or any person having possession of her register to produce the register for inspection. b if the owner or master or such person neglects or refuses to produce the register or otherwise to satisfy the conservator as to what is the true tonnage of the vessel in respect of which the portdues are payable, he shall be punishable with fine which may extend to one hundred rupees, and the conservator may cause the vessel to be measured, and the tonnage thereof to be ascertained, according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of british vessels, and in such case the owner or master of the vessel shall also be liable to pay the expenses of the measurement. 2 if the vessel is not a british registered vessel or a vessel registered under the indian registration of ships act, 10 of , or the indian registration of ships act amendment act, 11 of , or under any other law for the time being in force for the registration of vessels in 2india, and the owner or master thereof fails to satisfy the conservator as to what is her true tonnage according to the mode of measurement prescribed by the rules for the time being in force for regulating the measurement of british vessels, the conservator shall cause the vessel to be measured and the tonnage thereof to be ascertained, according to the mode aforesaid, and in such case the owner or master of the vessel shall be liable to pay the expenses of the measurement. 3 if the vessel is a vessel of which the tonnage cannot be ascertained according to the mode of measurement mentioned in clauses 1 and 2, the tonnage of the vessel shall be determined by the conservator on such an estimate as may seem to him to be just. 1. the words british india successively amended by the a.o. , the a.o. and act 3 of , s. 3 and sch., to read as above. 2. the words british india successively amended by the a.o. , the a.o. and act 3 of , s. 3 and sch., to read as above.

section 42. of the indian ports act : if the master of any vessel in respect of which any portdues, fees or other charges are payable under this act, refuses or neglects to pay the same on demand, the authority appointed to receive such portdues, fees or other charges may distrain or arrest the vessel, and the tackle, apparel and furniture belonging thereto or any part thereof, and detain the same until the amount due is paid and in case any part of the portdues, fees or other charges or of the costs of the distress or arrest or of the keeping of the vessel or other thing distrained or arrested remains unpaid for the space of five days next after any such distress or arrest, may cause the vessel or other thing distrained or arrested to be sold, and with the proceeds of such sale may satisfy the portdues, fees or other charges and the costs including the costs of the remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand. 1provided that where such vessel or other thing is already arrested under the order of a court or other authority, the authority appointed to receive portdues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the portdues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders or directions of such court or other authority: provided further that the person to whom the vessel or other thing is sold under this section shall be deemed to be the owner thereof and registered as such under the merchant shipping act, . 1. the proviso inserted by act 23 of , s. 7 w.e.f. .

section 49. of the indian ports act : 1 the 1central government may, by notification in the official gazette, order that there shall be paid in respect of every vessel entering any port subject to this act, within a reasonable distance of which there is a public hospital or dispensary suitable for the reception or relief of seamen requiring medical aid, such further portdues not exceeding one anna per ton as the 2central government thinks fit. 2 such portdues shall be called hospital portdues, and the 2central government shall, in making any order under subsection 1, have regard to any contributions made under section 36, subsection 5, clause d. 3 an order imposing or increasing hospital portdues shall not take effect till the expiration of sixty days from the day on which the order was published in the official gazette. 4 whenever the 2central government is satisfied that proper provision has been made by the owners or agents of any class of vessels for giving medical aid to the seamen employed on board such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may, by notification in the official gazette, exempt such class of vessels from any payment under this section. 1. subs., ibid., for local government. 2. subs. by the a.o. , for local government.

section 45. of the indian ports act : 1 if the master of a vessel evades the payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may extend to five times the amount of the sum. 2 in any proceeding before a magistrate on a prosecution under subsection 1, any such certificate as is mentioned in section 44, subsection 2, stating that the master has evaded such payment, shall be sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. 3 any magistrate having jurisdiction under this act in any port to which the vessel may proceed, or in which she may he found, shall be deemed to have jurisdiction in any proceeding under this section.

section 47. of the indian ports act : when a vessel enters a port 2not being a major port subject to this act, but does not discharge or take in any cargo or passengers therein with the exception of such unshipment and reshipment as may be necessary for purposes of repair, she shall be charged with a portdue at a rate to be determined by the 1government and not exceeding half the rate with which she would otherwise be chargeable. 1. subs., ibid., for local government. 2. ins. by act 15 of , s. 8 w.e.f. .

section 48. of the indian ports act : no portdue shall be chargeable in respect of a any pleasure yacht, or b any vessel which, having left any port, is compelled to re enter it by stress of whether or in consequence of having sustained any damage, or c any vessel which, having entered 1any port 2in the territories which, immediately before the 1st november, , were comprised in the states of madras and andhra or the port of gopalpur in the state of orissa, leaves it within fortyeight hours without discharge or taking in any passengers or cargo. 1. subs. by act 35 of , s. 3 and second schedule, for certain words. 2. subs. by the a.o. no. 2, , for in the state of madras or in the state of andhra. the words in italics were ins. by the andhra adaptation of laws on union subjects order, w.e.f.

section 55. of the indian ports act : all offences against this act shall be triable by a magistrate, and any magistrate may, by warrant under his hand, cause the amount of any fine imposed upon the owner or master of any vessel, for any offence committed on board of the vessel or in the management thereof or otherwise in relation thereto, whereof the owner or master is convicted, to be levied by distress and sale of the vessel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary.

section 50. of the indian ports act : 1 hospital portdues shall be applied, as the 1central government may direct, to the support of any such hospital or dispensary as aforesaid, or otherwise for providing sanitary superintendence and medical aid for the shipping in the port in which they are levied and for the seamen belonging to the vessels therein, whether such seamen arc ashore or afloat. 2 the 1central government shall publish annually in the official gazette, as soon after the first day of april as may be, an account, for the past financial year, of the sums received as hospital portdues at each port where such dues arc payable, and of the expenditure charged against those receipts. 3 such account shall be published as a supplement to the abstract published under section 36, subsection 2. 1. subs. by the a.o. , for local government

section 51. of the indian ports act : 1 the master of every inward or outward bound vessel, on arriving within signal distance of any signalstation established within the limits of the river hooghly, or within the limits of any part of a river or channel leading to a port subject to this act, shall, on the requisition of the pilot in charge of the vessel, signify the name of the vessel by hoisting the number by which she is known, or by adopting such other means to t his end as may be practicable and usual, and shall keep the signal flying until it is answered from the signalstation. 2 if the master of a vessel arriving as aforesaid offends against subsection 1, he shall be punishable for every such offence with fine which may extend to one thousand rupees.

section 52. of the indian ports act : 1 every pilot in charge of a vessel shall require the number of the vessel to be duly signalled as provided by the last foregoing section. 2 when, on such requisition from the pilot, the master refuses to hoist the number of a vessel, or to adopt such other means of making her name known as may be practicable and usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse to proceed on his course until the requisition has been complied with.

section 57. of the indian ports act : 1 if any dispute arises as to the sum to be paid in any case as expenses or damages under this act, it shall be determined by a magistrate upon application made to him for that purpose by either of the disputing parties. 2 whenever any person is liable to pay any sum, not exceeding one thousand rupees, as expenses or damages under this act, any magistrate, upon application made to him by the authority to whom the sum is payable, may, in addition to or instead of any other means for enforcing payment, recover the sum as if it were a fine.

section 53. of the indian ports act : any pilot incharge of a vessel who disobeys, or abets disobedience to, any of the provisions of this chapter, shall be punishable with fine which may extend to five hundred rupees for each instance of such disobedience or abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn.

section 54. of the indian ports act : if any person disobeys any rule or order which a 1government has made in pursuance of this act and for the punishment of disobedience to which express provision has not been made elsewhere in this act, he shall be punishable for every such offence with fine which may extend to one hundred rupees. 1. subs. by the a.o. , for local government.

section 62. of the indian ports act : 1 if any vessel belonging to 1any citizen of india or commonwealth citizen or sailing under 2indian or british colours, hoists, carries or wears, within the limits of any port subject to this act, any flag, jack, pennant or colours, the use whereof on board such vessel has been prohibited by the merchant shipping act, 57 58 viet., c. 60 or any other statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such statute, or by any of 3the regulations in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine .which may extend to fifty rupees. 2 such fine shall be in addition to any other penalty recoverable in respect of such an offence. 3 the conservator of the port, or any officer of 4the indian navy, may enter on board any such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn on board the same. 1. subs. by the a.o. , for any of his majestys subjects. 2. subs., ibid., for british colors. 3. subs., ibid., for his majestys regulations. 4. subs. by the a.o. , for his majestys navy or the royal indian navy.

section 56. of the indian ports act : 1 in case of any conviction under this act, the convicting magistrate may order the offender to pay the costs of the conviction in addition to any fine or expenses to which he may be liable. 2 such costs may be assessed by the magistrate and may be recovered in the same manner as any fine under this act.

section 59. of the indian ports act : if any dispute arises concerning the amount leviable by any distress or arrest under this act or .the costs payable under the last foregoing section, the person making the distress or using the arrest may detain the goods distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has been determined by a magistrate, who, upon application made to him for that purpose, may determine the amount, and award such costs to be paid by either of the parties to the other of them as he thinks reasonable, and payment of such costs, if not paid on demand, shall be enforced as if they were a fine.

section 63. of the indian ports act : any magistrate, upon an application being made to him by the consul of any foreign power to which section 238 of the merchant shipping act, 57 58 vict., c. 60 has, by an order in council 1or order, been, or shall hereafter be, declared to be applicable, or by the representative of such consul, and upon complaint on oath of the desertion of any seaman. not being a slave, from any vessel of such foreign power, may, until a revocation of such order in council 1or order has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs or, at the instance of the consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month: provided that a deposit be first made of such sum as the magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks. 1. ins., ibid.

section 58. of the indian ports act : whenever any fine, expenses or damages is or are levied under this act, by distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses or damages, and in the same manner.

section 60. of the indian ports act : 1 any person offending against the provisions of this act in any port subject to this act shall be punishable by any magistrate having jurisdiction over any district .or place adjoining the port. 2 such magistrate may exercise all the powers of a magistrate under this act, in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits, and, in case any such magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.

section 61. of the indian ports act : 1 no conviction, order or judgment of any magistrate under this act shall be quashed for error of form or procedure, but only on the merits, and it shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it proceeds. 2 if no jurisdiction appears on the face of the conviction, order or judgment, but the depositions taken supply that defect, the conviction, order or judgment shall be aided by what so appears in the depositions.

section 68c. of the indian ports act : 168c. application of certain provisions of the act to aircraft.1 the provisions of sections 6, 13 to 16 both inclusive, 18, 21 and 28, subsection 2 of section 31 and sections 33, 34, 35, 39, 42 to 48 both inclusive and 55 shall apply in relation to all aircraft making use of any port subject to this act, while on water as they apply in relation to vessels. 2 no such aircraft shall enter or leave any port subject to this act, except with the permission granted by the conservator of the port or by such other officer as may be authorized in this behalf by the conservator. 1. ins. by act 35 of , s. 192.

section 64. of the indian ports act : 1 the provisions of sections 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the 1government to be ports for the shipment and landing of goods but not otherwise subject to this act, and may be enforced by any magistrate to whose ordinary jurisdiction any such port is subject. 2 any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57. 3 in any of the said ports for the shipment and landing of goods the consent referred to in section 21, subsection 4, may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the 1government. 1. subs. by the a.o. , for local government.

section 65. of the indian ports act : any local authority in which any immovable property in or near a port is vested may, 1with the previous sanction, in the case of cantonment authority or the port authority of a major port, of the central government, and in other cases, of the state government, appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors home or other institution for the health, recreation and temporal wellbeing of sailors. 1. subs., ibid., for with the previous sanction of the local government.

section 66. of the indian ports act : 1 all acts, orders or directions by this act authorized to be done or given by any conservator may, subject to his control, be done or given by any harbourmaster, or any deputy or assistant of such conservator or harbourmaster. 2 any person authorised by this act to do any act may call to his aid such assistance as may be necessary.

section 67. of the indian ports act : any written notice of direction given under this act, left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous place on board of the vessel, shall, for the purposes of this act, be deemed to have been given to the master thereof.

section 68b. of the indian ports act : 168b. duties of the said authorities in an emergency.whenever the central government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68a on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorise any officer to require the. said authorities to perform such duties until the central government is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely: the central government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regar d to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the central government, and the decision of such person shall be final. 1. ins. by act 6 of , s. 11.

section 68. of the indian ports act : every declaration, order and rule of a 1government made in pursuance of this act shall be published in the official gazette, and a copy thereof shall be kept in the office of the conservator and at the customhouse, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee. 1. subs. by the a.o. , for local government.

section 69.. of the indian ports act : repeal. rep. by the repealing act, 1 of , s. 2 and sch.

section 68a. of the indian ports act : 168a. authorities exercising jurisdiction in ports to cooperate in manoeuvers for defence of port.every authority exercising any powers or jurisdiction in. or relating to, any port to which this act for the time being applies shall, if so required by an officer authorised by general or special order of the central government in this behalf, co operate in such manner, as such officer may direct, in carrying out any manoeuvers in connection with any scheme or preparations for the defence of the said port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such officer the services of any of its staff and the use of any of its vessels, property, equipment or other material: provided, firstly, that if any vessels arc placed at the disposal of such officer in accordance with this section, the central government shall, in respect of the period during which they are so at his disposal, bear the running expenses of such vessels, and be responsible for any damage thereto. explanation.the expression running expenses in this proviso includes all outlay incurred in connection with the use of the vessels other than any charges for their hire, or for the wages of the officers and crews of such vessels: provided, secondly, that any officer making a requisition under this section shall exercise his powers in such a way as to cause as little disturbance to the ordinary business of the port as is compatible with the exigencies of the efficient carrying out of the manoeuvers: provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section. 1. ins. by act 6 of , s. 11.

section 68d. of the indian ports act : 168d. maritime security.a port facility in india shall comply with all the requirements contained in chapter ixb of the merchant shipping act, 44 of or the rules made thereunder so far as they are not inconsistent with the provisions of this act. explanation. for the purposes of this section, the expression port facility shall have the same meaning as assigned to it in part ixb of the merchant shipping act, 44 of . 1. ins. by act 40 of , s. 7.

section 8. of the delhi law act : this act shall be construed with, and deemed to be part of, the delhi laws act, xiii of .

section 1. of the delhi law act : 1 this act may be called the delhi laws act, 2 it shall come into force on the first day of april, .

section 2. of the delhi law act : all enactments except the enactments specified in schedule ii for the lime being in force in the territory specified in schedule a to the delhi laws act, xiii of , and all notifications, orders, schemes, rules, forms and bylaws issued, made or prescribed under such enactments shall be deemed to be in force in the territory specified in schedule i in the same manner and subject to the same modifications as they are for the time being in the territory specified in the said schedule to the said act.

section 7. of the delhi law act : in section 7 of the delhi laws act, xiii of , for the words the territory mentioned in schedule a the words the province of delhi shall be substituted.

section 4. of the delhi law act : for the purpose of facilitating the application to the territory mentioned in schedule i of the enactments referred to in section 3, the powers conferred by sections 4 and 5 of the delhi laws act, xiii of , shall be exercisable in respect thereof.

section 3. of the delhi law act : the enactments specified in schedule iii, and all notifications, orders, schemes, rules, forms and bylaws issued, made or prescribed under those enactments shall continue to be in force in the territory specified in schedule i: provided that in the enactments so continued and in all notifications, orders, schemes, rules, forms and bylaws issued, made or prescribed thereunder, reference to a local government, the lieutenantgovernor of the united provinces of agra and oudh, or the board of revenue for the united provinces shall be read as referring to the chief commissioner of delhi references to a high court or the high court of judicature for the northwestern provinces as referring to the chief court of the punjab and references to the official gazette for the united provinces as referring to the gazette of india.

section 5. of the delhi law act : save as provided in sections 2 and 3 no enactment which is in force in the united provinces of agra and oudh or any part thereof, shall continue to be in force in the territory specified in schedule i.

section 6. of the delhi law act : nothing in this act shall affect any proceeding which at the commencement thereof is pending in respect of any of the territory mentioned in schedule i or of anything arising in such territory and every such proceeding shall be continued as if this act had not been passed: provided that the local government may, by notification in the gazette of india, direct that any proceeding, criminal, civil or revenue, other than a proceeding pending before the high court of judicature for the northwest provinces, shall be transferred to, and disposed of by, the corresponding authority of the delhi province.

section 8., not to invalidate proceedings of the council. of the national council for teacher education act : no act or proceeding of the council shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the council or b any defect in the appointment of a person acting as a member of the council or c any irregularity in the procedure of the council not affecting the merits of the case.

section 1. of the national council for teacher education act : show related subordinates 1 this act may be called the national council for teacher education act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 34 save as otherwise provided in this act, the provisions of this act shall apply to a institutions b students and teachers of the institutions c schools imparting preprimary, primary, upper primary, secondary or senior secondary education and colleges providing senior secondary or intermediate education irrespective of the fact, by whatever names they may be called and d teachers for schools and colleges referred to in clause c. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 1st july, , vide notification no. s.o. 620e, dated 1st july, , see gazette of india, extraordinary, part ii, sec. 3ii. 3. ins. by act 18 of , s. 3 w.e.f. .

section 2. of the national council for teacher education act : in this act, unless the context otherwise requires, a appointed day means the date of establishment of the national council for teacher education under subsection 1 of section 3 b chairperson means the chairperson of the council appointed under clause a of subsection 4 of section 3 c council means the national council for teacher education established under subsection 1 of section 3 d examining body means a university, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications e institution means an institution which offers courses or training in teacher education 1ea local authority means a municipal corporation, municipal committee, municipal council, zila parishad, district board or nagar panchayat or panchayat, or other authority by whatever name called, legally entitled to, or entrusted by the government with the control or management of a municipal or local fund f member means a member of the council and includes the chairperson and vicechairperson g membersecretary means the membersecretary of the council appointed under clause c of subsection 4 of section 3 h prescribed means prescribed by rules made under section 31 i recognised institution means an institution recognised by the council under section 14 j regional committee means a committee established under section 20 k regulations means regulations made under section 32 2ka school means any recognised school imparting preprimary, primary, upper primary, secondary or senior secondary education, or a college imparting senior secondary education, and includes i a school established, owned and controlled by the central government, or the state government or a local authority ii a school receiving aid or grants to meet whole or part of its expenses from the central government, the state government or a local authority iii a school not receiving any aid or grants to meet whole or part of its expenses from the central government, the state government or a local authority l teacher education means programmes of education, research or training of persons for equipping them to teach at preprimary, primary, secondary and senior secondary stages in schools, and includes nonformal education, parttime education, adult education and correspondence education m teacher education qualification means a degree, diploma or certificate in teacher education awarded by a university or examining body in accordance with the provisions of this act n university means a university defined under clause f of section 2 of the university grants commission act, 3 of , and includes an institution deemed to be a university under section 3 of that act o vicechairperson means the vicechairperson of the council appointed under clause b of subsection 4 of section 3. 1 . ins. by s. 4, ibid. w.e.f. . 2 ins. by act 18 of , s. 4 w.e.f. .

section 3. of the national council for teacher education act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a council to be called the national council for teacher education. 2 the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to contract and shall, by the said name, sue and be sued. 3 the head office of the council shall be at delhi and the council may, with the previous approval of the central government, establish regional offices at other places in india. 4 the council shall consist of the following members, namely: a a chairperson to be appointed by the central government b a vicechairperson to be appointed by the central government c a membersecretary to be appointed by the central government d the secretary to the government of india in the department dealing with education, ex officio e the chairman, university grants commission established under section 4 of the university grants commission act, 3 of or a member thereof nominated by him, ex officio f the director, national council of educational research and training, ex officio g the director, national institute of educational planning and administration, ex officio h the adviser education, planning commission, ex officio i the chairman, central board of secondary education, ex officio j the financial adviser to the government of india in the department dealing with education, ex officio k the membersecretary, allindia council for technical education, ex officio l the chairpersons of all regional committees, ex officio m thirteen persons possessing experience and knowledge in the field of education or teaching to be appointed by the central government as under, from amongst the i deans of faculties of education and professors of education in universities four ii experts in secondary teacher education one iii experts in preprimary and primary teacher education three iv experts in nonformal education and adult education two v experts in the field of natural sciences, social sciences, linguistics, vocational education, work experience, educational technology and special education, by rotation, in the manner prescribed three n nine members to be appointed by the central government to represent the states and union territory administrations in the manner prescribed o three members of parliament of whom one shall be nominated by the chairman of the council of states and two by the speaker of the house of the people p three members to be appointed by the central government from amongst teachers of primary and secondary education and teachers of recognised institutions. 5 it is hereby declared that the office of the member of the council shall not disqualify its holder for being chosen as or for being a member of either house of parliament.

section 7. of the national council for teacher education act : 1 the council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings as may be provided by regulations: provided that the council shall meet at least once every year. 2 the chairperson, and in the absence of the chairperson, the vicechairperson shall preside at the meetings of the council. 3 if for any reason the chairperson and the vicechairperson, both are unable to attend any meeting of the council, any other member chosen by the members present at the meeting shall preside at that meeting. 4 all questions which come up before any meeting of the council shall be decided by a majority of votes of the members present and voting and in the event of any equality of votes, the chairperson, or in the absence of the chairperson the person presiding, shall have and exercise a second or casting vote.

section 9. of the national council for teacher education act : 1 the council may coopt, in such manner and for such purposes as may be determined by regulations, not more than three persons, whose assistance or advice it may desire in carrying out any of the provisions of this act. 2 the person coopted by the council under subsection 1 for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the council, and shall not be a member for any other purpose.

section 4. of the national council for teacher education act : 1 the chairperson, vicechairperson and the membersecretary shall hold office on a fulltime basis. 2 the term of office of the chairperson, the vicechairperson and the membersecretary shall be four years, or till they complete the age of sixty years, whichever is earlier. 3 the conditions of service of the chairperson, the vicechairperson and the membersecretary shall be such as may be prescribed. 4 the term of office of members other than the members specified in clauses a to l and clauses n and o of subsection 4 of section 3 shall be two years or till fresh appointments are made, whichever is later, and other conditions of service of such members shall be such as may be prescribed. 5 if a casual vacancy occurs in the office of chairperson, whether by reason of death, resignation or inability to discharge the functions of a chairperson owing to illness or other incapacity, the vicechairperson holding office as such for the time being, shall act as the chairperson and shall, unless any other person is appointed earlier as chairperson, hold office of the chairperson for the remainder of the term of office of the person in whose place the said person is to so act. 6 if a casual vacancy occurs in the office of the vicechairperson or any other member, whether by reason of death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by making fresh appointment and the person so appointed shall hold office for the remainder of the term of the office of the person in whose place such person is so appointed. 7 the chairperson shall, in addition to presiding over the meetings of the council, exercise and discharge such powers and duties of the council as may be delegated to him by the council and such other powers and duties as may be prescribed. 8 the vicechairperson shall perform such functions as may be assigned to him by the chairperson from time to time.

section 11. of the national council for teacher education act : all orders and decisions of the council shall be authenticated by the signature of the chairperson or any other member authorised by the council in this behalf, and all other instruments issued by the council shall be authenticated by the signature of the membersecretary or any other officer of the council authorised in like manner in this behalf by the chairperson.

section 5. of the national council for teacher education act : a person shall be disqualified for being appointed as a member if he a has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government or e has in the opinion of the central government such financial or other interest in the council as is likely to affect prejudicially the discharge by him of his functions as a member.

section 13. of the national council for teacher education act : 1 for the purpose of ascertaining whether the recognised institutions are functioning in accordance with the provisions of this act, the council may cause inspection of any such institution, to be made by such persons as it may direct, and in such manner as may be prescribed. 2 the council shall communicate to the institution the date on which inspection under subsection 1 is to be made and the institution shall be entitled to be associated with the inspection in such manner as may be prescribed. 3 the council shall communicate to the said institution, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that institution, recommend to that institution the action to be taken as a result of such inspection. 4 all communications to the institution under this section shall be made to the executive authority thereof, and the executive authority of the institution shall report to the council the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in subsection 3.

section 6. of the national council for teacher education act : the central government shall remove a member if he a becomes subject to any of the disqualifications mentioned in section 5: provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause e of that section, unless he has been given a reasonable opportunity of being heard in the matter or b refuses to act or becomes incapable of acting or c is, without obtaining leave of absence from the council, absent from three consecutive meetings of the council or d in the opinion of the central government, has so abused his position as to render his continuance in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

section 10. of the national council for teacher education act : 1 for the purpose of enabling the council to discharge its functions efficiently under this act, the council shall, subject to such regulations as may be made in this behalf, appoint whether on deputation or otherwise such number of officers and other employees as it may consider necessary: provided that the category of posts equivalent to group a posts in the central government shall be subject to the approval of the central government. 2 every officer or other employee appointed by the council shall be subject to such conditions of service as may be determined by regulations.

section 12. of the national council for teacher education act : it shall be the duty of the council to take all such steps as it may think fit for ensuring planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may a undertake surveys and studies relating to various aspects of teacher education and publish the result thereof b make recommendations to the central and state government, universities, university grants commission and recognised institutions in the matter of preparation of suitable plans and programmes in the field of teacher education c coordinate and monitor teacher education and its development in the country d lay down guidelines in respect of minimum qualifications for a person to be employed as a teacher 1 in recognised institutions e lay down norms for any specified category of courses or trainings in teacher education, including the minimum eligibility criteria for admission thereof, and the method of selection of candidates, duration of the course, course contents and mode of curriculum f lay down guidelines for compliance by recognised institutions, for starting new courses or training, and for providing physical and instructional facilities, staffing pattern and staff qualification g lay down standards in respect of examinations leading to teacher education qualifications, criteria for admission to such examinations and schemes of courses or training h lay down guidelines regarding tuition fees and other fees chargeable by recognised institutions i promote and conduct innovation and research in various areas of teacher education and disseminate the results thereof j examine and review periodically the implementation of the norms, guidelines and standards laid down by the council, and to suitably advise the recognised institutions k evolve suitable performance appraisal system, norms and mechanisms for enforcing accountability on recognised institutions l formulate schemes for various levels of teacher education and identify recognised institutions and set up new institutions for teacher development programmes m take all necessary steps to prevent commercialisation of teacher education and n perform such other functions as may be entrusted to it by the central government. 1. the words in schools or omitted by act 18 of , s. 5 w.e.f. .

section 14. of the national council for teacher education act : 1 every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations: provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months, if it has made an application for recognition within the said period and until the disposal of the application by the regional committee. 1provided further that such institutions, as may be specified by the central government by notification in the official gazette, which i are funded by the central government or the state government or the union territory administration ii have offered a course or training in teacher education on or after the appointed day till the academic year and iii fulfil the conditions specified under clause a of subsection 3, shall be deemed to have been recognised by the regional committee. 2 the fee to be paid along with the application under subsection 1 shall be such as may be prescribed. 3 on receipt of an application by the regional committee from any institution under subsection 1, and after obtaining from the institution concerned such other particulars as it may consider necessary, it shall, a if it is satisfied that such institution has adequate financial resources, accommodation, library, qualified staff, laboratory and that it fulfils such other conditions required for proper functioning of the institution for a course or training in teacher education, as may be determined by regulations, pass an order granting recognition to such institution, subject to such conditions as may be determined by regulations or b if it is of the opinion that such institution does not fulfil the requirements laid down in subclause a, pass an order refusing recognition to such institution for reasons to be recorded in writing: provided that before passing an order under subclause b, the regional committee shall provide a reasonable opportunity to the concerned institution for making a written representation. 4 every order granting or refusing recognition to an institution for a course or training in teacher education under subsection 3 shall be published in the official gazette and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the state government and the central government. 5 every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause b of subsection 3. 6 every examining body shall, on receipt of the order under subsection 4, a grant affiliation to the institution, where recognition has been granted or b cancel the affiliation of the institution, where recognition has been refused. 1. the proviso ins. by act 2 of , s. 2 w.e.f. 17.08..

section 12a. of the national council for teacher education act : 112a. power of council to determine minimum standards of education of school teachers. for the purpose of maintaining standards of education in schools, the council may, by regulations, determine the qualifications of persons for being recruited as teachers in any preprimary, primary, upper primary, secondary, senior secondary or intermediate school or college, by whatever name called, established, run, aided or recognised by the central government or a state government or a local or other authority: provided that nothing in this section shall adversely affect the continuance of any person recruited in any preprimary, primary, upper primary, secondary, senior secondary or intermediate schools or colleges, under any rule, regulation or order made by the central government, a state government, a local or other authority, immediately before the commencement of the national council for teacher education amendment act, 18 of solely on the ground of nonfulfilment of such qualifications as may be specified by the council: provided further that the minimum qualifications of a teacher referred to in the first proviso shall be acquired within the period specified in this act or under the right of children to free and compulsory education act, 35 of . 1 ins. by act 18 of , s. 6 w.e.f. .

section 15. of the national council for teacher education act : 1 where any recognised institution intends to start any new course or training in teacher education, it may make an application to seek permission therefor to the regional committee concerned in such form and in such manner as may be determined by regulations. 1provided that the course or training in teacher education offered on or after the appointed day till the academic year by such institutions, as may be specified by the central government by notification in the official gazette, which i are funded by the central government or the state government or the union territory administration and ii fulfil the conditions specified under clause a of subsection 3, shall be deemed to have been granted permission by the regional committee. 2 the fees to be paid along with the application under subsection 1 shall be such as may be prescribed. 3 on receipt of an application from an institution under subsection 1, and after obtaining from the recognised institution such other particulars as may be considered necessary, the regional committee shall, a if it is satisfied that such recognised institution has adequate financial resources, accommodation, library, qualified staff, laboratory, and that it fulfils such other conditions required for proper conduct of the new course or training in teacher education, as may be determined by regulations, pass an order granting permission, subject to such conditions as may be determined by regulations or b if it is of the opinion that such institution does not fulfil the requirements laid down in subclause a, pass an order refusing permission to such institution for reasons to be recorded in writing: provided that before passing an order refusing permission under subclass b, the regional committee shall provide a reasonable opportunity to the institution concerned for making a written representation. 4 every order granting or refusing permission to a recognised institution for a new course or training in teacher education under subsection 3, shall be published in the official gazette and communicated in writing for appropriate action to such recognised institution and to the concerned examining body, the local authority, the state government and the central government. 1. the proviso ins. by s. 3, ibid. w.e.f. 17.08..

section 16. of the national council for teacher education act : notwithstanding anything contained in any other law for the time being in force, no examining body shall, on or after the appointed day, a grant affiliation, whether provisional or otherwise, to any institution or b hold examination, whether provisional or otherwise, for a course or training conducted by a recognised institution, unless the institution concerned has obtained recognition from the regional committee concerned, under section 14 or permission for a course or training under section 15.

section 17. of the national council for teacher education act : 1 where the regional committee is, on its own motion or on any representation received from any person, satisfied that a recognised institution has contravened any of the provisions of this act, or the rules, regulations, orders made or issued thereunder, or any condition subject to which recognition under subsection 3 of section 14 or permission under subsection 3 of section 15 was granted, it may withdraw recognition of such recognised institution, for reasons to be recorded in writing: provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution: provided further that the order withdrawing or refusing recognition passed by the regional committee shall come into force only with effect from the end of the academic session next following the date of communication of such order. 2 a copy of every order passed by the regional committee under subsection 1, a shall be communicated to the recognised institution concerned and a copy thereof shall also be forwarded simultaneously to the university or the examining body to which such institution was affiliated for cancelling affiliation and b shall be published in the official gazette for general information. 3 once the recognition of a recognised institution is withdrawn under subsection 1, such institution shall discontinue the course or training in teacher education, and the concerned university or the examining body shall cancel affiliation of the institution in accordance with the order passed under subsection 1, with effect from the end of the academic session next following the date of communication of the said order. 4 if an institution offers any course or training in teacher education after the coming into force of the order withdrawing recognition under subsection 1, or where an institution offering a course or training in teacher education immediately before the appointed day fails or neglects to obtain recognition or permission under this act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for purposes of employment under the central government, any state government or university, or in any school, college or other educational body aided by the central government or any state government.

section 23. of the national council for teacher education act : 1 the council shall have its own fund and all sums which may, from time to time, be paid to it by the central government or a state government and all the receipts of the council, including any sum which any other authority or person in india or abroad may pay to the council, shall be credited to the fund and all payments by the council shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may be decided by the council. 3 the council may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the council.

section 18. of the national council for teacher education act : 1 any person aggrieved by an order made under section 14 or section 15 or section 17 of the act may prefer an appeal to the council within such period as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor, if the appellant satisfies the council that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. 4 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disallowing an appeal, the appellant shall be given a reasonable opportunity to represent its case. 5 the council may confirm or reverse the order appealed against.

section 19. of the national council for teacher education act : 1 the council shall constitute a committee, called executive committee for discharging such functions as may be assigned to it by the council or as may be determined by regulations. 2 the executive committee shall consist of the following members, namely: a the chairperson b the vicechairperson c the membersecretary d the secretary to the government of india in the department dealing with education, ex officio e the secretary, university grants commission, ex officio f the director, national council of educational research and training, ex officio g the financial adviser to the government of india in the department dealing with education, ex officio h four experts in teacher education to be nominated by the central government i four state representatives to be nominated by the central government in such manner as may be prescribed j the chairpersons of the regional committees. 3 the chairperson and the membersecretary of the council shall respectively, function as the chairperson and the membersecretary of the executive committee. 4 the chairperson or in his absence, the vicechairperson of the council shall preside at the meetings of the executive committee and in the absence of both the chairperson and the vicechairperson, any other member chosen by the members present at the meeting shall preside at the meeting. 5 the quorum necessary for the transaction of business at the meetings of the executive committee shall be as laid down by regulations. 6 the executive committee may coopt, in such manner and for such purposes, as may be determined by regulations, not more than two persons whose assistance and advice, it may desire in carrying out any of the functions assigned to the executive committee: provided that the persons coopted by the executive committee for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the executive committee, and shall not be a member for any other purpose. 7 the council may, if it considers necessary, establish such other committees, for such specific purpose, as it may deem fit.

section 24. of the national council for teacher education act : the council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 20. of the national council for teacher education act : 1 the council shall, by notification in the official gazette, establish the following regional committees, namely: i the eastern regional committee ii the western regional committee iii the northern regional committee and iv the southern regional committee. 2 the council may, if it considers necessary, establish with the approval of the central government, such other regional committees as it may deem fit. 3 the regional committee shall consist of the following members, namely: a a member to be nominated by the council b one representative from each of the states and the union territories of the region, to be nominated by the respective states and the union territories c such number of persons, having special knowledge and experience in matters relating to teacher education, as may be determined by regulations. 4 the council shall nominate one of the members of the concerned regional committee to function as the chairperson of the said committee. 5 the term of office of the members referred to in clause c and the allowances payable to such members shall be such as may be determined by regulations. 6 the regional committee shall, in addition to its functions under sections 14, 15 and 17, perform such other functions, as may be assigned to it by the council or as may be determined by regulations. 7 the functions of, the procedure to the followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a regional committee shall be such as may be determined by regulations.

section 21. of the national council for teacher education act : 1 if the council is of the opinion that a regional committee is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the council for carrying out the provisions of this act, the council may, by notification in the official gazette, terminate forthwith the regional committee. 2 upon the publication of a notification under subsection 1, a all members of the regional committee shall, notwithstanding that their term of office had not expired, as from the date of the termination, vacate their office as such members and b all the powers and duties which may, by or under the provisions of this act be exercised or performed by or on behalf of the regional committee shall, during the period when the term of office of its members stand terminated, be exercised and performed by such person or persons as the council may direct. 3 the council may at any time after publication of a notification under subsection 2, reconstitute the regional committee in the manner provided in subsection 3 of section 20: provided that it shall be competent for the council to appoint any person, who was a member of a regional committee which was terminated, as a member of the reconstituted regional committee.

section 22. of the national council for teacher education act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the council in each financial year such sums as may be considered necessary for the performance of the functions of the council under this act.

section 25. of the national council for teacher education act : the council shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before both houses of parliament.

section 32. of the national council for teacher education act : 1 the council may, by notification in the official gazette, make regulations not inconsistent with the provisions of this act and the rules made thereunder, generally to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the time and the place of the meetings of the council and the procedure for conducting business thereat under subsection 1 of section 7 b the manner in which and the purposes for which persons may be coopted by the council under subsection 1 of section 9 c the appointment and terms and conditions of service of officers and other employees of the council under subsections 1 and 2 respectively of section 10 d the norms, guidelines and standards in respect of i the minimum qualifications for a person to be employed as a teacher under clause d of section 12 ii the specified category of courses or training in teacher education under clause e of section 12 iii starting of new courses or training in recognised institutions under clause f of section 12 iv standards in respect of examinations leading to teacher education qualifications referred to in clause g of section 12 v the tuition fees and other fees chargeable by institutions under clause h of section 12 vi the schemes for various levels of teacher education, and identification of institutions for offering teacher development programmes under clause l of section 12 1dd the qualifications of teachers under section 12a e the form and the manner in which an application for recognition is to be submitted under subsection 1 of section 14 f conditions required for the proper functioning of the institution and conditions for granting recognition under clause a of subsection 3 of section 14 g the form and the manner in which an application for permission is to be made under subsection 1 of section 15 h conditions required for the proper conduct of a new course or training and conditions for granting permission under clause a of subsection 3 of section 15 i the functions which may be assigned by the council to the executive committee under subsection 1 of section 19 j the procedure and the quorum necessary for transaction of business at the meetings of the executive committee under subsection 5 of section 19 k the manner in which and the purposes for which the executive committee may coopt persons under subsection 6 of section 19 l the number of persons under clause c of subsection 3 of section 20 m the term of office and allowances payable to members under subsection 5 of section 20 n additional functions to be performed by the regional committee under subsection 6 of section 20 o the functions of, the procedure to be followed by, the territorial jurisdiction of, and the manner of filling casual vacancies among members of, a regional committee under subsection 7 of section 20 p any other matter in respect of which provision is to be, or may be, made by regulations. 1 ins. by act 18 of , s. 7 w.e.f. .

section 26. of the national council for teacher education act : 1 the council shall cause to be maintained such books of account in such form and in such manner and as the central government may, in consultation with the comptroller and auditorgeneral of india, prescribe. 2 the council shall, as soon as may be, after closing its annual accounts, prepare a statement of accounts in such form and forward the same to the comptroller and auditorgeneral of india by such date as the central government may, in consultation with the comptroller and auditorgeneral, determine. 3 the accounts of the council shall be audited by the comptroller and auditorgeneral of india at such times and in such manner as he think fit. 4 the accounts of the council as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 27. of the national council for teacher education act : the council may, by general or special order in writing, delegate to the chairperson or to any other member or to any officer of the regional committee, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act except the power to make regulations under section 32, as it may deem necessary.

section 28. of the national council for teacher education act : no prosecution or other legal proceeding shall lie against the central government, the council or any committees appointed by it, or any member of the council or member of such committees, or any officer or employee of the central government or the council or any other person authorised by that government or the council, for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 29. of the national council for teacher education act : 1 the council shall, in the discharge of its functions and duties under this act be bound by such directions on questions of policy as the central government may give in writing to it from time to time. 2 the decision of the central government as to whether a question is one of policy or not shall be final.

section 31. of the national council for teacher education act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner in which central government is to appoint experts to the council under subclause v of clause m of subsection 4 of section 3 b the manner in which the central government is to appoint members to the council from amongst the states and the union territory administrations under clause n of subsection 4 of section 3 c the conditions of service of the chairperson, the vicechairperson and the membersecretary under subsection 3 and of members under subsection 4 of section 4 d the powers and duties of the chairperson under subsection 7 of section 4 e the manner in which and the persons by whom the inspection of an institution is to be made and the manner in which the institution is to be associated in such inspection under subsections 1 and 2 of section 13 f the fees payable on application for obtaining recognition under subsection 2 of section 14 and for obtaining permission under subsection 2 of section 15 g the period of limitation for an appeal under subsection 1 of section 18, the form in which such appeal is to be made and the fees payable therefor under subsection 3 of that section and the procedure for disposal of an appeal under subsection 4 of that section h the manner in which the central government is to nominate the state representatives in the executive committee under clause i of subsection 2 of section 19 i the form in which and the time within which the budget under section 24 and the annual report under section 25 of the council is to be prepared j the manner and the form in which the accounts of the council are to be maintained under subsection 1 of section 26 k any other matter which has to be, or may be, prescribed.

section 30. of the national council for teacher education act : 1 if the central government is of the opinion that the council is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under this act or has exceeded or abused its power, or has wilfully or without sufficient cause failed to comply with any direction issued by the central government under section 29, the central government may, by notification in the official gazette, supersede the council for such period as may be specified in the notification: provided that before issuing a notification under this subsection, the central government shall give reasonable opportunity to the council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the council. 2 upon the publication of a notification under subsection 1 superseding the council a all the members of the council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members b all the powers and duties which may, by or under the provisions of this act be exercised or performed by or on behalf of the council shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct c all property vested in the council shall, during the period of supersession, vest in the central government. 3 on the expiry of the period of supersession specified in the notification issued under subsection 1, the central government, may a extend the period of supersession for such further period as it may consider necessary or b reconstitute the council in the manner provided in section 3.

section 34. of the national council for teacher education act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 33. of the national council for teacher education act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both house agree in making any modification in the rule or regulation, or both house agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the transplantation of human organs and tissues act : 1 nothing in the foregoing provisions of this act shall be construed as rendering unlawful any dealing with the body or with any part of the body of a deceased person if such dealing would have been lawful if this act had not been passed. 2 neither the grant of any facility or authority for the removal of any 1human organ or tissue or both from the body of a deceased person in accordance with the provisions of this act nor the removal oil any 1human organ or tissue or both from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the indian penal code 45 of . 1. subs. by act 16 of , s. 4 for human organ w.e.f. .

section 1. of the transplantation of human organs and tissues act : this act may be called the transplantation of 1human organs and tissues act, . 2 it applies, in the first instance, to the whole of the states of goa, himachal pradesh and maharashtra and to all the union territories and it shall also apply to such other state which adopts this act by resolution passed in that behalf under clause 1 of article 252 of the constitution. 3 it shall come into force in the states of goa, himachal pradesh and maharashtra and in all the union territories on such date2 as the central government may, by notification, appoint and in any other state which adopts this act under clause 1 of article 252 of the constitution, on the date of such adoption and any reference in this act to the commencement of this act shall, in relation to any state or union territory, means the date on which this act comes into force in such state or union territory 1 subs. by s. 3, ibid., for human organs w.e.f. . 2 4th february, , vide notification no. s.o. 80e, dated the 4th february, , see gazette of india, extraordinary, part ii, sec. 3ii. extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the transplantation of human organs and tissues act : in this act, unless the context otherwise requires, a advertisement includes any form of advertising whether to the public generally or to any section of the public or, individually to selected persons b appropriate authority means the appropriate authority appointed under section 13 c authorisation committee means the committee constituted under clause a or clause b of subsection 4 of section 9 d brainstem death means the stage at which all functions of the brainstem have permanently and irreversibly ceased and is so certified under subsection 6 of section 3 e deceased person means a person in whom permanent disappearance of all evidence of life occurs, by reason of brainstem death or in a cardiopulmonary sense, at any time after live birth has taken place f donor means any person, not less than eighteen years of age, who voluntarily authorises the removal of any of his human organs for therapeutic purposes under subsection 1 or subsection 2 of section 3 g hospital includes a nursing home, clinic, medical centre, medical or teaching institution for therapeutic purposes and other like institution h human organ means any part of a human body consisting of a structured arrangement of tissues which, if wholly, removed, cannot be replicated by the body 1ha human organ retrieval centre means a hospital, i which has adequate facilities for treating seriously ill patients who can be potential donours of organs in the event of death and ii which is registered under subsection 1 of section 14 for retrieval of human organs hb minor means a person who has not completed the age of eighteen years 2i near relative means spouse, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson or granddaughter j notification means a notification published in the official gazette k payment means payment in money or moneys worth but does not include any payment for defraying or reimbursing i the cost of removing, transporting or preserving the 3human organ or tissue or both to be supplied or ii any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying any human organ from his body l prescribed means prescribed by rules made under this act m recipient means a person into whom any 3human organ or tissue or both is, or is proposed to be, transplanted n registered medical practitioner means a medical practitioner who possesses any recognised medical qualification as defined in clause h of section 2 of the indian medical council act, of , and who is enrolled on a state medical register as defined in clause k of that section o therapeutic purposes means systematic treatment of any disease or the measures to improve health according to any particular method or modality 3 4oa tissue means a group of cells, except blood, performing a particular function in the human body ob tissue bank means a facility registered under section 14a for carrying out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues, but does not to include a blood bank p transplantation means the grafting of any human organ from any living person or deceased person to some other living person for therapeutic purposes 4q transplant coordinator means a person appointed by the hospital for coordinating all matters relating to removal or transplantation of human organs or tissues or both and for assisting the authority for removal of human organs in accordance with the provisions of sections 3. 1 ins. by act 16 of , s. 5 w.e.f. . 2 subs. by s. 5, ibid., for clause i w.e.f. . 3 subs. by s. 4, ibid., for human organ w.e.f. . 4 ins. by s. 5, ibid. w.e.f. .

section 7. of the transplantation of human organs and tissues act : 7. preservation of 2 human organs or tissues or both. after the removal of any 1human organ or tissue or both from the body of any person, the registered medical practitioner shall take such steps for the preservation of the 1human organ or tissue or both so removed as may be prescribed. 1. subs. by act 16 of , s. 4 for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. .

section 3. of the transplantation of human organs and tissues act : 13. authority for removal of 1human organs or tissues or both. 1 any donor may, in such manner and subject to such conditions as may be prescribed, authorise the removal, before his death, of any 2human organ or tissue or both of his body for therapeutic purposes. 31a for the purpose of removal, storage or transplantation of such human organs or tissues or both, as may be prescribed, it shall be the duty of the registered medical practitioner working in a hospital, in consultation with transplant coordinator, if such transplant coordinator is available, i to ascertain from the person admitted to the intensive care unit or from his near relative that such person had authorised at any time before his death the removal of any human organ or tissue or both of his body under subsection 2, then the hospital shall proceed to obtain the documentation for such authorisation ii where no such authority as referred to in subsection 2 was made by such person, to make aware to that person or near relative for option to authorise or decline for donation of human organs or tissues or both iii to require the hospital to inform in writing to the human organ removal centre for removal, storage or transplantation of human organs or tissues or both of the donor identified in clauses i and ii in such manner as may be prescribed. 1b the duties mentioned under clauses i to iii of subsection 1a from such date, as may be prescribed, shall also apply in the case of a registered medical practitioner working in an intensive care unit in a hospital which is not registered under this act for the purpose of removal, storage or transplantation of human organs or tissues or both. 2 if any donor had, in writing and in the presence of two or more witnesses at least one of whom is a near relative of such person, unequivocally authorised at any time before his death, the removal of any human organ of his body, after his death, for therapeutic purposes, the person lawfully in possession of the dead body of the donor shall, unless he has any reason to believe that the donor had subsequently revoked the authority aforesaid, grant to a registered medical practitioner all reasonable facilities for the removal, for therapeutic purposes, of that 2human organ or tissue or both from the dead body of the donor. 3 where no such authority as is referred to in subsection 2, was made by any person before his death but no objection was also expressed by such person to any of his 1human organs or tissues or both being used after his death for therapeutic purposes, the person lawfully in possession of the dead body of such person may, unless he has reason to believe that any near relative of the deceased person has objection to any of the deceased persons 1human organs or tissues or both being used for therapeutic purposes, authorise the removal of any 2human organ or tissue or both of the deceased person for its use for therapeutic purposes. 4 the authority given under subsection 1 or subsection 2 or, as the case may be, subsection 3 shall be sufficient warrant for the removal, for therapeutic purposes, of the 2human organ or tissue or both but no such removal shall be made by any person other than the registered medical practitioner: 3provided that a technician possessing such qualifications and experience, as may be prescribed, may enucleate a cornea. 5 where any 2human organ or tissue or both is to be removed from the body of a deceased person, the registered medical practitioner shall satisfy himself, before such removal, by a personal examination of the body from which any 2human organ or tissue or both is to be removed, that life is extinct in such body or, where it appears to be a case of brainstem death, that such death has been certified under subsection 6. 6 where any 2human organ or tissue or both is to be removed from the body of a person in the event of his brainstem death, no such removal shall be undertaken unless such death is certified, in such form and in such manner and on satisfaction of such conditions and requirements as may be prescribed, by a board of medical experts consisting of the following, namely: i the registered medical practitioner in charge of the hospital in which brainstem death has occurred ii an independent registered medical practitioner, being a specialist, to be nominated by the registered medical practitioner specified in clause i, from the panel of names approved by the appropriate authority iii a neurologist or a neurosurgeon to be nominated by the registered medical practitioner specified in clause i, from the panel of names approved by the appropriate authority:4 5provided that where a neurologist or a neurosurgeon is not available, the registered medical practitioner may nominate an independent registered medical practitioner, being a surgeon or a physician and an anaesthetist or intensivist subject to the condition that they are not members of the transplantation team for the concerned recipient and to such conditions as may be prescribed iv the registered medical practitioner treating the person whose brainstem death has occurred. 7 notwithstanding anything contained in subsection 3, where brainstem death of any person, less than eighteen years of age, occurs and is certified under subsection 6, any of the parents of the deceased person may give authority, in such form and in such manner as may be prescribed, for the removal of any 6human organ or tissue or both from the body of the deceased person. 1. subs. by act of 16 of , s. 4, for human organs w.e.f. . 2. subs. by s. 4, ibid., for human organ w.e.f. . 3. ins. by s. 6, ibid. w.e.f. . 4. the word and omitted by act 16 of , s. 6 w.e.f. . 5. ins. by s. 6, ibid. w.e.f. . 6. subs. by s. 4, ibid., for human organ w.e.f. .

section 9. of the transplantation of human organs and tissues act : 9. restrictions on removal and transplantation of 2human organs or tissues or both.1 save as otherwise provided in subsection 3, no 1human organ or tissue or both removed from the body of a donor before his death shall be transplanted into a recipient unless the donor is a near relative of the recipient. 31a where the donor or the recipient being near relative is a foreign national, prior approval of the authorisation committee shall be required before removing or transplanting human organ or tissue or both: provided that the authorisation committee shall not approve such removal or transplantation if the recipient is a foreign national and the donor is an indian national unless they are near relatives. 1b no human organs or tissues or both shall be removed from the body of a minor before his death for the purpose of transplantation except in the manner as may be prescribed. 1c no human organs or tissues or both shall be removed from the body of a mentally challenge person before his death for the purpose of transplantation. explanation.for the purpose of this subsection, i the expression mentally challenged person includes a person with mental illness or mental retardation, as the case may be ii the expression mental illness includes dementia, schizophrenia and such other mental condition that makes a person intellectually disables iii the expression mental retardation shall have the same meaning as assigned to it in clause r of section 2 of the persons with disabilities equal opportunities, protection of right and full participation act, 1 of . 2 where any donor authorises the removal of any of his 2human organs or tissues or both after his death under subsection 2 of section 3 or any person competent or empowered to give authority for the removal of any 1human organ or tissue or both from the body of any deceased person authorises such removal, the 1human organ or tissue or both may be removed and transplanted into the body of any recipient who may be in need of such 1human organ or tissue or both. 3 if any donor authorises the removal of any of his 2human organs or tissues or both before his death under subsection 1 of section 3 for transplantation into the body of such recipient, not being a near relative, as is specified by the donor by reason of affection or attachment towards the recipient or for any other special reasons, such 4human organ or tissue or both shall not be removed and transplanted without the prior approval of the authorisation committee. 53a notwithstanding anything contained in subsection 3, where a any donor has agreed to make a donation of his human organ or tissue or both before his death to a recipient, who is his near relative, but such donor is not compatible biologically as a donor for the recipient and b the second donor has agreed to make a donation of his human organ or tissue or both before his death to such recipient, who is his near relative, but such donor is not compatible biologically as a donor for such recipient then c the first donor who is compatible biologically as a donor for the second recipient and the second donor is compatible biologically as a donor of a human organ or tissue or both for the first recipient and both donors and both recipients in the aforesaid group of donor and recipient have entered into a single agreement to donate and receive such human organ or tissue or both according to such biological compatibility in the group, the removal and transplantation of the human organ or tissue or both, as per the agreement referred to above, shall not be done without prior approval of the authorisation committee. 64 a the composition of the authorisation committee shall be such as may be prescribed by the central government from time to time. b the state government and the union territories shall constitute, by notification, one or more authorisation committee consisting of such members as may be nominated by the state government and the union territories on such terms and conditions as may be specified in the notification for the purposes of this section. 5 on an application jointly made, in such form and in such manner as may be prescribed, by the donor and the recipient, the authorisation committee shall, after holding an inquiry and after satisfying itself that the applicants have complied with all the requirements of this act and tile rules made thereunder, grant to the applicants approval for the removal and transplantation of the human organ. 6 if, after the inquiry and after giving an opportunity to the applicants of being heard, the authorisation committee is satisfied that the applicants have not complied with the requirements of this act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for approval. 1. subs. by act 16 of , s. 4 for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. . 3. ins. by s. 7, ibid. w.e.f. . 4. subs. by act 16 of , s. 4, for human organ w.e.f. . 5. ins. by s. 7, ibid. w.e.f. . 6. subs. by s. 7, ibid., for subsection 4 w.e.f. .

section 4. of the transplantation of human organs and tissues act : 4. removal of 2human organs or tissues or both not to be authorised in certain cases.1 no facilities shall be granted under subsection 2 of section 3 and no authority shall be given under subsection 3 of that section for the removal of any 1human organ or tissue or both from the body of a deceased person, if the person required to grant such facilities, or empowered to give such authority, has reason to believe that an inquest may be required to be held in relation to such body in pursuance of the provisions of any law for the time being in force. 2 no authority for the removal of any 1human organ or tissue or both from the body of a deceased person shall be given by a person to whom such body has been entrusted solely for the purpose of interment, cremation or other disposal. 1. subs. by s. 4, ibid., for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. .

section 12., to donor and recipient. of the transplantation of human organs and tissues act : no registered medical practitioner shall undertake the removal or transplantation of any 1human organ or tissue or both unless he has explained, in such manner as may be prescribed, all possible effects, complications and hazards connected with the removal and transplantation to the donor and the recipient respectively. 1. subs. by act 16 of , s. 4, for human organ w.e.f. .

section 5. of the transplantation of human organs and tissues act : 5. authority for removal of 2human organs or tissues or both in case of unclaimed bodies in hospital or prison.1 in the case of a dead body lying in a hospital or prison and not claimed by any of the near relatives of the deceased person within fortyeight hours from the time of the death of the concerned person, the authority for the removal of any 1human organ or tissue or both from the dead body which so remains unclaimed may be given, in the prescribed form, by the person in charge, for the time being, of the management or control of the hospital or prison, or by an employee of such hospital or prison authorised in this behalf by the person in charge of the management or control thereof. 2 no authority shall be given under subsection 1 if the person empowered to give such authority has reason to believe that any near relative of the deceased person is likely to claim the dead body even though such near relative has not come forward to claim the body of the deceased person within the time specified in subsection 1. 1. subs. by s. 4, ibid., for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. .

section 6. of the transplantation of human organs and tissues act : 6. authority for removal of 1human organs or tissues or both from bodies sent for postmortem examination for medicolegal or pathological purposes. where the body of a person has been sent for postmortem examination a for medicolegal purposes by reason of the death of such person having been caused by accident or any other unnatural cause or b for pathological purposes, the person competent under this act to give authority for the removal of any 2human organ or tissue or both from such dead body may, if he has reason to believe that such 2human organ or tissue or both will not be required for the purpose for which such body has been sent for postmortem examination, authorise the removal, for therapeutic purposes, of that 2human organ or tissue or both of the deceased person provided that he is satisfied that the deceased person had not expressed, before his death, any objection to any of his 3human organs or tissues or both being used, for therapeutic purposes after his death or, where he had granted an authority for the use of any of his 3human organs or tissues or both for therapeutic purposes, after his death, such authority had not been revoked by him before his death. 1. subs. by s. 4, ibid., for human organs w.e.f. . 2. subs. by act 16 of , s. 4 for human organ w.e.f. . 3. subs. by s. 4, ibid., for human organs w.e.f. .

section 13b. of the transplantation of human organs and tissues act : 113b. powers of appropriate authority.the appropriate authority shall for the purposes of this act have all the powers of a civil court trying a suit under the code of civil procedure, 5 of and, in particular, in respect of the following matters, namely: a summoning of any person who is in possession of any information relating to violation of the provisions of this act or the rules made thereunder b discovery and production of any document or material object c issuing search warrant for any place suspected to be indulging in unauthorised removal, procurement or transplantation of human organs or tissues or both and d any other matter which may be prescribed. 1. ins. by s. 10, ibid. w.e.f. .

section 10. of the transplantation of human organs and tissues act : 10. regulation of hospitals conducting the removal, storage or transplantation of 2human organs or tissues or both. 1 on and from the commencement of this act, a no hospital, unless registered under this act, shall conduct, or associate with, or help in, the removal, storage or transplantation of any 1human organ or tissue or both b no medical practitioner or any other person shall conduct, or cause to be conducted, or aid in conducting by himself or through any other person, any activity relating to the removal, storage or transplantation of any 1human organ or tissue or both at a place other than a place registered under this act 3 c no place including a hospital registered under subsection 1 of section 15 shall be used or cause to be used by any person for the removal, storage or transplantation of any 1human organ or tissue or both except for therapeutic purposes 4and 5d no tissues bank, unless registered under this act, shall carry out any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues. 2 notwithstanding anything contained in subsection 1, the eyes or the ears may be removed at any place from the dead body of any donor, for therapeutic purposes, by a registered medical practitioner. explanation.for the purposes of this subsection, ears includes ear drums and ear bones. 1. subs. by act 16 of , s. 4, for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. . 3. the word and omitted by s. 8, ibid. w.e.f. . 4. the word and ins by s. 8, ibid. w.e.f. . 5. ins. by s. 8, ibid. w.e.f. .

section 11. of the transplantation of human organs and tissues act : 11. prohibition of removal or transplantation of 2 human organs or tissues or both for any purpose other than the rapeatic purposes. no donor and no person empowered to give authority for the removal of any human organ shall authorise the removal of any 1human organ or tissue or both for any purpose other than therapeutic purposes. 1. subs. by act 16 of , s. 4, for human organ w.e.f. . 2. subs. by s. 4, ibid., for human organs w.e.f. .

section 13. of the transplantation of human organs and tissues act : 1 the central government shall appoint, by notification, one or more officers as appropriate authorities for each of the union territories for the purposes of this act. 2 the state government shall appoint, by notification, one or more officers as appropriate authorities for the purposes of this act. 3 the appropriate authority shall perform the following functions, namely: i to grant registration under subsection 1 of section 15 or renew registration under subsection 3 of that section ii to suspend or cancel registration under subsection 2 of section 16 1iii to enforce such standards, as may be prescribed, a for hospitals engaged in the removal, storage or transplantation of any human organ: b for tissue banks engaged in recovery, screening, testing, processing, storage and distribution of tissues iv to investigate any complaint of breach of any of the provisions of this act or any of the rules made thereunder and take appropriate action 2iva to inspect tissue banks periodically v to inspect hospitals periodically for examination of the quality of transplantation and the followup medical care to persons who have undergone transplantation and persons from whom organs are removed and vi to undertake such other measures as may be prescribed. 1. subs. by s. 9, ibid., for clause iii w.e.f. . 2. ins. by s. 9, ibid. w.e.f. .

section 14. of the transplantation of human organs and tissues act : 14. registration of hospitals engaged in removal, storage or transplantation of 1human organs or tissues or both.1 2no hospital including human organ retrieval centre shall commence any activity relating to the removal, storage or transplantation of any 3human organ or tissue or both for therapeutic purposes after the commencement of this act unless such hospital is duly registered under this act: provided that every hospital engaged, either partly or exclusively, in any activity relating to the removal, storage or transplantation of any 3human organ or tissue or both for therapeutic purposes immediately before the commencement of this act, shall apply for registration within sixty days from the date of such commencement: provided further that every hospital engaged in any activity relating to the removal, storage or transplantation of any 3human organ or tissue or both shall cease to engage in any such activity on the expiry of three months from the date of commencement of this act unless such hospital has applied for registration and is go registered or till such application is disposed of, whichever is earlier. 2 every application for registration under subsection 1 shall be made to the appropriate authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. 3 no hospital shall be registered under this act unless the appropriate authority is satisfied that such hospital is in a position to provide such specialised services and facilities, possess such skilled manpower and equipments and maintain such standards as may be prescribed. 44 no hospital shall be registered under this act, unless the appropriate authority is satisfied that such hospital has appointed a transplant coordinator having such qualifications and experience as may be prescribed. 1. subs. by act of 16 of , s. 4, for human organs w.e.f. . 2. subs. by s. 11, ibid., for no hospital w.e.f. . 3. subs. by s. 4, ibid., for human organ w.e.f. . 4. ins. by act 16 of , s. 11 w.e.f. .

section 13a. of the transplantation of human organs and tissues act : 113a. advisory committees to advise appropriate authority. 1 the central government and and the state governments, as the case may be, by notification, shall constitute an advisory committee for a period of two years to aid and advise the appropriate authority to discharge its functions. 2 the advisory committee shall consist of a one administrative expert not below the rank of secretary to the state government, to be nominated as chairperson of the advisory committee b two medical experts having such qualifications as may be prescribed c one officer not below the rank of a joint director to represent the ministry or department of health and family welfare, to be designated as membersecretary d two eminent social workers of high social standing and integrity, one of whom shall be from amongst representatives of womens organisation e one legal expert who has held the position of an additional district judge or equivalent f one person to represent nongovernmental organisations or associations which are working in the field of organ or tissue donations or human rights g one specialist in the field of human organ transplantation, provided he is not a member of the transplantation team. 3 the terms and conditions for appointment to the advisory committee shall be such as may be prescribed by the central government. 1. ins. by s. 10, ibid. w.e.f. .

section 13c. of the transplantation of human organs and tissues act : 113c. national human organs and tissues removal and storage network.the central government may, by notification, establish a national human organs and tissues removal and storage network at one or more places and regional network in such manner and to perform such functions, as may be prescribed. 1. ins. by s. 10, ibid. w.e.f. .

section 13d. of the transplantation of human organs and tissues act : 113d. national registry.the central government shall maintain a national registry of the donors and recipients of human organs and tissues and such registry shall have such information as may be prescribed to an ongoing evaluation of the scientific and clinical status of human organs and tissue. 1. ins. by s. 10, ibid. w.e.f. .

section 14a. of the transplantation of human organs and tissues act : 114a. registration of tissue bank. 1 no tissue bank shall, after the commencement of the transplantation of human organs amendment act, 16 of , commence any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues unless it is duly registered under this act: provided that any facility engaged, either party or exlusively, in any activity relating to the recovery, screening, testing, processing, storage and distribution of tissues immediately before the commencement of the transplantation of human organs amendment act, 16 of , shall apply for registration as tissues bank within sixty days from the date of such commencement: provided further that such facility shall cease to engage in any such activity on the expiry of three months from the date of commencement of the transplantation of human organs amendement act, 16 of , unless such tissue bank has applied for registration and is so registered, or till such application is disposed of, whichever is earlier. 2 every application for registration under subsection 1 shall be made to the appropriate authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. 3 no tissue bank shall be registered under this act unless the appropriate authority is satisfied that such tissue bank is in a position to provide such specialised service and facilities, possess such skilled manpower and equipments and maintain such standards as may be prescribed. 1. ns. by s. 12, ibid. w.e.f. .

section 15. of the transplantation of human organs and tissues act : 1 the appropriate authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this act and the rules made thereunder, 1grant to the hospital or to the tissue bank, as the case may be, a certificate of registration in such form, for such period and subject to such conditions as may be prescribed. 2 if, after the inquiry and after giving an opportunity to the applicant of being heard, the appropriate authority is satisfied that the applicant has not complied with the requirement of this act and the rules made thereunder, it shall, for reasons to be recorded in writing, reject the application for registration. 3 every certificate of registration shall be renewed in such manner and on payment of such fees as may be prescribed. 1. subs. by s. 13, ibid., for grant to the hospital w.e.f. .

section 19a. of the transplantation of human organs and tissues act : 119a. punishment for illegal dealings in human tissues.whoever a makes or receives any payment for the supply of, or for an offer to supply, any human tissue or b seeks to find a person willing to supply for payment and human tissue or c offers to supply any human tissue for payment or d initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human tissue or e takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause d or f publishes or distributes or causes to be published or distributed any advertisement i inviting persons to supply for payment of any human tissue or ii offering to supply any human tissue for payment or iii indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause d or g abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human tissues as a near relative or by reason of affection or attachment towards the recipient, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall be liable to fine which shall not be less than five lakh rupees but which may extend to twentyfive lakh rupees. 1. ins. by s. 18, ibid. w.e.f. .

section 16. of the transplantation of human organs and tissues act : 1 the appropriate authority may, suo motu or on complaint, issue a notice to any 1hospital or tissue bank, as the case may be, to show cause why its registration under this act should not be suspended or cancelled for the reasons mentioned in the notice. 2 if, after giving a reasonable opportunity of being heard to the 1hospital or tissue bank, as the case may be, the appropriate authority is satisfied that there has been a breach of any of the provisions of this act or the rules made thereunder, it may, without prejudice to any criminal action that it may take against such 1hospital or tissue bank, as the case may be, suspend its registration for such period as it may think fit or cancel its registration: provided that where the appropriate authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any 2hospital or tissue bank, as the case may be, without issuing any notice. 1. subs. by s. 14, ibid., for hospital w.e.f. . 2. subs. by act 16 of , s. 14, for hospital w.e.f. .

section 17. of the transplantation of human organs and tissues act : any person aggrieved by an order of the authorisation committee rejecting an application for approval under subsection 6 of section 9, or any hospital 1or tissue bank, as the case may be, aggrieved by an order of the appropriate authority rejecting an application for registration under subsection 2 of section 15 or an order of suspension or cancellation of registration under subsection 2 of section 16, may, within thirty days from the date of the receipt of the order, prefer an appeal, in such manner as may be prescribed, against such order to i the central government where the appeal is against the order of the authorisation committee constituted under clause a of subsection 4 of section 9 or against the order of the appropriate authority appointed under subsection 1 of section 13 or ii the state government, where the appeal is against the order of the authorisation committee constituted under clause b of subsection 4 of section 9 or against the order of the appropriate authority appointed under subsection 2 of section 13. 1. ins. by s. 15, ibid. w.e.f. .

section 21. of the transplantation of human organs and tissues act : 1 where any offence punishable under this act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that be had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence punishable under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm, means a partner in the firm.

section 18. of the transplantation of human organs and tissues act : 1 any person who renders his services to or at any hospital and who, for purposes of transplantation, conducts, associates with, or helps in any manner in, the removal of any human organ without authority, shall be punishable with imprisonment for a term which may extend to 1ten years and with fine which may extend to twenty lakh rupees. 2 where any person convicted under subsection 1 is a registered medical practitioner, his name shall be reported by the appropriate authority to the respective state medical council for taking necessary action including the removal of his name from the register of the council for a period of 2three years for the first offence and permanently for the subsequent offence. 33 any person who renders his services to or at any hospital and who conducts, or associates with or helps in any manner in the removal of human tissue without authority, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees. 1. subs. by s. 16, ibid., for five years and with fine which may extend to ten thousand rupees w.e.f. . 2. subs. by s. 16, ibid., for two years w.e.f. . 3. ins. by s. 16, ibid. w.e.f. .

section 20. of the transplantation of human organs and tissues act : whoever contravenes any provision of this act or any rule made, or any condition of the registration granted, thereunder for which no punishment is separately provided in this act, shall be punishable with imprisonment for a term which may extend to 1five years or with fine which may extend to twenty lakh rupees. 1. subs. by s. 19, ibid., for three years or with fine which may extend to five thousand rupees w.e.f. .

section 19. of the transplantation of human organs and tissues act : whoever a makes or receives any payment for the supply of, or for an offer to supply, any human organ b seeks to find a person willing to supply for payment any human organ c offers to supply any human organ for payment or d initiates or negotiates any arrangement involving the making of any payment for the supply of, or for an offer to supply, any human organ e takes part in the management or control of a body of persons, whether a society, firm or company, whose activities consist of or include the initiation or negotiation of any arrangement referred to in clause d or f publishes or distributes or causes to be published or distributed any advertisement, a inviting persons to supply for payment of any human organ b offering to supply any human organ for payment or c indicating that the advertiser is willing to initiate or negotiate any arrangement referred to in clause d 1g abets in the preparation or submission of false documents including giving false affidavits to establish that the donor is making the donation of the human organs, as a near relative or by reason of affection or attachment towards the recipient, shall be punishable with imprisonment for a term which shall not be less than 2five years but which may extend to ten years and shall be liable to fine which shall not be less than twenty lakh rupees but may extend to one crore rupees. 3 1. ins. by act 16 of , s. 17 w.e.f. . 2. subs. by s. 17, ibid., for two years but which may extend to seven years and shall be liable to fine which shall not be less than ten thousand rupees but may extend to twenty thousand rupees w.e.f. . 3. the proviso omitted by s. 17, ibid. w.e.f. .

section 22. of the transplantation of human organs and tissues act : 1 no court shall take cognizance of an offence under this act except on a complaint made by a the appropriate authority concerned, or any officer authorised in this behalf by the central government or the state government or, as the case may be, the appropriate authority or b a person who has given notice of not less than sixty days, in such manner as may be prescribed, to the appropriate authority concerned, of the alleged offence and of his intention to make a complaint to the court. 2 no court other than that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 3 where a complaint has been made under clause b of subsection 1, the court may, on demand by such person, direct the appropriate authority to make available copies of the relevant records in its possession to such person.

section 25. of the transplantation of human organs and tissues act : 1 the ear drums and ear bones authority for use for therapeutic purposes act, 28 of and the eyes authority for use for therapeutic purposes act, 29 of are hereby repealed. 2 the repeal shall, however, not affect the previous operation of the acts so repealed or anything duly done or suffered thereunder.

section 23. of the transplantation of human organs and tissues act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this act. 2 no suit or other legal proceeding shall lie against the central government or the state government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 24. of the transplantation of human organs and tissues act : show related subordinates 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which and the conditions subject to which any donor may authorise removal, before his death, of any 1human organ or tissue or both of his body under subsection 1a of section 3 2aa the human organ or tissues or both in respect of which duty is cast on registered medical pracitioner the manner of obtaining documentation of authoirsation under clause i of subsection 3 ab the manner of informing the human organ retrieval centre under clause iii of subsection 1a of section 3 ac the date from which duties mentioned in subsection 1a are applicable to registered medical practitioner working a unregistered hospital under subsection 1b of section 3 ae the qualification and experience of a technician under the proviso to subsection 4 of section 3 b the form and the manner in which a brainstem death is to be certified and the conditions and requirements which are to be satisfied for that purpose under subsection 6 of section 3 3ba the conditions for nomination of a surgeon or a physician and an anaesthetist or intensivist to be included in the board of medical experts under the proviso to clause iii of subsection 6 of section 3 c the form and the manner in which any of the parents may give authority, in the case of brainstem death of a minor, for the removal of any 4human organ or tissue or both under subsection 7 of section 3 d the form in which authority for the removal of any 4human organ or tissue or both from an, unclaimed dead body may be given by the person incharge of the management or control of the hospital or prison under subsection 1 of section 5 e the steps to be taken for the preservation of the 4human organ or tissue or both removed from the body of any person, under section 7 3ea the manner of removal of human organs or tissues or both from the body of a minor before his death for transplantation under subsection 1b of section 9 eb the composition of the authorisation committees under subsection 4 of section 9 f the form and the manner in which an application may be jointly made by the donor and the recipient under subsection 5 of section 9 g the manner in which all possible effects, complications and hazards connected with the removal and transplantation is to be explained by the registered medical practitioner to the donor and the recipient under section 12 h the standards as are to be enforced by the appropriate authority for hospitals engaged in the removal, storage or transplantation of any 4human organ or tissue or both under clause iii of subsection 3 of section 13 i the other measures as the appropriate authority shall undertake in performing its functions under clause vi of subsection 3 of section 13 3ia the qualifications of medical experts and the terms and conditions for appointment to advisory committee under subsections 2 and 3 of section 13a ib the power of the appropriate authority in any other matter under clause d of section 13b ic the manner of establishment of a national human organs and tissues removal and storage network and regional network and functions to be performed by them under section 13c id the information in the national registry of the donors and recipients of human organs and tissues and all information under section 13d j the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under subsection 2 of section 14 k the specialised services and the facilities to be provided, skilled manpower and the equipments to be possessed and the standards to be maintained by a hospital for registration, under subsection 3 of section 14 3ka the qualifications and experience of a transplant coordinator under subsection 4 of section 14 kb the form and the manner in which an application for registration shall be made and the fee which shall be accompanied, under subsection 2 of section 14a kc the specialised service and the facilities to be provided, skilled manpower and the equipment to be possessed and the standards to be maintained by a tissue bank, under subsection 3 of section 14a l the form in which, the period for which and the conditions subject to which certificate of registration is to be granted to a 5hospital or tissue bank, under subsection 1 of section 15 m the manner in which and the fee on payment of which certificate of registration is to be renewed under subsection 3 of section 15 n the manner in which an appeal may be preferred under section 17 o the manner in which a person is required to give notice to the appropriate authority of the alleged offence and of his intention to make a complaint to the court, under clause b of subsection 1 of section 22 and p any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act of 16 of , s. 4 for human organ w.e.f. . 2. ins. by s. 20, ibid. w.e.f. . 3. ins. by act 16 of , s. 20 w.e.f. . 4. subs. by s. 4, ibid., for human organ w.e.f. . 5. subs. by act 16 of , s. 20, for hospital w.e.f. .

section 8. of the protection of human rights act : 1 8. terms and conditions of service of chairperson and members.the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member shall be varied to his disadvantage after his appointment. 1. subs. by act 43 of , s. 7, for section 8 w.e.f. .

section 1. of the protection of human rights act : 1 this act may be called the protection of human rights act, . 2 it extends to the whole of india: 1 3 it shall be deemed to have come into force on the 28th day of september, . 1. the proviso omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the protection of human rights act : show related subordinates 1 in this act, unless the context otherwise requires, a armed forces means the naval, military and air forces and includes any other armed forces of the union b chairperson means the chairperson of the commission or of the state commission, as the case may be 1ba chief commissioner means the chief commissioner for persons with disabilities referred to in subsection 1 of section 74 of the rights of persons with disabilities act, 49 of c commission means the national human rights commission constituted under section 3 d human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by courts in india e human rights court means the human rights court specified under section 30 2f international covenants means the international covenant on civil and political rights and the international covenant on economic, social and cultural rights adopted by the general assembly of the united nations on the 16th december, and such other covenant or convention adopted by the general assembly of the united nations as the central government may, by notification, specify 3g member means a member of the commission or of the state commission, as the case may be 4ga national commission for backward classes means the national commission for backward classes constituted under section 3 of the national commission for backward classes act, 27 of h national commission for minorities means the national commission for minorities constituted under section 3 of the national commission for minorities act, 19 of 5ha national commission for protection of child rights means the national commission for protection of child rights constituted under section 3 of the commissions for protection of child rights act, 4 of 6i national commission for the scheduled castes means the national commission for the scheduled castes referred to in article 338 of the constitution ia national commission for the scheduled tribes means the national commission for the scheduled tribes referred to in article 338a of the constitution j national commission for women means the national commission for women constituted under section 3 of the national commission for women act, 20 of k notification means a notification published in the official gazette l prescribed means prescribed by rules made under this act m public servant shall have the meaning assigned to it in section 21 of the indian penal code 45 of n state commission means a state human rights commission constituted under section 21. 2 any reference in this act to a law, which is not in force in the state of jammu and kashmir, shall, in relation to that state, be construed as a reference to a corresponding law, if any, in force in that state. state amendments ladakh ut. section 2.omit subsection 2. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 19 of , s. 2 w.e.f. . 2. subs. by act 43 of , s. 2, for clause f w.e.f. . 3. subs. by s. 2, ibid., for clause g w.e.f. . 4. ins. by act 19 of , s. 2 w.e.f. . 5. ins. by act 19 of , s. 2 w.e.f. . 6. subs. by s. 2, ibid., for clause i w.e.f. .

section 3. of the protection of human rights act : show related subordinates 1 the central government shall constitute a body to be known as the national human rights commission to exercise the powers conferred upon, and to perform the functions assigned to, it under this act. 2 the commission shall consist of a a chairperson who has been a 1chief justice of india or a judge of the supreme court b one member who is, or has been, a judge of the supreme court c one member who is, or has been, the chief justice of a high court d 2three members out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights 3 the chairpersons of 3,the national commission for backward classes, the national commission for minorities, the national commission for protection of child rights, 4the national commission for the scheduled castes, the national commission for the scheduled tribes and the 5the national commission for women and the chief commissioner for persons with disabilities shall be deemed to be members of the commission for the discharge of functions specified in clauses b to j of section 12. 4 there shall be a secretarygeneral who shall be the chief executive officer of the commission and 6shall, subject to control of the chairperson, exercise all administrative and financial powers except judicial functions and the power to make regulations under section 40b. 5 the headquarters of the commission shall be at delhi and the commission may, with the previous approval of the central government, establish offices at other places in india. 1. subs. by act 19 of , s. 3, for chief justice w.e.f. . 2. subs. by s. 3, ibid., for two members w.e.f. . 3. subs. by s. 3, ibid., for national commission for minorities w.e.f. . 4. subs. by act 43 of , s. 3, for the national commission for the scheduled castes and scheduled tribes w.e.f. . 5. subs. by act 19 of , s. 3, for national commission for women w.e.f. . 6. subs. by act 19 of , s. 3, for certain words w.e.f. .

section 7. of the protection of human rights act : 1 in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the president may, by notification, authorise one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancy. 2 when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the members as the president may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties.

section 5. of the protection of human rights act : 1 5. resignation and removal of chairperson and members.1 the chairperson or any member may, by notice in writing under his hand addressed to the president of india, resign his office. 2 subject to the provisions of subsection 3, the chairperson or any member shall only be removed from his office by order of the president of india on the ground of proved misbehaviour or incapacity after the supreme court, on reference being made to it by the president, has, on inquiry held in accordance with the procedure prescribed in that behalf by the supreme court, reported that the chairperson or the member, as the case may be, ought on any such ground to be removed. 3 notwithstanding anything in subsection 2, the president may, by order, remove from office the chairperson or any member if the chairperson or such member, as the case may be, a is adjudged an insolvent or b engages during his term of office in any paid employment outside the duties of his office or c is unfit to continue in office by reason of infirmity of mind or body or d is of unsound mind and stands so declared by a competent court or e is convicted and sentenced to imprisonment for an offence which in the opinion of the president involves moral turpitude. 1. subs. by s. 5, ibid., for section 5 w.e.f. .

section 10. of the protection of human rights act : show related subordinates 1 the commission shall meet at such time and place as the chairperson may think fit. 1 2 subject to the provisions of this act and the rules made thereunder, the commission shall have the power to lay down by regulations its own procedure. 3 all orders and decisions of the commission shall be authenticated by the secretarygeneral or any other officer of the commission duly authorised by the chairperson in this behalf. 1. subs. by s. 8, ibid., for subsection 2 w.e.f. .

section 6. of the protection of human rights act : 16. term of office of chairperson and members.1 a person appointed as chairperson shall hold office for a term of 2three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier 3and shall be eligible for reappointment. 2 a person appointed as a member shall hold office for a term of 2three years from the date on which he enters upon his office and shall be eligible for reappointment 4: provided that no member shall hold office after he has attained the age of seventy years. 3 on ceasing to hold office, a chairperson or a member shall be ineligible for further employment under the government of india or under the government of any state. 1. subs. by act 43 of s. 6, for section 6 w.e.f. . 2. subs. by act 19 of , s. 4, for five years w.e.f. . 3. ins. by s. 4, ibid.w.e.f. . 4. the words for another term of five years omitted by act 19 of , s. 4 w.e.f. .

section 4. of the protection of human rights act : 1 the chairperson and 1the members shall be appointed by the president by warrant under his hand and seal: provided that every appointment under this subsection shall be made after obtaining the recommendations of a committee consisting of a the prime minister chairperson b speaker of the house of the people member c minister incharge of the ministry of home affairs in the government of india member d leader of the opposition in the house of the people member e leader of the opposition in the council of states member f deputy chairman of the council of states member: provided further that no sitting judge of the supreme court or sitting chief justice of a high court shall be appointed except after consultation with the chief justice of india. 2 no appointment of a chairperson or a member shall be invalid merely by reason of any 2vacancy of any member in the committee referred to in the first proviso to subsection 1. 1. subs. by s. 4, ibid., for other members w.e.f. 2. subs. by act 43 of , s. 4, for vacancy in the committee w.e.f.

section 9., not to invalidate the proceedings of the commission. of the protection of human rights act : no act or proceedings of the commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the commission.

section 11. of the protection of human rights act : 1 the central government shall make available to the commission a an officer of the rank of the secretary to the government of india who shall be the secretarygeneral of the commission and b such police and investigative staff under an officer not below the rank of a director general of police and such other officers and staff as may be necessary for the efficient performance of the functions of the commission. 2 subject to such rules as may be made by the central government in this behalf, the commission may appoint such other administrative, technical and scientific staff as it may consider necessary. 3 the salaries, allowances and conditions of service of the officers and other staff appointed under subsection 2 shall be such as may be prescribed.

section 12. of the protection of human rights act : show related subordinates the commission shall perform all or any of the following functions, namely: a inquire, suo motu or on a petition presented to it by a victim or any person on his behalf 1 or on a direction or order of any court, into complaint of i violation of human rights or abetment thereof or ii negligence in the prevention of such violation, by a public servant b intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court 2 c visit, notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations thereon to the government d review the safeguards provided by or under the constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation e review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures f study treaties and other international instruments on human rights and make recommendations for their effective implementation g undertake and promote research in the field of human rights h spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means i encourage the efforts of nongovernmental organisations and institutions working in the field of human rights j such other functions as it may consider necessary for the promotion of human rights. 1. ins. by s. 9, ibid. w.e.f. . 2. subs. by s. 9, ibid., for clause c w.e.f.

section 13. of the protection of human rights act : 1 the commission shall, while inquiring into complaints under this act, have all the powers of a civil court trying a suit under the code of civil procedure, 5 of , and in particular in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses and examining them on oath b discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which may be prescribed. 2 the commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the indian penal code 45 of . 3 the commission or any other officer, not below the rank of a gazetted officer, specially authorised in this behalf by the commission may enter any building or place where the commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 2 of , in so far as it may be applicable. 4 the commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 2 of , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 346 of the code of criminal procedure, . 5 every proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of , and the commission shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1 6 where the commission considers it necessary or expedient so to do, it may, by order, transfer any complaint filed or pending before it to the state commission of the state from which the complaint arises, for disposal in accordance with the provisions of this act: provided that no such complaint shall be transferred unless the same is one respecting which the state commission has jurisdiction to entertain the same. 7 every complaint transferred under subsection 6 shall be dealt with and disposed of by the state commission as if it were a complaint initially filed before it. 1. ins. by act 43 of , s.10 w.e.f. .

section 18. of the protection of human rights act : show related subordinates 1 18. steps during and after inquiry.the commission may take any of the following steps during or upon the completion of an inquiry held under this act, namely: a where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation of human rights or abetment thereof by a public servant, it may recommend to the concerned government or authority i to make payment of compensation or damages to the complainant or to the victim or the members of his family as the commission may consider necessary ii to initiate proceedings for prosecution or such other suitable action as the commission may deem fit against the concerned person or persons iii to take such further action as it may think fit b approach the supreme court or the high court concerned for such directions, orders or writs as that court may deem necessary c recommend to the concerned government or authority at any stage of the inquiry for the grant of such immediate interim relief to the victim or the members of his family as the commission may consider necessary d subject to the provisions of clause e, provide a copy of the inquiry report to the petitioner or his representative e the commission shall send a copy of its inquiry report together with its recommendations to the concerned government or authority and the concerned government or authority shall, within a period of one month, or such further time as the commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the commission f the commission shall publish its inquiry report together with the comments of the concerned government or authority, if any, and the action taken or proposed to be taken by the concerned government or authority on the recommendations of the commission. 1. subs. by act 43 of , s. 11, for section 18 w.e.f. .

section 15. of the protection of human rights act : no statement made by a person in the course of giving evidence before the commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: provided that the statement a is made in reply to the question which he is required by the commission to answer or b is relevant to the subject matter of the inquiry.

section 14. of the protection of human rights act : show related subordinates 1 the commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services of any officer or investigation agency of the central government or any state government with the concurrence of the central government or the state government, as the case may be. 2 for the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection 1 may, subject to the direction and control of the commission, a summon and enforce the attendance of any person and examine him b require the discovery and production of any document and c requisition any public record or copy thereof from any office. 3 the provisions of section 15 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under subsection 1 as they apply in relation to any statement made by a person in the course of giving evidence before the commission. 4 the officer or agency whose services are utilised under subsection 1 shall investigate into any matter pertaining to the inquiry and submit a report thereon to the commission within such period as may be specified by the commission in this behalf. 5 the commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under subsection 4 and for this purpose the commission may make such inquiry including the examination of the person or persons who conducted or assisted in the investigation as it thinks fit.

section 20. of the protection of human rights act : show related subordinates 1 the commission shall submit an annual report to the central government and to the state government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. 2 the central government and the state government, as the case may be, shall cause the annual and special reports of the commission to be laid before each house of parliament or the state legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the commission and the reasons for nonacceptance of the recommendations, if any.

section 17. of the protection of human rights act : show related subordinates the commission while inquiring into the complaints of violations of human rights may i call for information or report from the central government or any state government or any other authority or organisation subordinate thereto within such time as may be specified by it: provided that a if the information or report is not received within the time stipulated by the commission, it may proceed to inquire into the complaint on its own b if, on receipt of information or report, the commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned government or authority, it may not proceed with the complaint and inform the complainant accordingly ii without prejudice to anything contained in clause i, if it considers necessary, having regard to the nature of the complaint, initiate an inquiry

section 16. of the protection of human rights act : if, at any stage of the inquiry, the commission a considers it necessary to inquire into the conduct of any person or b is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: provided that nothing in this section shall apply where the credit of a witness is being impeached.

section 19. of the protection of human rights act : show related subordinates 1 notwithstanding anything contained in this act, while dealing with complaints of violation of human rights by members of the armed forces, the commission shall adopt the following procedure, namely: a it may, either on its own motion or on receipt of a petition, seek a report from the central government b after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make its recommendations to that government. 2 the central government shall inform the commission of the action taken on the recommendations within three months or such further time as the commission may allow. 3 the commission shall publish its report together with its recommendations made to the central government and the action taken by that government on such recommendations. 4 the commission shall provide a copy of the report published under subsection 3 to the petitioner or his representative.

section 21. of the protection of human rights act : 1 a state government may constitute a body to be known as the..................name of the state human rights commission to exercise the powers conferred upon, and to perform the functions assigned to, a state commission under this chapter. 12 the state commission shall, with effect from such date as the state government may by notification specify, consist of a a chairperson who has been a 2chief justice or a judge of a high court b one member who is, or has been, a judge of a high court or district judge in the state with a minimum of seven years experience as district judge c one member to be appointed from among persons having knowledge of or practical experience in matters relating to human rights. 3 there shall be a secretary who shall be the chief executive officer of the state commission and 3shall, subject to control of the chairperson, exercise all administrative and financial powers of the state commission. 4 the headquarters of the state commission shall be at such place as the state government may, by notification, specify. 5 a state commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in list ii and list iii in the seventh schedule to the constitution: provided that if any such matter is already being inquired into by the commission or any other commission duly constituted under any law for the time being in force, the state commission shall not inquire into the said matter: 4 56 two or more state governments may, with the consent of a chairperson or member of a state commission, appoint such chairperson or, as the case may be, such member of another state commission simultaneously if such chairperson or member consents to such appointment: provided that every appointment made under this subsection shall be made after obtaining the recommendations of the committee referred to in subsection 1 of section 22 in respect of the state for which a common chairperson or member, or both, as the case may be, is to be appointed. 67 subject to the provisions of section 12, the central government may, by order, confer upon the state commission the functions relating to human rights being discharged by the union territories, 7other than union territory of delhi, union territory of jammu and kashmir and union territory of ladakh. 8 the functions relating to human rights in case of 8union territory of delhi, union territory of jammu and kashmir and union territory of ladakh shall be dealt with by the commission. 1. subs. by act 43 of , s. 12, for subsection 2 w.e.f. . 2. subs. by act 19 of , s. 5, for chief justice w.e.f. . 3. subs. by act 19 of , s. 5, for shall exercise such powers and discharge such functions of the state commission as it may delegate to him w.e.f. . 4. the second proviso omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 5. ins. by act 43 of , s. 12 w.e.f. . 6. ins. by act 19 of , s. 5 w.e.f. . 7. subs. by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e, for other than union territory of delhi dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 8. subs. by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e, for union territory of delhi and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 22. of the protection of human rights act : 22. appointment of chairperson and 1 members of state commission.1 the chairperson and 1 members shall be appointed by the governor by warrant under his hand and seal: provided that every appointment under this subsection shall be made after obtaining the recommendation of a committee consisting of a the chief minister chairperson b speaker of the legislative assembly member c minister incharge of the department of home in that state member d leader of the opposition in the legislative assembly member: provided further that where there is a legislative council in a state, the chairman of that council and the leader of the opposition in that council shall also be members of the committee: provided also that no sitting judge of a high court or a sitting district judge shall be appointed except after consultation with the chief justice of the high court of the concerned state. 2 no appointment of a chairperson or a member of the state commission shall be invalid merely by reason of 2 any vacancy of any member in the committee referred to in subsection 1. 1. subs. by s. 13, ibid., for other members w.e.f. . 2. subs. by s. 13, ibid., for any vacancy in the committee w.e.f. .

section 28. of the protection of human rights act : 1 the state commission shall submit an annual report to the state government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report. 2 the state government shall cause the annual and special reports of the state commission to be laid before each house of state legislature where it consists of two houses, or where such legislature consists of one house, before that house along with a memorandum of action taken or proposed to be taken on the recommendations of the state commission and the reasons for nonacceptance of the recommendations, if any.

section 23. of the protection of human rights act : 1 23. resignation and removal of chairperson or a member of the state commission. 2 1 the chairperson or a member of a state commission may, by notice in writing under his hand addressed to the governor, resign his office. 1a subject to the provisions of subsection 2, the chairperson or any member of the state commission shall only be removed from his office by order of the president on the ground of proved misbehaviour or incapacity after the supreme court, on a reference being made to it by the president, has, on inquiry held in accordance with the procedure prescribed in that behalf by the supreme court, reported that the chairperson or such member, as the case may be, ought on any such ground to be removed. 2 notwithstanding anything in 3 subsection 1a the president may by order remove from office the chairperson or any 4 member if the chairperson or such 4member, as the case may be, a is adjudged an insolvent or b engages during his term of office in any paid employment outside the duties of his office or c is unfit to continue in office by reason of infirmity of mind or body or d is of unsound mind and stands so declared by a competent court e is convicted and sentenced to imprisonment for an offence which in the opinion of the president involves moral turpitude. 1. subs. by s. 14, ibid., for removal of a member of the state commission w.e.f. . 2. subs. by s. 14, ibid., for subsection 1 w.e.f. . 3. subs. by s. 14, ibid., for subsection 1 w.e.f. . 4. subs. by s. 14, ibid., for other member w.e.f. .

section 24. of the protection of human rights act : 124. term of office of chairperson and members of the state commission.1 a person appointed as chairperson shall hold office for a term of 2three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier 3and shall be eligible for reappointment. 2 a person appointed as a member shall hold office for a term of 2three years from the date on which he enters upon his office and shall be eligible for reappointment 4: provided that no member shall hold office after he has attained the age of seventy years. 3 on ceasing to hold office, a chairperson or a member shall be ineligible for further employment under the government of a state or under the government of india. 1. subs. by act 43 of , s. 15, for section 24 w.e.f. . 2. subs. by act 19 of , s. 6, for five years w.e.f. . 3. ins. by s. 6, ibid. w.e.f. . 4. the words for another term of five years omitted by act 19 of , s. 6 w.e.f. .

section 25. of the protection of human rights act : 1 in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the governor may, by notification, authorise one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancy. 2 when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, such one of the members as the governor may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties.

section 26. of the protection of human rights act : 1 26. terms and conditions of service of chairperson and members of state commission. the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and members shall be such as may be prescribed by the state government: provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member shall be varied to his disadvantage after his appointment. 1. subs. by s.16, ibid., for section 26 w.e.f. .

section 27. of the protection of human rights act : 1 the state government shall make available to the commission a an officer not below the rank of a secretary to the state government who shall be the secretary of the state commission and b such police and investigative staff under an officer not below the rank of an inspector general of police and such other officers and staff as may be necessary for the efficient performance of the functions of the state commission. 2 subject to such rules as may be made by the state government in this behalf, the state commission may appoint such other administrative, technical and scientific staff as it may consider necessary. 3 the salaries, allowances and conditions of service of the officers and other staff appointed under subsection 2 shall be such as may be prescribed by the state government.

section 30. of the protection of human rights act : for the purpose of providing speedy trial of offences arising out of violation of human rights, the state government may, with the concurrence of the chief justice of the high court, by notification, specify for each district a court of session to be a human rights court to try the said offences: provided that nothing in this section shall apply if a a court of session is already specified as a special court or b a special court is already constituted, for such offences under any other law for the time being in force.

section 29. of the protection of human rights act : the provisions of sections 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall apply to a state commission and shall have effect, subject to the following modifications, namely: a references to commission shall be construed as references to state commission b in section 10, in subsection 3, for the word secretarygeneral, the word secretary shall be substituted c in section 12, clause f shall be omitted d in section 17, in clause i, the words central government or any shall be omitted.

section 31. of the protection of human rights act : for every human rights court, the state government shall, by notification, specify a public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a special public prosecutor for the purpose of conducting cases in that court.

section 32. of the protection of human rights act : 1 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act. 2 the commission may spend such sums as it thinks fit for performing the functions under this act, and such sums shall be treated as expenditure payable out of the grants referred to in subsection 1.

section 38. of the protection of human rights act : no suit or other legal proceeding shall lie against the central government, state government, commission, the state commission or any member thereof or any person acting under the direction either of the central government, state government, commission or the state commission in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or any order made thereunder or in respect of the publication by or under the authority of the central government, state government, commission or the state commission of any report, paper or proceedings.

section 33. of the protection of human rights act : 1 the state government shall, after due, appropriation made by legislature by law in this behalf, pay to the state commission by way of grants such sums of money as the state government may think fit for being utilised for the purposes of this act. 2 the state commission may spend such sums as it thinks fit for performing the functions under chapter v, and such sums shall be treated as expenditure payable out of the grants referred to in subsection 1.

section 34. of the protection of human rights act : 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission. 4 the accounts of the commission, as certified by the comptroller and auditorgeneral or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the commission and the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament.

section 35. of the protection of human rights act : 1 the state commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the state government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the state commission shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the state commission to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the state commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the state commission. 4 the accounts of the state commission, as certified by the comptroller and auditorgeneral or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the state government by the state commission and the state government shall cause the audit report to be laid, as soon as may be after it is received, before the state legislature.

section 39. of the protection of human rights act : every member of the commission, state commission and every officer appointed or authorised by the commission or the state commission to exercise functions under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 36. of the protection of human rights act : show related subordinates 1 the commission shall not inquire into any matter which is pending before a state commission or any other commission duly constituted under any law for the time being in force. 2 the commission or the state commission shall not inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.

section 37. of the protection of human rights act : notwithstanding anything contained in any other law for the time being in force, where the government considers it necessary so to do, it may constitute one or more special investigation teams, consisting of such police officers as it thinks necessary for purposes of investigation and prosecution of offences arising out of violations of human rights.

section 40. of the protection of human rights act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salaries and allowances and other terms and conditions of service of the 1 chairperson and members under section 8 b the conditions subject to which other administrative, technical and scientific staff may be appointed by the commission and the salaries and allowances of officers and other staff under subsection 3 of section 11 c any other power of a civil court required to be prescribed under clause f of subsection 1 of section 13 d the form in which the annual statement of accounts is to be prepared by the commission under subsection 1 of section 34 and e any other matter which has to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 43 of , s.17, for members w.e.f. .

section 40a. of the protection of human rights act : 1 40a. power to make rules retrospectively.the power to make rules under clause b of subsection 2 of section 40 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 1. ins. by act 49 of , s. 2 w.e.f. .

section 43. of the protection of human rights act : 1 the protection of human rights ordinance, ord. 30 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 40b. of the protection of human rights act : 1 40b. power of commission to make regulations.1 subject to the provisions of this act and the rules made thereunder, the commission may, with the previous approval of the central government, by notification, make regulations to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the procedure to be followed by the commission under subsection 2 of section 10 b the returns and statistics to be furnished by the state commissions c any other matter which has to be, or may be, specified by regulations. 3 every regulation made by the commission under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 43 of , s. 18 w.e.f. .

section 41. of the protection of human rights act : 1 the state government may, by notification, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salaries and allowances and other terms and conditions of service of 1 the chairperson and members under section 26 b the conditions subject to which other administrative, technical and scientific staff may be appointed by the state commission and the salaries and allowances of officers and other staff under subsection 3 of section 27 c the form in which the annual statement of accounts is to be prepared under subsection 1 of section 35. 3 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house. 1. subs. act 43 of , s. 19, for the members w.e.f.

section 42. of the protection of human rights act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the coasting vessels act : 1 such certificate of registry shall be sealed with the seal of the 2government of india, and shall be signed by the person authorised to make such registry. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 2. subs. by the a. o. , for east india company.

section 1. of the coasting vessels act : 11. extent.this act extends in the first instance 2to the territories which, immediately before the 1st november, , were comprised in the states of bombay, saurashtra and kutch, but the central government may, by notification in the official gazette, extend it to any other state 3or part of a state which has a seacoast. 1. ins. by s. 4, ibid. s.1 was rep. by act 14 of , s. 1 and the schedule, pt. ii. 2. subs. by the adaptation of laws no. 2 order, , for to the states. 3. ins., ibid.

section 7. replacing lost certificate. of the coasting vessels act : 1 the owner or owners of every such vessel employed as aforesaid, fishingvessel and harbourcraft shall apply for and obtain a certificate of registry from the person authorised to make such registry as aforesaid, and such certificate shall be in the form specified in the schedule appended to this act and in the case of any certificate being lost or destroyed, a renewed certificate may be obtained in the same manner and on payment of the fees hereinafter mentioned. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i.

section 3. of the coasting vessels act : 1 every such vessel employed as aforesaid, fishingvessel and harbourcraft shall be marked or branded with the name of the place to which she belongs, and also with a number assigned for the same by the officer authorised to make such registry as is hereinafter mentioned. owner to paint name and numberand the owner or owners of such vessel employed s aforesaid, fishingvessel and harbourcraft shall cause such name and number to be panted in black paint upon a white ground on each quarter of such vessel employed or aforesaid fishingvessel and harbourcraft, in english figures and letters, each figure anti letter being six inches in length. 1. the words and it is hereby enacted, that rep. by act. 16 of , s. 1 and the schedule, pt. i.

section 2. of the coasting vessels act : 2 the following rules shall be in force with respect to vessels belonging to 3any citizen of india 4, and employed on the coasts of 5any state 1or part of a state to which this act extends or in trading coastwise, as also with respect to fishingvessels and harbourcraft belonging to 6any such citizen. 1. the words and figures and it is hereby enacted, that from the said first day of november, rep. by act 16 of , s. 1 and the schedule, pt. i. 2. subs. by the a. o. , for any of her majestys subjects. 3. the words residing within the state of bombay omitted by act 22 of , s. 5. 4. subs. by s. 5, ibid., for the said state. 5. ins., ibid. 6. subs. by the a. o. , for any of the same her majestys subjects.

section 9.. of the coasting vessels act : dates for commencement of certificate and registration. rep. by the repealing act, 12 of , s. 1 and sch., pt. i.

section 10. of the coasting vessels act : 110. fees for certificates.the owner or owners of such vessels employed as aforesaid fishingvessels and harbourcraft being excepted on being registered as aforesaid, shall pay for each certificate of registry for a vessel not exceeding 5 tons burthen, the fee of . . .1 rupee for each certificate for a vessel exceeding 5 tons burthen and not exceeding 25 tons burthen, the fee of . . . . . . . . . . . . . . .5 rupees for each certificate for a vessel exceeding 25 tons burthen and not exceeding 100 tons burthen, the fee of. . . . . . . . . . . . . . . . . . 7 rupees and for each certificate for a vessel of 100 tons or greater burthen, per ton, the fee of . . 2 annas. 1. subs. by act 22 of , s. 8, for section 10.

section 4. of the coasting vessels act : 1 the name and number of every such vessels employed as aforesaid, fishingvessel and harbourcraft, and her burthen, and also the name or names of the owner or owners thereof, shall be registered in a took to be kept for that purpose by the person hereinafter directed to make such registry. registry by whom to be made, fresh registration.at bombay such registry shall be made by the 2principal officer, mercantile marine department, and at other places 3 by the collector of seacustoms at such places respectively, or by such other person as shall be appointed by the 4central government to act at such places respectively, in the execution of this act and whenever any change shall take place in the burthen of such vessel employed as aforesaid, fishingvessel or harbourcraft, or in the name or names of the owner or owners thereof, such registry shall be made again: provided, however, that it shall not be lawful to give any name to such vessel employed as aforesaid, fishingvessel or harbourcraft, other than that by which she was first registered. 1. the words and it is hereby enacted, that rep. by act. 16 of , s. 1 and the schedule, pt. i. 2. subs. by the a. o. as amended by c. o. 29, dated , for masterattendant w.e.f. . 3. the words within the said state omitted by act 22 of , s. 6. 4. subs. by the a. o. , for government of bombay.

section 5. of the coasting vessels act : 1 the owner or owners of every such vessel employed as aforesaid, fishingvessel and harbourcraft shall apply to the person authorised to make such registry in respect of the same, in order to have such registry as aforesaid made, or in order to have such registry made again as aforesaid. information of registry at subordinate port.and whenever such vessel employed as aforesaid, fishingvessel or harbourcraft is registered at a subordinate port, information thereof, and of the number there assigned to her, shall immediately be given by the registering officer to the 2principal officer, mercantile marine department at bombay. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 2. subs. by a.o. as amended by c. o. 29, dated , for masterattendent w.e.f. 26 .

section 6. of the coasting vessels act : 1 the duty of marking or branding and of ascertaining the burthen of such vessels employed as aforesaid, fishingvessels and harbourcraft, at bombay, shall be performed by the 2principal officer, mercantile marine department and at all other places 3 the duty of marking or branding and of ascertaining the burthen of such vessels employed as aforesaid, fishingvessels and harbourcraft shall be performed by the collector of seacustoms at such places respectively, or by such other persons as shall be appointed by the 4central government to act at such places respectively, in the execution of this act. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 2. subs. by a.o. as amended by c. o. 29, dated , for masterattendent w.e.f. 26 . 3. the words within the state of bombay omitted by act 22 of , s. 7. 4. subs. by the a. o. , for government of bombay.

section 14. of the coasting vessels act : 1 the 2central government may direct compensation for trouble and diligence in seizing such vessel employed as aforesaid, fishingvessel or harbourcraft, guns, furniture, tackle, ammunition and apparel, as last mentioned, to be made, out of the proceeds of such seizure to the person or persons who shall have seized the same, to such amount, in such manner and in such shares or proportions, as to the said 3central government shall seem meet. 1. subs. by a.o. , for provicial. 2. subs. by the a. o. , for governor of bombay in council. 3. subs., ibid., for governor in council.

section 15.. of the coasting vessels act : portclearance. rep. partly by the repealing act, 16 of , s. 1 and sch., pt. i, and partly by the repealing act, 12 of , s. 1 and sch., pt. i.

section 11. of the coasting vessels act : 1 the person or persons so authorised to make such registry as aforesaid shall receive the fees payable for the same, and shall pay such fees to such officer as 2the central government shall appoint the same to be carried to the credit of 3the central government: 4provided that any such fees as immediately before the commencement of 5the constitution were, under this act as then in force to be carried to the credit of the 6 7state government shall be paid to such officer as the 7state government may appoint and be carried to the credit of that government. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 2. subs. by the a. o. , for the governor of bombay in council. 3. subs., ibid., for the government of bombay. 4. ins., ibid. 5. subs. by the a. o. , for part iii of the government of india act, . 6. subs. ibid., for local government. 7. subs. by a.o. , for provicial.

section 12. of the coasting vessels act : 1 the owner or owners or commander of every such vessel employed as aforesaid, fishingvessel and harbourcraft shall produce, on demand thereof by any officer of the customs 2 or by any officer of the 3 navy, the certificate so directed to be applied for and obtained, in respect of such vessel employed as aforesaid, fishingvessel or harbourcraft, as above mentioned. 1. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 2. the words within the said state omitted by act 22 of , s. 6. 3. the word indian rep. by act 12 of , s. 1 and the schedule., pt. i.

section 13. of the coasting vessels act : 1 incase any such vessel employed as aforesaid, fishingvessel or harbourcraft shall not be so marked or branded in all respects as hereinbefore directed, or in case the name and number of any such vessel employed as afored said, fishingvessel or harbourcraft shall not be so painted, or shall not continue so painted on such vessel employed as aforesaid, fishingvessel or harbourcraft, in all respects as herein before directed or in case any such vessel employed as aforesaid, fishingvessel or harbourcraft shall not be furnished with such certificate as hereinbefore specified, or in case the owner or owners or commander of any such vessel employed as aforesaid, fishingvessel or harbourcraft shall not produce such certificate on demand thereof as hereinbefore directed the owner or owners of every such vessel employed as aforesaid shall be subject to a fine of ten times the amount of the fees payable in respect of the certificate of registry of such vessel, the same being a vessel for the certificate of the registration of which any fee is payable and the owner or owners of any such fishingvessel or harbourcraft shall be subject to a fine of ten rupees recovery of penaltieswhich fines may be recovered on conviction before any magistrate 3 having jurisdiction, 2 by sale of such vessel, fishingvessel or harbourcraft, her furniture, ammunition, tackle and apparel penalty on repetition of defaultand such fines shall be payable as often as the owner or owners or commander of any such vessel employed as aforesaid, fishingvessel or harbourcraft shall make such default as aforesaid: provided every such subsequent default be made after the expiration of one month from the date of the last conviction. 1. subs. by a.o. , for provicial. 2. the words and it is hereby enacted, that rep. by act 16 of , s. 1 and the schedule, pt. i. 3. the words justice of the peace, or person exercising the powers of a magistrate rep. by act 12 of , s. 1 and the schedule, pt. i.

section 8. of the land improvement loans act : a written order under the hand of an officer empowered to make loans under this act granting a loan to, or with the consent of, a person mentioned therein, for the purpose of carrying out a work described therein, for the benefit of land specified therein, shall, for the purposes of this act, be conclusive evidence a that the work described is an improvement within the meaning of this act b that the person mentioned had at the date of the order a right to make such an improvement and c that the improvement is one benefiting the land specified.

section 9. of the land improvement loans act : when a loan is made under this act to the members of a villagecommunity or to any other persons on such terms that all of them are jointly and severally bound to the government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed by each of them and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.

section 1. of the land improvement loans act : 1 this act may be called the land improvement loans act, . 2 local extent. commencement.it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states, but shall not come into force in any part of 2 the territories to which this act extends until such date as the state government 3 may, by notification in the official gazette, appoint in this behalf. state amendment maharashtra extension of acts no. xix of and no. xii of to hyderabad and saurashtra area of the state of bombay.the land improvement loan act, and the agriculturists loans act, , xix of , are hereby extended to and shall be, in virtue of such extension, in force in the hyderabad and saurashtra area of the state of bombay. vide bombay act xxvii of , s. 2 maharashtra consequential and other amendments to act xix of .in section 1, to subsection 2 the following proviso shall be added, namely: provided that on the commencement of the land improvement loans and agriculturists loans extension and amendment act, , this act shall also extend to and be in force in, the hyderabad and saurashtra areas of the state of bombay. vide bombay act xxvii of , s. 3 1. subs. by the adaptation of laws no. 2 order, , for part b states. 2. subs., ibid., for a part a state or a part c state . 3. the words with the previous sanction of the g.g. in c, rep. by act 8 of , s. 2.

section 10. of the land improvement loans act : the state government 1 may, from time to time, by notification in the official gazette, make rules consistent with this act to provide for the following matters, namely: a the manner of making applications for loans b the officers by whom loans may be granted c the manner of conducting inquiries relative to applications for loans, and the powers to be exercised by officers conducting those inquiries d the nature of the security to be taken for the due application and repayment of the money, the rate of interest at which, and the conditions under which, loans may be granted, and the manner and time of granting loans e the inspection of works for which loans have been granted f the instalments by which, and the mode in which, loans, the interest to be charged on them and the costs incurred in the making thereof, shall be paid g the manner of keeping and auditing the accounts of the expenditure of loans and of the payments made in respect of the same and h all other matters pertaining to the working of the act. 1.the words subject to the control of the g.g. in c, omitted by act 4 of , s. 2 and the schedule, part i.

section 2. of the land improvement loans act : 1 the land improvement act, , and act xxi of an act to amend the land improvement act, , shall, except as regards the recovery of advances made before this act comes into force and costs incurred by the government in respect of such advances, be r epealed. 2 when in any act, regulation or notification passed or issued before this act comes into force, reference is made to either of those acts, the reference shall, so far as may be practicable, be read as applying to this act or the corresponding p art of this act.

section 6. of the land improvement loans act : 1 every loan granted under this act shall be repayable by instalments in the form of an annuity or otherwise, within such period from the date of the actual advance of the loan, or, when the loan is advanced in instalments, 1from the date of the advance of the last instalment actually paid as may, from time to time, be fixed by the rules made under this act. 2 the period fixed as aforesaid shall not ordinarily exceed thirtyfive years. 3 the state government 2, in making 3 the rules fixing the period, shall, in considering whether the period should extend to thirtyfive years, or whether it should extend beyond thirtyfive years, have regard to the durability of the work for the purpose of which the loan is granted, and to the expediency of the cost of the work being paid by the generation of persons who will immediately benefit by the work. 1. subs. by act 18 of , s. 2, for from the date of the actual advance of the last instalment. 2. the words and g. g. in c. omitted by act 8 of , s. 3. 3. the words and sanctioning omitted by s. 3. ibid.

section 11. of the land improvement loans act : when land is improved with the aid of a loan granted under this act, the increase in value derived from the improvement shall not be taken into account in revising the assessment of landrevenue on the land: provided as follows 1 where the improvement consists of the reclamation of wasteland, or of the irrigation of land assessed at unirrigated rates, the increase may be so taken into account after the expiration of such period as may be fixed by rules to be framed by the state government 1 2 nothing in this section shall entitle any person to call in question any assessment of landrevenue otherwise than as it might have been called in question if this act had not been passed.

section 3. of the land improvement loans act : in this act, collector 1means the collector of landrevenue of a district, or the deputy commissioner, or any officer empowered by the state government by name or by virtue of his office to discharge the functions of a collector under this act. 1. cf. the definition in s. 3 10 of the general clauses act, 10 of .

section 4. of the land improvement loans act : 1 subject to such rules as may be made under section 10, loans may be granted under this act, by such officer as may, from time to time, be empowered in this behalf by the state government, for the purpose of making any improvement, to any person having a right to make that improvement, or, with the consent of that person, to any other person. 2 improvement means any work which adds to the letting value of land, and includes the following, namely: a the construction of wells, tanks and other works for the storage, supply or distribution of water for the purposes of agriculture, or for the use of men and cattle employed in agriculture b the preparation of land for irrigation c the drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or wasteland which is culturable d the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes e the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto and f such other works as the state government 1 may, from time to time, by notification in the official gazette, declare to be improvements for the purposes of this act. state amendment maharashtra in section 4, in subsection 2, for the words any work which adds to the letting value of land the words in relation, to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held shall be substituted. vide bombay act xxvii of , s. 3 1. the words with the previous sanction of the g. g. in c. omitted by act 8 of , s. 2.

section 7. of the land improvement loans act : 1 subject to such rules as may be made under section 10, all loans granted under this act, all interest if any chargeable thereon, and costs if any incurred in making the same, shall, when they become due, be recoverable by the collector in all or any of the following modes, namely: a from the borroweras if they were arrears of landrevenue due by him b from his surety if anyas if they were arrears of landrevenue due by him c out of the land for the benefit of which the loan has been grantedas if they were arrears of landrevenue due in respect of that land d out of the property comprised in the collateral security if anyaccording to the procedure for the realization of landrevenue by the sale of immovable property other than the land on which that revenue is due: provided that no proceeding in respect of any land under clause c shall affect any interest in that land which existed before the date of the order granting the loan, other than the interest of the borrower, and of mortgagees of, or persons having charges on, that interest, and, where the loan is granted under section 4 with the consent of another person, the interest of that person, and of mortgagees of, or persons having charges on, that interest. 2 when any sum due on account of any such loan, interest or costs is paid to the collector by a surety or an owner of property comprised in any collateral security, or is recovered under subsection 1 by the collector from a surety or out of any such property, the collector shall, on the application of the surety or the owner of that property as the case may be, recover that sum on his behalf from the borrower, or out of the land for the benefit of which the loan has been granted, in manner provided by subsection 1. 3 it shall be in the discretion of a collector acting under this section to determine the order in which he will resort to the various modes of recovery permitted by it.

section 5. of the land improvement loans act : 1 when an application for a loan is made under this act, the officer to whom the application is made may, if it is, in his opinion, expedient that public notice be given of the application, publish a notice, in such manner as the state government may, from time to time, direct, calling upon all persons objecting to the loan to appear before him at a time and place fixed therein and submit their objections. 2 the officer shall consider every objection submitted under subsection 1, and make an order in writing either admitting or overruling it: provided that, when the question raised by an objection is, in the opinion of the officer, one of such a nature that it cannot be satisfactorily decided except by a civil court, he shall postpone his proceedings on the application until the question has been so decided.

section 12. of the land improvement loans act : 112. certain powers of state government to be exercisable by board of revenue or financial commissioner.the powers conferred on a state government by sections 4 1, 5 1 and 10 may, in a state for which there is a board of revenue or a financial commissioner, be exercised in the like manner and subject to the like conditions by such board or financial commissioner, as the case may be: provided that rules made by a board of revenue or financial commissioner shall be subject to the control of the state government. 1. s. 12 ins. by act 4 of , s. 2 and sch., pt. i. the original s. 12 had been rep. by act 16 of . the application of this section has been barred in u.p. by the u.p. board of revenue act, u.p. 12 of .

section 8. of the bengal military police act . : a person sentenced under this act to imprisonment for a period not exceeding three months shall, when he is also dismissed from the bengal police force, be imprisoned in the nearest or such other jail as the local government may, by general or special order, direct but, when he is not also dismissed from that force, he may, if the convicting officer or district magistrate so directs, be confined in the quarterguard or such other place as the convicting officer or district magistrate may consider suitable.

section 4. of the bengal military police act . : 1 there may be all or any of the following classes of military policeofficers, which shall take rank in the order mentioned, namely: i subadarsmajor, ii subadars, iii jamadars, iv havildarsmajor, v havildars, iv naiks, vii buglers, and viii sepoys, and such grades in each class as the local government may direct. 2 the expression superior officer in this act means in relation to any policeofficer a any officer of a higher class than or of a higher grade in the same class as himself, and b any secondincommand, commandant or district magistrate.

section 9. of the bengal military police act . : 1 nothing in this act shall prevent any person from being prosecuted under act v of , or under any order or rule made under that act or under any other enactment for the time being in force for any act or omission punishable hereunder, or from being liable if so prosecuted to any other or higher penalty than is provided for that act or omission by this act: 2 provided that no person shall be punished twice for the same offence.

section 10. of the bengal military police act . : notwithstanding anything in act v of or in any other enactment for the time being in force, the local government may invest any policeofficer not below the rank of commandant with the powers of magistrate of any class for the purpose of enquiring into or trying any offence committed by a military policeofficer and punishable under act v of or this act.

section 7. of the bengal military police act . : 1 a district magistrate, commandant or secondincommand, or an officer not being below the rank of subadar commanding a separate detachment or an outpost or in temporary command at the headquarters of a district during the absence of the district magistrate, commandant and secondincommand, may, without a formal trial, award to any military policeofficer who is subject to his authority any of the following punishments for the commission of any petty offence against discipline which is not otherwise provided for in this act, or which is not of a sufficiently serious nature to call for a prosecution before a criminal court, that is to say a imprisonment to the extent of seven days in the quarterguard or such other place as may be considered suitable, with forfeiture of all pay and allowances during its continuance b punishment drill, extra guard, fatigue, or other duty, not exceeding thirty days in duration, with or without confinement to quarters. 2 any one of these punishments may be awarded separately or in combination with any one or more of the others.

section 2. of the bengal military police act . : in this act, unless there is something repugnant in the subject or context, 1 military policeofficer means a person appointed to the bengal police force under section 7 of act v of , who has signed the statement in the schedule to this act, in accordance with the provisions of this act: 2 active service means service against hostile tribes or other persons in the filed: 3 district magistrate includes a deputy commissioner, an assistant commissioner in charge of a subdivision, and the superintendent of the south lushai hill: 4 commandant means a person appointed by the local government to be a commandant of military police and includes a district superintendent of police and an assistant district superintendent of police in charge of the civil police of a district or of a subdivision: 5 secondincommand means a person appointed by the local government to be a secondincommand of military police, and includes an assistant district superintendent of police not in charge of the civil police of a district or of a subdivision: and 6 the expression reason to believe, criminal force, assault, fraudulently and voluntarily causing hurt have the meaning assigned to them respectively in the indian penal code xv of .

section 3. of the bengal military police act . : 1 before an officer appointed to the bengal police force under section 7 of act v of is appointed to be a military policeofficer, the statement in the schedule shall be read and if necessary explained to him in the presence of a magistrate, commandant or secondincommand, and shall be signed by him in acknowledgment of its having been so read to him. 2 notwithstanding any notice given under section 9 of act v of , a military policeofficer shall not be entitled to be discharged from the bengal police force except in accordance with the terms of the statement which he has signed under this act.

section 12. of the bengal military police act . : a commandant or secondincommand of military police shall be entitled to all the privileges which a policeofficer has under sections 42 and 43 of act v of , section 125 of the indian evidence act, i of , and any other enactment for the time being in force.

section 1. of the bengal military police act . : 1 this act may be called the bengal military police act, . 2 it extends to the whole of the territories subject to the lieutenantgovernor of bengal: and 3 it shall come into force on such day as the local government may, by notification in the calcutta gazette, appoint in this behalf.

section 5. of the bengal military police act . : a military policeofficer who a begins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny or sedition, does not use his utmost endeavors to suppress it, or, knowing or having reason to believe in the existence of any mutiny, or of any intention to mutiny, does not without delay give information thereof to his commanding or other superior officer or b uses, or attempts to use, criminal force to or commits an assault on, his superior officer, whether on or off duty or c shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to his charge or which it is his duty to defend or d directly or indirectly holds correspondence with, or assists or relieves, any person in arms against the state, or omits to discover immediately to his commanding or other superior officer any such correspondence coming to his knowledge: or who, while on active service, e disobeys the lawful command of his superior officer or f deserts the service or g being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave or h without authority leaves his commanding officer, or his post or party, to go in search of plunder or i quits his guard, picquet, party or patrol without being regularly relieved or without leave or j uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys or damages any property of any kind or k intentionally causes or spreads a false alarm in action, camp, garrison or quarters, shall be punished with transportation for life or for a term of not less than seven years, or with imprisonment for a term much may extend to fourteen years, or with fine which may extend to three months pay, or with fine to that extent in addition to such sentence of transportation or imprisonment, as the case may be, as may be passed upon him under this section.

section 6. of the bengal military police act . : a military policeofficer who a is in a state of, intoxication when on or for any duty or on parade or on the line of march or b strikes or attempts to force any sentry or, c being in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed to his charge, or without proper authority releases any prisoner, or negligently suffers any prisoner to escape or, d being under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper authority or e is grossly insubordinate or insolent to his superior officer in the execution of his office or f refuses to superintend or assist in the making of any fieldwork or other work of any description ordered to be made either in quarters or in the field or g strikes or otherwise illuses any military policeofficer subordinate to him in rank or position or h being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible to the injured person and to report the case to the proper authority or i designedly or through neglect injures or loses, or fraudulently disposes of, his arms, clothes, tools, equipments, ammunition, accoutrements or military police necessaries, or any such articles entrusted to him or belonging to any other person or j malingers, or feigns or produces disease or infirmity in himself, or intentionally delays his cure, or aggravates his disease or infirmity or k with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person or who, while not on active service, l disobeys the lawful command of his superior officer or m plunders, destroys or damages any property of any kind or n being a sentry, sleeps upon his post or quits it without being regularly relieved or without leave or o deserts the service shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to three months pay, or with both.

section 13. of the bengal military police act . : the local government may, as regards the military police make such orders and rules consistent with this act as it thinks expedient.

section 11. of the bengal military police act . : subject to such rules as the local government may make in this behalf, a commandant or secondin command of military police shall have, with respect to policeofficers appointed to the bengal police force under section 7 of act v of , who are not military policeofficers, the same disciplinary powers as a district superintendent of police has with respect to them under that section.

section 7. of the recovery of debts and bankruptcy act : show related subordinates 1 the central government shall provide the tribunal 1with one or more recovery officers and such other officers and employees as that government may think fit. 2 2the recovery officers and other officers and employees of a tribunal shall discharge their functions under the general superintendence of the presiding officer. 3 the salaries and allowances and other conditions of service of the 3recovery officers and other officers and employees of a tribunal shall be such as may be prescribed. 1 subs. by act 1 of , s. 4, for with a recovery officer w.e.f. . 2 subs. by s. 4, ibid., for the recovery officer w.e.f. . 3 subs. by s. 4, ibid., for recovery officer w.e.f. .

section 1. of the recovery of debts and bankruptcy act : show related subordinates 1 this act may be called the recovery of debts 1and bankruptcy act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 24th day of june, . 4 2save as otherwise provided, the provisions of this code act shall not apply where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than ten lakh rupees or such other amount, being not less than one lakh rupees, as the central government may, by notification, specify. 1. subs. by act 31 of , s. 249 and the fifth schedule, for due to banks and financial institutions w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh. 2.subs, by s. 249 and the fifth schedule, ibid for the provision of this code w.e.f. .

section 6a. of the recovery of debts and bankruptcy act : 16a. qualifications, terms and conditions of service of presiding officer. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the presiding officer of the tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 7 of , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 179 w.e.f. . 2. subs. by act 33 of , s. 18, for part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of section 184 of that act w.e.f. .

section 2. of the recovery of debts and bankruptcy act : in this act, unless the context otherwise requires, a appellate tribunal means an appellate tribunal established under subsection 1 of section 8 b application means an application made to a tribunal under section 19 c appointed day, in relation to a tribunal or an appellate tribunal, means the date on which such tribunal is established under subsection 1 of section 3 or, as the case may be, subsection 1 of section 8 d bank means i banking company ii a corresponding new bank iii state bank of india iv a subsidiary bank or v a regional rural bank 1vi a multistate cooperative bank e banking company shall have the meaning assigned to it in clause c of section 5 of the banking regulation act, 10 of 2ea chairperson means a chairperson of an appellate tribunal appointed under section 9 f corresponding new bank shall have the meaning assigned to it in clause da of section 5 of the banking regulation act, 10 of 3g debt means any liability inclusive of interest which is claimed as due from any person 4or a pooled investment vehicle as defined in clause da of section 2 of the securities contracts regulation act, 42 of by a bank or a financial institution or by a consortium of banks or financial institutions during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application 5and includes any liability towards debt securities which remains unpaid in full or part after notice of ninety days served upon the borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of debt securities or 6ga debt securities means debt securities listed in accordance with regulations made by the securities exchange board of india under the securities and exchange board of india act, 15 of h financial institution means i a public financial institution within the meaning of section 4a of the companies act, 1 of 7ia the securitisation company or reconstruction company which has obtained a certificate of registration under subsection 4 of section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of 8ib a debenture trustee registered with the board and appointed for secured debt securities ii such other institution as the central government may, having regard to its business activity and the area of its operation in india, by notification, specify 9ha financial lease means a lease under a lease agreement of tangible asset, other than negotiable instrument or negotiable document, for transfer of lessors right therein to the lessee for a certain time in consideration of payment of agreed amount periodically and where lessee becomes the owner of the such assets at the expiry of the term of lease or on payment of the agreed residual amount, as the case may be i notification means a notification published in the official gazette j prescribed means prescribed by rules made under this act 10ja presiding officer means the presiding officer of the debts recovery tribunal appointed under subsection 1 of section 4 11jb property means a immovable property b movable property c any debt or any right to receive payment of money, whether secured or unsecured d receivables, whether existing or future e intangible assets, being knowhow, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature, as may be prescribed by the central government in consultation with reserve bank k recovery officer means a recovery officer appointed by the central government for each tribunal under subsection 1 of section 7 l regional rural bank means a regional rural bank established under section 3 of the regional rural banks act, 21 of 12la secured creditor shall have the meaning as assigned to it in clause zd of subsection 1 of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of lb security interest means mortgage, charge, hypothecation, assignment or any other right, title or interest of any kind whatsoever upon property, created in favour of any bank or financial institution and includes a such right, title or interest upon tangible asset, retained by the bank or financial institution as owner of the property, given on hire or financial lease or conditional sale which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or any credit provided to enable the borrower to acquire the tangible asset or b such right, title or interest in any intangible asset or licence of any intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit extended to enable the borrower to acquire the intangible asset or licence of intangible asset m state bank of india means the state bank of india constituted under section 3 of the state bank of india act, 23 of n subsidiary bank shall have the meaning assigned to it in clause k of section 2 of the state bank of india subsidiary banks act, 38 of o tribunal means the tribunal established under subsection 1 of section 3. 1 ins. by act 1 of , s. 12 w.e.f. . 2 ins. by act 1 of , s. 3 w.e.f. . 3 subs. by s. 3, ibid., for clause g w.e.f . 4 ins. by act 13 of , s. 160 w.e.f. . 5 ins. by act 44 of , s. 26 w.e.f. . 6 ins. by act 30 of , s. 19 w.e.f. . 7 ins. by act 1 of , s. 3 w.e.f. .

section 3. of the recovery of debts and bankruptcy act : 1 the central government shall, by notification, establish one or more tribunals, to be known as the debts recovery tribunal, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act. 11athe central government shall by notification establish such number of debts recovery tribunals and its benches as it may consider necessary, to exercise the jurisdiction, powers and authority of the adjudicating authority conferred on such tribunal by or under the insolvency and bankruptcy code, 31 of . 2 the central government shall also specify, in the notification referred to in subsection 1, the areas within which the tribunal may exercise jurisdiction for entertaining and deciding the applications filed before it. 1 ins. by act 31 of , s. 249 and the fifth schedule w.e.f. .

section 8. of the recovery of debts and bankruptcy act : 1 the central government shall, by notification, establish one or more appellate tribunals, to be known as the debts recovery appellate tribunal, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act: 1provided that the central government may authorise the chairperson of any other appellate tribunal, established under any other law for the time being in force, to discharge the functions of the chairperson of the debts recovery appellate tribunal under this act in addition to his being the chairperson of that appellate tribunal. 21a the central government shall, by notification, establish such number of debt recovery appellate tribunals to exercise jurisdiction, powers and authority to entertain appeal against the order made by the adjudicating authority under part iii of the insolvency and bankruptcy code, 31 of . 2 the central government shall also specify in the notification, referred to in subsection 1 the tribunals in relation to which the appellate tribunal may exercise jurisdiction. 33 notwithstanding anything contained in subsections 1 and 2, the central government may authorise the chairperson of one appellate tribunal to discharge also the functions of the chairperson of other appellate tribunal. 1 ins. by act 44 of , s. 29 w.e.f. . 2 ins. by act 31 of , s. 249 and the fifth schedule w.e.f. . 3 ins. by act 1 of , s. 5 w.e.f. .

section 9. of the recovery of debts and bankruptcy act : show related subordinates an appellate tribunal shall consist of one person only hereinafter referred to as 1the chairperson of the appellate tribunal to be appointed, by notification, by the central government. 1 . subs. by s. 2, ibid., for the presiding officer of the appellate tribunal w.e.f. .

section 4. of the recovery of debts and bankruptcy act : show related subordinates 1 a tribunal shall consist of one person only hereinafter referred to as the presiding officer to be appointed, by notification, by the central government. 12 notwithstanding anything contained in subsection 1, the central government may a authorise the presiding officer of any other tribunal established under any other law for the time being in force to discharge the function of the presiding officer of a debt recovery tribunal under this act in addition to his being the presiding officer of that tribunal or b authorise the judicial member holding post as such in any other tribunal, established under any other law for the time being in force, to discharge the functions of the presiding officer of debts recovery tribunal under this act, in addition to his being the judicial member of that tribunal. 1 subs. by act 44 of , s. 27, for subsection 2 w.e.f. .

section 6. of the recovery of debts and bankruptcy act : 16. term of office of presiding officer. the presiding officer of a tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment: provided that no person shall hold office as the presiding officer of a tribunal after he has attained the age of sixtyfive years. 1 subs. by s. 28, ibid., for section 6 w.e.f. .

section 11. of the recovery of debts and bankruptcy act : 111. term of office of chairperson of appellate tribunal. the chairperson of an appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment: provided that no person shall hold office as the chairperson of a appellate tribunal after he has attained the age of seventy years. 1 subs. by act 44 of , s. 30, for section 11 w.e.f. .

section 13. of the recovery of debts and bankruptcy act : show related subordinates the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, 1the presiding officer of a tribunal or the chairperson of an appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of 2the presiding officer of a tribunal or the chairperson of an appellate tribunal shall be varied to his disadvantage after appointment. 1 subs. by act 1 of , s. 2, for the presiding officer of a tribunal or an appellate tribunal w.e.f. . 2 subs. by s. 6, ibid., for the said presiding officers shall be varied to their w.e.f. .

section 5. of the recovery of debts and bankruptcy act : a person shall not be qualified for appointment as the presiding officer of a tribunal unless he is, or has been, or is qualified to be, a district judge.

section 15. of the recovery of debts and bankruptcy act : show related subordinates 1 1the presiding officer of a tribunal or the chairperson of an appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: provided that 2the presiding officer of a tribunal or the chairperson of an appellate tribunal shall, shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 2 1the presiding officer of a tribunal or the chairperson of an appellate tribunal shall not be removed from his office except by an order made by the central government on the ground of proved misbehaviour or incapacity after inquiry, a in the case of the presiding officer of a tribunal, made by a judge of a high court b in the case of 3the chairperson of an appellate tribunal, made by a judge of the supreme court, in which 4the presiding officer of a tribunal or the chairperson of an appellate tribunal has been informed of the charges against him and given a reasonable opportunity of being heard in respect of these charges: 5provided that the central government, during the pendency of the inquiry against the presiding officer or a chairperson, as the case may be, may, after consulting the chairperson of the selection committee constituted for selection of presiding officer or chairperson, pass an order suspending the presiding officer or the chairperson, if it is satisfied that he should cease to discharge his functions as a presiding officer or chairperson, as the case may be. 3 the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of 6the presiding officer of a tribunal or the chairperson of an appellate tribunal. 1 subs. by act 1 of , s. 2, for the presiding officer of a tribunal or an appellate tribunal w.e.f. . 2 subs. by s. 7, ibid., for the said presiding officer w.e.f. . 3 subs. by s. 2, ibid., for the presiding officer of an appellate tribunal w.e.f. . 4 subs. by s. 7, ibid., for the presiding officer concerned w.e.f. . 5 ins. by act 1 of , s. 13 w.e.f. . 6 subs. by act 1 of , s. 7, for the aforesaid presiding officer w.e.f. .

section 10. of the recovery of debts and bankruptcy act : 10. qualifications for appointment as 1the chairperson of the appellate tribunal. a person shall not be qualified for appointment as 2the chairperson of an appellate tribunal unless he a is, or has been, or is qualified to be, a judge of a high court or b has been a member of the indian legal service and has held a post in grade i of that service for at least three years or c has held office as the presiding officer of a tribunal for at least three years. 1 subs. by s. 2, ibid., for the presiding officer of the appellate tribunal w.e.f. . 2 subs. by s. 2, ibid., for the presiding officer of an appellate tribunal w.e.f. .

section 12. of the recovery of debts and bankruptcy act : show related subordinates the provisions of section 7 except those relating to recovery officer shall, so far as may be, apply to an appellate tribunal as they apply to a tribunal and accordingly references in that section to tribunal shall be construed as references to appellate tribunal and references to recovery officer shall be deemed to have been omitted.

section 14. of the recovery of debts and bankruptcy act : if, for any reason other than temporary absence, any vacancy occurs in the office of 1the presiding officer of a tribunal or the chairperson of an appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the tribunal or the appellate tribunal from the stage at which the vacancy is filled. 1 . subs. by s. 2, ibid., for the presiding officer of a tribunal or an appellate tribunal w.e.f. .

section 15a. of the recovery of debts and bankruptcy act : 115a. qualifications, terms and conditions of service of chairperson. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the chairperson of the appellate tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairperson appointed before the commencement of part xiv of chapter vi of the finance act, 7 of , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 179 w.e.f. . 2.subs. by act 33 of , s. 18, for part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of section 184 of that act w.e.f. .

section 16. of the recovery of debts and bankruptcy act : no order of the central government appointing any person as 1the presiding officer of a tribunal or the chairperson of an appellate tribunal shall be called in question in any manner, and no act or proceeding before a tribunal or an appellate tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a tribunal or an appellate tribunal. 1 subs. by act 1 of , s. 2, for the presiding officer of a tribunal or an appellate tribunal w.e.f. .

section 20. of the recovery of debts and bankruptcy act : 1 save as provided in subsection 2, any person aggrieved by an order made, or deemed to have been made, by a tribunal under this act, may prefer an appeal to an appellate tribunal having jurisdiction in the matter. 2 no appeal shall lie to the appellate tribunal from an order made by a tribunal with the consent of the parties. 3 every appeal under subsection 1 shall be filed within a period of 1thirty days from the date on which a copy of the order made, or deemed to have been made, by the tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of 1thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, 2 or under subsection 1 of section 181 of the insolvency and bankruptcy code, 31 of the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned tribunal. 6 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1 subs. by act 44 of , s. 34, for fortyfive days w.e.f. . 2 ins. by act 31 of , s. 249 and the fifth schedule w.e.f. .

section 17. of the recovery of debts and bankruptcy act : 1 a tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts due to such banks and financial institutions. 11a without prejudice to subsection 1, a the tribunal shall exercise, on and from the date to be appointed by the central government, the jurisdiction, powers and authority to entertain and decide applications under part iii of insolvency and bankruptcy code, 31 of . b the tribunal shall have circuit sittings in all district headquarters. 2 an appellate tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain appeals against any order made, or deemed to have been made, by a tribunal under this act. 22a without prejudice to subsection 2, the appellate tribunal shall exercise, on and from the date to be appointed by the central government, the jurisdiction, powers and authority to entertain appeals against the order made by the adjudicating authority under part iii of the insolvency and bankruptcy code, 31 of . 1. ins. by act 31 of , s. 249 and the fifth schedule w.e.f. . 2. ins. by act 31 of , s. 249 and the fifth schedule w.e.f. .

section 17a. of the recovery of debts and bankruptcy act : 117a. power of chairperson of appellate tribunal. 1 the chairperson of an appellate tribunal shall exercise general power of superintendence and control over the tribunals under his jurisdiction including the power of appraising the work and recording the annual confidential reports of presiding officers. 21a for the purpose of exercise of general powers of superintendence and control over tribunals under subsection 1, the chairperson may i direct the tribunals to furnish, in such form, at such intervals and within such time, information relating to pending cases both under this act and the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of , or under any other law for the time being in force, number of cases disposed of, number of new cases filed and such other information as may be considered necessary by the chairperson ii convene meetings of the presiding officers of tribunals periodically to review their performance. 1b where on assessment of the performance of any presiding officer of the tribunal or otherwise, the chairperson is of the opinion that an inquiry is required to be initiated against such presiding officer for misbehaviour or incapacity, he shall submit a report to the central government recommending action against such presiding officer, if any, under section 15, and for reasons to be recorded in writing for the same. 2 the chairperson of an appellate tribunal having jurisdiction over the tribunals may, on the application of any of the parties or on his own motion after notice to the parties and after hearing them, transfer any case from one tribunal for disposal to any other tribunal. 1 ins. by act 1 of , s. 8 w.e.f. . 2 ins. by act 44 of , s. 31 w.e.f.

section 21. of the recovery of debts and bankruptcy act : where an appeal is preferred by any person from whom the amount of debt is due to a bank or a financial institution or a consortium of banks or financial institutions, such appeal shall not be entertained by the appellate tribunal unless such person has deposited with the appellate tribunal 1fifty per cent. of the amount of debt so due from him as determined by the tribunal under section 19: provided that the appellate tribunal may, for reasons to be recorded in writing, 2reduce the amount to be deposited by such amount which shall not be less than twentyfive per cent. of the amount of such debt so due to be deposited under this section. 1 subs. by act 44 of , s. 35, for seventyfive per cent. w.e.f. . 2 subs. by s. 35, ibid., for waive or reduce the amount w.e.f. .

section 18. of the recovery of debts and bankruptcy act : on and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority except the supreme court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution in relation to the matters specified in section 17: 1provided that any proceedings in relation to the recovery of debts due to any multistate cooperative bank pending before the date of commencement of the enforcement of security interest and recovery of debts laws amendment act, 1 of under the multistate cooperative societies act, 39 of shall be continued and nothing contained in this section shall, after such commencement, apply to such proceedings. 1 ins. by act 1 of , s. 14 w.e.f. .

section 19a. of the recovery of debts and bankruptcy act : 119a. filing of recovery applications, documents and written statements in electronic form. 1 notwithstanding anything to the contrary contained in this act, and without prejudice to the provisions contained in section 6 of the information technology act, 21 of , the central government may by rules provide that from such date and before such tribunal and appellate tribunal, as may be notified, a application or written statement or any other pleadings and the documents to be annexed thereto required to be filed shall be submitted in the electronic form and authenticated with digital signature of the applicant, defendant or any other petitioner in such form and manner as may be prescribed b any summons, notice or communication or intimation as may be required to be served or delivered under this act, may be served or delivered by transmission of pleadings and documents by electronic form and authenticated in such manner as may be prescribed. 2 any interim or final order passed by the tribunal or appellate tribunal displayed on the website of such tribunal or appellate tribunal shall be deemed to be a public notice of such order and transmission of such order by electronic mail to the registered address of the parties to the proceeding shall be deemed to be served on such party. 3 the central government may by rules provide that the electronic form for the purpose specified in this section shall be exclusive, or in the alternative or in addition to the physical form, therefor. 4 the tribunal or the appellate tribunal notified under subsection 1, for the purpose of adopting electronic filing, shall maintain its own website or common website with other tribunals and appellate tribunal or such other universally accessible repositories of electronic information and ensure that all orders or directions issued by the tribunal or appellate tribunal are displayed on the website of the tribunal or appellate tribunal, in such manner as may be prescribed. explanation. for the purpose of this section, a digital signature means the digital signature as defined under clause p of section 2 of the information technology act, 21 of b electronic form with reference to an information or a document means the electronic form as defined under clause r of section 2 of the information technology act, 21 of . 19a. the application made to tribunal for exercising the powers of the adjudicating authority under the insolvency and bankruptcy code, shall be dealt with in the manner as provided under that code.. 1 ins. by s. 33, ibid. w.e.f. . .ins. by act 31 of , s. 249 and the fifth schedule w.e.f. in so far as it relates to personal guarantors to corporate debtors.

section 19. of the recovery of debts and bankruptcy act : 119. application to the tribunal. 1 where a bank or a financial institution has to recover any debt from any person, it may make an application to the tribunal within the local limits of whose jurisdiction 2a the branch or any other office of the bank or financial institution is maintaining an account in which debt claimed is outstanding, for the time being or 3aa the defendant, or each of the defendants where there are more than one, at the time of making the application, actually and voluntarily resides, or carries on business, or personally works for gain or b any of the defendants, where there are more than one, at the time of making the application, actually and voluntarily resides, or carries on business, or personally works for gain or c the cause of action, wholly or in part, arises: 4provided that the bank or financial institution may, with the permission of the debts recovery tribunal, on an application made by it, withdraw the application, whether made before or after the enforcement of security interest and recovery of debts laws amendment act, 30 of for the purpose of taking action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of , if no such action had been taken earlier under that act: provided further that any application made under the first proviso for seeking permission from the debts recovery tribunal to withdraw the application made under subsection 1 shall be dealt with by it as expeditiously as possible and disposed of within thirty days from the date of such application: provided also that in case the debts recovery tribunal refuses to grant permission for withdrawal of the application filed under this subsection, it shall pass such orders after recording the reasons therefor. 51a every bank being, multistate cooperative bank referred to in subclause vi of clause d of section 2, may, at its option, opt to initiate proceedings under the multistate cooperative societies act, 39 of to recover debts, whether due before or after the date of commencement of the enforcement of the security interest and recovery of debts laws amendment act, 1 of from any person instead of making an application under this chapter. 1b in case, a bank being, multistate cooperative bank referred to in subclause vi of clause d of section 2 has filed an application under this chapter and subsequently opts to withdraw the application for the purpose of initiating proceeding under the multistate cooperative societies act, 39 of to recover debts, it may do so with the permission of the tribunal and every such application seeking permission from the tribunal to withdraw the application made under subsection 1a shall be dealt with by it as expeditiously as possible and disposed of within thirty days from the date of such application: provided that in case the tribunal refuses to grant permission for withdrawal of the application filed under this subsection, it shall pass such orders after recording the reasons therefor. 2 where a bank or a financial institution, which has to recover its debt from any person, has filed an application to the tribunal under subsection 1 and against the same person another bank or financial institution also has claim to recover its debt, then, the later bank or financial institution may join the applicant bank or financial institution at any stage of the proceedings, before the final order is passed, by making an application to that tribunal. 63 every application under subsection 1 or subsection 2 shall be in such form, and shall be accompanied with true copies of all documents relied on in support of the claim along with such fee, as may be prescribed: provided that the fee may be prescribed having regard to the amount of debt to be recovered: provided further that nothing contained in this subsection relating to fee shall apply to cases transferred to the tribunal under subsection 1 of section 31. 7explanation. for the purposes of this section, documents includes statement of account or any entry in bankers book duly certified under the bankers books evidence act, 18 of . 83a every applicant in the application filed under subsection 1 or subsection 2 for recovery of debt, shall a state particulars of the debt secured by security interest over properties or assets belonging to any of the defendants and the estimated value of such securities b if the estimated value of securities is not sufficient to satisfy the debt claimed, state particulars of any other properties or assets owned by any of the defendants, if any and c if the estimated value of such other assets is not sufficient to recover the debt, seek an order directing the defendant to disclose to the tribunal particulars of other properties or assets owned by the defendants. 9103b if any application filed before the tribunal for recovery of any debt is settled prior to the commencement of the hearing before that tribunal or at any stage of the proceedings before the final order is passed, the applicant may be granted refund to the fees paid by him at such rates as may be prescribed. 114 on receipt of application under subsection 1 or subsection 2, the tribunal shall issue summons with following directions to the defendant i to show cause within thirty days of the service of summons as to why relief prayed for should not be granted ii direct the defendant to disclose particulars of properties or assets other than properties and assets specified by the applicant under clauses a and b of subsection 3a and iii to restrain the defendant from dealing with or disposing of such assets and properties disclosed under clause c of subsection 3a pending the hearing and disposal of the application for attachment of properties. 124a notwithstanding anything contained in section 65a of the transfer of property act, 4 of , the defendant, on service of summons, shall not transfer by way of sale, lease or otherwise except in the ordinary course of his business any of the assets over which security interest is created and other properties and assets specified or disclosed under subsection 3a, without the prior approval of the tribunal: provided that the tribunal shall not grant such approval without giving notice to the applicant bank or financial institution to show cause as to why approval prayed for should not be granted: provided further that defendant shall be liable to account for the sale proceeds realised by sale of secured assets in the ordinary course of business and deposit such sale proceeds in the account maintained with the bank or financial institution holding security interest over such assets. 135 i the defendant shall within a period of thirty days from the date of service of summons, present a written statement of his defence including claim for setoff under subsection 6 or a counterclaim under subsection 8, if any, and such written statement shall be accompanied with original documents or true copies thereof with the leave of the tribunal, relied on by the defendant in his defence: provided that where the defendant fails to file the written statement within the said period of thirty days, the presiding officer may, in exceptional cases and in special circumstances to be recorded in writing, extend the said period by such further period not exceeding fifteen days to file the written statement of his defence ii where the defendant makes a disclosure of any property or asset pursuant to orders passed by the tribunal, the provisions of subsection 4a of this section shall apply to such property or asset iii in case of noncompliance of any order made under clause ii of subsection 4, the presiding officer may, by an order, direct that the person or officer who is in default, be detained in civil prison for a term not exceeding three months unless in the meantime the presiding officer directs his release: provided that the presiding officer shall not pass an order under this clause without giving an opportunity of being heard to such person or officer. explanation. for the purpose of this section, the expression officer who is in default shall mean such officer as defined in clause 60 of section 2 of the companies act, 18 of . 145a on receipt of the written statement of defendant or on expiry of time granted by the tribunal to file the written statement, the tribunal shall fix a date of hearing for admission or denial of documents produced by the parties to the proceedings and also for continuation or vacation of the interim order passed under subsection 4. 5b where a defendant makes an admission of the full or part of the amount of debt due to a bank or financial institution, the tribunal shall order such defendant to pay the amount, to the extent of the admission within a period of thirty days from the date of such order failing which the tribunal may issue a certificate in accordance with the provisions of subsection 22 to the extent of the amount of debt due admitted by the defendant. 6 where the defendant claims to setoff against the applicants demand any ascertained sum of money legally recoverable by him from such applicant, the defendant may, at the first hearing of the application, but not afterwards unless permitted by the tribunal, present a written statement containing the particulars of the debt 15the debt sought to be setoff along with original documents and other evidence relied on in support of claim of setoff in relation to any ascertained sum of money, against the applicant. 7 the written statement shall have the same effect as a plaint in a crosssuit so as to enable the tribunal to pass a final order in respect both of the original claim and of the setoff. 8 a defendant in an application may, in addition to his right of pleading a setoff under subsection 6, set up, by way of counterclaim against the claim of the applicant, any right or claim in respect of a cause of action accruing to the defendant against the applicant either before or after the filing of the application but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counterclaim is in the nature of a claim for damages or not. 9 a counterclaim under subsection 8 shall have the same effect as a crosssuit so as to enable the tribunal to pass a final order on the same application, both on the original claim and on the counterclaim. 10 the applicant shall be at liberty to file a written statement in answer to the counterclaim of the defendant within such period 16as may be prescribed. 1710a every application under subsection 3 or written statement of defendant under subsection 5 or claim of setoff under subsection 6 or a counterclaim under subsection 8 by the defendant, or written statement by the applicant in reply to the counterclaim, under subsection 10 or any other pleading whatsoever, shall be supported by an affidavit sworn in by the applicant or defendant verifying all the facts and pleadings, the statements pleading documents and other documentary evidence annexed to the application or written statement or reply to setoff or counterclaim, as the case may be: provided that if there is any evidence of witnesses to be led by any party, the affidavits of such witnesses shall be filed simultaneously by the party with the application or written statement or replies filed under subsection 10a. 10b if any of the facts or pleadings in the application or written statement are not verified in the manner provided under subsection 10a, a party to the proceedings shall not be allowed to rely on such facts or pleadings as evidence or any of the matters set out therein. 1811 where a defendant sets up a counterclaim in the written statement and in reply to such claim the applicant contends that the claim thereby raised ought not to be disposed of by way of counterclaim but in an independent action, the tribunal shall decide such issue along with the claim of the applicant for recovery of the debt. 19 13 a where, at any stage of the proceedings, 20the tribunal on an application made by the applicant along with particulars of property to be attached and estimated value thereof, or otherwise is satisfied, that the defendant, with intent to obstruct or delay or frustrate the execution of any order for the recovery of debt that may be passed against him, i is about to dispose of the whole or any part of his property or ii is about to remove the whole or any part of his property from the local limits of the jurisdiction of the tribunal or iii is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest, the tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the certificate for the recovery of the debt, or to appear and show cause why he should not furnish security. b where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the tribunal, the tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for the recovery of debt. 21 15 the tribunal may also in the order direct the conditional attachment of the whole or any portion of the property specified under 22subsection 13. 16 if an order of attachment is made without complying with the provisions of subsection 13, such attachment shall be void. 17 in the case of disobedience of an order made by the tribunal under subsections 12, 13 and 18 or breach of any of the terms on which the order was made, the tribunal may order the properties of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the tribunal directs his release. 18 where it appears to the tribunal to be just and convenient, the tribunal may, by order a appoint a receiver of any property, whether before or after grant of certificate for recovery of debt b remove any person from the possession or custody of the property c commit the same to the possession, custody or management of the receiver d confer upon the receiver all such powers, as to bringing and defending suits in the courts or filing and defending applications before the tribunal and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the tribunal thinks fit and e appoint a commissioner for preparation of an inventory of the properties of the defendant or for the sale thereof. 2319 where a certificate of recovery is issued against a company as defined under the companies act, 18 of and such company is under liquidation, the tribunal may by an order direct that the sale proceeds of secured assets of such company be distributed in the same manner as provided in section 326 of the companies act, or under any other law for the time being in force. 2420 the tribunal may, after giving the applicant and the defendant, an opportunity of being heard, in respect of all claims, setoff or counterclaim, if any, and interest on such claims, within thirty days from the date of conclusion of the hearings, pass interim or final order as it deems fit which may include order for payment of interest from the date on which payment of the amount is found due up to the date of realisation or actual payment. 2520a where it is proved to the satisfaction of the tribunal that the claim of the applicant has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties or where the defendant has repaid or agreed to repay the claim of the applicant, the tribunal shall pass orders recording such agreement, compromise or satisfaction of the claim. 2620aa while passing the final order under subsection 20, the tribunal shall clearly specify the assets of the borrower which security interest is created in favour of any bank or financial institution and direct the recovery officers to distribute the sale proceeds of such assets as provided in subsection 20ab. 20ab notwithstanding anything to the contrary contained in any law for the time being in force, the proceeds from sale of secured assets shall be distributed in the following orders of priority, namely: i the costs incurred for preservation and protection of secured assets, the costs of valuation, public notice for possession and auction and other expenses for sale of assets shall be paid in full ii debts owed to the bank or financial institution. explanation. for the purposes of this subsection, it is hereby clarified that on or after the commencement of the insolvency and bankruptcy code, 31 of , in cases where insolvency and bankruptcy proceedings are pending in respect of secured assets of the borrower, the distribution of proceeds from the sale of secured assets shall be subject to the order of priority as provided in that code. 2721 i the tribunal shall send a copy of its final order and the recovery certificate, to the applicant applicant and defendant. ii the applicant and the defendant may obtain copy of any order passed by the tribunal on payment on such fee as may be prescribed. 2822 the presiding officer shall issue a certificate of recovery along with the final order, under subsection 20, for payment of debt with interest under his signature to the recovery officer for recovery of the amount of debt specified in the certificate. 2922a any recovery certificate issued by the presiding officer under subsection 22 shall be deemed to be decree or order of the court for the purposes of initiation of winding up proceedings against a company registered under the companies act, 18 of or limited liability partnership registered under the limited liability partnership act, 6 of or insolvency proceedings against any individual or partnership firm under any law for the time being in force, as the case may be. 23 where the tribunal, which has issued a certificate of recovery, is satisfied that the property is situated within the local limits of the jurisdiction of two or more tribunals, it may send the copies of the certificate of recovery for execution to such other tribunals where the property is situated: provided that in a case where the tribunal to which the certificate of recovery is sent for execution finds that it has no jurisdiction to comply with the certificate of recovery, it shall return the same to the tribunal which has issued it. 24 the application made to the tribunal under subsection 1 or subsection 2 shall be dealt with by it as expeditiously as possible and 30every effort shall be made by it to complete the proceedings in two hearings, and to dispose of the application finally within one hundred and eighty days from the date of receipt of the application. 25 the tribunal may made such orders and give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. 1 subs. by act 1 of , s. 9, for section 19 w.e.f. . 2 ins. by act 44 of , s. 32 w.e.f. . 3 clause a renumbered as clause aa thereof by s. 32, ibid. w.e.f. . 4 ins. by act 30 of , s. 20 w.e.f. . 5 ins. by act 1 of , s. 15 w.e.f. . 6 subs. by act 44 of , s. 32, for subsection 3 w.e.f. . 7 ins. by s. 32, ibid. w.e.f. . 8 ins. by act 1 of , s. 15 w.e.f. . 9 subsection 3a renumbered as subsection 3b thereof by act 44 of , s. 32 w.e.f. . 10 subs. by act 44 of , s. 32, for subsection 4 w.e.f. . 11 ins. by s. 32, ibid. w.e.f. . 12 subs. by s. 32, ibid., for subsection 5 w.e.f. . 13 subs. by act 44 of , s. 32, for subsection 5a w.e.f. . 14 subs. by s. 32, ibid., for the dept sought to be setoff w.e.f. . 15 subs. by s. 32, ibid., for as may be fixed by the tribunal w.e.f. . 16 ins. by s. 32, ibid. w.e.f. . 17 subs. by act 44 of , s. 32, for subsection 11 w.e.f. . 18 subs. by s. 32, ibid., for the tribunal is satisfied, by affidavit or otherwise w.e.f. . 19. omitted by s. 32, ibid. w.e.f. 20 subs. by s. 32, ibid., for subsection 14 w.e.f. . 21 subs. by act 44 of , s. 32, for subsection 19 w.e.f. . 22. omitted by s. 32, ibid. w.e.f. 23 subs. by s. 32, ibid., for subsection 20 w.e.f. . 24 ins. by act 1 of , s. 15 w.e.f. . 25 ins. by act 44 of , s. 32 w.e.f. . 26 subs. by s. 32, ibid., for subsection 21 w.e.f. . 27 subs. by s. 32, ibid., for subsection 22 w.e.f. . 28 ins. by s. 32, ibid. w.e.f. . 29 subs. by act 44 of , s. 32, for endeavour shall be made by it w.e.f. .

section 22. of the recovery of debts and bankruptcy act : 1 the tribunal and the appellate tribunal shall not be bound the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the tribunal and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. 2 the tribunal and the appellate tribunal shall have, for the purposes of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g setting aside any order of dismissal of any application for default or any order passed by it ex parte h any other matter which may be prescribed. 3 any proceeding before the tribunal or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of and the tribunal or the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 14 for the purpose of proof of any entry in the bankers books, the provisions of the bankers books evidence act, 18 of shall apply to all the proceedings before the tribunal or appellate tribunal. 1 ins. by act 44 of , s. 36 w.e.f. .

section 28. of the recovery of debts and bankruptcy act : 1 where a certificate has been issued to the recovery officer under subsection 7 of section 19, the recovery officer may, without prejudice to the modes of recovery specified in section 25, recover the amount of debt by any one or more of the modes provided under this section. 2 if any amount is due from any person to the defendant, the recovery officer may require such person to deduct from the said amount, the amount of debt due from the defendant under this act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the recovery officer: provided that nothing in this subsection shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 5 of . 3 i the recovery officer may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the defendant or to any person who holds or may subsequently hold money for or on account of the defendant, to pay to the recovery officer either forthwith upon the money becoming due or being held or within the time specified in the notice not being before the money becomes due or is held so much of the money as is sufficient to pay the amount of debt due from the defendant or the whole of the money when it is equal to or less than that amount. ii a notice under this subsection may be issued to any person who holds or may subsequently hold any money for or on account of the defendant jointly with any other person and for the purposes of this subsection, the shares of the joint holders in such amount shall be presumed, until the contrary is proved, to be equal. iii a copy of the notice shall be forwarded to the defendant at his last address known to the recovery officer and in the case of a joint account to all the joint holders at their last addresses known to the recovery officer. iv save as otherwise provided in this subsection, every person to whom a notice is issued under this subsection shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank, financial institution, or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like to be made before the payment is made notwithstanding any rule, practice or requirement to the contrary. v any claim respecting any property in relation to which a notice under this subsection has been issued arising after the date of the notice shall be void as against any demand contained in the notice. vi where a person to whom a notice under this subsection is sent objects to it by a statement on oath that the sum demanded or the part thereof is not due to the defendant or that he does not hold any money for or on account of the defendant, then, nothing contained in this subsection shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the recovery officer to the extent of his own liability to the defendant on the date of the notice, or to the extent of the defendants liability for any sum due under this act, whichever is less. vii the recovery officer may, at any time or from time to time, amend or revoke any notice under this subsection or extend the time for making any payment in pursuance of such notice. viii the recovery officer shall grant a receipt for any amount paid in compliance with a notice issued under this subsection, and the person so paying shall be fully discharged from his liability to the defendant to the extent of the amount so paid. ix any person discharging any liability to the defendant after the receipt of a notice under this subsection shall be personally liable to the recovery officer to the extent of his own liability to the defendant so discharged or to the extent of the defendants liability for any debt due under this act, whichever is less. x if the person to whom a notice under this subsection is sent fails to make payment in pursuance thereof to the recovery officer, he shall be deemed to be a defendant in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were a debt due from him, in the manner provided in sections 25, 26 and 27 and the notice shall have the same effect as an attachment of a debt by the recovery officer in exercise of his powers under section 25. 4 the recovery officer may apply to the court in whose custody there is money belonging to the defendant for payment to him of the entire amount of such money, or if it is more than the amount of debt due, an amount sufficient to discharge the amount of debt so due. 14a the recovery officer may, by order, at any stage of the execution of the certificate of recovery, require any person, and in case of a company, any of its officers against whom or which the certificate of recovery is issued, to declare on affidavit the particulars of his or its assets. 5 the recovery officer may recover any amount of debt due from the defendant by distraint and sale of his movable property in the manner laid down in the third schedule to the incometax act, 43 of . 1 ins. by act 1 of , s. 11 w.e.f. .

section 22a. of the recovery of debts and bankruptcy act : 122a. uniform procedure for conduct of proceedings. the central government may, for the purpose of this act, by rules, lay down uniform procedure consistent with the provisions of this act for conducting the proceedings before the tribunals and appellate tribunals. 1 ins. by s. 37, ibid. w.e.f. .

section 23. of the recovery of debts and bankruptcy act : 1 a bank or a financial institution making an application to a tribunal or an appeal to an appellate tribunal may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case before the tribunal or the appellate tribunal. 2 the defendant may either appear in person or authorise one or more legal practitioners or any of his or its officers to present his or its case before the tribunal or the appellate tribunal.

section 24. of the recovery of debts and bankruptcy act : the provisions of the limitation act, 36 of , shall, as far as may be, apply to an application made to a tribunal.

section 29. of the recovery of debts and bankruptcy act : the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, , as in force from time to time shall, as far as possible, apply with necessary modifications as if the said provisions and the rules referred to the amount of debt due under this act instead of to the incometax: provided that any reference under the said provisions and the rules to the assessee shall be construed as a reference to the defendant under this act.

section 25. of the recovery of debts and bankruptcy act : the recovery officer shall, on receipt of the copy of the certificate under subsection 7 of section 19, proceed to recover the amount of debt specified in the certificate by one or more of the following modes, namely: a attachment and sale of the movable or immovable property of the defendant 1aa taking possession of property over which security interest is created or any other property of the defendant and appointing receiver for such property and to sell the same b arrest of the defendant and his detention in prison c appointing a receiver for the management of the movable or immovable properties of the defendant 1d any other mode of recovery as may be prescribed by the central government. ins. by s. 38, ibid. w.e.f.

section 26. of the recovery of debts and bankruptcy act : 1 it shall not be open to the defendant to dispute before the recovery officer the correctness of the amount specified in the certificate, and no objection to the certificate on any other ground shall also be entertained by the recovery officer. 2 notwithstanding the issue of a certificate to a recovery officer, the presiding officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending intimation to the recovery officer. 3 the presiding officer shall intimate to the recovery officer any order withdrawing or cancelling a certificate or any correction made by him under subsection 2.

section 27. of the recovery of debts and bankruptcy act : 11 notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the presiding officer, may by an order, grant time for payment of the amount, provided the defendant makes a down payment of not less than twentyfive per cent. of the amount specified in the recovery certificate and gives an unconditional undertaking to pay the balance within a reasonable time, which is acceptable to the applicant bank or financial institution holding recovery certificate. 1a the recovery officer shall, after receipt of the order passed under subsection 1, stay the proceedings until the expiry of the time so granted. 1b where defendant agrees to pay the amount specified in the recovery certificate and proceeding are stayed by the recovery officer, the defendant shall forfeit right to file appeal against the orders of the tribunal. 1c where the defendant commits any default in payment of the amount under subsection 1, the stay of recovery proceedings shall stand withdrawn and the recovery officer shall take steps for recovery of remaining amount of debt due and payable. 2 where a certificate for the recovery of amount has been issued, the presiding officer shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate to the recovery officer. 3 where the order giving rise to a demand of amount for recovery of debt has been modified in appeal, and, as a consequence thereof the demand is reduced, the presiding officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal remains pending. 4 where a certificate for the recovery of debt has been received by the recovery officer and subsequently the amount of the outstanding demands is reduced 2or enhanced as a result of an appeal, the presiding officer shall, when the order which was the subject matter of such appeal has become final and conclusive, amend the certificate or withdraw it, as the case may be. 1 subs. by s. 39, ibid., for subsection 1 w.e.f. . 2 ins. by act 1 of , s. 10 w.e.f. .

section 30. of the recovery of debts and bankruptcy act : 130. appeal against the order of recovery officer. 1 notwithstanding anything contained in section 29, any person aggrieved by an order of the recovery officer made under this act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the tribunal. 2 on receipt of an appeal under subsection 1, the tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the recovery officer in exercise of his powers under sections 25 to 28 both inclusive. 1 subs. by s. 12, ibid., for section 30 w.e.f. .

section 30a. of the recovery of debts and bankruptcy act : 130a. deposit of amount of debt due for filing appeal against orders of the recovery officer. where an appeal is preferred against any order of the recovery officer, under section 30, by any person from whom the amount of debt is due to a bank or financial institution or consortium of banks or financial institutions, such appeal shall not be entertained by the tribunal unless such person has deposited with the tribunal fifty per cent. of the amount of debt due as determined by the tribunal. 1 ins. by act 44 of , s. 40 w.e.f. .

section 34. of the recovery of debts and bankruptcy act : 1 save as provided under subsection 2, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act. 2 the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 15 of , the state financial corporations act, 63 of , the unit trust of india act, 52 of , the industrial reconstruction bank of india act, 62 of , 1the sick industrial companies special provisions act, 1 of and the small industries development bank of india act, 39 of . 1 subs. by act 1 of , s. 16, for and the sick industrial companies special provisions act, w.e.f. .

section 31. of the recovery of debts and bankruptcy act : 1 every suit or other proceeding pending before any court immediately before the date of establishment of a tribunal under this act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such tribunal, shall stand transferred on that date to such tribunal: provided that nothing in this subsection shall apply to any appeal pending as aforesaid before any court: 1provided further that any recovery proceedings in relation to the recovery of debts due to any multistate cooperative bank pending before the date of commencement of the enforcement of security interest and recovery of debts laws amendment act, 1 of under the multistate cooperative societies act, 39 of , shall be continued and nothing contained in this section shall apply to such proceedings. 2 where any suit or other proceeding stands transferred from any court to a tribunal under subsection 1, a the court shall, as soon as may be after such transfer, forward the records of such suit or other proceeding to the tribunal and b the tribunal may, on receipt of such records, proceed to deal with such suit or other proceeding, so far as may be, in the same manner as in the case of an application made under section 19 from the stage which was reached before such transfer or from any earlier stage 2 as the tribunal may deed fit. 1 ins. by act 1 of , s. 16 w.e.f. . 2. the words de novo omitted by act 1 of , s. 13 w.e.f. .

section 31a. of the recovery of debts and bankruptcy act : 131a. power of tribunal to issue certificate of recovery in case of decree or order. 1 where a decree or order was passed by any court before the commencement of the recovery of debts due to banks and financial institutions amendment act, 1 of and has not yet been executed, then, the decreeholder may apply to the tribunal to pass an order for recovery of the amount. 2 on receipt of an application under subsection 1, the tribunal may issue a certificate for recovery to a recovery officer. 3 on receipt of a certificate under subsection 2, the recovery officer shall proceed to recover the amount as if it was a certificate in respect of a debt recoverable under this act. 1 ins. by s. 14, ibid. w.e.f. .

section 35. of the recovery of debts and bankruptcy act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 31b. of the recovery of debts and bankruptcy act : 131b. priority to secured creditors. notwithstanding anything contained in any other law for the time being in force, the rights of secured creditors to realise secured debts due and payable to them by sale of assets over which security interest is created, shall have priority and shall be paid in priority over all other debts and government dues including revenues, taxes, cesses and rates due to the central government, state government or local authority. explanation. for the purposes of this section, it is hereby clarified that on or after the commencement of the insolvency and bankruptcy code, 31 of , in cases where insolvency or bankruptcy proceedings are pending in respect of secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that code. 1 ins. by act 44 of , s. 41 w.e.f. .

section 37. of the recovery of debts and bankruptcy act : 1 the recovery of debts due to banks and financial institutions ordinance, ord. 25 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 32. of the recovery of debts and bankruptcy act : 132. chairperson, presiding officer and staff of appellate tribunal and tribunal to be public servants. the chairperson of an appellate tribunal, the presiding officer of a tribunal, the recovery officer and other officers and employees of an appellate tribunal and a tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1 subs. by act 1 of , s. 15, for section 32 w.e.f.

section 33. of the recovery of debts and bankruptcy act : no suit, prosecution or other legal proceeding shall lie against the central government or against 1the presiding officer of a tribunal or the chairperson of an appellate tribunal or against the recovery officer for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 1 subs. by s. 2, ibid., for the presiding officer of a tribunal or of an appellate tribunal w.e.f.

section 36. of the recovery of debts and bankruptcy act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing powers, such rules may, provide for all or any of the following matters, namely: 1a other business or commercial rights of similar nature under clause jb of section 2 2aa the salaries and allowances and other terms and conditions of service of 4the chairpersons, the presiding officers, recovery officers and other officers and employees of the tribunal and the appellate tribunal under sections 7, 12 and 13 b the procedure for the investigation of misbehaviour or incapacity of 3the chairpersons of appellate tribunals and the presiding officers of the tribunals, under subsection 3 of section 15 c the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application 4ca the form of application and the fee for filing application under subsection 3 of section 19 5cc the rate of fee to be refunded to the applicant under subsection 85 3b of section 19 of the the act 6cca the period for filing written statement under subsection 10 of section 19 ccb the fee for obtaining copy of the order of the tribunal under subsection 21 of section 19 ccc the form and manner of authenticating digital signature under clause a, and the manner of authenticating service or delivery of pleadings and documents under clause b, of subsection 1 of section 19a ccd the form and manner of filing application and other documents in the electronic form under subsection 1 and manner of display of orders of the tribunal and appellate tribunal under subsection 4 of section 19a d the form in which an appeal may be filed before the appellate tribunal under section 20 and the fees payable in respect of such appeal 7da the rules of uniform procedure for conducting the proceedings before the tribunals and appellate tribunals under section 22a db the other mode of recovery under clause d of section 25 e any other matter which is required to be, or may be, prescribed. 83 every notification issued under subsection 4 of section 1, section 3 and section 8 and every rule made by the central government under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or rule or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule. 1 ins. by act 44 of , s. 42 w.e.f. . 2 clause a numbered as clause aa thereof by s. 42, ibid. w.e.f. . 3 subs. by act 1 of , s. 17, for the presiding officers w.e.f. . 4 subs. by s. 17, ibid., for the presiding officers of the tribunals and appellate tribunals w.e.f. . 5 ins. by act 44 of , s. 42 w.e.f. . 6 ins. by act 1 of , s. 17 w.e.f. . 7 subs. by act 44 of , s. 42, for 3a w.e.f. . 8 subs. by act 1 of , s. 17, for subsection 3 w.e.f. .

section 8. of the divorce act : the high court may, whenever it thinks fit, remove and try and determine as a court of original jurisdiction any suit or proceeding instituted under this act in the court of any district judge within the limits of its jurisdiction under this act. power to transfer suits.the high court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the court of any other such district judge.

section 1. of the divorce act : this act may be called the 1 divorce act, and shall come into operation on the first day of april, . 1. the word indian omitted by act 51 of , s. 2 w.e.f. .

section 2. of the divorce act : 1this act extends to 2the whole of india 3except the state of jammu and kashmir. extent of power to grant relief generally. 4nothing hereinafter contained shall authorise any court to grant any relief under this act except where the petitioner 5or respondent professes the christian religion, and to make decrees of dissolution.or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in india at the time when the petition is presented, or of nullity.or to make decrees of nullity of marriage except where the marriage has been solemnized in india and the petitioner is resident in india at the time of presenting the petition, or to grant any relief under this act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in india at the time of presenting the petition. 1. subs. by a.o. , for first paragraph 2. subs by a.o. , for certain words. 3. subs. by act 3 of , s. 3 and the schedule, for except part b states. 4. subs. by act 25 of , s. 2, for paras. 2, 3 and 4. 5. ins. by act 30 of , s. 2. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7.. of the divorce act : court to act on principles of english divorce court.omitted by the indian divorce amendment act, 51 of , s. 4 w.e.f. .

section 4. exception. of the divorce act : the jurisdiction now exercised by the high courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such courts and by the district courts subject to the provisions in this act contained, and not otherwise except so far as relates to the granting of marriagelicenses, which may be granted as if this act had not been passed.

section 9. of the divorce act : when any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this act by a district court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the courts own opinion thereon, to the decision of the high court. if the question has arisen previous to or in the hearing, the district court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the high court upon it. if a decree or order has been made, its execution shall be stayed until the receipt of the order of the high court upon such reference.

section 3. of the divorce act : in this act, unless there be something repugnant in the subject or context, 11 high court. high court means with reference to any area: a in a state, the high court for that state 2b in delhi, the high court of delhi bb in himachal pradesh, the high court of punjab and haryana up to and inclusive of the 30th april, and the high court of delhi thereafter c in manipur and tripura, the high court of assam d in the andaman and nicobar islands, the high court at calcutta e in 3lakshadweep, the high court of kerala 4ee in chandigarh, the high court of punjab and haryana and in the case of any petition under this act, high court means the high court for the area where the husband and wife reside or last resided together 52 district judge means a judge of a principal civil court of original jurisdiction however designated: 3 district court means, in the case of any petition under this act, the court of the district judge within the local limits of whose ordinary jurisdiction, 6or of whose jurisdiction under this act the marriage was solemnized or the husband and wife reside or last resided together 4 court means the high court or the district court, as the case may be 5 minor children means, in the case of sons of native fathers, boy, who have not completed the age of sixteen years, and, in the case of daughters of native fathers, girls who have not completed the age of thirteen years in other cases it means unmarried children who have not completed the age of eighteen years 7 8 8 marriage with another woman means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within 9india or elsewhere 9 desertion, implies an abandonment against the wish of the person charging it and 10 property includes in the case of a wife, any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix. 1. subs. by adaption of laws no. 2 , for clause 1. 2. subs. by the himachal pradesh adaptation of laws on state and concurrent subjects order, , for subclause b w.e.f. 111 . 3. subs. by the laccadive, minicoy and amindivi islands alteration of name adaptation of laws order, , for the laccadive, minicoy and amindivi islands w.e.f. . 4. ins. by the punjab reorganisation chandigarh adaptation of laws on state and concurrent subjects order, w.e.f. . 5. subs. by a.o. , for clause 2. 6. subs. by act 51 of , s. 3, for or of whose jurisdiction under this act w.e.f. . 7. clause 6 omitted by act 51 of , s. 3 w.e.f. . 8. clause 7 omitted by s. 3, ibid, w.e.f. . 9. subs. by the a.o. , for the dominions of her majesty.

section 10. of the divorce act : 110. grounds for dissolution of marriage.1 any marriage solemnized, whether before or after the commencement of the indian divorce amendment act, 51 of , may, on a petition presented to the district court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent i has committed adultery or ii has ceased to be christian by conversion to another religion or iii has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition or 2 v has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form or vi has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive or vii has wilfully refused to consummate the marriage and the marriage has not therefore been consummated or viii has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent or ix has deserted the petitioner for at least two years immediately preceding the presentation of the petition or x has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent. 2 a wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality. 1. subs. by act 51 of , s. 5, for section 10 w.e.f. . 2. clause iv omitted by act 6 of , s. 2 w.e.f. .

section 5. of the divorce act : any decree or order of the late supreme court of judicature at calcutta, madras or bombay sitting on the ecclesiastical side, or of any of the said high courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said high courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this act by the court so enforcing or dealing with the same.

section 10a. of the divorce act : 11 subject to the provisions of this act and the rules made thereunder, a petition for dissolution of marriage may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the indian divorce amendment act, 51 of , on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. 2 on the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in subsection 1 and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree. 1. ins. by act 51 of , s. 6. w.e.f. .

section 6. of the divorce act : all suits and proceedings in causes and matters matrimonial, which when this act comes into operation are pending in any high court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this act.

section 13. of the divorce act : in case the court, on the evidence in relation to any such petition, is satisfied that the petitioners case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the court shall dismiss the petition. 1 1. last paragraph of section 13 omitted by s. 8, ibid. w.e.f. .

section 15. of the divorce act : in any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty, or desertion 1 or, in case of such a suit instituted by a wife, on the ground of 2her adultery or cruelty or desertion, the court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to 3such adultery, cruelty or desertion. 1. the words without reasonable excuse, omitted by s. 10, ibid., w.e.f. . 2. subs. by s. 10, ibid., for her adultery and cruelty w.e.f. . 3. subs. by s. 10, ibid., for such cruelty w.e.f. .

section 11. of the divorce act : 111. adulterer or adulteress to be corespondenton a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a corespondent, unless the petitioner is excused by the court from so doing on any of the following grounds, namely: a that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed b that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it c that the alleged adulterer or adulteress is dead. 1. subs. by s. 7, ibid., for section 11 w.e.f. .

section 12. of the divorce act : upon any such petition for the dissolution of a marriage, the court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner.

section 14. of the divorce act : in case the court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, the court shall pronounce a decree declaring such marriage to be dissolved 1: provided that the court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery, or if the petitioner has, in the opinion of the court, been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery. condonation. no adultery shall be deemed to have been condoned within the meaning of this act unless where conjugal cohabitation has been resumed or continued. 1. the words in the manner and subject to all the provisions and limitation in section 16 and 17 made declared in paragraph 4 of section 14 omitted by act 51 of , s. 9 w.e.f. .

section 17. of the divorce act : 117. power of high court to remove certain suits.during the progress of the suit in the court of the district judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the high court by general or special order from time to time directs, to apply to the high court to remove the suit under section 8, and the court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed or it may direct the district judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to make a decree in accordance with the justice of the case. 1. subs. by s. 12, ibid., for section 17 w.e.f .

section 16. of the divorce act : every decree for dissolution of marriage made by a high court 1 shall in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the high court, by general or special order from time to time, directs. collusion. during that period any person shall be at liberty, in such manner as the high court by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court. on cause being so shown, the court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand. the high court may order the cost of counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property. whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the high court may dismiss the suit. 1. the words not being a confirmation of a decree of a district court omitted by s. 11, ibid., w.e.f. .

section 21. of the divorce act : where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

section 17a.. of the divorce act : appointment of officer to exercise duties of kings proctor.omitted by the indian divorce amendment act, 51 of , s. 13 w.e.f. .

section 23. of the divorce act : application for judicial separation on any one of the grounds aforesaid, may be made by either husband or wife by petition to the district court 1 , and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. 1. the words or to the high court omitted by act 51 of , s. 18 w.e.f. .

section 18. of the divorce act : any husband or wife may present a petition to the district court 1 , praying that his or her marriage may be declared null and void. 1. the words or to the high court omitted by act 51 of , s. 14 w.e.f. .

section 19. of the divorce act : such decree may be made on any of the following grounds: 1 that the respondent was impotent at the time of the marriage and at the time of the institution of the suit 2 that the parties are within the prohibited degree of consanguinity whether natural or legal or affinity 3 that either party was a lunatic or idiot at the time of the marriage 4 that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. nothing in this section shall affect the 1jurisdiction of the district court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. 1. subs. by s. 15, ibid., for jurisdiction of the high court w.e.f. .

section 26. of the divorce act : any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree. the court may, on being satisfied of the truth of the allegations of such petition reverse the decree accordingly but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.

section 20.. of the divorce act : confirmation of district judges decree.omitted by the indian divorce amendment act, 51 of , s. 16 w.e.f. .

section 22.bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or wife of the divorce act : no decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion 1 for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as here in after mentioned. 1. the words without reasonable excuse omitted by s. 17, ibid. w.e.f. .

section 29. of the divorce act : the husband or any creditor of, or person claiming under him, may apply to the court by which such order was made for the discharge or variation thereof, and the court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or vary the order accordingly.

section 24. of the divorce act : in every case of a judicial separation under this act, the wife shall from the date of the sentence, and whilst the separation continues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead: provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.

section 25. of the divorce act : in every case of a judicial separation under this act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.

section 27. of the divorce act : any wife to whom section 4 of the indian succession act, 10 of 1 does not apply, may, when deserted by her husband, present a petition to the district court 2 , at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him. 1. see now the indian succession act, 39 of . 2. the words or the high court omitted by act 51 of , s. 18 w.e.f. .

section 28. of the divorce act : the court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time.

section 30. of the divorce act : if the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife which she is hereby empowered to bring, to return or deliver to her the specific property, and also to pay her a sum equal to double its value.

section 31. of the divorce act : so long as any such order of protection remains in force the wife shall be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this act if she obtained a decree of judicial separation.

section 32. of the divorce act : when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the district court 1 for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 1. the words or the high court omitted by act 51 of , s. 18 w.e.f. .

section 33. of the divorce act : nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity of marriage.

section 34. of the divorce act : husband may claim damages from adulterer.omitted by the indian divorce amendment act, 51 of , s. 19 w.e.f. .

section 35.. of the divorce act : power to order adulterer to pay costs.omitted by s. 20, ibid. w.e.f. .

section 36. of the divorce act : in any suit under this act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection 1the wife may present a petition for expenses of the proceedings and alimony pending the suit. such petition shall be served on the husband and the court, on being satisfied of the truth of the statements therein contained, may make such order on the husband 2for payment to the wife of the expenses of the proceedings and alimony pending the suit alimony pending the suit as it may deem just: 3 4provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband. 1. subs. by act 49 of , s. 2, for the wife may present a petition for alimony pending the suit w.e.f. . 2. subs. by s. 2, ibid., for for payment to the wife of alimony pending the suit w.e.f. . 3. the proviso omitted by act 51 of , s. 21 w.e.f. . 4. ins. by act 49 of , s. 2 w.e.f. .

section 37. of the divorce act : 1where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the district court may order that the husband shall to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune if any, to the ability of the husband, and to the conduct of the parties, it thinks reasonable and for that purpose may cause a proper instrument to be executed by all necessary parties. power to order monthly or weekly payments. in every such case the court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the court may think reasonable: provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the court seems fit. 1. subs. by act 51 of , s. 22, for certain words w.e.f. .

section 38. of the divorce act : in all cases in which the court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the court seem expedient, and may from time to time appoint a new trustee, if it appears to the court expedient so to do.

section 39. of the divorce act : power to order settlement of wifes property for benefit of husband and children.omitted by the indian divorce amendment act, 51 of , s. 23 w.e.f. .

section 40. of the divorce act : 1the district court may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire into the existence of antenuptial or postnuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children if any of the marriage, or of both children and parents, as to the court seems fit: provided that the court shall not make any order for the benefit of the parents or either of them at the expense of the children. 1. subs. by act 51 of , s. 24, for certain words w.e.f. .

section 45. of the divorce act : subject to the provisions herein contained, all proceedings under this act between party and party shall be regulated by the 1code of civil procedure, 5 of . 1. subs. by act 51 of , s. 27, for code of civil procedure w.e.f. .

section 46. of the divorce act : the forms set forth in the schedule to this act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such schedule.

section 41. of the divorce act : in any suit for obtaining a judicial separation the court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said court: 1provided that the application with respect to the maintenance and education of the minor children pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. 1. ins. by act 49 of , s. 3 w.e.f .

section 42. of the divorce act : the court, after a decree of judicial separation, may upon application by petition for this purpose make, from time to time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

section 43. of the divorce act : 1in any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a district court, the court may from time to time before making its decree, make such interim orders as it may deem proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court. 1. subs. by act 51 of , s. 25, for certain words w.e.f. .

section 44. of the divorce act : 1where a decree of dissolution or nullity of marriage has been passed, the district court may, upon application by petition for the purpose, make from time to time all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree absolute or decree as the case may be, or by such interim orders as aforesaid. 1. subs. by, s. 26, ibid., for certain words w.e.f. .

section 47. of the divorce act : every petition under this act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 1 shall 2 state that there is not any collusion or connivance between the petitioner and the other party to the marriage. statements to be verified.the statements contained in every petition under this act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence. 1. the words or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of five rupees, and rep. by act 7 of , s. 2 and the schedule iii. 2. the words in the first, second and third cases mentioned in this section, rep. by act 7 of , s. 2 and the schedule iii.

section 48. of the divorce act : when the husband or wife is a lunatic or idiot, any suit under this act other than a suit for restitution of conjugal rights may be brought on his or her behalf by the committee or other person entitled to his or her custody.

section 54. of the divorce act : the court may, from time to time, adjourn the hearing of any petition under this act, and may require further evidence thereon if it sees fit so to do.

section 49. of the divorce act : where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the court and no petition presented by a minor under this act shall be filed until the next friend has undertaken in writing to be answerable for costs. such undertaking 1 shall be filed in court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit. 1. the words shall bear a stamp of eight annas and rep. by act 7 of , s. 2 and the schedule iii.

section 55. of the divorce act : all decrees and orders made by the court in any suit or proceedings under this act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time being in force: 1 no appeal as to costs.2provided that there shall be no appeal on the subject of costs only. 1. the first proviso omitted by act 51 of , s. 29 w.e.f. . 2. subs. by s. 29, ibid., for provided also w.e.f. .

section 50. of the divorce act : every petition under this act shall be served on the party to be affected thereby, either within or without 1india, in such manner as the high court by general or special order from time to time directs. provided that the court may dispense with such service altogether in case it seems necessary or expedient so to do. 1. subs. by the a.o. , for the provinces, which had been substituted by the a.o. , for british india.

section 56. of the divorce act : any person may appeal to 1the supreme court from any decree other than a decree nisi or order under this act of a high court made on appeal or otherwise, and from any decree other than a decree nisi or order made in the exercise of original jurisdiction by judges of a high court or of any division court from which an appeal shall not lie to the high court, when the high court declares that the case is a fit one for appeal to 1the supreme court. 1. subs. by the a.o. , for her majesty in council.

section 51. of the divorce act : the witnesses in all proceedings before the court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be crossexamined and reexamined, like any other witness: provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the court, be subject to be crossexamined by or on behalf of the opposite party orally, and after such crossexamination may be reexamined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

section 52. of the divorce act : on any petition presented, 1by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion. 1. subs. by act 51 of , s. 28, for certain words w.e.f .

section 53. of the divorce act : the whole or any part of any proceeding under this act may be heard, if the court thinks fit, with closed doors.

section 57. of the divorce act : 157. liberty to parties to marry again. where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the supreme court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again. 1. subs. by act 51 of , s. 30, for section 57 w.e.f. .

section 62. of the divorce act : the high court shall make such rules under this act as it may from time to time consider expedient, and may from time to time alter and add to the same: provided that such rules, alterations and additions are consistent with the provisions of this act and the 1code of civil procedure, 5 of . all such rules, alteration and additions shall be published in the official gazette. 1. subs. by act 51 of , s. 31, for code of civil procedure w.e.f. .

section 58. of the divorce act : no clergyman in holy orders of the 1 church of england 2 shall be compelled to solemnize the marriage of anyperson whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person. 1. the word united rep. by act 12 of , s. 1 and the schedule. 2. the words and ireland rep. by s. 1, ibid. and the schedule.

section 59. of the divorce act : when any minister of any church or chapel of the said 1 church refuses to perform such marriageservice between any persons who but for such refusal would be entitled to have the same service performed in such church or chapel, such minister shall permit any other minister in holy orders of the said church, entitled to officiate within the diocese in which such church or chapel is situate, to perform such marriageservice in such church or chapel. 1. the word united rep. by act 12 of , s. 1 and the schedule.

section 61. of the divorce act : after this act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.

section 60. of the divorce act : every decree for judicial separation or order to protect property, obtained by a wife under this act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife. no reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. indemnity of persons making payment to wife without notice of reversal of decree or protection order. all persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.

section 8. of the trade unions act : the registrar, on being satisfied that the trade union has complied with all the requirements of this act in regard to registration, shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for registration.

section 1. of the trade unions act : show related subordinates 1 this act may be called the 3 trade unions act, . 42 it extends to the whole of india 5. 3 it shall come into force on such date6 as the central government may, by notification in the official gazette, appoint. 1. the word indian omitted by act 38 of , s. 3 w.e.f. . 2. subs. by the a.o. , for subsection 2. 3.the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the sch. w.e.f. . 4. 1st june, , sec gazette of india, , pt. i, p. 467.

section 2. of the trade unions act : in this act, 1the appropriate government means, in relation to trade unions whose objects are not confined to one state, the central government, and in relation to other trade unions, the state government, and unless there is anything repugnant in the subject or context, a executive means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted b 2officebearer, in the case of a trade union, includes any member of the executive thereof, but does not include an auditor c prescribed means prescribed by regulations made under this act d registered office means that office of a trade union which is registered under this act as the head office thereof e registered trade union means a trade union registered under this act 3f registrar means i a registrar of trade unions appointed by the appropriate government under section 3, and includes any additional or deputy registrar of trade unions and ii in relation to any trade union, the registrar appointed for the state in which the head or registered office, as the case may be, of the trade union is situated g trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or nonemployment, or the terms of employment or the conditions of labour, of any person, and workmen means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises and h trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions: provided that this act shall not affect i any agreement between partners as to their own business ii any agreement between an employer and those employed by him as to such employment or iii any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. 1. ins. by the a.o. . 2. subs. by act 38 of , s. 2, for officer w.e.f. . 3. subs. by act 42 of , s. 3, for cl. f.

section 7. of the trade unions act : 1 the registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the trade union is entitled to registration under section 6, and may refuse to register the trade union until such information is supplied. 2 if the name under which a trade union is proposed to be registered is identical with that by which any other existing trade union has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the registrar shall require the persons applying for registration to alter the name of the trade union stated in the application, and shall refuse to register the union until such alteration has been made.

section 9. of the trade unions act : the registrar, on registering a trade union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this act. state amendments ladakh ut. section 9.after certificate of registration, insert with in a period not exceeding thirty days subject to the fulfillment of other provisions of this act. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . jammu and kashmir ut. substitution of section 9for section 9, substitute 9. certificate of registration.the registrar, on registering a trade union under section 8, shall issue a certificate of registration within a period not exceeding thirty days subject to the fulfillment of other provisions of this act in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this act. vide vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 3. of the trade unions act : 11 2the appropriate government shall appoint a person to be be the registrar of trade unions for 3each state. 42 the appropriate government may appoint as many additional and deputy registrars of trade unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the registrar, such powers and functions of the registrar under this act as it may, by order, specify and define the local limits within which any such additional or deputy registrar shall exercise and discharge the powers and functions so specified. 3 subject to the provisions of any order under subsection 2, where an additional or deputy registrar exercises and discharges the powers and functions of a registrar in an area within which the registered office of a trade union is situated, the additional or deputy registrar shall be deemed to be the registrar in relation to the trade union for the purposes of this act. 1. section 3 renumbered as subsection 1 thereof by act 42 of , s. 4. 2. subs. by the a.o. , for each l.g.. 3. subs., ibid., for the province. 4. ins. by act 42 of , s. 4.

section 9a. of the trade unions act : 19a. minimum requirement about membership of a trade union.a registered trade union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members. 1. ins. by s. 5, ibid., w.e.f. .

section 4. of the trade unions act : 11 any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration, apply for registration of the trade union under this act. 2provided that no trade union of workmen shall be registered unless at least ten per cent. or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration: provided further that no trade union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected. 32 where an application has been made under subsection 1 for the registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the trade union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the trade union or have given notice in writing to the registrar dissociating themselves from the applications. 1. section 4 renumbered as subsection 1 thereof by s. 5, ibid. 2. the provisos ins. by act 31 of , s. 2 w.e.f. . 3. ins. by act 42 of , s. 5.

section 11. of the trade unions act : 111. appeal.1 any person aggrieved by any refusal of the registrar to register a trade union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal, a where the head office of the trade union is situated within the limits of a presidencytown 2, to the high court, or 3aa where the head office is situated in an area, falling within the jurisdiction of a labour court or an industrial tribunal, to that court or tribunal, as the case may be b where the head office is situated in any other area, to such court, not inferior to the court of an additional or assistant judge of a principal civil court of original jurisdiction, as the 4appropriate government may appoint in this behalf for that area. 2 the appellate court may dismiss the appeal, or pass an order directing the registrar to register the union and to issue a certificate of registration under the provisions of section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. 3 for the purpose of an appeal under subsection 1 an appellate court shall, so far as may be, follow the same procedure and have the same powers as it follows and has when trying a suit under the code of civil procedure, 5 of , and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said code. 4 in the event of the dismissal of an appeal by any court appointed under clause b of subsection 1, the person aggrieved shall have a right of appeal to the high court, and the high court shall, for the purpose, of such appeal, have all the powers of an appellate court under subsections 2 and 3, and the provisions of those subsections shall apply accordingly. 1. subs. by act 15 of , s. 2, for section 11. 2. the words or of rangoon omitted by the a.o. . 3. ins. by act 31 of , s. 7 w.e.f. . 4. subs., ibid., for l.g..

section 12. of the trade unions act : all communications and notices to a registered trade union may be addressed to its registered office. notice of any change in the addr ess of the head office shall be given within fourteen days of such change to the registrar in writing, and the changed address shall be recorded in the register referred to in section 8.

section 6. of the trade unions act : a trade union shall not be entitled to registration under this act, unless the executive thereof is constituted in accordance with the provisions of this act, and the rules thereof provide for the following matters, namely: a the name of the trade union b the whole of the objects for which the trade union has been established c the whole of the purposes for which the general funds of the trade union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this act d the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the 1officebearers and members of the trade union e the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the trade union is connected, and also the admission of the number of honorary or temporary members as 1officebearers required under section 22 to form the executive of the trade union 2ee the payment of a minimum subscription by members of the trade union which shall not be less than i one rupee per annum for rural workers ii three rupees per annum for workers in other unorganised sectors and iii twelve rupees per annum for workers in any other case f the conditions under which any member shall be entitled to any bene fit assured by the rules and under which any fine or forfeiture may be imposed on the members g the manner in which the rules shall be amended, varied or rescinded h the manner in which the members of the executive and the other 1officebearers of the trade union shall be 3elected and removed 4hh the duration of period being not more than three years, for which the members of the executive and other officebearers of the trade union shall be elected i the safe custody of the funds of the trade union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the 1officebearers and members of the trade union and j the manner in which the trade union may be dissolved. 1. subs. by act 38 of , s. 2, for officers w.e.f. . 2. subs. by act 31 of , s. 4 w.e.f. . 3. subs. by act 31 of , s. 4, for appointed w.e.f. . 4. ins. by s. 4, ibid., w.e.f. .

section 5. of the trade unions act : 1 every application for registration of a trade union shall be made to the registrar, and shall be accompanied by a copy of the rules of the trade union and a statement of the following particulars, namely: a the names, occupations and addresses of the members making the application 1aa in the case of a trade union of workmen, the names, occupations and addresses of the place of work of the members of the trade union making the application b the name of the trade union and the address of its head office and c the titles, names, ages, addresses and occupations of the 2officebearers of the trade union. 2 where a trade union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the registrar, together with the application, a general statement of the assets and liabilities of the trade uni on prepared in such form and containing such particulars as may be prescribed. 1. ins. by act 31 of , s. 3 w.e.f. . 2. subs. by act 38 of , s. 2, for officers w.e.f. .

section 10. of the trade unions act : a certificate of registration of a trade union may be withdrawn or cancelled by the registrar a on the application of the trade union to be verified in such manner as may be prescribed, or b if the registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the trade union has ceased to exist or has wilfully and after notice from the registrar contravened any provision of this act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by section 6: 1c if the registrar is satisfied that a registered trade union of workmen ceases to have the requisite number of members: provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the registrar to the trade union before the certificate is withdrawn or cancelled otherwise than on the application of the trade union. 1. ins. by s. 6, ibid., w.e.f. .

section 13. of the trade unions act : every registered trade union shall be a corporate by the name under which it is registered, and shall have perpetual succession and a body common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

section 20. of the trade unions act : the account books of a registered trade union and the list of members thereof shall be open to inspection by an 1officebearer or member of the trade union at such times as may be provided for in the rules of the trade union. 1. subs. by act 38 of , s. 2, for officer w.e.f. .

section 14. of the trade unions act : the following acts, namely: a the societies registration act, 21 of , b the cooperative societies act, 2 of , 1 2c the companies act, 1 of , shall not apply to any registered trade union, and the registration of any such trade union under any such act shall be void. 1. clauses c and d rep. by act 25 of , s. 2 and the first schedule. 2. subs. by act 42 of , s. 7, for clause e.

section 15. of the trade unions act : the general funds of a registered trade union shall not be spent on any other objects than the following, namely: a the payment of salaries, allowances and expenses to 1officebearers of the trade union b the payment of expenses for the administration of the trade union, including audit of the accounts of the general funds of the trade union c the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs d the conduct of trade disputes on behalf of the trade union or any member thereof e the compensation of members for loss arising out of trade disputes f allowances to members or their dependant on account of death, old age, sickness, accidents or unemployment of such members g the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment h the provision of educational, social or religious benefits for members including the payment of the expenses of funeral or religious ceremonies for deceased members or for the dependants of members i the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such j the payment, in furtherance of any of the objects on which the general funds of the trade union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of onefourth of the combined total of the gross income which has up to that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year and k subject to any conditions contained in the notification, any other object notified by the 2appropriate government in the official gazette. state amendment maharashtra. amendment of heading of chapter iii of act xvi of .in chapter iii of the trade unions act, , in its application to the state of maharashtra hereinafter referred to as the principal act, in the heading after the words trade unions the words and settlement of certain disputes shall be added. vide maharashtra act iii of , s. 2 1. subs. by act 38 of , s. 2, for officers w.e.f. . 2. subs. by the a.o. , for g.g in c..

section 16. of the trade unions act : 1 a registered trade union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any of the objects specified in sub section 2. 2 the objects referred to in subsection 1 are: a the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 1the constitution or of any local authority, before, during, or after the election in connection with his candidature or election or b the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate or c the maintenance of any person who is a member of any legislative body constituted under 1the constitution or of any local authority or d the registration of electors or the selection of a candidate for any legislative body constituted under 1the constitution or for any local authority or e the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind. 22a in its application to the state of jammu and kashmir, references in subsection 2 to any legislative body constituted under the constitution shall be construed as including references to the legislature of that state. 3 no member shall be compelled to contribute to the fund constituted under subsection 1 and a member who does not contribute to the said fund shall not be excluded from any benefits of the trade union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union except in relation to the control or management of the said fund by reason of his not contributing to the said fund and contribution to the said fund shall not be made a condition for admission to the trade union. 1. the words the government of india act have been successively amended by the a.o. , the a.o. and act 42 of to read as above. 2. ins. by act 51 of , s. 2 and the schedule w.e.f. .

section 17. of the trade unions act : no 1officebearer or member of a registered trade union shall be liable to punishment under subsection 2 of section 120b of the indian penal code 45 of , in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as is specified in section 15, unless the agreement is an agreement to commit an offence. 1. subs. by act 38 of , s. 2, for officer w.e.f. .

section 19. of the trade unions act : notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: provided that nothing in this section shall enable any civil court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a trade union shall or shall not sell their goods, transact business, work, employ or be employed.

section 18. of the trade unions act : 1 no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any 1officebearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. 2 a registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union. 1. subs. by act 38 of , s. 2, for officer w.e.f. .

section 21. of the trade unions act : any person who has attained the age of fifteen years may be a member of a registered trade union subject to any rules of the trade union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 1 1. the proviso omitted by s. 4, ibid. w.e.f. .

section 21a. of the trade unions act : 121a. disqualifications of officebearers of trade unions.1 a person shall be disqualified for being chosen as, and for being, a member of the executive or any other officebearer of a registered trade union if i he has not attained the age of eighteen years ii he has been convicted by a court in india of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release. 2 any member of the executive or other officebearer of a registered trade union who, before the commencement of the indian trade unions amendment act, 38 of , has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or officebearer unless a period of five years has elapsed since his release before that date. 23 in its application to the state of jammu and kashmir, reference in subsection 2 to the commencement of the indian trade unions amendment act, 38 of , shall be construed as reference to the commencement of this act in the said state. 1. ins. by s. 5, ibid. w.e.f. . 2. ins. by act 51 of , s. 2 and the schedule w.e.f. .

section 27. of the trade unions act : 1 when a registered trade union is dissolved, notice of the dissolution signed by seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, he sent to the registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union, and the dissolution shall have effect from the date of such registration. 2 where the dissolution of a registered trade union has been registered and the rules of the trade union do not provide for the distribution of funds of the trade union on dissolution, the registrar shall divide the funds amongst the members in such manner as may be prescribed.

section 22. of the trade unions act : 122. proportion of officebearers to be connected with the industry.1 not less than onehalf of the total number of the officebearers of every registered trade union in an unorganised sector shall be persons actually engaged or employed in an industry with which the trade union is connected: provided that the appropriate government may, by special or general order, declare that the provisions of this section shall not apply to any trade union or class of trade unions specified in the order. explanation.for the purposes of this section, unorganised sector means any sector which the appropriate government may, by notification in the official gazette, specify. 2 save as otherwise provided in subsection 1, all officebearers of a registered trade union, except not more than onethird of the total number of the officebearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected. explanation.for the purposes of this subsection, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a trade union. 3 no member of the council of ministers or a person holding an office of profit not being an engagement or employment in an establishment or industry with which the trade union is connected, in the union or a state, shall be a member of the executive or other officebearer of a registered trade union. 1. subs. by act 31 of , s. 8, for section 22 w.e.f. .

section 23. of the trade unions act : any registered trade union may, with the consent of not less than twothirds of the total number of its members and subject to the provisions of section 25, change its name.

section 24. of the trade unions act : any two or more registered trade unions may become amalgamated together as one trade union with or without dissolution or division of the funds of such trade unions or either or any of them, provided that the votes of at least onehalf of the members of each or every such trade union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal.

section 28. of the trade unions act : 1 there shall be sent annually to the registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered trade union during the year ending on the 31st day of 1december next preceding such prescribed date, and of the assets and liabilities of the trade union existing on such 31st day of 1december. the statement shall be prepared in such form and shall comprise such particulars as may be prescribed. 2 together with the general statement there shall be sent to the registrar a statement showing all changes of 2officebearers made by the trade union during the year to which the general statement refers, together also with a copy of the rules of the trade union corrected up to the date of the despatch thereof to the registrar. 3 a copy of every alteration made in the rules of a registered trade union shall be sent to the registrar within fifteen days of the making of the alteration. 34 for the purpose of examining the documents referred to in subsections 1, 2 and 3, the registrar, or any officer authorised by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a trade union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a trade union. state amendments maharashtra. insertion of new section 28ia in chapter iii of act xvi of .in chapter iii of the principal act, after section 28, the following new section shall be inserted, namely: 281a. power of industrial court to decide certain disputes.1 where there is a dispute as respects whether or not any person is an officebearer or a member of a registered trade union including any dispute relating to wrongful expulsion of any such officebearer or member, or where there is any dispute relating to the property including the account books of any registered trade union, any member of such registered trade union for a period of not less than six months may, with the consent of the registrar, and in such manner as may be prescribed, refer the dispute to the industrial court constituted under the bombay industrial relations act, , for decision. 2 the industrial court shall, after hearing the parties to the dispute, decide the dispute and may require an officebearer or member of the registered trade union to be appointed whether by election or otherwise under the supervision of such person as the industrial court may appoint in this behalf or removed, in accordance with the rules of the trade union: provided that the industrial court may, pending the decision of the dispute, make an interim order specifying or appointing any person or appointing a committee of administration for any purpose under the act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the union pending the decision. 3 the decision of the industrial court shall be final and binding on the parties and shall not be called in question in any civil court. 4 no civil court shall entertain any suit or other proceedings in relation to the dispute referred to the industrial court as aforesaid, and if any suit or proceeding is pending in any such court, the civil court shall, on receipt of an intimation from the industrial court that it is seized of the question, cease to exercise jurisdiction in respect thereof. 5 save as aforesaid, the industrial court may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercises or follows for the purpose of deciding industrial disputes under the bombay industrial relations act, . vide maharashtra act iii of , s. 3 1. subs. by act 38 of , s. 6, for march w.e.f. . 2. subs. by s. 2, ibid., for officer w.e.f. . 3. ins. by act 42 of , s. 9

section 31. of the trade unions act : 1 if default is made on the part of any regiatared trade union in giving any notice or sending any statement or other document as required by or under any provision of this act, every 1officebearer or other person bound by the rules of the trade union to give or send the same, or, if there is no such 1officebearer or person, every member of the executive of the trade union, shall be punishable with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues: provided that the aggregate fine shall not exceed fifty rupees. 2 any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28, or in or from any copy of rules or of alterations of rules sent to the registrar under that section, shall be punishable with fine which may extend to five hundred rupees. 1. subs. by act 38 of , s. 2, for officer w.e.f. .

section 25. of the trade unions act : 1 notice in writing of every change of name and of every amalgamation, signed, in the case of a change of name, by the secretary and by seven members of the trade union changing its name, and, in the case of an amalgamation, by the secretary and by seven members of each and every trade union which is a party the reto, shall be sent to the registrar, and where the head office of the amalgamated trade union is situated in a different state, to the registrar of such state. 2 if the proposed name is identical with that by which any other existing trade union has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the registrar shall refuse to register the change of name. 3 save as provided in subsection 2, the registrar shall, if he is satisfied that the provisions of this act in respect of change of name have been complied with, register the change of name in the register referred to in section 8, and the change of name shall have effect from the date of such registration. 4 the registrar of the state in which the head office of the amalgamated trade union is situated shall, if he is satisfied that the provisions of this act in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 6, register the trade union in the manner provided in section 8, and the amalgamation shall have effect from the date of such registration.

section 26. of the trade unions act : 1 the change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defective any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. 2 an amalgamation of two or more registered trade unions shall not prejudice any right of any of such trade unions or any right of a creditor of any of them.

section 29. of the trade unions act : 1 1 the 2appropriate government may make regulations for the purpose of carrying into effect the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which trade unions and the rules of trade unions shall be registered and the fees payable on registration b the transfer of registration in the case of any registered trade union which has changed its head office from one state to another c the manner in which, and the qualifications of persons by whom, the accounts of registered trade unions or of any class of such unions shall be audited d the conditions subject to which inspection of documents kept by registrars shall be allowed and the fees which shall be chargeable in respect of such inspections and e any matte which is to be or may be prescribed. 33 every notification made by the central government under subsection 1 of section 22, and every regulation made by it under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or regulation, or both houses agree that the notification or regulation should not be made, the notification or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or regulation. 4 every notification made by the state government under subsection 1 of section 22 and every regulation made by it under subsection 1 shall be laid, as soon as may be after it is made, before the state legislature. state amendments maharashtra. amendment of section 29 of act xvi of . in section 29, in subsection 2, in clause d, delete the word and appearing at the end and insert thereafter the following clause, namely: dd the manner in which the dispute may be referred to the industrial court under section 281a. vide maharashtra act iii of , s. 4 1. the words subject to the control of the g.g. in c. omitted by the a.o. . 2. subs. ibid., for l.g.. 3. ins. by act 31 of , s. 9 w.e.f. .

section 33. of the trade unions act : 1 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act. 2 no court shall take cognizance of any offence under this act, unless complaint thereof has been made by, or with the previous sanction of, the registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed. state amendments maharashtra. amendment of section 33 of act xvi of .in section 33 of the indian trade union act, , to subsection 2 the following shall be added, namely: and in the case of an offence under subsection 2 of section 31, within six months next after the alleged offence came to the knowledge of the registrar. vide bombay act xxxii of , s. 2

section 30. of the trade unions act : 1 the power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication. 2 the date to be specified in accordance with clause 3 of section 23 of the general clauses act, 10 of , as that after which a draft of regulations proposed to be made will be taken into consideration shall not be less than three months from the date on which the draft of the proposed regulations was published for general information. 3 regulations so made shall be published in the official gazette, and on such publication shall have effect as if enacted in this act.

section 32. of the trade unions act : any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of any unregistered trade union to any person on the pretence that such rules are the rules of a registered trade union, shall be punishable with fine which may extend to two hundred rupees.

section 8. of the madhya pradesh reorganisation act : 1 on and from the appointed day, the sixteen sitting members of the council of states representing the existing state of madhya pradesh, shall be deemed to have been elected to fill the seats allotted to the states of madhya pradesh and chhattisgarh, as specified in the first schedule to this act. 2 the term of office of such sitting members shall remain unaltered.

section 1. of the madhya pradesh reorganisation act : this act may be called the madhya pradesh reorganisation act, .

section 2. of the madhya pradesh reorganisation act : show related subordinates in this act, unless the context otherwise requires, a appointed day means the day1 which the central government may, by notification in the official gazette, appoint b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d election commission means the election commission appointed by the president under article 324 e existing state of madhya pradesh means the state of madhya pradesh as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing state of madhya pradesh g notified order means an order published in the official gazette h population ratio in relation to the states of madhya pradesh and chhattisgarh means the ratio of 485.7 : 176.2 i sitting member, in relation to either house of parliament or of the legislature of the existing state of madhya pradesh means a person who immediately before the appointed day, is a member of that house j successor state, in relation to the existing state of madhya pradesh, means the state of madhya pradesh or chhattisgarh k transferred territory means the territory which on the appointed day is transferred from the existing state of madhya pradesh to the state of chhattisgarh l treasury includes a subtreasury and m any reference to a district, tehsil or other territorial division of the existing state of madhya pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day. 1. 1st november, , vide notification no. s.o. 827e, dated 14th september, , see gazette of india, extraordinary, part ii, sec. 3ii

section 7. of the madhya pradesh reorganisation act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a entries 9 to 27 shall be renumbered as entries 10 to 28 respectively b in entry 8, for the figures 16, the figures 11 shall be substituted c after entry 8, the following entry shall be inserted, namely: 9. chhattisgarh 5..

section 4. of the madhya pradesh reorganisation act : on and from the appointed day, the state of madhya pradesh shall comprise the territories of the existing state of madhya pradesh other than those specified in section 3.

section 10. of the madhya pradesh reorganisation act : on and from the appointed day, the delimitation of parliamentary and assembly constituencies order, , shall stand amended as directed in the second schedule to this act.

section 3. of the madhya pradesh reorganisation act : on and from the appointed day, there shall be formed a new state to be known as the state of chhattisgarh comprising the following territories of the existing state of madhya pradesh, namely: bastar, laspur, dantewada, dhamtari, durg, janjgirchampa, jashpur, kanker, kawardha, korba, koria, mahasamund, raigarh, raipur, rajnandgaon and surguja districts, and thereupon the said territories shall cease to form part of the existing state of madhya pradesh.

section 11. of the madhya pradesh reorganisation act : 1 every sitting member of the house of the people representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor states of madhya pradesh or chhattisgarh, shall be deemed to have been elected to the house of the people by that constituency as so allotted. 2 the term of office of such sitting members shall remain unaltered.

section 9. of the madhya pradesh reorganisation act : on and from the appointed day, there shall be allocated 29 seats to the successor state of madhya pradesh, and 11 to the successor state of chhattisgarh, in the house of the people, and the first schedule to the representation of the people act, 43 of shall be deemed to be amended accordingly.

section 5. of the madhya pradesh reorganisation act : on and from the appointed day, in the first schedule to the constitution, under the heading i. the states, a in the paragraph relating to the territories of the state of madhya pradesh, after the words, brackets and figures, the rajasthan and madhya pradesh transfer of territories act, 47 of , the following shall be added, namely: but excluding the territories specified in section 3 of the madhya pradesh reorganisation act, . b after entry 25, the following entry shall be inserted, namely: 26. chhattisgarh: the territories specified in section 3 of the madhya pradesh reorganisation act, ..

section 6. of the madhya pradesh reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the government of madhya pradesh or chhattisgarh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the state.

section 18. of the madhya pradesh reorganisation act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistakes in any order made under section 17 or any error arising therein from inadvertent slip or omission and b where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned legislative assembly.

section 12. of the madhya pradesh reorganisation act : 1 the number of seats as on the appointed day in the legislative assemblies of the states of madhya pradesh and chhattisgarh shall be two hundred and thirty and ninety respectively. 2 in the second schedule to the representation of the people act, 43 of , under heading i. states, a entries 5 to 25 shall be renumbered as entries 6 to 26 respectively b after entry 4, the following entry shall be inserted, namely : 1 5 5. chhattisgarh...90. c in entry 13, as so renumbered, for the figures 320, the figures 230 shall be substituted.

section 13. of the madhya pradesh reorganisation act : 1 every sitting member of the legislative assembly of the existing state of madhya pradesh elected to fill a seat in that assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the state of chhattisgarh shall, on and from that day, cease to be a member of the legislative assembly of madhya pradesh and shall be deemed to have been elected to fill a seat in the legislative assembly of chhattisgarh from that constituency so allotted. 2 all other sitting members of the legislative assembly of the existing state of madhya pradesh shall continue to be members of the legislative assembly of that state and any such sitting member representing a constituency the extent, or the name and extent of which are altered by virtue of the provisions of section 9 shall be deemed to have been elected to the legislative assembly of madhya pradesh by that constituency as so altered. 3 notwithstanding anything contained in any other law for the time being in force, the legislative assemblies of madhya pradesh and chhattisgarh shall be deemed to be duly constituted on the appointed day. 4 the sitting member of the legislative assembly of the existing state of madhya pradesh nominated to that assembly under article 333 to represent the angloindian community shall be deemed to have been nominated to represent the said community in the legislative assembly of madhya pradesh under that article.

section 16. of the madhya pradesh reorganisation act : the rules of procedure and conduct of business of the legislative assembly of madhya pradesh as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of the state of chhattisgarh, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 19. of the madhya pradesh reorganisation act : on and from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the third schedule.

section 14. of the madhya pradesh reorganisation act : the period of five years referred to in clause 1 of article 172, shall, in the case of legislative assembly of the state of madhya pradesh and the state of chhattisgarh be deemed to have commenced on the date on which it actually commenced in the case of legislative assembly of the existing state of madhya pradesh.

section 17. of the madhya pradesh reorganisation act : 1 for the purpose of giving effect to the provisions of section 12, the election commission shall determine in the manner hereinafter provided a the number of seats to be reserved for the scheduled castes and the scheduled tribes in the legislative assemblies of the states of madhya pradesh and chhattisgarh, respectively having regard to the relevant provisions of the constitution b the assembly constituencies into which each state referred to in clause a shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the scheduled castes or for the scheduled tribes and c the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each state referred to in clause a that may be necessary or expedient. 2 in determining the matters referred to in clauses b and c of subsection 1, the election commission shall have regard to the following provisions, namely: a all the constituencies shall be singlemember constituencies b all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public and c constituencies in which seats are reserved for the scheduled castes and the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 3 the election commission shall, for the purpose of assisting it in the performance of its functions under subsection 1, associate with itself as associate members, five persons as the central government may, by order specify, being persons who are members of the legislative assembly of the state or of the house of the people representing the state: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 4 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of subsection 3. 5 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified and c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 6 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the concerned state. 7 the delimitation of constituencies in the states of madhya pradesh and chhattisgarh shall be determined on the basis of the published figures of the census taken in the year .

section 15. of the madhya pradesh reorganisation act : 1 the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of the existing state of madhya pradesh shall continue to be the speaker and deputy speaker respectively of that assembly on and from that day. 2 as soon as may be after the appointed day, the legislative assembly of the successor state of chhattisgarh shall choose two members of that assembly to be respectively speaker and deputy speaker thereof and until they are so chosen, the duties of the office of the speaker shall be performed by such member of the assembly as the governor may appoint for the purpose.

section 20. of the madhya pradesh reorganisation act : on and from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the fourth schedule.

section 27. of the madhya pradesh reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of madhya pradesh shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of chhattisgarh.

section 21. of the madhya pradesh reorganisation act : 1 as from the appointed day, there shall be a separate high court for the state of chhattisgarh hereinafter referred to as the high court of chhattisgarh and the high court of madhya pradesh shall become the high court for the state of madhya pradesh hereinafter referred to as the high court of madhya pradesh. 2 the principal seat of high court of chhattisgarh shall be at such place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of chhattisgarh may sit at such other place or places in the state of chhattisgarh other than its principal seat as the chief justice may, with the approval of the governor of chhattisgarh, appoint.

section 22. of the madhya pradesh reorganisation act : 1 such of the judges of the high court of madhya pradesh holding office immediately before the appointed day as may be determined by the president shall on that day cease to be judges of the high court of madhya pradesh and become judges of the high court of chhattisgarh. 2 the persons who by virtue of subsection 1 become judges of the high court of chhattisgarh shall, except in the case where any such person is appointed to be the chief justice of that high court, rank in that court according to the priority of their respective appointments as judges of the high court of madhya pradesh.

section 26. of the madhya pradesh reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of madhya pradesh shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of chhattisgarh.

section 24. of the madhya pradesh reorganisation act : on and from the appointed day, in the advocates act, 25 of in section 3, in subsection 1, in clause a, for the words and madhya pradesh, the words madhya pradesh and chhattisgarh shall be substituted. 2 any person who immediately before the appointed day is an advocate on the roll of the bar council of the existing state of madhya pradesh may give his option in writing, within one year from the appointed day to the bar council of such existing state, to transfer his name on the roll of the bar council of chhattisgarh and notwithstanding anything contained in the advocates act, 25 of and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the bar council of chhattisgarh with effect from the date of the option so given for the purposes of the said act and the rules made thereunder. 3 the persons other than the advocates who are entitled immediately before the appointed day, to practise in the high court of madhya pradesh or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the high court of chhattisgarh or any subordinate court thereof, as the case may be. 4 the right of audience in the high court of chhattisgarh shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the high court of madhya pradesh.

section 23. of the madhya pradesh reorganisation act : the high court of chhattisgarh shall have, in respect of any part of the territories included in the state of chhattisgarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect to that part of the said territories by the high court of madhya pradesh.

section 25. of the madhya pradesh reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of madhya pradesh shall, with the necessary modifications, apply in relation to the high court of chhattisgarh, and accordingly, the high court of chhattisgarh shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the high court of madhya pradesh: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court of madhya pradesh shall, until varied or revoked by rules or orders made by the high court of chhattisgarh, apply with the necessary modifications in relation to practice and procedure in the high court of chhattisgarh as if made by that court

section 29. of the madhya pradesh reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of madhya pradesh and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court of chhattisgarh.

section 28. of the madhya pradesh reorganisation act : the law in force immediately before the appointed day relating to the powers of the chief justice, single judge and division courts of the high court of madhya pradesh and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of chhattisgarh.

section 35. of the madhya pradesh reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the state of madhya pradesh in respect of any period prior to the appointed day shall be submitted to the governor of each of the successor states of madhya pradesh and chhattisgarh who shall cause them to be laid before the legislature of that state. 2 the president may by order a declare any expenditure incurred out of the consolidated fund of madhya pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised and b provide for any action to be taken on any matter arising out of the said reports.

section 30. of the madhya pradesh reorganisation act : 1 except as hereinafter provided, the high court of madhya pradesh shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. 2 such proceedings pending in the high court of madhya pradesh immediately before the appointed day as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of chhattisgarh shall, as soon as may be after such certification, be transferred to the high court of chhattisgarh. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 23, but save as hereinafter provided, the high court of madhya pradesh shall have, and the high court of chhattisgarh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of madhya pradesh before the appointed day: provided that if after any such proceedings have been entertained by the high court of madhya pradesh, it appears to the chief justice of that high court that they ought to be transferred to the high court of chhattisgarh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of madhya pradesh a before the appointed day, in any proceedings transferred to the high court of chhattisgarh by virtue of subsection 2 or b in any proceedings with respect to which the high court of madhya pradesh retains jurisdiction by virtue of subsection 3, shall for all purposes have effect, not only as an order of the high court of madhya pradesh, but also as an order made by the high court of chhattisgarh.

section 31. of the madhya pradesh reorganisation act : any person, who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the high court of madhya pradesh and was authorised to appear in any proceedings transferred from that high court to the high court of chhattisgarh under section 30, shall have the right to appear in the high court of chhattisgarh in relation to those proceedings.

section 37. of the madhya pradesh reorganisation act : 1 the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the state of madhya pradesh immediately before the appointed day . 2 the successor state shall be entitled to receive benefits arising out of the decisions taken by the predecessor state and the successor states shall be liable to bear the financial liabilities arising out of the decision taken by the existing state of madhya pradesh. 3 the apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor states. 4 any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the central government on the advice of the comptroller and auditorgeneral of india.

section 32. of the madhya pradesh reorganisation act : for the purposes of section 30 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 34. of the madhya pradesh reorganisation act : the governor of madhya pradesh may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of chhattisgarh as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislative assembly of the state of chhattisgarh: provided that the governor of chhattisgarh may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of chhattisgarh for any period not extending beyond the said period of six months.

section 39. of the madhya pradesh reorganisation act : the total of the cash balances in all treasuries of the state of madhya pradesh and the credit balances of the state with reserve bank of india, the state bank of india or any other bank immediately before the appointed day shall be divided between the states of madhya pradesh and chhattisgarh according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionments shall be effected by adjusting the credit balances of the two states in the books of the reserve bank of india on the appointed day: provided further that if the state of chhattisgarh has no account on the appointed day with the reserve bank of india, the adjustment shall be made in such manner as the central government may, by order, direct.

section 36. of the madhya pradesh reorganisation act : the president shall, by order, determine the share of the states of madhya pradesh and chhattisgarh in the total amount payable to the existing state of madhya pradesh on the recommendation of the finance commission constituted under article 280 of the constitution, in such manner as he thinks fit.

section 33. of the madhya pradesh reorganisation act : nothing in this part shall affect the application to the high court of chhattisgarh of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 42. of the madhya pradesh reorganisation act : 1 the securities held in respect of the investments made from cash balances investment account or from any fund in the public account of the existing state of madhya pradesh as specified in the fifth schedule to this act shall be apportioned in the ratio of population of the successor states: provided that the securities held in investments made from the calamity relief fund of the existing state of madhya pradesh shall be divided in the ratio of the area of the territories occupied by the successor states: provided further that the balance in the reserve funds in the public account of madhya pradesh created wholly out of appropriations from the consolidated fund of the existing state of madhya pradesh, to the extent the balances have not been invested outside government account, shall not be carried forward to similar reserve funds in the public account of, successor states: provided also that the balances in any other reserve funds, excluding those specified in subsection 2, shall be allocated between the states of madhya pradesh and chhattisgarh in the ratio of population of those states. 2 the investments of the existing state of madhya pradesh immediately before the appointed day in any special fund the objects of which are confined to a local area shall belong to the state in which that area is included on the appointed day. 3 the investments of the existing state of madhya pradesh immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the cash balance investment account, shall pass to the state in which the principal seat of business of the undertaking is located. 4 where any body corporate constituted under a central act, state act or provincial act for the existing state of madhya pradesh or any part thereof has, by virtue of the provisions of part ii of this act, become an interstate body corporate, the investments in, or loans or advances to, any such body corporate by the existing state of madhya pradesh made before the appointed day shall, save as otherwise expressly provided by or under this act, be divided between the states of madhya pradesh and chhattisgarh in the same proportion in which the assets of the body corporate are divided under the provisions of this part.

section 38. of the madhya pradesh reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing state of madhya pradesh shall, a if within the transferred territory, pass to the state of chhattisgarh or b in any other case, remain the property of the state of madhya pradesh: provided that any land, stores, articles or other goods may be distributed otherwise than in accordance with the situation of such land, stores, articles or goods by mutual agreement between the successor states, failing which the central government may, on the request of any of the governments of the successor states and after consulting both the governments of the successor states, issue directions for the just and equitable distribution of such land, stores, articles or goods between the successor states and the land, articles or goods shall accordingly pass to the successor states: provided further that in case of the distribution, of any land, stores, articles and goods or class of goods under this subsection located outside the existing state of madhya pradesh, such distribution shall be made through mutual agreement arrived at between the governments of the successor states for that purpose, failing which the central government may, on request by any of the governments of the successor states, after consulting both the governments of the successor states, issue such direction as it may deem fit for the distribution of such land, stores, articles and goods or class of goods, as the case may be, under this subsection. 2 stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor states in whose territories such institutions, workshops, undertakings or works are located. 3 stores relating to the secretariat and offices of heads of departments having jurisdiction over the whole of the existing state of madhya pradesh shall be divided between the successor states in accordance with the mutual agreement arrived at between the government of the successor states for that purpose, failing which the central government may, on request by any of the governments of the successor states, after consulting both the governments of the successor states, issue such direction as it may deem fit for the distribution of such stores or any part of such stores, as the case may be. 4 any other unissued stores of any class in the existing state of madhya pradesh shall be divided between the successor states in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the territories of the existing state of madhya pradesh included respectively in each of the successor states: provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor states according to the population ratio. 5 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 46. of the madhya pradesh reorganisation act : the liability of the existing state of madhya pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor state in whose territories the property is situated, and the liability of the existing state of madhya pradesh to refund any other tax or duty collected in excess shall be the liability of the successor state in whose territories the place of assessment of that tax or duty is included.

section 40. of the madhya pradesh reorganisation act : the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor state in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included on the appointed day.

section 41. of the madhya pradesh reorganisation act : 1 the right of the existing state of madhya pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that state shall belong to the successor state in which that area is included on that day. 2 the right of the existing state of madhya pradesh to recover any loans or advances made before the appointed day to any person or institution outside that state shall belong to the state of madhya pradesh: provided that any sum recovered in respect of any such loan or advance shall be divided between the states of madhya pradesh and chhattisgarh according to the population ratio.

section 47. of the madhya pradesh reorganisation act : 1 the liability of the existing state of madhya pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the state in whose area the deposit has been made. 2 the liability of the existing state of madhya pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the state in whose area the institution entitled to the benefit of the endowment is located or of the state to which the objects of the endowment, under the terms thereof, are confined.

section 48. of the madhya pradesh reorganisation act : the liability of the existing state of madhya pradesh in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the state to which that government servant is permanently allotted.

section 43. of the madhya pradesh reorganisation act : 1 the assets and liabilities relating to any undertaking of the existing state of madhya pradesh whether directly owned or through a body corporate constituted or incorporated or registered under any central, state or provincial act, shall, a if exclusively located in a successor state, pass to the successor state, and where a depreciation reserve is maintained by the existing state of madhya pradesh for such undertaking, the securities held in respect of investment made from that fund shall also pass to such successor state b where any such undertaking or part thereof is located, in more than one successor state, the assets, liabilities and securities shall be divided in such manner as may be agreed upon between the successor states within a period of two years from the appointed day or in failure of such agreement as the central government may by order direct. 2 an agreement entered into between the successor states, or order made by the central government under subsection 1 may provide for the dissolution of the undertaking or transfer or reemployment of any employee of the undertaking to or by the successor states, subject to the provisions of section 62. 3 an agreement entered into between the successor states, or order made by the central government under subsection 1 may also provide for the transfer of the assets and liabilities which would otherwise have passed to a successor state to any other undertaking of that successor state and any employee of the undertaking referred to in subsection 1, who would otherwise have been transferred to or reemployed by a successor state, may be transferred to or be reemployed by such undertaking instead of that successor state.

section 45. of the madhya pradesh reorganisation act : all liabilities of the existing state of madhya pradesh of any floating loan to provide short term finance to any local body, body corporate or other institution shall be determined by mutual agreement between the successor states, failing which the central government shall determine such liability between the successor states in consultation with such states.

section 44. of the madhya pradesh reorganisation act : 1 all liabilities on account of public debt and public account of the existing state of madhya pradesh outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor states unless a different mode of apportionment is provided under the provisions of this act. 2 the individual items of liabilities to be allocated to the successor states and the amount of contribution required to be made by one successor state to another shall be such as may be ordered by the central government in consultation with the comptroller and auditorgeneral of india: provided that till such orders are issued, the liabilities on account of public debt and public account of the existing state of madhya pradesh shall continue to be the liabilities of the successor state of madhya pradesh. 3 the liability on account of loans raised from any source and relent by the existing state of madhya pradesh to such entities as may be specified by the central government and whose area of operation is confined to either of the successor states shall devolve on the respective states as specified in subsection 4. 4 the public debt of the existing state of madhya pradesh attributable to loan taken from any source for the express purpose of relending the same to a specific institution and outstanding immediately before the appointed day shall a if relent to any local body, body corporate or other institution in any local area, be the debt of the state in which the local area is included on the appointed day or b if relent to the madhya pradesh state electricity board, the madhya pradesh state road transport corporation, or the madhya pradesh housing board or any other institution which becomes an interstate institution on the appointed day, be divided between the states of madhya pradesh and chhattisgarh in the same proportion in which the assets of such body corporate or institution are divided under the provisions of part vii of this act. 5 where a sinking fund or a depreciation fund is maintained by the existing state of madhya pradesh for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor states of madhya pradesh and chhattisgarh in the same proportion in which the total public debt is divided between the two states under this section. 6 in this section, the expression government security means a security, created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under clause 2 of section 2 of the public debt act, 18 of .

section 49. of the madhya pradesh reorganisation act : the liability of the existing state of madhya pradesh in respect of pensions shall pass to, or be apportioned between the successor states of madhya pradesh and chhattisgarh in accordance with the provisions contained in the sixth schedule to this act.

section 50. of the madhya pradesh reorganisation act : 1 where, before the appointed day, the existing state of madhya pradesh has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor states of madhya pradesh and chhattisgarh, then, of that state or b in any other case, of the state of madhya pradesh, all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing state of madhya pradesh, be rights or liabilities of the state of chhattisgarh or the state of madhya pradesh, as the case may be: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between the successor states of madhya pradesh and chhattisgarh or in default of such agreement, as the central government may, by order, direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accured or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 51. of the madhya pradesh reorganisation act : where, immediately before the appointed day, the existing state of madhya pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor states of madhya pradesh or chhattisgarh, be a liability of that successor state and b in any other case, be initially a liability of the state of madhya pradesh, but subject to such financial adjustment as may be agreed upon between the states of madhya pradesh and chhattisgarh or, in default of such agreement, as the central government may, by order, direct.

section 57. of the madhya pradesh reorganisation act : all sums payable either by the state of madhya pradesh or by the state of chhattisgarh to the other states or by the central government to either of those states, by virtue of the provisions of this act, shall be charged on the consolidated fund of the state by which such sums are payable or, as the case may be, the consolidated fund of india.

section 53. of the madhya pradesh reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 52. of the madhya pradesh reorganisation act : where, immediately before the appointed day, the existing state of madhya pradesh is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the existing state of madhya pradesh shall a if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the states of madhya pradesh or chhattisgarh, be a liability of that successor state and b in any other case, be initially a liability of the state of madhya pradesh, subject to such financial adjustment as may be agreed upon between the states of madhya pradesh and chhattisgarh or, in default of such agreements, as the central government may, by order, direct.

section 58. of the madhya pradesh reorganisation act : 1 the following bodies corporate constituted for the existing state of madhya pradesh, namely: a the state electricity board constituted under the electricity supply act, 54 of b the state road transport corporation established under the road transport corporations act, 64 of and c the state warehousing corporation established under the warehousing corporations act, 58 of , shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and arrangements for the functioning of such body corporates as may be mutually agreed upon between the successor states failing which to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the board or the corporation shall include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the board or the corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on such date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states of madhya pradesh and chhattisgarh in such manner as may be agreed upon between them within one year of the dissolution of the board or the corporation, as the case may be, or if no agreement is reached, in such manner as the central government may, by order, determine: provided that any liabilities of the said board relating to the unpaid dues of the coal supplied to the board by any public sector coal company shall be provisionally apportioned between the successor organisations constituted respectively in the successor states of the existing state of madhya pradesh or after the date appointed for the dissolution of the board under this subsection in such manner as may be agreed upon between the governments of the successor states within one month of such dissolution or if no agreement is reached, in such manner as the central government may, by order, determine subject to reconciliation and finalisation of the liabilities which shall be completed within three months from the date of such dissolution by the mutual agreement between the successor states or failing such agreement by the direction of the central government: provided further that an interest at the rate of two per cent. higher than the cash credit interest shall be paid on outstanding unpaid dues of the coal supplied to the board by the public sector coal company till the liquidation of such dues by the concerned successor organisations constituted in the successor states on or after the date appointed for the dissolution of the board under this subsection. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of madhya pradesh or, as the case may be, the government of the state of chhattisgarh from constituting, at any time on or after the appointed day, a state electricity board or a state road transport corporation or a state warehousing corporation for the state under the provisions of the act relating to such board or corporation and if such a board or corporation is so constituted in either of the states before the dissolution of the board or the corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new board or the new corporation to take over form the existing board or corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of existing board or corporation, i any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board or the new corporation instead of to that state ii any employee who would otherwise have been transferred to or reemployed by that state under subsection 3, read with clause i of subsection 5, shall be transferred to or reemployed by the new board or the new corporation instead of to or by that state. 5 an agreement entered into between the successor states under subsection 3 and an order made by the central government under that subsection or under clause a of subsection 4 may provide for the transfer or reemployment of any employee of the board or the corporation referred to in subsection 1, i to or by the successor states, in the case of an agreement under subsection 4 or an order made under that subsection ii to or by the new board or the new corporation constituted, under subsection 4, in the case of an order made under clause a of that subsection, and subject to the provisions of section 64, also for the terms and conditions of service applicable to such employees after such transfer or reemployment.

section 54. of the madhya pradesh reorganisation act : the benefit or burden of any asset or liability of the existing state of madhya pradesh not dealt with in the foregoing provisions of this part shall pass to the state of madhya pradesh in the first instance, subject to such financial adjustment as may be agreed upon between the states of madhya pradesh and chhattisgarh or, in default of such agreement, as the central government may, by order, direct.

section 55. of the madhya pradesh reorganisation act : where the successor states of madhya pradesh and chhattisgarh agree that the asset, liability or benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part then, notwithstanding anything contained therein, the assets, liability or benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 60. of the madhya pradesh reorganisation act : 1 notwithstanding anything contained in the foregoing provisions of this part, each of the companies specified in the seventh schedule to this act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor states, or in any direction issued by the central government, continue to function in the areas in which it was functioning immediately before that day and the central government may, after consultation with the governments of the successor states, from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the companies act, 1 of or in any other law. 2 any directions issued under subsection 1, in respect of a company referred to in that subsection, may include directions a regarding the division of the interests and shares of existing state of madhya pradesh in the company among the successor states b requiring the reconstitution of the board of directors of the company so as to give adequate representation to both the successor states.

section 56. of the madhya pradesh reorganisation act : where, by virtue of any of the provisions of this part, any of the successor states of madhya pradesh and chhattisgarh becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the appointed day by either of the states, that it is just and equitable that property or those benefits should be transferred to, or shared with, the other successor state, or that a contribution towards that liability should be made by the other successor state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order determine.

section 59. of the madhya pradesh reorganisation act : 1 the madhya pradesh state financial corporation established under the state financial corporation act, 63 of shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may from time to time, be issued by the central government after consultation with the governments of the successor states. 2 any directions issued by the central government under subsection 1 in respect of the corporation may include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 notwithstanding anything contained in subsection 1 or subsection 2, the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court of madhya pradesh as may be nominated in this behalf by the chief justice thereof, and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of madhya pradesh and chhattisgarh from constituting, at any time on or after the appointed day, a state financial corporation for that state under the state financial corporation act, 63 of .

section 65. of the madhya pradesh reorganisation act : where the assets, rights and liabilities of any body corporate carrying on any business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the incometax act, 43 of , shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 61. of the madhya pradesh reorganisation act : 1 notwithstanding anything contained in the foregoing provisions of this part or any other law for the time being in force, any organisation, registered society or trust, incorporated at the behest of the state government, shall, on and from the appointed day, and until otherwise provided for in any law for the time being in force, or in any agreement between the successor states, or in any direction issued by the central government in consultation with the successor states, continue to function in the areas in which it was functioning immediately before that day, and the central government may, after consulting the governments of successor states, issue directions in relation to such functioning. 2 any directions issued under subsection 1 may include directions regarding the i reconstitution of the board of directors of the organisation, society or trust by whatever name it may be called or ii appointment of the chief executive by whatever name it may be called or iii regulations or byelaws, by whatever name they may be called or iv assessment and apportionment of financial support, if any, provided by the existing state of madhya pradesh for meeting fixed charges.

section 67. of the madhya pradesh reorganisation act : 1 in this section, the expression state cadre, a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 in place of the cadres of the indian administrative service, indian police service and indian forest service for the existing state of madhya pradesh, there shall, on and from the appointed day, be two separate cadres, one for the state of madhya pradesh and the other for the state of chhattisgarh in respect of each of these services. 3 the initial strength and composition of the state cadres referred to in subsection 2 shall be such as the central government may, by order, determine before the appointed day. 4 the members of each of the said service borne on the madhya pradesh cadre thereof immediately before the appointed day shall be allocated to the state cadres of the same service constituted under subsection 2 in such manner and with effect from such date or dates as the central government may, by order, specify. 5 nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the allindia service act, 61 of or the rules made thereunder.

section 64. of the madhya pradesh reorganisation act : where on account of the reorganisation of the existing state of madhya pradesh under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such cooperative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other cooperative society or undertaking, then notwithstanding anything contained in section 25f, section 25ff or section 25fff of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman is transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f, section 25ff or section 25fff of the industrial disputes act, 14 of on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 63. of the madhya pradesh reorganisation act : notwithstanding anything contained in section 88 of the motor vehicles act, 59 of , a permit granted by the state transport authority of the existing state of madhya pradesh or any regional transport authority in that state shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority of chhattisgarh or any regional transport authority therein for the purpose of validating it for use in such area: provided that the central government may, after consultation with the successor state government or governments concerned add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 66. of the madhya pradesh reorganisation act : 1 the government of state of madhya pradesh or chhattisgarh, as the case may be, shall, in respect of the institutions specified in the eighth schedule to this act, located in that state, continue to provide facilities to the people of the other state which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two state governments within a period of one year from the appointed day or if no agreement is reached within the said period of one year, then, as may be fixed by order of the central government. 2 the central government may, at any time within a period of one year from the appointed day, by notification in the official gazette, specify in the eighth schedule any other institution existing on the appointed day in the states of madhya pradesh and chhattisgarh and on the issue of such notification, the schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 62. of the madhya pradesh reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincia1 act for the existing state of madhya pradesh or any part thereof has, by virtue of the provisions of part ii of this act, become an interstate body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, after consultation with the governments of the successor states, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction.

section 69. of the madhya pradesh reorganisation act : 1 nothing in this section or section 68 shall be deemed to affect on or after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the union or any state: provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of madhya pradesh or to the state of chhattisgarh under section 68 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person a if he is deemed to have been allocated to any state under section 68, shall be deemed to have been rendered in connection with the affairs of that state b if he is deemed to have been allocated to the union in connection with the administration of the chhattisgarh shall be deemed to have been rendered in connection with the affairs of the union, for the purposes of the rules regulating his conditions of service. 3 the provisions of section 68, shall not apply in relation to members of any allindia service.

section 75. of the madhya pradesh reorganisation act : 1 where it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be, modified to the disadvantage of that area by reason of the formation of successor states, the central government may, after consultation with the successor states, give such directions to the state government or other authority responsible for the maintenance, so far as practicable, of such arrangement before the appointed day. 2 the central government shall within a period of three months from the appointed day, by order, also determine the share of the successor states in the entitlement of the existing state of madhya pradesh to power produced by the central government undertakings having due regard to the likely disadvantage which might have been occasioned to any successor state as a result of modified arrangements for generation and supply of electric power.

section 70. of the madhya pradesh reorganisation act : 1 every person who, immediately before the appointed day is holding or discharging duties of any post or office in connection with the affairs of the existing state of madhya pradesh in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in, that successor state: provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.

section 68. of the madhya pradesh reorganisation act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the existing state of madhya pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of madhya pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of chhattisgarh: provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in subsection 1 shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to a successor state shall, if he is not already serving therein be made available for serving in the successor state from such date as may be agreed upon between the governments concerned or in default of such agreement, as may be determined by the central government.

section 71. of the madhya pradesh reorganisation act : the central government may, by order establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of any of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 72. of the madhya pradesh reorganisation act : the central government may, give such directions to the state government of madhya pradesh and the state government of chhattisgarh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state governments shall comply with such directions.

section 73. of the madhya pradesh reorganisation act : 1 the public service commission for the existing state of madhya pradesh shall, on and from the appointed day, be the public service commission for the state of madhya pradesh. 2 the persons holding office immediately before the appointed day as chairman or other member of the public service commission for the existing state of madhya pradesh shall, as from the appointed day, be the chairman or, as the case may be, the other member of the public service commission for the state of madhya pradesh. 3 every person who becomes chairman or other member of the public service commission for the state of madhya pradesh on the appointed day under subsection 2, shall a be entitled to receive from the government of the state of madhya pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him b subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day. 4 the report of the madhya pradesh public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of the states of madhya pradesh and chhattisgarh, and the governor of the state of madhya pradesh shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of madhya pradesh and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of the state of chhattisgarh.

section 74. of the madhya pradesh reorganisation act : 1 notwithstanding anything contained in any law for the time being in force, every commission, authority, tribunal, university, board or any other body constituted under a central act, state act or provincial act and having jurisdiction over the existing state of madhya pradesh shall on and from the appointed day continue to function in the successor state of madhya pradesh and also exercise jurisdiction as existed before the appointed day over the state of chhattisgarh for a maximum period of two years from the appointed day or till such period as is decided by mutual agreement between the successor states i to continue such body as a joint body for the successor states or ii to abolish it, on the expiry of that period, for either of the successor states or iii to constitute a separate commission, authority, tribunal, university, board or any other body, as the case may be, for the state of chhattisgarh, whichever is earlier. 2 no suit or other legal proceeding shall be instituted, in case such body is abolished under clause ii of subsection 1, by any employee of such body against the termination of his appointment or for the enforcement of any service conditions or for securing absorption in alternative public employment against the central government or any of the successor states. 3 notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any court or tribunal or contract or agreement, any chairman or member of any body abolished under clause ii of subsection 1 shall not be entitled to any compensation for the unexpired period of his tenure. 4 notwithstanding anything contained in this section or any law for the time being in force, the central government, shall, in accordance with any mutual agreement between the successor states or if there is no such agreement, after consultation with the governments of the successor states, issue directions for the resolution of any matter relating to any body referred to in subsection 1 and falling within the jurisdiction of any of the successor states within any period referred to in subsection 1.

section 76. of the madhya pradesh reorganisation act : 1 the central government may, as and when it considers necessary, constitute an interstate river water board, after consultation with the successor states, for the planning and development of interstate rivers and river valleys. 2 the interstate river board constituted under subsection 1 may be entrusted with the following functions, namely: a to examine the requirement of funds for various projects according to the programmes laid down for such projects and to advise regarding the apportionment of the expenditure to the state participating to implement such programmes keeping in view the agreement on the sharing of costs b to decide the sharing and withdrawal of water from the reservoirs for irrigation, power and other purposes with a view to securing better use of available water c to determine the programmes of resettlement of displaced persons as a result of the projects and d to approve and supervise the planning, survey and investigation, preparation of project reports and construction of joint interstate projects and their subsequent operation and maintenance.

section 83. of the madhya pradesh reorganisation act : 1 every proceeding pending immediately before the appointed day before a court including high court, tribunal, authority or officer in any area which on that day falls within the state of madhya pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of chhattisgarh state, stand transferred to the corresponding court, tribunal, authority or officer of the state of chhattisgarh. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court of madhya pradesh and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in the state of chhattisgarh means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority or officer in the state of chhattisgarh, as may be determined after the appointed day by the government of that state or the central government, as the case may be, or before the appointed day by the government of the existing state of madhya pradesh to be the corresponding court, tribunal, authority or officer.

section 77. of the madhya pradesh reorganisation act : on and from the appointed day, in section 15 of the states reorganisation act, , in clause b, for the words uttar pradesh and madhya pradesh, the words uttar pradesh, madhya pradesh and chhattisgarh shall be substituted.

section 78. of the madhya pradesh reorganisation act : the provisions of part ii of this act shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of madhya pradesh shall, until otherwise provided by a competent legislature or other competent authority be constituted as meaning the territories within the existing state of madhya pradesh before the appointed day.

section 80. of the madhya pradesh reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 79 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of madhya pradesh or chhattisgarh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 79. of the madhya pradesh reorganisation act : for the purpose of facilitating the application in relation to the state of madhya pradesh or chhattisgarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law in its application to a state, the state government.

section 81., for exercising statutory functions. of the madhya pradesh reorganisation act : the government of the state of chhattisgarh, as respects the transferred territory may, by notification in the officia1 gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 82. of the madhya pradesh reorganisation act : where immediately before the appointed day, the existing state of madhya pradesh is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the states of madhya pradesh and chhattisgarh under this act, the state of madhya pradesh or chhattisgarh which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of madhya pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.

section 86. of the madhya pradesh reorganisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not in consistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day. 2 every order made under this section shall be laid, before each house of parliament.

section 84. of the madhya pradesh reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing state of madhya pradesh shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of chhattisgarh.

section 85. of the madhya pradesh reorganisation act : the provision of this act shall have effect notwithstanding anything in consistent therewith contained in any other law.

section 8. of the arbitration and conciliation act : 11 a judicial authority, before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party to the arbitration agreement or any person claiming through or under him, so applies not later than the date of submitting his first statement on the substance of the dispute, then, notwithstanding any judgment, decree or order of the supreme court or any court, refer the parties to arbitration unless it finds that prima facie no valid arbitration agreement exists. 2 the application referred to in subsection 1 shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof: 2provided that where the original arbitration agreement or a certified copy thereof is not available with the party applying for reference to arbitration under subsection 1, and the said agreement or certified copy is retained by the other party to that agreement, then, the party so applying shall file such application along with a copy of the arbitration agreement and a petition praying the court to call upon the other party to produce the original arbitration agreement or its duly certified copy before that court. 3 notwithstanding that an application has been made under subsection 1 and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. state amendments jammu and kashmir and ladakh uts. insertion of section 8a and section 8b.after section 8, insert the following sections, namely: 8a. power of the court, seized of petitions under sections 9 or 11 of the act, to refer the dispute to mediation or conciliation.1 if during the pendency of petitions under sections 9 or 11 of the act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to, a mediation or b conciliation. 2 the procedure for reference of a dispute to mediation is as under a where a dispute has been referred for resolution by recourse to mediation, the procedure framed under that act shall apply b in case of a successful resolution of the dispute, the mediator shall immediately forward the mediated settlement to the referral court c on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same d the court shall record a statement on oath of the parties, or their authorised representatives, affirming the mediated settlement as well as a clear undertaking of the parties to abide by the terms of the settlement e if satisfied, the court shall pass an order in terms of the settlement f if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof g if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses iii, iv and v h such a mediated settlement, shall have the same status and effect as an arbitral award and may be enforced in the manner specified under section 36 of the act. 3 with respect to reference of a dispute to conciliation, the provisions of part ii of this act shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this act. 8b. power of the court, seized of matters under sections 34 or 37 of the act, to refer the dispute to mediation or conciliation.1 if during the pendency of a petition under section 34 or an appeal under section 37 of the act, it appears to the court, that there exists elements of a settlement which may be acceptable to the parties, the court may, with the consent of parties, refer the parties, for resolution of their disputes, to: a mediation or b conciliation. 2 the procedure for reference of a dispute to mediation is as under: a where a dispute has been referred for resolution by recourse to mediation, the procedure framed under the act shall apply b in case of a successful resolution of the dispute, the mediator shall immediately forward the mediated settlement to the referral court c on receipt of the mediated settlement, the referral court shall independently apply its judicial mind and record a satisfaction that the mediated settlement is genuine, lawful, voluntary, entered into without coercion, undue influence, fraud or misrepresentation and that there is no other legal impediment in accepting the same d the court shall record a statement on oath of the parties, or their authorized representatives, affirming the mediated settlement, a clear undertaking of the parties to abide by the terms of the settlement as well as statement to the above effect e if satisfied, the court shall pass an order in terms of the settlement f if the main petition, in which the reference was made is pending, it shall be disposed of by the referral court in terms thereof g if the main petition, in which the reference was made stands disposed of, the mediated settlement and the matter shall be listed before the referral court, which shall pass orders in accordance with clauses iii, iv and v h such a mediated settlement, shall have the status of a modified arbitral award and may be enforced in the manner specified under section 36 of the act. 3 with respect to reference of a dispute to conciliation, the provisions of part iii of the act, shall apply as if the conciliation proceedings were initiated by the parties under the relevant provision of this act. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subs. by act 3 of , s. 4, for subsection 1 w. e. f. . 2. ins. by s. 4, ibid. w.e.f. .

section 1. of the arbitration and conciliation act : 1 this act may be called the arbitration and conciliation act, . 2 it extends to the whole of india: 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the proviso and explanation omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 2. 22nd august, , vide notification no. g.s.r 375e, dated 22nd august, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the arbitration and conciliation act : 1 in this part, unless the context otherwise requires, a arbitration means any arbitration whether or not administered by permanent arbitral institution b arbitration agreement means an agreement referred to in section 7 c arbitral award includes an interim award d arbitral tribunal means a sole arbitrator or a panel of arbitrators 1e court means i in the case of an arbitration other than international commercial arbitration, the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subjectmatter of the arbitration if the same had been the subjectmatter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes ii in the case of international commercial arbitration, the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subjectmatter of the arbitration if the same had been the subjectmatter of a suit, and in other cases, a high court having jurisdiction to hear appeals from decrees of courts subordinate to that high court f international commercial arbitration means an arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india and where at least one of the parties is i an individual who is a national of, or habitually resident in, any country other than india or ii a body corporate which is incorporated in any country other than india or iii 2 an association or a body of individuals whose central management and control is exercised in any country other than india or iv the government of a foreign country g legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting h party means a party to an arbitration agreement. 2 this part shall apply where the place of arbitration is in india: 3provided that subject to an agreement to the contrary, the provisions of sections 9, 27 and clause a of subsection 1 and subsection 3 of section 37 shall also apply to international commercial arbitration, even if the place of arbitration is outside india, and an arbitral award made or to be made in such place is enforceable and recognised under the provisions of part ii of this act. 3 this part shall not affect any other law for the time being in force by virtue of which certain disputes may not be submitted to arbitration. 4 this part except subsection 1 of section 40, sections 41 and 43 shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as the provisions of this part are inconsistent with that other enactment or with any rules made thereunder. 5 subject to the provisions of subsection 4, and save in so far as is otherwise provided by any law for the time being in force or in any agreement in force between india and any other country or countries, this part shall apply to all arbitrations and to all proceedings relating thereto. 6 where this part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to determine that issue. 7 an arbitral award made under this part shall be considered as a domestic award. 8 where this part a refers to the fact that the parties have agreed or that they may agree, or b in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. 9 where this part, other than clause a of section 25 or clause a of subsection 2 of section 32, refers to a claim, it shall also apply to a counterclaim, and where it refers to a defence, it shall also apply to a defence to that counterclaim. 1. subs. by act 3 of , s. 2, for clause e w.e.f. . 2. the words a company or omitted by s. 2, ibid. w.e.f. . 3. ins. by s. 2, ibid. w.e. f. .

section 3. of the arbitration and conciliation act : 1 unless otherwise agreed by the parties, a any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and b if none of the places referred to in clause a can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressees last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it. 2 the communication is deemed to have been received on the day it is so delivered. 3 this section does not apply to written communications in respect of proceedings of any judicial authority.

section 7. of the arbitration and conciliation act : 1 in this part, arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. 2 an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. 3 an arbitration agreement shall be in writing. 4 an arbitration agreement is in writing if it is contained in a a document signed by the parties b an exchange of letters, telex, telegrams or other means of telecommunication 1including communication through electronic means which provide a record of the agreement or c an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. 5 the reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract. 1. ins. by act 3 of , s. 3 w. e. f. .

section 4. of the arbitration and conciliation act : a party who knows that a any provision of this part from which the parties may derogate, or b any requirement under the arbitration agreement, has not been complied with and yet proceeds with the arbitration without stating his objection to such noncompliance without undue delay or, if a time limit is provided for stating that objection, within that period of time, shall be deemed to have waived his right to so object.

section 10. of the arbitration and conciliation act : 1 the parties are free to determine the number of arbitrators, provided that such number shall not be an even number. 2 failing the determination referred to in subsection 1, the arbitral tribunal shall consist of a sole arbitrator.

section 5. of the arbitration and conciliation act : notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part.

section 6. of the arbitration and conciliation act : in order to facilitate the conduct of the arbitral proceedings, the parties, or the arbitral tribunal with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

section 9., by court. of the arbitration and conciliation act : 11 a party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court i for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings or ii for an interim measure of protection in respect of any of the following matters, namely: a the preservation, interim custody or sale of any goods which are the subjectmatter of the arbitration agreement b securing the amount in dispute in the arbitration c the detention, preservation or inspection of any property or thing which is the subjectmatter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence d interim injunction or the appointment of a receiver e such other interim measure of protection as may appear to the court to be just and convenient, and the court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it. 22 where, before the commencement of the arbitral proceedings, a court passes an order for any interim measure of protection under subsection 1, the arbitral proceedings shall be commenced within a period of ninety days from the date of such order or within such further time as the court may determine. 3 once the arbitral tribunal has been constituted, the court shall not entertain an application under subsection 1, unless the court finds that circumstances exist which may not render the remedy provided under section 17 efficacious. 1. section 9 shall be renumbered as subsection 1 thereof by s. 5, ibid. w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 11. of the arbitration and conciliation act : 1 a person of any nationality may be an arbitrator, unless otherwise agreed by the parties. 2 subject to subsection 6, the parties are free to agree on a procedure for appointing the arbitrator or arbitrators. 3 failing any agreement referred to in subsection 2, in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. 4 if the appointment procedure in subsection 3 applies and a a party fails to appoint an arbitrator within thirty days from the receipt of a request to do so from the other party or b the two appointed arbitrators fail to agree on the third arbitrator within thirty days from the date of their appointment, the appointment shall be made, upon request of a party, by 1the supreme court or, as the case may be, the high court or any person or institution designated by such court 5 failing any agreement referred to in subsection 2, in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator within thirty days from receipt of a request by one party from the other party to so agree the appointment shall be made, upon request of a party, by 1the supreme court or, as the case may be, the high court or any person or institution designated by such court. 6 where, under an appointment procedure agreed upon by the parties, a a party fails to act as required under that procedure or b the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure or c a person, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request 1the supreme court or, as the case may be, the high court or any person or institution designated by such court to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment. 26a the supreme court or, as the case may be, the high court, while considering any application under subsection 4 or subsection 5 or subsection 6, shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement. 6b the designation of any person or institution by the supreme court or, as the case may be, the high court, for the purposes of this section shall not be regarded as a delegation of judicial power by the supreme court or the high court. 7 a decision on a matter entrusted by subsection 4 or subsection 5 or subsection 6 to 3the supreme court or, as the case may be, the high court or the person or institution designated by such court is final and no appeal including letters patent appeal shall lie against such decision. 4 8 the supreme court or, as the case may be, the high court or the person or institution designated by such court, before appointing an arbitrator, shall seek a disclosure in writing from the prospective arbitrator in terms of subsection 1 of section 12, and have due regard to a any qualifications required for the arbitrator by the agreement of the parties and b the contents of the disclosure and other considerations as are likely to secure the appointment of an independent and impartial arbitrator. 9 in the case of appointment of sole or third arbitrator in an international commercial arbitration, 5the supreme court or the person or institution designated by that court may appoint an arbitrator of a nationality other than the nationalities of the parties where the parties belong to different nationalities. 610 the supreme court or, as the case may be, the high court, may make such scheme as the said court may deem appropriate for dealing with matters entrusted by subsection 4 or subsection 5 or subsection 6, to it. 11 where more than one request has been made under subsection 4 or subsection 5 or subsection 6 to the chief justices of different high courts or their designates, 7different high courts or their designates, the high court or its designate to whom the request has been first made under the relevant subsection shall alone be competent to decide on the request. 812 a where the matters referred to in subsections 4, 5, 6, 7, 8 and subsection 10 arise in an international commercial arbitration, the reference to the supreme court or, as the case may be, the high court in those subsections shall be construed as a reference to the supreme court and b where the matters referred to in subsections 4, 5, 6, 7, 8 and subsection 10 arise in any other arbitration, the reference to the supreme court or, as the case may be, the high court in those subsections shall be construed as a reference to the high court within whose local limits the principal civil court referred to in clause e of subsection 1 of section 2 is situate, and where the high court itself is the court referred to in that clause, to that high court. 913 an application made under this section for appointment of an arbitrator or arbitrators shall be disposed of by the supreme court or the high court or the person or institution designated by such court, as the case may be, as expeditiously as possible and an endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party. 14 for the purpose of determination of the fees of the arbitral tribunal and the manner of its payment to the arbitral tribunal, the high court may frame such rules as may be necessary, after taking into consideration the rates specified in the fourth schedule. explanation. for the removal of doubts, it is hereby clarified that this subsection shall not apply to international commercial arbitration and in arbitrations other than international commercial arbitration in case where parties have agreed for determination of fees as per the rules of an arbitral institution. 1. subs. by act 3 of , s. 6, for the chief justice or any person or institution designated by him w. e. f. . 2. ins. by s. 6, ibid. w.e.f. . 3. subs. by s. 6,ibid., for the chief justice or the person or institution designated by him is final w.e.f. . 4. subs. by act 3 of , s. 6, for subsection 8 w.e.f. . 5. subs. by s. 6, ibid., for the chief justice of india of india or the person or institution designated by him w.e.f. . 6. subs. by s. 6, ibid., for subsection 10 w.e.f. . 7. subs. by s. 6,ibid., for the chief justices of different high courts or their designates, the chief justice or his designate to whom the request has been first made w.e.f . 8. subs. by s. 6, ibid., for subsection 12 w.e.f. . 9. ins. by s. 6, ibid. w.e.f. .

section 11a. of the arbitration and conciliation act : 111a. power of central government to amend fourth schedule.1 if the central government government is satisfied that it is necessary or expedient so to do, it may, by notification in the official gazette, amend the fourth schedule and thereupon the fourth schedule shall be deemed to have been amended accordingly. 2 a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by the both houses of parliament. 1. ins. by s. 7, ibid. w.e.f. .

section 17. of the arbitration and conciliation act : 117. interim measures ordered by arbitral tribunal. 1 a party may, during the arbitral proceedings 2, apply to the arbitral tribunal i for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings or ii for an interim measure of protection in respect of any of the following matters, namely: a the preservation, interim custody or sale of any goods which are the subjectmatter of the arbitration agreement b securing the amount in dispute in the arbitration c the detention, preservation or inspection of any property or thing which is the subjectmatter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken, or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence d interim injunction or the appointment of a receiver e such other interim measure of protection as may appear to the arbitral tribunal to be just and convenient, and the arbitral tribunal shall have the same power for making orders, as the court has for the purpose of, and in relation to, any proceedings before it. 2 subject to any orders passed in an appeal under section 37, any order issued by the arbitral tribunal under this section shall be deemed to be an order of the court for all purposes and shall be enforceable under the code of civil procedure, 5 of , in the same manner as if it were an order of the court. 1. subs. by act 3 of , s. 10, for section 17 w.e.f. . 2. the words and figures or at any time after the making of the arbitral award but before it is enforced in accordance with section 36 omitted by act 33 of , s. 4 w.e.f. .

section 12. of the arbitration and conciliation act : 11 when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances, a such as the existence either direct or indirect, of any past or present relationship with or interest in any of the parties or in relation to the subjectmatter in dispute, whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to his independence or impartiality and b which are likely to affect his ability to devote sufficient time to the arbitration and in particular his ability to complete the entire arbitration within a period of twelve months. explanation 1.the grounds stated in the fifth schedule shall guide in determining whether circumstances exist which give rise to justifiable doubts as to the independence or impartiality of an arbitrator. explanation 2.the disclosure shall be made by such person in the form specified in the sixth schedule. 3 an arbitrator may be challenged only if a circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or b he does not possess the qualifications agreed to by the parties. 4 a party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made. 25 notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subjectmatter of the dispute, falls under any of the categories specified in the seventh schedule shall be ineligible to be appointed as an arbitrator: provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this subsection by an express agreement in writing. 1. subs. by act 3 of , s. 8, for subsection 1 w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 13. of the arbitration and conciliation act : 1 subject to subsection 4, the parties are free to agree on a procedure for challenging an arbitrator. 2 failing any agreement referred to in subsection 1, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in subsection 3 of section 12, send a written statement of the reasons for the challenge to the arbitral tribunal. 3 unless the arbitrator challenged under subsection 2 withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. 4 if a challenge under any procedure agreed upon by the parties or under the procedure under subsection 2 is not successful, the arbitral tribunal shall continue the arbitral proceedings and make an arbitral award. 5 where an arbitral award is made under subsection 4, the party challenging the arbitrator may make an application for setting aside such an arbitral award in accordance with section 34. 6 where an arbitral award is set aside on an application made under subsection 5, the court may decide as to whether the arbitrator who is challenged is entitled to any fees.

section 14. of the arbitration and conciliation act : 1 1the mandate of an arbitrator shall terminate and he shall be substituted by another arbitrator, if a he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay and b he withdraws from his office or the parties agree to the termination of his mandate. 2 if a controversy remains concerning any of the grounds referred to in clause a of subsection 1, a party may, unless otherwise agreed by the parties, apply to the court to decide on the termination of the mandate. 3 if, under this section or subsection 3 of section 13, an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, it shall not imply acceptance of the validity of any ground referred to in this section or subsection 3 of section 12. 1. subs. by s. 9, ibid., for the mandate of an arbitrator shall terminate if w.e.f. .

section 15. of the arbitration and conciliation act : 1 in addition to the circumstances referred to in section 13 or section 14, the mandate of an arbitrator shall terminate a where he withdraws from office for any reason or b by or pursuant to agreement of the parties. 2 where the mandate of an arbitrator terminates, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. 3 unless otherwise agreed by the parties, where an arbitrator is replaced under subsection 2, any hearings previously held may be repeated at the discretion of the arbitral tribunal. 4 unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section shall not be invalid solely because there has been a change in the composition of the arbitral tribunal.

section 16. of the arbitration and conciliation act : 1 the arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and b a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. 2 a plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence however, a party shall not be precluded from raising such a plea merely because that he has appointed, or participated in the appointment of, an arbitrator. 3 a plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. 4 the arbitral tribunal may, in either of the cases referred to in subsection 2 or subsection 3, admit a later plea if it considers the delay justified. 5 the arbitral tribunal shall decide on a plea referred to in subsection 2 or subsection 3 and, where the arbitral tribunal takes a decision rejecting the plea, continue with the arbitral proceedings and make an arbitral award. 6 a party aggrieved by such an arbitral award may make an application for setting aside such an arbitral award in accordance with section 34.

section 18. of the arbitration and conciliation act : the parties shall be treated with equality and each party shall be given a full opportunity to present his case.

section 19. of the arbitration and conciliation act : 1 the arbitral tribunal shall not be bound by the code of civil procedure, 5 of or the indian evidence act, 1 of . 2 subject to this part, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. 3 failing any agreement referred to in subsection 2, the arbitral tribunal may, subject to this part, conduct the proceedings in the manner it considers appropriate. 4 the power of the arbitral tribunal under subsection 3 includes the power to determine the admissibility, relevance, materiality and weight of any evidence.

section 20. of the arbitration and conciliation act : 1 the parties are free to agree on the place of arbitration. 2 failing any agreement referred to in subsection 1, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. 3 notwithstanding subsection 1 or subsection 2, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of documents, goods or other property.

section 26. of the arbitration and conciliation act : 1 unless otherwise agreed by the parties, the arbitral tribunal may a appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and b require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. 2 unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. 3 unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, goods or other property in the possession of the expert with which he was provided in order to prepare his report.

section 22. of the arbitration and conciliation act : 1 the parties are free to agree upon the language or languages to be used in the arbitral proceedings. 2 failing any agreement referred to in subsection 1, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings. 3 the agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal. 4 the arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

section 23. of the arbitration and conciliation act : 1 within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements. 2 the parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. 12a the respondent, in support of his case, may also submit a counterclaim or plead a setoff, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or setoff falls within the scope of the arbitration agreement. 3 unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. 24 the statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing of their appointment. 1. ins. by act 3 of , s. 11 w.e.f. . 2. ins. by act 33 of , s. 5 w.e.f. .

section 21. of the arbitration and conciliation act : unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.

section 25. of the arbitration and conciliation act : unless otherwise agreed by the parties, where, without showing sufficient cause, a the claimant fails to communicate his statement of claim in accordance with subsection 1 of section 23, the arbitral tribunal shall terminate the proceedings b the respondent fails to communicate his statement of defence in accordance with subsection 1 of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant 1and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited. c a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it. 1. ins. by s. 13, ibid. w.e.f. .

section 24. of the arbitration and conciliation act : 1 unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials: provided that the arbitral tribunal shall hold oral hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held: 1provided further that the arbitral tribunal shall, as far as possible, hold oral hearings for the presentation of evidence or for oral argument on daytoday basis, and not grant any adjournments unless sufficient cause is made out, and may impose costs including exemplary costs on the party seeking adjournment without any sufficient cause. 2 the parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property. 3 all statements, documents or other information supplied to, or applications made to the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. 1. ins. by s. 12, ibid. w.e.f. .

section 27. of the arbitration and conciliation act : 1 the arbitral tribunal, or a party with the approval of the arbitral tribunal, may apply to the court for assistance in taking evidence. 2 the application shall specify a the names and addresses of the parties and the arbitrators b the general nature of the claim and the relief sought c the evidence to be obtained, in particular, i the name and address of any person to be heard as witness or expert witness and a statement of the subjectmatter of the testimony required ii the description of any document to be produced or property to be inspected. 3 the court may, within its competence and according to its rules on taking evidence, execute the request by ordering that the evidence be provided directly to the arbitral tribunal. 4 the court may, while making an order under subsection 3, issue the same processes to witnesses as it may issue in suits tried before it. 5 persons failing to attend in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings, shall be subject to the like disadvantages, penalties and punishments by order of the court on the representation of the arbitral tribunal as they would incur for the like offences in suits tried before the court. 6 in this section the expression processes includes summonses and commissions for the examination of witnesses and summonses to produce documents.

section 31a. of the arbitration and conciliation act : 131a. regime for costs. 1 in relation to any arbitration proceeding or a proceeding under any of the provisions of this act pertaining to the arbitration, the court or arbitral tribunal, notwithstanding anything contained in the code of civil procedure, 5 of , shall have the discretion to determine a whether costs are payable by one party to another b the amount of such costs and c when such costs are to be paid. explanation.for the purpose of this subsection, costs means reasonable costs relating to i the fees and expenses of the arbitrators, courts and witnesses ii legal fees and expenses iii any administration fees of the institution supervising the arbitration and iv any other expenses incurred in connection with the arbitral or court proceedings and the arbitral award. 2 if the court or arbitral tribunal decides to make an order as to payment of costs, a the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party or b the court or arbitral tribunal may make a different order for reasons to be recorded in writing. 3 in determining the costs, the court or arbitral tribunal shall have regard to all the circumstances, including a the conduct of all the parties b whether a party has succeeded partly in the case c whether the party had made a frivolous counterclaim leading to delay in the disposal of the arbitral proceedings and d whether any reasonable offer to settle the dispute is made by a party and refused by the other party. 4 the court or arbitral tribunal may make any order under this section including the order that a party shall pay a a proportion of another partys costs b a stated amount in respect of another partys costs c costs from or until a certain date only d costs incurred before proceedings have begun e costs relating to particular steps taken in the proceedings f costs relating only to a distinct part of the proceedings and g interest on costs from or until a certain date. 5 an agreement which has the effect that a party is to pay the whole or part of the costs of the arbitration in any event shall be only valid if such agreement is made after the dispute in question has arisen. 1. ins. by s.17, ibid. w.e.f. .

section 28. of the arbitration and conciliation act : 1 where the place of arbitration is situate in india, a in an arbitration other than an international commercial arbitration, the arbitral tribunal shall decide the dispute submitted to arbitration in accordance with the substantive law for the time being in force in india b in international commercial arbitration, i the arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute ii any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules iii failing any designation of the law under clause a by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute. 2 the arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so. 13 while deciding and making an award, the arbitral tribunal shall, in all cases, take into account the terms of the contract and trade usages applicable to the transaction. 1. subs. by act 3 of , s. 14, for subsection 3 w.e.f. .

section 29. of the arbitration and conciliation act : 1 unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. 2 notwithstanding subsection 1, if authorised by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by the presiding arbitrator.

section 29a. of the arbitration and conciliation act : 129a.time limit for arbitral award.21 the award in matters other than international commercial arbitration shall be made by the arbitral tribunal within a period of twelve months from the date of completion of pleadings under subsection 4 of section 23: provided that the award in the matter of international commercial arbitration may be made as expeditiously as possible and endeavor may be made to dispose of the matter within a period of twelve months from the date of completion of pleadings under subsection 4 of section 23. 2 if the award is made within a period of six months from the date the arbitral tribunal enters upon the reference, the arbitral tribunal shall be entitled to receive such amount of additional fees as the parties may agree. 3 the parties may, by consent, extend the period specified in subsection 1 for making award for a further period not exceeding six months. 4 if the award is not made within the period specified in subsection 1 or the extended period specified under subsection 3, the mandate of the arbitrators shall terminate unless the court has, either prior to or after the expiry of the period so specified, extended the period: provided that while extending the period under this subsection, if the court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, then, it may order reduction of fees of arbitrators by not exceeding five per cent. for each month of such delay. 3provided further that where an application under subsection 5 is pending, the mandate of the arbitrator shall continue till the disposal of the said application: provided also that the arbitrator shall be given an opportunity of being heard before the fees is reduced. 5 the extension of period referred to in subsection 4 may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the court. 6 while extending the period referred to in subsection 4, it shall be open to the court to substitute one or all of the arbitrators and if one or all of the arbitrators are substituted, the arbitral proceedings shall continue from the stage already reached and on the basis of the evidence and material already on record, and the arbitrators appointed under this section shall be deemed to have received the said evidence and material. 7 in the event of arbitrators being appointed under this section, the arbitral tribunal thus reconstituted shall be deemed to be in continuation of the previously appointed arbitral tribunal. 8 it shall be open to the court to impose actual or exemplary costs upon any of the parties under this section. 9 an application filed under subsection 5 shall be disposed of by the court as expeditiously as possible and endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party. state amendments jammu and kashmir and ladakh uts. amendment of sections 29a. a for subsection 1, the following subsection shall be substituted, namely: 1 the award shall be made within a period of twelve months from the date the arbitral tribunal enters upon the reference. explanation.for the purposes of this subsection, an arbitral tribunal shall be deemed to have entered upon the reference on the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment. b in subsection 4, omit second and third provisos. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 3 of , s. 15 w.e.f. . 2. subs. by act 33 of , s. 6, for subsection 1 w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 31. of the arbitration and conciliation act : 1 an arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal. 2 for the purposes of subsection 1, in arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall be sufficient so long as the reason for any omitted signature is stated. 3 the arbitral award shall state the reasons upon which it is based, unless a the parties have agreed that no reasons are to be given, or b the award is an arbitral award on agreed terms under section 30. 4 the arbitral award shall state its date and the place of arbitration as determined in accordance with section 20 and the award shall be deemed to have been made at that place. 5 after the arbitral award is made, a signed copy shall be delivered to each party. 6 the arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. 7 a unless otherwise agreed by the parties, where and in so far as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the period between the date on which the cause of action arose and the date on which the award is made. 1b a sum directed to be paid by an arbitral award shall, unless the award otherwise directs, carry interest at the rate of two per cent. higher than the current rate of interest prevalent on the date of award, from the date of award to the date of payment. explanation.the expression current rate of interest shall have the same meaning as assigned to it under clause b of section 2 of the interest act, 14 of . 28 the costs of an arbitration shall be fixed by the arbitral tribunal in accordance with section 31a. explanation.for the purpose of clause a, costs means reasonable costs relating to i the fees and expenses of the arbitrators and witnesses, ii legal fees and expenses, iii any administration fees of the institution supervising the arbitration, and iv any other expenses incurred in connection with the arbitral proceedings and the arbitral award. 1. subs. by act 3 of , s. 16, for clause b w.e.f. . 2. subs. by s. 16, ibid., for subsection 8 w.e.f. .

section 30. of the arbitration and conciliation act : 1 it is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. 2 if, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. 3 an arbitral award on agreed terms shall be made in accordance with section 31 and shall state that it is an arbitral award. 4 an arbitral award on agreed terms shall have the same status and effect as any other arbitral award on the substance of the dispute.

section 29b. of the arbitration and conciliation act : 129b. fast track procedure. 1 notwithstanding anything contained in this act, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in subsection 3. 2 the parties to the arbitration agreement, while agreeing for resolution of dispute by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties. 3 the arbitral tribunal shall follow the following procedure while conducting arbitration proceedings under subsection 1: a the arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without any oral hearing b the arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them c an oral hearing may be held only, if, all the parties make a request or if the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues d the arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case. 4 the award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference. 5 if the award is not made within the period specified in subsection 4, the provisions of subsections 3 to 9 of section 29a shall apply to the proceedings. 6 the fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties. 1. ins. by s. 15, ibid. w.e.f. .

section 36. of the arbitration and conciliation act : 136. enforcement1 where the time for making an application to set aside the arbitral award under section 34 has expired, then, subject to the provisions of subsection 2, such award shall be enforced in accordance with the provisions of the code of civil procedure, 5 of , in the same manner as if it were a decree of the court. 2 where an application to set aside the arbitral award has been filed in the court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless the court grants an order of stay of the operation of the said arbitral award in accordance with the provisions of subsection 3, on a separate application made for that purpose. 3 upon filing of an application under subsection 2 for stay of the operation of the arbitral award, the court may, subject to such conditions as it may deem fit, grant stay of the operation of such award for reasons to be recorded in writing: provided that the court shall, while considering the application for grant of stay in the case of an arbitral award for payment of money, have due regard to the provisions for grant of stay of a money decree under the provisions of the code of civil procedure, 5 of . 2provided further that where the court is satisfied that a prima facie case is made out that, a the arbitration agreement or contract which is the basis of the award or b the making of the award, was induced or effected by fraud or corruption, it shall stay the award unconditionally pending disposal of the challenge under section 34 to the award. explanation.for the removal of doubts, it is hereby clarified that the above proviso shall apply to all court cases arising out of or in relation to arbitral proceedings, irrespective of whether the arbitral or court proceedings were commenced prior to or after the commencement of the arbitration and conciliation amendment act, 3 of . 1. subs. by s. 19, ibid., for section 36 w.e.f. . 2. ins. by act 3 of , s. 2 w.e.f. .

section 32. of the arbitration and conciliation act : 1 the arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under subsection 2. 2 the arbitral tribunal shall issue an order for the termination of the arbitral proceedings where a the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute, b the parties agree on the termination of the proceedings, or c the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. 3 subject to section 33 and subsection 4 of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings.

section 37. of the arbitration and conciliation act : 1 1notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the following orders and from no others to the court authorised by law to hear appeals from original decrees of the court passing the order, namely: 2a refusing to refer the parties to arbitration under section 8 b granting or refusing to grant any measure under section 9 c setting aside or refusing to set aside an arbitral award under section 34. 2 appeal shall also lie to a court from an order of the arbitral tribunal a accepting the plea referred to in subsection 2 or subsection 3 of section 16 or b granting or refusing to grant an interim measure under section 17. 3 no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the supreme court. 1. subs. by act 33 of , s. 8, for an appeal w.e.f. . 2. subs. by act 3 of , s. 20, for clauses a and b w.e.f. .

section 38. of the arbitration and conciliation act : 1 the arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in subsection 8 of section 31, which it expects will be incurred in respect of the claim submitted to it: provided that where, apart from the claim, a counterclaim has been submitted to the arbitral tribunal, it may fix separate amount of deposit for the claim and counterclaim. 2 the deposit referred to in subsection 1 shall be payable in equal shares by the parties: provided that where one party fails to pay his share of the deposit, the other party may pay that share: provided further that where the other party also does not pay the aforesaid share in respect of the claim or the counterclaim, the arbitral tribunal may suspend or terminate the arbitral proceedings in respect of such claim or counterclaim, as the case may be. 3 upon termination of the arbitral proceedings, the arbitral tribunal shall render an accounting to the parties of the deposits received and shall return any unexpended balance to the party or parties, as the case may be.

section 33. of the arbitration and conciliation act : 1 within thirty days from the receipt of the arbitral award, unless another period of time has been agreed upon by the parties a a party, with notice to the other party, may request the arbitral tribunal to correct any computation errors, any clerical or typographical errors or any other errors of a similar nature occurring in the award b if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award. 2 if the arbitral tribunal considers the request made under subsection 1 to be justified, it shall make the correction or give the interpretation within thirty days from the receipt of the request and the interpretation shall form part of the arbitral award. 3 the arbitral tribunal may correct any error of the type referred to in clause a of subsection 1, on its own initiative, within thirty days from the date of the arbitral award. 4 unless otherwise agreed by the parties, a party with notice to the other party, may request, within thirty days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 5 if the arbitral tribunal considers the request made under subsection 4 to be justified, it shall make the additional arbitral award within sixty days from the receipt of such request. 6 the arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, give an interpretation or make an additional arbitral award under subsection 2 or subsection 5. 7 section 31 shall apply to a correction or interpretation of the arbitral award or to an additional arbitral award made under this section.

section 34. of the arbitration and conciliation act : 1 recourse to a court against an arbitral award may be made only by an application for setting aside such award in accordance with subsection 2 and subsection 3. 2 an arbitral award may be set aside by the court only if a the party making the application 1establishes on the basis of the record of the arbitral tribunal that i a party was under some incapacity, or ii the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force or iii the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case or iv the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside or v the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties cannot derogate, or, failing such agreement, was not in accordance with this part or b the court finds that i the subjectmatter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or ii the arbitral award is in conflict with the public policy of india. 1explanation 1.for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if, i the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81 or ii it is in contravention with the fundamental policy of indian law or iii it is in conflict with the most basic notions of morality or justice. explanation 2.for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute. 22a an arbitral award arising out of arbitrations other than international commercial arbitrations, may also be set aside by the court, if the court finds that the award is vitiated by patent illegality appearing on the face of the award: provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by reappreciation of evidence. 3 an application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal: provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter. 4 on receipt of an application under subsection 1, the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral tribunal will eliminate the grounds for setting aside the arbitral award. 35 an application under this section shall be filed by a party only after issuing a prior notice to the other party and such application shall be accompanied by an affidavit by the applicant endorsing compliance with the said requirement. 6 an application under this section shall be disposed of expeditiously, and in any event, within a period of one year from the date on which the notice referred to in subsection 5 is served upon the other party. state amendments jammu and kashmir and ladakh uts. amendment of section 34. i after subsection 2, insert the following subsection, namely: 2a an arbitral award may also be set aside by the court, if the court finds that the award is vitiated by patent illegality appearing on the face of the award: provided that an award shall not be set aside merely on the ground of an erroneous application of the law or by reappreciation of evidence. ii in subsection 3, i for three months substitute, six months ii in proviso thereto, for, three months and thirty days substitute respectively six months and sixty days. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subs. by act 33 of , s. 7, for furnishes proof that w.e.f. . 2. subs. by act 3 of , s. 18, for the explanationw.e.f. . 3. ins. by s. 18, ibid. w.e.f. .

section 35. of the arbitration and conciliation act : subject to this part an arbitral award shall be final and binding on the parties and persons claiming under them respectively.

section 39. of the arbitration and conciliation act : 1 subject to the provisions of subsection 2 and to any provision to the contrary in the arbitration agreement, the arbitral tribunal shall have a lien on the arbitral award for any unpaid costs of the arbitration. 2 if in any case an arbitral tribunal refuses to deliver its award except on payment of the costs demanded by it, the court may, on an application in this behalf, order that the arbitral tribunal shall deliver the arbitral award to the applicant on payment into court by the applicant of the costs demanded, and shall, after such inquiry, if any, as it thinks fit, further order that out of the money so paid into court there shall be paid to the arbitral tribunal by way of costs such sum as the court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant. 3 an application under subsection 2 may be made by any party unless the fees demanded have been fixed by written agreement between him and the arbitral tribunal, and the arbitral tribunal shall be entitled to appear and be heard on any such application. 4 the court may make such orders as it thinks fit respecting the costs of the arbitration where any question arises respecting such costs and the arbitral award contains no sufficient provision concerning them.

section 40. of the arbitration and conciliation act : 1 an arbitration agreement shall not be discharged by the death of any party thereto either as respects the deceased or as respects any other party, but shall in such event be enforceable by or against the legal representative of the deceased. 2 the mandate of an arbitrator shall not be terminated by the death of any party by whom he was appointed. 3 nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.

section 44. of the arbitration and conciliation act : in this chapter, unless the context otherwise requires, foreign award means an arbitral award on differences between persons arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in india, made on or after the 11th day of october, a in pursuance of an agreement in writing for arbitration to which the convention set forth in the first schedule applies, and b in one of such territories as the central government, being satisfied that reciprocal provisions have been made may, by notification in the official gazette, declare to be territories to which the said convention applies.

section 41. of the arbitration and conciliation act : 1 where it is provided by a term in a contract to which an insolvent is a party that any dispute arising thereout or in connection therewith shall be submitted to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such dispute. 2 where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies is required to be determined in connection with, or for the purposes of, the insolvency proceedings, then, if the case is one to which subsection 1 does not apply, any other party or the receiver may apply to the judicial authority having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be submitted to arbitration in accordance with the arbitration agreement, and the judicial authority may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly. 3 in this section the expression receiver includes an official assignee.

section 42. of the arbitration and conciliation act : notwithstanding anything contained elsewhere in this part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this part has been made in a court, that court alone shall have jurisdiction over the arbitral proceedings and all sequent applications arising out of that agreement and the arbitral proceedings shall be made in that court and in no other court.

section 42b. of the arbitration and conciliation act : 142b. protection of action taken in good faith. no suit or other legal proceedings shall lie against the arbitrator for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. 1. ins. by act 33 of , s. 9 w.e.f. .

section 42a. of the arbitration and conciliation act : 142a. confidentiality of information. notwithstanding anything contained by any other law for the time being in force, the arbitrator, the arbitral institution and the parties to the arbitration agreement shall maintain confidentially of all arbitral proceedings except award where its disclosure is necessary for the purpose of implementation and enforcement of award. 1. ins. by act 33 of , s. 9 w.e.f. .

section 43. of the arbitration and conciliation act : 1 the limitation act, 36 of , shall apply to arbitrations as it applies to proceedings in court. 2 for the purposes of this section and the limitation act, 36 of , an arbitration shall be deemed to have commenced on the date referred to in section 21. 3 where an arbitration agreement to submit future disputes to arbitration provides that any claim to which the agreement applies shall be barred unless some step to commence arbitral proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may on such terms, if any, as the justice of the case may require, extend the time for such period as it thinks proper. 4 where the court orders that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the court shall be excluded in computing the time prescribed by the limitation act, 36 of , for the commencement of the proceedings including arbitration with respect to the dispute so submitted.

section 45. of the arbitration and conciliation act : notwithstanding anything contained in part i or in the code of civil procedure, 5 of , a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer the parties to arbitration, 1unless it prima facie finds that the said agreement is null and void, inoperative or incapable of being performed. 1. subs. by act 33 of , s. 11, for unless it finds w.e.f. .

section 46. of the arbitration and conciliation act : any foreign award which would be enforceable under this chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in india and any references in this chapter to enforcing a foreign award shall be construed as including references to relying on an award.

section 52. of the arbitration and conciliation act : chapter ii of this part shall not apply in relation to foreign awards to which this chapter applies.

section 48. of the arbitration and conciliation act : 1 enforcement of a foreign award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the court proof that a the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made or b the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings or was otherwise unable to present his case or c the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be enforced or d the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place or e the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. 2 enforcement of an arbitral award may also be refused if the court finds that a the subjectmatter of the difference is not capable of settlement by arbitration under the law of india or b the enforcement of the award would be contrary to the public policy of india. 1explanation 1.for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if, i the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81 or ii it is in contravention with the fundamental policy of indian law or iii it is in conflict with the most basic notions of morality or justice. explanation 2.for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute. 3 if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause e of subsection 1 the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security. 1. subs. by s. 22, ibid., for the explanation w.e.f. .

section 47. of the arbitration and conciliation act : 1 the party applying for the enforcement of a foreign award shall, at the time of the application, produce before the court a the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made b the original agreement for arbitration or a duly certified copy thereof and c such evidence as may be necessary to prove that the award is a foreign award. 2 if the award or agreement to be produced under subsection 1 is in a foreign language, the party seeking to enforce the award shall produce a translation into english certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in india. 1explanation.in this section and in the sections following in this chapter, court means the high court having original jurisdiction to decide the questions forming the subjectmatter of the arbitral award if the same had been the subjectmatter of a suit on its original civil jurisdiction and in other cases, in the high court having jurisdiction to hear appeals from decrees of courts subordinate to such high court. 1. subs. by act 3 of , s. 21, for the explanation w.e.f. .

section 49. of the arbitration and conciliation act : where the court is satisfied that the foreign award is enforceable under this chapter, the award shall be deemed to be a decree of that court.

section 53. of the arbitration and conciliation act : in this chapter foreign award means an arbitral award on differences relating to matters considered as commercial under the law in force in india made after the 28th day of july, , a in pursuance of an agreement for arbitration to which the protocol set forth in the second schedule applies, and b between persons of whom one is subject to the jurisdiction of some one of such powers as the central government, being satisfied that reciprocal provisions have been made, may, by notification in the official gazette, declare to be parties to the convention set forth in the third schedule, and of whom the other is subject to the jurisdiction of some other of the powers aforesaid, and c in one of such territories as the central government, being satisfied that reciprocal provisions have been made, may, by like notification, declare to be territories to which the said convention applies, and for the purposes of this chapter an award shall not be deemed to be final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.

section 50. of the arbitration and conciliation act : 1 1notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the order refusing to a refer the parties to arbitration under section 45 b enforce a foreign award under section 48, to the court authorised by law to hear appeals from such order. 2 no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the supreme court. 1. subs. by act 33 of , s. 12, for an appeal w.e.f. .

section 51. of the arbitration and conciliation act : nothing in this chapter shall prejudice any rights which any person would have had of enforcing in india of any award or of availing himself in india of any award if this chapter had not been enacted.

section 57. of the arbitration and conciliation act : 1 in order that a foreign award may be enforceable under this chapter, it shall be necessary that a the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto b the subjectmatter of the award is capable of settlement by arbitration under the law of india c the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure d the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending e the enforcement of the award is not contrary to the public policy or the law of india. 1explanation 1.for the avoidance of any doubt, it is clarified that an award is in conflict with the public policy of india, only if, i the making of the award was induced or affected by fraud or corruption or was in violation of section 75 or section 81 or ii it is in contravention with the fundamental policy of indian law or iii it is in conflict with the most basic notions of morality or justice. explanation 2.for the avoidance of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute. 2 even if the conditions laid down in subsection 1 are fulfilled, enforcement of the award shall be refused if the court is satisfied that a the award has been annulled in the country in which it was made b the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case or that, being under a legal incapacity, he was not properly represented c the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration: provided that if the award has not covered all the differences submitted to the arbitral tribunal, the court may, if it thinks fit, postpone such enforcement or grant it subject to such guarantee as the court may decide. 3 if the party against whom the award has been made proves that under the law governing the arbitration procedure there is a ground, other than the grounds referred to in clauses a and c of subsection 1 and clauses b and c of subsection 2 entitling him to contest the validity of the award, the court may, if it thinks fit, either refuse enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal. 1. subs. by s. 24, ibid., for the explanation w.e.f. .

section 54. of the arbitration and conciliation act : notwithstanding anything contained in part i or in the code of civil procedure, 5 of , a judicial authority, on being seized of a dispute regarding a contract made between persons to whom section 53 applies and including an arbitration agreement, whether referring to present or future differences, which is valid under that section and capable of being carried into effect, shall refer the parties on the application of either of them or any person claiming through or under him to the decision of the arbitrators and such reference shall not prejudice the competence of the judicial authority in case the agreement or the arbitration cannot proceed or becomes inoperative.

section 60. of the arbitration and conciliation act : nothing in this chapter shall prejudice any rights which any person would have had of enforcing in india of any award or of availing himself in india of any award if this chapter had not been enacted.

section 55. of the arbitration and conciliation act : any foreign award which would be enforceable under this chapter shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in india and any references in this chapter to enforcing a foreign award shall be construed as including references to relying on an award.

section 56. of the arbitration and conciliation act : 1 the party applying for the enforcement of a foreign award shall, at the time of application produce before the court a the original award or a copy thereof duly authenticated in the manner required by the law of the country in which it was made b evidence proving that the award has become final and c such evidence as may be necessary to prove that the conditions mentioned in clauses a and c of subsection 1 of section 57 are satisfied. 2 where any document requiring to be produced under subsection 1 is in a foreign language, the party seeking to enforce the award shall produce a translation into english certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in india. 1explanation.in this section and in the sections following in this chapter, court means the high court having original jurisdiction to decide the questions forming the subjectmatter of the arbitral award if the same had been the subjectmatter of a suit on its original civil jurisdiction and in other cases, in the high court having jurisdiction to hear appeals from decrees of courts subordinate to such high court. 1. subs. by act 3 of , s. 23, for the explanation w.e.f. .

section 62. of the arbitration and conciliation act : 1 the party initiating conciliation shall send to the other party a written invitation to conciliate under this part, briefly identifying the subject of the dispute. 2 conciliation proceedings, shall commence when the other party accepts in writing the invitation to conciliate. 3 if the other party rejects the invitation, there will be no conciliation proceedings. 4 if the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party accordingly.

section 58. of the arbitration and conciliation act : where the court is satisfied that the foreign award is enforceable under this chapter, the award shall be deemed to be a decree of the court.

section 65. of the arbitration and conciliation act : 1 the conciliator, upon his appointment, may request each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. each party shall send a copy of such statement to the other party. 2 the conciliator may request each party to submit to him a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. the party shall send a copy of such statement, documents and other evidence to the other party. 3 at any stage of the conciliation proceedings, the conciliator may request a party to submit to him such additional information as he deems appropriate. explanation.in this section and all the following sections of this part, the term conciliator applies to a sole conciliator, two or three conciliators, as the case may be.

section 66. of the arbitration and conciliation act : the conciliator is not bound by the code of civil procedure, 5 of or the indian evidence act, 1 of .

section 61. of the arbitration and conciliation act : 1 save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this part shall apply to conciliation of disputes arising out of legal relationship, whether contractual or not and to all proceedings relating thereto. 2 this part shall not apply where by virtue of any law for the time being in force certain disputes may not be submitted to conciliation.

section 59. of the arbitration and conciliation act : 1 an appeal shall lie from the order refusing a to refer the parties to arbitration under section 54 and b to enforce a foreign award under section 57, to the court authorised by law to hear appeals from such order. 2 no second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the supreme court.

section 67. of the arbitration and conciliation act : 1 the conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. 2 the conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties. 3 the conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute. 4 the conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.

section 70. of the arbitration and conciliation act : when the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation which he considers appropriate: provided that when a party gives any information to the conciliator subject to a specific condition that it be kept confidential, the conciliator shall not disclose that information to the other party.

section 63. of the arbitration and conciliation act : 1 there shall be one conciliator unless the parties agree that there shall be two or three conciliators. 2 where there is more than one conciliator, they ought, as a general rule, to act jointly.

section 71. of the arbitration and conciliation act : the parties shall in good faith cooperate with the conciliator and, in particular, shall endeavour to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.

section 72. of the arbitration and conciliation act : each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute.

section 64. of the arbitration and conciliation act : 1 subject to subsection 2 a in conciliation proceedings, with one conciliator, the parties may agree on the name of a sole conciliator b in conciliation proceedings with two conciliators, each party may appoint one conciliator c in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator. 2 parties may enlist the assistance of a suitable institution or person in connection with the appointment of conciliators, and in particular, a a party may request such an institution or person to recommend the names of suitable individuals to act as conciliator or b the parties may agree that the appointment of one or more conciliators be made directly by such an institution or person: provided that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and, with respect to a sole or third conciliator, shall take into account the advisability of appointing a conciliator of a nationality other than the nationalities of the parties.

section 68. of the arbitration and conciliation act : in order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

section 69. of the arbitration and conciliation act : 1 the conciliator may invite the parties to meet him or may communicate with them orally or in writing. he may meet or communicate with the parties together or with each of them separately. 2 unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place shall be determined by the conciliator, after consultation with the parties, having regard to the circumstances of the conciliation proceedings.

section 73. of the arbitration and conciliation act : 1 when it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations. after receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations. 2 if the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. if requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement. 3 when the parties sign the settlement agreement, it shall be final and binding on the parties and persons claiming under them respectively. 4 the conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.

section 75. of the arbitration and conciliation act : notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

section 74. of the arbitration and conciliation act : the settlement agreement shall have the same status and effect as if it is an arbitral award on agreed terms on the substance of the dispute rendered by an arbitral tribunal under section 30.

section 83. of the arbitration and conciliation act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall made be after the expiry of a period of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each houses of parliament.

section 76. of the arbitration and conciliation act : the conciliation proceedings shall be terminated a by the signing of the settlement agreement by the parties, on the date of the agreement or b by a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration or c by a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration or d by a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.

section 78. of the arbitration and conciliation act : 1 upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice thereof to the parties. 2 for the purpose of subsection 1, costs means reasonable costs relating to a the fee and expenses of the conciliator and witnesses requested by the conciliator with the consent of the parties b any expert advice requested by the conciliator with the consent of the parties c any assistance provided pursuant to clause b of subsection 2 of section 64 and section 68. d any other expenses incurred in connection with the conciliation proceedings and the settlement agreement. 3 the costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. all other expenses incurred by a party shall be borne by that party.

section 82. of the arbitration and conciliation act : the high court may make rules consistent with this act as to all proceedings before the court under this act.

section 77. of the arbitration and conciliation act : the parties shall not initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subjectmatter of the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, in his opinion, such proceedings are necessary for preserving his rights.

section 79. of the arbitration and conciliation act : 1 the conciliator may direct each party to deposit an equal amount as an advance for the costs referred to in subsection 2 of section 78 which he expects will be incurred. 2 during the course of the conciliation proceedings, the conciliator may direct supplementary deposits in an equal amount from each party. 3 if the required deposits under subsections 1 and 2 are not paid in full by both parties within thirty days, the conciliator may suspend the proceedings or may make a written declaration of termination of the proceedings to the parties, effective on the date of that declaration. 4 upon termination of the conciliation proceedings, the conciliator shall render an accounting to the parties of the deposits received and shall return any unexpended balance to the parties.

section 80. of the arbitration and conciliation act : unless otherwise agreed by the parties, a the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceeding in respect of a dispute that is the subject of the conciliation proceedings b the conciliator shall not be presented by the parties as a witness in any arbitral or judicial proceedings.

section 81. of the arbitration and conciliation act : the parties shall not rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings, a views expressed or suggestions made by the other party in respect of a possible settlement of the dispute b admissions made by the other party in the course of the conciliation proceedings c proposals made by the conciliator d the fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.

section 87. of the arbitration and conciliation act : 187. effect of arbitral and related court proceedings commenced. unless the parties otherwise agree, the amendments made to this act by the arbitration and conciliation amendment act, shall a not apply to i arbitral proceedings commenced before the commencement of the arbitration and conciliation amendment act, 23rd october, ii court proceedings arising out of or in relation to such arbitral proceedings irrespective of whether such court proceedings are commenced prior to or after the commencement of the arbitration and conciliation amendment act, b apply only to arbitral proceedings commenced on or after the commencement of the arbitration and conciliation amendment act, and to court proceedings arising out of or in relation to such arbitral proceedings. 1. ins. by act 33 of , s. 13 w.e.f. .

section 84. of the arbitration and conciliation act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be, after it is made before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 85. of the arbitration and conciliation act : 1 the arbitration protocol and convention act, 6 of , the arbitration act, 10 of and the foreign awards recognition and enforcement act, 45 of are hereby repealed. 2 notwithstanding such repeal, a the provisions of the said enactments shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force b all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued under this act.

section 86. of the arbitration and conciliation act : 1 the arbitration and conciliation third ordinance, ord. 27 of is hereby repealed. 2 notwithstanding such repeal, any order, rule, notification or scheme made or anything done or any action taken in pursuance of any provision of the said ordinance shall be deemed to have been made, done or taken under the corresponding provisions of this act.

section 6. of the cable television networks regulation act : no person shall transmit or retransmit through a cable service any advertisement unless such advertisement is in conformity with the prescribed advertisement code. 1 1. the proviso omitted by s. 4, ibid. w.e.f. .

section 2. of the cable television networks regulation act : in this act, unless the context otherwise requires, 1 a authorised officer means, within his local limits of jurisdiction, i a district magistrate, or ii a subdivisional magistrate, or iii a commissioner of police, and includes any other officer notified in the official gazette, by the central government or the state government, to be an authorised officer for such local limits of jurisdiction as may be determined by that government 2 ai authority means the telecom regulatory authority of india established under subsection 1 of section 3 of the telecom regulatory authority of india act, 24 of aii broadcaster means a person or a group of persons, or body corporate, or any organisation or body providing programming services and includes his or its authorised distribution agencies aiii cable operator means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network and fulfils the prescribed eligibility criteria and conditions b cable service means the transmission by cables of programmes including retransmission by cables of any broadcast television signals c cable television network means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers d company means a company as defined in section 3 of the companies act, 1 of e person means i an individual who is a citizen of india ii an association of individuals or body of individuals, whether incorporated or not, whose members are citizens of india 3 iii a company as defined in section 3 of the companies act, 1 of 4 ei post means a post and includes a pole, tower, standard, stay, strut, cabinet, pillar or any above ground contrivance for carrying, suspending or supporting any network infrastructure facility f prescribed means prescribed by rules made under this act g programme means any television broadcast and includes i exhibition of films, features, dramas, advertisements and serials 5 ii any audio or visual or audiovisual live performance or presentation, and the expression programming service shall be construed accordingly 4 gi public authority means any authority, body or institution of local selfgovernment constituted or established by or under i the constitution of india ii any law made by parliament iii any law made by a state legislature iv any notification issued or order made by the appropriate government, and includes any v body owned, controlled or substantially financed or vi nongovernmental organisation substantially financed, directly or indirectly by funds provided by the appropriate government h registering authority means such authority as the central government may, by notification in the official gazette, specify to perform the functions of the registering authority under this act 4 within such local limits of jurisdiction as may be determined by that government i subscriber means 6 any individual, or association of individuals, or a company, or any other organisation or bodywho receives the signals of cable television network at a place 7 indicated by him or it to the cable operator, without further transmitting it to any other person. 1. ins. by act 36 of , s. 2 w.e.f. . 2. subs. by act 21 of , s. 2, for clause aa w.e.f. . 3. subs. by act 21 of , s. 2, for subclause iii w.e.f. . 4. ins. by s. 2, ibid. w.e.f. . 5. the words through video cassette recorders or video cassette players omitted by s. 2, ibid. w.e.f. . 6. subs. by s. 2, ibid., for a person w.e.f. . 7. subs. by s. 2, ibid., for indicated by him w.e.f. .

section 4. of the cable television networks regulation act : 1 4. registration as cable operator.1 any person who is desirous of operating or is operating a cable television network may apply for registration or renewal of registration, as a cable operator to the registering authority. 2 the cable operator shall fulfil such eligibility criteria and conditions as may be prescribed and different eligibility criteria may be prescribed for different categories of cable operators. 3 on and from the date of issue of notification under section 4a, no new registration in a state, city, town or area notified under that section shall be granted to any cable operator who does not undertake to transmit or retransmit channels in an encrypted form through a digital addressable system. 4 an application under subsection 1 shall be made in such form and be accompanied by such documents and fees as may be prescribed. 5 on receipt of the application, the registering authority shall satisfy itself that the applicant has furnished all the required information prescribed under subsection 4 and on being so satisfied, register the applicant as a cable operator and grant him a certificate of registration or renew its registration, as the case may be, subject to such terms and conditions as may be prescribed under subsection 6: provided that the registering authority may, if it is satisfied that the applicant does not fulfil the eligibility criteria and conditions prescribed under subsection 2 or the application is not accompanied by necessary documents or fees as prescribed under subsection 4, and for reasons to be recorded in writing, by order, refuse to grant its registration or renewal, as the case may be, and communicate the same to the applicant: provided further that the applicant may prefer an appeal against the order of the registering authority refusing grant or renewal of registration to the central government. 6 without prejudice to the compliance of eligibility criteria for registration of cable operators, the central government may prescribe, having regard to the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality, foreign relation or contempt of court, defamation or incitement to an offence, such terms and conditions of registration including additional criteria or conditions to be fulfilled by the cable operator. 7 the central government may suspend or revoke the registration granted under subsection 5 if the cable operator violates one or more of the terms and conditions of such registration: provided that no such order of suspension or revocation shall be made without giving reasonable opportunity of being heard to the cable operator. 1 subs. by s. 4, ibid.,for section 4 w.e.f. .

section 5. of the cable television networks regulation act : no person shall transmit or retransmit through a cable service any programme unless such programme is in conformity with the prescribed programme code. 1 1. the proviso omitted by act 36 of , s. 3 w.e.f. .

section 3. of the cable television networks regulation act : no person shall operate a cable television network unless he is registered as a cable operator under this act. 1 1. the proviso omitted by s. 3, ibid. w.e.f. .

section 7. of the cable television networks regulation act : every cable operator shall maintain a register in the prescribed form indicating therein in brief the programmes transmitted or retransmitted through the cable service during a month and such register shall be maintained by the cable operator for a period of one year after the actual transmission or retransmission of the said programmes.

section 1. of the cable television networks regulation act : show related subordinates 1 this act may be called the cable television networks regulation act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 29th day of september, .

section 4a. of the cable television networks regulation act : 1 4a. transmission of programmes through digital addressable systems, etc. 1 where the central government is satisfied that it is necessary in the public interest so to do, it may, by notification in the official gazette, make it obligatory for every cable operator to transmit or retransmit programmes of any channel in an encrypted form through a digital addressable system with effect from such date as may be specified in the notification and different dates may be specified for different states, cities, towns or areas, as the case may be: provided that the date specified in the notification shall not be earlier than six months from the date of issue of such notification to enable the cable operators in different states, cities, towns or areas to install the equipment required for the purposes of this subsection. 2 the central government may prescribe appropriate measures and take such steps as it may consider necessary for implementation of the notification issued under subsection1. 3 if the central government is satisfied that it is necessary in the public interest so to do, and if not otherwise specified by the authority, it may direct the authority to specify, by notification in the official gazette, one or more freetoair channels to be included in the package of channels forming basic service tier and any one or more such channels may be specified, in the notification, genrewise for providing a programme mix of entertainment, information, education and such other programmes and fix the tariff for basic service tier which shall be offered by the cable operators to the consumers and the consumer shall have the option to subscribe to any such tier: provided that the cable operator shall also offer the channels in the basic service tier on a la carte basis to the subscriber at a tariff specified under this subsection. 4 the central government or the authority may specify in the notification referred to in subsection 3, the number of freetoair channels to be included in the package of channels forming basic service tier for the purposes of that subsection and different numbers may be specified for different states, cities, towns or areas, as the case may be. 5 it shall be obligatory for every cable operator to publicise the prescribed information including but not limited to subscription rates, standards of quality of service and mechanism for redressal of subscribers grievances in such manner and at such periodic intervals as may be specified by the central government or the authority for the benefit of the subscriber. 6 the cable operator shall not require any subscriber to have a receiver set of a particular type to receive signals of cable television network: provided that the subscriber shall use a digital addressable system to be attached to his receiver set for receiving programmes transmitted on any channel. 7 every cable operator shall provide such information relating to its cable services and networks in such format and at such periodic intervals to the central government or the state governments or the authority or their authorised representatives, as may be specified by them from time to time. 8 all actions taken by the central government or the authority in pursuance of the provisions of this section as they stood immediately before the 25th day of october, shall continue to remain in force till such actions are modified as per the provisions of this act. explanation.for the purposes of this section, a addressable system means an electronic device which includes hardware and its associated software or more than one electronic device put in an integrated system through which signals of cable television network can be sent in encrypted form, which can be decoded by the device or devices, having an activated conditional access system at the premises of the subscriber within the limits of authorisation made, through the conditional access system and the subscriber management system, on the explicit choice and request of such subscriber, by the cable operator to the subscriber b basic service tier means a package of freetoair channels to be offered by a cable operator to a subscriber with an option to subscribe, for a single price to subscribers of the area in which his cable television network is providing service c encrypted, in respect of a signal of cable television network, means the changing of such signal in a systematic way so that the signal would be unintelligible without use of an addressable system and the expression unencrypted shall be construed accordingly d freetoair channel, in respect of a cable television network, means a channel for which no subscription fee is to be paid by the cable operator to the broadcaster for its retransmission on cable e pay channel, in respect of a cable television network, means a channel for which subscription fees is to be paid to the broadcaster by the cable operator and due authorisation needs to be taken from the broadcaster for its retransmission on cable f subscriber management system means a system or device which stores the subscriber records and details with respect to name, address and other information regarding the hardware being utilised by the subscriber, channels or bouquets of channels subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscribers record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period. 1 subs. by act 21 of , s. 5, for section 4a w.e.f. .

section 4b. of the cable television networks regulation act : 14b. right of way for cable operators and permission by public authority.1 subject to the provisions of this act, any cable operator entitled for providing cable services may, from time to time, lay and establish cables and erect posts under, over, along, across, in or upon any immovable property vested in or under the control or management of a public authority. 2 any public authority under whose control or management any immovable property is vested may, on receipt of a request from a cable operator permit the cable operator to do all or any of the following acts, namely: a to place and maintain underground cables or posts and b to enter on the property, from time to time, in order to place, examine, repair, alter or remove such cables or posts. 3 the facility of right of way under this section for laying underground cables, and erecting posts, shall be available to all cable operators subject to the obligation of reinstatement or restoration of the property or payment of reinstatement or restoration charges in respect thereof at the option of the public authority. 4 when a public authority in public interest considers it necessary and expedient that the underground cable or post placed by any cable operator under the provisions of this section should be removed or shifted or its position altered, it may require the cable operator to remove it or shift it or alter its position, as the case may be, at its own cost in the timeframe indicated by the public authority. 5 the central government may lay down appropriate guidelines to enable the state governments to put in place an appropriate mechanism for speedy clearance of requests from cable operators for laying cables or erecting posts on any property vested in, or under the control or management of, any public authority and for settlement of disputes, including refusal of permission by the public authority. 6 any permission granted by a public authority under this section may be given subject to such reasonable conditions as that public authority thinks fit to impose as to the payment of any expenses, or time or mode of execution of any work, or as to any other matter connected with or related to any work undertaken by the cable operator in exercise of those rights. 7 nothing in this section shall confer any right upon any cable operator other than that of user for the purpose only of laying underground cable or erecting posts or maintaining them. 1. subs. by act 21 of , s. 5, for section 4a w.e.f. .

section 8. of the cable television networks regulation act : show related subordinates 1 8. compulsory transmission of certain channels. 1 the central government may, by notification in the official gazette, specify the names of doordarshan channels or the channels operated by or on behalf of parliament, to be mandatorily carried by the cable operators in their cable service and the manner of reception and retransmission of such channels: provided that in areas where digital addressable system has not been introduced in accordance with the provisions of subsection 1 of section 4a, the notification as regards the prime band is concerned shall be limited to the carriage of two doordarshan terrestrial channels and one regional language channel of the state in which the network of the cable operator is located. 2 the channels referred to in subsection 1 shall be retransmitted without any deletion or alteration of any programme transmitted on such channels. 3 notwithstanding the provisions of subsection 1, any notification issued by the central government or the prasar bharti broadcasting corporation of india in pursuance of the provisions of subsection 1, prior to the 25th day of october, shall continue to remain in force till such notifications are rescinded or amended, as the case may be. 1. subs. by act 21 of , s. 6, for section 8 w.e.f. .

section 10. of the cable television networks regulation act : every cable operator shall ensure that the cable television network being operated by him does not interfere, in any way, with the functioning of the authorised telecommunication systems 1 and is in conformity with such standards relating to interference as may be prescribed by the central government. 1. ins. by s. 8, ibid. w.e.f. .

section 9. of the cable television networks regulation act : no cable operator shall, on and from the date of the expiry of a period of three years from the date of the establishment and publication of the indian standard by the bureau of indian standards in accordance with the provisions of the bureau of indian standards act, 63 of , use any 1 equipment or digital addressable system in his cable television network unless such 1 equipment or digital addressable system conforms to the said indian standard. 2 1. subs. by act 21 of s. 7, for equipment w.e.f.. 2. the proviso omitted by s. 7, ibid. w.e.f. .

section 10a. of the cable television networks regulation act : 4 10a. inspection of cable network and services.1 without prejudice to the provisions contained in the indian telegraph act, 13 of or any other law for the time being in force, the central government or its officers authorised by it or authorised agency shall have the right to inspect the cable network and services. 2 no prior permission or intimation shall be required to exercise the right of the central government or its authorised representatives to carry out such inspection. 3 the inspection shall ordinarily be carried out after giving reasonable notice except in circumstances where giving of such a notice shall defeat the purpose of the inspection. 4 on being so directed by the central government or its authorised officers oragency so authorised by it, the cable operator shall provide the necessary equipment, services and facilities at designated place or places for lawful interception or continuous monitoring of the cable service at its own cost by or under the supervision of the central government or its officers or agency so authorised by it. 1. ins. by s. 9, ibid. w.e.f. .

section 15. of the cable television networks regulation act : 1 any person aggrieved by any decision of the court adjudicating a confiscation of the equipment may prefer an appeal to the court to which an appeal lies from the decision of such court. 2 the appellate court may, after giving the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or revising the decision appealed against or may send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence if necessary. 3 no further appeal shall lie against the order of the court made under subsection 2.

section 12. of the cable television networks regulation act : the equipment seized under subsection 1 of section 11 shall be liable to confiscation unless the cable operator from whom the equipment has been seized registers himself as a cable operator under section 4 within a period of thirty days from the date of seizure of the said equipment.

section 11. of the cable television networks regulation act : 1 11. power to seize equipment used for operating cable television network.if any authorised officer has reason to believe that the provisions of section 3, section 4a, section 5,section 6, section 8, section 9 or section 10 have been or are being contravened by any cable operator, he may seize the equipment being used by such cable operator for operating the cable television network: provided that the seizure of equipment in case of contravention of sections 5 and 6 shall be limited to the programming service provided on the channel generated at the level of the cable operator. 1. subs. by s. 10, ibid.,for section 11 w.e.f. .

section 14. of the cable television networks regulation act : 1 no order adjudicating confiscation of the equipment referred to in section 12 shall be made unless the cable operator has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such equipment and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice against the confiscation and if he so desires of being heard in the matter: provided that where no such notice is given within a period of ten days from the date of the seizure of the equipment, such equipment shall be returned after the expiry of that period to the cable operator from whose possession it was seized. 2 save as otherwise provided in subsection 1, the provisions of the code of civil procedure, 5 of shall, so far as may be, apply to every proceeding referred to in subsection 1.

section 13. of the cable television networks regulation act : no seizure or confiscation of equipment referred to in section 11 or section 12 shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this act.

section 16. of the cable television networks regulation act : 1 1 whoever contravenes any of the provisions of this act shall be punishable, a for the first offence, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both b for every subsequent offence, with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees. 2 2 notwithstanding anything contained in the code of criminal procedure, 2 of , the contravention of section 4a shall be a cognizable offence under this section. 1 section 16 numbered as subsection 1 thereof by act 2 of , s. 5 w.e.f. . 2 ins. by s. 5, ibid. w.e.f. .

section 23. of the cable television networks regulation act : 1 the cable television networks regulation ordinance, ord. 3 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provision of this act.

section 18. of the cable television networks regulation act : no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made 1 by anyauthorised officer. 1. subs. by act 36 of , s. 7, for certain words w.e.f. .

section 19. of the cable television networks regulation act : where 1 any authorised officer, thinks it necessary or expedient so to do in the public interest, he may, by order, prohibit any cable operator from transmitting or retransmitting 2 any programme or channel if, it is not in conformity with the prescribed programme code referred to in section 5 and advertisement code referred to in section 6 or if it islikely to promote, on grounds of religion, race, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill between different religious, racial, linguistic or regional groups or castes or communities or which is likely to disturb the public tranquillity. 1 subs. by s. 8, ibid., for certain words w.e.f. . 2 subs. by s. 8, ibid., for any particular programme if it is w.e.f. .

section 17. of the cable television networks regulation act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 20. of the cable television networks regulation act : 1 1 where the central government thinks it necessary or expedient so to do in public interest, it may prohibit the operation of any cable television network in such areas as it may, by notification in the official gazette, specify in this behalf. 2 2 where the central government thinks it necessary or expedient so to do in the interest of the i sovereignty or integrity of india or ii security of india or iii friendly relations of india with any foreign state or iv public order, decency or morality, it may, by order, regulate or prohibit the transmission or retransmission of any channel or programme. 3 where the central government considers that any programme of any channel is not inconformity with the prescribed programme code referred to in section 5 or the prescribed advertisement code referred to in section 6, it may by order, regulate or prohibit the transmission or retransmission of such programme. 1 section 20 renumbered as subsection 1 thereof by s. 9, ibid. w.e.f. . 2 ins. by s. 9, ibid. w.e.f. .

section 22. of the cable television networks regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1 a the eligibility criteria for different categories of cable operators under subsection2 of section 4 2 aa the form of application, documents to be accompanied and the fees payable under subsection 4 of section 4 3 aaa the terms and conditions of registration under subsection 6 of section4 4 aaaa the appropriate measures under subsection 2 of section 4a for implementation of the notification under subsection 1 of that section b the programme code under section 5 c the advertisement code under section 6 d the form of register to be maintained by a cable operator under section 7 25 da the specifications of interference standards for interfering with any telecommunication system under section 10 e any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 21 of , s. 12, for clause a w.e.f. . 2 subs. by s. 12, ibid., for clause aa w.e.f. . 3 subs. by s. 12, ibid., for clause aaa w.e.f. . 4 ins. by s. 12, ibid. w.e.f. .

section 21. of the cable television networks regulation act : the provisions of this act shall be in addition to, and not in derogation of, the drugs and cosmetics act, 23 of , the pharmacy act, 8 of , the emblems and names prevention of improper use act, 12 of , the drugs control act, 26 of , the cinematograph act, 37 of , the drugs and magic remedies objectionable advertisements act, 21 of , the prevention of food adulteration act, 37 of , the prize competitions act, 42 of , the copyright act, 14 of , the trade and merchandise marks, act, 43 of , the indecent representation of women prohibition act, 60 of 1 , the consumer protection act, 68 of and the telecom regulatory authority of india act, 24 of . 1 subs. by act 21 of , s.11, for and the consumer protection act, w.e.f. .

section 8.. of the usury laws repeal act : commencement of act. rep. by s.1 and the schedule part ii, ibid.

section 1.. of the usury laws repeal act : repeal of enactments. rep. by the repealing act, 14 of .

section 2. of the usury laws repeal act : in any suit in which interest is recoverable, the amount shall be adjudged or decreed by the court at the rate if any agreed upon by the parties and if no rate shall have been agreed upon, at such rate as the court shall deem reasonable.

section 5. proviso 6. proviso of the usury laws repeal act : whenever, under the 1regulations of the bengal code, a deposit may be made of the principal sum and interest due upon any mortgage or conditional sale of land there after to be entered into the amount of interest to be deposited shall be at the rate stipulated in the contract, or, if no rate has been stipulated and interest be payable under the terms of the contract, at the rate of twelve percentum per annum: provided that, in the latter case, the amount deposited shall be subject to the decision of the court as to the rate at which interest shall be calculated. 1. see bengal reg. 1 of , s. 2. this regulation is, however, now in force only in the sonthal parganas and with the exception of the parts which relate to interest, the regulation is also in force in the punjab.

section 4. of the usury laws repeal act : a mortgage or other contract for the loan of money, by which it is agreed that the use or usufruct of any property shall be allowed in lieu of interest, shall be binding upon the parties.

section 3. of the usury laws repeal act : whenever a court shall direct that a judgment or decree shall bear interest, or shall award interest upon a judgment or decree, it may order the interest to be calculated at the rate allowed in the judgment or decree upon the principal sum adjudged, or at such other rate as the court shall think fit

section 6. of the usury laws repeal act : in any case in which an adjustment of accounts may become necessary between the lender and the borrower of money upon any mortgage, conditional sale of landed property, or other contract whatsoever, which may be entered into after the passing of this act, interest shall be calculated at the rate stipulated therein or, if no rate of interest shall have been stipulated and interest be payable under the terms of the contract, at such rate as the court shall deem reasonable.

section 7.. of the usury laws repeal act : saving of prior transactions. rep. by the repealing act, 14 of , s. 1 and the schedule part ii.

section 9.. of the usury laws repeal act : schedule of repealed enactments. rep. by s. 1 and schedule part ii, ibid.

section 7. of the indian carriage of goods by sea act : 1 nothing in this act shall affect the operation of sections 6section 331 and part xa of the merchant shipping act, 44 of j, or the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels. 2 the rules shall not by virtue of this act apply to any contract for the carriage of goods by sea before such day2 , not being earlier than the first day of january, , as the central government may, by notification in the official gazette, appoint, nor to any bill of lading or similar document of title issued, whether before or after such day as aforesaid, in pursuance of any such contract as aforesaid. 1. subs. by act 52 of , s. 3 and the second schedule for sections 331 and 352 w.e.f. . 2. 1st january, , see gazette of india, , pt. i, p. 950.

section 1. of the indian carriage of goods by sea act : 1 this act may be called the indian carriage of goods by sea act, . 2 it extends to 1the whole of india. 1. subs. by the a.o. , for all the provinces of india.

section 6. of the indian carriage of goods by sea act : where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

section 2. of the indian carriage of goods by sea act : subject to the provisions of this act, the rules set out in the schedule hereinafter referred to as the rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in 1india to any other port whether in or outside 1india. 1. subs. ibid., for the provinces.

section 3. of the indian carriage of goods by sea act : there shall not be implied in any contract for the carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

section 5. of the indian carriage of goods by sea act : article vi of the rules shall, in relation to a the carriage of goods by sea in sailing ships carrying goods from any port in 1india to any other port whether in or outside 1india, and b the carriage of goods by sea in ships carrying goods from a port in 1india notified in this behalf in the official gazette by the central government to a port in ceylon specified in the said notification, have effect as though the said article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said article were omitted. 1. subs. ibid., for the provinces.

section 4. of the indian carriage of goods by sea act : every bill of lading, or similar document of title, issued in 1india which contains or is evidence of any contract to which the rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said rules as applied by this act. 1. subs. ibid., for the provinces.

section 2. of the madras bengal and bombay children supplementary act : the madras children act, mad. act iv of ., the bengal children act, ben. act ii of ., and the bombay children act, bom. act xiii of ., shall, so far as regards the appellate and revisional jurisdiction conferred by the said acts on the high courts of judicature at madras, at fort william in bengal and at bombay, respectively, be as valid as if the said acts had been passed by the indian legislature.

The Madras, Bengal and Bombay Children (Supplementary) Act, 1925

section 1. of the madras bengal and bombay children supplementary act : this act may be called the madras, bengal and bombay children supplementary act, .

section 8. of the poisons act : 1 in addition to any other power to make rules hereinbefore conferred 1 the state government may make rules generally to carry out the purposes and objects of this act 2 except section 3 2 every power to make rules conferred by this act shall be subject to the condition of the rules being made after previous publication. 3 all rules made by the central government or by the state government under this act shall be published in the 3 official gazette and on such publication shall have effect as if enacted in this act. 4 4 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. rule. 5 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. the words subject to the control of the g.g. in c. rep by the a.o. . 2. ins.by the a.o.. 3. subs. by the a.o. , para 4, for gazette of india or the local official gazette , as the case may be, strictly the substitution would read official gazette or the official gazette, as the case may be but the last nine words have been omitted as being obviously redundant. 4. ins. by act 4 of , s. 2 and sch. w.e.f. .

section 1. of the poisons act : 1 this act may be called the poisons act, . 1 2 it extends to the whole of india: provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the importation into india of any specified poison. 1. subs. by act 47 of , s. 2, for the former subsection 2. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the poisons act : 1 the district magistrate, the subdivisional magistrate and, in a presidencytown, the commissioner of police, may issue a warrant for the search of any place in which he has reason to believe or to suspect that any poison is possessed or sold in contravention of this act or any rule thereunder, or that any poison liable to confiscation under this act is kept or concealed. 2 the person to whom the warrant is directed may enter and search the place in accordance therewith, and the provisions of the 1 code of criminal procedure, 5 of , relating to searchwarrants shall, as far as may be, be deemed to apply to the execution of the warrant. 1 see now the code of criminal procedure, 2 of .

section 2. of the poisons act : 1 1 the state government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale, whether wholesale or retail, of any specified poison. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of the fee if any to be charged for such licences b the classes of persons to whom alone such licences may be granted c the classes of persons to whom alone any such poison may be sold d the maximum quantity of any such poison which may be sold to any one person e the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same f the safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale and g the inspection and examination of any such poison when possessed for sale by any such vendor. 1. the words subject to the control of the g.g. in c rep. by the a.o. .

section 4. of the poisons act : 1 the state government 1 may by rule regulate on the possession of any specified poison in any local area in which the use of such poison for the purpose of committing murder or mischief by poisoning cattle appears to it to be of such frequent occurrence as to render restrictions on the possession thereof desirable. 2 in making any rule under subsection 1, the state government may direct that any breach thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, together with confiscation of the poison in respect of which the breach has been committed, and of the vessels, packages or coverings in which the same is found. 1. the words subject to the control of the g.g. in c. rep by the a.o. .

section 9. of the poisons act : 1 nothing in this act or in any licence granted or rule made s thereunder shall extend to, or interfere with, anything done in good faith in the exercise of his profession as such by a medical or veterinary practitioner. 2 notwithstanding anything hereinbefore contained, the state government may 1 by general or special order declare that all or any of the provisions of this act 2 except section 3 shall be deemed not to to apply to any article or class of articles of commerce specified in such order, or to any poison or class of poisons used for any purpose so specified. 3 the authority on which any power to make rules under this act is conferred may, by general or special order, either wholly or partially a exempt from the operation of any such rules, or b exclude from the scope of the exemption provided by subsection 1, any person or class of persons either generally or in respect of any poisons specified in the order. 1. the words in its discretion rep. by the a.o. . 2. ins., ibid..

section 10.. of the poisons act : repeal of act 1 of . rep.by the repealing act, 12 of .

section 5. of the poisons act : any substance specified as a poison in a rule made or notification issued under this act shall be deemed to be a poison for the purposes of this act.

section 6. of the poisons act : 1 whoever a commits a breach of any rule made under section 2, or b imports 1 without a licence 2 into 3 india across a customs frontier4 defined by the central central government any poison the importation of which is for the time being restricted under section 3, or c breaks any condition of a licence for the importation of any poison granted to him under section 3, shall be punishable, i on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and ii on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation. 1. the words into british india rep. ibid. 2. ins.by the a.o.. 3. subs. by act 47 of , s. 3, for the states. 4. for definition of the customs frontiers of india, see gazette of india, , pt. ii, sec. 3, p. .

section 3. of the poisons act : the central government may, by notification in the official gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into 1 india 2 across any customs frontier3 defined by the central government of any specified poison, and may by rule regulate the grant of licences. 1. sub. by act 47 of , s. 3, for the states. 2. ins. by the a.o. . 3. for definition of the customs frontiers of india, see gazette of india, , pt. ii, sec. 3, p. .

section 8. of the bombay civil courts act : except as provided in sections sixteen, seventeen and twentysix, the district court shall be the court of appeal from all decrees and orders passed by the subordinate courts from which an appeal lies under any law for the time being in force.

section 1. extent of act. of the bombay civil courts act : show related subordinates this act may be called the bombay civil courts act, , and extends only to the territories other than sind under the government of the governor of bombay in council in which the code of civil procedure is now in force. but the governor of bombay in council may, by notification in the government gazette, extend this act to any other of the territories under such government in which the said code is not in force, or to sind.

section 2.. of the bombay civil courts act : repeal of enactments.rep. by the obsolete enactments act, 14 of , s. 1 and schedule, part ii w.e.f. .

section 7. of the bombay civil courts act : the district court shall be the principal court of original civil jurisdiction in the district, within the meaning of the code of civil procedure.

section 4. of the bombay civil courts act : the governor of bombay in council may also from time to time, by notification in the government gazette, alter the position of the sadar station in any district, and fix the position of the sadr station in any new district.

section 9. of the bombay civil courts act : the district judge shall have general control over all the civil courts and their establishments within the district, and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all the courts subordinate to him, and to give such directions with respect to matters not provided for by law as he may think necessary. the district judge shall also refer to the high court all such matters as appear to him to require that a rule of that court should be made thereon.

section 3. of the bombay civil courts act : the governor of bombay in council may from time to time, by notification in the government gazette, alter the limits of existing zilas which. shall hereafter be called districts and create new districts for the purposes of this act.

section 10. reports and returns. of the bombay civil courts act : the district judge shall obey all writs, orders, or processes issued to him by the high court, and shall make such returns or reports thereto under his signature and the seal of the court as the exigencies of the case require. he shall further furnish such reports and returns and copies of proceedings as may be called for by the high court or the governor of bombay in council.

section 6. of the bombay civil courts act : the district judge shall ordinarily hold the district court at the sadr station in his district, but may, with the previous sanction of the high court, hold it elsewhere within the district.

section 12. of the bombay civil courts act : the governor of bombay in council may, with the previous sanction of the governor general of india in council, appoint in any district a joint judge who shall be invested with coextensive powers and a concurrent jurisdiction with the district judge, except that he shall not keep a file of civil suits and shall transact such civil business only as he may receive from the district judge, or as may have been referred to the joint judge by order of the high court. when the appointment of a joint judge shall have been sanctioned by the governor general of india in council, the governor of bombay in council may, so long as such sanction continues in force, appoint a successor to such joint judge in case his office becomes vacant, or transfer such joint judge from one district to another and in such other district the joint judge so transferred shall have the same powers as he had in the former district.

section 5. of the bombay civil courts act : there shall be in each district a district court presided over by a judge to be called the district judge. he shall be appointed by the governor of bombay in council by whose authority only he shall be liable to be suspended or removed from his appointment. 1 1. the second paragraph of section 5 rep. by act 12 of , s. 1 and schedule, part i w.e.f. .

section 14. of the bombay civil courts act : the governor of bombay in council, under the general control of the governor general of india in council, may appoint one or more assistants to the district judge, and may suspend or remove from his appointment any assistant so appointed. 1 1. the second paragraph of section 14 rep. by act 12 of , s. 1 and schedule, part i w.e.f. .

section 16. of the bombay civil courts act : show related subordinates the district judge may refer to any assistant judge subordinate to him original suits of which the subjectmatter does not amount to ten thousand rupees in amount or value, and miscellaneous applications not being of the nature of appeals. the assistant judge shall have jurisdiction to try such suits and to dispose of such applications. where the assistant judges decrees and orders in such cases are appealable, the appeal shall lie to the district judge or to the high court according as the amount or value of the subjectmatter does not exceed or exceeds five thousand rupees. the assistant judge shall, when directed by the district judge so to do, also take evidence on applications for certificates under 1 act no. 20 of for making better provision for the care of the persons and property of minors in, the presidency of bombay, and shall forward it with his opinion thereon for the final orders of the district judge. 1. certain words repealed by act 7 of , s. 2 and the first schedule w.e.f. .

section 11. of the bombay civil courts act : the district judge shall use a circular seal two inches in diameter, which shall bear thereon the. royal arms with the following inscription in english and the principal language of the districtdistrict court of .

section 13. joint judges seal. of the bombay civil courts act : all regulations and acts now or hereafter in force and applying to a district judge shall be deemed to apply also to the joint judge and the seal of the joint judge shall be the same as is used by the district judge.

section 15. of the bombay civil courts act : an assistant judge shall ordinarily hold his court at the same place as the district judge, but he may hold his court elsewhere within the district, whenever the district judge shall, with the previous sanction of the high court, direct him so to do.

section 17. of the bombay civil courts act : the governor of bombay in council may, by notification in the government gazette, empower any assistant judge to try such appeals from the decrees and orders of the subordinate courts as would lie to the district judge and as may be referred by him to the assistant judge. decrees and orders passed under this section by an assistant judge shall have the same force and shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the district judge.

section 23. of the bombay civil courts act : the subordinate judges shall hold their courts at such place or places as the governor of bombay in council may from time to time appoint, within the local limits of their respective jurisdictions. wherever more than one such place is appointed, the district judge shall, subject to the control of the high court, fix the days on which the subordinate judge shall hold his court at each of such places, and the subordinate judge shall cause such days to be duly notified throughout the local limits of his jurisdiction. the same person may be the judge of more than one subordinate court and in such cases the district judge shall, subject to the control of the high court, prescribe rules for regulating the time during which the subordinate judge shall sit in each court. the judge of any subordinate court may, with the previous sanction of the high court, be deputed by the district judge to the court of another subordinate judge for the purpose of assisting him in the disposal of the suits on his file.

section 18. of the bombay civil courts act : a person filling the office of assistant judge, on whom the power of hearing appeals has once been conferred under section seventeen, shall continue to have this power so long and so often as he may fill the office, of assistant judge, without reference to the district in which he may be employed provided that the governor of bombay in council may, by notification in the government gazette, at any time withdraw such power.

section 19. of the bombay civil courts act : the governor of bombay in council may, by notification in the government gazette, invest an assistant judge with all or any of the powers of a district judge within a particular part of a district, and may, by like notification, from time to time determine and alter the limits of such part. the jurisdiction of an assistant judge so invested shall pro tanto exclude the jurisdiction of the district judge from within the said limits. every assistant judge so invested shall ordinarily hold his court at such place within the local limits of his jurisdiction as may be determined by the governor of bombay in council, and may, with the previous sanction of the high court, hold it at any other place within such limits.

section 20. of the bombay civil courts act : every assistant judge shall use the seal of the district judge to whom he is assistant.

section 21. of the bombay civil courts act : there shall be in each district so many civil courts subordinate to the district court as the governor of bombay in council, acting under the general control of the governor general of india in council, shall from time to time direct.

section 22. of the bombay civil courts act : the judges of such subordinate courts shall be appointed by the governor of bombay in council, and shall be called subordinate judges. no person shall be appointed a subordinate judge unless he be a subject of the queen who has practised five years as an advocate of a high court in india or as a vakil in the high court of judicature in bombay, or who has qualified for the duties of a subordinate judge according to such tests as may for the time being be prescribed by such high court, or who has taken the degree of bachelor of laws in the university of bombay. the tests so prescribed by the high court shall be notified in the government gazette.

section 22a. of the bombay civil courts act : 122a. power to fix local limits of jurisdiction of subordinate judges.the governor of bombay in council may, by notification in the official gazette, fix, and, by a like notification, from time to time alter, the local limits of the ordinary jurisdiction of the subordinate judges. 1. ins. by act 9 of , s. 2 w.e.f. .

section 24. of the bombay civil courts act : the subordinate judges shall be of two classes. jurisdiction of subordinate judge of first class.the jurisdiction of a subordinate judge of the first class extends to all original suits and proceedings of a civil nature. jurisdiction of subordinate judges of second class.the jurisdiction of a subordinate judge of the second class extends to all original suits and proceedings of a civil nature wherein the subjectmatter does not exceed in amount or value five thousand rupees.

section 25. of the bombay civil courts act : a subordinate judge of the first class, in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature wherein the subjectmatter exceeds five thousand rupees in amount or value as may arise within the local jurisdictions of the courts in the district presided over by subordinate judges of the second class. in districts to which more than one subordinate judge of the first class have been appointed, the district judge, subject to the orders of the high court, shall assign to each the local limits within which his said special jurisdiction is to be exercised.

section 26. of the bombay civil courts act : in all suits decided by a subordinate judge 1 of which the amount or value of the subjectmatter exceeds five thousand rupees, the appeal from his decision shall be direct to the high court. 1. the words of the first class in the exercise of his ordinary and special original jurisdiction omitted by act 28 of , s. 2 w.e.f. .

section 27. of the bombay civil courts act : the governor of bombay in council may invest any subordinate judge of the first class with power to hear appeals from such decrees and orders of subordinate courts as may be referred to him by the judge of the district. decrees and orders so passed in appeal by a subordinate judge of the first class shall have the same, force as if passed by a district judge. the governor of bombay in council may, whenever he thinks fit, withdraw such jurisdiction from any subordinate judge so invested.

section 32. of the bombay civil courts act : 1no subordinate judge or court of small causes shall receive or register a suit in which the government or any officer of government in his official capacity is a party, but in every such case such judge or court shall refer the plaintiff to the district judge, in whose court alone subject to the provisions of section nineteen such suit shall be instituted. 2 provided that nothing in this section shall be deemed to apply to any suit merely because a a municipal corporation constituted under bombay act no. 6 of , or any other enactment for the time being in force, is a party to such suit and an officer of government is in his official capacity a member of such corporation, or b an officer of a court appointed under the code of civil procedure, section 456, last paragraph, 3 a party to such suit. 1. subs. by act 10 of , s. 15, for certain words w.e.f. . 2. added by act 15 of , s. 3 w.e.f. . 3. certain words rep. by act 12 of , s. 2 and the first schedule, part i w.e.f. .

section 28. of the bombay civil courts act : the governor of bombay in council may invest, within such local limits as he shall from time to time appoint, any subordinate judge of the first class with the jurisdiction of a judge of a court of small causes, for the trial of suits cognizable by such courts up to the amount of five hundred rupees, and any subordinate judge of the second class with the same jurisdiction up to the amount of fifty rupees. the governor of bombay in council may, whenever he thinks fit, withdraw such jurisdiction from any subordinate judge so invested.

section 29. of the bombay civil courts act : each subordinate judge shall use a seal one inch and a half in diameter, bearing the royal crown with the following inscription in english and the principal language of the districtsubordinate judge of .

section 35. of the bombay civil courts act : in the event of the death of the district judge or of his being prevented from performing his duties by illness or other casualty, or of his absence from his district on leave, the first in rank of the assistant judges in the district, or in the absence from the district of an assistant judge the first in rank of the subordinate judges, shall assume charge of the district court without interruption to his ordinary jurisdiction,. and while so in charge shall perform the duties of a district judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall be designated assistant judge or subordinate judge, as the case may be, in charge of the district, and shall continue in such charge until the office of district judge may be resumed or assumed by an officer duly appointed thereto.

section 31.. of the bombay civil courts act : pending proceedings.rep. by s. 1 and schedule, part i, ibid. w.e.f. .

section 30.. of the bombay civil courts act : first subordinate judges of first class.rep. by the obsolete enactments act, 12 of , s. 1 and schedule, part i w.e.f. .

section 33. of the bombay civil courts act : whenever the high court is of opinion that there are good grounds for making a formal and public enquiry into the truth of any imputation of misconduct by any subordinate judge, the high court may appoint a commissioner or commissioners for the purpose of holding such an enquiry, and on the receipt of his or their report may order that the subordinate judge be removed or suspended from office, or reduced to a lower class. the provisions of act no. 37 of for regulating enquiries into the behaviour of public servants shall apply to enquiries under this section, the powers conferred by that act on the government being exercised by the high court.

section 34. of the bombay civil courts act : the high court may suspend any subordinate judge from office pending the result of an enquiry into his behaviour under this section. any district judge may, whenever he sees urgent necessity for so doing, suspend from office any subordinate judge under his control. but whenever the district judge suspends any such subordinate judge, he shall forthwith report the case for the orders of the high court. saving of power of government to suspend or dismiss.nothing in this section or in section thirtythree shall be held to interfere with the right of government to suspend, or remove from office, any subordinate judge at their discretion.

section 36. of the bombay civil courts act : any district judge leaving the sadr station and proceeding on duty to any place within his district, may delegate to an assistant judge, or in the absence of an assistant judge to a subordinate judge at the sadr station, the power of performing such of the duties enumerated in section thirtyfive as may be emergent and such officer shall be designated assistant or subordinate judge, as the case may be, in charge of the sadr station.

section 37. of the bombay civil courts act : in the event of the death, suspension or temporary absence of any subordinate judge, the district judge may empower the judge of any subordinate court of the same district to perform the duties of the judge of the vacated subordinate court, either at the place of such court or of his own court but in every such case the registers and records of the two courts shall be kept distinct.

section 38., of ministerial officers. of the bombay civil courts act : all ministerial officers of the civil courts in each district shall be appointed, and may be fined, suspended or dismissed by the district judge, subject to such rules as the high court may from time to time prescribe: provided that the judge of every subordinate court may, subject to the like rules, appoint the ministerial officers of such court, whose salaries do not exceed rupees ten per mensem, and may by order find, suspend or dismiss any ministerial officer of such court who is guilty of any misconduct or neglect in the performance of the duties of his office. every such order shall be subject to appeal to the district judge and the roles for the time being applicable to appeals to the court of session from orders of the criminal courts subordinate thereto, shall apply to all appeals under this section. nothing in this section shall exempt the offender from any penal or other consequences to which he may be liable under any other law in force for the time being.

section 43. of the bombay civil courts act : the district and subordinate courts shall sit from day to day, except on sundays, new years day, good friday, christmas day, and her majestys birth day, and such other days as may be sanctioned for each or every district by the high court. vacation.the high court may also permit the civil courts under its control to adjourn for a period or periods not exceeding in the whole six weeks in each year.

section 39. of the bombay civil courts act : the duties of the said ministerial officers shall be regulated by such rules as the high court may from time to time prescribe.

section 40. of the bombay civil courts act : the governor of bombay in council may, under the general control of the governor general of india in council, appoint to any. civil court under this act a clerk of the court who, in addition to such duties as may from time to time be prescribed by the high court, may receive and register plaints, and shall refer such as he may consider should be refused for the orders of the judge of the court, and may sign all processes, and authenticate copies of papers.

section 42. of the bombay civil courts act : the high court shall from time to time, with the sanction of the governor of bombay in council, prescribe and regulate the fees to be taken for any process issued by any court the constitution of which is declared by this act, or by any officer of such court. tables of the fees so prescribed shall be published in the government gazette.

section 41. of the bombay civil courts act : the proceedings of each civil court shall be kept and recorded according to such rules as the high court may from time to time prescribe. the high court shall also lay down rules under which copies of papers may be granted.

section 3. of the authoritative texts central laws act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 2. of the authoritative texts central laws act : 1authoritative texts of central laws in certain languages.a translation in any language other than hindi specified in the eighth schedule to the constitution, published under the authority of the president in the official gazette, a of any central act or of any ordinance promulgated by the president, or b of any order, rule, regulation or byelaw issued under the constitution or under any central act, shall be deemed to be the 1authoritative text thereof in such language. 1. subs. by act 18 of , s. 4, for authorised translation w.e.f. .

section 1. of the authoritative texts central laws act : 1 this act may be called the 1 authoritative texts central laws act, . 2 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 3, ibid., for authorised translations w.e.f. . 2. 1st july, , vide notification no. s.o. 482e, dated 15th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the judges inquiry act : show related subordinates 1 there shall be constituted a joint committee of both houses of parliament in accordance with the provisions hereinafter contained for the purpose of making rules to carry out the purposes of this act. 2 the joint committee shall consist of fifteen members of whom ten shall be nominated by the speaker and five shall be nominated by the chairman. 3 the joint committee shall elect its own chairman and shall have power to regulate its own procedure. 4 without prejudice to the generality of the provisions of subsection 1, the joint committee may make rules to provide for the following among other matters, namely: a the manner of transmission of a motion adopted in one house to the other house of parliament b the manner of presentation of an address to the president for the removal of a judge c the travelling and other allowances payable to the members of the committee and the witnesses who may be required to attend such committee d the facilities which may be accorded to the judge for defending himself e any other matter which has to be, or may be, provided for by rules or in respect of which provision is, in the opinion of the joint committee, necessary. 5 any rules made under this section shall not take effect until they are approved and confirmed both by the speaker and the chairman and are published in the official gazette, and such publication of the rules shall be conclusive proof that they have been duly made.

section 6. of the judges inquiry act : 1 if the report of the committee contains a finding that the judge is not guilty of any misbehaviour or does not suffer from any incapacity, then no further steps shall be taken in either house of parliament in relation to the report and the motion pending in the house or the houses of parliament shall not be proceeded with. 2 if the report of the committee contains a finding that the judge is guilty of any misbehaviour or suffers from any incapacity, then, the motion referred to in subsection 1 of section 3 shall, together with the report of the committee, be taken up for consideration by the house or the houses of parliament in which it is pending. 3 if the motion is adopted by each house of parliament in accordance with the provisions of clause 4 of article 124 or, as the case may be, in accordance with that clause read with article 218 of the constitution, then, the misbehaviour or incapacity of the judge shall be deemed to have been proved and an address praying for the removal of the judge shall be presented in the prescribed manner to the president by each house of parliament in the same session in which the motion has been adopted.

section 1. of the judges inquiry act : show related subordinates 1 this act may be called the judges inquiry act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st january, , vide notification no. g.s.r. 35, dated the 1st january, , see gazette of india, , extraordinary, part ii, sec. 3i.

section 2. of the judges inquiry act : in this act, unless the context otherwise requires, a chairman means the chairman of the council of states b committee means a committee constituted under section 3 c judge means a judge of the supreme court or of a high court and includes the chief justice of india and the chief justice of a high court d prescribed means prescribed by rules made under this act e speaker means the speaker of the house of the people.

section 5. of the judges inquiry act : for the purpose of making any investigation under this act the committee shall have the powers of a civil court, while trying a suit, under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on oath d issuing commissions for the examination of witnesses or documents e such other matters as may be prescribed.

section 4. of the judges inquiry act : 1 subject to any rules that may be made in this behalf, the committee shall have power to regulate its own procedure in making the investigation and shall give a reasonable opportunity to the judge of crossexamining witnesses, adducing evidence and of being heard in his defence. 2 at the conclusion of the investigation, the committee shall submit its report to the speaker or, as the case may be, to the chairman, or where the committee has been constituted jointly by the speaker and the chairman, to both of them, stating therein its findings on each of the charges separately with such observations on the whole case as it thinks fit. 3 the speaker or the chairman or, where the committee has been constituted jointly by the speaker and the chairman, both of them, shall cause the report submitted under subsection 2 to be laid, as soon as may be, respectively before the house of the people and the council of states.

section 3. of the judges inquiry act : 1 if notice is given of a motion for presenting an address to the president praying for the removal of a judge signed, a in the case of a notice given in the house of the people, by not less than one hundred members of that house b in the case of a notice given in the council of states, by not less than fifty members of that council then, the speaker or, as the case may be, the chairman may, after consulting such persons, if any, as he thinks fit and after considering such materials, if any, as may be available to him, either admit the motion or refuse to admit the same. 2 if the motion referred to in subsection 1 is admitted, the speaker or, as the case may be, the chairman shall keep the motion pending and constitute, as soon as may be, for the purpose of making an investigation into the grounds on which the removal of a judge is prayed for, a committee consisting of three members of whom a one shall be chosen from among the chief justice and other judges of the supreme court b one shall be chosen from among the chief justices of the high courts, and c one shall be a person who is, in the opinion of, the speaker or, as the case may be, the chairman, a distinguished jurist: provided that where notices of a motion referred to in subsection 1 are given on the same day in both houses of parliament, no committee shall be constituted unless the motion has been admitted in both houses and where such motion has been admitted in both houses, the committee shall be constituted jointly by the speaker and the chairman: provided further that where notices of a motion as aforesaid are given in the houses of parliament on different dates, the notice which is given later shall stand rejected. 3 the committee shall frame definite charges against the judge on the basis of which the investigation is proposed to be held. 4 such charges together with a statement of the grounds on which each such charge is based shall be communicated to the judge and he shall be given a reasonable opportunity of presenting a written statement of defence within such time as may be specified in this behalf by the committee. 5 where it is alleged that the judge is unable to discharge the duties of his office efficiently due to any physical or mental incapacity and the allegation is denied, the committee may arrange for the medical examination of the judge by such medical board as may be appointed for the purpose by the speaker or, as the case may be, the chairman or, where the committee is constituted jointly by the speaker and the chairman, by both of them, for the purpose and the judge shall submit himself to such medical examination within the time specified in this behalf by the committee. 6 the medical board shall undertake such medical examination of the judge as may be considered necessary and submit a report to the committee stating therein whether the incapacity is such as to render the judge unfit to continue in office. 7 if the judge refuses to undergo medical examination considered necessary by the medical board, the board shall submit a report to the committee stating therein the examination which the judge has refused to undergo, and the committee may, on receipt of such report, presume that the judge suffers from such physical or mental incapacity as is alleged in the motion referred to in subsection 1. 8 the committee may, after considering the written statement of the judge and the medical report, if any, amend the charges framed under subsection 3 and in such a case, the judge shall be given a reasonable opportunity of presenting a fresh written statement of defence. 9 the central government may, if required by the speaker or the chairman, or both, as the case may be, appoint an advocate to conduct the case against the judge.

section 8. of the hindu succession act : the property of a male hindu dying intestate shall devolve according to the provisions of this chapter: a firstly, upon the heirs, being the relatives specified in class i of the schedule b secondly, if there is no heir of class i, then upon the heirs, being the relatives specified in class ii of the schedule c thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased and d lastly, if there is no agnate, then upon the cognates of the deceased.

section 2. of the hindu succession act : 1 this act applies a to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj, b to any person who is a buddhist, jaina or sikh by religion, and c to any other person who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed. explanation. the following persons are hindus, buddhists, jainas or sikhs by religion, as the case may be: a any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion b any child, legitimate or illegitimate, one of whose parents is a hindu, buddhist, jaina or sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged c any person who is a convert or reconvert to the hindu, buddhist, jaina or sikh religion. 2 notwithstanding anything contained in subsection 1, nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause 25 of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. 3 the expression hindu in any portion of this act shall be construed as if it included a person who, though not a hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section.

section 1. of the hindu succession act : 1 this act may be called the hindu succession act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the hindu succession act : 1 when a hindu to whom the marumakkattayam or nambudri law would have applied if this act had not been passed dies after the commencement of this act, having at the time of his or her death an interest in the property of a tarwad, tavazhi or illom, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this act and not according to the marumakkattayam or nambudri law. explanation.for the purposes of this subsection, the interest of a hindu in the property of a tarwad, tavazhi or illom shall be deemed to be the share in the property of the tarwad, tavazhi or illom, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the tarwad, tavazhi or illom, as the case may be, then living, whether he or she was entitled to claim such partition or not under the marumakkattayam or nambudri law applicable to him or her, and such share shall be deemed to have been allotted to him or her absolutely. 2 when a hindu to whom the aliyasantana law would have applied if this act had not been passed dies after the commencement of this act, having at the time of his or her death an undivided interest in the property of a kutumba or kavaru, as the case may be, his or her interest in the property shall devolve by testamentary or intestate succession, as the case may be, under this act and not according to the aliyasantana law. explanation.for the purposes of this subsection, the interest of a hindu in the property of a kutumba or kavaru shall be deemed to be the share in the property of the kutumba or kavaru, as the case may be, that would have fallen to him or her if a partition of that property per capita had been made immediately before his or her death among all the members of the kutumba or kavaru, as the case may be, then living, whether he or she was entitled to claim such partition or not under the aliyasantana law, and such share shall be deemed to have been allotted to him or her absolutely. 3 notwithstanding anything contained in subsection 1, when a sthanamdar dies after the commencement of this act, the sthanam property held by him shall devolve upon the members of the family to which the sthanamdar belonged and the heirs of the sthanamdar as if the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living,, and the shares falling to the members of his family and the heirs of the sthanamdar shall be held by them as their separate property. explanationfor the purposes of this subsection, the family of a sthanamdar shall include every branch of that family, whether divided or undivided, the male members of which would have been entitled by any custom or usage to succeed to the position of sthanamdar if this act had not been passed.

section 9. of the hindu succession act : among the heirs specified in the schedule, those in class i shall take simultaneously and to the exclusion of all other heirs those in the first entry in class ii shall be preferred to those in the second entry those in the second entry shall be preferred to those in the third entry and so on in succession.

section 3. of the hindu succession act : 1 in this act, unless the context otherwise requires, a agnate person is said to be an agnate of another if the two are related by blood or adoption wholly through males b aliyasantana law means the system of law applicable to persons who, if this act had not been passed, would have been governed by the madras aliyasantana act, , madras act 9 of or by the customary aliyasantana law with respect to the matters for which provision is made in this act c cognate person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males d the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among hindus in any local area, tribe, community, group or family: provided that the rule is certain and not unreasonable or opposed to public policy: and provided further that in the case of a rule applicable only to a family it has not been discontinued by the family e full blood half blood and uterine blood i two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives ii two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands explanation.in this clause ancestor includes the father and ancestress the mother f heir means any person, male or female, who is entitled to succeed to the property of an intestate under this act g intestatea person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect h marumakkattayam law means the system of law applicable to persons a who, if this act had not been passed, would have been governed by the madras marumakkattayam act, madras act 22 of the travancore nayar act 2 of k the travancore ezhava act 3 of k the travancore nanjinad vellala act 6 of k the travancore kshatriya act 7 of k the travancore krishnanvaka marumakkathayee act 7 of k the cochin marumakkathayam act 33 of k or the cochin nayar act 29 of k with respect to the matters for which provision is made in this act or b who belong to any community, the members of which are largely domiciled in the state of travancore cochin or madras 2as it existed immediately before the 1st november, , and who, if this act had not been passed, would have been governed with respect to the matters for which provision is made in this act by any system of inheritance in which descent is traced through the female line but does not include the aliyasantana law i nambudri law means the system of law applicable to persons who, if this act had not been passed, would have been governed by the madras nambudri act, madras act 21 of the cochin nambudri act 17 of 111k or the travancore malayala brahmin act 3 of k with respect to the matters for which provision is made in this act j related means related by legitimate kinship: provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another and any word expressing relationship or denoting a relative shall be construed accordingly. 2 in this act, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females. 1. ins. by the adaptation of laws no. 3 order, .

section 5. of the hindu succession act : this act shall not apply to i any property succession to which is regulated by the indian succession act, 39 of , by reason of the provisions contained in section 21 of the special marriage act, 43 of ii any estate which descends to a single heir by the terms of any covenant or agreement entered into by the ruler of any indian state with the government of india or by the terms of any enactment passed before the commencement of this act iii the valiamma thampuran kovilagam estate and the palace fund administered by the palace administration board by reason of the powers conferred by proclamation ix of dated 29th june, , promulgated by the maharaja of cochin.

section 6. of the hindu succession act : 11 on and from the commencement of the hindu succession amendment act, 39 of , in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall, a by birth become a coparcener in her own right the same manner as the son b have the same rights in the coparcenery property as she would have had if she had been a son c be subject to the same liabilities in respect of the said coparcenery property as that of a son, and any reference to a hindu mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: provided that nothing contained in this subsection shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of december, . 2 any property to which a female hindu becomes entitled by virtue of subsection 1 shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition. 3 where a hindu dies after the commencement of the hindu succession amendment act, 39 of , his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenery property shall be deemed to have been divided as if a partition had taken place and, a the daughter is allotted the same share as is allotted to a son b the share of the predeceased son or a predeceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter and c the share of the predeceased child of a predeceased son or of a predeceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or a predeceased daughter, as the case may be. explanation.for the purposes of this subsection, the interest of a hindu mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. 4 after the commencement of the hindu succession amendment act, 39 of , no court shall recognise any right to proceed against a son, grandson or greatgrandson for the recovery of any debt due from his father, grandfather or greatgrandfather solely on the ground of the pious obligation under the hindu law, of such son, grandson or greatgrandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession amendment act, 39 of , nothing contained in this subsection shall affect a the right of any creditor to proceed against the son, grandson or greatgrandson, as the case may be or b any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession amendment act, 39 of had not been enacted. explanationfor the purposes of clause a, the expression son, grandson or greatgrandson shall be deemed to refer to the son, grandson or greatgrandson, as the case may be, who was born or adopted prior to the commencement of the hindu succession amendment act, 39 of . 5 nothing contained in this section shall apply to a partition, which has been effected before the 20th day of december, explanation.for the purposes of this section partition means any partition made by execution of a deed of partition duly registered under the registration act, 16 of or partition effected by a decree of a court. state amendments karnataka. insertion of new sections in central act 30 of .in the hindu succession act, central act 30 of after section 6, the following sections shall be inserted, namely: 6a. equal rights to daughter in coparcenary property.notwithstanding anything contained in section 6 of this act, a in a joint hindu family governed by mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same rights in the coparcenary property as she would have had if she had been a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son b at a partition in such joint hindu family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: provided further that the share allotable to the predeceased child of the predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be c any property to which a female hindu becomes entitled by virtue of the provisions of clause a shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition d nothing in clause b shall apply to a daughter married prior to or to a partition which had been effected before the commencement of hindu succession karnataka amendment act, . 6b. interest to devolve by survivorship on death.when a female hindu dies after the commencement of the hindu succession karnataka amendment act, , having at the time of her death an interest in a mitakshara coparcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that if the deceased had left any child or child of a predeceased child, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship. explanation.1 for the purposes of this section the interest of female hindu mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. 2 nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased had separated himself or herself from the coparcenary, or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 6c. preferential right to acquire property in certain cases.1 where, after the commencement of hindu succession karnataka amendment act, an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others devolves under sections 6a or 6b upon two or more heirs and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. 2 the consideration for which any interest in the property of the deceased may be transferred under subsection 1 shall, in the absence of any agreement between the parties, be determined by the court, on application, being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incidental to the application. 3 if there are two or more heirs proposing to acquire any interest under, this section, that heir who offers the highest consideration for the transfer shall be preferred. explanation.in this section court means the court within the limits of whose jurisdiction the immoveable property is situate or the business is carried on, and includes any other court which the state government may by notification in the official gazette specify in this behalf. vide karnataka act 23 of , sec. 2. 1. subs. by s. 3, ibid., for section 6 w.e.f.

section 4. of the hindu succession act : 1 save as otherwise expressly provided in this act, a any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act b any other law in force immediately before the commencement of this act shall cease to apply to hindus in so far as it is inconsistent with any of the provisions contained in this act. 1 1. omitted by act 39 of , s. 2 w.e.f. .

section 10. of the hindu succession act : the property of an intestate shall be divided among the heirs in class i of the schedule in accordance with the following rules: rule 1.the intestates widow, or if there are more widows than one, all the widows together, shall take one share. rule 2.the surviving sons and daughters and the mother of the intestate shall each take one share. rule 3.the heirs in the branch of each predeceased son or each predeceased daughter of the intestate shall take between them one share. rule 4.the distribution of the share referred to in rule 3 i among the heirs in the branch of the predeceased son shall be so made that his widow or widows together and the surviving sons and daughters get equal portions and the branch of his predeceased sons gets the same portion ii among the heirs in the branch of the predeceased daughter shall be so made that the surviving sons and daughters get equal portions.

section 11. of the hindu succession act : the property of an intestate shall be divided between the heirs specified in any one entry in class ii of the schedule so that they, share equally.

section 17. of the hindu succession act : the provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would have been governed by the marumakkattayam law or aliyasantana law if this act had not been passed as if i for subclauses c and d of section 8, the following had been substituted, namely: c thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates. ii for clauses a to e of subsection 1 of section 15, the following had been substituted, namely: a firstly, upon the sons and daughters including the children of any predeceased son or daughter and the mother b secondly, upon the father and the husband c thirdly, upon the heirs of the mother d fourthly, upon the heirs of the father and e lastly, upon the heirs of the husband. iii clause a of subsection 2 of section 15 had been omitted iv section 23 had been omitted.

section 13. of the hindu succession act : 1 for the purposes of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be. 2 degrees of ascent and degrees of descent shall be computed inclusive of the intestate. 3 every generation constitutes a degree either ascending or descending.

section 14. of the hindu succession act : 1 any property possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited owner. explanation. in this subsection, property includes both movable and immovable property acquired by a female hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this act. 2 nothing contained in subsection 1 shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

section 15. of the hindu succession act : 1 the property of a female hindu dying intestate shall devolve according to the rules set out in section 16, a firstly, upon the sons and daughters including the children of any predeceased son or daughter and the husband b secondly, upon the heirs of the husband c thirdly, upon the mother and father d fourthly, upon the heirs of the father and e lastly, upon the heirs of the mother. 2 notwithstanding anything contained in subsection 1, a any property inherited by a female hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased including the children of any predeceased son or daughter not upon the other heirs referred in subsection 1 in the order specified therein, but upon the heirs of the father and b any property inherited by a female hindu from her husband or from her fatherinlaw shall devolve, in the absence of any son or daughter of the deceased including the children of any predeceased son or daughter not upon the other heirs referred to in subsection 1 in the order specified therein, but upon the heirs of the husband. state amendment kerala. amendment of section 15.in the hindu succession act, central act 30 of , in section 15, after clause b of subsection 2, the following clause shall be inserted, namely: c any property inherited by a female hindu from her predeceased son shall devolve, not upon the other heirs referred to in subsection 1 in the order specified therein, but upon the heirs of the predeceased son from whom she inherited the property. vide kerala act 17 of , sec. 2.

section 12. of the hindu succession act : the order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder: rule 1.of two heirs, the one who has fewer or no degrees of ascent is preferred. rule 2.where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. rule 3.where neither heir is entitled to be preferred to the other under rule 1 or rule 2 they take simultaneously.

section 16. of the hindu succession act : the order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely: rule 1.among the heirs specified in subsection 1 of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously. rule 2.if any son or daughter of the intestate had predeceased the intestate leaving his or her own children alive at the time of the intestates death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestates death. rule 3.the devolution of the property of the intestate on the heirs referred to in clauses b, d and e of subsection 1 and in subsection 2 of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the fathers or the mothers or the husbands as the case may be, and such person had died intestate in respect thereof immediately after the intestates death.

section 18. of the hindu succession act : heirs related to an intestate by full blood shall be preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.

section 25. of the hindu succession act : a person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.

section 20. of the hindu succession act : a child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

section 19. of the hindu succession act : if two or more heirs succeed together to the property of an intestate, they shall take the property, a save as otherwise expressly provided in this act, per capita and not per stirpes and b as tenantsincommon and not as joint tenants.

section 21. of the hindu succession act : where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.

section 22. of the hindu succession act : 1 where, after the commencement of this act, an interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolves upon two or more heirs specified in class i of the schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. 2 the consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application. 3 if there are two or more heirs specified in class i of the schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. explanation.in this section, court means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the state government may, by notification in the official gazette, specify in this behalf.

section 23. of the hindu succession act : special provision respecting dwellinghouses.omitted by the hindu succession amendment act, 39 of , s. 4 w.e.f. .

section 26. of the hindu succession act : where, before or after the commencement of this act, a hindu has ceased or ceases to be a hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their hindu relatives, unless such children or descendants are hindus at the time when the succession opens.

section 30.testamentary succession of the hindu succession act : 1 any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so 2disposed of by him or by her, in accordance with the provisions of the indian succession act, 39 of , or any other law for the time being in force and applicable to hindus. explanation.the interest of a male hindu in a mitakshara coparcenaryproperty or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall, notwithstanding anything contained in this act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this 3section. 4 1. the brackets and figure 1 omitted by act 58 of , s. 3 and the second schedule w.e.f. . 2. subs. by act 39 of , s. 6, for disposed of by him w.e.f. . 3. subs. by act 56 of , s. 3 and the second schedule for subsection w.e.f. . 4. omitted by act 78 of , s. 29 w.e.f. .

section 24. of the hindu succession act : certain windows remarrying may not inherit as windows. omitted by s. 5, ibid. w.e.f. 99 .

section 27.succession when heir disqualified of the hindu succession act : if any person is disqualified from inheriting any property under this act, it shall devolve as if such person had died before the intestate.

section 31. of the hindu succession act : repeals.rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 28., not to disqualify of the hindu succession act : no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this act, on any other ground whatsoever.

section 29. of the hindu succession act : if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this act, such property shall devolve on the government and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subject. state amendments tamil nadu in the hindu succession act, hereinafter referred to as the principal act, after chapter ii, the following chapter shall be inserted, namely: chapter iia, succession by survivorship. 29a. equal rights to daughter in coparcenary property.notwithstanding anything contained in section 6 of this act, i in a joint hindu family governed by mitakshara law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as a son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son ii at a partition in such a joint hindu family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: provided further that the share allotable to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of the predeceased daughter, as the case may be iii any property to which a female hindu becomes entitled by virtue of the provisions of clause i shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition iv nothing in this chapter shall apply to a daughter married before the date of the commencement of the hindu succession tamil nadu amendment act, v nothing in clause ii shall apply to a partition which had been effected before the date of the commencement of the hindu succession tamil nadu amendment act, . 29b. interest to devolve by survivorship on death.when a female hindu dies after the date of the commencement of the hindu succession tamil nadu amendment act, , having, at the time of her death, an interest in a mitakshara coparcenary property by virtue of the provisions of section 29a, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that if the deceased had left any child or child of a predeceased child, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship. explanation i.for the purposes of this section, the interest of a female hindu mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not. explanation ii.nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased, had separated himself or herself from the coparcenary or any of his or her heirs to claim on intestacy a share in the interest referred to therein. 29c. preferential right to acquire property in certain cases.1 where, after the date of the commencement of the hindu succession tamil nadu amendment act, , an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others, devolves under section 29a or section 29b upon two or more heirs, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred. 2 the consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of, or incidental to, the application. 3 if there are two or more heirs proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred. explanation.in this section court means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on and includes any other court which the state government may, by notification in the tamil nadu government gazette, specify in this behalf.. vide tamil nadu act 1 of , s. 2

section 8. of the punjab district boards act : when a local rate is payable by a landholder in respect of lands held by a tenant with a right of occupancy holding at a favourable rent, the landholder may realize from the tenant a share of the rate, bearing the same proportion to the whole rate as the excess of the annual value over the rent paid by the tenant bears to half the annual value.

section 1. of the punjab district boards act : 1 this act may be called the panjab district boards act, . extent.2 it shall extend only to the territories for the time being administered by the lieutenantgovernor of the panjab and commencement.3 it shall come into force in each district on such date as the local government, by notification, directs.

section 9. of the punjab district boards act : fourfifths of the net proceeds of the local rate levied in each district, after deducting the expenses of collection, shall, except as provided in section 68, be allotted to the district board established for that district under this act. the remaining onefifth shall be carried to the credit of the local government, and may a be allotted by that government to any district board established under this act or b be applied by that government to provide in the territories to which this act extends, or any part thereof, for any of the matters on which district boards may expend the funds at their disposal under this act : provided that the local government may direct that the whole or any portion of the net proceeds of the local rate levied within the limits of any municipality or military cantonment,. after deducting the expenses collection, shall be carried to the credit of the municipal fund, or made available for the purpose of public improvement in the cantonment or for carrying out therein any rules made under section 25 of the cantonments act, iii of , as the case may be.

section 3. of the punjab district boards act : in this act, unless there is something repugnant in the subject or context, 1 land means land assessed to the landrevenue, and includes land whereof the landrevenue has been wholly, or in part, released, compounded for, redeemed or assigned. 2 landrevenue includes trini or grazingdues levied for grazing on government lands under section 48 of the panjab laws act, iv of . 3 landholder means any person responsible for the payment of the landrevenue, if any, assessed on land. it also includes the proprietor of land the landrevenue of which has been wholly, or in part, released, compounded for, redeemed or assigned. 4 annual value means a double the landrevenue for the time being assessed on any land, whether the assessment is leviable or not or b where the landrevenue has been permanently assessed, or has been wholly or in part compounded for or redeemed, double the amount which, but for such permanent assessment, composition or redemption, would have been leviable or c where no landrevenue has been assessed, double the amount which would have been assessed if the average villagerate had been applied: provided that, in any tract in which, under the settlement for the time being in force, the improvement of the land due to canal irrigation has been excluded from account in assessing the landrevenue, and a rate has been imposed in respect of such improvement, that rate shall be added to the landrevenue for the purpose of computing the annual value. 5 financial year means the year commencing on the first day of april. 6 prescribed day means such day as the local government may, from time to time, prescribe. 16a punjab means the territories which, immediately before the ist november, , were comprised in the state with the same name 7 notification means a notification published in the official gazette. 8 notified means notified in the official gazette. 9 deputy commissioner means the deputy commissioner of a district, and includes any officer specially appointed by the local government to perform the functions of a deputy commissioner under this act. 1. ins. by the adaptation of laws no. 2 order, .

section 5. of the punjab district boards act : 1 all land shall be subject to the payment the local of a rate, to be called the local rate, not exceeding one rate annual for every rupee of its annual value. 2 the proportion which the local rate shall bear to the annual value of land shall, except as provided in subsection 3, be fixed for each district by the local government by notification. 3 the local government may, by notification, delegate to the district board, subject to such restrictions or conditions as it thinks fit, its powers under subsection 2, and may, by notification, cancel or vary any such notification.

section 6. of the punjab district boards act : from such date as may be notified in respect of each district by the local government, all authorized rates and cesses for the maintenance of roads, schools and the districtpost shall merge in and become part of the local rate, and no rate or cess other than the local rate shall be thereafter leviable for those purposes.

section 11. of the punjab district boards act : 1 a district board or local board shall consist of such number of members, not less than six, as the local government may fix in this behalf. 2 the members may be appointed by the local government either by name or by official designation, or may be elected in accordance with rules made by the local government under this act, or some may be appointed and some elected, as the local government directs: provided that a when the local government has directed that all or any proportion of the members shall be elected, it shall not thereafter direct that they shall be appointed, unless a majority of the electors declare that they so desire, 1 b 2 unless salaried officers of the government are elected, not less than twothirds of the members of every board shall be persons other than salaried officers of the government and c not less than onehalf of the members of the board shall be landholders in the district. 3 when, under a direction issued under subsection 2, any places on a board are required to be filled by election, and a sufficient number of members is not elected, the local government may fill those places by appointment. 1. the words or the governor general in council, for some reason affecting the public interests, sanctions the direction, omitted by act 38 of , s. 2 and the first schedule 2. the words except with the approval of the governor general in council or omitted by s. 2 and the first schedule, ibid.

section 4. of the punjab district boards act : all powers conferred by this act may be exercised from time to time as occasion requires.

section 7. of the punjab district boards act : the landholder shall be liable for the local rate subject to the following provisos, namely: 1 where the landholder pays the landrevenue in kind to any assignee of revenue or any villageheadman, the assignee of revenue or villageheadman shall be liable for the payment of the local rate instead of the landholder, and no demand shall be made by any such assignee or villageheadman on the landholder in respect of the payment of the rate and 2 where the government has, under any lease current at the time when this act comes into force, paid the focal rate on trini, it shall continue to pay the rate during the currency of the lease.

section 2. of the punjab district boards act : from the date on which this act comes into force in any district, the panjab local rates act, v of , shall be repealed throughout that district. but all rates imposed, sums credited to the local government, and notifications published under that act, shall, so far as may be, be deemed to have been respectively spectively imposed, credited and published under this act.

section 10. of the punjab district boards act : 1 the local government shall, by notification establish a district board for each district. 2 the local government may, by notification, establish a local board or local boards within the limits of any district, and may cancel or vary any such notification. 3 a district board shall have authority throughout the district for which it is established, and a local board shall have authority throughout such portion of the district in which it is established, as the local government may, by notification, direct: provided that a board shall not have authority over any portion of a district which is for the time being included in a military cantonment or a municipality.

section 18. of the punjab district boards act : 1 a member of every district board or local board shall be elected or appointed to be chairman of the board, and shall hold office for such term, not exceeding three years, as the local government may, by a rule made under this act, fix. 2 the local government shall determine, as regards each board or as regards any class of boards, whether the chairman shall be a person appointed by virtue of his office or by name or be elected.

section 19. of the punjab district boards act : 1 a district board or local board may elect one of its members to be vicechairman. 2 a vicechairman so elected shall hold office for such term as the board may, by rule, fix.

section 20. of the punjab district boards act : 1 the following matters shall, subject to such exceptions and. conditions as the local government may make and impose, be under the control and. administration of each district board within the area subject to its authority : a the management of all property vested in the district board b the construction, repair and maintenance of public roads and other means of communication c the establishment, management, maintenance and visiting of public hospitals, dispensaries, sarais and schools, and the construction and repair of all buildings connected with these institutions d the training of teachers and the establishment of scholarships e the supply, storage and preservation from pollution of water for drinking, cooking and bathing purposes and. f the planting and preservation of trees. 2 the local government may direct that any of the following. matters shall, subject to such exceptions and conditions as it may make and impose, be under the control and administration of a district board within the area subject to its authority : g the management of any property vested in her majesty h the establishment, maintenance, visiting and management of markets, resthouses, encampinggrounds and other public institutions, and the construction and repair or all buildings connected with these institutions i the construction and repair of embankments, and the supply, storage and control of water for agricultural purposes j the preservation and reclamation of soil, and the drainage and reclamation of swamps k the construction, repair and maintenance of famine preventive works, and the establishment and maintenance of such reliefworks, reliefhouses and other measures in time of famine or scarcity as may be entrusted to the charge of the board by the local government l the registration of births, marriages and deaths m fairs and agricultural shows and industrial exhibitions n the establishment and management of pounds, including, where the cattletrespass act 1 of , is in force, such functions of the local government and the magistrate of the district under that act as may be transferred to the board by the local government o the management of such public ferries as may be entrusted to the charge of the board under section 7a of the northern india ferries act, , as amended by this act p any other local works or measures likely to promote the health, comfort, convenience and interests of the public or the agricultural or industrial prosperity of the country and q any other matters which the local governwent may declare to be fit and proper matters to be taken under the control and administration of the board. 3 the local government may cancel or modify any direction given by it under subsection 2. 4 a district board shall, so far as the funds at its disposal permit, make due provision for all matters placed under its control or administration by or under this section.

section 21. of the punjab district boards act : 1 the local government, or, subject to the control of the local government, a district board, may direct that, within the area subject to the authority of a local board, any matter placed under the control and administration of the district board by or under section 20 shall be transferred to the control and administration of the local board. 2 a local board, as the agent of, and subject to the control of, the district board, shall, so far as the funds at its disposal permit, make due provision for all matters transferred to its control and administration under subsection 1. 3 it shall be the duty of the district board to enforce the responsibility imposed on a local board by subsection 2.

section 14. of the punjab district boards act : the local government may remove any member of a district board or local board a if he refuses to act, or becomes incapable of acting, or is declared insolvent, or is convicted of any such offence, or subjected by a criminal court to any such order, as implies, in the opinion of the local government, a defect of character which unfits him to be a member b if he has been declared by notification to be disqualified for employment in the public service c if he, being a member of a local board, without an excuse sufficient in the opinion of the local government, neglects for more than three consecutive months to be present at the meetings of that board, or, being a member of the district board, without such sufficient excuse, neglects for more than six consecutive months to be present at the meetings of that board d if his continuance in office is, in the opinion of the local government, dangerous to the public peace or order or, e when he is a salaried officer of the government, if his continuance in office is in the opinion of the local government, unnecessary or undesirable.

section 12. of the punjab district boards act : 1 a member of a district board or local board, when appointed by virtue of an office, shall, unless and until the local government otherwise directs, continue to b e a member of the board while he continues to hold that office. 2 the term of office of all other elected and appointed members respectively of a district board or local board shall be fixed by the local government by rules made under this act, and may be so fixed as to provide for the retirement of members by rotation, but shall not exceed three years. 3 an outgoing member shall, if otherwise qualified, be again eligible for election or appointment.

section 13. of the punjab district boards act : a member of a local board or of a district board may resign by notifying in writing his intention to do so to 1commissioner and, on the acceptance by 1commissioner of such resignation, the member shall be deemed to have vacated his office. 1. subs. by act 4 of , s. 2 and the schedule, for the local government.

section 15. of the punjab district boards act : 1 when the place of an elected member of a local board or district board becomes vacant by the resignation or removal of the member or by his death, a new member shall be chosen in accordance with the rules made by the local government under this act to fill the place : provided that the local government may direct in any such case that the vacancy shall be left unfilled. 2 when the place of a member of a local board or district board appointed by name becomes vacant as aforesaid, the local government may, if it thinks fit, appoint a new member to fill the place. 3 a person chosen or appointed under this section to fill a casual vacancy shall hold office until the person whose place he fills would regularly have gone out of office, and shall then go out of office, but shall be again eligible for election or appointment.

section 17. of the punjab district boards act : the several district boards and local boards constituted under this act shall come into existence at such time as the local government may, by notification, fix in this behalf.

section 16. of the punjab district boards act : every district board shall be a body corporate by the name of the district board of its district, and shall have perpetual succession and a common seal, with power to acquire and hold property, both moveable and immoveable, and, subject to any rules made by the local government under this act, to transfer any such property held by it, and to contract and do all other things necessary for the purposes of its constitution, and may sue and be sued in its corporate name.

section 22. of the punjab district boards act : except as otherwise provided by this act, a local board shall not incur expenses or undertake liabilities expenditure to any amount exceeding the limit imposed by of local board the district board of its district.

section 29. of the punjab district boards act : in the case of an officer or servant, not being a government official referred to in section 28, a district board may 1 grant him leaveallowances and, if he is employed under the district committee when this act comes into force and not entitled to pension, or if his monthly pay is less than ten rupees, a gratuity and 2 if empowered in this behalf by the local government a subscribe in his behalf for pension or gratuity and leaveallowances under the rules of the government civil pension and leave codes for the time being in force or b purchase for him from the government or otherwise an annuity on his retirement : provided that no pension, gratuity, leaveallowance or annuity shall exceed the sum to which, under the 1civil service regulations for the time being in force, the servant would be entitled if the service had been service under the government. 1. subs. by act 12 of , s. 2 and the second schedule, for government civil pension and leave codes.

section 23. of the punjab district boards act : 1 if a local board makes default in the performance of any duty imposed on it by or under this act, the district board may, by order in writing, fix a period of board of its district. 2 if the duty is not performed within that period, the district board may appoint some person to perform it, and may provide for the expenses of, and incidental to, its performance out of the funds appropriated to or for the purposes of the local board.

section 30. of the punjab district boards act : subject to any general rules or special orders which the 1local government may make in this behalf, a district board may impose, in manner prescribed by section 31, such taxes as may be approved by the local government: provided that no such tax shall be imposed in respect of any property subject to the local rate. 1. subs. by act 38 of , s. 2 and the first schedule, for governor general in council.

section 26. of the punjab district boards act : every district board, and every local board with the sanction of the district board, may make rules as to a the time and place of its meetings and the manner in which notice of meetings shall be given b the conduct of proceedings at meetings and the adjournment of meetings c the custody of the common seal and the purposes for which it shall be used d the division of duties amongst its members e the powers to be exercised by subcommittees or members to whom particular duties have been assigned f the persons by whom receipts shall be granted for money received under this act g the duties, appointment, leave, suspension and removal of the officers and servants of the board h the term for which the vicechairman shall hold office, and i other similar matters : provided that every rule made under this section must be consistent with this act and with any rules made by the local government under this act, and shall be published in such manner as the local government may direct.

section 24. of the punjab district boards act : a district board may concur with any other district board, or with any municipal committee or with any cantonment authority, or with more than one such board, committee or authority, in appointing, out of their respective bodies, a joint committee for any purpose in which they are jointly interested, and for delegating to any such joint committee any power which might be exercised by either or nay of the boards, committees or authorities concerned, and in framing or modifying regulations as to the proceedings of any such joint committee, and as to the conduct of correspondence relating to the purpose for which the joint committee is appointed.

section 25. of the punjab district boards act : 1 minutes of the proceedings at each meeting of a district or local board shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the chairman of the meeting or of the next ensuing meeting, and shall be published in such manner as the local government may, from time to time, direct, and shall, at all reasonable times and without charge, be open to the inspection of any inhabitant of the district who pays any rate or tax under this act. 2 a copy of every resolution passed by a local board at a meeting shall, within three days from the date of the meeting, be forwarded to the district board and to the deputy commissioner. 3 a copy of every resolution passed by a district board at a meeting shall, within three days from the date of the meeting, be forwarded to the deputy commissioner.

section 27. of the punjab district boards act : 1 subject to the provisions of this act and to any rules which may be made under this act in servants this behalf, every district board may employ and pay such officers and servants as may be necessary and proper for the efficient execution of its duties and of the duties of the local boards acting under it : provided that if, at any time, in the opinion of the deputy commissioner, a the number of persons employed by a board under this section, or the remuneration assigned by the board to those persons, or to any of them, is excessive, or b any such person is unfit for his employment, the board shall, on the requirement of the deputy commissioner, reduce the number, or remuneration, of those persons, or, as the case may be, dismiss the unfit person. 2 the commissioner of the division, whose decision shall be final.

section 28. of the punjab district boards act : in the case of a government official, a district board may 1 if his services are wholly lent to it, contribute to his pension or gratuity and leaveallowances in accordance with the rules of the 1civil service regulations for the time being in force and 2 if he devotes only a part of his time to the performance of duties in behalf of the board, contribute to his pension or gratuity and leaveallowances in such proportion as may be determined by the government. 1. subs. by act 12 of , s. 2 and the second schedule, for government civil pension and leave codes.

section 34. of the punjab district boards act : when the control and administration of any matter is by or under this act transferred to a district board, and at the time of the transfer the cost of that control and administration is defrayed from provincial revenue, the local government shall, from time to time, allot to the district board such funds, .or place at the disposal of the board such sources of income, as may, in the opinion of the local government and of the board, be sufficient for maintaining the control and administration of the said matter in the state of efficiency existing at the date of transfer.

section 33. of the punjab district boards act : with the previous sanction of the local government, or of such officer as the local government may authorize in this behalf, a district board or local board may fix and levy schoolfees and fees for the use of, or benefits derived from, any of the works specified in section 20, clauses c, e, h, i and kb, and fees at fairs, agricultural shows and. industrial exhibitions held under its authority.

section 31. of the punjab district boards act : 1 a district board may resolve, at a meeting, convened and constituted in such manner as the local government may prescribe, to propose the imposition of any tax under section 30. 2 when a resolution has been passed under subsection 1, the board shall publish a notice defining the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be imposed and the system of assessment to be adopted. 3 any person likely to be directly affected by the proposed tax, and objecting to the same, may, within thirty days from the publication of the notice, send his objection in writing to the board and the board shall, at a meeting convened and constituted as aforesaid, take his objection into consideration. 4 if no objection is sent within the said period of thirty days, or if the objections received, having been considered as aforesaid, are deemed insufficient, the board may submit its proposals to the local government, with the objections if any which have been sent in and with its decision thereon. 5 the local government, on receiving proposals under subsection 4, may sanction the same, or refuse to sanction them, or return them to the board for further consideration. 6 when the proposals of a district board in respect of a tax have been sanctioned by the local government, the board may, at a meeting convened and constituted as aforesaid, direct the imposition of the tax in accordance with those proposals: provided that, in giving such direction, the board shall fix a date not less than one month from the date of the meeting on which the tax shall come into force. 7 every direction under subsection 6 shall be notified, and the notification shall be conclusive evidence that the tax has been imposed in accordance with law.

section 32. of the punjab district boards act : the local government may, by notification, and the district board may, with the sanction of the local government, by a resolution passed at a meeting convened and constituted as the local government may prescribe, abolish or reduce any tax imposed under sections 30 and 31

section 42. of the punjab district boards act : every district board shall cause a copy of every annual estimate provisionally or finally approved under section 39, and of every account made up under section 40, to be kept at its office and any person paying rates or taxes under this act may, at all reasonable times, inspect any such estimate or account without payment of any fee.

section 38. of the punjab district boards act : in the case of works or undertakings which undertakings benefit more districts than one, when the district boards cannot agree, the commissioner or commissioners of the division or divisions, or, when the districts are in different divisions and the commissioners cannot agree, the local government, may determine what proportion of the expenses of the work or undertaking shall be borne by each of the district funds of the districts benefited thereby and such proportion shall be payable out of the several district funds accordingly.

section 41. of the punjab district boards act : 1 every local board shall submit annually to the district board of its district, on or before such date as the district board may appoint in this behalf, a statement of the requirements, and an estimate of the probable expenditure, of the local board for the coming financial year, and shall submit, as often as the district board may require, accounts of its receipts and expenditure. 2 the district board shall signify in. writing to the local board its approval or disapproval of an estimate submitted under this section, and powers similar to those conferred on the deputy commissioner and commissioner by section 39, clauses, 5 and 6, shall be exercised, in regard to the estimate, by the district board and the deputy commissioner, or when the deputy commissioner is a member of the district board the commissioner, respectively provided that, during the currency of any financial year, the deputy commissioner may sanction transfers of provision within the estimate finally approved, when inconvenience or undue delay would be caused by a previous reference to the district board. 3 the district board shall make arrangements, subject to the approval of the deputy commissioner, for the examination and. audit of accounts submitted to it under this section, and may arrange for the publication of such accounts.

section 40. of the punjab district boards act : accounts of the receipts and expenditure of every district board shall be made up periodically to such days and in such form as the local government prescribes, and shall be examined and. audited as soon as may be after they are so made up by such persons as the local government appoints in this behalf.

section 36. of the punjab district boards act : 1 the district fund shall be vested in the district board, and the balance standing at the credit of the fund shall be kept in the government treasury or subtreasury or in the bank to which the government treasury business has been made over, unless the local government in any cases otherwise permits. 2 subject to such rules as the 7local government, subject to the control of the governor general in council may make in this behalf, the district board may, with the previous sanction of the local government, invest any portion of the district fund in securities of the government of india or such other securities as the 1local government, subject to the control of the governor general in council may approve in this behalf, and vary such investments for others of the same nature, or dispose of them. the income resulting from the securities, and the proceeds of the sale of the same, shall be credited to the district fund. 1. ins. by s. 2 and the schedule.

section 37. of the punjab district boards act : 1 the district fund shall be charged with the payment of the expenses of the districtpost, the payment of the expenses of pauper lunatics sent to public asylums from the area under the authority of the district board, the expenses incurred in auditing the accounts of the district boards and local boards, and such portion of the cost of the provincial departments for education, sanitation, vaccination, medical relief and public works as may be held by the local government to be equitably debitable to the district board in return for services rendered to the board by those departments. 2 subject to the charges specified in subsection 1, and to such rules as the local government may make with respect to the priority to be given to the several duties of the board or otherwise, the district fund shall be applicable to the payment, in whole or in part, of the charges and expenses incidental to the matters specified in sections 20, 27, 28 and 29, and to the provision of grantsinaid to educational and medical institutions, within the area subject to the authority of the district board, and, with the sanction of the commissioner, outside that area when such application of the fund is for the benefit of the inhabitants of that area.

section 35. of the punjab district boards act : there shall be formed for each district a fund, to be called the district fund, andthere shall lie placed to the credit thereof a the balance if any of the allotments made for the district under section 7 of the panjab local bates act, v of , and of the road and school ceases, which may be available for expenditure in the district on the day on which the district board comes into existence b all proceeds of rates allotted to the district board under section 9 c the proceeds of all taxes imposed in the district under sections 30 and 31 d the amount of all fees levied by the district board or by local boards in the district under section 33 e all funds allotted to the district board and the income arising from all sources of income placed at its disposal under section 34 f all rents and profits accruing from property vested in the district board or managed by the district board or a local board in the district g all sums contributed to the fund by government or by any committee, board or private person h all sums received by the district board or by a local board in the district in the discharge ,of functions exercised by it under this act and i the proceeds of all sources of income which the local government may order to be placed at, the disposal of the district board : provided that the meal government may revoke any order made .under clause i.

section 39. of the punjab district boards act : 1 every district board shall appoint a finance committee consisting of not less than three of its members. 2 every district board shall, on or before a boards prescribed day in each year, hold a meeting at which the finance committee shall submit to the board an estimate of the income and expenditure of the board for the next financial year, in such form as the local government may, by a rule made under this act, prescribe. 3 the board shall consider the estimate, and may provisionally approve of it .with or without modification. 4 the board shall, on or before a prescribed day, cause copies of the estimate, as provisionally approved by it, to be sent to the deputy commissioner. 5 the deputy commissioner shall, on or before a, prescribed day, signify in writing to the board his approval or disapproval of the estimate. when he disapproves of the estimate, he shall state the nature of his objection. the board shall then consider the matter, and either modify the estimate, so as to remove the objection, or refer it through the deputy commissioner to the commissioner of the division. if the commissioner concurs in the objection, he shall make such modification in the estimate as may, in his judgment, be necessary to remove the objection in whole or in part. if he does not concur in the objection, he shall pass the estimate, and his order shall be final and binding on the board. 6 when the deputy commissioner has signified his approval of an estimate, or the board has modified an estimate so as to remove the deputy commissioners objections, or when the commissioner has passed orders as provided in subsection 5, no expenditure which is not provided for in the estimate as approved or modified shall be incurred during the year to which the estimate relates without the previous sanction of the deputy commissioner. 7 when the deputy commissioner is a member of the district board, the commissioner and the local government shall take the place of the deputy commissioner and the commissioner respectively for the purposes of this section.

section 43. of the punjab district boards act : a statement of the accounts of a district board for each financial year, showing the income of the district fund under each head. of receipt, the charges for establishment, the works undertaken, the sums expended on each work, and the balance, if any, of the fund remaining unspent at the end of the year, shall be prepared by the board in such form as the local government prescribes and an abstract of the same shall be published in the english and vernacular official gazettes, or in such other manner as the local government may direct.

section 44. of the punjab district boards act : 1 the commissioner of the division, or the deputy commissioner of the district when he is not a member of the district board, may a enter on and inspect, or cause to be entered on and inspected, any immoveable property within the limits of the division or district respectively occupied by any local board, district board or joint committee, or any work in progress within those limits under the direction of any such board or committee b by order in writing call for and inspect any document in the possession or under the control of any such board or committee having authority within those limits c by order in writing require any such board or committee to furnish such statements, accounts, reports and copies of documents relating to the proceedings or duties of the board or committee, as he may think fit to call for and d record in writing, for the consideration of any such board or committee, any observations he may think proper in regard to the proceedings or duties of the board or committee. 2 if any difference of opinion arises between officers exercising the powers conferred by subsection 1, it shall be referred a if it arises between two or more deputy commissioners in the same divisionto the commissioner and b if it arises between two or more deputy commissioners in different divisions or between two or more commissionersto the local government and the decision thereon of the commissioner or of the local government, as the case may be, shall be final.

section 51. of the punjab district boards act : if a district board or local board is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this or any other act, or exceeds or abuses its powers, the local government may, 1 in council, by notification, in which the reasons for so doing shall be stated, declare the board to be superseded: provided that, in case of public emergency, the notification may be issued without the previous approval of the governor general in council, but shall be immediately reported to the governor general in council and shall be subject to his orders. 1. the words with the previous approval of the governor general in council omitted by act 4 of , s. 2 and the schedule.

section 53. of the punjab district boards act : 1 when a district board is superseded, constitution the local government shall, as soon as in its judgment conveniently may be, constitute another district board in its place. 2 when a local board is superseded, the local government may either constitute another local board in its place, or transfer its functions to the district board or, by a notification under section 10, to any other local board.

section 52. of the punjab district boards act : when a district board or local board is superseded under section 51, the following consequences shall ensue: a all members of the board shall from the date of the notification vacate their offices as such members: b all powers and duties of the board may, until the board is reconstituted, be exercised and. performed by such person as the local government appoints in that behalf: c where a district board is superseded, all property vested in it shall, until it is reconstituted, vest in tier majesty.

section 45. of the punjab district boards act : the commissioner of the division or the deputy commissioner of the district may, by order in writing, suspend, within the division or district respectively, the execution of any resolution or order of a district board or local board or joint committee, or prohibit the doing of any act within the said limits which is about to be done, or is being done, in pursuance of or under cover of this act, if, in his opinion, the resolution, order or act is in. excess of the powers conferred by law, or the execution of the resolution or order, or the doing of the act, is likely to lead to a breach of the peace, or to cause injury or annoyance to the public or to any class or body or persons.

section 46. of the punjab district boards act : 1 in cases of emergency, the deputy commissioner may provide for the execution of any work, or the doing of any act, which a district board or local board is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the district board. 2 if the expense is not so paid, the deputy commissioner may make an order directing the person having the custody of the balance of the district fund to pay the expense, or so much thereof as is, from time to time, possible, from that balance in priority to all other charges against the same.

section 47. of the punjab district boards act : 1 when the commissioner, after due enquiry, is satisfied that a district board has made default in performing any duty imposed upon it by or under this act, he may, by an order in writing, fix a period for the performance of that duty, and, if it is not performed within the period so fixed, he may appoint some person to perform it, and may direct that the expense of performing it shall be paid, within such time as he may fix, by the board to that person. 2 if the expense is not so paid, the commissioner may make an order directing the person having the custody of the balance of the district fund to pay the expense, or so much thereof as is, from time to time, possible, from that balance in priority to all other charges against the same.

section 48. of the punjab district boards act : when the control and administration of any public work is by or under this act transferred to a district board, and at the time of the transfer the cost of that control and administration is defrayed from provincial revenue, the local government may invest any officer with respect to that work with the powers of a commissioner under section 44 or section 47, or with the powers of a deputy commissioner under section 46.

section 49. of the punjab district boards act : when the commissioner makes any order under section 45 or section 47, he shall forthwith forward to the local government, and when the deputy commissioner makes any order under section 45 or section 46, or an officer empowered under section 48 makes any order under section 46 or section 47, he shall forthwith forward to the commissioner, for submission to the local government, a copy of the order, with a statement of the reasons for making it, and with such explanation, if any, as the board or committee concerned may wish to offer. the local government may thereupon confirm, modify or rescind the order.

section 50. of the punjab district boards act : 1 it shall be the duty of the local government and of all commissioners and deputy commissioners acting under its orders to require that the proceedings of district boards and local boards shall be in conformity with law and with the rules in force thereunder. 2 the local government may exercise all powers necessary for the purpose of subsection 1, and may, amongst other things, by order in writing, annul any proceeding which it considers not to be in conformity with law and with the said rules. 3 the commissioner of the division and the deputy commissioner of the district may, within their jurisdiction, for the same purpose, exercise such .powers as may be conferred upon them by rules made in this behalf by the local government.

section 61. of the punjab district boards act : where any land is required for the purposes of this act, the local government may, at the request of a district board, proceed to acquire it under the provisions of the land acquisition act, 10 of and, on the payment by the board of the compensation awarded under that act, and of the charges incurred by the government in connection with the proceedings, the land shall vest in the board.

section 60. of the punjab district boards act : 1 the local government, before making procedure any rules under section 55 or section 67, and a district or local hoard, before making any regulations rules and regulations, under section 56, shall publish, in such manner as the local government may deem sufficient for giving information to persons interested, a draft of the proposed rules or regulations, together with a notice specifying a date on or after which the draft will be taken into consideration and shall, before making the rules or regulations, receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified. 2 every such rule or regulation shall be published in the official gazette in english and in such other language as the local government directs, and such publication shall be conclusive evidence that the rule or regulation has been made as required by this section.

section 54. of the punjab district boards act : if any dispute, for the decision of which this act does not otherwise provide, arises between two or more boards constituted under this act, or between a municipal committee or cantonment authority and any such board, the matter shall be referred a to the deputy commissioner, if the local authorities concerned are in the same district b to the commissioner or commissioners of the division or divisions, if the local authorities concerned are in different districts and c to the local government, if the local authorities concerned are in different divisions and the commissioners of those divisions cannot agree. 2 the decision of the authority to which any dispute is referred under this section shall be final. 3 if, in the case mentioned in clause a, the deputy commissioner is a member of one of the boards or committees concerned, his functions under this section shall be discharged by the commissioner. 4 local authority in this section means a district board, local board, municipal committee or cantonment authority.

section 62. of the punjab district boards act : 1 if any member, officer or servant of a district or local board or joint committee appointed under this act is, otherwise than with the permission in writing of the commissioner, directly or indirectly interested in any contract made with that board or joint committee, he shall be deemed to have committed an offence under the indian penal code, section 168. 2 a person shall not, by reason of being a shareholder in, or a member of, any incorporated or registered company, be held to be interested, in any contract entered into between the company and a board or committee but he shall not take part in any proceedings of the board or committee relating to any such contract.

section 63. of the punjab district boards act : nothing in this act shall affect the local authorities loans act, 11 of .

section 55. of the punjab district boards act : so far as may be consistent with the provisions of this act 1 the governor general in council may a make general rules or special orders for the regulation of taxation under section 30 and 1b regulation the powers of district boards to make vary and dispose of investments 2 the local government may, for any district or local board, or any class of such boards, make rules for 2rules made under clause 2b shall be subject to the control of the governor general in council c dividing boards into classes, and fixing the powers of boards of each class d determining the mode and time of appointment or election of members of boards, the term of office, allowances if any, and the qualifications and disqualifications of such members, and the qualifications and disqualifications of voters, and generally for regulating all elections under this act e regulating the. powers of boards to transfer property f regulating the powers of boards to contract and do other things necessary for the purposes of their constitution and the mode of executing contracts g determining the intermediate offices, if any, through which correspondence between boards or members of boards and the local government or its officers shall pass h determining the language in which business shall be transacted i the employment, payment, suspension and removal of officers and servants under section 27 j the apportionment of the district fund between the general purposes of the district and. the purposes of particular parts of the district k the application of district funds l the form of estimates of income and expenditure under section 39 m the form of accounts and. the manner of periodical audit under section 40 n the publication of abstracts of accounts under section 43 o the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of boards, and as to the authority by which, and the conditions subject to which, such plans and estimates may be sanctioned p the powers of supervision to be exercised by commissioners and deputy commissioners under section 50 q the conduct of proceedings of boards, including the fixing of a quorum, the appointment or election of a chairman, and the term of office of a chairman and vicechairman r the appointment and payment of auditors of the accounts of boards and s the guidance of district boards when suits or other proceedings are intended to be or have been instituted by or against them in civil courts and t generally determining the relations between district boards and local boards, and guiding boards and government officers in all matters connected with the carrying out of the provisions of this act. all such rules and alterations of rules shall be notified, and no rules or alteration of rules under clause 2 d shall come into operation until three monthsafterthey have been notified 3rules made under clause 2b shall be subject to the control of the governor general in council. 1. ins. by act 4 of , s. 2 and the schedule. 2. added by s. 2 and the schedule, ibid. 3. added by act 4 of , s. 2 and the schedule.

section 57. of the punjab district boards act : 1 in, makingany regulation under section 56, a board may direct that a breach of the same shall be punished with fine which may extend to fifty rupees, and, in the case of a continuing breach, with a further fine which may extend to five rupees for every day during which the breach is continued after the offender has been convicted of such breach. 2 in default of payment of any fine imposed under this section, the defaulter shall be liable to simple imprisonment for a term which may extend to eight days:

section 58. of the punjab district boards act : 1 prosecutions under this act for breach of regulations may be instituted by any board, or by any person authorized by the board in this behalf. 2 a judge or magistrate shall not be deemed to be within the meaning of section 555 of the code of criminal procedure a party to, or personally interested in, any case under this section merely because he is a member of the board.

section 56. of the punjab district boards act : 1 every district board or local board empowered in. this behalf by the local government may make regulations for carrying out all or any of the purposes of this act. 2 a regulation made under this section shall not have effect until it has been confirmed by the local government and published in such manner and for such time as the local government may direct.

section 59. of the punjab district boards act : every person shall be liable for the loss, waste liability of or misapplication of any money or other property members of belonging to the district board, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while a member of a local board or of the district board, and a suit for compensation for the same may be instituted against him in such court as the local government directs, by the district board with the sanction of the commissioner, or by the secretary of state for india in council.

section 71. of the punjab district boards act : 1 the local government may, by notification, determine the persons by whom the local rate or any tax imposed under this act shall be assessed and collected, and make rules for the assessment and collection of the rate or tax, and direct in what manner persons employed in the assessment or collection shall be remunerated. 2 the provisions of section 60 shall apply to all rules made under this section.

section 65. of the punjab district boards act : every contract entered into, whether in its own name or in the name of the government, by the, committee appointed in a district under section 11 of the panjab. local rates act, , may be enforced by and against the district board constituted for that district under this act, in like manner as it might have been by and against the committee if this act had not been passed.

section 72. of the punjab district boards act : 1 in matters connected with the assessment and collection of any rate or tax leviable under this act, an appeal shall lie from the order of any person authorized under this act to make assessments or collections to such person as the local government appoints: provided that the appeal shall be presented within 30 days from the date of the order. 2 the order passed on an appeal under this section shall be final.

section 67. of the punjab district boards act : 1 if the circumstances of any district or part of a district are, in the opinion of the local government, such that all or any of the provisions of this chapter are unsuited thereto, the local government may, by notification in the official gazette, except the district or part from the operation of those provisions and thereupon those provisions shall not apply to the excepted district or part until again applied thereto by a like notification. 2 while any notification under this section is in force, the local government may make rules to provide for any matter dealt with by the provisions to which the notification applies.

section 66. of the punjab district boards act : a government officer employed under the committee appointed in a district as aforesaid at the time when a district board comes into existence for the district under section 17 of this act shall be deemed to be similarly employed by the board, and shall not be dismissed from that employment without the sanction of the local government.

section 64. of the punjab district boards act : in all matters connected with this act, the local government shall have and exercise over commissioners and deputy commissioners, and commissioners shall have and exercise over deputy commissioners,, the same authority and control as they respectively have and. exercise over them in the general and revenue administration.

section 69. of the punjab district boards act : 1 when any local area in which act 20 of an act to make better provision for the appointment and maintenance of police chaukidars in cities, towns, stations, suburbs and bazars in the presidency of fort william in bengal is in force is included in any local area over which a district board established under this act has authority, the local government may, by notification, direct that that act shall cease to be in force in the local area bo included, and that every panchayat constituted under that act for that local area shall cease to exist. 2 when a direction is issued under this section in respect of any local area in. which the said act 20 of is in force, the amount, if any, then available under section 36 of that act for purposes of improvement in that local area shall be expended therein by the deputy commissioner for such purposes.

section 68. of the punjab district boards act : when a district is excepted, under section 67, from all the provisions of this chapter, a committee shall, except where the local government for special reasons otherwise directs, be constituted for the control and administration in that district of the matters mentioned in section 20, or of such of them as the local government may, from time to time, specify and the local government shall, from time to time, determine the manner in which the members of the committee shall be appointed and removed, define the functions and authority of the committee, and place at its disposal, subject to such control as the local government thinks fit, a the balance standing at the credit of the district fund at the time when the district is excepted or, as the case may be, the balance of the allotments made for the district under section 7 of the panjab local rates act, 5 of , and of the road and school cesses, which may be available for expenditure in the district at that time b all proceeds of rates which, but for the district being excepted, would be allotted to the district board under section 9 of this act and c such other sources of income mentioned in section 35 of this act as the local government thinks fit: provided that not less than onehalf of the members of the committee shall be persons who own landed property or reside or carry on trade or business in the district and are not servants of the government.

section 70. of the punjab district boards act : all rates and taxes imposed under this act, and all arrears of such rates and taxes, may be recovered as if they were arrears of landrevenue.

section 79.. of the punjab district boards act : further amendment. rep. by s. 2 and the schedule, ibid.

section 78.. of the punjab district boards act : amendment of the northern india ferries act. rep. by s. 2 and the schedule, ibid

section 73. of the punjab district boards act : 1 the local government may, by notification, prescribe by what instalments and at what times any rate or tax leviable under this act shall be, payable: provided that every instalment of the local rate leviable under section 5 shall be payable with an instalment of the landrevenue. 2 in any local area subject to the authority of a district board the local government may, by notification, delegate to the board, subject to such conditions as ifs thinks fit, its powers under this section.

section 74. of the punjab district boards act : the local government may, by notification, remit or reduce any rate or tax imposed under this act, or exempt any person or class of persons, or any description of property, wholly or in any part, from liability to any such rate or tax, and cancel any such remission, reduction or exemption.

section 75. of the punjab district boards act : when measurements are necessary for the assessment of the local rate or of any tax imposed under this act, the local government may, by notification, direct such measurements to be made.

section 76. of the punjab district boards act : suits for the recovery from cosharers, tenants or others of any sum on account of any rate or tax imposed under this act, and suits on account of illegal exaction of any such rate or tax, or for settlement of accounts connected therewith, shall, unless the local government otherwise directs, be cognizable by the courts which for the time being have cognizance of suits for rent due on land.

section 77. of the punjab district boards act : all rates for the maintenance of roads, schools or the districtpost, for the payment of which provision has been made in any settlementrecord previous to the passing of this act, or which have been habitually levied by government, shall be deemed to have been and to be legally imposed, and to have been and to be legally recoverable as if they were arrears of landrevenue payable directly to government and due on the land in respect of which they are payable.

section 8. of the registration of births and deaths act : 1 it shall be the duty of the persons specified below to give or cause to be given, either orally or in writing, according to the best of their knowledge and belief, within such time as may be prescribed, information to the registrar of the several particulars required to be entered in the forms prescribed by the state government under subsection 1 of section 16, a in respect of births and deaths in a house, whether residential or nonresidential, not being any place referred to in clauses b to e the head of the house or, in case more than one household live in the house, the head of the household, the head being the person, who is so recognised by the house or the household, and if he is not present in the house at any time during the period within which the birth or death has to be reported, the nearest relative of the head present in the house, and in the absence of any such person, the oldest adult male person present therein during the said period b in respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf c in respect of births and deaths in a jail, the jailor in charge d in respect of births and deaths in a choultry, chattram, hostel, dharmasala, boardinghouse, lodginghouse, tavern, barrack, toddy shop or place of public resort, the person in charge thereof e in respect of any newborn child or dead body found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere: provided that any person who finds such child or dead body, or in whose charge such child or dead body may be placed, shall notify such fact to the headman or officer aforesaid f in any other place, such person as may be prescribed. 2 notwithstanding anything contained in subsection 1, the state government, having regard to the conditions obtaining in a registration division, may by order require that for such period as may be specified in the order, any person specified by the state government by designation in this behalf, shall give or cause to be given information regarding births and deaths in a house referred to in clause a of subsection 1 instead of the persons specified in that clause.

section 1. of the registration of births and deaths act : show related subordinates 1 this act may be called the registration of births and deaths act, . 2 it extends to the whole of india. 3 it shall come into force in a state on such date 1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different parts of a state. 11st october, , vide notification no. g.s.r. , dated 22nd, november, gazette of india, extraordinary, part ii, sec. 3i in the following areas of the state of jammu and kashmir: the area comprised within the jurisdiction of the police station of ramnagar in udhampur district. the area comprised within the jurisdiction of the police station of kupwara in baramulla district. the area comprised within the limits of the municipalities of jammu and srinagar. the area comprised within the limits of town area committees of anantnag, kathua and leh. 1st may, vide notification no. g.s.r. 379, dated in the union territory of mizoram. 1st january, vide notification no g.s.r. , dated , see gazette of india, extraordinary, part ii, sec. 3i in the union territory of goa, daman and diu. 1st january, vide notification no. g.s.r. , dated , see gazette of india, part ii, sec. 3i in the union territory of manipur. 1st april, , vide notification no. g.s.r. 106, dated , see gazette of india, part ii, sec. 3i in the union territory of andaman and nicobar islands. 1st october, , in the whole of the state of nagaland vide notification no. g.s.r. , dated , see gazette of india, part ii, sec. 3i, dated . 1st july, , in the union territory of arunachal pradesh vide notification no. g.s.r. 552, dated , see gazette of india, part ii, sec. 3i. 1st april, , in the whole of state of tripura vide notification no. g.s.r. 202e, dated , see gazette of india, extraordinary, part ii, sec. 3i. 1st december, vide notification no. g.s.r. 463e, dated , see gazette of india, extraordinary, part ii, sec. 3i also in the area comprised within the limits of cantonments of barrackpore, labong and jalapahar in the state of west bengal 1st july, , vide notification no. g.s.r. 973, dated 26th june, , extended to the union territory of delhi. 1st april, , vide notification no. g.s.r. 514, dated 21st march, , gazette of india, sec. 3i, in the areas of the state of assam except: i the district of united khasi jaintia hills excluding the areas comprised within the limits of: a municipality of shillong b contonment of shillong ii the entire district of garo hills iii the entire district of united mikir and north cachar hills iv the entire district of mizo hills. in the state of west bengal except: i the area comprised within the limits of corporation of calcutta ii the area comprised within the limits of howrah municipality iii fort villiam and iv the area comprised, within the limits of cantonments of barrackpore, labong and jalapahar. 1st april, , vide notification no. g.s.r. 461, dated 7th march, , see gazette of india, sec. 3i, in the states and the union territories: states 1. andhra pradesh 8. mysore 2. bihar 9. orissa 3. gujrat 10. punjab 4. haryana 11. rajasthan 5. kerala 12. tamil nadu 6. madhya pradesh 13. uttar pradesh. 7. maharashtra union territories. 1. chandigarh 2. dadra and nagar haveli 3. himachal pradesh 4. laccadive, minicoy and amindivi islands.

section 7. of the registration of births and deaths act : 1 the state government may appoint a registrar for each local area comprising the area within the jurisdiction of a municipality, panchayat or other local authority or any other area or a combination of any two or more of them: provided that the state government may appoint in the case of a municipality, panchayat, or other local authority, any officer or other employee thereof as a registrar. 2 every registrar shall, without fee or reward, enter in the register maintained for the purpose all information given to him under section 8 or section 9 and shall also take steps to inform himself carefully of every birth and of every death which takes place in his jurisdiction and to ascertain and register the particulars required to be registered. 3 every registrar shall have an office in the local area for which he is appointed. 4 every registrar shall attend his office for the purpose of registering births and deaths on such days and at such hours as the chief registrar may direct and shall cause to be placed in some conspicuous place on or near the outer door of the office of the registrar a board bearing, in the local language, his name with the addition of registrar of births and deaths for the local area for which he is appointed, and the days and hours of his attendance. 5 the registrar may, with the prior approval of the chief registrar, appoint subregistrars and assign to them any or all of his powers and duties in relation to specified areas within his jurisdiction.

section 2. of the registration of births and deaths act : show related subordinates 1 in this act, unless the context otherwise requires, a birth means livebirth or stillbirth b death means the permanent disappearance of all evidence of life at any time after livebirth has taken place c foetal death means absence of all evidence of life prior to the complete expulsion or extraction from its mother of a product of conception irrespective of the duration of pregnancy d livebirth means the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or show any other evidence of life, and each product of such birth is considered liveborn e prescribed means prescribed by rules made under this act f state government, in relation to a union territory, means the administrator thereof g stillbirth means foetal death where a product of conception has attained at least the prescribed period of gestation. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 4. of the registration of births and deaths act : show related subordinates 1 the state government may, by notification in the official gazette, appoint a chief registrar for the state. 2 the state government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the chief registrar, such of his functions as he may, from time to time, authorise them to discharge. 3 the chief registrar shall be the chief executive authority in the state for carrying into execution the provisions of this act and the rules and orders made thereunder subject to the directions, if any, given by the state government. 4 the chief registrar shall take steps, by the issue of suitable instructions or otherwise, to coordinate, unity and supervise the work of registration in the state for securing an efficient system of registration and shall prepare and submit to the state government, in such manner and at such intervals as may be prescribed, a report on the working of this act in the state along with the statistical report to in subsection 2 of section 19.

section 9. of the registration of births and deaths act : show related subordinates in the case of births and deaths in a plantation, the superintendent of the plantation shall give or cause to be given to the registrar the information referred to in section 8: provided that the persons referred to in clauses a to f of subsection 1 of section 8 shall furnish the necessary particulars to the superintendent of the plantation. explanation.in this section, the expression plantation means any land not less than four hectares in extent which is being prepared for the production of, or actually produces, tea, coffee, pepper, rubber, cardamom, cinchona or such other products as the state government may, by notification in the official gazette, specify and the expression superintendent of the plantation means the person having the charge or supervision of the labourers and work in the plantation, whether called a manager, superintendent or by any other name.

section 3. of the registration of births and deaths act : show related subordinates 1 the central government may, by notification in the official gazette, appoint a person to be known as the registrargeneral, india. 2 the central government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging under the superintendence and direction of the registrargeneral, such functions of the registrargeneral under this act as he may, from time to time, authorise them to discharge. 3 the registrargeneral may issue general directions regarding registration of births and deaths in the territories to which this act extends, and shall take steps to coordinate and unify the activities of chief registrars in the matter of registration of births and deaths and submit to the central government an annual report on the working of this act in the said territories.

section 10. of the registration of births and deaths act : 1 it shall be the duty of i the midwife or any other medical or health attendant at a birth or death, ii the keeper or the owner of a place set apart for the disposal of dead bodies or any person required by a local authority to be present at such place, or iii any other person whom the state government may specify in this behalf by his designation, to notify every birth or death or both at which he or she attended or was present, or which occurred in such areas as may be prescribed, to the registrar within such time and in such manner as may be prescribed. 2 in any area, the state government, having regard to the facilities available therein in this behalf, may require that a certificate as to the cause of death shall be obtained by the registrar from such person and in such form as may be prescribed. 3 where the state government has required under subsection 2 that a certificate as to the cause of death shall be obtained, in the event of the death of any person who, during his last illness, was attended by a medical practitioner, the medical practitioner shall, after the death of that person, forthwith, issue without charging any fee, to the person required under this act to give information concerning the death, a certificate in the prescribed form stating to the best of his knowledge and belief the cause of death and the certificate shall be received and delivered by such person to the registrar at the time of giving information concerning the death as required by this act.

section 6. of the registration of births and deaths act : 1 the state government may appoint a district registrar for each revenue district and such number of additional district registrars as it thinks fit who shall, subject to the general control and direction of the district registrar, discharge such functions of the district registrar as the district registrar may, from time to time, authorise them to discharge. 2 the district registrar shall superintend, subject to the direction of the chief registrar, the registration of births and deaths in the district and shall be responsible for carrying into execution in the district the provisions of this act and the orders of the chief registrar issued from time to time for the purposes of this act.

section 14. of the registration of births and deaths act : where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the registrar either orally or in writing and thereupon the registrar shall enter such name in the register and initial and date the entry.

section 5. of the registration of births and deaths act : show related subordinates the state government may, by notification in the official gazette, divide the territory within the state into such registration divisions as it may think fit and prescribe different rules for different registration divisions.

section 11. of the registration of births and deaths act : every person who has orally given to the registrar any information required under this act shall write in the register maintained in this behalf, his name, description and place of abode, and, if he cannot write, shall put his thumb mark in the register against his name, description and place of abode, the particulars being in such a case entered by the registrar.

section 12. of the registration of births and deaths act : the registrar shall, as soon as the registration of a birth or death has been completed, give, free of charge, to the person who gives information under section 8 or section 9 and extract of the prescribed particulars under his hand from the register relating to such birth or death.

section 17.search of births and deaths register of the registration of births and deaths act : show related subordinates 1 subject to any rules made in this behalf by the state government, including rules relating to the payment of fees and postal charges, any person may a cause a search to be made by the registrar for any entry in a register of births and deaths and b obtain an extract from such register relating to any birth or death: provided that no extract relating to any death, issued to any person, shall disclose the particulars regarding the cause of death as entered in the register. 2 all extracts given under this section shall be certified by the registrar or any other officer authorised by the state government to give such extracts as provided in section 76 of the indian evidence act, 1 of , and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.

section 13. of the registration of births and deaths act : 1 any birth or death of which information is given to the registrar after the expiry of the period specified therefor, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. 2 any birth or death of which delayed information is given to the registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the state government. 3 any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a presidency magistrate after varifying the correctness of the birth or death and on payment of the prescribed fee. 4 the provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.

section 20. of the registration of births and deaths act : show related subordinates 1 the registrargeneral shall, subject to such rules as may be made by the central government in this behalf, cause to be registered information as to births and deaths of citizens of india outside india received by him under the rules relating to the registration of such citizens at indian consulates made under the citizenship act, 57 of , and every such registration shall also be deemed to have been duly made under this act. 2 in the case of any child born outside india in respect of whom information has not been received as provided in subsection 1, if the parents of the child return to india with a view to settling therein, they may, at any time within sixty days from the date of the arrival of the child in india, get the birth of the child registered under this act in the same manner as if the child was born in india and the provisions of section 13 shall apply to the birth of such child after the expiry of the period of sixty days aforesaid.

section 15. of the registration of births and deaths act : show related subordinates if it is proved to the satisfaction of the registrar that any entry of a birth or death in any register kept by him under this act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the state government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.

section 16. of the registration of births and deaths act : 1 every registrar shall keep in the prescribed form a register of births and deaths for the registration area or any part thereof in relation to which he exercises jurisdiction. 2 the chief registrar shall cause to be printed and supplied a sufficient number of register books for making entries of births and deaths according to such forms and instructions as may, from time to time, be prescribed and a copy of such forms in the local language shall be posted in some conspicuous place on or near the outer door of the office of every registrar.

section 18.inspection of registration offices of the registration of births and deaths act : the registration offices shall be inspected and the registers kept therein shall be examined in such manner and by such authority as may be specified by the district registrar.

section 19. of the registration of births and deaths act : 1 every registrar shall send to the chief registrar or to any officer specified by him, at such intervals and in such form as may be prescribed, a return regarding the entries of births and deaths in the register kept by such registrar. 2 the chief registrar shall cause the information in the returns furnished by the registrars to be compiled and shall publish for the information of the public a statistical report on the registered births and deaths during the year at such intervals and in such form as may be prescribed.

section 21.power of registrar to obtain information regarding birth or death of the registration of births and deaths act : the registrar may either orally or in writing require any person to furnish any information within his knowledge in connection with a birth or death in the locality within which such person resides and that person shall be bound to comply with such requisition.

section 22. of the registration of births and deaths act : show related subordinates the central government may give such directions to any state government as may appear to be necessary for carrying into execution in the state any of the provisions of this act or of any rule or order made thereunder.

section 28. of the registration of births and deaths act : show related subordinates 1 no suit, prosecution or other legal proceeding shall lie against the government, the registrargeneral, any registrar, or any person exercising any power or performing any duty under this act for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance, of this act or any rule or order made thereunder.

section 23. of the registration of births and deaths act : 1 any person who a fails without reasonable cause to give any information which it is his duty to give under any of the provisions of sections 8 and 9 or b gives or causes to be given, for the purpose of being inserted in any register of births and deaths, any information which he knows or believes to be false regarding any of the particulars required to be known and registered or c refuses to write his name, description and place of abode or to put his thumb mark in the register as required by section 11, shall be punishable with fine which may extend to fifty rupees. 2 any registrar or subregistrar who neglects or refuses, without reasonable cause, to register any birth or death occurring in his jurisdiction or to submit any returns as required by subsection 1 of section 19 shall be punishable with fine which may extend to fifty rupees. 3 any medical practitioner who neglects or refuses to issue a certificate under subsection 3 of section 10 and any person who neglects or refuses to deliver such certificate shall be punishable with fine which may extend to fifty rupees. 4 any person who, without reasonable cause, contravenes any provision of this act for the contravention of which no penalty is provided for in this section shall be punishable with fine which may extend to ten rupees. 5 notwithstanding anything contained in the code of criminal procedure, 5 of , an offence under this section shall be tried summarily by a magistrate.

section 29.act not to be in derogation of act 6 of of the registration of births and deaths act : nothing in this act shall be construed to be in derogation of the provisions of the births, deaths and marriages registration act, .

section 24. of the registration of births and deaths act : 1 subject to such conditions as may be prescribed, any officer authorised by the chief registrar by a general or special order in this behalf may, either before or after the institution of criminal proceedings under this act, accept from the person who has committed or is reasonably suspected of having committed an offence under this act, by way of composition of such offence a sum of money not exceeding fifty rupees. 2 on the payment of such sum of money, such person shall be discharged and no further proceedings shall be taken against him in respect of such offence.

section 30. of the registration of births and deaths act : show related subordinates 1 the state government may, with the approval of the central government, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing provision, such rules may provide for a the forms of registers of births and deaths required to be kept under this act b the period within which and the form and the manner in which information should be given to the registrar under section 8 c the period within which and the manner in which births and deaths shall be notified under subsection 1 of section 10 d the person from whom and the form in which a certificate as to cause of death shall be obtained e the particulars of which extract may be given under section 12 f the authority which may grant permission for registration of a birth or death under subsection 2 of section 13 g the fees payable for registration made under section 13 h the submission of reports by the chief registrar under subsection 4 of section 4 i the search of birth and death registers and the fees payable for such search and for the grant of extracts from the registers j the forms in which and the intervals at which the returns and the statistical report under section 19 shall be furnished and published k the custody, production and transfer of the registers and other records kept by registrars l the correction of errors and the cancellation of entries in the register of births and deaths m any other matter which has to be, or may be, prescribed. 1 3 every rule made under this act shall be laid, as soon as may be after it is made, before the state legislature. 1 ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 25. of the registration of births and deaths act : no prosecution for an offence punishable under this act shall be instituted except by an officer authorised by the chief registrar by general or special order in this behalf.

section 27. of the registration of births and deaths act : show related subordinates the state government may, by notification in the official gazette, direct that any power exercisable by it under this act except the power to make rules under section 30 or the rules made thereunder shall, subject to such conditions, if any, as may be specified in the direction, be exercisable, also by such officer or authority subordinate to the state government as may be specified in the direction.

section 26.registrars and subregistrars to be deemed public servants of the registration of births and deaths act : show related subordinates all registrars and subregistrars shall, while acting or purporting to act in pursuance of the provisions of this act or any rule or order made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 32. of the registration of births and deaths act : if any difficulty arises in giving effect in a state to the provisions of this act in their application to any area, the state government may, with the approval of the central government, by order make such provisions or give such directions not inconsistent with the provisions of this act as appears to the state government to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section in relation to any area in a state after the expiration of two years from the date on which this act comes into force in that area.

section 31. of the registration of births and deaths act : show related subordinates 1 subject to the provisions of section 29, as from the coming into force of this act in any state or part thereof, so much of any law in force therein as relates to the matters covered by this act shall stand repealed in such state or part, as the case may be. 2 notwithstanding such repeal, anything done or any action taken including any instruction or direction issued, any regulation or rule or order made under any such law shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 4d. of the indian red cross society act : 14d. powers and functions of the chairman and vicechairman.1 the powers and functions of the chairman shall be a to preside over the meetings of the managing body and all other committees set up by the managing body of which he is the chairman b to reappropriate on the advice of the treasurer of the society, budgetary allocation from the major head of account to another major head of account c to authorise, on the advice of the treasurer of the society, expenditure on items not contemplated in the annual budget of the society, subject to the availability of funds d to institute, if necessary, disciplinary proceedings against officers of and above the rank of deputy secretary of the society: provided that the final decision on the basis of the disciplinary proceedings so instituted shall be taken, i in case of the secretarygeneral of the society, with the previous approval of the president ii in other cases, with the previous approval of the managing body. 2 the powers and functions of the vicechairman shall be, a to exercise the powers and perform the functions conferred on the chairman under subsection 1 or delegated to him under subsection 3, in the absence of the chairman on leave or on tour abroad or for any other similar reasons b to act as ex officio member in all the committees or subcommittees appointed by the managing body. 3 the chairman and the vicechairman shall, in addition to the powers exercisable by them under subsections 1 and 2, exercise such other financial and administrative powers as may be delegated to them by the managing body in accordance with rules made by it under section 5. 1. ins. by act 14 of , s. 2 w.e.f. .

section 1. of the indian red cross society act : 1 this act may be called the indian red cross society act, . 1 1. subsection 2 omitted by act 22 of , s. 2.

section 2. of the indian red cross society act : there shall be constitued by this act a society to be known as the indian red cross society hereinafter called the society. the first members of the society shall be nominated by persons who immediately before the commencement of this act were members of the joint war committee, indian branch, of the order of st. john of jerusalem in england and the british red cross society hereinafter called the committee at a meeting to be summoned and held for that purpose in accordance with the usual practice of the committee within three months from the commencement of this act. the number of members to be so nominated shall not be less than twentyfive or more than fifty.

section 4c. of the indian red cross society act : 14c. secretary general and treasurer of the society.1 the managing body shall, with the previous approval of the president, appoint a secretarygeneral and a treasurer of the society. 2 the term of office and the conditions of service of the secretarygeneral and the treasurer shall be such as the managing body may determine by rules made under section 5: provided that a the term of office and conditions of service of the secretarygeneral and the treasurer may be varied in like manner by the managing body. 3 notwithstanding anything contained in any contract or agreement and notwithstanding any judgment, decree or order of any court, tribunal or authority or anything contained in any other provision of this act or the rules made thereunder, the term of office and conditions of service of any persons appointed as the secretarygeneral of the society at any time before the commencement of the indian red cross society amendment act, 14 of may be varied by the managing body with the previous approval of the president. 1. ins. by act 14 of , s. 2 w.e.f. .

section 3. of the indian red cross society act : the committee shall also at the same meeting appoint from among the members nominated under section 2 of the managing body of the society hereinafter called the managing body, the members of which shall hold office as such until a new managing body is appointed as hereinafter provided. the number of members of the managing body shall not be less than ten or more than thirty.

section 4e. of the indian red cross society act : 14e. powers of the president to supersede the managing body.1 if, at any time, the president is of opinion a that there has been gross failure in the management of the affairs of the society by the managing body or b that the managing body is acting in a manner which is prejudicial to carrying out the objectives of the society, the president array, by order in writing, supersede the managing body for such period, not exceeding six months, as may be specified in the order: provided that before issuing an order under this subsection, the president shall give a reasonable opportunity to the managing body to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the managing body. 2 upon the issue of an order under subsection 1 superseding the managing body, a all the members of the managing body shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, under the provisions of this act or the rules made thereunder, be exercised or discharged by or on behalf of the managing body shall, until the managing body is reconstituted, be exercised and discharged by such person or body of persons as the president may appoint in this behalf. 3 on the expiration of the period of supersession specified in the order issued under subsection 1, the president may extend the period of supersession for a further period not exceeding six months as may be recommended by the person or body of persons appointed under clause b of subsection 2: provided that the president may, at any time before the expiration of the period of supersession, whether as originally specified under subsection 1 or extended under this subsection, take such steps as are necessary to reconstitute the managing body in accordance with the provisions of section 4b. 1. ins. by act 14 of , s. 2 w.e.f. .

section 5. of the indian red cross society act : show related subordinates 11 the managing body 2may, 3with the previous approval of the president, make rules4 for the management, functions, control and procedure of the society. the rules may provide among other matters for the following, namely: a the conditions of membership of the society b the appointment and term of office of members of the managing body c the choice of representatives on international and other committees 5d the procedure of election of members by state branch committees e the constitution of finance, medical and other committees and the delegation of powers to them 6 7f the powers exercisable by the managing body in supervising the activities of state branch committees g delegation of financial and administrative powers to the chairman and the vicechairman h disqualifications for membership of the managing body i the term of office and conditions of service of the secretarygeneral and the treasurer and other officers of the society j the tegulation of the procedure generally of the society and managing body. 82 the central government shall cause every rule made under this section to be laid as soon as may be after the rule is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 5 renumbered as subsection 1 thereof by act 14 of , s. 3 w.e.f. . 2. subs. by act 22 of , s. 3, for shall, within six months from the commencement of this act and subject to the condition of previous publication, make rules for the management, control. 3. subs. by act 14 of , s. 3, for certain words w.e.f.. 4. for such rules, see gazette of india, , pt. i, p. . 5. subs. by act 14 of , s. 3, for clause d w.e.f.. 6. the word and omitted by act 22 of , s. 3. 7. subs. by act 14 of , s. 3, for clauses ee and f w.e.f. . 8. ins. by s. 3, ibid. w.e.f. .

section 4. of the indian red cross society act : the first members of the society and all persons who may hereafter become members thereof so long as they continue so to be, are hereby constituted a body corporate under the name of the indian red cross society, and the said body shall have perpetual succession and a common seal with power to hold and acquire property, moveable and immoveable, and shall sue and be sued by the said name.

section 4b. of the indian red cross society act : 1 notwithstanding anything contained in section 3, the managing body shall consist of the following members, namely: a a chairman to be nominated by the president for such term as he may deem fit b six members to be nominated by the president for such term as he may deem fit c twelve members to be elected by the state branch committees for a term of two years in accordance with the rules made by the managing body under section 5: provided that not more than one member shall be elected by any state branch committee: provided further that no member, elected under this section shall hold office continuously for more than two terms. 2 the managing body existing immediately before the commencement of the indian red cross society amendment act, 14 of shall case to exist and the chairman and all the members of the said body shall be deemed to have vacated their offices on such commencement and the managing body shall be reconstituted within a period of six months from such commencement in accordance with the provisions of subsection 1 and until it is so reconstituted, the president may authorise any person or body of persons to exercise and discharge all the powers, functions and duties which may, under the provisions of this act or the rules made thereunder, be exercised or discharged by or on behalf of the managing body. 1. ins. by act 14 of , s. 2 w.e.f. .

section 4a. of the indian red cross society act : 14a. president of the society.the president of india shall be the president of the society hereinafter referred to as the president. 1. ins. by act 14 of , s. 2 w.e.f. .

section 6. of the indian red cross society act : upon the nomination of the first members of the society and the appointment of the managing body a the committee shall be dissolved b all property, moveable or immoveable, of or belonging to the committee shall vest in the society and shall be applied by the managing body to the objects and purposes hereinafter set out and c all the debts and liabilities of the committee shall be transferred to the society, and shall thereafter be discharged and satisfied by it out of the aforesaid property, and each and every member of the committee shall be wholly discharged therefrom.

section 7. of the indian red cross society act : show related subordinates notwithstanding anything contained in any appeal for subscriptions or gifts to or for the purposes of the committee, the managing body may in its discretion apply a either the corpus of the income or any part of such corpus or income of any property vested in it under clause b of section 6 for the relief of sickness, suffering or distress caused by tile operation of war in india or in any other country in which expeditionary forces from india may, from time to time, be employed and for purposes cognate to that object and in maintaining red cross depots for military purposes b in accordance with the provisions of section 8 the income only of any such property but not the corpus or any part thereof for the relief of sickness or suffering in india, whether due to the operation of war or not, or in pursuance of any of the objects set forth in the first schedule.

section 13. of the indian red cross society act : show related subordinates 113. transfer of property to pakistan.1 notwithstanding anyting contained in this act, the managing body, may, from out of the funds specified in column 1 of the third schedule, transfer to the pakistan red cross society the amounts specified in that schedule as being the share of the pakistan red cross society which that society has agreed to receive for being applied to the purposes for which they were held by the society. 2 upon the transfer of such amounts to the pakistan red cross society under subsection 1, the society shall be freed and discharged from all obligations imposed upon it by or under this act as in force before the commencement of the indian red cross society amendment act, 22 of , or under any trust or other document in respect of anything to be done in pakistan or in any part thereof. 1. ins. by act 22 of , s. 8.

section 8. of the indian red cross society act : show related subordinates 11 if branch committees consisting of members of the society arc constituted in 2any of the states in india 3 specified in the second schedule, then, subject to the requirements of the managing body for the purposes of clause a of section 7 4and section 13 and any provision for expenses of management, the income of the property which has been vested in the society under clause b the section 6 shall be distributed annually among such branch committees in the proportion shown in the said schedule, to be expended by them and at their discretion upon all or any of the objects referred to in clause b of section 7. 52 the 6central government may, by notification in the gazette of india, direct that 7any part part of india 8specified in the first column of the second schedule shall be excluded therefrom or that 7any part of india 8 not specified therein shall be included therein and that the percentages specified in the 9second column of the said schedule shall be varied as required by any such exclusion or inclusion. 3 on the issue of a notification under subsection 2 the second schedule shall be deemed to be amended in accordance with such notification. 4 no notification under subsection 2 shall be made without the consent of every branch committee constituted in 10any state in india 11 for the time being included in the second schedule. 1. section 8 was renumbered as subsection 1 of that section by act 17 of , s. 2. 2. subs. by the a. o., as amended by the adaptation of laws third amendment order, , for any of the provinces, states and other parts of india and pakistan. 3. the words or in any part of pakistan omitted by act 22 of , s. 4. 4. ins. by s. 4, ibid. 5. subsections 2 to 4 added by act 17 of , s. 2. 6. subs. by the a. o. , for g. g. in c. 7. subs. by the a. o. as amended by the adaptation of laws third amendment order, , for any province, state or other part of india. 8. the words or pakistan omitted by act 22 of , s. 4. earlier it was inserted by the a.o. , 9. subs. by act 22 of , s. 4, for third column. 10. subs. by the a. o. , for the provinces, states and other part of india and pakistan. 11. the words or any part of pakistan omitted by act 22 of , s. 4.

section 9. of the indian red cross society act : the managing body may also affiliate to the society any other society or body 1whether constituted in india or in any other country having all or any of the objects and purposes referred to in section 7, and may provide for the allocation and distribution of funds, through such society or body, to or for any such objects or purposes. 1 ins. by s. 5, ibid.

section 10. of the indian red cross society act : the managing body shall have authority to determine in all cases what matters properly fall within the scope of clause b of section 7, and its decision in all such matters shall be binding on all branch committees and affiliated societies or bodies.

section 12. of the indian red cross society act : subject to the provisions of rules made under section 1and the powers of supervision exercisable by the managing body thereunder, each branch committee shall have all power 2 to receive gifts and expend all monies received by it for its purposes, either directly or through other societies or bodies. 1 ins. by s. 7, ibid.

section 11. of the indian red cross society act : the managing body may also receive and hold gifts of whatsoever description either for the general purposes of the society or for any particular purpose, and on receipt of such gifts may, subject to the provisions of rules made under section 5, apply the same to such purposes, either directly or through branch committees or societies or bodies affiliated under section 9.

section 8. of the probation of offenders act : 1 if, on the application of a probation officer, any court which passes an order under section 4 in respect of an offender is of opinion that in the interests of the offender and the public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending or diminishing the duration thereof so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof or by inserting additional conditions therein: provided that no such variation shall be made without giving the offender and the surety or sureties mentioned in the bond an opportunity of being heard. 2 if any surety refuses to consent to any variation proposed to be made under subsection 1, the court may require the offender to enter into a fresh bond and if the offender refuses or fails to do so, the court may sentence him for the offence of which he was found guilty. 3 notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him.

section 1. of the probation of offenders act : 1 this act may be called the probation of offenders act, . 2 it extends to the whole of india 1. 3 it shall come into force in a state on such date as the state government may, by notification in the official gazette, appoint, and different dates may be appointed for different parts of the state. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the probation of offenders act : in this act, unless the context otherwise requires, a code means the code of criminal procedure, 5 of b probation officer means an officer appointed to be a probation officer or recognised as such under section 13 c prescribed means prescribed by rules made under this act d words and expressions used but not defined in this act and defined in the code of criminal procedure, 5 of 1, shall have the meanings respectively assigned to them in that code. 1. now see code of criminal procedure, 2 of .

section 7. of the probation of offenders act : the report of a probation officer referred to in subsection 2 of section 4 or subsection 2 of section 6 shall be treated as confidential: provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report.

section 9. of the probation of offenders act : 1 if the court which passes an order under section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe, on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons. 2 the court before which an offender is so brought or appears may either remand him to custody until the case is concluded or it may grant him bail, with or without surety, to appear on the date which it may fix for hearing. 3 if the court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may forthwith a sentence him for the original offence or b where the failure is for the first time, then, without prejudice to the continuance in force of the bond, impose upon him a penalty not exceeding fifty rupees. 4 if a penalty imposed under clause b of subsection 3 is not paid within such period as the court may fix, the court may sentence the offender for the original offence.

section 5. of the probation of offenders act : 1 the court directing the release of an offender under section 3 or section 4, may, if it thinks fit, make at the same time a further order directing him to pay a such compensation as the court thinks reasonable for loss or injury caused to any person by the commission of the offence and b such costs of the proceedings as the court thinks reasonable. 2 the amount ordered to be paid under subsection 1 may be recovered as a fine in accordance with the provisions of sections 386 and 387 of the code. 3 a civil court trying any suit, arising out of the same matter for which the offender is prosecuted, shall take into account any amount paid or recovered as compensation under subsection 1 in awarding damages.

section 3. of the probation of offenders act : when any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the indian penal code, 45 of or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the indian penal code or any other law, and no previous conviction is proved against him and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence, and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4, release him after due admonition. explanation.for the purposes of this section, previous conviction against a person shall include any previous order made against him under this section or section 4.

section 4. of the probation of offenders act : 1 when any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. 2 before making any order under subsection 1, the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case. 3 when an order under subsection 1 is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender. 4 the court making a supervision order under subsection 3 shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender. 5 the court making a supervision order under subsection 3 shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned.

section 6. of the probation of offenders act : 1 when any person under twentyone years of age is found guilty of having committed an offence punishable with imprisonment but not with imprisonment for life, the court by which the person is found guilty shall not sentence him to imprisonment unless it is satisfied that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it would not be desirable to deal with him under section 3 or section 4, and if the court passes any sentence of imprisonment on the offender, it shall record its reasons for doing so. 2 for the purpose of satisfying itself whether it would not be desirable to deal under section 3 or section 4 with an offender referred to in subsection 1, the court shall call for a report from the probation officer and consider the report, if any, and any other information available to it relating to the character and physical and mental condition of the offender.

section 10. of the probation of offenders act : the provisions of sections 122, 126, 126a, 406a, 514, 514a, 514b and 515 of the code shall, so far as may be, apply in the case of bonds and sureties given under this act.

section 11. of the probation of offenders act : 1 notwithstanding anything contained in the code or any other law, an order under this act, may be made by any court empowered to try and sentence the offender to imprisonment and also by the high court or any other court when the case comes before it on appeal or in revision. 2 notwithstanding anything contained in the code, where an order under section 3 or section 4 is made by any court trying the offender other than a high court, an appeal shall lie to the court to which appeals ordinarily lie from the sentences of the former court. 3 in any case where any person under twentyone years of age is found guilty of having committed an offence and the court by which he is found guilty declines to deal with him under section 3 or section 4, and passes against him any sentence of imprisonment with or without fine from which no appeal lies or is preferred, then, notwithstanding anything contained in the code or any other law, the court to which appeals ordinarily lie from the sentences of the former court may, either of its own motion or on an application made to it by the convicted person or the probation officer, call for and examine the record of the case and pass such order thereon as it thinks fit. 4 when an order has been made under section 3 or section 4 in respect of an offender, the appellate court or the high court in the exercise of its power of revision may set aside such order and in lieu thereof pass sentence on such offender according to law: provided that the appellate court or the high court in revision shall not inflict a greater punishment than might have been inflicted by the court by which the offender was found guilty.

section 17. of the probation of offenders act : 1 the state government may, with the approval of the central government, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a appointment of probation officers, the terms and conditions of their service and the area within which they are to exercise jurisdiction b duties of probation officers under this act and the submission of reports by them c the conditions on which societies may be recognised for the purposes of clause b of subsection 1 of section 13 d the payment of remuneration and expenses to probation officers or of a subsidy to any society which provides probation officers and e any other matter which is to be, or may be, prescribed. 3 all rules made under this section shall be subject to the condition of previous publication and shall, as soon as may be after they are made, be laid before the state legislature.

section 12. of the probation of offenders act : notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: provided that nothing in this section shall apply to a person who, after his release under section 4 is subsequently sentenced for the original offence.

section 14. of the probation of offenders act : a probation officer shall, subject to such conditions and restrictions, as may be prescribed, a inquire, in accordance with any directions of a court, into the circumstances or home surroundings of any person accused of an offence with a view to assist the court in determining the most suitable method of dealing with him and submit reports to the court b supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment c advise and assist offenders in the payment of compensation or costs ordered by the court d advise and assist, in such cases and in such manner as may be prescribed, persons who have been released under section 4 and e perform such other duties as may be prescribed.

section 18. of the probation of offenders act : nothing in this act shall affect the provisions of section 31 of the reformatory schools act, 8 of , or subsection 2 of section 5 of the prevention of corruption act, 2 of , 1 or of any law in force in any state relating to juvenile offenders or borstal schools. 1 the words and figures or the suppression of immoral traffic in women and girls act, omitted by act 46 of , s. 20 w.e.f. .

section 13. of the probation of offenders act : 1 a probation officer under this act shall be a a person appointed to be a probation officer by the state government or recognised as such by the state government or b a person provided for this purpose by a society recognised in this behalf by the state government or c in any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case. 2 a court which passes an order under section 4 or the district magistrate of the district in which the offender for the time being resides may, at any time, appoint any probation officer in the place of the person named in the supervision order. explanation.for the purposes of this section, a presidency town shall be deemed to be a district and chief presidency magistrate shall be deemed to be the district magistrate of that district. 3 a probation officer, in the exercise of his duties under this act, shall be subject to the control of the district magistrate of the district in which the offender for the time being resides.

section 19. of the probation of offenders act : subject to the provisions of section 18 section 562 of the code shall cease to apply to the states or parts thereof in which this act is brought into force.

section 15. of the probation of offenders act : every probation officer and every other officer appointed in pursuance of this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 16. of the probation of offenders act : no suit or other legal proceeding shall lie against the state government or any probation officer or any other officer appointed under this act in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder.

section 8. of the registration act : 1 the 1 state government may also appoint officers to be called inspector of registration offices, and may prescribe the duties of such officers. 2 every such inspector shall be subordinate to the inspectorgeneral. state amendment orissa amendment of section 8.in section 8 of the registration act, 16 of hereinafter referred to as the principal act, a in subsection 1, for the words inspector of registration offices the words additional inspector general of registration, joint inspectorgeneral of registration and deputy inspectorgeneral of registration shall be substituted and b in subsection2, for the words inspector, the words additional inspectorgeneral, joint inspectorgeneral and deputy inspectorgeneral shall be substituted. vide orissa act 8 of , s. 2 1. subs. by the a.o. , for provincial government.

section 1. of the registration act : 1 this act may be called the 1 registration act, . 22 it extends to the whole of india 3: provided that the state government may exclude any districts or tracts of country from its operation. 3 it shall come into force on the first day of january, . state amendment karnataka amendment of section 1.for subsection 3 of section 1 of the registration karnataka amendment act, karnataka act 55 of the following subsection shall be and shall be deemed have been substituted, namely: 3 this section and sections 3, 13, 14, 16, 17 and 19 shall come into force at once and the other sections shall come into force on such date as the state government may, by notification, appoint and different sections areas. vide karnataka act 64 of , s. 2 1. the word indian omitted by act 45 of , s. 2. 2. subs. by act 3 of , s. 3 and the schedule, for subsection 2 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 3. of the registration act : 1 the 1state government shall appoint an officer to be the inspectorgeneral of registration for the territories subject to such government: provided that the 1state government may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the inspectorgeneral shall be exercised and performed by such officer or officers, and within such local limits, as the 1state government appoints in this behalf. 2 any inspectorgeneral may hold simultaneously any other office under the 2government. 1. subs. by the a.o. , for provincial government. 2. subs., ibid., for the crown.

section 7. of the registration act : 1 the 1state government shall establish in every district an office to be styled the office of the registrar and in every subdistrict an office or offices to be styled the office of the subregistrar or the offices of the joint subregistrars. 2 the 1state government may amalgamate with any office of a registrar, any office of a subregistrar subordinate to such registrar, and may authorise any subregistrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the registrar to whom he is subordinate: provided that no such authorisation shall enable a subregistrar to hear an appeal against an order passed by himself under this act. 1. subs. by the a.o. , for provincial government.

section 9.. of the registration act : military cantonments may be declared subdistricts or districts repealed. rep. by the repealing and amending act, 10 of , s. 3 and second schedule.

section 2. of the registration act : in this act, unless there is anything repugnant in the subject or context, 1 addition means the place of residence, and the profession, trade, rank and title if any of a person described, and in the case of 1an indian, 2 his fathers name, or where he is usually described as the son of his mother, then his mothers name 2 book includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book 3 district and subdistrict respectively mean a district and subdistrict formed under this act 4 district court includes the high court in its ordinary original civil jurisdiction 5 endorsement and endorsed include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this act 6 immovable property includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass 36a india means the territory of india excluding the state of jammu and kashmir 7 lease includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease 8 minor means a person who, according to the personal law to which he is subject, has not attained majority 9 movable property includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property and 10 representative includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot. 4 1. subs. by a.o. , for a native of india. 2. the words and brackets his cast if any and omitted by act 17 of , s. 2. 3. ins. by act 3 of , s. 3 and the schedule. 4. clause 11 omitted by act 3 of , s. 3 and schedule. earlier it was inserted by the a.o. .

section 4.. of the registration act : branch inspectorgeneral of sindh repealed.rep. by the government of india adaptation of indian laws order, .

section 10. of the registration act : 1 when any registrar, other than the registrar of a district including a presidencytown, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the inspectorgeneral appoints in this behalf, or, in default of such appointment, the judge of the district court within the local limits of whose jurisdiction the registrars office is situate, shall be the registrar during such absence or until the 1state government fills up the vacancy. 2 when the registrar of a district including a presidencytown is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the inspectorgeneral appoints in this behalf shall be the registrar during such absence, or until the 1state government fills up the vacancy. 1. subs. by the a.o. , for provincial government.

section 6. of the registration act : the 1state government may appoint such persons, whether public officers or not, as it thinks proper, to be registrars of the several districts, and to be subregistrars of the several subdistricts, formed as aforesaid, respectively. 2 state amendment karnataka amendment of section 6.in section 6 of the registration act, central act 16 of the following provisos inserted, namely: provided that the state government may also appoint one or more subregistrars for the same subdistrict: provided further that the state government may delegate to the inspectorgeneral of registration, the power of appointing subregistrars. vide karnataka act 32 of , s. 2 1. subs. by the a.o. , for provincial government. 2. the proviso rep. by the a.o. . earlier it was inserted by act 4 of , s. 2 and the schedule.

section 14. of the registration act : 2 2 the 1state government may allow proper establishments for the several offices under this act. 1. subs. by the a.o. , for provincial government 2. subsection 1 rep., ibid.,

section 5. of the registration act : 1 for the purposes of this act, the 1state government shall form districts and subdistricts, and shall prescribe, and may alter, the limits of such districts and subdistricts. 2 the districts and subdistricts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the 2official gazette. 3 every such alternation shall take effect on such day after the date of the notification as is therein mentioned 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette

section 11. of the registration act : when any registrar is absent from his office on duty in his district, he may appoint any subregistrar or other person in his district to perform, during such absence, all the duties of a registrar except those mentioned in sections 68 and 72.

section 12. of the registration act : when any subregistrar is absent, or when his office is temporarily vacant, any person whom the registrar of the district appoints in this behalf shall be subregistrar during such absence, or until 1the vacancy is filled up. state amendment karnataka amendment of section 12.in section 12, after the word whom the words the inspectorgeneral of registration or shall be inserted. vide karnataka act 32 of , s. 3 1. subs. by act 4 of , s. 2 and the schedule, for the local government fills up the vacancy.

section 16a. of the registration act : 16a. keeping of books in computer floppies, diskettes, etc. 1 notwithstanding anything contained in section 16, the books provided under subsection 1 of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the inspectorgeneral with the sanction of the state government. 2 notwithstanding anything contained in this act or in any other law for the time being in force, a copy or extracts from the books kept under subsection 1 given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of subsection 5 of that section. 1. ins. by act 48 of , s. 2 w.e.f.

section 13. of the registration act : 1 2 all appointments made under section 10, section 11 or section 12 shall be reported to the 1state government by the inspectorgeneral. 2 such report shall be either special or general, as the 1state government directs. 3 1. subs. by the a.o. , for provincial government 2. the words and figure all appointments made by the inspectorgeneral section 6 and rep. by the a.o. . earlier these words and figure were ins. by act 4 of , s. 2 and the schedule. 3. subsection 3 rep. by the a.o. .

section 18. of the registration act : any of the following documents may be registered under this act, namely: a instruments other than instruments of gift and wills which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less then one hundred rupees, to or in immovable property b instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest c leases of immovable property for any term not exceeding one year, and leases exempted under section 17 1cc instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property d instruments other than wills which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property e wills and f all other documents not required by section 17 to be registered. state amendment himachal pradesh 3. insertion of new section 18a. in the indian registration act, 16 of hereinafter referred to as the principal act, after section 18, the following section shall be inserted, namely 18a. documents for registration to be accompanied by a true copy. notwithstanding anything contained in this act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof. vide himachal pradesh act 2 of , s. 3 tripura insertion of new section 18a.in the registration act, hereinafter referred to as the principal act, after section 18, the following section shall be inserted, namely: 18a. document for registration to be accompanied by a true copy.1notwithstanding anything contained in the act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof. 2 the true copy referred to in subsection 1 shall be neatly handwritten or printed or typewritten or lithographed or otherwise prepared in such manner as may be prescribed. vide tripura act 7 of , s. 2 1. ins. by act 33 of , s. 2.

section 15. of the registration act : the several registrars and subregistrars shall use a seal bearing the following inscription in english and in such other language as the 1state government directs:the seal of the registrar or of the subregistrar of. 1. subs. by the a.o. , for provincial government.

section 21. of the registration act : 1 no nontestamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. 2 houses in towns shall be described as situate on the north or other side of the street or road which should be specified to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered. 3 other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a government map or survey. 4 no nontestamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts. state amendment assam insertion of new section 21a. in the principal act, after the existing section 21, the following new section 21a shall be inserted, namely: 21a. no registration of nontestamentary instruments without no objection certificate. notwithstanding anything contained in any other provision of this act, no nontestamentary instrument relating to immovable property shall be accepted for registration, unless the deputy commissioner of the concerned district issues a no objection certificate containing the description of such immovable property to be transferred and also such other no objection certificates, which are required to be issued by the deputy commissioner or any other authority under any law for the time being in force or under any executive instruction, order, etc., issued by the state government from timetotime: provided that all such no objection certificates shall be issued within a period of thirty days from the date of the receipt of application and in case no objection certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period. vide assam act 29 of , s. 2

section 16. of the registration act : 1 the 1state government shall provide for the office of every registering officer the books necessary for the purposes of this act. 2 the books so provided shall contain the forms from time to time prescribed by the inspectorgeneral, with the sanction of the 1state government, and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued. 3 the 1state government shall supply the office of every registrar with a fireproof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district. 1. subs. by the a.o. , for provincial government.

section 17. of the registration act : 1 the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of , or the indian registration act, , or the indian registration act, , or the indian registration act, , or this act came or comes into force, namely: a instruments of gift of immovable property b other nontestamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property c nontestamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest and d leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent 1e nontestamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property: provided that the 2state government may, by order published in the 3official gazette, exempt from the operation of this subsection any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. 41a the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 4 of shall be registered if they have been executed on or after the commencement of the registration and other related laws amendment act, 48 of and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53a. 2 nothing in clauses b and c of subsection 1 applies to i any composition deed or ii any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property or iii any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures or iv any endorsement upon or transfer of any debenture issued by any such company or v 5any document other than the documents specified in subsection 1a not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest or vi any decree or order of a court 6except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subjectmatter of the suit or proceeding or vii any grant of immovable property by 7government or viii any instrument of partition made by a revenueofficer or ix any order granting a loan or instrument of collateral security granted under the land improvement act, , or the land improvement loans act, or x any order granting a loan under the agriculturists, loans act, , or instrument for securing the repayment of a loan made under that act or 8xa any order made under the charitable endowments act, 6 of , vesting any property in a treasurer of charitable endowments or divesting any such treasurer of any property or xi any endorsement on a mortgagedeed acknowledging the payment of the whole or any part of the mortgagemoney, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage or xii any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenueofficer. 9explanation.a document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money. 3 authorities to adopt a son, executed after the 1st day of january, , and not conferred by a will, shall also be registered. state amendments kerala amendment of section 17. in section 17 of the registration act, central act 16 of hereinafter referred to as the principal act, i in subsection 1, after clause e, the following clauses shall be inserted, namely: f instruments purporting or operating to effect a contract for the sale of immovable property of the value of one hundred rupees and upwards g power of attorney creating any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, soninlaw or daughterinlaw of the executant. ii in subsection 2, the explanation shall be omitted. vide kerala act 31 of , s. 2 kerala amendment of section 17.in subsection 2 of section 17 of the indian registration act, central act 16 of hereinafter referred to as the principal act, clause ix and x shall be omitted. vide kerala act 7 of , s. 2 orissa amendment of section 17. in section 17 of the principal act, in subsection 1, after clause e, the following clauses shall be inserted before the proviso, namely: f agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser g power ofattorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder. vide orissa act 8 of , s. 3 rajasthan amendment of section 17, central act xvi of .in subsection 2 of section 17 of the registration act, central act xvi of , in its application to the state of rajasthan, hereinafter referred to as the principal act a for the fullstop at the end of clause xii a comma and the word ,or shall be substituted and b after clause xii as so amended, the following clause shall be added. namely : xiii any instrument referred to in subsection 5 of section 89. vide rajasthan act 16 of , s. 2 amendment of section 17, central act 16 of .in section 17 of the registration act, central act 16 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, a in subsection 1, after clause e, and before the proviso, the following clauses shall be added, namely: f agreement to sell immovable property possession where of has been or is handed over to the purported purchaser g irrevocable power of attorney relating to transfer of immovable property in any wayand b in subsection 2, the existing explanation shall be omitted. vide rajasthan act 18 of , s. 2 gujarat amendment of section 17 of xvi of .in the registration act, , in its application to the state of gujarat hereinafter referred to as the principal act, in section 17, i in subsection 1, a for clause f, the following clause shall be substituted, namely: f power of attorney intending to administer, manage and/or alienate immovable property in any manner, executed on or after the commencement of the registration gujarat amendment act, guj.16 of : b after clause j, the following clause shall be added, namely: k sale certificate issued by any competent officer or authority under any central act or state act for the time being in force. ii in subsection 2, clause xii shall be deleted. vide gujarat act 4 of , s. 2 1. ins. by act 21 of , s. 10. 2. subs. by the a.o. , for provincial government. 3. subs. by the a.o. , for local official gazette. 4. ins. by act 48 of , s. 3 w.e.f. . 5. subs. by act 48 of , s. 3, for any document w.e.f. . 6. subs. by act 21 of , s. 10, for and any award. 7. subs. by the a.o. , for crown. 8. ins. by act 39 of , s. 2. 9. ins by act 2 of , s. 2.

section 23a. of the registration act : 123a. reregistration of certain documents.notwithstanding anything to the contrary contained in this act, if in any case a document requiring registration has been accepted for registration by a registrar or subregistrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of part vi for reregistration in the office of the registrar of the district in which the document was originally registered and upon the registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the reregistration of the document as if it has not been previously registered, and as if such presentation for reregistration was a presentation for registration made within the time allowed therefore under part iv, and all the provisions of this act, as to registration of documents, shall apply to such reregistration and such document, if duly reregistered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration: provided that, within three months from the twelfth day of september, , any person claiming under a document to which this section applies may present the same or cause the same to be presented for reregistration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid. 1. ins. by act 15 of , s. 2.

section 19. of the registration act : if any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy. state amendment karnataka insertion of new section 19a.after section 19 of the registration act, central act 16 of hereinafter referred to as the principal act, the following section shall be inserted namely: 19a. documents presented for registration to be accompanied by true copies thereof.1 no document shall be accepted for registration unless it is accompanied by a true copy thereof. 2 the true copy referred to in subsection 1 shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules may be made in this matter. vide karnataka act 55 of , s. 4 tripura amendment of section 19.in section 19 of the principal act, for the words a true translation the words two copies of the true translation shall be substituted. vide tripura act 7 of , s. 3 state amendment kerala amendment of section 19.in section 19 of the principal act, the words and also by a true copy shall be omitted. vide kerala act 7 of , s. 3 insertion of new section 19a.after section 19 of the principal act, the following section shall be inserted, namely: 19a. documents presented for registration to be accompanied by true copies thereof.1 no documents shall be accepted for registration unless it is accompanied by a true copy thereof. 2 the true copy referred to in subsection 1 shall be neatly handwritten, printed, typewritten, lithographed or otherwise, prepared in accordance with such rules as may be made in this behalf. vide kerala act 7 of , s. 4 state amendment himachal pradesh 4. amendment of section 19. in section 19 of the principal act, for the words a true translation, the words two copies of the true translation shall be substituted. vide himachal pradesh act 2 of , s. 4 orissa amendment of section 19. in the registration act, 16 of hereinafter referred to as the principal act, in section 19, the words and also by a true copy shall be omitted. vide orissa act 14 of , s. 2 insertion of new section 19a.in the principal act, after section 19, the following section shall be inserted, namely: 19a. documents presented for registration on to accompany true copies thereof.1 no document shall be accepted for registration, unless it is accompanied by a true copy thereof. 2 the true copy referred to in subsection 1 shall be legibly handwritten, printed, typewritten, lithographed, cyclostyled or otherwise prepared only on one side of the paper and in accordance with such rules as may be made in this behalf by the state government and shall contain a declaration in the prescribed manner that the same is true copy of the document and its translation, if any.. vide orissa act 14 of , s. 3 orissa amendment of section 19a.in subsection 2, for the words otherwise prepared, the words otherwise legibly prepared shall be substituted. vide orissa act 8 of , s. 4

section 25. of the registration act : 1 if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 1india is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registrationfee, such document shall be accepted for registration. 2 any application for such direction may be lodged with a subregistrar, who shall forthwith forward it to the registrar to whom he is subordinate. state amendment rajasthan amendment of section 25, central act 16 of . in section 25 of the principal act, a in subsection 1, for the word registrar the words registering officer, for the words direct that, the words register the document and for the expression ,such document shall be accepted for registration, the words on such document shall be substituted and b subsection 2 shall be omitted. vide rajasthan act 18 of , s. 3 1. subs. by act 3 of , s. 3 and the schedule, for the state.

section 20. of the registration act : 1 the registering officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration. 2 if the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

section 22. of the registration act : 1 where it is, in the opinion of the 1state government, practicable to describe houses, not being houses in towns, and lands by reference to a government map or survey, the 1state government may, by rule made under this act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described. 2 save as otherwise provided by any rule made under subsection 1, failure to comply with the provisions of section 21, subsection 2 or subsection 3, shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property. state amendment karnataka insertion of new section 22a.after section 22 of the principal act, the following section shall be inserted namely: 22a. documents registration of which is opposed to public policy.1 the state government may, by notification, in the official gazette, declare that the registration of any document or class of documents is opposed to public policy. 2 notwithstanding anything contained in this act, the registering officer shall refuse to register any document to which a notification issued under subsection 1 is applicable. vide karnataka act 55 of , s. 5 orissa insertion of new section 22a. after section 22 of the principal act, the following section shall be inserted, namely: 22a. document of section 17.1 the state government may, by notification, declare that the registration of any document or class of documents is opposed to public policy. 2 notwithstanding anything contained in this act, the registering officer shall refuse to register a document to which a notification issued under subsection 1 is applicable. vide orissa act 8 of , s. 5 orissa amendment of section 22a. in the registration act, 16 of , for section 22a, the following section shall be substituted, namely: 22a. refusal to register certain documents.1 the registering officer shall refuse to register, a any instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease, i belonging to the state government , or the local authority ii belonging to any religious institution to which the odisha hindu religious endowment act, odisha act 2 of is applicable. iii belonging to or recorded in the name of lord jagannath, puri iv donated for bhoodan yagna and vested in the odisha bhoodan yagna samiti established under section 3 of the odisha bhoodan and gramdan act, odisha act 2 of v belonging to wakfs which are under the supervision of odisha wakf board established under the wakf act, 43 of unless a sanction in this regard, issued by the competent authority as provided under the relevant act or in absence of any such authority, and authority so authorized by the state government for this purpose, is produced before the registering officer explanation.for the purpose of this section local authority means any municipal corporation, municipality, notified area council, zilla parisad, grama panchayat, urban development authority and planning authority or any local self government constituted under any law for the time being in force. bthe instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed and c any instrument relating to transfer of immovable property, the alienation or transfer of which is prohibited under any state or the central act. 2 notwithstanding anything contained in this act, the registering officer shall not register any document presented to him for registration unless the transferor produce the record of rights for the satisfaction of the registering officer that such transferor has right, title and interest over the property so transferred. explanation.for the purpose of this subsection recordofrights means the record of rights as defined under the odisha survey and settlement act, odisha act 3 of . vide orissa act 1 of , s. 2 rajasthan insertion of section 22a in central act xvi of . after section 22 of the principal act, the following section shall be inserted, namely: 22a. documents registration of which is opposed to public policy.1 the state government may, by notification in the official gazette, declare that the registration of any document or class of documents is opposed to public policy. 2 notwithstanding anything contained in this act, the registering officer shall refuse to register a document to which a notification issued under subsection 1 is applicable. vide rajasthan act 16 of , s. 3 1. subs. by the a.o. , for provincial government.

section 23. of the registration act : subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution: provided that a copy a of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.

section 27. of the registration act : a will may at any time be presented for registration or deposited in manner hereinafter provided.

section 24. of the registration act : where there are several persons executing a document at different times, such document may be presented for registration and reregistration within four months from the date of each execution.

section 26. of the registration act : when a document purporting to have been executed by all or any of the parties out of 1india is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied a that the instrument was so executed, and b that it has been presented for registration within four months after its arrival in 1india, may, on payment of the proper registrationfee accept such document for registration. 1. subs. by act 3 of , s. 3 and the schedule, for the state.

section 28. of the registration act : save as in this part otherwise provided, every document mentioned in section 17, subsection 1, clauses a, b, c 1 , d and e, section 17, subsection 2, insofar as such document affects immovable property,and section 18, clauses a, b 2c and cc, shall be presented for registration in the office of a subregistrar within whose subdistrict the whole or some portion of the property to which such document relates is situate. state amendment orissa amendment of section 28.in section 28 of the principal act, i for the word, brackets and letter and e , the commas, brackets, letters and word, e, f and g shall be substituted and ii the words or some portion shall be omitted. vide orissa act 8 of , s. 6 rajasthan amendment of section 30, central act 16 of .in section 30 of the principal act, the brackets and figure l and subsection 2 shall be omitted. vide rajasthan act 18 of , s. 4 1. subs. by act 33 of , s. 3, for and d. 2. subs. by act 33 of , s. 3, for and c

section 29. of the registration act : 1 every document 1not being a document referred to in section 28 or a copy of a decree or order, may be presented for registration either in the office of the subregistrar in whose subdistrict the document was executed, or in the office of any other subregistrar under the 2state government at which all the persons executing and claiming under the document desire the same to be registered. 2 a copy of a decree or order may be presented for registration in the office of the subregistrar in whose subdistrict the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any the subregistrar under the 1state government at which all the persons claiming under the decree or order desire the copy to be registered. 1. subs. by act 32 of , s. 3 and the first schedule, for certain words. 2. subs. by the a.o. , for provincial government.

section 34. of the registration act : 1 subject to the provisions contained in this part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this act, unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:c provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. 2 appearances under subsection 1 may be simultaneous or at different times. 3 the registering officer shall thereupon a enquire whether or not such document was executed by the persons by whom it purports to have been executed b satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document and c in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. 4 any application for a direction under the proviso to subsection 1 may be lodged with a subregistrar, who shall forthwith forward it to the registrar to whom he is subordinate. 5 nothing in this section applies to copies of decrees or orders. state amenedment gujarat amendment of section 34 of xvi of .in the principal act, in section 34, i after subsection 1, the following subsection shall be inserted, namely: 1a the registering officer may refuse to accept the nontestamentary documents relating to immovable property mentioned in subsection 1 of section 17, if they are not accompanied by the a proofs of identify of executing and claiming parties and witnesses b proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is so be registered c sign or thumb impression/finger print if the person is unable to sign of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration d proof that the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the principal. ii the following explanation shall be added at the end, namely: explanation.for the purpose of this section the term document shall include the document presented by an electronic means.. vide gujarat act 4 of , s. 4

section 30. of the registration act : 1 any registrar may in his discretion receive and register any document which might be registered by any subregistrar subordinate to him. 1 state amendment karnataka amendment of section 30.in section 30 of the registration act, central amendment 16 of hereinafter referred to as the principal act, the brackets and figure 1 and subsection 2 shall be omitted. vide karnataka act 24 of , s. 2 orissa amendment of section 30.in the registration act, 16 of hereinafter referred to as the principal act, in section 30, subsection 2 shall be omitted. vide orissa act 19 of , s. 2 haryana amendment of section 30 of central act 16 of .subsection 2 of section 30 of the registration act, hereinafter referred to as the principal act, shall be omitted. vide haryana act 4 of , s. 2 1. subsection 2 omitted by act 48 of , s. 4 w.e.f. .

section 31. of the registration act : in ordinary cases the registration or deposit of documents under this act shall be made only at the office of the officer authorised to accept the same for registration or deposit: provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

section 35. of the registration act : 1 a if all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or b if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or c if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61 inclusive. 2 the registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this act, examine any one present in his office. 3 a if any person by whom the document purports to be executed denies its execution, or b if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or c if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead: provided that, where such officer is a registrar, he shall follow the procedure prescribed in part xii: 1provided further that the 2 state government may, by notification in the 3 official gazette, declare that any subregistrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a registrar for the purposes of this subsection and of part xii. state amenedment gujarat amendment of section 35 of xvi of .l in the principal act, in section 35,the following explanation shall be added at the end, namely: explanation. for the purpose of this section the term document shall include the document presented by an electronic means.. vide gujarat act 4 of , s. 5 1. ins. by act 13 of , s. 2. 2. subs. by the a.o. , for provincial government. 3. subs. by the a.o. , for local official gazette.

section 32. of the registration act : except in the cases mentioned in 1sections 31, 88 and 89, every document to be registered under this act, whether such registration be compulsory or optional, shall be presented at the proper registrationoffice, a by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or b by the representive or assign of such a person, or c by the agent of such a person, representative or assign, duly authorised by powerof attorney executed and authenticated in manner hereinafter mentioned. gujarat amendment of section 32 of xvi of .in the principal act, in section 32, the following explanation shall be added at the end, namely: explanation.for the purpose of this section the term document shall include the document presented by an electronic means. vide gujarat act 4 of , s. 3 1. subs. by act 39 of , s. 3, for section 31 and section 89.

section 32a. of the registration act : 132a. compulsory affixing of photograph, etc.every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document. state amendment uttarakhand amendment of section 32a.in section 32a of the principal act, 1 in subsection 1 i the words, in such areas as may be notified by the state government, shall be omitted ii the word photostat wherever occurring including heading, shall be omitted 2 in subsection 2 i for the words photostat copy the words true copy shall be substituted ii for clauses b and c, the following clause shall be inserted, namely: b be compared and verified by such official as may be directed by the registering officer. 3 subsection 3 shall be omitted. vide uttarakhand act 24 of , s.7 repealed at section 32b.section 32b of the principal act shall be repealed. vide uttarkhand act 24 of , s. 8 1. ins. by act 48 of , s. 5 w.e.f. .

section 33. of the registration act : 1 for the purposes of section 32, the following powersofattorney shall alone be recognized, namely: a if the principal at the time of executing the powerofattorney resides in any part of 1 india in which this act is for the time being in force, a powerofattorney executed before and authenticated by the registrar or subregistrar within whose district or subdistrict the principal resides b if the principal at the time aforesaid 2resides in any part of india in which this act is not in force, a powerofattorney executed before and authenticated by any magistrate c if the principal at the time aforesaid does not reside in 1india, a powerofattorney executed before and authenticated by a notary public, or any court, judge, magistrate, 3indian consul or viceconsul, or representative 4of the central government: provided that the following persons shall not be required to attend at any registrationoffice or court for the purpose of executing any such powerofattorney as is mentioned in clauses a and b of this section, namely: i persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend ii persons who are in jail under civil or criminal process and iii persons exempt by law from personal appearance in court. 5explanation.in this subsection india means india, as defined in clause 28 of section 3 of the general clauses act, 10 of . 2 in the case of every such person the registrar or subregistrar or magistrate, as the case may be, if satisfied that the powerofattorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or court aforesaid. 3 to obtain evidence as to the voluntary nature of the execution, the registrar or subregistrar or magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination. 4 any powerofattorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or court hereinbefore mentioned in that behalf. 1. subs. by act 3 of , s. 3 and the schedule, for the state. 2. subs. by act 3 of , s. 3, and the schedule, for resides in any other part of the states. 3. subs. by the a.o. , for british. 4. the words of his majesty or omitted, ibid. 5. ins. by act 3 of , s. 3 and the schedule.

section 36. of the registration act : if any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or court as the 1state government directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein. 1. subs. by the a.o. , for provincial government.

section 43. of the registration act : 1 on receiving such cover, the registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his registerbook no. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover. 2 the registrar shall then place and retain the sealed cover in his fireproof box.

section 37. of the registration act : the officer or court, upon receipt of the peons fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required.

section 38. of the registration act : 1 a a person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registrationoffice, or b a person in jail under civil or criminal process, or c person exempt by law from personal appearance in court, and who would but for the provisions next hereinafter contained be required to appear in person at the registrationoffice, shall not be required so to appear. 2 in the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.

section 39. of the registration act : the law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before civil courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this act.

section 40. of the registration act : 1 the testator, or after his death any person claiming as executor or otherwise under a will, may present it to any registrar or subregistrar for registration. 2 the donor, or after his death the done, of any authority to adopt, or the adoptive son, may present it to any registrar or subregistrar for registration.

section 41. of the registration act : 1 a will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document. 2 a will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied a that the will or authority was executed by the testator or donor, as the case may be b that the testator or donor is dead and c that the person presenting the will or authority is, under section 40, entitled to present the same.

section 42. of the registration act : any testator may, either personally or by duly authorised agent, deposit with any registrar his will in a sealed cover super scribed with the name of the testator and that of his agent if any and with a statement of the nature of the document.

section 44. of the registration act : if the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to the registrar who holds it in deposit, and such registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.

section 45. of the registration act : 1 if, on the death of a testator who has deposited a sealed cover under section 42, application be made to the registrar who holds it in deposit to open the same, and if the registrar is satisfied that the testator is dead, he shall, in the applicants presence, open the cover, and, at the applicants expense, cause the contents thereof to be copied into his book no. 3. 2 when such copy has been made, the registrar shall redeposit the original will. state amendments karnataka amendment of section 45.in section 45 of the principal act, a in subsection 1, for the words, letters and figure cause the contents thereof to be copied into his book no. 3, the words, letters and figure cause a true copy of the contents thereof to be made and filled in his book no. 3 shall be substituted b in subsection 2 for the words copy has been made, the words true copy has been filed shall be substituted. vide karnataka act 55 of , s. 6 tripura amendment of section 45.in section 45 of the principal act, a in subsection 1, for the words and figure cause the contents thereof to be copied into his book no. 3, the words and figure cause a true copy of the contents thereof to be made and pasted in his book no. 3 shall be substituted and b in subsection 2, for the words copy has been made, the words true copy has been pasted shall be substituted. vide tripura act 7 of , s. 4 kerala amendment of section 45.in section 45 of the principal act, a in subsection 1, for the words, letters and figure cause the contents thereof to be copied into his book no. 3, the words, letters and figures cause a true copy of the contents thereof to be made and filed in his book no. 3 shall be substituted. b in subsection 2, for the words copy has been made, the words true copy has been filed shall be substituted. vide kerala act 7 of , s. 5 orissa amendment of section 45.in the principal act, in section 45, a in subsection 1, for the words letters and figure cause the contents thereof to be copied into his book no. 3, the words, letters and figure cause a true copy of the contents there of to be made and filed in his book no.3 shall be substituted and b in subsection 2, for the words, copy has been made, the words true copy has been filed shall be substituted. vide orissa act 14 of , s. 4

section 51. of the registration act : 1 the following books shall be kept in the several offices hereinafter named, namely: ain all registration offices. book 1, register of nontestamentary documents relating to immovable property. book 2, record of reasons for refusal to register. book 3, register of wills and authorities to adopt, and book 4, miscellaneous register. bin the offices of registrars book 5, register of deposits of wills. 2 in book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills. 3 in book 4 shall be entered all documents registered under clauses d and f of section 18 which do not relate to immovable property. 4 nothing in this section shall be deemed to require more than one set of books where the office of the registrar has been amalgamated with the office of a subregistrar. state amendments karnataka amendment of section 51.in section 51 of the principal act, for clause c of subsection 1, the following clause shall be substituted, namely: a for subsection 2, the following subsection shall be substituted, namely: 2 in book no.1 shall be filed, i true copies of all documents and ii all memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills. b in subsection 3, for the words entered all documents, the words filed true copies of all documents shall be substituted c after subsection 4, the following subsection shall be inserted, namely: 5 if, in the opinion of the registrar, any of the books mentioned in subsection 1 is in danger of being destroyed, or becoming illegible wholly or partially, the registrar may, by a written order, direct such book or such portion thereof as he thinks fit, to be recopied and authenticated in such manner as may be prescribed under section 69, and the copy prepared and authenticated under such direction shall for the purposes of this act, be deemed to have taken the place of and to be the original book or portion and all references in this act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated. vide karnataka act 55 of , s. 8 tripura amendment of section 51.in section 51 of the principal act, a for subsection 2, the following subsection shall be substituted, namely: 2 in book i shall be i pasted true copied of all documents and ii filed all memoranda registered under section 17, 18 and 89 which relate to immovable property, and are not wills and b in subsection 3, for the word entered, the words pasted true copies of shall be substituted. vide tripura act 7 of , s. 6 kerala amendment of section 51.in section 51 of the principal act, a for subsection 2 the following subsection shall be substituted, namely: 2 in book i shall be filed i true copies of all documents and ii all memoranda, registered under sections 17, 18 and 89 which related to immovable property, and are not wills. b in subsection 3, for the words entered all documents, the words filed true copies of all documents shall be substituted. vide kerala act 7 of , s. 7 orissa amendment of section 51.in the principal act, in section 51, a for subsection 2, the following subsection shall be substituted , namely: 2 in book i shall be filed, i true copies of all documents and ii all memoranda registered under sections 17, 18 and 89 which relate to immovable property and are not wills. b in subsection 3, for the entered all documents, the words filed true copies of all documents, shall be substituted c after subsection 4, the following subsection shall be inserted, namely: 5 if in the opinion of the register any of the books mentioned in subsection 1 is in danger of being destroyed or becoming illegible wholly or partly, the registrar may, by written be recopied and authenticated in such manner as may be prescribed under section 69 and the copy so prepared and authenticated under such direction shall, for the purpose of this act and of the evidence act, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, and all references in this act to the original book or portion shall be deemed to be reference to the book or portion so prepared and authenticated. 6 notwithstanding anything contained in this act, copies of any of the books mentioned in subsection 1 or any portion of such books prepared and authenticated before the commencement of the registration orissa amendment act, in pursuance of an order of the registrar or the inspectorgeneral of registration, shall, for the purposes of this act, and of the evidence act, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, and all references in this act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated. vide orissa act 14 of , s. 6

section 46. of the registration act : 1 nothing hereinbefore contained shall affect the provisions of section 259 of the indian succession act, , or of section 81 of the probate and administration act, , or the power of any court by order to compel the production of any will. 2 when any such order is made, the registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his book no. 3 and make a note on such copy that the original has been removed into court in pursuance of the order aforesaid. state amendments karnataka amendment of section 46.in subsection 2 of section 46 of the principal act a for the words unless the will has been already copied, the words unless a true copy of the will has already been filled shall be substituted b for the words, letters and figure cause the will to be copied into his book no.3, the words, letters and figure cause a true copy of the will to be made and filed in his book no. 3 shall be substituted. vide karnataka act 55 of , s. 7 tripura amendment of section 46.in section 2 of section 46 of the principal act, a for the words unless the will has been already copied, the words unless a true copy of the will has been already pasted shall be substituted and b for the words and figure cause the will to be copied into his book no.3, the words and figure cause a true copy of the will to be made and pasted in his book no. 3 shall be substituted. vide tripura act 7 of , s. 5 kerala amendment of section 46.in subsection 2 of section 46 of the principal act, a for the words unless the will has been already copied, the words unless a true copy of the will has already been filed shall be substituted. b for the words, letters and figure cause the will to be copied into his book no. 3, the words, letters and figure cause a true copy of the will to be made and filed in his book no. 3 shall be substituted. vide kerala act 7 of , s. 6 orissa amendment of section 46. in the principal act, in subsection 2 of section 46, a for the words unless the will has been already copied, the words unless a true copy of the will has already been filed shall be substituted and b for the words, letters and figure cause the will to be copied in his book no.3, the words, letters and figure cause a true copy of the will to be made and filed in his book no.3 shall be substituted. vide orissa act 14 of , s. 5

section 47. of the registration act : a registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

section 48. of the registration act : all nontestamentary documents duly registered under this act, and relating to any property, whether movable or immovable, shall take effect against any order agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession 1and the same constitutes a valid transfer under any law for the time being in force: provided that a mortgage as defined in section 58 of the transfer of property act, 4 of , shall take effect against any mortgagedeed subsequently executed and registered which relates to the same property. 1. ins. by act 21 of , s. 10.

section 49. of the registration act : no document required by section 17 1or by any provision of the transfer of property act, 4 of , to be registered shall a affect any immovable property comprised therein, or b confer any power to adopt, or c be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 1provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 4 of , to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 3 of 2 ,3 or as evidence of any collateral transaction not required to be effected by registered instrument. 1. ins. by act 21 of , s. 10. 2. see now the specific relief act, 47 of . 3. the words, figures and letter or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property act, 4 of omitted by act 48 of , s. 6 w.e.f. .

section 50. of the registration act : 1 every document of the kinds mentioned in clauses a, b, c and d of section 17, subsection 1, and clauses a and b of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not. 2 nothing in subsection 1 applies to leases exempted under the proviso to subsection 1 of section 17 or to any document mentioned in subsection 2 of the same section, or to any registered document which had not priority under the law in force at the commencement of this act. explanation.in cases, where act no. 16 of or the indian registration act, 20 of , was in force in the place and at the time in and at which such unregistered document was executed, unregistered means not registered according to such act, and, where the document is executed after the first day of july, , not registered under the indian registration act, 8 of , or the indian registration act, 3 of , or this act.

section 52. of the registration act : 1 a the day, hour and place of presentation, 1the photographs and finger prints affixed under section 32a, and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it b a receipt for such document shall be given by the registering officer to the person presenting the same and c subject to the, provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefore according to the order of its admission. 2 all such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the inspectorgeneral. state amendments karnataka amendment of section 52.in section 52 of the principal act, for clause c of subsection 1, the following clause shall be substituted, namely: c subject to the provisions contained in section 62 where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission. vide karnataka act 55 of , s. 9 tripura amendment of section 52in section 52 of the principal act, for clause c of subsection 1, the following clause shall be substituted namely: c subject to the provisions contained in section 62 the true copy, referred to in section 18a of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefore according to the order of its admission. vide tripura act 7 of , s.7 kerala amendment of section 52.in section 52 of the principal act, for clause c of subsection 1, the following clause shall be substituted. c subject to the provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission. vide kerala act 7 of , s. 8 state amendment himachal pradesh 5. amendment of section 52. in section 52 of the principal act, for clause c of subsection 1, the following clause shall be substituted, namely: c subject to the provisions contained in section 62, a copy of every document admitted to registration shall, without unnecessary delay be pasted in the book appropriated therefore according to the order of admission of the document. vide himachal pradesh act 2 of , s. 5 orissa amendment of section 52. in the principal act, in section 52, for clause c of subsection 1, the following clause shall be substituted, namely: c subject to the provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to its order of admission.. vide orissa act 14 of , s. 7 1. ins. by act 48 of , s. 7 w.e.f. .

section 58. of the registration act : 1 on every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely: a the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent b the signature and addition of every person examined in reference to such document under any of the provisions of this act and c any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. 2 if any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

section 53. of the registration act : all entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.

section 54. of the registration act : in every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates. state amendments karnataka amendment of section 54.in section 54 of the principal act, for the words copied, or filed memorandum of, the words filed a true copy or memorandum or shall be substituted. vide karnataka act 55 of , s. 10 tripura amendment of section 54.in section 54 of the principal act, for the words and mark copied, or filed a memorandum of the words pasted a true copy or filed a memorandum of shall be substituted. vide tripura act 7 of , s. 8 kerala amendment of section 54.in section 54 of the principal act for the words copied, or filed a memorandum of, the words filed a true copy or memorandum of shall be substituted. vide kerala act 7 of , s. 9 orissa amendment of section 54. in the principal act, in section 54, for the words copied or filed, the words filed a true copy or shall be substituted. vide orissa act 14 of , s. 8

section 55. of the registration act : 1 four such indexes shall be made in all registration offices, and shall be named, respectively, index no. i, index no. ii, index no. ill and index no. iv. 2 index no. i shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in book no. 1. 3 index no. ii shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the inspectorgeneral from time to time directs in that behalf. 4 index no. iii shall contain the names and additions of all persons executing every will and authority entered in book no. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor but not before the names and additions of all persons claiming under the same. 5 index no. iv shall contain the names and additions of all persons executing and of all persons claiming under every document entered in book no. 4. 6 each index shall contain such other particulars, and shall be prepared in such form, as the inspectorgeneral from time to time directs. state amendments karnataka amendment of section 55.in section 55 of the principal act, a in subsection 2, for the words documents entered or memorandum filed, the words documents of which a true copy or memorandum is filed shall be substituted b in subsection 4, for the words authority entered, the words authority of which a true copy is filed shall be substituted c in subsection 5, for the words document entered, the words documents of which a true copy is filed shall be substituted. vide karnataka act 55 of , s. 11 tripura amendment of section 55.in section 55 of the principal act a in subsection 2, for the word entered substitute the words of which a true copy pasted b in subsection 4, for the words and figure every will and authority entered in book no. 3 substitute the words and figure every will and authority of which a true copy is pasted in book no. 3 c in subsection 5, for the word entered substitute the words of which a true copy is pasted shall be substituted. vide tripura act 7 of , s. 9 kerala amendment of section 55.in section 55 of the principal act, a in subsection 2, for the words document entered or memorandum filed, the words document of which a true copy, or memorandum, is filed shall be substituted. b in subsection 4, for the words authority entered, the words authority of which a true copy is filed shall be substituted. c in subsection 5, for the words document entered, the words document of which a true copy is filed shall be substituted. vide kerala act 7 of , s. 10 state amendment orissa amendment of section 55. in the principal act, in section 55, a in subsection 2, for the words document entered or memorandum filed, the words document of which a true copy or a memorandum is filed shall be substituted b in subsection 4, for the words authority entered, the words authority of which a true copy is filed shall be substituted and c in subsection 5, for the words document entered, the words document of which a true copy is filed shall be substituted. vide orissa act 14 of , s. 9

section 56.. of the registration act : copy of entries in indexes nos. i, ii and iii to be sent by subregistrar to registrar and filed repealed rep. by the indian registration amendment act, 15 of , s. 2.

section 59. of the registration act : the registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day.

section 57. of the registration act : 1 subject to the previous payment of the fees payable in that behalf, the books nos. 1 and 2 and the indexes relating to book no. 1 shall be at all time open to inspection by any person applying to inspect the same and, subject to the provisions of section 62, copies or entries in such books shall be given to all persons applying for such copies. 2 subject to the same provisions, copies of entries in book no. 3 and in the index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants but not before to any person applying for such copies. 3 subject to the same provisions, copies of entries in book no. 4 and in the index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative. 4 the requisite search, under this section for entries in book nos. 3. and 4 shall be made only by the registering officer. 5 all copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.

section 67.. of the registration act : procedure after registration under section 30, subsection 2. omitted by the registration and other related laws amendment act, 48 of , s. 8 w.e.f. . state amendment karnataka omission of section 67.section 67 of the principal act, shall be omitted. vide karnataka act 24 of , s. 3 rajasthan amendment of section 67, central act 16 of .section 67 of the principal act shall be omitted. vide ajasthan act 18 of , s. 5 haryana omission of section 67 of central act 16 of .section 67 of the principal act shall be omitted. vide haryana act 4 of , s. 3

section 61. of the registration act : 1 the endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the registerbook, and the copy of the map or plan if any mentioned in section 21 shall be filed in book no. 1. 2 the registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person if any as he has nominated in writing in that behalf on the receipt mentioned in section 52. state amendments karnataka amendment of section 61.for subsection 1 of section 61 of the principal act the following subsection shall be substituted namely: 1 the endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document and the true copy of the map or the plan if any mentioned in section 21 shall also be filed along with the true copy of the document. vide karnataka act 55 of , s. 13 kerala amendment of section 61.for subsection 1 of section 61 of the principal act, the following subsection shall be substitute, namely: 1 the endorsement and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document, and the true copy of the map or plan if any mentioned in section 21 shall also be filed along with the true copy of the document. vide kerala act 7 of , s. 12 orissa amendment of section 61.in the principal act, for subsection 1 of section 61, the following subsection shall be substituted, namely: 1 the endorsements and certificates referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document, and the true copy of the map or plan, if any, mentioned in section 21 shall also be filed alongwith the true copy of the document.. vide orissa act 14 of , s. 11 tripura amendment of section 61.in subsection 1 of the section 61 of the principal act, the words the margin of shall be omitted. vide tripura act 7 of , s. 11

section 60.certificate of registration of the registration act : 1 after such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word registered, together with the number and page of the book in which the document has been copied. state amendments karnataka amendment of section 60.the words the document has been copied , the words a true copy of the document has been filed shall be substituted. vide karnataka act 55 of , s. 12 kerala amendment of section 60.in subsection 1 of section 60, for the principal act, for the words the document has been copied, the words the true copy of the document has been filed shall be substituted. vide kerala act 7 of , s. 11 orissa amendment of section 60. in the principal act, in subsection 1 of section 60, for the words the document has been copied , the words the true copy of the document has been filed shall be substituted. vide orissa act 14 of , s. 10 tripura amendment of section 60.in subsection 1 of section 60 of the principal act, for the words the document has been copied , the words the true copy of the document has been pasted shall be substituted. vide tripura act 7 of , s. 10

section 66. of the registration act : 1 on registering any nontestamentary document relating to immovable properly, the registrar shall forward a memorandum of such document to each subregistrar subordinate to himself in whose subdistrict any part of the property is situate. 2 the registrar shall also forward a copy of such document, together with a copy of the map or plan if any mentioned in section 21, to every other registrar in whose district any part of such property is situate. 3 such registrar on receiving any such copy shall file it in his book no. 1, and shall also send a memorandum of the copy to each of the subregistrars subordinate to him within whose subdistrict any part of the property is situate. 4 every subregistrar receiving any memorandum under this section shall file it in his book no. 1.

section 62. of the registration act : 1 when a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office. 2 the endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original. state amendments karnataka amendment of section 62.for subsection 1 of section 62 of the principal act, the following subsection shall be substituted, namely: 1 when a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book. vide karnataka act 55 of , s. 14 kerala amendment of section 62.for subsection 1 of section 62 of the principal act, the following subsection shall be substituted, namely: 1 when a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book. vide kerala act 7 of , s. 13 state amendment himachal pradesh 6. amendment of section 62. in section 62 of the principal act, for subsection 1, the following subsection shall be substituted, namely: 1 when a document is presented for registration under section 19, a copy of the translation shall be pasted in the register of documents of the nature of the original, and the second copy of the translation, together with the true copy referred to in section 19, shall be filed in the registration office. vide himachal pradesh act 2 of , s. 6 orissa amendment of section 62. in the principal act, for subsection 1 of section 62, the following subsection shall be substituted, namely: 1 when a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book.. vide orissa act 14 of , s. 12 tripura amendment of section 62.in section 62 of the principal act, for subsection 1, the following shall be substituted: when a document is presented for registration under section 19, the true translation together with the true copy referred to in that section shall be pasted in the register of documents of the nature of the original and the second copy of the translation shall be filed with registration office. vide tripura act 7 of , s. 12

section 68. of the registration act : 1 every subregistrar shall perform the duties of his office under the superintendence and control of the registrar in whose district the office of such subregistrar is situate. 2 every registrar shall have authority to issue whether on complaint or otherwise any order consistent with this act which he considers necessary in respect of any act or omission of any subregistrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.

section 69. of the registration act : 1 the inspectorgeneral shall exercise a general superintendence over all the registration offices in the territories under the 1state government, and shall have power from time to time to make rules consistent with this act a providing for the safe custody of books, papers and documents 2 3aa providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under subsection 1 of section 16a b declaring what language shall be deemed to be commonly used in each district c declaring what territorial divisions shall be recognized under section 21 d regulating the amount of fines imposed under sections 25 and 34, respectively e regulating the exercise of the discretion reposed in the registering officer by section 63 f regulating the form in which registering officers are to make memoranda of documents g regulating the authentication by registrars and subregistrars of the books kept in their respective offices under section 51 4gg regulating the manner in which the instruments referred to in subsection 2 of section 88 may be presented for registration h declaring the particulars to be contained in indexes nos. i, ii, iii and iv, respectively i declaring the holidays that shall be observed in the registration offices and j generally, regulating the proceedings of the registrars and subregistrars. 2 the rules so made shall be submitted to the 1state government for approval, and, after they have been approved, they shall be published in the 5official gazette, and on publication shall have effect as if enacted in this act. state amendments karnataka amendment of section 69.in subsection 1 of section 69 of the principal act, i in clause g after the word and figures section 51, insert the words and the manner of recopying such books on portions thereof, ii after clause i insert us under ii prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer, or who frequent the precincts of registration officers, for the purpose of writing documents may be granted licence and prescribing the fees to be paid for such licences vide karnataka act 55 of , s. 15 kerala amendment of section 69.after clause b of subsection 1 of section 69 of the principal act, the following clause shall be inserted, namely: bb providing for the grant of licences to document writers, the revocation of such licences the terms and conditions subject to which and the authority by whom such licences shall be granted and generally for all purposes connected with the writing of documents to be presented for registration. vide kerala act 2 of , s. 3 state amendment himachal pradesh 7. amendment of section 69. in section 69 of the principal act, in subsection 1, after clause b, the following clause shall be inserted, namely: bb providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which, and the authority by whom such licences shall be ranted and generally for all purposes connected with the writing of the documents to be presented for registration. vide himachal pradesh act 2 of , s. 7 orissa amendment of section 69.in section 69 of the registration act, 16 of , in subsection 1 after clause b, the following new clause shall be inserted, namely: bb providing for the grant of licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration.. vide orissa act 11 of , s. 2 tripura amendment of section 69.in section 69 of the principal act, in subsection 1 after clause b, the following clause be inserted, namely: bb providing for the grant and renewal of licences to document writers, the revocation of licences granted to such writers and generally for all purposes connected with the writers and generally for all purposes connected with the writing of the documents and with the writing of the true copies of the documents to be presented for registration. vide tripura act 7 of , s. 13 uttarkhand insertion of section 69.in section 69 of the principal act, after clause hh, the following clauses shall be inserted, namely: hh1 regulating the number and manner in which printouts or true copies of documents and of translation shall be prepared and the books in which they shall be kept for record hh2 regulating the form of declaration and the manner of comparison and verification of the true copies hh3 regulating the manner in which and safeguards subject to which the books may be kept in electronic form. 2 after section 69 of the principal act, the following section shall be inserted, namely: 69a notwithstanding anything contained in any other provisions of this act, the inspectorgeneral of registration shall with the prior approval of the state government, prepare and circulate standard formats of various kinds of documents for the guidance of the general public, which may be used with or without modifications. explanation: use of a standard format prepared and circulated under this section shall not be a prelude to omit the descriptions of the property required under sections 21 and 22. vide uttarakhand act 24 of , s. 22 rajasthan amendment of section 69, act xvi of . after clause b of subsection 1 of section 69 of the indian registration act, xvi of , the following clause shall be inserted, namely: bb providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted and generally for all purposes connected with the writing of documents to be presented for registration. vide rajasthan act xviii of , s. 2 rajasthan amendment of section 69, central act 16 of .after subsection2 of section 69 of the principal act, the following shall be added, namely: 3 the inspectorgeneral shall have power to issue any order consistent with this act which he considers necessary in respect of any act or omission of any person subordinate to him or in respect of rectification of any error regarding the book or the office in which any document has been registered.. viderajasthan act 18 of , s. 6 gujarat amendment of section 69 of xvi of . in the principal act, in section 69,insubsection 1,after clause j, the following clause shall be added, namely: k regulating the procedure for presentation of document, appearance for admission, endorsement, manner of affixing signature and seal, mode of payment of registration fees and other fees and such other process when the document is presented by electronic means. vide gujarat act 4 of , s. 6 1. subs. by the a.o. , for provincial government. 2. the words and also for the destruction of such books, papers and documents as need no longer be kept rep. by act 5 of , s. 6 and the schedule. 3. ins. by act 48 of , s. 9 w.e.f. . 4. ins. by act 39 of , s. 4. 5. subs. by the a.o. , for local official gazette.

section 63. of the registration act : 1 every registering officer may, at his discretion, administer an oath to any person examined by him under the provisions of this act. 2 every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or if made in a language with which such person is not acquainted interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer. 3 every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.

section 70. of the registration act : the inspectorgeneral may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.

section 64. of the registration act : every subregistrar on registering a nontestamentary document relating to immovable property not wholly situate in his own subdistrict shall make a memorandum thereof and of the endorsement and certificate if any thereon, and send the same to every other subregistrar subordinate to the same registrar as himself in whose subdistrict any part of such property is situate, and such subregistrar shall file the memorandum in his book no. 1.

section 71. of the registration act : 1 every subregistrar refusing to register a document, except on the ground that the property to which it relates is not situate within his subdistrict, shall make an order of refusal and record his reasons for such order in his book no. 2, and endorse the words registration refused on the document and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. 2 no registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. state amendment kerala amendment of section 71.in section 71 of the principal act, after subsection 2, the following subsection shall be inserted, namely: 3 no registering officer shall accept for registration any document involving transfer of property including contract for sale of immovable property belonging to or vested in the government of kerala or public sector undertakings operating in the state or local self government institutions unless it is accompanied by a no objection certificate issued by an officer authorised by the state government in this behalf.. vide kerala act 31 of , s. 3

section 65. of the registration act : 1 every subregistrar on registering a nontestamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate if any thereon, together with a copy of the map or plan if any mentioned in section 21, to the registrar of every district in which any part of such property is situate other than the district in which his own subdistrict is situate. 2 the registrar on receiving the same shall file in his book no. 1 the copy of the document and the copy of the map or plan if any, and shall forward a memorandum of the document to each of the subregistrars subordinate to him within whose subdistrict any part of such property is situate and every subregistrar receiving such memorandum shall file in his book no. 1.

section 72. of the registration act : 1 except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a subregistrar refusing to admit a document to registration whether the registration of such document is compulsory or optional to the registrar to whom such subregistrar is subordinate, if presented to such registrar within thirty days from the date of the order and the registrar may reverse or alter such order. 2 if the order of the registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the subregistrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60 and such registration shall take effect as if the document had been registered when it was first duly presented for registration.

section 73. of the registration act : 1 when a subregistrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorised as aforesaid, may, within thirty days after the making of the order of refusal, apply to the registrar to whom such subregistrar is subordinate in order to establish his right to have the document registered. 2 such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.

section 79. of the registration act : a table of the fees so payable shall be published in the official gazette, and a copy thereof in english and the vernacular language of the district shall be exposed to public view in every registration office.

section 74. of the registration act : in such case, and also where such denial as aforesaid is made before a registrar in respect of a document presented for registration to him, the registrar shall, as soon as conveniently may be, enquire. a whether the document has been executed b whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration.

section 75. of the registration act : 1 if the registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered. 2 if the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60. 3 such registration shall take effect as if the document had been registered when it was first duly presented for registration. 4 the registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a civil court and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the code of civil procedure, 5 of .

section 76. of the registration act : 1 every registrar refusing a to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a subregistrar, or b to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his book no. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded. 2 no appeal lies from any order by a registrar under this section or section 72.

section 78. of the registration act : 1 the 2state government shall prepare a table of fees payable a for the registration of documents b for searching the registers c for making or granting copies of reasons, entries or documents, before on or after registration and of extra or additional fees payable d for every registration under section 30 e for the issue of commissions f for filing translations g for attending at private residences h for the safe custody and return of document and i for such other matters as appear to the government necessary to effect the purposes of this act. state amendments assam insertion of new section 78a. in the principal act, after the existing sections 78, the following new section 78a shall be inserted, namely: 78a. power to reduce or remit fees.the state government may, if in its opinion it is necessary in the public interest so to do, by order published in the official gazette, reduce or remit the fees payable in respect of any of the matters enumerated in clauses a to i of section 78, either generally or for any particular class of cases and in respect of persons generally or of any particular class or classes of persons, or in respect of any particular class or classes of instruments. vide assam act 24 of , s. 2 kerala amendment of section 78.section 78 of the principal act shall be renumbered as subsection 1 of that section, and after subsection 1 as so renumbered, the following subsection shall be inserted, namely: 2 the state government may, if in their opinion it is necessary in the public interest so to do, by order published in the official gazette, remit the fees payable in respect of any of the matters encumbered in clauses a to i of subsection 1, either generally for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons. vide kerala act 7 of , s. 14 orissa insertion of new section 78a.after section 78 of the principal act, the following section shall be inserted, namely: 78a. power to remit fees.the state government, if it is of the opinion that any instrument which involves donation of property for public charitable purpose, or involves exchange of land on the initiative of the state government in the public interest, may, by order published in the gazette, remit the fees payable in respect of any such instrument. vide orissa act 8 of , s. 7 uttarakhand insertion of section 78b.after section 78a of the principal act, the following section shall be inserted, namely: 78b 1 the fee for the registration of a document may be charged in the form of adhesive labels for which the inspectorgeneral of registration may, with the prior approval of the state government, make rules to regulate supply and sale thereof, the persons by whom alone such sale is to be conducted and the duties and remuneration of and the fees chargeable from such persons. 2 the district registrar may, on an application of a person, make allowance for the spoiled, misused or unused adhesive labels purchased for the registration of a document is accordance with the rules made by the inspectorgeneral of registration with the prior approval of the state government. vide uttarakhand act 24 of , s. 23 rajasthan amendment of section 78, central act xvi of . section 78 of the principal act shall be renumbered as subsection 1 thereof and after subsection 1, as so renumbered, the following subsection shall be added namely: 2 the state government may, if in its opinion it is necessary in the public interest so to do, by order published in the official gazette, remit or reduce the fees payable in respect of any of the matters enumerated in clauses a to i of subsection 1, either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons. vide rajasthan act 16 of , s. 4 1. the words subject to the control of the governorgeneral in council omitted by act 38 of , s. 2, and the first schedule. 2. subs. by the a.o. , for provincial government.

section 77. of the registration act : 1 where the registrar refuses to order the document to be registered, under section 72 or a decree section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the civil court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree. 2 the provisions contained in subsections 2 and 3 of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this act, the documents shall be receivable in evidence in such suit.

section 84. of the registration act : 1 every registering officer appointed under this act shall be deemed to be a public servant public servant within the meaning of the indian penal code 45 of . 2 every person shall be legally bound to furnish information to such registering officer when required by him to do so. 3 in section 228 of the indian penal code 45 of , the words judicial proceeding shall be deemed to include any proceeding under this act.

section 80. of the registration act : all fees for the registration of documents under this act shall be payable on the presentation of such documents. state amendments kerala insertion of new section 80 a.after section 80 of the registration act, central act 16 of , the following section shall be inserted, namely. 80a. recovery of registration fees in certain cases.if on inspection or otherwise it is found that the fee payable under this act in relation to any document which is registered has not been paid or has been insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the fact that the value of the property or the consideration, as the case may be, has not been truly set forth in the document, such fee or the difference between the fee paid and the fee due, as the case may be, may on a certificate by the inspector general of registration or an officer authorised by him in that behalf, be recovered from the person who presented such document for registration under section 32, as an arrear of public revenue due on land under the provisions of the revenue recovery act for the time being in force: provided that no such certificate shall be granted unless enquiry in the prescribed manner has been held and such person has been given a reasonable opportunity of being heard: provided further that no such certificate shall be granted after the expiry of a period of three years from the date of presentation of the document under section 32.. vide kerala act 21 of , s. 2 karnataka insertion of new section 80a.after section 80 of the registration act, central act 16 of the following section shall be inserted, namely: 80a. deficient amount of fees payable and their recovery.1 if the value of the property has been increased under section 45a of the karnataka stamp act, karnataka act 34 of , consequential increase in the fee for the registration of documents under this act shall be paid by the person liable to pay the same within a period of thirty days from the date, the order determining the market value of the property is communicated to him. 2 the fee payable under subsection 1 may be recovered as an arrear of land revenue. vide karnataka act 28 of , s. 2 karnataka insertion of new part after part xiiiafter part xiii of the principal act, the following part shall be inserted, namely: part xiiia of deed writers 80b. deed writers to hold licences.no person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69. vide karnataka act 55 of , s. 16 karnataka insertion of new section 80a.after section 80 of the registration act, central act 25 of , the following section shall be and shall be deemed to have been inserted with effect from the first day of april, , namely: 80a. recovery of registration fee not levied or short levied, etc.1 if on inspection or otherwise, it is found that the fee payable under this act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the inspectorgeneral of registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. the certificate of the inspectorgeneral shall be final and shall not be called in question in any court or before any authority: provided that no such certificate shall be granted without giving such person, i an opportunity of being heard and ii an opportunity to pay the amount of fee found due from him. 2 if on inspection or otherwise the inspectorgeneral of registration finds that the amount of fees charged and paid under the provisions of this act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid. 3 nothing in subsections 1 and 2 shall apply to instruments executed prior to first day of april, . vide karnataka act 19 of , s. 2 state amendment himachal pradesh insertion of new section 80a. in the registration act, 16 of after section 80, the following new section along with its heading shall be inserted and shall be deemed always to have been inserted, namely: 80a. recovery of registration fee as arrears of land revenue and provision for refund. l if on inspection, or otherwise, it is found that the fee payable under this act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, after failure to pay the same on demand within a specified period, on a certificate of the registering authority concerned, be recovered from the person who presented such document for registration under section 32 as an arrear of land revenue. 2 where the registrar finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this act, he may, upon an application in writing or otherwise, refund the excess. vide himachal pradesh act 1 of , s. 2 orissa insertion of new section 80a. in the principal act, after section 80, the following section shall be inserted namely: 80a. recovery of deficient registration fee as arrears of land revenue.if, on inspection or otherwise, it is found that the fee payable under this act in relation to any document which is registered has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue.. vide orissa act 19 of , s. 3 haryana insertion of section 80a in central act 16 of .after section 80 of the registration act, , the following new section shall be inserted, namely: 80a. deficient amounts of fees payable and their recovery.1 if the value of the property or the consideration, as the case may be, has been increased under section 47a of the indian stamp act, , the consequential increase in the fee for the registration of documents under this act, shall be paid by the person liable to pay the same within a period of thirty days from the date the order of determination of the value of the property or the consideration, as the case may be, is communicated to him. 2 the fee payable under subsection 1 may be recovered as an arrear of land revenue.. vide haryana act 36 of , s. 2

section 87. of the registration act : nothing done in good faith pursuant to this act or any act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure. state amendment orissa insertion of new section 87a act 16 of . after section 87 of the indian registration act, 16 of hereinafter referred to as the principal act, the following new section shall be inserted, namely: 87a. delegation of powers.the state government may, by order, delegate all or any of the powers conferred on them under this act to the inspectorgeneral of registration, who shall exercise the same subject to such restrictions and conditions as the state government may impose and they may in like manner withdraw any power so delegated. vide orissa act 7 of , s. 2

section 82. of the registration act : whoever a intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this act, in any proceeding or enquiry under this act or b intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan or c falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this act or d abets anything made punishable by this act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. state amendments karnataka amendment of section 82.in clause b of section 82 of the principal act, the following the words and figures under section 19 or section 21, the words under this act or the rules made thereunder shall be substituted. vide karnataka act 55 of , s. 18 insertion of new section 82a, after section 82 of the principal act, the following section shall be inserted namely: 82a. penalty in respect of deed writers.whoever contravenes the provisions of section 80b or any term or condition of a licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both vide karnataka act 55 of , s. 19 kerala amendment of section 82.in clause b of section 82 of the principal act, for the words and figures section 19 or section 21, the words this act or the rules made thereunder shall be substituted. vide kerala act 7 of , s. 16 orissa amendment of section 82. in the principal act, in clause b of section 82, for the words and figures section 19 or section 21, the words this act or the rules under thereunder shall be substituted. vide orissa act 14 of , s. 14 tripura amendment of section 82.for subsection b of section 82 of the principal act, the following shall be substituted, namely: b intentionally delivers to a registering officer, in any proceeding under this act or the rules made thereunder, a false copy or translation of a document, or a false copy of a map or plan or vide tripura act 7 of , s. 15

section 81. of the registration act : every registering officer appointed under this act and every person employed in his office for the purposes of this act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the indian penal code 45 of , to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. state amendments karnataka amendment of section 81.in section 81 of the principal act, i in the marginal heading, for the words the registering, the words registering or filing shall be substituted ii for the words or registering of any document the words registering or filing a true copy of any document shall be substituted iii for the words or registers such document, the words registers or files a copy of such document shall be substituted. vide karnataka act 55 of , s. 17 kerala amendment of section 81.in section 81 of the principal act, a for the words or registering of any document, the words registering, or filing a true copy, of any document shall be substituted b for the words or registers such document, the words registers, or files a true copy of, such document shall be substituted. vide kerala act 7 of , s. 15 orissa amendment of section 81.in the principal act, in section 81, a for the words or registering of any document the words registering or filing a true copy of any document shall be substituted b for the words or registers such document, the words registers or files a true copy of such document shall be substituted. vide orissa act 14 of , s. 13 tripura amendment of section 81.for section 81 of the principal act, the following shall be substituted, namely: 81. every registering officer appointed under this act, and every person employed in his office for the purposes of this act, who, being charged with the checking, endorsing, reading, examining, copying, translating, comparing, pasting a true copy, pasting a copy of the translation or registering of any document presented or deposited under its provisions checks, endorses, reads, examines, copies, translates, compares, pastes a true copy, pastes a copy of the translation or registers such document in a manner which he knows or believes to be incorrect intending thereby to cause or knowing it to be likely that he may thereby cause injury as defined in the indian penal code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. vide tripura act 7 of , s. 14

section 88. registration of documents executed by government officers or certain public functionaries. of the registration act : 188. registration of documents executed by government officers or certain public functionaries.1 notwithstanding anything contained in this act, it shall not be necessary for, a any officer of government, or b any administratorgeneral, official trustee or official assignee, or c the sheriff, receiver or registrar of a high court, or d the holder for the time being of such other public office as may be specified in a notification in the official gazette issued in that behalf by the state government, to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58. 2 any instrument executed by or in favour of an officer of government or any other person referred to in subsection 1 may be presented for registration in such manner as may be prescribed by rules made under section 69. 3 the registering officer to whom any instrument is presented for registration under this section may, if he thinks fit, refer to any secretary to government or to such officer of government or other person referred to in subsection 1 for information respecting the same and, on being satisfied of the execution thereof, shall register the instrument. 1. subs. by act 39 of , s. 5, for section 88.

section 85. of the registration act : documents other than wills remaining unclaimed in any registration office for a period exceeding two years may be destroyed.

section 86. of the registration act : no registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity.

section 83. of the registration act : 1 a prosecution for any offence under this act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the inspectorgeneral, 1 the registrar or the subregistrar, in whose territories, district or subdistrict, as the case may be, the offence has been committed. 2 offences punishable under this act shall be triable by any court or officer exercising powers not less than those of a magistrate of the second class. state amendments kerala insertion of new sections 83a and 83b.after section 83 of the principal act, the following sections shall be inserted, namely: 83a. cancellation of registered documents in certain cases.1 if on enquiry by an officer in the registration department not below the rank of the deputy inspector general of registration, it is found that some one has falsely personated another, and in such assumed character presented, admitted the execution and got registered any document by a registering officer and the existence of such a document is detrimental to the interest of another person, the same shall be cancelled by the inspector general of registration on application made to him in such form as may be prescribed. 2 if on an enquiry conducted by the district collector suo motu or on the basis of a complaint received by him, it is found that any government land or land owned by a public sector undertaking, has been transferred on the strength of a document which is got registered without following the procedure prescribed in subsection 3 of section 71, the district collector may make recommendation to the inspector general of registration to cancel the registration of such document. 3 on receipt of such recommendation from the district collector, the inspector general of registration shall have the authority to cancel the registration of such document after following such procedure as may be prescribed. 83b. appeal to government from orders of the inspector general of registration.any person aggrieved by an order of the inspector general of registration under section 83a, may prefer an appeal before the government within thirty days from the date of receipt of such order, and the government shall pass an order confirming, modifying or cancelling the order of the inspector general of registration as they deem fit.. vide kerala act 31 of , s. 4 1. the words the branch inspectorgeneral of sindh, omitted by the a.o. .

section 89. of the registration act : 1 every officer granting a loan under the land improvement loans act, 19 of , shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his book no. 1. 2 every court granting a certificate of sale of immovable property under the code of civil procedure, 5 of , shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his book no. 1. 3 every officer granting a loan under the agriculturists loans act, 12 of , shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his book no. 1. exemption from act 4 every revenue officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his book no. 1. state amendments karnataka insertion of new section 89a.after section 89 of the principal act, the following section shall be inserted namely: 89a. power to make rules for filing of copies of documents.1 the state government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the furnishing of true copies of documents by the person presenting the documents for registration b the manner in which true copies of documents shall be prepared and c the manner of filing of such copies. 3 all rules made under this section shall be published in the official gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. 4 every rule made under this section shall be laid as soon as may be after it is made, before each house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. vide karnataka act 55 of , s. 20 kerala amendment of section 89.in section 89 of the principal act, a subsection 1 and 3 shall be omitted. b after subsection 4, the following subsections shall be inserted, namely: 5 every court passing a any decree or order creating, declaring, transferring, limiting or extinguishing and right, title or interest to or in immovable property in favour of or of any person, or b an order for the attachment of immovable property or of the release of any immovable property from attachment, shall send a copy of such decree or order together with a memorandum describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy and memorandum in his book no. 1. 6 every officer issuing a written demand before the attachment of the immovable property of a defaulter under the revenue recovery act of the time being in force shall a send a copy of such written demand together with a memorandum describing the property, as far as may be practicable in the manner required by section 21 and b where such written demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any party of the immovable property to which the written demand relates is situate and such registering officer shall fiel the copy of the written demand and the memoranda i his book no. 1. vide kerala act 7 of , s. 17 insertion of new section 89a.after section 89 of the principal act, the following section shall be inserted, namely: 89a. power to make rules for filing of true copies of documents.1 the state government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the manner in which true copies of documents shall be prepared and b the manner of filing such copies. 3 all rules made under this section shall be published in the official gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. 4 every rule made under this section shall be laid as soon as may be after it is made, before the legislative assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the legislative assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. vide kerala act 7 of , s. 18 orissa insertion of new section 89a act 16 of .after section 89 of the indian registration act, 16 of , the following new section shall be inserted, namely: 89a. duty of collector in proceedings under section 47a of the indian stamps act, 2 of .1 it shall be the duty of the collector, if he is satisfied during the proceedings, if any, under section 47a of the indian stamp act, 2 of that the fees for registration paid under this act in respect of a document is in deficit, to determine in the course of such proceedings the deficient amount of fees and to send a copy of the order made in the proceedings to the registering officer for recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section and all amounts recoverable as aforesaid may be recovered as arrears of land revenue. 2 an order of the collector under subsection 1 shall be deemed to be an order made by the collector under section 47a of the indian stamp act, 2 of and shall be final subject to the decision in appeal, if any, under subsection 3 of the said section. vide orissa act 17 of , s. 2 orissa insertion of new section 89. in the principal act, after section 89a, the following section shall be inserted, namely: 89b. power of state government to make rules.1 the state government may, by notification in the official gazette, make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for, a the furnishing of true copies of documents by the person presenting the documents for registration b the furnishing of true copies of documents by the person presenting the documents for registration c the manner of filing such copies.. vide orissa act 14 of , s. 15 orissa amendment of section 89a.in section 89a of the principal act, in subsection 1, for the words and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount, the words and to recover the said amount of fees along with the deficient amount of stamp duty shall be substituted. vide orissa act 8 of , s. 8 uttarakhand amendment of section 89./subsection 1, 2, 3 and 4 of section 89 of the principal act shall be substituted as follows namely: 1 every officer granting a loan under the land improvement loans act, xix of shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole, or any part of the land to be improved, or the land to be granted as collated security, is situate, and such registering officer shall take a similar action on it as taken on a document admitted to registration under subsection 1 of section 61. 2 every court granting a certificate of sale of immovable property under the code of civil procedure, v of , shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immoveable property, comprised in such certificate, is situate and such officer shall take a similar action on it as taken on a document admitted to registration under subsection 1 of section 61. 3 every officer granting a loan under the agriculturists loans act, xii of shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan and if any such property is mortgaged for the same purpose, in the order granting the loan, a copy, also the order, to the registering officer within the local limits of whose jurisdiction, the whole or any part of the property mortgaged is situate and such registering officer shall take a similar action on it as taken on a document admitted to registration under subsection 1 of section 61. 4 every revenue officer granting a certificate of sale to the purchase of immovable property, sold by public auction, shall send a copy of the certificate to the registering officer, within the local limits of whose jurisdiction, the whole or any part of the property comprised in the certificate is situate and such officer shall take a similar action on it as taken on a document admitted to registration under subsection 1 of section 61. vide uttarakhand act 24 of , s. 24. rajasthan amendment of section 89, central act xvi of .in section 89 of the principal act, after subsection 4, the following subsection shall be added, namely: 5 every bank granting a loan to an agriculturist for agricultural purposes, shall send within such time and in such manner as may be prescribed, a copy of any instrument whereby immovable property is mortgaged for the purpose of securing repayment of the loan, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy in his book no. 1. explanation. f or the purpose of subsection 5, a the expression every bank shall mean i a banking company as defined in the banking regulation act, ii the state bank of india constituted under the state bank of india act, iii a subsidiary bank as defined in the state bank of india subsidiary bank act, iv a corresponding new bank constituted under the banking companies acquisition and transfer of undertaking act, v a banking institution notified by the central government under section 51 of the banking regulation act, br vi the agricultural refinance corporation constituted under the agricultural refinance corporation act, vii agroindustries corporation viii agricultural finance corporation ltd. a company incorporated under the companies act, and ix any other financial institution notified by the state government in the official gazette as a bank for the purpose of this act. b the word agriculturist shall have the meaning assigned to it in subsection 3 of section 5 of the rajasthan tenancy act, rajasthan act 3 of . vide rajasthan act 16 of , s. 5 gujarat insertion of new sections 89a, 89b, 89c and 89d in xvi of . in the principal act, after section 89, the following sections shall be inserted, namely: 89a. copies of court decrees, attachment orders, etc., to be sent to registering officers and filed in registers. every court passing, a any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or b an order to interim attachment or attachment of immovable property or for the release of any immovable property from such attachment shall, in accordance with the rules made in this behalf, shall send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order, is situated, and such officer shall file the copy of the memorandum in his book no 1: provided that, where the immovable property is situated within the local limits of the jurisdiction of more than one registering officer, the procedure specified in clauses a and b of this subsection shall be followed in respect of the property within the jurisdiction of each of such officer. 2 every officer issuing a certificate of sale or a written demand before the attachment of the immovable property of a defaulter under the provisions of any law relating to revenue recovery for the time being in force including the revenue recovery act, , shall, a send a copy of such certificate of sale or written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21 b where such written demand is withdrawn or attachment of property is lifted or the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his book no 1: provided that, where the immovable property is situate within the local limits of the jurisdiction of more than one registering officer, the procedure specified in clauses a and b of this subsection shall be followed in respect of the property within the jurisdiction of each of such officers. 89b. notice to be sent to registering officers by mortgag or in case of mortgage by depositing title deeds and provisions for compensation in favour of subsequent transferee. l every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause f of section 58 of the transfer of property act, 4 of shall, within 30 days from the date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property is situated, and the said officer shall file the same in his cook no 1: provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer, the procedure specified in this subsection shall be followed in respect of property within the jurisdiction of each of sum officers. 2 if, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred to in subsection 1 before the registering officer or officers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall been titled to refund any amount paid by him together with interest at twelve per cent. from the date of payment and also to compensation for any damages suffered by him, from the transferor. 3 the amount recoverable by such transferee as specified in subsection 2 shall be a charge on the interest of the mortgagor, in the mortgaged property: provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of title deeds which are duly registered under the provisions of this act. 89c. punishment for failure to file notice under section 89b. any person who fails to file a notice under section 89b to the registering officer along with fees, within the period specified in that section, shall be punished with imprisonment for a term which shall not be less than one years but which may be for a term which may be extend upto three years and shall also be liable to fine. 89d. power to make rules for filing of true copies of documents notices referred in sections 89a and 89b. 1 the state government in any, by notification in the official gazette, make rules for carrying out the purposes of section 89a and section 8 9b. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for, a the manner in which notices or the copies of documents shall be prepared, and b the manner of filing of the notices or true copies. 3 all rules made under this section shall, be laid for not less than thirty days before the state legislature as soon as possible after they are made and shall be subject to rescission by the state legislature or to such modifications as the strife legislature may make, during the session in which they are so laid or the session immediately following. 4 any rescission or modification so made by the state legislature shall be published in the official gazette and shall thereupon take effect. vide gujarat act 4 of , s. 7

section 93.. of the registration act : repeals rep. by the repealing act, 1 of , s. 2 and schedule.

section 90. of the registration act : 1 nothing contained in this act or in the indian registration act, 3 of , or in the indian registration act, 8 of , or in any act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely: a documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of landrevenue, and which form part of the records of such settlement or b documents and maps issued, received or authenticated by any officer engaged on behalf of government in making or revising the survey of any land, and which form part of the record of such survey or c documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris or other officers charged with the preparation of village records or d sanads, inam, titledeeds and other documents purporting to be or to evidence grants or assignments by government of land or of any interest in land or e notices given under section 74 or section 76 of the bombay landrevenue code, , or relinquishment of occupancy by occupants, or of alienated land by holders of such land. 2 all such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this act.

section 91. of the registration act : 11 subject to such rules and the previous payment of such fees as the 2 3state government, by notification in the official gazette, prescribes in this behalf, all documents and maps mentioned in section 90, clauses a, b, c, and e, and all registers of the documents mentioned in clause d, shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies. 42 every rule prescribed under this subsection or made under section 69 shall be laid, as soon as it is made, before the state legislature. state amendments tripura. insertion of new section 91a.after section 91 of the principal act, the following new section shall be inserted, namely: 91a. 1 the state government may, by notification in the official gazette, make rules for all purposes connected with the pasting of true copies of documents in the appropriate books under this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the furnishing of true copies of documents by the person presenting the document for registration b the manner in which true copies of documents shall be prepared c the manner in which the true copies of documents shall be compared with the original documents after the same are admitted to registration and d the manner of pasting such copies. 3 every rule made under this section shall be laid as soon as may be after it is made, before the legislative assembly of tripura, while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions in which it is so laid or the successive sessions aforesaid, the legislative assembly agrees in making any modification in the rule or the legislative assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be or no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. vide tripura act 7 of , s. 16. 1. section 91 renumbered as subsection 1 thereof by act 20 of , s. 2 and schedule. 2. subs. by the a.o. , for provincial government. 3. subs., ibid., for state government prescribes in this behalf. 4. ins. by act 20 of , s. 2 and schedule w.e.f. .

section 92.. of the registration act : burmese registrationrules confirmed rep. by the government of india adaptation of indian laws order, .

section 3. , as amended, extended to benares. of the police agra act : regulation xi. , as amended by this act, shall extend to the whole of the province of benares, and all powers vested by the said regulation in the governor general in council, may be exercised by the lieutenantgovernor of the northwestern provinces.

section 2. of the police agra act : wherever any tehseeldar shall have police jurisdiction under the provisions of section ii. of the said regulation xi. , every darogah of police hereafter appointed within the local limits of the police jurisdiction of such tehseeldar, shall be subordinate to, and subject to the control of such tehseeldar, in his capacity of chief police thannadar.

section 1. and vii. , repealed of the police agra act : section iii. and vii., regulation xi. of the bengal code are hereby repealed.

section 8. of the parsi marriage and divorce act . : the register of marriages mentioned in section 6 shall, at all reasonable times, be open for inspection, and certified extracts therefrom shall, on application, be given by the registrar on payment to him by the applicant of two rupees for each such extract. every such register shall be evidence of the truth of the statements therein contained.

section 1. of the parsi marriage and divorce act . : 1 this act may be called the parsi marriage and divorce act, . 2 1it extends to the whole of india except the state of jammu and kashmir: provided that the central government may, in respect of 2territories which, immediately before the 1st november, , were comprised in part b states by notification in the official gazette, direct that the provisions of this act relating to the constitution and powers of parsi matrimonial courts and to appeals from the decisions and orders of such courts shall apply with such modifications as may be specified in the notification: 3provided further that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. 3 it shall come into force on such date4 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 3 of , s. 3 and the schedule for it extends to the whole of india except part b states and, in respect of parsi citizens of india, to the whole of india w.e.f. . 2. subs. by the adaptation of laws no. 3 order, , for part b states. 3. ins. by act 26 of , s. 3 and the schedule w.e.f. . 4. 22nd june, see gazette of india, , part i, p.621. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the parsi marriage and divorce act . : in this act, unless there is anything repugnant in the subject or context, 1 chief justice includes senior judge 2 court means a court constituted under this act 3 to desert together with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent, or against the will, of such party 4 grievous hurt means a emasculation b permanent privation of the sight of either eye c permanent privation of the hearing of either ear d privation of any member or joint e destruction or permanent impairing of the powers of any member or joint f permanent disfiguration of the head or face or g any hurt which endangers life 5 husband means a parsi husband 6 marriage means a marriage between parsis whether contracted before or after the commencement of this act 7 a parsi means a parsi zoroastrian 8 priest means a parsi priest and includes dastur and mobed and 9 wife means a parsi wife.

section 3. of the parsi marriage and divorce act . : 11 no marriage shall be valid if a the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in schedule i or b such marriage is not solemnized according to the parsi form of ceremony called ashirvad by a priest in the presence of two parsi witnesses other than such priest or 2c in the case of any parsi whether such parsi has changed his or her religion or domicile or not who, if a male, has not completed twentyone years of age, and if a female, has not completed eighteen years of age. 32 notwithstanding that a marriage is invalid under any of the provisions of subsection 1, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate. 1. section 3 renumbered as subsection 1 thereof by act 5 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for clause c w.e.f. . 3. ins. by s. 2, ibid. w.e.f. .

section 7. of the parsi marriage and divorce act . : for the purposes of this act a registrar shall be appointed. within the local limits of the ordinary original civil jurisdiction of a high court, the registrar shall be appointed by the chief justice of such court, and without such limits, by the state government. every registrar so appointed may be removed by the chief justice or state government appointing him.

section 9. of the parsi marriage and divorce act . : every registrar, except the registrar appointed by the chief justice of the high court of judicature at bombay, shall, at such intervals as the state government by which he was appointed from time to time directs, send to the registrargeneral of births, deaths and marriages for the territories administered by such state government a true copy certified by him in such form as such state government from time to time prescribes of all certificates entered by him in the said register of marriages since the last of such intervals.

section 4. of the parsi marriage and divorce act . : 1 no parsi whether such parsi has changed his or her religion or domicile or not shall contract any marriage under this act or any other law in the lifetime of his or her wife or husband, whether a parsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the parsi marriage and divorce act 15 of , or under this act, except after a divorce, declaration or dissolution as aforesaid under either of the said acts. 2 every marriage contracted contrary to the provisions of subsection 1 shall be void. 1. rep. by act 3 of , s. 53 w.e.f. .

section 10. of the parsi marriage and divorce act . : when a court passes a decree for divorce, nullity or dissolution, the court shall send a copy of the decree for registration to the registrar of marriages within its jurisdiction appointed under section 7 the registrar shall enter the same in a register to be kept by him for the purpose, and the provisions of part ii applicable to the registrars and registers of marriages shall be applicable, so far as may be, to the registrars and registers of divorces and decrees of nullity and dissolution.

section 6. of the parsi marriage and divorce act . : every marriage contracted under this act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in schedule ii. the certificate shall be signed by the said priest, the contracting parties 1 and two witnesses present at the marriage and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the registrar of the place at which such marriage is solemnized. the registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee. 1. the words , or their fathers or guardians when they shall not have completed the age of twentyone years, omitted by act 5 of , s. 3 w.e.f. .

section 12. of the parsi marriage and divorce act . : any priest neglecting to comply with any of the requisitions affecting him contained in section 6 shall, on conviction thereof, be punished for every such offence with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

section 5. of the parsi marriage and divorce act . : every parsi who during the lifetime of his or her wife or husband, whether a parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the indian penal code 45 of for the offence of marrying again during the lifetime of a husband or wife.

section 14., false certificate. of the parsi marriage and divorce act . : every person making or signing or attesting any such certificate containing a statement which is false, and which he either knows or believes to be false, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both and if the act amounts to forgery as defined in the indian penal code 45 of , then such person shall also be liable, on conviction thereof, to the penalties provided in section 466 of the said code.

section 16. of the parsi marriage and divorce act . : any person secreting, destroying, or dishonestly or fraudulently altering the said register in any part thereof, shall be punished with imprisonment of either description as defined in the indian penal code 45 of for a term which may extend to two years or if he be a register, for a term which may extend to five years and shall also be liable to fine which may extend to five hundred rupees.

section 11. of the parsi marriage and divorce act . : any priest knowingly and wilfully solemnizing any marriage contrary to and in violation of section 4 shall, on conviction thereof, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

section 13. of the parsi marriage and divorce act . : every other person required by section 6 to subscribe or attest the said certificate who shall wilfully omit or neglect so to do, shall, on conviction thereof, be punished for every such offence with a fine not exceeding one hundred rupees.

section 15. of the parsi marriage and divorce act . : any registrar failing to enter the said certificate pursuant to section 6 shall be punished with simple imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 17. of the parsi marriage and divorce act . : no marriage contracted under this act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the registrar, or that the certificate was defective, irregular or incorrect.

section 18. of the parsi marriage and divorce act . : for the purpose of hearing suits under this act, a special court shall be constituted in each of the presidencytowns of calcutta, madras and bombay, and in such other places in the territories of the several state governments as such governments respectively shall think fit.

section 19. of the parsi marriage and divorce act . : the court so constituted in each of the presidencytowns shall be entitled the parsi chief matrimonial court of calcutta, madras or bombay, as the case may be. the local limits of the jurisdiction of a parsi chief matrimonial court shall be coterminous with the local limits of the ordinary original civil jurisdiction of the high court. the chief justice of the high court, or such other judge of the same court as the chief justice shall from time to time appoint shall be the judge of such matrimonial court, and, in the trial of cases under this act, he shall be aided 1by five delegates, except in regard to a interlocutory applications and proceedings b alimony and maintenance, both permanent as well as pendente lite c custody, maintenance and education of children and d all matters and proceedings other than the regular hearing of cases. 1. subs. by act 5 of , s. 4, for by seven delegates w.e.f. .

section 24. of the parsi marriage and divorce act . : 1 the state governments, shall, in the presidencytowns and districts subject to their respective governments, respectively appoint persons to be delegates to aid in the adjudication of cases arising under this act, after giving the local parsis an opportunity of expressing their opinion in such manner as the respective governments may think fit. 2 the persons so appointed shall be parsis, their names shall be published in the official gazette and their number shall, within the local limits of the ordinary original civil jurisdiction of a high court, be not more than thirty, and in districts beyond such limits, not more than twenty.

section 20. of the parsi marriage and divorce act . : every court so constituted at a place other than a presidencytown shall be entitled the parsi district matrimonial court of such place. subject to the provisions contained in section 21, the local limits of the jurisdiction of such court shall be coterminous with the limits of the district in which it is held. the judge of the principal court of original civil jurisdiction at such place shall be the judge of such matrimonial court, and in the trial of cases under this act he shall be aided 1by five delegates, except in regard to a interlocutory applications and proceedings b alimony and maintenance, both permanent as well as pendente lite c custody, maintenance and education of children and d all matters and proceedings other than the regular hearing of cases. 1. subs. by act 5 of , s. 4, for by seven delegates w.e.f. .

section 21. of the parsi marriage and divorce act . : the state government may from time to time alter the local limits of the jurisdiction of any parsi district matrimonial court, and may include within such limits any number of districts under its government.

section 22. of the parsi marriage and divorce act . : any district which the state government, on account of the fewness of its parsi inhabitants, shall deem it inexpedient to include within the jurisdiction of any district matrimonial court, shall be included within the jurisdiction of the parsi chief matrimonial court for the territories under such state government where there is such a court.

section 23. of the parsi marriage and divorce act . : a seal shall be made for every court constituted under this act, and all decrees and orders and copies of decrees and orders of such court shall be sealed with such seal, which shall be kept in the custody of the presiding judge.

section 29. of the parsi marriage and divorce act . : 1 all suits instituted under this act shall be brought in the court within the limits of whose jurisdiction the defendant resides at the time of the institution of the suit 1or where the marriage under this act was solemnized. 2 when the defendant shall at such time have left 2the territories to which this act extends such suit shall be brought in the court at the place where the plaintiff and defendant last resided together. 3 in any case, whether the defendant resides in 2the territories to which this act extends or not, such suit may be brought in the court at the place where the plaintiff resides or at the place where the plaintiff and the defendant last resided together, if such court, after recording its reasons in writing, grants leave so to do. 1. added by s. 7, ibid. w.e.f. . 2. subs. by act 3 of , s. 3 and the schedule for part a states and part c states w.e.f. .

section 25. of the parsi marriage and divorce act . : the appointment of a delegate shall be for ten years but he shall be eligible for reappointment for the like term or terms. whenever a delegate shall die, or have completed his term of office, or be desirous of relinquishing his office, or refuse or become incapable or unfit to act, or cease to be a parsi, or be convicted of an offence under the indian penal code 45 of or other law for the time being in force 1involving moral turpitude, or be adjudged insolvent, then and so often the state government may appoint any person being a parsi, to be a delegate in his stead, and the name of the person so appointed shall be published in the official gazette. 1. ins. by act 5 of , s. 5 w.e.f. .

section 32. of the parsi marriage and divorce act . : any married person may sue for divorce on any one or more of the following grounds, namely: a that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate it b that the defendant at the time of the marriage was of unsound mind and has been habitually so up to the date of the suit: provided that divorce shall not be granted on this ground, unless the plaintiff 1 was ignorant of the fact at the time of the marriage, and 2 has filed the suit within three years from the date of the marriage 1bb that the defendant has been incurably of unsound mind for a period of two years or upwards immediately preceding the filing of the suit or has been suffering continuously or intermittently from mental disorder of such kind and to such an extent that the plaintiff cannot reasonably be expected to live with the defendant. explanation.in this clause, a the expression mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia b the expression psychopathic disorder means a persistent disorder or disability of mind whether or not including subnormality of intelligence which results in abnormally aggressive or seriously irresponsible conduct on the part of the defendant, and whether or not it requires or is susceptible to medical treatment c that the defendant was at the time of marriage pregnant by some person other than the plaintiff: provided that divorce shall not be granted on this ground, unless 1 the plaintiff was at the time of the marriage ignorant of the fact alleged, 2 the suit has been filed within two years of the date of marriage, and 3 marital intercourse has not taken place after the plaintiff came to know of the fact d that the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence: provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact 2dd that the different has since the solemnization of the marriage treated the plaintiff with cruelty or has behaved in such a way as to render it in the judgment of the court improper to compel the plaintiff to live with the defendant: provided that in every suit for divorce on this ground it shall be in the discretion of the court whether it should grant a decree for divorce or for judicial separation only e that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has compelled the wife to submit herself to prostitution: provided that divorce shall not be granted on this ground, if the suit has been filed more than two years i after the infliction of the grievous hurt, or ii after the plaintiff came to know of the infection, or iii after the last act of compulsory prostitution f that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the indian penal code 45 of : provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone at least one years imprisonment out of the said period g that the defendant has deserted the plaintiff for at least 3two years h that 5 an order has been passed against the defendant by a magistrate awarding separate maintenance to the plaintiff, and the parties have not had marital intercourse for 6one year or more since such decree or order 7 j that the defendant has ceased to be a parsi 8by conversion to another religion: provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact. 1. subs. by act 3 of , s. 3 and the schedule for part a states and part c states w.e.f. . 2. ins. by act 5 of , s. 8 w.e.f. . 3. subs. by s. 8, ibid., for three years w.e.f. . 4. the words a decree or order for judicial separation has been passed against the defendant, or omitted by s. 8, ibid. w.e.f. . 5. subs. by s. 8, ibid/i., for three years w.e.f. . 6. clause i omitted by s. 8, ibid. w.e.f. . 7. ins. by s. 8, ibid. w.e.f. .

section 26. of the parsi marriage and divorce act . : all delegates appointed under this act shall be considered to be public servants within the meaning of the indian penal code 45 of .

section 27. of the parsi marriage and divorce act . : the delegates selected under sections 19 and 20 to aid in the adjudication of suits under this act, shall be taken under the orders of the presiding judge of the court in due rotation from the delegates appointed by the state government under section 24: provided that each party to the suit may, without cause assigned, challenge any 1two of the delegates attending the court before such delegates are selected and no delegate so challenged shall be selected. 1. subs. by s. 6, ibid., for three w.e.f. .

section 28. of the parsi marriage and divorce act . : all legal practitioners entitled to practise in a high court shall be entitled to practise in any court constituted under this act, and all legal practitioners entitled to practise in a district court shall be entitled to practise in any parsi district matrimonial court constituted under this act.

section 30. of the parsi marriage and divorce act . : in any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared to be null and void.

section 31. of the parsi marriage and divorce act . : if a husband or wife shall have been continually absent from his or her wife or husband for the space of seven years, and shall not have been heard of as being alive within that time by those persons who would have naturally heard of him or her, had he or she been alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.

section 32a. of the parsi marriage and divorce act . : 132a. nonresumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce.1 either party to a marriage, whether solemnized before or after the commencement of the parsi marriage and divorce amendment act, 5 of , may sue for divorce also on the ground, i that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties or ii that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. 2 no decree for divorce shall be granted under subsection 1 if the plaintiff has failed or neglected to comply with an order for maintenance passed against him under section 40 of this act or section 488 of the code of criminal procedure, 5of or section 125 of the code of criminal procedure, 2 of . 1. ins. by s. 9, ibid. w.e.f. .

section 32b. of the parsi marriage and divorce act . : 32b. divorce by mutual consent.1 subject to the provisions of this act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the parsi marriage and divorce amendment act, 5 of , on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved: provided that no suit under this subsection shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage. 2 the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

section 38. of the parsi marriage and divorce act . : 1notwithstanding anything contained in any other law for the time being in force, no document shall be inadmissible in evidence in any proceeding at the trial of a suit under this act on the ground that it is not duly stamped or registered. 1. subs. by s. 12, ibid., for section 38 w.e.f. .

section 33. of the parsi marriage and divorce act . : in every such suit for divorce on the ground of adultery, the plaintiff shall, unless the court shall otherwise order, make the person with whom the adultery is alleged to have been committed a codefendant, and in any such suit by the husband the court may order the adulterer to pay the whole or any part of the costs of the proceedings.

section 34. of the parsi marriage and divorce act . : any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce 1. 1. certain words omitted by act 5 of , s. 10 w.e.f. .

section 35. of the parsi marriage and divorce act . : in any suit under section 30, 31, 32, 132a or 34, whether defended or not, if the court be satisfied that any of the grounds set forth in those sections for granting relief exist, that none of the grounds therein set forth for withholding relief exist and that a the act or omission set forth in the plaint has not been condoned b the husband and wife are not colluding together c the plaintiff has not connived at or been accessory to the said act or omission d save where a definite period of limitation is provided by this act there has been no unnecessary or improper delay in instituting the suit and e there is no other legal ground why relief should not be granted then and in such case, but not otherwise, the court shall decree such relief accordingly. 1. ins. by s. 11, bid. w.e.f. .

section 36. of the parsi marriage and divorce act . : where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.

section 37. of the parsi marriage and divorce act . : in any suit under this act, the defendant may make a counter claim for any relief he or she may be entitled to under this act.

section 44. of the parsi marriage and divorce act . : notwithstanding anything contained in section 19 or section 20 where in the case of a trial in a parsi matrimonial court not less than 32 three delegates have attended throughout the proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other delegates. 32. subs. by s. 16, ibid., for five w.e.f. .

section 39. of the parsi marriage and divorce act . : 1where in any suit under this act, it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the suit, it may, on the application of the wife or the husband, order the defendant to pay to the plaintiff, the expenses of the suit, and such weekly or monthly sum, during the suit, as, having regard to the plaintiffs own income and the income of the defendant, it may seem to the court to be reasonable: 2provided that the application for the payment of the expenses of the suit and such weekly or monthly sum during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be. 1. subs. by act 5 of , s. 13, for sections 39 and 40 w.e.f. . 2. ins. by act 49 of , s. 4 w.e.f. .

section 40. of the parsi marriage and divorce act . : 1 any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on an application made to it for the purpose by either the wife or the husband, order that the defendant shall pay to the plaintiff for her or his maintenance and support, such gross sum or such monthly or periodical sum, for a term not exceeding the life of the plaintiff as having regard to the defendants own income and other property, if any, the income and other property of the plaintiff, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the movable or immovable property of the defendant. 2 the court if it is satisfied that there is change in the circumstances of either party at any time after it has made an order under subsection 1, it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. 3 the court if it is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he had sexual intercourse with any woman outside wedlock, it may, at the instance of the other party, vary, modify or rescind any such order in such manner as the court may deem just.

section 46. of the parsi marriage and divorce act . : in suits under this act all questions of law and procedure shall be determined by the presiding judge but the decision on the facts shall be the decision of the majority of the delegates before whom the case is tried: provided that, where such delegates are equally divided in opinion, the decision on the facts shall be the decision of the presiding judge.

section 41. of the parsi marriage and divorce act . : in all cases in which the court shall make any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court 3 or to a guardian appointed by the court, and may impose any terms or restrictions which to the court may seem expedient, and may from time to time appoint a new trustee, 1or guardian, if for any reason it shall appear to the court expedient so to do. 1. ins. by act 5 of , s. 14 w.e.f. .

section 42. of the parsi marriage and divorce act . : in any suit under this act the court may make such provisions in the final decree as it may deem just and proper with respect to property presented at or about the time of marriage which may belong jointly to both the husband and wife.

section 48. of the parsi marriage and divorce act . : when the time 1 limited for appealing against any decree granting a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again 2. 1. the word hereby omitted by s. 19, ibid. w.e.f. . 2. the words , as if the prior marriage had been terminated by death omitted by s. 19, ibid. w.e.f. .

section 43. of the parsi marriage and divorce act . : 11 every suit filed under this act shall be tried in camera and it shall not be lawful for any person to print or publish any matter in relation to any such case except a judgment of the court printed or published with the previous permission of the court. 2 if any person prints or publishes any matter in contravention of the provisions contained in subsection 1, he shall be punishable with fine which may extend to one thousand rupees. 1. subs. by s. 15, ibid., for section 43 w.e.f.

section 51. of the parsi marriage and divorce act . : the high court shall have superintendence over all courts constituted under this act subject to its appellate jurisdiction in the same manner as it has over other courts under 1article 227 of the constitution and all the provisions of 2that article shall apply to such courts 1. subs. by the a.o. , for section 107 of the government of india act. 2. subs. by act 3 of , s. 3 and the second schedule for that section w.e.f. .

section 45. of the parsi marriage and divorce act . : the provisions of the code of civil procedure, 5 of , shall, so far as the same may be applicable, apply to proceedings in suits instituted under this act including proceedings in execution and orders subsequent to decree: 1provided that the presiding judge shall read out to the delegates the relevant sections of this act, and may, if he considers it necessary so to do, explain the same: provided further that a verbatim record shall be made of what the presiding judge read out or explains to the delegates. 1. added by act 5 of , s. 17 w.e.f. .

section 47. of the parsi marriage and divorce act . : 11 an appeal shall lie to the high court from a the decision of any court established under this act, whether a chief matrimonial court or district matrimonial court, on the ground of the decision being contrary to some law or usage having the force of law, or of a substantial error or defect in the procedure or investigation of the case which may have produced error or defect in the decision of the case upon the merits, and on no other ground and b the granting of leave by any such court under subsection 3 of section 29: provided that such appeal shall be instituted within three calendar months after the decision appealed from shall have been pronounced. 22 every appeal under subsection 1 shall be heard by a bench of two judges of the high court. 1. section 47 renumbered as subsection 1 thereof by s. 18,ibid. w.e.f. . 2. ins. by s. 18, ibid. w.e.f. .

section 53. of the parsi marriage and divorce act . : rep. by the repealing and amending act, 20 of , s. 3 and the second schedule.

section 49. of the parsi marriage and divorce act . : in any suit under this act, the court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance and education of the children under the age of 1eighteen years, the marriage of of whose parents is the subject of such suit, and may, after the final decree upon application, by petition for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such final decree or by interim orders in case the suit for obtaining such decree were still pending: 2provided that the application with respect to the maintenance and education of such children during the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. 1. subs. by s. 20, ibid., for sixteen years w.e.f. . 2. ins. by act 49 of , s. 4 w.e.f. .

section 50. of the parsi marriage and divorce act . : in any case in which the court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the court that the wife is entitled to any property either in possession or reversion, the court may order such settlement as it shall think reasonable to be made of any part of such property, not exceeding one half thereof, for the benefit of the children of the marriage or any of them.

section 52. of the parsi marriage and divorce act . : 1 the provisions of this act shall apply to all suits to which the same are applicable whether the circumstances relied on occurred before or after the passing of this act, and whether any decree or order referred to was passed under this act or under the law in force before the passing of this act, and where any proceedings are pending in any court at the time of the commencement of this act, the court shall allow such amendment of the pleadings as may be necessary as the result of the coming into operation of this act. 2 a parsi who has contracted a marriage under the parsi marriage and divorce act, 15 of , or under this act, even though such parsi may change his or her religion or domicile, so long as his or her wife or husband is alive and so long as such parsi has not been lawfully divorced from such wife or husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a competent court under either of the said acts, shall remain bound by the provisions of this act.

section 6. of the white phosphorus matches prohibition act : 1 no person shall sell, or offer or expose for sale, or have in his possession for the purposes of sale, any matches made with white phosphorus. 2 any person who contravenes the provisions of subsection 1 may, on complaint to a presidency magistrate, subdivisional magistrate or magistrate of the first class, be ordered to forfeit any such matches in his possession, and any matches so forfeited shall be destroyed or otherwise dealt with as the magistrate may direct.

section 5. of the white phosphorus matches prohibition act : 1 every person who manufactures matches shall allow an inspector of factories appointed under the indian factories act, 12 of , at any time to take for analysis sufficient samples of any material in use or mixed for use, in such manufacture: provided that any such person may, at the time the sample is taken, and on providing the necessary appliances, require the inspector to divide the sample so taken into two parts, and to mark, seal and deliver to him one part. 2 any person who refuses to permit any such inspector of factories as aforesaid to take a sample, in accordance with the provisions of subsection 1, shall be punishable with fine which may extend to two hundred rupees. 1. see now the factories act, 63 of .

section 1. of the white phosphorus matches prohibition act : 1 this act may be called the white phosphorus matches prohibition act, . 2 it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states and 3 it shall come into force on the first day of july, , with the exception of section 6, which shall come into force on the first day of july, . 1. subs. by the a.o. no. 2 , for part b states.

section 3.. of the white phosphorus matches prohibition act : prohibition of importation by addition to section 18, act 8 of . rep. by the repealing act, 1 of , s. 2 and the schedule.

section 4. of the white phosphorus matches prohibition act : 1 no person shall use white phosphorus in the manufacture of matches. 2 any person who uses, or permits the use by any person under his control of, white phosphorus in the manufacture of matches, shall be punishable with fine which may extend to two hundred rupees.

section 2. of the white phosphorus matches prohibition act : in this act, white phosphorus means the substance commonly known as white or yellow phosphorus.

section 4b. of the boilers act : 14b. welders certificate.1 any person who proposes to undertake any welding work connected with or related to a boiler, or a boiler component or both shall apply to a competent authority for issue of a welders certificate. 2 on receipt of an application under subsection 1, the competent authority shall follow such procedure for examination and grant of welders certificate as may be prescribed by regulations. 3 the competent authority may, if satisfied that the person applying for welders certificate under subsection 2 has complied with the conditions precedent for issue of the welders certificate, issue such certificate, to such person subject to the payment of such fee and such other conditions as may be prescribed by regulations: provided that the competent authority shall not refuse welders certificate to any person unless such person is given an opportunity of being heard. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 1. of the boilers act : show related subordinates 1 this act may he called the 1 boilers act, . 22 it extends to the whole of india 3. 3 it shall come into force on such date4 as the central government may, by notification in the official gazette, appoint. 1. the word indian omitted by act 49 of , s. 2 w.e.f. . 2. subs. by the a.o. , for subsection 2. 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 4. 1st january, , see notification no. a 61, dated the 4th december, , gazette of india, pt. i, p. .

section 4. of the boilers act : the state government may, by notification in the official gazette, exclude1 any specified area from the operation of all or any specified provisions of this act. 1. the andaman and nicobar islands have been excluded from the operation of the provisions of this act. see notification no. g b10, dated the 21st june, , gazette of india, , pt. i, p. 585.

section 4a. of the boilers act : 14a. technical adviser.1 the central government shall appoint a technical adviser from amongst the persons having such qualifications and experience as may be prescribed by rules. 2 the terms and conditions of service of the technical adviser shall be such as may be prescribed by the central government. 3 the technical adviser shall, in addition to exercising the powers and discharging the functions assigned to him under this act or rules or regulations made thereunder, exercise such other powers and discharge such functions as the central government and the board may delegate to him. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 4c.conditions precedent for manufacture of boiler land boiler component of the boilers act : 14c. conditions precedent for manufacture of boiler land boiler component.1 no person shall manufacture or cause to be manufactured any boiler or boiler component, or both unless a he has provided in the premises or precincts wherein such boiler or boiler component, or both are manufactured, such facilities for design and construction as may be prescribed by regulations b the design and drawings of the boiler and boiler component have been approved by the inspecting authority under clause a of subsection 2 of section 4d c the materials, mounting and fittings used in the construction of such boiler or boiler component, or both conform to the specifications prescribed by regulations and d the persons engaged for welding boiler or boiler component hold welders certificate issued by a competent authority. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 3. of the boilers act : 1nothing in this act shall apply to a locomotive boilers belonging to or under the control of the railways b any boiler or boiler component, i in any vessel propelled wholly or in part by the agency of steam ii belonging to, or under the control of, the army, navy or air force or iii appertaining to a sterilizer disinfector used in hospitals or nursing homes, if the boiler does not exceed one hundred liters in capacity. 1. subs. by act 49 of , s. 4, for section 3 w.e.f. .

section 2b. of the boilers act : 12b. application of act to economisers.every reference in this act to a boiler or boilers except in clause ccc of section 2 2 3 shall be deemed to include also a reference to an economiser or economisers, respectively. 1. ins. by act 34 of , s. 3. 2. the words, bracket, letters and figures clause e of section 6, clauses c and d of section 11, clause d of section 29 omitted by act 25 of s. 2. 3. the words and figures and section 34 omitted by act 18 of , s. 3.

section 4d. of the boilers act : 14d. inspection during manufacture.1 every manufacturer, before commencing manufacture of a boiler or boiler component, shall engage an inspecting authority for carrying out inspection at such stages of manufacture as may be prescribed by regulations. 2 the inspecting authority engaged under subsection 1 shall follow such procedure for inspection and certification of boiler or boiler component as may be prescribed by regulations and after inspection, if it is a satisfied that the boiler or the boiler component conforms to the standards prescribed by regulations, it shall issue a certificate of inspection and stamp the boiler, or boiler component, or both or b of the opinion that the boiler, or boiler component, or both does not conform to the standards prescribed by regulations, it may for reasons to be recorded in writing refuse to issue such certificate: provided that no certificate shall be refused unless the inspecting authority had directed the manufacturer of the boiler or boiler component, or both in writing to carry out such modifications or rectifications as it deems necessary and the inspecting authority is of the opinion that inspite of such direction the manufacturer of the boiler or boiler component, or both did not carry out the direction. 3 the inspecting authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulations. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 2a. of the boilers act : 12a. application of act to feedpipes.every reference in this act except where the word steampipe is used in clause f of section 2, to a steampipe or steampipes shall be deemed to include also a reference to a feedpipe or feedpipes, respectively. 1. ins. by act 17 of , s. 3.

section 4f. of the boilers act : 14f. conditions precedent for repairing boiler and boiler component.no person shall repair or cause to be repaired any boiler or boiler component or both, unless a he has provided in the premises or precincts, where in such boiler or boiler component or both are being used, such facilities for repairs as may be prescribed by regulations b the design and drawings of the boiler or boiler component, as the case may be, and the materials, mountings and fittings used in the repair of such boiler or boiler component conform to the regulations c persons engaged in welding, holds a welders certificate issued by a competent authority d every user who does not have the inhouse facilities for repair of boiler or boiler component shall engage a boiler repairer possessing a boiler repairer certificate for repair of a boiler or boiler component or both, as the case may be e every user shall engage a competent person for approval of repairs to be carried out inhouse or by the repairers. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 6. of the boilers act : save as otherwise expressly provided in this act, no owner of a boiler shall use the boiler or permit it to be used a unless it has been registered in accordance with the provisions of this act b in the case of any boiler which has been transferred from one state to another, until the transfer has been reported in the prescribed manner c unless a certificate or provisional order authorising the use of the boiler is for the time being in force under this act d at a pressure higher than the maximum pressure recorded in such certificate or provisional order e where the 1central government has made rules requiring that boiler shall be in charge of persons holding 2certificates of proficiency or competency, unless the boiler is in charge of a person holding the certificate required by such rules: provided that any boiler registered, or any boiler certified or licensed, under any act hereby repealed shall be deemed to have been registered or certified, as the case may be, under this act. 3 1. subs. by s. 7, ibid., for state government w.e.f. . 2. subs. by act 18 of , s. 5, for section 5. 3. proviso omitted by act 34 of , s. 3 and the second schedule.

section 2. of the boilers act : in this act, unless there is anything repugnant in the subject or context, 1a accident means an explosion of boiler, or boiler component, which is calculated to weaken the strength or an uncontrolled release of water or steam therefrom, liable to cause death or injury to any person or damage to any property 2aa board means the central boilers board constituted under section 27a 3b boiler means a pressure vessel in which steam is generated for use external to itself by application of heat which is wholly or partly under pressure when steam is shut off but does not include a pressure vessel, i with capacity less than 25 liters such capacity being measured from the feed check valve to the main steam stop valve ii with less than one kilogram per centimeter square design gauge pressure and working gauge pressure or iii in which water is heated below one hundred degrees centigrade ba boiler component means steam piping, feed piping, economiser, superheater, any mounting or other fitting and any other external or internal part of a boiler which is subject to pressure exceeding one kilogram per centimeter square gauge 4c chief inspector, deputy chief inspector and inspector mean, respectively, a person appointed to be a chief inspector, a deputy chief inspector and an inspector under this act 5ca competent authority means an institution recognised in such manner as may be prescribed by regulations for issue of certificate to the welders for welding of boiler and boiler components cb competent person means a person recognised in such manner as may be prescribed by regulations for inspection and certification of boilers and boiler components during manufacture, erection and use. all inspectors shall be ipso facto competent persons 6cc economiser means any part of a feedpipe that is wholly or partially exposed to the action of flue gases for the purpose of recovery of waste heat ccc feedpipe means any pipe or connected fitting wholly or partly under pressure through which feed water passes directly to a boiler and 7which does not form an integral part thereof 8ccd inspecting authority means an institution recognised in such manner as may be prescribed by regulations for the inspection and certification of boilers and boiler components during manufacture. all chief inspectors of boilers shall be ipso facto inspecting authorities cce manufacture means manufacture, construction and fabrication of boiler or boiler component, or both ccf manufacturer means a person engaged in the manufacture d owner9includes any person possessing or using a boiler as agent of the owner thereof and any person using a boiler which he has hired or obtained on loan from the owner thereof e prescribed means prescribed by regulations or rules made under this act 10f steam pipe means any pipe through which steam passes if i the pressure at which steam passes through such pipe exceeds 3.5 kilogram per square centimeters above atmospheric pressure, or ii such pipe exceeds 254 millimeters in internal diameter and the pressure of steam exceeds 1 kilogram per square centimeters above the atmospheric pressure, and includes in either case any connected fitting of a steampipe 11g structural alteration, addition or renewal means, i any change in the design of a boiler or boiler component ii replacement of any part of boiler or boiler component by a part which does not conform to the same specification or iii any addition to any part of a boiler or boiler component h superheater means any equipment which is partly or wholly exposed to flue gases for the purpose of raising the temperature of steam beyond the saturation temperature at that pressure and includes a reheater i technical adviser means the technical adviser appointed under subsection 1 of section 4a. 1. subs by act 49 of , s. 3, for clause a w.e.f. . 2. ins. by act 11 of , s. 3. 3. subs. by act 49 of , s. 3, for clause b w.e.f. . 4. subs. by act 18 of , s. 2, for clause c. 5. ins. by act 49 of , s. 3 w.e.f. . 6. subs. by act 34 of , s. 2, for clause cc. 7. ins. by act 40 of , s. 3 and the second schedule. 8. ins. by act 49 of , s. 3 w.e.f. . 9. subs. by s. 3, ibid., for includes any person. 10. subs. by s. 3, ibid., for clause f. earlier it was substituted by act 18 of , s. 2, for clause f. 11. subs. by s. 3, ibid., for clause g.

section 8. of the boilers act : 1 a certificate authorizing the use of a boiler shall cease to be in force a on the expiry of the priod for which it was granted or b when any accident occurs to the boiler or c when the boiler is moved, the boiler not being a vertical boiler the heating surface of which is less than 120 square metres, or a portable or vehicular boiler or 2d save as provided in section 12, when any structural alteration, addition or renewal is made in or to the boiler or e if the chief inspector in any particular case so directs, when any structural alteration, addition or renewal is made in or to any steampipe attached to the boiler or f on the communication to the owner of the boiler of an order of the chief inspector or inspector prohibiting its use on the ground that 3it or any boiler component attached thereto is in a dangerous condition. 2 where an order is made under clause f of subsection 1, the grounds on which the order is made shall be communicated to the owner with the order. 43 when a certificate ceases to be in force, the owner of the boiler may apply to the competent person for renewal thereof for such period as may be prescribed by regulations. 54 on receipt of an application under subsection 3, the competent person shall, within fifteen days from the date of such receipt, inspect the boiler in such manner as may be prescribed by regulations. 5 if the competent person is a satisfied that the boiler and the boiler components attached thereto arc in good condition he shall issue a certificate for such period as may be prescribed by regulations. b of the opinion that the boiler or boiler component, or both does not conform to the standards prescribed by regulations, it may, for reasons to be recorded in writing, refuse to issue such certificate: provided that no certificate shall be refused unless the inspecting authority had directed the owner of the boiler or the boiler component, or both in writing to carry out such modifications or rectifications as it deems necessary and the competent person is of the opinion that inspite of such direction the owner of the boiler or boiler component, or both did not carry out the direction: provided further that the competent person shall, within fortyeight hours of making the examination, inform the owner of the boiler or boiler component any defect in his opinion and the reasons therefore and shall forthwith report the case to the chief inspector. 6 the competent person may for the purpose of inspection under this section charge such fee as may be prescribed by regulations: provided that where the chief inspector refuses to renew a certificate, he shall forthwith communicate his refusal to the owner of the boiler, together with the reason therefor. 7 nothing in this .section shall be deemed to prevent an owner of a boiler from applying for a renewal certificate therefor at any time during the currency of a certificates. 1. subs. by act 49 of , s. 9, for 18.58 square metres w.e.f. . earlier it was substituted by act 18 of , s. 8, for two hundred square feet. 2. subs. by s. 9, ibid., for clause d w.e.f. . 3. subs. by s. 9, ibid., for it or any steampipe w.e.f. . 4. subs. by s. 9, ibid., for subsection 3 w.e.f. . 5. subs. by s. 9, ibid., for subsections 4 and 5 w.e.f. .

section 4e. of the boilers act : 14e. inspection during erection.1 the owner who proposes to register a boiler under section 7, shall engage on inspecting authority for carrying out inspection at the stage of erection of the boiler. 2 the inspecting authority shall follow such procedure for inspection and certification of a boiler or boiler component, or both as may be prescribed by regulations and after inspection if it is a satisfied that the erection of the boiler is in accordance with the regulations, it shall issue a certificate of inspection in such form as may be prescribed by regulations or b of the opinion that the boiler has not been erected in accordance with the regulations, it may for reasons to be recorded in writing, refuse to grant the certificate and shall communicate such refusal to the manufacturer of the boiler or boiler component forthwith: provided that no such certificate shall be refused unless the inspecting authority had directed the owner in writing to carry out such modifications or rectifications as it deems necessary and the inspecting authority is of the opinion that in spite of such direction the owner did not carry out the direction. 3 the inspecting authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulations. 1. ins. by act 49 of , s. 5, in respect of section 4a, w.e.f. and in respect of section 4b, 4c, 4d, 4e and 4f w.e.f. .

section 10. of the boilers act : 1 notwithstanding anything hereinbefore contained, when the period of a certificate relating to a boiler has expired, the owner shall, provided that he has applied before the expiry of that period for a renewal of the certificate, be entitled to use the boiler at the maximum pressure entered in the former certificate pending the issue of orders on the application. 2 nothing in subsection 1 shall be deemed to authorize the use of a boiler in any of the cases referred to in clauses b, c, d, c and f of subsection 1 of section 8 occurring after the expiry of the period of the certificate.

section 5. of the boilers act : 15. chief inspector, deputy chief inspectors and inspectors.1 the state government may appoint such persons as it thinks fit to be inspectors for the state for the purposes of this act, and may define the local limits within which each inspector shall exercise the powers and perform the duties conferred and imposed on inspectors by or under this act. 2 the state government may appoint such persons as it thinks fit to be deputy chief inspectors for the state and may define the local limits within which each deputy chief inspector shall exercise his powers and perform his duties under this act. 3 every deputy chief inspector may exercise the powers and perform the duties conferred and imposed on inspectors by or under this act and, in addition thereto, may exercise such powers or perform such duties conferred or imposed of the chief inspector by or under this act, as the state government may assign to him. 4 the state government shall appoint a person to be chief inspector for the state who may, in addition to the powers and duties conferred and imposed on the chief inspector by or under this act, exercise any power or perform any duty so conferred or imposed on deputy chief inspectors or inspectors. 24a no person shall be appointed as the chief inspector, deputy chief inspector or inspector unless he possesses such qualifications and experience as may be prescribed by the central government. 5 subject to the provisions of this act, the deputy chief inspectors and inspectors shall exercise the powers and perform the duties conferred and imposed on them by or under this act under the general superintendence and control of the chief inspector. 6 the chief inspector, deputy chief inspectors and inspectors may offer such advice as they think fit to owners regarding the proper maintenance and safe working of boilers. 7 the chief inspector and all deputy chief inspectors and inspectors shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 18 of , s. 5, for section 5. 2. ins. by act 49 of , s. 6 w.e.f. .

section 12. of the boilers act : no structural alteration, addition or renewal shall be made in or to any boiler registered under this act unless such alteration, addition or renewal has been sanctioned in writing by the chief inspector. 1provided that no such sanction is required where the structural alteration, addition or renewal is made under the supervision of a competent person. 1. ins. by s. 12, ibid. w.e.f. .

section 7. of the boilers act : 1 the owner of any boiler which is not registered under the provisions of this act 1may apply to the inspector along with such other documents as may be prescribed by regulations to have the boiler registered. every such application shall be accompanied by the prescribed fee. 2 on receipt of an application under subsection 1, the inspector shall fix a date, within thirty days or such shorter period as may be prescribed from the date of the receipt, for the examination of the boiler and shall give the owner thereof not less than ten days notice of the date so fixed. 23 on the said date the inspector shall inspect the boiler with a view to satisfying himself that the boiler has not suffered any damage during its transit from the place or manufacture to the site of erection and forward a report of the inspection along with the documents to the chief inspector within seven days. 4 the chief inspector, on receipt of the report, may a register the boiler and assign a register number thereto either forthwith or after satisfying himself that any structural alteration, addition or renewal which he may deem necessary has been made in or to the boiler or any steampipe attached thereto, or b refuse to register the boiler: provided that where the chief inspector refuses to register a boiler, he shall forthwith communicate his refusal to the owner of the boiler together with the reasons therefor. 5 the chief inspector shall, on registering the boiler, order the issue to the owner of a certificate in the prescribed form authorizing the use of the boiler for a period not exceeding twelve months at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under this act: 3provided that a certificate issued under this subsection in respect of an economizer 4or of an unfired boiler which forms an integral part of a processing plant in which steam is generated solely by the use of oil, asphalt or bitumen as a heating medium may authorise its use for a period not exceeding twentyfour months. 6 the inspector shall forthwith convey to the owner of the boiler the orders of the chief inspector and shall in accordance therewith issue to the owner any certificate of which the issue has been ordered, and, where the boiler has been registered, the owner shall within the prescribed period cause the register number to be permanently marked thereon in the prescribed manner. 1. subs. by act 49 of , s. 8, for may apply to the inspector to have the boiler registered w.e.f. . 2. subs. by s. 8, ibid., for subsection 3 w.e.f. . 3. added by act 34 of , s. 4 4. ins. by act 18 of , s. 7.

section 13. of the boilers act : 113. alteration or renewal of boiler component.1 before the owner of any boiler registered under this act makes any structural alteration, addition or renewal in or to any boiler component attached to the boiler, he shall transmit to the chief inspector a report in writing of his intention and send therewith such particulars of proposed alteration, addition or renewal as may be prescribed by regulations. 2 any structural alteration, addition or renewal referred to in subsection 1 shall be made by a person possessing a boiler repairer certificate under the supervision of the competent person. 1. subs. by s. 13, ibid., for section 13 w.e.f. .

section 9. of the boilers act : where the inspector reports the case of any boiler to the chief inspector under subsection 3 of section 7 1 he may, if the boiler is not a boiler the use of which has been prohibited under clause f of subsection 1 of section 8, grant to the owner thereof a provisional order in writing permitting the boiler to be used at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under the act pending the receipt of the orders of the chief inspector. such provisional order shall cease to be in force a on the expiry of six months from the date on which it is granted, or b on receipt of the orders of the chief inspector, or c in any of the cases referred to in clauses b, c, d, e and f of subsection 1 of section 8. and on so ceasing to be in force shall be surrendered to the inspector. 1. the words, brackets and figures or subsection 5 of section 8 omitted by act 49 of , s.10 w.e.f. .

section 11. of the boilers act : the chief inspector may at any time withdraw or revoke any certificate or provisional order on the report of an inspector or otherwise a if there is reason to believe that the certificate or provisional order has been fraudulently obtained or has been granted erroneously or without sufficient examination or b if the boiler in respect of which it has been granted has sustained injury or has ceased to be in good condition or c where the 1central government has made rules requiring that boilers shall be in charge of persons holding 2certificates of proficiency or competency, if the boiler is in charge of a person not holding the certificate required by such rules or 3 4 1. subs. by s. 11, ibid., for state government w.e.f. . 2. subs. by act 18 of , s. 9, for certificates of competency. 3. clause d omitted by act 49 of , s. 11 w.e.f. . 4. proviso omitted by s. 11, ibid. w.e.f. .

section 14. of the boilers act : 1 on any date fixed under this act for the examination of a boiler, the owner thereof shall be bound a to afford to the 2competent person all reasonable facilities for the examination and all such information as may reasonably be required of him b to have the boiler properly prepared and ready for examination in the 3manner prescribed by regulations and c in the case of an application for the registration of a boiler, to provide such drawings, specifications, certificates and other particulars as may be 4prescribed by regulations. 2 if the owner fails, without reasonable cause, to comply with the provisions of subsection 1, the 1competent person shall refuse to make the examination and shall report the case to the chief inspector who shall, unless sufficient cause to the contrary is shown, require the owner to file a fresh application under section 7 or section 8, as the case may be, and may forbid him to use the boiler notwithstanding anything contained in section 10. 1. subs. by s. 13, ibid., for section 13 w.e.f. . 2. subs. by s. 14, ibid., for inspector w.e.f. . 3. subs. by s. 14, ibid., for prescribed manner w.e.f. . 4. subs. bys. 14, ibid., for be prescribed by regulations w.e.f. .

section 15. of the boilers act : the owner of any boiler who holds a certificate or provisional order relating thereto shall, at all reasonable times during the period for which the certificate or order is in force, be bound to produce the same when called upon to do so by a district magistrate, commissioner of police or magistrate of the first class having jurisdiction in the area in which the boiler is for the time being, or by the chief inspector or by an inspector or by any inspector appointed under the 1the factories act, 63 of ,or by any person specially authorized in writing, by a district magistrate or commissioner of police. 1. subs. by s. 15, ibid., for the indian factory act, 12 of w.e.f. .

section 20a. of the boilers act : 120a. power of central government to revise order of appellate authority.1 any person considering himself aggrieved by an order of the appellate authority refusing under section 20 to interfere with an order not to register a boiler or not to grant or renew a certificate in respect thereof on the ground that the boiler does not conform to the regulations made under this act may, within two months of the communication to him of such order, make an application to the central government for a revision of that order on the ground that such boilers are in use in other countries. 2 upon the receipt of such an application, the central government may, after calling for relevant records and other information from the appellate authority and considering the observations, if any, of that authority on the application and after obtaining such technical advice as the central government may consider necessary, pass such order in relation to the application, as the central government thinks fit and, where the revision is allowed, the order shall specify the terms and conditions on which any variations from the regulations made under this act are to be dealt with during the examination of the boiler. 1. ins. by act 18 of , s. 10.

section 16. of the boilers act : if any person becomes the owner of a boiler during the period for which a certificate or provisional order relating thereto is in force, the preceding owner shall be bound to make over to him the certificate or provisional order.

section 17. of the boilers act : an inspector may, for the purpose of inspecting or examining a boiler or any steampipe attached thereto or of seeing that any provision of this act or of any regulation or rule made there under has been or is being observed, at all reasonable times enter any place or building within the limits of the area for which he has been appointed in which he has reason to believe that a boiler is in use.

section 18. of the boilers act : 1 if any accident occurs to a boiler or 1boiler component, the owner or person in charge thereof shall, within twentyfour hours of the accident, report the same in writing to the inspector. every such report shall contain a true description of the nature of the accident and of the injury, if any, caused thereby to the boiler or to the 1boiler component or to any person, and shall be in sufficient detail to enable the inspector to judge of the gravity of the accident. 2 every person shall be bound to answer truly to the best of his knowledge and liability every question put to him in writing by the inspector as to the cause, nature or extent of the accident. 23 without prejudice to the provisions of subsection 1, where any death has resulted due to any accident, an inquiry may be conducted by such person and in such manner as may be prescribed by the central government. 1. subs. by act 49 of , s. 16, for steampipe w.e.f. . 2. ins. by s. 16, ibid. w.e.f. .

section 22. of the boilers act : any owner of a boiler who refuses or without reasonable excuse neglects i to surrender a provisional order as required by section 9, or ii to produce a certificate or provisional order when duly called upon to do so under section 15, or iii to make over to the new owner of a boiler a certificate or provisional order as required by section 16, shall be punishable with fine which may extend to 1five thousand rupees. 1. subs. bys. 20, ibid., for one hundred rupees w.e.f. .

section 19. of the boilers act : 11 any person considering himself aggrieved by a an order made or purporting to be made by an inspector in the exercise of any power conferred by or under this act, or b a refusal of an inspector to make any order or to issue any certificate which he is required or enabled by or under this act to make or issue, may, within thirty days from the date on which such order or refusal is communicated to him, appeal against the order or refusal to the chief inspector. 22 every appeal under subsection 1 shall be made in such manner as may be prescribed by the state government. 3 the procedure for disposing of an appeal shall be such as may be prescribed by the state government. 1. section 19 renumbered as subsection 1 thereof by s. 17, ibid. w.e.f. . 2. ins. by s. 17, ibid. w.e.f. .

section 20. of the boilers act : 11 any person consider himself aggrieved by an original or appellate order of the chief inspector a refusing to register a boiler or to grant or renew a certificate in respect of a boiler or b refusing to grant a certificate having validity for the full period applied for or c refusing to grant a certificate authorizing the use of a boiler at the maximum pressure desired or d withdrawing or revoking a certificate or provisional order or e reducing the amount of pressure specified in any certificate or the period for which such certificate has been granted or f ordering any structural alteration, addition or renewal to be made in or to a boiler or steampipe or refusing sanction to the making of any structural alteration, addition or renewal in or to a boiler, may, within thirty days of the communication to him of such order, 2prefer an appeal to the central government. 32 any person considering himself aggrieved by the refusal of an inspecting authority to grant a certificate of inspection of manufacture or erection, as the case may be, may, within thirty days from the date of communication of such refusal, prefer an appeal to the central government. 3 every appeal under subsection 1 shall be made in such manner as may be prescribed by the central government. 4 the procedure for disposing of an appeal shall be such as may be prescribed by the central government. 1. section 20 renumbered as subsection 1 thereof by, s. 18, ibid. w.e.f. . 2. subs. by s. 18, ibid., for lodge with the chief inspector an appeal to an appellate authority to be constituted by the state government under this act w.e.f. . 3. ins. by s. 18, ibid. w.e.f. .

section 21. of the boilers act : 121. finality of orders.2an order of the central government under sections 20 and 20a, or of the chief inspector, or of a deputy chief inspector, or of an inspector, shall be final and shall not be called in question in any court. 1. subs. by s. 11, ibid., for section 21. 2. subs. by act 49 of , s. 19, for an order of the central government under section 20a and save as otherwise provided in sections 19, 20 and 20a, an order of an appellate authority w.e.f. .

section 23. of the boilers act : any owner of a boiler who, in any case in which a certificate or provisional order is required for the use of the boiler under this act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby, shall be punishable with fine which may extend to 1one lakh rupees, and, in the case of a continuing offence, with an additional fine which may extend to 2one thousand rupees for each day after the first day in regard to which he is convicted of having persisted in the offence. 1. subs. by s. 21, ibid., for five hundred rupees w.e.f. . 2. subs. by s. 21, ibid., for one hundred rupees w.e.f. .

section 24. of the boilers act : any person whoa uses or permits to be used a boiler of which he is the owner and which has been transferred from one state to another without such transfer having been reported as required by section 6, or b being the owner of a boiler fails to cause the registered number allotted to the boiler under this act to be marked on the boiler as required by subsection 6 of section 7, or c makes any structural alteration, addition or renewal in or to a boiler without first obtaining the sanction of the chief inspector when so required by section 12, or to a steampipe without first informing the chief inspector when so required by section 13, or d fails to report an accident to a boiler or steampipe when so required by section 18, or e tampers with a safety valve of a boiler so as to render it inoperative at the maximum pressure at which the use of the boiler is authorized under this act. 1f allows another person to go inside a boiler without effectively disconnecting the same in the prescribed manner from any steam or hot water connection with any other boiler or from fuel mains, shall be 2punishable with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. 1. ins. by act 18 of , s. 12. 2. subs. by act 49 of , s. 22, for punishable with fine which may extend to five hundred rupees w.e.f. .

section 28a. of the boilers act : show related subordinates 128a. power of central government to make rules.21 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 1a in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure to be followed in making applications under section 20a and the fees payable in respect of such application b the qualifications and experience of persons to be appointed as chief inspectors, deputy chief inspectors and inspectors c the manner in which appeals may be preferred to the board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals d the term of office of the members and the manner in which they shall be nominated under clauses b and c of subsection 2 of section 27a e the qualifications and experience of the technical adviser f for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted g the manner in which and the person who shall conduct inquiry into the accident. 2 every rule made under subsection 1 shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 3in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 18 of , s. 16. 2. subs. by act 49 of , s. 26, for subsection 1 w.e.f. . 3. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 25. of the boilers act : 1 whoever removes, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the provisions of this act or any act repealed hereby, shall be punishable with fine which may extend to 1one lakh rupees. 2 whoever fraudulently marks upon a boiler a register number which has not been allotted to it under this act or any act repealed hereby, shall be punishable with imprisonment which may extend to two years, or with 2fine which may extend to one lakh rupees or with both. 1. subs. by s. 23, ibid., for five hundred rupees w.e.f. . 2. subs. by s. 23, ibid., for fine which may extend to one lakh rupees or with both w.e.f. .

section 29. of the boilers act : 11 the state government may, by notification in the official gazette, make rules consistent with this act and the regulations made there under for all or any of the following purposes, namely : 2a the powers and duties of the chief inspector, deputy chief inspectors and inspectors b for regulating the transfer of boilers c for providing for the registration and certification of boilers in accordance with the regulations made under this act 3 e for prescribing the times within which inspectors shall be required to examine boilers under section 7 or section 8 4f fee payable for registration of boilers g for regulating inquires into accidents 5h the manner in which appeals shall be preferred to the chief inspector and the procedure to be followed for hearing such appeals i for determining the mode of disposal of fees, costs and penalties levied under this act and 6 7 82 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. section 29 renumbered as subsection 1 thereof by, s. 2 and the schedule w.e.f. . 2. subs. by act 49 of , s. 27 for clause a w.e.f. . 3. clause d omitted by s. 27, ibid. w.e.f. . 4. subs. by act 49 of , s. 27, for clause f w.e.f. . 5. subs. by s. 27, ibid., for clause h w.e.f. . 6. the proviso rep. by the a.o. . 7. clause j omitted by act 49 of , s. 27, w.e.f. . 8. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 26. of the boilers act : no prosecution for an offence made punishable by or under this act shall be instituted except within1twentyfour months from the date of the commission of the offence and no such prosecution shall be instituted without the previous sanction of the chief inspector. 1. subs. by act 18 of , s. 13, for six months.

section 27. of the boilers act : no offence made punishable by or under this act shall be tried by a court inferior to that of a presidency magistrate or a magistrate of the first class.

section 27a. of the boilers act : 127a. central boilers board.1 a board to be called the central boilers board shall be constituted to exercise the powers conferred by section 28. 22 the board shall consist of the following members, namely: a the secretary to the government of india incharge of the department of the central government having administrative control of the board who shall be the chairperson ex officio b a senior technical officer conversant with the inspection and examination of boilers, to be nominated by the government of each state other than a union territory c equal number of other persons as in subsection b above to represent i central government, ii the bureau of indian standards, iii boiler and boiler component manufacturers, iv national laboratories, v engineering consultancy agencies, vi users of boilers, and vii such other interests which in the opinion of the central government ought to be represented on the board, to be nominated by the central government d technical adviser, membersecretary ex officio. 3 the term of office of the members nominated under clauses b and c of subsection 2 shall be such as may be prescribed by the central government. 34 the board shall have full power to regulate by means of byelaws or otherwise its own producer and the conduct of all business to be transacted by it, the constitution of committees and subcommittees of members and the delegation to them of any of the powers and duties of the board. 5 the powers of the board may be exercised notwithstanding any vacancy in the board. 1. ins. by act 11 of , s. 4. 2. subs. by act 49 of , s. 24, for subsections 2 and 3 w.e.f. . 3. subs. by act 18 of , s. 14, for subsection 4.

section 31a. of the boilers act : 131a. power of central government to give directions.the central government may give such directions as it may deem necessary to a state government regarding the carrying into execution of the provisions of this act, and the state government shall comply with such directions. 1. ins. by act 18 of , s. 19.

section 28. of the boilers act : show related subordinates 11 the 2board may, by notification in the gazette of india, make regulations consistent with this act for all or any of the following purposes, namely: 3a for laying down the standard conditions in respect of material, design, construction, erection, operation and maintenance which shall be required for the purposes of enabling the registration and certification of boilers, boiler components, boiler mountings and fittings under this act b for prescribing the method of determining the maximum pressure at which a boiler may be used c for regulating the registration of boilers, prescribing the fees payable therefore,4and for the inspection and examination of boilers or parts thereof the drawings, specifications, certificates and particulars to be produced by the owner, the method of preparing a boiler for examination, the form of the inspectors report thereon, the method of marking the register number, and the period within which such number is to be marked on the boiler d for regulating the inspection and examination of boilers and 5boiler components, boiler mountings and fittings, and prescribing forms of certificates therefore e for ensuring the safety of persons working inside a boiler and 6ea for prescribing the qualifications and experience subject to which the inspecting authorities, competent authorities and competent persons shall be recognised under this act eb the conditions subject to which and the manner in which manufacturer of boiler components of material may be recognised ec facilities for design and construction which are required to be provided in the premises in which the manufacturing of any boiler or boiler component is carried out ed fee for the purposes of inspection or grant of recognition or any certificate under this act ef procedure for examination and grant of welders certificate eg powers and functions which the board may delegate to the technical adviser eh documents to be enclosed along with the application for registration of boilers or renewal of a certificate authorising the use of boilers ei the manner of inspection of boilers ej the period for which a certificate authorising the use of a boiler may be renewed ek the conditions subject to which and the form in which competent person shall renew a certificate authorising the use of boilers el the manner and the form in which a repairers certificate shall be issued em the manner in which the boiler shall be prepared for examination en drawings, specification, documents and other particulars which owner of a boiler is required to make available to the competent person eo the manner in which a person may be authorised to conduct energy audit and the manner in which such audit shall be conducted ep the manner in which disputes between the states with respect to registration of boilers shall be resolved. f for providing for any other matter which is not, in the opinion of the board, a matter of merely local or state importance. 72 every regulation made under this act shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. section 28 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by act 11 of , s. 5, for g.g. in c.. 3. subs. by 49 of , s. 25, for clause a w.e.f. . 4. ins. by act 18 of , s. 15. 5. subs. by act 49 of , s. 25, for steampipes w.e.f. . 6. ins. by s. 25, ibid. w.e.f. . 7. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 34. of the boilers act : 11 the state government may, by notification in the official gazette, exempt from the operation of this act, subject to such conditions and restrictions as it thinks fit, any boilers or classes or types of boilers used exclusively for the heating of buildings or the supply of hot water. 22 in case of any emergency the state government may by general or special order in writing, exempt any boilers or steampipes or any class of boilers or steampipes or any boiler or steampipe from the operation of all or any of the provisions of this act. 33 if the state government is satisfied that having regard to the material, design or construction of boilers and to the need for the rapid industrialisation of the country, it is necessary so to do, it may, by notification in the official gazette and subject to such conditions as may be prescribed by regulations, exempt any boiler or boiler components in the whole or any part, of the state from the operation of all or any of the provisions of this act. 1. ins. by act 9 of , s. 3. 2. subs. by act 18 of , s. 20, for subsection 2. earlier section 34 was renumbered as subsection 2 of the said act by act 9 of , s.3 3. subs. by act 49 of , s. 30, for subsection 3 w.e.f. .

section 30. of the boilers act : any regulation or rule made under section 28 or section 29 1may direct that a person contravening such regulation or rule shall be punishable, in the case of a first offence, with fine which may extend to 2one thousand rupees, and in the case of any subsequent offence, with fine which may extend to 3one lakh rupees. 1. subs. by act 18 of , s. 18, for certain words. 2. subs. by act 49 of , s. 28, for one hundred rupees w.e.f. . 3. subs. by s. 28, ibid., for one thousand rupees w.e.f. .

section 31. of the boilers act : 1 the power to make regulations and rules conferred by sections 28 and 29 shall be subject to the condition of the regulations and rules being made after previous publication. 2 regulations and rules so made shall be published in the gazette of india and the local official gazette, respectively, and, on such publication, shall have effect as if enacted in this act.

section 32. of the boilers act : all fees cost and penalties levied under this act shall be recoverable as arrears of land revenue.

section 35.. of the boilers act : repeal of enactments.rep. by the repealing act, 12 of s. 2 and the schedule.

section 33. of the boilers act : save as otherwise expressly provided, this act shall apply to boilers and 1boiler components belonging to the government. 1. subs by act 49 of , s. 29, for steampipes w.e.f. .

section 8., under act to be dealt with according to law administered by high court. of the madras city civil court act : all questions which arise in suits or other proceedings under this act in the city court shall be dealt with and determined according to the law for the time being administered by the high court in the exercise of its ordinary original civil jurisdiction.

section 4. of the madras city civil court act : the local government may, by notification in the official gazette, appoint so many persons as it may think fit to be judges of the city court and may, for any misconduct by a like notification, suspend or remove any judge so appointed.

section 9. of the madras city civil court act : when the subjectmatter of any suit or other proceeding is land or a house or a garden, its value for the purposes of the jurisdiction conferred on the city court by this act shall, subject to the other provisions of this act, be fixed in manner provided by the courtfees act, 7 of , section 7, clause v.

section 10. of the madras city civil court act : fees chargeable for serving or executing processes issued by the city court, or served or executed under its direction or control, shall be such as the high court may prescribe with the approval of the governor of fort st. george in council 1 . 1. the words and the sanction of the governor general in council omitted by act 4 of , s. 2 and the schedule, part i, w.e.f. .

section 3. of the madras city civil court act : the local government may, by notification in the official gazette, establish a court, to be called the madras city civil court, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundred rupees in value and arising within the city of madras, except suits or proceedings which are cognizable a by the high court as a court of admiralty or viceadmiralty or as a colonial court of admiralty, or as a court having testamentary, intestate or matrimonial jurisdiction, or b by the court for the relief of inso0lvent debtors, or c by the small cause court.

section 7. of the madras city civil court act : 1 the judge of the city court, or, when the court consists of more than on judge, the principal judge, may from time to time, with the sanction of the local government, appoint as many clerks, bailiffs and other ministerial officers as may be necessary for the administration of justice by the court and for the exercise and performance of the powers and duties conferred and imposed on it by this act or any other law for the time being in force. 2 the officers so appointed shall exercise such powers and discharge such duties of a ministerial nature as the said judge or principal judge may from time to time direct. 3 the said judge or principal judge may, subject to the control of the high court, a suspend or remove any officer so appointed, or b fine any such officer who is guilty of misconduct or neglect in the performance of the duties of his office. 4 any fine imposed on an officer under subsection 3 may be deducted from his salary.

section 1. of the madras city civil court act : show related subordinates 1 this act may be called the madras city civil court act, 1 2 1. the word and omitted by act 17 of , s. 3 and the second schedule w.e.f. . 2. subsection 2 omitted by s. 3 and the second schedule, ibid. w.e.f. . notifications yeardescriptionfiles city civil court act,

section 6. of the madras city civil court act : when the city court consists of more than one judge, a each of the judges may exercise all or any of the powers conferred on the court by this act or any other law for the time being in force b the local government may appoint any one of the judges to be the principal judge and c the principal judge may, from time to time, make such arrangements as he may think fit for the distribution of the business of the court among the various judges thereof.

section 2. of the madras city civil court act : in this act, unless there is something repugnant in the subject or context, 1 city court means the court established under the next following section 2 city of madras means the area within the local limits for the time being of the ordinary original civil jurisdiction of the high court 3 high court means the high court of judicature at madras and 4 small cause court means the court of small causes of madras.

section 5. of the madras city civil court act : 1 every person appointed a judge of the city court shall be, by virtue of his office, a judge of the small cause court with respect to cases cognizable by that court. 2 every such judge shall be liable to perform any duties of a judge of the small cause court which the chief justice of the high court may require him to perform.

section 11. of the madras city civil court act : the powers conferred by chapter xxxvi of the code of civil procedure 14 of , on high courts and district courts as to the appointment of receivers may be exercised by the city court or any judge thereof.

section 18. of the madras city civil court act : 1 the judge of the city court, or, when the court consists of more than one judge, the principal judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the court, and shall submit the same for the approval of the local government. 2 such list, when it has received such approval, shall be published in the official gazette, and the said holidays and vacations shall be observed accordingly.

section 13. of the madras city civil court act : whenever any suit or proceeding in the city court is settled by agreement of the parties before issues have been settled or any evidence recorded, half the amount of the institution fees paid by the plaintiff shall be repaid to him by the court.

section 12.. of the madras city civil court act : amendment of act 15 of , section 31.rep. by the repealing act, 1 of , s. 2 and the schedule w.e.f. .

section 17. of the madras city civil court act : the city court shall use a seal of such form and dimensions as may be for the time being prescribed by the local government.

section 14. of the madras city civil court act : when, under section 13 of the letters patent for the high court, dated the twentyeight day of december, , or under section 25 of the code of civil procedure 14 of , the high court has removed for trial by itself any suit from the city court, fees on the scale for the time being in force in the high court as a court of ordinary original civil jurisdiction shall be payable in that court in respect of the suit and proceedings therein: provided that, in the levy of any such fees which, according to the practice of the court, are credited to the government, credit shall be given to the plaintiff in the suit for any fee which in the city court he has already paid under the courtfees act, , on the plaint.

section 16. of the madras city civil court act : nothing in this act contained shall affect the original civil jurisdiction of the high court: provided that 1 if any suit or other proceeding is instituted in the high court which, in the opinion of the judge who tries the same whose opinion shall be final, ought to have been instituted in the city court, no costs shall be allowed to a successful plaintiff, and a successful defendant shall be allowed his costs as between attorney and client 2 in any suit or other proceeding pending at any time in the high court, and judge of such court may at any stage thereof make an order transferring the same to the city court if in his opinion such suit or proceeding is within the jurisdiction of that court and should be tried therein 3 in any suit or other proceeding so transferred, the courtfees act, 7 of , shall apply, credit being given for any fees levied in the high court.

section 15. of the madras city civil court act : 1 the court authorized to hear appeals from the city court shall be the high court. 2 the period of limitation for an appeal from a decree or order of the city court shall be the same as that provided by law for an appeal from a decree or order of the high court in the exercise of its original jurisdiction.

section 7. of the armed forces special powers act : repeal and saving. rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 1. of the armed forces special powers act : 1 this act may be called 3the armed forces special powers act, . 42 it extends to the whole of the states of 12arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. 1. subs. by act 34 of , s. 40, for meghalaya, nagaland and tripura and the union territories of arunachal pradesh and mizoram w.e.f. . 2. subs. by act 69 of , s. 43, for assam, manipur, meghalaya, mizoram, nagaland and tripura and the union territory of arunachal pradesh w.e.f. . 3. subs. by act 7 of , s. 3, for the armed forces assam and manipur special powers act, w.e.f. . 4. subs. by s. 3,ibid., for subsection 2 w.e.f. .

section 2. of the armed forces special powers act : in this act, unless the context otherwise requires, a armed forces means the military forces and the air forces operating as land forces, and includes any other armed forces of the union so operating b disturbed area means an area which is for the time being declared by notification under section 3 to be a disturbed area c all other words and expressions used herein, but not defined and defined in the air force act, 45 of , or the army act, 46 of , shall have the meanings respectively assigned to them in those acts.

section 3. of the armed forces special powers act : show related subordinates 13. power to declare areas to be disturbed areas.if, in relation to any state or union territory to which this act extends, the governor of that state or the administrator of that union territory or the central government, in either case, is of the opinion that the whole or any part of such state or union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the governor of that state or the administrator of that union territory or the central government, as the case may be, may, by notification in the official gazette, declare the whole or such part of such state or union territory to be a disturbed area. 1. subs. by s. 4, ibid., for section 3 w.e.f. . central government declares whole of the state of nagaland to be disturbed area for a period of six months with effect from 30th december, .

section 6. of the armed forces special powers act : no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act.

section 4. of the armed forces special powers act : any commissioned officer, warrant officer, noncommissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area, a if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances b if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence c arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest d enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

section 5. of the armed forces special powers act : any person arrested and taken into custody under this act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

section 8. of the salaries and allowances of ministers act : there may be paid to any minister by way of a repayable advance such sum of money as may be determined by rules made in this behalf for the purchase of a motorcar in order that he may be able to discharge conveniently and efficiently the duties of his office.

section 3. of the salaries and allowances of ministers act : 13. salaries and daily constituency allowances.1 each minister shall be entitled to receive a salary per mensem, and an allowance for each day during the whole of his term as such minister at the same rates as are specified in section 3 of the salaries, allowances and pension of members of parliament act, 30 of with respect to members of parliament. 2 each minister shall be entitled to receive a constituency allowance at the same rate as is specified under section 8 of the said act with respect to members of parliament. 1 subs. by act 76 of , s. 2, for section 3 w.e.f. .

section 1. of the salaries and allowances of ministers act : show related subordinates this act may be called the salaries and allowances of ministers act, .

section 2. of the salaries and allowances of ministers act : show related subordinates in this act, minister means a member of the council of ministers, by whatever name called, and includes a deputy minister.

section 4. of the salaries and allowances of ministers act : 11 each minister shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of 2one month immediately thereafter, and no charge shall fall on the minister personally in respect of the maintenance of such residence. 32 in the event of death of the minister, his family shall be entitled to the use of the furnished residence occupied by the minister a for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the minister in respect of the maintenance of such residence, and b for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the central government and also charges in respect of electricity and water consumed in that residence during such further period. explanation.for the purposes of this section, residence includes the staff quarters and other buildings appurtenant thereto, and the garden thereof, and maintenance in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water. 1 section 4 renumbered as subsection 1 of that section by act 47 of , s. 2 w.e.f. . 2 subs. by s. 2, ibid., for fifteen days w.e.f. . 3 ins. by s. 2, ibid. w.e.f. .

section 7., to ministers. of the salaries and allowances of ministers act : show related subordinates subject to any rules made in this behalf by the central government, a minister and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the government and also to medical treatment.

section 9. of the salaries and allowances of ministers act : no person in receipt of a salary or allowance under this act shall be entitled to receive any sum out of funds provided by parliament by way of salary or allowance in respect of his membership of either house of parliament.

section 10., of ministers to be conclusive evidence thereof. of the salaries and allowances of ministers act : the date on which any person became or ceased to be a minister shall be published in the official gazette, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a minister on that date for all the purposes of this act.

section 5. of the salaries and allowances of ministers act : 125. sumptuary allowance to ministers.there shall be paid a sumptuary allowance to each minister at the following rates, namely: a the prime minister rupees three thousand per mensem b every other minister who is a member of the cabinet rupees two thousand per mensem c a minister of state rupees one thousand per mensem d a deputy minister rupees six hundred per mensem. 32 notwithstanding anything contained in subsection 1, the sumptuary allowance payable to each minister under that subsection shall be reduced by thirty per cent. for a period of one year commencing from the 1st april, , to meet the exigencies arising out of corona virus covid19 pandemic. 1. subs. by act 44 of , s. 2, for section 5 w.e.f. . 2 . subs. by act 44 of , s. 2, for section 5 w.e.f. . 3. ins. by act 18 of , s. 2 w.e.f. .

section 6. of the salaries and allowances of ministers act : show related subordinates 1 subject to any rules made in this behalf by the central government, a minister shall be entitled to a travelling allowances for himself and the members of his family and for the transport of his and his familys effects i in respect of the journey to delhi from his usual place of residence outside delhi for assuming office, and ii in respect of the journey from delhi to his usual place of residence outside delhi on relinquishing office and b travelling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by sea, land or air. 121a a minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within india, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowance is payable to such minister under clause b of subsection 1 in respect of tours referred to in that clause, subject to a maximum of fortyeight such fares per year: provided that the spouse or legitimate or step children residing with and wholly dependent on the minister, as the case may be, may undertake such journey alone. 2 any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof. 1 ins. by act 76 of , s. 4 w.e.f. . 2 subs. by act 2 of , s. 2, for subsection 1a w.e.f. . rules yeardescriptionfiles ministers allowances, medical treatment and other privileges rules,

section 10a. of the salaries and allowances of ministers act : 110a. exemption from liability to pay incometax on certain perquisites received by a minister.notwithstanding anything contained in the incometax act, 43 of , the value of rent free furnished residence including maintenance thereof provided to a minister under subsection 1 of section 4 shall not be included in the computation of his income chargeable under the head salaries under section 15 of the incometax act, 43 of . 1 ins. by act 76 of , s. 5 w.e.f. .

section 13.. of the salaries and allowances of ministers act : repeal of act 53 of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f. .

section 11. of the salaries and allowances of ministers act : show related subordinates 111. power to make rules. 1 the central government may make rules to carry out the purposes of this act. 2 every rule made under this act after the commencement of the salaries and allowances of ministers amendment act, shall be laid before each house of parliament and no such rule shall come into force until it has been approved, whether with or without modifications, by each house of parliament and published by the central government in the official gazette. 1 subs. by act 37 of , s. 2, for section 11 w.e.f. .

section 12. of the salaries and allowances of ministers act : show related subordinates all salaries paid or payable for the period commencing on the 14th day of may, , and ending with the commencement of this act to ministers described as ministers of cabinet rank but not members of the cabinet, all charges incurred before the commencement of this act in respect of the accommodation provided in any hospital maintained by the central government for or on the medical treatment of any minister or any member of his family and all payments made before such commencement by way of travelling or daily allowances to any deputy minister shall be deemed to have been properly paid, payable or incurred or made.

section 8. of the indian soldiers litigation act : if, after issue of a notice under section 6, the prescribed authority either certifies that the soldier is not serving under special conditions or that such postponement is not necessary, or fails to certify, in the case of a soldier resident in the district in which the court is situate within two months or, in any other case, within three months from the date of the issue of the notice that such postponement is necessary, the court may, if it thinks fit, continue the proceeding.

section 1. of the indian soldiers litigation act : 1 this act may be called the indian soldiers litigation act, . 12 it extends to the whole of india 2. 3 it shall come into force on the first day of april, . 1. subs. by a.o. for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f. .

section 7. of the indian soldiers litigation act : if, on receipt of a notice under section 6, the prescribed authority certifies in the prescribed manner to the court in which the proceeding is pending that the soldier in respect of whom the notice was given is serving under special conditions, and that a postponement of the proceeding in respect of the soldier is necessary, in the interests of justice, the court shall thereupon postpone the proceeding in respect of the soldier for the prescribed period, or, if no period has been prescribed, for such period as it thinks fit.

section 4. of the indian soldiers litigation act : if any person presenting any plaint, application or appeal to any court has reason to believe that any adverse party is an indian soldier who is serving under special conditions, he shall state the fact in his plaint, application or appeal.

section 2. of the indian soldiers litigation act : in this act, unless there is anything repugnant in the subject or context, 1a court means a court other than a criminal court and includes any such tribunal or other authority as may be specified by the central government by notification in the official gazette being a tribunal or authority which is empowered by law to receive evidence on any matter pending before it and on the basis of such evidence to determine, after hearing the parties before it, the rights and obligations of the parties in relation to such matter b indian soldier means any person subject to 2the army act, 46 of , or the air force act, 45 of 3, or the navy act, 62 of c prescribed means prescribed by rules made under this act and d proceeding includes any suit, appeal or application 3e any reference to a decree or order of a court shall be deemed to include a reference to a judgment, determination or award of a court. 1. subs. by act 23 of , s. 2, for cl. a w.e.f. . 2. subs. by act 3 of , s. 3 and the schedule., for certain words. 3. ins. by act 23 of , s. 2. w.e.f. .

section 9. of the indian soldiers litigation act : when any document purporting to be signed by the commanding officer of an indian soldier who is a party to any proceeding is produced by or on behalf of the soldier before the court in which the proceeding is pending and is to the effect that the soldier a is on leave of absence for a period not exceeding two months, and is on the expiration of his leave to proceed on service under special conditions, or b is on sick leave for a period not exceeding three months, and is on the expiration of his leave to rejoin his unit with a view to proceeding on service under special conditions, the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to 1subsection 1 of section 6 and shall, in any other case, be postponed in the manner provided in section 7. . subs. by ordinance 64 of , s. 4, for section 6.

section 3. of the indian soldiers litigation act : for the purposes of this. act, an indian soldier shall be deemed to be or, as the case may be, to have been serving a under special conditionswhen he is or has been serving under war conditions, or overseas, or at any place 1beyond india 2or at any such place within india as may be specified by the central government by notification in the official gazette b under war conditionswhen he is or has been, at any time during the continuance of any hostilities declared by the central government by notification in the official gazette to constitute a state of war for the purposes of this act or at any time during a period of six months thereafter, i serving out of india, ii under orders to proceed on field service, iii serving with any unit which is for the time being mobilised, or iv serving under conditions which, in the opinion of the prescribed authority, preclude him from obtaining leave of absence to enable him to attend a court as a party to any proceeding, or when he is or has been at any other time serving under conditions service under which has been declared by the central government by notification in the official gazette to be service under war conditions and 3c overseaswhen he is or has been serving in any place outside india other than ceylon the journey between which and 4india is ordinarily undertaken wholly or in part by sea. 5explanation.for the purposes of this section and with effect from the 3rd day of september, , , a soldier who is or has been a prisoner of war shall be deemed to be or to have been serving under war conditions. 1. subs. by the a.o. , for certain words. 2. ins. by act 23 of , s. 3. 3. subs. by the a.o. , for clausec. 4. subs. by the a.o. , for british india. 5. ins. by ordinance 64 of , s. 2.

section 6. of the indian soldiers litigation act : 11 if a collector has certified under section 5, or if the court has reason to believe, that an indian soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the court shall suspend the proceeding, and shall give notice thereof in the prescribed manner to the prescribed authority: provided that the court may refrain from suspending the proceeding and issuing the notice if a the proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing a right of preemption, or b the interests of the soldier in the proceeding are, in the opinion of the court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature. 22 if it appears to the court before which any proceeding is pending that an indian soldier though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the court may suspend the proceeding and shall give notice thereof in the prescribed manner to the prescribed authority. 1. s. 6 renumbered as subsection 1 of that section by s. 3, ibid. 2. ins. by s.3, ibid.

section 11. of the indian soldiers litigation act : 111. modification of law of limitation where indian soldier or his legal representative is a party.in computing the period of limitation prescribed by subsection 2 of section 10 of this act, the indian limitation act, 9 of or any other law for the time being in force, for any suit, appeal or application to a court, any party to which is or has been an indian soldier, or is the legal representative of an indian soldier, the period during which the soldier has been serving under any special conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his nextofkin by the authorities in india, shall be excluded: provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of preemption 2 3except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area as the central government may, by notification in the official gazette, specify in this behalf. 1. subs. by s. 6, for s. 11. 2. added by ordinance 14 of , s. 2. 3. subs. by act 18 of , s. 2, for certain words.

section 5. of the indian soldiers litigation act : if any collector has reason to believe that any indian soldier, who ordinarily resides or has property in his district and who is a party to any proceeding pending before any court, is unable to appear therein, the collector may certify the facts in the prescribed manner to the court.

section 14a.. of the indian soldiers litigation act : power to apply the provisions of the act to members of the forces maintained by any part b state. rep. by the adaptation of laws no. 3 order, .

section 10. of the indian soldiers litigation act : 1 in any proceeding before a court in which a decree or order has been passed against any indian soldier 1 whilst he was serving under any special conditions, the soldier 2or, if he is dead, his legal representative may apply to the court which passed the decree or order for an order to set aside the same, and, if the court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly. 32 the period of limitation for an application under subsection 1 shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order and the provisions of section 5 of the indian limitation act, 9 of shall apply to such applications. 3 when the decree or order in respect of which an application under subsection 1 is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any of the parties against whom it has been made. 4 where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be. 1. certain words omitted by s. 5, ibid. 2. ins. by s. 5, ibid. 3. subs. by s. 5, ibid., for subsection 2.

section 12. of the indian soldiers litigation act : 112. power of court to refer questions to prescribed authorities.if any court is in doubt whether, for the purposes of section 10 or section 11, an indian soldier is or was at any particular time serving under special conditions, or has died while so serving, or as to the date of such death or as to the date on which official intimation of such death was sent to his nextofkin by the authorities in india, the court may refer the point for the decision of the prescribed authority, and the certificate of that authority shall be conclusive evidence on the point. 1. subs. by ordinance 64 of , s. 7.

section 15.. of the indian soldiers litigation act : repeal of acts ix of and xii of . rep. by the repealing act, 12 of , s. 2 and the sch.

section 13. of the indian soldiers litigation act : show related subordinates 11 the 2central government 3 may, by notification in the official gazette make ruless to provide for all or any of the following matters, namely: a the manner and form in which any notice or certificate under this act shall be given b the period for which proceedings or any class of proceedings shall be postponed under section 7 c the persons who shall be the prescribed authorities for the purposes of this act d any other matter which is to be or may be prescribed and e generally, any matters incidental to the purposes of this act. 42 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. s. 13 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by a.o. , for l.g.. 3. the words after consulting the high court concerned omitted by act 23 of , s. 4. 4. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 14. of the indian soldiers litigation act : 11 2as respects the state public services, the state government, and in other cases, the central government may, by notification in the official gazette, direct that all or any of the provisions of this act shall apply to any other class of persons in the service of government specified in such notification in the same, manner as they apply to indian soldiers, 32 where, under this section, the state government has directed that all or any of the provisions of this act shall apply to any class of persons in the service of government, the powers vested in the central government by section 3 and section 13 shall be exercised in respect of that class of persons by the state government. 1. s. 14 renumbered as subsection 1 of the section by ordinance 64 of , s. 8. 2. subs. by the a.o. , for the g.g. in c.. 3. ins. by ordinance 64 of , s. 8.

section 8. of the coal mines labour welfare fund repeal act : notwithstanding the repeal of the act, the proceeds of duty levied before the appointed day under section 3 of the act, i if collected by the collecting agencies but not paid into the reserve bank of india and ii if not collected by the collecting agencies, shall be paid or, as the case may be, collected and paid, into the reserve bank of india for being credited to the consolidated fund of india.

section 1. of the coal mines labour welfare fund repeal act : 1 this act may be called the coal mines labour welfare fund repeal act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st october, , vide notification no. s.o. 681e, dated 19th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the coal mines labour welfare fund repeal act : on the appointed day, the coal mines labour welfare fund act, shall stand repealed, and the coal mines labour housing board shall stand dissolved.

section 7., of the fund to be credited to the consolidated fund of india. of the coal mines labour welfare fund repeal act : on the appointed day, all moneys and cash balances lying in the credit of the housing account and the general welfare account of the coal mines labour housing and general welfare fund constituted under section 4 of the act, shall become part of, and be credited to, the consolidated fund of india.

section 2. of the coal mines labour welfare fund repeal act : in this act, unless the context otherwise requires, a the act means the coal mines labour welfare fund act, 32 of b appointed day means the date on which this act comes into force c housing board means the coal mines labour housing board constituted under section 6 of the act.

section 5. of the coal mines labour welfare fund repeal act : notwithstanding anything contained in section 4, the central government may, if it is satisfied that a government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by an order in writing, that the right, title and interest of the housing board in relation to any property shall, instead of continuing to vest in it, vest in the government company hereinafter referred to as the government company either on the date of publication of the direction or on such earlier or later date not being a date earlier than the appointed day as may be specified in the direction, and on such vesting, the liability or obligation, as the case may be, of the housing board, in relation to such property shall, instead of continuing to be the liability or obligation of the central government, become the liability or obligation, as the case may be, of the government company.

section 6., against central government. of the coal mines labour welfare fund repeal act : 1 if, on the appointed day, any suit appeal or other proceeding of whatever nature in relation to the housing board is pending by or against such board, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the housing board but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the central government or the government company, as the case may be. 2 where, before the appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the housing board, and the institution of any suit or proceeding on such cause of action or the filing of such appeal was not barred before the appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the central government or the government company, as the case may be.

section 4. of the coal mines labour welfare fund repeal act : on the dissolution of the housing board, a all rights and privileges of the housing board shall become the rights and privileges, respectively, of the central government b all properties, movable and immovable, including cash balances, reserve funds, investments and moneys lying to the credit of the housing board and all rights and interests in, or arising out of, such properties as were immediately before the appointed day, in the ownership, possession, power or control of the housing board, and all books of account, registers and records and all other documents of whatever nature relating thereto, shall vest in the central government c all the borrowings, liabilities and obligations of the housing board of whatever kind and subsisting immediately before the appointed day, shall be deemed on and from such day to be the borrowings, liabilities and obligations, as the case may be, of the central government d all contracts entered into, and all matters and things engaged to be done by, with or for, the housing board and subsisting immediately before the appointed day shall be deemed, on and from such day to have been entered into or engaged to be done by, with or for, the central government e all licences and permits granted to the housing board and in force immediately before the appointed day shall be deemed on and from such day to have been granted to the central government and shall have effect accordingly.

section 8. of the union territories separation of judicial and executive functions act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government, in consultation with the high court having jurisdiction in relation to the union territory concerned, may, by order, do anything including the specification of the appropriate magistrate, whether judicial or executive, having jurisdiction under any law not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of three years from the commencement of this act. explanation. in this section, high court shall have the same meaning as in clause i of subsection 1 of section 4 of the code of criminal procedure, 5 of . 2 every order made under subsection 1 shall be laid, as soon as may be after it is made before each house of parliament.

The Union Territories (Separation of Judicial and Executive Functions) Act, 1969

section 1. of the union territories separation of judicial and executive functions act : show related subordinates 1 this act may be called the union territories separation of judicial and executive functions act, . 2 it extends to all union territories except the union territory of chandigarh. 3 it shall come into force in a union territory to which it extends on such date1 as the central government may, by notification in the official gazette, appoint in respect thereof: provided that different dates may be appointed for different areas in a union territory and any reference to the commencement of this act in relation to a union territory or an area therein shall mean the date on which it comes into force in that union territory or area. 1. 2nd october, , vide notification no. s.o. , dated 17th september, in respect of the union territory of delhi. 1st march, , vide notification no s.o. 384, dated 29 january, in respect of union territory of laccadive, minicoy and amindive islands.

section 7. of the union territories separation of judicial and executive functions act : 1 save as provided in this section, nothing in this act shall be deemed to affect a the validity, invalidity, effect or consequence of anything done or suffered to be done before the commencement of this act b any right, privilege obligation or liability already acquired, accrued or incurred before such commencement c any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such commencement d any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penality, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this act and the code of criminal procedure, 5 of , as amended by this act. 2 all legal proceedings pending before a magistrate or court immediately before the commencement of this act shall, if such magistrate or court ceases to have jurisdiction in respect of such proceedings under the provisions of the code of criminal procedure, 5 of as amended by this act, stand on such commencement transferred to the magistrate or court having jurisdiction under the provisions of the code of criminal procedure, 5 of , as amended by this act and shall be heard and disposed of by such magistrate or court and such magistrate or court shall have all the powers and jurisdiction in respect thereof as if they had been originally instituted before such magistrate or in such court, including the power of the succeeding magistrate under section 350 of the code of criminal procedure, 5 of . 1. see now the code of criminal procedure, 2 of .

section 2. of the union territories separation of judicial and executive functions act : in sections 3 to 9, union territory means any union territory other than the union territory of chandigarh.

section 6. of the union territories separation of judicial and executive functions act : on the commencement of this act in the transferred areas in the union territory of himachal pradesh, the punjab separation of judicial and executive functions act, punjab act 25 of and the code of criminal procedure, 5 of , as in force immediately before such commencement in the said areas shall stand repealed except as respects things done or omitted to be done before such repeal under the said punjab act or under the provisions of the laws amended by the said punjab act and section 6 of the general clauses act, 10 of , shall apply upon such repeal as if such repeal were a repeal of an enactment by a central act and on such commencement, the said code as amended by this act shall extend to, and come into force in, the said areas and the provisions of the laws other than the said code amended by the said punjab act shall have effect in the said areas as if such provisions had not been amended by the said punjab act. explanation.in this section, transferred areas means the territories added to the union territory of himachal pradesh by subsection 1 of section 5 of the punjab reorganisation act, 31 of , except the territories comprised in the districts of lahaul and spiti. 1. see now the code of criminal procedure, 2 of .

section 9. of the union territories separation of judicial and executive functions act : notwithstanding anything contained in section 21 of the government of union territories act, 20 of , the legislative assembly of a union territory may by law amend this act in its application to that union territory.

section 5. of the union territories separation of judicial and executive functions act : where under any law the functions exercisable by a magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, such functions shall, subject to the provisions of this act and the code of criminal procedure, 5 of as amended by this act, be exercisable by a judicial magistrate and where such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive magistrate. 1. see now the code of criminal procedure, 2 of .

section 3. of the union territories separation of judicial and executive functions act : for the purpose of separation of judicial and executive functions, the code of criminal procedure, 5 of , shall in its application to a union territory, be amended in the manner and to the extent specified in the schedule. 1. see now the code of criminal procedure, 2 of .

section 4., before commencement of act. of the union territories separation of judicial and executive functions act : the provisions of this act which amend the code of criminal procedure, 5 of , so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, byelaw, rule or regulation duly made or issued or anything duly done before the commencement of this act, and any such notification, order, commitment, attachment, byelaw, rule or regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances, as if it had been duly made, issued or done after the commencement of this act by the competent authority and in accordance with the provisions then applicable to such case. 1. see now the code of criminal procedure, 2 of .

section 4d. of the small industries development bank of india act : 14d. reduction of share capital.1 the small industries bank may, with the prior approval of the central government, by a resolution passed in a general meeting of the shareholders, reduce its share capital in any way. 2 without prejudice to the generality of the foregoing power, the share capital may be reduced by a extinguishing or reducing the liability on any of its equity shares in respect of the share capital not paidup b either with or without extinguishing or reducing liability on any of its equity shares, cancelling any paidup share capital which is lost, or is unrepresented by available assets or c either with or without extinguishing or reducing liability on any of its equity shares, paying off any paidup share capital which is in excess of the wants of the small industries bank. 3 in any general meeting referred to in subsection 1, the resolution for reduction of share capital shall be passed by shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of the votes, if any, cast against the resolution by shareholders so entitled and voting. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 1. of the small industries development bank of india act : 1 this act may be called the small industries development bank of india act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification, appoint and different dates may be appointed for different provisions of this act. 1. 7th march, , vide notification no. s.o. 197e, dated 7th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the small industries development bank of india act : in this act, unless the context otherwise requires, a board means the board of directors of the small industries development bank of india referred to in section 5 1 b chairman and managing director means the chairman and managing director referred to in clause a of subsection 1 of section 6 c court means the high court within the local limits of whose jurisdiction, i the defendant or respondent or, where there is more than one defendant or respondent, any one of them 1 has his registered office, or 2 carries on the whole or part of his business, at the time of commencement of any legal proceedings against him under this act, or ii the cause of action for such legal proceedings, wholly or in part, arises d development bank means the industrial development bank of india established under section 3 of the industrial development bank of india act, 18 of e director means a director nominated under subsection 1 of section 6 and includes the 2 chairman and managing director and wholetime director f export means export from india of products or services of any industrial concern in smallscale sector 3 fa general insurance corporation means the general insurance corporation of india formed under section 9 of the general insurance business nationalisation act, 57 of g import means import into india of services or goods including all materials, commodities and articles in a solid, liquid or gaseous state and all forms of energy for the use of any industrial concern in the smallscale sector 4 h industrial concern in the small scale sector means any concern engaged or to be engaged in, i the manufacture, preservation or processing of goods ii shipping iii mining including development of mines iv the hotel industry v the transport of passengers or goods by road or by water or by air or by ropeway or by lift vi the generation, storage or distribution of electricity or any other form of energy vii the maintenance, repair, testing or servicing of machinery or equipment of any description or vehicles or vessels or motor boats or trailers or tractors viii assembling, repairing or packing any article with the aid of machinery or power ix the setting up of, or development of, an industrial area or an industrial estate x fishing or providing shore facilities for fishing or maintenance thereof xi providing special or technical knowledge or other services for the promotion of industrial growth xii providing engineering, technical, financial, management, marketing or other services or facilities for industry xiii service industry such as altering, ornamenting, polishing, finishing, oiling, washing, cleaning or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal xiv providing medical, health or other allied services xv providing services relating to information technology, telecommunication or electronics xvi leasing, subleasing or giving on hirepurchase of industrial plants, equipments, machinery or other assets including vehicles, ships and aircraft xvii such other activity as the central government may, having regard to the objects of this act, by notification, specify in this behalf or xviii the research and development of any concept, technology, design, process or product whether in relation to any of the matters aforesaid, including any activities specified under subclause xvii, or any other matter and which is regarded as a smallscale undertaking under section 11b of the industries development and regulation act, 65 of explanation.the expression processing of goods includes any art or process for producing, preparing or making an article by subjecting any material to a manual, mechanical, chemical, electrical or any other like operation. 5 ha life insurance corporation means the life insurance corporation of india established under section 3 of the life insurance corporation act, 31 of 6 j national small industries corporation means the national small industries corporation limited registered under the companies act, 1 of k notification means a notification published in the official gazette l prescribed means prescribed by regulations made under this act 7 la public sector bank means the state bank of india constituted under the state bank of india act, 23 of , a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of , a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of 8 lb reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of lc scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of m small industries bank means the small industries development bank of india established under subsection 1 of section 3 n state small industries corporation means a state corporation, registered under the companies act, 1 of , for small industries in a state o state financial corporation means a financial corporation established under section 3 or section 3a or an institution notified under section 46 of the state financial corporations act, 63 of p state industrial development corporation means a state corporation registered under the companies act, 1 of for the development of industries in a state 9 1. subs by act 7 of , s. 2, for clause b w.e.f. . 2. subs, by s. 2, ibid., for managing director w.e.f. . 3. ins. by s. 2, ibid. w.e.f. . 4. subs. by act 53 of , s. 2, and the schedule w.e.f. . 5. ins. by act 7 of , s. 2 w.e.f. . 6. clause i omitted by s. 2, ibid. w.e.f. . 7. ins. by act 7 of , s. 2 w.e.f. . 8. ins. by act 53 of , s. 12 and the schedule w.e.f. . 9. clause q omitted by s. 12 and the schedule, ibid. .

section 3. of the small industries development bank of india act : 1 with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, a corporation to be known as the small industries development bank of india. 2 the small industries bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by that name, sue or be sued. 3 the head office of the small industries bank shall be at lucknow or at such other place as the central government may, by notification, specify. 4 the small industries bank shall establish offices, branches or agencies at any place in or outside india.

section 4c. of the small industries development bank of india act : 14c. issued capital.1 the issued capital, of the small industries bank, of four hundred and fifty crores of rupees, immediately before the commencement of the small industries development bank of india amendment act, , shall, on such commencement, stand divided into fortyfive crores equity shares of rupees ten each. 2 the board may, from time to time, increase the issued equity share capital or redeemable preference share capital of the small industries bank by allotment of shares to such persons and on such terms and conditions as the board may determine: provided that no increase in the issued equity capital shall be made in such a manner that the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government, hold in aggregate at any time, less than fiftyone per cent. of the issued equity share capital of the small industries bank. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 4. of the small industries development bank of india act : 14. authorised capital.the authorised capital of the small industries bank shall be one thousand crores of rupees divided into seventyfive crores fully paidup equity shares of rupees ten each and twentyfive crores of fully paidup redeemable preference shares of rupees ten each: provided that the central government may, on the recommendation of the board, by notification, increase the authorised capital to an amount not exceeding two thousand crores of rupees consisting of such number of equity shares and redeemable preference shares as it may deem fit. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 5. of the small industries development bank of india act : 15. management.1 the general superintendence, direction and management of affairs and business of the small industries bank shall vest in a board of directors which may exercise all powers and do all such acts and things as may be exercised or done by the small industries bank and are not by this act expressly directed or required to be done by the small industries bank in general meeting. 2 the board may direct that any power exercisable by it under this act shall also be exercisable in such cases and subject to such conditions, if any, as may be specified by it, by the chairman and managing director or the wholetime directors. 3 subject to the provisions of this act, the board in discharging its functions shall act on business principles with due regard to public interest. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 4a. of the small industries development bank of india act : 14a. conversion of equity shares into redeemable preference shares.1 the central government may, at any time after the commencement of the small industries development bank of india amendment act, , by notification, convert such number of equity shares held by the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government, not exceeding twentyfive crores, as it may decide, into redeemable preference shares: provided that such conversion shall in no case reduce the equity shares held in aggregate by the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government to less than fiftyone per cent. 2 the redeemable preference shares referred to in subsection 1 shall a carry such fixed rate of dividend as the central government may specify at the time of such conversion, and b neither be transferable nor carry any voting rights. 3 the redeemable preference shares referred to in subsection 1 shall be redeemed by the small industries bank within three years from the date of such conversion in such instalments and in such manner as the board may determine. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 4b. of the small industries development bank of india act : 14b. transfer of capital.on such date as the central government may, in consultation with the development bank, by notification, specify hereinafter referred to as the specified date, not less than fiftyone per cent. of the issued capital of the small industries bank which has been subscribed by the development bank as on the date immediately preceding the specified date shall, stand transferred to, and vested in, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government in such proportion, manner and on such terms and conditions as may be determined by that government. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 6. of the small industries development bank of india act : 16. constitution of board.1 the board shall consist of the following, namely: a a chairman and managing director appointed by the central government b two wholetime directors appointed by the central government c two directors who shall be officials of the central government nominated by the central government d three directors to be nominated in the prescribed manner by the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government e three directors, including one director from the officials of the state financial corporations, nominated by the central government from amongst the persons having special knowledge of, or professional experience in, science, technology, economics, industry, banking, industrial cooperatives, law, industrial finance, investment, accountancy, marketing or any other matter, the special knowledge of, or professional experience in, which would, in the opinion of the central government, be useful to the small industries bank f such number of directors not exceeding four elected in the prescribed manner, by shareholders, other than the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government, whose names are entered in the register of shareholders of the small industries bank ninety days before the date of the meeting in which such election takes place on the following basis, namely: i where the total amount of equity share capital issued to such shareholders is ten per cent. or less of the total issued equity share capital, two directors ii where the total amount of equity share capital issued to such shareholders is more than ten per cent. but less than twentyfive per cent. of the total issued equity share capital, three directors and iii where the total amount of equity share capital issued to such shareholders is twentyfive per cent. or more of the total issued equity share capital, four directors: provided that if the percentage of holding of issued equity share capital with the shareholders, other than the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government, does not permit election of four directors or until the assumption of charge by the elected directors, the board may at any time coopt such number of directors, not exceeding four, from amongst the persons having special knowledge of, or professional experience in, science, technology, economics, industry, banking, industrial cooperatives, law, industrial finance, investment, accountancy, marketing or any other matter, the special knowledge of, or professional experience in, which would, in the opinion of the board, be useful to the small industries bank for carrying out its functions, who shall hold office until the assumption of charge by the elected directors and an equal number of such coopted directors shall retire in the order of cooption. 2 the chairman and managing director and the wholetime directors shall hold office for such term not exceeding five years as the central government may specify in this behalf and any person so appointed shall be eligible for reappointment. 3 notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the term of office of the chairman and managing director or the wholetime director, as the case may be, at any time before the expiry of the term specified under subsection 2 by giving him notice of not less than three months in writing or three months salary and allowances in lieu of such notice and the chairman and managing director or the wholetime director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under subsection 2 by giving, the central government, notice of not less than three months in writing. 4 the chairman and managing director and the wholetime directors shall receive such salary and allowances, as may be determined by the central government. 5 the central government may, at any time, remove the chairman and managing director or the wholetime director, as the case may be, from office: provided that no person shall be removed from his office, under this subsection, unless he has been given an opportunity of showing cause against his removal. 6 every director nominated under clauses c, d and e of subsection 1, shall hold office during the pleasure of the authority nominating him. 7 subject to the provisions of subsection 6, a every director nominated under clauses d and e of subsection 1 shall hold office for such term not exceeding three years as the central government, or the authority nominating him, as the case may be, may specify in this behalf and thereafter until his successor assumes office, and shall be eligible for renomination: provided that no such director shall hold office continuously for a period exceeding six years and b every director elected under clause f of subsection 1 shall hold office for three years and thereafter until his successor assumes office and shall be eligible for reelection: provided that no such director shall hold office continuously for a period exceeding six years. 8 the shareholders, other than the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government may, after giving the director a reasonable opportunity of being heard in the manner as may be prescribed, by resolution passed by majority of the votes of such shareholders holding in the aggregate not less than onehalf of the equity share capital held by such shareholders, remove any director elected under clause f of subsection 1 and elect another director in his place to fill the vacancy so caused. 9 i a meeting of the board shall be held at least once in every three months and at least four meetings shall be held every year and the meetings may be held at such places as may be prescribed. ii notice of every meeting of the board shall be given in writing to every director for the time being in india, and at his usual address in india to every other director. 10 subject to the provisions contained in this chapter, the board may meet at such times and places and shall observe such rules of procedure in regard to transaction of its business including the manner of adoption of resolutions as may be prescribed. 11 the chairman and managing director, if for any reason, is unable to attend a meeting of the board, any other director nominated by the chairman and managing director in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves, shall preside at the meeting. 12 all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman and managing director, or in his absence, the person presiding, shall have a second or casting vote. 13 save as provided in subsection 12, every director of the board shall have one vote. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 4e. of the small industries development bank of india act : 14e. restriction on exercising of voting right.every shareholder of the small industries bank holding equity shares shall have a right to vote in respect of such shares on every resolution and his voting right on a poll shall be in proportion to his share of the paidup equity share capital of the small industries bank: provided, however, that no shareholder, other than the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government, shall be entitled to exercise voting rights in respect of any equity shares held by him in excess of ten per cent. of the issued equity share capital. 1. subs. by act 7 of , s. 3, for sections 4 to 6 w.e.f. .

section 8. of the small industries development bank of india act : 18. disqualifications of directors. a person shall not be eligible for being elected as a director under clause f of subsection 1 of section 6, if he a has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force b is an undischarged insolvent c has applied to be adjudicated as an insolvent and his application is pending d has been convicted by a court of competent jurisdiction, of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence or e has not paid any call in respect of shares of the small industries bank held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call. 1. subs. by act 7 of , s. 5, for sections 8 and 9 w.e.f. .

section 7.. of the small industries development bank of india act : 7. managing director.omitted by the small industries development bank of india amendment act, 7 of s. 4 w.e.f. .

section 12a. of the small industries development bank of india act : 112a. fees and allowances of directors and members of committees.the directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attending the meetings of the board or of any committee constituted in pursuance of this act and for attending to any other work of the small industries bank: provided that no fees shall be payable to the chairman and managing director or to the wholetime directors or to any other director who is an official of the government. 1. subs. by act 7 of , s. 7, for section 12 w.e.f. .

section 9. of the small industries development bank of india act : 19. vacation and resignation of office by directors.1 the office of a director shall become vacant if he a becomes subject to any of the disqualifications mentioned in section 8 or b resigns his office by giving notice in writing under his hand and the resignation is accepted or c absents himself from three consecutive meetings of the board without obtaining leave of absence from the board. 2 notwithstanding anything contained in clause a of subsection 1, the disqualifications referred to in that clause shall not take effect a for thirty days from the date of the adjudication, sentence or order b where any appeal or petition is preferred within thirty days aforesaid against the adjudication, sentence or conviction resulting in the sentence or order until the expiry of seven days from the date on which such appeal or petition is disposed of or c where within the seven days aforesaid, any further appeal or petition is preferred in respect of the adjudication, sentence, conviction or order and the appeal or petition, if allowed, would result in the removal of the disqualification, until such further appeal or petition is disposed of. 1. subs. by act 7 of , s. 5, for sections 8 and 9 w.e.f. .

section 10.. of the small industries development bank of india act : 10. causal vacancies in office of managing director.omitted by the small industries development bank of india amendment act, 7of s. 6 w.e.f. .

section 15. of the small industries development bank of india act : 1 the small industries bank may, for the purpose of carrying out its functions under this act, a issue and sell bonds and debentures with or without the guarantee of the central government b borrow money from the reserve bank i repayable on demand or on the expiry of the fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india ii against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions, bearing two or more good signatures and maturing within five years from the date of the borrowing iii out of the national industrial credit long term operations fund established under section 46c of the reserve bank of india act, 2 of , for any of the purposes specified in that section c borrow money from the development bank or such other authority, organisation or institution as may be generally or specially 1approved by the board d accept deposits repayable after the expiry of such period and on such terms as may be generally or specially 1approved by the board. 2 the central government may, on a request being made to it by the small industries bank, guarantee the bonds and debentures issued by that bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that government. 1. subs. by act 7 of , s. 9, for approved by the development bank w.e.f. .

section 11.. of the small industries development bank of india act : 11. meetings of the board.omitted by s. 6, ibid. w.e.f. .

section 12. of the small industries development bank of india act : 112. executive committee and other committees. 1 the board shall constitute an executive committee consisting of the chairman and managing director, the wholetime directors and such other directors as it may deem fit. 2 the executive committee shall discharge such functions as may be prescribed or as may, without prejudice to the provisions contained in section 34, be delegated to it by the board. 3 the board may constitute such other committees whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons for such purpose or purposes as it may think fit. 4 the executive committee or any other committee constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 1. subs. by act 7 of , s. 7, for section 12 w.e.f. .

section 13. of the small industries development bank of india act : 1 the small industries bank shall function as the principal financial institution for the promotion, financing and development of industrial concerns in the smallscale sector and shall also coordinate the functions of institutions engaged in promoting, financing and developing the industrial concerns in the smallscale sector and may carry on and transact any of the following business, namely: 1i granting loans and advances to any state financial corporation, state industrial development corporation, state small industries corporation, scheduled bank, state cooperative bank or such other financial institutions, approved by the board in this behalf, by way of refinance on such terms and conditions as it may deem fit to impose, of any loans or advances granted to industrial concerns in the smallscale sector by such corporation, bank, or institution or, of any loans or advances granted by the state financial corporation or state industrial development corporation to any other industrial concern, which are repayable within a period not exceeding twentyfive years ii accepting, discounting or rediscounting bills of exchange and promissory notes made, drawn, accepted or endorsed by industrial concerns in the smallscale sector or by any person selling products manufactured by an industrial concern in the smallscale sector iii subscribing to, or purchasing stocks, shares bonds or debentures of, any state financial corporation, state industrial development corporation, state small industries corporation, national small industries corporation or 2such other financial institutions as may be approved by the board in this behalf iv granting lines of credit or loans and advances to any state financial corporation, state industrial development corporation, state small industries corporation, national small industries corporation or 2such other financial institutions as may be approved by the board in this behalf v granting loans and advances to any industrial concern in the smallscale sector or subscribing to, or purchasing, or underwriting the issue of stocks, shares, bonds or debentures of, any such concern: provided that nothing contained in this clause shall be deemed to preclude the small industries bank from granting loans or advances to, or subscribing to the debentures of, an industrial concern in the smallscale sector, the amounts outstanding thereon may be convertible at the option of the small industries bank into stocks or shares of that concern within the period of loan, advance or debenture is repayable. explanation.in this clause, the expression the amounts outstanding thereon used in relation to any loan or advance, shall mean the principal, interest and other charges payable on such loan or advance as at the time when the amounts are sought to be converted into stocks or shares vi granting loans and advances a to any person exporting or b to any person outside india, in connection with the export or c for the execution of turnkey projects outside india by any industrial concern in the smallscale sector vii granting loans and advances to a scheduled bank or any other bank or such financial institutions 3approved by the board in this behalf, by way of refinance of loans and advances granted by it for purposes of export viii accepting, collecting, discounting, rediscounting, purchasing, selling or negotiating in or outside india, bills of exchange or promissory notes arising out of transactions, relating to export or import and granting of loans and advances in or outside india against such bills or promissory notes ix granting, opening, issuing, confirming or endorsing letters of credit and negotiating or collecting bills or other documents drawn thereunder x granting lines of credit to the government of any foreign state or any financial institution or person outside india for the purpose of export or import xi financing export from or import into india of machinery, equipment or other assets including vehicles, ships and aircrafts on lease, sublease or hire purchase basis by or for any industrial concern in smallscale sector xii buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of the functions of the small industries bank xiii opening of any account in any bank in or outside india or making of any agency arrangements with, or acting as an agent or correspondent of, any bank or other institution in or outside india xiv transferring for consideration any instrument relating to loans and advances granted by it to any industrial concern in the smallscale sector xv granting loans and advances to any person for purposes of investment in any industrial concern in the smallscale sector xvi guaranteeing loans raised from, or credit arrangements made with, any bank, financial institution or other lending agency in any country outside india in foreign currency, with the approval of the central government, by industrial concern in the smallscale sector xvii guaranteeing deferred payments due from any industrial concern in the smallscale sector xviii guaranteeing a loans raised by industrial concerns in the smallscale sector which are floated in the public market, or b loans raised by any industrial concern in the smallscale sector from any scheduled bank or state cooperative bank or state financial corporation or state industrial corporation or such other financial institutions 4as approved by the board in this behalf xix guaranteeing the obligations of any scheduled bank or state cooperative bank or state financial corporation or state industrial development corporation or state small industries corporation or such other financial institutions 4as approved by the board in this behalf, arising out of, or in connection with, underwriting the issue of stocks, shares, bonds or debentures of any industrial concern in the smallscale sector xx providing factoring services to any industrial concern in the smallscale sector xxi providing technical and financial consultancy, merchant banking and extension services xxii undertaking activities for promotion of industry in the smallscale sector including entrepreneural development programmes, raw material purchase, marketing support and promotion of, or financial support to, agencies engaged in such activities xxiii acquiring, with the approval of 5the central government, the undertaking including the business, assets and liabilities of any institution the principal object of which is the promotion or development of industry in the smallscale sector in india, or the grant of financial assistance for such promotion or development xxiv leasing, subleasing or giving on hire or hirepurchase any movable or immovable assets to any industrial concern in the smallscale sector xxv undertaking research and surveys for evaluating or dealing with marketing or investments and undertaking and carrying on technoeconomic studies in connection with the development of industry in the smallscale sector xxvi providing technical, legal, marketing and administrative assistance to any industrial concern in the smallscale sector or any person for promotion, management or expansion of any industrial concern in the smallscale sector xxvii planning, promoting and developing industries in the smallscale sector xxviii promoting, forming or conducting or associating in the promotion, formation or conduct of companies, subsidiaries, societies, trusts or such other association of persons as it may deem fit xxix acting as agent of a the central government or of the reserve bank or of the development bank, or b such other government or person as 6the board may authorise xxx doing any other kind of business which the central government may, on the recommendation of 6the board, authorise xxxi generally doing such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this act or any other law for the time being in force including sale or transfer of any of its assets. 2 the small industries bank may receive in consideration of any of the services mentioned in subsection 1 such commission, brokerage, interest, remuneration or fees as may be agreed upon. 3 the small industries bank shall not grant any loan or advance or other financial accommodation on the security of its own bonds or debentures. 1. subs. by s. 8, ibid., for clause i w.e.f. . 2. subs. by s. 8, ibid., for such other financial institutions, as the central government may, on the recommendation of the development bank, specify w.e.f. . 3. subs. by act 7 of , s. 8, for as the central government may, on the recommendation of the development bank, specify w.e.f. . 4. subs. by act 7 of , s. 8, for as the central government may, on the recommendation of the development bank, specify w.e.f. . 5. subs. by s. 8, ibid., for the central government on the recommendation of the development bank w.e.f. . 6 subs. by s. 8, ibid., for the development bank w.e.f. .

section 17. of the small industries development bank of india act : the rights and interests of the small industries bank including any other rights incidental thereto in relation to any loan or advance granted, or any amount recoverable, by it may be transferred by the small industries bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the small industries bank may, notwithstanding such transfer, act as the trustee for the transferee.

section 18. of the small industries development bank of india act : the small industries bank shall have the right to acquire, by transfer on assignment the rights and interests of any public financial institution as defined in section 4a of the companies act, 1 of including any other rights incidental thereto in relation to any loan or advance granted, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner.

section 14. of the small industries development bank of india act : the central government may, after the due appropriation made by parliament by law in this behalf, advance to the small industries bank a an interest free loan of such amount and repayable in such instalments and in such other manner as may be determined by the central government and b such further sums of money by way of loan on such terms and conditions as may be agreed upon: provided that the central government may, on a request being made to it by the small industries bank, increase the number of instalments or alter the amount of any instalment or vary the date on which any instalment is payable under clause a.

section 16. of the small industries development bank of india act : 116. investment. the small industries bank may invest whether by way of deposits in banks or otherwise the amounts available in the small industries development assistance fund or the small industries general fund or any other fund or account which are not for the time being required for the transaction of business in such manner as may be approved by the board. 1. subs. by s. 10, ibid., for section 16 w.e.f. .

section 20a. of the small industries development bank of india act : 120a. free transferability of shares.1 save as otherwise provided in subsection 2, the equity shares of the small industries bank shall be freely transferable. 2 nothing contained in subsection 1 shall entitle the development bank, the public sector banks, the general insurance corporation, the life insurance corporation and other institutions owned or controlled by the central government to transfer any shares held by them in the small industries bank if such transfer will result in reducing the equity shares held in aggregate by them to less than fiftyone per cent. of the issued equity share capital of the small industries bank. 1. ins. by s. 12, ibid. w.e.f. .

section 19. of the small industries development bank of india act : 1 notwithstanding anything contained in the foreign exchange regulation act, 46 of , or in any other enactment for the time being in force relating to foreign exchange, the small industries bank may, for the purposes of granting loans and advances under this act, borrow, with the previous consent of the central government 1 , foreign currency from any bank or financial institution in any foreign country or otherwise. 2 the central government may, where necessary, guarantee any loan taken by the small industries bank under subsection 1 or any part thereof as to the repayment of principal and the payment of interest and other incidental charges. 3 all loans and advances granted by the small industries bank out of foreign currency borrowed under subsection 1 shall be expressed in terms of foreign currency as equivalent of indian currency calculated in accordance with the rate of exchange prevailing at the time of grant thereof, and the amount due thereunder shall be repayable in equivalent indian currency, calculated in accordance with the rate of exchange prevailing at the time of repayment of such loan or advance. 4 unless otherwise provided by the central government, any loss or profit in connection with any borrowing of foreign currency under subsection 1 for the purpose of granting loans and advances under this act, or with its repayment to the concerned foreign lending agency, on account of any fluctuations in the exchange accruing a during the period within which the loan or advance is repayable by the industrial concern in the smallscale sector or the period of actual repayment thereof by the concern, whichever is longer, shall be reimbursed by, or paid to, as the case may be, the recipient of such loans and advances b after the expiry of the period specified in clause a, i shall be borne by the small industries bank in respect of normal market fluctuations in the rate of foreign exchange ii shall be reimbursed by, or paid to, as the case may be, the central government in respect of fluctuations other than the normal market fluctuations in foreign exchange. explanation.if any question arises as to whether any fluctuation as aforesaid is a normal market fluctuation or not, the same shall be decided by the central government whose decision thereon shall be final.

section 20., to the small industries bank. of the small industries development bank of india act : the small industries bank may receive gifts, grants, donations, benefactions or other monies from government or any other source.

section 20b. of the small industries development bank of india act : 120b. register of shareholders.1 the small industries bank shall keep at its head office a register, in one or more books, of the shareholders and shall enter therein the following particulars so far as they may be available, namely: i the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number ii the date on which each person is so entered as a shareholder iii the date on which any person ceases to be a shareholder and iv such other particulars as may be prescribed: provided that nothing in this subsection shall apply to the shares held with a depository under the depositories act, 22 of . 2 notwithstanding anything contained in subsection 1, it shall be lawful for the small industries bank to keep the register of the shareholders in computer floppies, diskettes, compact disk or any other electronic form, subject to such safeguards, as may be prescribed. 3 notwithstanding anything contained in the indian evidence act, 1 of , a copy of, or extract from, the register of the shareholders, certified to be a true copy under the hand of an officer of the small industries bank authorised in this behalf, shall, in all legal proceedings, be admissible in evidence. 4 the register of beneficial owners maintained by a depository under section 11 of the depositories act, 22 of shall be deemed to be a register of the shareholders for the purposes of this act. 1. ins. by s. 12, ibid. w.e.f. .

section 20g. of the small industries development bank of india act : 120g. matters to be discussed and procedure in annual general meeting.1 the shareholders present at an annual general meeting shall be entitled to discuss and adopt a the balancesheet and profit and loss account of the small industries bank made up to the date on which its accounts are closed and balanced b the report of working of the small industries bank for the period covered by the accounts c the auditors report on the balancesheet and accounts d proposals for declaration of dividend and capitalisation of reserves e appointment of auditors referred to in subsection 1 of section 30. 2 the shareholders present at an annual general meeting may also discuss any other matter to be transacted at such meetings in accordance with the provisions of this act. 3 the matters relating to a the manner in which annual general meeting or other meetings are held under this act and the procedure to be followed thereat b the manner in which voting rights may be exercised and resolutions may be passed and c the procedure for transaction of business at such meetings and related matters. shall be such as may be prescribed. 1. ins. by s. 12, ibid. w.e.f. .

section 20c. of the small industries development bank of india act : 120c. trust not to be entered on the register of shareholders.notwithstanding anything contained in section 20b, no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the small industries bank: provided that nothing in this section shall apply to a depository in respect of the shares held by it as a registered owner on behalf of a beneficial owner. explanation.for the purposes of section 20b and this section, the expressions beneficial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, 22 of . 1. ins. by s. 12, ibid. w.e.f. .

section 20e. of the small industries development bank of india act : 120e. shares to be securities under the indian trusts act, .notwithstanding anything contained in the indian trusts act, 2 of , the shares of the small industries bank shall be deemed to be included among the securities enumerated in section 20 of the said act. 1. ins. by s. 12, ibid. w.e.f. .

section 22. of the small industries development bank of india act : to the small industries development assistance fund shall be credited a all amounts received for the purpose of that fund by way of loans, gifts, grants, donations, benefactions or otherwise from government or any other source b repayments or recoveries in respect of loans, advances or other facilities granted from the fund c income or profits from investments made from the fund and d income accruing or arising to the fund, by way of interest or otherwise, on account of the application of the fund in accordance with the provisions of section 23.

section 20d. of the small industries development bank of india act : show related subordinates 120d. boards right to refuse registration of transfer of shares.1 the board may refuse to register the transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other ground, namely: a the transfer of the shares is in contravention of the provisions of this act or regulations made thereunder or any other law b the transfer of the shares, in the opinion of the board, is prejudicial to the interests of the small industries bank or to the public interest c the transfer of shares is prohibited by an order of a court, tribunal or any other authority under any law for the time being in force. 2 the board shall, before the expiry of two months from the date on which the instrument of transfer of shares of the small industries bank is lodged with it for the purpose of registration of such transfer, not only form, in good faith, its opinion as to whether such registration ought not or ought to be refused on any of the grounds referred to in subsection 1 but also, a if it has formed the opinion that such registration ought not to be so refused, effect such registration and b if it has formed the opinion that such registration ought to be refused on any of the grounds mentioned in subsection 1, intimate the transferor and the transferee by notice in writing. 3 an appeal against the order of refusal of the board under subsection 2 shall lie to the central government and the procedure for filing and hearing of such appeal shall be in accordance with the rules made by the central government in this behalf. 1. ins. by s. 12, ibid. w.e.f. . notifications yeardescriptionfiles sidbi appeal to central government rules,

section 20f. of the small industries development bank of india act : 120f. annual general meeting.1 the small industries bank shall in each year hold, in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it and not more than fifteen months shall elapse between the date of one annual general meeting and that of the next: provided that the small industries bank may hold the first annual general meeting within a period of six months from the date on which it allots shares for the first time to public for subscription: provided further that the central government may extend the time within which any annual general meeting shall be held by a period not exceeding three months. 2 every annual general meeting shall be called for a time during business hours, on a day that is not public holiday, and shall be held either at head office or at some other place within the city or town in which the head office is situated. explanation.for the purposes of this section, public holiday means a public holiday within the meaning of the negotiable instruments act, 26 of : provided that no sunday shall be deemed to be such a holiday in relation to any meeting: provided further that no day declared by the central government to be a public holiday shall be deemed to be such a holiday, in relation to any meeting, unless the declaration was notified before the issue of the notice convening such meeting. 1. ins. by s. 12, ibid. w.e.f. .

section 21. of the small industries development bank of india act : 1 with effect from such date as the central government may, by notification, appoint, the small industries bank shall establish and maintain, a special fund to be called the small industries development assistance fund. 2 the small industries bank may, at any time, establish any fund as part of the small industries development assistance fund for such purpose or purposes as may be approved by the central government on the recommendation of the 1board, or establish any other fund as may be required by or under any law for the time being in force. 1. subs. by act 7 of , s. 13, for development bank w.e.f. .

section 23. of the small industries development bank of india act : the small industries bank may disburse or spend from the small industries development assistance fund, any amount for such purposes as the central government may, on the recommendation of the 1board, specify. 1. subs. by s. 14, ibid., for development bank w.e.f. .

section 24. of the small industries development bank of india act : 1 to the small industries development assistance fund shall be debited a such amounts as may from time to time be disbursed or spend under section 23 b such amounts as may be required for discharging the liabilities in respect of loans received for the purpose of that fund c any loss arising on account of investment made out of that fund and d such expenditure arising out of, or in connection with, the administration and application of that fund as may be determined by the board. 2 no amount shall be debited to the small industries development assistance fund except as provided for in subsection 1.

section 25. of the small industries development bank of india act : 1 the balancesheet and accounts of small industries development assistance fund shall be prepared in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the small industries development assistance fund to be closed and balanced as on the 31st day of march, each year or such other date as the 1board may specify. 23 the small industries development assistance fund shall be audited by the auditors, appointed under subsection 1 of section 30, who shall make a separate report thereon. 4 the provisions of subsections 2, 3 and 4 of section 30 shall, so far as may be, apply in relation to the audit of the small industries development assistance fund. 5 the small industries bank shall furnish to the central government 5 within four months from the date on which the accounts of the small industries development assistance fund are closed and balanced, a copy of balancesheet and accounts together with a copy of its auditors report and a report on the operation of that fund during the relevant year and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament. 1. subs. by s. 15, ibid., for development bank w.e.f. . 2. subs. by s. 15, ibid., for subsection 3 w.e.f. . 3. the words and the development bank omitted by s. 15, ibid. w.e.f. .

section 26. of the small industries development bank of india act : the small industries development assistance fund shall not be closed or wound up save by order of the central government and in such manner as that government may, 1 direct. 1. the words , on the recommendation of the development bank omitted by act 7 of , s. 16 w.e.f. .

section 28. of the small industries development bank of india act : 1 the balancesheet and accounts of the small industries bank shall be prepared in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the small industries bank to be closed and balanced as on the 31st day of march each year or such other date, as the 1board may specify. 1. subs. by s. 17, ibid., for development bank w.e.f. .

section 32. of the small industries development bank of india act : 1 on such date as the central government may, by notification, appoint, the business, assets and liabilities, rights, interests, privileges and obligations of the development bank relating to the small industries development fund and the national equity fund hereinafter in this section referred to as fund shall stand transferred to, and vest in, the small industries bank. explanation.small industries development fund and national equity fund mean the small industries development fund and national equity fund referred to as such in the books and accounts of the development bank on the day immediately preceding the date appointed in this subsection. 2 for the transfer to, and vesting in, the small industries bank under subsection 1 of the funds, that bank shall pay to the development bank such amount and on such terms and conditions as the development bank may determine. 3 all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature which relate to the funds and which are subsisting or having effect immediately before the date referred to in subsection 1 and to which the development bank is a party or which are in favour of the development bank shall, a if they relate exclusively to the funds, be of full force and effect against or in favour of the small industries bank and may be enforced and acted upon as fully and effectively as if, instead of the development bank, the small industries bank had been a party thereto or as if they had been issued in favour of the small industries bank and b if they relate not only to the funds but also to any of the other business or functions of the development bank, be of full force and effect against or in favour of both the development bank and the small industries bank and may be enforced or acted upon as fully and effectively as if, in addition to the development bank, the small industries bank had also been a party thereto or as if they had been issued in favour of the development bank and also the small industries bank. 4 if, on the date referred to in subsection 1, any suit, appeal or other legal proceeding of whatever nature relating to the funds is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the small industries bank of the business of the development bank or of anything contained in this act, but the suit, appeal or other proceeding may, a where it relates exclusively to the funds, be continued prosecuted and enforced by or against the small industries bank and b where it relates not only to the funds but also to any of the other business or functions of the development bank be continued, prosecuted and enforced by or against the development bank and the small industries bank or, if the central government by order in writing so directs, by or against such one of them, as may be specified in such order. 5 if any question arises as to whether any contract, deed, bond, agreement, power of attorney, grant of legal representation or other instrument referred to in subsection 3 or any suit, appeal or other legal proceeding referred to in subsection 4 relates or relate exclusively to the funds it shall be referred to the development bank for decision and the decision of the development bank thereon shall be final. 6 the provisions of this section shall have effect notwithstanding anything contained in the industrial development bank of india act, 18 of , or any other law or any instrument having force by virtue of the said act or other law.

section 27. of the small industries development bank of india act : all receipts of the small industries bank other than those which are to be credited to the small industries development assistance fund under this act shall be credited to a fund to be called the small industries general fund and all payments by the small industries bank, other than those which are to be debited to the small industries development assistance fund, shall be made out of the small industries general fund.

section 33. of the small industries development bank of india act : 1 the small industries bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. 2 at any time before the expiry of six months from the appointed day, the development bank may, in public interest, transfer to the small industries bank such members of its staff whom the development bank considers as relevant to, or suitable for, the functions of the small industries bank, as on deputation with the small industries bank, but such members shall hold office by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as they would have held such office if the small industries bank had not been established and shall continue to do so until the development bank either on its own motion or at the request of the small industries bank recalls such member of staff to its service: provided that every member of the staff so transferred may elect to go back to the development bank by exercising an option in writing to that effect before the expiry of a period of nine months from the appointed day and on the exercise of such option, the development bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the small industries bank during the period he was a member of the staff of the small industries bank. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the absorption of any member of the staff by the small industries bank in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other authority. explanation.for the purposes of this section, appointed day means the date of establishment of the small industries bank under section 3.

section 29. of the small industries development bank of india act : 1 the small industries bank may establish a reserve fund to which may be transferred such sums as that bank may deem fit out of the annual profits accruing to the small industries general fund. 12 after making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in subsection 1, and after transferring a part of the profits to such other reserves or funds as may be considered appropriate, the board may, out of its net profits, propose a dividend. 1. subs. by s. 18, ibid., for subsection 2 w.e.f. .

section 31. of the small industries development bank of india act : save as otherwise provided in subsection 4 of section 25, nothing contained in this chapter shall apply to the small industries development assistance fund.

section 30. of the small industries development bank of india act : 11the accounts of the small industries banks shall be audited by auditors duly qualified to act as auditors under subsection 1 of section 226 of the companies act, 1 of , who shall be appointed by the small industries bank in general meeting of the shareholders out of the panel of auditors approved by the reserve bank for such term and on such remuneration as the reserve bank may fix. 2 the auditors shall be supplied with a copy of the annual balancesheet of the small industries bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the small industries bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the small industries bank. 3 the auditors may, in relation to such accounts, examine any director or any officer or other employee of the small industries bank and shall be entitled to require from the board or officers or other employees of the small industries bank such information and explanation as they may think necessary for the performance of their duties. 4 the auditors shall make a report to the small industries bank upon the annual balancesheet and accounts examined by them and in every such report they shall state whether in their opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the small industries bank and in case they had called for any explanation or information from the board or any officer or other employee of the small industries bank whether it has been given and whether it is satisfactory. 5 the small industries bank shall furnish to the central government 1 within four months from the date on which its accounts are closed and balanced, a copy of its balancesheet and accounts together with a copy of the auditors report and a report of the working of the small industries bank during the relevant year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament. 1. subs. by s. 19, ibid., for subsection 1 w.e.f. . 2. the words and the development bank omitted by act 7 of , s. 19 w.e.f. .

section 34. of the small industries development bank of india act : the board may, by general or special order, delegate to any director or committee constituted under section 12 or to any officer or other employee of the small industries bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this act as it may deem necessary.

section 35. of the small industries development bank of india act : the small industries bank shall furnish from time to time to 1the central government and the reserve bank such returns as they may require. 1. subs. by act 7 of , s. 20, for the central government, the reserve bank and the development bank w.e.f. .

section 36. of the small industries development bank of india act : 1 the small industries bank shall not, except as otherwise required by this act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers necessary or appropriate for the small industries bank to divulge such information. 2 the small industries bank may, for the purpose of the efficient discharge of the functions under this act, collect from or furnish to the central government, reserve bank, development bank, state bank, any subsidiary bank, nationalised bank or other scheduled bank, state cooperative bank, state financial corporation, state industrial development corporation, state small industries corporation or the national small industries corporation or such other institutions 1as may be specified by the board, credit information or other information as it may consider useful for the purpose, in such manner and at such times, as it may think fit. explanation.for the purpose of this subsection, the expression credit information shall have the same meaning as in clause c of section 45a of the reserve bank of india act, 2 of , subject to the modification that banking company referred to therein shall mean a bank, corporation or other institution referred to in this subsection. 3 every director, member of a committee, auditor, officer or other employee of the small industries bank 2 whose services are utilised by the small industries bank under the provisions of this act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule to this act. 1. subs. by act 7 of , s. 21, for as may be specified by the development bank w.e.f. . 2. the words or the development bank omitted by s. 21, ibid., w.e.f. .

section 37. of the small industries development bank of india act : 1 no act or proceeding of the board or of any committee of the small industries bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may be. 2 no act done by any person acting in good faith as a director shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.

section 37a. of the small industries development bank of india act : 137a. amounts and securities to be held in trust.1 any sums received by a borrowing institution in repayment or realisation of loans and advances refinanced either wholly or partly by the small industries bank shall, to the extent of the accommodation granted by the small industries bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the small industries bank, and shall accordingly be paid by such institution to the small industries bank, as per the repayment schedule fixed by the small industries bank. 2 where an accommodation has been granted to a borrowing institution, all securities held, or which may be held, by such borrowing institution, on account of any transaction in respect of which such accommodation has been granted by the small industries bank, shall be held by such institution in trust for the small industries bank. 1. ins. by s. 22, ibid. w.e.f. .

section 38. of the small industries development bank of india act : 1 where any industrial concern in the smallscale sector, which is under a liability to the small industries bank under an agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the small industries bank or otherwise fails to comply with the terms of its agreement, with the small industries bank, the small industries bank shall have the right to take over the management, or possession, or both of such industrial concern in the smallscale sector, as well as the right to transfer by way of lease or sale and realise the property pledged, mortgaged, hypothecated or assigned to the small industries bank. 2 any transfer of property made by the small industries bank, in exercise of its powers under subsection 1, shall vest in the transferee all rights in or to the property transferred as if the transfer had been made by the owner of the property. 3 the small industries bank shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of the security held by it as it had with respect to the original goods. 4 where any action has been taken against an industrial concern in the smallscale sector under the provisions of subsection 1, all costs, charges and expenses which in the opinion of the small industries bank have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern in the smallscale sector and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to the small industries bank, and the residue of the money so received shall be paid to the person entitled thereto in accordance with his rights and interests. 5 where the small industries bank takes over the management or possession of an industrial concern in the smallscale sector under the provisions of subsection 1, the small industries bank shall be deemed to be the owner of such concern, for the purposes of suits by or against the concern, and shall sue and be sued in the name of the concern.

section 41. of the small industries development bank of india act : 1 where an industrial concern in the smallscale sector, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the small industries bank or otherwise fails to comply with the terms of its agreement with that bank, or where the small industries bank requires any industrial concern in the smallscale sector to make repayment of any loan or advance under section 40 and such industrial concern fails to make such repayment, then, without prejudice to the provisions of section 38 of this act and section 69 of the transfer of property act, 4 of , any officer of that bank, generally or specially authorised by that bank in this behalf, may apply, to the court for one or more of the following reliefs, namely: a for an order for the sale of the property assigned, charged, hypothecated, mortgaged or pledged to that bank as security for the loan or advance or b for enforcing the liability of any surety or c for an ad interim injunction restraining the industrial concern in the smallscale sector from transferring or removing its machinery, plant or equipment from the premises of such industrial concern without the permission of the small industries bank, where such transfer or removal is apprehended. 2 an application under subsection 1 shall state the nature and extent of the liability of the industrial concern in the smallscale sector to the small industries bank, the ground on which it is made and such other particulars as may be necessary for obtaining the relief prayed for. 3 where the application is for the reliefs mentioned in clause a and clause c of subsection 1, the court shall pass an ad interim order attaching the security, or so much of the property of the industrial concern in the smallscale sector as would on being sold realise in its estimation an amount equivalent in value to the outstanding liability of such industrial concern to the small industries bank together with costs of the proceedings taken under this section with or without an ad interim injunction restraining such industrial concern from transferring or removing its machinery, plant or equipment. 4 where the application is for the relief mentioned in clause b of subsection 1, the court shall issue a notice calling upon the surety to show cause on a date to be specified in the notice as to why the liability should not be enforced. 5 before passing any order under subsection 3 or issuing a notice under subsection 4, the court may, if it thinks fit, examine the officer making the application. 6 at the same time as it passes an order under subsection 3, the court shall issue to the industrial concern in the smallscale sector or to the owner of the security attached, a notice accompanied by copies of the order, the application and the evidence, if any, recorded by the court calling upon such industrial concern or owner, to show cause on a date to be specified in the notice, as to why the ad interim order of attachment should not be made absolute or the injunction confirmed. 7 if no cause is shown, on or before the date specified in the notice under subsection 4, the court shall forthwith order the enforcement of the liability of the surety. 8 if no cause is shown on or before the date specified in the notice under subsection 6, the court shall forthwith make the ad interim order absolute and direct the sale of the attached property or confirm the injunction. 9 if cause is shown, the court shall proceed to investigate the claim of the small industries bank in accordance with the provisions contained in the code of civil procedure, 5 of , in so far as such provisions may be applied thereto. 10 after making an investigation under subsection 9, the court may a confirm the order of attachment and direct the sale of the attached property b vary the order of attachment so as to release a portion of the property from attachment and direct the sale of the remainder of the attached property c release the property from attachment d confirm or dissolve the injunction or e direct the enforcement of the liability of the surety or reject the claim made in this behalf: provided that when making an order under clause c or making an order rejecting the claim to enforce the liability of the surety under clause e, the court may make such further order as it thinks necessary to protect the interests of the small industries bank and may apportion the cost of the proceedings in such manner as it thinks fit: provided further that unless the small industries bank intimates to the court that it will not appeal against any order releasing any property from attachment or rejecting the claim to enforce the liability of the surety, such order shall not be given effect to, until the expiry of the period fixed under subsection 12 within which an appeal may be preferred or, if an appeal is preferred, unless the court empowered to hear appeals from the decisions of the said court otherwise directs, until the appeal is disposed of. 11 an order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the code of civil procedure, 5 of , for the attachment or sale of property in execution of a decree as if the small industries bank were the decree holder. 12 any party aggrieved by an order under subsection 7, subsection 8 or subsection 10 may, within thirty days from the date of the order, appeal to the court empowered to hear appeals from the decisions of the court which passed the order and upon such appeal the appellate court may, after hearing the parties, pass such orders as it thinks proper. 13 where proceedings for liquidation in respect of an industrial concern in the smallscale sector have commenced before an application is made under subsection 1, nothing in this section shall be construed as giving to the small industries bank any preference over the other creditors of such industrial concern not conferred on it by any other law. 14 for the removal of doubts, it is hereby declared that any court competent to grant an ad interim injunction under this section shall also have the power to appoint a receiver and to exercise all the other powers incidental thereto.

section 39. of the small industries development bank of india act : 1 where any property, effects or actionable claims are sold or leased in pursuance of any power conferred by section 38, the small industries bank or any other person authorised by it may, for the purpose of taking into custody or under control any such property, effects or actionable claims, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such property, effects, actionable claims, books of account or other documents relating thereto may be situated or found, to take possession thereof, and the chief metropolitan magistrate or the district magistrate shall, on such request being made to him, a take possession of such property, effects, actionable claims, or books of account or other documents relating thereto and b forward them to the small industries bank or such other person, as the case may be. 2 for the purpose of securing compliance with the provisions of subsection 1, the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force as may, in his opinion, be necessary. 3 no act of the chief metropolitan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authority.

section 40. of the small industries development bank of india act : notwithstanding anything in any agreement to the contrary, the small industries bank may, by notice in writing, require any industrial concern in the smallscale sector to which it has granted any loan or advance to discharge forthwith in full its liabilities to the small industries bank, a if it appears to the board that false or misleading information in any material particular was given in the application for the loan or advance or b if the industrial concern in the smallscale sector has failed to comply with the terms of its contract with the small industries bank in the matter of the loan or advance or c if there is a reasonable apprehension that the industrial concern in the smallscale sector is unable to pay its debt or that proceedings for liquidation may be commenced in respect thereof or d if the property pledged, mortgaged, hypothecated or assigned to the small industries bank as security for the loan or advance is not insured and kept insured by the industrial concern in the smallscale sector to the satisfaction of the small industries bank or depreciates in value to such an extent that, in the opinion of the board, further security to the satisfaction of the board should be given and such security is not given or e if, without the permission of the board, any machinery, plant or other equipment, whether forming part of the security or otherwise, is removed from the premises of the industrial concern in the smallscale sector without being replaced or f if for any reason it is necessary to protect the interests of the small industries bank.

section 42. of the small industries development bank of india act : 1 the small industries bank shall have free access to all such records of any institution which seeks to avail of any credit facilities from the small industries bank and to all such records of any such person who seeks to avail of any credit facilities from such institution, perusal whereof may appear to the small industries bank to be necessary in connection with the providing of finance or other assistance to such institution or the refinancing of any loan or advance made to such person by the borrowing institution. 2 the small industries bank may require any institution or person referred to in subsection 1 to furnish to it copies of any of the records referred to in that subsection and the institution or the person, as the case may be, shall be bound to comply with such requisition.

section 43. of the small industries development bank of india act : notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the small industries bank in pursuance of the provisions of this act shall not be called in question merely on the ground of noncompliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument: provided that nothing in this section shall render valid any loan or advance obtained by any company or cooperative society where such company or cooperative society is not empowered by its memorandum to obtain loans or advances.

section 44. of the small industries development bank of india act : 1 every director shall be indemnified by the small industries bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. 2 a director shall not be responsible for any other director or for any officer or other employee of the small industries bank or for any loss or expenses resulting to the small industries bank or from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the small industries bank or the insolvency or wrongful act of any debtor or any person under obligation to the small industries bank or anything done in good faith in the execution of the duties of his office or in relation thereto.

section 45. of the small industries development bank of india act : no suit or other legal proceeding shall lie against the small industries bank, 1chairman and managing director, the wholetime director or any director or any officer or other employee of such bank or any other person authorised by that bank to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any other law or provision having the force of law. 1. subs. by act 7 of , s. 23, for chairman w.e.f. .

section 49. of the small industries development bank of india act : nothing contained in the banking regulation act, , except section 34a and section 36ad thereof, shall apply to the small industries bank.

section 46. of the small industries development bank of india act : 1 notwithstanding anything contained in any other law, where a nomination in respect of any deposits, bonds or other securities kept with or issued by the small industries bank is made in the prescribed manner, the amount due on such deposits, bonds or other securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title, interest or claim of any other person, in relation to such deposits, bonds or other securities. 2 any payment by the small industries bank in accordance with the provisions of subsection 1 shall be a full discharge of its liability in respect of such deposits, bonds or securities.

section 47. of the small industries development bank of india act : 1 where any arrangement entered into by the small industries bank with an industrial concern in the smallscale sector provides for the appointment by the small industries bank of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance, thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that industrial concern, and any provision regarding share qualification, agelimit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the small industries bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the small industries bank and may be removed or substituted by any person by order in writing of the small industries bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.

section 48. of the small industries development bank of india act : the bankers books evidence act, shall apply in relation to small industries bank as if it were a bank as defined in section 2 of that act.

section 53. of the small industries development bank of india act : 53. amendment of certain enactments.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 51. of the small industries development bank of india act : no provision of law relating to the winding up of companies or corporations shall apply to the small industries bank and that bank shall not be placed in liquidation save by order of the central government and in such manner as it may direct.

section 54. of the small industries development bank of india act : if any difficulty arises in giving effect to the provisions of this act, the central government may, in consultation with the development bank, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of three years from the date on which this act receives the assent of the president.

section 50.. of the small industries development bank of india act : act 43 of not to apply to small industries bank.omitted by the finance act, 14 of , s. 142 w.e.f .

section 51a. of the small industries development bank of india act : 151 a. power to make rules by central government. 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the procedure for filing and hearing of appeal against the refusal to register the transfer of shares by the board under subsection 3 of section 20d and ii any other matter which has to be, or may be, prescribed by rules under this act. 1. ins. by act 7 of , s. 24 w.e.f. .

section 52. of the small industries development bank of india act : show related subordinates 1 the board may 1 by notification, make regulations not inconsistent with the provisions of this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for 2a the removal of director under subsection 8 of section 6 aa the places of meetings of the board under this act and the procedure to be followed at such meetings including the quorum necessary for transaction of business and the manner of adoption of resolution under section 6 ab the functions to be discharged by the executive committee under subsection 2 of section 12 ac the places of meetings of the executive committee and the procedure to be followed at such meetings under subsection 4 of section 12 ad such fees and allowances which may be paid to the directors and members of the executive committee under section 12a ae the particulars to be prescribed in the register of shareholders under clause iv of subsection 1 of section 20b af the procedure relating to maintenance of register of shareholders in electronic form under subsection 2 of section 20b ag the matters relating to the annual general meeting under subsection 3 of section 20g b the form and manner in which the balancesheets and the accounts of the small industries development assistance fund under subsection 1 of section 25 and the small industries bank under subsection 1 of section 28 shall be prepared c the manner in which nominations may be made in terms of subsection 1 of section 46 d generally the efficient conduct of the affairs of the small industries bank e any other matter which is to be, or may be, prescribed. 33 every rule made by the central government, and every regulation made by the board under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. the words with the previous approval of the development bank omitted by act 7 of , s. 25 w.e.f. . 2. subs. by s. 25, ibid., for clause a w.e.f. . 3. subs. by s. 25, ibid., for subsection 3 w.e.f. .

section 3. of the prevention of terrorism repeal act : 1 the prevention of terrorism repeal ordinance, ord. 1 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the prevention of terrorism repeal act : 1 this act may be called the prevention of terrorism repeal act, . 2 it shall be deemed to have come into force on the 21st day of september,

section 2. of the prevention of terrorism repeal act : 1 the prevention of terrorism act, hereinafter referred to as the principal act is hereby repealed. 2 the repeal of the principal act shall not affect a the previous operation of, or anything duly done or suffered under the principal act, or b any right, privilege or obligation or liability acquired, accrued or incurred under the principal act, or c any penalty, forfeiture or punishment incurred in respect of any offence under the principal act, or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the principal act had not been repealed: provided that notwithstanding anything contained in this subsection or in any other law for the time being in force, no court shall take cognizance of an offence under the principal act after the expiry of the period of one year from the commencement of this act. 3 notwithstanding the repeal of section 60 of the principal act, the review committee constituted by the central government under subsection 1 of that section, whether or not an application under subsection 4 of that section has been made, shall review all cases registered under the principal act as to whether there is a prima facie case for proceeding against the accused thereunder and such review shall be completed within a period of one year from the commencement of this act and where the review committee is of the opinion that there is no prima facie case for proceeding against the accused, then, a in cases in which cognizance has been taken by the court, the cases shall be deemed to have been withdrawn and b in cases in which investigations are pending, the investigations shall be closed forthwith, with effect from the date of issuance of the direction by such review committee in this regard. 4 the review committee constituted by the central government under subsection 1 of section 60 of the principal act shall, while reviewing cases, have powers of a civil court under the code of civil procedure, 5 of in respect of the following matters, namely: a discovery and production of any document b requisitioning any public record or copy thereof from any court or office. 5 the central government may constitute more review committees, as it may consider necessary, for completing the review within the period specified in subsection 3.

section 8. of the payment of wages act : 1 no fine shall be imposed on any employed person save in respect of such acts and omissions on his part as the employer, with the previous approval of 1 appropriate government or of the prescribed authority, may have specified by notice under subsection 2. 2 a notice specifying such acts and omissions shall be exhibited in the prescribed manner on the premises in which the employment is carried on or in the case of person employed upon a railway otherwise than in a factory, at the prescribed place or places. 3 no fine shall be imposed on any employed person until he has been given an opportunity of showing cause against the fine, or otherwise than in accordance with such procedure as may be prescribed for the imposition of fines. 4 the total amount of fine which may be imposed in any one wageperiod on any employed person shall not exceed an amount equal to 2three per cent. of the wages payable to him in respect of that wageperiod. 5 no fine shall be imposed on any employed person who is under the age of fifteen years.. 6 no fine imposed on any employed person shall be recovered from him by installments or after the expiry of 3ninety days from the day on which it was imposed. 7 every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. 8 all fines and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed and all such realisations shall be applied only to such purposes beneficial to the persons employed in the factory or establishment as are approved by the prescribed authority. explanation.when the persons employed upon or in any railway, factory or 4industrial or other establishmen are part only of a staff employed under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole, provided that the fund shall be applied only to such purposes as are approved by the prescribed authority. 1. subs. by s. 3, ibid., for the state government w.e.f. . 2. subs. by act 38 of , s. 8, for halfananna in the rupee w.e.f. . 3. subs. by act 41 of , s. 7, for sixty days w.e.f. . 4. subs. by act 38 of , s. 8, for industrial establishment w.e.f. .

section 1. of the payment of wages act : show related subordinates 1 this act may be called the payment of wages act, . 12 it extends to the whole of india 2. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 4 it applies in the first instance to the payment of wages to persons employed in any 4factory, to persons employed otherwise than in a factory upon any railway by a railway administration or, either directly or through a subcontractor, by a person fulfilling a contract with a railway administration 5, and to persons employed in an industrial or other establishment specified in subclauses a to g of clause ii of section 2. 5 6appropriate government may, after giving three months notice of its intention of so doing, by notification in the official gazette, extend the provisions of 7this act or any of them to the payment of wages to any class of persons employed in 8any establishment or class of establishments specified by 9appropriate government under subclause i2h of clause ii of section 2: 10provided that in relation to any such establishment owned by the central government no such notification shall be issued except with the concurrence of that government. 116 this act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed 12twenty four thousand rupees per month or such other higher sum which, on the basis of figures of the consumer expenditure survey published by the national sample survey organisation, the central government may, after every five years, by notification in the official gazette, specify. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 3. 28th march , see gazette of india, , pt. i, pg. 626. 4. subs. by act 38 of , s. 3, for factory and to persons w.e.f. . 5. ins. by s. 3, ibid. w.e.f. . 6. subs. by act 41 of , s. 3, for the state government w.e.f. . 7. subs. by act 68 of , s. 2, for the act w.e.f. . 8. subs. by act 38 of , s. 3, for any industrial establishment or in any class or group of industrial establishments w.e.f. . 9. subs. by act 41 of , s. 3, for the central government or a state government w.e.f. . 10. subs. by act 38 of , s. 3, for the proviso w.e.f. . 11. subs. by act 41 of , s. 2, for subsection 6 w.e.f. . 12. subs. by s.o. e, dated , for eighteen thousand rupees, see gazette of india, extraordinary, part ii, s. 3ii.

section 2. of the payment of wages act : in this act, unless there is anything repugnant in the subject or context, 1i appropriate government means, in relation to railways, air transport services, mines and oilfields, the central government and, in relation to all other cases, the state government 23ia employed person includes the legal representative of a deceased employed person 3ib employer includes the legal representative of a deceased employer 3ic factory means a factory as defined in clause m of section 2 of the factories act, 63 of , and includes any place to which the provisions of that act have been applied under subsection 1 of section 85 thereof ii 4industrial or other establishment means any 5a tramway service, or motor transport service engaged in carrying passenger or goods or both by road for hire or reward aa air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces of the union or the civil aviation department of the government of india b dock, wharf or jetty 6c inland vessel, mechanically propelled d mine, quarry or oilfield e plantation f workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale 7g establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operation connected with navigation, irrigation, development or maintenance of buildings, roads, bridges or mission and distribution of electricity or any other form of power is being carried on 8h any other establishment or class of establishment which 9 appropriate government may, having regard to the nature thereof, the need for protection of persons employed therein and other relevant circumstances, specify, by notification in the official gazette 10iia mine has the meaning assigned to it in clause j of subsection 1 of section 2 of the mines act, 35 of 11iii plantation has the meaning assigned to it in clause f of section 2 of the plantations labour act, 69 of iv prescribed means prescribed by rules made under this act 12v railway administration has the meaning assigned to it in clause 32 of section 2 of the railways act, 24 of 13vi wages means all remuneration whether by way of salary, allowances, or otherwise expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes a any remuneration payable under any award or settlement between the parties or order of a court b any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period c any additional remuneration payable under the terms of employment whether called a bonus or by any other name d any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made e any sum to which the person employed is entitled under any scheme framed under any law for the time being in force, but does not include 1 any bonus whether under a scheme of profit sharing or otherwise which does not form part of the remuneration payable under the terms of employment or which is not payable under any award or settlement between the parties or order of a court 2 the value of any houseaccommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of 14appropriate government 3 any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon 4 any travelling allowance or the value of any travelling concession 5 any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment or 6 any gratuity payable on the termination of employment in cases other than those specified in subclause d. state amendment maharashtra. amendment of section 2 of act iv of .in section 2 of the payment of wages act, , in the its application to the state of bombay hereinafter referred to as the said act, a after clause ii the following new clause shall be inserted, namely: iia legal representative means the person who in law represents the estate of a decrease employed person b for clause iii the following shall be substituted, namely: iii plantation means a any estate which is maintained for the purpose of growing cinchona rubber, coffee or tea, or b any farm which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar: provide that on such, estate or farm twentyfive or more persons are engaged for the purpose vide bombay act xlviii of , s. 2 1. ins. by s. 4, ibid. w.e.f. . 2. subs. by act 53 of , s. 3, for clause i w.e.f. . 3. clauses i, ia and ib renumbered as clauses ia, ib and ic thereof by act 41 of , s. 4 w.e.f. . 4. subs. by act 38 of , s. 4, for industrial establishment means w.e.f. . 5. subs. by act 53 of , s. 3, for subclause a w.e.f. . 6. subs. by act 68 of , s. 3, for item c w.e.f. . 7. ins. by s. 3, ibid. w.e.f. . 8. ins. by act 38 of , s. 4 w.e.f. . 9. subs. by act 41 of , s. 3, for the central government or a state government w.e.f. . 10. ins. by act 53 of , s. 3 w.e.f. . 11. subs. by s. 3, ibid., for clause iii w.e.f. . 12. subs. by act 41 of , s. 4, for clause v w.e.f. . 13. subs. by act 68 of , s. 3, for clause vi w.e.f. . 14. subs. by act 41 of , s. 3, for the state government w.e.f. .

section 7. of the payment of wages act : 1 notwithstanding the provisions of 1the railways act, 24 of , the wages of an employed person shall be paid to him without deductions of any kind except those authorised by or under this act. 2explanation i.every payment made by the employed person to the employer or his agent shall, for the purposes of this act, be deemed to be a deduction from wages. 3explanation ii.any loss of wages resulting from the imposition, for good and sufficient cause, upon a person employed of any of the following penalties, namely: i the withholding of increment or promotion including the stoppage of increment at an efficiency bar: ii the reduction to a lower post or time scale or to a lower stage in a time scale: or iii suspension, shall not be deemed to be a deduction from wages in any case where the rules framed by the employer for the imposition of any such penalty are in conformity with the requirements, if any, which may be specified in this behalf by 4appropriate government by notification in the official gazette. 2 deductions from the wages of an employed person shall be made only in accordance with the provisions of this act, and may be of the following kinds only, namely: a fines b deductions for absence from duty c deductions for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default 5d deductions for houseaccommodation supplied by the employer or by government or any housing board set up under any law for the time being in force whether the government or the board is the employer or not or any other authority engaged in the business of subsidizing houseaccommodation which may be specified in this behalf by 4appropriate government by notification in the official gazette e deductions for such amenities and services supplied by the employer as the 6 4appropriate government 7or any officer specified by it in this behalf may, by general or special order, authorise explanationthe word services in 8this clause does not include the supply of tools and raw materials required for the purposes of employment 9f deductions for recovery of advances of whatever nature including advances for travelling allowance or conveyance allowance, and the interest due in respect thereof, or for adjustment of overpayments of wages ff deductions for recovery of loans made from any fund constituted for the welfare of labour in accordance with the rules approved by 10appropriate government, and the interest due in respect thereof fff deductions for recovery of loans granted for housebuilding or other purposes approved by 10appropriate government and the interest due in respect thereof g deductions of incometax payable by the employed person h deductions required to be made by order of a court or other authority competent to make such order i deductions for subscriptions to, and for repayment of advances from any provident fund to which the provident funds act, 19 of , applies or any recognized provident fund as defined 11in clause 38 of section 2 of the incometax act, 43 of , or any provident fund approved in this behalf by 10appropriate government, during the continuance of such approval 12 13ii deductions made with the written authorisation of i the employed person or ii the president or secretary of the registered trade union of which the employed person is a member on such conditions as may be prescribed, for contribution to the national defence fund or to any defence savings scheme approved by 10appropriate government j deductions for payments to cooperative societies approved by 10appropriate government 14or any officer specified by it in this behalf or to a scheme of insurance maintained by the indian post office 15and 1516k deductions, made with the written authorisation of the person employed for payment of any premium on his life insurance policy to the life insurance corporation of india established under the life insurance corporation act, 31 of , or for the purchase of securities of the government of india or of any 10appropriate government or for being deposited in any post office savings bank in furtherance of any savings scheme of any such government. 17kk deductions made, with the written authorisation of the employed person, for the payment of his contribution to any fund constituted by the employer or a trade union registered under the trade union act, 16 of , for the welfare of the employed persons or the members of their families, or both, and approved by 10appropriate government or any officer specified by it in this behalf, during the continuance of such approval kkk deductions made, with the written authorisation of the employed person, for payment of the fees payable by him for the membership of any trade union registered under the trade unions act, 16 of 18l deductions for payment of insurance premia on fidelity guarantee bonds m deductions for recovery of losses sustained by a railway administration on account of acceptance by the employed person of counterfeit or base coins or mutilated or forged currency notes n deductions for recovery of losses sustained by a railway administration on account of the failure of the employed person to invoice, to bill, to collect or to account for the appropriate charges due to that administration whether in respect of fares, freight, demurrage, wharfage and carnage or in respect of sale of food in catering establishments or in respect of sale of commodities in grain shops or otherwise o deductions for recovery of losses sustained by a railway administration on account of any rebates or refunds incorrectly granted by the employed person where such loss is directly attributable to his neglect or default 19p deductions, made with the written authorisation of the employed person, for contribution to the prime ministers national relief fund or to such other fund as the central government may, by notification in the official gazette, specify 20q deductions for contributions to any insurance scheme framed by the central government for the benefit of its employees. 213 notwithstanding anything contained in this act, the total amount of deductions which may be made under subsection 2 in any wageperiod from the wages of any employed person shall not exceed i in cases where such deductions are wholly or partly made for payments to cooperative societies under clause j of subsection 2, seventyfive per cent. of such wages, and ii in any other case, fifty per cent. of such wages: provided that where the total deductions authorised under subsection 2 exceed seventyfive per cent. or, as the case may be, fifty per cent. of the wages, the excess may be recovered in such manner as may be prescribed. 4 nothing contained in this section shall be construed as precluding the employer from recovering from the wages of the employed person or otherwise any amount payable by such person under any law for the time being in force other than 22the railways act, 24 of . state amendments kerala amendment of section 7.in section 7 of the payment of wages act, central act 4 of , in subsection 2, after clause o, the following clause shall be inserted, namely. p deductions for repayment to the state government of the amount of financial and granted under the kerala financial and to the discharged or dismissed labour rules, vide kerala act 34 of , sec. 2. w.e.f. . karnataka amendment of section 7.in section 7 of the principal act in subsection 2, after clause p, the following clauses shall be added namely: q deductions to recover from a person reemployed after the termination of his former employment any amount paid to him from a provident fund or as a gratuity on such termination: provided that such recovery shall not exceed 20 per cent of total earnings. reemployment in this context means employment under the same employer r deduction specially authorised by the state government for purposes beneficial to the employed person. vide karnataka act 2 of , s. 3. karnataka amendment of section 7.in section 7 of the payment of wages act, central act 4 of hereinafter referred to as the principal act, clause r shall be omitted. vide karnataka act 2 of , s. 2. maharashtra amendment of section 7 of act iv of .in section 7 of the payment of wages act, , in subsection 2, in clause d, after the word employer the following shall be added, namely: or the state government, or the bombay housing board constituted under the bombay housing board act, , or such other agency as the state government may, by notification in the official gazette, direct. vide bombay act xxxvii of , s. 2. amendment of section 7 of act iv of .in section 7 of the principal act, in subsection 2, in clause k, the words for being deposited in any post office saving bank shall be deleted. vide maharashtra act xiii of . s. 5. amendment of section 7 of act iv of .in section 7 of the payment of wages act, iv of , in subsection 2, a in clause j, the word and at the end shall be deleted b after clause k, the following new clause shall be added, namely: l deduction made, with the consent of the person employed, for contribution towards any public charitable purpose which the state government may by notification in the official gazette specify in that behalf. vide maharashtra act xlii of , s. 2. 1. subs. by act 41 of , s. 6, for subsection 2 of section 47 of the indian railways act, 9 of w.e.f. . 2. explanation renumbered as explanation i thereof by act 68 of , s. 5 w.e.f. . 3. ins. by s. 5, ibid. w.e.f. . 4. subs. by act 41 of , s. 3, for the state government w.e.f. . 5. subs. by act 68 of , s. 5, for clause d w.e.f. . 6. the words governorgeneral in council or omitted by the a.o. . 7. ins. by act 53 of , s. 6 w.e.f. . 8. subs. by act 56 of , s. 3 and the second schedule, for this subclause w.e.f. . 9. subs. by act 53 of , s. 6, for clause f w.e.f. . 10. subs. by act 41 of , s. 3, for the state government w.e.f. . 11. subs. by s. 6, ibid., for in section 58a of the indian incometax act, w.e.f. . 12. the word and omitted by ordinance 3 of , s. 2. 13. ins. by act 42 of , s. 6 w.e.f. . 14. ins. by act 53 of , s. 6 w.e.f. . 15. added by ordinance 3 of , s. 2 16. subs. by act 68 of , s. 5, for clause k w.e.f. . 17. ins. by act 38 of , s. 7 w.e.f. . 18. ins. by act 53 of , s. 6 w.e.f. . 19. ins. by act 29 of , s. 4 w.e.f. . 20. ins. by act 19 of , s. 2 w.e.f. . 21. ins. by act 53 of , s. 6 w.e.f. . 22. subs. by act 41 of , s. 6, for the indian railways act, w.e.f. .

section 3. of the payment of wages act : 13. responsibility for payment of wages.1 every employer shall be responsible for the payment of all wages required to be paid under this act to persons employed by him and in case of persons employed, a in factories, if a person has been named as the manager of the factory under clause f of subsection 1 of section 7 of the factories act, 63 of b in industrial or other establishments, if there is a person responsible to the employer for the supervision and control of the industrial or other establishments c upon railways other than in factories, if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned d in the case of contractor, a person designated by such contractor who is directly under his charge and e in any other case, a person designated by the employer as a person responsible for complying with the provisions of the act, the person so named, the person responsible to the employer, the person so nominated or the person so designated, as the case may be, shall be responsible for such payment. 2 notwithstanding anything contained in subsection 1, it shall be the responsibility of the employer to make payment of all wages required to be made under this act in case the contractor or the person designated by the employer fails to make such payment. state amendment maharashtra. amendment of section 3 of act iv of .in section 3 of the payment of wages act, hereinafter referred to as the said act, for the proviso the following shall be substituted, namely: provided that, in the case of persons employed otherwise than by a contractor a in factories, if a person has been named as the manager of the factory under clause f of subsection 1 of section 7 of the factories act, lxiii of , then the person so named and the employed jointly and severally b in industrial establishment, if there is a person responsibility to the employer for the supervision and control of the industrial establishment, then the person so responsible and the employer jointly and severally c upon railways otherwise than in factories, if the employer is the railway administration and the railway administration has nominated a person in this behalf for the local area concerned, then the person so nominated shall be responsible for such payment. vide bombay act lxii of , s. 2 1. subs. by s. 5, ibid., for section 3 w.e.f. .

section 4. of the payment of wages act : 1 every person responsible for the payment of wages under section 3 shall fix periods in this act referred to as wageperiods in respect of which such wages shall be payable. 2 no wageperiod shall exceed one month.

section 5. of the payment of wages act : 1 the wages of every person employed upon or in a any railway, factory or 1industrial or other establishment upon or in which less than one thousand persons are employed, shall be paid before expiry of the seventh day, b any other railway, factory or 1industrial or other establishment, shall be paid before the expiry of the tenth day, after the last day of the wageperiod in respect of which the wages are payable: 2provided that in the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the case may be, shall be paid before the expiry of the seventh day from the day of such completion. 2 where the employment of any person is terminated by or on behalf of the employer, the wages, earned by him shall be paid before the expiry of the second working day from the day on which his employment is terminated: 2provided that where the employment of any person in an establishment is terminated due to the closure of the establishment for any reason other than a weekly or other recognised holiday, the wages earned by him shall be paid before the expiry of the second day from the day on which his employment is so terminated. 3 3appropriate government may, by general or special order, exempt, to such extent and subject to such conditions as may be specified in the order, the person responsible for the payment of wages to persons employed upon any railway otherwise than in a factory 4or to persons employed as dailyrated workers in the public works department of 5appropriate government from the operation of this section in respect of the wages of any such persons or class of such persons: 4provided that in the case of persons employed as dailyrated workers as aforesaid, no such order shall be made except in consultation with the central government. 4 6save as otherwise provided in subsection 2, all payments of wages shall be made on a working day. 1. subs. by act 38 of , s. 6, for industrial establishment w.e.f. . 2. added by act 53 of , s. 5 w.e.f. . 3. subs. by act 41 of , s. 3, for the state government w.e.f. . 4. ins. by act 53 of , s. 5 w.e.f. . 5. subs. by act 41 of , s. 3, for the central government or a state government w.e.f. . 6. subs. by act 53 of , s. 5, for all payments w.e.f. .

section 6. of the payment of wages act : 16. wages to be paid in current coin or currency notes or by cheque or crediting in bank account. all wages shall be paid in current coin or currency notes or by cheque or by crediting the wages in the bank account of the employee: provided that the appropriate government may, by notification in the official gazette, specify the industrial or other establishment, the employer of which shall pay to every person employed in such industrial or other establishment, the wages only by cheque or by crediting the wages in his bank account. state amendment kerala amendment of section 6.in the payment of wages act, central act 4 of , in section 6, after the existing proviso, the following proviso shall be inserted, namely: provided further that notwithstanding anything contained in this act, the state government may, by notification in the gazette, specify the industrial or other establishment, the employers of which shall pay to the person employed therein, the wages either by cheque or by crediting the wages in his bank account, without obtaining any authorisation of the employed person. vide kerala act 11 of , sec. 2. maharashtra amendment of section 6 of act v of .in section 6 of the payment of wages act, , in its application to the state of bombay herein after referred to as the principal act for the proviso, the following proviso shall be, and shall be deemed have been, substituted on and from the 1st day of april , namely: provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to oneforth of his earnings exclusive of dearness allowance for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. vide bombay act viii of , s. 2 amendment of section 6 of act 4 of .in section 6 of the payment of wages act, , in its application of the state of maharashtra, provided also that, all wages payable to the employed persons, who are in continuous service as stipulated in section 25b of the industrial disputes act, 14 of in factories or industrial or other establishments and are drawing wages of rs. per month or more, except agricultural labourers and sugarcane cutting labourers, shall be paid either by an account payee cheque drawn in favour of the employed persons or by crediting the wages in the bank account of the employed persons: provided also that, all wages payable to the employed persons, employed in factories or industrial or other establishments situated in the area of thane district in the state of maharashtra, or in any other area as may be notified by the state government in the official gazette, whether they are in continuous service as stipulated in section 25b of the industrial disputes act, or otherwise and irrespective of the amount of wages drawn, except agricultural labourers and sugarcane cutting labourers, shall also be paid either by an account payee cheque drawn in favor of the employed persons or by crediting the wages in the bank account of the employed persons. ii for the marginal note, the following marginal note shall be substituted, namely: mode of payment of wages.. vide maharashtra act xxvi of , s. 2 amendment of section 6 of act iv of .in the payment of wages act, iv of , as in force in the whole of the state of maharashtra hereinafter referred to as the principal act, for section 6, the following shall be substituted, namely: 6. wages to be paid in current coin or currency notes.all wages shall be paid in current coin or currency notes, or in both : provided that, where the amount of any bonus payable to an employed person exceeds an amount equal to onefourth of his earnings exclusive of dearness allowance for the year to which the bonus relates, such excess shall be paid or invested in the manner prescribed. explanation.for the purposes of this section, the expression 1 wages shall include any bonus of the description given in subclause 1 of clause vi of section 2 and 2 bonus means bonus payable to an employed person under the terms of employment or under an award or settlement or order of a court, and also includes any bonus of the description given in subclause 1 of clause iv of section 2. vide maharashtra act xiii of , s. 4 amendment of section 6 of act iv of .in section 6 of the said act, the following proviso shall be added, namely: provided that when the amount of any bonus payable to an employed person exceeds an amount equal to onefourth of his earnings exclusive of dearness allowance for the year to which the bonus related, such excess shall be paid or invested in the manner prescribed. vide maharashtra act lxii of , s. 3 1 subs. by act 1 of , s. 2, for section 6 w.e.f. .

section 10. of the payment of wages act : 11 a deduction under clause c or clause o of subsection 2 of section 7 shall not exceed the amount of the damage or loss caused to the employer by the neglect or default of the employed person. 1a a deduction shall not be made under clause c or clause m or clause n or clause o of subsection 2 of section 7 until the employed person has been given an opportunity of showing cause against the deduction, or otherwise than in accordance with such procedure as may be prescribed for the making of such deductions. 2 all such deductions and all realisations thereof shall be recorded in a register to be kept by the person responsible for the payment of wages under section 3 in such form as may be prescribed. 1. subs. by act 53 of , s. 7, for subsection 1 w.e.f. .

section 9. of the payment of wages act : 1 deductions may be made under clause b of subsection 2 of section 7 only on account of the absence of an employed person from the place or places where, by the terms of his employment, he is required to work, such absence being for the whole or any part of the period during which he is so required to work. 2 the amount of such deduction shall in no case bear to the wages payable to the employed person in respect of the wageperiod for which the deduction is made a large proportion than the period for which he was absent bears to the total period, within such wageperiod, during which by the terms of his employment, he was required to work: provided that, subject to any rules made in this behalf by 1appropriate government, if ten or more employed persons acting in concert absent themselves without due notice that is to say without giving the notice which is required under the terms of their contracts of employment and without reasonable cause, such deduction from any such person may include such amount not exceeding his wages for eight days as may by any such terms be due to the employer in lieu of due notice. 2explanation.for the purposes of this section, an employed person shall be deemed to be absent from the place where he is required to work if, although present in such place, he refuses, in pursuance of a stayin strike or for any other cause which is not reasonable in the circumstances, to carry out his work. 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. added by act 22 of , s. 2 w.e.f. .

section 14a. of the payment of wages act : 114a. facilities to be afforded to inspectorsevery employer shall afford an inspector all reasonable facilities for making any entry, inspection, supervision, examination or inquiry under this act. 1. ins. by act 53 of , s. 12 w.e.f. .

section 11. of the payment of wages act : a deduction under clause d or clause e of subsection 2 of section 7 shall not be made from the wages of an employed person, unless the houseaccommodation amenity or service has been accepted by him, as a term of employment or otherwise, and such deduction shall not exceed an amount equivalent to the value of the houseaccommodation amenity or service supplied and, in the case of a deduction under the said clause e, shall be subject to such conditions as 2 1appropriate government may impose. 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. the words the governorgeneral in council or omitted by the a.o. .

section 15. of the payment of wages act : 11 the appropriate government may, by notification in the official gazette, appoint a any commissioner for workmens compensation or b any officer of the central government exercising functions as, i regional labour commissioner or ii assistant labour commissioner with at least two years experience or c any officer of the state government not below the rank of assistant labour commissioner with at least two years experience or d a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 14 of or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or e any other officer with experience as a judge of a civil court or a judicial magistrate, as the authority to hear and decide for any specified area all claims arising out of deductions from the wages, or delay in payment of the wages, of persons employed or paid in that area, including all matters incidental to such claims: provided that where the appropriate government considers it necessary so to do, it may appoint more than one authority for any specified area and may, by general or special order, provide for the distribution or allocation of work to be performed by them under this act. 2 where contrary to the provisions of this act any deduction has been made from the wages of an employed person, or any payment of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any inspector under this act, or any other person acting with the permission of the authority appointed under subsection 1, may apply to such authority for a direction under subsection 3: provided that every such application shall be presented within 2twelve months from the date on which the deduction from the wages was made or from the date on which the payment of the wages was due to be made, as the case may be: provided further that any application may be admitted after the said period of 2twelve months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. 33 when any application under subsection 2 is entertained, the authority shall hear the applicant and the employer or other person responsible for the payment of wages under section 3, or give them an opportunity of being heard, and, after such further enquiry, if any, as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount deducted in the former case and not exceeding three thousand rupees but not less than one thousand five hundred rupees in the latter, and even if the amount deducted or delayed wages are paid before the disposal of the application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: provided that a claim under this act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority: provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said period of three months may be extended to such period as may be necessary to dispose of the application in a just manner: provided also that no direction for the payment of compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to a a bona fide error or bona fide dispute as to the amount payable to the employed person or b the occurrence of an emergency, or the existence of exceptional circumstances, the person responsible for the payment of the wages was unable, in spite of exercising reasonable diligence or c the failure of the employed person to apply for or accept payment. 44 if the authority hearing an application under this section is satisfied a that the application was either malicious or vexatious, the authority may direct that a penalty 5not exceeding three hundred seventyfive rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application or b that in any case in which compensation is directed to be paid under subsection 3, the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty 5not exceeding three hundred seventyfive rupees be paid to 6appropriate government by the employer or other person responsible for the payment of wages. 4a where there is any dispute as to the person or persons being the legal representative or representatives of the employer or of the employed person, the decision of the authority on such dispute shall be final. 4b any inquiry under this section shall be deemed to be a judicial proceeding within the meaning of sections 193, 219 and 228 of the indian penal code 45 of . 5 any amount directed to be paid under this section may be recovered a if the authority is a magistrate, by the authority as if it were a fine imposed by him as magistrate, and b if the authority is not a magistrate, by the magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such magistrate. state amendment karnataka amendment of section 15.in section 15 of the principal act. 1 in subsection 2, after the word, brackets and figure subsection 3, the following shall be inserted, namely: and in case of death of the employed person, it shall be lawful for his legal representatives to make and application for such direction 2 for subsection 5, the following subsection shall be substituted, namely: 5 any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, . vide karnataka act 2 of , s. 5. insertion of new section 15a.after section 15 of the principal act, the following section shall be inserted, namely: 15a. liability for payment of court fees.1 in any proceedings under section 15, the applicant shall not be liable to pay any court fees other than fees payable for the service of process in respect of such proceedings: provided that when the application is presented by an inspector he shall not be liable to pay the process fees also. 2 where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of court fees which would have been payable by the applicant but for subsection 1 and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the state government. such amount shall, without prejudice to any other mode of recovery be recoverable as an arrear of land revenue. 3 when an appeal is preferred under section 17 by a person making an application under section 15, the provisions of subsections 1 and 2 shall mutatis mutandis apply with the modification that such person, not being an inspector, shall pay court fees of an amount of five rupees, but that such amount shall be refunded to him in the event of his succeeding in the appeal. vide karnataka act 2 of , s. 6. state amendment karnataka in section 15 for the words stipendiary magistrate the words judicial magistrate shall be substituted. vide karnataka act 13 of , s. 67 and schedule maharashtra amendment of section 15 of act iv of .in section 15 of the said act, a in subsection 1, for the words and figures beginning with the words appoint any and ending with the words to be the authority, the words appoint one or more persons to be the authority or authorities shall be substituted b after subsection 1, insert the following subsections, namely: 1a a person shall not be qualified for appointment as an authority under this act unless he is a commissioner for workmens compensation or any other officer with experience as a judge of a civil court or as a stipendiary judicial magistrate or as a judge of a labour court or as a judicial member of the industrial court constituted under the bombay industrial relations act, xi of , or as a stipendiary judicial magistrate. ib where more than one person are appointed for any specified area as authorities under subsection 1, the state government may by general or special order make such arrangements as it thinks fit for the distribution of the work among the authorities so appointed. c in subsection 2. i after the words to act on his behalf the words and figures or a representative union registered as such under the bombay industrial relations act, bom. xi of , shall be inserted ii after the word, brackets and figure subsection 3 the following shall be inserted, namely: and in case of death of the employed person, it shall be lawful for his legal representative to make an application for such direction d in subsection 3, i for the words refund to the employed person the words refund to the employed person of his legal representative, as the case may be, shall be substituted ii after the words twentyfive rupees in the latter the following shall be inserted, namely: and the authority may direct the payment of such compensation in cases, where the amount deducted or the delayed wages are paid by the employer to the employed person or his legal representative before he disposal for the application iii in the proviso, after the words employed person, at both the places where they occur, the words or his legal representative shall be inserted e after subsection 5, the following shall be added, namely: 6 where a question arises as to whether any person is or is not a legal representative of the decreased employed person, such question shall be determined by the authority and the decision of the authority shall be final. vide bombay act xlvii of , s. 3 maharashtra. deletion of section 15 3a from act iv of .subsection 3a inserted in section 15 of the payment of wages act, iv of , by section 4 4 of the payment of wages bombay amendment act, bom lxii of , shall, in its application to the bombay area of the state of maharashtra, be deleted therefrom. vide maharashtra act xiii of , s. 3 amendment of section 15 of act iv of .in section 15 of the principal act, in subsection 1a, for the portion beginning with the words of a labour court and ending with the words judicial magistrate the following shall be substituted, namely: as a stipendiary judicial magistrate or as judge of a labour court or as judicial member of the industrial court constituted under the bombay industrial relations act, bom. xiv of , or as presiding officer of a tribunal constituted under the industrial disputes, xi of . vide maharashtra act xiii of , s. 6 amendment of section 15 of act iv of .in section 15 of the said act, 1 in subsection 1, after the words civil court the words and figures or of a labour court constituted under the bombay industrial relations act, bom. xi of , shall be inserted 2 in subsection 2, in both the proviso, for the words six months the words one year shall be substituted. 3 in subsection 3, for the words ten rupees the words twentyfive rupees shall be substituted 4 after subsection 3 the following shall be inserted, namely: 3a where at any stage of an application under subsection 2 the authority, upon report made to it and after hearing such employer or other person is satisfied that it is necessary go to do in order that the satisfaction of any direction that may be given under subsection 3 is not delayed or defeated, the authority may order the conditional attachment of the property which may be liable for the satisfaction of such direction, unless such employer or other person either deposits with the authority an adequate sum sufficient to satisfy the claim or given security for a like amount. an attachment made under the this subsection shall have the same effect as if made by a competent civil court. 5 for subsection 4, the following shall be substituted, namely: 4 if the authority hearing any application under this section is satisfied, i that the application was either malicious or vexatious, the authority may direct that a penalty not exceeding fifty rupees be paid to the employer or other person responsible for the payment of wages by the presenting the application or ii that, in any case in which compensation is directed to be paid under subsection 3, the applicant ought not to have been compelled to seek redress under this section, the authority may direct that a penalty not exceeding fifty rupees to also paid by the employer or other person responsible for the payment of wages. the amount of such penalty when paid or recovered shall be credited to the state government. vide maharashtra act lxii of , s. 4 insertion of new section 15a in act iv of .after section 15 of the said act, the following section shall be inserted, namely: 15a. liability for payment of courtfees.1 in any proceedings under section 15, the applicant shall not be liable to any courtfees other than fees payable for service of process in respect of such proceedings: provided that when the application is presented by an inspector he shall not be liable to pay the process fees also. 2 where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of courtfees which would have been payable by the applicant but for subsection 1 and direct the employer or other person responsible for the payment of wages under section 3 to pay such amount to the state government, such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. vide maharashtra act lxii of , s. 5 rajasthan insertion of new section 15a, central act 4 of .after section 15 of the payment of wages act, central act 4 of , hereinafter referred to as the principal act, the following section shall be inserted, namely 15a. liability for payment of courtfees. 1 in any proceedings under section 15, the applicant shall not be liable to pay any courtfees other than fees payable for service of 20 process in respect of such proceedings provided that when the application is presented by an inspector, he shall not be liable to pay the process fees even. 2 where the applicant succeeds in such proceedings, the authority hearing the application shall calculate the amount of courtfees which would have been payable by the applicant, but for subsection 1, and direct the employer or other person responsible for the payment of wages under section 3, to pay such amount to the state government. such amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue. vide rajasthan act 13 of , s. 2 rajasthan amendment of section 15, central act 4 of . in the payment of wages act, central act 4 of , in its application to the state of rajasthan, in section 15, in subsection 1, after the expression stipendiary magistrate, the expression or a vikas adhikari appointed under the rajasthan panchayat samiti and zila parishads act, rajasthan act 37 of shall be inserted. vide rajasthan act 11 of , s. 2 1. subs. by act 41 of , s. 8, for subsection 1 w.e.f. . 2. subs. by act 53 of , s. 13, for six months w.e.f. . 3. subs. by act 41 of , s. 8, for subsection 3 w.e.f. . 4. subs. by act 53 of , s. 13, for subsection 4 w.e.f. . 5. subs. by act 41 of , s. 8, for not exceeding fifty rupees w.e.f. . 6. subs. by s. 3, ibid., for the state government w.e.f. .

section 12. of the payment of wages act : deductions under clause f of subsection 2 of section 7 shall be subject to the following conditions, namely: a recovery of an advance of money given before employment began shall be made from the first payment of wages in respect of a complete wageperiod, but no recovery shall be made of such advances given for travellingexpenses 1aa recovery of an advance of money given after employment began shall be subject to such conditions as 2appropriate government may impose b recovery of advances of wages not already earned shall be subject to any rules made by 2appropriate government regulating the extent to which such advances may be given and the installments by which they may be recovered. 1. ins. by act 53 of , s. 8 w.e.f. . 2. subs. by act 41 of , s. 3, for the state government w.e.f. .

section 12a. of the payment of wages act : 212a. deductions for recovery of loans.deductions for recovery of loans granted under clause fff of subsection 2 of section 7 shall be subject to any rules made by 1appropriate government regulating the extent to which such loans may be granted and the rate of interest payable thereon. 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. ins. by act 53 of , s. 9 w.e.f. .

section 13. of the payment of wages act : deductions under clause j 2and clause k of subsection 2 of section 7 shall be subject to such conditions as 1appropriate government may impose. state amendments karnataka amendment of section 13.in section 13 of the principal act, 1 for the heading the following heading shall be substituted, namely: 13. other deductions. 2 for the words, letters and brackets, under clause j and clause k the words, letters and brackets under clause j, clause k, clause q and clause r shall be substituted. vide karnataka act 2 of , s. 4. karnataka amendment of section 13.in subsection 2 of section 13 of the principal act for the words, letters and brackets clause q and clause r, the words, letter and brackets and clause q shall be substituted. vide karnataka act 2 of , s. 3. 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. ins. by ordinance 3 of , s. 3.

section 13a. of the payment of wages act : 113a. maintenance of registers and records.1 every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed. 2 every register and record required to be maintained under this section shall, for the purposes of this act, be preserved for a period of three years after the date of the last entry made therein. 1. ins. by act 53 of , s. 10 w.e.f. .

section 14. of the payment of wages act : 1 an inspector of factories appointed under 2subsection 1 of section 8 of the factories act, 63 of , shall be an inspector for the purposes of this act in respect of all factories within the local limits assigned to him. 2 1appropriate government may appoint inspectors for the purposes of this act in respect of all persons employed upon a railway otherwise than in a factory to whom this act applies. 3 1appropriate government may, by notification in the official gazette, appoint such other persons as it thinks fit to be inspectors for the purposes of this act, and may define the local limits within which and the class of factories and 3industrial or other establishments in respect of which they shall exercise their functions. 44 an inspector may, a make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or rules made thereunder are being observed b with such assistance, if any, as he thinks fit, enter, inspect and search any premises of any railway, factory or 5industrial or other establishment at any reasonable time for the purpose of carrying out the object of this act c supervise the payment of wages to persons employed upon any railway or in any factory or 6industrial or other establishment d require by a written order the production at such place, as may be prescribed, of any register or record maintained in pursuance of this act and take on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this act e seize or take copies of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by an employer f exercise such other powers as may be prescribed: provided that no person shall be compelled under this subsection to answer any question or make any statement tending to incriminate himself. 4a the provisions of the 7code of criminal procedure, 2 of shall, so far as may be, apply to any search or seizure under this subsection as they apply to any search or seizure made under the authority of a warrant issued under 8 section 94 of the said code. 5 every inspector shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. subs. by act 68 of , s. 6, for subsection 1 of section 10 of the factories act, w.e.f. . 3. subs. by act 38 of , s. 9, for industrial establishments w.e.f. . 4. subs. by act 53 of , s. 11, for subsection 4 w.e.f. . 5. subs. by act 38 of , s. 9, for industrial establishment w.e.f. . 6. subs. by act 38 of , s. 9, for industrial establishment w.e.f. . 7. subs. by s. 9, ibid., for code of criminal procedure, w.e.f. . 8. subs. by s. 9, ibid., for section 98 w.e.f. .

section 16. of the payment of wages act : 1 employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if 1deductions have been made from their wages in contravention of this act for the same cause and during the same wage period or periods or if their wages for the same wageperiod or periods have remained unpaid after the day fixed by section 5. 2 a single application may be presented under section 15 on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case 2 every person on whose behalf such application is presented may be awarded maximum compensation to the extent specified in subsection 3 of section 15. 3 the authority may deal with any number of separate pending applications, presented under section 15 in respect of persons belonging to the same unpaid group, as a single application presented under subsection 2 of this section, and the provisions of that subsection shall apply accordingly. 1. ins. by act 53 of , s. 14 w.e.f. . 2. subs. by s. 14, ibid., for the maximum compensation that may be awarded under subsection 3 of section 15 shall be ten rupees per head w.e.f. .

section 17. of the payment of wages act : 11an appeal against an order dismissing either wholly or in part an application made under subsection 2 of section 15, or against a direction made under subsection 3 or subsection 4 of that section may be preferred, within thirty days of the date on which 2the order or direction was made, in a presidencytown 3 before the court of small causes and elsewhere before the district court a by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees 4or such direction has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees, or 5b by an employed person or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any inspector under this act, or any other person permitted by the authority to make an application under subsection 2 of section 15, if the total amount of wages claimed to have been withheld from the employed person exceeds twenty rupees or from the unpaid group to which the employed person belongs or belonged exceeds fifty rupees, or c by any person directed to pay a penalty under 6subsection 4 of section 15. 41a no appeal under clause a of subsection 1 shall lie unless the memorandum of appeal is accompanied by a certificate by the authority to the effect that the appellant has deposited the amount payable under the direction appealed against. 72 save as provided in subsection 1 any order dismissing either wholly or in part an application made under subsection 2 of section 15, or a direction made under subsection 3 or subsection 4 of that section shall be final. 83 where an employer prefers an appeal under this section, the authority against whose decision the appeal has been preferred may, and if so directed by the court referred to in subsection 1 shall, pending the decision of the appeal, withhold payment of any sum in deposit with it. 4 the court referred to in subsection 1 may, if it thinks fit, submit any question of law for the decision of the high court and, if it so does, shall decide the question in conformity with such decision. state amendment karnataka amendment of section 17.in section 17 of the principal act, 1 in subsection 2, after the words, brackets and figure subsection 4 of that section the words, brackets, figures and letter, or any order made under subsection 1 of section 17a shall be inserted. 2 after subsection 4, the following subsection shall be added, namely: 5 the provisions of section 5 of the limitation act, shall be applicable to appeals under this section. videkarnataka act 2 of , s. 7. maharashtra. iamendment of section 17 of act iv of .in section 17 of the said act, in subsection 1, in clause b, . i after the words an employed person the following shall be inserted namely:. or any legal practitioner or any official of a registered trade union authorised in writing to act on act on his behalf or a representative union registered as such under the bombay industrial relations act, , or any inspector under this act or any other person authorised by an authority to make an application under subsection 2 of section 15 and in the case of death of the employed person, his legal representative, as the case may be,. ii for the words him and he the words the employed person shall be substituted.. vide bombay act xlviii of , s. 4. amendment of section 17 of act iv of .in section 17 of the principal act, in subsection 1.. 1 for clause b, the following shall be substituted, namely:. b by an employed person, or any legal practitioner or any official of a registered trade union authorised in writing in writing to act on his behalf, or a representative union registered as such under the bombay industrial relations act, bom. xi of , or any inspector under this act, or any other person authorised by an authority to make an application under subsection 2 of section 15, and in the case of the death of the employed person by his legal representative, as the case may be, if the total amount of wages claimed to have been withheld from the employed person, or from the unpaid group to which the employed person belonged, exceeds fifty rupees, or 2 after the first proviso, the following shall be added, namely:. provided further that, when the order or direction appealed against was made by any person who holds or has held office of or above the rank of a district judge or a judicial member of the industrial court constituted under the bombay industrial relations act, , or the presiding officer of a tribunal constituted under the industrial disputes act, , an appeal under this section shall lie to the high court. vide maharashtra act xiii of , s. 7. amendment of section 17 of act iv of .in section 17 of the said act,. 1 to subsection 1, the following shall be added, namely:. provided that no appeal by an employer or other person responsible for the payment of wages under section 3, under clause a shall lie unless the memorandum of appeal is accompanied by a certificate by the authority, to the effect that the appellant has deposited with it the amount payable under the order appealed against.. 2 subsection 2, after the brackets and figure 4 the words, brackets figure and letter, or any order made under subsection 3a shall be inserted. 3 after subsection 2, the following subsection shall be added, namely:. 3 the provisions of section 5 of the indian limitation act, ix of , shall be applicable to appeals under this section.. vide bombay act lxii of , s. 6. 1. subs. by act 68 of , s. 7, for an appeal against a direction made under subsection 3 or subsection 4 of section 15 w.e.f. . 2. subs. by s. 7, ibid., for the direction w.e.f. . 3. the words or in rangoon omitted by the a.o. . 4. ins. by act 53 of , s. 15 w.e.f. . 5. subs. by s.15, ibid., for clause b w.e.f. . 6. subs. by act 20 of , s. 2 and the first schedule, for subsection 5 w.e.f. . 7. subs. by act 68 of , s. 7, for subsection 2 w.e.f. . 8. ins. by act 53 of , s. 15 w.e.f. .

section 17a. of the payment of wages act : 117a. conditional attachment of property of employer or other person responsible for payment of wages.1 where at any time after an application has been made under subsection 2 of section 15 the authority, or where at any time after an appeal has been filed under section 17 by an employed person or 2 any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf or any inspector under this act or any other person permitted by the authority to make an application under subsection 2 of section 15 the court referred to in that section, is satisfied that the employer or other person responsible for the payment of wages under section 3 is likely to evade payment of any amount that may be directed to be paid under section 15 or section 17, the authority or the court, as the case may be, except in cases where the authority or court is of opinion that the ends of justice would be defeated by the delay, after giving the employer or other person an opportunity of being heard, may direct the attachment of so much of the property of the employer or other person responsible for the payment of wages as is, in the opinion of the authority or court, sufficient to satisfy the amount which may be payable under the direction. 2 the provisions of the code of civil procedure, 5 of , relating to attachment before judgment under that code shall, so far as may be, apply to any order for attachment under subsection 1. 1. ins. by act 68 of , s. 8 w.e.f. . 2. subs. by act 53 of , s. 16, for any official of a registered trade union authorised in writing to act on his behalf w.e.f. .

section 22a. of the payment of wages act : 122a. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government for anything which is in good faith done or intended to be done under this act. 1. ins. by s. 20, ibid. w.e.f. .

section 18. of the payment of wages act : every authority appointed under subsection1 of section 15 shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a civil court of all the purposes of section 195 and of 1chapter xxvi of the code of criminal procedure, 2 of . 1. subs. by act 38 of , s. 10, for chapter xxvi of the code of criminal procedure, w.e.f. .

section 19. of the payment of wages act : power to recover from employer in certain cases.omitted by the payment of wages amendment act, 53 of , s. 17 w.e.f. .

section 20. of the payment of wages act : 1 whoever being responsible for the payment of wages to an employed person contravenes any of the provisions of any of the following section, namely, 1section 5 except subsection 4 thereof, section 7, section 8 except subsection 8 thereof, section 9, section 10 except subsection 2 thereof, and sections11 to 13, both inclusive, shall be punishable 2with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. 2 whoever contravenes the provisions of section 4, 3subsection 4 of section 5, section 6, subsection 8 of section 8, subsection 2 of section 10 or section 25 shall be punishable 4with fine which may extend to three thousand seven hundred fifty rupees. 52a whoever being required to nominate or designate a person under section 3 fails to do so, such person shall be punishable with fine which may extend to three thousand rupees. 63 whoever being required under this act to maintain any records or registers or to furnish any information or return a fails to maintain such register or record or b wilfully refuses or without lawful excuse neglects to furnish such information or return or c wilfully furnishes or causes to be furnished any information or return which he knows to be false or d refuses to answer or wilfully gives a false answer to any question necessary for obtaining any information required to be furnished under this act, shall for each such offence, be punishable 7with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. 4 whoever a wilfully obstructs an inspector in the discharge of his duties under this act or b refuses or wilfully neglects to afford an inspector any reasonable facility for making any entry, inspection, examination, supervision, or inquiry authorised by or under this act in relation to any railway, factory of 8industrial or other establishment or c wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this act or d prevents or attempts to prevent or does anything which he has any reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this act, shall be punishable 9with fine which shall not be less than one thousand five hundred rupees but which may extend to seven thousand five hundred rupees. 5 if any person who has been convicted of any offence punishable under this act is again guilty of an offence involving contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term 10with fine which shall not be less than three thousand seven hundred fifty rupees but which may extend to twentytwo thousand five hundred: provided that for the purpose of subsection, no cognizance shall be taken of any conviction made more than two years before the date on which the commission of the offence which is being punished came to the knowledge of the inspector. 6 if any person fails or wilfully neglects to pay the wages of any employed person by the date fixed by the authority, in this behalf, he shall, without prejudice to any other action that may be taken against him, be punishable with an additional fine which may extend to 11seven hundred fifty rupees for each day for which such failure or neglect continues. state amendment maharashtra. amendment of section 20 of act iv of .in section 20 of the said act, in subsection 1, for the words five hundred rupees the words two thousand rupees shall be substituted.. vide bombay act lxii of , s. 7 1. subs. by act 53 of , s. 18, for section 5 and sections 7 to 13 w.e.f. . 2. subs. by act 41 of , s. 9, for with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees w.e.f. . 3. subs. by act 53 of , s.18, for section 6 w.e.f. . 4. subs. by act 41 of , s. 9, for with fine which may extend to five hundred rupees w.e.f. . 5. ins. by act 41 of , s. 9 w.e.f. . 6. ins. by act 53 of , s.18 w.e.f. 7. subs. by act 41 of , s. 9, for with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees w.e.f. . 8. subs. by act 38 of , s. 11, for industrial establishment w.e.f. . 9. subs. by act 41 of , s. 9, for with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees w.e.f. . 10. subs. by s. 9, ibid., for with fine which shall not be less than five hundred rupees but which may extend to three thousand rupees w.e.f. . 11. subs. by s. 9, ibid., for one hundred rupees w.e.f. .

section 21. of the payment of wages act : 1 no court shall take cognizance of a complaint against any person for an offence under subsection 1 of section 20 unless an application in respect of the facts constituting the offence has been presented under section 15 has been granted wholly or in part and the authority empowered under the latter section or the appellate court granting such application has sanctioned the making of the complaint. 2 before sanctioning the making of a complaint against any person for an offence under subsection 1 of section 20, the authority empowered under section 15 or the appellate court, as the case may be, shall give such person an opportunity of showing cause against the granting of such sanction, and the sanction shall not be granted if such person satisfies the authority or court that his default was due to a a bona fide error or bona fide dispute as to the amount payable to the employed person, or b the occurrence of an emergency or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable, though exercising reasonable diligence, to make prompt payment, or c the failure of the employed person to apply for or accept payment. 3 no court shall take cognizance of a contravention of section 4 or of section 6 or of a contravention of any rules made under section 26 except on a complaint made by or with the sanction of an inspector under this act. 13a no court shall take cognizance of any offence punishable under subsection 3 or subsection 4 of section 20 except on a complaint made by or with the sanction of an inspector under this act. 4 in imposing any fine for an offence under subsection 1 of section 20 the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 15. state amendment karnataka amendment of section 21.in section 21 of the principal act, 1 in subsection 1, for the words and the authority empowered under the latter section or the appellate court granting such application, the words by the authority or the appellate court or the state government or any officer authorised by it in this behalf shall be substituted 2 in subsection 2 for the words and figures the authority empowered under section 15 or the appellate court, the words the state government or the officer authorised by it in this behalf shall be substituted. vide karnataka act 2 of , s. 8. maharashtra amendment of section 21 of act iv of .in section 21 of the said act, in subsection 2, after the words employed person, at both the places where they occur, the words or his legal representative shall be inserted. vide bombay act xlviii of , s. 5 amendment of section 21 of act 21 of .in section 21 of the said act, 1 in subsection 1, for the words and the authority empowered under the latter section or the appellate court granting such applicant the words by the authority or the appellate court and the state government or any officer authorised by it in this behalf shall be substituted 2 in subsection 2, i for the words and figures the authority empowered under section 15 or the appellate court, the words the state government or the officer authorised by it in this behalf, shall be substituted. ii for the words the authority or court the words the state government or the authorised office shall be substituted. vide bombay act lxii of , s. 8 1. ins. by act 53 of , s.19 w.e.f. .

section 23. of the payment of wages act : any contract or agreement, whether made before or after the commencement of this act, whereby an employed person relinquishes any right conferred by this act shall be null and void in so far as it purports to deprive him of such right.

section 22. of the payment of wages act : no court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed a forms the subject of an application under section 15 which has been presented by the plaintiff and which is pending before the authority appointed under that section or of an appeal under section 17 or b has formed the subject of a direction under section 15 in favour of the plaintiff or c has been adjudged, in any proceeding under section 15, not to be owed to the plaintiff or d could have been recovered by an application under section 15.

section 26. of the payment of wages act : 11appropriate government may make rules to regulate the procedure to be followed by the authorities and courts referred to in sections 15 and 17. 2 1appropriate government may, 2 by notification in the official gazette, make rules for the purpose of carrying into effect the provisions of this act. 3 in particular and without prejudice to the generality of the foregoing power, rules made under subsection 2 may a require the maintenance of such records, registers, returns and notices as are necessary for the enforcement of the act 3, prescribe the form thereof and the particulars to be entered in such registers or records b require the display in a conspicuous place or premises where employment is carried on of notices specifying rates of wages payable to persons employed on such premises c provide for the regular inspection of the weights, measures and weighing machines used by employers in checking or ascertaining the wages of persons employed by them d prescribe the manner of giving notice of the days on which wages will be paid e prescribe the authority competent to approve under subsection 1 of section 8 acts and omissions in respect of which fines may be imposed. f prescribe the procedure for the imposition of fines under section 8 and for the making of the deductions referred to in section 10 g prescribe the conditions subject to which deduction may be made under the proviso to subsection 2 of section 9 h prescribe the authority competent to approve the purposes on which the proceeds of fines shall be expended i prescribe the extent to which advances may be made and the installments by which they may be recovered with reference to clause b of section 12 4ia prescribe the extent to which loans may be granted and the rate of interest payable thereon with reference to section 12a ib prescribe the powers of inspectors for the purposes of this act j regulate the scales of costs which may be allowed in proceedings under this act k prescribe the amount of courtfees payable in respect of any proceedings under this act 5 l prescribe the abstracts to be contained in the notices required by section 25 6 7la prescribe the form and manner in which nominations may be made for the purposes of subsection 1 of section 25a, the cancellation or variation of any such nomination, or the making of any fresh nomination in the event of the nominee predeceasing the person making nomination, and other matters connected with such nominations lb specify the authority with whom amounts required to be deposited under clause b of subsection 1 of section 25a shall be deposited, and the manner in which such authority shall deal with the amounts deposited with it under that clause 4m provide for any other matter which is to be or may be prescribed. 4 in making any rule under this section 8appropriate government may provide that a contravention of the rule shall be punishable with fine 9which shall not be less than seven hundred fifty rupees but which may extend to one thousand five hundred rupees. 5 all rules made under this section shall be subject to the condition of previous publication, and the date to be specified under clause 3 of section 23 of the general clauses act, 10 of , shall not be less than three months from the date on which the draft of the proposed rules was published. 46 every rule made by the central government under this section shall be laid, as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 10two or more successive sessions, and if, before the expiry of the session 11immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 127 all rules made under this section by the state government shall, as soon as possible after they are made, be laid before the state legislature. state amendment karnataka amendment of section 26.in section 26 of the principal act in subsection 3, in clause k for the words court fees, the words ad valorem or fixed court fees shall be substituted. vide karnataka act 2 of , s. 9. maharashtra. amendment of section 26 of act iv of .in section 26 of the said act, in subsection 3, 1 after clause d the following shall be inserted, namely: da prescribing the manner in which the excess amount of the bonus shall be paid or invested under section 16 2 in clause k, a for the word courtfees the words ad valorem or fixed courtfees shall be substituted b the word and shall be deleted. vide bombay act lxii of , s. 9. 1. subs. by act 41 of , s. 3, for the state government w.e.f. . 2. the words subject to the control of the governorgeneral in council, omitted by the a.o. . 3. subs. by act 53 of , s. 22, for and prescribed the form thereof w.e.f. . 4. ins. by act 53 of , s. 22 w.e.f. . 5.the word and omitted by act 53 of , s. 22 w.e.f. . 6.the word and omitted by act 38 of , s. 14 w.e.f. . 7. ins. by s. 14, ibid. w.e.f. . 8. subs. by act 41 of , s. 3, for the state government w.e.f. . 9. subs. by s. 11, ibid., for which may extend to two hundred rupees w.e.f. . 10. subs. by act 38 of , s. 14, for two successive sessions w.e.f. . 11. subs. by s. 14, ibid., for in which it is so laid or the session immediately following w.e.f. . 12. ins. by act 41 of , s. 11 w.e.f. .

section 24. of the payment of wages act : 124. delegation of powers.the appropriate government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be also exercisable a where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification b where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notification. 1. subs. by act 41 of , s. 10, for section 24 w.e.f. .

section 25. of the payment of wages act : the person responsible for the payment of wages to persons 1employed in a factory or an industrial or other establishment shall cause to be 2displayed in such factory or industrial or other establishment a notice containing such abstracts of this act and of the rules made thereunder in english and in the language of the majority of the persons employed 3in the factory or industrial or other establishment as may be prescribed. 1. subs. by act 38 of , s. 12, for employed in a factory w.e.f. . 2. subs. by s. 12, ibid., for displayed in such factory w.e.f. . 3. subs. by s. 12, ibid., for in the factory w.e.f. .

section 25a. of the payment of wages act : 125a. payment of undisbursed wages in cases of death of employed person.1 subject to the other provisions of the act, all amounts payable to an employed person as wages shall, if such amounts could not or cannot be paid on account of his death before payment or on account of his whereabouts not being known, a be paid to the person nominated by him in this behalf in accordance with the rules made under this act or b where no such nomination has been made or where for any reasons such amounts cannot be paid to the person so nominated, be deposited with the prescribed authority who shall deal with the amounts so deposited in such manner as may be prescribed. 2 where, in accordance with the provisions of subsection1, all amounts payable to an employed person as wages a are paid by the employer to the person nominated by the employed person, or b are deposited by the employer with the prescribed authority, the employer shall be discharged of his liability to pay those wages. 1. ins. by s. 13, ibid. w.e.f. .

section 6a.prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons of the explosives act : 16a. prohibition of manufacture, possession, sale or transport of explosives by young persons and certain other persons.notwithstanding anything in the foregoing provisions of this act, a no person, i who has not completed the age of eighteen years, or ii who has been sentenced on conviction of any offence involving violence or moral turpitude for a term not less than six months, at any time during a period of five years after the expiration of the sentence, or iiiwho has been ordered to execute under chapter viii of the code of criminal procedure, 2 of a bond for keeping the peace or for good behaviour, at any time during the term of the bond., or iv whose licence under this act has been cancelled, whether before or after the commencement of the indian explosives amendment act, 32 of , for contravention of the provisions of this act or of the rules made thereunder, at any time during a period of five years from the date of cancellation of such licence, shall, 1 manufacture, sell, .transport, import or export any explosive, or 2 possess any such explosive as the central government may, having regard to the nature thereof, by notification in the official gazette, specify b no person shall sell, deliver or despatch any explosive to a person whom he knows or has reason to believe at the time of such sale, delivery or despatch, i to be prohibited under clause a to manufacture, sell, transport, import, export or possess such explosive, or ii to be of unsound mind. 1. ins. by s. 8, ibid. w.e.f. .

section 3. of the explosives act : repeal of portions of act 12 of . rep. by the indian ports act, 10 of , s. 2 and the second schedule.

section 6b.grant of licences of the explosives act : 16b. grant of licences.1 where a person makes an application for licence under section 5, the authority prescribed in the rules made under that section for grant of licences hereinafter referred to in this act as the licensing authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this act, by order in writing either grant the licence or refuse to grant the same. 2 the licensing authority shall grant a licence a where it is required for the purpose of manufacture. of explosives if the licensing authority is satisfied that the person by whom license is required i possesses technical knowhow and experience in the manufacture of explosives or ii has in his employment or undertakes to employ a person or persons possessing such technical knowhow and experience or b where it is required for any other purpose, if the licensing authority is satisfied that the person by whom licence is required has a good reason for obtaining the same. 1. ins. by s. 8, ibid. w.e.f. .

section 6c. of the explosives act : 16c. refusal of licences.1 notwithstanding anything contained in section 6b, the licensing authority shall refuse to grant a licence a where such licence is required in respect of any prohibited explosive or b where such licence is required by a person whom the licensing authority has reason to believe i to be prohibited by this act or by any other law for the time being in force to manufacture, possess, sell, transport. import or export any explosive, or ii to be of unsound mind, or iii to be for any reason unfit for a licence under this act or c where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. 2 where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of opinion that it will not be in the public interest to furnish such statement. 1. ins. by s. 8, ibid. w.e.f. .

section 1.short title of the explosives act : show related subordinates 1this act may be called the 1 explosives act, and 2local extent.it extends to whole india 2 1. the word indian omitted by s. 3, ibid. w.e.f. . 2. the words and letter except part b states omitted by act 3 of , s. 3 and the schedule w.e.f. . rules yeardescriptionfiles the explosives rules,

section 4. of the explosives act : 14. definitions.in this act, unless the context otherwise requires, a aircraft means any machine which can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earths surface, and includes balloons, whether fixed or free, airships, kites, gliders and flying machines b carriage includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by land, in whatever manner the same may be propelled, c district magistrate, in relation to any area for which a commissioner of police has been appointed, means the commissioner of police thereof and includes a any such deputy commissioner of police, exercising jurisdiction over the whole or any part of such area, as may be specified by the state government in this behalf in relation to such area or part: and b an additional district magistrate d explosive means gunpowder, nitoglycerine, nitroglycol, guncotton, dinitrotoluene, trinitrotoluene, picric acid, dinitrophenol, trinitroresorcinol styphnic acid, cyclotrime thylenetrinitramine, pentaerythritoltetranitrate, tetryl, nitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo dinitrophenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect and includes fogsignals, fireworks, fuses, rockets, percussioncaps, detonators, cartidgcs, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause e export means taking out of india to a place outside india by land, sea or air f import means to bring into india from a place outside india by land, sea or air g master, a in relation to any vessel or aircraft means any person, other than a pilot, harbour master, assistant harbour master or berthing master, having for the time bein g the charge or control of such vessel or aircraft, as the ease may be and b in relation to any boat belonging to a ship, means the master of that ship h manufacture in relation to an explosive includes the process of 1 dividing the explosive into its component parts or otherwise breaking up or unmaking the explosive, or making fit for use any damaged explosive and 2 remaking, altering or repairing the explosive i prescribed means prescribed by rules made under this act j vessel includes any ship, boat, sailing vessel, or other description of vessel used in navigation whether propelled by oars or otherwise and anything made for the conveyance, mainly by water, of human beings or of goods and a caisson. 1. subs. by act 32 of , s. 4. for section 4 w.e.f. .

section 5a. of the explosives act : 1 notwithstanding anything in section 5 or in the rules made thereunder where, immediately before the commencement of the indian explosives amendment act, 32 of , any person was carrying on the business of manufacture, sale, transport, import or export of any explosive for which no licence was required under this act before its amendment by the indian explosives amendment act, , then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive a for a period of three months from the date of such commencement or b if before the expiry of the said period of three months, such person has made an application for grant of licence under this act for such business in such explosive, until the final disposal of his application, whichever is later. 1. ins. by s. 6, ibid. w.e.f. .

section 2. of the explosives act : 1 this act shall come into force on such day,1 as the central government, by notification in the official gazette, appoints. 2 1. 1st july, see gazette of india, , pt. i, p. . subsection 2 rep. by act 12 of , s. 2 and the first schedule.

section 6. of the explosives act : 1 notwithstanding anything in the rules under the last foregoing section, the central government may, from time to time, by notification in the official gazette, a prohibit, either absolutely or subject to conditions, the manufacture, possession or importation of any explosive which is of so dangerous a character that, in the opinion of the central government, it is expedient for the public safety to issue the notification. 1. 2 32 the customs act, 52 of shall have effect in relation to any explosive with regard to the importation of which a notification has been issued under this section and the vessel, carriage or aircraft containing such explosive as that act has in relation to any article the importance of which is prohibited or regulated thereunder and the vessel, carriage or aircraft containing such article. 4 1. the word and and cl. b rep. by act 10 of , s. 3 and the second schedule. 2. clause b rep. by s. 3 and the second schedule, ibid. 3. subs. by act 32 of , s. 7, for subsection 2 w.e.f. . 4. subsection 3 omitted by s. 7, ibid. w.e.f. .

section 5. of the explosives act : show related subordinates 1 the central government may, for any part of 1india,2 make rules consistent with this act to regulate or prohibit, except under and in accordance with the conditions of a licence granted as provided by those rules, the manuf acture, possession, use, sale. 3transport, import and export of explosives, or any specified class of explosives. 2 rules under this section may provide for all or any of the following, among other matters, that is to say: a the authority by which licenses may be granted b the fees to be charged for licenses, and the other sums if any to be paid for expenses by applicants for licenses: c the manner in which applications for licenses must be made, and the matters to be specified in such applications: d the form in which, and the conditions on and subject to which, licenses must be granted e the period for which licenses are to remain in force 4 5ee the authority to which appeals may be preferred under section 6f, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded: eeathe total quantity of explosives that a licensee can purchase in a given period of time eeb the fees to be charged by the chief controller of explosives or any officer authorised by him in this behalf, for services rendered in connection with the manufacture, transport, import or export of explosives f the exemption absolutely or subject to conditions of any explosives 6or any person or class of persons from the operation of the rules. 7 1. subs. by act 3 of , s. 3 and schedule, for part a states and part c states w.e.f. . 2. the words and each local government, with the previous sanction of the governor, general in council, may for any part of the territories wider its administration omitted by the a.o. . 3. subs. by act 32 of , s. 5, for transport and importation w.e.f. . 4. the word and omitted by s. 5, ibid. w.e.f. . 5.ins. by s. 5, ibid. w.e.f. . 6. ins. by act 32 of , s. 5 w.e.f. . 7. subsection 3 omitted by s. 5, ibid. w.e.f. . rules yeardescriptionfiles the explosives rules, 2gsr 65e24.01. the ammonium nitrate rules, the ammonium nitrate amendment rules, 2gsr 469 e09.07. 4gsr 772e11.12. the gas cylinders rules, the static and mobile pressure vessels unfired rules, 2gsr 189e27.02. 3gsr231e15.03. 2gsr 388 e20.04. 3gsr 938 e 27.09. 8gsr 17e09.01. 4gsr 44e23.01.

section 6e. of the explosives act : 16e. variation, suspension and revocation of licences.1 the licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the holder of licence by notice in writing to deliverup the licence to it within such time as may be specified in the notice. 2 the licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed. 3 the licensing authority may, by order in writing, suspend a licence for such period as it thinks fit or revoke a licence, a if the licensing authority is satisfied that the holder of the licence is prohibited by this act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export any explosive, or is of unsound mind, or is for any reason unfit for a licence under this act or b if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence or c if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for the licence or d if any of the conditions of the licence has been contravened or e if the holder of the licence has failed to comply with a notice under subsection 1 requiring him to deliverup the licence. 4 the licensing authority may also revoke a licence on the application of the holder thereof. 5 where the licensing authority makes an order varying the conditions of a licence under subsection 1 or an order suspending or revoking a licence under subsection 3, it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. 6 a court convicting the holder of a licence of any offence under this act or the rules made thereunder may also suspend or revoke a licence: provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void. 7 an order of suspension or revocation under subsection 6 may also be made by an appellate court or by the high court when exercising its powers of revision. 8 the central government may, by order in the official gazette, suspend or revoke, or direct any licensing authority to suspend or revoke, all or any licences granted under this .act throughout india or any part thereof. 9 on the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation. 1. ins. by s. 8, ibid. w.e.f. .

section 9b.punishment for certain offences of the explosives act : 19b. punishment for certain offences.1 whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules a manufactures, imports or exports any explosive shall he punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both b possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both and c in any other case, with fine which may extend to one thousand rupees. 2 whoever in contravention of a notification issued under section 6 manufactures, possesses or imports any explosive shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both and in the case of importation by water, the owner and master of the vessel or in the ease of importation by air, the owner, and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to five thousand rupees. 3 whoever, a manufactures, sells, transports, imports, exports or possesses any explosive in contravention of the provisions of clause a of section 6a or b sells, delivers or despatches any explosive in contravention of the provisions of clause b of that section, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both or c in contravention of the provisions of section 8 fails to give notice of any accident shall be punishable, i with fine which may extend to five hundred rupees, or ii if the accident is attended by loss of human life, withimprisonment for a term which may extend to three months or with fine or with both. 1. ins. by act 32 of , s. 13.

section 6d.licensing authority competent to impose conditions in addition to prescribed conditions of the explosives act : 16d. licensing authority competent to impose conditions in addition to prescribed conditions.a licence granted under section 6b may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case. 1. ins. by s. 8, ibid. w.e.f. .

section 9c. of the explosives act : 19c. offences by companies.1 whenever an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible t6 the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. ins. by act 32 of , s. 13.

section 8. of the explosives act : 11 whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or 2any aircraft, carriage or vessel either conveying an explosive or on or from which an explosive is being loaded or unloaded, any accident by explosion or by fire attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place, or 3the master of the aircraft or vessel, or the person in charge of the carriage, as the case may be, shall 4within such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the 5chief controller of explosives and to the officer in charge of the nearest policestation. 6 1. section 8 renumbered as subsection 1 thereof by 18 of , s. 2. 2. subs. by act 32 of , s. 10, for any carriage or vessel w.e.f. . 3. subs. by act 32 of , s. 10, for the master of vessel w.e.f. . 4. subs. by 18 of , s. 2, for forthwith give notice thereof. 5. subs. by act 32 of , s. 10, for chief inspector of explosives in india w.e.f. 2 . 6. subsection 2 omitted by s. 10, ibid. w.e.f. .

section 6f.appeals of the explosives act : 16f. appeals.1 any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority suspending or revoking a licence may prefer an appeal against that order to such authority hereinafter referred to as the appellate authority and within such period as may be prescribed: provided that no appeal shall lie against an order made by, or under the direction of, the central government. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. 3 the period prescribed for an appeal shall be computed in accordance with the provisions of the limitation act, 36 of , with respect to the computation of periods of limitation thereunder. 4 every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed agianst where such statement has been furnished to the appellant and by such fee as may be prescribed . 5 in disposing of an appeal the appellate authority shall follow such procedure as may be prescribed: provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. 6 the order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order. 7 every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final. 1. ins. by s. 8, ibid. w.e.f. .

section 9a.inquiry into more serious accidents of the explosives act : 19a. inquiry into more serious accidents.1 the central government may, where it is of opinion, whether or not it has received the report of an inquiry under section 9, that an inquiry or more formal character should be held into the causes of an accident such as is referred to in section 8, appoint the 1chief controller of explosives or any other competent person to hold such inquiry, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. 2 where the central government orders an inquiry under this section, it may also direct that any inquiry under section 9 pending at the time shall be discontinued. 3 the person appointed to hold an inquiry under this section shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and every person required by such person as aforesaid to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the indian penal code 45 of . 4 any person holding an inquiry under this section may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry. 5 the person holding an inquiry under this section shall make a report to the central government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make and the central government shall cause every report so made to be published at such time and in such manner as it may think fit. 6 the central government may make rules for regulating the procedure at inquiries under this section. 1. subs. by 18 of , s. 3, for section 9. 2. subs. by s. 12, ibid., for chief inspector of explosives in india w.e.f. .

section 12. of the explosives act : whoever abets, within the meaning of the indian penal code 45 of , the commission of an offence punishable under this act, or the rules made under this act, or attempts to commit.. any such offence and in such attempt does any act towards the commission of the same, shall be punished as if he had committed the offence.

section 10. of the explosives act : when a person is convicted of an offence punishable under this act, or the rules made under this act, the court before which he is convicted may direct that the explosive, or ingredient of the explosive, or the substance if any in respect of which the offence has been committed, or any part of that explosive, ingredient or substance, shall, with the receptacles containing the same, be forfeited.

section 7. of the explosives act : 1 the central government 1 may make rules consistent with this act authorising any officer, either by name or in virtue of his office. a to enter, inspect and examine 2any place, aircraft, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, 3transported, imported or exported under a license granted under this act, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, 3transported, imported or exported in contravention of this act or of the rules made under this act b to search for explosives therein c to take samples of any explosive found therein on payment of the value thereof and 4d to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also destroy such explosive or ingredient. 2 the provisions of the 5code of criminal procedure, 2 of relating to searches under that code shall, so far as the same are applicable, apply to searches by officers authorised by rules under this section. 1. the words or the local government with the previous sanction of the governorgeneral in council omitted by the a.o. . 2. subs. by act 32 of , s. 9, for any place, carriage or vessel w.e.f. 2 . 3. subs. by s. 9, ibid., for transported or imported w.e.f. . 4. subs. by s. 9, ibid., for clause d w.e.f. . 5. subs. by s. 9, ibid., for code of criminal procedure 10 of w.e.f. .

section 9. of the explosives act : 19. inquiry into accidents.1 where any accident such as is referred to in section 8 occurs in or about or in connection with 1any place, aircraft, carriage or vessel under the control of any of 3armed forces of the union, an inquiry into the causes of the accident shall be held by the naval, military, or air force authority concerned, and where any such accident occurs in any other circumstances, the district magistrate 4 shall, in cases attended by loss of human life, or may, in any other case, hold or direct a magistrate subordinate to him to hold, such an inquiry. 2 any person holding an inquiry under this section shall have all the powers of a magistrate in holding an inquiry into an offence under the 5code of criminal procedure, 2 of , and may exercise such of the powers conferred on any officer by rules under section 7 as he may think it necessary or expedient to exercise for the purposes of the inquiry. 3 the person holding an inquiry under this section shall make a report to the central government stating the causes of the accident and its circumstances. 4 the central government may make rules a to regulate the procedure at inquiries under this section b to enable the 6chief controller of explosives to be present or represented at any such inquiry c to permit the 6chief controller of explosives or his representative to examine any witnesses at the inquiry d to provide that where the 6chief controller of explosives is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him e to prescribe the manner in which and the time within which notices referred to in section 8 shall be given. 1. subs. by 18 of , s. 3, for section 9. 2. subs. by act 32 of , s. 11, for any place, carriage or vessel w.e.f. 2 . 3. subs. by s. 11, ibid., for the indian forces w.e.f. . 4. the brackets and words or in a presidencytown, the commissioner of police omitted by s. 11, ibid. w.e.f. . 5. subs. by s. 11, ibid., for code of criminal procedure, w.e.f. . 6. subs. by s. 11, ibid., for chief inspector of explosives in india w.e.f. .

section 11.distress of aircraft or vessel of the explosives act : 111. distress of aircraft or vessel.where the owner or master of any aircraft or vessel is adjudged under this act to pay a fine for any offence committed with, or in relation to, that aircraft or vessel, the. court may, in addition to any power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of, a the aircraft and its furniture or so much of the furniture, or b the vessel and the tackle, apparel and furniture of such vessel or so much of the tackle, apparel and furniture thereof, as is necessary for the payment of the fine. 1. subs. by act 32 of , s. 14, for s. 11 w.e.f.2 .

section 18. of the explosives act : 1 an authority making rules under this act shall before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby. 2 the publication shall be made in such manner as th e central government, from time to time, by notification in the official gazette prescribes. 3 there shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration. 4 the authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the da te so specified. 5 a rule made under this act shall not take effect 1 until it has been published in the official gazette 2 6 the publication in the official gazette of a rule purporting to be made under this act shall be conclusive evidence that it has been duly made, and, if it, requires sanction, that it has been duly sanctioned. 7 all powers to make rules conferred by this act may he exercised from time to time as occasion requires. 38 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words if it is made by the governorgeneral in council omitted by the a.o.. 2. the words and if it is made by the local government until it has been published in the local official gazette omitted, ibid. 3.ins. by act 32 of , s. 19 w.e.f. 2 .

section 13. of the explosives act : whoever is found committing any act for which he is punishable under this act or the rules under this act, and which tends to cause explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, 1aircraft or vessel, may be apprehended without a warrant by a policeofficer, or by the occupier of, or the agent or servant of, or other person authorised by the occupier of, that place, or by any agent or servant of, or other person authorised by, the railway administration or 2conservator of the port or officer in charge of the air port, and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a magistrate. 1. subs. by s, 15, ibid., for ship or boat w.e.f. . 2. subs. by s. 15, ibid., for conservator of the port w.e.f. .

section 17a.power to delegate of the explosives act : 117a. power to delegate.the central government may, by notification in the official gazette, direct that any power or function which may be exercised or performed by it under this act other than the power under sections 5, 6, 6a, 14 and 17 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by a such officer or authority subordinate to the central government, or b such state government or such officer or authority subordinate to the state government. 1. ins by s. 18, ibid. w.e.f. .

section 17. of the explosives act : the central government may, from time to time, by notification in the official gazette, declare that any substance which appears to the central government to be specially dangerous to life or property, by reason either of its explosive properties or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this act and the provisions of this act subject to such exceptions, limitations and restrictions as may be specified in the notification shall accordingly extend to that substance in like manner as if it were included in the definition of the term explosive in this act.

section 14. of the explosives act : 114. saving and power to exempt.1 nothing in this act, except sections 8,9 and 9a shall apply to the manufacture, possession, use, transport or importation of any explosive a by any of the 2armed forces of the union, and ordnance factories or other establishments of such forces in accordance with rules or regulations made by 3 the central government b by any person employed under 4the central government or under a state government in execution of this act. 2 the central government may by notification in the official gazette exempt, absolutely or subject to any such conditions as it may think fit to impose, 5any explosive and any person or class of persons from all or any of the provisions of this act or the rules made thereunder. 1. subs. by 18 of , s. 4, for section 14. 2. subs. by act 32 of , s. 16, for indian forces w.e.f. . 3. the words his majestys government in the united kingdom or omitted by the a.o. . 4. subs. by the a.o. , for any government in british india. 5. subs. by act 32 of , s. 16, for certain words w.e.f.

section 15. of the explosives act : nothing in this act shall affect the provisions of the 1arms act, 4 of : provided that an authority granting a license under th is act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said 2 arms 4 of act, . 1. subs. by s. 17, ibid., for indian arms act, w.e.f. . 2. the word indian omitted by s. 17, ibid. w.e.f. .

section 16. of the explosives act : nothing in this act or the rules under this act shall prevent any person from being prosecuted unde r any other law for any act or omission which constitutes an offence against this act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this act or those rules: provided that a person shall not be punished twice for the same offence.

section 8. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 for the deprivation of the company of the management of its undertakings, there shall be given by the central government to the company in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the date on which the management of the undertakings of the company was taken over in pursuance of the order made by the central government under section 18aa of the industries development and regulation act, 65 of , and ending on the appointed day. 2 in consideration of the retrospective operation of the provisions of sections 3, 4 and 5, there shall also be given by the central government to the company in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the appointed day and ending on the date on which this act receives the assent of the president. 3 the amount specified in section 7, and the amount determined in accordance with the provisions of subsections 1 and 2 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amounts made by the central government to the commissioner. 4 the amounts determined in accordance with the provisions of subsections 1, 2 and 3 shall be given by the central government to the company in addition to the amount specified in section 7. 5 for the removal of doubts, it is hereby declared that the liabilities of the company in relation to its undertakings which have vested in the central government under section 3 shall be discharged from the amount referred to in section 7, and also from the amounts determined under subsections 1, 2 and 3, in accordance with the rights and interests of the creditors of the company.

The Andhra Scientific Company Limited (Acquisition and Transfer of Undertakings) Act, 1982

section 1. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 this act may be called the andhra scientific company limited acquisition and transfer of undertakings act, . 2 the provisions of sections 27 and 28 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 1st day of july, .

section 2. of the andhra scientific company limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 1st day of july, b commissioner means the commissioner of payments appointed under section 15 c company means the andhra scientific company limited, a company within the meaning of the companies act, 1 of , and having its registered office at machilipatnam in the state of andhra pradesh d custodian means the custodian appointed under subsection 2 of section 9 to take over, or carry on, the management of the company e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this act h the government company means the government company in which the undertakings of the company are directed to vest under subsection 1 of section 6 i words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings, respectively, assigned to them in that act.

section 7. of the andhra scientific company limited acquisition and transfer of undertakings act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of the company and the right, title and interest of the company in relation to its undertakings, there shall be given by the central government to the company, in cash and in the manner specified in chapter vi, an amount of rupees two hundred and twentyfour lakhs and ten thousand.

section 3. of the andhra scientific company limited acquisition and transfer of undertakings act : on the appointed day, the undertakings of the company, and the right, title and interest of the company in relation to its undertakings, shall, by virtue of this act, stand transferred to, and shall vest in, the central government.

section 4. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 the undertakings of the company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, cheques, demand drafts, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other in cumbrances affecting them, and any attachment, injunction, decree or order of any court, tribunal or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in section 7 and also out of the amounts determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in this central government. 5 any licence or other instrument granted to the company in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and, on and from the date of vesting of such undertaking under section 6 in a government company, such government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such government company and that government company shall hold it for the remainder of the period for which the company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central government, under section 3, instituted or preferred by or against the company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, by or against the government company.

section 5. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 every liability of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it, and not against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, against that government company. 2 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this section or in any other provision of this act, no liability of the company in respect of any period prior to the appointed day, shall be enforceable against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, against that government company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, against that government company c no liability incurred by the company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government, or, where the undertakings of the company are directed, under section 6, to vest in a government company, against that government company.

section 11., in their possession. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 any person who has, on the appointed day, in his possession or under his control, any assets, books, documents or other papers relating to any undertaking owned by the company, which have vested in the central government or in a government company under this act, and which belong to the company, or would have so belonged, if the undertakings owned by the company had not vested in the central government or such government company, shall be liable to account for the said assets, books, documents and other papers to the central government or the government company and shall deliver them up to the central government or such government company or to such person or persons as the central government or the government company may specify in this behalf. 2 the central government or the government company aforesaid may take or cause to be taken all necessary steps for securing possession of the undertakings of the company which have vested in the central government or the government company under this act. 3 the company shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its properties and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3, and, for this purpose, the central government or the government company aforesaid shall afford to the company all reasonable facilities.

section 6. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, the central government may, subject to such terms and conditions as it may think fit to impose, direct, by notification, that the undertakings of the company and the right, title and interest of the company in relation to its undertakings, which have vested in that government under section 3, shall, instead of continuing to vest in the central government, vest in a government company either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the company, in relation to its undertakings, vest in a government company under subsection 1, the government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the government company.

section 9., of the undertakings of the company. of the andhra scientific company limited acquisition and transfer of undertakings act : 1the general superintendence, direction, control and management of the affairs and business of the undertakings of the company, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 6, vest in the government company specified in such direction or b where no such direction has been made by the central government, vest in one or more custodians appointed by the central government under subsection 2, and thereupon the government company so specified or the custodian or custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the company is authorised to exercise and do in relation to its undertakings. 2 the central government may appoint one or more individuals or a government company as the custodian or custodians of the undertakings of the company in relation to which no direction has been made by it under subsection 1 of section 6. 3 the custodian or custodians so appointed shall receive, from the funds of the undertakings of the company, such remuneration as the central government may fix and shall hold office during the pleasure of the central government.

section 14. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 where the company has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to the officers or other employees whose services have become transferred by or under this act to the central government or the government company, shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the central government or the government company, as the case may be. 2the moneys which stand transferred under subsection 1 to the central government or the government company, as the case may be, shall be dealt with by that government or government company in such manner as may be prescribed.

section 10. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 on the vesting of the management of the undertakings of the company in a government company or on the appointment of a custodian or custodians, all persons in charge of the management of the undertakings of the company immediately before such vesting or appointment, shall be bound to deliver to the government company or the custodian or custodians, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings of the company. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the government company or the custodian or custodians, and such government company or the custodian or custodians may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the company shall be conducted or in relation to any other matter arising in the course of such management.

section 12. of the andhra scientific company limited acquisition and transfer of undertakings act : the custodian or custodians of the undertakings of the company shall maintain an account of the undertakings of the company in such form and manner and under such conditions as may be prescribed and the provisions of the companies act, 1 of , shall apply to the audit of the accounts so maintained as they apply to the audit of the accounts of a company.

section 13. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 every person who has been, immediately before the appointed day, employed in any undertaking of the company shall become, a on and from the appointed day, an employee of the central government, and b where the undertakings of the company are directed, under subsection 1 of section 6, to vest in a government company, an employee of the government company on and from the date of such vesting, and shall hold office or service under the central government, or the government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as, would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the company, to the central government or the government company, shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 15. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amounts payable to the company under sections 7 and 8, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 16. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to the company, a an amount equal to the amount specified in section 7 and b an amount equal to the amounts payable to the company under section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of the undertakings of the company in relation to which payments have been made to him under this act. 4 interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the company.

section 17. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 the central government or the government company, as the case may be, shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to the company in relation to its undertakings which have vested in the central government or the government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the government company, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or government company after the appointed day, for discharging any liability of the company in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities of the company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date shall be the liabilities of the company.

section 18. of the andhra scientific company limited acquisition and transfer of undertakings act : every person having a claim against the company with regard to any of the matters specified in the schedule pertaining to any undertaking owned by it shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

section 19. of the andhra scientific company limited acquisition and transfer of undertakings act : the claims made under section 18 shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 22. of the andhra scientific company limited acquisition and transfer of undertakings act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and on such payment, the liability of the company in respect of such claim shall stand discharged.

section 20. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 21. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 after examining the claims with reference to the priorities specified in the schedule, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and in one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi, of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of high court is appointed to be the commissioner, such appeal shall lie to the high court exercising jurisdiction over the place in which the registered office of the company is situated and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 23. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 if, out of the moneys paid to him, in relation to the undertakings of the company, there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such balance to the company. 2 where the possession of any machinery, equipment or other property has vested in the central government or a government company under this act, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or the government company to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the company immediately before the appointed day.

section 24. of the andhra scientific company limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

section 25. of the andhra scientific company limited acquisition and transfer of undertakings act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 26. of the andhra scientific company limited acquisition and transfer of undertakings act : every contract entered into by the company in relation to any of its undertakings, which has vested in the central government under section 3, for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of a period of thirty days from the date on which this act receives the assent of the president, cease to have effect unless such contract is, before the expiry of that period, ratified in writing, by the central government or the government company in which such undertaking has been vested under this act and in ratifying such contract, the central government or the government company may make such alterations or modifications therein as it may think fit: provided that the central government or the government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or the government company and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 31. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the form and manner in which, and the conditions under which, the custodian or custodians shall maintain the accounts as required by section 12 c the manner in which the moneys in any provident fund or other fund referred to in section 14 shall be dealt with d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 27. of the andhra scientific company limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of the undertakings of the company, wrongfully withholds such property from the central government or the government company or b wrongfully obtains possession of, or retains, any property forming part of the undertakings of the company or c wilfully withholds or fails to furnish to the central government or the government company or any person or body of persons specified by that government or government company, any document relating to such undertakings, which may be in his possession, custody or control or d fails to deliver to the central government or the government company or any person or body of persons specified by that government or government company, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of the company or e wrongfully removes or destroys any property forming part of the undertakings of the company or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 28. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 32. of the andhra scientific company limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president.

section 29. of the andhra scientific company limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer or other employee of that government or the custodian or the government company or other person authorised by that government, custodian or government company for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or the custodian or the government company or other person authorised by that government, custodian or government company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 30. of the andhra scientific company limited acquisition and transfer of undertakings act : 1the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification. 2whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 8. of the metal corporation nationalisation and miscellaneous provisions act : 1 where the right of the metal corporation under any mining lease granted, or deemed to have been granted to it by any state government or any other person, vest in the central government under section 7, the central government shall, on and from the date of such vesting, be deemed to have become the lessee of such state government or such other person, as the case may be, in relation to such mine, as if a mining lease in respect of such mine had been granted to the central government, and the period of such lease shall be the entire period for which such lease could have been granted by the state government or such other person under the mineral concession rules, and, thereupon all the rights under such mining lease, including surface, underground and other rights granted to the lessee shall be deemed to have been transferred to, and vested in, the central government. 2 on the expiry of the term of any lease referred to in subsection 1, such lease shall, if so desired by the central government, be renewed by the state government or other person on the same terms and conditions on which such lease was held immediately before the appointed day by the metal corporation, for the maximum period for which such lease could be renewed under the mineral concession rules.

The Metal Corporation (Nationalisation and Miscellaneous Provisions) Act, 1976

section 1. of the metal corporation nationalisation and miscellaneous provisions act : 1 this act may be called the metal corporation nationalisation and miscellaneous provisions act, . 2 sections 20 and 21 shall come into force at once and the other provisions of this act shall be deemed to have come into force on the 22nd day of october, .

section 2. of the metal corporation nationalisation and miscellaneous provisions act : in this act, unless the context otherwise requires, a appointed day means the 2nd day of august, b commencement of this act means the 22nd day of october, c metal corporation means the metal corporation of india limited, a company within the meaning of the companies act, 1 of , and having its registered office at calcutta d mineral concession rules means the mineral concession rules, for the time being in force, made by the central government under the mines and minerals regulation and development act, 67 of e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g words and expressions used in this act and not defined but defined in the companies act, 1 of , have the meanings respectively assigned to them in that act.

section 7. of the metal corporation nationalisation and miscellaneous provisions act : 1 on the appointed day, the undertaking of the metal corporation, and the right, title and interest of the metal corporation in relation to its undertaking, shall stand transferred to, and shall vest absolutely in, the central government. 2 subject to the other provisions contained in this act, all property included in the undertaking of the metal corporation which has vested in the central government under subsection 1 shall, by force of such vesting, be freed and discharged from any trusts, obligations, mortgages, charges, liens and other incumbrances affecting it, and any attachment, injunction or any decree or order of a court, tribunal or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn. explanation.for the removal of doubts, it is hereby declared that the mortgagee of any property included in the undertaking of the metal corporation, or any other person holding any charge, lien or other interest in, or in relation to, any such property, shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, from the central government but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 3 subject to the other provisions contained in this act, all contracts and working arrangements which are subsisting immediately before the appointed day and affecting the metal corporation shall, in so far as they relate to the undertaking of the metal corporation, cease to have effect or be enforceable against the metal corporation or any person who was surety or had guaranteed the performance thereof and shall be of as full force and effect against or in favour of the central government and enforceable as fully and effectually as if, instead of the metal corporation, the central government had been named therein or had been a party thereto. 4 subject to the other provisions contained in this act, any proceeding or cause of action pending or existing immediately before the appointed day by or against the metal corporation or the central government or the government company referred to in section 12 of the metal corporation of india acquisition of undertakings act, 36 of , in relation to the undertaking of the metal corporation may, as from that day, be continued and enforced by or against the central government or the government company referred to in section 9, as it might have been enforced by or against the metal corporation, the central government or the government company, as the case may be, if this act had not been enacted, and shall cease to be enforceable by or against the metal corporation, its surety or guarantor.

section 5. of the metal corporation nationalisation and miscellaneous provisions act : 1 the central government may, as soon as it is convenient administratively so to do, appoint, with effect from such earlier or later date not being a date earlier than the commencement of this act, any person or body of persons including a government company, whether in existence at the commencement of this act or incorporated thereafter as the administrator of the undertaking of the metal corporation and the administrator so appointed shall carry on the management of such undertaking for and on behalf of the central government. 2 on the appointment of the administrator under subsection 1, the management of the undertaking of the metal corporation shall vest in such administrator and all persons in charge of the management of such undertaking immediately before such appointment shall cease to be in charge of such management and shall be bound to deliver to the administrator all assets, books of account, registers and other documents in their custody relating to the undertaking of the metal corporation. 3 the central government may issue such directions including instructions as to initiating, defending or continuing any legal proceedings before any court, tribunal or other authority to the administrator as to his powers and duties as the central government may deem desirable and the administrator may also apply to the central government at any time for instructions as to the manner in which the management of the undertaking of the metal corporation, or in relation to any other matter arising in the course of such management, shall be conducted. 4 where any property, the management of which has vested in the central government under section 4, is in the possession, custody or control of any person, such person shall deliver the property to the central government forthwith. 5 any person who, at the commencement of this act, has in his possession or under his control any books, papers or other documents relating to the undertaking of the metal corporation shall be liable to account for such books, papers and other documents to the administrator and shall deliver them up to the administrator or to such person as may be authorised by the central government or the administrator in this behalf. 6 the metal corporation shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all the properties and assets including particulars of book debts and investments and belongings of the metal corporation at the commencement of this act, all liabilities and obligations of the metal corporation subsisting at such commencement and also of all agreements entered into by the metal corporation and in force on such commencement, including agreements, whether express or implied, relating to leave, pension, gratuity and other terms of service of any officer or other employee of the metal corporation under which, by virtue of the provisions of this act, the central government has, or will have, or may have, liabilities, and for this purpose, the central government shall afford the metal corporation all reasonable facilities. 7 the administrator shall hold office during the pleasure of the central government and shall receive, from the funds of the undertaking of the metal corporation such remuneration as may be fixed by the central government.

section 9. of the metal corporation nationalisation and miscellaneous provisions act : 1 notwithstanding anything contained in section 7, the central government may, if it is satisfied that a government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by any order in writing, that the undertaking of the metal corporation and the right, title and interest of the metal corporation in relation to such undertaking shall, instead of continuing to vest in the central government, vest in the government company either on the date of publication of the direction or on such earlier or later date not being a date earlier than the appointed day, as may be specified in the direction. 2 where the right, title and interest of the metal corporation in relation to its undertaking vest in a government company under subsection 1, the government company shall, on and from the date of such vesting, be deemed to have become the lessee in relation to the mines of which the metal corporation was the lessee as if a mining lease in respect of such mines had been granted to the government company, and the period of such lease shall be the entire period for which such lease could have been granted under the mineral concession rules and all the rights and liabilities of the central government in relation to such mines shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the government company. 3 the provisions of subsection 2 of section 8 shall apply to a lease which vests in a government company as they apply to a lease which has vested in the central government and any reference therein to the central government shall be construed as a reference to the government company. 4 any reference hereafter in this act to the government company shall be construed as a reference to the government company which is appointed as the administrator under subsection 1 of section 5, or, as the case may be, the government company referred to in the direction made under subsection 1.

section 3. of the metal corporation nationalisation and miscellaneous provisions act : for the purposes of this act, the undertaking of the metal corporation shall be deemed to include all assets, rights, leaseholds including mining leases, if any, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works, mines, workshops, projects, smelters, refineries, stores, instruments, machinery, locomotives, automobiles and other vehicles, mined or extracted zinc or lead ores, concentrates and metals, in process or in stock or in transit, cash balances, cash in hand, reserve fund, investments and book debts and all other rights and interests in, or arising out of, such property as were immediately before the date of commencement of this act in the ownership, possession, power or control of the metal corporation, whether within or without india, and all books of account, registers, maps, sections, drawings, records of survey and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind of the metal corporation in relation to its undertaking.

section 4. of the metal corporation nationalisation and miscellaneous provisions act : 1 on the commencement of this act, the metal corporation of india acquisition of undertaking act, 36 of , shall stand repealed, and on such repeal, the undertaking of the metal corporation, which had been transferred to, and vested in, the central government by virtue of the provisions of section 3 of the act so repealed, and the undertaking of the metal corporation together with all its properties, assets, liabilities and obligations specified in subsection 1 of section 4 of that act and such other properties, assets, liabilities and obligations, acquired or incurred, for the purposes of its undertaking, after the 22nd day of october, , which stood, by virtue of the provisions of section 12 of the said act, transferred to, and vested in, the government company formed in pursuance of the provisions of section 12 of the act aforesaid shall, by virtue of the provisions of this act, be deemed to have been retransferred to, and revested in, the metal corporation, and, immediately thereafter, the management of the undertaking of the metal corporation shall be deemed to have been transferred to, and vested in, the central government. 2 any contract, whether express or implied, or other arrangement, in so far as it relates to the management of the business and affairs of the undertaking of the metal corporation, and in force immediately before the commencement of this act, shall be deemed to have terminated on such commencement. 3 all persons in charge of the management, including persons holding offices as directors, managers or in any other managerial capacity specified in section 197a of the companies act, 1 of , of the metal corporation immediately before the commencement of this act, shall be deemed to have vacated their offices as such on such commencement. 4 notwithstanding anything contained in any other law for the time being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions of subsection 2 or who ceases to hold office by reason of the provisions contained in subsection 3, shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the loss of office, as the case may be.

section 12. of the metal corporation nationalisation and miscellaneous provisions act : 1 the amount determined under section 10, and the amount payable under section 11, shall be given by the central government to the metal corporation before the expiry of a period of three months from the appointed day hereafter referred to as the specified period. 2 the amount referred to in subsection 1 shall, if not paid before the expiry of the specified period, carry simple interest at the rate of four per cent. per annum, for the period commencing on the date of expiry of the specified period and ending on the date on which payment of such amount is made by the central government to the metal corporation: provided that no interest shall run from the date on which the amount is tendered to the metal corporation if the amount so tendered is not accepted by it.

section 6. of the metal corporation nationalisation and miscellaneous provisions act : 1 notwithstanding anything contained in the companies act , or in the memorandum or articles of association of the metal corporation, so long as the management of the undertaking of the metal corporation remains vested in the central government, a it shall not be lawful for the shareholders of the metal corporation or any other person to nominate or appoint any person to be a director of the metal corporation b no resolution passed at any meeting of the shareholders of the metal corporation on or after the commencement of this act shall be given effect to unless approved by the central government c no proceeding for the winding up of the metal corporation or for the appointment of liquidator or receiver in respect of the undertaking thereof shall lie in any court except with the consent of the central government. 2 subject to the provisions contained in subsection 1, and to the other provisions contained in this act and subject to such other exceptions, restrictions and limitations, if any, as the central government may, by notification, specify in this behalf, the companies act, 1 of , shall continue to apply to the metal corporation in the same manner as it applied thereto before the date of commencement of this act.

section 14. of the metal corporation nationalisation and miscellaneous provisions act : 1 every officer or other employee of the metal corporation except a director or any managerial personnel specified in section 197a of the companies act, 1 of , or any other person entitled to manage the whole or a substantial part of the business of the metal corporation under a special agreement in the employment of the metal corporation immediately before the commencement of this act shall, in so far as such employee is employed in connection with the affairs of the undertaking of the metal corporation, become, as from such commencement, an officer or other employee, as the case may be, of the central government or the government company and shall hold office by the same tenure and at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held under the metal corporation if this act had not been enacted and shall continue to do so until his employment under the central government or the government company is duly terminated or until his remuneration, terms and conditions are duly altered by the central government or the government company: provided that if the alteration so made is not acceptable to any such officer or other employee, his employment shall be terminated by the central government or the government company on payment of an amount equivalent to a three months remuneration, in the case of permanent employees, and b one months remuneration, in the case of other employees: provided further that nothing in this section shall apply to any officer or other employee who has, within thirty days next following the commencement of this act, by notice in writing to the central government or the government company, as the case may be, intimated his intention of not becoming an officer or other employee of the central government or the government company. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee of the metal corporation to the central government or the government company shall not entitle such officer or other employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authorities.

section 10. of the metal corporation nationalisation and miscellaneous provisions act : for the deprivation of the metal corporation of the management of its undertaking, there shall be given, in cash, to the metal corporation by the central government, an amount, calculated at the rate of rupees eleven lakhs and thirtynine thousand per annum, for the period commencing on the 22nd day of october, , and ending on the appointed day.

section 17. of the metal corporation nationalisation and miscellaneous provisions act : 1 if the central government is satisfied after such inquiry as it may think fit that any contract or agreement entered into at any time within three years immediately preceding the commencement of this act between the metal corporation or the managing agents of metal corporation and any other person, in so far as such contract or agreement relates to the undertaking of the metal corporation, has been entered into in bad faith or is detrimental to the interests of the undertaking of the metal corporation, it may make an order cancelling either unconditionally or subject to such conditions as it may think fit to impose or varying the contract or agreement, and thereafter the contract or agreement shall have effect accordingly: provided that no such contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. 2 any person aggrieved by an order made under subsection 1 may make an application to the high court at delhi for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order.

section 13., of the undertaking. of the metal corporation nationalisation and miscellaneous provisions act : the general superintendence, direction, control and management of the affairs and business of the undertaking of the metal corporation, the right, title and interest in relation to which have vested in the central government under section 7, shall vest in the government company specified in the direction made under subsection 1 of section 9, and, thereupon the government company shall be entitled to exercise all such powers and do all such things as the metal corporation is authorised to exercise and do in relation to its undertaking.

section 18. of the metal corporation nationalisation and miscellaneous provisions act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the administrator or the government company or any officer or other person authorised by that government or government company for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the government company or any officer or other person authorised by that company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 15. of the metal corporation nationalisation and miscellaneous provisions act : 1 where the metal corporation has established a provident, superannuation, welfare or other fund for the benefit of the persons employed in its undertaking, the monies relatable to the officers or other employees whose services have become transferred by or under this act to the central government or the government company, shall, out of the monies standing, on the appointed day, to the credit of such provident, superannuation, welfare or other fund, stand transferred to, and vested in, the central government or the government company, as the case may be. 2 the monies which stand transferred, under subsection 1, to the central government or the government company, as the case may be, shall be dealt with by that government or government company in such manner as may be prescribed.

section 11. of the metal corporation nationalisation and miscellaneous provisions act : for the transfer to, and vesting in, the central government, under section 7, of the right, title and interest of the metal corporation in relation to its undertaking, there shall be given, in cash, by the central government to the metal corporation, an amount of rupees one crore and ninetyeight lakhs.

section 20. of the metal corporation nationalisation and miscellaneous provisions act : any person who, a having in his possession, custody or control any property forming part of any undertaking of the metal corporation, wrongfully withholds such property from the central government or government company or b wrongfully obtains possession of, or retains, any property forming part of the undertaking of the metal corporation or wilfully withholds or fails to furnish to the central government or the government company or any person or body of persons specified by that government or government company, any document relating in such undertaking which may be in his possession, custody or control or fails to deliver to the central government or the government company or any person or body of persons specified by that government or government company, any assets, books of accounts, registers or other documents in his possession, custody or control, relating to the undertaking of the metal corporation or c wrongfully removes or destroys any property forming part of any undertaking of the metal corporation or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 16. of the metal corporation nationalisation and miscellaneous provisions act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 19. of the metal corporation nationalisation and miscellaneous provisions act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the power conferred by section 22, may also be exercised by such person or persons, as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the persons to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 25. of the metal corporation nationalisation and miscellaneous provisions act : 1 the metal corporation nationalisation and miscellaneous provisions ordinance, 12 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 21. of the metal corporation nationalisation and miscellaneous provisions act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals b director, in relation to a firm, means a partner in the firm.

section 22. of the metal corporation nationalisation and miscellaneous provisions act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the monies in any provident or other fund referred to in subsection 2 of section 15 shall be dealt with b any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act, shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 23. of the metal corporation nationalisation and miscellaneous provisions act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president.

section 24. of the metal corporation nationalisation and miscellaneous provisions act : 1 on the commencement of this act, the tribunal constituted under subsection 1 of section 11 of the metal corporation of india acquisition of undertaking act, 36 of , shall be stand abolished and every proceeding pending before it, every order made by it and every appeal or application against any such order, shall stand abated, and, on such abatement, the central government shall take charge of all records of proceedings, applications, memoranda, registers and other documents maintained by, or in connection with any proceeding before, the tribunal. 2 on the commencement of this act, a every suit, appeal or other proceeding of whatever nature in relation to the affairs or business of the undertaking of the metal corporation instituted before such commencement, and pending on such commencement shall not abate, be discontinued or be, in any way, prejudicially affected by reason of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the metal corporation and not against the central government or the government company b every suit, appeal or other proceeding of whatever nature instituted after such commencement but before the appointed day, in relation to the affairs or business of the undertaking of the metal corporation, and pending on the appointed day, shall not abate, be discontinued or, in any way, be prejudicially affected by reason of anything contained in this act, but such suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the central government or the government company. 3 anything done, any action taken or any contract entered into by the central government, administrator or the government company at any time during the period commencing on the 22nd day of october, , and ending on the appointed day shall be deemed to have been done, taken or entered into by the central government or, as the case may be, the government company in the due course of management of the undertaking of the metal corporation.

section 8. of the indian succession act : the domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.

section 1. of the indian succession act : this act may be called the indian succession act, .

section 3. of the indian succession act : 1 the state government may, by notification in the official gazette, either retrospectively from the sixteenth day of march, , or prospectively, exempt from the operation of any of the following provisions of this act, namely, sections 5 to 49 , 58 to 191 , 212, 213 and 215 to 369, the members of any race, sect or tribe in the state, or of any part of such race, sect or tribe, to whom the state government considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order. 2 the state government may, by a like notification, revoke any such order, but not so that the revocation shall have retrospective effect. 3 persons exempted under this section or exempted from the operation of any of the provisions of the indian succession act, 10 of , under section 332 of that act are in this act referred to as exempted persons. 1. rep. by this act.

section 7. of the indian succession act : the domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled or, if he is a posthumous child, in the country in which his father was domiciled at the time of the fathers death. illustration at the time of the birth of a, his father was domiciled in england. as domicile of origin kiln england, whatever may be the country in which he was born.

section 2. of the indian succession act : in this act, unless there is anything repugnant in the subject or context, a administrator means a person appointed by competent authority to administer the estate of a deceased person when there is no executor b codicil means an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will 1bb district judge means the judge of a principal civil court of original jurisdiction c executor means a person to whom the execution of the last will of a deceased person is, by the testators appointment, confided 2cc india means the territory of india excluding the state of jammu and kashmir d indian christian means a native of india who is, or in good faith claims to be, of unmixed asiatic descent and who professes any form of the christian religion e minor means any person subject to the indian majority act, 9 of who has not attained his majority within the meaning of that act, and any other person who has not completed the age of eighteen years and minority means the status of any such person f probate means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator 3g state includes any division of india having a court of the last resort and h will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. 1. ins. by act 18 of , s. 2 w.e.f. . 2. ins. by act 3 of , s. 3 and the schedule w.e.f. . 3. subs. by s. 3 and the schedule, ibid., for clause g w.e.f. .

section 9. of the indian succession act : the domicile of origin prevails until a new domicile has been acquired.

section 4. of the indian succession act : this part shall not apply if the deceased was a hindu, muhammadan, buddhist, sikh or jaina.

section 12. of the indian succession act : a person who is appointed by the government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment nor does any other person acquire such domicile by reason only of residing with such firstmentioned person as part of his family, or as a servant.

section 6. of the indian succession act : a person can have only one domicile for the purpose of the succession to his moveable property.

section 5. of the indian succession act : 1 succession to the immoveable property in 1india, of a person deceased shall be regulated by the law of 1india, wherever such person may have had his domicile at the time of his death. 2 succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. illustrations i a, having his domicile in 1india, dies in france, leaving moveable property in france, moveable property in england, and property, both moveable and immoveable, in 1india. the succession to the whole is regulated by the law of 1india. ii a, an englishman, having his domicile in france, dies in 1india, and leaves property, both moveable and immoveable, in 1india. the succession to the moveable property is regulated by the rules which govern, in france, the succession to the moveable property of an englishman dying domiciled in france, and the succession to the immoveable property is regulated by the law of 1india. 1. subs. by act 3 of , s. 3 and the schedule for the states.

section 14. of the indian succession act : the domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin. exception.the domicile of a minor does not change with that of his parent, if the minor is married, or holds any office or employment in the service of government, or has set up, with the consent of the parent, in any distinct business.

section 15. of the indian succession act : by marriage a woman acquires the domicile of her husband, if she had not the same domicile before.

section 10. of the indian succession act : a man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin. explanation.a man is not to be deemed to have taken up his fixed habitation in 1india merely by reason of his residing therein 2the civil, military, naval or air force service of government, or in the exercise of any profession or calling. illustrations i a, whose domicile of origin is in england, proceeds to 1india, where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. his domicile is now in 1india. ii a, whose domicile is in england, goes to austria, and enters the austrian service, intending to remain in that service. a has acquired a domicile in austria. iii a, whose domicile of origin is in france, comes to reside in 1india under an engagement with the central government for a certain number of years. it is his intention to return to france at the end of that period. he does not acquire a domicile in 1india. iv a, whose domicile is in england, goes to reside in 1india for the purpose of winding up the affairs of a partnership which has been dissolved, and with the intention of returning to england as soon as that purpose is accomplished. he does not by such residence acquire a domicile in 1india, however, long the residence may last. v a, having gone to reside in 1india in the circumstances mentioned in the last preceding illustration, afterwards alters his intention, and takes up his fixed habitation in 1india. a has acquired a domicile in 1india. vi a, whose domicile is in the french settlement of chandernagore, is compelled by political events to take refuge in calcutta, and resides in calcutta for many years in the hope of such political changes as may enable him to return with safety to chandernagore. he does not by such residence acquire a domicile in 1india. vii a, having come to calcutta in the circumstances stated in the last preceding illustration, continues to reside thereafter such political changes have occurred as would enable him to return with safety to chandernagore, and he intends that his residence in calcutta shall be permanent. a, has acquired a domicile in 1india. 1. subs. by act 3 of , s. 3 and the schedule for the states. 2. subs. by the a.o. , for his majestys civil, military, naval or air force service.

section 17. of the indian succession act : save as hereinbefore otherwise provided in this part, a person cannot, during minority, acquire a new domicile.

section 11. of the indian succession act : any person may acquire a domicile in 1india by making and depositing in some office in 1india appointed in this behalf by the state government, a declaration in writing under his hand of his desire to acquire such domicile provided that he has been resident in 1india for one year immediately preceding the time of his making such declaration. 1. subs. by act 3 of , s. 3 and the schedule for the states.

section 13. of the indian succession act : a new domicile continues until the former domicile has been resumed or another has been acquired.

section 20. of the indian succession act : 1 no person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. 2 this section shall not apply to any marriage contracted before, the first day of january, shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties to which professed at the time of the marriage the hindu, muhammadan, buddhist, sikh or jaina religion.

section 16. of the indian succession act : a wifes domicile during her marriage follows the domicile of her husband. exception.the wifes domcile no longer follows that of her husband if they are separated by the sentence of a competent court, or if the husband is undergoing a sentence of transportation.

section 23. of the indian succession act : nothing in this part shall apply to any will made or intestacy occurring before the first day of january, , or to intestate or testamentary succession to the property of any hindu, muhammadan, buddhist, sikh, jaina or parsi.

section 19. of the indian succession act : if a person dies leaving moveable property in 1india, in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of 1india. 1. subs. by act 3 of , s. 3 and the schedule for the states.

section 18. of the indian succession act : an insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.

section 26. of the indian succession act : 1 collateral consanguinity is that which subsists between two persons who are decended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. 2 for the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending.

section 21. of the indian succession act : if a person whose domicile is not in 1india marries in 1india a person whose domicile is in 1india, neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in 1india at the time of the marriage. 1 subs. by act 3 of , s. 3 and the schedule for the states.

section 27. of the indian succession act : for the purpose of succession, there is no distinction a between those who are related to a person deceased through his father, and those who are related to him through his mother or b between those who are related to a person deceased by the full blood, and those who are related to him by the half blood or c between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.

section 22. of the indian succession act : 1 the property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minors father, or, if the father is dead or absent from 1india, with the approbation of the high court. 2 nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of january, , or to intestate or testamentary succession to the property of any hindu, muhammadan, buddhist, sikh or jaina. 1. subs. by act 3 of , s. 3 and the schedule for the states.

section 24. of the indian succession act : kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.

section 25. of the indian succession act : 1 lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and greatgrandfather, and so upwards in the direct ascending line or between a man and his son, grandson, greatgrandson and so downwards in the direct descending line. 2 every generation constitutes a degree, either ascending or descending. 3 a persons father is related to him in the first degree, and so likewise is his son his grandfather and grandson in the second degree his greatgrandfather and greatgrandson in the third degree, and so on.

section 34. of the indian succession act : where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained and, if he has left none who are of kindred to him, it shall go to the government.

section 29. of the indian succession act : 1 this part shall not apply to any intestacy occurring before the first day of january, , or to the property of any hindu, muhammadan, buddhist, sikh or jaina. 2 save as provided in subsection 1 or by any other law for the time being in force, the provisions of this part shall constitute the law of 1india in all cases of intestacy. 1. subs. by act 3 of , s. 3 and the schedule for the states.

section 28. of the indian succession act : degrees of kindred are computed in the manner set forth in the table of kindred set out in schedule i. illustrations i the person whose relatives are to be reckoned, and his cousingerman, or first cousin, are, as shown in the table, related in the fourth degree there being one degree of ascent to the father, and another to the common ancestor, the grandfather and from him one of descent to the uncle, and another to the cousingerman, making in all four degrees. ii a grandson of the brother and a son of the uncle, i.e., a greatnephew and a cousingerman, are in equal degree, being each four degrees removed. iii a grandson of a cousingerman is in the same degree as the grandson of a greatuncle, for they are both in the sixth degree of kindred.

section 30. of the indian succession act : a person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect, illustrations i a has left no will. he has died intestate in respect of the whole of his property. ii a has left a will, whereby he has appointed b his executor but the will contains no other provision. a has died intestate in respect of the distribution of his property. iii a has bequeathed his whole property for an illegal purpose. a has died intestate in respect of the distribution of his property. iv a has bequeathed 1,000 rupees to b and 1,000 rupees to the eldest son of c, and has made no other bequest and has died leaving the sum of 2,000 rupees and no other property. c died before a without having ever had a son. a has died intestate in respect of the distribution of 1,000 rupees.

section 31. of the indian succession act : nothing in this chapter shall apply to parsis.

section 33a. of the indian succession act : 133a. special provision where intestate has left widow and no lineal descendants.1 where the intestate has left a widow but no lineal descendants and the nett value of his property does not exceed five thousand rupees, the whole of his property shall belong to the widow. 2 where the nett value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent. per annum until payment. 3 the provision for the widow made by this section shall be in. addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestates property. 4 the nett value of the property shall be ascertained by deducting from the gross value thereof all debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and charges to which the property shall be subject. 5 this section shall not apply a to the property of i any indian christian, ii any child or grandchild of any male person who is or was at the time of his death an indian christian, or iii any person professing the hindu, buddhist, sikh or jaina religion the succession to whose property is, under section 24 of the special marriage act, 3 of , regulated by the provisions of this act b unless the deceased dies intestate in respect of all his property. 1. ins. by s. 3, ibid.

section 32. of the indian succession act : the property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this chapter. 1 1. the explanation omitted by act 26 of , s. 2 w.e.f. .

section 33. of the indian succession act : where the intestate has left a widow a if he has also left any lineal descendants, onethird of his property shall belong to his widow, and the remaining twothirds shall go to his lineal descendants, according to the rules hereinafter contained b 1save as provided by section 33a, if he has left no lineal descendant, but has left persons who are of kindred to him, onehalf of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained c if he has left none who are of kindred to him, the whole of his property shall belong to his widow. 1. ins. by act 40 of , s. 2.

section 36. of the indian succession act : the rules for the distribution of the intestates property after deducting the widows share, if he has left a widow amongst his lineal descendants shall be those contained in sections 37 to 40.

section 35. of the indian succession act : a husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husbands property, if he dies intestate.

section 42. of the indian succession act : if the intestates father is living, he shall succeed to the property.

section 37. of the indian succession act : where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.

section 38. of the indian succession act : where the intestate has not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or shall be equally divided among all his surviving grandchildren. illustrations i a has three children, and no more, john, mary and henry. they all die before the father, john leaving two children, mary three and henry four. afterwards a dies intestate, leaving those nine grandchildren and no descendant of any decreased grandchild. each of his grandfather will have oneninth. ii but if henry has died, leaving no child, then the whole is equally divided between the intestates five grandchildren, the children of john and mary.

section 39. of the indian succession act : in like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of greatgrandchildren to him, or are all in a more remote degree.

section 41. of the indian succession act : where an intestate has left no linal descendants, the rules for the distribution of his property after deducting the widows share, if he has left a widow shall be those contained in sections 42 to 48.

section 40. of the indian succession act : 1 if the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him. 2 one of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease and one of such shares shall be allotted in respect of each of such deceased lineal descendants and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate. illustrations i a had three children, john, mary and henry john died, leaving four children, and mary died, leaving one, and henry alone survived the father. on the death of a, intestate, onethird is allotted to henry, onethird to johns four children, and the remaining third to marys one child. ii a left no child, but left eight grandchildren, and two children of a deceased grandchild. the property is divided into nine parts, one of which is allotted to each grandchild, and the remaining oneninth is equally divided between the two greatgrandchildren. iii a has three children, john, mary and henry john dies leaving four children and one of johns children dies leaving two children. mary dies leaving one child. a afterwards dies intestate. onethird of his property is allotted to henry, onethird to marys child, and onethird is divided into four parts, one of which is allotted to each of johns three surviving children, and the remaining part is equally divided between johns two grandchildren. iv a has two children, and no more, john and mary. john dies before his father, leaving his wife pregnant. then a dies leaving mary surviving him, and in due time a child of john is born. as property is to be equally divided between mary and the posthumous child.

section 43. of the indian succession act : if the intestates father is dead, but the intestates mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. illustration a dies intestate, survived by his mother and two brothers of the full blood, john and henry, and a sister mary, who is the daughter of his mother but not of his father. the mother takes onefourth, each brother takes onefourth and mary, the sister of half blood, takes onefourth.

section 50. of the indian succession act : 150. general principles relating to intestate succession.for the purpose of intestate succession among parsis a there is no distinction between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive b a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or 2a widow or widower of any lineal descendant shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided and c where a 3widow or widower of any relative of an intestate has married again in the lifetime of the intestate, 4such widow or widower shall not be entitled to receive any share of the property of which the intestate has died intestate, and 4such widow or widower shall be deemed not to be existing at the intestates death. 1. subs. by act 17 of , s. 2, for sections 50 to 56 w.e.f. . 2. subs. by act 51 of , s. 2, for a widow of any lineal descendant w.e.f. . 3. subs. s. 2, ibid., for widow of any relative w.e.f. . 4. subs. by s. 2, ibid., for she w.e.f. .

section 44. of the indian succession act : if the intestates father is dead but the intestates mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestates lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children if more than one taking in equal shares only the shares which their respective parents would have taken if living at the intestates death. illustration a, the intestate, leaves his mother, his brothers john and henry, and also one child of a deceased sister, mary, and two children of george, a deceased brother of the half blood who was the son of his father but not of his mother. the mother takes onefifth, john and henry each takes onefifth, the child of mary takes onefifth, and the two children of george divide the remaining onefifth equally between them.

section 45. of the indian succession act : if the intestates father is dead, but the intestates mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children if more than one taking in equal shares only the shares which their respective parents would have taken if living at the intestates death. illustration a, the intestate, leaves no brother or sister but leaves his mother and one child of a deceased sister, mary, and two children of a deceased brother, george. the mother takes onethird, the child of mary takes onethird, and the children of george divide the remaining onethird equally between them.

section 46. of the indian succession act : if the intestates father is dead, but the intestates mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.

section 47. of the indian succession act : where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children if more than one taking in equal shares only the shares which their respective parents would have taken if living at the intestates death.

section 48. of the indian succession act : where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. illustrations i a, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. they, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. ii a, the intestate, has left a greatgrandfather, or a greatgrandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. all of these being in the third degree will take equal shares. iii a, the intestate, left a greatgrandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. all of these being in the third degree will take equal shares. iv ten children of one brother or sister of the intestate, and one child of another brogher or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him. they will each take oneeleventh of the property.

section 49. of the indian succession act : where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.

section 56. of the indian succession act : where there is no relative entitled to succeed under the other provisions of this chapter to the property of which a parsi has died intestate, the said property shall be divided equally among those of the intestates relatives who are in the nearest degree of kindred to him.

section 51. of the indian succession act : 151. division of intestates property among widow, widower, children and parents.1 subject to the provisions of subsection 2, the property of which a parsi dies intestate shall he divided, a where such parsi dies leaving a widow or widower and children, among the widow or widower, and children so that the widow or widower and each child received equal shares b where such parsi dies leaving children, but no widow or widower, among the children in equal shares. 2 where a parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such parsi dies intestate shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child. 1. subs. by s. 3, ibid., for sections 51 and 52 w.e.f. .

section 57. of the indian succession act : 157. application of certain provisions of part to a class of wills made by hindus, etc.the provisions of this part which are set out in schedule iii shall, subject to the restrictions and modifications specified therein, apply a to all wills and codicils made by any hindu, buddhist, sikh or jaina, on or after the first day of september, , within the territories which at the said date were subject to the lieutenantgovernor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at madras and bombay and b to all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits, 2and c to all wills and codicils made by any hindu, buddhist, sikh or jaina on or after the first day of january, , to which those provisions are not applied by clauses a and b: provided that marriage shall not revoke any such will or codicil. 3 1. subsection 1 renumbered as section 57 thereof by act 18 of , s. 3 w.e.f. which was earlier renumbered as subsection 1 thereof by act 37 of , s. 2 w.e.f. . 2. added by s. 3, ibid. w.e.f. . 3. subsection 2 omitted by act 18 of , s. 3 w.e.f . which was earlier inserted by act 37 of , s. 2 w.e.f. 9 .

section 58. of the indian succession act : 1 the provisions of this part shall not apply to testamentary succession to the property of any muhammadan nor, save as provided by section 57, to testamentary succession to the property of any hindu, buddhist, sikh or jaina nor shall they apply to any will made before the first day of january, . 2 save as provided in subsection 1 or by any other law for the time being in force the provisions of this part shall constitute the law of 1india applicable to all cases of testatmentary succession. 1. subs. by act 3 of , s. 3 and the schedule for he states.

section 53. of the indian succession act : in all cases where a paris dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestates death shall be in accordance with the following rules, namely: a if such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this chapter as if he had died immediately after the intestates death: provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. b if such deceased child was a daughter, her share shall be divided equally among her children. c if any child of such deceased child has, also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestates death, shall be divided in like manner in accordance with clause a or clause b, as the case may be. d where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause c shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestates death by reason of the predecease of all the intestates lineal descendants directly between him or her and the intestate.

section 54. of the indian succession act : 154. division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.where a parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely: a if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower shall take half the said property b if the intestate leaves a widow or widower and also a widow or widower of any lineal descendant, his widow or her widower shall receive onethird of the said property and the widow or widower of any lineal descendant shall receive another onethird or if there is more than one such widow or widower of lineal descendants, the last mentioned onethird shall be divided equally among them c if the intestate leaves no widow or widower, but one widow or widower of the lineal descendant, such widow or widower of the lineal descendant shall receive onethird of the said property or, if the intestate leaves no widow or widower but more than one widow or widower of lineal descendants, twothirds of the said property shall be divided among such widows or widowers of the lineal descendants in equal shares d the residue after the division specified in clause a, or clause b or clause c has been made shall be distributed among the relatives of the intestate in the order specified in part i of schedule ii and the nextofkin standing first in part i of that schedule shall be preferred to those standing second, the second to the third and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares e if there are no relatives entitled to the residue under clause d, the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section. 1. subs. by s. 4, ibid., for section 54 w.e.f. .

section 55. of the indian succession act : when a parsi dies leaving neither lineal descendants nor a widow or widower nor 1a widow or widower of any lineal descendant his or her nextofkin, in the order set forth in part ii of schedule ii, shall be entitled to succeed to the whole of the property of which he or she dies intestate. the nextofkin standing first in part ii of that schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that 2each male and female standing in the same degree of propinquity shall receive equal shares. 1. subs. by act 51 of , s. 5, for a widow of any lineal descendant w.e.f. . 2. subs. by s. 5, ibid., for each male shall take double the share of each female standing in the same degree of propinquity w.e.f. .

section 59. of the indian succession act : every person of sound mind not being a minor may dispose of his property by will. explanation 1.a married woman may dispose by will of any property which she could alienate by her own act during her life. explanation 2.persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it. explanation 3.a person who is ordinarily insane may make a will during interval in which he is of sound mind. explanation 4.no person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. illustrations i a can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his will. a cannot make a valid will. ii a executes an instrument purporting to be his will, but he does not understand the nature of the instrument, nor the effect of its provisions. this instrument is not a valid will. iii a, being very feeble and debilitated, but capable of exercising a judgment as to the proper mode of disposing of his property, makes a will. this is a valid will.

section 66. of the indian succession act : 1 privileged wills may be in writing, or may be made by word of mouth. 2 the execution of privileged wills shall be governed by the following rules: a the will may be written wholly by the testator, with his own hand. in such case it need not be signed or attested. b it may be written wholly or in part by another person, and signed by the testator. in such case it need not be attested. c if the instrument purporting to be a will is written wholly or in part by another person and is not signed by the testator, it shall be deemed to be his will, if it is shown that it was written by the testators directions or that he recognised it as his will. d if it appears on the face of the instrument that the execution of it in the manner intended by the testator was not completed, the instrument shall not, by reason of that circumstance, be invalid, provided that his nonexecution of it can be reasonably ascribed to some cause other than the abandonment of the testamentary intentions expressed in the instrument. e if the soldier,1airman or mariner has written instructions for the preparation of his will, but has died before it could be prepared and executed, such instructions shall be considered to constitute his will. f if the soldier, 1airman or mariner has, in the presence of two witnesses, given verbal instructions for the preparation of his will, and they have been reduced into writing in his lifetime, but he has died before the instrument could be prepared and executed, such instructions shall be considered to constitute his will, although they may not have been reduced into writing in his presence, nor read over to him. g the soldier, 1airman or mariner may make a will by word of mouth by declaring his intentions before two witnesses present at the same time. h a will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will. 1. ins. by act 10 of , s. 2 and the first schedule w.e.f. .

section 60. of the indian succession act : a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority.

section 61. of the indian succession act : a will or any part of a will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. illustrations i a, falsely and knowingly represents to the testator, that the testators only child is dead, or that he has done some undutiful act and thereby induces the. testator to make a will in his, as favour such will has been obtained by fraud, and is ii a, by fraud and deception, prevails upon the testator to bequeath a legacy to him. the bequest is void. iii a, being a prisoner by lawful authority, makes his will. the will is not invalid by reason of the imprisonment. iv a threatens to shoot b, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of c. b, in consequence, makes a bequest in favour of c. the bequest is void, the making of it having been caused by coercion. v a, being of sufficient intellect, if undistrubed by the influence of others, to make a will yet being so much under the control of b that he is not a free agent, makes a will, dictated by b. it appears that he would not have executed the will but for fear of b. the will is invalid. vi a, being in so feeble a state of health as to be unable to resist importunity, is pressed by b to make a will of a certain purport and does so merely to purchase peace and in submission to b. the will is invalid. vii a being in such a state of health as to be capable of exercising his own judgment and volition, b uses urgent intercession and persuasion with him to induce him to make a will of a certain purport. a, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his will in the manner recommended by b. the will is not redered invalid by the intercession and persuasion of b. viii a, with a view to obaining a legacy from b, pays him attention and flatters him and thereby produces in him a capricious partiality to a. b, in consequence of such attention and flattery, makes his will, by which he leaves a legacy to a. the bequest is not rendered invalid by the attention and flattery of a.

section 67. of the indian succession act : a will shall not be deemed to be insufficiently attested by reason of any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband but the bequest or appointment shall be void so far as concerns the person so attesting, or the wife or husband of such person, or any person claiming under either of them. explanation.a legatee under a will does not lose his legacy by attesting a codicil which confirms the will.

section 62. of the indian succession act : a will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.

section 63. of the indian succession act : every testator, not being a soldier employed in an expedition or engaged in actual warfare, 1or an airman so employed or engaged, or a mariner at sea, shall execute his will according to the following rules: a the testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction. b the signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will. c the will shall be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the will or has seen some other person sign the will, in the presence and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person and each of the witnesses shall sign the will in the presence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary. 1. ins. by act 10 of , s. 2 and the first schedule w.e.f. .

section 65. of the indian succession act : any soldier being employed in an expedition or engaged in actual warfare, 1or an airman so employed or engaged, or any mariner being at sea, may, if he has completed the age of eighteen years, dispose of his property by a will made in the manner provided in section 66. such wills are called privileged wills. illustrations i a, a medical officer attached to a regiment is actually employed in an expedition. he is a soldier actually employed in an expedition, and can make a privileged will. ii a is at sea in a merchantship, of which he is the purser. he is a mariner, and, being at sea, can make a privileged will. iii a, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will. iv a, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. he is, for the purposes of this section, a mariner at sea, and can make a privileged will. v a, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privleged will. vi a, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will. 1. ins. by act 10 of , s. 2 and the first schedule w.e.f. .

section 64. of the indian succession act : if a testator, in a will or codicil duly attested, refers to any other document then actually written as expressing any part of his intentions, such document shall be deemed to form a part of the will or codicil in which it is referred to.

section 70. of the indian succession act : no unprivileged will or codicil, nor any part thereof, shall be trevoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein before required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. illustrations i a has made an unprivileged will. afterwards, a makes another unprivileged will which purports to revoke the first. this is a revocation. ii a has made an unprivileged will. afterwards, a, being entitled to make a privileged will, makes a privileged will, which purports to revoke his unprivileged will. this is a revocation.

section 68. of the indian succession act : no person, by reason of interest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the execution of the will or to prove the validity or invalidity thereof.

section 75. of the indian succession act : for the purpose of determining questions as to what person or what property is denoted by any words used in a will, a court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. illustrations i a, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild, or to his cousin, mary. a court may make inquiry in order to ascertain to what person the description in the will applies. ii a, by his will, leaves to b my estate called black acre. it may be necessary to take evidence in order to ascertain what is the subjectmatter of the bequest that is to say, what estate of the testators is called black acre. iii a, by his will, leaves to b the estate which i purchased of c. it may be necessary to take evidence in order to ascertain what estate the testator purchased of c.

section 69. of the indian succession act : every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. explanation.where a man is invested with power to determine the disposition of property of which he is not the owner, he is said to have power to appoint such property.

section 71. of the indian succession act : no obliteration, interlineation or other alteration made in any unprivileged will after the execution thereof shall have any effect, except so far as the words or meaning of the will have been thereby rendered illegible or undiscernible, unless such alteration has been executed in like manner as hereinbefore is required for the execution of the will: provided that the will, as so altered, shall be deemed to be duly executed if the signature of the testator and the subscription of the witnesses is made in the margin or on some other part of the will opposite or near to such alteration, or at the foot or end of or opposite to a memorandum referring to such alteration, and written at the end or some other part of the will.

section 76. of the indian succession act : 1 where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, and error in the name or description shall not prevent the legacy from taking effect. 2 a mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. illustrations i a bequeaths a legacy to thomas, the second son of my brother john. the testator has an only brother named john, who has no son named thomas, but has a second son whose name is william. william will have the legacy. ii a bequeaths a legacy to thomas, the second son of my brother john. the testator has an only brother, named john, whose first son is named thomas and whose second son is named william. thomas will have the legacy. iii the testator bequeaths his property to a and b, the legitimate children of c. c has no legitimate child, but has two illegitimate children, a and b. the bequest to a and b takes effect, although they are illegitimate. iv the testator gives his residuary estate to be divided among my seven children and, proceeding to enumerate them, mentions six names only. this omission will not prevent the seventh child from taking a share with the others. v the testator, having six grandchildren, makes a bequest to my six grandchildren and, proceeding to mention them by their christian names, mentions one twice over omitting another altogether. the one whose name is not mentioned will take a share with the others. vi the testator bequeaths 1,000 rupees to each of the three children of a. at the date of the will a has four children. each of these four children will, if he survives the testator, receive a legacy of 1,000 rupees.

section 72. of the indian succession act : a privileged will or codicil, may be revoked by the testator by an unprivileged will .or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. explanation.in order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will

section 73. of the indian succession act : 1 no unprivileged will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise than by the reexecution thereof, or by a codicil executed in manner herein before required, and showing an intention to revive the same. 2 when any will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the will or codicil.

section 74. of the indian succession act : it is not necessary,. that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom.

section 77. of the indian succession act : where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. illustration the testator gives a legacy of five hundred to his daughter a and a legacy of five hundred rupees to his daughter b. a will take a legacy of five hundred rupees.

section 78. of the indian succession act : if the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect. illustrations i a bequeaths to b my marshlands lying in l and in the occupation of x. the testator had marshlands lying in l but had no marshlands in the occupation of x. the words in the occupation of x shall be rejected as erroneous, and the marshlands of the testator lying in l will pass by the bequest. ii the testator bequeaths to a my zamindari of rampur. he had an estate at rampur but it was a taluq and not a zamindari. the taluq passes by this bequest.

section 79. of the indian succession act : if a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply. explanation.in judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. illustrations i a bequeaths to b my marshlands lying in l and in the occupation of x. the testator had marshlands lying in l, some of which were in the occupation of x, and some not in the occupation of x. the bequest will be considered as limited to such of the testators marshlands in l as were in the occupation of x. ii a bequeaths to b my marshlands lying in l and in the occupation of x, comprising 1,000 bighas of lands. the testator had marshlands lying in l some of which were in the occupation of x and some not in the occupation of x. the measurement is wholly inapplicable to the marshlands of either class, or to the whole taken together. the measurement will be considered as struck out of the will, and such of the testators marshlands lying in l as were in the occupation of x shall alone pass by the bequest.

section 84. of the indian succession act : where a clause is susceptible of two meanings according to one of which it has some effect, and according to the other of which it can have none, the former shall be preferred.

section 80. of the indian succession act : where the words of a will are unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of which can have been intended by the testator, extrinsic evidence may be taken to show which of these applications was intended. illustrations i a man, having two cousins of the name of mary, bequeaths a sum of money to my cousin mary. it appears that there are two persons, each answering the description in the will. that description, therefore, admits of two applications, only one of which can have been intended by the testator. evidence is admissible to show which of the two applications was intended. ii a, by his will, leaves to b my estate called sultanpur khurd. it turns out that he had two estates called sultanpur khurd. evidence is admissible to show which estate was intended.

section 81. of the indian succession act : where there is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of the testator shall be admitted. illustrations i a man has an aunt, caroline, and a cousin, mary, and has no aunt of the name of mary. by his will he bequeaths 1,000 rupees to my aunt, caroline and 1,000 rupees to my cousin, mary and afterwards bequeaths 2,000 rupees to my beforementioned aunt, mary. there is no person to whom the description given in the will can apply, and evidence is not admissible to show who was meant by my beforementioned aunt, mary. the bequest is, therefore, void for uncertainty under section 89. ii a bequeaths 1,000 rupees to............leaving a blank for the name of the legatee. evidence is not admissible to show what name the testator intended to insert. iii a bequeaths to b .......................rupees, or my estate of........................ evidence is not admissible to show what sum or what estate the testator intended to insert.

section 85. of the indian succession act : no part of a will shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it.

section 83. of the indian succession act : general words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the will that the testator meant to use them in such wider sense. illustrations i a testator gives to a my farm in the occupation of b, and to c all my marshlands in l. part of the farm in the occupation of b consists of marshlands in l, and the testator also has other marshlands in l, the general words, all my marshlands in l, are restricted by the gift to a. a takes the whole of the farm in the occupation of b, including that portion of the farm which consists of marshlands in l. ii the testator a sailor on shipboard bequeathed to his mother his gold ring, buttons and chest of clothes, and to his friend, a a shipmate his red box, claspknife and all things not before bequeathed. the testators share in a house does not pass to a under this bequest. iii a, by his will, bequeathed to b all his household furniture plate, linen, china, books, pictures and all other goods of whatever kind and afterwards bequeathed to b a specified part of his property. under the first bequest is b entitled only to such articles of the testators as are of the same nature with the articles therein enumerated.

section 82. of the indian succession act : the meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. illustrations i the testator gives to b a specific fund or property at the death of a, and by a subsequent clause gives the whole of his property to a. the effect of the several clauses taken together is to vest the specific fund or property in a for life, and after his decease in b it appearing from the bequest to b that the testator meant to use in a restricted sense the words in which he describes what he gives to a. ii where a testator having an estate, one part of which is called black acre, bequeaths the whole of his estate to a, and in another part of his will bequeaths black acre to b, the latter bequest is to be read as an exception out of the first as if he had said i give black acre to b, and all the rest of my estate to a.

section 87. of the indian succession act : the intention of the testator shall not be set aside because it cannot take effect to the full extent, but effect is to be given to it as far as possible. illustration the testator by a will made on his deathbed bequeathed all his property to c.d. for life and after his decease to a certain hospital. the intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to c.d.

section 86. of the indian succession act : if the same words occur in different parts of the same will, they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears.

section 88. of the indian succession act : where two clauses of gifts in a will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. illustrations i the testator by the first clause of his will leaves his estate of ramnagar to a, and by the last clause of his will leaves it to b and not to a. b will have it. ii if a man, at the commencement of his will gives his house to a, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of b, the latter disposition will prevail.

section 93., of particular person without qualifying terms. of the indian succession act : where a bequest is made to the heirs or right heirs or relations or nearest relations or family or kindred or nearest of kin or nextofkin of a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. illustrations i a leaves his property to my own nearest relations. the property goes to those who would be entitled to it if a had died intestate, leaving assets for the payment of his debts independently of such property. ii a bequeaths 10,000 rupees to b for his life, and, after the death of b, to my own right heirs. the legacy after bs death belongs to those who would be entitled to it if it had formed part of as unbequeathed property. iii a leaves his property to b but if b dies before him, to bs nextof kin b dies before a the property devolves as if it had belonged to b, and he had died intestate, leaving assets for the payment of his debts independently of such property. iv a leaves 10,000 rupees to b for his life, and after his decease to the heirs of c. the legacy goes as if it had belonged to c, and he had died intestate, leaving assets for the payment of his debt independently of the legacy.

section 89. of the indian succession act : a will or bequest not expressive of any definite intention is void for uncertainty. illustration if a testator says i bequeath goods to a, or i bequeath to a, or i leave to a all the goods mentioned in the schedule and no schedule is found, or i bequeath money, wheat, oil, or the like, without saying how much, this is void.

section 91. of the indian succession act : unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power and a bequest of property described in a general manner shall be construed to include any property to which such description may extend, which he may have power to appoint by will to any object he may think proper, and shall operate as an execution of such power.

section 90. of the indian succession act : the description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.

section 92. of the indian succession act : where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit of certain objects in such proportions as a specified person may appoint, and the will does not provide for the event of no appointment being made if the power given by the will is not exercised, the property belongs to all the objects of the power in equal shares. illustration a, by his will bequeaths a fund to his wife, for her life, and directs that at her death it shall be divided among his children in such proportions as she shall appoint. the widow dies without having made any appointment. the fund will be divided equally among the children.

section 95. of the indian succession act : where property is bequeathed to any person, he is entitled to the whole interest of the testator therein, unless it appears from the will that only a restricted interest was intended for him.

section 98. of the indian succession act : where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy.

section 94., of particular person. of the indian succession act : where a bequest is made to the representatives or legal representatives or personal representatives or executors or administrators of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it. illustration a bequest is made to the legal representatives of a. a has died intestate and insolvent. b is his administrator. b is entitled to receive the legacy, and will apply it in the first place to the discharge of such part of as debt as may remain unpaid: if there be any surplus b will pay it to those persons who at as death would have been entitled to receive any property of as which might remain after payment of his debts, or to the representatives of such persons.

section 100. of the indian succession act : in the absence of any intimation to the contrary in a will, the word child, the word son, the word daughter or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. illustrations i a having three children, b, c and a of whom b and care legitimate and d is illegitimate leaves his property to be equally divided among my children. the property belongs to b and c in equal shares, to the exclusion of d. ii a, having a niece of illegitimate birth, who has acquired the reputation of being his niece and having no legitimate niece, bequeaths a sum of money to his niece. the illegitimate niece is entitled to the legacy. iii a, having in his will enumerated his children, and named as one of them b, who is illegitimate, leaves a legacy to my said children. b will take a share in the legacy along with the legitimate children. iv a leaves a legacy to the children of b. b is dead and has left none but illegitimate children. all those who had at the date of the will acquired the reputation of being the children of b are objects of the gift. v a bequeaths a legacy to the children of b. b never had any legitimate child. c and d had, at the date of the will, acquired the reputation of being children of b. after the date of the will and before the death of the testator, e and f were born, and acquired the reputation of being children of b. only c and d are objects of the bequest. vi a makes a bequest in favour of his child by a certain woman, not his wife. b had acquired at the date of the will the reputation of being the child of a by the woman designated. b takes the legacy. vii a makes a bequest in favour of his child to be born of a woman who never becomes his wife. the bequest is void. viii a makes a bequest in favour of the child of which a certain woman, not married to him, is pregnant. the bequest is void.

section 97. of the indian succession act : where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will. illustrations i a bequest is made to a and his children, to a and his children by his present wife, to a and his heirs, to a and the heirs of his body, to a and the heirs male of his body, to a and the heirs female of his body, to a and his issue, to a and his family, to a and his descendants, to a and his representatives, to a and his personal representatives, to a, his executors and administrators. in each of these cases, a takes the whole interest which the testator had in the property. ii a bequest is made to a and his brothers. a and his brothers are jointly entitled to the legacy. iii a bequest is made to a for life and after his death to his issue. at the death of a the property belongs in equal shares to all persons who then answer the description of issue of a.

section 99. of the indian succession act : in a will a the word children applies only to lineal descendants in the first degree of the person whose children are spoken of b the word grandchildren applies only to lineal descendants in the second degree of the person whose grand children are spoken of c the words nephews and nieces apply only to children of brothers or sisters d the words cousins, or first cousins, or cousinsgerman, apply only to children of brothers or of sisters of the father or mother of the person whose cousins, or first cousins, or cousinsgerman, are spoken of e the words first cousins once removed apply only to children of cousinsgerman, or to cousinsgerman of a parent of the person whose first cousins once removed are spoken of f the words second cousins apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose second cousins are spoken of g the words issue and descendants apply to all lineal descendants whatever of the person whose issue or descendants are spoken of h words expressive of collateral relationship apply alike to relatives of full and of half blood and i all words expressive of relationship apply to a child in the womb who is afterwards born alive.

section 96. of the indian succession act : where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. illustrations i a bequest is made to a or to b. a survives the testator. b takes nothing. ii a bequest is made to a or to b. a dies after the date of the will, and before the testator. the legacy goes to b. iii a bequest is made to a or to b. a is dead at the date of the will. the legacy goes to b. iv property is bequeathed to a or his heirs. a survives the testator. a takes the property absolutely. v properly is bequeathed to a or his nearest of kin. a dies in the lifetime of the testator. upon the death of the testator, the bequest to as nearest of kin takes effect. vi properly is bequeathed to a for life, and after this death to b or his heirs. a and b survive the testator. b dies in as lifetime. upon as death the bequest to the heirs of b takes effect. vii property is bequeathed to a for life, and after his death to b or his heirs. b dies in the testators lifetime. a survives the testator. upon as death the bequest to the heirs of b takes effect.

section 108. of the indian succession act : where a share which lapses is a part of the general residue bequeathed by the will, that share shall go as undisposed of. illustration the testator bequeaths me residue of his estate to a, b and c, to be equally divided between them. a dies before the testator. his onethird of the residue goes as undisposed of.

section 101. of the indian succession act : where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to be put upon the will: a if the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. b where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. c where two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee is entitled to both. d where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies. explanation: in clauses a to d of this section, the word will does not include a codicil. illustrations i a, having ten shares, and no more, in the imperial bank of india, made his will, which contains near its commencement the words i bequeath my ten shares in the imperial bank of india to b. after other bequests, the will concludes with the words and i bequeath my ten shares in the imperial bank of india to b. b is entitled simply to receive as ten shares in the imperial bank of india. ii a, having one diamond ring, which was given to him by b, bequeaths to c the diamond ring which was given by b. a afterwards made a codicil to his will, and thereby, after giving other legacies, he bequeathed to c the diamond ring which was given to him by b, c can claim nothing except the diamond ring which was given to a by b. iii a, by his will, bequeaths to b the sum of 5,000 rupees and afterwards in the same will repeats the bequest in the same words. b is entitled to one legacy of 5,000 rupees only. iv a, by his will, bequeaths to b the sum of 5,000 rupees and afterwards in the same will bequeaths to b the sum of 6,000 rupees. b is entitled to receive 11,000 rupees. v a, by his will, bequeaths to b 5,000 rupees and by a codicil to the will he bequeaths to him 5,000 rupees. b is entitled to receive 10,000 rupees. vi a, by one codicil to his will, bequeaths to b 5,000 rupees and by another codicil bequeaths to him, 6,000 rupees. b is entitled to receive 11,000 rupees. vii a, by his will, bequeaths 500 rupees to b because she was my nurse, and is another part of the will bequeaths 500 rupees to b because she went to england with my children. b is entitled to receive 1,000 rupees. viii a, by his will, bequeaths to b the sum of 5,000 rupees and also, in another part of the will, an annuity of 400 rupees. b is entitled to both legacies. ix a, by his will, bequeaths to b the sum of 5,000 rupees and also bequeaths to him the sum of 5,000 rupees if he shall attain the age of 18. b is entitled absolutely to one sum of 5,000 rupees, and takes a contingent interest in another sum of 5,000 rupees.

section 102. of the indian succession act : a residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. illustrations i a makes her will, consisting of several testamentary papers, in one of which are contained the following words:i think there will be something left, after all funeral expenses, etc., to give to b, now at school, towards equipping him to any profession he may hereafter be appointed to. b is constituted residuary legatee. ii a makes his will, with the following passage at the end of it:i believe there will be found sufficient in my bankers hands to defray and discharge my debts, which i hereby, desire b to do, and keep the residue for her own use and pleasure.b is constituted the residuary legatee. iii a bequeaths all his property to b, except certain stock and funds, which he bequeaths to c. b is the residuary legatee.

section 107. of the indian succession act : if a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testators property. illustration a sum of money is bequeathed to a, b and c, to be equally divided among them. a dies before the testator, b and c will only take so much as they would have had if a had survived the testator.

section 106. of the indian succession act : if a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. illustration the legacy is simply to a and b. a dies before the testator. b takes the legacy.

section 103. of the indian succession act : under a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which is capable of taking effect. illustration a by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death of the legatee. he bequeaths the residue of his property to b. after the date of his will a purchases a zamindari, which belongs to him at the time of his death. b is entitled to the two legacies and the zamindari as part of the residue.

section 104. of the indian succession act : if a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and, if he dies without having received it, it shall pass to his representatives.

section 105. of the indian succession act : 1 if the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testators property, unless it appears by the will that the testator intended that it should go to some other person. 2 in order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. illustrations i the testator bequeaths to b 500 rupees which b owes me. b dies before the testator the legacy lapses. ii a bequest is made to a and his children. a dies before the testator, or happens to be dead when the will is made. the legacy to a and his children lapses. iii a legacy is given to a, and, in case of his dying before the testator, to b. a dies before the testator. the legacy goes to b. iv a sum of money is bequeathed to a for life, and after his death to b. a dies in the lifetime of the testator b survives the testator. the bequest to b takes effect. v a sum of money is bequeathed to a on his completing his eighteenth year, and in case he should die before he completes his eighteenth year, to b. a completes his eighteenth year, and dies in the lifetime of the testator. the legacy to a lapses, and the bequest to ii does not take effect. vi the testator and the legatee perished in the same shipwreck. there is no evidence to show which died first. the legacy lapses.

section 109. of the indian succession act : where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the will. illustration a makes his will, by which he bequeaths a sum of money to his son, b, for his own absolute use and benefit. b dies before a, leaving a son, c, who survives a, and having made his will whereby he bequeaths all his property to his widow. d. the money goes to d.

section 110. of the indian succession act : where a bequest is made to one person, for the benefit of another, the legacy does not lapse by the death, in the testators lifetime, of the person to whom the bequest is made.

section 111. of the indian succession act : where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testators death. exception.if property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator. illustrations i a bequeaths 1,000 rupees to the children of b without saying when it is to be distributed among them. b had died previous to the date of the will, leaving three children, c, d and e. e died after the date of the will, but before the death of a. c and d survive a. the legacy will belong to c and d, to the exclusion of the representatives of e. ii a lease for years of a house, was bequeathed to a for his life, and after his decease to the children of b. at the death of the testator, b had two children living, c and d, and he never had any other child. afterwards, during the lifetime of a, c died, leaving e, his executor. d has survived a, d and e are jointly entitled to so much of the leasehold term as remains unexpired. iii a sum of money was bequeathed to a for her life, and after her decease to the children of 13. at the death of the testator, b had two children living, c and d, and, after that event, two children, e and f, were born to b. c and e died in the lifetime of a, c having made a will, e having made no will. a has died, leaving d and f surviving her. the legacy is to be divided into four equal parts, one of which is to be paid to the executor of c, one to d, one to the administrator of e and one to f. iv a bequeaths onethird of his lands to b for his life, and after his decease to the sisters of b. at the death of the testator, b had two sisters living, c and d, and after that event another sister e was born. c died during the life of b, d and e have survived b. onethird of as land belong to d, e and the representatives of c, in, equal shares. v a bequeaths 1,000 rupees to b for life and after his death equally among the children of c. up to the death of b, c had not had any child. the bequest after the death of b is void. vi a bequeaths 1,000 rupees to all the children born or to be born of b to be divided among them at the death of c. at the death of the testator, b has two children living, d and e. after the death of the testator, but in the lifetime of c, two other children, f and g, are born to b. after the death of c, another child is horn to b. the legacy belongs to d, e, f and g, to the exclusion of the afterborn child of b. vii a bequeaths a fund to the children of b, to be divided among them when the eldest shall attain majority. at the testators death, b had one child living, named c. he afterwards had two other children, named d and e. e died, but c and d were living when c attained majority. the fund belongs to c, d and the representatives of e, to the exclusion of any child who may be born to b after cs attaining majority.

section 117. of the indian succession act : 1117. effect of direction for accumulation.1 where the terms of a will direct that the income arising from any property shall be accumulated either wholly or in part during any period longer than a period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid period, and at the end of such period of eighteen years the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. 2 this section shall not effect any direction for accumulation for the purpose of i the payment of the debts of the testator or any other person taking any interest under the will, or ii the provision of portions for children or remoter issue of the testator or of any other person taking any interest under the will, or iii the preservation or maintenance of any property bequeathed and such direction may be made accordingly. 1. subs. by act 21 of , s. 14, for section 117.

section 113. of the indian succession act : where a bequest is made to a person not in existence at the time of the testators death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. illustrations i property is bequeathed to a for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. at the time of the testators death, a has no son. here the bequest to as eldest son is a bequest to a person not in existence at the testators death. it is not a bequest of the whole interest that remains to the testator. the bequest to as eldest son for his life is void. ii a fund is bequeathed to a for his life, and after his death to his daughters. a survives the testator. a has daughters some of whom were not in existence at the testators death. the bequest to as daughters comprises the whole interest that remains to the testator in the thing bequeathed. the bequest to as daughters is valid. iii a fund is bequeathed to a for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of eighteen, her portion shall be settled so that it may belong, to herself for life and may be divisible among her children after her death. a has no daughters living at the time of the testators death, but has daughters born afterwards who survive him. here the direction for a settlement has the effect in the case of each daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her life that is to say, a bequest to a person not in existence at the time of the testators death of something which is less than the whole interest that remains to the testator in the thing bequeathed. the direction to settle the fund is void. iv a bequeaths a sum of money to b for life, and directs that upon the death of b the fund shall be settled upon his daughters, so that the portion of each daughter may belong to herself for life, and may be divided among her children after her death. b has no daughter living at the time of the testators death. in this case the only bequest to the daughters of b is contained in the direction to settle the fund, and this direction amounts to a bequest to persons not yet born, of a lifeinterest in the fund, that is to say, of something which is less than the whole interest that remains to the testator in the thing bequeathed. the direction to settle the fund upon the daughters of b is void.

section 114. of the indian succession act : no bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the lifetime of one or more persons living at the testators death and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong. illustrations i a fund is bequeathed to a for his life and after his death to b for his life and after bs death to such of the sons of b as shall first attain the age of 25. a and b survive the testator. here the son of b who shall first attain the age of 25 may be a son born after the death of the testator such son may not attain 25 until more than 18 years have elapsed from the death of the longer liver of a and b and the vesting of the fund may thus be delayed beyond the lifetime of a and b and the minority of the sons of b. the bequest after bs death is void. ii a fund is bequeathed to a for his life, and after his death to b for his life, and after bs death to such of bs sons as shall first attain the age of 25. b dies in the lifetime of the testator, leaving one or more sons. in this case the sons of b are persons living at the time of the testators decease, and the time ashen either of them will attain 25 necessarily falls within his own lifetime. the bequest is valid. iii a fund is bequeathed to a for his life, and after his death to b for his life, with a direction that after bs death it shall be divided amongst such of bs children as shall attain the age of 18, but that, if no child of b shall attain that age, the fund shall go to c. here the time for the division of the fund must arrive at the latest at the expiration of 18 years from the death of b, a person living at the testators decease. all the bequests are valid. iv a fund is bequeathed to trustees for the benefit of the testators daughters, with a direction that, if any of them marry under age, her share of the fund shall be settled so as to devolve after her death upon such of her children as shall attain the age of 18. any daugther of the testator to whom the direction applies must be in existence at his decease, and any portion of the fund which may eventually be settled as directed must vest not later than 18 years from the death of the daughters whose share it was. all these provisions are valid.

section 115. of the indian succession act : if a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1void in regard to those persons only, and not in regard to the whole class. illustrations i a fund is bequeathed to a for life, and after his death to all his children who shall attain the age of 25. a survives the testator, and has some children living at the testators death. each child of as living at the testators death must attain the age of 25 if at all within the limits allowed for a bequest. but a may have children after the testators decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of a. the bequest to as children, therefore, is inoperative as to any child born after the testators death 2and in regard to those who do not attain the age of 25 within 18 years after as death, but is operative in regard to the other children of al ii a fund is bequeathed to a for his life, and after his death to b, c, d and all other children of a who shall attain the age of 25. b, c, d are children of a living at the testators decease. in all other respects the case is the same as that supposed in illustration i. 2although the mention of b, c and d does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. it is operative as regards any of the children b, c or d, who attain the age of 25 within 18 years after as death. 1. subs. by act 21 of , s. 14, for wholly void. 2. subs. by s. 14, ibid., for certain words.

section 119. of the indian succession act : where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testators death, and shall pass to the legatees representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testators death said to be vested in interest. explanation.an intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that, if a particular event shall happen, the legacy shall go over to another person. illustrations i a bequeaths to b 100 rupees, to be paid to him at the death of c. on as death the legacy becomes vested in interest in b, and if he dies before c, his representatives are entitled to the legacy. ii a bequeaths to b 100 rupees, to be paid to him upon his attaining the age of 18. on as death the legacy becomes vested in interest b. iii a fund is bequeathed to a for life, and after his death to b. on the testators death the legacy to b becomes vested in interest in b. iv a fund is bequeathed to a until b attains the age of 18 and then to b. the legacy to b is vested in interest from the testators death. v a bequeaths the whole of his property to b upon trust to pay certain debts out of the income, and then to make over the fund to c. at as death the gift to c becomes vested in interest in him. vi a fund is bequeathed to a, b and c in equal shares to be paid to them on their attaining the age of 18, respectively, with a proviso that, if all of them die under the age of 18, the legacy shall devolve upon d. on the death of the testator, the shares vested in interest in a, b and c, subject to be divested in case a, b and c shall all die under 18, and, upon the death of any of them except the last survivor under the age of 18, his vested interest passes, so subject, to his representatives.

section 116. of the indian succession act : 1where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void. illustrations i a fund is bequeathed to a for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to b. a and b survive the testator. the bequest to b is intended to take effect after the bequest to such of the sons of a as shall first attain the age of 25, which bequest is void under section 114. the bequest to b is void. ii a fund is bequeathed to a for his life, and after his death to such of his sons as shall first attain the age of 25, and, if no son of a shall attain that age, to b. a and b survive the testator. the bequest to b is intended to take effect upon failure of the bequest to such of as sons as shall first attain the age of 25, which bequest is void under section 114. the bequest to b is void. 1. subs. by s. 14, ibid., for section 116.

section 112. of the indian succession act : where a bequest is made to a person by a particular description, and there is no person in existence at the testators death who answers the description, the bequest is void. exception.if property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise and if a person answering the description is alive at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives. illustrations i a bequeaths 1,000 rupees to the eldest son of b. at the death of the testator, b has no son. the bequest is void. ii a bequeaths 1,000 rupees to b for life, and after his death to the eldest son of c. at the death of the testator, c had no son. afterwards, during the life of b, a son is born to c. upon bs death the legacy goes to .cs son. iii a bequeaths 1,000 rupees to b for life, and after his death to the eldest son of c. at the death of the testator, c had no son. afterwards, during the life of b, a son, named d, is born to c. d dies, then b dies. the legacy goes to the representative of d. iv a bequeaths his estate of green acre to be for life, and at his decease, to the eldest son of c. up to the death of b, c has had no son. the bequest to cs eldest son is void. v a bequeaths 1,000 rupees to the eldest son of c, to be paid to him after the death of b. at the death of the testator c has no son, but a son is afterwards born to him during the life of b and is alive at bs death. cs son is entitled to the 1,000 rupees.

section 118. of the indian succession act : no man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons: 1provided that nothing in this section shall apply to a parsi. illustrations a having a nephew makes a bequest by a will not executed and deposited as required for the relief of poor people for the maintenance of sick soldiers for the erection or support of a hospital for the education and preferment of orphans for the support of scholars for the erection or support of a school for the building and repairs of a bridge for the making of roads for the erection or support of a church for the repairs of a church for the benefit of ministers of religion for the formation or support of a public garden all these bequests are void. 1. ins. by act 51 of , s. 6.

section 120. of the indian succession act : 1 a legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. 2 a legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. 3 in either case, until the condition has been fulfilled, the interest of the legatee is called contingent. exception.where a fund is bequeathed to any person upon his attaining a particular age, and the will also gives to him absolutely the income to arise from the fund before he reaches that age, or directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest of the fund is not contingent. illustrations i a legacy is bequeathed to d in case a, b and c shall all die under the age of 18. d has a contingent interest in the legacy until a, b and c all die under 18, or one of them attains that age. ii a sum of money is bequeathed to a in case he shall attain the age of 18, or when he shall attain the age of 18. as interest in the legacy is contingent until the condition is fulfilled by his attaining that age. iii an estate is bequeathed to a for life, and after his death to b if b shall then be living but if b shall not be then living to c. a, b and c survive the testator. b and c each take a contingent interest in the estate until the event which is to vest it in one, or in the other has happened. iv an estate is bequeathed as in the case last supposed. b dies in the lifetime of a and c. upon the death of b, c acquires a vested right to obtain possession of the estate upon as death. v a legacy is bequeathed to a when she shall attain the age of 18, or shall marry under that age with the consent of b, with a proviso that, if she neither attains 18 nor marries under that age with bs consent, the legacy shall go to c. a and c each take a contingent interest in the legacy. a attains the age of 18. a becomes absolutely entitled to the legacy although she may have married under 18 without the consent of b. vi an estate is bequeathed to a until he shall marry and after that event to b. bs interest in the bequest is contingent until the condition is fulfilled by as marrying. vii an estate is bequeathed to a until he shall take advantage of any law for the relief of insolvent debtors, and after that event to b. bs interest in the bequest is contingent until a takes advantage of such a law. viii an estate is bequeathed to a if he shall pay 500 rupees to b. as interest in the bequest is contingent until he has paid 500 rupees to b. ix a leaves his farm of sultanpur khurd to b, if b shall convey his own farm of sultanpur buzurg to c. bs interest in the bequest is contingent until he has conveyed the latter farm to c. x a fund is bequeathed to a if b shall not marry c within five years after the testators death. as interest in the legacy is contingent until the condition is fulfilled by the expiration of the five years without bs having married c, or by the occurrence within that period of an event which makes the fulfilment of the condition impossible. xi a fund is bequeathed to a if b shall not make any provision for him by will. the legacy is contingent until bs death. xii a bequeaths of b 500 rupees a year upon his attaining the age of 18, and directs that the interest, or a competent part thereof, shall be applied for his benefit until he reaches that age. the legacy is vested. xiii a bequeaths to b 500 rupees when he shall attain the age of 18 and directs that a certain sum, out of another fund, shall be applied for his maintenance until he arrives at that age. the legacy is contingent.

section 121. of the indian succession act : where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. illustration a fund is bequeathed to such of the children of a as shall attain the age of 18, with a direction that, while any child of a shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. no child of a who is under the age of 18 has a vested interest in the bequest.

section 122. of the indian succession act : where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully. illustration a, having shares in x, a prosperous joint stock company and also shares in y, a joint stock company in difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to b all his shares in joint stock companies b refuses to accept the shares in y. he forfeits the shares in x.

section 127. of the indian succession act : a bequest upon a condition, the fulfilment of which would be contrary to law or to morality is void. illustrations i a bequeaths 500 rupees to b on condition that he shall murder c. the bequest is void. ii a bequeaths 5,000 rupees to his niece if she will desert her husband. the bequest is void.

section 123. of the indian succession act : where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. illustration a, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to b the lease and a sum of money. b refuses to accept the lease. he will not by this refusal forfeit the money.

section 128. of the indian succession act : where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. illustrations i a legacy is bequeathed to a on condition that he shall marry with the consent of b, c, d and e. a marries with the written consent of b. c is present at the marriage. d sends a present to a previous to the marriage. e has been personally informed by a of his intentions, and has made no objection. a has fulfilled the condition. ii a legacy is bequeathed to a on condition that he shall marry with the consent of b, c and d. d dies. a marries with the consent of b and c. a has fulfilled the condition. iii a legacy is bequeathed to a on condition that he shall marry with the consent of b, c and d. a marries in the lifetime of b, c and d, with the consent of b and c only. a has not fulfilled the condition. iv a legacy is bequeathed to a on condition that he shall marry with the consent of b, c and d. a obtains the unconditional assent of b, c and d to his marriage with e. afterwards b, c and d capriciously retract their consent. a marries e. a has fulfilled the condition. v a legacy is bequeathed to a on condition that he shall marry with the consent of b, c and d. a marries without the consent of b, c and d, but obtains their consent after the marriage. a has not fulfilled the condition. vi a make his will whereby he bequeaths a sum of money to b if b shall marry with the consent of as executors. b marries during the lifetime of a, and a afterwards expresses his approbation of the marriage. a dies. the bequest to b takes effect. vii a legacy is bequeathed to a if he executes a certain document within a time specified in the will. the document is executed by a within a reasonable time, but not within the time specified in the will. a has not performed the condition, and is not entitled to receive the legacy.

section 124. of the indian succession act : where a legacy is given if a specified uncertain event shall happen and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event happens before the period when the fund bequeathed is payable or distributable. illustrations i a legacy is bequeathed to a, and, in case of his death, to b. if a survives the testator, the legacy to b does not take effect. ii a legacy is bequeathed to a, and, in case of his death without children, to b. if a survives the testator or dies in his lifetime leaving a child, the legacy to b does not take effect. iii a legacy is bequeathed to a when and if he attains the age of 18, and, in case of his death, to b. a attains the age of 18. the legacy to b does not take effect. iv a legacy is bequeathed to a for life, and, after his death to b, and, in case of bs death without children, to c. the words in case of bs death without children are to be understood as meaning in case b dies without children during the lifetime of a. v a legacy is bequeathed to a for life, and, after his death to b, and, in case of bs death, to c. the words in case of bs death are to be considered as meaning in case b dies in the lifetime of a.

section 125. of the indian succession act : where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified the legacy shall go to such of them as are alive at the time of payment or distribution, unless a contrary intention appears by the will. illustrations i property is bequeathed to a and b to be equally divided between them, or to the survivor of them. if both a and b survive the testator, the legacy is equally divided between them. if a dies before the testator, and b survives the testator, it goes to b. ii property is bequeathed to a for life, and, after his death, to b and c, to be equally divided between them, or to the survivor of them. b dies during the life of a c survives a. at as death the legacy goes to c. iii property is bequeathed to a for life, and after his death to b and c, or the survivor, with a direction that, if b should not survive the testator, his children are to stand in his place. c dies during the life of the testator b survives the testator, but dies in the lifetime of a. the legacy goes to the representative of b. iv property is bequeathed to a for life, and, after his death, to b and c, with a direction that, in case either of them dies in the lifetime of a, the whole shall go to the survivor. b dies in the lifetime of a. afterward c dies in the lifetime of a. the legacy goes to the representative of c.

section 126. of the indian succession act : a bequest upon an impossible condition is void. illustrations i an estate is bequeathed to a on condition that he shall walk 100 miles in an hour. the bequest is void. ii a bequeaths 500 rupees to b on condition that he shall marry as daughter. as daughter was dead at the date of the will. the bequest is void.

section 129. of the indian succession act : where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. illustrations i a bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to b. a dies without having ever had a child. the bequest to b takes effect. ii a bequeaths a sum of money to b, on condition that he shall execute a certain document within three months after as death, and, if he should neglect to do so, to c. b dies in the testators lifetime. the bequest to c takes effect.

section 130. of the indian succession act : where the will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. illustration a makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to b that which he had bequeathed to her. a and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to b does not take effect.

section 132. of the indian succession act : an ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. illustrations i a legacy is bequeathed to a, with a proviso that, if he marries without the consent of b, c and d, the legacy shall go to e. e dies. even if a marries without the consent of b and c, the gift to e does not take effect. ii a legacy is bequeathed to a, with a proviso that, if he marries without the consent of b, the legacy shall go to c. a marries with the consent of b. he afterwards becomes a widower and marries again without the consent of b. the bequest to c does not take effect. iii a legacy is bequeathed to a, to be paid at 18, or marriage, with a proviso that, if a dies under 18 or marries without the consent of b, the legacy shall go to c. a marries under 18, without the consent of b. the bequest to c takes effect.

section 131. of the indian succession act : 1 a bequest may be made to any person with the condition superadded, that, in case a specified uncertain event shall happen, the thing bequeathed shall go to another person, or that in case a specified uncertain event shall not happen, the thing bequeathed shall go over to another person. 2 in each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130. illustrations i a sum of money is bequeathed to a, to be paid to him at the age of 18, and if he shall die before he attains that age, to b. a takes a vested interest in the legacy, subject to be divested and to go to b in case a dies under 18. ii an estate is bequeathed to a with a proviso that if a shall dispute the competency of the testator to make a will, the estate shall go to b. a disputes the competency of the testator to make a will. the estate goes to b. iii a sum of money is bequeathed to a for life, and, after his death, to b, but if b shall then be dead leaving a son, such son is to stand in the place of b. b takes a vested interest in the legacy, subject to be divested if he dies leaving a son in as lifetime. iv a sum of money is bequeathed to a and b, and if either should die during the life of c, then to the survivor living at the death of c. a and b die before c. the gift over cannot take effect, but the representative of a takes onehalf of the money, and the representative of b takes the other half. v a bequeaths to b the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall he living at her death. all the children of b die in bs lifetime. the bequest over cannot take effect, but the interests of the children pass to their representatives.

section 137. further time in case of fraud. of the indian succession act : where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the nonfulfilment of which the subjectmatter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud.

section 133. of the indian succession act : if the ulterior bequest be not valid the original bequest is not affected by it. illustrations i an estate is bequeathed to a for his life with condition superadded that, if he shall not on a given day walk 100 miles in an hour, the estate shall go to b. the condition being void, a retains his estate as if no condition had been inserted in the will. ii an estate is bequeathed to a for her life and, if she do not desert her husband, to b. a is entitled to the estate during her life as if no condition had been inserted in the will. iii an estate is bequeathed to a for life, and, if he marries, to the eldest son of b for life. b, at the date of the testators death, had not had a son. the bequest over is void under section 105, and a is entitled to the estate during his life.

section 138. of the indian succession act : where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. illustration a sum of money is bequeathed towards purchasing a country residence for a, or to purchase an annuity for a, or to place a in any business. a choses to receive the legacy in money. he is entitled to do so.

section 135. of the indian succession act : in order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120.

section 134. of the indian succession act : a bequest may be made with the condition superadded that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. illustrations i an estate is bequeathed to a for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. a cuts down the wood. he loses his lifeinterest in the estate. ii an estate is bequeathed to a, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. a marries under 25 without the consent of the executors. the estate ceases to belong to him. iii an estate is bequeathed to a, provided that, if he shall not go to england within three years after the testators death, his interest in the estate shall cease. a does not go to england within the time prescribed. his interest in the estate ceases. iv an estate is bequeathed to a, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. a becomes a nun. she loses her interest under the will. v a fund is bequeathed to a for life, and, after his death, to b, if b shall be then living, with a proviso that, if b shall become a nun, the bequest to her shall cease to have any effect. b becomes a nun in the lifetime of a. she thereby loses her contingent interest in the fund.

section 136. of the indian succession act : where a bequest is made with a condition superadded that, unless the legatee shall perform a certain act, the subjectmatter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. illustrations i a bequest is made to a, with a proviso that, unless he enters the army, the legacy shall go over to b. a takes holy orders, and thereby renders it impossible that he should fulfil the condition. b is entitled to receive the legacy. ii a bequest is made to a, with a proviso that it shall cease to have any effect if he does not marry bs daughter. a marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. the bequest ceases to have effect.

section 139. of the indian succession act : where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. illustrations i a bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. all the daughters die unmarried. the representatives of each daughter are entitled to her share of the residue. ii a directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. the daughter dies without having ever had a child. her representatives are entitled to the fund.

section 140. of the indian succession act : where a testator does not absolutely bequeath a fund, so as to sever it from his own estate, but gives it for certain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains a part of the estate of the testator. illustrations i a directs that his trustees shall invest a sum of money in a particular way, and shall pay the interest to his son for life, and at his death shall divide the principal among his children. the son dies without having ever had a child. the fund, after the sons death, belongs to the estate of the testator. ii a bequeaths the residue of his estate, to be divided equally among his daughters, with a direction that they are to have the interest only during their lives, and that at their decease the fund shall go to their children. the daughters have no children. the fund belongs to the estate of the testator.

section 141. of the indian succession act : if a legacy is bequeathed to a person who is named an executor of the will, he shall not take the legacy, unless he proves the will or otherwise manifests an intention to act as executor. illustration a legacy is given to a, who is named an executor. a orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will. a has manifested an intention to act as executor.

section 142. of the indian succession act : where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific. illustrations i a bequeaths to b the diamond ring presented to me by c: my gold chain: a certain bale of wool: a certain piece of cloth: all my household goods which shall be in or about my dwellinghouse in m. street, in calcutta, at time of my death: the sum of 1,000 rupees in a certain chest: the debt which b owes me: all my bills, bonds and securities belonging to me lying in my lodgings in calcutta: all my furniture in my house in calcutta: all my goods on board a certain ship now lying in the river hughli: 2,000 rupees which i have in the hands of c: the money due to me on the bond of d: my mortgage on the rampur factory: onehalf of the money owing to me on my mortgage of rampur factory: 1,000 rupees, being part of a debt due to me from c: my capital stock of 1, in east india stock: my promissory notes of the central government for 10,000 rupees in their 4 per cent. loan: all such sums of money as my executors may, after mydeath, receive in respect of the debt due to me from the insolvent firm of d and company: all the wine which i may have in my cellar at the time of my death: such of my horses as b may select all my shares in the imperial bank of india: all my shares in the imperial bank of india which i may possess at the time of my death: all the money which i have in the 51/2 per cent. loan of the central government: all the government securities i shall be entitled to at the time of my decease. each of these legacies is specific. ii a, having government promissory notes for 10,000 rupees, bequeaths to his executors government promissory notes/ for 10,000 rupees in trust to sell for the benefit of b. the legacy is specific. iii a, having property at benares, and also in other places, bequeaths to b all his property at benares. the legacy is specific. iv a bequeaths to b his house in calcutta: his zamindari of rampur: his taluq of ramnagar: his lease of the indigofactory of salkya: an annuity of 500 rupees out of the rents of his zamindari of w. a directs his zamindari of x to be sold, and the proceeds to be invested for the benefit of b. each of these bequests is specific. v a by his will charges his zamindari of y with an annuity of 1,000 rupees to c during his life, and subject to this charge he bequeaths the zamindari to d. each of these bequests is specific. vi a bequeaths a sum of money to buy a house in calcutta for b: to buy an estate in zila faridpur for b: to buy a diamond ring for b: to buy a horse for b: to be invested in shares in the imperial bank of india for b: to be invested in government securities for b. a bequeaths to b a diamond ring: a horse: 10,000 rupees worth of government securities: an annuity of 500 rupees: 2,000 rupees to be paid in cash: so much money as will produce 5,000 rupees four per cent. government securities. these bequests are not specific. vii a, having property in england and property in india, bequeaths a legacy to b, and directs that it shall be paid out of the property which he may leave in india. he also bequeaths a legacy to c, and directs that it shall be paid out of property which he may leave in england. no one of these legacies is specific.

section 143., in which invested are described. of the indian succession act : where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will. illustration a bequeaths to b 10,000 rupees of my funded property: 10,000 rupees of my property now invested in shares of the east indian railway company: 10,000 rupees, at present secured by mortgage of rampur factory, no one of these legacies is specific.

section 148. of the indian succession act : where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the high court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. illustration a, having a lease for a term of years, bequeaths all his property to b for life, and, after bs death to c. the lease must be sold, the proceeds invested as stated in this section and the annual income arising from the fund is to be paid to b for life. at bs death the capital of the fund is to be paid to c.

section 144. of the indian succession act : where a bequest is made in general terms of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed. illustration a bequeaths to b 5,000 rupees five per cent. government securities. a had at the .date of the will five per cent. government securities for 5,000 rupees. the legacy is not specific.

section 149. of the indian succession act : if there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies.

section 145. of the indian succession act : a money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. illustration a bequeaths to b 10,000 rupees and directs that this legacy shall be paid as soon as as property in india shall be realised in england. the legacy is not specific.

section 146. of the indian succession act : where a will contains a bequest of the residue of the testators property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed.

section 147. of the indian succession act : where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. illustrations i a, having lease of a house for a term of years, fifteen of which were unexpired at the time of his death, has bequeathed the lease to b for his life, and after bs death to c. b is to enjoy the property as a left it, although, if b lives for fifteen years, c can take nothing under the bequest. ii a, having an annuity during the life of b, bequeaths it to c, for his life, and, after cs death, to d. c is to enjoy the annuity as a left it, although, if b dies before d, d can take nothing under the bequest.

section 150. of the indian succession act : where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. explanation.the distinction between a specific legacy and a demonstrative legacy consists in this, that where specified property is given to the legatee, the legacy is specific where the legacy is directed to be paid out of specified property, it is demonstrative. illustrations i a bequeaths to b 1,000 rupees, being part of a debt due to him from w. he also bequeaths to c 1,000 rupees to be paid out of the debt due to him from w. the legacy to b is specific, the legacy to c is demonstrative. ii a bequeaths to b ten bushels of the corn which shall grow in my field of green acre: 80 chests of the indigo which shall be made at my factory of rampur: 10,000 rupees out of my five per cent. promissory notes of the central government: an annuity of 500 rupees from my funded property: 1,000 rupees out of the sum of 2,000 rupees due to me by c: an annuity, and directs it to be paid out of the rents arising from my taluk of ramnagar. iii a bequeaths to b 10,000 rupees out of my estate at ramnagar, or charges it on his estate at ramnagar: 10,000 rupees, being my share of the capital embarked in a certain business. each of these bequests is demonstrative.

section 157. of the indian succession act : where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue if any of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. illustration a bequeaths to b 1,000 rupees, part of the debt of 2,000 rupees due to him from w. he also bequeaths to c 1,000 rupees to be paid out of the debt due to him from w. a afterwards receives 1 500 rupees, part of that debt, and dies leaving only 1,500 rupees due to him from w. of these 1,500 rupees, 1,000 rupees belong to b, and 500 rupees are to be paid to c. c is also to receive 500 rupees out of the general assets of the testator. 1. subs. by act 10 of , s. 2 and the first schedule, for 5,000.

section 151. of the indian succession act : where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. illustration a bequeaths to b 1,000 rupees, being part of a debt due to him from w. he also bequeaths to c 1,000 rupees to be paid out of the debt due to him from w. the debt due to a from w is only 1,500 rupees of these 1,500 rupees, 1,000 rupees belong to b. and 500 rupees are to be paid to c. c is also to receive 500 rupees out of the general assets of the testator.

section 152. of the indian succession act : if anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is a deemed that is, it cannot take effect, by reason of the subjectmatter having been withdrawn from the operation of the will. illustrations i a bequeaths to b the diamond ring presented to me by c: my gold chain: a certain bale of wool: a certain piece of cloth: all my household goods which shall be in or about my dwellinghouse in m. street in calcutta, at the time of my death. a in his life time, sells or gives away the ring: converts the chain into a cup: converts the wool into cloth: makes the cloth into a garment: takes another house into which he removes all his goods. each of these legacies is adeemed. ii a bequeaths to b the sum of 1,000 rupees, in a certain chest: all the horses in my stable. at the death of a, no money is found in the chest, and no horses in the stable. the legacies are adeemed. iii a bequeaths to b certain bales of goods. a takes the goods with him on a voyage. the ship and goods are lost at sea, and a is drowned. the legacy is adeemed.

section 153. of the indian succession act : a demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator.

section 154. of the indian succession act : where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. illustrations i a bequeaths to b the debt which c owes me: 2,000 rupees which i have in the hands of d: the money due to me on the bond of e: my mortgage on the rampur factory, all these debts are extinguished in as lifetime, some with and some without his consent. all the legacies are adeemed. ii a bequeaths to b his interest in certain policies of life assurance. a in his lifetime receives the amount of the policies. the legacy is adeemed.

section 161. of the indian succession act : the removal of the thing bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath. illustrations i a bequeaths to b all the bills, bonds and other securities for money belonging to me now lying in my lodgings in calcutta. at the time of his death these effects had been removed from his lodgings in calcutta. ii a bequeaths to b all his furniture then in his house in calcutta. the testator has a house at calcutta and another at chinsurah, in which he lives alternately, being possessed of one set of furniture only which he removes with himself to each house. at the time of his death the furniture is in the house at chinsurah. iii a bequeaths to b all his goods on board a certain ship then lying in the river hughli. the goods are removed by as directions to a warehouse, in which they remain at the time of as death. no one of these legacies is revoked by ademption.

section 155. of the indian succession act : the receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. illustration a bequeaths to b the debt due to me by c. the debt amounts to 10,000 rupees. c pays to a 5,000 rupees the onehalf of the debt. the legacy is revoked by ademption, so far as regards the 5,000 rupees received by a.

section 156. of the indian succession act : if a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. illustration a bequeaths to b onehalf of the sum of 10,000 rupees due to him from w. a in his lifetime receives 6,000 rupees, part of the 10,000 rupees. the 4,000 rupees which are due from w to a at the time of his death belong to b under the specific bequest.

section 162. of the indian succession act : where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from the third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption but if he mixes it up with the general mass of his property, the legacy is adeemed, illustration a bequeaths to b whatever sum may be received from his claim on c. a receives the whole of his claim on c, and sets it apart from the general mass of his property. the legacy is not adeemed.

section 158. of the indian succession act : where stock which has been specifically bequeathed does not exist at the testators death, the legacy is adeemed. illustration a bequeaths to b my capital stock of 1,000 in east india stock: my promissory notes of the central government for 10,000 rupees in their 4 per cent. loan. a sells the stock and the notes. the legacies are adeemed.

section 165. of the indian succession act : where stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed.

section 159. of the indian succession act : where stock which has been specifically bequeathed exists only in part at the testators death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. illustration a bequeaths to b his 10,000 rupees in the 51/2 per cent. loan of the central government. a sells onehalf of his 10,000 rupees in the loan in question. onehalf of the legacy is adeemed.

section 160. of the indian succession act : a specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. illustrations i a bequeaths to b all my households goods which shall be in or about my dwellinghouse in calcutta at the time of my death. the goods are removed from the house to save them from fire. a dies before they arc brought back. ii a bequeaths to b all my household goods which shall be in or about my dwellinghouse in calcutta at the time of my death. during as absence upon a journey, the whole of the goods are removed from the house. a dies without having sanctioned their removal. neither of these legacies is adeemed.

section 163. of the indian succession act : where a thing specifically bequeathed undergoes a change between the date of the will and the testators death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. illustrations a bequeaths to b all the money which i have in the 51/2 per cent. loan of the. central government. the securities for the 51/2 per cent. loan are converted during as lifetime into 5 per cent. stock. a bequeaths to b the sum of 2,000 f invested in consols in the names of trustees for a. the sum of 2,000 transferred by the trustees into as own name. a bequeaths to b the sum of 10,000 rupees in promissory notes of the central government which he has power under his marriage settlement to dispose of by will. afterwards, in as lifetime, the hind is converted into consols by virtue of an authority contained in the settlement. no one of these legacies has been adeemed.

section 164. of the indian succession act : where a thing specifically bequeathed undergoes a change between the date of the will and the testators death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed. illustration a bequeaths to b all my 3 per cent. consols. the consols are, without as knowledge, sold by his agent, and the proceeds converted into east india stock. this legacy is not adeemed.

section 1. of the life insurance corporation act : show related subordinates 1 this act may be called the life insurance corporation act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 1st july, , vide notification no. s. r. o. , dated 26th june, , see gazette of india, extraordinary, part ii, sec. 3. regulations notifications yeardescriptionfiles life insurance corporation of india recruitment of apprentice development officers regulations, yeardescriptionfiles the life insurance corporation general regulations, notification under section 50 of the life insurance corporation act, s.o. 995e, dated 3.3.

section 4d.adjudication of penalties of the life insurance corporation act : 14d. adjudication of penalties.1 the central government may, by an order published in the official gazette, appoint an officer of the central government, not below the rank of joint secretary to the government of india or equivalent, as adjudicating officer for adjudging penalties under the provisions of this act. 2 the adjudicating officer may, on a complaint made in writing by a person authorised by the corporation, and after giving a reasonable opportunity of being heard, by an order impose penalty on a director or employee liable to penalty under any provision of this act on account of any contravention or violation on his part. 3 the adjudicating officer, for the purposes of discharging his functions under this act, shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit, to summon and enforce the attendance of any person and examine him on oath and to require the discovery and production of documents or other electronic records, and shall be deemed to be a civil court for purposes of order xxi of the civil procedure code, . 4 a director or employee aggrieved by any order made by the adjudicating officer may prefer an appeal to such officer to the central government of a rank higher than that of the adjudicating officer as the central government may appoint as appellate authority, within thirty days from the date on which a copy of the order made by the adjudicating officer is received by the aggrieved individual, and the officer so appointed may, after giving the individual an opportunity of being heard, pass such order as he may deem fit, confirming, modifying or setting aside the order appealed against, or remanding the case to the adjudicating officer for disposal, with such directions as he may deem fit. 5 where a director or employee of the corporation having already been subjected to penalty under this act for any contravention or violation of any provision of this act, again commits such contravention or violation within a period of three years from the date of order imposing such penalty passed by the adjudicating officer, he shall be liable for the second or subsequent contravention or violation for twice the amount of penalty provided therefor. 1.subs. by s. 130, ibid., for section 4 w.e.f. .

section 3. of the life insurance corporation act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a corporation called the life insurance corporation of india. 2 the corporation shall be a body corporate having perpetual succession and a common seal with power subject to the provisions of this act, to acquire, hold and dispose of property, and may by its name sue and be sued.

section 4a. of the life insurance corporation act : 14a. disqualification to be director.an individual shall not be eligible to be or remain a director if, a he is of unsound mind and stands so declared by a competent court b he is an undischarged insolvent c he has applied to be adjudicated as an insolvent and his application is pending d he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: provided that if an individual has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be a director e an order disqualifying him to be a director has been passed by a court or the national company law tribunal constituted under section 408 of the companies act, and the order is in force f he has not paid any calls in respect of any shares of the corporation held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of such call g he attracts any disqualification for being a director of a company under the provisions of subsection 2 of section 164 of the companies act, subject to such exceptions thereto as the central government may, by notification, specify h he is a salaried government official, other than an individual nominated director under clause d of subsection 2 of section 4 i he is an insurance agent or an intermediary or an insurance intermediary j he is an employee of the corporation, other than the chief executive or a managing director, or of its subsidiary or associate company k he is a director of a subsidiary or an associate company of the corporation and is other than the chief executive or a managing director l he is an employee or a director or a promoter of any insurer carrying on life insurance business anywhere in the world, other than the corporation or its subsidiary or associate company, or of any holding company, subsidiary or associate company of such an insurer m he absents himself from all the meetings of the board held during a period of twelve months, with or without seeking leave of absence of the board: provided that the disqualifications referred to in clauses d and e shall continue to apply even if an appeal or petition has been filed against the order of conviction or disqualification. 1. subs. by s. 130, ibid., for section 4 w.e.f. .

section 2. of the life insurance corporation act : in this act, unless the context otherwise requires, 1 appointed day means the date on which the corporation is established under section 3 11a audit committee means the committee constituted under section 19c 1b board of directors or board means the collective body of the directors appointed or nominated or deemed as such under section 4 1c chairperson means the chairperson referred to in clause a of subsection 2 of section 4 1d chief executive means, i during the initial period, the chairperson referred to in subclause i of clause a of subsection 2 of section 4 ii after the initial period, the chief executive officer and managing director 1e chief executive officer and managing director means the chief executive officer and managing director referred to in clause b of subsection 2 of section 4 1f companies act means the companies act, 18 of 1g court means court as defined in clause 29 of section 2 of the companies act, 18 of 2 composite insurer means an insurer carrying on in addition to controlled business any other kind of insurance business 3 controlled business means i in the case of any insurer specified in subclause a ii or subclause b of clause 9 of section 2 of the insurance act and carrying on life insurance business a all his business, if he carries on no other class of insurance business b all the business appertaining to his life insurance business, if he carries on any other class of insurance business also c all his business, if his certificate of registration under the insurance act in respect of general insurance business stands wholly cancelled for a period of more than six months on the 19th day of january, ii in the case of any other insurer specified in clause 9 of section 2 of the insurance act and carrying on life insurance business a all his business in india, if he carries on no other class of insurance business in india b all the business appertaining to his life insurance business in india, if he carries on any other class of insurance business also in india c all his business in india if he certificate of registration under the insurance act in respect of general insurance business in india stands wholly cancelled for a period of more than six months on the 19th day of january, . explanation. an insurer is said to carry on no class of insurance business other than life insurance business, if in addition to life insurance business, he carries on only capital redemption business or annuity certain business or both and the expression business appertaining to his life insurance business in subclauses i and ii shall be construed accordingly iii in the case of a provident society, as defined in section 65 of the insurance act, all its business iv in the case of the central government or a state government, all life insurance business carried on by it, subject to the exceptions specified in section 44 4 corporation means the life insurance corporation of india established under section 3 14a director means a director appointed or nominated or deemed as such under section 4 4b financial statement, in relation to the corporation, includes i a balancesheet as at the end of the financial year ii a profit and loss account for the financial year iii cash flow statement for the financial year iv a statement of changes in equity, if applicable and v any explanatory note annexed to, or forming part of, any document referred to in subclause i to subclause iv 4c fully diluted basis shall mean, in relation to the percentage holding of the central government on such basis, the total number of shares held by the central government expressed as a percentage of the total number of shares of the corporation that would be outstanding if all possible sources of conversion are exercised 4d independent director means an independent director referred to in clause g of subsection 2 of section 4 4e initial period means the period of three years reckoned from the date on which the provisions of section 130 of the finance act, shall come into force 5 insurance act means the insurance act, 4 of 6 insurer means an insurer as defined in the insurance act who carries on life insurance business in india and includes the government and a provident society as defined in section 65 of the insurance act 16a managing director means a managing director referred to in clause c of subsection 2 of section 4 27 member means every person holding shares of the corporation and whose name is entered in the register of members maintained under clause a of subsection 1 of section 5b 7a nomination and remuneration committee means the committee constituted under section 19b 7b notification means a notification published in the official gazette, and the expression notify shall be construed accordingly 8 prescribed means prescribed by rules made under this act 18a special resolution means a resolution for which the intention to propose the same as a special resolution has been duly specified in the notice given to members for calling a general meeting, and the votes cast in favour of the resolution by members are not less than three times the number of votes, if any, cast against the resolution 9 tribunal means a tribunal constituted under section 17 and having jurisdiction in respect of any matter under the rules made under this act 310 unless there is anything repugnant in the subject or context, all the words and expressions used herein but not defined and defined in the insurance act, 4 of or in the companies act, 18 of shall have the meanings respectively assigned to them in the said acts. 1. ins. by act 13 of , s. 129 w.e.f.. 2. subs. by s. 129, bid., for clause 7 w.e.f. 3. subs. by s. 129, bid., for clause 10 w.e.f. .

section 4c. of the life insurance corporation act : 14c. related party transactions.1 except with the consent of the board and subject to such conditions as may be prescribed, the corporation shall not enter into any contract or arrangement with a related party with respect to a sale, purchase or supply of any goods or materials b selling or otherwise disposing of, or buying, property of any kind c leasing of property of any kind d availing or rendering of any services e appointment of any agent for purchase or sale of goods, materials, services or property f such related partys appointment to any office or place of profit in the corporation, its subsidiary or associate company g underwriting the subscription of any securities, or derivatives thereof, of the corporation: provided that no contract or arrangement involving transactions exceeding such sums as the board may specify, shall be entered into except with the prior approval in the general meeting: provided further that no member shall vote in such general meeting to approve any contract or arrangement which may be entered into by the corporation, if such member is a related party: provided also that nothing in this subsection shall apply to any transactions entered into by the corporation in its ordinary course of business, other than transactions which are not on an arms length basis: provided also that the requirement of approval under the first proviso shall not be applicable for transactions entered into between the corporation and a its wholly owned subsidiary, if any, whose financial statements are consolidated with the corporation and placed before the members at the general meeting for adoption b a government company, or the central government, or any state government, or any combination thereof, in respect of contract or arrangement entered into between them. explanation.in this subsection, a the expression office or place of profit means any office or place i where such office or place is held by a director, if the director holding it receives from the corporation anything by way of remuneration over and above the remuneration to which he is entitled as director, by way of salary, fee, commission, perquisites, any rentfree accommodation, or otherwise ii where such office or place is held by an individual other than a director or by any firm, private company or other body corporate, if the individual, firm, private company or body corporate holding it receives from the corporation anything by way of remuneration, salary, fee, commission, perquisites, any rentfree accommodation, or otherwise b the expression arms length transaction means a transaction between two related parties that is conducted as if they were unrelated, so that there is no conflict of interest. 2 the board shall formulate a policy on materiality of related party transactions and on dealing with related party transactions, including clear threshold limits, and shall review and update such policy at least once in every three years. explanation.for the removal of doubts, it is hereby clarified that a transaction with a related party shall be considered material if the amount of the transaction to be entered into, individually or taken together with previous transactions during a financial year, exceeds such percentage of the annual consolidated turnover of the corporation as per its last audited financial statements as may be specified in any regulation made by the securities and exchange board in this behalf. 3 every contract or arrangement entered into under subsection 1 shall be referred to in a report made by the board to the members, along with the justification for entering into such contract or arrangement. 4 where any contract or arrangement is entered into by a director or any other employee, without obtaining the consent of the board or approval by a resolution in the general meeting under subsection 1 and if it is not ratified by the board or, as the case may be, by the members at a meeting within three months from the date on which such contract or arrangement was entered into, such contract or arrangement shall be voidable at the option of the board or, as the case may be, of the members and if the contract or arrangement is with a related party to any director, or is authorised by any other director, the directors concerned shall indemnify the corporation against any loss incurred by it. 5 without prejudice to anything contained in subsection 4, it shall be open to the corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. 6 any director or any other employee of the corporation who had entered into or authorised a contract or arrangement in violation of the provisions of this section, shall be liable to pay penalty of a sum of up to twentyfive lakh rupees. 1. subs. by s. 130, ibid., for section 4 w.e.f. .

section 4b. of the life insurance corporation act : 14b. disclosure of interest by director and senior management.1 every director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year, or whenever there is any change in the disclosures already made, then at the first board meeting held after such change, disclose his concern or interest in any body corporate, which shall include shareholding, in such manner as may be prescribed. 2 every director who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement entered into or to be entered into by the corporation a with a body corporate in which such director or such director in association with any other director, holds more than two per cent. shareholding of that body corporate, or is a promoter, manager, chief executive officer or trustee of that body corporate, or b with a firm or other entity in which such director is a partner, owner or member, as the case may be, shall not participate in any meeting of the board or of its committee in which such contract or arrangement is deliberated upon, or in any other deliberations or discussions regarding such contract or arrangement, and shall, in the case of such deliberations in a meeting of the board or its committee, disclose the nature of his concern or interest to the board or the committee, as the case may be: provided that where any director who is not so concerned or interested at the time of entering into such contract or arrangement, he shall, if he becomes concerned or interested after the contract or arrangement is entered into, disclose his concern or interest forthwith when he becomes concerned or interested, or at the first meeting of the board held after he becomes so concerned or interested. 3 a contract or arrangement entered into by the corporation without disclosure under subsection. 2 or with participation by a director who is concerned or interested in any way, whether directly or indirectly, in such contract or arrangement, shall be voidable at the option of the corporation. 4 such employees as the board may specify as constituting the senior management of the corporation shall make disclosures to the board relating to all material, financial and commercial transactions, in which they have personal interest that may have a potential conflict with the interest of the corporation, and the board shall formulate a policy on such transactions, including any materiality threshold therefor, and shall review such policy at least once every three years. explanation.for the purposes of this subsection, conflict of interest relates to dealing in the shares of the corporation or any of its subsidiaries or associate companies, commercial dealings with bodies in which the senior management individual or his relatives have shareholding, etc. 5 if an individual who is a director contravenes the provisions of subsection 1 or subsection 2, or an employee referred to in subsection 4, contravenes such provisions, such an individual or employee shall be liable to pay penalty of a sum of up to one lakh rupees. 6 without prejudice to anything contained in subsection 5, it shall be open to the corporation to proceed against a director or any other employee who had entered into such contract or arrangement in contravention of the provisions of this section for recovery of any loss sustained by it as a result of such contract or arrangement. explanation.for the purposes of sections 4b and 4c, the expression body corporate shall include a company, a body corporate as defined under clause 11 of section 2 of the companies act, a firm, a financial institution or a scheduled bank or a public sector enterprise established or constituted by or under any central act or state act, and any other incorporated association of persons or body of individuals. 1. subs. by s. 130, ibid., for section 4 w.e.f. .

section 4.board of directors of the life insurance corporation act : 14. board of directors.1 the general superintendence and direction of the affairs and business of the corporation shall vest in its board of directors, which may exercise all such powers and do all such acts and things as may be exercised or done by the corporation and are not by this act expressly directed or required to be done by the corporation in general meeting. 2 the board of directors of the corporation shall consist of the following directors, not exceeding eighteen, of whom at least one shall be a woman, namely: a a chairperson of the board, to be appointed by the central government, who shall, i during the initial period, be a wholetime director of the corporation and ii after the initial period, be from amongst the nonexecutive directors nominated or to be nominated by the central government b after the initial period, a chief executive officer and managing director, who shall be a wholetime director of the corporation to be appointed by the central government: provided that where no chief executive officer and managing director is appointed before expiry of the initial period, the individual holding office as chairperson shall be deemed to have been appointed as the chief executive officer and managing director on and from the date of such expiry c managing directors, not exceeding four, to be appointed by the central government, who shall be wholetime directors of the corporation d an officer of the central government not below the rank of a joint secretary to the government of india, to be nominated by the central government e an individual to be nominated by the central government, who has special knowledge or practical experience in actuarial science, business management, economics, finance, human resources, information technology, insurance, law, risk management, or any other field the special knowledge or practical experience of which would be useful to the corporation in the opinion of the central government or who represent the interests of policyholders f where the total holding of members other than the central government in the paidup equity capital of the corporation is a not more than ten per cent., one individual b more than ten per cent., two individuals, who shall be elected by and from amongst such members and in such manner as may be specified by regulations, to be appointed by the board and g such number of independent directors, not exceeding nine, to be recommended by the nomination and remuneration committee and appointed by the board. 3 an independent director of the corporation shall, in relation to the corporation, meet the same criteria of independence as an independent director of a company is required to meet in relation to the company under subsection 6 of section 149 of the companies act: provided that such a director shall also meet, in addition to the aforesaid criteria, any criteria that the nomination and renumeration committee may formulate regarding qualifications, positive attributes and independence: provided further that every such director shall at the first meeting of the board in which he participates as a director and thereafter at the first meeting of the board in every financial year or whenever there is any change in the circumstances which may affect his status as an independent director, give a declaration that he meets the criteria of independence under this subsection and that he is not aware of any circumstance or situation, which exist or may reasonably be anticipated, that could impair or impact his ability to discharge his duties with an objective independent judgment and without any external influence. 4 an individual appointed by the board as a director under clause f or clause g of subsection 2 shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier, and shall hold office beyond such date only if his appointment is approved at the annual general meeting. 5 before an individual is appointed or nominated as a director under subsection 2, the central government or the nomination and remuneration committee, as the case may be, shall satisfy itself that such an individual as a director shall have no financial or other interest as is likely to affect prejudicially the exercise or performance by him of the functions of a director: provided that the board shall satisfy itself from time to time with respect to every director other than a director nominated under clause d of subsection 2 that he has no such interest: provided further that, for the purposes of this subsection, any individual who is, or whose appointment or nomination or election is proposed and who has consented to be a director, shall furnish such information as the central government or the nomination and remuneration committee or the board, as the case may be, may require. 6 notwithstanding anything contained in subsection 2, on and from the appointed date, an individual appointed under section 4 who is eligible to be or remain a director under section 4a and who, immediately before such appointed date, held the office of a member of the corporation i in the capacity as the chairman of the corporation, shall be deemed to be a director and the chairperson under subclause i of clause a of subsection 2 ii in the capacity as a managing director of the corporation, shall be deemed to be a director and a managing director under clause c of subsection 2 iii and is an officer of the central government not below the rank of a joint secretary to the government of india in the department of financial services, shall be deemed to be a director nominated under clause d of subsection 2 iv and has been in office for a duration which is the longest amongst members other than members referred to in clauses i, ii and iii, shall be deemed to be a director nominated under clause e of subsection 2: provided that every such individual shall hold office until expiry of the term, if any, specified at the time of his appointment as a member of the corporation, or until a director appointed or nominated, as the case may be, under subsection 2 in place of such an individual assumes office: provided further that any act or proceeding of the collective body of members constituting the corporation under section 4 before the appointed date, shall be deemed to be an act or proceeding, as the case may be, of the board. explanation.for the purposes of this subsection, a notwithstanding anything contained in clause 7 of section 2, the expression member shall mean a member appointed to the corporation constituted under section 4 as it stood before the coming into force of section 130 of the finance act, b appointed date means the date on which the provisions of section 130 of the finance act, shall come into force. 1 subs. by s. 130, ibid., for section 4 w.e.f. .

section 5. of the life insurance corporation act : 15. capital of corporation. 1 the authorised share capital of the corporation shall be twenty five thousand crore rupees, divided into two thousand and five hundred crore shares of ten rupees each: provided that the central government may, by notification, increase the authorised share capital or reduce the authorised share capital to such amount not less than the amount of the paidup equity capital of the corporation immediately before the coming into force of section 131 of the finance act, , as it may deem fit: provided further that the corporation may, with the previous approval of the central government, consolidate or reduce the nominal or face value of the shares, divide the authorised share capital into equity share capital or a combination of equity and preference share capital, and divide the nominal or face value of shares into such denomination as the corporation may decide. 2 the corporation shall, with the previous approval of the central government, issue equity shares to the central government in consideration for the paidup equity capital provided by the central government to the corporation as it stood before the coming into force of section 131 of the finance act, . 3 the share capital of the corporation shall consist of equity shares and preference shares, which may be fully paidup or partly paidup: provided that the board may determine the terms of issue of partly paidup shares and payment of calls for such partly paidup shares. 4 the corporation may from time to time increase its issued share capital, with the previous approval of the central government, whether by public issue or rights issue or preferential allotment or private placement or issue of bonus shares to existing members holding equity shares, or by issue of shares to employees pursuant to share based employee benefits schemes, or by issue of shares to life insurance policyholders of the corporation, or otherwise: provided that the central government shall, on a fully diluted basis hold, a at all times, not less than fiftyone per cent. of the issued equity share capital of the corporation b during a period of five years from the date of first issue of shares to any person other than the central government, not less than seventyfive per cent. of the issued equity share capital of the corporation: provided further that no shares shall be issued other than by way of rights issue unless authorised by a special resolution, except in the circumstances where the provisions of the second and third provisos to subsection 1 of section 23a apply: provided also that issue of shares to life insurance policyholders of the corporation shall not be by preferential allotment or private placement. 5 where the corporation issues shares at a premium, whether for cash or otherwise, a sum equal to the aggregate amount of the premium received on those shares shall be transferred to a share premium account, and the provisions of subsections 7 and 8 shall, except as provided in subsection 6, apply as if the share premium account were the paidup share capital of the corporation. 6 the share premium account referred to in subsection 5 may be applied by the corporation a towards the issue of unissued shares of the corporation to members as fully paidup bonus shares b in writing off the expenses of, or the commission paid or discount allowed on, any issue of shares or debentures of the corporation c in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures or of any securities of the corporation or d for the purchase of its own shares or other securities. 7 the corporation may, by a special resolution, reduce its paidup equity share capital in the following manners, namely: a giving of previous notice by the corporation of the intended reduction to every member, and to such class or classes of creditors as the central government may, by notification, specify b constitution of a committee which shall consist of a chairperson who has been a judge of a high court or the chairperson of a tribunal and such independent experts not exceeding two as the board may appoint, to consider representations, if any, that may be made by members and creditors referred to in clause a in respect of the intended reduction and to submit its recommendations to the board and c after consideration of the committees recommendations, making of recommendations by the board for reduction, either as given in the notice or with such modifications as the board may consider necessary, to the central government for its approval. 8 without prejudice to the generality of the power under subsection 7, the corporation may reduce its paidup equity share capital by a extinguishing or reducing the liability on any of its equity shares in respect of share capital not paidup or b cancelling, with or without extinguishing or reducing liability on any of its paidup equity shares, any paidup equity share capital which is either lost or is unrepresented by available assets or c paying off, with or without extinguishing or reducing liability on any of its paidup equity shares, any paidup equity share capital which is in excess of the wants of the corporation. 9 notwithstanding anything contained in any other law for the time being in force a regarding various categories of persons in favour of whom an issuer may make reservations on a competitive basis, in relation to a public issue, the corporation may, at any time during the period of five years from the commencement of section 131 of the finance act, , make a reservation on a competitive basis, to an extent of up to ten per cent. out of the issue size, in favour of its life insurance policyholders as one of the reserved categories for such public issue: provided that the value of the allotment of equity shares to such a policyholder shall not exceed two lakh rupees, or such higher amount as the central government may by notification specify: provided further that, in the event of undersubscription in the policyholder reservation portion, the unsubscribed portion may be allotted on a proportionate basis, in excess of the value referred to in the first proviso, subject to the total allotment to a policyholder not exceeding five lakh rupees or such higher amount as the central government may by notification specify: provided also that the policyholders in favour of whom reservation is made under this subsection may be offered shares at a price not lower than by more than ten per cent. of the price at which net offer to public is made to other categories of applicants b regarding ineligibility for computation of minimum promoters contribution, in relation to a public issue by way of an initial public offer, all equity shares of the corporation held by the central government, including all shares acquired during the period of three years preceding the opening of such public offer, resulting from a bonus issue or otherwise, shall be eligible for such computation c requiring the holding of paidup equity shares by the sellers for a minimum holding period as a condition for offering such shares for sale to the public, in relation to a public issue by way of an initial public offer, all fully paidup equity shares of the corporation held by the central government shall be eligible for such an offer for sale: provided that and subject to any regulation made by the securities and exchange board, no shares issued by the corporation against revaluation of assets or by utilisation of revaluation reserves or from unrealised profits shall be eligible for computation of minimum promoters contribution and for offer for sale in relation to a public issue by way of initial public offer. explanation. words and expressions used in this subsection but not defined either in this act or in the insurance act or in the companies act shall have the meanings respectively assigned to them in regulations made by the securities and exchange board regarding issue of capital and disclosure requirements, to the extent not repugnant with the provisions of this act. 10 the corporation may issue other securities, including bonds, debentures, notes, commercial paper and other debt instruments, for the purpose of raising funds to meet its business requirements. 1 .subs. by act 13 of , s. 131, for section 5 w.e.f. .

section 6a. of the life insurance corporation act : 16a. power to impose conditions, etc. 1 in entering into any arrangement, under section 6, with any concern, the corporation may impose such conditions as it may think necessary or expedient for protecting the interest of the corporation and for securing that the accommodation granted by it is put to the best use by the concern. 2 where any arrangement entered into by the corporation under section 6 with any concern provides for the appointment by the corporation of one or more directors of such concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the concern, and any provision regarding share, qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the corporation in pursuance of the arrangement as aforesaid. 3 any director appointed as aforesaid shall a hold office during the pleasure of the corporation and may be removed or substituted by any person by order in writing by the corporation b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1 ins. by 52 of , s. 41 w.e.f. .

section 5a. of the life insurance corporation act : 15a. transferability of shares.1 save as otherwise provided in subsections 2 and 3, the shares of the corporation shall be freely transferable: provided that any arrangement between two or more persons in respect of transfer of shares shall be enforceable as a contract. 2 nothing contained in subsection 1 shall entitle the central government to transfer any shares held by it in the corporation, if as a result of such transfer, the shares held by it, on a fully diluted basis, shall reduce to less than fiftyone per cent. of the issued equity share capital of the corporation. 3 no person, other than the central government, acting individually or with persons acting in concert with such person, or constituents of a group, shall hold equity share in excess of five per cent. of issued equity share capital of the corporation, or such higher percentage as the central government may by notification specify. explanation.for the purposes of this section, a the expression group shall have the meaning assigned to it in the competition act, 12 of b the expression persons acting in concert shall have the meaning assigned to it in regulations made by the securities and exchange board regarding substantial acquisition of shares and takeovers. 1. subs. by act 13 of , s. 131, for section 5 w.e.f. .

section 5b. of the life insurance corporation act : 15b. register of members, etc.1 the corporation shall keep and maintain the following registers, in such form and in such manner as may be specified by regulations, namely: a register of members, indicating separately each class of equity and preference shares held by each member residing in or outside india b register of debentureholders and c register of any other security holders. 2 every register maintained under subsection 1 shall include an index of the names included therein. 3 the register and index of beneficial owners maintained by a depository under section 11 of the depositories act, 22 of shall be deemed to be the corresponding register and index for the purposes of this act. 4 no notice of any trust, whether express or implied or constructive, shall be entered on the register of members or be receivable by the corporation: provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. explanation.for the purposes of this section and section 5c, the expressions beneficial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, 22 of . 1. subs. by act 13 of , s. 131, for section 5 w.e.f. .

section 5c. of the life insurance corporation act : 15c. declaration in respect of beneficial interest in shares.1 where the name of a person is entered on the register of members of the corporation as the holder of shares in the corporation but he does not hold beneficial interest in such shares, such person shall make, within such time and in such form as may be prescribed for a company under section 89 of the companies act, a declaration to the corporation specifying the name and other particulars of the person who holds beneficial interest in such shares. 2 every person who holds or acquires a beneficial interest in shares of the corporation shall make, within such time and in such form as may be prescribed for a company under section 89 of the companies act, a declaration to the corporation specifying the nature of his interest, particulars of the person in whose name the share stands registered in the books of the corporation and such other particulars as may be prescribed under the said section. 3 where any change occurs in the beneficial interest in shares of the corporation, the person referred to in subsection 1 and the beneficial owner specified in subsection 2 shall, within a period of thirty days from the date of such change, make a declaration to the corporation in such form and containing such particulars as may be prescribed for a company under section 89 of the companies act. 4 no right in relation to any share in respect of which a declaration is required to be made under this section but has not been made by the beneficial owner, shall be enforceable by him or by any person claiming through him. 5 for the purposes of this section, beneficial interest in a share includes, directly or indirectly, through any contract, arrangement or otherwise, the right or entitlement of a person alone or together with any other person to a exercise or cause to be exercised any or all of the rights attached to such share or b receive or participate in any dividend or other distribution in respect of such share. 6 every individual who, acting alone or together or through one or more persons, holds beneficial interests, of not less than twentyfive per cent. or such other percentage as may be prescribed for a company under section 90 of the companies act, in the shares of the corporation or the right to exercise, or the actual exercising of significant influence or control as defined in clause 27 of section 2 of the companies act, over the corporation herein referred to as significant beneficial owner, shall make a declaration to the corporation, specifying the nature of his interest and other particulars, in such manner and within such period of acquisition of the beneficial interest or rights and any change thereof, as may be prescribed for a company under section 90 of the companies act. 7 the corporation shall maintain a register of the interest declared by individuals under subsection 6 and changes therein, which shall include the name of individual, his date of birth, address, details of ownership in the corporation and such other details as may be prescribed for a company under section 90 of the companies act. 1. subs. by act 13 of , s. 131, for section 5 w.e.f. .br

section 5e. of the life insurance corporation act : 15e. right of registered members to nominate.1 every individual registered member may, at any time, nominate, in such manner as may be specified by regulations, an individual to whom all his rights in the shares shall vest in the event of death of such member. 2 where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate, in such manner as may be specified by regulations, an individual to whom all their rights in the shares shall vest in the event of the death of all such joint holders. 3 notwithstanding anything contained in any other law for time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death of the member or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the member or, as the case may be, of all the joint holders, in relation to such shares, and all other persons shall be excluded unless the nomination has been varied or cancelled before death in such manner as may be specified by regulations. 4 where the nominee is a minor, it shall be lawful for the individual registered holder of the shares to make nomination to appoint, in such manner as may be specified by regulations, any person to become entitled to the shares in the event of his death during the minority of the nominee. 1. subs. by act 13 of , s. 131, for section 5 w.e.f. .

section 5d. of the life insurance corporation act : 15d. shares to be securities.notwithstanding anything contained in the securities contracts regulation act, 42 of or any other law for the time being in force, the shares of the corporation shall be deemed to be securities as defined under the said act. 1. subs. by act 13 of , s. 131, for section 5 w.e.f. .

section 6. of the life insurance corporation act : 1 subject to the rules, if any, made by the central government in this behalf, it shall be the general duty of the corporation to carry on life insurance business, whether in or outside india, and the corporation shall so exercise its powers under this act as to secure that life insurance business is developed to the best advantage of the community. 2 without prejudice to the generality of the provisions contained in subsection 1 but subject to the other provisions contained in this act, the corporation shall have power a to carry on capital redemption business, annuity certain business or reinsurance business in so far as such reinsurance business appertains to life insurance business b subject to the rules, if any, made by the central government in this behalf, to invest the funds of the corporation in such manner as the corporation may think fit and to take all such steps as may be necessary or expedient for the protection or realisation of any investment including the taking over of and administering any property offered as security for the investment until a suitable opportunity arises for its disposal c to acquire, hold and dispose of any property for the purpose of its business d to transfer the whole or any part of the life insurance business carried on outside india to any other person or persons, if in the interest of the corporation it is expedient so to do e to advance or lend money upon the security of any movable property or otherwise f to borrow or raise any money in such manner and upon such security as the corporation may think fit g to carry on either by itself or through any subsidiary any other business in any case where such other business was being carried on by a subsidiary of an insurer whose controlled business has been transferred to and vested in the corporation under this act h to carry on any other business which may seen to the corporation to be capable of being conveniently carried on in connection with its business and calculated directly or indirectly to render profitable the business of the corporation i to do all such things as may be incidental or conducive to the proper exercise of any of the powers of the corporation. 3 in the discharge of any of its functions the corporation shall act so far as may be on business principles.

section 9. of the life insurance corporation act : 1 unless otherwise expressly provided by or under this act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which an insurer whose controlled business has been transferred to and vested in the corporation is a party or which are in favour of such insurer shall in so far as they relate to the controlled business of the insurer be of as full force and affect against or in favour of the corporation, as the case may be, and may be enforced or acted upon as fully and effectually as if, instead of the insurer, the corporation had been a party thereto or as if they had been entered into or issued in favour of the corporation. 2 if on the appointed day any suit, appeal or other legal proceeding of whatever nature is pending by or against an insurer, then, in so far as it relates to his controlled business, it shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the corporation of the business of the insurer or anything done under this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corporation.

section 10. of the life insurance corporation act : 1 for the removal of doubts it is hereby declared that in any case where an insurer whose controlled business has been transferred to an vested in the corporation under this act is a composite insurer, the provisions of the preceding sections shall only apply to the extent to which any property appertains to his controlled business and to rights and powers acquired, and to debts, liabilities and obligations incurred, and to contracts, agreements and other instruments made by the insurer for the purposes of his controlled business and to legal proceedings relating to those purposes, and the provisions of those sections shall be construed accordingly. 2 the central government may, by rules made in this behalf provide a for the determination of the question whether any property appertains to his controlled business or whether any rights, powers, debts, liabilities or obligations were acquired or incurred or any contract, agreement or other instrument was made by the insurer for the purposes of his controlled business or whether any documents relate to those purposes b for the allocation of the paidup capital or assets representing such paidup capital, as the case may be, between the controlled business of the insurer and any other business c for substituting for any agreements entered into by any insurer partly for the purposes of his controlled business and partly for other purposes separate agreements in the requisite terms and for any apportionments and indemnities consequent thereon d for the severance of leases comprising property of which part only is transferred to and vested in the corporation by virtue of this act and for apportionment consequent on such severance e for the apportionment and the making of financial adjustments with respects to any debts, liabilities of obligations incurred by any such insurer partly for the purposes of his controlled business and partly for other purposes and for any necessary variation of mortgages and encumbrances relating to such debts, liabilities or obligations f for the apportionment of the moneys and other assets belonging to any provident or superannuation fund or any other like fund to which the provisions of section 8 do not apply between persons employed in connection with the controlled business of an insurer and other persons g for any other matters supplementary to or consequential on the matters aforesaid for which provision appears to be necessary or expedient. 3 all rules made under this section shall be laid for not less than thirty days before both houses of parliament as soon as possible after they are made, and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following. 4 where at any time before the expiration of six months from the appointed day a question has arisen under this section or under any rules made thereunder as to whether any property is or was held or used by the insurer for the purposes of his controlled business, the question shall be referred to the tribunal for decision.

section 7. of the life insurance corporation act : 1 on the appointed day there shall be transferred to and vested in the corporation all the assets and liabilities appertaining to the controlled business of all insurers. 2 the assets appertaining to the controlled business of an insurer shall be deemed to include all rights and powers, and all property, whether movable or immovable, appertaining to his controlled business, including, in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the insurer and all books of account or documents relating to the controlled business of the insurer and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing and appertaining to the controlled business of the insurer. explanation.the expression assets appertaining to the controlled business of an insurer a in relation to a composite insurer, includes that part of the paidup capital of the insurer or assets representing such part which has or have been allocated to the controlled business of the insurer in accordance with the rules made in this behalf b in relation to a government, means the amount lying to the credit of that business on the appointed day. 3 where any such assets are subject to any trust referred to in subsection 6 of section 27 of the insurance act or to any other trust for the benefit of policyholders, the assets shall be deemed to have vested in the corporation free from any such trust.

section 8. of the life insurance corporation act : 1 where an insurer whose controlled business is to be transferred to and vested in the corporation under section 7, has established a provident or superannuation fund or any other like fund for the benefit of his employees and constituted a trust in respect thereof hereinafter in this section referred to as an existing trust, the moneys standing to the credit of any such fund on the appointed day, together with any other assets belonging to such fund, shall, subject to the provisions of subsection 2, stand transferred to and vest in the corporation on the appointed day free from any such trust. 2 where all the employees of any such insurer do not become employees of the corporation under section 11, the moneys and other assets belonging to any such fund as it referred to in subsection 1, shall be apportioned between the trustees of the fund and the corporation in the prescribed manner and in case of any dispute regarding such apportionment, the decision of the central government thereon shall be final. 3 the corporation shall, as soon as may be after the appointed day, constitute in respect of the moneys and other assets which are transferred to and vested in it under this section, one or more trusts having objects as similar to the objects of the existing trusts as in the circumstances may be practicable. 4 where all the moneys and other assets belonging to an existing trust are transferred to and vested in the corporation under this section, the trustees of such trust, shall as from the appointed day, be discharged from the trust, expect as respects things done or omitted to be done before the appointed day.

section 13. of the life insurance corporation act : 1 where any property appertaining to the controlled business of an insurer has been transferred to and vested in the corporation under this act, then, a every person, in whose possession, custody or control any such property may be, shall deliver the property to the corporation forthwith b any person who, on the appointed day, has in his possession, custody or control any books, documents or other papers relating to such controlled business shall be liable to account for the said books, documents and papers to the corporation, and shall deliver them to the corporation or to such person as the corporation may direct. 2 in particular, all the assets of an insurer appertaining to life insurance business held in deposit by the reserve bank of india under the insurance act or by trustees in trust shall be delivered to the corporation. 3 without prejudice to the other provisions contained in this section, it shall be lawful for the corporation to take all necessary steps for securing possession of all properties which have been transferred to and vested in it under this act.

section 11. of the life insurance corporation act : 1 every wholetime employee of an insurer whose controlled business has been transferred to and vested in the corporation and who was employed by the insurer wholly or mainly in connection with his controlled business immediately before the appointed day shall, on and from the appointed day, become an employee of the corporation, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same on the appointed day if this act had not been passed, and shall continue to do so unless and until his employment in the corporation is terminated or until his remuneration, terms and conditions are duly altered by the corporation: provided that nothing contained in this subsection shall apply to any such employee who has, by notice in writing given to the central government prior to the appointed day, intimated his intention of not becoming an employee of the corporation. 12 where the central government is satisfied that for the purpose of securing uniformity in the scales of remuneration and the other terms and conditions of service applicable to employees of insurers whose controlled business has been transferred to, and 2vested in the corporation, it is necessary so to do, or that, in the interests of the corporation and its policyholders, a reduction in the remuneration payable, or a revision of the other terms and conditions of service applicable, to employees or any class of them is called for, the central government may, notwithstanding anything contained in subsection 1, or in the industrial disputes act, 14 of , or in any other law for the time being in force, or in any award, settlement or agreement for the time being in force, alter whether by way of reduction or otherwise the remuneration and the other terms and conditions of service to such manner as it thinks fit and if the alteration is not acceptable to any employee, the corporation may terminate his employment by giving him compensation equivalent to three months remuneration unless the contract of service with such employee provides for a shorter notice of termination. explanation.the compensation payable to an employee under this subsection shall be in addition to, and shall not affect, any pension, gratuity provident fund money or any other benefit to which the employee may be entitled under his contract of service. 3 if any question arises as to whether any person was a whole time employee of an insurer or as to whether any employee was employed wholly or mainly in connection with the controlled business of an insurer immediately before the appointed day the question shall be referred to the central government whose decision shall be final. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any employee of an insurer to the corporation shall not entitle any such employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority. 1. subs. by act 17 of , s. 2, for subsection 2 w.e.f. . 2. subs. by act 36 of , s. 2 and the first schedule, for vested in it w.e.f. .

section 12. of the life insurance corporation act : subject to such rules as the central government may make in this behalf, every wholetime salaried employee of a chief agent of an insurer whose controlled business has been transferred to and vested in the corporation and, a who was employed by the chief agent wholly or mainly in connection with the controlled business of the insurer b whose salary on the appointed day did not exceed five hundred rupees per mensem and c who was in the employment of the chief agent for a continuous period of not less than one year immediately before the appointed day shall, on and from the appointed day, become, an employee of the corporation and the provisions of section 11 shall, so far as may be, apply in relation to such employee as they apply in relation to a wholetime employee of the insurer: provided that this section shall not apply except in cases where the chief agent of the insurer was required under the terms of his contract with the insurer to render the prescribed services to policy holders of the insurer. explanation.in the case of a wholetime salaried employee of a chief agent who has been retrenched by the chief agent on or after the 19th day of january, , the provisions of this section shall apply as if for the words the appointed day the words and figures the 19th day of january, had been substituted.

section 19b.nomination and remuneration committee of the life insurance corporation act : 119b. nomination and remuneration committee.1 the board shall constitute a nomination and remuneration committee of the board, consisting of three or more directors from amongst directors other than those appointed either under subclause i of clause a or under clause b or under clause c of subsection 2 of section 4, out of whom not less than onehalf shall be independent directors at any time when the number of independent directors in office is sufficient to constitute such proportion of the membership of the committee: provided that the chairperson may be appointed as a member of the nomination and remuneration committee but shall not chair the committee: provided further that in the event of the corporation applying to list its equity shares under any regulation made by the securities and exchange board in this behalf, the corporation shall ensure that the proportion of independent directors on the nomination and remuneration committee shall be in accordance with the requirements as provided under those regulations. 2 the nomination and remuneration committee shall i formulate the criteria for determining qualifications, positive attributes and independence of a director to be appointed under clause e or clause f or clause g of subsection 2 of section 4 and recommend the same to the board ii in accordance with the criteria referred to in clause i, identify individuals who are qualified to be appointed as such a director: provided that while identifying individuals, the committee shall have due regard to the requirements under the proviso to subsection 1 of section 19c iii give its recommendations to the board regarding appointment and removal of such an individual, and carry out evaluation of his performance and iv recommend to the board a policy relating to the sum payable as sitting fees to a director nominated or appointed under clauses e or f or g of subsection 2 of section 4, subject to such fees not exceeding such limit as may apply in respect of sitting fees payable to a director of a company under the companies act. 1. subs. by act 13 of , s. 132, for section 19 w.e.f. .

section 15. of the life insurance corporation act : 1 where an insurer whose controlled business has been transferred to and vested in the corporation under this act has, at any time within five years before the 19th day of january, , a made any payment to any person without consideration b sold or disposed of any property of the insurer without consideration or for an inadequate consideration c acquired any property or rights for an excessive consideration d entered into or varied any agreement so as to require an excessive consideration to be paid or given by the insurer e entered into any other transaction of such an onerous nature as to cause a loss to, or impose a liability on, the insurer exceeding any benefit accruing to the insurer f if a composite insurer, transferred any property from his life department to his general department without consideration or for an inadequate consideration and the payment, sale, disposal, acquisition, agreement or variation thereof or other transaction or transfer was not reasonably necessary for the purpose of the controlled business of the insurer or was made with an unreasonable lack of prudence on the part of the insurer, regard being had in either case to the circumstances at the time, the corporation may apply for relief to the tribunal in respect of such transaction, and all parties to the transaction shall, unless the tribunal otherwise directs, be made parties to the application. 2 the tribunal may make such order against any of the parties to the application as it thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. 3 where an application is made to the tribunal under this section is respect of any transaction and the application is determined in favour of the corporation, the tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction.

section 17. of the life insurance corporation act : 1 the central government may for the purposes of this act constitute one or more tribunals and each of the tribunals shall consist of three members appointed by the central government one of whom shall be a person who is, or has been, a judge of a high court or has been a judge of the supreme court, and he shall be the chairman thereof. 2 a tribunal may choose one or more persons possessing special knowledge of any matter relating to any case under inquiry to assist the tribunal in determining any question which has to be decided by it under this act. 3 every tribunal shall have the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents. 4 every tribunal shall have power to regulate its own procedure and decide all matters within its competence, and may review any of its decisions in the event of there being a mistake on the face of the record or correct any arithmetical or clerical error therein.

section 16. of the life insurance corporation act : 1 where the controlled business of an insurer has been transferred to and vested in the corporation under this act, compensation shall be given by the corporation to that insurer in accordance with the principles contained in the first schedule. 2 the amount of the compensation to be given in accordance with the aforesaid principles shall be determined by the corporation in the first instance, and if the amount so determined is approved by the central government it shall be offered to the insurer in full satisfaction of the compensation payable to him under this act, and if, on the other hand, the amount so offered is not acceptable to the insurer he may within such time as may be prescribed for the purpose have the matter referred to the tribunal for decision.

section 14. of the life insurance corporation act : the corporation may, having regard to the financial condition on the appointed day of any insurer whose controlled business has been transferred to an vested in the corporation, reduce the amounts of insurance under contracts of life insurance entered into by such insurer before the 19th day of january, , in such manner and subject to such conditions as it thinks fit: provided that no such reduction shall be made except in accordance with a scheme prepared by the corporation in this behalf and approved by the central government.

section 19a. of the life insurance corporation act : 119a. investment committee.the board may, for such functions relating to investment of the funds of the corporation as the board may entrust, constitute an investment committee of the board, consisting of the chief executive and not more than seven other directors, of which a minimum two shall be directors other than directors appointed under clause a or clause b of subsection 2 of section 4: provided that the officers of the corporation heading the functions dealing with finance, risk, investment and law as well as its appointed actuary shall be invited to every meeting of the committee and shall have a right to be heard at the meeting. explanation.for the purposes of this section and section 24b, appointed actuary means the actuary appointed as such by the corporation under the regulations made by the authority under the insurance act regarding appointed actuaries. 1. subs. by act 13 of , s. 132, for section 19 w.e.f. .

section 20. of the life insurance corporation act : 120. chief executive and managing directors.1 the chief executive shall, subject to the superintendence, control and direction of the board, be entrusted with substantial powers of management in respect of the whole of the affairs of the corporation. 2 the chief executive shall also perform such other duties in relation to the affairs of the corporation as the board may entrust to him from time to time and shall, for this purpose, exercise such powers as may be conferred upon him by the board: provided that the board may also empower the chief executive to entrust or delegate such of his duties and powers, as it may deem fit. 3 every managing director, subject to the general control of the chief executive, shall perform such duties and exercise such powers as may be entrusted or delegated to him by the board or, under subsection 2, by the chief executive. 1. subs. by act 13 of , s. 133, for section 20 w.e.f. .

section 18. of the life insurance corporation act : 1 the central office of the corporation shall be at such place as the central government may, by notification in the official gazette, specify. 2 the corporation shall establish a zonal office at each of the following places, namely, bombay, calcutta, delhi, kanpur and madras, and, subject to the previous approval of the central government, may establish such other zonal offices as it thinks fit. 3 the territorial limits of each zone shall be such as may be specified by the corporation. 14 there may be established as many divisional offices and branches in each zone as may be decided by the corporation in accordance with the guidelines issued by the insurance regulatory and development authority established under the insurance regulatory and development authority act, 41 of in this regard. 1. subs. by act 8 of , s. 3, for subsection 4 w.e.f. .

section 19. of the life insurance corporation act : 119. executive committee.1 the board may constitute an executive committee of the board, consisting of i the chief executive ii managing directors iii the director referred to in clause d of subsection 2 of section 4 and iv four directors nominated by the board from amongst the directors referred to in clauses e, f and g of subsection 2 of section 4. 2 the executive committee of the board shall exercise such powers as the board may entrust to it. 1. subs. by act 13 of , s. 132, for section 19 w.e.f. .

section 22. of the life insurance corporation act : 1 the corporation may entrust the superintendence and direction of the affairs and business of a zonal office to 1an employee of the corporation other than a wholetime director, who shall be known as the zonal manager and the zonal manager shall perform all such functions of the corporation as may be delegated to him with respect to the area within the jurisdiction of the zonal office. 2. 3 the corporation shall constitute in the prescribed manner for each zonal office an employees and agents relations committee consisting of such number of persons as it thinks fit and every such committee shall consist of representatives of the corporation and of its employees and agents, so however, that the number of representatives of the employees and agents on the committee shall not be less than the number of representatives of the corporation and it shall be duty of the committee to advise the zonal manager on matters which relate to the welfare of the employees and agents of the corporation or which are likely to promote and secure amity and good relations between them and the corporation. 1. subs. by s. 134, ibid., for a person whether a member or not w.e.f. . 2. subsection 2 omitted by act 13 of , s. 134 w.e.f. .

section 19c. of the life insurance corporation act : 119c. audit committee.1 the board shall constitute an audit committee of the board, consisting of a minimum of three directors with independent directors forming a majority when the number of independent directors in office is sufficient to constitute such proportion of the membership of the audit committee: provided that a majority of directors on the audit committee, including its chairperson, shall be individuals with ability to read and understand financial statements and at least one individual shall have accounting or related financial management expertise: provided further that in the event of the corporation applying to list its equity shares under any regulation made by the securities and exchange board in this behalf, the corporation shall ensure that the proportion of independent directors on the audit committee shall be in accordance with the requirements as provided under those regulations. 2 the audit committee shall act in accordance with the terms of reference specified by the board, which shall include, inter alia, a recommendations for appointment, remuneration and terms of appointment of the auditors of the corporation b review and monitoring of the independence and performance of the auditors, and the effectiveness of the audit process c examination of financial statements and auditors report thereon d prior approval of transactions of the corporation with related parties: provided that the audit committee may make omnibus approval for related party transactions proposed to be entered into by the corporation subject to the conditions specified in subsection 3: provided further that in case of transaction other than transactions referred to in section 4c, and where the audit committee does not approve a transaction, it shall make its recommendations to the board: provided also that in case any transaction involving any amount not exceeding one crore rupees is entered into by a director or an officer of the corporation without obtaining the approval of the audit committee and it is not ratified by the audit committee within three months from the date of the transaction, such transaction shall be voidable at the option of the corporation with the approval of the audit committee and if the transaction is with the related party to any director or is authorised by any other director, the director concerned shall indemnify the corporation against any loss incurred by it e scrutiny of intercorporate loans and investments f valuation of undertakings or assets of the corporation, wherever it is necessary g evaluation of internal financial controls and risk management systems h monitoring the end use of funds raised through public offers, and related matters. 3 the audit committee may grant omnibus approval for related party transactions proposed to be entered into by the corporation, subject to the following conditions, namely: a the audit committee shall lay down the criteria for granting omnibus approval in line with the policy referred to in subsection 2 of section 4c including in respect of transactions which are repetitive in nature b the audit committee shall satisfy itself that omnibus approval is needed and that such approval is in the interest of the corporation c the omnibus approval shall specify the following, namely: i the details regarding the name of the related party and the nature, period and the maximum amount of the transactions that shall be entered into ii the details regarding indicative base price or current contracted price, along with the formula, if any, for variation in the price and iii such other conditions as the audit committee may deem fit: provided that where the need for related party transaction cannot be foreseen and the said details are not available, the audit committee may grant omnibus approval for such transactions subject to their value not exceeding one crore rupees per transaction d the audit committee shall review on a quarterly basis, the details of related party transactions entered into by the corporation pursuant to every omnibus approval given and e omnibus approval shall be valid for a period not exceeding one year and shall require fresh approval after expiry of one year. 4 the audit committee may call for the comments of the auditors about internal control systems, the scope of audit including the observations of the auditors, and review of financial statements before their submission to the board, and may also discuss any related issues with the auditors and the management of the corporation. 5 the audit committee shall have authority to investigate any matter in relation to the items specified in subsection 2 or referred to it by the board and, for this purpose, shall have the power to obtain professional advice from external sources and have full access to information contained in the records of the corporation. 6 the auditors of the corporation and such key managerial personnel as the board may specify shall have a right to be heard in the meetings of the audit committee when it considers the auditors report. 1. subs. by act 13 of , s. 132, for section 19 w.e.f. .

section 19d. of the life insurance corporation act : 119d. other committees.the board may constitute such other committees of the board as it may deem fit, to render advice to the board on such matters as may be generally or specially referred to them, and to perform such duties as the board may entrust to them. 1. subs. by act 13 of , s. 132, for section 19 w.e.f. .

section 21. of the life insurance corporation act : in the discharge of its functions under this act, the corporation shall be guided by such directions in matters of policy involving public interest as the central government may give to it in writing and if any question arises whether a direction relates to a matter of policy involving public interest the decision of the central government thereon shall be final.

section 24a. of the life insurance corporation act : 124a. books of account, etc.1 the corporation shall prepare and keep at its central office books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of its affairs, including that of its zonal offices, and which explain the transactions effected both at the central office and at its zonal offices. 2 the corporation shall prepare and keep at each zonal office of the corporation, books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of affairs of every divisional office established in the zone corresponding to such zonal office and which explain the transactions effected thereat. 3 the corporation shall prepare and keep at each divisional office of the corporation, books of account and other relevant books and records and financial statement for every financial year which give a true and fair view of the state of affairs of every branch established under such divisional office and which explain the transactions effected thereat. 4 all or any of the books of account and other relevant books and records referred to in subsection 1 or subsection 2 or subsection 3 may be kept at such other place or places in india as the board may decide. 5 the corporation shall be deemed to have complied with the provisions of subsection 1 or subsection 2 or subsection 3, in respect of a zonal office or a divisional office, other than the central office, or a branch of the corporation, whether within or outside india, if proper books of account relating to the transactions effected at such office or branch, are kept thereat and proper summarised returns are sent periodically to the central office or the corresponding zonal office or the corresponding divisional office, or to the other place referred to in subsection 4. 6 the books of account and other relevant books and records referred to in subsection 1 or subsection 2 or subsection 3 may be kept in electronic form, in such manner as the board may determine. 7 the books of account of the corporation relating to a period of not less than ten financial years immediately preceding a financial year, together with the vouchers relevant to any entry in such books of account, shall be kept in good order: provided that where the central government has appointed a special auditor under section 25d or is of the opinion that circumstances exist which render it necessary so to do, it may direct the corporation that the books of account be kept for such longer period as the central government may specify. 1. subs.by act 13 of , s. 136, for section 24 w.e.f. .

section 24d. of the life insurance corporation act : 124d. penalties.if the chief executive or the managing director in charge of finance or the head of the finance function of the corporation or any other person of the corporation charged by the board with the duty of complying with the provisions of section 24a or section 24b or section 24c contravenes any of the said provisions, such chief executive or managing director or head of finance function or other person shall, for each section whose provisions have been contravened, be liable to pay penalty of a sum which shall not be less than fifty thousand rupees but which may extend to five lakh rupees. 1. subs.by act 13 of , s. 136, for section 24 w.e.f. .

section 23. of the life insurance corporation act : 1 for the purpose of enabling it to discharge its functions under this act, the corporation may employ such number of persons as it thinks fit. 2 every person employed by the corporation or whose services have been transferred to the corporation under this act, shall be liable to serve anywhere in india.

section 23a.annual general meeting and other general meetings of the life insurance corporation act : 123a. annual general meeting and other general meetings.1 an annual general meeting or other general meeting of members shall be held in each financial year at such time as the board may specify, at the central office of the corporation or at such other place in india as the central government may permit on the recommendations of the board: provided that not more than fifteen months shall elapse between the date of one annual general meeting of the corporation and that of the next: provided further that notwithstanding anything contained in this section, general meeting shall be held only when the corporation has members other than the central government who are entitled to vote: provided also that until the first annual general meeting or other general meeting is held, the board shall perform all the functions required to be performed in such meeting. 2 the members present at an annual general meeting shall be entitled to a discuss the financial statements of the corporation as referred to in section 24b and the auditors report as referred to in section 25b, which shall be accompanied by the report of the board as referred to in section 24c, and to adopt the financial statements, along with all the documents which are required to be attached to such financial statements under this act b discuss and adopt the annual report prepared under section 27 c approve a declaration of dividend under subsection 1 of section 28b d approve the appointment of directors under subsection 4 of section 4 e approve the appointment of auditors under subsections 1 and 4 of section 25 and fix their remuneration under subsection 7 of section 25. 3 every member shall be entitled to attend a general meeting, whether in person or by proxy or by duly authorised representative: provided that every director shall also be entitled to attend a general meeting, whether in person or through electronic means: provided further that all notices of, and other communications relating to, any general meeting shall be forwarded to the auditor appointed for the corporation, and such auditor shall, unless exempted by the corporation, attend any general meeting either in person or through authorised representative who is qualified to be an auditor, and shall have the right to be heard at such meeting on any part of the business which concerns him as the auditor. 4 a member who is entitled to vote may exercise his vote at a general meeting in person or by proxy or by duly authorised representative. 5 persons entitled to attend and to exercise vote at a general meeting may also do so through electronic means, and the manner of attendance and exercise of vote shall be such as may be prescribed. 6 no business other than that specified in subsection 2 shall be transacted or discussed at the annual general meeting, except with the consent of the chairperson, unless not less than six weeks notice of the same has been given to the chairperson either by the central government or by at least hundred members who have the right to vote at the meeting: provided that such a notice shall be in the form of a definite resolution to be put to the meeting, and that such resolution shall be included in the notice of the meeting. 7 save and except with the consent of the chairperson, no business other than that for which a general meeting has been convened shall be transacted or discussed at the meeting. 8 no general meeting shall be proceeded with and no business shall be transacted at any general meeting unless members constitute such quorum as may be prescribed: provided that where a meeting could not be held for want of quorum, it may be adjourned and held in such manner as may be prescribed. 9 the corporation shall cause the minutes of all proceedings of general meetings to be entered in books kept for that purpose. 1. ins. by s. 135, ibid. w.e.f.

section 24. of the life insurance corporation act : 124. funds of the corporation.1 the corporation shall have its own fund or funds, and all receipts of the corporation shall be credited thereto and all payments of the corporation shall be made therefrom: provided that the board may, in relation to any of the funds of the corporation or otherwise, establish reserves which may or may not be allocated for a specific purpose, and such sums as the board may determine, may be transferred to or from such reserves. 2 the board shall, for every financial year after the financial year in which the provisions of section 136 of the finance act, come into force, cause to be maintained a a participating policyholders fund, to which all receipts from participating policyholders shall be credited and from which all payments to such policyholders shall be made and b a nonparticipating policyholders fund, to which all receipts from nonparticipating policyholders shall be credited and from which all payments to such policyholders shall be made: provided that the members, by resolution in a general meeting, may exempt maintenance of such funds for one financial year at a time up to two financial years.. 1. subs.by act 13 of , s. 136, for section 24 w.e.f. .

section 24c. of the life insurance corporation act : 124c. boards report.1 there shall be attached to financial statements placed before general meeting, a report by the board, which shall include a number of meetings of the board b a directors responsibility statement c details in respect of frauds reported by auditors d a statement on declarations given by independent directors under the second proviso to subsection 3 of section 4 e the corporations policy on directors appointment, including the criteria for determining qualifications, positive attributes and independence of a director, which are referred to in section 19b f explanations or comments by the board on every qualification, reservation or adverse remark or disclaimer made in the auditors report g particulars in respect of investments in terms of the provisions of section 27a of the insurance act as made applicable to the corporation by notification issued under subsection 2 of section 43 h particulars of contracts or arrangements with related parties, referred to in subsection 1 of section 4c i the state of the corporations affairs j the amounts, if any, which are carried to any reserves k the amount, if any, which it recommends should be paid by way of dividend l material changes and commitments, if any, affecting the financial position of the corporation, which have occurred between the end of the financial year to which the financial statements relate and the date of the report m a statement indicating the manner in which annual evaluation of the performance of individual directors has been made under section 19b n such other matters as may be prescribed: provided that where disclosures referred to in this subsection have been included in the financial statements, such disclosures may be referred to instead of being repeated in the boards report: provided further that where the policy referred to in clause e is made available on the corporations website, it shall be sufficient compliance of the requirement under the said clause if the salient features of the policy and any changes therein are specified in brief in the boards report and the webaddress at which the policy is available is indicated therein. 2 the directors responsibility statement referred to in clause b of subsection 1 shall state that a in the preparation of the annual accounts, the requirements referred to in section 24b were followed, along with proper explanation relating to material departures b accounting policies were selected and applied consistently and the judgments made and estimates were reasonable and prudent, so as to give a true and fair view of the state of affairs of the corporation at the end of the financial year and of the profit and loss of the corporation for that period c proper and sufficient care for the maintenance of adequate accounting records was taken in accordance with the provisions of this act for safeguarding the assets of the corporation and for preventing and detecting fraud and other irregularities d the annual accounts were prepared on a going concern basis e the vigilance administration referred to in clause h of subsection 1 of section 8 of the central vigilance commission act, 45 of was in operation in the corporation under the superintendence of the central vigilance commission, and in addition, internal financial controls to be followed by the corporation had been laid down and were operating effectively and f proper systems were devised to ensure compliance with the provisions of applicable laws and were operating effectively. explanation.for the purposes of this subsection, the expression internal financial controls means the policies and procedures adopted for ensuring the orderly and efficient conduct of the corporations business, including adherence to its policies, safeguarding of its assets, prevention and detection of errors, accuracy and completeness of accounting records, and timely preparation of reliable financial information. 3 the boards report and any annexures thereto under subsection 1 shall be signed on behalf of the board by two wholetime directors and one director other than a wholetime director. 1. subs.by act 13 of , s. 136, for section 24 w.e.f. .

section 25a. of the life insurance corporation act : 125a. removal and resignation of auditor.1 the auditor appointed under section 25 may be removed from office before expiry of the term of appointment only by a special resolution: provided that before taking any action under this subsection, an auditor proposed to be removed shall be given a reasonable opportunity of being heard, which shall include the right to represent in writing to the corporation and, where the auditor requests that such representation be notified to members, to have a copy thereof sent to every member and in case a copy is not sent as aforesaid because it was received too late, to have the representation read out at the meeting, without prejudice to the right to be heard orally. 2 the auditor who has resigned from the corporation shall file within a period of thirty days from the date of resignation, a statement in the prescribed form with the corporation, indicating the reasons and other facts as may be relevant with regard to the resignation. 3 without prejudice to any action under this act or any other law, if the central government is satisfied, in consultation with the comptroller and auditor general of india, that any change of auditor is required, it may make an order that the auditor shall not function as such and may appoint another auditor in place of such auditor. 1. subs. by act 13 of , s. 137, for section 25 w.e.f. .

section 24b. of the life insurance corporation act : 124b. financial statements.1 the financial statements of the corporation shall give a true and fair view of the state of affairs of the corporation and shall be in conformity with applicable accounting requirements as may be applicable for such financial statements: provided that the financial statements shall not be treated as not disclosing a true and fair view of the state of affairs of the corporation, merely by reason of the fact that they do not disclose any matters which are not required to be disclosed by this act or by the insurance act or by the insurance regulatory and development authority act, 42 of or by any other law for the time being in force. 2 at every annual general meeting, the board shall place before such meeting financial statements for the preceding financial year. 3 the corporation shall, in addition to financial statements provided under subsection 2, prepare a consolidated financial statement of the corporation in conformity with the requirements referred to in subsection 1, and shall place the same before the annual general meeting, along with the placing of its financial statements under subsection 2: provided that the corporation shall also attach along with its financial statements, a separate statement containing the salient features of the consolidated financial statement. 4 the provisions of this act applicable to financial statements under subsection 1 and under section 24c, the inquiry by the auditor into matters referred to in and making of the auditors report on accounts under section 25b, and adoption of financial statements under section 23a at the annual general meeting, shall, mutatis mutandis, apply to the consolidated financial statement referred to in subsection 3. 5 without prejudice to anything contained in subsection 1 or subsection 3, where the financial statements are not in conformity with the standards applicable thereto, the corporation shall disclose in the financial statements the deviation from applicable standards, the reasons therefor and the financial effects, if any, arising out of such deviation. 6 financial statements including consolidated financial statement, if any, shall be approved by the board before they are signed on behalf of the board by two wholetime directors, one director other than a wholetime director, the heads of the finance and secretarial functions of the corporation and its appointed actuary, for submission to the auditor for his report thereon. 7 the auditors report shall be attached to every financial statement. 8 a signed copy of every financial statement, including consolidated financial statement, if any, shall be issued, circulated or published, along with a copy each of a any notes annexed to or forming part of such financial statement b the auditors report and c the boards report referred to in subsection 1 of section 24c. 1. subs.by act 13 of , s. 136, for section 24 w.e.f. .

section 25. of the life insurance corporation act : 1 the corporation shall, at its first annual general meeting, appoint as many auditors which may be individual or firm as it deems fit, and such auditor shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting thereafter, and shall similarly appoint auditor for subsequent periods of five years at a time, and the manner and procedure of selection of auditors by the members at such a meeting shall be such as may be prescribed: provided that before such appointment is made, the written consent of the auditor to such appointment, and a certificate from the auditor that the appointment, if made, shall be in accordance with such conditions as may be prescribed, shall be obtained from the auditor: provided further that such certificate shall also declare that the auditor satisfies the criteria provided for eligibility for appointment as an auditor of a company under section 141 of the companies act. 2 the corporation shall not appoint an auditor for more than one term of five consecutive years: provided that an auditor who has completed the term of appointment shall not be eligible for reappointment or for fresh appointment as auditor for a period of five years from such completion: provided further that no audit firm shall be appointed as auditor for a period of five years which, if appointed, as on the date of its appointment, would have a common partner or partners with the audit firm whose term as auditor in the corporation had expired in the financial year immediately preceding the financial year in which fresh appointment is to be made, or which is associated with the same network of audit firms as the audit firm whose term had expired as aforesaid: provided also that nothing contained in this subsection shall prejudice the right of the corporation to remove an auditor or the right of the auditor to resign from such office of the corporation. explanation.for the purposes of this subsection, the expression same network includes firms operating or functioning under a common brand name or trade name, or under common control, or which are network firms as defined under any guidelines for networking issued by the institute of chartered accountants of india, constituted under section 3 of the chartered accountants act, 38 of . 3 subject to the provisions of this act, the corporation may resolve in a general meeting to provide that a in the audit firm appointed by it, the auditing partner and his team shall be rotated at such intervals as may be resolved by members b the audit shall be conducted by more than one auditor. 4 any casual vacancy in the office of an auditor shall be filled by the board within thirty days, but if such casual vacancy is as a result of the resignation of an auditor, such appointment shall also be approved by the corporation in a general meeting convened within three months of the board making recommendations in this behalf, and the auditor so appointed shall hold office till the conclusion of the next annual general meeting. 5 where at any annual general meeting, no auditor is appointed, the existing auditor shall continue to be the auditor of the corporation. 6 all appointments, including the filling of a casual vacancy of an auditor under this section, shall be made after taking into account the recommendations of the audit committee. 7 the remuneration of the auditor shall be fixed in the general meeting or in such manner as may be determined therein. 8 until the first annual general meeting is held, auditors duly qualified to act as auditors of companies under the law for the time being in force relating to companies shall be appointed by the board with the previous approval of the central government, and shall receive such remuneration from the corporation as the central government may fix. 9 notwithstanding anything contained in subsection 1, where an auditor has been appointed previous to the first annual general meeting, either under section 25 as it stood before the coming into force of section 137 of the finance act, or thereafter under subsection 8, and the term specified for such auditors appointment has not expired, and the auditor meets the criteria referred to in subsection 1, such auditor shall continue till the expiry of the term so specified: provided that nothing contained in this subsection or in section 25a shall prejudice the right of the corporation to remove such auditor or the right of the auditor to resign from such office of the corporation. 10 an auditor appointed under subsection 1 or subsection 8 or subsection 9 shall provide to the corporation or its subsidiaries such other services as are approved by the board, but shall not include any of the services, whether rendered directly or indirectly, that are enumerated in section 144 of the companies act: provided that an auditor who has been performing any nonaudit services on or before the coming into force of section 137 of the finance act, shall comply with the provisions of this subsection before the close of the first financial year in which the said section comes into force. explanation.for the purposes of this section, the word firm shall include a limited liability partnership incorporated under the limited liability partnership act, 6 of . 1. subs. by act 13 of , s. 137, for section 25 w.e.f. .

section 25b. of the life insurance corporation act : 125b. powers and duties of auditors and auditors report.1 every auditor of the corporation shall have a right of access at all times to the books of account and vouchers of the corporation, and shall be entitled to require from the officers of the corporation such information and explanation as the auditor may consider necessary for the performance of his duties as auditor, and shall, amongst other matters, inquire into the following matters, namely: a whether loans and advances made by the corporation on the basis of security have been properly secured b whether the terms on which loans and advances have been made are prejudicial to the interests of the corporation or its members c whether transactions of the corporation which are represented merely by book entries are prejudicial to its interests d whether so much of the assets of the corporation as consist of shares, debentures and other securities have been sold at a price less than that at which they were purchased e whether loans and advances made by the corporation have been shown as deposits f whether personal expenses have been charged to revenue account g where it is stated in the books and documents of the corporation that any shares have been allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balancesheet is correct, regular and not misleading: provided that the auditor shall also have the right of access to the records of all the subsidiaries and associate companies of the corporation, in so far as they relate to consolidation of the corporations financial statements with those of such subsidiaries and associate companies. 2 the auditor shall make a report to the members on the accounts examined by the auditor and on every financial statement which is required by or under law to be placed in general meeting, and such report shall, after taking into account applicable provisions of this act and any other law for the time being in force, the standards referred to in section 24b, and matters that are required to be included in the audit report under the provisions of this act or any other law for the time being in force, and to the best of the information and knowledge of the auditor, state that the said accounts and financial statements give a true and fair view of the state of the corporations affairs as at the end of its financial year and profit or loss and cash flow for the year. 3 the auditors report shall also state a whether the auditor has sought and obtained all the information and explanations which to the best of the auditors knowledge and belief were necessary for the purpose of audit and if not, the details thereof and the effect of such information on the financial statements b whether, in the auditors opinion, proper books of account as required by law have been kept by the corporation so far as appears from the auditors examination of those books and proper returns adequate for the purposes of audit have been received from branches not visited by the auditor c whether any report referred to in the proviso to subsection 6 has been sent to the corporations auditor, and the manner in which the corporations auditor has dealt with it in preparing the auditors report d whether the corporations balancesheet and profit and loss account dealt within the report are in agreement with the books of account and returns e whether, in the auditors opinion, the financial statements comply with applicable standards f the observations or comments of the auditor on financial transactions and matters which have any adverse effect on the functioning of the corporation g whether any director is disqualified to be or remain a director under clause i of section 4a h any qualification, reservation or adverse remark relating to the maintenance of accounts and matters connected therewith i whether the corporation has adequate internal financial controls with reference to financial statements in place and the operating effectiveness of such controls j such other matters as may be prescribed. 4 where any of the matters required to be included in the audit report under this section is answered in the negative or with a qualification, the report shall state the reasons therefor. 5 all qualifications, observations or comments mentioned in the report of the auditor appointed for the corporation, in respect of financial transactions or matters that have any adverse effect on the functioning of the corporation, shall be read out in general meeting and shall be open to inspection by any member. 6 in respect of a branch or an office of the corporation, the accounts shall be audited either by the auditor appointed for the corporation herein referred to as corporations auditor in this section or by any other person qualified for appointment as an auditor of the corporation and appointed as such under section 25, or where the branch or office is situated in a country outside india, the accounts of the branch or office shall be audited either by the corporations auditor or by an accountant or by any other person duly qualified to act as an auditor of the accounts of the branch or office in accordance with the laws of that country, and the duties and powers of the corporations auditor with reference to the audit of the branch or office and the auditor thereof, if any, shall be such as may be prescribed: provided that the auditor for a branch or office shall prepare a report on the accounts of the branch or office, examined by such auditor and shall send it to the corporations auditor, who shall deal with it in the corporations auditors report in such manner as the corporations auditor may consider necessary. 1. subs. by act 13 of , s. 137, for section 25 w.e.f.

section 25c. of the life insurance corporation act : 125c. internal auditor.1 the board shall, on the recommendation of the audit committee, appoint an internal auditor, who shall either be a chartered accountant or a cost accountant, or such other professional as may be determined by the board to conduct the internal audit of the functions and activities of the corporation. 2 the audit committee shall. a recommend to the board for the appointment, remuneration and terms of appointment of the internal auditor. b in consultation with the internal auditor, formulate the scope, functioning, periodicity and methodology for conducting the internal audit. c review and monitor the internal auditors performance and effectiveness of audit process. 1. subs. by act 13 of , s. 137, for section 25 w.e.f. .

section 26. of the life insurance corporation act : 1the board shall, 2every year, cause an investigation to be made by actuaries into the financial conditions of the 3life insurance business of the corporation, including a valuation of the liabilities of the corporation in respect thereto, and submit the report of the actuaries to the 4board. 1 .subs. by act 13 of , s. 138, for the corporation w.e.f. . 2. subs. by act 8 of , s. 4, for once at least in every two years w.e.f. . 3. subs. by act 33 of , s. 2, for certain words w.e.f. . 4. subs. by 13 of , s. 138, for central government w.e.f. .

section 25d.special auditor of the life insurance corporation act : 125d. special auditor.notwithstanding anything contained in sections 19c, 23a, 25, 25a and 25b, the central government may, at any time, appoint such auditor as it deems fit as a special auditor to examine and report on the accounts of the corporation, and such auditor shall have the same rights of access to the books of account and vouchers of the corporation and entitlement to require information and explanation from the officers of the corporation as an auditor of the corporation has under section 25b. 1. subs. by act 13 of , s. 137, for section 25 w.e.f. .

section 28c. of the life insurance corporation act : 128c. unpaid dividend account.1 where a dividend has been declared by the corporation but has not been paid or claimed within thirty days from the date of declaration to any member entitled to payment thereof, the corporation shall, within seven days from the expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed to a special account to be opened by the corporation in that behalf in any scheduled bank, to be called the unpaid dividend account. 2 the corporation shall, within a period of ninety days of making any transfer of an amount under subsection 1 to the unpaid dividend account, prepare a statement containing the name and last known address of, and the amount of the unpaid dividend payable to, each member entitled to such unpaid dividend, and shall place such statement on its website and on any other website as the central government may specify. 3 if any default is made in transferring the total amount referred to in subsection 1 or any part thereof to the unpaid dividend account, the corporation shall pay, from the date of such default, interest on so much of the amount as has not been transferred to the said account, at such rate as is specified in section 124 of the companies act, and the interest accruing on such amount shall ensure to the benefit of the members in proportion to the amount remaining unpaid to them. 4 any person claiming to be entitled to any money transferred under subsection 1 to the unpaid dividend account may apply to the corporation for payment of the money claimed. 5 the amount remaining unclaimed and unpaid for a period of seven years from the date it became due for payment in the unpaid dividend account shall be transferred to the investor education and protection fund established under subsection 1 of section 125 of the companies act and shall be deemed to be an amount credited to the said fund under subsection 2 of the said section. 6 all shares in respect of which dividend has not been paid or claimed for seven consecutive years or more shall be transferred by the corporation in the name of the investor education and protection fund along with a statement containing such details as may be prescribed: provided that every claimant of such shares shall be entitled to claim the transfer thereof from the said fund in accordance with such procedure and on submission of such documents as may be prescribed. explanation.for the removal of doubts, it is hereby clarified that in case any dividend is paid or claimed for any year during the said period of seven consecutive years, the share shall not be transferred to the investor education and protection fund. 1. ins. by s. 142, ibid. w.e.f. .

section 27. of the life insurance corporation act : the corporation shall, as soon as may be, after the end of each financial year, prepare and submit to the central government in such form as may be prescribed a report giving an account of its activities during the previous financial year, 1. 1. the words and the report shall also give an account of the activities, if any, which are likely to be undertaken by the corporation in the next financial year omitted by s. 139, ibid. w.e.f. .

section 28. of the life insurance corporation act : 128. surplus from life insurance business, how to be utilized..1 if as a result of any investigation undertaken by the board under section 26, any surplus emerges, a for every financial year previous to the financial year for which the funds referred to in subsection 2 of section 24 are to be maintained, and for any subsequent financial year for which members may exempt the maintenance of such funds, i ninety per cent., or such higher percentage as the board may approve, of such surplus shall be allocated to or reserved for the life insurance policyholders of the corporation and ii such percentage of the remaining surplus as the board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify b for every financial year other than that referred to in clause a, i in respect of participating policyholders, i ninety per cent., or such higher percentage as the board may approve, of surplus relating to such policyholders, shall be transferred to the participating policyholders fund, and shall be allocated to or reserved for the life insurance participating policyholders of the corporation and ii such percentage of the remaining surplus as the board may approve, shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify ii in respect of nonparticipating policyholders, one hundred per cent. of surplus relating to such policyholders shall be allocated to or reserved for members and may either be credited to a separate account maintained by the corporation or be transferred to such reserve or reserves as the board may specify. 2 the remaining surplus referred to in subclause ii of clause a of subsection 1 or in item ii of subclause i of clause b of subsection 1, as the case may be, and the surplus referred to in subclause ii of clause b of subsection 1, and the profits allocated to or reserved for the members under section 28a, shall be utilised for such purposes as the board may approve, including for the purpose of declaration or payment of dividend, the issue of fully paidup bonus shares to members and crediting any of the reserves that the board may create for any purpose. 3 the corporation shall, with the approval of the board, publish on its website its surplus distribution policy at least once in five years, or such shorter period not less than three years as the board may deem fit, and such policy shall specify, among other things, the percentages referred to in subsection 1. 1. subs. by s. 140, ibid., for section 28 w.e.f. .

section 28a. of the life insurance corporation act : 128a. profits from any business other than life insurance business how to be utilised.if for any financial year profits accrue from any business other than life insurance business carried on by the corporation, then, after making provision for reserves and other matters for which provision is necessary or expedient, the balance of such profits shall be 2allocated to or reserved for the members. 1. ins. by act 33 of , s. 4 w.e.f. . 2. subs. by act 13 of , s. 141, for paid to the central government w.e.f. .

section 28b. of the life insurance corporation act : 128b. declaration of dividend.1 no dividend shall be declared or paid by the corporation for any financial year except out of the surpluses and profits referred to in subsection 2 of section 28 after excluding any amount representing unrealised gains, notional gains or revaluation of assets and any change in carrying amount of an asset or of a liability on measurement of the asset or the liability at fair value for such year arrived at after providing for depreciation, or for any previous financial year or years arrived at after providing for depreciation and remaining undistributed, or out of both the aforesaid surpluses and profits: provided that no dividend shall be declared or paid by the corporation from its reserves other than free reserves: provided further that no dividend shall be declared or paid by the corporation unless any losses carried over from previous years and any depreciation not provided for in previous years are set off against the surpluses and profits referred to in subsection 2 of section 28 for the financial year for which the dividend is proposed to be declared or paid. 2 the board may, during any financial year or at any time during the period from the close of a financial year till the holding of the annual general meeting for that financial year, declare interim dividend out of the surpluses and profits referred to in subsection 2 of section 28 of the financial year for which such interim dividend is sought to be declared, or out of the surpluses and profits referred to in subsection 2 generated in the current financial year till the close of the quarter preceding the date of declaration of such interim dividend: provided that in case the corporation has incurred loss during the current financial year up to the close of the quarter immediately preceding the date of declaration of interim dividend, such interim dividend shall not be declared at a rate higher than the average of the dividends declared by the corporation during the immediately preceding three financial years. 3 the amount of the dividend, including interim dividend, shall be deposited in a scheduled bank in a separate account within five days from the date of declaration of such dividend. 4 no dividend shall be paid by the corporation in respect of any share of the corporation except to the member in whose name such share is entered on the register of members referred to in section 5c, or to his order, or to his banker, and shall be payable in cash and not in stock or other form of value: provided that nothing in this subsection shall be deemed to prohibit the capitalisation of the surpluses and profits referred to in subsection 2 of section 28 for the purpose of issuing fully paidup bonus shares or paying up any amount for the time being unpaid on any share held by members: provided further that any dividend payable in cash may be paid by cheque or warrant or in any electronic mode to the member entitled to such payment. 1. ins. by s. 142, ibid. w.e.f. .

section 29. of the life insurance corporation act : the central government shall cause the report of the auditors under section 25, the report of the actuaries under section 26 and the report giving an account of the activities of the corporation under section 27 to be laid before both houses of parliament as soon as may be after each such report is received by the central government.

section 30a. of the life insurance corporation act : 130a. exclusive privilege of corporation to cease.notwithstanding anything contained in this act, the exclusive privilege of carrying on life insurance business in india by the corporation shall cease on and from the commencement of the insurance regulatory and development authority act, , and the corporation shall, thereafter, carry on life insurance business in india in accordance with the provisions of the insurance act, 4 of . 1. ins. by act 41 of , s. 31 and the second schedule w.e.f. .

section 33. of the life insurance corporation act : where any property or rights appertaining to the controlled business of an insurer are transferred to and vested in the corporation under this act or would be so transferred and vested but for the fact that such transfer and vesting are governed otherwise than by the law of india, the insurer shall comply with such directions as may be given to him by the corporation for the purpose of securing that the ownership of the property or, as the case may be, that the right is effectively transferred to the corporation.

section 30. of the life insurance corporation act : except to the extent otherwise expressly provided in this act, on and from the appointed day the corporation shall have the exclusive privilege of carrying on life insurance business in india and on and from the said day any certificate to registration under the insurance act held by any insurer immediately before the said day shall cease to have effect in so far as it authorises him to carry on life insurance business in india.

section 31. of the life insurance corporation act : 1 notwithstanding anything contained in section 30 or in the insurance act, the central government may, by order, permit any person who has made an application in that behalf, to carry on life insurance business in india, in respect of the lives of persons ordinarily resident outside india, subject to such restrictions and conditions as may be specified in the order and any such order shall be deemed to have effect as if it were a certificate of registrations issued by the 1authority to such person under section 3 of the insurance act in respect of that class of business. 2 nothing in subsection 1 shall authorise any person permitted to carry on life insurance business of the nature referred to in that subsection, to insure the life of any person ordinarily resident outside india, during any period of his temporary residence in india. 1. subs. by act 41 of , s. 31 and the second schedule, for controller w.e.f. .

section 32. of the life insurance corporation act : the corporation may have for use in any zonal office, divisional office or in any office outside india an official seal which shall be a facsimile of the common seal of the corporation, with the addition on its fact of the name of the zonal office, divisional office or other office where it is to be used, and any such official seal may be affixed to any deed or document to which the corporation is a party.

section 40. of the life insurance corporation act : if any person wilfully withholds or fails to deliver to the corporation as required by section 13, any property or any books, documents or other papers which may be in his possession or unlawfully retains possession of any property of an insurer which has been transferred to and vested in the corporation under this act or wilfully applies any such property to purposes other than those expressed in or authorised by this act, he shall, on the complaint of the corporation, be punishable with imprisonment which may extent to one year, or with fine which may extend to one thousand rupees, or with both.

section 34. of the life insurance corporation act : notwithstanding anything contained in the insurance act, all shares which have vested in the administrator general of any state under subsection 8 of the section 6a of that act and which have not been disposed of in accordance with the provisions of that subsection before the appointed day, shall, on payment of the amount of expenditure, if any, incurred by the administrator general in relation to such shares by the persons who would have been entitled to those shares if the said subsection had not been enacted, revest in such persons.

section 35. of the life insurance corporation act : 1 any insurer incorporated outside india may, before the appointed day, make an application to the central government stating that among the assets appertaining to the controlled business of the insurer there are assets brought into india by the insurer for the purpose of building up his life insurance business in india, which, notwithstanding anything contained in section 7, should not be transferred to and vested in the corporation. 2 on receipt of an application under subsection 1, the central government shall determine the value of the assets of the insurer appertaining to his controlled business in existence on 31st day of december, , computed as at that date in accordance with the provisions contained in paragraph 3 of part b of the first schedule, and deduct therefrom the total amount of the liabilities of the insurer appertaining to his controlled business in existence on the 31st day of december , computed as at that date in accordance with the provisions contained in the second schedule and if there is any excess, the central government may, by order, direct that such assets equivalent in value to the excess as may be specified in the order shall not be transferred to or vested in the corporation, or where the order is made after the appointed day, that the corporation shall be divested of the said assets. 3 in the case of any insurer incorporated outside india, the central government may also, by order, direct that any such liabilities in respect of life insurance policies expressed in any foreign currency issued on the lives of persons who are not citizens of india as are specified in the order together with any such assets necessary to meet the liabilities, as may be so specified, shall not be transferred to or vested in the corporation or, if the order is made after the appointed day, that the corporation shall be divested of such liabilities and assets as aforesaid. 4 the amount of liabilities in respect of the policies referred to in an order made under subsection 3 shall be computed as at the 31st day of december, , a in any case where in respect of the insurer concerned an order has been made under subsection 2, in accordance with the provisions contained in clause b of the second schedule and b in any other case, in accordance with method a specified in the second schedule. explanation.in computing the amount of liabilities in respect of the policies referred to in this subsection, allowance shall be made for receipts and payments in respect of such policies from the 31st day of december, , up to the date of the order. 5 every order made by the central government under this section shall be carried out by the corporation in such manner as the central government may direct.

section 41. of the life insurance corporation act : no civil court shall have jurisdiction to entertain or adjudicate upon any matter which a tribunal is empowered to decide or determine under this act.

section 37. of the life insurance corporation act : the sums assured by all policies issued by the corporation including any bonuses declared in respect thereof and, subject to the provisions contained in section 14 the amounts assured by all policies issued by any insurer the liabilities under which have vested in the corporation under this act, and all bonuses declared in respect thereof, whether before or after the appointed day, shall be guaranteed as to payment in cash by the central government. 1provided that the corporation shall endeavour that its funds are invested in the attractive schemes formulated by it to ensure increased bonus to policyholders while having least investment risk so as to enable the corporation to play a greater role in economic enrichment of the masses while maintaining its position as a leading player in the market. 1. the proviso ins. by act 8 of , s. 6 w.e.f. .

section 36. of the life insurance corporation act : notwithstanding anything contained in the insurance act or in any other law for the time being in force every contract appertaining to controlled business subsisting immediately before the appointed day, a between an insurer and his chief agent or between an insurer and a special agent or b between the chief agent of an insurer and a special agent shall, as from the appointed day, cease to have effect and all rights accruing to the chief agent or the special agent under any such contract shall terminate on that day: provided that in every such case compensation shall be given by the corporation to the chief agent or the special agent, as the case may be, in accordance with the principles contained in the third schedule, and the provisions of subsection 2 of section 16 shall, so far as may be, apply in every such case.

section 39. of the life insurance corporation act : where any insurer being a company other than a composite insurer whose controlled business has been transferred to and vested in the corporation under this act has in accordance with the provisions of this act collected and distributed any moneys paid to him by the corporation by way of compensation or otherwise and has also complied with any direction given to him by the corporation for the purpose of securing that the ownership of any property or any right is effectively transferred to the corporation, the central government may on application being made to it in this behalf by such insurer grant a certificate to the insurer that there is no reason for the continued existence of the insurer and where such a certificate has been granted shall cause the certificate to be published in the official gazette and upon the publication thereof the insurer shall be dissolved.

section 38. of the life insurance corporation act : no provision of law relating to the winding up of companies or corporations shall apply to the corporation established under this act, and the corporation shall not be placed in liquidation save by order of the central government and in such manner as that government may direct.

section 43. of the life insurance corporation act : 1 the following sections of the insurance act shall, so far as may be, apply to the corporation as they apply to any other insurer, namely: sections 2, 2b, 3, 18, 26, 33, 38, 39, 41, 45, 46, 47a, 50, 51, 52, 110a, 110b, 110c, 119, 121, 122 and 123. 2 the central government shall as soon as may be after the commencement of this act, by notification in the official gazette, direct that the following sections of the insurance act shall apply to the corporation subject to such conditions and modifications as may be specified in the notification, namely: sections 2d, 10, 11, 13, 14, 15, 20, 21, 22, 23, 25, 27a, 28a, 35, 36, 37, 40, 40a, 40b, 43, 44, 102 to 106, 107 to 110, 111, 113, 114 and 116a. 12a section 42 of the insurance act shall have effect in relation to the issue to any individual of a licence to act as an agent for the purpose of soliciting or procuring life insurance business for the corporation as if the reference to an officer authorised by the 2authority in this behalf in subsection 1 thereof included a reference to an officer of the corporation authorised by the 2authority in this behalf. 3 the central government may, be notification in the official gazette, direct that all or any of the provision of the insurance act other than those specified in subsection 1 or subsection 2, shall apply to the corporation subject to such conditions and modifications as may be specified in the notification. 4 every notification issued under subsection 2 or subsection 3 shall be laid for not less than thirty days before both houses of parliament as soon as possible after it is issued, and shall be subject to such modifications as parliament may make during the session in which it is so laid or the session immediately following. 5 save as provided in this section, nothing contained in the insurance act shall apply to the corporation. 1. ins. by act 17 of , s. 3 w.e.f. . 2 subs. by act 41 of , s. 1, for controller w.e.f. .

section 42. of the life insurance corporation act : any decision of a tribunal may be enforced in any civil court within the local limits of whose jurisdiction the person against whom the decision is to be enforced actually and voluntarily resides or carries on business or personally works for gain or owns any property, as if it were a decree passed by that court.

section 48. of the life insurance corporation act : show related subordinates 1 the central government may, by notification in the official gazette make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and the conditions of service of 1directors 2aa the manner of disclosure of interest by a director under section 4b ab the conditions subject to which the board may consent to related party transactions under section 4c ac the securities and instruments which may be issued under section 5 ad the manner of reservation in favour of life insurance policyholders and allotment against such reservation, in relation to a public issue, under clause a of subsection 9 of section 5 b the manner in which the moneys and other assets belonging to any such fund as is referred to in section 8 shall be apportioned between the trustees of the fund and the corporation c the services which the chief agent should have rendered for the purpose of the proviso to section 12 3cc the terms and conditions of service of the employees 4 of the corporation, including those who became employees 4 of the corporation on the appointed day under this act d the jurisdiction of the tribunals constituted under section 17 e the manner in which, and the persons to whom, any compensation under this act may be paid f the time within which any matter which may be referred to a tribunal for decision under this act may be so referred g the manner in which and the conditions subject to which investments may be made by the corporation h the manner in which an employees and agents relations committee may be constituted for each zonal office 5ha the manner in which general meetings shall be held, and the business to be transacted and procedure to be followed thereat hb the quorum for a general meeting, and the manner of holding the meeting if it could not be held for want of quorum and was adjourned under section 23a hc the manner in which persons may attend a general meeting and exercise their vote hd the manner in which notices may be served on behalf of the corporation upon members or other persons he the form and manner in which the financial statements referred to in subsection 8 of section 24b may be issued, circulated or published hf matters that may be prescribed under clause n of subsection 1 of section 24c hg the manner and procedure of selection and conditions of appointment of auditors under subsection 1 of section 25 hh the form in which an auditor who has resigned shall indicate the reasons and other facts relevant to the resignation under subsection 2 of section 25a hi the matters to be prescribed under clause j of subsection 3 of section 25b hj the duties and powers of the corporations auditor with reference to the audit of a branch or office of the corporation and the auditor thereof, under subsection 6 of section 25b hk the details, procedure and documents under subsection 6 of section 28c. i the form in which the report giving an account of the activities of the corporation shall be prepared j the conditions subject to which the corporation may appoint employees k the fees payable under this act and the manner in which they are to be collected l any other matter which has to be or may be prescribed 32a the regulations and other provisions as in force immediately before the commencement of the life insurance corporation amendment act, , with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the corporation on the appointed day under this act, shall be deemed to be rules made under clause cc of subsection 2 and shall, subject to the other provisions of this section, have effect accordingly. 2b the power to make rules conferred by clause cc of subsection 2 shall include i the power to give retrospective effect to such rules and ii the power to amend by way of addition, variation or repeal, the regulations and other provision refereed to in subsection 2a, with retrospective effect, from a date not earlier than the twentieth day of june, . 2c the provisions of clause cc of subsection 2 and subsection 2b and any rules made under the said clause cc shall have effect, and any such rule made with retrospective effect from any date shall also be deemed to have had effect from that date, notwithstanding any judgement, decree or order of any court, tribunal or other authority and notwithstanding anything contained in the industrial disputes act, 14 of , or any other law or any agreement, settlement, award or other instrument for the time being in force. 63 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything preciously done under that rule. 1. subs. by s. 144,ibid., for members w.e.f. . 2. subs. by s.144, ibid., for clause aa w.e.f. . 3. ins. by act 1 of , s. 2 w.e.f. . 4. the words and agents omitted by act 8 of , s. 8 w.e.f. . 5. ins. by act 13 of , s. 144 w.e.f. . 6. subs. by act 52 of , s. 43, for subsection 3 w.e.f. .

section 43a. omitted. of the life insurance corporation act : deduction of incometax not to be made on interest or dividend. omitted by the finance act, 20 of , s. 157 w.e.f. .

section 44. act not to apply in certain cases of the life insurance corporation act : nothing contained in this act shall apply in relation to a any insurer whose business is being voluntarily wound up or is being wound up under the orders of the court b any insurer to whom the insurance act does not apply by reason of the provisions contained in section 2e thereof 1provided that nothing contained in this clause shall apply on and from the date on which the provisions contained in section 2e of the insurance act, 4 of shall cease to operate. c any composite insurer in respect of the management of whose affairs an administrator has been appointed under section 52a of the insurance act d the scheme run by the central government known as the post office life insurance fund e any approved superannuation fund as defined in clause a of section 58n of the indian incometax act, 11 of , which is in existence on the appointed day f any scheme in existence on the appointed day or any scheme framed after the appointed day with the approval of the central government whereby, in consideration of certain compulsory deductions made by government from the salaries of its employees as part of the conditions of service, the payment of money is assured by government on the death of the employee concerned or on the happening of any contingency dependent on his life. 2g any family pension scheme framed under the coal mines provident fund, family pension and bonus schemes act, 46 of , or the employees provident funds and family pension fund act, 19 of , for the purpose of providing family pension and life assurance benefits to the employees covered by the said scheme. 1. the proviso ins. by act 8 of , s. 7 w.e.f. . 2. ins. by act 16 of , s. 31 and the third schedule w.e.f. .

section 45. of the life insurance corporation act : 145. special provisions regarding transfer of controlled business of certain composite insurer.notwithstanding anything contained in clause c of section 44, the central government may, by notification in the official gazette, direct that on and with effect from such date as may be specified in the notification the assets and liabilities appertaining to the controlled business of a composite insurer in respect of the management of whose affairs an administrator has been appointed under section 52a of the insurance act shall be transferred to the vested in the corporation, and on the issue of such a notification the provisions of this act shall, so far as may be, apply in relation to such insurer and to the transfer and vesting of the assets and liabilities of his controlled business in the corporation as they apply in relation to all other insurers and to the transfer and vesting of assets and liabilities of their controlled business in the corporation, subject to the modification that references in this act to the appointed day shall be construed as references to the day specified in the notification. 1. ins. by act 17 of , s. 4 w.e.f. .

section 47. of the life insurance corporation act : 147. protection of action taken under this act.1 no suit, prosecution or other legal proceeding shall lie against any director or employee of the corporation for anything which is in good faith done or intended to be done in pursuance of this act or of any rules or regulations made thereunder. 2 a director who is not a wholetime director shall be held liable only in respect of such acts of omission or commission of the corporation which had occurred with his knowledge, attributable through board processes, and with his consent or connivance or where he had not acted diligently. explanation.for the purposes of this subsection, the reference to board shall include committees of the board.. 1 subs. by act 13 of , s. 143, sections 46 and 47 w.e.f. .

section 46. of the life insurance corporation act : 146. defects in constitution of corporation or committees or in appointment or nomination of directors not to invalidate acts or proceedings.1 no act or proceeding of the corporation or of its board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy or defect in the constitution of the corporation or the board or such committee, as the case may be. 2 no act done by an individual as a director shall be deemed to be invalid, notwithstanding that it was subsequently noticed that his appointment or nomination, as the case may be, was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in this act: provided that nothing in this subsection shall be deemed to give validity to any act done by such individual as director after his appointment or nomination, as the case may be, has been noticed by the corporation to be invalid or to have terminated. 1. subs. by act 13 of , s. 143, sections 46 and 47 w.e.f. .

section 51. of the life insurance corporation act : 151. power to remove difficulties.1 if any difficulty arises in giving effect to the provisions of this act as amended by part iii of chapter vi of the finance act, , the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date of commencement of part iii of chapter vi of the finance act, . 2 every order made under this section shall, as soon as may be after it is made, be laid on the table of each house of parliament. 1. ins. by act 13 of , s. 146 w.e.f. .

section 49.power to make regulations of the life insurance corporation act : show related subordinates 1 the 1board may, with the previous approval of the central government, by notification in the gazette of india, make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the powers and functions of the 1board which may be delegated to the zonal managers 2b the method of recruitment of employees and agents of the corporation and the terms and conditions of the agents 3 4 d the territorial limits of each zone established under this act and the business to be transacted in each zone e the manner in which the 5fund or funds of the corporation shall be maintained f the maintenance of separate funds and accounts at each of the zonal offices g the jurisdiction of each divisional office and the establishment of councils representative of policyholders in each area served by a divisional office for the purpose of advising the divisional office in respect of any matter which may be referred to it 6h the manner in which meetings of the board and its committees shall be held, the business to be transacted and procedure to be followed thereat, and the quorum therefor 7 8 k the classification of policies, whether issued by the corporation or by any insurer whose controlled business has been transferred to and vested in the corporation, for the purposes of declaring differential bonuses, wherever necessary l the manner in which and the intervals within which the accounts of the various zonal offices, divisional offices and branch offices may be inspected and their accounts audited, m the conditions subject to which any payment may be made by the corporation. 9n the manner of election of directors under clause f of subsection 2 of section 4 o the form and manner of registers to be kept and maintained under subsection 1 of section 5b p the manner of nomination by an individual registered member or joint holder of shares, the manner of variation or cancellation of such nomination, and the manner of nomination in favour of a minor, under section 5e q the manner in which and the conditions subject to which shares, including partly paidup shares, may be issued, held, transferred and registered r the maintenance and operation of the funds and reserves under section 24 s the form and manner in which the books and records referred to in section 24a may be kept 92a any reference in the regulations as in force immediately before the coming into force of section 132 of the finance act, to investment committee shall be construed as a reference to the investment committee of the board referred to in section 19a. 103 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by act 13 of , s. 145, for dbqstcorporationdbqst w.e.f. . 2. subs. by act 8 of , s. 9, for clause b w.e.f. . 3. clause bb omitted by act 1 of , s. 3 w.e.f. . 4. clause c omitted by act 13 of , s. 145 w.e.f. . 5. subs. by s. 145, ibid., for fund w.e.f. . 6. subs. by act 13 of , s. 145, for clause h w.e.f. . 7. clause i omitted by s. 145, ibid. w.e.f. . 8.omitted by act 8 of , s. 9 w.e.f. . 9. ins. by act 13 of , s. 145 w.e.f. . 10. ins. by act 1 of , s. 3 w.e.f. .

section 50. for companies to apply with modifications. of the life insurance corporation act : show related subordinates 150. form, manner, etc., for companies to apply with modifications.where this act provides that the form or manner or period or details in respect of any declaration to be made or the particulars to be included in any register to be maintained shall be such as may be prescribed for a company under the companies act, such prescribed form or manner or period or details or particulars, as the case may be, shall apply subject to such modifications, exceptions and conditions that the central government may, by notification, specify. 1ins. by act 13 of , s. 146 w.e.f. .

section 8. of the bihar reorganisation act : 1 on and from the appointed day, the twentytwo sitting members of the council of states representing the existing state of bihar shall be deemed to have been elected to fill the seats allotted to the states of bihar and jharkhand, as specified in the first schedule to this act. 2 the term of office of such sitting members shall remain unaltered.

section 1. of the bihar reorganisation act : this act may be called the bihar reorganisation act, .

section 3. of the bihar reorganisation act : on and from the appointed day, there shall be formed a new state to be known as the state of jharkhand comprising the following territories of the existing state of bihar, namely: bokaro, chatra, deogarh, dhanbad, dumka, garhwa, giridih, godda, gumla, hazaribagh, kodarma, lohardaga, pakur, palamau, ranchi, sahebganj, singhbhum east and singhbhum west districts, and thereupon the said territories shall cease to form part of the existing state of bihar.

section 7. of the bihar reorganisation act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a entries 4 to 29 shall be renumbered as entries 5 to 30 respectively b in entry 3, for the figures 22 the figures 16 shall be substituted c after entry 3, the following entry shall be inserted, namely: 4. jharkhand...................................... 6.

section 2. of the bihar reorganisation act : show related subordinates in this act, unless the context otherwise requires, a appointed day1 means the day which the central government may, by notification in the official gazette, appoint b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d election commission means the election commission appointed by the president under article 324 e existing state of bihar means the state of bihar as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing state of bihar g notified order means an order published in the official gazette h population ratio, in relation to the states of bihar and jharkhand, means the ratio of 645.30:218.44 i sitting member, in relation to either house of parliament or of the legislature of the existing state of bihar, means a person who immediately before the appointed day, is a member of that house j successor state, in relation to the existing state of bihar, means the state of bihar or jharkhand k transferred territory means the territory which on the appointed day is transferred from the existing state of bihar to the state of jharkhand l treasury includes a subtreasury and m any reference to a district, tahsil or other territorial division of the existing state of bihar shall be construed as a reference to the area comprised within that territorial division on the appointed day. 1. 15th november, , vide notification no. s.o. 829e, dated 14th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 9. of the bihar reorganisation act : on and from the appointed day, there shall be allocated 40 seats to the successor state of bihar, and 14 to the successor state of jharkhand, in the house of the people and in the first schedule to the representation of the people act, 43 of , under heading i. states:, a for entry 4, the following entry shall be substituted, namely: 4. bihar 53 7 5 40 7 . b entries 10 to 25 shall be renumbered as entries 11 to 26 respectively c after entry 9, the following entry shall be inserted, namely: 10. jharkhand .. .. .. 14 1 5.

section 5. of the bihar reorganisation act : on and from the appointed day, in the first schedule to the constitution, under the heading i. the states, a in the paragraph relating to the territories of the state of bihar, the following shall be added at the end, namely: and the territories specified in section 3 of the bihar reorganisation act, b after entry 27, the following entry shall be inserted, namely: 28. jharkhand: the territories specified in section 3 of the bihar reorganisation act, ..

section 10. of the bihar reorganisation act : on and from the appointed day, the delimitation of parliamentary and assembly constituencies order, , shall stand amended as directed in the second schedule to this act.

section 6. of the bihar reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the government of bihar or jharkhand to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the state.

section 4. of the bihar reorganisation act : on and from the appointed day, the state of bihar shall comprise the territories of the existing state of bihar other than those specified in section 3.

section 11. of the bihar reorganisation act : 1 every sitting member of the house of the people representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor state of bihar or jharkhand, shall be deemed to have been elected to the house of the people by that constituency as so allotted. 2 the term of office of such sitting members shall remain unaltered.

section 12. of the bihar reorganisation act : 1 the number of seats as on the appointed day in the legislative assemblies of the states of bihar and jharkhand shall be two hundred and fortythree and eightyone respectively. 2 in the second schedule to the representation of the people act, 43 of , under heading i. states, a for entry 4, the following entry shall be substituted, namely: 4. bihar 39 ... b entries 11 to 27 shall be renumbered as entries 12 to 28 respectively c after entry 10, the following entry shall be inserted, namely: 11. jharkhand .. .. .. .

section 14. of the bihar reorganisation act : the period of five years referred to in clause 1 of article 172 shall, in the case of legislative assembly of the state of bihar or jharkhand be deemed to have commenced on the date on which it actually commenced in the case of legislative assembly of the existing state of bihar.

section 19. of the bihar reorganisation act : notwithstanding anything contained in section 17, all sitting members of the legislative council of the existing state of bihar, shall continue to be members of that council till they retire on the expiration of their present term of office.

section 13. of the bihar reorganisation act : 1 every sitting member of the legislative assembly of the existing state of bihar elected to fill a seat in that assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the state of jharkhand shall, on and from that day, cease to be a member of the legislative assembly of bihar and shall be deemed to have been elected to fill a seat in the legislative assembly of jharkhand from that constituency as so allotted. 2 all other sitting members of the legislative assembly of the existing state of bihar shall continue to be members of the legislative assembly of that state and any such sitting member representing a constituency the extent, or the name and extent of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the legislative assembly of bihar by that constituency as so altered. 3 notwithstanding anything contained in any other law for the time being in force, the legislative assemblies of bihar and jharkhand shall be deemed to be duly constituted on the appointed day. 4 the sitting member of the legislative assembly of the existing state of bihar nominated to that assembly under article 333 to represent the angloindian community shall be deemed to have been nominated to represent the said community in the legislative assembly of jharkhand under that article.

section 20. of the bihar reorganisation act : the person who immediately before the appointed day is the chairman or deputy chairman of the legislative council of the existing state of bihar shall continue to be the chairman or deputy chairman, as the case may be, on and from that day of that council.

section 15. of the bihar reorganisation act : 1 the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of the existing state of bihar shall continue to be the speaker and deputy speaker respectively of that assembly on and from that day. 2 as soon as may be after the appointed day, the legislative assembly of jharkhand shall choose two members of that assembly to be respectively speaker and deputy speaker thereof and until they are so chosen, the duties of the office of speaker shall be performed by such member of the assembly as the governor may appoint for the purpose.

section 17. of the bihar reorganisation act : on and from the day on which all the members specified in the third schedule retire, there shall be seventyfive seats in the legislative council of bihar, and in the third schedule to the representation of the people act, 43 of , for the existing entry 2, the following entry shall be substituted, namely: 2. bihar .

section 18. of the bihar reorganisation act : on and from the appointed day, the delimitation of council constituencies bihar order, shall stand amended as directed in the fourth schedule.

section 16. of the bihar reorganisation act : the rules of procedure and conduct of business of the legislative assembly of bihar as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of jharkhand, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 21. of the bihar reorganisation act : 1 for the purpose of giving effect to the provisions of section 12, the election commission shall determine in the manner hereinafter provided a the number of seats to be reserved for the scheduled castes and the scheduled tribes in the legislative assemblies of the states of bihar and jharkhand respectively, having regard to the relevant provisions of the constitution b the assembly constituencies into which each state referred to in clause a shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the scheduled castes or for the scheduled tribes and c the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each successor states that may be necessary or expedient. 2 in determining the matters referred to in clauses b and c of subsection 1, the election commission shall have regard to the following provisions, namely: a all the constituencies shall be singlemember constituencies b all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public and c constituencies in which seats are reserved for the scheduled castes and the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 3 the election commission shall, for the purpose of assisting it in the performance of its functions under subsection 1, associate with itself as associate members, five persons as the central government may by order specify, being persons who are members of the legislative assembly of the state or of the house of the people representing the state: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 4 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of subsection 3. 5 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette, and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 6 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the concerned state. 7 the delimitation of constituencies in the states of bihar and jharkhand shall be determined on the basis of the published figures of the census taken in the year .

section 25. of the bihar reorganisation act : 1 on and from the appointed day, there shall be a separate high court for the state of jharkhand hereinafter referred to as the high court of jharkhand and the high court at patna shall become the high court for the state of bihar hereinafter referred to as the high court at patna. 2 the principal seat of the high court of jharkhand shall be at such place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of jharkhand may sit at such other place or places in the state of jharkhand other than its principal seat as the chief justice may, with the approval of the governor of jharkhand, appoint.

section 29. of the bihar reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court at patna shall, with the necessary modifications, apply in relation to the high court of jharkhand, and accordingly, the high court of jharkhand shall have all such powers to make rules and orders with respect to practice and procedure as immediately before the appointed day exercisable by the high court at patna: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court at patna shall, until varied or revoked by rules or orders made by the high court of jharkhand, apply with the necessary modifications in relation to practice and procedure in the high court of jharkhand as if made by that court.

section 22. of the bihar reorganisation act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistakes in any order made under section 21 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned legislative assembly.

section 23. of the bihar reorganisation act : on and from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the fifth schedule.

section 24. of the bihar reorganisation act : on and from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the sixth schedule.

section 30. of the bihar reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court at patna shall with the necessary modifications, apply with respect to the custody of the seal of the high court of jharkhand.

section 27. of the bihar reorganisation act : the high court of jharkhand shall have, in respect of any part of the territories included in the state of jharkhand, all such jurisdiction, powers and authorities as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court at patna.

section 26. of the bihar reorganisation act : 1 such of the judges of the high court at patna holding office immediately before the appointed day as may be determined by the president shall on that day cease to be judges of the high court at patna and become judges of the high court of jharkhand. 2 the persons who by virtue of subsection 1 become judges of the high court of jharkhand shall, except in the case where any such person is appointed to be the chief justice of that high court, rank in that court according to the priority of their respective appointment as judges of the high court of patna.

section 28. of the bihar reorganisation act : 1 on and from the appointed day, in the advocates act, 25 of , in section 3, in subsection 1, in clause a, after the words jammu and kashmir, the word jharkhand shall be inserted. 2 any person who immediately before the appointed day is an advocate on the roll of the bar council of the existing state of bihar may give his option in writing, within one year from the appointed day to the bar council of such existing state, to transfer his name on the roll of the bar council of jharkhand and notwithstanding anything contained in the advocates act, 25 of and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the bar council of jharkhand with effect from the date of the option so given for the purposes of the said act and the rules made thereunder. 3 the person other than the advocates who are entitled immediately before the appointed day, to practise in the high court at patna or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the high court of jharkhand or any subordinate court thereof, as the case may be. 4 the right of audience in the high court of jharkhand shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court at patna.

section 31. of the bihar reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and special processes used, issued or awarded by the high court at patna shall, with the necessary modificaitons, apply with respect to the form of writs and other processes used, issued or awarded by the high court of jharkhand.

section 38. of the bihar reorganisation act : the governor of bihar may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of jharkhand as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislative assembly of the state of jharkhand: provided that the governor of jharkhand may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of jharkhand for any period not extending beyond the said period of six months.

section 32. of the bihar reorganisation act : the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court at patna with respect to all matters ancillary to the exercise of those powers shall, with the necessary modification, apply in relation to the high court of jharkhand.

section 33. of the bihar reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court at patna and the judges and division courts thereof shall, with the necessary modification, apply in relation to the high court of jharkhand.

section 34. of the bihar reorganisation act : 1 except as hereinafter provided, the high court at patna shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. 2 such proceedings pending in the high court at patna immediately before the appointed day as are certified, whether before or after that day, by the chief justice of the high court, having regard to the places of accrual of the cause of action and both other circumstances, to be proceedings which are ought to be heard and decided by the high court of jharkhand shall as soon as may be after such certification, be transferred to the high court of jharkhand. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 27, but save as hereinafter provided, the high court at patna shall have, and the high court of jharkhand shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court at patna before the appointed day: provided that if after such proceedings have been entertained by the high court at patna, it appears to the chief justice of the high court that they ought to be transferred to the high court of jharkhand, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at patna a before the appointed day, in any proceeding to the high court of jharkhand by virtue of subsection 2, or b in any proceedings with respect to which the high court at patna retains jurisdiction by virtue of subsection 3 shall for all purposes have effect, not only as an order or the high court at patna, but also as an order made by the high court of jharkhand.

section 35. of the bihar reorganisation act : any person, who immediately before the appointed day, is an advocate entitled to practice or an attorney entitled to act, in the high court at patna and so authorised to appear or to act in any proceedings transferred from that high court to the high court of jharkhand under section 34 shall have the right to appear or to act, as the case may be, in the high court of jharkhand in relation to those proceedings.

section 36. of the bihar reorganisation act : for the purposes of section 34 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, application for review, petitions for revision and petition for writs b references to a high court shall be construed as including references to a judge or division court thereof, and reference to order made by a court or the judge shall be construed as including references to a sentence, judgment or decree passed or made by that court of judge.

section 37. of the bihar reorganisation act : nothing in this part shall affect the application to the high court of jharkhand of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 43. of the bihar reorganisation act : the total of the cash balances in all treasuries of the state of bihar and the credit balances of the state with reserve bank of india, the state bank of india or any other bank immediately before the appointed day shall be divided between the states of bihar and jharkhand according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balance of the two states in the books of the reserve bank of india on the appointed day: provided further that if the state of jharkhand has no account on the appointed day with the reserve bank of india, the adjustment shall be made in such manner as the central government may, by order, direct.

section 39. of the bihar reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the existing state of bihar in respect of any period prior to the appointed day shall be submitted to the governor of each of the successor states of bihar and jharkhand who shall cause them to be laid before the legislature of that state. 2 the president, after considering the views of the state legislatures of the successor states, may by order a declare any expenditure incurred out of the consolidated fund of bihar on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised and b provide for any action to be taken on any matter arising out of the said reports.

section 44. of the bihar reorganisation act : the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor state in which the property is situated, and the right to recover arrears of any other tax or duty shall be long to the successor state in whose territories the place of assessment of that tax or duty is included on the appointed day.

section 40. of the bihar reorganisation act : the president shall, by order, determine the share of states of bihar and jharkhand in the total amount payable to the existing state of bihar on the recommendation of the finance commission constituted under article 280 of the constitution, in such manner as he thinks fit.

section 45. of the bihar reorganisation act : 1 the right of the existing state of bihar to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that state shall belong to the successor state in which that area is included on that day. 2 the right of the existing state of bihar to recover any loans or advances made before the appointed day to any person or institution outside that state shall belong to the state of bihar: provided that any sum recovered in respect of any such loan or advance shall be divided between the states of bihar and jharkhand according to the population ratio.

section 41. of the bihar reorganisation act : 1 the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the existing state of bihar immediately before the appointed day. 2 the successor states shall be entitled to receive benefits arising out of the decisions taken by the predecessor state and the successor states shall be liable to bear the financial liabilities arising out of the decisions taken by the existing state of bihar. 3 the apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor states. 4 any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order, by the central government on the advice of the comptroller and auditorgeneral of india.

section 42. of the bihar reorganisation act : 1 subject to other provisions of this part, all land and all stores, articles and other goods belonging to the existing state of bihar shall, a if within the transferred territory, pass to the state of jharkhand or b in any other case, remain the property of the state of bihar: provided that where the central government is of opinion that any goods or class of goods should be distributed between the states of bihar and jharkhand, otherwise that according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor states accordingly. 2 stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor states in whose territories such institutions, workshops, undertakings or works are located. 3 stores relating to the secretariat and offices of heads of departments having jurisdiction over the whole of the existing state of bihar shall be divided as may be agreed upon between the successor states, or in default of such agreement, as the central government may by order direct for a just and equitable distribution of such stores. 4 any other unissued stores of any class in the existing state of bihar shall be divided between the successor states in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the territories of the existing state of bihar included respectively in each of the successor states: provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor states according to the population ratio. 5 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 47. of the bihar reorganisation act : 1 the assets and liabilities relating to any commercial or industrial undertaking of the existing state of bihar shall pass to the state in which the undertaking is located. 2 where a depreciation reserve fund is maintained by the existing state of bihar for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the state in which the undertaking is located.

section 53. of the bihar reorganisation act : the liability of the existing state of bihar in respect of pensions and other retirement benefits shall pass to, or be apportioned between, the successor states of bihar and jharkhand in accordance with the provisions contained in the eighth schedule to this act.

section 48. of the bihar reorganisation act : 1 all liabilities on account of public debt and public account of the existing state of bihar outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor states unless a different mode of apportionment is provided under the provisions of this act. 2 the individual items of liabilities to be allocated to the successor states and the amount of contribution required to be made by one successor state to another shall be such as may be ordered by the central government in consultation with the comptroller and auditorgeneral of india: provided that till such orders are issued, the liabilities on account of public debt and public account of the existing state of bihar shall continue to be the liabilities of the successor state of bihar. 3 the liability on account of loans raised from any source and relent by the existing state of bihar to such entities as may be specified by the central government and whose area of operation is confined to either of the successor states shall devolve on the respective states as specified in subsection 4. 4 the public debt of the existing state of bihar attributable to loan taken from any source for the express purpose of relending the same to a specific institution and outstanding immediately before the appointed day shall a if relent to any local body, body corporate or other institution in any local area, be the debt of the state in which the local area is included on the appointed day or b if relent to the bihar state electricity board, the bihar state road transport corporation, or the bihar housing board or any other institution which becomes an interstate institution on the appointed day, be divided between the states of bihar and jharkhand in the same proportion in which the assets of such body corporate or institution are divided under the provisions of part vii of this act. 5 where a sinking fund or a depreciation fund is maintained by the existing state of bihar for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor states of bihar and jharkhand in the same proportion in which the total public debt is divided between the two states under this section. 6 in this section, the expression government security means a security created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under clause 2 of section 2 of the public debt act, 18 of .

section 46. of the bihar reorganisation act : 1 the securities held in respect of the investments made from cash balances investment account or from any fund in the public account of the existing state of bihar as specified in the seventh schedule shall be apportioned in the ratio of population of the successor states: provided that the securities held in investments made from the calamity relief fund of the existing state of bihar shall be divided in the ratio of the area of the territories occupied by the successor states: provided further that the balance in the reserve funds in the public account of bihar created wholly out of appropriations from the consolidated fund of the existing state of bihar, to the extent the balances have not been invested outside government account, shall not be carried forward to similar reserve funds in the public account of, successor states. 2 the investments of the existing state of bihar immediately before the appointed day, in any special fund, the objects of which are confined to a local area, shall belong to the state in which that area is included on the appointed day. 3 the investments of the existing state of bihar immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the cash balance investment account, shall pass to the state in which the principal seat of business of the undertaking is located. 4 where any body corporate constituted under a central act, state act or provincial act for the existing state of bihar or any part thereof has, by virtue of the provisions of part ii, becomes an interstate body corporate, the investments in, or loans or advances to, any such body corporate by the existing state of bihar made before the appointed day shall, save as otherwise expressly provided by or under this act, be divided between the states of bihar and jharkhand in the same proportion in which the assets of the body corporate are divided under the provisions of this part.

section 49. of the bihar reorganisation act : the liability of the existing state of bihar in respect of any floating loan to provide shortterm finance to any commercial undertaking shall be the liability of the state in whose territories the undertaking is located.

section 54. of the bihar reorganisation act : 1 where, before the appointed day, the existing state of bihar has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor states of bihar and jharkhand and b any other case, of the state of bihar, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing state of bihar, be rights or liabilities of the state of jharkhand or the state of bihar, as the case may be: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between the successor states of bihar and jharkhand or in default of such agreement, as the central government may, by order, direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall, notwithstanding that the partake of the nature of contractual rights, be dealt with under those provisions.

section 50. of the bihar reorganisation act : the liability of the existing state of bihar to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor state in whose territories the property is situated, and the liability of the existing state of bihar to refund any other tax or duty collected in excess shall be the liability of the successor state in whose territories the place of assessment of that tax or duty is included.

section 51. of the bihar reorganisation act : 1 the liability of the existing state of bihar in respect of any civil deposit or loan fund deposit shall, as from the appointed day, be the liability of the state in whose area the deposit has been made. 2 the liability of the existing state of bihar in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the state in whose area the institution entitled to the benefit of the endowment is located or of the state to which the objects of the endowment under the terms thereof, are confined.

section 52. of the bihar reorganisation act : the liability of the existing state of bihar in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the state to which that government servant is permanently allotted.

section 57. of the bihar reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 55. of the bihar reorganisation act : where, immediately before the appointed day, the existing state of bihar is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor states of bihar or jharkhand, be a liability of that successor state and b in any other case, be initially a liability of the state of bihar, but subject to such financial adjustment as may be agreed upon between the states of bihar and jharkhand or, in default of such agreement, as the central government may, by order, direct.

section 56. of the bihar reorganisation act : where, immediately before the appointed day, the existing state of bihar is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the existing state of bihar shall a if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the states of bihar or jharkhand, be a liability of that successor state and b in any other case, be initially a liability of the state of bihar, subject to such financial adjustment as may be agreed upon between the states of bihar and jharkhand or, in default of such agreements, as the central government may, by order, direct.

section 58. of the bihar reorganisation act : the benefit or burden of any asset or liability of the existing state of bihar not dealt with in the foregoing provisions of this part shall pass to the state of bihar in the first instance, subject to such financial adjustment a may be agreed upon between the states of bihar and jharkhand or, in default of such agreement, as the central government may, by order, direct.

section 59. of the bihar reorganisation act : where the successor states of bihar and jharkhand agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 65. of the bihar reorganisation act : 1 notwithstanding anything contained in the foregoing provisions of this part, each of the companies specified in the ninth schedule to this act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor states, or in any direction issued by the central government, continue to function in the areas in which it was functioning immediately before that day and the central government may, from time to time, issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law. 2 any directions issued under subsection 1 in respect of a company referred to in that subsection, may include directions a regarding the division of the interests and shares of existing state of bihar in the company among the successor states b requiring the reconstitution of the board of directors of the company so as to give adequate representation to both the successor states.

section 60. of the bihar reorganisation act : where, by virtue of any of the provisions of this part, any of the successor states of bihar and jharkhand becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the appointed day by either of the states, that it is just and equitable that property or those benefits should be transferred to, or shared with, the other successor state, or that a contribution towards that liability should be made by the other successor state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order, determine.

section 61. of the bihar reorganisation act : all sums payable either by the state of bihar or by the state of jharkhand to the other states or by the central government to either of those states, by virtue of the provisions of this act, shall be charged on the consolidated fund of the state by which such sums are payable or, as the case may be, the consolidated fund of india.

section 62. of the bihar reorganisation act : 1 the following bodies corporate constituted for the existing state of bihar, namely: a the state electricity board constituted under the electricity supply act, 54 of b the state warehousing corporation established under the warehousing corporations act, 58 of c the state road transport corporation established under the road transport act, 64 of , shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the board or the corporation shall include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the board or the corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on such date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states of bihar and jharkhand in such manner as may be agreed upon between them within one year of the dissolution of the board or the corporation, as the case may be, or if no agreement is reached, in such manner as the central government may, by order, determine: provided that any liabilities of the said board relating to the unpaid dues of the coal supplied to the board by any public sector coal company shall be provisionally apportioned between the state electricity boards constituted respectively in the successor states of the existing state of bihar or after the date appointed for the dissolution of the board under this subsection in such manner as may be agreed upon between the governments of the successor states within one month of such dissolution or if no agreement is reached, in such manner as the central government may, by order, determine subject to reconciliation and finalisation of the liabilities which shall be completed within three months from the date of such dissolution by the mutual agreement between the successor states or failing such agreement by the direction of the central government: provided further that an interest at the rate of two per cent. higher than the cash credit interest shall be paid on outstanding unpaid dues of the coal supplied to the board by the public sector coal company till the liquidation of such dues by the concerned state electricity board constituted in the successor states on or after the date appointed for the dissolution of the board under this subsection. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of bihar, or, as the case may be, the government of the state of jharkhand from constituting, at any time on or after the appointed day, state electricity board or a state warehousing corporation or a road transport corporation for the state under the provisions of the act relating to such board or corporation and if such a board or corporation is so constituted in either of the states before the dissolution of the board or the corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new board or the new corporation to take over from the existing board or corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of the existing board or corporation, i any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board or the new corporation instead of to that state ii any employee who would otherwise have been transferred to or reemployed by that state under subsection 3, read with clause i of subsection 5, shall be transferred to or reemployed by the new board or the new corporation instead of to or by that state. 5 an agreement entered into between the successor states under subsection 3 and an order made by the central government under that subsection or under clause a of subsection 4 may provide for the transfer or reemployment of any employee of the board or the corporation referred to in subsection 1, i to or by the successor states, in the case of an agreement under subsection 4 or an order made under that subsection ii to or by the new board or the new corporation constituted under subsection 4, in the case of an order made under clause a of that subsection, and, subject to the provisions of section 65, also for the terms and conditions of service applicable to such employees after such transfer or reemployment.

section 66. of the bihar reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where anybody corporate constituted under a central act, state act or provincial act for the existing state of bihar or any part thereof has, by virtue of the provisions of part ii of this act, become an interstate body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction.

section 64. of the bihar reorganisation act : 1 the bihar state financial corporation established under the state financial corporation act, 63 of shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the corporation may include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 notwithstanding anything contained in subsection 1 or subsection 2, the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporation, and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court at patna and jharkhand as may be nominated in this behalf by the chief justice thereof, and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the states of bihar and jharkhand from constituting, at any time on or after the appointed day, a state financial corporation for that state under the state financial corporations act, 63 of .

section 63. of the bihar reorganisation act : show related subordinates if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of part ii of this act, outside the state in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems proper to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 67. of the bihar reorganisation act : 1 notwithstanding anything contained in section 88 of the motor vehicles act, 59 of a permit granted by the state transport authority of the existing state of bihar or any regional transport authority in that state shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority of jharkhand or any regional transport authority therein for the purpose of validating it for use in such area: provided that the central government may, after consultation with the successor state government or governments concerned add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 74. of the bihar reorganisation act : every person who, immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing state of bihar in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or any other appropriate authority in, that successor state: provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.

section 68. of the bihar reorganisation act : where on account of the reorganisation of the existing state of bihar under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such cooperative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other cooperative society or undertaking, then notwithstanding anything contained in section 25f, 25ff or 25fff of the industrial disputes act, 14 of such transfer or reemployment shall not entitle in to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favorable to the workman than those applicable to him immediately before the transfer or reemployment b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f, 25ff or 25fff of the industrial disputes act, 14 of on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 69. of the bihar reorganisation act : where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the incometax act, 43 of shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 70. of the bihar reorganisation act : 1 the government of state of bihar or jharkhand, as the case may be, shall, in respect of the institutions specified in the tenth schedule to this act, located in that state, continue to provide facilities to the people of the other state which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two state governments before the 1st day of december, or if no agreement is reached by the said date as may be fixed by order of the central government. 2 the central government may, at any time before the 1st day of december, by notification in the official gazette, specify in the tenth schedule any other institution existing on the appointed day in the states of bihar and jharkhand and on the issue of such notification, the schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 72. of the bihar reorganisation act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the existing state of bihar shall, on and from that day provisionally continue to serve in connection with the affairs of the state of bihar unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of jharkhand: provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in subsection 1 shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to a successor state shall, if he is not already serving therein be made available for serving in the successor state from such date as may be agreed upon between the governments concerned or in default of such agreement, as may be determined by the central government.

section 71. of the bihar reorganisation act : 1 in this section, the expression state cadre a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, and c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 in place of the cadres of the indian administrative service, indian police service and indian forest service for the existing state of bihar, there shall, on and from the appointed day, be two separate cadres, one for the state of bihar and the other for the state of jharkhand in respect of each of these services. 3 the initial strength and composition of the state cadres referred to in subsection 2 shall be such as the central government may, by order, determine before the appointed day. 4 the members of each of the said service borne on the bihar cadre thereof immediately before the appointed day shall be allocated to the state cadres of the same service constituted under subsection 2 in such manner and with effect from such date or dates as the central government may, by order, specify 5 nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the allindia service act, 61 of or the rules made thereunder.

section 73. of the bihar reorganisation act : 1 nothing in section 72 shall be deemed to affect on or after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the union or any state: provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of bihar or to the state of jharkhand under section 72 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person a if he is deemed to have been allocated to any state under section 72, shall be deemed to have been rendered in connection with the affairs of that state b if he is deemed to have been allocated to the union in connection with the administration of the jharkhand shall be deemed to have been rendered in connection with the affairs of the union, for the purposes of the rules regulating his conditions of service. 3 the provisions of section 72, shall not apply in relation to members of any allindia service.

section 75. of the bihar reorganisation act : the central government may by order establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of any of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 76. of the bihar reorganisation act : the central government may give such directions to the state government of bihar and the state government of jharkhand as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 77. of the bihar reorganisation act : 1 the public service commission for the existing state of bihar shall, on and from the appointed day, be the public service commission for the state of bihar. 2 the persons holding office immediately before the appointed day as chairman or other member of the public service commission for the existing state of bihar shall, as from the appointed day, be the chairman or, as the case may be, the other member of the public service commission for the state of bihar. 3 every person who becomes chairman or other member of the public service commission for the state of bihar on the appointed day under subsection 2, shall a be entitled to receive from the government of the state of bihar conditions of service not less favourable than those to which he was entitled under the provisions applicable to him b subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day. 4 the report of the bihar public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of the states of bihar and jharkhand, and the governor of the state of bihar shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of bihar and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of the state of jharkhand.

section 78. of the bihar reorganisation act : 1 notwithstanding anything contained in this act but subject to the provisions of section 79, all rights and liabilities of the existing state of bihar in relation to water resource projects in relation to, i ganga and its tributaries and ii sone and its tributaries, shall, on the appointed day be the rights and liabilities of the successor states in such proportion as may be fixed and subject to such adjustments as may be made, by agreement entered into by the said states after consultation with the central government, or, if no such agreement is entered into within two years of the appointed day, then the central government may, by order, determine within one year having regard to the purposes of the project: provided that the order so made by the central government may be varied by any subsequent agreement entered into by the successor states after consultation with the central government. 2 an agreement or order referred to in subsection 1 shall, where an extension or further development of any of the projects referred to in that subsection after the appointed day is undertaken, be the rights and liabilities of the successor states in relation to such extension or further development. 3 the rights and liabilities referred to in subsections 1 and 2 shall include, a the right to receive and utilise the water available for distribution as a result of the projects and b the right to receive and utilise the power generated as a result of the projects, but shall not include the rights and liabilities under any contract entered into before the appointed day by the government of the existing state of bihar with any person or authority other than government.

section 82. of the bihar reorganisation act : the board may, with the prior approval of the central government by notification in the official gazette, make regulations consistent with this act and orders made thereunder, to provide for a regulating the time and place of meetings of the board and the procedure to be followed for the transaction of business at such meetings b delegation of powers and duties to the chairman or any officer of the board c the appointment and regulation of the conditions of service of the officers and other staff of the board and d any other matter for which regulations are considered necessary by the board.

section 79. of the bihar reorganisation act : 1 the central government shall constitute a board to be called the ganga and sone management board hereinafter referred to as the board for administration, construction, maintenance and operation of projects referred to in subsection 1 of section 78 for any or for a combination of following purposes, namely: i irrigation ii rural and urban water supply iii hydro power generation iv navigation v industries and vi for any other purpose which the central government may, by notification in the official gazette, specify. 2 the board shall consist of a a wholetime chairman and two wholetime members to be appointed by the central government b a representative each of the government of the states of uttar pradesh, bihar, jharkhand and madhya pradesh to be nominated by the respective governments c two representatives of the central government to be nominated by that government. 3 the functions of the board shall include a the regulation of supply of water from the projects referred to in subsection 1 of section 78 to states of uttar pradesh, bihar, jharkhand and madhya pradesh having regard to i any agreement entered into or arrangement made covering the governments of existing state of bihar and the states of uttar pradesh, bihar, jharkhand and madhya pradesh, and ii the agreement or the order referred to in subsection 2 of section 78 b the regulation of supply of power generated at the projects referred to in subsection 1 of section 78, to any electricity board or other authority incharge of the distribution of power having regard to i any agreement entered into or arrangement made covering the governments of existing state of bihar and the states of uttar pradesh, bihar, jharkhand and madhya pradesh, and ii the agreement or the order referred to in subsection 2 of section 78 c the examination of the requirement of funds for various projects in terms of the programme laid down for such projects and to advise the apportionment of the expenditure to the participating states keeping in view the agreement on the sharing of cost d to decide the withdrawal of water from the reservoirs during the construction period for irrigation and power purposes with a view to securing better use of available water e the responsibility of devising programme of resettlement for persons displaced as a result of irrigation projects f construction of such of the remaining or new works connected with the development of the water resource project relating to the rivers or their tributaries as the central government may specify by notification in the official gazette and g such other functions as the central government may after consultation with the governments of the states of uttar pradesh, bihar, jharkhand and madhya pradesh entrust to it.

section 80. of the bihar reorganisation act : 1 the board may employ such staff, as it may consider necessary for the efficient discharge of its functions under this act: provided that every person who immediately before the constitution of the said board was engaged in the construction, maintenance or operation of the works relating to the projects referred to in subsection 1 of section 78 shall continue to be so employed under the board in connection with the said works on the same terms and conditions of the service as were applicable to him before such constitution until the central government by order, directs otherwise: provided further that the said board may at any time in consultation with the state governments or the electricity board concerned and with prior approval of the central government retain any such person for service under that state government or board. 2 the government of the states of uttar pradesh, bihar, jharkhand and madhya pradesh shall at all times provide the necessary funds to the board to meet all expenses including the salaries and allowances of the staff required for the discharge of its functions and such amounts shall be apportioned among the states concerned in such proportion as the central government may having regard to the benefits to each of the said states specify. 3 the board shall be under the control of the central government and shall comply with such directions, as may from time to time, be given to it by that government. 4 the board may, with the approval of the central government delegate such of its powers, functions and duties as it may deem fit to the chairman of the said board or to any officer subordinate to the board. 5 the central government may, for the purpose of enabling the board to function efficiently, issue such directions to the state governments concerned, or any other authority, and the state governments, or the other authority shall comply with such directions.

section 81. of the bihar reorganisation act : 1 the board shall, ordinarily exercise jurisdiction in regard to any of the projects referred to in subsection 1 of section 78 over headwork barrages, dams, reservoir, regulating construction, part of canal network and transmission lines necessary to deliver water or power to the states concerned. 2 if any question arises as to whether the board has jurisdiction under subsection 1 over any project referred thereto, the same shall be referred to the central government for decision thereon.

section 83. of the bihar reorganisation act : on and from the appointed day, in section 15 of the states reorganisation act, , in clause c, for the word bihar, the words bihar and jharkhand shall be substituted.

section 84. of the bihar reorganisation act : the provisions of part ii of this act shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bihar shall, until otherwise provided by a competent legislature or other competent authority be construed as meaning the territories within the existing state of bihar before the appointed day.

section 90. of the bihar reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing state of bihar shall, for a period of one year from that day continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of jharkhand.

section 85. of the bihar reorganisation act : for the purpose of facilitating the application in relation to the state of bihar or jharkhand of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law in its application to a state, the state government.

section 86. of the bihar reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 85 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of bihar or jharkhand, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 91. of the bihar reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 87., for exercising statutory functions. of the bihar reorganisation act : the government of the state of jharkhand, as respects the transferred territory may, by notification in the official gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 88. of the bihar reorganisation act : where immediately before the appointed day, the existing state of bihar is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the states of bihar and jharkhand under this act, the state of bihar or jharkhand which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of bihar or added as a part to those proceedings, and the proceedings may continue accordingly.

section 92. of the bihar reorganisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day. 2 every order made under this section shall be laid before each house of parliament.

section 89. of the bihar reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than the high court, tribunal, authority or officer in any area which on that day falls within the state of bihar shall, if it is a proceeding relating exclusively to the territory, which as from that day is the territory of jharkhand state, stand transferred to the corresponding court, tribunal, authority or officer of that state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court at patna and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in the state of jharkhand means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority, or officer in that state, as may be determined after the appointed day by the government of that state or the central government, as the case may be, or before the appointed day by the government of the existing state of bihar to be the corresponding court, tribunal, authority or officer.

section 4. of the fatal accidents act : the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subjectmatter that is to say 1 the word person, shall apply to bodies politic and corporate and the word parent shall include father and mother2 and grandfather and grandmother and the word child shall include son and daughter and grandson and granddaughter and stepson and stepdaughter. 1. certain words omitted by act 10 of , sch. 2. stepfather and stepmother are designedly omitted.

section 1. of the fatal accidents act : 11. short title and extent.1 this act may be called the fatal accidents act, . 2 it extends to the whole of india 2. 1. ins. by act 3 of s. 3 and the schedule. 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the fatal accidents act : provided always that not more than one action or suit shall be brought for, and in respect of the same subjectmatter of complaint 1 : claim for loss to estate may be added.provided that, in any such action or suit, the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased. 1. the words and that every such action shall be brought within twelve calendar months after the death of such deceased person rep. by act 9 of , s. 2 and the first schedule, see now the indian limitation act, 36 of .

section 1a. of the fatal accidents act : 11a. suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong.whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would if death had not ensured have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action or suit for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime. 2 every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or representative of the person deceased and in every such action the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the beforementioned parties, or any of them, a such shares as the court by its judgment or decree shall direct. 1. original s. 1 renumbered as s. la by s. 3 and sch., ibid. 2. the words and it is enacted further that omitted by act 10 of , sch. ii/

section 3. of the fatal accidents act : the plaint in any such action or suit shall give a full particular of the person or persons for whom, or on whose behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.

section 6. of the agriculturists loans act : when a loan is made under this act to the members of a village community or to any other persons on such terms that all of them are jointly and severally bound to the government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed, marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.

section 3. of the agriculturists loans act : 1 1. rep. by act 1 of , s. 2 and sch. w.e.f. . prior to repeal it read as: 3. repeal of act 10 of , and section 4 and 5 of act 15 of .1 on and from the day on which this act comes into force, the northern india takkavi act act 10 of , and section 4 and 5 of act 15 of , shall, except as regards the recovery of advances made before this act comes into force and of the interest thereon, be repealed. 2 all rules made under those acts shall be deemed ,to be made under this act.

section 5. of the agriculturists loans act : every loan made in accordance with such rules, all interest if any chargeable thereon, and costs if any incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan was made, or from any person who has become surety for the repayment thereof, as if they were arrears of land revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.

section 4. of the agriculturists loans act : 1 the state government 1or, in a state for which there is a board of revenue of financial commissioner, such board or financial commissioner, subject to the control of the state government may, from time to time, 2 make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the land improvement loans act, 19 of , but connected with agricultural objects. 2 all such rules shall be published in the official gazette. 1. ins. by act 4 of , section 2 and schedule, part i. 2. the words subject to the control of the g.g. in c. rep. by the act 4 of , section 2.

section 2. of the agriculturists loans act : 1 this section 1 extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 32 the rest of this act extends in the first instance only to uttar pradesh, the central provinces, assam and delhi and the territories which, immediately before the 1st november, , were comprised in the states of bombay, punjab and ajmer. 3 but any state government may, from time to time, by notification in the official gazette, extend the rest of this act to the whole or any part of 4the territories to which this act extends under its administration. 1. the words and figure and section 3 omitted by 2 a.l.o., w.e.f. . 2. subs. by 2 a.l.o., w.e.f. . 3. subs. by 2 a.l.o., w.e.f. . 4. subs. by 2 a.l.o., , for the territories.

section 1. of the agriculturists loans act : 1 this act may be called the agriculturists loans act, and commencement. 2 it shall come into force on the first day of august, .

section 8. of the partition act : any order for sale made by the court under section 2, 3 or 4 shall be deemed to be a decree within the meaning of section 2 of the 1code of civil procedure 14 of . 1 . see now the code of civil procedure, act 5 of .

section 9. of the partition act : in any suit for partition the court may, if it shall think fit, make a decree for a partition of part of the property to which the suit relates and a sale of the remainder under this act

section 10. of the partition act : this act shall apply to suits instituted before the commencement thereof, in which no scheme for the partition of the partition has been finally approved by the court

section 7. of the partition act : save as hereinbefore provided, when any property is directed to be sold under this act, the following procedure shall, as far as practicable, be adopted, namely: a if the property be sold under a decree or order of the high court of calcutta, madras or bombay, in the exercise of its original jurisdiction, 1 the procedure of such court in its original civil jurisdiction for the sale of property by the registrar b if the property be sold under a decree or order of any other court, such procedure as the high court may from time to time by rules prescribe in this behalf, and until such rulesart made the procedure prescribed in the code of civil procedure in respect of sales in execution of decrees. 1 the words or of the court of the recorder of rangoon omitted by the a.o. .

section 3. of the partition act : 1 if, in any case in which the court is requested under the last foregoing section to direct a sale, any other shareholder applies for leave to buy at a valuation the share or shares of the party or parties asking for a sale, the court shall order a valuation of the share or shares in such manner as it may think fit and offer to sell the same to such shareholder at the price so ascertained, and may give all necessary and proper directions in that behalf. 2 if two or more shareholders severally apply for leave to buy as provided in subsection 1, the court shall order a sale of the share or shares to the shareholder who offers to pay the highest price above the valuation made by the court. 3 if no such shareholder is willing to buy such share or shares at the price so ascertained, the applicant or applicants shall be liable to pay all costs of or incident to the application or applications.

section 5. of the partition act : in any suit for partition a request for sale may be made or an undertaking, or application for leave, to buy may be given or made on behalf of any party under disability by any person authorised to act on behalf of such party in such suit, but the court shall not be bound to comply with any such request, undertaking or application unless it is of opinion that the sale or purchase will be for the benefit of the party under such disability.

section 1. of the partition act : 1 this act may be called the partition act, . 2 it extends to the whole of india 1 2. 3 4 but nothing herein contained shall be deemed to affect any local law providing for the partition of immoveable property paying revenue to government. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .. 2. the word and rep. by act 10 of , s. 3 and the second schedule. 3. subsection 3 rep. by s. 3 and the second schedule, ibid.

section 2. of the partition act : whenever in any suit for partition in which, if instituted prior to the commencement of this act, a decree for partition might have been made, it appears to the court that, by reason of the nature of the properly to which the suit relates, or of the number of the shareholders therein, or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the court may, if it thinks fit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds.

section 4. of the partition act : 1 where a share of a dwellinghouse belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf. 2 if in any case described in subsection 1 two or more members of the family being such shareholders severally undertake to buy such share, the court shall follow the procedure prescribed by subsection 2 of the last foregoing section.

section 6. of the partition act : 1 every sale under section 2 shall be subject to a reserved bidding, and the amount of such bidding shall be fixed by the court in such manner as it may think fit and may be varied from time to time. 2 on any such sale any of the shareholders shall be at liberty to bid at the sale on such terms as to nonpayment of deposit or as to setting off or accounting for the purchasemoney or any part thereof instead of paying the same as to the court may seem reasonable. 3 if two or more persons, of whom one is a shareholder in the property, respectively advance the same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of the shareholder.

section 4. of the hindu gains of learning act : this act shall not be deemed in any way to affect a the terms or incidents of any transfer of property made or effected before the commencement of this act, b the validity, invalidity, effect or consequences of anything already suffered or done before the commencement of this act, c any right or liability created under a partition, or an agreement for a partition, of joint family property made before the commencement of this act, or d any remedy or proceeding in respect of such right or liability or to render invalid or in any way affect anything done before the commencement of this act in any proceeding pending in a court at such commencement and any such remedy and any such proceeding as is herein referred to may be enforced, instituted or continued, as the case may be, as if this act had not been passed.

section 1. of the hindu gains of learning act : 1 this act may be called the hindu gains of learning act, . 2 it extends to the whole of india 1except the state of jammu and kashmir. 1. subs. by act 48 of , s. 3 and sch. 1, for certain words w.e.f . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the hindu gains of learning act : in this act, unless there is anything repugnant in the subject or context, a acquirer means a member of a hindu undivided family, who acquires gains of learning b gains of learning means all acquisitions of property made substantially by means of learning, whether such acquisitions be made before or after the commencement of this act and whether such acquisitions be the ordinary or the extraordinary result of such learning and c learning means education, whether elementary, technical, scientific, special or general, and training of every kind which is usually intended to enable a person to pursue any trade, industry, profession of avocation in life.

section 3. of the hindu gains of learning act : notwithstanding any custom, rule or interpretation of the hindu law, no gains of learning shall be held not to be the exclusive and separate property of the acquirer merely by reason of a his learning having been in whole or in part, imparted to him by any member, living or deceased, of his family, or with the aid of the joint funds of his family, or with the aid of the funds of any member thereof, or b himself or his family having, while he was acquiring his learning, been maintained or supported, wholly or in part, by the joint funds of his family, or by the funds of any member thereof.

section 7. of the industrial disputes banking and insurance companies act : 1 the industrial disputes banking and insurance companies second ordinance, 28 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on the day on which such thing was done or action taken.

The Industrial Disputes (Banking and Insurance Companies) Act, 1949

section 1. of the industrial disputes banking and insurance companies act : 1 this act may be called the industrial disputes banking and insurance companies act, . 2 it extends to the whole of india 1except the state of jammu and kashmir. 1. subs. by act 3 of , s. 3 and the schedule, for except part b states w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6. of the industrial disputes banking and insurance companies act : 1 where any award or decision has been made in respect of any industrial dispute concerning any banking or insurance company by any tribunal or other authority constituted or appointed by a 1state government, or any officer or authority subordinate to such government, then the central government may, notwithstanding that the said award or decision is in force, by order in writing refer under section 10 of the said act the dispute or any of the matters in dispute to an industrial tribunal constituted under the said act for adjudication and stay the implementation of the award or decision so made or of any part of such award or decision until the industrial tribunal to which the dispute or any of the matters in dispute is referred for adjudication has submitted its award or for such further period as the central government may consider necessary. 2 after the industrial tribunal to which the dispute or any of the matters in dispute has been so referred for adjudication has submitted its award under subsection 1 of section 15 of the said act, the central government may, by order in writing, declare that the award or decision previously made in respect of such dispute by the tribunal or other authority constituted or appointed by the 2state government or any officer or authority subordinate to such government or such part of that award or decision as may be specified in the order shall cease to be in operation. 1. subs. by the a.o. , for provincial. 2. subs. by the a.o. , for provincial.

section 2. of the industrial disputes banking and insurance companies act : in this act, unless there is anything repugnant in the subject or context, the expressions award, banking company, industrial dispute and insurance company have the meanings respectively assigned to them in section 2 of the industrial disputes act, 14 of as amended by this act.

section 4.prohibition of references by state governments of certain industrial disputes for adjudication, inquiry or settlement of the industrial disputes banking and insurance companies act : 4. prohibition of references by 1state governments of certain industrial disputes for adjudication, inquiry or settlement.notwithstanding anything contained in any other law, it shall not be competent for a state government or any officer or authority subordinate to such government to refer an industrial dispute concerning any banking or insurance company, or any matter relating to such dispute, to any tribunal or other authority for adjudication, inquiry or settlement. 1. subs. by the a.o. , for provincial.

section 3. of the industrial disputes banking and insurance companies act : amendment of section 2, act 14 of . rep. by the repealing and amending act, 48 of , s. 2 and the first schedule.

section 5.abatement of proceedings relating to disputes pending before state tribunals and reference of such disputes to tribunals constituted by the central government of the industrial disputes banking and insurance companies act : 5. abatement of proceedings relating to disputes pending before 1state tribunals and reference of such disputes to tribunals constituted by the central government.1 where under any law any industrial dispute concerning any banking or insurance company or any matter relating to such dispute has, before the 30th day of april, , been referred by a 1state government or any officer or authority subordinate to such government to any tribunal or other authority for adjudication or settlement and any proceedings in respect of or arising out of such reference were immediately before that date pending before any tribunal or other authority, then on the aforesaid date such refence shall be deemed to have been withdrawn and all such proceedings shall have abated. 2 the central government shall, as soon as may be after the commencement of this act, by order in writing, refer under section 10 of the said act every industrial dispute to which the provisions of subsection 1 apply to an industrial tribunal constituted under the said act for adjudication. 1. subs. by the a.o. , for provincial.

section 8. of the local authorities loans act : 18. application of act to loans existing previous to the fifth of september, .the remedy mentioned in section 5 shall be available for the recovery of any money lent by the secretary of state in council to any local authority before the fifth day of september, eighteen hundred and seventyone, and the interest due on such money. 1.subs. byact 38 of , for the original section.

section 1. of the local authorities loans act : 1 this act may be called the local authorities loans act, . 12 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 1. subs. by the a.o. , for subsection 2. 2. subs. by the adaptation of laws no. 2 order, , for part b states.

section 7. of the local authorities loans act : except as provided by or under this act, no local authority shall, for any purpose, borrow money upon, or otherwise charge, its funds and any contract otherwise made for that purpose after the passing of this act shall be void: provided that nothing herein contained shall be deemed a to preclude any local authority from exercising the borrowing powers conferred on it by any special enactment now or hereafter in force or b to affect the power conferred on any local authority by any such enactment to charge its funds, by guaranteeing the payment of interest on money to be applied to any purpose to which the funds of the local authority can legally be applied

section 3. of the local authorities loans act : 1 a local authority may, subject to the prescribed conditions, borrow on the security of its funds or any portion thereof for any of the following purposes, namely: i the carrying out of any works which it is legally authorized to carry out, ii the giving of relief and the establishment and maintenance of relief works in times of famine or scarcity, iii the prevention of the outbreak or spread of any dangerous epidemic disease, iv any measures which may be connected with or ancillary to any purposes specified in clauses ii and iii, v the repayment of money previously borrowed in accordance with law: provided that nothing in clause v shall be deemed to empower a local authority to fix a period for the repayment of any money borrowed thereunder which, when the period fixed for the repayment of the money previously borrowed is taken into account, will exceed the maximum period fixed for the repayment of a loan by or under any enactment for the time being in force: 1provided further that, in the case of loans other than loans made by the 2appropriate government, no amount exceeding twentyfive lakhs of rupees shall be borrowed unless the terms, including the date of flotation, of such loan have been approved by the 3appropriate government. 2 nothing in this section shall be deemed to authorize any local authority a to borrow or spend money for any purpose for which, under the law for the time being in force, it is not authorized to apply its funds, or b to borrow money by means of the issue of bills or promissory notes payable within any period not exceeding twelve months. 1. ins. by act 38 of , s. 2 and sch. i. 2. subs. by the a.o. , for l. g. 3. subs., ibid., for g. g. in c..

section 4. of the local authorities loans act : 1 the1appropriate government may makeles consistent with this act as to i the nature of the funds on the security of which money may be borrowed ii the works for which money may be borrowed iii the manner of making applications for permission to borrow money iv the inquiries to be made in relation to such loans, and the manner of conducting such inquiries v the cases and the forms in which particulars of applications and proceedings, and orders thereon, shall be published vi the cases in which the 1appropriate government may make loans 2 3vii the cases in which local authorities may take loans from persons other than the 1appropriate government viii the manner of recording and enforcing the conditions on which money is to be borrowed ix the manner and time of making or raising loans x the inspection of any works carried out by means of loans xi the installments, if any, by which loans shall be repaid, the interest to be charged on loans, and the manner and time of repaying loans and of paying the interest thereon xii the sum to be charged against the funds which are to form the security for the loan, as costs in effecting the loan xiii the attachment of such funds, and the manner of disposing of or collecting them xiv the accounts to be kept in respect of loans xv the utilization of unexpended balances of loans either in the reduction in any way of the debt of the local authority, or in carrying out any works which that authority is legally authorized to carry out and the sanction necessary to such utilization and as to all other matters incidental to carrying this act into effect 4 3 all rules made under this act shall be published 5 in the official gazette and on such publication, shall have effect as if enacted in this act. 64 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1.subs. by the a.o. , for l. g. 2.certain word rep. by act 38 of , s. 2 and sch. i. 3.subs. by s. 2 and sch. i, ibid., for the original clause. 4.subsection 2 rep. by act 38 of , s. 2 and sch. i. 5. certain words rep. ibid., s. 2 and sch. i. 6. ins. by 20 of , s. 2 and sch. w.e.f

section 9. of the local authorities loans act : repealed by the repealing act, 12 of , section 2 and the schedule.

section 2. of the local authorities loans act : in this act, local authority means any person legally entitled to the control or management of any local or municipal fund, or legally entitled to impose any cess, rate, duty or tax within any local area funds, used with reference to any local authority, includes any local or municipal fund to the control or management of which such authority is legally entitled, and any cess rate duty or tax which such authority is legally entitled to impose, and any property vested in such authority prescribed means prescribed by rules made under this act and work includes a survey, whether incidental to any other work or not 1the government or the appropriate government means, in relation to cantonment authorities and in relation to port authorities in major ports, the central government, and in relation to other local authorities, the state government. 1. ins. by the a.o. .

section 6. of the local authorities loans act : 1 subject to the provisions of section 26 of the indian paper currency act, 2 of , the local authorities mentioned in schedule i and any other local authority to which the 2appropriate government may, by notification in the official gazette, extend the provisions of this section, may, with the previous sanction of the 2appropriate government, borrow money by means of the issue of bills or promissory notes payable within any period, not exceeding twelve months, for any purpose for which such local authority may lawfully borrow money under any law for the time being in force: provided that the amount of the bills or promissory notes which may be so issued, shall not exceed, when the amount of the other moneys for the time being borrowed by such local authority is taken into account, the total amount which such local authority is empowered by law to borrow. 2 the 2appropriate government may, by general or special order, regulate the conditions on which money may be borrowed or repaid under this section. 1.see now s. 31 of the reserve bank of india act, 2 of . 2. subs. by the a. o. , for g. g. in c.

section 5. of the local authorities loans act : if any money borrowed in accordance with the provisions of this act, or any interest or costs due in respect thereof, is or are not repaid according to the conditions of the loan, the4 1appropriate government, if itself the lender, may and, if the 1appropriate government is not the lender, shall, on the application of the lender, attach the funds on the security of which the loan was made. after such attachment, no person, except an officer appointed in this behalf by the 1appropriate government, shall in any way deal with the attached funds but such officer may do all acts in respect thereof which the borrowers might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the loan and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: attachment not to defeat prior charges legally made.provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made. 1. subs. by the a.o. , for l. g..

section 8. of the indian forest act : for the purpose of such inquiry, the forest settlementofficer may exercise the following powers, that is to say: a power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same and b the powers of a civil court in the trial of suits.

section 1. of the indian forest act : show related subordinates 1 this act may be called the indian forest act, . 12 it extends to the whole of india except the territories which, immediately before the 1st november, , were comprised in part b states. 3 it applies to the territories which, immediately before the 1st november, , were comprised in the states of bihar, bombay, coorg, delhi, madhya pradesh, orissa, punjab, uttar pradesh and west bengal but the government of any state may by notification in the official gazette bring this act into force2 in the whole or any specified part of that state to which this act extends and where it is not in force. state amendment maharashtra. amendment of section 1 of act xvi of .in section 1 of the indian forest act, xvi of , in its application to the whole of the state of maharashtra as provided by section 2 hereinafter referred to as the principal act, i to subsection 2, after the words and letter part b states, the words other than the hyderabad area of the state of maharashtra shall be added ii to subsection 3, the following proviso shall be added, namely: provided that, on the commencement of the indian forest maharashtra unification and amendment act, mah. vi of , this act shall be in force in the hyderabad area of the state of maharashtra. vide maharashtra act vi of , s. 3 1. subs. by the a.o. no. 3 , for subsections 2 and 3. 2. this act has beed declared to be in force in the khondmals district by the khondmals laws regulations, 4 of , s. 3 and the schedule. and in the angul district by the angul laws regulation, 5 of , and the schedule. this act has been extended in its application to: 1 berar partially by the berar laws act, 4 of 2 the province of coorg, see coorg gazette, , pt. i, p. 94 3 the delhi province see gazette of india, , pt. iia, p. 293 4 the whole of madhya pradesh by madhya pradesh act 23 of when notified 5 dadra and nagar haveli w.e.t. by reg. 6 of , s. 2 and the first schedule 6 pondicherry on : vide reg. 7 of , s. 3 and the first schedule 7 goa, darnan and diu by reg. 11 of , s. 3 and the schedule and 8 the whole of the union territory of lakshadweep w.e.f. : vide reg. 8 of , s. 3 and the schedule. the act has been repealed in its application to bellary district by mysore act 14 of . 9 extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of , s. 95 and the fifth schedule .

section 7. of the indian forest act : the forest settlementofficer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of government and the evidence of any persons likely to be acquainted with the same.

section 3. of the indian forest act : the 1state government may constitute any forestland or wasteland which is the property of government, or over which the government has proprietary rights, or to the whole or any part of the forestproduce of which the government is entitled, a reserved forest in the manner hereinafter provided. state amendment uttar pradesh substitution of new section for section 3 of act xvi of .for section 3 of the indian forest act, hereinafter called the principal act, the following shall be substituted namely powers to reserve forests.the state government may constitute any forest land or any other land not being land for the time being comprised in any holding or in any village abadi which is the property of government or over which the government has proprietary rights, or to the whole or any part of the forest produce of which the government is entitled, a reserve forest in the manner hereinafter provided. explanation the expression holding shall have the meaning assigned to it in the u.p. tenancy act, , and the expression village abadi shall have the meaning assigned to it in the u.p. village abadi act, . vide uttar pradesh act, xxiii of , s. 2 1 . subs. by the a.o. , for provincial government.

section 9. of the indian forest act : rights in respect of which no claim has been preferred under section 6 and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless, before the notification under section 20 is published, the person claiming them satisfies the forest settlementofficer that he had sufficient cause for not preferring such claim within the period fixed under section 6.

section 2. of the indian forest act : show related subordinates in this act, unless there is anything repugnant in the subject or context, 1 cattle includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids 2 forestofficer means any person whom 1 the 2state government or any officer empowered by 1 the 2state government in this behalf, may appoint to carry out all or any of the purposes of this act or to do anything required by this act or any rule made there under to be done by a forestofficer 3 forestoffence means an offence punishable under this act or under any rule made thereunder 4 forestproduce includes a the following whether found in, or brought from, a forest or not, that is to say: timber, charcoal, caoutchouc, catechu, woodoil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds 3, kuth and myrabolams, and b the following when found in, or brought from, a forest, that is to say: i trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees, ii plants not being trees including grass, creepers, reeds and moss, and all parts or produce of such plants, iii wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and iv peat, surface soil, rock, and minerals including limestone, laterite, mineral oils, and all products of mines or quarries 44a owner includes a court of wards in respect of property under the superintendence or charge of such court 5 river includes any stream, canal, creek or other channels, natural or artifical 6 timber includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not and 7 tree includes palms, 5, stumps, brushwood and canes. state amendments jammu and kashmir and ladakh uts i section 2.for clause 1, the following clauses shall be substituted, namely: 1 authorised officer means an officer authorized under subsection 2 of section 52 1a cattle include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids 1b forest based industry means an industry or unit in which any forest produce is used as raw material or as a source of energy. ii for clause 4, the following clause shall be substituted, namely: 4 forestproduce include a timber, charcoal, caoutchouc, catechu, woodoil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels morchella spp, aconitum spp, podophyllum spp, picrorhizaspp, trillium spp, nardostachys spp, taxus spp, valerianassp, rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not and b the following when found in, or brought from, a forest, namely: i trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause a ii plants not being trees including grass, bamboos, creepers, reeds and moss and lichen, and all parts or produce of such plants iii silk, cocoons, honey and wax and iv peat, surface soil, rock, and minerals including limestone, laterite, mineral oils, and all products of mines or quarries. iii after clause 5, insert the following clause, namely: 5a saw mill means any plant and machinery with which and the premises including the precincts thereof in which or in any part of which sawing is carried on with the aid of electrical or mechanical power. iv after clause 6, insert the following clause, namely: 6a transporter includes a person, a private agency, a government department, corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person v after clause 7, insert the following clause 8 wild animal shall have the same meaning as assigned to it in the wild life protection act, . vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . tripura. amendment of section 2. in section 2 of the principal act, a in clause 4 i in subclause a, for the words and myrobolams, the words myrobolams, gum, sal seeds, sal leaves, kendu leaves, wild animals, skins, tusks, horns and bones, and all other parts of produce of wild animals shall be substituted ii in subclause b, in item iii, the words wild animals and skins tusks, horns and bones and the words and all other parts or produce of animals shall be omitted b after clause 7, the following clause shall be inserted namely: 8 wild animals shall have same meaning as defined in the wild life protection act, . vide the tripura act 10 of , s. 3 uttar pradesh amendment of section 2 of act no. xvi of .in section 2 of the indian forest act, , hereinafter referred to as the principal act, for clause 1 the following clause shall be substituted, namely: 1 authorised officer means an officer authorised under subsection 1 of section 52a 1a cattle includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids vide uttar pradesh act 1 of , s. 2 uttarakhand. amendment of section 2 of act no. xvi of .in section 2 of indian forest act, , hereinafter referred to as the principal act, the following clause shall be inserted, namely: 2a. authorised officer means an officer authorised under subsection 1 of section 52a. vide uttaranchal act 10 of , s. 2 maharashtra. amendment of section 2 of act xvi of .in section 2 of the indian forest act, , in subclause 4, after the words tamborni leaves the words rosha grass, rauwolfia serpentine shall be inserted. vide bombay act xvii of , s. 2 amendment of section 2 of act xvi of .in section 2 of the indian forest act, hereinafter referred to as the said act, in subclause a of clause 4, after the word kuth the words , apta and temburni leaves shall be inserted. vide bombay act xxiv of , s. 2 amendment of section 2 of act xvi of .in section 2 of the indian forest act, , in its application to the state of maharashtra, in subclause a of clause 4, for the words, rosha grans, rauwolfia serpentine the words rosha grass including oil derived therefrom, ranwolfia serpentine shall be substituted. vide maharashtra act xxvii of , s. 2 amendment of section 2 of act xvi of .in section 2 of the principal act, after clause 4a, the following clauses shall be inserted, namely: 4b police officer means a police officer defined in the bombay police act, 4c revenue officer means a revenue officer as defined in the bombay land revenue code, , or where that code is not in force, as defined in a law corresponding to that code vide maharashtra act vi of , s. 4 insertion of new section 2a in act xvi of .after section 2 of the principal act, the following section shall be inserted, namely: 2a. construction of certain references to central or bombay acts.in the application of this act to any area of the state of maharashtra other than the bombay area thereof, any reference to a provision of a central or bombay act shall, where no such act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area. vide maharashtra act vi of , s. 5 maharashtra. amendment of section 2 of act xvi of .in section 2 of the indian forest act, , in its application to the state of maharashtra hereinafter referred to as the principal act, of in clause 4c, for the words and figures the bombay land revenue code, bom. v of , or, where that code is not in force, as defined in a law corresponding to that code the words and figures the maharashtra land revenue code, mah. xli of shall be substituted. vide maharashtra act vii of , s. 2 1. the words the g.g. in c. or rep. by the a.o. . 2. subs. by the a.o. , for provincial government. 3. ins. by act 26 of , s. 2. 4. ins. by act 3 of , s. 2. 5. the word bamboos omitted by act 5 of , s. 2 w.e.f .

section 10. of the indian forest act : 1 in the case of a claim relating to the practice of shifting cultivation, the forest settlementofficer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the state government, together with his opinion as to whether the practice should be permitted or prohibited wholly or in part. 2 on receipt of the statement and opinion, the 1state government may make an order permitting or prohibiting the practice wholly or in part. 3 if such practice is permitted wholly or in part, the forest settlementofficer may arrange for its exercise a by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or b by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe. 4 all arrangements made under subsection 3 shall be subject to the previous sanction of the 2state government. 5 the practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the 2state government. 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for provincial government.

section 4. of the indian forest act : 1 whenever it has been decided to constitute any land a reserved forest, the 1state government shall issue a notification in the 2official gazette a declaring that it has been decided to constitute such land a reserved forest b specifying, as nearly as possible, the situation and limits of such land and c appointing an officer hereinafter called the forest settlementofficer to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forestproduce, and to deal with the same as provided in this chapter. explanation.for the purpose of clause b, it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other wellknown or readily intelligible boundaries. 2 the officer appointed under clause c of subsection 1 shall ordinarily be a person not holding any forestoffice except that of forest settlementofficer. 3 nothing in this section shall prevent the 3state government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forestoffice except as aforesaid, to perform the duties of a forest settlementofficer under this act. 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette. 3. subs. by the a.o. , for provincial government.

section 12. of the indian forest act : in the case of a claim to rights of pasture or to forestproduce, the forest settlementofficer shall pass an order admitting or rejecting the same in whole or in part. state amendment maharashtra. amendment of section 12 of act xvi of .section 12 shall be renumbered as subsection 1 of that section, and after the subsection so renumbered, the following subsection shall be inserted, namely : 2 a copy of the order passed under subsection 1 shall be furnished to the claimant by the forest settlement officer, and another copy of that order shall be forwarded to the forest officer who attended the inquiry, or if no such officer attended, to the divisional forest officer.. vide maharashtra act vi of , s. 6

section 6. of the indian forest act : when a notification has been issued under section 4, the forest settlementofficer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation a specifying, as nearly as possible, the situation and limits of the proposed forest b explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest and c fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the forest settlementofficer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation if any claimed in respect thereof.

section 5. of the indian forest act : after the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the government or some person in whom such right was vested when the notification was issued and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the 1state government in this behalf. state amendment uttar pradesh substitution of new section for section 5.for section 5 of the principal act, the following shall be substituted, namely 5. bar of accrual of forest rights.after the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the government or some person in whom such right was vested when the notification was issued and no fresh clearings for cultivation or for any other purpose shall be made in such land nor any tree therein felled, girdled, lopped, tapped, or burnt, or its bark or leaves tripped off, or the same otherwise damaged, nor any forestproduce removed therefrom, except in accordance with such rules as may be made by the state government in this behalf. vide uttar pradesh act xxiii of , s. 3 1. subs. by the a.o. , for provincial government.

section 15. of the indian forest act : 1 after making such record the forest settlementofficer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted. 2 for this purpose the forest settlementofficer may a set out some other foresttract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forestproduce as the case may be to the extent so admitted or b so alter the limits of the proposed forest as to exclude forestland of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants or c record an order, continuing to such claimants a right of pasture or to forestproduce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the 1state government. 1. subs. by the a.o. , for provincial government.

section 11. of the indian forest act : 1 in the case of a claim to a right in or over any land, other than a rightofway or right of pasture, or a right to forestproduce or a watercourse, the forest settlementofficer shall pass an order admitting or rejecting the same in whole or in part. 2 if such claim is admitted in whole or in part, the forest settlementofficer shall either i exclude such land from the limits of the proposed forest or ii come to an agreement with the owner thereof for the surrender of his rights or iii proceed to acquire such land in the manner provided by the land acquisition act, 1 of . 3 for the purpose of so acquiring such land a the forest settlementofficer shall be deemed to be a collector proceeding under the land acquisition act, 1 of . b the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that act c the provisions of the preceding sections of that act shall be deemed to have been complied with and d the collector, with the consent of the claimant, or the court, with the consent of both parties, may award compensation in land, or partly in land and partly in money. state amendment uttar pradesh amendment of section 11.in section 11 of the principal act, after subsection 3, the following new subsection shall be added, namely 4 the provisions of subsection 3 shall apply also when the forest settlement officer proceeds to acquire any land in consequence of any order, passed on appeal or revision under this act. vide uttar pradesh act xxiii of , s. 4

section 19. of the indian forest act : the 1state government, or any person who has made a claim under this act, may appoint any person to appear, plead and act on its or his behalf before the forest settlementofficer, or the appellate officer or court, in the course of any inquiry or appeal under this act. state amendment uttar pradesh substitution of new section for section 19.for section 19 of the principal act, the following shall be substituted, namely 19. pleaders.the state government, or any person who has made a claim under this act, may appoint any person to appear, plead and act on its or his behalf before the forest settlement officer or the district judge in the course of any inquiry or appeal under this act. vide uttar pradesh act xxiii of , s. 7 1. subs. by the a.o. , for provincial government.

section 13. of the indian forest act : the forest settlementofficer, when passing any order under section 12, shall record, so far as may be practicable, a the name, fathers name, caste, residence and occupation of the person claiming the right and b the designation, position and area of all fields or groups of fields if any, and the designation and position of all buildings if any in respect of which the exercise of such rights is claimed.

section 14. of the indian forest act : if the forest settlementofficer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forestproduce which he is from time to time authorised to take or receive, and such other particulars at the case may require. he shall also record whether the timber or other forestproduce obtained by the exercise of the rights claimed may be sold or bartered.

section 16. of the indian forest act : in case the forest settlementofficer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the 1state government may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit. 1. subs. by the a.o. , for provincial government.

section 21. of the indian forest act : the forestofficer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.

section 17. of the indian forest act : any person who has made a claim under this act, or any forestofficer or other person generally or specially empowered by the 1state government in this behalf, may, within three months from the date of the order passed on such claim by the forest settlementofficer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the revenue department, of rank not lower than that of a collector, as the 1state government may, by notification in the 2official gazette, appoint to hear appeals from such orders: provided that the 1state government may establish a court hereinafter called the forest court composed of three persons to be appointed by the state government, and, when the forest court has been so established, all such appeals shall be presented to it. state amendment uttar pradesh substitution of new section for section 17.for section 17 of the principal act, the following shall be substituted, namely appeal from order passed under section 11, section 12, section 15 or section 16.any person who has made a claim under this act, or any forest officer or other person generally or specially empowered by the state government in this behalf may, within three months from the date of the order passed on such claim by the forest settlement officer under section 11, section 12, section 15 or section 16, present an appeal from such order to the district judge. explanation in this section and in the succeeding sections of this chapter. district judge means the district judge of the district in which the land is situate, and includes an additional districts judge to whom an appeal is transferred by the district judge. vide uttar pradesh act xxiii of , s. 5 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 24. of the indian forest act : 1 notwithstanding anything contained in section 23, no right continued under clause c of subsection 2 of section 15 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the 1state government: provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house. 2 no timber or other forestproduce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14. 1. subs. by the a.o. , for provincial government.

section 18. of the indian forest act : 1 every appeal under section 17 shall be made by petition in writing, and may be delivered to the forest settlementofficer, who shall forward it without delay to the authority competent to hear the same. 2 if the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to landrevenue. 3 if the appeal be to the forest court, the court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties and shall hear such appeal accordingly. 4 the order passed on the appeal by such officer or court, or by the majority of the members of such court, as the case may be, shall, subject only to revision by the 1state government, be final. state amendment uttar pradesh substitution of new section for section 18.for section 18 of the principal act, the following shall be substituted, namely 18. appeal under section 17.1 every appeal under section 17 shall be made by or in writing and may be delivered to the forest settlement officer, who shall forward it without delay to the district judge. 2 the district judge may, after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal or remand the case to the forest settlement officer with such direction as he thinks fit. 3 during the pendency of the appeal the district judge may, for sufficient cause, stay, on such terms, if any, as he thinks fit, the operation of the order appealed from and pass any incidental or consequential order. 4 the order passed on the appeal shall, subject to the provisions of section 22, be final. vide uttar pradesh act xxiii of , s. 6 1. subs. by the a.o. , for provincial government.

section 27. of the indian forest act : 1 the 1state government may, by notification in the 2official gazette, direct that, from a date fixed by such notification, any forest or any portion thereof reserved under this act shall cease to be a reserved forest. 2 from the date so fixed, such forest or portion shall cease to be reserved but the rights if any which have been extinguished therein shall not revive in consequence of such cessation. state amendments uttar pradesh addition of new section 27a.in chapter ii of the principal act, after section 27, the following new section shall be added, namely 27a. finality of orders etc.no act done, order made or certificate issued in exercise of any power conferred by or under this chapter shall, except as hereinbefore provided, be called in question in any court. vide uttar pradesh act xxiii of , s. 12 1. subs. by the a.o. , for provincial government. 2. subs., ibid, for local official gazette.

section 20. of the indian forest act : 1 when the following events have occurred, namely: a the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the forest settlementofficer b if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals if any presented within such period have been disposed of by the appellate officer or court and c all lands if any to be included in the proposed forest, which the forest settlementofficer has, under section 11 elected to acquire under the land acquisition act, 1 of , have become vested in the government under section 16 of that act. the 1state government shall publish a notification in the 2official gazette, specifying definitely, according to boundarymarks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification. 2 from the date so fixed such forest shall be deemed to be a reserved forest. state amendment jammu and kashmir and ladakh uts. section 20a. after section 20, insert the following section 20a. demarcated forests deemed to be reserved forests. 1 notwithstanding anything contained in this act or any other law for the time being in force, any forest which has been notified as a demarcated forest under the erstwhile jammu and kashmir forest act, a.d., prior to the appointed day notified under the jammu and kashmir reorganization act, , shall be deemed to be a reserved forest under this act. 2 all questions decided, orders issued and records prepared in connection with the constitution of such forest as demarcated forests shall be deemed to have been decided, issued and prepared under this act, and the provisions of this act relating to reserved forests shall apply to forest to which the provision of subsection 1 are applicable. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . state amendments orissa insertion of new section after section 20, 16 of .after section 20 of the indian forest act, 16 of hereinafter referred to as the said act, the following new section shall be inserted, namely: 20a. forest land or waste land deemed to be reserved forests.1 notwithstanding anything contained in this act or in any other law for the time being in force, any forest land or waste land in the merged territories, which had been recognized by the ruler or any merged state immediately before the date of merger as a reserved forest in pursuance or any law, custom, rule, regulation, order or notification for the time being in force or which has been dealt with as such in any administration report or in accordance with any working plan, or register maintained and acted upon immediately before the said date and has been continued to be so dealt with thereafter, shall be deemed to be reserved forests for the purposes of this act. 2 in the absence of any rule, order or notification under this act, application to the area in question any law, custom, rule, regulation, order or notification mentioned in subsection 1 shall, anything in law to the contrary notwithstanding, be deemed to be validly in force as if he same had the force and effect of rules, orders and notifications made under the provisions of this act and shall continue to so remain in force until superseded, altered or modified in accordance therewith. 3 no report working plan, or register as aforesaid or any entry therein shall be questioned in any court of law provided that the state government have duly certified that such report, working plan, or register had been prepared under the authority of the said ruler before the date of the merger and has been under the authority of the state government continued to be recognized, maintained or acted upon thereafter. 4 forests recognized in the merged territories as khesra forests, village forests or protected forests, or forests other than reserved forests, by whatever name designed or locally known, shall be deemed to be protected forests within the meaning of this act and provisions of subsections 2 and 3 shall mutatis mutandis apply. explanation i working plan includes any plan, scheme, project, maps, drawings and layouts prepared for the purpose of carrying out the operations in course of the working and management of forests. explanation ii ruler includes the darbar administration prior to the date of the merger and state government includes the successor government after the said date.. vide the orissa act 11 of , s.2 uttar pradesh amendment of section 20.for clause b of subsection 1 of section 20 of the principal act, the following shall be substituted, namely b if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals if any presented within such period have been disposed of by the district judge and. vide uttar pradesh act xxiii of , s. 8 addition of new section 20a after section 20 of the principal act, the following new section shall be added, namely: 20a. certain forest land or waste land when deemed to be reserved forest.1 notwithstanding anything contained in this act or in any other law for the time being in force, including the merged states laws act, or the u.p. merged states application of laws act, , or any order issued thereunder, any forest land or waste land in a merged state which immediately before the date of merger hereinafter in this section referred to as the said date, a awas deemed to be a reserved forest under any enactment in force in that state, or b was recognized or declared by the ruler of such state as reserved forest under any law including any enactment, rule, regulation, order, notification, custom or usage having the force of law for the time being in force, or c was dealt with as a reserved forest in any administrative report or in accordance with any working plan or register maintained and acted upon under the authority of the ruler, shall be deemed to be and since the said date to have continued to be a reserved forest subject to the same rights or concession, if any, in favour of any person as were in force immediately before the said date. explanation i a certificate of the state government or of any officer authorised in this behalf to the effect that a report, working plan or register was maintained and acted upon under the authority of the ruler shall be conclusive evidence of the fact that it was so maintained and acted upon. explanation ii any question as to the existence or extent of any right or concession referred to in this subsection shall be determined by the state government, whose decision, given after such enquiry, if any as it thinks fit shall be final. explanation iii working plan includes any plan, scheme, project, map, drawings and layouts prepared, for the purpose of carrying out the operations in the course of the working and management of forests. 2 no right shall be deemed to have been acquired on or after the said date in or over any land mentioned in subsectioni except by succession or under a grant or contract in writing made or entered into by or on behalf of the state government or some person in whom such rights was vested immediately before the said date and no fresh clearings since made for cultivation or for any other purpose except clearings made in accordance with any concessions granted by the ruler and in force immediately before the said date or in accordance with the rules made by the state government in this behalf since the said date shall be recognized as or deemed to be lawful, anything contained in this act or any other law for the time being in force notwithstanding. 3 the state government may within five years from the commencement of the indian forest uttar pradesh amendment act, , revise any arrangement of the nature specified in section 22, and pass any incidental or consequential order, including any direction to the effect that any of the proceedings specified in the foregoing provisions of this chapter be taken. 4 in relation to any land mentioned in subsection 1, the references in sections 24 and 26 a to section 23 shall be construed as references to subsection 2 and b to rights admitted, recorded or continued under section 14 or section 15 shall be construed as references to rights of pasture or to forest produce admitted, recorded or continued in or under the corresponding enactment, law or documents referred to in subsection 1. 5 without prejudice to any action that may be or may have been taken for ejectment, vacation of encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over any land mentioned in subsection 1, or for seizure, confiscation, disposal or release on payment of value or otherwise of any forest produce in respect of which any forest offence has been committed in relation to such land or of any tools, boats, carts, or cattle used in committing such offence, nothing in this section shall be deemed to authorize the conviction of any person for any act done before the commencement of the indian forest uttar pradesh amendment act, , which was not an offence before such commencement. vide uttar pradesh act xxiii of ,s. 9 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 22. of the indian forest act : the 1state government may, within five years from the publication of any notification under section 20. revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings, specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16. state amendment uttar pradesh insertion of a new section 22a in act 16 of .after section 22 as amended in its application to uttar pradesh, hereinafter referred to as the principal act, the following section shall be inserted and shall be deemed to have been inserted with effect from november 23, , namely: 22a. power of revision in other cases.1 without prejudice to the provisions of section 22, the state government may, either of its own motion or on a petition being made in that behalf, call for the record of any appeal decided under section 18, and may confirm the order passed on such appeal, or set it aside, or modify it, or remand the case to the forest settlement officer with such directions as it may think fit. 2 no petition under this section may be made, after november 22, , and the state government may not exercise any power under this section, after the said date. vide uttar pradesh act 11 of , s. 2 substitution of new section for section 22.for section 22 of the principal act, the following shall be substituted, namely 22. powers to revise arrangements made under section 15 or section 18.the state government may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or on appeal under section 18. and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16. vide uttar pradesh act xxiii of ,s. 10 1. subs. by the a.o. , for provincial government.

section 29. of the indian forest act : 1 the 1state government may, by notification in the 2official gazette, declare the provisions of this chapter applicable to any forestland or wasteland which is not included in a reserved forest, but which is the property of government, or over which the government has proprietary rights, or to the whole or any part of the forests produce of which the government is entitled. 2 the forestland and wastelands comprised in any such notification shall be called a protected forests. 3 no such notification shall be made unless the nature and extent of the rights of government and of private persons in or over the forestland or wasteland comprisedtherein have been inquired into and recorded at a survey or settlement, or in such other manner as the 3state government thinks sufficient. every such record shall be presumed to be correct until the contrary is proved: provided that, if, in the case of any forestland or wasteland, the 3state government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to endanger the rights of government, the 3state government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities. state amendment jammu and kashmir and ladakh uts. section 29a. after section 29, insert the following section 29a. undemarcated forests deemed to be protected forests. 1 notwithstanding anything contained in this act or any other law for the time being in force, any undemarcated forest which means and includes all forest land other than demarcated forest which is the property of the government of union territory of jammu and kashmir and is not appropriated for any specific purpose and includes all the undemarcated and berun line forest vested in the forest department under the provisions of section 48 of the jammu and kashmir village panchayat act, or any other law for the time being in force, prior to the appointed day notified under the jammu and kashmir reorganization act, , shall be deemed to be a protected forest under this act. 2 all questions decided, orders issued and records prepared in connection with the constitution of such forest as undemarcated forests shall be deemed to have been decided, issued and prepared under this act, and the provisions of this act relating to protected forests shall apply to forest to which the provision of subsection 1 are applicable. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subs. by the a.o. , for provincial government. 2. subs., ibid, for local official gazette. 3. subs. by the a.o. , for provincial government.

section 23. of the indian forest act : no right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the 1government or some person in whom such right was vested when the notification under section 20 was issued. 1. subs. the a.o. , for crown.

section 25. of the indian forest act : the forestofficer may, with the previous sanction of the 1state government or of any officer duly authorised by it in this behalf, stop any public or private way or watercourse in a reserved forest, provided that a substitute for the way or watercourse so stopped, which the 1state government deems to be reasonably convenient, already exists, or has been provided or constructed by the forestofficer in lieu thereof. 1. subs. by the a.o. , for provincial government.

section 26. of the indian forest act : 1 any person who a makes any fresh clearing prohibited by section 5, or b sets fire to a reserved forest, or, in contravention of any rules made by the 1state government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest or who, in a reserved forest c kindles, keeps or carries any fire except at such seasons as the forestofficer may notify in this behalf d trespasses or pastures cattle, or permits cattle to trespass e causes any damage by negligence in felling any tree or cutting or dragging any timber f fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same g quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forestproduce h clears or breaks up any land for cultivation or any other purpose i in contravention of any rules made in this behalf by the 2state government hunts, shoots, fishes, poisons water or sets traps or snares or j in any area in which the elephants preservation act, 6 of , is not in force, kills or catches elephants in contravention of any rules so made shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting court may direct to be paid. 2 nothing in this section shall be deemed to prohibit a any act done by permission in writing of the forestofficer, or under any rule made by the 2state government or b the exercise of any right continued under clause c of subsection 2 of section 15, or created by grant or contract in writing made by or on behalf of the government under section 23. 3 whenever fire is caused wilfully or by gross negligence in a reserved forest, the 2state government may notwithstanding that any penalty has been inflicted under this section direct that in such forest or any portion thereof the exercise of all rights of pasture or to forestproduce shall be suspended for such period as it thinks fit. state amendments maharashtra amendment of section 26 of act 16 of .in section 26 of the indian forest act, , in its application to the state of maharashtra hereinafter referred to as the principal act, a in subsection 1, i for the words two thousand rupees the words five thousand rupees shall be substituted ii the following proviso shall be added, namely: provided that, in cases where the forestoffence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted for any forestoffence the punishment may extend to double the punishment mentioned in this subsection. b after subsection 1, the following subsection shall be inserted, namely: 1a a the forestofficer may evict form a reserved forest or from any land in a reserved forest any person who, in such forest, trespasses or pastures cattle, or permits cattle to trespass, or clears or breaks up such land for cultivation or for any other purpose, and may demolish any building erected or construction made by such person on such land. b any agricultural or other crops grown, or any building erected or any construction made, by any person on any land in a reserved forest shall be liable to confiscation by an order of the divisional forestofficer. c the provisions of this subsection shall have effect notwithstanding any punishment inflicted under subsection 1: provided that, nothing in the above subsection shall adversely affect the forest rights conferred on the forest dwelling schedule tribes and other traditional forest dwellers under the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2 of and the ownership rights of gram sabha over the minor forestproduce under the provisions of the panchayats extension to the scheduled areas act, 40 of . c for subsection 4, the following subsections shall be substituted, namely: 4 any person who causes resistance or hurt to deter public servants or employees engaged on their behalf from dischargingtheir duties under subsection 1a shall, on convicted, be punished with imprisonment for a term which shall not be less than one year but may extend to six years and also with fine which shall not be less than one thousand rupees. 5 no civil court shall have any jurisdiction in any matter provided for by subsection 1a.. vide maharashtra act 21 of , s. 2. jammu and kashmir and ladakh uts. section 26.in subsection 1 i in clause e, substitute the word dragging with the words dragging or removing ii in clause f, substitute the words the same with the words the same or any forest produce iii for clause h, substitute the following clause, namely: h clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose iv in the long line, for the words six months, or with fine which may extend to five hundred rupees, substitute the words two years, or with fine which may extend to twenty five thousand rupees. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 26in section 26 of the principal act, in subsection 1, i in clause b after the words reserved forest the words or to a forest in the land in respect of which a notification under section 4 has been issued shall be inserted ii in clause e for the word dragging the word removing shall be substituted iii in clause f after the words the same the words or any forest produce shall be inserted iv for the words shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, the words shall, for an act under clause b or clause f or clause g or clause h, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees but which shall not be less than five thousand rupees, or with both and for an act under any of the other clauses, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both, shall be substituted. vide uttar pradesh act, 1 of , s. 3 amendment of section 26.in subsection 1 of section 26 of the principal act, or clause a, the following shall be substituted, namely a makes any fresh clearing or does any other act prohibited by section 5, or vide uttar pradesh act xxiii of , s. 11 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for provincial government.

section 32. of the indian forest act : the 1state government may make rules to regulate the following matters, namely: a the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forestproduce, from protected forests b the granting of licenses to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forestproduce for their own use, and the production and return of such licenses by such persons c the granting of licenses to persons felling or removing trees or timber or other forestproduce from such forests for the purposes of trade, and the production and return of such licenses by such persons d the payments, if any, to be made by the persons mentioned in clauses b and c for permission to cut such trees, or to collect and remove such timber or other forestproduce e the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment shall be made f the examination of forestproduce passing out of such forests g the clearing and breaking up of land for cultivation or other purposes in such forests h the protection from fire of timber laying in such forests and of trees reserved under section 30 i the cutting of grass and pasturing of cattle in such forests j hunting, shooting, fishing, poisoning water and setting traps or snares in such forests, and the killing or catching of elephants in such forests in areas in which the elephants preservation act, 6 of , is not in force k the protection and management of any portion of a forest closed under section 30 and l the exercise of rights referred to in section 29. 1. subs. by the a.o. , for provincial government.

section 28. of the indian forest act : 1 the 1state government may assign to any villagecommunity the rights of government to or over any land which has been constituted a reserved forest, and may cancel such assignment. all forests so assigned shall be called villageforests. 2 the 1state government may make rules for regulating the management of villageforests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forestproduce or pasture, and their duties for the protection and improvement of such forest. 3 all the provisions of this act relating to reserved forests shall so far as they are not inconsistent with the rules so made apply to villageforests. state amendments jammu and kashmir and ladakh uts section 28. i in subsection 1, for the word reserved forest, substitute the words reserved forest or declared a protected forest or is a land which has been entered in settlement records as khalsa land ii in subsection 3 after the words reserved forests, insert the words or protected forests, as the case may be. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated . and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 28 of act xvi of in section 28 of the indian forest act, as amended in its application to uttar pradesh hereinafter called the principal act: 1 in subsection 1 i between the word forest and the comma, the following shall be inserted: or declared a protected forest or is a forest belonging to the government. ii for the full stop occurring at the end, a comma shall be substituted and thereafter the following words and full stop shall be added: and, subject to the rules made under subsection 2 all the provisions of this act relating to reserved forests, protected forests, or forests belonging to the government, shall, as the case may be, apply to them. 2 subsection 3 shall be deleted. vide uttar pradesh act xxi of , s. 2. maharashtra amendment of section 28 of act xvi of .in section 28 of the said act, 1 in subsection 1, after the word village community the words and figures village panchayat established under the bombay village panchayats act, bom. vi of , or cooperative society registered or deemed to be registered under the bombay cooperative societies act, bom. vii of , shall be inserted 2 in subsection 2, after the word community the words ,panchayat or society shall be inserted. vide bombay act xxiv of , s. 3 maharashtra. amendment of section 28 of act xvi of .in section 28 of the principal act, a for the words and figures the bombay village panchayats act, bom. vi of , the words and figures the bombay village panchayats act, bom. iii of , shall be substituted. b for the words and figures the bombay cooperative societies act, bom. vii of , the words and figures the maharashtra societies act, mah. xxiv of , shall be substituted. vide maharashtra act vii of , s. 4 1. subs. by the a.o. , for provincial government.

section 35. of the indian forest act : 1 the 1state government may, by notification in the 2official gazette, regulate or prohibit in any forest or wasteland a the breaking up or clearing of land for cultivation b the pasturing of cattle or c the firing or clearing of the vegetation when such regulation or prohibition appears necessary for any of the following purposes: i for protection against storms, winds, rolling stones, floods and avalanches ii for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel iii for the maintenance of a watersupply in springs, rivers and tanks iv for the protection of roads, bridges, railways and other lines of communication v for the preservation of the public health. 2 the 3state government may, for any such purpose, construct at us own expense, in or upon any forest or wasteland, such work as it thinks fit. 3 no notification shall be made under subsection 1 nor shall any work be begun under subsection 2, until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the 3state government. state amendments maharashtra. amendment of section 35 of act xvi of .in section 35 of the said act, 1 in subsection 3, after the words until after the issue the words by an officer authorised by the state government in that behalf shall be inserted 2 after subsection 3, the following subsection shall be added, namely: 4 a notice to show cause why a notification under subsection 1 should not be made, may require that for any period not exceeding six months, or till the date of the making of a notification, whichever is earlier, the owner or such forest and all persons who are entitled or permitted to do therein any or all of the things, specified in clause i or subsection 1, whether by reasons of any right, title or interest or under any licence or contract or otherwise, shall not, after the date of the notice and for the period or until the date aforesaid, as the case may be, do any or all the things specified in clause i of subsection 1, to extent specified in the notice. 5 a notice issued under subsection 3 shall be served on the owner of such forest in the manner provided in the code of civil procedure, 5 of , for the service of summons and shall also be published in the manner prescribed by rules. 6 any person contravening any requisition made under subsection 4 in a notice to show cause why a notification under subsection 1 should not be made shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both. vide uttarakhand act xxiv of , s. 4. maharashtra. amendment of section 35 of act xvi of .in section 35 of the principal act, i in subsection 4 for the words six months the words one year shall be substituted ii after subsection 5, the following subsection shall be inserted, namely : 5a where a notice issued under subsection 3 has been served on the owner of a forest in accordance with subsection 5, any person acquiring thereafter the right of ownership of that forest shall be bound by the notice as if it had been served on him as an owner and he shall accordingly comply with the notice, requisition and notification, if any, issued under this section. iii after subsection 6, the following subsection shall be inserted, namely : 7 any person contravening any of the provisions of a notification issued under subsection 1 shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both. vide maharashtra act vi of , s. 9. 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette. 3. subs. by the a.o. , for provincial government.

section 30. of the indian forest act : the 1state government may, by notification in the 19official gazette, a declare any trees or class of trees in a protected forests to be reserved from a date fixed by the notification b declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the 1state government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such term, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed or c prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forestproduce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest. 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 31. of the indian forest act : the collector shall cause a translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forests comprised in the notification.

section 34. of the indian forest act : nothing in this chapter shall be deemed to prohibit any act done with the permission in writing of the forestofficer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed tinder section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.

section 33. of the indian forest act : 1 any person who commits any of the following offences, namely: a fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages,any such tree b contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forestproduce c contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest d sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest e leaves burning any fire kindled by him in the vicinity of any such tree or closed portion f fells any tree or drags any timber so as to damage any tree reserved as aforesaid g permits cattle to damage any such tree h infringes any rule made under section 32 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both. 2 whenever fire is caused wilfully or by gross negligence in a protected forest, the state government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forestproduce shall be suspended for such period as it thinks fit. state amendments maharashtra amendment of section 33 of act xvi of .in section 33 of the principal act, in subsection 1, for the words two thousand rupees the words five thousand rupees shall be substituted. vide maharashtra act 21 of , s. 3. jammu and kashmir and ladakh uts. section 33.in subsection 1. i in clause c, after the words or clears, insert the words or attempts to breakup or clear ii in clause f, after the word drags , insert the words or removes iii in the long line for the words six months, or with fine which may extend to five hundred rupees, substitute the words two years, or with fine which may extend to twentyfive thousand rupees. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 33in section 33 of the principal act, in subsection 1, i in clause c after the words or clears the words or, attempts to break up or clear shall be inserted ii in clause f for the word drags the word removes shall be substituted iii for the words six months or with fine which may extend to five hundred rupees, or with both the words two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees shall be substituted. vide uttar pradesh act 1 of , s. 4 uttarakhand amendment of section 33.in section 33 of the principal act, in subsection 1 i in clause c after the words or clears the words or, attempts to breakup or clear shall be inserted ii in clause f for the word drags the word removes shall be substituted iii for the words six months, or with fine which may extend to five hundred rupees, or with both the words two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees shall be substituted. vide uttarakhand act 10 of , s. 4. maharashtra amendment of section 33 of act xvi of .in section 33 of the principal act, after subsection 2, the following subsection shall be inserted, namely: 3 where a person is convicted of an offence under subsection 1, a a forest officer not below the rank of ranger, or b a police officer not below the rank of subinspector, or c a revenue officer not below the rank of mahalkari or tahsildar, may evict him from the protected forest in relation to which he has committed the offence. vide maharashtra act vi of , s. 8. maharashtra amendment of section 33 of act xvi of .in section 33 of the principal act, in subsection 1, for the words six months or with fine which may extend to five hundred rupees, the words one year or with fine which may extend to two thousand rupees, shall be substituted. vide maharashtra act vii of , s. 5.

section 36. of the indian forest act : 1 in case of neglect of, or willful disobedience to, any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that section so require, the1state government may, after notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a forestofficer, and may declare that all or any of the provisions of this act relating to reserved forests shall apply to such forest or land. 2 the net profits, if any, arising from the management of such forest or land shall be paid to the said owner. state amendment maharashtra. insertion of new sections 36a, 36b, and 36c in act xvi of .after section 36 of the said act, the following new sections shall be inserted, namely: 36a. manner of serving notice and order under section 36.the notice referred to in subsection 1 of section 36 and the order, if any, made placing a forest under the control of a forest officer shall be served on the owner of such forest in the manner provided in the code of civil procedure, v of , for the service of summons. 36b. period of control.1 the period of such control of any forest shall be for ten years from the date of the order aforesaid but such period may thereafter by extended for successive periods of not more than years each: provided that the period of such control shall not in the aggregate exceed 30 years from the date of the order. 2 the forest officer, under whose control the forest is placed, shall, not later than six months before the expiry of any period referred to in subsection 1 make a report regarding such control and shall state therein whether in his opinion, any period of control should be extended. decide whether to extend any period of control or whether to terminate it in the manner provided in the next succeeding section. 4 no period of control shall be extended unless the owner has been given reasonable opportunity of showing cause against such extension. 36c. termination of control.1 if the state government decides to terminate any period of control of any forest, if shall, by order published in the official gazette and in such other manner as may be prescribed by rules, so declare and thereupon possession of the forest shall be given to the owner, or if the owner be dead, to any person entitled to such possession, together with any sum of money which may be standing to the credit of such owner 2 all acts done or purported to be done by the forestofficer in respect of any forest placed under his control, during the period of such control or of any extension thereof, shall be binding on the owner of such forest or any person to whom possession of the forest has been delivered under this section. vide bombay act xxiv of , s. 5 1. subs. by the a.o. , for provincial government.

section 37. of the indian forest act : 1 in any case under this chapter in which the 1state government considers that, in lieu of placing the forest or land under the control of a forestofficer, the same should be acquired for public purposes, the 1state government may proceed to acquire it in the manner provided by the land acquisition act, 1 of . 2 the owner of any forest or land comprised in any notification under section 35 may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the 1state government shall acquire such forest or land accordingly. 1. subs. by the a.o. , for provincial government.

section 38. of the indian forest act : 1 the owner of any land or, if there be more than one owner thereof, the owners of shares therein amounting in the aggregate to at least twothirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the collector their desire a that such land be managed on their behalf by the forestofficer as a reserved or a protected forest on such terms as may be mutually agreed upon or b that all or any of the provisions of this act be applied to such land. 2 in either case, the1state government may, by notification in the2official gazette, apply to such land such provisions of this act as it thinks suitable to the circumstances thereof and as may be desired by the applicants. state amendment uttar pradesh amendment of section 38a of act xvi of in section 38a of the principal act: 1 for clause b, the following shall be substituted: b forest means a tract of land covered with trees, shrubs, bushes or woody vegetation whether of natural growth or planted by human agency, and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, streamflow, protection of land from erosion or other such matters, and shall include i land covered with stumps of trees of a forest ii land which is part of a forest or lies within it or was part of a forest or was lying within a forest on the first day of july, iii such pasture land waterlogged or cultivable or noncultivable land, lying within, or adjacent to, a forest, as may be declared to be a forest by the state government. 2 after clause b, the following shall be added as new clause c and d: c forest land means a land covered by a forest or intended to be utilized as a forest and d prescribed means prescribed by rules made under this act. vide uttar pradesh act xxi of , s. 3 amendment of section 38f of act xvi of in section 38f of the principal act, between the figure and letter 38c, and word related the words, figure and letters or 38h shall be inserted. vide uttar pradesh act xxi of , s. 4 amendment of section 58g of act xvi of in section 28 g of the principal act, te word and occurring between the comma and the figure and letter 38d shall be deleted and thereafter between the figure and letter 38a and the word shall, the word, figure and letter and 38 h shall be inserted. vide uttar pradesh act xxi of , s. 5 addition of new section 38h to 38m in act xvi of after section 38g of the principal act, the following shall be added as new sections 38h to 38m: 38h. power to take over management1 whenever it appears to the state government that the taking over of the management of any particular forest, or forest land, is necessary or expedient in the public interest or in order to secure the proper management thereof, particularly with a view to ensure its planned development as a forest, it may by notification in the official gazette do so for all or any of the said purposes for such period not exceeding fifteen years, as may be specified in the notification. 2 no notification under subsection 1 shall be issued until a after the issue of a notice by the forest officer to the claimant or the owner or tenureholder of the forest or forest forest land, as the case may be, affording him reasonable opportunity to show cause, within a period of not less than fourteen days from the date of service of the notice on him to be specified in such notice, why management of the forest or forest land specified therein be not taken over and b objection, if any, have been heard and disposed of by the forest officer in the manner prescribed. 3 the notice referred to in subsection 2 shall be served upon the person concerned in accordance with the provisions of section 38d. 38.i. consequences of notification under section 38h. the state government shall, in respect of a forest, or forest land for which notification under section 38h has been issued i place the forest, or forestland, as the case may be with effect from the date of the notification, in the charge of a forest officer, for carrying out the purposes mentioned in the notification, and thereupon the provisions of section 5 shall mutatis mutandis apply to such a forest or forest land, as the case may be and ii be liable and pay to the claimant or the owner or the tenureholder of the forest, or forest land, as the case may be, the balance of the income, if any, accruing to it therefrom, for the period commencing from the date of notification till the date it is released under section 38l after deducting therefrom such percentage of it, not exceeding twenty, as may be prescribed, for cost of management and the amount, if any spent by the state government on its development. 38j. payment in respect of forest already in possession of the state government in the case of forest, possession whereof was taken over by the state government prior to the commencement of the indian forest u.p. amendment act, , and the management whereof, is takenover in accordance with the provisions of section 38h, the state government shall, in the absence of a contract between the state government and the person concerned to the contrary, be liable to pay, for the period commencing from the date of possession till the issue of the notification under the said section the balance of income accruing therefrom in accordance with the provisions of section 38i ii as if the provisions of the aforesaid act has been in force at all material dates and the management of such forest had been assumed on the date of taking over possession thereof anything contained in any other law, custom, usage for the time being in force or contract to the contrary notwithstanding. 38k. permission to cultivate areas lying within a forest or forest land taken over under this act 1 the state government may, where it is satisfied that it is necessary so to do in the public interest on the application of the person whose forest or forest land, as the case may be, has been taken over under section 38h, allow him to cultivate such part of it, not being in excess of one fifth of the total area of such forest or forest land, as the case may be, and such period, not being beyond the period of its management, as may be satisfied in the order granting the permission. 2 an application under subsection 1 shall be submitted to the forest officerincharge of the forest or the forest land, as the case may be, who shall forward the same, with his recommendations thereon, to the state government. 3 the decision of the state government on the application under subsection 2 shall be final and be not questioned in any court of law. 38l. release of a forest or forest land from managementthe state government may, at any time by notification in the official gazette, release from its management any forest or forest land, as the case may be, takenover under section 38h and thereupon the forest or the forest land, as the case may be, shall ceases to be under the management of the state government, and the liability of the state government in respect of the forest or the forest land, as the case may be, shall cease with effect from the date of release in the notification. 38m. powers to make rules1 the state government may after previous publication in the official gazette, make rules to carry out the purposes of this act. 2in particular and without prejudice to the generality of the foregoing power, such rules may a provide for the items for which and the manner in which, the cost of management shall be calculated b prescribe the procedure for the hearing and disposal of objections under this act c prescribe the mode of management or development of the forest or the forest land taken over under this act d prescribe the form of application under section 38k and the particulars that must be given therein and e prescribe any other matters which are to be, and may be, prescribed under this act. 3 all rules made under this act shall, soon as may be after they are made, be laid before each house of the legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the official gazette, subject to such modifications or annulments as the two houses of the legislature may agree to make so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. vide uttar pradesh act xxi of , s. 6 insertion of a new chapter va in act xvi of after chapter v of the indian forest act, the following shall be added as a new chapter va: chapter va of the control over forests of claimants 38a. definition in this chapter unless there is anything repugnant in the subject or context: a claimant as respects any land means a person claiming to be entitled to the land or any interest therein acquired, owned, settled or possessed or purported to have been acquired, owned, settled or possessed whether under, through or by any lease or licence executed prior to the commencement of the u.p. zamindari abolition and land reforms act, , or under and in accordance with any provision of any enactment, including b forest includes i any land covered by trees and shrubs, and ii pasture lands. 38b. power to regulate or prohibit breaking or clearing, etc.1 the state government may by notification in the official gazette regulate or prohibit in any forest situate in or upon any land of a claimant a the breaking up or clearing of the land for cultivation or any other purpose b the firing or clearing of the vegetation c the girdling or trapping of burning of any tree or the stripping off the bark from any tree d the lopping and pollarding of trees: e the cutting, sawing conversion or the removal of treeswhere such regulation or prohibition appears necessary i for the conversation of trees and forests or ii for the improvement of grazing or iii for the maintenance, increase and distribution of supply of fodder, timber or fuel, or iv for the protection of land against erosion or v for subserving the interests of the general public. 2 no notification shall be made under subsection 1 until after the issue of a notice to the claimant of the land calling on him to show cause within a reasonable period, not less than fourteen days and not exceeding thirty days, to be specified in such notice, why such notification should not be made, and until objections, if any, and any evidence he may produce in support of the same, have been heard by an officer not below the rank of an assistant collector of the first class appointed in that behalf and considered by the state government. 3 it shall be lawful for the state government to make the notification under subsection 1 either in respect of any particular forest or generally in respect of all forest situate in an area. 38c. prohibition or regulation in emergent cases where it is proposed to issue a notification in respect of any forest or generally all the forests in any area under section 38b and the state government is satisfied that immediate action is necessary to prevent the doing of all or any of the acts mentioned in clauses a to e of subsection 1 of the said section, it may by notification in the official gazette prohibit the doing except as and in the manner specified, of such act in respect of that forest or, as the case may be, generally all forests situate in any area as may be specified and, thereupon, no person shall, notwithstanding any claim, right, agreement, custom, usage or law to the contrary, do any of the said acts in such forest or forests until expiry of six months from the date of the notification and until the objection, if any, filed in pursuance of the notice under subsection 2, of section 33b, has been heard and considered by the state government. 38d. service of notice the notice under subsection 2 of section 38d shall a in case of a notification affecting an individual person not being a corporation, firm or body of persons be served on that person i personally by delivering or tendering to his the notice, or ii by registered post, or iii where the person cannot be found, by leaving an authentic copy of the notice with some adult male member or by affixing such copy in some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain, and b in the case of a notification of a general nature in relation to all forests in an area, be served by publication in the official gazette and it shall not be necessary, unless the state government so directs, to serve the notice individually on the claimants. 38e. application of section 36 of act xvi of the provisions of section 36 shall mutatis mutandis apply to any regulation or prohibition notified under section 38b or 38c. 38f. penalties any person who i fell, girdles, lops, taps, pollards or burns any tree or strips off the bark or otherwise damages any tree, or breaks up or clears for cultivation or any other purpose, any land in the forest to which the notification under section 38b or 38c relates, or ii sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading, or iii permits cattle to damage any such tree, shall be punished with imprisonment for a term which may extend to six months or with fine or with both. 38g. savings the powers conferred by sections 38b, 38c, and 38d shall be in addition to and not in derogation of any other powers conferred on any authority by or under any other provision of this act. vide uttar pradesh act v of , s. 2 amendment of section 38d of act xvi of . in section 38d of the indian forest act, as amended in its application to uttar pradesh hereinafter called the principal act, for the word and and the comma preceding it in subclause iii of clause a semicolon shall be substituted and thereafter the following new clause aa shall be inserted: aa in case of a notification affecting a corporation , firm or body of persons, be served on the manager, principal officer or agent thereof in the manner provided in clause a and. vide uttar pradesh act xi of , s. 2 amendment of section 38f of act xvi of .in section 38f of the principal act, for clause i of following shall be substituted. i breaks up or clears any land for cultivation or any other purpose, fires or clears any vegetation, girdles, taps, burns, lops, pollards, fells, cuts, saws, converts or removes any tree, or strips off the bark from any tree, in any forest in respect of which a notification under section 338 of 38c or 38h has been issued, or does any of the aforesaid acts in contravention of the provisions contained in subsection 4 of section 38h, or. vide uttar pradesh act xi of , s. 3 amendment of section 38h of act xvi of .in section 38h of the principal act, after subsection 3 the following shall be added as subsection 4 thereof: 4 no person shall, after the service of the notice referred to in subsection 2, do or permit or cause to be done, save with the permission of the forest officer, any of the following acts on or in respect of such forest or forest land, namely a the breaking up or clearing of the land for cultivation or any other purpose b the firing or clearing of the vegetation c the girdling or tapping or burning of any tree or the stripping off of the bark from any tree d the lopping or pollarding of trees e the felling, cutting, sawing, conversion or removal of trees until i where objections under clause a of subsection 2 have been filed, the disposal thereof under clause b of that subsection and thereafter, unless the objections have been allowed, for a further period of six months or the publication of the notification under subsection 1, whichever is earlier ii where no objections under clause a of subsection 2 have been filed, the publication of the notification under subsection 1 or the expiry of six months from the date of service of the notice, whichever is earlier. vide uttar pradesh act xi of , s. 4 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 42. of the indian forest act : 1 the 1state government may by such such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both. 2 such rules may provide that penalties which are double of those mentioned in subsection 1 may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence. state amendments maharashtra amendment of section 42 of act 16 of .in section 42 of the principal act, in subsection 1, for the words two thousand rupees the words five thousand rupees shall be substituted. vide maharashtra act 21 of , s. 4. jammu and kashmir and ladakh uts. section 42. in subsection 1, for the words six months and five hundred rupees, substitute the words two years and twentyfive thousand rupees respectively. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 42in section 42 of the principal act, for subsection 1, the following subsection shall be substituted, namely: 1 the state government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to two years, or fine which may extend to five thousand rupees or both. vide uttar pradesh act 1 of , s. 5 uttarakhand amendment of section 42.in section 42 of the principal act, in subsection 1, or the words six month, or fine which may extend to five hundred rupees the words two years, or fine which may extend to five thousand rupees shall be substituted. vide uttarakhand act 10 of , s. 5 maharashtra amendment of section 42 of act xvi.in section 42 of the principal act, in subsection 1, for the words six months or with fine which may extend to five hundred rupees, the words one year or with fine which may extend to two thousand rupees, shall be substituted. vide maharashtra act vii of , s. 6 1. subs. by the a.o. , for provincial government.

section 39. of the indian forest act : 1 the 1central government may levy a duty in such manner, at such places and at such rates as it may declare by notification in the 2official gazette on all timber or other forestproduce a which is produced in 3the territories to which this act extends, and in respect of which the 4government has any right b which is brought from any place outside 3the territories to which this act extends: 5 2 in every case in which such duty is directed to be levied ad valorem, the 1central government may fix by like notification the value on which such duty shall be assessed. 3 all duties on timber or other forestproduce which, at the time when this act comes into force in any territory, are levied therein under the authority of the 6state government, shall be deemed to be and to have been duly levied under the provisions of this act. 74 notwithstanding anything in this section, the 6state government may, until provision to the contrary is made by 8parliament, continue to levy any duty which it was lawfully levying before the commencement9 of 10the constitution, under this section as then in force: provided that nothing in this subsection authorises the levy of any duty which as between timber or other forestproduce of the 11state and similar produce of the locality outside the 11state discriminates in favour of the former, or which, in the case of timber or other forestproduce of localities outside the 11state, discriminates between timber or other forestproduce of one locality and similar timber or other forestproduce of another locality. 1. subs. by the a.o. , for l.g.. 2. subs. ibid., for local official gazette. 3. subs. by the a.o. no. 3 , for part a states and part c states. 4. subs. by the a.o. , for crown. 5. the proviso rep. by the a.o. . 6. subs. by the a.o. , for provincial government. 7. ins. by the a.o. . 8. subs. by the a.o. , for the central legislature. 9. that is, 26th january, . 10. subs. by the a.o. , for the part iii of the government of india act, . 11. subs. ibid., for province.

section 40. of the indian forest act : nothing in this chapter shall be deemed to limit the amount, if any, chargeable as purchasemoney or royalty on any timber or other forestproduce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.

section 41. of the indian forest act : 1 the control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forestproduce in transit by land or water, is vested in the 1state government, and it may make rules to regulate the transit of all timber and other forestproduce. 2 in particular and without prejudice to the generality of the foregoing power such rules may a prescribe the routes by which alone timber or other forestproduce may be imported, exported or moved into, from or within 2the state b prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass c provide for the issue, production and return of such passes and for the payment of fees therefore d provide for the stoppage, reporting, examination and marking of timber or other forestproduce in transit, in respect of which there is reason to believe that any money is payable to the3government on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this act to affix a mark e provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it, and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots f prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forestproduce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed g provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the same h prohibit absolutely or subject to conditions, within specified local limits, the establishment of sawpits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber i regulate the use of property marks for timber, and the registration of such marks prescribe the time for which such registration shall hold good limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration. 3 the state government may direct that any rule made under this section shall not apply to any specified class of timber or other forestproduce or to any specified local area. state amendment uttar pradesh amendment of section 41.in section 41 of the principal act, after subsection 2 the following new subsections shall be added, namely 2a the state government may by notification in the gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any forest officer, not below the rank of conservator, the power to prescribe fees under clause c of subsection 2. 2b notwithstanding any judgment, decree or order of any court, any rule purporting to have been made by a conservator before the commencement of the indian forest uttar pradesh amendment act, , prescribing fees to be paid in respect of passes specified in clause b of subsection 2 shall be deemed to have been made under a power delegated under subsection 2a as if the provisions of subsection 2a were always in force and the conservator were duly authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the state government or a duly authorised conservator, as the case may be: provided that nothing in this subsection shall be deemed to authorise the prosecution or punishment of any person under section 42 for any act done before the commencement of the said act. vide uttar pradesh act xxiii of , s. 13 maharashtra amendment of section 41 of act xvi of .in section 41 of the indian forest act, xvi of in this application to the state of maharashtra, in subsection 2, after clause h, the following new clause shall be inserted, namely: hh regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eight kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licences may be granted vide maharashtra act xv of , s. 2 amendment of section 41 of act xvi of .in section 41 of the indian forest act, , in its application to the state of maharashtra, a after subsection 1, the following subsection shall be inserted and shall be deemed to have been inserted, with effect from the 12th day of september,, namely: 1a notwithstanding anything contained in any law for the time being in force, the state government may make rules to regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timer in a saw mill and prescribe fees and conditions, subject to which such licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may filed. b in subsection 2, clause hh shall be deleted, and shall be deemed to have been deleted, with effect from the 10th day of february, . vide maharashtra act xxiii of , s. 2 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for british india. 3. subs. by the a.o. , for crown

section 46. of the indian forest act : public notice shall from time to time be given by the forestofficer of timber collected under section 45. such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim.

section 41a. of the indian forest act : 141a. powers of central government as to movements of timber across customs frontiers. notwithstanding anything in section 41, the central government may make rules to prescribe the route by which alone timber or other forestproduce may be imported, exported or moved into or from2 the territories to which this act extends across any customs frontier as defined by the central government, and any rules made under section 41 shall have effect subject to the rules made under this section. 1. ins. by the a.o. . 2. subs. by the a. o. no. 3 , for part a states and part c states.

section 48. of the indian forest act : if no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the 1government, or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him. 1. subs. by the a.o. , for crown.

section 43. of the indian forest act : the1government shall not be responsible for any loss or damage which may occur in respect of any timber or other forestproduce while at a depot established under a rule made under section 41, or while detained elsewhere, for the purposes of this act and no forestofficer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently. 1. subs. by the a.o. , for crown.

section 44. of the indian forest act : in case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the 1government or by any private person, shall render assistance to any forestofficer or policeofficer demanding his aid in averting such danger or securing such property from damage or loss. 1. subs. by the a.o. , for crown.

section 45. of the indian forest act : 1 all timber found adrift, beached, stranded or sunk all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise and in such areas as the 1state government directs, all unmarked wood and timber shall be deemed to be the property of government, unless and untill any person establishes his right and title thereto, as provided in this chapter. 2 such timber may be collected by any forestofficer or other person entitled to collect the same by virtue of any rule made under s ion 51, and may be brought to any depot which the forestofficer may notify as a depot for the reception of drift timber. 3 the 1state government may, by notification in the 2official gazette, exempt any class of timber from the provisions of this section. 1. subs.,ibid., for provincial government. 2. subs. by the a.o. , for local official gazette.

section 47. of the indian forest act : 1 when any such statement is presented as aforesaid, the forestofficer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant. 2 if such timber is claimed by more than one person, the forestofficer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the civil courts, and, retain the timber pending the receipt of an order from any such court for its disposal. 3 any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him but no person shall recover any compensation or costs against the 1government, or against any forestofficer, on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section. 4 no such timber shall be subject to process of any civil, criminal or revenue court until it has been delivered, or a suit has been brought, as provided in this section. 1. subs. by the a.o. , for crown.

section 49. of the indian forest act : the 1government shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no forestofficer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently. 1. subs. by the a.o. , for crown.

section 50. of the indian forest act : no person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the forestofficer or other person entitled to receive if such sum on account thereof as may be due under any rule made under section 51.

section 56. of the indian forest act : when the trial of any forestoffence is concluded, any forestproduce in respect of which such offence has been committed shall, if it is the property of 1government or has been confiscated, be taken charge of by a forestofficer, and, in any other case, may be disposed of in such manner as the court may direct. state amendments maharashtra. amendment of section 56 of act 16 of .in section 56 of the principal act, for the word forfeited the word confiscated shall be substituted. vide maharashtra act 21 of , s. 7. jammu and kashmir and ladakh uts. section 56.for the words when the trial of, substitute the words, figures and letter, without prejudice to the provisions of section 52c, when the trial of. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated .. maharashtra. amendment of section 56 of act xvi of .in section 56 of the principal act, a for the word confiscated the word forefeited shall be substituted b for the words in any other case, may be disposed of the words, figures and letters in any other may, subject to section 61g, be disposed of shall be substituted. vide maharashtra act vii of , s. 11. 1. subs. by the a.o. , for crown.

section 51. of the indian forest act : 1 the state government 1may, bynotification in the official gazette, make rules to regulate the following matters, namely: a the salving, collection and disposal of all timber mentioned in section 45 b the use and registration of boats used in salving and collecting timber c the amounts to be paid for salving, collecting, moving, storing or disposing of such timber and d the use and registration of hammers and other instruments to be used for marking such timber. 21a every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 2 the 3state government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both. state amendment jammu and kashmir and ladakh uts. section 51.in subsection 2, for the words six months, or with fine which may extend to five hundred rupees, substitute the words two years, or with fine which may extend to twentyfive thousand rupees. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . tripura. insertion of new section 51a. after section 51 of the principal act the following section shall be inserted, namely : 51a.power to regulate manufacture and preparation of articles based on forest produce.1 the state government may make rules,a to provide for the establishment, and regulation by licence, permit or otherwise and the payment of fees therefor, of saw mills and other units including factories engaged in the manufacture of preparation of the following articles: i katha catechu or kuth out of khair wood ii plywood, veneer and woodpanel products iii preparation of matchboxes and match splints iv boxes including packing cases made out of wood v such other articles based on forest produce as the state government may, by notification in the official gazette, from time to time, specify b to provide for the regulation by licence, permit or otherwise, of procurement of raw materials for the preparation of the article mentioned in clause a, the payment and deposit of fees therefor and for due compliance of the conditions thereof, the forfeiture of the fee so deposited or any part thereof for contravention of any such condition, and the adjudication of such forfeiture by such authority as the state government may, by notification in the official gazette, specify. 2 the state government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees or both. vide tripura act 10 of , s. 4. 1. subs. by act 4 of , s. 2 and the schedule, for may make rules. 2. ins. by s. 2 and the schedule, ibid. 3. subs. by the a.o. , for provincial government.

section 52. of the indian forest act : 1 when there is reason to believe that a forestoffence has been committed in respect of any forestproduce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, maybe seized by any forestofficer or policeofficer. 2 every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made: provided that, when the forestproduce with respect to which such offence is believed to have been committed is the property of government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. state amendments maharashtra amendment of section 52 of act 16 of .in section 52 of the principal act, a subsection 1a shall be deleted b in the marginal note, the words and forfeiture shall be deleted. vide maharashtra act 21 of , s. 5. tripura. amendment of section 52.in subsection 1 of section 52 of the principal act, the words carts or cattle, the words and mark carts, vehicles or cattle shall be substituted. vide tripura act 10 of , s. 5. jammu and kashmir and ladakh uts. section 52.substitute section 52 with the following section, namely: 52. seizure of property liable to confiscation and procedure thereof. 1 when there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a forest officer or police officer. 2 every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the divisional forest officer hereinafter referred to as the authorised officer: provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. 3 subject to subsection 5, where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from trespass act, 1 of , shall apply in respect of the charges to be levied for the upkeep and fee of whom the property is seized and to the conservator of forest circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized. 4 no order confiscating any property shall be made under subsection 3 unless the authorised officer, a sends an intimation in writing about initiation of proceedings for confiscation of the property to the magistrate having jurisdiction to try the offence on account of which the seizure has been made b issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property c affords an opportunity to the persons referred to in clause b of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation and d gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause b, a hearing on date to be fixed for such purpose. 5 no order of confiscation under subsection 3 of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article other than timber or forest produce seized shall be made if any person referred to in clause b of subsection 4 proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of objects aforesaid for commission of forest offence. 6 where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence: provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a forest officer not below the rank of range officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction. 7 the provisions of the cattle trespass act, 1 of , shall apply in respect of the chargesto be levied for the upkeep and fee of the cattle. insertion of section 52a to 52d. after section 52, insert the following sections, namely: 52a. revision before court of sessions against order of confiscation. 1 any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, within thirty days of knowledge of such order submit a petition for revision to the court of sessions division whereof the headquarters of authorised officer are situated. explanation i.in computing the period of thirty days under this subsection, the time required for obtaining certified copy of the order of authorised officer shall be excluded. explanation ii.for the purposes of this subsection a party shall be deemed to have knowledge of the order of confiscation under section 52 on publication of such order in two daily newspapers having circulation in the state. 2 the court of sessions may confirm, reverse or modify any final order of confiscation passed by the authorised officer. 3 copies of the order passed in revision shall be sent to the authorised officer for compliance or passing such further order or for taking such further orders or for taking such further action as may be directed by such court. 4 for entertaining, hearing and deciding a revision under this section, the court of sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the code of criminal procedure, . 5 notwithstanding anything to the contrary contained in the code of criminal procedure, 2 of the order of court of sessions passed under this section shall be final and shall not be called in question before any court. 52b. bar to jurisdiction of courts etc. under certain circumstances.1 on receipt of report under subsection 4 of section 52 about intimation of proceedings for confiscation of property by the magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no court, tribunal or authority other than authorised officer and court of sessions referred to in sections 52 and 52a shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this act, or any other law for the time being in force. explanation.where under any law for the time being in force, two or more courts have jurisdiction to try the forest offences, then receipt of intimation under subsection 4 of section 52 by one of the courts shall operate as bar to exercise jurisdiction on all such other courts. 2 nothing in subsection 1 shall affect the power saved under section 61 of the act. 52c. power of search and seizure.1 any forest officer or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle. 2 any forest officer not below the rank of range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this act, in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation: provided that such search shall not be conducted otherwise than in accordance with the provisions of the code of criminal procedure, . 52d. penalty for forcibly opposing seizure.whosoever opposes the seizure of any forestproduce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to be seized under this act, or forcibly receives the same after seizure, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . tripura. insertion of new section.after section 52 of the principal act, the following new section shall be inserted, namely: 52a. confiscation of saw mill etc.1 where a saw mill is established, maintained or operated without a licence or without renewal of a licence the authorised officer may order confiscation of the stock of wood together with whole or portion of the plants, machinery, implements, tools, and equipments of the saw mill. 2 where the authorised officer seizes under subsection 1 of secion 52 any forest produce or where any such property is produced before the authorised officer after seizure by any forest officer and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, equipments, ropes, chains, boats, carts, vehicles and cattle used in committing such offence. 3 no order confiscating any property shall be made under subsection 1 or subsection 2 unless the person from whom the property is seized and in case the owner of such property is known, such person is given a a notice in writing informing him the grounds on which it is proposed to confiscate such property b an opportunity of making representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation and c a reasonable opportunity of being heard in the matter. 4 any forest officer not below the rank of conservator of forsts empowered by the state government in this behalf by notification, may within 30 days from the date of order of confiscation by the authorised officer under subsection 1 or subsection 2 either suomoto or on application, call for and examine the records of that order and may make such inquiry or cause such inquiry to be made and pass orders as he may think fit. provided that no order prejudical to any person shall be passed without giving him an opportunity of being heard. 5 any persons aggrieved by an order passed under subsections l, 2 or 4 may within thirty days from the date of communication to him of such order, appeal to the district court having jurisdiction over the area in which the property has been seized and the district court shall after giving an opportunity to the parties to be heard pass such order as it may think fit and the order of the district court so passed shall be final. where an order of confiscation of any property passed under subsection 1 or subsection 2 or subsection 4 has become final in respect of the whole or any portion of such property such property or the portion there of as the case may be shall vest in the state government free from all encumbrances. explanation.for the purposes of this section authorised officer means an officer not below the rank of assistant conservator of forest authorised by the state government by notification. vide the tripura act 8 of , s. 3 uttar pradesh amendment of section 52in section 52 of the principal act, i in subsection 1, for the words vehicles or cattle the words vehicles, cattle, ropes, chains or other articles shall be substituted ii for subsection 2, the following subsections shall be substituted, namely 2 any forest officer or police officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question. 3 every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the state government, shall also make a report to the authorised officer. vide uttar pradesh act 1 of , s. 6 amendment of sections 52, 53 and 55 of act xvi of in subsection 1 of section 52 and section 53 and 55 of the principal act, for the word carts wherever occurring the word vehicles shall be substituted. vide uttar pradesh act xxi of , s. 7 insertion of new sections 52a, 52b, 52c and 52d 52a. procedure on seizure1 notwithstanding anything contained in this act or any other law for the time being in force where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the state government, the officer seizing the property under subsection 1 of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence, before an officer, not below the rank of a divisional forest officer, authorised by the state government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them. 2 the authorised officer shall, without any undue delay, forward a copy of the order made under subsection 1 to his official superior. 3 where the authorised officer passing an order under subsection 1 is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior. 4 no order under subsection 1 shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property: provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice. 5 no order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be made if any person referred to in subsection 4 proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable recautions had been taken against use of the objects aforesaid for the commission of the forest offence. 52b. appealany person aggrieved by an order of confiscation may, with in thirty days of the date of communication to him of such order, prefer an appeal to the state government and the state government shall, after giving an opportunity of being heard to the appellant and the authorised officer pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the state government shall be final. 52c. order of confiscation not to prevent any other punishmentno order of confiscation under section 52a or 52b shall prevent the indication of any punishment to which the person affected thereby may be liable under this act. 52d. bar of jurisdiction in certain casesnotwithstanding anything to the contrary contained in this act or in the code of criminal procedure, or in any other law for the time being in force, whenever any forest produce belonging to the state government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under subsection 1 of section 52, the authorised officer under section 52a or the state government under section 52b shall have jurisdiction, to the exclusion of every other officer, court, tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property. vide uttar pradesh act 1 of , s. 7. uttarakhand. amendment of section 52.in section 52 of the principal act i in subsection 1, for the words carts or cattle the words vehicles, cattle, ropes, chains or other articles shall be substituted ii for subsection 2, the following subsections shall be substituted, namely: 2 any forest officer or police officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question. 3 every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the state government, shall also make a report to the authorised officer. . vide uttarakhand act 10 of , s. 6 insertion of new section 52a, 52b, 52c and 52d.after section 52 of the principal act, the following sections shall be inserted, namely: 52a. procedure on seizure.1 notwithstanding anything contained in this act or any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the state government, the officer seizing the property under subsection 1 of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an officer, not below the rank of a divisional forest officer, authorised by the state government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them. 2 the authorised officer shall, without any undue delay, forward a copy of the order made under subsection 1 to his official superior. 3 where the authorised officer passing an order under subsection 1 is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every sale to his official superior. 4 no order under subsection 1 shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property : provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice. 5 no order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be made if any person referred to in subsection 4 proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence. 52b. appeal.any person aggrieved by an order of confiscation may, within thirty days of the date of communication to him of such order, prefer an appeal to the conservator of forests of the circle who shall, after giving an opportunity of being heard to the appellant and the authorised officer, pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the conservator of forests of the circle shall be final. 52c. order of confiscation not to prevent any other punishment.no order of confiscation under section 52a or 52b shall prevent the infliction of any punishment to which the person affected thereby may be liable under this act. 52d. bar of jurisdiction in certain cases.notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, or in any other law for the time being in force, whenever any forest produce belonging to the state government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under subsection 1 of section 52, the authorised officer under section 52a or the state government under section 52b shall have jurisdiction, to the exclusion of every other officer, court, tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property. . vide uttarakhand act 10 of , s. 7 amendment of section 52 of act xvi of .in section 52 of the principal act, a after subsection 1, the following subsection shall be inserted namely : 1a any forest officer or police officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may be reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle b in subsection 2 after the words on such property, the words and brackets or the receptacle or vehicle if any in which it is contained, shall be inserted ii after the proviso, the following shall be added, namely : provided further that, where the offence on account of which the seizure has been made in respect of timber, sandalwood, firewood, charcoal or such other forest produce as may be notified by the state government, from time to time hereinafter referred to as the notified forest produce and which is the property of the state government, such officer shall make a report of such seizure also to the concerned authorised officer under section 61a. explanation.for the purposes of this chapter, the expression property of government and property of the state government include the property belonging to the forest development corporation of maharashtra, limited c in the marginal note, for the word confiscation the words confiscation and forfeiture shall be substituted. vide maharashtra act vii of , s. 7. maharashtra. amendment of sections 52, 53 and 55 act xvi of .in sections 52, 53 and 55 of the indian forest act, xvi of , for the word carts, wherever it occurs, the word vehicles shall be substituted. vide maharashtra act xxv of , s. 2.

section 54. of the indian forest act : upon the receipt of any such report, the magistrate shall, with all convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law. state amendments jammu and kashmir and ladakh uts. section 54.for section 54, substitute the following section, namely: 54 receipt of report of seizure by magistrate and procedure thereupon. upon the receipt of any report under subsection 4 of section 52, the magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: provided that before passing any order for disposal of property the magistrate shall satisfy himself that no intimation under subsection 4 of section 52 has been received by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . maharashtra. substitution of section 54 of act xvi of .for section 54 of the principal act, the following section shall be substituted, namely: 54. procedure on receipt by magistrate of report of seizure. upon the receipt of any report under subsection 4 of section 52, the magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: vide maharashtra act vii of , s. 9

section 53. of the indian forest act : any forestofficer of a rank not inferior to that of a ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made. state amendment jammu and kashmir and ladakh uts. section 53.for section 53, substitute the following section, namely: 53 power to release property seized under section 52. any forest officer of a rank not inferior to that of a range officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the magistrate having jurisdiction to try the offence or by the authorised officer empowered under subsection 2 of section 52, on account of which the seizure has been made: provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same supardnama to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the magistrate having jurisdiction to try the offence or before the authorised officer empowered under subsection 2 of section 52, on account of which the seizure has been made. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . state amendment orissa amendment of sections 52 and 53, 16 of .in section 52 and 53 of the said act, for the word carts wherever it occurs the word vehicle shall be substituted. vide the orissa act 11 of , s. 3 tripura. amendment of section 53.in section 53 of the principal act, for the words carts or cattle, the words and mark carts, vehicles or cattle shall be substituted. vide the tripura act 10 of , s. 6 uttar pradesh amendment of section 53in section 53 of the principal act, i for the words vehicles or cattle the words vehicles, cattle, ropes, chains or other articles shall be substituted. ii after the words the seizure has been made the words except in respect of cases falling under section 52a for which the procedure laid down in that section shall be followed shall be inserted. vide uttar pradesh act 1 of , s. 8

section 58. of the indian forest act : the magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold. state amendment jammu and kashmir and ladakh uts. section 58.for section 58, substitute the following section, namely: 58. procedure as to perishable property seized under section 52. the authorised officer under subsection 2 of section 52, or the magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 58ins section 58 of the principal act, for the words the magistrate may, notwithstanding anything hereinbefore contained, the words notwithstanding anything hereinbefore contained, but subject to subsection 3 of section 52a, the magistrate may, shall be substituted. vide uttar pradesh act 1 of , s. 11 uttarakhand. amendment of section 58.in section 58 of the principal act for the words the magistrate may, notwithstanding anything herein before contained, the words, notwithstanding anything hereinbefore contained, but subject to subsection 3 of section 52a, the magistrate may shall be substituted. vide uttarakhand act 10 of , s. 11 maharashtra. substitution of section 58 of act xvi of .for section 58 of the principal act, the following section shall be substituted namely: 58. procedure as to perishable seized under section 52.the forestofficer who made the seizure under section 52 may, notwithstanding anything contained in this act or any other law, sell any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.. vide maharashtra act vii of , s. 13

section 55., when liable to confiscation. of the indian forest act : 1 all timber or forestproduce which is not the property of 1government and in respect of which a forestoffence has been committed, and all tools, boats, carts and cattle used in committing any forestoffence, shall be liable to confiscation. 2 such confiscation may be in addition to any other punishment prescribed for such offence. state amendments maharashtra amendment of section 55 of act 16 of .in section 55 of the principal act, a in subsection 1, for the words shall be liable by order of the convicting court to forfeiture the words shall be liable to confiscation shall be substituted b in subsection 2, for the word forfeiture the word confiscation shall be substituted c in the marginal note, for the word forfeiture the word confiscation shall be substituted. vide maharashtra act 21 of , s. 6. jammu and kashmir and ladakh uts. section 55. for subsection 1, substitute the following subsection: 1 all timber or forest produce which in either case is not the property of the government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52a and 52b, be liable to confiscation upon conviction of the offender for such offence. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 55in section 55 of the principal act, in subsection 1 for the words vehicle and cattle used in committing any forest offence the words vehicles, cattle, ropes, chains and other articles used in committing such forest office shall be substituted. vide uttar pradesh act 1 of , s. 9. uttarakhand. amendment of section 55.in section 55 of the principal act, in subsection 1 for the words carts and cattle used in committing any forest offence the words vehicles, cattle, ropes, chains and other articles used in committing forest offence shall be substituted. vide uttarakhand 10 of , s. 9. maharashtra. amendment of section 55 of act xvi of .in section 55 of the principal act, a in subsection 1, for the words shall be liable to confiscation, the words, figures and letter shall, subject to section 61g, be liable by order of the convicting court to forfeiture., shall be substituted b in subsection 2, for the word confiscation the word forfeiture shall be substituted c in the marginal note, for the word confiscation the word forefeiture shall be substituted. vide maharashtra act vii of , s. 10. maharashtra. amendment of sections 52,53 and 55 act xvi of .in sections 52, 53 and 55 of the indian forest act, xvi of , for the word carts, wherever it occurs, the word vehicles shall be substituted. vide maharashtra act xxv of , s. 2. 1. subs., ibid., for crown.

section 57. of the indian forest act : when the offender is not known or cannot be found, the magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the forestofficer or to be made over to the person whom the magistrate deems to be entitled to the same: provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. state amendments maharashtra amendment of section 57 of act 16 of .in section 57 of theprincipal act, for the word forfeited the word confiscated shall be substituted. vide maharashtra act 21 of , s. 8. jammu and kashmir and ladakh uts. section 57.for section 57, substitute the following section, namely: 57. procedure when the offender is not known or cannot be found. when the offender is not known or cannot be found the magistrate may, if he finds that an offence has been committed, but subject to section 52b, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the forest officer, or to be made over to the person whom the magistrate deems to be entitled to the same: provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 57in section 57 of the principal act, for the words the magistrate may the words the magistrate, subject to section 52d may. shall be substituted. vide uttar pradesh act 1 of , s. 10 uttarakhand. amendment of section 57.in section 57 of the principal act, for the words the magistrate may the words the magistrate, subject to section 52d, may shall be substituted. vide uttarakhand act 10 of , s. 10 maharashtra. amendment of section 57 of act xvi of . in section 57 of the principal act, for the portion beginning with the words the magistrate may and ending with the words to be confiscated the following shall be substituted, namely: the magistrate may, if he finds that an offence has been committed, but subject to section 61g, order the property in respect of which the offence has been committed, to be forfeited together with tools, boats, vehicles or cattle and other articles used in committing the offence.. vide maharashtra act vii of , s. 12

section 59.55, section 56 or section 57. of the indian forest act : the officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the court to which orders made by such magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

section 66. of the indian forest act : every forestofficer and policeofficer shall prevent, and may interfere for the purpose of preventing, the commission of any forestoffence. state amendments maharashtra insertion of new section 66a in act 16 of .after section 66 of the principal act, the following section shall be inserted, namely: 66a. punishment for abetmentwhoever abets any forestoffence shall, if the offence abetted is committed in consequence of abetment, be punished with the same punishment as is provided for such offence,. vide maharashtra act 21 of , s. 16. uttar pradesh insertion of new section 66a 66a. penalty for not preventing commission of forest offencewhoever, being a forest officer or police officer, bound under section 66 to prevent commission of any forest offence, intentionally or knowingly, neglects or omits to prevent or abets, the commission of such offence, shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. vide uttar pradesh act 1 of , s. 15. maharashtra. amendment of section 66 of act xvi of .in section 66 of the principal act, for the words every forest officer and police officer the words every forest officer, police officer and revenue officer shall be substituted. vide maharashtra act vi of , s. 12.

section 60. of the indian forest act : 60. property when to vest in 1government. when an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an appeal being preferred, the appellate court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the 1government free from all incumbrances. state amendments maharashtra amendment of section 60 of act 16 of .in section 60 of the principal act, for the word forfeiture the word confiscation shall be substituted. vide maharashtra act 21 of , s. 9. jammu and kashmir and ladakh uts. section 60.renumbered as subsection 2 thereof, and, before subsection 2 as so renumbered, insert the following subsection, namely: 1 property ordered to be confiscated by an authorised officer under section 52, subject to the result of revision before court of sessions under section 52a shall upon conclusion of proceedings in revision, vest in the government free from all encumbrances: provided that if no revision is preferred under section 52a, such vesting shall take effect on expiry of period specified for the submitting petition for revision under section 52a. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 60section 60 of the principal act shall be renumbered as subsection 1 thereof and after subsection 1 as so renumbered the following subsection shall be inserted, namely: 2 when an order for confiscation has been passed under section 52a and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when in appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the state government free from all encumbrances. vide uttar pradesh act 1 of , s. 12 maharashtra. amendment of section 60 of act xvi of .in section 60 of the principal act, for the words confiscation the word forfeiture shall be substituted. vide maharashtra act vii of , s. 14 uttarkhand. amendment of section 60. section 60 of the principal act shall be renumbered as subsection 1 thereof and after subsection 1 as so renumbered the following subsection shall be inserted, namely: 2 when an order for confiscation has been passed under section 52a and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when an appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the state government free from all encumbrances.. vide uttaranchal act 24 of , s. 12 1. subs. by the a.o. , for crown.

section 67. of the indian forest act : the district magistrate or any magistrate of the first class specially empowered in this behalf by the 1state government may try summarily, under the code of criminal procedure, 5 of , any forestoffence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both. state amendments maharashtra amendment of section 67 of act 16 of .in section 67 of the principal act, for the words two thousand rupees the words five thousand rupees shall be substituted. vide maharashtra act 21 of , s. 17. jammu and kashmir and ladakh uts. section 67.for the words not exceeding six months, or fine not exceeding five hundred rupees, substitute the words not exceeding two years or with fine not exceeding twenty five thousand rupees. videthe jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . maharashtra. amendment of section 67 of act xvi of .in section 67 of the principal act, a for the words and figures the code of criminal procedure, the words and figures the code of criminal procedure, shall be substituted b for the words not exceeding six months, or fine not exceeding five hundred rupees or both the words not exceeding one year, or fine not exceeding two thousand rupees, or both, and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial but, notwithstanding anything contained in the said code, in the case of conviction for any offence in a summary trial under this section, it shall be lawful for the magistrate to pass sentence of imprisonment for any term for which such offence, is punishable under this act shall be substituted. vide maharashtra act vii of , s. 20 1. subs. by the a.o. , for provincial government.

section 61. of the indian forest act : nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the 1state government from directing at any time the immediate release of any property seized under section 52. state amendments maharashtra amendment of section 61a of act xvi of .in section 61a of the principal act, a for subsection 3, the following subsection shall be substituted: 3 where any timber, sandalwood, firewood, charcoal or any other notified forestproduce, which is the property of the state government, is seized under subsection 1 of section 52, or any such forestproduce is produced before any authorised officer under subsection 1 and he is satisfied that a forestoffence has been committed in respect of such forestproduce, notwithstanding whether or not a prosecution is instituted for the commission of such offence, such authorised officer shall order the forestproduce so seized to be taken charge of by a forestofficer, and may order confiscation of all tools, boats, vehicles and cattles used in committing such offence. b in subsection 4, i for clause a, the following clause shall be substituted, namely: a where the authorised officer, after passing an order of confiscation under subsection 3, is of the opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, vehicles and cattles. ii in clause b, 1 the words property or the shall be deleted 2 for the word auction the word sale shall be substituted. vide maharashtra act 21 of , s. 10. amendment of section 61b of act 16 of .in section 61b of the principal act, a in subsection 1, the words any timber, sandalwood, firewood, charcoal or any other notified forestproduce, shall be deleted b after subsection 2, the following subsection shall be added, namely: 3 when the offender or the owner of any tool, boat, vehicle or cattle seized under, subsection 1 of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has been used in committing a forestoffence in respect of timber, firewood, sandalwood, charcoal or any other notified forestproduce which is the property of the state government, notwithstanding anything contained in the foregoing provisions, the authorised officer may pass order in accordance with the provisions contained in section 61a: provided that, no such order shall be made until the expiration of a period of thirty days form the date of seizing such property or without hearing the person claiming any right thereto.. vide maharashtra act 21 of , s. 11. substitution of section 61f of act 16 of .for section 61f of the principal act, the following section shall substituted, namely: 61f. property etc. confiscated when to vest in government.when an order for confiscation of any property has been passed under section 61a or section 61c, and the period of limitation provided by section 61d for filing an appeal against such order has elapsed, and no such appeal has been preferred or when on such an appeal being preferred, the appellate court confirms such order in respect, of the whole or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 or under clause a of subsection 4 of section 61a, the sale proceeds thereof, as the case may be, shall vest in the state government free from all encumbrances.. vide maharashtra act 21 of , s. 12. amendment of section 61g of act 16 of .in section 61g of the principal act, for the word offence the words forestoffence in respect of such property shall be substituted. vide maharashtra act 21 of , s. 13. uttar pradesh insertion of new sections 61b and 61cafter section 61a of the principal act, the following sections shall be inserted namely: 61b. summary eviction of unauthorised occupants1 if a forest officer, not below the rank of a divisional forest officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29 as the cases may be, and that he should be evicted, the forest officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made. 2 if after considering the cause, if any, shown in pursuance of a notice under this section, the forest officer is satisfied that the said land is in unauthorised occupation he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order. 3 if any person refuses or fails to comply with the order of eviction by the date specified in the order, the forest officer who made the order under subsection 2 or any other forest officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary. 4 any person aggrieved by an order of the forest officer under subsection 2 may, within such period and in such manner as may be prescribed, appeal against such order to the conservator of forests of the circle or to such officer as may be authorised by the state government in this behalf and the order of the forest officer shall, subject to the decision in such appeal, be final. 61c. disposal of property left on land by unauthorised occupant1 where any person has been evicted from any land under section 61b, the forest officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolished building or standing crop. 2 where any property is sold under subsection 1 the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned. vide uttar pradesh act 1 of , s. 13 addition of new section 61aafter section 61 of the principal act, the following new section shall be added, namely 61a. summary eviction of persons convicted of certain offences.where a court convicts any person of an offencesunder clause a, clause b or clause h of subsection 1 of section 26 of clause c or clause h of subsection 1 of section 33, it may, when passing judgment, direct the eviction of such person from any land in respect of which the offence has been committed. 2 any court of appeal or or revision may direct any order under subsection 1 passed by a court subordinate there to be stayed pending consideration by the former court and may modify, alter or annul such order. vide uttar pradesh act xxiii of , s. 14 uttarakhand. insertion of new sections 61a and 51b.after section 61a of the principal act, the following sections shall be inserted, namely: 61a. summary eviction of unauthorised occupants.1 if a forest officer, not below the rank of a divisional forest officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29, as the case may be, and that he should be evicted, the forest officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made. 2 if after considering the cause, if any, shown in pursuance of a notice under this section, the forest officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order. 3 if any person refuses or fails to comply with the order of eviction by the date specified in the order, the forest officer who made the order under subsection 2 or any other forest officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary. 4 any person aggrieved by an order of the forest officer under subsection 2 may, within such period and in such manner as may be prescribed, appeal against such order to the conservator of forests of the circle or to such officer as may be authorised by the state government in this behalf and the order of the forest officer shall, subject to the decision in such appeal, be final. 61b. disposal of property left on land by unauthorised occupant.1 where any person has been evicted from any land under section 61b, the forest officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolished building or standing crop. 2 where any property is sold under subsection 1 the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned.. vide uttarakhand act 10 of , s. 13 maharashtra. amendment of section 61 of act xvi of .in section 61 of the principal act, for the words and figures seized under section 52 the following shall be substituted, namely: seized under section 52 which is not the property of government and the withdrawal of any charge made in respect of such property.. vide maharashtra act vii of , s. 15 insertion of section 61a of 61g in act xvi of .after section 61 of the principal act, the following sections shall be inserted namely: 61a. confiscation by forest officer of forest produce where forest offence is believed to have been committed.1 notwithstanding anything contained in the foregoing provisions of this chapter or any other law, where a forest offence is believed to have been committed in respect of timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of state government, the officer seizing the property under subsection 1 of section 52 shall, without any unreasonable delay produce it, together with all tools, boats, vehicles and cattle used in committing such offence, before an officer authorised by the state government in this behalf by notification in the official gazette, not being an officer below the rank of an assistant conservator of forests hereinafter referred to as the authorised officer. 2 the state government may authorize one or more officers for any local area under subsection 1. 3 where an authorised officer seizes under subsection 1 of section 52 any timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the state government or any such property is produced before an authorised officer under subsection 1 and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, boats, vehicles and cattle used in committing such offence. 4 a where the authorised officer, after passing an order of confiscation under subsection 3, is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof and the tools, boats, vehicles and cattle to be sold by public auction, b where any confiscated property or the tools, boats, vehicles and cattle are sold, aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating thereto shall, where the order of confiscation made under this section is set aside or annulled by an order under section 61c or 61d, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order. 61b. issue of show cause notice before confiscation under section 61a.1 no order confiscating any timber, sandalwood, firewood, charcoal or any other notified forest produce, tools, boats, vehicles or cattle shall be made under section 61a except after notice in writing to the person from whom it is seized and considering his objections, if any : provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so, and considering his objections, if any. 2 without prejudice to the provisions of subsection 1, no order confiscating a tool, boat, vehicle or cattle shall be made under section 61a if the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use. 61c. revision.any forest officer not below the rank of conservator of forests specially empowered by the state government in this behalf by notification in the official gazette, may suo motu call for and examine the record of the order of the authorised officer under section 61 a and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit : provided that no such record shall be called for after the expiry of 30 days from the date of such order, and no order under this section shall be passed if in the meanwhile, an appeal has been filed under section 61d against the order of the authorised officer : provided further that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard. 61d. appeal.1 any person aggrieved by any order passed under section 61a or section 61c may, within thirty days from the date of communication to him of such order, appeal to the sessions judge having jurisdiction over the area in which the property and the tools, boats, vehicles and cattle to which the order relates has been seized and the sessions judge shall, after giving an opportunity to the appellant and the authorised officer or the officer specially empowered under section 61c, as the case may be, to be heard, pass such order as he may think fit confirming, modifying or annulling the order appealed against. 2 an order of the session judge under subsection 1 shall be final and shall not be questioned in any court. 61e. award of confiscation not to interfere with other punishments.the award of any confiscation under section 61a or section 61c or section 61d shall not prevent the infliction of any punishment to which the person affected thereby is liable under this act or any other law for the time being in force. 61f. property etc., confiscated when to vest in government.when an order for confiscation of any property or any tools, boats, vehicles or cattle is passed under section 61a or section 61c or section 61d and such order has become final in respect of the whole or any portion of such property, or tool, boat, vehicle or cattle, such property or portion thereof or tool, boat vehicle or cattle or if it has been sold under clause a of subsection 4 of section 61a, the sale proceeds thereof, as the case may be, shall vest in the state government free from all encumbrances. 61g. bar of jurisdiction in certain cases.whenever any timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the state government, together with any tool, boat, vehicle or cattle used in committing any offence is seized under subsection 1 of section 52, the authorised officer under section 61a or the officer specially empowered under section 61c or the sessions judge hearing the appeal under section 61d shall have, and notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, , or in any other law for the time being in force, any other officer, court, tribunal or authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of such property and any tool, boat, vehicle or cattle. vide maharashtra act vii of , s. 16 1. subs.,ibid.,for provincial government.

section 62. of the indian forest act : any forestofficer or policeofficer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. state amendments maharashtra amendment of section 62 of act 16 of .in section 62 of the principal act, in subsection 1, the words or forfeiture shall be deleted. vide maharashtra act 21 of , s. 14. maharashtra amendment of section 62 of act xvi of .section 62 of the principal act shall be renumbered as subsection 1 thereof and, a in subsection 1 as so renumbered, for the word confiscation the words confiscation or forfeiture shall be substituted. b after subsection 1 as so renumbered, the following subsection shall be added, namely: 2 any fine so imposed, or any portion thereof, shall, if the convicting court so directs, be given as compensation to the person aggrieved by such seizure. vide maharashtra act vii of , s. 17.

section 63. of the indian forest act : whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the indian penal code 45 of , a knowingly counterfeits upon any timber or standing tree a mark used by forestofficers to indicate that such timber or tree is the property of the 1government or of some person, or that it may lawfully be cut or removed by some person or b alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a forestofficer or c alters, moves, destroys or defaces any boundarymark of any forest or wasteland to which the provisions of this act are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. state amendment jammu and kashmir and ladakh uts. section 63.for the words, or with fine, substitute the words or with fine which may extend to twentyfive thousand rupees. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . 1. subs. by the a.o. , for crown.

section 64. of the indian forest act : 1 any forestofficer or policeofficer may, without orders from a magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forestoffence punishable with imprisonment for one month or upwards. 2 every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this act as to release on bond, take or send the person arrested before the magistrate having jurisdiction in the case, or to the officer in charge of the nearest policestation. 3 nothing in this section shall be deemed to authorise such arrest for any act which is an offence under chapter iv unless such act has been prohibited under clause c of section 30. state amendments jammu and kashmir and ladakh uts. section 64a.after section 64, insert the following section, namely: 64a. offences nonbailable.notwithstanding anything contained in this act or in the code of criminal procedure, 2 of , all offences under this act other than those compoundable under section 68 shall be nonbailable. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . maharashtra. amendment of section 64 of act xvi of .in section on 64 of the principal act, in subsection 1, for the words any forest officer or police officer, the words any forest officer, police officer or revenue officer shall be substituted. vide maharashtra act vi of 961, s. 10

section 65. of the indian forest act : any forestofficer of a rank not interior to that of a ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station. state amendments maharashtra amendment of section 65a of act 16 of .in section 65a of the principal act, in clause b, for the words, figures, brackets and letters section 26, clauses a, b, f, g, h and i of subsection 1, the words, figures, brackets and letters section 26, clauses a, b, d, f, g, h and i of subsection 1 and subsection 4 shall be substituted. vide maharashtra act 21 of , s. 15. jammu and kashmir and ladakh uts. section 65a and 65b.after section 65, insert the following sections, namely: 65a. requisition for police assistance.any forest officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the duty of every such officer to comply with such requisition. 65b. police officers bound to seek technical clearance from authorized officer.any police officer seizing any property under the provisions of this act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this act. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh insertion of new section 65aafter section 65 of the principal act, the following section shall be inserted, namely: 65a. certain offences to be nonbailable1 notwithstanding anything contained in this act or in the code of criminal procedure, any offence punishable under section 26, or section 33 or section 42 or section 63 shall be nonbailable. 2 no person accused of any offence as aforesaid shall, if in custody, be released on application for released on bail or on his own bond unless a the prosecution has been given an opportunity to oppose the application for such release, and b where the prosecution opposes the application as aforesaid the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence. vide uttar pradesh act 1 of , s. 14 uttarakhand. insertion of new section 65a.after section 65 of the principal act, the following sections shall be inserted, namely: 65a. certain offences to be nonbailable.1 notwithstanding anything contained in this act or in the code of criminal procedure, , any offence punishable under section 26 or section 33 or section 42 or section 63 shall be nonbailable. 2 no person accused of any offence as aforesaid shall, if in custody, be released on bail or on his own bond unless a the prosecution has been given an opportunity to oppose the application for such release, and b where the prosecution opposes the application as aforesaid, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences.. vide uttaranchal act 10 of , s. 14 maharashtra amendment of section 65 of act xvi of . in section 65 of the principal act, for the words a ranger the words a ranger, any police officer of a rank not inferior to that of subinspector or any revenue officer of a rank not inferior to that of mahalkari or tahsildar shall be substituted. vide maharashtra act vi of , s. 11 maharashtra. amendment of section 65 of act xvi of .in section 65 of the principal act, for the words may release such person the words, figures and letter may, subject to and without prejudice to the provisions of section 65a, release such person shall be substituted. vide maharashtra act vii of , s. 18 insertion of section 65a in act xvi of .after section 65 of the principal act, the following section shall be inserted, namely: 65a. certain offences to be nonbailable.notwithstanding anything contained in this act or in the code of criminal procedure, , a the offences under sections or clauses of sections mentioned in clause b shall be nonbailable. b the sections and clauses of sections of this act referred to in clause a are the following, namely :section 26, clauses a, b, f, g, h and i of sub section 1. section 33, clauses a, b, c, d, f and h of subsection 1. section 42. section 63. c no person accused of any offence referred to in clause b shall, if in custody, be released on bail or on his own bond unless, i the prosecution has been given an opportunity to oppose the application for such release, and ii where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.. vide maharashtra act vii of , s. 19

section 68. of the indian forest act : 1the 1state government may, by notification in the2official gazette, empower a forest officer a to accept from any person against whom a reasonable suspicion exists that he has committed any forestoffence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and b when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. 2 on the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property. 3 a forestofficer shall not be empowered under this section unless he is a forestofficer of a rank not inferior to that of a ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause a of subsection 1 shall in no case exceed the sum of fifty rupees. state amendments maharashtra amendment of section 68 of act 16 of . in section 68 of the principal act, a in subsection 1, 1 in clause a, i after the words other than an offence specified in the words, brackets and figures subsection 4 of section 26 or shall be inserted ii for the words payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money, the words payment of a sum of money shall be substituted. 2 in clause b, for the words on payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the words on payment of shall be substituted. b in subsection 2, for the words payment of, or on acceptance of an undertaking in writing to pay, the words payment of, shall be substituted. c in subsection 3, for the words five hundred rupees the words five thousand rupees shall be substituted. vide maharashtra act 21 of , s. 18. jammu and kashmir and ladakh uts. section 68.for section 68, substitute the following section, namely: 68. power to compound offences. 1 the government may, by notification in the official gazette, empower any forest officer not below the rank of assistant conservator of forests a to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed: provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence and b when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause a of this subsection, as estimated by such officer. 2 on the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . tripura. amendment of section 683.in subsection 3 of section 68 of principal act, for the words hundred rupees and the words fifty rupees the words one thousand five hundred rupees and five thousand rupees respectively shall be substituted. vide tripura act 5 of , s. 3 uttar pradesh amendment of section 68 i the words and is in receipt of a monthly salary amounting to at least one hundred rupees shall be omitted ii for the words fifty rupees the words five thousand rupees for the first offence and for second subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees shall be substituted. vide uttar pradesh act 1 of , s. 16 amendment of sections 68 of act xvi of in subsection 3 of section 68 of the principal act, for the word fifty the words five hundred shall be substituted. vide uttar pradesh act xxi of , s. 8 uttarakhand. amendment of section 68.in section 68 of the principal act, in subsection 3 i the words and is in receipt of a monthly salary amounting to at least one hundred rupees shall be omitted ii for the words fifty rupees the words five thousand rupees for the first offence and for second subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees shall be substituted. vide uttarachal act 10 of , s. 15 substitution of section 68 of act xvi of .for section 68 of the principal act, the following shall be substituted, namely: 68. power to compound offences.1 subject to the provisions of subsection 3, the state government may, by notification in the official gazette, empower a forest officer a to accept from any person about whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in section 62 or section 63, payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum money, by way of compensation for the offence which such person is suspected to have committed, and b when any property has been seized as liable to confiscation, to release the same on the payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the value thereof as named by such officer. 2 on the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings, other than those under section 82 where necessary, shall be taken against such person or property. 3 a forest officer shall not be empowered under this section unless he is a forest officer of a rank not inferior to that of a ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted or agreed to be accepted as compensation under clause a of subsection 1 shall in no case exceed the sum of five hundred rupees.. vide maharashtra act vi of , s. 13 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 70. of the indian forest act : cattle trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a public plantation within the meaning of section 11 of the cattletrespass act, 1 of , and may be seized and impounded as such by any forestofficer or policeofficer.

section 75. of the indian forest act : except with the permission in writing of the 51state government, no forestofficer shall, as principal or agent, trade in timber or other forestproduce, or be or become interested in any lease or any forest or in any contractfor working any forest, whether in or outside 53the territories to which this act extends. 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. no. 3 , for part a states and part c states.

section 69. of the indian forest act : 69. presumption that forestproduce belongs to 1government. when in any proceedings taken under this act, or in consequence of anything done under this act, a question arises as to whether any forestproduce is the property of the 1government, such produce shall be presumed to be the property of the 1government until the contrary is proved. state amendment jammu and kashmir and ladakh uts. section 69.for the words, contrary is proved, substitute the words contrary is proved by the accused. section 69a.after section 69, insert the following section, namely: 69a. double penalties for offences.the penalties which are double of those mentioned under the provisions of this act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . 1. subs. by the a.o. , for crown.

section 76. of the indian forest act : the 1state government may make rule a to prescribe and limit the powers and duties of any forestofficer under this act b to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this act c for the preservation, reproduction and disposal of trees and timber belonging to government, but grown on lands belonging to or in the occupation of private persons and d generally, to carry out the provisions of this act. state amendment jammu and kashmir and ladakh uts. section 76a.after section 76, insert the following section, namely: 76a. power to regulate manufacture and preparation of articles based on forest produce.1 the government of union territory of jammu and kashmir may make rules, a to provide for the establishment, and regulation by licence, permit or otherwise and the payment of fees thereof, of saw mills, timber depots, firewood depots and other units including the factories or industries engaged in the consumption of forest produce or manufacture or preparation of the following articles: i katha catechu or kutch out of khairwood ii rosin, turpentine, other products out of resin, and wood oil iii plywood, veneer and woodbased products iv match boxes and match splints v boxes including packing cases made out of wood vi joinery and furniture items made out of wood vii charcoal, lime stone and gypsum viii such other articles based on forest produce as the government of union territory of jammu and kashmir may, by notification in the official gazette, from time to time, specify b to provide for the regulation by licence, permit or otherwise, of procurement of raw material for the preparation of articles mentioned in clause a, the payment and deposit of fees therefor and for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof for contravention of any such condition and adjudication of such forfeiture by such authority as the government of union territory of jammu and kashmir may, by notification, specify. 2 the government of union territory of jammu and kashmir may provide that, as the contravention of any rules made under this section shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or both. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subs. by the a.o. , for provincial government.

section 71. of the indian forest act : the1state government may, by notification in the2official gazette , direct that, in lieu of the fines fixed under section 12 of the cattletrespass act, 1 of , there shall be levied for each head of cattle impounded under section 70 of this act such fines as it thinks fit, but not exceeding the following, that is to say: for each elephant.................................................... ...ten rupees. for each buffalo or camel................... ..two rupees. for each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, or heifer.......... one rupee. for each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid.................................... ....eightannas. state amendments maharashtra amendment of section 71 of act 16 of .in section 71 of the principal act, a for the words ten rupees the words two hundred rupees shall be substituted b for the words two rupees the words two hundred rupees shall be substituted c for the words one rupees the words two hundred rupees shall be substituted d for the words fifty nayepaise the words one hundred rupees shall be substituted. vide maharashtra act 21 of , s. 19. jammu and kashmir and ladakh uts. section 71.for the words ten rupees, two rupees, one rupee and eight annas, substitute the words one thousand rupees, two hundred and fifty rupees, one hundred rupees and fifty rupees respectively. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . maharashtra. amendment of section 71 of act xvi of .in section 71 of the principal act, for the the words eight annas the words fifty naye paise shall be substituted.br vide maharashtra act vi of , s. 14. 1.subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 72. of the indian forest act : 1 the1state government may invest any forestofficer with all or any of the following powers, that is to say: a power to enter upon any land and to survey, demarcate and make a map of the same b the powers of a civil court to compel the attendance of witnesses and the production of documents and material objects c power to issue a searchwarrant under the code of criminal procedure, 5 of and d power to hold an inquiry into forestoffences, and, in the course of such inquiry, to receive and record evidence. 2 any evidence recorded under clause d of subsection 1 shall be admissible in any subsequent trial before a magistrate, provided that it has been taken in the presence of the accused person. state amendments jammu and kashmir and ladakh uts. section 72.for section 72, substitute the following section, namely 72. government of union territory of jammu and kashmir may invest forest officers with certain powers. 1 the forest officers shall have the following powers, namely: a power to enter upon any land and to survey, demarcate and make a map of the same. b the powers of a civil court to compel the attendance of witnesses and the production of documents and material objects c power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence and d power to issue search warrants under the code of criminal procedure, 2 of : provided that powers under clause b and c shall not be exercised by a forest officer below the rank of a range officer: provided further that the powers under clause d shall not be exercised by a forest officer below the rank of a divisional forest officer. 2 any evidence recorded under clause c of subsection 1 shall be admissible in any subsequent trial before a magistrate, if that it has been taken in the presence of the accused person. 3 any forest officer not below the rank of a range officer may delegate his powers of inquiry to an officer of the rank of forester if the offence is compoundable under section 68 of this act. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . maharashtra. amendment of section 72.in section 72 of the principal act, in subsection 1, in clause c, for the words and figures code of criminal producer, the words and figures the code of criminal procedure, shall be substituted. vide maharashtra act vii of , s.21 1. subs. by the a.o. , for provincial government.

section 74. of the indian forest act : no suit shall lie against any public servant for anything done by him in good faith under this act. state amendment jammu and kashmir and ladakh uts. section 74.for section 74, substitute the following section, namely: 74. indemnity for acts done in good faith.1 no suit, prosecution or other legal proceedings shall lie against any public servant for anything done in good faith or omitted to be done likewise, under this act or the rules or orders made thereunder. 2 no court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the government of union territory of jammu and kashmir. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh substitution of section 74for section 74 of the principal act, the following section shall be substituted, namely: 74. indemnity for acts done in good faith.no suit, prosecution or other legal proceeding shall lie against the state government or any public servant for anything which is in good faith done or intended to be done in pursuance of this act or rules or orders made thereunder. vide uttar pradesh act 1 of , s. 17 uttarakhand substitution of section 74.for section 74 of the principal act the following section shall be substituted, namely: 74. indemnity for acts done in good faith.no suit, prosecution or other legal proceeding shall lie against the state government or any public servant for anything done by him under this act or rules or orders made thereunder.. vide uttarakhand act 10 of , s. 16

section 73. of the indian forest act : all forestofficers shall be deemed to be public servants within the meaning of the indian penal code 45 of .

section 77. of the indian forest act : any person contravening any rule under this act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both. state amendment jammu and kashmir and ladakh uts. section 77.for the words extend to one month, or fine which may extend to five hundred rupees, substitute the words extend to two years or with fine which may extend to twenty five thousand rupees. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . uttar pradesh amendment of section 77.in section 77 of the principal act, for the words one month, or fine which may extend to five hundred rupees, the words one year, or with fine which may extend to two thousand rupees, shall be substituted. vide uttar pradesh act 1 of , s. 18 uttarakhand amendment of section 77.in section 77 of the principal act for the words one month, or fine which may extend to five hundred rupees the words one year, or with fine which may extend to two thousand rupees shall be substituted. vide uttarakhand act 10 of , s. 17

section 78. of the indian forest act : all rules made by the 1state government under this act shall be published in the 2official gazette, and shall thereupon, so far as they are consistent with this act, have effect as if enacted therein. state amendments uttar pradesh substitution of new section for section 78.for section 78 of the principal act, the following shall be substituted, namely 78. further provisions regarding rules.1 all rules under this act shall be made by notification in the gazette. 2 all rules made under this act shall, as soon as may be after they are made, laid before each house of the state legislature, while it is in session, for total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some latter date is appointed take effect from the date of their publication in the gazette subject to such modifications or annulments as the two houses of the legislature may agree to make, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. vide uttar pradesh act xxiii of , s. 15 maharashtra. amendment of section 78 of act xvi of .section 78 shall be renumbered as subsection 1 of that section and after the subsection so renumbered, the following subsection shall be inserted, namely : 2 all rules made by the state government under this act shall be laid for not less than thirty days before each house of the state legislature as soon as possible after they are made and shall be subject to such modification as the state legislature may make during the session in which they are so laid, or the session immediately following and publish in the official gazette.. vide maharashtra act vi of , s. 15 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for local official gazette.

section 84. of the indian forest act : whenever it appears to the state government that any land is required for any of the purposes of this act, such land shall be deemed to be needed for a public purpose within the meaning of section 4 of the land acquisition act, 1 of . state amendment jammu and kashmir and ladakh uts. section 84a.after section 84, insert the following section, namely: 84a. application of the act to land. the government may, by notification in the official gazette, declare that any of the provisions of this act shall apply to any land which is the property of the government of the union territory of jammu and kashmir or the central government, and thereupon such provisions shall apply to such land accordingly. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated .

section 79. of the indian forest act : 1 every person who exercises any right in a reserved or protected forest, or who is permitted to take any forestproduce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and every person in any village contiguous to such forest who is employed by the1government, or who receives emoluments from the1government for services to be performed to the community,shall be bound to furnish without unnecessary delay to the nearest forestofficer or policeofficer any information he may possess respecting the commission of, or intention to commit, any forestoffence, and shall forthwith take steps, whether so required by any forestofficer or police officer or not, a to extinguish any forest fire in such forest of which he has knowledge or information b to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest,and shall assist any forestofficer or policeofficer demanding his aid c in preventing the commission in such forest of any forestoffence and d when there is reason to believe that any such offence has been committed in such forest in discovering and arresting the offender. 2 any person who, being bound so to do, without lawful excuse the burden of proving which shall lie upon such person fails a to furnish without unnecessary delay to the nearest forestofficer or policeofficer any information required by subsection 1 b to take steps as required by subsection 1, to extinguish any forest fire in a reserved or protected forest c to prevent, as required by subsection 1, any fire in the vicinity of such forest from spreading to such forest or d to assist any forestofficer or policeofficer demanding his aid in preventing the commission in such forest of any forestoffence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. state amendment jammu and kashmir and ladakh uts. section 79.in subsection 2, in the long line, for the words shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees substitute the words, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees. section 79a to 79c.after section 79, insert the following sections, namely: 79a. penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.1 any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this act, be summarily ejected by order of a forest officer not below the rank of a divisional forest officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture: provided that no order of ejectment under this subsection shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed. 2 any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82. 3 any person aggrieved by an order of the forest officer under subsection 1 may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned chief conservator of forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against. 4 on receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the chief conservator of forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly. 5 the order passed on the appeal by the chief conservator of forests shall be final. 79b. summary action by deputy commissioner in fire cases. if in any case under clauses a and b of subsection 1 of section 79, it appears to the deputy commissioner of the district within which the forest concerned is situated after local enquiry made in a summary and administrative manner, either by himself, or through a tehsildar deputed by him for the purpose, that any such person or village or other community has neglected to give such information or to render such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well as direct payment of compensation for damage to governments property by, such person, village or other community or such individual member of such village or other community as may be determined in consultation with the divisional forest officer and all fines imposed under this section shall be recoverable as arrears of land revenue. 79c. appeal against order of deputy commissioner. an appeal against every order passed under section 79b may be made to the concerned divisional commissioner whose decision thereon shall be final. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , order no. s.o.e, dated . uttar pradesh amendment of section 79in section 79 of the principal act, for the words one month, or fine which may extend to five hundred rupees, the words one year, or with fine which may extend to two thousand rupees, shall be substituted. vide uttar pradesh act 1 of , s. 19 1. subs. by the a.o. , for crown.

section 80. of the indian forest act : 80. management of forests the joint property of 2government and other persons.1 if the 2government and any person be jointly interested in any forest or wasteland, or in the whole or any part of the produce thereof, the 1state government may either a undertake the management of such forest, wasteland or produce, accounting to such person for his interest in the same or b issue such regulations for the management of the forest, wasteland or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein. 2 when the 3state government undertakes under clause a of subsection 1 the management of any forest, wasteland or produce, it may, by notification in the4official gazette , declare that any of the provisions contained in chapters ii and iv shall apply to such forest, wasteland or produce, and thereupon such provisions shall apply accordingly. state amendments uttar pradesh insertion of new section 80a in act xiv of after section 80 of indian forest act , the following shall be added as a new section 80a: 80a. the state government may, by notification in the official gazette, declare that any of the provisions of or under this act, shall apply to all or any or any land on the banks of canals or the sides of roads which are the property, of the state government or a local authority and thereupon such provisions shall apply accordingly. vide uttar pradesh act xviii of , s. 2 maharashtra.insertion of new section 80a in act xvi of .after section 80 of the said act, the following section shall be inserted namely: 80a. power of government to apply provisions of this act to pertain lands of government or local authority.the state government, may be notification in the official gazette, declare that any of the provisions of this act shall apply to all or any lands on the banks of canals or the sides of roads which are the property of the state government or a local authority and thereupon such provisions shall apply to such lands accordingly. vide bombay act xxiv of , s. 6 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for crown. 3. subs. by the a.o. , for provincial government. 4. subs. by the a.o. , for local official gazette.

section 81. of the indian forest act : 81. failure to perform service for which a share in produce of 2government forest is employed.if any person be entitled to a share in the produce of any forest which is the property of 2government or over which the 2government has proprietary rights or to any part of the forestproduce of which the government is entitled upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the1state government that such service is no longer so performed: provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the1state government . 1. subs. by the a.o. , for provincial government. 2. subs. by the a.o. , for crown.

section 85. of the indian forest act : when any person, in accordance with any provision of this act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the indian contract act, 9 of , be recovered from him in case of such breach as if it were an arrear of landrevenue. state amendments maharashtra. amendment of section 85 of act xvi of .section 85 of the indian forest act, , shall be renumbered, as subsection 1 of that section, and after subsection 1 so renumbered the following subsection shall be added, namely: 2 if any question arises a whether there has been a breach of any of the conditions of such bond or instrument, b as to the sum to be paid for such breach, c as to the person or persons liable to pay such sum, the question shall be referred to and, after giving notice to the person concerned and after considering his objections if any, be decided by an officer, not below the rank of a divisional forest officer, authorized by the government in this behalf. the person aggrieved by the decision of such officer may, within a period of sixty days from the date of such decision, appeal to the state government or such other appellate authority as the state government may appoint in this behalf. the decision of such officer, subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal, shall be final. vide bombay act x of , s. 2 amendment of section 85 of act xvi of .in subsection 2 of section 85 of the indian forest act, xvi of , for the words divisional forest officer the words subdivisional forest officer shall be substituted. vide bombay act xxvi of , s. 2

section 82. of the indian forest act : all money payable to the government under this act, or under any rule made under this act, or on account of the price of any forestproduce, or of expenses incurred in the execution of this act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of landrevenue. state amendments maharashtra amendment of section 82 of act 16 of .in section 82 of the principal act, the words and figures or on account of compensation or value of property agreed to be paid under section 68 shall be deleted. vide maharashtra act 21 of , s. 20. orissa amendment of section 82, 16 of .for section 82 of the indian forest act, 16 of , the following section shall be substituted, namely: 82. all money, other than fines, payable to the state government under this act, or any rules made thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of this act in respect of timber or other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under the authority of a forest officer and all compensation awarded to the state government under this act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of landrevenue. vide the orissa act 25 of , s. 2 jammu and kashmir and ladakh uts. section 82.for section 82, substitute the following section, namely: 82. recovery of money due to government. all money payable to the government under this act or under any rule made under this act, or on account of the price of timber, or other forest produce, or of expenses incurred in execution of this act in respect of timber and other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable there under for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under authority of a forest officer and all compensation awarded to the government under this act shall, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . section 82a to 82h.after section 82, insert the following sections, namely: 82a. recovery of penalties due under a bond.when in respect of any forest lease any person binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servant and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof shall notwithstanding anything in section 74 of the indian contract act, , be recovered from him in case of such breach as if it were an arrear of land revenue. 82b. restoration of advantage or benefit or payment of compensation.notwithstanding anything contained in this act or in the indian contract act, , or in any other law for the time being in force, a where any transaction or lease relating to sale of forest produce or extraction of timber from any forest is or is discovered to be void only on the ground that the transaction or lease is not in conformity with the provisions of article 299 of the constitution of india or any order or direction issued thereunder, any person who has received any advantage or has enjoyed any benefit by virtue of such transaction or lease shall be bound to restore it or to make compensation for it, to the person or party from whom he received it b the extent of any advantage or benefit or the amount of compensation payable in lieu thereof, referred to in clause a, shall be determined in accordance with the provisions of this act and the value of the advantage or benefit or the amount of compensation so determined shall be recoverable as arrears of land revenue. 82c. constitution of authority.for the purposes of determining the extent of advantage or benefit or the value thereof or the amount of compensation under section 82b, the government of union territory of jammu and kashmir shall, by notification in the official gazette, constitute, as and when necessary, an authority consisting of one or more members having such qualification and experience and on such terms and conditions as may be prescribed and where the authority consists of more than one member, one of them may be appointed as chairperson thereof. 82d. powers of the authority.1 the authority shall, for purposes of holding inquiry for determining the extent of advantage or benefit or value thereof or the amount of compensation, as the case may be, under section 82b, have all the powers of a civil court while trying a suit under the code of civil procedure, in respect of the following matters, namely: a summoning and enforcing the attendance of any person or witness and examining him on oath or solemn affirmation b requiring the discovery or production of any document relating to the subject matter of inquiry c receiving evidence on affidavits d requisitioning any public record or copy thereof relating to the subject matter of inquiry from any court or office and e issuing commissions for examination of witnesses, documents or other books of accounts relating to the subject matter of inquiry. 2 the authority shall also have power to issue a commission to such person as it considers fit for local investigation which may be requisite or proper for the purpose of elucidating any matter which is the subject matter of inquiry or of ascertaining the market value of any property. 3 the person directed to execute a commission for any purpose under this section shall have all the powers of a commissioner appointed by a civil court in pursuance of the provisions of the code of civil procedure, 5 of . 4 the authority shall have the power to pass such orders as it thinks fit for the seizure, attachment, management, preservation, interim custody or sale of any forest produce or timber wherever it may be in the state which may be the subject matter of proceedings before it including the appointment of a receiver for any of the aforesaid purposes. 82e. restriction on alienation.1 notwithstanding anything contained in any law for the time being in force, a where at any stage of the inquiry, the authority is satisfied by affidavit or otherwise that a person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any transaction or lease referred to in section 82b, is likely to alienate his movable or immovable property with intent to evade payment or to defeat the recovery, of the advantage or benefit or the value thereof or the amount of compensation, that may be determined by him, it may by order in writing direct that such person shall not alienate his movable and immovable property or such portion thereof, as it may specify in the order, during the pendency of the inquiry b any alienation of property made in contravention of any order or direction issued under clause a shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. explanation.for the purposes of this section alienation includes mortgage, sale, gift, bequest, benami transaction, family settlement or any other mode of transfer of any right, title or interest in the property. 2 for removal of doubts it is hereby declared that restrictions imposed under this section on the rights conferred by clause 1 of article 19 of the constitution of india shall be deemed to be reasonable restrictions. 82f. procedure to be followed by the authority.1 the authority shall, subject to any rules made by the government of union territory of jammu and kashmir in this behalf, have power to regulate its own procedure in all matters arising out of or connected with the discharge of its functions, in consonance with the principles of natural justice. 2 the parties shall have a right of being represented by counsel. 82g. appeal.1 any person aggrieved by a final order of the authority, determining the extent of advantage or benefit or value thereof or the amount of compensation under section 82b, may, within thirty days of the date of the order, file an appeal against such order before the high court and every such appeal shall be heard by a division bench of the high court. 2 no other order of the authority shall be appealable. 3 the order of the authority shall, subject to the decision of the high court under subsection 1 in appeal, be final and shall be deemed to be a certificate within the meaning of section 90 of the jammu and kashmir land revenue act, . 4 no further appeal shall lie against the decision of the high court. 82h. exclusion of jurisdiction of civil court. no civil court shall have jurisdiction to entertain any suit or other proceeding in respect of any matter which the authority has taken cognizance of under section 82b. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . uttar pradesh substituted of section 82for section 82 of the principal act, the following section shall be, substituted, namely: 82. recovery of money due to state government.all money, other than fines, payable to the state government under this act or under any rule made thereunder or on account of the price of any forest produce or any agricultural crop grown on land owned by the state government in a reserved or protected forest or under any contract relating to forest produce or said agricultural crop, including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a forest officer and all compensation awarded to the state government under this act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue. vide uttar pradesh act 1 of , s. 20 uttarakhand. substitution of section 82.for section 82 of the principal act the following sections shall be substituted, namely: 82. recovery of money due to state government.all money, other than fines, payable to the state government under this act or under this act or under any rule made thereunder or on account of the price of any forest produce or any agricultural crop grown on land owned by the state government in a reserved or protected forest or under any contract relating to forest produce or said agricultural crop, including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a forest officer and all compensation awarded to the state government under this act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of landrevenue.. vide uttarkhand act 10 of , s. 19 maharashtra. amendment of section 82 of act xvi of .in section 82 of the principal act, after the words such produce, the words and figures or on account of compensation or value of property agreed to be paid under section 68 shall be inserted. vide maharashtra act vi of , s. 16

section 86.. of the indian forest act : repeals.rep. by the repealing and amending act, 2 of , s. 2 and the schedule.

section 83. of the indian forest act : 1 when any such money is payable for or in respect of any forestproduce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a forestofficer until such amount has been paid. 2 if such amount is not paid when due, the forestofficer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount. 3 the surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to government. state amendment jammu and kashmir and ladakh uts. section 83a. after section 83, insert the following section, namely: 83a. restriction on alienation.1 notwithstanding anything contained in the transfer of property act , or in any other law for the time being in force, no property offered by a forest lessee or by any other person on behalf of a forest lessee, as security for payment of royalty, interest, compensation, penalty or any other amount chargeable from the forest lessee, under any lease deed, bond or instrument shall be alienated without the previous permission of the government of union territory of jammu and kashmir, till such time as the chief conservator of forests certifies that such forest lessee has duly performed all the obligations devolving upon him under such lease deed, bond or instrument. 2 any alienation of property made in contravention of subsection 1 shall be void, and no transferee of such property shall be deemed to have acquired any right, title or interest therein. 3 any amount of royalty, interest, compensation or penalty or any other sum falling due from a forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue in accordance with the law for the time being in force, from the property offered by him or on his behalf as security and from any other movable or immovable property owned by the forest lessee. explanation. for the purposes of this section, a alienation includes sale, gift, exchange, bequest, mortgage, benami transaction, family settlement or any other mode of transfer of any right, title or interest therein or creation of any encumbrance threreon b the expression forest lessee shall be construed to mean a person in whose favour a right to convert and remove forest produce from any forest has been granted under any lease deed, bond or instrument. 4 for removal of doubts it is hereby declared that restriction imposed under this section on the rights conferred by clause 1 of article 19 of the constitution of india shall be deemed to be reasonable restrictions. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 85a. of the indian forest act : 185a. saving for rights of central government.nothing in this act shall authorise a government of any state to make any order or do anything in relation to any property not vested in that state or otherwise prejudice any rights of the central government or the government of any other state without the consent of the government concerned. 1. subs.,ibid., for section 85a.earlier it was inserted by the a.o. .

section 8. of the oaths act : every person giving evidence on any subject before any court or person hereby authorised to administer oaths and affirmations shall be bound to state the truth on such subject.

section 1. of the oaths act : 1 this act may be called the oaths act, . 2 it extends to the whole of india 1 . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the oaths act : nothing in this act shall apply to proceedings before courts martial or to oaths, affirmations or declarations prescribed by the central government with respect to members of the armed forces of the union.

section 7. of the oaths act : no omission to take any oath or make any affirmation, no substitution of any one for any other of them, and no irregularity whatever in the administration of any oath or affirmation or in the form in which it is administered, shall invalidate any proceeding or render inadmissible any evidence whatever, in or in respect of which such omission, substitution or irregularity took place, or shall affect the obligation of a witness to state the truth.

section 3. of the oaths act : 1 the following courts and persons shall have power to administer, by themselves or, subject to the provisions of subsection2 of section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or in exercise of the powers conferred upon them by law, namely: a all courts and persons having by law or consent of parties authority to receive evidence b the commanding officer of any military, naval, or air force station or ship occupied by the armed forces of the union, provided that the oath or affirmation is administered within the limits of the station. 2 without prejudice to the powers conferred by subsection 1 or by or under any other law for the time being in force, any court, judge, magistrate or person may administer oaths and affirmations for the purpose of affidavits, if empowered in this behalf a by the high court, in respect of affidavits for the purpose of judicial proceedings or b by the state government, in respect of other affidavits.

section 4. of the oaths act : 1 oaths or affirmations shall be made by the following persons, namely: a all witnesses, that is to say, all persons who may lawfully be examined, or give, or be required to give, evidence by or before any court or person having by law or consent of parties authority to examine such persons or to receive evidence b interpreters of questions put to, and evidence given by, witnesses and c jurors: provided that where the witness is a child under twelve years of age, and the court or person having authority to examine such witness is of opinion that, though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation, the foregoing provisions of this section and the provisions of section 5 shall not apply to such witness but in any such case the absence of an oath or affirmation shall not render inadmissible any evidence given by such witness nor affect the obligation of the witness to state the truth. 2 nothing in this section shall render it lawful to administer, in a criminal proceeding, an oath or affirmation to the accused person, unless he is examined as a witness for the defence, or necessary to administer to the official interpreter of any court, after he has entered on the execution of the duties of his office, an oath or affirmation that he will faithfully discharge those duties.

section 9. of the oaths act : 1 the indian oaths act, 10 of , is hereby repealed. 2 where, in any proceeding pending at the commencement of this act, the parties have agreed to be bound by any such oath or affirmation as is specified in section 8 of the said act, then, notwithstanding the repeal of the said act, the provisions of sections 9 to 12 of the said act shall continue to apply in relation to such agreement as if this act had not been passed.

section 6. of the oaths act : 1 all oaths and affirmations made under section 4 shall be administered according to such one of the forms given in the schedule as may be appropriate to the circumstances of the case: provided that if a witness in any judicial proceeding desires to give evidence on oath or solemn affirmation in any form common amongst, or held binding by, persons of the class to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding anything hereinbefore contained, allow him to give evidence on such oath or affirmation. 2 all such oaths and affirmations shall, in the case of all courts other than the supreme court and the high courts, be administered by the presiding officer of the court himself, or, in the case of a bench of judges or magistrates, by any one of the judges or magistrates, as the case may be.

section 5. of the oaths act : a witness, interpreter or juror may, instead of making an oath, make an affirmation.

section 5b. of the commissions of inquiry act : show related subordinates 1 5b. power of commission to appoint assessors.the commission may, for the purpose of conducting any inquiry, appoint persons having special knowledge of any matter connected with the inquiry as assessors, to assist and advise the commission in the inquiry and the assessors shall be entitled to such travelling and other expenses as may be prescribed. 1 . ins. by act 63 of , s. 2 w.e.f. .

section 1. of the commissions of inquiry act : 1 this act may be called the commissions of inquiry act, . 12 it extends to the whole of india: 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs by act 79 of , s. 2, for subsection 2. 2. 1st october, , vide notification no. s.r.o. , dated the 30th september, , see gazette of india, extraordinary, part ii, s. 3. this act, as amended by act 79 of , came into force in the state of jammu and kashmir on and in the districts of kohima and mokokchung in the state of nagaland on , vide notification no. 94e, dated and 74e, dated , respectively, issued under s. 15 of act 79 of . 3. the proviso omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the commissions of inquiry act : in this act, unless the context otherwise requires, a appropriate government means i the central government, in relation to a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in list i or list ii or list iii in the seventh schedule to the constitution and ii the state government, in relation to a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in list ii or list iii in the seventh schedule to the constitution: 1 b commission means a commission of inquiry appointed under section 3 c prescribed means prescribed by rules made under this act. 1. the proviso omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 5a. of the commissions of inquiry act : 1 5a. power of commission to utilise the services of certain officers and investigation agencies for conducting investigation pertaining to inquiry.1 the commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the services, a in the case of a commission appointed by the central government, of any officer or investigation agency of the central government or any state government with the concurrence of the central government or the state government, as the case may be or b in the case of a commission appointed by the state government, of any officer or investigation agency of the state government or central government with the concurrence of the state government or the central government, as the case may be. 2 for the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under subsection 1 may, subject to the direction and control of the commission, a summon and enforce the attendance of any person and examine him b require the discovery and production of any document and c requisition any public record or copy thereof from any office. 3 the provisions of section 6 shall apply in relation to any statement made by a person before any officer or agency whose services are utilised under sub section 1 as they apply in relation to any statement made by a person in the course of giving evidence before the commission. 4 the officer or agency, whose services are utilised under subsection 1, shall investigate into any matter pertaining to the inquiry and submit a report thereon hereafter in this section referred to as the investigation report to the commission within such period as may be specified by the commission in this behalf. 5 the commission shall satisfy itself about the correctness of the facts stated and the conclusions, if any, arrived at in the investigation report submitted to it under subsection 4, and for this purpose the commission may make such inquiry including the examination of the person or persons who conducted or assisted in the investigation as it thinks fit. 1 ins. by s. 8, ibid. w.e.f. .

section 3. of the commissions of inquiry act : show related subordinates 1 the appropriate government may, if it is of opinion that it is necessary so to do, and shall if a resolution in this behalf is passed by 1 each house of parliament or, as the case may be, the legislature of the state, by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly: provided that where any such commission has been appointed to inquire into any matter a by the central government, no state government shall, except with the approval of the central government, appoint another commission to inquire into the same matter for so long as the commission appointed by the central government is functioning b by a state government, the central government shall not appoint another commission to inquire into the same matter for so long as the commission appointed by the state government is functioning, unless the central government is of opinion that the scope of the inquiry should be extended to two or more states. 2 the commission may consist of one or more members appointed by the appropriate government, and where the commission consists of more than one member, one of them may be appointed as the chairman thereof. 2 3 the appropriate government , at any stage of an inquiry by the commission fill any vacancy which may have arisen in the office of a member of the commission whether consisting of one or more than one member. 4 the appropriate government shall cause to be laid before 1each house of parliament or, as the case may be, the legislature of the state, the report, if any, of the commission on the inquiry made by the commission under subsection 1 together with a memorandum of the action taken thereon, within a period of six months of the submission of the report by the commission to the appropriate government. 3 1. subs. by act 19 of , s. 2, for certain words w.e.f. . 2. ins. by act 79 of , s. 5 w.e.f. . 3. subsections 5 and 6 omitted by act 19 of , s. 2, ibid.w.e.f. .

section 2a. of the commissions of inquiry act : 2a. construction of references to laws not in force in the state of jammu and kashmir. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6. of the commissions of inquiry act : no statement made by a person in the course of giving evidence before the commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: provided that the statement a is made in reply to a question which he is required by the commission to answer, or b is relevant to the subject matter of the inquiry

section 5. of the commissions of inquiry act : 1 where the appropriate government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of subsection 2 or subsection 3 or subsection 4 or subsection 5 should be made applicable to a commission, the appropriate government may, by notification in the official gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that commission and on the issue of such a notification, the said provisions shall apply accordingly. 2 the commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, the subject matter of the inquiry 1 and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the indian penal code 45 of . 3 the commission or any officer, not below the rank of a gazetted officer, specially authorised in this behalf by the commission may enter any building or place where the commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any books of account or documents or take extracts or copies therefrom, subject to the provisions of section 102 and section 103 of the code of criminal procedure, 5 of , in so far as they may be applicable. 4 the commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 5 of , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the code of criminal procedure, . 5 any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of . 1. ins. by act 79 of , s. 7 w.e.f. .

section 6a. of the commissions of inquiry act : 1 6a. persons not obliged to disclose secret process of manufacture of goods in certain cases.except in cases where a commission is expressly required to inquire into the process of manufacture of any goods, nothing in this act shall be deemed to compel any person giving evidence before the commission to disclose any secret process of manufacture thereof. 1 ins. by act 79 of , s. 9 w.e.f. .

section 4. of the commissions of inquiry act : the commission shall have the powers of a civil court, while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a 1summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which may be prescribed. 1. subs. by act 79 of , s. 6, for certain words w.e.f. .

section 7. of the commissions of inquiry act : 1 7. commission to cease to exist when so notified.1 the appropriate government may, by notification in the official gazette, declare that a a commission other than a commission appointed in pursuance of a resolution passed by 2 each house of parliament or, as the case may be, the legislature of the state shall cease to exist, if it is of opinion that the continued existence of the commission is unnecessary b a commission appointed in pursuance of a resolution passed by 2 each house of parliament or, as the case may be, the legislature of the state shall cease to exist if a resolution for the discontinuance of the commission is passed by 2 each house of parliament or, as the case may be, the legislature of the state. 2 every notification issued under subsection 1 shall specify the date from which the commission shall cease to exist and on the issue of such notification, the commission shall cease to exist with effect from the date specified therein. 1 subs. by s. 10, ibid., for section 7 w.e.f. . 2 subs. by act 19 of , s. 3, for certain words w.e.f. .

section 8. of the commissions of inquiry act : the commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure including the fixing of places and times of its sittings and deciding whether to sit in public or in private 1 . 1. certain words omitted by act 79 of , s. 11 w.e.f. .

section 8b. of the commissions of inquiry act : 18b. persons likely to be prejudicially affected to be heard.if, at any stage of the inquiry, the commission, a considers it necessary to inquire into the conduct of any person or b is of opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, the commission shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence: provided that nothing in this section shall apply where the credit of a witness is being impeached. 1 ins. by s. 12, ibid. w.e.f. .

section 10a. of the commissions of inquiry act : 1 10a. penalty for acts calculated to bring the commission or any member thereof into disrepute.1 if any person, by words either spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the commission or any member thereof into disrepute, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine, or with both. 2 2 notwithstanding anything contained in the code of criminal procedure, 2 of , when an offence under subsection 1 is alleged to have been committed, the high court may take cognizance of such offence, without the case being committed to it, upon a complaint in writing, made by a member of a commission or an officer of the commission authorised by it in this behalf. 3 every complaint referred to it in subsection 2 shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. 4 no high court shall take cognizance of an offence under subsection 1 unless the complaint is made within six months from the date on which the offence is alleged to have been committed. 5 a high court taking cognizance of an offence under subsection 1 shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a court of a magistrate: provided that the personal attendance of a member of a commission as a complainant or otherwise is not required in such trial. 6 notwithstanding anything contained in the code of criminal procedure, 2 of an appeal shall lie as a matter of right from any judgment of the high court to the supreme court, both on facts and on law. 7 every appeal to the supreme court under subsection 6 shall be preferred within a period of thirty days from the date of the judgment appealed from: provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. 1 ins. by act 79 of , s. 13 w.e.f. . 2 subs. by act 63 of , s. 3, for subsection 2 w.e.f. .

section 8a. of the commissions of inquiry act : 18a. inquiry not to be interrupted by reason of vacancy or change in the constitution of the commission.1 where the commission consists of two or more members, it may act notwithstanding the absence of the chairman or any other member or any vacancy among its members. 2 where during the course of an inquiry before a commission, a change has taken place in the constitution of the commission by reason of any vacancy having been filled or by any other reason, it shall not be necessary for the commission to commence the inquiry a fresh and the inquiry may be continued from the stage at which the change took place. 1 ins. by s. 12, ibid w.e.f. .

section 11. of the commissions of inquiry act : where any authority by whatever name called, other than a commission appointed under section 3, has been or is set up under any resolution or order of the appropriate government for the purpose of making an inquiry into any definite matter of public importance and that government is of opinion that all or any of the provisions of this act should be made applicable to that authority, that government may, subject to the prohibition contained in the proviso to sub section 1 of section 3, by notification in the official gazette, direct that the said provisions of this act shall apply to that authority, and on the issue of such a notification, that authority shall be deemed to be a commission appointed under section 3 for the purposes of this act.

section 12. of the commissions of inquiry act : show related subordinates 1 the appropriate government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and the conditions of service of the members of the commission b the manner in which inquiries may be held under this act and the procedure to be followed by the commission in respect of the proceedings before it c the powers of civil court which may be vested in the commission 1 cc the travelling and other expenses payable to assessors appointed under section 5b, and to person summoned by the commission to give evidence or to produce documents before it d any other matter which has to be, or may be, prescribed. 2 3 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 3 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 4 4 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 63 of , s. 4 w.e.f. . 2 .ins. by act 79 of , s. 14 w.e.f. . 3. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. . 4. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 9. of the commissions of inquiry act : no suit or other legal proceeding shall lie against the appropriate government, the commission or any member thereof, or any person acting under the direction either of the appropriate government or of the commission in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder or in respect of the publication, by or under the authority of the appropriate government or the commission, of any report, paper or proceedings.

section 10., to be public servants. of the commissions of inquiry act : every member of the commission and every officer appointed or authorised by the commission in exercise of functions under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 8c. of the commissions of inquiry act : 18c. right of crossexamination and representation by legal practitioner.the appropriate government, every person referred to in section 8b and, with the permission of the commission, any other person whose evidence is recorded by the commission, a may crossexamine a witness other than a witness produced by it or him b may address the commission and c may be represented before the commission by a legal practitioner or, with the permission of the commission, by any other person. 1. ins. by s. 12, ibid. w.e.f. .

section 8. of the chemical weapons convention act : the national authority shall prepare such initial, annual and other periodical declarations regarding toxic chemicals or precursors listed in any of the schedules 1 to 3 in the annex on chemicals to the convention, discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, chemical weapons, old chemical weapons, abandoned chemical weapons, riot control agents, chemical weapons production facilities, past transfers of chemical weapons or their production equipments or any other declaration required to be made under the convention and shall submit such declarations to the organization at such time as are specified under the convention.

section 1. of the chemical weapons convention act : show related subordinates this act may be called the chemical weapons convention act, . 2 it extends to the whole of india, and it shall apply to a citizens of india outside india and b associates, branches or subsidiaries, outside india of companies or bodies corporate, registered or incorporated in india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 1st july, except sections 18 and 39, vide notification no. s.o. 818e, dated 13th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the chemical weapons convention act : in this act, unless the context otherwise requires, a article means an article of the convention b chemical weapons means, i the toxic chemicals and their precursors, except where intended for purposes not prohibited under the convention, as long as the types and quantities are consistent with such purposes ii the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subclause i, which would be released as a result of the employment of such munitions and devices iii any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subclause ii, together or separately c convention means the convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction signed on behalf of the government of india at paris on the 14th day of january, d enforcement officer means a person appointed as such by the central government under subsection 1 of section 9 or by the state government under subsection 2 of that section e goods, in relation to toxic chemicals, precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, means any material, commodity, article or compound consisting of such toxic chemicals, precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine and includes materials, commodities, articles, compounds or apparatus used in the production, processing or storing of toxic chemicals, precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine f industry includes a facility g inspector means an individual designated by the technical secretariat, according to the procedures as set forth in part ii, section a, of the verification annex to the convention, to carry out an inspection or visit in accordance with the convention h national authority means the national authority for the chemical weapons convention established under subsection 1 of section 6 i organization means the organization for the prohibition of chemical weapons established pursuant to article viii j prescribed means prescribed by rules made under this act k purposes not prohibited under the convention means i industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes ii protective purposes namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons iii military purposes not connected with the use of chemical weapons and not dependant on the use of the toxic properties of chemicals as a method of warfare and iv law enforcement including domestic riot control purposes l state party means a signatory or acceding state to the convention whose instrument of ratification or accession has been deposited with the depository of the convention m words and expressions used in this act and not defined but defined in the convention, or the code of criminal procedure, 2 of , shall have the meanings respectively assigned to them in that convention or code.

section 7. of the chemical weapons convention act : 1 subject to the provisions of this act, a it shall be the general duty of the national authority to fulfil, on behalf of the government of india, the obligations under the convention b it shall be incumbent on the national authority to act as the national focal point for effective liaison with the organization and other states parties on matters relating to the convention. 2 subject to the provisions of subsection 1, the functions of the national authority shall be to a interact with the organistion and other states parties for the purpose of fulfilling the obligations of the government of india under the convention b monitor compliance with the provisions of the convention c regulate and monitor the development, production, processing, consumption, transfer or use of toxic chemicals or precursors as specified in the convention d make request to, or to receive request from, a state party for assistance and protection under article x, against the use or threat of use of chemical weapons e manage routine inspection or challenge inspection or managing investigation, in case a complaint of use of chemical weapons or riot control agents as a method of warfare is received from the organization f conduct inspections for the purposes of this act g interact with the organization in respect of acceptance of request of india for challenge inspection or to counter any frivolous or defamatory request made by any state party against india to the organization h scrutinise and accept list of inspectors and to verify the approved equipment brought by an inspection team on to the inspection site i provide escort to the inspection team and the observer within the territory of india j identify and oversee the closure and destruction of chemical weapons, chemical weapons production facilities, old chemical weapons or abandoned chemical weapons k negotiate managed access during the challenge inspection l ensure decontamination of approved equipment after completion of an inspection m advise central government for laying down safeguards for transportation, sampling or storage of chemical weapons and fixation of standards for emission or discharge of environmental pollutants arising out of the destruction of chemical weapons, old chemical weapons, abandoned chemical weapons or chemical weapons production facility n ensure data base confidentiality and maintain secrecy of confidential information and technology collected or received by the national authority under this act o facilitate exchange of scientific and technological information relating to developments in chemicals amongst the states parties p call for such information from any person which the national authority has reasonable cause to believe that such information may be required for complying with the provisions of the convention q approve and declare, on behalf of the government of india, a single smallscale facility for production of toxic chemicals listed in schedule 1 in the annex on chemicals to the convention for purposes not prohibited under the convention r provide training to enforcement officers s ensure protection of environment, health and safety of the people during transportation, sampling, storage or destruction of chemical weapons, chemical weapons production facilities, old chemical weapons or abandoned chemical weapons t coordinate exchange of scientific and technological information among laboratories handling toxic chemicals or precursors u determine, from time to time, the quantity limit that a person at any time may produce, otherwise acquire, retain, transfer or use any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention, any discrete organic chemical including discrete organic chemical containing elements of phosphorous, sulphur or fluorine for purposes not prohibited under the convention v such other functions as may be prescribed.

section 4. of the chemical weapons convention act : where the central government considers any inspection of a chemical weapons production facility in india under this act to be against the interest of national security or economic interests of india, it may deny the request for such inspection.

section 3. of the chemical weapons convention act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of the convention set out in the schedule to this act shall have the force of law in india. 2 the central government may, from time to time and by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein.

section 10. of the chemical weapons convention act : notwithstanding anything contained in any other law but subject to the provisions of this act ,the national authority may, in the exercise of its powers and performance of its functions under this act, issue directions in writing to any person, officer or authority and such person, officer or authority shall be bound to comply with such directions explanation.for the avoidance of doubts, it is hereby declared that the power to issue direction under this section includes the power to direct a the closure, prohibition or regulation of any company, firm or industry engaged in the development, production, processing, consumption or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or, the production of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine or b the stoppage or regulation of the supply of electricity or water or any other service to such company, firm or industry.

section 5. of the chemical weapons convention act : the central government may, by notification in the official gazette, declare that this act shall cease to be in force in case the government of india withdraws from the convention in accordance with the provisions of article xvi, and on such declaration this act shall cease to be in force, but its expiry under the operation of this section shall not affect a the previous operation of, or anything duly done or suffered under, this act or any rule made there under or any order made under any such rule, or b any right privilege, obligation or liability acquired, accrued or incurred under this act or any rule made thereunder or any order made under any such rule, or c any penalty, forfeiture or punishment incurred in respect of any offence under this act, or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act had not expired.

section 6. of the chemical weapons convention act : show related subordinates 1 for the purposes of this act, the central government shall establish, by notification in the official gazette, an authority to be known as the national authority for implementing the provisions of the convention which shall consist of a chairperson and such number of directors as may be appointed by the central government. 2 the central government may appoint officers and such other employees to the national authority as it thinks fit for the purposes of this act. 3 the salary and allowances payable to, and other terms and conditions of service of, the chairperson and the directors shall be such as may be prescribed. 4 the salary and allowances payable to, and other terms and conditions of service of, officers and other employees of the national authority shall be such as may be prescribed. 5 in the exercise of its powers and performance of its functions under this act, the national authority shall be subject to the control of the central government.

section 9. of the chemical weapons convention act : show related subordinates 1 the central government may, by notification in the official gazette, appoint such of the officers of the national authority 1or of the central government as it thinks fit to be enforcement officers for the purposes of this act: 1provided that such officers shall fulfil the prescribed criteria. 2 the state government may, as and when so directed by the central government and by notification in the official gazette, appoint such of its officers of gazetted rank as it thinks fit to be enforcement officers for the purposes of this act and assign to them such local limits as it may think fit. 3 every officer appointed as enforcement officer under subsection 1 or under subsection 2 shall be furnished by the central government or by the state government, as the case may be, with a certificate of appointment as an enforcement officer and the certificate shall, on demand, be produced by such enforcement officer 1. ins. by act 36 of , s. 2 w.e.f. .

section 11. of the chemical weapons convention act : show related subordinates the central government may, if it considers it necessary or expedient so to do for the purposes of this act, by order, published in the official gazette, constitute a committee by such name as may be specified in the order for the purpose of overseeing the functions of the national authority and exercising and performing such of the powers and functions of the central government under this act except the power to make rules under section 56 as may be specified in the order and subject to the supervision and control of the central government and the provisions of such order, such committee may exercise the powers or perform the functions so specified in the order as if such committee had been empowered by this act to exercise those powers or perform those functions.

section 12. of the chemical weapons convention act : 1 notwithstanding anything contained in any other law for the time being in force, the national authority may, by general or special order, call upon a person, to furnish to that authority periodically or as and when required any information, declaration or return concerning toxic chemicals or precursors listed in any of the schedules 1 to 3 in the annex on chemicals to the convention, chemical weapons, old chemical weapons, abandoned chemical weapons, chemical weapons production facilities, riot control agents, single smallscale facility or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine with such particulars as may be specified by the national authority. 2 no person shall, when complying with any requisition made under subsection 1, give any information or furnish any declaration, return or statement which he knows, or has reasonable cause to believe to be false or not true in any material particular.

section 13., chemical weapons. of the chemical weapons convention act : 1 no person shall a develop, produce, otherwise acquire, stockpile, retain or use chemical weapons or transfer, directly or indirectly, any chemical weapons to any person b use riot control agents as a method of warfare c engage in any military preparations to use chemical weapons d assist, encourage or induce, in any manner, any person to engage in i the use of any riot control agent as a method of warfare ii any other activity prohibited to a state party under the convention. 2 the prohibition contained in subsection 1 shall not apply to the retention or possession of chemical weapons, which are permitted by the convention, pending destruction of such weapons.

section 14. of the chemical weapons convention act : any person having knowledge about the possession or location of old chemical weapons or abandoned chemical weapons shall inform the national authority of such possession and the precise location of such old chemical weapons or abandoned chemical weapons within seven days from the commencement of this act: provided that where the knowledge about the possession or location of old chemical weapons or abandoned chemical weapons is obtained after the commencement of this act, an information aboutknowledge of such possession or location shall be given to the national authority within seven days from the occurrence of such knowledge.

section 20. of the chemical weapons convention act : 1 any enforcement officer shall have the right to enter with such assistance as he considers necessary, any building or place for the purpose of a verifying the correctness of any information, declaration or return furnished under subsection 2 of section 12 b performing any of the functions of the national authority entrusted to him c determining whether any provisions of this act or the rules made thereunder or any direction given under this act is being complied with by any person engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or engaged in the production of any discrete organic chemical including discrete organic chemical containing elements of phosphorous, sulphur or fluorine d examining or testing any facility, record, document or any other material object, as the case may be, or conducting a search of any place or person e conducting a search where a warrant under subsection 1 of section 22 is addressed to such enforcement officer or he is so authorised under subsection 2 of that section. 2 any enforcement officer shall have a right to accompany the inspector or inspection team as a representative of india during inspection in india.

section 15., toxic chemical or precursor. of the chemical weapons convention act : no person shall a produce, acquire, retain or use toxic chemicals or precursors listed in schedule 1 in the annex on chemicals to the convention, outside the territories of states parties, and shall not transfer such chemicals or precursors outside the territory of india except to another state party b produce, acquire, retain, transfer or use toxic chemicals or precursors listed in schedule 1 in the annex on chemicals to the convention without permission from the national authority and unless i the toxic chemicals or precursors listed in schedule 1 in the annex on chemicals to the convention are for the purposes to be applied to research, medical, pharmaceutical or protective purposes and ii the types of toxic chemicals or precursors are strictly limited to those that can be justified with reference to the purposes specified in subclause i and the quantities of such toxic chemicals or precursors for such purposes at any time do not exceed the limits fixed by the national authority c transfer the toxic chemicals or precursors listed in schedule 1 in the annex on chemicals to the convention to another state party outside india except i for the purposes specified in subclause i of clause b and ii in accordance with the procedure set out in part vi of the verification annex to the convention: provided that no toxic chemicals or precursors referred to in clause c shall be retransferred to any third state.

section 16. of the chemical weapons convention act : 116. restriction on transfer of toxic chemical or precursor listed in schedule 2.no person shall transfer to, or receive from, a state which is not a party to the convention or any person who is not a citizen of a state party, any toxic chemical or precursor listed in schedule 2 in the annex on chemicals to the convention. 1. subs. by act 36 of , s. 3, for section 16 w.e.f. .

section 17. of the chemical weapons convention act : no person shall export from, or import into, india a toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention except in accordance with the provisions of the export and import policy determined by the central government from time to time under the foreign trade development and regulation act, 22 of and the orders issued thereunder.

section 21. of the chemical weapons convention act : if any person wilfully a refuses without reasonable excuse to comply with the request made by the inspector or inspection team for the purpose of facilitating the conduct of that inspection in accordance with the verification annex to the convention b delays or obstructs any member of the inspection team, inspector, enforcement officer or the observer in the conduct of inspection c removes or tampers with any onsite instrument or approved equipment installed by the enforcement officer, inspector or inspection team with the intention of adversely affecting the operation of such instrument or equipment, he shall be guilty of an offence punishable under this act.

section 19. of the chemical weapons convention act : 1 an inspector may inspect a any person who is engaged in i the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or ii the production of any discrete organic chemical including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine b any place where any chemical weapon, old chemical weapon or abandoned chemical weapon is located or chemical weapon production facility exists, for the purposes specified in the verification annex to the convention. 2 an inspection team may undertake a challenge inspection of any facility or location pursuant to article ix and such inspection shall be undertaken in accordance with the provisions of the verification annex to the convention. 3 the inspection team may, while carrying out a challenge inspection, be accompanied by an observer to observe the conduct of the challenge inspection. 4 an enforcement officer shall accompany the inspector or inspection team to observe all verification activities carried out by the inspector or inspection team and to provide the inspector or inspection team, during the inspection, with such clarifications in connection with an ambiguity that may arise during an inspection as may be necessary to remove such ambiguity. 5 every inspector or inspection team shall have a the right to interview any facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts b the right to request clarifications in connection with ambiguities that may arise during inspection c the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection d the right to take photographs of an object or a building located within the inspection site if question relating to that object or building is not resolved e the right to draw samples, perform on site analysis of such samples and f such other rights as are provided under the convention. 6 an inspector or inspection team shall, during the conduct of verification activities or challenge inspection, enjoy the privileges and immunities referred to in part ii of the verification annex to the convention. 7 no sample drawn under clause e of subsection 5 by an inspector or inspection team shall be sent for analysis in any laboratory situated outside the territory of india.

section 18., of any toxic chemical or precursor. of the chemical weapons convention act : 11subject to such exemptions and thresholds as may be prescribed, every person who is engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or, engaged in the production of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine shall make, within thirty days from the commencement of this act, an application for registration of his name, as a producer, processor, acquirer, consumer, transferor, importer, exporter or user of any toxic chemical or precursor or, as the case may be, as a producer of any discrete organic chemicals including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, to such registration authority as the central government may, by notification in the official gazette, specify in this behalf. 2 2subject to such exemptions and thresholds as may be prescribed, no person, who after the coming into force of this section, desires to produce, process, acquire, consume, transfer, import, export or use any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or, desires to produce any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, shall commence business unless such person has applied to the registration authority specified under subsection 1 for registration of his name as a producer, processor, acquirer, consumer, transferor, importer, exporter or user of any toxic chemical or precursor or, as the case may be, as a producer of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine. 3 the form of application to be made to the registration authority under subsection 1 or subsection 2, the particulars to be contained in such application form, the manner in which such application shall be made, the fee payable on such application, the form of certificate of registration, the procedure to be followed in granting or cancelling certificate of registration shall be such as may be prescribed. 4 on receipt of the application referred to in subsection 1 or subsection 2, the registration authority shall, if the application is in the prescribed form, register the name of the applicant and grant him a certificate of registration 3subject to such terms and conditions as may be prescribed. 5 the certificate of registration granted in pursuance of this section shall be valid for a period specified therein and may be renewed from time to time for such further period and on payment of such fee as may be prescribed. 36 every person, to whom a certificate of registration is granted under subsection 4, shall furnish to the central government periodically, or, as and when required, such information, declaration or return as may be prescribed. 1. subs. by s. 4, ibid., for every person who is w.e.f. . 2. subs. by act 36 of , s. 4, for no person, who after the commencement of this act w.e.f. . 3. ins. by s. 4, ibid. w.e.f. .

section 22. of the chemical weapons convention act : 1 a metropolitan magistrate or a judicial magistrate of the first class or any magistrate of the second class specially empowered by the state government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under chapter vi or for the search, whether by day or by night, of any industry, building, conveyance or place in which he has reason to believe that any goods in relation to which an offence punishable under chapter vi has been committed or any document or other goods which may furnish evidence of the commission of such offence is kept or concealed. 2 any enforcement officer or such other officer of the national authority as is empowered in this behalf by general or special order by the central government or any such officer of a state government as is empowered in this behalf by general or special order of the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any person has committed an offence punishable under chapter vi or any goods in relation to which an offence punishable under chapter vi has been committed or any document or other goods which may furnish evidence of the commission of such offence has been kept or concealed in any industry, building, conveyance or place, may authorise any officer subordinate to him to arrest such person or search an industry or a building, conveyance or place, whether by day or by night, or himself arrest a person or search an industry or a building, conveyance or place. 3 the officer to whom a warrant under subsection 1 is addressed and the officer who authorised the arrest or search or such subordinate officer who is so authorised under subsection 2 shall have all the powers of an officer acting under section 23.

section 29. of the chemical weapons convention act : 1 any officer arresting a person under section 22 or section 23 or section 24 shall, as soon as may be, inform him of the grounds for such arrest. 2 every person arrested and goods seized under warrant issued under subsection 1 of section 22 shall be forwarded without unnecessary delay to the magistrate by whom the warrant was issued. 3 every person arrested and goods seized under subsection 2 of section 22 or section 23 or section 24 shall be forwarded without unnecessary delay to a the officer in charge of the nearest police station or b the officer empowered under section 30. 4 the authority or officer to whom any person or goods is forwarded under subsection 2 or subsection 3 shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or goods.

section 23. of the chemical weapons convention act : 1 any such subordinate officer to the enforcement officer as is authorised in this behalf by general or special order by the central government or any such subordinate officer to the enforcement officer as is authorised in this behalf by general or special order of the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any goods in relation to which an offence punishable under chapter vi has been committed or any document or goods which may furnish evidence of the commission of such offence is kept or concealed in any industry, building, conveyance or place, may, between sunrise and sunset, a enter into and search any such industry, building, conveyance or place b in case of resistance, break open any door and remove any obstacle to such entry c seize such chemical weapons, chemical weapons production facilities, riot control agents, old chemical weapons, abandoned chemical weapons, toxic chemicals or precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, all goods and any conveyance which he has reason to believe to be liable to confiscation under this act and any document or other goods which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter vi relating to such chemical weapons, chemical weapons production facilities, riot control agents, old chemical weapons, abandoned chemical weapons, toxic chemicals, precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine and d detain and search, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under chapter vi relating to such chemical weapons, chemical weapons production facilities, riot control agents, old chemical weapons, abandoned chemical weapons, toxic chemicals or precursors or discrete organic chemicals including those discrete organic chemicals containing elements of phosphorous, sulphur or fluorine: provided that if such subordinate officer has reason to believe that search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such industry, building, conveyance or place at any time between sunset and sunrise after recording the grounds of his belief. 2 where an officer takes down any information in writing under subsection 1 or records grounds for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate superior officer.

section 24. of the chemical weapons convention act : any subordinate officer to the enforcement officer as is authorised in section 23 may a seize, in any public place or in transit, any goods, in relation to which he has reason to believe an offence punishable under chapter vi has been committed, and, along with such goods, any conveyance liable to confiscation under this act, and any document or goods which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter vi relating to such goods b detain and search any person whom he has reason to believe to have committed an offence punishable under chapter vi, and, if such person has any toxic chemical or precursor or any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. explanation.for the purposes of this section, the expression public place includes any public conveyance, shop, hotel or other place intended for use by, or accessible to, the public.

section 26. of the chemical weapons convention act : any subordinate officer authorised under section 23 may, if he has reason to suspect that any conveyance is, or is likely to be, used for the transport of any goods in respect of which he suspects that any provision of this act has been, or is being, or is likely to be, contravened at any time, stop such conveyance, or in the case of an aircraft compel it to land and a rummage and search the conveyance or part thereof b examine and search any goods in the conveyance c if it becomes necessary to stop the conveyance, he may use all lawful means for stopping it.

section 27. of the chemical weapons convention act : 1 when any subordinate officer authorised under section 23 or any subordinate officer exercising power in pursuance of subsection 3 of section 22 is about to search any person under the provisions of section 22 or section 23 or section 24, he shall, if such person so requires, take such person without unnecessary delay to the nearest enforcement officer or the officer authorising such search or the nearest magistrate. 2 if such requisition is made, the officer may detain the person until he can bring him before the officer or the magistrate referred to in subsection 1. 3 the officer or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. 4 no female shall be searched by anyone excepting a female.

section 25. of the chemical weapons convention act : 1 where it is not practicable to seize any goods which are liable to confiscation under this act, any officer authorised under section 23 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer. 2 for effecting seizure and confiscation, the owner, the plant operator and other officials of the facility shall provide all assistance with regard to safety in handling of goods.

section 28. of the chemical weapons convention act : the provisions of the code of criminal procedure, shall apply, in so far as they are not inconsistent with the provisions of this act, to all warrants issued and arrests, searches and seizures made under this act.

section 37. of the chemical weapons convention act : any subordinate officer authorised under section 23 may, during the course of any inquiry in connection with the contravention of any provision of this act, a call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this act or any rule or order made or direction issued thereunder b require any person to produce or deliver any document or thing useful or relevant to the enquiry c examine any person acquainted with the facts and circumstances of the case.

section 30., with powers of an officer in charge of a police station. of the chemical weapons convention act : 1 the central government may, after consultation with the state government, by notification published in the official gazette, invest any officer of the national authority with the powers of an officer in charge of a police station for the investigation of the offences under this act 2 the state government may, by notification published in the official gazette, invest any of officer of gazetted rank or any class of such officers with the powers of an officer in charge of a police station for the investigation of the offences under this act.

section 31. of the chemical weapons convention act : an officer in charge of a police station shall take charge of and keep in safe custody, pending the orders of the magistrate, all goods seized under this act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such goods to the police station or who may be deputed for the purpose, to affix his seal to such goods or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer in charge of the police station.

section 32. of the chemical weapons convention act : whenever any person makes any arrest or seizure under this act, he shall, within fortyeight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior officer.

section 36. of the chemical weapons convention act : 1 in the trial of offences under this act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any goods seized under this act is liable to confiscation and, if it decides that the goods is so liable, it may order confiscation accordingly. 2 where any goods seized under this act appears to be liable to confiscation under section 33 or section 34 or section 35, but the person who committed the offence therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: provided that no order of confiscation of any goods shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim. 3 any person not convicted who claims any right to property which has been confiscated under this section may appeal to the court of session against the order of confiscation

section 33. of the chemical weapons convention act : 1 whenever any offence punishable under chapter vi has been committed, the goods or in respect of which or by means of which such offence has been committed, shall be liable o confiscation. 2 any toxic chemical or precursor lawfully produced, imported into india, transported, used, purchased or sold along with, or in addition to, any goods which is liable to confiscation under subsection 1 and the receptacles, packages and coverings in which any goods liable to confiscation under subsection 1, is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. 3 any conveyance used in carrying any goods liable to confiscation under subsection 1 or subsection 2 shall be liable to confiscation, unless the owner of the conveyance proves that it was used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance and that each of them had taken all reasonable precautions against such use.

section 34. of the chemical weapons convention act : any goods used for concealing any goods which is liable to confiscation under this act shall also be liable to confiscation. explanation.in this section, goods includes conveyance as a means of transport.

section 35. of the chemical weapons convention act : where any goods is sold by a person having knowledge or reason to believe that the goods is liable to confiscation under this act, the sale proceeds thereof shall also be liable to confiscation.

section 38. of the chemical weapons convention act : no enforcement officer, subordinate officer to enforcement officer or officer of the national authority or the state government or officer subordinate to such officer as is mentioned in subsection 2 of section 22 acting in exercise of powers vested in him under any provision of this act or any such order made thereunder shall be compelled to say when he got any information as to the commission of any offence.

section 40., of chemical weapons or riot control agents, etc. of the chemical weapons convention act : whoever, in contravention of any provision of this act, develops, produces, otherwise acquires, stockpiles, retains or uses chemical weapons, transfers, directly or indirectly, any chemical weapon to any person, uses any riot control agent as a method of warfare, engages in any military preparations to use chemical weapons, assists, encourages or induces in any manner any person to engage in the use of any riot control agent as a method of warfare or any other activity prohibited to a state party under the convention, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees.

section 45. of the chemical weapons convention act : whoever does not comply with the obligations related to inspection activity under the convention or delays or obstructs any inspection team or inspector or enforcement officer or observer in performance of his functions or wilfully removes or tampers with any installed on site instrument or any approved equipment shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees.

section 39. of the chemical weapons convention act : whoever a before the commencement of this act had been engaged in development, production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or engaged in the production of any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine and continues to be, after such commencement, so engaged or b after the commencement of this act produces, processes, acquires, consumes, transfers, imports, exports or uses any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention or produces any discrete organic chemical including discrete organic chemicals containing elements of phosphorous, sulphur or fluorine, without complying with the provisions of subsection 1 or, as the case may be, subsection 2 of section 18 shall, unless his name is registered in accordance with the provisions of that section, be punishable with fine which may extend to one lakh rupees, and in the case of continuing default, with a further fine which may extend to one lakh rupees every day during which such default continues after conviction for the first default or with imprisonment for a term which may extend to three years, or with both.

section 41., listed in schedule 1. of the chemical weapons convention act : whoever, in contravention of any provision of this act, produces, acquires, retains, transfers or uses any toxic chemical or precursor listed in schedule 1 in the annex on chemicals to the convention for the purposes prohibited to a state party under the convention or transfers any toxic chemical or precursor listed in schedule 1 in the annex on chemicals to the convention outside india, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees.

section 42., listed in schedule 2. of the chemical weapons convention act : whoever, in contravention of any provision of this act transfers to or receives from 1a state which is not a state party or any person who is not a citizen of a state party any toxic chemical or precursor listed in schedule 2 in the annex on chemicals to the convention, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees. 1. subs. by act 36 of , s. 5, for any person w.e.f. .

section 43. of the chemical weapons convention act : whoever, in contravention of any provision of this act, exports from or imports into india any toxic chemical or precursor listed in any of the schedules 1 to 3 in the annex on chemicals to the convention, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees.

section 44. of the chemical weapons convention act : whoever, in contravention of any provision of this act, divulges any confidential information obtained by the national authority from any declaration or return furnished or any statement made, information supplied to, or obtained by, an enforcement officer during the course of any inspection carried out under the provisions of this act to any other person, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and shall also be liable to fine which may extend to one lakh rupees.

section 53. of the chemical weapons convention act : 1 the central government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act except the power to make rules under section 56 as it may deem necessary or expedient, to the national authority or the committee referred to in section 11. 2 the state government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act, as it may deem necessary or expedient, to any authority or officer of that government.

section 46. of the chemical weapons convention act : any person who being required by or under this act to furnish any a information b declaration or c return, fails to furnish such information, declaration or return shall be punishable with fine which may extend to one lakh rupees, and in the case of continuing default, with a further fine which may extend to one lakh rupees for every day during which such default continues after conviction for the first such default, or with imprisonment for a term which may extend to three years, or with both.

section 47. of the chemical weapons convention act : notwithstanding anything contained in the code of criminal procedure, 2 of , the offence punishable under section 46 shall be cognizable.

section 48. of the chemical weapons convention act : 1 where any offence under chapter vi has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under chapter vi has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner of the firm.

section 49. of the chemical weapons convention act : no court shall take cognizance of any offence punishable under this act except with the previous sanction of the central government or the authority notified by the central government, in the official gazette, to be competent to sanction prosecution of the offences under this act.

section 52. of the chemical weapons convention act : no suit, prosecution or other legal proceeding shall lie against the central government or a state government or any officer of the central government or of a state government or the chairperson, directors, officers and other employees of the national authority or any other person exercising any powers or discharging any functions or performing any duties under this act, for anything in good faith done or intended to be done under this act or any rule or order made thereunder.

section 56. of the chemical weapons convention act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salary and allowances payable to, and other terms and conditions of service of, the chairperson and the directors under subsection 3 of section 6, and the salary and allowances payable to and other terms and conditions of service of officers and other employees of the national authority under subsection 4 of that section b other functions of the national authority that may be prescribed under clause v of subsection 2 of section 7 1ba the criteria which the officers are required to fulfil under subsection 1 of section 9 2c the exemptions and thresholds under subsections 1 and 2 of section 18, the form of application, the particulars to be contained in the application form, the form of certificate of registration, the manner of making application, the amount of fee payable, the procedure to be followed in granting or cancelling certificate of registration under subsection 3 of section 18, the terms and conditions for granting a certificate of registration under subsection 4 of section 18, the period for which a renewed certificate of registration may be issued and the amount of fee payable therefor under subsection 5 of subsection 18, and information, declaration or return to be furnished under subsection 6 of that section d the time within which appeal may be preferred under subsection 1 of section 50 e the form for making appeal and the fee to be accompanied therewith under subsection 3 of section 50 f the procedure for disposing of appeal under subsection 4 of section 50 g any other matter which is to be, or may be, prescribed. 3 every notification issued under subsection 2 of section 3, any declaration made under section 5, every order made under section 55 and every rule made under section 56 shall be laid, as soon as may be after it is issued or made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification, order or rule or both houses agree that the notification, order or rule should not be issued or made, the notification, order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification, order or rule. 1. ins. by act 36 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for clause c w.e.f. .

section 50. of the chemical weapons convention act : show related subordinates 1 any person aggrieved by any direction of the national authority issued under section 10 may prefer an appeal to the central government within such time as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and shall be accompanied by a copy of the direction appealed against and by such fee as may be prescribed. 4 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.

section 51. of the chemical weapons convention act : show related subordinates notwithstanding anything contained in this act, the provisions of the convention in so far as they relate to a restriction or reporting b inspection or c declaration and verification, shall not apply to any mixtures containing such concentration of any chemicals specified in schedule 2 or schedule 3 in the annex on chemicals to the convention as the central government may, by notification in the official gazette, specify.

section 54. of the chemical weapons convention act : the chairperson, directors, officers and other employees of the national authority or any other person exercising any powers or discharging any functions under this act shall be deemed to be the public servant within the meaning of section 21 of the indian penal code 45 of .

section 55. of the chemical weapons convention act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date on which this act receives the assent of the president.

section 1. of the national commission for women act : show related subordinates 1this act may be called the national commission for women act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 asthe central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 31st january, , vide notification no. s.o. 99e, dated 31st january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 8. of the national commission for women act : show related subordinates 1 the commission may appoint such committees as may be necessary for dealing with such special issues as may be taken up by the commission from time to time. 2 the commission shall have the power to coopt as members of any committee appointed under subsection 1 such number of persons, who are not members of the commission, as it may think fit and the persons so coopted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote. 3 the persons so coopted shall be entitled to receive such allowances for attending the meetings of the committee as may be prescribed.

section 2. of the national commission for women act : in this act, unless the context otherwise requires, a commission means the national commission for women constituted under section 3 b member means a member of the commission and includes the membersecretary c prescribed means prescribed by rules made under this act.

section 3. of the national commission for women act : show related subordinates 1 the central government shall constitute a body to be known as the national commission for women to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the commission shall consist of a a chairperson, committed to the cause of women, to be nominated by the central government b five members to be nominated by the central government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry or organisation committed to increasing the employment potential of women, womens voluntary organisations including women activists, administration, economic development, health, education or social welfare: provided that at least one member each shall be from amongst persons belonging to the scheduled castes and scheduled tribes respectively c a membersecretary to be nominated by the central government, who shall be i an expert in the field of management, organisational structure or sociological movement, or ii an officer who is a member of a civil service of the union or of an allindia service or holds a civil post under the union with appropriate experience. rules notifications yeardescriptionfiles the national commission for women salaries and allowances and conditions of service of chairperson and members rules, yeardescriptionfiles notification dated 31st january, notification dated 29th june,

section 4. of the national commission for women act : show related subordinates 1the chairperson and every member shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalf. 2 the chairperson or a member other than the membersecretary who is a member of a civil service of the union or of an allindia service or holds a civil post under the union may, by writing and addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time. 3 the central government shall remove a person from the office of chairperson or a member referred to in subsection 2 if that person a becomes an undischarged insolvent b gets convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude c becomes of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission or f in the opinion of the central government has so abused the position of chairperson or member as to render that persons continuance in office detrimental to the public interest: provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter. 4 a vacancy caused under subsection 2 or otherwise shall be filled by fresh nomination. 5 the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed. rules yeardescriptionfiles the national commission for women salaries and allowances and conditions of service of chairperson and members rules,

section 5. of the national commission for women act : 1 the central government shall provide the commission with such officers and employees as may be necessary for the efficient performance of the functions of the commission under this act. 2 the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed.

section 7., not to invalidate proceedings of the commission. of the national commission for women act : no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the commission.

section 6. of the national commission for women act : the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in subsection 1 of section 11.

section 9. of the national commission for women act : show related subordinates 1 the commission or a committee thereof shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit. 2 the commission shall regulate its own procedure and the procedure of the committees thereof. 3 all orders and decisions of the commission shall be authenticated by the membersecretary or any other officer of the commission duly authorised by the membersecretary in this behalf. regulations yeardescriptionfiles the national commission for women procedure regulations, the national commission for women procedure regulations, part ii the national commission for women procedure regulations, for dealing with complaints in nri cell

section 16. of the national commission for women act : the central government shall consult the commission on all major policy matters affecting women.

section 13. of the national commission for women act : thecommission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government.

section 10. of the national commission for women act : show related subordinates 1 the commission shall perform all or any of the following functions, namely: a investigate and examine all matters relating to the safeguards provided for women under the constitution and other law b present to the central government, annually and at such other times as the commission may deem fit, reports upon the working of those safeguards c make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the union or any state d review, from time to time, the existing provisions of the constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations e take up the cases of violation of the provisions of the constitution and of other laws relating to women with the appropriate authorities f look into complaints and take suomoto notice of matters relating to i deprivation of womens rights ii nonimplementation of laws enacted to provide protection to women and also to achieve the objective of equality and development iii noncompliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities g call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal h undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity i participate and advise on the planning process of socioeconomic development of women j evaluate the progress of the development of women under the union and any state k inspect or cause to be inspected a jail, remand home, womens institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary l fund litigation involving issues affecting a large body of women m make periodical reports to the government on any matter pertaining to women and in particular various difficulties under which women toil n any other matter which may be referred to it by the central government. 2 the central government shall cause all the reports referred to in clause b of subsection 1 to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the nonacceptance, if any of any of such recommendations. 3 where any such reportor any part thereof relates to any matter with which any state government is concerned, the commission shall forward a copy of such report or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the nonacceptance, if any, of any of such recommendations. 4 the commission shall, while investigating any matter referred to in clause a or subclause i of clause f ofsubsection 1, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely: a summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses and documents and f any other matter which may be prescribed. regulations yeardescriptionfiles the national commission for women procedure regulations, part ii the national commission for women procedure regulations, for dealing with complaints in nri cell

section 15. of the national commission for women act : thechairperson, the members, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 12. of the national commission for women act : 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission. 4 the accounts of the commission, as certified by the comptroller and auditorgeneral or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the commission.

section 14. of the national commission for women act : the central government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the nonacceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each house of parliament.

section 17. of the national commission for women act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members under subsection 5 of section 4 and of officers and other employees under subsection2 of section 5 b allowances for attending the meetings of the committee by the coopted persons under subsection 3of section 8 c other matters under clause f of subsection 4 of section 10 d the form in which the annual statement of accounts shall be maintained under subsection 1 of section 12 e the form in, and the time at, which the annual report shall be prepared under section 13 f any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. rules yeardescriptionfiles the national commission for women salaries and allowances and conditions of service of chairperson and members rules, the national commission for women allowances payable to coopted members rules,

section 8. of the cattletrespass act : when cattle are brought to a pound, the poundkeeper shall enter in his register, a the number and description of the animals, b the day and hour on and at which they were so brought, c the name and residence of the seizer, and d the name and residence of the owner, if known, and shall give the seizer or his agent a copy of the entry.

section 1. of the cattletrespass act : 1 1. title and extent.1 this act may be called the cattletrespass act, and 2 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states, and the presidencytowns and such local areas as the state government, by notification in the official gazette, may from time to time exclude from its operation. 3 state amendment maharashtra. amendment of section 1 of act 1 of .in section 1 of the cattletrespass act, , in its application to the state i of bombay hereinafter referred to as the principal act, to subsection 2 the , following proviso shall be added, namely: provided that on the commencement of the cattletrespass bombay extension and amendment act, bom. xiii of , it shall extend to those areas in which the hyderabad, cattle trespass act, or as the case may be the cattletrespass act, hyd. act v of , 1 of , as modified and applied to the saurashtra area of the state of bombay was in force immediately before such commencement. vide bombay act xiii of , s. 3 1. subs. by act 1 of , s. 1, for section 1. 2. subs. by the adaptation of laws no. 2 order, , for part b states. 3. subsection 3 rep. by act 10 of , s. 3 and the second schedule.

section 2.. of the cattletrespass act : repeal of acts. references to repealed acts. rep. by the repealing act, 1 of .

section 7. of the cattletrespass act : every poundkeeper shall keep such registers and furnish such returns as the state government from time to time directs.

section 9. of the cattletrespass act : the poundkeeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed.

section 3. of the cattletrespass act : in this act, officer of police includes also villagewatchman, and cattle includes also elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids 1, and 2local authority means any body of persons for the time being invested by law with the control and administration of any matters within a specified local area, and local fund means any fund under the control or management of a local authority. 1. added by act 1 of , s. 2. 2. cf. definition ins. 3 28 of the general clauses act, 10 of , which applies to all act, passed after the 14 january, .

section 10. of the cattletrespass act : the cultivator or occupier of any land, or any person who has advanced cash for the cultivation of the crop or produce on any land, or the vendee or mortgagee of such crop or produce or any part thereof, may seize or cause to be seized any cattle trespassing on such land and doing damage thereto or to any crop or produce thereon, and 1send them or cause them to be sent within twentyfour hours to the pound established for the village in which the land is situate. police to aid seizures.all officers of police shall, when required, aid in preventing a resistance to such seizures, and b rescues from persons making such seizures. state amendment maharashtra. amendment of section 10 of act i of .in the principal act, in section 10, after the words and figures the bombay village panchayat act, , the words or any corresponding law in force in any part of the state of bombay shall be inserted. vide bombay act xiii of , s. 4 maharashtra. amendment of sections 10, 12 and 26 of, and insertion of new section 28a in act i of .in the cattletrespass act, 1 in section 10, after the words or any part thereof the following shall be inserted, namely: or a watch and ward appointed by a panchayat established under the bombay village panchayats act, , or any person authorised by the state government in this behalf, either by name or by virtue of office. vide bombay act xxxiv of , s. 2 1. subs. by act 1 of , s. 3, for take them or cause them to be taken without unnecessary delay.

section 4. of the cattletrespass act : pounds shall be established at such places as the magistrate of the district, subject to the general control of the state government, from time to time directs. the village by which every pound is to be used shall be determined by the magistrate of the district.

section 11. of the cattletrespass act : 111. cattle damaging public roads, canals and embankments.persons in charge of public roads, pleasuregrounds, plantations, canals, drainageworks, embankments and the like and officers of police, may seize or cause to be seized any cattle doing damage to such roads, grounds, plantations, canals, drainageworks, embankments and the like, or the sides or slopes of such roads, canals, drainageworks or embankments or found straying thereon, and shall 2send them or cause them to be sent within twentyfour hours to the nearest pound. 1. as to the application of s. 11 to forests, see the indian forest act, 16 of , s. 70 to railways see the indian railways act, 9 of , s. 125 f. 2. subs. by act 1 of , s. 4, for take them without unnecessary delay.

section 5. of the cattletrespass act : the pounds shall be under the control of the magistrate of the district and he shall fix, and may from time to time alter, the rates of charge for feeding and watering impounded cattle.

section 12. of the cattletrespass act : 112. fines for cattle impounded.for every head of cattle impounded as aforesaid, the poundkeepers shall levy a fine in accordance with the scale for the time being prescribed by the state government in this behalf by notification in the official gazette. different scales may be prescribed for different local areas. all fines so levied shall be sent to the magistrate of the district through such officer as the state government may direct. list of fines and charges for feeding.a list of the fines and of the rates of charge for feeding and watering cattle shall be posted in a conspicuous place on or near to every pound. state amendments maharashtra. insertion of new sections 12a and 12b in act i of .in the principal act, after section 12, the following new sections shall be inserted, namely: 12a. security in respect of impounded cattle. 1 in any local area to which he state government may, by notification in the official gazette, apply this section , every poundkeeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form to be prescribed by the state government, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the state government may, by rules, prescribe, different scales may be prescribed for different areas or different classes of cattle. 2 if any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be directed by the state government by rules made in this behalf, shall stand forefeited to the state government. if cattle are not impounded as aforesaid, the amount of security deposit shall, on an application may by or on behalf of the depositor, be refunded to him on the expiry of that period. 3 on every occasion on which the release of the cattle impounded under this act is claimed, the owner of the cattle shall deposit a fresh security. 12b. removal of cattle to specified places.1 if in any local area to which the state government may, by notification in the official gazette apply this section, a mamlatdar, tahsildar, naibtahsildar or mahalkari is satisfied i that the grazing land set apart for the use of cattle of one or more village in the taluks, tahsils or mahal under his jurisdiction is insufficient for the cattle belonging to the permanent residents of such village or villages or ii that the crops or grass standing on any agricultural land or grazing land so set apart are likely to be damaged by cattle belonging to persons who are not residents of such village or villages and who own more than twenty head of cattle, he may a in any case referred to in clause i direct any such resident owner, by special or general order, to remove or cause to be removed all or any dry or useless cattle belonging to him to such place or places within the state and within such period as may be specified in the order, and b in any case referred to in clause ii direct any such nonresident owner, by special or general order, to remove or cause to be removed all or any of his cattle to such place or places within the state and within such period as may be specified in the order. 2 if the owner of the cattle fails to remove the cattle as directed under subsection 1, the mamlatdar, tahsildar, naibtahsildar or mahalkari, as the case may be, may direct a police officer not below the rank of a head constable to remove or cause to be removed such cattle to the place or places specified in the order. 3 if the mamlatdar, tahsildar, naibtahsildar or mahalkari is satisfied that the order issued by him under subsection 1 is contravened by any owner or keeper of cattle, he may impose a fine not exceeding one thousand rupees. any fine so imposed may, on failure of such owner or keeper to pay the same within the specified time, by recovered by sale of all or any of the cattle ordered to be removed under subsection 1. vide bombay act xiii of , s. 5 maharashtra. in section 12, a the words head of shall be deleted b for the words different scales may be prescribed for different local area the following shall be substituted, namely: progressively increasing scales may be prescribed in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times such cattle are impounded and different scales may be prescribed for different local areas. vide maharashtra act xxxiv of , s. 2 1. subs. by act 17 of , s. 2, for section 12. see section 71 of the indian forest act, 16 of under which the state government may fix a different scale of fines for cattle impounded under s, 70 of that act.

section 6. poundkeepers may hold other offices. of the cattletrespass act : 16. appointment of poundkeepers. poundkeepers may hold other offices. poundkeepers to be public servants.the state government shall appoint a poundkeeper for every pound. any poundkeeper may hold simultaneously any other office under the government. every poundkeeper shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 1. subs. by the a.o. , for s. 6.

section 13. of the cattletrespass act : if the owner of the impounded cattle or his agent appear and claim the cattle, the poundkeeper shall deliver them to him on payment of the fines and charges incurred in respect of such cattle. the owner or his agent, on taking back the cattle, shall sign a receipt for them in the register kept by the poundkeeper. state amendments maharashtra. amendment of section 13 of act 1 of .in the principal act, to the first paragraph of section 13, the following shall be added, namely: and on depositing the amount of security prescribed under section 12a. vide bombay act xiii of , s. 6

section 14. of the cattletrespass act : if the cattle be not claimed within seven days from the date of their being impounded, the poundkeeper shall report the fact to the officer in charge of the nearest policestation, or to such other officer as the magistrate of the district appoints in this behalf. such officer shall thereupon stick up in a conspicuous part of his office a notice stating a the number and description of the cattle, b the place where they were seized, c the place where they are impounded, and shall cause proclamation of the same to be made by beat of drum in the village and at the marketplace nearest to the place of seizure. if the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time and subject to such conditions as the magistrate of the district by general or special order from time to time direct: provided that, if any such cattle are, in the opinion of the magistrate of the district, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit.

section 15. of the cattletrespass act : if the owner or his agent appear and refuse to pay the said fines and expenses, on the ground that the seizure was illegal and that the owner is about to make a complaint under section 20, then , upon deposit of the fines and charges incurred in respect of the cattle, the to him. state amendments maharashtra. amendment of section 15 of act 1 of .in the principal act, section 15 shall be renumbered as subsection 1 of that section, and after subsection 1 as so renumbered, the following new subsection shall be inserted, namely: 2 if on any complaint referred to in subsection 1 the seizure is declared to be lawful, or if the owner or his agent fails to make such complaint within a period of four weeks from the date of delivery of the cattle to him, the pound keeper of shall require such owner or agent to make a declaration and to deposit the amount of security as required by section 12a. if the owner or his agent fails to make such declaration or to deposit such amount, the cattle delivered to him under subsection 1 shall be seized for the purpose of section 16. vide bombay xiii of , s. 7

section 20. of the cattletrespass act : any person whose cattle have been seized under this act, or having been so seized, have been detained in contravention of this act, may, at any time within ten days from the date of the seizure, make a complaint to the magistrate of the district or any magistrate authorised to receive and try charges without reference by the magistrate of the district.

section 17. of the cattletrespass act : the officer by whom the sale was made shall send to the magistrate of the district the fines so deducted. the charges for feeding and watering deducted under section 16 shall be paid over to the poundkeeper, who shall also retain and appropriate all sums received by him on account of such charges under section 13. the surplus unclaimed proceeds of the sale of cattle shall be sent to the magistrate of the district, who shall hold them in deposit for three months, and, if no claim thereto be preferred and established within that period, shall, at its expiry, 1be deemed to hold them as part of the revenues of the state. state amendment maharashtra. amendment of section 17 of act 1 of .in section 17 of the principal act, after the second paragraph, the following new paragraph shall be inserted, namely: the amount of security required under section 12a shall be deposited with the poundkeeper. vide bombay act xiii of , s. 9 1. subs. by the a.o. , for dispose of them as hereinafter provided.

section 16. of the cattletrespass act : if the owner or his agent appear and refuse or omit to pay or in the case mentioned in section 15 to deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer at such place and time, and subject to such conditions, as are referred to in section 14. deduction of fines and expenses.the fines leviable and the expenses of feeding and watering, together with the expenses of sale, if any, shall be deducted from the proceeds of the sale. delivery of unsold cattle and balance of proceeds.the remaining cattle and the balance of the purchasemoney, if any, shall be delivered to the owner or his agent, together with an account showing a the number of cattle seized, b the time during which they have been impounded, c the amount of fines and charges incurred, d the number of cattle sold, e the proceeds of sale, and f the manner in which those proceeds have been disposed of. receipts.the owner or his agent shall give a receipt for the cattle delivered to him and for the balance of the purchasemoney if any paid to him according to such account. state amendments maharashtra. amendment of section 16 of act 1 of .in section 16 of the principal act, for the first and second paragraphs the following new paragraphs shall be substituted, namely: if the owner or his agent appears and refuses or omits to pay the said fines and expenses and to deposit the said amount of security or in the case mentioned in section 15 to deposit the said fines, expenses and amount of security or to make a declaration as required by section 12a, the cattle or as many of them as may be necessary, shall be sold by public auction by such officer, at such place and time, and subject to such conditions, as are referred to in section 14, or disposed of in accordance with the provisions therein. the fines leviable and the expenses of feeding and watering together with the expenses of safe, if any, and the amount of security prescribed under section 12a shall be deducted from the proceeds of the sale. vide bombay act xiii of , s. 8

section 18.. of the cattletrespass act : application of fines and unclaimed proceeds of sale. rep. by the a.o. .

section 19. of the cattletrespass act : no officer of police or other officer or poundkeeper appointed under the provisions herein contained shall, directly or indirectly, purchase any cattle at a sale under this act. poundkeepers when not to release impounded cattle.no poundkeeper shall release or deliver any impounded cattle otherwise than in accordance with the former part of this chapter unless such release or delivery is ordered by a magistrate or civil court.

section 22. of the cattletrespass act : if the seizure or detention be adjudged illegal, the magistrate shall award to the complainant, for the loss caused by the seizure or detention, reasonable compensation, not exceeding one hundred rupees, to be paid by the person who made the seizure or detained the cattle together with all fines paid and expenses incurred by the complainant in procuring the release of the cattle, release of cattle.and, if the cattle have not been released, the magistrate shall, besides awarding such compensation, order their release and direct that the fines and expenses leviable under this act shall be paid by the person who made the seizure or detained the cattle.

section 21. of the cattletrespass act : the complaint shall be made by the complainant in person or by an agent personally acquainted with the circumstances. it may be either in writing or verbal. if it be verbal, the substance of it shall be taken down in writing by the magistrate. if the magistrate, on examining the complainant or his agent, sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.

section 26. of the cattletrespass act : any owner or keeper of pigs who, through neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land, or any public road, by allowing such pigs to trespass thereon, shall, on conviction before a magistrate, be punished with fine not exceeding ten rupees. 1the 2state government, by notification in the official gazette, may from time to time with respect to any local area specified in the notification, direct that the foregoing portion of this section shall be read as if it had reference to cattle generally, or to cattle of a kind described in the notification, instead of to pigs only, or as if the words fifty rupees were substituted for the words ten rupees, or as if there were both such reference and such substitution. 3 state amendments assam substitution of section 26.in the principal act, for section 26, the following section shall be substituted, namely: 26. penalty for damage caused to land or crops or public roads or for injury caused to any person by cattle or for cattle on public roads. 1 any owner or keeper or attendant of cattle who through neglect or criminal motive or otherwise damages or causes or permits to be damaged any land or any crop or produce of land or any public road or anything or causes injury to any person or persons by allowing such cattle to trespass thereon, or lets loose any cattle to stray on any public road and thereby causes obstruction to traffic shall, on conviction before a judicial magistrate, be punishable with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees and in default of payment of fine, simple imprisonment for a term not exceeding one month for the first offence and for the subsequent offences, fine not less than one thousand rupees but which may extend to two thousand rupees or to simple imprisonment for a term which may extend to three months. 2 while convicting such person under subsection 1, the magistrate may order him to pay the person whose land, or crop or produce of land or anything has been damaged or the person who is injured, such compensation depending upon the value of the loss or expenses so incurred for the medical treatment, as may be considered reasonable and in default of payment, the cattle in respect of which the offence has been committed shall be forfeited and sold on auction in order to compensate the person so aggrieved. vide assam act 15 of , s. 2. insertion of section 26a. in the principal act, after section 26, the following new section 26a shall be inserted namely: 26a. cognizance of offence.no court shall take cognizance of any offence punishable under section 26 except on a report in writing of the facts constituting such offence made by the person aggrieved by such offence or by person who is a public servant as defined in section 21 of the indian penal code, act 45 of . vide assam act 15 of , s. 3. uttar pradesh amendment of section 26 of act 1 of .for section 26 of the cattle trespass act, , hereafter called the principal act, the following shall be substituted 26. penalty for damage caused to land by cattle.any owner, keeper or attendant of cattle, who though neglect or otherwise, damages or causes or permits to be damaged any land, or any crop or produce of land by allowing such cattle to trespass thereon, shall on conviction before a magistrate, be liable to a fine not less than rs. 10 but not exceeding rs. 250 or to imprisonment for a term not exceeding three months or to both. vide uttar pradesh act 7 of , s. 2 maharashtra. in section 26, a the first paragraph shall be numbered as subsection 1 of that section b after subsection 1 so numbered, the following subsections shall be inserted, namely: 2 the magistrate trying the offence under subsection 1 may order, a that the accused shall pay such compensation, not exceeding two hundred and fifty rupees, as the magistrate considers reasonable, to any person for any damage proved to have been caused to his crop or other produce of land by the accused committing the offence b that the pigs in respect of which the offence has been committed shall be forfeited to the state government. 3 any compensation awarded under subsection 2 may be recovered as if it was a fine imposed under this section. c the second paragraph shall be numbered as subsection 4 of that section and in subsection 4 so numbered the words the foregoing portion of shall be deleted vide bombay act xxxiv of , s. 2 1. as to the application of s. 25 in the case of cattletrespassing on a railway, see the indian railways act, 9 of , s. 125 3. 2. ins. by act 1 of , s. 7. 3. added by s. 8, ibid.

section 24. of the cattletrespass act : whoever forcibly opposes the seizure of cattle liable to be seized under this act, and whoever rescues the same after seizure, either from a pound, or from any person taking or about to take them to a pound, such person being near at hand and acting under the powers conferred by this act, shall, on conviction before a magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred rupees, or with both.

section 23. of the cattletrespass act : the compensation, fines and expenses mentioned in section 22 may be recovered as if they were fines imposed by the magistrate.1 1. see ss. 63 to 70 of the indian penal code 45 of , and s. 421 of the cede of criminal procedure, 2 of cf. also. s. 25 of the general clauses act, 10 of .

section 25. of the cattletrespass act : 125. recovery of penalty for mischief committed by causing cattle to trespass.any fine imposed 21 2under the next following section or for the offence of mischief by causing cattle to trespass on any land may be recovered by sale of all or any of the cattle by which the trespass was committed, whether they were seized in the act of trespassing or not, and whether they are the property of the person convicted of the offence, or were only in his charge when the trespass was committed. 1. as to the application of s. 25 in the case of cattletrespassing on a railway, see the indian railways act, 9 of , s. 125 3. 2. ins. by act 1 of , s. 7.

section 29. of the cattletrespass act : nothing herein contained prohibits any person whose crops or other produce of land have been damaged by trespass of cattle from suing for compensation in any competent court. state amendment maharashtra. substitution of new section 29 for existing section 29 of act 1 of .in the principal act, for the existing section 29, the following new section shall be substituted, namely: 29. saving of right to sue for compensation.nothing herein contained prohibits any person whose property, crops or other produce of land have been damaged or to whom any hurt or injury or obstruction has been caused by trespass of cattle from suing for compensation in any competent court. vide bombay act xiii of , s. 10

section 31. of the cattletrespass act : the stategovernment may, from time to time by notification in the official gazette, a transfer to any local authority within any part of the territories under its administration in which this act is in operation, all or any of the functions of the state government or the magistrate of the district under this act, within the local area subject to the jurisdiction of the local authority. 1 state amendments maharashtra. insertion of new section 32 after section 31 of act 1 of .after section 31 of the principal act, the following new section shall be inserted, namely: 32. power to make rules.1 the state government may, by notification in the official gazette, make rule for carrying into effect the purposes of this act. 2 in particular but without prejudice to the generality of the foregoing provision, such rules may provide for the following, namely: i the form of, and the procedure relating to, the declaration, and the scales of deposits to be made, under section 12a ii the procedure regulating the making of security deposits, custody and refund thereof iii the manner in which any cattle may be disposed of iv any other matter which is to be or may be prescribed. 3 the power to make rules under this section shall be subject to the condition of previous publication in the official gazette. 4 all rules make under this section shall be laid before each house of the legislature as soon as may be after they are made, and shall be subject to such modifications as the state legislature may make during the session in which they are so laid, or the session immediately following. vide bombay xiii of , s. 11iv 1. clause b rep. partially by act 10 of and partially by the a.o. .

section 27. of the cattletrespass act : any poundkeeper releasing or purchasing or delivering cattle contrary to the provisions of section 19, or omitting to provide any impounded cattle with sufficient food and water, or failing to perform any of the other duties imposed upon him by this act, shall, over and above any other penalty to which he may be liable, be punished, on conviction before a magistrate, with fine not exceeding fifty rupees. such fines may be recovered by deductions from the poundkeepers salary.

section 28. of the cattletrespass act : all fines recovered under section 25, section 26 or section 27 may be appropriated in whole or in part as compensation for loss or damage proved to the satisfaction of the convicting magistrate. state amendment maharashtra. after section 28, the following section shall be inserted, namely: 28a. offence under section 26 of the be cognizable.the offence under section 26 shall be cognizable. vide bombay act xxxiv of , s. 2

section 30. of the cattletrespass act : any compensation paid to such person under this act by order of the convicting magistrate shall be setoff and deducted from any sum claimed by or awarded to him as compensation in such suit.

section 8. of the foreign marriage act : 1 any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4. explanation.where the publication of the notice by affixation under clause a of section 7 and in the prescribed manner under clause b of that section is on different dates, the period of thirty days shall, for the purposes of this subsection, be computed from the later date. 2 every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection and the marriage officer shall record the nature of the objection in his marriage notice book.

section 1. of the foreign marriage act : this act may be called the foreign marriage act, .

section 7. of the foreign marriage act : where a notice under section 5 is given to the marriage officer, he shall cause it to be published a in his own office, by affixing a copy thereof to a conspicuous place, and b in india and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

section 6. of the foreign marriage act : the marriage officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the marriage notice book, and such book shall be open, for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

section 9. of the foreign marriage act : if no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

section 4. of the foreign marriage act : a marriage between parties one of whom at least is a citizen of india may be solemnized under this act by or before a marriage officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely: a neither party has a spouse living, b neither party is an idiot or a lunatic, c the bridegroom has completed the age of twentyone years and the bride the age of eighteen years at the time of the marriage, and d the parties are not within the degrees of prohibited relationship: provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

section 10. of the foreign marriage act : 1 if an objection is made under section 8 to an intended marriage, the marriage officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it. 2 where a marriage officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with such statement respecting the matter as he thinks fit to the central government and the central government, after making such further inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the marriage officer, who shall act in conformity with the decision of the central government.

section 11. of the foreign marriage act : 1 the marriage officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized. 2 the marriage officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the comity of nations. 3 where a marriage officer refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the central government in the prescribed manner within a period of thirty days from the date of such refusal and the marriage officer shall act in conformity with the decision of the central government on such appeal.

section 2. of the foreign marriage act : in this act, unless the context otherwise requires, a degrees of prohibited relationship shall have the same meaning as in the special marriage act, 43 of b district, in relation to a marriage officer, means the area within which the duties of his office are to be discharged c foreign country means a country or place outside india, and includes a ship which is for the time being in the territorial waters of such a country or place d marriage officer means a person appointed under section 3 to be a marriage officer e official house, in relation to a marriage officer, means i the official house of residence of the officer ii the office in which the business of the officer is transacted iii a prescribed place and f prescribed means prescribed by rules made under this act.

section 12. of the foreign marriage act : before the marriage is solemnized, the parties and three witnesses shall, in the presence of the marriage officer, sign a declaration in the form specified in the second schedule, and the declaration shall be countersigned by the marriage officer.

section 5. of the foreign marriage act : when a marriage is intended to be solemnized under this act, the parties to the marriage shall give notice thereof in writing in the form specified in the first schedule to the marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

section 15. of the foreign marriage act : subject to the other provisions contained in this act, a marriage solemnized in the manner provided in this act shall be good and valid in law.

section 3. of the foreign marriage act : for the purposes of this act, the central government may, by notification in the official gazette, appoint such of its diplomatic or consular officers as it may think fit to be marriage officers for any foreign country. explanation.in this section, diplomatic officer means an ambassador, envoy, minister, high commissioner, commissioner, charge d affairs or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.

section 13. of the foreign marriage act : 1 a marriage by or before a marriage officer under this act shall be solemnized at the official house of the marriage officer with open doors between the prescribed hours in the presence of at least three witnesses. 2 the marriage may be solemnized in any form which the parties may choose to adopt: provided that it shall not be complete and binding on the parties unless each party declares to the other in the presence of the marriage officer and the three witnesses and in any language understood by the parties, i, a take the b, to be my lawful wife or husband: provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the marriage officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in a language which the marriage officer, or, as the case may be, such witness understands.

section 19. of the foreign marriage act : 1 any person whose marriage is solemnized or deemed to have been solemnized under this act and who, during the subsistence of his marriage, contracts any other marriage in india shall be subject to the penalties provided in section 494 and section 495 of the indian penal code 45 of and the marriage so contracted shall be void. 2 the provisions of subsection 1 apply also to any such offence committed by any citizen of india without and beyond india.

section 14. of the foreign marriage act : 1 whenever a marriage is solemnized under this act, the marriage officer shall enter a certificate thereof in the form specified in the third schedule in a book to be kept by him for that purpose and to be called the marriage certificate book, and such certificate shall be signed by the parties to the marriage and the three witnesses. 2 on a certificate being entered in the marriage certificate book by the marriage officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this act has been solemnized, and that all formalities respecting the residence of the party concerned previous to the marriage and the signatures of witnesses have been complied with.

section 21. of the foreign marriage act : if any citizen of india for the purpose of procuring a marriage, intentionally a where a declaration is required by this act, makes a false declaration or b where a notice or certificate is required by this act, signs a false notice or certificate, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine.

section 16. of the foreign marriage act : whenever a marriage is not solemnized within six months from the date on which notice thereof has been given to the marriage officer as required under section 5 or where the record of a case has been transmitted to the central government under section 10, or where an appeal has been preferred to the central government under section 11, within three months from the date of decision of the central government in such case or appeal, as the case may be, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no marriage officer shall solemnize the marriage until new notice has been given in the manner laid down in this act.

section 17. of the foreign marriage act : 1 where a a marriage officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of india and b a party to the marriage informs the marriage officer in writing that he or she desires the marriage to be registered under this section, the marriage officer may, upon payment of the prescribed fee, register the marriage. 2 no marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4. 3 the marriage officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations. 4 where a marriage officer refuses to register a marriage under this section the party applying for registration may appeal to the central government in the prescribed manner within a period of thirty days from the date of such refusal and the marriage officer shall act in conformity with the decision of the central government on such appeal. 5 registration of a marriage under this section shall be effected by the marriage officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the marriage certificate book, and such certificate shall be signed by the parties to the marriage and by three witnesses. 6 a marriage registered under this section shall, as from the date of registration, be deemed to have been solemnized under this act.

section 23. of the foreign marriage act : if the central government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained in this act, it may, by notification in the official gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in india as valid.

section 18. of the foreign marriage act : 1 subject to the other provisions contained in this section, the provisions of chapters iv, v, vi and vii of the special marriage act, 43 of shall apply in relation to marriages solemnized under this act and to any other marriage solemnized in a foreign country between parties of whom one at least is a citizen of india as they apply in relation to marriages solemnized under that act. explanation.in its application to the marriages referred to in this subsection, section 24 of the special marriage act, 43 of , shall be subject to the following modifications, namely: i the reference in subsection 1 thereof to clauses a, b, c and d of section 4 of that act shall be construed as a reference to clauses a, b, c and d respectively of section 4 of this act, and ii nothing contained in section 24 aforesaid shall apply to any marriage a which is not solemnized under this act or b which is deemed to be solemnized under this act by reason of the provisions contained in section 17: provided that the registration of any such marriage as is referred to in subclause b may be declared to be of no effect if the registration was in contravention of subsection 2 of section 17. 2 every petition for relief under chapter v or chapter vi of the special marriage act, 43 of as made applicable to the marriages referred to in subsection 1 shall be presented to the district court within the local limits of whose ordinary civil jurisdiction a the respondent is residing at the time of the presentation of the petition or b the husband and wife last resided together or c the petitioner is residing at the time of the presentation of the petition, provided that the respondent is at that time residing outside india. explanation.in this section, district court has the same meaning as in the special marriage act, 43 of . 3 nothing contained in this section shall authorise any court a to make any decree of dissolution of marriage, except where i the parties to the marriage are domiciled in india at the time of the presentation of the petition or ii the petitioner, being the wife, was domiciled in india immediately before the marriage and has been residing in india for a period of not less than three years immediately preceding the presentation of the petition b to make any decree annulling avoidable marriage, except where i the parties to the marriage are domiciled in india at the time of the presentation of the petition or ii the marriage was solemnized under this act and the petitioner being the wife, has been ordinarily resident in india for a period of three years immediately preceding the presentation of the petition c to make any decree of nullity of marriage in respect of a void marriage, except where i either of the parties to the marriage is domiciled in india at the time of the presentation of the petition or ii the marriage was solemnized under this act and the petitioner is residing in india at the time of the presentation of the petition d to grant any other relief under chapter v or chapter vi of the special marriage act, 43 of , except where the petitioner is residing in india at the time of the presentation of the petition. 4 nothing contained in subsection 1 shall authorise any court to grant any relief under this act in relation to any marriage in a foreign country not solemnized under it, if the grant of relief in respect of such marriage whether on any of the grounds specified in the special marriage act, 43 of , or otherwise is provided for under any other law for the time being in force.

section 20. of the foreign marriage act : any citizen of india who procures a marriage of himself or herself be solemnized under this act in contravention of the condition specified in clause c or clause d of section 4 shall be punishable a in the case of a contravention of the condition specified in clause c of section 4, with simple imprisonment which may extend to fifteen days, or with the fine which may extend to one thousand rupees, or with both and b in the case of a contravention of the condition specified in clause d of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

section 22. of the foreign marriage act : any marriage officer who knowingly and wilfully solemnizes a marriage under this act in contravention of any of the provisions of this act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

section 24. of the foreign marriage act : 1 where a a marriage is solemnized in any foreign country specified in this behalf by the central government, by notification in the official gazette, in accordance with the law of that country between parties of whom one at least is a citizen of india and b a party to the marriage who is such citizen produces to a marriage officer in the country in which the marriage was solemnized i a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry and ii if the copy of that entry is not in the english language, a translation into the prescribed language of that copy and c the marriage officer is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation the marriage officer, upon the payment of the prescribed fee, shall certify upon the copy that he is satisfied that the copy is a true copy of the entry in the marriage register and upon the translation that he is satisfied that the translation is a true translation of the copy and shall issue the copy and the translation to the said party. 2 a document relating to a marriage in a foreign country issued under subsection 1 shall be admitted in evidence in any proceedings as if it were a certificate duly issued by the appropriate authority of that country.

section 30. of the foreign marriage act : the indian foreign marriage act, 14 of , is hereby repealed.

section 25. of the foreign marriage act : every certified copy purporting to be signed by the marriage officer of an entry of a marriage in the marriage certificate book shall be received in evidence without production or proof of the original.

section 26. of the foreign marriage act : 1 any marriage officer who discovers any error in the form or substance of any entry in the marriage certificate book may, within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. 2 every correction made under this section shall be attested by the witnesses in whose presence it was made.

section 27. of the foreign marriage act : nothing in this act shall in any way affect the validity of a marriage solemnized in a foreign country otherwise than under this act.

section 28. of the foreign marriage act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the duties and powers of marriage officers and their districts b the manner in which a marriage officer may hold any inquiry under this act c the manner in which notices of marriage shall be published d the places in which and the hours between which marriages under this act may be solemnized e the form and the manner in which any books required by or under this act to be kept shall be maintained f the form and manner in which certificates of marriages may be entered under subsection 5 of section 17 g the fees that may be levied for the performance of any duty imposed upon a marriage officer under this act h the authorities to which, the form in which and the intervals within which copies of entries in the marriage certificate book shall be sent, and, when corrections are made in the marriage certificate book, the manner in which certificates of such corrections shall be sent to the authorities i the inspection of any books required to be kept under this act and the furnishing of certified copies of entries therein j the manner in which and the conditions subject to which any marriage may be recognised under section 23 k any other matter which may be, or requires to be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 20 of , s. 2 and the schedule., for certain words w.e.f. .

section 29. of the foreign marriage act : in the special marriage act, , a in section 1, in subsection 2, for the words outside the said territories, the words in the state of jammu and kashmir shall be substituted b in section 2, clauses a and c shall be omitted c in section 3, for subsection 2, the following subsection shall be substituted, namely: 2 for the purposes of this act, in its application to citizens of india domiciled in the territories to which this act extends who are in the state of jammu and kashmir, the central government may, by notification in the official gazette, specify such officers of the central government as it may think fit to be the marriage officers for the state or any part thereof. d in section 4, for clause e, the following clause shall be substituted, namely: e where the marriage is solemnized in the state of jammu and kashmir, both parties are citizens of india domiciled in the territories to which this act extends. e in section 10, for the words outside the territories to which this act extends in respect of an intended marriage outside and said territories, the words in the state of jammu and kashmir in respect of an intended marriage in the state shall be substituted f in section 50, in subsection 1, the words diplomatic and consular officers and other shall be omitted. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the seeds act : the state government or the central government in consultation with the state government may, by notification in the official gazette, establish a ce rtificate agency for the state to carry out the functions entrusted to the certification agency by or under this act.

section 1. of the seeds act : 1 this act may be called the seeds act, . 2 it extends to the whole of india. 3 it shall came into force on such date 1as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act, and for different states or for different areas thereof. 1. 2nd september, , vide notification no. s.o. , dated 29 th august, , in respect of ss. 1 to 6, ss. 8 to 11, s. 18, ss. 22 to 25 see gazette of india, extraordinary, part ii, sec. 3ii. 1st october, , vide notification no. s.o. , dated the 24th september , , in respect of ss. 7, 12 to 17 both inclusive and 19 to 21 both inclusive, see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the seeds act : in this act, unless the context otherwise requires, 1 agriculture includes horticulture 2 central seed laboratory means the central seed laboratory established or declared as such under subsection 1 of section 4 3 certification agency means the certification agency established under section 8 or recognised under section 18 4 committee means the central seed committee constituted under subsection 1 of section 3 5 container means a box, bottle, gasket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which any article or thing is placed or packed 6 export means taking out of india to a place outside india 7 import means bringing into india from a place outside india 8 kind means one or more related species or subspecies of crop plants each individually or collectively known by one common name such as cabbage, maize, paddy and wheat 9 notified kind or variety, in relation to any seed, means any kind or variety thereof notified under section 5 10 prescribed means prescribed by rules made under this act 11 seed means any of the following classes of seeds used for sowing or planting i seed of food crops including edible oil seeds and seeds of fruits and vegetables ii cotton seeds iii seeds of cattle fodder 2iv jute seeds, and includes seedlings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder 12 seed analyst means a seed analyst appointed under section 12 13 seed inspector means a seed inspector appointed under section 13 14 state government in relation to a union territory, means the administrator thereof 15 state seed laboratory, in relation to any state, means the state seed laboratory established or declared as such under subsection 2 of section 4 for that state and 16 varietymeans a subdivision of a kind identifiable by growth, yield, plant, fruit, seed, or other characteristic. 1. ins. by act 55 of , s. 2 w.e.f. .

section 7. of the seeds act : no person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless a such seed is identifiable as to its kind or variety b such seed conforms to the minimum limits of germination and purity specified under clause a of section 6 c the container of such seed bears in the prescribed manner, the mark or label containing the correct particulars thereof, specified under clause b of section 6 and d he complies with such other requirements as may be prescribed.

section 8a. of the seeds act : 1 8a. the central seed certification board.1 the central government shall, by notification in the official gazette, establish a central seed certification board hereinafter referred to as the board to advise the central government and the state governments on all matters relating to certification, and to coordinate the functioning of the agencies established under section 8. 2 the board shall consist of the following members, namely: i a chairman, to be nominated by the central government ii four members, to be nominated by the central government from out of the persons employed by the state governments as directors of agriculture iii three members, to be nominated by the central government from out of the persons employed by the agricultural universities as directors of research iv thirteen persons, to be nominated by the central government to represent such interests as that government thinks fit, of whom not less than four persons shall be representatives of seed producers or tradesmen. 3 a member of the board shall, unless his seat becomes vacant earlier by resignation or otherwise, be entitled to hold office for two years from the date of his nomination: provided that a person nominated under clause ii or clause iii of subsection 2 shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. 1. ins. by act 55 of , s. 3 w.e.f. 16 1 .

section 5. of the seeds act : if the central government, after consultation with the committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the official gazette, declare such kind or variety to be a notified kind or variety for the purposes of this act and different kinds or varieties may be notified for different states or for different areas thereof.

section 3. of the seeds act : 1 the central government shall, as soon as may be after the commencement of this act, constitute a committee called the central seed committee to advice the central government and the state governments on matters arising out of the administration of this act and to carry out the other functions assigned to it by or under this act. 2 the committee shall consist of the following members, namely: i a chairman to be nominated by the central government ii eight persons to be nominated by the central government to represent such interests as that government thinks fit, of whom not less than two persons shall be representatives of growers of seed iii one person to be nominated by the government of each of the states. 3 the members of the committee shall, unless their seals become vacant earlier by resignation, death or otherwise, be entitled to hold office for two years and shall be eligible for renomination. 4 the committee may, subject to the previous approval of the central government, make byelaws fixing the quorum and regulating its own procedure and the conduct of all business to be transacted by it. 5 the committee may appoint one or more subcommittees, consisting wholly of members of the committee or wholly of other persons or partly of members of the committee and partly of other persons, as it thinks fit, for the purpose of discharging such of its functions as may be delegated to such subcommittee or subcommittees by the committee. 6 the functions of the committee or any subcommittee thereof may be exercised notwithstanding any vacancy therein. 7 the central government shall appoint a person to be the secretary of the committee and shall provide the committee with such clerical and other staff as the central government considers necessary.

section 8b. of the seeds act : 18b. other committees.the board may appoint as many committees as it deems fit consisting wholly of the members of the board or wholly of other persons or partly of members of the board and partly of other persons as it thinks fit to exercise such powers and perform such duties as may be delegated to them, subject to such conditions as it may think fit, by the board. 1. ins. by act 55 of , s. 3 w.e.f. .

section 4. of the seeds act : 1 the central government may, by notification in the official gazette, establish a central seed laboratory or declare any seed laboratory as the central seed laboratory to carry out the functions entrusted to the central seed laboratory by or under this act. 2 the state government may, by notification in the official gazette, establish one or more state seed laboratories or declare any seed laboratory as the state seed laboratory where analysis of seeds of any notified kind or variety shall be carried out by seed analysts under this act in the prescribed manner.

section 8d. of the seeds act : 18d. procedure for board.the board may, subject to the previous approval of the central government, make byelaws for the purpose of regulating its own procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee. 1. ins. by act 55 of , s. 3 w.e.f. .

section 6. of the seeds act : the central government may, after consultation with the committee and by notification in the official gazette, specify a the minimum limits of germination and purity with respect to any seed of any notified kind or variety b the mark or label to indicate that such seed conforms to the minimum limits of germination and purity specified under clause a and the particulars which such mark or label may contain.

section 11. of the seeds act : 1 any person aggrieved by a decision of a certification agency under section 9 or section 10, may within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to such authority as may be specified by the state government in this behalf: provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate authority shall, after giving the appellate an opportunity of being heard, dispose of the appeal as expeditiously as possible. 3 every order of the appellate authority under this section shall be final.

section 13. of the seeds act : 1 the state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be seed inspectors and define the areas within which they shall exercise jurisdiction. 2 every seed inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of and shall be officially subordinate to such authority as the state government may specify in this behalf

section 9. of the seeds act : 1 any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety may, if he desires to have such seed certified by the certification agency, apply to the certification agency for the grant of a certificate for the purpose. 2 every application under subsection 1 shall be made in such form, shall contain such particulars and shall be accompanied by such fees as may be prescribed. 3 on receipt of any such application for the grant of a certificate, the certification agency may, after such enquiry as it thinks fit and after satisfying itself that the seed to which the application relates conforms to the 1 prescribed standards, grant a certificate in such form and on such conditions as may be prescribed: 2 provided that such standards shall not be lower than the minimum limits of germination and purity specified for that seed under clause a of section 6. 1. subs. by act 55 of , s. 4, for certain words w.e.f. . 2. the proviso added by s. 4, ibid. w.e.f.

section 8c. of the seeds act : 18c. proceedings of board or committee not to be invalid by reason of any vacancy therein.no proceeding of the board or any committee thereof shall become invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof. 1. ins. by act 55 of , s. 3 w.e.f. .

section 8e. of the seeds act : 18e. secretary and other officers.the central government shall i appoint a person to be the secretary of the board, and ii provide the board with such technical and other staff as the central government considers necessary. 1. ins. by act 55 of , s. 3 w.e.f. .

section 10. of the seeds act : if the certification agency is satisfied, either on a reference made to it in this behalf or otherwise, that a the certificate granted by it under section 9 has been obtained by misrepresentation as to an essential fact or b the holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the certificate may be liable under this act, the certification agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate.

section 12. of the seeds act : the state government may, by notification in the official gazette, appoi nt such persons as it thinks fit, having the prescribed qualifications, to be seed analysts and define the areas within which they shall exercise jurisdiction.

section 16. of the seeds act : 1 the seed analyst shall, as soon as may be after the receipt of the sample under subsection 2 of section 15, analyse the sample at the state seed laboratory and deliver, in such form as may be prescribed, one copy of the report of the result of the analysis to the seed inspector and another copy thereof to the person from whom the sample has been taken. 2 after the institution of a prosecution under this act, the accused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause a or clause c of subsection 2 of section 15 to the central seed laboratory for its report and on receipt of the application, the court shall first ascertain that the mark and the seal or fastening as provided in clause b of subsection 1 of section 15 are intact and may then despatch the sample under its own seal to the central seed laboratory which shall thereupon send its report to the court in the prescribed form within one month from the date of receipt of the sample, specifying the result of the analysis. 3 the report send by the central seed laboratory under subsection 2 shall supersede the report given by the seed analyst under subsection 1. 4 where the report sent by the central seed laboratory under subsection 2 is produced in any proceedings under section 19, it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis.

section 14. of the seeds act : 1 the seed inspector may a take samples of any seed in any notified kind or variety from i any person selling such seed or ii any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee or iii a purchaser or a consignee after delivery of such seed to him b send such sample for analysis to the seed analyst for the area within which such sample has been taken c enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed d examine any record, register, document or any other material object found in any place mentioned in clause c and seize the same if he has reason to believe that if may furnish evidence of the commission of an offence punishable under this act and e exercise such other powers as may be necessary for carrying out the purposes of this act or any rule made thereunder. 2 where any sample of any seed of any notified kind or variety is taken under clause a of subsection 1, its cost, calculated at the rate at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken. 3 the power conferred by this section includes power to breakopen any container in which any seed of any notified kind or variety may be contained or to breakopen the door of any premises where any such seed may be kept for sale: provided that the power to breakopen the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so. 4 where the seed inspector takes any action under clause a of subsection 1, he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner. 5 the provisions of the code of criminal procedure, 5 of , shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code.

section 20. of the seeds act : when any person has been convicted under this act for the contravention of any of the provisions of this act or the rules made thereunder, the seed in respect of which the contravention has been committed may be forfeited to the government.

section 17. of the seeds act : no person shall, for the purpose of showing or planting by any person including himself, export or import or cause to be exported or imported any seed of any notified kind or variety, unless a it conforms to the minimum limits of germination and purity specified for that seed under clause a of section 6 and b its container bears, in the prescribed manner, the mark or label with the correct particulars thereof specified for that seed under clause b of section 6.

section 22. of the seeds act : not suit, prosecution or other legal proceeding shall lie against the government or any officer of the government for anything which is in good faith done or intended to be done under this act.

section 15. of the seeds act : 1 whenever a seed inspector intends to take sample of any seed of any notified kind or variety or analysis, he shall a give notice in writing, then and there, of such intention to the person from whom he intends to take sample b except in special cases provided by rules made under this act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits. 2 when samples of any seed of any notified kind or variety are taken under subsection 1, the seed inspector shall a deliver one sample to the person from whom it has been taken b send in the prescribed manner another sample for analysis to the seed analyst for the area within which such sample has been taken and c retain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by the central seed laboratory under subsection 2 of section 16, as the case may be. 3 if the person from whom the samples have been taken refuses to accept one of the samples, the seed inspector shall send intimation to the seed analyst of such refusal and thereupon the seed analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the seed inspector who shall retain it for production in case legal proceedings are taken. 4 where a seed inspector takes any action under clause c of subsection 1 of section 14, a he shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of section 7 and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock of the seed seized b if he seizes the stock of the seed, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof c without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the order passed under the said clause. 5 where a seed inspector seizes any record, register, document or any other material object under clause d of subsection 1 of section 14, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof.

section 18. of the seeds act : the central government may, on the recommendation of the committee and by notification in the official gazette, recognise any seed certification agency established in any foreign country, for the purposes of this act.

section 23. of the seeds act : the central government may give such directions to any state government as may appear to the central government to be necessary for carrying into execution in the state any of the provisions of this act or of any rule made thereunder.

section 19. of the seeds act : if any person a contravenes any provision of this act or any rule made thereunder or b prevents a seed inspector from taking sample under this act or c prevents a seed inspector from exercising any other power conferred on him by or under this act, he shall, on conviction, be punishable i for the first offence with fine which may extend to five hundred rupees, and ii in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 21. of the seeds act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 25. of the seeds act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the functions of the committee and the travelling and daily allowances payable to members of the committee and members of any subcommittee appointed under subsection 5 of section 3 b the functions of the central seed laboratory c the functions of a certification agency d the manner of marking or labelling the container of seed of any notified kind or variety under clause c of section 7 and under clause b of section 17 e the requirements which may be complied with by a person carrying on the business referred to in section 7 f the form of application for the grant of a certificate under section 9, the particulars it may contain, the fees which should accompany it, the form of the certificate and the conditions subject to which the certificate may be granted 1ff the standards to which seeds should conform g the form and manner in which and the fee on payment of which an appeal may be preferred under section 11 and the procedure to be followed by the appellate authority in disposing of the appeal h the qualifications and duties of seed analysts and seed inspectors i the manner in which samples may be taken by the seed inspector, the procedure for sending such samples to the seed analyst or the central seed laboratory and the manner of analysing such samples j the form of report of the result of the analysis under subsection 1 or subsection 2 of section 16 and the fees payable in respect of such report under the said subsection 2 k the records to be maintained by a person carrying on the business referred to in section 7 and the particulars which such records shall contain and l any other matter which is to be or may be prescribed. 3 every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, that rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 55 of , s. 5 w.e.f. . 2. subs. by s. 5, ibid., for certain words w.e.f. .

section 24. of the seeds act : nothing in this act shall apply to any seed of any notified kind or variety grown by a person and sold or delivered by him on his own premises direct to another person for being used by that person for the purpose of sowing or planting.

section 8. of the state of nagaland act : the term of office of the member for the first time elected to fill the seat allotted to the state of nagaland in the council of states shall expire on the 2nd day of april, .

section 1. of the state of nagaland act : this act may be called the state of nagaland act, .

section 2. of the state of nagaland act : in this act, unless the context otherwise requires, a appointed day means the day which the central government may, by notifiation in the official gazette, appoint b article means an article of the constitution c assembly constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument or custom or usage having the force of law e naga hillstuensang area means the naga hillstuensang area specified in part b of the table appended to paragraph 20 of the sixth schedule to the constitution, comprising the areas which at the commencement of the constitution were known as the nagahills district and the naga tribal area f regional council means the regional council referred to in article 371a.

section 7. of the state of nagaland act : as soon as may be after the appointed day, there shall be held an election to fill the seat allotted to the state of nagaland in the council of states.

section 5. of the state of nagaland act : as from the appointed day, in the sixth schedule to the constitution a in paragraph 20 i subparagraph 2b shall be omitted ii in subparagraph 3, the brackets and words other than the naga hillstuensang area shall be omitted b in the table appended to paragraph 20, in part b, the item 2. the naga hillstuensang area shall be omitted.

section 9. of the state of nagaland act : 1 as from the appointed day a there shall be allotted one seat to the state of nagaland in the house of the people b in the first schedule to the representation of the people act, 43 of , i the entry 25. naga hillstuensang area. . . . . . . . .1 shall be omitted ii entries 16 to 24 shall be renumbered as entries 17 to 25 iii after entry 15, the following entry shall be inserted, namely: 16. nagaland. . . . . . . . . . . . . . .1. 2 the whole of the state of nagaland shall form one parliamentary consituency to be called the parliamentary constituency of nagaland for the purpose of filling the seat allotted to that state in the house of the people. 3 for the period referred to in clause 2 of article 371a, section 13d of the representation of the people act, 43 of , shall apply in relation to the parliamentary constituency of nagaland with the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of the said parliamentary constituency which comprises the tuensang district and the provisions of part iii of that act shall apply in relation to the said part as they apply in relation to an assembly constituency.

section 6. of the state of nagaland act : as from the appointed day a there shall be allotted one seat to the state of nagaland in the council of states b in the fourth schedule to the constitution, in the table i entries 16 to 19 shall be renumbered as entries 17 to 20 ii after entry 15, the following entry shall be inserted, namely: 16. nagaland. . . . . . . . . . . . . . .1, iii at the end, for the figures 224, the figures 225 shall be substituted.

section 10. of the state of nagaland act : the sitting member of the house of the people representing, immediately before the appointed day, the naga hillstuensang area shall, as from that day, represent the state of nagaland in that house and shall continue to do so until a person is elected in accordance with law to fill the seat allotted to the parliamentary constituency of nagaland.

section 3. of the state of nagaland act : 1 as from the appointed day, there shall be formed a new state to be known as the state of nagaland comprising the territories which immediately before that day were comprised in the naga hillstuensang area and thereupon the said territories shall cease to form part of the state of assam. 2 without prejudice to the power of the state government to alter after the appointed day, the name, extent or boundaries of any district, the state of nagaland shall consist of three districts to be called the kohima district, mokokchung district and tuensang district, each comprising the areas respectively set out in the schedule.

section 4. of the state of nagaland act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states a in the paragraph relating to the territories of the state of assam, the following shall be added at the end, namely: and the territories specified in subsection 1 of section 3 of the state of nagaland act, b after entry 15, the following entry shall be inserted, namely: 16. nagaland . . . . . the territories specified in subsection 1 of section 3 of the state of nagaland act, .

section 15. of the state of nagaland act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of assam shall, with necessary modifications, apply in relation to the common high court.

section 18. of the state of nagaland act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of assam and with respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply in relation to the common high court.

section 12. of the state of nagaland act : the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative assembly of assam shall, until rules are made under clause 1 of article 208, have effect in relation to the legislative assembly of nagaland, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 11. of the state of nagaland act : 1 the total number of seats to be filled by persons chosen by direct election in the legislative assembly of nagaland shall be 60: provided that for the period referred to in clause 2 of article 371a, the total number of seats in the legislative assembly of nagaiand shall be 1 52, of which a 2 twelve seats shall be allocated to the tuensang district and shall be filled by persons chosen by the members of the regional council from amongst themselves in such manner as the governor, after consulting that council, may by notification in the official gazette specify, and b the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the state of nagaland. 2 in the representation of the people act, 43 of , a in section 7, the following proviso shall be inserted at the end, namely: provided that for the period referred to in clause 2 of article 371a, the total number of seats allotted to the legislative assembly of nagaland shall be 46, of which a six seats shall be allocated to the tuensang district and shall be filled by persons chosen by the members of the regional council referred to in that article from amongst themselves in such manner as the governor, after consulting that council, may by notification in the official gazette specify, and b the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the state of nagaland. b in the second schedule, after entry 14, the following entry shall be inserted, namely: 15. nagaland..... 60 for the period referred to in clause 2 of articles 371a, 46.. 3 in the representation of the people act, 43 of , in section 5, in clause c, the following proviso shall be inserted at the end, namely: provided that for the period referred to in clause 2 of article 371a, a person shall not be qualified to be chosen to fill any seat allocated to the tuensang district in the legislative assembly of nagaland unless he is a member of the regional council referred to in that article.. 4 the election commission shall delimit the assembly constituencies in accordance with the provisions of the constitution on the basis of the latest census figures, and in doing so the commission shall have regard to the following provisions, namely: a all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication, public convenience and linguistic affinities of the people, b all constituencies shall be singlemember constituencies, and c the population of each constituency shall not, as far as practicable, be more than six thousand. 5 for the purpose of assisting the election commission in the performance of its functions under this section, the commission shall associate with itself five persons of whom three shall be elected by the members of the interim body established under section 3 of the nagaland transitional provisions regulation, regulation 2 of , from among themselves and two shall be nominated by the central government: provided that none of the said associate members shall have a right to vote or to sign any decision of the election commission. 6 the election commission shall a formulate its proposals in regard to the matters mentioned in subsection 4 and publish them in the official gazette of the state of assam and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit c after considering all objections and suggestions which may have been received by it before the date so specified, determine the matters mentioned in subsection 4 by one or more final orders and cause such order or orders to be published in the official gazette of the state of assam and upon such publication the order or orders shall have the full force of law and shall not be called in question in any court d amend the delimitation of parliamentary and assembly constituencies order, , so as to include therein the parliamentary constituency of nagaland and the assembly constituencies delimited under this section. 1 subs. by act 61 of , s. 3, for 46 w.e.f. . 2. subs. by s. 3, ibid., for six seats w.e.f. .

section 13. of the state of nagaland act : 1 as from the appointed day, a there shall be a common high court for the state of assam and the state of nagaland to be called the high court of assam and nagaland hereinafter referred to as the common high court b the judges of the high court of assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court. 2 expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated between the state of assam and the state of nagaland in such proportion as the president may by order determine.

section 19. of the state of nagaland act : the principal seat of the common high court shall, unless otherwise determined by the chief justice after consultation with the governors of assam and nagaland, be at the same place as the principal seat of the high court of assam immediately before the appointed day.

section 14. of the state of nagaland act : 1 as from the appointed day, a in the advocates act, 25 of , in section 3, in subsection 1, for clause b, the following clause shall be substituted, namely: b for the states of assam and nagaland and the union territory of manipur, to be known as the bar council of assam and nagaland b the bar council of assam shall be deemed to be the bar council of assam and nagaland. 2 any person who immediately before the appointed day is an advocate entitled to practise in the high court of assam shall be entitled to practise as an advocate in the common high court. 3 all persons who immediately before the appointed day are advocates on the roll of the bar council of assam shall as from that day become advocates on the roll of the bar council of assam and nagaland. 4 the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court of assam: provided that as between the advocategeneral of assam and the advocategeneral of nagaland the right of audience shall be determined with reference to their respective dates of enrolment as advocates.

section 17. of the state of nagaland act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of assam shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 16. of the state of nagaland act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of assam shall, with necessary modifications, apply with respect to the custody of the seal of the common high court.

section 20. of the state of nagaland act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of assam and the judges and division courts thereof shall, with necessary modifications, apply in relation to the common high court.

section 26. of the state of nagaland act : 1 all laws in force, immediately before the appointed day, in the naga hillstuensang area shall continue to be in force in the state of nagaland until altered, repealed or amended by a competent legislature or other competent authority. 2 for the purpose of facilitating the application in relation to the state of nagaland of any law made before the appointed day, the appropriate government may, within two years from that day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government and as respects any other law, the government of nagaland.

section 21. of the state of nagaland act : all suits, appeals and proceedings, civil, criminal or otherwise, pending in the high court of assam immediately before the appointed day shall, on that day, stand removed to the common high court and the common high court shall have jurisdiction to hear and determine the same, and the judgments, decrees, sentences and orders of the high court of assam delivered, passed or made before the appointed day shall have the same force and effect as if they had been delivered, passed or made by the common high court.

section 22. of the state of nagaland act : the president may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of nagaland as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislature of the state of nagaland: provided that the governor of nagaland may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of nagaland for any period not extending beyond the said period of six months.

section 22a. of the state of nagaland act : 1 22a. allowances and privileges of governor of nagaland.the allowances and privileges of the governor of nagaland shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine. 1 ins. by act 35 of , s. 2 w.e.f. .

section 24. of the state of nagaland act : 1 all property and assets situated in, or used for, or in connection with the administration of, the naga hillstuensang area and vested in the union immediately before the appointed day other than any property or assets so vested for purposes of the union shall, as from that day, vest in the state of nagaland: provided that the cash balances in the treasuries in the naga hillstuensang area immediately before the appointed day shall, as from that day, vest in the state of nagaland. 2 all rights, liabilities and obligations of the central government, whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the central government arising out of or in connection with the administration of the naga hillstuensang area shall, as from that day, be the rights, liabilities and obligations of the government of the state of nagaland.

section 23. of the state of nagaland act : the president shall by order determine the grantsinaid of the revenues of the state of nagaland and the share of that state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the union duties of excise distribution act, 3 of , the additional duties of excise goods of special importance act, 58 of , the estate duty distribution act, 9 of , and the constitution distribution of revenues order, c.o. 63, in such manner as he thinks fit.

section 25. of the state of nagaland act : the right to recover arrears of any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution which have fallen due in the naga hillstuensang area shall pass to the state of nagaland.

section 27. of the state of nagaland act : notwithstanding that no provision or insufficient provision has been made under section 26 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of nagaland, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 28. of the state of nagaland act : 1 all courts and tribunals and all authorities discharging lawful functions throughout the naga hillstuensang area or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions. 2 every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the administration of the naga hillstuensang area or any part thereof shall, except where by virtue or in consequence of the provisions of this act such post or office ceases to exist on that day, continue to hold the same post or office in the state of nagaland, and shall be deemed, as from that day, to have been duly appointed to such post or office by the government of, or other appropriate authority in, such state. 3 nothing in subsection 2 shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office.

section 33. of the state of nagaland act : regulation 2 of . rep. by the repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 29. of the state of nagaland act : as from the appointed day, in section 15 of the states reorganisation act, , in clause c, for the words, and assam, the words assam and nagaland shall be substituted.

section 30. of the state of nagaland act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 31. of the state of nagaland act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before each house of parliament.

section 32. of the state of nagaland act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session 1 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 35 of , s. 3, for in which it is so laid w.e.f. .

section 8. of the delhi urban art commission act : 1 the commission may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this act. 2 a person associated with it by the commission under subsection 1 for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the commission, and shall not be a member for any other purpose.

section 1. of the delhi urban art commission act : 1 this act may be called the delhi urban art commission act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 1st may, , vide notification no. g.s.r. 189e, dated the 27th april, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the delhi urban art commission act : in this act, unless the context otherwise requires, a building includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not b building operations includes rebuilding operations, structural alterations of, or additions to, buildings and other operations normally undertaken in connection with the construction of buildings c commission means the delhi urban art commission established under section 3 d delhi means the union territory of delhi e development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under, land or the making of any material change in any building or land and includes redevelopment f engineering operations includes the formation or laying out of means of access to a road or the laying out of means of water supply g local body means the delhi municipal corporation established under the delhi municipal corporation act, 66 of , the new delhi municipal committee constituted under the punjab municipal act, punjab act iii of , as in force in delhi, the delhi development authority constituted under the delhi development act, 61 of , or any other local authority concerned with urban development of delhi h member means a member of the commission and includes its chairman i public amenity includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the central government may, by notification in the official gazette, specify to be a public amenity for the purposes of this act j regulation means a regulation made under this act by the commission k rule means a rule made under this act by the central government.

section 7. of the delhi urban art commission act : no act or proceeding of the commission shall be deemed to be invaild by reason merely of any vacancy in, or any defect in the constitution of, the commission.

section 3. of the delhi urban art commission act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a commission by the name of the delhi urban art commission. 2 the commission shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and shall by the said name sue or be sued.

section 9. of the delhi urban art commission act : 1 the central government shall, in consultation with the commission, appoint a secretary of the commission who shall hold office during the pleasure of the central government: provided that the first appointment of the secretary may be made by the central government without consultation with the commission. 2 the terms and conditions of service of the secretary shall be such as may be prescribed by rules. 3 subject to any rules, the commission may appoint such other employees as it may think necessary for the efficient performance of its functions under this act, and the terms and conditions of service of the employees so appointed shall be such as may be determined by regulations.

section 10. of the delhi urban art commission act : all orders and decisions and other instruments of the commission shall be authenticated by the signature of the secretary or any other officer of the commission duly authorised by it in this behalf.

section 4. of the delhi urban art commission act : the commission shall consist of a chairman and such number of other members, being not less than two and not more than four as the central government may, by notification in the official gazette, appoint from amongst persons who, in the opinion of the central government, have sensibility and interest in the plastic and visual arts and urban environment, or possess special knowledge or practical experience in respect of architecture or art.

section 5. of the delhi urban art commission act : 1 a member shall, unless his appointment is terminated earlier by the central government, hold office for a term of three years from the date of his appointment. 2 a person who holds, or who has held, office as chairman or member shall be eligible for reappointment to that office once, but only once. 3 a member may resign his office by writing under his hand addressed to the central government, but he shall continue in office until his resignation is accepted by the central government. 4 a casual vacancy caused by the resignation of a member under subsection 3 or for any other reason, shall be filled by fresh appointment. 5 a member may be appointed either as a wholetime or parttime member as the central government thinks fit. 6 subject to the foregoing provisions, the terms and conditions of service of the chairman and other members shall be such as may be prescribed by rules.

section 11. of the delhi urban art commission act : 1 it shall be the general duty of the commission to advise the central government in the matter of preserving, developing and maintaining the aesthetic quality of urban and environmental design within delhi and to provide advice and guidance to any local body in respect of any project of building operations or engineering operations or any development proposal which affects or is likely to affect the skyline or the aesthetic quality of surroundings or any public amenity provided therein. 2 subject to the provisions of subsection 1, it shall be the duty of the commission to scrutinise, approve, reject or modify proposals in respect of the following matters, namely: a development of district centres, civic centres, areas earmarked for government administrative buildings and for residential complexes, public parks and public gardens b redevelopment of the area within the jurisdiction of new delhi municipal committee including connaught place complex and its environs, central vista, the entire bungalow area of lutyens new delhi, and such other areas as the central government may, by notification in the official gazette, specify c plans, architectural expressions and visual appearance of new buildings in the centres, areas, parks and gardens specified in clauses a and b including selections of models for statues and fountains therein d redevelopment of areas in the vicinity of jama masjid, red fort, qutab, humayuns tomb, old fort, tuglakabad and of such other places of historical importance as the central government may, by notification in the official gazette, specify e conservation, preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein f under passes, overpasses and regulations of street furniture and hoardings g location and plans of power houses, water towers, television and other communication towers and other allied structures h any other projects or layout which is calculated to beautify delhi or to add to its cultural vitality or to enhance the quality of the surroundings thereof i such other matters as may be prescribed by rules. explanation.for the purposes of this subsection, i civic centre means the headquarters of a local body comprising therein its office buildings and buildings intended for cultural activities ii connaught place complex means the area comprising connaught place and its extension measuring approximately 140 hectares, being the area described as zone di revised in the delhi master plan iii district centre means a selfcontained unit created in the delhi master plan comprising areas for retail shopping, general business, commercial and professional offices, forwarding, booking and government offices, cinemas, restaurants and other places of entertainment. 3 without prejudice to the provisions contained in subsection 1 and subsection 2, the commission may suo motu promote and secure the development, redevelopment or beautification of any areas in delhi in respect of which no proposals in that behalf have been received from any local body.

section 14. of the delhi urban art commission act : nothing contained in this act shall preclude the central government from calling for and examining, on its own motion, if it considers it necessary so to do in the public interest, any case in which a decision has been made by the commission under section 12 but no appeal lies thereto, and passing such order thereon as it thinks fit: provided that no such order shall be made prejudicially affecting any person except after giving him an opportunity of making a representation in the matter.

section 6. of the delhi urban art commission act : the commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

section 15. of the delhi urban art commission act : for the purpose of performing its functions under this act, the commission shall have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him b requiring discovery and production of any documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any office e any other matter which may be prescribed by rules.

section 12., to the commission. of the delhi urban art commission act : notwithstanding anything contained in any other law for the time being in force, every local body shall, before according approval in respect of any building operations, engineering operations or development proposals referred to in subsection 1 of section 11 or intended to be undertaken in any area or locality specified in subsection 2 of that section, refer the same to the commission for scrutiny and the decision of the commission in respect thereof shall be binding on such local body.

section 13. of the delhi urban art commission act : if any local body is aggrieved by a decision of the commission in respect of any building operation, engineering operation or development proposal intended to be undertaken or notified, as the case may be, by that local body and referred to the commission under section 12, the local body may, within sixty days from the date of such decision, prefer an appeal to the central government, and the central government may pass such order thereon as it deems fit.

section 18. of the delhi urban art commission act : the commission shall prepare, in such form and within such time, each year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 16. of the delhi urban art commission act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the commission in each financial year such sums as the central government may consider necessary for the performance of the functions of the commission under this act.

section 17. of the delhi urban art commission act : 1 the commission shall have its own fund, and all sums which may, from time to time, be paid to it by the central government shall be carried to the fund of the commission and all payments by the commission shall be made therefrom. 2 the commission may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the commission. 3 all moneys in the fund shall be deposited in such bank or invested in such manner as may, subject to the approval of the central government, be decided by the commission.

section 19. of the delhi urban art commission act : the commission shall prepare once every year, in such form and within such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the central government, and the central government shall cause every such report to be laid before both houses of parliament.

section 23. of the delhi urban art commission act : the commission may, by general or special order in writing, delegate to the chairman or any other member or any officer of the commission, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary for the efficient running of the daytoday administration of the commission.

section 21. of the delhi urban art commission act : the commission shall furnish to the central government such returns or other information with respect to its fund or activities as the central government may, from time to time, require.

section 20. of the delhi urban art commission act : show related subordinates 1 the commission shall cause to be maintained such books of accounts and other books in relation to its accounts in such form and in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed by rules. 2 the commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form as may be prescribed by rules, and forward the same to the comptroller and auditorgeneral of india by such date, as the central government may, in consultation with the comptroller and auditorgeneral of india, determine. 3 the accounts of the commission shall be audited by the comptroller and auditorgeneral of india at such times and in such manner as he thinks fit. 4 the annual accounts of the commission together with the audit report thereon shall be forwarded to the central government, and the central government shall cause the same to be laid before both houses of parliament and shall also forward a copy of the audit report to the commission for taking appropriate action on the matters arising out of the audit report.

section 22. of the delhi urban art commission act : the central government may, subject to such conditions as may be prescribed by rules in this behalf, exempt any building, building operation or engineering operation which has been designed as a result of an architectural competition, from the operation of all or any of the provisions of this act.

section 27. of the delhi urban art commission act : 1 1 the commission may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder for a regulating the meetings of the commission and the procedure for conducting business thereat b regulating the manner in which and the purposes for which persons may be associated with the commission under section 8: c determining the terms and conditions of service of persons appointed by the commission under subsection 3 of section 9 d any other matter which has to be or may be prescribed by regulations. 2 2 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1 section 27 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f.. 2 ins. by s. 2 and the schedule, ibid. w.e.f. .

section 24. of the delhi urban art commission act : all members and officers of the commission shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 25. of the delhi urban art commission act : no suit or other legal proceeding shall lie against any member or officer of the commission in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 26. of the delhi urban art commission act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salaries, if any, allowances and other terms and conditions of service of members of the commission b the terms and conditions of service of the secretary of the commission c the matters in respect of which the commission may tender advice to the central government under clause i of subsection 2 of section 11 d the form in which, and the time within which, the budget and annual report of the commission may be prepared and forwarded to the central government e the form and manner in which the accounts of the commission may be maintained, and the time at which, and the manner in which, such accounts may be audited f the returns and information which the commission may be required to furnish to the central government g the conditions subject to which any building, building operation or engineering operation, designed as a result of an architectural competition, may be exempted h any other matter which has to be or may be prescribed by rules. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the bengal land revenue sales act : no claim to abatement or remission of revenue, unless the same shall have been allowed by the authority of government, and no private demand or cause of action whatever, held or supposed to be held by any defaulter against government, shall bar or render void or voidable a sale under this act nor shall the plea that money belonging to the defaulter, and sufficient to pay the arrear of revenue due, was in the collectors hands, bar or render void or voidable a sale under this act, unless such money stand in the defaulters name alone and without dispute, and unless, after application in due time made by the defaulter, or after the written agreement provided for in section xv of this act, the collector shall have neglected, or refused on insufficient grounds, to transfer it in payment of the arrear of revenue due.

section 1. of the bengal land revenue sales act : regulation x. relating to collection of the public revenue from proprietors and farmers of land in the district of cuttack, c is hereby repealed and from the date of the passing of this law, act i of regarding sales of land for arrears of revenue, except in so far as it repeals other laws, and except in regard to sales made or advertised, to arrears and other demands realizable, and to suits commenced and acts done, under authority thereofshall cease to have effect in the lower provinces of bengal.

section 7. of the bengal land revenue sales act : whenever an estate or share of an estate is notified for sale as provided by section vi of this act, the collector or other officer as aforesaid shall affix a proclamation in the language of the district, in his own office, and as soon thereafter as may be in the moonsiffs courts and police thannahs within which the estate or share of an estate, or any part of it, is situated, and also at the cutcherry of the malgoozar or the owner of the estate or share of an estate, or at some conspicuous place upon the estate or share of an estate, forbidding the ryots and under tenants to pay to the defaulting proprietor any rent which has fallen due after the day fixed for the last day of payment, on pain of not being entitled to credit in their accounts with the purchaser for any sums so paid.

section 3. of the bengal land revenue sales act : upon the promulgation of this act, the board of revenue at calcutta shall determine upon what dates all arrears of revenue and all demands which, by the regulations and acts in force, are directed to be realized in the same manner as arrears of revenue, shall be paid up in each district under their jurisdiction, in default of which payment the estates ill arrear in those districts, except as hereinafter provided, shall be sold at public auction to the highest bidder. and the said board shall give notice of the dates so fixed in the official gazette, and shall direct corresponding publication to be made, as far as regards each district in the language of that district, in the office of the collector or other officer duly authorized to hold sales under this act, in the courts of the judge, magistrate, or joint magistrate, as the case may be, and moonsiffs, and at every thannah station of that district and the dates so fixed shall not be changed except by the said board by advertisement and notification, in the manner above described, to be issued at least three months before the close of the official year preceding that in which the new date is, or dates are, to take effect.

section 9. of the bengal land revenue sales act : the collector or other officer as aforesaid shall, at any time before sunset of the latest day of payment determined according to section iii of this act, receive as a deposit from any person not being a proprietor of the estate or share of an estate in arrear, the amount of the arrear of revenue due, to be credited in payment of the arrear at sunset as aforesaid, unless before that time the arrear shall have been paid by a defaulting proprietor of the estate. and in case the person so depositing, whose money shall have been credited in the manner aforesaid, shall be a party in a suit pending before a court of justice for the possession of the estate or share from which the arrear is due, or any part thereof, it shall be competent to the said court to order the said party to be put into temporary possession of the said estate or share or part thereof, subject to the rules in force for taking security in the cases of parties in civil suits. and if the person so depositing, whose money shall have been credited as aforesaid, shall prove before a competent civil court that the deposit was made in order to protect an interest of the said person, which would have been endangered or damaged by the sale, or which he believed in good faith would have been endangered or damaged by the sale, he shall be entitled to recover the amount of the deposit, with or without interest as the court may determine, from the defaulting proprietor, and if the party so depositing, whose money shall have been credited as aforesaid, shall prove before such a court that the deposit was necessary in order to protect any lien he had on the estate or share or part thereof, the amount so credited shall be added to the amount of the original lien.

section 2. of the bengal land revenue sales act : if the whole or a portion of a kist or instalment of any month of the era according to which the settlement and kistbundee of any mehal have been regulated, be unpaid on the first of the following month of such era, the sum so remaining unpaid shall be considered an arrear of revenue.

section 4. of the bengal land revenue sales act : provided that in the district of sylhet, the collector may be authorized by the board of revenue to proceed in the first instance by the distress and sale of the personal property of defaulters, instead of by the sale of their estates.

section 10. of the bengal land revenue sales act : when a recorded sharer of a joint estate, held in common tenancy, desires to pay his shares of the government revenue separately, he may submit to the collector a written application to that effect. the application must contain a specification of the share held in the estate by the applicant. the collector shall then cause to be published in his own office, in the court of the judge, magistrate or join magistrate, as the case may be, and moonsiffs, and in the police thannahs in whose jurisdiction the estate or any part thereof is situated, as well as on some conspicuous part of the estate itself, a copy of the application made to him. if, within six weeks from the date of the publication of these notices, no objection is made by any other recorded sharer, the collector shall open a separate account with the applicant, and shall credit separately to his share all payments made by him on account of it. the date on which the collector his sanction to the opening of a separate account, shall be held to be that from which the separate liabilities of the share of the applicant commence

section 12. of the bengal land revenue sales act : if any recorded proprietor of the estate, whether the same be held in common tenancy or otherwise, object that the applicant has no right to the share claimed by him, or that his interest in the estate is less or other than that claimed by him, or if the application be in respect of a specific portion of the land of an estate, that the amount of sudder jumma stated by the applicant to have been heretofore paid on account of such portion of land, is not the amount which has been recognized by the other sharers as the jumma thereof, the collector shall refer the parties to the civil court, and shall suspend proceedings until the question at issue is judicially determined.

section 13. of the bengal land revenue sales act : whenever the collector shall have ordered a separate account or accounts to be kept for one or more shares, if the estate shall become liable to sale for arrears of revenue, the collector or other officer as aforesaid in the first place shall put up to sale only that share or those shares of the estate from which, according to the separate accounts, an arrear of revenue may be due. in all such cases notice of the intention of excluding the share or shares from which no arrear is due shall be given in the advertisement of sale prescribed in section vi of this act. the share or shares sold, together with the share or shares excluded from the sale, shall continue to constitute one integral estate, the share or shares sold being charged with the separate portion or the aggregate of the several separate portions of jumma assigned thereto.

section 5. of the bengal land revenue sales act : provided always that no estate, and no share or interest in any estate, shall be sold for the recovery of arrears or demands of the descriptions mentioned below, otherwise than after a notification in the language of the district specifying the nature and amount of the arrear or demand, and the latest date on which payment thereof shall be received, shall have been affixed for a period of not less than fifteen clear days preceding the date fixed for payment according to section iii of this act, in the office of the collector or other officer duly authorized to hold sales under this act, in the court of the judge within whose jurisdiction the land advertised lies, and in the moonsiffs court and police thannah of the division in which the estate or share of an estate to which the notification relates is situated or is the estate or share of an estate be situated within the jurisdiction of more than one moonsiffs court or police thannah, in some one or more of such courts or thannas and also at the cutcherry of the malgoozar or owner of the estate or share of an estate, or at some conspicuous place upon the estate or share of an estate, the same to be certified by the peon or other person employed for the purpose. first. arrears other than those of the current year, or of the year immediately preceding. secondly. arrears due on account of estates other than that to be sold. thirdly. arrears of estates under attachment by order of any judicial authority, or managed by the collector in accordance with such order. fourthly. arrears due on account of tuccavee, poolbundee, or other demands not being land revenue, but recoverable by the same process as arrears of land revenue.

section 6. of the bengal land revenue sales act : the collector or other officer duly authorized to hold sales under this act shall, as soon as possible after the latest day of payment fixed in the manner prescribed in section iii of this act, issue notifications in the language of the district, to be affixed in his own office and in the court of the judge of the district, specifying the estates or shares of estates which will be sold as aforesaid, and the day on which the sale of the same will commence, which day shall not be less than fifteen or more than thirty clear days from the date of affixing the notification in the office of the collector or other officer as aforesaid. and if the government revenue of any estate or share: of an estate to be sold, exceed the sum of five hundred rupees, a notification of the sale of such estate or share of an estate shall be published in the official gazette. except as hereinafter provided, all estates or shares of estates so specific shall, on the day notified for sale, or on the day or days following, be put up to public auction by and in the presence of the collector or other officer as aforesaid, and shall be sold to the highest bidder. and no payment, or tender of payment, made after sunset of the said latest day of payment, shall bar or interfere with the sale, either at the time of sale or after its conclusion.

section 16. of the bengal land revenue sales act : it shall be competent to the person making a deposit under the provision of the last preceding section, or his representative or assignee, at any time to withdraw the deposit and to revoke the pledge of the same.

section 17. of the bengal land revenue sales act : no estate shall be liable to sale for the recovery of arrears which have accrued during the period of its being. under the of the court of wards and no estate the sole property of a minor or minors and descended to him or them by the regular course of inheritance duly notified to the collector for the information of the court of wards, but of which .the court of wards has not assumed the management under regulation vi. , shall be sold for arrears of revenue accruing subsequently to his or their succession to the same, until the minor or minors, or one of them, shall have attained the full age of eighteen years. and no estate held under attachment by the revenue authorities otherwise than by order of a judicial authority, shall be liable to sale for arrears accruing whilst it was so held under attachment. and no estate held under attachment or managed by a revenue officer, in pursuance of an order of a judicial authority, shall be liable to sale for the recovery of arrears of revenue accruing during the period of such attachment or management until after the end of the year in which such arrears accrued.

section 11. of the bengal land revenue sales act : when a recorded sharer of a joint estate, whose share consists of a specific portion of the land of the estate, desires to pay his share of the government revenue separately, he may submit to the collector a written application to that effect. the application must contain a specification of the land comprised in his share, and of the boundaries and extent thereof, together with a statement of the amount of sudder jumma heretofore paid on account of it. on the receipt of this application, the collector shall cause it to be published ill the manner prescribed for publication of notice in the last preceding section. in the event of no objection being urged by any recorded cosharer within six weeks from the time of publication, the collector shall open a separate account with the applicant, and shall credit separately to his share all payments made by him on account of it. the date on which the collector records his sanction to the opening of a separate account, shall be held to be that from which the separate liabilities of the share of the applicant commence.

section 20. of the bengal land revenue sales act : in case the collector or other officer as aforesaid shall be unable from sickness, from occurrence of a holiday, or from any other cause, to commence the sale on the day of sale fixed as aforesaid or if, having commenced it, he be unable, from any cause, to complete it he shall be competent to adjourn it to the next day following, not being sunday or other close holiday, recording his reasons for such adjournment, forwarding a copy of such record to the commissioner of revenue, and announcing the adjournment by a written proclamation stuck up in his cutcherry and so on, from day to day, until he shall be able to commence upon, or to complete the sale but, with the exception of adjournments so made, recorded, and reported, each sale shall invariably be made on the day of sale fixed in the manner aforesaid.

section 14. of the bengal land revenue sales act : if in any case of sale held according to the provisions of the last preceding section, the highest offer for the share exposed to sale shall not equal the amount of arrear due thereupon to the date of sale the collector or other officer as aforesaid shall stop the sale, and shall declare that the entire estate will be put up to sale for arrear of revenue at a future date, unless the other recorded sharer or sharers, or one or more of them, shall within ten days purchase the share in arrear by paying to government the whole arrear due from such share. if such purchase be completed, the collector or other officer as aforesaid shall give such certificate and delivery of possession as are provided for in sections xxviii and xxix of this act, to the purchaser or purchasers, who shall have the same rights as if the share had been purchased by him or them at the sale. if no such purchase be made within ten days as aforesaid, the entire estate shall be sold, after notification for such period and publication in such manner as if proscribed in section vi of this act.

section 15. of the bengal land revenue sales act : if any recorded proprietor or copartner of an estate shall deposit with the collector money, or government securities, endorsed and made payable to the order of the collector, and shall sign an agreement pledging the same to government by way of security for the jumma of the entire estate and authorizing the collector to apply to the payment of any arrear of revenue that may become due from that estate the whole or any portion of the said money or securities that may be necessary for that purpose, then in the case of any arrear of revenue due from the said estate not being paid before sunset of the latest day of payment fixed under iii of this act, the collector shall apply to the payment of such arrear the said money or securities, as may be necessary and for this purpose the collector shall first apply any money that may be in his hands and any interest that may be due upon such securities, and may then sell and transfer the securities, for any balance that may remain, and so long as any money or securities as aforesaid, sufficient to cover any arrear that may fall due, shall remain and he available as aforesaid, the estate for the protection of which the said deposit was made shall be exempted from sale for arrears of revenue. all monies and securities so deposited shall be exempt from attachment otherwise than in execution of a decree of a civil court.

section 18. of the bengal land revenue sales act : it shall be competent to the collector or other officer as aforesaid, at any time before the sale of an estate or share of an estate shall have commenced, to exempt such estate or share from sale and in like manner it shall be competent to the commissioner of revenue, at any time before the sale of an estate or share of an estate shall have commenced, to exempt such estate or share from sale, by a special order to the collector or other officer as aforesaid to that effect in each case and no such sale shall be legal if held after the receipt of such order of exemption. proviso.provided, however, and it is hereby enacted, that the collector or other officer as aforesaid or the commissioner shall duly record in a proceeding the teas on for granting such exemption provided also that an order for exemption so issued by the commissioner shall not affect the legality of a sale which may have taken place before the receipt by the collector or other officer as aforesaid of the order of exemption.

section 19. of the bengal land revenue sales act : sales shall ordinarily be made by the collector or other officer as aforesaid in the land revenue office at the sudder station of the district: provided, however, that it shal1 be competent to the board of revenue to prescribe a place for holding sales other than such office whenever they shall consider it beneficial to the parties concerned.

section 21. of the bengal land revenue sales act : on the day of sale fixed according to section vi of this act sales shall proceed in regular order the estate to be sold bearing the lowest number on the towjee or register in use in the collectors office of the district being put up first, and so on, in regular sequence and it shall not be lawful for the collector or other officer as aforesaid to put up any estate out of its regular order by number, except where it may be necessary to do so 011 default of deposit, as provided in section xxii of this act.

section 22. of the bengal land revenue sales act : the party who shall be declared the purchaser of an estate or share of an estate at any such public sale as aforesaid, shall be required to deposit or immediately or as soon after the conclusion of the sale of the estate at share as the collector or other officer as aforesaid may think necessary, either in cash bank of bengal notes or post bills or government securities to be valued at the market rate of the day, duly endorsed, twenty percent on the amount of his bid and in default of such deposit, the estate or share shall forthwith be put up again and sold.

section 28. of the bengal land revenue sales act : immediately upon a sale becoming final and conclusive, the collector or other officer as aforesaid shall give to the purchaser a certificate of title in the form prescribed in schedule a annexed to this act. and the said certificate shall be deemed in any court of justice sufficient evidence of the title to the estate or share of an estate sold being vested in the person or persons named from the date specified and the collector shall also notify such transfer by written proclamation in his own officer and in the courts of the moonsiffs and police thannahs within whose jurisdiction any part of the estate or share sold shall be situated.

section 23. of the bengal land revenue sales act : the full amount of purchase money shall be made good by the purchaser before sunset of the thirtieth day from that on which the sale of the estate or share of all estate bought by him took place, reckoning that day as one of the thirty or if the thirtieth day be a sunday or other close holiday, then on the first office day after the thirtieth: and in default of payment within the prescribed period as aforesaid, the deposit shall be forfeited to government, the estate or share shall be resold, and the defaulting purchaser shall forfeit all claim to the estate or share, or to any part of the sum for which it may subsequently be sold. and in the event of the proceeds of the sale which may be eventually consummated being less than the price bid by the defaulting bidder aforesaid, the difference shall be leviable from him by any process authorized for realizing an arrear of public revenue, and such difference shall be considered to be a part of the purchase money and shall be dealt with in the manner hereinafter prescribe for the disposal thereof.

section 24. of the bengal land revenue sales act : when default is made in the payment of purchase money a notification of the intended resale shall be published for the period and in the manner prescribed in section vi of this act, but such notification shall not be published until the expiration of three clear days after the day on which the default shall have occurred and if the payment or tender of payment of the arrear on account of which the estate or share was first sold, and of any arrear which may have subsequently become : due shall be made by or on behalf of the proprietor of the estate or share before sunset of the third day, the issue of the notification of resale shall be stayed. the rules contained in the last preceding section shall be applicable to every such resale. provided that if default of payment of purchase money shall occur more than once, the amount to be recovered from the defaulting bidders shall be the difference between the highest bid and the proceeds of the sale eventually consummated, which amount may be levied in manner aforesaid from any of the defaulting bidders to the extent of the amount by which his bid exceeds the amount realized.

section 25. of the bengal land revenue sales act : it shall be lawful for the commissioner of revenue to receive an appeal against may sale made under this act, if preferred to him on or before the fifteenth day from the date of sale, reckoning as in section xxiii, or if preferred to the collector or other officer as aforesaid for transmission to the commissioner, on or before the tenth day from the day of sale, and not otherwise and the commissioner shall be competent in every case of appeal so preferred to annul any sale of an estate or share of an estate made under this act, which shall appear to him not to have been conducted according to the provisions of this act, awarding at compensation for his loss, if the sale shall have been occasioned by neglect of the proprietor, such compensation not to exceed the interest, at the highest rate of the current government securities of its being retained in the collectors office and the order of the commissioner shall in such cases be final.

section 26. of the bengal land revenue sales act : it shall be competent to the commissioner of revenue, on the ground of hardship or injustice, to suspend the passing of final orders in any case of appeal from a sale, and to represent the case to the board of revenue, who, if they see cause, may recommend to the local government to annul the sale and the local government in any such case may annul the sale and cause the estate or share of an estate to be restored to the proprietor on such conditions as may appear equitable and proper.

section 27. of the bengal land revenue sales act : all sales of which the purchase money has been paid up as prescribed in section xxiii of this act, and against which no appeal shall have been preferred, shall be final and conclusive at noon of the thirtieth day from the day of sale, reckoning the said day of sale as the first of the said thirty days. and sales against which all appeal may have been preferred, and dismissed by the commissioner, shall be final and conclusive from the date of such dismissal, if more than thirty days from the day of sale, or if less, then at noon of the thirtieth day as above provided.

section 29. of the bengal land revenue sales act : the collector or other officer as aforesaid shall order delivery of possession of the estate or share purchased to be made by removing any person who may refuse to vacate the same, and by proclamation to the occupants of the property by beat of drum or in such other mode as may be customary, at some convenient place or places and by affixing a copy of the certificate at the mal cutchery or in some conspicuous place of the estate or share of an estate purchased.

section 35. of the bengal land revenue sales act : in the event of a sale being annulled by a final decree of a court of justice, and the former proprietor being restored to possession, the purchase money shall be refunded to the purchaser by government, together with interest at the highest rate of the current public securities.

section 30. of the bengal land revenue sales act : the party certified as the proprietor of an estate or share of an estate by purchase under this act, shall be answerable for all instalments of the revenue of government which may fall due after the latest day of payment aforesaid.

section 31. of the bengal land revenue sales act : the collector shall apply the purchase money first to the liquidation of all arrears due upon the latest day of payment from the estate or share of an estate sold and secondly to the liquidation of all outstanding demands debited to the estate or share of an estate in the public accounts of the district holding the residue, if any, in deposit on account of the late recorded proprietor or proprietors of the estate share of an estate sold or their heirs or representatives to be paid to his or their receipt on demand in the manner following : to wit, in shares proportioned to their recorded interest in the estate or share of an estate sold, if such distinction of shares were recorded, or if not, then as an aggregate sum to the whole body of proprietors upon their joint receipt. and if before payment to the late proprietor or proprietors of any surplus that may remain of the purchase money, the same be claimed by any creditor in satisfaction of a debt, such surplus shall not be payable to such claimant, nor shall it be withheld from the proprietor, except under precept of a civil court.

section 36. of the bengal land revenue sales act : any suit brought to oust the certified purchaser as aforesaid on the ground that the purchase was made on behalf of another person not the certified purchaser, or on behalf partly of himself and partly of another person, though by agreement the name of the certified purchaser was used, shall be dismissed with costs.

section 32. of the bengal land revenue sales act : the annulment by a commissioner or by government of a sale made under this act shall be publicly notified by the collector or other officer as aforesaid, in the same manner as the becoming final and conclusive of sales is required to be notified by section xxviii of this act and the amount of deposit and balance of purchase money shall be forthwith returned to the purchaser with interest thereon at the highest rates of the current public securities which shall be paid by the government, unless the proprietor shall have become liable for the same under the provisions of section xxv or section xxvi of this act

section 33. of the bengal land revenue sales act : no sale for arrears of revenue or other demands realizable in the same manner as arrears of revenue are realizable made after the passing of this act, shall be annulled by a court of justice, except upon the ground of its having been made contrary to the provisions of this act, and then only on proof that the plaintiff has sustained substantial injury by reason of the irregularity complained of: and no such sale shall be annulled upon such ground, unless such ground shall have been declared and specified in an appeal made to the commissioner under section xxv of this act: and no suit to annul a sale made under this act shall be received by any court of justice unless it shall be instituted within one year from the date of the sale becoming final and conclusive as provided in section xxvii of this act: and no person shall be entitled to contest the legality of a sale, after having received any portion of the purchase money. proviso.provided, however, that nothing in this act contained shall be construed to debar any person considering himself wronged by any act or omission connected with a sale under this act, from his remedy in a personal action for damages against the person by whose act or omission he considers himself to have been wronged.

section 37. of the bengal land revenue sales act : the purchaser .of an entire estate in the permanently settled districts of bengal, behar, and orissa, sold under this act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement and shall be entitled to avoid and annul all undertenures and forthwith to eject all undertenants, with the following exceptions: first. istemraree or mokurreree tenures which have been held at a fixed rent from the time of the permanent settlement. secondly. tenures existing at the time of settlement, which have not been held at a fixed rent. provided always that the rents of such tenures shall be liable to enhancement under any law for the time being in force for the enhancement of the rent of such tenures. thirdly. talookdaree and other similar tenures created since the time of settlement and held immediately of the proprietors of estates, and farms for terms of years so held, when such tenures and farms have been duly registered under the provisions of this act. fourthly. leases of lands whereon dwelling houses, manufactories, or other permanent buildings have been erected, or whereon gardens, plantations, tanks, wells, canals, places of worship, or burning or burying grounds have been made, or wherein mines have been sunk. and such a purchaser as is aforesaid shall be entitled to proceed in the manner prescribed by any law for the time being in force for the enhancement of the rent of any land coming within the fourth class of exceptions above made, if he can prove the same to have been held at what was originally an unfair rent, and if the same shall not have been held at a fixed rent, equal to the rent of good arable land, for a term exceeding twelve years but not otherwise. proviso.provided always that nothing in this section contained shall be construed to entitle any such purchaser as aforesaid to eject any ryot having a right of occupancy at a fixed rent or at a rent assessable according to fixed rules under the laws in force, or to enhance the rent of any such ryot otherwise than in the manner prescribed by such laws, or otherwise than the former proprietor, irrespectively of all engagements made since the time of settlement, may have been entitled to do.

section 34. of the bengal land revenue sales act : if a sale made under this act be annulled by a final decree of a civil court application for the execution of such decree shall be made within six months after the date thereof, otherwise the party in whose favor such decree was passed shall lose all benefit therefrom. and no order for restoring such decreeholder to possession shall be passed until any amount of surplus purchase money that may have been paid away by order of a civil court be repaid by him, with interest at the highest rate of the current government securities. and if such party shall neglect to pay any amount so recoverable, within six months from the date of such final decree, he shall lose all benefit therefrom.

section 41. of the bengal land revenue sales act : when the application is for common registry, the collector shall serve a notice on the recorded proprietor or proprietors of the estate in which the tenure or farm is situated, or the authorized agent of such proprietor or proprietors, with a copy of the application annexed and shall cause a notice, with a copy of the application annexed, to be affixed in his office, and at the malcutcherry of the estate in which the tenure or farm is situated, or in such other place or places as in the opinion of the collector may be best suited to give publicity to the application, requiring the proprietor or any party interested, within thirty days from the issue of the said notice, to file any objections he may have to the registry of the tenure or farm, or to any statement contained in the application. if within the limited time no objection is made, the collector shall register the tenure or farm. if within the limited time an objection is made any recorded proprietor, or by any party interested not being a proprietor, the collector shall examine the person so objecting or his authorized agent, and if it shall appear to him that such person has probable, ground of objection, the collector shall suspend proceedings, and shall refer the parties to the civil court: otherwise he shall grant the application. if the decision of the civil court be in favor of the applicant, the collector, on the presentation of a copy of the final decree, shall register the tenure or farm.

section 38. of the bengal land revenue sales act : the following rules for the registration of talookdaree and other similar tenure created since the time of settlement, and held immediately of the proprietors of estates, and of farms for terms of years so held, shall be observed.

section 46. of the bengal land revenue sales act : the actual expenses of any measurement, survey, or local enquiry made under sections xlii and xliv of this act, shall be borne by the party who applies for the registry of his tenure or farm and such party may be required by the collector from time to time to make such advances on this account as he may consider necessary.

section 40. of the bengal land revenue sales act : the holder of any talookdaree, other similar tenure, such as is described in section xxxviii of this act, desirous of registering it, shall apply by petition to the collector of the district to which the estate belongs. the application shall state when description of registry is desired, and shall contain the following particulars so far as the same are ascertainable: 1. the pergunnah or pergunnahs in which the tenure is situated. 2. the nature of tenure. 3. the name or names of the billage or villages whereof the land is composed, or wherein it is situated. 4. the area of the land comprised in the tenure, with its boundaries in complete detail. 5. the amount of rent payable annually for the tenure, and whether the rent is fixed for a rent of years or in perpetuity, and the duties, if any, required to be performed on account of it. 6. the date of the deed constituting the tenure, or the date when the tenure was created. 7. the name of the proprietor who created the tenure. 8. the name of the original holder of the tenure. 9. the name of the present possessor, and if he be not the original holder, the mode in which he succeeded to the tenure, whether by inheritance, gift, purchase, or otherwise, and whether he holds jointly or solely. holders of such farms as are described in the said section may apply in like manner for registry of the same. the application shall contain such of the foregoing particulars as are applicable to farms.

section 39. of the bengal land revenue sales act : there shall be two sets of registers, one for common registry and one for special registry. common registry shall secure such tenures and farms against any auction purchaser at a sale for arrears of revenue except the government. special registry shall secure such tenures and farms against any auction purchaser at a sale for arrears of revenue including the government.

section 42. of the bengal land revenue sales act : when the application is for special registry, the collector shall serve and issue the notices prescribed in the last proceeding section. if within the limited time no objection is made, the collector shall cause any enquiry that he may deem necessary for the security of the government revenue, to be made and if he is satisfied that the government revenue of the parent estate is sufficient secured so far as it may be affected by the tenure or farm in question, he shall report the case to the commissioner, who, if also satisfied on that point, shall direct the tenure or farm to be registered according to the application otherwise the application shall be rejected. if within the limited time any recorded proprietor or any party interested not being a proprietor object to the registry, the collector shall examine the person so objecting or his authorized agent, and if it shall appear to him that such person has probable ground of objection, shall suspend proceedings, and shall refer the parties to the civil court otherwise he shall proceed as if no objection had been made. if the decision of the civil court be in favor of the applicant, the collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time.

section 47. of the bengal land revenue sales act : the actual expenses of any measurement, survey, or local enquiry made under sections xlii and xliv of this act, shall be borne by the party who applies for the registry of his tenure or farm and such party may be required by the collector from time to time to make such advances on this account as he may consider necessary.

section 44. of the bengal land revenue sales act : tenures of the first and second exceptional classes in section xxxvii may be registered, at the option of the holders and when so registered shall be entered only in the special register. application for such registry shall contain the particulars specified in section xl so far as the same are ascertainable, and notices shall be served and issued in the manner prescribed in section xli. if within the limited time no objection is made by any recorded proprietor or by any party interested not being a proprietor, the collector shall make such enquiries as may be necessary to satisfied him as to the validity of the tenure and if the result be to satisfy him that the tenure is valid, he shall report the case to the commissioner, who, if also satisfied that the tenure is valid, shall direct it to be entered in the special register otherwise the application for registry shall be rejected. if within the limited time any recorded proprietor or other party as aforesaid object to the registry of the tenure, the collector shall examine the person so objecting of his authorized agent, and if it shall appear to him that such person has probable ground of objection, shall suspend proceedings, and refer the parties to the civil court otherwise he shall proceed as if no objection had been made. if the decision of the civil court be in favor of the applicant, the collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time. proviso.provided always that nothing contained in this section shall be understood as rendering registration necessary for the protection of bond fide tenures of the description herein referred to.

section 43. of the bengal land revenue sales act : leases of lands of the description specified in the fourth exceptional class in section xxxvii, may be registered, at the option of the holders, in the manner and under the rules hereinbefore provided for the registry of talookdaree and other similar tenures.

section 45. of the bengal land revenue sales act : application for registry existing tenures and farms must be made within three years after the passing of this act application for the registry of tenures created after the passing of this act must be made within three months from the date of the deed constituting the tenure.

section 48. of the bengal land revenue sales act : subject to the general law of limitation, any person thinking himself wronged by the registry of a tenure or farm, may file a suit for the cancelment of the same.

section 55. of the bengal land revenue sales act : arrears of rent which on the latest day of payment may be due to the defaulter from his undertenants or ryots, shall, in the event of a sale, be recoverable by him after the said latest day, by any process except distraint which might have been used by him for that purpose on or before the said latest day.

section 49. of the bengal land revenue sales act : in the execution of their functions in the registration of tenures and farms under this act, all subordinate revenue authorities shall proceed in accordance with the general instructions which they may receive from the superior revenue authorities to whom they are subordinate, and from the local government and all orders passed under the sections aforesaid shall be open to appeal in usual course. the order of a commissioner for the special registry of a tenure under the provisions of this act, shall be open at any time within one year from the date of registry to revision by the board of revenue or the local government, on the ground of the government revenue not having been sufficiently secured or of the invalidity of the tenure, as the case may be.

section 50. of the bengal land revenue sales act : entry in the special register shall be an effectual protection of the tenure or farm so registered, unless in a suit instituted by government in a civil court within the period allowed for suits for the recovery of the public revenue a decree be passed pronouncing the registration to have been obtained by fraud, to the injury of the government revenue. provided that a tenure or farm in the hands of a bond fide purchaser for value shall not be avoided by reason of such fraud. but the tenure or farm shall be liable to such amount of rent as would have been fair and equitable at the time of the special registry thereof, such amount to be fixed by the collector.

section 51. of the bengal land revenue sales act : tenures and farms of the third exceptional class described in section xxxvii of this act, for the special registration of which application shall be made within the prescribed time, and in respect of which the collector shall have commenced the enquiry prescribed in section xlii, shall, in case of the sale of the parent estate for arrears of revenue, be protected pending the duration of such enquiry, and shall be protected eventually by registration, if the final award of the revenue authorities, upon such application, be in favor of the claimant.

section 52. of the bengal land revenue sales act : the purchaser of an estate in a district not permanently settled, sold under this act for the recovery of arrears due on account of the same, shall acquire the estate free from all encumbrances which may have been imposed upon it after the time of settlement, and shall be entitled to avoid and annul all tenures which may have originated with the defaulter or his predecessors, being representatives or assignees of the original engager, as well as all agreements with ryots or the like settled or accredited by the first engager or his representatives, subsequently to the last settlement, as well as all tenures which the first engager may, under the conditions of his settlement, have been competent to set aside, alter, or renew, saving always and except leases of lands whereon dwelling houses, manufactories, or other permanent buildings have been erected, or whereon gardens, plantations, tanks, wells, canals, places of worship, or burning or burying grounds have been made, wherein mines have been sunk, which leases or engagements shall, so as the land is duly appropriated to such purposes, and the stipulated rent paid, continue in force and effect. provided that nothing contained in this section shall be construed to entitle any purchaser of land at a public sale for arrears of revenue to demand a higher rate of rent from any persons whose tenure or agreement may be annulled as aforesaid, than was demandable by the cases in which such persons may have held their lands under engagements, stipulating for a lower rate of rent than would have been justly demandable for the land, or in cases in which it may be proved that, according to the custom of the pergunnah, mouzah, or other local division, such persons are liable to be called upon for any new assessment, or other demand not interdicted by the regulations of government.

section 58. of the bengal land revenue sales act : when an estate is put up for sale under this act for the recovery of arrears of revenue due thereon, if there be no bid, the collector or other officer as aforesaid may purchase the estate on account of the government for one rupee, or if the highest bid be insufficient to cover the said arrears and those subsequently accruing up to the date of sale, the collector or other officer as aforesaid may take or purchase the estate on account of the government at the highest amount bid in both which cases the government shall acquire the property subject to the provisions of this act

section 54. of the bengal land revenue sales act : when a share or shares of an estate may be sold under the provisions of section xiii or section xiv, the purchaser shall acquire the share or shares subject to all encumbrances, and shall not acquire any rights which were not possessed by the previous owner or owners.

section 53. of the bengal land revenue sales act : excepting sharers in estates under butwarrah who may have saved their shares from sale under sections xxxiii and xxxiv regulation xix. , and sharers with whom the collector, under sections x and xl of this act, has opened separate accounts, any recorded or unrecorded proprietor or copartner, who may purchase the estate of which he is proprietor or copartner or who by repurchase or otherwise may recover possession of the said estate, after it has been sold for arrears under this act and likewise any purchaser of an estate sold for arrears or demands other than those accruing upon itself shall by such purchase acquire the estate subject to all its encumbrances existing at the time of sale and shall not acquire any rights in respect to undertenants or ryots, with were not possessed by the previous proprietor at the time of the sale of the said estate.

section 60. and ix. of the bengal land revenue sales act : the provisions of regulation vii, and regulation ix. shall be in force in every estate in any part of which a measurement, survey, or local enquiry may be made under this act and in every estate purchased or taken on account of government under this act.

section 62. of the bengal land revenue sales act : the operation of this act shall be confined to such parts of the lower provinces in the presidency of fort william in bengal as are or shall be subject to the general regulations of that presidency.

section 56. of the bengal land revenue sales act : any collector or other officer as aforesaid conducting a sale under this act shall be competent to punish any contempt committed in his presence in open cutcherry or office for the time being, by fine, to an extent not exceeding two hundred rupees, commutable, if not paid, to imprisonment in the civil jail for a period not exceeding one month and the magistrate to whom such an offender may be sent by a collector or other officer as aforesaid, shall carry his sentence into effect. provided that an appeal from any order passed under this section shall lie to the revenue commissioner, whose decision shall be final.

section 57. of the bengal land revenue sales act : a default to make good a bid by making the deposit required by section xxii of this act, shall be held to be a contempt.

section 59. of the bengal land revenue sales act : the collector on the part of the government shall be entitled to demand from applicants under sections x and xi, sections xv and xvi, and sections xl, xliii, and xliv of this act, fees not exceeding the rates specified in schedule b to this act annexed, which schedule shall be taken as part of this act and applications under the said sections shall not be received unless the said fees are tendered therewith.

section 61. of the bengal land revenue sales act : in the construction of this act the word collector shall include a deputy collector or other officer exercising by the authority of government the powers of a collector or deputy collector.

section 8. of the bombay revenue jurisdiction act : officers to answer in suits against them for acts done by order of superior authority.rep. by bombay revenue jurisdiction act, 15 of , s. 2.

section 7. of the bombay revenue jurisdiction act : nothing in any law for the time being in force which authorizes the punishment departmentally of any revenue officer for any offence or breach of duty, or which sanctions his prosecution criminally for such offence or breach, shall be held to bar any remedy which may be had in the civil court against such officer.

section 2. of the bombay revenue jurisdiction act : repeal of enactments. rep. by repealing and amending act, 12 of .

section 1. of the bombay revenue jurisdiction act : this act may be called the bombay revenue jurisdiction act, . commencement.so much of section four as relates to claims to set aside, on the ground of irregularity, mistake or any other ground except fraud, sales for arrears of landrevenue, shall come into force on such day as the governor general in council directs in that behalf by notification in the gazette of india. the rest of this act shall come into force on the passing thereof: extent.and it shall extend to all 1the 2state of maharashtra, but not so as to affect a any suit regarding the assessment of revenue on land situate in 3the city of bombay, or the collection of such revenue b any of the provisions of bombay acts 5 of and 6 of , or of 4act 21 of or of act 23 of 5 1. subs. by the adaptation of law , for all the territories under the government of the governor of bombay in council. 2. subs. by the adaptation of law , for state of bombay. 3. subs. by, s. 9 of the greater bombay laws and the bombay high court declaration of limits act, bom. 17 of , schedule e. read with bom. 52 of , s. 2 proviso, for the collectorate of bombay. 4. rep. by act 12 of , the second schedule part 1. 5. rep. by act 16 of , the first schedule w.e.f. .

section 3. of the bombay revenue jurisdiction act : in this act, unless there be something repugnant in the subject or context, land includes the sites of villages, towns and cities: it also includes trees, growing crops and grass, fruit upon, and juice in, trees, rightsofway, ferries, fisheries, and all other benefits to arise out of land, and things attached to the earth, or permanently fastened to things attached to the earth: landrevenue means all sums and payments, in money or in kind, received or claimable by or on behalf 1of the 2government from any person on account of any land held 3by 4 state government under the provisions of any law for the time being in force:: revenue officer means any officer employed in or about the business of the landrevenue, or of the surveys, assessment, accounts or records connected therewith. 1. subs. by the adaptation of indian laws order in council, for of the crown. 2. subs. by the adaptation of laws order, , for crown. 3. subs. by the adaptation of indian laws order in council, for by the provincial government. 4. subs. by the adaptation of laws order, , for provincial.

section 9. of the bombay revenue jurisdiction act : appeals from proceedings of revenue officers.rep. by, s. 2, ibid.

section 5. of the bombay revenue jurisdiction act : nothing in section four shall be held to prevent the civil courts from entertaining the following suits: a suits 1against the 2government to contest the amount claimed, or paid under protest, or recovered, as landrevenue on the ground that such amount is in excess of the amount authorized in that behalf 3by the 4state government, or that such amount had previous to such claim, payment, or recovery been satisfied, in whole or in part, or that the plaintiff, or the person whom he represents, is not the person liable for such amount b suits between private parties for the purpose of establishing any private right, although it may be affected by any entry in. any record of a revenue survey or settlement or in any village papers c suits between superior holders or occupants and inferior holders or tenants regarding the dues claimed or recovered from the latter and nothing in section four, clause g shall be held to prevent the civil courts from entertaining suits, other than suits 1against the 2government, for possession of any land being a whole survey number or a recognized share of a survey number. 5and nothing in section four shall be held to prevent the civil courts in the districts mentioned in the second schedule hereto annexed from exercising such jurisdiction as, according to the terms of any law in force on the twentyeighth day of march , they could have exercised over claims 1against the 2government a relating to any property appertaining to the office of any hereditary officer appointed or recognized under bombay act no. 3 of , or any other law for the time being in force, or of any other villageofficer or servant b to hold land wholly or partially free from payment of landrevenue c to receive payments charged on, or payable out of, the landrevenue. 1. subs. by the adaptation of indian laws order in council, for against the crown. 2. subs. by the adaptation of laws order , for crown. 3. subs. by the adaptation of indian laws order in council, for by the provincial government. 4.subs. by the adaptation of laws order, , for provincial. 5. added by act 16 of , s. 1 w.e.f. .

section 6. of the bombay revenue jurisdiction act : revenue officers shall not be liable to be sued for damages in any civil court for any act bona fide done, or ordered to be done, by them as such in pursuance of the provisions of any law for the time being in force. if any revenue officer absconds or does not attend when called on by his official superior, and if the collector of the district proceeds against him or his sureties for public money, papers or property according to the provisions of any law for the time being in force, such collector shall not be liable to pay damages or costs in any suit brought against him by such officer or sureties, although it appears that a part only, or no part whatever, of the sum demanded was due from the officer so absconding or failing to attend, or that he was not in possession of the papers or property demanded of him.

section 4. of the bombay revenue jurisdiction act : subject to the exceptions hereinafter appearing, no civil court shall exercise jurisdiction as to any of the following matters: a 1claims against the 2government relating to any property appertaining to the office of any hereditary officer appointed or recognized under bombay act no. 3 of , or any other law for the time being in force, or of any other villageofficer or servant, or claims to perform the duties of any such officer or servant, or in respect of any injury caused by exclusion from such office or service, or suits to set aside or avoid any order under the same act or any other law relating to the same subject for the time being in force passed 3by the 4state government or any officer duly authorized in that behalf, or claims against government relating to lands held under treaty, or to lands granted or held as saranjam, or on other political tenure, or to lands declared by government or any officer duly authorized in that behalf to be held for service b objections to the amount or incidence of any assessment of landrevenue authorized 3by the 4state government, or to the mode of assessment, or to the principle on which such assessment is fixed, or to the validity or effect of the notification of survey or settlement, or of any notification determining the period of settlement c claims connected with or arising out of any proceedings for the realization of landrevenue or the rendering of assistance 3by the 4state government or any officer duly authorized in that behalf to superior holders or occupants for the recovery of their dues from inferior holders or tenants claims to set aside on account of irregularity, mistake, or any other ground except fraud, sales for arrears of landrevenue d claims against 2government 1 to be entered in the revenue survey or settlement records or village papers as liable for the landrevenue, or as superior holder, inferior holder, occupant or tenant, or 2 to have any entry made in any record of a revenue survey or settlement, or 3 to have any such entry either omitted or amended e the distribution of land or allotment of laudrevenue on partition of any estate under bombay act 4 of , or any other law for the time being in force f 1claims against 2government to hold land wholly or partially free from payment of landrevenue, or to receive payments charged on or payable out of the landrevenue, or to set aside any cess or rate authorized 3by the 4state government under the provisions of any law for the time being in force, or respecting, the occupation of waste or vacant land belonging 5to the 2government g claims regarding boundaries fixed under bombay act no. 1 of , or any other law for the time being in force, or to set aside any order passed by a competent officer under any such law with regard to boundarymarks: proviso.provided that if any person claim to hold land wholly or partially exempt from payment of landrevenue under h any enactment for the time being in force expressly creating an exemption not before existing in favour of an individual or of any class of persons, or expressly confirming such an exemption on the ground of its being shown in a public record, or of its having existed for a specified term of years, or i an instrument or sanad given by or by order of the 3 4state government under bombay act no. 2 of , section one, clause first, or bombay act no. 7 of , section two, clause first, or j any other written grant by the british government expressly creating or confirming such exemption, or k a judgment by a court of law, or an adjudication duly passed by a competent officer under bombay regulation 17 of , chapter x, or under act no. 11 of , which declares the particular property in dispute to be exempt such claim shall be cognizable in the civil courts. illustrations to h. 1 it is enacted that, in the event of the proprietary right in lands, the property of government, being transferred to individuals, they shall be permitted to hold the lands for ever at the assessment at which they are transferred. the proprietary right in certain lands is transferred to a at an assessment of rs. 100. an exemption from higher assessment not before existing is expressly created in favour of a by enactment, and he may seek relief in the civil court against overassessment. 2 it is enacted that when a specific limit to assessment has been established and preserved, the assessment shall not exceed such specific limit. a is the owner of land worth rs. 100 for assessment. he claims to be assessed at rs. 50 only on the strength of a course of dealing with him and his predecessors under which his land has not been more highly assessed. there is no exemption not before existing created by enactment, and as claim is not cognizable in a civil court. 3 it is enacted that landrevenue shall not be leviable from any land held and entered in the landregisters as exempt. a claims to hold certain land as exempt on the ground that it has been so held by him, and is so entered in the landregister. this is an exemption expressly confirmed by enactment on the ground of its being shown in a public record, and as claim is cognizable in a civil court. 4 it is enacted that the collector shall confirm existing exemptions of all lands shown in certain maps to be exempt. a claims exemption alleging that his land is shown in the maps to be exempt. as claim is cognizable in a civil court. 5 it is enacted that assessment shall be fixed with reference to certain considerations, and not with reference to others. this is not an enactment creating an exemption in favour of any individual or class, and no objection to an assessment under such an enactment is cognizable in a civil court. 1. subs. by the adaptation of indian laws order in council, for claims against the crown. 2. subs. by the adaptation of laws order, , for crown. 3. subs. by the adaptation of indian laws order in council, for by the provincial government. 4. subs. by the adaptation of laws order, , for provincial. 5. subs. by the adaptation of indian laws order in council for to the crown. 6. subs. by the adaptation of indian laws order in council, for provincial government. 7. subs. by the adaptation of laws order, , for provincial

section 10. of the bombay revenue jurisdiction act : power to local government to call for record.rep. by, s. 2, ibid.

section 17. of the bombay revenue jurisdiction act : revival of bombay regulation 17 of , section 13.rep. by bombay revenue jurisdiction act, 15 of but the repeal does not operate in any scheduled district unless and until the bombay landrevenue code bom. v of has been extended to such district. operation of same regulation in sites of villages and towns. rep. by bombay revenue jurisdiction act, 15 of , s. 2. recovery of certain advances made by local government.rep. by ibid.

section 11. of the bombay revenue jurisdiction act : no civil court shall entertain any suit 1against the 2government on account of any act or omission of any revenueofficer unless the plaintiff first proves that, previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force, as within the period of limitation allowed for bringing such suit, it was possible to present.t. 1. subs. by the adaptation of indian laws order in council for against the crown. 2. subs. by the adaptation of laws order, , for crown.

section 12. of the bombay revenue jurisdiction act : 12. power of 1state government to refer questions for the decision of the high court. if in the trial or investigation of any suit, claim or objection, which, but for the passing of this act, might have been tried or investigated by a civil court, there arises any question on which 2 the 3 1state government desires to have the decision of the high court, 2 the 3 1state government 4 may cause a statement of the question to be prepared, and may refer such question for the decision of the high court 5. the said high court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the courthouse. the parties to the case may appear and he heard in the high court in person or by their advocates or pleaders. the high court, when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the court, to the government by which the reference was made, and subject to any appeal which may be presented to 6the supreme court, the case shall be disposed of conformably to such decision.. if the high court considers that any such statement is imperfectly framed, the high court may return it for amendment. the costs if any consequent on any such reference shall be dealt with as the high court in each case directs 1. subs. by the adaptation of laws order, , for provincial. 2. the words the governor general in council or omitted by the adaptation of indian laws order in council. 3. subs. by ibid., for provincial government. 4. the words as the case may be were omitted by the adaptation of indian laws order in council. 5. the words the governor general in council or omitted by the adaptation of indian laws order in council. 6. subs. by the adaptation of laws order, , for her majesty in council.

section 13. of the bombay revenue jurisdiction act : if in any suit instituted, or in any appeal presented, in a civil court, the judge doubts whether he is precluded by this act from taking cognizance of the suit or appeal, he may refer the matter to the high court. the high court may order the judge making the reference either to proceed with the case or to return the plaint. the order of 1the supreme court on any such reference shall be subject to appeal to her majesty in council, and save as aforesaid, shall be final. 1. subs. by the adaptation of laws order, , for her majesty in council.

section 16. of the bombay revenue jurisdiction act : privileges of 1government 2 in suits in which it is concerned.whenever any suit is brought in any district court 3against the 1government 2 or against any revenue officer, 4and the 1government 2 undertakes the defence thereof, it shall be lawful 5for the 6state government, by certificate signed by a secretary thereto, to require a that such suit shall be tried by the district judge himself, and shall not be transferred for trial to an assistant judge and b that the trial of any such suit shall have precedence over the trial of any other suit or other civil proceeding then pending in such court and the court shall give effect to every such requirement. the privilege conferred 7on government by the clause b of this section shall, mutatis mutandis, apply to any appeal or special appeal against any decree in any such suit as is described in this section. 1. subs. by ibid., for crown. 2. the words or the federal railway authority were omitted by the indian independence adaptation of central acts and ordinances order, . 3. subs. by the adaptation of indian laws order in council, for against the crown or he federal railway authority. 4. subs. by ibid., for and the crown or the federal railway authority undertakes. 5. subs. by ibid, for for the provincial government. 6. subs. by the adaptation of laws order, , for provincial. 7. subs. by ibid., for on the provincial government.

section 14. of the bombay revenue jurisdiction act : every reference under section twelve or section thirteen shall be heard by a bench consisting of such number of judges not less than three, as the chief justice from time to time directs.

section 15.. of the bombay revenue jurisdiction act : amendment of section 32 of bombay civil courts act.rep. by the repealing and amending act, , s. 2 and the schedule w.e.f. .

section 8. of the land acquisition mines act : if the working of any mines is prevented or restricted under section 5, the respective owners, lessees and occupiers of the mines, if their mines extend so as to lie on both sides of the mines the working of which is prevented or restricted, may cut and make such and so many airways, headways, gateways or waterlevels through the mines, measures or strata, the working whereof is prevented or restricted, as may be requisite to enable them to ventilate, drain and work their said mines but no such airway, headway, gateway or waterlevel shall be of greater dimensions or section than may be prescribed by the appropriate government in this behalf, and, where no dimensions are so prescribed, not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the surface or works, or so as to injure the same, or to interfere with the use thereof.

section 1. of the land acquisition mines act : this act may be called the land acquisition mines act, and 12 it extends to the whole of india except the territories which, immediately before the 1st november, , were comprised in part b states. 3 it applies in the first instance to the territories which, immediately before the 1st november, , were comprised in the states of madras, andhra, west bengal, bihar, assam and orissa but any state government may, from time to time, by notification in the official gazette, bring this act into force in the whole or any specified part of the territories to which this act extends, under its administration. 1. subs. by the adaptation of laws no.2 order, , for subsections 2 and 3.

section 9. of the land acquisition mines act : the appropriate government shall, from time to time, pay to the owner, lessee or occupier of any such mines extending so as to lie on both sides of the mines, the working of which is prevented or restricted, all such additional expenses and losses as may be incurred by him by reason of the severance of the lands lying over those mines or of the continuous working of those mines being interrupted as aforesaid, or by reason of the same being worked in such manner and under such restrictions as not to prejudice or injure the surface or works, and for any minerals not acquired by the appropriate government which cannot be obtained by reason of the action taken under the foregoing sections and if any dispute or question arises between the appropriate government and the owner, lessee or occupier as aforesaid, touching the amount of those losses or expenses, the same shall be settled as nearly as may be in the manner provided for the settlement of questions touching the amount of compensation payable under the land acquisition act, 10 of . 1. see now the land acquisition act, 1 of .

section 10. of the land acquisition mines act : if any loss or damage is sustained by the owner or occupier of the lands lying over any such mines, the working whereof has been so prevented or restricted as aforesaid and not being the owner, lessee or occupier of those mines, by reason of the making of any such airway or other works as aforesaid, which or any like work it would not have been necesssary to make but for the working of the mines having been so prevented or restricted as aforesaid, the appropriate government shall pay full compensation to that owner or occupier of the surface lands for the loss or damage so sustained by him.

section 7. of the land acquisition mines act : 1 if before the expiration. of the said sixty days the appropriate government does not publish a declaration as provided in section 5, the owner, lessee or occupier of the mines may, unless and until such a declaration is subsequently made, work the mines or any part thereof in a manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such mines in the local area where the same are situate. 2 if any damage or obstruction is caused to the surface of the land or any works thereon by improper working of the mines, the owner, lessee or occupier of the mines shall at once, at his own expense, repair the damage or remove the obstruction, as the case may require. 3 if the repair or removal is not at once effected, or, if the appropriate government so thinks fit, without waiting for the same to be effected by the owner, lessee or occupier, the appropriate government may execute the same and recover from the owner, lessee or occupier the expense occasioned thereby.

section 4. of the land acquisition mines act : if the person for the time being immediately entitled to work or get any mines or minerals lying under any land so acquired is desirous of working or getting the same, he shall give the appropriate government notice in writing of his intention so to do sixty days before the commencement of working.

section 5. of the land acquisition mines act : 1 at any time or times after the receipt of a notice under the last foregoing section, and whether before or after the expiration of the said period of sixty days, the appropriate government may cause the mines or minerals to be inspected by a person appointed by it for the purpose and 2 if it appears to the appropriate government that the working or getting of the mines or minerals, or any part thereof, is likely to cause damage to the surface of the land or any works thereon, the appropriate government may publish 1 a declaration of its willingness, either a to pay compensation for the mines or minerals still unworked or ungotten, or that part thereof, to all persons having an interest in the same or b to pay compensation to all such persons in consideration of those mines or minerals, or that part thereof, being worked or gotten in such manner and subject to such restrictions as the appropriate government may in its declaration specify. 3 if the declaration mentioned in case a is made, then those mines or minerals, or that part thereof, shall not thereafter be worked or gotten by any person. 4 if the declaration mentioned in case b is made, then those mines or minerals, or that part thereof, shall not thereafter be worked or gotten by any person save in the manner and subject to the restrictions specified by the appropriate government. 25 every declaration made under this section shall be published in such manner as the appropriate government may direct. 1. the words in such manner as the governorgeneral in council may, from time to time, direct omitted by act 38 of , s. 2 and the first schedule. 2. added by s. 2 and the first schedule, ibid.

section 6. of the land acquisition mines act : when the working or getting of any mines or minerals has been prevented or restricted under section 5, the persons interested in those mines or minerals and the amounts of compensation payable to them, respectively shall, subject to all necessary modifications, be ascertained in the manner provided by the land acquisition act, 10 of , for ascertaining the persons interested in the land to be acquired under that act, and the amounts of compensation payable to them, respectively. 1. see now the land acquisition act, 1 of .

section 3. of the land acquisition mines act : 1 when the appropriate government makes a declaration under section 6 of the land acquisition act, 10 of that land is needed for a public purpose or for a company, it may, if it thinks fit, insert in the declaration a statement that the mines of coal, ironstone, slate or other minerals lying under the land or any particular portion of the land, except only such parts of the mines or minerals as it may be necessary to dig or carry away or use in the construction of the work for the purpose of which the land is being acquired, are not needed. 2 when a statement as aforesaid has not been inserted in the declaration made in respect of any land under section 6 of the land acquisition act, 10 of , and the collector is of opinion that the provisions of this act ought to be applied to the land, he may abstain from tendering compensation under section 11 of the said land acquisition act in respect of the mines, and may a when he makes an award under section 142 of that act, insert such a statement in this award b when he makes a reference to the court under section 153 of that act, insert such a statement in his reference or c when he takes possession of the land under section 174 of that act, publish such a statement in such manner as the appropriate government may, from time to time, prescribe. 3 if any such statement is inserted in the declaration, award or reference, or published as aforesaid, the mines of coal, ironstone, slate or other minerals under the land or portion of the land specified in the statement, except as aforesaid, shall not vest in the government when the land so vests under the said act. 1. see now s. 6 of the land acquisition act, 1 of . 2. see now s. 11, ibid. 3. see now s. 19, ibid. 4. see now s. 17, ibid.

section 2. of the land acquisition mines act : except as expressly provided by this act, nothing in this act shall affect the right of the government to any mines or minerals.

section 12. of the land acquisition mines act : if any owner, lessee or occupier of any such mines or works refuses to allow any officer appointed by the appropriate government for that purpose to enter into and inspect any such mines or works in manner aforesaid, he shall be punished with fine which may extend to two hundred rupees.

section 11. of the land acquisition mines act : for better ascertaining whether any mines lying under land acquired in accordance with he provisions of this act arc being worked, or have been worked, or are likely to be worked so as to damage the land or the works thereon, an officer appointed for this purpose by the appropriate government may, after giving twentyfour hours notice in writing, enter into and ret urn from any such mines or the works connected therewith and for that purpose the officer so appointed may make use of any apparatus or machinery belonging to the owner, lessee or occupier of the mines, and use all necessary means for discovering the distance from any part of the land acquired to the parts of the mines which have been, arc being, or are about to be worked.

section 17. of the land acquisition mines act : this act shall, for the purposes of all enactments for the time being in force, be read with and taken as part of the land acquisition act, 10 of . 1. see now the land acquisition act, 1 of .

section 13. of the land acquisition mines act : if it appears that any such mines have been worked contrary to the provisions of this act, the appropriate government may, if it thinks fit, give notice to the owner, lessee of occupier thereof to construct such works and to adopt such means as may be necessary or proper for making safe the land acquired, and the works thereon, and preventing injury thereto and if, after such notice, any such owner, lessee or occupier does not forthwith proceed to construct the works necessary for making safe the land acquired and the works thereon, the appropriate government may itself construct the works and recover the expense thereof from the owner, lessee or occupier.

section 16. of the land acquisition mines act : in this act a local authority means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of any municipal or local fund and b company means a company registered under any of the enactments relating to companies from time to time in force in 1india, or formed in pursuance of an act of parliament 2of the united kingdom or by royal charter or letters patent 2c appropriate government means in relation to acquisition of land for the purposes of the union, the central government, and, in relation to acquisition of land for any other purposes, the state government. 1. subs. by the adaptation of laws no. 2 order, , for part a states and part c states. 2. ins. by the a. o. .

section 15.. of the land acquisition mines act : pending cases. rep. by the repealing and amending act, 20 of , s. 3 and the second schedule.

section 14. of the land acquisition mines act : when a statement under section 3 has been made regarding any land, and the land has been acquired by the government, and has been transferred to or has vested by operation of law in a local authority or company, then sections 4 to 13, both inclusive, shall be read as if for the words the appropriate government, wherever they occur in those sections, 1except in section 5, subsection 5 and section 8, the words the local authority or company, as the case may be, which has acquired the land, were substituted. 1. ins. by act 38 of , s. 2 and the first schedule.

section 2. of the arya marriage validation act : notwithstanding any provision of hindu law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this act between two persons being at the time of the marriage arya samajists shall be invalid or shall be deemed over to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different subcastes of hindus or that either or both of the parties at any time before the marriage belonged to a religion other than hinduism.

section 1. of the arya marriage validation act : 1 this act may be called the arya marriage validation act, . 12 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states and applies also to citizens of india wherever they may be. 1. subs. by the a.o. , for subsection 2. 2. subs. by the adaptation of laws no. 3 order, , for part b states.

section 8. of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent, shall have power, with the written, approval of the corporation, a and to purchase land with a house thereon, and to pull the house down, and erect another, or to enlarge, alter or add to house thereon.to purchase land in any part of the island of bombay for the purpose of erecting there on a mansion house and all necessary or suitable accessory buildings, and to erect thereon such mansion house and accessory buildings b to purchase land in any part of the island of bombay with a dwelling house standing thereon, and either to pull down the said dwelling house and any other building which may be upon the land, and to erect upon the said land, in lieu thereof, a mansion house, with all necessary or suitable accessory buildings, or to enlarge alter, or add to the building or buildings which may be upon the land, when purchased, so as to convert the same into a mansion house, with all necessary or suitable accessory buildings.

section 1. of the sir jamsetjee jejeebhoy baronetcy act : 1 this act may be called the sir jamsetjee jejeebhoy baronetcy act, , and 2 commencement.it shall come into force at once.

section 2. of the sir jamsetjee jejeebhoy baronetcy act : the said act no. 20 of is hereby repealed, and the said promissory notes of the government of india, of the nominal value of rupees twentytwo lakhs, fiftyfour thousand and four hundred, shall henceforth cease to be vested in the corporation created and constituted by the said act no. xx of , and the mansion house and other hereditaments, called mazagon castle, situate in the island of bombay, with their rights, members and appurtenances, of which the said first baronet was seized to him and his heirs, shall, by force of this act, from and immediately after the passing of this act, either as to the whole or, as the case may be, as to such parts thereof as shall not have been sold, transferred, and conveyed under the powers conferred by section 10, stand limited, until such time as the same shall have been sold, transferred, and conveyed under the powers conferred by the said section 10, to the uses following that is to say: to the use of the present, that is to say, the fifth baronet, for and during the term of his natural life, and from and immediately after his decease, to the use of the heirs male of the body of sir jamsetjee jejeebhoy, first baronet, who may succeed to the title of baronet conferred by the said letters patent as aforesaid, but as to each one of the said heirs male to the use of such heir male during the term of his natural life only, and, upon failure and default of heirs male of the body of the said sir jamsetjee jejeebhoy, first baronet, to whom the said tile and dignity of baronet may descend as aforesaid to the use of the heirs, and assigns for ever of the said sir jamsetjee jejeebhoy, the second baronet, which ultimate remainder or reversion it shall be lawful for the heirs and assigns of the said second baronet, at any time or times during the continuance of the said title and dignity of baronet and until there shall be such a failure of heirs male of the body of the said first baronet as aforesaid, to grant, convey, devise, and dispose of by deed or will, or by any other assurance or assurances by which such an estate in remainder or reversion is capable by law of being conveyed or disposed of.

section 6. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall have power to invest the funds, which are subject to the trusts of the settlement effected by this act, on the following securities and on no others: a in promissory notes, debentures, stock or other securities of the government of india, or of the united kingdom of great britain and ireland b in bonds, debentures or annuities charged by the imperial parliament, or by an act of legislative council of the governor general of india, on the revenues of india c in stock or debentures of or shares in railway or other companies, the interest whereon shall have been guaranteed by the secretary of state for india in council d in debentures or other securities for moneys issued by, or on, behalf of, any municipal body under the authority of any act of a legislature established in british india, or debentures issued by the trustees for the improvement of the city of bombay under the city of bombay improvement, act, bombay act 4 of , or debentures issued by the trustees of the port of bombay under the bombay port trust act, bombay act 6 of , or debentures issued by the trustees of the port of karachi under the local authorities loans act, act 9 of , or other law for the time being in force, or debentures issued by the commissioners for the port of rangoon under the local authorities loans act, act 9 of , or the rangoon port act, baronet act 4 of . e on any other security expressly authorised by any rule which the high court of judicature at bombay may, from time to time, prescribe as an investment for trust property consisting of money.

section 7. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall not vary any investment of the funds, subject to the settlement effected by this act, without the consent in writing of the person for the time being entitled to the income of the said funds.

section 9. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall have power to sell a sufficient portion of the securities upon which the funds, which are subject to the settlement effected by this act, shall for the time being be invested to produce the sum which shall be required for the purpose of paying for any land which may be purchesed by the person for the time being entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent under the powers conferred by section 8, and for erecting thereon a mansion house, with the necessary or suitable accessory buildings, or for paying for the purchase of any land with a house or other building stading thereon which may be purchased under the powers conferred as aforesaid, and for pulling down the said buildings, and erecting a mansion house, with the necessary or suitable accessory buildings, in liue thereof or for altering and adding to such buildings for the purpose of converting the same into a mansion house, with the necessary or sutable accessary buildings, as the case may be: proviso that total sum raised shall not exceed rs. 2,25,000.provided that the total sum raised by the corporation under the power conferred upon them by this section for the sale of the said securities abovementioned shall not exceed two lakhs and twenty five thousand rupees.

section 5. of the sir jamsetjee jejeebhoy baronetcy act : immediately from and after the passing of this act, the said promissory notes of the government of india, of the nominal value of rupees twentytwo lakhs, fiftyfour thousand and four hundred, shall vest in the corporation who shall hold the same upon the trusts, and for the purposes, and with the powers, hereinafter expressed of and concerning the same, that is to say: a on trust to reinvest if paid off.upon trust, if the same or any part thereof should be discharged by the government of india, to invest the sum or sums paid by the government of india, in discharge of the same or any part thereof, in or upon any stocks, funds, or securities in which they are by the provisions of this act hereinafter authorised to invest the same, and in like manner, as often as the same shall become necessary, to alter, vary and change such stocks, funds, and securities for others of the same or a like nature b and to pay income to present baronet for his life. and upon further trust, from time to time, to pay and apply the dividends, interest, and annual income of the said stocks, funds, and securities unto and for the benefit of the present baronet, that is to say, sir jamsetjee jejeebhoy, fifth baronet, during his natural life c and after death of present baronet to pay income to baronet for time being.and upon further trust, from and immediately after the decease of the said sir jamsetjee jajeebhoy fifth baronet, to pay and apply the said dividends, interest, and annual income unto and for the benefit of the person who, as heir male of the body of the said sir jamsetjee jejeebhoy, first baronet, shall, for the time being, have succeeded to, and be in the enjoyment of, the title of baronet conferred by the said letters patent as aforesaid, notwithstanding any rule of law or equity to the contrary d with ultimate trust for second baronet his executors, administrators and assigute.and upon further trust, upon failure and in default of heirs male of the body of the said sir jamsetjee jejeebhoy, first baronet, to whom the said title and dignity of baronet may descend, to hold the corpus and also the income of the said government promissory notes, stocks, funds, and securities for the heirs and assigns forever of sir jamsetjee jejeebhoy, the second baronet, which ultimate remainder or reversion it shall be lawful for the heirs and assigns of sir jamsetjee jejeebhoy, the second baronet, at any time or times during the continuance of the said title and dignity of baronet, and until there shall be a failure of heirs male of the body of the said first baronet as aforesaid, to assign, transfer, bequeath and dispose of by deed or will or other assurance or assurances.

section 4. of the sir jamsetjee jejeebhoy baronetcy act : the present sir jamsetjee jejeebhoy, fifth baronet, shall continue to be called by the name of jamsetjee jejeebhoy, and all other the heirs male of the body of sir jamsetjee jejeebhoy, first baronet, to whom the said title and dignity shall descend, pursuant to the limitation of the letters patent whereby the said dignity was granted, shall take upon themselves respectively the name of jamsetjee jejeebhoy, in lieu and in the place of any other name or names whatsoever and the present baronet, and all such other heirs male of the said sir jamsetjee jejeebhoy, first baronet, severally and successively shall be called by the name of jamsetjee jejeebhoy, and by that name shall name, style, and write themselves, respectively, upon all occasions whatsoever.

section 3. of the sir jamsetjee jejeebhoy baronetcy act : the commissioner for the time being for the northern division of the presidency of bombay, the accountantgeneral for the time being of bombay, and the collector for the time being of bombay, and the holders for the time being of those offices respectively, and likewise the holder or holders for the time being of any one or more office or offices which may hereafter be substituted by the governor in council of bombay for any one or more of the first mentioned offices, shall be, and they are hereby, created a corporation with perpetual succession and a common seal under the style and title of sir jamsetjee jejeebhoy baronets trustees, and the said corporation so hereby created hereinafter styled the corporation are hereby constituted, as such corporation, the trustees for executing the powers and purposes of this act.

section 10. of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent, shall have power, with the written consent and approval of the corporation, to sell, transfer, and convey freed and discharged from all uses and trusts created by this act, the said mansion house and other hereditaments, called mazagon castle, situate in the island of bombay, with their rights, members and appurtenances, and either in one parcel or in several parcels, and either at one time or from time to time, upon condition that the proceeds of sale thereof shall be paid by the purchaser thereof direct to the corporation.

section 11. 2,75,000 in paying for land purchased and for erecting mansion house th ere on, etc. of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitle to, and in the enjoyment of, the title of baronet, conferred by the said letters patent may, from time to time, request the corporation, in writing, to pay, out of the proceeds of sale of the said mansion house and other hereditaments, called mazagon castle, if and when sold, the purchase money of any land which may be purchased by the person for the time being entitled to, and in the enjoyment of, the said title of baronet, under the powers conferred by section 8 and all costs, charges, and expenses of, and incidental to the purchase and acquisition of the same, and of the conveyance, and assurance of the same to the corporation, and also to pay all costs and expenses of, and incidental to the erection thereon of, a mansion house, with the necessary or suitable accessory buildings, and to pay the purchase money of any land, with a house, or other building, standing thereon, which may be purchased by the person for the time being entitled to, and in the enjoyment of, the said title of baronet, under the powers conferred by this act, and all costs, charges and expenses of, and incidental to, the purchase and acquisition of the same, and of the conveyance, and assurance of the same to the corporation, and also to pay all costs, and expenses of, and incidental to the pulling down of the said buildings, or any of them and of erecting a mansion house, with the necessary of suitable accessory buildings, in lieu thereof, or of altering, and adding to, such buildings, for the purpose of converting the some into a mansion house, with the necessary or suitable accessory buildings, as the case may be, and the corporation shall, upon such request being made as aforesaid, make such payments out of the proceeds of sale of the said mansion house and other hereditaments called mazagon castle: provided that the total sum expended by the corporation, under the powers conferred by this section, out of the proceeds of sale of the said mansion house and other hereditaments, called mazagon castle, shall not exceed the sum of two lakhs and seventyfive thousand rupees.

section 17. of the sir jamsetjee jejeebhoy baronetcy act : it shall be lawful for sir jamsetjee jejeebhoy, fifth baronet, and for any person upon whom the said title of baronet shall, from time to time, descend when in the actual enjoyment of the said title, and who shall not refuse, neglect, or discontinue to use, for the respective periods hereinbefore in that behalf mentioned, the said names of jamsetjee jejeebhoy as hereinbefore enacted, either before or after his marriage with any woman or women by any deed or deeds, writing or writings, with or without power of revocation, to be by him sealed and delivered in the presence of two or more credible witnesses but subject and without prejudice to any annuity or annuities, if any, which shall be then subsisting and payable by virtue of any appointment made under and in pursuance of this present power, to limit and appoint unto any woman or women whom he shall marry, for her or their life or lives, and for her or their jointure, or jointures, in bar of dower or other legal or customary rights, any annuity or yearly sum not exceeding the sum of rupees ten thousand, clear of all taxes, charges and deductions whatsoever, to commence and take effect immediately after the decease of the person limiting or appointing the same, and to be issuing and payable out of the dividends, interest, and annual income, of the said stocks, funds, and securities and to be paid and payable by equal halfyearly payments on the thirtieth day of june and the thirtyfirst day of december the first of the said halfyearly payment to be made on the halfyearly day which shall first happen after the decease of the person who shall have appointed such annuity or yearly sum, provided always, that in case any person on whom such title shall descend, shall have refused or neglected to use the names of jamsetjee jejeebhoy, or shall discontinue to use such names for six calendar months consecutively during his natural life, every such limitation and appointment, either previously or afterwards made by him, shall be and become inoperative and invalid and no such annuity thereby created or appointed shall take effect or be payable or chargeable on the said stocks, funds, and securities, notwithstanding any such limitation or appointment.

section 12., in support of baronetcy. of the sir jamsetjee jejeebhoy baronetcy act : all lands and buildings which may be purchased by the person for the time being entitled to, and in the enjoyment of, the title of baronet under the said letters patent under the powers conferred by section 8, with their rights, members, and appurtenances shall be conveyed to the corporation, and the corporation shall hold the same, and also all buildings which may be erected thereon under the powers conferred by section 8, upon trust for sir, jamsetjee jejeebhoy, fifth baronet, for and during the term of his natural life, and from and immediately after his decease, upon trust for the heirs male of the body of sir jamsetjee jejeebhoy, first baronet, who may succeed to the title of baronet conferred by the said letters patent, but as to each one of the said heirs male upon trust for such heir male during the term of his natural life only, and, upon failure and default of heirs male of the body of the said sir jamstjee jejeebhoy, first baronet, to whom the said title and dignity of baronet, may descend as aforesaid, upon trust for the heirs and assigns of sir jamsejee jejeebhoy, the second baronet, which ultimate remainder or reversion it shall be lawful for the heirs and assigns of the said second baronet at any time or times during the continuance of the said title and dignity of baronet, and until there shall be such failure of heirs male of the body of the said first baronet to grant, convey, devise and dispose of by deed or will, or by any other assurance or assurances by which such an estate in remainder or reversion is capable by law of being conveyed or disposed of.

section 13.saving of rights of persons interested in reversion or remainder in mazagon castle on sale thereof of the sir jamsetjee jejeebhoy baronetcy act : any person or persons who shall have lawfully derived from the said sir jamsetjee jejeebhoy, second baronet, any interest in remainder or reversion in the said mansion house and other hereditaments, called mazagon castle, contingent upon such failure and default of heirs male of the body of sir jamsetjee jejeebhoy, first baronet, shall, upon such failure and default of heirs male of the body of sir jamsetjee jejeebhoy, first baronet, in the event of the said mansion house and other hereditaments, called mazagon castle, having been sold in pursuance of the power in that behalf conferred by section 10 be deemed to have a corresponding interest in the funds for the time being subject to the trusts of the settlement effected by this act to the extent of the amount of the proceeds of sale of the said mansion house and other hereditaments, called mazagon castle, paid to the said corporation in pursuance of section 10.

section 18. of the sir jamsetjee jejeebhoy baronetcy act : provided always, that the said dividends, interest and annual income of the said stocks, funds, and securities shall not, at one and the same time, be subject to the payment of more than the yearly sum of rupees twenty thousand for, or in respect of, and jointure or jointures which shall be made in pursuance of the power hereinbefore contained, so that, if by virtue of or under the same power, the said dividends, interest and annual income would, in case this present provision had not been inserted, be charged at any one time with a greater yearly sum for jointures in the whole than the yearly sum of rupees twenty thousand, the yearly sum which shall occasion such excess, or such part thereof as shall occasion the same, shall, during the time of such excess, abate and not be payable.

section 14. 2,75,000. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall hold so much, if any of the proceeds of sale of the said mansion house and other hereditaments, called mazagon castle, if and when sold, as shall exceed the sum of two lakhs and seventyfive thousand rupees, upon trust, to invest the same upon one or more of the investments authorised by section 6, and shall hold the said investments, upon the same trusts, and for the same ends, intents and purposes, and with the same powers, as are, by this act, declared of and concerning the funds which are subject to the settlement effected by this act.

section 15. of the sir jamsetjee jejeebhoy baronetcy act : the corporation during the minority of any person for the time being entitled to, and in the enjoyment of, the title of baronet under the limitations of the said letters patent, shall pay and apply for and towards the maintenance, education, and benefit of such baronet, in each and every year during his minority so much only of the annual interest, dividends and income of the said trust funds and premises as the corporation shall, in their discretion, think proper and shall, from time to time, invest the residue of the said annual dividends, interest, and income of the said trust funds and premises in and upon some one or more of the investments authorised by this act for the investment of the said trust funds and shall, upon such baronet attaining his majority, pay over, transfer, and assign to him, or as he shall direct and for his own absolute benefit, the said investments and all accumulations thereof.

section 21. of the sir jamsetjee jejeebhoy baronetcy act : if at any time or times hereafter the said sir power to jamsetjee jejeebhoy, fifth baronet, or any other person or persons shall be desirous of augmenting the funds and securities for the time being subject to the trusts of this act, and for that purpose and with that intent shall at his or her oven expense transfer and deliver to the corporation any stocks, funds, or securities of the kinds specified in section 6, then and as often as the same shall happen the corporation may, with the previous consent of the governor of bombay in council, accept such stocks, funds and securities, and the same shall thenceforth be held by the corporation upon the same trusts as those which are declared by this act of and concerning the trust funds which are the subject of the settlement effected by this act, or upon such of them as shall be then subsisting and capable of taking effect: provided that the total amount of the corpus of the trust funds which shall be subject to the trusts of the settlement effected by this act shall at no time exceed fifty lakhs of rupees.

section 16. of the sir jamsetjee jejeebhoy baronetcy act : provided always that in case any person who, for the time being, shall be the heir male of the body of the said first baronet to whom the said title of baronet shall have descended, shall for the space of one whole year after he shall, by virtue of this act, become entitled to the dividends, interest, and income of the said stocks, funds, and securities or to the possession or receipts of the rents and profits of the said hereditaments or, being then under age, shall for the space of one whole year after he shall attain the age of twentyone years, refuse or neglect to use the names of jamsetjee jejeebhoy as hereinbefore enacted or in case any such person having so used those name, shall, for the space of six calendar months consecutively during his natural life, discontinue so to use such names, then, in any or either of the said cases, the estate or interest of the person who shall so refuse or neglect to use, or, having used, shall so discontinue to use, the said names of jamsetjee jejeebhoy shall, during the remainder of his respective natural life, be suspended and that during any and every such suspension, the dividends, interest, and income of the said stocks, funds and securities, and the possession and actual occupation, and also the rents and profits of the said hereditaments, shall devolve and belong to the person who as heir male of the body of the first baronet, would have succeeded to, and been in the enjoyment of, the title of baronet conferred by the said letters patent, in case the persons so refusing or neglecting to use, or discontinuing to use, the said names of jamsetjee jejeebhoy had departed this life but if there should be no such heir male, then to the person or persons who would be entitled to the same in case there had then been a total failure of issue male of the first baronet entitled to the said dignity of baronet.

section 24. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall have power at any time, with the consent of the person entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent, and of the governor of bombay in council to be notified by a resolution of the government of bombay to sell or exchange for other lands or hereditaments in the island of bombay any lands or hereditaments which are subject to the trusts of the settlement effected by this act or any part thereof, and upon any such exchange, to give or receive any money for equality of exchange: provided that the corporation shall not sell the mansion house, if any, or the buildings accessory thereto, which may be purchased, or erected under the powers conferred by this act, without having first consulted all persons who may be interested in the said mansion house, either by way of reversion, or otherwise, and who may have attained their respective ages of majority: provided further that the foregoing proviso shall apply to the said mansion house, and the buildings accessory thereto only, and shall not apply to any lands, hereditaments, or premises, other than the land upon which the said mansion house and the buildings accessory thereto, may stand, or be erected, which may be purchased under the powers conferred by this act.

section 19. of the sir jamsetjee jejeebhoy baronetcy act : the said mansion house and hereditaments called mazagon castle, with their rights, members and appurtenances, and any lands, houses, buildings and tenements which may be purchased or erected under the powers conferred by section 8, with their rights, members, and appurtenances, shall not be subject to dower of any dowager lady jejeebhoy, or of the present or any future wife of sir jamsetjee jejeebhoy, fifth baronet, or of any wife of any of the persons who may successively be entitled to the baronetcy under the aforesaid limitations, or to any other right, interest, or estate whatsoever which any dowager lady jejeebhoy or any such wife or wives as aforesaid may or might have or claim to have in the said mansion house, lands, buildings and hereditaments, under any custom or law of the parsees, or otherwise howsoever.

section 27. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall hold all stocks, funds, and securities which may be purchased by them in pursuance of the directions contained in section 26 upon the same trusts, and to the same ends, intents, and purposes, and with the same powers as are by this act declared of and concerning the trust funds of the settlement effected by this act, and shall hold all lands and hereditaments may be purchased by them in pursuance of the directions contained in section 26 upon the same trusts and to the same ends, intents, and purposes, and with the same powers and are declared by this act of and concerning all lands and hereditaments which may be purchased under the powers conferred by section 8.

section 20. of the sir jamsetjee jejeebhoy baronetcy act : so long as the said title and dignity of baronet shall endure, and until there shall be a failure of the heirs male of the body of the first baronet to whom the said title and dignity of baronet might descend, pursuant to the limitations of the said letters patent, neither sir jamsetjee jejeebhoy, fifth baronet, nor any of the heirs male of the body of sir jamsetjee jejeebhoy, first baronet, in whose favour trusts are hereinbefore declared of the dividends, and annual income of the said stocks, funds, and securities, or to whom the said mansion house and hereditaments called mazagon castle and any lands, buildings or other hereditaments, which may be purchased or erected under the powers conferred by section 8 shall stand limited under this act, shall transfer, dispose of, alien, convey, charge, or encumber the said stocks, funds and securities, or any part thereof, or the dividends, interest, and annual income thereof, or of any part thereof, or the said mansion house or hereditaments, or any lands, buildings or other hereditaments, which may be purchased or erected under the power conferred by section 8 or any part thereof, for any greater or larger estate, interest or time, than during his natural life, and for such portion thereof only as he shall continue to use the names of jamsetjee jejeebhoy, nor shall have any power to discontinue or bar the estate of any person or persons for whose benefit trusts are declared by this act of the dividends, interest, and annual income of the said stocks, funds, and securities or to or upon whom the said mansion house and hereditaments, and any lands, buildings and other hereditaments, which may be purchased or erected under the powers conferred by section 8, and the rents and profits thereof are, by this act, limited to come or devolve in any manner whatsoever, either by default or otherwise, or to prevent any such person or persons from succeeding to, holding, or enjoying, receiving or taking, the same premises, according to the true intent of the provisions hereinbefore contained nor shall the same premises, or any of them, be held, by any court of law or equity, to have vested in any such person as aforesaid for any greater estate or interest than during his life, and only during such portion thereof as he shall continue to use the names of jamsetjee jejeebhoy, and every attempt to make any conveyance, assignment, or assurance contrary to the intention of this act shall be, and is hereby declared and enacted to be, void.

section 22. of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitled to, and in the enjoyment of, the title of baronet shall at his own expense, insure the said mansion house and other hereditaments, called mazagon castle, and all buildings and offices accessory thereto, until such time as the same may be sold and the proceeds of sale thereof paid to the corporation, in the name to the corporation against loss or damage by fire, in such sum as the corporation may deem adequate, and shall also, at his own expense, insure all houses and other buildings, which may be purchased or erected under the powers conferred by section 8, from the time when the same shall be conveyed to and become vested in the corporation, against loss or damage by fire, in such sum as the corporation may deem adequate, and in case any such person shall at any time neglect or refuse to insure the same in such amount or amounts, it shall be lawful for the corporation to insure the same and to apply any portion of the income of the funds for the time being subject to the trusts of the settlement effected by this act to that purpose, and in case the hereditaments and premises so insured or any part thereof shall be destroyed or damaged by fire, the moneys received in respect of such insurance shall either be laid out under the directions of the corporation in rebuilding or reinstalling the hereditaments and premises so destroyed or damaged by fire, or, upon the application of the person for the time being entitled to, and in the enjoyment of, the said dignity of baronet, and with the consent of the governor of bombay in council to be notified by a resolution of the government of bombay, may be laid out in the purchase of other hereditaments in the island of bombay suitable for the support of the dignity of the said baronetcy and, in such last mentioned case, the hereditaments so purchased shall be conveyed to and vested in the corporation, and the corporation shall hold the same upon the same trusts and for the same ends, intents, and purposes, and with the same powers, as are declared and conferred by this act of and concerning the hereditaments and premises which shall have been so destroyed or damaged by fire as aforesaid, or such of them as shall then be subsisting and capable of taking effect and until such insurance moneys shall have been so laid out as aforesaid, the corporation may invest the same or any part thereof in any of the securities specified in section 6.

section 29. of the sir jamsetjee jejeebhoy baronetcy act : the trustees for the time being action in the execution of the trusts and powers hereby created and reposed in them respectively, and their successors, respectively, shall be changed and chargeable for such moneys only as he and they respectively shall actually receive by virtue of the trusts, powers and provisions of this act, notwithstanding his, their, or any of their giving or signing, or joining in giving or singing any receipt or receipts, for the sake of conformity and he and they respectively shall not be answerable or accountable for any banker or broker, agent, or other person with whom or in whose hands any part of the said trust moneys shall or may be deposited or lodged for safe custody, or otherwise in the execution of any of the trusts, powers and provisions hereinbefore created or contained and the trustees for the time being acting in the execution of the trusts and powers hereby created, and reposed in them respectively, and their successors respectively, shall not be answerable or accountable for the insufficiency or deficiency of any security or securities, stocks or funds, in or upon which the said trust moneys or any part thereof shall be placed out or invested, nor for any other misfortune, loss or damage which may happen in the execution of the aforesaid trusts, powers and provisions or in relation thereto and it shall be lawful for him and them respectively with or out of the money which shall come to his or their respective hands by virtue of the trusts and provisions of this act, to retain and reimburse to himself and themselves respectively all costs, damages and expenses which he and they respectively shall or may sustain, expend, or disburse in or about the execution of the aforesaid powers, trusts, and provisions or in relation thereto.

section 25. of the sir jamsetjee jejeebhoy baronetcy act : any sale which may be effected under the powers conferred by section 24 may be made either by public auction or private contract, and the corporation may make any stipulations as to title, or evidence, or commencement of title, or otherwise, in any conditions of sale or contract for sale or exchange, of the said hereditaments or any part thereof, and may buy in, or rescind, or vary any contract for sale or exchange, and resell, or reexchange, without being responsible for any loss occasioned thereby.

section 23. of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent shall, at his own expense, keep in good repair, orders, and condition, the said mansion house and other hereditaments called mazagon castle and all offices and out buildings accessory thereto, and likewise all houses and other buildings which may be purchased or erected under the powers conferred by section 8, and all alterations and additions thereto, and all offices, outhouses and other buildings accessory thereto, and, in case any person shall at any time neglect or refuse to keep the same or any part thereof in such good order and condition, it shall be lawful for the corporation to cause the same to be kept in good order and condition, and to defray the expenses incidental thereto, out of the income of the funds for the time being subject to the trusts of the settlement effected by this act.

section 30. of the sir jamsetjee jejeebhoy baronetcy act : saving always 1 the government, and to all and every other person and persons, bodies politic and corporate, and his, her and their respective heirs, successors executors, and administrators and every of them other than and except the devisees, heirs and assigns of the said sir jamsetjee jejeebhoy, first baronet, all such estate, right, title, interest, claim, and demand whatsoever of, in, to, out of, or upon the said mansion house and hereditaments, called mazagon castle, and any lands, buildings or other hereditaments, which may be purchased or erected, under the powers conferred by section 8 or any parts thereof, as they, every, or any of them had before the passing of this act and would, could, or might have had, held, or enjoyed in case this act had not been passed. 1 subs. by the a.o. , for the kings most excellent majesty, his heirs and successors.

section 26. of the sir jamsetjee jejeebhoy baronetcy act : the corporation shall, with all convenient speed, invest all moneys which may be received by them upon any sale or exchange which shall be effected by them under the powers conferred by section 24, either in the purchase of any one or more of the securities specified in section 6, or in the purchase of other lands and hereditaments in the island of bombay, suitable for the support of the dignity of the said title provided that every such purchase of lands or hereditaments be made with the consent in writing of the person for the time being entitled to, and in the enjoyment of, and said title conferred by the said letters patent.

section 28.power to baronet for the time being to enter into arrangement with government as to land revenue payable in respect of land purchased under section 8 of the sir jamsetjee jejeebhoy baronetcy act : the person for the time being entitled to, and in the enjoyment of, the title of baronet conferred by the said letters patent as aforesaid, shall have power with a view to the more advantageous sale of the land occupied by the said mansion house and other hereditaments, called mazagon castle, in other hereditaments, called mazagon castle, in pursuance of the powers in that behalf conferred by section 10, and, notwithstanding anything in this act contained to the contrary, to enter into an arrangement with the government of bombay whereby, in consideration of the waiver in perpetuity by the government of bombay of their right to enhance the amount of the assessment to land revenue for the time being payable in respect of the land occupied by the said mansion house and other hereditaments, called mazagon castle, either the amount of the assessment to landrevenue payable in respect of any land which may be purchased in pursuance of the power in that behalf conferred by section 8, may be enhanced, or an assessment to landrevenue of any land so purchased, which at the time of the purchase thereof shall not be liable to the payment of landrevenue, may be imposed thereon.

section 8. of the mangrol and manavadar administration of property act : 1 where the central government is of opinion that any person is in possession of any property which belongs to the state of mangrol or the state of manavadar, it may, by notice in writing, require such person to furnish such information as it may consider necessary for the purpose of determining whether the property is property belonging to the state of mangrol or the state of manavadar, as the case may be. 2 if any person to whom a notice is sent under subsection 1fails to comply therewith he shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.

The Mangrol and Manavadar (Administration of Property) Act, 1949

section 1. of the mangrol and manavadar administration of property act : this act may be called the mangrol and manavadar administration of property act, .

section 2. of the mangrol and manavadar administration of property act : in this act, manager means the manager for the time being of the state of mangrol or the state of manavadar, as the case may be, appointed by, or on behalf of, the central government.

section 7. of the mangrol and manavadar administration of property act : any transfer or other disposition of any property described in the schedule made on or after the 1st day of november, , by any person other than the manager or without his consent shall be, and shall always be deemed to have been, void and of no effect.

section 5. of the mangrol and manavadar administration of property act : any payment made to the manager in the discharge of any of the obligations in relation to any of the properties described in the schedule shall be a full discharge to the person or authority making the payment from all liability in respect of such payment.

section 9. of the mangrol and manavadar administration of property act : 1 no court shall have jurisdiction to entertain any civil or criminal proceeding in relation to any of the properties described in the schedule or to enforce any liability in respect thereof save at the instance of the manager. 2 nothing in this section shall be deemed to prohibit the submission to the central government by any person other than the manager of any claim in relation to any such property and the decision of the central government on such claim shall be final and shall not be called in question in any court.

section 3. of the mangrol and manavadar administration of property act : notwithstanding anything contained in any other law for the time being in force or in any instrument or other document whatsoever, the properties described in the schedule, which stand in the name of the sheikh of mangrol or in the name of the khan of manavadar, whether in his personal capacity or as the legal representative of any deceased person or in any other capacity, or the begum sahiban fatma, or of any karbhari or other officer of mangrol or manavadar in his official capacity, or in the names of more than one of them, shall be deemed to have vested and always to have been vested on and from the 1st day of november, , as follows, namely: a if the properties are included in part i of the schedule, then in the manager of the state of mangrol, and b if the properties are included in part ii of the schedule, then in the manager of the state of manavadar.

section 10. power of the central government to add to the schedule. of the mangrol and manavadar administration of property act : 1 the central government may, from time to time, by notification in the official gazette, amend or alter the schedule. 2 in particular, and without prejudice to the generality of the foregoing power, the central government may, by notification as aforesaid, add to the items of property included in parts i and ii of the schedule any other item which in its opinion represents property belonging to the state of mangrol or the state of manavadar, as the case may be, and on the issue of such notification any property specified in the notification shall be deemed to be and always to have been included in part i or part ii of the schedule, as the case may be.

section 4. of the mangrol and manavadar administration of property act : the manager shall have and exercise, in relation to properties vested in him under section 3, all the rights, powers and authority which a full owner has or exercises in relation to his own property: provided that where any of the said properties was, immediately before the 1st day of november, , subject to any trust lawfully created, the manager shall, in the exercise of his powers in relation to such property be bound by the terms of that trust.

section 12. of the mangrol and manavadar administration of property act : 1 the mangrol and manavadar administration of property ordinance, ord. 22 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this act, as if this act had come into force on the 16th day of august, .

section 6. of the mangrol and manavadar administration of property act : 1 where for any reason any of the government securities described in the schedule is not in the custody of the manager in whom it has vested under the provisions of this act, the manager may make an application to the reserve bank of india for the issue of a duplicate security in lieu thereof. 2 when an application under subsection 1 has been made, then, notwithstanding anything contained in any other law for the time being in force, the reserve bank of india shall issue a duplicate security to the manager as if the original security had been lost. 3 any duplicate security issued under the provisions of this section shall have the same effect as if it had been issued under section 11 of the public debt central government act, 18 of .

section 11. of the mangrol and manavadar administration of property act : no suit, prosecution or other legal proceeding shall lie against the central government, the reserve bank of india, any bank or company mentioned in the schedule, or the manager or any other person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act.

section 8. of the atomic energy act : 1 any person authorised by the central government may, on producing, if so required, a duly authenticated document showing his authority, enter any mine, premises or land a where he has reason to believe that work is being carried out for the purpose of or in connection with production and processing of any prescribed substances or substances from which a prescribed substance can be obtained or production, development or use of atomic energy or research into matters connected therewith, or b where any such plant as is mentioned in clause b of section 7 is situate, and may inspect the mine, premises or land and any articles contained therein. 2 the person carrying out the inspection may make copies of or extracts from any drawing, plan or other document found in the mine, premises or land and for the purpose of making such copies or extracts, may remove any such drawing, plan or other document after giving a duly signed receipt for the same and retain possession thereof for a period not exceeding seven days.

section 1. of the atomic energy act : 1 this act may be called the atomic energy act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 21st september, , vide notification no. g.s.r. , dated 18th september, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 7. of the atomic energy act : the central government may, by notice in writing served on any person, require him to make such periodical and other returns, or statements at such times and containing such particulars and accompanied by such plans, drawings, and other documents as may be specified in the notice relating to a any prescribed substance, specified in the notice, in his possession or under his control or present in or on any land or mine owned or occupied by him which in the opinion of the central government is or can be a source of any of the prescribed substances, including returns in respect of any such land or mine b any plant in his possession or under his control designed for mining or processing of minerals so specified, or adapted for the production or use of atomic energy or research into matters connected therewith c any contract entered into by him or any licence granted by or to him relating to prospecting or mining of minerals so specified or the production or use of atomic energy or research into matters connected therewith d any other information in his possession relating to any work carried out by him or on his behalf or under his directions, in connection with prospecting or mining of materials so specified or the production or use of atomic energy or research into matters connected therewith.

section 3. of the atomic energy act : subject to the provisions of this act, the central government shall have power a to produce, develop, use and dispose of atomic energy 1either by itself or through any authority or corporation established by it or a government company and carry out research into any matters connected therewith 2b to manufacture or otherwise produce any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for or in connection with, the production, development or use of atomic energy or such research as aforesaid and to dispose of such prescribed or radioactive substance or any articles manufactured or otherwise produced bb i to buy or otherwise acquire, store and transport any prescribed or radioactive substance and any articles which in its opinion are, or are likely to be, required for, or in connection with, the production, development or use of atomic energy and ii to dispose of such prescribed or radioactive substance or any articles bought or otherwise acquired by it, either by itself or through any authority or corporation established by it, or a government company c to declare as restricted information any information not so far published or otherwise made public relating to i the location, quality and quantity of prescribed substances and transactions for their acquisition, whether by purchase or otherwise, or disposal, whether by sale or otherwise ii the processing or prescribed substances and the extraction or production of fissile materials from them iii the theory, design, construction and operation of plants for the treatment and production of any of the prescribed substances and for the separation or isotopes iv the theory, design, construction and operation of nuclear reactors v research and technological work on materials and processes involved in or derived from items i to iv d to declare as prohibited area any area or premises where work including research, design or development is carried on in respect of the production, treatment, use, application or disposal of atomic energy or of any prescribed substances e to provide for control over radioactive substances or radiation generating plant in order to i prevent radiation hazards ii secure public safety and safety or persons handling radioactive substances or radiation generating plant and iii ensure safe disposal of radioactive wastes f to provide for the production and supply of electricity from atomic energy and for taking measures conducive to such production and supply and for all matters incidental thereto 1either by itself or through any authority or corporation established by it or a government company and g to do all such things including the erection of buildings and execution of works and the working of minerals as the central government considers necessary or expedient for the exercise of the foregoing powers. 1. ins. by act 29 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for clause b w.e.f. .

section 2. of the atomic energy act : 1 in this act, unless the context otherwise requires, a atomic energy means energy released from atomic nuclei as a result of any process, including the fission and fusion processes b fissile material means uranium 233, uranium 235, plutonium or any material containing these substances or any other material that may be declared as such by notification by the central government 1bb government company means a company in which i not less than fiftyone per cent. of the paidup share capital is held by the central government or ii the whole of the paidup share capital is held by one or more of the companies specified in subclause i and which, by its articles of association, empowers the central government to constitute and reconstitute its board of directors c minerals include all substances obtained or obtainable from the soil including alluvium or rocks by underground or surface working d notification means notification published in the official gazette e plant includes machinery, equipment or appliance, whether affixed to land or not f prescribed equipment means any property which the central government may, by notification, prescribe, being a property which in its opinion is specially designed or adapted or which is used or intended to be used for the production or utilisation of any prescribed substance, or for the production or utilisation of atomic energy, radioactive substances, or radiation, but does not include mining, milling, laboratory and other equipment not so specially designed or adapted and not incorporated in equipment used or intended to be used for any of the purposes aforesaid g prescribed substance means any substance including any mineral which the central government may, by notification, prescribe, being a substance which in its opinion is or may be used for the production or use of atomic energy or research into matters connected therewith and includes uranium, plutonium, thorium, beryllium, deuterium or any of their respective derivatives or compounds or any other materials containing any of the aforesaid substances h radiation means gamma rays, xrays, and rays consisting of alpha particles, beta particles, neutrons, protons and other nuclear and subatomic particles but not sound or radio waves, or visible, infrared or ultraviolet light i radioactive substance or radioactive material means any substance or material which spontaneously emits radiation in excess of the levels prescribed by notification by the central government. 2 any reference in this act to the working of minerals shall be construed as including a reference to the mining, getting, carrying away, transporting, sorting, extracting or otherwise treating of minerals. 3 any reference in this act to the production or use of atomic energy shall be construed as including a reference to the carrying out of any process, preparatory or ancillary to such production or use. 1.subs. by act 5 of , s. 2, for clause bb w.e.f. .

section 6. of the atomic energy act : 1 no minerals, concentrates and other materials which contain uranium in its natural state in excess of such proportion as may be prescribed by notification by the central government shall be disposed of except with the previous permission in writing of the central government and in accordance with such terms and conditions as it may impose. 2 the central government may serve notice on any person who has produced any mineral, concentrate or other material referred to in subsection 1 that the central government 1proposes to compulsorily acquire it and upon the service of the notice, the mineral, concentrate or other material shall become the property of the central government and shall be delivered to the central government or as it may direct: 2 33 compensation in respect of acquisition under subsection 2 shall be paid in accordance with section 21 and in determining such compensation regard shall be had to the cost of production of such mineral, concentrate or other material and such other factors as may be relevant but no account shall be taken of the value of uranium in its natural state contained therein. 1. subs. by act 59 of , s. 2, for certain words w.e.f. , 2. the proviso omitted by act 59 of , s. 2 w.e.f. . 3. ins. by s. 2, ibid. w.e.f. .

section 9. of the atomic energy act : 1 the central government may, subject to the provisions of this section, do on, over or below the surface of any land such work as it considers necessary for the purpose of discovering whether there is present in or on the land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, any substance from which in its opinion any of the prescribed substances can be obtained, and the extent to which such substance is so present. 2 before any powers are exercised under subsection 1 in relation to any land, the central government shall serve on every owner, lessee and occupier of the land a notice in writing specifying the nature of the work proposed to be done and the extent of the land affected, and the time, not being less than twentyeight days, within which and the manner in which objections can be made thereto, and no such powers shall be exercised otherwise than in pursuance of the notice or before the expiration of the time specified therein for making objections. 3 the central government may, after giving the person making the objection an opportunity of appearing before and being heard by a person appointed by the central government for the purpose, and after considering any such objection and the report of the person so appointed, make such orders as it may deem proper but not so as to increase the extent of the land affected. 4 compensation shall be determined and paid in accordance with section 21 in respect of any diminution in the value of any land or property situate thereon resulting from the exercise of powers under this section.

section 4. of the atomic energy act : 1 every person who, whether before or after the commencement of this act, has discovered or discovers that uranium or thorium occurs at any place in india shall, within three months after the date of commencement of this act or after the discovery, whichever is later, report the discovery in writing to the central government or to any person or authority authorised by the central government in this behalf. 2 every person who has reason to believe that uranium or thorium occurs at any place in india shall, without delay, send intimation of such belief and the reasons therefor to the central government or to any such person or authority as aforesaid.

section 12. of the atomic energy act : where the central government acquires, in accordance with any law, any mine or part of a mine from which in the opinion of the central government any of the prescribed substances can be obtained, compensation in respect of such acquisition shall be paid in accordance with section 21: provided that in determining the amount of such compensation, no account shall be taken of the value of uranium which may be obtained from such mine or part of a mine

section 5. of the atomic energy act : 1 if the central government is satisfied that any person is mining or is about to mine any substance from which, in the opinion of the central government, uranium can be or may reasonably be expected to be, isolated or extracted, or is engaged or is about to be engaged in treating or concentrating by any physical, chemical or metallurgical process any substance from which, in the opinion of the central government, uranium can be or may reasonably be expected to be, isolated or extracted, the central government may be notice in writing given to that person either a require him in conducting the mining operations or in treating or concentrating the substance aforesaid to comply with such terms and conditions and adopt such processes as the central government may in the notice, or from time to time thereafter, think fit to specify, or b totally prohibit him from conducting the mining operations or treating or concentrating the substance aforesaid. 2 where any terms and conditions are imposed on any person conducting any mining operations or treating or concentrating any substance under clause a of subsection 1, the central government may, having regard to the nature of the terms and conditions, decide as to whether or not to pay any compensation to that person and the decision of the central government shall be final: provided that where the central government decides not to pay any compensation, it shall record in writing a brief statement giving the reasons for such decision. 3 where the central government decides to pay any compensation under subsection 2, the amount thereof shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance referred to in subsection 1. 4 where any mining operation or any process of treatment or concentration of any substance is prohibited under clause b of subsection 1, the central government shall pay compensation to the person conducting the mining operations or using the process of treatment or concentration and the amount of such compensation shall be determined in accordance with section 21 but in calculating the compensation payable, no account shall be taken of the value of any uranium contained in the substance.

section 10. of the atomic energy act : 1 where it appears to the central government that any minerals from which in its opinion any of the prescribed substances can be obtained are present in or on any land, either in a natural state or in a deposit of waste material obtained from any underground or surface working, it may by order provide for compulsorily vesting in the central government the exclusive right, so long as the order remains in force to work those minerals and any other minerals which it appears to the central government to be necessary to work with those minerals, and may also provide, by that order or a subsequent order, for compulsorily vesting in the central government any other ancillary rights which appear to the central government to be necessary for the purpose of working the minerals aforesaid including without prejudice to the generality of the foregoing provisions a rights to withdraw support b rights necessary for the purpose of access to or conveyance of the minerals aforesaid or the ventilation or drainage of the working c rights to use and occupy the surface of any land for the purpose of erecting any necessary buildings and installing any necessary plant in connection with the working of the minerals aforesaid d rights to use and occupy for the purpose of working the minerals aforesaid any land forming part of or used in connection with an existing mine or quarry, and to use or acquire any plant used in connection with any such mine or quarry and e rights to obtain a supply or water for any of the purposes connected with the working of the minerals aforesaid, or to dispose of water or other liquid matter obtained in consequence of working such minerals. 2 notice of any order proposed to be made under this section shall be served by the central government a on all persons who, but for the order, would be entitled to work the minerals affected and b on every owner, lessee and occupier except tenants for a month or for less than a month of any land in respect of which rights are proposed to be acquired under the order. 3 compensation in respect of any right acquired under this section shall be paid in accordance with section 21, but in calculating the compensation payable, no account shall be taken of the value of any minerals present in or on land affected by the order, being minerals specified in the order as those from which in the opinion of the central government uranium or any concentrate or derivative of uranium can be obtained

section 15. of the atomic energy act : 1 the central government shall have the right to require that any substance which, in the opinion of the central government, contains uranium, plutonium or any of their isotopes, shall be delivered to it and the central government may extract from that substance the uranium, plutonium or any of their isotopes contained therein and return the substance to the person concerned on payment of compensation which shall be determined in accordance with section 21: provided that such compensation shall not, in any case, exceed the cost incurred by the person in the production, mining or irradiation of the substance and in determining the same no account shall be taken on the value of the uranium, plutonium or any of their isotopes extracted from the substance. 2 nothing in this section shall prevent the central government from permitting, subject to such conditions as it may deem fit to impose, the use of small quantities of natural uranium for the purpose of examination, test or analysis.

section 11. of the atomic energy act : 1 save as otherwise provided in any other provision of this act, the central government may compulsorily acquire in accordance with the provisions of this section a any prescribed substance b any minerals from which in the opinion of the central government any of the prescribed substances can be obtained c any prescribed equipment d any plant which is designed or adapted for the mining or processing of any minerals referred to in clause b or substances obtained therefrom or for the production or use of any prescribed substance or a radioactive substance or for the production, use or disposal of such articles as are or are likely to be required for or in connection with the production, use or disposal of atomic energy or for research into matters connected therewith. 2 where the central government acquires any plant referred to in clause d of subsection 1, it shall also have the right to acquire any buildings, railway sidings, tramway lines, or aerial ropeways serving such plant. 3 where the central government proposes to acquire any property under subsection 1, it shall serve upon the person appearing to be the owner thereof, a notice in writing specifying the property to be acquired and requiring that person to make to the central government within the time specified in the notice a written declaration containing such particulars as may be so specified regarding the ownership of such property and any agreement or charge by virtue of which any other person has an interest in such property. 4 upon the service of a notice under subsection 3, no property to which the notice relates shall be disposed of without the previous permission in writing of the central government. 5 if it appears to the central government in consequence of any written declaration made to it in pursuance of subsection 3 that any person other than the person on whom the notice under subsection 3 was served is the owner of, or has any interest in, the property to which the notice relates, the central government shall serve a copy of the notice on that other person. 6 a notice served under subsection 3 shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the central government shall afford an opportunity to the person making the objection of appearing before and being heard by a person appointed by the central government for the purpose. 7 after considering any such objection, and the report of the person appointed by it under subsection 6, the central government may serve on the persons upon whom the notice under subsection 3 or a copy thereof was served a further notice in writing either withdrawing the notice of acquisition or confirming the said notice as respects the property to which it relates or such part of the property as may be specified. 8 any property with respect to which a notice of acquisition is served under this section shall a if no objection is duly made to the notice, vest in the central government at the expiration of the time for making such objection b if such an objection is duly made and the notice is confirmed as respect the whole or any part of that property by a notice served under subsection 7, vest accordingly in the central government on the service of the last mentioned notice and shall in either case vest free from all encumbrances. 9 compensation in respect of acquisition under this section shall be paid in accordance with section 21.

section 11a. of the atomic energy act : 111a. removal of doubts. for the removal of doubts, it is hereby declared that the compulsory acquisition of any mineral, concentrate or other material under subsection 2 of section 6, or of any substance, minerals, equipment or plant under subsection 1 of section 11, shall not be deemed to be a sale for any purpose whatsoever. 1. ins. by act 59 of , s. 3 w.e.f. .

section 17. of the atomic energy act : 1 the central government may, as regards any class or description of premises or places, being premises, or places, in which radioactive substances are manufactured, produced, mined, treated, stored or used or any radiation generating plant, equipment or appliance is used, make such provision by rules as appear to the central government to be necessary a to prevent injury being caused to the health of persons employed at such premises or places or other persons either by radiations, or by the ingestion of any radioactive substance b to secure that any radioactive waste products resulting from such manufacture, production, mining, treatment, storage, or use as aforesaid are disposed of safely c to prescribe qualifications of the persons for employment at such premises or places and the regulation of their hours of employment, minimum leave and periodical medical examination and the rules may, in particular and without prejudice to the generality of this subsection, provide for imposing requirements as to the erection or structural alterations of buildings or the carrying out of works. 2 the central government may, as respects the transport of any radioactive substance or any prescribed substance specified by an order issued under this act as being dangerous to health, make such rules as appear to be necessary to prevent injury being caused by such transport to the health of persons engaged therein and other persons. 3 rules made under this section may provide for imposing requirements, prohibitions and restrictions on employers, employed persons and other persons. 4 any person authorised by the central government under this section, may, on producing, if so required, a duly authenticated document showing his authority, enter at all reasonable hours any premises, or any vehicle, vessel or aircraft for the purpose of ascertaining whether there has been committed, or is being committed, in or in connection with the premises, vehicle, vessel or aircraft, any contravention of the rules made under this section. 5 in the event of any contravention of the rules made under this section, the central government shall have the right to take such measures as it may deem necessary to prevent further injury to persons or damage to property arising from radiation or contamination by radioactive substances including, without prejudice to the generality of the foregoing provisions, and to the right to take further action for the enforcement of penalties under section 24, the sealing or premises, vehicle, vessel, or aircraft, and the seizure of radioactive substances and contaminated equipment.

section 13. of the atomic energy act : 1 the central government may serve on the parties to a contract relating to prospecting or mining of any substance from which any of the prescribed substances can be obtained or to production or use of atomic energy or to research into matters connected therewith, not being a contract for the rendering of personal services, a notice in writing stating that on such date as may be specified in the notice the rights and liabilities of any of the parties to the contract specified in the notice hereinafter referred to as the specified party will be transferred to the central government, and thereupon subject to any withdrawal of the notice under the following provisions of this section, the contract shall, as regards any rights exercisable, or liabilities incurred, on or after the said date, have effects as if the central government were a party to the contract instead of the specified party and as if for any reference in the contract to the specified party there were substituted a reference to the central government. 2 a notice served under subsection 1 shall contain a statement to the effect that an objection may be made thereto within such time and in such manner as may be specified, and if any such objection is duly made and not withdrawn, the central government shall afford an opportunity to the person making the objection of appearing before and being heard by person appointed by the central government for the purpose. 3 after considering any such objection and the report of the person appointed by it under subsection 2, the central government may make such order as it may deem proper. 4 where the rights and liabilities of a party to a contract are transferred to the central government under this section, there shall be paid to that party such compensation in respect of any loss suffered by that party as may be agreed between him and the central government, and in default of such agreement, as may be determined by arbitration.

section 20. of the atomic energy act : 1 as from the commencement of this act, no patents shall be granted for inventions which in the opinion of the central government are useful for or relate to the production, control, use or disposal of atomic energy or the prospecting, mining, extraction, production, physical and chemical treatment, fabrication, enrichment, canning or use of any prescribed substance or radioactive substance or the ensuring of safety in atomic energy operations. 2 the prohibition under subsection 1 shall also apply to any invention of the nature specified in that subsection in respect of which an application for the grant of a patent has been made to the controller of patents and designs appointed under the indian patents and designs act, 2 of , before the commencement of this act and is pending with him at such commencement. 3 the central government shall have the power to inspect at any time any pending patent application and specification before its acceptance and if it considers that the invention relates to atomic energy, to issue directions to the controller of patents and designs to refuse the application on that ground. 4 any person, who has made an invention which he has reason to believe relates to atomic energy, shall communicate to the central government the nature and description of the invention. 5 any person desiring to apply for a patent abroad for an invention relating to or which he has reason to believe relates to atomic energy shall obtain prior permission from the central government before making the application abroad or communicating the invention to any person abroad, unless three months have elapsed since his request for permission was made to the central government and no reply was received by him. 6 the controller of patents and designs shall have the power to refer any application to the central government for direction as to whether the invention is one relating to atomic energy and the direction given by the central government shall be final. 7 any invention in the field of atomic energy conceived whether in establishments controlled by the central government or under any contract, subcontract, arrangement or other relationship with the central government shall be deemed to have been made or conceived by the central government, irrespective of whether such contract, subcontract, arrangement or other relationship involves financial participation of or assistance from the central government. 8 notwithstanding anything contained in the indian patents and designs act, 2 of , the decision of the central government on points connected with or arising out of this section shall be final.

section 14. of the atomic energy act : 1 the central government may, subject to such rules as may be made in this behalf, by order prohibit except under a licence granted by it i the working of any mine or minerals specified in the order, being a mine or minerals from which in the opinion of the central government any of the prescribed substances can be obtained ii the acquisition, production, possession, use, disposal, export or import a of any of the prescribed substances or b of any minerals or other substances specified in the rules, from which in the opinion of the central government any of the prescribed substances can be obtained or c of any plant designed or adopted or manufactured for the production, development and use of atomic energy or for research into matters connected therewith or d of any prescribed equipment. 1 1a no licence under subclause c of clause ii of subsection 1 shall be granted to a person other than a department of the central government or any authority or an institution or a corporation established by the central government, or a government company. 1b any licence granted to a government company under subsection 1 shall stand cancelled in case the licensee ceases to be a government company and, notwithstanding anything contained in any other law for the time being in force, all assets thereof shall vest in the central government free from any liability and the central government shall take such measures for safe operation of the plant and disposal of nuclear material so vested in it, as may be necessary in accordance with the provisions of section 3. 2 nothing in this section shall affect the authority of the central government to refuse a licence for the purpose of this section or to include in a licence such conditions as the central government thinks fit or to revoke a licence and the central government may take any action as aforesaid. 3 without prejudice to the generality of the foregoing provisions, the rules referred to in this section may provide for a the extent to which information in the possession of, or which has been made available to, the person granted a licence for purposes of this section, should be regarded as restricted information b the extent to which the area or premises under the control of the person to whom a licence has been granted for purposes of this section, should be regarded as a prohibited area c the conditions and criteria for location of any installation or operation of any plant in respect of which a licence has been granted or is intended to be granted for the purposes of this section including those necessary for protection against radiation and safe disposal of harmful byproducts or wastes d the extent of the licensees liability in respect of any hurt to any person or any damage to property caused by ionising radiations or any radioactive contamination either at the plant under licence or in the surrounding area e provision by licensee either by insurance or by such other means as the central government may approve, of sufficient funds to be available at all times to ensure settlement of any claims in connection with the use of the site or the plant under licence which have been or may be duly established against the licensee in respect of any hurt to any person or any damage to any property caused by ionising radiations emitted at the plant under licence or radioactive contamination either at the plant under licence or in surrounding areas f obligatory qualifications, security clearances, hours of employment, minimum leave and periodical medical examination of the persons employed and any other requirement or restriction or prohibition on the employer, employed persons and other persons and g such other incidental and supplementary provisions including provisions for inspection and also for the sealing or premises and seizure, retention and disposal of any article in respect of which there are reasonable grounds for suspecting that a contravention of the rules has been committed, as the central government considers necessary. 4 the central government may also prescribe the fees payable for issue of licences under subsection 1. 1. ins. by act 5 of , s. 3 w.e.f. .

section 16. of the atomic energy act : the central government may prohibit the manufacture, possession, use, transfer by sale or otherwise, export and import and in any emergency, transport and disposal, of any radioactive substances without its written consent.

section 23. of the atomic energy act : notwithstanding anything contained in the factories act, 63 of , the authority to administer the said act and to do all things for the enforcement of its provisions, including the appointment of inspecting staff and the making of rules thereunder, shall vest in the central government in relation to any factory owned by the central government 1or any authority or corporation established by it or a government company and engaged in carrying out the purposes of this act. 1. ins. by s. 5, ibid. w.e.f. .

section 18. of the atomic energy act : 1 the central government may by order restrict the disclosure of information, whether contained in a document, drawing, photograph, plan, model, or in any other form whatsoever, which relates to, represents or illustrates a an existing or proposed plant used or proposed to be used for the purpose of producing, developing or using atomic energy, or b the purpose or method of operation of any such existing or proposed plant, or c any process operated or proposed to be operated in any such existing or proposed plant. 2 no person shall a disclose, or obtain or attempt to obtain any information restricted under subsection 1, or b disclose, without the authority of the central government, any information obtained in the discharge of any functions under this act or in the performance of his official duties. 3 nothing in this section shall apply i to the disclosure of information with respect to any plant of a type in use for purposes other than the production, development or use of atomic energy, unless the information disclose that plant of that type is used or proposed to be used for the production, development or use of atomic energy or research into any matters connected therewith or ii where any information has been made available to the general public otherwise than in contravention of this section, to any subsequent disclosure of that information.

section 19. of the atomic energy act : the central government may by order prohibit a entry of any person, without obtaining permission, into a prohibited area, and b taking by any persons, without permission, of any photograph, sketch, pictures, drawing, map or other document from a prohibited area and any permission, if given to do these things, may be subject to stipulations which the central government may consider necessary.

section 21. of the atomic energy act : 1 save as otherwise provided in this act, where by reason of exercise of any powers under this act, any compensation is payable, the amount of such compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say a where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement b where no such agreement is reached, the central government shall appoint as arbitrator a person having expert knowledge as to the nature of the right affected who shall determine the amount of compensation payable. 2 in making his award, the arbitrator appointed under subsection 1 shall have regard a in the case of any compensation payable under section 9 i to the nature of the work done ii the manner, extent and duration of the exercise of any powers under that section iii the diminution in the rent of the land and of the property situated thereon, which might reasonably be expected over any period or diminution in the market value of the land and property on the date when the exercise of powers comes to an end and iv the provisions of subsection 1 of section 23 of the land acquisition act, 1 of , in so far as such provisions can be made applicable to the exercise of powers under section 9 and b in the case of any compensation payable under section 11 or under section 12, to the price which the owner might reasonably have been expected to obtain on a sale of the property effected by him immediately before the date of the acquisition. 3 an appeal shall lie to the high court against an award of the arbitrator except in cases where the amount claimed thereof does not exceed an amount prescribed in this behalf by the central government. 4 the central government may make rules prescribing the procedure to be followed in arbitrations under this act and the principles to be followed in the apportionment of the cost of proceedings before the arbitrator and on appeal. 5 save as provided in this act, nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this act.

section 25. of the atomic energy act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm and other association of individuals and b director in relation to a firm, means a partner in the firm

section 22. of the atomic energy act : 1 notwithstanding anything contained in the electricity supply act, 54 of , the central government shall have authority a to develop a sound and adequate national policy in regard to atomic power, to coordinate such policy with the central electricity authority and the state electricity boards constituted under sections 3 and 5 respectively of that act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of electricity in pursuance of such policy and to operate 1,either by itself or through any authority or corporation established by it or a government company, atomic power stations in the manner determined by it in consultation with the boards or corporations concerned, with whom it shall enter into agreement regarding the supply or electricity so produced b to fix rates for and regulate the supply of electricity from atomic power stations2either by itself or through any authority or corporation established by it or a government company, in consultation with of the central electricity authority c to enter into arrangements with the electricity board of the state in which an atomic power station is situated 1either by itself or through any authority or corporation established by it or a government company for the transmission of electricity to any other state: provided that in case there is difference of opinion between the central government 1or such authority or corporation or government company, as the case may be, and any state electricity board in regard to the construction of necessary transmission lines, the matter shall be referred to the central electricity authority whose decision shall be binding on the parties concerned. 2 no provision of the indian electricity act, 9 of , or any rule made thereunder or of any instrument having effect by virtue of such law or rule shall have any effect so far as it is inconsistent with any of the provisions of this act. 3 save as otherwise provided in this act, the provisions of this act shall be in addition to, and not in derogation of, the indian electricity act, 9 of , and the electricity supply act, 54 of 1. ins. by act 29 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid., for with the concurrence of w.e.f. .

section 24. of the atomic energy act : 1 whoever a contravenes any order made under section 14 or any condition subject to which a licence is granted under that section or b contravenes any rule made under section 17 or any requirement, prohibition or restriction imposed under any such rule or c obstructs any person authorised by the central government under subsection 4 of section 17 in the exercise of powers under that subsection or d contravenes subsection 2 of section 18 shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

section 26. of the atomic energy act : 1 all offences under this act shall be cognizable under the code of criminal procedure, 5 of , but no action shall be taken in respect of any person for any offence under this act except on the basis of a written complaint made a in respect of contravention of section 8, 14 or 17 or any rule or order made thereunder, by the person authorised to exercise powers of entry and inspection b in respect of any other contravention, by a person duly authorised to make such complaints by the central government. 2 proceedings in respect of contravention of section 18 shall not be instituted except with the consent of the attorney general of india.

section 32. of the atomic energy act : repeal of act 29 of .rep. by repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 27. of the atomic energy act : the central government may, by order, direct that any power conferred or any duty imposed on it by this act shall, in such circumstances and subject to such conditions as may be specified in the direction, be exercised or discharged also by a such officer or authority subordinate to the central government, or b such state government or such officer or authority subordinate to a state government as may be specified in the direction.

section 29. of the atomic energy act : no suit, prosecution or other legal proceeding shall lie against the government or any person or authority in respect of anything done by it or him in good faith in pursuance of this act or of any rule of order made thereunder.

section 30. of the atomic energy act : 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for a declaring any information not so far published or otherwise made public as restricted information and prescribing the measures to be taken to guard against unauthorised dissemination or use thereof b declaring any area or premises as prohibited area and prescribing the measures to be taken to provide against unauthorised entry into or departure from such prohibited area c reporting of information relating to the discovery of uranium, thorium and other prescribed substances and for payment of rewards for such discoveries d control over mining or concentration of substances containing uranium e regulating by licensing and encouraging by award of concessions including rewards, floor prices and guarantees, mining of and prospecting for other prescribed substances f compulsory acquisition of prescribed substances, minerals and plants g regulating the production, import, export, transfer, refining, possession, ownership, sale, use or disposal of the prescribed substances and any other articles that in the opinion of the central government may be used for, or may result as a consequence of, the production, use or application of atomic energy h regulating the use of prescribed equipment i regulating the manufacture, custody, transport, transfer, sale, export, import, use or disposal of any radioactive substance j regulating the transport of such prescribed substances as are declared dangerous to health under subsection 2 of section 17 k developing, controlling, supervising and licensing the production, application and use of atomic energy l fees for issue of licences under this act m the manner of serving notices under this act n generally promoting cooperation among person, institutions and countries in the production, use, application of atomic energy and in research and investigations in that field. 3 rules made under this act may provide that a contravention of the rules shall, save as otherwise expressly provided in this act, be punishable with fine which may extend to five hundred rupees. 4 every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if 1before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 1. subs. by act 4 of , s. 2 and the schedule, for before the expiry of the session in which it is so laid w.e.f. .

section 31. of the atomic energy act : the provisions of this act shall be binding on government.

section 28. effect of other laws of the atomic energy act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any other instrument having effect by virtue of any enactment other than this act.

section 5. of the punjab municipal corporation law extension to chandigarh act : 1 the punjab municipal corporation law extension to chandigarh ordinance, is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

The Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994

section 1. of the punjab municipal corporation law extension to chandigarh act : 1 this act may be called the punjab municipal corporation law extension to chandigarh act, . 2 it shall be deemed to have come into force on the 24th day of may, .

section 4. of the punjab municipal corporation law extension to chandigarh act : notwithstanding anything contained in this act, the central government may, if necessary, appoint a person to be called the special officer, to exercise the powers and discharge the functions of the municipal corporation of chandigarh until the day on which the first meeting of the corporation is held after the commencement of this act.

section 2. of the punjab municipal corporation law extension to chandigarh act : 1 the punjab municipal corporation act, is hereby extended to, and shall be in force in, the union territory of chandigarh. 2 with effect from the commencement of this act, a the references, in the punjab municipal corporation act, pun. act 42 of , to state, authorities, or city mentioned in column 1 of part i of the schedule annexed to this act shall be construed as if references therein to state, authorities, or city respectively mentioned or referred to opposite thereto in column 2 of that part b the punjab municipal corporation act, pun. act 42 of shall be amended as specified in part ii of the schedule.

section 3. of the punjab municipal corporation law extension to chandigarh act : 1 the punjab municipal act, in so far as it applies to the union territory of chandigarh or any part thereof shall stand repealed on the coming into force of this act: provided that the repeal shall not affect a the previous operation of the punjab municipal act, pun. act iii of so repealed or anything duly done or suffered thereunder, or b any right, privilege, obligation or liability acquired, accrued or incurred under the said act so repealed, or c any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this act had not been passed: provided further that, subject to the preceding proviso, anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, form or byelaw framed, certificate obtained, permit or licence granted or registration effected under such act shall be deemed to have been done or taken under the corresponding provisions of the act now extended to that union territory, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said act. 2 in every law or notification passed or issued before the commencement of this act in which reference is made to or to any chapter or section or provision of the said act hereby repealed, such references shall, so far as may be practicable, be taken to be made to the said act or, their corresponding chapter or section.

section 8. of the sir dinshaw manockjee petit act : provided always that the said dividends, interest and annual income of the said stocks, funds and securities shall not at one and the same time be subject to the payment of more than the yearly sum of twenty thousand rupees for or in respect of any jointure or jointures which shall be made in pursuance of the power hereinbefore contained, so that if by virtue of or under the same power the said dividends, interest and annual income would, in case this present provision had not been interested, be charged at any one time with a greater yearly sum for jointures in the whole than the yearly sum of twenty thousand rupees, the yearly sum which shall occasion such excess or such part thereof as shall occasion the same shall during the time of such excess abate and not be payable.

section 2. of the sir dinshaw manockjee petit act : the said framjee dinshaw petit and the heirs male of his body and all other the heirs male of the body of the said sir dinshaw manockjee petit to whom the said title and dignity shall descend, pursuant to the limitations of the patent whereby the said dignity was granted, shall take upon themselves respectively the names of dinshaw manockjee petit in lieu and in the place of any other name or names whatever and the said framjee dinshaw petit, and also such heirs male of his body and all such other the heirs male of the said sir dinshaw manockjee petit severally and successively, shall be called by the names of dinshaw manockjee petit, and by those names shall name, style and write themselves respectively, upon all occasions whatever.

section 9. of the sir dinshaw manockjee petit act : the said mansionhouse and hereditaments called petit hall, with their rights, members and appurtenances, shall not be subject to any right, interest estate whatsoever which the wife of the said sir dinshaw manockjee petit or framjee dinshaw petit, or the wives of any of the persons who shall successively become entitled thereto, may or might have or claim to have in the said mansionhouse and hereditaments under any custom or law of the parsees, or otherwise howsoever.

section 10. of the sir dinshaw manockjee petit act : save as regards the ultimate remainders or reversions, hereinbefore limited in trust for the said sir dinshaw manockjee petit, his heirs, executors, administrators and assigns respectively, so long as the said title and dignity of baronet shall endure, and until there shall be a failure of heirs male of the body of the said sir dinshaw manockjee petit, to whom the said title and dignity of baronet might descend pursuant to the limitations of the patent whereby the said dignity was granted, neither the said sir djnshaw manockjee petit nor the said ftamjee dinshaw petit nor any of the heirs male of their respective bodies in whose favour trusts are hereinbefore declared of the dividends, interest and annual income of the said bonds, stocks, funds and securities or of the said mansionhouse and hereditaments called petit hall, shall transfer, dispose of, alien, convey, charge or encumber the said bonds, stocks, funds and securities, or any part thereof, or the dividends, interest and annual income thereof, or of any part thereof, or the said mansionhouse or hereditaments, or any part thereof, for any greater or larger estate, interest or time than during his natural life, and for such portion thereof only as he shall continue to use the names of dinshaw manockjee petit, nor shall any such person as aforesaid either alone or jointly with any other or others of them or with any other person or persons whomsoever have any power to discontinue or bar the estates tail hereinbefore limited in trust for the heirs male of the respective bodies of the said framjee dinshaw petit and sir dinshaw manockjee petit, or either of them, or any estate or interest hereby or herein created or declared in trust or for the benefit of any person or persons for whose benefit trusts are declared by this act of the dividends, interest and annual income of the said bonds, stocks, funds and securities, or of the said mansionhouse, hereditaments and the rents and profits thereof, or to prevent any such person or persons from succeeding to, holding or enjoying, receiving or taking the same premises according to the true intent of the provisions herein. before contained, nor shall the same premises or any of them be held by any court of law or equity to have vested in any such person as aforesaid for any greater estate or interest than during his life, and only during such portion thereof as he shall continue to use the names of dinsbaw manockjee petit, and every attempt to male any conveyance, assignment or assurance contrary to the intention of this act shall be, and is hereby, declared and enacted to be void

section 7. of the sir dinshaw manockjee petit act : it shall be lawful for the said sir dinshaw manockjee petit and framjee dinshaw petit, and for any person upon whom the said title of baronet shall from time to time descend, when in the actual enjoyment of the said title, and who shall not refuse, neglect or discontinue to use, for the respective periods hereinbefore in that behalf mentioned, the said names of dinshaw manockjee petit as herein before enacted, either before or after his marriage with any woman or women by any deed or deeds, writing or writings, with or without power of revocation to be by him, sealed and delivered in the presence of two or more credible witnesses but subject and, without prejudice to any annuity or annuities, if any, which shall be then subsisting and payable by virtue of any appointment made under and in pursuance of this present power, to limit and appoint unto any woman or women whom he shall marry for her or their life or lives, and for her or their jointure or jointures in bar of dower or other legal or customary rights any annuity or yearly sum not exceeding the sum of ten thousand rupees, clear of all taxes, charges and deductions whatsoever to commence and take effect immediately after the decease the person limiting or appointing the same and to be issuing and payable petit of the dividends, interest and, annual income, of the said stocks, funds and securities, and to be, paid and payable by equal halfyearly payments on, the thirtieth day of june and the thirtyfirst day of december, the first of the said halfyearly payments to be made on the halfyearly day which shall first happen after the decease of the person who shall have appointed such annuity or yearly sum: provided always that in case any person on whom such title shall descend shall have refused or neglected to use the names of dinshaw manockjee petit or shall discontinue to use such names for six calendar months consecutively during his natural life, every such, limitation and appointment, either previously or afterwards made by him, shall be and become inoperative and invalid, and no such annuity thereby created or appointed shall take effect or be, payable, or chargeable, on the said stocks, funds and securities, notwithstanding any such limitation or appointment.

section 5. of the sir dinshaw manockjee petit act : the mansionhouse and other hereditaments called petit hall situate in the island of bombay with their rights, members and appurtenances, of which the said sir dinshaw manockjee petit is seised to him and his heirs, shall, by force of this act, from and immediately after the passing thereof, stand limited unto and to the use of the corporation upon the trusts hereinafter declared, that is to say, upon trust for the said sir dinshaw manockjee petit for and during the term of his natural life and from and immediately after his decease upon trust for the said framjee dinshaw petit for and during the term of his natural life, provided he shall survive the said sir dinshaw manockjee petit, and from and immediately after the decease of the survivor of them the said sir dinshaw manockjee petit and framjee dinshaw petit upon trust for the heirs male of the body of the said framjee dinshaw petit who may succeed to the title of baronet conferred by the said letters patent as aforesaid, and, upon failure and default of heirs male of the body of the said framjee dinshaw petit to whom the same title and dignity of baronet may descend as aforesaid, upon trust for the heirs male of the body of the said sir dinshaw manockjee petit who may succeed to the said title and upon failure and default of such lastmentioned heirs male upon trust for the said sir dinshaw manockjee petit, his heirs and assignsforever, which ultimate remainder or reversion it shall be lawful for the said sir dinshaw manockjee petit and his heirs and assigns at any time or times during the continuance of the said title and dignity of baronet, and until there shall be a failure of heirs male of the body of the said sir dinshaw manockjee petit, as aforesaid, to grant, convey, devise and dispose of by deed or will or by any other assurance or assurances by which such an estate in remainder or eversion is capable by law of being convoyed or disposed of by parsee inhabitants of british india.

section 1. of the sir dinshaw manockjee petit act : that arthur frederick cox, esquire, the accountantgeneral of bombay, james macnabb campbell, esquire, the collector of bombay, and charles philip cooper, esquire, the chief presidency magistrate of bombay, and their successors, the accountantgeneral of bombay, the collector of bombay, and the chief presidency magistrate of bombay, all for the time being, shall be and they are hereby created a corporation with perpetual succession and a common seal under the style and title of the trustees of the dinshaw manockjee petit baronetcy, and that the said arthur frederick cox, james nacnabb campbell, and charles philip cooper, and their said successors hereinafter styled the corporation, shall be and they are hereby constituted, as such corporation, the trustee for executing the powers and purposes of this act.

section 4. of the sir dinshaw manockjee petit act : the corporation during the minority of any person for the time being entitled to and in enjoyment of the said dignity of baronet under the limitations of the said letters patent shall pay and apply for and towards the maintenance, education and benefit of such baronet, in each and every year during such his minority as aforesaid, so much only of the annual interest, dividends and income of the said trust funds and premises as tile corporation shall in their discretion think proper, and shall from time to time invest the residue of the said annual dividends, interest and income of the said trust funds and premises in and upon stocks, funds and securities of or the principal or interest of which is guaranteed by the government of the united kingdom of great britain and ireland or the government of india and shall upon such baronet attaining bis majority pay over, transfer and assign to him or as he shall direct and for his absolute benefit the said investments and all accumulations thereof.

section 6. of the sir dinshaw manockjee petit act : provided always that in case any person to whom for the time being the said title of baronet shall have descended shall, for the space of one whole year after he shall by virtue of this act become entitled to the dividends, interest and income of the said stocks, funds and securities, or to the possession or receipt of the rents and profits of the said hereditaments, or being then under age is shall for the space of one whole year after he shall attain the age of twenty one years, refuse or neglect to use the names, of dinshaw manockjee petit as hereinbefore enacted, or in case any such person having so used those names shall, for the space of six calendar months consecutively during his natural 1ife, discontinue so to use such names, then, in any or either of the said cases the estate or interest in the said trust funds and premises of the person who shall so refuse or neglect to use or having used shall so discontinue to use the said names of dinshaw manockjee petit shall during the remainder of his respective natural life be suspended and that, during any and every such suspension, the dividends, interest and income of the said stocks, funds and securities, and the possession and actual occupation and also the rents and profits of the said hereditaments shall devolve and belong, to the person who, as heir male of the body of the said framjee dinshaw petit or the said sir dinshaw, manockjee petit, as the case may be, would have succeeded to and been in the enjoyment of the title of baronet conferred by the said letters patent in case the person so refusing or neglecting to use or discontinuing to use the said names of dinshaw manockjee petit had departed this life but if there should be no such heir male, then to the person or persons who would be entitled to the same in case there had then been a total failure of issue male of the said sir dinshaw manockjee peti

section 12. of the sir dinshaw manockjee petit act : the corporation shall keep the said mansionhouse called petit hall, and all the outbuildings and offices thereof, and also all other messuages or buildings which may from time to time be added thereto or substituted therefor, or which may here after become subject to any of the trusts of this act, adequately insured in the name of the said corporation of the persons for the time being constituting the same against loss or damage by, fire, and may apply any portion of the income of the funds for the time being subject to the trusts of this act to that purpose, and in case the hereditaments and premises so insured or any part thereof shall be destroyed or damaged by fire, the moneys received in respect of such insurance shall either be out under the direction of the said corporation in rebuilding or reinstating the hereditaments and premises so destroyed or damaged by fire, or, upon the application of the person for the time being entitled to and in the enjoyment of the said dignity of baronet and with the consent of the governor of bombay in council, to be notified by a resolution of the government of bombay, may be laid out in the purchase of other hereditaments in the presidency of bombay suitable for the support of the dignity of the said title, in which last mentioned case the hereditaments so purchased shall immediately from and after the completion of the purchase thereof be and become subject to the uses and trusts of this act or such of them as shall then be subsisting and capable of taking effect in the same manner and to the same effect as if such lastmentioned, hereditaments had expressly been named or described in the fifth section of this act. until such insurance moneys shall have been so laid out, the corporation may invest the same or any part thereof in any of the government securities specified in section 16.

section 3. of the sir dinshaw manockjee petit act : immediately from and after the passing of this act, bonds of the municipal corporation of the city of bombay, producing an annual income of not less of settled than one lakh and twentyfive thousand rupees shall property be transferred into the name of the corporation, who shall hold the same upon the trusts and for the purposes hereinafter expressed concerning the same, that is to say, upon trust to continue to hold the said bonds until the same shall be discharged by the municipal corporation of the city of bombay, or shall be sold by the said trustees at their discretion, and on such discharge or sale to invest the sum to be received on such occasion in or on any stocks, funds or securities of or the principal or interest of which is guaranteed by the government of the united kingdom of great britain and ireland or the government of india and in like manner, as often as the same shall been necessary, to alter, vary and, change such stocks, funds and securities for others of the same or like nature and upon further trust from time to time to pay and apply the dividends, interest and annual income of the said bonds, stocks, funds and securities unto and for the benefit of the said sir dinshaw manockjee petit during his natural life and from and immediately after his decease for the benefit of the said framjee dinshaw petit if he shall survive the said dinshaw manockjee petit during his natural life and from and immediately after the death of the survivor of them the said sir dinshaw manockjee petit and framjee dinshaw petit for the benefit of the person who, as heir male of the body of the said framjee dinshaw petit, or of the said sir dinshaw manockjee petit, as the case may be, shall for the time being have succeeded to and be in the enjoyment of the title of baronet conferred by the said letters patent as aforesaid, notwithstanding any rule of law or equity to the contrary, and upon failure and in default of heirs male of the body of the said framjee dinshaw petit and sir dinshaw manockjee petit, to whom the same title and dignity of baronet may descend, upon trust for the said sir dinshaw manockjee petit, his executors, administrators and assigns, which ultimate remainder or reversion it shall be lawful for the said sir dinshaw manockjee petit, his executors, administrators and assigns, at any time or times, during the continuance of the said title and dignity of baronet, and until there shall be a failure of heirs male of the body of the said sir dinshaw manockjee petit as aforesaid, to assign, transfer, bequeath and dispose of by deed or will or other assurance or assurances

section 19. of the sir dinshaw manockjee petit act : saving always to the queens most excellent majesty, her heirs and successors, and to all and every other person and persons, bodies politic and corporate, and his, her and their respective heirs, successors, executors and administrators and every of them other than and except the said sir dinshaw manockjee petit, bis devisees, heirs and assigns, all such estate, right. title, interest, claim and demand whatsoever of, into. out of or upon the said mansionhouse and hereditaments called petit hall, or any part or parts thereof, as they, every or any of them, had before the passing of this act, and would, could or might have had, held or enjoyed in case this act bad not been passed.

section 11. of the sir dinshaw manockjee petit act : if at any time or times hereafter the said sir dinshaw manockjee petit or any other person or persons shall be sons shall be desirous of augmenting the funds and securities for the time being subject to the trusts of this act, and for that purpose and with that intent shall at his or her own expense transfer and deliver to the corporation any stocks, funds or securities of or the principal or interest of which is guaranteed by the government of the united kingdom of great britain and ireland or the government of india, then and as often as the same shall happen the said corporation may, with the previous consent of the governor of bombay in council, accept such stocks, funds and securities, and the same shall thenceforth be held by the said corporation upon the same trusts as are declared by this act with regard to the said bonds of the municipal corporation of the city of bombay, or upon such of them as shall then be subsisting and capable of taking effect: provided always that the total amount of the stocks, funds and securities for the time being subject to the trust of this act shall at no time exceed fifty lakhs of rupees.

section 13. of the sir dinshaw manockjee petit act : the said mansionhouse and premises called petit hall and all additions thereto, and also all other messuages and hereditaments which from time to time may be or become subject to the trusts declared by this ac concerning the said mansionhouse and premises, shall be kept in good repair, order an condition by and at the expense of the person for the time being in the enjoyment of the title of baronet conferred by the said letters patent, and in case any such person shall at any time neglect or refuse to keep the said mansionhouse, hereditaments and premise or any them in such good order and condition, it shall b e lawful for the corporation to keep or cause the same to be kept in good order and condition and to defray the expense incident thereto from the income of the funds for the time being subject to the provisions of this act.

section 18. of the sir dinshaw manockjee petit act : it shall be lawful for the corporation out of the money which shall come to their hands by virtue of the trusts and provisions of this act to retain and reimburse themselves all costs, damages and expenses which they shall or may sustain, expend or disburse in or about the execution of the aforesaid powers trusts and provisions, or in relation thereto.

section 14. of the sir dinshaw manockjee petit act : the corporation shall hold the said mansionhouse and hereditaments known as petit hall and also any other hereditaments for the time being vested in them by virtue of this act, upon trust with the consent of the person entitled to an in the actual enjoyment of the title of baronet conferred by the said letters patent, and with the consent of the governor of bombay in council to be notified as aforesaid, to sell or exchange for other lands or hereditaments in the presidency of bombay the said mansionhouse and hereditaments, and also any other such hereditaments as aforesaid, and upon any such exchange to give or receive any money for equality of exchange.

section 15. of the sir dinshaw manockjee petit act : and it is hereby declared that any such sale as aforesaid may be made either by public auction or private contract, and that the corporation may make any stipulations as to title or evidence or commencement of title or otherwise in any conditions of sale or contract for sale or exchange of the said hereditaments or any part thereof, and may buy in or rescind or vary any contract for sale or exchange and resell or reexchange without being responsible for any loss occasioned thereby.

section 16. of the sir dinshaw manockjee petit act : and it is hereby declared that the said corporation shall receive all moneys which may become payable upon any such sale or exchange as aforesaid, and with all convenient speed invest the same either in the purchase of any stocks, funds or securities of or the principal and interest of which is guaranteed by the government of the united kingdom of great britain and ireland or the government of india, or in the purchase of other lands or hereditaments situate in the presidency of bombay and suitable for the support of the dignity of the said title, yet so as that every such purchase of lands or hereditaments be made with the consent in writing of the person then entitled to and in the actual enjoyment of the said title.

section 17. of the sir dinshaw manockjee petit act : and it is hereby declared that the stocks, funds and securities and the lands or hereditaments, respectively, so to be purchased or taken in exchange as aforesaid shall from and immediately after the completion of the purchase or exchange thereof, respectively, be held upon the trusts in and by this act declared of and concerning the said bonds of the municipal corporation for the city of bombay and the said mansionhouse and premises called petit hall, respectively, or such of them, respectively, as may then be subsisting and capable of taking effect.

section 8. of the coal mines conservation and development act : 1 1 the duties of excise levied under section 6 shall be collected by such agencies and in such manner as may be prescribed. 2 2 where any duty of excise referred to in subsection 1 cannot be collected in the manner prescribed under that subsection, it shall be recovered from the owner of the coal mine in the same manner as an arrear of land revenue. 1. section 8 renumbered as subsection 1 thereof by act 55 of , s. 3 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. .

section 1. of the coal mines conservation and development act : show related subordinates 1 this act may be called the coal mines conservation and development act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification, appoint in this behalf. 1. 1st april, , vide notification no. g.s.r. 164e, dated 26th march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the coal mines conservation and development act : it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of coal mines to the extent hereinafter provided.

section 7. of the coal mines conservation and development act : during the period in which any duty of excise is being levied under section 6, the central government may, by notification, impose on all coal including soft and hard coke, imported or brought into india from any place outside india, a duty of customs which shall be in addition to any duty of customs for the time being leviable under any other law, at the rates equivalent to the rates of duty of excise levied under section 6.

section 4. of the coal mines conservation and development act : 1 the central government may, for the purpose of conservation of coal and for the development of coal mines, exercise such powers and take, or cause to be taken, such measures as it may deem necessary or proper or as may be prescribed. 2 without prejudice to the generality of the foregoing power, the central government may, by order in writing addressed to the owner, agent or manager of a coal mine, require him to take such measures as it may think necessary for the purpose of conservation of coal or for development of coal mines, including a in any coal mine, stowing for safety, or b the prevention of any factor which may adversely affect the conservation of coal or development of coal mine, or c washing of coal with a view to beneficiating and reducing the ashcontents of coal. 1 3 the central government may, if it is satisfied after consideration of all the facts and circumstances that the recovery of the cost of measures, if any, undertaken by it under subsection 1 or subsection 2 in relation to a coal mine is justified, recover such cost from the owner, agent or manager of the coal mine, either wholly or partly, in the same manner as an arrear of land revenue. 1. ins. by act 55 of , s. 2 w.e.f. .

section 9. of the coal mines conservation and development act : in each financial year, a sum not exceeding the net proceeds determined in such manner as may be prescribed of the duties of excise and customs levied and collected under sections 6 and 7, respectively, during the preceding financial year or years shall be disbursed by the central government in accordance with such procedure as may be prescribed, to the owners, agents or managers of coal mines or to any other person for one or more of the following purposes, namely: a conservation of coal and development of coal mines b grant of stowing materials and other assistance for stowing operations c execution of stowing and other operations for the safety in coal mines or conservation of coal d prosecution of research work connected with conservation and utilisation of coal and e any other purpose connected with the conservation of coal or development of coal mines, or transportation, distribution or utilisation of coal: provided that the central government may disburse to the owners, agents or managers of coal mines or to any other person, a sum not exceeding the aggregate of the net proceeds of the duties of excise collected under section 8 of the coal mines conservation, safety and development act, 12 of , and remaining undisbursed before the commencement of this act, for all or any of the purposes specified in this section.

section 3. of the coal mines conservation and development act : in this act, unless the context otherwise requires, a appointed day means the day on which this act comes into force b blending means the process of intimately mixing different varieties of coal so as to provide a mixture which on carbonisation results in coke c coal includes coke in all its forms but does not include lignite d chief inspector and inspector mean the persons respectively appointed as the chief inspector of mines and inspector of mines under the mines act, 35 of , and the provisions of that act shall apply to the chief inspector and to all inspectors while exercising their powers under this act or the rules made thereunder e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of h railway shall have the meaning assigned to it in the indian railways act, 9 of i safety in coal mines includes the safety of any railway situated on the surface above a coal mine j stowing means the operation of filling, with sand or any other material, or with both, spaces left underground in a coal mine by the extraction of coal k washing means such process or combination of processes as may be approved in this behalf by the central government by which the whole or any part of the shaley and mineral matter found in the coal is removed therefrom l agent, mine and owner have the meanings respectively assigned to them in the mines act, 35 of .

section 10. of the coal mines conservation and development act : 1 the owner of every coal mine, to whom any money is disbursed under section 9, shall open a separate account in a scheduled bank, to be known as the coal mine conservation and development account and shall credit to the said account all sums so disbursed to him: provided that where it is necessary so to do in relation to the different groups of coal mines owned by an owner, separate accounts may be opened in relation to each such group of coal mines. 2 the money standing to the credit of the coal mine conservation and development account and accretions thereto shall be applied by the owner of the coal mine to a the furtherance of the objects of this act b the acquisition of stowing or other materials needed for stowing operations in coal mines c the execution of stowing and other operations in furtherance of the objects of this act d the prosecution of research work connected with the conservation, development and utilisation of coal and safety in coal mines e the planning and development of coal mines in a scientific manner and f any other expenditure which the central government may direct to be defrayed out of the money standing to the credit of the account. 3 the account, referred to in subsection 1, shall be kept in such manner and in such form as may be prescribed, and every such account shall be audited by the same person by whom the accounts of the owner of the coal mine are audited.

section 5. of the coal mines conservation and development act : 1 the owner of a coal mine shall take, in relation to each coal mine owned by him, such steps as may be necessary to ensure the conservation of coal and development of the coal mine. 2 without prejudice to the generality of the provisions of subsection 1, the owner of a coal mine shall a execute such stowing and other operations as may be necessary to be taken in furtherance of the objects of this act in so far as such objects relate to the conservation of coal or development of the coal mine or the utilisation of coal obtained from the coal mine b acquire such stowing and other materials as may be necessary for ensuring the conservation of coal, and safety in, the coal mine c undertake research in relation to conservation of coal, development of coal mines and utilisation of coal d plan and undertake development of the coal mines in a scientific manner e undertake such other activity as the central government may, for the furtherance of the objects of this act, direct.

section 6. of the coal mines conservation and development act : 1 with effect from the appointed day, there shall be levied and collected on all coal raised and dispatched, and on all coke manufactured and dispatched, from the collieries in india, such duty of excise, not exceeding rupees ten per tonne, as may be fixed from time to time by the central government by notification, and different rates of duty may be levied on different grades or description of coal or coke: provided that the central government may, by general or special order, exempt any special grade or grades or description of coal or coke from the levy of such duty of excise. 2 for the purposes of subsection 1, coal shall be graded by the central government in accordance with such specifications as may be laid down by that government from time to time. 3 all notifications issued under this section shall be laid, as soon as may be, before both houses of parliament.

section 13. of the coal mines conservation and development act : notwithstanding anything contained in section 12, the central government may, if it is satisfied that a central government company is willing to comply, or has complied with such terms and conditions as that government may think fit to impose, direct, by an order in writing, that the right, title and interest of the coal board in relation to any property shall, instead of continuing to vest in it, vest in the government company either on the date of publication of the direction or on such earlier or later date not being a date earlier than the appointed day as may be specified in the direction, and on such vesting the liability or obligation, as the case may be, of the coal board in relation to such property shall, instead of continuing to be the liability or obligation of the central government, become the liability or obligation, as the case may be, of the government company.

section 11. of the coal mines conservation and development act : 1 the chief inspector or any inspector may make such examination and inquiries as he thinks fit in order to ascertain whether the provisions of this act or of any rules and orders made thereunder are being complied with. 2 the chief inspector or any inspector may, with such assistance, if any, as he thinks fit, enter, inspect and examine at any time by day or night any coal mine in order to ensure that stowing or any other operation has been, or is being, done effectively: provided that the power conferred by this subsection shall not be exercised in such a manner as unreasonably to impede or obstruct the working of the mine. 3 without prejudice to the provisions of the mines act, 35 of , the chief inspector or any inspector may, by order in writing, addressed to the owner, agent or manager of a coal mine, require him to take such protective measures, including stowing, in the mine as the chief inspector or the inspector may think necessary, if in the opinion of the chief inspector or inspector a the extraction or reduction of pillars in any part of the coal mine is likely to cause the crushing of pillars or the premature collapse of any part of the workings or otherwise endanger human life or the coal mine or a railway, or b adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of any part of the coal mine or for restricting the area that might be affected by fire or flooding as the case may be. 4 the powers conferred on the inspector under subsections 1, 2 and 3 may also be exercised by such officer of the central government as that government may, by notification, specify in this behalf.

section 12. of the coal mines conservation and development act : 1 on the appointed day, the coal board, established under section 4 of the coal mines conservation, safety and development act, 12 of , shall stand dissolved. 2 on the dissolution of the coal board, a all rights and privileges of the coal board shall become the rights and privileges, respectively, of the central government b the central government shall be deemed to be the lessee of all properties held by the coal board, immediately before the appointed day, under any lease and that government shall hold the lease under the same terms and conditions under which the lease was held by the coal board c all other properties, movable and immovable, including cash balances, reserve funds, investments and moneys lying to the credit of the coal mines safety and conservation fund and the coal development fund, and all other rights and interests in, or arising out of, such properties as were, immediately before the appointed day, in the ownership, possession power or control of the coal board, and all books of account, registers, records and all other documents of whatever nature relating thereto, shall vest in the central government d all borrowings, liabilities and obligations of the coal board, of whatever kind and subsisting immediately before the appointed day, shall be deemed, on and from the appointed day to be the borrowings, liabilities or obligations, as the case may be, of the central government e all contracts entered into, and all matters and things engaged to be done by, with or for, the coal board and subsisting immediately before the appointed day, shall be deemed, on and from the appointed day, to have been entered into or engaged to be done by, with or for, the central government f all licences and permits granted to the coal board and in force immediately before the appointed day shall be deemed, on and from the appointed day, to have been granted to the central government and shall have effect accordingly.

section 14., against the central government. of the coal mines conservation and development act : 1 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the coal board is pending by or against such board, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the coal board but the suit appeal or other proceeding may be continued, prosecuted and enforced by or against the central government or the government company in which the property of the coal board has become vested, as the case may be. 2 where, before the appointed day, any cause of action for any suit or proceeding or any right to appeal arose in favour of, or against, the coal board, and the institution of any suit or proceeding on such cause of action or the filing of such appeal was not barred before the appointed day, such suit or proceeding may be instituted or appeal may be filed by or against the central government or the government company referred to in subsection 1, as the case may be.

section 19.. of the coal mines conservation and development act : repeal. rep. by repealing and amending act, 38 of , s. 2 and the first schedule w.e.f. .

section 16. of the coal mines conservation and development act : notwithstanding anything contained in any other law for the time being in force, the transfer of the services of any officer or other employee from the coal board to any government company or organisation shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 18. of the coal mines conservation and development act : 1 the central government may, by notification and subject to the condition of previous publication, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the forgoing power such rules may provide for all or any of the following matters, namely: a the measures to be taken for the purpose of conservation of coal and maintenance of safety in coal mines b the measures to be taken for the development of coal mines c the manner in which, and the conditions subject to which, sums at the credit of the coal mine conservation and development account may be applied d the form in which the coal mine conservation and development account shall be kept e any other matter which is required to be, or may be, prescribed. 3 any rule made under the provisions of this act may provide that the contravention thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both. 4 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 15. of the coal mines conservation and development act : 1 notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, every officer or other employee of the coal board shall, on and from the appointed day, become an officer or other employee, as the case may be, of such government company or organisation as the central government may, in writing, specify and shall hold his office or service in such government company or organisation, as the case may be, on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the coal board had not been abolished, and shall continue to do so unless and until his employment in the government company or organisation is terminated or until his remuneration or terms and conditions of service are duly altered by the government company or organisation, as the case may be: provided that the tenure, remuneration and other terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage except with the previous approval of the central government or without such approval, except as a measure of punishment, under the rules of the government company or the organisation concerned. 2 where any officer or other employee of the coal board becomes, under subsection 1, an officer or other employee of any government company or organisation, the period of service rendered, or deemed to have been rendered, by him under the coal board before the appointed day shall be deemed, for the purposes of fixation of pay and other emoluments, pension and other retirement benefits, to be the period of service rendered by him under the said government company or organisation, as the case may be, as if the government company or the organisation were in existence during the said period.

section 17. of the coal mines conservation and development act : no suit, prosecution or other legal proceedings shall lie against the central government or against the chairman or any other member of the coal board or any officer thereof or any other person in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder, or in pursuance of the coal mines conservation, safety and development act, 12 of or any rule made thereunder.

section 2. of the parel investments and trading private limited and domestic gas private limited taking over of management repeal act : 1 the parel investments and trading private limited and domestic gas private limited taking over of management act, 29 of is hereby repealed. 2 on the repeal of the parel investments and trading private limited and domestic gas private limited taking over of management act, 29 of the management of the parel investments and trading private limited and domestic gas private limited shall be vested and deemed to have been vested in the respective board of directors of the said companies to be appointed after such repeal and possession of the assets of the said companies relating to their business other than the business relating to liquefied petroleum gas and not taken over by the central government by the act so repealed shall be deemed to have been taken over by, and continued with, the said companies through their respective board of directors, as may be appointed in accordance with the law for the time being in force. 3 notwithstanding such repeal and without prejudice to the provisions contained in the general clauses act, 10 of with respect to repeals, anything done or action taken including any agreement entered into under any provision of the parel investments and trading private limited and domestic gas private limited taking over of management act, 29 of , by the central government or the custodian appointed by it shall continue to be in force and have effect as if this act had not been passed.

The parel investments and trading private limited and domestic gas private limited (taking over of management) repeal act, 2005

section 1. of the parel investments and trading private limited and domestic gas private limited taking over of management repeal act : this act may be called the parel investments and trading private limited and domestic gas private limited taking over of management repeal act, .

section 8. of the hindu minority and guardianshipact : 1 the natural guardian of a hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minors estate but the guardian can in no case bind the minor by a personal covenant. 2 the natural guardian shall not, without the previous permission of the court, a mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor or b lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. 3 any disposal of immovable property by a natural guardian, in contravention of subsection 1 or subsection 2, is voidable at the instance of the minor or any person claiming under him. 4 no court shall grant permission to the natural guardian to do any of the acts mentioned in subsection 2 except in case of necessity or for an evident advantage to the minor. 5 the guardians and wards act, 8 of , shall apply to and in respect of an application for obtaining the permission of the court under subsection 2 in all respects as if it were an application for obtaining the permission of the court under section 29 of that act, and in particular a proceedings in connection with the application shall be deemed to be proceedings under that act within the meaning of section 4a thereof b the court shall observe the procedure and have the powers specified in subsections 2, 3 and 4 of section 31 of that act and c an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in subsection 2 of this section to the court to which appeals ordinarily lie from the decisions of that court. 6 in this section, court means the city civil court or a district court or a court empowered under section 4a of the guardians and wards act, 8 of , within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

section 2. of the hindu minority and guardianshipact : the provisions of this act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the guardians and wards act, 8 of .

section 1. of the hindu minority and guardianshipact : 1 this act may be called the hindu minority and guardianship act, . 2 it extends to the whole of india 1 and applies also to hindus domiciled in the territories to which this act extends who are outside the said territories. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the hindu minority and guardianshipact : the natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.

section 9. of the hindu minority and guardianshipact : 1 a hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minors person or in respect of the minors property other than the undivided interest referred to in section 12 or in respect of both. 2 an appointment made under subsection 1 shall have no effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian. 3 a hindu widow entitled to act as the natural guardian of her minor legitimate children, and a hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minors person or in respect of the minors property other than the undivided interest referred to in section 12 or in respect of both. 4 a hindu mother entitled to act as the natural guardian of her minor illegitimate children may by will, appoint a guardian for any of them in respect of the minors person or in respect of the minors property or in respect of both. 5 the guardian so appointed by will has the right to act as the minors guardian after the death of the minors father or mother, as the case may be, and to exercise all the rights of a natural guardian under this act to such extent and subject to such restrictions, if any, as are specified in this act and in the will. 6 the right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.

section 3. of the hindu minority and guardianshipact : 1 this act applies, a to any person who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or aryasamaj b to any person who is a buddhist, jain or sikh by religion, and c to any other person domiciled in the territories to which this act extends who is not a muslim, christian, parsi or jew by religion unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed. explanation.the following persons are hindus, buddhists, jains, or sikhs by religion, as the case may be: i any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jains or sikhs by religion ii any child, legitimate or illegitimate, one of whose parents is a hindu, buddhist, jain or sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged and iii any person who is convert or reconvert to the hindu, buddhist, jain or sikh religion. 2 notwithstanding anything contained in subsection 1 nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause 25 of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. 12a notwithstanding anything contained in subsection 1, nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. 3 the expression hindu, in any provision of this act shall be construed as if it included a person who, though not a hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section. 1. ins. by act 26 of , s. 31 and the schedule w.e.f. .

section 5. of the hindu minority and guardianshipact : save as otherwise expressly provided in this act, a any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act. b any other law in force immediately before the commencement of this act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this act.

section 4. of the hindu minority and guardianshipact : in this act, a minor means a person who has not completed the age of eighteen years b guardian means a person having the care of the person of a minor or of his property or of both his person andproperty, and includes i a natural guardian, ii a guardian appointed by the will of the minors father or mother, iii a guardian appointed or declared by a court, and iv a person empowered to act as such by or under any enactment relating to any court of wards. c natural guardian means any of the guardians mentioned in section 6.

section 12. of the hindu minority and guardianshipact : where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: provided that nothing in this section shall be deemed to affect the jurisdiction of a high court to appoint a guardian in respect of such interest.

section 13. of the hindu minority and guardianshipact : 1 in the appointment of declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall be the paramount consideration. 2 no person shall be entitled to the guardianship by virtue of the provisions of this act or of any law relating to guardianship in marriage among hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.

section 6. of the hindu minority and guardianshipact : the natural guardians of a hindu minor in respect of the minors person as well as in respect of the minors property excluding his or her undivided interest in joint family property, are a in the case of a boy or an unmarried girlthe father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother b in the case of an illegitimate boy or an illegitimate unmarried girlthe mother, and after her, the father c in the case of a married girl the husband: provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section a if he has ceased to be a hindu, or b if he has completely and finally renounced the world by becoming a hermit vanaprastha or an ascetic yati or sanyasi. explanation.in this section, the expressions father and mother do not include a stepfather and a stepmother.

section 10. of the hindu minority and guardianshipact : a minor shall be incompetent to act as guardian of the property of any minor.

section 11. of the hindu minority and guardianshipact : after the commencement of this act, no person shall be entitled to dispose of, or deal with, the property of a hindu minor merely on the ground of his or her being the de facto guardian of the minor.

section 8. of the madras district police act : the entire police establishment of the madras presidency shall for the purposes of this act be deemed to be one police force, and shall be formally enrolled, and shall consist of such number of officers and men, and shall be otherwise constituted in such manner, as shall be from time to time ordered by the governor in council with the sanction of the governor general of india in council.

section 1. of the madras district police act : the following words and expressions in this act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction that is to say, magistrate. the word magistrate shall include all persons, within their respective jurisdictions, exercising all or any of the powers of a magistrate subordinate.the word subordinate, as applied to police functionaries, shall mean district superintendents and their assistants. police.the word police shall include general and village police, cuttoobadies, kavilgars, and all other persons, by whatever name known, who exercise any police functions throughout the madras presidency. general police district. the expression general police district shall embrace all districts to which the operation of this act shall be extended property. the word property shall include any movable property, money or valuable security number.words importing the singular mumber shall include the plural number, and words importing the plural number shall include the singular number. gender.words importing the masculine gender shall include females. person.the word person shall include company or corporation. month.the word month shall mean calendar month. cattle. the word cattle shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine

section 2. of the madras district police act : the several regulations and acts mentioned in the schedule hereunto annexed are hereby repealed and amended to the extent and in the manner therein set forth, within the limits of the general police district except so far as they repeal the whole or any part of any other regulation or act, and except as to any act or offence which shall have been done or committed, or to any fine or penalty which shall have been incurred or to any proceedings which shall have been commenced, before this act shall come into operation : proviso. provided also that nothing in this section shall be construed to affect any judicial function or jurisdiction original or appellate, which by any existing law may be exercised by any of the officers mentioned in the enactments above repealed.

section 7. to have the powers of a magistrate but to exercise such powers under the orders of government. in what cases he may act in that capacity of the madras district police act : the inspectorgeneral of police shall be appointed a justice of the peace he shall also have the full powers of a magistrate throughout the general police district, but shall exercise these powers subject to such orders as may from time to time be issued by the governor in council. the governor in council may vest any district superintendent of police with all or any of the powers of a magistrate within such limits as he may deem proper but such superintendent shall exercise the powers with which he shall be so invested only so far as may be necessary for the peace, the prevention of crime, and the detection, apprehension, and detention of offenders in order to their being brought before a magistrate, and as far as may be necessary for the performance of the duties assigned to him by this act.

section 3. of the madras district police act : nothing contained in this act shall affect the powers of appointment given to magistrates by section xl of regulation xi. of the madras code or the jurisdiction or functions of officers appointed under such powers, save only that no officer so appointed shall be competent to exercise any of the functions or duties of executive police officers.

section 9. of the madras district police act : the inspectorgeneral may from time to time, subject to the approval of the governor in council, frame such orders and regulations as he shall deem expedient, relative to the general government and distribution of the force, the places of residence, the classification, rank, and particular service of the members thereof their inspection the description of arms, accoutrements, and other necessaries to be furnished to them to the collecting and communicating intelligence and information and all such other orders and regulations relative to the said police force as the said inspectorgeneral shall, from time to time, deem expedient for preventing abuse or neglect, and for rendering such force efficient in the discharge of all its duties.

section 10. of the madras district police act : the appointment of all police officers shall, under such rules as the governor in council shall from time to time sanctions, rest with the inspectorgeneral of police and the deputy superintendents, who may under such rules as aforesaid at any time dismiss, suspend, or fine to any amount not exceeding one months pay, any police officer whom they shall think remiss or negligent in the discharge of his duty, or otherwise unfit for the same.

section 4. of the madras district police act : the superintendence of the police throughout the general police district shall vest in, and be exercised by the governor in council, and, except as authorized by him under the provisions of this act, no person, officer, or court shall be empowered to appoint, supersede, or control any police functionary, any regulation act or usage to the contrary notwithstanding.

section 11. of the madras district police act : every person so appointed shall receive on his enrolment a certificate a under the seal of the inspectorgeneral, by virtue of which he shall be vested with the powers, functions, and privileges of the police officer. such certificate shall cease to have effect whenever the person named in it is suspended or dismissed, or otherwise removed from employment in the police force, and shall thereupon be immediately surrendered to his superior officer, or other person empowered to receive it.

section 6. of the madras district police act : all powers not inconsistent with the provisions of this act which up to the passing of this act belonged by law to the existing police authorities shall be vested in the police authorities appointed under this act: provided that always that no police functionary so appointed shall possess or exercise any judicial or revenue authority.

section 5. of the madras district police act : the administration of the police throughout the general police district shall be vested in an officer to be styled the inspectorgeneral of police for the presidency of madras, and in such subordinates as to the governor in council shall seem fit, who shall from time to time be appointed by the governor in council, and may be removed by the same authority, and who shall receive such salary as the governor general of india in council shall allow.

section 14. of the madras district police act : whenever any railway, canal, or other public work shall be carried on, or be in operation in any part of the country, and it shall appear to the inspectorgeneral that the appointment of an additional police force in such neighbourhood is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, it shall be lawful for the inspectorgeneral, with the consent of the governor in council, to direct the employment of such additional force, and to maintain the same so long as such necessity shall continue and to make orders from time to time upon the treasurer or other officer having the control or custody of the funds of any company carrying on such works, for the payment of the extra force so rendered necessary as aforesaid.

section 18. of the madras district police act : if any person being appointed a special police officer as aforesaid, shall without sufficient excuse neglect or refuse to serve as such, or to obey such lawful order or direction as may be given him for the performance of his duties, he shall be liable upon conviction before a magistrate to a fine not exceeding fifty rupees for such neglect, refusal, or disobedience.

section 12. of the madras district police act : there shall be deducted from the pay of every police officer of a class not entitled to the benefit of the uncovenanted service pension rules, a sum after such rate as the governor in council shall direct, not being a greater rate than one anna in the rupee which sum so deducted and also the monies accruing from stoppages from the pay of police officers during absence from sickness or other cause, and fines imposed on police officers for misconduct, and from fines imposed by magistrates and other upon drunken persons, or for assaults upon police officers, and all monies arising from the sale of worn or castoff clothing, or other articles supplied for the use of the police, or from any other miscellaneous sources which shall be permitted by the governor in council, shall from time to time be invested in such manner and in such securities as the governor in council may direct, and the interest and dividends thereof, or so much of the same as shall not be required for the purposes herein mentioned, shall be likewise in vested as aforesaid, and accumulate, so as to form a fund to be called the police superannuation fund and shall be applied from time to time to the payment of superannuation or retiring allowances, or gratuities, under such rules as may be passed by the said governor in council : proviso.provided always that any police officer may be dismissed or removed without superannuation allowance and that no police officer shall be entitled or right to any allowance from this fund or shall retain any right to a refund of any deduction made from him pay while he may have been a police officer.

section 13. of the madras district police act : it shall be lawful for the inspectorgeneral of police, or any district superintendent, if they shall think fit, on the application of any person showing the necessity thereof, to depute any additional number of police officers to keep the peace at any place within the general police district, at the charge of the person making the application, but subject to the orders of the said inspectorgeneral or district superintendent and for such time as they shall think fit provided alays that it shall be lawful for the person on whose application such deputation shall have been made, on giving one months notice in writing to the inspectorgeneral or district superintendent, to require that the officers so appointed shall be discontinued: such person shall be relieved from the charge of such additional force from the expiration of such notice.

section 20. of the madras district police act : farm and after the passing of this act, every person, not being, or having ceased to be, a duly enrolled police officer, who shall unlawfully assume any function or power belonging to the police and who shall not forthwith deliver up his certificate, and all the clothing, accoutrements, and appointments, and other necessaries which may have been supplied to him for the execution of his duty or who shall have in his possession any distinctive article of the dress or appointment directed to be worn exclusively by the police force, without being able to account satisfactorily for his possession thereof or who shall put on the dress of any police officer, or any dress designed to represent it, or to be taken for it or who shall otherwise personate the character of act the part of any police officer for any purpose whatever shall, in addition to any other punishment to which he may be liable for any offence committed under the assumed character, be liable on conviction before a magistrate to a penalty not exceeding two hundred rupees, or to imprisonment, with or without herd labor, for a period not exceeding six months, or both.

section 15. of the madras district police act : all monies paid in respect of such additional force ad is mentioned in the two last preceding sections, shall be paid into a fund to be called the general police fund, and shall be applied to the maintenance of the police force under such orders as the governor in council may pass and all sums of money payable under those sections shall be recoverable by suit in any competent court or by distress and sale of the goods of the defaulter under the warrant of a magistrate.

section 22. of the madras district police act : it shall be the duty of every police officer, and he is hereby authorized, to arrest without warrant 1. person charged with or suspected of grave crimes.any person who is charged on credible information, or whom he has reasonable ground to suspect of having been concerned in any grave or forcible crime or outrage. 2. persons charged with aggravated assault recently committed.any person who is charged with committing an aggravated assault in every case in which he shall have good reason to believe that such assault has been committed, although not in his view, and that by reason of the recent commission of the offence a warrant could not have been issued. 3. persons committing a breach of the peace.any person committing, or attempting to commit, any breach of the peace in his view, and who refuses to desist on being required thereto. 4. persons found injuring public buildings, c.any person found injuring the public buildings, roads, tanks, and water channels, or committing any offence punishable by law. . proviso.provided always that where such offence is of a slight and petty nature, it shall not be necessary for the police officer to arrest, if, from the circumstances of the case, there is no reason to apprehend that the party will abscond. 5. vagrants and suspicious persons.any vagrant whom he shall find disturbing the public peace, or whom he shall have good cause to suspect of having committed, or being about to commit a crime all persons whose name and residence is unknown, or whom he may find by night lying or loitering in any highway, road, or other place, and who, in either case, are unable to give a satisfactory account of themselves. 6. persons assaulting police officer.any person who assaults, resists, or obstructs such police officer in the execution of his duty or aids or excites others so to do. 7. persons escaping from legal custody.all persons who, having been in legal custody, shall have escaped therefrom. 8. persons charged with an offence, refusing to give name.all persons who are charged with having done any injury or damage to the person or property of another, and who refuse to give their name and residence, or who give one which there is ground to believe to be false, may be detained solely for the purpose of ascertaining such name and residence, with a view to future proceedings.

section 16. of the madras district police act : when it shall appear that any tumult, riot, or outrage has taken place, or may be reasonably apprehended in any place, and that the ordinary officers appointed for preserving of the inhabitants, and the security of property in such place, it shall be lawful for any police officer not below the rank of inspector to apply to the nearest magistrate to appoint so many of the public or village servants, or residents of the neighbourhood, as such police officer may require to act as special police officers for such time and in such manner as he shall deem necessary and it shall be the duty of such magistrate at once to comply with such applications.

section 17. of the madras district police act : every special police officer so appointed shall have the same powers, privileges, and protection, and be liable to all such duties and penalties, and be subordinate to the same authorities as the ordinary officers of police.

section 23.persons arrested without warrant to be taken to station house until brought before magistrate or bailed of the madras district police act : every person taken into custody by any police officer, without warrant, except persons detained for the mere purpose of ascertaining their name and residence, shall forthwith be delivered into the custody of the police officer in charged of a station house, in order that such person may be secured until he brought before a magistrate to be dealt with according to law, or may give bail for his appearance before a magistrate, if the officer in charge shall deem it prudent to take bail as hereinafter mentioned proviso.provided always that, where bail is not taken, the prisoner shall be brought before a magistrate within twentyfour hours, unless circumstances render delay unavoidable.

section 26. of the madras district police act : every recognizance so taken shall be without fee or reward and shall be conditioned for the appearance of the person there by bound before a magistrate at such time and place as may be required, and the time and place of appearance, and the sum thereby acknowledged, not exceeding one thousand rupees, shall be specified in the said recognizance, or in the condition thereof and the officer taking the recognizance shall return the same forthwith to the magistrate present at the time and place when and where the party is bound to appear.

section 19. of the madras district police act : no police officer shall be at liberty to resign his office, or withdraw himself from the duties thereof, unless expressly allowed to do so in writing by the district superintendent or unless he shall have given to his superior officer two months notice in writing of his intention to do so. nor shall any such police officer engage in any employment or office whatever, other than his duties under this act, unless expressly permitted to do so in writing under the seal of the inspectorgeneral.

section 21. of the madras district police act : every police officer shall, for all purposes in this act contained, be considered to be always on duty and shall have the powers of a police officer in every part of the general police district. it shall be his duty to use his best endeavours and ability to prevent all crimes, offences, and public nuisances to preserve the peace to apprehend disorderly and suspicious character to detect and bring offenders to justice to collect and communicate intelligence affecting the public peace and promptly to obey and execute all orders and warrants lawfully issued to him.

section 29. of the madras district police act : every police officer, not below the grade of inspector, shall be an inspector of weights and measures, and may enter any shop or premises for the purpose of inspecting the weights and measures and instruments for weighing kept or used therein, and may seize any weight, measure, or instrument for weighing, which he may have reason to believe is false.

section 24. of the madras district police act : whenever any person shall be brought in custody, without a warrant, to any station house, at a time when he cannot at one be sent before a magistrate, and shall be charged with any bailable offence, or with any unbailable offence of which it shall appear to the officer in charge of the station house that the prisoner is falsely accused, it shall be lawful for such police officer to release the accused on bail or on his own recognizance to appear before the magistrate when required.

section 25. of the madras district police act : it shall be lawful for every police officer in charge of a station, or other superior officer of police, to bind by recognizance any person to appear as prosecutor or as a witness before the magistrate by whom any grave charge in being or is about to be investigated and if any such prosecutor or witness shall refuse to execute such recognizance, it shall be competent to such officer to forward the person in custody to the magistrates court.

section 27. of the madras district police act : if from the absence of witnesses, or from any other reasonable cause, it shall become necessary or advisable to defer the examination of any case, or the further examination of any witnesses, it shall be lawful for any magistrate form time to time by his warrant to remand the accused to the custody of any police officer, for such time as he shall deem necessary and reasonable, not exceeding eight clear days, to be secured in any station house or jail or to be otherwise detained in custody as to the said magistrate shall appear expedient: proviso. provided always that any such magistrate may order such accused party to be brought before him at any time or place before the expiration of the time for which such accused party shall have been remanded or may discharge such accused party on his recognizances, with or without sureties, conditioned for his appearance at the time and place appointed for such further examination.

section 33. of the madras district police act : where any such warrant, order, or process shall be directed or delivered to any of the said officers, unless it be necessary for the due execution thereof that such warrant be executed without delay, the person receiving it shall deliver the same to any officer authorized for that purpose, who shall take charge of it, and appoint by endorsement thereon one or more police officers to execute the same, or endorse it to any other officer for a like purpose and every police officer whose name shall be so endorsed thereon shall be so endorsed thereon shall have the same powers, privileges, and protection as if the same had originally been directed to him by name proviso. provided also that every such process shall be executed with all secrecy and dispatch and shall have full force in any part of the madras presidency except within the limits of the supreme court, without further formality or local endorsement and that all police authorities shall every where be assisting in the execution of such process.

section 28. without a warrant. of the madras district police act : it shall be lawful for any police officer without a warrant to enter and inspect all drinking shops gaming houses and other resorts of loose and disorderly characters all premises of persons suspected of receiving stolen property any locality vessel boat or conveyance in any part of which places he shall have just cause to believe that crime has been or is about to be committed or which he reasonably suspects to contain stolen property and then and there to take all necessary measures for the effectual prevention and detection of crime and to take charge of all property reasonably suspected to have been stolen and of all articles or things which may serve as evidence of the crime supposed to have been committed.

section 35. of the madras district police act : a magistrate may, without issuing any summons, forthwith issue his warrant to bring before him any person charged with an offence cognizable by him, or whose attendance it may for any reason be necessary to enforce, whenever it shall appear probable that such person will not attend unless compelled so to do

section 30. of the madras district police act : no police officer shall receive any complaint of any petty offence or take into his custody any person brought to him accused of such petty offences, trespass, assault, quarrelling, or the like and it shall be lawful for any police officer to refuse to receive any charge of an offence of a grave character, if he shall on enquiry made of the complainant alone, see good grounds for doubting its truth: proviso. provided always that, if the charge be not of such a nature as under ordinary circumstances would justify the police officer in refusing to receive it, the particular reasons for refusing it are to be recorded by such officer at the time.

section 31. of the madras district police act : it shall be lawful for any police officer to lay any information before the magistrate, and to apply for summons, warrant, search warrant, or such other legal process as may by law issue and may be expedient under the circumstances, against any person committing an offence against any law or enactment, or against any regulation for the protection of the revenue, or against any person committing or falling to remove any public nuisance or unwarrantable obstructions, keeping disorderly houses, harbouring thieves, disturbing the peace, obstructing the due course of justice, and the like, and to prosecute such offenders up to final judgment proviso.provided always that any rewards, forfeitures, and penalties, or shares of rewards, forfeitures, or penalties, which by law are payable to informers, and all costs of prosecution which may by any enactment be awarded to the prosecutor, shall be paid into the general police fund.

section 38. of the madras district police act : after arrest the prisoner shall not be subjected to any more restraint than such as may be necessary to prevent his escape.

section 32. to be executed by officers of the police force. of the madras district police act : from and after the passing of this act, all summonses, warrants, search warrants, warrants of commitment for trial, or orders for the escort and conveyance of prisoners, and all other processes issued by any officer in any criminal proceeding, shall be directed and delivered to officers of the police alone and such processes shall be served and executed by them and none others.

section 34. of the madras district police act : every summons, notice, or other criminal process may be served on the party named personally, or be left with some adult male member of his family, or a copy thereof may be affixed on some adult male member of his family, or a copy thereof party failing or neglecting to obey such summons or notice duly served, shall be liable, at the discretion of the magistrate or court that issued the process, to a penalty not exceeding ten rupees unless such person shall be able to prove that he was prevented by unavoidable accident or other satisfactory cause from obeying such summons, notice, or the like.

section 36. of the madras district police act : a police officer executing a warrant of arrest shall notify the substance of the warrant, and if required so to do shall show the warrant.

section 41. of the madras district police act : after arrest made, the police officer executing the warrant shall without unnecessary delay bring the person arrested before the magistrate or other authority described in the warrant.

section 37. of the madras district police act : in making an arrest, the police officer executing the warrant shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by ward or action.

section 44. of the madras district police act : every policeofficer who shall be guilty of any violation of duty or wilful breach of any lawful orders and regulations not punishable under section x of this act or who shall cease to perform the duties of his office without leave, or without having given two months notice as provided by this enactment, or engage without authority in any employment other than his police duty, or who shall maliciously and without probable cause prefer any false, vexatious or frivolous charge or information against any individual, or who shall knowingly and wilfully and with evil intent exceed his powers, or shall be guilty of any wilful and culpable neglect of duty, in not bringing any person who shall be in his custody without a warrant before a magistrate as provided by law, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction, before a magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour not exceeding three months or both.

section 39. of the madras district police act : any police officer authorized by a warrant to arrest a person accused of any offence for which a warrant may issue on complaint, may break open any outer or inner door or window of a dwelling house, whether that of the person accused or of any other person, in order to execute such warrant, if, after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance

section 40. of the madras district police act : if information be received that a person accused of any offence for which a warrant may issue, has concealed himself in a zenanah or female apartment in the actual occupancy of women, the officer employed to execute the warrant shall take such precautions as may be necessary to prevent the escape of the accused and if such person shall not deliver himself up, the police officer authorized to execute the warrant, may break open the zenanah, and execute the process intrusted to him giving notice at the same time to any woman in the zenanah that she is at liberty to withdraw.

section 47. of the madras district police act : if any person shall assault or resist any police officer in the execution of his duty or shall aid or incite any other person so to do or shall maliciously and without probable cause prefer any false or frivolous charge against any policeofficer, such person shall, on conviction of such offence before any magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment, with or without hard labour, not exceeding three months, or both.

section 42. of the madras district police act : no police officer shall offer to the person arrested any in ducement, by threat or promise or otherwise, to make any disclosure. but no police officer shall prevent the person arrested, by any caution or otherwise, from making any disclosure which he may be disposed to make of his own free will.

section 43. penalty for refusal to assist. of the madras district police act : if any police officer shall at any time find himself unable to effect an arrest, it shall be lawful for him to require any and every person present to assist and aid him in making the arrest and any person who shall refuse or neglect to comply with such requisition, shall be liable, on conviction before a magistrate, to a fine not exceeding fifty rupees, or to imprisonment for a period not exceeding three months, or both.

section 46. of the madras district police act : any police officer who shall directly or indirectly extort, extract, seek, or obtain any bribe or unauthorized reward or consideration, by any illegal threat or pretence, or for doing or omitting or delaying to do any act which it may be his duty to do or to cause to be done, or for withholding or delaying any information which he is bound to afford or to communicate, or who shall attempt to commit any of the offences above said, or shall be guilty of cowardice, shall be liable, upon conviction before a magistrate, to a fine not exceeding twelve months pay, or to imprisonment with or without hard labor not exceeding twelve months, or both: proviso.provided always that nothing in the three last preceding sections shall be deemed to preclude the magistrate from committing for trial any cases of this nature too serious for his cognizance.

section 50. of the madras district police act : in all cases of convictions under this act, the magistrate trying the case shall be restrained within the limits of his ordinary jurisdiction as to the amount of fine or imprisonment he may inflict proviso provided always that such charges against police officers above the rank of a private shall only be adjudicated on by european functionaries, and that village watchers alone shall be liable to conviction by heads of villages.

section 45. of the madras district police act : any policeofficer who shall on any pretext, or under any circumstances, directly or indirectly collect or receive any fee, gratuity, dietmoney allowance or recompense, other than he may be duly authorized by the inspectorgeneral or other officer acting under his order to collect or receive shall, on conviction before a magistrate be liable to a penalty not exceeding six months pay, or to imprisonment, with or without hard labour, not exceeding six months or both.

section 51. of the madras district police act : nothing contained in this act shall be construed to prevent any person from being prosecuted for any offence made punishable on conviction by this act or to prevent any person from being liable under any other law, regulation, or act to any other or higher penalty or punishment than is provided for such offence by this act. proviso. provided always that no person shall be punished twice for the same offence.

section 48. obstructions and nuisances in roads. of the madras district police act : any person who in any street, road, thoroughfare, or passage, within the limits of any town, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, or damage of the residents and passengers, shall, on conviction before a magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment not exceeding eight days and it shall be lawful for any police officer to take into custody without warrant any person who within view commits any such offence. first. slaughtering cattle, furious riding, c. any person who shall slaughter any cattle or clean any carcase in the streets any person riding or driving any cattle recklessly and furiously, or training or breaking any horse or other cattle on or near any public road, to the danger of the passers: second. cruelty to animals.any person who wantonly or cruelly abuses or tortures any animal: third. obstructing passengers.any person who shall keep any cattle, or conveyance of any kind standing in any road or street longer than is required for loading or unloading, or for taking up or setting down passengers or who shall leave any conveyance in such a manner as to cause inconvenience or danger to the public. fourth. exposing goods for sale on road.any person exposing goods for sale on the road so as to obstruct passengers: fifth. throwing dirt into street.any person who throws or lays down any dirt, filth, rubbish, or any stones or building materials or who constructs any pial, cowshed, stable, or the like within the bounds of any thoroughfare or who causes any offensive matter to run from any house, factory, dung heap, or the like into the street: sixth. being found drunk in any thoroughfare.any person found in any thoroughfare drunk and riotous or incapable of taking care of himself. seventh. indecent exposure person.any person who willfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself in or by the side of, or near any public street or thoroughfare or by bathing or washing in any tank or reservoir, not being a place set apart for that purpose: eighth. neglect to protect dangerous places.any person who neglects to fence in or duly to protect any well, tank, or other dangerous place or structure.

section 53. of the madras district police act : all actions and prosecutions against any person, which may be lawfully brought for any thing done or intended to be done, under the provisions of this act, or under the general police powers hereby given, shall be commenced within three months after the act complained of shall have been committed, and not otherwise and notice in writing of such action and of the cause thereof, shall be given to the defendant or to the superintendent or other superior officer of the district in which the act was committed, one month at least before the commencement of the action and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action, brought by or on behalf of the defendant and though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have cost against the defendant unless the judge, before whom the trial shall be, shall certify his approbation of the action: proviso. provided always that no action shall, in any case lie where such officers shall have been prosecuted criminally for the same act.

section 49., and of carriages and persons at places of public resort. of the madras district police act : the superintendent and superior officers of police may, as occasion requires, direct the conduct of all assemblies and processions in the public roads, streets, or thoroughfares, prescribe the routes by which, and the times at which such processions may pass keep order in the public roads, streets, thoroughfares, ghauts, and landing places, and all other places of public resort, and prevent obstructions on the occasion of such assemblies and processions and in the neighbourhood of places of worship during the time of public worship, and in any case when the roads, streets or, thoroughfares, ghauts or landing places, may be thronged, or may be liable to be obstructed they may also regulate the use of music in the streets, on the occasion of native festivals and ceremonies and may direct all crowds of twelve or more persons to disperse, when they have direct all crowds of twelve or more persons to disperse, when they have reason to apprehend any breach of the peace and every person opposing, or not obeying the orders so issued as aforesaid, or violating the conditions of such license, shall be liable to a fine not exceeding one hundred rupees. provided always that nothing in this section contained shall be deemed to interfere with the general control of the magistrate over such matters.

section 55. of the madras district police act : this act shall take effect in any and every such district as the governor in council shall by notification published in the official gazette.

section 52. of the madras district police act : all fines and penalties imposed, and all sums of money recoverable under the authority of this act, may, in case of nonpayment thereof, be levied by distress and sale of the goods and chattels of the offender by warrant of the magistrate, in manner provided by act ii of .th

section 54. of the madras district police act : when any action, prosecution, or proceeding shall be brought against any policeofficer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a magistrate and such plea shall be proved by the production of the warrant directing the act and purporting to be signed by a magistrate. and the defendant shall, thereupon, be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such magistrate. and no proof of the signature of such official shall be necessary, unless the court shall see reason to doubt it being genuine: proviso. provided always that any remedy which the party may have against the authority issuing such warrant shall remain entire.

section 8. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person claiming to be the creator of a layoutdesign, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his layoutdesign. 2 every application under subsection 1 shall be filed in the office of the semiconductor integrated circuits layoutdesign registry within whose territorial limits the principal place of business in india of the applicant or in the case of joint application the principal place of business in india of the applicant whose name is first mentioned in the application, as having a place of business in india, is situate: provided that, where the applicant or any of the joint applicant does not carry on business in india, the application shall be filed in the office of the semiconductor integrated circuits layoutdesign registry within whose territorial limits the place mentioned in the address for service in india as disclosed in the application is situate. 3 subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments or modifications, as he may think fit.

section 7. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 a layoutdesign a which is not original or b which has been commercially exploited anywhere in india or in a convention country or c which is not inherently distinctive or d which is not inherently capable of being distinguishable from any other registered layoutdesign, shall not be registered as a layoutdesign: provided that a layoutdesign which has been commercially exploited for not more than two years from the date on which an application for its registration has been filed either in india or in a convention country shall be treated as not having been commercially exploited for the purposes of this subsection. 2 a layoutdesign shall be considered to be original if it is the result of its creators own intellectual efforts and is not commonly known to the creators of layoutdesigns and manufacturers of semiconductor integrated circuits at the time of its creation: provided that a layoutdesign consisting of such combination of elements and interconnections that are commonly known among creators of layoutdesigns and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creators own intellectual efforts. 3 where an original layoutdesign has been created in execution of a commission or a contract of employment, the right of registration to such layoutdesign under this act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer.

section 1. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 this act may be called the semiconductor integrated circuits layoutdesign act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st may, ss. 3 and 5, vide notification no. s.o. 278e, dated 12th february, , see gazette of india, extraordinary, part ii, sec. 3ii. 15th january, ss. 93 and 94, vide notification no. s.o. 84e, dated 10th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 9. of the semiconductor integrated circuits layoutdesign act : show related subordinates where after the acceptance of an application for registration of layoutdesign, but before its registration, the registrar is satisfied that the layoutdesign is prohibited of registration under section 7, the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

section 2. of the semiconductor integrated circuits layoutdesign act : show related subordinates in this act, unles the context otherwise requires, a appellate board means the appellate board established under section 32 b assignment means an assignment in writing by act of the parties concerned c bench means a bench of the appellate board d chairperson means the chairperson of the appellate board e commercial exploitation, in relation to semiconductor integrated circuits layoutdesign, means to sell, lease, offer or exhibit for sale or otherwise distribute such semiconductor integrated circuit for any commercial purpose f convention country means a country notified as such under section 93 g judicial member means a member of the appellate board appointed as such under this act, and includes the chairperson or such vicechairperson who possesses any of the qualifications specified in subsection 3 of section 34 h layoutdesign means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit i member means a judicial member or a technical member of the appellate board and includes the chairperson and the vicechairperson j notify means to notify in the semiconductor integrated circuit journal published by the registrar k prescribed means prescribed by rules made under this act l register means the register of layoutdesigns referred to in section 6 m registered with its grammatical variations means registered under this act n registered layoutdesign means a layoutdesign which is actually on the register o registered proprietor, in relation to a layoutdesign, means the person for the time being entered in the register as proprietor of the layoutdesign p registered user means a person who is for the time being registered as such under section 25 q registrar means the registrar of semiconductor integrated circuits layoutdesign referred to in section 3 r semiconductor integrated circuit means a product having transistors and other circuitry elements which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function s technical member means a member of the appellate board who is not a judicial member and includes the chairperson or such vicechairperson who possesses any of the qualifications specified in subsection 4 of section 34 t transmission means transmission by operation of law, devolution on the personal representation of a deceased person or any other mode of transfer not being assignment u vicechairperson means the vicechairperson of the appellate board v any reference to the semiconductor integrated circuits layoutdesign registry shall be construed as including a reference to any office of the semiconductor integrated circuits layoutdesign registry.

section 6. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 for the purposes of this act, a record called the register of layoutdesigns shall be kept at the head office of the semiconductor integrated circuits layoutdesign registry wherein shall be entered all registered layoutdesigns with the names, addresses and descriptions of the proprietor and such other matters related to the registered layoutdesigns as may be prescribed. 2 subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the registrar. 3 there shall be kept at each branch office of the semiconductor integrated circuits layoutdesign registry a copy of the register and other documents as the central government may, by notification in the official gazette, direct. rules notifications yeardescriptionfiles the semiconductor integrated circuits layoutdesign rules, yeardescriptionfiles s.o. 746e dated 11th april,

section 3. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the central government may, by notification in the official gazette, appoint a person to be known as the registrar of semiconductor integrated circuits layoutdesign for the purposes of this act. 2 the central government may appoint such other officers with such designation as it thinks fit for the purpose of discharging, under the superintendence and direction of the registrar, such functions of the registrar under this act as he may from time to time authorise them to discharge.

section 4. of the semiconductor integrated circuits layoutdesign act : show related subordinates without prejudice to the generality of the provisions of subsection 2 of section 3, the registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said subsection 2 and deal with such matter himself either de novo or from the stage it was so withdrawn or transferred the same to another officer so appointed who may subject to the special direction in the order of transfer deal with the matter either de novo or from the stage it was so transferred.

section 11. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person may, within three months from the date of the advertisement or readvertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the registrar, on application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the registrar of opposition to the registration. 2 the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application and if he does not do so, he shall be deemed to have abandoned his application. 3 if the applicant sends such counterstatement, the registrar shall serve a copy thereof on the person giving notice of opposition. 4 any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the registrar, the registrar shall give an opportunity to them to be heard, if they so desire. 5 the registrar shall, after hearing the parties, if so required, and considering the evidence, decide, after taking into account any ground of objection whether relied upon by the opponent or not. 6 when a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceedings before him and, in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned.

section 5. of the semiconductor integrated circuits layoutdesign act : 1 for the purposes of this act, there shall be established a registry which shall be known as the semiconductor integrated circuits layoutdesign registry. 2 the head office of the semiconductor integrated circuits layoutdesign registry shall be at such place as the central government may specify and for the purposes of facilitating the registration of layoutdesigns, there may be established, at such places as the central government may think fit, branch offices of the semiconductor integrated circuits layoutdesign registry. 3 the central government may, by notification in the official gazette, define the territorial limits within which an office of the semiconductor integrated circuits layoutdesign registry may exercise its functions. 4 there shall be seal of the semiconductor integrated circuits layoutdesign registry.

section 16. of the semiconductor integrated circuits layoutdesign act : show related subordinates no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered layout design.

section 10. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 when an application for registration of a layoutdesign has been accepted, the registrar shall, within fourteen days after the date of acceptance, cause the application as accepted to be advertised in the prescribed manner. 2 where after advertisement of an application a an error in the application has been corrected or b the application has been permitted to be amended under section 12, the registrar may in his discretion cause the application to be advertised again or, in any case falling under clause b, may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.

section 12. of the semiconductor integrated circuits layoutdesign act : show related subordinates the registrar may on such terms as he thinks just a at any time, whether before or after acceptance of an application for registration under section 8, permit the correction of any error in or in connection with the application or permit an amendment of the application or b permit correction of any error in, or an amendment of, a notice of opposition or a counterstatement under section 11.

section 18. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 a registered layoutdesign is infringed by a person who, not being the registered proprietor of the layoutdesign or a registered user thereof, a does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registered layoutdesign in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning subsection 2 of section 7 b subject to the provisions of subsection 5, does any act of importing or selling or otherwise distributing for commercial purposes a registered layoutdesign or a semiconductor integrated circuit incorporating such registered layoutdesign or an article incorporating such a semiconductor integrated circuit containing such registered layoutdesign for the use of which such person is not entitled under this act. 2 notwithstanding anything contained in section 17, subsection 1 or subsection 5, the performance of the act of reproduction referred to in clause a of subsection 1, where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause. 3 where a person, on the basis of scientific evaluation or analysis of a registered layoutdesign, creates another layoutdesign which is original within the meaning of subsection 2 of section 7, that person shall have the right to incorporate such another layoutdesign in a semiconductor integrated circuit or to perform any of the acts referred to in subsection 1 or subsection 5 in respect of such another layoutdesign and such incorporation or performance of any act shall not be regarded as infringement within the meaning of subsection 1. 4 where a layoutdesign is created by the process of scientific evaluation or analysis of the registered layoutdesign as referred to in subsection 3, the use of such layoutdesign by the proprietor of such registered layoutdesign shall be regarded as infringement within the meaning of subsection 1 after the date of registration of such layoutdesign under this act. 5 notwithstanding anything contained in clause b of subsection 1, the performance of any of the acts referred to in that clause by a person shall not be regarded as infringement within the meaning of that clause if such act is performed or directed to be performed in respect of a semiconductor integrated circuit incorporating a registered layoutdesign or any article incorporating such a semiconductor integrated circuit where such person does not possess any knowledge or has no reasonable ground to know while performing or directing to be performed such act in respect of such semiconductor integrated circuit or article that it incorporated a registered layoutdesign but after the time when such person has received notice of such knowledge, he may continue to perform or directing to be performed such act in respect of the stock on hand or ordered before such time and, then, he shall be liable to pay the proprietor of the registered layoutdesign a sum by way of royalty to be determined by negotiation between registered proprietor of the registered layoutdesign and that person or by the appellate board having regard to the benefit accrued to such person by performing or directing to be performed such act in respect of such semiconductor integrated circuit or article, as the case may be. 6 where any other person purchases a semiconductor integrated circuit incorporating a registered layoutdesign or any article incorporating such a semiconductor integrated circuit referred to in subsection 5 from a person referred to in that subsection, then, such other person shall be entitled to the immunity from infringement in respect of that semiconductor integrated circuit or article, as the case may be, to the extent and in the manner as if the word person referred in that subsection includes the word any other person referred in this subsection. 7 nothing contained in clause b of subsection 1 shall be construed as constituting an act of infringement where any person performs any of the acts specified in that clause with the written consent of the registered proprietor of a registered layoutdesign or within the control of the person obtaining such consent, or in respect of a registered layoutdesign or a semiconductor integrated circuit incorporating a registered layoutdesign or any article incorporating such a semiconductor integrated circuit, that has been put on the market by or with the consent of the registered proprietor of such registered layoutdesign. 8 notwithstanding anything contained in this act, where any person by application of independent intellect has created a layoutdesign which is identical to a registered layoutdesign, then, any act of such person in respect of the layoutdesign so created shall not be the infringement of the registered layoutdesign.

section 14. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 save as provided in subsection 2, nothing in this act shall authorise the registration of two or more persons who claim to be the creator of a layoutdesign. 2 where the relation between two or more persons claiming to be the creator of layoutdesign are such that a both of them or all of them have put the combined intellectual effort in creating such design or b in relation to the creation of such layoutdesign both of them or all of them are connected in such manner that intellectual effort of each of them are not distinguishable in creation of such layout design, those persons may be registered as joint proprietor of the layoutdesign and this act shall have effect in relation to any right to the use of the layoutdesign vested in those persons as if in those rights vested in a single person.

section 13. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 subject to the provisions of section 9, when an application for the registration of the layoutdesign has been accepted and either a the application has not been opposed and time for notice of opposition has expired or b the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall register the said layoutdesign in the register and the layoutdesign shall be registered as of the date of the making of the said application and that date shall be deemed to be the date of registration. 2 on the registration of a layoutdesign, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the semiconductor integrated circuits layoutdesign registry. 3 where registration of a layoutdesign is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. 4 the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.

section 15. of the semiconductor integrated circuits layoutdesign act : show related subordinates the registration of a layoutdesign shall be only for a period of ten years counted from the date of filing an application for registration or from the date of first commercial exploitation anywhere in india or in any country whichever is earlier.

section 17. of the semiconductor integrated circuits layoutdesign act : show related subordinates subject to the other provisions of this act, the registration of a layoutdesign shall, if valid, give to the registered proprietor of layoutdesign the exclusive right to the use of the layoutdesign and to obtain relief in respect of infringement in the manner provided by this act. explanation.for removal of doubts, it is hereby declared that the rights conferred by the registration of a layoutdesign shall be available to the registered proprietor of that layoutdesign irrespective of the fact as to whether the layoutdesign is incorporated in an article or not.

section 19. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 in all legal proceedings relating to a layoutdesign registered under this act including application under section 30, the original registration of the layoutdesign and all subsequent assignments and transmissions of layoutdesign shall be prima facie evidence of the validity thereof. 2 in all legal proceedings as aforesaid, a registered layoutdesign shall not be held to be invalid on the ground that it was not a registerable layoutdesign under section 7 except upon evidence of originality and that such evidence was not submitted to the registrar before registration.

section 26. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 without prejudice to the provisions of section 30, the registration of a person as registered user a may be cancelled by the registrar on application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the layoutdesign b may be cancelled by the registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely: i that the registered user has used the layoutdesign otherwise than in accordance with the agreement under clause a of subsection 1 of section 25 ii that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user iii that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user iv that the registration ought not to have been effected having regard to right vested in the applicant by virtue of a contract in the performance of which he is interested c may be cancelled by the registrar on his own motion or on the application in writing in the prescribed manner by any person on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the topographical dimensions of the layout design is either not being enforced or is not being complied with d may be cancelled by the registrar if the layoutdesign is no longer registered. 2 the registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user not being the applicant of the layoutdesign. 3 the procedure for cancelling a registration shall be such as may be prescribed: provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard.

section 20. of the semiconductor integrated circuits layoutdesign act : show related subordinates the person for the time being included in the register as proprietor of a layoutdesign shall, subject to the provisions of this act and to any right appearing from the register to be vested in any other person, have power to assign the layoutdesign, and to give effectual receipts for any consideration for such assignment.

section 21. of the semiconductor integrated circuits layoutdesign act : show related subordinates notwithstanding anything in any other law to the contrary, a registered layoutdesign shall, subject to the provisions of this chapter, be assignable and transmissible whether with or without the goodwill of the business concerned.

section 22. of the semiconductor integrated circuits layoutdesign act : show related subordinates where an assignment of a registered layoutdesign is made otherwise than in connection with the goodwill of business in which such layoutdesign has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the registrar may allow, apply to the registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the registrar may direct.

section 27. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause a of subsection 1 of section 25 continues to be in force. 2 if the registered proprietor fails to furnish the confirmation within one month as required under subsection 1, the registered user shall cease to be the registered user on the day immediately after the expiry of said period and the registrar shall notify the same.

section 23. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 where a person becomes entitled by assignment or transmission to a registered layoutdesign, he shall apply in the prescribed manner to the registrar to register his title, and the registrar shall, on receipt of the application and on proof of his title to his satisfaction, register him as the proprietor of the layoutdesign and shall cause particulars of the assignment or transmission to be entered on the register: provided that where the validity of an assignment of transmission is in dispute between the parties, the registrar may refuse to register the assignment or transmission until the rights of the party have been determined by a competent court. 2 except for the purpose of an application before the registrar under subsection 1 or an appeal from an order thereon, or an application under section 30 or an appeal from an order thereon, a document or instrument in respect of which no entry has been made in the register in accordance with subsection 1, shall not be admitted in evidence by the registrar or the appellate board or any court in proof of title to the layoutdesign by assignment or transmission unless the registrar or the appellate board or the court, as the case may be, otherwise directs.

section 24. of the semiconductor integrated circuits layoutdesign act : show related subordinates subject to the provisions of section 25, a person other than the registered proprietor of a layoutdesign may be registered as a registered user thereof.

section 25. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 where it is proposed that a person should be registered as a registered user of a layoutdesign, the registered proprietor and the proposed registered user shall jointly apply in writing to the registrar in the prescribed manner and every such application shall be accompanied by a the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the layoutdesign and b an affidavit made by the registered proprietor or by some person authorised to the satisfaction of registrar to act on his behalf i giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which the relationship will confer and whether it is a term of their relationship that the proposed registered user shall be sole registered user or that there shall be any other restriction as to persons for whose registration as registered user application may be made ii stating the conditions or restrictions, if any, proposed with respect to the place of permitted use or any other matter iii stating whether the permitted use to be for a period or without limit of period, and, if for a period, the duration thereof and c such further documents or other evidence as may be required by the registrar or as may be prescribed. 2 where the requirement of subsection 1 have been complied with, the registrar shall register the proposed registered user. 3 the registrar shall issue notice in the prescribed manner of the registration of a person as a registered user to other registered users of the layoutdesign, if any. 4 the registrar shall, if so requested by the applicant, take steps of securing that information given for the purposes of an application under this section other than matters entered in the register is not disclosed to rivals in trade.

section 28. of the semiconductor integrated circuits layoutdesign act : show related subordinates subject to any agreement subsisting between the parties, a registered user may make complaint before the competent criminal court for the infringement in his own name as if he were the registered proprietor.

section 35. of the semiconductor integrated circuits layoutdesign act : the chairperson, vicechairperson or other member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains, a in the case of chairperson and vicechairperson, the age of sixtyfive years and b in the case of member, the age of sixtytwo years, whichever is earlier.

section 29. of the semiconductor integrated circuits layoutdesign act : show related subordinates nothing in this act shall confer on a registered user of a layoutdesign any assignable or transmissible right to the use thereof. explanation i.the right of a registered user of a layoutdesign shall not deem to have been assigned or transmitted within the meaning of this section in the following cases, namely: a where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned but in any such case the firm may use the layoutdesign, if otherwise in force, only for so long as the registered user is a member of the firm b where the registered user being a firm subsequently undergoes a change in its constitution but in any such case the reconstituted firm may use the layoutdesign, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. explanation ii.for the purposes of explanation i, firm has the same meaning as in the indian partnership act, 9 of .

section 30. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the appellate board or the registrar, as the case may be, may make such order for making, expunging or varying the entry as it may think it. 2 the appellate board or the registrar may in any proceedings under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. 3 the appellate board or the registrar, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in subsection 1. 4 any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice, rectify the register accordingly.

section 32. of the semiconductor integrated circuits layoutdesign act : the central government shall, by notification in the official gazette, establish an appellate board to be known as the layoutdesign appellate board to exercise the jurisdiction, powers and authority conferred on it by or under this act.

section 38. of the semiconductor integrated circuits layoutdesign act : 1 the chairperson, vicechairperson and any other member may, by notice in writing under his hand addressed to the president of india, resign his office: provided that the chairperson, vicechairperson or any other member shall, unless he is permitted by the president of india to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier. 2 the chairperson, vicechairperson or any other member shall not be removed from his office except by an order by the president of india on the ground of proved misbehaviour or incapacity after an enquiry made by a judge of the supreme court in which the chairperson, vicechairperson or other member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 3 the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairperson, vicechairperson or other member referred to in subsection 2.

section 33. of the semiconductor integrated circuits layoutdesign act : 1 the appellate board shall consist of a chairperson, vicechairperson, and such other members as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the appellate board may be exercised by a bench thereof. 2 subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member and shall sit at such place as the central government may, by notification in the official gazette, specify. 3 notwithstanding anything contained in subsection 2, the chairperson a may, in addition to discharging the functions of the judicial member or technical member of the bench to which he is appointed, discharge the function of the judicial member or, as the case may be, the technical member, of any other bench b may transfer a member from one bench to another bench c may authorise vicechairperson, the judicial member or the technical member appointed to one bench to discharge also the functions of the judicial member or the technical member, as the case may be, of another bench. 4 where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distribution of the business of the appellate board amongst the benches and specify the matters which may be dealt by each bench. explanation. for the removal of doubts, it is hereby declared that the expression matter includes an application or appeal under section 40 or section 42. 5 if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case including those who first heard it.

section 31. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the registrar may, on application made in the prescribed manner by the registered proprietor, a correct any error in the name, address or description of the registered proprietor of a layoutdesign, or any other entry relating to the layoutdesign b enter any change in the name, address or description of the person who is registered as proprietor of a layoutdesign c cancel the entry of a layoutdesign on the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. 2 the registrar may, on application made in the prescribed manner by a registered user of a layoutdesign, and after notice to the registered proprietor, correct any error, or enter any change in the name, address or description of the registered user.

section 34. of the semiconductor integrated circuits layoutdesign act : 1a person shall not be qualified for appointment as chairperson unless he a is, or has been, a judge of a high court or b has, for at least two years, held the office of a vicechairperson. 2 a person shall not be qualified for appointment as a vicechairperson, unless he a has, for at least two years, held the office of a judicial member or a technical member or b has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years. 3 a person shall not be qualified for appointment as a judicial member unless he a has been a member of the indian legal service and has held the post in grade i of that service for at least three years or b has, for at least ten years, held a civil judicial office. 4 a person shall not be qualified for appointment as a technical member, unless he possesses a masters degree in physics or bachelors degree in electronics engineering or electrical engineering or computer engineering from an university or institution established under law for the time being in force and has held a post equivalent to the post of joint secretary to the government of india or any higher post for at least five years and possesses at least five years experience in the area of semiconductors. 5 subject to the provisions of subsection 6, the chairperson, vicechairperson and every other member shall be appointed by the president of india. 6 no appointment of a person as the chairperson shall be made except after consultation with the chief justice of india.

section 36. of the semiconductor integrated circuits layoutdesign act : 1 in the event of occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the vicechairperson and in his absence the seniormost member shall act as chairperson until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 2 when the chairperson in unable to discharge his functions owing to his absence, illness or any other cause, the vicechairperson and in his absence the seniormost member shall discharge the functions of the chairperson until the date on which the chairperson resumes his duty.

section 40. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the registered proprietor of a registered layoutdesign may make an application to the appellate board for determination of royalty under subsection 5 of section 18. 2 every application under subsection 1 shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed. 3 on receipt of an application under subsection 1, the appellate board shall, after giving notice to the opposite party to file opposition within the prescribed time and manner and after giving opportunity of being heard to the applicant and the opposite party, dispose of the application. 4 an order or decision made by the appellate board in disposing of the application under subsection 3 shall be executable by a civil court having local jurisdiction as if it were a decree made by that court.

section 37. of the semiconductor integrated circuits layoutdesign act : 1 the salaries and allowance payable to, and other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairperson, vicechairperson and other members shall be such as may be prescribed. 2 notwithstanding anything contained in subsection 1, a person who, immediately before the date of assuming office as the chairperson, vicechairperson or other member, was in service of government shall be deemed to have retired from service on the date on which he enters upon as the chairperson, vicechairperson or other member, as the case may be.

section 39. of the semiconductor integrated circuits layoutdesign act : 1 the central government shall determine the nature and categories of the officers and other employees required to assist the appellate board in the discharge of its functions and provide the appellate board with such officers and other employees as it may think fit. 2 the salaries and other allowances and conditions of service of the officers and other employees of the appellate board shall be such as may be prescribed. 3 the officers and other employees of the appellate board shall discharge their functions under the general superintendence of the chairperson in the manner as may be prescribed.

section 41. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person may make an application, in the prescribed form accompanied by prescribed fee, to the appellate board for cancellation of the registration of a layoutdesign registered under this act or registration of assignment or transmission relating thereto, as the case may be, on the ground that a in the case of the registration of a layoutdesign, the layoutdesign is prohibited for being registered under section 7 or b in the case of the registration of assignment or transmission relating to a registered layoutdesign, such assignment or transmission is contrary to any provision of the law for the time being in force. 2 the appellate board shall, on receipt of an application under subsection 1, give notice to the opposite parties in the prescribed manner and after giving them an opportunity of being heard, make such order as it may deem fit regarding cancellation of registration: provided that where the ground of cancellation has been established with respect only to a part of a layoutdesign, the board shall cancel only such part and the remaining part of the layoutdesign if capable of performing as a semiconductor integrated circuit shall be retained as registered on the register in the name of the registered proprietor of such layoutdesign. 3 any cancellation of the registration of a layoutdesign either in whole or in part under subsection 2 shall be deemed to be effective on the date from which the period of ten years referred to in section 15 is countable in respect of that layoutdesign. 4 the appellate board shall, without delay after making any order of cancellation under subsection 2, send a copy of such order to the registrar who shall correct the register to give effect to such order.

section 48., before appellate board. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 an application for rectification of the register made to the appellate board under section 30 shall be in such form as may be prescribed. 2 a certified copy of every order or judgment of the appellate board relating to a registered layoutdesign under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

section 42. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder may prefer an appeal to the appellate board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal. 2 no appeal shall be admitted if it is preferred after the expiry of the period specified under subsection 1: provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the appellate board that he had sufficient cause for not preferring the appeal within the specified period. 3 an appeal to the appellate board shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.

section 43. of the semiconductor integrated circuits layoutdesign act : 1 the appellate board shall not be bound by the procedure laid down in the code of civil procedure, 5 of but shall be guided by principles of natural justice and, subject to the provisions of this act and the rules made thereunder, the appellate board shall have powers to regulate its own procedure including the fixing of places and times of its hearing. 2 the appellate board shall have, for the purpose of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: a receiving evidence b issuing commissions for examination of witnesses c requisitioning any public record and d any other matter which may be prescribed. 3 any proceeding before the appellate board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code 45 of , and the appellate board shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 44. of the semiconductor integrated circuits layoutdesign act : no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in subsection 1 of section 40 or subsection 1 of section 42.

section 45. of the semiconductor integrated circuits layoutdesign act : on ceasing to hold office, the chairperson, vicechairperson or other members shall not appear before the appellate board or the registrar.

section 46. of the semiconductor integrated circuits layoutdesign act : notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order whether by way of injunction or stay or any other manner shall be made on, or in any proceedings relating to, an appeal unless a copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made and b opportunity is given to such party to be heard in the matter.

section 47. of the semiconductor integrated circuits layoutdesign act : on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson may transfer any case pending before one bench, for disposal, to any other bench.

section 49. of the semiconductor integrated circuits layoutdesign act : 1 the registrar shall have the right to appear and be heard a in any legal proceedings before the appellate board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the semiconductor integrated circuit layoutdesign registry is raised b in any appeal to the board from an order of the registrar on an application for registration of a layoutdesign i which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments or modifications, or ii which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board. 2 unless the appellate board otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the semiconductor integrated circuits layoutdesign registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding.

section 56. of the semiconductor integrated circuits layoutdesign act : show related subordinates any person who contravenes knowingly and wilfully any of the provisions of section 18 shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifty thousand rupees but which may extend to ten lakh rupees, or with both.

section 50. of the semiconductor integrated circuits layoutdesign act : if any question arises in any proceedings before registrar, whether a layoutdesign has been commercially exploited for more than two years anywhere in a convention country for the purpose of registration of such layoutdesign under this act, the registrar shall refer such question to the appellate board, and the decision of the board thereon shall be final.

section 51. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 notwithstanding anything contained in this act, the appellate board may on an application made in the prescribed manner before it on behalf of the government or by any person authorised by the government and after giving notice of such application to the registered proprietor of a layoutdesign and providing the opportunity of being heard to the parties concerned permit the use of such registered layoutdesign by the government or by such person so authorised, as the case may be, subject to any or all of the following conditions as the board deems fit under the circumstances of such use, namely: a that the use of the layoutdesign shall be for noncommercial public purposes or for the purposes relating to national emergency or of extreme public urgency b that the duration of the use of the layoutdesign shall be limited for a period specified by the board. c that the use of the layoutdesign shall be nonassignable and nontransmissible d that the use of the layoutdesign shall be to the extent which the board deems necessary to remedy the anticompetitive practice e that the use of the layoutdesign shall be predominantly for the supply of semiconductor integrated circuits or articles incorporating semiconductor integrated circuits in domestic market of india: provided that board shall not permit the use of a registered layoutdesign, by any such person authorised by the government, under this subsection unless the board is satisfied that such person so authorised has made efforts to enter into agreement with the registered proprietor of such layoutdesign on reasonable commercial terms and conditions for permitted use of such layoutdesign and such efforts had not been successful within prescribed period: provided further that the first proviso shall not be applicable in a case where the person so authorised produces to the board a certificate issued by the government to the effect that such use is required due to national emergency or any other circumstances which the government considers to be of extreme urgency or of public noncommercial use. 2 the appellate board shall, while granting the permission for the use of a registered layoutdesign under subsection 1, determine the amount of royalty to be paid by the government or the person authorised by the government, as the case may be, to the registered proprietor of such layoutdesign for such permitted use. 3 the appellate board may, on the application of the registered proprietor of a layoutdesign referred to in subsection 1, may review the permission granted under that subsection and, after giving notice and opportunity of hearing to the parties concerned in the prescribed manner, cancel or amend such permission if the board is satisfied that any of the conditions subject to which the permission was granted has not been observed or the circumstances which led to the granting of such permission has ceased to exist or substantially altered.

section 52. of the semiconductor integrated circuits layoutdesign act : in all proceedings under this act before the appellate board the costs of the registrar shall be in the discretion of the board, but the registrar shall not be ordered to pay the costs of any of the parties.

section 53. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 any person aggrieved by any decision or order of the appellate board under this act may, within the prescribed period appeal to the high court within whose the jurisdiction of head office or the branch office of the semiconductor integrated circuits layoutdesign registry against the decision or order of which the appeal arises is situated. 2 every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed. 3 subject to the provisions of this act and the rules made thereunder, the provisions of the code of civil procedure, 5 of shall apply to appeals before a high court under this act.

section 54. of the semiconductor integrated circuits layoutdesign act : show related subordinates the high court may make rules consistent with this act as to the conduct and procedure of all proceeding under this act before it.

section 61. of the semiconductor integrated circuits layoutdesign act : show related subordinates where a person accused of an offence under section 56 proves a that in the case which is the subject of the charge he was so employed that it relates to the duty of his employment, and was not interested in the profit accruing from such commission of offence except the duty of his employment and b that, having taken all reasonable precautions against committing the offence charged, he had, at the time of commission of the alleged offence, no reason to suspect the genuineness of the registered layoutdesign or a semiconductor integrated circuit in which such layoutdesign is incorporated and c that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the commission of such offence, he shall be acquitted.

section 55. of the semiconductor integrated circuits layoutdesign act : notwithstanding anything contained in this act, till the establishment of the appellate board under section 32, the intellectual property appellate board establishment under section 83 of the trade marks act, 47 of shall exercise the jurisdiction, powers and authority conferred on the appellate board under this act subject to the modification that in any bench of such intellectual property appellate board constituted for the purposes of this section, for the technical member referred to in subsection 2 of section 84 of the trade marks act, , the technical member shall be appointed under this act and he shall be deemed to be the technical member for constituting the bench under the said subsection 2 of section 84 for the purposes of this act.

section 62. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 where the offence charged under section 56 is in relation to a registered layoutdesign and the accused pleads that the registration of the layoutdesign is invalid, the following procedure shall be followed: a if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of accused is recorded to enable the accused to file an application before the appellate board under this act, for the rectification of the register on the ground that the registration is invalid b if the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification c if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the appellate board for rectification of the register, the court shall proceed with the case as if the registration were valid . 2 where before the institution of a complaint of an offence referred to in subsection 1, any application for the rectification of the register concerning the layoutdesign in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the appellate board or the registrar, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his layoutdesign.

section 57. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 no person shall make any representation with respect to a layoutdesign not being a registered layoutdesign, to the effect that it is a registered layoutdesign. 2 if any person contravenes the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both. 3 for the purposes of this section, the use in india in relation to a layoutdesign of the word registered, or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except a where that word or other expression, is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a layoutdesign under the law of a country outside india being a country under the law of which the registration referred to is in fact in force or b where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause a or c where that word is used in relation to a layoutdesign registered as a layoutdesign under the law of a country outside india and in relation solely to such layoutdesign.

section 63. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association or individuals and b director, in relation to a firm, means a partner in the firm.

section 59. of the semiconductor integrated circuits layoutdesign act : show related subordinates if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

section 58. of the semiconductor integrated circuits layoutdesign act : show related subordinates if any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the semiconductor integrated circuits layoutdesign registry, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

section 60. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 where a person is convicted of an offence under section 56, the court convicting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed. 2 when a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also. 3 when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

section 64. of the semiconductor integrated circuits layoutdesign act : show related subordinates no court shall take cognizance a of an offence under section 56 or section 57 except on the complaint in writing made by the registered proprietor or the registered user of a layoutdesign in respect of which the offence has been committed b of an offence under section 58 or section 59 except on complaint in writing made by the registrar or any officer authorised by him in writing.

section 68. of the semiconductor integrated circuits layoutdesign act : show related subordinates notwithstanding anything contained in this act, the registrar shall a not disclose any information relating to the registration of a layoutdesign or any application relating to the registration of a layoutdesign under this act which the central government considers prejudicial to the interest of the security of india and b take any action, including the cancellation of registration of a layoutdesign registered under this act, which the central government may, by notification in the official gazette, specify in the interest of security of india. explanation.for the purposes of this section, the expression interest of the security of india means any action necessary for the security of india which relates to the use of a layoutdesign or a semiconductor integrated circuit incorporating a layoutdesign or an article incorporating such semiconductor integrated circuit and which a relates to fissionable materials or the materials from which they are derived or b relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment or c is taken in time of war or other emergency in international relations.

section 71. of the semiconductor integrated circuits layoutdesign act : show related subordinates where a registered layoutdesign, or a semiconductor integrated circuit in which a registered layoutdesign is incorporated, or an article incorporating such a semiconductor integrated circuit is sold or has been contracted for sale, the seller shall be deemed to warrant that the registration, of such layoutdesign or the layoutdesign so incorporated is genuine within the meaning of this act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale or contract to sell of such layoutdesign, or semiconductor integrated circuit or article, as the case may be, and accepted by the buyer.

section 66. of the semiconductor integrated circuits layoutdesign act : show related subordinates an officer of the government whose duty it is to take part in the enforcement of the provisions of this chapter, shall not be compelled in any court to say when he got any information as to the commission of any offence against this act.

section 65. of the semiconductor integrated circuits layoutdesign act : show related subordinates in any prosecution under this act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties. costs so awarded shall be recoverable as if they were a fine.

section 73. of the semiconductor integrated circuits layoutdesign act : show related subordinates subject to the provisions of section 76, the registrar shall not exercise any discretionary or other power vested in him by this act or the rules made thereunder adversely to a person applying for the exercise of the power without if so required by that person within the prescribed time giving to the person an opportunity of being heard.

section 67. of the semiconductor integrated circuits layoutdesign act : show related subordinates if any person, being within india, abets the commission, without india, of any act which, if committed in india, would, under this act, be an offence, he may be tried for such abetment in any place in india in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.

section 69. of the semiconductor integrated circuits layoutdesign act : show related subordinates no suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 76. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 if the registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act not being a time expressly provided in the act, whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly. 2 nothing in subsection 1 shall be deemed to require the registrar to hear the parties, before disposing of an application for extension of time and no appeal shall lie from any order of the registrar under this section.

section 70. of the semiconductor integrated circuits layoutdesign act : show related subordinates every person appointed, under this act and every member of the appellate board shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 72. of the semiconductor integrated circuits layoutdesign act : show related subordinates in all proceedings under this act before the registrar, a the registrar shall have all the powers, of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses b the registrar may, subject to any rules in this behalf, made under section 96 make such orders as to costs as he considers reasonable, and any such order shall be executable as decree to a civil court c the registrar may, on an application made in the prescribed manner, review his own decision.

section 74. of the semiconductor integrated circuits layoutdesign act : show related subordinates in any proceeding under this act before the registrar, evidence shall be given by affidavit: provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.

section 75. of the semiconductor integrated circuits layoutdesign act : show related subordinates if a person who is a party to a proceeding under this act not being a proceeding before the appellate board or a court dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.

section 77. of the semiconductor integrated circuits layoutdesign act : show related subordinates where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act, the registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.

section 79. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 in every proceeding under chapter vii or under section 42, every registered user of a layoutdesign, who is not himself an applicant in respect of any proceeding under that chapter or section shall be made a party to the proceeding. 2 notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.

section 84. of the semiconductor integrated circuits layoutdesign act : show related subordinates where, by or under this act, any act, other then the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is a a legal practitioner, or b a person registered in the prescribed manner as a layoutdesign agent, or c a person in the sole and regular employment of the principal.

section 78. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a layoutdesign, give advice as to whether the layoutdesign appears to him prima facie to be original. 2 if, on an application for the registration of a layoutdesign as to which the registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the layoutdesign is not original, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

section 80., and things done by the registrar. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 a copy of any entry in the register or of any document referred to in subsection 1 of section 87 purporting to becertified by the registrar and sealed with the seal of the semiconductor integrated circuits layoutdesign registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. 2 a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.

section 81. of the semiconductor integrated circuits layoutdesign act : show related subordinates the registrar or any other officer of the semiconductor integrated circuits layoutdesign registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made or special cause.

section 82. of the semiconductor integrated circuits layoutdesign act : show related subordinates if in any legal proceeding for rectification of the register before the appellate board a decision is on contest given in favour of the registered proprietor of the layoutdesign on the issue as to the validity of the registration of the layoutdesign, the appellate board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceedings in which the said validity comes into question, the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the layoutdesign shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost, charges and expenses as between legal practitioner and client.

section 83. of the semiconductor integrated circuits layoutdesign act : show related subordinates an address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opposition, be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.

section 85. of the semiconductor integrated circuits layoutdesign act : show related subordinates if an agent or a representative of the proprietor of a registered layoutdesign, without authority uses or attempts to register or registers the layoutdesign in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said layoutdesign by assignment in his favour: provided that such action shall be taken within three years of the registered proprietor of the layoutdesign becoming aware of the conduct of the agent or representative.

section 86. of the semiconductor integrated circuits layoutdesign act : show related subordinates there shall be kept under the direction and supervision of the registrar a an index of registered layoutdesigns, b an index of layoutdesigns in respect of which applications for registration are pending. c an index of the names of the proprietors of registered layoutdesigns, and d an index of the names of registered users.

section 87. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 save as otherwise provided in subsection 4 of section 25, a the register and any document upon which any entry in the register is based b every notice of opposition to the registration of a layoutdesign application for rectification before the registrar, counterstatement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar and c the indexes mentioned in section 86 and such other documents as the central government may, by notification in the official gazette, specify shall, subject to such conditions as may be prescribed, be open to public inspection at the semiconductor integrated circuits layoutdesign registry. 2 any person may, on an application to the registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in subsection 1.

section 88. of the semiconductor integrated circuits layoutdesign act : show related subordinates the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under the registrar of this act.

section 92. of the semiconductor integrated circuits layoutdesign act : show related subordinates the provisions of this act shall be binding on the government.

section 90. of the semiconductor integrated circuits layoutdesign act : show related subordinates nothing in chapter ix shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of prosecutor, has given full information as to his master and as to the instructions which he has received from his master.

section 93. of the semiconductor integrated circuits layoutdesign act : show related subordinates with a view to the fulfilment of a treaty, convention or arrangement with any country outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, specify such country to be a convention country for providing the citizens of such convention country the similar privileges as granted to the citizens of india under this act. explanation.for the purposes of this section country includes any group of countries or union of countries or intergovernmental organisation and the expression convention country shall be construed accordingly.

section 89. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 there shall be paid in respect of applications and registration and other matters under this act such fees and surcharge as may be prescribed by the central government. 2 where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid. 3 where a fee is payable in respect of the filing of a document at the semiconductor integrated circuits layoutdesign registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.

section 91. of the semiconductor integrated circuits layoutdesign act : show related subordinates notwithstanding anything contained in the registration act, 16 of , no document declaring or purporting to declare the ownership or title of a person to a layoutdesign other than a registered layoutdesign shall be registered under that act.

section 96. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the other matters relating to the registered layoutdesigns to be entered in the register under subsection 1 of section 6 b the manner of applying to the registrar for registration under subsection 1 of section 8 c the manner of advertising the application under subsection 1 of section 10 d the manner of notifying the correction or amendment in application under subsection 2 of section 10 e the manner of making application, the fee to be paid and the manner of giving notice under subsection 1 of section 11 f the manner of sending counter statement under subsection 2 of section 11 g the manner of submitting evidence under subsection 4 of section 11 h the form of issuing certificate under subsection 2 of section 13 i the manner of giving notice under subsection 3 of section 13 j the manner of making applications to register the title under subsection 1 of section 23 k the manner of applying to registrar under subsection 1 of section 25 l the document to be prescribed under clause c of subsection 1 of section 25 m the manner of issuing notice under subsection 3 of section 25 n the manner of applications under clause a of subsection 1 of section 26 o the manner of making applications under clause b of subsection 1 of section 26 p the manner of making applications under clause c of subsection 1 of section 26 q the manner of issuing notice under subsection 2 of section 26 r the procedure of cancelling registration under subsection 3 of section 26 s the manner of applying to the appellate board under subsection 1 of section 30 t the manner of giving notice under subsection 3 of section 30 u the manner of serving notice under subsection 4 of section 30 v the manner of making application under subsection 1 of section 31 w the manner of making application under subsection 2 of section 31 x the salaries and allowances payable to and other terms and conditions of service of the chairperson, vicechairperson and other members under subsection 1 of section 37 y the procedure for investigation of misbehaviour or incapacity of the chairperson, vicechairperson and other members under subsection 3 of section 38 z the salaries and allowances and other conditions of service of the officers and other employees of the appellate board under subsection 2 of section 39 za the manner of general superintendence by the chairperson under subsection 3 of section 39 zb the form of application, the affidavit, documents and other evidence and fee payable in respect of, filing of such application and other fees for the services or execution of process to be accompanied therewith under subsection 2 of section 40 zc the time limit for filing the opposition under subsection 3 of section 40 zd the form of making application and the fee to be a accompanied therewith under subsection 1 of section 41 ze the manner of giving notice under subsection 2 of section 41 zf the form of appeal, the manner of verification of such appeal and the fee to be accompanied therewith under subsection 3 of section 42 zg any other matter to be prescribed under clause d of subsection 2 of section 43 zh the form of application under subsection 1 of section 48 zi the manner of making application under subsection 1 of section 51 zj the period to be prescribed under the first proviso to subsection 1 of section 51 zk the manner of giving notice and opportunity of hearing to the parties under subsection 3 of section 51 zl the period to be prescribed under subsection 1 of section 53 zm the form of petition and particulars to be contained therein under subsection 2 of section 53 zn the manner of reviewing decisions by the registrar under clause c of section 72 zo the time to be prescribed under section 73 zp the manner of making application and the fee to be accompanied therewith under subsection 1 of section 76 zq the manner of making application under subsection 1 of section 78 zr the period of giving notice of withdrawal of application under subsection 2 of section 78 zs the manner of authorising a person under section 84 zt the manner of registering a person as a layoutdesign agent under clause b of section 84 zu the conditions to be prescribed under subsection 1 of section 87 zv the fee payable under subsection 2 of section 87 zw the fees and the surcharge to be paid under subsection 1 of section 89 zx any other matter which is required to be or may be prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 94. of the semiconductor integrated circuits layoutdesign act : where any country specified by the central government in this behalf by notification in the official gazette under section 93 does not accord to citizens of india the same rights in respect of registration and protection of layoutdesign as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, a to apply for the registration of, or be registered as the proprietor of, a layoutdesign b to be registered as the assignee of the proprietor of a registered layoutdesign or c to apply for registration or be registered as a registered user of a layoutdesign under section 25.

section 95. of the semiconductor integrated circuits layoutdesign act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the armed forces jammu and kashmir special powers act : 1 the armed forces jammu and kashmir special powers ordinance, ord. 3 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 3. of the armed forces jammu and kashmir special powers act : if, in relation to the state of jammu and kashmir, the governor of that state or the central government, is of opinion that the whole or any part of the state is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent a activities involving terrorist acts directed towards overawing the government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people b activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of india or bringing about cession of a part of the territory of india or secession of a part of the territory of india from the union or causing insult to the indian national flag, the indian national anthem and the constitution of india, the governor of the state or the central government, may, by notification in the official gazette, declare the whole or any part of the state to be a disturbed area. explanation.in this section, terrorist act has the same meaning as in explanation to article 248 of the constitution of india as applicable to the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the armed forces jammu and kashmir special powers act : in this act, unless the context otherwise requires, a armed forces means the military forces and the air forces operating as land forces and includes any other armed forces of the union so operating b disturbed area means an area which is for the time being declared by notification under section 3 to be a disturbed area c all other words and expressions used herein, but not defined and defined in the air force act, 45 of , or the army act, 46 of , shall have the meanings respectively assigned to them in those acts.

section 6. of the armed forces jammu and kashmir special powers act : any person arrested and taken into custody under this act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized under this act, shall be made over to the officerincharge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be.

section 1. of the armed forces jammu and kashmir special powers act : 1 this act may be called the armed forces jammu and kashmir special powers act, . 2 it extends to the whole of the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 5th day of july, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the armed forces jammu and kashmir special powers act : any commissioned officer, warrant officer, noncommissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area, a if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances b if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence c arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest d enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances e stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any person who has committed a noncognizable offence, or against whom a reasonable suspicion exists that he has committed or is about to commit a noncognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be unlawfully held by him, and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure, as the case may be.

section 7. of the armed forces jammu and kashmir special powers act : no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act.

section 5. of the armed forces jammu and kashmir special powers act : every person making a search under this act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld.

section 8. of the working journalists fixation of rates of wages act : review of order of central government.omitted by the working journalists amendment act, 65 of , s. 10 w.e.f. ..

section 1. of the working journalists fixation of rates of wages act : show related subordinates this act may be called the working journalists fixation of rates of wages act, .

section 4. of the working journalists fixation of rates of wages act : 1 the committee shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in the wage board decision to make such representations as they may think fit as respects the wage board decision and the rates of wages which may be fixed under this act in respect of working journalists. 2 every such representation shall be in writing and shall be made within such period not exceeding thirty days, as the committee may specify in the notice, and shall state a the specific grounds of objection, if any, to the wage board decision, b the rates of wages which, in the opinion of the person making the representation, would be reasonable, having regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation, c the alterations or modifications, if any, which, in the opinion of the person making the representation, should be made in the wage board decision and the reasons therefor. 3 the committee shall take into account the representations aforesaid, if any, and after examining the materials placed before the wage board and such further materials as have since been obtained by or made available to it under this act, make such recommendations, as it thinks fit, to the central government for the fixation of rates of wages in respect of working journalists, whether by way of modification or otherwise, of the wage board decision and any such recommendation may specify, whether prospectively or retropectively, the date from which the rates of wages should take effect. 4 in making any recommendations to the central government, the committee shall have regard to all the matters set out in subsection 1 of section 9 of the working journalists act. 5 the committee may, if it thinks fit, take up for consideration separately groups or classes of newspaper establishments, whether on the basis of regional classification or on any other basis, and make recommendations from time to time in regard to each such group or class.

section 7. of the working journalists fixation of rates of wages act : subject to the provisions contained in section 11, on the coming into operation of an order of the central government, every working journalist shall be entitled to be paid by his employer wages at a rate which shall in no case be less than the rate of wages specified in the order.

section 9. of the working journalists fixation of rates of wages act : 1 where any amount is due under this act to a working journalist from an employer, 1the working journalist himself, or any other person authorised by him in writing in this behalf or in the case of the death of the working journalist, any member of his family may, without prejudice to any other mode of recovery, make an application to the state government for the recovery of the money due to him, and if the state government, or such authority as the state government may specify in this behalf, is satisfied that any money is so due, it shall issue a certificate for that amount to the collector, and the collector shall proceed to recover that amount in the same manner as an arrear of land revenue. 22 if any question arises as to the amount due under this act to a working journalist from his employer, the state government may, on its own motion or upon application made to it, refer the question to any labour court constituted by it under the industrial disputes act, 14 of or under any corresponding law relating to investigation and settlement of industrial disputes in force in the state and the said act or law shall have effect in relation to the labour court as if the question so referred were a matter referred to the labour court for adjudication under that act or law. 3 the decision of the labour court shall be forwarded by it to the state government which made the reference, and any amount found due by the labour court may be recovered in the manner provided in subsection 1. 1. subs. by act 65 of , s. 10, for the working journalist may w.e.f. . 2. subs. by s. 10, ibid., for subsection 2 w.e.f. .

section 3. of the working journalists fixation of rates of wages act : 1 for the purpose of enabling the central government to fix rates of wages in respect of working journalists in the light of the judgment of the supreme court, dated the 19th day of march, , relating to the wage board decision, and in the light of all other relevant circumstances, the central government shall, by notification in the official gazette, constitute a committee consisting of the following persons, namely: i an officer of the ministry of law not below the rank of joint secretary, nominated by the central government, who shall be the chairman of the committee, ii three persons nominated by the central government from among the officers of each of the ministries of home affairs, labour and employment and information and broadcasting, iii a chartered accountant nominated by the central government. 2 if for any reason a vacancy other than a vacancy by reason of temporary absence occurs in the office of the chairman or any other member of the committee, the central government may appoint another person in accordance with the provisions of subsection 1 to fill the vacancy, and the inquiry before the committee may be continued from the stage which had been reached when the vacancy arose. 3 the central government may appoint a secretary to the committee, and may also provide the committee with such other staff as may be necessary. 4 the secretary shall perform such functions of a ministerial or other nature as the committee or the chairman thereof may assign or delegate to him.

section 10., of the committee. of the working journalists fixation of rates of wages act : all notices, letters, authorisations, orders or other documents to be issued or made by the committee under this act may be authenticated by the chairman or the secretary thereof or any other officer authorised by the committee in this behalf and any notice, letter, authorisation, order or other document so authenticated shall be presumed to have been duly issued or made by the committee.

section 2. of the working journalists fixation of rates of wages act : in this act, unless the context otherwise requires, a committee means the committee constituted under section 3 b prescribed means prescribed by rules made under this act c wage board means the wage board constituted under the working journalists act by notification no. s.r.o. of the government of india in the ministry of labour, dated the 2nd may, d wage board decision means the decisions of the wage board published in the gazette of india extraordinary, part ii, section 3, dated the 11th may, e wages means wages as defined in the industrial disputes act, 14 of f working journalists act means the working journalists conditions of service and miscellaneous provisions act, 45 of g words and expressions used but not defined in this act, and defined in the working journalists act, shall have the meanings respectively assigned to them in that act.

section 5. of the working journalists fixation of rates of wages act : 1 subject to the provisions contained in subsection 2, the committee may exercise all or any of the powers which an industrial tribunal, constituted under the industrial disputes act, 14 of , exercises for the adjudication of an industrial dispute referred to it and shall, subject to the provisions contained in this act and the rules, if any, made thereunder, have power to regulate its own procedure. 2 any representations made to the committee and any documents furnished to it by way of evidence, shall be open to inspection on payment of such fee as may be prescribed, by any person interested in the matter. 3 if in the course of any inquiry it appears to the committee that it is necessary to examine any accounts or documents or obtain any statements from any person, the committee may authorise any officer of the central government hereinafter referred to as the authorised officer in that behalf and the authorised officer shall, subject to the directions of the committee, if any, examine the accounts or documents or obtain the statements from the person. 4 the authorised officer may, subject to the directions of the committee, if any, exercise all or any of the powers which an industrial tribunal may exercise under subsection 2 or subsection 3 of section 11 of the industrial disputes act, 14 of . 5 nothing in subsection 1 of section 54 of the indian incometax act, 11 of , or in any corresponding provision in any other law for the time being in force relating to the levy of any tax shall apply to the disclosure of any of the particulars referred to therein in any report made to the committee by an authorised officer. 6 any information obtained by an authorised officer in the exercise of any of his powers and any report made by him shall, notwithstanding anything contained in this act, be treated as confidential, but nothing in this subsection shall apply to the disclosure of any such information or report to the central government or to a court in relation to any matter concerning the execution of this act. 7 the authorised officer shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 12., not to invalidate proceedings of committee. of the working journalists fixation of rates of wages act : no act or proceeding of the committee shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof.

section 6. of the working journalists fixation of rates of wages act : 1 as soon as may be, after the receipt of the recommendations of the committee, the central government shall make an order in terms of the recommendations or subject to such modifications, if any, as it thinks fit, being modifications which, in the opinion of the central government, do not effect important alterations in the character of the recommendations. 2 notwithstanding anything contained in subsection 1, the central government may, if it thinks fit, a make such modifications in the recommendations, not being modifications of the nature referred to in subsection 1,as it thinks fit: provided that before making any such modifications, the central government shall cause notice to be given to all persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writing, or b refer the recommendations or any part thereof to the committee, in which case the central government shall consider its further recommendations and make an order either in terms of the recommendations or with such modifications of the nature referred to in subsection 1 as it thinks fit. 3 every order made by the central government shall be published in the official gazette together with the recommendations of the committee relating to the order, and the order shall come into operation on the date of publication or on such date, whether prospectively or retrospectively, as may be specified in the order.

section 13. of the working journalists fixation of rates of wages act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the manner in which notices under this act may be published b the procedure to be followed by the committee in the exercise of its powers under this act c the powers and functions of the committee which may be delegated to any of its members d the fees to be paid for inspection of documents furnished to the committee. 13 every rule made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 14. of the working journalists fixation of rates of wages act : repeal and saving..rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 11. of the working journalists fixation of rates of wages act : 1 sections 8, 10, 11, 12 and 13 of the working journalists act shall have no effect in relation to the committee. 2 the provisions of this act shall have effect notwithstanding anything inconsistent therewith in the terms of any award, agreement or contract of service, whether made before or after the commencement of this act: provided that where under any such award, agreement, contract of service or otherwise, a working journalist is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the working journalist shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this act. 3 nothing contained in this act shall be construed to preclude any working journalist from entering into any agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this act.

section 12a. of the working journalists fixation of rates of wages act : 112a. penalty.1 any employer who contravenes the provisions of section 7 shall be punishable with fine which may extend to two hundred rupees. 2 whoever, having been convicted of any offence under subsection 1, is again convicted of an offence under that subsection, shall be punishable with fine which may extend to five hundred rupees. 3 where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 4 notwithstanding anything contained in subsection 3, where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable, to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. 5 for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. ins. by act 65 of , s. 10 w.e.f. .

section 8. of the central reserve police force act : show related subordinates 1 the superintendence of, and control over, the force shall vest in the central government and the force shall be administered by the central government in accordance with the provisions of this act and of any rules made thereunder, through such officers as the central government may from time to time appoint in this behalf. 2 the headquarters of the force shall be at neemuch or at such other place as may from time to time be specified by the central government. 3 while on active duty outside its headquarters, the force shall be subject to the general control and direction of such authority or officer as may be prescribed or as may be specially appointed by the central government in this behalf.

section 1. of the central reserve police force act : 1 this act may be called the central reserve police force act, . 2 it extends to the whole of india 1 and applies to members of the force, wherever they may be. 1. the words except the state of hyderabad omitted by act 3 of , s. 3 and the schedule w.e.f.

section 2. of the central reserve police force act : show related subordinates in this act, unless there is anything repugnant in the subject or context, a active duty means the duty to restore and preserve order in any local area in the event of any disturbance therein b close arrest means confinement within the force or a detachment of the force or a post quarterguard building or tent under charge of a guard c the force means the central reserve police force d member of the force means a person who has been appointed to the force by the commandant, whether before or after the commencement of this act, and in sections 1, 3, 6, 7, 16, 17, 18 and 19, includes also a person appointed to the force by the central government, whether before or after such commencement e open arrest means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the force f prescribed means prescribed by rules made under this act g subordinate officer means a member of the force of the rank of subedarmajor, subedar, jemadar or subinspector h the expressions assault, criminal force, fraudulently, reason to believe and voluntarily causing hurt have the meanings assigned to them respectively in the indian penal code 45 of

section 7. of the central reserve police force act : 1 it shall be the duty of every member of the force promptly to obey and to execute all orders and warrants lawfully issued to him by any competent authority, to detect and bring offenders to justice and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist. 2 every member of the force shall be liable to serve without and beyond, as well as within, the territory of india

section 9. of the central reserve police force act : show related subordinates every member of the force who a begins, excites, causes or conspires to cause or joins in any mutiny, or, being present at any mutiny, does not use his utmost endeavour to suppress it, or knowing, or having reason to believe in, the existence of any mutiny, or of any intention or conspiracy to mutiny or of any conspiracy against the state does not, without delay, give information thereof to his superior officer or b uses, or attempts to use, criminal force to, or commits an assault on, his superior officer, whether on or off duty, knowing or having reason to believe him to be such or c shamefully abandons or delivers up any post or guard which is committed to his charge, or which it is his duty to defend or d directly or indirectly holds correspondence with, or assists or relieves any person in arms against the state or omits to discover immediately to his superior officer any such correspondence coming to his knowledge or who, while on active duty, e disobeys the lawful command of his superior officer or f deserts the force or g being a sentry, sleeps upon his post or quits it without being regularly relieved or without leave or h leaves his commanding officer, or his post or party, to go in search of plunder or i quits his guard, picquet, party or patrol without being regularly relieved or without leave or j uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard or breaks into any house or other place for plunder, or plunders, destroys or damages property of any kind or k intentionally causes or spreads a false alarm in action or in camp, garrison or quarters or l displays cowardice in the execution of his duty, shall be punishable with transportation for life for a term of not less than seven years or with imprisonment for a term which may extend to fourteen years or with fine which may extend to three months pay or with fine to that extent in addition to such sentence of transportation or imprisonment.

section 5. of the central reserve police force act : show related subordinates before a person is appointed to be a member of the force, the statement contained in the recruiting roll set out in the schedule shall be read out and, if necessary, explained to him in the presence of an officer appointed under subsection 1 of section 4, and shall be signed by such person in acknowledgement of its having been so read out to him: provided that any person who has for a period of six months served with the force, shall, on appointment to the force thereafter, be deemed to be a member of the force notwithstanding that the provisions of this section have not been complied with in his case.

section 10. of the central reserve police force act : show related subordinates every member of the force who a is in a state of intoxication when on, or after having been warned for, any duty or on parade or on the line of march or b strikesor attempts to force any sentry or c being in command of a guard, picquet or patrol, refuses to receive any prisoner or person duly committed to his charge, or without proper authority releases any person or prisoner placed under his charge, or negligently suffers any such prisoner or person to escape or d being under arrest or in confinement, leaves his arrest or confinement, before he is set at liberty by lawful authority or e is grossly insubordinate or insolvent to his superior officer in the execution of his office or f refuses to superintend or assist in the making of any fieldwork or other work of any description ordered to be made either in quarters or in the field or g strikes or otherwise illuses any member of the force subordinate to him in rank or position or h designedly or through neglect injuries or loses or fraudulently disposes of his arms, clothes, tools, equipments, ammunition or accoutrements, or any such articles entrusted to him or belonging to any other person or i malingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure, or aggravates his disease or infirmity or j with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person or k does not, when called upon by his superior officer so to do or upon ceasing to be a member of the force forthwith deliver up, or duly account for, all or any arms, ammunition, stores, accoutrements or other property issued or supplied to him or in his custody or possession as such member or l knowingly furnishes a false return or report of the number or state of any men under his command or charge or of any money, arms, ammunition, clothing, equipments, stores or other property in his charge, whether belonging to such men or to the government or to any member of, or any person attached to the force, or who, through design or culpable neglect, omits or refuses to make or send any return or report of the matters aforesaid or m absents himself without leave, or without sufficient cause overstays leave granted to him or n is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and discipline or o contravenes any provision of this act for which no punishment is expressly provided or who, while not on active duty, p commits any of the offences specified in clauses e to l both inclusive of section 9, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to three months pay, or with both.

section 3. of the central reserve police force act : 1 there shall continue to be an armed force maintained by the central government and called the central reserve police force. 2 the force shall be constituted in such manner, and the members of the force shall receive such pay, pension and other remuneration, as may be prescribed.

section 4. of the central reserve police force act : show related subordinates 1 the central government may appoint to the force a commandant and such other persons as it thinks fit to be assistant commandants and company officers. 2 the commandant and every other officer so appointed shall have, and may exercise, such powers and authority as may be provided by or under this act.

section 6. of the central reserve police force act : no member of the force shall be at liberty to a resign his appointment during the term of his engagement, except before the expiration of the first three months of his service or b withdraw himself from all or any of the duties of his appointment, without the previous permission in writing of the commandant or assistant commandant or any other officer authorised by the commandant to grant such permission.

section 11. of the central reserve police force act : show related subordinates 1 the commandant or any other authority or officer as may be prescribed, may, subject to any rules made under this act, award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments to any member of the force whom he considers to be guilty of disobedience, neglect of duty, or remissness in the discharge of any duty or of other misconduct in his capacity as a member of the force, that is to say, a reduction in rank bfine of any amount not exceeding one months pay and allowances c confinement to quarters, lines or camp for a term not exceeding one month d confinement in the quarterguard for not more than twentyeight days, with or without punishment drill or extra guard, fatigue or other duty and e removal from any office of distinction or special emolument in the force. 2 any punishment specified in clause c or clause d of subsection 1 may be awarded by any gazetted officer when in command of any detachment of the force away from headquarters, provided he is specially authorised in this behalf by the commandant. 3 the assistant commandant, a company officer or a subordinate officer, not being below the rank of subedar or inspector, commanding a separate detachment or an outpost, or in temporary command at the headquarters of the force, may, without a formal trial, award to any member of the force who is for the time being subject to his authority any one or more of the following punishments for the commission of any petty offence against discipline which is not otherwise provided for in this act, or which is not of a sufficiently serious nature to require prosecution before a criminal court, that is to say, a confinement for not more than seven days in the quarterguard or such other place as may be considered suitable, with forfeiture of all pay and allowances during its continuance b punishment drill, or extra guard, fatigue or other duty, for not more than thirty days, with or without confinement to quarters, lines or camp c censure or severe censure:provided that this punishment may be awarded to a subordinate officer only by the commandant. 4 a jemadar or subinspector who is temporarily in command of a detachment or an outpost may, in like manner and for the commission of any like offence, award to any member of the force for the time being subject to his authority any of the punishments specified in clause b of subsection 3 for not more than fifteen days.

section 12. of the central reserve police force act : 1 every person sentenced under this act to imprisonment may be dismissed from the force, and shall further be liable to forfeiture of pay, allowance and any other moneys due to him, as well as of any medals and decorations received by him. 2 every such person shall, if he is so dismissed, be imprisoned in the prescribed prison, but if he is not also dismissed from the force, he may, if the court or the commandant so directs, be confined in the quarterguard or such other place as the court or the commandant may consider suitable.

section 19. of the central reserve police force act : any order made, thing done, or action taken by or in relation to a member of the force, on or after the 15th day of august, , but before the commencement of this act, shall for all purposes be deemed to have been made, done or taken under this act as if this act were in force on the day on which such order was made, thing was done or action was taken.

section 13. of the central reserve police force act : show related subordinates the following penal deductions may be made from the pay and allowances of a member of the force by his company officer, that is to say, a all pay and allowances for every day of absence either on desertion or without leave and for every day of imprisonment awarded by a criminal court or of confinement awarded under section 11 b all pay and allowances for every day whilst he is in custody on a charge for an offence of which he is afterwards convicted c all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him at the hospital to have been caused by an offence committed by him under this act d all pay and allowances ordered to be forfeited under section 11 and e such sum as may be ordered by the commandant or assistant commandant in order to make good any expenses caused by the member of the force, or any loss of, or damage or destruction done by him to, any arms, ammunition, equipment, clothing, instruments or decorations belonging to the force or to any buildings or property.

section 14. of the central reserve police force act : show related subordinates whenever any weapon, part of a weapon or ammunition, forming part of the equipment of a company or other similar unit of the force, is lost or stolen the commandant may, after making such inquiry as he thinks fit and subject to such rules as may be prescribed, impose a collective fine upon the subordinate officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft.

section 15. of the central reserve police force act : 1 any member of the force who commits any offence specified in section 9 or section 10 may be placed on open or close arrest by any officer of the force. 2 where any subordinate officer orders an arrest under subsection 1, he shall forthwith or at the earliest opportunity report the arrest to his company or detachment commander who shall after investigating the case order the release or the continued arrest of the member of the force arrested.

section 16. of the central reserve police force act : show related subordinates 1 the central government may, by general or special order, confer or impose upon any member of the force any of the powers or duties conferred or imposed on a police officer of any class or grade by any law for the time being in force. 2 notwithstanding anything contained in the code of criminal procedure, 5 of , the central government may invest the commandant or an assistant commandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by a member of the force and punishable under this act, or any offence committed by a member of the force against the person or property of another member: provided that i when the offender is on leave or absent from duty, or ii when the offence is not connected with the offenders duties as a member of the force, or iii when it is a petty offence, even if connected with the offenders duties as a member of the force, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed, so directs, be inquired into or tried by an ordinary criminal court having jurisdiction in the matter.

section 17. of the central reserve police force act : show related subordinates 1 in any suit or proceeding against any member of the force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. 2 any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. 3 notwithstanding anything contained in any other law for the time being in force, any legal proceeding whether civil or criminal which may lawfully be brought against any member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules thereunder, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in, writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

section 18. of the central reserve police force act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a regulating the classes and grades of, and the pay, pension and other remuneration of, members of the force, and their conditions of service in the force b regulating the powers and duties of officers authorised to exercise any functions by or under this act c fixing the period of service for members of the force d regulating the award of minor punishments under section 11, and providing for appeals from, or the revision of, orders under that section, or the remission of fines imposed under that section, and the remission of deductions made under section 13 e regulating the several or collective liability of members of the force in the case of the loss or theft of weapons and ammunition f for the disposal of criminal cases arising under this act and for specifying the prison in which a person convicted in any such case may be confined. 2 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2. ins. by act 4 of , s. 2 and the schedule w.e.f.

section 8. of the murshidabad estate administration act : as soon as may be after the publication of the order for the appointment of a manager under section 3 the manager shall publish in the prescribed manner a notice in english and bengali calling upon all persons having claims against the nawab bahadur to notify such claims in writing to the manager within six months from the date of the notice.

section 1. of the murshidabad estate administration act : 1 this act may be called the murshidabad estate administration act, . 1 2 it extends to whole of india except 2 the territories which, immediately before the 1st november , were comprised in part b states. 1. subs. by the a.o. , for subsection 2. 2. subs. by the adaptation of laws no. 3 order, , for part b states.

section 3. of the murshidabad estate administration act : 2the state government of 1west bengal hereafter in this act referred to as the state government may, at any time after 3 the state government has entered upon the immovable properties of the estate in accordance with the provisions of the murshidabad act, 15 of , by an order published in the official gazette appoint an officer for the management on behalf of 3the state government of the whole or any portion of these properties and of the rents, issues and profits thereof and for the reception and application of the monthly sum of rs. 19,166 108 payable from the government treasury at berhampore in the district of murshidabad in west bengal: provided that the management shall cease from such date 4as may, having regard to the circumstances or in the event of the death of a nawab bahadur, be notified by the state government in the official gazette as the date of withdrawal by 5the state government from entry upon the immovable properties of the estate. 6 1. subs. by the a.o. , for bengal. 2. subs. by the a.o. , for the the l. g.. 3. subs., ibid., for the secretary of state. 4. subs. by west ben. act 20 of , s. 2, for as may be notified. 5. subs. by the a.o. , for the secretary of state. 6. the second proviso omitted by west ban. act 20 of , s. 2.

section 5. of the murshidabad estate administration act : so long as the appointment of the manager continues 1 in every suit or appeal to which 2 3 the state of 1 west bengal in possession is a party the manager shall be named as 4its representative for the purpose of such suit or appeal 2 in every pending suit or appeal concerning the properties under management 5 the state of 6 west bengal in possession shall be a party in place of the nawab bahadur and the manager shall be named as the representative of 5 the state of 6 west bengal in possession for the purpose of the suit or appeal and no application in any sucn suit or appeal shall be made to the court on behalf of 5 the state of 6 west bengal in possession except by the manager 3 the court upon application by the manager or by any party to the suit may order that the plaint or memorandum of appeal be amended so as to conform with the requirements of clause 1 or that the manager be named as the representative of the 7 state of west bengal in possession as required by clause clause 2 of this section. 1. subs. by the a.o. , for bengal. 2. the words the secretary of state or omitted, ibid., s.9. 3. ins. by the a.o. . 4. subs. by the a.o. , for his representative. 5. subs. by the a.o. , for the secretary of state. 6. subs. by the a.o. , for bengal. 7. subs., ibid., for secretary of state.

section 7. of the murshidabad estate administration act : 1 from the sums received under subsections 1 and 2 of section 6, the manager shall pay first, to the nawab bahadur such monthly sum, not being in any case less than rs. 9, , as the state government may fix in this behalf 1 secondly, the allowances, if any, payable under section 3 of the murshidabad act, 2 thirdly, the government revenue, cesses, rates and taxes and all debts and liabilities for the time being due or incurred to government or to any local authority 3 fourthly, in the case of property held by the nawab bahadur as tenant, the rent and cess due to the superior landlord in respect of the said property 4 fifthly, the cost of such repairs and improvements of the immoveable properties of the estate as appear necessary to the manager and are approved by the board of revenue, and shall apply the residue to the discharge of the costs of the management, to the payment of expenditure incurred in litigation and to the settlement in accordance with the scheme approved by the board of revenue under section 14 of such debts and liabilities of the nawab bahadur as may be estsblished under the provisions of this act. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the pay out of the sums received under subsections 1 and 2 of section 6 any sum required to meet such expenditure on other object or for any other purpose as the 5 state government may from time to time sanction. 1. ins. by bengal act 15 of , s. 5. 2. subs. by s. 5, ibid., for secondly. 3. subs. by s. 5, ibid., for thirdly. 4. subs. by s. 5, ibid., for fourthly. 5. subs. by the a.o. , for secretary of state.

section 9. of the murshidabad estate administration act : every such claimant shall, along with his claim, present to the manager full particulars thereof, together with all documents on which he relies in support thereof, and the manager may refuse to receive in evidence on the claimants behalf at the investigation of the claim any document not so presented.

section 2. of the murshidabad estate administration act : in this act, unless there is anything repugnant in the subject or context, 1 immoveable properties of the estate means the properties contained in the schedules of immoveable property annexed to the indenture included in and confirmed by the murshidabad act, 15 of , with any additional immoveable property added thereto under subsection 1 of section 3 of that act, and includes all immoveable property acquired under the provisions of section 32 of the land acquisition act, 1 of 2 issues and profits of the immoveable properties of the estate includes all money awarded under the land acquisition act, 1 of , as compensation for the acquisition of any of the immoveable properties of the estate together with interest thereon 3 manager means the officer appointed under section 3 4 nawab bahadur means the nawab bahadur of murshidabad for the time being 1 6 board of revenue means the board of revenue, 2west bengal 7 prescribed means provided for by this act or by rules made under section 28. 1 clause 5 omitted by the a.o. . 2 subs. by the a.o. , for bengal.

section 10. of the murshidabad estate administration act : every debt or liability, except debts due or liabilities incurred to the government or to any local authority and rent due to a superior landlord from the nawab bahadur as tenant of any property, which is not duly notified to the manager within the time and in the manner mentioned in sections 8 and 9 shall be barred: provided that if the manager is satisfied that the claimant was for reasonable cause unable to comply with the provisions of sections 8 and 9, the manager may admit his claim within a further period of six months from the expiration of the period of six months specified in section 8.

section 4. of the murshidabad estate administration act : on the publication of an order for the appointment of a manager under section 3, the following consequences shall ensure: first, all proceedings which may then be pending in any civil court in respect of any debts or liabilities to which the nawab bahadur may be subject shall be barred, and all processes, executions and attachments for or in respect of such debts and liabilities shall become null and void secondly, so long as such management continues, no suit or proceeding shall lie against the nawab bahadur, 1 2 or the state of 3 west bengal or the manager, in respect of any any debt or liability to which the nawab bahadur is subject, nor shall the nawab bahadur be liable to arrest for or in respect of the debts and liabilities to which he was at the time of such publication subject or in execution of any decree obtained before such publication nor shall his moveable property be liable to attachment or sale, unde r process of any court for or in respect of such debts and liabilities thirdly, so long as such management continues a the nawab bahadur shall be incompetent to mortgage, charge, lease, settle or alienate the immoveable properties of the estate, or to grant valid receipts for the rents and profits arising or accruing therefrom b such property shall be exempt from attachment or sale unde r process of any court and c the nawab bahadur shall be incapable of entering into any contract which may involve him in pecuniary liability and fourthly, any amount awarded, before the entry 4 of the state government upon the immovable properties of the estate, under the land acquisition act, 1 of , by way of compensation for immoveable properties of the estate acquired under that act, if the amount has been invested in securities under section 32 of that act or is deposited in court pending such investment in land or securities, shall, together with all interest and other proceeds thereof not already paid to any person under the provisions of any law, be deliverable to the manager on behalf 4 of the state government to be disposed of in such manner as the 5 state government may think fit. 1. the words or the secretary of state omitted by the a.o. . 2. ins. by the a.o. . 3. subs. by the a.o. , for bengal. 4. subs. by the a.o. , for of the secretary of state. 5. subs. by the a.o. , for secretary of state.

section 6. of the murshidabad estate administration act : 1 the manager shall receive and recover all rents, issues and profits due in respect of the immoveable properties of the estate, and shall upon receiving such rents, issues and profits give receipts therefor. 2 the manager shall receive the monthly sum of rs. 19, payable from the government treasury at berhampore in the district of murshidabad in 1 west bengal and shall give receipts therefor. 1. subs. by the a.o. , for bengal.

section 11. of the murshidabad estate administration act : the manager shall in the prescribed manner determine the amount of the principal of all debts and liabilities not barred under section 10 justly due to the several creditors of the nawab bahadur and to persons holding mortgages, charges or liens on the property of the nawab bahadur, and shall determine in like manner the interest, if any, due at the date of such determination in respect of such debts and liabilities and may reduce the rates of interest charged as appears to him just and proper.

section 18., and evidence of title . of the murshidabad estate administration act : 1 thecollector of murshidabad may on the application of the manager order all persons who are or were in the employ of the estate of the nawab bahadur to attend before him and may order any person to deliver up any accounts, papers or moveable property belonging to the estate or any accounts or papers relating to the immoveable property of the estate or to any other property of the estate which the manager has reason to believe are in such persons possession or control and may order all hodlers of tenures or undertenures on any such property to produce their titles to such tenures or undertenures. 2any person who refuses to comply with an order under subsection 1 may be punished by the collector of murshidabad with fine not exceeding five hundred rupees: provided that an appeal shall lie to the board of revenue against any order of fine passed by the collector under subsection 2.

section 12. of the murshidabad estate administration act : the manager may inquire into the sufficiency of the consideration for which any lease, settlement, grant, mortgage, charge or lien was given and whether it was given in contravention of the conditions of the murshidabad act, 15 of , and if satisfied that the consideration was insufficient or that such lease, settlement, grant, mortgage, charge or lien was given in contravention of the said act may, by order in writing, set a side or modify such lease, settlement, grant, mortgage, charge or lien and any such order, subject to the appeal provided insection 13, shall have the force of a decree of a competent civil court andbe enforceable as such.

section 13. of the murshidabad estate administration act : 1an appeal shall lie to the board of revenue against any order by the manager a refusingto receive a document under section 9 or b refusing to admit a claim under the proviso to section 10 or c determining the amount of a debt or liability or of interest thereon, or reducing the rate of interest, under. section 11 or d setting asideor modifying a lease, settlement, grant, mortgage, charge or lien under section 12. 2if no such appeal is preferred within six weeks from the date of the order, the decision of the manager shall, subject to the provisions of section 22, be final.

section 14. of the murshidabad estate administration act : 1 whenthe amount due in respect of the debts and liabilities mentioned in section 11 has been finally determined, the manager shall prepare and submit to the board of revenue a schedule of such debts and liabilities, and a scheme for the settlement thereof in whole or in part out of the residue referred to in section 7 annually available during the lifetime of the nawab bahadur and the board of revenue may approve the scheme without modification or subject to such modification as it deems expedient. 2the scheme shall provide for payment in full, as soon as may be, of a first, arrears of wages due to servants of the nawab bahadur, determined in accordance with the forgoing provisions, and b secondly, claims of each creditor whose claims in the aggregate do not exceed five hundred rupees, as so determined and the scheme shall further provide that any balance left after meeting the above claims and each annual residue thereafter shall be distributed rateably among the other creditors of the nawab bahadur inpayment of their claims, as so determined.

section 16. of the murshidabad estate administration act : the managermay for the purpose of any investigation under this act summon and enforce the attendance of witnesses and compel them to give evidence, and compel the production of documents, by the same means and as far as possible in the same manner as is provided in the case of a civil court by the code of civil procedure, 5 of .

section 17. of the murshidabad estate administration act : everyinvestigation conducted by the manager with reference to any claim preferred before him under this act, or to any matter connected with such claim, shall be deemed to be a judicial proceeding within the meaning of the indian penal code 45 of and everystatement made by any person examined by or before the manager with reference to any such investigation, whether upon oath or otherwise, shall be deemed to be evidence within the meaning of the said code.

section 15. of the murshidabad estate administration act : the manager may from time to time call for further and more detailed particulars of any claim preferred before him under this act and may at his discretion refuse to proceed with the investigation of the claim until such particulars are supplied.

section 19. of the murshidabad estate administration act : 1 the manager shall have, for thepurpose of realising and recovering the rents, issues and profits of the immoveable properties of the estate, the same powers as the nawab bahadur would have had for such purpose had the 1state government not entered into the said properties, and all arrears of rent and all demands recoverable as rent, and all interest due on such arrears or demands shall together with all costs incurred for realising the same be recoverable as public demands. 2if such properties or any part thereof be in the possession of any mortgagee or conditional vendee, the manager may apply to the collector within whose jurisdiction the property is situated, and the collector shall cause the same to be delivered to the manager as if a decree therefor had been made in his favour, but without prejudice to the mortgagee or vendee preferring his claim under the provisions elsewhere contained in this act. 3 if such properties or any part thereof be in possession of a receiverappointed by a court, the manager may apply to the court, and the court shall cause the same to be delivered to the manager together with art receipts which may be in the hands of the receiver or the court at the time of the application. 1 subs. by the a.o. , for secretary of state.

section 20. of the murshidabad estate administration act : the manager may, subjectto the prescribed conditions, make settlementof all or any of the immoveable properties of the estate and may for this purpose execute any lease or counterpart of a lease: provided that, unless the settlement is of a kind authorised by rule made under section 28, its terms and conditions shall have been previously approved by the state government.

section 26. of the murshidabad estate administration act : if at the time of the withdrawal of the 1stategovernment from entry upon the immoveable properties of the estate, any difficulty arises in connection with the restoration to the nawab bahadur or to his successor of the properties and rights possessed and exercised by the 1state government, the state government may by order authorise the doing of any matter or thing which appears to it necessary to facilitate such restoration. 1 subs. by the a.o. , for secretary of state.

section 21. of the murshidabad estate administration act : the manager may enter into any contract or take any action which in his opinion is necessary for the proper care andmanagement of the immoveable properties of the estate and of the rents, issues and profits thereof or for the maintenance of the position and dignity of the nawab bahadur and which is notinconsistent with any provision of this act or with any rule made under section 28: provided that if he is not empowered by any other provision of this act or by any rule made under section 28 to enter on such contract or to take such action he shall obtain the previous sanction of the board of revenue before entering upon the contract or taking the action.

section 22. of the murshidabad estate administration act : 1 allorders or proceedings of the manager in the exercise of his functions under this act shall be subject to the supervision and control of the board of revenue. 2 all orders or proceedings of the board of revenue under this actshall be subject to the supervision and control of the state government. 3 the supervising authority in each case may of its own motion review and if it thinks fit revise, modify or reverse any order of proceeding.

section 24. of the murshidabad estate administration act : any fine imposed under this act shall be recoverable as a public demand.

section 23. of the murshidabad estate administration act : the manager shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 28. of the murshidabad estate administration act : 1 the board of revenue may, with the previous sancion of the state government 1and by notification in the official gazette, make rules for the purposeof carrying into effect all or any of the provisions of this act. 2 inparticular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the security to be requiredfrom subordinat e officers under act b the procedure to be followed by the manager in the discharge of his functions under this act, the accounts which shall be kept by him, and the manner in which such accounts shall be audited c the terms, conditions and limitations under which leases may be granted d the notices to be given under this act and the manner of publication of such notices e theprocedure to the followed by claimants in presenting claims, and by the manager in the investigation of such claims f the procedure to be followed in determining under section 11 the debts and liabilities due to creditors and other persons g the allowance of interest on the principal of eachof the debts and liabilities as determined under section 11 from the date on which it was incurred to the date of the determination and on the aggregate amount of such debts and liabilities from the date of the determination to the date of payment h the preparation of the schedule of debts and liabilities and of the scheme referred to in section 14 and the order of payment of such debts and liabilities i the power s of the ma na ger t o ma ke or s ancti on s ettle ment s and j the procedure to the followed in appeals under this act. 23 every rule made by the board of revenue under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by act 4 of , s. 2 and the schedule, for make rulesw.e.f. . 2 added byact 4 of , s. 2 and the schedule w.e.f. .

section 25., against certain persons. of the murshidabad estate administration act : no suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this act.

section 27. of the murshidabad estate administration act : notwithstanding anything contained elsewhere in this or any other act, the withdrawal bythe 1state government from entry upon the immoveable properties of the estate shall not have the effect of reviving any of the proceeding referred to in clause first of section 4 if the debt or liability in respect of which such proceedings were instituted is barred under section 10. nothing in section 4 shall bar the revival after such withdrawal of any other of the proceedings referred to in the said clause: provided that no court shall entertain any suit ofproceeding against the nawab bahadur in which the amount claimed is in excess of the amount determined under section 11, 13 or 22, as the case may be, together with any further interest due thereon, or in which interest is claimed at a rate higher than the rate determined as just and proper under those sections. 1 subs. by the a.o. , for secretary of state.

section 8. of the coroners act : when a coroner 1has reason to believe that the death of any person has been caused by accident, homicide, suicide, or suddenly by means unknown, or that any person being a prisoner has died in prison, and that the body is lying within the place for which the coroner is so appointed. the coroner shall inquire into the cause of death. every such inquiry shall be deemed a judicial proceeding within the meaning of section 193 of the indian penal code 45 of . 1. subs. by act 10 of , s. 5, for is informed.

section 1. of the coroners act : this act may be called the coroners act, . 1 1. the local extent and commencement clauses of this section were rep., respectively, by act 10 of , s. 2, and act 16 of .

section 2. of the coroners act : 2. repeal of enactments.rep. by the repealing act, 12 of .

section 7. of the coroners act : oath to be taken by coroner. rep. by the indian oaths act, 10 of

section 5. of the coroners act : every coroner shall be deemed a public servant within the meaning of the indian penal code 45 of .

section 6. of the coroners act : any coroner may hold simultaneously any other office under government

section 4. of the coroners act : every such officer shall be appointed and may be suspended or removed by the state government 1 . 1. the words every person now holding such office shall be deemed to have been appointed under this act were rep. by act 12 of

section 10. of the coroners act : whenever an inquest ought to be holden on any body lying dead within the local limits of the jurisdiction of any coroner, he shall hold such inquest, whether or not the cause of death arose within his jurisdiction.

section 3. of the coroners act : 13. coroners of calcutta and bombay.within the local limits of the ordinary original civil jurisdiction of each of the high courts of judicature at fort william and bombay there shall be a coroner. such coroners shall be called respectively the coroner of calcutta and the coroner of bombay. 1. subs. by act 5 of , s. 2, for the original section.

section 9. of the coroners act : whenever a prisoner dies in a prison situate within the place for which a coroner is so appointed, the superintendent of the prison shall send for the coroner before the body is 1disposed of any superintendent failing herein shall on conviction before a magistrate be punished with fine not exceeding five hundred rupees. nothing in the former part of this section applies to cases in which the death has been caused by cholera or other epidemic disease. 1. subs. by act 4 of , s. 2, for buried.

section 11. of the coroners act : a coroner may order a body to be disinterred within a reasonable time after the death of the deceased person either for the purpose of taking an original inquisition where none has been taken, or a further inquisition 1where the coroner considers it necessary or desirable in the interests of justice to take a further inquisition. 1. subs. by act 4 of , s. 3, for where the first was insufficient.

section 18. of the coroners act : the coroner may direct the performance of a postmortem examination with or without an analysis of the contents of the stomach or intestines by any medical witness summoned to attend the inquest: and every medical witness, other than the chemical examiner to government, shall be entitled to such reasonable remuneration as the coroner thinks fit.

section 13. of the coroners act : when the time arrives, the coroner shall proceed to the place so specified, open the court by proclamation, and call over the names of the jurors.

section 12. of the coroners act : on receiving notice of any death mentioned in section 8, the coroner shall summon five, seven, nine, eleven, thirteen or fifteen respectable persons to appear before him at a time and place to be specified in the summons, for the purpose of inquiring when, how and by what means the deceased came by his death. inquest may be on sundays.any inquest under this act may be held on a sunday

section 14. of the coroners act : when a sufficient jury is in attendance, he shall administer an oath to each juror to give a true verdict according to the evidence, and shall then proceed with the jury to view the body

section 15. of the coroners act : the coroner and the jury shall view and examine the body at the first sitting of the inquest, and the coroner shall make such observations to the jury as the appearance of the body requires: 1provided that the coroner may, with the concurrence of a majority of the jury, dispense with a view of the body, if he is satisfied, from medical evidence or medical certificates, that no advantage would result from such viewing. 1. ins. by act 4 of , s. 4.

section 18a. of the coroners act : 1any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this act, may be used as evidence in any inquest under this act and in any subsequent inquiry, trial or other proceeding under the code of criminal procedure, 5 of . 1. ins. by act 4 of , s. 6.

section 16. of the coroners act : the coroner shall then make proclamation for the attendance of witnesses, or, where the inquiry is conducted in secret, shall call in separately such as know anything concerning the death.

section 17. of the coroners act : 1 it shall be the duty of all persons acquainted with the circumstances attending the death to appear before the inquest as witnesses the coroner shall inquire of such circumstances and the cause of death, and, if before or during the inquiry he is informed that any person, whether within or without the local limits of his jurisdiction, can give evidence or produce any document material thereto, may issue a summons requiring him to attend and give evidence or produce such document on the inquest. any person disobeying such summons shall be deemed to have committed an offence under section 174, section 175 or section 176 of the indian penal code 45 of , as the case may be. for the purpose of causing prisoners to be brought up to give evidence, the coroner shall be deemed a criminal court within the meaning of 2 part ix3 attendance in courts act, 32 of of the prisoners act, 3 of . 1. subs. by act 10 of , s.6, for the original paragraphs. 2. subs. by act 4 of , for act no. xv of to provide facilities for obtaining the evidence and appearance of prisoners and for service of process upon them. 3. now see the prisoners attendance in courts act, 32 of .

section 19. of the coroners act : all evidence given under this act shall be on oath, and the coroner shall be bound to receive evidence on behalf of the party if any accused of causing the death of the deceased person. interpreter.witnesses unacquainted with the english language shall be examined through the medium of an interpreter, who shall be sworn to interpret truly as well the oath as the questions put to, and the answers given by, the witnesses questions suggested by jury.after each witness has been examined, the coroner shall inquire whether the jury wish any further questions to be put to the witness, and, if the jury wish that any such questions should be put, the coroners shall put them accordingly

section 26. of the coroners act : 126. power to arrest and commit for trial.the coroner may also, where the verdict justifies him in so doing, issue his warrant for the apprehension of the person who is found to have caused the death of the deceased person, and send him forthwith to a magistrate empowered to commit him for trial. 1. subs. by act 4 of , s. 9, for the original section.

section 20. of the coroners act : the coroner shall commit to writing the material parts of the evidence given to the jury, and shall read or cause to be read over such parts to the witness and then procure his signature thereto. witnesses to sign depositions.any witnesses refusing so to sign shall be deemed to have committed an offence under section 180 of the indian penal code 45 of . coroner to subscribe deposition.every such deposition shall be subscribed by the coroner coroner a magistrate.1for the purposes of section 26 of the indian evidence act, 1of , a coroner shall be deemed to be a magistrate. 1. ins. by act 10 of , s. 7.

section 21. of the coroners act : the coroner may adjourn the inquest from time to time, and from place to place. jurors recognizances.whenever the inquest is adjourned the coroner shall take the recognizances of the jurors to attend at the time and place appointed, and notify to the witnesses when and where the inquest will be proceeded with. the amount of such recognizances shall in each case be fixed by the coroner 1and the whole, or such part thereof as to the coroner seems fit, shall, in default of attendance by the jurors, be recoverable in the same manner as a fine imposed under section 31. 1. ins. by act 4 of , s. 7.

section 25. of the coroners act : 125. procedure where death is found due to an act amounting to an offence.when the jury or a majority of the jury find that the death of the deceased person was occasioned by an act which amounts to an offence under any law in force in 2 india, the coroner shall immediately after the inquest forward a copy of the inquisition, together with the names and addresses of the witnesses, to the commissioner of police. 1. subs. by act 4 of , s. 8. for the original section.

section 23. of the coroners act : when the verdict is delivered the coroner shall draw up the inquisition according to the finding of the jury, or, when the jury is not unanimous, according to the opinion of the majority.

section 22. of the coroners act : when all the witnesses have been examined, the coroner shall sum up the evidence to the jury, and the jury shall then consider of their verdict.

section 24. of the coroners act : every inquisition under this act shall be signed by the coroner with his name and style of office and by the jurors, and shall set forth 1 where, when and before whom the inquisition is holden, 2 who the deceased is, 3 where his body lies, 4 the names of the jurors, and that they present the inquisition upon oath, 5 where, when and by what means the deceased came by his death, and 6 if his death was occasioned by the criminal act of another, who is guilty thereof. if the name of the deceased be unknown, he may be described as a certain person to the jurors unknown. every such inquisition shall be in the form set forth in the second schedule hereto annexed, with such variation as the circumstances of each case require.

section 27. of the coroners act : repealed.power to accept bail. rep. by the coroners amendment act, 4 of , s. 10

section 34. of the coroners act : unless in case of necessity, no person who has appeared, or has been summoned to appear, as a juror on an inquest, and has not made default shall, within one year after such appearance or summons, be summoned to appear as a juror under this act

section 28. of the coroners act : when the proceedings are closed, or before, if it be necessary to adjourn the inquest, the coroner shall give his warrant for the 4 disposal of the body on which the inquest has been taken.

section 29. of the coroners act : no inquisition found upon or by any inquest shall be quashed for any technical defect. in any case of technical defect, a judge of the high court may, if he thinks fit, order the inquisition to be amended, and the same shall forthwith be amended accordingly.

section 30. of the coroners act : it shall no longer be the duty of the coroner to inquire whether any person dying by his own act was or was not felo de se, to inquire of treasure trove or wrecks, to seize any fugitives goods, to execute process or to exercise as coroner any jurisdiction not expressly conferred by this act. felo de se. a felo de se shall not forfeit his goods. deodands. deodands are hereby abolished

section 32. of the coroners act : the coroner shall make out and sign a certificate, containing the name and surname, the residence and trade or calling of every person so making default, together with the amount of the fine so imposed, and the cause of such fine, and shall send such certificate to one of the magistrates of the place of which he is the coroner and shall cause a copy of such certificate to be served upon the person so fined, by having it left at his usual place of residence, or by sending the same through the post office, addressed as aforesaid and registered.

section 31. of the coroners act : whenever any person has been duly summoned to appear as a juror by a coroner, and fails or neglects to attend at the time and place specified in the summons, the coroner may cause him to be openly called in his court three times to appear and serve as a juror and upon the nonappearance of such person, and proof that such summons has been served upon him or left at his usual place of abode, may impose such fine upon the defaulter, not exceeding fifty rupees, as to the coroner seems fit.

section 33. of the coroners act : there upon such magistrate shall cause the fine to be levied in the same manner as if it had been imposed by himself.

section 35. of the coroners act : when an inquest is held on the body of a prisoner dying within a prison, no officer of the prison and no prisoner confined therein shall be a juror on such inquest.

section 41. of the coroners act : any coroner or deputy coroner failing to comply with the provisions of this act, or otherwise misconducting himself in the execution of his office, shall be liable to such fine as the chief justice of the high court, upon summary examination and proof of the failure or misconduct, thinks fit to impose.

section 36. of the coroners act : every coroner shall be entitled to such salary for the performance of the duty of his office as is prescribed in that behalf by the state government.

section 42. of the coroners act : no proceeding for anything done under this act, or for any failure to comply with its provisions, shall be commenced or prosecuted 1 after tender of sufficient amends 1. the words after the expiration of three months from such fact or failure nor were rep. by act 9 of .

section 39. of the coroners act : no coroner or deputy coroner shall be liable to serve as a juror.

section 38. of the coroners act : every coroner may from time to time, with the previous sanction of the state government, appoint, by writing under his hand, a proper person to act for him as his deputy in the holding of inquests. 1 . all inquests taken and other acts done by any such deputy, under or by virtue of any such appointment, shall be deemed to be the acts of the coroner appointing him: provided that no such deputy shall act for any such coroner except during the illness of the said coroner, or during his absence for any lawful and reasonable cause. every such appointment may at any time be cancelled and revoked by the coroner by whom it was made. 1. the words and such deputy shall take and subscribe, before one of the judges of the high court, an oath that he will faithfully discharge the duties of office were rep. by act 18 of .

section 40. of the coroners act : coroners and deputy coroners shall be privileged from arrest while engaged in the discharge of their official duty.

section 37. of the coroners act : all disbursements duly made by a coroner for fees to medical witnesses, hire of rooms for the jury, and the like, shall be repaid to him by the state government.

section 6. of the supreme court judges salaries and conditions of service act : subject to the maximum limit specified in subsection 1 of section 5, leave on half allowances may be granted to a judge in excess of the amount at his credit i on medical certificate or ii otherwise than on medical certificate, for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a judge: provided that no such leave shall be granted if the judge is not expected to return to duty at the end of such leave and earn the leave granted.

The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958

section 1. of the supreme court judges salaries and conditions of service act : show related subordinates this act may be called the supreme court judges 1 salaries and conditions of service act, . 1. subs. by s. 6, ibid., for conditions of service w.e.f. .

section 3. of the supreme court judges salaries and conditions of service act : 1 subject to the provisions of this act, leave granted to a judge may be at his option either 1 a leave on full allowances including commuted leave on half allowances into leave on full allowances on medical certificate or b leave on half allowances or c leave partly on full allowances and partly on half allowances. 2 for the purposes of this chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances. 2 3 for the purposes of this chapter, casual leave may be admissible to a judge in a calendar year, for such number of days and subject to such conditions as may be prescribed. 1. subs. by act 77 of , s. 2, for clause a w.e. f. . 2. ins. by act 13 of , s. 19 w.e.f. .

section 5a. of the supreme court judges salaries and conditions of service act : 5 5a. commutation of leave on half allowances into leave on full allowances.1 notwithstanding anything contained in subsection 2 of section 5, a judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his leave as a judge. 2 in computing the maximum period of leave on full allowances which may be granted at one time to a judge under subsection 3 of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account. 1. ins. by s. 5, ibid. w.e.f. .

section 2. of the supreme court judges salaries and conditions of service act : in this act, unless the context otherwise requires, a acting chief justice means a judge appointed under article 126 of the constitution to perform the duties of the chief justice of india b actual service includes i time spent by a judge on duty as a judge, or in the performance of such other functions as he may, at the request of the president, undertake to discharge and ii vacations c chief justice means the chief justice of india, but does not include an acting chief justice d high court means the high court for a state e judge means a judge of the supreme court and includes the chief justice and an acting chief justice f prescribed means prescribed by rules made under this act g service as a judge in india means service rendered 1 in the supreme court and in one or more of the high courts, and judge in india and service for pension as a judge in india shall be construed accordingly h service for pension includes i actual service ii time spent by a judge of a high court in attending the sittings of the supreme court as an ad hoc judge under article 127 of the constitution, if he is subsequently appointed as a judge: 2 iii the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary i vacation means such period or periods during a year as may be fixed as vacation by or under the rules of the supreme court made with the prior approval of the president. 1. subs. by act 13 of , s. 18, for certain words w.e.f. . 2. subs. by act 57 of , s. 7, for subclause iii w.e.f. .

section 7. of the supreme court judges salaries and conditions of service act : special disability leave may be granted to a judge under such circumstances, on such allowances and for such periods as may be prescribed.

section 4. of the supreme court judges salaries and conditions of service act : 1 a leave account shall be kept for each judge showing therein the amount of leave due to him in terms of leave on half allowances. 2 in the leave account of a judge a there shall be credited to him i onefourth of the time spent by him on actual service 1 ii where the judge, by reason of his having been detained for the performance of duties not connected with the supreme court, cannot enjoy any vacation which he would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month 2 iii where the judge was, prior to his appointment as such, a judge of a high court, the period of leave earned by him as a judge of the high court, 3 and b there shall be debited to him all leave with allowances taken by him. 3 this section shall be deemed to have come into force on the 1st day of may, . 1. the word and omitted by act 77 of , s. 3 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. . 3. the certain words omitted by act 7 of , s. 7 w.e.f. .

section 4a. of the supreme court judges salaries and conditions of service act : 1 4a. leave encashment.a judge shall be entitled in his entire service, including the period of service rendered either as a judge of a high court or in a pensionable post under the union or a state or on reemployment, if any, to claim the cash equivalent of leave salary on his retirement 2 in respect of the period of leave at his credit, calculated on full allowances basis, to the extent of the maximum period prescribed for encashment of such leave under the all india service leave rules, . 1. ins. by s. 8, ibid. w.e.f. . 2. subs. by act 13 of , s. 20, for in respect of the period of earned leave at his credit w.e.f. .

section 8. of the supreme court judges salaries and conditions of service act : extraordinary leave may be granted to a judge for a period not exceeding six months, or for two or more periods not exceeding in the aggregate six months, during the whole period of his service as a judge in excess of any leave permissible under the foregoing provisions of this chapter, but no salary or allowances shall be payable in respect of such leave.

section 5. of the supreme court judges salaries and conditions of service act : show related subordinates 1 the aggregate amount of leave which may be granted to a judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years 1 including the period credited to his leave account under subsection 2 a iii of section 4 as leave earned by him as a judge of a high court together with the aggregate of the periods, if any, credited to his leave account under subsection 2 a ii of section 4 as compensation for vacation not enjoyed. 2 the aggregate amount of leave on full allowances which may be granted to a judge during the whole period of his service as such shall not exceed onetwentyfourth of the period spent by him on actual service together with onehalf of the aggregate periods, if any, 2 credited to his leave account a under subsection 2 a ii of section 4 as compensation for vacation not enjoyed, and b under subsection 2 a iii of section 4 as leave earned by him as a judge of a high court. 3 3 subject to the provisions of subsection 2 of section 5a, the maximum period of leave which may be granted at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. 1. ins. by act 77 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid., for credited to his leave account under subsection 2 a ii of section 4 as compensation for vacation not enjoyed w.e.f. . 3. subs. by s. 4, ibid., for the maximum period of leave which may be granted w.e.f. .

section 9. of the supreme court judges salaries and conditions of service act : 19. leave allowances.the monthly rate of leave salary payable to a judge shall be in accordance with the provisions of subsection 1 of section 3. 1 subs. by act 13 of , s. 21, for section 9 w.e.f. .

section 14. of the supreme court judges salaries and conditions of service act : 1 1 every judge who has held any other pensionable post under the union or a state shall, on his retirement, be paid a pension in accordance with the provisions of part iii of the schedule: provided that every such judge shall elect to receive the pension payable to him either under part i of the schedule, or as the case may be, part iii of the schedule, and the pension payable to him shall be calculated accordingly. 2 2 notwithstanding anything contained in subsection 1, any judge to whom that subsection applies and who is in service on or after the 1st day of october, , may, if he has elected under the proviso to that subsection to receive the pension payable to him under 3 part iii of the schedule before the date on which the supreme court judges conditions of service amendment act, 36 of , receives the assent of the president, cancel such election and elect afresh to receive the pension payable to him under part i of the schedule and any such judge who dies before the date of such assent, shall be deemed to have elected afresh to be governed by the provisions of the said part i if the provisions of that part are more favourable in his case. 1. subs. by act 13 of , s. 23, for subsection 1 w.e.f. . 2 ins. by act 36 of , s. 2 w.e.f . 3. the words and figures part ii or, as the case may be, omitted by act 13 of , s. 23 w.e.f. .

section 10. of the supreme court judges salaries and conditions of service act : a judge may be permitted to combine vacation on full salary with leave, if a where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not at both b where the vacation is divided into two periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation: provided that no such permission to combine vacation with leave shall be granted, if it becomes necessary to appoint an acting chief justice during the period of vacation or if the judge is not expected to return to duty at the end of such leave.

section 11. of the supreme court judges salaries and conditions of service act : 1 if a judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary in respect of the period of his absence in excess of the leave granted to him or beyond the end of the vacation, as the case may be: provided that, if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account. 2 nothing in this act shall be construed as requiring a judge to rejoin on the expiration of the period of leave when that period expires immediately before the commencement of a vacation, nor as authorising any acting chief justice to continue to hold the acting appointment during the vacation.

section 12. of the supreme court judges salaries and conditions of service act : the authority competent to grant or refuse leave to a judge or to revoke or curtail the leave already granted to a judge shall be the president who shall exercise the power after consultation with the chief justice.

section 12a. of the supreme court judges salaries and conditions of service act : 1 2 12a. salaries of the judges.1 there shall be paid to the chief justice of india, by way of salary, 3 4 two lakh eighty thousand rupees per mensem. 2 there shall be paid to a judge of the supreme court, by way of salary, 5 6 two lakh fifty thousand rupees per mensem . 1. subs. by act 18 of , s. 7, for the heading pensions w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by act 23 of , s. 8, for thirtythree thousand rupees per mensem w.e.f. . 4. subs. by act 10 of , s. 6, for one lakh rupees per mensem w.e.f. . 5. subs. by act 23 of , s. 8, for thirty thousand rupees per mensem w.e.f. . 6. subs. by act 10 of , s 6, for ninety thousand rupees per mensem w.e.f. .

section 13. of the supreme court judges salaries and conditions of service act : subject to the provisions of this act, a pension shall be payable in accordance with the provisions of part i of the schedule to a judge of the supreme court on his retirement if, but only if, 1 b he has attained the age of sixtyfive years or c his retirement is medically certified to be necessitated by illhealth. 2 explanation.in this section, judge means a judge who has not held any other pensionable post under the union or a state and includes a person who was in service as a judge on the 20th may, , and also includes a judge having held any other pensionable post under the union or a state, who has elected to receive the pension payable under part i of the schedule. 1. clause a omitted by act 46 of , s. 6 w.e.f. . 2. subs. by act 13 of , s. 22, for the explanation w.e.f. .

section 13a. of the supreme court judges salaries and conditions of service act : 1 13a. benefit of added years of service.subject to the provisions of this act, a period of ten years shall be added to the service of a judge for the purposes of his pension, who qualified for appointment as such judge under subclause b of clause 3 of article 124 of the constitution. 1. ins. by act 46 of , s. 7 w.e.f. .

section 20. of the supreme court judges salaries and conditions of service act : every judge shall be entitled to subscribe to the general provident fund central services: provided that a judge who 1 has held any other pensionable civil post under the union or a state shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a judge: provided further that a judge who was appointed before the commencement of this act may continue to subscribe to the provident fund to which he was subscribing immediately before such commencement. 1. the words is a member of the indian civil service or omitted by act 13 of , s. 26 w.e.f. .

section 15. of the supreme court judges salaries and conditions of service act : the president may, for special reasons, direct that any period not exceeding three months shall be added to the service for pension of a judge, and any such period so added shall count for pension purposes a in the case of a judge who has served in the supreme court as chief justice, as service as chief justice and b in the case of any other judge, as service as any other judge.

section 16. of the supreme court judges salaries and conditions of service act : extraordinary pensions and gratuities may be granted to a judge under such circumstances and on such scales as may be prescribed.

section 16a. of the supreme court judges salaries and conditions of service act : 1 16a. family pension and gratuity.2 1 where a judge who, being in service on or after the commencement of the high court and supreme court judges conditions of service amendment act, 38 of , a dies before retirement, 3 family pension calculated at the rate of fifty per cent. of his salary 4 on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for a period of seven years or for a period up to the date on which the judge would have attained the age of sixtyfive years, had he survived, whichever is earlier, 5 and thereafter at the rate of thirty per cent. of his salary 6 and 7 b dies after retirement on attaining the age of sixtyfive years, 8 family pension shall be thirty per cent. of his salary 4 and shall be payable to the person or persons entitled thereto c dies after retirement after seeking premature retirement and before attaining the age of sixtyfive years, family pension shall be calculated at the rates specified in clause a shall be payable to the person or persons entitled thereto. 9 provided that in no case the amount of family pension calculated under this subsection shall exceed the pension payable to the judge under this act. explanation.for the purposes of determining the person or persons entitled to family pension under this subsection, i in relation to a judge who elects or is eligible to receive pension under part i of the schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group a, shall apply ii in relation to a judge who elects to receive pension under 10 part iii of the schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein. 2 the rules, notifications and orders for the time being in force with respect to the grant of deathcumretirement gratuity benefit to or in relation to an officer of the central civil services, class i including the provisions relating to deductions from pension for the purpose shall apply to or in relation to the grant of deathcumretirement gratuity benefit to or in relation to a judge who, being in service on or after the 1st day of october, , retires, or dies in circumstances to which section 16 does not apply, subject to the modifications that i the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months ii the amount of gratuity shall be calculated on the basis of 11 ten days salary for 12each completed six months period of service as a judge 13 14 explanation.15 in subsection 2, the expression judge has the same meaning as in section 13. 16explanationi/.for the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.br 1. ins. by act 36 of , s. 3 w.e.f. . 2. subs. by act 38 of , s. 8, for subsection 1 w.e.f.. 3. subs. by act 8 of , s. 2, for certain words w.e.f. 01.01.. 4. the words plus fifty per cent. of his dearness pay omitted by act 23 of , s. 9 w.e.f. . 5. subs. by act 8 of , s. 2, for and thereafter at the rate of half of the family pension so admissible w.e.f. . 6. the words plus thirty per cent. of his dearness pay omitted by act 23 of , s. 9 w.e.f. . 7. subs. by act 32 of , s. 7, for clause b w.e.f. . 8. subs. by act 8 of , s. 2, for family pension shall be thirty per cent. of the pension eligible w.e.f. . 9. the proviso ins. by s. 2, ibid. w.e.f. . 10. the words and figures part ii or omitted by act 13 of , s. 24 w.e.f. . 11. subs. by act 7 of , s. 9, for twenty days w.e.f. . 12. subs. by s. 9, ibid., for each completed year w.e.f. . 13. the word and omitted by act 20 of , s. 5 w.e.f. . 14. clause iii omitted by act 20 of , s. 5. w.e.f. . 15. subs. by act 38 of , s. 8, for in this section w.e.f. . 16. explanation ins. by act 44 of , s. 3 w.e.f. .

section 16b. of the supreme court judges salaries and conditions of service act : 316b. additional quantum of pension or family pension.every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale: age of pensioner or family pensioner additional quantum of pension or family pension from eighty years to less than eightyfive years twenty per cent. of basic pension or family pension from eightyfive years to less than ninety years thirty per cent. of basic pension or family pension from ninety years to less than ninetyfive years forty per cent. of basic pension or family pension from ninetyfive years to less than hundred years fifty per cent. of basic pension or family pension from hundred years or more hundred per cent. of basic pension or family pension. 2explanation.for the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale. 1 ins. by act 23 of , s. 10 w.e.f. . 2. explanation ins. by act 44 of , s. 3 w.e.f. .

section 19. of the supreme court judges salaries and conditions of service act : the civil pensions commutation rules for the time being in force shall, with necessary modifications, apply to judges.

section 17. of the supreme court judges salaries and conditions of service act : if, at the time of his appointment to the supreme court, a judge is in receipt of a pension in respect of any previous service either as a judge of a high court or in any other pensionable civil post under the union or a state, the pension payable to him under this act shall be an additional pension for service in the supreme court equal to the difference between his original pension and the pension to which he would have been entitled under this act, if his service in the supreme court had been rendered in continuation of the previous service for which his original pension was granted.

section 18.. of the supreme court judges salaries and conditions of service act : conversion of sterling pension into rupees. omitted by the high court and the supreme court judges salaries and conditions of service amendment act, 13 of , s. 25 w.e.f. .

section 22. of the supreme court judges salaries and conditions of service act : a judge shall receive such reasonable allowance to reimburse him for expenses incurred in travelling on duty within the territory of india and shall be afforded such reasonable facilities in connection with travelling as may, from time to time, be prescribed.

section 23d. of the supreme court judges salaries and conditions of service act : 1 2 23d. exemption from liability to pay incometax on certain perquisites received by a judge.notwithstanding anything contained in the incometax act, 43 of , a the value of rentfree official residence provided to a judge under subsection 1 of section 23 3or the allowance paid to him under subsection 1a of that section b the value of the conveyance facilities provided to a judge under section 23a c the sumptuary allowance provided to a judge under section 23b, shall not be included in the computation of his income chargeable under the head salaries under section 15 of the incometax act, 43 of . 4d the value of leave travel concession provided to a judge and members of his family. 1. ins. by act 57 of , s. 10 w.e.f. . 2. subs. by act 20 of , s. 6, for section 23d w.e.f. . 3. ins. by act 72 of , s. 3 w.e.f. . 4. ins. by act 2 of , s. 3 w.e.f. .

section 20a. of the supreme court judges salaries and conditions of service act : 1 20a. deposit linked insurance scheme.the deposit linked insurance scheme for the time being in force under the general provident fund central services rules, , shall apply to every judge whether he subscribes to the general provident fund central services or any other provident fund referred to in section 20. 1. ins. by act 38 of , s. 9 w.e.f. .

section 21. of the supreme court judges salaries and conditions of service act : save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a judge under the provisions of this act shall be the president.

section 24. of the supreme court judges salaries and conditions of service act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a leave of absence of a judge, including special disability leave 1aa the number of casual leaves and the conditions subject to which it may be allowed under subsection 3 of section 3 b pension payable to a judge, including extraordinary pensions and gratuities c travelling allowances to a judge d use of official residence by a judge e facilities for medical treatment and other conditions of service of judge f any other matter which has to be, or may be, prescribed. 2 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 13 of , s. 27 w.e.f. . 2. subs. by act 36 of , s. 5, for subsection 3 w.e.f. .

section 23. of the supreme court judges salaries and conditions of service act : 1 every judge shall be entitled without payment of rent to the use of an official residence in accordance with such rules as may, from time to time, be made in this behalf. 1 2 1a where a judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of twentyfour per centum of the salary which shall be increased at the rate of a twentyseven per centum, when dearness allowance crosses twentyfive per centum and b thirty per centum, when dearness allowance crosses fifty per centum. 3 . 2 every judge and the members of his family shall be entitled to such facilities for medical treatment and for accommodation in hospitals as may, from time to time, be prescribed. 3 the conditions of service of a judge for which no express provision has been made in this act shall be such as may be determined by rules made under this act. 4 4 subsections 1, 2 and 3 shall be deemed to have come into force on the 26th day of january, and subsection 1a shall be deemed to have come into force on the 9th day of may, and any rule made under any of the said subsections may be made so as to be retrospective to any date not earlier than the commencement of the respective subsection. 1. ins. by act 72 of , s. 2 w.e.f. . 2. subs. by act 10 of , s. 7 for sub section 1a w.e.f. . 3. the words plus thirty per cent. of the dearness pay omitted by act 23 of , s. 11 w.e.f. . 4. subs. by act 72 of , s. 2 w.e.f. .

section 23a. of the supreme court judges salaries and conditions of service act : 1 2 23a. conveyance facilities.every judge shall be entitled to a staff car and 3 two hundred litres of fuel every month or the actual consumption of fuel per month, whichever is less. 1. ins. by act 36 of , s. 4 w.e.f. . 2. subs. by act 38 of , s. 10, for section 23a w.e.f. . 3. subs. by act 20 of , s. 2, for certain words w.e.f. .

section 25. of the supreme court judges salaries and conditions of service act : nothing contained in this act shall have effect so as to give to a judge who is serving as such at the commencement of this act less favourable terms in respect of his privileges and allowances or his rights in respect of leave of absence including leave allowances or pension than those to which he would have been entitled, if this act had not been passed.

section 23b. of the supreme court judges salaries and conditions of service act : 123b. sumptuary allowance the chief justice and each of the other judges shall be entitled to a sumptuary allowance of 23fortyfive thousand rupees per month and 45thirtyfour thousand rupees per month respectively 1. 1. ins. by act 36 of , s. 4 w.e.f. 2. subs. by act 23 of , s. 12, for ten thousand w.e.f.. 3. subs. by act 10 of , s. 8, for twenty thousand w.e.f. . 4. subs. by act 23 of , s. 12, for seven thousand five hundred w.e.f. . 5. subs. by act 10 of , s. 8, for fifteen thousand w.e.f. .

section 23c. of the supreme court judges salaries and conditions of service act : 123c. medical facilities for retired judges. every retired judge shall, with effect from the date on which the supreme court judges conditions of service amendment act, 36 of receives the assent of the president, be entitled, for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a retired officer of the central civil services, class i and his family, are entitled under any rules and orders of the central government for the time being in force. 1. 1. ins. by act 36 of , s. 4 w.e.f.

section 8. of the khuda bakhsh oriental public library act : show related subordinates 1 before nominating a person to be a member of the board, the central government or the state government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the central government or the state government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest and any person who is or whom the central government or the state government, as the case may be, proposes to nominate and who has consented to be, a member shall, whenever requested by the central government or the state government so to do, furnish to it such information as that government considers necessary for the performance by it of its duties under this subsection. 2 a nominated member who is in any way, directly or indirectly, interested in a contract made or proposed to be made, by the board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the board and the disclosure shall be recorded in the minutes of the board and the member shall not take any part after the disclosure in any deliberation or decision of the board with respect to that contract.

section 1. of the khuda bakhsh oriental public library act : show related subordinates 1 this act may be called the khuda bakhsh oriental public library act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 21st july, , vide notification no. g.s.r. e, dated 17th july, , see gazette of india, extraordinary, part ii, sec. 3i/

section 2. of the khuda bakhsh oriental public library act : show related subordinates it is hereby declared that the khuda bakhsh oriental public library at patna in the state of bihar is an institution of national importance.

section 7., not to invalidate acts. of the khuda bakhsh oriental public library act : show related subordinates no act of the board shall be invalid merely by reason of a any vacancy in, or defect in the constitution of, the board, or b any defect in the nomination of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 9. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall meet at such times and places and shall, subject to the provisions of subsections 2, 3 and 4, observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made under this act. 2 the chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the board. 3 if any nominated member, being an officer of government, is unable to attend any meeting of the board, he may, with the previous approval of the chairman, authorise any person in writing to do so. 4 all questions at a meeting of the board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the chairman or, in his absence the member presiding, shall have a second or casting vote.

section 3. of the khuda bakhsh oriental public library act : show related subordinates in this act, unless the context otherwise requires, a board means the board established under section 4 b chairman means the chairman of the board c deed of trust means the deed of trust no. 217 executed in the office of the deputy registrar of patna by the late maulvi khuda bakhsh khan bahadur of muradpur on the 14th january, d fund means the fund referred to in section 19 e library means the khuda bakhsh oriental public library declared to be an institution of national importance under this act f member means a member of the board and includes the chairman g prescribed means prescribed by rules made under this act h state government means the government of bihar.

section 5. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall consist of the following persons, namely: a the governor of bihar, ex officio, chairman b the accountant general, bihar, ex officio c a person to be nominated by the central government, who shall be a member of the family of the late maulvi khuda bakhsh khan bahadur of muradpur d eight persons, four each to be nominated by the central government and the state government, who shall, as far as possible, be persons having knowledge of, and experience in, matters relating to the administration of libraries e the director, khuda bakhsh oriental public library, ex officio membersecretary. 2 every nomination under this section shall take effect as soon as it is notified by the central government in the official gazette.

section 10. of the khuda bakhsh oriental public library act : show related subordinates 1 the board may associate with itself in such manner and for such purposes as may be provided by regulations made under this act, any person whose assistance or advice it may desire in performing any of its functions under this act. 2 a person associated with it by the board under subsection 1 for any purpose shall have the right to take part in the discussions of the board relating to that purpose, but shall not, by virtue of this section, be entitled to vote.

section 4. of the khuda bakhsh oriental public library act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established for the purposes of this act, a board to be known as the khuda bakhsh oriental public library board. 2 the board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and contract, and may, by that name, sue and be sued.

section 14. of the khuda bakhsh oriental public library act : show related subordinates the library shall be located at patna.

section 6. of the khuda bakhsh oriental public library act : show related subordinates 1 the terms of office of nominated members shall be such as may be prescribed. 2 any nominated member may resign his office by giving notice in writing to the central government and to the state government, and on such resignation being notified by the central government, in the official gazette shall be deemed to have vacated his office. 3 a casual vacancy created by the resignation of a nominated member under subsection 2 or for any other reason may be filled by fresh nomination by the central government or the state government, as the case may be, and a member so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office. 4 an outgoing member shall be eligible for renomination. 5 if any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the central government or the state government, as the case may be, may nominate another person to act in his place during his absence.

section 11. of the khuda bakhsh oriental public library act : show related subordinates all orders and decisions of the board shall be authenticated by the signature of the chairman or any other member authorised by the board in this behalf, and all other instruments issued by the board shall be authenticated by the signature of an officer of the board authorised in like manner in this behalf.

section 12. of the khuda bakhsh oriental public library act : show related subordinates 1 subject to the provisions of subsection 2, the board may, for the purpose of enabling it efficiently to perform its functions under this act, appoint such number of officers and other employees as it may think fit. 2 the recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this act.

section 13. of the khuda bakhsh oriental public library act : show related subordinates subject to the provisions of this act, every person employed in the library immediately before the date of establishment of the board shall, on and from such date, become an employee of the board with such designation as the board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the board had not been established and shall continue to do so unless and until his employment in the board is terminated or until such tenure, remuneration and terms and conditions are duly altered by the board: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 15. of the khuda bakhsh oriental public library act : show related subordinates 1 on the establishment of the board i all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by the board and ii all liabilities in relation to the library which are enforceable against the said trustees, shall be enforceable only against the board. 2 all properties, which may, after the establishment of the board, be given, bequeathed or otherwise transferred to the library or acquired by the board, shall vest in the board.

section 16. of the khuda bakhsh oriental public library act : show related subordinates 1 subject to the provisions of the deed of trust, it shall be the general duty of the board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines including the microfilming of rare manuscripts and to perform such other functions as the central government may, from time to time, assign to the board. 2 in particular and without prejudice to the generality of the foregoing provision, the board may take such steps as it thinks fit a for providing for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters and b to do all such other things as may be necessary for the discharge of its functions under this act..

section 22. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall furnish to the central government at such time and in such form and in such manner as the central government may direct such returns, statements and particulars as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1 the board shall, as soon as possible after the commencement of each financial year, submit to the central government within such time as may be specified by the central government a report giving true and full account of the activities of the board during the previous financial year and an account of activities likely to be undertaken during the current financial year.

section 17. of the khuda bakhsh oriental public library act : show related subordinates 1 subject to such conditions and restrictions as the central government may think fit to impose, the board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its duties under this act. 2 subject to such regulations as may be made by the board in this behalf, the board may from time to time purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the board, be worthy of preservation in the library.

section 23. of the khuda bakhsh oriental public library act : show related subordinates 1 in the discharge of its functions under this act, the board shall be bound by such directions on questions of policy as the central government may give to it from time to time: provided that the board shall be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 18. of the khuda bakhsh oriental public library act : show related subordinates for the purpose of enabling the board to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the board in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise. rules yeardescriptionfiles kbopl rules

section 19. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall maintain a fund to which shall be credited a all moneys paid by the central government b such sums of money as the state government may pay annually having regard to its resolution no. v/l /60e 120, dated the 26th september, c all fees and other charges levied under this act d all moneys received by the board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer e all other moneys received by the board in any other manner or from any other source. 2 the board may expend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund. 3 a sum of money not exceeding such amount as may be provided by regulations made under this act may be kept in current account with any scheduled bank as defined in section 2 of the reserve bank of india act, 2 of , or any other bank approved by the central government in this behalf, but any moneys in excess of that sum shall be deposited in the reserve bank of india or with the agents of the reserve bank of india or invested in such manner as may be approved by the central government.

section 21. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as may be specified, and in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the board, and the library. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 20. of the khuda bakhsh oriental public library act : show related subordinates 1 the board shall, by such date in each year as may be specified by the central government, submit to it for approval a budget for the next financial year in the form specified by it, showing the estimated receipts and expenditure, and the sums which would be required from the central government during that financial year. 2 if any sum granted by the central government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the central government for that year. 3 subject to the provisions of subsection 4, no sum shall be expended by or on behalf of the board, unless the expenditure is covered by provision in the budget approved by the central government. 4 subject to such conditions and restrictions as the central government may think fit to impose, the board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. rules yeardescriptionfiles kbopl rules

section 26. of the khuda bakhsh oriental public library act : show related subordinates no suit, prosecution or other legal proceeding shall lie against the board or any member, officer or employee of the board for any thing which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder.

section 28. of the khuda bakhsh oriental public library act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, for enabling it to discharge its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the conditions and restrictions subject to which manuscripts and books in the library may be used b the manner in which, and the purposes for which, persons may be associated with the board c the time and place of meetings of the board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting d the maintenance of minutes of meetings of the board and the transmission of copies thereof to the central government e the recruitment and conditions of service of officers and other employees of the board f the persons by whom and the manner in which, payments, deposits and investments may be made on behalf of the board g the maximum amount that may be kept in the current account h the maintenance of registers and accounts i the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library j the steps to be taken for the preservation of the manuscripts, books and other articles and things in the library k the general management of the library l the fees and other charges to be levied for the use of manuscripts and books in the library m any other matter in respect of which provision is, in the opinion of the board, necessary for the performance of its functions under this act. 3 the central government may, after consultation with the board, by notification in the official gazette, amend, vary or rescind any regulation which it has approved and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the board under subsections 1 and 2. 1 4 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 51 of , s. 3 w.e.f.

section 24. of the khuda bakhsh oriental public library act : show related subordinates the board may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the board specified in this behalf in the order.

section 25. of the khuda bakhsh oriental public library act : show related subordinates all officers and employees of the board shall, when acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 27. of the khuda bakhsh oriental public library act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act: provided that when the board has been established, no such rules shall be made without consulting the board. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of, and the manner of filling casual vacancies among, the members nominated under clauses c and d of subsection 1 of section 5 b the travelling and other allowances payable to a member other than the chairman and to a person associated with the board under section 10 c the disqualifications for membership of the board and the procedure to be followed in removing a member who is or becomes subject to any disqualification d the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the board e any other matter which has to be or may be prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 1 or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 51 of , s. 2, for certain words w.e.f. .

section 8. of the passports act : 1 8. extension of period of passport.where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writing otherwise determines, be extendable for a further period which together with the shorter period shall not exceed the prescribed period and the provisions of this act shall apply to such extension as they apply to the issue thereof. 1. subs. by act 35 of , s. 3, for section 8 w.e.f. .

section 1. of the passports act : 1 this act may be called the passports act, . 2 it extends to the whole of india and applies also to citizens of india who are outside india.

section 2. of the passports act : in this act, unless the context otherwise requires, a departure, with its grammatical variations and cognate expressions, means departure from india by water, land or air b passport means a passport issued or deemed to have been issued under this act c passport authority means an officer or authority empowered under rules made under this act to issue passports or travel documents and includes the central government d prescribed means prescribed by rules made under this act e travel document means a travel document issued or deemed to have been issued under this act.

section 7. of the passports act : a passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class: provided that a passport or travel document may be issued for a shorter period than the prescribed period a if the person by whom it is required so desires or b if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period.

section 6. of the passports act : 1 subject to the other provisions of this act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause b or clause c of subsection 2 of section 5 on any one or more of the following grounds, and on no other ground, namely: a that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of india b that the presence of the applicant in such country may, or is likely to, be detrimental to the security of india c that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of india with that or any other country d that in the opinion of the central government the presence of the applicant in such country is not in the public interest. 2 subject to the other provisions of this act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause c of subsection 2 of section 5 on any one or more of the following grounds, and on no other ground, namely: a that the applicant is not a citizen of india b that the applicant may, or is likely to, engage outside india in activities prejudicial to the sovereignty and integrity of india c that the departure of the applicant from india may, or is likely to, be detrimental to the security of india d that the presence of the applicant outside india may, or is likely to, prejudice the friendly relations of india with any foreign country e that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in india for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years f that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in india g that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from india of the applicant has been made by any such court h that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation i that in the opinion of the central government the issue of a passport or travel document to the applicant will not be in the public interest.

section 3. of the passports act : show related subordinates no person shall depart from, or attempt to depart from india unless he holds in this behalf a valid passport or travel document. explanation.for the purposes of this section, a passport includes a passport which having been issued by or under the authority of the government of a foreign country satisfies the conditions prescribed under the passport entry into india act, 34 of , in respect of the class of passports to which it belongs b travel document includes a travel document which having been issued by or under the authority of the government of a foreign country satisfies the conditions prescribed.

section 10. of the passports act : show related subordinates 1 the passport authority may, having regard to the provisions of subsection 1 of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the central government, vary or cancel the conditions other than the prescribed conditions subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice. 2 the passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the central government also vary or cancel the conditions other than the prescribed conditions of the passport or travel document. 3 the passport authority may impound or cause to be impounded or revoke a passport or travel document, a if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof b if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf: 1 provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport. c if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public d if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in india for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years e if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in india f if any of the conditions of the passport or travel document has been contravened g if the holder of the passport or travel document has failed to comply with a notice under subsection 1 requiring him to deliver up the same h if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from india of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made. 4 the passport authority may also revoke a passport or travel document on the application of the holder thereof. 5 where the passport authority makes an order varying or cancelling the endorsements on, or varying the conditions of, a passport or travel document under subsection 1 or an order impounding or revoking a passport or travel document under subsection 3, it shall record in writing a brief statement of the reasons for making such order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or in the interests of the general public to furnish such a copy. 6 the authority to whom the passport authority is subordinate may, by order in writing, impound or cause to be impounded or revoke a passport or travel document on any ground on which it may be impounded or revoked by the passport authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the impounding or revocation of a passport or travel document by such authority. 7 a court convicting the holder of a passport or travel document of any offence under this act or the rules made thereunder may also revoke the passport or travel document: provided that if the conviction is set aside on appeal or otherwise the revocation shall become void. 8 an order of revocation under subsection 7 may also be made by an appellate court or by the high court when exercising its powers of revision. 9 on the revocation of a passport or travel document under this section the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in this behalf in the order of revocation. 1. the proviso ins. by act 35 of , s. 4 w.e.f. .

section 10b. of the passports act : 110b. validation of intimations.every intimation given by the central government or the designated officer, before the commencement of the passports amendment act, 17 of , to any immigration authority at an airport or any other point of embarkation or immigration, restricting or in any manner prohibiting the departure from india of any holder of the passport or travel document under subsection 3 of section 10, shall be deemed to be an order under subsection 1 of section 10a and such order shall continue to be in force for a period of three months from the date of commencement of the passports amendment act, , or the date of giving such intimation, whichever is later. explanation.for the purposes of sections 10a and 10b, the expression designated officer means such officer or authority designated, by order in writing, as such by the central government.

section 4. of the passports act : 1 the following classes of passports may be issued under this act, namely: a ordinary passport b official passport c diplomatic passport. 2 the following classes of travel documents may be issued under this act, namely: a emergency certificate authorising a person to enter india b certificate of identity for the purpose of establishing the identity of a person c such other certificate or document as may be prescribed. 3 the central government shall, in consonance with the usage and practice followed by it in this behalf, prescribe the classes of persons to whom the classes of passports and travel documents referred to respectively in subsection 1 and subsection 2 may be issued under this act.

section 11. of the passports act : 1 any person aggrieved by an order of the passport authority under clause b or clause c of subsection 2 of section 5 or clause b of the proviso to section 7 or subsection 1, or subsection 3 of section 10 or by an order under subsection 6 of section 10 of the authority to whom the passport authority is subordinate, may prefer an appeal against that order to such authority hereinafter referred to as the appellate authority and within such period as may be prescribed: provided that no appeal shall lie against any order made by the central government. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfied the appellate authority that he had sufficient cause for not preferring the appeal within that period. 3 the period prescribed for an appeal shall be computed in accordance with the provisions of the limitation act, 36 of , with respect to the computation of the periods of limitation thereunder. 4 every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the statement of the reasons for the order appealed against where such copy has been furnished to the appellant and 1 by such fee as may be prescribed for meeting the expenses that may be incurred in calling for relevant records and for connected services. 5 in disposing of an appeal, the appellate authority shall follow such procedure as may be prescribed: provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity or representing his case. 6 every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final. 1 subs. by act 35 of , s. 5, for by such fee if any not exceeding rupees twentyfive as may be prescribed w.e.f. .

section 5. of the passports act : 1 1 an application for the issue of a passport under this act for visiting such foreign country or countries not being a named foreign country as may be specified in the application may be made to the passport authority and shall be accompanied by 2 such fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents. explanation.in this section, named foreign country means such foreign country as the central government may, by rules made under this act, specify in this behalf. 1a an application for the issue of i a passport under this act for visiting a named foreign country or ii a travel document under this act, for visiting such foreign country or countries including a named foreign country as may be specified in the application or for an endorsement on the passport or travel document referred to in this section, may be made to the passport authority and shall be accompanied by such fee if any not exceeding rupees fifty, as may be prescribed. 1b every application under this section shall be in such form and contain such particulars as may be prescribed. 2 on receipt of an application 3 under this section, the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this act, by order in writing, a issue the passport or travel document with endorsement ,or, as the case may be, make on the passport or travel document the endorsement, in respect of the foreign country or countries specified in the application or b issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of one or more of the foreign countries specified in the application and refuse to make an endorsement in respect of the other country or countries or c refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement. 3 where the passport authority makes an order under clause b or clause c of subsection 2 on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or in the interests of the general public to furnish such copy. 1 subs. by act 31 of , s. 2, for subsection 1 w.e.f. . 2 subs. by act 35 of , s. 2, for a fee of rupees fifty w.e.f. . 3 ins. by act 31 of s. 2 w.e.f. .

section 13. of the passports act : 1 any officer of customs empowered by a general or special order of the central government in this behalf and any 1 officer of police or emigration officer not below the rank of a subinspector may arrest without warrant any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12 and shall, as soon as may be, inform him of the grounds for such arrest. 2 every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest police station and the provisions of 2 section 57 of the code of criminal procedure, 2 of shall, so far as may be, apply in the case of any such arrest. 1. subs. by s. 7, ibid., for officer of police w.e.f. . 2. subs. by act 31 of , s. 3, for section 61 of the code of criminal procedure, 5 of w.e.f. .

section 9. of the passports act : the conditions subject to which, and the form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed: provided that different conditions and different forms may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class: provided further that a passport or travel document may contain in addition to the prescribed conditions such other conditions as the passport authority may, with the previous approval of the central government, impose in any particular case.

section 15. of the passports act : no prosecution shall be instituted against any person in respect of any offence under this act without the previous sanction of the central government or such officer or authority as may be authorised by that government by order in writing in this behalf.

section 10a. of the passports act : 110a. suspension of passports or travel documents in certain cases.1 without prejudice to the generality of the provisions contained in section 10, if the central government or any designated officer is satisfied that the passport or travel document is likely to be impounded or caused to be impounded or revoked under clause c of subsection 3 of section 10 and it is necessary in the public interest so to do, it or he may, a by order, suspend, with immediate effect, any passport or travel document b pass such other appropriate order which may have the effect of rendering any passport or travel document invalid, for a period not exceeding four weeks: provided that the central government or the designated officer may, if it or he considers appropriate, extend, by order and for reasons to be recorded in writing, the said period of four weeks till the proceedings relating to variation, impounding or revocation of passport or travel document under section 10 are concluded: provided further that every holder of the passport or travel document, in respect of whom an order under clause a or clause b of this subsection had been passed, shall be given an opportunity of being heard within a period of not later than eight weeks reckoned from the date of passing of such order and thereupon the central government may, if necessary, by order in writing, modify or revoke the order passed under this subsection. 2 the designated officer shall immediately communicate the order passed under subsection 1, to the concerned authority at an airport or any other point of embarkation or immigration, and to the passport authority. 3 every authority referred to in subsection 2 shall, immediately on receipt of the order passed under subsection 1, give effect to such order. 1. ins by act 17 of , s. 2 w.e.f. .

section 12. of the passports act : 1 whoever a contravenes the provisions of section 3 or b knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document or c fails to produce for inspection his passport or travel document whether issued under this act or not when called upon to do so by the prescribed authority or d knowingly uses a passport or travel document issued to another person or e knowingly allows another person to use a passport or travel document issued to him, shall be punishable with imprisonment for a term which may extend to 1 two years or with fine which may extend to five thousand rupees or with both. 2 1a whoever, not being a citizen of india, a makes an application for a passport or obtains a passport by suppressing information about his nationality, or b holds a forged passport or any travel document, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees. 2 whoever abets any offence punishable under 3 subsection 1 or subsection 1a shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided in that subsection for that offence. 3 whoever contravenes any condition of a passport or travel document or any provision of this act or any rule made thereunder for which no punishment is provided elsewhere in this act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 4 whoever, having been convicted of an offence under this act, is again convicted of an offence under this act shall be punishable with double the penalty provided for the latter offence. 1. subs. by s. 6, ibid., for six months or with fine which may extend to two thousand rupees w.e.f. . 2. ins. by act 35 of s. 6, w.e.f. . 3. subs. by s. 6, ibid., for subsection 1 w.e.f.

section 14. of the passports act : 1 any officer of customs empowered by a general or special order of the central government in this behalf and any 1 officer of police or emigration officer not below the rank of a subinspector may search any place and seize any passport or travel document from any person against whom a reasonable suspicion exists that he has committed any offence punishable under section 12. 2 the provisions of the 2 code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to searches and seizures under this section. 1. subs. by s. 7, ibid., for officer of police w.e.f. . 2. subs. by s. 4, ibid., for code of criminal procedure, 5 of w.e.f. .

section 16. of the passports act : no suit, prosecution or other legal proceeding shall lie against the government or any officer or authority for anything which is in good faith done or intended to be done under this act.

section 17. of the passports act : a passport or travel document issued under this act shall at all times remain the property of the central government.

section 22. of the passports act : show related subordinates where the central government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the official gazette and subject to such conditions, if any, as it may specify in the notification, a exempt any person or class of persons from the operation of all or any of the provisions of this act or the rules made thereunder and b as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions.

section 23. of the passports act : show related subordinates the provisions of this act shall be in addition to and not in derogation of the provisions of the passport entry into india act, 34 of , 14 the emigration act, 31 of the registration of foreigners act, 16 of , the foreigners act, 31 of , trading with the enemy continuance of emergency provisions 16 of , the foreigners law application and amendment act, 42 of , 15 the foreign exchange regulation act, 46 of and other enactments relating to foreigners and foreign exchange. 1 subs. by act 35 of , s. 9, for the emigration act, 7 of w.e.f. . 2 ins. by act 31 of , s. 5, ibid. w.e.f. .

section 18. of the passports act : show related subordinates passports, etc., not to be issued to persons who cannot emigrate under act 7 of .omitted by the passports amendment act, 35 of , s. 8 w.e.f. .

section 24. of the passports act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the appointment, jurisdiction, control and functions of passport authorities b the classes of persons to whom passports and travel documents referred to respectively in subsection 1 and subsection 2 of section 4 may be issued c the form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time within which it shall be made d the period for which passports and travel documents shall continue in force e the form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied 1ee specifying the foreign country for the purposes of the explanation to subsection 1 of section 5 f the fees payable in respect of 2any application for the issue of a passport under subsection 1 of section 5 or issue of a passport for visiting a foreign country referred to in subsection 1a of section 5 or travel document or for varying any endorsement or making a fresh endorsement on a passport or a travel document and the fees payable in respect of any appeal under this act g the appointment of appellate authorities under subsection 1 of section 11, the jurisdiction of, and the procedure which may be followed by, such appellate authorities h the services including the issue of a duplicate passport or travel document in lieu of a passport or travel document lost, damaged or destroyed which may be rendered in relation to a passport or travel document and the fees therefor i any other matter which is to be or may be prescribed or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary for the proper implementation of the act. 3 every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 18 in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 ins. by act 31 of , s. 6 w.e.f. . 2 the words issue or renewal of a passport of clause f were subs. by act 31 of , s. 6 w.e.f. to read as issue or renewal of a passport for visiting a foreign country referred to in subsection 1a of section 5and the words any application for the issue or renewal of a passport were further subs. by act 35 of , s.10 to read as above w.e.f.. 3 subs. by act 31 of , s. 6, for certain words w.e.f. .

section 19. of the passports act : show related subordinates upon the issue of a notification by the central government that a foreign country is a a country which is committing external aggression against india or b a country assisting the country committing external aggression against india or c a country where armed hostilities are in progress or d a country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the government of india, a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority.

section 20. of the passports act : notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the central government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of india if that government is of the opinion that it is necessary so to do in the public interest.

section 26. of the passports act : saving as to certain passports and applications.omitted by the passports amendment act, 35 of , s. 8 w.e.f. .

section 21. of the passports act : show related subordinates the central government may, by notification in the official gazette, direct that any power or function which may be exercised or performed by it under this act other than the power under clause d of subsection 1 of section 6 or the power under clause i of subsection 2 of that section or the power under section 24, may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed a by such officer or authority subordinate to the central government or b by any state government or by any officer or authority subordinate to such government or c in any foreign country in which there is no diplomatic mission of india, by such foreign consular officer as may be specified in the notification.

section 27. of the passports act : 1 the passports ordinance, 4 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken or purporting to have been done or taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 5th day of may, .

section 25. of the passports act : in the indian passport act, , in subsection 1 of section 1, for the words and figures the indian passport act, , the words, brackets and figures the passport entry into india act, shall be substituted.

section 7a. of the beedi and cigar workers conditions of employment act : 1 7a. inspector not to disclose the source of any complaint, etc.1 no inspector shall disclose the source of any complaint made to him regarding the contravention of any of the provisions of this act. 2 no inspector shall, while making an inspection under this act in pursuance of a complaint received by him, disclose to the employer or contractor concerned or any of his representatives that the inspection is being made in pursuance of a complaint: provided that nothing in this section shall apply to any case in which the person who has made the complaint has consented to disclose his name. 1. ins. by act 41 of , s. 3 w.e.f. .

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

section 1. of the beedi and cigar workers conditions of employment act : 1 this act may be called the beedi and cigar workers conditions of employment act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force in a state on such date1 as the state government may, by notification in the official gazette, appoint and different dates may be appointed by the state government for different areas and for different provisions of this act. 1. 10th february, , vide notification no.iie/21/70, dated the 9th february, , in respect of section 3, in the state of orissa. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the beedi and cigar workers conditions of employment act : 1 any person who intends to use or allows to be used any place or premises as industrial premises shall make an application in writing to the competent authority, in such form on payment of such fees as may be prescribed, for a licence to use, or allow to be used, such premises as an industrial premises. 2 the application shall specify the maximum number of employees proposed to be employed at any time of the day in the place or premises and shall be accompanied by a plan of the place or premises prepared in such manner as may be prescribed. 3 the competent authority shall, in deciding whether to grant or refuse a licence, have regard to the following matters: a the suitability of the place or premises which is proposed to be used for the manufacture of beedi or cigar or both b the previous experience of the applicant c the financial resources of the applicant including his financial capacity to meet the demands arising out of the provisions of the laws for the time being in force relating to welfare of labour d whether the application is made bona fide on behalf of the applicant himself or in benami of any other person e welfare of the labour in the locality, the interest of the public generally and such other matters as may be prescribed. 4 a a licence granted under this section shall not be valid beyond the financial year in which it is granted but may be renewed from financial year to financial year. b an application for the renewal of a licence granted under this act shall be made at least thirty days before the expiry of the period thereof, on payment of such fees as may be prescribed, and where such an application has been made, the licence shall be deemed to continue, notwithstanding the expiry of the period thereof, until the renewal of the licence, or, as the case may be, the rejection of the application for the renewal thereof. c the competent authority shall, in deciding whether to renew a licence or to refuse a renewal thereof, have regard to the matters specified in subsection 3. 5 the competent authority shall not grant a renew a licence unless it is satisfied that the provisions of this act and the rules made thereunder have been substantially complied with. 6 the competent authority may, after giving the holder of a licence an opportunity of being heard, cancel or suspend any licence granted or renewed under this act if it appears to it that such licence has been obtained by misrepresentation or fraud or that the licensee has contravened or failed to comply with any of the provisions of this act or the rules made thereunder or any of the terms or conditions of the licence. 7 the state government may issue in writing to a competent authority such directions of a general character as that government may consider necessary in respect of any matter relating to the grant or renewal of licences under this section. 8 subject to the foregoing provisions of this section, the competent authority may grant or renew licences under this act on such terms and conditions as it may determine and where the competent authority refuses to grant or renew any licence, it shall do so by an order communicated to the applicant, giving the reasons in writing for such refusal.

section 7. of the beedi and cigar workers conditions of employment act : 1 subject to any rules made by the state government in this behalf, an inspector may, within the local limits for which he is appointed, a make such examination and hold such inquiry as may be necessary for ascertaining whether the provisions of this act have been or are being complied with in any place or premises: provided that no person shall be compelled under this section to answer any question or to give any evidence which may tend to incriminate himself b require the production of any prescribed register and any other document relating to the manufacture of beedi or cigar or both c enter, with such assistants as he thinks fit, at all times any place or premises including the residences of employees if he has reasonable grounds for suspecting that any manufacturing process is being carried on or is ordinarily carried on in any such place or premises d exercise such other powers as may be prescribed. 2 if an inspector has reasonable grounds for suspecting that any manufacturing process is being carried on in any establishment in contravention of the provisions of this act, he may, after giving due notice to the employer or, in the absence of the employer, to the occupier, enter such establishment with such assistants, if any, as he may think fit. 3 every employer or occupier shall accord to the chief inspector or the inspector, as the case may be, all reasonable facilities in the discharge of his duties under this act.

section 2. of the beedi and cigar workers conditions of employment act : in this act, unless the context otherwise requires, a adult means a person who has completed eighteen years of age b child means a person who has not completed fourteen years of age c competent authority means any authority authorised by the state government by notification in the official gazette to perform all or any of the functions of the competent authority under this act and for such areas as may be specified therein d contractor means a person who, in relation to a manufacturing process, undertakes to produce a given result by executing the work through contract labour or who engages labour for any manufacturing process in a private dwelling house and includes a subcontractor, agent, munshi, thekedar e contract labour means any person engaged or employed in any premises by or through contractor, with or without the knowledge of the employer, in any manufacturing process f employee means a person employed directly or through any agency, whether for wages or not, in any establishments 1 or godown to do any works skilled, unskilled, manual or clerical, and includes i any labour who is given raw materials by an employer or a contractor for being made into beedi or cigar or both at home hereinafter referred to in this act as home worker, and ii any person not employed by an employer or a contractor but working with the permission of, or under agreement with, the employer or contractor 1 or both g employer means, a in relation to contract labour, the principal employer and b in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establishment are entrusted, whether such other person is called the managing agent, manager, superintendent or by any other name h establishment means any place or premises including the precincts thereof in which or in any part of which any manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on and includes an industrial premises 2 hh godown means any warehouse or other place, by whatever name called, used for the storage of i any article or substance required for any manufacturing process or ii beedi or cigar or both i industrial premises means any place or premises not being a private dwelling house, including the precincts thereof, in which or in any part of which any industry or manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on with or without the aid of power, 3 and includes a godown attached thereto j inspector means an inspector appointed under subsection 1 of section 6 k manufacturing process means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedi or cigar or both l prescribed means prescribed by rules made by the state government under this act m principal employer means a person for whom or on whose behalf any contract labour is engaged or employed in an establishment n private dwelling house means a house in which persons engaged in the manufacture of beedi or cigar or both reside o state government, in relation to a union territory, means the administrator thereof p week means a period of seven days, beginning at midnight on saturday q young person means a person who has completed fourteen years of age but has not completed eighteen years of age. 1. ins. by act 41 of , s. 2 w.e.f. . 2. ins. by act 41 of , s. 2 w.e.f. . 3. added by s. 2, ibid. w.e.f. .

section 9. of the beedi and cigar workers conditions of employment act : 1 for the purpose of preventing injury to the health of the persons working therein, every industrial premises shall maintain such standards of lighting, ventilation and temperature, as may be prescribed. 2 wherever dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the persons employed in any industrial premises is given off by reason of the manufacturing process carried on in such premises, the competent authority may require the employer to take such effective measures as may prevent the inhalation of such dust, fume or other impurity and accumulation thereof in any work room.

section 3. of the beedi and cigar workers conditions of employment act : save as otherwise provided in this act, no employer shall use or allow to be used any place or premises as an industrial premises unless he holds a valid licence issued under this act and no such premises shall be used except in accordance with the terms and conditions of such licenced.

section 10. of the beedi and cigar workers conditions of employment act : 1 no room in any industrial premises shall be overcrowded to an extent injurious to the health of the persons employed therein. 2 without prejudice to the generality of subsection 1, there shall be in any work room of such premises at least four and a quarter cubic metres of space for every person employed therein, and for the purposes of this subsection, no account shall be taken of any space which is more than three metres above the level of the floor of the work room.

section 5. of the beedi and cigar workers conditions of employment act : any person aggrieved by the decision of the competent authority refusing to grant or renew a licence or cancelling or suspending a licence may, within such time and on payment of such fees, not exceeding twenty rupees, as may be prescribed, appeal to such authority as the state government may, by notification in the official gazette, specify in this behalf, and such authority may by order confirm, modify or reverse any order refusing to grant or renew a licence or cancelling or suspending a licence.

section 6. of the beedi and cigar workers conditions of employment act : 1 the state government may, by notification in the official gazette, appoint such of its officers or such officers of any local authority as it thinks fit to be inspectors for the purposes of this act and may assign to them such local limits as it may think fit. 2 the state government may, by notification in the official gazette, appoint any person to be a chief inspector who shall exercise the powers of an inspector throughout the state. 3 every chief inspector and inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 12. of the beedi and cigar workers conditions of employment act : 1 in every industrial premises, sufficient latrine and urinal accommodation of such types as may be prescribed shall be provided and shall be so conveniently situated as may be accessible to the employees at all times while they are in the industrial premises: provided that it shall not be necessary to provide separate urinals in industrial premises where less than fifty persons are employed or where the latrines are connected to a waterborne sewage system. 2 the state government may specify the number of latrines and urinals which shall be provided in any industrial premises in proportion to any number of male and female employees ordinarily employed therein, and may provide for such further matters in respect of sanitation in the industrial premises including obligation of the employees in this regard as it may consider necessary in the interest of the health of the persons employed therein.

section 8. of the beedi and cigar workers conditions of employment act : every industrial premises shall be kept clean and free from effluvia arising from any drain, privy or other nuisance and shall also maintain such standard of cleanliness including white washing, colour washing, varnishing or painting, as may be prescribed.

section 11. of the beedi and cigar workers conditions of employment act : 1 the employer shall make in every industrial premises effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. 2 all such points shall be legibly marked drinking water in a language understood by the majority of the persons employed in the industrial premises and no such point shall be situated within six metres of any washing place, urinal or latrine except with the prior approval in writing of the competent authority.

section 13. of the beedi and cigar workers conditions of employment act : in every industrial premises, where blending or sieving or both of tobacco or warming of beedi in hot ovens is carried on, the employer shall provide such washing facilities for the use of the employees, as may be prescribed.

section 19. of the beedi and cigar workers conditions of employment act : the periods of work for employees in an industrial premises each day shall be so fixed that no period shall exceed five hours and that no employee shall work for more than five hours before he has had an interval for rest of at least half an hour.

section 14. of the beedi and cigar workers conditions of employment act : 1 in every industrial premises wherein more than 1 thirty female employees are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female employees. 2 such rooms shall a provide adequate accommodation b be adequately lighted and ventilated c be maintained in a clean and sanitary condition d be under the charge of women trained in the care of children and infants. 3 the state government may make rules, a prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section b requiring the provision in any industrial premises to which this section applies, of additional facilities for the care of children belonging to female employees, including suitable provision of facilities for washing and changing their clothing c requiring the provision in any industrial premises of free milk or refreshment or both for such children d requiring that facilities shall be given in any industrial premises for the mothers of such children to feed them at necessary intervals. 1. subs. by act 41 of , s. 4, for fifty w.e.f. .

section 15. of the beedi and cigar workers conditions of employment act : every industrial premises shall provide such first aid facilities as may be prescribed.

section 16. of the beedi and cigar workers conditions of employment act : the state government may, by rules, require the employer to provide and maintain in every industrial premises wherein not less than two hundred and fifty employees are ordinarily employed, a canteen for the use of the employees.

section 17. of the beedi and cigar workers conditions of employment act : no employee shall be required or allowed to work in any industrial premises for more than nine hours in any day or for more than fortyeight hours in any week: provided that any adult employee may be allowed to work in such industrial premises for any period in excess of the limit fixed under this section subject to the payment of overtime wages if the period of work, including overtime work, does not exceed ten hours in any day and in the aggregate fiftyfour hours in any week.

section 20. of the beedi and cigar workers conditions of employment act : the periods of work of an employee in an industrial premises shall be so arranged that inclusive of his intervals for rest under section 19, they shall not spread over more than ten and a half hours in any day: provided that the chief inspector may, for reasons to be specified in writing, increase the spread over to twelve hours.

section 23. of the beedi and cigar workers conditions of employment act : no employee shall be employed in any industrial premises otherwise than in accordance with the notice of work displayed in the premises under section 22.

section 18. of the beedi and cigar workers conditions of employment act : 1 where any employee employed in any industrial premises is required to work overtime, he shall be entitled in respect of such overtime work, to wages at the rate of twice his ordinary rate of wages. 2 where the employees in an industrial premises are paid on a piecerate basis, the overtime rate shall be calculated, for the purposes of this section, at the time rates which shall be as nearly as possible equivalent to the daily average of their full time earnings for the days on which they had actually worked during the week immediately preceding the week in which the overtime work has been done. 1 explanation.where an employee had not worked on any day of the week immediately preceding the week in which the overtime work has been done, any week preceding such week in which he had actually worked shall be taken into account in calculating the overtime rate for the purposes of this subsection. 3 for the purposes of this section, ordinary rates of wages means the basic wages plus such allowance, including the cash equivalent of the advantage accruing through the concessional sale to the employees of foodgrains and other articles as the employee is for the time being entitled to but does not include bonus. 4 the cash equivalent of the advantage accruing through the concessional sale to an employee of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. explanation i.standard family means a family consisting of the employee, his or her spouse and two children requiring in all three adult consumption units. explanation ii.adult consumption units means the consumption unit of a male above the age of fourteen years and the consumption unit of a female above the age of fourteen years and that of a child shall be calculated at the rate of eighttenths and sixtenths, respectively, of one adult consumption unit. 1. ins. by act 41 of , s. 5 w.e.f. .

section 27. of the beedi and cigar workers conditions of employment act : 1 for the leave allowed to him under section 26, an employee shall be paid at the rate equal to the daily average of his total full time earnings for the days on which he had worked during the month immediately preceding his leave exclusive of any overtime earnings and bonus but inclusive of dearness and other allowances. explanation i.in this subsection, the expression total full time earnings includes the cash equivalent of the advantage accruing through the concessional sale to employees of foodgrains and other articles, as the employee is for the time being entitled to, but does not include bonus. explanation ii.for the purposes of determining the wages payable to a home worker during leave period or for the purpose of payment of maternity benefit to a woman home worker, day shall mean any period during which such home worker was employed, during a period of twentyfour hours commencing at midnight, for making beedi or cigar or both. 2 an employee who has been allowed leave for not less than four days in the case of an adult and five days in the case of a young person, shall, before his leave begins, be paid wages due for the period of the leave allowed.

section 21. of the beedi and cigar workers conditions of employment act : 1 every industrial premises shall remain entirely closed, except for wetting of beedi or tobacco leaves, on one day in the week which day shall be specified by the employer in a notice exhibited in a conspicuous place in the industrial premises and the day so specified shall not be altered by the employer more often than once in three months and except with the previous written permission of the chief inspector. 1 provided that a copy of every such notice shall be sent to the inspector having jurisdiction over the industrial premises within two weeks from the date on which such notice is exhibited in the industrial premises. 2 notwithstanding anything contained in subsection 1, an employee employed in the said premises for wetting of beedi or tobacco leaves on the day on which it remains closed in pursuance of subsection 1, shall be allowed a substituted holiday on one of the three days immediately before or after the said day. 3 for a holiday under this section, an employee shall be paid, notwithstanding any contract to the contrary, at the rate equal to the daily average of his total full time earnings for the days on which he had worked during the week immediately preceding the holiday exclusive of any overtime earnings and bonus but inclusive of dearness and other allowances. explanation.the expression total full time earnings shall have the meaning assigned to it in section 27. 1. the proviso added by s. 6, ibid. w.e.f. .

section 22. of the beedi and cigar workers conditions of employment act : 1 there shall be displayed and correctly maintained in every industrial premises a notice of periods of work in such form and in such manner as may be prescribed, showing clearly for every day the periods during which the employees may be required to work. 2 a a copy of the notice referred to in subsection 1 shall be sent in triplicate to the inspector having jurisdiction over the industrial premises within two weeks from the date of the grant of a licence for the first time under this act, in the case of any industrial premises carrying on work at the commencement of this act, and in the case of any industrial premises beginning work after such commencement, before the day on which the work is begun in the industrial premises. b any proposed change in the system of work which will necessitate a change in the notice referred to in subsection 1 shall be notified to the inspector in triplicate before the change is made and except with the previous sanction of the inspector, no such change shall be made until one week has elapsed since the last change.

section 29. of the beedi and cigar workers conditions of employment act : 1 the state government may permit the wetting or cutting of beedi or tobacco leaves by employees outside the industrial permises on an application made to it by the employer on behalf of such employees. 2 the employer shall maintain in the prescribed form a record of the work permitted under subsection 1 to be carried on outside the industrial premises. 3 save as otherwise provided in this section, no employer shall require or allow any manufacturing process connected with the making of beedi or cigar or both to be carried on outside the industrial premises: provided that nothing in this subsection shall apply to any labour who is given raw material by an employer or a contractor for being made into beedi or cigar or both at home.

section 24. of the beedi and cigar workers conditions of employment act : no child shall be required or allowed to work in any industrial premises.

section 31. of the beedi and cigar workers conditions of employment act : 1 no employer shall dispense with the services of an employee who has been employed for a period of six months or more, except for a reasonable cause, and without giving such employee at least one months notice or wages in lieu of such notice: provided that such notice shall not be necessary if the services of such employee are dispensed with on a charge of misconduct supported by satisfactory evidence recorded at an inquiry held by the employer for the purpose. 2 a the employee discharged, dismissed or retrenched may appeal to such authority and within such time as may be prescribed either on the ground that there was no reasonable cause for dispensing with his services or on the ground that he had not been guilty of misconduct as held by the employer or on the ground that such punishment of discharge or dismissal was severe. b the appellate authority may, after giving notice in the prescribed manner to the employer and the employee, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period during which he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case. 1 2a the appellate authority shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a enforcing the attendance of any person and examining him on oath and b compelling the production of documents and material objects. 3 the decision of the appellate authority shall be final and binding on both the parties and be given effect to within such time as may be specified in the order of the appellate authority. 1. ins. by act 41 of , s. 7 w.e.f. .

section 25. of the beedi and cigar workers conditions of employment act : no woman or young person shall be required or allowed to work in any industrial premises except between 6 a.m. and 7 p.m.

section 26. of the beedi and cigar workers conditions of employment act : 1 every employee in an establishment shall be allowed in a calendar year leave with wages i in the case of an adult, at the rate of one day for every twenty days of work performed by him during the previous calendar year ii in the case of a young person at the rate of one day for every fifteen days of work performed by him during the previous calendar year. explanation.the leave admissible under this subsection shall be exclusive of all holidays whether occurring during, or at the beginning or at the end of, the period of leave. 2 if an employee is discharged or dismissed from service or quits employment during the course of the year, he shall be entitled to leave with wages at the rate laid down in subsection 1. 3 in calculating leave under this section, any fraction of leave of half a day or more shall be treated as one full days leave and any fraction of less than half a day shall be omitted. 4 if any employee does not, in any calendar year take the whole of the leave allowed to him under subsection 1, the leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a young person. 5 an application of an employee for the whole or any portion of the leave allowed under subsection 1 shall be in writing and ordinarily shall have to be made sufficiently in advance of the day on which he wishes the leave to begin. 6 if the employment of an employee who is entitled to leave under subsection 1 is terminated by the employer before he has taken the entire leave to which he is entitled, or if having applied for leave, he has not been granted such leave, or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 27 in respect of leave not taken and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment, on or before the next pay day. 7 the leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

section 28. of the beedi and cigar workers conditions of employment act : 1 notwithstanding anything contained in the payment of wages act, 4 of hereinafter referred to in this section as the said act, the state government may, by notification in the official gazette, direct that all or any of the provisions of the said act or the rules made thereunder shall apply to all or any class of employees in establishment or class of establishments to which this act applies and on such application of the provisions of the said act, an inspector appointed under this act shall be deemed to be the inspector for the purposes of the enforcement of such provisions of the said act within the local limits of his jurisdiction. 2 the state government may, by a like notification, cancel or vary any notification issued under subsection 1.

section 30. of the beedi and cigar workers conditions of employment act : 1 when any act or omission would, if a person were under a certain age, be an offence punishable under this act and such person is, in the opinion of the court, prima facie under such age, the burden shall be on the accused to prove that such person is not under such age. 2 a declaration in writing by a medical officer not below the rank of a civil assistant surgeon relating to an employee that he has personally examined him and believes him to be under the age stated in such declaration, shall, for the purposes of this act and the rules made thereunder, be admissible as evidence of the age of that employee.

section 32. of the beedi and cigar workers conditions of employment act : whoever obstructs the chief inspector or an inspector in the exercise of any powers conferred on him by or under this act, or fails to produce on demand by the chief inspector or an inspector any register or other document kept in his custody in pursuance of this act or of any rules made thereunder, or conceals or prevents any employee in an industrial premises from appearing before or being examined by the chief inspector or an inspector, shall be punishable with imprisonment for a term which may extend to 1 six months which may extend to 2 five thousand rupees, or with both. 1. subs. by s. 8, ibid., for three months w.e.f. . 2. subs. by s. 8, ibid., for five hundred rupees w.e.f. .

section 39. of the beedi and cigar workers conditions of employment act : 1 the provisions of the industrial disputes act, 14 of , shall apply to matters arising in respect of every industrial premises. 2 notwithstanding anything contained in subsection 1, a dispute between an employer and employee relating to a the issue by the employer of raw materials to the employees, b the rejection by the employer of beedi or cigar or both made by an employee, c the payment of wages for the beedi or cigar or both rejected by the employer, 1 shall be referred for settlement within such time and by such authority as the state government may, by rules, specify in this behalf and such rules may also provide for the summary manner in which such dispute shall be settled. 3 any person aggrieved by a settlement made by the authority specified under subsection 2 may prefer an appeal to such authority and within such time as the state government may, by notification in the official gazette, specify in this behalf. 4 the decision of the authority specified under subsection 3 shall be final. 1. subs. by act 41 of , s. 9, for certain words w.e.f. .

section 33. of the beedi and cigar workers conditions of employment act : save as otherwise expressly provided in this act, any person who contravenes any of the provisions of this act or of any rule made thereunder, or fails to wages or compensation in accordance with any order of the appellate authority passed under clause b of subsection 2 of section 31, shall, be punishable, for the first offence, with fine which may extend to two hundred and fifty rupees and for a second or any subsequent offence with imprisonment for a term which shall not be less than one month or more than six months or with fine which shall not be less than one hundred rupees or more than five hundred rupees or with both. 2 a any employer who fails to reinstate any employee in accordance with the order of the appellate authority passed under clause b of subsection 2 of section 31, shall be punishable with fine which may extend to two hundred and fifty rupees. b any employer, who, after having been convicted under clause a, continues, after the date of such conviction, to fail to reinstate an employee in accordance with the order mentioned in that clause, shall be punishable, for each day of such default, with fine which may extend to twenty rupees. c any court trying an offence punishable under this subsection may direct that the whole or any part of the fine, if realised, shall be paid, by way of compensation, to the person, who, in its opinion, has been injured by such failure. 3 notwithstanding anything contained in the payment of wages act, 4 of , with regard to the definition of wages, any compensation required to be paid by an employer under clause b of subsection 2 of section 31 but not paid by him shall be recoverable as delayed wages under the provisions of that act. 4 it shall be no defence in a prosecution of any person for the contravention of the provisions of section 3 that any manufacturing process connected with the making of beedi or cigar or both was carried on by such person himself of by any member of his family or by any other person living with or dependent on such person.

section 34. of the beedi and cigar workers conditions of employment act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the company for conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm, and other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 35. of the beedi and cigar workers conditions of employment act : 1 no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule or order made thereunder. 2 no suit or other legal proceedings shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 40. of the beedi and cigar workers conditions of employment act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, or contract of service whether made before or after the commencement of this act: provided that where under any such award, agreement, contract of service or otherwise an employee is entitled to benefits in respect of any matters which are more favourable to him than those to which he will be entitled to under this act, the employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed as precluding any employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this act.

section 36. of the beedi and cigar workers conditions of employment act : 1 no court shall take cognizance of any offence punishable under this act except upon a complaint made by, or with the previous sanction in writing of the chief inspector or an inspector within three months of the date on which the alleged commission of the offence came to the knowledge of the inspector: provided that where the offence consists of disobeying a written order made by the competent authority, the chief inspector or an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 37. of the beedi and cigar workers conditions of employment act : 1 the provisions of the industrial employment standing orders act, 20 of shall apply to every industrial premises wherein fifty or more persons are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which that act has been applied by a notification under subsection 3 of section 1 thereof, and as if the employee in the said premises were a workman within the meaning of that act. 2 notwithstanding anything contained in subsection 1, the state government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply all or any of the provisions of the industrial employment standing orders, act, 20 of , to any industrial premises wherein less than fifty employees are employed or were employed on any one day of the preceding twelve months as if such industrial premises were an industrial establishment to which act has been applied by a notification under subsection 3 of section 1 thereof, and as if the employee in the said premises were a workman within the meaning of that act. 3 notwithstanding anything contained in the maternity benefit act, 53 of , the provisions of that act shall apply to every establishment as if such establishment were an establishment to which that act has been applied by a notification under subsection 1 of section 2 thereof: provided that the said act shall, in its application to a home worker, apply subject to the following modifications, namely: a in section 5, in the explanation to subsection 1, the words or one rupee a day, whichever is highershall be omitted and b sections 8 and 10 shall be omitted.

section 43. of the beedi and cigar workers conditions of employment act : nothing contained in this act shall apply to the owner or occupier of a private dwelling house who carries on any manufacturing process in such private dwelling house with the assistance of the members of his family living with him in such dwelling house and dependent on him: provided that the owner or occupier thereof is not an employee of an employer to whom this act applies. explanation.for the purposes of this section, family means the spouse and children of the owner or occupier.

section 38. of the beedi and cigar workers conditions of employment act : 1 chapter iv and section 85 of the factories act, 62 of shall apply to an industrial premises and the rest of the provisions in that act shall not apply to any industrial premises. 2 nothing contained in any law relating to the regulation of the conditions of work of workers in shops or commercial establishments shall apply to any establishment to which this act applies.

section 44. of the beedi and cigar workers conditions of employment act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the terms and conditions subject to which a licence may be granted or renewed under this act and the fees to be paid in respect of such licence b the form of application for a licence under this act and the documents and plans to be submitted together with such application c other matters which are to be taken into consideration by the competent authority for granting or refusing a licence d the time within which, the fees on payment of which and the authority to which, appeals may be preferred against any order granting or refusing to grant a licence e the submission of a monthly return by an employer to the competent authority specifying the quantity of tobacco released by the central excise department and the number of beedi or cigar or both manufactured by him f the powers which may be conferred on the inspectors under this act g the standards of cleanliness required to be maintained under this act h the standards of lighting, ventilation and temperature required to be maintained under this act i the types of urinals and latrines required to be provided under this act j the washing facilities which are to be provided under this act k canteens 1 the form and manner of notice regarding the periods of work m the form in which records of work done outside an establishment shall be maintained n the authority to which and the time within which an appeal may be filed by a dismissed, discharged or retrenched employee o the manner in which the cash equivalent of the advantage accruing through the concessional sale to an employee of foodgrains and other articles shall be computed p the records and registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this act and the rules made thereunder q the maintainence of first aid boxes or cupboards and the contents thereof and the persons in whose charge such boxes shall be placed r the manner in which sorting or rejection of beedi or cigar or both and disposal of rejected beedi or cigar or both shall be carried out s the fixation of maximum limit of the percentage of rejection of beedi or cigar or both manufactured by an employee t specifying the place at which wages shall be paid to persons who receive directly or through an agent raw materials for the manufacture of beedi or cigar or both at home u supervision by the inspectors over distribution of raw materials including beedi and tobacco leaves to the employees v precautions to be taken against fire for the safety of workers w 1 the time within which a dispute specified sectionsection 2 of section 39 shall be referred for settlement, the authority by which and the summary manner in which such dispute shall be settled and the authority to which an appeal shall lie from the settlement made by the firstmentioned authority x any matter which is required to be, or may be, prescribed. 3 all rules made under this act shall be published in the official gazette and shall be subject to the condition of previous publication and the dates to be specified under clause 3 of section 23 of the general clauses act, 10 of , shall not be less than three months from the date on which draft of the proposed rules was published. 4 every rule made under this section shall be laid as soon as may be after it is made, before each house of the state legislature, where it consists of two houses, or where such legislature consists of one house, before that house, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the legislatures agree in making any modification in the rule or the legislatures agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 41 of , s. 10, for certain words w.e.f. .

section 41. of the beedi and cigar workers conditions of employment act : the state government may, by notification in the official gazette, exempt, subject to such conditions and restrictions as it may impose, any class of industrial premises or class of employers or employees from all or any of the provisions of this act or of any rules made thereunder: provided that nothing in this section shall be constructed as empowering the state government to grant any exemption in respect of any woman employee from any of the provisions of this act or any rules made thereunder relating to annual leave with wages, maternity benefits, creches, wages, rejection of beedi or cigar and night work.

section 42. of the beedi and cigar workers conditions of employment act : the central government may give directions to a state government as to the carrying into execution of the provisions of this act.

section 8. of the state of mizoram act : 1 on and from the appointed day, the allocation of seats to the state of mizoram in the house of the people and the number of seats to be reserved for the scheduled tribes of that state shall be one and the first schedule to the representation of the people act, 43 of , shall be deemed to be amended, accordingly. 2 on and from the appointed day, the parliamentary constituency of the existing union territory of mizoram shall be deemed to be the parliamentary constituency of the state of mizoram and the delimitation of parliamentary and assembly constituencies order, , shall be construed accordingly.

section 1. of the state of mizoram act : this act may be called the state of mizoram act, .

section 2. of the state of mizoram act : in this act, unless the context otherwise requires, a administrator means the administrator appointed by the president under article 239 of the constitution b appointed day1 means the day which the central government may, by notification in the official gazette, appoint c article means an article of the constitution d election commission means the election commission appointed by the president under article 324 e existing union territory of mizoram means the union territory of mizoram as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing union territory of mizoram g sitting member, in relation to either house of parliament or of the legislative assembly of the existing union territory of mizoram, means a person who, immediately before the appointed day, is a member of that house or that assembly h treasury includes a subtreasury. 1. 20th february, , vide notification no. s.o. 72e, dated 11th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the state of mizoram act : amendment of section 27a of act 43 of .rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 3. of the state of mizoram act : on and from the appointed day, there shall be established a new state, to be known as the state of mizoram, comprising the territories which immediately before that day were comprised in the existing union territory of mizoram.

section 10. of the state of mizoram act : on and from the appointed day, the total number of seats in the legislative assembly of the state of mizoram to be filled by persons, chosen by direct election from assembly constituencies shall be forty and the second schedule to the representation of the people act, 43 of , shall be deemed to be amended accordingly.

section 6. of the state of mizoram act : 1 on and from the appointed day, the sitting member of the council of states representing the existing union territory of mizoram shall be deemed to have been duly elected under clause 4 of article 80 to fill the seat allotted to the state of mizoram in that council. 2 the term of office of such sitting member shall remain unaltered.

section 4. of the state of mizoram act : amendment of first schedule to the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 12. of the state of mizoram act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under section 11 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the legislative assembly of the existing union territory of mizoram.

section 5. of the state of mizoram act : amendment of fourth schedule to the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 13. of the state of mizoram act : amendment of scheduled castes orders.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 9. of the state of mizoram act : the sitting member of the house of the people representing the constituency which, on the appointed day, by virtue of the provisions of section 8 becomes the constituency of the state of mizoram, shall be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people by that constituency.

section 15. of the state of mizoram act : 1 on and from the appointed day, a there shall be a common high court for the states of assam, nagaland, meghalaya, manipur, tripura and mizoram to be called the gauhati high court the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram hereinafter referred to as the common high court b the judges of the high court of assam, nagaland, meghalaya, manipur and tripura holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court. 2 the expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated amongst the states of assam, manipur, meghalaya, mizoram, nagaland and tripura and the union in such proportion as the president may, by order, determine.

section 11. of the state of mizoram act : 1 the election commission shall, before the appointed day, and in the manner herein provided, distribute the seats assigned to the legislative assembly of the state of mizoram under section 10 to singlemember territorial constituencies and delimit them, having regard to the provisions of the constitution and to the following provisions, namely: a all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience and b constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 2 for the purpose of assisting it in the performance of its functions under subsection 1 the election commission shall associate with itself as associate members, a the sitting member of the house of the people referred to in section 9 and b such six of the members of the legislative assembly of the existing union territory of mizoram as the speaker thereof may nominate: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 3 if owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of subsection 2. 4 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 5 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the existing union territory of mizoram.

section 14. of the state of mizoram act : amendment of scheduled tribes orders.1 rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 16. of the state of mizoram act : 1 on and from the appointed day, a in the advocates act, 25 of , in section 3 in subsection 1, for clause b, the following clause shall be substituted, namely: b for the states of assam, manipur, meghalaya, mizoram, nagaland and tripura and the union territory of arunachal pradesh, to be known as the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram b the bar council of assam, nagaland, meghalaya, manipur and tripua shall be deemed to be the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram 2 any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam, nagaland, meghalaya, manipur and tripura, shall be entitled to practise as an advocate in the common high court. 3 all persons who, immediately, before the appointed day, are advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur and tripura, shall as from that day, become advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram. 4 the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court of assam, nagaland, meghalaya, manipur and tripura: provided that as among the advocatesgeneral of the states of assam, manipur, meghalaya, mizoram, nagaland and tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates.

section 17. of the state of mizoram act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of assam, nagaland, meghalaya, manipur and tripura shall, with the necessary modifications, apply in relation to the common high court.

section 18. of the state of mizoram act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of assam, nagaland, meghalaya, manipur and tripura shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court.

section 24. of the state of mizoram act : for the purposes of section 23, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 19. of the state of mizoram act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of assam, nagaland, meghalaya, manipur and tripura shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 25. of the state of mizoram act : any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam, nagaland, meghalaya, manipur and tripura and was authorised to appear or to act in any proceedings transferred from the said high court to the common high court under section 23 shall have the right to appear or to act, as the case may be, in the common high court in relation to those proceedings.

section 20. of the state of mizoram act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of assam, nagaland, meghalaya, manipur and tripura and with respect to all matter, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common high court.

section 21. of the state of mizoram act : 1 the principal seat of the common high court shall be at the same place at which the principal seat of the high court of assam, nagaland, meghalaya, manipur and tripura is located immediately before the appointed day. 2 the president may, by notified order, provide for the establishment of a permanent bench or benches of the common high court at one or more places within the territories to which the jurisdiction of the high court extends, other than the principal seat of the high court, and for any matters connected therewith: provided that before issuing any order under this subsection, the president shall consult the chief justice of the common high court and the governor of the state in which the bench or benches is or are proposed to be established. 3 notwithstanding anything contained in subsection 1 or subsection 2, the judges and division courts of the common high court may also sit at such other place or places in the states of assam, nagaland, meghalaya, manipur, tripura and mizoram as the chief justice may, with the approval of the governor of the state concerned, appoint.

section 22. of the state of mizoram act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of assam, nagaland, meghalaya, manipur and tripura and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the common high court.

section 23. of the state of mizoram act : 1 all proceedings pending in the high court of assam, nagaland, meghalaya, manipur and tripura immediately before the appointed day shall, from such day, stand transferred to the common high court 2 every proceeding transferred under subsection 1 shall be disposed of by the common high court as if such proceeding was entertained by the high court.

section 26. of the state of mizoram act : nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provisions.

section 26a. of the state of mizoram act : 126a. nonapplicability of this part to the states of meghalaya, manipur and tripura. on and from the date of commencement of the northeastern areas reorganisation and other related laws amendment act, , the provisions of sections 15 to 26 both inclusive shall not apply to the states of meghalaya, manipur and tripura. 1. ins. by act 26 of , s. 12 date to be notified.

section 32. of the state of mizoram act : every member of the indian administrative service, the indian police service and the indian forest service who, immediately before the appointed day, is holding any post in the existing union territory of mizoram shall, until otherwise directed by the central government, be deemed to be on deputation, on and from the appointed day, to the government of the state of mizoram on the same terms and conditions of service as are applicable to him under the relevant cadre rules: provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. explanation.in this section, cadre rules means the indian administrative service cadre rules, , the indian police service cadre rules, or the indian forest service cadre rules, , as the case may be.

section 27. of the state of mizoram act : 1 the president may, at any time before the appointed day, authorise by order such expenditure from the consolidated fund of the state of mizoram as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of mizoram: provided that the governor of mizoram may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of mizoram for any period not extending beyond the said period of six months. 2 the president or, as the case may be, the governor of mizoram shall make separate orders under subsection 1 in respect of periods falling in different financial years.

section 28. of the state of mizoram act : 1 the reports of the comptroller and auditorgeneral of india referred to in section 49 of the government of union territories act, 20 of , relating to the accounts of the existing union territory of mizoram in respect of any period prior to the appointed day, shall be submitted to the governor of mizoram who shall cause them to be laid before the legislative assembly of the state. 2 the government may, by order, a declare any expenditure incurred out of the consolidated fund of the existing union territory of mizoram on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 29. of the state of mizoram act : the allowances and privileges of the governor of mizoram shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 30. of the state of mizoram act : the president shall, by order, determine the grantsinaid of the revenues of the state of mizoram and the share of that state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the additional duties of excise goods of special importance act, 58 of , the union duties of excise distribution act, 24 of , the estate duty distribution act, 9 of and the constitution distribution of revenues order, in such manner as he thinks fit.

section 31. of the state of mizoram act : 1 all such property and assets within the existing union territory of mizoram as are held immediately before the appointed day by the union for purposes of governance of that union territory shall, on and from that day, pass to the state of mizoram unless the purposes for which such property and assets are so held are union purposes: provided that the cash balances in the treasuries in the union territory of mizoram before the appointed day shall, as from that day, vest in the state of mizoram. 2 all rights, liabilities and obligations other than those relatable to, or in connection with, a union purpose, whether arising out of any contract or otherwise, which are, immediately before the appointed day, a the rights, liabilities and obligations of the central government arising out of, or in connection with, the governance of the union territory of mizoram or b the rights, liabilities and obligations of the administrator of the existing union territory of mizoram in his capacity as such, or of the government of that union territory, shall, on and from the appointed day, be the rights, liabilities and obligations of the government of the state of mizoram. 3 the right to recover arrears of a any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution or b any duty referred to in article 268 or c any tax under the central sales tax act, 74 of , which have fallen due in the existing union territory of mizoram shall pass to the state of mizoram. 4 the provisions of this section shall not apply to or in relation to, a any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day, met from and out of the consolidated fund of india b any property which has been placed by the union at the disposal of the administration of the existing union territory of mizoram subject to the condition that the ownership thereof will continue to vest in the union. explanation.for the purposes of this section a liability includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong b union purposes means the purposes of government relatable to any of the matters mentioned in the union list.

section 33. of the state of mizoram act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of the administrator of the union territory of mizoram shall, unless otherwise directed by an order of the central government, be deemed to have been allocated for service as from that day in connection with the affairs of the state of mizoram: provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day. 2 the provisions of this section shall not apply in relation to persons to whom the provisions of section 32 apply.

section 34. of the state of mizoram act : 1 nothing in this section or section 33 shall be deemed to affect on or after the appointed day the operations of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the state of mizoram: provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 33 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person deemed to have been allocated under section 33 in connection with the administration of the union territory of mizoram, shall be deemed to have been rendered in connection with the affairs of the state of mizoram for the purposes of the rules regulating his conditions of service.

section 40. of the state of mizoram act : amendment of act 28 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 35. of the state of mizoram act : every person who immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the union territory of mizoram shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, the state of mizoram on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day: provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.

section 36. of the state of mizoram act : the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 37. of the state of mizoram act : notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed under the provisions of this part on the expiry of three months from the date of publication or service, whichever is earlier, of such order: provided that the central government may, suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person.

section 41. of the state of mizoram act : amendment of act 20 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 38. of the state of mizoram act : the central government may give such directions to the government of the state of mizoram as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 39. of the state of mizoram act : amendment of article 210, article 239a, article 240, article 244, the fifth schedule and the sixth schedule to the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 42. of the state of mizoram act : amendment of act 84 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 48. of the state of mizoram act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under the section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and it, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 43. of the state of mizoram act : 1 all laws in force, immediately before the appointed day, in the existing union territory of mizoram shall continue to be in force in the state of mizoram until altered, repealed or amended by a competent legislature or other competent authority. 2 for the purpose of facilitating the application in relation to the state of mizoram of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government, and as respects any other law, the government of the state of mizoram.

section 44. of the state of mizoram act : notwithstanding that no provision or insufficient provision has been made under section 43 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of mizoram, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 45. of the state of mizoram act : all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory of mizoram or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions.

section 46. of the state of mizoram act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 47. of the state of mizoram act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before each house of parliament.

section 8., to be carried than provided by license. of the stagecarriages act : any proprietor, or agent of a proprietor, or any driver of a licensed stagecarriage, who, knowingly permits such carriage to be drawn by a less number of horses, or who knowingly permits a larger number of passengers, or a greater weight of luggage, to be carried by such stagecarriage than shall be provided by the license, shall be liable on a first conviction to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a fine which may extend to five hundred rupees. in every case where such stagecarriage shall be proved to have been drawn by a less number of horses, or to have carried a larger number of passengers or a greater weight of luggage, than shall be provided by the license, the proprietor of such carriage shall be held to have knowingly permitted such offence, unless he shall prove that the offence was not committed with his connivance, and that he had taken every reasonable precaution and had made reasonable provision to prevent the commission of the offence.

section 1. of the stagecarriages act : every carriage drawn by one or more 1 horses which shall ordinarily be used for the purpose of conveying passengers for hire to or from any place in 2the states shall, without regard to the form or construction of such carriage, be deemed to be a stagecarriage within the meaning of this act. 3 1. all expressions and provisions in this act applied to horses, also apply to all other animals employed in drawing stagecarriages, see section 21, infra. 2. subs. by the a.o. , for the provinces which had been subs. by the a.o. , for british india. 3. proviso to s. 1 which read: provided that this act shall not apply to carriages not ordinarily used for journey of a greater distance than twenty miles rep. by act 1 of , s. 2.

section 7. of the stagecarriages act : whoever lets for hire any stagecarriage without the same being licensed as provided by this act, shall be liable, on a first conviction, to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a fine which may extend to five hundred rupees.

section 2. of the stagecarriages act : no carriage shall be used as a stagecarriage unless licensed by a 1magistrate or by the 2 commissioner of police of a presidencytown. 1. for definition of magistrate, see s. 21, infra. 2. the word chief rep. by act 10 of , s. 3 and the second schedule.

section 9. of the stagecarriages act : any person who shall cruelly beat, illtreat, overdrive, abuse, torture or cause or procure to be cruelly beaten, illtreated, overdriven, abused or tortured, any horse employed in drawing or harnessed to any stagecarriage, or who shall harness to or drive in any stagecarriage any horse which from sickness, age, wounds or other cause is unfit to be driven in such stagecarriage, shall for every such offence be liable to a fine not exceeding one hundred rupees.

section 4. of the stagecarriages act : 1for every such license there shall be paid by the proprietor of the stagecarriage the sum of five rupees or such less sum as the 2state government may fix, and such license shall be in force for one year from the date thereof. when a licensed stagecarriage is transferred to a new proprietor within the year, the name of such new proprietor shall, on application to that effect, be substituted in the license for the name of the former proprietor without any further payment for that year and every person who appears by the license to be the proprietor, shall be deemed to be such proprietor for all the purposes of this act. 1. subs. by act 1 of , s. 3, for the original paragraph. 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.

section 10. of the stagecarriages act : any magistrate or 1 commissioner of police within the local limits of whose jurisdiction any stagecarriage shall ply, or who has granted the license of any stagecarriage, may cancel the license of such stagecarriage if it shall appear to him that such stagecarriage or any horse or any harness used with such carriage is unserviceable or unsafe or otherwise unfit for public accommodation or use. 1.the word chief rep. by act 10 of , s. 3 and the second schedule.

section 3. of the stagecarriages act : the magistrate or 1 commissioner of police to whom the application for a license of a stagecarriage is made may refuse to license the same, if he shall be of opinion that such stagecarriage is unserviceable or is unsafe or unfit for public accommodation or use. particulars of license.if a magistrate or 1 commissioner of police as aforesaid shall grant a license, the license shall set forth the number thereof, the name and residence of the proprietor of the stagecarriage, the place at which his head office is held, the largest number of passengers and the greatest weight of luggage to be carried in or on such carriage, the number of horses by which such carriage is to be drawn, and the name of the place at which such carriage is licensed. 1. the word chief rep. by act 10 of , s. 3 and the second schedule.

section 5. of the stagecarriages act : on any stagecarriage being licensed, the proprietor thereof shall cause the number of the license and all the other particulars of the license to be distinctly painted in the english language and character upon a conspicuous part of such stagecarriage.

section 6. of the stagecarriages act : the proprietor of any licensed stagecarriage who shall let such stagecarriage for hire without the particulars specified in section 3 being painted on such carriage in the manner directed in the last preceding section, shall be liable to a fine not exceeding one hundred rupees.

section 14. of the stagecarriages act : whenever any charge is made before any magistrate of any offence under this act on which it is necessary to issue a summons to the proprietor of a stagecarriage, the magistrate shall issue such summons directed to such proprietor or his nearest agent, and may transmit such summons by letterpost, which shall be deemed to be good service thereof. the letter shall be registered at the postoffice, and the cost of the registration shall be borne by the government in the first instance, but may be charged as costs in the case. the summons shall allow a reasonable time, in reference to the distance to which the summons is sent, for the appearance of such proprietor or his agent as aforesaid.

section 12. of the stagecarriages act : if any driver of any stagecarriage, or any other person having the care thereof, shall, through intoxication, neglect, or by wanton or furious driving, or by any other misconduct, endanger the safety of any passenger or other person, or shall injure or endanger the property of the proprietor of such stagecarriage or of any other person, every such person so offending shall be liable to a fine not exceeding one hundred rupees.

section 11. of the stagecarriages act : in any station or place in which a magistrate shall reside and be, any policeofficer may, in any place within two miles of the office of such magistrate, seize any stagecarriage with the horse harnessed thereto, if the full particulars of the license of such stagecarriage be not distinctly painted on such stagecarriage in the manner provided in section 5 of this act. such carriage with the horse harnessed thereto shall be taken without delay by such policeofficer before such magistrate, who shall forthwith proceed to hear and determine the complaint of such policeofficer and, if thereupon any fine is imposed by such magistrate and such fine is paid, such stagecarriage and horse shall be immediately released and if such fine be not paid, such stage carriage and horse may be detained for twenty days as security for the payment thereof and if the fine be not sooner paid, they may be sold and the proceeds applied so far as they extend to the payment of the said fine, and all costs and charges incurred on account of the detention and sale and the surplus if any, when claimed, shall be paid to the proprietor of such carriage and horse and if such surplus be not claimed within a further period of two months from such sale, the same shall be forfeited to the state. if the proceeds of such sale do not fully pay the fine and costs and charges aforesaid, the balance may be recovered as hereinafter provided.

section 13. of the stagecarriages act : whenever the driver of any stagecarriage or the owner of any horse employed in drawing any stagecarriage shall have committed any offence against this act for the commission whereof any penalty is by this act imposed, other than an offence specified in section 8, and such driver or owner shall not be known, or being known cannot be found, or if the penalty cannot be recovered from such driver or owner, the proprietor of such carriage shall be liable to every such penalty as if he had been the driver of such carriage or owner of such horse at the time when such offence was committed: proviso.provided that if any such proprietor shall make out, to the satisfaction of the magistrate before whom any complaint or information shall be heard, by sufficient evidence, that the offence was committed by such driver or owner without the privity or knowledge of such proprietor, and that no profit, advantage, or benefit, either directly or indirectly, has accrued or can accrue to such proprietor therefrom, and that he has used his endeavour to find out such driver or owner, and has done all that was in his power to recover the amount of the penalty from him, the magistrate may discharge the proprietor from such penalty, and shall levy the same upon such driver or owner when found.

section 15. of the stagecarriages act : all penalties incurred under this act shall be adjudged by a magistrate or 1 commissioner of police as aforesaid, and all orders made under this act by such magistrate or1 commissioner of police shall be final. 1. the word chief rep. by act 10 of , s. 3 and the second schedule.

section 19.. of the stagecarriages act : recovery of penalty and costs from european british subjects. rep. by the a.o. .

section 16. of the stagecarriages act : all penalties imposed under this act, or any balance of any fine, costs, or charges as mentioned in section 11 of this act, may in case of nonpayment or nonrecovery thereof be levied by distress and sale of the movable property of the offender by warrant under the hand of the magistrate who imposed the same.

section 17. of the stagecarriages act : in case any such penalties shall not be forthwith paid, such magistrate may order the offender to be apprehended and detained in safe custody until the return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such magistrate for his appearance at such place and time as shall be appointed for the return of the warrant of distress.

section 21. of the stagecarriages act : the term magistrate in this act shall include all magistrates and other persons exercising the powers of a magistrate: 1 act applicable to all animals used for drawing carriages.2all expressions and provisions which in this act are applied to horses shall also apply to all other animals employed in drawing any carriage ordinarily used for the purpose of conveying passengers for hire to or from any place in the states: 3 1. the definition of british india omitted by the a.o. . 2. subs. by act 16 of , s. 1, for the third sentence of section 21. 3. the definitions relating to number and gender rep. by act 10 of , s. 3 and the second schedule.

section 23. of the stagecarriages act : 123. power to state government to exempt. the 2state government may, by notification in the official gazette, exempt any carriage or class of carriages from all or any of the provisions of this act. 1. sections 22 and 23 added by act 1 of , s. 5. the section 22 regarding the commencement of this act as originally passed had been rep. by act 14 of , s. 1 and the schedule part ii. 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.

section 18. of the stagecarriages act : if upon the return of such warrant it shall appear that no sufficient distress can be had whereon to levy such penalty, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such magistrate by the confession of the offender or otherwise that he has not sufficient goods and chattels whereupon such penalty could be levied if warrant of distress were issued, such magistrate may, by warrant under his hand, commit the offender 1 to prison, there to be imprisoned, according to the discretion of such officer, for any term not exceeding two calendar months when the amount of penalty shall not exceed fifty rupees, and for any term not exceeding four calendar months when the amount shall not exceed one hundred rupees, and for any term not exceeding six calendar months in any other case, the commitment to be determinable in each of the cases aforesaid on payment of the amount. 1. the words provided he is not a european british subject omitted by the a.o. .

section 20. of the stagecarriages act : on complaint made before any magistrate of any offence committed under this act, it shall not be necessary to prove that the offence was committed within the local limits of such magistrate or other officer.

section 20a. of the stagecarriages act : 120a. power to make rules.1 the state government may, by notification in the official gazette, make rules to carry out the purposes and objects of this act in the territories under its administration or any part of the said territories. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a prescribe forms for licenses under this act, the sums payable for the same and the conditions on which they may be granted, and the cases in which they may be revoked b provide for the inspection of stagecarriages, and of the animals employed in drawing them and c regulate the number and length of the stages for which animals may be driven in stagecarriages, and the manner in which they shall be harnessed and yoked. 3 in making any rule under this section the 2state government may direct that a breach thereof shall be punishable with fine which may extend to one hundred rupees. 1. added by act 1 of , s. 4. 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.

section 22. of the stagecarriages act : 122. extent of act. this act, as amended by subsequent acts, extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states but it shall not apply to carriages ordinarily plying for hire within the limits of any municipality or cantonment or other place in which any law for the regulation of carriages is for the time being in force. 1. sections 22 and 23 added by act 1 of , s. 5. the section 22 regarding the commencement of this act as originally passed had been rep. by act 14 of , s. 1 and the schedule part ii. 2. subs. by the adaptation of laws no. 2 order, , for part b states.

section 4. of the dehra dun act : nothing in this act shall apply to that portion of the dehra dun district called 1jaunsar bawar 2 1. jaunsar bawar was one of the scheduled districts of the state of uttar pradesh, see the scheduled districts act, 14 of , first schedule, pt. iv, but has ceased to be so under the constitution of india. 2. the words and referred to in s. 11 of act 24 of rep. by act 12 of .

section 1. of the dehra dun act : the regulations and acts now in force in the district of saharanpur are hereby declared to extend to the said district of dehra dun 1. 1. the words and no judgment heretofore given, order passed or proceeding had in the said district, shall be deemed to have been or to be invalid merely because any regulation or act, under or in reference to which such judgment, order or proceeding was given, passed or had, was not in force at the time of such judgment, order or proceeding, was given, passed or had, was not in force at the time of such judgement, order or proceeding, or on the ground of a defect of jurisdiction in ay court or office rep. by act 12 of .

section 3. of the dehra dun act : the district court of saharanpur shall be 1 the district court of such district until the state government otherwise directs 2. 1. the words deemed to have been heretofore the district court of the said district of dehra dun and rep., ibid. 2. the words and may subject to the provisions of act 6 of , hear appeals from decisions given in the said district before the passing of this act rep. by act 12 of the words and may subject to the provisions of act 6 of , hear appeals from decisions given in the said district before the passing of this act rep. by act 12 of

section 2. of the dehra dun act : the high court and the board of revenue of 1uttar pradesh shall exercise 2 respectively, in the said district, all the powers which the said high court or board of revenue are at present, respectively, authorized to exercise in any part of 1agra. 1. subs, by the a. o. for the northwestern provinces. 2. the words and shall be deemed to have been heretofore authorized to exercise rep., ibid.

section 3. of the post office cash certificates act : 1 if a person dies and is at the time of his death the holder of a post office 5year cash certificate, payment of the sum for the time being due on such certificate may be made in the manner provided in the government savings banks act, 5 of , for the payment of deposits belonging to the estates of deceased persons, and the provisions of sections 4 to 9 of the said act shall apply accordingly as if the holder of such certificate were a depositor in a government savings bank and the sum for the time being due on such certificate were a deposit in such a bank 1and as if for the words three thousand in 2section 8 of the said act the words five thousand were substituted: provided that the powers conferred by the said provisions on the secretary of a government savings bank shall be exercisable by the post master general for the area within which the post office of issue of such certificate is situate 3or if that area is in pakistan, by the post master general for such area in india as the central government may by general or special order specify in this behalf: provided further that, where in any one case payment is to be made of certificates issued from more post offices than one, the said powers shall be exercisable by the post master general for the area in which any of the said post offices is situate. 2 nothing in subsection 1 shall be deemed to require any person to accept payment of the amount due on a post office 5year cash certificate before the same has reached maturity. 1. ins. by s. 3, ibid. 2. subs. by act 2 of , s. 3, for sections 4 and 8. 3. ins. by the a.o. .

section 1. of the post office cash certificates act : this act may be called the post office cash certificates act, .

section 2. of the post office cash certificates act : 1 notwithstanding any provision in any enactment or any rule of law for the time being in force to the contrary, no transfer whether made before or after the commencement of this act of a post office 5year cash certificate shall be valid without the previous consent in writing of 1an officer of the post office authorised by general or special order of the central government in that behalf. 2 in this section transfer means a transfer infer vivos and does not include a transfer by operation of law. 1. subs. by act 32 of , s. 2, for certain words with effect from 1 .

section 4. of the coal india regulation of transfers and validation act : a subsidiary company which was operating, or was in control of, any coal mine, coking coal mine, or coke oven plant which was vested in the coal india or any other subsidiary company immediately before the commencement of this act, shall be deemed to have been vested with the land or rights in or over such land or the right, title and interest in relation to such coal mine, coking coal mine or coke oven plant and such vesting shall be deemed to have been valid and effective at all material times as if a direction had been made by the central government under subsection 1 of section 3 and accordingly no suit or other proceeding shall be instituted, maintained or continued in any court on the ground that such subsidiary company was not competent to operate or control such coal mine, coking coal mine or coke oven plant.

The Coal India (Regulation of Transfers and Validation) Act, 2000

section 3. of the coal india regulation of transfers and validation act : 1 notwithstanding anything contained in any other law for the time being in force, the central government may, if it is satisfied that a subsidiary company is willing to comply, or has complied, with such terms and conditions as that government think fit to impose, direct, by notification in the official gazette, that the land or rights in or over such land or the right, title and interest in relation to a coal mine, coking coal mine or a coke over plant vested in the coal india shall, instead of continuing to vest in the coal india, vest in that subsidiary company or, where such land or right, title or interest vests in subsidiary company, in another subsidiary company. 2 where the land or right in or over such land or the right, title and interest in relation to a coal mine, coking coal mine or a coke over plant vest in a subsidiary company under subsection1, such subsidiary company shall, on and from the date of such vesting, be deemed to have become the lessee in relation to such coal mine or coking coal mine as if a fresh mining lease in relation to such coal mine or coking coal mine had been granted to it under the mineral concession rules, made under section 13 of the mines and minerals development and regulation act, 67 of for the maximum period for which such lease could have been granted under those rules, and all the rights and liabilities of coal india or, as the case may be, the subsidiary company in relation to such coal mine or coking coal mine shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of subsidiary company firstmentioned.

section 1. of the coal india regulation of transfers and validation act : this act may be called the coal india regulation of transfers and validation act, .

section 2. of the coal india regulation of transfers and validation act : in this act, unless the context otherwise requires, a coal india means the coal india limited, a government company incorporated under the companies act, 1 of having its registered office at calcutta and includes its predecessor government company, namely, the coal mines authority limited b subsidiary company means the following subsidiary companies of coal india, namely: i the central coal fields limited, ranchi and includes its predecessor government company, namely, the national coal development corporation limited, ranchi ii the bharat coking coal limited, dhanbad iii the western coal fields limited, nagpur iv the eastern coal fields limited, sanctoria v the central mine planning and design institute limited, ranchi vi the southeastern coal fields limited, bilaspur vii the northern coal fields limited, singrauli viii the mahanadi coal fields limited, sambalpur and includes such other subsidiary company of coal india as may be incorporated under the companies act, 1 of from time to time c words and expressions used herein and not defined but defined in the coking coal mines nationalisation act, 36 of or the coal mines nationalisation act, 26 of , shall have the meanings, respectively, assigned to them in those acts.

section 8. of the assam reorganisation meghalaya act : 1 the governor may, if he thinks fit to do so, appoint a person who is qualified to be appointed a judge of a high court to be advocategeneral for meghalaya. 2 it shall be the duty of the advocategeneral to give advice to the government of meghalaya upon such legal matters, and to perform such other duties of a legal character as may, from time to time, be referred or assigned to him by the governor, and to discharge the functions conferred on him by or under this act or any other law for the time being in force. 3 the advocategeneral shall hold office during the pleasure of the governor, and shall receive such remuneration as the governor may determine.

section 1. of the assam reorganisation meghalaya act : 1 this act may be called the assam reorganisation meghalaya act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act. 1 12th january, , vide notification no. g.s.r. 74, 12th january, , in respect of sections 2 and 3, see gazette of india, extraordinary, part ii, sec. 3i. 30th january, , vide notification no. g.s.r. 182, dated 30th january, , in respect of sections 11, 12, 13, 16, 17, 28, 29, 62, 73 and 77, see gazette of india, extraordinary, part ii, sec. 3i. 25th february, , vide notification no. g.s.r. 310, dated 25th february, in respect of sections 11, 12, 13, 16, 17, 28, 29, 62, 73 and , see gazette of india, extraordinary, part ii, sec. 3i. 2nd april, , vide notification no. g.s.r. 493, dated 2th march, , in respect of the provisions other than those which have already been brought into force, see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the assam reorganisation meghalaya act : 1 the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor. 2 the council of ministers shall be collectively responsible to the legislative assembly. 3 before a minister enters upon his office, the governor shall administer to him the oaths of office and of secrecy according to the form set out for this purpose in the first schedule. 4 a minister who for any period of six consecutive months is not a member of the legislative assembly shall at the expiration of that period cease to be a minister. 5 the salaries and allowances of ministers shall be such as the legislature of meghalaya may from time to time by law determine and, until the legislature so determines, shall be determined by the governor.

section 3. of the assam reorganisation meghalaya act : 1 on and from the appointed day, there shall be formed within the state of assam an autonomous state to be known as meghalaya which shall, subject to the provisions of subsection 2, comprise the following tribal areas, namely: i the united khasi jaintia hills district as described in subparagraph 2 of paragraph 20 of the sixth schedule to the constitution exclusive of the proviso thereto but excluding the areas transferred to the mikir hills autonomous district by the notification of the government of assam no. tad/r/31/50/149 dated the 13th april, , and ii the garo hills district specified in part a of the table appended to paragraph 20 aforesaid. 2 if, before such date as the central government may, by notification in the official gazette, fix for the purpose not being a date later than the appointed day, the district council for the autonomous district of the north cachar hills or the mikir hills or both, as the case may be, has or have by resolution passed by a majority of not less than twothirds of the members thereof, expressed a desire that the said autonomous district or districts shall form part of meghalaya, the president may, by order, make a declaration to that effect and accordingly, on and from the appointed day, the north cachar hills district or the mikir hills district or both, as the case may be, shall also form part of meghalaya.

section 9. of the assam reorganisation meghalaya act : 1 all executive actions of the government of meghalaya shall be expressed to be taken in the name of the governor. 2 orders and other instruments made and executed in the name of the governor shall be authenticated in such manner as may be specified in rules to be made by the governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the governor. 3 the governor shall make rules for the more convenient transaction of the business of the government of meghalaya and for the allocation among ministers of the said business.

section 2. of the assam reorganisation meghalaya act : in this act, unless the context otherwise requires, a appointed day means such date as the central government may, by notification in the official gazette, appoint for the formation of the autonomous state b article means an article of the constitution c autonomous state means the autonomous state of meghalaya formed under section 3 d constituency means a territorial constituency provided by order made under section 12 for the purpose of election to the legislative assembly e election commission means the election commission appointed by the president under article 324 f governor means the governor of assam exercising his functions as governor in relation to meghalaya by virtue of this act g law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or in any part of the autonomous state h legislative assembly means the legislative assembly of meghalaya i meghalaya means the autonomous state referred to in section 3 j member means a member of the legislative assembly k official gazette means the official gazette of meghayala or the gazette of india and l prescribed means prescribed by rules made under this act.

section 5. of the assam reorganisation meghalaya act : 1 subject to the provisions of this act, the executive power of meghalaya shall extend to the matters with respect to which the legislature of meghalaya has power to make laws: provided that in any matter with respect to which the legislature of meghalaya, the legislature of the state of assam and parliament have power to make laws, the executive power of meghalaya shall be subject to, and limited by, the executive power expressly conferred by this act, or by any law made by parliament upon the union or the state of assam or the authorities thereof or, as the case may be, by the legislature of the state of assam upon the state of assam or authorities thereof. 2 on and from the appointed day, the executive power of the state of assam shall not extend, in relation to meghalaya to the matters with respect to which the legislature of meghalaya has exclusive power to make laws under this act. 3 for the removal of doubts, it is hereby declared that, save as otherwise provided in this act, the executive power of the state of assam shall, in relation to meghalaya, continue to extend to the matters with respect to which the legislature of meghalaya has no power to make laws.

section 10. of the assam reorganisation meghalaya act : it shall be the duty of the chief minister of meghalaya a to communicate to the governor all decisions of the council of ministers relating to the administration of the affairs of meghalaya and proposals for legislation b to furnish such information relating to the administration of the affairs of meghalaya and proposals for legislation as the governor may call for and c if the governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

section 4. of the assam reorganisation meghalaya act : 1 the executive power of meghalaya shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this act. 2 nothing in this section shall a be deemed to transfer to the governor any functions conferred by any existing law on any other authority or b prevent parliament or the legislature of the state of assam or meghalaya from conferring by law functions on any authority subordinate to the governor.

section 12. of the assam reorganisation meghalaya act : 1 the election commission shall, in the manner herein provided, distribute the total number of seats in the legislative assembly as fixed under subsection 2 of section 11 to single member constituencies and delimit them on the basis of the latest census figures having regard to the following provisions, namely: a all constituencies shall, as far as practicable, consist of geographically compact areas, and in delimiting them, regard shall be had to the physical features, existing boundaries of administrative units, facilities of communication and public convenience b every constituency shall be so delimited as to fall only within an assembly constituency of the legislative assembly of the state of assam c the population of each constituency shall, as far as practicable, be the same throughout meghalaya. 2 for the purpose of assisting the election commission in the performance of its functions under this section, the commission shall associate with itself such number of associate members not exceeding five as the governor may nominate to represent meghalaya: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 3 if owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the governor in accordance with the provisions of subsection 2. 4 the election commission shall a publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places as it may think fit c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 5 as soon as may be after such publication, every such order shall be laid before the legislative assembly. 6 upon the completion of each census, the total number of seats in the legislative assembly and the division of meghalaya into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine: provided that such readjustment shall not affect representation in the legislative assembly until the dissolution of the then existing assembly. explanation.in this section, latest census figures mean the census figures with respect to meghalaya ascertainable from the latest census of which the finally published figures are available.

section 14. of the assam reorganisation meghalaya act : 1 the persons entitled to vote at an election of members shall be the persons entitled by virtue of the provisions of the constitution and the representation of the people act, 43 of to be registered as voters at elections to the house of the people. 2 the electoral roll for every constituency shall consist of so much of the electoral roll for an assembly constituency of the legislative assembly of the state of assam as relates to the areas comprised within each such constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such constituency.

section 6. of the assam reorganisation meghalaya act : 1 there shall be a council of ministers with the chief minister at the head to aid and advice the governor in the exercise of his functions in relation to meghalaya. 2 the question whether any, and if so, what, advice was tendered by ministers to the governor shall not be inquired into in any court.

section 11. of the assam reorganisation meghalaya act : 1 there shall be a legislature for meghalaya which shall consist of the governor and the legislative assembly. 2 the total number of seats in the legislative assembly to be filled by persons chosen by direct election from constituencies in meghalaya shall be fixed by the central government by notification in the official gazette after consultation with the election commission, but shall not be less than thirtyfive or more than fiftyfive. 3 the governor may, if he is of opinion that any minority communities in meghalaya need representation in the legislative assembly and are not adequately represented therein, nominate not more than three members of such communities, not being persons in the service of the government, to the legislative assembly.

section 13. of the assam reorganisation meghalaya act : 1 the election commission may, from time to time by notification in the official gazette, a correct any printing mistake in any order made under section 12 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section shall be laid, as soon as may be after it is issued, before the legislative assembly.

section 18. of the assam reorganisation meghalaya act : the legislative assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the legislative assembly: provided that the said period may, while a proclamation of emergency issued under clause 1 of article 352 is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate.

section 15. of the assam reorganisation meghalaya act : every person, whose name is for the time being entered in the electoral roll for a constituency, shall be entitled to vote at the election of a member from that constituency.

section 21. of the assam reorganisation meghalaya act : 1 at the commencement of the first session after each general election to the legislative assembly and at the commencement of the first session of each year, the governor shall address the legislative assembly and inform the assembly of the causes of its summons. 2 provision shall be made by the rules regulating the procedure of the legislative assembly for the allotment of time for discussion of the matters referred to in such address.

section 16. of the assam reorganisation meghalaya act : a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he a is a citizen of india and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the first schedule b is not less than twentyfive years of age and c is an elector in any constituency in meghalaya.

section 23. of the assam reorganisation meghalaya act : 1 the legislative assembly shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof, and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be. 2 a member holding office as speaker or deputy speaker of the legislative assembly a shall vacate his office if he ceases to be a member of the assembly b may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office and c may be removed from his office by a resolution of the legislative assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause c shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: provided further that whenever the legislative assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution. 3 while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the legislative assembly as the governor may appoint for the purpose. 4 during the absence of the speaker from any sitting of the legislative assembly, the deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the legislative assembly, or, if no such person is present, such other person as may be determined by the legislative assembly, shall act as speaker. 5 there shall be paid to the speaker and the deputy speaker of the legislative assembly such salaries and allowances as may be respectively fixed by the legislature of meghalaya by law and, until provision in that behalf is so made, such salaries and allowances as the governor may, by order, determine.

section 17. of the assam reorganisation meghalaya act : the provisions of part i, chapters iii and iv of part ii and parts iii to xi of the representation of the people act, 43 of , and of any rules and orders made thereunder for the time being in force, shall apply to and in relation to the elections to the legislative assembly of meghalaya as they apply to and in relation to an election to the legislative assembly of a state, subject to such modifications as the president may, after consultation with the election commission, by order, direct.

section 19. of the assam reorganisation meghalaya act : 1 the governor shall, from time to time summon the legislative assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. 2 the governor may, from time to time, a prorogue the legislative assembly b dissolve the legislative assembly.

section 20. of the assam reorganisation meghalaya act : 1 the governor may address the legislative assembly and may for that purpose require the attendance of members. 2 the governor may send messages to the legislative assembly, whether with respect to a bill then pending in the legislative assembly or otherwise and when a message is so sent, the legislative assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration.

section 22. of the assam reorganisation meghalaya act : every minister and the advocategeneral for meghalaya shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly, and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall not, by virtue of this section, be entitled to vote.

section 24.speaker and deputy speaker not to preside while of the assam reorganisation meghalaya act : 1 at any sitting of the legislative assembly while any resolution for the removal of the speaker from his office is under consideration, the speaker, or, while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside, and the provisions of subsection 4 of section 23 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent. 2 the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the legislative assembly and shall, notwithstanding anything in section 27, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

section 25. of the assam reorganisation meghalaya act : 1 the legislative assembly shall have a separate secretarial staff. 2 the legislature of meghalaya may by law regulate the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly. 3 until provision is made by the legislature of meghalaya under subsection 2, the governor may, after consultation with the speaker of the legislative assembly, make rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the legislative assembly, and any rules so made shall have effect subject to the provisions of any law made under the said subsection.

section 26. of the assam reorganisation meghalaya act : every member of the legislative assembly shall, before taking his seat, make and subscribe before the governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule.

section 27. of the assam reorganisation meghalaya act : 1 save as otherwise provided in this act, all questions at any sitting of the legislative assembly shall be determined by majority of votes of the members present and voting other than the speaker or person acting as such. 2 the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. 3 the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. 4 until the legislature of meghalaya by law otherwise provides, the quorum to constitute a meeting of the legislative assembly shall be ten members. 5 if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker or person acting as such either to adjourn the assembly or suspend the meeting until there is a quorum.

section 33. of the assam reorganisation meghalaya act : 1 subject to the provisions of this act, the legislature of meghalaya has exclusive power to make laws for meghalaya or any part thereof with respect to any of the matters enumerated in part a or part b of the second schedule: provided that the exclusive power of the legislature of meghalaya to make laws in so far as it relates to that part of the area comprised within the municipality of shillong as immediately before the commencement of the constitution formed part of the khasi state of mylliem, shall extend only to matters with respect to which the district council having authority in that area has power to make laws in whatever form it may be immediately before the appointed day in exercise of any of the powers conferred by the sixth schedule to the constitution. 2 subject to the provisions of this act, the legislature of meghalaya and the legislature of the state of assam also shall have power to make laws for meghalaya or any part thereof with respect to any of the matters enumerated in part c of the second schedule: provided that the power of the legislature of meghalaya to make any such law shall not extend to the area comprised within the municipality of shillong which immediately before the commencement of the constitution formed part of the khasi state of mylliem. 3 for the removal of doubt it is hereby declared that nothing in subsection 1 or subsection 2 shall derogate from the powers conferred by the constitution a on parliament to make laws for the whole or any part of the state of assam, including meghalaya, with respect to any of the matters enumerated in the second schedule or b on the legislature of the state of assam to make laws for the whole or any part of assam, including meghalaya, with respect to any of the matters enumerated in list ii or list ii in the seventh schedule to the constitution, except in so far as any of the matters aforesaid falls within subsection 1.

section 28. of the assam reorganisation meghalaya act : 1 no person shall be a member of parliament or of the legislative assembly of the state of assam and also of the legislative assembly of meghalaya, and if a person is chosen a member of parliament or of the legislative assembly of assam and also of the legislative assembly of meghalaya, then, at the expiration of such period, as may be specified in rules made by the president, that persons seat in parliament or, as the case may be, in the legislative assembly of assam, shall become vacant unless he has previously resigned his seat in the legislative assembly of meghalaya. 2 if a member of the legislative assembly a becomes subject to any of the disqualifications mentioned in section 29, or b resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant. 3 if for a period of sixty days a member of the legislative assembly is, without permission of the legislative assembly, absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days no account shall be taken of any period during which the legislative assembly is prorogued or is adjourned for more than four consecutive days.

section 29. of the assam reorganisation meghalaya act : 1 a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly, a if he holds any office of profit under the government of india or the government of any state or the government of meghalaya other than an office declared by the legislature of meghalaya by law not to disqualify its holder or b if he is of unsound mind any stands so declared by a competent court c if he is an undischarged insolvent d if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance or adherence to a foreign state e if he is so disqualified by or under any of the provisions of chapter iii of part ii of the representation of the people act, 43 of , as applied to and in relation to the legislative assembly by section 17. 2 for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of meghalaya by reason only, that he is a minister either for the union or for such state or for meghalaya. 3 if any question arises as to whether a member has become disqualified for being such a member under the provisions of subsection 1, the question shall be referred for the decision of the governor and his decision shall be final. 4 before giving any decision on any such question, the governor shall obtain the opinion of the election commission and shall act according to such opinion.

section 34. of the assam reorganisation meghalaya act : 1 the property of the union shall, save in so far as parliament may, by law, otherwise provide, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya. 2 nothing in subsection 1 shall, until parliament by law otherwise provides, prevent any authority within meghalaya from levying any tax on any property of the union to which such property was immediately before the commencement of this act liable or treated as liable so long as that tax continues to be levied in meghalaya. 3 the property of the state of assam shall, so long as the property of meghalaya in the rest of assam is exempt from taxes imposed by the government of assam or by any authority within the state of assam, be exempt from all taxes imposed by meghalaya or by any authority within meghalaya. 4 no vehicle registered at any place in the state of assam, not being a place in meghalaya, and transiting through meghalaya shall be liable to any tax under any law enacted by the legislature of meghalaya so long as any vehicle registered at any place in meghalaya and transiting through the territory of assam not comprised in meghalaya is exempt from payment of any tax under any law enacted by the legislature of the state of assam.

section 30. of the assam reorganisation meghalaya act : if a person sits or votes as member of the legislative assembly before he has complied with the requirements of section 26, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by parliament or the legislature of meghalaya, he shall be liable in respect of each day on which he so sits or votes, to a penalty of five hundred rupees to be recovered as a debt due to meghalaya.

section 35. of the assam reorganisation meghalaya act : 1 if any provision of a law made by the legislature of meghalaya is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of any existing law with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution, then, subject to the provisions of subsection 2, the law made by parliament, whether passed before or after the law, made by the legislature of meghalaya, or, as the case may be, the existing law, shall prevail and the law made by the legislature of meghalaya shall, to the extent of the repugnancy, be void. 2 where a law made by the legislature of meghalaya with respect to one of the matters enumerated in the concurrent list in the seventh schedule to the constitution, which the legislature of meghalaya is competent to enact under this act contains any provision repugnant to the provision of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of meghalaya shall, if it has been reserved for the consideration of the president and has received his assent, prevail in meghalaya: provided that nothing in this subsection shall prevent parliament from enacting at any time, any law with respect to the same matter, including a law adding to, amending, varying or repealing the law so made by the legislature of meghalaya.

section 31., of members. of the assam reorganisation meghalaya act : 1 subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislature of meghalaya, there shall be freedom of speech in the legislative assembly of meghalaya. 2 no member of the legislative assembly of meghalaya shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the assembly of any report, paper, votes or proceedings. 3 in other respects, the powers, privileges and immunities of the legislative assembly and of the members and the committees thereof shall be such as may from time to time be defined by the legislature of meghalaya by law, and until so defined, shall be those for the time being enjoyed by the house of the people and its members and committees. 4 the provisions of subsections 1, 2 and 3 shall apply in relation to persons who by virtue of this act have the right to speak in, or otherwise to take part in the proceedings of, the legislative assembly or any committee thereof as they apply in relation to members of that assembly.

section 32. of the assam reorganisation meghalaya act : members of the legislative assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislature of meghalaya by law and, until provision in that respect is so made, such salaries and allowances as the governor may, by order, determine.

section 36. of the assam reorganisation meghalaya act : where a law made by the legislature of meghalaya with respect to one of the matters enumerated in part c of the second schedule contains any provisions repugnant to the provision of an earlier law made by the legislature of the state of assam which that legislature is competent to enact, or to any provision of any existing law with respect to that matter, then, the law so made by the legislature of meghalaya shall, to the extent of the repugnancy, be void unless the law has received assent under section 39 after the governor has obtained the advice of the chief minister of assam: provided that nothing contained in this section shall prevent the legislature of the state of assam from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of meghalaya. explanation 1.in this section and in sections 35 and 59, existing law means any law, ordinance, order, byelaw, rule or regulation passed or made before the appointed day by any legislature, authority or person having power to make such a law, ordinance, order, byelaw, rule or regulation. explanation 2.in this section and in sections 39 and 50, the reference to the advice of the chief minister of assam shall, while a proclamation issued in relation to the state of assam under clause 1 of article 356 of the constitution is in operation, be construed as a reference to the instructions from the president.

section 43. of the assam reorganisation meghalaya act : 1 so much of the estimates as relates to expenditure charged upon the consolidated fund of meghalaya shall not be submitted to the vote of the legislative assembly, but nothing in this subsection shall be construed as preventing the discussion in the legislative assembly of any of those estimates. 2 so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. 3 no demand for a grant shall be made except on the recommendation of the governor.

section 37. of the assam reorganisation meghalaya act : 1 a bill or amendment shall not be introduced into, or moved in, the legislative assembly except on the recommendations of the governor if such bill or amendment makes provisions dealing with any of the following matters, namely: a the imposition, abolition, remission, alteration or regulation of any tax b the regulation of the borrowing of money or the giving of any guarantee by meghalaya or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by meghalaya c the custody of the consolidated fund or the contingency fund of meghalaya, the payment of moneys into, or withdrawal of moneys from, any such fund d the appropriation of moneys out of the consolidated fund of meghalaya e the declaring of any expenditure to be expenditure charged on the consolidated fund of meghalaya, or the increasing of the amount of any such expenditure f the receipt of money on account of the consolidated fund of meghalaya or the public account of meghalaya or the custody or issue of such money: provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax. 2 a bill or amendment shall not be deemed to make provision for any of the matters specified in subsection 1 by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 3 a bill, which, if enacted and brought into operation, would involve expenditure from the consolidated fund of meghalaya shall not be passed by the legislative assembly unless the governor has recommended to the assembly the consideration of the bill.

section 38. of the assam reorganisation meghalaya act : a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly, but shall lapse on a dissolution thereof.

section 39. of the assam reorganisation meghalaya act : when a bill has been passed by the legislative assembly, it shall be presented to the governor and the governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president: provided that the governor may, as soon as possible after the presentation to him of the bill for assent, return the bill if it is not a money bill together with a message requesting that the legislative assembly will reconsider the bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the legislative assembly shall reconsider the bill accordingly, and if the bill is passed again by the assembly with or without amendment and presented to the governor for assent, the governor shall not a give assent in the case of a bill containing provisions of the nature referred to in section 36 except after obtaining the advice of the chief minister of assam b withhold assent in the case of any other bill. explanation.for the purposes of this section and section 40 a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in subsection 1 of section 37 or any matter incidental to any of those matters and there is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill: provided that a bill shall not be deemed to be a money bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

section 41. of the assam reorganisation meghalaya act : no act of the legislature of meghalaya and no provision in any such act shall be invalid by reason only that some recommendation or previous sanction required by the constitution or this act was not given, if assent to that act was given a where the recommendation required was that of the governor, either by the governor or by the president b where the recommendation or previous sanction required was that of the president, by the president.

section 40. of the assam reorganisation meghalaya act : when a bill is reserved by the governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom: provided that where the bill is not a money bill, the president may direct the governor to return the bill to the legislative assembly together with such a message as is referred to in section 39, and when a bill is so returned, the legislative assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message, and if it is again passed by the legislative assembly with or without amendment, it shall be presented again to the president for his consideration.

section 42. of the assam reorganisation meghalaya act : 1 the governor shall in respect of every financial year cause to be laid before the legislative assembly a statement of the estimated receipts and expenditure of meghalaya for that year, hereinafter referred to as the annual financial, statement. 2 the estimates of expenditure embodied in the annual financial statement shall show separately a the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of meghalaya and b the sums required to meet other expenditure proposed to be made from the consolidated fund of meghalaya, and shall distinguish expenditure on revenue account from other expenditure. 3 the following expenditure shall be expenditure charged upon the consolidated fund of meghalaya a the salaries and allowances of the speaker and the deputy speaker of the legislative assembly b debt charges for which the autonomous state is liable including interest sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt c any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal and d any other expenditure declared by the constitution or by the legislature of meghalaya to be so charged.

section 48. of the assam reorganisation meghalaya act : no discussion shall take place in the legislative assembly with respect to the conduct of any judge of the supreme court, or of a high court, in the discharge of his duties.

section 44. of the assam reorganisation meghalaya act : 1 as soon as may be after the grants under section 43 have been made by the legislative assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of meghalaya of all moneys required to meet a the grants so made by the legislative assembly and b the expenditure charged on the consolidated fund of meghalaya, but not exceeding in any case the amount shown in the statement previously laid before the assembly. 2 no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of meghalaya, and the decision of the person presiding as to whether an amendment is inadmissible under this subsection shall be final. 3 subject to the provisions of sections 45 and 46, no money shall be withdrawn from the consolidated fund of meghalaya except under appropriation made by law passed in accordance with the provisions of this section.

section 50. of the assam reorganisation meghalaya act : 1 if at any time, except when the legislative assembly is in session, the governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinance as the circumstances appear to him to require: provided that the governor shall not without instructions from the president, promulgate any such ordinance, if a a bill containing the same provisions would under the constitution or this act have required the previous sanction of the president for the introduction thereof into the legislative assembly of meghalaya or b he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president or c an act of the legislature of meghalaya containing the same provisions would under this act have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president: provided further that the governor shall not, except on the advice of the chief minister of assam, promulgate any such ordinance if with respect to a bill containing the same provisions he would have deemed it necessary under this act to obtain the advice of the chief minister before assenting thereto. 2 an ordinance promulgated under this section shall have the same force and effect as an act of the legislative assembly assented to by the governor, but every such ordinance a shall be laid before legislative assembly and shall cease to operate at the expiration of six weeks from the reassembly of the legislative assembly or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly, upon the passing of the resolution and b may be withdrawn at any time by the governor. 3 if and so far as an ordinance under this section makes any provision which would not be valid if enacted in an act of the legislature of meghalaya assented to by the governor, it shall be void: provided that a for the purposes of section 35 relating to the effect of an act of the legislature of meghalaya which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list in the seventh schedule to the constitution, an ordinance promulgated under this section in pursuance of instructions from the president shall be deemed to be an act of the legislature which has been reserved for the consideration of the president and assented to by him b for the purposes of section 36 relating to the effect of an act of the legislature of meghalaya which is repugnant to an act of the legislature of the state of assam or an existing law with respect to a matter enumerated in part c of the second schedule, an ordinance promulgated under this section on the advice of the chief minister of assam shall be deemed to be an act of the legislature which has been assented to on the advice of the chief minister.

section 45. of the assam reorganisation meghalaya act : 1 the governor shall, a if the amount authorised by any law made in accordance with the provisions of section 44 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or b if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the legislative assembly another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly a demand for such excess, as the case may be. 2 the provisions of sections 42, 43 and 44 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure or grant.

section 51. of the assam reorganisation meghalaya act : 1 subject to the provisions of section 52, all revenue received by the government of meghalaya, all loans raised by that government by the issue of treasury bills, loans or ways and means advances and all moneys received by that government in repayment of loans shall form one consolidated fund to be entitled the consolidated fund of meghalaya. 2 all other public moneys received by or on behalf of the government of meghalaya shall be credited to the public account of meghalaya. 3 no moneys out of the consolidated fund of meghalaya shall be appropriated except in accordance with law and for the purposes and in the manner provided in this act.

section 46. of the assam reorganisation meghalaya act : 1 notwithstanding anything in the foregoing provisions of this part, the legislative assembly shall have power a to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 43 for the voting of such grant and the passing of the law in accordance with the provisions of section 44 in relation to that expenditure b to make a grant for meeting an unexpected demand upon the resources of the autonomous state when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in the annual financial statement c to make an exceptional grant which forms no part of the current service of any financial year and the legislature of meghalaya shall have power to authorise by law the withdrawal of moneys from the consolidated fund of meghalaya for the purpose for which the said grants are made. 2 the provisions of sections 43 and 44 shall have effect in relation to the making of any grant under subsection 1 and to any law to be made under that subsection as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of meghalaya to meet such expenditure.

section 52. of the assam reorganisation meghalaya act : the legislature of meghalaya may, by law, establish a contingency fund in the nature of an imprest to be entitled the contingency fund of meghalaya into which shall be paid from time to time such sums as may be determined by such law, and the said fund shall be placed at the disposal of the governor to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislature of meghalaya by law under section 45 or section 46.

section 47. of the assam reorganisation meghalaya act : 1 the legislative assembly may make rules for regulating, subject to the provisions of this act, its procedure and the conduct of its business including the language or languages to be used in the legislative assembly. 2 until rules are made under subsection 1, the rules of procedure and standing orders with respect to the legislative assembly of the state of assam in force immediately before the commencement of this act shall have effect in relation to the legislative assembly subject to such modifications and adaptations as may be made therein by the governor.

section 49. of the assam reorganisation meghalaya act : 1 the validity of any proceedings in the legislative assembly shall not be called in question on the ground of any alleged irregularity of procedure. 2 no officer or member of the legislative assembly in whom powers are vested by or under this act for regulating procedure or the conduct of business or for maintaining order, in the legislative assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

section 53. of the assam reorganisation meghalaya act : all moneys received by or deposited with a any officer employed in connection with the affairs of meghalaya in his capacity as such, other than revenues or public moneys raised or received by the government of meghalaya or b any court within meghalaya to the credit of any cause, matter, account or persons shall be paid into the public account of meghalaya.

section 54., of consolidated fund, contingency fund and moneys credited to the public account of the assam reorganisation meghalaya act : the custody of the consolidated fund and the contingency fund of meghalaya, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such funds received by or on behalf of the government of meghalaya, their payment into the public account of meghalaya and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the legislature of meghalaya, and, until provision in that behalf is so made, shall be regulated by rules made by the governor.

section 60. of the assam reorganisation meghalaya act : the executive power of meghalaya shall be so exercised as not to impede or prejudice the exercise of the executive power of the union or the government of assam, as the case may be, and the executive power of the union and the state of assam shall extend to the giving of such directions to meghalaya as may appear to the government of india or the government of assam, as the case may be, to be necessary for that purpose.

section 55. of the assam reorganisation meghalaya act : 1 notwithstanding anything contained in this act, any tax on the consumption or sale of electricity relatable to entry 53 in the state list in the seventh schedule to the constitution, and any tax on the sale or purchase of goods relatable to entry 54 in the said list levied by the government of assam shall be collected within meghalaya but not including any area comprised within the municipality of shillong by the government of meghalaya, and the proceeds in any financial year of any such tax leviable within meghalaya shall not form part of the consolidated fund of assam, but shall form part of the consolidated fund of meghalaya. 2 where a tax relatable to entry 54 in the state list aforesaid levied by the government of assam is collected by that government at the first point of sale or purchase of goods, such portion of the tax so collected as may be agreed upon by the governments of assam and meghalaya or in default of such agreement, as such the central government may determine, shall be payable to meghalaya. 3 the laws with respect to the taxes referred to in subsection 1 shall have effect subject to such exceptions and modifications as the central government, may, by order, specify for the purpose of giving effect to the provisions of that subsection.

section 56. of the assam reorganisation meghalaya act : 1 the grantsinaid under clause 1 of article 275 and the share of the taxes on income, the distributable union duties of excise, the additional duties of excise on goods of special importance and estate duty payable to the state of assam under the constitution distribution of revenues order, , the union duties of excise distribution act, 3 of , the additional duties of excise goods of special importance act, 58 of and the estate duty distribution act, 9 of , shall be construed as from the appointed day, as payable to the state of assam and the autonomous state of meghalaya in such proportion as the president may, by order, determine. 2 every order made by the president under subsection 1 shall be laid before parliament as soon as may be after it is made.

section 61. of the assam reorganisation meghalaya act : notwithstanding anything in this act, a the government of assam may, with the consent of the government of meghalaya, entrust either conditionally or unconditionally to that government or to its officers function in relation to any matter to which the executive power of the state of assam extends b the government of meghalaya may, with the consent for the government of assam, entrust either conditionally or unconditionally to that government or to its officers functions in relation to any matter to which the executive power of meghalaya extends.

section 57. of the assam reorganisation meghalaya act : the governor may, at any time before the appointed day, authorise such expenditure from the consolidated fund of meghalaya as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of that expenditure by the legislative assembly: provided that the governor may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of meghalaya for any period not extending beyond the said period of six months.

section 58. of the assam reorganisation meghalaya act : the assets and liabilities of the state of assam immediately before the appointed day shall be apportioned between that state and meghalaya in accordance with the provisions contained in the third schedule.

section 64. of the assam reorganisation meghalaya act : all courts and tribunals and all authorities discharging lawful functions throughout meghalaya or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent authority, continue to exercise their respective functions.

section 59. of the assam reorganisation meghalaya act : the executive power of meghalaya shall be so exercised as to ensure compliance with the laws made by parliament, the legislature of the state of assam and any existing laws which apply in meghalaya, and the executive power of the union and of the state of assam shall extend to the giving of such directions to meghalaya as may appear to the government of india or the government of assam, as the case may be, to be necessary for that purpose.

section 62. of the assam reorganisation meghalaya act : 1 until the legislative assembly of meghalaya has been duly constituted and summoned to meet for the first session under the provisions of part iii, there shall be a provisional legislative assembly which shall consist of not less than thirtyfive and not more than fiftyfive persons as the central government may, after consultation with the election commission, by order, determine, and such persons shall be elected in the manner specified in subsection 2. 2 subject to the provisions of subsection 1, the members of the provisional legislative assembly shall be elected in the following manner, namely: a there shall be an electoral college for each autonomous district within meghalaya which shall consist of the elected members of the district council thereof, and each electoral college shall elect such number of persons to the provisional legislative assembly as the president may, after consultation with the election commission, by order, determine b the election of members to the provisional legislative assembly shall be in accordance with the system of proportional representation by means of the single transferable vote and shall be subject to such rules as the central government may, after consultation with the election commission, make in this behalf. 3 the central government may nominate to the provisional legislative assembly not more than three persons not being persons in the service of the government, to represent any minority communities in meghalaya which, in its opinion, need representation in the assembly. 4 no person shall be qualified to be chosen as a member of the provisional legislative assembly unless he is a person whose name is for the time being entered in the electoral roll for so much of any constituency of the legislative assembly of assam as is comprised within meghalaya and is not less than twentyfive years of age. 5 if owing to death, resignation or otherwise, the office of a member of the provisional legislative assembly falls vacant, it may be filled up as soon as practicable under and in accordance with the foregoing provisions of this section. 6 the term of office of the members of the provisional legislative assembly shall expire immediately before the first meeting of the legislative assembly duly constituted under this act. 7 the election by the electoral college under this section shall not be called in question on the ground merely of the existence of a vacancy in the membership of any district council forming part of the electoral college. 8 the provisional legislative assembly constituted under this section shall, for so long it is in existence, be deemed to be the legislative assembly duly constituted under this act, and accordingly the provisions of part iii shall, so far as may be, apply in relation to the provisional legislative assembly as they apply in relation to the legislative assembly.

section 63. of the assam reorganisation meghalaya act : the central government may, in consultation with the governments of assam and meghalaya, by order, constitute a committee consisting of such number of persons as it may think fit for advising the two governments on matters of common interests with respect to shillong in the field of education and water supply in particular, and with respect to its development and administration in general. explanation.in this section, shillong shall mean the areas comprised within the cantonment and municipality of shillong and include such other areas adjoining the said cantonment or municipality as may be agreed upon by the governments of assam and meghalaya in this behalf.

section 65. of the assam reorganisation meghalaya act : 1 every person who being a member of an allindia service is for the time being borne on the assam state cadre of that service or is otherwise serving in connection with the affairs of the state of assam as a member of class i service of that state may be required by the government of that state to serve in connection with the affairs of meghalaya for such period or periods as the government of assam may, by order, direct: provided that no such order shall be made a before the appointed day, except with the approval of the central government and b on or after the appointed day, except in accordance with such rules as may be made by the central government after consultation with the governments of assam and meghalaya. 2 subject to any general or special order which the central government may make in this behalf, the control over any such person as is referred to in subsection 1 shall, for so long as he is required to serve in connection with the affairs of meghalaya, be vested in the government of meghalaya. 3 such persons serving in connection with the affairs of the state of assam immediately before the appointed day, not being a person referred to in subsection 1 as may be determined by agreement, between the government of assam and the government of meghalaya or in default of agreement, by the central government, may, notwithstanding anything in the terms of their appointments or their conditions of service, be required to serve in connection with the affairs of the autonomous state. 4 all previous service rendered by a person referred to in subsection 3 in connection with the affairs of the state of assam shall be deemed to have been rendered in connection with the affairs of the autonomous state for the purposes of the rules regulating his conditions of service. 5 nothing in subsections 3 and 4 shall be deemed to affect the power of the legislature of meghalaya or the governor to determine the conditions of service of persons serving in connection with the affairs of meghalaya: provided that the conditions of service applicable immediately before the appointed day to any person referred to in subsection 3 shall not be varied to his disadvantage except with the previous approval of the government of assam.

section 70. of the assam reorganisation meghalaya act : without prejudice to the provisions of sections 66 and 71 the central government may, after consulting the government of assam, by notification in the official gazette, declare that any reference to a state in a central act specified in the notification shall, in its application to meghalaya, be construed as a reference to the whole or any part of meghalaya and any reference to state government in a central act specified in the notification shall in its application to meghalaya be construed as a reference to the central government.

section 66. of the assam reorganisation meghalaya act : 1 all laws in force immediately before the appointed day in the autonomous state shall continue to be in force therein until altered, repealed or amended by a competent legislature or other competent authority. 2 for the purpose of facilitating the application in relation to the autonomous state of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations or modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government, as respects any law relating to a matter in the second schedule, the government of meghalaya, and, as respects any other law, the government of assam.

section 67. of the assam reorganisation meghalaya act : subject to the other provisions contained in this act, reference to a state by whatever form of words in any of the following articles of the constitution shall be construed as including a reference to the autonomous state, namely: articles 12 to 15 inclusive, 16 except clause 3 thereof, 18, 19, 23, 25, 28 to 31 inclusive, 31a, 34 to 51 inclusive, 58, 59, 66, 73, 102, 1101f, 131, 138, 149, 150, 151, 161, 209, 210, 233, 234, 235, 237, 251, 252, 256 to 258a inclusive, 261, 262, 263, 268, 269, 270, 272, 274 to 280 inclusive, 282, 288, 289, 293, 296, 298 to 305 inclusive, 308 to 311 inclusive, 320, 3232, 324 to 329 inclusive, 339 to 342 inclusive, 345 to 348 inclusive, 350, 350a, 350b, 353, 355 to 358 inclusive, 360, 361, 364 to 367 inclusive. explanation.reference in any of the articles above specified to the high court or to the state public service commission shall be construed as reference to the high court of assam or the public service commission of the state of assam, as the case may be.

section 68., in meghalaya. of the assam reorganisation meghalaya act : 1 the executive power which the government of assam may exercise under article 298 in meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of the state of assam may make laws, be subject to legislation by the legislature of meghalaya. 2 the executive power which the government of meghalaya may exercise under article 298 in meghalaya for the carrying on of any trade or business and for the acquisition, holding and disposal of property and the making of contracts of for any purpose shall, in so far as such trade or business or such purpose is not one with respect to which the legislature of mehgalaya may make laws, be subject also to legislation by the legislature of the state of assam.

section 72. of the assam reorganisation meghalaya act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 69. of the assam reorganisation meghalaya act : where a proclamation is issued under article 356 in respect of meghalaya, the president may, by the same proclamation or a subsequent proclamation varying it, suspend also, in whole or in part, the operation of any of the provisions of this act.

section 71. of the assam reorganisation meghalaya act : notwithstanding that no provision or insufficient provision has been made under section 66 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the autonomous state, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 73. of the assam reorganisation meghalaya act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before both houses of parliament as soon as may be after it is made.

section 77. of the assam reorganisation meghalaya act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 74. of the assam reorganisation meghalaya act : the sixth schedule in the constitution shall stand amended as specified in the fourth schedule.

section 75. of the assam reorganisation meghalaya act : in section 21a of the reserve bank of india act, , in subsection 1 , after the words any state, the brackets and words including the autonomous state of meghalaya shall be inserted.

section 76. of the assam reorganisation meghalaya act : in section 16 of the states reorganisation act, , in subsection 1 , for clause d, the following clause shall be substituted, namely: d in the case of the eastern zone, i the chief minister and another minister of the autonomous state of meghalaya to be nominated by the governor of assam and if there is no council of ministers therein, not more than two members from the autonomous state of meghalaya to be nominated by the president and ii the person for the time being holding the office of the adviser to the governor of assam for tribal areas..

section 8. of the sugarcane act : 31 the 1state government after previous publication may, by notification in the 2official gazette, make rules providing for the exemption of factories or any class of factories from the provisions of this act. 42 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by the a.o. for provincial. 2. subs. by the a.o. for local official gazette. 3. section 8 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule. 4. added by s. 2 and the schedule, ibid.

section 1. of the sugarcane act : 1 this act may be called the sugarcane act, . 12 it extends to the whole of india, except the 2territories which, immediately before the 1st november, , were comprised in part b states. 3 this section shall come into force at once the remaining sections of this act shall come into force in any 3state on such date as the 4state government may, by notification in the 5official gazette, appoint in that behalf. 1. subs. by the a.o. , for subsection 2 w.e.f. . 2. subs. by the a.o. , for part b states w.e.f. . 3. subs. by the a.o. , for province. 4. subs., bid., for provincial. 5. subs. by the a.o. , for local official gazette.

section 7. of the sugarcane act : 1 the 1state government may, by notification in the 2official gazette, make rules for the purpose of carrying into effect the objects of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the carrying out of inquiries preliminary to the exercise of the powers conferred by section 3 b establishing advisory committees for any purpose connected with the administration of this act, and defining the powers, functions and procedure of such committees c the issue of licences to purchasing agents, the fees for such licences, and the regulation of the purchase and sale of sugarcane by and to such agents d the organisation of growers of sugarcane into societies for the sale of sugarcane to factories e the authorities by which any functions under this act or the rules made thereunder are to be performed and f the records, registers and accounts to be maintained for ensuring compliance with the provisions of this act. 3 in making any rule under subsection 1 or under clause c or clause f of subsection 2, the 1state government may provide that a breach of the rule shall, where no other penalty is provided by this act, be punishable with fine not exceeding two thousand rupees. 1. subs. by the a.o. for provincial. 2. subs. by the a.o. for local official gazette.

section 2. of the sugarcane act : in this act, unless there is anything repugnant in the subject or context, 1 controlled area means any area specified in a notification issued under subsection 1 of section 3 2 factory means any premises including the precincts thereof wherein twenty or more workers are working or were working on any day of the preceding twelve months and in any part of which any manufacturing process connected with the production of sugar is being carried on or is ordinarily carried on with the aid of power and 3 sugar means any form of sugar containing more than ninety per cent. of sucrose.

section 3. of the sugarcane act : 1 the 1state government may, by notification in the 2official gazette, declare any areas specified in the notification to be a controlled area for the purposes of this act. 2 3 the 1state government may, by notification in the 2official gazette, fix a minimum price or minimum prices for the purchase in any controlled area of sugarcane intended for use in any factory. 3 the 1state government may, by notification in the 2official gazette prohibit in any controlled area the purchase of sugarcane intended for use in any factory otherwise than from the grower of the sugarcane or from a person licensed by the 5 state government to act as a purchasing agent. 1. subs., ibid., for provincial. 2. subs. by the a.o. , for local official gazette. 3. the words subject to the control of the governorgeneral in council omitted by the a.o. .

section 6. of the sugarcane act : no court shall take cognizance of any offence punishable under section 5 except upon complaint made by order of, or under authority from, the district magistrate.

section 4. of the sugarcane act : not less than thirty days before the issue of any notification under subsection 1 or subsection 2 of section 3, the 1state government shall publish in the 2official gazette and in such other manner if any as it thinks fit a draft of the proposed notification specifying a date on or after which the draft will be taken into consideration, and shall consider any objection or suggestion which may be received from any person with respect to the draft before the date so specified. 1. subs., bid., for provincial. 2. subs. by the a.o. , for local official gazette.

section 5. of the sugarcane act : whoever in any controlled area purchases any sugarcane intended for use in a factory at a price less than the minimum price fixed therefore by notification under subsection 2 of section 3 or in contravention of any prohibition made under subsection 3 of section 3 shall be punishable with fine which may extend to two thousand rupees.

section 7. of the african development bank act : every notification issued under subsection 2 of section 5 and every rule made under section 6 shall be laid, as soon as may be after it is issued or made, before each of the house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or, as the case may be, in the rule or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

section 1. of the african development bank act : 1 this act may be called the african development bank act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th december, , vide notification no. g.s.r. 889e, dated 14th december, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the african development bank act : in this act, unless the context otherwise requires, a agreement means the agreement for the establishment of the african development bank b bank means the african development bank established under the agreement.

section 3. of the african development bank act : 1 there shall be paid out of the consolidated fund of india, after due appropriation made by parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying, a the subscriptions payable by the central government to the bank under articles 6, 7, 10 and 21 of the agreement b any sums payable by the central government to the bank under article 28 of the agreement 2 the central government may, if it thinks fit so to do, create and issue to the bank, in such form as it thinks fit, any noninterest bearing and nonnegotiable notes or other obligations.

section 6. of the african development bank act : the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act.

section 5. of the african development bank act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of the agreement set out in the schedule shall have the force of law in india provided that nothing in article 57 of the agreement shall be construed as a entitling the bank to import into india goods free of any duty of customs without any restriction on their subsequent sale therein or b conferring on the bank any exemption from duties or taxes which form part of the price of goods sold or c conferring on the bank any exemption from duties or taxes which are in fact no more than charges for services rendered. 2 the central government may, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein.

section 4. of the african development bank act : the reserve bank of india shall be the depository of the indian currency holdings of the bank.

section 8. of the reserve and auxiliary air forces act : every member of the regular air force reserve shall, on completion of the period of his service therein, cease to be a member of the reserve.

section 1. of the reserve and auxiliary air forces act : 1 this act may be called the reserve and auxiliary air forces act, . 2 it extends to the whole of india. 3 this chapter shall come into force at once, and the remaining provisions shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions. 1. chapters ii and iii and provisions of chapters v and vi except so far as they relate to the auxiliary air force came into force on the 15th august, , vide s.r.o. 332, dated the 20th august, , gazette of india, part ii, sec. 4. chapter iv and provisions of chapters v and vi relating to the auxiliary air force came into force on the 15th october, , vide s.r.o. 395, dated the 15th october, , gazette of india, part ii, sec. 4.

section 2. of the reserve and auxiliary air forces act : in this act, unless the context otherwise requires, a air force reserve means any of the air force reserves raised and maintained under this act b competent authority means an air officer or a committee consisting of two or more air officers appointed under section 3 c prescribed means prescribed by rules made under this act d all other words and expressions used herein and defined in the air force act, 15 of and not hereinbefore defined shall have the meanings respectively assigned to them by that act.

section 9. of the reserve and auxiliary air forces act : the central government may raise and maintain in the manner hereafter in this chapter provided an air force reserve to be designated the air defence reserve which shall consist of persons deemed under the provisions of section 16 to be enrolled therein.

section 3. of the reserve and auxiliary air forces act : show related subordinates the central government may, by notification in the official gazette, appoint an air officer1 or a committee consisting of two or more air officers to perform all or any of the functions of the competent authority under this act for such area as may be specified in the notification. 1. the deputy chief of air staff, vide s.r.o. 321, dated the 20th august, , gazette of india, part ii, sec. 4.

section 6. of the reserve and auxiliary air forces act : members of the regular air force reserve shall be divided into the following classes, namely: a general duties officers b ground duties officers, and c airmen, and every officer shall be entitled on transfer or appointment to the reserve to hold the same rank as that which he last held in the air force, or the air defence reserve or the auxiliary air force, as the case may be, before such transfer or appointment.

section 10. of the reserve and auxiliary air forces act : members of the air defence reserve shall be divided into the following classes, namely: a general duties officers b ground duties officers and c airmen.

section 5. of the reserve and auxiliary air forces act : 1 the competent authority may, by general or special order, transfer to the regular air force reserve a any officer or airman of the air force who under the terms and conditions of his service is liable to serve in any air force reserve if and when constituted b any officer or airman of the air force whose commission or engagement in the air force has been terminated before the commencement of this act and who under the terms of his commission or engagement was liable to serve in any air force reserve if and when constituted c any officer or airman who has served in the air force and has retired therefrom and any officer or airman so transferred shall be deemed to be a member of the said reserve. 2 the competent authority may, in such circumstances and subject to such conditions as may be prescribed, by special order, appoint to the regular air force reserve any member of the air defence reserve or the auxiliary air force raised and maintained under this act, and where any such member is so appointed, he shall cease to be a member of the air defence reserve or the auxiliary air force, as the case may be, and shall as from the date of such appointment be deemed to be a member of the regular air force reserve. 3 the competent authority may, for reasons which in its opinion are sufficient, cancel any order made under subsection 1 or subsection 2 and on the cancellation of such order the person in respect of whom the order had been made shall cease to be a member of the regular air force reserve.

section 11. of the reserve and auxiliary air forces act : 1 every citizen of india who a holds or has held a public transport pilots licence b licence issued under the indian aircraft rules, , or b has had not less than two hundred hours experience of solo flying, including not less than thirty landings, or c holds or has held a first class navigators licence issued under the indian aircraft rules, , or d has had at least four years aviation experience during which at least six hundred hours shall have been spent in the air, not less than one hundred hours of such experience being experience of navigation in the air, or e holds or has held a first class radio telegraph operators licence issued under indian aircraft rules, , or f holds or has held a radio telephone operators licence issued under indian aircraft rules, , or g holds or has held a licence as ground engineer in any of the categories a, b, c, d or x issued under the indian aircraft rules, , or h is or was at any time employed in connection with any aerodrome or in connection with the control and movement of aircraft, in such capacity as may be prescribed, shall within the prescribed period correctly fill up, or cause to be filled up, to the best of his knowledge and belief the prescribed form, and sign and lodge it with the competent authority nearest to his usual place of residence or business: provided that nothing contained in this subsection shall apply i to any person belonging to any of the classes specified in clauses a to f, if he has attained the age of thirtyseven years or ii to any person belonging to any of the classes specified in clauses g and h, if he has attained the age of fifty years. 2 without prejudice to the provisions contained in subsection 1, the competent authority may, if it is satisfied that the provisions of that subsection apply to any person, by order in writing, require that person to furnish within such time such particulars as may be specified in the order and such person shall within the specified time furnish correctly to the best of his knowledge and belief the said particulars to the said authority in such form and manner as may be prescribed.

section 7. of the reserve and auxiliary air forces act : 1 every member of the regular air force reserve shall be liable to serve in the reserve a if he is transferred to the reserve under subsection 1 of section 5, for the period of his reserve liability and b if he is appointed to the reserve under subsection 2 of section 5, for the remainder of the period for which he was liable to serve in the air defence reserve or the auxiliary air force, as the case may be: provided that the competent authority may require any such member to serve in the reserve for such further period or periods not exceeding in the aggregate five years as it may think fit. explanation i.for the purposes of this subsection, period of reserve liability in relation to any member of the regular air force reserve means the period for which under the terms and conditions of his service in the air force he was liable to serve in any air force reserve if and when constituted. explanation ii.in computing the period of reserve liability in relation to any member of the regular air force reserve whose commission or engagement in the air force was terminated before the commencement of this act, the period which has elapsed between such termination and the date of such commencement shall be included. 2 notwithstanding anything contained in subsection 1, no person shall be liable to serve in the reserve after attaining the prescribed age.

section 4. of the reserve and auxiliary air forces act : the central government may raise and maintain in the manner hereafter in this chapter provided an air force reserve to be designated the regular air force reserve which shall consist solely of persons transferred or appointed to it under section 5.

section 16. of the reserve and auxiliary air forces act : the competent authority may cause to be served on any person whose name is entered in the register maintained in pursuance of section 15 a written notice stating that he is called up for service in the air defence reserve and requiring him to present himself at such place and time and to such authority as may be specified in the notice and the person upon whom the notice is served shall be deemed to be enrolled in the reserve as from the day so specified.

section 19. of the reserve and auxiliary air forces act : members of the auxiliary air force shall be divided into the following classes, namely: a general duties officers b ground duties officers and c airmen.

section 12. of the reserve and auxiliary air forces act : every person to whom the provisions of section 11 are applicable shall be liable to be called up for inquiry under section 13, a if he belongs to any of the classes specified in clauses a to f of subsection 1 of section 11, until he has completed his thirtyseventh year, and b if he belongs to any of the classes specified in clauses g and h of the said subsection, until he has completed his fiftieth year.

section 13. of the reserve and auxiliary air forces act : the competent authority may cause to be served on any person for the time being liable to be called up for inquiry under section 12 a written notice stating that he is called up for inquiry regarding his fitness for service in the air defence reserve and requiring him to present himself to such person and at such place and at such time as may be specified in the notice and to submit himself to inquiry by the said person

section 14. of the reserve and auxiliary air forces act : every person called up for inquiry under section 13 shall, if and when required by the competent authority, present himself for examination before such medical officer as may be directed by that authority and, for the purposes of such examination, shall comply with the directions of the medical officer.

section 20. of the reserve and auxiliary air forces act : the president may grant to such person as he thinks fit a commission as an officer in the auxiliary air force with designation of rank corresponding to that of any commissioned officer in the air force.

section 15. of the reserve and auxiliary air forces act : if, after such inquiry and medical examination as aforesaid, the competent authority considers a person fit for enrolment in the air defence reserve, it shall inform him accordingly and enter his name and other prescribed particulars in a register maintained in such form and manner as may be prescribed.

section 17. of the reserve and auxiliary air forces act : 1 every person deemed to be enrolled in the air defence reserve shall be liable for service a if he belongs to any of the classes specified in clauses a to f of subsection 1 of section 11, until he has completed his fortysecond year b if he belongs to any of the classes specified in clauses g and h of the said subsection, until he has completed his fiftyfifth year. 2 every such person, on attaining the age specified in subsection 1, shall cease to be a member of the air defence reserve.

section 22. of the reserve and auxiliary air forces act : every officer and every enrolled person shall, subject to any rules that may be made in this behalf under this act, be required to serve in the auxiliary air force for a period of five years from the date of his appointment or enrolment but may, after the completion of his period of service, volunteer to serve therein for further periods each of not more than five years duration.

section 18. of the reserve and auxiliary air forces act : 1 the central government may raise and maintain in the manner hereafter in this chapter provided an air force to be designated the auxiliary air force. 2 the central government may constitute such number of squadrons and units of the auxiliary air force as it thinks fit and may disband or reconstitute any squadron or unit.

section 21. of the reserve and auxiliary air forces act : any citizen of india may offer himself for enrolment in the auxiliary air force and may, if he satisfies the prescribed conditions, be so enrolled on such terms as may be prescribed.

section 23. of the reserve and auxiliary air forces act : the service of any officer or enrolled person in the auxiliary air force may, at any time before the completion of his period of service, be terminated by such authority and under such conditions as may be prescribed.

section 29. of the reserve and auxiliary air forces act : 1 every member of an air force reserve or the auxiliary air force shall, during the period of training or active service, receive such pay and allowances as are admissible to an officer or airman, as the case may be, in the corresponding rank, branch or trade of the air force. 2 where any such member was in any employment immediately before he is called up for training under section 25, the employer shall, during the period of the training, be liable to pay to him the difference, if any, between the pay and allowances which he would have received from the employer if he had not been called up for such training and the pay and allowances which he receives as such member while under training. 3 if any employer refuses or fails to pay to any such member the difference in pay and allowances as provided in subsection 2, such difference in pay and allowances may, on application by the member to the prescribed authority, be recovered from the employer in such manner as may be prescribed.

section 24. of the reserve and auxiliary air forces act : 1 the central government shall, as soon as may be after the commencement of this act, constitute a for the whole of india, a central advisory committee b for each state, a state advisory committee and c for every unit of the auxiliary air force, a unit advisory committee. 2 it shall be the duty of the central advisory committee to advise the central government on matters connected with the auxiliary air force generally, of the state advisory committee to advise the central government on matters connected with the formation of squadrons or units in the state and squadrons or units already stationed in the state. 3 the duties, powers and procedure of advisory committees and in particular the matters in respect of which the advisory committees may be called upon to give advice shall be such as may be prescribed.

section 25. of the reserve and auxiliary air forces act : every member of an air force reserve or the auxiliary air force shall, during the period of his service, be liable to be called up a for training for such period as may be prescribed and for medical examination, b for service in aid of the civil power, c for air force service in india or abroad.

section 26. of the reserve and auxiliary air forces act : every member of an air force reserve or the auxiliary air force shall, when called up for training, medical examination or for service under this act, be subject to the air force act, 45 of , and the rules made thereunder in the same manner as a person belonging to the air force and holding the same rank is subject to the said act and rules and shall continue to be so subject until duly released from such training, medical examination or service, as the case may be.

section 31. of the reserve and auxiliary air forces act : any notice or order to be served on any person for the purposes of this act may be sent by post to that person at his last known address or may be served upon him in such other manner as may be prescribed.

section 28. of the reserve and auxiliary air forces act : when any person called up under section 25 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, during the period for which he has been so called up and if he is reinstated, until such reinstatement under the provisions of this act, to have in respect of such fund or scheme such rights as may be prescribed.

section 27. of the reserve and auxiliary air forces act : 1 it shall be the duty of every employer by whom a person called up under section 25 is employed to grant him such leave as may be necessary and to reinstate him in his employment on the termination of the period during which he has been so called up in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been so called up: provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason the reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which may be put before him and after making such further inquiry into the matter as may be prescribed, pass an order a exempting the employer from the provisions of this section, or b requiring him to reemploy such person on such terms as that authority thinks suitable, or c requiring him to pay to such person by way of compensation for failure or inability to reemploy a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer. 2 if any employer fails to obey the order of any such authority as is referred to in the proviso to subsection 1, he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him if he has not already been so required by the said authority to pay to the person whom he has failed to reemploy a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. 3 in any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period during which he was called up under section 25. 4 the duty imposed by subsection 1 upon an employer to grant leave to a person such as is described in that subsection or to reinstate him in his employment shall attach to an employer who, before such person is actually called up under section 25, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that subsection and such intention shall be presumed until the contrary is proved if the termination takes place after the issue of an order relating to that person under section 25.

section 30. of the reserve and auxiliary air forces act : 1 if any person refuses or without lawful excuse the burden of proving which shall lie upon such person neglects to comply fully with the requirements of subsection 1 of section 11 or of any order made under subsection 2 of that section or with the requirements of section 14, he shall be punishable with fine which may extend to five hundred rupees. 2 if any person wilfully fails to comply with any notice issued under section 13 or section 16, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 32. of the reserve and auxiliary air forces act : for the purposes of this act every competent authority and where the competent authority consists of a committee of two or more air officers, every member of the committee shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 33. of the reserve and auxiliary air forces act : the central government may, for special reasons and subject to such conditions as may be prescribed, by order exempt any person from any obligation or liability under this act or any particular provision thereof.

section 36. repealed. of the reserve and auxiliary air forces act : repeal of act 36 of . rep. by s. 2 and the first schedule, ibid.

section 34. of the reserve and auxiliary air forces act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the composition and strength of any air force reserve b the circumstances in which and the conditions subject to which any officer or airman may be transferred or appointed to the regular air force reserve under section 5 c the age beyond which persons shall not be liable to serve in the regular air force reserve d the form and manner in which the particulars required by subsection 2 of section 11 shall be furnished e the form and manner in which registers shall be maintained in pursuance of section 15, the particulars to be entered therein, and the correction or revision of such particulars from time to time f the pay or allowances payable to persons called up for inquiry or medical examination under this act g the terms and conditions subject to which a person may be enrolled as a member of the auxiliary air force h the authority by which and the conditions subject to which the service of any officer or enrolled person in the auxiliary air force may be terminated i the constitution and the duties, powers and procedure of advisory committees to be constituted under section 24 j the period and manner of training of members of any air force reserve and the auxiliary air force k the manner in which and the conditions subject to which the rank of any member of an air force reserve may be determined l the constitution of the authority for the purpose of section 27 and the manner in which such authority may conduct any inquiry under this act m the authority to which an application under subsection 3 of section 29 may be made and the manner in which the difference in the pay and allowances may be recovered under that subsection n the manner in which any notice or order issued or made under this act may be served o the conditions subject to which any person may be exempted from any obligation or liability under this act or any particular provision thereof p any other matter which under this act is to be, or may be prescribed. 3 any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to fifty rupees. 14 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule. w.e.f. .

section 35. of the reserve and auxiliary air forces act : amendment of sections 2, 4 and 31, act 45 of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule.

section 8. of the prisons act : all officers of a prison shall obey the directions of the superintendent all officers subordinate to the jailer shall perform such duties as may be imposed on them by the jailer with the sanction of the superintendent or be prescribed by rules under section 159. 1 subs. by the a. o. , for 60.

section 3. of the prisons act : in this act 1 prison means any jail or place used permanently or temporarily under the general or special orders of a state government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include a any place for the confinement of prisoners who are exclusively in the custody of the police b any place specially appointed by the state government under section 541 of the 1code of criminal procedure, 10 of or c any place which has been declared by the state government, by general or special order, to be a subsidiary jail 2 criminal prisoner means any prisoner duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction, or by order of a courtmartial 3 convicted criminal prisoner means any criminal prisoner under sentence of a court or courtmartial, and includes a person detained in prison under the provisions of chapter viii of the 1code of criminal procedure, 10 of , or under the 2prisoners act, 5 of 4 civil prisoner means any prisoner who is not a criminal prisoner 5 remission system means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentences of, prisoners in jail 6 historyticket means the ticket exhibiting such information as is required in respect of each prisoner by this act or the rules thereunder 7 inspector general means the inspector general of prisons 8 medical subordinate means an assistant surgeon, apothecary or qualified hospital assistant and 9 prohibited article means an article the introduction or removal of which into or out of a prison is prohibited by any rule under this act. state amendment orissa. amendment of section 3, 9 of .in section 3 of the prisons act, 9 of hereinafter referred to as the said act, for clause 5 the following clauses shall be substituted, namely: 5 remission system means the system of regulating the award of marks to, and the consequent shortening the sentences of prisoners in jail in accordance with the rules for the time being in force 5a furlough system means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force. vide the orissa act 29 of , s. 2 maharashtra. amendment of section 3 of act ix of .in section 3 of the prisons act, ix of , hereinafter to as the said act, for clause 5, the following clauses shall be substituted, namely: 5 remission system means the system of regulation the award of marks to, and the consequent shortening of sentence of, prisoners in jail in accordance with the rules for the time being in force 5a furlough system means the system of releasing prisoners in jail in furlough in accordance with the rules for the time being in force. vide bombay act xxvii of , s. 2 maharashtra. amendment of section 3 of act ix of .in the prisons act, hereinafter referred to as the principal act, in section 3, clause 8 shall be deleted. vide bombay act xlv of , s. 2 1. see now the code of criminal procedure, act 2 of . 2. see now the prisoners act, 3 of .

section 7. of the prisons act : whenever it appears to the inspector general that the number of prisoners in any prison is greater than can conveniently or safely be kept therein, and it is not convenient to transfer the excess number to some other prison, or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it is desirable to provide for the temporary shelter and safe custody of any prisoners, provision shall be made, by such officer and in such manner as the state government may direct, for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison.

section 9. of the prisons act : no officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings, directly or indirectly, with any prisoner.

section 1. of the prisons act : 1 this act may be called the prisons act, . 12 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 3 it shall come into force on the first day of july, . 4 nothing in this act shall apply to civil jails in the 3state of bombay 4as it existed immediately before the 1st november, outside the city of bombay, and those jails shall continue to be administered under the provisions of sections 9 and 16 both inclusive of 5bombay act 2 of , as amended by subsequent enactments. 1. subs. by the a. o. , for subsection 2. 2. subs. by the adaptation of laws no. 2 order, , for part b states. 3. subs. by the a. o. , for province which was subs. by the a o. for presidency. 4. ins. by the adaptation of laws no. 2 order, . 5. the civil jails act, .

section 10. of the prisons act : no officer of a prison shall, nor shall any person in trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison : nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

section 2.. of the prisons act : repeal. rep. by the repealing act, 1 of , s. 2 and the schedule.

section 4. of the prisons act : the state government shall provide, for the prisoners in the territories under such government, accommodation in prisons constructed and regulated in such manner as to comply with the requisitions of this act in respect of the separation of prisoners.

section 5. of the prisons act : an inspector general shall be appointed for the territories subject to each state government, and shall exercise, subject to the orders of the state government, the general control and superintendence of all prisons situated in the territories under such government.

section 6. of the prisons act : for every prison there shall be a superintendent, a medical officer who may also be the superintendent, a medical subordinate, a jailer and such other officers as the state government thinks necessary : provided that 1the state government of bombay may 2 declare by order in writing that in any prison specified in the order the office of jailer shall be held by the person appointed to be superintendent. state amendments maharashtra. amendment of section 6 of act ix of .in section 6 of the principal act shall be renumbered as subsection 1 of that section. 2 in subsection 1 so renumbered a after the words a superintendent the brackets and words who may be a deputy inspectorgeneral of prisons shall be inserted b the words a medical subordinate shall be deleted c after the said subsection 1, the following subsection shall be inserted, namely: 2 where one or more deputy superintendents are appointed for a prison, they shall, subject to the general or special orders of the inspectorgeneral, exercise, carry out or discharge all or any of the powers, duties and functions of a superintendent under this act, or any law for the time being in force, as the superintendent may delegate to them. vide bombay act xlv of , s. 3 1 subs. by the a. o. , for the governor of bombay in council. 2. the words with the previous sanction of the g. g. in c. omitted, ibid.

section 14. of the prisons act : whenever the medical officer has reason to believe that the mind of a prisoner is, or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the medical officer shall report the case in writing to the superintendent, together with such observations as he may think proper. this report, with the orders of the superintendent thereon, shall forthwith be sent to the inspector general for information.

section 11. of the prisons act : 1 subject to the orders of the inspector general, the superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control. 2 subject to such general or special directions as may be given by the state government, the superintendent of a prison other than a central prison or a prison situated in a presidencytown shall obey all orders not inconsistent with this act or any rule thereunder which may be given respecting the prison by the district magistrate, and shall report to the inspector general all such orders and the action taken thereon. state amendment maharashtra. amendment of section 11 of act ix of .in section 11 of the principal act, in subsection 2, the words a central prison or shall be deleted. vide bombay act xlv of , s. 4

section 18. of the prisons act : the jailer shall be responsible for the safe custody of the records to be kept under section 12, for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.

section 12. of the prisons act : the superintendent shall keep, or cause to be kept, the following records : 1 a register of prisoners admitted 2 a book showing when each prisoner is to be released 3 a punishmentbook for the entry of the punishments inflicted on prisoners for prisonoffences 4 a visitors book for the entry of any observation made by the visitors touching any matters connected with the administration of the prison 5 a record of the money and other articles taken from prisoners and all such other records as may be prescribed by rules under section 59 1. 1 the words and figures or section 60 omitted by the a. o. .

section 13. of the prisons act : subject to the control of the superintendent, the medical officer shall have charge of the sanitary administration of the prison, and shall perform such 1duties as may be prescribed by rules made by the state government under section 259. 1. for rules as to medical officers duties under s. 13, see different local rules and orders. 2. subs. by the a o. , for 60.

section 20. of the prisons act : where a deputy jailer or assistant jailer is appointed to a prison, he shall, subject to the orders of the superintendent, be competent to perform any of the duties, and be subject to all the responsibilities, of a jailer under this act or any rule thereunder.

section 15. of the prisons act : on the death of any prisoner, the medical officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely : 1 the day on which the deceased first complained of illness or was observed to be ill, 2 the labour, if any, on which he was engaged on that day, 3 the scale of his diet on that day, 4 the day on which he was admitted to hospital, 5 the day on which the medical officer was first informed of the illness, 6 the nature of the disease, 7 when the deceased was last seen before his death by the medical officer or medical subordinate, 8 when the prisoner died, and 9 in cases where a postmortem examination is made an account of the appearances after death, together with any special remarks that appear to the medical officer to be required. state amendment maharashtra. amendment of section 15 of act ix of .in section 15 of the principal act, in clause 7, the words or medical subordinate shall be deleted. vide bombay act xlv of , s. 5

section 16. of the prisons act : 1 the jailer shall reside in the prison, unless the superintendent permits him in writing to reside elsewhere. 2 the jailer shall not, without the inspector generals sanction in writing, be concerned in any other employment.

section 22. of the prisons act : officers subordinate to the jailer shall not be absent from the prison without leave from the superintendent or from the jailer.

section 17. of the prisons act : upon the death of a prisoner, the jailer shall give immediate notice thereof to the superintendent and the medical subordinate. state amendment maharashtra. amendment of section 17 of act ix of .in section 17 of the principal act, for the words medical subordinate the words medical officer shall be substituted. vide bombay act xlv of , s. 6

section 19. of the prisons act : the jailer shall not be absent from the prison for a night without permission in writing from the superintendent but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the superintendent.

section 21. of the prisons act : the officer acting as gatekeeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the jailer.

section 28. of the prisons act : subject to the requirements of the last foregoing section, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.

section 27. of the prisons act : the requisitions of this act with respect to the separation of prisoners are as follows : 1 in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners 2 in a prison where male prisoners under the age of 1twentyone are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not 3 unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners and 4 civil prisoners shall be kept apart from criminal prisoners. 1 subs. by act 6 of , s. 2, for eighteen.

section 23. of the prisons act : prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the indian penal code 45 of

section 24. of the prisons act : 1 whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him. 2 every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the medical officer, who shall enter or cause to be entered in a book, to be kept by the jailer, a record of the state of the prisoners health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any observations which the medical officer thinks fit to add. 3 in the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the medical officer.

section 25. of the prisons act : all money or other articles in respect whereof no order of a competent court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use, shall be placed in the custody of the jailer.

section 26. of the prisons act : 1 all prisoners, previously to being removed to any other prison, shall be examined by the medical officer. 2 no prisoner shall be removed from one prison to another unless the medical officer certifies that the prisoner is free from any illness rendering him unfit for removal. 3 no prisoner shall be discharged against his will from prison, if labouring under any acute or dangerous distemper, nor until, in the opinion of the medical officer, such discharge is safe.

section 31. of the prisons act : a civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the inspector general.

section 29. of the prisons act : no cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prisoner so confined in a cell for more than twentyfour hours, whether as a punishment or otherwise, shall be visited at least once a day by the medical officer or medical subordinate. state amendment maharashtra. amendment of section 29 of act ix of .in section 29 of the principal act, for the words or medical subordinate the words or any officer authorised by the medical officer in this behalf shall be substituted. vide bombay act xlv of , s. 7

section 30. of the prisons act : 1 every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of, the jailer and all articles shall be taken from him which the jailer deems it dangerous or inexpedient to leave in his possession. 2 every such prisoner shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the charge of a guard.

section 33. of the prisons act : 1 every civil prisoner and unconvicted prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the superintendent with such clothing and bedding as may be necessary. 2 when any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within fortyeight hours after the receipt by him of a demand in writing, pay to the superintendent the cost of the clothing and bedding so supplied to the prisoner and in default of such payment the prisoner may be released.

section 38. of the prisons act : all directions given by the medical officer or medical subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the medical officer himself or under his superintendence, shall be entered day by day in the prisoners historyticket or in such other record as the state government may by rule direct, and the jailer shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the jailer thinks fit to make, and the date of the entry. state amendment maharashtra. amendment of section 38 of act ix of .in section 38 of the principal act, 1 the words or medical subordinate shall be deleted 2 in the marginal note, for the word officers the word officer shall be substituted. vide bombay act xlv of , s. 9

section 39. of the prisons act : in every prison an hospital or proper place for the reception of sick prisoners shall be provided.

section 36. of the prisons act : provision shall be made by the superintendent for the employment as long as they so desire of all criminal prisoners sentenced to simple imprisonment but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

section 32. of the prisons act : no part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources, for such time as the superintendent thinks proper.

section 37. of the prisons act : 1 the names of prisoners desiring to see the medical subordinate or appearing out of health in mind or body shall, without delay, by reported by the officer in immediate charge of such prisoners to the jailer. 2 the jailer shall, without delay, call the attention of the medical subordinate to any prisoners desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the medical officer or medical subordinate respecting alterations of the discipline or treatment of any such prisoner. state amendment maharashtra. amendment of section 37 of act ix of .1 in subsection 1, for the words medical subordinate the words medical officer shall be substituted. 2 in subsection 2 a for the words medical subordinate, where they occur for the first time, the words medical officer shall be substituted. b the words or medical subordinate shall be deleted. vide bombay act xlv of , s. 8

section 35. of the prisons act : 1 no criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the superintendent, be kept to labour for more than nine hours in any one day. 2 the medical officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the historyticket of each prisoner employed on labour the weight of such prisoner at the time. 3 when the medical officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the medical officer may consider suited for him.

section 34. of the prisons act : 1 civil prisoners may, with the superintendents permission, work and follow any trade or profession. 2 civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the superintendent, for the use of implements and the cost of maintenance.

section 40. of the prisons act : due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that so far as may be consistent with the interests of justice, prisoners under trial may see their duly qualified legal advisers without the presence of any other person.

section 41. of the prisons act : 1 the jailer may demand the name and address of any visitor to prisoner, and, when the jailer has any ground for suspicion, may search any visitor, or cause him to be searched, but the search shall not be made in the presence of any prisoner or of another visitor. 2 in case of any such visitor refusing to permit himself to be searched, the jailer may deny him admission and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the state government may direct.

section 42. of the prisons act : whoever, contrary to any rule under section 159 introduces or removes or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison, any prohibited article, and every officer of a prison who, contrary to any such rule, knowingly suffers any such article to be introduced into or removed from any prison, to be possessed by any prisoner, or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a magistrate, be liable to imprisonment for a term not exceeding six months, or to fine not exceeding two hundred rupees, or to both. 1 subs. by the a. o, , for 60.

section 47. of the prisons act : 11 any two of the punishments enumerated in the last foregoing section may be awarded for any such offence in combination, subject to the following exceptions, namely : 1 formal warning shall not be combined with any other punishment except loss of privileges under clause 4 of that section 2 penal diet shall not be combined with change of labour under clause 2 of that section, nor shall any additional period of penal diet awarded singly be combined with any period of penal diet awarded in combination with 2cellular confinement 33 cellular confinement shall not he combined with separate confinement, so as to prolong the total period of seclusion to which the prisoner shall be liable 4 whipping shall not be combined with any other form of punishment except cellular 4and separate confinement and loss of privileges admissible under the remission system 55 no punishment will be combined with any other punishment in contravention of rules made by the 6state government 72 no punishment shall be awarded for any such offence so as to combine, with the punishment awarded for any other such offence two of the punishment which may not be awarded in combination for any such offence. state amendments assam. amendment of section 47 of act ix of .in subsection 1 of section 47 of the principal act, clause 4 shall be omitted. vide assam act 12 of , s. 3. orissa. amendment of section 47 act 9 of .in section 47 of the said act, in clause 4 of subsection 1 for the words the remission system the words the remission or furlough system shall be substituted. vide the orissa act 29 of , s. 4 maharashtra. amendment of section 47 of act ix of .in section 47 of the said act, in clause 4 of subsection 1, for the words the remission system the words the remission or furlough system shall be substituted. vide bombay act xxvii of , s. 4 1. section 47 renumbered as subsection 1 of section 47, by s. 3, ibid. 2. subs. by s. 3, ibid., for solitary . 3. subs. by s. 3, ibid., for exception 3. 4. subs. by act 10 of , s. 2 and the first schedule, for or . 5. added by act 17 of , s. 3. 6. subs. by the a.o. , for g.g. in c. . 7. added by act 17 of , s. 3.

section 50. of the prisons act : 1 no punishment of penal diet, either singly or in combination, or of whipping, or of change of labour under section 46, clause 2, shall be executed until the prisoner to whom such punishment has been awarded has been examined by the medical officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly in the appropriate column of the punishmentbook prescribed in section 12. 2 if he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary. 3 in the latter case he shall state what extent of punishment he thinks the prisoner can undergo without injury to his health. state amendment assam. amendment of section 50 of act 9 of .in subsection 1 of section 50 of the principal act the words and comma or of whipping, shall be omitted. vide assam act 12 of , s. 4.

section 43. of the prisons act : when any person, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a policeofficer, and thereupon such policeofficer shall proceed as if the offence had been committed in his presence.

section 51. of the prisons act : 1 in the punishmentbook prescribed in section 12 there shall be recorded, in respect of every punishment inflicted, the prisoners name, register number and the class whether habitual or not to which he belongs, the prisonoffence of which he was guilty, the date on which such prisonoffence was committed, the number of previous prisonoffences recorded against the prisoner, and the date of his last prisonoffence, the punishment awarded, and the date of infliction. 2 in the case of every serious prisonoffence, the names of the witnesses proving the offence shall be recorded, and, in the case of offences for which whipping is awarded, the superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor. 3 against the entries relating to each punishment the jailor and superintendent shall affix their initials as evidence of the correctness of the entries. state amendment assam. amendment of section 51 of act 9 of ..in subsection 2 of section 51 of the principal act the words in the words in the cases of offences for which whipping is awarded and the commas before this words and thereafter shall be omitted. vide assam act 12 of , s. 5.

section 49. of the prisons act : except by order of a court of justice, no punishment other than the punishments specified in the foregoing sections shall be inflicted on any prisoner, and no punishment shall be inflicted on any prisoner otherwise than in accordance with the provisions of those sections.

section 46. of the prisons act : 146. punishment of such offences.the superintendent may examine any person to touching any such offence, and determine thereupon, and punish such offence by 1 a formal warning : explanation.a formal warning shall mean a warning personally addressed to a prisoner by the superintendent and recorded in the punishmentbook and on the prisoners historyticket 2 change of labour to some more irksome or severe form 2for such period as may be prescribed by rules made by the 3state government 3 hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment 4 such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the 3state government 5 the substitution of gunny or other coarse fabric for clothing of other material, not being woollen, for a period which shall not exceed three months 6 imposition of handcuffs of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the 3state government 7 imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the 3state government 8 separate confinement for any period not exceeding 4three months explanation.separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hours exercise per diem and to have his meals in association with one or more other prisoners 9 penal diet,that is, restriction of diet in such manner and subject to such conditions regarding labour as may be prescribed by the state government : provided that such restriction of diet shall in no case be applied to a prisoner for more than ninetysix consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week 10 cellular confinement for any period not exceeding fourteen days : provided that after each period of cellular confinement an interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement. explanation.cellular confinement means such confinement with or without labour as entirely secludes a prisoner from communication with, but not from sight of, other prisoners 5 611 penal diet as defined in clause 9 combined with 7cellular confinement 8 612 whipping, provided that the number of stripes shall not exceed thirty : provided that nothing in this section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping. state amendment assam. amendment of section 46 of act 9 of .1 in section 46 of the principal act, clause 12 and the words or to whipping appearing in the proviso to the said section shall be omitted and a full stop shall be substituted for the comma appearing after the word fetter in the said proviso. 2 in section 46 of the principal act, add the following clauses after clause 11, namely: 12 forfeiture of class, grade, or prison privileges for a period not exceeding three months 13 permanent or temporary reduction from a higher to a lower class or grade. vide assam act 12 of , s. 2. orissa. amendment of section 46 act 9 of .in section 46 of the said act i in clause 4 for the words the remission system the words the remission or furlough system shall be substituted ii clause 5 shall be omitted. vide the orissa act 29 of , s. 3. orissa. amendment of section 46 act 9 of .in section 46 of the prisons act, 9 of , after clause 4 the following new clause shall be inserted, namely: 4a temporary forfeiture of class, grade or prisonprivileges or temporary or permanent reduction from a higher to a lower class or grade. vide the orissa act 23 of , s. 2 maharashtra. amendment of section 46 of act ix of .in section 46 of the said act, in clause 4, for the words the remission system the words the remission or furlough system shall be substituted. vide bombay act xxvii of , s. 3. 1. for rules issued with reference to clauses 4, 6 and 7 of section 46 see gazette of india, , pt. 1, p. . 2. added by act 17 of , s. 2. 3. subs. by the a. o. , for g. g. in c. 4. subs. by act 17 of , s. 2, for six. 5. clause 11 omitted by act 17 of , s. 2. 6. clauses 12 and 13 renumbered as clauses 11 and 12 respectively by s. 2, ibid. 7. subs. by s. 2, ibid., for solitary. 8. the words as defined in clause 11 omitted by s. 2, ibid.

section 45. of the prisons act : the following acts are declared to be prisonoffences when committed by a prisoner : 1 such wilful disobedience to any regulation of the prison as shall have been declared by rules made under section 59 to be a prisonoffence 2 any assault or use of criminal force 3 the use of insulting or threatening language 4 immoral or indecent or disorderly behaviour 5 wilfully disabling himself from labour 6 contumaciously refusing to work 7 filling, cutting, altering or removing handcuffs, fetters or bars without due authority 8 wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment 9 wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment 10 wilful damage to prisonproperty 11 tampering with or defacing historytickets, records or documents 12 receiving, possessing or transferring any prohibited article 13 feigning illness 14 wilfully bringing a false accusation against any officer or prisoner 15 omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prisonofficial and 16 conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

section 44. of the prisons act : the superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in english and the vernacular setting forth the acts prohibited under section 42 and the penalties incurred by their commission.

section 48. of the prisons act : 1 the superintendent shall have power to award any of the punishments enumerated in the two last foregoing sections, subject, in the case of separate confinement for a period exceeding one month, to the previous confirmation of the inspector general. 2 no officer subordinate to the superintendent shall have power to award any punishment whatever. state amendment orissa. insertion of new section 48a act 9 of .after section 48 of the said act, the following new section shall be inserted, namely: 48a. punishment for breach of conditions of suspension of sentence.if any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the superintendent may after obtaining his explanation, punish such offence by 1 a formal warning as provided in clause 1 of section 46 or 2 reduction in grade if such prisoner has been appointed as an officer of prison or 3 loss of privileges admissible under the remission or furlough system or 4 loss of such other privileges as the state government may, by a general or special order direct. vide the orissa act 29 of . s. 5. maharashtra. after section 48 of the said act, the following section shall be inserted, namely:insertion of section 48a in act ix of . 48a. punishment for breach of conditions of suspension of sentence, etc.if any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough was granted to him, he shall be deemed to have committed a prison offence and the superintendent may, after obtaining his explanation, punish such offence by 1 a formal warning as provided in clause 1 of section 46 2 reduction in grade if such prisoner has been appointed or furlough system or 3 loss of privileges admissible under the remission or furlough system or 4 loss of such other privileges as the state government may by a general or special order direct. vide bombay act xxvii of , s. 5

section 53. of the prisons act : 1 no punishment of whipping shall be inflicted in instalments, or except in the presence of the superintendent and medical officer or medical subordinate. 2 whipping shall be inflicted with a light ratan not less than half an inch in diameter on the buttocks, and in case of prisoners under the age of sixteen it shall be inflicted, in the way of school discipline, with a lighter ratan. state amendment assam. amendment of section 53 of act 9 of .section 53 of the principal act shall be omitted. vide assam act 12 of , s. 6.

section 52. of the prisons act : if any prisoner is guilty of any offence against prisondiscipline which, by reason of his having frequently committed such offences or otherwise, in the opinion of the superintendent, is not adequately punishable by the infliction of any punishment which he has power under this act to award, the superintendent may forward such prisoner to the court of the district magistrate or of any magistrate of the first class 1or presidency magistrate having jurisdiction, together with a statement of the circumstances, and such magistrate shall thereupon inquire into and try the charge so brought against the prisoner, and, upon conviction, may sentence him to imprisonment which may extend to one year, such term to be in addition to any term for which such prisoner was undergoing imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 : 2provided that any such case may be transferred for inquiry and trial by the district magistrate to any magistrate of the first class and by a chief presidency magistrate to any other presidency magistrate : and provided also that no person shall be punished twice for the same offence. 1 . ins. by act 13 of , s. 2. 2. subs. by s. 2, ibid., for the proviso.

section 60.. of the prisons act : 160.power of local government to make rules. rep. by the a. o. . 1. this section has been incorporated with slight modifications in clauses 8 to 27 of s. 59.

section 54. of the prisons act : 1 every jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prisonduty, or who shall be guilty of cowardice, shall be liable, on conviction before a magistrate, to fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both. 2 no person shall under this section be punished twice for the same offence.

section 55. of the prisons act : a prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prisonofficer belonging to such person, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.

section 62. of the prisons act : all or any of the powers and duties conferred and imposed by this act on a superintendent or medical officer may in his absence be exercised and performed by such other officer as the state government may appoint in this behalf either by name or by his official designation.

section 61. of the prisons act : copies of rules, under 1section 59 so far as they affect the government of prisons, shall be exhibited, both in english and in the vernacular, in some place to which all persons employed within a prison have access. 1. subs. by the a. o. , for sections 59 and 60.

section 56. of the prisons act : whenever the superintendent considers it necessary with reference either to the state of the prison or the character of the prisoners for the safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the inspector general with the sanction of the state government, so confine them.

section 57. of the prisons act : 1 prisoners under sentence of transportation may, subject to any rules made under section 159, be confined in fetters for the first three months after admission to prison. 2 should the superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the inspector general for sanction to their retention for the period for which he considers their retention necessary, and the inspector general may sanction such retention accordingly. 1. subs. by the a.o., for 60.

section 58. of the prisons act : no prisoner shall be put in irons or under mechanical restraint by the jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the superintendent.

section 59. of the prisons act : 11 2the state government may 3by notification in the official gazette make rules consistent with this act 1 defining the acts which shall constitute prisonoffences 2 determining the classification of prisonoffences into serious and minor offences 3 fixing the punishments admissible under this act which shall be awardable for commission of prisonoffences or classes thereof 4 declaring the circumstances in which acts constituting both a prisonoffence and an offence under the indian penal code 45 of may or may not be dealt with as a prisonoffence 5 for the award of marks and the shortening of sentences 6 regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape 7 defining the circumstances and regulating the conditions under which prisoners in danger of death may be released 48 for the classification of prisons, and description and construction of wards, cells and other places of detention 9 for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons 10 for the government of prisons and for the appointment of all officers appointed under this act 11 as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost 12 for the employment, instruction and control of convicts within or without prisons 13 for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited 14 for classifying and prescribing the forms of labour and regulating the periods of rest from labour 15 for regulating the disposal of the proceeds of the employment of prisoners 16 for regulating the confinement in fetters of prisoners sentenced to transportation 17 for the classification and the separation of prisoners 18 for regulating the confinement of convicted criminal prisoners under section 28 19 for the preparation and maintenance of historytickets 20 for the selection and appointment of prisoners as officers of prisons 21 for rewards for good conduct 22 for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the state government of any other state to which a prisoner is to be transferred 23 for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons 24 for regulating the transmission of appeals and petitions from prisoners and their communications with their friends 25 for the appointment and guidance of visitors of prisons 26 for extending any or all of the provisions of this act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the 5code of criminal procedure, 10 of , and to the officers employed, and the prisoners confined, therein 27 in regard to the admission, custody, employment, dieting, treatment and release of prisoners and 28 generally for carrying into effect the purposes of this act. 62 every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature. state amendments orissa. amendment of section 59 act 9 of .in section 59 of the said act, for clause 5 the following clause shall be substitute, namely: 5 for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence. vide the orissa act 29 of , s.6 maharashtra. amendment of section 59 of act ix of .in section 59 of the said act, for clause 5, the following clause shall be substituted, namely: 5 for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence. vide bombay act xxvii of , s. 6 1. section 59 renumbered as subsection 1 by the act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by the a.o. , for the g.g. in c. may for any part of british india, and each l.g. with the previous sanction of the g.g in c. may for the territories under its administration. 3. ins. by act 4 of , s. 2 and the schedule w.e.f. . 4. subs. by the a.o. , for clauses 8 and 9. 5. see now the code of criminal procedure, act 2 of . 6. ins. by act 4 of s. 2 and the schedule w.e.f. .

section 8. of the births deaths and marriages registration act : subject to the payment of the prescribed fees the indexes so made shall be at all reasonable time open to inspection by any person applying to inspect them, and copies of entries in the certified copies of the registers to which the indexes relate shall be given to all persons applying for them.

section 9. of the births deaths and marriages registration act : a copy of an entry given under the last foregoing section shall be certified by the registrar general of births, deaths and marriages, or by an officer authorised in this behalf by the state government and shall be admissible in evidence for the purpose of proving the birth, death or marriage to which the entry relates.

section 3. of the births deaths and marriages registration act : in this act, unless there is something repugnant in the subject or context,sign includes mark, when the person making the mark is unable to write his name prescribed means prescribed by a rule made 1 under this act and registrar of births and deaths means a registrar of births and deaths appointed under this act. 1. the words by the g.g. in c. rep. by the a.o. .

section 7. of the births deaths and marriages registration act : each registrar general of births, deaths and marriages shall cause indexes of all the certified copies of registers sent to his office under this act, or under act 3 of the indian christian marriage act, 15 of , or the parsi marriage and divorce act, 15 of , as amended by this act, to be made and kept in his office in the prescribed form. 1. see now the special marriage act, 43 of . 2. see now the parsi marriage and divorce act, 3 of .

section 5.powers exercisable from time to time of the births deaths and marriages registration act : all powers conferred by this act may be exercised from time to time as occasion requires.

section 1. of the births deaths and marriages registration act : 1 this act may be called the births, deaths and marriages registration act, and 2 it shall come into force on such day1as the central government, by notification in the official gazette, directs. 2 1. the 1st october, , see gazette of india, , part i, p. 336. 2. subsection 3 rep. by act 12 of , s. 2 and the first schedule.

section 10. of the births deaths and marriages registration act : each registrar general of births, deaths and marriages shall exercise a general superintendence over the registrars of births and deaths in the territories for which he is appointed.

section 4. of the births deaths and marriages registration act : nothing in this act, or in any rule made under this act, shall affect any law heretofore or hereafter passed providing for the registration of births and deaths within particular local areas.

section 6. of the births deaths and marriages registration act : 1 each state government a shall establish a general registry office for keeping such certified copies of registers of births and deaths registered under this act, or marriages registered under act 3 of to provide a form of marriage in certain cases or the indian christian marriage act, 15 of , or, beyond the local limits of the ordinary original civil jurisdiction of the high court of judicature at bombay, under the parsi marriage and divorce act, 15 of , as may be sent to it under this act, or under any of the three lastmentioned acts, as amended by this act and b may appoint to the charge of that office an officer, to be called the registrar general of births, deaths and marriages, for the territories under its administration: 3 1. see now the special marriage act, 43 of . 2. see now the parsi marriage and divorce act, 3 of . 3. subsection 2 rep. by the a.o. .

section 17. of the births deaths and marriages registration act : 1 when any registrar of births and deaths to whom the state government may direct this section to apply1 , not being a registrar of births and deaths for a local area in the town of calcutta, madras or bombay is absent, or when his office is temporarily vacant, any person whom the registrar general of births, deaths and marriages appoints in this behalf, or, in default of such appointment the judge of the district court within the local limits of whose jurisdiction the registrars office is situate, or such other officer as the state government appoints in this behalf, shall be the registrar of births and deaths during such absence or until the state government fills the vacancy. 2 when any such registrar of births and deaths for a local area in the town of calcutta, madras or bombay is absent, or when his office is temporarily vacant, any person whom the registrar general of births, deaths and marriages appoints in this behalf shall be the registrar of births and deaths during such absence or until the state government fills the vacancy. 3 the registrar general of births, deaths and marriages shall report to the state government all appointments made by him under this section. 1. the section has been declared by the government of madras to apply to all registrars appointed by that government under section 12, see mad. r. and o.

section 14. of the births deaths and marriages registration act : every registrar of births and deaths shall be deemed to be a public servant within the meaning of the indian penal code 45 of .

section 18. of the births deaths and marriages registration act : the state government shall every registrar of births and deaths with a sufficient number of register books of births and of register books of deaths, and shall make suitable provision for the preservation of the records connected with the registration of births and deaths.

section 16. of the births deaths and marriages registration act : 1 every registrar of births and deaths shall have an office in the local area, or within the part of the territories or dominions for which he is appointed. 2 every registrar of births and deaths to whom the state government may direct this subsection to apply shall attend at his office for the purpose of registering births and deaths on such days and at such hours as the registrar general of births, deaths and marriages may direct, and shall cause to be placed in some conspicuous place on or near the outer door of his office his name, with the addition of registrar of births and deaths for the local area or class for which he is appointed, and the days and hours of his attendance.

section 19.duty of registrar to register births and deaths of which notice is given of the births deaths and marriages registration act : every registrar of births and deaths of notice of a birth or death within the local area or among the class for which he is appointed, shall, if the notice is given within the prescribed time and in the prescribed mode by a person authorized by this act to give the notice, forthwith make an entry of the birth or death in the proper register book: provided that a if he has reason to believe the notice to be in any respect false, he may refuse to register the birth or death until he receives an order from the judge of the district court directing him to make the entry and prescribing the manner in which the entry is to be made and b he shall not enter in the register the name of any person as father of an illegitimate child, unless at the request of the mother and of the person acknowledging himself to be the father of the child.

section 12. of the births deaths and marriages registration act : the state government may appoint, either by name or by virtue of their office, so many persons as it thinks necessary to be registrars of births and deaths for such local areas within the territories under its administration as it may define and, if it sees fit, for any class of persons within any part of those territories.

section 11. of the births deaths and marriages registration act : 1 the persons whose births and deaths shall, in the first instance, be registrable under this chapter are the following, namely: a in 1 the territories to which this act extends the members of every race, sect or tribe to which the indian succession act, 10 of applies, and in respect of which an order under section 332 of that act is not for the time being in force, and all persons professing the christian religion 3 2 but the state government by notification in the official gazette, may 4 extend the operation of this chapter to any other class of persons either generally or in any local area. 1. subs. by the adaptation of laws no. 2, order , for a part a state or a part c state. 2. see now the indian succession act, 39 of , s. 3. 3. clause b omitted by the a.o. . 4. the words with the previous approval of the g. g. in c., omitted by the act 38 of , s. 2 and the first schedule.

section 13.. of the births deaths and marriages registration act : power for central government to appoint registrars for indian states. omitted. by the a.o. .

section 15.. of the births deaths and marriages registration act : power to remove registrars.rep. by the a.o. .

section 20. of the births deaths and marriages registration act : any of the following persons may give notice of a birth, namely: a the father or mother of the child b any person present at the birth c any person occupying, at the time of the birth, any part of the house wherein the child was born and having knowledge of the child having been born in the house d any medical practitioner in attendance after the birth and having personal knowledge of birth occurred e any person having charge of the child.

section 27. penalty for willfully giving false information of the births deaths and marriages registration act : if any person willfully makes, or causes to be made, for the purpose of being inserted in any register of births or deaths, any false statement in connection with any notice of a birth or death under this act, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

section 22. of the births deaths and marriages registration act : 1 when an entry of a birth or death has been made by the registrar of births and deaths under section 19, the person giving notice of the birth or death must sign the entry in the register in the presence of the registrar: 1provided that it shall not be necessary for the person giving notice to attend before the registrar or to sign the entry in the register if he has given such notice in writing and has furnished to the satisfaction of the registrar such evidence of his identity as may be required by any rules made by the state government in this behalf. 2 until the entry has been so signed, 2or the conditions specified in the proviso to subsection 1 have been complied with the birth or death shall not be deemed to be registered under this act. 3 when the birth of an illegitimate child is registered, and the mother and the person acknowledging himself to be the father of the child jointly request that person may be registered as the father, the mother and that person must both sign the entry in the register in the presence of the registrar. 1. ins. by act 9 of , s. 2. 2. ins. by act 9 of , s. 2

section 29.. of the births deaths and marriages registration act : addition of new section after section 13, act 3 of . rep. by the repealing act, 1 of , s. 2 and the schedule.

section 28. of the births deaths and marriages registration act : 1 if it is proved to the satisfaction of a registrar of births and deaths that any entry of a birth or death in any register kept by him under this act is erroneous in form or substance, he may, subject to such rules1 as may be made by the 2state government with respect to the conditions and circumstances on and in which errors may be corrected, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction. 2 if a certified copy of the entry has already been sent to the registrar general of births, deaths and marriages, the registrar of births and deaths shall make and send a separate certified copy of the original erroneous entry and of the marginal correction therein made. 1. for rules made under section 26 conjointly with sections 28 and 36, see gazette of india, , part. i, p. 336 and different local rules and orders. all rules made by the g.g. in c. under this act, before , shall be deemed to have been made by the state government, see section 6 of act 9 of . 2. subs. by act 9 of , s. 3 for g.g. in c..

section 26. of the births deaths and marriages registration act : notwithstanding anything in section 19, the 1 state government may make rules2 authorising registrars of births and deaths, on conditions and in circumstances to be specified in the rules, to register births and deaths occurring outside the local areas or classes for which they are appointed. 1. subs. by act 9 of , s. 3 for g.g. in c.. 2. for rules made under section 26 conjointly with sections 28 and 36, see gazette of india, , part. i, p. 336, and different local rules and orders. all rules made by the g.g. in c. under this act, before , shall be deemed to have been made by the state governments, see section 6 of act 9 of .

section 21. of the births deaths and marriages registration act : any of the following persons may give notice of a death, namely: a any relative of the deceased having knowledge of any of the particulars required to be registered concerning the death b any person present at the death c any person occupying, at the time of the death, any part of the house wherein the death occurred and having knowledge of the deceased having died in the house d any person in attendance during the last illness of the deceased: e any person who has seen the body of the deceased after death.

section 23. of the births deaths and marriages registration act : the registrar of births and deaths shall, on application made at the time of registering any birth or death by the person giving notice of the birth or death, and on payment by him of the prescribed fee, give to the applicant a certificate in the prescribed form signed by the registrar, of having registered the birth or death.

section 24. of the births deaths and marriages registration act : 1 every registrar of birth and deaths in 1 the territories to which this act extends shall send to the registrar general of birth, deaths and marriages for the territories within which the local area or class for which he is appointed is situate or resides, at the prescribed intervals, a true copy certified by him, in the prescribed form, of all the entries of births and deaths in the register book kept by him since the last of those intervals: provided that in the case registrars of births and deaths who are clergymen of the churches of england, rome and scotland the registrar may, if so directed by his ecclesiastical superior, send the certified copies in the first instance to that superior, who shall send them to the proper registrar general of births, deaths and marriages. in this subsection church of england and church of scotland means the church of england and the church of scotland as by law established respectively and church of rome means the church which regards the pope of rome as its spiritual head. 2 3 1. subs. by the adaptation of laws no. 2, order , for part a states or part c states. 2 subsection 2 omitted by the a.o. . 3. the proviso rep. by the a.o. .

section 25. of the births deaths and marriages registration act : 1 every registrar of births and deaths shall, on payment of the prescribed fees, at all reasonable times, allow searches to be made in the register books kept by him, and give a copy of any entry in the same. 2 every copy of an entry in a register book given under this section shall be certified by the registrar of births and deaths, and shall be admissible in evidence for the purpose of proving the birth or death to which the entry relates.

section 35a. of the births deaths and marriages registration act : 1 35a. constitution of additional commissions for purposes of this chapter.1 2 the state government 3 may by notification in the official gazette appoint more commissions4 than one for the purposes of section 33, each such commission consisting of so many and such members, and having its functions restricted to the disposal, under this act and the rules there under, of such registers and records sent under section 32 to the registrar general, as may be specified in the notification. 2 if more commissions than one are appointed in exercise of the power conferred by subsection 1, then references in this act to the commissioners shall be construed as references to the members constituting a commission so appointed. 1. section 35a was added by the births, death and marriages registration act, amendment act, 16 of , s. 2, which was repealed by the devolution act, 38 of , s. 3 and the second schedule. the present subsection 1 was subs. for the original subsection by the devolution act, 38 of , s. 2 and the first schedule, and subsection 2, was inserted by the repealing and amending act, 24 of , s. 2 and the first schedule. 2. the words the central government or omitted by the a.o. . 3. subs. by the a.o. , for if he or it thinks fit, may by notification in the gazette of india or the local official gazette, as the case may be. 4. for commissioners appointed under this section, see gazette of india, , pt. i, p. 744.

section 36. of the births deaths and marriages registration act : 136. rules.21 the state government, for each state 3 may make rules to carry out the purpose of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may. a fix the fees payable under this act b prescribe the forms required for the purposes of this act c prescribe the time within which, and the mode in which, persons authorised under this act to give notice of a birth or death to a registrar of births and deaths must give the notice d prescribe the evidence of identity to be furnished to a registrar of birth and deaths by persons giving notice of a birth or death in cases where personal attendance before such registrar is dispensed with e prescribe the registers to be kept and the form and manner in which registrars of births and deaths are to register births and deaths under this act, and the intervals at which they are to send to the registrar general of births, deaths and marriages true copies of the entries of births and deaths in the registers kept by them f prescribe the conditions and circumstances on and in which registers of births and deaths may correct entries of births and deaths in registers kept by them g prescribe the particulars which the descriptive list or lists to be prepared by the commissioner appointed under chapter v are to contain, and the manner in which they are to refer to the registers or records, or portions of registers or records, to which they relates and h prescribe the custody in which those registers or records are to kept. 3 every power to make rules conferred by this act is subject to the condition of the rules being made after previous publication. 4 all rules made under this act shall be published in the official gazette and on such publication shall have effect as if enacted in this act. 1. subs. by act 9 of , s. 4, for section 36. 2. subs. by the a.o. , for subsection 1. 3. the words and the central government for british subjects in indian states omitted by the a.o. .

section 30.. of the births deaths and marriages registration act : amendment of the indian christian marriage act, . rep. by s. 2 and the schedule, ibid.

section 35. of the births deaths and marriages registration act : 1 subject to the payment of the prescribed fees, the descriptive list or lists of registers or records, or portions of registers or records, delivered by the commissioners to the registrar general of births, deaths and marriages shall be, at all reasonable times, open to inspection by any person applying to inspect it or them, and copies of entries in those registers or records shall be given to all persons applying for them. 2 a copy of an entry given under this section shall be certified by the registrar general of births,deaths and marriages, or by an officer or person authorised in this behalf by the state government and shall be admissible in evidence for the purpose of proving the birth, baptism, naming, dedication, death, burial or marriage to which the entry relates.

section 31.. of the births deaths and marriages registration act : addition of new section after section 8 of the parsi marriage and divorce act, . rep. by s. 2 and the schedule, ibid.

section 32. of the births deaths and marriages registration act : if any person in 1the territories to which this act extends has for the time being the custody of any register or record of birth, baptism, naming, dedication, death or burial of any persons of the classes referred to in section 11, subsection 1, or, of any register or record of marriage of any persons of the classes to which act iii of or the indian christian marriage act, 15 of or the parsi marriage and divorce act, 15 of applies, and if such register or record has been made otherwise than in performance of a duly specially enjoined by the law of the country in which the register or record was kept, he may, 2 at any time before the first day april, , send the register or record to the office of the registrar general or births, deaths and marriages for the territories within which he resides, 3 . 1. subs. by the adaptation of laws no. 2, order , for a part a state or a part c state. 2. subs. by act 16 of , s. 1, for within one year from the date on which this act comes into force. 3. certain words including the proviso which was inserted by act 38 of , s. 2 and the schedule, omitted by the a.o. .

section 37.. of the births deaths and marriages registration act : procedure for making and publication of rules. rep. by the births, deaths and marriages registration amendment act, 9 of s. 5.

section 33. of the births deaths and marriages registration act : 1 1 any state government in the case of registers or records sent under section 32 to the registrar general for the territories under its administration, 2 may appoint so many persons as it 3 thinks fit to be commissioner for examining such registers or records. 2 the commissioners so appointed shall hold office for such period as the 4 authority appointing them, by the order of appointment, or any subsequent order, directs. 1. subs. by act 38 of , s. 2 and the first schedule, for subsection 1. 2. certain words omitted by the a.o. . 3. the words or he, as the case may be, rep. by the a.o. . 4. subs. by act 38 of , s. 2 and sch. 1, for g.g. in c.

section 34. of the births deaths and marriages registration act : 1 the commissioners appointed under the last foregoing section shall enquire into the state, custody and authenticity of every such register or record as may be sent to the registrar general of births, deaths and marriages under section 32 and shall deliver to the registrar general a descriptive list or descriptive lists of all such registers or records, or portions of registers or records, as they find to be accurate and faithful. 2 the list or lists shall contain the prescribed particulars and refer to the registers or records, or to the portions of the registers or records, in me prescribed manner. 3 the commissioners, shall also certify in writing, upon some part of every separate book or volume containing any such register or record, or portion of a register or record, as is referred to in any list or lists made by the commissioners, that it is one of the registers or records, or portions of registers or records, referred to in the said list or lists.

section 8. of the sale of goods act : where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish or become so damaged as no longer to answer to their description in the agreement before the risk passes to the buyer, the agreement is thereby avoided.

section 1. of the sale of goods act : 1 this act may be called the 1 sale of goods act, . 22 it extends to the whole of india 3. 3 it shall come into force on the 1st day of july, . 1. the word indian omitted by act 33 of , s. 2 w.e.f. . 2. subs. by the a.o. , for subsection 2. 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 4. of the sale of goods act : 1 a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. there may be a contract of sale between one partowner and another. 2 a contract of sale may be absolute or conditional. 3 where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. 4 an agreement to, sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.

section 7. of the sale of goods act : where there is a contract for the sale of specific goods, the contract is void if the goods without the knowledge of the seller have, at the time when the contract was made, perished or become so damaged as no longer to answer to their description in the contract.

section 5. of the sale of goods act : 1 a contract of sale is made by an offer to buy or sell goods for a price and the acceptance of such offer. the contract may provide for the immediate delivery of the goods or immediate payment of the price or both, or for the delivery or payment by instalments, or that the delivery or payment or both shall be postponed. 2 subject to the provisions of any law for the time being in force, a contract of sale may be made in writing or by word of mouth, or partly in writing and partly by word of mouth or may be implied from the conduct of the parties.

section 9. of the sale of goods act : 1 the price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties. 2 where the price is not determined in accordance with the foregoing provisions, the buyer shall pay the seller a reasonable price. what is a reasonable price is a question of fact dependent on the circumstances of each particular case.

section 3. of the sale of goods act : the unrepealed provisions of the indian contract act, , save in so far as they are inconsistent with the express provisions of this act, shall continue to apply to contracts for the sale of goods.

section 10. of the sale of goods act : 1 where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and such third party cannot or does not make such valuation, the agreement is thereby avoided: provided that, if the goods or any part thereof have been delivered to, and appropriated by, the buyer, he shall pay a reasonable price therefor. 2 where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain a suit for damages against the party in fault

section 6. of the sale of goods act : 1 the goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or future goods. 2 there may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen. 3 where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.

section 12. of the sale of goods act : 1 a stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty. 2 a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. 3 a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. 4 whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. a stipulation may be a condition, though called a warranty in the contract.

section 15. of the sale of goods act : where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description and, if the sale is by sample as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

section 2. of the sale of goods act : in this act, unless there is anything repugnant in the subject or context, 1 buyer means a person who buys or agrees to buy goods 2 delivery means voluntary transfer of possession from one person to another 3 goods are said to be in a deliverable state when they are in such state that the buyer would under the contract be bound to take delivery of them 4 document of title to goods includes a bill of lading, dockwarrant, warehouse keepers certificate, wharfingers certificate, railway receipt, 1multimodal transport document, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented 5 fault means wrongful act or default 6 future goods means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale 7 goods means every kind of moveable property other than actionable claims and money and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale 8 a person is said to be insolvent who has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of insolvency or not 9 mercantile agent means a mercantile agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods 10 price means the money consideration for a sale of goods 11 property means the general property in goods, and not merely a special property 12 quality of goods includes their state or condition 13 seller means a person who sells or agrees to sell goods 14 specific goods means goods identified and agreed upon at the time a contract of sale is made and 15 expressions used but not defined in this act and defined in the indian contract act, 9 of , have the meaning assigned to them in that act. 1. ins. by act 28 of , s. 31 and the schedule, part iii.

section 11. of the sale of goods act : unless a different intention appears from the terms of the contract, stipulations as to time of payment arc not deemed to be of the essence of a contract of sale. whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.

section 13. of the sale of goods act : 1 where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. 2 where a contract of sale is not severable and the buyer has accepted the goods or part thereof, 1 the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as .repudiated, unless there is a term of the contract, express or implied, to that effect. 3 nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise. 1. the words or where the contract is for specific goods the property in which has passed to the buyer, omitted by act 33 of , s. 3 w.e.f. .

section 14. of the sale of goods act : in a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is a an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass b an implied warranty that the buyer shall have and enjoy quiet possession of the goods c an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.

section 16. of the sale of goods act : subject to the provisions of this act and of any other law for the time being in force, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows: 1 where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellers skill or judgment, and the goods are of a description which it is in the course of the sellers business to supply whether he is the manufacturer or producer or not, there is an implied condition that the goods shall be reasonably fit for such purpose: provided that, in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose. 2 where goods are bought by description from a seller who deals in goods of that description whether he is the manufacturer or producer or not, there is an implied condition that the goods shall be of merchantable quality: provided that, if the buyer has examined the goods, there shall be no implied condition as regards defects which such examination ought to have revealed. 3 an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. 4 an express warranty or condition does not negative a warranty or condition implied by this act unless inconsistent therewith.

section 17. of the sale of goods act : 1 a contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. 2 in the case of a contract for sale by sample there is an implied condition a that the bulk shall correspond with the sample in quality b that the buyer shall have a reasonable opportunity of comparing the bulk with the sample c that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.

section 23. of the sale of goods act : 1 where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. such assent may be express or implied, and may by given either before or after the appropriation is made. delivery to carrier.2 where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee whether named by the buyer or not for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.

section 18. of the sale of goods act : where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.

section 19. of the sale of goods act : 1 where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to he transferred. 2 for the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. 3 unless a different intention appears, the rules contained in sections 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.

section 24. of the sale of goods act : when goods are delivered to the buyer on approval or on sale or return or other similar terms, the property therein passes to the buyer a when he signifies his approval or acceptance to the seller or does any other act adopting the transaction b if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.

section 20. of the sale of goods act : where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment of the price or the time of delivery of the goods, or both, is postponed.

section 21. of the sale of goods act : where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until such thing is done and the buyer has notice thereof.

section 22. of the sale of goods act : where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing is done and the buyer has notice thereof.

section 25. of the sale of goods act : 1 where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. in such case, notwithstanding the delivery of the goods to a buyer or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. 12 where goods are shipped or delivered to a railway administration for carriage by railway and by the bill of lading or railway receipt, as the case may be, the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal. 3 where the seller of goods draws on the buyer for the price and transmits to the buyer the bill of exchange together with the bill of lading or, as the case may be, the railway receipt, to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading or the railway receipt if he does not honour the bill of exchange and, if he wrongfully retains the bill of lading or the railway receipt, the property in the goods does not pass to him. explanation. in this section, the expressions railway and railway administration shall have the meanings respectively assigned to them under the indian railways act, 9 of . 1. subs by act 33 of , s. 4, for subsections 2 and 3 w.e.f. .

section 27. of the sale of goods act : subject to the provisions of this act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the sellers authority to sell: provided that, where a mercantile agent is, with the consent of the owner, in possession of the goods or of a document of title to the goods, any sale made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same provided that the buyer acts in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell.

section 32. of the sale of goods act : unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.

section 26. of the sale of goods act : unless otherwise agreed, the goods remain at the sellers risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyers risk whether delivery has been made or not: provided that, where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.

section 28. of the sale of goods act : if one of several joint owners of goods has the sole possession of them by permission of the coowners, the property in the goods is transferred to any person who buys them of such joint owner in good faith and has not at the time of the contract of sale notice that the seller has not authority to sell.

section 29. of the sale of goods act : when the seller of goods has obtained possession thereof under a contract voidable under section 19 or section 19a of the indian contract act, 9 of , but the contract has not been rescinded at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the sellers defect of title.

section 30. of the sale of goods act : 1 where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of the previous sale shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same. 2 where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods shall have effect as if such lien or right did not exist.

section 31. of the sale of goods act : it is the duty to the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.

section 33. of the sale of goods act : delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorised to hold them on his behalf.

section 34. of the sale of goods act : a delivery of part of goods, in progress of the delivery of the whole, has the same effect, for the purpose of passing the property in such goods, as a delivery of the whole but a delivery of part of the goods, with an intention of severing it from the whole, does not operate as a delivery of the remainder.

section 40. of the sale of goods act : where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer shall, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit.

section 35. of the sale of goods act : apart from any express contract, the seller of goods is not bound to delivery them until the buyer applies for delivery.

section 41. of the sale of goods act : 1 where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 2 unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

section 36. of the sale of goods act : 1 whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. apart from any such contract, goods sold are to be delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell, or, if not then in existence, at the place at which they are manufactured or produced. 2 where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. 3 where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. 4 demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. what is a reasonable hour is a question of fact. 5 unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller.

section 37. of the sale of goods act : 1 where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but it the buyer accepts the goods so delivered he shall pay for them at the contract rate. 2 where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. if the buyer accepts the whole of the goods so delivered, he shall pay for them at the contract rate. 3 where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole. 4 the provisions of this section are subject to any usage of trade, special agreement or course of dealing between the parties.

section 38. of the sale of goods act : 1 unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments. 2 where there is a contract for the sale of goods to be delivered by stated instalments which are to be separately paid for, and the seller makes no delivery or defective delivery in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated.

section 39. of the sale of goods act : 1 where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for safe custody, is prima facie deemed to be a delivery of the goods to the buyer. 2 unless otherwise authorised by the buyer, the seller shall make such contract with the carrier or wharfinger on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. if the seller omits so to do, and the goods are lost or damaged in course of transit or whilst in the custody of the wharfinger, the buyer may decline to treat the delivery to the carrier or wharfinger as a delivery to himself, or may hold the seller responsible in damages. 3 unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, in curcumstances in which it is usual to insure, the seller shall give such notice to the buyer as may enable him to insure them during their sea transit, and if the seller fails so to do, the goods shall be deemed to be at his risk during such sea transit.

section 45. of the sale of goods act : 1 the seller of goods is deemed to be an unpaid seller within the meaning of this act a when the whole of the price has not been paid or tendered b when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. 2 in this chapter, the term seller includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price.

section 42. of the sale of goods act : the buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.

section 43. of the sale of goods act : unless otherwise agreed, where goods are delivered to the buyer and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

section 44. of the sale of goods act : when the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods: provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.

section 46. of the sale of goods act : 1 subject to the provisions of this act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law a a lien on the goods for the price while he is in possession of them b in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them c a right of resale as limited by this act. 2 where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transit where the property has passed to the buyer.

section 47. of the sale of goods act : 1 subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: a where the goods have been sold without any stipulation as to credit b where the goods have been sold on credit, but the term of credit has expired c where the buyer becomes insolvent. 2 the seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.

section 48. of the sale of goods act : where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien.

section 53. of the sale of goods act : 1 subject to the provisions of this act, the unpaid sellers right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: provided that where a document of title to goods has been issued or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for consideration, then, if such last mentioned transfer was by way a sale, the unpaid sellers right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid sellers right of lien or stoppage is transit can only be exercised subject to the rights of the transferee. 2 where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or securities of the buyer in the hands of the pledgee and available against the buyer.

section 49. of the sale of goods act : 1 the unpaid seller of goods loses his lien thereon a when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods b when the buyer or his agent lawfully obtains possession of the goods c by waiver thereof. 2 the unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods.

section 50. of the sale of goods act : subject to the provisions of this act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.

section 51. of the sale of goods act : 1 goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee. 2 if the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end. 3 if, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent, the transit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer. 4 if the goods are rejected by the buyer and the carrier or other bailee continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back. 5 when goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer. 6 where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf, the transit is deemed to be at an end. 7 where part delivery of the goods has been made to the buyer or his agent in that behalf, the remainder of the goods may be stopped in transit, unless such part delivery has been given in such circumstances as to show an agreement to give up possession of the whole of the goods.

section 52. of the sale of goods act : 1 the unpaid sellermay exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. such notice may be given either to the person in actual possession of the goods or to his principal. in the latter case the notice, to be effectual, shall be given at such time and in such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer. 2 when notice of stoppage in transit is given by the seller to the carrier or other bailee in possession of the goods, he shall redeliver the goods to, or according to the directions of, the seller. the expenses of such redelivery shall be borne by the seller.

section 54. of the sale of goods act : 1 subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. 2 where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to resell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, resell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the resale. if such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the resale. 3 where an unpaid seller who has exercised his right of lien or stoppage in transit resells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the resale has been given to the original buyer. 4 where the seller expressly reserves a right of resale in case the buyer should make default, and, on the buyer making default, resells the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim which the seller may have for damages.

section 55. of the sale of goods act : 1 where under a contract of sale the property in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. 2 where under a contract of sale the price is payable on a day certain irrespective of delivery and the buyer wrongfully neglects or refuses to pay such pirce, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract.

section 58. of the sale of goods act : subject to the provisions of chapter ii of the specific relief act, 1 of , in any suit for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. the decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the court may deem just, and the application of the plaintiff may be made at any time before the decree.

section 56. of the sale of goods act : where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for nonacceptance.

section 57. of the sale of goods act : where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for nondelivery.

section 59. of the sale of goods act : 1 where there is a breach of warranty by file seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods but he may a set up against the seller the breach of warranty in diminution or extinction of the price or b sue the seller for damages for breach of warranty. 2 the fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

section 61. of the sale of goods act : 1 nothing in this act shall affect the right of the seller or the buyer to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover the money paid where the consideration for the payment of it has failed. 2 in the absence of a contract to the contrary, the court may award interest at such rate as it thinks fit on the amount of the price a to the seller in a suit by him for the amount of the price from the date of the tender of the goods or from the date on which the price was payable b to the buyer in a suit by him for the refund of the price in a case of a breach of the contract on the part of the sellerfrom the date on which the payment was made.

section 60. of the sale of goods act : where either party to a contract of sale repudiates the contract before the date of delivery, the other may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.

section 62. of the sale of goods act : where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract.

section 65.. of the sale of goods act : repeal. rep. by the repealing act, 1 of , s. 2 nd sch.

section 64. of the sale of goods act : in the case of a sale by auction 1 where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale 2 the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner and, until such announcement is made, any bidder may retract his bid 3 a right to bid may be reserved expressely by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction 4 where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person and any sale contravening this rule may be treated as fraudulent by the buyer 5 the sale may be notified to be subject to a reserved or upset, price 6 if the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.

section 63. of the sale of goods act : where in this act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.

section 66. of the sale of goods act : 1 nothing in this act or in any repeal effected thereby shall affect or be deemed to affect a any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or b any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability, or c anything done or suffered before the commencement of this act, or d any enactment relating to the sale of goods which is not expressly repealed by this act, or e any rule of law not inconsistent with this act. 2 the rules of insolvency relating to contracts for the sale of goods shall continue to apply thereto, notwithstanding anything contained in this act. 3 the provisions of this act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security.

section 64a. of the sale of goods act : 164a. in contracts of sale, amount of increased or decreased taxes to be added or deducted.1 unless a different intention appears from the terms of the contract, in the event of any tax of the nature described in subsection 2 being imposed, increased, decreased or remitted in respect of any goods after the making of any contract for the sale or purchase of such goods without stipulation as to the payment of tax where tax was not chargeable at the time of the making of the contract, or for the sale or purchase of such goods taxpaid where tax was chargeable at that time, a if such imposition or increase so takes effect that the tax or increased tax, as the case may be, or any part of such tax is paid or is payable, the seller may add so much to the contract price as will be equivalent to the amount paid or payable in respect of such tax or increase of tax, and he shall be entitled to be paid and to sue for and recover such addition and b if such decrease or remission so takes effect that the decreased tax only, or no tax, as the case may be, is paid or is payable, the buyer may deduct so much from the contract price as will be equivalent to the decrease of tax or remitted tax, and he shall not be liable to pay, or be sued for, or in respect of, such deduction. 2 the provisions of subsection 1 apply to the following taxes, namely: a any duty of customs or excise on goods b any tax on the sale or purchase of goods. 1. subs. by act 33 of , s. 5, for section 64a w.e.f. . earlier it was inserted by act 41 of , s 2.

section 8. of the airports authority of india act : 1 the authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of the business at its meetings including the quorum at such meetings as may be provided by regulations. 2 the chairperson, or, if for any reason he is unable to attend any meeting of the authority, any other member chosen by the members present at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the chairperson, or in his absence, the person presiding, shall have and exercise a second or casting vote.

section 1. of the airports authority of india act : show related subordinates 11. short title, commencement and application.1 this act may be called the airports authority of india act, . 2 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 3 it applies to a all airports whereat air transport services are operated or are intended to be operated, other than airports and airfields belonging to, or subject to the control of, any armed force of the union 3aa all private airports insofar as it relates to providing air traffic service, to issue directions under section 37 to them and for the purposes of chapter va b all civil enclaves c all aeronautical communication stations and d all training stations, establishments and workshops relating to air transport services. 1. ins. by act of 43 of , s. 2 w.e.f. . 2.1st april, , vide notification no. s.o. 285e, dated 30th march, , see gazette of india, extraordinary, part ii, sec. 3ii. 3. ins. by act 43 of , s. 3 w.e.f. .

section 7. of the airports authority of india act : any person ceasing to be a member shall, unless disqualified under section 4, be eligible for reappointment.

section 2. of the airports authority of india act : in this act, unless the context otherwise requires, a aeronautical communication station means a station in the aeronautical communication service which includes aeronautical practising service, aeronautical fixed service, aeronautical mobile service and aeronautical radio communication service b airport means a landing and taking off area for aircrafts, usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause 2 of section 2 of the aircraft act, 22 of c airstrip means an area used or intended to be used for the landing and takeoff of aircrafts with short takeoff and landing characteristics and includes all buildings and structures thereon or appertaining thereto d air traffic service includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and airport control service e air transport service means any service, for any kind of remuneration, whatsoever, for the transport by air of persons, mail or any other thing, animate or inanimate, whether such service relates to a single flight or series of flights f appointed day means such date as the central government may, by notification in the official gazette, appoint for the purposes of section 3 g authority means the airports authority of india constituted under section 3 h chairperson means the chairperson of the authority appointed under clause a of subsection 3 of section 3 i civil enclave means the area, if any, allotted at an airport belonging to any armed force of the union, for use by persons availing of any air transport services from such airport or for the handling of baggage or cargo by such service, and includes land comprising of any building and structure on such area j heliport means an area, either at ground level or elevated on a structure, used or intended to be used for the landing and takeoff helicopters and includes any area for parking helicopters and all buildings and structures thereon or appertaining thereto k international airports authority means the international airports authority of india constituted under section 3 of the international airports authority act, 43 of l member means a member of the authority and includes the chairperson, but does not include, for the purposes of sections 4, 5, 6 and 7, an ex officio member referred to in clause b of subsection 3 of section 3 m national airports authority means the national airports authority constituted under section 3 of the national airports authority act, 64 of n prescribed means prescribed by rules made under this act 1nn private airport means an airport owned, developed or managed by i any person or agency other than the authority or any state government, or ii any person or agency jointly with the authority or any state government or both where the share of such person or agency, as the case may be, in the assets of the private airport is more than fifty per cent. o regulations means regulations made under this act. 1. ins. by act of 43 of , s. 4 w.e.f. .

section 9., not to invalidate proceedings of the authority. of the airports authority of india act : no act or proceeding of the authority shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case

section 4. of the airports authority of india act : a person shall be disqualified for being appointed as a member if he a has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government or e has in the opinion of the central government such financial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member.

section 3. of the airports authority of india act : 1 with effect from the appointed day, the central government shall, by notification in the official gazette, constitute an authority to be called the airports authority of india. 2 the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the authority shall consist of a a chairperson to be appointed by the central government b the director general of civil aviation, or an officer not below the rank of the deputy director general of civil aviation, to be appointed by the central government, ex officio c not less than eight and not more than fourteen members to be appointed by the central government. 4 the chairperson shall be a wholetime member and other members referred to in clause c of subsection 3 may be appointed as wholetime or parttime members as the central government may think fit. 5 the chairperson and the members referred to in clause c of subsection 3 shall be chosen from among persons who have special knowledge and experience in air transport of any other transport services, industry, commercial or financial matters or administration and from among persons who are capable of representing organisations of workers and consumers.

section 11. of the airports authority of india act : in the discharge of its functions under this act, the authority shall act, so far as may be, on business principles.

section 5. of the airports authority of india act : 1 subject to the provisions of section 6, i every wholetime member other than the ex officio member shall hold office for a period of five years from the date on which he assumes office or till he attains the age of sixty years, whichever is earlier, and ii every parttime member other than the ex officio member shall hold office for a period of three years from the date on which he assumes office: provided that the central government may a terminate the appointment of any wholetime member, who is not a servant of the government, after giving him notice for a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months b terminate the appointment of any parttime member who is not a servant of the government after giving him notice for such period as may be prescribed and c terminate at any time the appointment of any member who is a servant of the government. 2 the other conditions of service of the members shall be such as may be prescribed. 3 any member may resign his office by giving notice in writing for such period as may be prescribed, to the central government and, on such resignation being notified in the official gazette by the government, such member shall be deemed to have vacated his office.

section 13. of the airports authority of india act : 1 on and from the appointed day, there shall be transferred to, and vest in, the authority constituted under section 3, the undertakings of the international airports authority and the national airports authority. 2 the undertaking of the international airports authority or the national airports authority which is transferred to, and which vests in, the authority under subsection 1 shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the international airports authority, or as the case may be, the national airports authority, in relation to its undertaking, whether within or outside india, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the international airports authority, or as the case may be, the national airports authority in relation to its undertaking.

section 6. of the airports authority of india act : the central government shall remove a member if he a becomes subject to any of the disqualifications mentioned in section 4: provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause e of that section, unless he has been given a reasonable opportunity of being heard in the matter or b refuses to act or becomes incapable of acting or c is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the authority or d in the opinion of the central government, has so abused his position as to render his continuance in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

section 10. of the airports authority of india act : 1 for the purpose of enabling it efficiently to discharge its functions under this act, the authority shall, subject to the provisions of section 18 and to such rules as may be made in this behalf, appoint whether on deputation or otherwise such number of officers and other employees as it may consider necessary: provided that the appointment of such category of officers, as may be specified after consultation with the chairperson in such rules, shall be subject to the approval of the central government. 2 subject to the provisions of section 18, every officer or other employee appointed by the authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

section 14. of the airports authority of india act : 1 all contracts, agreements and working arrangements subsisting immediately before the appointed day and affecting the international airports authority, or as the case may be, the national airports authority shall, in so far as they relate to the international airports authority, or as the case may be, the national airports authority, cease to have effect or be enforceable against the international airports authority, or as the case may be, the national airports authority and shall be of as full force and effect against or in favour of the authority in which the undertakings have vested by virtue of this act and enforceable as fully and effectually as if, instead of the international airports authority, or as the case may be, the national airports authority, the authority had been named therein or had been a party thereto. 2 any proceeding, suit or cause of action pending or existing immediately before the appointed day by or against the international airports authority or the national airports authority in relation to its undertakings may, as from that day, be continued and enforced by or against the authority in which it has vested by virtue of this act, as it might have been enforced by or against the international airports authority or the national airports authority if this act had not been passed, and shall cease to be enforceable by or against the international airports authority, or as the case may be, the national airports authority.

section 12. of the airports authority of india act : 1 subject to the rules, if any, made by the central government in this behalf, it shall be the function of the authority to manage the airports, the civil enclaves and the aeronautical communication stations efficiently. 2 it shall be the duty of the authority to provide air traffic service and air transport service at any airport and civil enclaves. 3 without prejudice to the generality of the provisions contained in subsections 1 and 2, the authority may a plan, develop, construct and maintain runways, taxiways, aprons and terminals and ancillary buildings at the airports and civil enclaves 1aa establish airports, or assist in the establishment of private airports, by rendering such technical, financial or other assistance which the central government may consider necessary for such purpose b plan, procure, instal and maintain navigational aids, communication equipment, beacons and ground aids at the airports and at such locations as may be considered necessary for safe navigation and operation of aircrafts c provide air safety services and search and rescue, facilities in coordination with other agencies d establish schools or institutions or centres for the training of its officers and employees in regard to any matter connected with the purposes of this act e construct residential buildings for its employees f establish and maintain hotels, restaurants and restrooms at or near the airports g establish warehouses and cargo complexes at the airports for the storage or processing of goods h arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports and civil enclaves i make appropriate arrangements for watch and ward at the airports and civil enclaves j regulate and control the plying of vehicles, and the entry and exit of passengers and visitors, in the airports and civil enclaves with due regard to the security and protocol functions of the government of india k develop and provide consultancy, construction or management services, and undertake operations in india and abroad in relation to airports, airnavigation services, ground aids and safety services or any facilities thereat l establish and manage heliports and airstrips m provide such transport facility as are, in the opinion of the authority, necessary to the passengers travelling by air n form one or more companies under the companies act, 1 of or under any other law relating to companies to further the efficient discharge of the functions imposed on it by this act o take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this act p perform any other function considered necessary or desirable by the central government for ensuring the safe and efficient operation of aircraft to, from and across the air space of india q establish training institutes and workshops r any other activity at the airports and the civil enclaves in the best commercial interests of the authority including cargo handling, setting up of joint ventures for the discharge of any function assigned to the authority. 4 in the discharge of its functions under this section, the authority shall have due regard to the development of air transport service and to the efficiency, economy and safety of such service. 5 nothing contained in this section shall be construed as a authorising the disregard by the authority of any law for the time being in force or b authorising any person to institute any proceeding in respect of duty or liability to which the authority or its officers or other employees would not otherwise be subject. 1. ins. by act of 43 of , s. 5 w.e.f. .

section 12a. of the airports authority of india act : 112a. lease by the authority.1 notwithstanding anything contained in this act, the authority may, in the public interest or in the interest of better management of airports, make a lease of the premises of an airport including buildings and structures thereon and appertaining thereto to carry out some of its functions under section 12 as the authority may deem fit: provided that such lease shall not affect the functions of the authority under section 12 which relates to air traffic service or watch and ward at airports and civil enclaves. 2 no lease under subsection 1 shall be made without the previous approval of the central government. 3 any money, payable by the lessee in terms of the lease made under subsection 1, shall form part of the fund of the authority and shall be credited thereto as if such money is the receipt of the authority for all purposes of section 24. 4 the lessee, who has been assigned any function of the authority under subsection 1 shall have all the powers of the authority necessary for the performance of such function in terms of the lease. 1. ins. by act of 43 of , s. 6 w.e.f. .

section 15., to be deemed to have been granted to the authority. of the airports authority of india act : with effect from the appointed day, all licences, permits, quotas and exemptions, granted to the international airports authority or the national airports authority in connection with the affairs and business of the international airports authority, or as the case may be, the national airports authority, under any law for the time being in force, shall be deemed to have been granted to the authority in which the undertakings of the international airports authority and the national airports authority have vested by virtue of this act.

section 16. of the airports authority of india act : 1 where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the international airports authority or the national airports authority, under the incometax act, 43 of , such exemption, assessment or benefit shall continue to have effect in relation to the authority in which the undertakings of the international airports authority and the national airports authority have vested by virtue of this act. 2 where any payment made by the international airports authority or the national airports authority is exempt from deduction of the tax at source under any provision of the incometax act, 43 of , the exemption from tax will continue to be available as if the provisions of the said act made applicable to the international airports authority or the national airports authority were operative in relation to the authority in which the undertakings of the international airports authority and the national airports authority have vested by virtue of this act. 3 the transfer and vesting of the undertakings or any part thereof in terms of section 13 shall not be construed as a transfer within the meaning of the incometax act, 43 of for the purposes of capital gains.

section 17. of the airports authority of india act : any guarantee given for or in favour of the international airports authority or the national airports authority with respect to any loan or lease finance shall continue to be operative in relation to the authority in which the undertakings of the international airports authority and the national airports authority have vested by virtue of this act.

section 18. of the airports authority of india act : 1 a every officer or other employee of the international airports authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the authority by virtue of this act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the international airports division of the authority. b every officer or other employee of the national airports authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the authority by virtue of this act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the national airports division of the authority. 2 every officer or other employee of the international airports authority or the national airports authority who becomes an officer or, as the case may be, other employee of the authority, as referred to in subsection 1, shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the international airports authority or, as the case may be, the national airports authority if its undertaking had not vested in the authority and shall continue to do so as an officer or other employee, as the case may be, of the authority or until the expiry of a period of one year from the appointed day if such officer or other employee opts not to be the officer or other employee of the authority within such period: provided that if the authority thinks it expedient to extend the period so fixed, it may extend the same up to a maximum period of one year. 3 where an officer or other employee of the international airports authority or the national airports authority opts under subsection 2 not to be in the employment or service of the authority in which the undertakings of the international airports authority and the national airports authority have vested, such officer or other employee shall be deemed to have resigned from the respective cadre. 4 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee of the international airports authority or the national airports authority to the authority shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 5 the officers and other employees who have retired before the appointed day from the service of the international airports authority or the national airports authority and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the authority in which the undertakings of the international airports authority and the national airports authority have vested. 6 the trusts of the provident fund and group insurance and superannuation scheme of the international airports authority or the national airports authority and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the authority as was being done hitherto in the international airports authority or the national airports authority and tax exemption granted to provident fund or group insurance and superannuation scheme would continue to be applied to the authority. 7 after the expiry of the period of one year, or the extended period, as referred to in subsection 2, all the officers and other employees transferred and appointed to the authority, other than those opting not to be the officers or employees of the authority within such period, shall be governed by the rules and regulations made by the authority in respect of the service conditions of the officers and other employees of the said authority.

section 19. of the airports authority of india act : any land required by the authority for the discharge of its functions under this act shall be deemed to be needed for a public purpose and such land may be acquired for the authority under the provisions of the land acquisition act, 1 of or of any other corresponding law for the time being in force.

section 20. of the airports authority of india act : subject to the provisions of section 21, the authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this act.

section 23. of the airports authority of india act : the central government may, after due appropriation made by parliament, by law in this behalf, a provide any capital that may be required by the authority for the discharge of its functions under this act or for any purpose connected therewith on such terms and conditions as that government may determine b pay to the authority, on such terms and conditions as the central government may determine, by way of loans or grants such sums of money as that government may consider necessary for the efficient discharge by the authority of its functions under this act.

section 21. of the airports authority of india act : 1 every contract shall, on behalf of the authority, be made by the chairperson or such other member or such officer of the authority as may be generally or specially empowered in this behalf by the authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the authority: provided that no contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the authority: provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the central government. 2 subject to the provisions of subsection 1, the form and manner in which any contract shall be made under this act shall be such as may be specified by regulations. 3 no contract which is not in accordance with the provisions of this act and the regulations shall be binding on the authority.

section 22. of the airports authority of india act : the authority may, i with the previous approval of the central government, charge fees or rent a for the landing, housing or parking of aircraft or for any other service or facility offered in connection with aircraft operations at any airport, heliport or airstrip. explanation.in this subclause aircraft does not include an aircraft belonging to any armed force of the union and aircraft operations does not include operations of any aircraft belonging to the said force b for providing air traffic services, ground safety services, aeronautical communications and navigational aids and meteorological services at any airport and at any aeronautical communication station c for the amenities given to the passengers and visitors at any airport, civil enclave, heliport or airstrip d for the use and employment by persons of facilities and other services provided by the authority at any airport, civil enclave, heliport or airstrip ii with due regard to the instructions that the central government may give to the authority, from time to time, charge fees or rent from persons who are given by the authority any facility for carrying on any trade or business at any airport, heliport or airstrip.

section 22a. of the airports authority of india act : 122a. power of authority to levy development fees at airports.2the authority may, i after the previous approval of the central government in this behalf, levy on, and collect from, the embarking passengers at an airport other than major airports referred to in clause h of section 2 of the airports economic regulatory authority of india act, 27 of the development fees at the rate as may be prescribed ii levy, on, and collect from, the embarking passengers at major airport referred to in clause h of section 2 of the airports economic regulatory authority of india act, 27 of the development fees at the rate as may be determined under clause b of subsection 1 of section 13 of the airports economic regulatory authority of india act, , and such fees shall be credited to the authority and shall be regulated and utilised in the prescribed manner, for the purposes of a funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected or b establishment or development of a new airport in lieu of the airport referred to in clause a or c investment in the equity in respect of shares to be subscribed by the authority in companies engaged in establishing, owning, developing, operating or maintaining a private airport in lieu of the airport referred to in clause a or advancement of loans to such companies or other persons engaged in such activities. 1. ins. by act of 43 of , s.7 w.e.f. . 2. subs. by act of 27 of , s. 54 and the schedule, for certain words w.e.f. .

section 24. of the airports authority of india act : 1 the authority shall have its own fund and all receipts of the authority shall be credited thereto and all payments of the authority shall be made therefrom. 2 the authority shall have power, subject to the provisions of this act, to spend such sums as it thinks fit to cover all administrative expenses of the authority and on objects or for purposes authorised by this act and such sums shall be treated as expenditure out of the fund of the authority. 3 all moneys standing at the credit of the authority which cannot immediately be applied as provided in subsection 2, shall be a deposited in the state bank of india or any such scheduled bank or banks or other public financial institutions subject to such conditions as may, from time to time, be specified by the central government and b invested in the securities of the central government or in such manner as may be prescribed. explanation in this subsection, scheduled bank has the same meaning as in clause e of section of the reserve bank of india act, 2 of .

section 28c. of the airports authority of india act : 128c. issue of notice to show cause against order of eviction.1 if the eviction officer is of the opinion that any persons are in unauthorised occupation of any airport premises and that they should be evicted, the eviction officer shall, in the manner hereinafter provided, issue a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. 2 the notice shall a specify the grounds on which the order of eviction is proposed to be made and b require all persons concerned, that is to say, all persons who are or may be, in occupation of, or claim interest in, the airport premises i to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days from the date of issue thereof, and ii to appear before the eviction officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown and also for personal hearing, if such hearing is desired. 3 the eviction officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the airport premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to the persons concerned. 4 where the eviction officer knows or has reasons to believe that any person is in occupation of the airport premises, then, without prejudice to the provisions of subsection 3, he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 25. of the airports authority of india act : 1 the authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services at any airport, civil enclave, heliport or airstrip or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement or for meeting expenditure arising from loss or damage from fire, cyclone, aircrash or other accident or for meeting any liability arising out of any act or commission in the discharge of its functions under this act: provided that without prejudice to the right of the authority to establish specific reserves for one or more specific purposes, the authority shall also have the power to establish a general reserve: provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the central government. 2 after making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the companies act, 1 of the authority shall pay the balance of its annual net profits to the central government.

section 26. of the airports authority of india act : 1 the authority shall, before the commencement of each financial year, prepare a statement of the programme of its activities during the forthcoming financial year as well as financial estimate in respect thereof. 2 the statement prepared under subsection 1 shall, not less than three months before the commencement of each financial year, be submitted for approval to the central government. 3 the statement and the financial estimates of the authority may, with the approval of the central government, be revised by the authority.

section 27. of the airports authority of india act : 1 the authority may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this act. 2 the central government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the authority under subsection 1. 3 subject to such limits as the central government may, from time to time, lay down, the authority may borrow temporarily by way of overdraft or otherwise such amounts as it may require for discharging its functions under this act.

section 28. of the airports authority of india act : 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 28d. of the airports authority of india act : 128d. eviction of unauthorised occupants.1 if, after considering the cause, if any, shown by any person in pursuance of a notice under section 28c and any evidence produced by him in support of the same and after personal hearing, if any, given under subclause ii of clause b of subsection 2 of section 28c, the eviction officer is satisfied that the airport premises are in unauthorised occupation, the eviction officer may make an order of eviction, for reasons to be recorded therein, directing that the airport premises shall be vacated, on such date as may be specified in the order, by the persons who may be in occupation thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the airport premises. 2 if any person refuses or fails to comply with the order of eviction on or before the date specified in the order or within fifteen days of the date of publication under subsection 1, whichever is earlier, the eviction officer or any other officer duly authorised by the eviction officer in this behalf may, after the date so specified or after the expiry of the period aforesaid, whichever is earlier, evict that person from, and take possession of, the airport premises and may, for that purpose, use such force as may be necessary. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28a. of the airports authority of india act : 128a. definitions.in this chapter, unless the context otherwise requires, a airport premises means any premises i belonging to airport ii taken on lease for the purposes of airport iii acquired for the authority under the provisions of the land acquisition act, 1 of or any other corresponding law for the time being in force. explanation.for the removal of doubts, it is hereby declared that for the purposes of this clause, airport includes private airport b eviction officer means an officer of the authority appointed as such by it under section 28b c premises means any land or building or part of a building, and includes i the garden, grounds and outhouses, if any, appertaining to such building or part of a building and ii any fittings affixed to such building or part of a building for more beneficial enjoyment thereof d rent, in relation to any airport premises, means the consideration payable periodically for the authorised occupation of the premises, and includes i any charge for electricity, water or any other service in connection with the occupation of the premises and ii any tax, by whatever name called, payable in respect of the premises 2 f unauthorised occupation, in relation to any airport premises, means the occupation by any person of the airport premises without authority for such occupation and includes the continuance in occupation by any person of the airport premises after the authority whether by way of grant or any other mode of transfer under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. 1. ins. by act of 43 of , s. 8 w.e.f. . 2. clause e omitted by act 33 of , s. 19 w.e.f. .

section 28b. of the airports authority of india act : 128b. appointment of eviction officers.the authority may, by general or special order in writing, appoint such number of its officers, as it thinks fit, to be eviction officers for the purposes of this chapter, and define the local limits within which, or the categories of airport premises in respect of which, the eviction officers shall exercise the powers conferred and perform the duties imposed, on eviction officers by or under this chapter. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28g. of the airports authority of india act : 128g. power to require payment of rent or damages in respect of airport premises.1 where any person is in arrears of rent payable in respect of airport premises, the eviction officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. 2 where any person is, or has at any time been, in unauthorised occupation of any airport premises, the eviction officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. 3 while making an order under subsection 1 or subsection 2, the eviction officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with simple interest at such rate as may be prescribed. 4 no order under subsection 1 or subsection 2 shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such period not being less than seven days but not exceeding thirty days as may be specified in the notice as to why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same have been considered by the eviction officer. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28e. of the airports authority of india act : 128e. disposal of property left on airport premises by unauthorised occupants.1 where any persons have been evicted from any airport premises under section 28d, the eviction officer may, after giving ten days notice to the persons from whom possession of the airport premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. 2 where any property is sold under subsection 1, the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the central government or the corporate authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the eviction officer to be entitled to the same: provided that where the eviction officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the 2central government and the decision of the 2central government thereon shall be final. 1. ins. by act of 43 of , s. 8 w.e.f. . 2. subs. by act 33 of , s. 19, for tribunal w.e.f. .br

section 28f. of the airports authority of india act : 128f. power to remove unauthorised constructions, etc.1 no person shall a erect or place or raise any building or any movable or immovable structure or fixture b display or spread any goods c bring or keep any cattle or other animal, on or against or in front of any airport premises except in accordance with the authority whether by way of grant or any other mode of transfer under which he was allowed to occupy such airport premises. 2 where any building or other immovable structure or fixture has been erected, placed or raised in any airport premises in contravention of the provisions of subsection 1, the eviction officer may serve on the person erecting such building or other structure or fixture, a notice requiring him either to remove or show cause why he shall not remove such building or other structure or fixture to or from the airport premises within such period, not being less than seven days but not exceeding thirty days as may be specified in the notice, and on the omission or refusal of such person to show cause, or to remove such building or other structure or fixture from the airport premises, or where the cause shown is not, in the opinion of the eviction officer, sufficient, the eviction officer may, by order, remove or cause to be removed the building or other structure or fixture from the airport premises and the cost of such removal shall be recoverable from such person as an arrear of land revenue. 3 where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread or any cattle or other animal has been brought or kept on any airport premises in contravention of the provisions of subsection 1 by any person, the eviction officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the airport premises and the cost of such removal shall be recoverable from such person as an arrear of land revenue. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28h. of the airports authority of india act : 128h. powers of eviction officers.an eviction officer shall, for the purpose of holding any inquiry into this chapter, have the same powers, as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c any other matter which may be prescribed. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28l. procedure and powers of tribunal of the airports authority of india act : omitted by the tribunals reforms act, 33 of , s. 19 w.e.f. .

section 28i. of the airports authority of india act : omitted by the tribunals reforms act, 33 of , s. 19 w.e.f.

section 28j. of the airports authority of india act : omitted by ibid., s. 19 w.e.f. .

section 28n. of the airports authority of india act : 128n. offences under this chapter.1 whoever, unlawfully occupies any airport premises, shall be punishable with imprisonment for a term which may extend to six years and with fine. 2 whoever fails to comply with any order of the eviction officer or the 2high court under this chapter shall be punishable with imprisonment for a term which may extend to seven years and with fine. 3 if any person who has been evicted from any airport premises under this chapter again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to ten years and with fine. 4 the court may, while convicting a person under subsection 3, make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken under this chapter. 1. ins. by act of 43 of , s. 8 w.e.f. . 2. subs. by act 33 of , s. 19, for tribunal w.e.f. .

section 28ja.qualifications, terms and conditions of service of chairperson. of the airports authority of india act : omitted by ibid., s. 19 w.e.f. .

section 28k. of the airports authority of india act : 128k. appeals to tribunal.1 any person aggrieved by an order of the eviction officer under this chapter may, within fifteen days from the date of such order, prefer an appeal to the 2high court: provided that the 3high court may entertain any appeal after the expiry of the said period of fifteen days, but not after the period of thirty days from the date aforesaid, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 4 1. ins. by act of 43 of , s. 8 w.e.f. . 2. subs. by act 33 of , s. 19, for tribunal in such form as may be prescribed w.e.f. . 3. subs. by act 33 of , s. 19, for tribunal w.e.f. . 4. subsections 2, 3, 4 and 5 omitted by s. 19, ibid. w.e.f. .

section 28m.finality of orders of the airports authority of india act : 128m. finality of orders.subject to the provisions of this act, every order made by an eviction officer 2 under this chapter shall be final and shall not be called in question in any suit, application, execution or other proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or intended to be taken in pursuance of any power conferred by or under this chapter. 1. ins. by act of 43 of , s. 8 w.e.f. . 2. the words or the tribunal omitted by s. 19, ibid. w.e.f. .

section 28o.offences by companies of the airports authority of india act : 128o. offences by companies.1 where any offence under this chapter has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this chapter, if he proves that the offence was committed without his knowledge or he has exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 32. of the airports authority of india act : all officers and employees of the authority shall, while acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 28p. of the airports authority of india act : 128p. cognizance of offences.no court shall take cognizance of any offence under this chapter except on a complaint made by the authority, eviction officer or any other officer authorised by it and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this chapter. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28q. of the airports authority of india act : 128q. power to obtain information.if the eviction officer has reason to believe that any persons are in an unauthorised occupation of any airport premises, he or any other officer authorised by him in this behalf may require those persons or any other person to furnish information in relation to the names and other particulars of the persons in occupation of the airport premises and every person so required shall be bound to furnish the information in his possession. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 28r., to aid and assist of the airports authority of india act : 128r. officers, etc., to aid and assist.it shall be the duty of all the officers of the government including police officers and any local authority to aid and assist the eviction officer or other officers of the authority in the discharge of their functions under this chapter. 1. ins. by act of 43 of , s. 8 w.e.f. .

section 29. of the airports authority of india act : 1 the authority shall, as soon as may be after the end of each financial year, prepare and submit to the central government in such form as may be prescribed a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the authority during the next financial year. 2 the central government shall cause such report to be laid before both houses of parliament as soon as may be after it is submitted.

section 30.delegation of the airports authority of india act : the authority may, by general or special order in writing, delegate to the chairperson or any other member or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act, except the powers under section 42 as it may deem necessary.

section 31.authentication of orders and other instruments of the authority of the airports authority of india act : all orders and decisions of the authority shall be authenticated by the signature of the chairperson or any other member authorised by the authority in this behalf and all other instruments executed by the authority shall be authenticated by the signature of an officer of the authority authorised by it in this behalf.

section 35. of the airports authority of india act : for the purposes of the incometax act, 43 of or any other enactment for the time being in force relating to incometax or any other tax on income, profits or gains, the authority shall be deemed to be a company within the meaning of the incometax act, and shall be liable to tax accordingly on its income, profits and gains.

section 38. of the airports authority of india act : 1 if, at any time, the central government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the authority to entrust the administration, management or similar other functions of any airport, heliport, airstrip, civil enclave, aeronautical communication station, or any other agency or department of any airport, heliport, airstrip civil enclave or aeronautical communication station with effect from such date and to such person as may be specified in the order and the authority shall be bound to comply with such direction: provided that before an order is made under this subsection the authority shall be given a reasonable opportunity of being heard in the matter. 2 where the management of any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to any person specified under subsection 1 hereafter referred to in this section as the authorised person, the authority shall cease to exercise and discharge all its powers and functions under this act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the central government may give to the authorised person from time to time: provided that no such power or function as may be specified by the central government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the central government. 3 an order made under subsection 1 shall, unless rescinded, be in operation for a period of six months from the date on which the management of the airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to the authorised person: provided that the central government may extend such period for a further period or periods not exceeding eighteen months. 4 during the operation of an order made under subsection 1, it shall be competent for the central government to issue, from time to time, such directions to the authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the authority under this act in relation to the airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the management of which has been entrusted to him and in particular to transfer any sum of money from the fund of the authority to the authorised person for the management of the airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and every such direction shall be complied with by the authority. 5 on the cesser of operation of any order made under subsection 1 in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authorised person shall cease to exercise and perform the powers and functions of the authority under this act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and the authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this act. 6 on the cesser of operation of any order made under subsection 1 in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authorised person shall hand over to the authority any property including any sum of money or other asset remaining with him in connection with the management of such airport, heliport, airstrip, civil enclave or aeronautical communication station. 7 anything done or any action taken lawfully by the authorised person in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof during the period of operation of an order made under subsection 1 shall be deemed to have been done or taken by the authority and shall be binding on the authority.

section 33. of the airports authority of india act : no suit, prosecution or other legal proceeding shall lie against the authority or any member or any officer or other employee of the authority 1 for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder or for any damage sustained by any aircraft or vehicle in consequence of any defect in any of the airports, civil enclaves, heliports, airstrips, aeronautical communication stations or other things belonging to or under the control of the authority. 1. the words or the chairperson of the tribunal omitted by act 33 of , s. 19 w.e.f. .

section 34. of the airports authority of india act : subject to such regulations as the authority may make in this behalf, the authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, is found on any premises belonging to the authority or under its overall control or in any aircraft on any such premises.

section 37. of the airports authority of india act : 1 the authority or any officer specially authorised by it in this behalf may, from time to time, by order, issue directions, consistent with the provisions of the aircraft act, 22 of and the rules made thereunder, with respect to any of the matters specified in clauses f, h, i, j, k, m, p, qq and r of subsection 2 of section 5 of that act, to any person or persons engaged in aircraft operations or using any airports, heliport, airstrip or civil enclave, in any case where the authority or the officer is satisfied that in the interests of the security of india or for securing the security of the aircraft it is necessary to do so. 2 every direction issued under subsection 1 shall be complied with by the person or persons to whom such direction is issued. 3 if any person wilfully fails to comply with any direction issued under this section, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.

section 36. of the airports authority of india act : the authority may undertake to carry out on behalf of any person any works or services or any class of works or services on such terms and conditions as may be agreed upon between the authority and the person concerned.

section 39.power of the central government to supersede the authority of the airports authority of india act : 1 if, at any time, the central government is of opinion a that on account of a grave emergency, the authority is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the authority has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of which default the financial position of the authority or the administration of any airport, heliport, airstrip, civil enclave or aeronautical communication station has deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause b, the central government shall give a reasonable opportunity to the authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority, shall until the authority is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct c all property owned or controlled by the authority shall, until the authority is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further term not exceeding six months, as it may consider necessary or b reconstitute the authority by fresh appointment and in such case the members who vacated their offices under clause a of subsection 2 shall not be deemed disqualified for appointment: provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under subsection 1 or as extended under this subsection, take action under clause b of this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity.

section 40. of the airports authority of india act : 1 without prejudice to the foregoing provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final. 3 the central government may, from time to time, issue directions to the authority regarding the discharge of any functions to it under clause e of subsection 3 of section 12 and the authority shall be bound to comply with such directions.

section 41.power to make rules of the airports authority of india act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the period of notice as may be given by the central government to terminate the appointment of any parttime member of the authority under clause b of proviso to subsection 1 of section 5 b the conditions of service of the members of the authority under subsection 2 of section 5 c the period of notice as may be given by any member to resign his office under subsection 3 of section 5 d the provisions subject to which officers and other employees may be appointed by the authority and the category of officers to be appointed after approval of the central government under the proviso to subsection 1 of section 10 e the provisions subject to which the authority may manage the airports, civil enclaves and aeronautical communication stations under subsection 1 of section 12 1ee 2the rate of development fees in respect of airports other than major airports and the manner of regulating and utilising the fees under section 22a f the manner in which the authority may invest its funds under clause b of subsection 3 of section 24 g the form in which the annual statement of accounts shall be prepared by the authority under subsection 1 of section 28: 1gi the other manner of serving notice under subsection 3 of section 28c gii the other manner of serving notice under subsection 4 of section 28c giii the principles of assessment of damages under subsection 2 of section 28g giv the rate of simple interest under subsection 3 of section 28g gv any other matter under clause c of section 28h 3 h the form in which a report giving an account of its activities shall be prepared and submitted by the authority to the central government under subsection 1 of section 29 and i any other matter which is to be, or may be, prescribed. 1. ins. by act of 43 of , s.10 w.e.f. . 2. subs. by act 27 of , s. 54 and the schedule, for the rate of development fees and w.e.f. . 3.clauses gvi, gvii, gviii and gix omitted by act 33 of , s. 19 w.e.f. .

section 43. of the airports authority of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 42.power to make regulations of the airports authority of india act : 1 the authority may make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 without prejudice to the generality of the foregoing power, such regulations may provide for a the time and places of the meetings of the authority and the procedure to be followed for the transaction of business including the quorum at such meetings under subsection 1 of section 8 b the conditions of service and the remuneration of officers and other employees to be appointed by the authority under subsection 2 of section 10 c the construction of residential accommodation for the officers and other employees appointed by the authority under clause e of subsection 3 of section 12 d the storage or processing of goods in any warehouse established by the authority under clause g of subsection 3 of section 12 and the charging of fees for such storage or processing e the contracts or class of contracts which are to be sealed with the common seal of the authority and the form and manner in which a contract may be made by the authority under subsection 1 of section 21 f the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 34 g the disposal of any lost property in cases where such property is not restored h securing the safety of aircraft, vehicles and persons using the airport or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the airport or civil enclave i preventing obstruction within the airport or civil enclave for its normal functioning j prohibiting the parking or waiting of any vehicle of carriage within the airport or civil enclave except at places specified by the authority k prohibiting or restricting access to any part of the airport or civil enclave l preserving order within the airport or civil enclave and preventing damage to property therein m regulating or restricting advertising within the airport or civil enclave n requiring any person, if so directed by an officer appointed by the authority in this behalf, to leave the airport or civil enclave or any particular part of the airport or civil enclave and o generally for the efficient and proper management of the airport or civil enclave. 3 any regulation made under any of the clauses h to o both inclusive of subsection 2 may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention. 4 no regulation made by the authority under this section shall have effect until it has been approved by the central government and published in the official gazette. 5 notwithstanding anything contained in this section, the first regulations under this act shall be made by the central government and shall have effect on being published in the official gazette. 6 the first regulations framed under subsection 5 shall remain in force until such time the authority has made regulations and they are published in the official gazette.

section 46.repeal and saving of the airports authority of india act : 1 on and from the appointed date, i the international airports authority act, 43 of and the national airports authority act, 64 of shall stand repealed ii the international airports authority and the national airports authority constituted under the aforesaid acts shall cease to exist. 2 notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the aforesaid acts so repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act.

section 44. of the airports authority of india act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by general or special order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made after the expiration of one year from the commencement of this act. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 45.. of the airports authority of india act : amendment of act 22 of ..rep. by repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 8. of the unlawful activities prevention act : 1 where an association has been declared unlawful by a notification issued under section 3 which has become effective under subsection 3 of that section, the central government may, by notification in the official gazette, notify any place which in its opinion is used for the purpose of such unlawful association. explanation.for the purposes of this subsection, place includes a house or building, or part thereof, or a tent or vessel. 2 on the issue of a notification under subsection 1, the district magistrate within the local limits of whose jurisdiction such notified place is situate or any officer authorised by him in writing in this behalf shall make a list of all movable properties other than wearingapparel, cooking vessels, beds and beddings, tools of artisans, implements of husbandry, cattle, grain and foodstuffs and such other articles as he considers to be of a trivial nature found in the notified place in the presence of two respectable witnesses. 3 if, in the opinion of the district magistrate, any articles specified in the list are or may be used for the purpose of the unlawful association, he may make an order prohibiting any person from using the articles save in accordance with the written orders of the district magistrate. 4 the district magistrate may thereupon make an order that no person who at the date of the notification was not a resident in the notified place shall, without the permission of the district magistrate, enter, or be on or in, the notified place: provided that nothing in this subsection shall apply to any near relative of any person who was a resident in the notified place at the date of the notification. 5 where in pursuance of subsection 4, any person is granted permission to enter, or to be on or in, the notified place, that person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the district magistrate. 6 any police officer, not below the rank of a subinspector, or any other person authorised in this behalf by the central government may search any person entering, or seeking to enter, or being on or in, the notified place and may detain any such person for the purpose of searching him: provided that no female shall be searched in pursuance of this subsection except by a female. 7 if any person is in the notified place in contravention of an order made under subsection 4, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by any officer or by any other person authorised in this behalf by the central government. 8 any person aggrieved by a notification issued in respect of a place under subsection 1 or by an order made under subsection 3 or subsection 4 may, within thirty days from the date of the notification or order, as the case may be, make an application to the court of the district judge within the local limits of whose jurisdiction such notified place is situate a for declaration that the place has not been used for the purpose of the unlawful association or b for setting aside the order made under subsection 3 or subsection 4, and on receipt of the application the court of the district judge shall, after giving the parties an opportunity of being heard, decide the question.

section 1. of the unlawful activities prevention act : show related subordinates 11. short title, extent and application.1 this act may be called the unlawful activities prevention act, 37 of . 2 it extends to the whole of india. 3 every person shall be liable to punishment under this act for every act or omission contrary to the provisions thereof, of which he is held guilty in india. 4 any person, who commits an offence beyond india, which is punishable under this act, shall be dealt with according to the provisions of this act in the same manner as if such act had been committed in india. 5 the provisions of this act apply also to a citizens of india outside india b persons in the service of the government, wherever they may be and c persons on ships and aircrafts, registered in india, wherever they may be. 1. subs. by act 29 of , s. 4, for sections 1, 2, 2a w.e.f .

section 7. of the unlawful activities prevention act : 1 where an association has been declared unlawful by a notification issued under section 3 which has become effective under subsection 3 of that section and the central government is satisfied, after such inquiry as it may think it, that any person has custody of any moneys, securities or credits which are being used or are intended to be used for the purpose of the unlawful association, the central government may, by order in writing, prohibit such person from paying, delivering, transferring or otherwise dealing in any manner whatsoever with such moneys, securities or credits or with any other moneys, securities or credits which may come into his custody after the making of the order, save in accordance with the written orders of the central government and a copy of such order shall be served upon the person so prohibited in the manner specified in subsection 3. 2 the central government may endorse a copy of the prohibitory order made under subsection 1 for investigation to any gazetted officer of the government it may select, and such copy shall be a warrant whereunder such officer may enter in or upon any premises of the person to whom the order is directed, examine the books of such person, search for moneys, securities or credits, and make inquiries from such person or any officer, agent or servant of such person, touching the origin of any dealings in any moneys, securities or credits which the investigating officer may suspect are being used or are intended to be used for the purpose of the unlawful association. 3 a copy of an order made under this section shall be served in the manner provided in the 1code, for the service of a summons, or where the person to be served is a corporation, company, bank or other association, it shall be served on any secretary, director or other officer or person concerned with the management thereof, or by leaving it or sending it by post addressed to the corporation, company, bank or other association at its registered office, or where there is no registered office, at the place where it carries on business. 4 any person aggrieved by a prohibitory order made under subsection 1 may, within fifteen days from the date of the service of such order, make an application to the court of the district judge within the local limits of whose jurisdiction such person voluntarily resides or carries on business or personally works for gain, to establish that the moneys, securities or credits in respect of which the prohibitory order has been made are not being used or are not intended to be used for the purpose of the unlawful association and the court of the district judge shall decide the question. 5 except so far as is necessary for the purposes of any proceedings under this section, no information obtained in the course of any investigation made under subsection 2 shall be divulged by any gazetted officer of the government, without the consent of the central government. 6 in this section, security includes a document whereby any person acknowledges that he is under a legal liability to pay money, or whereunder any person obtains a legal right to the payment of money. 1. subs. by s. 3, ibid., for code of criminal procedure, 5 of w.e.f. .

section 2. of the unlawful activities prevention act : 1 in this act, unless the context otherwise requires, a association means any combination or body of individuals b cession of a part of the territory of india includes admission of the claim of any foreign country to any such part c code means the code of criminal procedure, 2 of d court means a criminal court having jurisdiction, under the code, to try offences under this act 1and includes a special court constituted under section 11 or under 2section 22 of the national investigation agency act, e designated authority means such officer of the central government not below the rank of joint secretary to that government, or such officer of the state government not below the rank of secretary to that government, as the case may be, as may be specified by the central government or the state government, by notification published in the official gazette 3ea economic security includes financial, monetary and fiscal stability, security of means of production and distribution, food security, livelihood security, energy security, ecological and environmental security 14eb order means the prevention and suppression of terrorism implementation of security council resolutions order, , as may be amended from time to time 2ec person includes i an individual, ii a company, iii a firm, iv an organisation or an association of persons or a body of individuals, whether incorporated or not, v every artificial juridical person, not falling within any of the preceding subclauses, and vi any agency, office or branch owned or controlled by any person falling within any of the preceding subclauses f prescribed means prescribed by rules made under this act 5g proceeds of terrorism means, i all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found or ii any property which is being used, or is intended to be used, for a terrorist act or for the purpose of an individual terrorist or a terrorist gang or a terrorist organisation. explanation.for the purposes of this act, it is hereby declared that the expression proceeds of terrorism includes any property intended to be used for terrorism 6h property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents, deeds and 7 instruments in any form including but not limited to electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired ha schedule means 8a schedule to this act i secession of a part of the territory of india from the union includes the assertion of any claim to determine whether such part will remain a part of the territory of india j state government, in relation to a union territory, means the administrator thereof k terrorist act has the meaning assigned to it in section 15, and the expressions terrorism and terrorist shall be construed accordingly l terrorist gang means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act m terrorist organisation means an organisation listed in the 9first schedule or an organisation operating under the same name as an organisation so listed n tribunal means the tribunal constituted under section 5 o unlawful activity, in relation to an individual or association, means any action taken by such individual or association whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise, i which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of india or the secession of a part of the territory of india from the union, or which incites any individual or group of individuals to bring about such cession or secession or ii which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of india or iii which causes or is intended to cause disaffection against india p unlawful association means any association, i which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or ii which has for its object any activity which is punishable under section 153a 45 of or section 153b of the indian penal code, or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity: provided that nothing contained in subclause ii shall apply to the state of jammu and kashmir q words and expressions used but not defined in this act and defined in the code shall have the meanings respectively assigned to them in the code. 2 any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. ins. by act 35 of , s. 3 w.e.f. . 2. subs. by act 28 of , s. 2 for section 21 w.e.f. . 3. ins. by act 3 of , s. 2 w.e.f. . 4. clause ea renumbered clause eb thereof by s. 2, ibid. w.e.f. . 5. subs. by s. 2, ibid., for clause g w.e.f. . 6. subs. by act 35 of , s. 3, for clause h w.e.f. . 7. subs. by act 3 of , s. 2, for instruments in any form including w.e.f. . 8. subs. by act 28 of , s. 2 for the schedule w.e.f. . 9. subs. by act 28 of , s. 2 for schedule w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 3. of the unlawful activities prevention act : show related subordinates 1 if the central government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the official gazette, declare such association to be unlawful. 2 every such notification shall specify the grounds on which it is issued and such other particulars as the central government may consider necessary: provided that nothing in this subsection shall require the central government to disclose any fact which it considers to be against the public interest to disclose. 3 no such notification shall have effect until the tribunal has, by an order made under section 4, confirmed the declaration made therein and the order is published in the official gazette: provided that if the central government is of opinion that circumstances exist which render it necessary for that government to declare an association to be unlawful with immediate effect, it may, for reasons to be stated in writing, direct that the notification shall, subject to any order that may be made under section 4, have effect from the date of its publication in the official gazette. 4 every such notification shall, in addition to its publication in the official gazette, be published in not less than one daily newspaper having circulation in the state in which the principal office, if any, of the association affected is situated, and shall also be served on such association in such manner as the central government may think fit and all or any of the following modes may be followed in effecting such service, namely: a by affixing a copy of the notification to some conspicuous part of the office, if any, of the association or b by serving a copy of the notification, where possible, on the principal officebearers, if any, of the association or c by proclaiming by beat of drum or by means of loudspeakers, the contents of the notification in the area in which the activities of the association are ordinarily carried on or d in such other manner as may be prescribed.

section 9. of the unlawful activities prevention act : subject to any rules that may be made under this act, the procedure to be followed by the tribunal in holding any inquiry under subsection 3 of section 4 or by a court of the district judge in disposing of any application under subsection 4 of section 7 or subsection 8 of section 8 shall, so far as may be, be the procedure laid down in the code of civil procedure, 5 of , for the investigation of claims and the decision of the tribunal or the court of the district judge, as the case may be, shall be final.

section 4. of the unlawful activities prevention act : show related subordinates 1 where any association has been declared unlawful by a notification issued under subsection 1 of section 3, the central government shall, within thirty days from the date of the publication of the notification under the said subsection, refer the notification to the tribunal for the purpose of adjudicating whether or not there is sufficient cause for declaring the association unlawful. 2 on receipt of a reference under subsection 1, the tribunal shall call upon the association affected by notice in writing to show cause, within thirty days from the date of the service of such notice, why the association should not be declared unlawful. 3 after considering the cause, if any, shown by the association or the officebearers or members thereof, the tribunal shall hold an inquiry in the manner specified in section 9 and after calling for such further information as it may consider necessary from the central government or from any officebearer or member of the association, it shall decide whether or not there is sufficient cause for declaring the association to be unlawful and make, as expeditiously as possible and in any case within a period of six months from the date of the issue of the notification under subsection 1 of section 3, such order as it may deem fit either confirming the declaration made in the notification or cancelling the same. 4 the order of the tribunal made under subsection 3 shall be published in the official gazette.

section 10. of the unlawful activities prevention act : 110. penalty for being member of an unlawful association, etc.where an association is declared unlawful by a notification issued under section 3 which has become effective under subsection 3 of that section, a a person, who i is and continues to be a member of such association or ii takes part in meetings of such association or iii contributes to, or receives or solicits any contribution for the purpose of, such association or iv in any way assists the operations of such association, shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine and b a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any act resulting in loss of human life or grievous injury to any person or causes significant damage to any property, i and if such act has resulted in the death of any person, shall be punishable with death or imprisonment for life, and shall also be liable to fine ii in any other case, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by act 29 of , s. 6, for section 10 w.e.f. .

section 12. of the unlawful activities prevention act : 1 whoever uses any article in contravention of a prohibitory order in respect thereof made under subsection 3 of section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine. 2 whoever knowingly and wilfully is in, or effects or attempts to effect entry into, a notified place in contravention of an order made under subsection 4 of section 8 shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine.

section 5. of the unlawful activities prevention act : show related subordinates 1 the central government may, by notification in the official gazette, constitute, as and when necessary, a tribunal to be known as the unlawful activities prevention tribunal consisting of one person, to be appointed by the central government: provided that no person shall be so appointed unless he is a judge of a high court. 2 if, for any reason, a vacancy other than a temporary absence occurs in the office of the presiding officer of the tribunal, then, the central government shall appoint another person in accordance with the provisions of this section to fill the vacancy and the proceedings may be continued before the tribunal from the stage at which the vacancy is filled. 3 the central government shall make available to the tribunal such staff as may be necessary for the discharge of its functions under this act. 4 all expenses incurred in connection with the tribunal shall be defrayed out of the consolidated fund of india. 5 subject to the provisions of section 9, the tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it will hold its sittings. 6 the tribunal shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the requisitioning of any public record from any court or office e the issuing of any commission for the examination of witnesses. 7 any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the tribunal shall be deemed to be a civil court for the purposes of section 195 and 1 chapter xxvi of the 2code. 1. subs. by act 29 of , s. 5, for chapter xxxv w.e.f. . 2. subs. by s. 3, ibid., for code of criminal procedure, 5 of w.e.f. .

section 6. of the unlawful activities prevention act : 1 subject to the provisions of subsection 2, a notification issued under section 3 shall, if the declaration made therein is confirmed by the tribunal by an order made under section 4, remain in force for a period of 1 five years from the date on which the notification becomes effective. 2 notwithstanding anything contained in subsection 1, the central government may, either on its own motion or on the application of any person aggrieved, at any time, cancel the notification issued under section 3, whether or not the declaration made therein has been confirmed by the tribunal. 1. subs. by act 3 of , s. 3, for two years w.e.f. .

section 16. of the unlawful activities prevention act : 116. punishment for terrorist act1 whoever commits a terrorist act shall, a if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine b in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 11. of the unlawful activities prevention act : if any person on whom a prohibitory order has been served under subsection 1 of section 7 in respect of any moneys, securities or credits pays, delivers, transfers or otherwise deals in any manner whatsoever with the same in contravention of the prohibitory order, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and notwithstanding anything contained in the 1code, the court trying such contravention may also impose on the person convicted an additional fine to recover from him the amount of the moneys or credits or the market value of the securities in respect of which the prohibitory order has been contravened or such part thereof as the court may deem fit. 1. subs. by s. 3, ibid., for code of criminal procedure, 5 of w.e.f. .

section 13. of the unlawful activities prevention act : 1 whoever a takes part in or commits, or b advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine. 2 whoever, in any way, assists any unlawful activity of any association, declared unlawful under section 3, after the notification by which it has been so declared has become effective under subsection 3 of that section, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. 3 nothing in this section shall apply to any treaty, agreement or convention entered into between the government of india and the government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the government of india.

section 18. of the unlawful activities prevention act : 118. punishment for conspiracy, etc.whoever conspires or attempts to commit, or advocates, abets, advises or 2incites, directly or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 1. 2. subs. by s. 7, ibid., for chapter iv w.e.f. . 2. subs. by act 35 of , s. 7, for incites or knowingly facilitates w.e.f.

section 14. of the unlawful activities prevention act : notwithstanding anything contained in the 1code, an offence punishable under this act shall be cognizable. 1. subs. by act 29 of , s. 3, for code of criminal procedure, 5 of w.e.f. .

section 18b. of the unlawful activities prevention act : 118b. punishment for recruiting of any person or persons for terrorist act.whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 15. of the unlawful activities prevention act : 1, 215. terrorist act. 31 whoever does any act with intent to threaten or likely to threaten the unity, integrity, security 4, economic security, or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country, a by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances whether biological radioactive, nuclear or otherwise of a hazardous nature or by any other means of whatever nature to cause or likely to cause i death of, or injuries to, any person or persons or ii loss of, or damage to, or destruction of, property or iii disruption of any supplies or services essential to the life of the community in india or in any foreign country or 4iiia damage to, the monetary stability of india by way of production or smuggling or circulation of high quality counterfeit indian paper currency, coin or of any other material or iv damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies or b overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary or c detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or 5an international or intergovernmental organisation or any other person to do or abstain from doing any act or commits a terrorist act. 6explanation.for the purpose of this subsection, a public functionary means the constitutional authorities or any other functionary notified in the official gazette by the central government as public functionary b high quality counterfeit indian currency means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features as specified in the third schedule. 72 the terrorist act includes an act which constitutes an offence within the scope of, and as defined in any of the treaties specified in the second schedule. 1. subs. by s. 7, ibid., for chapter iv w.e.f. . 2. subs. by act 35 of , s. 4, for section 15 w.e.f. . 3. section 15 renumbered as subsection 1 thereof by act 3 of , s. 4 w.e.f. 1. 4. ins. by s. 4, ibid. w.e.f. . 5. subs. by s. 4, ibid., for any other person to do or abstain from doing any act, w.e.f. . 6. subs. by s. 4, ibid, for the explanation w.e.f. . 7. ins. by act 3 of , s. 4 w.e.f. .

section 16a. of the unlawful activities prevention act : 116a.punishment for making demands of radioactive substances, nuclear devices, etc. omitted by the unlawful activities prevention amendment repealing and amending act 3 of , s. 5 w.e.f. . 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 17. of the unlawful activities prevention act : 1, 217. punishment for raising funds for terrorist act.whoever, in india or in a foreign country, directly or indirectly, raises or provides funds or collects funds, whether from a legitimate or illegitimate source, from any person or persons or attempts to provide to, or raises or collects funds for any person or persons, knowing that such funds are likely to be used, in full or in part by such person or persons or by a terrorist organisation or by a terrorist gang or by an individual terrorist to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. explanation.for the purpose of this section, a participating, organising or directing in any of the acts stated therein shall constitute an offence b raising funds shall include raising or collecting or providing funds through production or smuggling or circulation of high quality counterfeit indian currency and c raising or collecting or providing funds, in any manner for the benefit of, or, to an individual terrorist, terrorist gang or terrorist organisation for the purpose not specifically covered under section 15 shall also be construed as an offence. 1. subs. by s. 6, ibid., for section 17 w.e.f. . 2. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 18a. of the unlawful activities prevention act : 1, 218a. punishment for organising of terrorist camps.whoever organises or causes to be organised any camp or camps for imparting training in terrorism shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by s. 7, ibid., for chapter iv w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 19. of the unlawful activities prevention act : 119. punishment for harbouring, etc.whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person is a terrorist shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: provided that this section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 20. of the unlawful activities prevention act : 1 20. punishment for being member of terrorist gang or organisation.any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 23. of the unlawful activities prevention act : 1 1if any person with intent to aid any terrorist or terrorist organisation or a terrorist gang contravenes any provision of, or any rule made under the explosives act, 4 of or the explosive substances act, 6 of or the inflammable substances act, 20 of or the arms act, 54 of , or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or 2 chemical substance of warfare or high quality counterfeit indian currency, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 2 3 any person who with the intent to aid any terrorist, or a terrorist organisation or a terrorist gang, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in subsection 1, shall be deemed to have contravened that provision under subsection 1 and the provisions of that subsection in relation to such person, have effect subject to the modification that the reference to imprisonment for life therein shall be construed as a reference to imprisonment for ten years. 1. subs. by act 35 of , s. 9, for if any person with intent to aid any terrorist contravenes w.e.f. . 2. subs. by act 3 of , s. 8, for chemical substance of warfare, he shall w.e.f. . 3. subs. by act 35 of , s. 9, for any person who, with the intent to aid any terrorist w.e.f. .

section 22. of the unlawful activities prevention act : whoever threatens any person who is a witness or any other person in whom such witness may be interested, with violence, or wrongfully restrains or confines the witness, or any other person in whom the witness may be interested, or does any other unlawful act with intent to cause any of the said acts, shall be punishable with imprisonment which may extend to three years, and shall also be liable to fine.

section 21. of the unlawful activities prevention act : show related subordinates 121. punishment for holding proceeds of terrorism.whoever knowingly holds any property derived or obtained from commission of any terrorist act or acquired through the terrorist fund shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. 1. subs. by s. 7, ibid., for chapter iv w.e.f. .

section 22a. of the unlawful activities prevention act : 122a. offences by companies.1 where an offence under this act has been committed by a company, every person including promoters of the company who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person including promoters liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised reasonable care to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any promoter, director, manager, secretary or other officer of the company, such promoter, director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. ins. by act 3 of , s. 7 w.e.f. .

section 24a. of the unlawful activities prevention act : 124a. forfeiture of proceeds of terrorism.1 no person shall hold or be in possession of any proceeds of terrorism. 2 proceeds of terrorism, whether held by a terrorist organisation or terrorist gang or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter. 3 where proceedings have been commenced under this section, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to, or, the value of the proceeds of terrorism involved in the offence. 1. subs. by s. 10, ibid., for section 24 w.e.f. .

section 22b. of the unlawful activities prevention act : 122b. offences by societies or trusts.1 where an offence under this act has been committed by a society or trust, every person including the promoter of society or settlor of the trust who at the time the offence was committed was in charge of, and was responsible to, the society or trust for the conduct of the business of the society or the trust, as well as the society or trust, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised reasonable care to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a society or trust and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any promoter, director, manager, secretary, trustee or other officer of the society or trust, such promoter, director, manager, secretary, trustee or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section, a society means any body corporate registered under the societies registration act, 21 of or any other state act governing the registration of societies b trust means any body registered under the indian trusts act, 2 of or any other state act governing the registration of trusts c director, in relation to a society or trust, means a member of its governing board other than an ex officio member representing the interests of the central or state government or the appropriate statutory authority. 1. ins. by act 3 of , s. 7 w.e.f. .

section 22c. of the unlawful activities prevention act : 122c. punishment for offences by companies, societies or trusts.where any offence under the act has been committed by a company or a society or a trust, as the case may be, every person including promoter of company or trust or settlor of the trust who at the time of the offence was either in charge or responsible for the conduct of the business shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable with fine which shall not be less than five crore rupees and which may extend to ten crore rupees. 1. ins. by act 3 of , s. 7 w.e.f. .

section 27. of the unlawful activities prevention act : 1 no order forfeiting any proceeds of terrorism shall be made under section 26 unless the person holding or in possession of such proceeds is given a notice in writing informing him of the grounds on which it is proposed to forfeit the proceeds of terrorism and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter. 2 no order of forfeiture shall be made under subsection 1, if such person establishes that he is a bona fide transferee of such proceeds for value without knowing that they represent proceeds of terrorism. 3 it shall be competent for the court to make an order in respect of property seized or attached, a directing it to be sold if it is a perishable property and the provisions of section 459 of the code shall, as nearly as may be practicable, apply to the net proceeds of such sale b nominating any officer of the central government or the state government, in the case of any other property, to perform the function of the administrator of such property subject to such conditions as may be specified by the court.

section 24. of the unlawful activities prevention act : 124. reference to proceeds of terrorism to include any property intended to be used for terrorism.in this chapter, unless the context otherwise requires, all references toproceeds of terrorism shall include any property intended to be used for terrorism. 1. subs. by s. 10, ibid., for section 24 w.e.f. .

section 25. of the unlawful activities prevention act : 1 if an officer investigating an offence committed under chapter iv or chapter vi, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the director general of the police of the state 1in which such property is situated, or where the investigation is conducted by an officer of the national investigation agency, with the prior approval of the director general of national investigation agency, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the designated authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned. 2 the investigating officer shall duly inform the designated authority within fortyeight hours of the seizure or attachment of such property. 3 the designated authority before whom the seized or attached property is produced shall either confirm or revoke the order of seizure or attachment so issued within a period of sixty days from the date of such production: provided that an opportunity of making a representation by the person whose property is being seized or attached shall be given. 4 in the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the designated authority, when the investigating officer notifies his report and places it at the disposal of the designated authority. 5 the investigating officer may seize and detain any cash to which this chapter applies if he has reasonable grounds for suspecting that a it is intended to be used for the purposes of terrorism or b it forms the whole or part of the resources of a terrorist organisation: provided that the cash seized under this subsection by the investigating officer shall be released within a period of fortyeight hours beginning with the time when it is seized unless the matter involving the cash is before the designated authority and such authority passes an order allowing its retention beyond fortyeight hours. explanation.for the purposes of this subsection, cash means a coins or notes in any currency b postal orders c travellers cheques 2ca credit or debit cards or cards that serve a similar purpose d bankers drafts and e such other monetary instruments as the central government or, as the case may be, the state government may specify by an order made in writing. 6 any person aggrieved by an order made by the designated authority may prefer an appeal to the court within a period of thirty days from the date of receipt of the order, and the court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property 1. subs. by act 28 of , s. 3, for in which such property is situated, make an order w.e.f. 2. ins. by act 35 of , s. 11 w.e.f. .

section 26. of the unlawful activities prevention act : where any property is seized or attached on the ground that it constitutes proceeds of terrorism and the court confirms the order in this regard under subsection 6 of section 25, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached, is prosecuted in a court for an offence under chapter iv or chapter vi.

section 28. of the unlawful activities prevention act : 1 any person aggrieved by an order of forfeiture under section 26 may, within one month from the date of the receipt of such order, appeal to the high court within whose jurisdiction, the court, which passed the order appealed against, is situated. 2 where an order under section 26 is modified or annulled by the high court or where in a prosecution instituted for any offence under chapter iv or chapter vi, the person against whom an order of forfeiture has been made under section 26 is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the central government with reasonable interest calculated from the day of seizure of the property and such price shall be determined in the manner prescribed.

section 34. of the unlawful activities prevention act : where any share in a company stand forfeited to the central government or the state government, as the case may be, under this chapter, then, the company shall, on receipt of the order of the court, notwithstanding anything contained in the companies act, 1 of , or the articles of association of the company, forthwith register the central government or the state government, as the case may be, as the transferee of such share.

section 29. of the unlawful activities prevention act : the order of forfeiture made under this chapter by the court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under chapter iv or chapter vi.

section 30. of the unlawful activities prevention act : 1 where any claim is preferred or any objection is made to the seizure or attachment of any property under section 25 on the ground that such property is not liable to seizure or attachment, the designated authority before whom such property is produced, shall proceed to investigate the claim or objection: provided that no such investigation shall be made where the designated authority considers that the claim or objection is designed to cause unnecessary delay. 2 where an appeal has been preferred under subsection 6 of section 25 and any claimant or objector establishes that the property specified in the notice issued under section 27 is not liable to be forfeited under this chapter, the said notice shall be withdrawn or modified accordingly.

section 35. of the unlawful activities prevention act : show related subordinates 1 35. amendment of schedule, etc. 1 the central government may, by 2notification, in the official gazette, a add an organisation to the 3first schedule 4or the name of an individual in the fourth schedule b add also an organisation to the 3first schedule, which is identified as a terrorist organisation in a resolution adopted by the security council under chapter vii of the charter of the united nations, 4or the name of an individual in the fourth schedule, to combat international terrorism c remove an organisation from the 3first schedule 4or the name of an individual from the fourth schedule d amend the 3first schedule 4or the fourth schedule in some other way. 2 the central government shall exercise its power under clause a of subsection 1 in respect of 5an organisation or an individual only if it believes that such organisation or individual is involved in terrorism. 3 for the purposes of subsection 2, 6an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual a commits or participates in acts of terrorism, or b prepares for terrorism, or c promotes or encourages terrorism, or d is otherwise involved in terrorism. 74 the central government may, by notification in the official gazette, add to or remove or amend the second schedule or third schedule and thereupon the second schedule or the third schedule, as the case may be, shall be deemed to have been amended accordingly. 5 every notification issued under subsection 1 or subsection 4 shall, as soon as may be after it is issued, be laid before parliament. 1. subs. by 28 of , s. 4 for terrorist organisations: w.e.f. . 2. subs. by act 3 of s. 12, for order w.e.f. . 3. subs. by s. 12, ibid., for schedule w.e.f. . 4. ins. by act 28 of s. 5 w.e.f. . 5. subs. by act 28 of , s. 5, for an organisation only if it believes that it is w.e.f. . 6. subs. by s. 5, ibid., for an organisation shall be deemed to be involved in terrorism if it w.e.f. . 7. ins. by act 3 of , s. 12 w.e.f. .

section 31. of the unlawful activities prevention act : the designated authority, acting under the provisions of this chapter, shall have all the powers of a civil court required for making a full and fair inquiry into the matter before it.

section 32. of the unlawful activities prevention act : where, after the issue of an order under section 25 or issue of a notice under section 27, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this chapter, be ignored and if such property is subsequently forfeited, the transfer of such property shall be deemed to be null and void.

section 38. offence relating to membership of a terrorist organisation of the unlawful activities prevention act : 1 a person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation: provided that this subsection shall not apply where the person charged is able to prove a that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member and b that he has not taken part in the activities of the organisation at any time during its inclusion in the 1first schedule as a terrorist organisation. 2 a person, who commits the offence relating to membership of a terrorist organisation under subsection 1, shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both. 1. subs. by act 28 of , s. 7 for schedule w.e.f. .

section 33. of the unlawful activities prevention act : 1 where any person is accused of an offence under chapter iv or chapter vi, it shall be open to the court to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, if not already attached under this chapter. 2 where a person has been convicted of any offence punishable under chapter iv or chapter vi, the court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the central government or the state government, as the case may be, free from all encumbrances. 13 where any person is accused of an offence concerning high quality counterfeit indian currency, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to the value of such high quality counterfeit indian currency involved in the offence including the face value of such currency which are not defined to be of high quality, but are part of the common seizure along with the high quality counterfeit indian currency. 4 where a person is accused of an offence punishable under chapter iv or chapter vi, the court may pass an order directing attachment or forfeiture, as the case may be, of property equivalent to or the value of the proceeds of terrorism involved in the offence. 5 where any person is accused of an offence under chapter iv or chapter vi, it shall be open to the court to pass an order that all or any of the property, movable or immovable or both, belonging to him shall, where the trial under the act cannot be concluded on account of the death of the accused or being declared a proclaimed offender or for any other reason, be confiscated on the basis of material evidence produced before the court. 1. ins. by act 3 of , s. 11 w.e.f.

section 41. of the unlawful activities prevention act : an association shall not be deemed to have ceased to exist by reason only of any formal act of its dissolution or change of name but shall be deemed to continue so long as any actual combination for the purposes of such association continues between any members thereof.

section 36. of the unlawful activities prevention act : 36. denotification of 1terrorist organisation or individual. 1 an application may be made to the central government for the exercise of its power under clause c of subsection 1 of section 35 to remove 2an organisation from the first schedule, or as the case may be, the name of an individual from the fourth schedule. 2 an application under subsection 1 may be made by a the organisation, or b any person affected by inclusion of the organisation in the 3first schedule as a terrorist organisation, or. 4c any person affected by inclusion of his name in the fourth schedule as a terrorist. 3 the central government may prescribe the procedure for admission and disposal of an application made under this section. 4 where an application under subsection 1 has been rejected, the applicant may apply for a review to the review committee constituted by the central government under subsection 1 of section 37 within one month from the date of receipt of the order of such refusal by the applicant. 5 the review committee may allow an application for review against rejection, to remove 5an organisation from the first schedule or the name of an individual from the fourth schedule, if it considers that the decision to reject was flawed when considered in the light of the principles applicable on an application for judicial review. 6 where the review committee allows review under subsection 5 by or in respect of 6or an individual, it may make an order to such effect. 7 where an order is made under subsection 6, the central government shall, as soon as the certified copy of the order is received by it, make an order removing the organisation from the 7first schedule or the name of an individual from the fourth schedule. 1. subs. by act 28 of , s. 6, for a terrorist organisation w.e.f. . 2. subs. by s. 6, ibid., for an organisation from the schedule w.e.f. . 3. subs. by s. 6, ibid., for schedule as a terrorist organization w.e.f. . 4. ins. by s. 6, ibid. w.e.f. . 5. subs. by s. 6, ibid., for an organisation from the schedule w.e.f. . 6. ins. by s. 6, ibid., w.e.f. . 7. subs. by s. 6, ibid., for schedule w.e.f. .

section 37. of the unlawful activities prevention act : 1 the central government shall constitute one or more review committees for the purposes of section 36. 2 every such committee shall consist of a chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed. 3 a chairperson of the committee shall be a person who is, or has been, a judge of a high court, who shall be appointed by the central government and in the case of appointment of a sitting judge, the concurrence of the chief justice of the concerned high court shall be obtained.

section 43a. of the unlawful activities prevention act : 143a. power to arrest, search, etc.any officer of the designated authority empowered in this behalf, by general or special order of the central government or the state government, as the case may be, knowing of a design to commit any offence under this act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place. 1. ins. by act 35 of , s. 12 w.e.f. .

section 40. offence of raising fund for a terrorist organisation of the unlawful activities prevention act : 1 a person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation, a invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism or b receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism or c provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism. 1explanation.for the purposes of this subsection, a reference to provide money or other property includes a of its being given, lent or otherwise made available, whether or not for consideration or b raising, collecting or providing funds through production or smuggling or circulation of high quality counterfeit indian currency. 2 a person, who commits the offence of raising fund for a terrorist organisation under subsection 1, shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both. 1. subs. by act 3 of , s. 13, for the explanation w.e.f. .

section 39. of the unlawful activities prevention act : 1 a person commits the offence relating to support given to a terrorist organisation, a who, with intention to further the activity of a terrorist organisation, i invites support for the terrorist organization and ii the support is not or is not restricted to provide money or other property within the meaning of section 40 or b who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is i to support the terrorist organization or ii to further the activity of the terrorist organization or iii to be addressed by a person who associates or professes to be associated with the terrorist organisation or c who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity. 2 a person, who commits the offence relating to support given to a terrorist organisation under subsection 1 shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both.

section 42. of the unlawful activities prevention act : show related subordinates the central government may, by notification in the official gazette, direct that all or any of the powers which may be exercised by it under section 7, or section 8, or both, shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any state government and the state government may, with the previous approval of the central government, by order in writing, direct that any power which has been directed to be exercised by it shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised by any person subordinate to the state government as may be specified therein.

section 43c. of the unlawful activities prevention act : 143c. application of provisions of codethe provisions of the code shall apply, insofar as they are not inconsistent with the provisions of this act, to all arrests, searches and seizures made under this act. 1. ins. by act 35 of , s. 12 w.e.f. .

section 43. of the unlawful activities prevention act : notwithstanding anything contained in the code, no police officer, a in the case of the delhi special police establishment, constituted under subsection 1 of section 2 of the delhi special police establishment act, 25 of , below the rank of a deputy superintendent of police or a police officer of equivalent rank b in the metropolitan areas of mumbai, kolkata, chennai and ahmedabad and any other metropolitan area notified as such under subsection 1 of section 8 of the code, below the rank of an assistant commissioner of police 1ba in the case of national investigation agency, below the rank of inspector c in any case not relatable to clause a 1or clause ba, below the rank of a deputy superintendent of police or a police officer of an equivalent rank, shall investigate any offence punishable under chapter iv or vi. 1. ins. by act 28 of , s. 8 w.e.f. .

section 43b. of the unlawful activities prevention act : 143b. procedure of arrest, seizure, etc1 any officer arresting a person under section 43a shall, as soon as may be, inform him of the grounds for such arrest. 2 every person arrested and article seized under section 43a shall be forwarded without unnecessary delay to the officerincharge of the nearest police station. 3 the authority or officer to whom any person or article is forwarded under subsection 2 shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the code. 1. ins. by act 35 of , s. 12 w.e.f. .

section 43d. of the unlawful activities prevention act : 143d. modified application of certain provisions of the code.1 notwithstanding anything contained in the code or any other law, every offence punishable under this act shall be deemed to be a cognizable offence within the meaning of clause c of section 2 of the code, and cognizable case as defined in that clause shall be construed accordingly. 2 section 167 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that in subsection 2, a the references to fifteen days, ninety days and sixty days, wherever they occur, shall be construed as references to thirty days, ninety days and ninety days respectively and b after the proviso, the following provisos shall be inserted, namely: provided further that if it is not possible to complete the investigation within the said period of ninety days, the court may if it is satisfied with the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days: provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody. 3 section 268 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that a the reference in subsection 1 thereof i to the state government shall be construed as a reference to the central government or the state government. ii to order of the state government shall be construed as a reference to order of the central government or the state government, as the case may be and b the reference in subsection 2 thereof, to the state government shall be construed as a reference to the central government or the state government, as the case may be. 4 nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this act. 5 notwithstanding anything contained in the code, no person accused of an offence punishable under chapters iv and vi of this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release: provided that such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. 6 the restrictions on granting of bail specified in subsection 5 is in addition to the restrictions under the code or any other law for the time being in force on granting of bail. 7 notwithstanding anything contained in subsections 5 and 6, no bail shall be granted to a person accused of an offence punishable under this act, if he is not an indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing. 1. ins. by act 35 of , s. 12 w.e.f. .

section 47. of the unlawful activities prevention act : 1 save as otherwise expressly provided in this act, no proceeding taken under this act by the central government or the district magistrate or any officer authorised in this behalf by the central government or the district magistrate, shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 2 notwithstanding anything contained in subsection 1, no civil court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority in relation to the matters referred to in section 36.

section 43e. of the unlawful activities prevention act : 143e. presumption as to offence under section 15.in a prosecution for an offence under section 15, if it is proved a that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence or b that by the evidence of the expert the fingerprints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the court shall presume, unless the contrary is shown, that the accused has committed such offence. 1. ins. by act 35 of , s. 12 w.e.f. .

section 43f. of the unlawful activities prevention act : 143f. obligation to furnish information.1 notwithstanding anything contained in any other law, the officer investigating any offence under this act, with the prior approval in writing of an officer not below the rank of a superintendent of police, may require any officer or authority of the central government or a state government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or its possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this act. 2 the failure to furnish the information called for under subsection 1, or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 3 notwithstanding anything contained in the code, an offence under subsection 2 shall be tried as a summary case and the procedure prescribed in chapter xxi of the said code except subsection 2 of section 262 shall be applicable thereto. 1. ins. by act 35 of , s. 12 w.e.f. .

section 48., inconsistent with other enactments. of the unlawful activities prevention act : the provisions of this act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act.

section 44. of the unlawful activities prevention act : 1 notwithstanding anything contained in the code, the proceedings under this act may, for reasons to be recorded in writing, be held in camera if the court so desires. 2 a court, if on an application made by a witness in any proceeding before it or by the public prosecutor in relation to such witness or on its own motion, is satisfied that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such witness secret. 3 in particular, and without prejudice to the generality of the provisions of subsection 2, the measures which a court may take under that subsection may include a the holding of the proceedings at a place to be decided by the court b the avoiding of the mention of the name and address of the witness in its orders or judgments or in any records of the case accessible to public c the issuing of any directions for securing that the identity and address of the witness are not disclosed d a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner. 4 any person who contravenes any decision or direction issued under subsection 3, shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine.

section 45. of the unlawful activities prevention act : 11 no court shall take cognizance of any offence i under chapter iii without the previous sanction of the central government or any officer authorised by the central government in this behalf ii under chapter iv and vi without the previous sanction of the central government or, as the case may be, the state government, and 2if such offence is committed against the government of a foreign country without the previous sanction of the central government. 32 sanction for prosecution under subsection 1 shall be given within such time as may be prescribed only after considering the report of such authority appointed by the central government or, as the case may be, the state government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation, within such time as may be prescribed, to the central government or, as the case may be, the state government. 1. section 45 renumbered as subsection 1 thereof by act 35 of , s. 13 w.e.f. . 2. subs. by act 28 of , s. 9 for where w.e.f. . 3. ins. by act 35 of , s. 13 w.e.f. .

section 46. of the unlawful activities prevention act : notwithstanding anything contained in the indian evidence act, 1 of or any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under the provisions of the indian telegraph act, 13 of or the information technology act, 21 of or any other law for the time being in force, shall be admissible as evidence against the accused in the court during the trial of a case: provided that the contents of any wire, electronic or oral communication intercepted or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each accused has been furnished with a copy of the order of the competent authority under the aforesaid law, under which the interception was directed, not less than ten days before trial, hearing or proceeding: provided further that the period of ten days may be waived by the judge trying the matter, if he comes to the conclusion that it was not possible to furnish the accused with such order ten days before the trial, hearing or proceeding and that the accused shall not be prejudiced by the delay in receiving such order.

section 49. of the unlawful activities prevention act : no suit, prosecution or other legal proceeding shall lie against a the central government or a state government or any officer or authority of the central government or state government or district magistrate or any officer authorised in this behalf by the government or the district magistrate or any other authority on whom powers have been conferred under this act, for anything which is in good faith done or purported to be done in pursuance of this act or any rule or order made thereunder and b any serving or retired member of the armed forces or paramilitary forces in respect of any action taken or purported to be taken by him in good faith, in the course of any operation directed towards combating terrorism.

section 53. of the unlawful activities prevention act : 11 every order and every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or rule or both houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule. 22 the order referred to in entry 33 of the schedule and every amendment made to that order shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions. 1. section 53 renumbered as subsection 1 thereof by s. 16, ibid. w.e.f. . 2. ins. by s. 16, ibid. w.e.f. .

section 50. of the unlawful activities prevention act : nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the navy, army or air force or other armed forces of the union.

section 51. impounding of passport and arms licence of person charge sheeted under the act of the unlawful activities prevention act : notwithstanding anything contained in any other law for the time being in force, the passport and the arms licence of a person, who is chargesheeted for having committed any offence under this act, shall be deemed to have been impounded for such period as the court may deem fit.

section 51a. of the unlawful activities prevention act : 151a. certain powers of the central government.for the prevention of, and for coping with terrorist activities, the central government shall have power to a freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the schedule to the order, or any other person engaged in or suspected to be engaged in terrorism b prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism c prevent the entry into or the transit through india of individuals listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism. 1. ins. by act 35 of , s. 14 w.e.f. .

section 52. of the unlawful activities prevention act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the service of notices or orders issued or made under this act and the manner in which such notices or orders may be served, where the person to be served is a corporation, company, bank or other association b the procedure to be followed by the tribunal or a district judge in holding any inquiry or disposing of any application under this act c determination of the price of the forfeited property under subsection 2 of section 28 d the procedure for admission and disposal of an application under subsection 3 of section 36 e the qualifications of the members of the review committee under subsection 2 of section 37 and 1ee the time within which sanction for prosecution and recommendation to the central government shall be given under subsection 2 of section 45, and f any other matter which is required to be, or may be, prescribed. 1. ins. by act 35 of , s. 15 w.e.f. .

section 7. of the banaras hindu university act : 1 the chancellor shall be elected by the court and shall hold office for a term of three years: provided that the chancellor shall, notwithstanding the expiration of his term, continue to hold his office until the election of his successor. 2 if the office of the chancellor becomes vacant, the functions of his office shall, until some person is elected under subsection 1 to the vacant office, be performed by the vicechancellor.

section 1. of the banaras hindu university act : 1 this act may be called the 1banaras hindu university act, . 2 it shall come into force on such date2 as the central government may, by notification in the official gazette, direct. 1. subs. by act 55 of , s. 2, for benares w.e.f. . 2. 1st april, , see gazette of india, , pt. i. p. 352.

section 2. of the banaras hindu university act : 12. definitions.in this act, unless the context otherwise requires, a academic council means the academic council of the university. b college means a college or teaching institution other than a secondary, primary or infant school or pathasala maintained by, or admitted to the privileges of, the university c court means the university court d executive council means the university executive council e faculty means a faculty of the university f ordinances means the ordinances of the university for the time being in force g regulations means the regulations of the university for the time being in force h statutes means the statutes of the university for the time being in force i teacher means a salaried professor, reader, lecturer or tutor who imparts instruction in a faculty of, or in a college maintained by, the university and includes any other person who is declared to be a teacher by the academic council j university means the banaras hindu university. 1. subs. by act 52 of , s. 2, for section 2 w.e.f. .

section 4. of the banaras hindu university act : 14. university open to all classes, castes and creeds.the university shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except in respect of any particular benefaction accepted by the university, where such test is made a condition thereof by any testamentary, or other instrument creating such benefaction: provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the ordinances 2to those who, or, in the case of minors, whose parents or guardians have given their consent thereto in writing. 1. subs. by act 55 of , s. 3, for subsections 4, 5 and 6 w.e.f. . 2. subs. by act 52 of , s. 4, for to those who have consented to receive it w.e.f. .

section 6. of the banaras hindu university act : 16. officers of the university.the following shall be the officers of the university, namely: a the chancellor, b the vicechancellor, c the rector, d the registrar, e the finance officer, f the deans of faculties, g the dean of students, h the librarian, i the chief proctor, j such other persons in the service of the university as may be declared by the statutes to be the officers of the university. 1. subs. by act 52 of , s. 7, for sections 6 and 7 w.e.f. .

section 7a. of the banaras hindu university act : 1 the chancellor shall, by virtue of his office, be the head of the university. 2 the chancellor shall, if present, preside at convocation of the university for conferring degrees and at all meetings of the court.

section 3. of the banaras hindu university act : 41 the chancellor and the vicechancellor and the members of the court, the executive council and the academic council, for the time being shall be a body corporate by the name of the banaras hindu university. 2 the university shall have perpetual succession and a common seal, and shall sue, and be sued, by the name first aforesaid. 5 1. subs. by s. 3, ibid., for subsection 1 w.e.f. . 2. subsection 3 omitted by s. 3, ibid. w.e.f. .

section 7c. of the banaras hindu university act : 1 the vicechancellor who shall be the principal executive and academic officer of the university, shall take rank next to the chancellor and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of its authorities. 2 the vicechancellor shall be the ex officio chairman of the executive council, the academic council 1 and the finance committee and shall, in the absence of the chancellor, preside at any convocation of the university for conferring degrees and also at any meeting of the court he shall be entitled to be present at and to address any meeting of any authority or board or committee of the university but shall not be entitled to vote thereat unless he is a member of such authority or board or committee. 3 it shall be the duty of the vicechancellor to see that the provisions of this act, the statutes, the ordinances and the regulations are duly observed. 4 the vicechancellor shall have power to convene meetings of the court, the executive council, 2and the academic council and shall perform all such acts as may be necessary to carry out the provisions of this act, the statutes and the ordinances. 5 if, in the opinion of the vicechancellor, any emergency has arisen which requires immediate action to be taken, the vicechancellor shall take such action as he deems necessary and shall report the same for approval at the next meeting to the authority which, in the ordinary course, would have dealt with the matter: provided that, if the action taken by the vicechancellor is not approved by the authority concerned, he may refer the matter to the visitor, whose decision thereon shall be final. provided further that, where any such action taken by the vicechancellor affects any person in the service of the university, such person, shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, an appeal to the executive council. 6 the vicechancellor shall exercise such other powers as may be prescribed by the statutes, the ordinances or the regulations. 1. the words , the standing committee of the academic council omitted by act 34 of , s. 3 w.e.f. . 2. subs. by s. 2, ibid., for , the academic council and the standing committee of the academic council w.e.f. .

section 5. of the banaras hindu university act : 1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its buildings, laboratories and equipment 1of any college and of any institution maintained by university, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the university. 3 the visitor shall in every case give notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 4 the visitor may address the vicechancellor with reference to the result of such inspection and inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 5 the executive council shall communicate through the vicechancellor to the visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. 6 where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall be bound to comply with such directions. 7 without prejudice to the foregoing provisions of this section the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same. 1. ins. by s. 6, ibid. w.e.f. .

section 4a. of the banaras hindu university act : 14a. powers of the university.the university shall have the following powers, namely: 1 to provide for instruction in such branches of learning as the university may think fit, and to make provision for research and for the advancement and dissemination of knowledge 22 to promote the study of religion, literature, history, science and art of vedic, hindu, buddhist, jain, islamic, sikh, christian, zoroastrian and other civilisations and cultures 3 to hold examinations and to grant diplomas and certificates, and confer degrees and other academic distinctions to and on persons a who shall have pursued a course of study in the university or in a college and passed the examination or who shall have carried on research work in the manner prescribed by the ordinances, or b who are teachers of the university or any college under conditions laid down in the statutes or the ordinances and shall have passed the examinations of the university under like conditions, or c who, being women, shall have pursued a course of private study in subjects provided for by the ordinances and shall have passed the examinations of the university in their subjects under conditions laid down in the ordinances 4 to confer honorary degrees or other distinctions in the manner laid down in the statutes 5 to grant such diplomas 3or certificates to, and to provide such lectures and instruction for, persons not being members of the university as the university may determine 35a to withdraw degrees, diplomas, certificates and other academic distinctions 6 to cooperate with other universities and authorities in such manner and for such purposes as the university may determine 7 to institute professorships, readerships, lectureships and other teaching posts required by the university and to appoint persons to such professorships, readerships and lectureships and other posts 8 to institute and award fellowships including travelling fellowships, scholarships, studentships, exhibitions and prizes in accordance with the statutes and the ordinances 9 to institute and maintain halls and hostels and to recognise places of residence for students of the university 49a to institute, establish, maintain, reconstitute, amalgamate, divide or abolish departments, faculties or colleges and carry out inspection thereof and inquiry in relation thereto 10 to demand and receive such fees and other charges as may be prescribed by the ordinances 11 to supervise and control the residence and to regulate the discipline of students of the university, and to make arrangements for promoting their health 4and welfare. 12 to make special arrangements in respect of the residence, discipline, and teaching of women students 412a to regulate and enforce discipline among salaried officers, teachers and other employees of the university in accordance with the statutes and ordinances 13 to create administrative, ministerial and other necessary posts and to make appointments thereto 5 413a to acquire, hold, manage and dispose of property, movable or immovable, including trust or endowed property, for the purposes of the university 13b with the approval of the central government, to borrow on the security of the property of the university, money for the purpose of the university 14 to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the university. 1. subs. by act 55 of , s. 3, for subsections 4, 5 and 6 w.e.f. . 2. subs. by s. 5, ibid., for clauses 2 and 3 w.e.f. . 3. ins. by s. 5, ibid. w.e.f. . 4. ins. by act 52 of , s. 5 w.e.f. . 5. the word and omitted by s. 5, ibid. w.e.f. .

section 7b. of the banaras hindu university act : 11 the vicechancellor shall be appointed by the visitor on the recommendation of a selection committee constituted by the visitor for the purpose: provided that, if the visitor does not approve of such recommendation, he may call for one or more fresh recommendations. 3 the vicechancellor shall be a wholetime salaried officer of the university. 4 the vicechancellor shall hold office for a term of 2three years from the date on which he enters upon his office and shall, on the expiration of his term of office, be 3eligible for reappointment to that office for a second term: provided that the vicechancellor shall, notwithstanding the expiration of his term, continue to hold his office until his successor is appointed and enters upon his office. 5 the emoluments and other terms and conditions of service of the vicechancellor shall be prescribed by the statutes. 6 if the office of the vicechancellor becomes vacant, the functions of his office shall, until some person is appointed under subsection 1 to the vacant office, be performed by the rector: provided that if there is no rector, the registrar shall carry on the current duties of the vicechancellor and call a meeting of the executive council forthwith and take its directions for the carrying on of the work of the university. 1. subs. by act 34 of , s. 2, for subsections 1 and 2 w.e.f. . 2. subs. by s. 2, ibid., for five years w.e.f. . 3. subs. by s. 2, ibid., for ineligible for reappointment to that office w.e.f. .

section 8. of the banaras hindu university act : subject to the provisions of this act, the powers and duties of 1the other officers of the university the term for which they shall hold office, and the filling up of casual vacancies in such offices, shall be provided for by the statutes. 1. subs. by act 52 of , s. 8, for the officers of the university w.e.f. .

section 8a. of the banaras hindu university act : 18a. authorities of the university.the following shall be the authorities of the university, namely: a the court, b the executive council, c the academic council, 2 e the finance committee, f the faculties, g such other authorities as may be declared by the statutes to be the authorities of the university. 1. ins. by s. 9, ibid. w.e.f. . 2. clause d omitted by act 34 of , s. 4 w.e.f. .

section 12b. of the banaras hindu university act : 112b. disqualifications.1 a person shall be disqualified for being chosen as, and for being a member of any of the authorities of the university a if he is of unsound mind or is a deafmute or suffers from contagious leprosy b if he is an undischarged insolvent c if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months. 2 if any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in subsection 1, the question shall be referred for the decision of the visitor and his decision shall be final, and no suit or other proceeding shall lie in any court of law against such decision. 1. subs. by act 52 of , s. 12, for section 12a w.e.f. .

section 9. of the banaras hindu university act : 1 29. the court.the court shall be an advisory body and its functions shall be a to advise the visitor in respect of any matter which may be referred to it for advice b to advise any authority of the university in respect of any matter which may be referred to the court by such authority and c to perform such other duties and exercise such other powers as may be assigned to it by the visitor or under this act. 1. subs. by s. 5, ibid., for sections 9 and 9a w.e.f. . 2. subs. by act 52 of , s. 10, for sections 9 and 10 w.e.f. .

section 10. of the banaras hindu university act : 1 the executive council shall, subject to the control of the 1visitor be the executive body of the university and shall have charge of the management and administration of the revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided for. 2 subject to the provisions of this act, the executive council shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the statutes or the ordinances. 1. subs. by act 34 of , s. 6, for court w.e.f. .

section 13. of the banaras hindu university act : 11 the accounts of the university shall, once at least in every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india. 2 the accounts, when audited, shall be published in the official gazette and a copy of the accounts, together with the auditors reports, shall be 2submitted 3 to the visitor. 43 a copy of the accounts, together with the auditors report, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. subs. by act 55 of , s. 9, for subsection 1 w.e.f. 2. subs. by act 52 of , s. 13, for submitted to the visitor w.e.f. . 3. the words to the court and omitted by act 34 of , s. 8 w.e.f. . 4. ins. by act 25 of , s. 2 w.e.f. .

section 11. of the banaras hindu university act : 1 the 1academic council shall be the academic body of the university and, subject to the act, the statutes and 2ordinances shall have 3 charge of the organization of 4study and research in the university and the colleges, the courses of study and the examination 5 of students and the conferment of ordinary and honorary degrees 6and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the statutes and ordinances, and shall have the right to advise the executive council on all academic matters. 7 1. subs. by act 55 of , s. 2, for senate w.e.f. . 2. subs. by s. 2, ibid., for regulations w.e.f. . 3. the word entire omitted by s. 7, ibid. w.e.f. . 4. subs. by act 52 of , s. 11, for instruction w.e.f. . 5. the words and discipline omitted by s. 11, ibid. w.e.f. . 6. ins. by s. 11, ibid. w.e.f. . 7. subsection 2 omitted by act 55 of , s. 7 w.e.f. .

section 12.. of the banaras hindu university act : the standing committee of the academic council. omitted by the banaras hindu university amendment act 34 of , s. 7 w.e.f. .

section 15. of the banaras hindu university act : 1 the central hindu college, 1banaras, shall, from such 2date as the central government may, by notification in the official gazette, appoint in this behalf, be deemed to be a college maintained by the university, and the university may found and maintain other colleges and 3institutions including high schools, within a radius of fifteen miles from the main temple of the university for the purpose of carrying out instruction and research. 41a the university may also found and maintain within or beyond the aforementioned limits special centers and laboratories for research in humanities, science and technology, education, medicine and other professional subjects and in other spheres of learning and knowledge. 2 with the approval of the 5academic council and the sanction of the visitor, and subject to the statutes and 6ordinances the university may admit colleges and 7institutions including high schools, within the aforementioned limits to such privileges of the university, subject to such conditions, as it thinks fit. 4provided that no new college or institution started after the commencement of the banaras hindu university amendment act, , shall be admitted to any such privileges of the university. 1. subs. by act 55 of , s. 2, for benares w.e.f. . 2. 1st october, , see gazette of india, , pr. i, p. . 3. subs. by act 55 of , s. 11, for institutions in benares w.e.f. . 4. ins. by act 52 of , s. 15 w.e.f. . 5. subs. by act 55 of , s. 2, for senate w.e.f. . 6. subs. by s. 2, ibid., for regulations w.e.f. . 7. subs. by s. 11, ibid., for institutions in benares w.e.f. .

section 12a. of the banaras hindu university act : 112a. other authorities.subject to the provisions of the this act, the functions, powers and duties of the other authorities of the university shall be provided for by the statutes. 1. subs. by act 52 of , s. 12, for section 12a w.e.f. .

section 13a. of the banaras hindu university act : 113a. annual report.1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or before such date as may be prescribed by the statutes and shall be considered by the court in its annual meeting. 2 the court may communicate its comments thereon to the executive council. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by s. 3, ibid. w.e.f. .

section 16b. of the banaras hindu university act : 116b. conditions of service of officers and teachers.1 every salaried officer and teacher of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the officer or teacher concerned. 2 any dispute arising out of a contract between the university and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the university, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the officer or the teacher concerned and an umpire appointed by the visitor. 3 the decision of the tribunal of arbitration shall be final and shall not be questioned in any court of law. 4 no suit or proceeding shall lie in any court of law in respect of any matter which is required by subsection 2 to be referred to the tribunal of arbitration. 5 the tribunal of arbitration shall have power to regulate its own procedure. 6 nothing contained in any law for the time being in force relating to arbitration shall apply to arbitrations under this section. 1. ins. by act 52 of , s. 17 w.e.f.

section 17. of the banaras hindu university act : show related subordinates 117. statutes.1 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution of the court and the constitution, powers and duties of the other authorities of the university other than the powers and duties provided for in this act b 2the appointment by election, nomination or otherwise of members of the authorities of the university, their continuance in office, the filling of vacancies of members thereof and all other matters relating to the authorities c the appointment, powers and duties of the officers of the university d the institution of degrees, diplomas, certificates and other academic distinctions e the conferment of honorary degrees f the holding of convocation to confer degrees g the establishment, reconstitution, amalgamation, division or abolition of faculties, departments, hostels, colleges and institutions h the withdrawal of degrees, diplomas, certificates and other academic distinctions i conditions under which colleges and institutions including high schools may be admitted to the privileges of the university and the withdrawal of such privileges j the institution of fellowships, scholarships, studentships, medals and prizes k the registration of graduates and the maintenance of a register of registered graduates l the classification and the manner of appointment of teachers in the university and the colleges m the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the university n the meetings of the court, the executive council, the academic council, 3 the finance committee or the faculties, the quorum at such meetings and the procedure to be followed in the conduct of their bus iness o the discipline of students p all other matters which are to be or may be provided for by the statutes. 2 the statutes in force at the commencement of the banaras hindu university amendment act, 52 of , shall be those set out in the schedule to this act. 43 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes. 54 every new statute or addition to a statute or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction or disallow it or remit it for further consideration. 1. subs. by act 52 of , s. 18, for section 17 w.e.f. . 2. subs. by act 34 of , s. 9, for the election and appointmentw.e.f. . 3. the words the standing committee of the academic council omitted by s. 9, ibid. w.e.f. . 4. subs. by act 34 of , s. 9, for subsections 3, 4, 5 and 6 w.e.f. . 5 subsection 7 renumbered as subsection 4 thereof by s. 9, ibid. w.e.f. .

section 16. of the banaras hindu university act : the degrees, diplomas, certificates and other academic distinctions granted by the university, shall be recognized by 1the central and state governments to the same extent and, in the same manner as the corresponding degrees, diplomas, certificates and other academic distinctions granted by any other university incorporated by 2a central act. 1. subs. by the a.o. , for any government in british india. 2. subs. by the a.o. , for an act of the central legislature.

section 19a. of the banaras hindu university act : 119a. constitution of boards and committees.where any authority of the university is given power by this act or by the statutes to appoint boards or committees, such board or committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons if any as the authority in each case may think fit. 1. subs. by act 52 of , s. 21, for section 19a w.e.f. .

section 14. of the banaras hindu university act : the university shall invest, and keep invested, in securities in which trust funds may be invested, in accordance with the provisions of the law relating to trusts in 1india, a sum of 2fortyfive lakhs of rupees as a permanent endowment to meet the recurring charges of the university other than charges in respect of scholarships, prizes and rewards: provided that 1 any government securities, as defined by the indian securities act, 3 which may be held by the university shall, for the purpose of this section, be reckoned at their facevalue, and 2 4the aforesaid sum of fortyfive lakhs shall be reduced by such sum as, at the commencement of the banaras hindu university amendment act, 52 of the central government shall, by order in writing, declare to be the total capitalised value, for the purposes of this section a of all permanent recurring grants of money which have been made to the university 5byany ruler of any indian state and b of the total income accruing from immovable property which has been transferred to the university. 1. subs. by act 55 of , s. 10, for the states w.e.f. . 2. subs. by act 52 of , s. 14, for fifty lakhs of rupees w.e.f. . 3. subs. by s. 14, ibid., for w.e.f. . 4. subs. by s. 14, ibid., for the aforesaid sum of fifty lakhs shall be reduced by such sum as, at the commencement of this act w.e.f. . 5. subs. by s. 14, ibid., for by any indian prince or chief w.e.f. .

section 16c. of the banaras hindu university act : 116c. proceedings not to be invalidated by vacancies, etc.no act or proceedings of any authority or board or committee of the university shall be invalid merely by reason, of a any vacancy in, or defect in the constitution thereof, or b any defect in the election, nomination or appointment of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case. 1. ins. by act 52 of , s. 17 w.e.f.

section 16a. of the banaras hindu university act : 116a. pension or provident fund.the university shall constitute for the benefit of its officers, teachers and other 2employees such pension or provident fund 3or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 1. ins. by act 29 of , s. 4. 2. subs. by act 52 of , s. 14, for servants w.e.f. . 3. ins. by act 55 of , s. 12 w.e.f. .

section 16d. of the banaras hindu university act : 116d. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against any officer, teacher or other employee of the university for anything which is in good faith done or intended to be done by hi m under this act or the statutes or the ordinances or the regulations. 1. ins. by act 52 of , s. 17 w.e.f. .

section 20. of the banaras hindu university act : 1 from the commencement of this act, the hindu university society shall be dissolved, and all property, movable and immovable, and all rights, powers, and privileges of the hindu university society which, immediately before the commencement of this act, belonged to, or were vested in, the said society, shall vest in the university, and shall be applied to the objects and purposes for which the university is incorporated. 2 from the commencement of this act, all debts and liabilities of the said society shall be transferred and attached to the university, and shall thereafter be discharged and satisfied by the university. 3 any will, deed or other document, whether made or executed before or after the commencement of this act, which contains any bequest, gift or trust in favour of the central hindu college or the said society shall, on the commencement of this act, be construed as if the university were therein named, instead of the said college or society

section 18. of the banaras hindu university act : show related subordinates 118. ordinances.1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university 2c the qualifications for admission to courses of study for degrees, diplomas, certificates and other academic distinctions and to examinations of the university and the award of degrees, diplomas, certificates and other academic distinctions d the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university e the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes f the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators 3ff the remunerations and allowances to examiners, moderators and other persons engaged in the business of the university g the maintenance of discipline among the students of the university h the conditions of residence of students at the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses of study j the giving of religious instruction k the emoluments and the terms and conditions of service of 4employees of the university: l the management of colleges and other institutions founded or maintained under subsection 1 of section 15 3ll the meetings of any board or committee that may be set up under this act or the statutes, the quorum at such meetings and the procedure to be followed in the conduct of their business m the supervision and inspection of colleges and other institutions admitted to privileges of the university under subsection 2 of section 15 5 6mm the powers and duties of teachers and salaried officers and the powers which may be delegated to them mmm the conditions and qualifications for the registration of graduates n all other matters which by this act or the statutes are to be or may be provided for by the ordinances. 2 the regulations of the university as in force immediately before the commencement of the banaras hindu university amendment act, 55 of , shall be deemed to be the first ordinances made under this section. 3 the said ordinances may be amended, repealed or added to at any time by the executive council: 7provided that no ordinance shall be made a regarding the recognition of examinations of other universities and institutions as equivalent to the university examinations, or b affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or of any course of study, unless a draft of such ordinance has been proposed by the academic council. 4 the executive council shall not have power to amend any draft proposed by the academic council under the provisions of subsection 3 but may reject the proposal or return the draft to the academic council for reconsideration, either in whole or in part, together with any amendments which the executive council may suggest. 85 where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may appeal to the visitor who may pass such order thereon as he thinks fit. 6 all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor who may disallow any such ordinance or remit it to the executive council for further consideration. 7 the visitor may, by order, direct that the operation of any ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this subsection shall cease to have effect on the expiration of one month from the date of such order. 1. subs. by act 55 of , s. 14, for sections 18 and 19 w.e.f. . 2. subs. by act 52 of , s. 19, for clause c w.e.f. . 3. ins. by s. 19, ibid. w.e.f. . 4. subs. by s. 19, ibid., for teachers w.e.f. . 5. the word and omitted by s. 19, ibid. w.e.f. . 6. ins. by act 52 of , s. 19 w.e.f. . 7. subs. by s. 19, ibid., for the proviso w.e.f. . 8. subs. by act 34 of , s. 10, for subsections 5, 6, 7 and 8 w.e.f. .

section 19. of the banaras hindu university act : 1 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances a laying down the procedure to be observed at their meetings and the number of members required to form a quorum b providing for all matters which by this act, the statutes or the ordinances are to be prescribed by regulations, and c providing for all matters solely concerning such authorities or committees appointed by them and not provided for by this act, the statutes or the ordinances. 2 every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. 3 the executive council may direct the amendment, in such manner as it may specify, of any regulation made under this section or the annulment of any such regulation: 1provided that any authority of the university which is dissatisfied with any such direction may, within two months of the date of such direction, appeal to the 2visitor whose decision thereon shall be final. 34 every statute, ordinance or regulation made under this act shall be published in the official gazette. 5 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 1. added by act 52 of , s. 20, w.e.f. . earlier it was omitted by act 34 of , s. 6. 2. subs. by act 34 of , s. 6, for court w.e.f. . 3. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 8. of the indian tramways act : 1 the 1government may, on the application of promoter, revoke, amend, extend or vary the order by a further order. 2 an application for a further order shall be made in the same manner and subject to the same conditions as an application for an order. 3 the 1government may, in its discretion, either grant or reject the application. 4 if it grants the application, it shall make the further order in the same manner as an order, except that no addition to, or modification of, the rights, powers and authorities asked for in the application, or restriction or condition with respect thereto, shall be made or imposed by the further order without the consent in writing of the promoter. 1. subs. by the a.o. , for l.g.

section 2. of the indian tramways act : 1 it extends in the first instance to 1the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states and the territories which were on the 12th march, , respectively, administered by the governor of fort saint george in council, the governor of bombay in council and the lieutenantgovernor of bengal. 32 this act may by notification in the official gazette be extended to the whole or any part of the said territories by the state government concerned. 1. subs. by the a. o. , for all the provinces of india except the territories. 2. subs. by the adaptation of laws no. 2 order, , for part b states. 3. subs. by the a. o. , for subsection 2. this act has been extended to the whole of the bombay presidency except the city of bombay, see bombay gazette, , pt. i, p. 899 and to the city of madras, see fort st. george gazette, , pt. i, p. 750 and to pondicherry by reg.7 of . s. 3 and the first schedule w. e. f. . it has also been partially extended to berar by the berar laws act, 4 of . for separate acts on the subject of tramways in bengal, see the bengal tramways act, ben. 3 of calcutta, see the calcutta tramways electric traction act, ben. 4 of , and the calcutta tramways act, ben. 1 of bombay, see the bombay tramways act, bom. 1 of .

section 9. of the indian tramways act : 1 subject to, and in accordance with, the provisions of this act, the 1government may, on a joint application, or on two or more separate applications, make an order empowering two or more local authorities, respectively, jointly to construct the whole, or separately to construct parts, of a tramway, and jointly or separately to own the whole or parts thereof. 2 all the provisions of this act which relate to the construction of tramways shall extend and apply to the construction of the whole and the separate parts of the tramway, and the form of the order may be adapted to the circumstances of the ease. 1. subs. by the a.o. , for l.g.

section 10. of the indian tramways act : 1 if a promoter authorised by an order to construct a tramway a does not within the time specified in the order substantially commence the construction of the tramway, or b having commenced the construction, suspends it without a reason sufficient in the opinion of the 1government to warrant the suspension, or c does not within the time specified in the order complete the tramway and open it for public traffic, the following consequences shall ensue: i the powers given by the order to the promoter for constructing the tramway and otherwise in relation thereto shall, unless the 1government, by special direction in writing, prolongs the time or condones the suspension, cease to be exercised except as to so much of the tramway as is then completed ii as to so much of the tramway as is then completed, the 1government may either permit, or refuse to permit, the powers given by the order to continue iii if the 1government refuses to permit the powers to continue, then so much of the tramway as is then completed may be dealt with, under the provisions of this act relating to the discontinuance of tramways, as a tramway of the working whereof the discontinuance has been proved to the satisfaction of the 1government. 2 a notification published by the 1government in the official gazette to the effect that on a date specified in the notification the construction of a tramway had not been substantially commenced or a tramway had not been completed and opened for public traffic, or that the construction of a tramway had been suspended without sufficient reason, shall, for the purposes of this section, be conclusive proof of the matter stated therein. 1. subs. by the a.o. , for l.g.

section 4. of the indian tramways act : 1 the 1government may make an order authorizing the construction of a tramway in a circle on application made a by the local authority of the circle with the consent of the roadauthority of any road or part of a road which is to be traversed by the tramway and of which the local authority is not itself the roadauthority or b by any person with the consent of the local authority of the circle, and of the roadauthority of any road or part of a road which is to be traversed by the tramway and of which the local authority is not the roadauthority. 2 2 a local authority shall not make an application for an order, or be deemed to consent to an application being made by any person for an order, unless the making of the application or the giving of the consent has been approved by the local authority in manner prescribed. 1. subs. by the a.o. , for l. g.. 2. proviso omitted, ibid.

section 11. of the indian tramways act : a tramway shall be constructed and maintained in the manner provided by the order.

section 5. of the indian tramways act : when it is proposed to lay a tramway in two or more circles, and a local authority or roadauthority having control in either or any of the circles does not consent thereto, or attaches conditions to its consent, the 1government may, nevertheless, make an order authorising the construction of the tramway in the circle, or by the order impose on the promoter any conditions which it deems fit, if, utter considering the reasons of the authority for withholding its consent or attaching the conditions thereto, it is satisfied that the construction of the tramway in the circle is expedient, or, as the case may be, that the conditions attached by the authority to its consent ought not to be imposed. 1. subs. by the a.o. , for l. g..

section 12. of the indian tramways act : a tramway, or portion of extension of, or addition to, a tramway, shall not be opened for public traffic 1until it has been inspected and certified to be fit for such traffic 2by an engineer appointed by government. 1. subs., by a.o. , for until an engineer appointed in this behalf by the l.g. has inspected it and certified it to be fit for such traffic. 2. subs. by the a. o. , for certain words.

section 7. of the indian tramways act : 1 an order made under section 6 shall empower the promoter therein specified to construct and maintain the tramway therein described in the manner therein provided, and shall specify the time within which the tramway shall be commenced and the time within which it shall be completed and opened for public traffic. 2 the order may also provide, in manner consistent with this act, for all or any of the following, among other matters, that is to say: a a period before the expiration of which the tramway shall not be commenced, and the conditions subject to which the local authority, when it is not itself the promoter, may, within that period elect to be substituted in the place of the promoter in respect of the undertaking or of so much thereof as is within its circle and the limits of time within which, and the terms upon which, the local authority may, after the tramway has been constructed, require the promoter to sell to it the undertaking or so much thereof as is within its circle b the acquisition by the promoter of land for the purposes of the tramway, and the disposal by him of land which has been acquired but is no longer required for those purposes c the conditions subject to which roads may be opened and broken up for the purposes of the construction or maintenance of the tramway or any part thereof, and the method of, and materials to be used in, the reinstating of the roads, and the approval of the method and materials by the 1government or the roadauthority before the commencement of the work d the conditions on which the tramway may be constructed over a bridge or across a railway or tramway when the carriageway over the bridge is to form part of the tramway or when the tramway is to cross a railway or another tramway on the level 2e the space which shall ordinarily intervene between the outside of the carriageway on either side of a road whereon the tramway is to be constructed, and i in the case of a tramway having one rail, the rail of the tramway, or ii in the case of a tramway having two or more rails, the nearest rail of the tramway, and the conditions on which a smaller space may be permitted f the gauge of the tramway, the rails to be used, and the mode in which, and the level at which, they shall be laid and maintained and the adoption and application by the promoter of such improvements in the rails, and in their situation, and in the substructure upon which they rest, as the 1government may from time to time require g the portion of the road or roads traversed by the tramway to be kept in repair by the promoter the maintenance by the promoter to the satisfaction of the 1government, or the roadauthority, or both, of that portion of the road or roads and the liability of the promoter, on the requisition of the 1government, from time to time to adopt and apply such improvements in the tramway as the 1government may consider necessary or desirable for the safety or convenience of the public, and to alter the position or level of the tramway to suit future alterations in the road or roads h the application of material excavated by the promoter in the construction or maintenance of the tramway i the provision of such crossings, passingplaces, sidings, junctions and other works, in addition to those specified in or authorised by the order, as may from time to time be necessary or convenient to the efficient working of the tramway j the powers which may from time to time be exercised by the 1government, the local authority, the roadauthority or any person in respect of sewers, drains, telegraphlines, gaspipes, waterpipes or other things in or on land occupied by the tramway the notice if any to be given of the intended exercise of those powers the manner in which the powers shall be exercised and the extent to which the tramway and the traffic thereon may be interfered with in the exercise thereof k the conditions subject to which the promoter may from time to time interfere with, or alter or require the alteration of the position of, drains not being sewers or main drains, telegraphlines, gaspipes, waterpipes or other things as aforesaid l the provision of a temporary tramway in place of a part of a tramway which has been removed, or of which the use has been discontinued by reason of the execution of any work affecting a road along which the part of the tramway was laid, or by reason of the use of the road being interrupted by floods or other cause m the motive power to be used on the tramway, and the conditions on which steampower or any other mechanical power 3or electrical power may be used n the nature, dimensions, fittings, appliances and apparatus of the carriages to be used on the tramway, and the inspection and examination thereof by officers of the 4government or the local authority, and the liability of the promoter or lessee, on the requisition of the 4government, from time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances and apparatus, as the 4government may consider necessary or desirable for the safety or convenience of the public o the traffic which may be carried on the tramway, the traffic which the promoter or lessee shall be bound to carry, and the traffic which he may refuse to carry the tolls to be leviable by the promoter or lessee, and the periodical revision thereof by the 4government and the regulation of the traffic and of the levy of the tolls p the use of the tramway free of toll by the local authority, with its own carriages, for specified purposes, during specified hours, with power to the local authority to make such sidings and other works as may be necessary for communication between its premises and the tramway q the conditions subject to which the promoter may transfer the undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise and the conditions subject to which the local authority may be the transferee r the performance by the 4government or by the local authority or roadauthority of any work required by the act or the order to be done by the promoter and s the penalty to be incurred by the promoter or lessee for failure to observe any condition or direction contained in ,the order, and the application of the penalty when recovered. 3 the 4government may, in providing in the order for the acquisition of land for the purposes of a tramway of which the promoter is not a company, direct that land may be acquired for the promoter under the provisions of the land acquisition act, 10 of , in the same manner and on the same conditions as it might be acquired for the purposes of the tramway if a company were the promoter. 4 the order shall imply the condition a in the case of a tramway of which a local authority is the promoter, that a lease thereof shall be granted only in manner by this act provided and b in the case of a tramway of which a local authority is not the promoter, that a lease thereof shall be only of the right of user and of demanding and taking the authorized tolls, and shall not confer or impose on the lessee any of the powers or duties of the promoter in respect of the construction or maintenance of the tramway. 1. subs. by the a.o. , for l.g.. 2. subs. by act 5 of , s. 4, for clause e. 3. ins. by act 5 of , s. 5. 4. subs. by the a.o. , for l.g.. 5. the relevant provisions of the land acquisition act, 1 of to be referred to.

section 3. of the indian tramways act : in this act, unless there is something repugnant in the subject or context, 1 local authority means a municipal committee, district board, body of port commissioners or other authority legally entitled to , or entrusted by 1the central government or any state government with, the control or management of a municipal or local fund: 2 road means the way of a road, street, thoroughfare, passage or place along or across which a tramway authorised under this act is, or is intended to be, laid, and includes the surfacesoil and subsoil of a road, and the footway, berms, drains and ditches of a road, and any bridge, culvert or causeway forming part of a road: 3 roadauthority, in relation to a road, means a if a local authority maintains and repairs the road, then that authority b if a local authority does not maintain and repair the road, and the road is neither vested in government nor maintained and repaired by 1 2 government, then the person in whom the road is vested and c if a local authority does not maintain and repair the road, and the road is vested in government or maintained and repaired by 3 4 government, then 5the government for whose purposes a road is so vested or by which the road is maintained and repaired, as the case may be: 4 circle, in relation to a local authority or roadauthority, means the area within the control of that authority: 65 tramway means a tramway having one, two or more rails, and includes a any part of a tramway, or any siding, turnout, connection, line or track belonging to a tramway b any electrical equipment of a tramway and c any electric supplyline transmitting power from a generating station or substation to a tramway or from a generating station to a substation from which power is transmitted to a tramway: 6 order means an order authorising the construction of a tramway under this act, and includes a further order substituted for, or amending, extending or varying, that order: 7 promoter means a local authority or person in whose favour an order has been made, and includes a local authority or person on whom the rights and liabilities conferred and imposed on the promoter by this act and by the order and any rules made under this act as to the construction, maintenance and use of the tramway, have devolved: 8 undertaking includes all moveable and immoveable property of the promoter suitable to and used by him for the purposes of the tramway: 9 carriage, in the case of a tramway on which steampower or any other mechanical power 7or electrical power is used, includes an engine worked on the tramway for the purpose of producing 7or utilising that power: 10 toll includes any charge leviable in respect of the use of a tramway: 11 lessee means a person to whom a lease has been granted of the right of user of a tramway and of demanding and taking the authorised tolls: 12 district magistrate includes an officer empowered by the 8government by name or by virtue of his office to discharge within any local area all or any of the functions of a district magistrate under this act: 13 district court means a principal civil court of original jurisdiction, and includes a high court having ordinary original civil jurisdiction: 14 collector means the chief officer in charge of the revenueadministration of a district, and includes an officer empowered by the 8government by name or by virtue of his office to discharge within any local area the functions of a collector under this act: 9 15 prescribed means prescribed by rules made by the 8government under this act: 10and 1116 government, in relation to a tramway which is wholly within a municipal area or which is declared not to be a railway under clause 20 of article 366 of the constitution, means the state government and, in relation to any other tramway, means the central government. 1. subs. by the a.o. , for the govt. 2. the words the central government or any provincial omitted by the a.o. . 3. subs. by a.o. , for the govt 4. the words the central government or any provincial omitted by the a.o. . 5. subs. by the a.o. , for the l.g. 6. subs. by act 5 of , s. 2, for clause 5. 7. ins. by s. 3, ibid. 8. subs. by the a.o., for l. g.. 9. the word and omitted, ibid. 10. ins., ibid. 11. subs. by the a.o. , for clause 16 which was inserted by the a.o. .

section 1. of the indian tramways act : 1 this act may be called the indian tramways act, and 2 it shall come into force at once.

section 6. of the indian tramways act : 1 the 1government on receiving an application shall consider it, and, if satisfied as to the propriety of proceeding thereon, publish in the official gazette, and in such other manner as it deems sufficient for giving information to persons interested, a draft of a proposed order authorizing the construction of the tramway. 2 a notice shall be published with the draft stating that any objection or suggestion which any person may desire to make with respect to the proposed order will, if submitted to the 1government on or before a date to be specified in the notice, be received and considered. 3 if, after considering any objections or suggestions which may have been made with respect to the draft on or before the date so specified, the 1government is of opinion that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, it may make an order accordingly. 4 every order authorising the construction of a tramway shall be published in the official gazette in english, and in the other prescribed language or languages, if any and that publication shall be conclusive proof that the order has been made as required by this section. 1. subs. by the a.o. , for l. g..

section 20. of the indian tramways act : 1 where a notification has been published under section 19, the roadauthority may, at any time after the expiration of two months from the date of the notification, remove the tramway or part of the tramway of which the working has been so discontinued, and use the materials thereof in reinstating the road. 2 the promoter shall pay to the roadauthority the cost incurred by that authority in removing the tramway or the part thereof and in reinstating the road. 3 the cost shall be certified by an officer of the roadauthority, and his certificate, countersigned by the district magistrate, shall be conclusive proof as to the cost incurred. 4 if the promoter does not pay the amount so certified within one month after the delivery to him of the certificate or of a copy thereof, the roadauthority may, without any previous notice to the promoter and without prejudice to any other remedy which it may have for the recovery of the amount, sell and dispose of such materials of the tramway or part thereof removed as it has not used in reinstating the road, either by public auction or by private sale, and for such sum or sums, and to such person or persons, as it thinks fit, and may, out of the proceeds of the sale, pay and reimburse itself the amount of the cost aforesaid and of the expenses of the sale, and shall pay over the residue if any of the proceeds of the sale to the promoter.

section 15. of the indian tramways act : 1 the promoter or lessee may demand and take, in respect of the tramway, tolls not exceeding the limits specified in or determinable under the order, or, if the order contains no provision in this behalf, then such sums as may from time to time be fixed by the promoter or lessee with the previous sanction of the 1government. 2 a list of all the tolls authorized to be levied shall be exhibited, in such languages as the district magistrate may direct, in a conspicuous place inside and outside each of the carriages used upon the tramway. 1. subs., by a.o. , for until an engineer appointed in this behalf by the l.g. has inspected it and certified it to be fit for such traffic.

section 22. of the indian tramways act : 1 where the promoter of a tramway in a circle is not the local authority, the local authority, with the previous sanction of the 1government, may a within such limits of time as may be specified in this behalf in the order, or b if a time was not specified in the order, then within six months after the expiration of a period of twentyone years from the date of the order, and within six months after the expiration of every subsequent period of seven years, or c within two months after the publication of a notification under section 19 or within six months after the publication of a notification under section 21, by notice in writing, require the promoter to sell to the local authority his undertaking or the part thereof which is within the circle of the local authority and thereupon the promoter shall sell the same upon the terms specified in the order, or, if the terms were not specified in the order, then upon the terms of paying the then value of the undertaking or of the part thereof, exclusive of any allowance for past or future profits of the undertaking or any compensation for compulsory sale or other consideration whatsoever. 2 a requisition shall not be made under subsection 1 unless the making thereof has been approved by the local authority in manner prescribed. 3 when a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the undertaking or part thereof sold, or, where a notification has been published under section 19 or section 21, all the rights, powers and authorities of the promoter previous to the publication of the notification in respect of the undertaking or part thereof sold, shall be transferred to the authority to whom the undertaking or part has been sold, and shall vest in, and may be exercised by, that authority in the same manner as if the tramway had been constructed by it under an order made under this act. 4 subject to, and in accordance with, the preceding provisions of this section, two or more local authorities may jointly purchase an undertaking or so much thereof as is within there circles. 1. subs. by the a.o. , for l. g..

section 21. of the indian tramways act : 1 if, at any time after the opening of a tramway in a circle for public traffic, it appears to the roadauthority or local authority of the circle that the promoter of the tramway is insolvent, so that he is unable to maintain the tramway, or to work it with advantage to the public, and either of those authorities makes a representation to that effect to the 1government, the 1government may, if after considering any statement which the promoter may desire to make, and after such further enquiry as it deems necessary, it is satisfied as to the truth of the representation, declare, by notification in the official gazette, that the powers of the promoter shall, at the expiration of six months from the publication of the notification, be at an end and the powers of the promoter shall cease and determine at the expiration of that period, except in so far as they may be purchased by a local authority in manner by this act provided. 2 where a notification has been published under subsection 1, the roadauthority may, at any time after the expiration of six months from the date thereof, remove the tramway in the same manner, and subject to the same provisions as to the payment of the cost of the removal and to the same remedy for recovery of the cost, in every respect as in cases of removal under section 20. 1. subs. by the a.o. , for l. g..

section 14. of the indian tramways act : 1 the promoter of a tramway shall, subject to the provisions of subsection 2 and to the other provisions of this act and of the order, have the exclusive use of the tramway for carriages with flangewheels or other wheels suitable to run on the rail described in the order as the rail to be used on the tramway: provided that nothing in this act or in the order or any rule made under this act shall affect the right of any person authorised to use a tramway or railway to pass across a tramway constructed under this act with carriages having wheels suitable to run on the rail thereof. 2 the public shall have a right to pass along or across any part of a road along or across which a tramway is constructed, whether on or off the tramway, with carriages not having flangewheels or other wheels suitable to run on the rail of the tramway: provided a that this subsection shall not apply where the tramway is constructed on land the right to the exclusive possession of which has been acquired by the promoter and b that the 1government may by an order authorize the construction of a tramway on any part of a road with rails raised above the surface of the road, if it is satisfied that the convenience of the public will not be injuriously affected thereby. 1. subs. by the a. o. , for l. g..

section 13. of the indian tramways act : subject to the provisions of any order for the time being in force with respect to the matters mentioned in section 7, subsection 2, clause g, the roadauthority and the promoter may from time to time enter into agreements as to the keeping in repair of the whole or a part of a road traversed by a tramway, and as to the proportion to be paid by either of them of the expense of keeping the road or part in repair.

section 19. of the indian tramways act : if it is proved to the satisfaction of the 1government, at any time after the opening of a tramway for public traffic, that the working of the tramway, or any part thereof, has been practically discontinued, for the space of three months, without a reason sufficient, in the opinion of the 1government, to warrant the discontinuance, the 1government, if it thinks fit, may, by notification in the official gazette, declare that the powers of the promoter and of the lessee, if any, in respect of the tramway or the part thereof of which the working has been so discontinued, shall, from the date of the notification, be at an end and thereupon the said powers shall cease and determine, except in so far as they may be purchased by a local authority in manner by this act provided. 1 subs. by the a.o. , for l. g.,

section 17. of the indian tramways act : if, at any time after a tramway or part of a tramway has been for three years opened for public traffic in a circle, the local authority of the circle represents in writing to the 1government that the public is deprived of the full benefit of the tramway or of the part thereof, the 1government may, if after considering any statement which the promoter or lessee or both may desire to make, and after such further enquiry as it deems necessary, it is satisfied as to the truth of the representation, grant a license to any person to use the tramway conformably to this act, and to the order and the rules made under this act, subject to the following provisions, namely: a the license shall be for a period not less than one year or more than three years from the date of the license, but the 1government may in its discretion renew it b the license shall be to use the whole of the tramway for the time being opened for public traffic, or such part or parts of the tramway as the 1government, having regard to the cause for granting the license, thinks fit c the license shall specify the number of carriages which the licensee shall run upon the tramway, the mode in which, and times at which, the carriages shall be run, the tolls to be paid to the promoter or lessee by the licensee for the use of the tramway, and the tolls, being those for the time being leviable by the promoter or lessee, which the licensee may demand and take for the use of his carriages d the licensee and his officers and servants shall permit one person, duly authorized for that purpose by the promoter or lessee, to travel free of toll in or upon each carriage of the licensee run upon the tramway for the whole or any part of a journey e any provision of this act, or of the order or rules made under this act, relating to the functions of a servant of a promoter or lessee shall be construed, so far as may be, as referring to a servant of the licensee and f the 1government may revoke, alter or modify the license for any cause sufficient in its opinion to warrant the revocation, alteration or modification thereof. 1 subs. by the a.o. , for l. g.,

section 18. of the indian tramways act : a licensee shall, on demand, give to an officer or servant authorised in that behalf by the promoter or lessee an exact account in writing, signed by the licensee, of the number of passengers, or number or quantity of goods, conveyed by any and every carriage used by him on the tramway.

section 16. of the indian tramways act : 1 a person shall not be entitled to carry or to require to be carried, on a tramway constructed under this act, any goods of a dangerous or offensive nature. 2 a person taking such goods with him on the tramway shall, before entering the carriage, give notice of their nature to the servant of the promoter or lessee in charge of the carriage. 3 a person sending such goods by the tramway shall distinctly mark their nature on the outside of the package containing them, or otherwise give notice thereof in writing to the servant of the promoter or lessee with whom he leaves them for the purpose of their being sent by the tramway. 4 any servant of the promoter or lessee may refuse to carry upon the tramway a parcel which he suspects to contain goods of a dangerous or offensive nature and, if any such parcel has been received for the purpose of being carried upon the tramway, may stop the transit thereof until he is satisfied as to the nature of its contents. 5 where a servant of the promoter or lessee refuses under subsection 4 to carry a parcel which has been received for the purpose of being carried upon the tramway, he shall, as soon as may be, give notice of his refusal to the consignor or consignee if he refuses at a time when neither of them is present.

section 23. of the indian tramways act : 1 when a local authority has under the authority of an order completed a tramway, or has under the provisions of this act or of an order acquired possession of a tramway, it may, by a lease to be approved by the 1government, let to any person the right of user of the tramway and of demanding and taking the authorized tolls. 2 on the determination of a lease the local authority may from time to time let the right for such further term and on such conditions as the 1government may approve. 3 every lease made under this section shall imply a condition of reentry if at any time after the making thereof it is proved to the satisfaction of the 1government that the lessee has practically discontinued the working of the tramway leased, or of any part thereof, for the space of one month without a reason sufficient, in the opinion of the 1government, to warrant the discontinuance. 4 notice of the intention of the local authority to make a lease shall be given in manner prescribed. 5 if the local authority cannot by means of a lease obtain what it deems to be a fair rent for the tramway, it may itself, with the previous sanction of the 1government and for such term as the 1government directs, place and run carriages upon the tramway, and demand and take the authorised tolls in respect of the use of the carriages. 1. subs. by the a.o. , for l. g..

section 30. of the indian tramways act : if any person, except under a lease from, or by agreement with, the promoter, or under license from the 1government granted under this act, uses on a tramway, otherwise than as permitted by section 14, a carriage having flangewheels or other wheels suitable to run on the rail of the tramway, he shall be punished with fine which may extend to two hundred rupees. 1. subs. by the a.o. , for l. g..

section 31. of the indian tramways act : 1 if any person travelling or having travelled in a carriage of the promoter or lessee or of a licensee evades or attempts to evade payment of toll, or if any person having paid toll for a certain distance wilfully proceeds in any such carriage beyond that distance and does not pay the additional toll for the additional distance or attempts to evade payment thereof, or if any person wilfully refuses or neglects on arriving at the point to which he has paid toll to quit the carriage, he shall be punished with fine which may extend to ten rupees. 2 when a person commits an offence under this section and refuses on demand of a servant of the promoter, lessee or licensee to give his name and residence, or gives a name or residence which the servant has reason to believe to be false, he may be arrested and taken to the nearest policestation by the servant or any person whom the servant may call to his aid. 3 when the person is taken to the policestation he shall with the least possible delay be forwarded to the nearest magistrate, unless his true name and residence are ascertained, in which case he shall be released on his executing a bond for his appearance before a magistrate if so required.

section 32. of the indian tramways act : if any person takes or sends by a tramway any goods of a dangerous or offensive nature without giving the notice required by section 16, he shall be punished with fine which may extend to fifty rupees.

section 33. of the indian tramways act : 1 if a licensee fails on demand to give the account mentioned in section 18, or, with intent to evade the payment of tolls, gives a false account when he is called upon to give an account under that section, he shall be punished with fine which may extend to fifty rupees. 2 the fine shall be in addition to any tolls payable by the licensee to the promoter or lessee in respect of the passengers or goods conveyed by the carriage or carriages used by the licensee on the tramway.

section 25. of the indian tramways act : the authority making any rule under section 24 may direct that a breach of it shall be punishable with fine which may extend a if the authority making the rule is the 1government, to two hundred rupees, and b if that authority is a local authority or a promoter or lessee, to twenty rupees and when the breach is a continuing breach, with a further fine which may extend c if the authority making the rule is the 1government, to fifty rupees, and d if that authority is a local authority of a promoter or lessee, to five rupees, for every day after the first during which the breach continues. 1. subs. by the a.o. , for l.g..

section 24. of the indian tramways act : 1 in addition to any other power to make rules expressly or by implication conferred by this act, the 1government may make rules consistent with this act a as to the form in which an application for an order shall be made b as to the costs to be paid by an applicant in respect of an order, and the time when, and the place where, those costs shall be paid c as to the payment of money or lodgment of securities, by way of deposit, by the applicant for an order before the order is published under section 6, subsection 4, or a further order is made under section 8 the investment of money so paid the disposal of interest or dividends from time to time accruing due on money or securities so paid, lodged or invested the application of the money or securities or the produce thereof to the discharge of any liability incurred by the promoter and the forfeiture, repayment or return of the money or securities d as to the plans and sections of any works to be deposited by applicants for orders or by promoters e for regulating the use of steampower or any other mechanical power 2or electrical power on a tramway f as to any matter specified in section 7, subsection 2, clauses c, d, e, j and k, as a matter which may be provided for in an order, when that matter has not been so provided for, or has not, in the opinion of the 3government, been effectually so provided for g as to the periodical submission, by promoters, lessees and licensees, of accounts of traffic and receipts to the 2government or as that government directs, and as to the forms in which those accounts are to be submitted h as to the accidents of which report is to be made to the 2government or as that government directs i as to any matter respecting which rules may be made under this section by a local authority or a promoter or lessee and j generally, as to any other matter or thing in respect of which it may seem to the 2government to be expedient to make rules for carrying out the purposes of this act. 2 a local authority may, from time to time, with the previous sanction of the 2government, make rules consistent with this act and with the order and any rules made by the 2government under this act, for regulating a the rate of speed to be observed in travelling upon a tramway within the circle of the local authority b the use of animal power on the tramway c the distances at which carriages using the tramway are to be allowed to follow one after the other d the stopping of carriages using the tramway, and the notice to be given to the public of their approach e the manner in which carriages using the tramway after sunset and before sunrise are to be lighted f the traffic on roads along or across which the tramway is laid g the number of passengers which may be carried in any carriage h the licensing and control of drivers, conductors and other persons having charge of the carriages of the promoter or lessee or a licensee and i generally, the mode of use of the tramway. 4 3 the promoter or lessee of a tramway may, from time to time, with the previous sanction of the 5government, make rules6 consistent with this act and with the order and any rules made under this act a for preventing the commission of any nuisance in or upon any carriage, or in or against any premises, belonging to him and b for regulating the travelling in any carriage belonging to him. 4 the 5government may cancel any rule made by a local authority or by a promoter or lessee under this section. 1. subs. by the a.o. , for l. g.. 2. ins. by act 5 of , s. 6. 3. subs. by the a.o. , for l. g.. 4. proviso omitted by the a. o. . 5. subs. by the a.o. , for l.g..

section 26. of the indian tramways act : 1 every authority having power to make rules under any section of this act shall, before making the rules, publish a draft of the proposed rules for the information of persons likely to be affected thereby. 2 the publication shall be made, in the case of rules made by the 1government, in such manner as may in its opinion be sufficient for giving information to persons interested, and, in the case of rules made by a local authority or by a promoter or lessee, in manner prescribed. 3 there shall be published with the draft a notice specifying a date, not earlier than the expiration of one month after the date of publication, at or after which the draft will be taken into consideration. 4 the authority shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified. 5 the publication in the official gazette of a rule purporting to be made under this act shall be conclusive proof that it has been duly made. 1. subs. by the a.o. , for l.g..

section 29. of the indian tramways act : if any person without lawful excuse, the burden of proving which shall lie upon him, wilfully does any of the following things, namely: a interferes with, removes or alters any part of a tramway constructed under this act, or of the works connected therewith, or b places or throws upon or across any such tramway any wood, stone, refuse or other thing, or c does anything in such a manner as to obstruct any carriage using any such tramway, or d abets within the meaning of the indian penal code 45 of the doing of, or attempts to do, anything mentioned in clause a, clause b or clause c, he shall without prejudice to any other remedy which may be obtained against him in a court of civil judicature be punished with fine which may extend to one hundred rupees.

section 27. of the indian tramways act : if a promoter a constructs or maintains a tramway otherwise than in accordance with the order, or b opens the tramway for traffic or permits it to be so opened, before it has been inspected and certified in manner required by section 12, or c fails to observe any requirement or condition of the order for neglect or breach whereof no penalty has been expressly provided in the order, or if a promoter, lessee or licensee runs a carriage on a tramway otherwise than in accordance with the order, he shall without prejudice to the enforcement or specific performance of the requirements of this act or of the order, or to any other remedy which may be obtained against him in a court of civil judicature, on camplaint made by the 1government or by the local authority or roadauthority or by the district magistrate or, with the previous sanction of the district magistrate, by any person injuriously affected by the act or omission, be punished with fine which may extend to two hundred rupees, and in the case of a continuing offence to a further fine which may extend to fifty rupees for every day after the first during which the offence continues to be committed. 1. subs. by the a.o. , for l.g..

section 28. of the indian tramways act : if any person without lawful excuse, the burden of proving which shall lie upon him, wilfully obstructs any person acting under the authority of the promoter in the lawful exercise of his powers in constructing or maintaining a tramway, or injures or destroys any mark made for the purpose of setting out the line of the tramway, he shall be punished with fine which may extend to fifty rupees.

section 35. of the indian tramways act : 1 if any difference arises between the promoter or lessee on the one hand and the 1government, or the local authority, or the roadauthority, or a person having the charge of any sewers, drains, telegraphlines, gaspipes, waterpipes or other things in or on land occupied by the tramway, on the other hand, with respect to any interference or control exercised or claimed to be exercised by, or on behalf of, either party by virtue of this or any other act, or of the order or the rules made under this act, or with respect to the propriety of, or the mode of, the execution of any work, or with respect to any compensation to be made by or to the promoter or lessee, or on the question whether any work is such as ought reasonably to satisfy the 1government or the roadauthority or both, or with respect to any other subject or thing regulated by, or comprised in, this act or the order or the rules made under this act, and not otherwise expressly provided for therein, the matter in difference shall, except where the parties elect to proceed under section 523 of the code of civil procedure,2 14 of be settled, on the application of either party, by a referee. 2 where the difference is a between the promoter or lessee on the one hand and the 1government, either as such or as the roadauthority, on the other, or b between the promoter on the one hand and the local authority on the other, with respect to the sum to be paid by the local authority for an undertaking or part of an undertaking which that authority has required the promoter to sell under section 22, the referee shall be the district court within the jurisdiction of which the tramway is situate, or, where the tramway is within the jurisdiction of more than one district court, the district court within the jurisdiction of which the greater part of the tramway is situate. 3 in other cases the referee shall be appointed by the 1government. 4 except where the referee is the district court, the powers and procedure of the referee may be prescribed. 5 in the case of a difference between a promoter on the one hand and a local authority on the other, with respect to the sum to be paid by the local authority for an undertaking or part of an undertaking which that authority has required the promoter to sell under section 22, an appeal shall lie to the high court from the award of the referee as from an original decree of the district court. 6 in the case of every other difference the award of the referee shall be final. 1. subs. by the a.o., for l. g.. 2. the relevant provisions of the arbitration act, 10 of to be referred to.

section 41. of the indian tramways act : nothing in this act, or in an order or any rule made under this act, shall affect the powers of a local authority or of a magistrate or policeofficer to regulate the passage of traffic along or across a road along or across which a tramway is laid and the authority magistrate or officer aforesaid may exercise its or his powers as well on as off the tramway and with respect as well to the traffic of a promoter, lessee or licensee as to the traffic of other persons.

section 34. of the indian tramways act : nothing in this act shall prevent a person from being prosecuted under any other law for an act or omission which constitutes an offence against this act or the rules made under it, or from being liable under that other law to any other or higher punishment or penalty than that provided by this act or the rules made under it: provided that a person shall not be punished twice for the same offence.

section 42. of the indian tramways act : a promoter, lessee or licensee shall be answerable for all injuries happening through his act or default, or through the act or default of any person in his employment, by reason or in consequence of any of his carriages or works, and shall save harmless all authorities and persons collectively and individually, and their officers and servants, from all damages and costs in respect of injuries so happening.

section 44. of the indian tramways act : when a tramway is constructed under this act within the limits of a municipality, the state government may exempt the animals, plant, rollingstock, yards, workshops, enginesheds, 1electrical generating stations or substations and depots of the promoter, lessee or licensee, for such period as it thinks fit, from all or any municipal taxes leviable within those limits. 1. ins. by act 5 of , s. 7.

section 38. of the indian tramways act : any toll due to a promoter, lessee or licensee from a passenger may be recovered either by suit or, on application to a magistrate having jurisdiction within any local area in which any part of the tramway is laid, by distress and sale of any moveable property belonging to the passenger within the local limits of the jurisdiction of the magistrate.

section 37. of the indian tramways act : 1 if a licensee fails to pay on demand the tolls due for the use of a tramway, the promoter or lessee to whom the tolls are due may, without prejudice to the remedy which he may have by suit, apply to a magistrate to recover the amount of the tolls, and the magistrate may, after giving notice to the licensee, if possible, and allowing him an opportunity of being heard, proceed to recover the amount by distress and the sale of any carriages or other moveable property of the licensee which may be found on the tramway or on premises connected therewith. 2 when a licensee has failed to pay on demand the tolls due from him, the promoter or lessee to whom the tolls are due may seize any carriage or other moveable property of the licensee on the tramway or on premises connected therewith, and detain the same for fortyeight hours unless the tolls are sooner paid. 3 when application is made to a magistrate under subsection 1, he may make an interim order of distraint pending his final decision.

section 39. of the indian tramways act : 1 notwithstanding anything contained in this act, or in an order or any rule made under this act, a promoter shall not acquire any right other than that of user only over a road along or across which he lays a tramway, nor shall anything contained in this act, or in an order or any rule made under this act, exempt the promoter of a tramway, or any other person using the tramway, from the payment of such charges as may lawfully be levied in respect of the use of a road or bridge along or across which the tramway is laid. 2 the state government may, if it thinks fit, fix at which a promoter, lessee or licensee may compound for the charges payable in respect of the use of a road or bridge.

section 40. of the indian tramways act : 1 nothing in this act, or in an order or any rule made under this act, shall take away or abridge any power which a roadauthority, local authority or other person has by law to break up, widen, alter, divert or improve a road, railroad or tramway along or across which a tramway is laid. 2 the roadauthority, local authority or other person executing any work referred to in subsection 1 shall not be liable to pay to a promoter, lessee or licensee any compensation for injury done to a tramway by the execution of the work or for loss of traffic occasioned by the reasonable use of any power lawfully exercised for the execution thereof.

section 45. of the indian tramways act : 1 the fund to or with the control or management of which the local authority of a municipality, cantonment or district is entitled or entrusted shall, notwithstanding anything in any enactment respecting the purposes to which that fund may be applied be applicable, subject to the control of the 1appropriate government, to the payment of expenses incidental to the exercise of the powers and functions which may be vested in or exercised by a local authority under this act. 2 the fund shall also be applicable, with the previous sanction of the 1appropriate government, to a guarantee of the payment of interest on money to be applied, with the concurrence in writing of the local authority, within the limits of the local area under its control, to any of the purposes to which the fund might be applied by the local authority under subsection 1. 23 in this section, the appropriate government means the government, central or state, whose executive authority extends over the local authority in question. 1. subs. by the a.o., for l.g.. 2. ins., ibid.

section 36. of the indian tramways act : any of the following moneys, namely, any rent due to a local authority from a lessee, any penalty recoverable from a promoter or lessee under an order, any sum payable by a promoter or lessee under an award of a referee, the cost of the performance under this act by the 1government or by a local authority or roadauthority of any work required by this act or by an order to be done by a promoter, and the cost incurred by a roadauthority in removing a tramway and reinstating a road under this act, may, without prejudice to any other remedy that the authority to which the money is due may have by suit or otherwise, be recovered by that authority, on application made in this behalf to the collector, as if the sum due were an arrear of landrevenue due by the promoter or lessee or his surety if any: provided that nothing in this section shall authorize the arrest of the promoter or lessee or his surety in execution of any process issued by the collector. 1. subs. by the a.o., for l. g..

section 43. of the indian tramways act : for the purposes of this act want of funds shall not be deemed to be a sufficient reason for the suspension of the construction, or the discontinuance of the working, of a tramway by a promoter or lessee.

section 46. of the indian tramways act : the 1government may, with the consent of the local authority and roadauthority and of the promoter and his lessee if any, extend any part of this act, or any rules made under this act, either with or without modification, to the whole or any part of a tramway constructed, or authorised by the 1government to be constructed, before the passing of this act, and may withdraw any part of the act or any rules so extended. 1. subs. by the a.o., for l.g..

section 50. of the indian tramways act : all powers conferred by this act on 1any government may be exercised from time to time as occasion requires. 1. subs. by the a.o., for any l.g..

section 49.. of the indian tramways act : explanation and amendment of section 54 of railway act. rep. by the indian railways act, 9 of , s. 2 and the first schedule.

section 47. of the indian tramways act : 1 a tramway of which the construction has not been authorised by the 1government before the passing of this act shall not, after the passing of this act, be constructed for public traffic in any place to which this act extends, except in pursuance of an order made under this act. 2 a person constructing a tramway in contravention of subsection 1 of this section, or after the passing of this act maintaining or using for public traffic, otherwise than in pursuance of an order made under this act, a tramway which was not constructed, or authorised the 1government to be constructed, before the passing of this act, shall be liable, on the complaint of the 1government or local authority, to double the penalty to which a promoter acting otherwise than in accordance with an order is liable under section 27. 1. subs. by the a.o., for l.g..

section 48. of the indian tramways act : if at any time a local area comprising a tramway to which this act or any part thereof or any rule thereunder applies ceases to be included in the circle of a local authority, the functions of that authority under this act or the part thereof or the rule thereunder, and under the order if any, shall, in respect of that local area, devolve on the 1government or, if that government so directs, on the local authority of the circle in which the tramway has been included. 1. subs. by the a.o., for l.g..

section 7. of the immigrants expulsion from assam act : repeal and saving.rep. by the repealing and amending act, 36 of , s. 2 and schedule.

section 4. of the immigrants expulsion from assam act : any authority empowered by or in pursuance of the provisions of this act to exercise any power may, in addition to any other action expressly provided for in this act, take or cause to be taken such steps, and use or cause to be used such force, as may in its opinion be reasonably necessary for the effective exercise of such power.

section 6. of the immigrants expulsion from assam act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 2. of the immigrants expulsion from assam act : if the central government is of opinion that any person or class of persons, having been ordinarily resident in any place outside india, has or have, whether before or after the commencement of this act, come into assam and that the stay of such person or class of persons in assam is detrimental to the interests of the general public of india or of any section thereof or of any scheduled tribe in assam, the central government may by order a direct such person or class of persons to remove himself or themselves from india or assam within such time and by such route as may be specified in the order and b give such further directions in regard to his or their removal from india or assam as it may consider necessary or expedient: provided that nothing in this section shall apply to any person who on account of civil disturbances or the fear of such disturbances in any area now forming part of pakistan has been displaced from or has left his place of residence in such area and who has been subsequently residing in assam.

section 3. of the immigrants expulsion from assam act : the central government may, by notification in the official gazette, direct that the powers and duties conferred or imposed on it by section 2 shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a any officer subordinate to the central government b the 1 2 government of assam, meghalaya or nagaland any officer subordinate to that government. 1 subs. by the state of nagaland adaptation of laws on union subjects order, , for government of assam w.e.f. . 2 subs. by the northeastern areas reorganisation adaptation of laws on union subjects order, , for government of assam w.e.f. .

section 5. of the immigrants expulsion from assam act : any person who a contravenes or attempts to contravene or abets the contravention of any order made under section 2, or b fails to comply with any direction given by any such order, or c harbours any person who has contravened any order made under section 2 or has failed to comply with any direction given by any such order, shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.

section 1. of the immigrants expulsion from assam act : 1 this act may be called the immigrants expulsion from assam act, . 2 it extends to the whole of india.

section 4. of the state armed police forces extension of laws act : the central government may, by notification in the official gazette, add to, or omit from, the schedule any enactment and on the publication of such a notification, the schedule shall be deemed to be amended accordingly.

section 1. of the state armed police forces extension of laws act : 1 this act may be called the state armed police forces extension of laws act, . 2 it extends to the whole of india 1. 1. omitted by act 62 of , s. 2 and the schedule, for except the state of jammu and kashmir w.e.f. .

section 3. of the state armed police forces extension of laws act : where any detachment of an armed police force of a state is serving in any part of any other state, whether independently or by being attached to the police force of that other state, then, notwithstanding anything contained in section 3 of the police act, iii of , every member of the said detachment, while discharging the functions of a police officer in that other state, shall continue to be subject to the same laws in respect of discipline and liabilities as would have been applicable to him, if he had been discharging those functions within the state to which the said force belongs.

section 2. of the state armed police forces extension of laws act : in this act, armed police force means any police force constituted by any of the enactments specified in the schedule for the time being in force.

section 4. of the foreigners law application and amendment act : 1 the foreigners law application and amendment ordinance, 5 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act, as if this act and commenced on the 26th october, .

section 3. of the foreigners law application and amendment act : amendment of act of 31 of .section 3 rep. by repealing and amending act 56 of , s. 2 and the first schedule, w.e.f. .

section 1. of the foreigners law application and amendment act : this act may be called the foreigners law application and amendment act, .

section 2. of the foreigners law application and amendment act : notwithstanding anything contained in any other law for the time being in force, the provisions of the registration of foreigners act, , and the foreigners act, , and of the rules and orders made thereunder shall apply to and in relation to any person who, or either of whose parents, or any of whose grandparents was at any time a citizen or subject of any country at war with, or committing external aggression against, india or of any other country assisting the country at war with, or committing such aggression against, india, as they apply to and in relation to foreigners as defined for the purposes of those acts.

section 8. of the charitable and religious trusts act : the costs, charges and expenses of and incidental to any petition, and all proceedings in connection therewith, under the foregoing provisions of this act, shall be in the discretion of the court, which may direct the whole or any part of any such costs, charges and expenses to be met from the property or income of the trust in respect of which the petition is made, or to be borne and paid in such manner and by such persons as it thinks fit: provided that no such order shall be made against any person other than the petitioner who has not received notice of the petition and had a reasonable opportunity of being heard thereon.

section 1. of the charitable and religious trusts act : 1 this act may be called the charitable and religious trusts act, . 2 it extends1 to the whole of india 2except the state of jammu and kashmir: provided that the 3government of any state may, by notification in the official gazette, direct that this act, or any specified part thereof, shall not extend to 4that state or any specified area therein or to any specified trust or class of trusts. 1. this act has been extended to berar by the berar laws act, 4 of and rep. in orissa by the orissa hindu religious endowments act, orissa 4 of . the provisions of this act, in so far as they are inconsistent with the provisions of the bengal wakf act, ben. 13 of , do not apply to any wakf property in bengal: see s. 61 of that act, this act has been extended in its application to dadra and nagar haveli w.e.f. 1. by reg. 6 of , s. 2 and the first schedule, to pondicherry w.e.f. : vide reg. 7 of . s. 3 and the first schedule and to goa, daman and diu by reg. 11 of , s. 3 and the schedule. this act has been declared to be in force in the khondmals district by the khondmals laws regulation, 4 of , s. 3 and the schedule and in the angul district by the angul laws regulation, 5 of , s. 3 and the schedule, this act shall not apply to any wakf to which the wakf act, 29 of applies. this act has been amended in its application to rajasthan by rajasthan act 42 of . this act has ceased to be in force in its application to the state of madras by madras act 22 of . 2. subs. by act 3 of , s. 3 and the schedule for except part b states. 3. subs. by the a.o. , for g.g. in c.. 4. subs. ibid., for any specified province or area. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the charitable and religious trusts act : 1 if the court on receipt of a petition under section 3, after taking such evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the trust to which the petition relates is a trust to which this act applies, and that the petitioner has an interest therein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof, together with notice of the date so fixed, to be served on the trustee and upon any other person to whom in its opinion notice of the petition should be given. 2 on the date fixed for the hearing of the petition, or on any subsequent date to which the hearing may be adjourned, the court shall proceed to hear the petitioner and the trustee, if he appears, and any other person who has appeared in consequence of the notice, or who it considers ought to be heard, and shall make such further inquiries, if any, as it thinks fit. the trustee may and, if so required by the court, shall at the time of the first hearing or within such time as the court may permit present a written statement of his case. if he does present a written statement, the statement shall be signed and verified in the manner prescribed by the code of civil procedure 5 of , for signing and verifying pleadings. 3 if any person appears at the hearing of the petition and either denies the existence of the trust or denies that it is a trust to which this act applies, and undertakes to institute within three months a suit for a declaration to that effect and for any other appropriate relief, the court shall order a stay of the proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. 4 if no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the court shall itself decide the question. 5 on completion of the inquiry provided for in subsection 2, the court shall either dismiss the petition or pass thereon such other order as it thinks fit: provided that, where a suit has been instituted in accordance with the provisions of subsection 3, no order shall be passed by the court which conflicts with the final decision therein. 6 save as provided in this section, the court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust.

section 3. of the charitable and religious trusts act : save as hereinafter provided in this act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subjectmatter of the trust is situate to obtain an order embodying all or any of the following directions, namely: 1 directing the trustee to furnish the petitioner through the court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subjectmatter of the trust, and of the income belonging thereto, or as to any of these matters, and 2 directing that the accounts of the trust shall be examined and audited: provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.

section 7. of the charitable and religious trusts act : 1 save as hereinafter provided in this act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court, within the local limits of whose jurisdiction any substantial part of the subjectmatter of the trust is situate, for the opinion, advice or direction of the court on any question affecting the management or administration of the trust property, and the court shall give its opinion, advice or direction, as the case may be, thereon: provided that the court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal. 2 the court on a petition under subsection 1, may either give its opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed, to be served on such of the person interested in the trust, or to be published for information in such manner, as it thinks fit. 3 on any date fixed under subsection 2 or on any subsequent date to which the hearing may be adjourned, the court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition. 4 a trustee stating in good faith the facts of any matter relating to the trust in a petition under subsection 1, and acting upon the opinion, advice or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made.

section 2. of the charitable and religious trusts act : in this act, unless there is anything repugnant in the subject or context, the court means the court of the district judge 1or any other court empowered in that behalf by the state government and includes the high court in the exercise of its ordinary original civil jurisdiction. 1. ins. by act 41 of , s. 2.

section 11. of the charitable and religious trusts act : 1 the provisions of the code of civil procedure, 5 of , relating to a the proof of facts by affidavit, b the enforcing of the attendance of any person and his examination on oath, c the enforcing of the production of documents, and d the issuing of commissions, shall apply to all proceedings under this act, and the provisions relating to the service of summonses shall apply to the service of notices thereunder. 2 the provisions of the said code relating to the execution of decrees shall, so far as they are applicable, apply to the execution of orders under this act.

section 9. of the charitable and religious trusts act : no petition under the foregoing provisions of this act in relation to any trust shall be entertained in any of the following circumstances, namely: a if a suit instituted in accordance with the provisions of section 92 of the code of civil procedure 5 of , is pending in respect of the trust in question b if the trust property is vested in the treasurer of charitable endowments, the administratorgeneral, the official trustee, or any society registered under the societies registration act, 21 of or c if a scheme for the administration of the trust property has been settled or approved by any court of competent jurisdiction, or by any other authority acting under the provisions of any enactment.

section 12. of the charitable and religious trusts act : no appeal shall lie from any order passed or against any opinion, advice or direction given under this act.1 1. in the application of this act to west bengal, a new s. 13 providing that the provisions of this act shall not, so far as they are inconsistent with those of the bengal wakf act, ben. 13 of , apply to any wakf property in west bengal, has been ins.: see bengal wakf act, , s. 81.

section 4. of the charitable and religious trusts act : 1 the petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. 2 the petition shall be in writing and shall be signed and verified in the manner prescribed by the code of civil procedure, 5 of , for signing and verifying plaints.

section 6. failure of trustee to comply with order under section 5 of the charitable and religious trusts act : if a trustee without reasonable excuse fails to comply with an order made under subsection 5 of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the code of civil procedure, 5 of and any such suit may, so far as it is based on such failure, be instituted without the previous consent of the advocate general.

section 10. of the charitable and religious trusts act : 1 in any suit instituted under section 14 of the religious endowments act, 20 of , or under section 92 of the code of civil procedure, 5 of , the court trying such suit may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting and maintaining such suit, or to deposit from any money in his hands as trustee of the trust to which the suit relates such sum as such court considers sufficient to meet such expenditure in whole or in part. 2 when any money has been deposited in accordance with an order made under subsection 1, the court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit. before making over any sum to the plaintiff, the court shall take security from the plaintiff for the refund of the same in the event of such refund being subsequently ordered by the court.

section 8. of the scheduled castes and scheduled tribes orders amendment act : 1 the commission shall cause the amendments made by it in the delimitation of parliamentary and assembly constituencies order, to be published in the gazette of india and in the official gazettes of the states concerned. 2 upon publication in the gazette of india, every such amendment shall have the force of law and shall not be called in question in any court. 3 as soon as may be after such publication in the gazette of india, every such amendment shall be laid before the house of the people and the legislative assemblies of the states concerned. 4 subject to the provisions of subsection 5, the readjustment of representation of any territorial constituencies in the house of the people or in the legislative assembly of a state necessitated by any amendments made by the commission in the delimitation of parliamentary and assembly constituencies order, and provided for in that order as so amended shall apply in relation to every election to the house or, as the case may be, to the assembly, hereafter the publication in the gazette of india under subsection 1 of such amendments and shall so apply in supersession of the provisions relating to representation contained in the representation of the people act, 43 of . 5 nothing contained in the foregoing subsections shall affect the representation in the house of the people or in the legislative assembly of a state, existing on the date of publication in the gazette of india under subsection 1 of the amendments made by the commission under this act.

The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976

section 1. of the scheduled castes and scheduled tribes orders amendment act : 1 this act may be called the scheduled castes and scheduled tribes orders amendment act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 27th july, , vide notification no. s.o. 589e, dated 27th july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 4.. of the scheduled castes and scheduled tribes orders amendment act : amendment of scheduled tribes orders. rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 3.. of the scheduled castes and scheduled tribes orders amendment act : amendment of scheduled castes order. rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f. .

section 7. of the scheduled castes and scheduled tribes orders amendment act : 1 in the discharge of its functions under this act, the commission shall determine its own procedure and shall have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the production of any document and c requisitioning any public record from any court or office. 2 the commission shall have the power to require any person to furnish any information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, any matter, under the consideration of the commission. 3 the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of . explanation.for the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the commission shall be the limits of the territory of india.

section 9. of the scheduled castes and scheduled tribes orders amendment act : 1 the commission may, from time to time, by notification in the gazette of india and in the official gazette of the state concerned a correct any printing mistake in the delimitation of parliamentary and assembly constituencies order, as amended under this act, or any error occurring therein from any inadvertent slip or omission and b where the boundaries or the name of any district or any territorial division mentioned in the said order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the order uptodate. 2 every notification under this section shall be laid, as soon as may be after it is issued, before the house of the people and the legislative assembly of the state concerned.

section 10. of the scheduled castes and scheduled tribes orders amendment act : all things done, and all steps taken, before the commencement of this act by the census authority for the determination of population of scheduled castes and scheduled tribes, or by the commission for the purpose of readjustment of constituencies shall, in so far as they are in conformity with the provisions of this act, be deemed to have been done or taken under these provisions as if such provisions were in force at the time such things were done or such steps were taken.

section 2. of the scheduled castes and scheduled tribes orders amendment act : in this act, unless the context otherwise requires, a census authority means the registrar general and ex officio census commissioner for india b commission means the election commission appointed by the president under article 324 of the constitution c delimitation act means the delimitation act, 76 of d last census means the census held in india in e scheduled castes order means the constitution scheduled castes order, , made by the president under article 341 of the constitution f scheduled tribes orders means the constitution scheduled tribes order, and the constitution andaman and nicobar islands scheduled tribes order, , made by the president under article 342 of the constitution g state means a state included in the scheduled castes order and the scheduled tribes orders, and includes the union territory of the andaman and nicobar islands.

section 5. of the scheduled castes and scheduled tribes orders amendment act : 1 as soon as may be after the commencement of this act, the population as at the last census of the scheduled castes or, as the case may be, of the scheduled tribes, in each state shall be ascertained or estimated by the census authority. 2 where by reason of the amendments made by section 3 or section 4 a any locality in a state specified in relation to any caste or tribe in any of the parts of the schedules to the orders referred to in the said sections is varied so as to specify a larger area in relation to such caste or tribe, the census authority shall take into account the population figures of the caste or tribe as ascertained in the last census and in any previous census wherein the population figures of the caste or tribe in respect of the increased area had been ascertained and determine the population of that caste or tribe as on the 1st day of april, by increasing or decreasing such figures by the proportion in which the general population of the state or, as the case may be, the division, district, taluk, tahsil, police station, development block or other territorial division in relation to which such caste or tribe has been specified by the said amendments has increased or decreased between the previous census aforesaid and the last census b any caste or tribe which is deemed to be both a scheduled caste and scheduled tribe in relation to a state or part thereof is varied so as to specify such caste or tribe only as a scheduled caste or scheduled tribe in relation to that state or part, the census authority shall take into account the population figures of such scheduled caste and scheduled tribe as ascertained in the last census: provided that it shall not be necessary for the census authority to determine the population of any scheduled caste or tribe as on the 1st day of april, , if the population of that caste or tribe was not ascertained at the last census and in any of the previous censuses and is, in the opinion of that authority, numerically small. explanation.where the population figures of any caste or tribe in respect of any increased area referred to in clause a had been ascertained in more than one previous census, the census authority shall take into account, for the purposes of that clause, the population figures of such caste or tribe as ascertained in the previous census which is nearest in point of time to the last census. 3 the population figures ascertained or determined under subsection 2 shall be notified by the census authority in the gazette of india. 4 the population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published and the figures so notified shall be final and shall not be called in question in any court.

section 6. of the scheduled castes and scheduled tribes orders amendment act : 1 after the population figures have been notified for any state under section 5, it shall be the duty of the commission to make such amendments as may be necessary in the delimitation of parliamentary and assembly constituencies order, , without altering the extent of any constituency as given in such order having regard to the provisions of articles 81, 170, 330 and 332 of the constitution, of section 8 of the delimitation act, and of this act, for the purpose of giving proper representation to the scheduled castes or, as the case may be, to the scheduled tribes of that state on the basis of the number of reserved seats as specified in that order as hereunder amended by the commission, and the first schedule and second schedule to the representation of the people act, 43 of shall be deemed to have been amended accordingly. 2 in making any amendments under subsection 1, the commission shall, as far as may be necessary, have regard to the provisions of clauses c and d of subsection 1 of section 9 of the delimitation act. 3 the commission shall a publish its proposals for the amendments in the gazette of india and the official gazette of the state concerned and also in such other manner as it thinks fit b specify a date on or after which such proposals will be further considered by it c consider all objections and suggestions which may have been received by it before the date so specified and d thereafter make the necessary amendments in the order.

section 8. of the industrial development bank transfer of undertaking and repeal act : any guarantee given for or in favour of the development bank with respect to any loan, lease, finance or other assistance shall continue to be operative in relation to the company.

The Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003

section 1. of the industrial development bank transfer of undertaking and repeal act : 1 this act may be called the industrial development bank transfer of undertaking and repeal act, . 2 it shall come into force on such date 1 as the central government may, by notification, appoint. 1. 2nd july, , vide notification no. s.o. 769e dated 2nd july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the industrial development bank transfer of undertaking and repeal act : in this act, unless the context otherwise requires, a appointed day means such date as the central government may, by notification, appoint under section 3 b company means the industrial development bank of india limited to be formed and registered under the companies act, 1 of c development bank means the industrial development bank of india established under subsection 1 of section 3 of the industrial development bank of india act, 18 of d notification means a notification published in the official gazette e reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of .

section 3. of the industrial development bank transfer of undertaking and repeal act : 1 on such date as the central government may, by notification, appoint, there shall be transferred to, and vest in, the company, the undertaking of development bank. 2 notwithstanding anything contained in the banking regulation act, 10 of , the company referred to in subsection 1 shall be deemed to be a banking company within the meaning of clause c of section 5 of the banking regulation act, and as such shall carry on banking business in accordance with the provisions of that act, 1: provided that such company shall not be required to a obtain licence under section 22 of the banking regulation act, 10 of b maintain for a period of five years from the appointed day the percentage of assets required to be maintained under section 24 of the said act. 2provided further that the provisions of clause a to the proviso, shall cease to be applicable immediately after the commencement of part xiii of the finance act, 13 of , and from such commencement, the company shall be deemed to have obtained licence under section 22 of the banking regulation act, 10 of . 3 the provisions of the banking regulation act, 10 of shall, as far as may be, to the extent they are not repugnant to any provision of this act, apply to such company. 4 notwithstanding anything contained in the banking regulation act, 10 of , the central government may, in consultation with the reserve bank of india, by notification, direct that any of the provisions of that act specified in the notification a shall not apply to the company or b shall apply to the company, only with such exceptions, modifications and the adaptations as may be specified in the notification. 5 a copy of every notification proposed to be issued under subsection 4, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses. 1. the words in addition to the business which may be carried on and transacted by the development bank omitted by act 13 of , s. 165 w.e.f. . 2. the proviso ins by s. 165, ibid. w.e.f. .

section 7. of the industrial development bank transfer of undertaking and repeal act : 1 where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the development bank under the incometax act, 43 of , such exemption, assessment or benefit shall continue to have effect in relation to the company. 2 where any payment made by the development bank is exempted from deduction of tax at source under any provision of the incometax act, 43 of , such exemption will continue to be available as if the provisions of the said act made applicable to the development bank were operative in relation to the company. 3 the transfer and vesting of the undertaking of the development bank or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the incometax act, 43 of or any other law for the time being in force.

section 4. of the industrial development bank transfer of undertaking and repeal act : 1 the central government, being the shareholder of the development bank and every other shareholder of the development bank immediately before the appointed day shall be deemed to be registered on and from the appointed day as a shareholder of the company to the extent of the face value of the shares held by such shareholder. 2 the undertaking of the development bank which is transferred to, and which vest in, the company under section 3 shall be deemed to include all business, assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal and incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, investments, shares, bonds, debentures, security, management of any industrial concern, loans, advances and guarantees given to any person or industrial concern, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the development bank in relation to its undertaking, within or without india, all books of account, registers, records and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind within or without india then subsisting of the development bank in relation to its respective undertaking. 3 all contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the development bank shall cease to have effect or to be enforceable against the development bank and shall be of as full force and effect against or in favour of the company in which the undertaking of the development bank has vested by virtue of this act and enforceable as fully and effectually as if instead of the development bank, the company had been named therein or had been a party thereto. 4 any proceeding or cause of action pending or existing immediately before the appointed day by or against the development bank in relation to its undertaking may, as from the appointed day, be continued and enforced by or against the company in which the undertaking of the development bank has vested by virtue of this act as it might have been enforced by or against the development bank if this act had not been enacted and shall cease to be enforceable by or against the development bank.

section 6., to be deemed to have been granted to company. of the industrial development bank transfer of undertaking and repeal act : with effect from the appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the development bank, in connection with the affairs and business of the development bank under any law for the time being in force shall be deemed to have been granted to the company.

section 5. of the industrial development bank transfer of undertaking and repeal act : 1 every officer or other employee of the development bank except a director of the board or the chairman and managing director or any wholetime director serving in the employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the company by virtue of this act, become, as from the appointed day, an officer or, as the case may be, other employee of the company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the development bank if its undertaking had not vested in the company and shall continue to do so as an officer or, as the case may be, other employee of the company or until the expiry of a period of six months from the appointed day, if such officer or other employee opts not to continue to be the officer or other employee of the company within such period. 2 where an officer or other employee of the development bank opts under subsection 1 not to be in employment or service of the company, such officer or other employee shall be deemed to have resigned. 3 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee of the development bank to the company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 the officers and other employees who have retired before the appointed day from the service of the development bank and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the company. 5 the trust of the provident fund or the gratuity fund of the development bank and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the company as was being done hitherto in the development bank and any tax exemption granted to the provident fund or the gratuity fund or pension fund would continue to be applied to the company. 6 notwithstanding anything contained in this act or in the companies act, 1 of , or in any other law for the time being in force or in the regulations of the development bank, no director of the board, chairman and managing director or any wholetime director or any other person entitled to manage the whole or substantial part of the business and affairs of the development bank shall be entitled to any compensation against the development bank or the company for the loss of office or for the premature termination of any contract of management entered into by him with the development bank.

section 9. of the industrial development bank transfer of undertaking and repeal act : notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian trusts act, 2 of and the insurance act, 4 of.

section 10. of the industrial development bank transfer of undertaking and repeal act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 15. of the industrial development bank transfer of undertaking and repeal act : 1 on the appointed day, the industrial development bank of india act, , shall stand repealed. 2 notwithstanding the repeal of the industrial development bank of india act, , the provisions of section 30a of the act so repealed will continue to be applicable in respect of the arrangement entered into by the development bank with an industrial concern up to the appointed day and the company will be entitled to act upon and enforce the same as fully and effectually as if this act has not been enacted.

section 11. of the industrial development bank transfer of undertaking and repeal act : the provisions of this act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.

section 12. of the industrial development bank transfer of undertaking and repeal act : the enactments specified in the schedule to this act shall be amended in the manner provided therein.

section 14. of the industrial development bank transfer of undertaking and repeal act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of three years from the date of commencement of this act. 2 every order made under this section shall be laid, as soon as maybe after it is made, before each house of parliament.

section 13. of the industrial development bank transfer of undertaking and repeal act : in every act, rule, regulation or notification in force on the appointed day, a for the words industrial development bank of india, wherever they occur, the words industrial development bank of india limited referred to in clause b of section 2 of the industrial development bank transfer of undertaking and repeal act, shall be substituted b for the words development bank, wherever they occur, the words industrial development bank of india limited referred to in clause b of section 2 of the industrial development bank transfer of undertaking and repeal act, shall be substituted c for the words and figures the development bank means the industrial development bank of india, established under section 3 of the industrial development bank of india act, 18 of , the words, brackets, letter and figures the industrial development bank of india limited referred to in clause b of section 2 of the industrial development bank transfer of undertaking and repeal act, shall be substituted. d for the words and figures the industrial development bank of india, established under section 3 of the industrial development bank of india act, 18 of , the words, brackets, letter and figures the industrial development bank of india limited referred to in clause b of section 2 of the industrial development bank transfer of undertaking and repeal act, shall be substituted.

section 8. of the sugar export promotion act : 1 the export agency shall take all practical measures to export sugar delivered to it under this act: provided that, if the export agency is of opinion that having regard to the quality of the sugar delivered to it by any owner, or to the expenses involved in transporting the sugar from one place to another, or to the delay likely to be involved in exporting it, or to the conditions prevailing in the markets for sugar, whether in or out of india, or to any other relevant circumstances, it is expedient so to do, the export agency may sell the whole or any part of the sugar in india and may, if it thinks fit, purchase such quantity of sugar as it may consider necessary for export at the appropriate time. 2 for the purposes of subsection 1, the export agency may itself sell sugar or permit the owner to sell the whole or any part of the export quota in his custody at a price approved by it on condition that the saleproceeds are payable to it.

section 1. of the sugar export promotion act : 1 this act may be called the sugar export promotion act, . 2 it extends to the whole of india.

section 4. of the sugar export promotion act : 1 the central government may, by notification in the official gazette, fix from time to time the quantity of sugar which may be exported during any period, and, in fixing such quantity, the central government shall have regard to a the quantity of sugar available in india, b the quantity of sugar which, in its opinion, would be reasonably required for consumption in india, c the necessity for exporting sugar with a view to earning foreign exchange in the public interest. 2 the power conferred by subsection 1 shall be so exercised as to ensure that the quantity fixed under that subsection for any year does not exceed in the aggregate twenty per cent, of the quantity of sugar produced in india in the season ending with the month of october falling within that year

section 7. of the sugar export promotion act : 1 where sugar delivered by any owner falls short of the export quota fixed for it by any quantity hereinafter referred to as the said quantity, there shall be levied and collected on so much of the sugar dispatched from the factory for consumption in india as is equal to the said quantity, a duty of excise at the rate of 1fortyfive rupees and fifty five naye paise per quintal. 2 the duty of excise referred to in subsection 1 shall be in addition to the duty of excise chargeable on sugar under any other law for the time being in force, and shall be paid by the owner to such authority as may be specified in the notice demanding the payment of duty and within such period not exceeding ninety days as may be specified in such notice. person is liable under the rules made under the central excises and salt act, 1 of , is adjudged. 3 if any such owner does not pay the whole or any part of the duty payable by him within the period referred to in subsection 2, he shall be liable to pay in respect of every period of thirty days or part thereof during which the default continues a penalty which may extend to ten per cent, of the duty outstanding from time to time, the penalty being adjudged in the same manner as the penalty to which a fortyfive rupees and fifty five naye paise per quintal. 4 the provisions of the central excises and salt act, 1 of , and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the duty of excise or any other sum referred to in this section as they apply in relation to the levy and collection of the duty on sugar or other sums of money payable to the central government under that act or the rules made thereunder. 1. subs by act 38 of , s. 8, for seventeen rupees per mound w.e.f. .

section 10. of the sugar export promotion act : the export agency specified under section 3 shall be bound, in the discharge of its functions under this act, by such general or special directions, as the central government may give to it in writing.

section 3. of the sugar export promotion act : 1 for the purposes of this act, the central government may, by notification in the official gazette, specify as an export agency any company within the meaning of the companies act, 1 of , or any body of persons established or recognised as a body corporated by or under any other law for the time being in force. 2 where any such company or other body corporate has been specified as an export agency, it shall be lawful for such agency to perform all or any of the functions of an export agency under this act, notwithstanding anything to the contrary contained in the memorandum or article of association of the company or, as the case may be, the law applicable thereto.

section 2. of the sugar export promotion act : in this act, unless the context otherwise requires, a export means taking out of india by sea, land or air b export agency means any such agency as may be specified in this behalf under section 3, and when no such agency has been so specified, the central government c export quota means the export quota referred to in section 5 d factory means any premises including the precincts thereof wherein sugar is being produced by the vacuum pan process e owner i with reference to any factory the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists ii with reference to any factory for which an agent, by whatever name called, is employed, means the agent, if, and in so far as, he has been duly authorised by the owner in that behalf, and iii with reference to any factory the management of which has been taken over by any person or body of persons under the industries development and regulation act, 65 of , means that person or body of persons f sugar means any form of sugar containing more than ninety per cent, of sucrose g year means the year beginning on the first day of may.

section 5. of the sugar export promotion act : the central government shall by order in writing, apportion the quantity of sugar fixed from time to time for purposes of export under section 4 among the owners in proportion to the quantity of sugar produced, or likely to be produced, by them respectively during the season referred to in subsection 2 of section 4, and such order shall be communicated to each of the owners, and the quantity so apportioned shall be deemed to be the export quota for the factory of that owner

section 12. of the sugar export promotion act : no suit, prosecution or other legal proceeding shall lie against the export agency of the central government or any of its officers for or in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 6. of the sugar export promotion act : 1 every owner shall, on demand by the export agency, deliver to it from time to time sugar produced in his factory in such quantities not exceeding in the aggregate his export quota fixed for the factory or group of factories, as the case may be, of such grade, in such manner, within such time and at such place, as may be specified by the export agency in this behalf. 2 when sugar has been delivered by an owner in accordance with the provision of subsection 1, the owner shall retain no rights in respect of such sugar except his right to receive payment therefore under section 9.

section 9. of the sugar export promotion act : 1 the export agency shall, at such time as it thinks fit, make to the owners who have delivered sugar to it under this act, payments determined in accordance with the provisions hereinafter in this section contained. 2 from the total sale proceeds in respect of the quantity fixed for export under section 4 for any year, there shall be deducted the total expenditure incurred by the export agency in respect of the sugar, whether by way of administrative expenses or otherwise, and the balance shall be apportioned among the owners in proportion to the quantity of sugar delivered by them respectively during that year. 3 in making any distribution under this section, the export agency shall make such adjustments as may be necessary having regard to the grade of sugar delivered by any owner, the adjustments being made on the basis of sugar of isse29 grade and with reference to the price differential schedule for different grades of sugar which the central government may, by notification in the official gazette, publish in this behalf. 4 notwithstanding anything contained in this section and subject to the rules which may be made in this behalf, the export agency may make on account payments to owners against documents of delivery of sugar furnished by them, and such payments shall be adjusted at the time of final payment.

section 14. of the sugar export promotion act : repealed by the repealing and amending act, 58 of , s. 2 and sch. i.

section 11. of the sugar export promotion act : the central government may, by notification in the official gazette, direct, that any power conferred on it by this act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the central government as may be specified in the notification.

section 13. of the sugar export promotion act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the submission by owners to such authority as may be specified in this behalf, of returns or reports or other information relating to the manufacture, sale, dispatch, stocks and prices of sugar. b the manner in which the accounts of the export agency may be maintained and audited c the inspection of records and registers of factories and the export agency d the making of payments by the export agency to owners e any other matter which is to be or may be prescribed under this act. 3 in making a rule under this section, the central government may direct that a breach thereof shall be punishable with fine which may extend to five thousand rupees. 4 all rules made under this act shall be laid for not less than thirty days before each house of parliament as soon as may be after they are made and shall be subject to such modifications as parliament may make during the session in which they are so laid or the session immediately following.

section 7. of the immigration carriers liability act : the provisions of this act and the rules made thereunder shall be in addition to, and not in derogation of, the registration of foreigners act, , the passport entry into india act, and the foreigners act, or the rules or orders made thereunder.

section 2. of the immigration carriers liability act : 1 in this act, unless the context otherwise requires, a carrier means a person who is engaged in the business of transporting passengers by water or air and includes any association of persons, whether incorporated or not, by whom the aircraft or the ship is owned or chartered b competent authority means the civil authority appointed under subparagraph 2 of paragraph 2 of the foreigners order, made under the foreigners act, 31 of or any other officer notified by the central government in this behalf c prescribed means prescribed by rules made under this act. 2 words and expressions not defined in this act but defined in the foreigners act, 31 of or the passport entry into india act, 34 of shall have the meanings respectively assigned to them in those acts.

section 4. of the immigration carriers liability act : show related subordinates 1 an appeal shall lie against the order made under section 3 of this act to the joint secretary to the government of india in the ministry of home affairs authorised in this behalf by that government. 2 every such appeal shall be preferred within thirty days from the date of the order appealed against: provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, permit the appellant to prefer the appeal within a further period of thirty days. 3 on receipt of any such appeal, the appellate authority shall, after giving the parties a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the order appealed against. 4 every appeal shall be preferred on payment of such fees as may be prescribed.

section 1. of the immigration carriers liability act : 1 this act may be called the immigration carriers liability act, . 2 it extends to the whole of india.

section 6. of the immigration carriers liability act : no suit, prosecution or other legal proceeding shall lie against the central government or the competent authority or any officer of the central government or any other person exercising any powers or discharging any functions or performing any duty under this act for anything in good faith done or intended to be done under this act or any rule made thereunder.

section 8. of the immigration carriers liability act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the fees which shall be paid for appeals under subsection 4 of section 4 b any other matter which is required to be, or may be, prescribed

section 3. of the immigration carriers liability act : show related subordinates where the competent authority is of the opinion that any carrier has brought a person in contravention of the provisions of the passport entry into india act, 34 of and rules made thereunder into india, he may by order impose a penalty of rupees one lakh on such carrier: provided that no order shall be passed without giving the carrier an opportunity of being heard in the matter.

section 9. of the immigration carriers liability act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 5. of the immigration carriers liability act : where any penalty imposed under this act is not paid, the competent authority may recover the penalty so payable by seizing, detaining or selling a the aircraft or the ship or b any goods on the ship or aircraft, belonging to the carrier.

section 3a. of the immigration carriers liability act : show related subordinates 13a. power to exempt. 1 without prejudice to the provisions of the passport entry into india act, 34 of and the rules made thereunder, if the central government is of opinion that it is necessary or expedient in the interest of the general public or to fulfil the international obligation, it may, by order notified in the official gazette and subject to such conditions as may be specified in the order, exempt any carrier or class of carrier from the operations of all or any of the provisions of this act and may, as often as may be necessary, revoke or modify such order. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament. 1. ins. by act 44 of , s. 2 w.e.f. .

section 10. of the immigration carriers liability act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of two years from the commencement of this act. 2 every order under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 8. of the religious endowments act : the members of the said committee shall be appointed from among persons professing the religion for the purposes of which the mosque, temple or other religious establishment was founded or is now maintained, and in accordance, so far as can be ascertained, with the general wishes of those who are interested in the maintenance of such mosque, temple or other religious establishment. the appointment of the committee shall be notified in the official gazette. ascertaining wishes of persons interested.in order to ascertain the general wishes of such persons in respect of such appointment, the state government may cause an election to be held, under such rules 1, by notification in the official gazette, not inconsistent with the provisions of this act as shall be framed by such state government. 1every rule framed under this section shall be laid, as soon as it is framed, before the state legislature. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 1.. of the religious endowments act : repeal of parts of bengal regulation 19 of and madras regulation 7 of .rep. by the repealing act, 14 of , s. 1 and the schedule.

section 2. of the religious endowments act : in this act, 1 civil court and court.the words civil court and court shall 2save as provided in section 10 mean the principal court of original civil jurisdiction in the district in which 1or any other court empowered in that behalf by the state government within the local limits of the jurisdiction of which the mosque, temple or religious establishment is situate, relating to which, or to the endowment whereof, any suit shall be instituted or application made under the provisions of this act. 1. the clauses relating to number and gender rep. by act 10 of , s. 3 and the second schedule w.e.f. . 2. ins. by act 21 of , s. 2 w.e.f. .

section 3. of the religious endowments act : in the case of every mosque, temple or other religious establishment to which the provisions of either of the regulations specified in 1the preamble to this act are applicable, and nomination of the trustee, manager or superintendent thereof, at the time of the passing of this act, is vested in, or may be exercised by, the government, or any public officer, or in which the nomination of such trustee, manager or superintendent shall be subject to the confirmation of the government or any public officer, the state government shall, as soon as possible after the passing of this act, make special provision as hereinafter provided. 1. subs. by act 12 of , s. 2 and the second schedule, for section 1 w.e.f. .

section 7. of the religious endowments act : in all cases described in section 3 of this act the state government shall once for all appoint one or more committees in every division or district to take the place, and to exercise the powers, of the board of revenue and the local agents under the regulations hereby repealed. constitution and duties of committees.such committee shall consist of three or more persons, and shall perform all the duties imposed on such board and local agents, except in respect of any property which is specially provided for under section 21 of this act.

section 4., of trustproperty in charge of revenue board. of the religious endowments act : in the case of every such mosque, temple or other religious establishment which, at the time of the passing of this act, shall be under the management of any trustee, manager or superintendent, whose nomination shall not vest in, nor be exercised by, nor be subject to the confirmation of, the government, or any public officer, the state government shall, as soon as possible after the passing of this act, transfer to such trustee, manager or superintendent, all the landed or other property which, at the time of the passing of this act, shall be under the superintendence or in the possession of the board of revenue, or any local agent, and belonging to such mosque, temple of other religious establishment, except such property as is hereinafter provided cessation of boards powers as to such property.and the powers and responsibilities of the board of revenue, and the local agents, in respect to such mosque, temple or other religious establishment, and to all land and other property so transferred, except as regards acts done and liabilities incurred by the said board of revenue or any local agent, previous to such transfer, shall cease and determine.

section 9. of the religious endowments act : every member of a committee appointed as above shall hold his office for life, unless removed for misconduct or unfitness removal.and no such member shall be removed except by an order of the civil court as hereinafter provided.

section 6., of trustees to whom property is transferred under section 4. of the religious endowments act : the rights, powers, and responsibilities of every trustee, manager or superintendent, to whom the land and other property of any mosque, temple or other religious establishment is transferred in the manner prescribed in section 4 of this act, as well as the conditions of their appointment, election and removal, shall be the same as if this act had not been passed, except in respect of the liability to be sued under this act, and except in respect of the authority of the board of revenue, and local agents, given by the regulations hereby repealed, over such mosque, temple or religious establishment, and over such trustee, manager, or superintendent, which authority is hereby determined and repealed. all the powers which might be exercised by any board or local agent, for the recovery of the rent of land or other property transferred under the said section 4 of this act, may, from the date of such transfer, be exercised by any trustee, manager or superintendent to whom such transfer is made.

section 5. of the religious endowments act : 45. procedure in case of dispute as to right of succession to vacated trusteeship.whenever from any cause a vacancy shall occur in the office of any trustee, manager, or superintendent, to whom any property shall have been transferred under the last preceding section, and any dispute shall arise respecting the right of succession to such office, it shall be lawful for any person interested in the mosque, temple or religious establishment, to which such property shall belong, or in the performance of the worship or of the service thereof, or the trusts relating thereto, to apply to the civil court to appoint a manager of such mosque, temple or other religious establishment, and thereupon such court may appoint such manager, to act until some other person shall by suit have established his right of succession to such office. powers of managers appointed by court.the manager so appointed by the civil court shall have, and shall exercise, all the powers which, under this or any other act, the former trustee, manager, or superintendent, in whose place such manager is appointed, by the court, had or could exercise, in relation to such mosque, temple or religious establishment, or the property belonging thereto. 1. section 5 shall not apply to any wakf to which the wakf act, 29 of applies w.e.f. .

section 15. of the religious endowments act : the interest required in order to entitle a person to sue under the last preceding section need not be a pecuniary, or a direct or immediate, interest or such an interest as would entitle the person suing to take any part in the management or superintendence of the trusts. any person having a right of attendance, or having been in the habit of attending, at the performance of the worship or service of any mosque, temple or religious establishment, or of partaking in the benefit of any distribution of alms, shall be deemed to be a person interested within the meaning of the last preceding section.

section 10. of the religious endowments act : whenever any vacancy shall occur among the members of a committee appointed as above, a new member shall be elected to fill the vacancy by the persons interested as above provided. procedure.the remaining members of the committee shall, as soon as possible, give public notice of such vacancy, and shall fix a day, which shall not be later than three months from the date of such vacancy, for an election of a new member by the persons interested as above provided, under rules for elections which shall be framed by the state government and whoever shall be then elected, under the said rules, shall be a member of the committee to fill such vacancy. when court may fill vacancy.if any vacancy as aforesaid shall not be filled up by such election as aforesaid within three months after it has occurred, the civil court, on the application of any person whatever, may appoint a person to fill the vacancy or may order that the vacancy be forthwith filled up by the remaining members of the committee, with which order it shall then be the duty of such remaining members to comply and if this order be not complied with, the civil court may appoint a member to fill the said vacancy. 1explanation.in this section civil court means the principal court of original civil jurisdiction in the district in which the mosques, temples or religious establishments for which the committee has been appointed or any of them are situate. 1. added by act 21 of , s. 3 w.e.f. .

section 11., of mosque, etc. of the religious endowments act : no member of a committee appointed under this act shall be capable of being, or shall act, also as a trustee, manager or superintendent of the mosque, temple or other religious establishment for the management of which such committee shall have been appointed.

section 17. of the religious endowments act : nothing in the last preceding section shall prevent the parties from applying to the court, or the court from making the order of reference, under the said 1section 21 of the arbitration act, . 1. subs. by s. 49 and the fourth schedule, ibid., for section 312 of the said code of civil procedure w.e.f. .

section 12. of the religious endowments act : immediately on the appointment of a committee as above provided for the superintendence of any such mosque, temple or religious establishment, and for the management of its affairs, the board of revenue, or the local agents acting under the authority of the said board, shall transfer to such committee all landed or other property which at the time of appointment shall be under the superintendence, or in the possession of the said board or local agents, and belonging to the said religious establishment, except as is hereinafter provided for, termination of powers and responsibilities of board and agents.and thereupon the powers and responsibilities of the board and the local agents, in respect to such mosque, temple or religious establishment, and to all land and other property so transferred except as above, and except as regards acts done and liabilities incurred by the said board or agents previous to such transfer, shall cease and determine. commencement of powers of committee.all the powers which might be exercised by any board or local agent for the recovery of the rent of land or other property transferred under this section may from the date of such transfer be exercised by such committee to whom such transfer is made.

section 13., as to accounts. of the religious endowments act : it shall be the duty of every trustee, manager and superintendent of a mosque, temple or religious establishment of which the provisions of this act shall apply to keep regular accounts of his receipts and disbursements in respect of the endowments and expenses of such mosque, temple or other religious establishment and of committee.and it shall be the duty of every committee of management, appointed or acting under the authority of this act, to require from every trustee, manager and superintendent of such mosque, temple or other religious establishment, the production of such regular accounts of such receipts and disbursements at least once in every year and every such committee of management shall themselves keep such accounts thereof.

section 14. of the religious endowments act : any person or persons interested in any mosque, temple or religious establishment, or in the performance of the worship or of the service thereof, or the trusts relating thereto, may, without joining as plaintiff any of the other persons interested therein, sue before the civil court the trustee, manager or superintendent of such mosque, temple or religious establishment or the member of any committee appointed under this act, for any misfeasance, breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of the trusts vested in, or confided to, them respectively powers of civil court.and the civil court may direct the specific performance of any act by such trustee, manager, superintendent or member of a committee, and may decree damages and costs against such trustee, manager, superintendent or member of a committee, and may also direct the removal of such trustee, manager, superintendent or member of a committee.

section 16. of the religious endowments act : in any suit or proceeding instituted under this act it shall be lawful for the court before which such suit or proceeding is pending to order any matter in difference in such suit to be referred for decision to one or more arbitrators. act 10 of applied.whenever any such order shall be made, the provisions of 1chapter iv of the arbitration act, 10 of shall in all respects apply to such order and arbitration, in the same manner as if such order had been made on the application of the parties under 2section 21 of the said act. 1. subs. by act 10 of , s. 49 and the fourth schedule, for chapter vi of the code of civil procedure w.e.f. . 2. subs. by s. 49 and the fourth schedule, ibid., for section 312 of the said code w.e.f. .

section 21. of the religious endowments act : in any case in which any land or other property has been granted for the support of an establishment partly of a religious and partly of a secular character, or in which the endowment made for the support of an establishment is appropriated partly to religious and partly to secular uses, the board of revenue, before transferring to any trustee, manager or superintendent, or to any committee of management appointed under this act, shall determine what portion, if any, of the said land or other property shall remain under the superintendence of the said board for application to secular uses, and what portion shall be transferred to the superintendence of the trustee, manager or superintendent, or of the committee, and also what annual amount, if any, shall be charged on the land or other property which may be so transferred to the superintendence of the said trustee, manager or superintendent, or of the committee, and made payable to the said board or to the local agents, for secular uses as aforesaid. in every such case the provisions of this act shall take effect only in respect to such land and other property as may be so transferred.

section 18. of the religious endowments act : no suit shall be entertained under this act without a preliminary application being first made to the court for leave to institute such suit 1. the court, on the perusal of the application, shall determine whether there are sufficient prima facie grounds for the institution of a suit, and, if in the judgment of the court there are such grounds, leave shall be given for its institution. costs.2 if the court shall be of opinion that the suit has been for the benefit of the trust, and that no party to the suit is in fault, the court may order the costs or such portion as it may consider just to be paid out of the estate. 1. the words the application may be made upon unstamped paper. rep. by act 7 of , s. 2 and the third schedule w.e.f. . 2. the words in calculating the costs at the termination of the suit, the stamp duty on the preliminary application shall be estimated, and shall be added to the costs of the suit., rep. by s. 2 and the third schedule, ibid.

section 24.. of the religious endowments act : india.rep. by the a.o. .

section 19. of the religious endowments act : before giving leave for institution of a suit, or, after leave has been given, before any proceeding is taken, or at any time when the suit is pending, the court may order the trustee, manager or superintendent, or any member of a committee, as the case may be, to file in court the accounts of the trust, or such part thereof as to the court may seem necessary.

section 22. of the religious endowments act : except as provided in this act, it shall not be lawful 1 for 2the central government or any state government, or for any officer of any government in his official character, to undertake or resume the superintendence of any land or other property granted for the support of, or otherwise belonging to, any mosque, temple or other religious establishment, or to take any part in the management or, appropriation of any endowment made for the maintenance of any such mosque, temple or other establishment, or to nominate or appoint any trustee, manager or superintendent thereof, or to be in any way concerned therewith3 . 1. the words after the passing of this act rep. by act 16 of , s. 1 and the schedule w.e.f. . 2. subs. by the a.o. , for any govt. in indiadb. 3. a proviso to s. 22 has been added to apply only to bengal by the bengal waqf act, ben. act 13 of .

section 20. of the religious endowments act : no suit or proceeding before any civil court under the preceding sections shall in any way affect or interfere with any proceeding in a criminal court for criminal breach of trust.

section 23. of the religious endowments act : nothing in this act shall be held to affect the provisions the 4regulations mentioned in this act, except in so far as they relate to mosques, hindu temples and other religious establishments or to prevent the government from taking such steps as it may deem necessary, under the provisions of the said regulations, to prevent injury to and preserve buildings1 remarkable for their antiquity, or for their historical or architectural value, or required for the convenience of the public.2 1. namely the bengal charitable endowments, public buildings and escheats regulation, ben. reg. 19 of , and madras endowments and escheats regulation, mad. reg. 7 of . 2. see now also the ancient monuments preservation act, 7 of w.e.f. . 3. a new section 23a has been added to apply only to bengal by the bengal waqf act, ben. act 13 of .

section 7a. of the fiscal responsibility and budget management act : 17a. laying of review reports.the central government may entrust the comptroller and auditorgeneral of india to review periodically as required, the compliance of the provisions of this act and such reviews shall be laid on the table of both houses of parliament. 1. ins. by act 23 of , s. 149 w. e. f. .

section 1. of the fiscal responsibility and budget management act : show related subordinates 1 this act may be called the fiscal responsibility and budget management act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 5th july, , vide notification no. g.s.r. 395e, dated 2nd july, , see gazette of india, extraordinary, part ii, sec. 3i

section 2. of the fiscal responsibility and budget management act : in this act, unless the context otherwise requires, a fiscal deficit means the excess of total disbursements, from the consolidated fund of india, excluding repayment of debt, over total receipts into the fund excluding the debt receipts, during a financial year 12aa central government debt at any date means i the total outstanding liabilities of the central government on the security of the consolidated fund of india, including external debt valued at current exchange rates ii the total outstanding liabilities in the public account of india and iii such financial liabilities of any body corporate or other entity owned or controlled by the central government, which the government is to repay or service from the annual financial statement, reduced by the cash balance available at the end of that date b fiscal indicators means the measures such as numerical ceilings and proportions to gross domestic product, as may be prescribed, for evaluation of the fiscal position of the central government 13bb general government debt means the sum total of the debt of the central government and the state governments, excluding intergovernmental liabilities 4bc gross domestic product means the sum of the gross value added by all resident production units plus that part of taxes, less subsidies, on products, which is not included in the valuation of output, during a financial year, reckoned at current market prices, as published by the central statistics office from time to time c prescribed means prescribed by rules made under this act 4ca real gross domestic product means gross domestic product, reckoned at constant prices, as published by the central statistics office from time to time cb real output growth means growth in real gross domestic product d reserve bank means the reserve bank of india constituted under subsection 1 of section 3 of the reserve bank of india act, 2 of 5 1. ins. by act 23 of , s. 146 w. e. f. . 2. subs. by act 13 of , s. 211, for clause aa w.e.f . 3. subs. by s. 211, ibid., for clause bb w.e.f . 4. ins. by s. 211, ibid. w.e.f . 5. clauses e and f omitted by act 13 of , s. 211 w.e.f.

section 7. of the fiscal responsibility and budget management act : 1 the ministerincharge of the ministry of finance shall review, 1on halfyearly basis, the trends in receipts and expenditure in relation to the budget and place before both houses of parliament the outcome of such reviews. 21a the central government shall prepare a monthly statement of its accounts. 2 whenever there is either shortfall in revenue or excess of expenditure over the 3prescribed levels during any period in a financial year, the central government shall take appropriate measures for increasing revenue or for reducing the expenditure including curtailing of the sums authorised to be paid and applied from and out of the consolidated fund of india under any act so as to provide for the appropriation of such sums: provided that nothing in this subsection shall apply to the expenditure charged on the consolidated fund of india under clause 3 of article 112 of the constitution or to any other expenditure which is required to be incurred under any agreement or contract or such other expenditure which cannot be postponed or curtailed. 3a except as provided under this act, no deviation in meeting the obligations cast on the central government under this act, shall be permissible without approval of parliament. b where, owing to unforeseen circumstances, any deviation is made in meeting the obligations cast on the central government under this act, the ministerincharge of the ministry of finance shall make a statement in both houses of parliament explaining i any deviation in meeting the obligations cast on the central government under this act ii whether such deviation is substantial and relates to the actual or the potential budgetary outcomes and iii the remedial measures the central government proposes to take. 1. subs. by s. 215, ibid., for every quarter w.e.f. . 2. ins. by s. 215, ibid. w.e.f. . 3. subs. by s. 215, ibid., for prespecified levels mentioned in the fiscal policy strategy statement and the rules made under this act w.e.f. .

section 3. of the fiscal responsibility and budget management act : 1 the central government shall lay in each financial year before both houses of parliament the following statements of fiscal policy along with the annual financial statement and 1demands for grants except the mediumterm expenditure framework statement, namely: a the mediumterm fiscal policy statement b the fiscal policy strategy statement c the macroeconomic framework statement 2d the mediumterm expenditure framework statement. 21a the statements referred to in clauses a to c of subsection 1 shall be followed up with the mediumterm expenditure framework statement with detailed analysis of underlying assumptions. 1b the central government shall lay the mediumterm expenditure framework statement referred to in clause d of subsection 1 before both houses of parliament, immediately, following the session of parliament in which the policy statements referred to in clauses a to c were laid under subsection 1. 2 the mediumterm fiscal policy statement shall set forth a threeyear rolling target for prescribed fiscal indicators with specification of underlying assumptions. 3 in particular, and without prejudice to the provisions contained in subsection 2, the mediumterm fiscal policy statement shall include an assessment of sustainability relating to 3 ii the use of capital receipts including market borrowings for generating productive assets. 4 the fiscal policy strategy statement shall, inter alia, contain a the policies of the central government for the ensuing financial year relating to taxation, expenditure, market borrowings and other liabilities, lending and investments, pricing of administered goods and services, securities and description of other activities such as underwriting and guarantees which have potential budgetary implications b the strategic priorities of the central government for the ensuing financial year in the fiscal area c the key fiscal measures and rationale for any major deviation in fiscal measures pertaining to taxation, subsidy, expenditure, administered pricing and borrowings d an evaluation as to how the current policies of the central government are in conformity with the fiscal management principles set out in section 4 and the objectives set out in the mediumterm fiscal policy statement. 5 the macroeconomic framework statement shall contain an assessment of the growth prospects of the economy with specification of underlying assumptions. 6 in particular and without prejudice to the generality of the foregoing provisions the macroeconomic framework statement shall contain an assessment relating to a the growth in the gross domestic product b the fiscal balance of the union government as reflected in the 4 gross fiscal balance c the external sector balance of the economy as reflected in the current account balance of the balance of payments. 56a a the mediumterm expenditure framework statement shall set forth a threeyear rolling target for prescribed expenditure indicators with specification of underlying assumptions and risk involved. b in particular and without prejudice to the provisions contained in clause a, the mediumterm expenditure framework statement shall, inter alia, contain i the expenditure commitment of major policy changes involving new service, new instruments of service, new schemes and programmes ii the explicit contingent liabilities, which are in the form of stipulated annuity payments over a multiyear timeframe 6 7 the mediumterm fiscal policy statement, 7the fiscal policy strategy statement, the mediumterm expenditure framework statement and the macroeconomic framework statement referred to in subsection 1 shall be in such form as may be prescribed. 1. subs. by act 23 of , s. 147, for demand for grants w. e. f. . 2. ins. by s. 147, ibid. w. e. f. . 3. item i omitted by act 13 of , s. 212 w.e.f. . 4. the words revenue balance and omitted by s. 212, ibid. w.e.f. 5. ins. by act 23 of , s. 147 w. e. f. . 6. item iii omitted by act 13 of , s. 212, w.e.f. . 7. subs. by act 23 of , s. 147, for the fiscal policy strategy statement w.e.f. .

section 8. of the fiscal responsibility and budget management act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the annual targets to be specified under subsection 2 of section 4 b the fiscal indicators to be prescribed for the purpose of subsection 2 of section 3 1ba the expenditure indicators with specifications of underlying assumptions and risk involved under clause a of subsection 6a of section 3 c the forms of the mediumterm fiscal policy statement, 2fiscal policy strategy statement, mediumterm expenditure framework statement and macroeconomic frame work statement referred to in subsection 7 of section 3 3 d the disclosures and form in which such disclosures shall be made under subsection 2 of section 6 4da the level of short fall in revenue or excess of expenditure under subsection 2 of section 7 e any other matter which is required to be, or may be, prescribed. 1. ins. by s. 150, ibid. w. e. f. . 2. subs. by s. 150, ibid., for fiscal policy strategy statement w.e.f. . 3. clause ca omitted by act of 13 of , s. 216 w.e.f. . 4. ins. by s. 216, ibid. w.e.f. .

section 5. of the fiscal responsibility and budget management act : 1 the central government shall not borrow from the reserve bank. 2 notwithstanding anything contained in subsection 1, the central government may borrow from the reserve bank by way of advances to meet temporary excess of cash disbursement over cash receipts during any financial year in accordance with the agreements which may be entered into by that government with the reserve bank: provided that any advances made by the reserve bank to meet temporary excess cash disbursement over cash receipts in any financial year shall be repayable in accordance with the provisions contained in subsection 5 of section 17 of the reserve bank of india act, 2 of . 13 notwithstanding anything contained in subsection 1, the reserve bank may subscribe to the primary issues of central government securities due to ground or grounds specified in the proviso to subsection 2 of section 4. 4 notwithstanding anything contained in subsection 1, the reserve bank may buy and sell the central government securities in the secondary market 2or converts central government securities held by it with other securities of the central government as mutually agreed between the reserve bank and the central government. 1. subs. by act 13 of , s. 214, for subsection 3 w.e.f. . 2. ins. by s. 214, ibid. w.e.f.

section 4. of the fiscal responsibility and budget management act : 14. fiscal management principles.1 the central government shall, a take appropriate measures to limit the fiscal deficit upto three per cent. of gross domestic product by the 31st march, b endeavour to ensure that i the general government debt does not exceed sixty per cent. ii the central government debt does not exceed forty per cent., of gross domestic product by the end of financial year c not give additional guarantees with respect to any loan on security of the consolidated fund of india in excess of onehalf per cent. of gross domestic product, in any financial year d endeavour to ensure that the fiscal targets specified in clauses a and b are not exceeded after stipulated target dates. 2 the central government shall prescribe the annual targets for reduction of fiscal deficit for the period beginning from the date of commencement of part xv of chapter viii of the finance act, 13 of , and ending on the 31st march, : provided that exceeding annual fiscal deficit target due to ground or grounds of national security, act of war, national calamity, collapse of agriculture severely affecting farm output and incomes, structural reforms in the economy with unanticipated fiscal implications, decline in real output growth of a quarter by at least three per cent. points below its average of the previous four quarters, may be allowed for the purposes of this section. 3 any deviation from fiscal deficit target under subsection 2 shall not exceed onehalf per cent. of the gross domestic product in a year. 4 the central government shall, in case of increase in real output growth of a quarter by at least three per cent. points above its average of the previous four quarters, reduce the fiscal deficit by at least onequarter per cent. of the gross domestic product in a year. 5 where the fiscal deficit is allowed to vary from the target prescribed under the proviso to subsection 2 or deviation is initiated under subsection 4, a statement explaining the reasons thereof and the path of return to annual prescribed targets under this section shall be laid, as soon as may be, before both the houses of parliament. 1. subs. by act 13 of , s. 213, for section 4 w.e.f. .

section 9. of the fiscal responsibility and budget management act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the fiscal responsibility and budget management act : 1 the central government shall take suitable measures to ensure greater transparency in its fiscal operations in public interest and minimise as far as practicable, secrecy in the preparation of the annual financial statement and demands for grants. 2 in particular, and without prejudice to the generality of the foregoing provision, the central government shall, at the time of presentation of annual financial statement and demands for grants, make such disclosures and in such form as may be prescribed.

section 13. of the fiscal responsibility and budget management act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 10. of the fiscal responsibility and budget management act : no suit, prosecution or other legal proceedings shall lie against the central government or any officer of the central government for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 11. of the fiscal responsibility and budget management act : no civil court shall have jurisdiction to question the legality of any action taken by, or any decision of, the central government, under this act.

section 12. of the fiscal responsibility and budget management act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

section 6. of the general clauses act : where this act, or any 1central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not a revive anything not in force or existing at the time at which the repeal takes effect or b affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder or c affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed or d affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed or e affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed. 1. subs. by the a.o. , for act of the governorgeneral in council.

section 6a. of the general clauses act : 16a. repeal of act making textual amendment in act or regulation.where any 2central act or regulation made after the commencement of this act repeals any enactment by which the text of any2central act or regulation was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal. 1. ins. by act 19 of , s. 2. 2. subs. by the a.o. , for act of the governorgeneral in council.

section 7. of the general clauses act : 1 in any 1central act or regulation made after the commencement of this act, it shall be necessary, for the purpose of reviving, either wholly or partially, any enactment wholly or partially repealed, expressly to state that purpose. 2 this section applies also to all 2central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for acts of the governorgeneral in council. 2. subs., ibid., for acts of the governorgeneral in council.

section 1. of the general clauses act : 1 this act may be called the general clauses act, 1 2 1. the word and rep. by act 10 of , s. 3 and the second schedule. 2. subsection 2 rep. by s. 3 and the second schedule, ibid.

section 3. of the general clauses act : 13. definitions. in this act, and in all central acts and regulations made after the commencement of this act, unless there is anything repugnant in the subject or context, 1 abet, with its grammatical variations and cognate expressions, shall have the same meaning as in the indian penal code 45 of 2 act, used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions 3 affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing 4 barrister shall mean a barrister of england or ireland, or a member of the faculty of advocates in scotland 5 british india shall mean, as respects the period before the commencement of part iii of the government of india act, , all territories and places within his majestys dominions which were for the time being governed by his majesty through the governor general of india or through any governor or officer subordinate to the governor general of india, and as respects any period after that date and before the date of the establishment of the dominion of india means all territories for the time being comprised within the governors provinces and the chief commissioners provinces, except that a reference to british india in an indian law passed or made before the commencement of part iii of the government of india act, , shall not include a reference to berar 6 british possession shall mean any part of her majestys dominions exclusive of the united kingdom, and where parts of those dominions are under both a central and a local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one british possession 7 central act shall means an act of parliament, and shall include a an act of the dominion legislature or of the indian legislature passed before the commencement of the constitution, and b an act made before such commencement by the governor general in council or the governor general, acting in a legislative capacity 8 central government shall, a in relation to anything done before the commencement of the constitution, mean the governor general or the governor general in council, as the case may be and shall include, i in relation to functions entrusted under subsection 1 of section 124 of the government of india act, , to the government of a province, the provincial government acting within the scope of the authority given to it under that subsection and ii in relation to the administration of a chief commissioners province, the chief commissioner acting within the scope of the authority given to him under subsection 3 of section 94 of the said act and b in relation to anything done or to be done after the commencement of the constitution, mean the president and shall include, i in relation to functions entrusted under clause 1 of article 258 of the constitution, to the government of a state, the state government acting within the scope of the authority given to it under that clause 2 ii in relation to the administration of a part c state 3before the commencement of the constitution seventh amendment act, , the chief commissioner or the lieutenant governor or the government of a neighbouring state or other authority acting within the scope of the authority given to him or it under article 239 or article 243 of the constitution, as the case may be 3and iii in relation to the administration of a union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the constitution 9 chapter shall mean a chapter of the act or regulation in which the word occurs 10 chief controlling revenue authority or chief revenue authority shall mean a in a state where there is a board of revenue, that board b in a state where there is a revenue commissioner, that commissioner c in punjab, the financial commissioner and d elsewhere, such authority as, in relation to matters enumerated in list i in the seventh schedule to the constitution, the central government, and in relation to other matters, the state government, may by notification in the official gazette, appoint 11 collector shall mean, in a presidencytown, the collector of calcutta, madras or bombay, as the case may be, and elsewhere the chief officerincharge of the revenueadministration of a district 12 colony a in any central act passed after the commencement of part iii of the government of india act, , shall mean any part of his majestys dominions exclusive of the british islands, the dominions of india and pakistan and before the establishment of those dominions, british india, any dominions as defined in the statute of westminister, , any province or state forming part of any of the said dominions, and british burma and b in any central act passed before the commencement of part iii of the said act, mean any part of his majestys dominions exclusive of the british islands and of british india and in either case where parts of those dominions are under both a central and local legislature, all parts under the central legislature shall, for the purposes of this definition, be deemed to be one colony. 13 commencement used with reference to an act or regulation, shall mean the day on which the act or regulation comes into force 14 commissioner shall mean the chief officerincharge of the revenue administration of a division 15 constitution shall mean the constitution of india 16 consular officer shall include consulgeneral, consul, viceconsul, consular agent, proconsul and any person for the time being authorised to perform the duties of consulgeneral, consul, viceconsul or consular agent 17 district judge shall mean the judge of a principal civil court of original jurisdiction, but shall not include a high court in the exercise of its ordinary or extraordinary original civil jurisdiction 18 document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter 19 enactment shall include a regulation as hereinafter defined and any regulation of the bengal, madras or bombay code, and shall also include any provision contained in any act or in any such regulation as aforesaid 20 father, in the case of any one whose personal law permits adoption, shall include an adoptive father 21 financial year shall mean the year commencing on the first day of april 22 a thing shall be deemed to be done in good faith where it is in fact done honestly, whether it is done negligently or not 23 government or the government shall include both the central government and any state government 24 government securities shall mean securities of the central government or of any state government, but in any act or regulation made before the commencement of the constitution shall not include securities of the government of any part b state 25 high court, used with reference to civil proceedings, shall mean the highest civil court of appeal not including the supreme court in the part of india in which the act or regulation containing the expression operates 26 immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth 27 imprisonment shall mean imprisonment of either description as defined in the indian penal code 45 of 28 india shall mean, a as respects any period before the establishment of the dominion of india, british india together with all territories of indian rulers then under the suzerainty of his majesty, all territories under the suzerainty of such an indian ruler, and the tribal areas b as respects any period after the establishment of the dominion of india and before the commencement of the constitution, all territories for the time being included in that dominion and c as respects any period after the commencement of the constitution , all territories for the time being comprised in the territory of india 29 indian law shall mean any act, ordinance, regulation, rule, order, byelaw or other instrument which before the commencement of the constitution, had the force of law in any province of india or part thereof, or thereafter has the force of law in any part a state or part c state or part thereof, but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under such act 30 indian state shall mean any territory which the central government recognised as such a state before the commencement of the constitution, whether described as a state, an estate, a jagir or otherwise 31 local authority shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund 32 magistrate shall include every person exercising all or any of the powers of a magistrate under the code of criminal procedure for the time being in force 33 master, used with reference to a ship, shall mean, any person except a pilot or harbourmaster having for the time being control or charge of the ship 34 merged territories shall mean the territories which by virtue of an order made under section 290a of the government of india act, , were immediately before the commencement of the constitution being administered as if they formed part of a governors province or as if they were a chief commissioners province 35 month shall mean a month reckoned according to the british calendar 36 movable property shall mean property of every description, except immovable property 37 oath shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing 38 offence shall mean any act or omission made punishable by any law for the time being in force 39 official gazette or gazette shall mean the gazette of india or the official gazette of a state 40 part shall mean a part of the act or regulation in which the word occurs 41 part a state shall mean a state for the time being specified in part a of the first schedule to the constitution, 4as in force before the constitution seventh amendment act, , part b state shall mean a state for the time being specified in part b of that schedule and part c state shall mean a state for the time being specified in part c of that schedule or a territory for the time being administered by the president under the provisions of article 243 of the constitution 42 person shall include any company or association or body of individuals, whether incorporated or not 43 political agent shall mean, a in relation to any territory outside india, the principal officer, by whatever name called, representing the central government in such territory and b in relation to any territory within india to which the act or regulation containing the expression does not extend, any officer appointed by the central government to exercise all or any of the powers of a political agent under that act or regulation 44 presidencytown shall mean the local limits for the time being of the ordinary original civil jurisdiction of the high court of judicature at calcutta, madras or bombay, as the case may be 45 province shall mean a presidency, a governors province, a lieutenant governors province or a chief commissioners province 46 provincial act shall mean an act made by the governor in council, lieutenant governor in council or chief commissioner in council of a province under any of the indian councils acts or the government of india act, , or an act made by the local legislature or the governor of a province under the government of india act, or an act made by the provincial legislature or governor of a province or the coorg legislative council under the government of india act, 47 provincial government shall mean, as respects anything done before the commencement of the constitution, the authority or person authorised at the relevant date to administer executive government in the province in question 48 public nuisance shall mean a public nuisance as defined in the indian penal code 45 of 49 registered, used with reference to a document, shall mean registered in 5 india under the law for the time being in force for the registration of documents 50 regulation shall mean a regulation made by the president 6under article 240 of the constitution and shall include a regulation made by the president under article 243 thereof and a regulation made by the central government under the government of india act, , or the government of india act, , or the government of india act, 51 rule shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment 52 schedule shall mean a schedule to the act or regulation in which the word occurs 53 scheduled district shall mean a scheduled district as defined in the scheduled districts act, 54 section shall mean a section of the act or regulation in which the word occurs 55 ship shall include every description of vessel used in navigation not exclusively propelled by oars 56 sign, with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include mark, with its grammatical variations and cognate expressions 57 son, in the case of any one whose personal law permits adoption, shall include an adopted son 758 state a as respects any period before the commencement of the constitution seventh amendment act, , shall mean a part a state, a part b state or a part c state and b as respects any period after such commencement, shall mean a state specified in the first schedule to the constitution and shall include a union territory 59 state act shall mean an act passed by the legislature of a state established or continued by the constitution 60 state government, a as respects anything done before the commencement of the constitution, shall mean, in a part a state, the provincial government of the corresponding province, in a part b state, the authority or person authorised at the relevant date to exercise executive government in the corresponding acceding state, and in a part c state, the central government 8 b as respects anything done 9after the commencement of the constitution and before the commencement of the constitution seventh amendment act, , shall mean, in a part a state, the governor, in a part b state, the rajpramukh, and in a part c state, the central government 10c as respects anything done or to be done after the commencement of the constitution seventh amendment act, , shall mean, in a state, the governor, and in a union territory, the central government and shall, in relation to functions entrusted under article 258a of the constitution to the government of india, include the central government acting within the scope of the authority given to it under that article 61 subsection shall mean a subsection of the section in which the word occurs 62 swear, with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing 1062a union territory shall mean any union territory specified in the first schedule to the constitution and shall include any other territory comprised within the territory of india but not specified in that schedule 63 vessel shall include any ship or boat or any other description of vessel used in navigation 64 will shall include a codicil and every writing making a voluntary posthumous disposition of property 65 expressions referring to writing shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form and 66 year shall mean a year reckoned according to the british calendar. 1. subs. by the a.o. , for section 3. 2. the word and omitted by the adaptation of laws no. 1 order, . 3. ins., ibid. 4. ins. by the adaptation of laws no. 1 order, . 5. subs. by the adaptation of laws no. 1 order, for a part a state or a part c state. 6. subs., ibid., for under article 243 of the constitution, and shall include. 7. subs., ibid., for clause 58. 8. the word and omitted by the adaptation of laws no. 1 order, . 9. subs., ibid., for or to be done after the commencement of the constitution. 10. ins., ibid.

section 4. of the general clauses act : 1 the definitions in section 3 of the following words and expressions, that is to say, affidavit, barrister, 1 district judge, father, 2, 3, 4 immovable property, imprisonment, 5 magistrate, month, movable property, oath, person, section, son, swear, will, and year apply also, unless there is anything repugnant in the subject or context, to all 6central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 2 the definitions in the said section of the following words and expressions, that is to say, abet, chapter, commencement, financial year, local authority, master, offence, part, public nuisance, registered, schedule, ship, sign, subsection and writing apply also, unless there is anything repugnant in the subject or context, to all 6central acts and regulations made on or after the fourteenth day of january, . 1. the words british india omitted by the a.o. . 2. the words government of india omitted, ibid. 3. the words her majesty or the queen rep. by act 18 of , s. 3 and the second schedule. 4. the words high court omitted by the a.o. . 5. the words local government omitted, ibid. 6. subs., ibid., for acts of the governorgeneral in council.

section 5. of the general clauses act : 11 where any central act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent, a in the case of a central act made before the commencement of the constitution, of the governorgeneral, and b in the case of an act of parliament, of the president. 2 3 unless the contrary is expressed, a 3central act or regulation shall be construed as coming into operation immediately on the expiration of the day preceding its commencement. 1. subs. by the a.o. , for subsection 1. 2. subsection 2 omitted, ibid. 3. subs. by the a.o. , for act of the governorgeneral in council.

section 2.. of the general clauses act : repeal. rep by the repealing and amending act, 1 of , s. 4 and the third schedule.

section 4a. of the general clauses act : 14a. application of certain definitions to indian laws.1 the definitions in section 3 of the expressions british india, central act, central government, chief controlling revenue authority, chief revenue authority, constitution, gazette, government, government securities, high court, india, indian law, indian state, merged territories, official gazette, part a state, part b state, part c state, provincial government, state and state government shall apply, unless there is anything repugnant in the subject or context, to all indian laws. 2 in any indian law, references, by whatever form of words, to revenues of the central government or of any state government shall, on and from the first day of april, , be construed as references to the consolidated fund of india or the consolidated fund of the state, as the case may be. 1. subs. by the a.o. , for section 4a which was earlier inserted by the a.o. .

section 14. of the general clauses act : 1 where, by any 1central act or regulation made after the commencement of this act, any power is conferred 2, then 3unless a different intention appears that power may be exercised from time to time as occasion requires. 2 this section applies also to all 4central acts and regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for act of the governor general in council. 2. the words on the government omitted by act 18 of , s. 2 and the first schedule. 3. ins. by act 18 of , s. 2 and the first schedule. 4. subs. by the a.o. , for acts of the governor general in council.

section 15. of the general clauses act : where, by any 1central act or regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this act, may be made either by name or by virtue of office. 1. subs. by the a.o. , for act of the governor general in council

section 16. of the general clauses act : where, by any 1central act or regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having 2for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed 3whether by itself or any other authority in exercise of that power. 1. subs. by the a.o. , for act of the governor general in council. 2. ins. by act 18 of , s. 2 and the first schedule. 3. subs. by act 18 of , s. 2 and the first schedule, for by it.

section 13a.. of the general clauses act : 113a. references to the sovereign. rep. by the a.o. . 1. ins. by s. 2 and the first schedule, ibid.

section 10. of the general clauses act : 1 where, by any 1central act or regulation made after the commencement of this act, any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open: provided that nothing in this section shall apply to any act or proceeding to which the 2indian limitation act, 15 of , applies. 2 this section applies also to all 3central acts and regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for acts of the governorgeneral in council. 2. see now the limitation act, 36 of . 3. subs., ibid., for acts of the governorgeneral in council.

section 9. of the general clauses act : 1 in any 1central act or regulation made after the commencement of this act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word from, and, for the purpose of including the last in a series of days or any other period of time, to use the word to. 2 this section applies also to all 2central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for acts of the governorgeneral in council. 2. subs., ibid., for acts of the governorgeneral in council.

section 8. of the general clauses act : 11 where this act, or any 2central act or regulation made after the commencement of this act, repeals and reenacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so reenacted. 32 4where before the fifteenth day of august, , any act of parliament of the united kingdom repealed and reenacted, with or without modification, any provision of a former enactment, then reference in any 2central act or in any regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so reenacted. 1. section 8 renumbered as subsection 1 thereof by act 18 of , s. 2 and the first schedule. 2. subs. by the a.o. , for acts of the governorgeneral in council. 3. ins. by s. 2 and the first schedule, ibid. 4. subs. by the a.o. , for where any act of parliament repeals and reenacts.

section 12. of the general clauses act : where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.

section 11. of the general clauses act : in the measurement of any distance, for the purposes of any 1central act or regulation made after the commencement of this act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane. 1. subs. by the a.o. , for acts of the governorgeneral in council.

section 13. of the general clauses act : in all 1central acts and regulations, unless there is anything repugnant in the subject or context, 1 words importing the masculine gender shall be taken to include females and 2 words in the singular shall include the plural, and vice versa. 1. subs., ibid., for acts of the governorgeneral in council.

section 24., issued under enactments repealed and reenacted. of the general clauses act : where any 1central act or regulation, is, after the commencement of this act, repealed and reenacted with or without modification, then, unless it is otherwise expressly provided any 2appointment notification, order, scheme, rule, form or byelaw, 2made or issued under the repealed act or regulation, shall, so far as it is not inconsistent with the provisions reenacted, continue in force, and be deemed to have been 2made or issued under the provisions so reenacted, unless and until it is superseded by any 2appointment notification, order, scheme, rule, form or byelaw, 2made or issued under the provisions so reenacted 3and when any 1central act or regulation, which, by a notification under section 5 or 5a of the 4scheduled districts act, , 14 of or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn from the reextended to such area or any part thereof, the provisions of such act or regulation shall be deemed to have been repealed and reenacted in such area or part within the meaning of this section. 1. subs. by the a.o. , for act of the governor general in council. 2. ins. by the a.o. , s. 3 and the second schedule. 3. ins. by act 17 of , s. 2 and the first schedule. 4. rep. by the a.o. .

section 23. of the general clauses act : where, by any 1central act or regulation, a power to make rules or byelaws is expressed to be given subject to the condition of the rules or byelaws being made after previous publication, then the following provisions shall apply, namely: 1 the authority having power to make the rules or byelaws shall, before making them, publish a draft of the proposed rules or byelaws for the information of persons likely to be affected thereby 2 the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the 2government concerned prescribes 3 there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration 4 the authority having power to make the rules or byelaws, and, where the rules or byelaws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or byelaws from any person with respect to the draft before the date so specified 5 the publication in the 3official gazette of a rule or byelaw purporting to have been made in exercise of a power to make rules or byelaws after previous publication shall be conclusive proof that the rule or byelaw has been duly made. 1. subs. by the a.o. , for act of the governor general in council. 2. subs. by the a.o. , for central government or the provincial government. 3. subs. by the a.o. , for gazette.

section 22. of the general clauses act : where, by any 1central act or regulation which is not to come into force immediately, on the passing thereof, a power is conferred to make rules or byelaws, or to issue orders with respect to the application of the act or regulation, or with respect to the establishment of any court or office or the appointment of any judge or officer thereunder, of with respect to the person by whom, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the act or regulation, then that power may be exercised at any time after the passing of the act or regulation but rules, byelaws or orders so made or issued shall not take effect till the commencement of the act or regulation. 1. subs. by the a.o. , for act of the governor general in council.

section 17. of the general clauses act : 1 in any 1central act or regulation made after the commencement of this act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed. 2 this section applies also to all 2central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for act of the governor general in council. 2. subs. by the a.o. , for acts of the governor general in council.

section 18. of the general clauses act : 1 in any 1central act or regulation made after the commencement of this act, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations. 2 this section applies also to all 2central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for act of the governor general in council 2. subs. by the a.o. , for acts of the governor general in council.

section 19. of the general clauses act : 1 in any 1central act or regulation made after the commencement of this act, it shall be sufficient, for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior. 2 this section applies also to all 2central acts made after the third day of january, , and to all regulations made on or after the fourteenth day of january, . 1. subs. by the a.o. , for act of the governor general in council. 2. subs. by the a.o. , for acts of the governor general in council.

section 20., issued under enactments. of the general clauses act : where, by any 1central act or regulation, a power to issue any 2notification, order, scheme, rule, form, or byelaw is conferred, then expressions used in the 2notification, order, scheme, rule, form or byelaw, if it is made after the commencement of this act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the act or regulation conferring the power. 1. subs. by the a.o. , for act of the governor general in council 2. ins. by act 1 of , s. 3 and the second schedule.

section 21. of the general clauses act : where, by any 1central act or regulations a power to 2 issue notifications, orders, rules or byelaws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions if any, to add to, amend, vary or rescind any 3notifications, orders, rules or byelaws so 4issued. 1. subs. by the a.o. , for act of the governor general in council. 2. subs. by act 1 of , s. 3 and the second schedule, for make. 3. ins. by s. 3 and the second schedule, ibid. 4. subs. by s. 3 and the second schedule, ibid., for made.

section 25. of the general clauses act : sections 63 to 70 of the indian penal code 45 of and the provisions of the 1code of criminal procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any act, regulation, rule or byelaw, unless the act, regulation, rule or byelaw contains an express provision to the contrary. 1. see, the code of criminal procedure, 2 of .

section 26. of the general clauses act : where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.

section 27. of the general clauses act : where any 1central act or regulation made after the commencement of this act authorizes or requires any document to be served by post, whether the expression serve or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 1. subs. by the a.o. , for act of the governor general in council.

section 31.. of the general clauses act : construction of references to local government of a province. rep. by the a.o. . earlier inserted by act 31 of , s. 2 and the first schedule.

section 28. of the general clauses act : 1 in any 1central act or regulation, and in any rule, byelaw, instrument or document, made under, or with reference to any such act or regulation, any enactment may be cited by reference to the title or short title if any conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or subsection of the enactment in which the provision is contained. 2 in this act and in any 1central act or regulation made after the commencement of this act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. 1. subs. by the a.o. , for act of the governor general in council.

section 30a. of the general clauses act : application of act to acts made by the governorgeneral. rep. by the a.o. . earlier inserted by act 11 of , s. 2 and the first schedule.

section 29. of the general clauses act : the provisions of this act respecting the construction of acts, regulations, rules or byelaws made after the commencement of this act shall not affect the construction of any act, regulation, rule or byelaw made before the commencement of this act, although the act, regulation, rule or byelaw is continued or amended by an act, regulation, rule or byelaw made after the commencement of this act.

section 30. of the general clauses act : 130.application of act to ordinances.in this act the expression 2central act, wherever it occurs, except in section 5 and the word act in 3clauses 9, 13, 25, 40, 43, 52 and 54 of section 3 and in section 25 shall be deemed to include an ordinance made and promulgated by the governor general under section 23 of the indian councils act, or section 72 of the government of india act, , 5 or section 42 6 of the government of india act, 7 and an ordinance promulgated by the president under article 123 of the constitution. 1. ins. by act 17 of , s. 2 and the first schedule. 2. subs. by the a.o. , for act of the governor general in council. 3. subs. by the a.o. , for clauses 9, 12, 38, 48 and 50. 4. ins. by act 24 of , s. 2 and the first schedule. 5. ins. by the a.o. . 6. the words and figures or section 43 omitted by the a.o. . 7. added by the a.o. .

section 8. of the haryana and punjab agricultural universities act : 1 each corresponding university shall, subject to the provisions of this act and the statutes, be open to all persons: provided that nothing herein shall require any such university to admit to any course of study a number of students larger than the prescribed number. 2 the appropriate government may direct the corresponding university to reserve in any college seats for women, scheduled castes, scheduled tribes or such educationally backward classes of citizens as may be specified by that government in this behalf, and where such direction has been given, the corresponding university shall make the reservations accordingly: provided that no such person shall be entitled to be admitted to a corresponding university unless he meets the standards laid down by the corresponding university.

section 1. of the haryana and punjab agricultural universities act : 1 this act may be called the haryana and punjab agricultural universities act, . 2 it shall be deemed to have come into force on the 2nd day of february, .

section 7. of the haryana and punjab agricultural universities act : each corresponding university shall be deemed to be established and incorporated for the following objects, namely: a making provision for imparting education in different branches of study, particularly agriculture, veterinary and animal science, agricultural engineering, home sciences and other allied sciences b furthering the advancement of learning and prosecution of research, particularly in agriculture and other allied sciences c undertaking the extension of such sciences to the rural people of the territories within which the university is required by this act to function d such other purposes as the appropriate government may, by notification in the official gazette, direct.

section 2. of the haryana and punjab agricultural universities act : in this act, and in all statutes made thereunder, unless the context otherwise requires, a academic council means, in relation to a corresponding university, the academic council of that university b agriculture includes the basic and applied science of soil and water management, crop and livestock production and management, home sciences and the betterment of rural people c appropriate government means, i in relation to the haryana agricultural university, the government of the state of haryana ii in relation to the punjab agricultural university, the government of the state of punjab d board, in relation to a corresponding university, means the board of management of that university e college means a constituent college of a corresponding university f corresponding university means, i in relation to the territories to which the functions of the haryana agricultural university extend, that university ii in relation to the territories to which the functions of the punjab agricultural university extend, that university g existing university means the punjab agricultural university constituted by section 3 of the punjab agricultural university act, punjab act 32 of h library means a library established or maintained by a corresponding university i prescribed means prescribed by the statutes of a corresponding university j statutes and regulations mean, respectively, the statutes and regulations made by a corresponding university under this act k transferred territories means the territories added to the union territory of himachal pradesh by subsection 1 of section 5 of the punjab reorganisation act, 31 of l vicechancellor means the vicechancellor of a corresponding university.

section 9. of the haryana and punjab agricultural universities act : each corresponding university shall have the following powers, namely: a to provide for graduate and postgraduate instructions in agriculture, veterinary and animal sciences, agricultural engineering, home sciences and other allied sciences and in such other branches of learning as the university may deem fit b to make provision for instructions in applied fields, research and the dissemination of the findings of research and technical information through an extension education programme c to institute degrees, diplomas and other academic distinctions d to hold examinations and to grant and confer degrees, diplomas and other academic distinctions to and on persons who shall have i pursued a prescribed course of study or ii carried out research in the university, or in an institution recognised in this behalf by the university, under the prescribed conditions e to confer honorary degrees or other distinctions in the prescribed manner and under the prescribed conditions f to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the university and to grant certificates to them when deemed desirable g to cooperate with other universities and authorities in such manner and for such purposes as the university may determine h to institute teaching, research and extension education posts required by the university and to appoint persons to such posts i to create administrative, ministerial and other posts and to make appointments thereto j to institute and award fellowships, scholarships and prizes in accordance with the statutes k to institute and maintain residential accommodation for students of the university l to supervise and control the residential accommodation and to regulate the discipline of the students of the university and to make arrangements for promoting their health and welfare m to institute and receive such fees and other charges as may prescribed and n to do all such acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the university.

section 5. of the haryana and punjab agricultural universities act : 1 the haryana agricultural university shall function within the territories of the state of haryana and the punjab agricultural university shall function within such other territories to which the functions of the existing university extended immediately before the commencement of this act: provided that on the establishment of a university in the union territory of himachal pradesh, the punjab agricultural university shall cease to function in the transferred territories. 2 until a university is established in the union territory of himachal pradesh, the agricultural college at palampur in the transferred territories shall, notwithstanding the dissolution of the existing university, continue to be a college of the punjab agricultural university and shall cease to be such college on the establishment of a university in those territories. 3 on the establishment of a university in the union territory of himachal pradesh, the assets and liabilities of the punjab agricultural university pertaining to the agricultural college at palampur, all research, training and extension centres, and any other property, of the punjab agricultural university located in the said union territory shall stand transferred to, and shall vest in, such university.

section 3. of the haryana and punjab agricultural universities act : as from the commencement of this act, the existing university shall stand dissolved and there shall be established in its place two independent agricultural universities, to be known respectively as the haryana agricultural university and the punjab agricultural university.

section 4. of the haryana and punjab agricultural universities act : 1 each of the agricultural universities mentioned in section 3 shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, and to contract, and may, by its name, sue and be sued. 2 each body corporate referred to in subsection 1 shall consist of the chancellor and the vicechancellor of that university, the members of the board, the academic council and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership.

section 11. of the haryana and punjab agricultural universities act : the following shall be the authorities and officers of each corresponding university, namely: a authorities of a corresponding university i board ii academic council iii board of studies and iv such other authorities as may be declared by the statutes to be authorities of the university. b officers of the corresponding university i chancellor ii vicechancellor iii dean of postgraduate studies iv deans of the colleges v director of research vi director of agricultural extension education vii director of students welfare viii registrar ix comptroller x estate officer xi librarian and xii such other persons in the service of the university as may be declared by the statutes to be officers of the university.

section 6. of the haryana and punjab agricultural universities act : 1 the headquarters of the haryana agricultural university shall be at hissar, and the headquarters of the punjab agricultural university shall be at ludhiana, or at such other place as the appropriate government may direct. 2 each corresponding university shall establish an office at the place at which the seat of the appropriate government is located.

section 15. of the haryana and punjab agricultural universities act : 1 the vicechancellor shall be a wholetime officer of the corresponding university and shall be appointed by the board in the prescribed manner: provided that where the members of the board are not unanimous with regard to the selection of the person proposed to be appointed as the vicechancellor, the appointment shall be made by the chancellor of the concerned corresponding university: provided further that the first vicechancellor of the haryana agricultural university shall be appointed by the government of the state of haryana: provided also that the person holding office immediately before the commencement of this act as the vicechancellor of the existing university shall be deemed to be the first vicechancellor of the punjab agricultural university and shall hold such office for the unexpired portion of his term of office as the vicechancellor of the existing university. 2 the term of office of the vicechancellor shall be four years and he shall be eligible for reappointment. 3 the emoluments and other condition of service of the vicechancellor shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment. 4 when a vacancy occurs, or is likely to occur, in the office of the vicechancellor by reason of leave taken by the holder of such office or any cause other than the expiry of the term of office, the registrar shall report the fact forthwith to the board, and such vacancy shall be filled in accordance with the provisions of subsection 1. 5 until the vacancy is filled under subsection 4 or until such time as the board designates an acting vicechancellor, the seniormost dean, in the case of the haryana agricultural university, or the registrar, in the case of the punjab agricultural university, as the case may be, shall carry on the current duties of the office of the vicechancellor. 6 the vicechancellor may relinquish office by resignation in writing addressed to the board and ordinarily delivered to the secretary of the board at least two months prior to the date on which the vicechancellor wishes to be relieved.

section 10. of the haryana and punjab agricultural universities act : 1 the chancellor of a corresponding university may cause an inspection to be made by such person as he may direct, of the corresponding university, its buildings, laboratories, and equipment and of any institution maintained by that university, and may cause an inquiry to be made in respect of any matter connected with the administration and the finances of that university. 2 the chancellor of a corresponding university shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made, and, on receipt of such notice, that university shall be entitled to appoint a representative who shall have the right to be present, and heard, at such inspection or inquiry.. 3 the chancellor of a corresponding university may address the board of the university with reference to the result of such inspection or inquiry with such advice as he may offer regarding the action to be taken.. 4 the board shall communicate to the chancellor such action as it proposes to take or has taken as the result of such inspection or inquiry.. 5 if the board does not, within a reasonable time, take action to the satisfaction of the chancellor, he may, after considering any explanation furnished or representation made by the board, issue such directions as he may deem fit, and the board shall comply with such directions.

section 12. of the haryana and punjab agricultural universities act : 1 the governor of the state of haryana shall be the chancellor of the haryana agricultural university and the governor of the state of punjab shall be the chancellor of the punjab agricultural university. 2 the chancellor of a corresponding university shall, by virtue of his office, be the head of that university and shall, when present, preside at a convocation of that university. 3 the chancellor of a corresponding university shall have such other powers as are specified in this act or as may be prescribed.

section 13. of the haryana and punjab agricultural universities act : 1 the appropriate government shall, within a period of one year from the commencement of this act, establish a board for the management of the corresponding university. 2 the board of the haryana agricultural university shall consist of a the vicechancellor b the chief secretary to the government of the state of haryana c the secretaries to the government of the state of haryana in the departments of i agriculture ii finance and iii community development d persons, not being officials, appointed by the government of the state of haryana from amongst the following categories of persons, namely: i one from amongst persons who are, in the opinion of that government, eminent agricultural scientists with a background of agricultural research or education ii two from amongst persons who are, in the opinion of that government, progressive farmers or livestock breeders having experience of, and interest in scientific farming and livestock improvement iii one from amongst persons who are, in the opinion of that government, distinguished industrialists, businessmen, manufacturers or livestock breeders, associated with agricultural development and iv one from amongst women who are, in the opinion of that government, outstanding social workers, preferably with a background of rural advancement. 3 the board of the punjab agricultural university shall consist of a the vicechancellor b the chief secretary to the government of the state of punjab c the secretaries to the government of the state of punjab in the departments of i agriculture and ii finance d the director of agriculture, punjab e the director of animal husbandry, punjab f one nominee of the indian council of agricultural research g two nominees of the government of the union territory of himachal pradesh h persons, not being officials, appointed by the government of the state of punjab from amongst the following categories of persons, namely: i two from amongst persons who are, in the opinion of that government, eminent agricultural scientists with a background of agricultural research or education ii two from amongst persons who are, in the opinion of that government, progressive farmers or livestock breeders having experience of, and interest in, scientific farming and livestock improvement iii one from amongst persons who are, in the opinion of that government, distinguished industrialists, businessmen, manufacturers or livestock breeders, associated with agricultural development and iv one from amongst women who are, in the opinion of that government, outstanding social workers, preferably with a background of rural advancement. 4 the board of the haryana agricultural university shall associate with its meeting the following persons as technical advisers, but the persons so associated shall not be entitled to vote at any such meeting. a the director of agriculture, haryana b the director of animal husbandry, haryana and c two officers appointed by the board of that university from amongst the deans or directors of that university. 5 the term of office of the members of the board, other than the official members, shall be three years: provided that two members of the board, not being official members, shall retire at the end of each year. 6 the members of the board, other than the official members, shall determine, by lots, the members who shall retire at the end of each year. 7 a member of the board may resign his office by a notice in writing, addressed to the chancellor of the corresponding university. 8 if, for any reason, a vacancy occurs in the office of a member of the board, the appropriate government may fill the vacancy by appointing another person thereto in accordance with the provisions of this section. 9 no act or proceeding of the board shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board. 10 four members of the board, in the case of the haryana agricultural university, and five members of the board, in the case of the punjab agricultural university, shall be a quorum for a meeting of the board: provided that if a meeting of the board is adjourned for want of a quorum, no quorum shall be necessary at the next meeting for the transaction of the same business. 11 the chancellor shall be the honorary chairman of the board and the vicechancellor, the working chairman. 12 the members of the board shall not be entitled to receive any remuneration for the performance of their functions under this act except such daily and travelling allowances as may be prescribed: provided that nothing herein shall affect the emoluments or other conditions of service of the vicechancellor. 13 on the commencement of this act, the members of the board of management of the existing university shall be deemed to have vacated their offices as such.

section 14. of the haryana and punjab agricultural universities act : the powers and duties of the board shall be as follows: a to approve the budget submitted by the vicechancellor b to hold and control the properly and funds of the university and issue any general directive on behalf of the university c to accept or transfer any property on behalf of the university d to administer funds placed at the disposal of the university for specific purposes e to invest moneys belonging to the university f to appoint the officers, teachers and other employees of the university in the prescribed manner g to direct the form and use of the common seal of the university h to appoint such committees as it may deem necessary for its proper functioning i to borrow money for capital improvements and make suitable arrangements for its repayment j to appoint the vicechancellor subject to the provisions of section 15 k to meet at such times and as often as the board may deem necessary: provided that regular meetings of the board shall be held at least once in every two months l to regulate and determine all matters concerning the university in accordance with this act and the statutes, and to exercise such powers and to discharge such duties as may be conferred on or imposed upon the board by this act or the statutes.

section 16. of the haryana and punjab agricultural universities act : 1 the vicechancellor shall be the principal executive and academic officer of the corresponding university and the chairman of the academic council and shall, in the absence of the chancellor, preside at a convocation of the corresponding university and shall confer degrees on persons entitled to receive them. 2 the vicechancellor shall exercise control over the affairs of the corresponding university and shall be responsible for the due maintenance of discipline at that university. 3 the vicechancellor shall convene meetings of the academic council unless he temporarily delegates this power to some other officer of the corresponding university. 4 without prejudice to the powers conferred by this act on the appropriate government, the vicechancellor shall ensure the faithful observance of the provisions of this act and the statutes and he shall exercise all such powers as may be necessary in that behalf. 5 the vicechancellor shall be responsible for the presentation of the budget and the statement of accounts to the board. 6 in any emergency, which, in the opinion of the vicechancellor, requires immediate action to be taken, he shall take such action as he deems necessary and shall, at the earliest opportunity, report the action taken to the officer, authority or other body for confirmation who or which in the ordinary course would have dealt with the matter, but nothing in this subsection shall be deemed to empower the vicechancellor to incur any expenditure not duly authorised and provided for in the budget. 7 where any action by the vicechancellor under subsection 6 affects any person in the service of the corresponding university to his disadvantage, such action shall not be taken unless the person concerned has been given a reasonable opportunity of being heard, and the person against whom any action is proposed to be taken may prefer an appeal to the board within thirty days of the date on which the action proposed to be taken against him is communicated to him. 8 subject as aforesaid, the vicechancellor shall give effect to the orders of the board regarding the appointment, suspension and dismissal of officers, teachers and other employees of the corresponding university. 9 the vicechancellor shall be responsible for the close coordination and integration of teaching, research and extension education. 10 the vicechancellor shall exercise such other powers as may be prescribed. 11 the salary and allowances payable to the officers, teachers and other employees of the corresponding university shall be determined by the vicechancellor with the approval of the board.

section 21. of the haryana and punjab agricultural universities act : 1 each college shall have a dean who shall be a wholetime officer and shall be appointed by the vicechancellor with the approval of the board. 2 the dean shall be responsible to the vicechancellor for all matters concerning his college. 3 the dean shall be responsible for the organisation and the conduct of resident instruction of the departments of the college.

section 17. of the haryana and punjab agricultural universities act : 1 the registrar of a corresponding university shall be a wholetime office of that university and shall be appointed by the vicechancellor of that university with the approval of the board. 2 the registrar of a corresponding university shall receive such remuneration and other emoluments as may be prescribed and shall not, during the tenure of his office, accept any remuneration or emolument other than the prescribed remuneration or emolument. 3 the powers and duties of the registrar of a corresponding university shall be as follows: a to be responsible for the custody of the records and the common seal of the university b to be the ex officio secretary to the academic council and to the board and to place before such council and board all such information as may be necessary for the transaction of business of the council or the board, as the case may be c to receive applications for admission into the university d to keep a permanent record of all syllabi, curricula and informations connected therewith e to make arrangements for the conduct of such examinations as may be prescribed and to be responsible for the due execution of all processes connected therewith f to perform such other duties as may be prescribed or required, from time to time, by the vicechancellor.

section 18. of the haryana and punjab agricultural universities act : 1 the comptroller of a corresponding university shall be a wholetime officer of that university and shall be appointed by the vicechancellor of that university with the approval of the board. 2 the comptroller shall manage the property and investments of the corresponding university and advise it in regard to its financial policy. 3 the comptroller shall be responsible to the vicechancellor for all accounting matters of the corresponding university including the preparation and presentation of its budget and statement of accounts. 4 the comptroller shall receive such remuneration as may be prescribed and shall not, during the tenure of his office, receive any remuneration or other emolument other than the prescribed remuneration. 5 the comptroller shall a ensure that expenditure, not authorised in the budget, is not incurred by the corresponding university except by way of investment and b disallow any expenditure not warranted by the terms of any statute or for which provision is required to be made by the statute but has not been so made. 6 all moneys belonging to the corresponding university shall be kept in a scheduled bank approved by the board.

section 23. of the haryana and punjab agricultural universities act : 1 the academic council shall be in charge of the academic affairs of the university and shall, subject to the provisions of this act and the statutes, superintend, direct and control, and be responsible for the maintenance of standards of instruction, education and examinations and other matters connected with the obtaining of degrees and shall exercise such other powers and perform such other duties as may be prescribed. 2 without prejudice to the generality of the foregoing power, the academic council shall have power a to advise the vicechancellor on all academic matters, including the control and management of the libraries b to coopt at its meetings such heads of departments as it may consider necessary c to make recommendations to the vicechancellor for the institution of the professorships, associate professorships, assistant professorships and teacherships and other teaching posts and in regard to the duties and emoluments thereof d to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching, research and extension e to make regulations regarding the admission of students to the university f to make regulations regarding examinations conducted by the university and the conditions on which students shall be admitted to such examinations g to make regulations relating to courses of study leading to degrees, diplomas and certificates h to make recommendations regarding postgraduate teaching, research and extension i to make recommendations regarding the qualifications to be prescribed for teachers in the university j to exercise such other powers and perform such other duties as may be conferred or imposed on it by or under the provisions of this act. 3 the academic council shall consist of a the vicechancellor b the deans of the colleges of the university c the dean of postgraduate studies d the director of extension education e the director of research f the head of one department from each college, to be selected by the respective college. 4 the term of office of the members specified in clause f of subsection 3 shall be two years.

section 26. of the haryana and punjab agricultural universities act : 1 in relation to the territories to which the functions of a corresponding university extend, such university shall be responsible for a the agricultural extension functions which are primarily educational in nature and b imparting training to the future extension officers for the national extension blocks and instructors for the extension training centres. 2 all extension specialists, in relation to any subjectmatter, shall be the members of the staff of their respective subjectmatter sections in each corresponding university and work in close coordination with the departments of agriculture, development and cooperatives. 3 the director of extension education shall be a wholetime officer technically trained in agriculture and shall be appointed by the vicechancellor in consultation with the deans and with the approval of the board. 4 the director of extension education shall be responsible to the vicechancellor and shall develop programmes for assisting farmers and housewives in applying results of scientific investigations to the solution of their problems.

section 19. of the haryana and punjab agricultural universities act : the estate officer of a corresponding university, who shall be appointed by the vicechancellor with the approval of the board, shall be responsible for the custody, maintenance and management of all the buildings, lawns, gardens and other properties of the university.

section 20. of the haryana and punjab agricultural universities act : 1 the director of student welfare of a corresponding university shall be a wholetime officer of that university and shall be appointed by the vicechancellor with the approval of the board. 2 the director of student welfare shall have the following duties, namely: a to make arrangements for the housing of students b to direct a programme of studentcounselling c to arrange for the employment of students in accordance with the plans approved by the vicechancellor d to supervise the extracurricular activities of students e to assist in the placement of graduates of the university and f to organise and maintain contact with the alumni association of the university.

section 28. of the haryana and punjab agricultural universities act : each corresponding university shall constitute gratuity and provident fund for the benefit of its officers, teachers and other employees in such manner, and subject to such conditions, as may be prescribed.

section 22. of the haryana and punjab agricultural universities act : 1 the librarian of a corresponding university shall be appointed by the vicechancellor with the approval of the board and shall be in charge of the library. 2 the librarian shall be responsible to the vicechancellor for all matters concerning the library.

section 24. of the haryana and punjab agricultural universities act : 1 the following colleges shall be the constituent colleges of the haryana agricultural university, namely: a the college of agriculture at hissar b the college of veterinary medicine at hissar c the college of animal sciences at hissar d the college of basic sciences and the humanities and such other colleges as may be established by the university after the commencement of this act and e such central government institutions of agricultural research, technical and extension education in the state of haryana as may desire to be integrated as colleges of the haryana agricultural university. 2 the following colleges shall be the constituent colleges of the punjab agricultural university, namely: a the college of agriculture at ludhiana b the college of agricultural engineering at ludhiana c the college of basic sciences and the humanities at ludhiana d the college of home sciences at ludhiana e the college of veterinary medicine at ludhiana f until a university is established in the union territory of himachal pradesh, the agricultural college at palampur g such other colleges as may be established by the university after the commencement of this act and h such central government institutions of agricultural research, technical and extension education in the state of punjab as may desire to be integrated as colleges of the punjab agricultural university. 3 a there shall be a board of studies for each college of a corresponding university and where there is more than one college in a branch of learning, there may be one board of studies for all the colleges in that branch of learning. b the deans of various colleges shall be the chairmen of the respective boards of studies and the heads of departments of the colleges shall be members thereof. c where there is a board of studies for more than one college in a branch of learning, the deans shall act as chairmen of the board of studies by rotation according to seniority for a period of one year each. d the vicechancellor may nominate to the board of studies such other teachers of related subjects or sciences from the same or other colleges, as he may deem fit. e the duties of such boards of studies shall be to prescribe syllabi so as to ensure integrated and wellbalanced courses of study. 4 every college shall comprise such departments as may be prescribed and each department shall be assigned such subjects of study as the academic council may deem fit. 5 there shall be a head of each department who shall be responsible to the dean, for resident instruction, to the director of research, for research, and to the director of extension education, for extension education. 6 the head of each department shall be selected by the vicechancellor and appointed by him with the approval of the board. 7 the duties, powers and functions of the heads of departments shall be such as may be prescribed.

section 25. of the haryana and punjab agricultural universities act : 1 subject to the provisions of this act and the statutes, experiment stations shall be established under each corresponding university, which shall be responsible for research, both fundamental and applied, and research activities shall be concentrated as far as possible at the central research stations and other regional research and testing stations in the different agroclimatic zones of the state. 2 there shall be a director of research in each corresponding university, who shall be responsible to the vicechancellor and who shall be appointed by the vicechancellor in consultation with the deans and with the approval of the board. 3 the director of research shall be a wholetime officer trained in agriculture and shall initiate, guide and coordinate the research programme of the corresponding university and its outlying substations.

section 27. of the haryana and punjab agricultural universities act : the age of retirement and other conditions of service of every officer, teacher or other employee of a corresponding university shall be such as may be prescribed.

section 29. of the haryana and punjab agricultural universities act : subject to the provisions of this act, the members of the technical staff of a corresponding university shall be selected by the head of the department in consultation with the members of the department concerned, recommended by the dean or the director of research or the director of extension education, as the case may be, and appointed by the vicechancellor with the approval of the board.

section 30. of the haryana and punjab agricultural universities act : the vicechancellor may, until such time as the authorities of the corresponding university are duly constituted, temporarily appoint any such officer of that university as such university is authorised by this act to appoint.

section 36. of the haryana and punjab agricultural universities act : if, at the commencement of this act, any suit, appeal or other proceeding of whatever nature is pending by or against the existing university, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the dissolution of the existing university, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against a the haryana agricultural university, if it relates to any property or unit of the existing university in the state of haryana and b in any other case, the punjab agricultural university.

section 31. of the haryana and punjab agricultural universities act : subject to the provisions of this act, the statutes of a corresponding university may provide for any matter and shall, in particular, provide for the following: a the constitution, powers and duties of the authorities of the university b the election, appointment, and continuance in office of the members of the authorities of the university and of the officers, teachers and other employees of the university including the filling up of vacancies and all other matters relating to these authorities and officers, teachers and other employees for which it may be necessary or desirable to provide c the designation, the manner of appointment, the powers, and the duties of the officers of the university d the classification and the manner of appointment of teachers e the constitution of gratuity or provident fund or both for the benefit of officers, teachers and other employees of the university f the institution of degrees and diplomas g the conferment of honorary degrees h the establishment, amalgamation, subdivision and abolition of departments i the establishment, and the abolition of hostels maintained by the university j the institution of fellowships, scholarships, medals and prizes k the maintenance of a register of graduates l the admission of students to the university and their enrolment and continuance as such m the courses of study to be laid down for degrees and diplomas of the university n the conditions under which students shall be admitted to the degree, diploma or other courses and the manner in which the examinations are to be held and the eligibility for the award of degrees and diplomas o the conditions of residence of the students of the university and the levy of fees for residence in hostels maintained by the university p the recognition and supervision of hostels not maintained by the university q the number, qualifications, emoluments, and other conditions of service of officers, teachers and other employees of the university and the preparation and the maintenance of record of their services and activities r the fees which may be charged by the university s the remuneration and allowances, including travelling and daily allowances, to be paid to persons employed on the business of university t the conditions for the award of fellowships, scholarships, medals and prizes, stipends and fee concessions u all other matters which by this act are to be or may be provided for by the statutes.

section 32. of the haryana and punjab agricultural universities act : 1 the statutes made by the existing university under section 30 of the punjab agricultural university act, punjab act 32 of , and in force immediately before the commencement of this act shall, in so far as they are not inconsistent with the provisions of this act, and subject to such adaptations and modifications as may be notified by the appropriate government, be the first statutes of a corresponding university. 2 the board may, from time to time, make new or additional statutes and may amend or repeal the statutes in the manner hereinafter provided in this section. 3 the academic council may propose to the board the draft of statutes and such draft shall be considered by the board at its next meeting: provided that the academic council shall not propose the draft of any statute or any amendment of a statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity to express its opinion upon the proposal, and any opinion so expressed shall be considered by the board. 4 the board may consider any such draft as is referred to in subsection 3 and pass the proposed statute or reject or return it to the academic council for reconsideration, either in whole or in part, together with any amendment which it may suggest. 5 a any member of the board may propose to the board the draft of any statute and the board may either accept or reject the proposal if it relates to a matter not falling within the purview of the academic council. b in case such a draft relates to a matter within the purview of the academic council, the board shall refer it for consideration to the academic council, which may either report to the board that it does not approve the proposal, which, then, shall be deemed to have been rejected by the board or submit the draft to the board in such form as the academic council may approve, and the provisions of this section shall apply in the case of the draft submitted by any member of the board as they apply in the case of a draft presented to the board by the academic council.

section 33. of the haryana and punjab agricultural universities act : 1 any authority of a corresponding university may make regulations consistent with this act and the statutes for a laying down the procedure to be observed at its meetings and the number of members required to form a quorum b providing for all matters which by this act and the statutes are to be provided for by the regulations and c providing for any other matter solely concerning the authority and not provided for by this act and the statutes. 2 every authority of the corresponding university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be transacted at meetings and for keeping of records of the proceedings of the meetings. 3 the academic council may, subject to the provisions of the statutes, make regulations providing for courses of study, system of examinations, and degrees and diplomas of a corresponding university after receiving drafts of the same from the board of studies concerned. 4 the academic council may not alter a draft received from the board of studies, but may reject or return it to the board of studies for further consideration together with the suggestions of the academic council. 5 the board may direct the amendment, in such manner as it may specify, of any regulation made under this section or the annulment of any regulation made under subsection 1. 6 notwithstanding anything contained in this section, the regulations made by the existing university under section 31 of the punjab agricultural university act, punjab act 32 of and in force immediately before the commencement of this act shall, in so far as they are not inconsistent with the provisions of this act and subject to such adaptations and modifications as may be notified by the appropriate government, be the first regulations of each corresponding university.

section 34. of the haryana and punjab agricultural universities act : 1 each corresponding university shall have a general fund to which shall be credited a income from fees, endowments and grants and from properties of the university including hostels, experiment stations and farms b contributions and grants which may be made by the appropriate government on such conditions which it may impose and c other contributions, grants, donations and benefactions. 2 each corresponding university shall constitute a finance committee consisting of a the vicechancellor b the comptroller c a member chosen by the board from amongst the official members d a member chosen by the board from amongst the nonofficial members. 3 the powers and duties of the finance committee of a corresponding university shall be as follows a to examine the annual accounts of the university and to advise the board thereon b to examine the annual budget estimates and to advise the board thereon c to review the financial position of the university from time to time d to make recommendations to the university on all matters relating to the finances of the university e to make recommendations to the board on all proposals involving expenditure for which no provision has been made in the budget or which involves expenditure in excess of the amount provided in the budget. 4 the accounts and the balancesheet shall be submitted by the vicechancellor through the board to the appropriate government which shall cause them to be audited by the examiner, local fund accounts. 5 the accounts, when audited, shall be printed and copies thereof together with audit report, shall be submitted by the vicechancellor to the board, which shall forward them to the appropriate government with such comments as it may deem fit and that government shall cause a copy of the audited accounts together with its comments thereon to be laid before the state legislature.

section 35. of the haryana and punjab agricultural universities act : on the commencement of this act, the assets and liabilities of the existing university shall stand transferred to, and shall vest in, the haryana agricultural university and the punjab agricultural university and shall be apportioned between such universities in accordance with the following principles, namely: a i any asset of the existing university which is, immediately before the commencement of this act, in the state of haryana, and every right to such property, shall stand transferred to, and shall vest in, the haryana agricultural university ii every other asset and every right thereto shall stand transferred to, and shall vest in, the punjab agricultural university b i every liability of the existing university which is relatable to any unit or asset in the state of haryana shall, if subsisting immediately before the commencement of this act, be the liability of the haryana agricultural university ii every other liability of the existing university, if subsisting on such commencement, shall be the liability of the punjab agricultural university c the cash balances whether in the form of cash, bank or security deposits and reserve funds held by the existing university, immediately before the commencement of this act, shall, after deducting all the liabilities of the existing university up to such commencement, be apportioned between the haryana agricultural university and the punjab agricultural university in the ratio of 40:60 d every contract made by the existing university before the commencement of this act shall, if subsisting at such commencement, be deemed to have been made i in the case of a contract which is relatable to any asset or unit of the existing university in the state of haryana, by the haryana agricultural university ii in any other case, by the punjab agricultural university e every share, debenture, bond and other investment made by the existing university shall be valued on the basis of average market value thereof during one year immediately before the commencement of this act, and the value so determined shall be apportioned between the haryana agricultural university and the punjab agricultural university in the ratio of 40:60 f every borrowing made by the existing university before the commencement of this act shall, if the liability is subsisting on such commencement, be repaid together with the interest due thereon by the haryana agricultural university and the punjab agricultural university in the ratio of 40:60 g the provident fund and accruals thereto of every officer or other employee of the existing university shall stand transferred to the corresponding university in which he has been posted on the date of the commencement of this act. explanation.for the purposes of this section, asset shall be deemed to include all property, movable and immovable, rights, powers, authorities and privileges, and all other rights and interests arising out of such property as were immediately before the commencement of this act in the ownership, possession, power or control of the existing university, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all obligations of whatever kind then subsisting of the existing university.

section 37. of the haryana and punjab agricultural universities act : 1 save as otherwise provided in section 13, all officers and other employees of the existing university holding office as such immediately before the commencement of this act shall, on such commencement, become the officers or other employees of the corresponding university and such officers or other employees shall be divided between those universities in accordance with the following principles, namely: a those officers or other employees of the existing university who are holding office in, or in connection with, any property or unit of the existing university in the state of haryana shall become the officers or other employees of the haryana agricultural university b every other officer or other employee of the existing university, shall become the officer or other employee of the punjab agricultural university. 2 every officer or other employee of the existing university shall, on and from the commencement of this act hold his office or service in the corresponding university on the same terms and conditions and with the same rights to pension, provident fund, gratuity and other matters as would have been admissible to him if the existing university had not been dissolved, and continue to do so unless and until his employment in the corresponding university is duly terminated or until his remuneration and terms or conditions of service are duly altered by the corresponding university. 3 for the persons who, immediately before the commencement of this act, were the trustees for pension, provident, gratuity or other like fund, constituted for the officers or other employees of the existing university, there shall be substituted as trustees such persons as the appropriate government may by general or special order, specify. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or any other law for the time being in force, the transfer of the services of any officer or other employee from the existing university to a corresponding university shall not entitle such officer or other employee to any compensation, whether under this act or under any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.

section 38. of the haryana and punjab agricultural universities act : 1 all casual vacancies among the members other than ex officio members of any authority or body of each corresponding university shall be filled, as soon as possible, by the person or body who or which appointed or nominated the member, whose place became vacant, and the person appointed or nominated to a casual vacancy shall be a member of such authority or body for the remaining period of the term for which the person whose place he fills would have been a member. 2 a person, who is a member of any authority of a corresponding university as a representative of another body, whether of that university or not, shall retain his seat on that authority so long as he continues to be a member of the body by which he was appointed or nominated and thereafter till his successor is duly appointed or elected. 3 no act or proceeding of any authority or body of a corresponding university shall be invalid by reason merely of the existence of any vacancy or defect in the constitution of such authority or body. 4 if any question arises whether any person has been duly appointed as, or is entitled to be, a member of any authority of a corresponding university subordinate to the board or whether any decision of the corresponding university is in accordance with this act and the statutes, the question shall be referred to the appropriate government whose decision thereon shall be final.

section 39. of the haryana and punjab agricultural universities act : 1 the annual report of a corresponding university shall be prepared under the directions of the vicechancellor and submitted to the board at least one month before the annual meeting at which it is to be considered. 2 the board shall, after consideration of the annual report, forward a copy thereof to the appropriate government. 3 on receipt of a copy of the annual report referred to in subsection 1, the appropriate government shall cause a copy of such report, together with its comments thereon, to be laid before the state legislature. 4 notwithstanding the dissolution of the existing university, the annual report of the existing university for the year shall be prepared under the directions of the vicechancellor of the punjab agricultural university and the board of that university shall, after consideration of the annual report, forward a copy thereof to the appropriate government.

section 40. of the haryana and punjab agricultural universities act : any reference to the existing university in any law, other than this act, or in any contract or other instrument shall be construed, a if such reference relates to any asset or property of the existing university in the state of haryana, as a reference to the haryana agricultural university and b in any other case, as a reference to the punjab agricultural university.

section 41. of the haryana and punjab agricultural universities act : any obligation incurred, before the commencement of this act, by the existing university to confer any degree or other academic distinction on, or to issue any diploma or other certificate to, any person or to grant any copy of any degree, diploma, certificate, markssheet or other document to any person shall, on such commencement, be the obligation of the punjab agricultural university.

section 45. of the haryana and punjab agricultural universities act : 1 the punjab agricultural university act, punjab act 32 of , is hereby repealed. 2 the provisions of the general clauses act, 10 of , shall apply to the repeal of the said act as if the said act were a central act. 3 the haryana and punjab agricultural universities ordinance, 1 of , is hereby repealed. 4 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 42. of the haryana and punjab agricultural universities act : in consideration of the maintenance, by the punjab agricultural university, of a campus at palampur, the government of the union territory of himachal pradesh shall bear a portion of the cost of the punjab agricultural university and the quantum of such cost shall be determined by the central government having regard to the benefit derived by that union territory.

section 43. of the haryana and punjab agricultural universities act : 1 if any dispute arises by reason of the dissolution of the existing university, such dispute shall be resolved in the first instance by the vicechancellors of the corresponding universities and in the event of the failure of such vicechancellors to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the secretary to the government of india in the ministry dealing with agriculture and the decision thereon of such secretary shall be final. 2 if, on the establishment of a university in the union territory of himachal pradesh, any dispute arises with regard to the transfer of assets or liabilities pertaining to the agricultural college at palampur or the research, training and extension centres, or property, of the punjab agricultural university located in the said union territory or with regard to the transfer of the officers or other employees of such college or centres to the university established in the union territory of himachal pradesh, such dispute shall be resolved in the first instance by the vicechancellor of the punjab agricultural university and the chief secretary to the government of the union territory of himachal pradesh and in the event of their failure to arrive at an agreed solution with regard to any such dispute, the matter shall be referred to the secretary to the government of india in the ministry dealing with agriculture and the decision thereon of such secretary shall be final.

section 44. of the haryana and punjab agricultural universities act : if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything, not inconsistent with such provisions, which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such power shall be exercised after the expiry of the period of two years from the commencement of this act.

section 8. of the petroleum act : 18. no licence needed for import, transport or storage of small quantities of petroleum class a.1 notwithstanding anything contained in this chapter, a person need not obtain a licence for the import, transport or storage of petroleum class a not intended for sale if the total quantity in his possession does not exceed thirty litres, 2 petroleum class a possessed without a licence under this section shall be kept in securely stoppered receptacles of glass, stoneware or metal which shall not, in the case of receptacles of glass or stoneware, exceed one liter in capacity or, in the case of receptacles of metal exceed twentyfive litres in capacity. 1. subs. by act 24 of , s. 8, for sections 7 and 8 w.e.f. .

section 1. of the petroleum act : 1 this act may be called the petroleum act, . 12 it extends to the whole of india 2. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f. . 3. 30th march, , gazette of india, , pt. i, p. 632.

section 3. of the petroleum act : 1 no one shall import, transport or store any petroleum save in accordance with the rules made under section 4. 2 save in accordance with the conditions of any licence for the purpose which he may be required to obtain by rules made under section 4, no one shall import 1petroleum class a, and no one shall transport transport or store any petroleum. 1. subs. by act 24 of , s. 4, for any dangerous petroleum w.e.f. .

section 7. of the petroleum act : 17. no licence needed for transport or storage of limited quantities of petroleum class b or petroleum class c.notwithstanding anything contained in this chapter, a person need not obtain a licence for the transport or storage of i petroleum class b if the total quantity in his possession at any one place does not exceed two thousand and five hundred litres and none of it is contained in a receptacle exceeding one thousand litres in capacity or ii petroleum class c if the total quantity in his possession at any one place does not exceed fortyfive thousand litres and such petroleum is transported or stored in accordance with the rules made under section 4. 1. subs. by act 24 of , s. 8, for sections 7 and 8 w.e.f. .

section 2. of the petroleum act : in this act, unless there is anything repugnant in the subject or context, a petroleum means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable mixture liquid, viscous or solid containing any liquid hydrocarbon 1b petroleum class a means petroleum having a flashpoint below twentythree degrees centigrade bb petroleum class b means petroleum having a flashpoint of twentythree degrees centigrade and above but below sixtyfive degrees centigrade bbb petroleum class c means petroleum having a flashpoint of sixtyfive degrees centigrade and above but below ninetythree degree centigrade c 2flashpoint of any petroleum means the lowest temperature at which it yields a vapour which will give a momentary flash when ignited, determined in accordance with the provisions of chapter ii and the rules made thereunder 3d to transport petroleum means to move petroleum from one place to another in india and includes moving from one place to another in india across a territory which is not part of india e to import petroleum means to bring it into 4india by land, sea or air, otherwise than during the course of transport f to store petroleum means to keep it in any one place, but does not include any detention happening during the ordinary course of transport g motor conveyance means any vehicle, vessel or aircraft for the conveyance of human beings, animals or goods, by land, water or air, in which petroleum is used to generate the motive power h prescribed means prescribed by rules made under this act. 5 1. subs. by act 24 of , s. 3, for clause b w.e.f. . 2. subs. by s. 3, ibid., for flashingpoint w.e.f. . 3. subs. by s. 3, ibid., for clause d w.e.f. . 4. subs. by act 62 of , s. 2 and the schedule for the territories to which this act extends w.e.f. . 5. clause i omitted by act 3 of , s. 3 and the schedule. earlier inserted by the a.o. .

section 9. of the petroleum act : 1 the owner of a motor conveyance, who complies with the requirements of the law for the time being in force relating to the registration and licensing of such conveyance and its driver or pilot and the owner of any stationary internal combustion engine, shall not be required to obtain a licence a for the import, transport or storage of any petroleum contained in any fuel tank incorporated in the conveyance or attached to the internal combustion engine, or b for the transport or storage of 1petroleum class a, not exceeding 2one hundred litres in quantity in addition to any quantity possessed under clause a, provided the petroleum is intended to be used to generate motive power for motor conveyance or engine: 3provided further that the total quantity of 1petroleum class a which may be stored without a licence under clause b shall not exceed 19one hundred litres, notwithstanding that such owner may possess other motor conveyances or engines. 2 1petroleum class a transported or stored without a licence under clause b 3of subsection 1 shall be kept as provided in subsection 2 of section 8, and, if it exceeds 4thirty litres in quantity, shall be stored in an isolated place which does not communicate with any room where any person resides or works or in any room where persons assemble. 1. subs. by s. 9, ibid., for dangerous petroleum w.e.f. . 2. subs. by s. 9, ibid., for twenty gallons w.e.f. . 3. ins. by act 25 of , s. 2 4. subs. by act 24 of , s. 9, for six gallons w.e.f. .

section 5. of the petroleum act : 1 no one shall produce, refine or blend petroleum save in accordance with the rules made under subsection 2. 2 the 1central government may makes rules a prescribing the conditions subject to which petroleum may be produced, refined or blended and b regulating the removal of petroleum from places where it is produced, refined or blended and preventing the storage therein and removal therefrom, except as 2petroleum class a, of any petroleum, which has not satisfied the prescribed tests. 3 1. subs. by the a.o. , for governorgeneralincouncil. 2. subs. by act 24 of , s. 6, for dangerous petroleum w.e.f. . 3. subsection 3 omitted by the a.o. .

section 11. of the petroleum act : 111. exemption of heavy oils.nothing in this chapter shall apply to any petroleum which has its flashpoint not below ninetythree degrees centigrade. 1. subs. by act 24 of , s. 10, for section 11 w.e.f. .

section 4. of the petroleum act : the 1central government may makes rules a prescribing places where petroleum may be imported and prohibiting its import elsewhere b regulating the import of petroleum c prescribing the periods within which licences for the import of 2petroleum class a shall be applied for, and providing for the disposal, by confiscation or otherwise, of any 2petroleum class a in respect of which a licence has not been applied for within the prescribed period or has been refused and which has not been exported d regulating the transport of petroleum e specifying the nature and condition of all receptacles and pipelines in which petroleum may be transported f regulating the places at which and prescribing the conditions subject to which petroleum may be stored g specifying the nature, situation and condition of all receptacles in which petroleum may be stored h prescribing the form and conditions of licences for the import of 2petroleum class a, and for the transport or storages of any petroleum, the manner in which applications for such licences shall be made, the authorities which may grant such licences and the fees which may be charged for such licences i determining in any class of cases whether a licence for the transport of petroleum shall be obtained by the consignor, consignee or carrier j providing for the granting of combined licences for the import, transport and storage of petroleum, or for any two of such purposes k prescribing the proportion in which any specified poisonous substance may be added to petroleum, and prohibiting the import, transport or storage of petroleum in which the proportion of any specified poisonous substance exceeds the prescribed proportion and l generally, providing for any matter which in 3its opinion is expedient for proper control over the import, transport and storage of petroleum 4including the charging of fees for any services rendered in connection with the import, transport and storage of petroleum. 1. subs. by the a.o. , for governorgeneralincouncil. 2. subs. by act 24 of , s. 5, for dangerous petroleum w.e.f. . 3. subs. by the a.o. , for his. 4. ins. by act 24 of , s. 5 w.e.f.

section 6. of the petroleum act : all receptacles containing 1petroleum class a shall have a stamped, embossed, painted or printed warning, either on the receptacle itself or, where that is impracticable, displayed near the receptacle, exhibiting in conspicuous characters the words petrol or motor spirit, or an equivalent warning of the dangerous nature of the petroleum: provided that this section shall not apply to a any securely stoppered glass, stoneware or metal receptacle of less than 2ten litres capacity containing 1petroleum class a which is not for sale, or b a tank incorporated in a motor conveyance, or attached to an internal combustion engine, and containing petroleum intended to be used to generate motive power for the motor conveyance or engine, or c a pipeline for the transport of petroleum, or d any tank which is wholly underground, or e any class of receptacles which the central government may, by notification in the official gazette, exempt from the operation of this section. 1. subs. by act 24 of , s. 7, for dangerous petroleum w.e.f. . 2. subs. by s. 7, ibid., for two gallons w.e.f. .

section 10. of the petroleum act : notwithstanding anything contained in this chapter, a railway administration as defined in section 3 of the indian railways act, 9 of need not obtain any licence for the import or transport of any petroleum in its possession in its capacity as carrier.

section 12. of the petroleum act : the 1central government may, by notification in the official gazette, exempt any petroleum specified in the notification from all or any of the provisions of this chapter. 1. subs. by the a.o. , for governorgeneralincouncil.

section 13. of the petroleum act : 1 the 1central government may authorise any officer by name or by virtue of office to enter any place where petroleum is being imported, stored, produced, refined or blended, or is under transport, and inspect all receptacles, plant and appliances used in connection with petroleum in order to ascertain if they are in accordance with the provisions of this chapter and the rules made thereunder. 2 the 1central government may make rules regulating the procedure of officers authorised under this section. 1. subs. by the a.o. , for governorgeneralincouncil.

section 14. of the petroleum act : 1 the 1central government may, by notification in the official gazette, authorise, any officer by name or by virtue of office to enter any place where petroleum is being imported, transported, stored, produced, refined or blended and to inspect and take samples for testing of any petroleum found therein. 2 the 1central government may make rules a regulating the taking of samples of petroleum for testing b determining the cases in which payment shall be made for the value of samples taken, and the mode of payment, and c generally, regulating the procedure of officers exercising powers under this section. 1. subs. by the a.o. , for governorgeneralincouncil.

section 15. of the petroleum act : 1 a standard apparatus for determining the 2flashpoint of petroleum shall be deposited with an officer to be appointed in this behalf by the 1central government by notification in the official gazette. 2 such apparatus shall be engraved with the words standard test apparatus, and shall be verified and corrected from time to time and replaced when necessary, in accordance with rules under section 21. 3 the standard test apparatus shall, on payment of the prescribed fee, be open to inspection at all reasonable times by any person wishing to inspect it. 1. subs. by the a.o. , for governorgeneralincouncil. 2. subs. by act 24 of , s. 10, for flashingpoint w.e.f. .

section 19. of the petroleum act : 11 the testing officer after testing samples of petroleum shall make out a certificate in the prescribed form, stating whether the petroleum is petroleum class a or petroleum class b or petroleum class c and if the petroleum is petroleum class b or petroleum class c, the flashpoint of the petroleum. 2 the testing officer shall furnish the person concerned, at his request, with a certified copy of the certificate, on payment of the prescribed fee, and such certified copy may be produced in any court in proof of the contents of the original certificate. 23 a certificate given under this section shall be admitted as evidence in any proceedings which may be taken under this act in respect of the petroleum from which the samples were taken, and shall, until the contrary is proved, be conclusive proof, that the petroleum is petroleum class a or petroleum class b or petroleum class c, and, if the petroleum is petroleum class b or petroleum class c, of its flashpoint. 1. subs. by act 24 of , s. 13, for subsection 1 w.e.f. . 2. subs. by s. 13, ibid., for subsection 3 w.e.f. .

section 21. of the petroleum act : the 1central government may make rules a for the specification, verification, correction and replacement of the standard test apparatus b prescribing fees for the inspection of the standard test apparatus c regulating the procedure in comprising a test apparatus with the standard test apparatus d prescribing the form of certificate to be given in respect of a test apparatus so compared, and the period for which such certificate shall be valid e prescribing the form of the register of such certificates f prescribing fees for comparing a test apparatus with standard test apparatus g regulating the procedure of testing officers in carrying out tests of petroleum, providing for the averaging of results where several samples of the same petroleum are tested, and prescribing the variations from standard temperatures which may be allowed h prescribing the form of certificate of tests of petroleum and the fees which may be charged therefore i providing, where the results of the testing of samples raise a doubt as to the uniformity of the quality of the petroleum in any lot under test, for the division of the lot into sublots, and for the selection and testing of samples of each sublot and for the averaging of results in accordance with the results of tests of those samples j prescribing fees for retests under section 20 and providing for their refund where the original test was erroneous and k generally, regulating the procedure of all officers performing duties connected with the testing of petroleum, and providing for any matter incidental to such testing. 1. subs. by the a.o. , for governorgeneralincouncil.

section 18. of the petroleum act : all tests of petroleum made under this act shall be made with a test apparatus in respect of which there is valid certificate under section 16, shall have due regard to any correction specified in that certificate, and shall be carried out in accordance with rules made under section 21.

section 17. of the petroleum act : the 1central government may authorise any officer by name or by virtue of office to test petroleum of which samples have been taken under this act, or which may have been submitted to him for test by any person, and to grant certificates of the results of such tests. 1. subs. by the a.o. , for governorgeneralincouncil.

section 16. of the petroleum act : 1 the officer appointed under section 15 shall, on payment of the prescribed fee, if any, compare with the standard test apparatus and apparatus for determining the 1flashpoint of petroleum which may be submitted to him for this purpose. 2 if any apparatus is found by him to agree with the standard test apparatus within prescribed limits, the officer shall engrave such apparatus with a special number and with the date of the comparison and shall give a certificate in respect of it in the prescribed form, certifying that on the said date the apparatus was compared with the standard test apparatus and was found to agree with it within the prescribed limits, and specifying any corrections to be made in the results of tests carried out with the apparatus. 3 a certificate granted under this section shall be valid for such period as may be prescribed. 4 a certificate granted under this section shall, during the period for which it is valid, be proof, until the contrary is proved, of any matter stated therein. 5 the officer shall keep a register in the prescribed form of all certificates granted by him under this section. 1. subs. by act 24 of , s. 12, for flashingpoint w.e.f. .

section 20. of the petroleum act : 1 the owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the petroleum may, within seven days from the date on which he received intimation of the result of the test, apply to the officer empowered under section 14 to have fresh samples of the petroleum taken and tested. 2 on such application and on payment of the prescribed fee, fresh samples of the petroleum shall be taken in the presence of such owner or agent or person deputed by him, and shall be tested in the presence of such owner or agent or person deputed by him. 3 if, on such retest, it appears that the original test was erroneous the testing officer shall cancel the original certificate granted under section 19, shall make out a fresh certificate, and shall furnish the owner of the petroleum, or his agent, with a certified copy thereof, free of charge.

section 24. of the petroleum act : 1 in any case in which an offence under clause a or clause b or clause c of subsection 1 of section 23 has been committed, the convicting magistrate may direct that a the petroleum in respect of which the offence has been committed, or b where the offender is convicted of importing, transporting or storing petroleum exceeding the quantity he is permitted to import, transport or store, as the case may be, the whole of the petroleum in respect of which the offence was committed, shall, together with the receptacles in which it is contained, be confiscated. 2 this power may also be exercised by the high court in the exercise of its appellate or revisional powers.

section 22. of the petroleum act : the 1central government may also make rules providing specially for the testing of any form of petroleum which is viscous or solid or contains sediment or thickening ingredients, and such rules may modify or supplement any of the provisions of this chapter or of the rules made under section 21 in order to adapt them to the special needs of such tests. 1. subs. by the a.o. , for governorgeneralincouncil.

section 23. of the petroleum act : 1 whoeve a in contravention of any of the provisions of chapter i or of any of the rules made thereunder, imports, transports, stores, produces, refines or blends any petroleum, or b contravenes any rule made under section 4 or section 5, or 1c being the holder or a licence issued under section 4 or a person for the time being placed by the holder of such licence in control or in charge of any place where petroleum is being imported or stored, or is under transport, contravenes any condition of such licence or suffers any condition of such licence to be contravened, or d being for the time being in control or in charge of any place where petroleum is being imported, stored, produced, refined or blended or is under transport, refuses or neglects to show to any officer authorised under section 13 any receptacle, plant or appliance used in such place in connection with petroleum, or in any way obstructs or fails to render reasonable assistance to such officer during an inspection, or e being for the time being in control or in charge of any place where petroleum is being imported, transported, stored, produced, refined or blended, refuses or neglects to show to any officer authorised under section 14 any petroleum in such place, or to give him such assistance as he may require for the inspection of such petroleum, or refuses to allow him to take samples of the petroleum, or f being required, under section 27, to give information of an accident, fails to give such information as so required by that section, shall be punishable 2with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both. 2 if any person, having been convicted of an offence punishable under subsection 1, is again guilty of any offence punishable under that subsection, he shall be punishable for every such subsequent offence 2with simple imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both. 1. subs. by act 3 of , s. 2, for clause c. 2. subs. by act 24 of , s. 14, for certain words w.e.f.

section 25. of the petroleum act : 1 offences punishable under this act shall be triable in the presidencytowns, by a presidency magistrate, and elsewhere by a magistrate of the first class, or by a magistrate of the second class who has been specially empowered by the 32central government in this behalf. 1. subs. by the a.o. , for local government.

section 26. of the petroleum act : 1 the 1central government may, by notification in the official gazette, authorise any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended otherwise than in accordance with the provisions of this act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this act has been committed. 2 the provisions of the 2code of criminal procedure, 2 of , relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section. 3 the 1central government may make rules regulating the procedure of authorised officers in the exercise of their powers under this section subject, however, to the provisions of subsection 2. 1.subs. by the a.o. , for governorgeneralincouncil. 2. subs. by act 31 of , s. 2, for code of criminal procedure, w.e.f. .

section 31. of the petroleum act : where any enactment confers powers upon any local authority in respect of the transport or storage of petroleum, the 1central government may, by notification in the official gazette, a limit the operation of such enactment, or b restrict the exercise of such powers, in any manner 5it deems fit. 1. subs. by the a.o. , for he.

section 27. of the petroleum act : 127. notice of accidents with petroleum.whenever there occurs in or about, or in connection with, any place in which petroleum is refined, blended or kept, or any carriage or vessel either conveying petroleum or on or from which petroleum is being loaded or unloaded, any accident by explosion or by fire as a result of the ignition of petroleum or petroleum vapour attended with loss of human life or serious injury to person or property, or of a description usually attended with such loss or injury, the occupier of the place or the person for the time being in charge of the petroleum or the person in charge of the carriage or the master of the vessel, as the case may be, shall, within such time and in such manner as may be prescribed, give notice thereof and of the attendant loss of human life, or injury to person or property, if any, to the nearest magistrate or to the officer in charge of the nearest police station and to the 2chief controller of explosives. 1 subs. by act 24 of , s. 15, for s. 27 w.e.f. . 2. subs. by act 31 of , s. 2, for chief inspector of explosives in india w.e.f. .

section 32.. of the petroleum act : repeals. rep. by the repealing act, 1 of , s. 2 and the schedule.

section 28. of the petroleum act : 1 the inquiry mentioned in section 176 of the 1code of criminal procedure, 2 of , shall, 2unless section 8 of the coroners act, 4 of , is applicable to the circumstances, be held in all cases where any person has been killed by an accident which the magistrate has reason to believe was the result of the ignition of petroleum or petroleum vapour. 2 any magistrate empowered to hold an inquest may also hold an inquiry under the said section into the cause of any accident which he has reason to believe was the result of the ignition of petroleum or petroleum vapour, if such accident was attended by serious injury to person or property, notwithstanding that no person was killed thereby. 3 for the purposes of 3subsection 2 a commissioner of police 4 5 shall be deemed to be a be a magistrate empowered to hold an inquest. 4 the result of all inquiries held in pursuance of this section 2and of any inquiry held by a coroner in a case to which subsection 1 refers shall be submitted as soon as may be to the 6central government, 2the 7chief controller of explosives and the state government. 1. subs. by s. 4, ibid., for code of criminal procedure, 5 of w.e.f. . 2. ins. by act 25 of , s. 3. 3. subs. by s. 3, ibid., for this section. 4. the words in a presidencytown omitted by act 24 of , s. 16 w.e.f. . 5. the words or in rangoon omitted by the a.o. . 6. subs. by the a.o. , for local government. 7. subs by act 31 of , s. 4, for chief inspector of explosives in india w.e.f. .

section 29. of the petroleum act : 1 in making any rules under this act, the 1central government government may a provide for any matter ancillary to such rules for which in 2its opinion provision is necessary necessary to protect the public from danger arising from the import, transport, storage, production, refining or blending of petroleum, and b make special provision for the special circumstances of any state or place. 2 every power to make rules conferred by this act is subject to the condition of previous publication. 3 all rules made under this act shall be published in the official gazette 3. 44 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1.subs. by the a.o. , for local government. 2. subs. ibid., for his. 3. ins. by act 31 of , s. 5 w.e.f. .

section 30.. of the petroleum act : power to apply act to other substances.rep. by the inflammable substances act, 20 of , s. 7

section 8. of the central vigilance commission act : 1 the functions and powers of the commission shall be to a exercise superintendence over the functioning of the delhi special police establishment in so far as it relates to the investigation of offences alleged to have been committed under the prevention of corruption act, 49 of or an offence with which a public servant specified in subsection 2 may, under the code of criminal procedure, 2 of , be charged at the same trial b give directions to the delhi special police establishment for the purpose of discharging the responsibility entrusted to it under subsection 1 of section 4 of the delhi special police establishment act, 25 of : provided that while exercising the powers of superintendence under clause a or giving directions under this clause, the commission shall not exercise powers in such a manner so as to require the delhi special police establishment to investigate or dispose of any case in a particular manner c inquire or cause an inquiry or investigation to be made on a reference made by the central government wherein it is alleged that a public servant being an employee of the central government or a corporation established by or under any central act, government company, society and any local authority owned or controlled by that government, has committed an offence under the prevention of corruption act, 49 of or an offence with which a public servant may, under the code of criminal procedure, 2 of , be charged at the same trial d inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to such category of officials specified in subsection 2 wherein it is alleged that he has committed an offence under the prevention of corruption act, 49 of and an offence with which a public servant specified in subsection 2 may, under the code of criminal procedure, 2 of , be charged at the same trial e review the progress of investigations conducted by the delhi special police establishment into offences alleged to have been committed under the prevention of corruption act, 49 of or the public servant may, under the code of criminal procedure, 2 of , be charged at the same trial f review the progress of applications pending with the competent authorities for sanction of prosecution under the prevention of corruption act, 49 of g tender advice to the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government on such matters as may be referred to it by that government, said government companies, societies and local authorities owned or controlled by the central government or otherwise h exercise superintendence over the vigilance administration of the various ministries of the central government or corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government: provided that nothing contained in this clause shall be deemed to authorise the commission to exercise superintendence over the vigilance administration in a manner not consistent with the directions relating to vigilance matters issued by the government and to confer power upon the commission to issue directions relating to any policy matters. 2 the persons referred to in clause d of subsection 1 are as follows: a members of allindia services serving in connection with the affairs of the union and group a officers of the central government b such level of officers of the corporations established by or under any central act, government companies, societies and other local authorities, owned or controlled by the central government, as that government may, by notification in the official gazette, specify in this behalf: provided that till such time a notification is issued under this clause, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in clause d of subsection 1 1c on a reference made by the lokpal under the proviso to subsection 1 of section 20 of the lokpal and lokayuktas act, 1 of , the persons referred to in clause d of subsection 1 shall also include i members of group b, group c and group d services of the central government ii such level of officials or staff of the corporations established by or under any central act, government companies, societies and other local authorities, owned or controlled by the central government, as that government may, by notification in the official gazette, specify in this behalf: provided that till such time a notification is issued under this clause, all officials or staff of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred in clause d of subsection 1. 1. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 1. of the central vigilance commission act : show related subordinates this act may be called the central vigilance commission act, .

section 2. of the central vigilance commission act : in this act, unless the context otherwise requires, a central vigilance commissioner means the central vigilance commissioner appointed under subsection 1 of section 4 b commission means the central vigilance commission constituted under subsection 1 of section 3 c delhi special police establishment means the delhi special police establishment constituted under subsection 1 of section 2 of the delhi special police establishment act, 25 of d government company means a government company within the meaning of the companies act, 1 of 1 da lokpal means the lokpal established under subsection 1 of section 3 of the lokpal and lokayuktas act, 1 of e prescribed means prescribed by rules made under this act f vigilance commissioner means a vigilance commissioner appointed under subsection 1 of section 4. 1. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 5. of the central vigilance commission act : 1 subject to the provisions of subsections 3 and 4, the central vigilance commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixtyfive years, whichever is earlier. the central vigilance commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the commission. 2 subject to the provisions of subsections 3 and 4, every vigilance commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixtyfive years, whichever is earlier: provided that every vigilance commissioner, on ceasing to hold the office, shall be eligible for appointment as the central vigilance commissioner in the manner specified in subsection 1 of section 4: provided further that the term of the vigilance commissioner, if appointed as the central vigilance commissioner, shall not be more than four years in aggregate as the vigilance commissioner and the central vigilance commissioner. 3 the central vigilance commissioner or a vigilance commissioner shall, before he enters upon his office, make and subscribe before the president, or some other person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in schedule to this act. 4 the central vigilance commissioner or a vigilance commissioner may, by writing under his hand addressed to the president, resign his office. 5 the central vigilance commissioner or a vigilance commissioner may be removed from his office in the manner provided in section 6. 6 on ceasing to hold office, the central vigilance commissioner and every other vigilance commissioner shall be ineligible for a any diplomatic assignment, appointment as administrator of a union territory and such other assignment or appointment which is required by law to be made by the president by warrant under his hand and seal b further employment to any office of profit under the government of india or the government of a state. 7 the salary and allowances payable to and the other conditions of service of a the central vigilance commissioner shall be the same as those of the chairman of the union public service commission b the vigilance commissioner shall be the same as those of a member of the union public service commission: provided that if the central vigilance commissioner or any vigilance commissioner is, at the time of his appointment, in receipt of a pension other than a disability or wound pension in respect of any previous service under the government of india or under the government of a state, his salary in respect of the service as the central vigilance commissioner or any vigilance commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity: provided further that if the central vigilance commissioner or any vigilance commissioner is, at the time of his appointment, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or a government company owned or controlled by the central government, his salary in respect of the service as the central vigilance commissioner or, as the case may be, the vigilance commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: provided also that the salary, allowances and pension payable to, and the other conditions of service of, the central vigilance commissioner or any vigilance commissioner shall not be varied to his disadvantage after his appointment.

section 7. of the central vigilance commission act : show related subordinates the central government may, in consultation with the commission, make rules with respect to the number of members of the staff of the commission and their conditions of service.

section 3. of the central vigilance commission act : 1 there shall be constituted a body to be known as the central vigilance commission to exercise the powers conferred upon, and to perform the functions assigned to it under this act and the central vigilance commission constituted under subsection 1 of section 3 of the central vigilance commission ordinance, ord. 4 of which ceased to operate, and continued under the government of india in the ministry of personnel, public grievances and pensions department of personnel and training resolution no. 371/20/99avd. iii, dated the 4th april, as amended vide resolution of even number, dated the 13th august, shall be deemed to be the commission constituted under this act. 2 the commission shall consist of a a central vigilance commissioner chairperson b not more than two vigilance commissioners members. 3 the central vigilance commissioner and the vigilance commissioners shall be appointed from amongst persons a who have been or are in an allindia service or in any civil service of the union or in a civil post under the union having knowledge and experience in the matters relating to vigilance, policy making and administration including police administration or b who have held office or are holding office in a corporation established by or under any central act or a government company owned or controlled by the central government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations: provided that, from amongst the central vigilance commissioner and the vigilance commissioners, not more than two persons shall belong to the category of persons referred to either in clause a or clause b. 4 the central government shall appoint a secretary to the commission on such terms and conditions as it deems fit to exercise such powers and discharge such duties as the commission may by regulations specify in this behalf. 5 the central vigilance commissioner, the other vigilance commissioners and the secretary to the commission appointed under the central vigilance commission ordinance, ord. 4 of or the resolution of the government of india in the ministry of personnel, public grievances and pensions department of personnel and training resolution no. 371/20/99avd. iii, dated the 4th april, as amended vide resolution of even number, dated the 13th august, shall be deemed to have been appointed under this act on the same terms and conditions including the term of office subject to which they were so appointed under the said ordinance or the resolution, as the case may be. explanation.for the purposes of this subsection, the expression term of office shall be construed as the term of office with effect from the date the central vigilance commissioner or any vigilance commissioner has entered upon his office and continued as such under this act. 6 the headquarters of the commission shall be at new delhi.

section 8b. of the central vigilance commission act : 18b. action on investigation in relation to public servants.1 in case the commission decides to proceed to investigate into the complaint under clause a of subsection 1 of section 8a, it shall direct any agency including the delhi special police establishment to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the commission: provided that the commission may extend the said period by a further period of six months for the reasons to be recorded in writing. 2 notwithstanding anything contained in section 173 of the code of criminal procedure, 2 of , any agency including the delhi special police establishment shall, in respect of cases referred to it by the commission, submit the investigation report to the commission. 3 the commission shall consider every report received by it under subsection 2 from any agency including the delhi special police establishment and may decide as to a file chargesheet or closure report before the special court against the public servant b initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority. 1. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 4. of the central vigilance commission act : 1 the central vigilance commissioner and the vigilance commissioners shall be appointed by the president by warrant under his hand and seal: provided that every appointment under this subsection shall be made after obtaining the recommendation of a committee consisting of a the prime minister chairperson b the minister of home affairs member c the leader of the opposition in the house of the people member. explanation.for the purposes of this subsection, the leader of the opposition in the house of the people shall, when no such leader has been so recognised, include the leader of the single largest group in opposition of the government in the house of the people. 2 no appointment of a central vigilance commissioner or a vigilance commissioner shall be invalid merely by reason of any vacancy in the committee.

section 9. of the central vigilance commission act : 1 the proceedings of the commission shall be conducted at its headquarters. 2 the commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the central vigilance commissioner and other vigilance commissioners. 3 save as provided in subsection 2, all business of the commission shall, as far as possible, be transacted unanimously. 4 subject to the provisions of subsection 3, if the central vigilance commissioner and other vigilance commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority. 5 the central vigilance commissioner, or, if for any reason he is unable to attend any meeting of the commission, the seniormost vigilance commissioner present at the meeting, shall preside at the meeting. 6 no act or proceeding of the commission shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the commission or b any defect in the appointment of a person acting as the central vigilance commissioner or as a vigilance commissioner or c any irregularity in the procedure of the commission not affecting the merits of the case.

section 6. of the central vigilance commission act : 1 subject to the provisions of subsection 3, the central vigilance commissioner or any vigilance commissioner shall be removed from his office only by order of the president on the ground of proved misbehaviour or incapacity after the supreme court, on a reference made to it by the president, has, on inquiry, reported that the central vigilance commissioner or any vigilance commissioner, as the case may be, ought on such ground be removed. 2 the president may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the central vigilance commissioner or any vigilance commissioner in respect of whom a reference has been made to the supreme court under subsection 1 until the president has passed orders on receipt of the report of the supreme court on such reference. 3 notwithstanding anything contained in subsection 1, the president may by order remove from office the central vigilance commissioner or any vigilance commissioner if the central vigilance commissioner or such vigilance commissioner, as the case may be, a is adjudged an insolvent or b has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or c engages during his term of office in any paid employment outside the duties of his office or d is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body or e has acquired such financial or other interest as is likely to affect prejudicially his functions as a central vigilance commissioner or a vigilance commissioner. 4 if the central vigilance commissioner or any vigilance commissioner is or becomes in any way, concerned or interested in any contract or agreement made by or on behalf of the government of india or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of subsection 1, be deemed to be guilty of misbehaviour.

section 8a. of the central vigilance commission act : 18a. action on preliminary inquiry in relation to public servants. 1 where, after the conclusion of the preliminary inquiry relating to corruption of public servants belonging to group c and group d officials of the central government, the findings of the commission disclose, after giving an opportunity of being heard to the public servant, a prima facie violation of conduct rules relating to corruption under the prevention of corruption act, 49 of by such public servant, the commission shall proceed with one or more of the following actions, namely: a cause an investigation by any agency or the delhi special police establishment, as the case may be b initiation of the disciplinary proceedings or any other appropriate action against the concerned public servant by the competent authority c closure of the proceedings against the public servant and to proceed against the complainant under section 46 of the lokpal and lokayuktas act, 1 of . 2 every preliminary inquiry referred to in subsection 1 shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint. 1. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 12. of the central vigilance commission act : the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of and every proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the indian penal code 45 of .

section 10. of the central vigilance commission act : 1 in the event of the occurrence of any vacancy in the office of the central vigilance commissioner by reason of his death, resignation or otherwise, the president may, by notification, authorise one of the vigilance commissioners to act as the central vigilance commissioner until the appointment of a new central vigilance commissioner to fill such vacancy. 2 when the central vigilance commissioner is unable to discharge his functions owing to absence on leave or otherwise, such one of the vigilance commissioners as the president may, by notification, authorise in this behalf, shall discharge the functions of the central vigilance commissioner until the date on which the central vigilance commissioner resumes his duties.

section 15. of the central vigilance commission act : no suit, prosecution or other legal proceeding shall lie against the commission, the central vigilance commissioner, any vigilance commissioner, the secretary or against any staff of the commission in respect of anything which is in good faith done or intended to be done under this act.

section 11. of the central vigilance commission act : the commission shall, while conducting any inquiry referred to in clauses b and c of subsection 1 of section 8, have all the powers of a civil court trying a suit under the code of civil procedure, 5 of and in particular, in respect of the following matters, namely: a summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses or other documents and f any other matter which may be prescribed.

section 17. of the central vigilance commission act : 1 the report of the inquiry undertaken by any agency on a reference made by the commission shall be forwarded to the commission. 2 the commission shall, on receipt of such report and after taking into consideration any other factors relevant thereto, advise the central government and corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government, as the case may be, as to the further course of action. 3 the central government and the corporations established by or under any central act, government companies, societies and other local authorities owned or controlled by that government, as the case may be, shall consider the advice of the commission and take appropriate action: provided that where the central government, any corporation established by or under any central act, government company, society or local authority owned or controlled by the central government, as the case may be, does not agree with the advice of the commission, it shall, for reasons to be recorded in writing, communicate the same to the commission.

section 11a. of the central vigilance commission act : 111a. director of inquiry for making preliminary inquiry.1 there shall be a director of inquiry, not below the rank of joint secretary to the government of india, who shall be appointed by the central government for conducting preliminary inquiries referred to the commission by the lokpal. 2 the central government shall provide the director of inquiry such officers and employees as may be required for the discharge of his functions under this act. 1. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 19. of the central vigilance commission act : the central government shall, in making any rules or regulations governing the vigilance or disciplinary matters relating to persons appointed to public services and posts in connection with the affairs of the union or to members of the allindia services, consult the commission.

section 13. of the central vigilance commission act : the expenses of the commission, including any salaries, allowances and pensions payable to or in respect of the central vigilance commissioner, the vigilance commissioners, secretary and the staff of the commission, shall be charged on the consolidated fund of india.

section 14. of the central vigilance commission act : 1 it shall be the duty of the commission to present annually to the president a report as to the work done by the commission within six months of the close of the year under report. 2 the report referred to in subsection 1 shall contain a separate part on the functioning of the delhi special police establishment in so far as it relates to subsection 1 of section 4 of the delhi special police establishment act, 25 of . 3 on receipt of such report, the president shall cause the same to be laid before each house of parliament.

section 16. of the central vigilance commission act : the central vigilance commissioner, every vigilance commissioner, the secretary and every staff of the commission shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 20. of the central vigilance commission act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number of members of the staff and their conditions of service under section 7 b any other power of the civil court to be prescribed under clause f of section 11 and c any other matter which is required to be, or may be, prescribed. rules notifications yeardescriptionfiles central vigilance commission staff rules, central vigilance commission director post recruitment rules, central vigilance commission senior principal private secretary recruitment rules, yeardescriptionfiles central vigilance commission staff amendment rules,

section 21. of the central vigilance commission act : show related subordinates 1 the commission may, with the previous approval of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the duties and the powers of the secretary under subsection 4 of section 3 and b the procedure to be followed by the commission under subsection 2 of section 9.

section 27. of the central vigilance commission act : 1 the government of india in the ministry of personnel, public grievances and pensions department of personnel and training resolution no. 371/20/99avd. iii, dated the 4th april, as amended vide resolution of even number, dated the 13th august, is hereby repealed. 2 notwithstanding such repeal and the cesser of operation of the central vigilance commission ordinance, ord. 4 of , anything done or any action taken under the said resolution and the said ordinance including the appointments made and other actions taken or anything done or any action taken or any appointment made under the delhi special police establishment act, 25 of and the foreign exchange regulation act, 46 of as amended by the said ordinance shall be deemed to have been made or done or taken under this act or the delhi special police establishment act, and the foreign exchange regulation act, as if the amendments made in those acts by this act were in force at all material times.

section 18. of the central vigilance commission act : the commission may call for reports, returns and statements from the central government or corporations established by or under any central act, government companies, societies and other local authorities owned or controlled by that government so as to enable it to exercise general supervision over the vigilance and anticorruption work in that government and in the said corporations, government companies, societies and local authorities.

section 23. of the central vigilance commission act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 26. of the central vigilance commission act : in the delhi special police establishment act, , a after section 1, the following section shall be inserted, namely: 1a. interpretation section.words and expressions used herein and not defined but defined in the central vigilance commission act, 45 of , shall have the meanings, respectively, assigned to them in that act. b for section 4, the following sections shall be substituted, namely: 4. superintendence and administration of special police establishment.1 the superintendence of the delhi special police establishment in so far as it relates to investigation of offences alleged to have been committed under the prevention of corruption act, 49 of , shall vest in the commission. 2 save as otherwise provided in subsection 1, the superintendence of the said police establishment in all other matters shall vest in the central government. 3 the administration of the said police establishment shall vest in an officer appointed in this behalf by the central government hereinafter referred to as the director who shall exercise in respect of that police establishment such of the powers exercisable by an inspectorgeneral of police in respect of the police force in a state as the central government may specify in this behalf. 4a. committee for appointment of director.1 the central government shall appoint the director on the recommendation of the committee consisting of a the central vigilance commissioner chairperson b vigilance commissioners members c secretary to the government of india incharge of the ministry of home affairs in the central government member d secretary coordination and public grievances in the cabinet secretariat member. 2 while making any recommendation under subsection 1, the committee shall take into consideration the views of the outgoing director. 3 the committee shall recommend a panel of officers a on the basis of seniority, integrity and experience in the investigation of anticorruption cases and b chosen from amongst officers belonging to the indian police service constituted under the allindia services act, 61 of , for being considered for appointment as the director. 4b. terms and conditions of service of director.1 the director shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office. 2 the director shall not be transferred except with the previous consent of the committee referred to in subsection 1 of section 4a. 4c. appointment for posts of superintendent of police and above, extension and curtailment of their tenure, etc.1 the committee referred to in section 4a shall, after consulting the director, recommend officers for appointment to the posts of the level of superintendent of police and above and also recommend the extension or curtailment of the tenure of such officers in the delhi special police establishment. 2 on receipt of the recommendation under subsection 1, the central government shall pass such orders as it thinks fit to give effect to the said recommendation. c after section 6, the following section shall be inserted, namely: 6a. approval of central government to conduct inquiry or investigation.1 the delhi special police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 49 of except with the previous approval of the central government where such allegation relates to a the employees of the central government of the level of joint secretary and above and b such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government. 2 notwithstanding anything contained in subsection 1, no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause c of the explanation to section 7 of the prevention of corruption act, 49 of ..

section 24. of the central vigilance commission act : with effect from the constitution of the commission under subsection 1 of section 3, the central vigilance commission set up by the resolution of the government of india in the ministry of home affairs no. 24/7/64avd, dated the 11th february, hereafter referred to in this section as the existing vigilance commission shall, insofar as its functions are not inconsistent with the provisions of this act, continue to discharge the said functions and a all actions and decisions taken by the vigilance commission insofar as such actions and decisions are relatable to the functions of the commission constituted under this act shall be deemed to have been taken by the commission b all proceedings pending before the vigilance commission, insofar as such proceedings relate to the functions of the commission, shall be deemed to be transferred to the commission and shall be dealt with in accordance with the provisions of this act c the employees of the vigilance commission shall be deemed to have become the employees of the commission on the same terms and conditions d all the assets and liabilities of the vigilance commission shall be transferred to the commission.

section 25., of officers of directorate of enforcement. of the central vigilance commission act : notwithstanding anything contained in the foreign exchange management act, 42 of or any other law for the time being in force, a the central government shall appoint a director of enforcement in the directorate of enforcement in the ministry of finance on the recommendation of the committee consisting of i the central vigilance commissioner chairperson ii vigilance commissioners members iii secretary to the government of india incharge of the ministry of home affairs in the central government member iv secretary to the government of india incharge of the ministry of personnel in the central government member v secretary to the government of india incharge of the department of revenue, ministry of finance in the central government member b while making a recommendation, the committee shall take into consideration the integrity and experience of the officers eligible for appointment c no person below the rank of additional secretary to the government of india shall be eligible for appointment as a director of enforcement d a director of enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office 1provided that the period for which the director of enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the committee under clause a and for the reasons to be recorded in writing, be extended up to one year at a time: provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment e a director of enforcement shall not be transferred except with the previous consent of the committee referred to in clause a f the committee referred to in clause a shall, in consultation with the director of enforcement, recommend officers for appointment to the posts above the level of the deputy director of enforcement and also recommend the extension or curtailment of the tenure of such officers in the directorate of enforcement g on receipt of the recommendation under clause f, the central government shall pass such orders as it thinks fit to give effect to the said recommendation. 1. ins. by act 46 of , s. 2 w.e.f. .

section 22., to be laid before parliament. of the central vigilance commission act : every notification issued under clause b of subsection 2 of section 8 and every rule made by the central government and every regulation made by the commission under this act shall be laid, as soon as may be after it is issued or made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or the regulation, or both houses agree that the notification or the rule or the regulation should not be made, the notification or the rule or the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule or regulation.

section 8. of the national security guard act : every person subject to this act shall hold office during the pleasure of the president.

section 1. of the national security guard act : 1 this act may be called the national security guard act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 16th october, , vide notification no. s.o. 737e, dated 16th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the national security guard act : no member of the security guard shall be at liberty a to resign his appointment during the term of his engagement or b to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

section 5. of the national security guard act : show related subordinates 1 the general superintendence, direction and control of the security guard shall vest in, and be exercised by, the central government and subject thereto and to the provisions of this act and the rules, the command and supervision of the security guard shall vest in an officer to be appointed by the central government as the directorgeneral of the security guard. 2 the directorgeneral shall, in the discharge of his duties under this act, be assisted by such number of additional directorsgeneral, inspectorsgeneral, deputy inspectorsgeneral, group commanders and other officers as may be appointed by the central government.

section 9. of the national security guard act : show related subordinates subject to the provisions of this act and the rules, the central government may dismiss or remove from service any person subject to this act.

section 4. of the national security guard act : 1 there shall be an armed force of the union called the national security guard for combating terrorist activities with a view to protect states against internal disturbances. 2 subject to the provisions of this act, the security guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the security guard shall be such as may be prescribed.

section 2. of the national security guard act : show related subordinates 1 in this act, unless the context otherwise requires, a active duty, in relation to a person subject to this act, means any duty as a member of the security guard during the period in which such person is attached to, or forms part of, a unit of the security guard i which is engaged in operations against terrorists or any person in arms against the union or ii which is operating at a picket or engaged on patrol or any other duty, in relation to combating terrorist activity b assistant commander means a person appointed or in pay as an assistant commander grade i, assistant commander grade ii or assistant commander grade iii c civil offence means an offence which is triable by a criminal court or by a special judge appointed under the criminal law amendment act, 46 of d civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force e combatised tradesman means a person appointed or in pay as a combatised tradesman f commander, when used in any provision of this act with reference to any unit of the security guard, means the officer whose duty it is to discharge with respect to that unit, the functions of a commander in regard to matters of the description referred to in that provision g criminal court means a court of ordinary criminal justice in any part of india and includes a court of a special judge appointed under the criminal law amendment act, 46 of h deputy inspectorgeneral means a deputy inspectorgeneral of the security guard appointed under section 5 i directorgeneral and additional directorgeneral mean, respectively, the directorgeneral and an additional directorgeneral of the security guard appointed under section 5 j group means a unit of the security guard constituted as a group by the central government k group commander means a group commander of the security guard appointed under section 5 l inspectorgeneral means an inspectorgeneral of the security guard appointed under section 5 m judge attorneygeneral, additional judge attorneygeneral, deputy judge attorneygeneral and judge attorney mean, respectively, the judge attorneygeneral, an additional judge attorneygeneral, a deputy judge attorneygeneral and a judge attorney of the security guard appointed in the appropriate rank by the central government n member of the security guard means an officer, an assistant commander, a ranger or a combatised tradesman o notification means a notification published in the official gazette p offence means any act or omission punishable under this act and includes a civil offence q officer means a person appointed or in pay as an officer of the security guard r prescribed means prescribed by rules s ranger means a ranger grade i and a ranger grade ii of the security guard t rule means a rule made under this act u security guard means the national security guard v security guard court means a court referred to in section 61 w security guard custody means the arrest or confinement of a member of the security guard according to rules x superior officer, when used in relation to a person subject to this act, means i any member of the security guard to whose command such person is for the time being subject in accordance with the rules ii any officer of a higher rank or class, and includes, when such person is not an officer, an assistant commander or a ranger of a higher rank or class y terrorist means any person who, with intent to overawe the government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people, does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances whether biological or otherwise of a hazardous nature, in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community z all words and expressions used and not defined in this act but defined in the indian penal code 45 of shall have the meanings respectively assigned to them in that code. 2 in this act, references to any law not in force in any state shall be construed as references to the corresponding law in force in that state.

section 3. of the national security guard act : show related subordinates 1 the following persons appointed whether on deputation or in any other manner in the security guard shall be subject to this act, wherever they may be, namely: a officers and assistant commander and b rangers and combatised tradesmen. 2 every person subject to this act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the security guard in accordance with the provisions of this act and the rules

section 10. of the national security guard act : show related subordinates 1 the directorgeneral, any additional directorgeneral or any inspectorgeneral may dismiss or remove from service or reduce to a lower grade or rank or the ranks, any person subject to this act other than an officer. 2 an officer not below the rank of a deputy inspectorgeneral or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an assistant commander. 3 any such officer as is mentioned in subsection 2 may reduce to a lower grade or rank or the ranks any person under his command except an officer or an assistant commander. 4 the exercise of any power under this section shall be subject to the provisions of this act and the rules.

section 6. of the national security guard act : every member of the security guard shall be liable to serve in any part of india as well as outside india.

section 11. of the national security guard act : an assistant commander or a ranger or a combatised tradesman who is retired, released, discharged, removed or dismissed from the service shall be furnished by the officer to whose command he is subject, with a certificate setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the security guard.

section 18. of the national security guard act : show related subordinates 1 any person subject to this act who deserts or attempts to desert the service shall, on conviction by a security guard court, a if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this act mentioned and b if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act who knowingly harbours any such deserter shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned. 3 any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned. 4 for the purposes of this act, a person deserts, a if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty b if he absents himself without leave with intent to avoid any active duty.

section 12. of the national security guard act : show related subordinates 1 no person subject to this act shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the security guard or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no person subject to this act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 13. of the national security guard act : 1 any person subject to this act other than an officer who deems himself wronged by any superior or other officer may, complain to the officer under whose command he is serving. 2 when the officer complained against is the officer to whom any complaint should, under subsection 1, be preferred, the aggrieved person may complain to such officers next superior officer. 3 every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant or when necessary, refer the complaint to a superior authority. 4 the directorgeneral may revise any decision made under any of the foregoing subsections, but, subject thereto, such decision shall be final.

section 14. of the national security guard act : any officer who deems himself wronged by his commander or any other superior officer and who, on due application made to his commander or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the directorgeneral or the central government through proper channel.

section 15. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a shamefully abandons place of his duty or misbehaves in such manner as to show cowardice during operations b treacherously holds correspondence with, or communicates intelligence to, a terrorist or any person in arms against the union or c directly or indirectly assists any terrorist with money, arms, ammunition, stores or supplies or in any other manner whatsoever or d knowingly does any act calculated to imperil the success of the security guard or the military, naval, air forces or any other armed force of india or any forces cooperating therewith or any part of such forces, shall, on conviction by a security guard court, be liable to suffer death or such less punishment as is in this act mentioned.

section 17. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes or conspires with any other person to cause any mutiny in the security guard or in the military, naval, air forces or any other armed force of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commander or other superior officer or e endeavours to seduce any person in the security guard or in the military, naval, air forces or any other armed force of india or any forces cooperating therewith from his duty or allegiance to the union, shall, on conviction by a security guard court, be liable to suffer death or such less punishment as is in this act mentioned.

section 16. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a forces a safeguard, or forces or uses criminal force to a sentry or b breaks into any house or other place in search of plunder or c being a sentry sleeps upon his post, or is drunk or d without orders from his superior officer leaves his guard, picket, patrol or post, shall, on conviction by a security guard court, i if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and ii if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years of such less punishment as is in this act mentioned

section 19. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a absents himself without leave or b without sufficient cause overstays leave granted to him or c being on leave or absence and having received information from the appropriate authority that any unit or part thereof to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay or d without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty or e when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march or f when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer or g without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 26. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a when in command of a guard, picket, patrol, detachment or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed or b wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by a security guard court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 21. of the national security guard act : show related subordinates 1 any person subject to this act who disobeys, in such manner as to show a wilful defiance of authority, any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or othrewise, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 22. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer or b uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer or c resists an escort whose duty it is to apprehend him or have him in charge or d breaks out of barracks, camp or quarters or e refuses to obey any general, local or other order, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend, in the case of offences specified in clauses d and e, to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentioned.

section 20. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer, shall, on conviction by a security guard court, i if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and ii in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of any offence specified in clause c, the imprisonment shall not exceed five years. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 23. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 24. of the national security guard act : any officer, assistant commander or ranger grade i, who uses criminal force to, or otherwise illtreats, any person subject to this act, being his subordinate in rank or position, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 25. of the national security guard act : 1 any person subject to this act, who is found in a state of drunkenness, whether on duty or not, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned. 2 for the purposes of subsection 1, a person shall be deemed to be in a state of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the security guard.

section 28. of the national security guard act : show related subordinates any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 27. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation or b having committed a person to security guard custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within fortyeight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this act mentioned.

section 29. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government, or to any security guard mess, band or institution, or to any person subject to this act or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property: or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or injures any property of the government entrusted to him or f does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 30. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a commits extortion or b without proper authority exacts from any person money, provisions or service, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 31. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him or b loses by neglect anything mentioned in clause a or c sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause a, to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this act mentioned.

section 36. of the national security guard act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a security guard court, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a security guard court to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a security guard court to be produced or delivered by him or d refuses, when a witness, to answer any question which he is by law bound to answer or e is guilty of contempt of the security guard court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned

section 32. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a destroys or injures any property mentioned in clause a of section 31, or any property belonging to any security guard mess, band or institution, or to any person subject to this act or b commits any act which causes damage to, or destruction of, any property of the government by fire or in any other manner whatever or c kills, injures, makes away with, illtreats or losses, any animal entrusted to him, shall, on conviction by a security guard court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 33. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint against any person subject to this act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material fact, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 34. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 35. of the national security guard act : any person having become subject to this act who is discovered to have made at the time of appointment a wilfully false statement or declaration in connection with his appointment, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 37. of the national security guard act : show related subordinates any person subject to this act who, having been duly sworn or affirmed before any security guard court, or before any officer competent under this act to administer oath or affirmation or before a court of inquiry constituted under this act, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 38. of the national security guard act : any officer, assistant commander or ranger grade i who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 39. of the national security guard act : any officer or assistant commander who behaves in a manner unbecoming of his position and the character expected of him shall, on conviction by a security guard court, be liable to be dismissed or to suffer such less punishment as is in this act mentioned.

section 45. of the national security guard act : show related subordinates subject to the provisions of section 46, any person subject to this act who at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a security guard court and, on conviction, be punishable as follows, that is to say, a if the offence is one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned and b in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.

section 40. of the national security guard act : any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and discipline of the security guard shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 47. of the national security guard act : show related subordinates 1 punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by security guard courts according to the scale following, that is to say, a death b imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in security guard custody c dismissal from the service d imprisonment for a term not exceeding three months in security guard custody e reduction to the ranks or to a lower rank or grade in the case of a ranger grade i f forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion where promotion depends upon length of service g forfeiture of service for the purpose of increment or pension or other prescribed purpose h severe reprimand or reprimand except in the case of persons below the rank of ranger grade i i forfeiture in the case of a person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal j deduction from pay and allowances to make good any proved loss or damage occasioned by the offence for which he is convicted. 2 each of the punishments specified in subsection 1 shall be deemed to be inferior in degree to every punishment preceding it in the above scale

section 41. of the national security guard act : any person subject to this act who commits any of the following offences, that is to say, a being in command of any detachment or post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has caused disturbance at any public place, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority or b by defiling any place of worship, or otherwise intentionally insults the religion, or wounds the religious feelings of any person or c attempts to commit suicide, and in such attempt does any act towards the commission of such offence or d being below the rank of an assistant commander, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town, carrying a rifle, sword or other offensive weapon or e directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the appointment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service or f commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by a security guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned

section 42. of the national security guard act : any person subject to this act who attempts to commit any of the offences specified in sections 15 to 41 both inclusive and in such attempt does any act towards the commission of the offence shall, on conviction by a security guard court, where no express provision is made by this act for the punishment of such attempt, be liable, a if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 44. of the national security guard act : 1 any person subject to this act who abets the commission of any of the offences punishable with death under sections 15, 17 and subsection 1 of section 18 shall, on conviction by a security guard court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who abets the commission of any of the offences specified in sections 15 to 41 both inclusive and punishable with imprisonment shall, on conviction by a security guard court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 43. of the national security guard act : any person subject to this act who abets the commission of any of the offences specified in sections 15 to 41 both inclusive shall, on conviction by a security guard court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned.

section 46. of the national security guard act : a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be guilty of an offence under this act and shall not be tried by a security guard court, unless he commits any of the said offences, a while on active duty or b at any place outside india.

section 49. of the national security guard act : a sentence of a security guard court may award in addition to, or without any one other punishment, the punishment specified in clause c of subsection 1 of section 47 and any one or more of the punishments specified in clauses e to j both inclusive of that subsection.

section 48. of the national security guard act : subject to the provisions of this act, a security guard court may, on convicting a person subject to this act of any of the offences specified in sections 15 to 44 both inclusive award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu, thereof, any of the punishments lower in the scale set out in section 47 regard being had to the nature and degree of the offence.

section 50. of the national security guard act : punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of a security guard court in the manner stated in sections 51 and 53.

section 51. of the national security guard act : show related subordinates 1 subject to the provisions of section 52, a commander of and above the rank of a group commander may, in the prescribed manner proceed against a person subject to this act other than an officer or an assistant commander, who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say, a imprisonment in security guard custody up to twentyeight days b detention up to twentyeight days c confinement to the lines up to twentyeight days d extra guards or duties e deprivation of any acting rank provided such rank has not been held by him for more than two years f severe reprimand or reprimand g deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished. 2 if a group is being temporarily commanded by an officer of the rank of a squadron commander or a team commander, such officer shall have full powers of a commander as specified in subsection 1. 3 subject to the provisions of section 52, a squadron commander or a team commander commanding a squadron or a team or any detachment shall have the power to proceed against a person subject to this act, other than an officer or an assistant commander, who is charged with an offence under this act and award such person to the extent prescribed, one or more of the punishments specified in clauses a to d and g of subsection 1 provided that the maximum limit of punishment awarded under each of the clauses a, b and c shall not exceed fourteen days.

section 52. of the national security guard act : 1 in the case of an award of two or more of the punishments specified in clauses a, b, c and d of subsection 1 of section 51, the punishments specified in clause c or clause d shall take effect only at the end of the punishment specified in clause a or clause b. 2 when two or more of the punishments specified in the said clauses a, b and c are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fiftysix days. 3 the punishments specified in the said clauses a, b and c shall not be awarded to any person who is of the rank of ranger grade i or was, at the time of committing the offence for which he is punished, or such rank. 4 the punishments specified in clause f of subsection 1 of section 51 shall not be awarded to any person below the rank of ranger grade i.

section 57. of the national security guard act : show related subordinates in every case where any such person as is mentioned in section 55 and as is not on active duty, remains in such custody for a longer period than eight days without a security guard court for his trial being convened, a special report giving reasons for the delay shall be made by his commander and a similar report shall be forwarded at intervals of every eight days until a security guard court is convened or such person is released from custody.

section 53. of the national security guard act : show related subordinates an officer not below the rank of an inspectorgeneral may, in the prescribed manner, proceed against an officer of or below the rank of a squadron commander, who is charged with an offence under this act, and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a general security guard court b severe reprimand or reprimand c deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 54. of the national security guard act : show related subordinates 1 an officer not below the rank of a deputy inspectorgeneral may, in the prescribed manner, proceed against a person of the rank of an assistant commander who is charged with an offence under this act and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a general security guard court b severe reprimand or reprimand c deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. 2 an officer of the rank of a group commander may, in the prescribed manner, proceed against a person of the rank of an assistant commander who is charged with an offence under this act and award any one or both of the following punishments, that is to say, a severe reprimand or reprimand b deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 55. of the national security guard act : 1 any person subject to this act who is charged with an offence may be taken into security guard custody, under the order of any superior officer. 2 notwithstanding anything contained in subsection 1, an officer may order into security guard custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.

section 56. of the national security guard act : show related subordinates 1 it shall be the duty of every commander to take care that a person under his command when charged with an offence is not detained in custody for more than fortyeight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. 2 the case of every person being detained in custody beyond a period of fortyeight hours, and the reasons therefor, shall be reported by the commander to the next higher authority. 3 in reckoning the period of fortyeight hours specified in subsection 1, sundays and other public holidays shall be excluded. 4 subject to the provisions of this act, the central government may make rules providing for the manner in which and the period for which any person subject to this act may be taken into and detained in security guard custody, pending the trial by any competent authority for any offence committed by him

section 61. of the national security guard act : for the purposes of this act there shall be three kinds of security guard courts, that is to say, a general security guard courts b petty security guard courts and c summary security guard courts.

section 59. of the national security guard act : 1 whenever any person subject to this act deserts, the commander of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into security guard custody. 2 any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter and shall bring him without delay before the nearest magistrate, to be dealt with according to law

section 58. of the national security guard act : whenever any person subject to this act, who is accused of an offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to security guard custody of such persons upon receipt of a written application to that effect signed by his commander or an officer authorised by the commander in that behalf.

section 60. of the national security guard act : show related subordinates 1 when any person subject to this act has been absent from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be appointed by an officer not below the rank of a group commander under whose command he is for the time being serving and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and transmit the proceedings of the court of inquiry to the officer who appointed the court of inquiry, for further action. 2 if the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this act, be deemed to be a deserter. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 63. of the national security guard act : a petty security guard court may be convened by an officer having power to convene a general security guard court or by an officer empowered in this behalf by warrant of any such officer.

section 65. of the national security guard act : a general security guard court shall consist of not less than five officers.

section 64. of the national security guard act : a warrant, issued under section 62 or section 63 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

section 62. of the national security guard act : a general security guard court may be convened by the central government or the directorgeneral or by any officer empowered in this behalf by warrant of the directorgeneral.

section 70. of the national security guard act : a petty security guard court shall have the power to try any person subject to this act other than an officer or an assistant commander for any offence made punishable thereunder and to pass any sentence authorised by this act other than a sentence of death, or imprisonment for a term exceeding two years.

section 66. of the national security guard act : a petty security guard court shall consist of not less than three officers.

section 67. of the national security guard act : 1 a summary security guard court may be held by the commander of any unit of the security guard and he alone shall constitute the court. 2 the proceedings shall be attended throughout by two other persons who shall be officers or assistant commanders or one of either, and who shall not as such, be sworn or affirmed: provided that the persons attending the court for the trial of an officer shall not be of a rank lower than the rank of that officer unless in the opinion of the convening officer recorded in the convening order, officers of such rank are not, having due regard to the exigencies of public service, available.

section 68. of the national security guard act : show related subordinates 1 if a security guard court after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolved. 2 if, on account of the illness of the concerned judge attorney or, as the case may be, deputy judge attorneygeneral or additional judge attorneygeneral or of the accused before the finding, it is impossible to continue the trial, a security guard court shall be dissolved. 3 the authority or officer who convened a security guard court may dissolve the same if it appears to it or him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said security guard court. 4 where a security guard court is dissolved under this section, the accused may be tried again. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 69. of the national security guard act : a general security guard court shall have the power to try any person subject to this act for any offence punishable thereunder and to pass any sentence authorised thereby.

section 71. of the national security guard act : 1 subject to the provisions of subsection 2, a summary security guard court may try any offence punishable under this act. 2 when there is no grave reason for immediate action a reference can, without detriment to discipline, be made to the officer empowered to convene a petty security force court for the trial of the alleged offender, an officer holding a summary security guard court shall not try without such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the court. 3 a summary security guard court may try any person subject to this act and under the command of the officer holding the court, except an officer, or an assistant commander. 4 a summary security guard court may pass any sentence which may be passed under this act, except the sentence of death or of imprisonment for a term exceeding the limit specified in subsection 5. 5 the limit referred to in subsection 4 shall be, a one year, if the officer holding the security guard court holds the rank not below that of a group commander b three months, in any other case.

section 72. of the national security guard act : show related subordinates 1 when any person subject to this act has been acquitted or convicted of an offence by a security guard court or by a criminal court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again for the same offence by a security guard court or dealt with under the said sections. 2 when any person subject to this act, has been acquitted or convicted of an offence by a security guard court or has been dealt with under section 51 or section 53 or section 54, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 78. of the national security guard act : 1 when a criminal court having jurisdiction is of the opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 77 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the central government. 2 in every such case, the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the central government whose order upon such reference shall be final.

section 73. of the national security guard act : show related subordinates 1 except as provided by subsection 2, no trial by a security guard court of any person subject to this act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. 2 the provisions of subsection 1 shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 17. 3 in the computation of the period of time mentioned in subsection 1, any time spent by such person in evading arrest after the commission of the offence, shall be excluded,

section 74., of offender who ceases to be subject to this act. of the national security guard act : 1 where an offence under this act had been committed by any person while subject to this act, and he has ceased to be so subject, he may be taken into and kept in security guard custody and tried and punished for such offence as if he continued to be so subject. 2 no such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this act provided that nothing contained in this subsection shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a security guard court.

section 80. of the national security guard act : every general security guard court shall, and every petty security guard court may, be attended by a judge attorney or a deputy judge attorneygeneral or an additional judge attorneygeneral, or, if no such officer is available, an officer approved by the judge attorneygeneral or by any officer authorised in this behalf by the judge attorneygeneral.

section 75. of the national security guard act : 1 when a person subject to this act is sentenced by a security guard court to imprisonment, this act shall apply to him during the term of his sentence, though he is dismissed from the security guard, or has otherwise ceased to be subject to this act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act. 2 when a person subject to this act is sentenced by a security guard court to death, this act shall apply to him till the sentence is carried out.

section 76. of the national security guard act : any person subject to this act who commits any offence against it may be tried and punished for such offence in any place whatever.

section 77. of the national security guard act : show related subordinates when a criminal court and a security guard court have each jurisdiction in respect of an offence, it shall be in the discretion of the directorgeneral, or the inspectorgeneral or the deputy inspectorgeneral, within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a security guard court, to direct that the accused person shall be detained in security guard custody.

section 79. of the national security guard act : at every general security guard court or petty security guard court, the senior member shall be the presiding officer.

section 81. of the national security guard act : show related subordinates 1 at all trials by a general security guard court or by a petty security guard court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer, sitting on the court. 2 if the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection. 3 if the objection is allowed by one half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. 4 when no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 82. of the national security guard act : 1 an oath or affirmation in the prescribed manner shall be administered to every member of every security guard court and to the judge attorney, or, as the case may be, the deputy judge attorneygeneral or the additional judge attorneygeneral or the officer approved under section 80, before the commencement of the trial. 2 every person giving evidence before a security guard court shall be examined after being duly sworn or affirmed in the prescribed form. 3 the provisions of subsection 2 shall not apply where the witness is a child under twelve years of age and the security guard court is of the opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

section 83. of the national security guard act : 1 subject to the provisions of subsections 2 and 3, every decision of a security guard court shall be passed by an absolute majority of votes and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. 2 no sentence of death shall be passed by a general security guard court without the concurrence of at least twothirds of the members of the court. 3 in matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

section 84. of the national security guard act : the indian evidence act, , 1 of shall, subject to the provisions of this act, apply to all proceedings before a security guard court.

section 85. of the national security guard act : a security guard court may take judicial notice of any matter within the general knowledge of the members as officers of the security guard.

section 86. of the national security guard act : show related subordinates 1 the convening officer, the presiding officer of a security guard court, the judge attorney or, as the case may be, the deputy judge attorneygeneral or the additional judge attorneygeneral or the officer approved under section 80 or the commander of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. 2 in the case of a witness who is subject to this act, the summons shall be sent to his commander and such officer shall serve it upon him accordingly. 3 in the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness was required in the court of such a magistrate. 4 when a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 88. of the national security guard act : 1 whenever, in the course of a trial by a security guard court, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the judge attorneygeneral in order that a commission to take the evidence of such witness may be issued. 2 the judge attorneygeneral may then if he thinks necessary, issue a commission to any chief judicial magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 3 the magistrate or officer to whom the commission is issued, or, if he is the chief judicial magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrantcases under the code of criminal procedure, 2 of . 4 when the witness resides in a tribal area or in any place outside india, the commission may be issued in the manner specified in chapter xxiiib of the code of criminal procedure, 2 of .

section 92. of the national security guard act : 1 any appointment paper purporting to be signed by an appointing authority shall, in proceedings under this act, be evidence of the person appointed having given the answers to questions which he is therein represented as having given. 2 the appointment of such person may be proved by the production of the original or a copy of his appointment paper purporting to be certified to be a true copy by the officer having the custody of the appointment paper.

section 87. of the national security guard act : 1 nothing in section 86 shall be deemed to effect the operation of sections 123 and 124 of the indian evidence act, 1 of or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 2 if any document in such custody is, in the opinion of any district magistrate, chief judicial magistrate, court of session on high court wanted for the purpose of any security guard court, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. 3 if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for, and to detain such document pending the order of any such district magistrate, chief judicial magistrate, court of session or high court.

section 89. of the national security guard act : 1 the prosecutor and accused person in any case in which a commission is issued under section 88 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. 2 the prosecutor and the accused person may appear before such magistrate or officer by counsel, or, except in the case of an accused person in custody, in person, and may examine, crossexamine and reexamine, as the case may be, the said witness. 3 after a commission issued under section 88 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the judge, attorneygeneral. 4 on receipt of a commission, and deposition returned under subsection 3, the judge attorneygeneral shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court conveaned for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the court. 5 in every case in which a commission is issued under section 88, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.

section 90. of the national security guard act : show related subordinates a person charged before a security guard court, a with desertion may be found guilty of attempting to desert or of being absent without leave b with attempting to desert may be found guilty of being absent without leave c with using criminal force may be found guilty of assault d with using threatening language may be found guilty of using insubordinate language e with any one of the offences specified in clauses a, b, c and d of section 29 may be found guilty of any other of these offences with which he might have been charged f with an offence punishable under section 45 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the code of criminal procedure, 2 of , were applicable g with any offence under this act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment h with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 91. of the national security guard act : in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

section 94. of the national security guard act : 1 if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. 2 the written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court. 3 if the court is dissolved before the receipt of such reply or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

section 95. of the national security guard act : 1 when any person subject to this act has been convicted by a security guard court of any offence, such security guard court may inquire into and receive and record evidence of any previous convictions of such person, either by a security guard court or by a criminal court, or any previous award of punishment under section 51 or section 53 or section 54 and may further inquire into and record the general character of such person and such other matters as may be prescribed. 2 the evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of security guard courts or other official records and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. 3 at a summary security guard court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

section 96. of the national security guard act : show related subordinates 1 whenever, in the course of a trial by a security guard court, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. 2 the presiding officer of the court, or, in the case of a summary security guard court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 111, as the case may be. 3 the confirming officer to whom the case is reported under subsection 2 may, if he does not confirm the finding, take steps to have the accused person tried by the same or another security guard court for the offence with which he was charged. 4 the authority to whom the finding of a summary security guard court is reported under subsection 2, and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government. 5 on receipt of a report under subsection 4, the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

section 93. of the national security guard act : show related subordinates 1 a letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, any unit of the security guard, or respecting the circumstances of any person not having served in, or belonged to, any unit of the security guard, if purporting to be signed by or on behalf of the central government or the directorgeneral, or by any other competent authority, shall be evidence of the facts stated in such letter, return or other document. 2 a national security guard list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers and assistant commanders therein mentioned, and of any appointment held by them and of the group, unit or branch of the security guard to which they belong. 3 where a record is made in any unit book in pursuance of this act or of any rules or otherwise in the discharge of official duties, and purports to be signed by the commander or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. 4 a copy of any record in any unit book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. 5 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any unit of the security guard, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commander of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 6 where any person subject to this act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 7 a any document purporting to be a report under the hand of a government scientific expert to whom this subsection applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this act, may be used as evidence in any inquiry, trial or other proceeding under this act. b the security guard court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report. c where any such expert is summoned by a security guard court and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally depute any responsible person working with him to attend the court if such officer is conversant with the facts of the case and can satisfactorily depose in the court on his behalf. d this subsection applies to the government scientific experts, for the time being specified in subsection 4 of section 293 of the code of criminal procedure, 2 of . rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 97. of the national security guard act : show related subordinates where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 96, any officer prescribed in this behalf, may a if such person is in custody under subsection 4 of section 96, on the report of a medical officer that he is capable of making his defence, or b if such person is detained in a jail under subsection 5 of section 96, on a certificate of the inspectorgeneral of prisons, and if such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that subsection, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another security guard court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.

section 98. of the national security guard act : a copy of every order made by an officer under section 97 for the trial of the accused shall forthwith be sent to the central government.

section 100. of the national security guard act : where any relative or friend of any person who is in custody under subsection 4 of section 96 of under detention under subsection 5 of that section desires that he should be delivered to his care and custody, the central government may, upon application by such relative or friend and, on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other officer, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friend.

section 99. of the national security guard act : where any person is in custody under subsection 4 of section 96 or under detention under subsection 5 of that section, a if such person is in custody under the said subsection 4, on the report of a medical officer, or b if such person is detained under the said subsection 5, on a certificate from any of the authorities mentioned in clause b of section 97 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

section 108.power of confirming authority to mitigate, remit or commute sentences of the national security guard act : subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 105 or section 106, a confirming authority may, when confirming the sentence of a security guard court, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 47 or may set aside the proceedings of the trial if found to be illegal.

section 101. of the national security guard act : when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a security guard court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

section 102. of the national security guard act : show related subordinates 1 after the conclusion of a trial before any security guard court, the court or the officer confirming the finding or sentence of such security guard court, or any authority superior to such officer, or in the case of a summary security guard court whose finding or sentence does not require confirmation, an officer not below the rank of a deputy inspectorgeneral within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 2 where any order has been made under subsection 1 in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure, 2 of . 3 in this section, the term property includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise.

section 103. of the national security guard act : any trial by a security guard court under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the security guard court shall be deemed to be a court within the meaning of sections 345 and 346 of the code of criminal procedure, 2 of .

section 107. of the national security guard act : a warrant issued under section 105 or section 106 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

section 105. power to confirm finding and sentence of general security guard court of the national security guard act : the findings and sentences of general security guard courts may be confirmed by the central government or by any officer empowered in this behalf by warrant of the central government.

section 104. of the national security guard act : no finding or sentence of a general security guard court or a petty security guard court shall be valid except so far as it may be confirmed as provided by this act.

section 106. of the national security guard act : the findings and sentences of petty security guard courts may be confirmed by an authority or officer having power to convene a general security guard court or by any officer empowered in this behalf by warrant of such authority or officer.

section 109.revision of finding or sentence of the national security guard act : show related subordinates 1 any finding or sentence of a security guard court which requires confirmation may be once revised by the order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. 2 the court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. 3 in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general security guard court, it still consists of five officers, or, if a petty security guard court, of three officers.

section 110. of the national security guard act : the finding and sentence of a summary security guard court shall not require to be confirmed, but may be carried out forthwith.

section 111.transmission of proceedings of summary security guard court of the national security guard act : the proceedings of every summary security guard court shall, without delay, be forwarded to the officer not below the rank of a deputy inspectorgeneral within whose command the trial was held, or to the prescribed officer, and such officer, or the directorgeneral or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the court might have passed.

section 116.commencement of sentence of imprisonment of the national security guard act : whenever any person is sentenced by a security guard court under this act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case of a summary security guard court, by the court: provided that the period of detention or confinement, if any undergone by an accused person, during the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the original proceedings were signed shall be setoff against the term of his sentence and the liability of such person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence.

section 112. of the national security guard act : show related subordinates 1 where a finding of guilty by a security guard court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 124 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: provided that no such substitution shall be made unless such findings could have been validly made by the security guard court on the charge and unless it appears that the security guard court must have been satisfied of the facts establishing the said offence. 2 where a sentence passed by a security guard court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under subsection 1, is found for any reason to be invalid, the authority referred to in subsection 1 may pass a valid sentence. 3 the punishment awarded by a sentence passed under subsection 1 or subsection 2 shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. 4 any finding substituted, or any sentence passed under this section shall, for the purposes of this act and the rules, have effect as if it were a finding or sentence, as the case may be, of a security guard court.

section 113. of the national security guard act : show related subordinates 1 any person subject to this act who considers himself aggrieved by any order passed by any security guard court may present a petition to the officer or authority empowered to confirm any finding or sentence of such security guard court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 2 any person subject to this act who considers himself aggrieved by a finding or sentence of any security guard court which has been confirmed, may present a petition to the central government, the directorgeneral, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, the directorgeneral, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.

section 118. of the national security guard act : where a sentence of imprisonment is directed to be undergone in a civil prison the offender may be kept in security guard custody or in any other fit place, till such time as it is possible to send him to a civil prison.

section 115. of the national security guard act : in awarding a sentence of death, a security guard court shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

section 117. of the national security guard act : show related subordinates 1 whenever any sentence of imprisonment is passed under this act by a security guard court or whenever any sentence of death is commuted to imprisonment, the confirming officer, or in case of a summary security guard court the officer holding the court or such other officer as may be prescribed, shall, save as otherwise provided in subsections 3 and 4, direct that the sentence shall be carried out by confinement in a civil prison. 2 when a direction has been made under subsection 1, the commander of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. 3 in the case of a sentence of imprisonment for a period not exceeding three months and passed under this act by a security guard court, the appropriate officer under subsection 1 may direct that the sentence shall be carried out by confinement in security guard custody instead of in a civil prison. 4 on active duty, a sentence of imprisonment may be carried out by confinement in such place as the deputy inspectorgeneral within whose command the person sentenced is serving or any prescribed officer, may, from time to time, appoint. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 114. of the national security guard act : the central government, the directorgeneral or an inspectorgeneral may annul the proceedings of any security guard court on the ground that they are illegal or unjust.

section 124.pardon and remission of the national security guard act : when any person subject to this act has been convicted by a security guard court of any offence, the central government or the directorgeneral or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of a deputy inspectorgeneral within whose command such person at the time of conviction was serving, or the prescribed officer may, a either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded or b mitigate the punishment awarded or c commute such punishment for any less punishment or punishments mentioned in this act or d either with or without conditions which the person sentenced accepts, release the person on parole.

section 119.execution of sentence of imprisonment in special cases of the national security guard act : whenever, in the opinion of an officer not below the rank of a deputy inspectorgeneral within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in security guard custody in accordance with the provisions of section 117, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

section 126.suspension of sentence of imprisonment of the national security guard act : 1 where a person subject to this act is sentenced by a security guard court to imprisonment, the central government, the directorgeneral or any officer empowered to convene a general security guard court may suspend the sentence whether or not the offender has already been committed to prison or to security guard custody. 2 the authority or officer specified in subsection 1 may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to security guard custody. 3 the powers conferred by subsections 1 and 2 may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

section 120. of the national security guard act : a person under sentence of imprisonment may, during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

section 121. of the national security guard act : show related subordinates whenever an order is duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined. rules yeardescriptionfiles nationalsecurityguardadjustmentofjurisdictionrule national security guard rules

section 122. of the national security guard act : when a sentence of fine is imposed by a security guard court under section 45, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the code of criminal procedure, 2 of , as if it were a sentence of fine imposed by such magistrate.

section 123.informality or error in the order or warrant of the national security guard act : whenever any person is sentenced to imprisonment under this act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly.

section 125. of the national security guard act : 1 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. 2 a person whose sentence of imprisonment is carried into effect under the provisions of subsection 1 shall undergo only the unexpired portion of his sentence.

section 127. of the national security guard act : 1 where the sentence referred to in section 126 is imposed by a security guard court, other than a summary security guard court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to security guard custody until the orders of the authority or officer specified in section 126, have been obtained. 2 where a sentence of imprisonment is imposed by a summary security guard court, the officer holding the trial may make the direction referred to in subsection 1.

section 128. of the national security guard act : where a sentence is suspended under section 126, the offender shall forthwith be released from custody.

section 129. of the national security guard act : any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

section 134. of the national security guard act : 1 where in addition to any other sentence the punishment of dismissal has been awarded by a security guard court, and such other sentence is suspended under section 126, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 126. 2 if such other sentence is remitted under section 130, the punishment of dismissal shall also be remitted.

section 130.order after suspension of the national security guard act : while a sentence is suspended, order a that the offender be committed to undergo the unexpired portion of the sentence or b that the sentence be remitted.

section 136.deduction from pay and allowances of the national security guard act : 1 subject to the provisions of subsection 4, the following deductions may be made from the pay and allowances of an officer, that is to say a all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given and accepted by the inspectorgeneral under whom he is for the time being serving, and for every day of imprisonment awarded by a criminal court or a security guard court b any sum required to make good the pay of any person subject to this act which the officer has unlawfully retained or unlawfully refused to pay c any sum required to be paid as fine imposed by a criminal court d any sum required to make up any loss, damage or destruction of public property or property belonging to the security guard which, after due investigation, appears to the inspectorgeneral under whom the officer is for the time being serving, to have been occasioned by wrongful act or negligence on the part of the officer e any sum required by an order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or stepchild or towards the cost of any relief given by the said government to the said wife or child. 2 subject to the provisions of subsection 4, the following deductions may be made from the pay and allowances of a person subject to this act, other than an officer, that is to say, a all pay and allowances due to him for every day of absence either on desertion or without leave unless a satisfactory explanation has been given and accepted by his commander and for every day of imprisonment awarded by a criminal court, a security guard court or an officer exercising authority under section 51 b any sum required to make good the pay of any person subject to this act which he has unlawfully retained or unlawfully refused to pay c any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property or any private fund of the security guard as may be awarded by his commander d any sum required to be paid as fine imposed by a criminal court e any sum required by an order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or stepchild or towards the cost of any relief given by the said government to the said wife or child. 3 i no person shall be treated as absent or under imprisonment for a day unless the absence or imprisonment has lasted, whether wholly in one day or partly in one day and partly in another, for six consecutive hours or upwards. ii any absence or imprisonment for less than a day may be reckoned as absence or imprisonment for a day if such absence or imprisonment prevented the absentee from fulfilling any duty as a member of the security guard which was thereby thrown upon some other member. 4 the total deductions from the pay and allowances of a person made under clauses b to e of subsection 1 or clauses b to e of subsection 2 shall not, except where he is sentenced to dismissal, exceed in any one month, onehalf of his pay and allowances for that month. 5 any sum authorised by this act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension. 6 the following shall be the authorities competent to order deductions from pay and allowances under this act, namely: a commanders not below the rank of group commanders, in the case of persons other than officers b inspectorgeneral, in the case of officers. 7 any authority superior to the one ordering any deduction under this act shall be competent to remit the whole or part of the said deduction. 8 any power conferred by the provisions of this section on an officer may be exercised by an officer or authority superior in command to the first mentioned officer.

section 131. of the national security guard act : 1 where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 126, or by any officer not below the rank of a deputy inspectorgeneral duly authorised by the authority or officer specified in section 126. 2 where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 126.

section 133. of the national security guard act : the powers conferred by sections 126 and 130 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.

section 132. of the national security guard act : where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, then a if the further sentence is also suspended under this act, the two sentences shall run concurrently b if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall also be committed to prison or security guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently and c if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 130 or section 131 continue to be suspended.

section 135.rank structure of the national security guard act : show related subordinates 1 the officers and other members of the security guard shall be classified in accordance with their ranks in the following categories, namely: a officers i directorgeneral. ii additional directorgeneral. iii inspectorgeneral. iv deputy inspectorgeneral. v group commander. vi squadron commander. vii team commander b assistant commanders viii assistant commander grade i. ix assistant commander grade ii. x assistant commander grade iii. c person other than officers and assistant commanders xi ranger grade i. xii ranger grade ii. xiii combatised tradesmen. 2 the matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed. 3 notwithstanding anything contained in this act, the directorgeneral may, subject to confirmation by the central government as provided hereinafter, grant to an officer or assistant commander grade i a rank, mentioned in clause a of subsection 1 as a local rank, whenever considered necessary by him in the interest of better functioning of the security guard. 4 an officer or assistant commander grade i holding a local rank, a shall exercise the command and be vested with powers of an officer holding that rank b shall cease to hold that rank, if the grant of such rank is not confirmed within one month by the central government, or when so ordered by the directorgeneral or when he ceases to hold the appointment for which the rank was granted c shall not be entitled to claim any seniority over other officers by virtue of his having held such local rank and d shall not be entitled to any extra pay for holding such rank.

section 138. of the national security guard act : show related subordinates 1 in any suit or proceeding against any member of the security guard for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. 2 any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the security guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. 3 notwithstanding anything contained in any other law for the time being in force, any legal proceeding whether civil or criminal which may lawfully be brought against any member of the security guard for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

section 140. of the national security guard act : 1 the national security guard in existence at the commencement of this act shall be deemed to be the security guard constituted under this act. 2 the members of the national security guard in existence at the commencement of this act shall be deemed to have been appointed as such under this act. 3 anything done or any action taken before the commencement of this act in relation to the constitution of the national security guard referred to in subsection 1, in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this act: provided that nothing in this subsection shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this act.

section 139. of the national security guard act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the security guard shall be constituted and the conditions of service of its members under subsection 1 of section 4 b the nature of the book or letter or other document, the communication or publication whereof would not be restricted by subsection 1 of section 12 c the purposes other than political purposes for which a person subject to the act shall not participate in, or address, any meeting or demonstration under subsection 2 of section 12 d the purposes for which the forfeiture of service as a punishment may be inflicted under subsection 1 of section 47 e the manner in which officers may be proceeded against under section 53 and subsections 1 and 2 of section 54 f the manner in which and the period for which any person subject to this act may be taken into and detained in security guard custody pending his trial under subsection 4 of section 56 g the manner in which a court of inquiry enquiring into the absence of person, shall administer oath or affirmation under subsection 1 of section 60 h the manner in which a vacancy may be filled in on the retirement of a member of general security guard court or a petty security guard court under subsection 3 of section 81 i the manner in which oath or affirmation shall be administered to the members of the security guard courts and the judge attorney, etc., under subsection 1 of section 82 j the manner in which a person giving evidence before a security guard court shall be sworn or affirmed in under subsection 2 of section 82 k the manner in which a security guard court when convicting a person may inquire into under subsection 1 of section 95 l the manner in which an accused person shall be kept in custody under subsection 4 of section 96 m the form of the warrant which shall be forwarded to the officer in charge of the prison in which a person under sentence of imprisonment is to be conferred under subsection 2 of section 117 n the person who shall forward the warrant for the confinement of a person in a civil prison under section 121 o the matters relating to inter se seniority of persons belonging to the same rank under subsection 2 of section 135 p the authorities or officers to be prescribed under section 7, subsection 2 of section 10, subsection 1 of section 12, section 77, section 97, section 111, subsection 2 of section 113, subsections 1, 2 and 4 of section 117 and section 124 q any other matter which is to be, or may be, prescribed or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary for the proper implementation of this act. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 137. of the national security guard act : 1 the central government may, by general or special order published in the official gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the security guard may exercise or discharge such of the powers or duties under any central act as may be specified in the said order, being the powers and duties which, in the opinion of the central government, an officer of the corresponding or lower rank is by such central act empowered to exercise or discharge for the said purposes. 2 the central government may, by general or special order published in the official gazette, confer or impose, with the concurrence of the state government concerned, any of the powers or duties which may be exercised or discharged under a state act by a police officer upon a member of the security guard who, in the opinion of the central government, holds a corresponding or higher rank. 3 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 7. of the indian telegraph act : show related subordinates 1 the central government may, from time to time, by notification in the official gazette, make rules1 consistent with this act for for the conduct of all or any telegraphs established, maintained or worked by the government or by persons licensed under this act. 2 rules under this section may provide for all or any of the following, among other matters, that is to say: a the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted 2within india b the precautions to be taken for preventing the improper interception or disclosure of messages c the period for which, and the conditions subject to which, telegrams and other documents belonging to, or being in the custody of, telegraph offices shall be preserved and d the fees to be charged for searching for telegrams or other documents in the custody of any telegraph officer 3e the conditions and restrictions subject to which any telegraph line, appliance or apparatus for telegraphic communication shall be established, maintained, worked, repaired, transferred, shifted, withdrawn or disconnected 4ee the charges in respect of any application for providing any telegraph line, appliance or apparatus 5eea the manner in which the fund may be administered eeb the criteria based on which sums may be released f the charges in respect of i the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus ii the services of operators operating such line, appliance or apparatus g the matters in connection with the transition from a system where under rights and obligations relating to the establishment, maintenance, working, repair, transfer or shifting of any telegraph line, appliance or apparatus for telegraphic communication attach by virtue of any agreement to a system whereunder such rights and obligations attach by virtue of rules made under this section h the time at which, the manner in which, the conditions under which and the persons by whom the rates, charges and fees mentioned in this subsection shall be paid and the furnishing of security for the payment of such rates, charges and fees i the payment of compensation to the central government for any loss incurred in connection with the provision of any telegraph line, appliance or apparatus for the benefit of any person a where the line, appliance or apparatus is, after it has been connected for use, given up by that person before the expiration of the period fixed by these rules, or b where the work done for the purpose of providing the line, appliance or apparatus is, before it is connected for use, rendered abortive by some act or omission on the part of that person j the principles according to which and the authority by whom the compensation referred to in clause i shall be assessed 6jj the qualifications to be possessed and the examinations, if any, to be passed by the persons employed for the establishment, maintenance or working of any telegraph and the fees to be charged for admission to such examinations k any other matter for which provision is necessary for the proper and efficient conduct of all or any telegraphs under this act. 3 when making rules for the conduct of any telegraph established, maintained or worked by any person licensed under this act, the central government may by the rules prescribe fines for any breach of the same: provided that the fines so prescribed shall not exceed the following limits, namely: i when the person licensed under this act is punishable for the breach, one thousand rupees, and in the case of a continuing breach a further fine of two hundred rupees for every clay after the first during the whole or any part of which the breach continues ii when a servant of the person so licensed, or any other person, is punishable for the breach, onefourth of the amounts specified in clause i. 74 nothing in this section or in any rules made hereunder shall be construed as a precluding the central government from entering into an agreement with a person for the establishment, maintenance and working by that government on terms and conditions specified in the agreement, of any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication, where having regard to the number of the lines, appliance or apparatus required by that person for telegraphic communication, it is necessary or expedient to enter into such agreement with him, or b subjecting the central government to any obligation to provide any telegraph line, appliance or apparatus for the purpose of affording means of telegraphic communication. 85 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days 9 which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. see the indian telegraph rules, , gazette of india, , pt. 11, sec. 3, p. . 2. ins. by act 33 of , s. 3. 3. ins. by act 47 of , s. 2 w.e.f. 1 . 4. ins. by act 48 of , s. 2 w.e.f. . 5. ins. by act 8 of , s. 4 w.e.f. . 6. ins. by act 15 of , s. 3. 7. ins. by act 47 of , s. 2 w.e.f. . 8. subs. by act 15 of , s. 3, for subsection 5. 9. subs. by act 48 of , s. 2, for certain words w.e.f. .

section 7a. of the indian telegraph act : 17a. saving of existing agreements. nothing in section 7 shall authorise the making of any rules determing any agreement entered into by the central government with any person before the commencement of the indian telegraph amendment act, 47 of , relating to the establishment, maintenance or working of any telegraph line, appliance or apparatus for telegraphic communication and all rights and obligations thereunder relating to such establishment, maintenance or working shall be determined in accordance with the terms and conditions of such agreement. 1. ins. by act 47 of , s. 3 w.e.f. .

section 5. of the indian telegraph act : 1 5. power for government to take possession of licensed telegraphs and to order interception of messages.1 on the occurrence of any public emergency, or in the interest of the public safety, the central government or a state government or any officer specially authorised in this behalf by the central government or a state government may, if satisfied that it is necessary or expedient so to do, take temporary possession for so long as the public emergency exists or the interest of the public safety requires the taking of such action of any telegraph established, maintained or worked by any person licensed under this act. 2 on the occurrence of any public emergency, or in the interest of the public safety, the central government or a state government or any officer specially authorised in this behalf by the central government or a state government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the government making the order or an officer thereof mentioned in the order: provided that press messages intended to be published in india of correspondents accredited to the central government or a state government shall not be intercepted or detained, unless their transmission has been prohibited under this subsection. 1. subs. by act 38 of , s. 2, for section 5.

section 7b. of the indian telegraph act : 17b. arbitration of disputes.1 except as otherwise expressly provided in this act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been, provided, the dispute shall be determined by arbitration and shall, for the purposes of such determination, be referred to an arbitrator appointed by the central government either specially for the determination of that dispute or generally for the determination of disputes under this section. 2 the award of the arbitrator appointed under subsection 1 shall be conclusive between the parties to the dispute and shall not be questioned in any court. 1. ins. by act 47 of , s. 3 w.e.f. .

section 6a. of the indian telegraph act : 16a. power to notify rates for transmission of messages to countries outside india. 1 the central government may, from time to time, by order, notify the rates at which, and the other conditions and restrictions subject to which, messages shall be transmitted to any country outside india. 2 in notifying the rates under subsection 1, the central government shall have due regard to all or any of the following factors, namely: a the rates for the time being in force, for transmission of messages, in countries outside india b the foreign exchange rates for the time being in force c the rates for the time being in force for transmission of messages within india d such other relevant factors as the central government may think fit in the circumstances of the case. 1. ins. by act 33 of , s. 2.

section 6. of the indian telegraph act : any railway company, on being required so to do by the central government, shall permit the government to establish and maintain a telegraph upon any part of the land of the company, and shall give every reasonable facility for working the same.

section 2.. of the indian telegraph act : repeal and savings. rep. by the repealing act, 1 of , s. 2 and the schedule.

section 3. of the indian telegraph act : in this act, unless there is something repugnant in the subject or context, 11 fund means the universal service obligation fund established undersubsection 1 of section 9a 1a universal service obligation means the 2obligation to provide access to telegraph services to people in the rural and remote areas at affordable and reasonable prices 341aa telegraph means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature by wire, visual or other electromagnetic emissions, radio waves or hertzian waves, galvanic, electric or magnetic means explanation.radio waves or hertzian waves means electromagnetic waves of frequencies lower than 3,000 gigacycles per second propagated in space without artificial guide: 2 telegraph officer means any person employed either permanently or temporarily in connection with a telegraph established, maintained or worked by 5the central government or by a person licensed under this act 3 message means any communication sent by telegraph, or given to a telegraph officer to be sent by telegraph or to be delivered 4 telegraph line means a wire or wires used for the purpose of a telegraph, with any casing, coating, tube or pipe enclosing the same, and any appliances and apparatus connected therewith for the purpose of fixing or insulating the same 5 post means a post, pole, standard, stay, strut or other aboveground contrivance for carrying, suspending or supporting a telegraph line 6 telegraph authority means the director general of 6posts and telegraphs, and includes any officer empowered by him to perform all or any of the functions of the telegraph authority under this act 7 local authority means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by 9the central or any state government with, the control or management of any municipal or local fund. 7 1. ins. by act 8 of , s. 2 w.e.f. . 2. subs. by act 57 of , s. 2, for obligation to provide access to basic telegraph services w.e.f. . 3. subs.by act 15 of , s. 2, for clause 1. 4. clause 1 renumbered as clause 1aa thereof by act 8 of , s. 2 w.e.f. . 5. subs. by the a.o. , for the govt.. 6 subs. by act 14 of , s. 2, for telegraphs 7. subs. by the a.o. , for the govt..

section 1. of the indian telegraph act : 1 this act may be called the indian telegraph act, . 12 it extends to whole of india2. 3 it shall come into force on the first day of october, . 1. subs. by act 45 of , s. 2, for subsection 2. 2. the words except the state of hyderabad rep. by act 3 of , s. 3 and the schedule. earlier these words were inserted by the a.o. .

section 4. of the indian telegraph act : show related subordinates 11 within 2india, the central government shall have the exclusive privilege of establishing, maintaining and working telegraphs: provided that the central government may grant a license, on such conditions and in consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of 2india: 3provided further that the central government may, by rules made under this act and published in the official gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working a of wireless telegraphs on ships within indian territorial waters 4and on aircraft within or above 2india, or indian territoral waters, and b of telegraphs other than wireless telegraphs within any part of 2india. 5explanation. the payments made for the grant of a licence under this subsection shall include such sum attributable to the universal service obligation as may be determined by the central government after considering the recommendation made in this behalf by the telecom regulatory authority of india established under subsection 1 of section 3 of the telecom regulatory authority of india act, 24 of . 12 the central government may, by notification in the official gazette, delegate to the telegraph authority all or any of its powers under the first proviso to subsection 1. the exercise by the telegraph authority of any power so delegated shall be subject to such restrictions and conditions as the central government may, by the notification, think fit to impose. 63 any person who is granted a license under the first proviso to subsection 1 to establish, maintain or work a telegraph within any part of india, shall identify any person to whom it provides its services by a authentication under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of or b offline verification under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of or c use of passport issued under section 4 of the passportsact, 15 of or d use of any other officially valid document or modes of identification as may be notified by the central government in thisbehalf. 4 if any person who is granted a license under the first proviso to subsection 1 to establish, maintain or work a telegraph within any part of india is using authentication under clause a of subsection 3 to identify any person to whom it provides its services, it shall make the other modes of identification under clauses b to d of subsection 3 also available to such person. 5 the use of modes of identification under subsection 3 shall be a voluntary choice of the person who is sought to be identified and no person shall be denied any service for not having an aadhaar number. 6 if, for identification of a person, authentication under clause a of subsection 3 is used, neither his core biometric information northeaadhaar number of the person shall be stored. 7 nothing contained in subsections 3, 4 and 5 shall prevent the central government from specifying further safeguards and conditions for compliance by any person who is granted a license under the first proviso to subsection 1 in respect of identification of person to whom it provides its services. explanation. the expressions aadhaar number and core biometric information shall have the same meanings as are respectively assigned to them in clauses a and j of section 2 of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of . 1. section 4 renumbered as subsection 1 by act 7 of , s. 4. 2. subs. by act 45 of , s. 3, for he provinces. 3. ins. by act 7 of , s. 4. 4. ins. by act 27 of , s. 2. 5. ins. by act 8 of , s. 3 w.e.f. . 6. ins. by act 14 of , s. 26 w.e.f. . rules yeardescriptionfiles the indian wireless telegraphy experimental service rules, the indian wireless telegraphy demonstration rules, the indian wireless telegraphs foreign ships rules, the indian wireless telegraphs amateur service rules, . the indian wireless telegraphs amateur service amendment rules, the indian wireless telegraph foreign ships amendment rules, the indian wireless telegraphy experimental service amendment rules, the radio, television and video cassette recorder sets exemption from licensing requirement, rules, the radio, television and video cassette recorder sets exemption from licensing requirements, amendment rules, the use of low power equipment in the frequency band 2.4 ghz to 2. ghz exemption from licensing requirement rules, the indian wireless telegraphs amateur service amendment rules, the use of low power equipment in the citizen band 26.957 27.283 mhz exemption from licensing requirement rules, the use of very low power equipment in the citizen band 26.957 27.283 mhz exemption from licensing requirements amendment rules, the use of low power equipment in the frequency band mhz for rfid radio frequency identification devices exemption from licensing requirement amendment rules, the indian wireless telegraphy experimental service amendment rules, the indian wireless telegraphy demonstration license amendment rules, the indian wireless telegraphs amateur service amendment rules, the use of very low power radio frequency devices for indoor applications in the 13.553 13.567 mhz frequency range exemption from licensing requirements rules, the use of very low power radio frequency devices or equipments including the radio frequency identification devices, exemption from licensing requirement rules, the use of very low power radio frequency devices or equipments for inductive applications exemption from licensing requirement amendment rules, . the use of very low power ultrawideband devices exemption from licensing requirement rules, the use of low power and very low power short range radio frequency devices exemption from licensing requirement rules, the use of wireless access system including radio local area network in 5 ghz band exemption from licensing requirement rules, flight and maritime connectivity rules,

section 11. of the indian telegraph act : the telegraph authority may, at any time, for the purpose of examining, repairing, altering or removing any telegraph line or post, enter on the property under, over, along, across, in or upon which the line or post has been placed. provisions applicable to property vested in or under the control or management of local authorities.

section 8. of the indian telegraph act : the central government may, at any time, revoke any license granted under section 4, on the breach of any of the conditions therein contained, or in default of payment of any consideration payable thereunder.

section 9. of the indian telegraph act : the 1government shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty with respect to the receipt, transmission or delivery of any message and no such officer shall be responsible for any such loss or damage, unless he causes the same negligently, maliciously or fraudulently. 1. subs. by the a.o. , for crown which had been subs. by the a.o. , for secretary of state for india in council.

section 10. of the indian telegraph act : show related subordinates the telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across, and posts in or upon, any immovable property: provided that a the telegraph authority shall not exorcise the powers conferred by this section except for the purposes of a telegraph establish ector maintained by the 1central government, or to be so established or maintained b the 1central government shall not acquire any right other than that of user only in the property under, over, along, across, in or upon which the telegraph authority places any telegraph line or post c except as hereinafter provided, the telegraph authority shall not exercise those powers in respect of any property vested in or under the control or management of any local authority, without the permission of that authority and d in the exercise of the powers conferred by this section, the telegraph authority shall do as little damage as possible, and, when it has exercised those powers in respect of any property other than that referred to in clause c, shall pay full compensation to all persons interested for any damage sustained by them by reason of the exercise of those powers. 1. subs. by the a.o. , for govt..

section 9a. of the indian telegraph act : 1 on and from the commencement of the indian telegraph amendment act, 8 of , there shall be established, for the purposes of this act, a fund to be called the universal service obligation fund 2 the fund shall be under the control of the central government and t here shall be credited thereto a any sums of money paid under section 9b b any grants and loans made by the central government under section 9c. 3 the balance to the credit of the fund shall not lapse at the end of the financial year. 1. ins. by act 8 of , s. 5 w.e.f. .

section 13. of the indian telegraph act : when, under the foregoing provisions of this act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property vested in or under the control or management of a local authority, and the local authority, having regard to circumstances which have arisen since the telegraph line or post was so placed, considers it expedient that it should be removed or that its position should be altered, the local authority may require the telegraph authority to remove it or alter its position, as the case may be.

section 9b. of the indian telegraph act : the sums of money received towards the universal service obligation under section 4 shall first be credited to the consolidated fund of india, and the central government may, if parliament by appropriation made by law in this behalf so provides, credit such proceeds to the fund from time to time for being utilised exclusively for meeting the universal service obligation.

section 9c. of the indian telegraph act : the central government may, after due appropriation made by parliament by law in this behalf, credit by way of grants and loans such sums of money as that government may consider necessary in the fund.

section 9d. of the indian telegraph act : 1 the central government shall have the power to administer the fund in such manner as may be prescribed by rules made under this act. 2 the fund shall be utilised exclusively for meeting the universal service obligation. 3 the central government shall be responsible for the coordination and ensuring timely utilisation and release of sums in accordance with the criteria as may be prescribed by rules made under this act.

section 12. of the indian telegraph act : show related subordinates any permission given by a local authority under section 10, clause c, may be given subject to such reasonable conditions as that authority thinks fit to impose, as to the payment of any expenses to which the authority will necessarily be put in consequence of the exercise of the powers conferred by that section, or as to the time or mode of execution of any work, or as to any other thing connected with or relative to any work undertaken by the telegraph authority under those powers.

section 16. of the indian telegraph act : 1 if the exercise of the powers mentioned in section 10 in respect of property referred to in clause d of that section is resisted or obstructed, the district magistrate may, in his discretion, order that the telegraph authority shall be permitted to exercise them. 2 if, after the making of an order under subsection 1, any person resists the exercise of those powers, or, having control over the property, does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the indian penal code 45 of . 3 if any dispute arises concerning the sufficiency of the compensation to be paid under section 10, clause d, it shall, on application for that purpose by either of the disputing parties to the district judge within whose jurisdiction the property is situate, be determined by him. 4 if any dispute arises as to the persons entitled to receive compensation, or as to the proportions in which the persons interested arc entitled to share in it, the telegraph authority may pay into the court of the district judge such amount as he deems sufficient or, where all the disputing parties have in writing admitted the amount tendered to be sufficient or the amount has been determined under subsection 3, that amount and the district judge, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. 5 every determination of a dispute by a district judge under subsection 3 or subsection 4 shall be final: provided that nothing in this subsection shall affect the right of any person to recover by suit the whole or any part of any compensation paid by the telegraph authority, from the person who has received the same.

section 14. of the indian telegraph act : the telegraph authority may, for the purpose of exercising the powers conferred upon it by this act in respect of any property vested in or under the control or management of a local authority, alter the position thereunder of any pipe not being a main for the supply of gas or water, or of any drain not being a main drain: provided that a when the telegraph authority desires to alter the position of any such pipe or drain it shall give reasonable notice of its intention to do so, specifying the time at which it will begin to do so, to the local authority, and, when the pipe or drain is not under the control of the local authority, to the person under whose control the pipe or drain is b a local authority or person receiving notice under clause a may send a person to superintend the work, and the telegraph authority shall execute the work to the reasonable satisfaction of the person so sent.

section 15. of the indian telegraph act : show related subordinates 1 if any dispute arises between the telegraph authority and a local authority in consequence of the local authority refusing the permission referred to in section 10, clause c, or prescribing any condition under section 12, or in consequence of the telegraph authority omitting to comply with a requisition made under section 13, or otherwise in respect of the exercise of the powers conferred by this act, it shall be determined by such officer as the 1central government may appoint either generally or specially in this behalf. 2 an appeal from the determination of the officer so appointed shall lie to the central government and the order of the 1central government shall be final. 1. subs. by the a.o. , for l.g.

section 17. of the indian telegraph act : 1 when, under the foregoing provisions of this act, a telegraph line or post has been placed by the telegraph authority under, over, along, across, in or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line or post accordingly: provided that, if compensation has been paid under section 10, clause d, he shall, when making the requisition, tender to the telegraph authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever may be the smaller sum. 2 if the telegraph authority omits to comply with the requisition, the person making it may apply to the district magistrate within whose jurisdiction the property is situate to order the removal or alteration. 3 a district magistrate receiving an application under subsection 2 may, in his discretion, reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level or for the alteration of its form and the order so made shall be final.

section 22. of the indian telegraph act : if a railway company, or an officer of a railway company, neglects or refuses to comply with the provisions of section 6, it or he shall be punished with fine which may extend to one thousand rupees for everyday during which the neglect or refusal continues.

section 18. of the indian telegraph act : 1 if any trees standing or lying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a magistrate of the first or second class may, on the application of the telegraph authority, cause the tree to be removed or dealt with in such other way as he deems fit. 2 when disposing of an application under subsection 1, the magistrate shall, in the case of any tree in existence before the telegraph line was placed, award to the persons interested in the tree such compensation as he thinks reasonable, and the award shall be final.

section 19. of the indian telegraph act : every telegraph line or post placed before the passing of this act under, over, along, across, in or upon any property, for the purposes of a telegraph established or maintained by the 1central government, shall be deemed to have been placed in exercise of the powers conferred by, and after observance of all the requirements of, this act. 1. subs. by the a.o. , for govt.

section 23. of the indian telegraph act : if any person a without permission of competent authority, enters the signalroom of a telegraph office of the government, or of a person licensed under this act, or b enters a fenced enclosure round such a telegraph office in contravention of any rule or notice not to do so, or c refuses to quit such room or enclosure on being requested to do so by any officer or servant employed therein, or d wilfully obstructs or impedes any such officer or servant in the performance of his duty, he shall be punished with fine which may extend to five hundred rupees.

section 19a. of the indian telegraph act : 119a. person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice.1 any person desiring to deal in the legal exercise of a right with any property in such a manner as is likely to cause damage to a telegraph line or post which has been duly placed in accordance with the provisions of this act, or to interrupt or interfere with telegraphic communication, shall give not less than one months notice in writing of the intended exercise of such right to the telegraph authority, or to any telegraph officer whom the telegraph authority may empower in this behalf. 2 if any such person without having complied with the provisions of subsection 1 deals with any property in such a manner as is likely to cause damage to any telegraph line or post, or to interrupt or interfere with telegraphic communication, a magistrate of the first or second class may, on the application of the telegraph authority, order such person to abstain from dealing with such property in such manner for a period not exceeding one month from the date of his order and forthwith to take such action with regard to such property as may be in the opinion of the magistrate necessary to remedy or prevent such damage, interruption or interference during such period. 3 a person dealing with any property in the manner referred to in subsection 1 with the bona fide intention of averting imminent danger of personal injury to himself or any other human being shall be deemed to have complied with the provisions of the said subsection if he gives such notice of the intended exercise of the right as is in the circumstances possible, or where no such previous notice can be given without incurring the imminent danger referred to above, if he forthwith gives notice of the actual exercise of such right to the authority or officer specified in the said subsection. 1. ins. by act 7 of , s. 5.

section 20. 20a. of the indian telegraph act : 120. establishing, maintaining or working unauthorised telegraph.1 if any person establishes, maintains or works a telegraph within2india in contravention of the provisions of section 4 or otherwise tlian as permitted by rules made under that section, he shall be punished, if the telegraph is a wireless telegraph, with imprisonment which may extend to three years, or with fine, or with both, and, in any other case, with a fine which may extend to one thousand rupees. 2 notwithstanding anything contained in the code of criminal procedure, 5 of , offences under this section in respect of a wireless telegraph shall, for the purposes of the said code, be bailable and noncognizable. 3 when any person is convicted of an offence punishable under this section, the court before which he is convicted may direct that the telegraph in respect of which the offence has been committed, or any part of such telegraph, be forfeited to government. 1. subs. by act 7 of , s. 6, for section 20. 2. subs. by act 45 of , s. 3, for the provinces.

section 19b. of the indian telegraph act : 219a. person exercising legal right likely to damage telegraph or interfere with telegraphic communication to give notice.the central government may, by notification in the official gazette, confer upon any licensee under section 4, in respect of the extent of his license and subject to any conditions and restrictions which the 1central government may think fit to impose and to the provisions of this part, all or airy of the powers which the telegraph authority possesses under this part with regard to a telegraph established or maintained by the government or to be so established or maintained: provided that the notice prescribed in section 19a shall always be given to the telegraph authority or officer empowered to receive notice under section 19a 1. 1. subs. by the a.o. , for govt. 2. ins. by act 7 of , s. 5.

section 21. of the indian telegraph act : if any person, knowing or having, reason to believe that a telegraph has been established or is maintained or worked, in contravention of this act, transmits or receives any message by such telegraph, or performs any service incidental thereto, or delivers any message for transmission by such telegraph or accepts delivery of any message sent thereby, he shall be punished with fine which may extend to fifty rupees.

section 26. of the indian telegraph act : if any telegraph officer, or any person, not being a telegraph officer but having official duties connected with any office which is used as a telegraph office, a wilfully secretes makes away with or alters any message which he has received for transmission or delivery, or b wilfully, and otherwise than in obedience to an order of the central government or of a state government, or of an officer specially authorized 1by the central or a state government to make the order, omits to transmit, or intercepts or detains, any message or any part thereof, or otherwise than in pursuance of his official duty or in obedience to the direction of a competent court, discloses the contents or any part of the contents of any me ssage, to any person not entitled to receive the same, or c divulges the purport of any telegraphic signal to any person not entitled to become acquainted with the same, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. 1. s u b s . b y t h e a . o . , fo r b y t h e g . o . i n c .

section 24. of the indian telegraph act : if any person does any of the acts mentioned in section 23 with the intention of unlawfully learning the contents of any message, or of committing any offence punishable under this act, he may in addition to the fine with which he is punishable under section 23 be punished with imprisonment for a term which may extend to one year.

section 25. of the indian telegraph act : show related subordinates if any person intending a to prevent or obstruct the transmission or delivery of any message, or b to intercept or to acquaint himself with the contents of any message , or c to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph line, post or other thing whatever, being part of or used in or about any telegraph or in the working thereof, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

section 25a. of the indian telegraph act : 125a. injury to or interference with a telegraph line or post.if, in any case not provided for by section 25, any person deals with any property and thereby wilfully or negligently damages any telegraph line or post duly placed on such property in accordance with the provisions of this act, he shall be liable to pay the telegraph authority such expenses if any as may be incurred in making good such damage, and shall also, if the telegraphic communication is by reason of the damage so caused interrupted, be punishable with a fine which may extend to one thousand rupees: provided that the provisions of this section shall not apply where such damage or interruption is caused by a person dealing with any property in the legal exercise of a right if he has complied with the provisions of section 19a 1. 1. ins. b y act 7 o f , s. 8.

section 30. of the indian telegraph act : if any person fraudulently retains, or wilfully secretes, makes away with or detains a message which ought to have been delivered to some other person, or, being required by a telegraph officer to deliver up any such message, neglects or refuses to do so, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

section 27. of the indian telegraph act : if any telegraph officer transmits by telegraph any message on which the charge prescribed by the 1central government, or by a person licensed under this act, as the case may be, has not been paid, intending thereby to defraud the 1central government or that person, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. 1. subs. by the a.o. , for govt.

section 31. of the indian telegraph act : a telegraph officer shall be deemed a public servant within the meaning of sections 161, 162, 163, 164 and 165 of the indian penal code 45 of and in the definition of legal remuneration contained in the said section 161, the word government shall, for the purposes of this act, be deemed to include a person licensed under this act.

section 28. of the indian telegraph act : if any telegraph officer, or any person not being a telegraph officer but having official duties connected with any office which is used as a telegraph office, is guilty of any act of drunkenness, carelessness or other misconduct whereby the correct transmission or the delivery of any message is impeded or delayed, or if any telegraph officer loiters or delays in the transmission or delivery of any message, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

section 29.. of the indian telegraph act : sending fabricated message. rep. by the indian telegraph amendment act, 33 of , s. 4.

section 34. of the indian telegraph act : 134. application of act to presidencytowns.1 this act, in its application to the presidencytowns, shall be read as if for the words district magistrate in section 16, subsection 1, and section 17, subsections 2 and 3, for the words magistrate of the first or second class in section 18, subsection 1, 2and section 19a, subsection 2 and for the word magistrate in section 18, subsection 2, there had been enacted the words commissioner of police, and for the words district judge in section 16, subsections 3, 4 and 5, the words chief judge of the court of small causes. 3 3 the fee in respect of an application to the chief judge of a presidency court of small causes under subsection 3. of section 16 shall be the same as would be payable under the court fees act, 7 of , in respect of such an application to a district judge beyond the limits of a presidencytown, and fees for summonses and other processes in proceedings before the chief judge under subsection 3 or subsection 4 of that section shall be payable according to the scale set forth in the fourth schedule to the presidency small cause courts act, 15 of . 1. ins. by act 11 of , s. 1. 2. ins. by act 7 of , s. 10. 3. subsection 2 omitted by the a.o.

section 29a. of the indian telegraph act : 129a. penaltyif any person, without due authority, a makes or issues any document of a nature reasonably calculated to cause it to be believed that the document has been issued by, or under the authority of, the directorgeneral of 2posts and telegraphs, or b makes on any document any mark in imitation of, or similar to, or purporting to be, any stamp or mark of any telegraph office under the directorgeneral of1posts and telegraphs, or a mark of a nature reasonably calculated to cause it to be believed that the document so marked has been issued by, or under the authority of, the directorgeneral of 1posts and telegraphs, he shall be punished with fine which may extend to fifty rupees. 1. ins. by act 7 of , s. 9. 2. subs. by act 14 of , s. 2, for telegraphs.

section 35.. of the indian telegraph act : 135reference to certain laws of part b states. rep. by the part b states laws act, 3 of , s. 3 and the schedule. 1. subs. by the a.o. , for section 35. which had been inserted by act 45 of , s. 3.

section 32. of the indian telegraph act : whoever attempts to commit any offence punishable under this act shall be punished with the punishment herein provided for the offence.

section 33. of the indian telegraph act : 1 whenever it appears to the state government that any act causing or likely to cause wrongful damage to any telegraph is repeatedly and maliciously committed in any place, and that the employment of an additional police force in that place is thereby rendered necessary, the state government may send such additional policeforce as it thinks fit to the place, and employ the same therein so long as, in the opinion of that government, the necessity of doing so continues. 2 the inhabitants of the place shall be charged with the cost of the additional policeforce, and the district magistrate shall, subject to the orders of the state government, assess the proportion in which the cost shall be paid by the inhabitants according to his judgment of their respective means. 3 all moneys payable under subsection 2 shall be recoverable either under the warrant of a magistrate by distress and sale of the moveable property of the defaulter within the local limits of his jurisdiction, or by suit in any competent court. 4 the state government may, by order in writing, define the limits of any place for the purposes of this section.

section 3., conclusive evidence of the shipment as against master, etc . of the indian bills of lading act : every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as, against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board: provided that the master or other person so signing may exonerate himself in respect of such misrepresentation, by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims.

section 2. of the indian bills of lading act : nothing herein contained shall prejudice or affect any right of stoppage in transit,1 or any right to claim freight against the original shipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement. 1. as to stoppage in transit, see the indian contract act, 9 of , ss. .

section 1. of the indian bills of lading act : every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.

section 6.. of the passport entry into india act : 1application of act to part b states.omitted by the part b states laws act, 3 of , , s. 3 and schedule. 14. ins. by s. 5, ibid.

section 1. of the passport entry into india act : show related subordinates 1 this act may be called 1 the passport entry into india act, . 2 it shall extend to 2the whole of india, 3. 1. subs. by act 15 of , s. 25, for the indian passport act, . 2. subs. by act 36 of , s. 3, for all the provinces of india. 3. the words excluding the state of hyderabad subs. by the a. o. , omitted by act 3 of , s. 3 and the schedule.

section 5. of the passport entry into india act : the 1 central government may, by general or special order, direct the removal of any person from 2 india who, in contravention of any rule made under section 3 prohibiting entry into 2 india without passport, has entered therein, and thereupon any officer of the government shall have all reasonable powers necessary to enforce such direction. 1. subs. by the a.o. , for l.g. 2. subs. by act 36 of , s. 4, for the provinces.

section 2. of the passport entry into india act : in this act, unless there is anything repugnant in the subject or context, entry means entry by water, land or air passport means a passport for the time being in force issued or renewed by the prescribed authority and satisfying the conditions prescribed relating to the class of passports to which it belongs and prescribed means prescribed by rules made under this act.

section 4. of the passport entry into india act : show related subordinates 1 any officer of police, not below the rank of a subinspector, and any officer of the customs department empowered by a general or special order of the 1 central government in this this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3. 2 every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or to the officer in charge of the nearest policestation and the provisions of 2 section 57 of the code of criminal procedure, 2 of ,, shall so far as may be, apply in the case of any such arrest. 1. subs. by the a.o. , for l.g. 2. subs. by act 47 of , s. 4, for section 61 of the code of criminal procedure, 5 of w.e.f. .

section 3a. of the passport entry into india act : 13a.punishment for subsequent offences.whoever having been convicted of an offence under any rule or order made under this act is again convicted of an offence under this act shall be punishable with double the penalty provided for the later offence. 1. ins. by act 47 of , s. 3 w.e.f. .

section 3. of the passport entry into india act : show related subordinates 1 the central government may make rules1 requiring that persons entering 2india shall be in possession of passports, and for all matters ancillary or incidental to that purpose. 2 without prejudice to the generality of the foregoing power such rules may a prohibit the entry into 2india or any part thereof of any person who has not in his possession a passport issued to him b prescribe the authorities by whom passports must have been issued or renewed, and the conditions with which they must comply, for the purposes of this act and c provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules. 3 rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be 3punishable with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both. 4 all rules made under this section shall be published in the official gazette, and shall thereupon have effect as if enacted in this act. 45 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. for passport entry into india rules, , see gazette of india, , pt. ii, sec. 3, p. 91. 2. subs. by act 36 of , s. 4, for provinces. 3. subs. by act 47 of , s. 2, for punishable with imprisonment for a term which may extend to three months, or with fine, or with both w.e.f. . 4. ins. by act 4 of , s. 2 and the schedule w.e.f. . rules yeardescriptionfiles the passport entry into india rules passport entry into india amendment rules, passport entry into india amendment rules,

section 6. of the muslim personal law shariat application act : 1the undermentioned provisions of the acts and regulations mentioned below shall be repealed in so far as they are inconsistent with the provisions of this act, namely: 1 section 26 of the bombay regulation iv of 2 section 16 of the madras civil courts act, 3 of 2 4 section 3 of the oudh laws act, 18 of 5 section 5 of the punjab laws act, 4 of 6 section 5 of the central provinces laws act, 20 of and 7 section 4 of the ajmere laws regulation, 3 of . 1. subs. by act 16 of , s. 3, for provisions w.e.f. . 2. entry 3 omitted by s. 3, ibid. w.e.f. .

section 1. of the muslim personal law shariat application act : 1 this act may be called the muslim personal law shariat application act, . 2 it extends to the whole of india 1 2. 3 4 1. subs. by act 48 of , s. 3 and the first schedule for except the territories which, immediately before the 1st november, , were comprised in part b states w.e.f. . 2. the words excluding the northwest frontier province omitted by the indian independence adaptation of central acts and ordinances order, . 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 4. in its application to pondicherry. in section 1, after subsection 2, the following shall be inserted provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. vide act 26 of . the act has been extended to dadra and nagar haveli by reg. 6 of , s. 2 and sch. i and to the whole of the union territory of lakshadweep by reg. 8 of , s. 3 and sch.

section 3. of the muslim personal law shariat application act : 1 any person who satisfies the prescribed authority a that he is a muslim, and b that he is competent to contract within the meaning of section 11 of the indian contract act, 9 of , and c that he is a resident of 1the territories to which this act extends, may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of 2the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated therein adoption, wills and legacies were also specified. 2 where the prescribed authority refuses to accept a declaration under subsection 1, the person desiring to make the same may appeal to such office as the state government may, by general or special order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make the declaration, order the prescribed authority to accept the same. 1. subs. by the adaptation of laws no. 3 order, , for a part a state or a part c state. 2. subs. by act 16 of , s. 2, for this act w.e.f. .

section 5. of the muslim personal law shariat application act : dissolution of marriage by court in certain circumstances. rep. by the dissolution of muslim marriages act, 8 of , s. 6 w.e.f. .

section 4. of the muslim personal law shariat application act : 1 the state government may make rules to carry into effect the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a for prescribing the authority before whom and the form in which declaration under this act shall be made b for prescribing the fees to be paid for the filing of declarations and for the attendance at private residences of any person in the discharge of his duties under this act and for prescribing the times at which such fees shall be payable and the manner in which they shall be levied. 3 rules made under the provisions of this section shall be published, in the official gazette and shall thereupon have effect as if enacted in this act. 14 every rule made by the state government under this act shall be laid, as soon as it is made, before the state legislature. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 2. of the muslim personal law shariat application act : notwithstanding any custom or usage to the contrary, in all questions save questions relating to agricultural land regarding intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of personal law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs other than charities and charitable institutions and charitable and religious endowments the rule of decision in cases where the parties are muslims shall be the muslim personal law shariat. state amendments kerala. substitution of a new section for section 2, central act 26 of .for section 2 of the said act, the following section shall be substituted, namely: 2. application of personal law to muslims.notwithstanding any custom or usage to the contrary, in all questions regarding intestate succession, special property of females including personal property inherited or obtained under contract or gift or any other provision of personal laws, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs other than charities and charitable institutions and charitable and religious endowments, the rules of decision in cases where the parties are muslims, shall be the muslim personal law shariat. vide kerala act 42 of , s. 3.

section 8. of the manoeuvres field firing and artillery practice act : in this chapter a field firing includes air armament practice b notified area means an area defined in a notification issued under subsection i1 of section 9.

section 1. of the manoeuvres field firing and artillery practice act : 1 this act may be called the manoeuvres, field firing and artillery practice act, . 2 it extends to the whole of india 1. 1. the words except part b states omitted by act 3 of , s. 3 and the schedule w.e.f. .

section 7. of the manoeuvres field firing and artillery practice act : if, within the area and during the period specified in a notification under subsection 1 of section 2, any person a wilfully obstructs or interferes with the execution of the manoeuvres, or b without due authority enters or remains in any camp, or c without due authority interferes with any flag or mark or any apparatus used for the purposes of the manoeuvres, he shall be punishable with fine which may extend to ten rupees.

section 3. of the manoeuvres field firing and artillery practice act : 1 where a notification under subsection 1 of section 2 has been issued, such persons as are included in the military forces engaged in the manoeuvres may, within the specified limits and during the specified periods, a pass over, or encamp, construct military works of a temporary character, or execute military manoeuvres on, the area specified in the notification, and b supply themselves with water from any source of water in such area:. provided that nothing herein contained shall authorise the taking of water from any source of supply, whether belonging to a private owner or a public authority, of an amount in excess of the reasonable requirements of the military forces or of such amount as to curtail the supply ordinarily required by those entitled to the use of such water supply. 2 the provisions of subsection 1 shall not authorise entry on or interference with any well or tank held sacred by any religious community or any place of worship or ground attached thereto except for the legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop or store or any premises used for the carrying on of any trade, business or manufacture or any garden or pleasure ground, or any ancient monument as defined in section 2 of the ancient monuments preservation act, l904 7 of .

section 4. of the manoeuvres field firing and artillery practice act : the officer in command of the military forces engaged in the manoeuvres shall cause all lands used under the powers conferred by this chapter to be restored, as soon and as far as practicable, to their previous condition.

section 9. of the manoeuvres field firing and artillery practice act : 1 the state government may, by notification in the local official gazette, define any area as an area within which for a specified term of years the carrying out periodically of field firing and artillery practice may be authorised. 2 the state government may, by notification in the local official gazette, authorise the carrying out of field firing and artillery practice throughout a notified area or any specified part thereof during any period or periods specified in the notification. 3 before any notification under subsection 2 is issued, the state government shall publish notice of its intention to issue such notification as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of two months from the date of the first publication of the notice in the local official gazette. 4 the notice required by subsection 3 shall be given by publication in the local official gazette and shall also be given throughout the notified area by publication in some newspaper circulating in and in the language commonly understood in that area and by beat of drum and by affixation in all prominent places of copies of the said notice in the language of the locality and in such other manner as may be prescribed by rules made under section 13 and shall be repeated by like publication one week as nearly as may be before the commencement of the period or of each period specified in the notification: provided that the fact of the said beat of drum and affixation shall be verified in writing by one headman and two other literate inhabitants of the locality and provided further that such notice by the beat of drum shall be given seven and two days as nearly as may be before the commencement of such field firing and artillery practice.

section 2. of the manoeuvres field firing and artillery practice act : 1 the state government may, by notification in the local official gazette, authorise the execution of military manoeuvres over any area specified in the notification during a specified period not exceeding three months: provided that the same area or any part thereof shall not ordinarily be so specified more than once in any period of three years. 2 the state government shall publish notice of its intention to issue a notification under subsection 1 as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of three months from the date of the first publication of such notice in the local official gazette. 3 the notice required by subsection 2 shall be given by publication in the local official gazette and shall also be given throughout the area which it is proposed to specify in the notification by publication in the manner prescribed by rules made under section 13, and shall be repeated by like publication one month and one week as nearly as may be before the commencement of the manoeuvres.

section 11. of the manoeuvres field firing and artillery practice act : the provisions of sections 5 and 6 shall apply in the case of field firing and artillery practice as they apply in the case of military manoeuvres: provided that the compensation payable under this section shall include compensation for exclusion or removal from any place declared to be a danger zone of persons or domestic animals, such compensation to be disbursed at not less than the minimum rates prescribed by rules made under section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss of employment or deterioration of crops resulting from any such exclusion or removal.

section 5. of the manoeuvres field firing and artillery practice act : where a notification issued under section 2 authorises the execution of military manoeuvres compensation shall be payable from the defence estimates for any damage to person or property or interference with rights or privileges arising from such manoeuvres including expenses reasonably incurred in protecting person, property, rights and privileges.

section 13. of the manoeuvres field firing and artillery practice act : 1 1 the state government may, by notification in the local official gazette, make rules a prescribing the manner in which the notices required by subsection 2 of section 2 and subsection 3 of section 9 shall be published in the areas concerned b regulating the use under this act of land for manoeuvres or field firing and artillery practice in such manner as to secure the public against danger and to enable the manoeuvre, or practice, to be carried out without interference and with the minimum inconvenience to the inhabitants of the areas affected c regulating the procedure of the revenue officers and commissions referred to in section 6 in such manner as to secure due publicity regarding the method of making claims for compensation and preferring appeals from original awards of compensation, the expeditious settlement of claims and of appeals and the payment of compensation so far as possible direct to the claimants and d defining the principles to be followed by the revenue officers and commissions referred to in section 6 in assessing the amount of compensation to be awarded. 22 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. section 13 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 12. of the manoeuvres field firing and artillery practice act : if, during any period specified in a notification issued under subsection 2 of section 9, any person within a notified area a wilfully obstructs or interferes with the carrying out of field firing or artillery practice, or b without due authority enters or remains in any camp, or c without due authority enters or remains in any area declared to be a danger zone at a time when entry thereto is prohibited, or d without due authority interferes with any flag or mark or target or any apparatus used for the purposes of the practice, he shall be punishable with fine which may extend to ten rupees.

section 10. of the manoeuvres field firing and artillery practice act : 1 where a notification under subsection2 of section 9 has been issued, such persons as are included in the forces engaged in field firing or artillery practice may, within the notified area or specified part thereof during the specified period or periods, a carry out field firing and artillery practice with lethal missiles, and b exercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3 on forces engaged in military manoeuvres: provided that the provisions of subsection 2 of section 3 shall not debar entry into, or interference with, any place specified in that subsection, if it is situated in an area declared to be a danger zone under subsection 2 of this section, to the extent that may be necessary to ensure the exclusion from it of persons and domestic animals: provided further that in the case of a dwelling house occupied by women adequate warning shall be given through a local inhabitant and entry shall be effected after such warning in the presence of two respectable inhabitants of the locality. 2 the officer commanding the forces engaged in any such practice may, within the notified area or specified part thereof, declare any area to be a danger zone, and thereupon the collector shall, on application made to him by the officer commanding the forces engaged in the practice, prohibit the entry into and secure the removal from such danger zone of all persons and domestic animals during the times when the discharge of lethal missiles is taking place or there is danger to life or health.

section 6. of the manoeuvres field firing and artillery practice act : 1 the collector of the district in which any area utilised for the purpose of manoeuvres is situated shall depute one or more revenue officers to accompany the forces engaged in the manoeuvres for the purpose of determining the amount of any compensation payable under section 5. 2 the revenue officer shall consider all claims for compensation under section 5 and determine, on local investigation and where possible after hearing the claimant, the amount of compensation, if any, which shall be awarded in each case and shall disburse on the spot to the claimant the compensation so determined as payable. 3 any claimant, dissatisfied with a refusal of the revenue officer to award him compensation or with the amount of compensation awarded to him by the revenue officer, may, at any time within fifteen days from the communication to him of the decision of the revenue officer, give notice to the revenue officer of his intention to appeal against the decision. 4 where any such notice has been given, the collector of the district shall constitute a commission consisting of himself as chairman, a person nominated by the officer commanding the forces engaged in the manoeuvres and two persons nominated by the district board, and the commission shall decide all appeals of which notice has been given. 5 the commission may exercise its powers notwithstanding the absence of any member of the commission, and the chairman of the commission shall have a casting vote in the case of an equal division of opinion. 6 the decision of the commission shall be final and no suit shall lie in any civil court in respect of any matter decided by the commission. 7 no fee shall be charged in connection with any claim, notice, appeal, application or document filed before the revenue officer, collector or the commission under this section.

section 7. of the punjab disturbed areas act : 1 the punjab disturbed areas ordinance, 5 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the punjab disturbed areas act : 1 this act may be called the punjab disturbed areas act, . 2 it extends to the whole of the state of punjab. 3 it shall be deemed to have come into force on the 7th day of october, .

section 6. of the punjab disturbed areas act : no suit, prosecution or other legal proceedings shall be instituted except with the previous sanction of the1 central government against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5. 1 subs. by president act 2 of , s. 2, for state government w.e.f. .

section 2. of the punjab disturbed areas act : in this act, disturbed area means an area which is for the time being declared by notification under section 3 to be a disturbed area.

section 4. of the punjab disturbed areas act : any magistrate or police officer not below the rank of subinspector or havildar in case of the armed branch of the police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, fire upon, or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances.

section 5. of the punjab disturbed areas act : any magistrate or police officer not below the rank of a subinspector may, if he is of the opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks arc made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilized as a hideout by armed gangs or absconders wanted for any offence.

section 3. of the punjab disturbed areas act : the state government may, by notification in the official gazette, declare that the whole or any part of any district of punjab as may be specified in the notification, is a disturbed area.

section 8.. of the cardamom act : committees of the board. rep. by s. 42, ibid. w.e.f. .

section 1. of the cardamom act : 1 this act may be called the cardamom act, . 2 it extends to the whole of india: provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the control of export of cardamom from india and import thereof into india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act. 1. 5th april, , vide notification no. g.s.r. 543, dated the 5th april, , see gazette of india, extraordinary, part ii, sec. 3i except chapter iii. 11th april, , vide notification no. g.s.r. 380, dated 5th march, , see gazette of india, extraordinary, part ii, sec. 3i in respect of ss. 14 and 15. 12th july, , vide notification no. s.o. e, dated 12th july, , see gazette of india, extraordinary, part ii, sec. 3ii in respect of chapter iii. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the cardamom act : it is hereby declared that it is expedient in the public interest that the union should take under its control the cardamom industry.

section 7.. of the cardamom act : executive officers of the board and other staff. rep. by s. 42, ibid. w.e.f. .

section 4.. of the cardamom act : establishment and constitution of the board. rep. by s. 42, ibid. w.e.f. .

section 3.. of the cardamom act : definitions. rep. by the repealing and amending act 10 of , s. 42 w.e.f. .

section 10.. of the cardamom act : dissolution of the board. rep. by s. 42, ibid. w.e.f. .

section 5.. of the cardamom act : acts or proceedings of board or its committees not to be in validated. rep. by s. 42, ibid. w.e.f. .

section 9.. of the cardamom act : functions of the board. rep. by s. 42, ibid. w.e.f. .

section 6.. of the cardamom act : salary and allowances of chairman. rep. by s. 42, ibid. w.e.f. .

section 11.. of the cardamom act : registration of owners of cardamom estates. rep. by s. 42, ibid. w.e.f. .

section 12.. of the cardamom act : power of state government to make rules. rep. by s. 42, ibid. w.e.f. .

section 13.. of the cardamom act : returns to be made by registered owners. rep. by s. 42, ibid. w.e.f. .

section 19.. of the cardamom act : accounts and audit. rep. by s. 42, ibid. w.e.f. .

section 14.. of the cardamom act : imposition of a cess on cardamom exported. rep. by the repealing and amending act 10 of , s. 42 w.e.f. .

section 15.. of the cardamom act : payment of proceeds of cess to the board. rep. by s. 42, ibid. w.e.f.

section 16.. of the cardamom act : grants and loans by the central government. rep. by s. 42, ibid. w.e.f. .

section 21.. of the cardamom act : power to prohibit or control imports and exports of cardamom. rep. by s. 42, ibid. w.e.f. 262 .

section 17.. of the cardamom act : constitution of the fund. rep. by s. 42, ibid. w.e.f. .

section 18.. of the cardamom act : borrowing powers of the board. rep. by s. 42, ibid. w.e.f. .

section 20.. of the cardamom act : power to control price and distribution of cardamom. rep. by s. 42, ibid. w.e.f. .

section 22.. of the cardamom act : directions by government. rep. by s. 42, ibid. w.e.f. .

section 23.. of the cardamom act : penalty for making false returns. rep. by s. 42, ibid. w.e.f. .

section 29.. of the cardamom act : previous sanction of central government. rep. by s. 42, ibid. w.e.f. .

section 24.. of the cardamom act : penalty for obstructing an officer or member of the board in the discharge of his duties and for failure to produce books and records. rep. by s. 42, ibid. w.e.f. .

section 30.. of the cardamom act : protection of action taken in good faith. rep. by s. 42, ibid. w.e.f. .

section 25.. of the cardamom act : penalty for contravention of order relating to control of price, etc. rep. by s. 42, ibid. w.e.f. .

section 26.. of the cardamom act : other penalties. rep. by s. 42, ibid. w.e.f. .

section 27.. of the cardamom act : offences by companies. rep. by s. 42, ibid. w.e.f. .

section 28.. of the cardamom act : jurisdiction of court. rep. by s. 42, ibid. w.e.f. .

section 33.. of the cardamom act : power of central government to make rules. rep. by s. 42, ibid. w.e.f. .

section 31.. of the cardamom act : power to delegate. rep. by s. 42, ibid. w.e.f. .

section 32.. of the cardamom act : suspension of operation of act. rep. by s. 42, ibid. w.e.f. .

section 8. of the states reorganisation act : 1 as from the appointed day, there shall be formed a new 1 state to be known as the state of bombay comprising the following territories, namely: a the territories of the existing state of bombay, excluding i bijapur, dharwar and kanara districts and belgaum district except chandgad taluka, and ii abu road taluka of banaskantha district b aurangabad, parbhani, bhir and osmanabad districts, ahmadpur, nilanga and udgir taluks of bidar district, nanded district except bichkonda and jukkal circles of deglur taluk and mudhol, bhiansa and kuber circles of mudhol taluk and islapur circle of boath taluk, kinwat taluk and rajura taluk of adilabad district, in the existing state of hyderabad c buldana, akola, amravati, yeotmal, wardha, nagpur, bhandara and chanda districts in the existing state of madhya pradesh d the territories of the existing state of saurashtra and e the territories of the existing state of kutch and thereupon the said territories shall cease to form part of the existing states of bombay, hyderabad, madhya pradesh, saurashtra and kutch, respectively. 2 the said chandgad taluka shall be included in, and become part of, kolhapur district, the said ahmadpur, nilanga and udgir taluks shall be included in, and become part of, osmanabad district, the said islapur circle of boath taluk, kinwat taluk and rajura taluk shall be included in, and become part of, nanded district and the territories comprised in the existing state of kutch shall form a separate district to be known as kutch district, in the new state of bombay. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 7. of the states reorganisation act : 1 as from the appointed day, there shall be formed a new 1 state to be known as the state of mysore comprising the following territories, namely: a the territories of the existing state of mysore b belgaum district except chandgad taluka and bijapur, dharwar and kanara districts, in the existing state of bombay c gulbarga district except kodangal and tandur taluks, raichur district except alampur and gadwal taluks, and bidar district except ahmadpur, nilanga and udgir taluks and the portions specified in clause d of subsection 1 of section 3, in the existing state of hyderabad d south kanara district except kasaragod taluk and amindivi islands, and kollegal taluk of coimbatore district, in the state of madras and e the territories of the existing state of coorg and thereupon the said territories shall cease to form part of the said existing states of mysore, bombay, hyderabad, madras and coorg, respectively. 2 the territory comprised in the existing state of coorg shall form a separate district to be known as coorg district, and the said kollegal taluk shall be included in, and become part of, mysore district, in the new state of mysore. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 1. of the states reorganisation act : this act may be called the states reorganisation act, .

section 3. of the states reorganisation act : 1 as from the appointed day, there shall be added to the state of andhra the territories comprised in a the districts of hyderabad, medak, nizamabad, karimnagar, warangal, khammam, nalgonda and mahbubnagar b alampur and gadwal taluks of raichur district and kodangal taluk of gulbarga district c tandur taluk of gulbarga district d zahirabad taluk except nirna circle, nyalkal circle of bidar taluk and narayankhed taluk of bidar district e bichkonda and jukkal circles of deglur taluk of nanded district and f mudhol, bhiansa and kuber circles of mudhol taluk of nanded district and g adilabad district except islapur circle of boath taluk, kinwat taluk and rajura taluk and thereupon the said territories shall cease to form part of the existing state of hyderabad and the state of andhra shall be known as the state of andhra pradesh. 2 the territories referred to in clauses b, c, d, e and f of subsection 1 shall be included in, and become part of, mahbubnagar, hyderabad, medak, nizamabad and adilabad districts, respectively, in the state of andhra pradesh.

section 9. of the states reorganisation act : 1 as from the appointed day, there shall be formed a new 1 state to be known as the state of madhya pradesh comprising the following territories, namely: a the territories of the existing state of madhya pradesh, except the districts mentioned in clause c of subsection 1 of section 8 b the territories of the existing state of madhya bharat, except sunel tappa of bhanpura tahsil of mandsaur district c sironj subdivision of kotah district in the existing state of rajasthan d the territories of the existing state of bhopal and e the territories of the existing state of vindhya pradesh and thereupon the said territories shall cease to form part of the existing states of madhya pradesh, madhya bharat, rajasthan, bhopal and vindhya pradesh, respectively. 2 the said sironj subdivision shall be included in, and become part of, bhilsa district in the new state of madhya pradesh. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 2. of the states reorganisation act : in this act, unless the context otherwise requires, a appointed day means the 1st day of november, b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d corresponding new state means, in relation to the existing state of bombay, madhya pradesh, mysore, punjab or rajasthan, the new state with the same name, and in relation to the existing state of travancorecochin, the new state of kerala e corresponding state means, in relation to the new state of bombay, madhya pradesh, mysore, punjab or rajasthan, the existing state with the same name, and in relation to the new state of kerala, the existing state of travancorecochin f election commission means the election commission appointed by the president under article 324 g existing state means a state specified in the first schedule to the constitution at the commencement of this act h law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the territory of india i new state means a 1 state formed by the provisions of part ii j notified order means an order published in the official gazette k population ratio, in relation to the successor states of an existing state, means such ratio as the central government may by notified order specify to be the ratio in which the population of that existing state as ascertained at the last census is distributed territorially among the several successor states by virtue of the provisions of part ii l prescribed means prescribed by rules made under this act m principal successor state means i in relation to the existing state of bombay, madhya pradesh, madras or rajasthan, the state with the same name and ii in relation to the existing states of hyderabad, madhya bharat and travancorecochin, the states of andhra pradesh, madhya pradesh and kerala, respectively n sitting member in relation to either house of parliament or of the legislature of a state means a person who, immediately before the appointed day, is a member of that house o successor state, in relation to an existing state, means any state to which the whole or any part of the territories of that existing state is transferred by the provisions of part ii, and includes in relation to the existing state of madras, also that state as territorially altered by the said provisions and the union p transferred territory means any territory transferred from an existing state to another existing state or to a new state by the provisions of part ii q treasury includes a subtreasury and r any reference to a district, taluk, tahsil or other territorial division of a state shall be construed as a reference to the area comprised within that territorial division on the 1st day of july, . 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 5. of the states reorganisation act : 1 as from the appointed day, there shall be formed a new 1 state to be known as the state of kerala comprising the following territories, namely: a the territories of the existing state of travancore cochin, excluding the territories transferred to the state of madras by section 4 and b the territories comprised in i malabar district, excluding the islands of laccadive and minicoy, and ii kasaragod taluk of south kanara district and thereupon the said territories shall cease to form part of the states of travancorecochin and madras, respectively. 2 the territories specified in clause b of subsection 1 shall form a separate district to be known as malabar district in the state of kerala. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 11. of the states reorganisation act : as from the appointed day, there shall be formed a new 1 state to be known as the state of punjab comprising the following territories, namely: a the territories of the existing state of punjab and b the territories of the existing state of patiala and east punjab states union and thereupon the said territories shall cease to form part of the said existing states of punjab and patiala and east punjab states union, respectively. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 4. of the states reorganisation act : as from the appointed day, there shall be added to the state of madras the territories comprised in the agastheeswaram, thovala, kalkulam and vilavancode taluks of trivandrum district and the shencottah taluk of quilon district and thereupon a the said territories shall cease to form part of the existing state of travancorecochin b the territories comprised in the agastheeswaram, thovala, kalkulam and vilavancode taluks shall form a separate district to be known as kanya kumari district in the state of madras and c the territories comprised in the shencottah taluk shall be included in, and become part of, tirunelveli district in the state of madras.

section 14. of the states reorganisation act : definitions.rep. by the adaptation of laws no. 1 order, .

section 6. of the states reorganisation act : as from the appointed day, there shall be formed a 1union territory to be known as the laccadive, minicoy and amindivi islands comprising the laccadive and minicoy islands in the malabar district and the amindivi islands in the south kanara district and thereupon the said islands shall cease to form part of the existing state of madras. 1. subs., ibid., for new part c state.

section 10. of the states reorganisation act : 1 as from the appointed day, there shall be formed a new 1 state to be known as the state of rajasthan comprising the following territories, namely: a the territories of the existing state of rajasthan, except sironj subdivision of kotah district b the territories of the existing state of ajmer c abu road taluka of banaskantha district in the existing state of bombay and d sunel tappa of bhanpura tahsil of mandsaur district in the existing state of madhya bharat and thereupon the said territories shall cease to form part of the said states of rajasthan, ajmer, bombay and madhya bharat, respectively. 2 the territories comprised in the existing state of ajmer shall form a separate district to be known as ajmer district, and the territories referred to in clauses c and d of subsection 1 shall be included in, and become part of, sirohi and jhalawar districts, respectively, in the new state of rajasthan. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, .

section 12. of the states reorganisation act : as from the appointed day, in the first schedule to the constitution, for part a, part b and part c, the following parts shall be substituted, namely: part a name territories 1. andhra pradesh . . . the territories specified in subsection 1 of section 3 of the andhra state act, , and the territories specified in subsection 1 of section 3 of the states reorganisation act, . 2. assam . . . . . . the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in the schedule to the assam alteration of boundaries act, . 3. bihar . . . . . . the territories which immediately before the commencement of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province. 4. bombay . . . . . the territories specified in subsection 1 of section 8 of the states reorganisation act, . 5. kerala . . . . . the territories specified in subsection 1 of section 5 of the states reorganisation act, . 6. madhya pradesh. . . the territories specified in subsection 1 of section 9 of the states reorganisation act, . 7. madras . . . . . the territories which immediately before the commencement of this constitution were either comprised in the province of madras or were being administered as if they formed part of that province and the territories specified in section 4 of the states reorganisation act, , but excluding the territories specified in subsection 1 of section 3 and subsection 1 of section 4 of the andhra state act, , and the territories specified in clause b of sub section 1 of section 5, section 6 and clause d of subsection 1 of section 7 of the states reorganisation act, . 8. mysore . . . . . the territories specified in subsection 1 of section 7 of the states reoganisation act, . 9. orissa . . . . . the territories which immediately before the commencement of this constitution were either comprised in the province of orissa or were being administered as if they formed part of that province. name territories 10. punjab . . . . . the territories specified in section 11 of the states reorganisation act, . 11. rajasthan . . . . the territories specified in section 10 of the states reorganisation act, . 12. uttar pradesh . . . the territories which immediately before the commencement of this constitution were either comprised in the province known as the united provinces or were being administered as if they formed part of that province. 13. west bengal . . . . the territories which immediately before the commencement of this constitution were either comprised in the province of west bengal or were being administered as if they formed part of that province and the territory of chandernagore as defined in clause c of section 2 of the chandernagore merger act, . part b name territory 1. jammu and kashmir . . the territory which immediately before the commencement of this constitution was comprised in the indian state of jammu and kashmir. part c name territory 1. delhi . . . . . . the territory which immediately before the commencement of this constitution was comprised in the chief commissioners province of delhi. 2. himachal pradesh . . the territories which immediately before the commencement of the himachal pradesh and bilaspur new state act, , were comprised in the states of himachal pradesh and bilaspur. 3. manipur . . . . . the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioners province under the name of manipur. 4. tripura . . . . . the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioners province under the name of tripura. 5. the laccadive minicoy and amindivi islands. the territory specified in section 6 of the states reorganisation act, .

section 17. of the states reorganisation act : 1 each zonal council shall meet at such time as the chairman of the council may appoint in this behalf and shall, subject to the other provisions of this section, observe such rules of procedure in regard to transaction of business at its meetings as it may, with the approval of the central government, lay down from time to time. 2 the zonal council for each zone shall, unless otherwise determined by it, meet in the states included in that zone by rotation. 3 the chairman or in his absence the vicechairman or in the absence of both the chairman and the vicechairman, any other member chosen by the members present from amongst themselves shall preside at a meeting of the council. 4 all questions at a meeting of a zonal council shall be decided by a majority of votes of the members present and in the case of an equality of votes the chairman or, in his absence any other person presiding shall have a second or casting vote. 5 the proceedings of every meeting of a zonal council shall be forwarded to the central government and also to each state government concerned.

section 13. of the states reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of a state government to alter after the appointed day the name, extent and boundaries of any district or division in the state.

section 19. of the states reorganisation act : 1 each zonal council shall have a secretarial staff consisting of a secretary, a joint secretary and such other officers as the chairman may consider necessary to appoint. 2 the chief secretaries of the states represented in such council shall each be the secretary of the council by rotation and hold office for a period of one year at a time. 3 the joint secretary of the council shall be chosen from amongst officers not in the service of any of the states represented in the council and shall be appointed by the chairman.

section 15. of the states reorganisation act : as from the appointed day, there shall be a zonal council for each of the following five zones, namely: a the northern zone, comprising the states of 1haryana, 2punjab, himachal pradesh, rajasthan and jammu and kashmir and the 3union territories of delhi, 4and chandigarh b the central zone, comprising the states of uttar pradesh and madhya pradesh 5c the eastern zone, comprising the states of bihar, west bengal 6orissa and sikkim 7d the western zone, comprising the states of goa, gujarat and maharashtra and the union territories of dadra and nagar haveli and daman and diu and e the southern zone, comprising the states of andhra pradesh, 8 9tamil nadu, 10karnataka and kerala 11and the union territory of pondicherry. 1. subs. by act 31 of , s. 86, for punjab w.e.f. . 2. subs. by act 53 of , s. 47, for punjab w.e.f. . 3. subs. by the adaptation of laws no. 1 order, , for part c states. 4. subs. by act 53 of , s. 47, for himachal pradesh and chandigarh w.e.f. . 5. subs. by act 81 of , s. 74, for clause c w.e.f. . 6. subs. by notification no. s.o. 778e, dated , gazette of india, pt. ii, sec. 3ii. 7. subs. by act 18 of , s. 64, for clause d w.e.f. . 8. subs. by act 11 of , s. 86, for madras and kerala w.e.f. . 9. subs. by the madras state alteration of name adaptation of laws on union subjects order, , for madras w.e.f. . 10. subs. by the mysore state alteration of name adaptation of laws on union subjects order, , for mysore w.e.f. . 11. ins. by act 20 of , s. 57 and second schedule w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 21. of the states reorganisation act : 1 each zonal council shall be an advisory body and may discuss any matter in which some or all of the states represented in that council, or the union and one or more of the states represented in that council, have a common interest and advise the central government and the government of each state concerned as to the action to be taken on any such matter. 2 in particular, and without prejudice to the generality of the provisions of subsection 1, a zonal council may discuss, and make recommendations with regard to, a any matter of common interest in the field of economic and social planning b any matter concerning border disputes, linguistic minorities or interstate transport and c any matter connected with, or arising out of, the reorganisation of the states under this act.

section 16. of the states reorganisation act : 1 the zonal council for each zone shall consist of the following members, namely: a a union minister to be nominated by the president b the chief minister of each of the states included in the zone and two other ministers of each such state to be nominated by the sadaririyasat, in the case of jammu and kashmir, and by the governor, in any other case, and if there is no council of ministers in any such state, three members from that state to be nominated by the president c where any 1union territory is included in the zone, not more than two members from each 2such territory to be nominated by the president 3 2 the union minister nominated under clause a of subsection 1 to a zonal council shall be its chairman. 3 the chief ministers of the states included in each zone shall act as vicechairman of the zonal council for that zone by rotation, each holding office for a period of one year at a time: provided that if during that period there is no council of ministers in the state concerned, such member from that state as the president may nominate in this behalf shall act as vicechairman of the zonal council. 4 the zonal council for each zone shall have the following persons as advisers to assist the council in the performance of its duties, namely: a one person nominated by the planning commission b the chief secretary to the government of each of the states included in the zone and c the development commissioner or any other officer nominated by the government of each of the states included in the zone. 5 every adviser to a zonal council shall have the right to take part in the discussions of the council or of any committee thereof of which he may be named a member but shall not have a right to vote at a meeting of the council or of any such committee. 1. subs. by the adaptation of laws no. 1 order, , for part c states 2. subs. by the adaptation of laws no. 1 order, , for such state. 3. omitted by act 81 of , s. 74 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 18. of the states reorganisation act : 1 a zonal council may from time to time by resolution passed at a meeting appoint committees of its members and advisers for performing such functions as may be specified in the resolution and may associate with any such committee, such ministers either for the union or for the states and such officers serving either in connection with the affairs of the union or of the states as may be nominated in that behalf by the council. 2 a person associated with a committee of a zonal council under subsection 1 shall have the right to take part in the discussions of the committee, but shall not have a right to vote at a meeting thereof. 3 a committee appointed under subsection 1 shall observe such rules of procedure in regard to transaction of business at its meetings as the zonal council may, with the approval of the central government, lay down from time to time.

section 20. of the states reorganisation act : 1 the office of the zonal council for each zone shall be located at such place within the zone as may be determined by the council. 2 the administrative expenses of the said office, including the salaries and allowances payable to or in respect of members of the secretarial staff of the council other than the secretary, shall be borne by the central government out of monies provided by parliament for the purpose.

section 24. of the states reorganisation act : 1 the twelve sitting members representing the state of andhra and such six of the eleven sitting members representing the state of hyderabad as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the eighteen seats allotted to the state of andhra pradesh. 2 such five of the six sitting members representing the state of travancorecochin and such three of the eighteen sitting members representing the state of madras as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eight of the nine seats allotted to the state of kerala. 3 the eleven sitting members representing the states of bhopal, madhya bharat and vindhya pradesh and such five of the twelve sitting members representing the state of madhya pradesh as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the sixteen seats allotted to the new state of madhya pradesh. 4 such one of the six sitting members representing the state of travancorecochin as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill one of the seats allotted to the state of madras. 5 the six sitting members representing the state of mysore, and such four of the seventeen sitting members representing the state of bombay, and such two of the eleven sitting members representing the state of hyderabad, as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill the twelve seats allotted to the new state of mysore. 6 the eleven sitting members representing the existing states of punjab and patiala and east punjab states union shall, as from the appointed day, be deemed to have been duly elected to fill the eleven seats allotted to the new state of punjab. 7 the nine sitting members representing the state of rajasthan and the sitting members representing the states of ajmer and coorg shall, as from the appointed day, be deemed to have been duly elected to fill the ten seats allotted to the new state of rajasthan: provided that if the number of sitting members representing the state of rajasthan is less than nine, such one of the sitting members representing the existing state of bombay as the chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill one of the seats allotted to the new state of rajasthan. 8 the five sitting members representing the state of saurashtra and kutch and the sitting members representing the existing states of bombay, hyderabad and madhya pradesh who have not been allocated under subsections 1, 3, 5 and 7 to andhra pradesh, madhya pradesh, mysore or rajasthan shall, as from the appointed day, be deemed to have been duly elected to fill the twentyseven seats allotted to the new state of bombay. 9 in this section, chairman means the chairman of the council of states.

section 22. of the states reorganisation act : 1 where it is represented to the zonal council for any zone that a matter in which a state included in that zone and one or more states included in any other zone or zones have a common interest should be discussed at a joint meeting, it shall be lawful for the zonal councils concerned a to meet at such time and place as the chairman thereof may, in consultation with each other, appoint in this behalf and b to discuss the said matter at such joint meeting and make recommendations to the governments concerned as to the action to be taken on that matter. 2 the central government may make rules for regulating the procedure at joint meetings of the zonal councils.

section 23. of the states reorganisation act : as from the appointed day, in the fourth schedule to the constitution, for the table of seats, the following table shall be substituted, namely: table of seats 1. andhra pradesh 18 2. assam 6 3. bihar 21 4. bombay 27 5. kerala 9 6. madhya pradesh 16 7. madras 17 8. mysore 12 9. orissa 9 10. punjab 11 11. rajasthan 10 12. uttar pradesh 31 13. west bengal 14 14. jammu and kashmir 4 15. delhi 1 16. himachal pradesh 1 17. manipur 18. tripura 1 208.

section 26. of the states reorganisation act : in order that, as nearly as may be, onethird of the members may retire on the 2nd day of april, , and on the expiration of every second year thereafter, the president shall, after consultation with the election commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 25 and such modifications as he thinks fit in the terms of office of any of the sitting members.

section 25. of the states reorganisation act : as soon as may be after the appointed day, byelections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the states of kerala and madras.

section 27. of the states reorganisation act : nothing in part ii shall be deemed to affect the constitution or duration of the existing house of the people or the extent of the constituency of any sitting member of that house.

section 28. of the states reorganisation act : 1 where by virtue of the provisions of part ii the whole area of any assembly constituency in an existing state is transferred to any other existing state or becomes part of a new state other than kerala, a that area shall, as from the appointed day, be deemed to form a constituency provided by law for the purpose of elections to the legislative assembly of such other existing state or of such new state, as the case may be and b the sitting member representing that constituency shall, as from the appointed day, be deemed to have been elected to the said legislative assembly by that constituency and shall cease to be a member of the legislative assembly of which he was a member immediately before that day. 2 the sitting members representing the assembly constituencies in the state of madras falling wholly or partly within the territories of that state which, on the appointed day, become part of the new state of kerala shall, as from that day, cease to be members of the legislative assembly of madras. 3 the provisions of the first schedule shall apply in relation to the sitting members representing the assembly constituencies specified therein, parts of which are by virtue of the provisions of part ii transferred from an existing state to another existing state or to a new state. 4 the members of the electoral college for kutch constituted under section 27a of the representation of the people act, 43 of shall, as soon as may be after the commencement of this act, elect eight persons from among themselves in accordance with the system of proportional representation by means of the single transferable vote and in such manner as may be prescribed and the persons so elected shall, as from the appointed day, be deemed to have been elected to the legislative assembly of bombay by a constituency comprising the whole of kutch district. 5 the office of member of the council of advisers constituted for the state of kutch under section 42 of the government of part c states act, 49 of , is hereby declared to be an office of profit under the government of india which shall not disqualify its holder for being elected under subsection 4 or for becoming a member of the legislative assembly of bombay as provided in that sub section. 6 the sitting members nominated under article 333 to represent the angloindian community in the legislative assemblies of madhya pradesh and mysore shall, as from the appointed day, cease to be members of those assemblies and shall be deemed to have been nominated under the said article by the respective governors to the legislative assemblies of the corresponding new states.

section 34. of the states reorganisation act : 1 as from such date as the president may by order appoint, there shall be a legislative council for the new state of bombay. 2 1until otherwise provided by law, the said council shall consist of a all the sitting members of the legislative council of the existing state of bombay, except those representing the belgaum local authorities, bijapur local authorities and dharwar local authorities constitutencies and b 25 members to represent the territories specified in clauses b, c, d and e of subsection 1 of section 8 who shall be chosen in such manner as may be prescribed. 2 1. subs. by s. 5, ibid., for until the said council has been reconstituted in accordance with the provisions of subsections 4 and 5 of this section and summoned to meet for the first time w.e.f. . 2. omitted by s. 5, ibid. w.e.f. .

section 35. of the states reorganisation act : 1 in the legislative council of madras, as from the appointed day, there shall be 150 seats of which a the numbers to be filled by persons elected by the electorates referred to in subclauses a, b and c of clause 3 of article 171 shall be 2 16, 6 and 4 respectively b the number to be filled by persons elected by the members of the legislative assembly in accordance with the provisions of subclause d of the said clause shall be 16 and c the number to be filled by persons nominated by the governor in accordance with the provisions of subclause e of that clause shall be 8. 2 as from the appointed day, the delimitation of council constituencies madras order, shall have effect subject to the modifications directed by the second schedule, and in the said order, a any reference to the state of madras shall be construed as including the territory added to that state by section 4 and as excluding the territory which ceases to be part of that state by virtue of section 5, section 6 or section 7 b any reference to tirunelveli district shall be construed as including the territory added to that district by section 4 and c any reference to coimbatore district shall be construed as excluding kollegal taluk. 3 the two sitting members of the said council representing the west coast local authorities constituency 3, and such two of the eighteen sitting members elected by the members of the legislative assembly, as the chairman of the said council shall by order specify, shall, on the appointed day, cease to be members of the said council. 4 if, immediately before the appointed day, the total number of sitting members nominated by the governor is nine, such one of them as the governor shall by order specify shall, on the appointed day, cease to be a member of the said council. 5 save as provided by subsection 3, every sitting member of the said council representing a council constituency the extent of which is altered by virtue of subsection 2 shall, as from the appointed day, be deemed to have been elected to the said council by that constitutency as so altered. 6 as soon as may be after the appointed day, byelections shall be held in all the local authorities constituencies to fill the vacancies existing on that day in the said council. 7 in order that, as nearly as may be, onethird of the members of the said council may retire on the 20th april, , and on the expiration of every second year thereafter, the governor shall after consultation with the election commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under subsection 6 and such modifications as he thinks fit in the terms of office of any of the sitting members. 1. subs. by act 67 of , s. 2, for 48 w.e.f. . 2. subs. by s. 2, ibid., for 16, 4 and 4 w.e.f. . 3. the words and brackets and such two of the six sitting members representing the madras graduates constituency omitted by s. 2, ibid. w.e.f. .

section 29. of the states reorganisation act : when a general election is next held in the state of andhra pradesh for electing members to the house of the people, elections shall also be held to fill the seats allotted to the assembly constituencies into which the transferred territory in that state is divided in the order referred to in subsection 2 of section 47, as if those seats had become vacant and as from the date appointed under the representation of the people act, 43 of as the date before which the said elections shall be completed, all the persons who, having been sitting members of the legislative assembly of hyderabad, become on the appointed day members of the legislative assembly of andhra pradesh under subsection 1 or subsection 3 of section 28 of this act shall cease to be such members.

section 30. of the states reorganisation act : the period of five years referred to in clause 1 of article 172 shall, in the case of the legislative assembly of each new state except kerala, as constituted by the provisions of section 28, be deemed to have commenced on the date on which it actually commenced in the case of the legislative assembly of the corresponding state.

section 31. of the states reorganisation act : 1 as from the appointed day and until the first meeting of the legislative assembly of a new state other than kerala, the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of the corresponding state shall, if they are members of the legislative assembly of the new state, be the speaker and deputy speaker, respectively, of that assembly. 2 as soon as may be after the appointed day, the legislative assembly of the state of andhra pradesh shall choose two members of the assembly to be respectively speaker and deputy speaker thereof and until they are so chosen, the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of the existing state of andhra shall be the speaker and deputy speaker, respectively, of the legislative assembly of the state of andhra pradesh.

section 32. of the states reorganisation act : until rules are made under clause 1 of article 208 by the legislative assembly of a new state, the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative assembly of the corresponding state shall have effect in relation to the legislative assembly of the new state subject to such modifications and adaptations as may be made therein by the speaker.

section 36. of the states reorganisation act : 1 as from the appointed day there shall be a legislative council for the new state of mysore. 2 1until otherwise provided by law, the said council shall consist of a all the sitting members of the legislative council of the existing state of mysore, and b 12 members to represent the territories specified in clauses b, c, d and e of subsection 1 of section 7 who shall be chosen in such manner as may be prescribed. 2 1. subs. by act 37 of , s. 8, for until the said council has been reconstituted in accordance with the provisions of subsections 3 and 4 of this section and summoned to meet for the first time w.e.f. . 2. omitted by s. 8, ibid. w.e.f. .

section 33. of the states reorganisation act : 1 as from such date as the president may by order appoint, there shall be a legislative council for the new state of madhya pradesh. 2 in the said council there shall be 190 seats of which a the numbers to be filled by persons elected by the electorates referred to in subclauses a, b and c of clause 3 of article 171 shall be 231, 8 and 8 respectively b the number to be filled by persons elected by the members of the legislative assembly in accordance with the provisions of subclause d of the said clause shall be 331 and c the number to be filled by persons nominated by the governor in accordance with the provisions of subclause e of that clause shall be 12. 3 as soon as may be after the commencement of 4the legislative councils act, 37 of , , the president, after consultation with the election commission, shall by order determine a the constituencies into which the said new state shall be divided for the purpose of elections to the council under each of the subclauses a, b and c of clause 3 of article 171 b the extent of each constituency and c the number of seats allotted to each constituency. 4 as soon as may be after 5such commencement, steps shall be taken to constitute the said council in accordance with the provisions of this section and the provisions of the representation of the people act, 43 of and the representation of the people act, 43 of . 6 1. subs. by act 37 of , s. 6, for 72 w.e.f. . 2. subs. by s. 6, ibid., for 24, 6 and 6 w.e.f. . 3. subs. by s. 6, ibid., for 24 w.e.f. . 4. subs. by s. 6, ibid., for this act w.e.f. . 5. subs. by act 37 of , s. 6, for the appointed day w.e.f.. 6. proviso omitted by s. 6, ibid. w.e.f. .

section 37. of the states reorganisation act : 1 as from the appointed day there shall be a legislative council for the new state of punjab. 2 1until otherwise provided by law the said council shall consist of a all the sitting members of the legislative council of the existing state of punjab and b six persons to be elected in such manner as may be prescribed by the members of the legislative assembly of the existing state of patiala and east punjab states union from amongst persons who are not members of that assembly. 2 1. subs. by s. 9, ibid., for certain words w.e.f. . 2. omitted by s. 9, ibid. w.e.f. .

section 44. of the states reorganisation act : it shall be the duty of the commission a to determine on the basis of the population figures notified under section 42 the number of seats, if any, to be reserved for the scheduled castes and scheduled tribes of each of the states mentioned in that section in the house of the people and in the legislative assembly of the state, having regard to the relevant provisions of the constitution and of this act b to determine the parliamentary and assembly constituencies into which each new state shall be divided, the extent of, and the number of seats to be allotted to each such constituency, and the number of seats, if any, to be reserved for the scheduled castes and the scheduled tribes of the state in each such constituency and c to revise or cancel any of the orders of the former commission made under section 8 of the former act so as to provide, having regard to the provisions of the constitution and of this act, for a proper delimitation of all parliamentary and assembly constituencies.

section 38. of the states reorganisation act : as from the appointed day until the first meeting of the legislative council of the new state of bombay, mysore or punjab, as the case may be, the persons who immediately before the appointed day are the chairman and deputy chairman of the legislative council of the corresponding state shall be the chairman and deputy chairman, respectively, of that council.

section 40. of the states reorganisation act : the number of seats in the house of the people allotted to each of the states and the number of seats assigned to the legislative assembly of each part a state and of each part b state other than jammu and kashmir by order of the delimitation commission under the delimitation commission act, 81 of hereinafter in this part referred to as the former commission and the former act, respectively shall be modified as shown in the third schedule.

section 41. of the states reorganisation act : as soon as may be after the commencement of this act, the president shall by order make such modifications in the constitution scheduled castes order, , the constitution scheduled castes part c states order, , the constitution scheduled tribes order, and the constitution scheduled tribes part c states order, , as he thinks fit having regard to the territorial changes and formation of new states under the provisions of part ii.

section 39. of the states reorganisation act : until rules are made under clause 1 of article 208 by the legislative council of the new state of bombay, mysore or punjab, the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative council of the corresponding state shall have effect in relation to the legislative council of the new state subject to such modifications and adaptations as may be made therein by the chairman.

section 42. of the states reorganisation act : 1 after the said orders have been so modified, the population as at the last census of the scheduled castes and of the scheduled tribes in the territory which, as from the appointed day, will be comprised in each of the states of andhra pradesh, bombay, kerala, madhya pradesh, madras, mysore, punjab and rajasthan, shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified by that authority in the gazette of india. 2 the population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.

section 43. of the states reorganisation act : 1 as soon as may be after the commencement of this act, the central government shall constitute a commission to be called the delimitation commission which shall consist of three members as follows: a two members each of whom shall be a person who is, or has been, a judge of the supreme court or of a high court, to be appointed by the central government and b the chief election commissioner, ex officio. 2 the central government shall nominate one of the members appointed under clause a of subsection 1 to be the chairman of the commission.

section 52. of the states reorganisation act : the high court for a new state shall have, in respect of any part of the territories included in that new state, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of that part of the said territories by any high court or judicial commissioners court for an existing state.

section 46. of the states reorganisation act : if, owing to death or resignation, the office of the chairman or of a member or of an associate member falls vacant, it shall be filled as soon as may be practicable by the central government in accordance with the provisions of section 43 or, as the case may be, of section 45.

section 45. of the states reorganisation act : 1 for the purpose of assisting the commission in the performance of its functions under clause b of section 44, the commission shall associate with itself in respect of each new state such five persons as the central government shall by order specify, being persons who are members either of the house of the people or of the legislative assembly of an existing state: provided that such persons shall be chosen, so far as practicable, from among those members who were associated with the former commission in delimiting constituencies in any part of the territories of the new state. 2 none of the associate members shall have a right to vote or to sign any decision of the commission.

section 47. of the states reorganisation act : 1 the provisions of section 7 of the former act shall apply in relation to the commission as it applied in relation to the former commission and in determining the matters referred to in clauses b and c of section 44, the commission shall have regard to the provisions contained in clauses a to e of subsection 2 of section 8 of the former act. 2 after determining all the matters referred to in section 44, the commission shall prepare an order, to be known as the delimitation of parliamentary and assembly constituencies order, and send authenticated copies thereof to the central government and to each of the state governments and thereupon, that order shall supersede all the orders made by the former commission and have the full force of law and shall not be called in question in any court. 3 as soon as may be after the said order is received by the central government or a state government, it shall be laid before the house of the people or, as the case may be, the legislative assembly of the state. 4 subject to the provisions of subsection 5, the readjustment of the representation of the several constituencies in the house of the people or in the legislative assembly of a state and the delimitation of those constituencies provided for in the said order shall apply in relation to every election to the house of the people or to the legislative assembly of a state, as the case may be, held after the appointed day, and shall so apply in supersession of the provisions contained in any other law. 5 nothing in this section shall affect the representation in the house of the people or in the legislative assembly of a state until the dissolution of the house or the assembly, as the case may be, existing or brought into existence on the appointed day. 6 at any time within six months of the date of the said order, any printing mistake found therein and any other error arising therein from an accidental slip or omission may be corrected by the chief election commissioner by order published in the gazette of india.

section 48. of the states reorganisation act : where any election is held during the year commencing on the appointed day to fill a seat or seats in the council of states allotted to a new or reorganised state or a seat or seats in the legislative assembly or legislative council, if any, of such state, any person who is for the time being an elector for a parliamentary constituency or assembly constituency in any of the connected states, shall, for the purpose of subsection 1 of section 3, clause c of section 5 or subsection 1 of section 6, as the case may be, of the representation of the people act, 43 of , be deemed to be an elector for a parliamentary constituency or assembly constituency, as the case may be, of that new or reorganised state. explanation.in this section new or reorganised state means any of the states specified in the first column of the following table, and connected states, in relation to a new or reorganised state, means the states specified against that new or reorganised state in the second column: new or reorganised state connected states 1. andhra pradesh . . bombay and mysore 2. bombay . . . . andhra pradesh, madhya pradesh, and mysore 3. kerala . . . . madras 4. madhya pradesh . . bombay 5. madras . . . . kerala and mysore 6. mysore . . . . andhra pradesh, bombay, and madras.

section 49. of the states reorganisation act : 1 the high courts exercising immediately before the appointed day jurisdiction in relation to the existing states of bombay, madhya pradesh, and punjab shall, as from the appointed day, be deemed to be the high courts for the new states of bombay, madhya pradesh and punjab, respectively. 2 as from the appointed day, there shall be established a high court for each of the new states of kerala, mysore and rajasthan.

section 51. of the states reorganisation act : 1 the principal seat of the high court for a new state shall be at such place as the president may, by notified order, appoint. 2 the president may, after consultation with the governor of a new state and the chief justice of the high court for that state, by notified order, provide for the establishment of a permanent bench or benches of that high court at one or more places within the state other than the principal seat of the high court and for any matters connected therewith. 3 notwithstanding anything contained in subsection 1 or subsection 2, the judges and division courts of the high court for a new state may also sit at such other place or places in that state as the chief justice may, with the approval of the governor, appoint.

section 50. of the states reorganisation act : 1 as from the appointed day, the high courts of all the existing part b states, except jammu and kashmir, and the courts of the judicial commissioners for ajmer, bhopal, kutch and vindhya pradesh shall cease to function and are hereby abolished. 2 nothing in subsection 1 shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by any of the courts abolished by that subsection under the powers then conferred upon that court. 3 every such judge of a high court abolished by subsection 1 as the president after consultation with the chief justice of india may, by order made before the appointed day, specify shall, as from that day, become a judge, or if so specified the chief justice, of such high court as the president may in that order specify.

section 56. of the states reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court for the corresponding state shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court for a new state.

section 53. of the states reorganisation act : 1 the high court for a new state shall have the like powers to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to advocates and attorneys as are, under the law in force immediately before the appointed day, exercisable by the high court for the corresponding state. 2 the right of audience in the high court for a new state shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court for the corresponding state: provided that, subject to any rule made or direction given by the high court for a new state in exercise of the power conferred by this section, any person who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act in any such high court or judicial commissioners court as may be specified in this behalf by the chief justice of the high court for the new state, shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may be, in the high court for the new state.

section 54. of the states reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court for the corresponding state shall, with the necessary modifications, apply in relation to the high court for a new state, and accordingly, the high court for the new state shall have all such powers to make rules and orders with respect to practice and procedure as are, immediately before the appointed day exercisable by the high court for the corresponding state: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court for the corresponding state shall, until varied or revoked by rules or orders made by the high court for a new state, apply with the necessary modifications in relation to practice and procedure in the high court for the new state as if made by that court.

section 59. of the states reorganisation act : 1 except as hereinafter provided, the high court at nagpur which on the appointed day becomes the high court for the new state of madhya pradesh and is referred to in this act as the high court of madhya pradesh shall, as from that day, have no jurisdiction in respect of the territory transferred from the existing state of madhya pradesh to the new state of bombay. 2 such proceedings pending in the high court at nagpur or the high court of hyderabad immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court for the new state of bombay referred to in this act as the high court of bombay shall, as soon as may be after such certification, be transferred to the high court of bombay. 3 all proceedings pending in the high court of saurashtra or in the court of the judicial commissioner for kutch immediately before the appointed day shall stand transferred to the high court of bombay. 4 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court of madhya pradesh shall have, and the high court of bombay shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any orders passed by the high court at nagpur before the appointed day: provided that if after any such proceedings have been entertained by the high court of madhya pradesh it appears to the chief justice of that high court that they ought to be transferred to the high court of bombay, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 5 any order made before the appointed day by any court referred to in subsection 2 or subsection 3 in any proceedings transferred to the high court of bombay by virtue of subsection 2 or subsection 3 shall for all purposes have effect, not only as an order of that court, but also as an order of the high court of bombay and any order made by the high court of madhya pradesh in any proceedings with respect to which that court retains jurisdiction by virtue of subsection to 4 shall for all purposes have effect, not only as an order of that high court, but also as an order of the high court of bombay.

section 55. of the states reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court for the corresponding state shall, with the necessary modifications, apply with respect to the custody of the seal of the high court for a new state.

section 61. of the states reorganisation act : 1 such proceedings pending in the high court of the existing state of rajasthan immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of madhya pradesh shall, as soon as may be after such certification, be transferred to the high court of madhya pradesh. 2 all proceedings pending in the high court of madhya bharat or in the court of the judicial commissioner for bhopal or in the court of the judicial commissioner for vindhya pradesh, immediately before the appointed day, shall stand transferred to the high court of madhya pradesh. 3 any order made before the appointed day by any court referred to in subsection 1 or subsection 2 shall for all purposes have effect not only as an order of that court but also as an order of the high court of madhya pradesh.

section 57. of the states reorganisation act : the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court for the corresponding state and with respect to matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court for a new state.

section 58. of the states reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court for the corresponding state and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court for a new state.

section 63. of the states reorganisation act : 1 all proceedings pending in the high court of patiala and east punjab states union immediately before the appointed day shall stand transferred to the high court for the new state of punjab referred to in this act as the high court of punjab. 2 any order made before the appointed day by the high court of patiala and east punjab states union shall for all purposes have effect, not only as an order of that court, but also as an order made by the high court of punjab.

section 64. of the states reorganisation act : 1 as from the appointed day, the high court of bombay shall have no jurisdiction in respect of the territory transferred from the existing state of bombay, to the new state of rajasthan. 2 such proceedings pending in the high court at bombay or the high court of madhya bharat immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court for the new state of rajasthan referred to in this act as the high court of rajasthan shall, as soon as may be after such certification, be transferred to the high court of rajasthan. 3 all proceedings pending in the high court of the existing state of rajasthan immediately before the appointed day other than those certified under subsection 1 of section 61 and all proceedings pending in the court of the judicial commissioner for ajmer immediately before the appointed day shall stand transferred to the high court of rajasthan. 4 any order made before the appointed day by any court referred to in subsection 2 or subsection 3 in any proceedings transferred to the high court of rajasthan by virtue of subsection 2 or subsection 3 shall, for all purposes, have effect not only as an order of that court, but also as an order of the high court of rajasthan.

section 60. of the states reorganisation act : 1 as from the appointed day the jurisdiction of the high court for the state of kerala referred to in this act as the high court of kerala shall extend to the 1union territory of the laccadive, minicoy and amindivi islands. 2 except as hereinafter provided, the high court at madras shall, as from the appointed day, have no jurisdiction in respect of the said 1union territory or in respect of any territory transferred from the state of madras to the state of kerala. 3 such proceedings pending in the high court at madras immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of kerala shall, as soon as may be after such certification, be transferred to the high court of kerala. 4 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court at madras shall have, and the high court of kerala shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court at madras before the appointed day: provided that if after any such proceedings have been entertained by the high court at madras it appears to the chief justice of that high court that they ought to be transferred to the high court of kerala, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 5 any order made by the high court at madras a before the appointed day in any proceedings transferred to the high court of kerala by virtue of subsection 3 or b in any proceedings with respect to which the high court at madras retains jurisdiction by virtue of subsection 4, shall for all purposes have effect, not only as an order of the high court at madras, but also as an order made by the high court of kerala. 6 all proceedings pending in the high court of travancorecochin immediately before the appointed day other than those certified by the chief justice of that high court under subsection 2 of section 66 shall stand transferred to the high court of kerala, and any order made before the appointed day by the first mentioned high court in any such proceedings shall for all purposes have effect, not only as an order of that high court, but also as an order of the high court of kerala. 1. subs. by the adaptation of laws no. 1 order, , for part c state.

section 62. of the states reorganisation act : 1 except as hereinafter provided, neither the high court of bombay nor the high court at madras shall, as from the appointed day, have jurisdiction in respect of any territory transferred from the existing state of bombay or the state of madras, as the case may be, to the new state of mysore. 2 such proceedings pending in the high court of hyderabad or the high court at bombay or madras, immediately before the appointed day, as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court for the new state of mysore referred to in this act as the high court of mysore shall, as soon as may be after such certification, be transferred to the high court of mysore. 3 notwithstanding anything contained in subsections 1 and 2 but save as hereinafter provided, the high court of bombay or, as the case may be, the high court at madras shall have, and the high court of mysore shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court at bombay or madras before the appointed day: provided that if after any such proceedings have been entertained by the high court of bombay or at madras it appears to the chief justice of that high court that they ought to be transferred to the high court of mysore, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of hyderabad before the appointed day in any proceedings transferred to the high court of mysore by virtue of subsection 2 shall, for all purposes, have effect not only as an order of the high court of hyderabad, but also as an order made by the high court of mysore. 5 any order made by the high court at bombay or madras a before the appointed day in any proceedings transferred to the high court of mysore by virtue of subsection 2, or b the said high court shall be known as the high court of bombay or at madras retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court of bombay or at madras, but also as an order of the high court of mysore. 6 all proceedings pending in the high court of the existing state of mysore immediately before the appointed day, shall stand transferred to the high court of mysore and any order made before the appointed day by the first mentioned high court in any such proceedings shall for all purposes have effect, not only as an order of that high court, but also as an order of the high court of mysore.

section 71. of the states reorganisation act : 1 as from the appointed day, any act passed by the legislature of the state of andhra or madras before that day for the appropriation of any money out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the transferred territory in that state, and it shall be lawful for the state government to spend any amount in such transferred territory out of the amount authorised by such act to be expended for any service in that state. 2 the governor of andhra pradesh or of madras may, after the appointed day, authorise such expenditure from the consolidated fund of the state as he deems necessary for any purpose or service in the transferred territory of the state for any period not extending beyond the 31st day of march, .

section 65. of the states reorganisation act : 1 as from the appointed day, a the jurisdiction of the high court of the existing state of andhra shall extend to the whole of the territories transferred to that state from the existing state of hyderabad b the said high court shall be known as the high court of andhra pradesh and c the principal seat of the said high court shall be at hyderabad. 2 all proceedings pending in the high court of hyderabad immediately before the appointed day, other than those certified by the chief justice of that high court under subsection 2 of section 59 or under subsection 2 of section 62, shall stand transferred to the high court of andhra pradesh. 3 any order made by the high court of hyderabad before the appointed day in any proceedings transferred to the high court of andhra pradesh by virtue of subsection 2 shall, for all purposes, have effect not only as an order of the high court of hyderabad but also as an order made by the high court of andhra pradesh. 4 any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of hyderabad shall, as from the appointed day, be recognised as an advocate entitled to practise in the high court of andhra pradesh: provided that if any such person makes, within one year from the appointed day, an application to the high court of bombay or to the high court of mysore for being recognised as an advocate entitled to practise in that high court, he shall be so recognised, and on such recognition, he shall cease to be recognised as an advocate entitled to practise in the high court of andhra pradesh.

section 66. of the states reorganisation act : 1 except as hereinafter provided the jurisdiction of the high court at madras shall, as from the appointed day, extend to the whole of the territories transferred to the state of madras from the state of travancorecochin. 2 such proceedings pending in the high court of travancorecochin immediately before the appointed day as are certified before that day by the chief justice of that high court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court at madras shall, as soon as may be after such certification, be transferred to the high court at madras. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court of kerala shall have, and the high court at madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of travancorecochin before the appointed day: provided that if, after any such proceedings have been entertained by the high court of kerala, it appears to the chief justice of that high court that they ought to be transferred to the high court at madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made a by the high court of travancorecochin before the appointed day in any proceedings transferred to the high court at madras by virtue of subsection 2 or b by the high court of kerala in any proceedings with respect to which that high court retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect, not only as an order of the high court of travancorecochin or the high court of kerala, as the case may be, but also as an order made by the high court at madras. 5 subject to any rule made or direction given by the high court at madras, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of travancorecochin as may be specified in this behalf by the chief justice of the high court at madras having regard to the transfer of territories from travancorecochin to madras, shall be recognised as an advocate entitled to practise in the high court at madras.

section 72. of the states reorganisation act : 1 where the whole or any part of the territory of an existing state has been transferred to another existing state or to a new state by the provisions of part ii, the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of that existing state in respect of any period prior to the appointed day, shall be submitted to the governor of such state or of each of such states as the president may be order specify and the governor shall thereupon cause them to be laid before the legislature of that state. 2 the president may by order a declare any expenditure incurred out of the consolidated fund of bombay, madhya pradesh or punjab or of any part b or part c state on any service during the financial year or any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 67. of the states reorganisation act : any person who immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in the high court for an existing state and was authorised to appear or to act in any proceedings transferred from that high court to any other high court under any of the foregoing provisions of this part shall have the right to appear or to act, as the case may be, in the other high court in relation to those proceedings.

section 68. of the states reorganisation act : for the purposes of sections 59 to 66 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 73. of the states reorganisation act : the allowances and privileges of the governor of andhra pradesh or of madras or of each new state shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 69. of the states reorganisation act : nothing in this part shall affect the application to the high court for a new state of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 70. of the states reorganisation act : in the case of every new state, the governor or rajpramukh of the corresponding state may at any time before the appointed day authorise such expenditure from the consolidated fund of the new state as he deems necessary for any period not extending beyond the 31st day of march, : provided that the governor of the new state may, after the appointed day, authorise such further expenditure from the consolidated fund of the state as he deems necessary for the said period.

section 77. of the states reorganisation act : the total of the cash balances in all treasuries of an existing state and the credit balances of that state with the reserve bank of india immediately before the appointed day shall pass to the successor state, or, if there be two or more successor states, be divided between them according to the population ratio: provided that for the purpose of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the successor states in the books of the reserve bank of india on the appointed day: provided further that if any successor state has no account with the reserve bank of india the adjustment shall be made in such manner as the central government may by order direct.

section 74. of the states reorganisation act : 1 section 3 of the union duties of excise distribution act, 3 of and paragraphs 3 and 5 of the constitution distribution of revenues order, , shall, in respect of the financial year , have effect in the modified form set out in the fourth schedule. 2 there shall be charged on the consolidated fund of india in respect of each of the three financial years , and as grantsinaid of a the state of bombay, the sum, if any, by which 8.58 per cent. of the total of the amounts payable to that state under articles 270 and 272 falls short of 248.04 lakhs of rupees b the state of kerala, the sum, if any, by which 61.91 per cent. of the total of the amounts payable to that state under the said articles falls short of 232.38 lakhs of rupees c the state of madras, the sum, if any, by which 2.97 per cent. of the total of the amounts payable to that state under the said articles falls short of 24.65 lakhs of rupees d the state of mysore, the sum, if any, by which 46.75 per cent. of the total of the amounts payable to that state under the said articles falls short of 289.80 lakhs of rupees.

section 80. of the states reorganisation act : the investments in the cash balance investments account, the famine relief fund and the general fund of an existing state and the sums at the credit of an existing state in the central road fund shall pass to the successor state or, if there be two or more successor states, be divided between them according to the population ratio and the investments in any special fund the objects of which are confined to a local area in an existing state shall pass to the successor state in which that area is included.

section 75. of the states reorganisation act : the provisions of this part shall apply in relation to the apportionment of the assets and liabilities immediately before the appointed day of every part a or part b state the whole or any part of whose territories is transferred to another state or becomes 1union territory by virtue of the provisions of part ii and the expression existing state shall accordingly be construed to mean any such part a state or part b state. 1. subs. by the adaptation of laws no. 1 order, , for part c state.

section 78. of the states reorganisation act : the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor state in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included.

section 82. of the states reorganisation act : 1 the public debt of the existing state of hyderabad attributable to loans raised by the issue of government securities and outstanding with the public immediately before the 31st day of october, , shall as from that day be the debt of the union, and immediately on such transfer of the debt, the central government shall be deemed to have made a loan to that state of an amount equal to the debt so transferred on the same terms in regard to interest and repayment as are applicable to the loans so raised by that state. 2 the public debt of any other existing state attributable to loans raised by the issue of government securities and outstanding with the public immediately before the appointed day shall, as from that day, be the debt of the successor state or, if there be two or more successor states, be the debt of such one of them as the central government may, by order, specify and in the latter case, a the other successor states shall be liable to pay to the successor state so specified their shares of the sums due from time to time for the servicing and repayment of the debt, and b for the purpose of determining the said shares, the debt shall be deemed to be divided between the successor states as if it were a debt referred to in subsection 3. 3 the public debt of an existing state attributable to loans taken from the central government, the reserve bank of india or any other bank before the appointed day, including in the case of hyderabad the loan deemed to have been made by the central government under subsection 1, shall pass to the successor state, or if there be two or more successor states, be divided between them in proportion to the total expenditure on all capital works and other capital outlays incurred up to the appointed day in the territories of the existing state included respectively in each of those successor states: provided that for the purposes of such division, only expenditure on assets for which capital accounts have been kept shall be taken into account: provided further that any loan taken from the central government by the government of an existing state before the appointed day in connection with the construction of buildings, roads or other works for the capital of a new state or any state affected by the provisions of part ii or for purposes incidental thereto shall, to the extent of the expenditure so incurred until that day, be wholly the liability of the successor state in which the capital is included. 4 where a sinking fund or depreciation fund is maintained by an existing state for the repayment of any loan raised by it, the securities held in respect of investments made from that fund shall pass to the successor state or, if there be two or more successor states, be divided between them in the same proportion as the public debt referred to in subsection 3. 5 in this section, the expression government security means a security created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause 2 of section 2 of the public debt act, 18 of .

section 76. of the states reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to an existing state shall a if within the existing state, pass to the successor state in which they are situated or b if outside the existing state, pass to the successor state or if there be two or more successor states, to the principal successor state: provided that where there are two or more successor states and the central government is of opinion that any goods or class of goods should be distributed among them otherwise than according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor states accordingly. 2 any unissued stores of any class in an existing state shall pass to the successor state, or if there be two or more successor states, shall be divided between them in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of march, , for the territories of the existing state included respectively in each of those successor states excluding the indents relating to the secretariat and offices of heads of departments having jurisdiction over the whole of the existing state: provided that nothing in this subsection shall apply to stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction. 3 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 83. of the states reorganisation act : the liability of an existing state to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor state in which the property is situated, and the liability of an existing state to refund any other tax or duty collected in excess shall be the liability of the successor state in whose territories the place of assessment of that tax or duty is included.

section 79. of the states reorganisation act : 1 the right to recover any loans or advances made before the appointed day by an existing state to any local body, society, agriculturist or other person in an area within that state shall belong to the successor state in which that area is included. 2 the right to recover any loans or advances made before the appointed day by an existing state to any person or institution outside that state shall belong to the successor state or, if there be two or more successor states, to the principal successor state: provided that where there are two or more successor states, any sum recovered in respect of any such loan or advance shall be divided between all the successor states according to the population ratio.

section 81. of the states reorganisation act : 1 the assets and liabilities relating to any commercial or industrial undertaking of an existing state shall pass to the successor state in which the undertaking is located. 2 where a depreciation reserve fund is maintained by an existing state for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the successor state in which the undertaking is located.

section 88. of the states reorganisation act : where, immediately before the appointed day, an existing state is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall a if there be only one successor state, be a liability of that state b if there be two or more successor states and the cause of action arose wholly within the territories which as from that day are the territories of one of them, be a liability of that successor state and c in any other case, be initially a liability of the principal successor state, but subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the central government may by order direct.

section 84. of the states reorganisation act : the liability of an existing state in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the successor state in whose area the deposit has been made.

section 85. of the states reorganisation act : the liability of an existing state in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the successor state to which that government servant is permanently allotted.

section 91. of the states reorganisation act : the benefit or burden of any assets or liabilities of an existing state not dealt with in the foregoing provisions of this part shall a if there be only one successor state, pass to that state, and b if there be two or more successor states, pass to the principal successor state in the first instance, subject to such financial adjustment as may be agreed upon between all the successor states, before the 1st day of october, , or in default of such agreement, as the central government may be order direct.

section 86. of the states reorganisation act : the liability of the existing states in respect of pensions shall pass to, or be apportioned between, the successor states in accordance with the provisions contained in the fifth schedule.

section 93. of the states reorganisation act : all sums payable by the union to any state or by any state to any other state or to the union by virtue of the provisions of this part shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state by which such sums are payable.

section 92. of the states reorganisation act : where by virtue of any of the provisions of this part, any of the successor states becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the appointed day by any state that it is just and equitable that property or those benefits should be transferred to or shared with, one or more of the other successor states, or that a contribution towards that liability should be made by one or more of the other successor states, the said property or benefits shall be allocated in such manner, or the other successor state or states shall make to the state primarily subject to the liability such contribution in respect thereof, as the central government may, after consultation with the state governments concerned by order determine.

section 87. of the states reorganisation act : 1 where before the appointed day an existing state has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if there be only one successor state,of that state b if there be two or more successor states and the purposes of the contract are, as from the appointed day, exclusively purposes of any one of them,of that state and c if there be two or more successor states and the purposes of the contract are, as from that day, not exclusively purposes of any one of them,of the principal successor state and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the existing state, be rights or liabilities of the successor state or the principal successor state specified above: provided that in any such case as is referred to in clause c, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the central government may by order direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 89. of the states reorganisation act : where, immediately before the appointed day, an existing state is liable as guarantor in respect of any liability of a registered cooperative society, that lability of the existing state shall a if there be only one successor state, be a liability of that state b if there be two or more successor states and the area of the societys operations is limited to the territories which as from that day are the territories of one of them, be a liability of that successor state and c in any other case, be a liability of the principal successor state: provided that in any such case as is referred to in clause c, the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor states, or in default of such agreement, as the central government may by order direct.

section 90. of the states reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 96. of the states reorganisation act : the right to recover arrears of any tax including land revenue due in an existing state, being a tax enumerated in the state list, shall pass to the successor state.

section 100. of the states reorganisation act : where a government servant under the administrative control of the lieutenantgovernor or chief commissioner of an existing state has, before the appointed day, retired or proceeded on leave preparatory to retirement, any outstanding claim in respect of his pension shall be settled by the successor state but the liability in respect of the pension sanctioned to any such government servant, whether before or after the appointed day, shall be the liability of the union.

section 94. of the states reorganisation act : in this part, a existing state means any of the existing part c states of ajmer, bhopal, coorg, kutch and vindhya pradesh b union purposes mean the purposes of government relatable to any of the matters mentioned in the union list.

section 95. of the states reorganisation act : subject to the other provisions of this part a such of the assets of the union within an existing state as are immediately before the appointed day held by the union for purposes of the governance of that state shall, as from that day, pass to the successor state, unless the purposes for which the assets are so held are union purposes and b all liabilities of the union arising out of, or in relation to, the governance of an existing state shall, as from the appointed day, be liabilities of the successor state, unless the liabilities are relatable to a union purpose.

section 97. of the states reorganisation act : the right to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an existing state shall belong to the successor state unless the loan or advance was made in connection with a union purpose.

section 98. of the states reorganisation act : any debt of an existing state attributable to any loan given by the central government on or after the 1st day of april, , and outstanding immediately before the appointed day shall be a debt due by the successor state to the central government.

section 99. of the states reorganisation act : the liability of the union in respect of the provident fund account of a government servant serving immediately before the appointed day in an existing state under the administrative control of the lieutenantgovernor or chief commissioner thereof shall, as from that day, be the liability of the successor state: provided that the central government shall transfer to the successor state funds equal to the liability of the union as on the appointed day.

section 108. of the states reorganisation act : 1 any agreement or arrangement entered into between the central government and one or more existing states or between two or more existing states relating to a the administration, maintenance and operation of any project executed before the appointed day, or b the distribution of benefits, such as, the right to receive and utilise water or electric power, to be derived as a result of the execution of such project, which was subsisting immediately before the appointed day shall continue in force, subject to such adaptations and modifications, if any being of a character not affecting the general operation of the agreement or arrangement as may be agreed upon between the central government and the successor state concerned or between the successor states concerned, as the case may be, by the ist day of november, , or, if no agreement is reached by the said date, as may be made therein by order of the central government. 2 where a project concerning one or more of the existing states affected by the provisions of part ii has been taken in hand, but not completed, or has been accepted by the government of india for inclusion in the second five year plan before the appointed day, neither the scope of the project nor the provisions relating to its administration, maintenance or operation or to the distribution of benefits to be derived from it shall be varied, a in the case where a single successor state is concerned with the project after the appointed day, except with the previous approval of the central government, and b in the case where two or more successor states are concerned with the project after that day, except by agreement between those successor states, or if no agreement is reached, except in such manner as the central government may by order direct, and the central government may from time to time give such directions as may appear to it to be necessary for the due completion of the project and for its administration, maintenance and operation thereafter. 3 in this section, the expression project means a project for the promotion of irrigation, water supply or drainage or for the development of electric power or for the regulation or development of any interstate river or river valley.

section 101. of the states reorganisation act : 1 any contract made before the appointed day by the union in the exercise of its executive power for purposes of the governance of an existing state shall, as from that day, be deemed to have been made in the exercise of the executive power of the successor state, unless the purposes of the contract are union purposes and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights and liabilities of the union if this act had not been passed, be rights and liabilities of the successor state. 2 the provisions of subsections 2 and 3 of section 87 shall apply in relation to any such contract as they apply in relation to a contract to which subsection 1 of that section applies.

section 102. of the states reorganisation act : 1 as from the appointed day, the financial corporations established under the state financial corporations act, 63 of , for the existing states of madhya bharat, punjab, rajasthan and travancorecochin shall be deemed to be the financial corporations established under the said act for the new states of madhya pradesh, punjab, rajasthan and kerala, respectively. 2 the states of kerala, madhya pradesh and rajasthan shall be liable to pay to the states of madras, rajasthan and madhya pradesh, respectively, on account of the share of each of the lastnamed states in the paidup capital of the financial corporations for the existing states of travancorecochin, madhya bharat and rajasthan, respectively, such amount as the central government may by order determine. 3 as from the appointed day, the financial corporations established under the state financial corporations act, 63 of , for the existing states of andhra and hyderabad shall stand amalgamated and shall be deemed to be the financial corporation established under the said act for the state of andhra pradesh. 4 after consulting the governments of the existing states of andhra and hyderabad, the central government may, before the appointed day, by notified order, provide for the constitution of the board of directors of the financial corporation for the state of andhra pradesh and for such consequential, incidental and supplemental matters as may, in the opinion of the central government, be necessary to give effect to the provisions of subsection 3. 5 the state of andhra pradesh shall be liable to pay to each of the new states of mysore and bombay on account of its share of the paidup capital of the financial corporation for the existing state of hyderabad such amount as the central government may, by order, determine. 6 as from the appointed day, the financial corporations established under the state financial corporations act, 63 of , for the existing states of bombay and saurashtra shall stand amalgamated and shall be deemed to be the financial corporation established under the said act for the new state of bombay. 7 after consulting the governments of the existing states of bombay and saurashtra, the central government may, before the appointed day, by notified order, provide for the constitution of the board of directors of the financial corporation for the new state of bombay and for such consequential, incidental and supplemental matters as may, in the opinion of the central government, be necessary to give effect to the provisions of subsection 6. 8 the new state of bombay shall be liable to pay to each of the new states of mysore and rajasthan on account of its share of the paidup capital of the financial corporation for the existing state of bombay such amount as the central government may, by order, determine.

section 107. of the states reorganisation act : if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the development of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of part ii from the state in which the power stations and other installations for the generation and supply of such power, or the catchment are a reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems proper to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 104. of the states reorganisation act : with effect from the appointed day, the following amendments shall be made in the reserve bank of india act, 2 of , namely: 1 in section 2, in the proviso to clause f, for the words any central cooperative society in that state to be a state cooperative bank, the words any one or more cooperative societies carrying on business in that state to be a state cooperative bank or banks shall be substituted. 2 in section 20, a the words and letter and the governments of part a states shall be omitted b for the words their accounts respectively, the words its account shall be substituted c for the words their exchange, the words its exchange shall be substituted d after the words public debt, the words of the union shall be inserted 3 in section 21, a in subsection 1, i the words and the state governments wherever they occur, shall be omitted ii for the word their, at both places where it occurs, the word its shall be substituted iii in the proviso, the words or any state government shall be omitted, and for the word they the word it shall be substituted b in subsection 2, the words and each state government shall be omitted c for subsection 4, the following subsection shall be substituted, namely: 4 any agreement made under this section shall be laid, as soon as may be after it is made, before parliament and d subsection 5, shall be omitted 4 in subsection 1 of section 21a, the word and letter part b shall be omitted 5 after section 21a, the following section shall be inserted, namely: 21b. effect of agreements made between the bank and certain states before the ist november, .1 any agreement made under section 21 or section 21a between the bank and the government of a state specified in the explanation below and in force immediately before the ist day of november, , shall, as from that day have effect as if it were an agreement made on that day under section 21a between the bank and the government of the corresponding state subject to such modifications, if any, being of a character not affecting the general operation of the agreement, as may be agreed upon between the bank and the government of the corresponding state, or in default of such agreement, as may be made therein by order of the central government. explanation.in this subsection corresponding state means, a in relation to the agreement between the bank and the state of andhra, the state of andhra pradesh b in relation to the agreement between the bank and any other part a state as it existed before the ist day of november, , the state with the same name and c in relation to the agreement between the bank and the part b state of mysore or travancorecochin as it existed before the ist day of november, , the state of mysore or kerala respectively. 2 any agreement made under section 21a between the bank and the government of the part b state of hyderabad, madhya bharat or saurashtra shall be deemed to have terminated on the 31st day of october, ..

section 109. of the states reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate has been constituted under a central act, state act or provincial act for an existing state the whole or any part of which is by virtue of the provisions of part ii transferred to any other existing state or to a new state, then, notwithstanding such transfer, the body corporate shall, as from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall in its application to that body corporate have effect subject to such exceptions and modifications as may be specified in the direction.

section 103. of the states reorganisation act : 1 as from the appointed day, the madras industrial investment corporation constituted for the existing state of madras shall be deemed to have been constituted for that state with its area as altered by the provisions of part ii. 2 the state of madras shall be liable to pay to each of the new states of kerala and mysore on account of its share of the paidup capital of the said corporation such amount as the central government may by order determine.

section 105. of the states reorganisation act : in the multiunit cooperative societies act, 6 of , after section 5, the following sections shall be inserted, namely: 5a. transitional provisions regarding certain cooperative societies affected by reorganisation of states.1 where by virtue of the provisions of part ii of the states reorganisation act, , any cooperative society which, immediately before the ist day of november, , had its objects confined to one state becomes, as from that day, a multiunit cooperative society, it shall be deemed to be a cooperative society to which this act applies and shall be deemed to be actually registered in the state in which the principal place of business of the cooperative society is situated. 2 if it appears to the central registrar of cooperative societies necessary or expedient that any such society should be reconstituted or reorganised in any manner or that it should be dissolved, the central registrar may, with the approval of the central government, place before a meeting of the general body of the society held in such manner as may be prescribed by rules made under this act, a scheme for the reconstitution, reorganisation or dissolution of the society, including proposals regarding the formation of new cooperative societies and the transfer thereto of the assets and liabilities of that society. 3 if the scheme is sanctioned by a resolution passed by a majority of the members present at the said meeting, either without modifications or with modifications to which the central registrar agrees, he shall certify the scheme and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law, regulation or byelaw for the time being in force, be binding on all the societies affected by the scheme, as well as the shareholders and creditors of all such societies. 4 if the scheme is not sanctioned under subsection 3, the central registrar may refer the scheme to such judge of the appropriate high court as may be nominated in this behalf by the chief justice thereof, and the decision of that judge in regard to the scheme shall be final and shall be binding on all the societies affected by the scheme as well as the shareholders and creditors of all such societies. explanation.in this subsection appropriate high court means the high court within whose jurisdiction the principal place of business of the multiunit cooperative society is situated. 5b. power to delegate.the central government may, by notification in the official gazette, direct that any power or authority exercisable by the central registrar of cooperative societies under this act shall, in relation to such matters and subject to such conditions as may be specified in the direction, be exercisable also by such registrar of cooperative societies of a state or by such officer subordinate to the central government or to a state government as may be specified in the notification..

section 106. of the states reorganisation act : 1 the state electricity board constituted under the electricity supply act, 54 of , for any of the existing states of bombay, madhya pradesh and saurashtra shall as from the appointed day continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may from time to time be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of any such board shall include a direction that the said act shall in its application to that board have effect subject to such exceptions and modifications as the central government thinks fit. 3 a state electricity board continued under subsection 1 shall cease to function as from, and shall be deemed to be dissolved on, the ist day of november, , or such earlier date as the central government may by order appoint and upon such dissolution, its assets and liabilities shall, a in the case of the board for saurashtra, pass to the state of bombay, and b in the case of the board for the existing state of bombay or madhya pradesh, be apportioned between the successor states in such manner as may be agreed upon between them within one year of the dissolution of the board or if no agreement is reached, in such manner as the central government may by order determine. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of any of the successor states to the existing states of bombay, madhya pradesh and saurashtra from constituting at any time after the appointed day a state electricity board for that successor state under the provisions of the said act and if such a board is so constituted before the dissolution of a board continued under subsection 1 and functioning in any part of that successor state, a provision may be made by order of the central government enabling the new board to take over from the existing board all or any of its undertakings, assets and liabilities in that state, and b upon the dissolution of the existing board, any assets and liabilities which would otherwise have passed to the successor state by or under the provisions of subsection 3 shall pass to the new board instead of to the successor state.

section 115. of the states reorganisation act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of lieutenantgovernor or chief commissioner in any of the existing states of ajmer, bhopal, coorg, kutch and vindhya pradesh, or is serving in connection with the affairs of any of the existing states of mysore, punjab, patiala and east punjab states union and saurashtra shall, as from that day, be deemed to have been allotted to serve in connection with the affairs of the successor state to that existing state. 2 every person who immediately before the appointed day is serving in connection with the affairs of an existing state part of whose territories is transferred to another state by the provisions of part ii shall, as from that day, provisionally continue to serve in connection with the affairs of the principal successor state to that existing state, unless he is required by general or special order of the central government to serve provisionally in connection with the affairs of any other successor state. 3 as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in subsection 2 shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 4 every person who is finally allotted under the provisions of subsection 3 to a successor state shall, if he is not already serving therein be made available for serving in that successor state from such date as may be agreed upon between the governments concerned, and in default of such agreement, as may be determined by the central government. 5 the central government may by order establish one or more advisory committees for the purpose of assisting it in regard to a the division and integration of the services among the new states and the states of andhra pradesh and madras and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons. 6 the foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 114 apply. 7 nothing in this section shall be deemed to affect after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the union or any state: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in subsection 1 or subsection 2 shall not be varied to his disadvantage except with the previous approval of the central government.

section 110. of the states reorganisation act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of a permit granted by the state or a regional transport authority in an existing state, the whole or any part of the territories of which is transferred to another existing state or to a new state shall, if such permit was, immediately before the appointed day, valid and effective in any area in the territories so transferred, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any other state or regional transport authority for the purpose of validating it for use in such transferred territories: provided that the central government may, after consultation with the state government or governments concerned, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any transferred territory under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations beyond the boundaries of the state in which such permit was granted: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 116. of the states reorganisation act : 1 every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the union or of an existing state in any area which on that day falls within another existing state or a new 1 state or a 2union territory shall, except where by virtue or in consequence of the provisions of this act such post or office ceases to exist on that day, continue to hold the same post or office in the other existing state or new 1 state or 2union territory in which such area is included on that day, and shall be deemed as from that day to have been duly appointed to such post or office by the government of, or other appropriate authority in, such state, or by the central government or other appropriate authority in such 1union territory, as the case may be. 2 nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office. 1. the word and letter part a omitted by the adaptation of laws no. 1 order, . 2. subs., ibid., for part c state.

section 111. of the states reorganisation act : where on account of the reorganisation of the states under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of an existing state, is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such undertaking is transferred to, or reemployed by, any other body corporate or undertaking, then, notwithstanding anything contained in section 25f of the industrial disputes act, 14 of such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less 357 favourable to the workman than those applicable to him immediately before the transfer or reemployment and b the employer in relation to the body corporate or the undertaking where the workman is transferred or reemployed, is by agreement or otherwise legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f of the industrial disputes act, 14 of , on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 112. of the states reorganisation act : 1 as from the appointed day, there shall be established in the state of madras a devaswom fund for the management of hindu temples and shrines in the territories transferred to that state from the state of travancorecochin. 2 the assets as on the appointed day of the devaswom surplus fund constituted by section 26 of the travancorecochin hindu religious institutions act, , shall be divided into two parts in the ratio of 37.5 to 13.5 in such manner as the central government may, by order, direct, and the smaller part shall, as from the appointed day, be transferred to the fund mentioned in subsection 1.

section 113. of the states reorganisation act : the central government may, in respect of the institutions of the categories specified in the sixth schedule located in a new state or in the state of andhra pradesh or madras, direct that such facilities as may be specified in the direction shall be provided to the government and the people of one or more adjoining states for such period as may be so specified and thereupon those facilities shall be provided for the said period upon such terms and conditions as may be agreed upon between the state governments concerned before the 31st day of march, , or, if no agreement is reached by the said date, as may be fixed by order of the central government.

section 118. of the states reorganisation act : 1 the public service commissions for the existing states of bombay, mysore, punjab, rajasthan and travancorecochin shall, as from the appointed day, be deemed to be the public service commissions for the corresponding new states. 2 as from the appointed day, the public service commissions for the existing states of hyderabad, madhya bharat, madhya pradesh, patiala and east punjab states union and saurashtra shall cease to exist. 3 every person holding office immediately before the appointed day as chairman or other member of any of the commissions mentioned in subsection 2 a shall become a member, and if so specified also the chairman, of such one of the public service commissions for the states of andhra pradesh, bombay, madhya pradesh, punjab and mysore as the president shall by order specify and b shall, as such member or chairman, be entitled to receive from the government of the state conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day. 4 every person who becomes a member of a public service commission on the appointed day under subsection 1 or subsection 3 shall, subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day.

section 114. of the states reorganisation act : 1 in this section, the expression state cadre a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, , and b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, . 2 as from the appointed day, there shall be constituted for each of the new states a state cadre of the indian administrative service and a state cadre of the indian police service. 3 the initial strength and composition of each of the said cadres shall be such as the central government may by order determine before the appointed day. 4 the cadres of each of the said services for the existing states of bombay, madhya pradesh, punjab and vindhya pradesh and for the existing part b states shall, as from the appointed day, cease to exist, and the members of each of the said services borne on those cadres shall be allocated to the state cadres of the same service for the new states or for the other existing states in such manner and with effect from such date or dates as the central government may by order specify. 5 nothing in this section shall be deemed to affect the operation after the appointed day of the allindia services act, 61 of , or the rules made thereunder in relation to the state cadres of the said services constituted under subsection 2 and in relation to the members of those services borne on the said cadres.

section 120. of the states reorganisation act : for the purpose of facilitating the application of any law in relation to any of the states 1or union territories formed or territorially altered by the provisions of part ii, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means a as respects any law relating to a matter enumerated in the union list, the central government and b as respects any other law, i in its application to a 2 state, the state government, and ii in its application to a 3union territory, the central government. 1. ins. by the adaptation of laws no. 1 order, . 2. the word and letter part a omitted., ibid. 3. subs. ibid., for part c state.

section 121. of the states reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 120 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to any state 1or union territory formed or territorially altered by the provisions of part ii, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. 1. ins., ibid.

section 117. of the states reorganisation act : the central government may at any time before or after the appointed day give such directions to any state government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 119. of the states reorganisation act : the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to an existing state shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 123. of the states reorganisation act : where immediately before the appointed day, the union or an existing state is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this act, the successor state which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the union or the existing state as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 129. of the states reorganisation act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 12 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2, and the schedule, for subsection 2 w.e.f. .

section 122., for exercising statutory functions. of the states reorganisation act : the central government, as respects any 1union territory, and the state government as respects any new state or any transferred territory, may, by notification in the official gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. 1. subs. ibid., for part c state.

section 124. of the states reorganisation act : any person who immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in an existing state which is affected by the provisions of part ii shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another state.

section 125. of the states reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within a state shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another state 1or form a union territory, stand transferred to the corresponding court, tribunal, authority or officer in the other state 1or the union territory, as the case may be. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which or whom such proceeding is pending on the appointed day, is functioning and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state 1or union territory means i the court, tribunal, authority or officer in that state 1or union territory in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state 1or union territory as may be determined after the appointed day by the government of that state 1or the central government, as the case may be, or before the appointed day by the government of the corresponding state, to be the corresponding court, tribunal, authority or officer 1. ins. by the adaptation of laws no. 1 order, .

section 127. of the states reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 126. of the states reorganisation act : declaration of certain ancient monuments, etc., in part c states to be of national importance.rep. by the ancient monuments and archaeological sites and remains act, 24 of , s. 39 w.e.f. .

section 128. of the states reorganisation act : if any difficulty arises in giving effect to the provisions of this act, the president may by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.

section 130. of the states reorganisation act : 1 the government of part c states act, , is repealed with effect from the appointed day. 2 the said repeal shall not affect any laws made by the legislature of a part c state by virtue of any power conferred on that legislature by the act so repealed, and all such laws in force immediately before the appointed day shall continue in force, subject to such adaptations and modifications as may be made therein under section 120, until altered, repealed or amended by a competent legislature or other competent authority.

section 8. of the indian partnership act : a person may become a partner with another person in particular adventures or undertakings.

section 1. of the indian partnership act : 1 this act may be called the indian partnership act, . 12 it extends to the whole of india 23. 3 it shall come into force on the 1st day of october, , except section 69, which shall come into force on the 1st day of october, . 1. subs. by the a. o. , for subsection 2. 2. subs. by act 3 of , s. 3 and the schedule, for except part b states. 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the indian partnership act : where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is partnership at will.

section 2. of the indian partnership act : in this act, unless there is anything repugnant in the subject or context, a an act of a firm means any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm b business includes every trade, occupation and profession c prescribed means prescribed by rules made under this act d third party, used in relation to a firm or to a partner therein, means any person who is not a partner in the firm and e expressions used but not defined in this act and defined in the indian contract act, 9 of , shall have the meanings assigned to them in that act.

section 9. of the indian partnership act : partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative.

section 3. of the indian partnership act : the unrepealed provisions of the indian contract act, 9 of , save in so far as they are inconsistent with the express provisions of this act, shall continue to apply to firms.

section 5. of the indian partnership act : the relation of partnership arises from contract and not from status and, in particular, the members of a hindu undivided family carrying on a family business as such, or a burmese buddhist husband and wife carrying on business as such are not partners in such business.

section 4. of the indian partnership act : partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. persons who have entered into partnership with one another are called individually partners and collectively a firm, and the name under which their business is carried on is called the firm name.

section 6. of the indian partnership act : in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. explanation 1.the sharing of profits or of gross returns arising from property by persons holding a joint or common interest in that property does not of itself make such persons partners. explanation 2.the receipt by a person of a share of the profits of a business, or of a payment contingent upon the earning of profits or varying with the profits earned by a business, does not of itself make him a partner with the persons carrying on the business and, in particular, the receipt of such share or payment a by a lender of money to persons engaged or about to engage in any business, b by a servant or agent as remuneration, c by the widow or child of a deceased partner, as annuity, or d by a previous owner or part owner of the business, as consideration for the sale of the goodwill or share thereof, does not of itself make the receiver a partner with the persons carrying on the business.

section 15. of the indian partnership act : subject to contract between the partners, the property of the firm shall be held and used by the partners exclusively for the purposes of the business.

section 10. of the indian partnership act : every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.

section 11. of the indian partnership act : 1 subject to the provisions of this act, the mutual rights and duties of the partners of a firm may be determined by contract between the partners, and such contract may be expressed or may be implied by a course of dealing. such contract may be varied by consent of all the partners, and such consent may be expressed or may be implied by a course of dealing. 2 notwithstanding anything contained in section 27 of the indian contract act, 9 of , such contracts may provide that a partner shall not carry on any business other than that of the firm while he is a partner.

section 16. of the indian partnership act : subject to contract between the partners, a if a partner derives any profits for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm b if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business.

section 12. of the indian partnership act : subject to contract between the partners a every partner has a right to take part in the conduct of the business b every partner is bound to attend diligently to his duties in the conduct of the business c any difference arising as to ordinary matters connected with the business may be decided by a majority of the partners, and every partner shall have the right to express his opinion before the matter is decided, but no change may be made in the nature of the business without the consent of all the partners and d every partner has a right to have access to and to inspect and copy any of the books of the firm.

section 17.rights and duties of partners after a change in the firm, after the expiry of the term of the firm, and where additional undertakings are carried out of the indian partnership act : subject to contract between the partners, a where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be b where a firm constituted for a fixed term continues to carry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the incidents of partnership at will and c where a firm constituted to carry out one or more adventures or undertakings carries out other adventures or undertakings, the mutual rights and duties of the partners in respect of the other adventures or undertakings are the same as those in respect of the original adventures or undertakings.

section 13. of the indian partnership act : subject to contract between the partners a a partner is not entitled to receive remuneration for taking part in the conduct of the business b the partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm c where a partner is entitled to interest on the capital subscribed by him such interest shall be payable only out of profits d a partner making, for the purposes of the business, any payment or advance beyond the amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of six per cent. per annum e the firm shall indemnify a partner in respect of payments made and liabilities incurred by him i in the ordinary and proper conduct of the business, and ii in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances and f a partner shall indemnify the firm for any loss caused to it by his wilful neglect in the conduct of the business of the firm.

section 14. of the indian partnership act : subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purchase or otherwise, by or for the firm, or for the purposes and in the course of the business of the firm, and includes also the goodwill of the business. unless the contrary intention appears, property and rights and interests in property acquired with money belonging to the firm are deemed to have been acquired for the firm.

section 18. of the indian partnership act : subject to the provisions of this act, a partner is the agent of the firm for the purposes of the business of the firm.

section 19. of the indian partnership act : 1 subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the firm. the authority of a partner to bind the firm conferred by this section is called his implied authority. 2 in the absence of any usage or custom of trade to the contrary, the implied authority of a partner does not empower him to a submit a dispute relating to the business of the firm to arbitration, b open a banking account on behalf of the firm in his own name, c compromise or relinquish any claim or portion of a claim by the firm, d withdraw a suit or proceeding filed on behalf of the firm, e admit any liability in a suit or proceeding against the firm, f acquire immovable property on behalf of the firm, h transfer immovable property belonging to the firm, or g enter into partnership on behalf of the firm.

section 25. of the indian partnership act : every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

section 20. of the indian partnership act : the partners in a firm may, by contract between the partners, extend or restrict the implied authority of any partner. notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he is dealing knows of the restriction or does not know or believe that partner to be a partner.

section 21. of the indian partnership act : a partner has authority, in an emergency, to do all such acts for the purpose of protecting the firm from loss as would be done by a person of ordinary prudence, in his own case, acting under similar circumstances, and such acts bind the firm.

section 22. of the indian partnership act : in order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the firm shall be done or executed in the firm name, or in any other manner expressing or implying an intention to bind the firm.

section 23., of the indian partnership act : an admission or representation made by a partner concerning the affairs of the firm is evidence against the firm, if it is made in the ordinary course of business.

section 24. of the indian partnership act : notice to a partner who habitually acts in the business of the firm of any matter relating to the affairs of the firm operates as notice to the firm, except in the case of a fraud on the firm committed by or with the consent of that partner.

section 30. of the indian partnership act : 1 a person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership. 2 such minor has a right to such share of the property and of the profits of the firm as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm. 3 such minors share is liable for the acts of the firm, but the minor is not personally liable for any such act. 4 such minor may not sue the partners for an account or payment of his share of the property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48: provided that all the partners acting together or any partner entitled to dissolve the firm upon notice to other partners may elect in such suit to dissolve the firm, and thereupon the court shall proceed with the suit as one for dissolution and for settling accounts between the partners, and the amount of the share of the minor shall be determined along with the shares of the partners. 5 at any time within six months of his attaining majority, or of his obtaining knowledge that he had been admitted to the benefits of partnership, whichever date is later, such person may give public notice that he has elected to become or that he has elected not to become a partner in the firm, and such notice shall determine his position as regards the firm: provided that, if he fails to give such notice, he shall become a partner in the firm on the expiry of the said six months. 6 where any person has been admitted as a minor to the benefits of partnership in a firm, the burden of proving the fact that such person had no knowledge of such admission until a particular date after the expiry of six months of his attaining majority shall lie on the persons asserting that fact. 7 where such person becomes a partner, a his rights and liabilities as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and b his share in the property and profits of the firm shall be the share to which he was entitled as a minor. 8 where such person elects not to become a partner, a his rights and liabilities shall continue to be those of a minor under this section up to the date on which he gives public notice, b his share shall not be liable for any acts of the firm done after the date of the notice, and c he shall be entitled to sue the partners for his share of the property and profits in accordance with subsection 4. 9 nothing in subsections 7 and 8 shall affect the provisions of section 28.

section 32. of the indian partnership act : 1 a partner may retire a with the consent of all the other partners, b in accordance with an express agreement by the partners, or c where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire. 2 a retiring partner may be discharged from any liability to any third party for acts of the firm done before his retirement by an agreement made by him with such third party and the partners of the reconstituted firm, and such agreement may be implied by a course of dealing between such third party and the reconstituted firm after he had knowledge of the retirement. 3 notwithstanding the retirement of a partner from a firm, he and the partners continue to be liable as partners to third parties for any act done by any of them which would have been an act of the firm if done before the retirement, until public notice is given of the retirement: provided that a retired partner is not liable to any third party who deals with the firm without knowing that he was a partner. 4 notices under subsection 3 may be given by the retired partner or by any partner of the reconstituted firm.

section 26. of the indian partnership act : where, by the wrongful act or omission of a partner acting in the ordinary course of the business of a firm, or with the authority of his partners, loss or injury is caused to any third party, or any penalty is incurred, the firm is liable therefor to the same extent as the partner.

section 27. of the indian partnership act : where a a partner acting within his apparent authority receives money or property from a third party and misapplies it, or b a firm in the course of its business receives money or property from a third party, and the money or property is misapplied by any of the partners while it is in the custody of the firm, the firm is liable to make good the loss.

section 34. of the indian partnership act : 1 where a partner in a firm is adjudicated an insolvent he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved. 2 where under a contract between the partners the firm is not dissolved by the adjudication of a partner as an insolvent, the estate of a partner so adjudicated is not liable for any act of the firm and the firm is not liable for any act of the insolvent, done after the date on which the order of adjudication is made.

section 28. of the indian partnership act : 1 any one who by words spoken or written or by conduct represents himself, or knowingly permits himself to be represented, to be a partner in a firm, is liable as a partner in that firm to any one who has on the faith of any such representation given credit to the firm, whether the person representing himself or represented to be a partner does or does not know that the representation has reached the person so giving credit. 2 where after a partners death the business is continued in the old firm name, the continued use of that name or of the deceased partners name as a part thereof shall not itself make his legal representative or his estate liable for any act of the firm done after his death.

section 29. of the indian partnership act : 1 a transfer by a partner of his interest in the firm, either absolute or by mortgage, or by the creation by him of a charge on such interest, does not entitle the transferee, during the continuance of the firm, to interfere in the conduct of the business, or to require accounts, or to inspect the books of the firm, but entitles the transferee only to receive the share of profits of the transferring partner, and the transferee shall accept the account of profits agreed to by the partners. 2 if the firm is dissolved or if the transferring partner ceases to be a partner, the transferee is entitled as against the remaining partners to receive the share of the assets of the firm to which the transferring partner is entitled, and, for the purpose of ascertaining that share, to an account as from the date of the dissolution.

section 36. of the indian partnership act : 1 an outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but, subject to contract to the contrary, he may not a use the firm name, b represent himself as carrying on the business of the firm, or c solicit the custom of persons who were dealing with the firm before he ceased to be a partner. 2 a partner may make an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits and, notwithstanding anything contained in section 27 of the indian contract act, 9 of , such agreement shall be valid if the restrictions imposed are reasonable.

section 31. of the indian partnership act : 1 subject to contract between the partners and to the provisions of section 30, no person shall be introduced as a partner into a firm without the consent of all the existing partners. 2 subject to the provisions of section 30, a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he became a partner.

section 39. of the indian partnership act : the dissolution of partnership between all the partners of a firm is called the dissolution of the firm.

section 33. of the indian partnership act : 1 a partner may not be expelled from a firm by any majority of the partners, save in the exercise in good faith of powers conferred by contract between the partners. 2 the provisions of subsections 2, 3 and 4 of section 32 shall apply to an expelled partner as if he were a retired partner.

section 35. of the indian partnership act : where under a contract between the partners the firm is not dissolved by the death of a partner, the estate of a deceased partner is not liable for any act of the firm done after his death.

section 41. of the indian partnership act : a firm is dissolved a by the adjudication of all the partners or of all the partners but one as insolvent, or b by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the partners to carry it on in partnership : provided that, where more than one separate adventure or undertaking is carried on by the firm, the illegality of one or more shall not of itself cause the dissolution of the firm in respect of its lawful adventures and undertakings.

section 37. of the indian partnership act : where any member of a firm has died or otherwise ceased to be a partner, and the surviving or continuing partners carry on the business of the firm with the property of the firm without any final settlement of accounts as between them and the outgoing partner or his estate, then, in the absence of a contract to the contrary, the outgoing partner or his estate is entitled at the option of himself or his representatives to such share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of six per cent. per annum on the amount of his share in the property of the firm: provided that where by contract between the partners an option is given to surviving or continuing partners to purchase the interest of a deceased or outgoing partner, and that option is duly exercised, the estate of the deceased partner, or the outgoing partner or his estate, as the case may be, is not entitled to any further or other share of profits but if any partner assuming to act in exercise of the option does not in all material respects comply with the terms thereof, he is liable to account under the foregoing provisions of this section.

section 38. of the indian partnership act : a continuing guarantee given to a firm, or to a third party in respect of the transactions of a firm, is, in the absence of agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm.

section 40. of the indian partnership act : a firm may be dissolved with the consent of all the partners or in accordance with a contract between the partners.

section 42. of the indian partnership act : subject to contract between the partners a firm is dissolved a if constituted for a fixed term, by the expiry of that term b if constituted to carry out one or more adventures or undertakings, by the completion thereof c by the death of a partner and d by the adjudication of a partner as an insolvent.

section 45. of the indian partnership act : 1 notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution: provided that the estate of a partner who dies, or who is adjudicated an insolvent, or of a partner who, not having been known to the person dealing with the firm to be a partner, retires from the firm, is not liable under this section for acts done after the date on which he ceases to be a partner. 2 notices under subsection 1 may be given by any partner.

section 43. of the indian partnership act : 1 where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm. 2 the firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no date is so mentioned, as from the date of the communication of the notice.

section 44. of the indian partnership act : at the suit of a partner, the court may dissolve a firm on any of the following grounds, namely: a that a partner has become of unsound mind, in which case the suit may be brought as well by the next friend of the partner who has become of unsound mind as by any other partner b that a partner, other than the partner suing, has become in any way permanently incapable of performing his duties as partner c that a partner, other than the partner suing, is guilty of conduct which is likely to affect prejudicially the carrying on of the business, regard being had to the nature of the business d that a partner, other than the partner suing, wilfully or persistently commits breach of agreements relating to the management of the affairs of the firm or the conduct of its business, or otherwise so conducts himself in matters relating to the business that it is not reasonably practicable for the other partners to carry on the business in partnership with hint e that a partner, other than the partner suing, has in any way transferred the whole of his interest in the firm to a third party, or has allowed his share to be charged under the provisions of rule 49 of order xxi of the first schedule to the code of civil procedure, 5 of , or has allowed it to be sold in the recovery of arrears of landrevenue or of any dues recoverable as arrears of landrevenue due by the partner f that the business of the firm cannot be carried on save at a loss or g on any ground which renders it just and equitable that the firm should be dissolved.

section 46. of the indian partnership act : on the dissolution of a firm every partner or his representative is entitled, as against all the other partners or their representatives, to have the property of the firm applied in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights.

section 48. of the indian partnership act : in settling the accounts of a firm after dissolution, the following rules shall, subject to agreement by the partners, be observed: a losses, including deficiencies of capital, shall be paid first out of profits, next out of capital, and, lastly, if necessary, by the partners individually in the proportions in which they were entitled to share profits. b the assets of the firm, including any sums contributed by the partners to make up deficiencies of capital, shall be applied in the following manner and order: i in paying the debts of the firm to third parties ii in paying to each partner rateably what is due to him from the firm for advances as distinguished from capital iii in paying to each partner rateably what is due to him on account of capital and iv the residue, if any, shall be divided among the partners in the proportions in which they were entitled to share profits.

section 47. of the indian partnership act : after the dissolution of a firm the authority of each partner to bind the firm, and the other mutual rights and obligations of the partners, continue notwithstanding the dissolution, so far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the time of the dissolution, but not otherwise: provided that the firm is in no case bound by the acts of a partner who has been adjudicated insolvent but this proviso does not affect the liability of any person who has after the adjudication represented himself or knowingly permitted himself to be represented as a partner of the insolvent.

section 49. of the indian partnership act : where there are joint debts due from the firm, and also separate debts due from any partner, the property of the firm shall be applied in the first instance in payment of the debts of the firm, and, if there is any surplus, then the share of each partner shall be applied in payment of his separate debts or paid to him. the separate property of any partner shall be applied first, in the payment of his separate debts, and the surplus if any in the payment of the debts of the firm.

section 50. of the indian partnership act : subject to contract between the partners, the provisions of clause a of section 16 shall apply to transactions by any surviving partner or by the representatives of a deceased partner, undertaken after the firm is dissolved on account of the death of a partner and before its affairs have been completely wound up: provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.

section 55. of the indian partnership act : 1 in settling the accounts of a firm after dissolution, the goodwill shall, subject to contract between the partners, be included in the assets, and it may be sold either separately or along with other property of the firm. 2 where the goodwill of a firm is sold after dissolution, a partner may carry on a business competing with that of the buyer and he may advertise such business, but, subject to agreement between him and the buyer, he may not a use the firm name, c represent himself as carrying on the business of the firm, or c solicit the custom of persons who were dealing with the firm before its dissolution. 3 any partner may, upon the sale of the goodwill of a firm, make an agreement with the buyer that such partner will not carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 9 of , such agreement shall be valid if the restrictions imposed are reasonable.

section 51. of the indian partnership act : where a partner has paid a premium on entering into partnership for a fixed term, and the firm is dissolved before the expiration of that term otherwise than by the death of a partner, he shall be entitled to repayment of the premium or of such part thereof as may be reasonable, regard being had to the terms upon which he became a partner and to the length of time during which he was a partner, unless a the dissolution is mainly due to his own misconduct, or b the dissolution is in pursuance of an agreement containing no provision for the return of the premium or any part of it.

section 52. of the indian partnership act : where a contract creating partnership is rescinded on the ground of the fraud or misrepresentation of any of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled a to a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed by him b to rank as a creditor of the firm in respect of any payment made by him towards the debts of the firm and c to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm.

section 53. of the indian partnership act : after a firm is dissolved, every partner or his representative may, in the absence of a contract between the partners to the contrary, restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefit, until the affairs of the firm have been completely wound up: provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.

section 54. of the indian partnership act : partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits and notwithstanding anything contained in section 27 of the indian contract act, 9 of , such agreement shall be valid if the restrictions imposed are reasonable.

section 60. of the indian partnership act : 1 when an alteration is made in the firm name or in the location of the principal place of business of a registered firm, a statement may be sent to the registrar accompanied by the prescribed fee, specifying the alteration, and signed and verified in the manner required under section 58. 2 when the registrar is satisfied that the provisions of subsection 1 have been duly complied with, he shall amend the entry relating to the firm in the register of firms in accordance with the statement, and shall file it along with the statement relating to the firm filed under section 59.

section 56. of the indian partnership act : the 1state government of any state may, by notification in the official gazette, direct that the provisions of this chapter shall not apply to 2that state or to any part thereof specified in the notification. 1. subs. by the a.o. , for g. g. in c.. 2. subs., ibid., for any province.

section 63. of the indian partnership act : 1 when a change occurs in the constitution of a registered firm any incoming, continuing or outgoing partner, and when a registered firm is dissolved any person who was a partner immediately before the dissolution, or the agent of any such partner or person specially authorised in this behalf, may give notice to the registrar of such change or dissolution, specifying the date thereof and the registrar shall make a record of the notice in the entry relating to the firm in the register of firms, and shall file the notice along with the statement relating to the firm filed under section 59. 2 when a minor who has been admitted to the benefits of partnership in a firm attains majority and elects to become or not to become a partner, and the firm is then a registered firm, he, or his agent specially authorised in this behalf, may give notice to the registrar that he has or has not become a partner, and the registrar shall deal with the notice in the manner provided in subsection 1

section 57. of the indian partnership act : 1 the state government may appoint registrars of firms for the purposes of this act, and may define the areas within which they shall exercise their powers and perform their duties. 2 every registrar shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 58. of the indian partnership act : 1 the registration of a firm may be effected at any time by sending by post or delivering to the registrar of the area in which any place of business of the firm is situated or proposed to be situated, a statement in the prescribed form and accompanied by the prescribed fee, stating a the firm name, b the place or principal place of business of the firm, c the names of any other places where the firm carries on business, d the date when each partner joined the firm, e the names in full and permanent addresses of the partners, and f the duration of the firm. the statement shall be signed by all the partners, or by their agents specially authorised in this behalf. 2 each person signing the statement shall also verify it in the manner prescribed. 3 a firm name shall not contain any of the following words, namely: crown, emperor, empress, empire, imperial, king, queen, royal, or words expressing or implying the sanction, approval or patronage of 1 government 2,except 3when the state government signifies 4its consent to the use of such words as part of the firm name by order in writing 5 state amendments goa, daman and diu. the government of goa is hereby pleased to levy a nonrefundable processing fee of rs. 1,000/ rupees one thousand only for processing the documents for registration of partnership firm under the indian partnership act, central act 9 of . this order shall come into force with effect from the 1st day of april, . published in the official gazette series i no. 52 extraordinary2 dated w.e.f. ldestt. c/407 dated uttarakhand. substitution of section 58.in the indian partnership act, , hereinafter referred to as the principal act section 58 shall be substituted as follows, namely: 58. application for registration.1 the registration of a firm may be effected at any time by uploading on the website following statement in the prescribed online form and accompanied with prescribed fees to the registrar of the area in which any place of business of the firm is situated or proposed to be situated, stating. a the firm name, b the place or principal place of business of the firm, c the names of any other places where the firm carries on business, d the date when each partner joined the firm, e the names in full and permanent addresses of the partners, and f the duration of the film. the statement shall be digitally signed by all the partners or by their agents specially authorized in this behalf. 2 the applicant, signing the statement shall also upload to the website, verifying the statement recorded in the online format mentioned in subsection 1, verifying it in the affidavit certified by the notary on the nonjudicial stamp paper of rs. 10/. 3 the desired enclosed shall also be uploaded on website, by the applicant. 4 a firm name shall not contain the word union, state, land mortgage, land development, cooperative, gandhi, reserve bank or any of the words expressing or implying the sanction, approval or patronage of government, except when the state government signifies its consent to the use of such words as part of the firm name by order in writing. 5 the prescribed fee of registration shall be submitted online after the online approval given by the registrar. 6 after submitting the prescribed registration fee the digitally signed registration certificate may be downloaded from the website by the applicant. vide uttarakhand act 5 of , s. 2 1. the words the crown or the central government or any provincial omitted by the a. o. . the words the central government or any provincial government or the crown representative were subs. by the a. o. for the g. of i. or a l. g. 2. the words or the crown representative omitted by the a.o. . 3. subs. by the a.o. , for when the g.g. in c.. 4. subs. ibid. for his 5. the words under the hand of one of the secretaries to the g. of i. omitted, ibid.

section 59. of the indian partnership act : where the registrar is satisfied that the provisions of section 58 have been duly complied with, he shall record an entry of the statement in a register called the register of firms, and shall file the statement. state amendments karnataka amendment of section 59a.in section 59a of the indian partnership act, central act ix of , in subsection 1, for the words by reason of the reorganization of states, the words, figures and brackets by reason of the addition of the bellary district to the state of mysore under the andhra state act, central act xxx of , or of the reorganization of states under the states reorganisation act, central act 37 of shall be substituted. vide karnataka act 19 of , s. 2 maharashtra amendment of section 59a1 of ix of .in section 59a1 of the indian partnership act, ix of , in its application to the state of maharashtra hereinafter referred to as the principal act, for the words one hundred rupees the words one thousand rupees shall be substituted. vide maharashtra act 16 of , s. 2

section 65. of the indian partnership act : a court deciding any matter relating to a registered firm may direct that the registrar shall make any amendment in the entry in the register of firms relating to such firm which is consequential upon its decision and the registrar shall amend the entry accordingly.

section 61. of the indian partnership act : when a registered firm discontinues business at any place or begins to carry or business at any place, such place not being its principal place of business, any partner or agent of the firm may send intimation thereof to the registrar, who shall make a note of such intimation in the entry relating to the firm in the register of firms, and shall file the intimation along with the statement relating to the firm filed under section 59.

section 62. of the indian partnership act : when any partner in a registered firm alters his name or permanent address, an intimation of the alteration may be sent by any partner or agent of the firm to the registrar, who shall deal with it in the manner provided in section 61.

section 68. of the indian partnership act : 1 any statement, intimation or notice recorded or noted in the register of firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was signed, be conclusive proof of any fact therein stated. 2 a certified copy of an entry relating to a firm in the register of firms may be produced in proof of the fact of the registration of such firm, and of the contents of any statement, intimation or notice recorded or noted therein. state amendment uttarakhand. amendment of section 68.in principal act, subsection 1 of section 68 shall be substituted as follows, namely: 68. rules of evidence:1 any statement, intimation or notice recorded or noted in the register of firms shall, as against any person by whom or on whose behalf such statement, intimation or notice was digitally signed, be conclusive proof of any fact therein stated. vide uttarakhand act 5 of , s. 4

section 64. of the indian partnership act : 1 the registrar shill have power at all times to rectify any mistake in order to bring the entry in the register of firms relating to any firm into conformity with the documents relating to that firm filed under this chapter. 2 on application made by all the parties who have signed any document relating to a firm filed under this chapter, the registrar may rectify any mistake in such document or in the record or note thereof made in the register of firms.

section 66. of the indian partnership act : 1 the register of firms shall be open to inspection by any person on payment of such fee as may be prescribed. 2 all statements, notices and intimations filed under this chapter shall be open to inspection, subject to such conditions and on payment of such fee as may be prescribed.

section 67. of the indian partnership act : the registrar shall on application furnish to any person, on payment of such fee as may be prescribed, a copy, certified under his hand, of any entry or portion thereof in the register of firms. state amendment uttarakhand. substituted of section 67.in principal act, section 67 shall be substituted as follow, namely: 67. grant of copies.the registrar shall on online application furnish to any person, on payment of such fee as may be prescribed , a copy digitally certified under his hand of any entry or portion thereof in the register of firms. vide uttarakhand act 5 of , s. 3

section 74. of the indian partnership act : nothing in this act or any repeal effected thereby shall affect or be deemed to affect a any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this act, or b any legal proceeding or remedy in respect of any such right, title, interest, obligation or liability, or anything done or suffered before the commencement of this act, or c anything done or suffered before the commencement of this act, or d any enactment relating to partnership not expressly repealed by this act, or e any rule of insolvency relating to partnership, or f any rule of law not inconsistent with this act.

section 69. of the indian partnership act : 1 no suit to enforce a right arising from a contract or conferred by this act shall be institutes in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the register of firms as a partner in the firm. 2 no suit to enforce a tight arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the firm. 3 the provisions of subsections 1 and 2 shall apply also to a claim of setoff or other proceeding to enforce a right arising from a contract, but shall not affect a the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or a ay right or power to realise the property of a dissolved firm, or b the powers of an official assignee, receiver or court under the presidencytowns insolvency act, 2 of , or the provincial insolvency act, 5 of , to realise the property of an insolvent partner. 4 this section shall not apply a to firms or to partners in firms which have no place of business in 1the territories to which this act extends, or whose places of business in 2the said territories are situated in areas to which, by notification under 3section 56, this chapter does not apply, or b to any suit or claim of setoff not exceeding one hundred rupees in value which, in the presidencytowns, is not of a kind specified in section 19 of the presidency small cause courts act, 15 of , or, outside the presidencytowns, is not of a kind specified in the second schedule to the provincial small cause courts act, 9 of , or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim. state amendment maharashtra substitution of section 69a of ix of .for section 69a of the principal act, the following section shall be substituted, namely: 69a. charges for delay in compliance of section 60, 61, 62 or 63.if any statement, intimation or notice under section 60, 61, 62 or as the case may be, 63, in respect of any registered firm is not sent or given to the registrar, within the period specified in that section, the registrar may, make suitable amendments in the records relating to the firm, upon payment of charges for delay in sending or giving the same, at the rate of rupees two thousand per year or part thereof in respect of the period between the date of expiry of the period specified in that section and the date of making the payment.. vide maharashtra act 16 of , s. 3 1. subs. by act 3 of , s. 3 and the schedule, for part a states and part c states. 2. subs. by s. 3 and the schedule, ibid., for such states. 3. subs. by act 24 of , s. 2 and the first schedule, for section 55.

section 70. of the indian partnership act : any person who signs any statement, amending statement, notice or intimation under this chapter containing any particular which he knows to be false or does not believe to be true, or containing particulars which he knows to be incomplete or does not believe to be complete, shall be punishable with imprisonment which may extend to three months, or with fine, or with both.

section 71. of the indian partnership act : 1 the 1state government 2may by notification in the official gazette make rules prescribing the fees which shall accompany documents sent to the registrar of firms, or which shall be payable for the inspection of documents in the custody of the registrar of firms, or for copies from the register of firms: provided that such fees shall not exceed the maximum fees specified in schedule i. 2 the state government may 3also make rules a prescribing the form of statement submitted under section 58, and of the verification thereof b requiring statements, intimations and notices under sections 60, 61, 62 and 63 to be in prescribed form, and prescribing the form thereof c prescribing the form of the register of firms, and the mode in which entries relating to firms are to be made therein, and the mode in which such entries are to be amended or notes made therein d regulating the procedure of the registrar when disputes arise e regulating the filing of documents received by the registrar f prescribing conditions for the inspection of original documents g regulating the grant of copies h regulating the elimination of registers and documents i providing for the maintenance and form of an index to the register of firms and j generally, to carry out the purposes of this chapter. 3 all rules made under this section shall be subject to the condition of previous publication. 44 every rule made by the state government under this section shall be laid, as soon as it is made, before the state legislature. 1. subs. by the a.o. , for g.g. in c.. 2. subs. by act 20 of , s. 2 and the schedule, for may make rules w.e.f. . 3. ins. by the a.o. . 4. ins. by act 20 of , s. 2 and schedule w.e.f. .

section 72. of the indian partnership act : a public notice under this act is given a where it relates to the retirement or expulsion of a partner from a registered firm, or to the dissolution of a registered firm, or to the election to become or not to become a partner in a registered firm by a person attaining majority who was admitted as a minor to the benefits of partnership, by notice to the registrar of firms under section 63, and by publication in the official gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business, and b in any other case, by publication in the official gazette and in at least one vernacular newspaper circulating in the district where the firm to which it relates has its place or principal place of business.

section 73.. of the indian partnership act : repeals. rep. by the repealing act, 1 of , s. 2 and schedule.

section 8., not to invalidate proceedings of commission. of the national commission for minority educational institutes act : no act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the commission.

The National Commission for Minority Educational Institutes Act, 2004

section 1. of the national commission for minority educational institutes act : 1 this act may be called the national commission for minority educational institutions act, . 2 it extends to the whole of india 1. 3 it shall be deemed to have come into force on the 11th day of november, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the national commission for minority educational institutes act : show related subordinates in this act, unless the context otherwise requires, a affiliation together with its grammatical variations, includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a 1 university 2 aa appropriate government means, i in relation to an educational institution recognised for conducting its programmes of studies under any act of parliament, the central government and ii in relation to any other educational institution recognised for conducting its programmes of studies under any state act, a state government in whose jurisdiction such institution is established 3 c commission means the national commission for minority educational institutions constituted under section 3 2 ca competent authority means the authority appointed by the appropriate government to grant no objection certificate for the establishment of any educational institution of their choice by the minorities d degree means any such degree as may, with previous approval of the central government, be specified in this behalf by the university grants commission, by notification in the official gazette 2 da educational rights to minorities means the rights of minorities to establish and administer educational institutions of their choice e member means a member of the commission and includes the chairperson f minority, for the purpose of this act, means a community notified as such by the central government 4 g minority educational institution means a college or an educational institution established and administered by a minority or minorities h prescribed means prescribed by rules made under this act i qualification means a degree or any other qualification awarded by a university 5 k technical education has the meaning assigned to it in clause g of section 2 of the all india council for technical education act, 52 of l university means a university defined under clause f of section 2 of the university grants commission act, 3 of , and includes an institution deemed to be a university under section 3 of that act, or an institution specifically empowered by an act of parliament to confer or grant degrees. 1. the word scheduled omitted by act 18 of , s.2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. cl. b omitted by act 20 of , s. 2 w.e.f.. 4. subs. by s. 2, ibid., for cl. g w.e.f. . 5. cl. j omitted by act 18 of , s. 2 w.e.f. .

section 7. of the national commission for minority educational institutes act : the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and pensions payable to the secretary, officers and other employees referred to in section 6, shall be paid out of the grants referred to in subsection 1 of section 14.

section 4. of the national commission for minority educational institutes act : show related subordinates 1 a person shall not be qualified for appointment as the chairperson unless he, a is a member of a minority community and b has been a judge of a high court. 2 a person shall not be qualified for appointment as a member unless he, a is a member of a minority community and b is a person of eminence, ability and integrity.

section 10. of the national commission for minority educational institutes act : 110. right to establish a minority educational institution.2 1 subject to the provisions contained in any other law for the time being in force, any person, who desires to establish a minority educational institution may apply to the competent authority for the grant of no objection certificate for the said purpose. 2 the competent authority shall, a on perusal of documents, affidavits or other evidence, if any and b after giving an opportunity of being heard to the applicant, decide every application filed under subsection 1 as expeditiously as possible and grant or reject the application, as the case may be: provided that where an application is rejected, the competent authority shall communicate the same to the applicant. 3 where within a period of ninety days from the receipt of the application under subsection 1 for the grant of no objection certificate, a the competent authority does not grant such certificate or b where an application has been rejected and the same has not been communicated to the person who has applied for the grant of such certificate, it shall be deemed that the competent authority has granted a no objection certificate to the applicant. 4 the applicant shall, on the grant of a no objection certificate or where the competent authority has deemed to have granted the no objection certificate, be entitled to commence and proceed with the establishment of a minority educational institution in accordance with the rules and regulations, as the case may be, laid down by or under any law for the time being in force. explanation.for the purposes of this section, a applicant means any person who makes an application under subsection 1 for establishment of a minority educational institution b no objection certificate means a certificate stating therein, that the competent authority has no objection for the establishment of a minority educational institution. 1. subs. by act 18 of , s.3, for chapter iii w.e.f. . 2. subs. by act 20 of , s. 4, for subsection 1 w.e.f. .

section 3. of the national commission for minority educational institutes act : show related subordinates 1 the central government shall, by notification in the official gazette, constitute a body to be known as the national commission for minority educational institutions to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the commission shall consist of a chairperson and 1 three members to be nominated by the central government. 1. subs. by act 20 of , s. 3, for two members w.e.f. .

section 5. of the national commission for minority educational institutes act : show related subordinates 1 every member shall hold office for a term of five years from the date on which he assumes office. 2 a member may, by writing under his hand addressed to the central government, resign from the office of chairperson or, as the case may be, of member at any time. 3 the central government shall remove a person from the office of member if that person a becomes an undischarged insolvent b is convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude c becomes of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission or f in the opinion of the central government, has so abused the position of chairperson or member as to render that persons continuance in office detrimental to the public interest: provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter. 4 a vacancy caused under subsection 2 or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen. 5 the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed.

section 6. of the national commission for minority educational institutes act : 1 the central government shall provide the commission with a secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the commission under this act. 2 the salaries and allowances payable to, and the other terms and conditions of service of, the secretary, officers and other employees appointed for the purpose of the commission shall be such as may be prescribed.

section 9. of the national commission for minority educational institutes act : 1 the commission shall meet as and when necessary at such time and place as the chairperson may think fit. 2 the commission shall regulate its own procedure. 3 all orders and decisions of the commission shall be authenticated by the secretary or any other officer of the commission duly authorised by the secretary in this behalf.

section 10a. of the national commission for minority educational institutes act : 110a. right of a minority educational institution to seek affiliation.1 a minority educational institution may seek affiliation to any university of its choice subject to such affiliation being permissible within the act under which the said university is established. 2 any person who is authorised in this behalf by the minority educational institution, may file an application for affiliation under subsection 1 to a university in the manner prescribed by the statute, ordinance, rules or regulations, of the university: provided that such authorised person shall have right to know the status of such application after the expiry of sixty days from the date of filing of such application. 1. subs. by act 18 of , s.3, for chapter iii w.e.f. .

section 11. of the national commission for minority educational institutes act : notwithstanding anything contained in any other law for the time being in force, the commission shall a advise the central government or any state government on any question relating to the education of minorities that may be referred to it 1 b enquire, suo motu, or on a petition presented to it by any minority educational institution, or any person on its behalf into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affiliation to a university and report its finding to the appropriate government for its implementation c intervene in any proceeding involving any deprivation or violation of the educational rights of the minorities before a court with the leave of such court d review the safeguards provided by or under the constitution, or any law for the time being in force, for the protection of educational rights of the minorities and recommend measures for their effective implementation e specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities f decide all questions relating to the status of any institution as a minority educational institution and declare its status as such g make recommendations to the appropriate government for the effective, implementation of programmes and schemes relating to the minority educational institutions and h do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the commission. 1. subs. by act 18 of , s.4, for cls. b and c w.e.f. .

section 12e. of the national commission for minority educational institutes act : 112e. power of commission to call for information, etc.1 the commission, while enquiring into the complaints of violation or deprivation of educational rights of minorities shall call for information or report from the central government or any state government or any other authority or organisation subordinate thereto, within such time as may be specified by it: provided that, a if the information or report is not received within the time stipulated by the commission, it may proceed to inquire into the complaint b if, on receipt of information or report, the commission is satisfied either that no further inquiry is required, or that the required action has been initiated or taken by the concerned government or authority, it may not proceed with the complaint and inform the complainant accordingly. 2 where the inquiry establishes violation or deprivation of the educational rights of the minorities by a public servant, the commission may recommend to the concerned government or authority, the initiation of disciplinary proceedings or such other action against the concerned person or persons as may be deemed fit. 3 the commission shall send a copy of the inquiry report, together with its recommendations to the concerned government or authority and the concerned government authority shall, within a period of one month, or such further time as the commission may allow, forward its comments on the report, including the action taken, or proposed to be taken thereon, to the commission. 4 the commission shall publish its inquiry report and the action taken or proposed to be taken by the concerned government or authority on the recommendations of the commission. 1. ins. by s. 6, ibid. w.e.f. .

section 12. of the national commission for minority educational institutes act : 1 if any dispute arises between a minority educational institution and a 1 university relating to its affiliation to such university, the decision of the commission thereon shall be final. 2 the commission shall, for the purposes of discharging its functions under this act, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely: a summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents and f any other matter which may be prescribed. 2 3 every proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of and the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. the word scheduled omitted by s. 5, ibid. w.e.f. . 2. ins. by act 18 of , s. 5 w.e.f. .

section 12a. of the national commission for minority educational institutes act : show related subordinates 1 12a. appeal against orders of the competent authority.1 any person aggrieved by the order of refusal to grant no objection certificate under subsection 2 of section 10 by the competent authority for establishing a minority educational institution, may prefer an appeal against such order to the commission. 2 an appeal under subsection 1 shall be filed within thirty days from the date of the order referred to in subsection 1 communicated to the applicant: provided that the commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period. 3 an appeal to the commission shall be made in such form as may be prescribed and shall be accompanied by a copy of the order against which the appeal has been filed. 4 the commission, after hearing the parties, shall pass an order as soon as may be practicable, and give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice. 5 an order made by the commission under subsection 4 shall be executable by the commission as a decree of a civil court and the provisions of the code of civil procedure, 5 of , so far as may be, shall apply as they apply in respect of a decree of a civil court. 1. ins. by s. 6, ibid. w.e.f. .

section 12b. of the national commission for minority educational institutes act : 112b. power of commission to decide on the minority status of an educational institution.1 without prejudice to the provisions contained in the national commission for minorities act, 19 of , where an authority established by the central government or any state government, as the case may be, for grant of minority status to any educational institution rejects the application for the grant of such status, the aggrieved person may appeal against such order of the authority to the commission. 2 an appeal under subsection 1 shall be preferred within thirty days from the date of the order communicated to the applicant: provided that the commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period. 3 an appeal to the commission shall be made in such form as may be prescribed and shall be accompanied by a copy of the order against which the appeal has been filed. 4 on receipt of the appeal under subsection 3, the commission may, after giving the parties to the appeal an opportunity of being heard, 2 decide on the minority status of the educational institution and shall proceed to give such direction as it may deem fit and, all such directions shall be binding on the parties. explanation.for the purposes of this section and section 12c, authority means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate government, for the purpose of granting a certificate of minority status to an educational institution. 1. ins. by s. 6, ibid. w.e.f. . 2. the words and in consultation with the state government omitted by act 20 of , s. 5 w.e.f. .

section 12c. of the national commission for minority educational institutes act : 112c. power to cancel.the commission may, after giving a reasonable opportunity of being heard to a minority educational institution to which minority status has been granted by an authority or commission, as the case may be, cancel such status under the following circumstances, namely: a if the constitution, aims and objects of the educational institution, which has enabled it to obtain minority status has subsequently been amended in such a way that it no longer reflects the purpose or character of a minority educational institution b if, on verification of the records during the inspection or investigation, it is found that the minority educational institution has failed to admit students belonging to the minority community in the institution as per rules and prescribed percentage governing admissions during any academic year. 1. ins. by s. 6, ibid. w.e.f. .

section 12f. of the national commission for minority educational institutes act : 112f. bar of jurisdiction.no court except the supreme court and a high court exercising jurisdiction under articles 226 and 227 of the constitution shall entertain any suit, application or other proceedings in respect of any order made under this chapter. 1. ins. by s. 6, ibid. w.e.f. .

section 12d. of the national commission for minority educational institutes act : 112d. power of commission to investigate matters relating to deprivation of educational rights of minorities.1 the commission shall have the power to investigate into the complaints relating to deprivation of the educational rights of minorities. 2 the commission may, for the purpose of conducting any investigation pertaining to a complaint under this act, utilise the services of any officer of the central government or any state government with the concurrence of the central government or the state government, as the case may be. 3 for the purpose of investigation under subsection 1, the officer whose services are utilised may, subject to the direction and control of the commission, a summon and enforce the attendance of any person and examine him b require the discovery and production of any document and c requisition any public record or copy thereof from any office. 4 the officer whose services are utilised under subsection 2 shall investigate into any matter entrusted to it by the commission and submit a report thereon to it within such period as may be specified by the commission in this behalf. 5 the commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under subsection 4 and for this purpose the commission may make such further inquiry as it may think fit. 1. ins. by s. 6, ibid. w.e.f. .

section 13. of the national commission for minority educational institutes act : show related subordinates the chairperson shall exercise such financial and administrative powers as may be vested in him by the rules made under this section: provided that the chairperson shall have authority to delegate such of the financial and administrative powers as he may think fit to any member or secretary or any other officer of the commission subject to the condition that such member or secretary or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the chairperson.

section 14. of the national commission for minority educational institutes act : 1 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act. 2 the commission may spend such sums of money as it thinks fit for performing the functions under this act, and such sums shall be treated as expenditure payable out of the grants referred to in subsection 1.

section 15. of the national commission for minority educational institutes act : show related subordinates 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission.

section 20. of the national commission for minority educational institutes act : 1 in the discharge of its functions under this act, the commission shall be guided by such direction on questions of policy relating to national purposes, as may be given to it by the central government. 2 if any dispute arises between the central government and the commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the central government shall be final.

section 16. of the national commission for minority educational institutes act : show related subordinates the commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government.

section 21. of the national commission for minority educational institutes act : no suit, prosecution or other legal proceeding shall lie against the central government, commission, chairperson, members, secretary or any officer or other employee of the commission for anything which is in good faith done or intended to be done under this act.

section 17. of the national commission for minority educational institutes act : the central government shall cause the annual report, together with a memorandum of action taken on the advice tendered by the commission under section 11 and the reasons for the nonacceptance, if any, of any such advice, and the audit report to be laid as soon as may be after they are received before each house of parliament.

section 22. of the national commission for minority educational institutes act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 18.. of the national commission for minority educational institutes act : power to amend schedule. omitted by the national commission for minority educational institutions amendment act, 18 of , s. 7 w.e.f. .

section 19., of commission to be public servants. of the national commission for minority educational institutes act : show related subordinates the chairperson, members, secretary, officers and other employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 23. of the national commission for minority educational institutes act : the commission shall furnish to the central government such returns or other information with respect to its activities as the central government may, from time to time, require.

section 24. of the national commission for minority educational institutes act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the salaries and allowances payable to, and the other terms and conditions of the service of, the chairperson and members under subsection 5 of section 5 and of the secretary, officers and other employees under subsection 2 of section 6 1 aa the forms in which appeal under subsection 3 of the section 12a and subsection 3 of section 12b shall be made b the financial and administrative powers to be exercised by the chairperson under section 13 c the form in which the annual statement of accounts shall be prepared under subsection 1 of section 15 d the form in, and the time at, which the annual report shall be prepared under section 16 e any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 18 of , s. 8 w.e.f. .

section 25. of the national commission for minority educational institutes act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient, for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 26. of the national commission for minority educational institutes act : 1 the national commission for minority educational institutions ordinance, ord. 6 of is hereby repealed. 2 notwithstanding the repeal of the said ordinance, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 8. of the army and air force disposal of private property act : on receipt of the surplus referred to in subsection 7 of section 3 or clause ii of section 4 or subsection 4 of section 7, the prescribed person shall, a if he knows of a representative of the deceased, pay the surplus to that representative b if he does not know of any such representative and the surplus has not been disposed of under section 10, publish every year a notice in the prescribed form and manner for six consecutive years and if no claim to the surplus is made by a representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom to the credit of the central government: provided that such deposit shall not bar the claim of any person to such surplus or any part thereof, if he is otherwise entitled to it.

section 1. of the army and air force disposal of private property act : 1 this act may be called the army and air force disposal of private property act, . 2 it extends to the whole of india, and applies to citizens of india and persons subject to the army act, 46 of , or the air force act, 45 of , wherever they may be. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 22nd july, , vide notification no. s.r.o. 123, dated 22nd july, , see gazette of india, , part ii, s. 3.

section 7. of the army and air force disposal of private property act : 1 notwithstanding anything contained in 1the administratorsgeneral act, 45 of , an administrator general shall not interpose in any manner in relation to any property of a deceased which has been dealt with under the provisions of section 3 or section 4, except in so far as he is expressly required or permitted to do so by or under the provisions of this act. 2 the central government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased shall be handed over by the commanding officer or the committee, as the case may be, to the administrator general of a state for administration, and thereupon the commanding officer or the committee, as the case may be, shall make over the estate to such administrator general. 3 where under this section any estate is handed over to the administrator general, the administrator general shall administer such estate in accordance with the provisions of 2the administrators general act, 45 of , or, if that act is not in force in any state, of the corresponding law in force in that state: provided that the regimental and other debts in camp or quarters of the deceased, if any, shall be paid by the administrator general in priority to any other debts due by the deceased. 4 the administrator general shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased, and, if no heir is traceable, shall make over the surplus in the prescribed manner to the prescribed person. 5 the administrator general shall not charge in respect of his duties under this section any fee exceeding three per cent. of the gross amount coming to or remaining in his hands after payment of the regimental and other debts in camp or quarters. 1. subs. by act 31 of , s. 2, for the administrator generals act , 3 of w.e.f. . 2. subs. by act 31 of , s. 2, for the administrator generals act, 3 of w.e.f. .

section 2. of the army and air force disposal of private property act : in this act, unless the context otherwise requires, 1 committee means the committee of adjustment constituted under section 4 2 prescribed means prescribed by rules made under this act 3 regimental and other debts in camp or quarters includes i in relation to any person subject to the army act, 45 of , moneys due as military debts, namely, sums due in respect of or of any advance in respect of a quarters b mess, band and other regimental accounts c military clothing, appointments and equipments, not exceeding a sum equal to three months pay of the deceased and having become due within eighteen months before the date of his death and ii in relation to any person subject to the air force act, 45 of , moneys due as air force debts, namely, sums due in respect of or of any advance in respect of a quarters b mess, band and other service accounts c air force clothing, appointments and equipments, not exceeding a sum equal to three months pay of the deceased and having become due within eighteen months before the date of his death 4 representation includes probate, letters of administration, with or without the will annexed and a succession certificate, constituting a person executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person 5 representative means any person who has taken out representation, but does not include an administrator general 6 all words and expressions used herein and defined in the army act, 45 of , or the air force act, 45 of , and not in this act defined shall be deemed to have the meaning respectively attributed to them by those acts.

section 3. of the army and air force disposal of private property act : 1 on the death or desertion of any person, not being an officer, subject to the army act, 45 of , or the air force act, 45 of , as the case may be, the commanding officer of the corps, department, detachment or unit to which the deceased or deserter belonged, shall, as soon as may be and subject to any rules that may be made in this behalf a secure all the movable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, b draw the pay and allowances due to such person, c make due provision for the payment of regimental and other debts in camp or quarters, if any, of such persons. 2 in the case of a deceased person, the commanding officer, a if in any case not otherwise provided for by rules made under this act it appears to him to be necessary to make provision for the payment of regimental and other debts in camp or quarters, the funeral expenses of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, shall, and b in any other case, may, collect all moneys left by the deceased in any banking company including any post office savings bank, cooperative bank or society or any other institution receiving deposits in money however named and for that purpose may require the agent, manager or other proper officer of such banking company, society or other institution to pay the moneys to the commanding officer forthwith, notwithstanding anything in the rules of the banking company, society or other institution, and such agent, manager or other officer shall be bound to comply with the requisition. 3 where any money has been paid by a banking company, society or other institution in compliance with a requisition made under subsection 2, no person shall have any claim against the banking company, society or other institution in respect of such money. 4 where the representative of a deceased has given security to the satisfaction of the commanding officer for the payment of the regimental and other debts in camp or quarters, if any, and of the funeral expenses of the deceased in cases where no provision for the payment of such expenses has been made otherwise and of the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, the commanding officer shall deliver over the property received by him under subsections 1 and 2 to that representative, whereupon his responsibility for the administration of the estate of the deceased shall cease. 5 in the case of a deceased whose estate has not been dealt with under subsection 4, or under section 10, and in the case of a deserter, the commanding officer, i if in any case it is necessary in his opinion so to do for the purpose of securing the payment of the regimental and other debts in camp or quarters of the deceased or deserter, the funeral expenses of the deceased, if any, and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, shall, and ii in any other case, may cause the movable property of the deceased or deserter, as the case may be, to be sold or converted into money. 6 the commanding officer shall, out of the moneys received, collected or realised under subsections 1, 2 and 5, pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter, as the case may be, the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased or deserter, and in the case of a deceased his funeral expenses in cases where no provision for the payment of such expenses has been made otherwise. 7 the surplus, if any, after payment of the debts and expenses specified in subsection 6, shall, a in the case of a deceased, be paid to his representative, if any, or in the event of no claim to such surplus being established within twelve months after the death, to the prescribed person and b in the case of a deserter, be forthwith paid to the prescribed person, and shall, on the expiry of three years from the date of desertion, be forfeited to the central government, unless the deserter shall have surrendered or been apprehended in the meantime: provided that the prescribed person may, if the deserter has not surrendered or been apprehended in the meantime, pay the whole or any part of the surplus received by him under clause b to the wife or children or any other dependant of the deserter at any time during the said period of three years. explanation.in this section and in section 4, the word officer with reference to persons subject to the air force act, 45 of , includes a warrant officer who has died or deserted.

section 9. of the army and air force disposal of private property act : where any part of the estate of a deceased person consists of effects, securities or other property not converted into money, the provisions of subsection 7 of section 3, clause ii of section 4 and section 8, with respect to the payment of the surplus, shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a representative of the deceased.

section 4. of the army and air force disposal of private property act : the provisions of section 3 shall also apply to the disposal of the property of any officer subject to the army act, 45 of , or the air force act, 45 of , who dies or deserts, but with the following modifications, namely: i the functions of the commanding officer under section 3 shall be performed by a committee of adjustment constituted in this behalf in the prescribed manner ii the surplus, if any, after payment of the debts and expenses specified in subsection 6 of section 3, shall in the case of a deceased officer, be paid to the prescribed person.

section 10. of the army and air force disposal of private property act : property deliverable and money payable to the representative of a deceased under section 3 or section 4 or section 8 may, if the total amount or value thereof does not exceed 1two lakhs rupees and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased without requiring such person to produce any probate, letters of administration, succession certificate or other such conclusive evidence of title. 1. subs. by s. 3, ibid., for ten thousand w.e.f. .

section 5. of the army and air force disposal of private property act : if in any case a doubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceased or deserter or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes.

section 6. of the army and air force disposal of private property act : for the purpose of the exercise of his or its duties under section 3 or section 4, the commanding officer or the committee, as the case may be, shall, to the exclusion of all other persons and authorities whomsoever or whatsoever, have the same rights and powers as if he or it had taken out representation to the estate of the deceased, and any receipt given by the commanding officer or the committee, as the case may be, shall have effect accordingly.

section 15. of the army and air force disposal of private property act : when an officer dies or deserts or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the references in the foregoing provisions of this act to the committee shall be construed as references to the standing committee of adjustment, if any, constituted in this behalf in the prescribed manner and such standing committee shall alone be entitled to perform all the functions of the committee under this act.

section 12. of the army and air force disposal of private property act : any property coming into the hands of the commanding officer or the committee or the prescribed person under section 3, section 4 or subsection 4 of section 7 shall not, by reason thereof, be deemed to be assets of effects at the place in which that commanding officer or the committee or the prescribed persons is stationed, and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.

section 17. of the army and air force disposal of private property act : repeals.rep. by the repealing and amending act, 36 of , s. 2 and the first schedule.

section 13. of the army and air force disposal of private property act : after the commanding officer, or the committee has paid to the prescribed person the surplus of the property of any deceased under subsection 7 of section 3 or clause ii of section 4, any representative of the deceased or any administrator general, shall, as regards any property of the deceased not collected by the commanding officer or the committee, as the case may be, and not forming part of the aforesaid surplus, have the same rights and duties as if sections 3 and 4 had not been enacted.

section 11. of the army and air force disposal of private property act : any payment or application of money or application, delivery, sale or other disposition of any property made, or purported to be made, by the commanding officer, the committee or the prescribed person in good faith in pursuance of section 3, section 4, section 8, section 9 or section 10 shall be valid and shall be a full discharge to the commanding officer, the committee or the prescribed person, as the case may be, and to the central government from all further liability in respect of that money of property but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased against any person to whom such payment or delivery has been made.

section 14. of the army and air force disposal of private property act : the provisions of sections 3 to 13 shall, so far as they can be made applicable, also apply in the case of a person subject to the army act, 45 of , or the air force act, 45 of , as the case may be, who, notwithstanding anything contained 1the mental health act, 14 of , is ascertained in the prescribed manner to be of unsound mind, or who, while on active service, is officially reported missing, as if he had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing: provided that in the case of a person so reported missing, no action shall be taken under subsection 2 to 6 or section 3 or section 4 or section 7 until such time as he is officially presumed to be dead. 1. subs. by act 31 of , s. 4, for the indian lunacy act, 4 of w.e.f. .

section 16. of the army and air force disposal of private property act : show related subordinates 1 the central government may, by notification in the official gazette, make rules1 for the purpose of carrying into effect the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may a prescribe the manner in which any property belonging to a deceased or deserter may be secured or collected and his regimental and other debts in camp or quarters paid b provide for the payment of the funeral expenses of any deceased c provide for the constitution of the committee of adjustment or any standing committee of adjustment under this act d specify the person who shall be regarded as the prescribed person for the purposes of this act e prescribe the circumstances in which the estate of any deceased shall be handed over to the administrator general f prescribe the form and manner in which a notice under section 8 shall be published g prescribe the procedure by which any person may be ascertained to be of unsound mind. 23 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 20 of , s. 2, and the schedule w.e.f. . 2. for the army and air force disposal of private property rules, , see gazette of india, , part ii, s. 4.

section 8. of the rampur raza libraryact : show related subordinates 1 before nominating a person to be a member of the board, the central government or the state government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member, and the central government or the state government, as the case may be, shall also satisfy itself from time to time with respect to every member nominated by it that he has no such interest and any person who is or whom the central government or the state government, as the case may be, proposes to nominate and who has consented to be a member shall, whenever requested by the central government or the state government so to do, furnish to it such information with regard to his financial or other interest in the library as that government considers necessary for the performance by it of its duties under this subsection. 2 a nominated member who is, in any way, whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement, entered into or to be entered into, by or on behalf of the board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his concern or interest at a meeting of the board and the disclosure shall be recorded in the minutes of the board and the member shall not take any part after such disclosure in the discussion, or vote, on the contract or arrangement and if he does vote, his vote shall be void.

section 1. of the rampur raza libraryact : show related subordinates 1 this act may be called the rampur raza library act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st july, , vide notification no. g.s.r. 354e, dated 26th june, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the rampur raza libraryact : show related subordinates in this act, unless the contest otherwise requires, a board means the board established under section 4 b chairman means the chairman of the board c deed of trust means the deed of trust executed by the late nawab sir syed raza ali khan bahadur of rampur, on the 6th august, , and registered as no. 103, book iv, volume no. 8, on pages 74 to 93 of the office of the officiating chief subregistrar, rampur d fund means the fund referred to in section 19 e library means the rampur raza library, which is declared by this act to be an institution of national importance f member means a member of the board and includes the chairman, and also includes the vicechairman, if any g prescribed means prescribed by rules made under this act h rampur means the headquarters of the district of rampur in the state of uttar pradesh i state government means the government of the state of uttar pradesh.

section 7., not to invalidate acts. of the rampur raza libraryact : show related subordinates no act of the board shall be invalid merely by reason of a any vacancy in, or defect in the constitution of, the board, or b any defect in the nomination of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 6. of the rampur raza libraryact : show related subordinates 1 the term of office of nominated members shall be such as may be prescribed. 2 any nominated member may resign his office by giving notice in writing to the government nominating him, and on such resignation being notified by the central government in the official gazette, he shall be deemed to have vacated his office on the date of publication of such notification. 3 if the office of any nominated member is vacated before the expiry of the term of his office, the resulting vacancy may be filled by fresh nomination by the government by which such member was nominated, and the member so nominated shall hold office for the remainder of the term of office of the member in whose place he is nominated. 4 an outgoing member shall be eligible for renomination. 5 if any nominated member is, by infirmity or otherwise, rendered temporarily incapable of carrying out his duties or is absent on lave or otherwise in circumstances not involving the vacation of his office, the central government or the state government, as the case may be, may nominate another person to act in his place during his absence.

section 5. of the rampur raza libraryact : show related subordinates 1 the board shall consist of the following persons, namely: a the governor of the state of uttar pradesh, ex officio, who shall be the chairman b shri syed murtaza ali khan, for life, who shall be the vicechairman c colonel bashir hussain zaidi, for life d the accountantgeneral, uttar pradesh, ex officio e a descendant of the late nawab sir syed raza ali khan bahadur of rampur, to be nominated by the central government f four persons to be nominated by the central government, out of whom i two shall be persons who, in the opinion of the central government, have expert knowledge with regard to the collections in the library or are distinguished historians or scholars of arabic, persian or urdu, ii one shall be an officer, not below the rank of a deputy secretary to the government of india in the department dealing with matters connected with the library, iii one shall be a person who, in the opinion of the central government, has expert knowledge of, and experience in, management of public libraries g the collector and district magistrate, rampur, ex officio h three other persons, of whom at least two shall be scholars of repute, to be nominated by the state government i the director of the library, ex officio, who shall be the membersecretary. 2 every nomination made under this section shall be notified by the central government in the official gazette and every nomination so notified shall take effect from the date of the notification.

section 12. of the rampur raza libraryact : show related subordinates 1 subject to the provisions of subsection 2, the board may, for the purpose of enabling it efficiently to perform its functions under this act, appoint such number of officers and other employees as it may think fit. 2 the recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this act.

section 14. of the rampur raza libraryact : show related subordinates the library and the collections thereof shall continue to be located at rampur.

section 15. of the rampur raza libraryact : show related subordinates 1 on the establishment of the board i all properties, funds and dues which are vested in, or realisable by, the trustees of the library constituted by the deed of trust, in their capacity as such, shall vest in, and be realisable by, the board and ii all liabilities in relation to the library, which are enforceable against the said trustees, shall be enforceable only against the board. 2 all properties, which may, after the establishment of the board, be given, bequeathed or otherwise transferred to the library or acquired by the board, shall vest in the board.

section 16. of the rampur raza libraryact : 1 subject to the provisions of the deed of trust, it shall be the general duty of the board to manage the library and to plan, promote, organise and implement programmes for the development of the library on modern scientific lines including provision of adequate facilities for preservation and photoduplication of rare manuscripts and to perform such other functions as the central government may, from time to time, assign to the board. 2 in particular and without prejudice to the generality of the foregoing provisions, the board may take such steps as it thinks fit a to provide for instruction and research in matters relating to libraries and for the advancement of learning and dissemination of knowledge in such matters b to protect, enlarge and improve the collections in the library c to promote study and research and to provide facilities to scholars for this purpose d to do all such other things as may be necessary for the discharge of its functions under this act.

section 17. of the rampur raza libraryact : show related subordinates 1 subject to such conditions and restrictions as the central government may think fit to impose, the board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions and duties under this act. 2 subject to such regulations as may be made by the board in this behalf, the board may, from time to time, purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the board, be worthy of preservation in the library.

section 13. of the rampur raza libraryact : show related subordinates subject to the provisions of this act, every person employed in the library immediately before the date of establishment of the board shall, on and from such date, become an employee of the board with such designation as the board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the board had not been established and shall continue to do so unless and until his employment in the board is duly terminated or until such tenure, remuneration and terms and conditions are duly altered by the board: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 18. of the rampur raza libraryact : show related subordinates for the purpose of enabling the board to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the board in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise.

section 20. of the rampur raza libraryact : show related subordinates 1 the board shall, by such date in each financial year as may be specified by the central government, submit to it for approval a budget for the next financial year in the form specified by that government, showing therein the estimated receipts and expenditure, and the sums which would be required from the central government during that financial year. 2 the budget for a financial year, as approved by the central government for any financial year, shall be the budget of the library for that financial year. 3 if any sum granted by the central government to the library for any financial year remains wholly or partly unspent in that financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided for by the central government for that year. 4 subject to the provisions of subsection 5, no sum shall be expended by or on behalf of the board, unless the expenditure is covered by provision in the budget proved by the central government. 5 subject to such conditions and restrictions as the central government may think fit to impose, the board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose.

section 19. of the rampur raza libraryact : show related subordinates 1 the board shall maintain a fund to which shall be credited a all moneys paid to it by the central government b such sums of money as the state government may pay annually for specified purposes c all fees and other charges levied by it under this act d all moneys received by the board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer e all other money received by the board in any other manner or from any other source. 2 the board may expend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund. 3 a sum of money, not exceeding such sum as may be specified by regulations made under this act, shall be kept in current account with any nationalised bank, or any other scheduled or other bank approved by the central government in this behalf, but any moneys in excess of that sum shall be deposited in the reserve bank of india or with the agents of the reserve bank of india or invested in such manner as may be generally or specially approved by the central government. explanation. in this subsection, a nationalised bank means a corresponding new bank as defined in the banking companies acquisition and transfer of undertakings act, 5 of b scheduled bank means a bank included for the time being in the second schedule to the reserve bank of india act, 2 of .

section 23. of the rampur raza libraryact : show related subordinates in the discharge of its functions under this act, the board shall be bound by such directions on questions of policy as the central government may give to it from time to time: provided that the board shall be given an opportunity to express its views before any direction is given to it under this subsection.

section 21. of the rampur raza libraryact : show related subordinates 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balancesheet in such form as may be specified, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited annually by the comptroller and auditorgeneral of india or any officer authorised by him in this behalf, and any expenditure incurred by him in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 3 the controller and auditorgeneral of india and any person authorised by him in connection with the audit of the accounts of the board shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the board, and the library. 4 the accounts of the board, as certified by the comptroller and auditorgeneral of india or any other person authorised by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall, as soon as may be after the receipt thereof, cause the same to be laid before each house parliament.

section 22. of the rampur raza libraryact : show related subordinates 1 the board shall furnish to the central government, at such time and in such form and in such manner as the central government may direct, such returns, statements and particulars as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the board shall, as soon as possible after the commencement of each financial year, submit to the central government, within such time as may be specified by the central government, a report giving true giving true and full account of the activities of the board during the previous financial year and an account of activities likely to be undertaken during the current financial year.

section 26. of the rampur raza libraryact : show related subordinates no suit, prosecution or other legal proceeding shall lie against the board or any member, officer or other employee of the board for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder.

section 25. of the rampur raza libraryact : show related subordinates every officer or employee of the board shall, when acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 24. of the rampur raza libraryact : show related subordinates the board may, by general or special order in writing, direct that all or any of the powers or duties, which may be exercised or discharged by it, shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the board specified in this behalf in the order.

section 27. of the rampur raza libraryact : show related subordinates 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act: provided that when the board has been established, no such rules shall be made without consulting the board. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of, and the manner of filling casual vacancies among, the members nominated under clause e, clause f or clause h of subsection 1 of section 5 b the travelling and other allowances payable to a member other than the chairman and to a person associated with the board under section 10 c the disqualifications for membership of the board and the procedure to the followed in removing a member who is or becomes subject to any disqualification d the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the board e any other matter which has to be or may be prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 29. of the rampur raza libraryact : show related subordinates the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any law other than this act for the time being in force or any instrument having effect any virtue of any enactment other than this act.

section 28. of the rampur raza libraryact : show related subordinates 1 the board may, with the previous approval of the central government, 1by notification in the official gazette, make regulations, not inconsistent with the provisions of this act and the rules made thereunder, with regard to the discharge of its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the conditions and restrictions subject to which manuscripts and books in the library may be used b the manner in which, and the purposes for which, persons may be associated with the board c the time and place of meetings of the board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting of the board d the maintenance of minutes of meetings of the board and the transmission of copies thereof to the central government e the recruitment and conditions of service of officers and other employees of the board f the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the board g the maximum amount that may be kept by the board in a current account h the maintenance of registers and accounts i the compilation of catalogues and inventories of the manuscripts, books and other articles and things in the library j the steps to be taken for the preservation of the manuscripts, books and other articles and things in the library k the general management of the library l the fees and other charges to be levied for the use of any manuscript or book in the library m any other matter in respect of which provisions is, in the opinion of the board, necessary for the performance of its functions under this act. 3 the central government may, after consultation with the board, by notification in the official gazette, amend, vary or rescind any regulation which it has approved and thereupon the regulation shall have effect as so amended or varied or be of no effect, as the case may be, but without prejudice to the exercise of the powers of the board under subsections 1 and 2. 24 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 52 of , s. 2 w.e.f. . 2. ins. by act 52 of , s. 2 w.e.f. .

section 8. of the pondicherry administrationact : show related subordinates the central government may, by notification in the official gazette, extend with such restrictions and modifications as it thinks fit, to pondicherry and enactment which is in force in a state at the date of the notification.

section 1. of the pondicherry administrationact : show related subordinates 1 this act may be called the pondicherry administration act, . 2 it extends to the whole of pondicherry. 3 it shall be deemed to have come into force on the 16th day of august, .

section 2. of the pondicherry administrationact : show related subordinates in this act, unless the context otherwise requires, a administrator means the administrator of pondicherry appointed by the president under article 239 of the constitution b appointed day means the 16th day of august, , being the date of entry into force of the treaty of cession c former french establishments mean the territories which immediately before the appointed day were comprised in the french establishments in india known as pondicherry, karikal, mahe and yanam d high court means the high court at madras e law means any act, ordinance, regulation, rule, order, byelaw, decree or other provision by whatever name called having the force of law f pondicherry means the union territory comprising the territories of the former french establishments g treaty of cession means the treaty concluded between france and india on the 28th day of may, , establishing the cession of the french establishments by france to india in full sovereignty.

section 7. of the pondicherry administrationact : all taxes, duties, cesses and fees which, immediately before the appointed day, were being lawfully levied in the former french establishments or any part thereof shall continue to be levied in pondicherry and to be applied to the same purposes, until other provision is made by a competent legislature or other competent authority.

section 3. of the pondicherry administrationact : show related subordinates without prejudice to the powers of the central government to appoint from time to time such officers and authorities as may be necessary for the administration of pondicherry, all courts, tribunals, authorities and officers, whether in india or in the former french establishments, who immediately before the appointed day, were exercising lawful functions in connection with the administration of those establishments or any part thereof, including the council of government and the representative assembly, shall, unless otherwise directed at any time by the central government or the administrator in relation to any such court, tribunal, authority or officer, or until other provision is made by law, continue to exercise in connection with the administration of pondicherry their respective powers and jurisdiction and perform their respective duties and functions in the same manner and to the same extent as before the appointed day with such altered designation, if any, as that government may determine.

section 9. of the pondicherry administrationact : as from the 6th day of november, , the jurisdiction of the high court shall extend to pondicherry.

section 4. of the pondicherry administrationact : show related subordinates 1 all laws in force immediately before the appointed day in the former french establishments or any part thereof shall continue to be in force in pondicherry until amended or repealed by a competent legislature or other competent authority: provided that references in any such law to the president or government of the french republic shall be construed as references to the central government, references to the governor of the french establishments in india, to the commissioner of the republic for the french establishments in india, to the chief commissioner for the french establishments, to the chief commissioner of the state of pondicherry or to the chief commissioner, pondicherry, shall be construed as references to the administrator of pondicherry and references to the state of pondicherry shall be construed as references to pondicherry. 2 for the purpose of facilitating the application of any such law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the central government may, within three years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modifications so made.

section 10. of the pondicherry administrationact : 1 without prejudice to the generality of the provisions of section 9, the high court shall have, in respect of pondicherry, all such jurisdiction as under the law in force immediately before the appointed day was exercisable in respect of the former french establishments by the cour de cassation, the cour superieur d arbitrage and the counseil d etat of france: provided that while determining appeals from decisions of courts and tribunals in pondicherry, the high court shall, as far as may be, follow the same procedure and have the same power to pass any judgment, decree or order thereon, as it follows and has while determining appeals from decisions of courts in the state of 1tamil nadu. 2 all appeals and other proceedings from or in respect of any judgment, decree or order of any court or tribunal in the former french establishments pending immediately before the appointed day before the cour de cassation or the cour superieur d arbitrage or the counseil d etat of france and all original proceedings in relation to those establishments pending immediately before the appointed day before the counseil d etat shall, by virtue of this act, stand transferred to the high court and shall be disposed of by the high court in the exercise of jurisdiction conferred on it by this act, as if such appeals and other proceedings had been filed before the high court. explanation.all appeals and other proceedings filed before the appointed day but not transmitted to the cour de cassation or the cour superieur d arbitrage or the counseil d etat shall be deemed to be appeals or proceedings, as the case may be, pending before the court for the purposes of this subsection. 1. subs. by madras state alteration of name a.l.o., g.s.r. 112 of for madras.

section 5. of the pondicherry administrationact : show related subordinates for the avoidance of doubt, it is hereby declared that all property and assets within pondicherry which, immediately before the appointed day, vested in the government of the french republic shall, save as otherwise expressly provided in the treaty of cession, vest in the union.

section 6. of the pondicherry administrationact : show related subordinates subject to the provisions of the treaty of cession, all rights, liabilities and obligations of the government of the french republic in relation to or arising out of the administration of the former french establishments shall, as from the appointed day, be the rights, liabilities and obligations of the central government.

section 11. of the pondicherry administrationact : notwithstanding anything contained in the advocates act, 25 of , but subject to such rules as may be framed by the high court, any person who is entitled to practise before the tribunal superieur d appeal at pondicherry shall be recognised as an advocate entitled to practise in the high court in relation to cases coming before the high court from pondicherry.

section 18. of the pondicherry administrationact : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law in force in pondicherry.

section 12. of the pondicherry administrationact : the high court may, from time to time, make rules, consistent with this act, to provide for all or any of the following matters, namely: a the translation of any papers filed in the high court and the preparation of paper books for hearing all appeals and the copying, typing or printing of any such papers or translation and the recovery from the persons at whose instance or on whose behalf papers are filed of the expenses thereby incurred b the courtfees payable for instituting proceedings in the high court, the fees to be charged for processes issued by the high court or by any officer of the court and the amount payable in any proceeding in the high court in respect of fees of the advocate of any party to such proceedings c the procedure to be followed in the high court d the approval, admission, enrolment, removal and suspension of advocates from pondicherry.

section 13. of the pondicherry administrationact : show related subordinates 1 every order or decree purported to have been made by the cour de cassation, the cour superieur d arbitrage or the counseil d etat of france during the period commencing on the first day of november, , and ending on the appointed day, in any appeal or other proceeding from, or in respect of any judgment, decree or order of any court, tribunal or other authority in the former french establishments shall be deemed to have been validly made, in accordance with law and shall for all purposes have effect as if it were an order or a decree made by the high court in the exercise of the jurisdiction conferred by this act. 2 notwithstanding anything contained in subsection 1, where any decision has been rendered after the 17th march, , by any court in france in any case in which the respondent had no opportunity to appear for want of service of summons transmitted through the administration of the former french establishments, such decision shall be deemed never to have been rendered and shall be deemed to be pending before the court by which such decision was rendered and accordingly stand transferred to the high court or, as the case may be, to the court in pondicherry corresponding to the court in france in which the case shall be deemed to be pending. 3 as soon as may be after the 6th day of november, , the administrator shall transmit to the high court or, as the case may be, to the corresponding court, the record of every such case as is referred to in subsection 2, together with a certificate that the summons in that case was not served on the respondent.

section 14. of the pondicherry administrationact : show related subordinates 1 the periods of limitation for appeals to the high court shall be as set out below: s. no. description of appeal. period of limitation. time from which period begins to run. 1. civil appeal against any judgment or order. 90 days the date of the judgment or order. 2. criminal appeal against a sentence of death. 7 days the date of sentence. 3. criminal appeal against any sentence or order other than a sentence of death. 30 days the date of the sentence or order. 4. criminal appeal against an order of acquittal. 90 days the date of the order of acquittal. 5. labour appeal under section 207 of the french labour code, . 30 days the date of the judgment or order. 6. labour appeal under section 216 of the french labour code, . 30 days the date on which the report and the recommendation of the expert are communicated to the party appealing. 7. appeal against a judgment or order of the administrative tribunal at pondicherry. 90 days the date of the judgment or order. 2 except in the case of a criminal appeal against a sentence of death, in computing the period of limitation, the time taken for obtaining a certified copy of the judgment, order, report and recommendation, appealed against, as the case may be, shall be excluded. 3 in the case of an appeal preferred by an accused person under sentence and in custody, the date on which he lodges the memorandum of appeal with the superintendent of the jail in which he is detained shall be deemed to be the date of presentation of the appeal in the high court. 4 any appeal may be admitted after the period of limitation prescribed therefor when the appellant satisfies the court that he had sufficient cause for not preferring the appeal within such period.

section 19. of the pondicherry administrationact : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make any such provisions as appear to it to be necessary or expedient for removing the difficulty. 2 any order under subsection 1 may be made so as to be restrospective to any date not earlier than the appointed day

section 15. of the pondicherry administrationact : in computing the period of limitation under section 14 or under any other law, any period during which an appeal could not be filed or a proceeding could not be instituted because the jurisdiction of the high court did not extend to pondicherry shall be excluded.

section 20. of the pondicherry administrationact : 1 the pondicherry administration ordinance, 8 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act.

section 16. of the pondicherry administrationact : references in any law in force in pondicherry to the cour de cassation, the court superieur d arbitrage or the counsel d etat shall be construed as references to the high court.

section 17. of the pondicherry administrationact : for the purpose of facilitating the application of any law in relation to pondicherry, any court or other authority may construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

section 8. of the tea act : show related subordinates 1 there shall be an executive committee of the board constituted in the manner prescribed. 2 the executive committee shall exercise such of the powers and perform such of the duties of the board as may be prescribed, or as the board may delegate to it. 3 subject to such control and restrictions as may be prescribed, the board may constitute other standing committee or ad hoc committees for exercising any power or discharging any duty of the board or for enquiring into or reporting and advising on any matter which the board may refer to them. 4 a standing committee shall consist exclusively of members of the board. 5 an ad hoc committee may include persons who are not members of the board, but their number shall not exceed one half of its strength.

section 1. of the tea act : 1 this act may be called the tea act, . 2 it extends to the whole of india: provided that it shall not apply to the state of jammu and kashmir except to the extent to which the provisions of this act relate to the control of the export of tea from, and the cultivation of tea in, india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st april, see notification no. s.r.o. 943, dated the 17th march , gazette of india, extraordinary, , part ii, s. 3 . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the tea act : it is hereby declared that it is expedient in the public interest that union should take under its control the tea industry.

section 7. of the tea act : the board shall elect from among its members a vicechairman who shall exercise such of the powers and discharge such of the duties of the chairman as may be prescribed or as may be delegated to him by the chairman.

section 9.secretary and staff of the tea act : show related subordinates 1 the central government shall appoint 1a a deputy chairman to the board who shall assist the chairman in the performance of his duties and exercise such of the powers and perform such of the duties as may be prescribed or as may be delegated to him by the board or by a committee constituted by the board under section 8 or by the chairman 2aa a secretary to the board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board or the chairman. b all other officers of the board drawing 3a salary exceeding rupees one thousand seven hundred per month. 2 subject to such control and restrictions as may be prescribed, the board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. 3 the chairman, 4deputy chairman, secretary and other employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government. 1. ins. by act 32 of , s. 2 w.e.f.. 2. clause a relettered as clause aa by s. 2, ibid. w.e.f.. 3. subs. by s. 2, ibid., for certain words w.e.f. . 4. subs. by act 32 of , s. 2, for secretary and other employees w.e.f. .

section 5., not to invalidate acts and proceedings. of the tea act : no act done or proceeding taken by the board under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the board.

section 4. of the tea act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established for the purposes of this act a board to be called the tea board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the board shall consist of a chairman and such number of other members not exceeding forty as the central government may think expedient, to be appointed by that government by notification in the official gazette from among persons who are in its opinion capable of representing, a owners of tea estates and gardens and growers of tea b persons employed in tea estates and gardens c manufacturers of tea d dealers including both exporters and internal traders of tea e consumers f parliament g the governments of the principal teagrowing states h such other persons or class of persons, who, in the opinion of the central government, ought to be represented on the board. 13a it is hereby declared that the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 4 the number of persons to be appointed as members from each of the categories specified in subsection 3, the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the board shall be such as may be prescribed. 5 any officer of the central government when deputed by that government in this behalf shall have the right to attend meetings of the board and take part in the proceedings thereof but shall not be entitled to vote. 1. ins. by act 52 of , s. 2 w.e.f. .

section 10. of the tea act : 1 it shall be the duty of the board to promote, by such measures as it thinks fit, the development under the control of the central government of the tea industry. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to herein may provide for a regulating the production and extent of cultivation of tea b improving the quality of tea c promoting cooperative efforts among growers and manufacturers of tea d undertaking, assisting or encouraging scientific, technological and economic research and maintaining or assisting in the maintenance of demonstration farms and manufacturing stations e assisting in the control of insects and other pests and diseases affecting tea f regulating the sale and export of tea g training in tea testing and fixing grade standards of tea h increasing the consumption in india and elsewhere of tea and carrying on propaganda for that purpose i registering and licensing of manufacturers, brokers, tea waste dealers and persons engaged in the business of blending tea j improving the marketing of tea in india and elsewhere 1jj subscribing to the share capital of, or entering into any agreement or other arrangement whether by way of partnership, joint venture or in any other manner with, any body corporate for the purpose of promoting the development of tea industry or for promotion and marketing of tea, in india or elsewhere k collecting statistics from growers, manufacturers, dealers and such other persons as may be prescribed on any matter relating to the tea industry the publication of statistics so collected or portions thereof or extracts therefrom l securing better working conditions and the provisions and improvement of amenities and incentives for workers m such other matters as may be prescribed. 3 the board shall perform its functions under this section in accordance with and subject to such rules as may be made by the central government. 1. ins. by act 68 of , s. 2 w.e.f. .

section 3. of the tea act : in this act, unless the context otherwise requires, a board means the tea board constituted under section 4 b broker means a broker of tea c cess means 1the duty of excise imposed by section 25 2d commissioner of customs means a commissioner of customs as specified in clause b of section 3 of the customs act, 52 of e dealer means a dealer in tea f export means to take out of india by land, sea or air to any place outside india other than a country or territory notified in this behalf by the central government by notification in the official gazette g export allotment means the total quantity of tea which may be exported during any one financial year h fund means the tea fund referred to in section 27 i manufacturer means a manufacturer of tea j member means a member of the board k owner i with reference to a tea estate or garden or a subdivision there of the possession of which has been transferred by lease, mortgage or otherwise, means the transferee so long as his right to possession subsists and ii with reference to a tea estate or a garden or a subdivision for which an agent, is employed means the agent if, and in so far as, he has been duly authorized by the owner in that behalf l prescribed means prescribed by rules made under this act m standard export figure means such quantity as the central government may, by notification in the official gazette, specify pursuant to any international agreement in this behalf. n tea means the plant camellia sinensis l o. kuntze as well as all varieties of the product known commercially as tea made from the leaves of the plant camelia sinensis l o. kuntze including green tea o tea seed includes seeds, roots, stumps, cuttings, buds, and any living portion of the plant camellia sinensis l o. kuntze which may be used to propagate that plant. 1. subs. by act 21 of , s. 3, for the customsduty. 2. subs. by act 22 of , s. 86, for clause d w.e.f. .

section 12. of the tea act : 1 no one shall plant tea on any land not planted with tea on the date of commencement of this act unless permission has been granted to him in writing by or on behalf of the board. 2 no tea area shall be replaced by planting in tea on area not planted with tea unless permission has been granted in writing by or on behalf of the board. 3 nothing in this section shall prohibit the infilling or supplying of vacancies on land planted with tea on the date of commencement of this act or the replanting of tea upon i land planted with tea on the 31st day of march, , from which original bushes have been uprooted, or ii land plant with tea on the 31st day of march, , from which the original bushes have been uprooted.

section 6. of the tea act : the chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the central government.

section 15.grant of permission to plant tea in special circumstances of the tea act : 1 where any land which was on the 31st day of march , planted with tea including land planted with tea on the 31st day of march , from which the original bushes had been uprooted and which had not been replanted with tea on the said 31st day of march , or where any land planted with tea after the 31st day of march, a has since become wholly incapable of carrying tea through circumstances due to war, or through subsidence, flood, erosion, earthquake or other irresistible superhuman cause, or b has since been compulsorily acquired under the provisions of the land acquisition act, 1 of , or of any other law for the time being in force and no longer carries tea, or c has since been transferred to the central or a state government or to a local authority and no longer carries tea, or d has since been resumed by the lessor under the terms of any lease and no longer carries tea, wherever of the tea estate in which such land is situated may apply to the board for permission to plant tea on land not planted with tea. explanation.land taken for purposes connected with the prosecution of war on which tea bushes have been allowed to remain for protective purposes though no longer cultivated shall be deemed for the purposes of this section to be incapable of carrying or no longer to carry tea. 2 upon such application being made and upon proof to the satisfaction of the board that the application is entitled to the benefit of subsection 1 the board may by order grant permission to plant tea on land not planted with tea: provided that the area of land in respect of which such permission is granted shall be within the same or an adjacent district and shall belong to the same or an adjacent tea estate and shall not exceed in extent the area of the land incapable of carrying tea or compulsorily acquired, transferred or resumed, as the case may be. 3 all areas of land in respect of which permission to plant tea is granted under this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permission referred to in section 12 may be granted. 4 if any land falling within the explanation to subsection 1 is subsequently restored to the tea estate from which it was substracted, the owner of the estate shall either uproot the tea planted thereon, or uproot any tea planted by him in pursuance of a permission granted under subsection 2.

section 16. of the tea act : 1 the owner of a tea estate may establish nurseries on land not previously planted with tea for the growing of plants intended for infilling or supplying vacancies or for replanting land planted with tea within the area of the estate or for any other purpose approved by the board. 2 all area of land utilised for nurseries in accordance with this section shall be excluded when computing for the purpose of section 13 the total area of land in respect of which the permissions referred to in section 12 may be granted.

section 11. of the tea act : 1 the central government may, by notification in the official gazette, direct that the board shall be dissolved from such date and for such period as may be specified in the notification. 2 when the board is dissolved under the provisions of subsection 1 a all members shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all funds and other property vested in the board shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act.

section 13. of the tea act : show related subordinates 1 subject to the provisions contained in sections 15 and 16, the total area of land in respect of which the permission referred to in section 12 may be granted, shall not exceed such area as may be determined by the board under the general instructions of the central government. 2 the total area of land in any state in respect of which such permission may be granted shall be such as may be determined by the board: provided that the board may vary the total area so determined for any state in order to increase or diminish for another state the area in respect of which such permission may be granted by an amount corresponding to the extent to which the area in the first mentioned state has been diminished or increased. 3 the board shall publish the total area determined for india as well as the total areas determined for the various states by notification in the official gazette of the central government as soon as may be after the commencement of this act and shall in like manner publish any subsequent variation of such total areas.

section 14. of the tea act : 1 application for permission to plant tea on any land not planted with tea on the date of commencement of this act shall be made to the board and shall contain a clear statement of all special circumstances justifying the application. 2 the board may require an applicant to supply such information as it thinks necessary to enable the board to deal with the application. 3 subject to such conditions and restrictions as may be prescribed, the board may by order grant or refuse the permission applied for, or may in like manner grant it in part only or may call for further information from the applicant. 4 no order by the board under subsection 3 shall be called in question by any court.

section 16e. of the tea act : 116e. power to take over tea undertaking or tea unit without investigation under certain circumstances.1 without prejudice to any other provision of this act if, from the documentary or other evidence in its possession, the central government is satisfied, in relation to a tea undertaking or tea unit, that a the persons in charge of such tea undertaking or tea unit have, by reckless investment or 2by creation of incumbrances on the assets of the tea undertaking or tea unit, or by diversion of funds, brought about a situation which is likely to affect the production of tea manufactured or produced by the tea undertaking or tea unit, and that immediate action is necessary to prevent such a situation or b it has been closed for a period of not less than three months whether by reason of the voluntary winding up of the company owning the tea undertaking or tea unit or for any other reason and such closure is prejudicial to the concerned tea undertaking or tea, unit and that the financial condition of the company owning the tea undertaking or tea unit and the plant and machinery of such tea undertaking or tea unit are such that it is possible to restart the tea undertaking or tea unit and such restarting is necessary in the interests of the general public, it may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit or to exercise in respect of the whole or any part of the tea undertaking or tea unit such functions of control as may be specified in the order. 3explanation.for the purpose of this subsection, incumbrances includes any liability which may be recovered or satisfied from the assets of the tea undertaking or, as the case may be, tea unit or the person owning the tea undertaking or tea unit. 2 on the issue of a notified order under subsection 1 in respect of a tea undertaking or tea unit, a the provisions of subsections 2, 3 and 4 of section 16d, and the provisions of section 16g, shall apply to a notified order made under subsection 1 as they apply to a notified order made under subsection 1 of section 16d and b the provisions of subsections 3 and 4 of section 18aa of the industries development and regulation act, 65 of , shall apply to the tea undertaking or tea unit, as the case may be, to the same extent as they apply to an industrial undertaking. 1. ins. by act 75 of , s. 2 w.e.f. . 2. ins. by act 68 of , s. 3 w.e.f. . 3. ins. by act 68 of , s. 3 w.e.f. .

section 16a. of the tea act : 116a. definitions.1 in this chapter, unless the context otherwise requires, a authorised person means the person or body of persons authorised, or appointed, by the central government under this act to take over the management of any tea undertaking or tea units b company means a company within the meaning of section 3 of the companies act, 1 of c district average yield means the average yield of tea in the district in which one or more tea units are located, as published by the board d notified order means an order notified in the official gazette e tea undertaking means an undertaking engaged in the production or manufacture, or both, of tea through one or more tea units f tea unit means a tea estate or garden including a subdivision thereof, which has a distinct entity for which accounts are kept and has a factory of its own for the production and manufacture of tea. 2 references to an industrial undertaking in such of the provisions of the industries development and regulation act, 65 of , as apply to a tea undertaking or tea unit by virtue of the provisions of this chapter, shall be construed as references to a tea undertaking or tea unit, as the case may be, and references in the act aforesaid to any provision of that act, as applicable to a tea undertaking or tea unit, in relation to which a corresponding provision has been made in this act, shall be construed as references to such corresponding provision. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16b. of the tea act : 116b. power to cause investigation to be made in relation to a tea undertaking or tea unit.1 where the central government is of opinion in respect of a tea undertaking or a tea unit that a the tea undertaking or, as the case may be, the tea unit, has made losses in three out of five years immediately preceding the year in which such opinion is formed or b the average yield of the tea undertaking, or, as the case may be, the tea units, during three years out of five years immediately preceding the year in which such opinion is formed, has been lower than the district average yield by twentyfive per cent, or more or c the persons owning the tea undertaking, or, as the case may be, the tea unit, have habitually made default in the payment of wages, or provident fund dues of workers and other employees, or rent of the land, or duties of excise, or such other dues as they are under an obligation to pay under any law for the time being in force or d the tea undertaking, or, as the case may be, the tea unit, is being managed in a manner highly detrimental to the tea industry or to public interest, the central government may make, or cause to be made, a full and complete investigation into the affairs of the tea undertaking or, as the case may be, the tea unit, by such person or body or persons as it may appoint for the purpose. 2 where a company owning a tea undertaking is being wound up by or under the supervision of the court and the business of such company is not being continued, the central government may, if it is of opinion that it is necessary, in the interests of the general public, and, in particular, in the interest of production, supply or distribution of tea, to investigate into the possibility of running or restarting the tea undertaking, make an application to the court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body or persons as that government may appoint for the purpose and, where such an application is made, the court shall, notwithstanding anything contained in the companies act, 1 of , or in any other law for the time being in force, grant the permission prayed for. 3 the person or body of persons appointed to make any investigation under subsection 1 or, as the case may be, subsection 2, shall have the same powers as are specified in section 18 of the industries development and regulation act, 65 of . 1. ins. by act 75 of , s. 2 w.e.f. .

section 16g. of the tea act : 116g. application of act 1 of .1 where the management of a tea undertaking or tea unit owned by a company has been taken over by any person or body of persons authorised by the central government under this act, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such company, a it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to be a director of the company b no resolution passed in a meeting of the shareholders of such company shall be given effect to unless approved by the central government c no proceeding for the winding up of such company of for the appointment of receiver in respect thereof shall lie in any court except with the consent of the central government. 2 subject to the provisions contained in subsection 1, and to the other provisions contained in this act, and subject to such other exceptions, restrictions and limitations, if any, as the central government may, by notification in the official gazette, specify in this behalf, the companies act, 1 of , shall continue to apply to such company in the same manner as it applied thereto before the issue of the notified order. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16c. of the tea act : 116c. power of central government on completion of investigation.1 if, after making or causing to be made any such investigation as is referred to in subsection 1 of section 16b, the central government is satisfied that action under this section is desirable, it may issue such directions to the tea undertaking or tea unit concerned, as may be appropriate in the circumstances, for all or any of the following purposes, namely: a regulating the production of tea by the tea undertaking or, as the case may be, tea unit and fixing the standards of production b requiring the tea undertaking or, as the case may be, tea unit to take such steps as the central government considers necessary to stimulate the production, manufacture or plantation, of tea c prohibiting the tea undertaking or, as the case may be, tea unit from resorting to any act or practice which might reduce its production, capacity or economic value d controlling the prices, or regulating the distribution, of tea produced or manufactured by the tea undertaking or, as the case may be, tea unit. 2 where a case relating to any tea undertaking or tea unit is under investigation, the central government may issue, at any time, any direction of the nature referred to in subsection 1 to the tea undertaking or the tea unit concerned and any such direction shall have effect until it is varied or revoked by the central government. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16j. power of central government to make certain declarations in relation to tea undertakings or tea units of the tea act : 116j. power of central government to make certain declarations in relation to tea undertakings or tea units.the central government may, if it is satisfied in relation to a tea undertaking, tea unit or any part thereof, the management or control of which has been taken over under section 16d or under section 16e or under section 16i, that it is necessary so do in the interests of the general public with a view to preventing fall in the volume of the production of tea, exercise in relation to such tea undertaking or tea unit or part thereof the same powers as are exercisable by it in relation to an industrial undertaking under section 18fb of the industries development and regulation act, 65 of ,, and the said section and the third schedule referred to therein shall apply to a tea undertaking or tea unit accordingly. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16d. of the tea act : 116d. power of central government to assume management or control of tea undertaking or tea unit in certain cases.1 if the central government is of opinion that a a tea undertaking or tea unit, to which directions have been issued in pursuance of section 16c has failed to comply with such directions, or the tea undertaking or, as the case may be, the tea unit, has made losses in three out of five years immediately preceding the year in which such opinion is formed or b the average yield of the tea undertaking, or, as the case may be, the tea unit, during three years out of five years immediately preceding the year in which such opinion is formed, has been lower than the district average yield by twenty five per cent or more or c the persons owning the tea undertaking, or, as the case may be, the tea unit, have habitually made default in the payment of wages, or provident fund dues of workers and other employees, or rent of the land, or duties of excise, or in the payment of such other dues as are obligatory under any law for the time being in force or d the undertaking, or, as the case may be, the tea unit, is being managed in a manner highly detrimental to the tea industry or to public interest, the central government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit, as the case may be, or to exercise in respect of the whole or any part of the tea undertaking or, as the case may be, tea unit, such functions of control as may be specified in the order. 2 any notified order issued under subsection 1 shall have effect for such period, not exceeding five years as may be specified in the order: provided that if the central government is of opinion that it is expedient in the public interest that any such notified order should continue to have effect after the expiry of the period of five years aforesaid, it may from time to time issue directions for such continuance for such period, not exceeding one year at a time, as may be specified in the direction, so, however, that the total period of such continuance after the expiry of the said period of five years does not exceed 2six years and where any such direction is issued a copy thereof shall be laid, as soon as may be, before both houses of parliament. 3 any notified order issued under subsection 1 shall have the same effect as if it were an order made under subsection 1 of section 18a of the industries development and regulation act, 65 of , and the provisions of section 18b of that act shall apply accordingly. 4 notwithstanding anything contained in any law for the time being in force, no person, who ceases to hold any office by reason of the provisions contained in clause a, or whose contract of management is terminated by reason of the provisions contained in clause b, of section 18b of the industries development and regulation act, 65 of , as applicable to a tea undertaking or tea unit by virtue of the provisions of subsection 3, shall be entitled to any compensation for the loss of office or for the premature termination of his contract of management: provided that nothing contained in this section shall affect the right of any such person to recover from the tea undertaking or the tea unit, as the case may be, monies recoverable otherwise than by way of such compensation. 1. ins. by act 75 of , s. 2 w.e.f. . 2. subs. by act 38 of , s. 2, for two years w.e.f. .

section 16k. of the tea act : 116k. power of central government to call for report on the affairs and working of a managed tea undertaking or tea unit.1 where the management or control of a tea undertaking or tea unit, as the case may be, has been taken over under section 16d or under section 16e or under section 16i, the central government may, at any time during the continuance of such management or control, call for a report from the authorised person on the affairs and working of the tea undertaking or tea unit, and in submitting the report the authorised person shall take into account the inventory and list of members and creditors prepared under section 16l. 2 on receipt of the report submitted by the authorised person, the central government may exercise all or any of the powers conferred on it by sections 18fd, 18fe and 18ff of the industries development and regulation act, 65 of , to the same extent and subject to the same conditions, limitations or restrictions as are specified in the said sections, and the provisions of the said sections shall become applicable to a tea undertaking or tea unit, as the case may be. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16f., may be cancelled or varied. of the tea act : 116f. contracts in bad faith, etc., may be cancelled or varied.without prejudice to the provisions of section 18b of the industries development and regulation act, 65 of , as applicable to a tea undertaking or tea unit, as the case may be, the person or body of persons authorised under section 16d, or, as the case may be, section 16e, to take over the management of a tea undertaking or tea unit may, with the previous approval of the central government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into, at any time before the issue of the notified order under section 16d or section 16e, between the tea undertaking or the tea unit and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith or is detrimental to the interests of the tea undertaking or tea unit, make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose that contract or agreement, and the contract or agreement shall have effect accordingly. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16ll. of the tea act : 1 216ll. debts incurred and investments made by the authorised person to have priority. every debt arising out of any loan or any other financial accommodation obtained by the authorised person for carrying on the management of, or exercising functions of control in relation to, the whole or any part of a tea undertaking or tea unit, the management of which has been taken over or is purported to have been taken over under section 16d or section 16e or section 16i, a shall have priority over all other debts, whether secured or unsecured, incurred before the management of such tea undertaking or tea unit was taken over b shall be a preferential debt within the meaning of section 530 of the companies act, 1 of , and all such debts shall rank equally among themselves and be paid in full out of the assets of the tea undertaking or tea unit, unless such assets are insufficient to meet them, in which case they shall be recoverable from the owner of the tea undertaking or tea unit as arrears of land revenue notwithstanding that the period of management or control has ended due to expiry of the period for which it was taken over or due to cancellation of the order under section 16h or in pursuance of the order of any court. 1. ins. by act 75 of , s. 2 w.e.f. . 2. ins. by act 68 of , s. 4 w.e.f.

section 16h. of the tea act : 116h. power of central government to cancel notified order under section 16d or 16e.if, at any time, it appears to the central government on the application of the owner of a tea undertaking or tea unit or otherwise that the purpose of the order made under section 16d or section 16e, has been fulfilled or that for any other reason it is not necessary that the order should remain in force, the central government may, by notified order, cancel such order and, on the cancellation of any such order, the management or control, as the case may be, of the tea undertaking or tea unit, as the case may be, shall vest in the owner of that undertaking or unit. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16l. of the tea act : 116l. preparation of an inventory of the assets and liabilities and list of members and creditors of managed tea undertaking or tea unit.for the purposes of this act, the authorised person shall, as soon as may be after taking over the management of a tea undertaking or tea unit, prepare a complete inventory of the properties, belongings, liabilities and obligations of such tea undertaking or tea unit, as the case may be, and a list of members and creditors of such tea undertaking or tea unit, in accordance with the provisions of section 18fg of the industries development and regulation act, 65 of , and the said section shall apply to a tea undertaking or tea unit accordingly. 1. ins. by act 75 of , s. 2 w.e.f. .

section 16m. of the tea act : 116m. bar of suits and other proceedings in relation to the tea undertakings or tea units.no suit or other legal proceedings shall be instituted or continued against a tea undertaking or tea unit in respect of which an order has been made under section 16d or section 16e, except with the previous permission of the central government or of any officer authorised by that government in this behalf. 1. ins. by act 75 of , s. 2 w.e.f. .

section 20. of the tea act : show related subordinates 1 subject to such conditions as may be prescribed, any tea estate or any subdivision of a tea estate shall have the right to receive under this act an export quota for each financial year. 2 the export quota of a tea estate, or a subdivision of a tea estate, that is, the total quantity of tea which may be exported by the owner of a tea estate or a subdivision of a tea estate during the financial year, shall be an amount determined by the board in accordance with such principles as may be prescribed: provided that when an export allotment is altered under the provisions of section 19, the export quota shall be liable to be altered accordingly. 3 the total export quotas allotted to tea estates and to subdivisions thereof at any time during any financial year shall not exceed the export allotment for the time being for that year.

section 16n. of the tea act : 116n. rules made under act 65 of to apply.until any rule is made in relation to any matter referred to in this chapter, the rules made by the central government under the industries development and regulation act, , in relation to such matter shall, as far as may be, apply, to the extent they are not repugnant to any provision of this act or any rule made thereunder and references in such rules to the provisions of that act shall be construed accordingly. 1. ins. by act 75 of , s. 2 w.e.f. .

section 21. of the tea act : show related subordinates 1 the owner of a tea estate or a subdivision of a tea estate to which an export quota has been allotted for any financial year shall have the right to obtain at any time export licences during that year to cover the export of tea up to the amount of the unexhausted balance of the quota, that is, up to the amount of the quota less the amount for which the export licences have already been issued against it. 2 the right of the owner of a tea estate or a subdivision of a tea estate under this section may be transferred subject to such conditions as may be prescribed, and the transferee of any such right may again transfer the whole or any part of his right to the owner of a tea estate, or a subdivision of a tea estate but not to any other person: provided that nothing in this subsection shall operate to restrict the issue of licences for the export of tea expressed to be sold with export rights. 3 the owner of any tea estate or any subdivision of a tea estate to which an export quota has been allotted or any person to whom he has transferred his rights may at any time before the 21st day of march of the financial year to which the quota relates apply in writing to the board for an export licence to cover the export of tea up to the amount of the amount of the unexhausted balance of the quota. 4 every licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the end of the financial year in which it is issued: provided that, save as provided in section 22, the board shall not issue any export licence after the end of the financial year in which the application for licence was made.

section 17. of the tea act : show related subordinates 1 no tea shall be exported unless covered by a licence issued by or on behalf of the board. 2 no tea seed shall be exported unless covered by a permit issued by or on behalf of the central government. 3 no tea or tea seed shall be taken by land, sea or air out of any state to any of the 1 portuguese settlements bounded by india, unless covered by a permit issued by or on behalf of the board. 1. the words french or omitted by the a.o. no. 3, w.e.f. .

section 18. of the tea act : 1 no consignment of tea or tea seed shall be shipped or waterborne to be shipped for export or shall be exported until the owner has delivered to the customscollector a valid export licence or special export licence or a valid permit issued by or on behalf of the board or the central government, as the case may be, covering the quantity to be shipped. 2 no consignment of tea or tea seed shall be shipped or waterborne to be shipped for carriage or shall be taken by land or air to any of the 1 portuguese settlements bounded by india until the owner has delivered to the customscollector a permit issued by or on behalf of the board covering the quantity to be shipped. 3 no permit for the passage of any tea or tea seed by land into any of the 1 portuguese settlement bounded by india shall be granted under subsection 1 of section 5 of the land customs act, 19 of , unless the application for such permit is accompanied by a permit granted in this behalf by the board covering the quantity to be passed. 1. the words french or omitted by the a.o. no. 3, w.e.f. .

section 19. of the tea act : show related subordinates the central government shall, after consulting the board and paying due regard to all interests concerned and to the standard export figure, declare by notification in the official gazette, the export allotment for each financial year: provided that the central government may by subsequent notification at any time during, the financial year alter the export allotment and thereupon the export allotment as so altered shall be the export allotment for that year.

section 22. of the tea act : show related subordinates 1 where tea in respect of which an export licence has been or could have been granted under this act has not been exported before the end of the financial year in which the licence was or could have been issued, the person to whom the licence was or could have been granted may, before the 14th day of april of the following financial year forward an application to the board for a special export licence covering the same quantity of tea, and the board shall, on receipt of the prescribed fee, if any, issue a special export licence accordingly. 2 a person to whom a special export licence has been issued under subsection 1 may transfer the special export licence with all the rights conferred thereby to a person or persons nominated by him, but a licence once so transferred shall not be further transferable. 3 a special licence shall be in duplicate in the prescribed form, shall bear the date of its issue and shall be valid up to the 31st day of may of the financial year in which it was issued. 4 the quantity of tea covered by a special export licence shall be accounted for against the export quota of the year in which the original licence was or could have been issued under this act. 5 notwithstanding anything contained in the foregoing subsections the board may, with the general or special previous sanction of the central government, refuse to issue a special export licence or postpone for so long as the central government may require the issue of any special export licence.

section 27. of the tea act : 1 there shall be formed a fund to be called the tea fund, and there shall be credited thereto: a the proceeds of the cess made over to the board by the central government 1aa any sum of money including dividend, if any, realised by the board in carrying out any measure referred to in clause jj of subsection 2 of section 10 23ab any sum of money that may be paid to the board by way of grants of loans under section 26a b all fees levied and collected in respect of licences, permits and permissions issued under this act and c any other fee that may be levied and collected under this act or the rules made thereunder. 2 the fund shall be applied towards meeting the expenses of the board and the cost of the measures referred to in section 10. 1. ins. by act 68 of , s. 5, for clause aa w.e.f. . 2. ins. by act 22 of , s. 3 w.e.f. . 3. clause aa relettered as clause ab by act 68 of , s. 5 w.e.f. .

section 23. of the tea act : show related subordinates 1 the board shall maintain an account of every export quota showing, in addition to such other particulars as the board may think fit, the licences issued against it and the unexhausted balance. 2 any owner of a tea estate or a subdivision of a tea estate shall be entitled, on payment of the requisite fee, to a copy of the account relating to his quota certified in the manner laid down in the bylaws made by the board.

section 24. of the tea act : nothing in this chapter shall apply to tea a proved to the satisfaction of the 1commissioner of customs to have been imported into india from any part outside india or b shipped as stores on board any vessel or aircraft in such quantity as the customscollector considers reasonable having regard to the number of the crew and passengers and length of the voyage on which the vessel or aircraft is about to depart or c exported by post in packages 2not exceeding five kilograms in weight or d exported with the previous sanction of the central government, within the limits prescribed in this behalf, by a red cross society or by any organisation for providing amenities for troops overseas or e taken as part of the personal luggage of a passenger. 1. subs. by act 22 of , s. 86, for customs collector w.e.f. . 2. subs. by act 40 of , s. 8, for not exceeding ten pounds avoirdupois w.e.f..

section 25. of the tea act : show related subordinates 125. imposition of cess on tea produced in india.1 there shall be levied and collected as a cess for the purposes of this act a duty of excise of all tea produced in india 2at such rate not exceeding fifty paise per kilogram as the central government may, by notification in the official gazette, fix: 3provided that different rates may be fixed for different varieties or grades of tea having regard to the location of, and the climatic conditions prevailing in, the tea estates or gardens producing such varieties or grades of tea and any other circumstances applicable to such production. 2 the duty of excise levied under subsection 1 shall be in addition to the duty of excise leviable on tea under the central excises and salt act, 1 of , or any other law for the time being in force. 3 the provisions of the central excises and salt act, 1 of , and the rules made thereunder, including those relating to refund and exemption from duty, shall so far as may be, apply in relation to the levy and collection of the duty of excise under this section as they apply in relation to the levy and collection of the duty of excise on tea under the said act. 1. subs. by act 21 of , s. 4, for s. 25 w.e.f. . 2. subs. by act 24 of , s. 2, for at the rate of four paise per kilogram w.e.f. . 3. subs. by s. 2, ibid., for the proviso w.e.f. .

section 26a. grant and loans by the central government to the board of the tea act : 126a. grants and loans by the central government to the board.the central government may, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants of loans such sums of money as the central government may consider necessary. 1. ins. by act 22 of , s. 2 w.e.f. .

section 26. of the tea act : show related subordinates the proceeds of the cess levied under subsection 1 of section 25 shall first be credited to the consolidated fund of india, and the central government may thereafter, from time to time, pay to the board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection.

section 28. of the tea act : subject to such rules as may be made in this behalf, the board shall have power to borrow on the security of the fund or any other asset for any purposes for which the fund may be applied.

section 33. of the tea act : the central government may whenever it thinks it necessary so to do, by notification in the official gazette require that no person shall on and from such date as may be specified in the notification engage himself as a broker, manufacturer or dealer in tea waste or engage himself in the business of blending tea except under and in accordance with the provisions of a licence issued by the board in accordance with the rules made under this act and any person who on and after such date so engages himself without obtaining a licence issued by the board shall be deemed to have contravened the provisions of this section.

section 28a. of the tea act : 128a. writing off of losses.subject to such conditions as may be specified by the central government, where the board is of opinion that any amount due to, or any loss, whether of money or of property, incurred by the board is irrecoverable, the board may, with the previous approval of the central government, sanction the writing off finally of the said amount or loss: provided that no such approval of the central government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the agreegate in any year such amounts as may be prescribed. 1. ins. by act 24 of , s. 3 w.e.f. .

section 29. of the tea act : 1 the board shall cause accounts to be kept of all moneys received and expended by it. 2 the accounts shall be audited every year by auditors appointed in this behalf by the central government and such auditors shall disallow every item, which in their opinion is not authorized by this act or any rule made or direction issued thereunder. 3 the board may, within three months from the date of communication to it of the disallowance of any item, as aforesaid appeal against such disallowance to the central government whose decision shall be final.

section 30. of the tea act : show related subordinates 1 the central government may, by order notified in the official gazette, fix in respect of tea of any description specified therein a the maximum price or the minimum price or the maximum and minimum prices which may be charged by a grower of tea, manufacturer or dealer, wholesale or retail, whether for the indian market or for export b the maximum quantity which may in one transaction be sold to any person. 2 any such order may for reasons to be specified therein a fix prices for such tea differently in different localities or for different classes of dealers, or for growers of tea or manufacturers b instead of specifying the price or prices to be charged, direct that price or prices shall be computed in such manner and by reference to such matters as may be provided by the order. 3 the central government may, by general or special order a prohibit the disposal of tea or tea waste except in such circumstances and under such conditions as may be specified in the order b direct any person growing, manufacturing or holding in stock tea or tea waste to sell the whole or a part of such tea or tea waste so grown or manufactured during any specified period, or to sell the whole or a part of the tea or tea waste so held in stock, to such person or class of persons and in such circumstances as may be specified in the order c regulate by licences, permits or otherwise the production, storage, transport or distribution of tea or tea waste. 4 where in pursuance of any order made with reference to clause b of subsection 3, any person sells the whole or a part of any quantity of tea or tea waste, there shall be paid to him as price therefore a where the price can be fixed by agreement consistently with the order, if any, relating to the fixation of price issued under subsection 1, the price so agreed upon b where no such agreement can be reached, the price calculated with reference to any such order as is referred to in clause a c where neither clause a nor clause b applies, the price calculated at the market rate prevailing in the locality at the date of sale. 5 without prejudice to the generality of the powers conferred by subsection 1 and 3, any order made thereunder may provide a for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, tea or tea waste to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order b for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, the seizure by a person authorized to make such search, of tea or tea waste in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, the grant or issue of licences, permits or other documents and the charging of fees therefor.

section 31. of the tea act : 1 all acts and proceedings of the board shall be subject to the control of the central government which may cancel, suspend or modify as it thinks fit any action taken by the board. 2 the board shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act. 3 the records of the board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the central government.

section 32. of the tea act : any person aggrieved by an order of the board under section 14, section 15 or section 20 may appeal to the central government within sixty days from the date thereof and the central government may cancel, modify or suspend any such order.

section 34. of the tea act : any person authorized in this behalf by the central government or by the board or any member so authorized by the chairman in writing or any officer of the board may enter at all reasonable times any tea estate or any place or premises where tea or tea waste is stored, kept or exposed for sale and may require the production for his inspection of any book, register, record or other paper kept therein and ask for any information relating to the production, storage or keeping for sale of tea or tea waste.

section 40. of the tea act : where any person has been convicted of any offence under section 39, the convicting court may direct that the tea in respect of which the offence was committed shall be removed from the land within a specified time, and in the event of the order not being duly complied with, may cause the tea to be removed and may recover the cost from the person convicted as if it were an arrear of land revenue due on the tea estate on which the offence was committed.

section 35. of the tea act : 1 the board may serve by registered post a notice upon the owner of any tea estate or any subdivision of a tea estate or upon his manager, requiring him to furnish, within such period as it may specify in the notice, such returns relating to the production, sale and export of tea produced on the estate or to any other matter as it may deem necessary. 2 where the owner of any tea estate or any subdivision of a tea estate or his manager being required under subsection 1 to furnish any return fails to furnish such return within the period specified in the notice or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true, the board may refuse to allot an export quota to that estate or subdivision under section 20, or where an export quota has already been allotted, may cancel the unexhausted balance of that quota and refuse to issue any further export licences against that quota or recognise or give effect to any transfer of quota under section 21. 3 the board may serve by registered post a notice upon any manufacturer, broker, dealer or dealer in tea waste, requiring him to furnish, within such period as it may specify in the notice, such returns relating to the manufacture, stock, purchase, sale or export of tea or tea waste as it may deem necessary.

section 36. of the tea act : a breach of the provisions of subsection 1 or subsection 2 of section 18 shall be punishable as if it were an offence under item no. 8 of section 167 of the sea customs act, 8 of , and the provisions of section 168 and of chapter xvii of that act shall apply accordingly.

section 37. of the tea act : any person who being required by or under this act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to one thousand rupees.

section 38. of the tea act : any person who a obstructs a member authorized by the chairman in writing or an officer of the board or a person authorized in this behalf by the central government or by the board in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this act, or b having the control or custody of any account book or other period, fails to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 39. of the tea act : whoever knowingly plants tea or causes tea to be planted on any land in contravention of section 12 shall be punishable with fine which may extend to one thousand rupees for the first offence, and with fine which may extend to five thousand rupees for any subsequent offence.

section 41. of the tea act : 1 if any person contravenes any order made under subsection 1 or subsection 3 of section 30, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and the property in respect of which the order has been contravened or such part thereof as to the court may seem fit shall be forfeited to the central government. 2 any person who attempts to contravene or abets the contravention of, any order under subsection 1 or subsection 3 of section 30 shall be deemed to have contravened that order.

section 47. of the tea act : the central government may, by order notified in the official gazette, direct that any power exercisable by it under this act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein.

section 42. of the tea act : whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules made thereunder other than the provisions, punishment for the contravention whereof has been provided for in sections 36, 37, 38, 39 and 41 shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

section 43. of the tea act : 1 if the person committing an offence under this act, or the rules thereunder is a company, every person, who at the time the contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act or the rules thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other than association of individuals and b director in relation to a firm means a partner in the firm.

section 44. of the tea act : no court inferior to that a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 45. of the tea act : no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central government.

section 46. of the tea act : 11 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act of 2any rule of order made thereunder. 32 no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act or any rule or order made thereunder. 1. section 46 renumbered as subsection 1 thereof by act 68 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for the rules w.e.f. . 3. ins. by act 68 of , s. 6 w.e.f. .

section 51. of the tea act : 1 the indian tea control act, 8 of , and the central tea board act, 13 of , are hereby repealed. 2 all moneys and other property and all rights and interests, or whatever kind, owned by, vested in, used, enjoyed or possessed by, or held in trust by or for, the indian tea licensing committee constituted under the indian tea control act, 8 of , and the central tea board constituted under the central tea board act, 13 of , as well as all liabilities legally subsisting against that committee or that board shall pass to the board with effect from the commencement of this act. 3 all officers and other employees of the indian tea licensing committee and the central tea board who hold office as such immediately before the commencement of this act shall be deemed to have been appointed as officers or other employees of the board with effect from the commencement of this act and, notwithstanding anything contained in any contract of service entered into by any such officer or other employee with the indian tea licensing committee or the central tea board, shall be entitled to such pay and allowances and to such conditions of service in respect of other matters as may be determined by the board with the approval of the central government. 4 any proceedings taken by the indian tea licensing committee or the central tea board before the commencement of this act may be continued by the board after such commencement. 5 until action in that behalf is otherwise taken under the corresponding provisions of this act or the rules made thereunder, all licences, permits and permissions issued or granted, all export quotas allotted and all fees fixed under the provisions of the indian tea control act, 8 of , shall unless inconsistent with the provisions of this act, be deemed to have been issued, granted, allotted or fixed under the corresponding provisions of this act and the rules made thereunder. 6 any offence punishable under the indian tea control act, 8 of , or the central tea board act, 13 of , shall be punishable and may be dealt with as if it were an offence punishable under the corresponding provisions of this act. 7 any other thing or action done or taken before the commencement of this act by the indian tea licensing committee or the central tea board shall so long as it is not inconsistent with any of the provisions of this act, be as valid and effectual as if it had been done or taken by the board after the commencement of this act. 8 for the removal of doubts, it is hereby declared that the provisions contained in subsection 2 to 7 inclusive shall be without prejudice to the general application of section 6 of the general clauses act, 10 of . 9 if any difficulty arises in giving effect to any of the provisions of this act, the central government may as occasion may arise, by order, do anything which appears to be necessary for the purpose of removing the difficulty.

section 48. of the tea act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest, the central government may, by notification in the official gazette, suspend or relax to a specified extent either indefinitely or for such period as may be specified in the notification the operation of all or any of the provisions of this act. 2 where the operation of any provisions of this act has under subsection 1 been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this act remains in force be removed by the central government by notification in the official gazette.

section 49. of the tea act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rule for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the constitution of the board, the number of persons to be appointed as members from each of the categories specified in subsection 3 of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the board b the circumstances in which, and the authority by which, members may be removed c the holding of a minimum number of meetings of the board every year d the pay, allowances and other conditions of service of the 1deputy chairman, secretary and other officers appointed by the central government e the maintenance of records of all business transacted at meetings of the board and the submission of copies of such records to the central government f the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the board g the preparation of budget estimate of the receipts and expenditure of the board and the authority by which such estimates shall be sanctioned h the powers of the board and the executive committee and the chairman, in regard to the incurring of expenditure and the reappropriation of estimated savings in any budget head to another such head i the conditions subject to which the board may incur expenditure j the conditions subject to which the board may borrow 2ja the amounts for the purposes of the provision to section 28a k the form and the manner in which accounts should be kept by the board l the basis on which the export quota of a tea estate or a subdivision of a tea estate shall be determined m the conditions subject to which export quota, export licences and special export licences shall be transferable n the conditions subject to which permits for the planting of tea on land not carrying tea shall be granted o the collection of any information or statistics in respect of the tea industry and the tea trade p the fees to be levied in respect of licences, permits and permissions issued under this act q the procedure for the grant or issue of licences, permits and permissions under this act, the time within which such licences, permits or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such inquiry in regard thereto as may be necessary in the circumstances r the form of application for licences, permits or permissions under this act s the manner in which a broker or a dealer in tea waste or a manufacturer shall be licensed under this act and the levy of fees in respect of such licence t the matters which may be taken into account in the granting or issuing of any licence, permit or permission under this act including in particular the previous consultation with the central government by the board in regard to the grant or issue of any such licences, permits or permissions u the conditions which may be included in any licences, permits or permissions v the returns to be furnished by owners of tea estates, or subdivisions thereof, manufacturers, dealers and brokers relating to the production, manufacture, stock, sale and export of tea and tea waste and the form and manner in which such returns are to be furnished w the fees to be charged for granting certified copies of accounts of quotas x any other fee that may be necessary for the board to levy in order to determine or redetermine the basis on which export quota may be fixed y any other matter which is to be or may be prescribed. 33 every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 4in two or more successive sessions, and if, before the expiry of the session immediately following the sessions or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 32 of , s. 3, for secretary w.e.f. . 2. ins. by act 24 of , s. 4 w.e.f. . 3. subs. by act 22 of , s. 4, for subsection 3 w.e.f. . 4. subs. by act 32 of , s. 3, for in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, w.e.f. .

section 50. of the tea act : 1 the board may make bylaws consistent with this act and the rules made thereunder, to provide for a the dates, times and places of its meetings and of the meetings of the executive and other committees and quorum for such meetings, and the procedure thereat b the delegation of powers and duties to the executive or any other committee, or its chairman, vicechairman, 1deputy chairman, secretary or any other of its officers c the travelling allowances of members and of members of committees d the appointment, promotion and dismissal of its officers and other employees other than those appointed by the central government and the creation and abolition of their posts e the conditions of service of its officers and other employees other than those appointed by the central government, including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund for them f the maintenance of its accounts g the persons by whom, and the manner in which payments, deposits and investments may be made on its behalf h the custody of moneys required for its current expenditure and the investment of moneys not so required i the preparation of statements showing the sums allotted to departments of the central and state governments and other institutions. 2 no bylaw shall take effect until it has been confirmed by the central government and published in the official gazette, and the central government, in confirming a bylaw may make any change therein which appears to be necessary. 3 the central government may, by notification in the official gazette, cancel any bylaw which it has confirmed and thereupon the bylaws shall cease to have effect. 24 every rule made by this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the bylaw or both houses agree that the bylaw should not be made, the bylaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that bylaw. 1. subs. by act 32 of , s. 3, for secretary w.e.f. . 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 8. of the salary and allowances of leaders of opposition in parliament act : 1 subject to any rules made in this behalf by the central government, each leader of the opposition shall be entitled to telephone and secretarial facilities. 2 subject to any rules made in this behalf by the central government, each leader of the opposition shall be entitled to a conveyance allowance of 1 three thousand rupees per month: 2 provided that where a leader of the opposition is provided with conveyance facility with a driver for the purposes of security or otherwise for any period, he shall not be entitled to the conveyance allowance for that period. 1. subs. by act 7 of , s. 2, for three hundred rupees w.e.f. . 2. proviso ins. by s. 2, ibid. w.e.f. .

The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977

section 1. of the salary and allowances of leaders of opposition in parliament act : 1 this act may be called the salary and allowances of leaders of opposition in parliament act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st november, , vide notification no. g.s.r. 664e, dated 1st november, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the salary and allowances of leaders of opposition in parliament act : in this act, leader of the opposition, in relation to either house of parliament, means that member of the council of states or the house of the people, as the case may be, who is, for the time being, the leader in that house of the party in opposition to the government having the greatest numerical strength and recognised as such by the chairman of the council of states or the speaker of the house of the people, as the case may be. explanation.where there are two or more parties in opposition to the government, in the council of states or in the house of the people having the same numerical strength, the chairman of the council of states or the speaker of the house of the people, as the case may be, shall, having regard to the status of the parties, recognise any one of the leaders of such parties as the leader of the opposition for the purposes of this section and such recognition shall be final and conclusive.

section 7. of the salary and allowances of leaders of opposition in parliament act : no leader of the opposition in receipt of a salary or allowance under this act shall be entitled to receive any sum out of funds provided by parliament by way of salary or allowance in respect of his membership of either house of parliament.

section 8a. of the salary and allowances of leaders of opposition in parliament act : show related subordinates 1 8a. advance to leader of opposition for purchase of motor car.there may be paid to a leader of the opposition, by way of a repayable advance, such sum of money as may be prescribed by rules made in this behalf by the central government for the purchase of a motor car in order that he may be able to discharge conveniently and efficiently the duties of his office. 1. ins. by s. 3, ibid. w.e.f. .

section 3. of the salary and allowances of leaders of opposition in parliament act : 1 3. salary, and daily, constituency and sumptuary allowances.1 each leader of the opposition shall, so long as he continues as such leader, be entitled to receive a salary per mensem and allowance for each day at the same rates as are specified in section 3 of the salary, allowances and pension of members of parliament act, 30 of with respect to members of parliament. 2 each leader of the opposition shall also be entitled to receive a constituency allowance at the same rate as is for the time being specified under section 8 of the said act with respect to members of parliament. 3 there shall be paid to each leader of the opposition a sumptuary allowance of one thousand rupees per mensem: 2 provided that on and from the 17th day of september, , the sumptuary allowance shall be paid to each leader of the opposition at the same rate at which the sumptuary allowance is payable, under section 5 of the salaries and allowances of ministers act, 58 of , to every other minister who is a member of the cabinet. 1. subs. by act 78 of , s. 2, for section 3 w.e.f. . 2. ins. by act 29 of , s. 3 w.e.f. .

section 9. of the salary and allowances of leaders of opposition in parliament act : the date on which any person became or ceased to be a leader of the opposition shall be published in the official gazette, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, a leader of the opposition on that date for all the purposes of this act.

section 5. of the salary and allowances of leaders of opposition in parliament act : 1 1 subject to any rules made in this behalf by the central government, a leader of the opposition shall be entitled to a travelling allowances for himself and the members of his family and for transport of his and his familys effects i in respect of the journey to delhi from his usual place of residence outside delhi for assuming office and ii in respect of the journey from delhi to his usual place of residence outside delhi on relinquishing office and b travelling and daily allowances in respect of tours undertaken by him in the discharge of his duties as leader of the opposition, whether by sea, land or air. 2 2 on and from the commencement of the salaries and allowances of officers of parliament and leaders of opposition in parliament second amendment act, , a leader of the opposition and his family, whether travelling together or separately, shall be entitled to travelling allowance at the same rates and for the same number of return journeys as admissible to a minister and his family under subsection 1a of section 6 of the salaries and allowances of ministers act, 58 of . 1. section 5 renumbered as subsection 1 thereof by act 78 of , s. 3 w.e.f. . 2. subs. by act 56 of , s. 3, for subsection 2 w.e.f. .

section 6., to leaders of opposition. of the salary and allowances of leaders of opposition in parliament act : subject to any rules made in this behalf by the central government, a leader of the opposition and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the government and also to medical treatment.

section 4. of the salary and allowances of leaders of opposition in parliament act : 1 each leader of the opposition shall, so long as he continues as such leader and for a period of one month immediately thereafter, be entitled without payment of rent to the use of a furnished residence and no charge shall fall on the leader of the opposition personally in respect of the maintenance of such residence. 2 in the event of the death of a leader of the opposition, his family shall be entitled to the use of the furnished residence occupied by him a for a period of one month immediately after his death, without payment of rent and no charge shall fall on his family in respect of the maintenance of such residence and b for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf by the central government and also charges in respect of electricity and water consumed in that residence during such further period. explanation.for the purposes of this section, residence includes the staff quarters and other buildings appurtenant thereto, and the garden thereof, and maintenance in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water.

section 12.. of the salary and allowances of leaders of opposition in parliament act : amendment of act 33 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 9a. of the salary and allowances of leaders of opposition in parliament act : 1 9a.exemption from liability to pay incometax on certain perquisites received by a leader of the opposition.notwithstanding anything contained in the incometax act, 43 of , the value of rent free furnished residence including maintenance thereof provided to a leader of the opposition under subsection 1 of section 4 shall not be included in the computation of his income chargeable under the heading salaries under section 15 of the incometax act, . 1. ins. by act 78 of , s. 4 w.e.f. .

section 10. of the salary and allowances of leaders of opposition in parliament act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the rates at which rent shall be payable by the family of a deceased leader of the opposition to the use of the furnished residence occupied by him under clause b of subsection 2 of section 4 b the travelling and daily allowances admissible to a leader of the opposition under section 5 c the medical treatment admissible to a leader of the opposition and the members of his family under section 6 d the telephone and secretarial facilities admissible to a leader of the opposition and the conditions subject to which he shall be entitled to conveyance allowance under section 8 1 e the advance payable to a leader of the opposition under section 8a. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 7 of , s. 4 w.e.f. .

section 11.. of the salary and allowances of leaders of opposition in parliament act : amendment of act 33 of .rep. by the repealing and amending act, 19 of s. 2 and the first schedule w.e.f. .

section 8. of the patents act : 1 where an applicant for a patent under this act is prosecuting either alone or jointly with any other person an application for a patent in any country outside india in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application 1or subsequently 2within the prescribed period as the controller may allow 3a a statement setting out detailed particulars of such application and b an undertaking that, 4up to the date of grant of patent in india, he would keep the controller informed in writing, from time to time, of 5detailed particulars as required under clause a in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside india subsequently to the filing of the statement referred to in the aforesaid clause within the prescribed time. 62 at any time after an application for patent is filed in india and till the grant of a patent or refusal to grant of a patent made thereon, the controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside india, and in that event the applicant shall furnish to the controller information available to him within such period as may be prescribed. 1. ins. by act 38 of , s. 7 w.e.f. . 2. subs. by act 15 of , s. 6, for certain words w.e.f. . 3. subs. by act 38 of , s. 7, for clause a w.e.f. . 4. subs. by act 15 of , s. 6, for upto the date of the acceptance of his complete specification filed in india w.e.f. 11 . 5. subs. by act 38 of , s. 7, for details of the nature referred to in w.e.f. . 6. subs. by act 15 of , s. 6, for subsection 2 w.e.f. .

section 1. of the patents act : show related subordinates 1 this act may be called the patents act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. , vide notification no. s.o. 799, dated , in respect of the provisions of subsection 2 of s. 12 and subsection 2 of s. 13, s. 28, s. 68, and ss. 125 to 132 see gazette of india, part ii, sec. 3 ii. vide notification no. s.o. 300 dated , in respect of the provisions except subsection 2 of s. 12 and subsection 2 of s. 13, s. 28, s. 68 and ss. 125 to 132 see gazette of india, part ii, sec. 3 ii.

section 7. of the patents act : 1 every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office. 11a every international application under the patent cooperation treaty for a patent, as may be filed designating india, shall be deemed to be an application under this act, if a corresponding application has also been filed before the controller in india. 21b the filing date of an application referred to in subsection 1a and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the patent cooperation treaty. 2 where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application. 3 every application under this section shall state that the applicant is in possession of the invention and shall name the 3person claiming to be the true and first inventor and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor. 44 every such application not being a convention application or an application filed under the patent cooperation treaty designating india shall be accompanied by a provisional or a complete specification. 1. ins. by act 38 of , s. 6 w.e.f. . 2. ins. by act 15 of , s. 5 w.e.f. . 3. subs. by s. 5, ibid., for owner w.e.f. . 4. subs. by s. 5, ibid., for subsection 4 w.e.f. .

section 2. of the patents act : 1 in this act, unless the context otherwise requires, 1 ab assignee includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person 2aba budapest treaty means the budapest treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure done at budapest on 28th day of april, , as amended and modified from time to time ac capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry b controller means the controller general of patents, designs and trade marks referred to in section 73 c convention application means an application for a patent made by virtue of section 135 3d convention country means a country or a country which is member of a group of countries or a union of countries or an intergovernmental organisation 4referred to as a convention country in section 133 e district court has the meaning assigned to that expression by the code of civil procedure, 5 of f exclusive licence means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons including the patentee, any right in respect of the patented invention, and exclusive licensee shall be construed accordingly 5 h government undertaking means any industrial undertaking carried on i by a department of the government, or ii by a corporation established by a central, provincial or state act, which is owned or controlled by the government, or iii by a government company as defined in section 617 of the companies act, 1 of , 16or 6iv by an institution wholly or substantially financed by the government 7 8i high court, in relation to a state or union territory, means the high court having territorial jurisdiction in that state or union territory, as the case may be 9ia international application means an application for patent made in accordance with the patent cooperation treaty 10j invention means a new product or process involving an inventive step and capable of industrial application 11ja inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art k legal representative means a person who in law represents the estate of a deceased person 12l new invention means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art la opposition board means an opposition board constituted under subsection 3 of section 25 m patent means a patent for any invention granted under this act n patent agent means a person for the time being registered under this act as a patent agent o patented article and patented process mean respectively an article or process in respect of which a patent is in force 9oa patent cooperation treaty means the patent cooperation treaty done at washington on the 19th day of june, as amended and modified from time to time p patentee means the person for the time being entered on the register as the grantee or proprietor of the patent q patent of addition means a patent granted in accordance with section 54 r patent office means the patent office referred to in section 74 s person includes the government t person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates 13ta pharmaceutical substance means any new entity involving one or more inventive steps 14u prescribed means, a in relation to proceedings before a high court, prescribed by rules made by the high court 15 c in other cases, prescribed by rules made under this act v prescribed manner includes the payment of the prescribed fee w priority date has the meaning assigned to it by section 11 x register means the register of patents referred to in section 67 y true and first inventor does not include either the first importer of an invention into india, or a person to whom an invention is first communicated from outside india. 2 in this act, unless the context otherwise requires, any reference a to the controller shall be construed as including a reference to any officer discharging the functions of the controller in pursuance of section 73 b to the patent office shall be construed as including a reference to any branch office of the patent office. 1. clause a omitted by act 33 of , s. 13 w.e.f.. 2. ins. by act 15 of , s. 2 w.e.f. . 3. subs. by act 38 of , s. 3, for clause d w.e.f. . 4. subs. by act 15 of , s. 2, for notified as such under subsection 1 of section 133 w.e.f. . 5. clause g omitted by s. 2, ibid. w.e.f. . 6. ins. by act 15 of , s. 2 w.e.f. . 7. the words and includes the council of scientific and industrial research and any other institution which is financed wholly or for the major part by the said council omitted by s. 2, ibid. w.e.f. . 8. subs. by s. 2, ibid., for clause i w.e.f. . 9. ins. by act 38 of , s. 3 w.e.f. . 10. subs. by s. 3, ibid., for clause j w.e.f. . 11. subs. by act 15 of , s. 2, for clause ja w.e.f. . 12. subs. by s. 2, ibid., for clauses l and m w.e.f. . 13. ins. by act 15 of , s. 2 w.e.f. . 14. subs. by act 38 of , s. 3, for clause u w.e.f. . 15. subclause b omitted by act 33 of , s. 13 w.e.f. .

section 3. of the patents act : the following are not inventions within the meaning of this act, a an invention which is frivolous or which claims anything obviously contrary to well established natural laws 1b an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment c the mere discovery of a scientific principle or the formulation of an abstract theory 2or discovery of any living thing or nonliving substance occurring in nature 3d the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant. explanation.for the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy e a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance f the mere arrangement or rearrangement or duplication of known devices each functioning independently of one another in a known way 4 h a method of agriculture or horticulture i any process for the medicinal, surgical, curative, prophylactic 5diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals 6 to render them free of disease or to increase their economic value or that of their products. 5j plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals k a mathematical or business method or a computer programme per se or algorithms l a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions m a mere scheme or rule or method of performing mental act or method of playing game n a presentation of information o topography of integrated circuits p an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. 1. subs. by s. 4, ibid., for clause b w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3. subs. by act 15 of , s. 3, for clause d w.e.f. . 4. clause g omitted by act 38 of , s. 4 w.e.f. . 5. ins. by s. 4, ibid. w.e.f. . 6. the words or plants omitted by s. 4, ibid. w.e.f. .

section 9. of the patents act : 1 1 where an application for a patent not being a convention application or an application filed under the patent cooperation treaty designating india is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned. 2 where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications: 2provided that the period of time specified under subsection 1 shall be reckoned from the date of filing of the earliest provisional specification. 33 where an application for a patent not being a convention application or an application filed under the patent cooperation treaty designating india is accompanied by a specification purporting to be a complete specification, the controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this act, as a provisional specification and proceed with the application accordingly. 4 where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under subsection 3 as a provisional specification, the controller may, if the applicant so requests at any time before 4grant of patent, cancel the provisional specification and postdate the application to the date of filing of the complete specification. 1. subs. by s. 7, ibid., for subsection 1 w.e.f. . 2. the proviso ins. by act 15 of , s. 7 w.e.f. . 3. subs. by s. 7, ibid., for subsection 3 w.e.f. . 4. subs. by s. 7, ibid., for the acceptance of the complete specification w.e.f. .

section 4. of the patents act : no patent shall be granted in respect of an invention relating to atomic energy falling within subsection 1 of section 20 of the atomic energy act, 33 of .

section 5.. of the patents act : inventions where only methods or processes of manufacture patentable. omitted by the patents amendment act, 15 of , s. 4 w.e.f. .

section 11a. of the patents act : 1 , 211a. publication of applications. 31 save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as may be prescribed. 2 the applicant may, in the prescribed manner, request the controller to publish his application at any time before the expiry of the period prescribed under subsection 1 and subject to the provisions of subsection 3, the controller shall publish such application as soon as possible. 3 every application for a patent shall, on the expiry of the period specified under subsection 1, be published, except in cases where the application a in which secrecy direction is imposed under section 35 or b has been abandoned under subsection 1 of section 9 or c has been withdrawn three months prior to the period specified under subsection 1. 4 in case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period 4prescribed under subsection 1 or when the secrecy direction has ceased to operate, whichever is later. 5 the publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract. 6 upon publication of an application for a patent under this section a the depository institution shall make the biological material mentioned in the specification available to the public b the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public. 57 on and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application: provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted: provided further that the rights of a patentee in respect of applications made under subsection 2 of section 5 before the 1st day of january, shall accrue from the date of grant of the patent: provided also that after a patent is granted in respect of applications made under subsection 2 of section 5, the patentholder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of january, and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises. 1. subs. by act 38 of , s. 9, for the chapter heading examination of application w.e.f. . 2. ins. by s. 9, ibid. w.e.f. . 3. subs. by act 15 of , s. 10, for subsections 1 to 3 w.e.f. . 4. subs. by act 15 of , s. 10, for of eighteen months w.e.f. . 5. ins. by s. 10, ibid. w.e.f. .

section 6. of the patents act : 1 subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say, a by any person claiming to be the true and first inventor of the invention b by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application c by the legal representative of any deceased person who immediately before his death was entitled to make such an application. 2 an application under subsection 1 may be made by any of the persons referred to therein either alone or jointly with any other person.

section 10. of the patents act : 1 every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subjectmatter to which the invention relates. 2 subject to any rules that may be made in this behalf under this act, drawings may, and shall, if the controller so requires, be supplied for the purposes of any specification, whether complete or provisional and any drawings so supplied shall, unless the controller otherwise directs, be deemed to form part of the specification, and references in this act to a specification shall be construed accordingly. 3 if, in any particular case, the controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 1before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification. 4 every complete specification shall a fully and particularly describe the invention and its operation or use and the method by which it is to be performed b disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection and c end with a claim or claims defining the scope of the invention for which protection is claimed. 2d be accompanied by an abstract to provide technical information on the invention: provided that i the controller may amend the abstract for providing better information to third parties and ii if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clausesa and b, and if such material is not available to the public, the application shall be completed by depositing 3the material to an international depository authority under the budapest treaty and by fulfilling the following conditions, namely: 4a the deposit of the material shall be made not later than the date of filing the patent application in india and a reference thereof shall be made in the specification within the prescribed period b all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution c access to the material is available in the depository institution only after the date of the application for patent in india or if priority is claimed after the date of the priority d disclose the source and geographical origin of the biological material in the specification, when used in an invention. 54a incase of an international application designating india, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this act. 65 the claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification. 6 a declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification. 7 subject to the foregoing provisions of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent. 1. subs. by s. 8, ibid., for before the acceptance of the application w.e.f. . 2. ins. by act 38 of , s. 8 w.e.f. . 3. subs. by act 15 of , s. 8, for certain words w.e.f. . 4. subs. by s. 8, ibid., for subclause a w.e.f. . 5. subs. by s. 8, ibid., for subsection 4a w.e.f. . 6. subs. by act 38 of , s. 8, for subsection 5 w.e.f. .

section 11. of the patents act : 1 there shall be a priority date for each claim of a complete specification. 2 where a complete specification is filed in pursuance of a single application accompanied by a a provisional specification or b a specification which is treated by virtue of a direction under subsection 3 of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause a or clause b, the priority date of that claim shall be the date of the filing of the relevant specification. 3 where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in subsection 2 and the claim is fairly based on the matter disclosed a in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification b partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date. 13a where a complete specification based on a previously filed application in india has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed. 4 where the complete specification has been filed in pursuance of a further application made by virtue of subsection 1 of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed. 5 where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this subsection, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates. 6 in any case to which subsections 2, 3, 13a, 4 and 5 do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification. 7 the reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a postdating under section 9 or section 17 or, as the case may be, antedating under section 16, be a reference to the date as so postdated or antedated. 8 a claim in a complete specification of a patent shall not be invalid by reason only of a the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim or b the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. 1. ins. by act 15 of , s. 9 w.e.f. .

section 11b. of the patents act : 111b. request for examination.21 no application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period. 3 43 in case of an application in respect of a claim for a patent filed under subsection 2 of section 5 before the 1st day of january, a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person. 4 in case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under subsection 15 or subsection 3, the application shall be treated as withdrawn by the applicant: 6provided that i the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner and ii in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction. 1. ins. by s. 9, ibid. w.e.f. . 2. subs. by s. 11, ibid., for subsection 1 w.e.f. . 3. subsection 2 omitted by s. 11, ibid. w.e.f. . 4. subs. by s. 11, ibid., for subsection 3 w.e.f. . 5. the words, brackets and figure or subsection 2 omitted by s. 11, ibid. w.e.f. . 6. subs. by s. 11, ibid., for the proviso w.e.f. .

section 12. of the patents act : 11 when a request for examination has been made in respect of an application for a patent in the prescribed manner 2under subsection 1 or subsection 3 of section 11b, the application and specification and other documents related thereto shall be referred at the earliest by the controller to an examiner for making a report to him in respect of the following matters, namely: a whether the application and the 3specification and other documents relating thereto are in accordance with the requirements of this act and of any rules made thereunder b whether there is any lawful ground of objection to the grant of the patent under this act in pursuance of the application c the result of investigations made under section 13 and d any other matter which may be prescribed. 2 the examiner to whom the application and the 3specification and other documents relating thereto are referred under subsection 1 shall ordinarily make the report to the controller within 4such period as may be prescribed. 1. subs. by act 38 of , s. 10, for certain words w.e.f. . 2. subs. by act 15 of , s. 12, for certain words, brackets, figures and letter w.e.f. . 3. subs. by act 38 of , s. 10, for specification relating thereto w.e.f. . 4. subs. by act 15 of , s. 12, for a period of eighteen months from the date of such reference w.e.f. .

section 13. of the patents act : 1 the examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification a has been anticipated by publication before the date of filing of the applicants complete specification in any specification filed in pursuance of an application for a patent made in india and dated on or after the 1st day of january, b is claimed in any claim of any other complete specification published on or after the date of filing of the applicants complete specification, being a specification filed in pursuance of an application for a patent made in india and dated before or claiming the priority date earlier than that date. 2 the examiner shall, in addition, make such investigation 1 for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in india or elsewhere in any document other than those mentioned in subsection 1 before the date of filing of the applicants complete specification. 3 where a complete specification is amended under the provisions of this act before 2the grant of a a patent, the amended specification shall be examined and investigated in like manner as the original specification. 4 the examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the central government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon. 1. the words as the controller may direct omitted by act 38 of , s. 11 w.e.f. . 2 . subs. by act 15 of , s. 13, for it has been accepted w.e.f. .

section 17. of the patents act : 1 subject to the provisions of section 9, at any time after the filing of an application and 1before the grant of the patent under this act, the controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be postdated to such date as may be specified in the request, and proceed with the application accordingly: provided that no application shall be postdated under this subsection to a date later than six months from the date on which it was actually made or would, but for the provisions of this subsection, be deemed to have been made. 22 where an application or specification including drawings or any other documents is required to to be amended under section 15, the application or specification or other document shall, if the controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement. 1. subs. by s. 16, ibid., for before the acceptance of the complete specification w.e.f. . 2. subs. by act 38 of , s. 13, for subsection 2 w.e.f. .

section 14. of the patents act : 114. consideration of report of examiner by controller. where, in respect of an application for a patent, the report of the examiner received by the controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this act or of the rules made thereunder, the controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard. 1. subs. by s. 14, ibid., for sections 14 and 15 w.e.f. .

section 15., in certain cases. of the patents act : 115. power of controller to refuse or require amended applications, etc., in certain cases.where the controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this act or of any rules made thereunder, the controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so. 1. subs. by s. 14, ibid., for sections 14 and 15 w.e.f. .

section 16. of the patents act : 1 a person who has made an application for a patent under this act may, at any time 1before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application. 2 the further application under subsection 1 shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application. 3 the controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other. 2explanation. for the purposes of this act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period. 1. subs. by act 15 of , s. 15, for before the acceptance of the complete specification w.e.f. . 2. subs. by s. 15, ibid., for the explanation w.e.f. .

section 18. of the patents act : 1 where it appears to the controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause a of subsection 1 or subsection 2 of section 13, he may refuse to 1the application unless the applicant a shows to the satisfaction of the controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published or b amends his complete specification to the satisfaction of the controller. 2 if it appears to the controller that the invention is claimed in a claim of any other complete specification referred to in clause b of subsection 1 of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicants complete specification unless within such time as may be prescribed, a the applicant shows to the satisfaction of the controller that the priority date of his claim is not later than the priority date of the claim of the said other specification or b the complete specification is amended to the satisfaction of the controller. 3 if it appears to the controller, as a result of an investigation under section 13 or otherwise, a that the invention so far as claimed in any claim of the applicants complete specification has been claimed in any other complete specification referred to in clause a of subsection 1 of section 13 and b that such other complete specification was published on or after the priority date of the applicants claim, then, unless it is shown to the satisfaction of the controller that the priority date of the applicants claim is not later than the priority date of the claim of that specification, the provisions of subsection 2 shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicants complete specification. 1 1. subs. by act 15 of , s. 17, for to accept the complete specification w.e.f. . 2. subsection 4 omitted by act 15 of , s. 17 w.e.f. .

section 19. of the patents act : 1 if, in consequence of the investigations required 1under this act, it appears to the controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicants complete specification by way of notice to the public, unless within such time as may be prescribed a the applicant shows to the satisfaction of the controller that there are reasonable grounds for contesting the validity of the said claim of the other patent or b the complete specification is amended to the satisfaction of the controller. 2 where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under subsection 1 a that other patent is revoked or otherwise ceases to be in force or b the specification of that other patent is amended by the deletion of the relevant claim or c it is found, in proceedings before the court or the controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicants invention, the controller may, on the application of the applicant, delete the reference to that other patent. 1. subs. by s. 18, ibid., for by the foregoing provisions of this act or of proceedings under section 25 w.e.f. .

section 21. of the patents act : 121. time for putting application in order for grant. 1 an application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the controller. explanation.where the application for a patent or any specification or, in the case of a convention application or an application filed under the patent cooperation treaty designating india any document filed as part of the application has been returned to the applicant by the controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has refiled it or the applicant proves to the satisfaction of the controller that for the reasons beyond his control such document could not be refiled. 2 if at the expiration of the period as prescribed under subsection 1, a an appeal to the high court is pending in respect of the application for the patent for the main invention or b in the case of an application for a patent of addition, an appeal to the high court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under subsection 1, be extended until such date as the high court may determine. 3 if the time within which the appeal mentioned in subsection 2 may be instituted has not expired, the controller may extend the period as prescribed under subsection 1, to such further period as he may determine: provided that if an appeal has been filed during the said further period, and the high court has granted any extension of time for complying with the requirements of the controller, then the requirements may be complied with within the time granted by the court. 1. subs. by act 15 of , s. 19, for section 21 w.e.f. .

section 26. of the patents act : 126. in cases of obtaining controller may treat the patent as the patent of opponent.1 where in any opposition proceeding under this act the controller finds that a the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause a of subsection 2 of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent b a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention. 2 where an opponent has, before the date of the order of the controller requiring the amendment of a complete specification referred to in clause b of subsection 1, filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this act. 1. subs. by s. 23, ibid., for sections 25 and 26 w.e.f. .

section 20. of the patents act : 1 if the controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require. 2 no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants. 3 no such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless a the invention is identified therein by reference to the number of the application for the patent or b there is produced to the controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made or c the rights of the claimant in respect of the invention have been finally established by the decision of a court or d the controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under subsection 5. 4 where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone. 5 if any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.

section 22.. of the patents act : acceptance of complete specification.omitted by the patents amendment act, 15 of , s. 20 w.e.f. .

section 27.. of the patents act : refusal of patent without opposition.omitted by the patents amendment act, 15 of , s. 20 w.e.f. .

section 23.. of the patents act : advertisement of acceptance of complete specification.omitted by s. 20, ibid. w.e.f. .

section 25. of the patents act : 1,225. opposition to the patent. 1 where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the controller against the grant of patent on the ground a that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims b that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim i in any specification filed in pursuance of an application for a patent made in india on or after the 1st day of january, or ii in india or elsewhere, in any other document: provided that the ground specified in subclause ii shall not be available where such publication does not constitute an anticipation of the invention by virtue of subsection 2 or subsection 3 of section 29 c that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicants claim and filed in pursuance of an application for a patent in india, being a claim of which the priority date is earlier than that of the applicants claim d that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in india before the priority date of that claim. explanation.for the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in india before the priority date of the claim if a product made by that process had already been imported into india before that date except where such importation has been for the purpose of reasonable trial or experiment only e that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause b or having regard to what was used in india before the priority date of the applicants claim f that the subject of any claim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act g that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed h that the applicant has failed to disclose to the controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge i that in the case of a convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title j that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention k that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in india or elsewhere, but on no other ground and the controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed. 2 at any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the controller in the prescribed manner on any of the following grounds, namely: a that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims b that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim i in any specification filed in pursuance of an application for a patent made in india on or after the 1st day of january, or ii in india or elsewhere, in any other document: provided that the ground specified in subclause ii shall not be available where such publication does not constitute an anticipation of the invention by virtue of subsection 2 or subsection 3 of section 29 c that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in india, being a claim of which the priority date is earlier than that of the claim of the patentee d that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in india before the priority date of that claim. explanation.for the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in india before the priority date of the claim if a product made by that process had already been imported into india before that date except where such importation has been for the purpose of reasonable trial or experiment only e that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause b or having regard to what was used in india before the priority date of the claim f that the subject of any claim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act g that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed h that the patentee has failed to disclose to the controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge i that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in india by the patentee or a person from whom he derives title j that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention k that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in india or elsewhere, but on no other ground. 3 a where any such notice of opposition is duly given under subsection 2, the controller shall notify the patentee. b on receipt of such notice of opposition, the controller shall, by order in writing, constitute a board to be known as the opposition board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that board for examination and submission of its recommendations to the controller. c every opposition board constituted under clause b shall conduct the examination in accordance with such procedure as may be prescribed. 4 on receipt of the recommendation of the opposition board and after giving the patentee and the opponent an opportunity of being heard, the controller shall order either to maintain or to amend or to revoke the patent. 5 while passing an order under subsection 4 in respect of the ground mentioned in clause d or clause e of subsection 2, the controller shall not take into account any personal document or secret trial or secret use. 6 in case the controller issues an order under subsection 4 that the patent shall be maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly. 1. subs. by s. 22, ibid., for chapter heading w.e.f. . 2. subs. by s. 23, ibid., for sections 25 and 26 w.e.f. .

section 24.. of the patents act : effect of acceptance of complete specification.omitted by s. 20, ibid. w.e.f. . 1

section 28. of the patents act : 1 if the controller is satisfied, upon a request or claim made in accordance with the provisions of this section, a that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention and b that the application for the patent is a direct consequence of his being the inventor, the controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of patents: provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent. 2 a request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or where the person alleged to be the inventor is not the applicant or one of the applicants by the applicant and that person. 3 if any person other than a person in respect of whom a request in relation to the application in question has been made under subsection 2 desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf. 14 a request or claim under the foregoing provisions of this section shall be made before the grant of patent. 2 6 3where a claim is made under subsection 3, the controller shall give notice of the claim to every applicant for the patent not being the claimant and to any other person whom the controller may consider to be interested and before deciding upon any request or claim made under subsection 2 or subsection 3, the controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under subsection 3, any person to whom notice of the claim has been given as aforesaid. 7 where any person has been mentioned as inventor in pursuance of this section anyother person who alleges that he ought not to have been so mentioned may at any time apply to the controller for a certificate to that effect, and the controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly. 1. subs. by act 15 of , s. 25, for subsection 4 w.e.f. . 2. subsection 5 omitted by s. 25, ibid. w.e.f. . 3. subs. by s. 25, ibid., for subject to the provisions of subsection 5, where w.e.f. .

section 35. of the patents act : 1 where, in respect of an application made before or after the commencement of this act for a patent, it appears to the controller that the invention is one of a class notified to him by the central government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information 1. 2 where the controller gives any such directions as are referred to in subsection 1, he shall give notice of the application and of the directions to the central government, and the central government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of india, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly. 3 without prejudice to the provisions contained in subsection 1, where the central government is of opinion that an invention in respect of which the controller has not given any directions under subsection 1, is relevant for defence purposes, it may at any time before 2grant of patent notify the controller to that effect, and thereupon the provisions of that subsection shall apply as if the invention were one of the class notified by the central government, and accordingly the controller shall give notice to the central government of the directions issued by him. 1. the words to any person or class of persons specified in the directions omitted by act 38 of , s. 19 w.e.f. . 2. subs. by act 15 of , s. 28, for acceptance of complete specification w.e.f. .

section 29. of the patents act : 1 an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in india and dated before the 1st day of january, . 2 subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves a that the matter published was obtained from him, or where he is not himself the true and first inventor from any person from whom he derives title, and was published without his consent or the consent of any such person and b where the patentee or the applicant for the patent or any person from whom he derives title learned of the publication before the date of the application for the patent, or, in the case of a convention application, before the date of the application for protection in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: provided that this subsection shall not apply if the invention was before the priority date of the claim commercially worked in india, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title. 3 where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application or by any other person in consequence of any disclosure of any invention by that applicant.

section 30. of the patents act : an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the government or to any person authorised by the government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation.

section 36. of the patents act : 11 the question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be reconsidered by the central government at intervals of 2six months or on a request made by the applicant which is found to be reasonable by the controller and if, on such reconsideration it appears to the central government that the publication of the invention would no longer be prejudicial to the defence of india or in case of an application filed by a foreign applicant it is found that the invention is published outside india it shall forthwith give notice to the controller to revoke the direction and the controllers shall thereupon revoke the directions previously given by him. 2 the result of every reconsideration under subsection 1, shall be communicated to the applicant within such time and in such manner as may be prescribed. 1. subs. by act 38 of , s. 20, for subsection 1 w.e.f. . 2. subs. by act 15 of , s. 29, for twelve months w.e.f. .

section 31. of the patents act : an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of a the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the central government by notification in the official gazette, or the use thereof with his consent for the purpose of such an exhibition in the place where it is held or b the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid or c the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him or d the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society, if the application for the patent is made by the true and first inventor or a person deriving title from him 1not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be. 1. subs. by act 15 of , s. 26, for not later than six months w.e.f. .

section 33. of the patents act : 1 where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under subsection 3 of section 9 as a provisional specification, then, notwithstanding anything contained in this act, the controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in india or published in india or elsewhere at any time after the date of the filing of that specification. 2 where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this act, the controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in india or published in india or elsewhere at any time after the date of that application for protection.

section 32. of the patents act : an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in india a by the patentee or applicant for the patent or any person from whom he derives title or b by any other person with the consent of the patentee or applicant for the patent or any person from whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public.

section 34. of the patents act : notwithstanding anything contained in this act, the controller shall not refuse 1 to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. 1. the words to accept complete specification for a patent or omitted by act 15 of , s. 27 w.e.f. .

section 37. of the patents act : 1 so long as any directions under section 35 are in force in respect of an application a the controller shall not pass an order refusing 1to grant the same and b notwithstanding anything contained in this act, no appeal shall lie from any order of the controller passed in respect thereof: 2provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application. 2 where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 3is found to be in order for grant of the patent during the continuance in force of the directions, then a if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the government, the provisions of sections 100, 101 and 103 shall apply in relation to that use as if the patent had been granted for the invention and b if it appears to the central government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the central government may make to him such payment if any by way of solatium as appears to the central government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances. 3 where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force. 1. subs. by s. 30, ibid., for to accept w.e.f. . 2. subs. by act 15 of , s. 30, for the proviso w.e.f. . 3. subs. by s. 30, ibid., for is accepted w.e.f. .

section 38. of the patents act : when any direction given under section 35 is revoked by the controller, then, notwithstanding any provision of this act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this act in connection with the application, whether or not that time has previously expired.

section 44. of the patents act : where, at any time after a patent has been 1granted in pursuance of an application under this act, the controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 1granted, the controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly. 1. subs. by s. 34, ibid., for sealed w.e.f. .

section 40. of the patents act : without prejudice to the provisions contained in chapter xx, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the controller under section 35 1or makes or causes to be made an application for grant of a patent outside india in contravention of section 39, or the application for patent under this act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. 1. ins. by act 38 of , s. 22 w.e.f. .

section 39. of the patents act : 139. residents not to apply for patents outside india without prior permission.1 no person resident in india shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the controller, make or cause to be made any application outside india for the grant of a patent for an invention unless a an application for a patent for the same invention has been made in india, not less than six weeks before the application outside india and b either no direction has been given under subsection 1 of section 35 in relation to the application in india, or all such directions have been revoked. 2 the controller shall dispose of every such application within such period as may be prescribed: provided that if the invention is relevant for defence purpose or atomic energy, the controller shall not grant permit without the prior consent of the central government. 3 this section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside india by a person resident outside india. 1. subs by s. 31, ibid., for section 39 w.e.f. .

section 41. of the patents act : all orders of the controller giving directions as to secrecy as well as all orders of the central government under this chapter shall be final and shall not be called in question in any court on any ground whatsoever.

section 43. of the patents act : 1,243. grant of patents.1 where an application for a patent has been found to be in order for grant of the patent and either a the application has not been refused by the controller by virtue of any power vested in him by this act or b the application has not been found to be in contravention of any of the provisions of this act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register. 2 on the grant of patent, the controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection. 1. subs. by act 15 of , s. 32, for chapter heading w.e.f. . 2. subs. by s. 33, ibid., for section 43 w.e.f. .

section 42. of the patents act : nothing in this act shall be held to prevent the disclosure by the controller of information concerning an application for a patent or a specification filed in pursuance thereof to the central government for the purpose of the application or specification being examined for considering whether an order under this chapter should be made or whether an order so made should be revoked.

section 45. of the patents act : 11 subject to the other provisions contained in this act, every patent shall be dated as of the date on which the application for patent was filed. 2 the date of every patent shall be entered in the register. 3 notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 2the date of publication of the application. 1. subs. by act 38 of , s. 24, for subsection 1 we.f. . 2. subs. by act 15 of , s. 35, for certain words we.f. .

section 46. of the patents act : 1 every patent shall be in the prescribed form and shall have effect throughout india. 2 a patent shall be granted for one invention only: provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention.

section 51. of the patents act : 1where two or more persons are registered as grantee or proprietor of a patent, the controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto, as he thinks fit. 2 if any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default. 3 before giving any directions in pursuance of an application under this section, the controller shall give an opportunity to be heard a in the case of an application under subsection 1, to the other person or persons registered as grantee or proprietor of the patent b in the case of an application under subsection 2, to the person in default. 4 no direction shall be given under this section so as to affect the mutual rights or obligation of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent.

section 53. of the patents act : 11 subject to the provisions of this act, the term of every patent granted, after the commencement of the patents amendment act, , and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this act, shall be twenty years from the date of filing of the application for the patent. 2explanation.for the purposes of this subsection, the term of patent in case of international applications filed under the patent cooperation treaty designating india, shall be twenty years from the international filing date accorded under the patent cooperation treaty. 2 a patent shall cease to have effect notwithstanding anything therein or in this act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 3or within such extended period as may be prescribed. 4 54 notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to nonpayment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection. 1. subs. by act 38 of , s. 27, for subsection 1 w.e.f. . 2. the explanation ins. by act 15 of , s. 38 w.e.f. . 3. subs. by s. 38, ibid., for or within that period as extended under this sectionw.e.f. . 4. subsection 3 omitted by s. 38, ibid. w.e.f. . 5. ins. by act 38 of , s. 27 w.e.f. .

section 48. of the patents act : 148. rights of patentees.subject to the other provisions contained in this act and the conditions specified in section 47, a patent granted under this act shall confer upon the patentee a where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in india b where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in india. 2 1. subs. by act 38 of , s. 25, for section 48 w.e.f. . 2. the proviso omitted by act 15 of , s. 36 w.e.f. .

section 47. of the patents act : the grant of a patent under this act shall be subject to the condition that 1 any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the government for the purpose merely of its own use 2 any process in respect of which the patent is granted may be used by or on behalf of the government for the purpose merely of its own use 3 any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils and 4 in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the government or any other dispensary, hospital or other medical institution which the central government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the official gazette.

section 49., temporarily or accidentally in india. of the patents act : 1 where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into india including the territorial waters thereof temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention a in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only or b in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be. 2 this section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in india while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.

section 50. of the patents act : 1 where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. 2 subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to 1the rights conferred by section 48 for his own benefit without accounting to the other person or persons. 3 subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons. 4 where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee. 5 subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents and nothing contained in subsection 1 or subsection 2 shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such. 6 nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this act. 1. subs. by act 38 of , s. 26, for make, use, exercise and sell the patented invention w.e.f. .

section 55. of the patents act : 1a patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer: provided that if the patent for the main invention is revoked under this act, the court, or, as the case may be, the controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly. 2 no renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under subsection 1, the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.

section 52. of the patents act : 1 1where the patent has been revoked under section 64 on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2 3 court, instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the 2 3 court may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the 2 3 court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment. 2 where any such order is passed, the controller shall, on request by the petitioner made in the prescribed manner grant to him: i in cases where the 2 3 court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked ii in cases where the 2 3 court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed: provided that the controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the controller describing and claiming that part of the invention for which the patent is to be granted. 3 no suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted. 1. subs. by act 15 of , s. 37, for where a patent has been revoked w.e.f. . 2. subs. by s. 37, ibid., for court w.e.f. . 3. the word appellate board omitted by act 33 of , s. 13 w.e.f. .

section 54. of the patents act : 1 subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor in this act referred to as the main invention and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition. 2 subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the controller may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked. 3 a patent shall not be granted as a patent of addition unless the date of filing of the 1application was the same as or later than the date of filing of the 1application in respect of the main invention. 24 a patent of addition shallnot be granted before grant of the patent for the main invention. 1. subs. by act 15 of , s. 39, for complete specification w.e.f. . 2. subs. by s. 39, ibid., for subsection 4 w.e.f. .

section 56. of the patents act : 116. appellate board. oiomitted by the tribunals reforms act, 33 of 201, s. 13 w.e.f. 44 .

section 57. of the patents act : 1subject to the provisions of section 59, the controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 1or any document relating thereto to be amended subject to such conditions, if any, as the controller thinks fit: provided that the controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 1or any document relating thereto under this section while any suit before a court for the infringement of the patent or any proceeding before the high court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend. 2 every application for leave to amend an application for a patent 2or a complete specification or any document relating thereto under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made. 33 any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published. 4 where an application is 4published under subsection 3, any person interested may, within the prescribed period after the 5publication thereof, give notice to the controller of opposition thereto and where such a notice is given within the period aforesaid, the controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case. 5 an amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim. 66 the provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the controller issued before the grant of a patent. 1. ins. by act 38 of , s. 28 w.e.f. . 2. subs. by s. 28, ibid., for or a specification w.e.f. . 3. subs. by act 15 of , s. 40, for subsection 3 w.e.f. . 4. subs. by s. 40, ibid., for advertised w.e.f. . 5. subs. by s. 40, ibid., for advertisement w.e.f. . 6. subs. by s. 40, ibid., for subsection 6 w.e.f .

section 63. of the patents act : 1a patentee may, at any time by giving notice in the prescribed manner to the controller, offer to surrender his patent. 2 where such an offer is made, the controller shall 1publish the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent. 3 any person interested may, within the prescribed period after 2such publication give notice to the controller of opposition to the surrender, and where any such notice is given the controller shall notify the patentee. 4 if the controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent. 1. subs. by act 15 of , s. 46, for advertise w.e.f. . 2. subs. by s. 46, ibid., for such advertisement w.e.f. .

section 58. of the patents act : 158. amendment of specification before appellate board or high court.1 in any proceeding before the appellate board or the high court for the revocation of a patent, the appellate board or the high court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the appellate board or the high court may think fit, and if in any proceedings for revocation the appellate board or the high court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent. 2 where an application for an order under this section is made to the appellate board or the high court, the applicant shall give notice of the application to the controller, and the controller shall been titled to appear and be heard, and shall appear if so directed by the appellate board or the high court. 3 copies of all orders of the appellate board or the high court allowing the patentee to amend the specification shall be transmitted by the appellate board or the high court to the controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register. 1. subs. by s. 41, ibid., for section 58 w.e.f. .

section 64. of the patents act : 1 subject to the provisions contained in this act, a patent whether granted before or after the commencement of this act, may, 1be revoked on a petition of any person interested or of the central government by 2 on a counterclaim in a suit for infringement of the patent by the high court on any of the following grounds, that is to say a that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india b that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor: 3 c that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims d that the subject of any claim of the complete specification is not an invention within the meaning of this act e that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in india before the priority date of the claim or to what was published in india or elsewhere in any of the documents referred to in section 13: 3 f that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in india or what was published in india or elsewhere before the priority date of the claim: 3 g that the invention, so far as claimed in any claim of the complete specification, is not useful h that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in india possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection i that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification j that the patent was obtained on a false suggestion or representation k that the subject of any claim of the complete specification is not patentable under this act l that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise than as mentioned in subsection 3, before the priority date of the claim m that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge n that the applicant contravened any direction for secrecy passed under section 35 4or made or caused to be made an application for the grant of a patent outside india in contravention of section 39 o that leave to amend the complete specification under section 57 or section 58 was obtained by fraud 4p that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention q that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in india or elsewhere. 2 for the purposes of clauses e and f of subsection 1, a no account shall be taken of 5personal document or secret trial or secret use and b where the patent is for a process or for a product as made by a process described or claimed the importation into india of the product made abroad by that process shall constitute knowledge or use in india of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. 3 for the purpose of clause l of subsection 1, no account shall be taken of any use of the invention a for the purpose of reasonable trial or experiment only or b by the government or by any person authorised by the government or by a government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the government or person authorised as aforesaid or to the government undertaking or c by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title. 4 without prejudice to the provisions contained in subsection 1, a patent may be revoked by the high court on the petition of the central government, if the high court is satisfied that the patentee has without reasonable cause failed to comply with the request of the central government to make, use or exercise the patented invention for the purposes of government within the meaning of section 99 upon reasonable terms. 5 a notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person. 1. subs. by s. 47, ibid., for certain words w.e.f. . 2. the words by the appellate board omitted by act 33 of , s. 13 w.e.f. . 3. the proviso omitted by act 38 of , s. 31 w.e.f. . 4. ins. by act 38 of , s. 31 w.e.f. . 5. subs. by s. 31, ibid., for secret use w.e.f. .

section 59. of the patents act : 11 no amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment. 22 where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the controller or by 3 the high court, as the case may be, a the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto b the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible and c the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud. 3 in construing the specification as amended, reference may be made to the specification as originally accepted. 1. subs. by act 38 of , s. 29, for subsection 1 w.e.f. . 2. subs. by act 15 of , s. 42, for subsection 2 w.e.f. . 3. the words the appellate board or omitted by act 33 of , s. 13 w.e.f. .

section 60. of the patents act : 1 where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1period prescribed under section 53 or within such period as may be allowed under subsection 4 of section 142, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the controller, one or more of them without joining the others, may, within 2eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent. 3 3 an application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the controller may require from the applicant such further evidence as he may think necessary. 1. subs. by act 15 of , s. 43, for prescribed period or within that period as extended under subsection 3 of section 53 w.e.f. . 2. subs. by act 38 of , s. 30, for one year w.e.f. . 3. subsection 2 omitted by s. 30, ibid. w.e.f. .

section 61. of the patents act : 1 if, after hearing the applicant in cases where the applicant so desires or the controller thinks fit, the controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall 1publish the application in the prescribed manner and within the prescribed period any person interested may give notice to the controller of opposition thereto on either or both of the following grounds, that is to say, a that the failure to pay the renewal fee was not unintentional or b that there has been undue delay in the making of the application. 2if notice of opposition is given within the period aforesaid, the controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case. 3 if no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the controller is in favour of the applicant, the controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent. 4 the controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this act, has to be entered in the register but which has not been so entered. 1. subs. by act 15 of , s. 44, for advertise the application w.e.f. .

section 62. of the patents act : 1 where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 1publication of the application for restoration of the patent under this chapter. 2 no suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 2date of publication of the application for restoration of the patent. 1. subs. by s. 45, ibid., for advertisement w.e.f. . 2. subs. by s. 45, ibid., for date of the advertisement w.e.f. .

section 65. of the patents act : 165. revocation of patent or amendment of complete specification on directions from government in cases relating to atomic energy.1where at any time after grant of a patent, the central government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under subsection 1 of section 20 of the atomic energy act, 33 of , it may direct the controller to revoke the patent, and thereupon the controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent. 2 in any proceedings under subsection 1, the controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent. 1. subs. by act 15 of , s. 48, for section 65 w.e.f. .

section 72. of the patents act : 1 subject to the provisions contained in this act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee. 2 the register shall be prima facie evidence of any matters required or authorised by or under this act to be entered therein. 13 if the record of particulars is kept in computer floppies or diskettes or in any other electronic form, subsections 1 and 2 shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection. 1. ins. by s. 34, ibid. w.e.f. .

section 66. of the patents act : where the central government is of opinion that a patent or the mode in which it is exercised is mischievous to the state or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the official gazette and thereupon the patent shall be deemed to be revoked.

section 68., not to be valid unless in writing and duly executed. of the patents act : 168. assignments, etc., not to be valid unless in writing and duly executed.an assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed. 1. subs. by act 15 of , s. 49, for section 68 w.e.f. .

section 67. of the patents act : 1 there shall be kept at the patent office a register of patents, wherein shall be entered a the names and addresses of grantees of patents b notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents and c particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed. 2 no notice of any trust, whether express, implied or constructive, shall be entered in the register, and the controller shall not be affected by any such notice. 3 subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the controller. 14 notwithstanding anything contained in subsection 1,it shall be lawful for the controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed. 5 notwithstanding anything contained in the indian evidence act, 1 of , a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the controller or any officer duly authorised by the controller in this behalf shall, in all legal proceedings, be admissible in evidence. 6 in the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form, areference in this act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register breferences in this act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form and c references in this act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register. 1. subs. by act 38 of , s. 32, for subsection 4 w.e.f. .

section 69. of the patents act : 1 where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the controller for the registration of his title or, as the case may be, of notice of his interest in the register. 2 without prejudice to the provisions of subsection 1, an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be. 3 where an application is made under this section for the registration of the title of any person the controller shall, upon proof of title to his satisfaction, a where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or coproprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title or b where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it: provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the controller may refuse to take any action under clause a or, as the case may be, under clause b, until the rights of the parties have been determined by a competent court. 4 there shall be supplied to the controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subjectmatter: provided that in the case of a licence granted under a patent, the controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court. 5 except for the purposes of an application under subsection 1 or of an application to rectify the register, a document in respect of which no entry has been made in the register under subsection 3 shall not be admitted by the controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the controller or the court, for reasons to be recorded in writing, otherwise directs.

section 70. of the patents act : subject to the provisions contained in this act relating to coownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.

section 71. of the patents act : 71. rectification of register by 1appellate board.1 the 1appellate board may, on the application of any person aggrieved a by the absence or omission from the register of any entry or b by any entry made in the register without sufficient cause or c by any entry wrongly remaining on the register or d by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit. 2 in any proceeding under this section the 1appellate board may decide any question that may be necessary or expedient to decide in connection with the rectification of the register. 3 notice of any application to the 1appellate board under this section shall be given in the prescribed manner to the controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2board. 4 any order of the 1appellate board under this section rectifying the register shall direct that notice of the rectification shall be served upon the controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly. 1. subs. by act 38 of , s. 2, for high court w.e.f. . 2. subs. by s. 2, ibid., for court w.e.f. .

section 73. of the patents act : 1 the controller general of patents, designs and trademarks appointed under subsection 1 of 1section 3 of the trade marks act, 47 of ,shall be the controller of patents for the purposes of this act. 2 for the purposes of this act, the central government may appoint as many examiners and other officers and with such designations as it thinks fit. 3 subject to the provisions of this act, the officers appointed under subsection 2 shall discharge under the superintendence and directions of the controller such functions of the controller under this act as he may, from time to time by general or special order in writing, authorise them to discharge. 4 without prejudice to the generality of the provisions of subsection 3, the controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under subsection 2 and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under subsection 2 who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred. 1. subs. by s. 35, ibid., for certain words w.e.f. .

section 74. of the patents act : 1 for the purposes of this act, there shall be an office which shall be known as the patent office. 12 the central government may, by notification in the official gazette, specify the name of the patent office. 3 the head office of the patent office shall be at such place as the central government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the central government may think fit, branch offices of the patent office. 4 there shall be a seal of the patent office. 1. subs. by act 15 of , s. 50, for subsection 2 w.e.f. .

section 75. of the patents act : all officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.

section 80. of the patents act : without prejudice to any provision contained in this act requiring the controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the controller shall give to any applicant for a patent, or for amendment of a specification if within the prescribed time the applicant so requires an opportunity to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act: 1provided that the party desiring a hearing makes the request for such hearing to the controller at least ten days in advance of the expiry of the timelimit specified in respect of the proceeding. 1. ins. by act 38 of , s. 38 w.e.f. .

section 76. of the patents act : an officer or employee in the patent office shall not, except when required or authorised by this act or under a direction in writing of the 1central government 2 or the controller or by order of a court, a furnish information on a matter which is being, or has been, or dealt with under this act 3 b prepare or assist in the preparation of a document required or permitted by or under this act 3 to be lodged in the patent office or c conduct a search in the records of the patent office. 1. subs. by act 38 of , s. 36, for central government w.e.f. . 2. the words or appellate board omitted by act 33 of , s. 13 w.e.f. . 3. the words and figures or under the indian patents or designs act, 2 of omitted by s. 36, ibid. w.e.f. .

section 78. of the patents act : 1without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications 1or other documents relating thereto and subject to the provisions of section 44, the controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. 2 a correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. 3 where the controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. 4 where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be 2published in the prescribed manner. 5 within the prescribed time after any 3such publication as aforesaid any person interested may give notice to the controller of opposition to the request, and, where such notice of opposition is given, the controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case. 1. ins. by s. 37, ibid. w.e.f. . 2. subs. by act 15 of , s. 51, for advertised w.e.f. . 3. subs. by s. 51, ibid., for such advertisement w.e.f. .

section 77. of the patents act : 1subject to any rules made in this behalf, the controller in any proceedings before him under this act shall have the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e awarding costs f reviewing his own decision on application made within the prescribed time and in the prescribed manner g setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner h any other matter which may be prescribed. 2 any order for costs awarded by the controller in exercise of the powers conferred upon him under subsection 1 shall be executable as a decree of a civil court.

section 79. of the patents act : subject to any rules made in this behalf, in any proceeding under this act before the controller, evidence shall be given by affidavit in the absence of directions by the controller to the contrary, but in any case in which the controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be crossexamined on the contents of his affidavit.

section 81. of the patents act : where under the provisions of this act or the rules made thereunder the controller may extend the time for doing any act, nothing in this act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the controller granting such extension.

section 82. of the patents act : 182. definition of patented articles and patentee.in this chapter, unless the context otherwise requires, a patented article includes any article made by a patented process and b patentee includes an exclusive licensee. 1. subs. by s. 39, ibid., for chapter xvi sections 82 to 98 w.e.f. .

section 83. of the patents act : without prejudice to the other provisions contained in this act, in exercising the powers conferred by this chapter, regard shall be had to the following general considerations, namely: a that patents are granted to encourage inventions and to secure that the inventions are worked in india on a commercial scale and to the fullest extent that is reasonably practicable without undue delay b that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article c that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations d that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socioeconomic and technological development of india e that patents granted do not in any way prohibit central government in taking measures to protect public health f that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology and g that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public.

section 88. of the patents act : 1 where the controller is satisfied on an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant. 2 where an application under section 84 is made by a person being the holder of a licence under the patent, the controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended. 3 where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to some only of the said patents, then, if the controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing the other patents held by the patentee and if those patents involve important technical advancement or considerable economic significance in relation to the other patents, he may, by order, direct the grant of a licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84. 4 where the terms and conditions of a licence have been settled by the controller, the licensee may, at any time after he has worked the invention on a commercial scale for a period of not less than twelve months, make an application to the controller for the revision of the terms and conditions on the ground that the terms and conditions settled have proved to be more onerous than originally expected and that in consequence thereof the licensee is unable to work the invention except at a loss: provided that no such application shall be entertained a second time.

section 84. of the patents act : 1 at any time after the expiration of three years from the date of the 1grant of patent, any person interested may make an application to the controller for grant of compulsory licence on patent on any of the following grounds, namely: a that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or b that the patented invention is not available to the public at a reasonably affordable price, or c that the patented invention is not worked in the territory of india. 2 an application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not worked in the territory of india or that the patented invention is not available to the public at a reasonably affordable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence. 3 every application under subsection 1 shall contain a statement setting out the nature of the applicants interest together with such particulars as may be prescribed and the facts upon which the application is based. 4 the controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of india or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit. 5 where the controller directs the patentee to grant a licence he may, as incidental thereto, exercise the powers set out in section 88. 6 in considering the application filed under this section, the controller shall take into account, i the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention ii the ability of the applicant to work the invention to the public advantage iii the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted iv as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the controller may deem fit: provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public noncommercial use or on establishment of a ground of anticompetitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the application. 2explanation.for the purposes of clause iv, reasonable period shall be construed as a period not ordinarily exceeding a period of six months. 7 for the purposes of this chapter, the reasonable requirements of the public shall be deemed not to have been satisfied a if, by reason of the refusal of the patentee to grant a licence or licences on reasonable terms, i an existing trade or industry or the development thereof or the establishment of any new trade or industry in india or the trade or industry of any person or class of persons trading or manufacturing in india is prejudiced or ii the demand for the patented article has not been met to an adequate extent or on reasonable terms or iii a market for export of the patented article manufactured in india is not being supplied or developed or iv the establishment or development of commercial activities in india is prejudiced or b if, by reason of conditions imposed by the patentee upon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in india, is prejudiced or c if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or d if the patented invention is not being worked in the territory of india on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or e if the working of the patented invention in the territory of india on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by i the patentee or persons claiming under him or ii persons directly or indirectly purchasing from him or iii other persons against whom the patentee is not taking or has not taken proceedings for infringement. 1. subs. by act 15 of , s. 52, for sealing w.e.f. . 2. the explanation ins. by act 15 of , s. 52 w.e.f. .

section 85. of the patents act : 1 where, in respect of a patent, a compulsory licence has been granted, the central government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of india or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price. 2 every application under subsection 1 shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the central government, shall also set out the nature of the applicants interest. 3 the controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that patented invention have not been worked in the territory of india or that the patented invention is not available to the public at a reasonably affordable price, may make an order revoking the patent. 4 every application under subsection 1 shall ordinarily be decided within one year of its being presented to the controller.

section 90. of the patents act : 1 in settling the terms and conditions of a licence under section 84, the controller shall endeavour to secure i that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors ii that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him iii that the patented articles are made available to the public at reasonably affordable prices iv that the licence granted is a nonexclusive licence v that the right of the licensee is nonassignable vi that the licence is for the balance term of the patent unless a shorter term is consistent with public interest 1vii that the licence is granted with a predominant purpose of supply in the indian market and that the licensee may also export the patented product, if need be in accordance with the provisions of subclause iii of clause a of subsection 7 of section 84 viii that in the case of semiconductor technology, the licence granted is to work the invention for public noncommercial use ix that in case the licence is granted to remedy a practice determined after judicial or administrative process to be anticompetitive, the licensee shall be permitted to export the patented product, if need be. 2 no licence granted by the controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee. 3 notwithstanding anything contained in subsection 2, the central government may, if in its opinion it is necessary so to do, in the public interest, direct the controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of the imported article and the period of importation, and thereupon the controller shall give effect to the directions. 1. subs. by act 15 of , s. 54, for clause vii w.e.f. .

section 86., in certain cases. of the patents act : 1 where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of india or on the ground mentioned in clause d of subsection 7 of section 84 and the controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any state or central act or any rule or regulation made thereunder or any order of the government imposed otherwise than by way of a condition for the working of the invention in the territory of india or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this subsection shall be reckoned from the date on which the period during which the working of the invention was prevented by such act, rule or regulation or order of government as computed from the date of the application, expires. 2 no adjournment under subsection 1 shall be ordered unless the controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in the territory of india on a commercial scale and to an adequate extent.

section 89. of the patents act : the powers of the controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say, a that patented inventions are worked on a commercial scale in the territory of india without undue delay and to the fullest extent that is reasonably practicable b that the interests of any person for the time being working or developing an invention in the territory of india under the protection of a patent are not unfairly prejudiced.

section 87. of the patents act : 1 where the controller is satisfied, upon consideration of an application under section 84, or section 85, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and 1shall publish the application in the official journal. 2 the patentee or any other person desiring to oppose the application may within such time as may be prescribed or within such further time as the controller may on application made either before or after the expiration of the prescribed time allow, give to the controller notice of opposition. 3 any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed. 4 where any such notice of opposition is duly given, the controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case. 1. subs. by act 15 of , s. 53, for shall advertise the application in the official gazette w.e.f. .

section 91. of the patents act : 1 notwithstanding anything contained in the other provisions of this chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the controller for the grant of a licence of the firstmentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible. 2 no order under subsection 1 shall be made unless the controller is satisfied i that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms and ii that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of india. 3 when the controller is satisfied that the conditions mentioned in subsection 1 have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the firstmentioned patent and a similar order under the other patent if so requested by the proprietor of the firstmentioned patent or his licensee: provided that the licence granted by the controller shall be nonassignable except with the assignment of the respective patents. 4 the provisions of sections 87, 88, 89 and 90 shall apply to licences granted under this section as they apply to licences granted under section 84.

section 92a. of the patents act : 192a. compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.1 compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from india. 2 the controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him. 3 the provisions of subsections 1 and 2 shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory licence can be exported under any other provision of this act. explanation.for the purposes of this section, pharmaceutical products means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use. 1. ins. by act 15 of , s. 55 w.e.f. .

section 92. of the patents act : 1 if the central government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public noncommercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the official gazette, and thereupon the following provisions shall have effect, that is to say, i the controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit ii in settling the terms and conditions of a licence granted under this section, the controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights. 2 the provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84. 3 notwithstanding anything contained in subsection 2, where the controller is satisfied on consideration of the application referred to in clause i of subsection 1 that it is necessary in i a circumstance of national emergency or ii a circumstance of extreme urgency or iii a case of public noncommercial use, which may arise or is required, as the case may be, including public health crises, relating to acquired immuno deficiency syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 87 in relation to that application for grant of licence under this section: provided that the controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such nonapplication of section 87.

section 93. of the patents act : any order for the grant of a licence under this chapter shall operate as if it were a deed granting a licence executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the controller.

section 99. of the patents act : 1for the purposes of this chapter, an invention is said to be used for the purposes of government if it is made, used, exercised or vended for the purposes of the central government, a state government or a government undertaking. 1 3 nothing contained in this chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section 47. 1. subsection 2 omitted by act 38 of , s. 40 w.e.f. .

section 94. of the patents act : 1 on an application made by the patentee or any other person deriving title or interest in the patent, a compulsory licence granted under section 84 may be terminated by the controller, if and when the circumstances that gave rise to the grant thereof no longer exist and such circumstances are unlikely to recur: provided that the holder of the compulsory licence shall have the right to object to such termination. 2 while considering an application under subsection 1, the controller shall take into account that the interest of the person who had previously been granted the licence is not unduly prejudiced..

section 104a. of the patents act : 1104a. burden of proof in case of suits concerning infringement.1 in any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process if, a the subject matter of the patent is a process for obtaining a new product or b there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. 2 in considering whether a party has discharged the burden imposed upon him by subsection 1, the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so. 1. ins. by act 38 of , s. 43 w.e.f. .

section 104. of the patents act : no suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: provided that where a counterclaim for revocation of the patent is made by the defendant, the suit, along with the counterclaim, shall be transferred to the high court for decision.

section 101. of the patents act : 1 in relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of government a by the central government or any person authorised by the central government under section 100 or b by the patentee or applicant for the patent to the order made by the central government, the provisions of any licence, assignment or agreement granted or made, 1 between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title and any person other than the central government shall be of no effect so far as those provisions i restrict or regulate the use for the purposes of government of the invention, or of any model, document or information relating thereto, or ii provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of government 2, and the reproduction or publication of any model or document in connection with the said use for the purposes of government shall not be deemed to be an infringement of any copyright subsisting in the model or document. 2 where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention 2, then, in relation to any use of the invention made for the purposes of government by the patentee to the order of the central government, subsection 3 of section 100 shall have effect as if that use were made by the virtue of an authority given under that section and any rise of the invention for the purposes of government by virtue of subsection 3 of that section shall have effect as if the reference to the patentee included a reference to the assignor of the patent, and any sum payable by virtue of that subsection shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the high court on a reference under section 103. 3 where by virtue of subsection 3 of section 100, payments are required to be made by the central government or persons authorised under subsection 2 of that section in respect of the use of an invention for the purposes of government and where in respect of such patent there is an exclusive licensee authorised under his licence to use the invention for the purposes of government, such sum shall be shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between them or as may in default of agreement be determined by the high court on a reference under section 103 to be just, having regard to any expenditure incurred by the licensee a in developing the said invention or b in making payments to the patentees other than royalties or other benefits determined by reference to the use of the invention 3 in consideration of the licence. 1.the words , whether before or after the commencement of this act, omitted by act 38 of , s. 42 w.e.f. . 2.the brackets and words including payments by way of minimum royalty omitted by s. 42, ibid. w.e.f. . 3.the words including payments by way of minimum royalty omitted by s. 42, ibid. w.e.f. .

section 106. of the patents act : 1 where any person whether entitled to or interested in a patent or an application for a patent or not threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say a a declaration to the effect that the threats are unjustifiable b an injunction against the continuance of the threats and c such damages, if any, as he has sustained thereby. 2 unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for. explanation.a mere notification of the 1existence of a patent does not constitute a threat of proceeding within the meaning of this section. 1. subs. by act 56 of , s. 3 and the second schedule, for existing w.e.f. .

section 100. of the patents act : 1notwithstanding anything contained in this act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the central government and any person authorised in writing by it, may use the invention for the purposes of government in accordance with the provisions of this chapter. 2 where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the central government or any person authorised in writing by it for the purposes of government may be made free of any royalty or other remuneration to the patentee. 3 if and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the central government or any person authorised by it under subsection 1, at any time after 1grant of the patent or in consequence of any such communication as aforesaid, shall be made upon terms as may be agreed upon either before or after the use, between the central government or any person authorised under subsection 1 and the patentee, or, as may in default of agreement be determined by the high court on a reference under section 103: 2provided that in case of any such use of any patent, the patentee shall be paid not more than adequate remuneration in the circumstances of each case, taking into account the economic value of the use of the patent. 4 the authorisation by the central government in respect of an invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent. 5 where an invention has been used by or with the authority of the central government for the purposes of government under this section, then, 3except in case of national emergency or other circumstances of extreme urgency or for noncommercial use, the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require and where the invention has been used for the purposes of a government undertaking, the central government may call for such information as may be necessary for this purpose from such undertaking. 6 the right to make, use, exercise and vend an invention for the purposes of government under subsection 1 shall include the 4right to sell, on noncommercial basis, the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the central government or the person authorised under subsection 1 were the patentee of the invention. 7 where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in subsection 3 of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention including payments by way of minimum royalty, the notice directed to be given under subsection 5 shall also be given to such exclusive licensee or assignor as the case may be, and the reference to the patentee in subsection 3 shall be deemed to include a reference to such assignor or exclusive licensee. 1. subs. by act 15 of , s. 56, for the acceptance of the complete specification in respect of the patent w.e.f. . 2. subs. by act 38 of , s. 41, for the proviso w.e.f. . 3. subs. by s. 41, ibid., for certain words w.e.f. . 4 subs. by s. 41, ibid., for right to sell the goods w.e.f. .

section 102. of the patents act : 1 the central government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the official gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the central government. 2 notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent. 3 the central government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the central government and the applicant, or the patentee and other persons or, as may, in default of agreement, be determined by the high court on a reference under section 103 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise and other relevant factors.

section 108. of the patents act : 11 the reliefs which a court may grant in any suit for infringement include an injunction subject to such terms, if any, as the court thinks fit and, at the option of the plaintiff, either damages or an account of profits. 22 the court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation. 1. section 108 renumbered as subsection 1 thereof by act 38 of , s. 45 w.e.f. . 2. ins. by s. 45, ibid. w.e.f. .

section 103. of the patents act : 1 any dispute as to the exercise by the central government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of government thereunder or as to the right of any person to receive any part of a payment made in pursuance of subsection 3 of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the high court by either party to the dispute in such manner as may be prescribed by the rules of the high court. 2 in any proceeding under this section to which the central government is a party, the central government may, a if the patentee is a party to the proceedings, petition by way of counterclaim for revocation of the patent on any ground upon which a patent may be revoked under section 64 and b whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation. 3 if in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the central government, be prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon. 4 in determining under this section any dispute between the central government and any person as to terms for the use of an invention for the purposes of government, the high court shall have regard to any benefit or compensation which that person or any person from whom he derive title, may have received, or may be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of government. 5 in any proceedings under this section, the high court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the high court may direct, and references to the high court in the foregoing provisions of this section shall be construed accordingly. 6 where the invention claimed in a patent was made by a person who at the time it was made was in the service of the central government or of a state government or was an employee of a government undertaking and the subjectmatter of the invention is certified by the relevant government or the principal officer of the government undertaking to be connected with the work done in the course of the normal duties of the government servant or employee of the government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in subsection 1 relating to the invention shall be disposed of by the central government conformably to the provisions of this section so far as may be applicable, but before doing so the central government shall give an opportunity to the patentee and such other parties as it considers have an interest in the matter to be heard.

section 105. of the patents act : 1notwithstanding anything contained in section 34 of the specific relief act, 47 of , any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown a that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question and b that the patentee or licensee has refused or neglected to give such an acknowledgment. 2 the costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff. 3 the validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid. 4 a suit for a declaration may be brought by virtue of this section at any time 1after the publication of grant of a patent, and references in this section to the patentee shall be construed accordingly. 1. subs. by act 15 of , s. 57, for certain words w.e.f. .

section 107., in suit for infringement. of the patents act : 1 in any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence. 2 in any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47.

section 107a. of the patents act : 1107a. certain acts not to be considered as infringement.for the purposes of this act, a any act of making, constructing, 2using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in india, or in a country other than india, that regulates the manufacture, construction, 3use, sale or import of any product b importation of patented products by any person from a person 4who is duly authorised under the law to produce and sell or distribute the product, shall not be considered as an infringement of patent rights. 1. ins. by act 38 of , s. 44 w.e.f . 2. subs. by act 15 of , s. 58, for using or selling w.e.f. . 3. subs. by s. 58, ibid., for use or sale w.e.f. . 4. subs. by s. 58, ibid., for who is duly authorised by the patentee to sell or distribute the product w.e.f. .

section 109. of the patents act : 1 the holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such. 2 in any suit for infringement of a patent by the holder of an exclusive licence under subsection 1, the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

section 116. of the patents act : 1116. appellate board.1 subject to the provisions of this act, the appellate board established under section 83 of the trade marks act, 47 of shall be the appellate board for the purposes of this act and the said appellate board shall exercise the jurisdiction, power and authority conferred on it by or under this act: provided that the technical member of the appellate board for the purposes of this act shall have the qualifications specified in subsection 2. 2 a person shall not be qualified for appointment as a technical member for the purposes of this act unless he a has, at least five years, held the post of controller under this act or has exercised the functions of the controller under this act for at least five years or b has been for at least ten years, functioned as a registered patent agent and possesses a degree in engineering or technology or a masters degree in science from any university established under law for the time being in force or equivalent 2 1. subs. by act 38 of , s. 47, for chapter xix w.e.f. . 2. clause c omitted by act 15 of , s. 60 w.e.f. .

section 111. of the patents act : 1in a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed. explanation.a person shall not be deemed to have been aware or to have had reasonable grounds for believing that a patent exists by reason only of the application to an article of the word patent, patented or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanies the word or words in question. 2 in any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period. 3 where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this act after the publication of the specification, no damages or account of profits shall be granted in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge. 4 nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent.

section 110. of the patents act : any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

section 112.. of the patents act : restriction on power of court to grant injunction in certain cases.omitted by the patents amendment act, 38 of , s. 46 w.e.f. .

section 113. of the patents act : 11 if in any proceedings before 2 a high court for the revocation of a patent under section 64 and section 104, 3 the validity of any claim of a specification is contested and that claim is found by 2 the high court to be valid, 2 the high court may certify that the validity of that claim was contested in those proceedings and was upheld. 2 where any such certificate has been granted, then, if in any subsequent suit before a court for infringement of that claim of the patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person relying on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment of his full costs, charges and expenses of an incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying the suit or proceeding otherwise directs: provided that the costs as specified in this subsection shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate. 43 nothing contained in this section shall be construed as authorising the courts 2 hearing appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to pass orders for costs on the scale referred to therein. 1. subs. by act 15 of , s. 59, for subsection 1 w.e.f. . 2. the words the appellate board or omitted by act 33 of , s. 13 w.e.f. . 3. the words as the case may be omitted by s. 13, ibid. w.e.f. . 4. subs. by s. 59, ibid., for subsection 3 w.e.f. .

section 114. of the patents act : 1 if in proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed: provided that the court shall not grant relief except by way of injunction save in the circumstances mentioned in subsection 2. 2 where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there.

section 115. of the patents act : 1 in any suit for infringement or in any proceeding before a court under this act, the court may at any time, and whether or not an application has been made by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion not involving a question of interpretation of law as it may formulate for the purpose. 2 the remuneration of the scientific adviser shall be fixed by the court and shall include the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by parliament by law for the purpose.

section 117. of the patents act : 117. staff of appellate board. omitted by s. 13, ibid. w.e.f. .

section 117e. of the patents act : 1 the controller shall have the right to appear and be heard a in any legal proceedings before the 1high court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised b in any appeal to the 1high court from an order of the controller on an application for grant of a patent i which is not opposed, and the application is either refused by the controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or ii which has been opposed and the controller considers that his appearance is necessary in the public interest, and the controller shall appear in any case if so directed by the 1high court. 2 unless the 1high court otherwise directs, the controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the controller may deem it necessary, and such statement shall be evidence in the proceeding. 1. subs. by act 33 of , s. 13, for appellate board w.e.f. .

section 117f. of the patents act : 117f. costs of controller in proceedings before appellate board./i2 omitted by the tribunal reforms act, 33 of 201, s. 13 w.e.f. .

section 117a. of the patents act : 1 save as otherwise expressly provided in subsection 2, no appeal shall lie from any decision, order or direction made or issued under this act by the central government, or from any act or order of the controller for the purpose of giving effect to any such decision, order or direction. 2 an appeal shall lie to the 1 from any decision, order or direction of the controller of central government under section 15, section 16, section 17, section 18, section 19,2section 20, subsection 4 of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, subsection 3 of section 69, section 78, subsections 1 to 5 of section 84, section 85, section 88, section 91, section 92 and section 94. 3 every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed. 4 every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the controller or the central government or within such further time as the appellate board may, in accordance with the rules made by it, allow. 1. subs. by s. 13, ibid., for appellate board w.e.f. . 1. subs. by s. 61, ibid., for section 20, section 25, section 27, section 28 w.e.f. .

section 117b. of the patents act : 117b. procedure and powers of appellate board. omitted by the tribunals reforms act, 33 of 201, s. 13 w.e.f. .

section 117c. of the patents act : no court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in subsection 2 of section 117a or section 117d.

section 117g. of the patents act : 117g. transfer of pending proceedings to appellate board. omitted by s. 13, ibid. w.e.f. 44 .

section 117d., before appellate board. of the patents act : 117d. procedure for application for rectification, etc., before appellate board. omitted by the tribunals reforms act, 33 of 201, s. 13 w.e.f. .

section 117h. of the patents act : 117h. power of appellate board to make rules. omitted by s. 13, ibid. w.e.f. .

section 118. of the patents act : if any person fails to comply with any direction given under section 35 1or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 1. ins. by act 38 of , s. 48 w.e.f. .

section 124. of the patents act : 1if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 119. of the patents act : if any person makes, or causes to be made, a false entry in any register kept under this act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

section 120. of the patents act : if any person falsely represents that any article sold by him is patented in india or is the subject of an application for a patent in india, he shall be punishable with fine which may extend to 1one lakh rupees. explanation l.for the purposes of this section, a person shall be deemed to represent a that an article is patented in india if there is stamped, engraved or impressed on, or otherwise applied to, the article the word patent or patented or some other word expressing or implying that a patent for the article has been obtained in india b that an article is the subject of an application for a patent in india, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words patent applied for, patent pending, or some other words implying that an application for a patent for the article has been made in india. explanation 2.the use of words patent, patented, patent applied for, patent pending or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in india, or to a pending application for a patent in india, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside india. 1. subs. by act 15 of , s. 64, for ten thousand rupees w.e.f. .

section 125. of the patents act : 1125. register of patent agents.1 the controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed. 1. subs. by act 38 of , s. 52, for section 125 w.e.f. .

section 121. of the patents act : if any person uses on his place of business or any document issued by him or otherwise the words patent office or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

section 122. of the patents act : 1 if any person refuses or fails to furnish: a to the central government any information which he is required to furnish under subsection 5 of section 100 b to the controller any information or statement which he is required to furnish by or under section 146, he shall be punishable with fine which may extend to 1ten lakh rupees. 2 if any person, being required to furnish any such information as is referred to in subsection 1, furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both. 1. subs. by s. 65, ibid., for twenty thousand rupees w.e.f. .

section 123. of the patents act : if any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to 1one lakh rupees in the case of a first offence and five lakh rupees in the case of a second or subsequent offence. 1. subs. by act 15 of , s. 66, for ten thousand rupees in the case of a first offence and forty thousand rupees w.e.f. .

section 126. of the patents act : 1 a person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely: a he is a citizen of india b he has completed the age of 21 years c he has obtained a 1degree in science, engineering or technology from any university established under law for the time being in force in the territory of india or possesses such other equivalent qualifications as the central government may specify in this behalf, and, in addition, 2 ii has passed the qualifying examination prescribed for the purpose3or 3iii has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration d he has paid such fee as may be prescribed. 42 notwithstanding anything contained in subsection 1, a person who has been registered as a patent agent before the commencement of 5the patents amendment act, 15 of shall be entitled to continue to be, or when required to be reregistered, as a patent agent, on payment of the fee as may be prescribed. 1. subs. by s. 53, ibid., for degree from any university w.e.f. . 2. subclause i omitted by act 15 of , s. 67 w.e.f. . 3. ins. by act 38 of , s. 53 w.e.f. . 4. subs. by act 38 of , s. 53, for subsection 2 w.e.f. . 5. subs. by act 15 of , s. 67, for the patents amendment act, 38 of w.e.f. .

section 127. of the patents act : subject to the provisions contained in this act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled: a to practice before the controller and b to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the controller under this act.

section 128. of the patents act : 1 1 all applications and communications to the controller under this act may be signed by a patent agent authorised in writing in this behalf by the person concerned. 2 1. the words, brackets and figure subject to the provisions contained in subsection 2 and to any rules made under this act, omitted by act 38 of , s. 54 w.e.f. . 2. subsection 2 omitted by s. 54, ibid. w.e.f. .

section 133. of the patents act : 1133. convention countries.any country, which is a signatory or party or a group of countries, union of countries or intergovernmental organisations which are signatories or parties to an international, regional or bilateral treaty, convention or arrangement to which india is also a signatory or party and which affords to the applicants for patents in india or to citizens of india similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this act. 1. subs. by act 15 of , s. 68, for section 133 w.e.f. .

section 129. of the patents act : 1 no person, either alone or in partnerships with any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered. 2 no company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. explanation.for the purposes of this section, practise as a patent agent includes any of the following acts, namely: a applying for or obtaining patents in india or elsewhere b preparing specifications or other documents for the purposes of this act or of the patent law of any other country c giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.

section 130. of the patents act : 1 the 1controller may remove the name of any person from the register when 2he is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as 2he thinks fit to make i that his name has been entered in the register by error or on account of misrepresentation or suppression of material fact ii that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1controller renders him unfit to be kept in the register. 2 the 1controller may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom. 1. subs. by s. 55, ibid., for central government w.e.f. . 2. subs. by s. 55, ibid., for it w.e.f. .

section 135. of the patents act : 1 without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country hereinafter referred to as the basic application, and that person or the legal representative or assignee of that person makes an application under this act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application. explanation.where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this subsection shall be reckoned from the date on which the earlier or earliest of the said applications was made. 2 where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection: provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause b of subsection 1 of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions. 13 in case of an application filed under the patent cooperation treaty designating india and claiming priority from a previously filed application in india, the provisions of subsections 1 and 2 shall apply as if the previously filed application were the basic application: provided that a request for examination under section 11b shall be made only for one of the applications filed in india. 1. ins. by act 15 of , s. 69 w.e.f. .

section 131. of the patents act : 1 subject to any rules made in this behalf, the controller may refuse to recognise as agent in respect of any business under this act a any individual whose name has been removed from, and not restored to, the register b any person who has been convicted of an offence under section 123 c any person, not being registered as a patent agent, who in the opinion of the controller is engaged wholly or mainly in acting as agent in applying for patents in india or elsewhere in the name or for the benefit of the person by whom he is employed d any company or firm, if any person whom the controller could refuse to recognise as agent in respect of any business under this act, is acting as a director or manager of the company or is a partner in the firm. 2 the controller shall refuse to recognise as agent in respect of any business under this act any person who neither resides nor has a place of business in india.

section 132. of the patents act : nothing in this chapter shall be deemed to prohibit a the applicant for a patent 1 from drafting any specification or appearing or acting before the controller or b an advocate, not being a patent agent, from taking part in any 2hearing before the controller on behalf of a party who is taking part in any proceedings under this act. 1. the words or any person, not being a patent agent, who is duly authorised by the applicant omitted by act 38 of , s. 56 w.e.f. . 2. subs. by s. 56, ibid., for certain words w.e.f. .

section 134. of the patents act : where any country specified by the central government in this behalf by notification in the official gazette does not accord to citizens of india the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, a to apply for the grant of a patent or be registered as the proprietor of a patent b to be registered as the assignee of the proprietor of a patent or c to apply for a licence or hold any licence under a patent granted under this act.

section 136. of the patents act : 1 every convention application shall a be accompanied by a complete specification and b specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made and c state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title. 2 subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent. 3 a convention application shall not be postdated under subsection 1 of section 17 to a date later than the date on which under the provisions of this act the application could have been made.

section 137. of the patents act : 1where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in subsection 1 of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications. 2 the priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed. 3 for the purposes of this act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed otherwise than by way of disclaimer or acknowledgment of a prior art in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

section 138. of the patents act : 11where a convention application is made in accordance with the provisions of this chapter, the applicant shall furnish, when required by the controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the controller, within the prescribed period from the date of communication by the controller. 2 if any such specification or other document is in a foreign language, a translation into english of the specification or document, verified by affidavit or otherwise to the satisfaction of the controller, shall be 2furnished when required by the controller. 3 for the purposes of this act, the date on which an application was made in a convention country is such date as the controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country. 34 an international application filed under the patent cooperation treaty designating india shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this act. 5 the filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the patent cooperation treaty. 6 amendment, if any, proposed by the applicant for an international application designating india or designating and electing india before international searching authority or preliminary made examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office. 1. subs. by s. 70, ibid., for subsection 1 w.e.f. . 2. subs. by act 38 of , s. 58, for annexed to the specification or document w.e.f. . 3. ins. by s. 58, ibid. w.e.f. .

section 139. of the patents act : save as otherwise provided in this chapter, all the provisions of this act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof.

section 143. of the patents act : 1143. restrictions upon publication of specification.subject to the provisions of chapter vii, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the controller before the expiration of the period prescribed under subsection 1 of section 11a or before the same is open to public inspection in pursuance of subsection 3 of section 11a or section 43. 1. subs. by act 15 of , s. 72, for section 143 w.e.f. .

section 140. of the patents act : 1it shall not be lawful to insert i in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process or ii in a licence to manufacture or use a patented article or iii in a licence to work any process protected by a patent, a condition the effect of which may be a to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process or b to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee or c to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process or 1dto provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing, and any such condition shall be void. 2 a condition of the nature referred to in clause a or clause b or clause c of subsection 1 shall not cease to be a condition falling within that subsection merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process. 3 in proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: provided that this subsection shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied. 4 nothing in this section shall a affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person b validate a contract which, but for this section, would be invalid c affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair. 2 1. ins. by s. 59, ibid. w.e.f. . 2. subsection 5 omitted by act 38 of , s. 59 w.e.f. .

section 146. of the patents act : 1 the controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as may be specified in the notice. 2 without prejudice to the provisions of subsection 1, every patentee and every licensee whether exclusive or otherwise shall furnish in such manner and form and at such intervals not being less than six months as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in india. 3 the controller may publish the information received by him under subsection 1 or subsection 2 in such manner as may be prescribed.

section 144. of the patents act : the reports of examiners to the controller under this act shall not be open to public inspection or be published by the controller and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed.

section 141. of the patents act : 1any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence1 may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months notice in writing to the other party. 2 the provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section 1. the wordswhether made before or after the commencement of this act, omitted by s. 60, ibid. w.e.f. .

section 142. of the patents act : 1there shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this act, such fees as may be prescribed by the central government. 2 where a fee is payable in respect of the doing of an act by the controller, the controller shall not do that act until the fee has been paid. 13 where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time. 4 where a principal patent is granted later than two years from the date of filing of 2the application, the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register 3or within the extended period not later than nine months from the date of recording. 1. subs. by s. 61, ibid., for subsection 3 w.e.f. . 2. subs. by act 15 of , s. 71, for the complete specification w.e.f. . 3. ins. by act 38 of , s. 61 w.e.f. .

section 145. of the patents act : 1145. publication of official journal.the controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this act or any rule made thereunder. 1. subs. by act 15 of , s. 73, for section 145 w.e.f. .

section 149., by post. of the patents act : any notice required or authorised to be given by or under this act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post.

section 147. of the patents act : 1 a certificate purporting to be signed by the controller as to any entry, matter or thing which he is authorised by this act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done. 2 a copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original. 3 the controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes.

section 148. of the patents act : 1 if any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this act, the lawful guardian, committee or manager if any of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability. 2 an appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

section 150. of the patents act : if any party by whom notice of any opposition is given under this act or by whom application is made to the controller for the grant of a licence under a patent neither resides nor carries on business in india, the controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned.

section 151. of the patents act : 1 every order of 1the high court 2 on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by 1the high court 2 to the controller who shall cause an entry thereof and reference thereto to be made in the register. 2 where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record. 3 the provisions of subsections 1 and 2 shall also apply to the court to which appeals are preferred against decisions of 3 the courts referred to in those subsections. 1. subs. by act 15 of , s. 74, for the high court w.e.f. . 2. the words or the appellate board omitted by act 33 of , s. 13 w.e.f. . 3. subs. by act 33 of , s. 13, for the appellate board or the courts, as the case may be w.e.f. . 4. subs. by s. 74, ibid., for courts w.e.f. .

section 152.. of the patents act : transmission of copies of specification, etc., and inspection thereof.omitted bythe patents amendment act, 15 of , s. 75 w.e.f. .

section 153. of the patents act : a person making a request to the controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly.

section 157a. of the patents act : 1157a. protection of security of india.notwithstanding anything contained in this act, the central government shall a not disclose any information relating to any patentable invention or any application relating to the grant of patent under this act, which it considers prejudicial to the interest of the security of india b take any action including the revocation of any patent which it considers necessary in the interest of the security of india by issue of a notification in the official gazette to that effect. explanation.for the purposes of this section, the expression security of india include any action necessary for the security of india which i relates to fissionable materials or the materials from which they are derived or ii relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment or iii is taken in time of war or other emergency in international relations. 1. subs. by act 38 of , s.63, for section 157a w.e.f. .

section 154. of the patents act : if a patent is lost or destroyed, or its nonproduction is accounted for to the satisfaction of the controller, the controller may at any time, on application made in the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant.

section 155. of the patents act : the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution of this act by or under the controller.

section 156. of the patents act : subject to the other provisions contained in this act, a patent shall have to all intents the like effect as against government as it has against any person.

section 159. of the patents act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely: i the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office 1ia the period which the controller may allow for filing of statement and undertaking for in respect of applications under subsection 1, the period within which the details relating to processing of applications may be filed before the controller and the details to be furnished by the applicant to the controller under subsection 2 of section 8 ib the period within which a reference to the deposit of materials shall be made in the specification under subclause a of clause ii of the proviso to subsection 4 of section 10 ic the period for which application for patent shall not be open to the public under subsection 1 and the manner in which the applicant may make a request to the controller to publish his application under subsection 2 of section 11a id the manner of making the request for examination for an application for patent and the period within which such examination shall be made under subsections 1 and 3 of section 11b ie the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to subsection 4 of section 11b. ii the time within which any act or thing may be done under this act, including the manner in which and the time within which any matter may be 2published under this act iii the fees which may be payable under this act and the manner 3and time of payment of such fees iv the matters in respect of which the examiner may make a report to the controller 4v the manner in which and the period within which the controller shall consider and dispose of a representation under subsection 1 of section 25 va the period within which the controller is required to dispose of an application under section 39 vi the form and manner in which and the time within which any notice may be given under this act vii the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subjectmatter of the patent after the patent had ceased viii the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices ix the maintenance of the register of patents 3and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form and the matters to be entered therein x the matters in respect of which the controller shall have powers of a civil court xi the time when and the manner in which the register and any other document open to inspection may be inspected under this act xii the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115 5 xiii the manner in which any compensation for acquisition by government of an invention may be paid xiv the manner in which the register of patent agents may be maintained 5under subsection 1 of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under subsection 2 of that section the conduct of qualifying examinations for patent agents and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct xv the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office and the inspection of indexes and abridgments and other documents xvi any other matter which has to be or may be prescribed. 3 the power to make rules under this section shall be subject to condition of the rules being made after previous publications: 6provided that the central government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance. 1. subs. by act 15 of , s. 76, for clauses ia and ib w.e.f. . 2. subs. by s. 76, ibid., for advertised w.e.f. . 3. ins. by act 38 of , s. 64 w.e.f. . 4. subs. by act 15 of , s. 76, for clause v w.e.f. . 5. clauses xiia, xiib and xiic omitted by act 33 of , s. 13 w.e.f. . 6. the proviso added by act 15 of , s. 76 w.e.f. .

section 157. of the patents act : nothing in this act shall affect the power of the government or of any person deriving title directly or indirectly from the government to sell or use any articles forfeited under any law for the time being in force.

section 158. of the patents act : the high court may make rules consistent with this act as to the conduct and procedure in respect of all proceedings before it under this act.

section 160. of the patents act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 163.. of the patents act : amendment of act 43 of .omitted by the patents amendment act, 15 of , s. 77 w.e.f. .

section 161.. of the patents act : special provisions with respect to certain applications deemed to have been refused under act 2 of .omitted by the patents amendment act, 38 of , s. 46 w.e.f. .

section 162. of the patents act : 1 the indian patents and designs act, , in so far as it relates to patents, is hereby repealed, that is to say, the said act shall be amended in the manner specified in the schedule. 1 4 the mention of particular matters in this section shall not prejudice the general application of the general clauses act, 10 of , with respect to repeals. 5 notwithstanding anything contained in this act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this act, may be continued and disposed of, as if this act had not been passed. 1. subsections 2 and 3 omitted by s. 66, ibid. w.e.f. .

section 6.. of the provisional collection of taxes act : repeal. rep. by the repealing act, 1 of , s. 2 and sch.

section 1. of the provisional collection of taxes act : this act may be called the provisional collection of taxes act, .

section 5. of the provisional collection of taxes act : 1 where a declared provision comes into operation as an enactment in an amended form before the expiry of the 1seventyfifth day after the day on which the bill containing it was introduced, refunds shall be made of all duties collected which would not have been collected if the provision adopted in the enactment had been the declared provision: provided that the rate at which refunds of any duty may be made under this sub section shall not exceed the difference between the rate of such duty proposed in the declared provision and the rate of such duty in force when the bill was introduced. 2 where a declared provision ceases to have the force of law under clause b or clause c of subsection 2 of section 4, refunds shall be made of all duties collected which would not have been collected if the declaration in respect of it had not been made. 1. subs. by act 45 of , s. 2, for sixtieth day w.e.f. .

section 3. of the provisional collection of taxes act : where a bill to be introduced in 1parliament on behalf of government provides for the imposition or increase of a duty of customs or excise, the central government may cause to be inserted in the bill a declaration that it is expedient in the public interest that any provision of the bill relating to such imposition or increase shall have immediate effect under this act. 1. subs. by the a.o. , for the central legislature.

section 4. of the provisional collection of taxes act : 1 a declared provision shall have the force of law immediately on the expiry of the day on which the bill containing it is introduced. 2 a declared provision shall cease to have the force of law under the provisions of this act a when it comes into operation as an enactment, with or without amendment, or b w h e n t h e c e n t r a l g o v e r n m e n t , i n p u r s u a n c e o f a m o t i o n p a s s e d b y 2 1parliament, directs, by notification in the official gazette, that it shall cease to have the force of law, or c if it has not already ceased to have the force of law under clause a or clause b, then on the expiry of the 3seventyfifth day after the day on which the bill containing it was introduced. 1. subs. by the a.o. , for the central legislature. 2. the words either chamber of omitted by the a.o. . 3. subs. by act 45 of , s. 2, for sixtieth day w.e.f. .

section 2. of the provisional collection of taxes act : in this act, a declared provision means a provision in a bill in respect of which a declaration has been made under section 3.

section 4. of the international finance corporation status immunities and privileges act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 12 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 20 of , s. 2 and the schedule, for subsection 2 w.e.f. .

The International Finance Corporation (Status, Immunities and Privileges) Act, 1958

section 1. of the international finance corporation status immunities and privileges act : 1 this act may be called the international finance corporation status, immunities and privileges act, . 2 it extends1 to the whole of india. 1. the act has now been extended by act 26 of to the union territory pondicherry, comprising the former french establishments in india, w.e.f .

section 3. of the international finance corporation status immunities and privileges act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of the agreement set out in the schedule shall have the force of law in india: provided that nothing in section 9 of article vi of the agreement shall be construed as a entitling the corporation to import into india goods free of any duty of customs without any restriction on their subsequent sale therein or b conferring on the corporation any exemption from duties or taxes which form part of the price of goods sold or c conferring on the corporation any exemption from duties or taxes which are in fact no more than charges for services rendered. 2 the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein: provided that any notification issued under this subsection shall be laid for not less than thirty days before each house of parliament as soon as may be after it is issued and shall be subject to such modifications as parliament may make during the session in which it is so laid or the session immediately following.

section 2. of the international finance corporation status immunities and privileges act : in this act, unless the context otherwise requires, a agreement means the agreement for the establishment and operation of the international body known as the international finance corporation b corporation means the international finance corporation established under the agreement.

section 6. of the police incitement to disaffection act : 1 no court inferior to that of a presidency magistrate or magistrate of the first class shall try any offence under this act. 2 notwithstanding anything contained in chapter xxii of the code of criminal procedure, 5 of , no offence under this act shall be triable summarily.

section 1. of the police incitement to disaffection act : 1 this act may be called the police incitement to disaffection act, 2 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 3 it shall come into force in any state or part of a state on such date3 as the state government may, by notification in the official gazette, direct. 1.subs. by the a.o. . 2. subs. by the adaption of laws no. 3 order, for part b states. 3. this act came into force in assam from 25th january, , see assam gazette, , pt. ii, p. 113 in the punjab from 13th march, , see punjab gazette, , pt. i, p. 342 in b. o. including the sonthal parganas from 15th may, , see b. o. gazette, extraordinary, dated 13th may, , and in the bombay presidency from 5th june, , see bom. gazette, pt. i p. . the act has also been declared to be in force in the khondmals district by the khondmals laws regulation, 4 of , s 3 and sch and in the angul district by the angul laws regulation, 5 of , s. 3 and sch. extended to shahda, nandurbar and taloda talukas of the west khandesh district the dohad taluka and the jhalod mahal of the panch mahal district of the state of bombay by schedule ii of act 20 of .

section 5. of the police incitement to disaffection act : no court shall proceed to the trial of any offence under this act except with the previous sanction, or on the complaint, of the district magistrate or, in the case of a presidencytown, 1 of the commissioner of police. 1. the words or the town of rangoon omitted by the a.o. .

section 4. of the police incitement to disaffection act : nothing shall be deemed to be an offence under this act which is done in good faith. a for the purpose of promoting the welfare or interests of any member of a policeforce by inducing him to withhold his services in any manner authorised by law or b by or on behalf of any association formed for the purpose of furthering the interests of members of a policeforce as such, where the association has been authorised or recognised by the government and the act done is done under any rules or articles of the association which have been approved by the government

section 2. of the police incitement to disaffection act : in this act, the expression member of a policeforce means any person appointed or enrolled for the performance of police duties under any enactment specified in the schedule.

section 3. of the police incitement to disaffection act : whoever intentionally causes or attempts to cause, or does any act which he knows is likely to cause, disaffection towards 1 the government established by law in 2india amongst the members of a policeforce, or induces or attempts to induce, or does any act which he knows is likely to induce, any member of a policeforce to withhold his services or to commit a breach of discipline shall be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred rupees, or with both explanation.expressions of disapprobation of the measures of the government with a view to obtain their alteration by lawful means, or of disapprobation of the administrative or other action of the government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or are likely to cause disaffection 1. the words his majesty or omitted by the a.o. . 2. subs. by the a.o. , for british india or british burma. the words or british burma were ins. by the a.o. .

section 8. of the suits valuation act : where in suits other than those referred to in the courtfees act, 7 of , section 7, paragraphs v, vi and ix, and paragraph x, clause d, courtfees are payable ad valorem under the courtfees act, , the value as determinable for the computation of courtfees and the value for purposes of jurisdiction shall be the same.

section 9. of the suits valuation act : when the subjectmatter of suits of any class, other than suits mentioned in the courtfees act, 7 of , section 7, paragraphs v and vi, and paragraph x, clause d, is such that in the opinion of the high court it does not admit of being satisfactorily valued, the high court may, with the previous sanction of the state government, direct that suits of that class shall, for the purposes of the courtfees act, , and of this act and any other enactment for the time being in force, be treated as if their subjectmatter were of such value as the high court thinks fit to specify in this behalf.

section 1. of the suits valuation act : this act may be called the suits valuation act, and it extends2 to the whole of india except the territories which, immediately before the 1st november, , were comprised in part b states. 1. added by the adaptation of laws no. 2 order, . 2. extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of , s. 95 and fifth schedule w.e.f. .

section 3. of the suits valuation act : 1 the state government may 1 make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in the courtfees act, 7 of , section 7, paragraphs v and vi, and paragraph x, clause d. 2 the rules may determine the value of any class of land, or of any interest in land, in the whole or any part of a local area, and may prescribe different values for different places within the same local area. 1. the words subject to the control of the g. g. in c. rep. by the a.o. .

section 7. of the suits valuation act : this part 1 shall come into force on the first day of july, . 1. the words extends to the whole of india except part b states and omitted by the adaptation of laws no. 2 order, .

section 6. of the suits valuation act : on and from the date on which rules under section 3 take effect in any part of the territories under the administration of the governor of fort saint george in council to which the madras civil courts act, , 3 of , extends, section 14 of that act shall be repealed as regards that part of those territories.

section 5. of the suits valuation act : 1 the state government shall, before making rules under section 3, consult the high court with respect thereto. 2 a rule under that section shall not take effect till the expiration of one month after the rule has been published in the official gazette.

section 4. of the suits valuation act : where a suit mentioned in the courtfees act, 7 of , section 7, paragraph iv, or schedule ii, article 17, relates to land or an interest in land of whi ch the value has been determined by rules under the last foregoing section, the amount at which for purposes of jurisdiction the relief sought in the suit is valued shall not exceed the value of the land or interest as determined by those rules.

section 10.. of the suits valuation act : repeal of s. 32 of the punjab courts act, 18 of . rep. by the repealing and amending act, 12 of , s. 2 and the first schedule.

section 2. of the suits valuation act : this part shall extend to such local areas, and come into force therein on such dates as the 1state government, by notification in the official gazette, directs.2 1. subs. by the adaption of laws no. 2 order, , for government of a part a state or a part c state. 2. part i of the act has, under s. 2, been declared to extend to the punjab, and to come into force therein on the 1st day of march, , see gazette of india, , pt. i, p. 107.

section 12. of the suits valuation act : nothing in part i or part ii shall be construed to affect the jurisdiction of any court a with respect to any suit instituted before rules under part i applicable to the valuation of the suit take effect, or part ii has come into force, as the case may be, or b with respect to any appeal arising out of any such suit.

section 11. of the suits valuation act : 1 notwithstanding anything in 1section 578 of the code of civil procedure 14 of , an objection that by reason of the overvaluation or undervaluation of a suit or appeal a court of first instance or lower appellate court which had not jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate court unless a the objection was taken in the court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate court in the memorandum of appeal to that court, or b the appellate court is satisfied, for reasons to be recorded by it in writing, that the suit or appeal was overvalued or undervalued, an that the overvaluation or undervaluation thereof has prejudicially affected the disposal of the s uit or appeal on its merits. 2 if the objection was taken in the manner mentioned in clause a of subsection 1, but the appellate court is not satisfied as to both the matters mentioned in clause b of that subsection and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the court of first instance or lower appellate court. 3 if the objection was taken in that manner and the appellate court is satisfied as to both those matters and has not those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals but if it remands the suit or appeal, or frames and refers issues for trial, or requires additional evidence to be taken, it shall direct its order to a court competent to entertain the suit or appeal. 4 the provisions of this section with respect to an appellate court shall, so far as they can be made applicable, apply to a court exercising revisional jurisdiction under 2section 622 of the code of civil procedure 14 of or other enactment for the time being in force. 5 this section 3 shall come into force on the first day of july, . 1. see now s. 99 of the code of civil procedure, act 5 of . 2. see now s. 115 of the code of civil procedure, act 5 of . 3. the words extends to the whole of india except part b states and omitted by the adaptation of laws no. 2 order, .

section 6. of the aircraft act : 1 if the central government is of opinion that in the interest of the public safety or tranquility the issue of all or any of the following orders is expedient, it may, by notification in the official gazette, a cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any licences or certificates issued under this act b prohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or class of aircraft over the whole or any portion of 1india c prohibit, either absolutely, or conditionally, or regulate the erection, maintenance or use of any aerodrome, aircraft factory, flyingschool or club,or place where aircraft are manufactured, repaired or kept, or any class or description thereof and d direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flyingschool or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered, either forthwith or within a specified time, to such authority and in such manner as it may specify in the order, to be at the disposal of government for the public service. 21a any order made under subsection 1 shall have effect notwithstanding anything inconsistent therewith contained in any rule made under this act. 2 any person who suffers direct injury or loss by reason of any order made under clause c or clause d of subsection 1 shall be paid such compensation as may be determined by such authority as the central government may appointin this behalf. 3 the central government may authorise such steps to be taken to secure compliance with any order made under subsection 1 as appear to it to be necessary. 4 whoever knowingly disobeys, or fails to comply with, or does any act in contravention of, an order made under subsection 1 shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both, and the court by which he is convicted may direct that the aircraft or thing if any in respect of which the offence has been committed, or any part of such thing, shall be forfeited to government. 1. subs. by act 24 of , s. 3, for the provinces. 2. ins. by act 12 of , s. 6 w.e.f. .

section 1. of the aircraft act : show related subordinates 1 this act may be called the 1 aircraft act, . 22 it extends3 to the whole of india 4 and applies also a to citizens of india wherever they may be 5 b to and to the persons on aircraft registered in india wherever they may be 6c to and to the persons on aircraft registered outside india but for the time being in or over india and d to an aircraft operated by a person who is not a citizen of india but has his principal place of business or permanent residence in india. 1. the word indian omitted by act 44 of , s. 2 w.e.f . 2. subs. by the a.o. and the first schedule, for subsection 2. 3. this act has been extended to and brought into force in dadra and nagar haveli w.e.f. by reg. 6 of , s. 2 and the first schedule, extended to goa, daman and diu and with modifications by reg. 12 of , s. 3 and the schedule and to the whole of the union territory of lakshdweep w.e.f. by reg. 8 of , s. 3 and the schedule. 4. the words except the state of hyderabed omitted by act 3 of , s. 3 and the schedule. 5. the word and omitted by act 44 of , s. 2 w.e.f. . 6. ins. by s. 2, ibid, w.e.f. .

section 3. of the aircraft act : the central government may, by notification in the official gazette, exempt from 1all or any of the provisions of this act any aircraft or class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such aircraft or persons subject to such modifications as may be specified in the notification. 1. subs. by act 37 of , s. 3, for the provisions of this act and of the rules made thereunder, or from any of such provisions,.

section 5a. of the aircraft act : 15a. power to issue directions.1 the director general of civil aviation or any other officer specially empowered in this behalf by the central government may, from time to time, by order, issue directions, consistent with the provisions of this act and the rules made thereunder, with respect to any of the matters specified, in 2clauses aa, b, c, e, f, g, ga, gb, gc, h, i, m and qq of subsection 2 of section 5, to any person or persons using any aerodrome or engaged in the aircraft operations, air traffic control, maintenance and operation of aerodrome, communication, navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts of unlawful interference, in any case where the director general of civil aviation or such other officer is satisfied that in the interests of the security of india or for securing the safety of aircraft operations it is necessary so to do. 2 every direction issued under subsection l shall be complied with by the person or persons to whom such direction is issued. 1. ins. by act 12 of , s. 5 w.e.f. . 2. subs. by act 44 of , s. 6, for clauses b, c, e, f, g, h and m of subsection 2 of section 5, to any person or persons engaged in aircraft operations or using any aerodrome w.e.f. .

section 4a. of the aircraft act : 14a. safety oversight functions.the director general of civil aviation or any other officer specially empowered in this behalf by the central government shall perform the safety oversight functions in respect of matters specified in this act or the rules made thereunder. 12. ins. by s. 3, ibid. w.e.f. .

section 8. of the aircraft act : 1 any authority authorised in this behalf by the central government may detain any aircraft, if in the opinion of such authority a having regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other persons or property or b such detention is necessary to secure compliance with any of the provisions of this act or the rules applicable to such aircraft or such detention is necessary to prevent a contravention of any rule made under clause h or clause i of subsection 2 of section 5 1or to implement any order made by any court. 2 2subject to the provisions of section 14, the central government may, by notification in the official gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power. 1. ins. by act 12 of , s. 7 w.e.f. . 2. subs. by act 44 of , s. 8, for the central government w.e.f. .

section 2. of the aircraft act : in this act, unless there is anything repugnant in the subject or context, 1 aircraft means any machine which can derive support in the atmosphere from reactions of the air, 7other than reactions of the air against the earths surface and includes balloons whether fixed or free, airships, kites, gliders and flying machines 2 aerodrome means any definite or limited ground or water area intended to be used, either wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, piers and other structures thereon or appertaining thereto 72a aerodrome reference point, in relation to any aerodrome, means a designated point established in the horizontal plane at or near the geometric centre of that part of the aerodrome reserved for the departure or landing of aircraft 3 import means bringing into 2india and 4 export means taking out of 2india. 1. ins. by act 12 of , s. 2, w.e.f. . 2. subs. by act 24 of , s. 3, for the provinces.

section 8a. of the aircraft act : 28a. power of central government to make rules for protecting the public health.1 subject to the provisions of section 14, the central government may, by notification in the official gazette, make rules for the prevention of danger arising to the public health by the introduction or spread of any infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under subclauses i to viii of clause p of subsection 1 of section 6 of the indian ports act, 15 of , may be made with respect to vessels and ports. 1. subs. by act 44 of , s. 8, for the central government w.e.f. . 2. ins. by act 7 of , s. 2.

section 4. of the aircraft act : 14. power of central government to make rules to implement the convention of . 2subject to the provisions of section 14, the central government may, by notification in the official gazette, make such rules as appear to it to be necessary for carrying out the convention relating to international civil aviation signed at chicago on the 7th day of december, including any annex thereto relating to international standards and recommended practices as amended from time to time. 1. subs. by act 12 of , s. 3, for section 4 w.e.f. . 2. subs. by act 44 of , s. 3, for the central government w.e.f. .

section 5. of the aircraft act : 1 1subject to the provisions of section 14, the central government may, by notification in the official gazette, make rules regulating the manufacture, possession, use, operation, sale, import or export of any aircraft or class of aircraft 2and for securing the safety of aircraft operations. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the authorities by which any of the powers conferred by or under this act are to be exercised 3aa the regulation of air transport services,and the prohibition of the use of aircraft in such services except under the authority of and in accordance with a licenceauthorising the establishment of the service 4ab the economic regulation of civil aviation and air transport services, including the approval, disapproval 5or revision on tariff of operators of air transport services other than the tariff referred to to in clause a of subsection 1 of section 13 of the airports economics regulatory authority of india act, or revision of tariff of operators of air transport services the officers or authorities who may exercise powers in this behalf the procedure to be followed and the factors to be taken into account by such officers or authorities appeals to the central government against orders of such officers or authorities and all other matters connected with such tariff. explanation.for the purposes of this clause, tariff includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of commission payable to passenger or cargo sales agents 6ac the information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be specified in the rules 7b the licensing, inspection and regulation of aerodromes, the conditions under which aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes ba the fees which may be charged at those aerodromes to which the airports authority of india act, 55 of does not apply or is not made applicable c the inspection and control of the manufacture, repair and maintenance of aircraft and of places where aircraft are being manufactured, repaired or kept d the registration and marking of aircraft e the conditions under which aircraft may be flown, or may carry passengers, mails or goods or may be used for industrial purposes and the certificates, licences or documents to be carried by aircraft f the inspection of aircraft for the purpose of enforcing the provisions of this act and the rules thereunder, and the facilities to be provided for such inspection g the licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft 8ga the licensing of persons engaged in air traffic control gb the certification, inspection and regulation of communication, navigation and surveillance or air traffic management facilities gc the measures to safeguard civil aviation against acts of unlawful interference h the airroutes by which and, the conditions under which aircraft may enter or leave 9india, or may fly over 8india, and the places at which aircraft shall land i the prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified conditions and exceptions j the supply, supervision and control of airroute beacons, aerodrome lights, and lights at or in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes 10jj the installation and maintenance of lights on private property in the neighbourhood of aerodromes or on or in the neighbourhood of airroutes, by the owners or occupiers of such property, the payment by the central government for such installation and maintenance, and the supervision and control of such installation and maintenance, including the right of access to the property for such purposes k the signals to be used for purposes of communication by or to aircraft and the apparatus to be employed in signaling l the prohibition and regulation of the carriage in aircraft of any specified article or substance m the measures to be taken and the equipment to be carried for the purpose of ensuring the safety of life n the issue and maintenance of logbooks . o the manner and conditions of the issue or renewal of any licence or certificate under the act or the rules, the examinations and tests to be undergone in connection therewith, the form, custody, production, endorsement, cancellation, suspension or surrender of such licence or certificate, or of any logbook p the fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued or renewed under this act q the recognition for the purposes of this act of licences and certificates issued elsewhere than in 11india relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft 12 13qq the prohibition of slaughtering and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matter within a radius of ten kilometers from the aerodrome reference point and r any matter subsidiary or incidental to the matters referred to in this subsection. 14 1. subs. by s. 5, ibid., for the central government w.e.f. . 2. ins. by act 12 of , s. 4 w.e.f. . 3. ins. by act 5 of , s. 2 w.e.f. . 4. ins. by act 1 of , s. 2 w.e.f. . 5. subs. by act 27 of , s. 54 and the schedule, for or revision on tariff of operators of air transport services w.e.f. . 6. clause ab relettered as clause ac thereof, by s. 2, ibid. w.e.f. . 7. subs. by act 44 of , s. 5, for clause b w.e.f. . 8. ins. by act 44 of , s. 5 w.e.f. . 9. subs. by act 24 of , s. 3, for the provinces. 10. ins. by act 37 of , s. 4 w.e.f. . 11. subs. by act 24 of , s. 3, for the provinces. 12. the word and omitted by act 12 of , s. 4 w.e.f. . 13. ins. by s. 4, ibid. w.e.f. . 14. subsection 3 omitted by 44 of , s. 3 w.e.f. . earlier inserted by act 5 of , s. 3 w.e.f. .

section 7. of the aircraft act : 1 2subject to the provisions of section 14, the central government may, by notification in the official gazette, make rules providing for the investigation of any accident or incident arising out of or in the course of 3the navigation a in or over 1india of any aircraft, or b anywhere of aircraft registered in 1india. 2 without prejudice to the generality of the foregoing power, such rules may a require notice to be given of any 4accident or incident in such manner and by such person as may be prescribed b apply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents c prohibit pending investigation access to or interference with aircraft to which an 4accident or incident has occurred, and authorise any person so far as may be necessary for the purposes of an investigation to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft and d authorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognised under this act when it appears on an investigation that the licence ought to be so dealt with, and provide for the production of any such licence for such purpose. 1. subs. by act 24 of , s. 3, for the provinces. 2. subs. by act 44 of , s. 7, for the central government may, by notification in the official gazette, make rules providing for the investigation of any accident w.e.f. . 3. subs. by act 37 of , s. 5, for air navigation in or over british india. 4. subs. by act 44 of , s. 7, for accident w.e.f. .

section 8b. of the aircraft act : 18b. emergency powers for protecting the public health.1 if the central government is satisfied that india or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to the public health through the introduction or spread of the disease by the agency of aircraft, the central government may take such measures as it deems necessary to prevent such danger. 2 in any such case the central government may, without prejudice to the powers conferred by section 8a, by notification in the official gazette, make such temporary rules with respect to aircraft and persons traveling or things carried therein and aerodromes as it deems necessary in the circumstances. 3 notwithstanding anything contained in section 14, the power to make rules under subsection 2 shall not be subject to the condition of the rules being made after previous publication, but such rules shall not remain in force for more than three months from the date of notification: provided that the central government may by special order continue them in force for a further period or periods of not more than three months in all. 1. ins. by act 22 of , s. 2.

section 8c. of the aircraft act : 28c. power of central government to make rules for securing safe custody and redelivery of unclaimed property.1subject to the provisions of section 14, the central government may, by notification in the official gazette, make rules which may provide for securing the safe custody and redelivery of any property which, while not in proper custody, is found on any aerodrome or in any aircraft on any aerodrome and any such rules may, in particular, provide for a the payment of charges in respect of any such property before it is redelivered to the person entitled there to and b the disposal of any such property in cases where the same is not redelivered to the person entitled thereto before the expiration of such period as may be specified therein. 1. subs. by act 44 of , s. 8, for the central government w.e.f. . 2. ins. by act 12 of , s. 8 w.e.f. .

section 9. of the aircraft act : 1 1the provisions of part xiii of the merchant shipping act, 44 of , relating to wreck and salvage shall apply to aircraft on or over the sea or tidal water as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. 2 the central government may, by notification in the official gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. 1. subs. by act 12 of , s. 9, for the provisions of part vii of the indian merchant shipping act, 21 of w.e.f. .

section 11. of the aircraft act : whoever wilfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to 1two years, or with fine which may extend to ten lakh rupees, or with both. 1. subs. by act 44 of , s. 12, for six months, or with fine which may extend to one thousand rupees w.e.f. .

section 9a. of the aircraft act : 19a. power of central government to prohibit or regulate construction of buildings, planting of trees, etc. 1 if the central government is of opinion that it is necessary or expedient so to do for the safety of aircraft operations, it may, by notification in the official gazette, i direct that no building or structure shall be constructed or erected, or no tree shall be planted on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified in the notification and where there is any building, structure or tree on such land, also direct the owner or the person having control of such building, structure or tree to demolish such building or structure or, as the case may be, to cut such tree within such period as may be specified in the notification ii direct that no building or structure higher than such height as may be specified in the notification shall be constructed or erected, or no tree, which is likely to grow or ordinarily grows higher than such height as may be specified in the notification, shall be planted, on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified in the notification and where the height of any building or structure or tree on such land is higher than the specified height, also direct the owner or the person having control of such building, structure or tree to reduce the height thereof so as not to exceed the specified height, within such period as may be specified in the notification. 2 in specifying the radius under clause i or clause ii of subsection 1 and in specifying the height of any building, structure or tree under the said clause ii, the central government shall have regard to a the nature of the aircraft operated or intended to be operated in the aerodrome and b the international standards and recommended practices governing the operation of aircraft. 3 where any notification has been issued under subsection 1 directing the owner or the person having control of any building, structure or tree to demolish such building or structure or to cut such tree or to reduce the height of any building, structure or tree, a copy of the notification containing such direction shall be served on the owner or the person having the control of the building, structure or tree, as the case maybe, i by delivering or tendering it to such owner or person or ii if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain or failing service by these means iii by post. 4 every person shall be bound to comply with any direction contained in any notification issued under subsection 1. 1. ins. by s. 10, ibid. w.e.f. .

section 9b. of the aircraft act : 19b. payment of compensation.1 if in consequence of any direction contained in any notification issued under subsection 1 of section 9a, any person sustains any loss or damage, such person shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say, a where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement b where no such agreement can be reached, the central government shall appoint as arbitrator a person who is or has been qualified for appointment as a judge of a high court c the central government may, in any particular case, nominate a person having expert knowledge as to the nature of the less or damage suffered by the person to be compensated and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose d at the commencement of the proceedings before the arbitrator, the central government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation e the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specify the person or persons to whom such compensationshall be paidand in making the award he shall have regard to the circumstances of each case and, i the damage sustained by the person to be compensated in his earnings ii if in consequence of any direction contained in any notification issued under subsection1of section 9athe market value of the land immediately after the issue of such notification is diminished, the diminution in such market value iii where any building or structure has been demolished or any tree has been cut or the height of any building, structure or tree has been reduced in pursuance of any direction, the damage sustained by the person to be compensated in consequence of such demolition, cutting or reduction and the expenses incurred by such person for such demolition, cutting or reduction iv if the person to be compensated is compelled to change his residence or place of business, the reasonable expenses, if any, that may have to be incurred by him incidental to such change f where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons g nothing in the arbitration act, 10 of shall apply to arbitrations under this section. 2 every award made by the arbitrator under clause e of subsection 1 shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid. 1. ins. by s. 10, ibid. w.e.f. .

section 11a. of the aircraft act : 111a. penalty for failure to comply with directions issued under section 5a.if any person wilfully fails to comply with any direction issued under section 5a, he shall be punishable with imprisonment for a term which may extend to 2two years or 3with fine which may extend to ten lakh rupees, or with both. 1. ins. by act 12 of , s. 11. 2. subs. by act 44 of , s. 13, for six months w.e.f. . 3. subs. by act 51 of , s. 2, for with fine which may extend to one thousand rupees w.e.f. .

section 9d. of the aircraft act : 19d. arbitrator to have certain powers of civil courts.the arbitrator appointed under section 9b, while holding arbitration proceedings under this act, shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commissions for examination of witnesses. 1. ins. by s. 10, ibid. w.e.f. .

section 9c. of the aircraft act : 19c. appeals from awards in respect of compensation.any person aggrieved by an award of the arbitrator made under section 9b may, within thirty days from the date of such award, prefer an appeal to the high court within whose jurisdiction the aerodrome is situate: provided that the high court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 1. ins. by s. 10, ibid. w.e.f. .

section 10. of the aircraft act : 110.penalty for act in contravention of rule made under this act.1 if any person contravenes any provision of any rule made under clause 1 of subsection 2 of section 5 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true he, and if he is not the owner, the owner also unless the owner proves that the offence was committed without his knowledge, consent or connivance shall be punishable with imprisonment which may extend to two years and shall also be liable to 2fine which may extend to ten lakh rupees 31a if any person contravenes any provision of any rule made under clause qq of subsection 2 of section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to 4three years, or with fine which may extend to ten lakh rupees, or with both. 1b notwithstanding anything contained in the code of criminal procedure 2 of , an offence referred to in subsection 1a shall be cognizable. 2 in making any other rule under section 5 or in making any rule under 5section 4, section 7,section 8,section 8a or section 8b, the central government may direct that a breach of it shall be punishable with imprisonment for a period which may extend to 6two years, or with fine which may extend to ten lakh rupees, or with both. 1. subs. by act 44 of , s. 4, for section 10 w.e.f. . 2. subs. by act 44 of , s. 11, for fine w.e.f. . 3. ins. by act 50 of , s. 2, w.e.f. . 4. subs. by act 44 of , s. 11, ibid., for one year, or fine which may extend to two thousand rupees w.e.f. . 5. subs. by s. 11, ibid., for section 7 w.e.f. . 6. subs. by s. 11, ibid., for three months, or with fine which may extend to one thousand rupees w.e.f. .

section 11b. of the aircraft act : 111b. penalty for failure to comply with directions issued under section 9a. 1 if any person wilfully fails to comply with any direction contained in any notification issued under section 9a, he shall be punishable with imprisonment for a term which may extend to 2two years, or with fine which may extend to ten lakh rupees, or with both. 2 without prejudice to the provisions of subsection 1, if any person fails to demolish any building or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of any direction contained in any notification issued under subsection 1 of section 9awithin the period specified in the notification, then, subject to such rules as the central government may make in this behalf, it shall be competent for any officer authorised by the central government in this behalf to demolish such building or structure or cut such tree or reduce the height of such building, structure or tree: 3provided that the power to make rules under this subsection shall be subject to the provisions of section 14. 1. ins. by act 12 of , s. 11. 2. subs. by s. 14,ibid., for six months, or with fine which may extend to one thousand rupees w.e.f. . 3. ins.by s. 14, ibid. w.e.f. .

section 12. of the aircraft act : whoever abets the commission of any offence under this act or the rules or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.

section 13. of the aircraft act : 1where any person is convicted of an offence punishable under subsection 1 of section 10or under any rule made under clause i of subsection 2 of section 5, the court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to government. 1. subs. by act 44 of , s. 5, for certain words w.e.f. .

section 14. of the aircraft act : 114. rules to be made after publication. any power to make rules conferred by this act is subject to the condition of the rules being made after previous publication: provided that the central government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case. 1. subs. by act 69 of , s. 2, for section 14 w.e.f. .

section 14a. of the aircraft act : 114a. laying of rules before parliament.every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session 2for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 44 of , s. 6 w.e.f. . 2. subs. by act 1 of , s. 3, for certain words w.e.f. .

section 19. of the aircraft act : 1 nothing in this act or in any order or rule made thereunder1other than a rule made under section 8aor under section 8b shall apply to or in respect of any aircraft belonging to or exclusively employed in 2the naval, military or air forces of the union, or to any person in such forces employed in connection with such aircraft. 2 nothing in this act or in any order or rule made there under shall apply to or in respect of any lighthouse to which the indian lighthouse act, 17 of , applies or prejudice or affect any right or power exercisable by any authority under that act. 1. ins. by act 12 of , s. 12 w.e.f. . 2. subs. by the a.o. , for his majestys naval, military or air forces.

section 15. of the aircraft act : the provisions of section 42 of the indian patents and designs act, 2 of , shall apply to the use of an invention on any aircraft not registered in 1india in like manner as they apply to the use of an invention in a foreign vessel. 1. subs. by act 24 of , s. 3 for the provinces.

section 20.. of the aircraft act : repeals.rep.by the repealing act, 1 of , s. 2 and the schedule.

section 17. of the aircraft act : no suit shall be brought in any civil court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight.

section 16.. of the aircraft act : power to apply customs procedure.rep. by the customs act, 52 of l962, s. 160 and the schedule w.e.f. l.

section 18. of the aircraft act : no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act.

section 8. of the reserve bank of india act : 21 the central board shall consist of the following directors, namely: a a governor and 3not more than four deputy governors to be appointed by the central government b four directors to be nominated by the central government, one from each of the four local boards as constituted by section 9 c 4ten directors to be nominated by the central government and d one government official to be nominated by the central government. 2 the governor and deputy governors shall devote their whole time to the affairs of the bank, and shall receive such salaries and allowances as may be determined by the central board, with the approval of the 1central government: 5provided that the central board may, if in its opinion it is necessary in the public interest so to do, permit the governor or a deputy governor to undertake, at the request of the central government or any state government, such parttime honorary work, whether related to the purposes of this act or not, as is not likely to interfere with his duties as governor or deputy governor, as the case may be: 6provided further that the central government may, in consultation with the bank, appoint a deputy governor as the chairman of the national bank, on such terms and conditions as that government may specify. 3 a deputy governor and the director nominated under clause d of subsection 1 may attend any meeting of the central board and take part in its deliberations but shall not be entitled to vote: 7provided that when the governor is, for any reason, unable to attend any such meeting, a deputy governor authorised by him in this behalf in writing may vote for him at that meeting. 4 the governor and a deputy governor shall hold office for such term not exceeding five years as the 8central government may fix when appointing them, and shall be eligible for reappointment. 9a director nominated under clause c of subsection 1 shall 10 hold office for a period of four years 11and 12shall be eligible for reappointment: provided that any such director shall not be appointed for more than two terms, that is, for a maximum period of eight years either continuously or intermittently. a director nominated under clause d of subsection 1 shall hold office during the pleasure of the 8central government. 5 no act or proceeding of the board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board. 13 14 7 a retiring director shall be eligible for renomination. 1. 5. subs. by the m.o. , for g.g. in c.. 2. subs. by act 62 of , s. 7 and the schedule, for subsection 1 w.e.f. . 3. subs. by act 18 of , s. 38 and the second schedule, for three w.e.f. . 4. subs. by s. 38 and the second schedule, ibid., for six w.e.f. . 5. added by act 35 of , s. 2 w.e.f. . 6. ins. by act 61 of , s. 61 and the second schedule w.e.f. . 7. subs. by act 54 of , s. 2, for the proviso w.e.f. . 8. subs. by the m.o. , for g.g. in c.. 9. subs. by act 62 of , s. 7 and the schedule, for second paragraph w.e.f. . 10. the words, brackets and figure subject to the provisions of subsection 6 omitted by act 18 of , s. 38 and the second schedule w.e.f. . 11. ins. by act 51 of , s. 4 w.e.f. . 12. subs. by act 4 of , s. 17 and the schedule, for thereafter until his successor shall have been nominated w.e.f. . 13. added by act 62 of , s. 7 and the schedule w.e.f. . 14. subsection 6 omitted by act 18 of , s. 38 and the second schedule w.e.f. .

section 1. of the reserve bank of india act : 1 this act may be called the reserve bank of india act, . 12 it extends to the whole of india 2. 3 this section shall come into force at once, and the remaining provisions of this act shall come into force on such date or dates3 as the 4central government may, by notification in the gazette of india, appoint. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f. . 3. sections 2 to 19, 47, 50 to 52, 55 to 58 and 61 were brought into force on 1st january, ,see gazette of india, , pt. i, p. , and the other sections on 1st april, , seeibid., , pt. i, p. 538. 4. subs. by the m.o. , for g.g. in c.

section 5.. of the reserve bank of india act : increase and reduction of share capital.omitted by the reserve bank transfer to public ownershipact, 62 of, s. 7 and the schedule w.e.f. .

section 7. of the reserve bank of india act : 17. management.1 the central government may from time to time give such directions to the bank as it may, after consultation with the governor of the bank, consider necessary in the public interest. 2 subject to any such directions, the general superintendence and direction of the affairs and business of the bank shall be entrusted to a central board of directors which may exercise all powers and do all acts and things which may be exercised or done by the bank. 23 save as otherwise provided in regulations made by the central board, the governor and in his absence the deputy governor nominated by him in his behalf, shall also have powers of general superintendence and direction of the affairs and the business of the bank, and may exercise all powers and do all acts and things which may be exercised or done by the bank. 1. subs. by act 62 of , s. 7 and the schedule, for section 7 w.e.f. . 2. subs. by act 32 of , s. 5, for subsection 3 w.r.e.f. .

section 4. of the reserve bank of india act : 14. capital of the bank.the capital of the bank shall be five crores of rupees. 1. subs. by act 62 of , s. 7 and the schedule, for section 4 w.e.f. .

section 9. of the reserve bank of india act : 19. local boards, their constitution and functions.1 a local board shall be constituted for each of the four areas specified in the first schedule and shall consist of five members to be appointed by the central government to represent, as far as possible, territorial and economic interests and the interests of cooperative and indigenous banks. 2 the members of the local board shall elect from amongst themselves one person to be the chairman of the board. 23 every member of a local board shall hold office for a term of four years and 3shall be eligible for reappointment: provided that any such member shall not be appointed for more than two terms, that is, for a maximum period of eight years either continuously or intermittently. 4 a local board shall advise the central board on such matters as may be generally or specifically referred to it and shall perform such duties as the central board may delegate to it. 1. subs. by act 62 of , s. 7 and the schedule, for section 9 w.e.f. . 2. subs. by act 51 of , s. 5, for subsection 3 w.e.f. . 3. subs. by act 4 of , s. 17 and the schedule, for thereafter until his successor shall have been appointed and shall be eligible for reappointment w.e.f. .

section 2. of the reserve bank of india act : in this act, unless there is anything repugnant in the subject or context, 1 2 aii the bank means the reserve bank of india constituted by this act 3aiii bank for international settlements means by body corporate established with the said name under the law of switzerland in pursuance of an agreement dated the 20th january, , signed at the hague b the central board means the central board of directors of the bank 4 5 bva consumer price index means the consumer price index combined published by the government of india from time to time 6 7 bvi deposit insurance corporation means the deposit insurance corporation established under section 3 of the deposit insurance corporation act, 47 of 8 9 10 bviiiaexim bank means the exportimport bank of india established under the exportimport bank of india act, 28 of 11 bix foreign currency and foreign exchange have the meanings respectively assigned to them in the foreign exchange regulation act, 46 of c industrial finance corporation means the industrial finance corporation of india established under the industrial finance corporation act, 15 of 5 ci inflation means the year wise change in monthly consumer price index expressed in terms of percentage cii inflation target means the inflation target determined in accordance with subsection 1 of section 45za 12 ca international development association means the association referred to in the international development association status, immunities and privileges act, 32 of cb international finance corporation means the corporation referred to in the international finance corporation status, immunities and privileges act, 42 of cc international monetary fund and international bank for reconstruction anddevelopment means respectively the international fund and the international bank, referred to in the international monetary fund and bank act, 5 cci monetary policy committee means the committee constituted under subsection 1 of section 45zb 13 ccc national bank means the national bank for agriculture and rural development established under section 3 of the national bank for agriculture and rural development act, 61 of 14ccci national bank for financing infrastructure and development means the institution established under section 3 of the national bank for financing infrastructure and development act, cccii other development financial institution means a development financial institution licensed under section 29 of the national bank for financing infrastructure and development act, 15 cccc national housing bank means the national housing bank established under section 3 of the national housing bank act, 53 of 5 cccci policy rate means the rate for repotransactions under subsection 12ab of section 17 16 17 cv reconstruction bank means the industrial reconstruction bank of india established under section 3 of the industrial reconstruction bank of india act, 62 of d rupee coin means 18 rupees which are legal tender 19 in 20 india under the provisions of the indian coinage act, 3 of 21 e scheduled bank means a bank included in the second schedule 22 el small industries bank means the small industries development bank of india established under section 3 of the small industries development bank of india act, 39 of 23 ea sponsor bank means a sponsor bank as defined in the regional rural banks act, 21 of 24 25 eb state bank means the state bank of india constituted under the state bank of india act, 23 of 26 27fi state financial corporation means any state financial corporation established under the state financial corporations act, 63 of 28 29g unit trust means the unit trust of india established under section 3 of the unit trust of india act, 52 of 30 h agricultural operations, central cooperative bank, cooperative society, crops, marketing of corps, pisciculture, regional rural bank and state cooperative bank shall have the meanings respectively assigned to them in the national bank for agriculture and rural development act, 61 of i cooperative bank, cooperative credit society, director, primary agricultural credit society, primary cooperative bank and primary credit society shall have the meanings respectively assigned to them in part v of the banking regulation act, 10 of . 1. clauses a and ai omitted by act 61 of , s. 61 and the second schedule w.e.f. . 2. clause aa relettered as clause aii by act 23 of , s. 2 w.e.f. . 3. ins. by act 51 of , s. 2 w.e.f. . 4. clauses bi, bii, biii, biv and bv omitted by act 61 of , s. 61 and the second schedule w.e.f. . earlier these clauses were substituted by act 23 of , s. 2, for clause bb w.e.f. . 5. ins. by act 28 of , s. 221 w.e.f. . 6. ins. by act 47 of , s. 2 and the second schedule w.e.f. . 7. clause bbb relettered as clause bvi thereof by act 23 of , s. 2 w.e.f. . 8. clause bvii omitted by act 53 of , s. 12 and the schedule w.e.f. . 9. clause bviii omitted by act 61 of , s. 61 and the second schedule w.e.f. . 10. ins. by act 28 of , s. 40 and the second schedule w.e.f. . 11. subs. by act 24 of , s. 3, for clause c w.e.f. . 12. ins. by act 51 of , s. 2 w.e.f. . 13. ins. by act 61 of , s. 61 and the second schedule w.e.f. . 14. ins. by act 17 of , s. 47 and the second schedule w.e.f. . 15. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 16. clauses ci, cia, cii, ciii, civ, cv omitted by act 61 of , s. 61 and the second schedule w.e.f. . 17. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 18. the word silver omitted by act 62 of , s. 7 and the schedule w.e.f. . 19. ins. by the m.o. . 20. subs. by act 32 of , s. 2, for the states w.e.f. . 21. the word and omitted by the m.o. . 22. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 23. ins. by act 21 of , s. 33 w.e.f. . 24. ins. by act 23 of , s. 52 and the third schedule w.e.f. . earlier clause ee inserted by the a.o. which was later omitted by act 32 of , s. 4 w.e.f. . 25. clause ee relettered as clause eb thereof by act 21 of , s. 33 w.e.f. . 26. clause f omitted by act 61 of , s. 61 and the second schedule w.e.f. . 27. ins. by act 24 of , s. 3 w.e.f. . 28. clauses f to k omitted by act 11 of , s. 2 w.e.f. which was earlier inserted by the m.o. . 29. ins. by act 52 of , s. 44 and the second schedule w.e.f. . earlier clause g was inserted by act 32 of , s. 4 w.e.f. which was later omitted by act 62 of , s. 2 and the schedule w.e.f. . 30. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 10. of the reserve bank of india act : 1 no person may be a director or a member of a local board who a isa salaried government official 1 2, or b is, or at any time has been, adjudicated an insolvent, or has suspended payment or has compounded with his creditors, or c is fund lunatic or becomes of unsound mind, or d is an officer or employee of any bank, or 3e is a director of banking company within the meaning of clause c of section 5 of the 4banking regulation act, 10 of , or of a cooperative bank. 2 no two persons who are partners of the same mercantile firm, or are directors of the same private company, or one of whom is the general agent of or holds a power of procuration from the other, or from a mercantile firm of which the other is a partner, may be directors or members of the same local board at the same time. 3 nothing in clause a, clause d or clause e of subsection 1 shall apply to the governor, or to a deputy governor or to the director nominated under clause d of subsection 1 of section 8. 1. the words or a salaried official of a state in india omitted by the a.o. . 2. the words or burma omitted by act 11 of , s. 8 w.e.f. . earlier inserted by the m.o. . 3. subs. by act 23 of , s. 3, for clause e w.e.f. . 4. subs. by act 51 of , s. 3, for banking companies act, w.e.f.

section 6. of the reserve bank of india act : the bank shall, as soon as may be, establish offices in bombay, calcutta, 1delhi and madras 2 and may establish branches or agencies in any other place in india 3 or, with the previous sanction of the 4central government elsewhere. 1. subs. by act 11 of , s. 5, for delhi, madras and rangoon w.e.f. . 2. the words and a branch in london omitted by act 24 of , s. 3 w.e.f. . 3. the words or burma omitted by act 11 of , s. 5 w.e.f. which was earlier inserted by the m.o. . 4. subs. by the m.o. , for g.g. in c..

section 3. of the reserve bank of india act : 13. establishment and incorporation of reserve bank.1 a bank to be called the reserve bank of india shall be constituted for the purposes of taking over the management of the currency from the 2central government and of carrying on the business of banking in accordance with the provisions of this act. 2 the bank shall be a body corporate by the name of the reserve bank of india, having perpetual succession and a common seal, and shall by the said name sue and be sued. 1. subs. by act 62 of , s. 7 and the schedule, for share capital w.e.f. . 2. subs. by the m.o. , for g.g. in c..

section 16.. of the reserve bank of india act : first constitution of local board.omitted by s.7 and the schedule, ibid. w.e.f. .

section 11. of the reserve bank of india act : 1 the 1central government may remove from office the governor, or a deputy governor or 2any other director or any member of a local board: 3 42 a director nominated under clause b or clause c of subsection1 of section 8 shall cease to hold office if without leave from the central board he absents himself from three consecutive meetings of the board convened under subsection 1 of section 13. 3 the 1central government shall remove from office any director, and the central board shall remove from office any member of a local board, if such director or member becomes subject to any of the disqualifications specified in subsection 1 or subsection 2 of section 10. 4 a director or member of a local board removed or ceasing to hold office under the foregoing subsections shall not be eligible for reappointment either as director or as member of a local board until the expiry of the term for which his appointment was made. 5 the 5 nomination 6 as director or member of a local board of any person who is a member of 7 parliament or the legislature 8of any state shall be void, unless within two months of the date of his 5 nomination 6 he ceases to be such member, and if any director or member of a local board is elected or nominated as a member of 9parliament or any such legislature, he shall cease to be a director or member of the local board as from the date of such election or nomination, as the case may be. 6 a director may resign his office to the 1central government, and a member of a local board may resign his office to the central board, and on the acceptance of the resignation the office shall become vacant. 1. subs. by the m.o. , for g.g. in c.. 2. subs. by act 32 of , s. 6, for any other director w.e.f. . 3. the proviso omitted by act 62 of , s. 7 and the schedule w.e.f. . 4. subs. by s. 7 and the schedule, ibid., for subsection 2 w.e.f. . 5. the word appointment omitted by s. 7 and the schedule, ibid. w.e.f. . 6. the words or election omitted by s. 7 and the schedule, ibid. w.e.f. . 7. subs. by the a.o. , for certain words. 8. subs. by act 32 of , s. 6, for of a part a state or a part c state w.e.f. . 9. subs. by the a.o. , for any such legislature or council.

section 12. of the reserve bank of india act : 1 if the governor or a deputy governor by infirmity or otherwise is rendered incapable of executing his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the 1central government may, after consideration of the recommendations made by the central board in this behalf, appoint another person to officiate for him, and such person may, notwithstanding anything contained in clause d or subsection 1 of section10, be an officer of the bank. 2 3 where any casual vacancy in the office of any member of a local board occurs 3 the central board may nominate thereto any 4 person recommended by the 5other members of the local board. 4 where any casual vacancy occurs in the office of a director other than the vacancies provided for in subsection1, the vacancy shall be filled 6by the central government. 5 a person nominated 7under this section to fill a casual vacancy shall 8 hold office for the unexpired portion of the term of his predecessor. 1. subs. by the m.o. , for g.g. in c.. 2. subsection 2 omitted by act 62 of , s. 7 and the schedule w.e.f. . 3. the words otherwise than by the occurrence of a vacancy in the office of a director elected by the local board omitted by act 62 of , s. 7 and the schedule w.e.f. . 4. the word qualified omitted by s. 7 and the schedule, ibid. w.e.f. . 5. subs. by s. 7 and the schedule, ibid., for elected w.e.f. . 6. subs. by s. 7 and the schedule, ibid., for certain words w.e.f. . 7. the words or elected omitted by s. 7 and the schedule, ibid. w.e.f. . 8. the words, brackets and figure subject to the proviso contained in subsection 4 omitted by s. 7 and the schedule, ibid. w.e.f. .

section 17. of the reserve bank of india act : the bank shall be authorised to carry on and transact the several kinds of business hereinafter specified, namely: 1 the accepting of money on deposit without interest from, and the collection of money for, 1 the 2central government, 34 the 5state government 6 7 local authorities, banks and any other persons: 81a the accepting of money as deposits, repayable with interest, from banks or any other person under the standing deposit facility scheme, as approved by the central board, from time to time, for the purposes of liquidity management 2 a the purchase, sale and rediscount of bills of exchange and promissory notes, 9drawn on 10and payable in india and arising out of bona fidei/ commercial or trade transaction bearing two or more good signatures, one of which shall be that of a scheduled bank 11or a state cooperative bank 12or any financial institution, which is predominantly engaged in the acceptance or discounting of bills of exchange and promissory notes and which is approved by the bank in this behalf 13 and 14maturing, i in the case of bills of exchange and promissory notes arising out of any such transaction relating to the export of goods from india, within one hundred and eighty days, and ii in any other case, within ninety days, from the date of such purchase or rediscount exclusive of days of grace b the purchase, sale and rediscount of bills of exchange and promissory notes, 15drawn 16and payable in india and bearing two or more good signatures, one of which shall be that of a scheduled bank 17or a 18state cooperative bank 19or any financial institution, which is predominantly engaged in the acceptance or discounting of bills of exchange and promissory notes and which is approved by the bank in this behalf and drawn or issued for the purpose of 20financing agricultural operations or the marketing of crops, and maturing within 21fifteen months from the date of such purchase or rediscount, exclusive of days of grace 22 23 bb the purchase, sale and rediscount of bills of exchange and promissory notes drawn and payable in india and bearing two or more good signatures, one of which shall be that of a state cooperative bank or a state financial corporation 19or any financial institution, which is predominantly engaged in the acceptance or discounting of bills of exchange and promissory notes and which is approved by the bank in this behalf , and drawn or issued for the purpose of financing the production or marketing activities of cottage and smallscale industries approved by the bank and maturing within twelve months from the date of such purchase or rediscount, exclusive of days of grace, provided that the payment of the principal and interest of such bills of exchange or promissory notes is fully guaranteed by the state government c the purchase, sale and rediscount of bills of exchange and promissory notes 15drawn 24and payable in india and bearing the signature of a scheduled bank, 25 and issued or drawn for the purpose of holding or trading in securities of 26 the central government 27 or a 28state government 28 and maturing within ninety days from the date of such purchase or rediscount, exclusive of days of grace 3 a the purchase from and sale to scheduled banks 29 of 30foreign exchange 31 32b the purchase sale and rediscount of bills of exchange including treasury bills drawn in or on any place in any country outside india which is a member of the international monetary fund and maturing, i in the case of bills of exchange arising out of any bona fide transaction relating to the export of goods from india, within one hundred and eighty days, and ii in any other case, within ninety days, from the date of such purchase or rediscount: provided that no such purchase, sale or rediscount shall be made in india except with a scheduled bank or a state cooperative bank 33 343a the making to any scheduled bank or state cooperative bank, or loans and advances, against promissory notes or such bank, repayable on demand or on the expiry of fixed periods not exceeding one hundred and eighty days: provided that the borrowing bank furnishes a declaration in writing, to the effect that i it holds bills of exchange arising out of any transaction relating to the export of goods from india of a value not less than the amount of such loans or advances, a drawn in india and no any place in any country outside india which is a member of the international monetary fund or in any other country notified in this behalf by the bank in the gazette of india, and 35b maturing not later than one hundred and eighty days from the date of the loan or advance, and it will, so long as any part of such loans and advances remains unpaid, continue to hold such bills of exchange of a value not less than the amount of such loans or advances outstanding for the time being or 36ii it has granted a preshipment loan or advance to an exporter or any other person in india in order to enable him to export goods from india, the amount of the loan or advance drawn and outstanding at any time being not less than the outstanding amount of the loan or advance obtained by the borrowing bank from the bank. 373b the making to any scheduled bank or state cooperative bank or loans and advances repayable on demand or on the expiry of fixed periods not exceeding one hundred and eighty days against promissory notes of such bank: provided that the borrowing bank furnishes a declaration in writing to the effect that it has made loans and advances for bona fide commercial or trade transactions or for financing agricultural operations or the marketing of crops or for other agricultural purposes as set out in the declaration and the said declaration includes such other particulars as may be required by the bank 4 the making to 38 local authorities, scheduled banks 38, 40 41state cooperative banks 42and state financial corporations 43 or loans and advances, repayable on demand or on the expiry of fixed periods not exceeding ninety days, against the security of a stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any act of parliament 44of the united kingdom or by any law for time being in force in 45india 46 b gold or silver or documents of title to the same c such bills of exchange and promissory notes as are eligible for purchase or rediscount by the bank 47 or as are fully guaranteed as to the repayment of the principal and payment of interest by a state government d promissory notes of any scheduled bank 48 49or 50state cooperative bank , supported by documents of title to goods 51such documents having been transferred, assigned, or pledged to any such bank as security for 52a loan or advance made for bona fide commercial or trade transactions, or for the purpose of 53financing agricultural operations or the marketing of crops: 54provided that loans and advances made against the security of bills of exchange and promissory notes arising out of any transaction relating to the export of goods from india shall be repayable on demand or on the expiry of fixed periods not exceeding one hundred and eighty days 554a the making to any state financial corporation 56, of loans and advances repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the central government or of any state government, of any maturity, or against bonds and debentures issued by that corporation and guaranteed by the state government concerned and maturing within a period not exceeding eighteen months from the date of such loan or advance: 57provided that the previous approval of the state government shall be obtained for the borrowing by the state financial corporation and the amount of loans and advances granted to that corporation under this clause shall not, at any time, exceed in the aggregate 58twice the paidup share capital thereof 59 604aa the making of annual contributions to the national rural credit long term operations fund and the national rural credit stabilisation fund established under sections 42 and 43, respectively, of the national bank for agriculture and rural development act, 61 of 614b the making to the industrial finance corporation of india 62 of loans and advances, a repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against securities of the central government or of any state government or b repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the central government of any maturity or against bonds and debentures issued by the corporation and guaranteed by the central government and maturity within a period not exceeding eighteen months from the date of such loan or advance 63 644bb the making to any financial institution notified by the central government in this behalf, of loans and advances, a repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against the securities of the central government or of any state government, or b repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the central government or of any state government, of any maturity, or against bonds and debentures issued by that financial institution and guaranteed by the central government or any state government, and maturing within a period not exceeding eighteen months from the date of such loan or advance: provided that the amount of loans and advances granted to a financial institution under subclause i/i shall not, at any time, exceed in the aggregate sixty per cent. of the paidup share capital thereof 654bbb the making to the unit trust of loans and advances i repayable on demand or on the expiry of a fixed period not exceeding ninety days from the date of such loan or advance against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india 66 ii repayable on demand or within a period of eighteen months from the date of such loan or advance against the security of the bonds of the unit trust issued with the approval of and guaranteed by the central government 67iii for the purpose of any scheme other than the first unit scheme under the unit trust of india act, 52 of on such terms and conditions and against the security of such other property of the unit trust as may be specified in this behalf by the bank 684c the making to a warehousing corporation established under the agricultural produce development and warehousing corporations act, 28 of of loans and advances, a repayable on demand or on the expiry of fixed periods not exceeding ninety days, from the date of such loan or advance, against securities of the central government or of any state government, or b repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the central government or of any state government, of any maturity, or against bonds and debentures issued by the corporation to which the loan or advance is made, and guaranteed by the central or a state government, and maturing within a period not exceeding eighteen months from the date of such loan or advance: provided that the amount of loans and advances granted under clause b shall not at any time exceed, in the aggregate, three crores of rupees in the case of the central warehousing corporation and fifty lakhs of rupees in the case of a state warehousing corporation 694d the making to the deposit insurance corporation of loans and advances and generally assisting the corporation in such manner and on such terms as may be determined by the central board 704dd the making to the national housing bank of loans and advances arid generally assisting the national housing bank in such manner and on such terms as may be determined by the central board 714e the making to the national bank of loans and advances repayable on demand or on the expiry of fixed period not exceeding eighteen months from the date of making of the loan or advance, either i against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india or ii on such other terms and conditions as the bank may specify 724f contributing to the initial capital of the unit trust 734g the making of loans and advances to, and the purchasing of bonds and debentures of, 74 75the exim bank 76or the reconstruction bank 77or the small industries bank 78or the national bank for financing infrastructure and development or other development financial institution out of the national industrial credit long term operations fund established under section 46c 794gg the making of loans and advances to, and the purchasing of bonds and debentures of, the national housing bank out of the national housing credit long term operations fund established under section 46d 4h the making to 74 77or the small industries bank of loans and advances a repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india or b against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance 804i the making to scheduled banks, 74 75the exim bank 76the reconstruction bank or the small industries bank the industrial finance corporation and any other financial institution as may, on the recommendation of the bank, be approved in this behalf by the central government of loans and advances repayable on demand or otherwise and against such security and on such other terms and conditions as may be approved in this behalf by the central board for the purpose of enabling such banks, or financial institution, as the case may be, to purchase foreign exchange from the bank for the purpose of financing the import of capital goods or for such other purposes as may be approved by the central government 754j the making to the exim bank of loans and advances brmaking foot note a repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india or b against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance 814k the making to the reconstruction bank of loans and advances br a repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india or br b against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more goods signatures and maturing within five years from the date of such loan or advance br 824l the making to the national bank for financing infrastructure and development or other development financial institution of loans and advances a repayable on demand or on the expiry of a fixed period not exceeding ninety days, from the date of such loan or advance against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india or b against the security of bills of exchange or promissory notes, arising out of bona fide commercial or trade transactions bearing two or more good signatures and maturing within five years from the date of such loan or advance 5 the making to the 83central government 84 85 86and 87state governments of advances repayable in each case not later than three months from the date of the making of the advance 886 the issue of demand drafts, telegraphic transfers and other kinds of remittances made payable at its own offices or agencies, the purchase of telegraphic transfers, and the making, issue and circulation of bank post bills 896a dealing in derivatives, and, with the approval of the central board, in any other financial instrument. explanation.for the purposes of this clause, derivative means an instrument, to be settled at a future date, whose value is derived from change in one or a combination of more than one of the following underlying, namely: a interest rate, b price of securities of the central government or a state government or of such securities of a local authority as may be specified in this behalf by the central government, c price of foreign securities, d foreign exchange rate, , e index of rates or prices, f credit rating or credit index, g price of gold or silver coins, or gold or silver bullion, or h any other variable of similar nature 90 , 8 the purchase and sale of securities 91of the central 92government or a 87state government of any maturity or of such securities of a local authority 93 as may be specified in this behalf by the 94central government on the recommendation of the central board: provided that securities fully guaranteed as to principal and interest by 95any such government 96or authority shall be deemed for the purposes of this clause to be securities of such government 96or authority 97 988a the purchase and sale of shares in, or the capital of 99the 100national bank, 101the deposit insurance corporation, 102, the state bank 103or any other bank 104or financial institution notified by the central government in this behalf 1058aa the promoting, establishing, supporting or aiding in the promotion, establishment and support of any financial institution, whether as its subsidiary or otherwise 1068b the keeping of deposits with the state bank for such specific purposes as may be approved by the central government in this behalf 9 the custody of monies, securities and other articles of value, and the collection of the proceeds, whether principal, interest or dividends, of any such securities 10 the sale realisation of all property, whether movable or immovable, which may in any way come into the possession of the bank in satisfaction, or part satisfaction, of any of its claims 11 the acting as agent for 107 the 108central government 112or any 94state government 112 or any local authority 113 114or the industrial finance corporation of india 115 116or any other body corporate which is established or constituted by or under any other law 117or the government of any such country outside india or 118any such person or authority as may be approved in this behalf by the central government in the transaction of any of the following kinds of business, namely: a the purchase and sale of gold or silver 119or foreign exchange b the purchase, sale, transfer and custody of bills of exchange, securities or shares in any company c the collection of the proceeds, whether principal, interest or dividends, of any securities or shares d the remittance of such proceeds, at the risk of the principal, by bills of exchange payable either in india or elsewhere e the management of public debt 120f 121 the issue and management of 122 bonds and debentures 12311a the acting as agent for the central government, 124a in guaranteeing the due performance by any smallscale industrial concern, approved by the central government, of its obligations to any bank or other financial institution in respect of loans and advances made, or other credit facilities provided, to it by such bank or other financial institution and the making as such agent of payments in connection with such guarantee, and b in administering any scheme for subsidising the rate of interest or other charges in relation to any loans or advances made, or other credit facilities provided, by banks or other financial institutions for the purpose of financing or facilitating any export from india and the making as such agent of payments on behalf of the central government 12512 the purchase and sale of gold or silver coins and gold and silver bullion and foreign exchange and the opening of a gold account with the principal currency authority of any foreign country or the bank for international settlements or any international or regional bank or financial institution formed by such principal currency authority or authorities or by the government of any foreign country 12612a the purchase and sale of securities issued by the government of any country outside india or by any institution or body corporate established outside india and expressed to be payable in a foreign currency or any international or composite currency unit, being in the case of purchase by the bank securities maturing within a period of ten years from the date of purchase: provided that in the case of securities of an institution or body corporate, the repayment of principal and payment of interest in respect of such securities shall be guaranteed by the government of the country concerned 12712aa lending or borrowing of securities of the central government or a state government or of such securities of a local authority as may be specified in this behalf by the central government or foreign securities 12ab dealing in repo or reverse repo: provided that lending or borrowing of funds by way of repo or reverse repo shall not be subject to any limitation contained in this section. explanation.for the purposes of this clause, a repo means an instrument for borrowing funds by selling securities of the central government or a state government or of such securities of a local authority as may be specified in this behalf by the central government or foreign securities, with an agreement to repurchase the said securities on a mutually agreed future date at an agreed price which includes interest for the funds borrowed b reverse repo means an instrument for lending funds by purchasing securities of the central government or a state government or of such securities of a local authority as may be specified in this behalf by the central government or foreign securities, with an agreement to resell the said securities on a mutually agreed future date at an agreed price which includes interest for the funds lent 13012b the making of loans and advances in foreign currencies to scheduled banks, 131 74, the exim bank, 133or 134the reconstruction bank or the small industries banki the industrial finance corporation, any state financial corporation and any other financial institution as may, on the recommendation of the bank, be approved by the central government and on such terms and conditions as may be specified by the central board in this behalf, against promissory notes of such bank or financial institution, as the case may be: provided that the borrowing bank or financial institution, as the case may be, furnishes a declaration in writing to the effect that a it has made loans and advances in foreign currencies for financing international trade or for the import of capital goods or for such other purposes as may be approved by the central government and b that the amount of loans or advances so made and outstanding at any time will not be less than the outstanding amount of the loans or advances obtained by it from the bank 13513 the opening of an account with an office outside india of any bank, including a bank incorporated in india or the making of an agency agreement with, and the acting as an agent or correspondent of, any bank incorporated outside india, or the principal currency authority of any country under the law for the time being in force in that country or any international or regional bank or financial institution formed by such principal currency authorities or foreign governments, and the investing of the funds of the bank in the shares and securities of any such international or regional bank or financial institution or of any other foreign institution as may be approved by the central board in this behalf 13613a participation in any arrangement for the clearing and settlement of any amounts due from, or to, any person or authority on account of the external trade of india with any other country or group of countries or of any remittances to, or from, that country or group of countries, including the advancing, or receiving, of any amount in any currency in connection therewith, and, for that purpose, becoming, with the approval of the central government, a member of any international or regional clearing union of central banks monetary or other authorities, or being associated with any such clearing arrangements, or becoming a member of any body or association formed by central banks, monetary or other similar authorities, or being associated with the same in any manner 14 the borrowing of money for a period not exceeding one month for the purposes of the business of the bank, and the giving of security for money so borrowed: provided that no money shall be borrowed under this clause from any person in india 137 other than a scheduled bank 138 or from any person outside india 139 other than a bank which is the principal currency authority of any country under the law for the time being in force in that country: provided further that the total amount of such borrowings from persons in india 135 shall not at any time exceed the amount of the 136capital of the bank 140 15 the making and issue of bank notes subject to the provisions of this act 141 142 143ic15a the exercise of powers and functions and the performance of duties entrusted to the bank under this act or under any other law for the time being in force 14415b the providing of facilities for training in banking and for the promotion of research, where, in the opinion of the bank, such provision may facilitate the exercise by the bank of its powers and functions, or the discharge of its duties 16 generally, the doing of all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its duties under this act 145. 1. the words the secretary of state omitted by the a.o. . 2. subs. by the m.o. , for g.g. in c.. 3. subs. by the m.o. , for l.g.s. 4. the words the federal railway authority omitted by the a.o. . 5. subs. by the a.o. , for provincial. 6. the words the government of burma, the burma railway board, omitted by act 11 of , s 11 w.e.f. . 7. the words and letter part b states omitted by act 32 of , s. 7 w.e.f. . 8. ins. by act 13 of , s. 135 w.e.f. . 9. subs. by the m.o. , for drawn on and payable in india. 10. subs. by act 11 of , s. 11, for india or burma and payable in india or burma w.e.f. . 11. ins. by act 32 of , s. 7 w.e.f. . 12. ins. by act 51 of , s. 6 w.e.f. . 13. the words or a burma scheduled bank omitted by act 11 of , s. 11 w.e.f. , which were inserted by m.o. . 14. subs. by act 35 of , s. 3, for maturing within ninety days from the date of such purchase or rediscount, exclusive of days of grace w.e.f. . 15. subs. by m.o. , for drawn and payable in india. 16. subs. by act 11 of , s. 11, for either in india or in burma and payable either in india or in burma w.e.f. . 17. subs. by s. 11, ibid., for a burma scheduled bank, a provincial cooperative bank, or a burma cooperative bank w.e.f. . 18. subs. by the a.o. , for provincial. 19. ins. by act 51 of , s. 6 w.e.f. . 20. subs. by s. 6, ibid.,for financing seasonal agricultural operations w.e.f. . 21. subs. by act 32 of , s. 7, for nine months w.e.f. . 22. the explanation omitted by act 23 of , s. 4 w.e.f. . earlier added by act 54 of , s. 3 w.e.f. . 23. ins. by act 54 of , s. 3 w.e.f. . 24. subs. by act 11 of , s. 11, for either in india or burma and payable either in india or in burma w.e.f. . 25. the words or a burma scheduled bank omitted by s. 11, ibid. w.e.f. . 26. subs. by the m.o. , for the government of india or a l.g.. 27. subs. by act 11 of , s. 11, for or a provincial government w.e.f. . 28. the words or such securities of part b states as may be specified in this behalf by the central government on the recommendation of the central board omitted by act 32 of , s. 7 w.e.f. . 29. the words and burma scheduled banks omitted by act 11 of , s. 11 w.e.f. which was earlier inserted by m.o. . 30. subs. by act 62 of , s. 7 and the schedule, for sterling w.e.f. . 31. the words in amounts of not less than the equivalent of one lakh of rupees omitted by act 24 of , s. 4 w.e.f. . 32. subs. by act 35 of , s. 3, for subclause b w.e.f. . 33. subclause c omitted by act 62 of , s. 7 and the schedule w.e.f. . 34. ins. by act 35 of , s. 3 w.e.f. . 35. subs. by act 58 of , s. 24, for subclause b w.e.f. . 36. subs. by s. 24, ibid., for clause ii w.e.f. . 37. ins. by act 51 of , s. 6 w.e.f. . 38. the words and letter part b states omitted by act 32 of , s. 7 w.e.f. . 39. subs. by the m.o. , for and provincial cooperative banks. 40. the words burma scheduled banks omitted by act 11 of , s. 11 w.e.f . 41. subs. by the a.o. , for provincial. 42. subs. by act 19 of , s. 2, for certain words w.e.f. . 43. the words and figures established under the state financial corporations act, omitted by act 24 of , s. 4 w.e.f. . 44. ins. by the a.o. . 45. subs. by act 32 of , s. 2 for the states w.e.f. . 46. the words or burma omitted by act 11 of , s. 11 w.e.f. which was inserted by the m.o. . 47. ins. by act 24 of , s. 6 w.e.f. . 48. subs. by the m.o. , for or a provincial cooperative bank. 49. subs. by act 11 of , s. 11, for burma scheduled bank, provincial cooperative bank or burma w.e.f. . 50. subs. by the a.o. , for provincial. 51. subs. by act 32 of , s. 7, for which have been transferred w.e.f. . 52. subs. by act 24 of , s. 6, for a cash credit or overdraft granted w.e.f. . 53. subs. by act 51 of , s. 6, for financing seasonal agricultural operations w.e.f. . 54. added by act 35 of , s. 3 w.e.f. . 55. ins. by act 14 of , s. 2 w.e.f. . 56. the words and figures established under the state financial corporations act, omitted by act 24 of , s. 4 w.e.f. . 57. subs. by act 51 of , s. 6, for the proviso w.e.f. . 58. subs. by act 81 of , s. 2, for ninety per cent. of the paidup share capital w.e.f. . 59. subs. by act 61 of , s. 61 and the second schedule, for clause 4aa w.e.f. . 60. clause 4a renumbered and relettered as clause 4aa thereof by act 14 of , s. 2 w.e.f. . earlier it was inserted by act 54 of , s. 3 w.e.f. . 61. ins. by act 54 of , s. 3 w.e.f. . 62. the words and figures established under the industrial finance corporation act, omitted by act 24 of , s. 4 w.e.f. . 63. the proviso omitted by act 66 of , s. 5 w.e.f. . 64. subs. by act 14 of , s. 2, for clause 4bb w.e.f. . earlier inserted by act 19 of , s. 2 w.e.f. . 65. ins. by act 52 of , s. 44 and the second schedule w.e.f. . 66. the word or omitted by act 17 of , s. 11 w.e.f. . 67. ins. by s. 11, ibid. w.e.f. . 68. ins. by act 28 of , s. 55 w.e.f. . 69. ins. by act 47 of , s. 51 and the second schedule w.e.f. . 70. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 71. subs. by act 61 of , s. 61 and the second schedule, for clause 4e w.e.f. . 72. ins. by ac 52 of , s. 44 and the second schedule w.e.f. . 73. ins. by act 18 of , s. 38 and the second schedule w.e.f. . 74. the words the development bank or omitted by act 53 of , s. 12 and the schedule w.e.f. . repeat 75. ins. by act 28 of , s. 40 and the second schedule w.e.f. . 76. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 77. ins. by act 39 of , s. 53 and the second schedule w.e.f. . reapeat 78. ins. by act 17 of , s. 47 and the second schedule w.e.f. . 79 ins. by act 53 of , s. 56 and the second schedule w.e.f. . 80. ins. by act 24 of , s. 4 w.e.f. . 81 ins. by act 62 of , s. 71 and the third schedule w.e.f. . 82. ins. by act 17 of , s. 47 and the second schedule w.e.f. . 83. subs. by the m.o. , for g.g. in c. 84. subs. by ibid., for certain words. 85. the words the federal railway authority omitted by the a.o. . 86. subs. by act 11 of , s. 11, for provincial governments, the government of burma and the burma railway board w.e.f. . 87. subs. by the a.o. , for provincial. 88. subs. by act 32 of , s. 7, for clause 6 w.e.f. . 89. ins. by act 26 of , s. 2 w.e.f. . 90. clause 7 repealed by act 2 of , s. 2 and the schedule w.e.f. . 91. subs. by the m.o. , for of the g. of i or of a l.g.. 92.subs. by act 11 of , s. 11, for government, a provincial government or the government of burma w.e.f. . 93. the words and letter or such part b states omitted by act 32 of , s. 7 w.e.f. . 94. subs. by the m.o. , for g.g. in c. 95. subs., ibid., for the g. of i., a l.g., a local authority or state in india . 96. subs. by act 32 of , s. 7, for authority or state w.e.f. . 97. the second proviso omitted by s. 7, ibid. w.e.f. . 98. ins. by act 23 of , s. 52 and the third schedule w.e.f. . 99. ins. by act 10 of , s. 47 and the second schedule w.e.f. . 100. subs. by act 61 of , s. 61 and the second schedule, for agricultural refinance and development corporation w.e.f. . 101. ins. by act 47 of , s. 51 and the second schedule w.e.f. . 102. the words the development bank omitted by act 53 of , s. 12 and the schedule w.e.f. . 103. subs. by act 79 of , s. 43 and the second schedule, for or any of its subsidiary banks w.e.f. . 104. ins. by act 19 of , s. 2 w.e.f. . 105. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 106. ins. by act 38 of , s. 64 and the third schedule w.e.f. . 107. the words the secretary of state omitted by the a.o. . 108. subs., ibid., for certain words. 109. the words and letter or any part b state omitted by act 32 of , s. 7 w.e.f. . 110. the words or the government of burma omitted by act 11 of , s. 11 w.e.f. . 111. . ins. by act 44 of , s. 2. 112. the words established under the industrial finance corporation act, 15 of omitted by act 24 of , s. 4 w.e.f. . 113. ins. by act 51 of , s. 6 w.e.f. . 114. ins. by act 32 of , s. 7 w.e.f. . 115. subs. by act 51 of , s. 6, for any such person w.e.f. . 116. added by act 23 of , s. 3 w.e.f. . 117. ins. by act 44 of , s. 2. 118. the words in respect of the aforesaid corporation omitted by act 51 of , s. 6 w.e.f. . 119. the word its omitted by s. 6, ibid. w.e.f. . 120. subs. by act 58 of , s. 24, for clause 11a w.e.f. . earlier it was inserted by act 14 of , s. 2 w.e.f. . 121. restored by act 81 of , s. 12 w.e.f. . earlier subclause a omitted by act 21 of , s. 9 date to be notified. 122. subs. by act 24 of , s. 4, for clause 12 w.e.f. . 123. subs. by s. 4, ibid., for clause 12a w.e.f. . 124. ins. by act 26 of , s. 2 w.e.f. . 125. ins. by act 24 of , s. 4 w.e.f. . 126. the words the development bank omitted by act 53 of , s. 12 and the schedule w.e.f. . 127. subs. by act 24 of , s. 4, for clause 13 w.e.f. which was inserted by the m.o. . 128. ins. by act 44 of , s. 2 w.r.e.f. . 129. the words or a burma scheduled bank omitted by s. 11, ibid. w.e.f. which were earlier inserted by the m.o. . 130. the words or a burma scheduled bank omitted by s. 11, ibid. w.e.f. which were earlier inserted by the m.o. . 131. the words and burma omitted by s. 11, ibid. w.e.f. . 132. the words and burma omitted by act 11 of , s. 11 w.e.f. . 133. subs. by act 32 of , s. 7, for share capital w.e.f. . 134. clause 14a omitted by act 38 of , s. 64 and the third schedule w.e.f. which was inserted by act 79 of , s. 43 and the second schedule w.e.f. . 135. the words and the making and issue of burma notes in accordance with the law of burma omitted by act 11 of , s. 11 w.e.f. which was inserted by the m.o. . the word and omitted by ordinance 47 of , s. 6. 137. subs. by act 23 of , s. 52 and the third schedule for clause 15a w.e.f. . 138. ins. by act 58 of , s. 24 w.e.f. . 139.the words and the law of burma omitted by act 11 of , s. 11 w.e.f. which was inserted by the m.o. .

section 13. of the reserve bank of india act : 1 meetings of the central board shall be conveyed by the governor at least six times in each year and at least once in each quarter. 2 any 1four directors may require the governor to convene a meeting of the central board at any time and the governor shall forthwith convene a meeting accordingly. 3 the governor, or 2if for any reason, he is unable to attend, the deputy governor authorised by the governor under the proviso to subsection 3 of section 8 to vote for him shall preside at meetings of the central board, and, in the event of an equality of votes, shall have a second or casting vote. 1. subs. by act 18 of , s. 38 and the second schedule, for three directors w.e.f. . 2. subs. by act 24 of , s. 5, for in his absence w.e.f. .

section 18. of the reserve bank of india act : 1when, in the opinion of the 2bank 3, a special occasion has arisen making it necessary or expedient that action should be taken 4under this section for the purposes of regulating credit in the interests of indian 5 trade, commerce, industry and agricultural, the bank may, notwithstanding any limitation contained in 6 section 17, 71 purchase, sell or discount any bill of exchange or promissory note though such bill or promissory note is not eligible for purchase or discount by the bank under that section or 8 93 make loans or advances to a a state cooperative bank, or b on the recommendation of a state cooperative bank, to a cooperative society registered within the area in which the state cooperative bank operates, or c any other person, repayable on demand or on the expiry of the fixed periods, not exceeding ninety days, on such terms and conditions as the bank may consider to be sufficient. 10 11 1. the brackets and figures 1 omitted by act 51 of , s. 7 w.e.f. . 2. subs. by act 32 of , s. 8, for central board w.e.f. . 3. certain words omitted by act 62 of , s. 7 and the schedule w.e.f. . 4. subs. by act 51 of , s. 7, for under this subsection w.e.f. . 5. the words or burman omitted by act 11 of , s. 12 w.e.f. which was inserted by the m.o. . 6. the words, brackets, letters and figures subclauses a and b of clause 2 or subclause a or b of clause 3 or clause 4 of omitted by act 51 of , s. 7 w.e.f. . 7. subs. by s. 7, ibid., for clause 1 w.e.f. . 8. clause 2 omitted by act 24 of , s. 5 w.e.f. . 9. subs. by act 51 of , s. 7, for clause 3 w.e.f. . 10. the proviso omitted by act 62 of , s. 7 and the schedule w.e.f. . 11. subsection 2 omitted by act 51 of , s. 7 w.e.f. .

section 19. of the reserve bank of india act : save as otherwise provided in sections 17, 18, 142 and 45, the bank may not 1 engage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking except such interest as it may in any way acquire in the course of the satisfaction of any of its claims: provided that all such interests shall be disposed of at the earliest possible moment 22 purchase the shares of any banking company or of any other company, or grant loans upon the security of any such shares 3 advance money on mortgage of, or otherwise on the security of, immovable property or documents of title relating thereto, or become the owner of immovable property, except so far as is necessary for its own business premises and residences for its officers and servants 4 make loans or advances 5 draw or accept bills payable otherwise than on demand 6 allow interest on deposits or current accounts. 1. ins. by act 38 of , s. 2 w.e.f. . 1. subs. by act 32 of , s. 9, for clause 2 w.e.f. .

section 15.. of the reserve bank of india act : first constitution of the central board.omitted by s. 7 and the schedule, ibid. w.e.f. .

section 14.. of the reserve bank of india act : general meetings.omitted by the reserve bank transfer to public ownership act, 62 of , s. 7 and the schedule w.e.f. .

section 18a. of the reserve bank of india act : 118a. validity of loan or advance not to be questioned. notwithstanding anything to the contrary contained in any other law for the time being in force, a the validity of any loan or advance granted by the bank in pursuance of the provisions of this act shall not be called in question merely on the ground of noncompliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument: provided that nothing in this clause shall render valid any loan or advance obtained by any company or cooperative society where such company or cooperative society is not empowered by its memorandum to obtain loans or advances b where a loan or advance has been granted under clause 3a or under clause 3b or section 17 or a loan or advance granted under clause 3 of section 18 by the bank to any person has been applied by such person, wholly or in part, in making a loan or advance to any borrower, any sum received i by the borrowing bank on account of bills of exchange in respect of which the declaration under clause i of the proviso to clause 3a of section 17 has been furnished or in repayment or realisation of the outstanding loans and advances referred to in clause ii of the said proviso or in the proviso to clause 3b of the said section, or ii by the borrowing bank or any other person in repayment or realisation of loans and advances granted to a borrower out of funds obtained by it or by him from the bank under section 18, shall be utilised only for the repayment by the borrowing bank or other person, as the case may be, of the amounts due to be repaid by it or by him to the bank, and shall be held by it or by him in trust for the bank, until such time as the amounts are so repaid. 1. ins. by act 51 of , s. 8 w.e.f. .

section 20. of the reserve bank of india act : the bank shall undertake to accept monies for account of 1 2 the central government 3 and to make payments up to the amount standing to the credit of 4its account, and to carry out 5its exchange, remittance and other banking operations, including the management of the public debt 6of the union. 1. subs. by the m.o. , for certain words. 2. the words the secretary of state omitted by the a.o. . 3. the words and letter and the governments of part a states omitted by act 37 of , s. 104 w.e.f. . 4 subs. by s. 104, ibid., for their accounts respectively w.e.f. . 5. subs. by s. 104, ibid., for their exchange w.e.f. . 6. ins. by s. 104, ibid. w.e.f. .

section 20a.. of the reserve bank of india act : transaction of business for british military administration, burma.omitted to the repeal of the ordinance by act 11 of which was earlier temporarily inserted by ordinance 19 of .

section 23. of the reserve bank of india act : 1 the issue of bank notes shall be conducted by the bank in an issue department which shall be separated and kept wholly distinct from the banking department, and the assets of the issue department shall not be subject to any liability other than the liabilities of the issue department as hereinafter defined in section 34. 2 the issue department shall not issue bank notes to the banking department or to any other person except in exchange for other bank notes or for such coin, bullion or securities as are permitted by this act to form part of the reserve. 1 1. subsection 3 omitted by act 11 of , s. 13 w.e.f. which was inserted by the m.o. .

section 21a. of the reserve bank of india act : 121a. bank to transact government business of states on agreement.1 the bank may by agreement with the government of any 2 state 3 undertake a all its money, remittance, exchange and banking transactions in india, including in particular, the deposit, free of interest, of all its cash balances with the bank and b the management of the public debt of, and the issue of any new loans by, that state. 2 any agreement made under this section shall be laid, as soon as may be after it is made, before parliament. 1. ins. by act 32 of , s. 12 w.e.f. . 2. the word and letter part b omitted by act 37 of , s. 104 w.e.f. . 3. the words including the autonomous state of meghalaya omitted by act 81 of , s. 72 w.e.f. which was earlier inserted by act 55 of , s. 75 w.e.f. .

section 21b. of the reserve bank of india act : 1 21b. effect of agreements made between the bank and certain states before the 1st november, .1 any agreement made under section 21 or section 21a between the bank and the government of a state specified in the explanation below and in force immediately before the 1st day of november, , shall, as from that day have effect as if it were an agreement made on that day under section 21a between the bank and the government of the corresponding state subject to such modifications, if any, being of a character not affecting the general operation of the agreement, as may be agreed upon between the bank and the government of the corresponding state, or in default of such agreement, as may be made therein by order of the central government. explanation.in this subsection corresponding state means, a in relation to the agreement between the bank and the state of andhra, the state of andhra pradesh / b in relation to the agreement between the bank and any other part a state as it existed before the 1st day of november, , the state with the same name and c in relation to the agreement between the bank and the part b state of mysore or travancorecochin as it existed before the 1st day of november, , the state of mysore of kerala respectively. 2 any agreement made under section 21a between the bank and the government of the part b state of hyderabad, madhya bharat or saurashtra shall be deemed to have terminated on the 31st day of october, . 1. ins. by act 37 of , s. 104 w.e.f. .

section 24. of the reserve bank of india act : 124. denominations of notes.1 subject to the provisions of subsection 2 bank notes shall be of the denominational value to two rupees, five rupees, ten rupees, twenty rupees, fifty rupees, one hundred rupees, five hundred rupees, one thousand rupees, five thousand rupees and ten thousand rupees or of such other denominational values, not exceeding ten thousand rupees, as the central government may, on the recommendation of the central board, specify in this behalf. 2 the central government may, on the recommendation of the central board, direct the nonissue or the discontinuance of issue of bank notes of such denominational values as it may specify in this behalf. 1. subs. by act 58 of , s. 25, for section 24 w.e.f. .

section 21. of the reserve bank of india act : 1 the 1central government 2 shall entrust the bank, on such conditions as may be agreed upon, with all 3its money, remittance, exchange and banking transactions in india, and, in particular, shall deposit free of interest all 3its cash balances with the bank: provided that nothing in this subsection shall prevent the 1central government 4 from carrying on money transactions at places where the bank has no branches or agencies, and the 1 central government 2 may hold at such places such balances as 5it may require. 2 the 1central government 6 shall entrust the bank, on such conditions as may be agreed upon, with the management of the public debt and with the issue of any new loans. 3 in the event of any failure to reach agreement on the conditions referred to in this section the 1central government shall decide what the conditions shall be. 74 any agreement made under this section shall be laid, as soon as may be after it is made, before parliament. 8 1. subs. by the m.o. , for g.g. in c. 2. the words and the state governments omitted by act 37 of , s. 104 w.e.f. . 3. subs. by s. 104, ibid., for their w.e.f. . 4. the words or any state government omitted by s. 104, ibid. w.e.f. . 5. subs. by s. 104, ibid., for they w.e.f. . 6. the words and each state government omitted by s. 104, ibid. w.e.f. . 7. subs. by s. 104, ibid. for subsection 4 w.e.f. . 8. subsection 5 omitted by s. 104, ibid. w.e.f. which was inserted by act 32 of , s. 3 w.e.f. .

section 22. of the reserve bank of india act : 1 the bank shall have the sole right to issue bank notes in 1india, and may, for a period which shall be fixed by the 2central government on the recommendation of the central board, issue currency notes of the government of india supplied to it by the 2central government, and the provisions of this act applicable to bank notes shall, unless a contrary intention appears, apply to all currency notes of the government of india issued either by the 2central government or by the bank in like manner as if such currency notes were bank notes, and references in this act to bank notes shall be construed accordingly. 2 on and from the date on which this chapter comes into force the 2central government shall not issue any currency notes. 1. subs. by act 32 of , s. 2, for the states w.e.f. . 2. subs. by the m.o. , for g.g. in c.

section 22a.nonapplicability of certain provisions to digital form of bank notes of the reserve bank of india act : 122a. nonapplicability of certain provisions to digital form of bank notes.nothing contained in sections 24, 25, 27, 28 and 39 shall apply to the bank notes issued in digital form by the bank. 1. ins. by act 6 of , s. 125 w.e.f. .

section 25. of the reserve bank of india act : the design, form the material of bank notes shall be such as may be approved by the 1central government after consideration of the recommendations made by the central board. 1. subs. by the m.o. , for g.g. in c.

section 26. of the reserve bank of india act : 1 subject to the provisions of subsection 2, every bank note shall be legal tender at any place in 1india in payment, or on account for the amount expressed therein, and shall be guaranteed by the 2central government. 2 on recommendation of the central board the 2central government may, by notification in the gazette of india, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender 3save at such office or agency of the bank and to such extent as may be specified in the notification. 4 1. subs. by act 32 of , s. 2, for the states w.e.f. . 2. subs. by the m.o. , for g.g. in c.. 3. subs. by act 32 of , s. 13, for save at an office or agency of the bank w.e.f. . 4. subsection 3 omitted by act 11 of , s. 14 w.e.f. which was inserted by the m.o. .

section 30. of the reserve bank of india act : 1 if in the opinion of the 1central government the bank fails to carry out any of the obligations imposed on it by or under this act 2 3the central government may, by notification in the gazette of india, declare the central board to be superseded, and thereafter the general superintendence and direction of the affairs of the bank shall be entrusted to such agency as the 1central government may determine, and such agency may exercise the powers and do all acts and things which may be exercised or done by the central board under this act. 2 when action is taken under this section the 1central government shall cause a full report of the circumstances leading to such action and of the action taken to be laid before 4parliament at the earliest possible opportunity and in any case within three months from the issue of the notification superseding the board. 1 subs. by the m.o. , for g.g. in c.. 2. the words or by or under the law of burma omitted by act 11 of , s. 17 w.e.f. which was earlier inserted by the m.o. . 3. subs. by the m.o. , for he. 4. subs. by the a.o. , for the central legislature.

section 26a. of the reserve bank of india act : 126a. certain bank notes to cease to be legal tender. notwithstanding anything contained in section 26, no bank note of the denominational value of five hundred rupees, one thousand rupees or ten thousand rupees issued before the 13th day of january, , shall be legal tender in payment or on account for the amount expressed therein. 1. ins. by act 62 of , s. 2 and the schedule w.e.f. .

section 27. of the reserve bank of india act : the bank shall not reissue bank notes which are torn, defaced or excessively spoiled.

section 31. of the reserve bank of india act : 21 no person in 3india other than the bank, or, as expressly authorised by this act the 1central government shall draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person: provided that cheques or drafts, including hundis, payable to bearer on demand or otherwise may be drawn on a persons account with a banker, shroff or agent. 42 notwithstanding anything contained in the negotiable instruments act, , 26 of no person in 190india other than the bank or, as expressly authorised by this act, the central government shall make or issue any promissory note expressed to be payable to the bearer of the instrument. 53 notwithstanding anything contained in this section, the central government may authorise any scheduled bank to issue electoral bond. explanation.for the purposes of this subsection, electroal bond means a bond issued by any scheduled bank under the scheme as may be notified by the central government. 1 subs. by the m.o. , for g.g. in c. 2. section 31 renumbered as subsection 1 thereof by act 23 of , s. 2 w.e.f. . 3. subs. by act 32 of , s. 2, for the states w.e.f. . 4. added by act 23 of , s. 2 w.e.f. . 5. ins. by act 7 of , s. 134 w.e.f. .

section 28. of the reserve bank of india act : 1 notwithstanding anything contained in any enactment or rule of law to the contrary, no person shall of right be entitled to recover from the 2central government or the bank, the value of any lost, stolen, mutilated or imperfect currency note of the government of india or bank note: provided that the bank may, with the previous sanction of the 2central government, prescribed the circumstances in and the conditions and limitations subject to which the value of such currency notes or bank notes may be refunded as of grace and the rules made under this proviso shall be laid on the table 3 of 4parliament. 5 1. the brackets and figure 1 omitted by act 11 of , s. 15 w.e.f. which was inserted by the m.o. . 2. subs. by the m.o. , for g.g. in c.. 3. the words of both houses omitted by the a.o. . 4. subs. by the a.o. , for the central legislature. 5. subsection 2 omitted by act 11 of , s. 15 w.e.f. which was inserted by the m.o. .

section 28a. of the reserve bank of india act : 128a. issue of special bank notes and special one rupee notes in certain cases.1 for the purpose of controlling the circulation of bank notes without india, the bank may, notwithstanding anything contained in any other provision of this act, issue bank notes of such design, form and material as may be approved under subsection 3 hereinafter in this section referred to as special bank notes of the denominational values of five rupees, ten rupees and one hundred rupees. 2 for the purpose of controlling the circulation of government of india one rupee notes without india, the central government may, notwithstanding anything contained in any other provision of this act or in the currency ordinance, ord. 4 of issue government of india notes of the denominational value of one rupee of such design, form and material as may be adopted under subsection 3 hereinafter in this section referred to as special one rupee notes. 3 the design, form and material of the special bank notes shall be such as may be approved by the central government after consideration of the recommendations made by the governor and of the special one rupee notes shall be such as the central government may think fit to adopt. 4 neither the special bank notes not the special one rupee notes shall be legal tender in india. 5 the special one rupee note shall be deemed to be included in the expression rupee coin for all the purposes of this act except section 39, but shall be deemed not to be a currency note for any of the purposes of this act. 6 where a special bank note is on its face expressed to be payable at a specified office or branch of the bank, the obligation imposed by section 39 shall be only on the specified office or branch and, further, shall be subject to such regulations as may be made under this section. 7 the bank may, with the previous sanction of the central government, make regulations to provide for all matters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this section, and, in particular, the manner in which, and the conditions or limitations subject to which i bank notes and one rupee notes in circulation in any country outside india may be replaced by special notes issued under this section ii any such special notes may be exchanged for any other bank notes or one rupee notes. 1. ins. by act 14 of , s. 2 w.e.f. .

section 29. of the reserve bank of india act : the bank shall not be liable to the payment of any stamp duty under the indian stamp act, 2 of in respect of bank notes 1 issued by it. 1. the words or burma notes omitted by act 11 of , s. 16 w.e.f. which was earlier inserted by the m.o. .

section 32.. of the reserve bank of india act : penalty.omitted by the reserve bank of india amendment act, 51 of , s. 9 w.e.f. .

section 39. of the reserve bank of india act : 1 the bank shall issue rupee coin on demand in exchange for bank notes and currency notes of the government of india and shall issue currency notes or bank notes on demand in exchange for coin which is legal tender under the indian coinage act, 3 of . 2 the bank shall, in exchange for currency notes or bank notes of 2two rupees or upwards, supply currency notes or bank notes of lower value or other coins which are legal tender under the indian coinage act, 3 of , in such quantities as may, in the opinion of the bank, be required for circulation and the 1central government shall supply such coins to the bank on demand. if the 1central government at any time fails to supply such coins, the bank shall be released from its obligations to supply them to the public. 1. subs. by the m.o. , for g.g. in c. 2. subs. by act 62 of , s. 7 and the schedule, for five w.e.f. .

section 33. of the reserve bank of india act : 1 the assets of the issue department shall consist of gold coin, gold bullion, 1foreign securities, rupee coin and rupee securities to such aggregate amount as is not less than the total of the liabilities of the issue department as hereinafter defined. 22 the aggregate value of the gold coin, gold bullion and foreign securities held as assets and the aggregate value of the gold coin and gold bullion so held shall not at any time be less than two hundred crores of rupees and one hundred and fifteen crores of rupees, respectively. 33 the remainder of the assets shall be held in rupee coin, government of india rupee securities of any maturity, promissory notes drawn by the national bank for any loans or advances under clause 4e of section 17 and such bills of exchange and promissory notes payable in india as are eligible for purchase by the bank under subclause a or subclause b or subclause bb of clause 2 of section 17 or under clause 1 of section 18. 4 for the purposes of this section, gold coin the gold bullion shall be valued at 4a price not exceeding the international market price for the time being obtaining, rupee coin shall be valued at its face value, and securities shall be valued 5at rates not exceeding the market rates for the time being obtaining. 5 of the gold coin and gold bullion held as assets, not less than seventeentwentieths shall be held in 6india, and all gold coin and gold bullion held as assets shall be held in the custody of the bank or its agencies: provided that gold belonging to the bank which is in any other bank or in any mint or treasury or in transit may be reckoned as part of the assets. 76 for the purposes of this section, the foreign securities which may be held as part of the assets shall be i securities of the following kinds payable in the currency of any foreign country which is a member of the international monetary fund, namely: a balances with the bank which is the principal currency authority of that foreign country and any other balances or securities in foreign currency maintained with or issued by the international monetary fund, the international bank for reconstruction and development, the international development association or the international finance corporation 8or asian development bank or the bank for international settlements or 9any banking or financial institution 10approved by the central government in this behalf provided that they are repayable within a 11period of ten years b bills of exchange bearing two or more good signatures and drawn on and payable at any place in that foreign country and having a maturity not exceeding ninety days and c government securities of that foreign country maturing 12within ten years ii any drawing rights representing a liability of the international monetary fund. 1. subs. by act 62 of , s. 7 and the schedule, for sterling securities w.e.f. . 2. subs. by act 48 of , s. 2, for subsection 2 w.e.f. . 3. subs. by act 61 of , s. 61 and the second schedule, for subsection 3 w.e.f. . 4. subs. by act 8 of , s. 2, for 0. grammes of fine gold per rupee w.e.f. . 5. subs. by act 58 of , s. 26, for at the market rate w.e.f. . 6. subs. by act 32 of , s. 2, for the states w.e.f. . 7. subs. by act 51 of , s. 10, for subsection 6 w.e.f. . 8. ins. by act 24 of , s. 6 w.e.f. . 9. subs. by s. 6, ibid., for any commercial bank notified by the central government w.e.f. . 10. subs. by act 1 of , s. 4, for notified w.e.f. . 11. subs. by act 24 of , s. 6, for period of five years w.e.f. . 12. subs. by s. 6, ibid., for within five years w.e.f. .

section 34. of the reserve bank of india act : 1 the liabilities of the issue department shall be an amount equal to the total of the amount of the currency notes of the government of india and bank notes for the time being in circulation. 1 2 1. subsection 2 omitted by act 55 of , s. 2 w.e.f. . 2. subsection 3 omitted by s. 2, ibid. w.e.f. which was earlier inserted by the m.o. .

section 35.. of the reserve bank of india act : initial assets and liabilities.omitted by the reserve bank transfer to public ownership act, 62 of , s. 7 and the schedule w.e.f. .

section 36.. of the reserve bank of india act : method of dealing with fluctuations in rupee coin assets.omitted by the banking laws miscellaneous provisions act, 55 of , s. 3 w.e.f. .

section 37. of the reserve bank of india act : 137. suspension of assets requirements as to foreign securities.notwithstanding anything contained in the foregoing provisions, the bank may, with the previous sanction of the central government, for periods not exceeding six months in the first instance, which may, with the like sanction, be extended from time to time by period not exceeding three months at a time, hold as assets foreign securities of less amount in value than that required by subsection 2 of section 33. 2 1. subs. by act 38 of , s. 4, for section 37 w.e.f. . 2. the proviso omitted by act 48 of , s. 3 w.e.f. .

section 38. of the reserve bank of india act : the 1central government shall undertake not 2 to put into circulation any rupees, except through the bank, 3 and the bank shall undertake not to dispose of rupee coin otherwise than for the purposes of circulation 4. 1. subs. by the m.o. , for g.g. in c. 2. the words and figures to reissue any rupee coin delivered under section 36 nor omitted by act 55 of , s. 4 w.e.f. 12 . 3. the words and as provided in that section omitted by ordinance 4 of , s. 3. 4. the words or by delivery to the central government under that sections omitted by act 55 of , s. 4 w.e.f. .

section 40. of the reserve bank of india act : 140. transactions in foreign exchange.the bank shall sell to or buy from any authorised person who makes a demand in that behalf at its office in bombay, calcutta, delhi or madras 2or at such or its branches as the central government may, by order determine, foreign exchange at such rates of exchange and on such conditions as the central government may from time to time by general or special order determine, having regard so far as rates of exchange are concerned to its obligations to the international monetary fund: provided that no person shall be entitled to demand to buy or sell foreign exchange of a value less than two lakhs of rupees. explanation.in the section authorised person means a person who is entitled by or under the 3foreign exchange regulation act, 46 of , to buy, or as the case may be, sell, the foreign exchange to which his demand relates. 1 subs. by act 23 of , s. 4, for sections 40 and 41 w.e.f. . 2. ins. by act 54 of , s. 5 w.e.f. . 3. subs. by act 1 of , s. 5, for foreign exchange regulation act, 7 of w.e.f. .

section 41a.. of the reserve bank of india act : 41a. obligation to provide remittance between india and burma.omitted by the reserve bank of india amendment act, 11 of , s. 22 w.e.f. . earlier it was inserted by the m.o. .

section 45a. of the reserve bank of india act : 145a. definitions.in this chapter, unless the context otherwise requires, a banking company means a banking company as defined in section 5 of the 2banking regulation act, 10 of and includes the state bank of india, 3any subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of , any corresponding new bank constituted by section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , and any other financial institution notified by the central government in this behalf b borrower means any person to whom any credit limit has been sanctioned by any banking company, whether availed of or not, and includes i in the case of a company or corporation, its subsidiaries ii in the case of a hindu undivided family, any member thereof or any firm in which such member is a partner iii in the case of a firm, any partner thereof or any other firm in which such partner is a partner and iv in the case of an individual, any firm in which such individual is a partner c credit information means any information relating to i the amounts and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class of borrowers ii the nature of security taken from any borrower 4or class of borrowers for credit facilities 5granted to him or to such class iii the guarantee furnished by a banking company for any of its customers 6or any class of its customers 6iv the means, antecedents, history of financial transactions and the creditworthiness of any borrower or class of borrowers v any other information which the bank may consider to be relevant for the more orderly regulation of credit or credit policy. 1. ins. by act 35 of , s. 6 w.e.f. . 2. subs. by act 51 of , s. 3, for banking companies act, w.e.f. . 3. subs. by s. 13, ibid., for or any other banking or financial institution notified by the central government in this behalf w.e.f. . 4. ins. by s. 13, ibid., w.e.f. . 5. subs. by s. 13, ibid., for granted to him and w.e.f. . 6 ins. by act 51 of , s. 13 w.e.f. .

section 42. of the reserve bank of india act : 11 every bank included in the second schedule shall maintain with the bank an average daily balance the amount of which shall not be less than 2such per cent. of the total of the demand and time liabilities in india of such bank as shown in the return referred to in subsection 2, as the bank may from time to time, having regard to the needs of securing the monetary stability in the country, notify in the gazette of india: 3 explanation.for the purposes of this section, a average daily balance shall mean the average of the balances held at the close of business of each day 4of a fortnight 5b fortnight shall mean the period from saturday to the second following friday, both days inclusive 6c liabilities shall not include i the paidup capital or the reserves or any credit balance in the profit and loss account of the bank ii the amount of any loan taken from the bank 7 8or from the exim bank 9or from the reconstruction bank 10or from the national housing bank or from the 11national bank 12or from the small industries bank 13or from the national bank for financing infrastructure and development or from the other development financial institution 14 iii in the case of a state cooperative bank, also any loan taken by such bank from a state government 15or from the national cooperative development corporation established under the national cooperative development corporation act, 26 of and any deposit of money with such bank representing the reserve fund or any part thereof 16 maintained with it by any cooperative society within its area of operation 17iv in the case of a state cooperative bank, which has granted an advance against any balance maintained with it, such balance to the extent of the amount outstanding in respect of such advance 15v in the case a regional rural bank, also any loan taken by such bank from its sponsor bank 15d the aggregate of the liabilities of a scheduled bank which is not a state cooperative bank, to, i the state bank ii a subsidiary bank as defined in section 2 of the state bank of india subsidiary banks act, 38 of iii a corresponding new bank constituted by section 3 of the banking companies acquisition and transfer of undertakings act, 5 of 15iiia a corresponding new bank constituted by section 3 of the banking companies acquisition and transfer of undertakings act, 40 of iv a banking company as defined in clause c section 5 of the banking regulation act, 10 of v a cooperative bank or vi any other financial institution notified by the central government in this behalf, shall be reduced by the aggregate of the liabilities of all such banks and institutions to the scheduled bank e the aggregate of the liabilities of a scheduled bank which is a state cooperative bank, to, i the state bank ii a subsidiary bank as defined in section 2 of the state bank of india subsidiary banks act, 38 of iii a corresponding new bank constituted by section 3 of the banking companies acquisition and transfer of undertakings act, 5 of 15iiia a corresponding new bank constituted by section 3 of the banking companies acquisition and transfer of undertakings act, 40 of iv a banking company as defined in clause c of section 5 of the banking regulation act, 10 of or v any other financial institution notified by the central government in, this behalf, shall be reduced by the aggregate of the liabilities of all such banks and institutions to the state cooperative bank. 1a notwithstanding anything contained in subsection 1, the bank may, by notification in the gazette of india, direct that every scheduled bank shall, with effect from such date as may be specified in the notification, maintain with the bank, in addition to the balance prescribed by or under subsection 1, an additional average daily balance the amount of which shall not be less than the 18rate specified in the notification, such additional balance being calculated with reference to the excess of the total of the demand and time liabilities of the bank as shown in the return referred to in subsection 2 over the total of its demand and time liabilities at the close of business on the date specified in the notification as shown by such return so however, that the additional balance shall, in no case, be more than such excess: 19provided that the bank may, by a separate notification in the gazette of india, specify different dates in respect of a bank subsequently included in the second schedule. 20 151c the bank may, for the purposes of this section, specify from time to time with reference to any transaction or class of transactions that such transaction or transactions shall be regarded as liability in india of a scheduled bank, and if any question arises as to whether any transaction or class of transactions shall be regarded, for the purposes of this section, as liability in india of a scheduled bank, the decision of the bank thereon shall be final. 212 every scheduled bank shall send to the bank a return signed by two responsible officers of such bank showing a the amount of its demand and time liabilities and the amount of its borrowings from banks in india, 22classifying them into demand and time liabilities, 23 b the total amount of legal tender notes and coins held by it in india, c the balance held by it at the bank in india, d the balances held by it at other banks in current account and the money at call and short notice in india, e the investments at book value in central and state government securities including treasury bills and treasury deposit receipts, f the amount of advances in india, g the inland bills purchased and discounted in india 24and foreign bills purchased and discounted. 25at the close of business on each alternate friday, and every such return shall be sent not later than seven days after the date to which it relates: 26provided that the bank may, by notification in the gazette of india, delete or modify or add to any of the particulars specified in the foregoing clauses: provided further that where 27such alternate friday is a public holiday under the negotiable instruments act, 26 of , for one or more offices of a scheduled bank the return shall give the preceding working days figures in respect of such office or offices, but shall nevertheless be deemed to relate to that friday: 28provided also that where the bank is satisfied that the furnishing of a fortnightly return under this subsection is impracticable in the case of any scheduled bank by reason of the geographical position of the bank and its branches, the bank may allow such bank i to furnish a provisional return for the fortnight within the period aforesaid to be followed by a final return not later than twenty days after the date to which it relates, or ii to furnish in lieu of a fortnightly return a monthly return to be sent not later than twenty days after the end of the month to which it relates giving the details specified in this subsection in respect of such bank at the close of business for the month. 27 2a where the last friday of a month is not an alternate friday for the purpose of subsection2, every scheduled bank shall send to the bank, a special return giving the details specified in subsection 2 as at the close of business on such last friday or where such last friday is a public holiday under the negotiable instruments act, 26 of , as at the close of business on the preceding working day and such return shall be sent not later than seven days after the date to which it relates. 293 if the average daily balance held at the bank by a scheduled bank during any 8 fortnight is below the minimum prescribed by or under subsection 1 or subsection 1a, such scheduled bank shall be liable to pay to the bank in respect of that 30fortnight penal interest at a rate of three per cent. above the bank rate on the amount by which such balance with the bank falls short of the prescribed minimum, and if during the next succeeding 30fortnight, such average daily balance is still below the prescribed minimum, the rates of penal interest shall be increased to a rate of five per cent, above the bank rate in respect of that 30fortnight and each subsequent 8fortnight during which the default continues on the amount by which such balance at the bank falls short of the prescribed minimum. 313a when under the provisions of subsection 3 penal interest at the increased rate of five per cent, above the bank rate has become payable by a scheduled bank, 32if thereafter the average daily balance held at the bank during the next succeeding 33fortnight is still below the prescribed minimum, a every director, manager or secretary of the scheduled bank, who is knowingly and wilfully a party to the default, shall be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each subsequent 33fortnight during which the default continues, and b the bank may prohibit the scheduled bank from receiving after the said 33fortnight any fresh deposit, and, if default is made by the scheduled bank in complying with the prohibition referred to in clause b, every director and officer of the scheduled bank who is knowingly and wilfully a party to such default or who through negligence or otherwise contributes to such default shall in respect of each such default be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each day after the first on which a deposit received in contravention of such prohibition is retained by the scheduled bank. explanation.in this subsection officer includes a 34 manager, secretary, branch manager, and branch secretary. 4 any scheduled bank failing to comply with the provisions of subsection 2 35shall be liable to pay to the bank a penalty of one hundred rupees for each day during which the failure continues. 365 a the penalties imposed by subsections 3 and 4 shall be payable within a period of fourteen days from the date on which a notice issued by the bank demanding the payment of the same is served on the scheduled bank, and in the event of failure of the scheduled bank to pay the same within such period, may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting bank is situated, such direction to be mode only upon an application made in this behalf to the court by the bank b when the court makes a direction under clause a, it shall issue a certificate specifying the sum payable by the scheduled bank and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a suit c notwithstanding anything contained in this section, if the bank is satisfied that the defaulting bank and sufficient cause for its failure to comply with the provisions of subsection 1, 1a or 2, it may not demand the payment of the penal interest of the penalty, as the case may be. 376 the bank shall, save as hereinafter provided, by notification in the gazette of india, a direct the inclusion in the second schedule of any bank not already so included which carries on the business of banking 38in india and which i has a paidup capital and reserve of an aggregate value of not less than five lakhs or rupees, and ii satisfies and bank that its affairs are not being conducted in a manner detrimental to the interests of its depositors, and iii 39is a state cooperative bank or a company as defined 40section 3of the companies act, 1 of , or an institution notified by the central government in this behalf or a corporation or a company incorporated by or under any law in force in any place 41outside india b direct the exclusion from that schedule of any scheduled bank, i the aggregate value of whose paidup capital and reserves becomes at any time less than five lakhs of rupees, or ii which is, in the opinion of the bank after making an inspection under section 35 of the 42banking regulation act, 10 of , conducting its affairs to the detriment of the interests of its depositors, or iii which goes into liquidation or otherwise ceases to carry on banking business: provided that the bank may, on application of the scheduled bank concerned and subject to such conditions, if any, as it may impose, defer the making of a direction under subclause i or subclause ii of clause b for such period as the bank consider reasonable to give the scheduled bank an opportunity of increasing the aggregate value of its paidup capital and reserves to not less than five lakhs of rupees or, as the case may be, of removing the defects in the conduct of its affairs c alter the description in that schedule whenever any scheduled bank changes its name. explanation.in this subsection the expression value means the real or exchangeable value and not the nominal value which may be shown in the books of the bank concerned and if any dispute arises in computing the aggregate value of the paidup capital and reserves of a bank, a determination thereof by the bank shall be final for the purposes of this subsection. 436a in considering whether a state cooperative bank or a regional rural bank should be included in or excluded from the second schedule, it shall be competent for the bank to act on a certificate from the national bank on the question whether or not a state cooperative bank or a regional rural bank, as the case may be, satisfies the requirements as to paidup capital and reserves or whether its affairs are not being conducted in a manner detrimental to the interests of its depositors. 447 the bank may, for such period and subject to such conditions as may be specified, grant to any scheduled bank such exemptions from the provisions of this section as it thinks fit with reference to all or any of its offices or with reference to the whole or any part of its assets and liabilities. 1. subs. by act 38 of , s. 5, for subsection 1 w.e.f. . 2. subs. by act 26 of , s. 3, for three per cent. of the total of the demand and time liabilities in india of such bank as shown in the return referred to in subsection 2 w.e.f. . 3. the proviso omitted by s. 3, ibid. w.e.f. . 4. subs. by act 1 of , s. 6, for of a week w.e.f. . 5. subs. by s. 6, ibid. for clause b w.e.f. . 6. subs. by act 23 of , s. 6, for clause c w.e.f. . 7. the words or from the development bank omitted by act 53 of , s. 12 and the schedule w.e.f. . 8. ins. by act 28 of , s. 40 and the second schedule w.e.f. . 9. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 10. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 11. subs. by act 61 of , s. 61 and the second schedule, for agricultural refinance and development corporation w.e.f. . 12. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 13. ins. by act 17 of , s. 47 and the second schedule w.e.f. . 14. the words or from the state bank or from any other bank notified by the central government in this behalf, and omitted by act 51 of , s. 11 w.e.f. . 15. ins. by act 1 of , s. 6 w.e.f. . 16. the words required to be omitted by act 51 of , s. 11 w.e.f. . 17. ins. by s. 11, ibid. w.e.f. . 18. subs. by act 35 of , s. 3, for certain words w.e.f. . 19. added by act 1 of , s. 6 w.e.f. . 20. subsections 1aa and 1b omitted by act 26 of , s. 3 w.e.f. . 21. subs. by act 32 of , s. 16, for subsection 2 w.e.f. . 22. subs. by act 51 of , s. 11, for other than the state bank and any other bank notified by the central government in this behalf w.e.f. . 23. clause aa omitted by act 51 of , s. 11 w.e.f. . earlier inserted by act 54 of , s. 6 w.e.f. . 24. ins. by act 54 of , s. 6 w.e.f. . 25. subs. by act 1 of , s. 6, for at the close of business on each friday, and every such return shall be sent not later than five days after the date to which it relates w.e.f. . 26. subs. by act 51 of , s. 11, for provided that w.e.f. . 27. ins. by act 1 of , s. 6 w.e.f. . 28. subs. by s. 6, ibid., for the third proviso w.e.f. . 29. subs. by act 38 of , s. 5, for subsection 3 w.e.f. . 30. subs. by act 1 of , s. 6, for week w.e.f. . 31. ins. by act 38 of , s. 2 w.e.f. . 32. subs. by act 38 of , s. 5, for certain words w.e.f. . 33. subs. by act 1 of , s. 6, for week w.e.f. . 34. the words managing agent omitted by act 32 of , s. 16 w.e.f. . 35. subs. by s. 16, ibid., for shall be liable to pay to the central government or to the bank, as the case may be, or to each, w.e.f. . 36. subs. by act 35 of , s. 4, for subsection 5 w.e.f. . 37. subs. by act 10 of , s. 55 and the first schedule, for subsection 6 w.e.f. . 38. subs. by act 32 of , s. 16, for in any state of india w.e.f. . 39. subs. by act 23 of , s. 6, for is a company w.e.f. . 40. subs. by act 19 of , s. 4, for clause 2 of section 2 of the indian companies act, 7 of w.e.f. . 41. subs. by act 32 of , s. 16, for outside the states of india w.e.f. . 42. subs. by act 51 of , s. 3, for banking companies act, w.e.f. . 43. ins. by act 61 of , s. 61 and the second schedule w.e.f. . 44. ins. by act 32 of , s. 16 w.e.f. .

section 43. of the reserve bank of india act : 143. publication of consolidated statement by the bank.the bank shall cause to be published each 2fortnight a consolidated statement showing the aggregate liabilities and assets of all the scheduled banks together, based on the returns and information received under this act or any other law for the time being in force. 1. subs. by act 51 of , s. 12, for section 43 w.e.f. . 2. subs. by act 1 of , s. 6, for week w.e.f. .

section 45b. of the reserve bank of india act : 145b. power of bank to collect credit informationthe bank may a collect, in such manner as it may think fit, credit information from banking companies and b furnish such information to any banking company in accordance with the provisions of section 45d. 1. ins. by act 35 of , s. 6 w.e.f. .

section 43a. of the reserve bank of india act : 143a. protection of action taken in good faith.1 no suit or other legal proceeding shall lie against the bank or any of its officers for anything which is in good faith done or intended to be done in pursuance of section 42 or section 43 2or in pursuance of the provisions of chapter iiia. 2 no suit or other legal proceeding shall lie against the bank or any of its officers for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of section 42 or section 43 2or in pursuance of the provisions of chapter iiia. 1. ins. by act 54 of , s. 7 w.e.f. . 2. ins. by act 35 of , s. 5 w.e.f. .

section 45. of the reserve bank of india act : 145. appointment of agents.1 unless otherwise directed by the central government with reference to any place, the bank may, having regard to public interest, convenience of banking, banking development and such other factors which in its opinion are relevant in this regard, appoint the national bank, or the state bank, or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , or any subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of , as its agent at all places, or at any place in india for such purposes as the bank may specify. 2 when any bank is appointed by the bank as its agent under subsection 1 to receive on behalf of the bank any payment required to be made into the bank, or any bill, hundies or other securities required to be delivered into the bank, under any law or rule, regulations or other instructions having the force of law, the same may be paid or delivered into the bank so appointed as the agent of the bank. 1. subs. by act 61 of , s. 61 and the second schedule, for section 45 w.e.f.

section 44.. of the reserve bank of india act : power to require returns from cooperative banks.omitted by the banking laws application to cooperative societies act, 23 of , s. 7 w.e.f. .

section 45i. of the reserve bank of india act : in this chapter, unless the context otherwise requires, 1a business of a nonbanking financial institution means carrying on the business of a financial institution referred to in clause c and includes business of a nonbanking financial company referred to in clause f 2aa company means a company as defined in section 3 of the companies act, 1 of , and includes a foreign company within the meaning of section 591 of that act b corporation means a corporation incorporated by an act of any legislature 3bb deposit includes and shall be deemed always to have include any receipt of money by way of deposit or loan or in any other form, but does not include, i amounts raised by way of share capital ii amounts contributed as capital by partners of a firm iii amounts received from a scheduled bank or a cooperative bank or any other banking company as defined in clause c of section 5 of a banking regulation act, 10 of iv any amount received from, 4 b a state financial corporation, c any financial institution specified in or under section 6a of the industrial development bank of india act, 18 of , or d any other institution that may be specified by the bank in this behalf v amounts received in the ordinary course of business, by way of a security deposit, b dealership deposit, c earnest money, or d advance against orders for goods, properties or services vi any amount received from an individual or a firm or an association of individuals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in any state and vii any amount received by way of subscriptions in respect of a chit. explanation i. chit has the meaning assigned to it in clause b of section 2 of the chit funds act, 40 of . explanation ii. any credit given by a seller to a buyer on the sale of any property whether movable or immovable shall not be deemed to be deposit for the purposes of this clause 5explanation iii.the amounts accepted by a cooperative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such cooperative society. 6c financial institution means any nonbanking institution which carries on as its business or part of its business any of the following activities, namely: i the financing, whether by way of making loans or advances or otherwise, of any activity other than its own ii the acquisition of shares, stock, bonds, debentures or securities issued by a government or local authority or other marketable securities of a like nature iii letting or delivering of any goods to a hirer under a hirepurchase agreement as defined in clause c of section 2 of the hirepurchase act, 26 of iv the carrying on of any class of insurance business v managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in force in any state, or any business, which is similar thereto vi collecting, for any purpose or under any scheme or arrangement by whatever name called, monies in lump sum or otherwise, by way of subscriptions or by sale of units, or other instruments or in any other manner and awarding prizes or gifts, whether in cash or king, or disbursing monies in any other way, to persons from whom monies are collected or to any other person, 7but does not include any institution, which carries on as its principal business, a agricultural operations or aa industrial activity or b the purchase, or sale of any goods other than securities or the providing of any services or c the purchase, construction or sale of immovable property, so, however, that no portion of the income of the institution is derived from the financing of purchases, constructions or sales of immovable property by other persons 8explanation.for the purposes of this clause, industrial activity means any activity specified in subclauses i to xviii of clause c of section 2 of the industrial development bank of india act, 18 of d firm means a firm as defined in the indian partnership act, 9 of 9 e nonbanking institution means a company, corporation 10or cooperative society 8f nonbanking financial company means i a financial institution which is a company ii a nonbanking institution which is a company and which has as its principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner iii such other nonbanking institution or class of such institutions, as the bank may, with the previous approval of the central government and by notification in the official gazette, specify. 1. ins. by act 23 of , s. 2 w.e.f. . 2. clause a renumbered as clause aa thereof by s. 2, ibid. w.e.f. . 3. subs. by act 1 of , s. 9, for clause bb w.e.f. . 4. item a omitted by act 53 of , s. 12 and the schedule w.e.f. . 5. ins. by act 21 of , s. 42 the second schedule w.e.f. . 6. subs. by act 51 of , s. 17, for clause c w.e.f. . 7. subs. by act 23 of , s. 2, for certain words w.e.f. . 8. ins. by act 23 of , s. 2 w.e.f. . 9. the words ,of which the capital subscribed by its partners exceeds one lakh of rupees omitted by act 1 of , s. 9 w.e.f. . 10. subs. by s. 9, ibid., for ,cooperative society or firm w.e.f. .

section 45c. of the reserve bank of india act : 145c. power to call for returns containing credit information.1 for the purpose of enabling the bank to discharge its functions under this chapter, it may at any time direct any banking company to submit to it such statements relating to such credit information and in such form and within such time as may be specified by the bank from time to time. 2 a banking company shall, notwithstanding anything to the contrary contained in any law for the time being in force on in any instrument regulating the constitution thereof or in any agreement executed by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any direction issued under subsection 1. 1. ins. by act 35 of , s. 6 w.e.f. .

section 45e. of the reserve bank of india act : 145e. disclosure of information prohibited.1 any credit information contained in any statement submitted by a banking company under section 45c or furnished by the bank to any banking company under section 45d, shall be treated as confidential and shall not, except for the purposes of this chapter, be published or otherwise disclosed. 2 nothing in this section shall apply to a the disclosure by any banking company, with the previous permission of the bank, of any information furnished to the bank under section 45c b the publication by the bank, if it considers necessary in the public interest so to do, of any information collected by it under section 45c, in such consolidated form as it may think fit without disclosing the name of any banking company or its borrowers 259c the disclosure or publication by the banking company or by the bank of any credit information to any other banking company or in accordance with the practice and usage customary among bankers or as permitted or required under any other law 260d the disclosures of any credit information under the credit information companies regulation act, 30 of : provided that any credit information received by a banking company under this clause shall not be published except in accordance with the practice and usage customary among bankers or as permitted or required under any other law. 3 notwithstanding anything contained in any law for the time being in force, no court, tribunal or other authority shall compel the bank or any banking company to produce or to give inspection of any statement submitted by that banking company under section 45c or to disclose any credit information furnished by the bank to that banking company under section 45 d. 1. ins. by act 35 of , s. 6 w.e.f. . 2. ins. by s. 14, ibid. w.e.f. . 3. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 45d. of the reserve bank of india act : 145d. procedure for furnishing credit information to banking companies.1 a banking company may, in connection with any financial arrangement entered into or proposed to be entered into by it, with any person, make an application to the bank in such form as the bank may specify requesting it to furnish the applicant with such credit information as may be specified in the application. 2 on receipt of an application under subsection 1, the bank shall, as soon as may be, furnish the applicant with such credit information relating to the matters specified in the application, as may be in its possession: provided that the information so furnished shall not disclose the names of the banking companies which have submitted such information to the bank. 3 the bank may in respect of each application levy such fees, not exceeding twentyfive rupees, as it may deem fit for furnishing credit information. 1. ins. by act 35 of , s. 6 w.e.f. .

section 45f. of the reserve bank of india act : 145f. certain claims for compensation barred.no person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions of this chapter. 1. ins. by act 35 of , s. 6 w.e.f. .

section 45g.. of the reserve bank of india act : 145g. penalties.omitted by the reserve bank of india amendment act, 51 of l974, s. 15 w.e.f. . 1. ins. by act 35 of , s. 6 w.e.f. .

section 45h. of the reserve bank of india act : 145h. chapter iiib not to apply in certain cases.the provisions of this chapter shall not apply to the state bank or a banking company as defined in section 5 of the 2banking regulation act, 10 of or 3a corresponding new bank as defined in clause da of section 5 of that act or a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of or 4a regional rural bank or a cooperative bank or a primary agricultural credit society or a primary credit society: provided that for the purposes of this chapter, the 5tamil nadu industrial investment corporation limited shall not be deemed to be a banking company. 1. ins. by act 55 of , s. 5 w.e.f. . 2. subs. by act 51 of , s. 3, for banking companies act, w.e.f. . 3. subs. by act 1 of , s. 8, for a banking institution notified under section 51 of that act w.e.f. . 4. subs. by act 21 of , s. 33, for a cooperative bank w.e.f. . 5. subs. by act 51 of , s. 16, for madras industrial investment corporation limited w.e.f. .

section 45ia. of the reserve bank of india act : 145ia. requirement of registration and net owned fund. 1 notwithstanding anything contained in this chapter or in any other law for the time being in force, no nonbanking financial company shall commence or carry on the business of a nonbanking financial institution without a obtaining a certificate of registration issued under this chapter and 2b having the net owned fund of twentyfive lakh rupees or such other amount, not exceeding hundred crore rupees, as the bank may, by notification in the official gazette, specify: provided that the bank may notify different amounts of net owned fund for different categories of nonbanking financial companies. 2 every nonbanking financial company shall make an application for registration to the bank in such form as the bank may specify: provided that a nonbanking financial company in existence on the commencement of the reserve bank of india amendment act, 23 of shall make an application for registration to the bank before the expiry of six months from such commencement and notwithstanding anything contained in subsection 1 may continue to carry on the business of a nonbanking financial institution until a certificate of registration is issued to it or rejection of application for registration is communicated to it. 3 notwithstanding anything contained in subsection 1, a nonbanking financial company in existence on the commencement of the reserve bank of india amendment act, 23 of and having a net owned fund of less than twentyfive lakh rupees may, for the purpose of enabling such company to fulfil the requirement of the net owned fund, continue to carry on the business of a nonbanking financial institution i for a period of there years from such commencement or ii for such further period as the bank may, after recording the reasons in writing for so doing, extend, subject to the condition that such company shall, within three months of fulfilling the requirement of the net owned fund, inform the bank about such fulfillment: 4 the bank, for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of the nonbanking financial company or otherwise that the following conditions are fulfilled: a that the nonbanking financial company is or shall be in a position to pay its present or future depositors in full as and when their claims accrue b that the affairs of the nonbanking financial company are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors c that the general character of the management or the proposed management of the nonbanking financial company shall not be prejudicial to the public interest or the interests of its depositors d that the nonbanking financial company has adequate capital structure and earning prospects e that the public interest shall be served by the grant of certificate of registration to the nonbanking financial company to commence or to carry on the business of india f that the grant of certificate of registration shall not be prejudicial to the operation and consolidation of the financial sector consistent with monetary stability, and economic growth considering such other relevant factors which the bank may, by notification in the official gazette, specify and g any other condition, fulfilment of which in the opinion of the bank, shall be necessary to ensure that the commencement of or carrying on of the business in india by a nonbanking financial company shall not be prejudicial to the public interest or in the interests of the depositors. 5 the bank may, after being satisfied that the conditions specified in subsection 4 are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose. 6 the bank cancel a certificate of registration granted to a nonbanking financial company under this section if such company i ceases to carry on the business of a nonbanking financial institution in india or ii has failed to comply with any condition subject to which the certificate of registration had been issued to it or iii at any time fails to fulfil any of the conditions referred to in clauses d to g of subsection 4 or iv fails a to comply with any direction issued by the bank under the provisions of this chapter or b to maintain accounts in accordance with the requirements of any law or any direction or order issued by the bank under the provisions of this chapter or c to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the bank or v has been prohibited from accepting deposit by an order made by the bank under the provisions of this chapter and such order has been in force for a period of not less than three months: provided that before cancelling a certificate of registration on the ground that the nonbanking financial company has failed to company with the provisions of clause ii or has failed to fulfil any of the conditions referred to in clause iii the bank, unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the nonbanking financial company, shall give an opportunity to such company on such term as the bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition: provided further that before making any order of cancellation of certificate of registration, such company shall be given a reasonable opportunity of being heard. 7 a company aggrieved by the order of rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the central government and the decision of the central government where an appeal has been preferred to it, or of the bank where no appeal has been preferred, shall be final: provided that before making any order of rejection of appeal, such company shall be given a reasonable opportunity of being heard. explanations. for the purposes of this section, i net owned fund means a the aggregate of the paidup equity capital and free reserves as disclosed in the latest balancesheet of the company after deducting there from i accumulated balance of loss ii deferred revenue expenditure and iii other intangible assets and b further reduced by the amounts representing 1 investments of such company in shares of i its subsidiaries ii companies in the same group iii all other nonbanking financial companies and 2 the book value of debentures, bonds, outstanding loans and advances including hirepurchase and lease finance made to, and deposits with, i subsidiaries of such company and ii companies in the same group, to the extent such book value exceeds ten per cent. of a above. ii subsidiaries and companies in the same group shall have the same meanings assigned to them in the companies act, , 1 of . 1. ins. by act 23 of , s. 3 w.e.f. . 2. subs. by act 23 of , s. 137, for clause b w.e.f.

section 45k. of the reserve bank of india act : 1 the bank may at any time direct that every nonbanking institution shall furnish to the bank, in such form, at such intervals and within such time, such statements information or particulars relating to or connected with deposits received by the nonbanking institution, as may be specified by the bank by general or special order. 2 without prejudice to the generality of the power vested in the bank under subsection 1, the statements, information or particulars to be furnished under subsection 1, may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, they are received. 3 the bank may, if it considers necessary in the public interest so to do, give directions to nonbanking institutions either generally or to any nonbanking institution or group of nonbanking institutions in particular, in respect of any matters relating to or connected with the receipt of deposits, including the rates of interest payable on such deposits, and the periods for which deposits may be received. 4 if any nonbanking institution fails to comply with any direction given by the bank under subsection 3, the bank may prohibit the acceptance of deposits by that nonbanking institution. 1 6 every nonbanking institution receiving deposits shall, if so required by the bank and within such time as the bank may specify, cause to be sent at the cost of the nonbanking institution a copy of its annual balancesheet arid profit and loss account or other annual accounts to every person from whom the nonbanking institution holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the bank. 1. subsection 5 omitted by act 51 of , s. 18 w.e.f. .

section 45ib. of the reserve bank of india act : 145ib. maintenance of percentage of assets.1 every nonbanking financial company shall invest and continue to invest in india in unencumbered approved securities, valued at a price not exceeding the current market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent. or such higher percentage not exceeding twentyfive per cent. as the bank may, from time to time and by notification in the official gazette, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter: provided that the bank may specify different percentages of investment in respect of different classes of nonbanking financial companies. 2 for the purpose of ensuring compliance with the provisions of this section, the bank may require every nonbanking financial company to furnish a return to it in such form, in such manner and for such period as may be specified by the bank. 3 if the amount invested by a nonbanking financial company at the close of business on any day falls below the rate specified under subsection 1, such company shall be liable to pay to the bank, in respect of such shortfall, a penal interest at a rate of three per cent. per annum above the bank rate on such amount by which the amount actually invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent. per annum above the bank rate on such shortfall for each subsequent quarter. 4 a the penal interest payable under subsection 3 shall be payable within a period of fourteen days from the date on which a notice issued by the bank demanding payment of the same is served on the nonbanking financial company and, in the event of a failure of the nonbanking financial company to pay the same within such period, penalty may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting nonbanking financial company is situated and such direction shall be made only upon an application made in this behalf to the court by the bank and b when the court makes a direction under clause a, it shall issue a certificate specifying the sum payable by the nonbanking financial company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a suit. 5 notwithstanding anything contained in this section, if the bank is satisfied that the defaulting nonbanking financial company had sufficient cause for its failure to comply with the provisions of subsection 1, it may not demand the payment of the penal interest. explanation.for the purpose of this section, i approved securities means securities of any state government or of the central government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government ii unencumbered approved securities includes the approved securities lodged by the nonbanking financial company with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner iii quarter means the period of three months ending on the last day of march, june, september or december. 1. ins. by act 55 of , s. 5 w.e.f. .

section 45ic. of the reserve bank of india act : 145ic. reserve fund.1 every nonbanking financial company shall create a reserve fund the transfer therein a sum not less than twenty per cent. of its net profit every year as disclosed in the profit and loss account and before any dividend is declared. 2 no appropriation of any sum from the reserve fund shall be made by the nonbanking financial company except for the purpose as may be specified by the bank from time to time and every such appropriation shall be reported to the bank within twentyone days from the date of such withdrawal: provided that the bank may, in any particular case and for sufficient cause being shown, extend the period of twentyone days by such further period as it thinks fit or condone any delay in making such report. 3 notwithstanding anything contained in subsection 1, the central government may, on the recommendation of the bank and having regard to the adequacy of the paidup capital and reserves of a nonbanking financial company in relation to its deposit liabilities, declare by order in writing that the provisions of subsection 1 shall not be applicable to the nonbanking financial company for such period as may be specified in the order: provided that no such order shall be made unless the amount in the reserve fund under subsection 1 together with the amount in the share premium account is not less than the paidup capital of the nonbanking financial company. 1. ins. by act 55 of , s. 5 w.e.f. .

section 45id. of the reserve bank of india act : 145id. power of bank to remove directors from office.1 where the bank is satisfied that in the public interest or to prevent the affairs of a nonbanking financial company being conducted in a manner detrimental to the interest of the depositors or creditors, or financial stability or for securing the proper management of such company, it is necessary so to do, the bank may, by order and for reasons to be recorded in writing, remove from office, a director by whatever name called of such company, other than government owned nonbanking financial company with effect from such date as may be specified in the said order. 2 no order under subsection 1 shall be made unless the director concerned has been given a reasonable opportunity of making a representation to the bank against the proposed order: provided that if, in the opinion of the bank, any delay will be detrimental to the interest of the said company or its depositors, the bank may, at the time of giving the aforesaid opportunity or at any time thereafter, by order direct that, pending the consideration of the representation, if any, the director, shall not, with effect from the date of such order a act as such director of that company b in any way, whether directly or indirectly, be concerned with or take part in the management of that company. 3 where any order is made in respect of a director of a company under subsection 1, he shall cease to be a director of that nonbanking financial company and shall not, in any way, whether directly or indirectly, be concerned with, or take part in the management of any nonbanking financial company for such period not exceeding five years at a time as may be specified in the order. 4 where an order under subsection 1 has been made, the bank may, by order in writing, appoint a suitable person in place of the director, who has been so removed from his office, with effect from such date as may be specified in such order. 5 any person appointed under subsection 4 shall, a hold office during the pleasure of the bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time b not incur any obligation or liability by reason only of his being a director for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto. 6 notwithstanding anything contained in any other law for the time being in force or in any contract, memorandum or articles of association, on the removal of a director from office under this section, such director shall not be entitled to claim any compensation for the loss or termination from office. 1. ins. by 23 of , s. 138 w.e.f. .

section 45ie. of the reserve bank of india act : 145ie. supersession of board of directors of nonbanking financial company other than government company.1 where the bank is satisfied that in the public interest or to prevent the affairs of a nonbanking financial company being conducted in a manner detrimental to the interest of the depositors or creditors, or of the nonbanking financial company other than government company, or for securing the proper management of such company or for financial stability, it is necessary so to do, the bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such company for a period not exceeding five years as may be specified in the order, which may be extended from time to time, so, however, that the total period shall not exceed five years. 2 the bank may, on supersession of the board of directors of the nonbanking financial company under subsection 1, appoint a suitable person as the administrator for such period as it may determine. 3 the bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 4 upon making the order of supersession of the board of directors of a nonbanking financial company, a the chairman, managing director and other directors shall from the date of super session of the board of directors vacate their offices b all the powers, functions and duties, which may, by or under the provisions of this act or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such nonbanking financial company or by a resolution passed in general meeting of such nonbanking financial company, shall, until the board of directors of such company is reconstituted, be exercised and discharged by the administrator referred to in subsection 2. 5 a the bank may constitute a committee consisting of three or more members who have experience in law, finance, banking, administration or accountancy to assist the administrator in discharge of his duties. b the committee shall meet at such times and places and observe such rules of procedure as may be specified by the bank. 6 the salary and allowances payable to the administrator and the members of the committee constituted by the bank shall be such as may be specified by the bank and be paid by the concerned nonbanking financial company. 7 on or before the expiration of the period of super session of the board of directors as specified in the order issued under subsection 1, the administrator of the nonbanking financial company shall facilitate reconstitution of the board of directors of the nonbanking financial company. 8 notwithstanding anything contained in any other law for the time being in force or in any contract, no person shall be entitled to claim any compensation for the loss or termination of his office. 9 the administrator referred to in subsection 2 shall vacate office immediately after the board of directors of the nonbanking financial company has been reconstituted. 1. ins. by 23 of , s. 138 w.e.f. .

section 45ja. of the reserve bank of india act : 145ja. power of bank to determine policy and issue directions.1 if the bank is satisfied that, in the public interest or to regulate the financial system of the country to its advantage or to prevent the affairs of any nonbanking financial company being conducted in manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of the nonbanking financial company, it is necessary or expedient so to do, it may determine the policy and give directions to all or any of the nonbanking financial companies relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balancesheet items and also relating to deployment of funds by a nonbanking financial company or a class of nonbanking financial companies or nonbanking financial companies generally, as the case may be, and such nonbanking financial companies shall be bound to follow the policy so determined and the direction so issued. 2 without prejudice to the generality of the powers vested under subsection 1, the bank may give directions to nonbanking financial companies generally or to a class of non banking financial companies or to any nonbanking financial company in particular as to a the purpose for which advances or other fund based or nonfund based accommodation may not be made and b the maximum amount of advances of other financial accommodation or investment in shares and other securities which, having regard to the paidup capital, reserves and deposits of the nonbanking financial company and other relevant considerations, may be made by that nonbanking financial company to any person or a company or to a group of companies. 1. ins. by act 23 of , s. 4 w.e.f. .

section 45j. of the reserve bank of india act : the bank may, if it consider necessary in the public interest so to do, by general or special order, a regulate or prohibit the issue by any nonbanking institution of any prospectus or advertisement soliciting deposits of money from the public, and b specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issued.

section 45l. of the reserve bank of india act : 1 if the bank is satisfied for the purpose of enabling it to regulate the credit system of the country to its advantage it is necessary so to do, it may a require financial institutions either generally or any group of financial institutions or financial institution in particular, to furnish to the bank in such form, at such intervals and within such time, such statements, information or particulars relating to the business of such financial institutions or institution, as may be specified by the bank by general or special order b give to such institutions either generally or to any such institution in particular, directions relating to the conduct of business by them or by it as financial institutions or institution. 2 without prejudice to the generality of the power vested in the bank under clause a of subsection 1, the statements, information or particulars to be furnished by a financial institution may relate to all or any of the following matters, namely, the paidup capital, reserves or other liabilities, the investments whether in government securities or otherwise, the persons to whom, and the purposes and periods for which, finance is provided and the terms and conditions, including the rates of interest, on which it is provided. 3 in issuing directions to any financial institution under clause b of subsection 1, the bank shall have due regard to the conditions in which, and the objects for which, the institution has been established, its statutory responsibilities, if any, and the effect the business of such financial institution is likely to have on trends in the money and capital markets.

section 45mc. of the reserve bank of india act : 1 the bank, on being satisfied that a nonbanking financial company a is unable to pay its debt or b has by virtue of the provisions of section 45ia become disqualified to carry on the business of a nonbanking financial institution or c has been prohibited by the bank from receiving deposit by an order and such order has been in force for a period of not less than three months or d the continuance of the nonbanking financial company is detrimental to the public interest or to the interest of depositors of the company, may file an application for winding up of such nonbanking financial company under the companies act, 1 of . 2 a nonbanking financial company shall be deemed to be unable to pay its debt if it has refused or has failed to meet within five working days any lawful demand made at any to its offices or branches and the bank certifies in writing that such company is unable to pay its debt. 3 a copy of every application made by the bank under subsection 1 shall be sent to the registrar of companies. 4 all the provisions of the companies act, 1 of relating to winding up of a company shall apply to a winding up proceeding initiated on the application made by the bank under this provision.

section 45m., required by bank. of the reserve bank of india act : it shall be the duty or every nonbanking institution to furnish the statements, information or particulars called for, and to comply with any direction given to it, under the provisions of this chapter.

section 45ma. of the reserve bank of india act : 145ma. powers and duties of auditors.1 it shall be the duty of an auditor of a nonbanking institution to inquire whether or not the nonbanking institution has furnished to the bank such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this chapter, and the auditor shall, except where he is satisfied on such inquiry that the nonbanking institution has furnished such statements, information or particulars, make a report to the bank giving the aggregate amount of such deposits held by the nonbanking institution. 21a the bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of accounts, issue directions to any nonbanking financial company or any class of nonbanking financial companies or nonbanking financial companies generally or to the auditors of such nonbanking financial company or companies relating to balancesheet, profit and loss account, disclosure of liabilities in the books of accounts or any matter relating thereto. 2 where, in the case of 3a nonbanking financial company, the auditor has made, or intends to make, a report to the bank under subsection 1, he shall include in his report under subsection 2 of section 227 of the companies act, 1 of , the contents of the report which he has made or intends to make, to the bank. 23 where the bank is of the opinion that it is necessary so to do in the public interest or in the interest of the nonbanking financial company or in the interest of depositors of such company it may at any time by order direct that a special audit of the accounts of the nonbanking financial company in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it. 4 the remuneration of the auditors as may be fixed by the bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the nonbanking financial company so audited. 1. ins. by act 51 of , s. 19 w.e.f. . 2. ins. by act 23 of , s. 5 w.e.f. . 3. subs. by s. 5, ibid., for a nonbanking institution, being a company w.e.f. .

section 45n. of the reserve bank of india act : 11 the bank may, at any time, cause an inspection to be made by one or more of its officers or employees or other persons hereafter in this section referred to as the inspecting authority i of any nonbanking institution, including a financial institution, for the purposes of verifying the correctness or completeness of any statement, information or particulars furnished to the bank or for the purpose of obtaining any information or particulars which the nonbanking institution has failed to furnish on being called upon to do so or ii of any nonbanking institution being a financial institution, if the bank considers it necessary or expedient to inspect that institution. 2 it shall be the duly of every director or member of any committee or other body for the time being vested with the management of the affairs of the nonbanking institution or other officer or employee thereof to produce to the inspecting authority all such books, accounts and other documents in his custody or power and to furnish that authority with any statements and information relating to the business of the institution as that authority may require of him, within such time as may be specified by that authority. 3 the inspecting authority may examine on oath any director or member of any committee or body for the time being vested with the management of the affairs of the nonbanking institution or other officer or employee thereof, in relation to its business and may administer an oath accordingly. 1. subs. by act 51 of , s. 20, for subsection 1 w.e.f. .

section 45maa. of the reserve bank of india act : 145maa. power to take action against auditors. where any auditor fails to comply with any direction given or order made by the bank under section 45ma, the bank, may, if satisfied, remove or debar the auditor from exercising the duties as auditor of any of the bank regulated entities for a maximum period of three years, at a time. 1. ins. by act 23 of , s. 139 w.e.f. .

section 45mb. of the reserve bank of india act : 145mb. power of bank to prohibit acceptance of deposit and alienation of assets.1 if any nonbanking financial company violates the provisions of any section or fails to comply with any direction or order given by the bank under any of the provisions of this chapter, the bank may prohibit the nonbanking financial company from accepting any deposit. 2 notwithstanding anything to the contrary contained in any agreement or instruments or any law for the time being in force, the bank, on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct, the nonbanking financial company against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the bank for such period not exceeding six months from the date of the order. 1. ins. by s. 6, ibid. w.e.f. .

section 45mba. of the reserve bank of india act : 145mba. resolution of nonbanking financial company.1 without prejudice to any other provision of this act or any other law for the time being in force, the bank may, if it is satisfied, upon an inspection of the books of a nonbanking financial company that it is in the public interest or in the interest of financial stability so to do for enabling the continuance of the activities critical to the functioning of the financial system, frame schemes which may provide for any one or more of the following, namely: a amalgamation with any other nonbanking institution b reconstruction of the nonbanking financial company c splitting the nonbanking financial company into different units or institutions and vesting viable and nonviable businesses in separate units or institutions to preserve the continuity of the activities of that nonbanking financial company that are critical to the functioning of the financial system and for such purpose establish institutions called bridge institutions. explanation. for the purposes of this subsection, bridge institutions mean temporary institutional arrangement made under the scheme referred to in this subsection, to preserve the continuity of the activities of a nonbanking financial company that are critical to the functioning of the financial system. 2 without prejudice to the generality of the foregoing provisions, the scheme referred to in subsection 1 may provide for a reduction of the pay and allowances of the chief executive officer, managing director, chairman or any officer in the senior management of the nonbanking financial company b cancellation of all or some of the shares of the nonbanking financial company held by the chief executive officer, managing director, chairman or any officer in the senior management of the nonbanking financial company or their relatives c sale of any of the assets of the nonbanking financial company. 3 the chief executive officer, managing director, chairman or any officer in the senior management of the nonbanking financial company whose pay and allowances are reduced or the shareholders whose shares are cancelled under the scheme shall not be entitled to any compensation. 1. ins. by act 23 of , s. 140 w.e.f. .

section 45na. of the reserve bank of india act : 145na. deposits not to be solicited by unauthorised person.no person shall solicit on behalf of any nonbanking institution either by publishing or causing to be published any prospectus or advertisement or in any other manner deposits of money from the public unless a he has been authorised in writing by the said nonbanking institution to do so and specifies the name of the institution which has so authorised him, and b the prospectus or advertisement complies with any order made by the bank under section 45j and with any other provision of law for the time being in force, applicable to the publication of such prospectus or advertisement. 1. ins. by s. 21, ibid. w.e.f. .

section 45qa. of the reserve bank of india act : 145qa. power of company law board to offer repayment of deposit.1 every deposit accepted by a nonbanking financial company, unless renewed, shall be repaid in accordance with the terms and condition of such deposit. 2 where a nonbanking financial company has failed to repay and deposit or part thereof in accordance with the terms and conditions of such deposit, the company law board constituted under section 10e of the companies act, 1 of , may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interests of the company, the depositors or in the public interest, direct, by order, the nonbanking financial company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order: provided that the company law board may, before making any order under this subsection, give a reasonable opportunity of being heard to the nonbanking financial company and the other persons interested in the matter. 1. ins. by s. 8, ibid. w.e.f. .

section 45naa. of the reserve bank of india act : 145naa. power in respect of group companies. 1 the bank may, at any time, direct a nonbanking financial company to annex to its financial statements or furnish separately, within such time and at such intervals as may be specified by the bank, such statements and information relating to the business or affairs of any group company of the nonbanking financial company as the bank may consider necessary or expedient to obtain for the purposes of this act. 2 notwithstanding anything to the contrary contained in the companies act, 18 of , the bank may, at any time, cause an inspection or audit to be made of any group company of a nonbanking financial company and its books of account. explanation. for the purposes of this section, a group company shall mean an arrangement involving two or more entities related to each other through any of the following relationships, namely: i subsidiaryparent as may be notified by the bank in accordance with accounting standards ii joint venture as may be notified by the bank in accordance with accounting standards iii associate as may be notified by the bank in accordance with accounting standards iv promoterpromotee under the securities and exchange board of india act, 15 of or the rules or regulations made there under for listed companies v related party vi common brand name that is usage of a registered brand name of an entity by another entity for business purposes and vii investment in equity shares of twenty per cent. and above in the entity b accounting standards means the accounting standards notified by the central government under section 133, read with section 469 of the companies act, 18 of and subsection 1 of section 210a of the companies act, 1 of . 1.ins. by act 23 of , s. 141 w.e.f. .

section 45nb. of the reserve bank of india act : 145nb. disclosure of information.1 any information relating to a nonbanking financial company, i contained in any statement or return submitted by such company under the provisions of this chapter or ii obtained through audit or inspection or otherwise by the bank, shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed. 2 nothing in this section shall apply to a the disclosure by any nonbanking financial company, with the previous permission of the bank, of any information furnished to the bank under subsection 1 b the publication by the bank, if it considers necessary in the public interest so to do, of any information collected by it under subsection 1 in such consolidated form as it may think fit without disclosing the name of any nonbanking financial company or its borrowers c the disclosure or publication by the nonbanking financial company or by the bank of any such information to any other nonbanking financial company or in accordance with the practice and usage customary amongst such companies or as permitted or required under any other law: provided that any such information received by a nonbanking financial company under this clause shall not be published except in accordance with the practice and usage customary amongst companies or as permitted or required under any other law. 3 notwithstanding anything contained in this act or in any other law for the time being in force, the bank, if it is satisfied that, in the public interest or in the interest of the depositors or the nonbanking financial company or to prevent the affairs of any nonbanking financial company being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any nonbanking financial company to any authority constituted under any law. 4 notwithstanding anything contained in any law for the time being in force, no court or tribunal or other authority shall compel the bank to produce or to give inspection of any statement or other material obtained by the bank under any provisions of this chapter. 1. ins. by act 23 of , s. 7 w.e.f. .

section 45nc. of the reserve bank of india act : the bank, on being satisfied that it is necessary so to do, may declare by notification in the official gazette that any or all of the provisions of this chapter shall not apply to a nonbanking institution or a class of nonbanking institutions or a nonbanking financial company or to any class or nonbanking financial companies either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose.

section 45o. . of the reserve bank of india act : penalties.omitted by the reserve bank of india amendment act, , 51 of , s. 22 w.e.f. .

section 45q. of the reserve bank of india act : the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

section 45p.. of the reserve bank of india act : cognizance of offence.omitted by s. 22, ibid. w.e.f. .

section 45qb. of the reserve bank of india act : 145qb. nomination by depositors.1 where a deposit is held by a nonbanking financial institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of , one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the nonbanking financial institution. 2 notwithstanding anything contained in any other law for the time being in force, or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the nonbanking financial institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of . 3 where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of , any person to receive the amount of deposit in the event of his death during the minority of the nominee. 4 payment by a nonbanking institution in accordance with the provisions of this section shall constitute a full discharge to the nonbanking institution of its liability in respect of the deposit: provided that nothing contained in this subsection shall effect the right or claim which any person may have against the person to whom any payment is made under this section. 5 no notice of the claim of any person, other than the person or persons in whose name a deposit is held by a nonbanking institution, shall be receivable by the nonbanking institution, nor shall the nonbanking institution be bound by any such notice even though expressly given to it: provided that where any decree order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a nonbanking institution, the nonbanking institution shall take due note of such decree, order, certificate or other authority. 1. ins. by s. 8, ibid. w.e.f. .

section 45x. of the reserve bank of india act : 145x. duty to comply with directions and furnish information.it shall be the duty of every director or member or other body for the time being vested with the management of the affairs of the agencies referred to in section 45w to comply with the directions given by the bank and to submit the information or statement or particulars called for under that section. 1. ins. by act 26 of , s. 4 w.e.f. .

section 45r. of the reserve bank of india act : 145r. interpretation.the words and expressions used in this chapter and defined in chapter iiib shall have the meanings respectively assigned to them therein. 1. ins. by act 1 of , s. 10 w.e.f. .

section 45s. of the reserve bank of india act : 1 245s. deposits not to be accepted in certain cases.1 no person, being an individual or a firm or an unincorporated association of individuals shall, accept any deposit i if his or its business wholly or partly includes any of the activities specified in clause c of section 451 or ii if his or its principal business is that of receiving of deposits under any scheme or arrangement or in any other manner or lending in any manner: provided that nothing contained in this subsection shall apply to the receipt of money by an individual by way of loan from any of his relatives or to the receipt of money by a firm by way of loan from the relative or relatives of any of the partners. 2 where any person referred to in subsection 1 holds any deposit on the 1st day of april, which is not in accordance with subsection 1, such deposit shall be repaid by that person immediately after such deposit becomes due for repayment or within three years from the date of such commencement, whichever is earlier: provided that if the bank is satisfied on an application made by any person to the bank that such person is unable to repay a part of the deposits for reasons beyond his control or such repayment shall cause extreme hardship to him, it may, by an order in writing, extend such period by a period not exceeding one year subject to such conditions as may be specified in the order. 3 on and from the date of 1st day of april, , no person referred to in subsection 1 shall issue or cause to be issued any advertisement in any form for soliciting deposit. explanation.for the purposes of this section, a person shall be deemed to be a relative of another if, and only if, i they are members of a hindu undivided family or ii they are husband and wife or iii the one is related to the other in the manner indicated in the list of relatives below: list of relatives 1. father, 2. mother including stepmother, 3. son including stepson, 4. sons wife, 5. daughter including stepdaughter, 6. fathers father, 7. fathers mother, 8. mothers mother, 9. mothers father, 10. sons son, 11. sons sons wife, 12. sons daughter 13. sons daughters husband, 14. daughters husband, 15 daughters son, 16 daughters sons wife, 17. daughters daughter, 18, daughters daughters husband. 19. brother including stepbrother, 20. brothers wife, 21. sister including stepsister, 22. sisters husband. 1. ins. by act 1 of , s. 10 w.e.f. . 2. subs. by act 23 of , s. 9, for section 45s w.e.f. .

section 45t. of the reserve bank of india act : 145t. power to issue search warrants.1 any court having jurisdiction to issue a search warrant under the code of criminal procedure, 2 of , may, on an application by an officer of the bank or of the state government authorised in this behalf stating his belief that certain documents relating to acceptance of deposits in contravention of the provisions of section 45s are secreted in any place within the local limits of the jurisdiction of such court, issue a warrant to search for such documents. 2 a warrant issued under subsection 1 shall be executed in the same manner and shall have the same effect as a search warrant issued under the code of criminal procedure, 2 of . 1. ins. by act 1 of , s. 10 w.e.f. .

section 45u. of the reserve bank of india act : 145u. definitions.for the purposes of this chapter, a derivative means an instrument, to be settled at a future date, whose value is derived from change in interest rate, foreign exchange rate, credit rating or credit index, price of securities also called underlying, or a combination of more than one of them and includes interest rate swaps, forward rate agreements, foreign currency swaps, foreign currencyrupee swaps, foreign currency options, foreign currencyrupee options or such other instruments as may be specified by the bank from time to time b money market instruments include call or notice money, term money, repo, reverse repo, certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of original or initial maturity up to one year as the bank may specify from time to time c repo means an instrument for borrowing funds by selling securities with an agreement to repurchase the securities on a mutually agreed future date at an agreed price which includes interest for the funds borrowed d reverse repo means an instrument for lending funds by purchasing securities with an agreement to resell the securities on a mutually agreed future date at an agreed price which includes interest for the funds lent e securities means securities of the central government or a state government or such securities of a local authority as may be specified in this behalf by the central government and, for the purposes of repo or reverse repo, include corporate bonds and debentures. 1. ins. by act 26 of , s. 4 w.e.f. .

section 45v. of the reserve bank of india act : 145v. transactions in derivatives.1 notwithstanding anything contained in the securities contracts regulation act, 42 of or any other law for the time being in force, transactions in such derivatives, as may be specified by the bank from time to time, shall be valid, if at least one of the parties to the transaction is the bank, a scheduled bank, or such other agency falling under the regulatory purview of the bank under the act, the banking regulation act, 10 of , the foreign exchange management act, 42 of , or any other act or instrument having the force of law, as may be specified by the bank from time to time. 2 transactions in such derivatives, as had been specified by the bank from time to time, shall be deemed always to have been valid, as if the provisions of subsection 1 were in force at all material times. 1. ins. by act 26 of , s. 4 w.e.f. .

section 45w. of the reserve bank of india act : 145w. power to regulate transactions in derivatives, money market instruments, etc.1 the bank may, in public interest, or to regulate the financial system of the country to its advantage, determine the policy relating to interest rates or interest rate products and give directions in that behalf to all agencies or any of them, dealing in securities, money market instruments, foreign exchange, derivatives, or other instruments of like nature as the bank may specify from time to time: provided that the directions issued under this subsection shall not relate to the procedure for execution or settlement of the trades in respect of the transactions mentioned therein, on the stock exchanges recognised under section 4 of the securities contracts regulation act, 42 of . 2 the bank may, for the purpose of enabling it to regulate agencies referred to in subsection 1, call for any information, statement or other particulars from them, or cause an inspection of such agencies to be made. 1. ins. by act 26 of , s. 4 w.e.f. .

section 45zd. of the reserve bank of india act : 145zd. terms and conditions of appointment of members of monetary policy committee1 the members of the monetary policy committee appointed under clause d of subsection 2 of section 45zb shall hold office for a period of four years and shall not be eligible for reappointment. 2 the terms and conditions of appointment of members of the monetary policy committee shall be such as may be prescribed by the central government and the remuneration and other allowances payable to such members shall be such as may be specified by the regulations made by the central board. 3 a member may resign from the monetary policy committee, at any time before the expiry of his tenure under subsection 1, by giving to the central government, a written notice of not less than six weeks, and on the acceptance of the resignation by the central government, he shall cease to be a member of the monetary policy committee. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45y. of the reserve bank of india act : 145y. joint mechanism.1 notwithstanding anything contained in this act or the securities and exchange board of india act, 15 of or any other law for the time being in force, if any difference of opinion arises as to whether i any instrument, being derivative referred to in clause a or money market instrument referred to in clause b or repo referred to in clause c or reverse repo referred to in clause d or securities referred to in clause e of section 45u of this act or ii any instrument, being policy of life insurance under the insurance act, 4 of , or the rules or regulations made thereunder, or, scrips or any other securities referred to in subclauses i, ia, ib, ic, id, ie, ii, iia and iii of clause h of section 2 of the securities contracts regulation act, 42 of , is hybrid or composite instrument, having a component of money market investment or securities market instrument or a component of insurance or any other instrument referred to in clause i or clause ii and falls within the jurisdiction of the reserve bank of india or the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of or the insurance regulatory and development authority established under section 3 of the insurance regulatory and development authority act, 41 of or the pension fund regulatory and development authority constituted by the resolution of the government of india number f.no. pr, dated the 14th november, , such difference of opinion shall be referred to a joint committee consisting of the following, namely: a the union finance ministerex officio chairperson b the governor, reserve bank of indiaex officio vicechairperson c the secretary, department of economic affairs in the ministry of finance, government of indiaex officio member d the secretary, department of financial services in the ministry of finance, government of indiaex officio member e the chairperson, insurance regulatory and development authorityex officio member f the chairman, securities and exchange board of indiaex officio member g the chairperson, pension fund regulatory and development authorityex officio member. 2 the secretary, department of financial services in the ministry of finance, government of india shall be the convener of the meetings of the joint committee referred to in subsection 1. 3 in case of any difference of opinion referred to in subsection 1, any member of the joint committee referred to in clauses b, e, f or g of that subsection may make a reference to the joint committee. 4 the joint committee shall follow such procedure as it may consider expedient and give, within a period of three months from the date of reference made under subsection 3, its decisions thereon to the central government. 5 the decision of the joint committee shall be binding on the reserve bank of india, the securities and exchange board of india, the insurance regulatory and development authority and the pension fund regulatory and development authority. 1. ins. by act 26 of , s. 2 w.e.f. .

section 45z. of the reserve bank of india act : 145z. provisions of this chapter to override other provisions of act.the provisions of this chapter shall have effect, notwithstanding anything inconsistent therewith contained in any other provisions of this act. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45za. of the reserve bank of india act : 145za. inflation target.1 the central government shall, in consultation with the bank, determine the inflation target in terms of the consumer price index, once in every five years. 2 the central government shall, upon such determination, notify the inflation target in the official gazette. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zc. of the reserve bank of india act : 145zc. eligibility and selection of members appointed by central government.1 the members of the monetary policy committee referred to in clause d of subsection 2 of section 45zb shall be appointed by the central government from amongst persons of ability, integrity and standing, having knowledge and experience in the field of economics or banking or finance or monetary policy: provided that no person shall be appointed as a member, in case such person i has completed the age of seventy years on the date of appointment as member ii is a member of any board or committee of the bank iii is an employee of the bank iv is a public servant as defined under section 21 of the indian penal code 45 of v is a member of parliament or any state legislature vi has been at any time, adjudged as an insolvent vii has been convicted of an offence which is punishable with an imprisonment for a term of one hundred and eighty days or more viii is physically or mentally incapable of discharging the duties of a member of the monetary policy committee or ix has a material conflict of interest with the bank and is unable to resolve such conflict. 2 the members of the monetary policy committee referred to in clause d of subsection 2 of section 45zb shall be appointed by the central government on the recommendations made by searchcumselection committee consisting of the following members, namely: a cabinet secretarychairperson b governor of the reserve bank of india or his representative not below the rank of deputy governormember c secretary, department of economic affairsmember d three experts in the field of economics or banking or finance or monetary policy to be nominated by the central governmentmembers. 3 while selecting the members of the monetary policy committee, the searchcumselection committee shall follow such procedure as may be prescribed by the central government. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zb. of the reserve bank of india act : 145zb. constitution of monetary policy committee.1 the central government may, by notification in the official gazette, constitute a committee to be called the monetary policy committee of the bank. 2 the monetary policy committee shall consist of the following members, namely: a the governor of the bankchairperson, ex officio b deputy governor of the bank, in charge of monetary policymember, ex officio c one officer of the bank to be nominated by the central boardmember, ex officio and d three persons to be appointed by the central governmentmembers. 3 the monetary policy committee shall determine the policy rate required to achieve the inflation target. 4 the decision of the monetary policy committee shall be binding on the bank. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zl. of the reserve bank of india act : 145zl. publication of proceedings of meeting of monetary policy committee.the bank shall publish, on the fourteenth day after every meeting of the monetary policy committee, the minutes of the proceedings of the meeting which shall include the following, namely: a the resolution adopted at the meeting of the monetary policy committee b the vote of each member of the monetary policy committee, ascribed to such member, on resolutions adopted in the said meeting and c the statement of each member of the monetary policy committee under subsection 11 of section 45zl on the resolutions adopted in the said meeting. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45ze. of the reserve bank of india act : 145ze. removal of members of monetary policy committee.1 the central government may remove from office any member of the monetary policy committee appointed under clause d of subsection 2 of section 45zb, who a is, or at any time has been, adjudged as an insolvent or b has become physically or mentally incapable of acting as a member or c has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or d has failed to adequately disclose any material conflict of interest at the time of his appointment or e does not attend three consecutive meetings of the monetary policy committee without obtaining prior leave or f has acquired such financial or other interest as is likely to affect prejudicially his functions as a member or g has acquired any post referred to in clauses ii, iii, iv and clause v of the proviso to subsection 1 of section 45zc or h has, in the opinion of the central government, so abused his position as to render his continuance in office detrimental to the public interest. 2 no member appointed under clause d of subsection 2 of section 45zb shall be removed under clause d or clause e or clause f or clause g or clause h of subsection 1 unless he has been given a reasonable opportunity of being heard in the matter. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zg. of the reserve bank of india act : 145zg. secretary to monetary policy committee.1 the bank shall appoint a secretary to the monetary policy committee to provide secretariat support to the said committee. 2 the secretary shall perform such functions and in such manner as may be specified by the regulations made by the central board. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zk. of the reserve bank of india act : 145zk. publication of decisions.the bank shall publish, after the conclusion of every meeting of the monetary policy committee, the resolution adopted by the said committee 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zm. of the reserve bank of india act : 145zm. monetary policy report.1 the bank shall, once in every six months, publish a document to be called the monetary policy report, explaining a the sources of inflation and b the forecasts of inflation for the period between six to eighteen months from the date of publication of the document. 2 the form and contents of the monetary policy report shall be such as may be specified by the regulations made by the central board. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zh. of the reserve bank of india act : 145zh. information for monetary policy committee members.1 the bank shall provide all information to the members of the monetary policy committee that may be relevant to achieve the inflation target. 2 in addition to information provided by the bank under subsection 1, any member of the monetary policy committee may, at any time, request the bank for additional information, including any data, models or analysis. 3 the bank shall provide the information, as referred to in subsection 2, to the member of the monetary policy committee, within reasonable time, unless a the information pertains to an entity or person and is not publicly available or b the information allows an entity or person to be identified and the information is not publicly available. 4 any information provided by the bank to a member of the monetary policy committee shall be provided to all the members of the monetary policy committee. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zf., not to invalidate proceedings of monetary policy committee. of the reserve bank of india act : 145zf. vacancies, etc., not to invalidate proceedings of monetary policy committee.no act or proceeding of the monetary policy committee shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of the monetary policy committee or b any defect in the appointment of a person acting as a member of the monetary policy committee or c any irregularity in the procedure of the monetary policy committee not affecting the merits of the case. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zn. of the reserve bank of india act : 145zn. failure to maintain inflation target.where the bank fails to meet the inflation target, it shall set out in a report to the central government a the reasons for failure to achieve the inflation target b remedial actions proposed to be taken by the bank and c an estimate of the timeperiod within which the inflation target shall be achieved pursuant to timely implementation of proposed remedial actions. explanation.for the purposes of this section, the factors that constitute failure shall be such as may be notified by the central government in the official gazette, within three months from the date of the commencement of part i of chapter xii of the finance act, . 1. ins. by act 28 of , s. 222 w.e.f. .

section 46. of the reserve bank of india act : the 1central government shall transfer to the bank rupee securities to the value of five crores of rupees to be allocated by the bank to the reserve fund. 1. subs. by the m.o. , for g.g. in c..

section 46c. of the reserve bank of india act : 146c. national industrial credit long term operations fund.1 the bank shall establish and maintain a fund to be known as the national industrial credit long term operations fund to which shall be credited a an initial sum of ten crores of rupees by the bank b such further sums of money as the bank may contribute every year: provided that the annual contribution during each of the five years commencing with the year ending on the 30th day of june, shall not be less than five crores of rupees: provided further that the central government may, if the circumstances so require, authorise the bank to reduce the said sum of five crores of rupees in any year. 2 the amount in the said fund shall be applied by the bank only to the following objects, namely: 2 3c the making to the exim bank 4or the reconstruction bank 5or the small industries bank, as the case may be of loans and advances for the purposes of any business of the exim bank 4 or the reconstruction bank 5or the small industries bank, as the case may be d the purchasing of bonds and debentures issued by the exim bank 4or the reconstruction bank 5or the small industries bank 6or the national bank for financing infrastructure and development or the other development financial institution, as the case may be. 1. ins. by act 18 of , s. 38 and the second schedule w.e.f. . 2. clauses a and b omitted by act 53 of , s. 12 and the schedule w.e.f. . 3. ins. by act 28 of , s. 40 and the second schedule w.e.f. . 4. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 5. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 6. ins. by act 17 of , s. 47 and the second schedule w.e.f. .

section 45zi. of the reserve bank of india act : 145zi. meetings of monetary policy committee.1 the bank shall organise at least four meetings of the monetary policy committee in a year. 2 the meeting schedule of the monetary policy committee for a year shall be published by the bank at least one week before the first meeting in that year. 3 the meeting schedule may be changed only a by way of a decision taken at a prior meeting of the monetary policy committee or b if, in the opinion of the governor, an additional meeting is required or a meeting is required to be rescheduled due to administrative exigencies. 4 any change in meeting schedule shall be published by the bank as soon as practicable. 5 the quorum for a meeting of the monetary policy committee shall be four members, at least one of whom shall be the governor and in his absence, the deputy governor who is the member of the monetary policy committee. 6 the meetings of the monetary policy committee shall be presided over by the governor, and in his absence by the deputy governor who is a member of the monetary policy committee. 7 each member of the monetary policy committee shall have one vote. 8 all questions which come up before any meeting of the monetary policy committee shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the governor shall have a second or casting vote. 9 the central government may, if it considers necessary, convey its views in writing to the monetary policy committee from time to time. 10 the vote of each member of the monetary policy committee for a proposed resolution shall be recorded against such member. 11 each member of the monetary policy committee shall write a statement specifying the reasons for voting in favour of, or against the proposed resolution. 12 the procedure, conduct, code of confidentiality and any other incidental matter for the functioning of the monetary policy committee shall be such as may be specified by the regulations made by the central board. 13 the proceeding of the monetary policy committee shall be confidential. 1. ins. by act 28 of , s. 222 w.e.f. .

section 45zj. of the reserve bank of india act : 145zj. steps to be taken to implement decision of monetary policy committee.1 the bank shall publish a document explaining the steps to be taken by it to implement the decisions of the monetary policy committee, including any changes thereto. 2 the particulars to be included in such document and the frequency of publications of such document shall be such as may be specified by the regulations made by the central board. 1. ins. by act 28 of , s. 222 w.e.f. .

section 47. of the reserve bank of india act : 147. allocation of surplus profits.after making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation fund 2and for all other matters for which provision is to be made by or under this act or which are usually provided for by bankers, the balance, of the profits shall be paid to the central government. 1. subs. by act 62 of , s. 7 and the schedule, for section 47 w.e.f. . 2. subs. by act 24 of , s. 8, for and such other contingencies as w.e.f. .

section 45zo. of the reserve bank of india act : 145zo. power to make rules.1 the central government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this chapter. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the procedure of functioning of the searchcumselection committee under subsection 3 of section 45zc b the terms and conditions of appointment, other than the remuneration and other allowances, of members of the monetary policy committee under subsection 2 of section 45zd and c any other matter which is to be, or may be, prescribed by the central government by rules. 1. ins. by act 28 of , s. 222 w.e.f. .

section 46a. of the reserve bank of india act : 146a. contribution to national rural credit long term operations fund and national rural credit stabilisation fund.the bank shall contribute every year such sums of money as it may consider necessary and feasible to do so, to the national rural credit long term operations fund and the national rural credit stabilisation fund established and maintained by the national bank under sections 42 and 43, respectively, of the national bank for agriculture and rural development act, 61 of . 1. subs. by act 61 of , s. 61 and the second schedule, for sections 46a and 46b w.e.f. . earlier these sections were inserted by act 24 of , s. 7 w.e.f. .

section 50. of the reserve bank of india act : 150. auditors.1 not less than two auditors shall be appointed, and their remuneration fixed, by the central government. 2 the auditors shall hold office for such term not exceeding one year as the central government may fix while appointing them, and shall be eligible for reappointment. 1. subs. by act 62 of , s. 7 and the schedule, for section 50 w.e.f. .

section 46d. of the reserve bank of india act : 146d. national housing credit long term operations fund.1 the bank shall establish and maintain a fund to be known as the national housing credit long term operations fund to which shall be credited every year such sums of money as it may consider necessary. 2 the amount in the said fund shall be applied by the bank only to the following objects namely: a the making to the national housing bank of loans and advances for the purpose of any business of the national housing bank b the purchasing of bonds and debentures issued by the national housing bank. 1. ins. by act 53 of , s. 56 and the second schedule w.e.f. .

section 53. of the reserve bank of india act : 1 the bank shall prepare and transmit to the 1central government a weekly account of the issue department and of the banking department in2such form as the 1central government may, by notification in the gazette of india, prescribe. the 1central government shall cause these accounts to be 3published in the gazette of india at such intervals and in such modified form as it may deem fit. 2 the batik shall also, within two months from the date on which the annual accounts of the bank are closed, transmit to the 4central government a copy of the annual accounts signed by the governor, the deputy governors and the chief accounting officer of the bank, and certified by the auditors, together with a report by the central board on the working of the bank throughout the year, and the 4central government shall cause such accounts and report to be published in the gazette of india. 5 1. subs. by the m.o. , for g.g. in c.. 2. subs. by the m.o. , for certain words. 3. subs. by act 24 of , s. 9, for published weekly in the government of india w.e.f. . 4. subs. by the m.o. , for g.g. in c.. 5. subsection 3 omitted by act 62 of , s. 7 and the schedule w.e.f. .

section 48. of the reserve bank of india act : 1 notwithstanding anything contained in 1the incometax act, 43 of or any other enactment for the time being in force relating to incometax or supertax, the bank shall not be liable to pay incometax or supertax on any of its income, profits or gains. 2 3 1. . subs. by act 24 of , s. 9, for indian incometax act, w.e.f. . 2. the proviso omitted by act 62 of , s. 7 and the schedule w.e.f. . 3. subsection 2 omitted by s. 7 and the schedule, ibid. w.e.f. .

section 49. of the reserve bank of india act : the bank shall make public from time to time the standard rate at which it is prepared to buy or rediscount bills of exchange or other commercial paper eligible for purchase under this act.

section 54aa. of the reserve bank of india act : 154aa. power of bank to depute its employees to other institutions.21 the bank may, notwithstanding anything contained in any law, or in any agreement, for the time being in force, depute any member of its staff for such period as it may think fit, a to any institution which is wholly or substantially owned by the bank b to the development bank, so, however, that no such deputation shall continue after the expiration of thirty months from the commencement of section 5 of the public financial institutions laws amendment act, 52 of c to the unit trust, so, however, that no such deputation shall continue after the expiration of thirty months from the date notified by the central government under subsection 1 of section 4a of the unit trust of india act, 52 of and thereupon the person so deputed shall, during the period of his deputation, render such service to the institution to which he is so deputed as that institution may require. 2 where a person has been deputed to an institution under subsection 1, he shall not be entitled to claim any salary, emoluments and other terms and conditions of service which he would not have been entitled to claim if he had not been so deputed. 3 nothing contained in this section shall empower the bank to depute any member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled immediately before such deputation. 4 for the purposes of this section, an institution shall be deemed to be substantially owned by the bank if in the capital of the institution the bank has not less than forty per cent, share. explanation.the word capital means, in relation to the unit trust, the initial capital of the trust. 1. ins. by act 58 of , s. 28 w.e.f. . 2. subs. by act 52 of , s. 20, for subsection 1 w.e.f. .

section 51. of the reserve bank of india act : without prejudice to anything contained in section 50, the 1central government may at any time appoint the 2comptroller and auditorgeneral 3 to examine and report upon the accounts of the bank. 1. subs. by the m.o. , for g.g. in c.. 2. subs. by act 32 of , s. 18, for auditor general w.e.f. . 3. the words or such auditors as it thinks fit omitted by act 62 of , s. 7 and the schedule w.e.f. .

section 56.. of the reserve bank of india act : power to require declaration as to ownership of registered shares.omitted by s. 7 and the schedule, ibid. w.e.f. .

section 52. of the reserve bank of india act : 1 every auditor shall be supplied with a copy of the annual balancesheet, and it shall be his duty to examine the same, together with the accounts and vouchers relating thereto and every auditor shall have a list delivered to him of all books kept by the bank, and shall at all reasonable time have access to the books, accounts and other documents of the bank, and may at the expense of the bank 2 employ accountants or other person to assist him in investigating such accounts, and may, in relation to such accounts, examine any director or officer of the bank. 2 the auditors shall make a report 3 to the 1central government 4 upon the annual balancesheet and accounts, and in every such report they shall state whether, in their opinion, the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of the banks affairs, and, in case they have called for any explanation or information from the central board, whether it has been given and whether it is satisfactory. 5. 1. subs. by the m.o. , for g.g. in c.. 2. the words if appointed by it or at the expense of the central government if appointed by that government omitted by act 24 of , s. 9 w.e.f. . 3. the words to the shareholders or omitted by act 62 of , s. 7 and the schedule w.e.f. . 4. the words as the case may be omitted by s. 7 and the schedule, ibid. w.e.f. . 5. the words any such report made to the shareholders shall be read, together with the report of the central board, at the annual general meeting omitted by s. 7 and the schedule, ibid. w.e.f. .

section 57. of the reserve bank of india act : 1 nothing in the 1companies act, 1 of shall apply to the bank and the bank shall not be placed in liquidation save by order of the 2central government and in such manner as 3it may direct. 4 1. subs. by act 19 of , s. 5, for indian companies act, 7 of w.e.f. . 2. subs. by the m.o. , for g.g. in c.. 3. subs. by ibid., for he may direct. 4. subsection 2 omitted by act 62 of , s. 7 and the schedule w.e.f. .

section 54. of the reserve bank of india act : 154. rural credit and development.the bank may maintain expert staff to study various aspects of rural credit and development and in particular it may: a tender expert guidance and assistance to the national bank b conduct special studies in such areas as it may consider necessary to do so for promoting integrated rural development. 1. subs. by act 61 of , s. 61 and the second schedule, for section 54 w.e.f. .

section 58. of the reserve bank of india act : 1 the central board may, with the previous sanction of the 1central government, 2by notification in the official gazette, make regulations consistent with this act to provide for all matters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this act. 2 in particular without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely: 3 f the manner in which the business of the central board shall be transacted, and the procedure to be followed at meetings thereof g the conduct of business of local boards and the delegation to such boards of powers and functions h the delegation of powers and functions of the central board 4 to deputy governors, directors or officers of the bank i the formation of committees of the central board, the delegation of powers and functions of the central board to such committees, and the conduct of business in such committees j the constitution and management of staff and superannuation funds for the officers and servants of the bank k the manner and form in which contracts binding on the bank may be executed l the provision of an official seal of the bank and the manner and effect of its use m the manner and form in which the balancesheet of the bank shall be drawn up and in which the accounts shall be maintained n the remuneration of directors of the bank o the relations of the scheduled banks with the bank and the returns to be submitted by the scheduled banks to the bank p the regulation of clearinghouses for the 5banks including post office savings banks 6pp the regulation of fund transfer through electronic means between the banks or between the banks and other financial institutions referred to in clause c of section 45i, including the laying down of the conditions subject to which banks and other financial institutions shall participate in such fund transfers, the manner of such fund transfers and the rights and obligations of the participants in such fund transfers q the circumstances in which, and the conditions and limitations subject to which, the value of any lost, stolen, mutilated or imperfect currency note of the government of india or bank note may be refunded 7qa the remuneration and other allowances payable to members of the monetary policy committee under subsection 2 of section 45zd qb the functions of the secretary under subsection 2 of section 45zg qc the procedure, manner of conducting of meetings and related matters of the monetary policy committee under subsection 12 of section 45zi qd the particulars and the frequency of publication of document under subsection 2 of section 45zj qe the form and contents of the monetary policy report to be published under subsection 2 of section 45zm and r generally, for the efficient conduct of the business of the bank. 83 any regulation made under this section shall have effect from such earlier or later date as may be specified in the regulation. 4 every regulation shall, as soon as may be after it is made by the central board, be, forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 95 copies of all regulations made under this section shall be available to the public on payment. 1. subs. by the m.o. , for g.g. in c.. 2. ins. by act 66 of , s. 6 w.e.f. . 3. clauses a to e omitted by act 62 of , s. 7 and the schedule w.e.f. . 4. the words to the governor, or omitted by act 54 of , s. 8 w.e.f. . 5. subs. by act 66 of , s. 6, for the scheduled banks w.e.f. . 6. ins. by act 21 of , s. 94 and the fourth schedule w.e.f. . 7. ins. by act 28 of , s. 223 w.e.f. . 8. ins. by act 51 of , s. 24 w.e.f. . 9. subsection 3 renumbered as subsection 5 thereof by s. 24, ibid. w.e.f. .

section 54a. of the reserve bank of india act : 154a. delegation of powers.1 the governor may, by general or special order, delegate to a deputy governor, subjects to such conditions and limitations, if any, as may be specified in the order, such of the powers and functions exercisable by him 2 under this act or under any other law for the time being in force as he may deem necessary for the efficient administration of the functions of the bank. 2 the fact that a deputy governor exercises any power or does any act or thing in pursuance of this act shall be conclusive proof of his authority to do so. 1. ins. by act 24 of , s. 10 w.e.f. . 2. the words by or omitted by act 58 of , s. 3 and the second schedule w.e.f. .

section 55.. of the reserve bank of india act : reports by the bank.omitted by the reserve bank transfer to public ownership act, 62 of , s. 7 and the schedule w.e.f. .

section 57a. of the reserve bank of india act : 157a. powers of bank not to apply to international financial services centre.notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the bank under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 58a. of the reserve bank of india act : 158a. protection of action taken in good faith.1 no suit, prosecution or other legal proceeding shall lie against the central government or the bank or any other person in respect of anything which is in good faith done or intended to be done under this act or in pursuance of any order, regulation or direction made or given thereunder. 2 no suit or other legal proceeding shall lie against the central government or the bank for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act or in pursuance of any order, regulation or direction made or given thereunder. 1. ins. by s. 25, ibid. w.e.f. .

section 58b. of the reserve bank of india act : 158b. penalties. 1 whoever in any application, declaration, return, statement, information or particulars made, required or furnished by or under or for the purposes of any provisions of this act, or any order, regulation or direction made or given thereunder or in any prospectus or advertisement issued for or in connection with the invitation by any person, of deposits of money from the public wilfully makes a statement which is false in any material particular knowing it to be false or willfully omits to make a material statement shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 if any person fails to produce any book, account or other document or to furnish any statement, information or particulars which, under this act or any order, regulation or direction made or given thereunder, it is his duty to produce or furnish or to answer any question put to him in pursuance of the provisions of this act or of any order, regulation or direction made or given thereunder, he shall be punishable with fine which may extend to 2one lakh rupees in respect of each offence and if he persists in such failure or refusal, with further fine which may extend to 3five thousand rupees for every day, after the first during which the offence continues. 3 if any person contravenes the provisions of section 31, he shall be punishable with fine which may extend to the amount of the bill of exchange, hundi, promissory note or engagement for payment of money in respect whereof the offence is committed. 4 if any person discloses any credit information, the disclosure of which is prohibited under section 45e, he shall be punishable with imprisonment for a term which may extend to six mounts, or with fine which may extend to one thousand rupees, or with both. 44a if any person contravenes the provisions of subsection 1 of section 45ia, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to 5twentyfive lakh rupees. 4aa if any auditor fails to comply with any direction given or order made by the bank under section 45ma, he shall be punishable with fine which may extend to 6ten lakh rupees. 4aaa whoever fails to comply with any order made by the company law board under subsection 2 of section 45qa, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than 7five thousand rupees for every day during which such noncompliance continues. 5 if any person 8other than an auditor a receives 9any deposit without being authorised so to do or in contravention of any direction given or order made under chapter iiib or 2aa fails to comply with any direction given or order made by the bank under any of the provisions of chapter iiib or b issues any prospectus or advertisement otherwise than in accordance with 10section 45j or any order made under section 45, as the case may be, he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend, i in the case of a contravention falling under clause a, to twice the amount of the deposit received and ii in the case of a contravention falling under clause b, to twice the amount of the deposit called for by the prospectus or advertisement. 115a if any person contravenes any provision of section 45s, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of deposit received by such person in contravention of that section, or two thousand rupees, whichever is more, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees. 5b notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for metropolitan magistrate or a judicial magistrate of the first class to impose a sentence of the fine in excess of the limit specified in that section on any person convicted under subsection 5a. 6 if any other provision of this act is contravened of if any default is made in complying with any other requirement of this act or of any order, regulation or direction made or given or condition imposed thereunder, any person guilty of such contravention or default shall be punishable with fine which may extend to 12one lakh rupees and where a contravention or default is a continuing one, with further fine which may extend to 13ten thousand rupees for every day, after the first, during which the contravention or default continues. 1. ins. by s. 26, ibid. w.e.f. . 2. subs. by act 23 of , s. 142, for two thousand rupees w.e.f. . 3. subs. by s. 142, ibid., for one hundred rupees w.e.f. . 4. ins. by act 23 of , s. 10 w.e.f. . 5. subs. by act 23 of , s. 142, for five lakh rupees w.e.f. . 6. subs. by s. 142, ibid., for five thousand rupee w.e.f. . 7. subs. by s. 142, ibid., for rupees fifty w.e.f. . 8. ins. by act 23 of , s. 10 w.e.f. . 9. subs. by act 23 of , s. 142, for any deposit w.e.f. . 10. subs. by s. 142, ibid., for the section 45na w.e.f. . 11. ins. by act 1 of , s. 11 w.e.f. . 12. subs. by act 23 of , s. 142 for two thousand rupees w.e.f. . 13. subs. by s. 142, ibid., for one hundred rupees w.e.f. .

section 59.. of the reserve bank of india act : amendment of act 3 of repealed.rep. by the repealing and amending act, 20 of , s. 3 and the second schedule w.e.f. .

section 58c. of the reserve bank of india act : 1 where a person committing a contravention or default referred to in section 58b is a company, every person who, at the time the contravention or default was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention or default and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment if he proves that the contravention or default was committed without his knowledge or that he had exercised all due diligence to prevent the contravention or default. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or employee of the company, such director, manager, secretary, other officer or employee shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. explanation 1.any offence punishable under this act shall be deemed to have been committed at the place where the registered office or the principal place of business, as the case may be, in india, of the company is situated. explanation 2.for the purpose of this section, a a company means any body corporate and includes a corporation, a nonbanking institution, a firm, a cooperative society or other association of individuals b director, in relation to a firm, means a partner in the firm.

section 58d. of the reserve bank of india act : nothing contained in section 58b shall apply to, or in respect of, any matter dealt with in section 42.

section 58e. of the reserve bank of india act : 1 no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of the bank, generally or specially authorised in writing in this behalf by the bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or a court superior thereto shall try any such offence: 1provided that in respect of any offence punishable under subsection 5a of section 58b, a complaint in writing may also be made by an officer of the state government, generally or specially authorised in writing in this behalf by that government. 2 notwithstanding anything contained in the code of criminal procedure, 2 of a magistrate may, if he see reason so to do, dispense with the personal attendance of the officer of the bank filing the complaint, but the magistrate may in his discretion, at any stage of the proceedings, direct the personal attendance of the complainant. 1. added by act 1 of , s. 12 w.e.f. .

section 58f. of the reserve bank of india act : 158f. application of fine.a court imposing any fine under this act may direct that the whole or any part thereof shall be applied in, or towards payment of, the costs of the proceedings. 1. ins. by s. 26, ibid. w.e.f. .

section 58g. of the reserve bank of india act : 158g. power of bank to impose fine. 1 notwithstanding anything contained in section 58b, if the contravention or default of the nature referred to in section 58b is committed by a nonbanking financial company, the bank may impose on such nonbanking financial company a a penalty not exceeding 2twentyfive thousand or b where the contravention or default is under subsection 4a or clause a or clause aa of subsection 5 of section 58b, a penalty of 3ten lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more and where such contravention or default is a continuing one, further penalty which may extend to 4one lakh rupees for every day, after the first, during which the contravention or default continues. 2 for the purpose of imposing penalty under subsection 1, the bank shall serve a notice on the nonbanking financial company requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such nonbanking financial company. 3 any penalty imposed by the bank under this section shall be payable within a period of thirty days from the date on which notice issued by the bank demanding payment of the sum is served on the nonbanking financial company and, in the event of failure of the nonbanking financial company to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office or the head office of the nonbanking financial company is situated: provided that no such direction shall be made, except on an application made by an officer of the bank authorised in this behalf, to by the principal civil court. 4 the court which makes a direction under subsection 4, shall issue a certificate specifying the sum payable by the nonbanking financial company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. 5 no complaint shall be filed against any nonbanking financial company in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the bank under this section. 6 where any complaint has been filed against a nonbanking financial company in a court in respect of contravention or default of the nature referred to in section 58b, no proceedings for imposition of penalty against that nonbanking financial company shall be taken under this section. 1. ins. by act 23 of , s. 11 w.e.f. . 2. subs. by act 23 of , s. 143 for five thousand w.e.f. . 3. subs. by s. 143, ibid., for five lakh w.e.f. . 4. subs. by s. 143, ibid., for twentyfive thousand w.e.f. .

section 61.. of the reserve bank of india act : amendment of section ii, act vii of .rep. by s. 3 and the second schedule, ibid. w.e.f. .

section 60.. of the reserve bank of india act : repeals.rep. by s. 3 and the second schedule, ibid. w.e.f. .

section 7. of the public debt act : subject to the provisions of section 9 the executors or administrators of a deceased sole holder of a government security and the holder of a succession certificate issued under part x of the indian succession act, 39 of shall be the only persons who may be recognised by the bank as having any title to the government security: provided that nothing in this section shall bar the recognition by the bank of the manager or the sole surviving male member of a hindu undivided family governed by the mitakshara law as having a title to a government security, when the security appears to the bank to stand in the name of a deceased member of the family and an application is made by such manager or sole surviving member for recognition of his title and is supported by a certificate signed by such authority and after such inquiry as may be prescribed to the effect that the deceased belonged to a hindu undivided family governed by the mitakshara law, that the government security formed part of the joint property of the family, and that the applicant is the managing or sole surviving male member of the family. explanation. the expression hindu undivided family governed by the mitakshara law shall, for the purposes of this section, be deemed to include a malabar tarwad.

section 1. of the public debt act : 1 this act may be called the public debt 1 act, . 2 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint in this behalf. 1. the brackets and words central government omitted by act 6 of , s. 3 w.e.f. . 2. subsection 2 omitted by act 57 of , s. 3 w.e.f. . 3. 1st may, , see gazette of india, , pt. i. p. 575.

section 6. of the public debt act : 1 no notice of any trust in respect of any government security shall be receivable by 1the government, nor shall 1the government, be bound by any such notice even though expressly given, nor shall 1the government, be regarded as a trustee in respect of any government security. 2 without prejudice to the provisions of subsection 1, the bank may, as an act of grace and without any liability to the bank or to 1the government, record in its books such directions by the holder of stock for the payment of interest on, or of the maturity value of, or the transfer of, or such other matters relating to, the stock as the bank thinks fit. 1. subs. by act 6 of , s. 6, for the central government w.e.f. .

section 2. of the public debt act : in this act, unless there is anything repugnant in the subject or context, 1 the bank means the reserve bank of india 11a the government, in relation to any government security, means the central or state government issuing the security 2 government security means a a security, created and issued, 2by the government for the purpose of raising a public loan, and having one of the following forms, namely : i stock transferable by registration in the books of the bank or ii a promissory note payable to order or iii a bearer bond payable to bearer or iv a form prescribed in this behalf b any other security created and issued by 3the government in such form and for such of the purposes of this act as may be prescribed 3 prescribed means prescribed by rules made under this act 4 promissory note includes a treasury bill. 1. ins. by act 6 of , s. 4 w.e.f. . 2. subs. by act 57 of , s. 5, for certain words w.e.f. . 3. subs. by act 57 of , s. 5, for certain words w.e.f.

section 8. of the public debt act : notwithstanding anything contained in section 45 of the indian contract act, 9 of , a when a government security is held by two or more persons jointly and either or any of them dies, the title to the security shall vest in the survivor or survivors of those persons, and b when a government security is payable to two or more persons severally and either or any of them dies, the security shall be payable to the survivor or survivors of those persons or to the representative of the deceased or to any of them: provided that nothing contained in this section shall effect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect of any security to which this section applies. explanation. for the purposes of this section 1a body incorporated or deemed to be incorporated under the companies act, 1 of , or the cooperative societies act, 2 of , or any other enactment for the time being in force whether within or without 2india, relating to the incorporation of associations of individuals, shall be deemed to die when it is dissolved. 1. subs. by act 57 of , s. 7, for a body incorporated under the indian companies act, 7 of w.e.f. . 2. subs. by the a.o. , for the provinces.

section 1a. of the public debt act : 11a. securities to which this act applies.this act applies to government securities created and issued whether before or after the commencement of this act by the central government or a state government 2. 1. ins. by act 57 of , s. 4 w.e.f. . 2. the words other than the government of jammu and kashmir omitted by act 44 of , s. 2 w.e.f. .

section 3. of the public debt act : 1 1subject to the provisions of section 5, a transfer of a government security shall be made only in the manner prescribed for the making of transfers of securities of the class to which it belongs, and no transfer of a government security which i is made after the 30th april, , in the case of a security issued by the central government, ii is made after the 31st march, , in the case of a security issued by the government of a part a state, iii is made after the 14th october, , in the case of a security issued by the government of a part b state other than jammu and kashmir, 2 iv is made on or after the 1st day of november, , in the case of a security issued on or after that day by the government of any state other than jammu and kashmir, 3and 4v is made on or after the 1st day of september, , in the case of a securit y issued on or after that day by the government of the state of jammu and kashmir, shall be valid if a it does not purport to convey the full title to the security, or b it is of such a nature as to affect the manner in which the security was expressed by 5the government to be held. 2 nothing in this section shall affect any order made by the bank under this act, or any order made by a court upon the bank. 1. subs. by the adaptation of laws no. 3 order, , for the opening paragraph. 2. the word and omitted by act 44 of , s. 3 w.e.f. . 3. added by s. 3, ibid. w.e.f. . 4. ins. by s. 3, ibid. w.e.f. . 5. subs. by act 6 of , s. 6, for the central government w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the public debt act : 1 in the case of any public office to which 1the government may, by notification in the official gazette, declare this subsection to apply, a government security in the form of stock or of a promissory note may be held in the name of the office. 2 when a government security is so held, it shall be deemed to be transferred without any or further endorsement or transfer deed from each holder of the office to the succeeding holder of the office on and from the date on which the latter takes charge of the office. 3 when the holder of the office transfers to a party not being his successor in office a government security so held, the transfer shall be made by the signature of the holder of the office and the name of the office in the manner and subject to the conditions laid down in section 3. 4 this section applies as well to an office of which there are two or more joint holders as to an office of which there is a single holder. 1. subs. by act 6 of , s. 6, for the central government w.e.f. .

section 10. of the public debt act : when a government security or securities belong to a minor or a person who is insane and incapable of managing his affairs and the face value of the security or securities does not in the aggregate exceed five thousand rupees, the bank may make such order as it thinks fit for the vesting of such security or securities in such person as it considers represents the minor or insane person.

section 4. of the public debt act : notwithstanding anything contained in the negotiable instruments act, 26 of , a person shall not, by reason only of his having transferred a government security, be liable to pay any money due either as principal or as interest thereunder.

section 11. of the public debt act : 1 if the person entitled to a government security applies to the bank alleging that the security has been lost, stolen or destroyed, or has been defaced or mutilated, the bank may, on proof to its satisfaction of the loss, theft, destruction, defacement or mutilation of the security, subject to such conditions and on payment of such fees as may be prescribed, order the issue of a duplicate security payable to the applicant. 2 if the person entitled to a government security applies to the bank to have the security converted into a security of another form, or into a security issued in connection with another loan or to have it consolidated with other like securities, or to have it sub divided, or to have it renewed, the bank may, subject to such conditions and on payment of such fees as may be prescribed, cancel the security and order the issue of a new security or securities. 3 the person to whom a duplicate security or a new security is issued under this section shall be deemed for the purposes of section 19 to have been recognised by the bank as the holder of the security and a duplicate security or new security so issued to any person shall be deemed to constitute a new contract between 1the government and such person and all persons deriving title thereafter through him. 1. subs. by act 6 of , s. 6, for the central government w.e.f. .

section 9. of the public debt act : notwithstanding anything contained in section 7, if within six months of the death of a person who was the holder of a government security or securities the face value of which does not in the aggregate exceed five thousand rupees, probate of his will or letters of administration of his estate or a succession certificate issued under part x of the indian succession act, 39 of , is not produced to the bank, or proof to the satisfaction of the bank that proceedings have been instituted to obtain one of these is not furnished, the bank may determine who is the person entitled to the security or securities, or to administer the estate of the deceased and may make an order vesting the security or securities in the person so determined.

section 12. of the public debt act : 1 if the bank is of opinion that a doubt exists as to the title to a government security, it may proceed to determine the person who shall for the purposes of the bank be deemed to be the person entitled thereto. 2 the bank shall give notice in writing to each claimant of whom it has knowledge, stating the names of all other claimants and the time when and the officer of the bank by whom the determination of the bank will be made. 3 the bank shall give notice in writing to each claimant of the result of the determination so made. 4 on the expiry of six months from the issue of the notices referred to in sub section 3, the bank may make an order vesting in the person, found by the bank to be entitled to the security, the security and any unpaid interest thereon.

section 9a. of the public debt act : 19a. application of sections 9b, 9c, etc.notwithstanding anything contained in section 1a, the provisions of sections 9b and 9c and the power to make rules in relation to any of the matters referred to in sections 9b and 9c shall apply only to such classes of government securities created and issued by the central government, whether before or after the commencement of the public debt amendment act, 44 of , as that government may, by notification in the official gazette, specify, and in relation to such classes of securities the provisions of sections 7 and 9 shall have effect subject to the provisions contained in sections 9b and 9c. 1. ins. by act 44 of , s. 2 w.e.f. .

section 14. of the public debt act : 1 for the purpose of making any order which it is empowered to make under this act, the bank may request a district magistrate 1 to record or to have recorded the whole or any part of such evidence as any person whose evidence the bank requires may produce. a district magistrate so requested may himself record, or may direct any magistrate of the first class subordinate to him or any magistrate of the second class subordinate to him and empowered in this behalf by gereral or special order of the state government to record the evidence, and shall forward a copy thereof to the bank. 2 for the purpose of making a vesting order under this act the bank may direct one of its officers to record the evidence of any person whose evidence the bank requires or may receive evidence upon affidavit. 3 a magistrate or an officer of the bank acting in pursuance of this section may administer an oath to any witness examined by him. 1. the words and letter or in a part b state the political agent omitted by s. 9, ibid. w.e.f. .

section 9b. of the public debt act : 19b. nominations by holders of government securities.1 notwithstanding anything contained in any law for the time being in force or any disposition, whether testamentary or otherwise, in respect of a government security, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the amount for the time being due on the security on the death of the holder thereof, the nominee shall, on the death of the holder of the security, become entitled to the security and to payment thereon to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. 2 any nomination referred to in subsection 1 shall become void if the nominee predeceases, or where there are two or more nominees all the nominees predecease, the holder of the security making the nomination. 3 a transfer of a government security made in the prescribed manner shall automatically cancel a nomination previously made : provided that where a government security is held by or on behalf of any person as a pledgee or by way of security for any purpose, such holding shall not have the effect of cancelling a nomination, but the right of the nominee shall be subject to the right of the person so holding it. 4 where the nominee is a minor it shall be lawful for the holder of a security to appoint in the prescribed manner any person to receive the amount for the time being due on the security in the event of his death during the minority of the nominee, and, where any such appointment has been made, the government security shall, after the death of the holder and during the minority of the nominee, be deemed to be vested in that person as representing the minor. 1. ins. by act 44 of , s. 2 w.e.f. .

section 9c. of the public debt act : 19c. payment on death of holder.1 if a person dies and he is at the time of his death the holder of a government security and there is in force at the time of his death a nomination in favour of any person, the amount for the time being due on the security shall be paid to the nominee. 2 where the nominee is a minor, the amount for the time being due on the government security shall be paid a in any case where a person has been appointed to receive it under subsection 4 of section 9b, to that person and b where there is no such person, to the guardian of the minor for the use of the minor. 3 where the amount due for the time being on a government security is payable to two or more nominees and either or any of them is dead, the title to the security shall vest in the survivor or survivors of those nominees and the amount for the time being due thereon shall be paid accordingly. 4 nothing contained in this section shall be deemed to require any person to accept payment of the amount due on a government security before it has reached maturity or otherwise than in accordance with the terms of the security. 5 any payment made in accordance with the provisions of this section of the amount due for the time being on a government security shall be a full discharge in respect of the security: provided that nothing contained in this section or in section 9b shall affect any right or claim which any person may have against the person to whom any payment is made under this section. 1. ins. by act 44 of , s. 2 w.e.f. .

section 13. of the public debt act : notwithstanding that as a matter of convenience 1the government may have arranged for payments on a government security to be made elsewhere than in 2india, the rights of all persons in relation to government securities shall be determined in connection with all such questions as are dealt with by this act by the law and in the courts of 3india. 1. subs. by act 6 of , s. 6, for the central government w.e.f. . 2. subs. by act 57 of , s. 8, for part a states and part c states w.e.f. . 3. subs. s. 8, ibid., for those states w.e.f. .

section 15. of the public debt act : where the bank contemplates making an order under this act to vest a government security in any person, the bank may suspend payment of interest on or the maturity value of the security or postpone the making of any order under section 11 or the registration of any transfer of the security until the vesting order has been made.

section 22. of the public debt act : save as otherwise expressly provided in the terms of a government security, no person shall be entitled to claim interest on such security in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the amount due on such security.

section 16. of the public debt act : 1 before making any order which it is empowered to make under this act, the bank may require the person in whose favour the order is to be made to execute a bond with one or more sureties in such form as may be prescribed or to furnish security not exceeding twice the value of the subjectmatter of the order, to be held at the disposal of the bank, to pay to the bank or any person to whom the bank may assign the bond or security in furtherance of subsection 2 the amount thereof. 2 a court before which a claim in respect of the subjectmatter of any such order is established may order the bond or security to be assigned to the successful claimant who shall thereupon be entitled to enforce the bond or realise the security to the extent of such claim.

section 17. of the public debt act : any notice required to be given by the bank under this act may be served by post, but every such notice shall also be published by the bank in 1the gazette of india or the official gazette of the state, according as the notice relates to a security, issued by the central government or a state government, and on such publication shall be deemed to have been delivered to all persons for whom it is intended. 1. subs. by act 6 of , s. 7, for the official gazette w.e.f. .

section 18. of the public debt act : an order made by the bank under this act may confer the full title to a government security or may confer a title only to the accrued and accruing interest on the security pending a further order vesting the full title.

section 19. of the public debt act : no recognition by the bank of a person as the holder of a government security, and no order made by the bank under this act shall be called in question by any court so far as such recognition or order affects the relations of 1the government or the bank with the person recognised by the bank as the holder of a government security or with any person claiming an interest in such security, and any such recognition by the bank of any person or any order by the bank vesting a government security in any person shall operate to confer on tha t person a title to the security subject only to a personal liability to the rightful owner of the security for money had and received on his account. 1. subs. by s. 6, ibid., for the central government w.e.f.

section 20. of the public debt act : where the bank contemplates making with reference to any government security any order which it is empowered to make under this act, and before the order is made the bank receives from a court in 1india an order to stay the making of such order, the bank shall either a hold the security together with any interest unpaid or accruing thereon until the further orders of the court are received, or b apply to the court to have the security transferred to the official trustees appointed for the state in which such court is situated, pending the dispo sal of the proceedings before the court. 1. subs. by act 57 of , s. 10, for a part a state or a part c state w.e.f. .

section 21. of the public debt act : where the bank contemplates making an order under this act vesting a government security in any person the bank may, at any time before the order is made, cancel any proceedings already taken for that purpose and may, on such cancellation, proceed anew to the making of such order.

section 23. of the public debt act : 1the government shall be discharged from all liability on a bearer bond or on any interest coupon of such a bond on payment to the holder of such bond or coupon on presentation on or after the date when it becomes due of the amount expressed therein, unless before such payment an order of a court in 2india has been served on 1the government restraining it from making payment. 1. subs. by act 6 of , s. 6, for the central government w.e.f. . 2. subs. by act 57 of , s. 11, for the states w.e.f. .

section 24. of the public debt act : where no shorter period of limitation is fixed by any law for the time being in force, the liability of 1the government in respect of any interest payment due on a government security shall terminate on the expiry of six years from the date on which the amount due by way of interest became payable. 1. subs. by act 6 of , s. 6, for the central government w.e.f. .

section 30. of the public debt act : 130. construction of reference to laws not in force before 1st april, in part b states.any reference in this act to any law which did not extend to any part b state or any part of such state before the commencement of the part b states laws act, 3 of , shall wherever necessary, be construed as including a reference to the corresponding law, if any, in force in that state, or, as the case may be, any part thereof, before the said date. 1. ins. by s. 14, ibid. w.e.f. .

section 25. of the public debt act : no person shall be entitled to inspect, or to receive information derived from any government security in the possession or custody of 1the government or from any book, register, or other document kept or maintained by or on behalf of 1the government in relation to government securities or any government security, save in such circumstances and manner and subject to such conditions as may be prescribed. 1. subs. by act 6 of , s. 6, for the central government w.e.f. .

section 26. of the public debt act : for the purposes of section 124 of the indian evidence act, 1 of , the provisions of part iv of the code of civil procedure, 5 of , relating to suits by or against public officers in their official capacity, and the provisions of rule 27 of order v, and rule 52 of order xxi of the said code, the bank and any officer of the bank acting in his capacity as such shall be deemed to be a public officer.

section 31. of the public debt act : construction of references to laws not in force in jammu and kashmir. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 44 of , s. 4 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 27. of the public debt act : 1 if any person, for the purpose of obtaining for himself or for any other person any title to a government security, makes to any authority under this act in any application made under this act or in the course of any inquiry undertaken in pursuance of this act any statement which is false and which he either knows to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to six months, or with fine or with both. 2 no court shall take cognizance of any offence under subsection 1 except on the complaint of the bank.

section 28. of the public debt act : 1 the central government may, subject to the condition of previous publication, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely : a the forms in which government securities may be issued b the form of the obligations referred to in clause iv of subclause a of clause 2 of section 2 c the conditions subject to which government securities may be issued to the 1rulers of former indian states d the manner in which different forms of government securities may be transferred e the holding of government securities in the form of stock by the holders of offices other than public offices, and the manner in which and the conditions subject to which government securities so held may be transferred f the manner in which payment of interest in respect of government securities is to be made and acknowledged g the conditions governing the grant of duplicate, renewed, converted, consolidated and subdivided government securities h the fees to be paid in respect of the issue of duplicate government securities and of the renewal, conversion, consolidation and subdivision of government securities i the form in which receipt of a government security delivered for discharge, renewal, conversion, consolidation or subdivision is to be acknowledged j the manner of attestation of documents relating to government securities in the form of stock k the manner in which any document relating to a government security or any endorsement on a promissory note issued by 2the government may, on the demand of a person who from any cause is unable to write, be executed on his behalf l the form of the bonds referred to in subsection 1 of section 16 m the circumstance and the manner in which and the conditions subject to which inspection of government securities, books, registers and other documents may be allowed or information therefrom may be given under section 25 n the procedure to be followed in making vesting orders o the authority by whom the certificate referred to in the proviso to section 7 is to be granted and the manner of making the inquiry therein mentioned 3p the form in which and the persons in whose favour nominations may be made under section 9b, the manner in which and the conditions and restrictions subject to which such nominations may be made, the registration, variation or cancellation of such nominations and the fees that may be levied for such registration, variation or cancellation q the manner in which any person may be appointed for the purposes of subsection 4 of section 9b. 43 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 57 of , s. 12, for rules of part b states w.e.f. . 2. subs. by act 6 of , s. 6, for the central government w.e.f. . 3. ins. by act 44 of , s. 3 w.e.f. . 4. subs. by act 44 of , s. 4, for subsection 3 w.e.f. .

section 29. of the public debt act : 129. certain laws not to apply to government securities.the indian securities act, 10 of , and any law corresponding to that law in force in any part b state immediately before the commencement of the public debt amendment act, 57 of , shall cease to apply to government securities to which this act applies and to all matters for which provision is made by this act : provided that any such corresponding law shall continue to apply to or in relation to any securities created and issued by the government of hyderabad, saurashtra or travancore cochin on or before the 31st day of march, , for such period not exceeding one year from the commencement of the public debt amendment act, 57 of , as the cenral government may, by notification in the official gazette, specify. 1. subs. by act 57 of , s. 12, for the original s. 29 w.e.f. .

section 2d. of the insurance act : 12d. insurers to be subject to this act while liabilities remain unsatisfied. every insurer shall be subject to all the provisions of this act in relation to any class of insurance business so long as his liabilities in 2india in respect of business of that class remain unsatisfied or not otherwise provided for. 1. sections 2a and 2b renumbered as sections 2d and 2e thereof by act 47 of , s. 6 w.e.f. . 2. subs. by act 62 of , s. 2 the schedule, for the states w.e.f. .

section 1. of the insurance act : show related subordinates 1 this act may be called the insurance act, . 12 it extends to the whole of india 2. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by act 47 of , s. 2, for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f. . 3. 1st july, : see notification no. 5894/38, dated the 1st april, , gazette of india, , pt. i, p. 631.

section 2. of the insurance act : show related subordinates in this act, unless there is anything repugnant in the subject or context, 11 actuary means an actuary as defined in clause a of subsection 1 of section 2 of the actuaries act, 35 of 1a authority means the insurance regulatory and development authority of india established under subsection 1 of section 3 of the insurance regulatory and development authority act, 41 of 22 policyholder includes a person to whom the whole of the interest of the policyholder in the policy is assigned once and for all, but does not include an assignee thereof whose interest in the policy is defeasible or is for the time being subject to any condition 33 approved securities means i government securities and other securities charged on the revenues of the central government or of the government of a 4 state or guaranteed fully as regards principal and interest by the central government, or the government of any 2 state ii debentures or other securities for money issued under the authority of any central act or act of a state legislature by or on behalf of a port trust or municipal corporation or city improvement trust in any presidencytown iii shares of a corporation established by law and guaranteed fully by the central government or the government of a 5 state as to the repayment of the principal and the payment of dividend iv securities issued or guaranteed fully as regards principal and interest by the government of any part b state and specified as approved securities for the purposes of this act by the central government by notification in the official gazette and 6 provided that securities or debentures specified in item v shall be recognished as approved securities only for such purposes and for such period and subject to such conditions as may be prescribed 7explanation. in subclauses i and iii, government of a state in relation to any period before the 1st november, , means the government of a part a state. 84 auditor means a person qualified under the chartered accountants act, 38 of , to act as an auditor of companies 94a banking company and company shall have the meanings respectively assigned to them in clauses c and d of subsection 1 of section 5 of the banking companies act, 10 of 5 certified in relation to any copy or translation of a document required to be furnished by or on behalf of 11an insurer or a provident society as defined in part iii means certified by a principal officer of 12such insurer or provident society to be a true copy or a correct translation, as the case may be 13 145b controller of insurance means the officer appointed by the central government under section 2b to exercise all the powers, discharge the functions and perform the duties of the authority under this act or the life insurance corporation act, 31 of or the general insurance business nationalisation act, 57 of or the insurance regulatory and development authority act, 41 of 6 court means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction 156a fire insurance business means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence customarily included among the risks insured against in fire insurance policies 6b general insurance business means fire, marine or miscellaneous insurance business, whether carried on singly or in combination with one or more of them 166c health insurance business means the effecting of contracts which provide for sickness benefits or medical, surgical or hospital expense benefits, whether inpatient or outpatient travel cover and personal accident cover 177 government security means a government security as defined in the public debt act, 18 of 187a indian insurance company means any insurer, being a company which is limited by shares, and, a which is formed and registered under the companies act, 18 of as a public company or is converted into such a company within one year of the commencement of the insurance laws amendment act, 5 of 19b in which the aggregate holdings of equity shares by foreign investors including portfolio investors, do not exceed seventyfour per cent. of the paidup equity capital of such indian insurance company, and the foreign investment in which shall be subject to such conditions and manner, as may be prescribed. explanation. for the purposes of this subclause, the expression control shall include the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders agreements or voting agreements c whose sole purpose is to carry on life insurance business or general insurance business or reinsurance business or health insurance business 20 218a insurance cooperative society means any insurer being a cooperative society, a which is registered on or after the commencement of the insurance amendment act, 42 of , as a cooperative society under the cooperative societies act, 2 of or under any other law for the time being in force in any state relating to cooperative societies or under the multistate cooperative societies act, 51 of 22b having a minimum paidup capital of rupees one hundred crore in case of life insurance business, general insurance business and health insurance business c in which no body corporate, whether incorporated or not, formed or registered outside india, either by itself or through its subsidiaries or nominees, at any time, holds more than twentysix per cent of the capital of such cooperative society d whose sole purpose is to carry on life insurance business or general insurance business 23or health insurance business in india 249 insurer means a an indian insurance company, or b a statutory body established by an act of parliament to carry on insurance business, or c an insurance cooperative society, or d a foreign company engaged in reinsurance business through a branch established in india. explanation. for the purposes of this subclause, the expression foreign company shall mean a company or body established or incorporated under a law of any country outside india and includes lloyds established under the lloyds act, united kingdom or any of its members 10 insurance agent means an insurance agent 25 26 who receives or agrees to receive payment by way of commission or other remuneration in consideration of his soliciting or procuring insurance business 27including business relating to the continuance, renewal or revival of policies of insurance 2810a investment company means a company whose principal business is the acquisition of shares, stocks, debentures or other securities 2910b intermediary or insurance intermediary shall have the meaning assigned to it in clause f of subsection 1 of section 2 of the insurance regulatory and development authority act, 41 of 3011 life insurance business means the business of effecting contracts of insurance upon human life, including any contract whereby the payment of money is assured on death except death by accident only or the happening of any contingency dependent on human life, and any contract which is subject to payment of premiums for a term dependent on human life and shall be deemed to include a the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance, b the granting of annuities upon human life and c the granting of superannuation allowances and 31benefit payable out of any fund applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade or employment or of the dependents of such persons 32explanation. for the removal of doubts, it is hereby declared that life insurance business shall include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment and a component of insurance issued by an insurer referred to in clause 9 of this section. 33 32 3413a marine insurance business means the business of effecting contracts of insurance upon vessels of any description, including cargoes, freights and other interests which may be legally insured, in or in relation to such vessels, cargoes and freights, goods, wares, merchandise and property of whatever description insured for any transit by land or water, or both, and whether or not including warehouse risks or similar risks in addition, or as incidental to such transit, and includes any other risks customarily included among the risks insured against in marine insurance policies 13b miscellaneous insurance business means the business of effecting contracts of insurance which is not principally or wholly of any kind or kinds included in clauses 6a, 11 and 13a 3513ba national company law tribunal means the national company law tribunal constituted under section 10fb of the companies act, 1 of 13bb the national company law appellate tribunal means the national company law appellate tribunal constituted under subsection 1 of section 10fr of the companies act, 1 of 14 prescribed means prescribed by rules made under 36this act and 37 38 16 private company and public company have the meanings respectively assigned to them in 39clause 68 and clause 72 of section 2 of the companies act, 18 of 4016a regulations means the regulations framed by the insurance regulatory and development authority of india established under the insurance regulatory and development authority act, 41 of 16b reinsurance means the insurance of part of one insurers risk by another insurer who accepts the risk for a mutually acceptable premium 16c securities appellate tribunal means the securities appellate tribunal established under section 15k of the securities and exchange board of india act, 15 of 41 1. subs. by act 5 of , s. 3, for clauses 1 and 1a w.e.f. . 2. subs. by act 6 of , s. 2, for clause 2 w.e.f. . 3. subs. by act 47 of , s. 3, for clause 3 w.e.f. . 4. the words part a omitted by the adaptation of laws no. 3 order, . 5. the word part a omitted by the adaptation of laws no. 3 order, . 6. subclause v omitted by act 42 of , s. 2 w.e.f. . 7. ins. by the adaptation of laws no. 3 order . 8. subs. by act 47 of , s. 3 for clause 4 w.e.f. . 9. ins. by s. 3, ibid, w.e.f. . 10. now renamed as banking regulation act, 10 of . 11. subs. by act 13 of , s. 2, for an insurer w.e.f. . 12. subs. by s. 2, ibid, for the insurer w.e.f. . 13. clause 5a omitted by act 5 of , s. 3 w.e.f. . 14. subs. by act 41 of , s. 30 and the first schedule w.e.f. . earlier it was inserted by act 47 of , s. 3 w.e.f. . 15. ins. by act 47 of , s. 3 w.e.f. . 16. ins. by act 5 of , s. 3 w.e.f. . 17. subs. by act 47 of , s. 3, for clause 7 w.e.f. . 18. subs. by act 5 of , s. 3, for clause 7a w.e.f. . 19. subs. by act 6 of , s. 2, for subclause b w.e.f. . 20. clause 8 omitted by s. 3, ibid. w.e.f. . 21. ins. by act 42 of , s. 2 w.e.f. . 22. subs. by act 5 of , s. 3, for subclause b w.e.f. . 23. ins. by s. 3, ibid. w.e.f. . 24. subs. by s. 3, ibid., for clause 9 w.e.f. . 25. the words and figures licensed under section 42 omitted by s. 3, ibid. w.e.f. . 26. the words being an individual omitted by act 35 of , s. 2 w.e.f. . 27. ins. by act 47 of , s. 3 w.e.f. . 28. ins. by act 42 of , s. 2 w.e.f. . 29. subs. by act 47 of , s. 2, for clause 11 w.e.f. . 30. subs. by act, 5 of , s. 3, for annuities payable out of any fund w.e.f. . 31. ins. by act 26 of , s. 3 w.e.f. . 32. clause 12 omitted by act 5 of , s. 3 w.e.f. . 33. clause 13 omitted by s. 3, ibid. w.e.f. . 34. ins. by act 47 of , s. 3 w.e.f. . 35.. ins. by act 11 of , s. 133 and the schedule w.e.f. . 36.. subs. by act 41 of , s. 30 and the first schedule, for section 114 w.e.f. . 37. clause 14a omitted by act 62 of , s. 2 and the schedule w.e.f. . 38. clause 15 omitted by act 5 of , s. 3 w.e.f. . 39. subs. by act 5 of , s. 3 for clauses 13 and 13a of section 2 of the indian companies act, 7 of w.e.f. . 40. ins. by s. 3, ibid. w.e.f. . 41. clause 17 omitted by s. 3, ibid. w.e.f. .

section 2cb. of the insurance act : 12cb. properties in india not to be insured with foreign insurers except with the permission of authority. 1 no person shall take out or renew any policy of insurance in respect of any property in india or any ship or other vessel or aircraft registered in india with an insurer whose principal place of business is outside india save with the prior permission of the authority. 2 if any person contravenes the provision of subsection 1, he shall be liable to a penalty which may extend to five crore rupees. 1. ins. by act 5 of , s. 4, w.e.f. .

section 2a. of the insurance act : 12a. interpretation of certain words and expressions. words and expressions used and not defined in this act but defined in the life insurance corporation act, 31 of , the general insurance business nationalisation act, 57 of and the insurance regulatory and development authority act, shall have the meanings respectively assigned to them in those acts. 1. ins. by act 41 of , s. 30 and the fifth schedule w.e.f. .

section 2e.. of the insurance act : 2e. this act not to apply to certain insurers, ceasing to enter into new contracts before commencement of act. omitted by the insurance laws amendment act, 5 of , s. 5 w.e.f. .

section 2b. of the insurance act : 12b. appointment of controller of insurance. 21 if at any time, the authority is superseded under subsection 1 of section 19 of the insurance regulatory and development authority act, , the central government may, by notification in the official gazette, appoint a person to be the controller of insurance till such time the authority is reconstituted under subsection 3 of section 19 of that act. 2 in making any appointment under this section, the central government shall have due regard to the following considerations, namely, whether the person to be appointed has had experience in industrial, commercial or insurance matters and whether such person has actuarial qualifications. 1. ins. by act 47 of , s. 5 w.e.f. . 2. subs. by act 41 of , s. 30 and the fifth schedule, for subsection 1 w.e.f. .

section 2ca. of the insurance act : show related subordinates 12ca. power of central government to apply provisions of this act to special economic zones.the central government may, by notification, direct that any of the provisions of this act, a shall not apply to insurer, being an indian insurance company, insurance cooperative society or a body corporate referred to in clause c of subsection 1 of section 2c, carrying on the business of insurance, in any special economic zone as defined in clause za of section 2 of the special economic zones act, 28 of or b shall apply to any insurer, being an indian insurance company, insurance cooperative society or a body corporate referred to in clause c of subsection 1 of section 2c, carrying on the business of insurance, in any special economic zone as defined in clause za of section 2 of the special economic zones act, 28 of only with such exceptions, modifications and adaptations as may be specified in the notification. 1. ins. by act 28 of , s. 57 and the third schedule w.e.f. .

section 5. of the insurance act : 1 an insurer shall not be registered by a name identical with that by which an insurer in existence is already registered, or so nearly resembling that name as to be calculated to deceive except when the insurer in existence is in the course of being dissolved and signifies his consent to the 1authority, 2 if an insurer, through inadvertence or otherwise, is without such consent as aforesaid registered by a name identical with that by which an insurer already in existence whether previously registered or not is carrying on business or so nearly resembling it as to be calculated to deceive, the firstmentioned insurer shall, if called upon to do so by the 1authority on the application of the secondmentioned insurer, change his name within a time to be fixed by the 1authority: 2 3 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . earlier it was substituted by act 47 of , s. 4, for superintendent of insurance w.e.f. . 2. the provisos omitted by act 5 of , s. 9 w.e.f. . 3. subsection 3 omitted by s. 9, ibid. w.e.f. .

section 2c. of the insurance act : 12c. prohibition of transaction of insurance business by certain persons. 1 save as hereinafter provided, no person shall, after the commencement of the insurance amendment act, 47 of , begin to carry on any class of insurance business in 2india and no insurer carrying on any class of insurance business in 2india shall after the expiry of one year from such commencement, continue to carry on any such business unless he is a a public company, or b a society registered under the cooperative societies act, 2 of , or under any other law for the time being in force in any state relating to cooperative societies, or c a body corporate incorporated under the law of any country outside 3india not being of the nature of a private company : provided that the central government may, by notification in the official gazette, exempt from the operation of this section to such extent for such period and subject to such conditions as it may specify, any person or insurer for the purpose of carrying on the business of granting superannuation allowances and annuities of the nature specified in subclause c of clause 11 of section 2 or for the purpose of carrying on any general insurance business : provided further that in the case of an insurer carrying on any general insurance business no such notification shall be issued having effect for more than three year at any one time. 4provided also that no insurer other than an indian insurance company shall begin to carry on any class of insurance business in india under this act on or after the commencement of the insurance regulatory and development authority act, 41 of . 5provided also an insurer, being an indian insurance company, insurance cooperative society or, a body corporate referred to in clause c of this subsection carrying on the business of insurance, may carry on any business of insurance in any special economic zone as defined in clause za of section 2 of the special economic zones act, 28 of . 2 every notification issued under subsection 1 shall be laid before parliament as soon as may be after it is issued. 63 notwithstanding anything contained in subsection 1, an insurance cooperative society may carry on any class of insurance business in india under this act on or after the commencement of the insurance amendment act, 42 of . 1. ins. by act 47 of , s. 6 w.e.f. . 2. subs. by act 62 of , s. 2 the schedule, for the states w.e.f. . 3. subs. by act 62 of , s. 2 the schedule, for the states w.e.f. . 4. the proviso ins. by act 41 of , s. 30 and the first schedule w.e.f. . 5. the proviso ins. by act 28 of , s. 57 and the third schedule w.e.f. . 6. ins. by act 42 of , s. 3 w.e.f. .

section 6. of the insurance act : 16. requirement as to capital.1 no insurer not being an insurer as defined in subclause d of clause 9 of section 2, carrying on the business of life insurance, general insurance, health insurance or reinsurance in india or after the commencement of the insurance regulatory and development authority act, 41 of , shall be registered unless he has, i a paidup equity capital of rupees one hundred crore, in case of a person carrying on the business of life insurance or general insurance or ii a paidup equity capital of rupees one hundred crore, in case of a person carrying on exclusively the business of health insurance or iii a paidup equity capital of rupees two hundred crore, in case of a person carrying on exclusively the business as a reinsurer: provided that the insurer, may enhance the paidup equity capital, as provided in this section in accordance with the provisions of the companies act, 18 of , the securities and exchange board of india act, 15 of and the rules, regulations or directions issued thereunder or any other law for the time being in force: provided further that in determining the paidup equity capital, any preliminary expenses incurred in the formation and registration of any insurer as may be specified by the regulations made under this act, shall be excluded. 2 no insurer, as defined in subclause d of clause 9 of section 2, shall be registered unless he has net owned funds of not less than rupees five thousand crore. 1. subs. by s. 10, ibid., for section 6 w.e.f. .

section 3. of the insurance act : 1 no 2person shall, after the commencement of this act, begin to carry on any class of insurance business in 1india and no insurer carrying on any class of insurance business in 1india shall, after the expiry of three months from the commencement of this act, continue to carry on any such business, unless he has obtained from the 3authority a certificate of registration 4for the particular class of insurance business: 5provided that in the case of an insurer who was carrying on any class of insurance business in 1india at the commencement of this act, failure to obtain a certificate of registration in accordance with the requirements of this subclause shall not operate to invalidate any contract of insurance entered into by him if before 6such date as may be fixed in this behalf by the central government by notification in the official gazette, he has obtained that certificate. 7provided further that a person or insurer, as the case may be, carrying on any class of insurance business in india, on or before the commencement of the insurance regulatory and development authority act, , for which no registration certificate was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he had made an application for such registration within the said period of three months, till the disposal of such application: provided also that any certificate of registration, obtained immediately before the commencement of the insurance regulatory and development authority act, , shall be deemed to have been obtained from the authority in accordance with the provisions of this act. 82 every application for registration shall be made in such manner and shall be accompanied by such documents as may be specified by the regulations. 92a if, on receipt of an application for registration and after making such inquiry as he deems fit, the 3authority is satisfied that a the financial condition and the general character of management of the applicant are sound b the volume of business likely to be available to, and the capital structure and earning prospects of, the applicant will be adequate c the interests of the general public will be served if the certificate of registration is granted to the applicant in respect of the class or classes of insurance business specified in the application and d the applicant has complied with the provisions of sections 2c, 105 and 31a and has fulfilled all the requirements of this section applicable to him, the 3authority may register the applicant as an insurer and grant him a certificate of registration. 112aa the authority shall give preference to register the applicant and grant him a certificate of registration if such applicant agrees, in the form and manner as may be specified by the regulations made by the authority, to carry on the life insurance business or general insurance business for providing health cover to individuals or group of individuals. 2b where the 3authority refuses registration, shall record the reasons for such decision and shall furnish a copy thereof to the applicant. 122c any person aggrieved by the decision of the authority refusing registration may, within thirty days from the date on which a copy of the decision is received by him, appeal to the securities appellate tribunal. 13 143 in the case of any insurer having joint venture with a person having its principal place of business domiciled outside india or any insurer as defined in subclause d of clause 9 of section 2, the authority may withhold registration already made if it is satisfied that in the country in which such person has been debarred by law or practice of that country to carry on insurance business. 4 the authority may suspend or cancel the registration of an insurer either wholly or in so far as it relates to a particular class of insurance business, as the case may be, a if the insurer fails, at any time, to comply with the provisions of section 64va as to the excess of the value of his assets over the amount of his liabilities, or b if the insurer is in liquidation or is adjudged as an insolvent, or c if the business or a class of the business of the insurer has been transferred to any person or has been transferred to or amalgamated with the business of any other insurer without the approval of the authority, or d if the insurer makes default in complying with, or acts in contravention of, any requirement of this act or of any rule or any regulation or order made or, any direction issued thereunder, or e if the authority has reason to believe that any claim upon the insurer arising in india under any policy of insurance remains unpaid for three months after final judgment in regular court of law, or f if the insurer carries on any business other than insurance business or any prescribed business, or g if the insurer makes a default in complying with any direction issued or order made, as the case may be, by the authority under the insurance regulatory and development authority act, 41 of , or h if the insurer makes a default in complying with, or acts in contravention of, any requirement of the companies act, 18 of or the general insurance business nationalisation act, 57 of or the foreign exchange management act, 42 of or the prevention of money laundering act, 15 of , or i if the insurer fails to pay the annual fee required under section 3a, or j if the insurer is convicted for an offence under any law for the time being in force, or k if the insurer being a cooperative society set up under the relevant state laws or, as the case may be, the multistate cooperative societies act, 39 of , contravenes the provisions of law as may be applicable to the insurer. 5 when the authority suspends or cancels any registration under clause a, clause d, clause e, clause f, clause g or clause i of subsection 4, it shall give notice in writing to the insurer of its decision, and the decision shall take effect on such date as it may specify in that behalf in the notice, such date not being less than one month not more than two months from the date of the receipt of the notice in the ordinary course of transmission. 5a when the authority suspends or cancels any registration under clause b, c, j or k of subsection 4, the suspension or cancellation, as the case may be, shall take effect on the date on which notice of the order of suspension or cancellation is served on the insurer. 155b when a registration is cancelled the insurer shall not, after the cancellation has taken effect, enter into any new contracts of insurance, but all rights and liabilities in respect of contracts of insurance entered into by him before such cancellation takes effect shall, subject to the provisions of subsection 5d, continue as if the cancellation had not taken place. 165c where a registration is suspended or cancelled under clause a, clause d, clause e, clause f, clause g or clause i of subsection 4, the authority may at its discretion revive the registration, if the insurer within six months from the date on which the suspension or cancellation took effect complies with the provisions of section 64va as to the excess of the value of his assets over the amount of his liabilities or has had an application under subsection 4 of section 3a accepted, or satisfies the authority that no claim upon him such as is referred to in clause e of subsection 4 remains unpaid or that he has complied with any requirement of this act or the insurance regulatory and development authority act, 41 of , or of any rule or any regulation, or any order made thereunder or any direction issued under those acts, or that he has ceased to carry on any business other than insurance business or any prescribed business, as the case may be, and complies with any directions which may be given to him by the authority. 175d where 18the registration of an insurance company is cancelled under subsection 4, the 3authority may, after the expiry of six months from the date on which the cancellation took effect, apply to the court for an order to wind up the insurance company, or to wind up the affairs of the company in respect of a class of insurance business, unless the registration of the insurance company has been revived under subsection 5c or an application for winding up the company has been already presented to the court. the court may proceed as if an application under this subsection were an application under subsection 2 of section 53, or subsection 1 of section 58, as the case may be. 195e the authority may, by order, suspend or cancel any registration in such manner as may be determined by the regulations made by it: provided that no order under this subsection shall be made unless the person concerned has been given a reasonable opportunity of being heard. 20 217 the authority may, on payment of such fee, not exceeding five thousand rupees, as may be determined by the regulations, issue a duplicate certificate of registration to replace a certificate lost, destroyed or mutilated, or in any other case where the authority is of opinion that the issue of duplicate certificate is necessary. 1. subs. by act 62 of , s. 2 the schedule, for the states w.e.f. . 2. subs. by act 20 of , s. 3, for insurer w.e.f. . 3. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 4. ins. by act 6 of , s. 3 w.e.f. . 5. the proviso added by act 20 of , s. 3 w.e.f. . 6. subs. by act 13 of , s. 3, for such date as may be fixed in this behalf by the central government by notification in the official gazette w.e.f. . 7. the proviso ins. by act 41 of , s. 30 and the first schedule w.e.f. . 8. subs. by act 5 of , s. 6, for subsection 2 w.e.f. . 9. ins. by act 32 of , s. 2 w.e.f. . 10. subs. by act 5 of , s. 6, for 5, 31a and 32 w.e.f. . 11. ins. by act 41 of , s. 30 and the first schedule w.e.f. . 12. subs. by act 5 of , s. 6, for subsection 2c w.e.f. . 13. subsection 2d omitted by s. 6, ibid. w.e.f. . 14. subs. by s. 6, ibid., for subsections 3, 4, 5 and 5a w.e.f. . 15. ins. by act 20 of , s. 3. 16. subs. by act 5 of , s. 6, for subsection 5c w.e.f. . 17. ins. by act 20 of , s. 3. 18. subs. by act 6 of , s. 3, for certain words w.e.f. . 19. ins. by s. 30 and the first schedule, ibid. w.e.f. . 20. subsection 6 omitted by act 32 of , s. 2 w.e.f. . 21. subs. by act 41 of , s. 30 and the first schedule, for subsection 7 .

section 3a. of the insurance act : 13a. payment of annual fee by insurer. 1 an insurer who has been granted a certificate of registration under section 3 shall pay such annual fee to the authority in such manner as may be specified by the regulations. 2 any failure to deposit the annual fee shall render the certificate of registration liable to be cancelled. 1. subs. by act 5 of , s. 7, for section 3a w.e.f. .

section 6a. of the insurance act : 16a. requirements as to capital structure and voting rights and maintenance of registers of beneficial owners of shares. 21 no public company limited by shares having its registered office in india, shall carry on life insurance business or general insurance business or health insurance business or reinsurance business, unless it satisfies the following conditions, namely: i that the capital of the company shall consist of equity shares each having a single face value and such other form of capital, as may be specified by the regulations ii that the voting rights of shareholders are restricted to equity shares iii that, except during any period not exceeding one year allowed by the company for payment of calls on shares, the paidup amount is the same for all shares, whether existing or new: provided that the conditions specified in this subsection shall not apply to a public company which has, before the commencement of the insurance amendment act, 47 of , issued any shares other than ordinary shares each of which has a single face value or any shares, the paidup amount whereof is not the same for all of them for a period of three years from such commencement. 2 notwithstanding anything to the contrary contained in any law for the time being in force or in the memorandum or articles of association but subject to the other provisions contained in this section the voting right of every shareholder of any public company as aforesaid shall in all cases be strictly proportionate to the paidup amount of the 3equity shares held by him. 4 54 a public company as aforesaid which carries on life insurance business, general and health insurance business and reinsurance business a shall, in addition to the register of members maintained under the companies act, 18 of , maintain a register of shares in which the name, occupation and address of the beneficial owner of each share shall be entered including any change of beneficial owner declared to it within fourteen days from the receipt of such declaration b shall not register any transfer of its shares i unless, in addition to compliance being made with the provisions of section 56 of the companies act, 18 of , the transferee furnishes a declaration in the prescribed form as to whether he proposes to hold the shares for his own benefit or as a nominee, whether jointly or severally, on behalf of others and in the latter case giving the name, occupation and address of the beneficial owner or owners, and the extent of the beneficial interest of each ii where, after the transfer, the total paidup holding of the transferee in the shares of the company is likely to exceed five per cent. of its paidup capital unless the previous approval of the authority has been obtained to the transfer iii where, the nominal value of the shares intended to be transferred by any individual, firm, group, constituents of a group, or body corporate under the same management, jointly or severally exceeds one per cent. of the paidup equity capital of the insurer, unless the previous approval of the authority has been obtained for the transfer. explanation.for the purposes of this subclause, the expressions group and same management shall have the meanings respectively assigned to them in the competition act, 12 of . 5 every person who has any interest in any share of a company referred to in subsection 4 which stands in the name of another person in the register of members of the company, shall, within thirty days from the commencement of the insurance amendment act, , or from the date on which he acquires such interest, whichever is later, make a declaration in the prescribed form which shall be countersigned by the person in whose name the shares is registered to the company declaring his interest in such share, and notwithstanding anything contained in any other law or in any contract to the contrary, a person who fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or title whatsoever in that share: provided that nothing in this subsection shall affect the right of a person who has an interest in any such share to establish in a court his right thereto, if the person, in whose name the share is registered, refuses to countersign the declaration as required by this subsection: provided further that where any share, belonging to an individual who has made any such declaration as is referred to in this subsection is held by a company in its name in pursuance of any trust or for the purpose of safe custody or collection or realisation of dividend, such individual shall, notwithstanding anything contained in the indian companies act, 7 of or in the memorandum or articles of association of the company which has issued the share, be deemed to be the holder of the said share for the purpose of exercising any voting rights under this section to the exclusion of any other person. 6 7 8 9 10 1111 the provisions of this section, 12, shall, on and from, the commencement of the insurance amendment act, , also apply to insurers carrying on general insurance business subject to the following modifications, namely: i that references in subsections 1, 3, 5 and 6 to the insurance amendment act, , shall be construed as references to the insurance amendment act, 13 14 15explanation for the purpose of this section, the holding of a person in the shares of a company shall be deemed to include i the total paidup holding in such shares held by such person in the name of others and ii if any shares of the company are held a by a public limited company, of which such person is a member holding more than ten per cent of the paidup capital, or b by a private limited company, of which such person is a member, or c by a company, of which such person is a managing director, manager, 16 or in which he has a controlling interest, or d by a firm in which such person is a partner, or e by such person jointly with others, such part of the total paidup holding of the company or firm or of the total joint holding in those shares, as is proportionate to the contribution made by such person to the paidup capital of the company, the paidup capital of the firm or the joint holding, as the case may be. 17 1. ins. by act 47 of , s. 9 w.e.f. . 2. subs. by act 5 of , s. 11, for subsection 1 w.e.f. . 3. ins. by act 5 of , s. 11 w.e.f. . 4. subssection 3 omitted by s. 11, ibid. w.e.f. . 5. subs. by s. 11, ibid., for subsection 4 w.e.f. . 6. subsection 6 omitted by 5 of , s. 11 w.e.f. . 7. subsection 7 omitted by s. 11, ibid. w.e.f. . 8. subsection 8 omitted by s. 11, ibid. w.e.f. . 9. subsection 9 omitted by s. 11, ibid. w.e.f. . 10. subsection 10 omitted by s. 11, ibid. w.e.f. . 11. ins. by act 62 of , s. 4 w.e.f. . 12. the words, brackets and figures except those of subsections 7, 8 and 9 omitted by act 5 of , s. 11 w.e.f. . 13. the word and omitted by s. 11, ibid. w.e.f. . 14. clause ii omitted by s. 11, ibid. w.e.f. . 15. subs. by act 41 of , s. 30 and the first schedule, for explanation 1 w.e.f.. 16. the words managing agent omitted by act 5 of , s. 11 w.e.f. . 17. explanation 2 omitted by act 41 of , s. 30 and the first schedule w.e.f. .

section 6b. of the insurance act : 1 for the purpose of enabling any public company carrying on 1life or general or health insurance or reinsurance business to bring its capital structure into conformity with the requirements of section 6a, an officer appointed on this behalf by the 2authority may, notwithstanding anything contained in the indian companies act, 7 of : a examine any scheme proposed for the purpose aforesaid by the directors of the company: provided that i the scheme has been placed before a meeting of the share holders for their opinion and has been forwarded to the officer together with the opinion of the shareholders thereon, and ii the scheme does not involve any diminution of the liability of the shareholders in respect of unpaidup share capital b invite objections and suggestions in respect of the scheme so proposed and c after considering such objections and suggestions to the scheme so proposed, sanction it with such modifications as he may consider necessary or desirable. 2 any shareholder or other person aggrieved by the decision of the officer sanctioning a scheme under subsection 1 may, within ninety days of date of the order sanctioning the scheme, prefer an appeal to the 3securities appellate tribunal within whose jurisdiction the registered office of the insurer is situate for the purpose of modifying or correcting any such scheme for the purpose specified in subsection 1. 3 the decision of the 4securities appellate tribunal where an appeal has been preferred to it under subsection 2, or of the officer aforesaid where no such appeal has been preferred, shall be final and binding on all the shareholders and other persons concerned. 5 1. subs. by s. 13, ibid., for life insurance business w.e.f. . 2. subs. by s. 13, ibid., for central government w.e.f. . 3. subs. by s. 13, ibid., for high court w.e.f. . 4. subs. by act 5 of , s. 13, for high court w.e.f. . 5. subsection 4 omitted by act 5 of , s. 13 w.e.f. .

section 3b. of the insurance act : 23b. certification of soundness of terms of life insurance business. if, when considering an application for registration under section 3 or at any other time, it appears to the 1authority that the assured rates, advantages, terms and conditions offered or to be offered in connection with life insurance business are in any respect not workable or sound, it may require that a statement thereof shall be submitted to an actuary appointed by the insurer for the purpose and approved by the 1authority, and may by order in writing further require the insurer to make within such time as may be specified in the order such modifications in the said rates, advantages, terms or conditions, as the case may be, as the said actuary may report to be necessary to enable him to certify that the said rates, advantages, terms and conditions are workable and sound. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. ins. by act 6 of , s. 4 w.e.f. .

section 7.. of the insurance act : deposits. omitted by s. 14, ibid. w.e.f. .

section 4. of the insurance act : 14. minimum limits for annuities and other benefits secured by policies of life insurance. the insurer shall pay or undertake to pay on any policy of life insurance or a group policy issued, a minimum annuity and other benefits as may be determined by regulations excluding any profit or bonus provided that this shall not prevent an insurer from converting any policy into a paidup policy of any value or payment of surrender value of any amount. 1. subs. by act 5 of , s. 8, for section 4 w.e.f. .

section 9.. of the insurance act : refund of deposit. omitted by, s. 14, ibid. w.e.f. .

section 11. of the insurance act : 111. accounts and balancesheet. 1 every insurer, on or after the date of the commencement of the insurance laws amendment act, 5 of , in respect of insurance business transacted by him and in respect of his shareholders funds, shall, at the expiration of each financial year, prepare with reference to that year, balance sheet, a profit and loss account, a separate account of receipts and payments, a revenue account in accordance with the regulations as may be specified. 2 every insurer shall keep separate accounts relating to funds of shareholders and policyholders. 3 unless the insurer is a company as defined in clause 20 of section 2 of the companies act, 18 of , the accounts and statements referred to in subsection 1 shall be signed by the insurer, or in the case of a company by the chairman, if any, and two directors and the principal officer of the company, or in case of an insurance cooperative society by the person in charge of the society and shall be accompanied by a statement containing the names, descriptions and occupations of, and the directorships held by, the persons in charge of the management of the business during the period to which such accounts and statements refer and by a report on the affairs of the business during that period. 1. subs. by act 5 of , s. 16, for section 11 w.e.f. .

section 6aa.. of the insurance act : manner of divesting excess shareholding by promoter in certain cases. omitted by the insurance laws amendment act, 5 of , s. 12 w.e.f. .

section 6c.. of the insurance act : conversion of company limited by shares into company limited by guarantee. omitted by the insurance laws amendment act, 5 of , s. 14 w.e.f. .

section 14. of the insurance act : 114. record of policies and claims.1 every insurer, in respect of all business transacted by him, shall maintain a a record of policies, in which shall be entered, in respect of every policy issued by the insurer, the name and address of the policyholder, the date when the policy was effected and a record of any transfer, assignment or nomination of which the insurer has notice b a record of claims, every claim made together with the date of the claim, the name and address of the claimant and the date on which the claim was discharged, or, in the case of a claim which is rejected, the date of rejection and the grounds thereof and c a record of policies and claims in accordance with clauses a and b may be maintained in any such form, including electronic mode, as may be specified by the regulations made under this act. 2 every insurer shall, in respect of all business transacted by him, endeavour to issue policies above a specified threshold in terms of sum assured and premium in electronic form, in the manner and form to be specified by the regulations made under this act. 1. subs. by act 5 of , s. 19 for section 14 w.e.f. .

section 8.. of the insurance act : reservation of deposits.omitted by s. 14, ibid. w.e.f. .

section 10. of the insurance act : 1 where the insurer carries on business of more than one of the 1following classes, namely, life insurance, fire insurance, marine insurance or miscellaneous insurance, he shall keep a separate account of all receipts and payments in respect of each such class of insurance business 2and where the insurer carries on business of 3miscellaneous insurance whether alone or in conjunction with business of another class, he shall, unless the 4authority waives this requirement in writing, keep a separate account of all receipts and payments in respect of 5each of such subclasses of miscellaneous insurance business as may be 6specified by the regulations: provided that no subclass of 7miscellaneous insurance business shall be prescribed under this subsection if the insurance business comprised in the subclass consist of insurance contracts which are terminable by the insurer at intervals not exceeding twelve months and under which, if a claim arises, the insurers liability to pay benefit ceases within one year of the date on which the claim arose. 2 where the insurer carries on the business of life insurance 8all receipts due in respect of such business, shall be carried to and shall form a separate fund to be called the life insurance fund 9the assets of which shall, 10, be kept distinct and separate from all other assets of the insurer and the deposit made by the insurer in respect of life insurance business shall be deemed to be 11part of the assets of such fund 12and every insurer shall, within the time limited in subsection 1 of section 15 in regard to the furnishing of the statements and accounts referred to in section 11, furnish to the controller a statement showing in detail such assets as at the close of every calendar year duly certified by an auditor or by a person qualified to audit 13: provided that such statement shall, in the case of an insurer to whom section 11 applies, be set out as a part of the balancesheet mentioned in clause a of subsection i of that section: provided further that an insurer may show in such statement all the assets held in his life department, but at the same time showing any deductions on account of general reserves and other liabilities of that department: provided also that the 14authority may call for a statement similarly certified of such assets as at any other date specified by him to be furnished within a period of three months from the date with reference to which the statement is called for. 152a no insurer carrying on life insurance business shall be entitled to be registered for any class of insurance business in addition to the class or classes for which he has been already registered unless the 14authority is satisfied that the assets of the life insurance fund of the insurer are adequate to meet all his liabilities on policies of life insurance maturing for payment. 162aa where the insurer carries on the business of insurance, all receipts due in respect of each subclass of such insurance business shall be carried to and shall form a separate fund, the assets of which shall be kept separate and distinct from other assets of the insurer and every insurer shall submit to the authority the necessary details of such funds as may be required by the authority from time to time and such funds shall not be applied directly or indirectly, save as expressly permitted under this act or regulations made thereunder. 3 the life insurance fund shall be as absolutely the security of the life policyholders as though it belonged to an insurer carrying on no other business than life insurance business and shall not be liable for any contracts of the insurer for which it would not have been liable had the business of the insurer been only that of life insurance and shall not be applied directly or indirectly 17 for any purposes 18other than those of the life insurance business of the insurer. 1. subs. by act 62 of , s. 8, for classes specified in clause a, b, c and d of subsection 1 of section 7 w.e.f. . 2. subsection 1 added by act 13 of , s. 8 w.e.f. . 3. subs. by act 62 of , s. 8, for the class specified in clause d of that subsection w.e.f. . 4. subs. by act 41of , s. 30 and the first schedule, for controller w.e.f. . 5. subs. by act 62 of , s. 8, for each such subclass of the class specified in clause d w.e.f. . 6. subs. by act 5 of , s. 15, for prescribed in this behalf w.e.f. . 7. subs. by act 62 of , s. 8, for the class of insurance business specified in clause d of subsection 1 of section 7 w.e.f. . 8. subs. by act 13 of , s. 8, for the excess of receipts over payments in respect of such business w.e.f. . 9. ins. by act 6 of , s. 8 w.e.f. . 10. the words, brackets and figures, after the expiry of six months from the commencement of the insurance amendment act, 6 of omitted by act 5 of , s. 15 w.e.f. . 11. subs. by act 6 of , s. 8, for part of such fund w.e.f. . 12. subs. by act 47 of , s. 11, for certain words w.e.f. . 13. the words under the law of the insures country omitted by act 5 of , s. 15 w.e.f. . 14. subs. by act 41of , s. 30 and the first schedule, for controller w.e.f. . 15. ins. by act 6 of , s. 8 w.e.f. . 16. ins. by act 5 of , s. 15 w.e.f. . 17. the words save as provided in section 49 omitted by act 13 of , s. 8 w.e.f. . 18. subs. by s. 8, ibid., for other than those of life insurance w.e.f. .

section 12. of the insurance act : 112. audit. the balance sheet, profit and loss account, revenue account and profit and loss appropriation account of every insurer, in respect of all insurance business transacted by him, shall, unless they are subject to audit under the companies act, 18 of , be audited annually by an auditor, and the auditor shall in the audit of all such accounts have the powers of, exercise the functions vested in, and discharge the duties and be subject to the liabilities and penalties imposed on, auditors of companies by section 147 of the companies act, . 1. subs. by act 5 of , s. 17, for section 12 w.e.f. .

section 13. of the insurance act : 11 every insurer carrying on life insurance business shall, once at least every year cause an investigation to be made by an actuary into the financial condition of the life insurance business carried on by him, including a valuation of his liabilities in respect thereto and shall cause an abstract of the report of such actuary to be made in accordance with the regulations: provided that the authority may, having regard to the circumstances of any particular insurer, allow him to have the investigation made as at a date not later than two years from the date as at which the previous investigation was made: provided further that every insurer, on or after the commencement of the insurance regulatory and development authority act, 41 of , shall cause an abstract of the report of the actuary to be made in such manner as may be specified by the regulations. 2 the provisions of subsection 1 regarding the making of an abstract shall apply whenever at any other time an investigation into the financial condition of the insurer is made with a view to the distribution of profits or an investigation is made of which the results are made public. 3 there shall be appended to every such abstract as is referred to in subsection 1 or subsection 2 a certificate signed by the principal officer of the insurer that full and accurate particulars of every policy under which there is a liability either actual or contingent have been furnished to the actuary for the purpose of the investigation. 24 there shall be appended to every such abstract a statement prepared in such form and in such manner as may be specified by the regulations: provided that, if the investigation referred to in subsections 1 and 2 is made annually by any insurer, the statement need not be appended every year but shall be appended at least once in every three years. 5 where an investigation into the financial condition of an insurer is made as at a date other than the expiration of the year of account, the accounts for the period since the expiration of the last year of account and the balancesheet as at the date at which the investigation is made shall be prepared and audited in the manner provided by this act. 36 the provisions of this section relating to the life insurance business shall apply also to any such subclass of insurance business included in the class miscellaneous insurance and the authority may authorise such modifications and variations of regulations as may be necessary to facilitate their application to any such subclass of insurance business: provided that, if the authority is satisfied that the number and amount of the transactions carried out by an insurer in any such subclass of insurance business is so small as to render periodic investigation and valuation unnecessary, it may exempt that insurer from the operation of this subsection in respect of that subclass of insurance business. 1. subs. by s. 18, ibid., for subsection 1 w.e.f. . 2. subs. by s. 18, ibid., for subsection 4 w.e.f. . 3. subs. by s. 18, ibid., for subsection 6 w.e.f.

section 15. of the insurance act : 115. submission of returns.1 the audited accounts and statements referred to in section 11 or subsection 5 of section 13 and the abstract and statement referred to in section 13 shall be printed, and four copies thereof shall be furnished as returns to the authority within six months from the end of the period to which they refer. 2 of the four copies so furnished, one shall be signed in the case of a company by the chairman and two directors and by the principal officer of the company and, if the company has a managing director by that managing director and one shall be signed by the auditor who made the audit or the actuary who made the valuation, as the case may be. 1. subs. by s. 20, ibid., for section 15 w.e.f. .

section 16.. of the insurance act : returns by insurers established outside india.omitted by the insurance laws amendment act, 5 of , s. 21 w.e.f. .

section 17.. of the insurance act : exemption from certain provisions of the indian companies act, .omitted by s. 21, ibid. w.e.f. . .e.f. .

section 17a.. of the insurance act : this act not to apply to preparation of accounts, etc., for periods prior to this act coming into force. omitted by s. 21, ibid. w.e.f. .

section 18. of the insurance act : every insurer shall furnish to the 1authority a certified copy of every report on the affairs of the concern which is submitted to the members or policyholders of the insurer immediately after its submission to the members or policyholders, as the case may be. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 21. of the insurance act : 21. powers of 2authority regarding returns. 1 if it appears to the 5authority that any return furnished to him under the provisions of this act is inaccurate or defective in any respect, he may a require from the insurer such further information, certified if he so directs by an auditor or actuary, as he may consider necessary to correct or supplement such return b call upon the insurer to submit for his examination at the principal place of business of the insurer in 1india any book of account, register or other document or to supply any statement which his may specify in a notice served on the insurer for the purpose c examine any office of the insurer on oath in relation to the return d decline to accept any such return unless the inaccuracy has been corrected or the deficiency has been supplied before the expiry of one month from the date on which the requisition asking for correction of he inaccuracy or supply of the deficiency was delivered to the insurer 3or of such further time as the 2authority may specify in the requisition and if him declines to accept any such return, the insurer shall be deemed to have failed to comply with the provisions of section 15 4 5or section 28 6or section 28a 7 or section 28b or section 64v relating to the furnishing of returns. 82 the securities appellate tribunal may, on the application of an insurer and after hearing the authority, cancel any order made by the authority under clause d of subsection 1 or may direct the acceptance of such a return which the authority has declined to accept, if the insurer satisfies the tribunal that the action of the authority was in the circumstances unreasonable: provided that no application under this subsection shall be entertained unless it is made before the expiration of four months from the date when the authority made the order or declined to accept the return. 1. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 2. subs. by act 41 of , s. 30 and the schedule, for controller w.e.f. . 3. ins. by act 47 of , s. 15 w.e.f. . 4. the words and figures or section 16 omitted by act 5 of , s. 24 w.e.f. . 5. ins. by act 6 of , s. 13 w.e.f. . 6. ins. by act 47of , s. 15 w.e.f. . 7. ins. by act 6 of , s. 10 w.e.f. . 8. subs. by act 5 of , s. 24 w.e.f. .

section 22. of the insurance act : 22. power of 1authority to order revaluation. 21 if it appears to the 1authority that an investigation or valuation to which section 13 refers 3 does not properly indicate the condition of the affairs of the insurer by reason of the faulty basis adopted in the valuation, he may, after giving notice to the insurer and giving him an opportunity to be heard, cause an investigation and valuation 4as at such date as the 1authority may specify to be made at the expense of the insurer by an actuary appointed by the insurer for this purpose and approved by the 1authority and 4and the insurer shall place at the disposal of the actuary so appointed and approved all the material required by the actuary for the purposes of the investigation and valuation within such period, not being less than three months, as the 1authority may specify, 52 the provisions of subsections 1 and 4 of section 13, and of subsections i and 2 of section 6, shall apply in relation to an investigation and valuation under this section: provided that the abstract and statement prepared as the result of such investigation and valuation shall be furnished by such date as the 1authority may specify. 1. subs. by act 41 of , s. 30 and the schedule, for controller w.e.f. . 2. section 22 renumbered as subsection 1 thereof by act 6 of , s. 14 w.e.f. . 3. the words, brackets, letter and figures or an abstract of a valuation report furnished under clause c of subsection 2 of section 16 omitted by act 5 of s. 25 w.e.f. . 4. ins. by act 6 of , s. 14 w.e.f. . 5. added by s. 14, ibid., w.e.f. . 6. the words, brackets, letter and figures or, as the case may be, of subsection 2 of section 16 omitted by act 5 of , s. 25 w.e.f. .

section 19. of the insurance act : every insurer, being a company or body incorporated under any law for the time being in force in 2india, shall furnish to the 1authority 3a certified copy of the minutes of the proceedings of every general meeting, as entered in the minutes book of the insurer within thirty days from the holding of the meeting to which it relates. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 3. subs by act 47 of , s. 14, for an abstract of the proceedings of every general meeting w.e.f. .

section 20. of the insurance act : 11 every return furnished to the authority or certified copy thereof shall be kept by the authority and shall be open to inspection and any person may procure a copy of any such return, or of any part thereof, on payment of such fee as may be specified by the regulations. 2 a printed or certified copy of the accounts, statements and abstract furnished in accordance with the provisions of section 15 2 shall, on the application of any shareholder or policyholder made at any time within two years from the date on which the documents was so furnished, be supplied to him by the insurer within fourteen days when the insurer is constituted, incorporated or domiciled in 3india and in any other case within one month of such application. 3 a copy of the memorandum and articles of association of the insurer, if a company shall on the application of any policyholder, be supplied to him by the insurer on payment of 4such fee as may be specified by the regulations. 1. subs. by act 5 of , s. 23, for subsection 1 w.e.f. . 2. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 3. subs. by 5 of , s. 23, for one rupee w.e.f. .

section 23. of the insurance act : 1 every return furnished to the 1authority which has been certified by the 1authority to be a return so furnished, shall be deemed to be a return so furnished. 2 every document, purporting to be certified by the 1authority to be a copy of a return so furnished, shall be deemed to be a copy of that return and shall be received in evidence as if it were the original return, unless some variation between it and the original return is proved. 1. subs. by act 41 of , s. 30 and the schedule, for controller w.e.f. .

section 27c. of the insurance act : an insurer may invest not more than five per cent. in aggregate of his controlled fund or assets as referred to in subsection 2 of section 27 in the companies belonging to the promoters, subject to such conditions as may be specified by the regulations.

section 24.. of the insurance act : summary of returns to be published.omitted by the insurance amendment act, 13 of , s. 16 w.e.f. .

section 25. of the insurance act : no insurer shall publish in 2india any return in a form other than that in which it has been furnished to the 1authority: provided that nothing contained in this section shall prevent an insurer from publishing a true and accurate abstract from such returns for the purposes of publicity. 1. subs. by act 41 of , s. 30 and the schedule, for controller w.e.f. . 2. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. .

section 26. of the insurance act : whenever any alteration occurs or is made which affects any of the matters which are required under the provisions of subsection 2 of section 3 to accompany an application by an insurer for registration, the insurer shall forthwith furnish to the 1authority full particulars of such alteration. 2all such particulars shall be authenticated in the manner required by that subsection for the authentication of the matters therein referred to, and, where the alteration affects the assured rates, advantages, terms and conditions offered in connection with life insurance policies the actuarial certificate referred to in clause f of the said subsection shall accompany the particulars of the alteration. 1. subs. by act 41 of , s. 30 and the schedule, for controller w.e.f. . 2. added by act 13 of , s. 17 w.e.f. .

section 27. of the insurance act : 127. investment of assets. 1 every insurer shall invest and at all times keep invested assets equivalent to not less than the sum of a the amount of his liabilities to holders of life insurance policies in india on account of matured claims, and b the amount required to meet the liability on policies of life insurance maturing for payment in india, less i the amount of premiums which have fallen due to the insurer on such policies but have not been paid and the days of grace for payment of which have not expired, and ii any amount due to the insurer for loans granted on and within the surrender values of policies of life insurance maturing for payment in india issued by him or by an insurer whose business he has acquired and in respect of which he has assumed liability in the following manner, namely: a twentyfive per cent. of the said sum in government securities, a further sum equal to not less than twentyfive per cent. of the said sum in government securities or other approved securities and b the balance in any of the approved investments, as may be specified by the regulations subject to the limitations, conditions and restrictions specified therein. 2 in the case of an insurer carrying on general insurance business, twenty per cent. of the assets in government securities, a further sum equal to not less than ten per cent. of the assets in government securities or other approved securities and the balance in any other investment in accordance with the regulations of the authority and subject to such limitations, conditions and restrictions as may be specified by the authority in this regard. explanation. in this section, the term assets means all the assets of insurer at their carrying value but does not include any assets specifically held against any fund or portion thereof in respect of which the authority is satisfied that such fund or portion thereof, as the case may be, is regulated by the law of any country outside india or miscellaneous expenditure or in respect of which the authority is satisfied that it would not be in the interest of the insurer to apply the provisions of this section. 3 for the purposes of subsections 1 and 2, any specified assets shall, subject to such conditions, if any, as may be specified, be deemed to be assets invested or kept invested in approved investments specified by regulations. 4 in computing the assets referred to in subsections 1 and 2, any investment made with reference to any currency other than the indian rupee which is in excess of the amount required to meet the liabilities of the insurers in india with reference to that currency, to the extent of such excess, shall not be taken into account: provided that nothing contained in this subsection shall affect the operation of subsection 2: provided further that the authority may, either generally or in any particular case, direct that any investment shall, subject to such conditions as may be imposed, be taken into account, in such manner as may be specified in computing the assets referred to in subsections 1 and 2 and where any direction has been issued under this proviso, copies thereof shall be laid before each house of parliament as soon as may be after it is issued. 5 where an insurer has accepted reinsurance in respect of any policies of life insurance issued by another insurer and maturing for payment in india or has ceded reinsurance to another insurer in respect of any such policies issued by himself, the sum referred to in subsection 1 shall be increased by the amount of the liability involved in such acceptance and decreased by the amount of the liability involved in such cession. 6 the government securities and other approved securities in which assets are under subsection 1 or subsection 2 to be invested and kept invested shall be held by the insurer free of any encumbrance, charge, hypothecation or lien. 7 the assets required by this section to be held invested by an insurer incorporated or domiciled outside india shall, except to the extent of any part thereof which consists of foreign assets held outside india, be held in india and all such assets shall be held in trust for the discharge of the liabilities of the nature referred to in subsection 1 and shall be vested in trustees resident in india and approved by the authority, and the instrument of trust under this subsection shall be executed by the insurer with the approval of the authority and shall define the manner in which alone the subjectmatter of the trust shall be dealt with. 2 1. subs. by act 5 of , s. 26, for sections 27, 27a, 27b, 27c and 27d w.e.f. . 2. explanation omitted by act 6 of , s. 3 w.e.f. .

section 27a. of the insurance act : 1 no insurer carrying on life insurance business shall invest or keep invested any part of his controlled fund and no insurer carrying on general business shall invest or keep invested any part of his assets otherwise than in any of the approved investments as may be specified by the regulations subject to such limitations, conditions and restrictions therein. 2 notwithstanding anything contained in subsection 1 or subsection 2 of section 27, an insurer may, subject to the provisions contained in the next succeeding subsections, invest or keep invested any part of his controlled fund or assets otherwise than in an approved investment, if i after such investment, the total amounts of all such investments of the insurer do not exceed fifteen per cent. of the sum referred to in subsection 1 of section 27 or fifteen per cent. of the assets referred to in subsection 2 as the case may be ii the investment is made, or, in the case of any investment already made, the continuance of such investment is with the consent of all the directors present at a meeting and eligible to vote, special notice of which has been given to all the directors then in india, and all such investments, including investments in which any director is interested, are reported without delay to the authority with full details of the investments and the extent of the directors interest in any such investment. 3 an insurer shall not out of his controlled fund or assets as referred to in section 27, a invest in the shares of any one banking company or b invest in the shares or debentures of any one company, more than the percentage specified by the regulations. 4 an insurer shall not out of his controlled fund or assets as referred to in subsection 2 of section 27 invest or keep invested in the shares or debentures of any private limited company. 5 all assets forming the controlled fund or assets as referred to in subsection 2 of section 27, not being government securities or other approved securities in which assets are to be invested or held invested in accordance with this section, shall except for a part thereof not exceeding onetenth of the controlled fund or assets as referred to in subsection 2 thereof in value which may, subject to such conditions and restrictions as may be prescribed, be offered as security for any loan taken for purposes of any investment, be held free of any encumbrance, charge, hypothecation or lien. 6 if at any time the authority considers any one or more of the investments of an insurer to be unsuitable or undesirable, the authority may, after giving the insurer an opportunity of being heard, direct him to realise the investment or investments, and the insurer shall comply with the direction within such time as may be specified in this behalf by the authority. 7 nothing contained in this section shall be deemed to affect in any way the manner in which any moneys relating to the provident fund of any employee or to any security taken from any employee or other moneys of a like nature are required to be held by or under any central act, or act of a state legislature. explanation. in this section controlled fund means a in the case of any insurer carrying on life insurance business i all his funds, if he carries on no other class of insurance business ii all the funds in india appertaining to his life insurance business if he carries on some other class of insurance business also. explanation.for the purposes of subclauses i and ii, the fund does not include any fund or portion thereof in respect of which the authority is satisfied that such fund or portion, as the case may be, is regulated by the law in force of any country outside india or it would not be in the interest of the insurer to apply the provisions of this section b in the case of any other insurer carrying on life insurance business i all his funds in india, if he carries on no other class of insurance business ii all the funds in india appertaining to his life insurance business if he carries on some other class of insurance business also but does not include any fund or portion thereof in respect of which the authority is satisfied that such fund or portion thereof, as the case may be, is regulated by the law of any country outside india or in respect of which the authority is satisfied that it would not be in the interest of the insurer to apply the provisions of this section.

section 27b. of the insurance act : 1 all assets of an insurer carrying on general insurance business shall, subject to such conditions, if any, as may be prescribed, be deemed to be assets invested or kept invested in approved investments specified in section 27. 2 all assets shall except for a part thereof not exceeding onetenth of the total assets in value which may subject to such conditions and restrictions as may be prescribed, be offered as security for any loan taken for purposes of any investment or for payment of claims, or which may be kept as security deposit with the banks for acceptance of policies be held free of any encumbrance, charge, hypothecation or lien. 3 without prejudice to the powers conferred on the authority by subsection 5 of section 27a nothing contained in this section shall be deemed to require any insurer to realise any investment made in conformity with the provisions of subsection 1 of section 27 after the commencement of the insurance amendment act, 62 of , which, after the making thereof, has ceased to be an approved investment within the meaning of this section.

section 27d. of the insurance act : 1 without prejudice to anything contained in this section, the authority may, in the interests of the policyholders, specify by the regulations, the time, manner and other conditions of investment of assets to be held by an insurer for the purposes of this act. 2 the authority may give specific directions for the time, manner and other conditions subject to which the funds of policyholders shall be invested in the infrastructure and social sector as may be specified by the regulations and such regulations shall apply uniformly to all the insurers carrying on the business of life insurance, general insurance, or health insurance or reinsurance in india on or after the commencement of the insurance regulatory and development authority act, 41 of . 3 the authority may, after taking into account the nature of business and to protect the interests of the policyholders, issue to an insurer the directions relating to the time, manner and other conditions of investment of assets to be held by him: provided that no direction under this subsection shall be issued unless the insurer concerned has been given a reasonable opportunity of being heard.

section 27e. of the insurance act : no insurer shall directly or indirectly invest outside india the funds of the policyholders.

section 28. of the insurance act : 128. statement and return of investment of assets.every insurer shall submit to the authority returns giving details of investments made, in such form, time and manner including its authentication as may be specified by the regulations. 1. subs. by act 5 of , s. 27, for section 28, section 28a and section 28b w.e.f. .

section 29. of the insurance act : 129. prohibition of loans.1 no insurer shall grant loans or temporary advances either on hypothecation of property or on personal security or otherwise, except loans on life insurance policies issued by him within their surrender value, to any director, manager, actuary, auditor or officer of the insurer, if a company or to any other company or firm in which any such director, manager, actuary or officer holds the position of a director, manager, actuary, officer or partner: provided that nothing contained in this subsection shall apply to such loans, made by an insurer to a banking company, as may be specified by the authority: provided further that nothing in this section shall prohibit a company from granting such loans or advances to a subsidiary company or to any other company of which the company granting the loan or advance is a subsidiary company if the previous approval of the authority is obtained for such loan or advance. 2 the provisions of section 185 of the companies act, 18 of shall not apply to a loan granted to a director of an insurer being a company, if the loan is one granted on the security of a policy on which the insurer bears the risk and the policy was issued to the director on his own life, and the loan is within the surrender value of the policy. 3 subject to the provisions of subsection 1, no insurer shall grant a any loans or temporary advances either on hypothecation of property or on personal security or otherwise, except such loans as may be specified by the regulations including the loans sanctioned as part of their salary package to the fulltime employees of the insurer as per the scheme duly approved by its board of directors b temporary advances to any insurance agent to facilitate the carrying out of his functions as such except in cases where such advances do not exceed in the aggregate the renewal commission earned by him during the immediately preceding year. 4 where any event occurs giving rise to circumstances, the existence of which at the time of grant of any subsisting loan or advance would have made such grant a contravention of this section, such loan or advance shall, notwithstanding anything in any contract to the contrary, be repaid within three months from the occurrence of such event. 5 in case of default in complying with the provisions of subsection 4, the director, manager, auditor, actuary, officer or insurance agent concerned shall, without prejudice to any other penalty which he may incur, cease to hold office under, or to act for, the insurer granting the loan on the expiry of three months. 1. subs. by s. 27, ibid., for section 29 w.e.f. .

section 31b. of the insurance act : 131b. power to restrict payment of excessive remuneration. no insurer shall in respect of insurance business transacted by him, shall pay to any person by way of remuneration, whether by way of commission or otherwise in excess of such sum as may be specified by the regulations. 1. subs. by s. 32, ibid., for section 31b w.e.f. .

section 30.,for loss due to contravention of section 27,27a,27b,27c,27d or section 29. of the insurance act : 130. liability of directors, etc., for loss due to contravention of section 27, 27a, 27b, 27c, 27d or section 29.if by reason of a contravention of any of the provisions of section 27, 27a, 27b, 27c, 27d or section 29, any loss is sustained by the insurer or by the policyholders, every director, manager or officer who is knowingly a party to such contravention shall, without prejudice to any other penalty to which he may be liable under this act, be jointly and severally liable to make good the amount of such loss. 1. subs. by act 5 of , s. 29, for section 30 w.e.f. .

section 31. of the insurance act : 1 1 none of the assets in india of any insurer shall, except in so far as assets are required to be vested in trustees under subsection 7 of section 27, be kept otherwise than in the name of a public officer approved by the authority, or in the corporate name of the undertaking, if a company or an insurance cooperative society, as the case may be. 22 nothing contained in this section shall be deemed to prohibit the endorsement in favour of a banking company of any security or other document solely for the purpose of collection or for realisation of interest, bonus or dividend. 1 subs. by s. 30, ibid., for subsection 1 w.e.f. . 2 subs. by act 47 of , s. 22, for subsection 2 w.e.f. . earlier ins. by act 6 of , s. 18 w.e.f. .

section 31a. of the insurance act : 131a. provisions relating to managers, etc.1 notwithstanding anything to the contrary contained in 2the companies act, 18 of , or in the articles of association of the insurer, if a company, or in any contract or agreement, no insurer shall after expiry of one year from the commencement of the insurance amendment act, 47 of , a be directed or managed by, or employ as manager or officer, b be directed or managed by, or employ as manager or officer or in any capacity, any person whose remuneration or any part thereof takes the form of commission or bonus or a share in the valuation surplus in respect of the life insurance business of the insurer, or c be directed or managed by, or employ as manager or officer or in any capacity, any person whose remuneration or any part thereof takes the form of commission or bonus in respect of the general insurance business of the insurer: provided that nothing in this subsection shall be deemed to prohibit 3i the payment of commission to an insurance agent, in respect of insurance business procured by or through him 4 iv the employment of any individual in a clerical or other subordinate capacity who, as an insurance agent, receives commission in respect of insurance business procured by him v the employment as an officer of any individual who receives renewal commission in respect of life insurance business procured by hi m in hi s capacity as an insurance agent or as an employer of agents before such employment, or before the commencement of the insurance amendment act, 47 of , whichever is later vi the payment of a share in the profits of general insurance business vii the payment of bonus in any year on a uniform basis to all salaried employees or any class of them by way of additional remuneration 5. 2 notwithstanding anything to the contrary contained in the indian companies act, 7 of , or in the articles of association of the insurer, being a company, or in any contract or agreement, no manager, managing director or any other person concerned in the management of an insurers business shall be entitled to nominate a successor to hi s office, and no person so nominated, whether before or after the commencement of the insurance amendment act, 47 of , shall be entitled to hold or to continue in such office. 3 if in the case of any insurance company provision is made by the articles of association of the company or by an agreement entered into between any person and the company for empowering a director or manager or other officer of the company to assign hi s office to any other person, any assignment of office made in pursuance of the said provision, shall, notwithstanding anything to the contrary contained in the said provision 6or in any other law for the time being in force be void. 4 no person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any provision of this section. 1. ins. by act 47 of , s. 23 w.e.f. . 2. subs. by act 5 of , s. 2, for the indian companies act, 7 of w.e.f. . 3. subs. by s. 31, ibid., for subclause i and ii w.e.f. . 4. clause iii omitted by act 5 of , s. 31 w.e.f. . 5. certain words omitted by act 62 of , s. 14. 6. subs. by act 5 of , s. 31 for or in section 86b of the indian companies act, 7 of w.e.f. .

section 32.. of the insurance act : limitation on employment of managing agents and on the remuneration payable to them. omitted by the insurance laws amendment act, 5 of , s. 33 w.e.f. .

section 34. of the insurance act : 134. power of the 2authority to issue directions. 1 where the 2authority is satisfied that a in the public interest or b to prevent the affairs of any insurer being conducted in a manner detrimental to the interests of the policyholders or in a manner prejudicial to the interests of the insurer or c generally to secure the proper management of any insurer, it is necessary to issue directions to insurers generally or to any insurer in particular, he may, from time to time, issue such directions as he deems fit, and the insurers or the insurer, as the case may be, shall be bound to comply with such directions: provided that no such direction shall be issued to any insurer in particular unless such insurer has been given a reasonable opportunity of being heard. 2 the 2authority may, on representation made to him or on his own motion, modify or cancel any direction issued under subsection 1, and in so modifying or cancelling any direction, may impose such conditions as he thinks fit, subject to which the modification or cancellation shall have effect. 1. ins. by act 62 of , s. 16 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 32a. of the insurance act : 132a. prohibition of common officers and requirement as to wholetime officers. 1 a managing director or other officer of an insurer 2 carrying on life insurance business shall not be a managing director or other officer of any other insurer carrying on life insurance business or of a banking company or of an investment company: provided that the 3authority may permit such managing director or other officer to be a managing director or other officer of any other insurer carrying on life insurance business for the purpose of amalgamating the business of the two insurers or transferring the business of one insurer to the other. 4 1. ins. by act 47 of , s. 24 w.e.f. . 2. the words, brackets, letter and figures specified in subclause b of clause 9 of section 2 and, omitted by act 5 of , s. 34 w.e.f. . 3. subs. by act 41 of , s. 30 and the first schedule, for central government w.e.f. . 4. subsections 2 and 3 omitted by act 5 of , s. 34 w.e.f. .

section 32b. of the insurance act : 132b. insurance business in 2rural and social sectors.every insurer shall, after the commencement of the insurance regulatory and development authority act, , undertake such percentages of life insurance business and general insurance business in the 2rural and social sectors, as may by specified, in the official gazette by the authority, in this behalf. 1. ins. by act 41 of , s. 30 and the first schedule w.e.f. . 2. subs. by act 5 of , s. 35, for rural or social sector w.e.f. .

section 32c. of the insurance act : 132c. obligations of insurer in respect of rural or unorganised sector and backward classes. every insurer shall, after the commencement of the insurance regulatory and development authority act, , discharge the obligations specified under section 32b to provide life insurance or general insurance policies to the persons residing in the rural sector, workers in the unorganised or informal sector or for economically vulnerable or backward classes of the society and other categories of persons as may specified by regulations made by the authority and such insurance policies shall include insurance for crops. 1. ins. by act 41 of , s. 30 and the first schedule w.e.f. .

section 32d. of the insurance act : 132d. obligation of insurer in respect of insurance business in third party risks of motor vehicles. every insurer carrying on general insurance business shall, after the commencement of the insurance laws amendment act, 5 of , underwrite such minimum percentage of insurance business in third party risks of motor vehicles as may be specified by the regulations: provided that the authority may, by regulations, exempt any insurer who is primarily engaged in the business of health, reinsurance, agriculture, export credit guarantee, from the application of this section. 1. ins. by, s. 36, ibid. w.e.f. .

section 34d. of the insurance act : any appointment or removal of a director or executive officer in pursuance of section 34b or section 34 c shall have effect notwithstanding anything the contrary contained in the companies act, 1 of , or any other law for the time being in force or any contract or any other instrument.

section 33. of the insurance act : 1 233. power of investigation and inspection by authority. 1 the authority may, at any time, if it considers expedient to do so by order in writing, direct any person herein referred to as investigating officer specified in the order to investigate the affairs of any insurer or intermediary or insurance intermediary, as the case may be, and to report to the authority on any investigation made by such investigating officer: provided that the investigating officer may, wherever necessary, employ any auditor or actuary or both for the purpose of assisting him in any investigation under this section. 2 notwithstanding anything to the contrary contained in section 210 of the companies act, 18 of , the investigating officer may, at any time, and shall, on being directed so to do by the authority, cause an inspection to be made by one or more of his officers of the books of account of any insurer or intermediary or insurance intermediary, as the case may be, and the investigating officer shall supply to the insurer or intermediary or insurance intermediary, as the case may be, a copy of the report on such inspection. 3 it shall be the duty of every manager, managing director or other officer of the insurer including a service provider, contractor of an insurer where services are outsourced by the insurer, or intermediary or insurance intermediary, as the case may be, to produce before the investigating officer directed to make the investigation under subsection 1, or inspection under subsection 2, all such books of account, registers, other documents and the database in his custody or power and to furnish him with any statement and information relating to the affairs of the insurer or intermediary or insurance intermediary, as the case may be, as the investigating officer may require of him within such time as the said investigating officer may specify. 4 any investigating officer, directed to make an investigation under subsection 1, or inspection under subsection 2, may examine on oath, any manager, managing director or other officer of the insurer including a service provider or contractor where the services are outsourced by the insurer or intermediary or insurance intermediary, as the case may be, in relation to his business. 5 the investigating officer shall, if he has been directed by the authority to cause an inspection to be made, make a report to the authority on such inspection. 6 on receipt of any report under subsection 1 or subsection 5, the authority may, after giving such opportunity to the insurer or intermediary or insurance intermediary, as the case may be, to make a representation in connection with the report as, in the opinion of the authority, seems reasonable, by order in writing, a require the insurer, to take such action in respect of any matter arising out of the report as the authority may think fit or b cancel the registration of the insurer or intermediary or insurance intermediary, as the case may be or c direct any person to apply to the court for the winding up of the insurer or intermediary or insurance intermediary, as the case may be, if it is a company, whether the registration of the insurer or intermediary or insurance intermediary, as the case may be, has been cancelled under clause b or not. 7 the authority may by the regulations made by it specify the minimum information to be maintained by insurers or intermediary or insurance intermediary, as the case may be, in their books, the manner in which such information shall be maintained, the checks and other verifications to be adopted by insurers or intermediary or insurance intermediary, as the case may be, in that connection and all other matters incidental thereto as are, in its opinion, necessary to enable the investigating officer to discharge satisfactorily his functions under this section. explanation. for the purposes of this section, the expression insurer shall include in the case of an insurer incorporated in india a all its subsidiaries formed for the purpose of carrying on the business of insurance exclusively outside india and b all its branches whether situated in india or outside india. 8 any insurer or intermediary or insurance intermediary aggrieved by any order made under this section may prefer an appeal to the securities appellate tribunal. 9 all expenses of, and incidental to, any investigation made under this section shall be defrayed by the insurer or intermediary or insurance intermediary, as the case may be, shall have priority over the debts due from the insurer and shall be recoverable as an arrear of land revenue. 1. subs. by act 25 of , s. 3 and the second schedule, for inspection. 2. subs. by act 5 of , s. 37, for section 33 w.e.f. .

section 33a. of the insurance act : 133a. power to appoint staff. the 2 3authority may appoint such staff, and at such places at it or he may consider necessary, for the scrutiny of the returns, statements and information furnished by insurers under this act and generally to ensure the efficient performance of the functions of the 4 authority under this act. 1. ins. by act 62 of , s. 16 w.e.f. . 2. the words central government or the omitted by act 41 of , s. 30 and the first schedule w.e.f. . 3. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 4. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 34e. of the insurance act : the 142authority may, a caution or prohibit insurers, generally or any insurer in particular against entering into any particular transaction or class of transactions, and generally give advice to any insurer b at any time, if it is satisfied that in the public interest or in the interests of the insurer or for preventing the affairs of the insurer being conducted in a manner detrimental to the interests of the insurer or hi s policyholders, it is necessary so to do, by order in writing and on such terms and conditions as may be specified therein, i require the insurer to call a meeting of hi s directors for the purpose of considering any matter relating to or arising out of the affairs of the insurer ii depute one or more of his officers to watch the proceedings at any meeting of the board of directors of the insurer or of any committee or of any other body constituted by it require the insurer to give an opportunity to the officers so deputed to be heard at such meetings and also require such officers to send a report of such proceedings to the 1authority iii require the board of directors of the insurer or any committee or any other body constituted by it to give in writing to any officer specified by the 2authority in this behalf at hi s usual address all notices if, and other communications relating to, any meeting of the board, committee or other body constituted by it iv appoint one or more of hi s officers to observe the manner in which the affairs of the insurer or of hi s offices or branches are being conducted and make a report thereon v require the insurer to make, within such time as may be specified in the order, such changes in the management as the 2authority may consider necessary. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 34f. of the insurance act : 34f. power of 1 authority to issue directions regarding reinsurance treaties, etc. 1 without prejudice to the generality of the powers conferred by subsection 1 of section 34, the 1authority may, if he is of opinion that the terms or conditions of any reinsurance treaty or other reinsurance contract entered into by an insurer are not favourable to the insurer or are detrimental to the public interest, he may, by order, require the insurer to make, at the time when the renewal of such treaty or contract becomes next due, such modifications in the terms and conditions of such treaty or contract as he may specify in the order or not to renew such treaty or contract, and, if the insurer fails to comply with such order, he shall be deemed to have failed to comply with the provisions of this act. 2 the 1authority may, if he has reason to believe that an insurer is entering into or is likely to enter into reinsurance treaties or other reinsurance contracts which are not favourable to the insurer or are detrimental to the public interest, he may, by order, direct that the insurer shall not enter into such reinsurance treaty or other reinsurance contract unless a copy of such treaty or contract has been furnished to him in advance and the terms and conditions thereof have been approved by him and if the insurer fails to comply with such order he shall be deemed to have failed to comply with the requirements of this act. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 34a., to be subject to previous approval of the controller. of the insurance act : 34a. amendment of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the 1authority. 1 in the case of an insurer, a no amendment made after the commencement of the insurance amendment act, , of any provision relating to the appointment, reappointment, termination of appointment or remuneration of a managing or wholetime director, or of a manager or a chief executive officer, by whatever name called, whether that provision be contained in the insurers memorandum or articles of association, or in an agreement entered into by him, or in any resolution passed by the insurer in general meeting or by his board of directors shall have effect unless approved by the 1authority b no appointment, reappointment or termination of appointment, made after the commencement of the insurance amendment act, , of a managing or wholetime director, or a manager or a chief executive officer, by whatever name called, shall have effect unless such appointment, reappointment or termination of appointment is made with the previous approval of the 139authority. explanation for the purposes of this subsection, any provision conferring any benefit or providing any amenity or perquisite, in whatever form, whether during or after the termination of the term of office of the manager or the chief executive officer, by whatever name called, or a managing or wholetime director, shall be deemed to be a provision relating to his remuneration. 2 nothing contained in sections 268 and 269 , the proviso to subsection 3 of section 309, sections 310 and 311 , the proviso to section 387 , and section 388 in so far as section 388 makes the provisions of sections 310 and 311 apply in relation to the manager of a company of the companies act, 1 of , shall apply to any matter in respect of which the approval of the 2authority has to be obtained under subsection 1. 3 no act done by a person as a managing or wholetime director or a director not liable to retire by rotation or a manager or a chief executive officer, by whatever name called, shall be deemed to be invalid on the ground that it is subsequently discovered that hi s appointment or reappointment had not taken effect by reason of any of the provisions of this act but nothing in this subsection shall be construed as rendering valid any act done by such person after hi s appointment or reappointment has been shown to the insurer not to have had effect. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 34h. of the insurance act : 1 where the 1chairperson of the authority, in consequence of information in his possession, has reason to believe that a any person who has been required under subsection 2 of section 33 to produce, or cause to be produced, any books, accounts or other documents in his custody or power has omitted or failed to produce, or cause to be produced, such books, accounts or other documents, or b any person to whom a requisition to produce any books, accounts or other documents as aforesaid has been or might be issued will not, or would not, produce or cause to be produced, any books, accounts or other documents which will be useful for, or relevant to, an investigation under subsection 1 of section 33 or an inspection under subsection 1a of that section, or c a contravention of any provision of this act has been committed or is likely to be committed by an insurer, or d any claim which is due to be settled by an insurer, has been or is likely to be rejected or settled at a figure higher than a reasonable amount, or e any claim which is due to be settled by an insurer, has been or is likely to be rejected or settled at a figure lower than a reasonable amount, or f any illegal rebate or commission has been paid or is likely to be paid by an insurer, or g any books, accounts, receipts, vouchers, survey reports or other documents, belonging to an insurer are likely to be tampered with, falsified or manufactured, he may authorise any subordinate officer of his, not lower in rank than 2a deputy director or an equivalent officer hereafter referred to as the authorised officer to i enter and search any building or place where he has reason to suspect that such books, accounts or other documents, or any books or papers relating to any claim, rebate or commission or any receipts, vouchers, reports or other documents are kept ii break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause i where the keys thereof are not available iii seize all or any such books, accounts or other documents, found as a result of such search iv place marks of identification on such books, accounts or other documents or make or cause to be made extracts or copies therefrom. 2 the authorised officer may requisition the services of any policeofficer or of any officer of the central government, or of both, to assist hi m for all or any of the purposes specified in subsection 1 and it shall be the duty of every such officer to comply with such requisition. 3 the authorised officer may, where it is not practicable to seize any such book, account or other document, specified in subsection 1, serve an order on the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it except with the previous permission of such officer and such officer may take such steps as may be necessary for ensuring compliance with this subsection. 4 the authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books, accounts or other documents, and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under this act. 5 the books, accounts, papers, receipts, vouchers, reports, or other documents seized under subsection 1 shall not be retained by the authorised officer for a period exceeding one hundred and eighty days from the date of the seizure unless the reasons for retaining the same recorded by hi m in writing and the approval of the 3chairperson of the authority for such retention is obtained: provided that the 3chairperson of the authority shall not authorise the retention of the books, accounts, papers, receipts, vouchers, reports, or other documents for a period exceeding thirty days after all the proceedings under this act for which the books, accounts, papers, receipts, vouchers, reports, or other documents are relevant are completed. 6 the person from whose custody and books, accounts, papers, receipts, vouchers, reports, or other documents are seized under subsection 1 may make copies thereof, or take extracts therefrom, in the presence of the authorised officer or any other person empowered by hi m in this behalf at such place and time as the authorised officer may appoint in this behalf. 7 if a person legally entitled to the books, accounts, papers, receipts, vouchers, reports or other documents seized under subsection 1 objects for any reason to the approval given by the 4chairperson of the authority under subsection 5, he may make an application to the 5securities appellate tribunal stating therein the reason for such objection and requesting for the return of the books, accounts, papers, receipts, vouchers, reports or other documents. 8 on receipt of the application under subsection 7, the 5securities appellate tribunal may, after giving the applicant an opportunity of being heard, pass such orders as it thinks fit. 9 the provisions of the code of criminal procedure, 5 of relating to searches and seizures shall apply, so far as may be, to every search and seizure made under subsection 1. 10 the central government 6 may, by notification in the official gazette make rules in relation to any search or seizure under this section in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the procedure to be followed by the authorised officer, i for obtaining ingress into such building or place to be searched where free ingress thereto is not available ii for ensuring safe custody of any books, accounts, papers, receipts, vouchers, reports, or other documents seized under this section. 1. subs. by s. 30 and the first schedule, serial no. 22 a, ibid., for controller w.e.f. . 2. subs. by act 5 of , s. 41, for an officer authorised by the authority w.e.f. . 3. subs. by act 62 of , s. 33 and the first schedule serial no. 22 b, for controller w.e.f. . 4. subs. by act 41 of , s. 30 and the first schedule for serial no. 22 b controller w.e.f. . 5. subs. by act 5 of , s. 41, for central government w.e.f. . 6. subs. by act 20 of , s. 2 and the schedule, for may make rules w.e.f. .

section 34b. of the insurance act : 34b. power of 1authority to remove managerial persons from office. 1 where the 1authority is satisfied that in the public interest or for preventing the affairs of an insurer being conducted in a manner detrimental to the interests of the policyholders or for securing the proper management of any insurer it is necessary so to do, he may, for reasons to be recorded in writing, by order, remove from office, with effect from such date as may be specified in the order, any director or the chief executive officer, by whatever name called, of the insurer. 2 no order under subsection 1 shall be made unless the director or chief executive officer concerned has been given a reasonable opportunity of making a representation to the 1authority against the proposed order: provided that if, in the opinion of the 1authority, any delay would be detrimental to the interests of the insurer or his policyholders, he may, at the time of giving the opportunity aforesaid or at any time thereafter, by order direct that, pending the consideration of the representation aforesaid, if any, the director or, as the case may be, chief executive officer, shall not, with effect from the date of such order, a act as such director or chief executive officer of the insurer b in any way, whether directly or indirectly, be concerned with, or take part in, the management of the insurer. 3 where any order is made in respect of a director or chief executive officer of an insurer under subsection 1, he shall cease to be a director or, as the case may be, chief executive officer of the insurer and shall not, in any way, whether directly or indirectly, be concerned with, or take part it, the management of any insurer for such period not exceeding five years as may be specified in the order. 24 if any person in respect of whom an order is made by the authority under subsection 1 or under the proviso to subsection 2, contravenes the provisions of this section, he shall be liable to a penalty of one lakh rupees for each day during which such contravention continues or one crore rupees, whichever is less. 5 where an order under subsection 1 has been made, the 1authority may, by order in writing, appoint a suitable person in place of the director or chief executive officer who has been removed from his office under that subsection, with effect from such date as may be specified in the order. 6 any person appointed as director or chief executive officer under this section shall a hold office during the pleasure of the 1authority and subject thereto for a period not exceeding three years or such farther periods not exceeding three years at a time as the 1authority may specify b not insure any obligation or liability by reason only of hi s being a director or chief executive officer or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto. 7 notwithstanding anything contained in any law or in any contract, memorandum or articles of association, on the removal of a person from office under this section, that person shall not be entitled to claim any compensation for the loss or termination of office. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 5 of , s. 38, for subsection 4 w.e.f. .

section 34c. of the insurance act : 34c. power of 1authority to appoint additional directors. 2 1 if the authority is of opinion that in the public interest or in the interest of an insurer, or his policyholders it is necessary so to do, it may, from time to time, by order in writing, appoint, in consultation with the central government with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the insurer: provided that the number of additional directors so appointed shall not, at any time, exceed five or onethird of the maximum strength fixed for the board by the articles of association of the insurer, whichever is less. 2 any person appointed as additional director in pursuance of this section, a shall hold office during the pleasure of the 1authority, and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the 1authority may specify b shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and c shall not be required to hold qualification shares of the insurer. 3 for the purpose of reckoning any proportion of the total number of directors of the insurer, any additional director appointed under this section shall not be taken into account. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 5 of , s. 39, for subsection 1 w.e.f. .

section 37a. of the insurance act : 237a. power of 1authority to prepare scheme of amalgamation. 1 if the 1authority is satisfied that i in the public interest or ii in the interests of the policyholders or iii in order to secure the proper management of an insurer or iv in the interest of insurance business of the country as a whole, it is necessary so to do, he may prepare a scheme for the amalgamation of that insurer with any other insurer hereinafter referred to in this section as the transferee insurer: provided that no such scheme shall be prepared unless the other insurer has given his written consent to the proposal for such amalgamation. 2 the scheme aforesaid may contain provisions for all or any of the following matters, namely: a the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, and the liabilities, duties and obligations of the transferee insurer b the transfer to the transferee insurer of the business, properties, assets and liabilities of the insurer on such terms and conditions as may be specified in the scheme c any change in the board of directors, or the appointment of a new board of directors of the transferee insurer and the authority by whom, the manner in which, and the other terms and conditions on which, such change or appointment shall be made, and, in the case of appointment of a new board of directors or of any director, the period for which such appointment shall be made d the alteration of the memorandum and articles of association of the transferee insurer for the purpose of altering the capital thereof or for such other purposes as may be necessary to give effect to the amalgamation e subject to the provisions of the scheme, the continuation by or against the transferee insurer, of any actions or proceedings pending against the insurer f the reduction of the interest or rights which the shareholders, policyholders and other creditors have in or against the insurer before the amalgamation to such extent as the 2authority considers necessary in the public interest or in the interests of the shareholders, policyholders and other creditors or for the maintenance of the business of the insurer g the payment in cash or otherwise to policyholders, and other creditors in full satisfaction of their claim, i in respect of their interest or rights in or against the insurer before the amalgamation or ii where their interest or rights aforesaid in or against the insurer has or have been reduced under clause f in respect of such interest or rights as so reduced h the allotment to the shareholders of the insurer for shares held by them therein before the amalgamation whether their interest in such shares has been reduced under clause f or not of shares in the transferee insurer and where any shareholders claim payment in cash and not allotment of shares, or where it is not possible to allot shares to any shareholders, the payment in cash to those shareholders in full satisfaction of their claim i in respect of their interest in shares in the insurer before the amalgamation or ii where such interest has been reduced under clause f in respect of their interest in shares as so reduced i the continuance of the services of all the employees of the insurer excepting such of them as not being workmen within the meaning of the industrial disputes act, 14 of , are specifically mentioned in the scheme in the transferee insurer at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the date of the amalgamation: provided that the scheme shall contain a provision that the transferee insurer shall pay or grant not later than the expiry of the period of three years, from the date of the amalgamation, to the said employees the same remuneration and the same terms and conditions of service as are applicable to the other employees of corresponding rank or status, of the transferee insurer subject to the qualifications and experience of the said employees being the same as or equivalent to those of such other employees of the transferee insurer: provided further that if in any case any doubt or difference arises as to whether the qualification and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee insurer, the doubt or difference shall be referred to the controller whose decision thereon shall be final j notwithstanding anything contained in clause i where any of the employees of the insurer not being workmen within the meaning of the industrial disputes act, 14 of , are specifically mentioned in the scheme under clause i of where any employees of the insurer have by notice in writing given to the insurer or, as the case may be, the transferee insurer at any time before the expiry of one month next following the date on which the scheme is sanctioned by the central government, intimated their intention of not becoming employees of the transferee insurer, the payment to such employees of compensation, if any, to which they are entitled under the industrial disputes act, 14 of , and such pension, gratuity, provident fund, or other retirement benefits ordinarily admissible to them under the rules or authorisations of the insurer immediately before the date of the amalgamation k any other terms and conditions for the amalgamation of the insurer l such incidental, consequential and supplemental matters as are necessary to secure that the amalgamation shall be fully and effectively carried out. 3a a copy of the scheme prepared by the 3authority shall be sent in draft to the insurer and also to the transferee insurer and any other insurer concerned in the amalgamation, for suggestions and objections, if any, within such period as the 3authority may specify for this purpose. b the 3authority may make such modifications, if any, in the draft scheme as he may consider necessary in the light of the suggestions and objections received from the insurer and also from the transferee insurer and any other insurer concerned in the amalgamation and from any shareholder, policyholder or other creditor of each of those insurers and the transferee insurer. 44 the scheme shall thereafter be placed before the central government for its sanction and the central government may sanction the scheme without any modification or with such modifications as it may consider necessary, and the scheme as sanctioned by the central government shall come into force on such date as the central government may notify in this behalf in the official gazette: provided that different dates may be specified for different provisions of the scheme. 4a every policyholder or shareholder or member of each of the insurers, before amalgamation, shall have the same interest in, or rights against the insurer resulting from amalgamation as he had in the company of which he was originally a policyholder or shareholder or member: provided that where the interests or rights of any shareholder or member are less than his interest in, or rights against, the original insurer, he shall be entitled to compensation, which shall be assessed by the authority in such manner as may be specified by the regulations. 4b the compensation so assessed shall be paid to the shareholder or member by the insurance company resulting from such amalgamation. 4c any member or shareholder aggrieved by the assessment of compensation made by the authority under subsection 4a may within thirty days from the publication of such assessment prefer an appeal to the securities appellate tribunal. 5 the sanction accorded by the central government under subsection 4 shall be conclusive evidence that all the requirements of this section relating to amalgamation have been complied with and a copy of the sanctioned scheme certified in writing by an officer of the central government to be a true copy thereof shall, in all legal proceedings whether in appeal or otherwise be admitted as evidence to the same extent as the original scheme. 6 the 3authority may, in like manner, add to amend or vary any scheme made under this section. 7 on and from the date of the coming into operation of the scheme or any provision thereof, the scheme or such provision shall be binding on the insurer or, as the case may be, on the transferee insurer and any other insurer concerned in the amalgamation and also on all the shareholders, policyholders and other creditors and employees of each of those insurers and of transferee insurer, and on any other person having any right or liability in relation to any of those insurers or the transferee insurer. 8 on and from such date as may be specified by the central government in this behalf, the properties and assets of the insurer shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vest in, and the liabilities of the insurer shall, by virtue of and to the extent provided in the scheme, stand transferred to and become the liabilities of the transferee insurer. 9 if any difficulty arises in giving effect to the provisions of the scheme, the central government may by order do anything not inconsistent with such provisions which appears to it necessary or expedient for the purpose of removing the difficulty. 10 copies of every scheme made under this section and of every order made under subsection 9 shall be laid before each house of parliament, as soon as may be, after the scheme has been sanctioned by the central government, or as the case may be, the order has been made. 11 nothing in this section shall be deemed to prevent the amalgamation with an insurer by a single scheme of several insurers. 12 the provisions of this section and of any scheme made under it shall have effect notwithstanding anything to the contrary contained in any other provisions of this act or in any other law or any agreement, award or other instrument for the time being in force. 13 the provisions of section 37 shall not apply to an amalgamation given effect to under the provisions of this section. 1. subs. by s. 30, and the first schedule, ibid., for controller w.e.f. . 2. ins. by act 62 of , s. 17 w.e.f. . 3. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 4. subs. by act 5 of , s 44, for subsection 4 w.e.f. .

section 34g. of the insurance act : power of controller to order closure of foreign branches. omitted by the insurance laws amendment act, 5 of , s. 40 w.e.f. .

section 35. of the insurance act : 11 notwithstanding anything contained in any other law for the time being in force, no insurance business of an insurer shall be transferred to or amalgamated with the insurance business of any other insurer except in accordance with a scheme prepared under this section and approved by the authority. 2 any scheme prepared under this section shall set out the agreement under which the transfer or amalgamation is proposed to be effected, and shall contain such further provisions as may be necessary for giving effect to the scheme. 3 before an application is made to the 2authority 3to approve any such scheme notices of the intention to make the application together with a statement of the nature of the amalgamation or transfer, as the case may be, and of the reason therefore shall, at least two months before the application is made, be sent to the 2authority 4and certified copies, four in number, of each of the following documents shall be furnished to the 2authority, and other such copies shall during the two months aforesaid be kept open for the inspection of the members and policyholders at the principal and branch offices and chief agencies of the insurers concerned, namely: a a draft of the agreement or deed under which it is proposed to effect the amalgamation or transfer 5b balance sheets in respect of the insurance business of each of the insurers concerned in such amalgamation or transfer, prepared in such forms as may be specified by the regulations c actuarial reports and abstracts in respect of the life insurance business of each of the insurers so concerned, prepared in conformity with the regulations specified in this regard. d a report on the proposed amalgamation or transfer, prepared by an independent actuary who has never been professionally connected with any of the parties concerned in the amalgamation or transfer at any time in the five years preceding the date on which he signs hi s report e any other reports on which the scheme of amalgamation or transfer was founded. the balancesheets, reports and abstracts referred to in clauses b, c and d shall be prepared as at the date at which 6the amalgamation or transfer if approved by the 7authority is to take effect, which date shall not be more than twelve months before the date on which the application to the 7authority is made under this section: provided that if the 7authority so directs in the case of any particular insurer there may be substituted respectively for the balancesheet, report and abstract referred to in clauses b and c prepared in accordance with this subsection certified copies of the last balancesheet and last report and abstract prepared in accordance with sections 11 and 13 8of this act or sections 7 and 8 of the indian life assurance companies act, 6 of , if that balancesheet is prepared as at a date not more than twelve months, and that report and abstract as at a date not more than five years, before the date on which the application to the 7authority is made under this section. 1. subs. by act 5 of , s. 42, for subsection 1 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 3. subs. by s. 30 and the first schedule, ibid., for to sanction any such scheme w.e.f. . 4. subs. by act 13 of , s. 22, for and certified copies of the following documents shall be furnished to the central government and shall w.e.f. . 5. subs. by act 5 of , s. 42, for clauses b and c w.e.f. . 6. subs. by act 41 of , s. 30 and the first schedule, for the amalgamation or transfer if sanctioned w.e.f. . 7. subs. by s. 30 and the first schedule, ibid., for controller w.e.f. . earlier subs. by act 47 of , s. 26, for court w.e.f. . 8. ins. by act 13 of , s. 22 w.e.f. .

section 40. of the insurance act : 140. prohibition of payment by way of commission or otherwise for procuring business. 1 no person shall, pay or contract to pay any remuneration or reward, whether by way of commission or otherwise for soliciting or procuring insurance business in india to any person except an insurance agent or an intermediary or insurance intermediary in such manner as may be specified by the regulations. 2 no insurance agent or intermediary or insurance intermediary shall receive or contract to receive commission or remuneration in any form in respect of policies issued in india, by an insurer in any form in respect of policies issued in india, by an insurer except in accordance with the regulations specified in this regard: provided that the authority, while making regulations under subsections 1 and 2, shall take into consideration the nature and tenure of the policy and in particular the interest of the agents and other intermediaries concerned. 3 without prejudice to the provisions of section 102 in respect of a contravention of any of the provisions of the preceding subsections or the regulations framed in this regard, by an insurer, any insurance agent or intermediary or insurance intermediary who contravenes the said provisions shall be liable to a penalty which may extend to one lakh rupees. 1. subs. by act 5 of , s. 45, for sections 38, 39 and 40 w.e.f. .

section 36. of the insurance act : 136. sanction of amalgamation and transfer by authority.when any application under subsection 3 of section 35 is made to the authority, the authority shall cause, a notice of the application to be given to the holders of any kind of policy of insurer concerned alongwith statement of the nature and terms of the amalgamation or transfer, as the case may be, to be published in such manner and for such period as it may direct, and, after hearing the directors and considering the objections of the policyholders and any other persons whom it considers entitled to be heard, may approve the arrangement, and shall make such consequential orders as are necessary to give effect to the arrangement. 1. subs. by act 5 of , s. 43, for section 36 w.e.f. .

section 37. of the insurance act : where an amalgamation takes place between any two or more insurers, or 2where any business of an insurer is transferred, whether in accordance with a scheme confirmed by the 1authority or otherwise, the insurer carrying on the amalgamated business or 3the person to whom the business is transferred, as the case may be, shall, within three months from the date of the completion of the amalgamation or transfer, 4furnish in duplicate to the 1authority a a certified copy of the scheme, agreement or deed under which the amalgamation or transfer has been effected, and b 5 a declaration signed by every party concerned or in the case of a company by the chairman and the principal officer that to the best of their belief every payment made or to be made to any person whatsoever on account of the amalgamation or transfer is therein fully set forth and that no other payments beyond those set forth have been made or are to be made either in money, policies, bonds, valuable securities or other property by or with the knowledge of any parties to the amalgamation or transfer, and 6c where the amalgamation or transfer has not been made in accordance with a 7scheme approved by the 8authority under section 36 i balancesheets in respect of the insurance business of each of the insurers concerned in such amalgamation or transfer, prepared in the form set forth in part ii of the first schedule and in accordance with the regulations contained in part i of that schedule, and ii certified copies of any other reports on which the scheme of amalgamation or transfer was founded. 1. subs. by s. 30 and the first schedule, ibid., for controller w.e.f. . earlier subs. by act 47 of , s. 26, for court w.e.f. . 2. subs. by act 13 of , s. 24, for where any business of one insurer is transferred to another w.e.f. . 3. subs. by s. 24, ibid., for the insurer to whom the business is transferred w.e.f. . 4. subs. by s. 24, ibid., for furnish to the central government w.e.f. . 5. subs. by act 13 of , s. 21, for a declaration signed by every insurer concerned w.e.f. . 6. subs. s. 24, ibid., for clause c w.e.f. . 7. subs. by act 41 of , s. 30 the first schedule, for scheme sanctioned w.e.f. . 8. subs. by s. 30, and the first schedule, ibid., for controller w.e.f. .

section 40b. of the insurance act : 140b. limitation of expenses of management in life insurance business. no insurer shall, in respect of insurance business transacted by him in india, spend as expenses of management in any financial year any amount exceeding the amount as may be specified by the regulations made under this act 1. subs. by act 5 of , s. 47, for sections 40b and 40c w.e.f. .

section 38. of the insurance act : 138. assignment and transfer of insurance policies. 1 a transfer or assignment of a policy of insurance, wholly or in part, whether with or without consideration, may be made only by an endorsement upon the policy itself or by a separate instrument, signed in either case by the transferor or by the assignor or his duly authorised agent and attested by at least one witness, specifically setting forth the fact of transfer or assignment and the reasons thereof, the antecedents of the assignee and the terms on which the assignment is made. 2 an insurer may, accept the transfer or assignment, or decline to act upon any endorsement made under subsection 1, where it has sufficient reason to believe that such transfer or assignment is not bona fide or is not in the interest of the policyholder or in public interest or is for the purpose of trading of insurance policy. 3 the insurer shall, before refusing to act upon the endorsement, record in writing the reasons for such refusal and communicate the same to the policyholder not later than thirty days from the date of the policyholder giving notice of such transfer or assignment. 4 any person aggrieved by the decision of an insurer to decline to act upon such transfer or assignment may within a period of thirty days from the date of receipt of the communication from the insurer containing reasons for such refusal, prefer a claim to the authority. 5 subject to the provisions in subsection 2, the transfer or assignment shall be complete and effectual upon the execution of such endorsement or instrument duly attested but except, where the transfer or assignment is in favour of the insurer, shall not be operative as against an insurer, and shall not confer upon the transferee or assignee, or his legal representative, any right to sue for the amount of such policy or the moneys secured thereby until a notice in writing of the transfer or assignment and either the said endorsement or instrument itself or a copy thereof certified to be correct by both transferor and transferee or their duly authorised agents have been delivered to the insurer: provided that where the insurer maintains one or more places of business in india, such notice shall be delivered only at the place where the policy is being serviced. 6 the date on which the notice referred to in subsection 5 is delivered to the insurer shall regulate the priority of all claims under a transfer or assignment as between persons interested in the policy and where there is more than one instrument of transfer or assignment the priority of the claims under such instruments shall be governed by the order in which the notices referred to in subsection 5 are delivered: provided that if any dispute as to priority of payment arises as between assignees, the dispute shall be referred to the authority. 7 upon the receipt of the notice referred to in subsection 5, the insurer shall record the fact of such transfer or assignment together with the date thereof and the name of the transferee or the assignee and shall, on the request of the person by whom the notice was given, or of the transferee or assignee, on payment of such fee as may be specified by the regulations, grant a written acknowledgement of the receipt of such notice and any such acknowledgement shall be conclusive evidence against the insurer that he has duly received the notice to which such acknowledgement relates. 8 subject to the terms and conditions of the transfer or assignment, the insurer shall, from the date of the receipt of the notice referred to in subsection 5, recognise the transferee or assignee named in the notice as the absolute transferee or assignee entitled to benefit under the policy, and such person shall be subject to all liabilities and equities to which the transferor or assignor was subject at the date of the transfer or assignment and may institute any proceedings in relation to the policy, obtain a loan under the policy or surrender the policy without obtaining the consent of the transferor or assignor or making him a party to such proceedings. explanation. except where the endorsement referred to in subsection 1 expressly indicates that the assignment or transfer is conditional in terms of subsection 10 hereunder, every assignment or transfer shall be deemed to be an absolute assignment or transfer and the assignee or transferee, as the case may be, shall be deemed to be the absolute assignee or transferee respectively. 9 any rights and remedies of an assignee or transferee of a policy of life insurance under an assignment or transfer effected prior to the commencement of the insurance laws amendment act, 5 of shall not be affected by the provisions of this section. 10 notwithstanding any law or custom having the force of law to the contrary, an assignment in favour of a person made upon the condition that a the proceeds under the policy shall become payable to the policyholder or the nominee or nominees in the event of either the assignee or transferee predeceasing the insured or b the insured surviving the term of the policy, shall be valid: provided that a conditional assignee shall not be entitled to obtain a loan on the policy or surrender a policy. 11 in the case of the partial assignment or transfer of a policy of insurance under subsection 1, the liability of the insurer shall be limited to the amount secured by partial assignment or transfer and such policyholder shall not be entitled to further assign or transfer the residual amount payable under the same policy. 1. subs. by act 5 of , s. 45, for sections 38, 39 and 40 w.e.f. .

section 39. of the insurance act : 139. nomination by policyholder. 1 the holder of a policy of life insurance on his own life may, when effecting the policy or at any time before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the event of his death: provided that, where any nominee is a minor, it shall be lawful for the policyholder to appoint any person in the manner laid down by the insurer, to receive the money secured by the policy in the event of his death during the minority of the nominee. 2 any such nomination in order to be effectual shall, unless it is incorporated in the text of the policy itself, be made by an endorsement on the policy communicated to the insurer and registered by him in the records relating to the policy and any such nomination may at any time before the policy matures for payment be cancelled or changed by an endorsement or a further endorsement or a will, as the case may be, but unless notice in writing of any such cancellation or change has been delivered to the insurer, the insurer shall not be liable for any payment under the policy made bona fide by him to a nominee mentioned in the text of the policy or registered in records of the insurer. 3 the insurer shall furnish to the policyholder a written acknowledgement of having registered a nomination or a cancellation or change thereof, and may charge such fee as may be specified by regulations for registering such cancellation or change. 4 a transfer or assignment of a policy made in accordance with section 38 shall automatically cancel a nomination: provided that the assignment of a policy to the insurer who bears the risk on the policy at the time of the assignment, in consideration of a loan granted by that insurer on the security of the policy within its surrender value, or its reassignment on repayment of the loan shall not cancel a nomination, but shall affect the rights of the nominee only to the extent of the insurers interest in the policy: provided further that the transfer or assignment of a policy, whether wholly or in part, in consideration of a loan advanced by the transferee or assignee to the policyholder, shall not cancel the nomination but shall affect the rights of the nominee only to the extent of the interest of the transferee or assignee, as the case may be, in the policy: provided also that the nomination, which has been automatically cancelled consequent upon the transfer or assignment, the same nomination shall stand automatically revived when the policy is reassigned by the assignee or retransferred by the transferee in favour of the policyholder on repayment of loan other than on a security of policy to the insurer. 5 where the policy matures for payment during the lifetime of the person whose life is insured or where the nominee or, if there are more nominees than one, all the nominees die before the policy matures for payment, the amount secured by the policy shall be payable to the policyholder or his heirs or legal representatives or the holder of a succession certificate, as the case may be. 6 where the nominee or if there are more nominees than one, a nominee or nominees survive the person whose life is insured, the amount secured by the policy shall be payable to such survivor or survivors. 7 subject to the other provisions of this section, where the holder of a policy of insurance on his own life nominates his parents, or his spouse, or his children, or his spouse and children, or any of them, the nominee or nominees shall be beneficially entitled to the amount payable by the insurer to him or them under subsection 6 unless it is proved that the holder of the policy, having regard to the nature of his title to the policy, could not have conferred any such beneficial title on the nominee. 8 subject as aforesaid, where the nominee, or if there are more nominees than one, a nominee or nominees, to whom subsection 7 applies, die after the person whose life is insured but before the amount secured by the policy is paid, the amount secured by the policy, or so much of the amount secured by the policy as represents the share of the nominee or nominees so dying as the case may be, shall be payable to the heirs or legal representatives of the nominee or nominees or the holder of a succession certificate, as the case may be, and they shall be beneficially entitled to such amount. 9 nothing in subsections 7 and 8 shall operate to destroy or impede the right of any creditor to be paid out of the proceeds of any policy of life insurance. 10 the provisions of subsections 7 and 8 shall apply to all policies of life insurance maturing for payment after the commencement of the insurance laws amendment act, 5 of . 11 where a policyholder dies after the maturity of the policy but the proceeds and benefit of his policy has not been made to him because of his death, in such a case, his nominee shall be entitled to the proceeds and benefit of his policy. 12 the provisions of this section shall not apply to any policy of life insurance to which section 6 of the married womens property act, 3 of , applies or has at any time applied: provided that where a nomination made whether before or after the commencement of the insurance laws amendment act, 5 of , in favour of the wife of the person who has insured his life or of his wife and children or any of them is expressed, whether or not on the face of the policy, as being made under this section, the said section 6 shall be deemed not to apply or not to have applied to the policy. 1. subs. by act 5 of , s. 45, for sections 38, 39 and 40 w.e.f. .

section 42. of the insurance act : 142. appointment of insurance agents. 1 an insurer may appoint any person to act as insurance agent for the purpose of soliciting and procuring insurance business: provided that such person does not suffer from any of the disqualifications mentioned in subsection 3. 2 no person shall act as an insurance agent for more than one life insurer, one general insurer, one health insurer and one of each of the other monoline insurers: provided that the authority shall, while framing regulations, ensure that no conflict of interest is allowed to arise for any agent in representing two or more insurers for whom he may be an agent. 3 the disqualifications referred to in the proviso to subsection 1 shall be the following: a that the person is a minor b that he is found to be of unsound mind by a court of competent jurisdiction c that he has been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a court of competent jurisdiction: provided that where at least five years have elapsed since the completion of the sentence imposed on any person in respect of any such offence, the authority shall ordinarily declare in respect of such person that his conviction shall cease to operate as a disqualification under this clause d that in the course of any judicial proceeding relating to any policy of insurance or the winding up of an insurer or in the course of an investigation of the affairs of an insurer it has been found that he has been guilty of or has knowingly participated in or connived at any fraud, dishonesty or misrepresentation against an insurer or insured e that in the case of an individual, who does not possess the requisite qualifications or practical training or passed the examination, as may be specified by the regulations f that in the case of a company or firm making, a director or a partner or one or more of its officers or other employees so designated by it and in the case of any other person the chief executive, by whatever name called, or one or more of his employees designated by him, do not possess the requisite qualifications or practical training and have not passed such an examination as required under clauses e and g g that he has not passed such examination as may be specified by the regulations h that he has violated the code of conduct as may be specified by the regulations. 4 any person who acts as an insurance agent in contravention of the provision of this act, shall be liable to a penalty which may extend to ten thousand rupees and any insurer or any person acting on behalf of an insurer, who appoints any person as an insurance agent not permitted to act as such or transacts any insurance business in india through any such person shall be liable to penalty which may extend to one crore rupees. 5 the insurer shall be responsible for all the acts and omissions of its agents including violation of code of conduct specified under clause h of subsection 3 and liable to a penalty which may extend to one crore rupees. 1. subs. by s. 49, ibid., for section 42 w.e.f. .

section 40a.. of the insurance act : limitation of expenditure on commission. omitted by the insurance laws amendment act, 5 of , s. 46 w.e.f. .

section 43. of the insurance act : 143. record of insurance agents. 1 every insurer and every person who, acting on behalf of an insurer employs insurance agents shall maintain a record showing the name and address of every insurance agent appointed by him and the date on which his appointment began and the date, if any, on which his appointment ceased. 2 the record prepared by the insurer under subsection 1, shall be maintained as long as the insurance agent is in service and for a period of five years after the cessation of appointment. 1.subs. by act 5 of , s. 53, for section 43 w.e.f. .

section 40c. of the insurance act : 140c. limitation of expenses of management in general, health insurance and reinsurance business. every insurer transacting insurance business in india shall furnish to the authority, the details of expenses of management in such manner and form as may be specified by the regulations made under this act. 1. subs. by act 5 of , s. 47, for sections 40b and 40c w.e.f. .

section 41. of the insurance act : 1 no person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to 1take out or renew or continue an insurance in respect of any kind of risk relating to lives or property in india, any rebate of the whole or part of the commission payable or any rebate of the premium shown on the policy, nor shall any person taking out or renewing 2or continuing a policy accept any rebate, except such rebate as may be allowed in accordance with the published prospectuses or tables of the insurer: 1provided that acceptance by an insurance agent of commission in connection with a policy of life insurance taken out by himself on his own life shall not be deemed to be acceptance of a rebate of premium within the meaning of this subsection if at the time of such acceptance the insurance agent satisfies the prescribed conditions establishing that he is a bona fide insurance agent employed by the insurer. 32 any person making default in complying with the provisions of this section shall be liable for a penalty which may extend to ten lakh rupees. 1. subs. by act 13 of , s. 27, for effect or renew w.e.f. . 2. ins. by s. 27, ibid, w.e.f. . 3. subs. by act 5 of , s. 48, for subsection 2 w.e.f. .

section 42a. of the insurance act : 142a. prohibition of insurance business through principal agent, special agent and multilevel marketing. 1 no insurer shall, on or after the commencement of the insurance laws amendment act, 5 of , appoint any principal agent, chief agent, and special agent and transact any insurance business in india through them. 2 no person shall allow or offer to allow, either directly or indirectly, as an inducement to any person to take out or renew or continue an insurance policy through multilevel marketing scheme. 3 the authority may, through an officer authorised in this behalf, make a complaint to the appropriate police authorities against the entity or persons involved in the multilevel marketing scheme. explanation. for the purpose of this section multilevel marketing scheme means any scheme or programme or arrangement or plan by whatever name called for the purpose of soliciting and procuring insurance business through persons not authorised for the said purpose with or without consideration of whole or part of commission or remuneration earned through such solicitation and procurement and includes enrolment of persons into a multilevel chain for the said purpose either directly or indirectly. 1. subs. by act 5 of , s. 50, for sections 42a, 42b and 42c w.e.f. .

section 44a. of the insurance act : 144a. power to call for information.for the purposes of ensuring compliance with the provisions of sections 40, 40b and 40c, the authority may, by notice a require from an insurer such information, certified if so required by an auditor or actuary, as it may consider necessary b require an insurer to submit for its examination at the principal place of business of the insurer in india, any books of account, register or other document, or to supply any statement which may be specified in the notice c examine any officer of an insurer on oath, in relation to any such information, book, register, document or statement and the insurer, shall comply with any such requirement within such time as may be specified in the notice. 1. subs. by s. 55, ibid., for sections 44a and 45 w.e.f. .

section 42d. of the insurance act : 142d. issue of 2registration to intermediary or insurance intermediary. 1 the authority or an officer authorised by it in this behalf shall, in the manner determined by the regulations made by the authority and on payment of the fees determined by the regulations made by the authority, issue to any person making an application in the manner determined by the regulations, and not suffering from any of the disqualifications herein mentioned, a 2registration to act as an intermediary or an insurance intermediary under this act: provided that a in the case of an individual, he does not suffer from any of the disqualifications mentioned in 3subsection 3 of section 42, or b in the case of a company, or firm, any of its directors of partners does not suffer from any of the said disqualifications. 2 a 4registration made under this section shall entitle the holder thereof to act as an intermediary or insurance intermediary . 3 a 4registration made under this section shall remain in force for a period of three years only from the date of issue, but shall, if the applicant, being an individual does not, or being a company or firm any of its directors or partners 5or one or more of its officers or other employees so designated by it and in the case of any other person, the chief executive by whatever name called, or one or more of his employees designated by him does not suffer from any of the disqualifications mentioned 6in clauses b, c, d, e and g of subsection 3 of section 42 and the application for renewal of 2registration reaches the issuing authority at least thirty days before the date on which the 2registration ceases to remain in force, be renewed for a period of three years at any one time on payment of the fee, determined by the regulations, made by the authority and additional fee for an amount determined by the regulations, not exceeding one hundred rupees by way of penalty, if the application for renewal of the 2registration does not reach the issuing authority at least thirty days before the date on which the 2registration ceases to remain in force. 4 no application for the renewal of a 2registration under this section shall be entertained if the application does not reach the issuing authority before the 2registration ceases to remain in force: provided that the authority may, if satisfied that undue hardship would be caused otherwise, accept any application in contravention of this subsection on payment by the application of a penalty of seven hundred and fifty rupees. 5 the disqualifications above referred to shall be the following: a that the person is a minor b that he is found to be of unsound mind by a court of competent jurisdiction c that he has been found guilty of criminal misappropriation or criminal breach of trust or cheating or forgery or an abetment of or attempt to commit any such offence by a court of competent jurisdiction: provided that, where at least five years have elapsed since the completion of the sentence imposed on any person in respect of any such offence, the authority shall ordinarily declare in respect of such person that hi s conviction shall cease to operate as a disqualification under this clause d that in the course of any judicial proceeding relating to any policy of insurance of the winding up of an insurance company or in the course of an investigation of the affairs of an insurer it has been found that he has been guilty of or has knowingly participated in or connived at any fraud dishonestly or misrepresentation against an insurer or an insured e that he does not possess the requisite qualifications and practical training for a period not exceeding twelve months, as may be specified by the regulations made by the authority in this behalf f that he has not passed such examinations as may be specified by the regulations made by the authority in this behalf g that he violates the code of conduct as may be specified by the regulations made by the authority. 6 if it be found that an intermediary or an insurance intermediary suffers from any of the foregoing is qualifications , without prejudice to any other penalty to which he may be liable, the authority shall, and if the intermediary or an insurance intermediary has knowingly contravened any provision of this act may cancel the 7registration made to the intermediary or insurance intermediary under this section . 7 the authority may issue a duplicate 8registration to replace a 8registration lost, destroyed or mutilated, on payment of such fee, as may be determined by the regulations made by the authority. 98 any person who acts as an intermediary or an insurance intermediary without being registered under this section to act as such, shall be liable to a penalty which may extend to ten lakh rupees and any person who appoints as an intermediary or an insurance intermediary or any person not registered to act as such or transacts any insurance business in india through any such person, shall be liable to a penalty which may extend to one crore rupees. 9 where the person contravening subsection 8 is a company or a firm, then, without prejudice to any other proceedings which may be taken against the company or firm, every director, manager, secretary or other officer of the company, and every partner of the firm who is knowingly a party to such contravention shall be liable to a penalty which may extend to ten lakh rupees. 1 ins. by act 41 of , s. 30 and the first schedule w.e.f. . 2 subs. by act 5 of , s. 51, for licence w.e.f. . 3 subs. by s. 51, ibid., for subsection 4 w.e.f. . 4 subs. by s. 51, ibid., for licence issued w.e.f. . 5 ins. by s. 51, ibid. w.e.f. . 6 subs. by s. 51, ibid., for in clauses b, c, d, e and f of subsection 4 of section 42 w.e.f. . 7 subs. by 5 of , s. 51, for licence issued w.e.f. . 8 subs. by s. 51, ibid., for licence w.e.f. . 9 subs. by s. 51, ibid., for subsections 8 and 9 w.e.f. .

section 42e. of the insurance act : 142e. condition for intermediary or insurance intermediary. without prejudice to the provisions contained in this act, the authority may, by regulations made in this behalf, specify the requirements of capital, form of business and other conditions, to act as an intermediary or an insurance intermediary. 1. subs. by s. 51, ibid., for section 42e w.e.f. .

section 44.. of the insurance act : prohibition of cessation of payments of commission.omitted by the insurance laws amendment act, 5 of s. 54 w.e.f. .

section 45. of the insurance act : 1 no policy of life insurance shall be called in question on any ground whatsoever after the expiry of three years from the date of the policy, i.e., from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later. 2 a policy of life insurance may be called in question at any time within three years from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later, on the ground of fraud: provided that the insurer shall have to communicate in writing to the insured or the legal representatives or nominees or assignees of the insured the grounds and materials on which such decision is based. explanation i. for the purposes of this subsection, the expression fraud means any of the following acts committed by the insured or by his agent, with intent to deceive the insurer or to induce the insurer to issue a life insurance policy: a the suggestion, as a fact of that which is not true and which the insured does not believe to be true b the active concealment of a fact by the insured having knowledge or belief of the fact c any other act fitted to deceive and d any such act or omission as the law specially declares to be fraudulent. explanation ii. mere silence as to facts likely to affect the assessment of the risk by the insurer is not fraud, unless the circumstances of the case are such that regard being had to them, it is the duty of the insured or his agent keeping silence, to speak, or unless his silence is, in itself, equivalent to speak. 3 notwithstanding anything contained in subsection 2, no insurer shall repudiate a life insurance policy on the ground of fraud if the insured can prove that the misstatement of or suppression of a material fact was true to the best of his knowledge and belief or that there was no deliberate intention to suppress the fact or that such misstatement of or suppression of a material fact are within the knowledge of the insurer: provided that in case of fraud, the onus of disproving lies upon the beneficiaries, in case the policyholder is not alive. explanation. a person who solicits and negotiates a contract of insurance shall be deemed for the purpose of the formation of the contract, to be the agent of the insurer. 4 a policy of life insurance may be called in question at any time within three years from the date of issuance of the policy or the date of commencement of risk or the date of revival of the policy or the date of the rider to the policy, whichever is later, on the ground that any statement of or suppression of a fact material to the expectancy of the life of the insured was incorrectly made in the proposal or other document on the basis of which the policy was issued or revived or rider issued: provided that the insurer shall have to communicate in writing to the insured or the legal representatives or nominees or assignees of the insured the grounds and materials on which such decision to repudiate the policy of life insurance is based: provided further that in case of repudiation of the policy on the ground of misstatement or suppression of a material fact, and not on the ground of fraud, the premiums collected on the policy till the date of repudiation shall be paid to the insured or the legal representatives or nominees or assignees of the insured within a period of ninety days from the date of such repudiation. explanation. for the purposes of this subsection, the misstatement of or suppression of fact shall not be considered material unless it has a direct bearing on the risk undertaken by the insurer, the onus is on the insurer to show that had the insurer been aware of the said fact no life insurance policy would have been issued to the insured. 5 nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal. 1. subs. by s. 55, ibid., for sections 44a and 45 w.e.f. .

section 46. of the insurance act : the holder of a policy of insurance issued by an insurer in respect of insurance business transacted in 1india after the commencement of this act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in 1india, of any sum secured thereby and to sue for any relief in respect of the policy in any court of competent jurisdiction in 1india and if the suit is brought in 1india any question of law arising in connection with any such policy shall be determined according to the law in force in 1india: 2provided that nothing in this section shall apply to a policy of marine insurance. 1 subs. by act 62 of , s. 2 and the first schedule, for the states w.e.f. . 2 ins. by act 7 of , s. 2 w.e.f. .

section 47. of the insurance act : 1 where in respect of any policy of life insurance maturing for payment an insurer is of opinion that by reason of conflicting claims to or insufficiency of proof of title to the amount secured thereby or for any other adequate reason it is impossible otherwise for the insurer to obtain a satisfactory discharge for the payment of such amount, 1the insurer may, 2 apply to pay the amount into the court within the jurisdiction of which is situated the place at which such amount is payable under the terms of the policy or otherwise. 2 a receipt granted by the court for any such payment shall be a satisfactory discharge to the insurer for the payment of such amount. 3 an application for permission to make a payment into court under this section shall be made by a petition verified by an affidavit signed by a principal officer of the insurer setting forth the following particulars, namely: a the name of the insured person and his address b if the insured person is deceased, the date and place of hi s death c the nature of the policy and the amount secured by it d the name and address of each claimant so far as is known to the insurer with details of every notice of claim received e the reasons why in the opinion of the insurer a satisfactory discharged cannot be obtained for the payment of the amount and f the address at which the insurer may be served with notice of any proceeding relating to disposal of the amount paid into court. 4 an application under this section shall not be entertained by the court if the application is made before the expiry of six months 3from the maturing of the policy by survival, or from the date of receipt of notice by the insurer of the death of the insured, as the case may be. 5 if it appears to the court that a satisfactory discharge for the payment of the amount cannot otherwise be obtained by the insurer it shall allow the amount to be paid into court and shall invest the amount in government securities pending its disposal. 6 the insurer shall transmit to the court every notice of claim received after the making of the application under subsection 3, and any payment required by the court as costs of the proceedings or otherwise in connection with the disposal of the amount paid into court shall as to the cost of the application under subsection 3 be borne by the insurer and as to any other costs be in the discretion of the court. 7 the court shall cause notice to be given to every ascertained claimant of the fact that the amount has been paid into court, and shall cause notice at the cost of any claimant applying to withdraw the amount to be given to every other ascertained claimant. 8 the court shall decide all questions relating to the disposal of claims to the amount paid into court. 1. subs. by act 13 of , s. 32, for the insurer shall w.e.f. . 2. certain words omitted by act 47 of , s. 36 w.e.f. . 3 subs. by act 11 of , s. 18, for from the death of the insured, or the maturing of the policy by survival.

section 49. of the insurance act : 249. restriction on dividends and bonuses. 31 no insurer, 4, who carries on the business of life insurance or any other class or subclass of insurance business to which section 13 applies, shall, for the purpose of declaring or paying any dividend to shareholders or any bonus to policyholders or of making any payment in service of any debentures, utilize directly or indirectly any portion of the life insurance fund or of the fund of such other class or subclass of insurance business, as the case may be, except a surplus shown in the valuation 5balancesheet in such form as may be specified by the regulations made by the authority submitted to the 1authority as part of the abstract referred to in section 15 as a result of an actuarial valuation of the assets and liabilities of the insurer nor shall he increase such surplus by contributions out of any reserve fund or otherwise unless such contributions have been brought in as revenue account applicable to that class or subclass of insurance business on or before the date of the valuation aforesaid, except when the reserve fund is made up solely of transfers from similar surpluses disclosed by valuations in respect of which returns have been submitted to the 1authority under section 15 of this act 6: provided that payments made out of any such surplus in service of any debentures shall not exceed fifty percent, of such surplus including any payment by way of interest on the debentures, and interest paid on the debentures shall not exceed ten per cent, of any such surplus except when the interest paid on the debentures is offset against the interest credited to the fund or funds concerned in deciding the interest basis adopted in the valuation disclosing the aforesaid surplus: 7provided further that the share of any such surplus allocated to or reserved for the shareholders, including any amount for the payment of dividends guaranteed to them, whether by way of first charge or otherwise, shall not exceed such sums as may be specified by the authority and such share shall in no case exceed ten per cent of such surplus in case of participating policies and in other cases the whole thereof. 82 for the purposes of subsection 1, the actual amount of incometax deducted at source during the period following the date as at which the last preceding valuation was made and preceding the date as at which the valuation in question is made may be added to such surplus after deducting an estimated amount for incometax on such surplus, such addition and deduction being shown in 9an abstract of the report of the actuary referred to in subsection 1 of section 13. 1. subs. by act 41 of , s. 30 and the first schedule, for central government w.e.f. . 2. subs. by act 13 of , s. 34, for section 49 w.e.f. . 3. section 49 renumbered as subsection 1 thereof by act 47 of , s. 41 w.e.f. . 4. the words, brackets, letters and figures being an insurer specified in subclause a ii or subclause b of clause 9 of section 2 omitted by act 5 of , s. 58 w.e.f. . 5. subs. by act 42 of , s. 12, for balance sheet in form i as set forth in the fourth schedule w.e.f. . 6. the words and figures or to the central government under section 11 of the indian life insurance companies act, 7 of omitted by act 5 of , s. 58 w.e.f. 26.12.. 7. subs. by act 42 of , s. 12, for the second proviso w.e.f. . 8. ins. by act 47 of , s. 41 w.e.f. . 9. subs. by act 42 of , s. 12, for paragraph 81 of the abstract prepared in accordance with part ii of the fourth schedule to this act w.e.f. .

section 47a.. of the insurance act : claims on small life insurance policies. omitted by insurance laws amendment act, 5 of s. 56 w.e.f. .

section 50. of the insurance act : an insurer shall, 1before the expiry of three months from the date on which the premiums in respect of a policy of life insurance were payable but not paid, give notice to the policyholder informing hi m of the options available to him 2unless these are set forth in the policy. 1 subs. by act 11 of , s. 20, for within three months of the lapsing of policy of life insurance. 2 added by act 13 of , s. 35 w.e.f. .

section 48.. of the insurance act : directors of insurers being companies. omitted by s. 56, ibid. w.e.f. .

section 48a. insurance agent or intermediary or insurance intermediary not to be director in insurance company. of the insurance act : 148a. insurance agent or intermediary or insurance intermediary not to be director in insurance company. no insurance agent or intermediary or insurance intermediary shall be eligible to be or remain a director in insurance company: provided that any director holding office at the commencement of the insurance laws amendment act, 5 of shall not become ineligible to remain a director by reason of this section until the expiry of six months from the date of commencement of the said act: provided further that the authority may permit an agent or intermediary or insurance intermediary to be on the board of an insurance company subject to such conditions or restrictions as it may impose to protect the interest of policyholders or to avoid conflict of interest. 1. subs. by act 5 of , s. 57 w.e.f. .

section 48b. of the insurance act : 148b. further provision regarding directors.1 an insurer specified in subclause b of clause 9 of section 2 and carrying on life insurance business shall not have a common director with another such insurer. 2 the 2authority may, for such period, to such extent and subject to such conditions as it may specify, exempt from the operation of the section a any insurer, who is a subsidiary company of another insurer, or b two or more insurers, for the purpose of facilitating their amalgamation or the transfer of business of one insurer to the other. 1. ns. by act 47 of , s. 40 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for central government w.e.f. .

section 48c.. of the insurance act : appointment of additional directors. omitted by the insurance amendment act, 62 of , s. 21 w.e.f. .

section 51. of the insurance act : every insurer shall, on application by a policyholder and on payment of a fee not exceeding one rupee, supply to the policyholder certified copies of the question put to him and his answers thereto contained in his proposal for insurance and in the medical report supplied in connection therewith.

section 52b. of the insurance act : 1 the administrator shall conduct the management of the business of the insurer with the greatest economy compatible with efficiency and shall, as soon as may be possible, file with the 2authority a report stating which of the following courses is in the circumstances most advantageous to the general interests of the holders of life insurance policies, namely: a the transfer of the business of the insurer to some other insurer b the carrying on of its business by the insurer whether with the policies of the business continued for the original, sum insured with the addition of bonuses that attach to the policies or for reduced amounts c the winding up of the insurer and d such other course as he deems advisable. 2 on the filing of the report with the 1authority, the 1authority may take such action as he thinks fit for promoting the interests of the holders of life insurance policies in general. 3 any order passed by the 1authority under subsection 2 shall be binding on all persons concerned, and shall have effect notwithstanding anything in the memorandum or articles of association of the insurer, of a company. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 52a. of the insurance act : 152a. when administrator for management of insurance business may be appointed. 1 if at any time the authority has reason to believe that an insurer carrying on life insurance business is acting in a manner likely to be prejudicial to the interests of holders of life insurance policies, it may, after giving such opportunity to the insurer to be heard appoint an administrator to manage the affairs of the insurer under the direction and control of the authority. 2 the administrator shall receive such remuneration as the authority may direct and the authority may at any time cancel the appointment and appoint some other person as administrator. 1. ins. by act 47 of , s. 42 w.e.f. .

section 52. of the insurance act : 152. prohibition of business on dividing principle. no insurer shall commence any business upon the dividing principle, that is to say, on the principle that the benefit secured by a policy is not fixed but depends either wholly or partly on the result of a distribution of certain sums amongst policies becoming claims within certain timelimits, or on the principle that the premiums payable by a policyholder depend wholly or partly on the number of policies becoming claims within certain timelimits: provided that nothing in this section shall be deemed to prevent an insurer from allocating bonuses to holders of policies of life insurance as a result of a periodical actuarial valuation either as reversionary additions to the sums insured or as immediate cash bonuses or otherwise. 1. subs. by act 5 of , s. 59, for sections 52 and 52a w.e.f. .

section 52i.. of the insurance act : 152i. power of central government to make scheme. omitted by s. 65, ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52bb. of the insurance act : 152bb. powers of administrator respecting property liable to attachment under section 106. 1 if the administrator is satisfied that any person has rendered himself liable to be proceeded against under section 106, he may, pending the institution of proceedings against such person under that section, by order in writing, prohibit him or any other person from transferring or otherwise disposing of any property which, in the opinion of the administrator, would be liable to attachment in proceedings under that section. 2 any person aggrieved by an order made by the administrator under subsection 1 may, within fourteen days from the date on which the order is served on him, appeal against such order to 2the securities appellate tribunal and the securities appellate tribunal may pass such order thereon as it thinks fit. 3 an order made by the administrator under subsection 1 shall, subject to any other order made by the 3securities appellate tribunal on appeal, be in force for a period of three months from the date of of the order unless, before the expiry of the said period, an application is made under subsection 1 of section 106 to the court competent to exercise jurisdiction under that subsection, and when such an application is made, the order shall, subject to any order made by that court, continue in force as if it were an order of attachment made by that court in proceedings under that section. 4 an order made by the administrator under this section shall, a in the case of an order affecting a corporation or firm, be served in the manner provided for the service of summons in rule 2 of order xxix or rule 3 of order xxx, as the case may be, in the first schedule to the code of civil procedure, 5 of , and b in the case of an order affecting a person not being a corporation or firm, be served on such person i personally, by delivering or tendering to him the order, or ii by post, or iii where the person cannot be found, by leaving a copy of the order with some adult male member of his family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain, and every such order shall also be published in the official gazette. 5 if any question arises whether a person was duly served with an order under subsection 4, the publication of the order in the official gazette shall be conclusive proof that the order was so served, and a failure to comply with the provisions of clause a or clause b of subsection 4 shall not affect the validity of the order. 6 notwithstanding anything contained in this section, any property in respect of which an order has been made by the administrator may, with the previous permission of the administrator and subject to such terms and conditions as he may impose, be transferred or otherwise disposed of. 7 notwithstanding anything contained in any other law for the time being in force, the transfer or other disposition of any property in contravention of any order made by the administrator under this section or of any terms and conditions imposed by him shall be void. 8 for the purpose of enabling him to form an option as to whether any property would be liable to attachment in proceedings under section 106 or for the purpose of enabling him to institute proceedings under that section, the administrator may require any person to furnish information on such points or matters as, in the opinion of the administrator, may be relevant for the purpose, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 of the indian penal code 45 of . 9 the administrator shall have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing attendance of witnesses and examining them on oath b requiring the production of documents and c receiving evidence on affidavits. and any proceeding before the administrator under this section shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of indian penal code 45 of . 10 save as provided in this section or in section 106, and notwithstanding anything contained in any other law for the time being in force, a no suit or other legal proceeding shall lie in any court to set aside or modify any order of the administrator 4 made under this section, and b no court shall pass any decree, grant any injunction or make any other order which shall have the effect of nullifying or affection in any way any such order. 1. ins. by act 54 of , s. 2 w.e.f. . 2. subs. by act 5 of , s. 60, for the central government and the central government w.e.f. . 3. subs. by s. 60, ibid., for central government w.e.f. . 4. the words or the central government omitted by act 5 of , s. 60 w.e.f.

section 52c. of the insurance act : the administrator may, at any time during the continuance of his appointment with respect to an insurer and after giving an opportunity to the persons concerned to be heard, cancel or vary either unconditionally or subject to such conditions as he thinks fit to impose any contract or agreement other than a policy between the insurer and any other person which the administrator is satisfied is prejudicial to the interest of holders of life insurance policies.

section 52h.. of the insurance act : 152h. power of central government to acquire undertakings of insurers in certain cases. omitted by the insurance laws amendment act 5 of , s. 65 w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52d. of the insurance act : 152d. termination of appointment of administrator. if at any time, it appears to the authority that the purpose of the order appointing the administrator has been fulfilled or that, for any reason, it is undesirable that the order of appointment should remain in force, the authority may cancel the order and thereupon the administrator shall be divested of the management of the insurance business which shall, unless otherwise directed by the authority, again vest in the person in whom it was vested immediately prior to the appointment of the administrator or any other person appointed by the insurer in this behalf. 1. subs. by s. 61, ibid., for section 52d w.e.f. .

section 52j.. of the insurance act : 152j. compensation to be given to the acquired insurer. omitted by s. 65, ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52g. of the insurance act : 1 no suit, prosecution or other legal proceeding shall lie against an administrator for anything which is in good faith done or intended to be done in pursuance of 1section 52a, section 52b, section 52bb or section 52c. 2 no suit or other legal proceeding shall lie against the 2 the 3authority for any damage caused or likely to be caused by anything which is in good faith done of intended to be done under section 52a, section 52b, or section 52d. 1. subs. by act 54 of , s. 3, for sections 52a to 52c inclusive w.e.f. . 2. the words central government or omitted by act 5 of , s. 64 w.e.f. . 3. subs .by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 52k.. of the insurance act : 152k. constitution of the tribunal. omitted by s. 65, ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52e. of the insurance act : any order or decision of the 1authority made in pursuance of section 52a or section 52d shall be final and shall not be called in question in any court. 1. subs. by act 5 of , s. 62, for central government w.e.f. .

section 52f. of the insurance act : if any director or officer of the insurer or any other person fails to deliver to the administrator any books of account, registers or any other documents, in his custody relating to the business of the insurer the management of which has vested in the administrator, or retains any property of such insurer he shall be 1liable to penalty of rupees ten thousand each day during which such failure continues or rupees ten lakh, whichever is less. 1. subs. by s. 63, ibid., for punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both w.e.f. .

section 53. of the insurance act : 11 the tribunal may order the winding up in accordance with the companies act, 1 of of any insurance company and the provisions of that act shall, subject to the provisions of this act, apply accordingly. 2explanation. for the purpose of sections 53 to 61a, tribunal means the national company law tribunal constituted under subsection 1 of section 408 of the companies act, 18 of . 2 in addition to the grounds on which such an order may be based, the 3tribunal may order the winding up of an insurance company a if with the sanction of the 3tribunal previously obtained a petition in this behalf is presented by shareholders not less in number than one tenth of the whole body of shareholders and holding not less than onetenth of the whole share capital or by not less than fifty policyholders holding policies of life insurance that have been in force for not less than three years and are of the total value of not less than fifty thousand rupees or b if the 4authority, who is hereby authorised to do so, applies in this behalf of the 3tribunal on any of the following grounds, namely: 5 ii that the company having failed to comply with any requirement of this act has continued such failure 6or having contravened any provision of this act has continued such contravention for a period of three months after notice of such failure 6or contravention has been conveyed to the company by the 4authority, iii that it appears from 7any returns or statements furnished under the provisions of this act or from the results of any investigation made thereunder that the 8company is, or is deemed to be insolvent, or iv that the continuance of the company is prejudicial to the interest of the policyholders 9or to the public interest generally. 1 subs. by act 11 of , s. 133 and the schedule, for subsection 1 w.e.f. . 2 ins. by act 5 of , s. 66 w.e.f. . 3 subs. by act 11 of , s. 133 and the schedule serial no. 2 b, for court w.e.f. . 4 subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 5. subclause i omitted by act 5 of , s. 66 w.e.f. . 6 ins. by act 13 of , s. 37 w.e.f. . 7 subs. by act 62 or , s. 23, for the returns w.e.f. . 8 subs. by s. 23, ibid. for company is insolvent w.e.f. . 9 ins. by s. 23, ibid. w.e.f. .

section 53a. of the insurance act : 153a. unpaidup share capital.notwithstanding anything contained in any other law, in ascertaining for any purpose of this act the solvency or otherwise of an insurer no account shall be taken of any assets of the insurer consisting of unpaid up share capital. 1. ins. by act 6 of , s. 25 w.e.f. .

section 52l.. of the insurance act : 152l. tribunal to have powers of civil court. omitted by s. 65, ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52m.. of the insurance act : 152m. procedure of the tribunal. omitted by s. 65 ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 52n.. of the insurance act : 152n. special provisions for the dissolution of acquired insurers. omitted by s. 65, ibid. w.e.f. . 1. ins. by act 62 of , s. 22 w.e.f. .

section 57. of the insurance act : 1 where the insurance business or any part of the insurance business of an insurance company has been transferred to another insurance company under an arrangement in pursuance of which the first mentioned company in this section referred to as the secondary company or the creditors thereof has or have claims against the company to which such transfer was made in this section referred to as the principal company then, if the principal company is being wound up by 1, the 2tribunal shall subject as hereinafter mentioned order the secondary company to be wound up in conjunction with the principal company and may by the same or any subsequent order appoint the same person to be liquidator for the two companies and make provision for such other matters as may seem to the 2tribunal necessary with a view to the companies being wound up as if they were one company. 2 the commencement of the winding up of the principal company shall, save as otherwise ordered by the 2tribunal, be the commencement of the winding up of the secondary company. 3 in adjusting the rights and liabilities of the members of the several companies among themselves the 2tribunal, shall have regard to the constitution of the companies and to the arrangements entered into between the companies in the same manner as the 2tribunal, has regard to the rights and liabilities of different classes of contributories in the case of winding up of a single company or as near thereto as circumstances admit. 4 where any company alleged to be secondary is not in process of being wound up at the same time as the principal company to which it is alleged to be secondary, the 2tribunal shall not direct the secondary company to be wound up, unless, after hearing all objections if any that may be urged by or on behalf of the company against its being wound up, the 2tribunal is of opinion that the company is secondary to the principal company and that the winding up of the company in conjunction with the principal company is just and equitable. 5 an application may be made in relation to the winding up of any secondary company in conjunction with the principal company by any creditor of, or person interested in, the principal or secondary company. 6 where a company stands in the relation of a principal company to one insurance company and in the relation of a secondary company to some other insurance company or where there are several insurance companies standing in the relation of secondary companies to one principal company, the 2tribunal may deal with any number of such companies together or in separate groups as it thinks most expedient upon the principles laid down in this section. 1. the words or under the supervision of the court omitted by act 11 of , s. 133 and the schedule w.e.f. . 2/ subs. by s. 133 and the schedule serial no. 6b, ibid., for court w.e.f. .

section 54. of the insurance act : notwithstanding anything contained in the 1companies act, 1 of , an insurance company shall not be wound up voluntarily except for the purpose of affecting an amalgamation or a reconstruction of the company, or on the ground that by reason of its liabilities it cannot continue its business. 1. subs. by act 11 of , s. 133 and the schedule, for indian companies act, 7 of w.e.f. .

section 59.. of the insurance act : return of deposits. omitted by the insurance laws amendment act 5 of , s. 68 w.e.f. .

section 56. of the insurance act : 1 in the winding up of an insurance company and in the insolvency of any other insurer the value of the assets and the liabilities of the insurer in respect of life insurance business shall be ascertained separately from the value of any other assets or any other liabilities of the insurer and no such assets shall be applied to the discharge of any liabilities other than those in respect of life insurance business except in so far as those assets exceed the liabilities in respect of life insurance business. 2 in the winding up of an insurance company carrying on the business of life insurance or in the insolvency of any other insurer carrying on such business where any proportion of the profits of the insurer was before the commencement of the winding up or insolvency allocated to policyholders if, when the assets and liabilities of the insurer have been ascertained, there is found to be a surplus of assets over liabilities hereinafter referred to as a prima facie surplus there shall be added to the liabilities of the insurer in respect of the life insurance business an amount equal to such proportion of the prima facie surplus as is equivalent to such proportion of the profits allocated to shareholders and policyholders as was allocated to policyholders during the ten years immediately preceding the commencement of the winding up and the assets of the insurer shall be deemed to exceed his liabilities only in so far as those assets exceed those liabilities after such addition: provided that a if in any case there has been no such allocation or if it appears to the 1tribunal that by reason of special circumstances it would be inequitable that the amount to be added to the liabilities of the insurer in respect of the life insurance business should be an amount equal to such proportion as aforesaid, the amount to be so added shall be such amount as the 1tribunal may direct, and b for the purpose of the application of this subsection to any case where before the commencement of the winding up or insolvency a proportion of such profits as aforesaid of a branch only of the life insurance business in question has been allocated to policyholders, the value of the assets and liabilities of the insurer in respect of that branch shall be separately ascertained in like manner as the value of his assets and liabilities in respect of the life insurance business was ascertained, and the surplus so found, if any, of assets over liabilities shall, for the purpose of determining the amount to be added to the liabilities of the insurer in respect of the life insurance business be deemed to be the prima facie surplus. 1. subs. by s. 133 and the schedule serial no. 5, ibid., for court w.e.f. .

section 55. of the insurance act : 1 in the winding up of an insurance company or in the insolvency of any other insurer the value of the assets and the liabilities of the insurer shall be ascertained in such manner and upon such basis as the liquidator or receiver in insolvency thinks fit, subject, so far as applicable, to the rule contained in the 1seventh schedule and to any directions which may be given by the 2tribunal. 2 for the purposes of any reduction by the 3tribunal of the amount of the contracts of any insurance company the value of the assets and liabilities of the company and all claims in respect of policies issued by it shall be ascertained in such manner and upon such basis as the 3tribunal thinks proper having regard to the aforesaid. 3 the rule in the 4seventh schedule shall be of the same force and may be repealed, altered or amended as if it were a rule made in pursuance of 5section 643 of the companies act, 1 of , and rules may be made under that section for the purpose of carrying into effect the provisions of this act with respect to the winding up of insurance companies. 1. subs. by act 47 of , s. 43, for sixth schedule w.e.f. . 2. subs. by act 11 of , s. 133 and the schedule serial no. 4 a, for court w.e.f. . 3. subs. by act 11 of , s. 133 and the schedule serial no. 4a, for court w.e.f. . 4. subs. by act 47 of , s. 43, for sixth schedule w.e.f. . 5. subs. by act 11 of , s. 133 and the schedule, for section 246 of the indian companies act, 7 of w.e.f. .

section 61a. of the insurance act : 161a. appeal to national company law appellate tribunal. 1 any person aggrieved by an order or decision of the tribunal may prefer an appeal to the national company law appellate tribunal. 2 no appeal shall lie to the national company law appellate tribunal from an order made by the tribunal with the consent of parties. 3 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order or decision made by the tribunal is received by the appellant and it shall be in such from and accompanied by such fee as may be prescribed. provided that the national company law appellate tribunal may entertain an appeal after the expiry of said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, the national company law appellate tribunal shall, after giving parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the national company law appellate tribunal shall send a copy of every order made by it to the tribunal and parties to the appeal. 6 the appeal filed before the national company law appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal. 1. ins. by act 11 of , s. 133 and the schedule w.e.f. .

section 58. of the insurance act : 1 if at any time it appears expedient that the affairs of an insurance company in respect of any class of business comprised in the undertaking of the company should be wound up but that any other class of business comprised the undertaking should continue to be carried on by the company or be transferred to another insurer, a scheme for such purposes may be prepared and submitted for confirmation of the 1tribunal in accordance with the provisions of this act. 2 any scheme prepared under this section shall provide for the allocation and distribution of the assets and liabilities of the company between any classes of business affected including the allocation of any surplus assets which may arise on the proposed winding up, for any future rights of every class of policyholders in respect of their policies and for the manner of winding up any of the affairs of the company which are proposed to be wound up and may contain provisions for altering the memorandum of the company with respect to its objects and such further provisions as may be expedient for giving effect to the scheme. 3 the provisions of this act relating to the valuation of liabilities of insurers in liquidation and insolvency and to the application of surplus assets of the life insurance fund in liquidation or insolvency shall apply to the winding up of any part of the affairs of a company in accordance with the scheme under this section in like manner as they apply in the winding up of an insurance company, and any scheme under this section may apply with the necessary modifications any of the provisions of the indian companies act, 7 of relating to the winding up of companies. 24 an order of the tribunal confirming a scheme under this section whereby the memorandum of a company is altered with respect to its objects shall as respects the alteration have effect as if it were an order confirmed under section 4 of the companies act, 18 of , and the provisions of sections 7 and 17 of that act shall apply accordingly. 3 1. subs. by s. 133 and the schedule serial no. 7, ibid., for court w.e.f. . 2. subs. by act 5 of , s. 67, for subsection 4 w.e.f. . 3. subsection 5 omitted by act 62 of , s. 24 w.e.f. .

section 60. of the insurance act : in the winding up of an insurance company for the purposes of a cash distribution of the assets and in the insolvency of any other insurer the liquidator or assignee as the case may be in the case of all persons appearing by the books of the company or other insurer to be entitled to or interested in the policies granted by the company or other insurer shall ascertain the value of the liability of the company or other insurer to each such person and shall give notice of such value to those persons in such manner as the 1tribunal may direct and any person to whom notice is so given shall be bound by the value so ascertained unless he gives notice of his intention to dispute such value in such manner and within such time as may be specified by a rule or order of the 1tribunal. 1. subs. by act 11 of , s. 133 and the schedule serial no. 7, for court w.e.f. .

section 61. of the insurance act : 61. power of 1tribunal to reduce contracts of insurance. 1 where an insurance company is in liquidation or any other insurer is insolvent the 1tribunal may make an order reducing the amount of the insurance contracts of the company or other insurer upon such terms and subject to such conditions as the 1tribunal thinks just. 2 where a company carrying on the business of life insurance has been proved to be insolvent, the 1tribunal may if it thinks fit in place of making a winding up order reduce the amount of the insurance contracts of the company upon such terms and subject to such conditions as the 1tribunal thinks fit. 3 application for an order under this section may be made either by the liquidator or by or on behalf of the company or by a policyholder, or by the 2authority and by any person whom the 1tribunal thinks likely to be affected shall be entitled to be heard on any such application. 1. subs. by act 11 of , s. 133 and the schedule serial no. 7, for court w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 62. of the insurance act : where, by the law or practice of any country outside india in which an insurer carrying on insurance business in 1india is constituted, incorporated or domiciled, insurance companies incorporated in 1india are required as a condition of carrying on insurance business in that country to comply with any special requirement whether as to the keeping of deposits or assets in that country or otherwise which is not imposed upon insurers of that country under this act, the central government shall, if satisfied of the existence of such special requirement, by notification in the official gazette, direct that the same requirement, or requirements as similar thereto as may be, shall be imposed upon insurers of that country as a condition of carrying on the business of insurance in 1india. 1. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. .

section 63. of the insurance act : every insurer, having his principal place of business or domicile outside 1india who establishes a place of business within 1india or appoints a 2representative in 1india with the object of obtaining insurance business, shall, within three months from the establishment of such place of business or the appointment of such 2representative, file with the 3authority a a certified copy of the charter, statutes, deed of settlement or memorandum and articles or other instrument constituting or defining the constitution of the insurer, and, if the instrument is not written in the english language, a certified translation thereof, b a list of the directors, if the insurer is a company, c the name and address of some or more persons resident in 1india authorised to accept on behalf of the insurer service of process and any notice required to be served on the insurer, together with a copy of the powerofattorney granted to him, d the full address of the principal office of the insurer in 1india., e a statement of the classes of insurance business to be carried on by the insurer, and f a statement verified by an affidavit setting forth the special requirements, if any, of the nature specified in section 62 imposed in the country of origin of the insurer on indian nationals, and, in the event of any alteration being made in the address of the principal office or in the classes of business to be carried on, or in any instrument here referred to, or in the name of any of the persons here referred to, or in the matters specified in clause f above, the company shall forthwith furnish to the 3authority particulars of such alteration. 1. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 2. subs. by act 11 of , s. 23, for agent. 3. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 64. of the insurance act : every insurer, having his principal place of business or domicile outside 1india., shall keep at his principal office in 1india. such books of account, registers and documents as will enable the accounts, statements and abstracts which he is required under this act to furnish to the 2authority in respect of the insurance business transacted by him, in india to be compiled and, if necessary, checked by the 2authority 3and shall furnish to the 2authority on or before the last day of january in every calendar year a certificate from an auditor to the effect that the said books of account, register and documents are being kept as required at the principal office of the insurer in india. 1. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 3. added by act 47 of , s. 44 w.e.f. .

section 64e. of the insurance act : the authorities of the life insurance council and the general insurance council shall be the executive committee 1 constituted in the manner provided in this part. 1. the words the tariff committee and other committee thereof omitted by act 62 of , s. 25 w.e.f. .

section 64a.. of the insurance act : 1 264a. incorporation of the insurance association of india.omitted by insurance laws amendment act 5 of s. 70 w.e.f. . 1. ins. by act 47 of , s. 45 w.e.f. . 2. subs. by act 5 of , s. 69, for insurance association of india, councils of the association and committees thereof w.e.f. .

section 64b.. of the insurance act : 1264b. entry of names of members in the register.omitted by s. 70, ibid. w.e.f. . 1. ins. by act 47 of , s. 45 w.e.f. . 2. subs. by act 5 of , s. 69, for insurance association of india, councils of the association and committees thereof w.e.f. .

section 64g. of the insurance act : 1 any member of the executive committee of the life insurance council or of the general insurance council may resign his membership of the committee by notice in writing addressed to the chairman of the committee to that effect. 2 casual vacancies in the executive committee of the life insurance council or of the general insurance council, whether caused by resignation, death or otherwise, shall be filled 1in such manner as may be laid down in the byelaws of the council concerned, and any person so nominated to fill the vacancy shall hold office until the dissolution of the committee to which he has been nominated. 3 no act of the executive committee of the life insurance council or of the general insurance council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of the committee concerned. 1. subs. by act 5 of , s. 73, for by nomination by the authority w.e.f. .

section 64c. of the insurance act : 164c. councils of life insurance and general insurance.on and from the date of commencement of this act, a the existing life insurance council, a representative body of the insurers, who carry on the life insurance business in india and b the existing general insurance council, a representative body of insurers, who carry on general, health insurance business and reinsurance in india, shall be deemed to have been constituted as the respective councils under this act. 1. subs. by s. 71, ibid., for sections 64c and 64d w.e.f. .

section 64d. of the insurance act : 164d. authorisation to represent in councils.it shall be lawful for any member of the life insurance council or the general insurance council to authorise any of its officer to act as the representative of such member at any meeting of the council concerned. 1. subs. by s. 71, ibid., for sections 64c and 64d w.e.f. .

section 64j. of the insurance act : 1 the functions of the executive committee of the life insurance council shall bea to aid, advise and assist insurers carrying on life insurance business in the matter of setting up standards of conduct and sound practice and in the matter of rendering efficient service to holders of life insurance policies b to render advice to the 1authority in the matter of controlling the expenses of insurers in respect of their life insurance business in india c to bring to the notice of the 1authority the case of any insurer acting in a manner prejudicial to the interests of holders of life insurance policies d to act in any matter incidental or ancillary to any of the matters specified in clauses a to c as, with the approval of the 2authority, may be notified by the life insurance council in the gazette of india. 32 for the purpose of enabling it to effectively discharge its functions, the executive committee of the life insurance council may collect such fees as may be laid down in the byelaws made by the council from the insurers carrying on life insurance business. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by s. 30 and the first schedule, ibid., for central government w.e.f. . 3. subs. by act 5 of , s. 75, for subsection 2 w.e.f. .

section 64f. of the insurance act : 164f. executive committees of the life insurance council and the general insurance council.1 the executive committee of the life insurance council shall consist of the following persons, namely: a four representatives of members of the life insurance council elected in their individual capacity by the members in such manner as may be laid down in the byelaws of the council b an eminent person not connected with insurance business, nominated by the authority c three persons to represent insurance agents, intermediaries and policyholders respectively as may be nominated by the authority d one representative each from selfhelp groups and insurance cooperative societies: provided that one of the representatives as mentioned in clause a shall be elected as the chairperson of the executive committee of the life insurance council. 2 the executive committee of the general insurance council shall consist of the following persons, namely: a four representatives of members of the general insurance council elected in their individual capacity by the members in such manner as may be laid down in the byelaws of the council b an eminent person not connected with insurance business, nominated by the authority and c four persons to represent insurance agents, third party administrators, surveyors and loss assessors and policyholders respectively as may be nominated by the authority: provided that one of the representatives as mentioned in clause a shall be elected as the chairperson of the executive committee of the general insurance council. 3 if anybody of persons specified in subsections 1 and 2 fails to elect any of the members of the executive committees of the life insurance council or the general insurance council, the authority may nominate any person to fill the vacancy, and any person so nominated shall be deemed to be a member of the executive committee of the life insurance council or the general insurance council, as the case may be, as if he had been duly elected thereto. 4 each of the said executive committees may make byelaws for the transaction of any business at any meeting of the said committee. 5 the life insurance council or the general insurance council may form such other committees consisting of such persons as it may think fit to discharge such functions as may be delegated thereto. 6 the secretary of the executive committee of the life insurance council and of the executive committee of the general insurance council shall in each case be appointed by the executive committee concerned: provided that each secretary appointed by the executive committee concerned shall exercise all such powers and do all such acts as may be authorised in this behalf by the executive committee concerned. 1. subs. by act 5 of , s. 72, for section 64f w.e.f. .

section 64h. of the insurance act : 1 the duration of the executive committee of the life insurance council or the general insurance council shall be three years from the date of its first meeting on the expiry of which it shall stand dissolved and a new executive committee constituted. 2 notwithstanding the dissolution of the executive committee of the life insurance council or the general insurance council, the outgoing members thereof shall continue to hold office and discharge such administrative and other duties as may be prescribed until such time as a new executive committee of the life insurance council or the general council, as the case may be, shall have been constituted.

section 64i.. of the insurance act : power of executive committee of life insurance councile to hold examinations for insurance agents. omitted by insurance laws amendment act 5 of s. 74 w.e.f. .

section 64k. of the insurance act : 1 it shall be the duty of the executive committee of the life insurance council to meet at least once before the 31st day of march every year to advise the 1authority in fixing under the proviso to subsection 2 of section 40b the limits by which the actual expenses incurred by an insurer carrying on life insurance business in respect of such business in the preceding year may exceed the limits prescribed under that subsection, and in fixing any such limits the 1authority shall have due regard to the conditions obtaining in life insurance business generally during that year, and he may fix different groups of insurers. 2 where an insurer is guilty of contravening the provisions of section 40b with respect to the expenses of management, the 1authority may, after giving the insurer an opportunity of being heard, administer a warning to the insurer. 3 where within a period of seven years two warnings have been given to an insurer under subsection 2 and they have been disregarded by hi m, the 1authority may cause an investigation and valuation, as at such date as the 1authority may . specify, to be made at the expense of the insurer by an actuary appointed by the insurer for this purpose and approved by the 1authority, and the insurer shall place at the disposal of the said actuary all the materials required by hi m for the purpose of such investigation and valuation, within such period, not being less than three months, as the 1authority may specify. 4 the provisions of subsections 1 and 4 of section 13 and of subsections 1 and 2 of section 15, or, as the case may be, of subsection 2 of section 16 shall apply in relation to an investigation and valuation under this section: provided that the abstract and statement prepared as the result of such investigation and valuation shall be furnished by such date as the 2authority may specify. 5 there shall be appended to every such abstract a statement signed by the actuary giving such information as may be prescribed. 6 on receipt of the abstract and statement furnished in accordance with subsection 4, the 2authority may take such action as may be prescribed. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 64l. of the insurance act : 1 the functions of the executive committee of the general insurance council shall be a to aid and advise insurers, carrying on general insurance business, in the matter of setting up standards of conduct and sound practice and in the matter of rendering efficient service to holders of policies of general insurance b to render advice to the 1authority in the matter of controlling the expenses of such insurers carrying on business in india in the matter of commission and other expenses c to bring to the notice of the 1authority the case of any such insurer acting in a matter prejudicial to the interests of holders of general insurance policies d to act in any matter incidental or ancillary to any of the matters specified in clauses a to c as with the approval of the 2authority may be notified by the general insurance council in the gazette of india. 32 for the purpose of enabling it to effectively discharge its functions, the executive committee of the general insurance council may collect such fees as may be laid down in the byelaws made by the council from the insurers carrying on general insurance business. 4provided that if the general insurance council thinks fit, it may by a resolution passed by it, waive the collection of the prescribed fees for any year and where any such resolution has been approved by the 2authority, the executive committee of the general insurance council shall not collect any fees in relation to that year. 1 subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2 subs. by ibid., s. 30 and the first schedule serial no. 2, for central government w.e.f. . 3 subs. by act 5 of , s. 76, for subsection 2 w.e.f. . 4 ins. by act 62 of , s. 26 w.e.f. .

section 64p.. of the insurance act : regional councils. omitted by s. 27, ibid. w.e.f. .

section 64m. of the insurance act : 1 it shall be the duty of the executive committee of the general insurance council to meet at least once before the 31st day of march every year to advise the 1authority in fixing under the proviso to subsection 1 of section 40 c the limits by which the actual expenses of management incurred by an insurer carrying on general insurance business in respect of such business in the preceding year may exceed the limits prescribed under that subsection, and in fixing any such limits the 248 authority shall have due regard to the conditions obtaining in general insurance business in the preceding year, and he may fix different limits for different groups of insurers. 2 where an insurer is guilty of contravening the provisions of section 40c with respect to the expenses of management the 2authority may, after giving the insurer an opportunity of being heard, administer a warning to the insurer. 3 where in any case two warnings given to an insurer under subsection 2 have been disregarded by hi m, the 2authority may take such action against the insurer as may be prescribed. 1. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 64n. of the insurance act : 1the authority may specify the circumstances in which, the manner in which, and the conditions subject to which, the executive committee of the life insurance council and the executive committee of the general insurance council may hold joint meetings for the purpose of dealing with any matter of common interest to both committees, and it shall be lawful for the two committees at any such joint meeting to delegate any matter under consideration for the determination of a subcommittee appointed for this purpose from amongst the members of the two committees. 1. subs. by act 5 of , s. 77, for the central government may prescribe w.e.f. .

section 64r. of the insurance act : 1 for the efficient performance of its duties, the life insurance council or the general insurance council as the case may be, may a appoint such officers and servants as may be necessary and fix the conditions of their service b determine the manner in which any prescribed fee may be collected 2c keep and maintain uptodate, a copy of list of all insurers who are members of the either council d 3make byelaws for i the holding of elections other than the first elections ii the summoning and holding of meetings, the conduct of business thereat and the number of persons necessary to form a quorum iii the submission by insurers to the executive committee of the life insurance council, or the general insurance council, of such statements or information as may be required of them and the submission of copies thereof by the insurers to the 1authority iv the levy and collection of any fees v the regulation of any other matter which may be necessary for the purpose of enabling it to carry out its duties under this act. 2 the life insurance council or the general insurance council may authorise the executive committee concerned 4 to exercise any of the powers conferred on the life insurance council or the general insurance council, as the case may be, under clause a, clause b , clause c of subsection 1. 1 subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 2 subs. by s. 78, ibid., for clause c w.e.f. . 3 subs. by s. 78, ibid., for with the previous approval of the authority make regulations for w.e.f. . 4. the words or the tariff committee appointed under section 64o omitted by act 62 of , s. 28 w.e.f. .

section 64o.. of the insurance act : power of general insurance council to regulate rates of insurance, etc.omitted by the insurance amendment act, 62 of , s. 27 w.e.f. .

section 64q.. of the insurance act : functions of the regional councils.omitted by s. 27, ibid. w.e.f. .

section 64s.. of the insurance act : power of central government to remove difficulties. omitted by insurance laws amendment act 5 of s. 79 w.e.f. .

section 64t.. of the insurance act : power to exempt. omitted by s. 79, ibid. w.e.f. .

section 64u. of the insurance act : 164u. establishment of tariff advisory committee. omitted by insurance laws amendment act 5 of s. 80 w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ue. of the insurance act : 164ue. power of the advisory committee to require information, etc. omitted by s. 80, ibid, w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ua. of the insurance act : 164ua. composition of the advisory committee. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ub. of the insurance act : 164ub. power to make rules in respect of matters in this part. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64uc. of the insurance act : 164uc. power of the advisory committee to regulate rates, advantages, etc. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ud. of the insurance act : 164ud. transitional provisions. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64uf. of the insurance act : 164uf. assets and liabilities of the general insurance council to vest in the advisory committee. omitted by ibid. s. 80 w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ug. of the insurance act : 164ug. contracts, etc., to be effective by or against the advisory committee. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64uh. of the insurance act : 164uh. employees, etc., to continue.omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64ui. of the insurance act : 164ui. duty of person having custody or control of property to deliver such property to the advisory committee. omitted by s. 80, ibid, w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64um. of the insurance act : 164um. surveyors or loss assessors. 1 save as otherwise provided in this section, no person shall act as a surveyor or loss assessor in respect of general insurance business after the expiry of a period of one year from the commencement of the insurance laws amendment act, 5 of , unless he a possesses such academic qualifications as may be specified by the regulations made under this act and b is a member of a professional body of surveyors and loss assessors, namely, the indian institute of insurance surveyors and loss assessors: provided that in the case of a firm or company, all the partners or directors or other persons, who may be called upon to make a survey or assess a loss reported, as the case may be, shall fulfill the requirements of clauses a and b. 2 every surveyor and loss assessor shall comply with the code of conduct in respect of his duties, responsibilities and other professional requirements, as may be specified by the regulations made under the act. 3 notwithstanding anything contained in the foregoing provisions, a class or class of persons acting as a licensed surveyor or loss assessor prior to the commencement of the insurance laws amendment act, 5 of shall continue to act as such for such period as may be specified by the regulations made under this act: provided that the surveyor or loss assessor shall, within the period as may be notified by the authority, satisfy the requirements of clause a and clause b of subsection 1, failing which, the surveyor or loss assessor shall be automatically disqualified to act as a surveyor or loss assessor. 4 no claim in respect of a loss which has occurred in india and requiring to be paid or settled in india equal to or exceeding an amount specified in the regulations by the authority in value on any policy of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the insurance laws amendment act, 5 of , shall, unless otherwise directed by the authority, be admitted for payment or settled by the insurer unless he has obtained a report, on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor hereafter referred to as approved surveyor or loss assessor: provided that nothing in this subsection shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor. 5 the authority may, at any time, in respect of any claim of the nature referred to in subsection 4, call for an independent report from any other approved surveyor or loss assessor specified by him and such surveyor or loss assessor shall furnish such report to the authority within such time as may be specified by the authority or if no time limit has been specified by him within a reasonable time and the cost of, or incidental to, such report shall be borne by the insurer. 6 the authority may, on receipt of a report referred to in subsection 5, issue such directions as it may consider necessary with regard to the settlement of the claim including any direction to settle a claim at a figure less than, or more than, that at which it is proposed to settle it or it was settled and the insurer shall be bound to comply with such directions: provided that where the authority issues a direction for settling a claim at a figure lower than that at which it has already been settled, the insurer shall be deemed to comply with such direction if he satisfies the authority that all reasonable steps, with due regard to the question whether the expenditure involved is not disproportionate to the amount required to be recovered, have been taken with due dispatch by him: provided further that no direction for the payment of a lesser sum shall be made where the amount of the claim has already been paid and the authority is of opinion that the recovery of the amount paid in excess would cause undue hardship to the insured: provided also that nothing in this section shall relieve the insurer from any liability, civil or criminal, to which he would have been subject but for the provisions of this subsection. 7 no insurer shall, after the expiry of a period of one year from the commencement of the insurance laws amendment act, 5 of pay to any person any fee or remuneration for surveying, verifying or reporting on a claim of loss under a policy of insurance unless the person making such survey, verification or report is an approved surveyor or loss assessor. 8 where, in the case of a claim of less than the amount specified in subsection 4 in value on any policy of insurance it is not practicable for an insurer to employ an approved surveyor or loss assessor without incurring expenses disproportionate to the amount of the claim, the insurer may employ any other person not being a person disqualified for the time being for being employed as a surveyor or loss assessor for surveying such loss and may pay such reasonable fee or remuneration to the person so employed as he may think fit. 9 the authority may in respect of any claim of value of less than the amount specified in subsection 4 on an insurance policy, if the claim has not been or is not proposed to be reported upon by a surveyor or loss assessor, direct that such claim shall be reported upon by an approved surveyor or loss assessor and where the authority makes such direction, the provisions of subsections 5 and 6 shall apply in respect of such claim. 10 where, in relation to any class of claims, the authority is satisfied that it is customary to entrust the work of survey or loss assessment to any person other than a licensed surveyor or loss assessor, or it is not practicable to make any survey or loss assessment, it may, by an order, exempt such class of claims from the operation of this section. 1. subs. by act 5 of , s. 82, for section 64um w.e.f. .

section 64uj. of the insurance act : 164uj. power of the advisory committee to constitute regional committees. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64v. of the insurance act : 164v. assets and liabilities how to be valued. 1 for the purpose of ascertaining compliance with the provisions of section 64va, assets shall be valued at value not exceeding their market or realisable value and certain assets may be excluded by the authority in the manner as may be specified by the regulations made in this behalf. 2 a proper value shall be placed on every item of liability of the insurer in the manner as may be specified by the regulations made in this behalf. 3 every insurer shall furnish to the authority along with the returns required to be filed under this act, a statement, certified by an auditor, approved by the authority, in respect of general insurance business or an actuary approved by the authority in respect of life insurance business, as the case may be, of his assets and liabilities assessed in the manner required by this section as on the 31st day of march of each year within such time as may be specified by the regulations. 1. subs. by act 5 of , s. 83, for sections 64v and 64va w.e.f. .

section 64uk. of the insurance act : 164uk. levy of fees by the advisory committee. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 64vb. of the insurance act : 1 no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until the premium payable is received by him or is guaranteed to be paid by such person in such manner and within such time as may be prescribed or unless and until deposit of such amount as may be prescribed, is made in advance in the prescribed manner. 2 for the purposes of this section, in the case of risks for which premium can be ascertained in advance, the risk may be assumed not earlier than the date on which the premium has been paid in cash or by cheque to the insurer. explanation. where the premium is tendered by postal money order or cheque sent by post, the risk may be assumed on the date on which the money order is booked or the cheque is posted, as the case may be. 3 any refund of premium which may become due to an insured on account of the cancellation of a policy or alteration in its terms and conditions or otherwise shall be paid by the insurer directly to the insured by a crossed or order cheque or by postal money order and a proper receipt shall be obtained by the insurer from the insured, and such refund shall in no case be credited to the account of the agent. 4 where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or dispatch by post to, the insurer, the premium so collected in full without deduction of his commission within twentyfour hours of the collection excluding bank and postal holidays. 5 the central government may, by rules, relax the requirements of subsection 1 in respect of particular categories in insurance policies. 16 the authority may, from time to time, specify, by the regulations made by it, the manner of receipt of premium by the insurer. 1. ins. by act 42 of , s. 13 w.e.f. .

section 64ul. of the insurance act : 164ul. power to remove difficulties. omitted by s. 80, ibid. w.e.f. . 1. ins. by s. 29, ibid, w.e.f. .

section 66.. of the insurance act : restrictions on provident societies. omitted by s. 85, ibid. w.e.f. .

section 64ula. of the insurance act : 164ula. transitional provisions. 1 notwithstanding anything contained in this part, until the rates, advantage and terms and conditions laid down by the advisory committee under section 64uc are denotified by the authority with effect from such date as the authority may by notification in the official gazette determine, and the rates, advantages and terms and conditions are decided by the insurer concerned, the rates, advantages and terms and conditions notified by the advisory committee shall continue to be in force and shall always be deemed to have been in force and any such rates, advantages and terms and conditions shall be binding on all the insurers. 2 the authority shall, in consultation with the central government, prepare a scheme for the existing employees of the tariff advisory committee on its dissolution, keeping in view the interests of such employees on such terms and conditions as it may, by order, determine. 1. ins. by act 5 of , s. 81 w.e.f. .

section 64va. of the insurance act : 164va. sufficiency of assets. 1 every insurer and reinsurer shall at all times maintain an excess of value of assets over the amount of liabilities of, not less than fifty per cent. of the amount of minimum capital as stated under section 6 and arrived at in the manner specified by the regulations. 2 an insurer or reinsurer, as the case may be, who does not comply with subsection 1, shall be deemed to be insolvent and may be woundup by the court on an application made by the authority. 3 the authority shall by way of regulation made for the purpose, specify a level of solvency margin known as control level of solvency on the breach of which the authority shall act in accordance with the provisions of subsection 4 without prejudice to taking of any other remedial measures as deemed fit: provided that if in respect of any insurer the authority is satisfied that either by reason of an unfavourable claim experience or because of a sharp increase in the volume of new business, or for any other reason, compliance with the provisions of this subsection shall cause undue hardship to the insurer, it may direct that for such period and subject to such conditions as it may specify, the provisions of this subsection shall apply to that insurer with such modifications provided that such modifications shall not result in the control level of solvency being less than what is stipulated under subsection 1. 4 if, at any time, an insurer or reinsurer does not maintain the required control level of solvency margin, he shall, in accordance with the directions issued by the authority, submit a financial plan to the authority, indicating a plan of action to correct the deficiency within a specified period not exceeding six months. 5 an insurer who has submitted a plan, as required under subsection 4, the authority shall propose modifications to the plan, if the authority considers the same inadequate, and in such an eventuality, the authority shall give directions, as may be deemed necessary, including direction in regard to transacting any new business, or, appointment of an administrator or both. 6 an insurer or reinsurer, as the case may be, who does not comply with the provisions of subsection 4 shall be deemed to have made default in complying with the requirements of this section. 7 the authority shall be entitled at any time to take such steps as it may consider necessary for the inspection or verification of the assets and liabilities of any insurer or reinsurer, or for securing the particulars necessary to establish that the requirements of this section have been complied with as on any date, and the insurer or reinsurer, as the case may be, shall comply with any requisition made in this behalf by the authority, and in the event of any failure to do so within two months from the receipt of the requisition, the insurer or reinsurer, as the case may be, shall be deemed to have made default in complying with the requirements of this section. 8 in applying the provisions of subsection 1 to any insurer or reinsurer, as the case may be, who is a member of a group, the relevant amount for that insurer shall be an amount equal to that proportion of the relevant amount which that group, if considered as a single insurer, would have been required to maintain as the proportion of his share of the risk on each policy issued by the group bears to the total risk on that policy: provided that when a group of insurers ceases to be a group, every insurer in that group who continues to carry on any class of insurance business in india shall comply with the requirements of subsection 1 as if he had not been an insurer in a group at any time: provided further that it shall be sufficient compliance of the provisions of the foregoing proviso if the insurer brings up the excess of the value of his assets over the amount of his liabilities to the required amount within a period of six months from the date of cessation of the group: provided also that the authority may, on sufficient cause being shown, extend the said period of six months by such further periods as it may think fit, so, however that the total period may not in any case exceed one year. 9 every insurer shall furnish to the authority return giving details of solvency margin in such form, time, manner including its authentication as may be specified by the regulations. 1. subs. by act 5 of , s. 83, for sections 64v and 64va w.e.f. .

section 68.. of the insurance act : insurable interest. omitted by s. 85, ibid. w.e.f. .

section 64vc. of the insurance act : 164vc. restrictions on opening of new place of business.no insurer shall, after the commencement of the insurance amendment act, 62 of , open a new place of business or close a place in india or outside india or change otherwise than within the same city, town or village, the location of an existing place of business situated in india or outside india, except in the manner as may be specified by the regulations. 1. subs. by act 5 of , s. 84, for section 64vc .

section 65.. of the insurance act : definition of provident society.omitted s. 85, ibid. w.e.f. .

section 70.. of the insurance act : registration. omitted by s. 85, ibid. w.e.f. .

section 65a.. of the insurance act : prohibition of transaction of insurance business by provident societies other than public companies or cooperative societies. omitted by the insurance laws amendment act, 5 of s. 85 w.e.f. .

section 67.. of the insurance act : name. omitted by s. 85, ibid. w.e.f. .

section 71.. of the insurance act : prohibition of managing agents. omitted by s. 85, ibid. w.e.f. .

section 69.. of the insurance act : dividing business. omitted by s. 85, ibid. w.e.f. .

section 70a.. of the insurance act : renewal of registration. omitted by s. 85, ibid. w.e.f. .

section 70b.. of the insurance act : supplementary information and reports of alterations in particulars furnished with application for registration. omitted by s. 85, ibid. w.e.f. .

section 76.. of the insurance act : supply of copy of rules. omitted by s. 85, ibid. w.e.f. .

section 72.. of the insurance act : working capital. omitted by s. 85, ibid. w.e.f. .

section 73.. of the insurance act : deposits. omitted by s. 85, ibid. w.e.f. .

section 73a.. of the insurance act : restriction on name of provident society. omitted by s. 85, ibid. w.e.f. .

section 77.. of the insurance act : registered office. omitted by s. 85, ibid. w.e.f. .

section 78.. of the insurance act : publication of authorized capital to contain also subscribed and paid up capital. omitted by s. 85, ibid. w.e.f. .

section 74.. of the insurance act : rules. omitted by s. 85, ibid. w.e.f. .

section 80.. of the insurance act : revenue account, balancesheet and annual statements. omitted by s. 85, ibid. w.e.f. .

section 75.. of the insurance act : amendment of rules. omitted by s. 85, ibid. w.e.f. .

section 79.. of the insurance act : registered and books. omitted by s. 85, ibid. w.e.f. .

section 81.. of the insurance act : actuarial report and abstract. omitted by s. 85, ibid. w.e.f. .

section 87a.. of the insurance act : amalgamation and transfer of insurance business. omitted by s. 85, ibid. w.e.f. .

section 82.. of the insurance act : submission of returns to authority. omitted by s. 85, ibid. w.e.f. .

section 83.. of the insurance act : actuarial examination of schemes. omitted by s. 85, ibid. w.e.f. .

section 84.. of the insurance act : separation of accounts and funds. omitted by s. 85, ibid. w.e.f. .

section 85.. of the insurance act : investment funds. omitted by s. 85, ibid. w.e.f. .

section 87.. of the insurance act : inquiry by or on behalf of superintendent of insurance. omitted by the insurance laws amendment act, 5 of s. 85 w.e.f. .

section 86.. of the insurance act : inspection of books. omitted by s. 85, ibid. w.e.f. .

section 92.. of the insurance act : procedure at liquidation. omitted by s. 85, ibid. w.e.f. .

section 88.. of the insurance act : winding up by court and voluntary winding up. omitted by s. 85, ibid. w.e.f. .

section 89.. of the insurance act : reduction of insurance contracts. omitted by s. 85, ibid. w.e.f. .

section 91.. of the insurance act : powers of liquidator. omitted by s. 85, ibid. w.e.f. .

section 90.. of the insurance act : appointment of liquidator. omitted by s. 85, ibid. w.e.f. .

section 90a.. of the insurance act : application of act to liquidators. omitted by s. 85, ibid. w.e.f. .

section 98a.. of the insurance act : prohibition of loans. omitted by s. 86, ibid. w.e.f. .

section 93.. of the insurance act : dissolution of provident society. omitted by s. 85, ibid. w.e.f. .

section 98.. of the insurance act : deposits to be made by mutual insurance companies and cooperative life insurance societies. omitted by s. 86, ibid. w.e.f. .

section 94.. of the insurance act : nominations and assignments. omitted by s. 85, ibid. w.e.f. .

section 94a. of the insurance act : insurance cooperative society to be an insurer. omitted by s. 85, ibid. w.e.f. .

section 99.. of the insurance act : transferees and assignees of policies not to become members. omitted by s. 86, ibid. w.e.f. 26 .

section 95.. of the insurance act : definitions. omitted by the insurance laws amendment act, 5 of s. 86 w.e.f. 26 .

section 101a. of the insurance act : 1101a. reinsurance with indian reinsurers.1 every insurer shall reinsure with indian reinsurers such percentage of the sum assured on each policy as may be specified by the 2the authority with the previous approval of the central government under subsection 2. 2 for the purposes of subsection 1, 3the authority may, by notification in the official gazette, a specify the percentage of the sum assured on each policy to be reinsured and different percentages may be specified for different classes of insurance: provided that no percentage so specified shall exceed thirty per cent. of the sum assured on such policy and b also specify the proportions in which the said percentage shall be allocated among the indian reinsurers. 3 notwithstanding anything contained in subsection 1, an insurer carrying on fire insurance business in india may, in lieu of reinsuring the percentage specified under subsection 2 of the sum assured on each policy in respect of such business, reinsure with indian reinsurers such amount out of the first surplus in respect of that business as he thinks fit, so however that, the aggregate amount of the premiums payable by hi m on such reinsurance in any year is not less than the said percentage of the premium income without taking into account premiums on reinsurance ceded or accepted in respect of such business during that year. explanation.for the purposes of this subsection, the year shall be deemed to mean the period from 1st april tothe 31st december of that year. 4 a notification under subsection 2 may also specify the terms and conditions in respect of any business of reinsurance required to be transacted under this section and such terms and conditions shall be binding on indian reinsurers and other insurers. 5 no notification under subsection 2 shall be issued except after consultation with the advisory committee constituted under section 101b. 6 every notification issued under this section shall be laid before each house of parliament, as soon as may be, after it is made. 7 for the removal of doubts, it is hereby declared that nothing in subsection 1 shall be construed as preventing an insurer from reinsuring with any indian reinsurer or other insurer the entire sum assured on any policy or any portion thereof in excess of the percentage specified under subsection 2. 8 in this section, i policy means a policy issued or renewed on or after the 1st day of april, , in respect of general insurance business transacted in india and does not include a reinsurance policy and 4 ii indian reinsurer means an indian insurance company which has been granted a certificate of registration under subsection 2a of section 3 by the authority to carry on exclusively the reinsurance business in india. 1. ins. by act 11 of , s. 2 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for the central government w.e.f. . 3. subs. by s. 30 and the first schedule, ibid., for the central government w.e.f. . 4. subs. by act 42 of , s. 15, for cause ii w.e.f. .

section 96.. of the insurance act : application of act to mutual insurance companies and cooperative life insurance societies. omitted by s. 86, ibid. w.e.f. .

section 101b. of the insurance act : 1 1the authority with the previous approval of the central government shall, for the purposes of section 101 a, constitute an advisory committee consisting of not more than five persons having special knowledge and experience of the business of insurance. 2 the term of office of, and the allowances payable to, members of the advisory committee, the procedure to be followed by, and the quorum necessary for the transaction of business of, the committee and the manner of filling casual vacancies therein shall be such as may be 2determined by the regulations made by the authority. 1. subs. by act 41 of , s. 30 and the first schedule, for the central government w.e.f. . 2. subs. by s. 30 and the first schedule, ibid., for prescribed w.e.f. .

section 97.. of the insurance act : working capital of mutual insurance companies and cooperative life insurance societies. omitted by s. 86, ibid. w.e.f. .

section 101c. of the insurance act : 1101c. examination of reinsurance treaties.the 2authority may, at any time, a call upon an insurer to submit for his examination at the principal place of business of the insurer in india all reinsurance treaties and other reinsurance contracts entered into by the insurer b examine any officer of the insurer on oath in relation to any such document as is referred to in clause a above or c by notice in writing, require any insurer to supply him with copies of any of the documents referred to in clause a, certified by a principal officer of the insurer. 1. ins. by act 62 of , s. 33 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 100.. of the insurance act : publication of notices and documents of mutual insurance companies and cooperative life insurance societies. omitted by s. 86, ibid. w.e.f. .

section 103. of the insurance act : 1103. penalty for carrying on insurance business in contravention of section 3.if a person carries on the business of insurance without obtaining a certificate of registration under section 3, he shall be liable to a penalty not exceeding rupees twentyfive crores and with imprisonment which may extend to ten years. 1. subs. by s. 88, ibid., for sections 103 and 104 w.e.f. .

section 101.. of the insurance act : supply of documents to members. omitted by s. 86, ibid. w.e.f. .

section 102. of the insurance act : 1102. penalty for default in complying with, or act in contravention of, this act. if any person, who is required under this act, or rules or regulations made thereunder, a to furnish any document, statement, account, return or report to the authority, fails to furnish the same or b to comply with the directions, fails to comply with such directions c to maintain solvency margin, fails to maintain such solvency margin d to comply with the directions on the insurance treaties, fails to comply with such directions on the insurance treaties, he shall be liable to a penalty 2of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less. 1. subs. by s. 30 and the first schedule, ibid., for sections 102 to 105 w.e.f. . 2. subs. by act 5 of , s. 87, for not exceeding five lakh rupees for each such failure and punishable with fine w.e.f. .

section 104. of the insurance act : 1104. penalty for contravention of sections 27, 27a, 27b, 27d and 27e. if a person fails to comply with the provisions of section 27, section 27a, section 27b, section 27d and section 27e, he shall be liable to a penalty not exceeding twentyfive crore rupees. 1. subs. by s. 88, ibid., for sections 103 and 104 w.e.f. .

section 106a. of the insurance act : 1106a. notice to and hearing of 2authority.1 when application is made to the court for the making of any order to which this section applies, the court shall, unless the 2authority has himself made the application or has been made a party thereto, send a copy of the application together with intimation of the date fixed for the hearing thereof to the 4authority, and shall give him an opportunity of being heard. 2 the orders to which this section applies are the following, namely: 3 4 c an order under section 36 sanctioning any arrangement for the transfer or amalgamation of life insurance business or any order consequential thereon d an order for the winding up of an insurance company 5 e an order under section 58 confirming a scheme for the partial winding up of an insurance company 6 1. ins. by act 20 of , s. 14 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 3. clause a omitted by act 5 of , s. 91 w.e.f. . 4. clause b omitted by s. 91, ibid. w.e.f. . 5. the words r a provident society omitted by s. 91, ibid. w.e.f. . 6. clause f omitted by s. 91, ibid. w.e.f. .

section 105. of the insurance act : if any director, managing director, manager or other officer or employee of an insurer wrongfully obtains possession of any property or wrongfully applies to any purpose of the act, he shall be liable to a penalty 1not exceeding one crore rupees. 1. subs. by act 5 of , s. 89, for not exceeding two lakh rupees for each such failure w.e.f. .

section 105a. of the insurance act : 1 where any offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes i a firm and ii an association of persons or a body of individuals whether incorporated or not and b director, in relation to i a firm, means a partner in the firm ii an association of persons or a body of individuals, means any member controlling the affairs thereof.

section 105b. of the insurance act : 1105b. penalty for failure to comply with sections 32b, 32c and 32d. if an insurer fails to comply with the provisions of section 32b, section 32c and section 32d, he shall be liable to a penalty not exceeding twentyfive crore rupees. 1. subs. by s. 90, ibid., for sections 105b and 105c w.e.f. .

section 107.. of the insurance act : previous section of advocate general for institution of proceedings. omitted by the insurance laws amendment act, 5 of s. 92 w.e.f. .

section 105c. of the insurance act : 1105c. power to adjudicate. 1 for the purpose of adjudication under subsection 2 of section 2cb, subsection 4 of section 34b, subsection 3 of section 40, subsection 2 of section 41, subsections 4 and 5 of section 42, subsections 8 and 9 of section 42d, section 52f and section 105b, the authority, shall appoint any officer not below the rank of a joint director or an equivalent officer to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard. 2 upon receipt of the inquiry report from the officer so appointed, the authority, after giving an opportunity of being heard to the person concerned, may impose any penalty provided in sections aforesaid. 3 while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if on such inquiry, is satisfied that the person has failed to comply with the provisions of any of the sections specified in subsection 1, he may recommend such penalty as he thinks fit in accordance with the provisions of any of those sections. 1. subs. by s. 90, ibid., for sections 105b and 105c w.e.f. .

section 105d. of the insurance act : 1105d. factors to be taken into account by the adjudicating officer.while recommending the quantum of penalty under section 105c, the adjudicating officer and while imposing such penalty, the authority shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the amount of loss caused to the policyholders as a result of the default and c the repetitive nature of default. 1. subs. by s. 90, ibid., for sections 105b and 105c w.e.f. .

section 106. of the insurance act : 1106 . power of court to order restoration of property of insurer or compensation in certain cases. 1 if, on the application of the 276authority or an administrator appointed under section 52 a or an insurer or any policyholder or any member of an insurance company or the liquidator of an insurance company in the event of the insurance company being in liquidation, the court is satisfied a that any insurer including in any case where the insurer is an insurance company any person who has taken part in the promotion or formation of the insurance company or any past or present director, managing agent, manager, secretary or liquidator or any officer, employee or agent of the insurer, i has misapplied or retained or become liable or become accountable for any money or property of the insurer or ii has been guilty of any misfeasance or breach of trust in relation to the insurer or b that any person, whether he is or has been in any way connected with the affairs of the insurer not, is in wrongful possession of any money or property of the insurer or having any such money or property in hi s possession wrongfully withholds it or has converted it to any use other than that of the insurer or c that by reason of any contravention of the provisions of this act, the amount of the life insurance fund has been diminished, the court may examine any such insurer, director, managing agent, manager, secretary or liquidator or any such officer, employee or agent of the insurer or such other person, as the case may be, and may compel hi m to contribute such sums to the assets of the insurer by way of compensation in respect of the misapplication, retainer, misfeasance or breach of trust as the court thinks fit, or to pay such sum as may be found due from hi m in respect of any money or property of the insurer for which he is liable or accountable or to restore any money or property of the insurer or any part thereof, as the case may be and where the amount of the life insurance fund has been diminished by reason of any contravention of the provisions of this act, the court shall have power to assess the sum by which the amount of the fund has been diminished and to order the person guilty of such contravention to contribute to the fund the whole or any part of that sum by way of compensation and in any of the aforesaid cases the court shall have power to order interest to be paid at such rate and from such time as the court may deem fit. 2 without prejudice to the provisions contained in subsection 1 or subsection 3, where it is proved that any money or property of an insurer has disappeared or has been lost, the court shall presume that every person in charge of, or having a disposing power over, such money or property at the relevant time whether a director, manager, principal officer or any other officer has become accountable for such money or property within the meaning of subclause 1 of clause a of subsection 1, and the provisions of that subsection shall apply accordingly, unless such person proves that the money or property has been utilised or disposed of in the ordinary course of the business of the insurer and for the purpose of that business or that he took all reasonable steps to prevent the disappearance or loss of such money or all property or otherwise satisfactorily accounts for such disappearance or loss. 3 where the insurer is an insurance company and any of the acts referred to in clauses a, b and c of subsection 1 has been committed by any person, every person who was at the relevant time a director, managing agent, manager, liquidator, secretary or other officer of the insurance company shall, for the purposes of that subsection, be deemed to be liable for that act in the same manner and to the same extent as the person who has committed the act, unless he proves that the act was committed without hi s consent or connivance and was not facilitated by any neglect or omission on hi s part. 4 where at any stage of the proceedings against any person under this section he rein after referred to as the delinquent, the court is satisfied by affidavit or otherwise a that a prima facie case has been made out against the delinquent and b that it is just and proper so to do in the interests of the policyholders of an insurer or of the members of an insurance company, the court may direct the attachment of i any property of the insurer in the possession of the delinquent ii any property of the delinquent which belongs to hi m or is deemed to belong to hi m within the meaning of subsection 5 iii any property transferred by the delinquent within two years before the commencement of proceedings under subsection 1 or during the pendency of such proceedings, if the court is satisfied by affidavit or otherwise that the transfer was otherwise than in good faith and for consideration. 5 for the purposes of subsection 4, the following classes of property shall be deemed to belong to a delinquent: a any property standing in the name of any person which is reason of the person being connected with the delinquent, whether by way of relationship or otherwise, or on account of any other relevant circumstances appears to belong to the delinquent b the property of a private company in respect of the affairs of which the delinquent, by himself or through hi s nominees, relatives, partners or persons interested in any shares of the company is able to exercise or is entitled to acquire control, whether direct or indirect. explanation. for the purposes of this section a person shall be deemed to be a nominee of a delinquent, if, whether directly or indirectly, he possesses on behalf of the delinquent, or may be required to exercise on the direction or on behalf of the delinquent, any right or power which is of such a nature as to enable the delinquent to exercise or to entitle the delinquent to acquire control over the companys affairs. 6 any claim to any property attached under this section or any objection to such attachment shall be made by an application to the court, and it shall be for the claimant or objector to adduce evidence to show that the property is not liable to attachment under this section, and the court shall proceed to investigate the claim or objection in a summary manner. 7 when disposing of an application under subsection 1, the court shall, after giving all persons who appear to it to be interested in any property attached under this section an opportunity of being heard, make such order as it thinks fit respecting the disposal of any such property for the purpose of effectually enforcing any liability under this section, and all such persons shall be deemed to be parties to the proceedings under this section. 8 in any proceedings under this section the court shall have full power and exclusive jurisdiction to decide all questions of any nature whatsoever arising thereunder and, in particular, with respect to any property attached under this section, and no other court shall have jurisdiction to decide any such question in any suit or other legal proceeding. 9 in making any order with respect to the disposal of the property of any private company referred to in clause b of subsection 5, the court shall have due regard to the interests of all persons interested in such property other than the delinquent and persons referred to in that clause. 10 this section shall apply notwithstanding that the act is one for which the person concerned may be criminally liable. 11 in proceedings under this section the court shall have all the powers which a court has under section 237 of the indian companies act, 7 of . 12 this section shall apply in respect of a provident society as defined in part iii as it applies in respect of an insurer. 13 on and from and commencement of the insurance second amendment act, , the court entitled to exercise jurisdiction under this section shall be the high court within whose jurisdiction the registered office of the insurer is situate he rein after referred to as the high court and any proceedings under this section pending at such commencement in any court other than the high court shall, on such commencement, stand transferred to the high court. 14 the high court may make rules providing for a the manner in which enquiries and proceedings may be held under this section b any other matter for which provision has to be made for enabling the high court to effectively exercise its jurisdiction under this section. 1. subs. by act 54 of , s. 4, for section 106 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 107a., to be public servants. of the insurance act : chairman, etc. to be public servant. omitted by s. 92, ibid. w.e.f.

section 110c. of the insurance act : 2110c. power to call for information. 1 the 1chairperson of the authority may, by notice in writing, require any insurer to supply him with any information relating to his insurance business, and the insurer shall comply with such requirement within such period after receipt of the notice as may be specified therein. 2 any information supplied under this section shall be certified by a principal officer of the insurer and if the notice so requires also by an auditor. 1. subs. by act 41 of , s. 30 and the first schedule serial no. 43, for controller w.e.f. . 2. ins. by act 47 of , s. 59 w.e.f.

section 108. of the insurance act : if any proceedings, civil or criminal, it appears to the court hearing the case that a person is or may be liable in respect of negligence, default, breach of duty or breach of trust but that he has acted honestly and reasonably and that having regard to all the circumstances of the case he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, the court may relievehim either wholly or partly from his liability on such terms as it may think fit.

section 109. of the insurance act : 1109. cognizance of offence. no court shall take cognizance of any offence punishable under this act or any rules or any regulations made thereunder, save on a complaint made by an officer of the authority or by any person authorised by it. 1. subs. by s. 93, ibid., for section 109 w.e.f. .

section 110. of the insurance act : show related subordinates 1 110. appeal to securities appellate tribunal. 1 any person aggrieved a by an order of the authority made on and after the commencement of the insurance laws amendment act, 5 of , or under this act, the rules or regulations made thereunder or b by an order made by the authority by way of adjudication under this act, may prefer an appeal to the securities appellate tribunal having jurisdiction in the matter. 2 every appeal made under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the authority is received by him and it shall be in such a form and be accompanied by such fees as may be prescribed: provided that the securities appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the securities appellate tribunal may, after giving parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, conforming, modifying or setting aside the order appealed against. 4 the securities appellate tribunal shall make available copy of order made by it to the authority and parties. 5 the appeal filed before the securities appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of appeal. 6 the procedure for filing and disposing of an appeal shall be such as may be prescribed. 7 the provision contained in section 15u, section 15v, section 15w, section 15y and section 15z of the securities and exchange board of india act, 15 of shall apply to the appeals arising out of the provisions of this act, as they apply to the appeals under the securities and exchange board of india act, 15 of . 1. subs. by s. 94, ibid., for section 110 w.e.f. . rules yeardescriptionfiles insurance appeal to securities appellate tribunal rules,

section 110a. of the insurance act : 1110a. delegation of powers and duties of 2chairperson of the authority. the 2chairperson of the authority may by general or special order delegate any of his powers or duties under this act to any person subordinate to him. the exercise or discharge of any of the powers or duties so delegated shall be subject to such restrictions, limitations and conditions, if any, as the 2chairperson of the authority may impose, and shall be subject to his control and revision. 1. ins. by act 20 of , s. 14 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule serial no. 43, for controller w.e.f. .

section 110d. of the insurance act : 1110d. certain claims for compensation barred. no person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions contained in section 34 or section 34a or section 34e or section 37a or by reason of the compliance by an insurer with any order or direction given to hi m under this act. 1. ins. by act 62 of , s. 37 w.e.f. .

section 110b. of the insurance act : 1110b. signature of documents. every document which is required by this act or by any rule made thereunder to be signed by the 2chairperson of the authority or by any person subordinate to him or by any officer authorised by him under subsection 1 of section 42 shall be deemed to be properly signed, if it bears a facsimile of the signature of such 2chairperson of the authority, person or officer printed, engraved, lithographed or impressed by any other mechanical process approved by the central government. 1. ins. by act 20 of , s. 14 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule serial no. 43, for controller w.e.f. .

section 110e.. of the insurance act : sections 3a, 27b, 28b, 33, etc., to apply to general insurance business of the life insurance corporation of india. omitted by the insurance laws amendment act, 5 of s. 95 w.e.f. .

section 110f. of the insurance act : the provisions of sections 3, 3a, 27b, 28b, 33, 34 clause a of sections 34e, 34f, 40c, 44a, 64u to 64um both inclusive, 64v, 64va, 64vb, 64vc, and 101a, 101c, 110d, 110g and 110h shall notwithstanding any exemption granted under section 118, also apply, so far as may be, to and in relation to the general insurance business carried on by a state government or a government company as defined in section 617 of the companies act, 1 of .

section 110g.. of the insurance act : provisions applicable to state governments. etc. omitted by the insurance laws amendment act, 5 of s. 96 w.e.f. .

section 114. of the insurance act : show related subordinates 1 the central government may, subject to the condition of previous publication by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe 1 2 3aaa t the conditions and manner of foreign investment under subclause b of clause 7a of section 2 4b the manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this act to be insurance business transacted 5 in 6india 7 8 d the form referred to in clause d of subsection 2 of section 16 e the manner in which the prospectuses and tables referred to in subsection 1 of section 41 shall be published and the form in which they shall be drawn up 9 10 h the contingencies other than those specified in clauses a to f of 11subsection 2 of section 65 on the happening of which money may be paid by provident societies i the matters other than those specified in clauses a to o of subsection 1 of section 74 on which a provident society shall make rules j the form of any account, return or registered required by the part iii and the manner in which such account, return or register shall be verified k subject to the provisions of this act, the fees payable thereunder and the manner in which they are to be collected 12. l the conditions and the matters which may be prescribed under subsections 5, 136, 10 and 12 of section 92 14la the manner of inquiry under subsection l of section 105c lb the form in which an appeal may be preferred under subsection 2 and the fee payable in respect of such appeal and the procedure for filing and disposing of an appeal under subsection 6 of section 110 15 16m any other matter which is to be or may be prescribed. 17 183 every rule made under this section or under subsection 10 of section 34h 19 and every regulation made under this part shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 204 all rules made by a local government under the provisions of section 24 of the provident insurance societies act, 5 of and in force at the commencement of this act shall so far as not inconsistent with the provisions of part iii continue in force and have effect as if duly made under this section until they are replaced by rules made under this section. 1. clause a omitted by act 42 of , s. 16 w.e.f. . 2. clause aa omitted by act 5 of , s. 100 w.e.f. . 3. subs. by act 6 of , s. 4, for clause aaa w.e.f. . 4. subs. by act 13 of , s. 62, for clause b w.e.f. . 5. the words in india or omitted by act 62 of , s. 2 and the schedule w.e.f. . 6. subs. by s. 2 and the schedule, ibid., for the states w.e.f. 7. the words as the case may be omitted by act s. 2 and the schedule, ibid., w.e.f. . 8. clause c omitted by act 5 of , s. 100 w.e.f. . 9. clause f omitted by s. 100, ibid. w.e.f. . 10. clause g omitted by act 41 of , s. 30 and the first schedule w.e.f. . 11. ins. by act 20 of , s. 16 w.e.f. . 12. the word and omitted by act 20 of , s. 16 w.e.f. . 13. ins. by act 11 of , s. 32. 14. ins. by act 5 of , s. 100 w.e.f. . 15. clause ll omitted by act 41 of , s. 30 and the first schedule w.e.f. . 16. ins. by act 20 of , s. 16 w.e.f. . 17. the proviso omitted by ibid, s. 16 w.e.f. . 18. subs. by act 20 of , s. 2 and the schedule, for subsection 3 w.e.f. . 19. the words, brackets, figures and letters or under subsection 1 of section 64ub and every regulation made under subsection 3 of section 64ub omitted by act 5 of , s. 100 w.e.f. . 20. subsection 3 renumbered as subsection 4 thereof by act 20 of , s. 16 w.e.f. .

section 110h.. of the insurance act : appeals. omitted by the insurance laws amendment act, 5 of s. 95 w.e.f. .

section 110ha. of the insurance act : 1110ha. penalty to be recoverable as arrear of land revenue. any penalty imposed by the authority under this act shall be recoverable as an arrear of land revenue. 1. ins. by act 5 of , s. 97 w.e.f. .

section 114a. of the insurance act : 1114a. power of authority to make regulations.1 the authority may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder, to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: 2a manner of making application for registration and documents to be accompanied under subsection 2 of section 3 b the manner of suspension or cancellation of registration under subsection 5e of section 3 c such fee, not exceeding five thousand rupees, as may be determined by the regulations for issue of a duplicate certificate of registration under subsection 7 of section 3 3d such annual fee to the authority and manner of payment under subsection 1 of section 3a 4 da such minimum annuity and other benefits to be secured by the insurer under section 4 daa determination of preliminary expenses that may be excluded for calculation of the stipulated paidup equity capital for the insurers under subsection 1 of section 6 db such equity capital and such forms of capital including hybrid capital required under subsection i of section 6a 5 4ea separation of account of all receipts and payments in respect of each classes and subclasses of insurance business as required under subsection 1 and subsection 2aa of section 10 and its waiver under the said section f the preparation of balancesheet, profit and loss account and a separate account of receipts and payments and revenue account 6under subsection 1 of section 11 7g the manner in which an abstract of the report of the actuary to be specified and the form and manner in which the statement referred to in section 13 shall be appended 4ga maintenance of records of policies and claims under clause c of subsection 1 of section 14 gb manner and form of issuance of policies in electronic form under subsection 2 of section 14 8h the fee for procuring a copy of return or any part thereof under subsection i of section 20 9i investment of assets and further provisions regarding investments by an insurer and investment by insurers in certain cases under sections 27, 27a, 27b, 27c and time, manner and other conditions of investment of assets under section 27d 10ia the form in which a return giving details of investments made, time and manner including its authentication under section 28 ib the loans including the loans sanctioned to the fulltime employees of the insurer under clause a of subsection 3 of section 29 ic the sum to be paid by the insurer to any person under section 31b id the obligation of insurer in respect of rural or social or unorganised sector and backward classes under sections 32b and 32c ie the minimum percentage of insurance business in third party risks of motor vehicles under section 32d 11j the minimum information to be maintained by insurers or intermediary or insurance intermediary, as the case may be, in their books, the manner in which such information shall be maintained, the checks and other verifications in that connection and all other matters incidental thereto under subsection 7 of section 33 12ja the form in which balancesheets in respect of the insurance business of each of the insurers concerned and the manner in which actuarial reports and abstracts in respect of the life insurance business are to be prepared under clauses b and c of subsection 3 of section 35 jb the manner of assessment of compensation under the proviso to subsection 4a of section 37a jc the fee to be charged by the insurer under subsection 3 of section 39 jd the manner and amount of remuneration or reward to be paid or received by way of commission or otherwise to an insurance agent or an intermediary or insurance intermediary under section 40 je the manner and form of expenses of management under sections 40b and 40c 13 14 15m the requisite qualifications or practical training or examination to be passed for appointment as an insurance agent under clause e of subsection 3 of section 42 16 17o the code of conduct under clause h of subsection 3 of section 42 18 q the manner and the fees for issue of a licence to an intermediary or an insurance intermediary under subsection 1 of section 42d r the fee and the additional fee to be determined for renewal of licence of intermediaries or insurance intermediaries under subsection 3 of section 42d s the requisite qualifications and practical training of intermediaries or insurance intermediaries under clause e of subsection 5 of section 42d t the examination to be passed to act as an intermediary or insurance intermediary under clause f of subsection 5 of section 42d u the code of conduct under clause g of subsection 5 of section 42d v the fee for issue of duplicate licence under subsection 7 of section 42d 19 20 vb the requirements of capital, form of business and other conditions to act as an intermediary or insurance intermediary under 21 section 42e vc the form of balancesheet, as may be specified by the authority under subsection 1 of section 49 22 23x academic qualifications and code of conduct for surveyors and loss assessors under subsections 1 and 2 of section 64um xa the period for which a person may act as a surveyor or loss assessor under subsection 3 of section 64um 24y the manner of exclusion of certain assets under subsection 1, the manner of valuation of liabilities under subsection 2 and time for furnishing statement under subsection 3 of section 64v z the valuation of assets and liabilities under subsection 3 of section 64v 25za the matters specified under subsection 1 of section 64va relating to sufficiency of assets zaa the manner of receipt of premium to be specified under subsection 6 of section 64vb 26zab the form, time, manner including authentication of the return giving details of solvency margin under subsection 9 of section 64va zac the manner of opening and closing places of business under section 64vc zb the matters relating to reinsurance under sections 101a and 101b 27zba the norms for surrender value of life insurance policy under subsection 1 of section 113 zc the matters relating to redressal of grievances of policyholders to protect their interest and to regulate, promote and ensure orderly growth of insurance industry and zd any other matter which is to be, or may be, specified by the regulations made by the authority or in respect of which provision is to be made or may be made by the regulations. 3 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 41 of , s. 30 and the first schedule w.e.f. . 2. subs. by act 5 of , s. 101, for clauses a and aa w.e.f. . 3. subs. by act 5 of , s. 101, for clause d w.e.f. . 4. ins. by s. 101, ibid. w.e.f. . 5. clause e omitted by s. 101, ibid. w.e.f. . 6. subs. by s. 101, ibid., for under subsection 1a of section 11 w.e.f. . 7. subs. by s. 101, ibid., for clause g w.e.f. . 8. subs. by s. 101, ibid., for clause h w.e.f. . 9. subs. by s. 101, ibid., clause i w.e.f. . 10. subs. by s. 101, ibid., for clauses ia, ib, ic, id and ie w.e.f. . 11. subs. by act 5 of , s. 101, for clause j w.e.f. . 12. ins. by s. 101, ibid. w.e.f. . 13. clause k omitted by s. 101, ibid. w.e.f. . 14. clause l omitted by s. 101, ibid. w.e.f. . 15. subs. by s. 101, ibid., for clause m w.e.f. . 16. clause n omitted by s. 101, ibid. w.e.f. . 17. subs. by s. 101, ibid., for clause o w.e.f. . 18. clause p omitted by s. 101, ibid. w.e.f. . 19. ins. by act 42 of , s. 17 w.e.f. . 20. clause va omitted by act 5 of , s. 101 w.e.f. . 21. the words, brackets and figure subsection 2 of omitted by s. 101, ibid. w.e.f. . 22. clause w omitted by s. 101, ibid. w.e.f. . 23. subs. by s. 101, ibid., for clause x w.e.f. . 24. subs. by s. 101, ibid., for clause y w.e.f. . 25. subs. by s. 101, ibid., for clause za w.e.f. . 26. ins. by s. 101, ibid. w.e.f. . 27. ins. by s. 101, ibid. w.e.f. .

section 115. of the insurance act : the 1authority may, on the application or with the consent of an insurer, not being a company, alter the forms contained in the schedules as respect that insurer, for the purpose of adapting them to the circumstances of that insurer: provided that nothing done under this section shall exempt the insurer from supplying all information required under this act so far as it is possible for the insurer to do so. 1. subs. by act 41 of , s. 30 and the first schedule, central government w.e.f. .

section 112. of the insurance act : notwithstanding anything to the contrary contained in this act, an insurer carrying on the business of life insurance shall be at liberty to declare an interim bonus or bonuses to policyholders whose policies mature for payment by reason of death or otherwise during the intervaluation period on the recommendation of the investigating of actuary made at the last preceding valuation.

section 111. of the insurance act : 1 any process or notice required to be served on an insurer 1 shall be sufficiently served if addressed to any person registered with the 2authority as a person authorised to accept notices on behalf of the insurer 1 and left at, or sent by registered post to the address of such person as registered with the 2authority. 2 any notice or other document which is by this act required to be sent to any policyholder may be addressed and sent to the person to whom notices respecting such policy are usually sent and any notice so addressed and sent shall be deemed to be notice to the holder of such policy: provided, that, where any person claiming to be interested in a policy as transferee, assignee or nominee has given to an insurer 3 notice in writing of his interest, any notice which is by this act required to be sent to policyholders shall also be sent to such person at the address specified by him in his notice. 1. the words or provident society omitted by s. 98, ibid. w.e.f. 26.12.. 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. . 3. the words or to a provident society omitted by act 5 of , s. 98 w.e.f. .

section 113. of the insurance act : 1113. acquisition of surrender value by policy. 1 a policy of life insurance shall acquire surrender value as per the norms specified by the regulations. 2 every policy of life insurance shall contain the formula as approved by the authority for calculation of guaranteed surrender value of the policy. 3 notwithstanding any contract to the contrary, a policy of life insurance under a nonlinked plan which has acquired a surrender value shall not lapse by reason of nonpayment of further premiums but shall be kept in force to the extent of paidup sum insured, calculated by means of a formula as approved by the authority and contained in the policy and the reversionary bonuses that have already been attached to the policy: provided that a policy of life insurance under a linked plan shall be kept in force in the manner as may be specified by the regulations. 4 the provisions of subsection 3 shall not apply i where the paidup sum insured by a policy, inclusive of attached bonuses, is less than the amount specified by the authority or takes the form of annuity of amount less than the amount specified by the authority or ii when the parties, after the default has occurred in payment of the premium, agree in writing to other arrangement. 1. subs. by s. 99, ibid., for section 113 w.e.f. .

section 116. of the insurance act : 11 the central government may, by notification in the official gazette, exempt any insurer constituted, incorporated or domiciled in 2any country or state outside 3india 4from any of the provisions of this act which may be specified in the notification either absolutely or subject to such conditions or modification as may be specified in the notification. 5 62 this section shall apply in respect of provident societies as defined in part iii as it applies in respect of insurers. 1. section 116 renumbered as subsection 1 thereof by act 13 of , s. 63 w.e.f. . 2. subs. by act 47 of , s. 60, for a part b state w.e.f. . 3. subs. by act 62 of , s. 2 and the schedule, for the states w.e.f. . 4. subs. by act 20 of , s. 17, for certain words w.e.f. . 5. the proviso omitted by act 47 of , s. 60 w.e.f. 6. added by act 13 of , s. 63 w.e.f. .

section 116a. of the insurance act : 2116a. summary of returns to be publishedthe 3central government, before the date of commencement of the insurance regulatory and development authority act, 41 of shall every year cause to be published, in such manner as it may direct, a summary of the accounts, balancesheet, statements, abstracts and other returns under this act or purporting to be under this act which have been furnished in pursuance of the provisions of this act to the 1authority during the year preceding the year of publication, and may append to such summary any note of the 1authority or of the 3central government, before the date of commencement of the insurance regulatory and development authority act, , and any correspondence: provided that nothing in this section shall require the publication of the 4statement referred to in subsection 2 of section 10 of the returns referred to in subsection 1 of section 28 5or 6section 28a or section 28b or the statements referred to in subsection 2 of section 31b or section 40b. 1. subs. by act 41 of , s. 30 and the first schedule, central government w.e.f. . 2. ins. by s. 64, ibid. w.e.f. . 3. subs. by act 41 of , s. 30 and the first schedule, for central government w.e.f. . 4. subs. by act 6 of , s. 47, for statements w.e.f. . 5. ins. by act 47 of , s. 61 w.e.f. . 6. subs. by act 62 of , s. 38, for section 28a w.e.f. .

section 121. of the insurance act : amendment of section 130, act iv of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f. .

section 117. of the insurance act : nothing in this act shall affect the liability of an insurer being a company 1or a provident society as defined in part iii being a company to comply with the provisions of the indian companies act, 7 of , in matters not otherwise specifically provided for by this act. 1. ins. by act 13 of , s. 65 w.e.f. .

section 118.exemptions of the insurance act : 1118. exemptionsnothing in this act shall apply a to any trade union registered under the indian trade unions act, 16 of or b to any provident fund to which the provisions of the provident funds act, 19 of , apply or c if the central government so orders in any case, and to such extent or subject to such conditions or modifications as may be specified in the order, to any insurance business carried on by the central government or a state government or a government company as defined in section 617 of the companies act, 1 of or d if the 2authority so orders in any case, and to such extent or subject to such conditions or modifications as may be specified in the order, to i any approved superannuation fund as defined in clause a of section 58n of the indian income tax act, 11 of or ii any fund in existence and officially recognised by the central government before the 27th day of january, , maintained by or on behalf of government servants or government pensioners for the mutual benefit of contributors to the fund and of their dependants or iii any mutual or provident insurance society composed wholly of government servants or of railway servants which has been exempted from any or all of the provisions of the provident insurance societies act, 5 of . 1. subs. by act 35 of , s. 5, for section 118 w.e.f. . 2. subs. by act 41 of , s. 30 and the first schedule, for controller w.e.f. .

section 122. of the insurance act : amendment of schedule i. act 9 of . rep. by s. 2 and the first schedule ibid, w.e.f. .

section 123. of the insurance act : repeals. rep. by s. 2 and the first schedule ibid, w.e.f. .

section 119. of the insurance act : 2119. inspection and supply of copies of published prospectus, etc.any person may on payment of a fee of five rupees inspect the documents filed by an insurer with the 1authority under clause f of subsection 2 of section 3, and may obtain a copy of any such document or part thereof on payment in advance at the prescribed rate for the making of the copy. 1. subs. by act 35 of , s. 5, for section 118 w.e.f. . 2. subs. by act 13 of , s. 67, for section 119 w.e.f. .

section 118a. of the insurance act : 1118a. powers of authority not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the authority under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 120. of the insurance act : the market value on the day of deposit of securities deposited in pursuance of any of the provisions of this act with the reserve bank of india shall be determined by the reserve bank of india whose decision shall be final.

section 4ba. of the delhi special police establishment act : 1 24ba. director of prosecution. 1 there shall be a directorate of prosecution headed by a director who shall be an officer not below the rank of joint secretary to the government of india, for conducting prosecution of cases under this act. 2 the director of prosecution shall function under the overall supervision and control of the director. 3 the central government shall appoint the director of prosecution on the recommendation of the central vigilance commission. 4 the director of prosecution shall nothwithstanding anything to the contrary contained in the rules relating to hi conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office. 1. subs. by act 45 of , s. 26, for section 4 w.e.f. . 2. ins. by act 1 of , s. 58 and the schedule w.e.f. .

section 1. of the delhi special police establishment act : 1 this act may be called the delhi special police establishment act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir which were subs. by act 3 of , s. 3 and the schedule, for except part b state omitted by act 62 of , s. 2 and the sch.

section 2. of the delhi special police establishment act : 1 notwithstanding anything in the police act, 5 of , the central government may constitute a special police force to be called the delhi special police establishment 1 for the investigation 2in any 3union territory of offences notified under section 3. 2 subject to any orders which the central government may make in this behalf, members of the said police establishment shall have throughout 4any 3union territory, in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers, duties, privileges and liabilities which police officers of 5that union territory have in connection with the investigation of offences committed therein. 3 any member of the said police establishment of or above the rank of subinspector may, subject to any orders which the central government may make in this behalf, exercise in 4any 3union territory any of the powers of the officer in charge of a police station in the area in which he is for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer in charge of a police station discharging functions of such an officer within the limits of his station. 1. the words for the state of delhi omitted by act 26 of , s. 3. 2. subs. by s. 3, ibid., for in that state. 3. subs., by the a.o. , for part c state. 4. subs., ibid., for the state of delhi. 5. subs., ibid., for that state.

section 4b. of the delhi special police establishment act : 14b. terms and conditions of service of director.1 the director shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office. 2provided that the period for which the director holds the office on his initial appointment may, in public interest, on the recommendation of the committee under subsection 1 of section 4a and for the reasons to be recorded in writing, be extended up to one year at a time :. provided further that no such extension shall be granted after the completion of a period of five years in total including the period mentioned in the initial appointment.. 2 the director shall not be transferred except with the previous consent of the committee referred to in subsection 1 of section 4a. 1. subs. by act 45 of , s. 26, for section 4 w.e.f. . 2 ins. by act 45 of , s. 2 w.e.f. .

section 1a. of the delhi special police establishment act : 11a. interpretation section. words and expressions used herein and not defined but defined in the central vigilance commission act, 45 of , shall have the meanings, respectively, assigned to them in that act. 1. ins. by act 45 of , s. 26 w.e.f. .

section 3. of the delhi special police establishment act : the central government may, by notification in the official gazette, specify the offences or classes of offences 1 which are to be investigated by the delhi special police establishment. 1. the words committed in connection with matters concerning departments of the central government omitted by act 26 of , s. 5.

section 4c. of the delhi special police establishment act : 14c. appointment for posts of superintendent of police and above, extension and curtailment of their tenure, etc.21 the central government shall appoint officers to the posts of the level of superintendent of police and above except director, and also recommend the extension or curtailment of the tenure of such officers in the delhi special police establishment, on the recommendation of a committee consisting of : a the central vigilance commissioner chairperson b vigilance commissioners members c secretary to the government of india in members charge of the ministry of home d secretary to the government of india in charge of the members: department of personnel provided that the committee shall consult the director before submitting its recommendation to the central government. 2 on receipt of the recommendation under subsection 1, the central government shall pass such orders as it thinks fit to give effect to the said recommendation. 1. subs. by act 45 of , s. 26, for section 4 w.e.f. . 2. subs. by s. 58 and the schedule, ibid., for subsection 1 w.e.f. .

section 5. of the delhi special police establishment act : 1 the central government may by order extend to any area including railway areas 1in 2a state, not being a union territory the powers and jurisdiction of members of the delhi special police establishment for the investigation of any offences or classes of offences specified in a notification under section 3. 2 when by an order under subsection 1 the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the central government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of the police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. 33 where any such order under subsection 1 is made relation to any area, then, without prejudice prejudice to the provisions of subsection 2, any member of the delhi special police establishment of or above the rank of subinspector may, subject to any orders which the central government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station. 1. subs. by act 26 of , s. 5, for in india outside the state of delhi. 2. subs. by the a.o. , for a part a state or a part b state. 3. ins. by act 40 of , s. 5.

section 6a. of the delhi special police establishment act : 16a. approval of central government to conduct, inquiry or investigation. 1 the delhi special police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 49 of except with the previous approval of the central government where such allegation relates to a the employees of the central government of the level of joint secretary and above and b such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government. 2 notwithstanding anything contained in subsection 1, no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause c of the explanation to section 7 of the prevention of corruption act, 49 of . 1. ins. by act 45 of , s. 26 w.e.f. .

section 4. of the delhi special police establishment act : 14. superintendence and administration of special police establishment.1 the superintendence of the delhi special police establishment in so far as it relates to investigation of offences alleged to have been committed under the prevention of corruption act, 49 of , shall vest in the commission. 2 save as otherwise provided in subsection 1, the superintendence of the said police establishment in all other matters shall vest in the central government. 3 the administration of the said police establishment shall vest in an officer appointed in this behalf by the central government hereinafter referred to as the director who shall exercise in respect of that police establishment such of the powers exercisable by an inspectorgeneral of police in respect of the police force in a state as the central government may specify in this behalf. 1. subs. by act 45 of , s. 26, for section 4 w.e.f. .

section 4a. of the delhi special police establishment act : 14a. committee for appointment of director.21 the central government shall appoint the director on the recommendation of the committee consisting of a the prime minister chairperson 3b the leader of opposition recognised member as such in the house of the people or where there is no such leader of opposition, then the leader of the single largest opposition party in that house c the chief justice of india or judge of the supreme member. court nominated by him 42 no appointment of a director shall be invalid merely by reason of any vacancy or absence of a member in the committee. 3 the committee shall recommend a panel of officers a on the basis of seniority, integrity and experience in the investigation of anticorruption cases and b chosen from amongst officers belonging to the indian police service constituted under the allindia services act, 61 of , for being considered for appointment as the director. 1. subs. by act 45 of , s. 26, for section 4 w.e.f. . 2. subs. by act 1 of , s. 58 and the schedule, for subsection 1 w.e.f. . 3. subs. by act 28 of , s. 2, for clause b w.e.f. . 4. ins. by s. 2, ibid. w.e.f. .

section 7.. of the delhi special police establishment act : repeal of ordinance 22 of . rep. by the repealing and amending act, 35 of , s. 2 and sch. i.

section 6. of the delhi special police establishment act : 16. consent of state government to exercise of powers and jurisdiction.nothing contained in section 5 shall be deemed to enable any member of the delhi special police establishment to exercise powers and jurisdiction in any area in 2a state, not being a union territory or railway area, without the consent of the government of that state. 1. subs. by act 26 of , s. 6 for section 6. 2. subs. by the a.o. , for a part a state or a part b state, not being a railway area.

section 8.. of the punjab laws act : subs. by the punjab descent of jaghirs act, pun. 4 of , s. 2.

section 1. of the punjab laws act : this act may be called the panjab laws act, .

section 7. of the punjab laws act : all local customs and mercantile usages shall be regarded as valid, unless they are contrary to justice, equity or good conscience, or have, before the passing of this act, been declared to be void by any competent authority.

section 2. of the punjab laws act : it extends to the territories 1which immediately before the 1st november, , were comprised in the states of panjab and delhi, but not so as to alter the effect of any regulations made for any parts of the said territories under the 2statute 33 vict, section 1 and it shall come into force on the first day of june, . 1. subs. for constituting the states of punjab and delhi by 2 a.l.o., w.e.f. . 2. rep. by the government of india act, .

section 3. of the punjab laws act : the regulations, acts and orders specified in the first schedule hereto annexed are in force in the 1territories to which this act extends to the extent specified in the third column of the said schedule. 1. subs. for states of punjab and delhi by 2 a.l.o., w.e.f. .

section 8a.. of the punjab laws act : subs. by the punjab descent of jaghirs act, pun. 4 of , s. 2.

section 6. of the punjab laws act : in cases not otherwise specially provided for, the judges shall decide according to justice, equity and good conscience.

section 4.. of the punjab laws act : repealed by the second repealing and amending act, 17 of , section 3 and schedule ii.

section 5. of the punjab laws act : 15. decisions in certain cases to be according to native law.in questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be 1 any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished and has not been declared to be void by any competent authority 2 the muhammadan law, in cases where the parties are muhammadans, and the hindu law, in cases where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this act, or has been modified by any such custom as is above referred to. 1. subs. by act 12 of , s. 1, for the section 5.

section 9.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 8b.. of the punjab laws act : subs. by the punjab descent of jaghirs act, pun. 4 of , s. 2.

section 8c.. of the punjab laws act : subs. by the punjab descent of jaghirs act, pun. 4 of , s. 2.

section 10.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section21. .

section 11.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 12.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 13.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 14.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 15.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 16.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 17.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 18.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 19.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 20.. of the punjab laws act : repealed by the punjab preemption act, punjab act 2 of , section 21.

section 21.. of the punjab laws act : repealed by the punjab land revenue act, 17 of .

section 22.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 24.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 23.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 25.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 26.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 29.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 27.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 28.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 30.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 31.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 32.. of the punjab laws act : repealed by the provincial insolvency act, 3 of .

section 33.. of the punjab laws act : repealed by the amending act, 12 of .

section 34.. of the punjab laws act : repealed by the punjab court of wards act, punjab act 2 of , section 21.

section 36.. of the punjab laws act : repealed by the punjab court of wards act, punjab act 2 of , section 21.

section 35.. of the punjab laws act : repealed by the punjab court of wards act, punjab act 2 of , section 21.

section 39a.power to establish system of villagewatchmen, and municipalwatchmen and to make rules of the punjab laws act : 1power to establish system of villagewatchmen, and municipalwatchmen and to make rules.the state government may establish a system of villagewatchmen or municipalwatchmen in any part of the territories under its administration, and in furtherance of this object may, from time to time, make rules to provide for the following matters: a the definition of the limits of watchmens beats b the determination of the several grades of watchmen, and the number of each grade to be appointed to each beat c the appointment, suspension, dismissal and resignation of watchmen of each grade d the equipment and discipline of, and the control and supervision over, such watchmen e the conferring upon them, and the exercise by them, of any powers and the enjoyment by them of any protection or privilege, which may be exercised and enjoyed by a policeofficer under any law for the time being in force f the performance by them of such duties relating to police, sanitation or statistics, or for the benefit of the village communities or municipalities within their respective beats, as the state government thinks fit g the exercise of authority over, and the rendering of aid to, such watchmen by headmen of the villages or members of the municipal committees of the towns comprised in their respective beats h the performance, by the headmen of villages comprised in the beat of any watchmen, of any of the duties of a villagewatchman in aid of, or substitution for, such watchman i the exercise, by such villageheadmen for the purposes referred to in clauses g and h, or by members of municipal committees for the purposes referred to in clause g of this section, of any of the powers, and the enjoyment by such headmen or members of any privilege or protection, of a villagewatchman, or a municipalwatchman, as the case may be j the determination of the rate at which, and the mode in which, watchmen shall be paid, and, in the case of villagewatchmen, of the mode in which their pay, the expenses of their equipment, and other charges connected with the villagewatchmansystem shall be provided for, whether out of cesses or funds already leviable or available in the villages comprised in the beat, or by a special tax in money or kind to be imposed on any class of persons residing or owning property in, or resorting to, such villages, or partly in one of these ways and partly in the other k the collection with or without the aid of the villageheadmen, and by any process available for the realisation of the landrevenue, of any tax imposed under clause j of this section, and the application of, and the mode of accounting for, the same and generally for l the efficient working of the system of villagewatchmen or municipalwatchmen: provided first, that the rules to be made regarding the appointment of villagewatchmen shall allow to the headmen of the villages comprised in the beat to which such a watchman is to be appointed a power of nomination to be exercised in such manner and subject to such reasonable conditions as may be prescribed by such rules secondly, that the rules to be made under clause j of this section with regard to villagewatchmen shall include provisions for recording and securing due consideration of the views and opinions on the matters therein referred to of the headmen of the villages comprised in each beat.

section 37.. of the punjab laws act : repealed by the punjab court of wards act, punjab act 2 of , section 21.

section 38.. of the punjab laws act : repealed by the punjab court of wards act, punjab act 2 of , section 21.

section 39. of the punjab laws act : the provisions of the indian penal code 45 of , with the exception of chapter vi, shall be applicable to all offences committed before first january, , in territory which was, at the time of the commission of such offence, subject to the state government of the punjab: saving of privileges conferred on certain chiefs.provided that nothing contained in this section shall affect any privilege conferred on certain chiefs in the punjab by the central government, or by the board of administration for the affairs of the punjab, nor any indemnity or pardon granted by competent authority.

section 39b. person obstructing watchman or headman may be arrested without warrant of the punjab laws act : 39b. obligation to assist watchmen and headmen. every person is bound to render to a villagewatchman, or municipal watchman, or villageheadman discharging the duties of a policeofficer under the rules made hereunder, all the assistance which he is bound to render to a policeofficer. person obstructing watchman or headman may be arrested without warrant.any person who obstructs such watchman or headman in the discharge of such duties may be arrested without warrant by a policeofficer or by any watchman or villageheadman empowered in this behalf by the state government.

section 39c. of the punjab laws act : 139c. power to direct local taxation for payment of police enrolled under act 5 of . whenever it seems to the state government expedient that the duties of watchandward and other internal policeservice of any town or village not comprised within the limits of a municipality or within the limits of a villagewatchmans beat as defined under the power conferred by section 39a should be performed by policeofficers enrolled under 2act 5 of , the state government may direct that the said service shall be so performed, and may also 3 direct that the charges for the time being fixed by such government on account of such service shall be defrayed by taxes to be levied in such town or village. 1. ins. by act 15 of , s. 2. 2. the police act. 3. the words subject to the control of the g.g. in c. repealed by the a.o. .

section 41. of the punjab laws act : when an offence is, has been, or may reasonably be supposed to have been committed, and the tracks of the persons who may reasonably be supposed to have committed such offence, or of any animal or other property reasonably supposed to be connected with such offence, are followed to a spot within the immediate vicinity of a village, the person following such tracks may call upon any headman or villagewatchman in such village to assist in carrying on the tracks.

section 39e. of the punjab laws act : when any such tax has been so approved by the state government, the deputy commissioner may from time to time, subject to such rules consistent with this act as the state government may from time to time prescribe, determine the rates at which it is to be levied.

section 39f.power to make rules for collection of taxes of the punjab laws act : the state government may from time to time make rules to provide for the collection of such taxes by any process available for the realisation of the landrevenue and to regulate the application and mode of accounting for the same.

section 39d. objections to taxation. of the punjab laws act : 39d. notice of taxes proposed to be levied. when the state government has, under section 39c, directed that taxes shall be levied in any town or village, the deputy commissioner may from time to time issue a public notice in such town or village explaining the nature of the taxes he proposes to levy. objections to taxation. any inhabitant of such town or village objecting to the taxation thus proposed may, within fifteen days from the publication of such notice, send his objection in writing to the deputy commissioner. procedure thereon. after the expiry of fifteen days from the publication of the notice, the deputy commissioner may submit for the information of the state government a report of the proposal made by him. such report shall contain specific mention of the objections if any urged to his proposal and his opinion on such objections. no such tax shall be levied until it has, upon such report, been approved by the state government.

section 40. of the punjab laws act : the state government may, if it thinks fit, confer on any person any of the powers which may be exercised by a policeofficer under any act for the time being in force, 1and may withdraw any powers so conferred. 1. ins. by act 12 of , s. 5.

section 39g.. of the punjab laws act : repealed by the amending act, 12 of .

section 43. of the punjab laws act : the slaughter of kine and the sale of beef shall not take place except 1 subject to rules to be from time to time, either generally or in any particular instance, prescribed by the state government. 1. the words with the consent and omitted by act 12 of , s. 6.

section 42. of the punjab laws act : if such headman or watchman do not forthwith give such assistance, or if the inhabitants of such village do not afford full opportunity for search in their houses for the offenders, or, if from the circumstances of the case, there shall appear good reason to believe that the inhabitants of such village, or any of them were conniving at the offence or at the escape of the offenders, and such offenders cannot be traced beyond the village, the magistrate of the district may, with the previous sanction of the commissioner of the division inflict a fine upon such village not exceeding five hundred rupees, except in the case of stolen property over five hundred rupees in value, in which case the fine shall not exceed the value of such property. appeal to high court.an appeal against all convictions under this section shall lie to the high court of punjab 1and haryana. fine may be awarded to injured parties, and fee to tracker.the magistrate may direct that the fine imposed under this section or any part thereof shall be awarded to any persons injured by such offence in compensation for such injury and, in the case of stolen property recovered through the agency of a tracker, may direct that such property be not restored to its owner until he has paid to such tracker such fee, not exceeding onefourth part of the value of the stolen property, as the said magistrate seems fit. 1. ins. by punjab adaptations of laws state and concurrent subjects order, w.e.f. .

section 44. of the punjab laws act : no band of armed men shall enter into any city or town, except 1 subject to rules to be from time to time, either generally or in any particular instance, prescribed by the state government. 1. the words with the consent and omitted by act 12 of , s. 6

section 45. of the punjab laws act : the magistrate of the district may, if he considers that any band of foreign vagrants is likely to occasion a breach of the peace or to commit any offence under the indian penal code 45 of , prohibit such band from entering his district or, if they are already in his district, may require them within a given time to leave it.

section 46., of band failing to comply with magistrates order. of the punjab laws act : if any such band fail to comply with the orders of the said magistrate within the prescribed period, he shall report the matter to the state government, and the state government may give such directions for the surveillance, control or deportation of such band as to it seems fit.

section 48. of the punjab laws act : no person shall make use of the pasturage or other natural product of any land being the property of the government, except with the consent and subject to rules to be from time to time, either generally or in any particular instance, prescribed by 1the government concerned. 1. subs. by the a.o. for the govt. for whose purposes the land is vested in his majesty.

section 49.. of the punjab laws act : repealed by the opium act, 1 of , section 2 and schedule.

section 47. of the punjab laws act : no person shall cross any river or stream on a buoy or inflated skin, nor shall have in his possession or custody any buoy or skin for the purpose of being used in crossing any river or stream, except 1 subject to rules to be from time to time, either generally or in any particular instance, prescribed by the state government. 1. the words with the consent and omitted by act 12 of , s. 6.

section 50. of the punjab laws act : 150. power to make rules as to matters mentioned in sections 43 to 48.the state government may from time to time make rules as to the matters mentioned in 2sections 43 to 48 inclusive. existing rules.all existing rules upon such matters, which might have been made under this section had it been in force, shall be deemed to have been made hereunder. 1. subs. by act 15 of ,s. 3, for section 50. 2. subs. by act 12 of , s. 2 and schedule ii, for sections fortythree to fortynine.

section 50a.conditions of validity of rules hereafter made under this act of the punjab laws act : 50a. conditions of validity of rules hereafter made under this act.11 2rules made under this act shall not be valid unless: a they are consistent with the laws for the time being in force in the 3territories to which this act extends b they are published in the official gazette 4 52 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and schedule. 2. subs. by the a.o. for all rules hereafter made by the l.g. under any power conferred by this act shall be subject to the control of the g.g. in c. and no such rules shall be valid unless. 3. subs. by for states of punjab and delhi by 2 a.l.o., w.e.f. . 4. clause c of section 50a repealed by act 4 of . 5. ins. by act 4 of , section 2 and schedule.

section 52.. of the punjab laws act : repealed by the northern india takkavi act, 10 of .

section 50b.penalties for breach of such rules of the punjab laws act : 50b. penalties for breach of such rules.the state government may, in making any rule under any of the powers conferred by this act, attach to the breach of it, in addition to any other consequences that would ensue from such breach, a punishment on conviction before a magistrate not exceeding six months imprisonment, or three hundred rupees fine, or both.

section 51. of the punjab laws act : 151. republication of rules and orders. all rules which the state government is empowered to issue under this act, and all circulars issued by the high court of punjab 2and haryana, shall be republished from time to time by the state government, and upon such republication, shall be arranged in the order of their subjectmatter, and all such alterations or amendments as may have been made since the last preceding publication thereof, or may have become necessary or advisable, shall be embodied therewith, and upon such republication all such rules and circulars previously issued shall be repealed. 1. subs. by punjab act 1 of , for the original section 51.

section 4. of the cutchi memons act : repealed.rep. by the repealing and amending act, 25 of , s. 2 and the first schedule w.e.f. .

section 3. of the cutchi memons act : nothing in this act shall affect any right or liability acquired or incurred before its commencement, or any legal proceeding or remedy in respect of any such right or liability and any such legal proceeding or remedy may be continued or enforced as if this act had not been passed.

section 1. of the cutchi memons act : 1 this act may be called the cutchi memons act, . 2 it shall come into force on the 1st day of november, .

section 2. of the cutchi memons act : subject to the provisions of section 3, all cutchi memons shall, in matters of succession and inheritance, be governed by the muhammadan law.

section 7. of the banking regulation act : 17. use of words bank, banker, banking or banking company.1 no company other than a banking company shall use as part of its name 2or in connection with its business any of the words bank, banker or banking and no company shall carry on the business of banking in india unless it uses as part of its name at least one of such words. 2 no firm, individual or group of individuals shall, for the purpose of carrying on any business, use as part of its or his name any of the words bank, banking or banking company. 3 nothing in this section shall apply to a a subsidiary of a banking company formed for one or more of the purposes mentioned in subsection 1 of section 19, whose name indicates that it is a subsidiary of that banking company b any association of banks formed for the protection of their mutual interests and registered under section 25 of the companies act, 1 of . 1. subs. by act 55 of , s. 7, for section 7 w.e.f. . 2. ins. by act 1 of , s. 14 w.e.f. .

section 1. of the banking regulation act : 1 this act may be called the banking 1regulation act, . 22 it extends to the whole of india 3. 3 it shall come into force on such date4 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by s. 11, ibid., for companies w.e.f. . 2. subs. by act 20 of , s. 2, for subsection 2 w.e.f. . 3. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f. . 4. 16th march, , see notification no. f. 4 46fi/49, dated the 10th march, , gazette of india, , part i.

section 6. of the banking regulation act : 1 in addition to the business of banking, a banking company may engage in any one or more of the following forms of business, namely: a the borrowing, raising, or taking up of money the lending or advancing of money either upon or without security the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of exchange, hoondees, promissory notes, coupons, drafts, bills of lading, railway receipts, warrants, debentures, certificates, scripts and other instruments, and securities whether transferable or negotiable or not the granting and issuing of letters of credit, travellers cheques and circular notes the buying, selling and dealing in bullion and specie the buying and selling of foreign exchange including foreign bank notes the acquiring, holding, issuing on commission, underwriting and dealing in stock, funds, shares, debentures, debenture stock, bonds, obligations, securities and investments of all kinds the purchasing and selling of bonds, scripts or other forms of securities on behalf of constituents or others, the negotiating of loans and advances the receiving of all kinds of bonds, scripts or valuables on deposit or for safe custody or otherwise the providing of safe deposit vaults the collecting and transmitting of money and securities b acting as agents for any government or local authority or any other person or persons the carrying on of agency business of any description including the clearing and forwarding of goods, giving of receipts and discharges and otherwise acting as an attorney on behalf of customers but excluding the business of a 1managing agent or secretary and treasurer of a company c contracting for public and private loans and negotiating and issuing the same d the effecting, insuring, guranteeing, underwriting, participating in managing and carrying out of any issue, public or private, of state, municipal or other loans or of shares, stock, debentures or debenture stock of any company, corporation or association and the lending of money for the purpose of any such issue e carrying on and transacting every kind of guarantee and indemnity business f managing, selling and realising any property which may come into the possession of the company in satisfaction or part satisfaction of any of its claims g acquiring and holding and generally dealing with any property or any right, title or interest in any such property which may form the security or part of the security for any loans or advances or which may be connected with any such security h undertaking and executing trusts i undertaking the administration of estates as executor, trustee or otherwise j establishing and supporting or aiding in the establishment and support of associations, institutions, funds, trusts and conveniences calculated to benefit employees or exemployees of the company or the dependents or connections of such persons granting pensions and allowances and making payments towards insurance subscribing to or guaranteeing moneys for charitable or benevolent objects or for any exhibition or for any public, general or useful object k the acquisition, construction, maintenance and alteration of any building or works necessary or convenient for the purposes of the company l selling, improving, managing, developing, exchanging, leasing, mortgaging, disposing of or turning into account or otherwise dealing with all or any part of the property and rights of the company m acquiring and undertaking the whole or any part of the business of any person or company, when such business is of a nature enumerated or described in this subsection n doing all such other things as are incidental or conducive to the promotion or advancement of the business of the company o any other form of business which the central government may, by notification in the official gazette, specify as a form of business in which it is lawful for a banking company to engage. 2 no banking company shall engage in any form of business other than those referred to in subsection 1. 1. subs. by act 33 of , s. 4, for managing agent w.e.f. .

section 3. of the banking regulation act : 13. act not to apply to certain cooperative societies.notwithstanding anything contained in the national bank for agriculture and rural development act, 61 of , this act shall not apply to a a primary agricultural credit society or b a cooperative society whose primary object and principal business is providing of longterm finance for agricultural development, if such society does not use as part of its name, or in connection with its business, the words bank, banker or banking and does not act as drawee of cheques. 1. subs. by act 39 of , s. 2, for section 3 w.e.f. .

section 2. of the banking regulation act : the provisions of this act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of the 1companies act, 1 of , any other law for the time being in force. 1. subs. by act 95 of , s. 14 and the schedule, for indian companies act, 7 of w.e.f. .

section 4. of the banking regulation act : 1 the central government, if on a representation made by the reserve bank in this behalf is satisfied that it is expedient so to do, may by notification in the official gazette, suspend for such period, not exceeding sixty days, as may be specified in the notification, the operation of all or any of the provisions of this act, either generally or in relation to any specified banking company. 2 in a case of special emergency, the governor of the reserve bank, or in his absence a deputy governor of the reserve bank nominated by him in this behalf may, by order in writing, exercise the powers of the central government under subsection 1 so however that the period of suspension shall not exceed thirty days, and where the governor or the deputy governor, as the case may be, does so, he shall report the matter to the central government forthwith, and the order shall, as soon as may be, be published in the gazette of india. 3 the central government may, by notification in the official gazette, extend from time to time the period of any suspension ordered under subsection 1 or subsection 2 for such period, not exceeding sixty days at any one time, as it thinks fit so however that the total period does not exceed one year. 4 a copy of any notification issued under subsection 3 shall be laid on the table of 1parliament as soon as may be after it is issued. 1. subs. by the a.o. , for the dominion legislature.

section 8. of the banking regulation act : notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection with the realisation of security given to or held by it, or engage in any trade, or buy, sell or barter goods for others otherwise than in connection with bills of exchange received for collection or negotiation or with such of its business as is referred to in clause i subsection 1 of section 6: 1provided that this section shall not apply to any such business as is specified in pursuance of clause o of subsection 1 of section 6. explanation. for the purposes of this section, goods means every kind of moveable property, other than actionable claims, stocks, shares, money, bullion and specie, and all instruments referred to in clause a of subsection 1 of section 6. 1. subs. by s. 15, ibid., for the proviso w.e.f. .

section 9. of the banking regulation act : notwithstanding anything contained in section 6, no banking company shall hold any immovable property howsoever acquired, except such as is required for its own use, for any period exceeding seven years from the acquisition thereof or from the commencement of this act, whichever is later or any extension of such period as in this section provided, and such property shall be disposed of within such period or extended period, as the case may be: provided that the banking company may, within the period of seven years as aforesaid, deal or trade in any such property for the purpose of facilitating the disposal thereof: provided further that the reserve bank may in any particular case, extend the aforesaid period of seven years by such period not exceeding five years where it is satisfied that such extension would be in the interest of the depositors of the banking company.

section 5a. of the banking regulation act : 15a. act to override memorandum, articles, etc.save as otherwise expressly provided in this act, a the provisions of this act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of a banking company, or in any agreement executed by it, or in any resolution passed by the banking company in general meeting or by its board of directors, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking companies amendment act, 33 of and b any provision contained in the memorandum, articles, agreement or resolution aforesaid shall, to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may be. 1. ins. by act 33 of , s. 3 w.e.f. .

section 5. of the banking regulation act : 1in this act, unless there is anything repugnant in the subject or context, 2a approved securities means the securities issued by the central government or any state government or such other securities as may be specified by the reserve bank from time to time. b banking means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise c banking company means any company which transacts the business of banking 3in india explanation.any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause 4ca banking policy means any policy which is specified from time to time by the reserve bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources 5cc branch or branch office, in relation to a banking company, means any branch or branch office, whether called a pay office or subpay office or by any other name, at which deposits are received, cheques cashed or moneys lent, and for the purposes of section 35 includes any place of business where any other form of business referred to in subsection 1 of section 6 is transacted 6d company means any company as defined in section 3 of the companies act, 1 of and includes foreign company within the meaning of section 591 of that act 7da corresponding new bank means a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of 8 f demand liabilities means liabilities which must be met on demand, and time liabilities means liabilities which are not demand liabilities 9ff deposit insurance corporation means the deposit insurance corporation established under section 3 of the deposit insurance corporation act, 47 of 10 11 ffb exim bank means the exportimport bank of india established under section 3 of the exportimport bank of india act, 28 of 12ffc reconstruction bank means the industrial reconstruction bank of india established under section 3 of the industrial reconstruction bank of india act, 62 of 13ffd national housing bank means the national housing bank established under section 3 of the national housing bank act, 53 of g gold includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not 14gg managing agent includes, i secretaries and treasurers, ii where the managing agent is a company, any director of such company, and any member thereof who holds substantial interest in such company, iii where the managing agent is a firm, any partner of such firm 15h managing director, in relation to a banking company, means a director who, by virtue of of an agreement with the banking company or of a resolution passed by the banking company in general meeting or by its board of directors or, by virtue of its memorandum or articles of association, is entrusted with the management of the whole, or substantially the whole of the affairs of the company, and includes a director occupying the position of a managing director, by whatever name called: 16provided that the managing director shall exercise his powers subject to the superintendence, control and direction of the board of directors. 17ha national bank means the national bank for agriculture and rural development established under section 3 of the national bank for agriculture and rural development act, 61 of 18hb national bank for financing infrastructure and development means the institution established under section 3 of the national bank for financing infrastructure and development act, hc other development financial institution means a development financial institution licensed under section 29 of the national bank for financing infrastructure and development act, 19 j prescribed means prescribed by rules made under this act 17ja regional rural bank means a regional rural bank established under section 3 of the regional rural banks act, 21 of 20 21l reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of : 20 n secured loan or advance means a loan or advance made on the security of assets the market value of which is not at any time less than the amount of such loan or advance and unsecured loan or advance means a loan or advance not so secured 22ni small industries bank means the small industries development bank of india established under section 3 of the small industries development bank of india act, 39 of 23na smallscale industrial concern mean an industrial concern in which the investment in plant and machinery is not in excess of seven and a half lakhs of rupees or such higher amount, not exceeding twenty lakhs of rupees, as the central government may, by notification in the official gazette, specify in this behalf, having regard to the trends in industrial development and other relevant factors 24nb sponsor bank has the meaning assigned to it in the regional rural banks act, 21 of : nc state bank of india means the state bank of india constituted under section 3 of the state bank of india act, 23 of 25nd subsidiary bank has the meaning assigned to it in the state bank of india subsidiary banks act, 38 of 26ne substantial interest, i in relation to a company, means the holding of a beneficial interest by an individual or his spouse or minor child, whether singly or taken together in the shares thereof, the amount paidup on which exceeds five lakhs of rupees or ten per cent. of the paidup capital of the company, whichever is less ii in relation to a firm, means the beneficial interest held therein by an individual or his spouse or minor child, whether singly or taken together, which represents more than ten per cent. of the total capital subscribed by all the partners of the said firm 27o all other words and expressions used herein but not defined and defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act. 28 1. subs. by act 55 of , s. 6, for 1 in this act w.e.f. . 2. subs. by act 4 of , s. 2 w.e.f. . 3. subs. by act 20 of , s. 3, for in any state. 4. ins. by act 58 of , s. 2 w.e.f. . 5. ins. by act 33 of , s. 2 w.e.f. . 6. subs. by s. 2, ibid., for clause d w.e.f. . 7. ins. by act 1 of , s. 13 w.e.f. . 8. clause e omitted by act 52 of , s. 2 w.e.f. . 9. ins. by act 47 of , s. 51 and the second schedule, part ii w.e.f. . 10. ins. by act 1 of , s. 13 w.e.f. . 11. omitted by act 53 of , s. 12 and schedule, part ii w.e.f. . 12. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 13. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 14. ins. by act 58 of , s. 2 w.e.f. . 15. subs. by act 33 of , s. 2, for clause h w.e.f. . 16. added by act 58 of , s. 2 w.e.f. . 17. ins. by act 61 of , s. 61 and the second schedule w.e.f. . 18 ins. by act 17 of , s. 48 and the third schedule w.e.f. . 19. omitted by act 33 of , s. 2 w.e.f. . 20. omitted by act 33 of , s. 2 w.e.f. . 21. subs. by act 1 of , s. 13, for clause l w.e.f. . 22. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 23. ins. by act 58 of , s. 2 w.e.f. . 24. ins. by act 1 of , s. 13, w.e.f. . 25. clause nb relettered as clause nd by act 1 of , s. 13 w.e.f. . 26. clause nc relettered as clause ne by s. 13, ibid. w.e.f. . 27. ins. by act 33 of , s. 2 w.e.f. . 28. omitted by the a.o. .

section 10a. of the banking regulation act : 110a. board of directors to include persons with professional or other experience.1 notwithstanding anything contained in any other law for the time being in force, every banking company, a in existence on the commencement of section 3 of the banking laws amendment act, 58 of , or b which comes into existence thereafter, shall comply with the requirements of this section: provided that nothing contained in this subsection shall apply to a banking company referred to in clause a for a period of three months from such commencement. 2 not less than fiftyone per cent. of the total number of members of the board of directors of a banking company shall consist of persons, who a shall have special knowledge or practical experience in respect of one or more of the following matters, namely: i accountancy, ii agriculture and rural economy, iii banking, iv cooperation, v economics, vi finance, vii law, viii smallscale industry, ix any other matter the special knowledge of, and practical experience in, which would, in the opinion of the reserve bank, be useful to the banking company: provided that out of the aforesaid number of directors, not less than two shall be persons having special knowledge or practical experience in respect of agriculture and rural economy, cooperation or smallscale industry and b shall not 1 have substantial interest in, or be connected with, whether as employee, manager or managing agent, i any company, not being a company registered under section 25 of the companies act, 1 of ., or ii any firm, which carries on any trade, commerce or industry and which, in either case, is not a smallscale industrial concern, or 2 be proprietors of any trading, commercial or industrial concern, not being a smallscale industrial concern. 22a notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force, i no director of a banking company, other than its chairman or wholetime director, by whatever name called, shall hold office continuously for a period exceeding eight years ii a chairman or other wholetime director of a banking company who has been removed from office as such chairman, or wholetime director, as the case may be, under the provisions of this act shall also cease to be a director of the banking company and shall also not be eligible to be appointed as a director of such banking company, whether by election or cooption or otherwise, for a period of four years from the date of his ceasing to be the chairman or wholetime director, as the case may be. 3 if, in respect of any banking company, the requirements, as laid down in subsection 2, are not fulfilled at any time, the board of directors of such banking company shall reconstitute such board so as to ensure that the said requirements are fulfilled. 4 if, for the purpose of reconstituting the board under subsection 3, it is necessary to retire any director or directors, the board may, by lots drawn in such manner as may be prescribed, decide which director or directors shall cease to hold office and such decision shall be binding on every director of the board. 5 where the reserve bank is of opinion that the composition of the board of directors of a banking company is such that it does not fulfil the requirements of subsection 2, it may, after giving to such banking company a reasonable opportunity of being heard, by an order in writing, direct the banking company to so reconstitute its board of directors as to ensure that the said requirements are fulfilled and, if within two months from the date of receipt of that order, the banking company does not comply with the directions made by the reserve bank, that bank may, after determining, by lots drawn in such manner as may be prescribed, the person who ought to be removed from the membership of the board of directors, remove such person from the office of the director of such banking company and with a view to complying with the provisions of subsection 2, appoint a suitable person as a member of the board of directors in the place of the person so removed whereupon the person so appointed shall be deemed to have been duly elected by the banking company as its director. 6 every appointment, removal or reconstitution duly made, and every election duly held, under this section shall be final and shall not be called into question in any court. 7 every director elected or, as the case may be, appointed under this section shall hold office until the date up to which his predecessor would have held office, if the election had not been held, or, as the case may be, the appointment had not been made. 8 no act or proceeding of the board of directors of a banking company shall be invalid by reason only of any defect in the composition thereof or on the ground that it is subsequently discovered that any of its members did not fulfil the requirements of this section. 1. ins. by act 58 of , s. 3 w.e.f. . 2. ins. by act 1 of , s. 16 w.e.f. .

section 10. of the banking regulation act : show related subordinates 110. prohibition of employment of managing agents and restrictions on certain forms of employment.1 no banking company a shall employ or be managed by a managing agent or b shall employ or continue the employment of any person i who is, or at any time has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude or ii whose remuneration or part of whose remuneration takes the form of commission or of a share in the profits of the company: 2provided that nothing contained in this subclause shall apply to the payment by a banking company of a any bonus in pursuance of a settlement or award arrived at or made under any law relating to industrial disputes or in accordance with any scheme framed by such banking company or in accordance with the usual practice prevailing in banking business b any commission to any broker including guarantee broker, cashiercontractor, clearing and forwarding agent, auctioneer or any other person, employed by the banking company under a contract otherwise than as a regular member of the staff of the company or iii whose remuneration is, in the opinion of the reserve bank, excessive or c shall be managed by any person 3i who is a director of any other company not being a a subsidiary of the banking company, or b a company registered under section 25 of the companies act, 1 of : provided that the prohibition in this subclause shall not apply in respect of any such director for a temporary period not exceeding three months or such further period not exceeding nine months as the reserve bank may allow or ii who is engaged in any other business or vocation or iii 4whose term of office as a person managing the company is for a period exceeding five years at any one time: 5provided that the term of office of any such person may be renewed or extended by further periods not exceeding five years on each occasion subject to the condition that such renewal or extension shall not be sanctioned earlier than two years from the date on which it is to come into force: provided also that where the term of office of such person is for an indefinite period, such term, unless it otherwise comes to an end earlier, shall come to an end immediately on the expiry of five years from the date of his appointment or on the expiry of three months from the date of commencement of section 8 of the banking laws miscellaneous provisions act, 55 of , whichever is later: provided further that nothing in this clause shall apply to a director, other than the managing director, of a banking company by reason only of his being such director. explanation.for the purpose of subclause iii of clause b, the expression remuneration, in relation to person employed or continued in employment, shall include salary, fees and perquisites but shall not include any allowances or other amounts paid to him for the purpose of reimbursing him in respect of the expenses actually incurred by him in the performance of his duties. 2 in forming its opinion under subclause iii of clause b subsection 1, the reserve bank may have regard among other matters to the following: i the financial condition and history of the banking company, its size and area of operation, its resources, the volume of its business, and the trend of its earning capacity ii the number of its branches or offices iii the qualifications, age and experience of the person concerned iv the remuneration paid to other persons employed by the banking company or to any person occupying a similar position in any other banking company similarly situated and v the interests of its depositors. 67 6 any decision or order of the reserve bank made under this section shall be final for all purposes. 1. subs. by act 95 of , s. 2, for section 10 w.e.f. . 2. subs. by act 33 of , s. 6, for the proviso w.e.f. . 3. subs. by s. 6, ibid., for subclause i w.e.f. . 4. subs. by act 55 of , s. 8, for who has a contract with the company for its management w.e.f. . 5. subs. by s. 8, ibid., for the first proviso w.e.f. . 6. subs. by act 33 of , s. 6, for subsection 3 w.e.f. . 7. omitted by act 55 of , s. 8 w.e.f. .

section 10c. of the banking regulation act : 110c. chairman and certain directors not to be required to hold qualification shares.2a chairman of the board of directors who is appointed on a wholetime basis or a managing director of a banking company by whomsoever appointed and a director of a banking company appointed by the reserve bank under section 10a shall not be required to hold qualification shares in the banking company. 1. subs. by act 1 of , s. 19, for section 10c w.e.f. . 2. subs. by act 20 of , s. 4, for a chairman w.e.f. .

section 12a. of the banking regulation act : 112a. election of new directors1 the reserve bank may, by order, require any banking company to call a general meeting of the share holders of the company within such time, not less than two months from the date of the order, as may be specified in the order or within such further time as the reserve bank may allow in this behalf, to elect in accordance with the voting rights permissible under this act fresh directors, and the banking company shall be bound to comply with the order. 2 every director elected under subsection 1 shall hold office until the date up to which his predecessor would have held office, if the election had not been held. 3 any election duly held under this section shall not be called in question in any court. 1. ins. by act 95 of , s. 4 w.e.f. .

section 10b. of the banking regulation act : 110b. banking company to be managed by whole time chairman.21 notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, every banking company in existence on the commencement of the banking regulation amendment act, 20 of , or which comes into existence thereafter shall have one of its directors, who may be appointed on a wholetime or a parttime basis as chairman of its board of directors, and where he is appointed on a wholetime basis, as chairman of its board of directors, he shall be entrusted with the management of the whole of the affairs of the banking company: provided that the chairman shall exercise his powers subject to the superintendence, control and direction of the board of directors. 1a where a chairman is appointed on a parttime basis, i such appointment shall be with the previous approval of the reserve bank and be subject to such conditions as the reserve bank may specify while giving such approval ii the management of the whole of the affairs of such banking company shall be entrusted to a managing director who shall exercise his powers subject to the superintendence, control and direction of the board of directors. 2 3every chairman of the board of directors who is appointed on a wholetime basis and every managing director of a banking company shall be in the whole time employment of such company and shall hold office for such period, not exceeding five years, as the board of directors may fix, but shall, subject to the provisions of this section, be eligible for reelection or reappointment: provided that nothing in this subsection shall be construed as prohibiting a chairman from being a director of a subsidiary of the banking company or a director of a company registered under section 25 of the companies act, 1 of . 3 every person holding office on the commencement of section 3 of the banking laws amendment act, 58 of , as managing director of a banking company shall a if there is a chairman of its board of directors, vacate office on such commencement, or b if there is no chairman of its board of directors, vacate office on the date on which the chairman of its board of directors is elected or appointed in accordance with the provisions of this section. 4 4every chairman who is appointed on a wholetime basis and every managing director of a banking company appointed under subsection 1a shall be a person who has special knowledge and practical experience of a the working of a banking company, or of the state bank of india or any subsidiary bank or a financial institution, or b financial, economic or business administration: provided that a person shall be disqualified for being a 5chairman who is appointed on a wholetime basis or a managing director if he a is a director of any company other than a company referred to in the proviso to subsection 2, or b is a partner of any firm which carries on any trade, business or industry, or c has substantial interest in any other company or firm, or d is a director, manager, managing agent, partner or proprietor of any trading, commercial or industrial concern, or e is engaged in any other business or vocation. 5 6a chairman of the board of directors appointed on a wholetime basis or a managing director of a banking company may, by writing, under his hand addressed to the company, resign his office, 7 85a 6a chairman of the board of directors appoint on a wholetime basis or a managing director whose term of office has come to an end, either by reason of his resignation or by reason of expiry of the period of his office, shall, subject to the approval of the reserve bank, continue in office until his successor assumes office. 6 without prejudice to the provisions of section 36aa, where the reserve bank is of opinion that any person who is, or has been elected to be, the 9chairman of the board of directors who is appointed on a wholetime basis or the managing director of a banking company is not a fit and proper person to hold such office, it may, after giving to such person and to the banking company a reasonable opportunity of being heard, by order in writing, require the banking company to elect or appoint any other person as the 10chairman of the board of directors who is appointed on a wholetime basis or the managing director and if, within a period of two months from the date of receipt of such order, the banking company fails to elect or appoint a suitable person as the 10chairman of the board of directors who is appointed on a wholetime basis or the managing director the reserve bank may, by order, remove the firstmentioned person from the office of the 9chairman of the board of directors who is appointed on a wholetime basis or the managing director of the banking company and appoint a suitable person in his place whereupon the person so appointed shall be deemed to have been duly elected or appointed, as the case may be, as the 9chairman of the board of directors who is appointed on a wholetime basis or the managing director of such banking company and any persons elected or 11appointed as chairman on a wholetime basis or managing director under this subsection shall hold office for the residue of the period of office of the person is whose place he has been so elected or appointed. 7 the banking company and any person against whom an order of removal is made under subsection 6 may, within thirty days from the date of communication to it or to him of the order, prefer an appeal to the central government and the decision of the central government thereon, and subject thereto, the order made by the reserve bank under subsection 6, shall be final and shall not be called into question in any court. 8 notwithstanding anything contained in this section, the reserve bank may, if in its opinion it is necessary in the public interest so to do, permit 12the chairman of the board of directors who is appointed on a wholetime basis or the managing director to undertake such parttime honorary work as is not likely to interfere with his duties as 13such chairman or managing director. 9 notwithstanding anything contained in this section, where a person 14 appointed on a wholetime basis, as chairman of the board of directors or managing director dies or resigns or is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the banking company may, with the approval of the reserve bank, make suitable arrangements for carrying out the 15duties of chairman or managing director for a total period not exceeding four months. 1. ins. by act 58 of , s. 3 w.e.f. . 2. subs. by act 20 of , s. 2, for subsection 1 w.e.f. . 3. subs. by s. 2, ibid., for every chairman of the board of directors w.e.f. . 4. subs. by s. 2, ibid., for every chairman of the board of directors of a banking company w.e.f. . 5. subs. by act 20 of , s. 2, for chairman w.e.f. . 6. subs. by s. 2, ibid., for a chairman of the board of directors w.e.f. . 7. the words but shall continue in office until his successor assumes office omitted by act 1 of , s. 17 w.e.f. . 8. ins. by s. 17, ibid. w.e.f. . 9. subs. by act 20 of , s. 2, for chairman of the board of directors w.e.f. . 10. subs. by s. 2, ibid., for chairman of its board of directors w.e.f. . 11. subs. by s. 2, ibid., for appointed as chairman w.e.f. . 12. subs. by act 20 of , s. 2, for the chairman w.e.f. . 13. subs. by s. 2, ibid., for such chairman w.e.f. . 14. subs. by s. 2, ibid., for appointed as chairman w.e.f. . 15. subs. by s. 2, ibid., for duties as chairman w.e.f. .

section 12b. of the banking regulation act : 112b. regulation of acquisition of shares or voting rights.1 no person hereinafter referred to as the applicant shall, except with the previous approval of the reserve bank, on an application being made, acquire or agree to acquire, directly or indirectly, by himself or acting in concert with any other person, shares of a banking company or voting rights therein, which acquisition taken together with shares and voting rights, if any, held by him or his relative or associate enterprise or person acting in concert with him, makes the applicant to hold five per cent. or more of the paidup share capital of such banking company or entitles him to exercise five per cent. or more of the voting rights in such banking company. explanation 1.for the purposes of this subsection, a associate enterprise means a company, whether incorporated or not, which, i is a holding company or a subsidiary company of the applicant or ii is a joint venture of the applicant or iii controls the composition of the board of directors or other body governing the applicant or iv exercises, in the opinion of the reserve bank, significant influence on the applicant in taking financial or policy decisions or v is able to obtain economic benefits from the activities of the applicant b relative shall have the meaning assigned to it in section 6 of the companies act, 1 of c persons shall be deemed to be acting in concert who, for a common objective or purpose of acquisition of shares or voting rights in excess of the percentage mentioned in this subsection, pursuant to an agreement or understanding formal or informal, directly or indirectly cooperate by acquiring or agreeing to acquire shares or voting rights in the banking company. explanation 2.for the purposes of this act, joint venture means a legal entity in the nature of a partnership engaged in the joint undertaking of a particular transaction for mutual profit or an association of persons or companies jointly undertaking some commercial enterprise wherein all contribute assets and share risks. 2 an approval under subsection 1 may be granted by the reserve bank if it is satisfied that a in the public interest or b in the interest of banking policy or c to prevent the affairs of any banking company being conducted in a manner detrimental or prejudicial to the interests of the banking company or d in view of the emerging trends in banking and international best practices or e in the interest of the banking and financial system in india, the applicant is a fit and proper person to acquire shares or voting rights: provided that the reserve bank may call for such information from the applicant as it may deem necessary for considering the application referred to in subsection 1: provided further that the reserve bank may specify different criteria for acquisition of shares or voting rights in different percentages. 3 where the acquisition is by way of transfer of shares of a banking company and the reserve bank is satisfied that such transfer should not be permitted, it may, by order, direct that no such share shall be transferred to the proposed transferee and may further direct the banking company not to give effect to the transfer of shares and in case the transfer has been registered, the transferee shall not be entitled to exercise voting rights on poll in any of the meetings of the banking company. 4 the approval for acquisition of shares may be subject to such conditions as the reserve bank may deem fit to impose, including a condition that any further acquisition of shares shall require prior approval of the reserve bank and that the applicant continues to be a fit and proper person to hold the shares or voting rights. 5 before issuing or allotting any share to any person or registering the transfer of shares in the name of any person, the banking company shall ensure that the requirements of subsection 1 are complied with by that person and where the acquisition is with the approval of the reserve bank, the banking company shall further ensure that the conditions imposed under subsection 4, if any, of such approval are fulfilled. 6 the decision of the reserve bank on the application made under subsection 1 shall be taken within a period of ninety days from the date of receipt of the application by the reserve bank: provided that in computing the period of ninety days, the period taken by the applicant for furnishing the information called for by the reserve bank shall be excluded. 7 the reserve bank may specify the minimum percentage of shares to be acquired in a banking company if it considers that the purpose for which the shares are proposed to be acquired by the applicant warrants such minimum shareholding. 8 the reserve bank may, if it is satisfied that any person or persons acting in concert with him holding shares or voting rights in excess of five per cent. of the total voting rights of all the shareholders of the banking company, are not fit and proper to hold such shares or voting rights, pass an order directing that such person or persons acting in concert with him shall not, in the aggregate, exercise voting rights on poll in excess of five per cent. of the total voting rights of all the shareholders of the banking company: provided that the reserve bank shall not pass any such order without giving an opportunity of being heard to such person or persons acting in concert with him. 1. ins. by act 4 of , s. 4 w.e.f. .

section 10bb. of the banking regulation act : 110bb. power of reserve bank to appoint 2chairman of the board of directors appointed on on a wholetime basis or a managing director of a banking company.1 where the office of the 2chairman of the board of directors appointed on a wholetime basis or a managing director of a banking company is vacant, the reserve bank may, if it is of opinion that the continuation of such vacancy is likely to adversely affect the interests of the banking company, appoint a person, eligible under subsection 4 of section 10b to be so appointed, to be the 2chairman of the board of directors appointed on a wholetime basis or a managing director of the banking company and where the person so appointed is not a director of such banking company, he shall, so long as he holds the office of the 2chairman of the board of directors appointed on a wholetime basis or a managing director, be deemed to be a director of the banking company. 2 the 2chairman of the board of directors appointed on a wholetime basis or a managing director so appointed by the reserve bank shall be in the wholetime employment of the banking company and shall hold office for such period not exceeding three years, as the reserve bank may specify, but shall, subject to other provisions of this act, be a eligible for reappointment. 3 the 2chairman of the board of directors appointed on a wholetime basis or a managing director so appointed by the reserve bank shall draw from the banking company such pay and allowances as the reserve bank may determine and may be removed from office only by the reserve bank. 4 save as otherwise provided in this section, the provisions of section 10b shall, as far as may be, apply to the 2chairman of the board of directors appointed on a wholetime basis or a managing director appointed by the reserve bank under subsection 1 as they apply to a 2chairman of the board of directors appointed on a whole time basis or a managing director appointed by the banking company 1. ins. by act 1 of , s. 18 w.e.f. . 2. subs. by act 20 of , s. 3, for chairman w.e.f. .

section 13., on sale of shares. of the banking regulation act : notwithstanding anything to the contrary contained in 1sections 76 and 79 of the companies act, 1 of , no banking company shall pay out directly or indirectly by way of commission, brokerage, discount or remuneration in any form in respect of any shares issued by it, any amount exceeding in the aggregate two and onehalf per cent. of the 2price at which the said shares are issued. 3explanation.for the removal of doubts, it is hereby declared that the expression price at which the said shares are issued shall include amount or value of premium on such shares. 1. subs. by act 95 of , s. 14 and sch. i, for sections 105 and 105a of the indian companies act, 7 of w.e.f. . 2. subs. by act 4 of , s. 5, for paidup value of the said shares w.e.f. . 3. ins. by s. 5, ibid. w.e.f. .

section 14. of the banking regulation act : no banking company shall create any charge upon any unpaid capital of the company, and any such charge shall be invalid.

section 11. of the banking regulation act : 1 notwithstanding anything contained in 1section 149 of the companies act, 1 of , no banking company in existence on the commencement of this act, shall, after the expiry of three years from such commencement or of such further period not exceeding one year as the reserve bank, having regard to the interests of the depositors of the company, may think fit in any particular case to allow, carry on business 2in india, and no other banking company shall after the commencement of this act, commence or carry on business 2in india, 3unless it complies with such of the requirements of this section as are applicable to it. 42 in the case of a banking company incorporated outside india a the aggregate value of its paidup capital and reserves shall not be less than fifteen lakhs of rupees and if it has a place or places of business in the city of bombay or calcutta or both, twenty lakhs of rupees and b 5the banking company shall deposit and keep deposited with the reserve bank either in cash or in the form of unencumbered approved securities, or partly in cash and partly in the form of such securities i an amount which shall not be less than the minimum required by clause a and ii as soon as may be after the expiration of each 6 year, an amount calculated at twenty twenty per cent. of its profit for that year in respect of all business transacted through its branches in india, as disclosed in the profit and loss account prepared with reference to that year under section 29: provided that any such banking company may at any time replace i any securities so deposited by cash or by any other unencumbered approved securities, or partly by cash and partly by other such securities, so however, that the total amount deposited is not affected ii any cash so deposited by unencumbered approved securities of an equal value. 72a notwithstanding anything contained in subsection 2, the central government may, on the recommendation of the reserve bank, and having regard to the adequacy of the amounts already deposited and kept deposited by a banking company under subsection 2, in relation to its deposit liabilities in india, declare by order in writing that the provisions of subclause ii of clause b of subsection 2 shall not apply to such banking company for such period as may be specified in the order. 3 in the case of any banking company to which the provisions of subsection 2 do not apply, the aggregate value of its paidup capital and reserves shall not be less than i if it has places of business in more than one state, five lakhs of rupees, and if any such place or places of business is or are situated in the city of bombay or calcutta or both, ten lakhs of rupees ii if it has all its places of business in one state none of which is situated in the city of bombay or calcutta, one lakh of rupees in respect of its principal place of business, plus ten thousand rupees in respect of each of its other places of business situated in the same district in which it has its principal place of business, plus twentyfive thousand rupees in respect of each place of business situated elsewhere in the state otherwise than in the same district: provided that no banking company to which this clause applies shall be required to have paidup capital and reserves exceeding an aggregated value of five lakhs of rupees: provided further that no banking company to which this clause applies and which has only one place of business shall be required to have paidup capital and reserves exceeding an aggregate value of fifty thousand rupees: 8provided further that in the case of every banking company to which this clause applies and which commences banking business for the first time after the commencement of the banking companies amendment act, 36 of , the value of its paidup capital shall not be less than five lakhs of rupees iii if it has all its places of business in one state, one or more of which is or are situated in the city of bombay or calcutta, five lakhs of rupees, plus twentyfive thousand rupees in respect of each place of business situated outside the city of bombay or calcutta, as the case may be: provided that no banking company to which this clause applies shall be required to have paidup capital and reserves exceeding an aggregate value of ten lakhs of rupees. explanation.for the purposes of this subsection, a place of business situated 9in a state other than that in which the principal place of business of the banking company is situated shall, if it is not more than twentyfive miles distant from such principal place of business, be deemed to be situated within the same state as such principal place of business. 4 any amount deposited and kept deposited with the reserve bank under 10 subsection 2 by any banking company incorporated 11outside india shall, in the event of the company ceasing for any reason to carry on banking business 12in india, be an asset of the company on which the claims of all the creditors of the company 12in india shall be a first charge. 135 for the purposes of this section, a place of business means any office, suboffice, sub pay office and any place of business at which deposits are received, cheques cashed or moneys lent b value means the real or exchangeable value, and not the nominal value which may be shown in the books of the banking company concerned. 6 if any dispute arises in computing the aggregate value of the paidup capital and reserves of any banking company, a determination thereof by the reserve bank shall be final for the purposes of this section. 1. subs. by act 95 of , s. 14 and the schedule, for section 103 of the indian companies act, 7 of w.e.f. . 2. subs. by act 20 of , s. 3, for in any state w.e.f. . 3. subs. by act 33 of , s. 7, for certain words w.e.f. 110 . 4. subs. by s. 7, ibid., for subsection 2 w.e.f. . 6. the wordcalendar omitted by act 66 of , s. 7 w.e.f. . 7. ins. by act 36 of , s. 2 w.e.f. . 8. ins. by act 36 of , s. 2 w.e.f. . 9. subs. by act 62 of , s. 2 and sch., for in india w.e.f. 1 . 10. the words the proviso to omitted by act 33 of , s. 7 w.e.f. . 11. subs. by act 20 of , s. 3, for elsewhere than in a state w.e.f. . 12. subs. by s. 3, ibid., for in the statesw.e.f. . 13. subs. by act 33 of , s. 7, for subsection 5 w.e.f. 110 .

section 10d. of the banking regulation act : any appointment or removal of a 1director, chairman of the board of directors who is appointed on a wholetime basis or managing director in pursuance of section 10a or section 10b 2or section 10bb shall have effect and any such person shall not be entitled to claim any compensation for the loss or termination of office, notwithstanding anything contained in any law or in any contract, memorandum or articles of association. 1. subs. by act 20 of , s. 5, for director or chairman w.e.f. . 2. ins. by act 1 of , s. 20 w.e.f. .

section 12. of the banking regulation act : 112. regulation of paidup capital, subscribed capital and authorised capital and voting rights of shareholders. 1 no banking company shall carry on business in india, unless it satisfies the following conditions, namely: i that the subscribed capital of the company is not less than onehalf of the authorised capital, and the paid up capital is not less than onehalf of the subscribed capital and that, if the capital is increased, it complies with the conditions prescribed in this clause within such period not exceeding two years as the reserve bank may allow 2ii that, notwithstanding anything contained in the companies act, 1 of , the capital of such banking company consists of a equity shares only or b equity shares and preferences shares: provided that the issue of preference share shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares whether perpetual or irredeemable or redeemable, and the terms and conditions subject to which each class of preference shares may be issued: provided further that no holder of the preference share, issued by the company, shall be entitled to exercise the voting right specified in clause b of subsection 2 of section 87 of the companies act, 1 of 3 2 no person holding shares in a banking company shall, in respect of any shares held by him, exercise voting rights 4on poll 5in excess of 6ten per cent of the total voting rights of all the shareshareholders of the banking company: 7provided that the reserve bank may increase, in a phased manner, such ceiling on voting rights from ten per cent. to twentysix per cent. 3 notwithstanding anything contained in any law for the time being in force or in any contract or instrument no suit or other proceeding shall be maintained against any person registered as the holder of a share in a banking company on the ground that the title to the said share vests in a person other than the registered holder: provided that nothing contained in this subsection shall bar a suit or other proceeding a by a transferee of the share on the ground that he has obtained from the registered holder a transfer of the share in accordance with any law relating to such transfer or b on behalf of a minor or a lunatic on the ground that the registered holder holds the share on behalf of the minor or lunatic. 4 every chairman, managing director or chief executive officer by whatever name called of a banking company shall furnish to the reserve bank through that banking company returns containing full particulars of the extent and value of his holding of shares, whether directly or indirectly, in the banking company and of any change in the extent of such holding or any variation in the rights attaching thereto and such other information relating to those shares as the reserve bank may, by order, require and in such form and at such time as may be specified in the order. 1. subs. by act 95 of , s. 3, for section 12 w.e.f. 14 . 2. subs. by act 4 of , s. 3, for clause ii w.e.f. . 3. the proviso omitted by s. 3, ibid. w.e.f. . 4. ins. by act 33 of , s. 8 w.e.f. . 5. subs. by act 55 of , s. 9, for in excess of five per cent. w.e.f. . 6. subs. by act 20 of , s. 6, for one per cen. w.e.f. . 7. ins. by act 4 of , s. 3 w.e.f. .

section 16. of the banking regulation act : 116. prohibition of common directors.21 no banking company incorporated in india shall have as a director in its board of directors any person who is a director of any other banking company. 1a no banking company referred to in subsection 1 shall have in its board of directors, more than three directors who are directors of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent.of the total voting rights of all the shareholders to that banking company. 2 if immediately before the commencement of the banking companies amendment act, 95 of , any person holding office as a director of a banking company is also a director of companies which among themselves are entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the shareholders of the banking company, he shall, within such period from such commencement as the reserve bank may specify in this behalf a either resign his office as a director of the banking company or b choose such number of companies as among themselves are not entitled to exercise voting rights in excess of twenty per cent. of the total voting rights of all the shareholders of the banking company as companies in which he wishes to continue to hold the office of a director and resign his office as a director in the other companies. 33 nothing in subsection 1 shall apply to, or in relation to, any director appointed by the reserve bank. 1. subs. by act 95 of , s. 5, for s. 16 w.e.f. . 2. subs. by act 20 of , s. 7, for subsection 1 w.e.f. . 3. ins. by act 58 of , s. 4 w.e.f. .

section 15. of the banking regulation act : 11 no banking company shall pay any dividend on its shares until all its capitalised expenses including preliminary expenses, organisation expenses, shareselling commission, brokerage, amounts of losses incurred and any other item of expenditure not represented by tangible assets have been completely written off. 22 notwithstanding anything to the contrary contained in sub section 1 or in the companies act, 1 of , a banking company may pay dividends on its shares without writing off i the depreciation, if any, in the value of its investments in approved securities in any case where such depreciation has not actually been capitalised or otherwise accounted for as a loss ii the depreciation, if any, in the value of its investments in shares, debentures or bonds other than approved securities in any case where adequate provision for such depreciation has been made to the satisfaction of the auditor of the banking company iii the bad debts, if any, in any case where adequate provision for such debts has been made to the satisfaction of the auditor of the banking company. 1. s. 15 was renumbered as subsection 1 of that section by s. 10, ibid. w.e.f. . 2. ins. by act 33 of , s. 10 w.e.f. .

section 20. of the banking regulation act : 120. restrictions on loans and advances.1 notwithstanding anything to the contrary contained in section 77 of the companies act, , 1 of no banking company shall, a grant any loans or advances on the security of its own shares, or b enter into any commitment for granting any loan or advance to or on behalf of i any of its directors, ii any firm in which any of its directors is interested as partner, manager, employee or guarantor, or iii any company not being a subsidiary of the banking company or a company registered under section 25 of the companies act, 1 of , or a government company of which 2, or the subsidiary or the holding company of which any of the directors of the banking company is a director, managing agent, manager, employee or guarantor or in which he holds substantial interest, or iv any individual in respect of whom any of its directors is a partner or guarantor. 2 where any loan or advance granted by a banking company is such that a commitment for granting it could not have been made if clause b of subsection 1 had been in force on the date on which the loan or advance was made, or is granted by a banking company after the commencement of section 5 of the banking laws amendment act, 58 of , but in pursuance of a commitment entered into before such commencement, steps shall be taken to recover the amounts due to the banking company on account of the loan or advance together with interest, if any, due thereon within the period stipulated at the time of the grant of the loan or advance, or where no such period has been stipulated, before the expiry of one year from the commencement of the said section 5: provided that the reserve bank may, in any case, on an application in writing made to it by the banking company in this behalf, extend the period for the recovery of the loan or advance until such date, not being a date beyond the period of three years from the commencement of the said section 5, and subject to such terms and conditions, as the reserve bank may deem fit: provided further that this subsection shall not apply if and when the director concerned vacates the office of the director of the banking company, whether by death, retirement, resignation or otherwise. 3 no loan or advance, referred to in subsection 2, or any part thereof shall be remitted without the previous approval of the reserve bank, and any remission without such approval shall be void and of no effect. 4 where any loan or advance referred to in subsection 2, payable by any person, has not been repaid to the banking company within the period specified in that subsection, then, such person shall, if he is a director of such banking company on the date of the expiry of the said period, be deemed to have vacated his office as such on the said date. explanation.in this section a loans or advance shall not include any transaction which the reserve bank may, having regard to the nature of the transaction, the period within which, and the manner and circumstances in which, any amount due on account of the transaction is likely to be realised, the interest of the depositors and other relevant considerations, specify by general or special order as not being a loan or advance for the purpose of this section b director includes a member of any board or committee in india constituted by a banking company for the purpose of managing, or for the purpose of advising it in regard to the management of, all or any of its affairs. 5 if any question arises whether any transaction is a loan or advance for the purposes of this section, it shall be referred to the reserve bank, whose decision thereon shall be final. 1. subs. by act 58 of , s. 5, for section 20 w.e.f. . 2. ins. by act 1 of , s. 23 w.e.f. .

section 14a. of the banking regulation act : 114a. prohibition of floating charge on assets.1 notwithstanding anything contained in section 6, no banking company shall create a floating charge on the undertaking or any property of the company or any part thereof, unless the creation of such floating charge is certified in writing by the reserve bank as not being detrimental to the interests of the depositors of such company. 2 any such charge created without obtaining the certificate of the reserve bank shall be invalid. 3 any banking company aggrieved by the refusal of a certificate under subsection 1 may, within ninety days from the date on which such refusal is communicated to it, appeal to the central government. 4 the decision of the central government where an appeal has been perferred to it under subsection 3 or of the reserve bank where no such appeal has been preferred shall be final. 1. ins. by act 33 of l959, s. 9 w.e.f. 1.10..

section 21. of the banking regulation act : 1 where the reserve bank is satisfied that it is necessary or expedient in the public interest 1or in the interests of depositors 2or banking policy so to do, it may determine the policy in relation to advances to be followed by banking companies generally or by any banking company in particular, and when the policy has been so determined, all banking companies or the banking company concerned, as the case may be, shall be bound to follow the policy as so determined. 2 without prejudice to the generality of the power vested in the reserve bank under subsection 1, the reserve bank may give directions to banking companies, either generally or to any banking company or group of banking companies in particular, 3as to a the purposes for which advances may or may not be made, b the margins to be maintained in respect of secured advances, c the maximum amount of advances or other financial accommodation which, having regard to the paidup capital, reserves and deposits of a banking company and other relevant considerations, may be made by that banking company to any one company, firm, association of persons or individual, d the maximum amount up to which, having regard to the considerations referred to in clause c, guarantees may be given by a banking company on behalf of any one company, firm, association of persons or individual, and e the rate of interest and other terms and conditions on which advances or other financial accommodation may be made or guarantees may be given. 43 every banking company shall be bound to comply with any directions given to it under this section. 1. ins. by s.13, ibid. w.e.f. . 2. ins. by act 58 of , s. 6 w.e.f. . 3. subs. by act 55 of , s. 13, for certain words w.e.f. 1.2.. 4. ins. by s. 13, ibid. w.e.f. .

section 17. of the banking regulation act : 117. reserve fund1 every banking company incorporated in india shall create a reserve fund and 2 shall, out of the balance of profit of each year as disclosed in the profit and loss account prepared under section 29 and before any dividend is declared, transfer to the reserve fund a sum equivalent to not less than twenty per cent. of such profit. 31a notwithstanding anything contained in subsection 1, the central government may, on the recommendation of the reserve bank and having regard to the adequacy of the paidup capital and reserves of a banking company in relation to its deposit liabilities, declare by order in writing that the provisions of subsection 1 shall not apply to the banking company for such period as may be specified in the order: provided that no such order shall be made unless, at the time it is made, the amount in the reserve fund under subsection 1, together with the amount in the share premium account is not less than the paidup capital of the banking company. 2 where a banking company appropriates any sum or sums from the reserve fund or the share premium account, it shall, within twentyone days from the date of such appropriation, report the fact to the reserve bank, explaining the circumstances relating to such appropriation: provided that the reserve bank may, in any particular case, extend the said period of twentyone days by such period as it thinks fit or condone any delay in the making of such report. 1. subs. by act 33 of , s. 11, for ss. 17 and 18 w.e.f. . 2. certain words omitted by act 36 of , s. 3 w.e.f. . 3. ins. by s. 3, ibid. w.e.f. .

section 18. of the banking regulation act : 118. cash reserve.1 every banking company, not being a scheduled bank, 2 shall maintain in india on a daily basis by way of cash reserve with itself or by way of balance in a current account with the reserve bank, or by way of net balance in current accounts or in one or more of the aforesaid ways, a sum equivalent to 3such per cent. of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight 4as the reserve bank may specify, by notification in the official gazette, from time to time, having regard to the needs of securing the monetary stability in the country and shall submit to the reserve bank before the twentieth day of every month a return showing the amount so held on alternate fridays during a month with particulars of its demand and time liabilities in india on such fridays or if any such friday is a public holiday under the negotiable instruments act, 26 of , at the close of business on the preceding working day. explanation.in this section, and in section 24, a liabilities in india shall not include i the paidup capital or the reserves or any credit balance in the profit and loss account of the banking company ii any advance taken from the reserve bank 5 or from the exim bank 6or from the reconstruction bank 7or from the national housing bank or from the national bank 8, or from the small industries bank, 9or from the national bank for financing infrastructure and development or from the other development financial institution by the banking company iii in the case of a regional rural bank, also any loan taken by such bank from its sponsor bank b fortnight shall mean the period from saturday to the second following friday, both days inclusive c net balance in current accounts shall, in relation to a banking company, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that banking company with the state bank of india or a subsidiary bank or a corresponding new bank over the aggregate of the credit balances in current account held by the said banks with such banking company d for the purposes of computation of liabilities, the aggregate of the liabilities of a banking company to the state bank of india, a subsidiary bank, a corresponding new bank, a regional rural bank, another banking company, a cooperative bank or any other financial institution notified by the central government in this behalf, shall be reduce by the aggregate of the liabilities of all such banks institutions to the banking company e the expression cooperative bank shall have the meaning assigned to it in clause cci of section 56. 101a if the balance held by such banking company at the close of business on any day is below the minimum specified under subsection 1, such banking company shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the reserve bank, in respect of that day, penal interest at a rate of three per cent. above the bank rate on the amount by which such balance falls short of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent day during which the default continues. 1b notwithstanding anything contained in this section, if the reserve bank, is satisfied, on an application in writing by the defaulting banking company, that such defaulting banking company had sufficient cause for its failure to company with the provisions of subsection 1, it may not demand the payment of the penal interest. 1c the reserve bank may, for such period and subject to such conditions as may be specified, grant to any banking company such exemptions from the provisions of this section as it thinks fit with reference to all or any of its offices or with reference to the whole or any part of its assets and liabilities. 2 the reserve bank may, for the purposes of this section and section 24, specify from time to time, with reference to any transaction or class of transactions, that such transaction or transactions shall be regarded as liability in india of a banking company and, if any question arises as to whether any transaction or class of transactions shall be regarded for the purposes of this section and section 24 as liability in india of a banking company, the decision of the reserve bank thereon shall be final. 1. subs. by act 1 of , s. 21, for section 18 w.e.f. . 2. subs. by act 4 of , s. 6, for shall maintain in india w.e.f. . 3. subs. by s. 6, ibid., for at least three per cent. w.e.f. . 4. ins. by s. 6, ibid. w.e.f. . 5. the words or from the development bank omitted by s. 6, ibid. w.e.f. . 6. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 7. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 8. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 9 ins. by act 17 of , s. 48 and the third schedule w.e.f. . 10. ins. by act 4 of , s. 6 w.e.f. .

section 19. of the banking regulation act : 1 1 a banking company shall not form any subsidiary company except a subsidiary company formed for one or more of the following purposes, namely: a the undertaking of any business which, under clauses a to o of subsection 1 of section 6, is permissible for a banking company to undertake, or b with the previous permission in writing of the reserve bank, the carrying on of the business of banking exclusively outside india, or c the undertaking of such other business, which the reserve bank may, with the prior approval of the central government, consider to be conducive to the spread of banking in india or to be otherwise useful or necessary in the public interest. explanation.for the purposes of section 8, a banking company shall not be deemed, by reason of its forming or having a subsidiary company, to be engaged indirectly in the business carried on by such subsidiary company. 2 save as provided in subsection 1, no banking company shall hold shares in any company, whether as pledgee, mortgagee or absolute owner, of an amount exceeding thirty per cent. of the paidup share capital of that company or thirty per cent. of its own paidup share capital and reserves, whichever is less: provided that any banking company which is on the date of the commencement of this act holding any shares in contravention of the provisions of this subsection shall not be liable to any penalty therefor if it reports the matter without delay to the reserve bank and if it brings its holding of shares into conformity with the said provisions within such period, not exceeding two years, as the reserve bank may think fit to allow. 3 save as provided in subsection 1 and notwithstanding anything contained in subsection 2, a banking company shall not, after the expiry of one year from the date of the commencement of this act, hold shares, whether as pledgee, mortgagee or absolute owner, in any company in the management of which any managing director or manager of the banking company is in any manner concerned or interested. 24 save as provided in clause c of subsection 1, a banking company may form a subsidiary company to carry on the business of credit information in accordance with the credit information companies regulation act, 30 of . 1. subs. by act 1 of , s. 22, for subsection 1 w.e.f. . 2. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 23. of the banking regulation act : 123. restrictions on opening of new and transfer of existing, places of business.1 without obtaining the prior permission of the reserve bank a no banking company shall open a new place of business in india or change otherwise than within the same city, town or village, the location of an existing place of business situated in india and b no banking company incorporated in india shall open a new place of business outside india or change, otherwise than within the same city, town or village in any country or area outside india, the location of an existing place of business situated in that country or area: provided that nothing in this subsection shall apply to the opening for a period not exceeding one month of a temporary place of business within a city, town or village or the environs thereof within which the banking company already has a place of business for the purpose of affording banking facilities to the public on the occasion of an exhibition, a conference or a mela or any other like occasion. 2 before granting any permission under this section, the reserve bank may require to be satisfied by an inspection under section 35 or otherwise as to the financial condition and history of the company, the general character of its management, the adequacy of its capital structure and earning prospects and that public interest will be served by the opening or, as the case may be, change of location, of the place of business. 3 the reserve bank may grant permission under subsection 1 subject to such conditions as it may think fit to impose either generally or with reference to any particular case. 4 where, in the opinion of the reserve bank, a banking company has, at any time, failed to comply with any of the conditions imposed on it under this section, the reserve bank may, by order in writing and after affording reasonable opportunity to the banking company for showing cause against the action proposed to be taken against it, revoke any permission granted under this section. 24a any regional rural bank requiring the permission of the reserve bank under this section shall forward its application to the reserve bank through the national bank which shall give its comments on the merits of the application and send it to the reserve bank: provided that the regional rural bank shall also send an advance copy of the application directly to the reserve bank. 5 for the purposes of this section place of business includes any suboffice, pay office, subpay office and any place of business at which deposits are received, cheques cashed or moneys lent. 1. subs. by act 33 of , s. 14, for section 23 w.e.f. . 2. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 20a. of the banking regulation act : 120a. restrictions on power to remit debts.1 notwithstanding anything to the contrary contained in section 293 of the companies act, , 1 of a banking company shall not, except with the prior approval of the reserve bank, remit in whole or in part any debt due to it by a any of its directors, or b any firm or company in which any of its directors is interested as director, partner, managing agent or guarantor, or c any individual if any of its directors is his partner or guarantor. 2 any remission made in contravention of the provisions of subsection 1 shall be void and of no effect. 1 . ins. by act 55 of , s. 12 w.e.f. .

section 21a. of the banking regulation act : 121a. rates of interest charged by banking companies not to be subject to scrutiny by courts.notwithstanding anything contained in the usurious loans act, 10 of , or any other law relating to indebtedness in force in any state, a transaction between a banking company and its debtor shall not be reopened by any court on the ground that the rate of interest charged by the banking company in respect of such transaction is excessive. 1. ins. by act 1 of s. 24 w.e.f. 15.2..

section 25. of the banking regulation act : 11 the assets in india of every banking company at the close of business on the last friday of every quarter or, if that friday is a public holiday under the negotiable instruments act, 26 of , at the close of the business on the preceding working day, shall not be less than seventyfive per cent. of its demand and time liabilities in india. 2 every banking company shall, within one month from the end of every quarter, submit to the reserve bank a return in the prescribed form and manner of the assets and liabilities referred to in subsection 1 as at the close of business on the last friday of the previous quarter, or, if that friday is a public holiday under the negotiable instruments act, 26 of , at the close of business on the preceding working day: 2provided that every regional rural bank shall also furnish a copy of the said return to the national bank. 3 for the purposes of this section, 3a assets in india shall be deemed to include export bills drawn in, and import bills drawn on and payable in india and expressed in such currencies as the reserve bank may from time to time approve in this behalf and also such securities as the reserve bank may approve in this behalf notwithstanding that all or any of the said bills or securities are held outside india 4b liabilities in india shall not include the paidup capital or the reserves or any credit balance in the profit and loss account of the banking company 5c quarter means the period of three months ending on the last day of march, june, september or december. 1. subs. by act 33 of s. 16, for subsections 1 and 2 w.e.f. . 2. ins. by act 61 of , s. 61 and the second schedule w.e.f. . 3. subs. by act 20 of , s. 7, for clause a w.e.f. . 4. ins. by act 33 of , s. 16 w.e.f. . 5. clause b relettered as clause c by s. 16, ibid. w.e.f. .

section 22. of the banking regulation act : 11 save as hereinafter provided, no company shall carry on banking business in india unless it holds a licence issued in that behalf by the reserve bank and any such licence may be issued subject to such conditions as the reserve bank may think fit to impose. 2 every banking company in existence on the commencement of this act, before the expiry of six months from such commencement, and every other company before commencing banking business 2in india, shall apply in writing to the reserve bank for a licence under this section: provided that in the case of a banking company in existence on the commencement of this act, nothing in subsection 1 shall be deemed to prohibit the company from carrying on banking business until it is granted a licence in pursuance of 3this section or is by notice in writing informed by the reserve bank that a licence cannot be granted to it: provided further that the reserve bank shall not give a notice as aforesaid to a banking company in existence on the commencement of this act before the expiry of the three years referred to in subsection 1 of section 11 or of such further period as the reserve bank may under that subsection think fit to allow. 3 before granting any licence under this section, the reserve bank may require to be satisfied by an inspection of the books of the company or otherwise 4 that the following conditions are fulfilled, namely: 5a that the company is or will be in a position to pay its present or future depositors in full as their claims accrue b that the affairs of the company are not being, or are not likely to be conducted in a manner detrimental to the interests of its present or future depositors 6c that the general character of the proposed management of the company will not be prejudicial to the public interest or the interest of its depositors d that the company has adequate capital structure and earning prospects e that the public interest will be served by the grant of a licence to the company to carry on banking business in india f that having regard to the banking facilities available in the proposed principal area of operations of the company, the potential scope for expansion of banks already in existence in the area and other relevant factors the grant of the licence would not be prejudicial to the operation and consolidation of the banking system consistent with monetary stability and economic growth g any other condition, the fulfilment of which would, in the opinion of the reserve bank, be necessary to ensure that the carrying on of banking business in india by the company will not be prejudicial to the public interest or the interests of the depositors. 73a before granting any licence under this section to a company incorporated outside india, the reserve bank may require to be satisfied by an inspection of the books of the company or otherwise that the conditions specified in subsection 3 are fulfilled and that the carrying on of banking business by such company in india will be in the public interest and that the government or law of the country in which it is incorporated does not discriminate in any way against banking companies registered in india and that the company complies with all the provisions of this act applicable to banking companies incorporated outside india. 84 the reserve bank may cancel a licence granted to a banking company under this section i if the company ceases to carry on banking business in india or ii if the company at any time fails to comply with any of the conditions imposed upon it under subsection 1 or iii if at any time, any of the conditions referred to in subsection 3 7and subsection 3a is not fulfilled: provided that before cancelling a licence under clause ii or clause iii of this subsection on the ground that the banking company has failed to comply with or has failed to fulfil any of the conditions referred to therein, the reserve bank, unless it is of opinion that the delay will be prejudicial to the interests of the companys depositors or the public, shall grant to the company on such terms as it may specify, an opportunity of taking the necessary steps for complying with or fulfilling such condition. 5 any banking company aggrieved by the decision of the reserve bank cancelling a licence under this section may, within thirty days from the date on which such decision is communicated to it, appeal to the central government. 6 the decision of the central government where an appeal has been preferred to it under subsection 5 or of the reserve bank where no such appeal has been preferred shall be final. 1 subs. by act 33 of , s. 13, for subsection 1 w.e.f. 1 . 2. subs. by act 20 of , s. 3, for in any state w.e.f.. 3. subs. by act 33 of , s. 13, for subsection 2 w.e.f. 1 . 4. the words all or any of omitted by act 1 of , s. 25w.e.f. . 5. subs. by act 33 of s. 13, ibid., for clauses a and b w.e.f. . 6. subs. by act 1 of , s. 25, for clause c w.e.f. . 7. ins. by s. 25, ibid. w.e.f. . 8. subs. by act 33 of , s. 13, for subsections 4 and 5 w.e.f. .

section 27. of the banking regulation act : 1 every banking company shall, before the close of the month succeeding that to which it relates, submit to the reserve bank a return in the prescribed form and manner showing its assets and liabilities 1in india as at the close of business on the last friday of every month or if that friday is a public holiday under the negotiable instruments act, 26 of , at the close of business on the preceding working day. 22 the reserve bank may at any time direct a banking company to furnish it within such time as may be specified by the reserve bank, with such statements and information relating to the business or affairs of the banking company including any business or affairs with which such banking company is concerned as the reserve bank may consider necessary or expedient to obtain for the purposes of this act, and without prejudice to the generality of the foregoing power may call for information every halfyear regarding 3the investments of a banking company and the classification of its advances in respect of industry, commerce and agriculture. 43 every regional rural bank shall submit a copy of the return which it submits to the reserve bank under subsection 1 also to the national bank and the powers exercisable by the reserve bank under subsection 2 may also be exercised by the national bank in relation to regional rural banks. 1. subs. by act 20 of , s. 3, for in the states w.e.f. . 2. subs. by act 95 of , s. 6, for subsection 2 w.e.f. 141 . 3. subs. by act 33 of , s. 17, for certain words w.e.f. 110 . 4. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 24. of the banking regulation act : 1 22a a scheduled bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 2 of and every other banking company, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in india, assets, the value of which shall not be less than such percentage not exceeding forty per cent. of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight as the reserve bank may, by notification in the official gazette, specify from time to time and such assets shall be maintained, in such form and manner, as may be specified in such notification. 3 4 3 for the purpose of ensuring compliance with the provisions of this section, every banking company shall, not later than twenty days after the end of the month to which it relates, furnish to the reserve bank in the prescribed form and manner a monthly return showing particulars of its assets maintained in accordance with this section, and its demand and time liabilities in india at the close of business on each alternate friday during the month, or if any such friday is a public holiday, at the close of business on the preceding working day: provided that every regional rural bank shall also furnish a copy of the said return to the national bank. 4 a if on any alternate friday or, if such friday is a public holiday, on the preceding working day, the amount maintained by a banking company at the close of business on that day falls below the minimum prescribed by or under 5 subsection 2a, such banking company shall be liable to pay to the reserve bank in respect of that days default, penal interest for that day at the rate of three per cent. per annum above the bank rate on the amount by which the amount actually maintained falls short of the prescribed minimum or that day and b if the default occurs again on the next succeeding alternate friday, or, if such friday is a public holiday, on the preceding working day, and continues on succeeding alternate fridays or preceding working days, as the case may be, the rate of penal interest shall be increased to a rate of five per cent. per annum above the bank rate on each such shortfall in respect of that alternate friday and each succeeding alternate friday or preceding working day, if such friday is a public holiday, on which the default continues. 5 a without prejudice to the provisions of subsection 3, the reserve bank may require a banking company to furnish to it a return in the form and manner specified by it showing particulars of its assets maintained in accordance with this section and its demand and time liabilities in india, as at the close of business on each day of a month and b without prejudice to the provisions of subsection 4, on the failure of a banking company to maintain as on any day, the amount so required to be maintained by or under 5 subsection 2a the reserve bank may, in respect of such default, require the banking company to pay penal interest for that day as provided in clause a of subsection 4 and if the default continues on the next succeeding working day, the penal interest may be increased as provided in clause b of subsection 4 for the concerned days. 6 a the penalty payable under subsection 4 and subsection 5 shall be paid within a period of fourteen days from the date on which a notice issued by the reserve bank demanding payment of the same is served on the banking company and in the event of failure of the banking company to pay the same within such period, the penalty may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting banking company is situated, such direction to be made only upon an application made by the reserve bank in this behalf to the court and b when the court makes a direction under clause a, it shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a suit. 7 when under the provisions of clause b of subsection 4, penal interest at the increased rate of five per cent. above the bank rate has become payable by a banking company, if thereafter the amount required to be maintained on the next succeeding alternate friday, or if such friday is a public holiday, the next preceding working day, is still below the prescribed minimum, every director, manager or secretary of the banking company, who is knowingly and wilfully a party to the default, shall be punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each subsequent alternate friday or the preceding working day, as the case may be, on which the default continues. 8 notwithstanding anything contained in this section, if the reserve bank is satisfied, on an application in writing by the defaulting banking company, that the banking company had sufficient cause for its failure to comply with the provisions of 6 subsection 2a, the reserve bank may not demand the payment of the penal interest. explanation.in this section, the expression public holiday means a day which is a public holiday under the negotiable instruments act, 26 of . 1. omitted by act 17 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for subsection 2a w.e.f. . 3. omitted by act 17 of , s. 2 w.e.f. . 4. subs. by act 1 of , s. 26, for subsection 3 w.e.f. . 5. the words, brackets and letter clause a of omitted by act 4 of , s. 7 w.e.f. . 6. the words, brackets and letter clause a of omitted by act 4 of , s. 7 w.e.f. .

section 26a. of the banking regulation act : 126a. establishment of depositor education and awareness fund.1 the reserve bank shall establish a fund to be called the depositor education and awareness fund hereafter in this section referred to as the fund. 2 there shall be credited to the fund the amount to the credit of any account in india with a banking company which has not been operated upon for a period of ten years or any deposit or any amount remaining unclaimed for more than ten years, within a period of three months from the expiry of the said period of ten years: provided that nothing contained in this subsection shall prevent a depositor or any other claimant to claim his deposit or unclaimed amount or operate his account or deposit account from or with the banking company after the expiry of said period of ten years and such banking company shall be liable to repay such deposit or amount at such rate of interest as may be specified by the reserve bank in this behalf. 3 where the banking company has paid outstanding amount referred to in subsection 2 or allowed operation of such account or deposit, such banking company may apply for refund of such amount in such manner as may be specified by the authority or committee referred to in subsection 5. 4 the fund shall be utilised for promotion of depositors interests and for such other purposes which may be necessary for the promotion of depositors interests as may be specified by the reserve bank from time to time. 5 the reserve bank shall, by notification in the official gazette, specify an authority or committee, with such members as the reserve bank may appoint, to administer the fund, and to maintain separate accounts and other relevant records in relation to the fund in such forms as may be specified by the reserve bank. 6 it shall be competent for the authority or committee appointed under subsection 5 to spend moneys out of the fund for carrying out the objects for which the fund has been established. 1. ins. by act 4 of , s. 8 w.e.f. .

section 26. of the banking regulation act : every banking company shall, within thirty days after the close of each calendar year, submit a return in the prescribed form and manner to the reserve bank as at the end of such calendar year of all accounts 1in india which have not been operated upon for ten years, 2: provided that in the case of money deposited for a fixed period the said term of ten years shall be reckoned from the date of the expiry of such fixed period: 3 provided further that every regional rural bank shall also furnish a copy of the said return to the national bank. 1. subs. by act 20 of , s. 3, for in the states w.e.f.. 2. certain words omitted by act 55 of , s. 14 w.e.f. . 3. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 28. of the banking regulation act : 128. power to publish information.the reserve bank or the national bank, or both, if they consider it in the public interest so to do, may 2publish a any information obtained by them under this act in such consolidated form as they think fit b in such manner as they may consider proper, any credit information disclosed under the credit information companies regulation act, 30 of . 1. subs. by act 61 of , s. 61 and the second schedule, for s. 28 w.e.f. . 2. subs. by act 30 of , s. 34 and the schedule, for certain words w.e.f. .

section 30. of the banking regulation act : 11 the balancesheet and profit and loss account prepared in accordance with section 29 shall be audited by a person duly qualified under any law for the time being in force to be an auditor of companies. 21a notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, every banking company shall, before appointing, reappointing or removing any auditor or auditors, obtain the previous approval of the reserve bank. 1b without prejudice to anything contained in the companies act, 1 of , or any other law for the time being in force, where the reserve bank is of opinion that it is necessary in the public interest or in the interest of the banking company or its depositors so to do,3it may at any time by order order direct that a special audit of the banking companys accounts, for any such transaction or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order either appoint a person duly qualified under any law for the time being in force to be an auditor of companies or direct the auditor of the banking company himself to conduct such special audit and the auditor shall comply with such directions and make a report of such audit to the reserve bank and forward a copy thereof to the company. 1c the expenses of, or incidental to 4the special audit specified in the order made by the reserve bank shall be borne by the banking company. 2 the auditor shall have the powers of, exercise the functions vested in, and discharge the duties and be subject to the liabilities and penalties imposed on, auditors of companies by 5section 227 of the companies act, 1 of . 6, and auditors, if any, appointed by the law establishing, constituting or forming the banking company concerned. 3 in addition to the matters which under the aforesaid act the auditor is required to state in his report, he shall, in the case of a banking company incorporated 7in india, state in his report, a whether or not the information and explanations required by him have been found to be satisfactory b whether or not the transactions of the company which have come to his notice have been within the powers of the company c whether or not the returns received from branch offices of the company have been found adequate for the purposes of his audit d whether the profit and loss account shows a true balance 8of profit or loss for the period covered by such account e any other matter which he considers should be brought to the notice of the share holders of the company. 1. subs. by act 58 of , s. 8, for subsection 1 w.e.f. 12 . 2. ins. by s. 8, ibid. w.e.f. . 3. subs. by act 66 of , s. 9, for certain words w.e.f. . 4. subs. by s. 9, ibid., for the audit of the transaction or class of transactions w.e.f. . 5. subs. by act 58 of , s. 8, for section 145 of the indian companies act, 7 of w.e.f. . 6. ins. by act 66 of , s. 9 w.e.f. . 7. subs. by act 20 of , s. 3, for in a state w.e.f. . 8. subs. by act 55 of , s. 15, for of profit and loss w.e.f. .

section 29. of the banking regulation act : 1 at the expiration of each calendar year 1or at the expiration of a period of twelve months ending with such date as the central government may, by notification in the official gazette, specify in this behalf, every banking company incorporated 2in india, in respect respect of all business transacted by it, and every banking company incorporated 3outside india, in respect of all business transacted through its branches 4in india, shall prepare with reference to 5that year or period, as the case may be, a balancesheet and profit and loss account as on the last working day of 6that year or the period, as the case may be, in the forms set out in the third schedule or as near thereto as circumstances admit: 7provided that with a view to facilitating the transition from one period, of accounting to another period of accounting under this subsection the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the preparation of, or for other matters relating to, the balancesheet or profit and loss account in respect of the concerned year or period, as the case may be. 2 the balancesheet and profit and loss account shall be signed a in the case of a banking company incorporated 4in india, by the manager or the principal officer of the company and where there are more than three directors of the company, by at least three of those directors, or where there are not more than three directors, by all the directors, and b in the case of a banking company incorporated 3outside india by the manager or agent of the principal office of the company 4in india. 3 notwithstanding that the balancesheet of a banking company is under subsection 1 required to be prepared in a form other than the form 8set out in part i of schedule vi to the companies act, 1 of , the requirements of that act relating to the balancesheet and profit and loss account of a company shall, in so far as they are not inconsistent with this act, apply to the balancesheet or profit and loss account, as the case may be, of a banking company. 13a notwithstanding anything to the contrary contained in subsection 3 of section 210 of the companies act, 1 of , the period to which the profit and loss account relates shall, in the case of a banking company, be the period ending with the last working day of the year immediately preceding the year in which the annual general meeting is held. 9explanation.in subsection 3a, year means the year or, as the case may be, the period referred to in subsection 1. 4 the central government, after giving not less than three monthsnotice of its intention so to do by a notification in the official gazette, may from time to time by a like notification amend the forms set out in the third schedule. 1. ins. by act 66 of , s. 8 w.e.f. . 2. subs. by act 20 of , s. 3, for in a state w.e.f.. 3. subs. by s. 3, ibid., for outside the state w.e.f.. 4. subs. by s. 3, ibid., for in the state w.e.f. . 5. subs. by act 66 of , s. 8, for that year w.e.f. . 6 subs. by s. 8, ibid., for the year w.e.f. . 7. subs. by s. 8, ibid., for the proviso w.e.f. . 8. subs. by act 95 of , s. 14 and sch. for marked f in the third schedule to the indian companies act, 7 of w.e.f. . 9. ins. by act 66 of , s. 8 w.e.f. .

section 29a. of the banking regulation act : 129a. power in respect of associate enterprises.1 the reserve bank may, at any time, direct direct a banking company to annex to its financial statements or furnish to it separately, within such time and at such intervals as may be specified by the reserve bank, such statements and information relating to the business or affairs of any associate enterprise of the banking company as the reserve bank may consider necessary or expedient to obtain for the purpose of this act. 2 notwithstanding anything to the contrary contained in the companies act, 1 of , the reserve bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books of account jointly by one or more of its officers or employees or other persons along with the board or authority regulating such associate enterprise. 3 the provisions of subsections 2 and 3 of section 35 shall apply mutatis mutandis to the inspection under this section. explanation.associate enterprise in relation to a banking company includes an enterprise which i is a holding company or a subsidiary company of the banking company or ii is a jont venture of the banking company or iii is a subsidiary company or a joint venture of the holding company of the banking company or iv controls the composition of the board of directors or other body governing the banking company or v exercises, in the opinion of the reserve bank, significant influence on the banking company in taking financial or policy decisions or vi is able to obtain economic benefits from the activities of the banking company. 1. ins. by act 4 of , s. 9 w.e.f. .

section 33. of the banking regulation act : every banking company incorporated 1outside india shall, not later than the first monday in august of any year in which it carries on business, display in a conspicuous place in its principal office and in every branch office 2in india a copy of its last audited balancesheet and profit and loss account prepared under section 29, and shall keep the copy so displayed until replaced by a copy of the subsequent balancesheet and profit and loss account so prepared, and every such banking company shall display in like manner copies of its complete audited balancesheet and profit and loss account relating to its banking business as soon as they are available, and shall keep the copies so displayed until copies of such subsequent accounts are available. 1. subs. by act 20 of , s. 3, for outside the states w.e.f. . 2. subs. by act 20 of , s. 3, for in the states w.e.f. .

section 31. of the banking regulation act : the accounts and balancesheet referred to in section 29 together with the auditors report shall be published in the prescribed manner and three copies thereof shall be furnished as returns to the reserve bank within three months from the end of the period to which they refer: provided that the reserve bank may in any case extend the said period of three months for the furnishing of such returns by a further period not exceeding three months: 1provided further that a regional rural bank shall furnish such returns also to the national bank. 1. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 32. of the banking regulation act : 11 where a banking company in any year furnishes its accounts and balancesheet in accordance with the provisions of section 31, it shall at the same time send to the registrar three copies of such accounts and balancesheet and of the auditors report, and where such copies are so sent, it shall not be necessary to file with the registrar, in the case of a public company, copies of the accounts and balancesheet and of the auditors report, and, in the case of a private company, copies of the balancesheet and of the auditors report as required by subsection 1 of section 220 of the companies act, 1 of and the copies so sent shall be chargeable with the same fee and shall be dealt with in all respects as if they were filed in accordance with that section. 2 when in pursuance of subsection 2 of section 27 the reserve bank requires any additional statement or information in connection with the balancesheet and accounts furnished under section 31, the banking company shall, when supplying such statement or information, send a copy thereof to the registrar. 1. subs. by act 33 of , s. 19, for subsection 1 w.e.f. 110 .

section 35a. of the banking regulation act : show related subordinates 135a. power of the reserve bank to give directions.1 where the reserve bank is satisfied that a in the 2public interest or 3aa in the interest of banking policy or b to prevent the affairs of any banking company being conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company or c to secure the proper management of any banking company generally, it is necessary to issue directions to banking companies generally or to any banking company in particular, it may, from time to time, issue such directions as it deems fit, and the banking companies or the banking company, as the case may be, shall be bound to comply with such directions. 2 the reserve bank may, on representation made to it or on its own motion, modify or cancel any direction issued under subsection 1, and in so modifying or cancelling any direction may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect. 1. ins. by act 95 of , s. 7 w.e.f. . 2. subs. by act 7 of , s. 2, for national interest w.e.f. . 3. ins. by act 58 of , s. 10, w.e.f.

section 34. of the banking regulation act : nothing in this act shall apply to the preparation of accounts by a banking company and the audit and submission thereof in respect of any accounting year which has expired prior to the commencement of this act, and notwithstanding the other provisions of this act, such accounts shall be prepared, audited and submitted in accordance with the law in force immediately before the commencement of this act.

section 34a. of the banking regulation act : 134a. protection of documents of confidential nature.1 notwithstanding anything contained in section 11 of the industrial disputes act, 14 of , or any other law for the time being in force, no banking company shall, in any proceeding under the said act or in any appeal or other proceeding arising therefrom or connected therewith, be compelled by any authority before which such proceeding is pending to produce, or give inspection of, any of its books of account or other document or furnish or disclose any statement or information, when the banking company claims that such document, statement or information is of a confidential nature and that the production or inspection of such document or the furnishing or disclosure of such statement or information would involve disclosure of information relating to a any reserves not shown as such in its published balancesheet or b any particulars not shown therein in respect of provisions made for bad and doubtful debts and other usual or necessary provisions. 2 if, in any such proceeding in relation to any banking company other than the reserve bank of india, any question arises as to whether any amount out of the reserves or provisions referred to in subsection 1 should be taken into account by the authority before which such proceeding is pending, the authority may, if it so thinks fit, refer the question to the reserve bank and the reserve bank shall, after taking into account principles of sound banking and all relevant circumstances concerning the banking company, furnish to the authority a certificate stating that the authority shall not take into account any amount as such reserves and provisions of the banking company or may take them into account only to the extent of the amount specified by it in the certificate, and the certificate of the reserve bank on such question shall be final and shall not be called in question in any such proceeding. 23 for the purposes of this section banking company includes the reserve bank, 3 the exim exim bank, 4the reconstruction bank, 5the national housing bank, the national bank, 6, the small small industries bank 7,the national bank for financing infrastructure and development or the other development financial institution, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank. 1. ins. by act 23 of , s. 2 w.e.f. . 2. subs. by act 1 of , s. 28, for subsection 3 w.e.f. . 3. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 4. the words the development bank omitted by act 53 of , s. 12 and the schedule w.e.f. . 5. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 6. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 7. ins. by act 17 of , s. 48 and the third schedule w.e.f. .

section 36. of the banking regulation act : 1 the reserve bank may a caution or prohibit banking companies generally or any banking company in particular against entering into any particular transaction or class of transactions, and generally give advice to any banking company b on a request by the companies concerned and subject to the provisions of section 144a, assist, as intermediary or otherwise, in proposals for the amalgamation of such banking companies c give assistance to any banking company by means of the grant of a loan or advance to it under clause 3 of subsection 1 of section 18 of the reserve bank of india act, 2 of 2d 3at any time, if it is satisfied that in the public interest or in the interest of banking policy policy or for preventing the affairs of the banking company being conducted in a manner detrimental to the interests of the banking company or its depositors it is necessary so to do, by order in writing and on such terms and conditions as may be specified therein i require the banking company to call a meeting of its directors for the purpose of considering any matter relating to or arising out of the affairs of the banking company, or require an officer of the banking company to discuss any such matter with an officer an officer of the reserve bank ii depute one or more of its officers to watch the proceedings at any meeting of the board of directors of the banking company or of any committee or of any other body constituted by it require that banking company to give an opportunity to the officers so deputed to be heard at such meetings and also require such officers to send a report of such proceedings to the reserve bank iii require the board of directors of the banking company or any committee or any other body constituted by it to give in writing to any officer specified by the reserve bank in this behalf at his usual address all notices of, and other communications relating to, any meeting of the board, committee or other body constituted by it iv appoint one or more of its officers to observe the manner in which the affairs of the banking company or of its offices or branches are being conducted and make a report thereon v require the banking company to make, within such time as may be specified in the order, such changes in the management as the reserve bank may consider necessary 4. 2 the reserve bank shall make an annual report to the central government on the trend and progress of banking in the country, with particular reference to its activities under clause 2 of section 17 of the reserve bank of india act, 2 of , including in such report its suggestions, if any, for the strengthening of banking business throughout the country. 3 the reserve bank may appoint such staff at such places as it considers necessary for the scrutiny of the returns, statements and information furnished by banking companies under this act, and generally to ensure the efficient performance of its functions under this act. 1. subs. by act 33 of , s. 22, for 45 w.e.f. . 2. subs. by act 95 of , s. 8, for cl. d w.e.f. . 3. subs. by act 58 of , s. 12, for certain words w.e.f. 12 . 4. certain words omitted by act 58 of , s. 12 w.e.f. .

section 35. of the banking regulation act : 1 notwithstanding anything to the contrary contained in 1section 235 of the companies act, 1 of , the reserve bank at any time may, and on being directed so to do by the central government shall, cause an inspection to be made by one or more of its officers of any banking company and its books and accounts and the reserve bank shall supply to the banking company a copy of its report on such inspection. 21a a notwithstanding anything to the contrary contained in any law for the time being in force and without prejudice to the provisions of subsection 1, the reserve bank, at any time, may also cause a scrutiny to be made by any one or more of its officers, of the affairs of any banking company and its books and accounts and b a copy of the report of the scrutiny shall be furnished to the banking company if the banking company makes a request for the same or if any adverse action is contemplated against the banking company on the basis of the scrutiny. 2 it shall be the duty of every director or other officer 3or employee of the banking company to produce to any officer making an inspection under subsection 1 4or a scrutiny under subsection 1a all such books, accounts and other documents in his custody or power and to furnish him with any statements and information relating to the affairs of the banking company as the said officer may require of him within such time as the said officer may specify. 3 any person making an inspection under subsection 1 4or a scrutiny under subsection 1a may examine on oath any director or other officer 3or employee of the banking company in relation to its business, and may administer an oath accordingly. 4 the reserve bank shall, if it has been directed by the central government to cause an inspection to be made, and may, in any other case, report to the central government on any inspection 5or scrutinymade under this section, and the central government, if it is of opinion after considering the report that the affairs of the banking company are being conducted to the detriment of the interests of its depositors, may, after giving such opportunity to the banking company to make a representation in connection with the report as, in the opinion of the central government, seems reasonable, by order in writing a prohibit the banking company from receiving fresh deposits b direct the reserve bank to apply under section 38 for the winding up of the banking company: provided that the central government may defer, for such period as it may think fit, the passing of an order under this subsection, or cancel or modify any such order, upon such terms and conditions as it may think fit to impose. 5 the central government may, after giving reasonable notice to the banking company, publish the report submitted by the reserve bank or such portion thereof as may appear necessary. 5explanation.for the purposes of this section, the expression banking company shall include i in the case of a banking company incorporated outside india, all its branches in india and ii in the case of a banking company incorporated in india a all its subsidiaries formed for the purpose of carrying on the business of banking exclusively outside india and b all its branches whether situated in india or outside india. 66 the powers exercisable by the reserve bank under this section in relation to regional rural banks may without prejudice to the exercise of such powers by the reserve bank in relation to any regional rural bank whenever it considers necessary so to do be exercised by the national bank in relation to the regional rural banks, and accordingly, subsections 1 to 5 shall apply in relation to regional rural banks as if every reference therein to the reserve bank included also a reference to the national bank. 1. subs. by act 95 of , s. 14 and schedule, for section 138 of the indian companies act, 7 of w.e.f. . 2. ins. by act 1 of , s. 29 retrospectively. 3. ins. by act 55 of , s. 17 w.e.f. . 4. ins. by act 1 of , s. 29 w.e.f. . 5. added by act 33 of , s. 20 w.e.f. . 6. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 35ab. of the banking regulation act : 135ab. power of reserve bank to issue directions in respect of stressed assets. 1 without prejudice to the provisions of section 35a, the reserve bank may, from time to time, issue directions to any banking company or banking companies for resolution of stressed assets. 2 the reserve bank may specify one or more authorities or committees with such members as the reserve bank may appoint or approve for appointment to advise any banking company or banking companies on resolution of stressed assets. 1. ins. by act 30 of , s. 2, w.e.f. .

section 36aa. of the banking regulation act : 136aa. power of reserve bank to remove managerial and other persons from office.1 where the reserve bank is satisfied that in the public interest or for preventing the affairs of a banking company being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of any banking company it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, remove from office, with effect from such date as may be specified in the order, 2any chairman, director, chief executive officer by whatever name called or other officer or employee of the banking company. 2 no order under subsection 1 shall be made 3unless the chairman, director or chief executive officer or other officer or employee concerned has been given a reasonable opportunity of making a representation to the reserve bank against the proposed order: provided that if, in the opinion of the reserve bank, any delay would be detrimental to the interests of the banking company or its depositors, the reserve bank may, at the time of giving the opportunity aforesaid or at any time thereafter, by order direct that, pending the consideration of the representation aforesaid, if any, 4the chairman or, as the case may be, director or chief executive officer or other officer or employee, shall not, with effect from the date of such order a 5act as such chairman or director or chief executive officer or other officer or employee of the banking company b in any way, whether directly or indirectly, be concerned with, or take part in the management of, the banking company. 3 a any person against whom an order of removal has been made under subsection 1 may, within thirty days from the date of communication to him of the order, prefer an appeal to the central government. b the decision of the central government on such appeal, and subject thereto, the order made by the reserve bank under subsection 1, shall be final and shall not be called into question in any court. 4 where any order is made in respect of 6a chairman, director or chief executive officer or other officer or employee of a banking company under subsection 1, he shall cease to be 7a chairman or, as the case may be, a director, chief executive officer or other officer or employee of the banking company and shall not, in any way, whether directly or indirectly, be concerned with, or take part in the management of, any banking company for such period not exceeding five years as may be specified in the order. 5 if any person in respect of whom an order is made by the reserve bank under subsection 1 or under the proviso to subsection 2 contravenes the provisions of this section, he shall be punishable with fine which may extend to two hundred and fifty rupees for each day during which such contravention continues. 6 where an order under subsection 1 has been made, the reserve bank may, by order in writing, appoint a suitable person in place of 8the chairman or director or chief executive officer or other officer or employee who has been removed from his office under that subsection, with effect from such date as may be specified in the order. 7 any person appointed as 9chairman, director or chief executive officer or other officer or employee under this section, shall a hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the reserve bank may specify b not incur any obligation or liability by reason only of his being a 10chairman, director or chief executive officer or other officer or employee or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto. 8 notwithstanding anything contained in any law or in any contract, memorandum or articles of association, on the removal of a person from office under this section, that person shall not be entitled to claim any compensation for the loss or termination of office. 1. ins. by act 55 of , s. 18 w.e.f. . 2. subs. by act 58 of , s. 13, for any director w.e.f. 12 . 3. subs. by s. 13, ibid., for unless the director w.e.f. 12 . 4. subs. by act 58 of , s. 13, for the director or, as the case may be, chief executive officer w.e.f. . 5. subs. by s. 13, ibid., for act as such director w.e.f. 12 . 6. subs. by s. 13, ibid., for a director w.e.f. . 7. subs. by s. 13, ibid., for a director or as the case may be, w.e.f. . 8. subs. by s. 13, ibid., for the director w.e.f. . 9. subs. by s. 13, ibid., for director or chief executive officer w.e.f. . 10. subs. by act 58 of , s. 13, for director or chief executive officer w.e.f. .

section 35aa. of the banking regulation act : 135aa. power of central government to authorise reserve bank for issuing directions to banking companies to initiate insolvency resolution process.the central government may, by order, authorise the reserve bank to issue directions to any banking company or banking companies to initiate insolvency resolution process in respect of a default, under the provisions of the insolvency and bankruptcy code, 31 of . explanation.for the purposes of this section, default has the same meaning assigned to it in clause 12 of section 3 of the insolvency and bankruptcy code, 31 of . 1. ins. by act 30 of , s. 2, w.e.f. .

section 35b., to be subject to previous approval of the reserve bank. of the banking regulation act : 135b. amendments of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the reserve bank.1 in the case of a banking company a no amendment of any provision relating to 1the maximum permissible number of directors or the 2appointment or reappointment or termination of appointment or remuneration of a chairman, a 3managing director or any other director, wholetime or otherwise or of a manager or or a chief executive officer by whatever name called, whether that provision be contained in the companys memorandum or articles of association, or in an agreement entered into by it, or in any resolution passed by the company in general meeting or by its board of directors shall have effect unless approved by the reserve bank 4b no appointment or reappointment or termination of appointment of a chairman, a managing or wholetime director, manager or chief executive officer by whatever name called, shall have effect unless such appointment, reappointment or termination of appointment is made with the previous approval of the reserve bank. 5explanation.for the purposes of this subsection, any provision conferring any benefit or providing any amenity or perquisite, in whatever form, whether during or after the termination of the term of office 6of the chairman or the manager or the chief executive officer by whatever name called or the managing director, or any other director, wholetime or otherwise, shall be deemed to be a provision relating to his remuneration. 2 nothing contained in sections 7268 and 269, the proviso to subsection 3 of section 309, sections 310 and 311, the proviso to section 387, and section 388 in so far as section 388 makes the 8provisions of sections 269, 310 and 311 apply in relation to the manager of a company of the companies act, 1 of , shall 9apply to any matter in respect of which the approval of the reserve bank has to be obtained under subsection 1. 102a nothing contained in section 198 of the companies act, 1 of shall apply to a banking company and the provisions of subsection 1 of section 309 and of section 387 of that act shall, insofar as they are applicable to a banking company, have effect as if no reference had been made in the said provisions to section 198 of that act. 3 no act done by a person 11as chairman or a managing or wholetime director or a director not liable to retire by rotation or a manager or a chief executive officer by whatever name called, shall be deemed to be invalid on the ground that it is subsequently discovered that his 12appointment or reappointment had not taken effect by reason of any of the provisions of this act but nothing in this subsection shall be construed as rendering valid any act done by such person after his 13appointment or reappointment has been shown to the banking company not to have had effect. 1 ins. by act 1 of , s. 30 w.e.f. . 2 subs. by act 58 of , s. 11, ibid, for appointment or reappointment or remuneration of a w.e.f. . 3 subs. by act 33 of , s. 21, for managing or wholetime director or of a director not liable to retire by rotation w.e.f. . 4 subs. by act 58 of , s. 11, for clause b w.e.f. . 5 added by act 33 of , s. 21 w.e.f. . 6 subs. by act 58 of , s. 11, for of the manager w.e.f. 12 . 7 subs. by act 36 of , s. 7, for 268, 269, 310, 311 and 388. 8 subs. by act 1 of , s. 30, for provisions of section 310 w.e.f. . 9 subs. by act 33 of , s. 21, for certain words w.e.f. . 10 ins. by act 1 of , s. 30 w.e.f. . 11 subs. by act 58 of , s. 11, for as a managing or wholetime director w.e.f. . 12 subs. by s. 11, ibid., for appointment w.e.f. . 13 subs. by act 58 of , s. 12, for certain words w.e.f. 12 .

section 36ab. of the banking regulation act : 136ab. power of reserve bank to appoint additional directors.1 if the reserve bank is of 2opinion that in the interest of banking policy or in the public interest or in the interests of the banking company or its depositors it is necessary so to do, it may, from time to time by order in writing, appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the banking company. 3 2 any person appointed as additional director in pursuance of this section a shall hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the reserve bank may specify b shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and c shall not be required to hold qualification shares in the banking company. 3 for the purpose of reckoning any proportion of the total number of directors of the banking company, any additional director appointed under this section shall not be taken into account. 1. ins. by act 55 of , s. 18 w.e.f. . 2. subs. by s. 14, ibid., for opinion that w.e.f. . 3. proviso omitted by act 1 of , s. 31 w.e.f. .

section 36ac. of the banking regulation act : 136ac. part iia to override other laws.any appointment or removal of a director, chief executive officer or other officer or employee in pursuance of section 36aa or section 36ab shall have effect notwithstanding anything to the contrary contained in the companies act, 1 of , or any other law for the time being in force or in any contract or any other instrument. 1. ins. by act 55 of , s. 18 w.e.f. .

section 36a. of the banking regulation act : 136a. certain provisions of the act not to apply to certain banking companies.1 the provisions of section 11, subsection 1 of section 12, and sections 17, 18, 24 and 25 shall not apply to a banking company a which, whether before or after the commencement of the banking companies amendment act, 33 of , has been refused a licence under section 22, or prohibited from accepting fresh deposits by a compromise, arrangement or scheme sanctioned by a court or by any order made in any proceeding relating to such compromise, arrangement or scheme, or prohibited from accepting deposits by virtue of any alteration made in its memorandum or b whose licence has been cancelled under section 22, whether before or after the commencement of the banking companies amendment act, 33 of . 2 where the reserve bank is satisfied that any such banking company as is referred to in subsection 1 has repaid, or has made adequate provision for repaying all deposits accepted by the banking company, either in full or to the maximum extent possible, the reserve bank may, by notice published in the official gazette, notify that the banking company has ceased to be a banking company within the meaning of this act, and thereupon all the provisions of this act applicable to such banking company shall cease to apply to it, except as respects things done or omitted to be done before such notice. 1. ins. by act 33 of , s. 23 w.e.f. .

section 36ai. of the banking regulation act : 136ai. tribunal to have powers of a civil court. 1 the tribunal shall have the powers of a civil court, while trying a suit, under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents. 2 notwithstanding anything contained in subsection 1, or in any other law for the time being in force, the tribunal shall not compel the central government or the reserve bank, a to produce any books of account or other documents which the central government, or the reserve bank, claims to be of a confidential nature b to make any such books or documents part of the record of the proceedings before the tribunal or c to give inspection of any such books or documents to any party before it or to any other person. 1. ins. by act 58 of , s. 15 w.e.f.

section 36aca. of the banking regulation act : 136aca. supersession of board of directors in certain cases.1 where the reserve bank is satisfied, in consultation with the central government, that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper management of any banking company, it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such banking company for a period not exceeding six months as may be specified in the order: provided that the period of supersession of the board of directors may be extended from time to time, so, however, that the total period shall not exceed twelve months. 2 the reserve bank may, on supersession of the board of directors of the banking company under subsection 1 appoint in consultation with the central government for such period as it may determine, an administrator not being an officer of the central government or a state government who has experience in law, finance, banking, economics or accountancy. 3 the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 4 upon making the order of supersession of the board of directors of a banking company, notwithstanding anything contained in the companies act, 1 of , a the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of the companies act, 1 of or this act, or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such banking company, or by a resolution passed in general meeting of such banking company, shall, until the board of directors of such banking company is reconstituted, be exercised and discharged by the administrator appointed by the reserve bank under subsection 2: provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of such banking company. 5 the reserve bank may constitute, in consultation with the central government, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties. 6 the committee shall meet at such times and places and observe such rules of procedure as may be specified by the reserve bank. 7 the salary and allowances to the administrator and the members of the committee constituted under subsection 5 by the reserve bank shall be such as may be specified by the reserve bank and be payable by the concerned banking company. 8 on and before the expiration of two months before the expiry of the period of supersession of the board of directors as specified in the order issued under subsection 1, the administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its board of directors. 9 notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office. 10 the administrator appointed under subsection 2 shall vacate office immediately after the board of directors of such banking company has been reconstituted. 1. ins. by act 4 of , s. 10 w.e.f. .

section 36af. of the banking regulation act : 136af. power of the central government to make scheme. 1 the central government may after consultation with the reserve bank, make a scheme for carrying out the purposes of this part in relation to any acquired bank. 2 in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely: a the corporation, or the company incorporated for the purpose, to which the undertaking including the property, assets and liabilities of the acquired bank may be transferred, and the capital, constitution, name and office thereof b the constitution of the first board of management by whatever name called of the transferee bank, and all such matters in connection therewith or incidental thereto as the central government may consider to be necessary or expedient c the continuance of the services of all the employee of the acquired bank excepting such of them as, not being workmen within the meaning of the industrial disputes act, 14 of , are specifically mentioned in the scheme in the central government or in the transferee bank, as the case may be, on the same terms and conditions so far as may be, as are specified in clauses i and j of subsection 5 of section 45 d the continuance of the right of any person who, on the appointed day, is entitled to or is in receipt of, a pension or other superannuation or compassionate allowance or benefit, from the acquired bank or any provident, pension or other fund or any authority administering such fund, to be paid by, and to receive from, the central government or the transferee bank, as the case may be, or any provident, pension or other fund or any authority administering such fund, the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises whether he has so observed such conditions, the question shall be determined by the central government and the decision of the central government thereon shall be final e the manner of payment of the compensation payable in accordance with the provisions of this part to the shareholders of the acquired bank, or where the acquired bank is a banking company incorporated outside india, to the acquired bank in full satisfaction of their, or as the case may be, its, claims f the provision, if any, for completing the effectual transfer to the central government or the transferee bank of any asset or any liability which forms part of the undertaking of the acquired bank in any country outside india g such incidental, consequential and supplemental matters as may be necessary to secure that the transfer of the business, property, assets and liabilities of the acquired bank to the central government or transferee bank, as the case may be, is effectual and complete. 3 the central government may, after consultation with the reserve bank, by notification in the official gazette, add to, amend or vary any scheme made under this section. 4 every scheme made under this section shall be published in the official gazette. 5 copies of every scheme made under this section shall be laid before each house of parliament as soon as may be after it is made. 6 the provisions of this part and of any scheme made thereunder shall have effect notwithstanding anything to the contrary contained in any other provisions of this act or in any other law or any agreement, award or other instrument for the time being in force. 7 every scheme made under this section shall be binding on the central government or, as the case may be, on the transferee bank and also on all members, creditors, depositors and employees of the acquired bank and of the transferee bank and on any other person having any right, liability, power or function in relation to, or in connection with, the acquired bank or the transferee bank, as the case may be. 1. ins. by act 58 of , s. 15 w.e.f.

section 36ae. of the banking regulation act : 136ae. power of central government to acquire undertakings of banking companies in certain cases. 1 if, upon receipt of a report from the reserve bank, the central government is satisfied that a banking company a has, on more than one occasion, failed to comply with the directions given to it in writing under section 21 or section 35a, in so far as such directions relate to banking policy, or b is being managed in a manner detrimental to the interests of its depositors, and that i in the interests of the depositors of such banking company, or ii in the interest of banking policy, or iii for the better provision of credit generally or of credit to any particular section of the community or in any particular area, it is necessary to acquire the undertaking of such banking company, the central government may, after such consultation with the reserve bank as it thinks fit, by notified order, acquire the undertaking of such company hereinafter referred to as the acquired bank with effect from such date as may be specified in this behalf by the central government hereinafter referred to as the appointed day: provided that no undertaking of any banking company shall be so acquired unless such banking company has been given a reasonable opportunity of showing cause against the proposed action. explanation.in this part, a notified order means an order published in the official gazette b undertaking, in relation to a banking company incorporated outside india, means the undertaking of the company in india. 2 subject to the other provisions contained in this part, on the appointed day, the undertaking of the acquired bank and all the assets and liabilities of the acquired bank shall stand transferred to, and vest in, the central government. 3 the undertaking of the acquired bank and its assets and liabilities shall be deemed to include all rights, powers, authorities and privileges and all property, whether movable or immovable, including, in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in, or arising out of, such property as may be in the possession of, or held by, the acquired bank immediately before the appointed day and all books, accounts and documents relating thereto, and shall also be deemed to include all debts, liabilities and obligations, of whatever kind, then existing of the acquired bank. 4 notwithstanding anything contained in subsection 2, the central government may, if it is satisfied that the undertaking of the acquired bank and its assets and liabilities should, instead of vesting in the central government, or continuing to so vest, vest in a company established under any scheme made under this part or in any corporation hereinafter in this part and in the fifth schedule referred to as the transferee bank that government may, by order, direct that the said undertaking, including the assets and liabilities thereof, shall vest in the transferee bank either on the publication of the notified order or on such other date as may be specified in this behalf by the central government. 5 where the undertaking of the acquired bank and the assets and liabilities thereof vest in the transferee bank under subsection 4, the transferee bank, shall, on and from the date of such vesting, be deemed to have become the transferee of the acquired bank and all the rights and liabilities in relation to the acquired bank shall, on and from the date of such vesting, be deemed to have been the rights and liabilities of the transferee bank. 6 unless otherwise expressly provided by or under this part, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the acquired bank is a party or which are in favour of the acquired bank shall be of as full force and effect against or in favour of the central government, or as the case may be, of the transferee bank, and may be enforced or acted upon as fully and effectually as if in the place of the acquired bank the central government or the transferee bank had been a party thereto or as if they had been issued in favour of the central government or the transferee bank, as the case may be. 7 if, on the appointed day, any suit, appeal or other proceeding of whatever nature is pending by or against the acquired bank, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the acquired bank or of anything contained in this part, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the central government or the transferee bank, as the case may be. 1. ins. by act 58 of , s. 15 w.e.f.

section 36aj. of the banking regulation act : 136aj. procedure of the tribunal. 1 the tribunal shall have power to regulate its own procedure. 2 the tribunal may hold the whole or any part of its inquiry in camera. 3 any clerical or arithmetical error in any order of the tribunal or any error arising therein from any accidental slip or ommission may, at any time, be corrected by the tribunal either of its own motion or on the application of any of the parties. 1. ins. by act 58 of , s. 15 w.e.f.

section 36ad. of the banking regulation act : 136ad. punishments for certain activities in relation to banking companies.1 no person shall a obstruct any person from lawfully entering or leaving any office or place of business of a banking company or from carrying on any business there, or b hold, within the office or place of business of any banking company, any demonstration which is violent or which prevents, or is calculated to prevent, the transaction of normal business by the banking company, or c act in any manner calculated to undermine the confidence of the depositors in the banking company. 2 whoever contravenes any provision of subsection 1 without any reasonable excuse shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 23 for the purposes of this section banking company includes the reserve bank, 3 the exim bank 4the reconstruction bank, 5the national housing bank, the national bank, 6the small industries bank 7, the national bank for financing infrastructure and development or the other development financial institution, the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank. 1. ins. by act 58 of , s. 15 w.e.f. . 2. subs. by act 1 of , s. 32, for subsection 3 w.e.f. . 3. the words the development bank omitted by act 53 of , s. 12 and schedule w.e.f. . 4. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 5. ins. by act 53 of s. 56 and the second schedule w.e.f. . 6. ins. by act 39 of , s. 53 and the second schedule w.e.f. 7. ins. by act 17 of , s. 48 and the third schedule w.e.f. .

section 36ag. of the banking regulation act : 136ag. compensation to be given to shareholders of the acquired bank. 1 every person who, immediately before the appointed day, is registered as a holder of shares in the acquired bank or, where the acquired bank is a banking company incorporated outside india, the acquired bank, shall be given by the central government, or the transferee bank, as the case may be, such compensation in respect of the transfer of the undertaking of the acquired bank as is determined in accordance with the principles contained in the fifth schedule. 2 nothing contained in subsection 1 shall affect the rights inter se between the holder of any share in the acquired bank and any other person who may have any interest in such shares and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share, but not against the central government, or the transferee bank. 3 the amount of compensation to be given in accordance with the principles contained in the fifth schedule shall be determined in the first instance by the central government, or the transferee bank, as the case may be, in consultation with the reserve bank, and shall be offered by it to all those to whom compensation is payable under sub section 1 in full satisfaction thereof. 4 if the amount of compensation offered in terms of subsection 3 is not acceptable to any person to whom the compensation is payable, such person may, before such date as may be notified by the central government in the official gazette, request the central government in writing, to have the matter referred to the tribunal constituted under section 36ah. 5 if, before the date notified under subsection 4, the central government receives requests, in terms of that subsection, from not less than onefourth in number of the shareholders holding not less than onefourth in value of the paidup share capital of the acquired bank, or, where the acquired bank is a banking company incorporated outside india, from the acquired bank, the central government shall have the matter referred to the tribunal for decision. 6 if, before the date notified under subsection 4, the central government does not receive requests as provided in that sub section, the amount of compensation offered under subsection 3, and where a reference has been made to the tribunal, the amount determined by it, shall be the compensation payable under subsection 1 and shall be final and binding on all parties concerned. 1. ins. by act 58 of , s. 15 w.e.f.

section 36ah. of the banking regulation act : 136ah. constitution of the tribunal. 1 the central government may, for the purpose of this part, constitute a tribunal which shall consist of a chairman and two other members. 2 the chairman shall be a person who is, or has been, a judge of a high court or of the supreme court, and, of the two other members, one shall be a person, who, in the opinion of the central government, has had experience of commercial banking and the other shall be a person who is a chartered accountant within the meaning of the chartered accountants act, 38 of . 3 if, for any reason, a vacancy occurs in the office of the chairman or any other member of the tribunal, the central government may fill the vacancy by appointing another person thereto in accordance with the provisions of subsection 2, and any proceeding may be continued before the tribunal, so constituted, from the stage at which the vacancy occurred. 4 the tribunal may, for the purpose of determining any compensation payable under this part, choose one or more persons having special knowledge or experience of any relevant matter to assist it in the determination of such compensation. 1. ins. by act 58 of , s. 15 w.e.f.

section 40. of the banking regulation act : notwithstanding anything to the contrary contained in 1section 466 of the companies act, 1 of , the 2high court shall not make any order staying the proceedings in relation to the winding up of a banking company, unless the 2high court is satisfied that an arrangement has been made whereby the company can pay its depositors in full as their claims accrue 1. subs. by act 95 of , s. 14 and schedule, for section 173 of the indian companies act, 7 of w.e.f. . 2. subs. by act 52 of , s. 4, for court w.e.f. .

section 36b. of the banking regulation act : 1 236b. high court defined.in this part and in part iiia, high court, in relation to a banking company, means the high court exercising jurisdiction in the place where the registered office of the banking company is situated or, in the case of a banking company incorporated outside india, where its principal place of business in india is situated. 1. ins. by act 52 of , s. 3. 2. section 36a renumbered as section 36b by act 33 of , s. 24 w.e.f. .

section 37. of the banking regulation act : 1 the 1high court may on the application of a banking company which is temporarily unable to meet its obligations make an order a copy of which it shall cause to be forwarded to the reserve bank staying the commencement or continuance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it shall think fit and proper, and may from time to time extend the period so however that the total period of moratorium shall not exceed six months. 2 no such application shall be maintainable unless it is accompanied by a report of the reserve bank indicating that in the opinion of the reserve bank the banking company will be able to pay its debts if the application is granted: provided that the 2high court may, for sufficient reasons, grant relief under this section even if the application is not accompanied by such report, and where such relief is granted, the 2high court shall call for a report from the reserve bank on the affairs of the banking company, on receipt of which it may either rescind any order already passed or pass such further orders thereon as may be just and proper in the circumstances. 33 when an application is made under subsection 1, the high court may appoint a special officer who shall forthwith take into his custody or under his control all the assets, books, documents, effects and actionable claims to which the banking company is or appears to be entitled and shall also exercise such other powers as the high court may deem fit to confer on him, having regard to the interests of the depositors of the banking company. 44 where the reserve bank is satisfied that the affairs of a banking company in respect of which an order under subsection 1 has been made, are being conducted in a manner detrimental to the interests of the depositors, it may make an application to the high court for the winding up of the company, and where any such application is made, the high court shall not make any order extending the period for which the commencement or continuance of all actions and proceedings against the company were stayed under that sub section. 1. subs. by act 52 of , s. 4, for court. 2. subs. by act 52 of , s. 4, for court w.e.f. . 3 ins. by s. 5, ibid. w.e.f. . 4 ins. by act 33 of , s. 25 w.e.f.

section 38. of the banking regulation act : 138. winding up by high court.1 notwithstanding anything contained in section 391 section 392, section 433 and section 583 of the companies act, 1 of , but without prejudice to its powers under subsection 1 of section 37 of this act, the high court shall order the winding up of a banking company a if the banking company is unable to pay its debts or b if an application for its winding up has been made by the reserve bank under section 37 or this section. 2 the reserve bank shall make an application under this section for the winding up of a banking company if it is directed so to do by an order under clause b of subsection 4 of section 35. 3 the reserve bank may make an application under this section for the winding up of a banking company a if the banking company i has failed to comply with the requirements specified in section 11 or ii has by reason of the provisions of section 22 become disentitled to carry on banking business in india or iii has been prohibited from receiving fresh deposits by an order under clause a of subsection 4 of section 35 or under clause b of subsection 3a of section 42 of the reserve bank of india act, 2 of . or iv having failed to comply with any requirement of this act other than the requirements laid down in section 11, has continued such failure, or, having contravened any provision of this act has continued such contravention beyond such period or periods as may be specified in that behalf by the reserve bank from time to time, after notice in writing of such failure or contravention has been conveyed to the banking company or b if in the opinion of the reserve bank i a compromise or arrangement sanctioned by a court in respect of the banking company cannot be worked satisfactorily with or without modifications or ii the returns, statements or information furnished to it under or in pursuance of the provisions of this act disclose that the banking company is unable to pay its debts or iii the continuance of the banking company is prejudicial to the interests of its depositors. 4 without prejudice to the provisions contained in section 434 of the companies act, 1 of , a banking company shall be deemed to be unable to pay its debts if it has refused to meet any lawful demand made at any of its offices or branches within two working days, if such demand is made at a place where there is an office, branch or agency of the reserve bank, or within five working days, if such demand is made elsewhere, and if the reserve bank certifies in writing that the banking company is unable to pay its debts. 5 a copy of every application made by the reserve bank under subsection 1 shall be sent by the reserve bank to the registrar. 1. subs. by s. 26, ibid., for section 38 w.e.f. 1 .

section 39. of the banking regulation act : 139. reserve bank to be official liquidator.21 notwithstanding anything contained in section 38a of this act or in section 448 or section 449 of the companies act, 1 of , where in any proceeding for the winding up by the high court of a banking company, an application is made by the reserve bank in this behalf, the reserve bank, the state bank of india or any other bank notified by the central government in this behalf or any individual, as stated in such application shall be appointed as the official liquidator of the banking company in such proceeding and the liquidator, if any, functioning in such proceeding shall vacate office upon such appointment. 32 subject to such directions as may be made by the high court, the remuneration of the official liquidator appointed under this section, the cost and expenses of his establishment and the cost and expenses of the winding up shall be met out of the assets of the banking company which is being wound up, and notwithstanding anything to the contrary contained in any other law for the time being in force, no fees shall be payable to the central government, out of the assets of the banking company. 1. section 39 has been amended by acts 52 of , sections 4 and 7 act 23 of , s. 53 and the fourth schedule act 79 of , s. 43 and the second schedule act 95 of , s. 14 and the schedule act 33 of , s. 27 and act 37 of , s. 2 to read as above. 2. section 39 renumbered as subsection 1 thereof by act 58 of , s. 16 retrospectively. 3. ins. by s. 16, ibid. with retrospective effect.

section 39a. of the banking regulation act : 139a. application of companies act to liquidators.1 all the provisions of the companies act, 1 of , relating to a liquidator, in so far as they are not inconsistent with this act, shall apply to or in relation to a liquidator appointed under section 38a or section 39. 2 any reference to the official liquidator in this part and part iiia shall be construed as including a reference to any liquidator of a banking company. 1. ins. by act 33 of , s. 28 w.e.f. .

section 38a. of the banking regulation act : 138a. court liquidator.1 there shall be attached to every high court a court liquidator to be appointed by the central government for the purpose of conducting all proceedings for the winding up of banking companies and performing such other duties in reference thereto as the high court may impose. 2 4 where having regard to the number of banking companies wound up and other circumstances of the case, the central government is of opinion that it is not necessary or expedient to attach for the time being a court liquidator to a high court, it may, from time to time, by notification in the official gazette, direct that this section shall not have effect in relation to that high court. 1. ins. by act 52 of , s. 6 w.e.f. .

section 44. of the banking regulation act : 144. powers of high court in voluntary winding up.1 notwithstanding anything to the contrary contained in section 484 of the companies act, 1 of , no banking company may be voluntarily wound up unless the reserve bank certifies in writing that the company is able to pay in full all its debts to its creditors as they accrue. 2 the high court may, in any case where a banking company is being wound up voluntarily, make an order that the voluntary winding up shall continue, but subject to the supervision of the court. 3 without prejudice to the provisions contained in sections 441 and 521 of the companies act, 1 of , the high court may of its own motion and shall on the application of the reserve bank, order the winding up of a banking company by the high court in any of the following cases, namely: a where the banking company is being wound up voluntarily and at any stage during the voluntary winding up proceedings the company is not able to meet its debts as they accrue or b where the banking company is being wound up voluntarily or is being wound up subject to the supervision of the court and the high court is satisfied that the voluntary winding up or winding up subject to the supervision of the court cannot be continued without detriment to the interests of the depositors. 1. subs. by act 33 of , s. 30, for section 44 w.e.f. 1 .

section 41. of the banking regulation act : 141. preliminary report by official liquidator.notwithstanding anything to the contrary contained in section 455 of the companies act, 1 of , where a winding up order has been made in respect of a banking company whether before or after the commencement of the banking companies second amendment act, 37 of , the official liquidator shall submit a preliminary report to the high court within two months from the date of the winding up order or where the winding up order has been made before such commencement, within two months from such commencement, giving the information required by that section so far as it is available to him and also stating the amount of assets of the banking company in cash which are in his custody or under his control on the date of the report and the amount of its assets which are likely to be collected in cash before the expiry of that period of two months in order that such assets may be applied speedily towards the making of preferential payments under section 530 of the companies act, and in the discharge, as far as possible, of the liabilities and obligations of the banking company to its depositors and other creditors in accordance with the provisions hereinafter contained and the official liquidator shall make for the purposes aforesaid every endeavour to collect in cash as much of the assets of the banking company as practicable. 1. subs. by act 37 of , s. 3, for s. 41.

section 42. of the banking regulation act : notwithstanding anything to the contrary contained in 1 2section 460 of the companies act, 1 of , the 3high court may, in the proceedings for winding up a banking company, dispense with any meetings of creditors or contributories 4 if it considers that no object will be secured thereby sufficient to justify the delay and expense. 1. subs. by act 95 of , s. 14 and the schedule, for sections 178a and 183 of the indian companies act 7 of w.e.f. . 2. subs. by act 1 of , s. 33, for sections 460, 464, and 465 w.e.f. . 3. subs. by act 52 of , s. 4, for court w.e.f. . 4. the words or with the appointment of a committee of inspection omitted by act 1 of , s. 33 w.e.f. .

section 44a. of the banking regulation act : 144a. procedure for amalgamation of banking companies.1 notwithstanding anything contained in any law for the time being in force, no banking company shall be amalgamated with another banking company, unless a scheme containing the terms of such amalgamation has been placed in draft before the shareholders of each of the banking companies concerned separately, and approved by a resolution passed by a majority in number representing twothirds in value of the shareholders of each of the said companies, present either in person or by proxy at a meeting called for the purpose. 2 notice of every such meeting as is referred to in subsection 1 shall be given to every shareholder of each of the banking companies concerned in accordance with the relevant articles of association indicating the time, place and object of the meeting, and shall also be published at least once a week for three consecutive weeks in not less than two newspapers which circulate in the locality or localities where the registered offices of the banking companies concerned are situated, one of such newspapers being in a language commonly understood in the locality or localities. 3 any shareholder, who has voted against the scheme of amalgamation at the meeting or has given notice in writing at or prior to the meeting to the company concerned or to the presiding officer of the meeting that he dissents from the scheme of amalgamation, shall be entitled, in the event of the scheme being sanctioned by the reserve bank, to claim from the banking company concerned, in respect of the shares held by him in that company, their value as determined by the reserved bank when sanctioning the scheme and such determination by the reserve bank as to the value of the shares to be paid to the dissenting share holder shall be final for all purposes. 4 if the scheme of amalgamation is approved by the requisite majority of shareholders in accordance with the provisions of this section it shall be submitted to the reserve bank for sanction and shall, if sanctioned by the reserve bank by an order in writing passed in this behalf, be bindings on the banking companies concerned and also on all the shareholders thereof. 2 6 on the sanctioning of a scheme of amalgamation by the reserve bank, the property of the amalgamated banking company shall, by virtue of the order of sanction, be transferred to and vest in, and the liabilities of the said company shall, by virtue of the said order be transferred to, and become the liabilities of, the banking company which under the scheme of amalgamation is to acquire the business of the amalgamated banking company, subject in all cases to 3the provisions of the scheme as sanctioned. 46a where a scheme of amalgamation is sanctioned by the reserve bank under the provisions of this section, the reserve bank may, by a further order in writing, direct that on such date as may be specified therein the banking company hereinafter in this section referred to as the amalgamated banking company which by reason of the amalgamation will cease to function, shall stand dissolved and any such direction shall take effect notwithstanding anything to the contrary contained in any other law. 6b where the reserve bank directs a dissolution of the amalgamated banking company, it shall transmit a copy of the order directing such dissolution to the registrar before whom the banking company has been registered and on receipt of such order the registrar shall strike off the name of the company. 6c an order under subsection 4 whether made before or after the commencement of section 19 of the banking laws miscellaneous provisions act, 55 of shall be conclusive evidence that all the requirements of this section relating to amalgamation have been complied with, and a copy of the said order certified in writing by an officer of the reserve bank to be true copy of such order and a copy of the scheme certified in the like manner to be a true copy thereof shall, in all legal proceedings whether in appeal or otherwise and whether instituted before or after the commencement of the said section 19, be admitted as evidence to the same extent as the original order and the original scheme. 57 nothing in the foregoing provisions of this section shall affect the power of the central government to provide for the amalgamation of two or more banking companies 6 under section 396 of the companies act, 1 of provided that no such power shall be exercised by the central government except after consultation with the reserve bank. 1. ins. by act 20 of , s. 8. 2. omitted by act 55 of , s. 19 w.e.f. 12 . 3. subs. by act 55 of , s. 19, for the terms of the order sanctioning the scheme w.e.f. . 4. ins. by s. 19, ibid. w.e.f. . 5. ins. by act 37 of , s. 5 w.e.f. . 6. the words in national interest omitted by act 7 of , s. 3 w.e.f. .

section 41a. of the banking regulation act : 141a. notice to preferential claimants and secured and unsecured creditors.1 within fifteen days from the date of the winding up order of a banking company or where the winding up order has been made before the commencement of the banking companies second amendment act, 37 of , within one month from such commencement, the official liquidator shall, for the purpose of making an estimate of the debts and liabilities of the banking company other than its liabilities and obligations to its depositors, by notice served in such manner as the reserve bank may direct, call upon a every claimant entitled to preferential payment under section 530 of the companies act, 1 of , and b every secured and every unsecured creditor, to send to the official liquidator within one month from the date of the service of the notice a statement of the amount claimed by him. 2 every notice under subsection 1 sent to a claimant having a claim under section 530 of the companies act, 1 of , shall state that if a statement of the claim is not sent to the official liquidator before the expiry of the period of one month from the date of the service, the claim shall not be treated as a claim entitled to be paid under section 530 of the companies act, , in priority to all other debts but shall be treated as an ordinary debt due by the banking company. 3 every notice under subsection 1 sent to a secured creditor shall require him to value his security before the expiry of the period of one month from the date of the service of the notice and shall state that if a statement of the claim together with the valuation of the security is not sent to the official liquidator before the expiry of the said period, then, the official liquidator shall himself value the security and such valuation shall be binding on the creditor. 4 if a claimant fails to comply with the notice sent to him under subsection 1, his claim will not be entitled to be paid under section 530 of the companies act, 1 of , in priority to all other debts but shall be treated as an ordinary debt due by the banking company and if a secured creditor fails to comply with the notice sent to him under subsection 1, the official liquidator shall himself value the security and such valuation shall be binding on the creditor. 1. subs. by act 37 of , s. 3, for s. 41.

section 44b. of the banking regulation act : 1244b. restriction on compromise or arrangement between banking company and creditors. 31 notwithstanding anything contained in any law for the time being in force, no 4high 4high court shall sanction a compromise or arrangement between a banking company and its creditors or any class of them or between such company and its members or any class of them 5or sanction any modification in any such compromise or arrangement unless the compromise or arrangement or modification, as the case may be, is certified by the reserve bank 6in writing as not being incapable of being worked and as not being detrimental to the interests of the depositors of such banking company. 72 where an application under 8section 391 of the companies act, 1 of is made in respect of a banking company, the high court may direct the reserve bank to make an inquiry in relation to the affairs of the banking company and the conduct of its directors and when such a direction is given, the reserve bank shall make such inquiry and submit its report to the high court. 1. subs. by act 20 of , s. 9, for section 45 w.e.f. . 2. section 45 renumbered as section 44b by act 37 of , s. 6 w.e.f.. 3. section 44b renumbered as subsection 1 thereof by act 52 of , s. 9 w.e.f. . 4. subs. by s. 4, ibid., for court w.e.f. . 5. subs. by act 55 of , s. 20, for unless the compromise or arrangement w.e.f. . 6. subs. by act 52 of , s. 9, for as not being detrimental to the interests of the depositors of such company w.e.f. . 7. ins. by s. 9, ibid. w.e.f. . 8. subs. by act 95 of , s. 14 and the schedule, for section 153 of the indian companies act, 7 of w.e.f.

section 43. of the banking regulation act : 143. booked depositors credits to be deemed proved.in any proceeding for the winding up of a banking company, every depositor of the banking company shall be deemed to have filed his claim for the amount shown in the books of the banking company as standing to his credit and, notwithstanding anything to the contrary contained in 2section 474 of the companies act, 1 of the high court shall presume such claims to have been proved, unless the official liquidator shows that there is reason for doubting its correctness. 1. subs. by act 52 of , s. 8, for section 43 w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 191 of the indian companies act 7 of w.e.f.

section 43a. of the banking regulation act : 143a. preferential payments to depositors.1 in every proceeding for the windingup of a banking company where a winding up order has been made, whether before or after the commencement of the banking companies second amendment act, 37 of , within three months from the date of the winding up order or where the winding up order has been made before such commencement, within three months therefrom, the preferential payments referred to in section 530 of the companies act, 1 of , in respect of which statements of claims have been sent within one month from the date of the service of the notice referred to in section 41a, shall be made by the official liquidator or adequate provision for such payments shall be made by him. 2 after the preferential payments as aforesaid have been made or adequate provision has been made in respect thereof, there shall be paid within the aforesaid period of three months a in the first place, to every depositor in the savings bank account of the banking company a sum of two hundred and fifty rupees or the balance at his credit, whichever is less and thereafter, b in the next place, to every other depositor of the banking company a sum of two hundred and fifty rupees or the balance at his credit, whichever is less, in priority to all other debts from out of the remaining assets of the banking company available for payment to general creditors: provided that the sum total of the amounts paid under clause a and clause b to any one person who in his own name and not jointly with any other person is a depositor in the savings bank account of the banking company and also a depositor in any other account, shall not exceed the sum of two hundred and fifty rupees. 3 where within the aforesaid period of three months full payment cannot be made of the amounts required to be paid under clause a or clause b of subsection 2 with the assets in cash, the official liquidator shall pay within that period to every depositor under that clause a or, as the case may be, clause b of that subsection on a pro rata basis so much of the amount due to the depositor under that clause as the official liquidator is able to pay with those assets and shall pay the rest of that amount to every such depositor as and when sufficient assets are collected by the official liquidator in cash. 4 after payments have been made first to depositors in the savings bank account and then to the other depositors in accordance with the foregoing provisions, the remaining assets of the banking company available for payment to general creditors shall be utilised for payment on a pro rata basis of the debts of the general creditors and of the further sums, if any, due to the depositors and after making adequate provision for payment on a pro rata basis as aforesaid of the debts of the general creditors, the official liquidator shall, as and when the assets of the company are collected in cash, make payment on a pro rata basis as aforesaid, of the further sums, if any, which may remain due to the depositors referred to in clause a and clause b of subsection 2. 5 in order to enable the official liquidator to have in his custody or under his control in cash as much of the assets of the banking company as possible, the securities given to every secured creditor may be redeemed by the official liquidator a where the amount due to the creditor is more than the value of the securities as assessed by him or, as the case may be, as assessed by the official liquidator, on payment of such value and b where the amount due to the creditor is equal to or less than the value of the securities as so assessed, on payment of the amount due: provided that where the official liquidator is not satisfied with the valuation made by the creditor, he may apply to the high court for making a valuation. 6 when any claimant, creditor or depositor to whom any payment is to be made in accordance with 225the provisions of this section, cannot be found or is not readily traceable, adequate provision shall be made by the official liquidator for such payment. 7 for the purposes of this section, the payments specified in each of the following clauses shall be treated as payments of a different class, namely: a payments to preferential claimants under section 530 of the companies act, 1 of b payments under clause a of subsection 2 to the depositors in the savings bank account c payments under clause b of subsection 2 to the other depositors d payments to the general creditors and payments to the depositors in addition to those specified in clause a and clause b of subsection 2. 8 the payments of each different class specified in subsection 7 shall rank equally among themselves and be paid in full unless the assets are insufficient to meet them, in which case they shall abate in equal proportion. 3 9 nothing contained in subsections 2, 3, 4, 7 and 8 shall apply to a banking company in respect of the depositors of which the deposit insurance corporation is liable under section 16 of the deposit insurance corporation act, 47 of . 10 after preferential payments referred to in subsection 1 have been made or adequate provision has been made in respect thereof, the remaining assets of the banking company referred to in subsection 9 available for payment to general creditors shall be utilised for payment on pro rata basis of the debts of the general creditors and of the sums due to the depositors: provided that where any amount in respect of any deposit is to be paid by the liquidator to the deposit insurance corporation under section 21 of the deposit insurance corporation act, 47 of , only the balance, if any, left after making the said payment shall be payable to the depositor. 1. subs. by act 37 of , s. 4, for section 43a w.e.f. . 2. subs. by act 47 of , s. 51 and second schedule, for the foregoing provisions w.e.f. . 3. ins. by s. 51 and the second schedule, ibid. w.e.f. .

section 45b. of the banking regulation act : 145b. power of high court to decide all claims in respect of banking companies.the high court shall, save as otherwise expressly provided in section 45c, have exclusive jurisdiction to entertain and decide any claim made by or against a banking company which is being wound up including claims by or against any of its branches in india or any application made under 2section 391 of the companies act, 1 of by or in respect of a banking company or any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of a banking company, whether such claim or question has arisen or arises or such application has been made or is made before or after the date of the order for the winding up of the banking company or before or after the commencement of the banking companies amendment act, 52 of . 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 153 of the indian companies act, 7 of w.e.f. .

section 45c. of the banking regulation act : 145c. transfer of pending proceedings. 1 where a winding up order is made or has been made in respect of a banking company, no suit or other legal proceeding, whether civil or criminal, in respect of which the high court has jurisdiction under this act and which is pending in any other court immediately before the commencement of the banking companies amendment act, 52 of , or the date of the order for the winding up of the banking company, whichever is later, shall be proceeded with except in the manner hereinafter provided. 2 the official liquidator shall, within three months from the date of the winding up order or the commencement of the banking companies amendment act, 52 of , whichever is later, or such further time as the high court may allow, submit to the high court a report containing a list of all such pending proceedings together with particulars thereof. 3 on receipt of a report under subsection 2, the high court may, if it so thinks fit, give the parties concerned an opportunity to show cause why the proceedings should not be transferred to itself and after making an inquiry in such manner as may be provided by rules made under section 45u, it shall make such order as it deems fit transferring to itself all or such of the pending proceedings as may be specified in the order and such proceedings shall thereafter be disposed of by the high court. 4 if any proceeding pending in a court is not so transferred to the high court under subsection 3, such proceeding shall be continued in the court in which the proceeding was pending. 5 nothing in this section shall apply to any proceeding pending in appeal before the supreme court or a high court. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45d. of the banking regulation act : 145d. settlement of list of debtors.1 notwithstanding anything to the contrary contained in any law for the time being in force, the high court may settle in the manner hereinafter provided a list of debtors of a banking company which is being wound up. 2 subject to any rules that may be made under section 52, the official liquidator shall, within six months from the date of the winding up order or the commencement of the banking companies amendment act, 52 of , whichever is later, from time to time, file 88h to the high court lists of debtors containing such particulars as are specified in the fourth schedule: provided that such lists may, with the leave of the high court, be filed after the expiry of the said period of six months. 3 on receipt of any list under subsection 2, the high court shall, wherever necessary, cause notices to be issued on all persons affected and after making an inquiry in such manner as may be provided by rules made under section 45u, it shall make an order settling the list of debtors: provided that nothing in this section shall debar the high court from settling any such list in part as against such of the persons whose debts have been settled without settling the debts of all the persons placed on the list. 4 at the time of the settlement of any such list, the high court shall pass an order for the payment of the amount due by each debtor and make such further orders as may be necessary in respect of the relief claimed, including reliefs against any guarantor or in respect of the realisation of any security. 5 every such order shall, subject to the provisions for appeal, be final and binding for all purposes as between the banking company on the one hand and the person against whom the order is passed and all persons claiming through or under him on the other hand, and shall be deemed to be a decree in a suit. 6 in respect of every such order, the high court shall issue a certificate specifying clearly the reliefs granted and the names and descriptions of the parties whom such reliefs have been granted, the amount of costs awarded and by whom, and out of what funds and in what proportions, such costs are to be paid and every such certificate shall be deemed to be a certified copy of the decree for all purposes including execution. 7 at the time of settling the list of debtors or at any other time prior or subsequent thereto, the high court shall have power to pass any order in respect of a debtor on the application of the official liquidator for the realisation, management, protection, preservation or sale of any property given as security to the banking company and to give such powers to the official liquidator to carry out the aforesaid directions as the high court thinks fit. 8 the high court shall have power to sanction a compromise in respect of any debt and to order the payment of any debt by instalments. 9 in any case in which any such list is settled ex parte as against any person, such person may, within thirty days from the date of the order settling the list, apply to the high court for an order to vary such list, so far as it concerns him, and if the high court is satisfied that he was prevented by any sufficient cause from appearing on the date fixed for the settlement of such list and that he has a good defence to the claim of the banking company on merits, the high court may vary the list and pass such orders in relation thereto as it thinks fit: provided that the high court may, if it so thinks fit, entertain the application after the expiry of the said period of thirty days. 10 nothing in this section shall a apply to a debt which has been secured by a mortgage of immovable property, if a third party has any interest in such immovable property or b prejudice the rights of the official liquidator to recover any debt due to a banking company under any other law for the time being in force. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45a. of the banking regulation act : 145a. part iiia to override other laws.the provisions of this part and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in the 2companies act, 1 of or the code of civil procedure, 5 of of the 3code of criminal procedure, 2 of or any other law for the time being in force or any instrument having effect by virtue of any such law but the provisions of any such law or instrument in so far as the same are not varied by, or inconsistent with, the provisions of this part or rules made thereunder shall apply to all proceedings under this part. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for indian companies act, 7 of w.e.f. . 3. subs. by act 1 of , s. 35, for code of criminal procedure 5 of w.e.f. .

section 45. of the banking regulation act : 145. power of reserve bank to apply to central government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation.1 notwithstanding anything contained in the foregoing provisions of this part or in any other law or 2any 2any agreement or other instrument, for the time being in force, where it appears to the reserve bank that there is good reason so to do, the reserve bank may apply to the central government for an order of moratorium in respect of 3a banking company. 2 the central government, after considering the application made by the reserve bank under subsection 1, may make an order of moratorium staying the commencement or continuance of all actions and proceedings against the company for a fixed period of time on such terms and conditions as it thinks fit and proper and may from time to time extend the period so however that the total period of moratorium shall not exceed six months. 3 except as otherwise provided by any directions given by the central government in the order made by it under subsection 2 or at any time thereafter, the banking company shall not during the period of moratorium make any payment to any depositors or discharge any liabilities or obligations to any other creditors. 44 during the period of moratorium, if the reserve bank is satisfied that a in the public interest or b in the interests of the depositors or c in order to secure the proper management of the banking company or d in the interests of the banking system of the country as a whole, it is necessary so to do, the reserve bank may prepare a scheme i for the reconstruction of the banking company, or ii for the amalgamation of the banking company with any other banking institution in this section referred to as the transferee bank. 5 the scheme aforesaid may contain provisions for all or any of the following matters, namely: a the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, the liabilities, duties and obligations of the banking company on its reconstruction or, as the case may be, of the transferee bank b in the case of amalgamation of the banking company, the transfer to the transferee bank of the business, properties, assets and liabilities of the banking company on such terms and conditions as may be specified in the scheme c and change in the board of directors, or the appointment of a new board of directors, of the banking company on its reconstruction or, as the case may be, of the transferee bank and the authority by whom, the manner in which, and the other terms and conditions on which, such change or appointment shall be made and in the case of appointment of a new board of directors or of any director, the period for which such appointment shall be made d the alteration of the memorandum and articles of association of the banking company on its reconstruction or, as the case may be, of the transferee bank for the purpose of altering the capital thereof or for such other purposes as may be necessary to give effect to the reconstruction or amalgamation e subject to the provisions of the scheme, the continuation by or against the banking company on its reconstruction or, as the case may be, the transferee bank, of any actions or proceedings pending against the banking company immediately before the date of the order of moratorium f the reduction of the interest or rights which the members depositors and other creditors have in or against the banking company before its reconstruction or amalgamation to such extent as the reserve bank considers necessary in the public interest or in the interests of the members, depositors and other creditors or for the maintenance of the business of the banking company g the payment in cash or otherwise to depositors and other creditors in full satisfaction of their claim i in respect of their interest or rights in or against the banking company before its reconstruction or amalgamation or ii where their interest or rights aforesaid in or against the banking company has or have been reduced under clause f, in respect of such interest or rights as so reduced h the allotment to the members of the banking company for shares held by them therein before its reconstruction or amalgamation whether their interest in such shares has been reduced under clause f or not, of shares in the banking company on its reconstruction or, as the case may be, in the transferee bank and where any members claim payment in cash and not allotment of shares, or where it is not possible to allot shares to any members, the payment in cash to those members in full satisfaction of their claim i in respect of their interest in shares in the banking company before its reconstruction or amalgamation or ii where such interest has been reduced under clause f in respect of their interest in shares as so reduced i the continuance of the services of all the employees of the banking company excepting such of them as not being workmen within the meaning of the industrial disputes act, 14 of are specifically mentioned in the scheme in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the date of the order of moratorium: provided that the scheme shall contain a provision that i the banking company shall pay or grant not later than the expiry of the period of three years from the date on which the scheme is sanctioned by the central government, to the said employees the same remuneration and the same terms and conditions of service 5as are, at the time of such payment or grant, applicable to employees of corresponding rank or status of a comparable banking company to be determined for this purpose by the reserve bank whose determination in this respect shall be final ii the transferee bank shall pay or grant not later than the expiry of the aforesaid period of three years, to the said employees the same remuneration and the same terms and conditions of service 5as are, at the time of such payment or grant, applicable to the other employees of corresponding rank or status of the transferee bank subject to the qualifications and experience of the said employees being the same as or equivalent to those of such other employees of the transferee bank: provided further that if in any case under clause ii of the first proviso any doubt or difference arises as to whether the qualification and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee bank, 6the doubt or difference shall be referred, before the expiry of a period of three years from the date of the payment or grant mentioned in that clause, to the reserve bank whose decision thereon shall be final j notwithstanding anything contained in clause i where any of the employees of the banking company not being workmen within the meaning of the industrial disputes act, 14 of are specifically mentioned in the scheme under clause i, or where any employees of the banking company have by notice in writing given to the banking company or, as the case may be, the transferee bank at any time before the expiry of the one month next following the date on which the scheme is sanctioned by the central government, intimated their intention of not becoming employees of the banking company on its reconstruction or, as the case may be, of the transferee bank, the payment to such employees of compensation if any, to which they are entitled under the industrial disputes act, 14 of , and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisations of the banking company immediately before the date of the order of moratorium k any other terms and conditions for the reconstruction or amalgamation of the banking company l such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction or amalgamation shall be fully and effectively carried out. 6 a a copy of the scheme prepared by the reserve bank shall be sent in draft to the banking company and also to the transferee bank and any other banking company concerned in the amalgamation, for suggestions and objections, if any, within such period as the reserve bank may specify for this purpose. b the reserve bank may make such modifications, if any, in the draft scheme as it may consider necessary in the light of the suggestions and objections received from the banking company and also from the transferee bank, and any other banking company concerned in the amalgamation and from any members, depositors or other creditors of each of those companies and the transferee bank. 7 the scheme shall thereafter be placed before the central government for its sanction and the central government may sanction the scheme without any modifications or with such modifications as it may consider necessary and the scheme as sanctioned by the central government shall come into force on such date as the central government may specify in this behalf: provided that different dates may be specified for different provisions of the scheme. 77a the sanction accorded by the central government under subsection 7, whether before or after the commencement of section 21 of the banking laws miscellaneous provisions act, 55 of , shall be conclusive evidence that all the requirements of this section relating to reconstruction, or, as the case may be, amalgamation have been complied with and a copy of the sanctioned scheme certified in writing by an officer of the central government to be a true copy thereof, shall, in all legal proceedings whether in appeal or otherwise and whether instituted before or after the commencement of the said section 21, be admitted as evidence to the same extent as the original scheme. 8 on and from the date of the coming into operation of the scheme or any provision thereof, the scheme or such provision shall be binding on the banking company or, as the case may be, on the transferee bank and any other banking company concerned in the amalgamation and also on all the members, depositors and other creditors and employees of each of those companies and of the transferee bank, and on any other person having any right or liability in relation to any of those companies or the transferee bank 8including the trustees or other persons managing, or connected in any other manner with, any provident fund or other fund maintained by any of those companies or the transferee bank. 9 9on and from the date of the coming into operation of, or as the case may be, the date specified in this behalf in the scheme the properties and assets of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vest in, and the liabilities of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and become the liabilities of the transferee bank. 10 if any difficulty arises in giving effect to the provisions of the scheme, the central government may by order do anything not inconsistent with such provisions which appears to it necessary or expedient for the purpose of removing the difficulty. 11 copies of the scheme or of any order made under subsection 10 shall be laid before both houses of parliament, as soon as may be, after the scheme has been sanctioned by the central government, or, as the case may be, the order has been made. 12 where the scheme is a scheme for amalgamation of the banking company, any business acquired by the transferee bank under the scheme or under any provision thereof shall, after the coming into operation of the scheme or such provision, be carried on by the transferee bank in accordance with the law governing the transferee bank, subject to such modifications in that law or such exemptions of the transferee bank from the operation of any provisions thereof as the central government on the recommendation of the reserve bank may, by notification in the official gazette, make for the purpose of giving full effect to the scheme: provided that no such modification or exemption shall be made so as to have effect for a period of more than seven years from the date of the acquisition of such business. 13 nothing in this section shall be deemed to prevent the amalgamation with a banking institution by a single scheme of several banking companies in respect of each of which an order of moratorium has been made under this section. 14 the provisions of this section and of any scheme made under it shall have effect notwithstanding anything to the contrary contained in any other provisions of this act or in any other law or any agreement, award or other instrument for the time being in force. 15 in this section, banking institution means any banking company and includes the state bank of india or 9a subsidiary bank or a corresponding new bank. 8explanation.references in this section to the terms and conditions of service of as applicable to an employee shall not be construed as extending to the rank and status of such employee. 1 ins. by act 37 of , s. 6 w.e.f. . 2 subs. by act 7 of , s. 4, for any agreement w.e.f. . 3 subs. by s. 4, ibid., for the banking companyw.e.f. . 4 subs. by s. 4, ibid., for subsections 4 to 9 w.e.f. . 5 subs. by act 1 of , s. 34, for as are applicable w.e.f. . 6 subs. by act 11 of , s. 34, for the doubt or difference shall be referred w.e.f. . 7 ins. by act 55 of , s. 21 w.e.f. . 8 ins. by act 1 of , s. 34 w.e.f. . 9 subs. by s. 34, ibid., for certain words w.e.f .

section 45i. of the banking regulation act : 145i. duty of directors and officers of banking company to assist in the realisation of property.every director or other officer of a banking company which is being wound up shall give such assistance to the official liquidator as he may reasonably require in connection with the realisation and distribution of the property of the banking company. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45e. of the banking regulation act : 145e. special provisions to make calls on contributories. notwithstanding that the list of the contributories has not been settled under 2 section 467 of the companies act, 1 of , the high court may, if it appears to it necessary or expedient so to do, at any time after making a winding up order, make a call on and order payment thereof by any contributory under subsection 1 of 3section 470 of the companies act, if such contributory has been placed on the list of contributories by the official liquidator and has not appeared to dispute his liability. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 184 of the indian companies act, 7 of w.e.f. . 3. subs. by s. 14 and the schedule, ibid., for section 187 of the indian companies act, 7 of w.e.f.

section 45f. of the banking regulation act : 145f. documents of banking company to be evidence.1 entries in the books of account or other documents of a banking company which is being wound up shall be admitted in evidence in all 2legal proceedings and all such entries may be proved either by the production of the books of account or other documents of the banking company containing such entries or by the production of a copy of the entries, certified by the official liquidator under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the books of account or other documents of the banking company in his possession. 2 notwithstanding anything to the contrary contained in the indian evidence act, 1 of all such entries in the books of account or other documents of a banking company shall, as against the directors 3officers and other employees of the banking company in respect of which the winding up order has been made 4, be prima facie evidence of the truth of all matters purporting to be therein recorded. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 55 of , s. 22, for proceedings by or against the banking company w.e.f. . 3. ins. by s. 22, ibid. w.e.f. . 4. the words, brackets and figures before the commencement of the banking companies amendment act, omitted by s. 22, ibid. w.e.f. .

section 45g. of the banking regulation act : 145g. public examination of directors and auditors.1 where an order has been made for the winding up of a banking company, the official liquidator shall submit a report whether in his opinion any loss has been caused to the banking company since its formation by any act or omission whether or not a fraud has been committed by such act or omission of any person in the promotion or formation of the banking company or of any director or auditor of the banking company. 2 if, on consideration of the report submitted under subsection 1, the high court is of opinion that any person who has taken part in the promotion or formation of the banking company or has been a director or an auditor of the banking company should be publicly examined, it shall hold a public sitting on a date to be appointed for that purpose and direct that such person, director or auditor shall attend thereat and shall be publicly examined as to the promotion or formation or the conduct of the business of the banking company, or as to his conduct and dealings, in so far as they relate to the affairs of the banking company: provided that no such person shall be publicly examined unless he has been given an opportunity to show cause why he should not be so examined. 3 the official liquidator shall take part in the examination and for that purpose may, if specially authorised by the high court in that behalf, employ such legal assistance as may be sanctioned by the high court. 4 any creditor or contributory may also take part in the examination either personally or by any person entitled to appear before the high court. 5 the high court may put such questions to the person examined as it thinks fit. 6 the person examined shall be examined on oath and shall answer all such questions as the high court may put or allow to be put to him. 7 a person ordered to be examined under this section may, at his own cost, employ any person entitled to appear before the high court who shall be at liberty to put to him such questions as the high court may deem just for the purpose of enabling him to explain or qualify any answer given by him: provided that if he is, in the opinion of the high court, exculpated from any charges made or suggested against him, the high court may allow him such costs in its discretion as it may deem fit. 8 notes of the examination shall be taken down in writing, and shall be read over to or by, and signed by, the person examined and may thereafter be used in evidence against him in any proceeding, civil or criminal, and shall be open to the inspection of any creditor or contributory at all reasonable times. 9 where on such examination, the high court is of opinion whether a fraud has been committed or not a that a person, who has been a director of the banking company, is not fit to be a director of a company, or b that a person, who has been an auditor of the banking company or a partner of a firm acting as such auditor, is not fit to act as an auditor of a company or to be a partner of a firm acting as such auditor, the high court may make an order that person shall not, without the leave of the high court, be a director of, or in any way, whether directly or indirectly, be concerned or take part in the management of any company or, as the case may be, act as an auditor of, or be a partner of a firm acting as auditors of, any company for such period not exceeding five years as may be specified in the order. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45k. of the banking regulation act : 145k. power of high court to enforce schemes of arrangements, etc. omitted by the banking companies amendment act, 33 of , s. 31 w.e.f. . 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45n. of the banking regulation act : 145n. appeals.1 an appeal shall lie from any order or decision of the high court in a civil proceeding under this act when the amount or value of the subjectmatter of the claim exceeds five thousand rupees. 2 the high court may by rules provide for an appeal against any order made under section 45j and the conditions subject to which any such appeal would lie. 3 subject to the provisions of subsection 1 and subsection 2 and notwithstanding anything contained in any other law for the time being in force, every order or decision of the high court shall be final and binding for all purposes as between the banking company on the one hand, and all persons who are parties thereto and all persons claiming through or under them or any of them, on the other hand. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45h.special provisions for assessing damages against delinquent directors, etc of the banking regulation act : 145h. special provisions for assessing damages against delinquent directors, etc.1 where an application is made to the high court under 2section 543 of the companies act, 1 of against any promoter, director, manager, liquidator or officer of a banking company for repayment or restoration of any money or property and the applicant makes out a prima facie case against such person, the high court shall make an order against such person to repay and restore the money or property unless he proves that he is not liable to make the repayment or restoration either wholly or in part: provided that where such an order is made jointly against two or more such persons, they shall be jointly and severally liable to make the repayment or restoration of the money or property. 2 where an application is made to the high court under 2section 543 of the companies act, 1 of and the high court has reason to believe that a property belongs to any promoter, director, manager, liquidator or officer of the banking company, whether the property stands in the name of such person or any other person as an ostensible owner, then the high court may, at any time, whether before or after making an order under subsection 1, direct the attachment of such property, or such portion thereof, as it thinks fit and the property so attached shall remain subject to attachment unless the ostensible owner can prove to the satisfaction of the high court that he is the real owner and the provisions of the code of civil procedure, 5 of relating to attachment of property shall, as far as may be, apply to such attachment. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 235 of the indian companies act, 7 of w.e.f. .

section 45p.reserve bank to tender advice in winding up proceedings of the banking regulation act : 145p. reserve bank to tender advice in winding up proceedings.where in any proceeding for the winding up of a banking company in which any person other than the reserve bank has been appointed as the official liquidator and the high court has directed the official liquidator to obtain the advice of the reserve bank on any matter which it is hereby empowered to do, it shall be lawful for the reserve bank to examine the record of any such proceeding and tender such advice on the matter as it may think fit. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45l., in respect of a banking company under schemes of arrangement of the banking regulation act : 145l. public examination of directors and auditors, etc., in respect of a banking company under schemes of arrangement.1 where an application for sanctioning a compromise or arrangement in respect of a banking company is made under 2section 391 of the companies act, 1 of or where such sanction has been given and the high court is of opinion, whether on a report of the reserve bank or otherwise, that any person who has taken part in the promotion or formation of the banking company or has been a director or auditor of the banking company should be publicly examined, it may direct such examination of such person and the provisions of section 45g shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up. 2 where a compromise or arrangement is sanctioned under 2section 391 of the companies act, 1 of in respect of a banking company, the provisions of 3section 543 of the said act and of section 45h of this act shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the compromise or arrangement were an order for the winding up of the banking company. 43 where 5a scheme of reconstruction or amalgamation of a banking company has been sanctioned by the central government under section 45 and the central government is of opinion that any person who has taken part in the promotion or formation of the banking company or has been a director or auditor of the banking company should be publicly examined, that government may apply to the high court for the examination of such person and if on such examination the high court finds whether a fraud has been committed or not that person is not fit to be a director of a company or to act as an auditor of a company or to be a partner of a firm acting as such auditors, the central government shall make an order that that person shall not, without the leave of the central government, be a director of, or in any way, whether directly or indirectly, be concerned or take part in the management of any company or, as the case may be, act as an auditor of, or be a partner of a firm acting as auditors of, any company for such period not exceeding five years as may be specified in the order. 4 where 5a scheme of reconstruction or amalgamation of a banking company has been sanctioned by the central government under section 45, the provisions of section 543 of the companies act, 1 of , and of section 45h of this act shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the scheme of reconstruction or amalgamation as the case may be, were an order for the winding up of the banking company and any reference in the said section 543 to the application of the official liquidator shall be construed as a reference to the application of the central government. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 153 of the indian companies act, 7 of w.e.f. . 3. subs. by s. 14 and the schedule, ibid., for section 235of the said act w.e.f. . 4. ins. by act 37 of , s. 7 w.e.f. . 5. subs. by act 7 of , s. 5, for a scheme of reconstruction of a banking company or its amalgamation with another banking company w.e.f. .

section 45j. of the banking regulation act : 145j. special provisions for punishing offences in relation to banking companies being wound up.1 the high court may, if it thinks fit, take cognizance of and try in a summary way any offence alleged to have been committed by any person who has taken part in the promotion or formation of the banking company which is being wound up or by any director, manager or officer thereof: provided that the offence is one punishable under this act or under the 2companies act, 1 of . 2 when trying any such offence as aforesaid, the high court may also try any other offence not referred to in subsection 1 which is an offence with which the accused may, under the 3code of criminal procedure 2 of be charged at the same trial. 3 in any case tried summarily under subsection 1, the high court a need not summon any witness, if it is satisfied that the evidence of such witness will not be material b shall not be bound to adjourn a trial for any purpose unless such adjournment is, in the opinion of the high court, necessary in the interests of justice c shall, before passing any sentence, record judgment embodying the substance of the evidence and also the particulars specified in section 263 of the 3code of criminal procedure, 2 of so far as that section may be applicable, and nothing contained in subsection 2 of section 262 of the 3code of criminal procedure, 2 of shall apply to any such trial. 4 all offences in relation to winding up alleged to have been committed by any person specified in subsection 1 which are punishable under this act or under the 3companies act, 1 of and which are not tried in a summary way under subsection 1 shall, notwithstanding anything to the contrary contained in that act or the 3code of criminal procedure, 2 of or in any other law for the time being in force, be taken cognizance of and tried by a judge of the high court other than the judge for the time being dealing with the proceedings for the winding up of the banking company. 5 notwithstanding anything to the contrary contained in the 3code of criminal procedure, 2 of , the high court may take cognizance of any offence under this section without the accused being committed to it for trial 4. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by s. 14 and the schedule, ibid., for indian companies act, 7 of w.e.f. . 3. subs. by act 1 of , s. 35, for code of criminal procedure, 5 of w.e.f. . 4. the words and all such trials shall be without the aid of a jury omitted by s. 35, ibid. w.e.f..

section 45r.power to call for returns and information of the banking regulation act : 145r. power to call for returns and information.the reserve bank may, at any time by a notice in writing, require the liquidator of a banking company to furnish it, within such time as may be specified in the notice or such further time as the reserve bank may allow, any statement or information relating to or connected with the winding up of the banking company and it shall be the duty of every liquidator to comply with such requirements. explanation.for the purposes of this section and section 45q, a banking company working under a compromise or arrangement but prohibited from receiving fresh deposits, shall, as far as may be, be deemed to be a banking company which is being wound up. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45m. of the banking regulation act : 145m. special provisions for banking companies working under schemes of arrangement at the commencement of the amendment act.where any compromise or arrangement sanctioned in respect of a banking company under 2section 391 of the companies act, 1 of , is being worked at the commencement of the banking companies amendment act, 52 of , the high court may, if it so thinks fit on the application of such banking company, a excuse any delay in carrying out any of the provisions of the compromise or arrangement or b allow the banking company to settle the list of its debtors in accordance with the provisions of section 45d and in such a case, the provisions of the said section shall, as far as may be, apply to the banking company as they apply to a banking company which is being wound up as if the order sanctioning the compromise or arrangement were an order for the winding up of the banking company. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 153 of the indian companies act, 7 of w.e.f. .

section 45o.special period of limitation of the banking regulation act : 145o. special period of limitation.1 notwithstanding anything to the contrary contained in the indian limitation act, 9 of or in any other law for the time being in force, in computing the period of limitation prescribed for a suit or application by a banking company which is being wound up, the period commencing from the date of the presentation of the petition for the winding up of the banking company shall be excluded. 2 notwithstanding anything to the contrary contained in the indian limitation act, 9 of or 2section 543 of the companies act, 1 of or in any other law for the time being in force, there shall be no period of limitation for the recovery of arrears of calls from any director of a banking company which is being wound up or for the enforcement by the banking company against any of its directors of any claim based on a contract, express or implies and in respect of all other claims by the banking company against its directors, the period of limitation shall be twelve years from the date of the accrual of such claims 3or five years from the date of the first appointment of the liquidator, whichever is longer. 3 the provisions of this section, in so far as they relate to banking companies being wound up, shall also apply to a banking company in respect of which a petition for the winding up has been presented before the commencement of the banking companies amendment act, 52 of . 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. subs. by act 95 of , s. 14 and the schedule, for section 235 of the indian companies act, 7 of w.e.f. . 3. ins. by act 33 of , s. 32 w.e.f. .

section 45q.power to inspect of the banking regulation act : 145q. power to inspect.1 the reserve bank shall, on being directed so to do by the central government or by the high court, cause an inspection to be made by one or more of its officers of a banking company which is being wound up and its books and accounts. 2 on such inspection, the reserve bank shall submit its report to the central government and the high court. 3 if the central government, on consideration of the report of the reserve bank, is of opinion that there has been a substantial irregularity in the winding up proceedings, it may bring such irregularity to the notice of the high court for such action as the high court may think fit. 4 on receipt of the report of the reserve bank under subsection 2 or on any irregularity being brought to its notice by the central government under subsection 3, the high court may, if it deems fit, after giving notice to and hearing the central government in regard to the report, give such directions as it may consider necessary. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45z. of the banking regulation act : 145z. return of paid instruments to customers.1 where a banking company is required by its customer to return to him a paid instrument before the expiry of the period specified by rules made under section 45y, the banking company shall not return the instrument except after making and keeping in its possession a true copy of all relevant parts of such instrument, such copy being made by a mechanical or other process which in itself ensures the accuracy of the copy. 2 the banking company shall be entitled to recover from the customer the cost of making such copies of the instrument. explanation.in this section, customer includes a government department and a corporation incorporated by or under any law. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45s. of the banking regulation act : 145s. chief presidency magistrate and district magistrate to assist official liquidator in taking charge of property of banking company being wound up.1 for the purpose of enabling the official liquidator or the special officer appointed under subsection 3 of section 37 to take into his custody or under his control, all property, effects and actionable claims to which a banking company 2 is or appears to be entitled, the official liquidator or the special officer, as the case may be, may request in writing the 3chief metropolitan magistrate or the chief judicial magistrate, within whose jurisdiction any property, books of account or other documents of such banking company may be situate or be found, to take possession thereof, and the 3chief metropolitan magistrate or the chief judicial magistrate, as the case may be, shall, on such request being made to him, 4a take possession of such property, books of accounts or other documents, and b forward them to the official liquidator or the special officer. 52 where any such property and effects are in the possession of the 3chief metropolitan magistrate or the chief judicial magistrate, as the case may be, such magistrate shall, on request in writing being made to him by the official liquidator or the special officer referred to in subsection 1, sell such property and effects and forward the net proceeds of the sale to the official liquidator or the special officer: provided that such sale shall, as far as practicable, be effected by public auction. 3 for the purpose of securing compliance with the provisions of subsection 1, the 3chief metropolitan magistrate or the chief judicial magistrate, may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary. 4 no act of the 3chief metropolitan magistrate or the chief judicial magistrate done in pursuance of this section shall be called in question in any court or before any autority. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 2. the words , which has been ordered to be wound up omitted by act 55 of , s. 23 w.e.f. . 3. subs. by act 1 of , s. 36, for chief presidency magistrate or the district magistrate w.e.f.. 4. subs. by act 55 of , s. 23, for certain words w.e.f. . 5.. subs. by s. 23, ibid., for subsection 2 w.e.f. .

section 45t. of the banking regulation act : 145t. enforcement of orders and decisions of high court.1 all orders made in any civil proceeding by a high court may be enforced in the same manner in which decrees of such court made in any suit pending therein may be enforced. 2 notwithstanding anything to the contrary contained in the code of civil procedure, 5 of , a liquidator may apply for the execution of a decree by a court other than the one which made it on production of a certificate granted under subsection 6 of section 45d and on his certifying to such other court in writing the amount remaining due or relief remaining unenforced under the decree. 3 without prejudice to the provisions of subsection 1 or subsection 2, any amount found due to the banking company by an order or decision of the high court may, with the leave of the high court, be recovered 2by the liquidator in the same manner as an arrear of land revenue and for the purpose of such recovery the liquidator may forward to the collector within whose jurisdiction the property of the person against whom any order or decision of the high court has been made is situate, a certificate under his signature specifying the amount so due and the person by whom it is payable. 34 on receipt of a certificate under subsection 3, the collector shall proceed to recover from such person the amount specified therein as if it were an arrear of land revenue: provided that without prejudice to any other powers of the collector, he shall, for the purposes of recovering the said amount, have all the powers, which, under the code of civil procedure, 5 of , a civil court has for the purpose of the recovery of an amount due under a decree. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. . 270 subs. s. 24, ibid., for in the same manner as an arrear of land revenue w.e.f. 12 . 271 ins. by s. 24, ibid. w.e.f. .

section 45y. of the banking regulation act : show related subordinates 145y. power of central government to make rules for the preservation of records.the central government may, after consultation with the reserve bank and by notification in the official gazette, make rules specifying the periods for which a a banking company shall preserve its books, accounts and other documents and b a banking company shall preserve and keep with itself different instruments paid by it. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45za. of the banking regulation act : show related subordinates 145za. nomination for payment of depositors money.1 where a deposit is held by a banking company to the credit of one or more persons, the depositor or, as the case may be, all the depositors together, may nominate, in the prescribed manner, one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the banking company. 2 notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purports to confer on any person the right to receive the amount of deposit from the banking company, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. 3 where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint in the prescribed manner any person to receive the amount of deposit in the event of his death during the minority of the nominee. 4 payment by a banking company in accordance with the provisions of this section shall constitute a full discharge to the banking company of its liability in respect of the deposit: provided that nothing contained in this subsection shall effect the right or claim which any person may have against the person to whom any payment is made under this section. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45u. of the banking regulation act : 145u. power of high court to make rules.the high court may make rules consistent with this act and the rules made under section 52 prescribing a the manner in which inquiries and proceedings under part iii or part iiia may be held b the offences which may be tried summarily c the authority to which, and the conditions subject to which, appeals may be preferred and the manner in which such appeals may be filed and heard d any other matter for which provision has to be made for enabling the high court to effectively exercise its functions under this act. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45zb. of the banking regulation act : 145zb. notice of claims of other persons regarding deposits not receivable.no notice of the claim of any person, other than the person or persons in whose name a deposit is held by a banking company, shall be receivable by the banking company, nor shall the banking company be bound by any such notice even though expressly given to it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a banking company, the banking company shall take due note of such decree, order, certificate or other authority. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45v., shall be construed as including references to past directors, etc. of the banking regulation act : 145v. references to directors, etc., shall be construed as including references to past directors, etc.for the removal of doubts it is hereby declared that any reference in this part to a director, manager, liquidator, officer or auditor of a banking company shall be construed as including a reference to any past or present director, manager, liquidator, officer or auditor of the banking company. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45zd. of the banking regulation act : 145zd. notice of claims of other persons regarding articles not receivable.no notice of the claim of any person, other than the person or persons in whose name any article is held by a banking company in safe custody, shall be receivable by the banking company, nor shall the banking company be bound by any such notice even though expressly given to it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such article is produced before a banking company, the banking company shall take due note of such decree, order, certificate or other authority. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45w.part ii not to apply to banking companies being wound up of the banking regulation act : 145w. part ii not to apply to banking companies being wound up.nothing contained in part ii shall apply to a banking company which is being wound up. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45ze. of the banking regulation act : show related subordinates 145ze. release contents of safety release of lockers.1 where an individual is the sole hirer of a locker from a banking company, whether such locker is located in the safe deposit vault of such banking company or elsewhere, such individual may nominate one person to whom, in the event of the death of such individual, the banking company may give access to the locker and liberty to remove the contents of the locker. 2 where any such locker is hired from a banking company by two or more individuals jointly, and, under the contract of hire, the locker is to be operated under the joint signatures of two or more of such hirers, such hirers may nominate one or more persons to whom, in the event of the death of such joint hirer or hirers, the banking company may give, jointly with the surviving joint hirer or joint hirers, as the case may be, access to the locker and liberty to remove the contents of such locker. 3 every nomination under subsection 1 or subsection 2 shall be made in the prescribed manner. 4 the banking company shall, before permitting the removal of the contents of any locker by any nominee or jointly by any nominee and survivors as aforesaid, prepare, in such manner as may be directed by the reserve bank from time to time, an inventory of the contents of the locker which shall be signed by such nominee or jointly by such nominee and survivors and shall deliver a copy of the inventory so prepared to such nominee or nominee and survivors. 5 on the removal of the contents of any locker by any nominee or jointly by any nominee and survivors as aforesaid, the liability of the banking company in relation to the contents of the locker shall stand discharged. 6 no suit, prosecution or other legal proceeding shall lie against a banking company for any damage caused or likely to be caused, for allowing access to any locker, and liberty to remove the contents of such locker, in pursuance of the provisions of subsection 1 or subsection 2, as the case may be. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45x. of the banking regulation act : 145x. validation of certain proceedings.notwithstanding anything contained in section 45b or any other provision of this part or in section 11 of the banking companies amendment act, 20 of , no proceeding held, judgment delivered or decree or order made before the commencement of the banking companies amendment act, 52 of , by any court other than the high court in respect of any matter over which the high court has jurisdiction under this act shall be invalid or be deemed ever to have been invalid merely by reason of the fact that such proceeding, judgment, decree or order was held, delivered or made by a court other than the high court. 1. subs. by act 52 of , s. 10, for part iiia w.e.f. .

section 45zc. of the banking regulation act : show related subordinates 145zc. nomination for return of articles kept in safe custody with banking company.1 where any person leaves any article in safe custody with a banking company, such person may nominate, in the prescribed manner, one person to whom, in the event of the death of the person leaving the article in safe custody, such article may be returned by the banking company. 2 where the nominee is a minor, it shall be lawful for the person making the nomination to appoint in the prescribed manner any person to receive the article deposited in the event of his death during the minority of the nominee. 3 the banking company shall, before returning any articles under this section to the nominee or the person appointed under subsection 2, prepare, in such manner as may be directed by the reserve bank from time to time, an inventory of the said articles which shall be signed by such nominee or person and shall deliver a copy of the inventory so prepared to such nominee or person. 4 notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such article, where a nomination made in the prescribed manner purports to confer on any person the right to receive the article from the banking company, the nominee shall, on the death of the person leaving the article in safe custody, become entitled to the return of the article to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner: provided that nothing contained in this section shall affect the right or claim which any person may have against the person to whom the article is returned in pursuance of this subsection. 1. ins. by act 1 of , s. 37 w.e.f. .

section 45zf. of the banking regulation act : 145zf. notice of claims of other persons regarding safety lockers not receivable.no notice of the claim of any person, other than hirer or hirers of a locker, shall be receivable by a banking company nor shall the banking company be bound by any such notice even though expressly given to it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to the locker or its contents is produced before the banking company, the banking company shall take due note of such decree, order, certificate or other authority. 1. ins. by act 1 of , s. 37 w.e.f. .

section 46.penalties of the banking regulation act : 1 whoever in any return, balancesheet or other document 1or in any information required or furnished by or under or for the purposes of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and 2or with fine, which may extend to one crore rupees or with both. 2 if any person fails to produce any book, account or other document or to furnish any statement or information which under subsection 2 of section 35 it is his duty to produce or furnish, or to answer any question relating to the business of a banking company which he is asked by 3an officer making an inspection or scrutiny under that section, he shall be punishable with a fine which may extend to 4twenty lakh rupees in respect of each offence, and if he persists in such refusal, to a further fine which may extend to 5fifty thousand rupees for every day during which the offence continues. 3 if any deposits are received by a banking company in contravention of an order under clause a of subsection 4 of section 35, every director or other officer of the banking company, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent it, shall be deemed to be guilty of such contravention and shall be punishable with a fine which may extend to twice the amount of the deposits so received. 64 if any other provision of this act is contravened or if any default is made in i complying with any requirement of this act or of any order, rule or direction made or condition imposed thereunder, or ii carrying out the terms of, or the obligations under, a scheme sanctioned under subsection 7 of section 45, by any person, such person shall be punishable with fine which may extend to 7 8one crore rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where a contravention or default is a continuing one, with a further fine which may extend to 9one lakh rupees for every day, during which the contravention or default continues. 105 where a contravention or default has been committed by a company, every person who, at the time the contravention or default was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention or default and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the contravention or default was committed without his knowledge or that he exercised all due diligence to prevent the contravention or default. 6 notwithstanding anything contained in subsection 5, where a contravention or default has been committed by a company, and it is proved that the same was committed with the consent or connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary or other officer of the company, such director manager, secretary or other officer shall also be deemed to be guilty of that contravention or default and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1 subs. by act 95 of , s. 9, for required w.e.f. . 2 subs. by act 4 of , s. 11, for and shall also be liable to fine w.e.f. . 3 subs. by act 1 of , s. 38, for an officer making an inspection under that section w.e.f. . 4 subs. by act 4 of , s. 11, for two thousand rupees w.e.f. . 5 subs. by s. 11, ibid., for one hundred rupees w.e.f. . 6 subs. by act 1 of , s. 38, for subsection 4 w.e.f. . 7 subs. by act 20 of , s. 8, for certain words w.e.f. . 8 subs. by act 4 of , s. 11, for fifty thousand rupees w.e.f. . 9 subs. by s. 11, ibid., for two thousand and five hundred rupees w.e.f. . 10 subs. by act 55 of , s. 25, for subsection 4 w.e.f. .

section 49a. of the banking regulation act : 149a. restriction on acceptance of deposits withdrawable by cheque.no person other than a banking company, the reserve bank, the state bank of india or any other 2banking institution, firm or other person notified by the central government in this behalf on the recommendation of the reserve bank shall accept from the public deposits of money withdrawable by cheque: provided that nothing contained in this section shall apply to any savings bank scheme run by the government. 1. ins. by act 33 of , s. 35 w.e.f. . 2. subs. by act 55 of , s. 28, for certain words w.e.f. .

section 46a., to be public servants for the purposes of chapter ix of the indian penal code. of the banking regulation act : 146a. chairman, director, etc., to be public servants for the purposes of chapter ix of the indian penal code.2every chairman who is appointed on a wholetime basis, managing director, director, auditor, liquidator, manager and any other employee of a banking company shall be deemed to be a public servant for the purposes of chapter ix of the indian penal code 45 of . 1. ins. by act 95 of , s. 10 w.e.f. . 2. subs. by act 20 of , s. 9, for every chairman, director, auditor w.e.f. .

section 47. of the banking regulation act : no court shall take cognizance of any offence punishable under 1subsection 5 of section 36aa or section 46 except upon complaint in writing made by an officer of 2the reserve bank or, as the case may be, the national bank generally or specially authorized in writing in this behalf by 3the reserve bank or, as the case may be, the national bank, and 3no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or any court superior thereto shall try any such offence. 1. ins. by act 55 of , s. 26 w.e.f. . 2. subs. by act 61 of , s. 61 and sch. ii, for the reserve bank w.e.f. . 3. subs. by act 1 of s. 39, for certain words w.e.f. .

section 49b. of the banking regulation act : 149b. change of name by a banking company.notwithstanding anything contained in section 21 of the companies act, 1 of , the central government shall not signify its approval to the change of name of any banking company unless the reserve bank certifies in writing that it has no objection to such change. 1. ins. by act 33 of , s. 35 w.e.f. .

section 47a.power of reserve bank to impose penalty of the banking regulation act : 147a. power of reserve bank to impose penalty.1 notwithstanding anything contained in section 46, if a contravention or default of the nature referred to in 2subsection 2 or subsection 3 or subsection 4 of section 46, as the case may be, is made by a banking company, then, the reserve bank may impose on such banking company 3a where the contravention or default is of the nature referred to in subsection 3 of section 46, a penalty not exceeding twenty lakh rupees in respect of each offence if the contravention or default persists, a further penalty not exceeding fifty thousand rupees for everyday, after the first day, during which the contravention or deafult continues b where the contravention is of the nature referred to in subsection 3 of section 46, a penalty not exceeding twice the amount of the deposits in respect of which such contravention was made c where the contravention or default is of the nature referred to in subsection 4 of section 46, a penalty not exceeding one crore rupees or twice the amount involved in such contravention or default where such amount is quantifiable, whichever is more, and where such contravention or default is a continuing one, a further penalty which may extend to one lakh rupees for everyday, after the first day, during which the contravention or default continues. 4 2 for the purpose of adjudging the penalty under subsection 1, the reserve bank shall serve notice on the banking company requiring it to show cause why the amount specified in the notice should not be imposed and a reasonable opportunity of being heard shall also be given to such banking company. 4 no complaint shall be filed against any banking company in any court of law in respect of any contravention or default in respect of which any penalty has been imposed by the reserve bank under this section. 5 any penalty imposed by the reserve bank under this section shall be payable within a period of fourteen days from the date on which notice issued by the reserve bank demanding payment of the sum is served on the banking company and in the event of failure of the banking company to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office of the banking company is situated or, in the case of a banking company incorporated outside india, where its principal place of business in india is situated: provided that no such direction shall be made except on an application made to the court by the reserve bank or any officer authorised by that bank in this behalf. 6 the court which makes a direction under subsection 5 shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. 7 where any complaint has been filed against any banking company in any court in respect of the contravention or default of the nature referred to in subsection 3 or, as the case may be, sub section 4 of section 46, then, no proceedings for the imposition of any penalty on the banking company shall be taken under this section. 1. ins. by act 58 of , s. 17 w.e.f. . 2. subs. by act 4 of , s. 12, for subsection 3 or subsection 4 w.e.f. . 3. subs. by s. 12, ibid., for subclauses a and b w.e.f. . 4. subs. by act 20 of , s. 10, for subsections 2 and 3 w.e.f. .

section 49. of the banking regulation act : the exemptions, whether express or implied, in favour of a private company in 1sections 90, 165, 182, 204 and 255, clauses a and b of subsection 1 of section 293 and sections 300, 388a and 416 of the companies act, 1 of , shall not operate in favour of a private company which is a banking company. 1 . the words, figures and letters sections 17, 77, 83b, 86h, 91b and 91d and subsection 5 of section 144 of the indian companies act, 7 of have successively been amended by act 95 of , s. 11, act 33 of , s. 34 and act 55 of , s. 27 to read as above.

section 51. of the banking regulation act : 151. application on of certain provisions to the state bank of india and other notified banks.21 without prejudice to the provisions of the state bank of india act, 23 of , or or any other enactment, the provisions of sections 10, 13 to 15, 17, 319 to 21a, 23 to 28, 29 excluding subsection 3, 429a 5subsections 1b, 1c and 2 of section 30, 31, 34, 35, 35a, 635aa, 35ab, 36 excluding excluding clause d of subsection 1, 45y to 45zf, 46 to 48 50, 52 and 53 shall also apply, so far as may be, to and in relation to the state bank of india 7or any corresponding new bank or a regional rural bank or any subsidiary bank as they apply to and in relation to banking companies: 8provided that a nothing contained in clause c of subsection 1 of section 10 shall apply to the chairman of the state bank of india or to a 9managing director of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank 10b nothing contained in subclause iii of clause b of subsection 1 of section 20 shall apply to any bank referred to in subsection 1, insofar as the said subclause iii of clause b precludes that bank from entering into any commitment for granting any loan or advance to or on behalf of a company not being a government company in which not less than forty per cent. of the paidup capital is held whether singly or taken together by the central government or the reserve bank or a corporation owned by that bank and c nothing contained in section 46 or in section 47a shall apply to, i an officer of the central government or the reserve bank, nominated or appointed as director of the state bank of india or any corresponding new bank or a regional rural bank or any subsidiary bank or a company or ii an officer of the state bank of india or a corresponding new bank or a regional rural bank or a subsidiary bank nominated or appointed as director of any of the said banks not being the bank of which he is an officer or of a banking company. 11 122 references to a banking company in any rule or direction relating to any provision of this act referred to in subsection 1 shall, except where such rule or direction provides otherwise, be construed as referring also to the state bank of india, a corresponding new bank, a regional rural bank and a subsidiary bank. 1. subs. by act 79 of , s. 43 and the second schedule, for section 51 w.e.f. . 2. section 51 renumbered as subsection 1 thereof by act 1 of , s. 40 w.e.f. . 3. subs. by s. 40, ibid., for certain words w.e.f. . 4. ins. by act 4 of , s. 13 w.e.f. . 5. subs. by act 66 of , s. 10, for 31 w.e.f. . 6. ins. by act 30 of , s. 3, w.e.f. . 7. subs. by act 1 of , s. 40, for certain words w.e.f. . 8. subs. by act 38 of , s. 64 and the third schedule, for the former proviso w.e.f. . 9. subs. by act 1 of , s. 40, for general manager w.e.f. . 10. subs. by act 1 of , s. 40, for clauses b and c w.e.f. . 11. explanation omitted by act 58 of , s. 18 w.e.f. . 12. ins. by act 1 of , s. 40 w.e.f. .

section 48. of the banking regulation act : a court imposing any fine under this act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards the rewarding of the person on whose information the fine is recovered.

section 53. of the banking regulation act : show related subordinates 11 the central government may, on the recommendation of the reserve bank, declare, by notification in the official gazette, that any or all of the provisions of this act shall not apply to any 2banking company or institution or to any class of banking companies 3 either generally or for such period as may be specified. 42 5a copy of every notification proposed to be issued under subsection 1 relating to any banking company or institution or any class of banking companies or any branch of a banking company or an institution, as the case may be, functioning or located in any special economic zone established under the special economic zones act, 28 of shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses. 1. section 53 renumbered as subsection 1 thereof by act 28 of , s. 57 and the third schedule. 2. subs by s. 57 and third schedule, ibid., for banking company or institution or to any class of banking companies. 3. the words or any of their branches functioning or located in any special economic zone established under the special economic zones act, 28 of omitted by act 17 of , s. 3 w.e.f. . 4. ins. by act 28 of , s. 57 and the third schedule. 5. subs. by act 17 of , s. 3, for a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament w.e.f. .

section 51a. of the banking regulation act : 151a. powers of reserve bank not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the reserve bank under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. added by act 52 of , s. 11 w.e.f. .

section 49c. of the banking regulation act : 149c. alteration of memorandum of a banking company.notwithstanding anything contained in the companies act, 1 of , no application for the confirmation of the alteration of the memorandum of a banking company shall be maintainable unless the reserve bank certifies that there is no objection to such alteration. 1. ins. by act 33 of , s. 35 w.e.f. .

section 50.certain claims for compensation barred of the banking regulation act : no person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions 1contained in sections 10, 12a, 16, 35a, 35b, 236, 43a and 45 or by reason of the compliance by a banking company with any order or direction given to it under this act. 1. subs. by act 95 of , s. 12, for certain words w.e.f. . 2. subs. by act 37 of , s. 8, for and 36 w.e.f.

section 55a.power to remove difficulties of the banking regulation act : 155a. power to remove difficulties.if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, as occasion requires, do anything not inconsistent with the provisions of this act which appears to it to be necessary for the purpose of removing the difficulty: provided that no such power shall be exercised after the expiry of a period of three years from the commencement of section 20 of the banking laws amendment act, 58 of . 1. ins. by act 58 of , s. 20 w.e.f. .

section 52. of the banking regulation act : show related subordinates 1 the central government may, after consultation with the reserve bank, make rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act and all such rules shall be published in the official gazette. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the details to be included in the returns required by this act and the manner in which such returns shall be submitted 1and the form in which the official liquidator may file lists of debtors to the court having jurisdiction under part iii or part iiia and the particulars which such lists may contain and any other matter which has to be, or may be, prescribed. 2 34 the central government may by rules made under this section annul, alter or add to, all or any any of the provisions of the fourth schedule. 45 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. added by act 52 of , s. 11 w.e.f. . 2. omitted by act 1 of , s. 41 w.e.f. . 3. ins. by act 52 of , s. 11 w.e.f. . 4. ins. by act 1 of , s. 41 w.e.f. .

section 54. of the banking regulation act : 1 no suit or other legal proceeding shall be lie against the central government, the reserve bank or any officer for anything which is in good faith done or intended to be done in pursuance of this act. 2 save as otherwise expressly provided by or under this act, no suit or other legal proceeding shall lie against the central government, the reserve bank or any officer for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act.

section 56. of the banking regulation act : 156. act to apply to cooperative societies subject to modifications. 2 notwithstanding anything contained in any other law for the time being in force, the provisions of this act, shall apply to, or in relation to, cooperative societies as they apply to, or in relation to, banking companies subject to the following modifications, namely: a throughout this act, unless the context otherwise requires, i references to a banking company or the company or such company shall be construed as references to a cooperative bank, ii references to commencement of this act shall be construed as references to commencement of the banking laws application to cooperative societies act, 23 of 3iii references to memorandum of association or articles of association shall be construed as references to byelaws iv references to the provisions of the companies act, 1 of , except in part iii and part iiia, shall be construed as references to the corresponding provisions, if any, of the law under which a cooperative bank is registered v references to registrar or registrar of companies shall be construed as references to central registrar or registrar of cooperative societies, as the case may be, under the law under which a cooperative bank is registered b in section 2, the words and figures the companies act, 1 of , and shall be omitted c in section 5, 4 i after clause cc, the following clauses shall be inserted namely: cci cooperative bank means a state cooperative bank, a central cooperative bank and a primary cooperative bank ccii cooperative credit society means a cooperative society, the primary object of which is to provide financial accommodation to its members and includes a cooperative land mortgage bank 5 cciia cooperative society means a society registered or deemed to have been registered under any central act for the time being in force relating to the multistate cooperative societies, or any other central or state law relating to cooperative societies for the time being in force cciii director, in relation to a cooperative society, includes a member of any committee or body for the time being vested with the management of the affairs of that society 3cciiia multistate cooperative bank means a multistate cooperative society which is a primary cooperative bank cciiib multistate cooperative society means a multistate cooperative society registered as such under any central act for the time being in force relating to the multistate cooperative societies but does not include a national cooperative society and a federal cooperative cciv primary agricultural credit society means a cooperative society, 1 the primary object or principal business of which is to provide financial accommodation to its members for agricultural purposes or for purposes connected with agricultural activities including the marketing of crops and 2 the byelaws of which do not permit admission of any other cooperative society as a member: provided that this subclause shall not apply to the admission of a cooperative bank as a member by reason of such cooperative bank subscribing to the share capital of such cooperative society out of funds provided by the state government for the purpose ccv primary cooperative bank means a cooperative society, other than a primary agricultural credit society, 1 the primary object or principal business of which is the transaction of banking business 2 the paidup share capital and reserves of which are not less than one lakh of rupees and 3 the byelaws of which do not permit admission of any other cooperative society as a member: provided that this subclause shall not apply to the admission of a cooperative bank as a member by reason of such cooperative bank subscribing to the share capital of such cooperative society out of funds provided by the state government for the purpose ccvi primary credit society means a cooperative society, other than a primary agricultural credit society, 1 the primary object or principal business of which is the transaction of banking business 2 the paidup share capital and reserves of which are less than one lakh of rupees and 3 the byelaws of which do not permit admission of any other cooperative society as a member: provided that this subclause shall not apply to the admission of a cooperative bank as a member by reason of such cooperative bank subscribing to the share capital of such cooperative society out of funds provided by the state government for the purpose. explanation.if any dispute arises as to the primary object or principal business of any cooperative society referred to in clauses cciv, ccv and ccvi, a determination thereof by the reserve bank shall be final ccvii central cooperative bank, 6 primary rural credit society and state cooperative bank shall have the meanings respectively assigned to them in the national bank for agriculture and rural development act, 61 of 7 ii clauses ff, h and nb shall be omitted 8 e in section 6, in subsection 1, 9 ii in clause d, after the word company, the words cooperative society, shall be inserted 10 11 f for section 7, the following section shall be substituted, namely: 7. use of words bank, banker or banking.1 no cooperative society other than a cooperative bank shall use as part of its name or in connection with its business any of the words bank, banker or banking, and no cooperative society shall carry on the business of banking in india unless it uses as part of its name at least one of such words. 2 nothing in this section shall apply to a a primary credit society, or b a cooperative society formed for the protection of the mutual interest of cooperative banks or 12, or c any cooperative society, not being a primary credit society, formed by the employees of i a banking company or the state bank of india or a corresponding new bank or a subsidiary bank of such banking company, state bank of india or a corresponding new bank, or ii a cooperative bank or a primary credit society or a 12, insofar as the word bank, banker or banking appears as part of the name of the employer bank, or as the case may be, of the bank, whose subsidiary the employer bank is. 13 h for section 11, the following section shall be substituted, namely: 11. requirement as to minimum paidup capital and reserves.1 notwithstanding any law relating to cooperative societies for the time being in force, no cooperative bank shall commence or carry on the business of banking in india unless the aggregate value of its paidup capital and reserves is not less than one lakh of rupees: provided that nothing in this subsection shall apply to a any such bank which is carrying on such business at the commencement of the banking laws application to cooperative societies act, 23 of , for a period of three years from such commencement or b to a primary credit society which becomes a primary cooperative bank after such commencement, for a period of two years from the date it so becomes a primary co operative bank or for such further period not exceeding one year as the reserve bank, having regard to the interests of the depositors of the primary cooperative bank, may think fit in any particular case to allow. 2 for the purposes of this section, value means the real of exchangeable value and not the nominal value which may be shown in the books of the cooperative bank concerned. 3 if any dispute arises in computing the aggregate value of the paidup capital and reserves of any such cooperative bank, a determination thereof by the reserve bank shall be final for the purposes of this section. 14i for section 12, the following section shall be substituted, namely: 12. issue and regulation of paidup share capital and securities by cooperative banks. 1 a cooperative bank may, with the prior approval of the reserve bank, issue, by way of public issue or private placement, i equity shares or preference shares or special shares, on face value or at premium and ii unsecured debentures or bonds or other like securities with initial or original maturity of not less than ten years, to any member of such cooperative bank or any other person residing within its area of operation, subject to such conditions and ceiling, limit or restriction on its issue or subscription or transfer, as may be specified by the reserve bank in this behalf. 2 save as otherwise provided in this act, i no person shall be entitled to demand payment towards surrender of shares issued to him by a cooperative bank and ii a cooperative bank shall not withdraw or reduce its share capital, except to the extent and subject to such conditions as the reserve bank may specify in this behalf. 15 j for section 18, the following section shall be substituted: 18. cash reserve.1 every cooperative bank, not being 16 a cooperative bank for the time being included in the second schedule to the reserve bank of india act, 17 hereinafter referred to as a scheduled state cooperative bank , shall maintain in india by way of cash reserve with itself or by way of balance in a current account with the reserve bank or the state cooperative bank of the state concerned or by way of net balance in current accounts, or, in the case of a primary cooperative bank, with the central cooperative bank of the district concerned, or in one or more of the aforesaid ways, a sum equivalent to 18such per cent. of the total of its demand and time liabilities in india, as on the last friday of the second preceding fortnight 19 as the reserve bank may specify, by notification in the official gazette, from time to time having regard to the needs for securing the monetary stability in the country and shall submit to the reserve bank before the fifteenth day of every month a return showing the amount so held on alternate friday during a month with particulars of its demand and time liabilities in india on such fridays or if any such friday is a public holiday under the negotiable instruments act, 26 of , at the close of business on the preceding working day. explanation.in this section and in section 24 a liabilities in india shall not include i the paidup capital or the reserves or any credit balance in the profit and loss account of the cooperative bank ii any advance taken from a state government, the reserve bank, 20 the exim bank, 21 the reconstruction bank , 22 the national housing bank , the national bank 23 , the small industries bank, or from the national cooperative development corporation established under section 3 of the national cooperative development corporation act, 26 of by the cooperative bank iii in the case of a state or central cooperative bank, also any deposit of money with it representing the reserve fund or any part thereof maintained with it by any other cooperative society within its area of operation, and in the case of a central cooperative bank, also an advance taken by it from the state cooperative bank of the state concerned iv in the case of a primary cooperative bank, also any advance taken by it from the 24 cooperative bank of the state concerned or the central cooperative bank of the district concerned v in the case of any cooperative bank, which has granted an advance against any balance maintained with it, such balance to the extent of the amount outstanding in respect of such advance and vi in the case of any cooperative bank, the amount of any advance or other credit arrangement drawn and availed of against approved securities b fortnight shall mean the period from saturday to the second following friday, both days inclusive c net balance in current accounts shall, in relation to a cooperative bank, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that cooperative bank with the state bank of india or a subsidiary bank or 25 a corresponding new bank or idbi bank ltd. , over the aggregate of the credit balances in current accounts held by the said banks with such cooperative bank d for the purpose of computation of liabilities, the aggregate of the liabilities of a cooperative bank to the state bank of india, a subsidiary bank, a corresponding new bank, a regional rural bank, a banking company or any other financial institution notified by the central government in this behalf shall be reduced by the aggregate of the liabilities of all such banks and institutions to the cooperative bank e any cash with a cooperative bank or any balance held by a cooperative bank with another bank, shall not, to the extend such cash or such balances represents the balance in, or investment of, agricultural credit stabilisation fund of such cooperative bank, be deemed to be cash maintained in india. 26 1a if the balance held by cooperative bank referred to in subclause cci of clause c of section 56 of the banking regulation act, , at the close of business on any day is below the minimum specified under subsection 1, such cooperative bank shall, without prejudice to the provisions of any other law for the time being in force, be liable to pay to the reserve bank, in respect of that day, penal interest at a rate of three per cent. above the bank rate on the amount by which such balance falls short of the specified minimum, and if the shortfall continues further, the penal interest so charged shall be increased to a rate of five per cent. above the bank rate in respect of each subsequent day during which the default continues. 1b notwithstanding anything contained in this section, if the reserve bank is satisfied, on an application in writing by the defaulting cooperatrive bank, that such defaulting cooperative bank had sufficient cause for its failure to comply with the provisions of subsection 1, it may not demand the payment of the penal interest. 1c the reserve bank may, for such period and subject to such conditions as may be specified, grant to any cooperative bank such exemptions from the provisions of this section as it thinks fit with reference to all or any of its officers or with reference to the whole or any part of its assets and liabilities. 2 the reserve bank may, for the purposes of this section and section 24, specify from time to time, with reference to any transaction or class of transactions, that such transaction or transactions shall be regarded as liability in india of a cooperative bank, and, if any question arises as to whether any transaction or class of transactions shall be regarded for the purposes of this section and section 24, as liability in india of a cooperative bank, the decision of the reserve bank thereon shall be final. k for section 19, the following section shall be substituted, namely: 19. restriction on holding shares in other cooperative societies.no cooperative bank shall hold shares in any other cooperative society except to such extent and subject to such conditions as the reserve bank may specify in that behalf: provided that nothing contained in this section shall apply to i shares acquired through funds provided by the state government for that purpose ii in the case of a central cooperative bank, the holding of shares in the state cooperative bank to which it is affiliated iii in the case of a primary cooperative bank, the holding of shares in the central cooperative bank to which it is affiliated or in the state cooperative bank of the state in which it is registered: provided further that where any shares are held by a cooperative bank in contravention of this section at the commencement of the banking laws application to cooperative societies act, 23 of the cooperative bank shall without delay report the matter to the reserve bank and shall, notwithstanding anything contained in this section, be entitled to hold the shares for such period and on such conditions as the reserve bank may specify. 27 28 m in section 20a, in subsection 1, i the words and figures notwithstanding anything to the contrary contained in section 293 of the companies act, 1 of , shall be omitted ii in clause a, for the words any of its directors the words any of its past or present directors shall be substituted 27 o in section 22, i for subsections 1 and 2, the following subsections shall be substituted, namely: 1 save as hereinafter provided, no cooperative society shall carry on banking business in india unless 29 b it is a cooperative bank and holds a licence issued in that behalf by the reserve bank, subject to such conditions, if any, as the reserve bank may deem fit to impose: provided that nothing in this subsection shall apply to a cooperative society, not being a primary credit society or a cooperative bank carrying on banking business at the commencement of the banking laws application to cooperative societies act, 23 of , for a period of one year from such commencement. 30 provided further that nothing in this subsection shall apply to a primary credit society carrying on banking business on or before the commencement of the banking laws amendment act, , for a period of one year or for such further period not exceeding three years, as the reserve bank may, after recording the reasons in writing for so doing, extend. 31 2 every cooperative society carrying on business as a co operative bank at the commencement of the banking laws application to cooperative societies act, , 23 of shall before the expiry of three months from such commencement, every cooperative bank which comes into existence as a result of the division of any other cooperative society carrying on business as a cooperative bank, or the amalgamation of two or more cooperative societies carrying on banking business shall, before the expiry of three months from its so coming into existence, 32 every primary credit society which had become a primary cooperative bank on or before the commencement of the banking laws amendment act, 4 of , shall before the expiry of three months from the date on which it had become a primary cooperative bank and every cooperative society 33 shall before commencing banking business in india, apply in writing to the reserve bank for a licence under this section: provided that nothing in clause b of subsection 1 shall be deemed to prohibit i a cooperative society carrying on business as a cooperative bank at the commencement of the banking laws application to cooperative societies act, 23 of or ii a cooperative bank which has come into existence as a result of the division of any other cooperative society carrying on business as a cooperative bank, or the amalgamation of two or more cooperative societies carrying on banking business at the commencement of the banking laws application to cooperative societies act, 23 of or at any time 34 thereafter 35 from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the reserve bank that the licence cannot be granted to it. 36 ii subsection 3a shall be omitted iii in subsection 4, in clause iii, the words, brackets, figure and letter and subsection 3a shall be omitted 37 22a. validation of licences granted by reserve bank to multistate cooperative societies.notwithstanding anything contained in any law or, judgment delivered or decree or order of any court made, a no licence, granted to a multistate cooperative society by the reserve bank under section 22, which was subsisting on the date of commencement of the banking regulation amendment and miscellaneous provisions act, 24 of , shall be invalid or be deemed ever to have been invalid merely by the reason of such judgment, decree or order b every licence, granted to a multistate cooperative society by the reserve bank under section 22, which was subsisting on the date of commencement of the banking regulation amendment and miscellaneous provisions act, 24 of , shall be valid and be deemed always to have been validly granted in accordance with law c a multistate cooperative society whose application for grant of licence for carrying on banking business was pending with the reserve bank on the date of commencement of the banking regulation amendment and miscellaneous provisions act, 24 of shall be eligible to carry on banking business until it is granted a licence in pursuance of section 22 or is, by a notice in writing notified by the reserve bank that the licence cannot be granted to it 38 39 q in section 24, 40 41 iii in subsection 3, for the proviso, the following proviso shall be substituted, namely: provided that every cooperative bank, other than a primary cooperative bank, shall also furnish within the said period, a copy of the said return to the national bank. 41 42 qq after section 24, the following section shall be inserted, namely: 24a. power to exempt.without prejudice to the provisions of section 53, the reserve bank may, by notification in the official gazette, declare that, for such period and subject to such conditions as may be specified in such notification the whole or any specified therein, shall not apply to any co operative bank or class of cooperative banks, with reference to all or any of the offices of such cooperative bank or banks, or with reference to the whole or any part of the assets and liabilities of such cooperative bank or banks 43 rii in section 27, for subsection 3, the following subsection shall be substituted, namely: 3 every cooperative bank, other than a primary co operative bank, shall submit a copy of the return which it submits to the reserve bank, under subsection 1 also to the national bank and the powers exercisable by the reserve bank under subsection 2 may also be exercised by the national bank in relation to cooperative banks, other than primary cooperative banks. s for 44 section 29 , the following section shall be substituted, namely: 29. accounts and balancesheet.1 at the expiration of each year ending with the 30th day of june 45 or at the expiration of a period of twelve months ending with such date as the central government may, by notification in the official gazette, specify in this behalf, 3 every cooperative bank, in respect of all business transacted by it, shall prepare with reference to that year 44 or the period a balancesheet and profit and loss account as on the last working day of the year 44 or the period in the forms set out in the third schedule or as near thereto as circumstances admit. 2 the balancesheet and profit and loss account shall be signed by the manager or the principal officer of the bank and where there are more than three directors of the bank, by at least three of those directors, or where there are not more than three directors, by all the directors. 3 the central government, after giving not less than three months notice of its intention so to do by a notification in the official gazette, may from time to time by a like notification amend the forms set out in the third schedule: 46 provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the preparation of, or for other matters relating to, the balancesheet or profit and loss account in respect of the concerned year or period, as the case may be. 47 48 t in section 31, 49 ii for the second proviso, the following proviso shall be substituted, namely: provided further that a cooperative bank, other than a primary cooperative bank shall furnish such returns also to the national bank 50 50 w in section 35, i in subsection 1, a for the words and figures section 235 of the companies act, 1 of , the words any law relating to cooperative societies for the time being in force shall be substituted 51 b the following proviso shall be inserted at the end, namely: provided that the reserve bank may, if it considers it necessary or expedient so to do, cause an inspection to be made of a primary cooperative bank under this subsection by one or more officers of a state cooperative bank in the state in which such primary cooperative bank is registered. ii in subsection 4, clause b shall be omitted 52 iii after subsection 4, the following subsection shall be inserted, namely: 4a without prejudice to the provisions of subsection 4, the reserve bank may, if it considers it necessary or expedient so to do supply a copy of the report on any inspection or scrutiny to the state cooperative bank and the registrar of cooperative societies of the state in which the bank which has been inspected or whose affairs have been scrutinised is registered. 53 iv in subsection 6, for the expressions regional rural banks and regional rural bank, wherever they occur, the expressions cooperative banks other than primary cooperative banks and cooperative bank other than a primary cooperative bank shall, respectively be substituted. 54 v the explanation shall be omitted 55 55 55 55 56 zaa after section 36aa of the principal act, the following sections shall be inserted, namely: 36aaa.supersession of board of directors of a 57 cooperative bank .1 where the reserve bank is satisfied that in the public interest or for preventing the affairs of a 57 cooperative bank being conducted in a manner detrimental to the interest of the depositors or of the 57 cooperative bank or for securing the proper management of the 57 cooperative bank , it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such 57 cooperative bank for a period not exceeding five years as may be specified in the order, which may be extended from time to time, so, however, that total period shall not exceed five years. 58 provided that in the case of a cooperative bank registered with the registrar of cooperative societies of a state, the reserve bank shall issue such order in consultation with the concerned state government seeking its comments, if any, within such period as the reserve bank may specify. 2 the reserve bank may, on supersession of the board of directors of the 57 cooperative bank under subsection 1 appoint an administrator for such period as it may determine. 3 the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 4 upon making the order of supersession of the board of directors of a 59 cooperative bank , a the chairman, managing director and other directors as from the date of supersession of the board shall vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of the multistate cooperative societies act, 39 of or this act or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such a 58 cooperative bank or by a resolution passed in general meeting of such cooperative bank, shall, until the board of directors of such cooperative bank is reconstituted, be exercised and discharged by the administrator appointed by the reserve bank under subsection 2: provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of such multistate cooperative bank. 5 a the reserve bank may constitute a committee of three or more persons who have experience in law, finance, banking, administration or accountancy to assist the administrator in discharge of his duties. b the committee shall meet at such times and places and observe such rules of procedure as may be specified by the reserve bank. 6 the salary and allowances to the administrator and the members of the committee constituted by the reserve bank shall be such as may be specified by the reserve bank and be payable by the concerned 59cooperative bank . 7 on and before expiration of period of supersession of the board of directors as specified in the order issued under subsection 1, the administrator of the 59 cooperative bank shall call the general meeting of the society to elect new directors. 8 notwithstanding anything contained in any other law or in any contract, or byelaws of a 59 cooperative bank , no person shall be entitled to claim any compensation for the loss or termination of his office. 9 the administrator appointed under subsection 2 shall vacate office immediately after the board of directors of the multistate cooperative society has been constituted. 60 10 the provisions of section 36aca shall not apply to a cooperative bank. 61 36aac. reimbursement to deposit insurance corporation by liquidator or transferee bank.where a multistate cooperative bank, being an insured bank within the meaning of the deposit insurance and credit guarantee corporation act, 47 of , is wound up and the deposit insurance corporation has become liable to the depositors of the insured bank under subsection 1 or subsection 2 of section 16 of that act, the deposit insurance corporation shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21 of that act. zab in section 36ad, subsection 3 shall be omitted 62 zb part iic shall be omitted 63 zc in section 46, 64 ii in clause a of the explanation, after the words includes a, the words cooperative society shall be inserted 65 ze section 49 shall be omitted 64 66 zg in section 49b, references to central government shall be construed as references to central registrar or registrar of cooperative societies, as the case may be, under the law under which a cooperative bank is registered 67 zi section 51 shall be omitted 68 zj after section 53, the following section shall be inserted, namely: 53a. powers to exempt cooperative banks in certain cases.notwithstanding anything contained in any other provisions of this act, the reserve bank may, from time to time, on being satisfied that it is necessary so to do, declare, by notification in the official gazette, that the provisions of item iii of clause b of subsection 1 and subsection 2, of section 10, clause a of subsection 2 of section 10a, subsection 1a of section 10b and clause b of subsection 1 of section 35b of this act shall not apply to a cooperative bank or class of cooperative banks, either generally or for such period as may be specified therein, subject to such conditions, limitations or restrictions as it may think fit to impose. 69 zji in section 54, after the expression reserve bank, wherever it occurs, the expression or the national bank shall be inserted. zk for section 55 and the first schedule, the following section shall be substituted, namely: 55. act 18 of and act 46 of to apply in relation to cooperative banks.1 the bankers books evidence act, 18 of shall apply in relation to a cooperative bank as it applies in relation to a bank as defined in section 2 of that act. 2 the banking companies legal practitioners clients accounts act, shall apply in relation to a cooperative bank as it applies in relation to a banking company as defined in section 2 of that act. zl for the third schedule and the fourth schedule, the following schedule shall be substituted, namely: 1. ins. by act 23 of , s. 14 w.e.f. . 2. subs. by act 39 of , s. 4, for certain words w.e.f. . 3. ins. by act 39 of , s. 4 w.e.f. . 4. subs. by act 61 of , s. 61 and the second schedule, for subclause i w.e.f. . 5. ins. by act 24 of , s. 2 w.e.f. . 6. the words cooperative society, omitted by act 24 of , s. 2 w.e.f. . 7. subs. by act 1 of , s. 42, for subclause ii w.e.f. . 8. clause d omitted by act 39 of , s. 4 w.e.f. . 9. subclause i omitted by s. 4, ibid. w.e.f. . 10. subclause iii omitted by act 39 of , s. 4 w.e.f . 11. subs. by act 1 of , s. 42, for clause f w.e.f. . 12. the words or cooperative land mortgage bank omitted by act 39 of , s. 4 w.e.f. . 13. clause fi, fii and g omitted by s. 4, ibid. w.e.f. . 14. subs. by s. 4, ibid., for clause i w.e.f. . 15. subs. by act 1 of , s. 42, for clause j w.e.f. . 16. subs. by act 4 of , s. 14, for state cooperative bank w.e.f. 17. subs. by s. 14, ibid., for hereinafter referred to as a scheduled state cooperative bank. w.e.f. . 18. subs. by s. 14, ibid., for at least three per cent. w.e.f. . 19. ins. by s. 14, ibid. w.e.f. . 20. the words the development bank omitted by s. 14, ibid. w.e.f. . 21. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 22. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 23. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 24. subs. by act 4 of , s. 14, for state cooperative bank w.e.f. . 25. subs. by s. 14, ibid., for a corresponding new bank w.e.f. . 26. ins. by s. 14, ibid. w.e.f. . 27. clause l, n omitted by act 39 of , s. 4 w.e.f. . 28. subs. by act 1 of , s. 42 w.e.f. . 29. omitted by act 4 of , s. 14 w.e.f. . 30. ins. by act 4 of , s. 14 w.e.f. . 31. subs. by act 1 of , s. 42, for subsection 2 w.e.f. . 32. subs. by act 4 of , s. 14, for every primary credit society which becomes a primary cooperative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary cooperative bank w.e.f. . 33. the words other than a primary credit society omitted by s. 14, ibid. w.e.f. . 34. subs. by s. 14, ibid., for thereafter or w.e.f. . 35. clause iii omitted by s. 14, ibid. w.e.f. . 36. subs. by act 1 of , s. 42, for subclause ii w.e.f. . 37. ins. by act 24 of , s. 2 w.e.f. . 38. clause p omitted by act 39 of , s. 4 w.e.f. . 39. subs. by act 1 of , s. 42, for clause g w.e.f. . 40. omitted by act 4 of , s. 14 w.e.f. . 41. subs. by act 39 of , s. 4,for subclause ii and iv w.e.f. . 42. ins. by act 1 of , s. 42 w.e.f. . 43. clauses r, ria omitted by act 39 of , s. 4 w.e.f. . 44. subs. by act 4 of , s. 14, for sections 29 and 30 w.e.f. . 45. ins. by act 54 of , s.2 w.e.f. . 46. the proviso ins. by act 54 of , s. 2. 47. clause sa omitted by act 39 of , s. 4 w.e.f. . 48. subs. by act 61 of , s. 61 and the second schedule w.e.f. . 49. clause i omitted by act 39 of , s. 4 w.e.f. . 50. clause u, v omitted by s. 4, ibid. w.e.f. . 51. subs. by act 1 of , s. 42, for item b w.e.f. . 52. ins. by act 1 of , s. 42 w.e.f. . 53. subclause iii renumbered as subclause iv by s. 42, ibid. w.e.f. . 54. subclause iv renumbered as subclause v by s. 42, ibid. w.e.f. . 55. clause x, y, z and za omitted by act 39 of , s. 4 w.e.f. . 56. subs. by act 24 of , s. 2, for clause zaa w.e.f. . 57. subs. by act 39 of , s. 4, for multistate cooperative bank w.e.f. . 58.the proviso ins. by s. 4, ibid. w.e.f. . 59. subs. by act 39 of , s. 4, for multistate cooperative bank w.e.f. . 60. ins. by s. 4, ibid. w.e.f. . 61. section 36aab omitted by s. 4, ibid. w.e.f. . 62. subs. by s. 4, ibid., for clause zb w.e.f. . 63. subs. by act 1 of , s. 42, for clause zc w.e.f. . 64. clause i omitted by act 39 of , s. 4 w.e.f. . 65. clauses zd and zf omitted by s. 4, ibid. w.e.f. . 66. subs. by s. 4, ibid., for clause zg w.e.f. . 67. clause zh omitted by s. 4, ibid. w.e.f. . 68. subs. by s. 4, ibid., for clause zj w.e.f. . 69. ins. by act 61 of , s. 61 and the second schedule w.e.f. .

section 55. of the banking regulation act : the reserve bank of india act, 2 of , shall be amended in the manner specified in the fourth column of the first schedule, and the amendments to section 18 thereof as specified in the said schedule shall be deemed to have had effect on and from the 20th day of september, .

section 8. of the ajmer tenancy and land records act : 1 notwithstanding any custom or contract to the contrary, every lease or agreement between a landholder and a tenant, whether made before or after the commencement of this act, which purports, or would operate, to prohibit or restrict a tenant from acquiring, exercising or enforcing any right conferred on, or secured to, him by this act, shall be void to the extent of such prohibition or restriction. 2 when land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period of twelve years after such land was let, nothing in subsection 1 shall be construed as affecting any condition of a contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is liable to ejectment for breach of any such condition. explanation.when land has remained uncultivated for a period of five years, it shall, for the purposes of subsection 2, be deemed to be land not previously cultivated.

section 1. of the ajmer tenancy and land records act : 1 this act may be called the ajmer tenancy and land records act, . 2 it extends to the whole of the state of ajmer. 3 it shall come into force at once, except part iii of chapter xii which shall come into force on such date as the chief commissioner may, by notification in the official gazette, appoint in this behalf.

section 2. of the ajmer tenancy and land records act : 1 the ajmermerwara agrarian relief second ordinance, 30 of , is hereby repealed. 2 when this act or any portion thereof comes into force in ajmer, so much of any act, regulation or notification in force therein, or any condition of a jagir or istimrari sanad, as is inconsistent with this act or with such portion, shall be deemed to have been repealed or superseded by this act or by such portion, as the case may be.

section 7. of the ajmer tenancy and land records act : 1 a tenant shall not be i ejected from his holding otherwise than in accordance with the provisions of this act or ii evicted from his residential house, other than a house which is an improvement, merely because he has surrendered, or has been ejected from his holding in the village or iii compelled to render any service, or to allow the use of his cattle or agricultural implements, to his landholder, with or without remuneration. 2 the provisions of this section and of sections 6 and 62 shall, so far as they are applicable, apply to a rentfree grantee, a grantee at a favourable rate of rent, a holder of village service grant, and an artisan or a villageworkman paid in cash or kind, for work connected with agriculture as they apply to a hereditary tenant.

section 3. of the ajmer tenancy and land records act : any rule, notification, proclamation and order issued, authority and power conferred, lease granted, right acquired, liability incurred, rent fixed, and any other thing done under any act, ordinance, regulation or notification, or under any jagir or istimrar sanad, as the case may be, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been respectively issued, conferred, granted, acquired, incurred, fixed and done under this act.

section 10. of the ajmer tenancy and land records act : niji jot means khudkasht demarcated under the provision of this chapter.

section 4. of the ajmer tenancy and land records act : in this act, unless there is anything repugnant in the subject or context, 1 all words and expressions used to denote the possessor of any right title or interest, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such person 2 agricultural year means the year commencing on the first day of june and ending on the thirtyfirst day of may next following 3 agriculturist means a person who earns his livelihood wholly or principally a by the cultivation of land personally, or through servants or by hired labour, or b as artisan or fieldlabourer, paid in cash or kind for work connected with agriculture, and includes i a landlord whose interest in the stable land of the village does not exceed 120 acres, and ii a tenant who sublets his land in accordance with the provisions of this act explanation.an agriculturist who, without any intention of changing his profession as such, temporarily ceases to so earn his livelihood, or who if prevented from so earning his livelihood by age or bodily infirmity, or by absence due to service in the military, naval or air forces of india, or by confinement in prison, does not thereby cease to be an agriculturist 4 assistant commissioner includes an additional assistant commissioner and an extra assistant commissioner 5 batai means division of the produce on the threshingfloor 6 bighori means money rent per bigha of land 7 biswadar means a any person who is recorded as plotproprietor in the settlement khewat of and is continuously so recorded since, or who, but for an error or omission, would have been so continuously recorded or b any member of the proprietary body who becomes an owner of land under section 7 of the ajmer land and revenue regulation, 2 of , or c any person who becomes, or is declared, a biswadar under the provisions of this act, and includes a person admitted to the occupation of land under a lease guaranteeing hereditary rights of ownership and enjoyment on condition of his permanently developing such land by sinking a well or otherwise, and who accordingly developed such land and was, before the commencement of this act, recorded as plot proprietor thereof in the khewat 8 cess means a cess declared payable under subsection 2 of section 62 9 collector means the collector of ajmer or any other office appointed by the chief commissioner to discharge the functions of a collector under this act, and includes an additional collector 10 confirming court means a court to which the record of a case it submitted in accordance with the provisions of this act for confirmation of any decree or order passed therein 11 decree means an order which is drawn up in the form of a decree as prescribed 12 holding means a parcel or parcels of land held under one lease, engagement or grant or, in the absence of such lease, engagement or grant, under one tenure, and in section 26 includes a well on a holding 13 improvement means, with reference to a tenants holding, i a dwelling house erected on the holding by the tenant for his own occupation, or a cattleshed, or a storehouse or any other construction for agricultural purposes, erected or set up by him on his holding, and ii any work which adds materially to the value of the holding and is consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it, and, subject to the foregoing provisions of this clause, includes a the construction of a well, water channel, and other work for the supply or distribution of water for agricultural purposes, b the construction of any work for the drainage of land, or for the protection of land from floods, or from erosion or other damage by water, c the reclaiming, clearing, enclosing, levelling, or terracing of land, d the erection in the immediate vicinity of the holding, otherwise than on the village site, of a building required for the convenient or profitable use or occupation of the holding, e the construction of a tank or other work for the storage of water for agricultural purposes, and f the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs: provided that such clearance, water channel, levelling, embankment, enclosure, temporary well or other work as is made in the ordinary course of cultivation and without incurring any special expenditure shall not be deemed to be an improvement explanation.a work which benefits several holdings may be deemed to be an improvement with respect to each of such holdings 14 istimrari estate means an estate in respect of which an istimrari sanad has been granted by the chief commissioner before the commencement of the ajmere land and revenue regulation, 2 of and istimrardar means the person to whom such sanad has been granted, or any other person who becomes entitled to the istimrari estate in succession to him in accordance with the provisions of the said regulation 15 jagirdar means a person to whom the revenue of any land has been assigned under a sanad issued by the chief commissioner before the commencement of the ajmere land and revenue regulation, 16 khudkasht means land cultivated by a proprietor as such, either himself, or by servants or by hired labour 17 kuta means an estimate or appraisement of the standing crop 18 lag means a a levy in cash imposed on a tenant i on the occasion of a ceremony in the family of the landlord or the tenant, or ii by way of tax on a well or plough or as fee for settlement of rent accounts or b any other levy in cash over and above the rent payable by a tenant, but does not include a fee specified in the first schedule or an assessment leviable, or a local rate payable under any law for the time being in force in the state 19 land means land which is let or held for the raising of crops or garden produce, or for purposes subservient thereto, and includes land covered by water used for the purpose of growing singhara or other producer but does not include land for the time being occupied by a building or appurtenant thereto, other than a building which is an improvement 20 landholder means the person to whom rent is, or, but for a contract, express or implied, would be, payable, and includes shamlat committee created or recognised under the provisions of section 180 21 landlord means the proprietor of a village, or of a share or specified plot therein, and includes i in case of land in respect of which an istimrari sanad has been granted, any person by whom an estate, a village, or a portion of an estate or village is held, whether under a separate engagement to pay revenue or otherwise ii a jagirdar and iii a trustee, a manager, a superintendent, a mutawalli, or a body of persons appointed to administer a religious endowment, a trust, or waqf property, or the shamlat deh land of a village explanation.in clauses 20 and 21, the word landholder or landlord shall include i a mortgagee with possession, ii a lessee of proprietary right, and iii in case of property of which superintendence has been assumed by the court of wards under section 6 of the ajmere government wards regulation, 1 of or which has been attached under section 82 of the ajmere land and revenue regulation, 2 of , the collector 22 lease includes the counterpart of a lease 23 legal practitioner means any person who is, for the time being enrolled as an advocate or pleader by the judicial commissioner of ajmer 24 minor means a person who, under section 3 of the indian majority act, 9 of , has not attained majority 25 muafi means a definite portion of land held revenuefree under a sanad issued by the chief commissioner, and a muafidar means the holder of such muafi 26 neg means a a levy in kind imposed on a tenant as i seri, sawaibatti or any other kind of levy made on the division of the produce of a holding, or ii kasas dishes of food or sweetmeats given on the occasion of marriage or any other ceremony or the money equivalent thereof or b any other levy in kind over and above the rent payable by a tenant 27 order means the formal expression of a decision of any authority under this act 28 parabundbarani means enclosed low lying land, the cultivation of which depends on the rainfall and the silt deposited thereon by the inflow of water from the catchment area 29 pay, payable and payment, when used with reference to rent, include deliver, deliverable and delivery 30 prescribed means prescribed by rules made under this act 31 produce of a holding means a crop or any other produce of the land standing on the holding, or which has been grown on the holding and has been reaped or gathered, and is deposited on the holding or on a threshing floor 32 state means the state of ajmer 33 rent means whatever is paid or payable in money or kind, or partly in money and partly in kind, by a tenant on account of the use or occupation of land held by him 34 registered means registered under any law for the time being in force for the registration of documents 35 revenue court means all or any of the following authorities when acting under this act or any rule made thereunder, namely, i the chief commissioner, ii the collector, iii a record officer, an assistant record officer and a rentrate officer, iv a subdivisional officer, v an assistant commissioner, vi a tahsildar, vii a naibtahsildar empowered by the collector under clause b of section 178, and viii a person or a body of persons invested with powers to hear and dispose of cases under clause a or b of section 180 36 revenue means land revenue 37 sayar means whatever is payable by a lessee or licensee on account of the right of gathering produce, forest rights, fisheries or the use of water for irrigation from artificial sources and includes a fee specified in the first schedule 38 stable land means land which, because of facilities of irrigation, quality of the soil or other advantages, is capable of being regularly cultivated, and is demarcated as stable land by the rentrate officer, or any other authority, appointed for the purpose, and, subject to the foregoing provisions, includes i land in the bed of a tank or nadi which dries up in time for the rabi sowing, and ii mal, gormia or parabundbarani: provided that, until such time as demarcation is made, the provisions regarding demarcation shall not be deemed to be a part of this clause explanation.a land which is capable of being regularly cultivated shall not cease to be so regarded if, in any year, it has been left fallow, or could not be cultivated on account of failure of rainfall or for any other reason 39 subtenant means a person who holds land from the tenant thereof, or from a rentfree grantee, or from a grantee at a favourable rate of rent, and by whom rent is, or, but for a contract express or implied, would be, payable 40 tenant means a person who holds land of another person and is, or, but for a contract express or implied, would be, liable to pay rent for such land to such other person and, except when a contrary intention appears, includes a subtenant, but does not include a a person to whom a tenancy holding is transferred otherwise than under the provisions of this act, b except as otherwise provided, a rentfree grantee, a grantee at a favourable rate of rent or a holder of village service grant, and c a person to whom only the right to cut grass or to graze cattle is granted, whether with or without consideration and 41 year of settlement means, with reference to any area of the state, any year or period between november and june during which the record or settlement operations were in force in such area.

section 6. of the ajmer tenancy and land records act : a tenant, other than a subtenant, shall have a right i subject, in the case of clause a, or b, to the provisions of the first schedule and to the payment of fee, if any, specified therein a to possess, in the village in which his holding is situated, a site on which he may build one residential house for himself and his family and, when necessary, to repair and rebuild it, to sell the materials of such house and, with the written consent of the landlord, to transfer the right of residence therein to any tenant of such village explanation.in this clause residential house shall include a cattleshed, and a storehouse for stocking fodder, manure and agricultural implements. b to use the wasteland of the village for grazing and, pasturing his cattle and other domestic animals and for threshing corn ii when rent is paid by batai or bighori, to allow only prescribed weights and measures to be used for determining such rent and iii where in any area bighori is charged at customary rate, to grow cotton at such rate on not more than onefourth of the irrigable area of his holding.

section 11. of the ajmer tenancy and land records act : 1 if, at the commencement of this act, the proprietor of a village or a part thereof or a specific area therein, was cultivating any land as khudkasht, he may, within six months of such commencement, apply to the subdivisional officer for demarcation of such khudkasht a niji jot. 2 with his application, the applicant shall file a list, giving the area and survey number or other description of the khudkasht to be so demarcated and such other particulars as may be prescribed.

section 5. of the ajmer tenancy and land records act : anything which is by this act required or permitted to be done by a landlord or a tenant may be done by his authorised agent, and, in the absence of evidence of a contrary intention, in dealings between a landlord and a tenant such agent shall be deemed to be acting under the authority of his principal: provided that, except as provided in section 198, a legal practitioner or his clerk or employee, or a petitionwriter shall not act as authorised agent of such landlord or tenant. explanation.in this section authorised agent includes a kamdar of a jagirdar or istimrardar.

section 9. of the ajmer tenancy and land records act : subject, in case of clause iii, to the conditions of an istimrari sanad and to the provisions of any law for the time being in force, a landlord shall have a right i where in any area bighori is charged at customary rate and cotton is grown on more than onefourth of the irrigable area of the holding of a tenant, to charge rent on the land in excess of the onefourth area on which cotton is grown at a rate specified in the second proviso to section 64 ii at all reasonable times, to enter, or depute his servant, agent or surveyor to enter, upon any land comprised in his estate for the purpose of surveying and measuring such land or for any other lawful purpose and iii if he has a proprietary interest in an istimrari estate, to open of work a mine or grant a lease for the purpose, or to undertake, or to issue a licence to any other person to undertake, prospecting work for discovering new sources of supply of minerals.

section 12. of the ajmer tenancy and land records act : 1 on the receipt of such application the subdivisional officer shall issue a proclamation calling upon all persons who claim an interest in such land to file objections, if any, within the period specified in such proclamation. 2 if, after hearing the objections, if any, and making such further inquiry as he deems fit, the subdivisional officer is satisfied that the land to be demarcated as niji jot has been held by the applicant as his khudkasht since the agricultural year beginning on the first day of june, , he shall pass an order for the demarcation of such land as niji jot and submit the record of the case for confirmation of the order passed by him to the collector.

section 13. of the ajmer tenancy and land records act : the subdivisional officer shall have the demarcation made on the spot and shall prepare and place on record a map, indicating the plots demarcated as niji jot.

section 14. of the ajmer tenancy and land records act : a landlord may let his niji jot subject to the same restrictions as apply to subletting by a hereditary tenant under section 27: provided that if such landlord lets his land which is niji jot in contravention of the provisions of this section, such land shall cease to be niji jot and the person to whom the land is so let shall become hereditary tenant thereof.

section 15. of the ajmer tenancy and land records act : on the death of the holder of niji jot, the niji jot rights shall devolve in accordance with the law which regulates the succession of proprietary right in such land.

section 20. of the ajmer tenancy and land records act : 1 if the whole of the interest of a sole proprietor of a village or of a specific area thereof is transferred, either by foreclosure or sale in execution of a decree or order of a civil or revenue court, or by voluntary alienation, otherwise than a by gift or b by exchange of specific areas between cosharers of the village, he shall become an exproprietary tenant of the whole of his khudkasht in such village or area which he has cultivated continuously for three years or more at the date of such transfer, and shall be entitled to hold the same at a rate payable by an exproprietary tenant under sections 63 and 64. 2 if a part only of the interest of a sole proprietor of a village or of a specific area thereof is so transferred, or where there are two or more cosharers in the proprietary interest of a village or of specific area thereof, and such transfer relates to the whole or part of the proprietary interest of some of them, exproprietary rights shall accrue in so much of khudkasht so cultivated as appertains or corresponds to the part of the interest so transferred and, unless by mutual agreement the transferor and the transferee have demarcated the area in which exproprietary rights have accrued, and fixed the rent, not higher than the rent specified in sections 63 and 64, the subdivisional officer shall, in the course of mutation proceedings or, if more convenient, in a separate proceeding, started on his own motion, or on the application of the exproprietary tenant or the landlord, or on the report of the patwari, demarcate such area and declare the rent in accordance with the provisions of subsection 1. 3 a mortgage shall be deemed to be a voluntary alienation within the meaning of subsection 1, if it has the effect of transferring proprietary possession of the land mortgaged from the mortgagor to the mortgagee but not otherwise. 4 notwithstanding anything in subsection 1, 2 or 3, exproprietary rights shall not accrue in groveland, or in land transferred for any purpose inconsistent with the existence of a right of cultivation therein. 5 after disposing of the case for demarcation of the exproprietary area and declaration of rent thereon under subsection 2, the subdivisional officer shall submit the record of the case for confirmation of the order passed by him to the collector.

section 17. of the ajmer tenancy and land records act : there shall be, for the purposes of this act, the following clauses of tenants, namely, a occupancy tenants b exproprietary tenants c hereditary tenants and d nonoccupancy tenants.

section 21. of the ajmer tenancy and land records act : 1 save as otherwise provided in subsection 2, an agreement for the relinquishment of exproprietary rights shall be void, whether such agreement was entered into before or after such rights accrued. 2 notwithstanding anything contained in the first proviso to section 57, where the land transferred by mortgage of the kind specified in subsection 3 of section 20 consists wholly of a specific area of khudkasht of three or more years, the mortgagor may, by simultaneous agreement in writing, waive his exproprietary rights, and in that case the mortgaged land shall, if the mortgagor redeems the mortgage within ten years of the date of the transfer, be restored to him unencumbered with any tenancy rights.

section 16. of the ajmer tenancy and land records act : if the collector is satisfied that the landlord of an estate or village, without good reason, keeps large areas of his niji jot and other culturable land uncultivated, or that an emergency has arisen for bringing under cultivation land which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than three years, he may, i with the previous sanction of the chief commissioner, take possession of such land, and ii notwithstanding anything to the contrary contained in this act, allot it for cultivation on such terms and conditions as may be prescribed, and the person to whom the land is so allotted shall, unless he is the landlord at such land, be deemed to have been admitted as tenant within the meaning of clause b of section 22: provided that, while giving his sanction under clause i, the chief commissioner may exempt from its operation any land which is used as pasture land or threshingfloor, or for some other purpose for the benefit of the public.

section 19. of the ajmer tenancy and land records act : every person who a is, at the commencement of this act, an exproprietary tenant in accordance with the provisions of the ajmere land and revenue regulation, 2 of , or b acquires exproprietary rights in accordance with the provisions of this act, shall be called an exproprietary tenant.

section 18. of the ajmer tenancy and land records act : every person a other than a person to whom the provisions of section 7 of the ajmere land and revenue regulation, 2 of apply, who, before the commencement of this act, was admitted to the occupation of land and who has, before such commencement, sunk a well, reclaimed or otherwise developed such land, or b who was recorded in the year of settlement as tenant with a permanent right of tenancy mazaraimustaqil and has continued in possession since, shall be called an occupancy tenant.

section 23. of the ajmer tenancy and land records act : notwithstanding anything in this act, hereditary rights shall not accrue in i unstable land, or ii groveland, pastureland, bir, or land, covered by water, used for the purpose of growing singhara or other produce, or iii land used for casual or occasional cultivation in the bed of a river or a stream, or iv land acquired or held for a public purpose or for a work of public utility, or v the khudkasht of a landlord who is serving in the military, naval or air forces of india, so long as he remains in such service and for two years after the cessation of such service: provided that where there are several cosharers in such khudkasht and not all of them are in such service, the provisions of this clause shall apply only when the cosharers who are not in such service belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivating by reason of blindness or physical infirmity, or confinement in prison.

section 22. of the ajmer tenancy and land records act : subject to the provisions of section 23, every person who a is, at the commencement of this act, a tenant of land, not being an exproprietary tenant, an occupancy tenant or a subtenant, or b is, after the commencement of this act, admitted as a tenant otherwise than as a subtenant, or otherwise than as a tenant to whom niji jot is let in accordance with the provisions of section 14, or c under the provisions of this act, acquires hereditary rights, shall be called a hereditary tenant. explanation.for the purposes of this section, the word subtenant shall not include a person who holds land from a relation, dependant or servant of the landholder or, in an estate mentioned in the second schedule, from a transferee of an interest in a holding or part thereof, whether the transfer was made before or after the commencement of this act, unless such relation, dependant, servant or transferee proves to the satisfaction of the court that he is a genuine tenant of such land or such holding or part thereof.

section 24. of the ajmer tenancy and land records act : all tenants other than occupancy tenants, exproprietary tenants and hereditary tenants shall be nonoccupancy tenants.

section 29. of the ajmer tenancy and land records act : notwithstanding anything contained in section 28, the surrender of her holding by a female tenant with life interest shall not extinguish her tenancy, unless such surrender is made with the written consent of nearest reversioner.

section 25. of the ajmer tenancy and land records act : the interest of an occupancy tenant, an exproprietary tenant, a hereditary tenant find a nonoccupancy tenant is heritable, but is not transferable, otherwise than by sublease as hereinafter provided, or by transfer or surrender to a cotenant.

section 27. of the ajmer tenancy and land records act : 1 subject to the provisions of section 26 and subsections 2 to 4 of this section, a tenant may sublet the whole or any portion of his holding. 2 no occupancy, exproprietary or hereditary tenant shall sublet the whole or any portion of his holding a to a person other than an agriculturist, or b for a term exceeding three years: provided that a period of not less than three years shall intervene between the expiry of one sublease and the beginning of the next sublease. 3 no nonoccupancy tenant, other than a subtenant, shall sublet the whole or any portion of his holding for a term exceeding one year. 4 the rent payable by a subtenant to an occupancy, an exproprietary, a hereditary or a nonoccupancy tenant shall be an amount not exceeding one and onefifth of rent payable by such tenant to his landholder: provided that the restrictions imposed by clause b of subsection 2 on subletting of a holding or portion thereof shall not apply when the lessor is a female, a minor, a lunatic, an idiot, or a person incpabale of cultivating by reason of blindness, or any physical infirmity, or service in the military, naval or air forces of india, or confinement in prison: provided further that, in the case of a holding held jointly by more persona than one, the provisions of the first proviso shall not apply unless all such persons belong to one or more of the categories specified therein.

section 26. of the ajmer tenancy and land records act : 1 no tenant shall sublet, or otherwise transfer, the whole or any portion of his holding in consideration of a debt, whether reserving or not reserving rent to be paid periodically. 2 no subtenant shall sublet the whole or any portion of his holding.

section 31. of the ajmer tenancy and land records act : except as otherwise provided in this act, when the interest of a tenant or subtenant is extinguished he shall vacate his holding, but shall have, in respect of the removal of any crop the same rights as a tenant would have upon ejectment in accordance with the provisions of this act.

section 28. of the ajmer tenancy and land records act : the interest of a tenant in his holding or part thereof, as the case may be, shall be extinguished a when he dies, leaving no heir entitled to inherit or b when his ejectment is ordered or c subject to the provisions of sections 57 and 58, when he surrenders or abandons the holding or d when his land is acquired under the land acquisition act, 1 of or e when he is deprived of possession of his holding otherwise than in accordance with the provisions of this act and has not applied for recovery of possession within the period of limitation specified in section 102 or 104, as the case may be or f when the mortgage referred to in section 21 has been redeemed by the mortgagor as provided in that section or g when he acquires, or succeeds to, the entire proprietary right in his holding, or where the holder of the entire proprietary right over a holding inherits or otherwise acquires the tenancy rights in such holding: provided that no order of ejectment which is submitted for confirmation under the provisions of this act shall extinguish the tenancy, until such order has become final.

section 30. of the ajmer tenancy and land records act : 1 subjects to the provisions of subsection 2, the extinction of the interest of a tenant shall operate to extinguish the interest of any subtenant holding under him. 2 when the right of a tenant in any land is extinguished under the provisions of clause g of section 28 the subtenant, if any, of such land shall become a hereditary tenant.

section 32. of the ajmer tenancy and land records act : 1 if a subtenant, to whom the provisions of section 31 apply, does not vacate the holding, the person entitled to possession of such holding shall, on application to the tahsildar be put in possession thereof. 2 the tahsildar shall, after deciding the dispute, if any, arising between the parties, submit the record of the case for confirmation of the order passed by him to the subdivisional officer.

section 34. of the ajmer tenancy and land records act : 1 in case of a holding to which the second proviso to subsection 1 of section 33 applies, the tahsildar may, on the application of a cotenant, specify the share of such cotenant in the produce of such holding and depute an officer to divide the produce in accordance with the provisions of subsections 2 to 3 of section 77 which shall, mutatis mutandis, apply to such proceedings. 2 the order of the tahsildar under subsection 2 shall not affect the right of a cotenant to obtain a declaration in respect of his share in such holding under clause ii of subsection 1 of section 43.

section 33. of the ajmer tenancy and land records act : 1 a division of a holding shall be effected a by agreement between the cotenants or b by the order of the tahsildar, passed on an application under this section by a cotenant against the others and the landholder: provided that no such agreement shall be binding on the landholder, unless he agrees thereto in writing: provided further that no such application shall be entertained if, as a results of division, the area of the share of a cotenant is reduced to less than ten acres. 2 if the holding to be divided is assessed to fixed money rent, the division shall be accompanied by the distribution of rent payable in respect of each portion of the holding so divided. 3 after deciding the case, the tahsildar shall submit the record of the case for confirmation of the order passed by him to the subdivisional officer.

section 36. of the ajmer tenancy and land records act : 1 a person, who wishes to consolidate the area which he cultivates, may apply to lie subdivisional officer to exchange the whole or any portion of such area for land cultivated by another person. 2 if, on receipt of an application under subsection 2, the subdivisional officer is satisfied that reasonable grounds exist, he shall grant such application, either in whole or in part, and shall allot to such other person land which is cultivated by the applicant and which is approximately equal in value to, and of the same quality as, the land received by the applicant: provided that, to such extent as any land to be exchanged is not approximately equal in value and of the same quality, the subdivisional officer shall award monetary compensation to balance the advantages and disadvantages, collect such compensation as arrears of revenue, and pay it to the persons entitled. 3 after the order passed under subsection 2 is complied with, each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange. 4 no order of exchange shall be passed under this section a in respect of land which is cultivated by a nonoccupancy tenant, or is burdened with any lease, mortgage or other encumbrance or b between persons who are not landlords, or tenants of the same landlord, or who do not stand to one another in the relation of landlord and tenant. 5 after deciding the case, the subdivisional officer shall submit the record for confirmation of the order passed by him to the collector: provided that, if any area is under record operations, all applications under this section relating to such area shall be filed in the court of the record officer. 6 if the application is decided by the record officer, the record shall be submitted for confirmation of the order passed by him to the chief commissioner.

section 39. of the ajmer tenancy and land records act : 1 when a tenant is ejected under section 57, he shall, on application made to the subdivisional officer, be entitled to be reinstated in the land acquired on the conditions specified in subsection 3, if the person for whom the land was acquired a does not, within two years from the date of such ejectment, use it for the purpose for which it was acquired or b uses it for any other purpose within a period of five years from the date of such ejectment. 2 such application shall be made in case of clause a of subsection 1, within six months of the expiry of the period of two years and in case of clause b of subsection 1, within six months of the land being used for any other purpose. 3 the subdivisional officer, on receiving such application, shall, if the conditions specified in clause a or b of subsection 1 are satisfied, reinstate the ejected tenant in the land acquired with the same rights and liabilities and at the same rate of rent as at the date of ejectment on condition that such tenant, before his reinstatement, restores to the person from whom the land was acquired the land or money or both awarded to him by way of compensation under section 37. 4 after the decision of the case, the subdivisional officer shall submit the record for confirmation of the order passed by him to the collector.

section 40. of the ajmer tenancy and land records act : 1 if a tenant, other than a nonoccupancy tenant, desires to acquire proprietary right in his holding, he may apply, in the prescribed form, to the collector for acquisition of such right: provided that no such application shall lie in respect of a part of a holding. 2 on receipt of application under subsection 1, a notice shall be served on the landlord and a copy thereof shall be affixed in a prominent place in the village, stating that the tenant of such holding has applied for an order of acquisition, and that the landlord or any other person interested in such proceeding may file any objections within one month of the affixation of such notice. 3 the collector, after deciding the objections filed, shall, if he finds the applicant entitled to acquisition, assess the amount of a compensation on account of the holding which shall be twelve times the annual rental value of such holding, calculated at sanctioned rates applicable to hereditary tenants b compensation for any improvement, if any, made by the landlord on such holding and c the revenue payable on such holding in the manner prescribed and pass an order that, on payment of such compensation within the period allowed by the collector, the tenant shall become the biswadar of his holding and shall be liable to pay the revenue assessed thereon. 4 after the decision of the case, the collector shall submit the record of the case for confirmation of the order passed by him to the chief commissioner. 5 the landlord shall, after the tenant has become biswadar, be entitled to claim reduction in the revenue payable by him as prescribed.

section 37. of the ajmer tenancy and land records act : 1 a landlord may apply to the collector to acquire for him land held by a tenant for any of the following purposes, namely, a for farming on improved lines or b for making any watercourse, reservoir or tank for irrigation purposes or c for opening or working a limestone, kankar or other mineral quarry or d for undertaking, or allowing any other person to undertake, prospecting work to discover new sources of supply of mines and minerals or e for the proper working or developing of a mine or mining industry. 2 the landlord shall, in case of an application under clause a, and may, in case of an application under any other clause, file a list of his plots available in the same or in a neighbouring village, out of which the tenant may make a selection in exchange for the land applied for. 3 on getting such application, the collector shall issue a proclamation calling upon persons who claim any interest in such land, either as proprietor or otherwise, to file objections, if any, within the period specified in the proclamation. 4 if the collector is satisfied that reasonable grounds exist, he shall order the acquisition of the land applied for, or such part thereof as he deems fit settle the question of compensation in accordance with the provisions of subsections 5 and 7 and order the ejectment of the tenant from the land acquired. 5 the collector, before passing an order of ejectment under subsection 4, shall proceed as follows: i if an agreement, which in the opinion of the collector is not unfair is arrived at, he shall give effect to it and ii failing such agreement he shall a in case of an application under clause a of subsection 1, give to the tenant an option to select plots included in the list and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired and b in case of an application under clause b, c, d or e of subsection 1, give to the tenant an option to select plots included in the list, if one is filed under subsection 2, and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired, but if the tenant claims monetary compensation only or if no list is filed under subsection 2, the collector shall award to the tenant monetary compensation for his interest in such land and c to such extent as the land given in exchange under subclause a or b is not approximately equal in value and of the same quality, award monetary compensation to balance the advantages and disadvantages. 6 if any land is allotted to the tenant under subsection 5, he shall have the same right in such land as he had in the land from which he is ordered to be ejected. 7 if as a result of an order of acquisition, the interest of any person, other than the tenant of the land to be acquired, is adversely affected, the collector shall award to such person monetary compensation for the loss suffered by such person in consequence of such order. 8 after deciding the case, the collector shall submit the record for confirmation of the order passed by him to the chief commissioner. 9 the amount of monetary compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled.

section 35. of the ajmer tenancy and land records act : a landlord may, with the consent of a tenant, give in exchange land which is not let, for any land held by such tenant, and such tenant shall have the same right in the land so received by him in exchange as he had in the land given in exchange.

section 38. of the ajmer tenancy and land records act : 1 if, in the course of proceedings under section 37, a question of proprietary right arises, the collector shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the chief commissioner: provided that the collector may, if he deems fit, instead of deciding such dispute, grant to any party a certificate declaring that the matter is fit to be determined by a civil court and dismiss the application for acquisition of land. 2 the person to whom such certificate is granted may, within three months of the grant thereof, institute a suit to establish his right in a court of competent jurisdiction, and such court may, upon the production of such certificate, entertain such suit. 3 where a party, to whom such certificate has been granted, fails to institute a suit within the time allowed, he shall be deemed to have instituted such suit and lost it. 4 the dismissal of an application under the proviso to subsection 1 shall be no bar to the entertainment of a second application for acquisition filed by the landlord, if i in the civil suit, instituted under the provisions of the said proviso, the question of proprietary right is determined in his favour or ii in case a certificate to file a suit has been granted to a person other than the landlord, no such suit has been filed within the period allowed under subsection 2.

section 42. of the ajmer tenancy and land records act : 1 a lease for a period exceeding one year, or from year to year, or for reclaiming any land shall be made by a registered instrument only. 2 notwithstanding anything contained in subsection 1, the parties to such lease may, in lieu of registering the same, obtain the attestation thereto of a girdawar, a naibtahsildar, or a tahsildar, within whose jurisdiction the land leased is situated in accordance with the provisions of subsection 4. 3 such instrument shall be presented for attestation in duplicate. 4 the attesting officer shall, after satisfying himself as to the identity of the parties and the execution of the instrument, make, sign and date an endorsement thereon to the effect that he has so satisfied himself, and shall deliver one copy to the lessor and the other to the lessee: provided that no such instrument shall be accepted for attestation, unless it is presented within four months of its execution. 5 an instrument so attested shall be deemed to be registered within the meaning of the indian registration act, xvi of .

section 41. of the ajmer tenancy and land records act : 1 the tenant of holding shall be entitled to receive, from his landholder, a written lease, consistent with the provisions of this act, drawn up in the prescribed form. 2 if the lease is not issued to the tenant, or it does not contain the particulars required to be stated therein, or contains particulars which the tenant does not accept as correct, he may make an application to the tahsildar and claim the lease in the proper form. 3 along with his application the tenant shall file three copies of the draft lease in the prescribed form, stating therein all the particulars in accordance with the terms settled between him and his landholder, and shall verify each copy as a plaint. 4 the tahsildar shall, on receipt of the application, issue notice accompanied by a copy of the lease to the landholder to file objections, if any, within the period specified therein. 5 if the landholder appears and admits the correctness of the lease, or, after due service of the notice, does not appear, the tahsildar shall sign and date the lease, put his official seal on it and deliver it to the tenant. 6 if the landholder files an objection, the tahsildar shall decide it, and, if the tenant is entitled to a lease, deliver the lease in the manner provided by subsection 5. 7 if the lease is delivered to the tenant under subsection 5 or 6, a true copy thereof shall be furnished to the landholder and a copy of such lease shall be placed on the record of the case. 8 the tahsildar shall submit the record of the case for confirmation of the order passed by him under subsection 6 to the subdivisional officer. 9 a lease so delivered shall be deemed to be registered under the indian registration act, xvi of and the terms thereof, in so far as they are consistent with the provisions of this act, shall be binding on the parties thereto.

section 50. of the ajmer tenancy and land records act : when, under any provision of this act, a court has to determine the amount of compensation due on account of an improvement, it shall have regard a to the amount by which the value or the produce of the holding, or the value of that produce, is increased by the work, b to the condition of such work and the probable duration of its effect, c to the extent or benefit to which the landholder or the tenant may be entitled under section 51, and d to the labour and capital required for the making of such work, allowing for i any reduction or remission of rent or any other advantage allowed to the tenant by the landholder in consideration of the work, ii any assistance given to the tenant by the landholder in money, material or labour, and iii in the case of reclamation or of conversion of unirrigated to irrigated land, the length of time during which the party claiming compensation has had the benefit of the improvement.

section 43. of the ajmer tenancy and land records act : 1 in case of doubt or dispute, the landholder or the tenant may apply for a declaration as to any of the following matters: i the rent payable or any other particulars prescribed for the lease ii the right of a person claiming to be a tenant or a joint tenant of a holding, or the specification of his share in such holding iii question of status of a tenant iv whether a particular plot is a niji jot, or b stable or unstable land. 2 such application shall be filed in the court of the subdivisional officer who shall decide the dispute in accordance with the provisions of this act, and submit the record of the case for confirmation of the order passed by him to the collector.

section 45. of the ajmer tenancy and land records act : no nonoccupancy tenant shall make any improvement except with the written consent of his landholder: provided that, if such tenant is a subtenant, he shall not make any improvement unless a it is an improvement which his landholder could himself have made and b he has obtained the written consent of his landholder.

section 47. of the ajmer tenancy and land records act : 1 if both the landlord and the tenant want to make the same improvement which they are entitled to make under this act, the subdivisional officer shall, on application, allow the tenant to execute the work within a specified period and may, on reasonable cause being shown, extend such period from time to time: provided that the total period of such extensions shall not exceed six months. 2 if the tenant fails to execute the work within such period or extended period, the landlord shall have the right to make such improvement.

section 46. of the ajmer tenancy and land records act : 1 a landlord may, with the sanction of the subdivisional officer, make an improvement on, or affecting, the holding of a tenant: provided that no such sanction shall be required if the tenant of such holding is a nonoccupancy tenant, or the improvement which the landlord desires to make is a well. 2 if the subdivisional officer refuses to give sanction, he shall submit the record of the case for confirmation of the order passed by him to the collector.

section 49. of the ajmer tenancy and land records act : a tenant who has made a work of the kind to which the provisions of clause 13 of section 4 apply, whether such work was made before or after the commencement of this act, shall be entitled to claim compensation a if an order of ejectment is passed against him or b if he has been wrongfully ejected from his land and has not recovered possession thereof: provided that in case of a dwelling house mentioned in subclause i of clause 13 of section 4, the tenant may, instead of claiming compensation, sell or remove the materials thereof or, with the written consent of the landlord and within such period as the court deciding the claim for compensation may specify, transfer the right of residence therein to any tenant of the village: provided further that except in case of such dwelling house, compensation shall not be payable for any work made more than thirty years prior to the date on which the order of ejectment was passed or the tenant was wrongfully ejected.

section 44. of the ajmer tenancy and land records act : an occupancy, an exproprietary or a hereditary tenant may make any improvement, but he shall not construct a tank unless he has obtained the written consent of the landholder.

section 48. of the ajmer tenancy and land records act : nothing in this chapter shallentitle a tenant or a landholder to make an improvement on, or detrimental to, any land, not included in the holding to be benefited by such improvement, unless he is in possession of such land as owner, or has obtained the written consent of the landlord and of the tenant, if any, of such land.

section 51. of the ajmer tenancy and land records act : 1 if a tenant has made an improvement on land from which he is ejected, the landholder shall, on payment of compensation, if awarded, become the owner of the work, but the tenant shall be entitled to the benefit of the work in respect of the land remaining in his possession to the same extent and in the same manner as it was hitherto benefited thereby. 2 if a tenant has made an improvement on land which remains in his possession after he is ejected from the other portion of his holding, the landholder shall, in accordance with the conditions laid down by the court, be entitled to the benefit of such work in respect of the land from which the tenant has been ejected to the same extent and in the same manner as it was hitherto benefited thereby.

section 52. of the ajmer tenancy and land records act : if a question arises between a tenant and his landholder a as to the right to make an improvement or b as to whether a work contravenes the provisions of section 48 or c as to whether a particular work is an improvement or d as to the right to the benefit of an improvement under section 51, the subdivisional officer shall, on the application of either party, decide the question and submit the record of the case for confirmation of the order passed by him to the collector.

section 58. of the ajmer tenancy and land records act : 1 subject to the provisions of subsections 2 and 3 a tenant who ceases to cultivate his holding and leaves the neighbourhood, shall not lose his interest in such holding, if he leaves in charge thereof a person responsible for payment of the rent as it falls due and gives written notice to the landholder of such arrangement. 2 if the person so left in charge is a person a on whom, in the event of the tenants death, the tenants interest would devolve, or b who is to manage the holding for the benefit of the person on whom in the event of the tenants death, the tenants interest would devolve, the tenant shall, on the expiry of a period of seven years, lose his interest in his holding unless he, within such period, resumes cultivation thereof, and such interest shall devolve on the person on whom the interest of the tenant would devolve in the event of his death. 3 if the person so left in charge is not a person mentioned in subsection 2, the tenant shall, on the expiry of a period of three years, be deemed to have abandoned his holding, unless within such period he resumes cultivation thereof. 4 a tenant who ceases to cultivate and leaves the neighbourhood, otherwise than in accordance with the provisions of subsection 2, shall be deemed to have abandoned his holding.

section 53. of the ajmer tenancy and land records act : a tenant, other than a nonoccupancy tenant, who pays fixed money rent may plant on his molding any tree: provided that a he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding and b he shall, in the absence of a written agreement to the contrary, continue to be liable to pay the full rent of the holding.

section 54. of the ajmer tenancy and land records act : a tenant, other than a nonoccupancy tenant, who pays rent by batai, or bighori or partly by batai and partly by bighori, may plant any tree with the written consent of his landlord on such terms as may be settled between them: provided that he shall not plant any tree in such a way as to diminish the value of any land, not included in his holding.

section 55. of the ajmer tenancy and land records act : 1 any tree standing at the commencement of this act on the holding of a tenant, not being a subtenant, shall vest in such tenant, if he has continuously been in possession of such holding for not less than twelve years immediately before such commencement. 2 if a tree does not vest in such tenant under subsection 1, he may i if such tree hinders the cultivation of the folding, fell it with the previous sanction of the tahsildar and after notice in writing to the landlord or his agent, and deliver the timber thereof to such landlord or agent or ii appropriate such tree and pay to the landholder such price as the tahsildar may, on the application of the tenant, fix. 3 the tahsildar shall, if the order giving or refusing sanction for felling, such tree or fixing the price thereof is passed in a contested case, submit the record of the case for confirmation of the order passed by him to the subdivisional officer.

section 56. of the ajmer tenancy and land records act : if a dispute arises between a landlord and a tenant as to the right to plant any tree, or the manner of planting it, or regarding the ownership of any tree, the dispute shall, on the application of either party, be decided by the subdivisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector.

section 57. of the ajmer tenancy and land records act : subject to the provisions of section 29, a tenant, not bound by a lease or other agreement to continue to occupy any holding in the following year, may i by means of a registered letter, sent to his landholder before the first day of march in any year, notify his intention to surrender his holding at the end of the agricultural year, whether such holding, is or is not held by a subtenant and ii surrender his holding by giving up possession thereof accordingly: provided that an exproprietary tenant shall not surrender his holding of any part thereof except to his own landholder, and unless a a period of two years has elapsed from the date of accrual of the exproprietary rights, and b such tenant has obtained the previous sanction of the collector: provided further that nothing in this section shall affect any arrangement by which a tenant, other than an exproprietary tenant, and the landholder may agree to the surrender of the whole or any portion of the holding.

section 59. of the ajmer tenancy and land records act : a landholder may enter upon, and occupy, the land surrendered or abandoned in accordance with the provisions of this act.

section 66. of the ajmer tenancy and land records act : the produce of every holding, whether sublet or not, shall be deemed to be hypothecated of the landlord for the rent payable in respect of such holding and, until the demand for such rent has been satisfied, no other claim on such produce shall be enforced by sale in execution of a decree of a civil or revenue court, or otherwise.

section 60. of the ajmer tenancy and land records act : 1 if a dispute arises as to a the right of a tenant to surrender his holding or part thereof, or b the right of a landholder to enter upon and occupy the land under the provisions of section 59, either party may, within three months from the date of such dispute, apply to the tahsildar for decision. 2 the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the subdivisional officer.

section 61. of the ajmer tenancy and land records act : no landholder shall accept a premium for admitting a person to a holding: provided that this prohibition shall not apply to a landlord who confers biswadari right in any waste or unimproved land or common land of a village.

section 62. of the ajmer tenancy and land records act : 1 notwithstanding any custom or contract to the contrary, no lag, or neg, by whatever name called or known, shall, in addition to the rent of the holding, be levied on, or recovered from, a tenant: provided that this prohibition shall not apply to a village development cess levied under subsection 2. 2 the chief commissioner may, with the previous approval of the central government, declare that the tenants of any village shall be liable to pay a village development cess, not exceeding two and a half per cent, of the rental to be applied for such purposes, and to be collected and disbursed in such manner, as may be prescribed in this behalf. 3 in case of doubt, the chief commissioner may determine whether any levy is a levy prohibited by subsection 1.

section 64. of the ajmer tenancy and land records act : subject to the provisions of section 63, a tenant shall be liable to pay rent in accordance with the following scale: a a hereditary or a nonoccupancy tenant, other than a subtenant onefifth of the produce of his holding b an occupancy tenant onesixth of the produce of his holding c an exproprietary tenant oneeighth of the produce of his holding: provided that if in any area bighori at customary rate is payable for any crop, a tenant may elect to pay such rate for such crop: provided further that if a tenant grows cotton, or a crop in which cotton predominates, on more than one fourth of the irrigable area of his holding, the rent of such excess area shall be payable at double the bighori at customary rates. explanation.in this section the expression produce of his holding shall not include the straw chaff bhusa of the rabi or the dry stalks of kharif crop.

section 63. of the ajmer tenancy and land records act : every occupancy, exproprietory, hereditary or nonoccupancy tenant shall be liable to pay rent in accordance with the provisions of section 64: provided that if, at the commencement of this act, a lower rent is payable by a tenant, or, after such commencement, a lower rent is agreed upon between him and his landholder, he shall be liable to pay such rent only.

section 67. of the ajmer tenancy and land records act : 1 if the produce of any holding is attached by an order of a civil or revenue court, such court shall give notice of such attachment to the landlord who may apply to such court to sell the produce and pay to him, out of the proceeds of the sale thereof, any arrears of rent due in respect of such holding up to the date of the attachment. 2 if such court, on inquiry, finds the landlords claim to the whole or any part of the rent to be proved, it shall sell the produce or such portion thereof as it may deem fit, and apply the proceeds of the sale, in the first instance, to satisfy such claim.

section 65. of the ajmer tenancy and land records act : notwithstanding anything contained in section 106, a person occupying any vacant land in contravention of the provisions of this act shall, if permitted in writing by the landlord to retain possession of such land, become a hereditary tenant thereof and shall be liable to pay rent in accordance with the provisions of sections 63 and 64.

section 68. of the ajmer tenancy and land records act : 1 if the rent of a holding which is sublet, or is left in charge of another person under section 58, is payable to the landlord by batai, he may collect such rent from the subtenant or such person: provided that if any rent is so collected by the landlord, the subtenant may deduct such rent from any rent payable by him to his landholder. 2 if any conflict arises between the claims of the landlord and the tenant of such holding to collect rent from the subtenant the claim of the landlord shall prevail.

section 69. of the ajmer tenancy and land records act : when rent is paid by batai, the landholder shall not claim or receive any additional quantity of the produce or its money equivalent for cartage to his own residence or to any market place.

section 75. of the ajmer tenancy and land records act : if, in any proceeding under this act between a landholder and a tenant in which the payment of rent, sayar or premium is in dispute, the landholder, when ordered by the court to produce the book of receipts with counterfoils which he is required to retain under section 72, fails to produce it, the court may accept the plea of the tenant regarding such payment as correct or may make any presumption against the landholder which it considers reasonable.

section 70. of the ajmer tenancy and land records act : if a tenant makes a payment to his landholder, the payment shall, in the absence of a direction to the contrary, be deemed to have been made on account of rent, and shall be credited to any year, instalment or holding, specified by the tenant: provided that no such payment shall be applied to the discharge of an arrear of rent which has been outstanding for more than two years at the date of such payment.

section 71. of the ajmer tenancy and land records act : 1 a payment of a money rent may be made by a tenant to his landholder, either direct or by money order: provided that the acceptance by a landholder of a sum paid by moneyorder shall not, by itself or by virtue of anything written on the moneyorder form, be deemed to constitute an admission by him as to the amount of rent payable or due on account of any particular year, instalment or holding, or an admission that the payer is a tenant. 2 when such rent is sent by money order, in the case of acceptance, the payees receipt and in the case of refusal, the endorsement of such refusal on the moneyorder form, duly stamped by the post office, shall be admissible in evidence without formal proof and shall, until the contrary is proved, be presumed to be a correct record of such acceptance or refusal.

section 76. of the ajmer tenancy and land records act : 1 when rent is payable by batai, the tenant shall have a right to the exclusive possession of the crop and to cut and harvest it in due course of husbandry without any interference on the part of the landholder, but shall not be entitled to cut any portion of the produce of his holding or to remove it from the threshingfloor at such time or in such manner as to prevent the due division thereof at the proper time. 2 if a landholder prevents a tenant from tending, cutting, gathering or storing the crop, or otherwise interferes with harvesting operations, he shall be liable, on the complaint of the tenant, to pay to him such sum, not exceeding one hundred rupees, as may be awarded as compensation and such sum shall be recovered as arrears of revenue and paid to the tenant. 3 such complaint shall be made in writing to the subdivisional officer who shall inquire into, and decide, the case and submit the record for confirmation of the order passed by him to the collector. 4 if the tenant cuts or removes any portion of the produce of his holding, contrary to the provisions of subsection 1, such produce shall, for the purpose of determining the share of the landholder, be deemed to be equal to that of the best crop of the same kind grown at that harvest on similar land in the neighbourhood.

section 72. of the ajmer tenancy and land records act : 1 every tenant, lessee or licensee who makes payment on account of rent, sayar or premium shall be entitled to obtain forthwith from the landholder a written receipt signed by the landholder or his agent. 2 the landholder shall, from a book printed under section 74, give a separate receipt for each sum paid on account of rent, sayar or premium, and shall prepare and retain a counterfoil of each receipt given by him.

section 78. of the ajmer tenancy and land records act : if, by an agreement between a landholder and his tenant, the batai rent of a holding is payable in cash by kuta, either party may apply in the prescribed form to the tahsildar to depute an officer to make the kuta.

section 74. of the ajmer tenancy and land records act : the chief commissioner shall cause to be printed and kept for sale to landholders, at all tahsil headquarters, books of receipts with counterfoils in the prescribed form at a rate, not exceeding the actual cost of production, plus five per cent, thereon to cover incidental charges.

section 73. of the ajmer tenancy and land records act : if a receipt is not issued in the prescribed form, or does not contain substantially the particulars required to be stated therein, or if a joint receipt for rent, sayar or premium has been given in contravention of the provisions of subsection 2 of section 72, it shall be presumed, until the contrary is proved, to be an acquittance in full of all demands for rent, sayar, or premium, as the case may be, up to the date on which the receipt was given.

section 77. of the ajmer tenancy and land records act : 1 when the rent of any land is payable by batai, the tenant may, when the crop is ripe, apply to the tahsildar, requesting that an officer be deputed to make the division and, subject to the payment of the prescribed fee, the tahsildar shall, within ten days of such payment, depute an officer for the purpose. 2 the officer so deputed shall proceed to the spot on a day of which notice shall be given to the landholder and the tenant, cause the crop to be cut or gathered, and stored, and, after such inquiry as he deems fit, get the produce divided in accordance with the shares to which the parties may be respectively entitled. 3 the weighment charges or other expenses, if any, incurred in making the division shall be borne by the parties in proportion to their shares in the produce. 4 in making the division, such officer shall take the assistance of assessors to be appointed, as nearly as may be, in accordance with the provisions of subsections 2 and 3 of section 79, draw up a note specifying the share of produce delivered to each party and other necessary particulars, explain such note to the parties and assessors, get it signed by them and submit it with his report to the tahsildar. 5 such officer shall not allow any levy prohibited by subsection 1 of section 62 to be charged at the time of batai, and in his report to the tahsildar he shall state that no such levy was charged. 6 if either the landholder or the tenant is dissatisfied with the division he may, within fifteen days of such division, complain in writing to the tahsildar who shall inquire into the matter and, if necessary, pass a decree for money in favour of the party entitled, and submit the record of the case for confirmation of the decree or order passed by him to the subdivisional officer if no such complaint is made, the tahsildar shall confirm the note of the officer deputed. 7 the subdivisional officer may confirm, amend or set aside the decree of order or pass such other order as he deems fit. 8 a decree for money passed under subsection 6 or 7 shall, if against the tenant, be deemed to be a decree for arrears of rent and, if against the landholder, be realised in accordance with the provisions of sections 88 and 89.

section 79. of the ajmer tenancy and land records act : 1 on receipt of an application under section 78, and on payment of the prescribed fee, the tahsildar shall, within ten days of such payment, issue a written notice to the landholder and the tenant to attend on such date and at such time and place as may be specified in the notice, and shall depute an officer by whom the kuta shall be made. 2 on the day, and at the time and place, so fixed, such officer shall attend and call upon each party to appoint a resident of the neighbourhood as an assessor to assist him. 3 if any party fails to attend, or refuses to appoint an assessor, sum officer shall appoint an assessor on his behalf and shall, with the assistance of the assessors so appointed, make the kuta and deliver an award in the prescribed form and submit the same with a report of the proceedings to the tahsildar. 4 the tahsildar shall issue notice to the parties to file objections, if any, to the award within fifteen days of the date of service of such notice and shall, after hearing such objections and making such inquiry, as he considers necessary, accept or modify such award and submit the record of the case for confirmation of the order passed by him to the subdivisional officer. 5 the subdivisional officer may, after further inquiry, if necessary, confirm or modify the award. 6 after the award has become final, the tahsildar shall assess the money value of the rent payable to the landholder and pass a decree for arrears of rent against the tenant.

section 80. of the ajmer tenancy and land records act : within one month of the end of harvesting operations in a tahsil, or as soon thereafter as may be, the collector shall prepare, in the prescribed manner, a return of market prices current at the harvest time of all food and nonfood crops grown in such tahsil and the return so prepared shall be accepted for assessing the money value of the produce of a holding in cases triable under this act: provided that if, in any area, the central government has fixed any price for any agricultural produce such price shall be accepted for making such assessment.

section 86. of the ajmer tenancy and land records act : when a court passes a decree for arrears of rent under the provisions of this chapter, it shall allow interest on the amount decreed from the date of such decree till the date of its satisfaction at the rate of one anna per rupee per annum simple interest unless, for reasons to be recorded in writing, it disallows the interest or allows interest at a lower rate.

section 81. of the ajmer tenancy and land records act : 1 in case of bighori a if the landholder or the tenant neglects to measure the area sown at the proper time, or b if there is a dispute about the extent of the area sown, the length of the measuring chain, or the manner of measurement of such area, either party may make an application to the tahsildar, requesting that a measurer be appointed to measure such area. with the application, the applicant shall deposit such fee as may be prescribed. 2 the provisions of subsections 1 to 3 of section 79 shall apply to an application made under this section, as if for the words kuta and officer, wherever they occur in such subsections, the words measurement and measurer respectively were substituted. 3 on receipt of the measurers award, the tahsildar shall issue notice to the parties to file objections, if any, within fifteen days of the date of service of such notice and, after hearing such objections, pass a decree for the arrears of rent found due, and submit the record of the case for confirmation of the decree passed by him to the subdivisional officer.

section 83. of the ajmer tenancy and land records act : the rent commuted under the provisions of section 82 shall become payable from june next following the date of the order and shall remain in force for three agricultural years unless, at the end of such period, the landlord and the tenant, by a joint application made to the subdivisional officer, get the period extended for any term agreed upon between them.

section 87. of the ajmer tenancy and land records act : if a landlord has constructed a tank, whether before or after the commencement of this act, he shall, subject to the rules made by the chief commissioner, be entitled to charge irrigation dues from persons irrigating land from such tank, at such rates as may be prescribed.

section 82. of the ajmer tenancy and land records act : 1 where a tenant, other than a nonoccupancy tenant, has heretofore paid his rent by batai, or partly by bighori and partly by batai, he may, apply to the subdivisional officer to commute his rent paid by batai into bighori. 2 the subdivisional officer shall, in accordance with the table of rates prepared in the prescribed manner, declare the bighori which such tenant shall be liable to pay.

section 84. of the ajmer tenancy and land records act : 1 subject to the provisions of this act, the rent of a tenant shall be payable as follows: i in case of batai or bighori a as agreed upon between the tenant and the landholder, b in the absence of any such agreement, according to local custom, and ii in case of fixed money rent, in instalments proportionate to the revenue instalments payable one month before the dates appointed for the payment of the revenue instalments. 2 rent, or any instalment thereof, not paid by due date, shall be deemed to be in arrears.

section 85. of the ajmer tenancy and land records act : 1 if rent, which is payable by batai or bighori, is in arrears, or if the tenant has, without sufficient cause, failed to cultivate his holding, the landholder may, within two years of the date on which rent became payable, apply to the tahsildar for the recovery of arrears of rent. 2 an application for the recovery of fixed moneyrent shall be made to the tahsildar within two years of the date on which such rent became payable. 3 for purposes of the assessment of the rent recoverable under subsection 1 i in case of batai, the provisions of subsection 4 of section 76 shall apply, and ii in case of batai or bighori, the entire area of the holding of the defendant shall, in the absence of evidence to the contrary, be deemed to have been actually cultivated during the period to which the claim relates. 4 the tahsildar shall decide the case and submit the record for confirmation of the decree passed by him to the subdivisional officer.

section 88. of the ajmer tenancy and land records act : 1 a landlord to whom any sum is due on account of sayar may, on an application to the tahsildar, recover the same by attachment and sale of the property of the defaulter with the exception of the following: a the necessary wearing apparel, cooking utensils, beds and bedding of the defaulter, and of his wife and children and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman b his implements of husbandry and such cattle and seed grain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as an agriculturist and c houses and other buildings belonging to the defaulter and actually occupied by him or used by him as a cattleshed. 2 if, in the course of any proceeding under subsection 1, any claim is preferred to, or any objection is made to the attachment of, any property by any person, whether a party to such proceeding or not, the tahsildar shall decide the dispute and submit the record of the case for confirmation of the order passed by him to the subdivisional officer.

section 89. of the ajmer tenancy and land records act : 1 if, in the opinion of the tahsildar the arrears of sayar cannot be recovered under section 88, he may move the subdivisional officer to sanction the collection of such arrears as arrears of revenue. 2 the subdivisional officer may, if he is satisfied that such arrears cannot be recovered under section 88, direct the tahsildar to recover such arrears as arrears of revenue. 3 any arrears of sayar recovered under section 88 or under this section shall be paid by the tahsildar to the person entitled.

section 90. of the ajmer tenancy and land records act : 1 in case of any general refusal to pay rent or any demand on account of sayar to persons entitled to collect the same in any area, the chief commissioner may, by notification in the official gazette, declare that such rent or demand may be recovered in accordance with the provisions of subsection 2. 2 in any area to which a notification made under subsection 1 applies, a landholder entitled to collect such rent or demand may, notwithstanding anything to the contrary contained in this act or any other law for the time being in force, apply in writing to the tahsildar to recover the same, and the tahsildar shall, after satisfying himself that the amount claimed is due, recover file same with costs as arrears of revenue and submit the record of the case for confirmation of the orders passed, and the action taken, by him to the collector. 3 the collector may, after examining the record, order that, after deducting from the amount recovered the collection charges which shall not ordinarily exceed seven per cent, of the amount so recovered, the balance shall be made ever to the person entitled: provided that the total amount deducted as courtfee under section 178 and collection charges shall not, in the aggregate, exceed fourteen and a half per cent, of the amount so recovered. 4 no order passed under this section shall debar a landholder from recovering, under the provisions of this act, any amount due to him which has not been recovered under this section.

section 95. of the ajmer tenancy and land records act : 1 a landholder may enter upon possession of a holding or part thereof from which a tenant is ordered to be ejected: provided that he shall not enter upon such holding or part unless a in a case to which the proviso to subsection 1 of section 94 applies, the tenant has gathered and removed the crop in due course of husbandry and b the amount of compensation, if any, awarded by the court has been paid into court or adjusted in accordance with the provisions of subsection 2 of section 94. 2 if the amount of compensation awarded under subsection 1 of section 94 has not been paid into court or adjusted in accordance with subsection 2 of that section, the order of ejectment shall be cancelled, and the landholder shall be liable to pay to the tenant the cost of the proceedings which shall be collected as arrears of revenue and paid to the tenant. 3 if the tenant offers any resistance or obstruction to entry on land on which a landholder has become entitled to enter under subsection 1, the court passing the order of ejectment shall, on the application of the landholder, direct that such landholder be put into possession of such land and where he is still resisted or obstructed in obtaining possession, the court may, at his instance, order the tenant to be detained in the civil prison under rule 98 of order xxi of the code of civil procedure, v of . 4 the court hearing any proceeding by which a tenant is ejected from his holding or part thereof shall decide all disputes arising under section 94 or this section and such decision shall be subject to confirmation by the court to which the record of such proceeding is submitted for confirmation.

section 96. of the ajmer tenancy and land records act : a tenant shall be liable to ejectment from his holding on one or more of the following grounds: a that a final decree against him for arrears of rent in respect of that holding had remained unsatisfied or b that he is guilty of any act detrimental to the land in that holding, or inconsistent with the purpose for which it was let or c where rent is payable by batai, that for three successive years he has, without sufficient cause, failed to cultivate his holding or d that he or any person holding from him has broken a condition on breach of which he is, by special contract which is not contrary to the provisions of section 8, liable to be ejected or e that he has sublet or otherwise transferred his holding or part thereof in contravention of the provisions of this act: provided that the use of onetwentieth part of a plot included in a holding for growing grass or for the construction of enclosures on such part for stock raising, or for any purpose subservient to agriculture, shall not constitute a ground for ejectment under clause b.

section 91. of the ajmer tenancy and land records act : 1 the provisions of sections 62, 66, 67, 69 to 77, 81, 87 to 90 and 108 to 112 shall apply to a biswadar in relation to a jagirdar or a muafidar, as if in such sections for the word tenant, the word biswadar and for the word landlord or landholder the word jagirdar or muafidar, as the ease may be, and for the word rent the words revenue payable by a biswadar, were substituted. 2 the amount of a decree for arrears of revenue passed against a biswadar, if not satisfied within thirty days of the date when such decree becomes final shall, on the application of the decreeholder, be recovered by the tahsildar as arrears of revenue and paid to the person entitled.

section 97. of the ajmer tenancy and land records act : a nonoccupancy tenant, other than a subtenant to whom the provisions of section 32 apply, shall be liable to ejectment on the ground that he holds only as a tenant from year to year, or under a lease which has expired or will expire by the end of the current agricultural year.

section 92. of the ajmer tenancy and land records act : subject to the provisions of subsection 2 of section 94, when a tenant is ejected from his holding for nonpayment of arrears of rent, all arrears, whether decreed or not, and irrigation dues due in respect of such holding on the date of ejectment shall be deemed to have been satisfied.

section 99. of the ajmer tenancy and land records act : 1 when a landholder desires to eject a tenant on one or more of the grounds specified in clauses b to c of section 96, he shall file an application in the court of the subdivisional officer containing such particulars as may be prescribed. 2 if the subdivisional officer finds that the tenants is liable to ejectment, he shall pass a conditional order for his ejectment either from the entire holding or from such portion thereof, as, having regard to all the circumstances of the case, he considers desirable and shall also direct that i in the case of an order under clause b, c or d of section 96, the tenant shall repair the damage, or pay such compensation as the court may direct within two months from the date of the order, or such further time as the court may, for reasons to be recorded allow and ii in the case of an order under clause e of that section, the tenant shall obtain surrender of, or eject the sublessee or other transferee from, the holding or part thereof which is sublet or otherwise transferred in contravention of the provisions of this act and resume possession of such holding or part, as the case may be, within such time as the court may specify. 3 if the subdivisional officer is satisfied that the tenant has complied with the order passed under subsection 2, he shall cancel the order of ejectment, but if he is not so satisfied, he shall make the order of ejectment absolute and shall, in either case, submit the record for confirmation of the order passed by him to the collector: provided that no application for ejectment shall be entertained on the ground mentioned in clause c of section 96, if the landholder has recovered under section 85 the arrears of rent for the period the tenant has failed to cultivate his holding.

section 93. of the ajmer tenancy and land records act : no decree for arrears of rent shall be executed against a tenant otherwise than in the manner provided by section 98.

section 100. of the ajmer tenancy and land records act : a landholder who desires to eject a nonoccupancy tenant to whom section 97 applies may, in the month of may, make an application in duplicate to the tahsildar stating the following particulars: a the name, description and place of residence of the landholder b the name, description and place of residence of the tenant c a description of the holding, specifying the name of the village, the rent payable, and, unless the holding can be otherwise adequately described, the khasra number and area of each field and d the ground on which ejectment is applied for.

section 94. of the ajmer tenancy and land records act : 1 a court, deciding any proceeding under this act by which a tenant is ejected from his holding or part thereof shall, before passing an order of ejectment, award the amount of compensation due to him on account of an improvement, a tree or a crop belonging to him and existing on such holding: provided that if, on the date of such order, no arrears of rent, decreed or undecreed, or irrigation dues are outstanding against him on account of such holding and there is a tree or crop upon the land, he may cut and remove such tree and, subject to such payment and such other terms as the court passing the order may specify, use such land for tending, gathering and removing such crop. 2 if, on such date, any such arrears are outstanding against the tenant and the amount of compensation awarded to him under subsection 1 exceeds the amount recoverable from him as such arrears, the order for ejectment shall be conditional on the payment into court by the landholder of the balance due to the tenant within such time as the court may direct and if the amount of such compensation does not exceed such arrears, any claim for compensation made by the tenant shall be deemed to have been satisfied on his ejectment.

section 98. of the ajmer tenancy and land records act : 1 immediately after a decree for arrears of rent passed under section 77, 79, 81 or 85 has become final, the tahsildar shall cause a notice to be served on the tenant stating the amount due under the decree, and requiring him, within two months from the service of the notice, to pay such amount into court. 2 if the amount is so paid, the tahsildar shall record satisfaction on the decree and grant a receipt therefore which shall operate as an acquittance for the amount deposited as if such amount had been received by the decree holder and pay such amount to the person entitled to receive it. 3 if the amount is not so paid by the tenant the tahsildar shall order his ejectment from his holding or part thereof as prescribed and submit the record of the case for confirmation of the order passed by him to the subdivisional officer. 4 the subdivisional officer may a on the application of the tenant, extend the tithe for the payment of the decretal amount for a period, not exceeding two months from the date of such order or b allow payment into court of such amount by installments and specify the time for payment thereof or c confirm the order of ejectment. 5 if the subdivisional officer by order extends the time for the payment of the decretal amount or allows payment by installments and such order is duly complied with, the order of ejectment shall be set aside. 6 if the decretal amount or any installment is not paid into court within the period allowed under clause a or b of subsection 4, the subdivisional officer shall confirm the order of ejectment.

section 108. of the ajmer tenancy and land records act : if any landholder or his agent i dishonestly collects a premium prohibited by this act, or any sum, or produce in excess of the amount which is due as arrears of rent, or as sayar, or ii charges interest on an arrear of rent, not expressly allowed by this act or at a rate exceeding that allowed by this act, or iii realises, by proceedings in court or otherwise, any rent of which payment has been remitted, or, before the expiry of the period of suspension, any rent of which payment has been suspended under the provisions of this act, or iv habitually refuses or neglects to deliver to the tenant a receipt, or does not prepare and retain a counterfoil of the receipt in the manner prescribed by this act, or v without reasonable cause, credits or applies a payment made towards rent otherwise than in accordance, with the provisions of this act, the subdivisional officer shall, on the application of the tenant, if made within six months of the contravention of the provision of this act to which the complaint relates, institute an inquiry and, if he is satisfied that the charge is established, shall award to the tenant monetary compensation not exceeding two hundred rupees and submit the record of the case for confirmation of the order passed by him to the collector.

section 101. of the ajmer tenancy and land records act : 1 the tahsildar shall send one copy of the application to the tenant and inform him that he may file objections, if any, within thirty days of the receipt of such application. 2 it the tenant admits his liability to ejectment, or has not appeared within such period, the tahsildar shall pass an order for his ejectment. 3 if the tenant contests his liability to ejectment on the ground that he is not a tenant, or claims occupancy, exproprietary or hereditary rights, or denies the right of the landholder to eject, the tahsildar shall forward the record to the subdivisional officer for trial of the case. 4 on receipt of the record, the subdivisional officer shall hear and decide the case and submit the record for confirmation of the order passed by him to the collector. 5 if the liability to ejectment is contested on any other ground, the tahsildar shall decide the case and submit the record for confirmation of the order passed by him to the subdivisional officer.

section 107. of the ajmer tenancy and land records act : a person who has made an application under section 102 or 104, shall not be entitled to institute a separate suit or proceeding in a civil court for any relief which he might and ought to have claimed and has not claimed.

section 109. of the ajmer tenancy and land records act : 1 if, in the course of proceedings for the realisation of arrears of rent, the trial or the confirming court finds that the landholder has committed any of the acts enumerated in clauses i to v of section 108, it may award to the tenant compensation, not exceeding one hundred rupees. 2 if such compensation is awarded by the trial court, the record of the case shall be submitted for confirmation of the order passed by it to the subdivisional officer, and if by the confirming court, to the collector.

section 103. of the ajmer tenancy and land records act : 1 if the court finds that the tenant has been wrongfully ejected, it shall proceed as follows: a if the tenant is not entitled to remain in possession after the expiry of the agricultural year in which the order is passed, the order shall not be for recovery of possession, but for costs only, or, if compensation has been claimed and found due, for compensation and costs only b when the order is for recovery of possession, compensation, if claimed and found due, may be awarded for wrongful dispossession but not for an improvement or a tree c where an order is given for compensation for wrongful dispossession, but not for possession, the compensation shall be for the whole period during which the tenant was entitled to remain in possession. 2 if the order is for recovery of possession, the subdivisional officer shall put the tenant wrongfully ejected in possession. 3 after the decision of the case, the subdivisional officer shall submit the record for confirmation of the order passed by him to the collector. 4 any amount awarded as compensation shall be recovered as arrears of revenue and paid to the person entitled.

section 105. of the ajmer tenancy and land records act : 1 if, on application under section 104, the subdivisional officer is satisfied that any person taking or retaining possession of a plot of land is liable to ejectment, he shall order the ejectment of such person and award damages which may extend to four times the annual rental value of such plot, calculated in accordance with the sanctioned rates applicable to hereditary tenants. 2 if, on the date of the order of ejectment, there is any ungathered crop or other produce belonging to the person ordered to be ejected, the applicant shall become owner thereof. 3 the subdivisional officer shall submit the record of the case for confirmation of the order passed by him to the collector. 4 any damages awarded under this section shall be recovered as arrears of revenue and paid to the person entitled.

section 104. of the ajmer tenancy and land records act : 1 a person, other than a landholder mentioned in section 102, taking or retaining possession of a plot of land otherwise than in accordance with the provisions of this act shall, on the application made to the subdivisional officer, be liable to ejectment and also to pay damages. 2 such application shall be made a if the unauthorised occupation has existed from a date prior to the commencement of this act, within two years of the commencement of this act b in any other case, within three years from the date when the unauthorised occupation first began.

section 102. of the ajmer tenancy and land records act : a tenant ejected by his landholder, otherwise than in accordance with the provisions of this act may, within one year of such ejectment, apply to the subdivisional officer a for possession of the holding b for compensation for wrongful dispossession and c for compensation for any improvement he may have made, or for a tree belonging to him.

section 106. of the ajmer tenancy and land records act : if no application under section 102 or 104 is made within the period of limitation prescribed therefore, and the person ejecting the tenant from, or taking or retaining possession of, land, otherwise than in accordance with the provisions of this act, cultivates such land, such person shall become i if he possesses proprietary interest in such land, khudkashtholder or ii if he does not possess proprietary or tenancy interest in such land, a hereditary tenant.

section 110. of the ajmer tenancy and land records act : if a landholder or his agent collects from a tenant any lag or neg, he shall be deemed to have committed an offence of extortion within the meaning of the indian penal code act xlv of .

section 116. of the ajmer tenancy and land records act : 1 a rentfree grant means a grant by a landlord of a right to hold land rentfree with or without consideration. 2 a grant of land at a favourable rate of rent means a grant held at a rent which, at the time when such grant was made, was below the rent generally payable by a tenantatwill for land of the same class in the neighbourhood. 3 a village service grant means a grant made rentfree or at a favourable rate of rent on condition of rendering any service to the village community.

section 112. of the ajmer tenancy and land records act : if a landlord habitually infringes the rights of a tenant under this act, he shall, notwithstanding anything in section 7 of the ajmere government wards regulation, i of , be deemed to be a landlord who is disqualified to manage his own property within the meaning of section 6 of the said regulation and his property shall be liable to be taken under the superintendence of the court of wards.

section 111. of the ajmer tenancy and land records act : 1 if a landholder compels his tenant to render any service, or makes use of any cattle or any agricultural implement of his tenant against the will of such tenant, whether for remuneration or not, the subdivisional officer shall, on the application of the tenant made within one month of such service or use and on the charge being established, award to the tenant a sum, not exceeding one hundred rupees, as compensation. 2 if, as a result of inquiry, the subdivisional officer finds that the complaint is false, and either vexatious or frivolous, he shall award to the landholder a sum, not exceeding one hundred rupees, as compensation. 3 after deciding the case, the subdivisional officer shall submit the record for confirmation of the order passed by him to the collector.

section 117. of the ajmer tenancy and land records act : 1 no claim shall be entertained for the resumption of a grant a in khalsa area, if such grant has been held from a date prior to or b in any other part of the state, if such grant has been held from a date prior to or c which is hereditary and was made out of personal regard for the grantee or in lieu of his past services and loyalty to the grantor and big family or d which is held unconditionally or e which is not resumable under the terms of the grant or f to a charitable institution or for the maintenance of a sacred building so long as such institution or building exists. 2 a holder of a grant to which clause a, b, c, d or e of subsection 1 applies and who has continuously been in possession thereof for twentyfive years immediately before the commencement of this act, may, on an application made within one year of such commencement and on payment of compensation adjudged under subsection 3, be declared a biswadar of such grant and shall, on such declaration, be liable to pay such revenue as may be fixed thereon. 3 the compensation to be paid under subsection 2 shall be four times the annual rental value of such grant, calculated at sanctioned rates applicable to hereditary tenants. 4 on a declaration being made under subsection 2, the subtenant, if any, of such grant shall become a hereditary tenant thereof. 5 when land revenue is fixed on a grant in respect of which a declaration is made, the proprietor of such grant shall as prescribed be entitled to claim reduction in the revenue payable by him by an amount equal to the amount of revenue fixed under subsection 2.

section 113. of the ajmer tenancy and land records act : 1 a tenant against whom an order of ejectment from a holding or any portion thereof has become final and who reenters into or remains in occupation of such holding or such portion, as the case may be, without the written, consent of the person entitled to admit him as tenant, shall be deemed to have committed an offence of criminal trespass within the meaning of the indian penal code act xlv of . 2 if a landholder enters upon a holding in the possession of a tenant with the object of dispossessing him of such holding, otherwise than under the provisions of this act, such landholder shall be deemed to have committed an offence of criminal trespass within the meaning of the indian penal code. 3 where a person is convicted of such offence and it appears to the court convicting him that the tenant or the landholder has, by reason of anything done in the course of the commission of the offence, been dispossessed of any land, the court shall order such tenant or landholder to be reinstated in such land.

section 118. of the ajmer tenancy and land records act : subject to the provisions of section 117, a landlord may apply for the resumption of a grant i in case of a grant held for the performance of religious service, on the ground a that the object for which the grant was made has ceased to exist or b that the grantee has died, leaving no heir entitled to succeed him under the law applicable to the deceased or c that the grantee has ceased to render the service which he is bound to render ii in case of a grant for the performance of secular service, on the ground that the landlord no longer requires such service or the grantee has ceased to render such service iii in case of a village service grant, on the ground that the grantee has ceased to render the service iv in case of a grant held for the lifetime of the grantee or for a term, on the ground that the grantee has died or the term has expired, as the case may be v in case the grant is held at the pleasure of the grantor, on the ground that it is so held vi in case of a grant to which the provisions of clause f of section 117 apply, on the ground that the institution or the building has ceased to exist.

section 114. of the ajmer tenancy and land records act : any compensation awarded under this chapter shall be recovered as arrears of revenue and paid to the person entitled.

section 119. of the ajmer tenancy and land records act : if the trial court finds on inquiry that the grant is resumable under section 118, it shall i in a case to which the provisions of subclause a or b of clause i, or clause ii, iv, v or vi of section 118 apply, declare the person in possession a a hereditary tenant if, on the date of the application for resumption, such person has been in continuous occupation of such grant for twelve years or more or b as holding without title, if the period of his occupation on such date is less than twelve years, and order his ejectment from such grant and ii in a case to which the provisions of subclause c of clause i or clause iii of section 118 apply, order the ejectment of the grantee and appoint a suitable successor in office with or without the consent of the landlord, as the court deems fit.

section 115. of the ajmer tenancy and land records act : the provisions of this chapter shall not apply to a muafidar.

section 120. of the ajmer tenancy and land records act : 1 a grantee may i obtain a declaration of his status ii make improvements and claim compensation therefore iii plant trees iv claim reinstatement in his holding, if wrongfully dispossessed and v eject a person taking or retaining possession of his land in contravention of the provisions of this act and claim damages, and the respective provisions of the act relating to such matters shall, mutatis mutandis, apply to him as they apply to a hereditary tenant. 2 the provisions of parts ii and iii of chapter viii and of section 62 and sections 108 to 110 and sections 164 to 168 shall, mutatis mutandis, apply to a grantee at a favourable rate of rent as they apply to a hereditary tenant. 3 the provisions of sections 88, 89 and 111 and of chapters xiv and xv, so far as they are applicable, shall apply to a grantee as they apply to a hereditary tenant. 4 the amount of a decree for arrears of rent passed against a grantee at a favourable rate of rent, if not satisfied within four months of the date on which such decree becomes final, shall, on an application to the tahsildar, be recovered under sections 88 and 89 as if it were a sum due on account of sayar and paid to the person entitled.

section 121. of the ajmer tenancy and land records act : 1 except as otherwise provided in subsection 2, no grantee shall transfer by sale, mortgage, gift or otherwise his interest in a grant which is liable to resumption under the provisions of this act. 2 no grantee shall let the whole or any portion of his holding for a term exceeding three years, or within three years of any portion of such holding being held by a subtenant.

section 122. of the ajmer tenancy and land records act : a transaction by which a grantee transfers or lets his holding or a portion thereof in contravention of the provisions of section 121 shall be void.

section 123. of the ajmer tenancy and land records act : an application under section 117, 118 or 120, shall be entertained, heard and decided by the subdivisional officer who shall submit the record of the case for confirmation of the order or the decree passed by him to the collector.

section 127. of the ajmer tenancy and land records act : the collector shall appoint one or more girdawars in each tahsil for the proper supervision, maintenance and correction of the annual registers and records, and for such other duties as the chief commissioner may prescribe.

section 124. of the ajmer tenancy and land records act : no notification under subsection 3 of section 1 shall be made in respect of part iii of this chapter, unless, in the area to which such part is applied, rentrates have been determined and the recordofrights has been framed in accordance with the provisions of this chapter: provided that if the chief commissioner is satisfied that in such area the rentrates determined in the year of settlement and the recordofrights framed in such year and maintained since are reliable, he may accept such rentrates, with or without modification, and such recordofrights, as framed and determined in accordance with the provisions of this chapter.

section 128. of the ajmer tenancy and land records act : the chief commissioner may fix the cadre, grades and pay of girdawars and patwaris and other staff required for the preparation and maintenance of the recordofrights.

section 125. of the ajmer tenancy and land records act : the collector may, with the previous sanction of the chief commissioner, divide the area of the state into mahals, thoks or other convenient units, and arrange them into girdawars and patwaris circles and may alter the number and limits of such circles, but no such division, arrangement or alteration shall be final unless it has been sanctioned by the chief commissioner.

section 130. of the ajmer tenancy and land records act : the collector shall maintain a map and a field book of each village in the state and shall cause annually, or at such longer intervals as may be prescribed, to be recorded therein all changes in the boundaries of each village, mahal or field, and shall correct any error in such map or field book.

section 126. of the ajmer tenancy and land records act : the collector shall appoint a patwari to each circle for preparing and maintaining the recordofrights and registers specified in this act and for performing such other duties as the chief commissioner may prescribe.

section 134. of the ajmer tenancy and land records act : the collector shall prepare and maintain a a register of all revenuepaying villages, mahals, thoks or other units, specifying the revenue assessed on each and the person by, or through whom it is payable and b a register of all revenuefree and revenueassigned villages and areas, specifying the authority and conditions for exemption or assignment as the case may be.

section 129. of the ajmer tenancy and land records act : every girdawar and patwari shall be deemed to be a public servant within the meaning of the indian penal code act xlv of .

section 131. of the ajmer tenancy and land records act : 1 every landlord of a village, mahal or field is bound to maintain and keep in repair the permanent boundary marks and the collector may at any time order such landlord a to erect proper boundary marks on such village, mahal or field or b to repair or renew, in such form and with such material as he may order all such boundary marks. 2 if such order is not complied with within thirty days from the communication thereof, or such longer period as the collector may allow, he shall cause such boundary marks to be erected, repaired or renewed, and shall recover the charges incurred from the landlord concerned as arrears of revenue. 3 survey marks shall, as prescribed, be maintained and kept in repair by the collector.

section 132. of the ajmer tenancy and land records act : 1 there shall be a recordofrights for each village, or if a mahal or other unit formed under section 125 consists of two or more villages or portions of villages, the record may be prepared for each such village or portion separately. 2 the recordofrights shall include the following documents: i a khewat which shall comprise a a register of all the proprietors in the village, including the proprietors of specific areas, and, in estates mentioned in the second schedule, maintenanceholders and b a register of jagirdars and muafidars. ii a khatauni which shall be a register of persons cultivating or occupying land as tenants or otherwise and iii a wajibularz which shall be a record of customs obtaining in the state or any part thereof. explanation.in this section the word proprietor shall include a person in possession of proprietary rights under a mortgage or lease.

section 133. of the ajmer tenancy and land records act : the registers specified in clauses i and ii or subsection 2 of section 132 shall specify the nature and extent of the interest of each person recorded therein and shall be prepared in the prescribed form.

section 135. of the ajmer tenancy and land records act : 1 the collector shall be responsible for maintaining the recordofrights specified in clauses i and ii of subsection 2 of section 132, and, for that purpose, shall annually, or at such longer intervals as may be prescribed, cause to be prepared an amended set of such registers, and the registers so prepared shall be called annual registers. 2 the collector shall cause to be recorded in the annual registers all changes that may take place as a result of succession or transfer or otherwise, and shall correct any error in such registers. 3 no entry in the wajibularz shall be altered except as a result of inquiry in any settlement or record operations in the state.

section 136. of the ajmer tenancy and land records act : 1 every person, obtaining possession by succession or transfer of any proprietary or other right which is required by this act or any rule made thereunder to be recorded in any register prescribed by clause i or clause ii of subsection 2 of section 132, shall report such succession or transfer to the prescribed authority. if such person is a minor or otherwise disqualified, the guardian in charge of his property shall make such report. 2 every such person, or, if he is a minor or otherwise disqualified, his guardian, shall furnish, on the requisition of the patwari, girdawar or any other officer or employee of the revenue department, engaged in compiling such register, all information necessary for the correct compilation thereof. 3 no revenue court shall entertain any application under this act by the person so succeeding or otherwise obtaining possession, until such person, or, if he is a minor or otherwise disqualified, his guardian, has made a report required by this section. explanation.in this section, the word transfer shall include a family settlement.

section 137. of the ajmer tenancy and land records act : all disputes affecting the entries in the annual registers shall be decided in the following manner: i those relating to entries to be made in the khewat, on the basis of possession or, if possession is doubtful, on the basis of summary inquiry into the question of title ii those relating to class or tenure of any tenant, the rent payable by him or any other matter to be recorded in the khatauni, in accordance with the provisions of this act and the terms of the lease, if any, so far as they are consistent with such provisions and iii those relating to boundaries, on the basis of the survey map, and in case one was not prepared or is not available, on the basis of actual possession.

section 143. of the ajmer tenancy and land records act : 1 for such period and to such extent as he deems fit, the chief commissioner may empower the record officer or the rentrate officer i to perform the duties and exercise the powers of a collector under part i of this chapter and ii to commute, abate, enhance and determine rents in accordance with the provisions of part iii of this chapter in any area to which such part has been applied. 2 an assistant record officer shall exercise such powers of the record officer or any other revenue court as the chief commissioner may, by order in writing, specify, and shall submit the record of cases decided by him to the record officer for confirmation.

section 138. of the ajmer tenancy and land records act : 1 contested cases relating to entries in the annual registers and to boundary disputes shall be heard and decided by the subdivisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. 2 uncontested cases shall be disposed of by the tahsildar.

section 140. of the ajmer tenancy and land records act : subject to the provisions of section 139, the decision given under subsection 1 of section 138 shall be binding on the parties to the dispute and an entry made in the khewat or khatauni under the order of the subdivisional officer or the collector in a contested case shall be presumed to be correct until the contrary is proved.

section 139. of the ajmer tenancy and land records act : no entry made or order passed under section 138, relating to entries in the khewat, or to boundary disputes, shall debar any person from establishing his right to any property in a court of competent jurisdiction.

section 141. of the ajmer tenancy and land records act : the collector may appoint one or more lambardars or patels in a village, mahal or thok and may suspend, remove or dismiss them.

section 142. of the ajmer tenancy and land records act : 1 the central government may, by notification in the official gazette, order that in any estate mentioned in the second schedule or group of such estates or in any other area of the state, a preparation or revision of the recordofrights or survey or resurvey, or the determination of rentrates for any class or classes of soils, or some or all of these operations be taken in hand, whether by revision of the most recent records and rentrates or otherwise, and may appoint an officer as a record officer or rentrate officer to be in charge of record or rentrate operations, as the case may be, and as many assistant record officers as it deems fit. 2 from the date of the notification every such estate or group of estates or other area shall be held to be under record, or rentrate operations or both, as the case may be, until the issue of another notification, declaring such operations to be closed therein.

section 144. of the ajmer tenancy and land records act : the sanctioned rates shall be the rates determined under this part: provided that if in any part of the state such rates have not been determined, a revenue court requiring the use of such rates, otherwise than for deciding abatement, enhancement or commutation of rent cases, shall in the manner prescribed work out appropriate rates after making local inspection and considering the rent generally payable by tenants of the same class for land of the same class in the vicinity, and the rates so worked out shall be deemed to be the sanctioned rates.

section 151. of the ajmer tenancy and land records act : 1 where an occupancy, an exproprietary or a hereditary tenant has heretofore paid his rent by bighori or batai, or partly by bighori and partly by batai, he may apply for the commutation of such rent to a fixed money rent: provided that in an area where rents are paid by bighori for some crops and by batai for others, the tenant may elect to have that portion of the rent which is payable by batai alone commuted into bighori on the basis of sanctioned rates appropriate to him, and in such case the court shall commute that portion which is payable by batai by fixing a rate of rent per bigha for batai crops grown on the holding.

section 145. of the ajmer tenancy and land records act : when rentrates are determined for any area, they shall not, unless the central government otherwise directs, be determined again until a period of not less than twenty years has elapsed.

section 146. of the ajmer tenancy and land records act : 1 if, any estate or group of estates or any other area for which rentrates in money are to be determined, has not been divided into assessment circles, or, if classification of the soil thereof has not been made, or if the central government orders a revision of the existing circles or soil classification or both, the rentrate officer shall make circles and classify she soils, and shall propose rentrates for each class of soil in each circle. 2 if such estate, group of estates or area has previously been divided into assessment circles, the rentrate officer shall propose separate rates for each circle, and for each separate class of soil previously demarcated therein, unless, by order of the central government, the circles or the classification of soils, or both are revised by him.

section 148. of the ajmer tenancy and land records act : the rentrate officer shall propose rates for the commutation of a rent paid by batai, or partly by batai and partly by bighori, into fixed money rent and b rent paid by batai into bighori at current rates.

section 147. of the ajmer tenancy and land records act : 1 the rates proposed by the rentrate officer for hereditary tenants shall be based on genuine and stable rents paid by such tenants. 2 in proposing rates in accordance with subsection 1, the rentrate officer shall have regard to the provisions of sections 63 and 64 and shall, before framing his proposals, take into consideration a the value of the produce with a view to seeing that the valuation of the holdings of hereditary tenants at the proposed rates does not exceed onefifth of such value b the prices of agricultural produce prevailing in the main markets of the neighbourhood c the changes in the crops grown and in the amount of the produce d the rotation of crops and periods of rest which tenants usually allow to land e the average size of holdings in the circle and methods of cultivation f the results of cropcutting experiments in the local area for which rates are proposed and in the different parts of the state generally g the level of bighori rates, if payable in any particular area in respect of certain crops and h such other matters as generally affect rents payable by tenants. 3 in proposing rates for occupancy and exproprietary tenants, the rentrate officer shall have regard to the scale of rents prescribed for such tenants in relation to the scale of rent payable by hereditary tenants under sections 63 and 64. 4 the rentrate officer shall also record for each village whether the rates proposed by him are applicable without modification to the village as a whole or to a specified area or class of soil therein, and in case they require modification, the extent of such modification and, in their application to such village, area or class, the rates shall be deemed to be modified accordingly.

section 149. of the ajmer tenancy and land records act : 1 the rentrate officer shall publish, in such manner as may be prescribed, the proposals and records made by him under sections 147 and 148 and shall receive and consider any objection which may be made to him. 2 when such objections, if any, have been considered and disposed of, the rentrate officer shall submit the proposals and records made by him after such modification, if any, as he may deem fit, to the chief commissioner. 3 on receipt of the proposals, the chief commissioner may direct further inquiry into any of the matters contained therein and shall, if satisfied that such proposals have been rightly framed, submit them to the central government for acceptance. 4 the central government shall either sanction the proposed circles, soil classification, rates and other matters recorded under sections 147 and 148, or may, for reasons to be recorded, sanction them with such modification as it deems fit, and the rates so sanctioned shall be sanctioned rates.

section 150. of the ajmer tenancy and land records act : subject to the provisions of section 139, no suit shall be brought in any civil court in respect of any matter concerning the entries in, or preparation of, a recordofrights, the framing, publication, signing or attestation of such record or of any part of it, or the determination of rentrates under the provisions of this chapter.

section 155. of the ajmer tenancy and land records act : except as otherwise provided in subsection 3 of section 163, every order for abatement, enhancement, commutation or determination of rent shall take effect from the commencement of the agricultural year, next following the date of such order.

section 152. of the ajmer tenancy and land records act : where the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted under section 151, he may, subject to the provisions of clause ii of section 161, apply that the rent of such holding be declared as payable by batai in accordance with the provisions of sections 63 and 64, or, if before commutation it was payable partly by bighori and partly by batai, in the manner it was payable before such commutation, and the court shall make such declaration.

section 157. of the ajmer tenancy and land records act : when a tenant is ejected under an order of a court from a part only of his holding which is assessed to fixed money rent, or being entitled to surrender a part of such holding legally surrenders such part, either he or his landholder may apply for the determinations of the rent of the remainder.

section 158. of the ajmer tenancy and land records act : subject to the provisions of sections 160 and 163, when rent is to be determined or commuted into fixed money rent, or the fixed money rent or the bighori determined under section 151 is to be abated or enhanced, the court shall calculate the rent a in the case of hereditary tenants, in accordance with the rates sanctioned for hereditary tenants and b in case of occupancy and exproprietary tenants, in accordance with rates which shall conform to the scale prescribed for such tenants in relation to hereditary tenants under the provisions of sections 63 and 64: provided that, for special reasons to be recorded, the court may modify the sanctioned rates applicable to any particular case, and it shall modify such rates if it finds that, as a result of their application, the rent arrived at on commutation, abatement, enhancement or determination, as the case may be, is substantially different from the money value of the rent payable by the same class of tenants under the provisions of sections 63 and 64.

section 159. of the ajmer tenancy and land records act : for the purposes of sections 153, 154 and 158 a difference of ten per cent. or more shall be deemed to be substantial.

section 153. of the ajmer tenancy and land records act : the fixed money rent or the bighori, determined under section 151, of an occupancy, an exproprietary of a hereditary tenant shall be liable to abatement on one or more of the following grounds: a that the rent payable by the tenant is substantially greater than the rent calculated at the sanctioned rates appropriate to him or b that the productive power of the land held by the tenant has decreased by any cause beyond the control of the tenant during the currency of the present rent or c in case of fixed money rent, that the area of his holding has been decreased by diluvion, or by the taking up of land for a public purpose, or for a work of public utility.

section 154. of the ajmer tenancy and land records act : the fixed money rent of the bighori, determined under section 151, of an occupancy, an exproprietary or a hereditary tenant, shall be liable to enhancement on one or more of the following grounds: a that the rent payable by the tenant is substantially less than the rent calculated at the sanctioned rates appropriate to him or b that the productive power of the land held by the tenant has increased by an improvement effected by, or at the expense of, the land holder, other than a work in respect of which irrigation dues are payable under section 87 or which is carried out under the scheme sanctioned by the central government under section 5 of the delhi and ajmermerwars land development act, lxvi of or c in case of fixed money rent, that the area of the holding has been increased by alluvion.

section 162. of the ajmer tenancy and land records act : 1 save as provided in subsections 2 and 3, all applications for commutation, abatement, enhancement or determination of rent shall be made to, and heard and decided by, the subdivisional officer who shall submit the record of the case for confirmation of the order passed by him to the collector. 2 when any area is under rentrate operations, or when rentrates have been determined under this act for any area, or accepted under the proviso to section 124 and such area is placed under record operations, all such applications relating to such area shall be filed in the court of the rentrate officer or the record officer, as the case may be. 3 if such application is heard and decided by the rentrate officer or the record officer, the record of the case shall be submitted for the confirmation of the order passed by him to the chief commissioner.

section 156. of the ajmer tenancy and land records act : 1 an application for commutation, abatement or enhancement of rent may be made against, or by, any number of tenants collectively: provided that all such tenants are tenants of the same landholder, and all the holdings in respect of which the application is made are situated in the same village. 2 no order shall be passed in any such proceeding affecting the interest of any person, unless the court is satisfied that he has had an opportunity of being heard. 3 the order shall specify the extent to which each of the holdings is affected thereby.

section 164. of the ajmer tenancy and land records act : 1 on the occurrence of an agricultural calamity, affecting the crops of any village or area, the central government or any authority empowered by it in this behalf, may remit or suspend for any period the whole or any portion of the rent payable by a tenant in respect of any holding affected by such calamity. 2 when the central government or such authority remits or suspends rent, it shall remit or suspend for a like period the whole or portion of tie revenue assessed on such village or area.

section 160. of the ajmer tenancy and land records act : 1 in any proceedings for abatement of fixed money rent on the ground that the area of the holding has decreased by diluvion or by the taking up of land for a public purpose or for a work of public utility, or under the provisions of section 37, or for enhancement on the ground that the area of the holding has increased by alluvion, the court shall abate or enhance the rent with reference to the existing rent and the decrease or increase in the area of the holding. 2 in any proceedings for enhancement of fixed money rent or the bighori determined under section 151 on the ground that the productive power of the holding has increased by an improvement effected by, or at the expense of, the landholder or for abatement of rent on the ground that such power has decreased by any cause beyond the control of the tenant, the court shall enhance or abate the rent with reference to the existing rent and the increase or decrease of the productive power. 3 in an application for the determination of the fixed money rent of a portion of a holding under section 157, the court shall determine the rent with reference to the rent payable before ejectment or surrender and the loss of area due to such ejectment or surrender.

section 161. of the ajmer tenancy and land records act : save as provided in section 163, when the rent of an occupancy, an exproprietary or a hereditary tenant has been commuted, abated or enhanced in accordance with the provisions of this act, it shall not be liable to be commuted, abated or enhanced unless i in case of abatement or enhancement of rent a the revenue payable by the landlord has been revised or b there has occurred a decrease or increase in the productive power or the area of the land held by the tenant, as provided in clauses b and c of sections 153 and 154 or c the sanctioned rates have been altered and ii in case of commutation of rent, a period of three years, or such longer period as may have been extended under section 83, has elapsed since the date of the last commutation order.

section 166. of the ajmer tenancy and land records act : when the payment of rent has been suspended in accordance with the provisions of section 164, the period during which the suspension continues shall be excluded in computing the period of limitation under this act for the recovery of such rent.

section 168. of the ajmer tenancy and land records act : except as provided in this act, an order for revision, remission or suspension of rent or revenue passed under this chapter shall not be called in question in any court.

section 163. of the ajmer tenancy and land records act : 1 notwithstanding anything in this act or in any other law for the time being in force, when the central government is satisfied that an emergency has arisen in any area, it may appoint to such area an officer of the grade of an assistant commissioner and invest him with all or any of the following powers: a the powers of a rentrate officer and a record officer b if sanctioned rates have not been determined or have not been accepted under the proviso to section 124 for such area, powers to commute, abate, enhance or determine rents summarily otherwise than in accordance with such rates and c powers to revise revenue assessed on any estate, mahal, village or thok in which rents have been commuted, abated, enhanced or determined under this chapter. 2 if, as a result of any order passed by the officer appointed under subsection 1, the assets of any estate or area are increased or decreased, such officer shall increase or decrease, as the case may be, the revenue of such estate, village, mahal or thok in the proportion which such increased or decreased assets bear to the assets before such increase or decrease. 3 every order passed by such officer in exercise of the powers conferred on him under subsection 1 shall be submitted for confirmation to the collector or such other officer as the chief commissioner may, by order, specify and shall take effect from such date as the officer passing it or the confirming court may direct.

section 169. of the ajmer tenancy and land records act : a case which is cognizable by a revenue court under this act shall be heard and decided by such court, and no court other than a revenue court shall, except as provided in this act, hear or decide any such case, or any suit or application based on a cause of action in respect of which relief could be obtained in a revenue court. explanation.if the cause of action is one in respect of which relief might be granted by the revenue court, it is immaterial that the relief asked for from the civil court is different from, greater than, or additional to, that which the revenue court could have granted.

section 165. of the ajmer tenancy and land records act : no landholder shall collect, under the provisions of this act or otherwise, any rent the payment of which has been remitted or, during the period of suspension, any rent the payment of which has been suspended under section 164.

section 167. of the ajmer tenancy and land records act : 1 if it appears to a court passing a decree for arrears of rent that the area of the holding was so decreased by diluvion or otherwise, or that the produce thereof was so diminished by drought, hail, pests, deposit of sand or other like calamity during the period for which the arrears are claimed, or that the full amount of rent payable by the tenant for that period cannot be equitably decreed, it may, with the sanction of the collector, allow such remission from the rent payable by the tenant for that period as it deems fit. 2 the court allowing such remission shall submit the record of the case for confirmation of the order passed by it to the collector. 3 no remission made under this section shall be deemed to vary the rent payable by the tenant otherwise than for the period in respect of which such remission was made. 4 when remission of rent is granted in accordance with the provisions of this section, the collector shall, on the application of the landlord, grant a remission of revenue in proportion to the rent remitted for the corresponding area belonging to the same landlord.

section 177. of the ajmer tenancy and land records act : 1 the collector may place any assistant commissioner in charge of a subdivision and may remove him therefrom. 2 the assistant commissioner so placed in charge shall be sailed a subdivisional officer and shall, subject to the control of the collector, exercise all the powers conferred, and discharge all the duties imposed, upon the subdivisional officer by this act, or any rules made thereunder.

section 171. of the ajmer tenancy and land records act : sections 4, 5 and 12, subsection 2 of section 14 and subsections 1 and 2 of section 17 of the indian limitation act, , shall apply, mutatis mutandis, to applications and other proceedings under this act.

section 170. of the ajmer tenancy and land records act : the chief commissioner may frame rules for regulating the procedure of revenue courts and may, in doing so, extend or apply any provisions of the code of civil procedure, v of , with or without modification: provided that until such rules are framed and, subject to them when framed, the provisions of the code of civil procedure, act 5 of , shall, except when they are inconsistent with anything in this act, or relate to special suits or proceedings outside the scope of this act, apply, in so far as they are applicable, to proceedings under this act.

section 172. of the ajmer tenancy and land records act : except as provided in section 171, no application under this act shall, if the period for filing it is specified therein, be filed after the expiry of such period.

section 175. of the ajmer tenancy and land records act : 1 a revenue court mentioned in subclause i, ii or iii of clause 35 of section 4 and, subject to the orders of the collector, a revenue court mentioned in subclause v of the said clause may hear and dispose of cases at any place within the state. 2 a subdivisional officer may hold his court at any place within his subdivision or, with the sanction of the collector, in any other part of the state. 3 a tahsildar or a naibtahsildar may hold his court at any place within his tahsil. 4 a revenue court, mentioned in clause a or b of section 180, may sit in any part of the state specified by the collector.

section 174. of the ajmer tenancy and land records act : 1 all revenue courts in the state shall be subordinate to the chief commissioner. 2 all revenue courts specified in subclauses iv to viii of clause 35 of section 4 shall be subordinate to the collector, and the revenue courts specified in subclauses vi to viii of the said clause shall be subordinate to the subdivisional officer of the area within which they exercise jurisdiction. 3 an assistant record officer shall be subordinate to the record officer.

section 176. of the ajmer tenancy and land records act : the chief commissioner may, by notification in the official gazette, confer on an assistant commissioner or a subdivisional officer all or any of the powers of a collector under this act to be exercised in respect of such cases or class of cases or such other matters as may be specified in such notification.

section 173. of the ajmer tenancy and land records act : 1 no courtfee shall be payable when the first application is filed by a party to any proceeding under this act. 2 any second or subsequent application made in the course of the same proceeding shall bear a courtfee stamp of four annas only: provided that when, under this act, any sum is collected by a revenue court as arrears of revenue or as sayar on behalf of an applicant or a party to a proceeding, or when the amount of a decree is paid into court under section 98, such court shall, notwithstanding anything in this act, before making payment to the person entitled, deduct seven and a half per cent. of the amount so collected or paid into court as courtfee and pay the balance to such person: provided further that if in any case, after issues have been framed and any evidence has been recorded, the first application is dismissed or withdrawn, the trial court or the confirming court, as the case may be, shall assess the amount of the courtfee which, but for the provisions of subsections 1 and 2, the applicant would have been liable to pay under the courtfees act, 7 of , as applied to the state, deduct the amount, if any, paid as courtfee under subsection 2 and recover the balance as arrears of revenue.

section 180. of the ajmer tenancy and land records act : the chief commissioner may a create an honorary court and invest it with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this act b establish a punchayat in any village or group of villages of the state, and invest such punchayat with powers to hear and dispose of cases which a tahsildar may hear and dispose of under the provisions of this act, and to perform such other duties as may be prescribed c sanction the creation of a shamlat committee in any village or town which has at least three hundred acres of stable land as shamlat deh and d define the jurisdiction of the courts created or established under clause a or b of this section and provide for submission of the cases decided by them for confirmation to courts specified by him: provided that no court so created or established under clause a or b shall hear or decide a case if such court or a member thereof is interested in the result of such case: provided further that if, at the commencement of this act, there exists a shamlat committee in any village or town to which the provisions of clause c apply, the chief commissioner may recognise such committee as one created under this section.

section 178. of the ajmer tenancy and land records act : the collector may, by order in writing, empower a an assistant commissioner to entertain and decide applications, and to receive and dispose of cases submitted for confirmation of a decree or an order passed by a tahsildar, which a subdivisional officer is empowered under this act to entertain, decide, receive or dispose of and b a naibtahsildar of not less than three years standing, to entertain and dispose of such applications as a tahsildar is empowered under this act to entertain and dispose of.

section 179. of the ajmer tenancy and land records act : any revenue court may refer any case which it is empowered to dispose of to any revenue court subordinate to it for investigation and report.

section 181. of the ajmer tenancy and land records act : subject to the provisions of sections 185, 186 and 187, a decree or an order which is not required by this act to be submitted to a confirming court shall be final.

section 188. of the ajmer tenancy and land records act : the collector may, on the application of a party, transfer an application pending before a subordinate revenue court or a case submitted to such court for confirmation of a decree or an order from such court to any other court of competent jurisdiction: provided that if the collector refuses to transfer such application or case, he shall submit the record for confirmation of the order passed by him to the chief commissioner.

section 182. of the ajmer tenancy and land records act : when, under the provisions of this act, a revenue court is required to submit the record of a case to a confirming court, it shall not comply with such provisions i unless any of the parties to such case has, within seven days of the decree or the order passed therein, made an application bearing a courtfee stamp of the value of two rupees and eight annas to such revenue court, requesting that the record be submitted for confirmation or ii if such decree or order is passed on the admission of a party to the case, or in terms of a compromise or is based on the award of an arbitrator appointed by the parties or iii if the parties to the case apply in writing that they accept the decree or order as final: provided that if any party challenges a decree or an order mentioned in clause ii on the ground that it does not conform to the compromise or the award, or that it goes beyond it, such court shall, on the application of such party, submit the record to the confirming court.

section 183. of the ajmer tenancy and land records act : 1 an order submitted for confirmation shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. 2 a decree submitted for confirmation shall conform to the order passed and shall be prepared only in cases and in the form prescribed.

section 184. of the ajmer tenancy and land records act : when the record of a case is received by a confirming court and the provisions of the section under which such, record is submitted do not specify the manner of confirmation, such court shall i call upon each of the parties to file, if he wishes to do so, a written statement setting forth, concisely and under distinct heads, the grounds of objection to the decree or order, numbered consecutively without any argument or narrative ii treat the written statement of the party against whom the decision was given by the trial court as memorandum of appeal, and that presented by the other party as memorandum of crossobjection and iii after hearing the parties or such of them as appear before him, pass an order which a court of appeal may pass under the provisions of order 41 of the code of civil procedure, 5 of : provided that no such written statement shall be entertained on behalf of a party who has not applied for submission of the record under clause i of section 182, unless it bears a courtfee stamp of the value of rupees two and annas eight.

section 185. of the ajmer tenancy and land records act : the chief commissioner may, on his own motion, or on the application of a party, review any decree or order passed by him and may rescind, vary or confirm it.

section 191. of the ajmer tenancy and land records act : a record officer may transfer any case or class of cases pending before him to any assistant record officer, and may withdraw any case or class of cases from an assistant record officer and try such case or class of cases himself or transfer the same to any other assistant record officer: provided that if the record officer himself tries any case so withdrawn, he shall submit the record for confirmation of the order passed by him in such case to the chief commissioner.

section 192. of the ajmer tenancy and land records act : a district judge may, with the previous sanction of the judicial commissioner, transfer any case submitted to him for confirmation of an order or a decree to an additional district judge or to a subordinate judge, and such additional district judge or subordinate judge shall dispose of such case as if he had the powers of a district judge under this act.

section 187. of the ajmer tenancy and land records act : 1 the chief commissioner or, in respect of a decree or an order passed by a civil court, the judicial commissioner may, on the application of a party, call for the record of any case which is decided by a court subordinate to him and if such subordinate court appears a to have exercised a jurisdiction not vested in it by law, or b to have failed to exercise a jurisdiction so vested, or c to have acted in the exercise of its jurisdiction illegally or with material irregularity, he may make such order as he thinks fit. 2 an application for revision shall be made within three months of the passing of an order or a decree sought to be revised.

section 186. of the ajmer tenancy and land records act : every other revenue court may review its judgment, order or decree to correct clerical or arithmetical errors, or errors arising therein from any accidental slip or omission: provided that no application for review shall be entertained a after the record has been submitted to a confirming court or b if such application cannot be disposed of without recording further evidence.

section 189. of the ajmer tenancy and land records act : the collector may a transfer any case submitted to him or to any subordinate court for confirmation of a decree or an order to any subordinate court of competent jurisdiction or b by order recall to his own court any case pending for confirmation in a subordinate court or c withdraw from any court subordinate to him any case other than a case which is submitted to such court for confirmation, and try such case himself or transfer it to any other subordinate court of competent jurisdiction: provided that if the collector himself hears and decides any case withdrawn under clause c he shall submit the record for confirmation of the order passed by him in such case to the chief commissioner.

section 193. of the ajmer tenancy and land records act : 1 if, in connection with any action taken by a landlord under clause iii of section 9, a dispute arises between him and any other person who claims to have a proprietary interest in the land in respect of which such action is taken, either party may apply to the collector for the decision of such dispute. 2 on the receipt of such application, the collector shall follow the procedure specified in section 38 and the provisions of that section shall, mutatis mutandis, apply to the case. 3 if, in consequence of the order passed by the collector, any loss results to a tenant or to any other person having an interest in the land to which such order relates, the collector shall, before submitting the record of the case to the confirming court, award monetary compensation to such tenant or other person. 4 any compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled.

section 190. of the ajmer tenancy and land records act : a subdivisional officer may, with the previous sanction of the collector, transfer any case or class of cases pending before him to any assistant commissioner competent to try such case or class of cases.

section 194. of the ajmer tenancy and land records act : 1 except as otherwise provided in sections 38 and 193, if in any proceeding, other than a proceeding under section 137, a question of proprietary right is raised and such question has net previously been determined by a court of competent jurisdiction, the revenue court shall frame an issue on the question of proprietary right, and submit the record to, the competent civil court for the decision of that issue only. explanation i.a plea of proprietary right which is clearly untenable and intended to oust the jurisdiction of the revenue court shall not be deemed to raise a question of proprietary right within the meaning of this section. explanation ii.a question of proprietary right does not include the question whether land is khudkasht or niji jot. 2 the civil court, after refraining the issue, if necessary, shall decide such issue and return the record together with its finding thereon to the revenue court which submitted it. 3 the revenue court shall then proceed to decide the case, accepting such finding and shall, notwithstanding anything in this act, submit the record to the district judge for confirmation of the order or the decree passed by it.

section 200. of the ajmer tenancy and land records act : a revenue court may allow and apportion the costs of any proceeding under this act in any manner it thinks fit, but if it orders that costs shall not follow the event, it shall record its reasons for the order.

section 195. of the ajmer tenancy and land records act : 1 if in any suit relating to agricultural land instituted in a civil court, any question regarding tenancy right arises and such question has not been previously determined by a court of competent jurisdiction, the civil court shall frame an issue on the plea of tenancy and submit the record to the subdivisional officer for decision of that issue only. explanation.a plea of tenancy which is clearly untenable and intended only to oust the jurisdiction of the civil court shall not be deemed to raise a plea of tenancy. 2 the subdivisional officer, after refraining the issue, if necessary, shall decide such issue and return the record together with his finding thereon to the civil court which submitted it. 3 the civil court shall then proceed to decide the suit, accepting the finding of the revenue court on the issue referred to it. 4 the finding of the revenue court on such issue shall, for the purposes of appeal, be deemed to be part of the finding of the civil court.

section 196. of the ajmer tenancy and land records act : 1 where either a civil or a revenue court is in doubt whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the judicial commissioner: provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector. 2 on any such reference being made, the judicial commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it.

section 198. of the ajmer tenancy and land records act : a legal practitioner shall be entitled to appear in any proceeding on behalf of a party before a revenue court under the provisions of this act in the following cases only and in no others i to file a written statement, and to argue a case, before a confirming court, ii to prosecute and defend cases under chapters ix and x and part iii of chapter xii, and iii to file an application for revision under section 187 and to argue the case before the court hearing such application.

section 197. of the ajmer tenancy and land records act : 1 if, in the course of any proceeding under this act, it is proved by affidavit or otherwise a that any property, tree or crop standing on the land to which such proceeding relates is in danger of being wasted, damaged or alienated by any party to such proceeding, or b that any party to such proceeding threatens, or intends, to remove or dispose of the said property, tree or crop to defeat the ends of justice, the revenue court before which any such proceeding is pending may grant a temporary injunction and, if necessary, appoint a receiver. 2 any person against whom an injunction has been granted under subsection 1 may offer to give cash security of an amount determined by the court to compensate the other party in case the matter in dispute is decided against such person, and the court may withdraw the injunction on his depositing such security.

section 199. of the ajmer tenancy and land records act : a party to a proceeding or his authorised agent may appear, plead or act before a revenue court.

section 205. of the ajmer tenancy and land records act : 1 after the commencement of this act, no court shall entertain any proceeding for the establishment or enforcement of a claim, prohibited by, or inconsistent with, the provisions of this act, whether such claim arose before or after such commencement. 2 a proceeding, in respect of any matter covered by this act, pending in any civil or revenue court at the commencement of this act shall, notwithstanding anything contained in section 169, be heard and decided by such court in accordance with the corresponding provisions of this act, and if there is no such corresponding provision, it shall be quashed. 3 notwithstanding anything contained in this act, the record of every case in which the proceeding is so quashed shall be submitted for confirmation in accordance with the provisions of section 183 by the court quashing the proceeding to the court to which it is immediately subordinate and the court to which the record is so submitted shall follow the procedure specified in section 184.

section 204. of the ajmer tenancy and land records act : 1 if, between the first day of june, and the commencement of this act, the landlord of an estate mentioned in the second schedule had ejected a tenant from his holding, otherwise than in accordance with the ajmere land and revenue regulation, 2 of , such tenant may, within 1nine months of such commencement, apply to the tahsildar to be reinstated in such holding. 2 an application under this section shall state i the khasra number and area or other description of such holding and the name and address of the person who is in possession thereof ii if such holding is held by a tenant, the khasra, number and area of other land in the possession of the landlord which may be given to the applicant in lieu of the holding from which he was so ejected and iii such other particulars as may be prescribed. 3 the tahsildar shall, after hearing the parties and making such other inquiry as he deems fit, order i if such holding is in the possession of the landlord, that the applicant be reinstated in such holding and ii if such holding is held by a tenant, that an area of the land mentioned in clause ii of subsection 2 or any other land in the possession of the landlord which is approximately equal in value to the holding from which the applicant was so ejected be allotted to him and demarcated on the spot. 4 if the applicant cannot be reinstated in his holding under clause i, or allotted other land under clause ii of subsection 3, the tahsildar shall award to the applicant monetary compensation which shall be six times the annual rental value of the holding from which he was so ejected calculated at sanctioned rates applicable to hereditary tenants, recover the amount of such compensation as arrears of revenue and pay it to him. 5 no person shall be reinstated in his holding under this section unless, within such time as may be allowed by the tahsildar, he pays to the landlord compensation, calculated in accordance with the provisions of this act, for any improvement on such holding made by such landlord. 6 the applicant shall be a hereditary tenant of the land in which he is reinstated or which is allotted to him under this section. 7 the tahsildar shall, after deciding the case, submit the record for confirmation of the order passed by him to the subdivisional officer. 1. subs. by s. 3, ibid., for three months w.e.f. .

section 203. of the ajmer tenancy and land records act : 1 the chief commissioner may make rules for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a for demarcation of pasture land and niji jot b for the attestation of leases and agreements c for the collection and disbursement of cesses, or assessment and recovery of irrigation dues, and for decision of disputes in respect of them d for the training of patwaris and girdawars e regulating the appointment and transfer of girdawars and patwaris, and other staff required for the maintenance of the recordofrights, their salaries, qualifications, duties, leave, removal, dismissal or any other punishment f prescribing the form, contents, method of preparation, attestation and maintenance of the recordofrights, annual registers, maps, fieldbooks, and other records to be kept under this act g for the erection of boundary and survey marks, and for their repairs and renewals, and for the recovery of costs in respect of such erection, repairs or renewals h for providing the principles on which the part of the holding from which a tenant is to be ejected be determined and for the demarcation of such part i for recording transfers and changes affecting interest in land, whether proprietary or otherwise j regulating the imposition of fines for failure to notify succession or transfer k for the appointment of lambardars and patels, the duties to be performed by them, the remuneration, if any, to be paid to them and for their removal and dismissal l for appeals or other modes of obtaining redress in cases of punishments inflicted on girdawars, patwaris, and other employees of land records establishment, and on lambardars and patels m for the guidance of officers in cases for the determination, enhancement, abatement and commutation of rent n for the guidance of record officers and rentrate officers o for the remission and suspension of rent and revenue in agricultural calamities p defining the powers of various classes of officers and revenue courts to hear and dispose of cases q for the establishment of honorary courts and village punchayats and for regulating their work and r for collection of fines, compensation, damages or other sums imposed, awarded or ordered to be paid under the provisions of this act and the rules made thereunder. 1s for the levy of a fee in respect of any application or the grant of any relief under this act in cases not specifically provided for. 3 in making any rule the chief commissioner may provide that any contravention of such rule shall be punishable with a fine not exceeding fifty rupees. 4 all rules made under this act shall be published in the official gazette and shall also be laid before parliament, as soon as may be, after such publication. 1. ins. by act 63 of , s. 2 w.e.f. .

section 202. of the ajmer tenancy and land records act : 1 a summons issued by a court acting under this act shall, if practicable, be served a personally on the person to whom it is addressed, or failing him on b his authorised agent or c an adult male member of his family who is residing with him. 2 if service cannot be so made, or if any person mentioned in subsection 1 refuses to accept service, the summons may be served by posting a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the tahsil in which such court is held, and the case to which the summons relates has reference to land in that tahsil, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situated. 3 if the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the court so directs, be served by delivery of a copy thereof to such of those persons as the court nominates in this behalf and by proclamation or publication in a local paper of the contents thereof for the information of the other persons interested in such case. 4 a summons may, if the court so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to such person under a certificate of posting. 5 when a summons is served in accordance with the provisions of this section, it shall be deemed to have been duly served. 6 for the purposes of this section summons shall include a notice which a court may issue under this act.

section 201. of the ajmer tenancy and land records act : 1 a revenue court may summon any person whose attendance it considers necessary for the purpose of disposing of any proceeding before it. 2 unless exempted from personal appearance in court under subsection 1 of section 133 of the code of civil procedure, act 5 of , a person so summoned shall appear at the time and place mentioned in the summons in person or, if the summons so allows, by his authorised agent. 3 the person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes a statement, and to produce such document and other thing relating to any matter which may be within his power or possession as the court may require.

section 8. of the tobacco duty town of bombay act : the foregoing provisions of this act shall not be applicable to such small quantities of tobacco not exceeding in weight four seers of eighty tolas to the seer as are intended for the private consumption of the importer.

section 7. landing places to be prescribed. of the tobacco duty town of bombay act : it shall not be lawful, without the permission of the commissioner of customs, salt, and opium, or other officer empowered by government to grant such permission, to bring any tobacco or any preparation thereof into bombay otherwise than by sea, nor to land the same at any other landing places than such as may from time to time be prescribed by the government of bombay.

section 1. of the tobacco duty town of bombay act : chapters v, vi, vii and viii of regulation xxi. of the bombay code, and act xxiv of , are hereby repealed, but not so as to revive any other regulation or act thereby repealed.

section 2. of the tobacco duty town of bombay act : all tobacco except such small quantities as are hereinafter mentioned imported from any place into the town of bombay and intended for consumption therein shall be liable to a duty of seven rupees and eight annas per maund of forty seers of eighty tolas to the seer, which duty is hereinafter called the municipal duty and such duty shall be leviable in addition to any customs duty prescribed by law.

section 9. proviso. of the tobacco duty town of bombay act : it shall not be lawful to remove any tobacco from one place to another within the said town, not to carry or convey the same on any thoroughfare in the said town, not to carry the same in any vessel or boat of less than forty candies burthen in any of the creeks or waters adjacent to the said town, without a permit from the commissioner of customs salt and opium, which permit shall be in the form of schedule a to this act annexed, or to the like effect :any such permit shall be in force only between sunrise and sunset of the day for which it is granted. provided always, that it shall be lawful to convey without a permit any tobacco so far as may be necessary for the lawful importation thereof according to the provisions of this act, and also small quantities of tobacco, not exceeding in weight four seers of eighty tolas to the ser, for personal or domestic use.

section 4. of the tobacco duty town of bombay act : if the said municipal duty is not paid on importation, the tobacco shall be warehoused in a public of licensed warehouse within the meaning of act xxv of and the importer shall pay such duty on the said tobacco on its removal from the warehouse for consumption in the said town. when tobacco so warehoused is reexported to any place beyond the limits of the said town, the whole of the said municipal duty shall be remitted.

section 11. of the tobacco duty town of bombay act : it shall not be lawful for any person to sell or offer for sale by retail any tobacco in the said town without a license from the commissioner of customs, salt and opium or other officer duly empowered by government in that behalf, which license shall be in force for a period of twelve calendar months from the date thereof, unless the person to whom the license is granted shall be deprived thereof under the provisions of this act. a fee of one rupee shall be paid for every such license.

section 12. of the tobacco duty town of bombay act : any sale of tobacco not exceeding in weight fourteen seers of eighty tolas to the seer shall be deemed to be a retail sale within the meaning of this act.

section 5. of the tobacco duty town of bombay act : the port of bombay shall, after the passing of this act, be held to be a warehousing port within the meaning of act. xxv of , so far as regards the warehousing of tobacco and the provisions of the said act, so far as the same are applicable, shall be applied to the warehousing of tobacco in the said town. the import duty in the said act mentioned shall, as to tobacco, include the municipal duty leviable under this act.

section 14. of the tobacco duty town of bombay act : every retail dealer in tobacco shall, on or before the tenth day a of each month, make to the commissioner of customs, salt, and opium, or other officers as aforesaid, a separate return for each shop or place of sale for which he holds a license, showing the quantity of tobacco on hand therein at the beginning of the preceding month, the quantity received during such month, and the persons from whom, and the dates on which, he received it, and the stock remaining at the close of such month and any retail dealer who refuses or neglects to make such return, or makes a false return, shall be liable be deprived of his license by the said commissioner or other officer aforesaid, and to pay a fine not exceeding two hundred rupees.

section 3. of the tobacco duty town of bombay act : the said municipal duty may be paid at the option of the importer, either on the importation of the tobacco, or after it has been warehoused as hereinafter provided.

section 6. of the tobacco duty town of bombay act : the commissioner of customs, salt, and opium, and officers of customs, shall have all the same powers and authorities for collecting and enforcing payment of the said municipal duty in addition to the powers and authorities specified in this act, as they now have or shall have in respect of duties of customs.

section 15., of all tobacco received. of the tobacco duty town of bombay act : every retail dealer in tobacco shall, on the same day on which he shall receive any tobacco into any such shop or place of sale, enter in a book to be kept for that purpose, the weight of such tobacco, the day on which he receives the same, and the name of the person from whom, and the place from which, he receives it and such book shall be open to the inspection of the commissioner of customs, salt, and opium, or other officer as aforesaid, or of any person authorized by the commissioner or such officer to inspect the same and the commissioner or other officer or person as aforesaid inspecting the said book may make any minute therein, or any extract therefrom, which he shall think fit and any retail dealer who neglects or refuses to comply with the provisions of this section, shall for every offence be liable to be deprived of his license by the said commissioner or other officer as aforesaid, and to pay a fine not exceeding two hundred rupees.

section 16. of the tobacco duty town of bombay act : the commissioner of customs, salt, and opium, or other officer as aforesaid, may issue a warrant under his hand and seal to any public officer, commanding him to enter and search between sunrise and sunset any building or place to be specified in the warrant in which tobacco may be deposited under the provisions of this act, or in which the commissioner or other officers aforesaid has been credibly in formed, which information shall be taken down in writing that tobacco is deposited contrary to the provisions of this act, and to seize and take away from thence any tobacco or other articles subject to confiscation under this act.

section 10. proviso. of the tobacco duty town of bombay act : no permit shall be granted for the removal from warehouse of any quantity of tobacco less than an entire bale or package. provided that, when tobacco is to be removed for consumption in the said town, the commissioner of customs, salt and opium may give permission to open any bale or package previous to removal, and to set aside such portion thereof as may be refuse or waste and the said refuse or waste may be reexported, under the rules for the reexport of tobacco, at any time within one month from the date of such permission, or, if it be not so reexported, may be destroyed by order of the commissioner.

section 19. revocation of license. of the tobacco duty town of bombay act : any person, who shall illegally import, remove, or sell in the said town, any tobacco, or who shall knowingly have in his possession any tobacco subject to confiscation under this act, shall be liable to a fine not exceeding ten times the value of such tobacco and if the offender is a licensed retail dealer, he shall be liable to be deprived of his license by the commissioner of customs, salt, and opium, or other officer as aforesaid.

section 13. name of licensed dealer to be affixed to shop. of the tobacco duty town of bombay act : it shall not be lawful for any licensed retail dealer in tobacco to carry on the retail sale of the same, or to keep any store of the same, except at such shop or other premises as may be specified in his license and the name of every retail dealer in tobacco, together with the number of his license, shall be written or painted in english, guzerati, and maharatti, in plain and legible characters of not less than one inch in height, on a board to be affixed in a conspicuous manner in the front of the shop or premises where such retail sale is carried on.

section 18. mitigation of penalty. of the tobacco duty town of bombay act : all tobacco imported into the said town or removed from one place to another or kept within the said town, or found in the possession of any person in the said town selling or offering any portion thereof for sale, contrary to the provisions of this act, and every vessel in which such tobacco is contained, and every vehicle, boat, or animal employed with the consent and knowledge of the owner or his servant in conveying the sameshall be liable to confiscation. provided always, that it shall be lawful for the adjudicating officer to mitigate the penalty of confiscation herein provided, by commuting the same to the payment of any fine not exceeding the value of the goods liable to confiscation and every such fine may be enforced, if necessary, by the sale of the goods liable to confiscation.

section 21. of the tobacco duty town of bombay act : the following words and expressions in this act shall have the meanings hereby assigned to them, unless there be something in the context repugnant to such construction: the words town of bombay shall include all places within the islands of bombay and colaba. words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number. words importing the masculine gender shall include females.

section 17. to search vehicles, c., of the tobacco duty town of bombay act : the commissioner of customs, salt, and opium, or other officer as aforesaid, or any public officer authorized by the commissioner or such officer, may arrest and detain any person carrying or having charge of any tobacco liable to confiscation under this act, and may detain and search any vessel or package, and any boat or vehicle, containing or conveying, or supposed to contain or convey, any such tobacco.

section 20. of the tobacco duty town of bombay act : all confiscations and fines under this act may be adjudicate and levied by any magistrate of police for the town of bombay. goods adjudged liable to confiscation shall be sold under warrant of the magistrate.

section 8. of the indian wireless telegraphy act : all wireless telegraphy apparatus confiscated under the provisions of subsection 3 of section 6, and all wireless telegraphy apparatus having no ostensible owner shall be the property of the central government.

section 1. of the indian wireless telegraphy act : 1 this act may be called the indian wireless telegraphy act, . 12 it extends to the whole of india 2. 3 it shall come into force on such dates3 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 3, ibid., for certain words. 2. the words except the state of hyderabad, which had been added by the a.o. , omitted by act 3 of , s. 3 and the schedule. 3. 1st january, see gazette of india, , part i, p. .

section 7. of the indian wireless telegraphy act : 17. power of search.any officer specially empowered2 by the central government in this behalf may may search any building, vessel or place in which he has reason to believe that any wireless telegraphy apparatus, in respect of which an offence punishable under section 6 has been committed, is kept or concealed, and take possession thereof. 1. subs. by s. 5, ibid., for section 7. 2. for such notification see gazette of india, , pt. ii, sec. 3, p. .

section 2. of the indian wireless telegraphy act : in this act, unless there is anything repugnant in the subject or context, 51 wireless communication means any transmission, emission or reception of signs, signals, writing, images and sounds, or intelligence of any nature by means of electricity, magnetism, or radio waves or hertizian waves, without the use of wires or other continuous electrical conductors between the transmitting and the receiving apparatus explanation.radio waves or hertizian waves means electromagnetic waves of frequencies lower than 3,000 gigacyles per second propagated in space without artificial guide 2 wireless telegraphy apparatus means any apparatus, appliance, instrument or material used or capable of use in wireless communication, and includes any article determined by rule made under section 10 to be wireless telegraphy apparatus, but does not include any such apparatus, appliance, instrument or material commonly used for other electrical purposes, unless it has been specially designed or adapted for wireless communication or forms part of some apparatus, appliance, instrument or material specially so designed or adapted, nor any article determined by rule made under section 10 not to be wireless telegraphy apparatus 2 32a wireless transmitter means any apparatus, appliance, instrument or material used or capable of use for transmission or emission of wireless communication 3 prescribed means prescribed by rules made under section 10. 1. subs. by act 15 of , s. 4, for clause 1. 2. the word and omitted by act 31 of , s. 4. 3. subs. by act 15 of , s. 4, for clause 2a which was inserted by act 31 of , s. 4.

section 6. of the indian wireless telegraphy act : 1 whoever possesses any 1wireless telegraphy apparatus, other than a wireless transmitter, in contravention of the provisions of section 3 shall be punished, in the case of the first offence, with fine which may extend to one hundred rupees, and, in the case of a second or subsequent offence, with fine which may extend to two hundred and fifty rupees. 21a whoever possesses any wireless transmitter in contravention of the provisions of section 3 shall be be punished with imprisonment which may extend to three years, or with fine which may extend to one thousand rupees, or with both. 2 for the purposes of this section a court may presume that a person possesses wireless telegraphy apparatus if such apparatus is under his ostensible charge, or is located in any premises or place over which he has effective control. 3 if in the trial of an offence under this section the accused is convicted the court shall decide whether any apparatus in respect of which an offence has been committed should be confiscated, and, if it so decides, may order confiscation accordingly. 1. subs. by act 31 of , s. 5, for wireless telegraphy apparatus. 2. ins. by s. 6, ibid.

section 9.. of the indian wireless telegraphy act : power of court to direct payment of fines to prescribed authority ceased to have effect by the a.o. and rep. by the repealing and amending act, 32 of , s. 2 and sch. 1.

section 11. of the indian wireless telegraphy act : nothing in this act contained shall authorise the doing of anything prohibited under the indian telegraph act, 13 of , and no license issued under this act shall authorise any person to do anything for the doing of which a license or permission under the indian telegraph act , , is necessary.

section 4. of the indian wireless telegraphy act : show related subordinates the central government may by rules made under this act exempt any person or any class of persons from the provisions of this act either generally or subject to prescribed conditions, or in respect of specified wireless telegraphy apparatus.

section 3. of the indian wireless telegraphy act : save as provided by section 4, no person shall possess wireless telegraphy apparatus except under and in accordance with a license issued under this act.

section 5. of the indian wireless telegraphy act : the telegraph authority constituted under the indian telegraph act, 13 of , shall be the authority competent to issue licenses to possess wireless telegraphy apparatus under this act, and may issue licenses in such manner, on such conditions and subject to such payments as may be prescribed.

section 10. of the indian wireless telegraphy act : show related subordinates 1 the central government may, by notification in the official gazette, make rules1 for the purpose of carrying into effect the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for i determining that any article or class of article shall be or shall not be wireless telegraphy apparatus for the purposes of this act ii the exemption of persons or classes of persons under section 4 from the provisions of this act iii the manner of and the conditions governing the issue, renewal, suspension and cancellation of licenses, the form of licenses and the payments to be made for the issue and renewal of licenses iv the maintenance of records containing details of the acquisition and disposal by sale or otherwise of wireless telegraphy apparatus possessed by dealers in wireless telegraphy apparatus v the conditions governing the sale of wireless telegraphy apparatus b y dealers in the manufacturers of such apparatus. 2 3 3 in making a rule under this section the central government may direct that a breach of it shall be punishable with fine which may extend to one hundred rupees. 44 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 5in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. for the indian wireless telegraphy possession rules, , made under this section, see gazette of india, , pt. i, p. . 2. the word and rep. by act 32 of , s. 2 and schedule i. 3. clause vi rep.by s. 2 and schedule i, ibid. 4. ins. by act 15 of , s. 5. 5. subs. by act 4 of , s. 2 and schedule, for certain words w.e.f. .

section 1. of the national highways act : 1 this act may be called the national highways act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th april, , vide s.r.o. e, dated 4th april, , see gazette of india, , part ii, s. 3ii.

section 2. of the national highways act : 1 each of the highways specified in the schedule 1 is hereby declared to be a national highway. 2 the central government may, by notification in the official gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the schedule. 3 the central government may, by like notification, omit any highway from the schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway. 1. the words except such parts thereof as are situated within any municipal area omitted by act 16 of , s. 2 w.e.f. 24 .

section 3e. of the national highways act : 13e. power to take possession.1 where any land has vested in the central government under subsection 2 of section 3d, and the amount determined by the competent authority under section 3g with respect to such land has been deposited under subsection 1 of section 3h, with the competent authority by the central government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice. 2 if any person refuses or fails to comply with any direction made under subsection 1, the competent authority shall apply a in the case of any land situated in any area falling within the metropolitan area, to the commissioner of police b in case of any land situated in any area other than the area referred to in clause a, to the collector of a district, and such commissioner or collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3. of the national highways act : show related subordinates 13. definitions.in this act, unless the context otherwise requires, a competent authority means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority for such area as may be specified in the notification b land includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3a. of the national highways act : 13a. power to acquire land, etc.1 where the central government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the official gazette, declare its intention to acquire such land. 2 every notification under subsection 1 shall give a brief description of the land. 3 the competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3f. of the national highways act : 13f. right to enter into the land where land has vested in the central government.where the land has vested in the central government under section 3d, it shall be lawful for any person authorised by the central government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of a national highway or a part thereof, or any other work connected therewith. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3c. of the national highways act : 13c. hearing of objections.1 any person interested in the land may, within twentyone days from the date of publication of the notification under subsection 1 of section 3a, object to the use of the land for the purpose or purposes mentioned in that subsection. 2 every objection under subsection 1 shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections. explanation.for the purposes of this subsection, legal practitioner has the same meaning as in clause i of subsection 1 of section 2 of the advocates act, 25 of 1.961. 3 any order made by the competent authority under subsection 2 shall be final. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3d. of the national highways act : 13d. declaration of acquisition.1 where no objection under subsection 1 of section 3c has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under subsection 2 of that section, the competent authority shall, as soon as may be, submit a report accordingly to the central government and on receipt of such report, the central government shall declare, by notification in the official gazette, that the land should be acquired for the purpose or purposes mentioned in subsection 1 of section 3a. 2 on the publication of the declaration under subsection 1, the land shall vest absolutely in the central government free from all encumbrances. 3 where in respect of any land, a notification has been published under subsection 1 of section 3a for its acquisition but no declaration under subsection 1 has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under subsection 1 of section 3a is stayed by an order of a court shall be excluded. 4 a declaration made by the central government under subsection 1 shall not be called in question in any court or by any other authority. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3h. of the national highways act : show related subordinates 13h. deposit and payment of amount.1 the amount determined under section 3g shall be deposited by the central government in such manner asmay be laid down by rules made in this behalf by that government, with the competent authority before taking possession of the land. 2 as soon as may be after the amount has been deposited under subsection 1, the competent authority shall on behalf of the central government pay the amount to the person or persons entitled thereto. 3 where several persons claim to be interested in the amount deposited under subsection 1, the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. 4 if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. 5 where the amount determined under section 3g by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent, per annum on such excess amount from the date of taking possession under section 3d till the date of the actual deposit thereof. 6where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under subsection 5 shall be deposited by the central government in such manner as may be laid down by rules made in this behalf by that government, with the competent authority and the provisions of subsections 2 to 4 shall apply to such deposit. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3b. of the national highways act : 13b. power to enter for survey, etc.on the issue of a notification under subsection 1 of section 3a, it shall be lawful for any person, authorised by the central government in this behalf, to a make any inspection, survey, measurement, valuation or enquiry b take levels c dig or bore into subsoil d set out boundaries and intended lines of work e mark such levels, boundaries and lines placing marks and cutting trenches or f do such other acts or things as may be laid down by rules made in this behalf by that government. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3j. land acquisition act 1 of not to apply of the national highways act : 13j. land acquisition act 1 of not to apply.nothing in the land acquisition act, shall apply to an acquisition under this act. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3g. of the national highways act : show related subordinates 13g. determination of amount payable as compensation.1 where any land is acquired under this act, there shall be paid an amount which shall be determined by an order of the competent authority. 2 where the right of user or any right in the nature of an easement on, any land is acquired under this act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under subsection 1, for that land. 3 before proceeding to determine the amount under subsection 1 or subsection 2, the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. 4 such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in subsection 2 of section 3c, before the competent authority, at a time and place and to state the nature of their respective interest in such land. 5 if the amount determined by the competent authority under subsection 1 or subsection 2 is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the central government 6 subject to the provisions of this act, the provisions of the arbitration and conciliation act, 26 of shall apply to every arbitration under this act. 7 the competent authority or the arbitrator while determining the amount under subsection 1 or subsection 5, as the case may be, shall take into consideration athe market value of the land on the date of publication of the notification under section 3a b the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land c the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings d if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 3i. of the national highways act : 13i. competent authority to have certain powers of civil court.the competent authority shall have, for the purposes of this act, all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commission for examination of witnesses. 1. subs. by act 16 of , s. 3, for section 3 w.e.f. .

section 4.national highways to vest in the union of the national highways act : all national highways shall vest in the union, and for the purposes of this act highways include i all lands appurtenant thereto, whether demarcated or not ii all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highways and iii all fences, trees, posts and boundary, furlong and milestones of such highways or any land appurtenant to such highways.

section 8.. of the national highways act : agreements with state governments or municipalities. omitted by the national highways laws amendment act, 16 of , s. 4 w.e.f. .

section 5. of the national highways act : show related subordinates it shall be the responsibility of the central government to develop and maintain in proper repair all national highways but the central government may, by notification in the official gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the government of the state within which the national highway is situated or by any officer or authority subordinate to the central government or to the state government.

section 7. of the national highways act : show related subordinates 1 the central government may, by notification in the official gazette, levy fees at such rates as may be laid down by rules made in this behalf for services or benefits rendered in relation to the use of ferries, 1permanent bridges the cost of construction of each of which is more than rupees twentyfive lakhs and which are opened to traffic on or after the 1st day of april, , temporary bridges and tunnels on national highways2and the use of sections of national highways. 2 such fees when so levied shall be collected in accordance with the rules made under this act. 3 any fee leviable immediately before the commencement of this act for services or benefits rendered in relation to the use of ferries, temporary bridges and tunnels on any highway specified in the schedule shall continue to be leviable under this act unless and until it is altered in exercise of the powers conferred by subsection 1: 3provided that if the central government is of opinion that it is necessary in the public interest so to do, it may, by like notification, specify any bridge in relation to the use of which fees shall not be leviable under this subsection. 1. ins. by act 30 of , s. 2 w.e.f. . 2. ins. by act 1 of , s. 2 w.r.e.f. . 3. the proviso ins. by act 30 of , s. 2 w.e.f. .

section 6.power to issue directions of the national highways act : the central government may give directions to the government of any state as to the carrying out in the state of any of the provisions of this act or of any rule, notification or order made thereunder.

section 8a. of the national highways act : show related subordinates 18a. power of central government to enter into agreements for development and maintenance of national highways.notwithstanding anything contained in this act, the central government may enter into an agreement with any person in relation to the development and maintenance of the whole or any part of a national highway. 2 notwithstanding anything contained in section 7, the person referred to in subsection 1 is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the central government may, by notification in the official gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement. 3 a person referred to in subsection 1 shall have powers to regulate and control the traffic in accordance with the provisions contained in chapter viii of the motor vehicles act, 59 of on the national highway forming subjectmatter of such agreement, for proper management thereof. 1. ins. by act 26 of , s. 2 w.e.f. .

section 9. of the national highways act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which, and the conditions subject to which, any function in relation to the development or maintenance of a national highway or any part thereof may be exercised by the state government or any officer or authority subordinate to the central government or the state government 1aa the manner in which the amount shall be deposited with the competent authority under subsections 1 and 6 of section 3h 2b the rates at which fees for services rendered in relation to the use of ferries, permanent bridges, temporary bridges and tunnels on any national highway 3and the use of sections of any national highway may be levied, and the manner in which such fees shall be collected, under section 7 c the periodical inspection of national highways and the submission of inspection reports to the central government d the reports on works carried out on national highways e any other matter for which provision should be made under this act. 43 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 16 of , s. 5 w.e.f. . 2. subs. by act 30 of , s. 3, for clause b w.e.f. . 3. ins. by act 1 of , s. 3 w.r.e.f. . 4. ins. by act 30 of , s. 3 w.e.f. .

section 8b. of the national highways act : 18b. punishment for mischief by injury to national highway.whoever commits mischief by doing any act which renders or which he knows to be likely to render any national highway referred to in subsection 1 of section 8a impassable or less safe for traveling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with a fine, or with both. 1. ins. by act 26 of , s. 2 w.e.f. .

section 10., before parliament. of the national highways act : all notifications or agreements issued or entered into under this act shall be laid before both houses of parliament as soon as may be after they are issued or entered into 1. 1. certain words omitted by act 30 of , s. 4 w.e.f. .

section 8. of the indian naval armament act : 1 an application for the forfeiture of a ship under this act may be made by, or under authority from, the 1central government to any competent court within the local limits of whose jurisdiction the ship is for the time being. 2 on receipt of any such application, the court shall cause notice thereof and of the date fixed for the hearing of the application to be served upon all persons appearing to it to have an interest in the ship, and may give such directions for the temporary disposal of the ship as it thinks fit. 3 for the purpose of disposing of an application under this section, the court shall have the same powers and follow, as nearly as may be, the same procedure as it respectively has and follows for the purpose of the trial of suits under the code of civil procedure, 5 of , and any order made by the court under this section shall be deemed to be a decree, and the provisions of the said code in regard to the execution of decrees shall, as far as they are applicable, apply accordingly. 4 where the court is satisfied that the ship is liable to forfeiture under this act, it shall pass an order forfeiting the ship to government: provided that, where any person having an interest in the ship proves to the satisfaction of the court that he has not abetted, or connived at, or by his negligence facilitated, in any way, a contravention of section 3 in respect of the ship, and such ship has not been built as a vessel of war, it may pass such other order as it thinks fit in respect of the ship or, if it be sold, of the sale proceeds thereof: provided further that in no case shall any ship which has been altered, armed or equipped as a vessel of war be released until it has been restored, to the satisfaction of the 1central government, to such condition as not to render it liable to forfeiture under this act. 5 the 1central government or any person aggrieved by any order of a court, other than a high court, under this section may, within three months of the date of such order, appeal to the high court. 1. subs. by the a.o. , for l.g..

section 1. of the indian naval armament act : 1 this act may be called the indian naval armament act, . 12 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette appoint. 1. subs. by the a.o. , for subsection 2. 2. subs. by the adaptation of laws no. 3 order, , for part b states. 3. this act was brought into force on the 10th november, , see gazette of india, , pt. i, p. 617.

section 2. of the indian naval armament act : in this act unless there is anything repugnant in the subject or context, a competent court means the high court or such other court having unlimited original civil jurisdiction as the central government may declare to be a competent court for the purposes of this act b ship means any boat, vessel, battery or craft, whether wholly or partly constructed, which is intended to float or is capable of floating, on water, and includes all equipment belonging to any ship 1bb states denotes all the territories 2to which this act extends and 3c the treaty means the treaty for the limitation of naval armament and for the exchange of information concerning naval construction signed in london on behalf of his majesty on the twentyfifth day of march, . 1. ins. by the a. o. . 2. subs. by the adaptation of laws no. 3 order, , for for the time being comprised within part a states and part c states. 3. subs. by act 2 of , s. 3, for clause c.

section 7. of the indian naval armament act : 1 where a ship is liable to forfeiture under this act, a any presidency magistrate or magistrate of the first class, or a any commissioned officer on full pay in the 1armed forces of the union, 2 or b any officer of customs or police officer not below such rank3 as may be designated in this behalf by the central government, may seize such ship and detain it, and, if the ship is found at sea within the territorial waters of the states, may bring it to any convenient port in the states. 2 any officer taking any action under subsection 1 shall forthwith report the same through his official superiors to the 4central government. 3 the 4central government shall, within thirty days of the seizure, either cause the ship to be released or make or cause to be made, in the manner hereinafter provided, an application for the forfeiture thereof, and may make such orders for the temporary disposal of the ship as it thinks suitable. 1. subs. by the a.o. , for military, naval or air service of his majesty. 2. the words or any gazetted officer of the royal indian marine service rep. by the a.o. . 3. see gazette of india, . pt. i, p. 188. 4. subs. by the a.o. , for l.g..

section 9. of the indian naval armament act : where a ship has been forfeited to government under section 8, it may be disposed of in such manner as the 1central government 2 directs: provided that, where the ship is sold under this section, due regard shall be had to the obligations imposed by the treaty. 1. subs. by the a.o. , for l.g. 2. the words subject to the control of the g.g. in c. rep by the a.o. .

section 3. of the indian naval armament act : no person shall, except under and in accordance with the conditions of a licence granted under this act, a build any vessel of war, or alter, arm or equip any ship so as to adapt her for use as a vessel of war or b despatch or deliver, or allow to be despatched or delivered, from any place in the states any ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in any part of his majestys dominions or9of india otherwise than under and in accordance with any law for the time being in force in that part 10. 1. subs. by the a.o. , for in a state in india. 2. the words or state omitted, ibid.

section 10. of the indian naval armament act : if, in any trial, appeal or other proceeding under the foregoing provisions of this act, any question arises as to whether a ship is a vessel of war or whether any alteration, arming or equipping of a ship is such as to adapt it for use as a vessel of war, the question shall be referred to and determined by the central government, whose decision shall be final and shall not be questioned in any court.

section 4. of the indian naval armament act : 1 a licence under this act for any of the purposes specified in section 3 may be granted by the 1central government, and shall not be refused unless it appears to the 1central government that such refusal is necessary for the purpose of securing the observance of the obligations imposed by the treaty and, where a licence is granted subject to conditions, the conditions shall be such only as the 1central government may think necessary for the purpose aforesaid. 2 an application for a licence under this section shall be in such form and shall be accompanied by such designs and particulars as the 1central government may, by general or special order, require. 23 any person who, in pursuance of a licence granted under subsection 1 before the commencement of the indian naval armament amendment act, 2 of , is engaged in building any vessel of war or in altering, arming or equipping any ship so as to adapt her for use as a vessel of war, or is about to despatch or deliver, or allow to be despatched or delivered, from any place within the states any ship which has been so built, altered, armed or equipped, either entirely or partly within the states, shall, upon written demand, furnish to the 11central government such designs and particulars as may be required by the1central government for the purpose of securing the observance of the obligations imposed by the treaty. 1. subs. by the a.o. , for l.g. 2. ins. by act 2 of , s. 4.

section 14. of the indian naval armament act : no prosecution, suit or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act.

section 6. of the indian naval armament act : any ship which has been, either wholly or partly, built, altered, armed or equipped as a vessel of war in the states in contravention of section 3, or in any 1 part of his majestys dominions or 2of india in contravention of any like provision of law in force in that part 3 , shall, if found in the states, be liable to forfeiture under this act. 1. the word other omitted by the a.o. . 2. subs., ibid., for any state in india. 3. the words or state omitted, ibid.

section 12. of the indian naval armament act : 1 any person empowered by this act to seize and detain any ship may, at any reasonable time by day or night, enter any dockyard, shipyard or other place and make inquiries respecting any ship which he has reason to believe is liable to forfeiture under this act, and may search such ship with a view to ascertaining whether the provisions of this act have been or are being duly observed in respect thereof, and every person in charge of or employed in such place shall on request be bound to give the person so empowered all reasonable facilities for such entry and search and for making such inquiries. 2 the provisions of sections 101, 102 and 103 of the code of criminal procedure, 5 of 1 , shall apply in the case of all searches made under this section. 1. see now ss. 99 and 100 of the code of criminal procedure, 2 of .

section 13. of the indian naval armament act : no court inferior to that of a presidency magistrate or magistrate of the first class shall proceed to the trial of any offence punishable under this act, and no court shall proceed to the trial of any such offence except on complaint made by, or under authority from, the 1central government. 1. subs. by the a. o. , for l.g..

section 8. of the chartered accountants act : notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the 1register of members if he i has not attained the age of twentyone years at the time of his application for the entry of his name in the 1register of members or 2ii is of unsound mind and stands so adjudged by a competent court or iii is an undischarged insolvent 3or an undischarged bankrupt or 3iiia is declared bankrupt under the insolvency and bankruptcy code, 31 of or iv being a discharged insolvent, has not obtained from the court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part or v has been convicted by a competent court, whether within or without india, of an offence involving moral turpitude and punishable with 4 imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the central government has, by an order in writing, removed the disability or 5vi has been removed from membership of the institute on being found on inquiry to have been guilty of professional or other misconduct: provided that a person who has been removed from membership for a specified period, shall not be entitled to have his name entered in the 1register of members until the expiry of such period. 1.subs. by act 12 of , s. 7, for register w.e.f. . 2. subs. by s. 7, ibid., for clause ii w.e.f. . 3 ins. by act 12 of , s. 7 w.e.f. . 4. the words transportation or omitted by s. 7, ibid. w.e.f. . 5. subs. by act 15 of , s. 7, for clause vi w.e.f. .

section 1. of the chartered accountants act : show related subordinates 1 this act may be called the chartered accountants act, . 12 it extends to the whole of india 2 . 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 25 of , s. 3 and the schedule w.e.f. . 3. 1st july, , vide notification no. i oa 4/49, dated 1st june, , see gazette of india, extraordinary, part ii, sec. 3i

section 2. of the chartered accountants act : 1 in this act, unless there is anything repugnant in the subject or context, a associate means an associate member of the institute 1aa authority means the appellate authority constituted under section 22a aaa board means the quality review board constituted under section 28a 2ab board of discipline means the board of discipline constituted under subsection 1 of section 21a b chartered accountant means a person who is a member of the institute 3 2ba coordination committee means the coordination committee constituted under section 9a bb companies act means the companies act, 18 of or any other previous company law as defined in clause 67 of section 2 of the said act c council means the council of the institute 2constituted under section 9 4ca firm shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of , and includes, i the limited liability partnership as defined in clause n of subsection 1 of section 2 of the limited liability partnership act, 6 of or ii the sole proprietorship, registered with the institute 2cb director discipline means the director discipline referred to in section 21 and includes joint director discipline cc disciplinary committee means the disciplinary committee constituted under subsection 1 of section 21b cd disciplinary directorate means the disciplinary directorate established under subsection 1 of section 21 ce fellow means a fellow member of the institute d holder of a restricted certificate means a person holding a permanent or temporary restricted certificate granted by a state government under the restricted certificates rules, e institute means the institute of chartered accountants of india constituted under this act 5ea notification means a notification published in the official gazette and the term notify shall be construed accordingly 1eb partner shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of , or in clause q of subsection 1 of section 2 of the limited liability partnership act, 6 of , as the case may be ec partnership means a a partnership as defined in section 4 of the indian partnership act, 9 of or b a limited liability partnership which has no company as its partner f prescribed means prescribed by regulations made under this act 6g register means the register of members of the institute maintained under section 19 or the register of firms of the institute maintained under section 20b, as the case may be h registered accountant means any person who has been enrolled on the register of accountants maintained by the central government under the auditors certificates rules, 1ha specified means specified by rules made by the central government under this act 4haa sole proprietorship means an individual who engages himself in the practice of accountancy or offers to perform services referred to in clauses ii to iv of subsection 2 2haaa standing committee means a standing committee constituted under subsection 1 of section 17 hb tribunal means a tribunal established under subsection 1 of section 10b i year means the period commencing on the 1st day of april of any year and ending on the 31st day of march of the succeeding year. 2 a member of the institute shall be deemed to be in practice when individually or in partnership with chartered accountants 7in practice 8or in partnership with members of such other recognised professions as may be prescribed, he, in consideration of remuneration received or to be received i engages himself in the practice of accountancy or ii offers to perform or performs services involving the auditing or verification of financial transactions, books, accounts, or records or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant or iii renders professional services or assistance in or about matters of principle or detail relating to accounting procedure or the recording, presentation or certification of financial facts or data or iv renders such other services as, in the opinion of the council, are or may be rendered by a chartered accountant 7in practice and the words to be in practice with their grammatical variations and cognate expressions shall be construed accordingly. explanation.an associate or a fellow of the institute who is a salaried employee of a chartered accountant 7in practice or 9a firm of such chartered accountants or firm consisting of one or more chartered accountants and members of any other professional body having prescribed qualifications 7in practice shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the 10training of articled assistants. 1. ins. by act 9 of , s. 2 w.e.f. . 2. ins. by act 12 of , s. 3 w.e.f. . 3. the words and who is in practice omitted by act 15 of , s. 3 w.e.f. . 4. ins. by act 3 of , s. 2 w.e.f. . 5. subs. by s. 3, ibid., for clause ea w.e.f. . 6. subs. by act 12 of , s. 3, for clause g w.e.f. . 7. ins. by act 15 of , s. 3 w.e.f. . 8. ins. by act 3 of , s. 2 w.e.f. . 9. subs. by act 3 of , s. 2, for a firm of such chartered accountants w.e.f. . 10. subs. by act 9 of , s. 2, for training of articled clerks w.e.f. .

section 7. of the chartered accountants act : 1every member of the institute in practice shall, and any other member may, use the designation of a chartered accountant and no member using such designation shall use any other description, whether in addition thereto or in substitution therefore: provided that nothing contained in this section shall be deemed to prohibit any such person from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other institute of accountancy, whether in india or elsewhere, as may be recognised in this behalf by the council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the institute and in practice, from being known by its firm name as chartered accountants. 1. subs. by act 15 of , s. 6, for certain words w.e.f. .

section 3. of the chartered accountants act : show related subordinates 1 all persons whose names are entered in the register at the commencement of this act and all persons who may hereafter have their names entered in the register under the provisions of this act, so long as they continue to have their names borne on the said register, are hereby constituted a body corporate by the name of the institute of chartered accountants of india, and all such persons shall be known as members of the institute. 2 the institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immoveable, and shall by its name sue or be sued.

section 9. constitution of the council of the institute of the chartered accountants act : show related subordinates 1 there shall be a council of the institute for the management of the affairs of the institute and for discharging the functions assigned to it under this act. 12 the council shall be composed of the following persons, namely: a not more than thirtytwo persons elected by the members of the institute from amongst the fellows of the institute chosen in such manner and from such regional constituencies as may be specified: provided that a fellow of the institute, who has been found guilty of any professional or other misconduct and whose name is removed from the 2register of members or has been awarded penalty of fine, shall not be eligible to contest the election, i in case of misconduct falling under the first schedule of this act, for a period of 3four years ii in case of misconduct falling under the second schedule of this act, for a period of 4eight years, from the completion of the period of removal of name from the 2register of members or payment of fine, as the case may be b not more than eight persons to be nominated in the specified manner, by the central government. 53 no person holding a post under the central government or a state government shall be eligible for election to the council under clause a of subsection 2. 4 no 6member of the institute or any partner of a firm who has been auditor of the institute shall be eligible for election to the council under clause a of subsection 2, for a period of 7four years after he ceases to be an auditor. 1. subs. by act 9 of , s. 6, for subsection 2 w.e.f. . 2. subs. by act 12 of , s. 8, for register w.e.f. . 3. subs. by s. 8, ibid., for three years w.e.f. . 4. subs. by s. 8, ibid., for six years w.e.f. . 5. ins. by act 9 of ,s. 6 w.e.f. . 6. subs. by s. 8, ibid., for three years w.e.f. . 6. subs. by act 12 of , s. 8, for person w.e.f. .

section 5. of the chartered accountants act : 1 the members of the institute shall be divided into two classes designated respectively as associates and fellows. 2 any person shall, on his name being entered in the 1register of members, be deemed to have become an associate member of the institute and be entitled to use the letters a. c. a. after his name to indicate that he is an associate member of the institute of chartered accountants. 23 a member, being an associate who has been in continuous practice in india for at least five years, whether before or after the commencement of this act, or whether partly before and partly after the commencement of this act, and a member who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a chartered accountant shall, on payment of such fees, as may be determined, by notification, by the council 3, and on application made and granted in the prescribed manner, be entered in the register as a fellow of the institute and shall be entitled to use the letters f. c. a. after his name to indicate that he is a fellow of the institute of chartered accountants: 4. 1. subs. by s. 5, ibid., for register w.e.f. . 2. subs. by act 9 of , s. 4, for subsection 3 w.e.f. . 3. the words which shall not exceed rupees five thousand omitted by act 12 of , s. 5 w.e.f. . 4. the proviso omitted by s. 5, ibid. w.e.f. .

section 4. of the chartered accountants act : 1 any of the following persons shall be entitled to have his name entered in the 1register of members, namely, i any person who is a registered accountant or a holder of a restricted certificate at the commencement of this act ii any person who has passed such examination and completed such training as may be prescribed for members of the institute iii any person who has passed the examination for the government diploma in accountancy or an examination recognised as equivalent thereto by the rules for the award of the government diploma in accountancy before the commencement of this act, and who, although not duly qualified to be registered as an accountant under the auditors certificates rules, , fulfils such conditions as the central government may specify in this behalf iv any person who, at the commencement of this act, is engaged in the practice of accountancy in any part b state and who, although not possessing the requisite qualifications to be registered as an accountant under the auditors certificates rules, , fulfils such conditions as the central government may specify in this behalf 2v any person who has passed such other examination and completed such other training 3without india as is recognised by the central government or the council as being equivalent to the examination and training prescribed for members of the institute: provided that in the case of any person who is not permanently residing in india, the central government or the council, as the case may be, may impose such further conditions as it may deem fit vi any person domiciled in india, who at the commencement of this act is studying for any foreign examination and is at the same time undergoing training, whether within or without india, or,who, having passed such foreign examination, is at the commencement of this act undergoing training, whether within or without india: provided that any such examination or training was recognised before the commencement of this act for the purpose of conferring the right to be registered as an accountant under the auditors certificates rules, , and provided further that such person passes the examination or completes the training within five years after the commencement of this act. 2 every person belonging to the class mentioned in clause i of subsection 1 shall have his name entered in the 1register of members without the payment of any entrance fee. 43 every person belonging to any of the classes mentioned in clauses ii, iii, iv, v and vi of subsection 1 shall have his name entered in the register on application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification, by the council 5: 6. 4 the central government shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause i of subsection 1 entered in the 1register of members. 1. subs. by act 12 of , s. 4, for register w.e.f. . 2. subs. by act 40 of , s. 2, for clause v w.e.f. . 3. subs. by act 12 of , s. 4, for without india w.e.f. . 4. subs. by act 9 of , s. 3, for subsection 3 w.e.f. . 5. the words , which shall not exceed rupees three thousand omitted by act 12 of , s. 4 w.e.f. . 6. the proviso omitted by s. 4, ibid. w.e.f. .

section 6. of the chartered accountants act : 1 no member of the institute shall be entitled to practise 1whether in india or elsewhere unless he has obtained from the council a certificate of practice: 22every such member shall pay annual fee for the certificate as may be determined, by notification, by the council, and such fee shall be payable on or before the 1st day of april each year: 23 the certificate of practice obtained under subsection 1 may be cancelled by the council under such circumstances as may be prescribed. 1. ins. by act 15 of , s. 5 w.e.f. . 2. subs. by act 12 of , s. 6, for subsection 2 w.e.f. . 3. ins. by act 9 of , s. 5 w.e.f. .

section 9a. of the chartered accountants act : 11 there shall be a coordination committee consisting of the president, vicepresident and the secretary of the council of each of the institutes of chartered accountants of india, the cost accountants of india and the company secretaries of india for the development and harmonisation of the professions of chartered accountants, cost accountants and company secretaries. 2 the meeting of the coordination committee shall be chaired by the secretary, ministry of corporate affairs. 3 the meeting of the coordination committee shall be held once in every quarter of a year. 4 the committee shall be responsible for the effective coordination of the functions assigned to each institute and shall i ensure quality improvement of the academics, infrastructure, research and all related works of the institute ii focus on the coordination and collaboration among the professions, to make the profession more effective and robust iii align the crossdisciplinary regulatory mechanisms for inter professional development iv make recommendations in matters relating to regulatory policies for the professions v perform such other functions incidental to clauses i to iv above. 1. ins. by act 12 of , s. 9 w.e.f. .

section 14. of the chartered accountants act : 11 the duration of any council constituted under this act shall be 2four years from the date of its first meeting, on the expiry of which it shall stand dissolved and a new council constituted in accordance with the provisions of this act. 32 notwithstanding the expiration of the duration of a council hereinafter referred to as the former council, the former council shall continue to exercise its functions until a new council is constituted in accordance with the provisions of this act, and on such constitution, the former council shall stand dissolved. 1. section 14 renumbered as subsection 1 thereof by act 15 of , s. 12 w.e.f. . 2. subs. by act 12 of , s. 13, for three years w.e.f. . 3. ins. by s. 12, ibid. w.e.f. .

section 10. of the chartered accountants act : 110. reelection or renomination to council.21 a member of the council, elected or nominated under subsection 2 of section 9, shall be eligible for reelection or, as the case may be, renomination: provided that no member shall hold the office for more than 3 two consecutive terms: provided further that a member of the council, who is or has been elected as president under subsection 1 of section 12, shall not be eligible for election or nomination as a member of the council. 42 notwithstanding anything contained in subsection 1, a member of the council who immediately at the commencement of the chartered accountants, the cost and works accountants and the company secretaries amendment act, , has held office as such member for two terms or is holding office for the second term of three years, shall be eligible to contest for one more term of four years and a member who has held office for one term or is holding office for the first term of three years, shall be eligible to contest for two more consecutive terms. 1. subs. by s. 7, ibid. for section 10 w.e.f. . 2. section 10 shall be renumbered as subsection 1 by act 12 of , s. 10 w.e.f. . 3. subs. by s. 10, ibid., for three consecutive terms w.e.f. . 4. ins. by s. 10, ibid. w.e.f. .

section 10a. of the chartered accountants act : 110a. settlement of dispute regarding election. in case of any dispute regarding any election under clause a of subsection 2 of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the secretary of the institute, who shall forward the same to the central government. 1. ins. by s. 8, ibid. w.e.f. .

section 11. of the chartered accountants act : if any body of persons referred to in section 9 fails to elect any of the members of the council which it is empowered under that section to elect, the central government may nominate a person duly qualified to fill the vacancy, and any person so nominated shall be deemed to be a member of the council as if he had been duly elected.

section 10b. of the chartered accountants act : show related subordinates 110b. establishment of tribunal.1 on receipt of any application under section 10a, the central government shall, by notification, establish a tribunal consisting of a presiding officer and two other members to decide such dispute and the decision of such tribunal shall be final. 2 a person shall not be qualified for appointment, a as a presiding officer of the tribunal unless he has been a member of the indian legal service and has held a post in grade i of the service for at least three years b as a member unless he has been a member of the council for at least one full term and who is not a sitting member of the council or who has not been a candidate in the election under dispute or c as a member unless he holds the post of a joint secretary to the government of india or any other post under the central government carrying a scale of pay which is not less than that of a joint secretary to the government of india. 3 the terms and conditions of service of the presiding officer and members of the tribunal, their place of meetings and allowances shall be such as may be specified. 4 the expenses of the tribunal shall be borne by the council. 1. ins. by s. 8, ibid. w.e.f. .

section 13. of the chartered accountants act : 1 any member of the council may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall become vacant when such resignation is notified in the official gazette. 2 a member of the council shall be deemed to have vacated his seat if he is declared by the council to have been absent without sufficient excuse from three consecutive meetings of the council, 1or he has been found guilty of any professional or other misconduct and awarded penalty of fine, or if his name is, for any cause, removed from the 2register of members under the provisions of section 20. 3 a casual vacancy in the council shall be filled by fresh election from the constituency concerned or by nomination by the central government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the council: 3provided that no election shall be held to fill a casual vacancy occurring within 4one year prior to the date of the expiration of the duration of the council, but such a vacancy may be filled by nomination by the central government after consultation with the president of the council. 4 no act done by the council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the council. 1. ins. by s. 10, ibid. w.e.f. . 2. subs. by act 12 of , s. 12, for register w.e.f. . 3. added by act 15 of , s. 11 w.e.f. . 4.subs. by act 9 of , s. 10, for six months w.e.f. .

section 12. of the chartered accountants act : 1 the council at its first meeting shall elect two of its members to be respectively the president and vice president thereof, and so often as the office of the president or the vicepresident becomes vacant the council shall choose another person to be the president or the vicepresident as the case may be: 1 2 the president shall be the 2head of the council. 3 2a the president shall preside at the meetings of the council. 2b the president and the viceresident shall exercise such powers and perform such duties and functions as may be prescribed. 2c it shall be the duty of the president to ensure that the decisions taken by the council are implemented. 2d if, for any reason a vacancy occurs in the office of the president, or if the president is absent or for any other reason, is unable to exercise the powers or perform the duties assigned to him, the vice president shall act in his place and exercise the powers and perform the duties of the president. 3 the president or the vicepresident shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as, a member of the council, and, subject to his being a member of the council at the relevant time, he shall be eligible for reelection 4under subsection 1. 4 5on the expiration of the duration of the council, the 6president and the vicepresident of the council at the time of such expiration shall continue to hold office and discharge such administrative and other duties as may be prescribed until such time as a new 6president and the vicepresident shall have been elected and shall have taken over 7charge of their duties. 1. the proviso omitted by act 12 of , s. 11 w.e.f. . 2. subs. by s. 11, ibid., for chief executive authority w.e.f.. 3. ins. by act 12 of , s. 11 w.e.f. . 4. ins. by act 9 of , s. 9 w.e.f. . 5. subs. by act 15 of , s. 10, for on the dissolution of the council, the president of the council at the time of such dissolution w.e.f. . 6. subs. by act 9 of , s. 9, for president w.e.f. . 7. subs. by s. 9, ibid., for charge of his duties w.e.f. .

section 20. of the chartered accountants act : show related subordinates 120. removal from the 2register of members.1 the council may remove from the 2register of members the name of any member of the institute a who is dead or b from whom a request has been received to that effect, or c who has not paid any prescribed fee required to be paid by him or d who is found to have been subject at the time when his name was entered in the 2register of members, or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the register. 2 the council shall remove from the 2register of members the name of any member in respect of whom an order has been passed under this act removing him from membership of the institute. 33 if the name of any member has been removed from the register under clause c of subsection 1, on receipt of an application, his name may be entered again in the register on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the council 4: 5. 1. subs. by act 15 of , s. 18, for section 20 w.e.f. . 2. subs. by act 12 of , s. 19, for register w.e.f. . 3. ins. by act 9 of , s. 17 w.e.f. . 4. the words , which shall not exceed rupees two thousand omitted by act 12 of , s. 19 w.e.f. . 5. the proviso omitted by s. 19, ibid. w.e.f. .

section 15. of the chartered accountants act : 115. functions of council.1 the institute shall function under the overall control, guidance and supervision of the council and the duty of carrying out the provisions of this act shall be vested in the council. 2 in particular, and without prejudice to the generality of the foregoing powers, the duties of the council shall include a to approve academic courses and their contents 2b the prescribing of fees for the examination of candidates for enrolment c the granting or refusal, of registration of a firm d the prescribing of qualifications for entry in the 3register of members e the recognition of foreign qualifications and training for the purposes of enrolment 4f the prescribing of guidelines for grant or refusal of certificates of practice under this act fa to issue guidelines for the purpose of carrying out the objects of this act 5 h the levy 6 of fees from members, examinees and other persons 7 j the regulation and maintenance of the status and standard of professional qualifications of members of the institute k the carrying out, by granting financial assistance to persons other than members of the council or in any other manner, of research in accountancy 8l to conduct investor education and awareness programmes la to enter into any memorandum or arrangement with the prior approval of the central government, with any agency of a foreign country, for the purpose of performing its functions under this act m to enable functioning of the director discipline, the board of discipline, the disciplinary committee and the appellate authority constituted under the provisions of this act n to enable functioning of the quality review board o consideration of the recommendations of the quality review board made under clause a of section 28b and the details of action taken thereon in its annual report and p to ensure the functioning of the institute in accordance with the provisions of this act and in performance of other statutory duties as may be entrusted to the institute from time to time. 1. subs. by act 9 of , s. 11, for section 15 w.e.f. . 2. subs. by act 12 of , s. 14, for clauses b and c w.e.f. . 3. subs. by s. 14, ibid., for register w.e.f. . 4. subs. by s. 14, ibid., for clause f w.e.f. . 5. clause g omitted by ibid., s. 14 w.e.f. . 6.the words and collection omitted by s. 14, ibid. w.e.f. . 7. clause i omitted by s. 14, ibid. w.e.f. . 8. subs. by s. 14, ibid., for clause l w.e.f. .

section 15b. of the chartered accountants act : 115b. functions of institute.the functions of the institute shall include a the examination of candidates for enrolment b the regulation of the engagement and training of articled and audit assistants c the maintenance and publication of a register of persons qualified to practice as chartered accountants d the maintenance and publication of register of firms e collection of fees from members, examinees and other persons f subject to the orders of the appropriate authorities under this act, the removal of names from the register of members and firms and the restoration of names to the register of members and firms which have been removed g the maintenance of a library and publication of books and periodicals relating to accountancy and allied subjects h the conduct of elections to the council of the institute and i the granting or refusal of certificates of practice as per guidelines issued by the council. 1. ins. by act 12 of , s. 15 w.e.f. .

section 15a. of the chartered accountants act : 115a. imparting education by universities and other bodies.1 subject to the provisions of this act, any university established by law or any body affiliated to the institute, may impart education on the subjects covered by the academic courses of the institute. 2 the universities or bodies referred to in subsection 1 shall, while awarding degree, diploma or certificate or bestowing any designation, ensure that the award or designation do not resemble or is not identical to one awarded by the institute. 3 nothing contained in this section shall enable a university or a body to adopt a name or nomenclature which is in any way similar to that of the institute. 1. ins. by act 9 of , s. 12 w.e.f. .

section 21a. of the chartered accountants act : show related subordinates 1 221a. board of discipline.1 the council shall constitute a board of discipline consisting of a a person with experience in law and having knowledge of disciplinary matters and the profession, to be its presiding officer b two members one of whom shall be a member of the council elected by the council and the other member shall be nominated by the central government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy c the director discipline shall function as the secretary of the board. 2 the board of discipline shall follow summary disposal procedure in dealing with all cases before it. 3 where the board of discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the first schedule, it shall afford to the member an pportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register up to a period of three months c impose such fine as it may think fit, which may extend to rupees one lakh. 4 the director discipline shall submit before the board of discipline all information and complaints where he is of the opinion that there is no prima facie case and the board of discipline may, if it agrees with the opinion of the director discipline, close the matter or in case of disagreement, may advise the director discipline to further investigate the matter. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. ins. by act 9 of , s. 19 w.e.f. .

section 21b. of the chartered accountants act : show related subordinates 1 221b. disciplinary committee.1 the council shall constitute a disciplinary committee consisting of the president or the vicepresident of the council as the presiding officer and two members to be elected from amongst the members of the council and two members to be nominated by the central government from amongst the persons of eminence having experience in the field of law, conomics, business, finance or accountancy: provided that the council may constitute more disciplinary committees as and when it considers necessary. 2 the disciplinary committee, while considering the cases placed before it shall follow such procedure as may be specified. 3 where the disciplinary committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the second schedule or both the first schedule and the second schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register permanently or for such period, as it thinks fit c impose such fine as it may think fit, which may extend to rupees five lakhs. 4 the allowances payable to the members nominated by the central government shall be such as may be specified. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. ins. by act 9 of , s. 19 w.e.f. .

section 16. of the chartered accountants act : 116. officers and employees, salary, allowances, etc.1 for the efficient performance of its duties, the council shall a appoint a secretary to perform such duties as may be prescribed b appoint a director discipline to perform such functions as are assigned to him under this act and the rules and regulations framed thereunder. 2 the council may also a appoint such other officers and employees as it considers necessary b require and take from the secretary or from any other officer or employee such security for the due performance of his duties, as the council considers necessary 2c prescribe the manner of appointment, powers, duties and functions of the secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service d with the previous sanction of the central government, fix the allowances of the president, vicepresident and other members of the council and members of its committees. 3 the secretary of the council shall be entitled to participate in the meetings of the council but shall not be entitled to vote thereat. 1.subs. by s. 13, ibid., for section 16 w.e.f. . 2. subs. by act 12 of , s. 16, for clause c w.e.f. .

section 17. of the chartered accountants act : 1 the council shall constitute from amongst its members the following standing committees, namely: i an executive committee, ii an examination committee, and 1iii a finance committee. 22 the council may also form such other committees from amongst its members as it consider necessary for the purpose of carrying out the provisions of this act, and any committee so formed may, with the sanction of the council, coopt such other members of the institute not exceeding onethird of the members of the committee as it thinks fit, and any member so coopted shall be entitled to exercise all the rights of a member of the committee 3 each of the standing committees shall consist of the president and the vicepresident ex officio, and minimum of three and maximum of five members to be elected by the council from amongst its members. 4 the president and the vicepresident of the council shall be the chairman and vicechairman respectively of each of the standing committees. 5 every member of the standing committee other than the chairman and the vicechairman shall hold office for one year from the date of his election, but subject to being a member of the council, he shall be eligible for reelection. 6 the standing committees shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed. 1. subs. by s. 14, ibid., for clause iii w.e.f. . 2. subs. by s. 14, ibid., for subsections 2 and 3 w.e.f. .

section 18. of the chartered accountants act : 1 there shall be established a fund under the management and control of the council into which shall be paid all monies received by the council and out of which shall be met all expenses and liabilities properly incurred by the council. 2 the council may invest any money for the time being standing to the credit of the fund in any government security or in any other security approved by the central government. 13 the council shall keep proper accounts of the fund distinguishing capital from revenue in the manner prescribed. 4 the council shall prepare in the manner prescribed and approve, prior to the start of the financial year, an annual financial statement the budget indicating all its anticipated revenues as well as all proposed expenditures for the forthcoming year. 25 the annual accounts of the council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the council from the panel of auditors maintained by the comptroller and auditorgeneral of india: provided that a firm shall not be eligible for appointment as an auditor under this subsection, if any of its partner is or has been a member of the council during the last four years: provided further that in the event it is brought to the notice of the council that the accounts of the council do not represent a true and fair view of its finances, then, the council may itself cause a special audit to be conducted: provided also that, if such information, that the accounts of the council do not represent a true and fair view of its finances, is sent to the council by the central government, then, the council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the central government. 35a as soon as may be practicable at the end of each year, the council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose. 5b the council shall cause to be published in the gazette of india not later than the 30th day of september of the year next following, a copy of the audited accounts and the report of the council for that year duly approved by the council and copies of the said accounts and report shall be forwarded to the central government and to all the members of the institute. 6 the council may borrow from a scheduled bank, as defined in the reserve bank of india act, 2 of , or from the central government a any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it, or b for the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or overdraft. 1. subs. by act 9 of , s. 15, for subsections 3, 4 and 5 w.e.f. . 2. subs. by act 12 of , s. 17, for subsection 5 w.e.f. . 3. ins. by s. 15, ibid. w.e.f. .

section 21. of the chartered accountants act : show related subordinates 1 221. disciplinary directorate.1 the council shall, by notification, establish a disciplinary directorate headed by an officer of the institute designated as director discipline and such other employees for making investigations in respect of any information or complaint received by it. 2 on receipt of any information or complaint along with the prescribed fee, the director discipline shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. 3 where the director discipline is of the opinion that a member is guilty of any rofessional or other misconduct mentioned in the first schedule, he shall place the matter before the board of discipline and where the director discipline is of the opinion that a member is guilty of any professional or other misconduct mentioned in the second schedule or in both the schedules, he shall place the matter before the disciplinary committee. 4 in order to make investigations under the provisions of this act, the disciplinary directorate shall follow such procedure as may be specified. 5 where a complainant withdraws the complaint, the director discipline shall place such withdrawal before the board of discipline or, as the case may be, the disciplinary committee, and the said board or committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. subs. by act 9 of , s. 18, for section 21 w.e.f. .

section 19. of the chartered accountants act : show related subordinates 11 the council shall maintain a register of members of the institute in such manner as may be prescribed. 2 the 2register of members shall include the following particulars about every member of the institute, namely, a his full name, date of birth domicile, residential and professional addresses b the date on which his name is entered in the 2register of members c his qualifications 3ca whether any actionable information or complaint is pending or any penalty has been imposed against him under chapter v, including details thereof, if any d whether he holds a certificate of practice and e any other particulars which may be prescribed. 43 the council shall cause to be published in such manner as may be prescribed, a list of members of the institute as on the 1st day of april of each year, and shall, if requested to do so by any such member, send to him a copy of such list 5on payment of such amount as may be prescribed. 64 every member of the institute shall, on his name being entered in the 2register of members, pay such annual membership fee as may be determined, by notification, by the council 7. 8. 1. subs. by s. 18, ibid., for subsection 1 w.e.f. . 2. subs. by act 12 of , s. 18, for register w.e.f. . 3. ins. by s.18, ibid. w.e.f. . 4. subs. by act 15 of , s. 17, for subsection 3 w.e.f. . 5. ins. by act 9 of , s. 16 w.e.f. . 6. subs. by act 9 of , s. 16, for subsection 4 w.e.f. . 7. the words , which shall not exceed rupees five thousand omitted by act 12 of , s. 18 w.e.f. . 8. the proviso omitted by s. 18, ibid. w.e.f. .

section 22d. of the chartered accountants act : 122d. procedure to be regulated by authority.1 the office of the authority shall be at delhi. 2 the authority shall regulate its own procedure. 3 all orders and decisions of the authority shall be authenticated by an officer duly authorised by the chairperson in this behalf. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 22e. of the chartered accountants act : 122e. officers and other staff of authority.1 the council shall make available to the authority such officers and other staff members as may be necessary for the efficient performance of the functions of the authority. 2 the salaries and allowances and conditions of service of the officers and other staff members of the authority shall be such as may be prescribed. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 21c. of the chartered accountants act : 1 221c. authority, disciplinary committee, board of discipline and director discipline to have powers of civil court.for the purposes of an inquiry under the provisions of this act, the authority, the disciplinary committee, board of discipline and the director discipline shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b the discovery and production of any document and c receiving evidence on affidavit. 3. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. ins. by act 9 of , s. 19 w.e.f. . 3. the explanation omitted by act 12 of , s. 24 w.e.f. .

section 22. of the chartered accountants act : 1 222. professional or other misconduct defined.for the purposes of this act, the expression professional or other misconduct shall be deemed to include any act or omission provided in any of the schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the director discipline under subsection 1 of section 21 to inquire into the conduct of any member of the institute under any other circumstances. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2 subs. by act 9 of , s. 20, for section 22 w.e.f. .

section 21d. of the chartered accountants act : 1 221d. transitional provisions.all complaints pending before the council or any inquiry initiated by the disciplinary committee or any reference or appeal made to a high court prior to the commencement of the chartered accountants amendment act, 9 of , shall continue to be governed by the provisions of this act, as if this act had not been amended by the chartered accountants amendment act, . 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. ins. by act 9 of , s. 19 w.e.f. .

section 22a. of the chartered accountants act : show related subordinates 1 21 the central government shall, by notification, constitute an appellate authority consisting of a a person who is or has been a judge of a high court, to be its chairperson b two members to be appointed from amongst the persons who have been members of the council for at least one full term and who is not a sitting member of the council c two members to be nominated by the central government from amongst persons having knowledge and practical experience in the field of law, economics, business, finance or accountancy. 2 the chairperson and other members shall be parttime members. 1. subs. by act 15 of , s. 19, for chapter v w.e.f. . 2. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 22b. of the chartered accountants act : 122b. term of office of chairperson and members of authority.1 a person appointed as the chairperson shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier. 2 a person appointed as a member shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixtytwo years, whichever is earlier. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 22c. of the chartered accountants act : show related subordinates 122c. allowances and conditions of service of chairperson and members of authority.the allowances payable to, and other terms and conditions of service of, the chairperson and members and the manner of meeting expenditure of the authority by the council and such other authorities shall be such as may be specified. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 22f. of the chartered accountants act : 122f. resignation and removal of chairperson and members.1 the chairperson or a member may, by notice in writing under his hand addressed to the central government, resign his office: provided that the chairperson or a member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is earlier. 2 the chairperson or a member shall not be removed from his office except by an order of the central government on the ground of proved misbehaviour or incapacity after an inquiry made by such person as the central government may appoint for this purpose in which the chairperson or a member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 26. of the chartered accountants act : 1 no person other than a member of the institute shall sign any document on behalf of a 1chartered accountant in practice or a 2firm of such chartered accountants in his or its professional capacity. 32 any person who contravenes the provisions of subsection 1 shall, without prejudice to any other proceedings, which may be taken against him, be punishable on first conviction with a fine not less than 4 one lakh rupees but which may extend to 5five lakh rupees, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to one year or with fine not less 6two lakh rupees but which may extend to 7ten lakh rupees or with both. 1. subs. by act 15 of , s. 22, for chartered accountant w.e.f. . 2. subs. by s. 22, ibid., for firm of chartered accountants w.e.f. . 3. subs. by act 9 of , s. 23, for subsection 2 w.e.f. . 4. subs. by act 12 of , s. 31, for five thousand rupees w.e.f. . 5. subs. by s. 31, ibid., for one lakh rupees w.e.f. . 6. subs. by s. 31, ibid., for ten thousand rupees w.e.f. . 7. subs. by s. 31, ibid., for two lakh rupees w.e.f. .

section 22g. of the chartered accountants act : 122g. appeal to authority.1 any member of the institute aggrieved by any order of the board of discipline or the disciplinary committee imposing on him any of the penalties referred to in subsection 3 of section 21a and subsection 3 of section 21b, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the authority: provided that the director discipline may also appeal against the decision of the board of discipline or the disciplinary committee to the authority, if so authorised by the council, within ninety days: provided further that the authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time. 2 the authority may, after calling for the records of any case, revise any order made by the board of discipline or the disciplinary committee under subsection 3 of section 21a and subsection 3 of section 21b and may a confirm, modify or set aside the order b impose any penalty or set aside, reduce, or enhance the penalty imposed by the order c remit the case to the board of discipline or disciplinary committee for such further enquiry as the authority considers proper in the circumstances of the case or d pass such other order as the authority thinks fit: provided that the authority shall give an opportunity of being heard to the parties concerned before passing any order. 1. subs. by s. 21, ibid., for section 22 a w.e.f. .

section 27. of the chartered accountants act : 1 where a 1chartered accountant in practice or a 2firm of such chartered accountants has more than one office in india, each one of such offices shall be in the separate charge of a member of the institute: provided that the council may in suitable cases exempt any 1chartered accountant in practice or a 2firm of such chartered accountants from the operation of this subsection 2 every 1chartered accountant in practice or a 2firm of such chartered accountants maintaining more than one office shall send to the council a list of offices and the persons in charge thereof and shall keep the council informed of any changes in relation thereto. 1 subs. by act 15 of , s. 22, for chartered accountant w.e.f. . 2 subs. by s. 22, ibid., for firm of chartered accountants w.e.f. .

section 23. of the chartered accountants act : 1 1for the purpose of advising and assisting it on matters concerning its functions, the council may constitute such regional councils as and when it deems fit for one or more of the regional constituencies that may be specified by the central government under clause a of subsection 2 of section 9. 2 the regional councils shall be constituted in such manner and exercise such functions as may be prescribed. 1. subs. by act 15 of , s. 20, for the council may constitute such regional councils w.e.f. .

section 28. of the chartered accountants act : no person shall be prosecuted under this act except on a complaint made by or under the order of the council or of the central government.

section 24. of the chartered accountants act : any person who, i not being a member of the institute, a represents that he is a member of the institute or b uses the designation chartered accountant, or ii being a member of the institute, but not having a certificate of practice, represents that he is in practice or practices as a chartered accountants, shall be punishable on first conviction with fine which may extend to 1one lakh rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to 2five lakh rupees, or with both. 1. subs. by act 12 of , s. 28, for one thousand rupees w.e.f. . 2. subs. by s. 28, ibid., for five thousand rupees w.e.f. .

section 24a. of the chartered accountants act : 124a. penalty for using name of the council, awarding degrees of chartered accountancy, etc.1 save as otherwise provided in this act, no person shall i use a name or a common seal which is identical with the name or the common seal of the institute or so nearly resembles it as to deceive or as is likely to deceive the public ii award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence similar to that of a member of the institute or iii seek to regulate in any manner whatsoever the profession of chartered accountants. 2 any person contravening the provisions of subsection 1 shall, without prejudice to any other proceedings which may be taken against him, 2be punishable with imprisonment which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both on first conviction, and on any subsequent conviction with imprisonment which may extend to 3one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, or with both. 4 1. ins. by act 15 of , s. 21 w.e.f. . 2. subs. by act 12 of , s. 29, for be punishable with fine which may extend on first conviction to one thousand rupees w.e.f. . 3. subs. by s. 29, ibid., for six months, or with fine which may extend to five thousand rupees w.e.f.. 4 omitted by act 9 of , s. 22 w.e.f. .

section 25. of the chartered accountants act : 1 no company, whether incorporated in india or elsewhere, shall practice as chartered accountants. 1explanation.for the removal of doubts, it is hereby declared that the company shall include any limited liability partnership which has company as its partner for the purposes of this section. 2 if any company contravenes the provisions of subsection 1, then, without prejudice to any other proceedings which may be taken against the company, every director, manager, secretary and any other officer thereof who is knowingly a party to such contravention shall be punishable with fine 2which shall not be less than two lakh rupees but which may extend on first conviction to 3ten lakh rupees, and on any subsequent conviction 4with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees. 1. ins. by act 3 of , s. 3 w.e.f. . 2. ins. by act 12 of , s. 30 w.e.f. . 3. subs. by s. 30, ibid., for one thousand rupees w.e.f. . 4. subs. by s. 30, ibid., for to five thousand rupees w.e.f. .

section 30a. of the chartered accountants act : 130a. powers of central government to direct regulations to be made or to make or amend regulations.1 where the central government considers it expedient so to do, it may, by order in writing, direct the council to make any regulations or to amend or revoke any regulations already made within such period as it may specify in this behalf. 2 if the council fails or neglects to comply with such order within the specified period, the central government may make the regulations or amend or revoke the regulations made by the council, as the case may be, either in the form specified in the order or with such modifications thereof as the central government thinks fit. 1 ins. by act 15 of , s. 24 w.e.f. .

section 28a. of the chartered accountants act : show related subordinates 128a. establishment of quality review board.1 the central government shall, by notification, constitute a quality review board consisting of a chairperson and ten other members. 2 the chairperson and members of the board shall be appointed from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy. 3 five members of the board shall be nominated by the council and other five members shall be nominated by the central government. 1. ins. by act 9 of , s. 24 w.e.f. .

section 28b. of the chartered accountants act : 128b. functions of board.the board shall perform the following functions, namely: a to make recommendations to the council with regard to the quality of services provided by the members of the institute b to review the quality of services provided by the members of the institute including audit services and c to guide the members of the institute to improve the quality of services and adherence to the various statutory and other regulatory requirements. 2d to forward cases of noncompliance with various statutory and regulatory requirements by the members of the institute or firms, noticed by it during the course of its reviews, to the disciplinary directorate for its examination. 1. ins. by act 9 of , s. 24 w.e.f. . 2. ins. by act 12 of , s. 32 w.e.f. .

section 28c. of the chartered accountants act : show related subordinates 128c. procedure of board.the board shall meet at such time and place and follow in its meetings such procedure as may be specified. 1. ins. by act 9 of , s. 24 w.e.f. .

section 30. of the chartered accountants act : show related subordinates 1 the council may, by notification in the gazette of india, make regulations for the purpose of carrying out the objects of this act 1. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters: a the standard and conduct of examinations under this act b the qualifications for the entry of the name of any person in the 2register of members as a member of the institute c the conditions under which any examination or training may be treated as equivalent to the examination and training prescribed for members of the institute d the conditions under which any foreign qualification may be recognised e the manner in which and the conditions subject to which applications for entry in the 2register of members may be made f the fees payable for membership of the institute and the annual fees payable by associates and fellows of the institute in respect of their certificates 3 h the particulars to be entered in the 2register of members 4 5j the training of articled and audit 6assistants, the fixation of limits within which premia may be charged from articled 6assistants and the cancellation of articles and termination of audit service for misconduct or for any other sufficient cause k the regulation and maintenance of the status and standard of professional qualifications of members of the institute l the carrying out of research in accountancy m the maintenance of a library and publication of books and periodicals on accountancy n the management of the property of the council and the maintenance and audit of its accounts o the summoning and holding of meetings of the council, the times and places of such meetings, the conduct of business thereat and the number of members necessary to form a quorum p the powers, duties and functions of the president and the vicepresident of the council q the functions of the standing and other committees and the conditions subject to which such functions shall be discharged 7r the qualification required for the purposes of subsection 3 of section 5 ra the circumstances under which certificates of practice may be cancelled under subsection 3 of section 6 rb the guidelines for granting or refusal of certificates of practice under clause f of subsection 2 of section 15 rc the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the secretary and other officers and employees of the council under clause c of subsection 2 of section 16 rd the manner of preparing annual financial statement under subsection 4 and the annual accounts under subsection 5, of section 18 re the manner of maintaining a register of members of the institute under subsection 1 and the manner in which the annual list of members registered with the institute shall be published under subsection 3, of section 19 rf the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20a rg the manner of maintenance of register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of penalty against the firm under subsection 1 and subsection 2 and the manner in which the annual list of firms registered with the institute shall be published under subsection 3, of section 20b rh the manner of making available status of actionable information and complaints and orders passed under subsection 9 of section 21 ri the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of the boards of discipline under subsection 8, of section 21a rj the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of the disciplinary committees under subsection 8, of section 21b rk the salaries and allowances and conditions of service of officers and other staff of authority under subsection 2 of section 22e rl the manner in which regional council may be constituted under subsection 2 of section 23 and the functions thereof and 8 t any other matter which is required to be or may be prescribed under this act. 3 all regulations made by the council under this act shall be subject to the condition of previous publication and to the approval of the central government. 4 notwithstanding anything contained in subsections 1 and 2 the central government may frame the first regulations for the purpose mentioned in this section, and such regulations shall be deemed to have been made by the council, and shall remain in force from the date of the coming into force of this act, until they are amended, altered or revoked by the council. 1. the words and a copy of such regulations shall be sent to each member of the institute omitted by s. 26, ibid. w.e.f. . 2. subs. by act 12 of , s. 35, for register w.e.f. . 3.clause g omitted by s. 35, ibid. w.e.f. . 4.clause i omitted by s. 35, ibid. w.e.f. . 5. subs. by act 15 of , s. 23, for clause j w.e.f. . 6. subs. by act 9 of , s. 26, for clerks w.e.f. . 7. subs. by act 12 of , s. 35, for clause r w.e.f. . 8. omitted by act 9 of , s. 26 w.e.f. .

section 28d. of the chartered accountants act : show related subordinates 128d. terms and conditions of services of chairperson and members of board and its expenditure.1 the terms and conditions of service of the chairperson and the members of the board, and their allowances shall be such as may be specified. 2 the expenditure of the board shall be borne by the council. 1. ins. by act 9 of , s. 24 w.e.f. .

section 29. of the chartered accountants act : show related subordinates 1 where any country, specified by the central government in this behalf by notification in the official gazette, prevents persons of indian domicile from becoming members of any institution similar to the institute of chartered accountants of india or from practicing the profession of accountancy or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practice the profession of accountancy in india. 2 subject to the provisions of subsection 1, the council may prescribe the conditions, if any, subject to which foreign qualifications relating to accountancy shall be recognised for the purposes of entry in the 1register of members. 1. subs. by s. 33, ibid., for register w.e.f. .

section 29a. power of central government to make rules of the chartered accountants act : show related subordinates 129a. power of central government to make rules.1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner of election and nomination in respect of members to the council under subsection 2 of section 9 b the terms and conditions of service of the presiding officer and members of the tribunal, place of meetings and allowances to be paid to them under subsection 3 of section 10b 1c t the form and fee for filing an information or a complaint under subsection 1, the manner of deciding a complaint or information as actionable or nonactionable under subsection 2 and the procedure of investigation under subsection 7, of section 21 d the procedure while considering the cases by the board of discipline under subsection 2 and time limit for payment of fine under subsection 7, of section 21a da the procedure while considering the cases by the disciplinary committee under subsection 2 and time limit for payment of fine under subsection 7, of section 21b e the allowances and terms and conditions of service of the chairperson and members of the authority and the manner of meeting expenditure by the council under section 22c f the procedure to be followed by the board in its meetings under section 28c and g the terms and conditions of service of the chairperson and members of the board under subsection 1 of section 28d. 1. ins. by act 9 of , s. 25 w.e.f. . 2. subs. by act 12 of , s. 34, for clauses c and d w.e.f. .

section 30b. rules, regulations and notifications to be laid before parliament of the chartered accountants act : 130b. rules, regulations and notifications to be laid before parliament.every rule and every regulation made and every notification issued under this act shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation or notification, or both houses agree that the rule, regulation or notification should not be made or issued, the rule, regulation or notification, shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification. 1. subs. by act 9 of , s. 27, for section 30b w.e.f.

section 33. of the chartered accountants act : amendment of section 144, indian companies act, .rep. by the repealing and amending act, 48 of , s. 2 and the first schedule w.e.f. .

section 30d. of the chartered accountants act : 1 30d. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against the central government or the council or the authority or the disciplinary committee or the tribunal or the board or the board of discipline or the disciplinary directorate or any officer of that government, council, authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate, for anything which is in good faith done or intended to be done under this act or any rule, regulation, notification, direction or order made thereunder. 1. ins. by act 9 of , s. 28 w.e.f. . ins. by s. 28, ibid. w.e.f. .

section 30c. of the chartered accountants act : 130c. power of central government to issue directions.1 in the event of noncompliance by the council of any provisions of this act, the central government may give to the council such general or special directions as it considers necessary to ensure compliance and the council shall, in the discharge of its functions under this act, comply with such directions. 2 if, in the opinion of the central government, the council has persistently made default in giving effect to the directions issued under subsection 1, it may, after giving an opportunity of being heard to the council, by notification, dissolve the council, where after a new council shall be constituted in accordance with the provisions of this act with effect from such date as may be decided by the central government: provided that the central government shall ensure constitution of a new council in accordance with the provisions of this act within a period of one year from the date of its dissolution. 3 where the central government has issued a notification under subsection 2 dissolving the council, it shall, pending the constitution of a new council in accordance with the provisions of this act, nominate any person or body of persons not exceeding five members to manage the affairs and discharge all or any of the functions of the council under this act. 1 ins. by act 9 of , s. 28 w.e.f. .

section 31. of the chartered accountants act : 131. construction of references.any reference to a chartered accountant or a registered accountant or a certified or qualified auditor in any other law or in any document whatsoever shall be construed as a reference to a chartered accountant in practice within the meaning of this act. 1 subs. by act 15 of , s. 25, for section 31 w.e.f. .

section 32. of the chartered accountants act : nothing contained in this act shall affect the right of any person who, at the commencement of this act, is entitled to engage himself in the practice of accountancy in any part b state under any law in force in that state, to continue to engage himself in the practice of accountancy in that state after the commencement of this act.

section 30e., to be public servants. of the chartered accountants act : 130e. members, etc., to be public servants.the chairperson, presiding officer, members and other officers and employees of the authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 9 of , s. 28 w.e.f. . ins. by s. 28, ibid. w.e.f. .

section 8. of the manipur sales of motor spirit and lubricants taxation act : 1 if the commissioner is satisfied that a return furnished under section 7 in respect of any period is correct and complete, he shall, by an order in writing, assess the tax payable by the dealer on the basis of such return. 2 if the commissioner is not so satisfied he shall serve on the dealer a notice requiring him on the date, and at the hour and place specified therein, either to attend in person or to produce or cause to be produced any evidence on which he may rely in support of his return. 3 on the day specified in the notice under subsection 2 or as soon thereafter as may be, the commissioner, after hearing such evidence as he may require, shall, by an order in writing, assess the tax payable by the dealer. 4 if a dealer fails to make a return as required by section 7 or having made the return fails to comply with any of the terms of the notice under subsection 2, the commissioner shall, by order in writing assess to the best of his judgment the tax payable by the dealer: provided that before making assessment the commissioner may allow the dealer such further time as he thinks fit to make the return or comply with the terms of the notice issued under subsection 2.

The Manipur (Sales of Motor Spirit and Lubricants) Taxation Act, 1962

section 1. of the manipur sales of motor spirit and lubricants taxation act : 1 this act may be called the manipur sales of motor spirit and lubricants taxation act, . 2 it extends to the whole of the union territory of manipur. 3 it shall come into force on such date as the chief commissioner may, by notification in the official gazette, appoint.

section 7. of the manipur sales of motor spirit and lubricants taxation act : every person registered under this act shall submit such return or returns at such intervals and to such authority as may be prescribed.

section 4. of the manipur sales of motor spirit and lubricants taxation act : 1 the chief commissioner may, for carrying out the purposes of this act, appoint a commissioner of taxes, and such other persons to assist him as he thinks fit. 2 persons appointed under subsection 1 shall exercise such powers as may be conferred, and perform such duties as may be required, by or under this act.

section 9. of the manipur sales of motor spirit and lubricants taxation act : where a dealer, in the case of an assessment completed under subsection 4 of section 8 satisfies the commissioner, within one month from the date of service of a notice of demand as hereinafter provided, that he was prevented by sufficient cause from making the return required by section 7 or that he had not been served with the notice under subsection 2 of section 8 or that he had not had a reasonable opportunity to comply, or was prevented by sufficient cause from complying with the terms of the notice, the commissioner shall cancel the assessment and make a fresh assessment in accordance with the provisions of section 8.

section 3. of the manipur sales of motor spirit and lubricants taxation act : 1 there shall be levied and collected from every dealer a tax on all sales effected by him of the following goods at such rates as may be fixed by the central government, from time to time, by notification in the official gazette, not exceeding the rates specified below: i motor spirit except diesel oil and internal combustion oils other than petrol. eight naye paise per litre. ii lubricant. nine naye paise per litre. iii diesel oil and internal combustion oils other than petrol. seven naye paise per litre. iv crude oil. one naya paisa per litre. 2 every notification under subsection 1 shall also be published in the manipur gazette. 3 nothing in subsection 1 shall be deemed to render any dealer liable to tax on the sale of taxable goods where such sale takes place: i outside the union territory ii in the course of the import into or export out of the territory of india or iii in the course of the interstate trade or commerce as laid down in section 3 of the central sales tax act, 74 of . 4 for the purpose of subsection 1, any shortage in excess of one per cent. of the quantities of each consignment of motor spirit received into stock by a dealer for sale shall, unless the contrary is proved, be presumed to be due to sale, and the tax shall be levied and collected from the dealer accordingly.

section 2. of the manipur sales of motor spirit and lubricants taxation act : in this act, unless the context otherwise requires, a chief commissioner means the chief commissioner of manipur b commissioner means the commissioner appointed under section 4 c crude oil means petroleum in its natural state d dealer means any person who sells taxable goods manufactured, made or processed by him in, or brought by him into, the union territory from any place outside that territory for the purpose of sale in that territory. explanation.the manager or agent of a dealer who resides outside the union territory and sells taxable goods brought by him into that territory from any place outside that territory, shall, in respect of such business, be a dealer for the purposes of this act e lubricant means any form of oil or other lubricating substance primarily used for lubricating the internal machinery or the external parts and fittings of motor vehicles, stationary internal combustion engines, steam turbines or engines, power pumps, refrigerators, dynamos and other machinery and shall include all forms of greases, mineral jellies, spindle oils, cutting oils and hydraulic brake fluids f motor spirit means any substance which by itself or in admixture with other substances is ordinarily used directly or indirectly to provide reasonably efficient fuel for automative or stationary internal combustion engines, and includes petrol, diesel oil and other internal combustion oils but does not include kerosene, furnace oil, coal or charcoal g person includes a department of government and a hindu joint family h petrol means dangerous petroleum as defined in the petroleum act, 30 of i prescribed means prescribed by rules made under this act j sale with all its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or deferred payment or any other valuable consideration k taxable goods means such goods as are specified in subsection 1 of section 3 l union territory means the union territory of manipur.

section 10. of the manipur sales of motor spirit and lubricants taxation act : if on information or otherwise, the commissioner is satisfied that any person while being liable to pay tax under this act has failed to apply for registration and to pay the tax, he shall, after giving the person a reasonable opportunity of being heard, assess, to the best of his judgment, the amount of tax, if any, due from him and the commissioner may also direct that, in addition to the amount so assessed, a sum not exceeding that amount shall be recovered from the defaulter by way of penalty.

section 5. of the manipur sales of motor spirit and lubricants taxation act : 1 every dealer shall, within such time as may be prescribed for the purpose, make an application for registration under this act to the commissioner, and every such application shall contain such particulars and shall be accompanied by such fees as may be prescribed. 2 where a dealer has more than one place of business whether in the same town or village or in different towns or villages, he shall apply for registration and obtain a separate registration certificate in respect of each such place of business. 3 if the commissioner is satisfied that the application is in conformity with the provisions of this act and the rules made thereunder, he shall register the applicant and grant him a certificate of registration in the prescribed form which shall specify the class or classes of goods in which the dealer carries on business, and such other particulars as may be prescribed for the purposes of subsection 1 of section 3. 4 a certificate of registration granted under this section may either on the application of the dealer to whom it has been granted, or, where no such application has been made, after due notice to the dealer, be amended by the commissioner if he is satisfied that by reason of the dealer having changed the name, place or nature of his business or the class or classes of goods in which he carries on business or for any other reason, the certificate of registration granted to him requires to be amended. 5 no dealer shall carry on business in taxable goods without, or otherwise than in accordance, with the terms of, a certificate of registration.

section 12. of the manipur sales of motor spirit and lubricants taxation act : 1 if the chief commissioner is satisfied that it is necessary in the public interest so to do, he may, by notification in the official gazette, exempt generally either absolutely or subject to such conditions as may be specified in the notification, any class of dealers from the payment of the whole or any part of tax, in respect of any taxable goods. 2 if the chief commissioner is satisfied that it is necessary in the public interest so to do, he may, by special order in each case, exempt any dealer from the payment of tax under circumstances of exceptional nature to be stated in such order, in respect of any taxable goods.

section 6. of the manipur sales of motor spirit and lubricants taxation act : 1 the commissioner may cancel any certificate of registration granted to a dealer, if a he has ceased to carry on business or b any tax payable under section 3 is not duly paid by him or c there is any breach of any of the provisions of this act, the rules made thereunder or the conditions subject to which the registration certificate has been granted or d he has been convicted under the provisions of this act: provided, that no order shall be passed i under clause a unless the dealer was served with a notice, or ii under clause b, clause c or clause d, unless the dealer was given a reasonable opportunity of being heard: provided further, that such cancellation shall not absolve the dealer from his liability to pay tax and other dues under this act, nor bar other action as may be taken against him under this act. 2 the dealer shall not be entitled to any compensation for any loss or damage directly or indirectly suffered by him by reason of cancellation of the certificate under subsection 1.

section 11. of the manipur sales of motor spirit and lubricants taxation act : if on information or otherwise, the commissioner is satisfied that any person registered under this act has not paid the amount of tax due from him or a part thereof for any period, he may proceed against such person in the manner laid down in section 10.

section 16. of the manipur sales of motor spirit and lubricants taxation act : 1 the chief commissioner may, on the application of a dealer aggrieved by any order passed under section 14 or section 15, annul or modify such order: provided that no order enhancing any tax or penalty shall be passed under this section. 2 an application under subsection 1 shall be made within ninety days from the date on which the order was served on the applicant: provided that the chief commissioner may admit the application after the expiration of ninety days if he is satisfied that for reasons beyond the control of the applicant or for any other sufficient cause, the application could not be filed within time.

section 13. of the manipur sales of motor spirit and lubricants taxation act : 1 if the commissioner, in the course of any proceedings under this act, is satisfied that any dealer a has, without reasonable cause, failed to furnish the return which he was required to furnish under section 7 or has, without reasonable cause, failed to furnish it within the time allowed and in the manner required, or b has, without reasonable cause, failed to comply with a notice under subsection 2 of section 8, or c has concealed the particulars of his sales or deliberately furnished incorrect particulars of such sales, or d has evaded the liability to pay tax, the commissioner may direct that such dealer shall, in addition to any tax payable by him, pay, by way of penalty, i in a case referred to in clause a or clause b, a sum not exceeding one and a half times the tax ii in a case referred to in clause c, a sum not exceeding one and a half times the amount of the tax which would have been avoided if the particulars of his sales had been accepted as correct iii in a case referred to in clause d, a sum not exceeding one and a half times the amount of the tax sought to be evaded by him. 2 no order under subsection 1 shall be made unless the dealer was given a reasonable opportunity of being heard.

section 14. of the manipur sales of motor spirit and lubricants taxation act : 1 any dealer objecting to an order of assessment or penalty passed under this act, may within thirty days from the date on which the order was served on him, appeal to the prescribed authority against such assessment or penalty: provided that the authority may admit the appeal after the expiration of thirty days, if such authority is satisfied that for reasons beyond the control of the appellant or for any other sufficient cause, the appeal could not be filed within time. 2 any person desirous of appealing against an order of assessment or penalty passed under this act shall, pending the appeal, deposit with the commissioner the tax demanded or the penalty levied: provided that where in any particular case, the prescribed authority is of opinion that the deposit of tax demanded or penalty levied will cause undue hardship to the appellant, it may in its discretion dispense with such deposit either unconditionally or subject to such conditions as it may deem fit. 3 every appeal under subsection 1 shall be presented in the prescribed form and shall be verified in the prescribed manner. 4 the prescribed authority shall fix a day and place for hearing of the appeal, and may from time to time adjourn the hearing and make or cause to be made, such further inquiry as it may deem necessary. 5 in disposing of an appeal under subsection 1, the prescribed authority may: a confirm, reduce, enhance or annul the assessment, or b set aside the assessment and direct a fresh assessment after such inquiry as may be ordered, or c confirm, reduce or annul the order imposing a penalty. 6 every order passed in appeal under this section shall, subject to the provisions of section 16, be final.

section 19. of the manipur sales of motor spirit and lubricants taxation act : the commissioner shall, in the prescribed manner, refund to a dealer any sum paid by such dealer in excess of the sum due from him under this act, either by cash payment or at the discretion of the commissioner by set off against any other sum due from him.

section 15. of the manipur sales of motor spirit and lubricants taxation act : the commissioner may, of his own motion or on application, call for and examine the records of any proceedings under this act before any person appointed under section 4 to assist the commissioner and revise after such inquiry as he may deem necessary any order passed in such proceedings: provided that no order prejudicial to a dealer shall be passed 1under this section without giving him a reasonable opportunity of being heard: provided further that the commissioner shall not revise any order under this section in any case a where an appeal against the order lies to the prescribed authority, the time within which such appeal can be made has not expired or the dealer has not waived his right to appeal to the prescribed authority b where the order is the subject of an appeal before the prescribed authority c where the application is made by an aggrieved dealer for such revision unless the application is made within ninety days from the date on which the order was served on the applicant d where the order is sought to be revised by the commissioner of his own motion, if such order was made more than two years previously. 1. subs. by act 52 of , s. 2 and the first schedule, for under this subsection w.e.f. .

section 22. of the manipur sales of motor spirit and lubricants taxation act : the commissioner may a inspect at all reasonable time all accounts and vouchers relating to the stock, purchases, sales and deliveries of taxable goods kept by manufacturers, and dealers and the stock of taxable goods with them b enter and search, at any time, by day or by night any building, vessel, vehicle or place in which he has reason to believe that any taxable goods liable to confiscation under this act are kept or concealed c seize any taxable goods or any other article which he has reason to believe is liable to confiscation under this act.

section 17. of the manipur sales of motor spirit and lubricants taxation act : 1 any sum due under this act shall be payable within thirty days of the date of service of the notice demanding the same. 2 if any person fails to pay the sum due within the time specified in subsection 1, the commissioner may impose a penalty not exceeding fifty per cent. of the sum demanded from him.

section 18. of the manipur sales of motor spirit and lubricants taxation act : any sum due under this act shall be recoverable as an arrear of land revenue.

section 25. of the manipur sales of motor spirit and lubricants taxation act : the provisions of the code of criminal procedure, 5 of , shall apply to any search or seizure made under this act.

section 20. of the manipur sales of motor spirit and lubricants taxation act : every registered dealer on whom a notice has been served to furnish return under the provisions of this act, shall keep a true account of taxable goods produced, made or processed by him or brought by him into the union territory from any place outside that territory for the purpose of sale in that territory, and of sales.

section 21. of the manipur sales of motor spirit and lubricants taxation act : subject to such conditions and restrictions as may be prescribed, the commissioner may, for the purposes of this act, require any dealer to produce before him any accounts, registers, vouchers or other documents relating to the production, making, processing, purchase or sale of taxable goods or matters connected therewith.

section 28. of the manipur sales of motor spirit and lubricants taxation act : whenever an offence punishable under this act is committed, the taxable goods or any other article in respect of which the offence has been committed shall be liable to confiscation.

section 23. of the manipur sales of motor spirit and lubricants taxation act : whoever a carries on business as a dealer and acts in contravention of any of the provisions of this act or b fails, without reasonable cause, to submit in due time any return as required by or under the provisions of this act, or submits false return or c fails, when required by or under the provisions of this act, to keep accounts or records of sales or d fails, when required by or under the provisions of this act, to produce any accounts, evidence or documents or to furnish any information or e fails or neglects to comply with any requirement under the provisions of this act or f knowingly produces false accounts, registers or documents, or knowingly furnishes incorrect information or g fraudulently or wilfully evades the payment of any tax due under this act, or conceals his liability to such tax or h fails to pay within the time allowed any tax or penalty due from him or i prevents or obstructs inspection or entry by any officer acting under the provisions of this act or j demands or charges from any purchaser salestax as such at a rate higher than that payable under this act shall be punishable with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both and when the offence is a continuing one, with a daily fine not exceeding fifty rupees during the period of the continuance of the offence.

section 24. of the manipur sales of motor spirit and lubricants taxation act : whoever makes a statement in a verification or declaration in connection with any proceedings under this act which is false and which he either knows or believes to be false or does not believe to be true, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

section 26. of the manipur sales of motor spirit and lubricants taxation act : 1 every officer, not below such rank as may be prescribed, shall within the area for which he is appointed, have power to investigate all offences punishable under this act. 2 every such officer shall in the conduct of such investigation exercise the powers conferred by the code of criminal procedure, 5 of , upon an officer in charge of a police station for the investigation of a cognizable offence.

section 27. of the manipur sales of motor spirit and lubricants taxation act : any officer or person exercising powers under this act, who a without reasonable ground of suspicion, enters or searches, or causes to be entered or searched, any building, vessel, vehicle or place or b vexatiously or unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this act or c vexatiously and unnecessarily detains or searches any person shall be punishable with fine which may extend to five hundred rupees.

section 29. of the manipur sales of motor spirit and lubricants taxation act : 1 subject to such conditions as may be prescribed, the commissioner may, either before or after the institution of criminal proceedings under this act, accept from the person who has committed or is reasonably suspected of having committed an offence under this act or the rules made thereunder, by way of composition of such offence a where the offence consists of the failure to pay, or the evasion of, any tax recoverable under this act, in addition to the tax so recoverable, a sum of money not exceeding one thousand rupees or double the amount of the tax recoverable, whichever is greater, and b in any other case a sum of money not exceeding one thousand rupees in addition to the tax recoverable, 2 on the payment of such sum of money and the tax, if any, payable under section 3 to the commissioner, such person shall be discharged, the property seized, if any, shall be released and no further proceedings shall be taken against such person or property in respect of such offence.

section 30. of the manipur sales of motor spirit and lubricants taxation act : no court shall take cognizance of any offence under this act, or under the rules made thereunder except with the previous sanction of the commissioner, and no court inferior to that of a magistrate of the first class shall try any such offence.

section 36. of the manipur sales of motor spirit and lubricants taxation act : 1 the chief commissioner may, subject to the condition of previous publication, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for a all matters expressly required or allowed by this act to be prescribed b the recovery of the tax leviable under this act c the circumstances and the manner in and the conditions under which refunds may be made and for the cancellation of erroneous refunds d the maintenance of records and books and the submission of returns and the form of such records, books and returns e the authority to which appeals against any order under this act may be preferred and the fees to be charged in connection therewith f applications for revisions under this act and the fees to be charged in connection therewith g the issue of notices under this act h the fees, if any, for certificates granted under this act. 3 rules made under this act may provide that a breach of any of them shall be punishable with fine not exceeding one thousand rupees or with imprisonment not exceeding three months or with both, and when the offence is a continuing offence, with a daily fine which may extend to one hundred rupees for every day during which the offence continues. 4 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 31. of the manipur sales of motor spirit and lubricants taxation act : 1 no suit, prosecution or other legal proceedings shall be instituted against any officer of the government for anything done or intended to be done in good faith under this act or the rules made thereunder. 2 no suit shall be instituted against the government and no suit, prosecution or other proceeding shall be instituted against any officer of the government in respect of anything done or intended to be done, under this act unless the suit, prosecution or other proceeding is instituted within four months from the date of the act complained of.

section 32. of the manipur sales of motor spirit and lubricants taxation act : subject to such restrictions and conditions as may be prescribed, the commissioner may, by notification in the official gazette, delegate any of his powers under this act to any person appointed under section 4 to assist him

section 37. of the manipur sales of motor spirit and lubricants taxation act : the assam sales of motor spirit and lubricants taxation act, , as extended to manipur shall stand repealed: provided that such repeal shall not affect a the previous operation of the said act or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under the said act or c any penalty, forfeiture or punishment incurred in respect of any offence committed against the said act or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid: provided further that anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, certificate of registration granted under the act hereby repealed shall be deemed to have been done or taken under the corresponding provision of this act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this act.

section 33. of the manipur sales of motor spirit and lubricants taxation act : in computing the period of limitation prescribed for an appeal or revision, the day on which the order complained of was served and the time requisite for obtaining a certified copy of such order, shall be excluded.

section 34. of the manipur sales of motor spirit and lubricants taxation act : if any dealer a sells or otherwise disposes of his business or any part of his business or any place of business or effects or comes to know of any other change in the ownership of the business, or b discontinues his business or changes his place of business or opens a new place of business, or c changes the name or nature of his business, he shall within the prescribed time inform the commissioner accordingly, and if any such dealer dies, his legal representative shall in like manner inform the commissioner.

section 35. of the manipur sales of motor spirit and lubricants taxation act : any order passed or notice issued under this act, shall be served a by tendering the order or notice or sending it by registered post to the dealer for whom it is intended or to his agent or b if the order or notice cannot be served in the manner provided in clause a, by affixing it on the outer door or some other conspicuous part of the last known premises of the dealer.

section 6. of the union territories direct election to the house of the people act : the sitting member representing each union territory shall continue to represent that union territory until the dissolution of the present house of the people and if before such dissolution the seat allotted to a union territory in the house of the people becomes vacant it shall be filled by a person nominated by the president and that person shall represent the union territory in the present house of the people until its dissolution.

The Union Territories (Direct Election to the House of the People) Act, 1965

section 1. of the union territories direct election to the house of the people act : this act may be called the union territories direct election to the house of the people act, .

section 5. of the union territories direct election to the house of the people act : amendment of act 43 of . rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 2. of the union territories direct election to the house of the people act : in this act a parliamentary constituency has the same meaning as in the representation of the people act, 43 of b sitting member means a person who immediately before the commencement of this act is a member of the house of the people c union territory means any of the union territories of the andaman and nicobar islands, 1 lakshadweep and dadra and nagar haveli. 1. subs. by the laccadive, minicoy and aminidivi islands alteration of name adaptation of laws order, w.e.f. .

section 3. of the union territories direct election to the house of the people act : at the next general election to the house of the people and thereafter, the seats allotted under section 3 of the representation of the people act, 43 of to the union territories in the house of the people shall be seats to be filled by persons chosen by direct election and for that purpose each union territory shall form one parliamentary constituency.

section 4. of the union territories direct election to the house of the people act : amendment of act 43 of . rep. by the repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 8. of the river boards act : the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this act.

section 1. of the river boards act : 1 this act may be called the river boards act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 15th may, , vide notification no. eli452 17/57, dated 11th may, , see gazette of india, extraordinary, part ii, sec. 1. 1st october, , vide reg. 7 of , s. 3 and the first schedule in respect of pondicherry. 1st july , vide reg. 6 of , s. 2 and the first schedule extended to and brought into force in respect of the dadra and nagar haveli.

section 7. of the river boards act : if any member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the central government may appoint another person to act in his place.

section 5. of the river boards act : 1 the board shall consist of a chairman and such other members as the central government thinks fit to appoint. 2 a person shall not be qualified for appointment as a member unless, in the opinion of the central government, he has special knowledge and experience in irrigation, electrical engineering flood control, navigation, water conservation, soil conservation administration or finance.

section 9., not to invalidate acts or proceedings. of the river boards act : no act or proceeding of the board shall be deemed to be invalid by reason only of the existence of any vacancy in the board or any defect in the appointment of a member thereof.

section 3. of the river boards act : in this act, unless the context otherwise requires, a board means a river board establishment under section 4 b governments interested, in relation to a board, means the governments of those states which, in the opinion of the central government, are likely to be interested in, or affected by, the functions of the board under this act c member means a member of a board and includes its chairman d prescribed means prescribed by rules made under this act.

section 4. of the river boards act : 1 the central government may, on a request received in this behalf from a state government or otherwise, by notification in the official gazette, establish a river board for advising the governments interested in relation to such matters concerning the regulation or development of an interstate river or river valley or any specified part thereof and for performing such other functions as may be specified in the notification, and different boards may be established for different interstate rivers or river valleys: provided that no such notification shall be except after consultation with the governments interested with respect to the proposal to establish the board, the persons to be appointed as members thereof and the functions which the board may be empowered to perform. 2 a board may be established under such name as may be specified in the notification under subsection 1. 3 every board so established shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued. 4 every board shall exercise its jurisdiction within such limits of the river including its tributaries, if any or river valley as may be specified in the notification under subsection 1 and the area so specified shall be called the area of operation of the board.

section 10. of the river boards act : the board may, from time to time, appoint one or more advisory committee or committees for the purpose of enabling it to carry out of its functions under this act.

section 6. of the river boards act : 1 a member shall, unless his appointment is terminated earlier by the central government, hold office for such period as may be notified in this behalf by the central government in the official gazette, and shall, on the expiry of the term of his office be eligible for reappointment. 2 a member may resign his office by writing under his hand addressed to the central government, but he shall continue in office until the appointment of his successor is notified in the official gazette. 3 a casual vacancy created by the resignation of a member under subsection 2 or for any other reason shall be filled by fresh appointment. 4 a member may be appointed either as a wholetime or parttime member as the central government thinks fit. 5 the terms and conditions of service of the chairman and other members shall be such as may be prescribed.

section 2. of the river boards act : it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of interstate rivers and river valleys, to the extent hereinafter provided.

section 18. of the river boards act : 1 the board shall have its own fund, and all sums which may, from time to time, be paid to it by the central government or a state government and all other receipts of the board shall be carried to the fund of the board and all payments by the board shall be made therefrom. 2 the board may expend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the board.

section 11. of the river boards act : 1 the board may associate with itself in such manner and for such purposes as may be determined by regulations made under this act any person whose assistance or advice it may desire in performing any of its functions under this act. 2 a person associated with the board under subsection 1 for any purpose shall have a right to take part in the discussions of the board relevant to that purpose, but shall not have a right to vote at a meeting of the board, and shall not be a member for any other purpose.

section 12. of the river boards act : subject to such rules as may by the central government in this behalf, the board may, for the purpose of enabling it to efficiently perform its functions or exercise its powers under this act, appoint such officers as it may think fit and determine their functions and terms and conditions of service.

section 13. of the river boards act : a board may be empowered under subsection 1 of section 14 to perform all or any of the following functions, namely: a advising the governments interested on any matter concerning the regulation or development of any specified interstate river or river valley within its area of operation and in particular, advising them in relation to the coordination of their activities with a view to resolve conflicts among them and to achieve maximum results in respect of the measures undertaken by them in the interstate river or river valley for the purpose of i conservation, control and optimum utilisation of water resources of the interstate river ii promotion and operation of schemes for irrigation, water supply or drainage iii promotion and operation of schemes for the development of hydroelectric power iv promotion and operation of schemes for flood control v promotion and control of navigation vi promotion of afforestation and control of soil erosion vii prevention of pollution of the waters of the interstate river viii such other matters as may be prescribed b preparing schemes, including multipurpose schemes, for the purpose of regulating or developing the interstate river or river valley and advising the governments interested to undertake measures for executing the scheme prepared by the board c allocating among the governments interested the costs of executing any scheme prepared by the board and of works undertaken in the execution of the scheme d watching the progress of the measures undertaken by the governments interested e any other matter which is supplemental, incidental or consequential to any of the above functions.

section 17. of the river boards act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the board in each financial year such sums as the central government may consider necessary for the performance of the functions of the board under this act.

section 14. of the river boards act : 1 the central government, after consultation with the governments interested, may, by notification in the official gazette, empower the board to perform all or such of the functions under section 13 as may be specified in the notification. 2 the board shall exercise its powers and perform all the functions which it is empowered to do by or under this act within its area of operation. 3 in performing its functions under this act, the board shall consult the governments interested at all stages and endeavour to secure, as far as may be practicable, agreement among such governments.

section 20. of the river boards act : the board shall prepare, in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and the governments interested and the central government shall cause every such report to be laid before both houses of parliament.

section 15. of the river boards act : 1 where any board has been empowered to perform functions under clause b of section 13, the board may, from time to time, prepare schemes, not inconsistent with its functions under this act, for the purpose of regulating or developing any interstate river or river valley within its area of operation. 2 after preparing any such scheme, the board shall consult the governments interested and the central government in respect of the scheme and after considering their suggestions, if any, the board may confirm, modify or reject the scheme. 3 the scheme as confirmed or modified under subsection 2 shall thereupon become final and shall be called the approved scheme. 4 before any scheme is approved, the board shall take into account the costs likely to be incurred in undertaking measures for executing the scheme and in maintaining any works to be undertaken in the execution of the scheme and the costs shall be allocated among the governments interested in such proportion as may be agreed or, in default of agreement, as may be determined by the board having regard to the benefits which will be received from the scheme by them. 5 every approved scheme shall be forwarded to the governments interested and the board may advise them to undertake measures for executing the scheme and a copy of the approved scheme shall also be forwarded to the central government. 6 the central government may, on a request received in this behalf from any government interested or otherwise, assist the governments interested in taking such steps as may be necessary for the execution of the scheme.

section 21. of the river boards act : 1 the board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed. 2 the accounts of the board shall be audited at such time and in such manner as may be prescribed.

section 16. of the river boards act : for the purpose of efficiently performing its functions under this act, every board may, within its area of operation, a acquire, hold and dispose of such property, both movable and immovable, as it deems necessary b undertake such preliminary investigation or surveys or other measures as it deems necessary c inspect or cause to be inspected any works undertaken by any government interested concerning the regulation or development of the interstate river or river valley d conduct and coordinate research or various aspects of the conservation, regulation or utilisation of water resources, such as water power generation, irrigation, navigation, flood control, soil conservation, land use and connected structural and design features e collect such topographical, meteorological, hydrological and subsoil water data as it deems necessary f publish statistics or other information relating to the various aspects of the regulation or development of the interstate river or river valley g require any government interested to furnish such information as the board may require in relation to i the measures undertaken by that government for the regulation or development of the interstate river or river valley ii the topographical, meteorological, hydrological and subsoil water data iii such other matters as may be prescribed.

section 23. of the river boards act : the board shall furnish to the central government such returns, statistics, accounts and other information with respect to its fund or activities as the central government may from time to time require.

section 19. of the river boards act : the board shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government and the governments interested.

section 25. of the river boards act : all members and officers of a board shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 22. of the river boards act : 1 where any dispute or difference arises between two or more government interested with respect to a any advice tendered by the board under this act b any measurers undertaken by any government interested in pursuance of any advice tendered by the board c the refusal or neglect of any government interested to undertake any measurers in pursuance of any advice tendered by the board d the sharing of benefits or financial liabilities arising out of any advice tendered by the board e any other matter covered by this act or touching or arising out of it, any of the governments interested may, in such form and in such manner as may be prescribed, refer the matter in dispute to arbitration. 2 the arbitrator shall be person to be appointed in this behalf by the chief justice of india from among persons who are, or have been, judges of the supreme court or are judges of a high court. 3 the arbitrator may appoint two or more persons as assessors to assist him in the proceeding before him. 4 the decision of the arbitrator shall be final and binding on the parties to the dispute and shall be given effect to by them. 5 nothing in the arbitration act, 10 of , shall apply to arbitrations under this section.

section 24. of the river boards act : the board may, by general or special order in writing, delegate to the chairman or any other member of any officer of the board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary for the efficient running of the dayto day administration of the board.

section 26. of the river boards act : no suit or other legal proceeding shall lie against any member or officer of a board in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 29. of the river boards act : 11 the board may, with the previous approval of the central government, by notification in the gazette of india, make regulations, not inconsistent with this act or the rules made thereunder a regulating the meetings of the board and the procedure for conducting business thereat b regulating the manner in which, and the purposes for which, advisory committees may be appointed c regulating the manner in which and the purposes for which persons may be associated with the board under section 11 d determining the terms and conditions of service of the members of advisory committees, of persons associated with the board under section 11 and of all officers appointed by the board. 22 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. section 29 renumbered as subsection 1 of that section by s. 2 and the schedule, ibid. w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 27. of the river boards act : 1 when the central government is of opinion that a board has performed its functions under this act, the central government, after consultation with the governments interested, may, by notification in the official gazette, declare that the board shall be dissolved from such date as may be specified in this behalf in such notification and the board shall be deemed to have been dissolved accordingly. 2 on the dissolution of the board by a notification under subsection 1, a all properties, funds and dues which are vested in, or realisable by, the board shall vest in, and be reliable by, such government or authority as may be specified in the said notification and b all liabilities which are enforceable against the board shall be enforceable only against the government or authority specified in the said notification.

section 28. of the river boards act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salaries, allowances and conditions of service of members of the board b the matters in respect of which a board may tender advice to the governments interested under subclause viii of clause a of section 13 c the matters in respect of which the board may require a government interested to furnish information d the manner in which the central government may assist the governments interested to execute any scheme prepared by the board e the form in which, and the time within which, the budget and annual report of the board may be prepared and forwarded to the central government and the governments interested f the form and manner in which the accounts of the board may be maintained, and the time at which, and the manner in which, such accounts may be audited g the returns and information which the board may be required to furnish to the central government h the form and manner in which a dispute may be referred to arbitration under this act i the procedure to be followed in arbitration proceedings under this act j the manner of recruitment of the officers of a board and the terms and conditions of service of such officers k any other matter which has to be, or may be prescribed 13 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 1., under superintendence, and to open drains. of the oriental gas company act : in the town of calcutta and its environs, and in any other town or place to which the provisions of this act may hereafter be extended, by a law to be passed for that purpose, the oriental gas company, limited, under such superintendence as is hereinafter specified, may open and break up the soil and pavement of the several streets and bridges, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits pipes, conduits, servicepipes, and other works, and from time to time repair, alter, or remove the same, and also make any sewers that may be necessary for carrying off the washings and waste liquids which may arise in the making of the gas and, for the purposes aforesaid, may remove and use all earth and materials in and under such streets and bridges and they may in such streets erect any pillars, lamps, and other works, and do all other acts which the said company shall from time to time deem necessary for supplying gas to the inhabitants of the said town of calcutta and its environs, or other town or place as aforesaid, doing as little damage as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution of such powers.

section 8. of the oriental gas company act : the clerk, engineer, or other officer duly appointed for the purpose by the said company, may, at all reasonable times, enter any buildings or place lighted with gas supplied by the said company, in order to inspect the meters, fittings, and works for regulating the supply of gas, and for the purpose of ascertaining the quantity of gas consumed or supplied and if any person hinder such officer as aforesaid from entering and making such inspection as aforesaid at any reasonable time, he shall, for every such offence, forfeit to the said company a sum not exceeding fifty rupees.

section 2. of the oriental gas company act : provided always, that nothing herein shall authorise or empower the said company to lay down or place any pipe or other works into, through, or against any building, or in any land not dedicated to public use, without the consent of the owners and occupiers thereof except that the said company may at any time enter upon and lay or place any new pipe in the place of an existing pipe, in any land wherein any pipe has been already lawfully laid down or placed in pursuance of this act, and may repair or alter any pipe so laid down.

section 4. if persons having the control, etc. of the oriental gas company act : no such street, bridge, sewer, drain, or tunnel shall, except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer, and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by a magistrate and such magistrate may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the said company to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain: provided always that, if the persons having such control or management as aforesaid, and their officer, fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said companys intention as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said company may perform the work specified in such notice without the superintendence of such persons or their officer.

section 5. of the oriental gas company act : when the said company open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall, with all convenient speed, complete the work for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, and carry away the rubbish occasioned thereby and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for the warning of passengers, to be set up and maintained against or near such road or pavement where the same shall be open or broken up, every night during which the same shall be continued open or broken up and shall keep the road or pavement which has been so broken up in good repair for three months after replacing and making good the same, and for such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

section 7. expense how to be ascertained and recovered. of the oriental gas company act : if any such delay or omission as aforesaid take place, the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such delay or omission shall take place, may cause the work so delayed or omitted to be executed and the expense of executing the same shall be repaid to such persons by the said company and the amount of such expense shall, in case of any dispute about the same, be ascertained and recovered in calcutta and in any other town or place subject to the jurisdiction of any of her majestys courts of judicature, in the manner in which expenses are ascertained and recovered under act 14 of , and in any town or place not within the jurisdiction of any of her majestys courts, in the same manner as damages are recoverable under this act. 1. rep. by act 16 of .

section 6. of the oriental gas company act : if the said company open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the said company are hereby authorised to perform such works without any superintendence or notice or if the said company make any delay in completing any such work, or in filling in the ground or reinstating and making good the road or pavement, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of three months next after the same shall have been made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel, in respect of which such default is made, a sum not exceeding fifty rupees for every such offence, and they shall forfeit an additional sum not exceeding fifty rupees for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof.

section 3., before breaking up streets or opening drains. of the oriental gas company act : before the said company proceed to open or break up any street, bridge, sewer, drain, or tunnel, they shall give to the municipal commissioners for the town of calcutta, or other persons under whose control or management the same may be, or to their clerk, surveyor, or other officer, notice in writing of their intention to open or break up the same, not less than three clear days before beginning such work except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work, or the necessity for the same shall have arisen.

section 13. of the oriental gas company act : every person who shall wilfully remove, destroy, or damage any pipe, pillar, post, plug, lamp, or other work of the said company for supplying gas, or who shall wilfully extinguish any of the public lamps or lights, or waste or improperly use any of the gas supplied by the said company, shall, for each such offence, forfeit to the said company any sum not exceeding fifty rupees, in addition to the amount of the damage done.

section 9. of the oriental gas company act : if any person supplied with gas, or any person to whom any meter or fitting shall have been let for hire by the said company, neglect to pay the rent due for the same to the said company, the said company may stop the gas from entering the premises of such person, by cutting off the servicepipes, or by such means as the said company shall think fit, and recover the rent due from such person, together with the expenses of cutting off the gas, by action in any court of competent jurisdiction.

section 10. of the oriental gas company act : in all cases in which the said company are authorised to cut off and take away the supply of gas from any house or building or premises under the provisions of this act, the said company, their agents or workmen, after giving twentyfour hours previous notice to the occupier, may enter into any such house, building, or premises, between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, fittings, or other works, the property of the said company.

section 16. of the oriental gas company act : whenever any gas shall escape from any pipe, laid down or set up by or belonging to the said company, they shall, immediately after receiving notice thereof in writing, prevent such gas from escaping and in case the said company shall not, within twentyfour hours next after service of such notice, effectually prevent the gas from escaping, and wholly remove the cause of complaint, they shall for every such offence forfeit the sum of fifty rupees for each day during which the gas shall be suffered to escape, after the expiration of twentyfour hours from the service of such notice.

section 11. of the oriental gas company act : any meter or fitting let for hire by the said company shall not be subject to distress for rent or revenue or any rate due upon the premises where the same may be used, nor be taken in execution under any process of a court of law or equity, or any proceeding in insolvency against the person in whose possession the same may be.

section 12. of the oriental gas company act : every person who shall lay, or cause to be laid, any pipe to communicate with any pipe belonging to the said company, without their consent, or shall fraudulently injure any such meter as aforesaid, or who, in case the gas supplied by the said company is not ascertained by meter, shall use any burner other than such as has been provided or approved of by the said company, or of larger dimensions than he has contracted to pay for, or shall keep the lights burning for a longer time than he has contracted to pay for, or shall otherwise improperly use or burn the gas, or shall supply any other person with any part of the gas supplied to him by the said company, shall forfeit to the said company the sum of fifty rupees for every such offence, and also the sum of twenty rupees for every day such pipe shall so remain, or such works or burner shall be so used, or such excess be so committed or continued, or such supply furnished and the said company may take off the gas from the house and premises of the person so offending, notwithstanding any contract which may have been previously entered into.

section 17. of the oriental gas company act : whenever any water shall be fouled by the gas of the said company, they shall forfeit to the person whose water shall be so fouled for every such offence a sum not exceeding two hundred rupees, and a further sum, not exceeding one hundred rupees, for each day during which the offence shall continue, after the expiration of twentyfour hours from the service of notice of such offence.

section 14. of the oriental gas company act : every person who shall carelessly or accidentally break, throw down, or damage any pipe, pillar, or lamp belonging to the said company, or under their control, shall pay such sum of money by way of satisfaction to the said company for the damage done, not exceeding fifty rupees, as any magistrate shall think reasonable.

section 19. of the oriental gas company act : if upon any such examination it appears that such water has been fouled by any gas belonging to the said company, the expenses of the digging, examination, and repair of the street or place disturbed in any such examination shall be paid by the said company but if upon such examination, it appear that the water has not been fouled by the gas of the said company, the person causing such examination to be made, shall pay all such expenses, and shall also make good to the said company any injury which may be occasioned to their works by such examination.

section 15. daily penalty during the continuance of the offence. of the oriental gas company act : if the said company shall at any time cause or suffer to be brought, or to flow into any stream, reservoir, aqueduct, pond, or place for water, or into any drain communicating therewith, any washing or other substance produced in making or supplying gas, or shall wilfully do any act connected with the making or supplying of gas, whereby the water in any such stream, reservoir, aqueduct, pond, on place for water, shall be fouled, the said company shall forfeit for every such offence a sum not exceeding one thousand rupees and they shall forfeit an additional sum not exceeding five hundred rupees for each day during which such washing or other substance shall be brought or shall flow, or the act by which such water shall be fouled shall continue, after the expiration of twentyfour hours from the time when notice of the offence shall have been served on the said company, by the person into whose water such washing or other substance shall be brought or shall flow, or whose water shall be fouled thereby and such penalties shall be paid to such lastmentioned person.

section 22., to be kept for inspection at the office of the company in calcutta and in the office of the registrar of joint stock companies, or the keeper of the records of the supreme court at fort william. of the oriental gas company act : a copy of the original deed of association of the said company, and of every other instrument registered under the said joint stock companies act, , as constituting the regulations of the said company, and a copy of every special resolution of a general meeting whereby any change shall have been, or at any time shall be made in the regulations of the said company, shall be kept at the office of the said company in calcutta, and shall there be open to the inspection of all persons during the usual hours of business of the said office and a copy of such original deed of association, and of every other such instrument, and of every special resolution as aforesaid, shall also be deposited by the said company as soon as it can be done after the passing of this act, or after the making of any such special resolution hereafter to be made, in the office of the registrar of joint stock companies, or, if there be no such officer, in the office of the keeper of the records of the supreme court of judicature at fort william1 , and shall there be filed and an examined copy of any such filed copy as aforesaid, certified by and under the hand of the registrar of joint stock companies, or of the keeper of the records of the said supreme court, shall be good and sufficient evidence of each such original deed, instrument, or special resolution, in all actions, suits, and proceedings whatsoever, whether civil or criminal, to be had in any court of justice or before any magistrate, or revenue or other officer, and whether acting judicially or in any proceedings preliminary to a judicial inquiry, throughout the territories of the east india company 1. now high court at calcutta.

section 18. of the oriental gas company act : for the purpose of ascertaining whether such water be fouled by the gas of the said company, the person to whom the water supposed to be fouled shall belong, may dig up the ground, and examine the pipes, conduits, and works of the said company provided that such person, before proceeding so to dig and examine, shall give twentyfour hours notice in writing to the said company of the time at which such digging and examination is intended to take place, and shall give the like notice to the persons having the control or management of the road, pavement, or place where such digging is to take place, and they shall be subject to the like obligation of reinstating the said road and pavement, and the same penalties for delay, or any nonfeasance or misfeasance therein, as are hereinbefore provided with respect to roads and pavements broken up by the said company, for the purpose of laying their pipes.

section 25. of the oriental gas company act : all penalties, forfeitures, damages, and expenses adjudged due under this act, if the amount be not otherwise paid, may be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from such goods and chattels, after satisfying such amount and the expenses of the distress and sale, shall be returned on demand to the party whose goods shall have been distrained or instead of proceeding by distress and sale, or in case of failure to realise by distress the whole or any part of any penalties, forfeitures, damages, or expenses imposed or incurred under the provisions of this act, the person claiming such penalty, forfeiture, damage, or expenses, may sue the person liable to pay the same in any court of competent jurisdiction.

section 20. of the oriental gas company act : the amount of the expenses of every such examination and repair, and of any injury done to the said company, shall, in case of any dispute about the same, together with the costs of ascertaining and recovering the same, be ascertained and recovered in the manner prescribed for the ascertainment and recovery of expenses in section 7 of this act.

section 21. of the oriental gas company act : nothing in this act contained shall prevent the said company from being liable to an indictment for nuisance, or to any other legal proceedings to which they may be liable in consequence of making or supplying gas.

section 27.interpretation of the oriental gas company act : the following words and expressions used in this act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction that is to say: words importing the singular number only shall include the plural number and words importing the plural number only shall include also the singular number. words importing the masculine gender shall include females. the word person shall include a corporation, whether aggregate or sole. the word street shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place. the word magistrate shall include any magistrate of police, and any joint magistrate or other person lawfully exercising the powers of magistrate, acting at or for the place or district where the matter requiring the cognizance of any such magistrate arises.

section 23. of the oriental gas company act : all services of mesne or other process, and all notices whatsoever, which, by law or by the practice of any court wherein the said company shall sue or be sued, are required to be made, served, or given for any purpose whatsoever to the said company, shall and may be made, served, and given, in addition to all ways and means by which the same may otherwise be legally made, served, and given, by leaving the same addressed to the managing agent of the said company at the office in calcutta of the said company.

section 24. of the oriental gas company act : all penalties and forfeitures imposed by this act, and all damages and expenses the recovery of which is not specially provided for, may be recovered by summary proceeding before a magistrate.

section 26. of the oriental gas company act : no distress levied by virtue of this act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall any such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him but all persons aggrieved by any irregularity may recover full satisfaction for the special damage in any court of competent jurisdiction.

section 7. of the chandigarh disturbed areas act : 1 the chandigarh disturbed areas ordinance, 6 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the chandigarh disturbed areas act : 1 this act may be called the chandigarh disturbed areas act, . 2 it extends to the whole of the union territory of chandigarh. 3 it shall be deemed to have come into force on the 7th day of october, .

section 2. of the chandigarh disturbed areas act : in this act, a administrator means the administrator of the union territory of chandigarh appointed under article 239 of the constitution b disturbed area means the area which is for the time being declared by notification under section 3 to be a disturbed area.

section 4. of the chandigarh disturbed areas act : any magistrate or police officer not below the rank of subinspector or havildar in case of the armed branch of the police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, fire upon, or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances.

section 3. of the chandigarh disturbed areas act : the administrator may, by notification in the official gazette, declare that the whole or any part of the union territory of chandigarh as may be specified in the notification, is a disturbed area.

section 5. of the chandigarh disturbed areas act : any magistrate or police officer not below the rank of a subinspector may, if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made or any structure used as training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence.

section 6. of the chandigarh disturbed areas act : no suit, prosecution or other legal proceedings shall be instituted except with the previous sanction of 1 the central governmentagainst any person in respect of anything done or purporting to be done in exercise of the powers conferred by sections 4 and 5. 1 subs. by act 15 of , s. 2,for the administrator w.e.f. .

section 8.. of the indian christian marriage act : marriage registrars in indian states.omitted by the a. o. .

section 1. of the indian christian marriage act : this act may be called the indian christian marriage act, . extent.1it extends to the whole of india 2except 3the territories which, immediately before the 1st november, , were comprised in the states of travancorecochin, manipur and 4.5 6 1. subs. by a.o. for the second para., as amended by a. o. and a.o. : note: the act does not extend to the state of manipur, vide act 30 of , s. 32a and sch. as amended by act 68 of , s. 2. the act has been extended to and brought into force in dadra and nagar haveli w.e.f. by reg. 6 of , s. 2 and sch. i. 2. subs. by act 3 of , s. 3 and sch., for except part b states. 3. subs. by the adaption of laws no. 2 order, , for the states. 4. the words state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . . 5. in its application to pondicherry, in section 1, the following proviso shall be added at the end of section 1 provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. vide act 26 of . 6. the commencement cl. rep. by act 16 of , s. 1 and the schedule.

section 2.. of the indian christian marriage act : enactments repealed.rep. by the repealing act, 1 of , s. 2 and the schedule.

section 7. of the indian christian marriage act : the state government may appoint one or more christians, either by name or as holding any office for the time being, to be the marriage registrar or marriage registrars for any district subject to its administration. senior marriage registrar.where there are more marriage registrars than one in any district, the state government shall appoint one of them to be the senior marriage registrar. magistrate when to be marriage registrar.when there is only one marriage registrar in a district, and such registrar is absent from such district, or ill, or when his office is temporarily vacant, the magistrate of the district shall act as, and be, marriage registrar thereof during such absence, illness, or temporary vacancy. state amendment karnataka in section 7, for the words, magistrate of the district the words district magistrate shall be substituted. vide karnataka act 13 of , s. 67 and schedule

section 3. of the indian christian marriage act : in this act, unless there is something repugnant in the subject or context, church of england anglican.mean and apply to the church of england as by law established church of scotland.means the church of scotland as by law established church of rome roman catholic.mean and apply to the church which regards the pope of rome as its spiritual head church.includes any chapel or other building generally used for public christian worship 1india.means the 2territories to which this act extends minor.minor means a person who has not completed the age of twentyone years and who is not a widower or a widow 3 christians.the expression christians means persons professing the christian religion indian christians.4and the expression indian christians includes the christian descendants of natives of india converted to christianity, as well as such converts 5registrar general of births, deaths and marriages.means a registrar general of births,deaths and marriages appointed under the births, deaths and marriages registration act, 6 of . 1. ins. by act 3 of , s. 3 and sch. 2. subs. by the adaptation of laws no. 2 order, , for territory comprised in the states. 3. the definition of native state omitted. by the a. o. . 4. subs. by a. o. , for the definition. 5. ins. by act 6 of , s. 30.

section 6. of the indian christian marriage act : 1grant and revocation of licenses to solemnize marriages.the state government, so far as regards the territories under its administration, 2 may, by notification in the official gazette 3 , grant licenses to ministers of religion to solemnize marriages within such territories 4 and may, by a a like notification revoke such licenses. 1. subs. by act 2 of , s. 1, for s. 6. 2. the words and the central government, so far as regards any indian state omitted by the a. o. . 3. the words or in the gazette of india, as the case may be omitted by the a. o. . 4. the words and state, respectively, omitted by the a. o. .

section 4. of the indian christian marriage act : every marriage between persons, one or both of whom is 1or are a christian or christians, shall be solemnized in accordance with the provisions of the next following section and any such marriage solemnized otherwise than in accordance with such provisions shall be void. 1. ins. by act 12 of , s. 2 and the second schedule.

section 5. of the indian christian marriage act : marriages may be solemnized in 1india 1 by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the church of which he is a minister 2 by any clergyman of the church of scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the church of scotland 3 by any minister of religion licensed under this act to solemnize marriages 4 by, or in the presence of, a marriage registrar appointed under this act 5 by any person licensed under this act to grant certificates of marriage between 2indian christians. 1. subs. by act 3 of , s. 3 and sch., for part a states and part c states. 2. subs. by the a. o. , for native christians.

section 9. of the indian christian marriage act : the state government 2 may grant a license to any christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between 1indian christians. any such license may be revoked by the authority by which it was granted, and every such grant or revocation shall be notified in the official gazette. 1. subs. by act 3 of , s. 3 and sch., for part a states and part c states. 2. the words and brackets or so far as regard any indian state the central government omitted by the a. o. .

section 16. of the indian christian marriage act : the marriage registrar or senior marriage registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other marriage registrars in the same district, who shall likewise publish the same in the manner above directed.

section 10. of the indian christian marriage act : every marriage under this act shall be solemnized between the hours of six in the morning and seven in the evening: exceptions.provided that nothing in this section shall apply to 1 a clergyman of the church of england solemnizing a marriage under a special license permitting him to do so at any hour other than between six in the morning and seven in the evening, under the hand and seal of the anglican bishop of the diocese or his commissary, or 2 a clergyman of the church of rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special license in that behalf from the roman catholic bishop of the diocese or vicariate in which such marriage is so solemnized, or from such person as the same bishop has authorized to grant such license, 1or 3 a clergyman of the church of scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the church of scotland. 1. ins. by act 2 of , s. 2.

section 11. of the indian christian marriage act : no clergyman of the church of england shall solemnize a marriage in any place other than a church 1where worship is generally held according to the forms of the church of england, unless there is no 1such church within five miles distance by the shortest road from isuch place, or unless he has received a special license, authorizing him to do so under the hand and seal of the anglican bishop of the diocese or his commissary. fee for special license.for such special license, the registrar of the diocese may charge such additional fee as the said bishop from time to time authorizes. 1. ins. by s. 3, ibid.

section 12. of the indian christian marriage act : whenever a marriage is intended to be solemnized by a minister of religion licensed to solemnize marriages under this act one of the persons intending marriage shall give notice in writing, according to the form contained in the first schedule hereto annexed, or to the like effect, to the minister of religion whom he or she desires to solemnize the marriage, and shall state therein a the name and surname, and the profession or condition, of each of the persons intending marriage, b the dwellingplace of each of them, c the time during which each has dwelt there, and d the church or private dwelling in which the marriage is to be solemnized: provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

section 13. of the indian christian marriage act : if the persons intending marriage desire it to be solemnized in a particular church, and if the minister of religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church. return or transfer of notice.but if he is not entitled to officiate as a minister in such church, he shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some other minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

section 14. of the indian christian marriage act : if it be intended that the marriage shall be solemnized in a private dwelling, the minister of religion, on receiving the notice prescribed in section 12, shall forward it to the marriage registrar of the district, who shall affix the same to some conspicuous place in his own office.

section 15. of the indian christian marriage act : when one of the persons intending marriage is a minor, every minister receiving such notice shall, unless within twentyfour hours after its receipt he returns the same under the provisions of section 13, send by the post or otherwise a copy of such notice to the marriage registrar of the district, or, if there be more than one registrar of such district, to the senior marriage registrar.

section 17. of the indian christian marriage act : any minister of religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made: proviso.provided 1 that no such certificate shall be issued until the expiration of four days after the date of the receipt of the notice by such minister 2 that no lawful impediment be shown to his satisfaction why such certificate should not issue and 3 that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.

section 24. of the indian christian marriage act : the certificate to be issued by such minister shall be in the form contained in the second schedule hereto annexed, or to the like effect.

section 18. of the indian christian marriage act : the certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the minister and made a solemn declaration a that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and when either or both of the parties is or are a minor or minors, b that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in india having authority to give such consent, as the case may be.

section 19. of the indian christian marriage act : the father, if living, of any minor, or, if the father be dead. the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minors marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in india.

section 20. of the indian christian marriage act : every person whose consent to a marriage is required under section 19, is hereby authorized to prohibit the issue of the certificate by any minister, at any time before the issue of the same, by notice in writing to such minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid.

section 25. of the indian christian marriage act : after the issue of the certificate by the minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the minister thinks fit to adopt: provided that the marriage be solemnized in the presence of at least two witnesses besides the minister.

section 21. of the indian christian marriage act : if any such notice be received by such minister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition, or until the said notice is withdrawn by the person who gave it.

section 27. of the indian christian marriage act : all marriages hereafter solemnized in 1india between persons one or both of whom professes or profess the christian religion, except marriages solemnized under part v or part vi of this act, shall be registered in manner hereinafter prescribed. 1. subs. by act 3 of , s. 3 and sch., for a part a state or a part c state.

section 23. of the indian christian marriage act : when any 1indian christians about to be married takes a notice of marriage to a minister of religion, or applies for a certificate from such minister under section 17, such minister shall, before issuing the certificate, ascertain whether such 1indian christians is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall translate or cause to be translated the notice or certificate to such 1indian christian into some language which he understands. 1. subs. by the a. o. , for native christians.

section 22. of the indian christian marriage act : when either of the persons intending marriage is a minor, and the minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.

section 26. of the indian christian marriage act : whenever a marriage is not solemnized within two months after the date of the certificate issued by such minister as aforesaid, such certificate and all proceedings if any thereon shall be void, and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.

section 28. of the indian christian marriage act : every clergyman of the church of england shall keep a register of marriages and shall register therein, according to the tabular form set forth in the third schedule hereto annexed, every marriage which he solemnizes under this act.

section 29. of the indian christian marriage act : every clergyman of the church of england shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the registrar of the archdeaconry to which he is subject, or within the limits of which such place is situate. contents of returns.such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of january to the thirtyfirst day of march, from the first day of april, to the thirtieth day of june, from the first day of july, to the thirtieth day of september, and from the first day of october to the thirtyfirst day of december, of each year, respectively, and shall be sent by such clergyman, within two weeks from the expiration of each of the quarters above specified. the said registrar upon receiving the said returns shall send one copy thereof to the 1 registrar general of births, deaths and marriages. 1. subs. by act 6 of , s. 30, for secretary to the local government..

section 30. of the indian christian marriage act : every marriage solemnized by a clergyman of the church of rome shall be registered by the person and according to the form directed in that behalf by the roman catholic bishop of the diocese or vicariate in which such marriage is solemnized, and such person shall forward quarterly to the 1registrar general of births, deaths and marriages returns of the entries of all marriages registered by him during the three months next preceding. 1. subs. by act 6 of , s. 30, for secretary to the local government..

section 32. of the indian christian marriage act : every marriage solemnized by any person who has received episcopal ordination, but who is not a clergyman of the church of england, or of the church of rome, or by any minister of religion licensed under this act to solemnize marriages, shall immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same that is to say in a marriageregister book to be kept by him for that purpose, according to the form contained in the fourth schedule hereto annexed, and also in a certificate attached to the marriageregisterbook as a counterfoil.

section 35. of the indian christian marriage act : such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a number to be entered by the marriage registrar, indicating the number of the entry of the said copy in the said book, according to the order in which he receives each certificate.

section 33. of the indian christian marriage act : the entry of such marriage in both the certificate and marriageregisterbook shall be signed by the person solemnizing the marriage, and also by the persons married, and shall be attested by two credible witnesses, other than the person solemnizing the marriage, present at its solemnization. every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriageregisterbook.

section 31. of the indian christian marriage act : every clergyman of the church of scotland shall keep a register of marriages, and shall register therein, according to the tabular form set forth in the third schedule hereto annexed, every marriage which he solemnizes under this act, and shall forward quarterly to the 1registrar general of births, deaths and marriages, through the senior chaplain of the church of scotland, returns, similar to those prescribed in section 29, of all such marriages. 1. subs. by act 6 of , s. 30, for secretary to the local government.

section 37. of the indian christian marriage act : when any marriage between 1indian christians is solemnized 2by any such person, clergyman or minister of religion as is referred to in clause 1, clause 2 or clause 3 of section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by sections 28 to 36, both inclusive, register the marriage in a separate registerbook, and shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district. custody and disposal of registerbook. whoever has the control of the book at the time when it is filled, shall send it to the marriage registrar of the district, or, if there be more marriage registrars than one, to the senior marriage registrar, who shall send it to the 3registrar general of births, deaths and marriages, to be kept by him with the records of his office. 1. subs. by the a. o. , for native christians. 2. subs. by act 18 of , s. 2 and the first schedule, for under part i or part iii or this act. 3. subs. by the a. o. , for native christians.

section 34. of the indian christian marriage act : the person solemnizing the marriage shall forthwith separate the certificate from the marriageregisterbook and send it, within one month from the time of the solemnization, to the marriage registrar of the district in which the marriage was solemnized, or, if there be more marriage registrars than one, to the senior marriage registrar, who shall cause such certificate to be copied into a book to be kept by him for that purpose, and shall send all the certificates which he has received during the month, with such number and signature or initials added thereto as are hereinafter required, to the 1registrar general of births, deaths and marriages. 1. subs. by act 6 of , s. 30, for secretary to the local government.

section 36. of the indian christian marriage act : the marriage registrar shall also add such lastmentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and shall, at the end of every month, send the same to the 1registrar general of births, deaths and marriages. 1. subs. by act 6 of , s. 30, for secretary to the local government.

section 38. of the indian christian marriage act : when a marriage is intended to be solemnized by, or in the presence of, a marriage registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the first schedule hereto annexed, or to the like effect, to any marriage registrar of the district within which the parties have dwelt, or, if the parties dwell in different districts, shall give the like notice to a marriage registrar of each district, and shall state therein the name and surname, and the profession or condition, of each of the parties intending marriage, the dwellingplace of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized: provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

section 39. of the indian christian marriage act : every marriage registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office. when one of the parties intending marriage is a minor, every marriage registrar shall, within twentyfour hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of such notice to each of the other marriage registrars if any in the same district, who shall likewise affix the copy in some conspicuous place in his own office.

section 45. of the indian christian marriage act : if any person whose consent is necessary to any marriage under this part is of unsound mind, or if any such person other than the father without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of the towns of calcutta, madras and bombay, to a judge of the high court, or if he is not resident within any of the said towns, then to the district judge. procedure on petition. and the said judge of the high court, or district judge, as the case may be, may examine the allegations of the petition in a summary way and, if upon examination such marriage appears proper such judge of the high court or district judge, as the case may be, shall declare the marriage to be a proper marriage. such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage and, if he has forbidden the issue of the marriage registrars certificate, such certificate shall be issued and the like proceedings may be had under this part in relation to the marriage as if the issue of such certificate had not been forbidden.

section 40. of the indian christian marriage act : the marriage registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that purpose by the state government, and to be called the marriage notice book and the marriage notice book shall be open at all reasonable times, without fee, to all persons desirous of inspecting the same.

section 41. of the indian christian marriage act : if the party by whom the notice was given requests the marriage registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the marriage registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made: proviso. provided that no lawful impediment be shown to his satisfaction why such certificate should not issue that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this act that four days after the receipt of the notice have expired, and further, that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.

section 42. of the indian christian marriage act : the certificate mentioned in section 41 shall not be issued by any marriage registrar, until one of the parties intending marriage appears personally before such marriage registrar, and makes oath1 a that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and b that both the parties have, or where they have dwelt in the districts of different marriage registrars that the party making such oath has, had their, his or her usual place of abode within the district of such marriage registrar, and, where either or each of the parties is a minor, c that the consent or consents to such marriage required by law has or have been obtained thereto, or that there is no person resident in india authorized to give such consent, as the case may be. 1. subs. by act 6 of , s. 30, for secretary to the local government.

section 46. of the indian christian marriage act : whenever a marriage registrar refuses to issue a certificate under this part, either of the parties intending marriage may apply by petition, where the district of such registrar is within any of the towns of calcutta, madras and bombay, to a judge of the high court, or if such district is not within any of the said towns, then to the district judge. procedure on petition. the said judge of the high court, or district judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon. the decision of such judge of the high court or district judge, as the case may be, shall be final, and the marriage registrar to whom the application for the issue of a certificate was originally made shall proceed in accordance therewith.

section 43. of the indian christian marriage act : when one of the parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of calcutta, madras and bombay, and are desirous of being married in less than fourteen days after the entry of such notice as aforesaid, they may apply by petition to a judge of the high court, for an order upon the marriage registrar to whom the notice of marriage has been given, directing him to issue his certificate before the expiration of the said fourteen days required by section 41. order on petition. and on sufficient cause being shown, the said judge may, in his discretion, make an order upon such marriage registrar, directing him to issue his certificate at any time to be mentioned in the said order before the expiration of the fourteen days so required. and the said marriage registrar, on receipt of the said order, shall issue his certificate in accordance therewith.

section 44. of the indian christian marriage act : the provisions of section 19 apply to every marriage under this part, either of the parties to which is a minor protest against issue of certificate. and any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the marriage registrars certificate, by writing, at any time before the issue of such certificate, the word forbidden opposite to the entry of the notice of such intended marriage in the marriage notice book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized. effect of protest. when such protest has been entered, no certificate shall issue until the marriage registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.

section 50. of the indian christian marriage act : the certificate to be issued by the marriage registrar under the provisions of section 41 shall be in the form contained in the second schedule to this act annexed or to the like effect, and the state government shall furnish to every marriage registrar a sufficient number of forms of certificate.

section 49. of the indian christian marriage act : every person entering a protest with the marriage registrar, under this part, against the issue of any certificate, on grounds which such marriage registrar, under section 44, or a judge of the high court or the district judge, under section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.

section 53. of the indian christian marriage act : a marriage registrar before whom any marriage is solemnized under this part may ask of the persons to be married the several particulars required to be registered touching such marriage.

section 47.. of the indian christian marriage act : petition when marriage registrar in indian state refuses certificate. omitted by the a. o. .

section 54. of the indian christian marriage act : after the solemnization of any marriage under this part, the marriage registrar present at such solemnization shall forthwith register the marriage in duplicate that is to say, in a marriageregisterbook, according to the form of the fourth schedule hereto annexed, and also in a certificate attached to the marriageregisterbook as a counterfoil. the entry of such marriage in both the certificates and the marriageregisterbook shall be signed by the person by or before whom the marriage has been solemnized, if there be any such person, and by the marriage registrar present at such marriage, whether or not it is solemnized by him, and also by the parties married, and attested by two credible witnesses other than the marriage registrar and person solemnizing the marriage. every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond with that of the entry in the marriageregisterbook.

section 48. of the indian christian marriage act : whenever a marriage registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said marriage registrar shall apply by petition, where his district is within any of the towns of calcutta, madras and bombay, to a judge of the high court, or if such district be not within any of the said towns, then to the district judge. procedure on petition. the said petition shall state all the circumstances of the case, and pray for the order and direction of the court concerning the same, and the said judge of the high court or district judge, as the case may be, shall examine into the allegations of the petition and the circumstances of the case, and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not authorized by law so to do, such judge of the high court or district judge, as the case may be, shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid, and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as if the issue had not been forbidden. 1 1. omitted by the a. o. .

section 55. of the indian christian marriage act : the marriage registrar shall forthwith separate the certificate from the marriageregisterbook and send it, at the end of every month, to the 1registrar general of births, deaths and marriages. custody of registerbook.the marriage registrar shall keep safely the said registerbook until it is filled, and shall then send it to the 1registrar general of births, deaths and marriages, to be kept by him with the records of his office. 1. subs. by act 6 of , s. 30, for secretary to the local government.

section 51. of the indian christian marriage act : after the issue of the certificate of the marriage registrar, or, where notice is required to be given under this act to the marriage registrars for different districts, after the issue of the certificates of the marriage registrars for such districts, marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate or certificates, be solemnized between them, according to such form and ceremony as they think fit to adopt. but every such marriage shall be solemnized in the presence of some marriage registrar to whom shall be delivered such certificate or certificates as aforesaid, and of two or more credible witnesses besides the marriage registrar: and in some part of the ceremony each of the parties shall declare as follows, or to the like effect: i do solemnly declare that i know not of any lawful impediment why i, a. b., may not be joined in matrimony to c. d. and each of the parties shall say to the other as follows or to the like effect: i call upon these persons here present to witness that i, a. b., do take thee, c. d., to be my lawful wedded wife or husband..

section 52. of the indian christian marriage act : whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the marriage registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void and no person shall proceed to solemnize the marriage, nor shall any marriage registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid.

section 56.. of the indian christian marriage act : officers to whom registrars in indian states shall send certificates. omitted by the a. o.

section 62. of the indian christian marriage act : 162. keeping of registerbook and deposit of extracts therefrom with registrar general. 1 every person licensed under section 9 shall keep in english, or in the vernacular language in ordinary use in the district or state in which the marriage was solemnized, and in such form as the state government by which he was licensed may from time to time prescribe, a registerbook of all marriages solemnized under this part in his presence, and shall deposit in the office of the registrar general of births, deaths and marriages for the territories under the administration of the said state government, in such form and at such intervals as that government may prescribe, true and duly authenticated extracts from his registerbook of all entries made therein since the last of those intervals. 2 1. subs. by act 2 of , s. 4, for s. 62. 2. subsection 2 omitted by the a.o. .

section 57. of the indian christian marriage act : when any 1indian christians about to be married gives a notice of marriage, or applies for a certificate from a marriage registrar, such marriage registrar shall as certain whether the said 1 indian christians understands the english language, and, if he does not, the marriage registrar shall translate, or cause to be translated, such notice or certificate, or both of them, as the case may be, to such 1 indian christians into a language which he understands or the marriage registrar shall otherwise ascertain whether the 1 indian christians is cognizant of the purport and effect of the said notice and certificate. 1. subs. by the a. o. , for native christians.

section 63. of the indian christian marriage act : every person licensed under this act to grant certificates of marriage, and keeping a marriageregisterbook under section 62, shall at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of any entry therein.

section 58. of the indian christian marriage act : when any 1indian christians is married under the provisions of this part, the person solemnizing the marriage shall ascertain whether such 1indian christians understands the english language, and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such 1indian christians, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this act. 1. subs. by the a. o. , for native christians.

section 64. of the indian christian marriage act : the provisions of sections 62 and 63, as to the form of the of registerbook, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the books kept under section 37.

section 59. of the indian christian marriage act : the registration of marriages between 1indian christians under this part shall be made in conformity with the rules laid down in section 37 so far as they are applicable, and not otherwise. 1. subs. by the a. o. , for native christians.

section 66. of the indian christian marriage act : 166. false oath, declaration, notice or certificate for procuring marriage. whoever, for the purpose of procuring a marriage or licence of marriage, intentionally, a where an oath or declaration is required by this act, or by any rule or custom of a church according to the rites and ceremonies of which a marriage is intended to be solemnized, such church being the church of england or of scotland or of rome, makes a false oath or declaration, or, b where a notice or certificate is required by this act, signs a false notice or certificate, shall be deemed to have committed the offence punishable under section 193 of the indian penal code 45 of with imprisonment of either description for a term which may extend to three years and, at the discretion of the court, with fine. 1. subs. by act 2 of , s. 5, for s. 66.

section 60. of the indian christian marriage act : 1, on what conditions marriages of 1indian christians may be certified.every marriage between 1indian christians applying for a certificate, shall, without the preliminary notice required under part iii, be certified under this part, if the following conditions be fulfilled, and not otherwise: 1 the age of the man intending to be a married 2shall not be under 3twentyone years, and the age of the woman intending to be married 4shall not be under 5eighteen years 2 neither of the persons intending to be married shall have a wife or husband still living 3 in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other i call upon these persons here present to witness that. 1, a. b., in the presence of almighty god, and in the name of our lord jesus christ, do take thee, c. d., to be my lawful wedded wife or husband or words to the like effect: 6 1. subs. by the act a.o. , for native christians 2. subs. by act 48 of , s. 3 and the second schedule, for shall exceed sixteen years. 3. subs. by act 2 of , s. 6 and the schedule, for eighteen years w.e.f. . 4. subs. by act 48 of , s. 3 and the second schedule, for shall exceed thirteen years. 5. subs. by act 2 of , s. 6 and schedule, for fifteen years w.e.f. . 6. proviso omitted by s. 6 and the schedule, ibid., w.e.f. .

section 68. of the indian christian marriage act : 168. solemnizing marriage without due authority. whoever, not being authorized by section 5 of of this act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a marriage registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or are a christian or christians, shall be punished with imprisonment which may extend to ten years, or in lieu of a sentence of imprisonment for seven years or upwards with transportation for a term of not less than seven years, and not exceeding ten years, 2 and shall also be liable to fine. 1. subs. by s. 6, ibid., for s. 68. 2. omitted by the a.o. .

section 61. of the indian christian marriage act : when, in respect to any marriage solemnized under this part, the conditions prescribed in section 60 have been fulfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage. the certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.

section 70. of the indian christian marriage act : any minister of religion licensed to solemnize marriages under this act, who, without a notice in writing, or, when one of the parties to the marriage is a minor and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under part iii, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

section 65. of the indian christian marriage act : saving of certain marriages.this part of this act, except so much of sections 62 and 63 as are referred to in section 64, shall not apply to marriages between roman catholics. but nothing herein contained shall invalidate any marriage celebrated between roman catholics under the provisions of part v of act no. 25 of , previous to the twentythird day of february, .

section 67. of the indian christian marriage act : whoever forbids the issue, by a marriage registrar, of a certificate, by falsely representing himself to be a person whose consent to the marriage is required by law, knowing or believing such representation to be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of the indian penal code 45 of .

section 69. of the indian christian marriage act : whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a christian or christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. saving of marriages solemnized under special licence. this section does not apply to marriages solemnized under special licences granted by the anglican bishop of the diocese or by his commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a clergyman of the church of rome, when he has received the general or special license in that behalf mentioned in section 10. 1nor does this section apply to marriages solemnized by a clergyman of the church of scotland according to the rules, rites, ceremonies and customs of the church of scotland. 1. ins. by act 2 of , s. 7.

section 77.what matters need not be proved in respect of marriage in accordance with act of the indian christian marriage act : whenever any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely: 1 any statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law 2 the notice of the marriage 3 the certificate or translation thereof 4 the time and place at which the marriage has been solemnized 5 the registration of the marriage.

section 71. issuing certificate, or marrying, without publication of notice marrying after expiry of notice solemnizing, marriage with minor within fourteen days, without authority of court, or without sending copy of notice issuing certificate against authorized prohibition of the indian christian marriage act : a marriage registrar under this act, who commits any of the following offences: 1 knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this act 12marrying after expiry of notice. after the expiration of two months after the copy of the notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage 3 solemnizing marriage with minor within fourteen days, without authority of court, or without sending copy of notice. solemnizes, without an order of a competent court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the senior marriage registrar of the district if there be more marriage registrars of the district than one, and if he himself be not the senior marriage registrar 4 issuing certificate against authorized prohibition. issues any certificate the issue of which has been prohibited, as in this act provided, by any person authorized to prohibit the issue thereof, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. 1. subs. by act 2 of , s. 81, for clause 2.

section 72. of the indian christian marriage act : any marriage registrar knowingly and wilfully issuing any certificate for marriage after the expiration of 1 two months after the notice has been entered by him as aforesaid, fourteen days after notice, or against authorized prohibition. or knowingly and wilfully issuing, without the order of a competent court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf, shall be deemed to have committed an offence under section 166 of the indian penal code 45 of . 1. subs. by s. 82, ibid., for three months.

section 78. of the indian christian marriage act : every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. and every entry made under this section shall be attested by the witnesses in whose presence it was made. and, in case such certificate has been already sent to the 1registrar general of births, deaths and marriages, such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made. 1. subs. by act 6 of , s. 30, for secretary to a local government.

section 74.unlicensed person granting certificate pretending to be licensed of the indian christian marriage act : whoever, not being licensed to grant a certificate of marriage under part vi of this act, grants such certificate intending thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. 1whoever, being licensed to grant certificates of marriage under part vi of this act, without just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that part shall be punished with fine which may extend to one hundred rupees. 1. ins. by act 2 of , s. 9.

section 73.persons authorized to solemnize marriage other than clergy of churches of england, scotland or rome issuing certificate, or marrying, without publishing notice, or after expiry of certificate issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice issuing certificate authorizedly forbidden solemnizing marriage authorizedly forbidden of the indian christian marriage act : whoever, being authorized under this act to solemnize a marriage, and not being a clergyman of the church of england solemnizing a marriage after due publication of banns, or under a license from the anglican bishop of the diocese or a surrogate duly authorized in that behalf, or, not being a clergyman of the church of scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that church, or, not being a clergyman of the church of rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that church, issuing certificate, or marrying, without publishing notice or after expiry of certificate knowingly and wilfully issues any certificate for marriage under this act, or solemnizes any marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such marriage as directed in part iii of this act, or after the expiration of two months after the certificate has been issued by him issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice. or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the marriage registrar, or, if there be more marriage registrars than one, to the senior marriage registrar of the district issuing certificate authorizedly forbidden. or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this act, by any person authorized to forbid the issue solemnizing marriage authorizedly forbidden. or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.

section 75.destroying or falsifying registerbooks of the indian christian marriage act : whoever, by himself or another, wilfully destroys or injures any registerbook or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom, or falsely makes or counterfeits any part of such registerbook or counterfoil certificates, or wilfully inserts any false entry in any such registerbook or counterfoil certificate or authenticated extract, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

section 76.limitation of prosecutions under act of the indian christian marriage act : the prosecution for every offence punishable under this act shall be commenced within two years after the offence is committed.

section 79.searches and copies of entries of the indian christian marriage act : every person solemnizing a marriage under this act, and hereby required to register the same, and every marriage registrar or 1registrar general of births, deaths and marriages having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this act, shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same. 1. subs. by act 6 of , s. 30, for secretary to a local government.

section 86. of the indian christian marriage act : powers and functions exercisable as regards indian states. omitted by the a.o. .

section 80., to be evidence of the indian christian marriage act : every certified copy, purporting to be signed by the person entrusted under this act with the custody of any marriageregister or certificate, or duplicate, required to be kept or delivered under this act, of any entry of a marriage in such register or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.

section 81. of the indian christian marriage act : 181. certificates of certain marriages to be sent to central government.the registrar general of births, deaths and marriages 2 shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to 3 him, during such quarter, the certificates of the marriages of which 4the government by whom he was appointed may desire that evidence shall be transmitted to england, and shall send the same certificates, signed by 3him to the 5 central government. 1. subs. by act 13 of , s. 2, for s. 81. 2. the words and figures and the officers appointed under section 56 omitted by act 48 of , s. 3 and the second schedule. 3. subs. by s. 3 and the second schedule, ibid., for them respectively. 4. subs. by the a.o. , for the g. g. in c.. 5. subs. by the a.o. , for secretary of state for india.

section 82. of the indian christian marriage act : fees shall be chargeable under this act for receiving and publishing notices of marriages issuing 1certificates for marriage by marriage registrars, and registering marriages by the same entering protests against, or prohibitions of, the issue of 2certificates for marriage by the said registrars searching registerbooks or certificates, or duplicates, of copies thereof giving copies of entries in the same under sections 63 and 79. the state government shall fix the amount of such fees respectively, and may from time to time vary or remit them either generally or in special cases, as to it may seem fit. 1. subs. by act 1 of , s. 3 and the second schedule, for certificates of marriage. 2. subs. by s. 3 and the second schedule, ibid., for marriage certificates.

section 88. of the indian christian marriage act : nothing in this act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.

section 83.power to make rules of the indian christian marriage act : 11 the state government 2 may, by notification in the official gazette, make rules in regard to the disposal of the fees mentioned in section 82, the supply of registerbooks, and the preparation and submission of returns of marriages solemnized under this act. 32 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. section 83 renumbered as subsection 1 thereof by act 20 of , s. 2 and the schedule w.e.f. . 2. subs. by s. 2 and the schedule, ibid., for may make rules w.e.f. . 3. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 85.power to declare who shall be district judge of the indian christian marriage act : the state government may, by notification in the official gazette, declare who shall, in any place to which this act applies, be deemed to be the district judge.

section 84.. of the indian christian marriage act : power to prescribe fees and rules for indian states. omitted by the a.o. .

section 87.saving of consular marriages of the indian christian marriage act : nothing in this act applies to any marriage performed by any minister, consul, or consular agent between subjects of the state which he represents and according to the laws of such state.

section 8. of the lok sahayak sena act : 1 if any volunteer commits any of the following offences, that is to say, i without sufficient cause fails to attend at any place when duly required to do so or ii while in camp on duty a absents himself from the camp without leave b uses criminal force or uses threatening or insubordinate language to a superior officer or assaults a superior officer c disobeys any lawful command of a superior officer d neglects to obey any standing, general or other orders by the officer commanding the camp e uses criminal force to, or assaults, any volunteer or any person subject to the army act, 46 of , or the territorial army act, 56 of f knowingly does any act which is prejudicial to the maintenance of good order or military discipline in camp he shall be punishable summarily by order of the prescribed authority with fine which may extend to fifty rupees or, in default, by being confined to barracks for a term which may extend to seven days. 2 any fine imposed by order of the prescribed authority under subsection 1, may on application made in this behalf by the prescribed authority to a magistrate having jurisdiction in the place where the volunteer resides or has a place of business, be recovered in accordance with the provisions of the code of criminal procedure, 5 of , as if it were a fine imposed by such magistrate.

section 1. of the lok sahayak sena act : 1 this act may be called the lok sahayak sena act, . 2 it extends to the whole of india.

section 2. of the lok sahayak sena act : in this act, unless the context otherwise requires, a camp means any place established under section 4 as a camp where any body of volunteers is for the time being undergoing training b force means the lok sahayak sena constituted under this act c prescribed means prescribed by rules made under this act d superior officer means any officer, junior commissioned officer, warrant officer or noncommissioned officer of the regular army or of the territorial army e volunteer means a person enrolled in the force under this act f all words and expressions used in this act and not defined but defined in the army act, 46 of , or in the territorial army act, 56 of , shall have the meanings respectively assigned to them in the said acts.

section 7. of the lok sahayak sena act : every volunteer shall be entitled to receive his discharge from the force on the expiration of the period for which he was enrolled, but may, prior to the expiration of that period, be discharged from the force by such authority and subject to such conditions as may be prescribed.

section 9. of the lok sahayak sena act : if any volunteer wilfully or negligently causes loss of, or damage to, any property of the government, the prescribed authority may, after giving him an opportunity of being heard and after making such inquiry into the matter as it thinks fit, make an order requiring him to make good the loss or damage within such time as may be specified in the order within such further time as may be allowed by the prescribed authority in this behalf, and where the amount thereof as determined by the prescribed authority is not paid within the time allowed, it shall, on application made by the prescribed authority to the collector of the district in which the volunteer resides or has a place of business, be recovered from him in the same manner as an arrear of land revenue.

section 3. of the lok sahayak sena act : there shall be raised and maintained by the central government a force to be designated the lok sahayak sena by the enrolment of volunteers in the manner hereinafter provided.

section 10. of the lok sahayak sena act : where a volunteer is required by or in pursuance of any rule made under this act to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the volunteer so required to attend failed to do so in accordance with such requirement shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.

section 4. of the lok sahayak sena act : the central government may establish such number of camps for the purposes of the force as it thinks fit and may close down or reestablish any such camps.

section 11. of the lok sahayak sena act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the authorities by which, the manner in which, the period for which, and the conditions subject to which, any person may be enrolled as a volunteer b the training, discipline, duties, and obligations which a volunteer has to undergo, observe, perform or discharge under this act c the authorities by which, and the conditions subject to which, a volunteer may be discharged d the manner in which, and the conditions subject to which, a volunteer may be called out for training or duties e the determination of authorities for the purposes of this act f the officers by whom certificates may be signed under section 10 and g any other matter which under this act is to be or may be prescribed. 13 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 5. of the lok sahayak sena act : any citizen of india not below the age of eighteen years and not above the age of forty years may offer himself for enrolment as a volunteer and may, if he satisfies the prescribed conditions, be enrolled in the prescribed manner by the prescribed authority for such period and subject to such conditions as may be prescribed.

section 6. of the lok sahayak sena act : no person shall, on the ground only of being a volunteer be liable for military service, but subject thereto a volunteer may be called upon to undergo such training as may be prescribed, and while undergoing such training shall perform such duties and discharge such obligations as the prescribed authority may, by general or special order, direct.

section 7a. of the northern indian ferries act : 17a. management may be vested in district council or district or local board.the state government may direct that any public ferry wholly or partly within the area subject to the authority of a district council or a district board or a local board in the state be managed by that council or board, and thereupon that ferry shall be managed accordingly. 1. subs. by the a.o. , for section 7a.

section 1. short title of the northern indian ferries act : this act may be called the northern india ferries act, . local extent.1it extends only to uttar pradesh, punjab, the central provinces, assam, delhi and ajmer. commencement.it shall come into force in each of the said territories on such date as the state government may, by notification in the official gazette, fix in this behalf. 1. subs. by the a.o..

section 7. of the northern indian ferries act : the state government may direct that any public ferry situate within the limits of a town be managed by the officer or public body charged with the superintendence of the municipal arrangements of such town 1and thereupon that ferry shall be managed accordingly. 1. subs by the a.o., for the following words: and may further direct that all or any part of the proceeds from such ferry be paid into the municipal fund of such town and thereupon such ferry shall be managed, and such proceeds or parts thereof shall be paid, accordingly.

section 2.. of the northern indian ferries act : repeal.rep. by the repealing act, 1 of , s. 2 and the schedule.

section 3. of the northern indian ferries act : in this act the word ferry includes also a bridge of boats, pontoons or rafts, a swingbridge, a flyingbridge and a temporary bridge, and the approaches to, and landingplaces of, a ferry 1and punjab and ajmer mean the territories which, immediately before the 1st november, , were comprised in the states of punjab and ajmer respectively. 1. added by the adaptation of laws no. 2 order, .

section 8. of the northern indian ferries act : 18. letting ferry tolls by auction.the tolls of any public ferry may, from time to time, be let by public auction for a term not exceeding five years with the approval of the commissioner, or by public auction, or otherwise than by public auction, for any term with the previous sanction of the state government. the lessee shall conform to the rules made under this act for the management and control of the ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7a, then by that body, to give such security for his good conduct and for the punctual payment of the rent as the officer or body, as the case may be, thinks fit. when the tolls are put up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other bid, or may withdraw the tolls from auction. 1. subs. by act 3 of , s. 1 for section 8.

section 4. of the northern indian ferries act : the state government may from time to time a declare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this act, they shall be deemed to be situate b take possession of a private ferry and declare it to be a public ferry c establish new public ferries where, in its opinion, they are needed d define the limits of any public ferry e change the course of any public ferry and f discontinue any public ferry which it deems unnecessary. every such declaration, establishment, definition, change or discontinuance shall be made by notification in the official gazette: 1provided that when a river lies between two states, the powers conferred by this section shall, in respect of such river, be exercised jointly by the state governments of those states by notifications in their respective official gazettes 2: provided also that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river, such alteration may be made, by an order under his hand, by the commissioner of the division in which such ferry is situate, or by such other officer as the state government may, from time to time, appoint by name or in virtue of his office in this behalf. 1. subs. by act 38 of , s. 2 and the first schedule, pt. i, for the proviso. 2. the words and in any case where the said local governments fail to agree as regards the exercise of any such power they shall exercise such power subject to the control of the g.g. in c. omitted by the a.o. .

section 5. of the northern indian ferries act : claims for compensation for any loss sustained by any person in consequence of a private ferry being taken possession of under section 4, shall be inquired into by the magistrate of the district in which such ferry is situate, or such officer as he appoints in this behalf, and submitted for the consideration and orders of the state government.

section 6. of the northern indian ferries act : the immediate superintendence of every public ferry shall, except as provided in section 7 1and section 7a be vested in the magistrate of the district in which such ferry is situate, or in such other officer as the state government may, from time to time, appoint by name or in virtue of his office in this behalf and such magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary arrangements for the supply of boats for such ferry, and for the collection of the authorised tolls livable threat. 1. ins. in the application of the act to the u.p. by the u.p. local boards act, 14 of , s. 65. the punjab by the punjab district boards act, 20 of , s. 79. the c p. by the c.p. local selfgovernment act, 1 of , s. 44 and assam by the assam local selfgovernment amendment act, assam 8 of , s. 43.

section 9. of the northern indian ferries act : all arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from the lessee or his surety if any by the magistrate of the district in which such ferry is situate as if they were arrears of landrevenue.

section 16. of the northern indian ferries act : the lessee or other person authorised to collect the tolls of any public ferry shall affix a table of such tolls, legibly written or printed in the vernacular language and also, if the commissioner of the division so directs, in english, in some conspicuous place near the ferry. list of tolls.and shall be bound to produce, on demand, a list of the tolls, signed by the magistrate of the district or such other officer as he appoints in this behalf.

section 10. of the northern indian ferries act : the state government may cancel the lease of the tolls of any public ferry on the expiration of six months notice in writing to the lessee of its intention to cancel such lease. when any lease is cancelled under this section, the magistrate of the district in which such ferry is situate shall pay to the lessee such compensation as such magistrate may, with the previous sanction of the state government, award.

section 11. of the northern indian ferries act : the lessee of the tolls of a public ferry may surrender his lease on the expiration of 1 one months notice in writing to the state government of his intention to surrender such lease, and on payment to the magistrate of the district in which such ferry is situate of such compensation as such magistrate, subject to the approval of the commissioner, may in each case direct. 1. read: three months in u.p.vide u.p. act 29 of , s. 2

section 12. of the northern indian ferries act : 11 subject to the control of the state government, the commissioner of a division, or such other officer as the state government may, from time to time, appoint in this behalf, by name or in virtue of his office, may, from time to time, 2by notification in the official gazette, make rules consistent with this act a for the control and the management of all public ferries within such division and for regulating the traffic at such ferries 3b for regulating the time and manner at and in which, and the terms on which, the tolls of such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted c for compensating persons who have compounded for tolls payable for the use of any such ferry when such ferry has been discontinued before the expiration of the period compounded for, and d generally to carry out the purposes of this act and, when the tolls of a ferry have been let under section 8, such commissioner or other officer may, from time to time subject as aforesaid, make additional rules consistent with this act e for collecting the rents payable for the tolls of such ferries f in cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swingbridge, flyingbridge or temporary bridge, for regulating the time and manner at and in which such bridge shall be constructed and maintained and opened for the passage of vessels and rafts through the same and g in cases in which the traffic is conveyed in boats, for regulating 1 the number and kind of such boats and their dimensions and equipment 2 the number of the crew to be kept by the lessee for each boat 3 the maintenance of such boats continually in good conditions 4 the hours during which, and the intervals with in which the lessee shall be bound to ply and 5 the number of passengers, animals and vehicles and the bulk and weight of other things, that may be carried in each kind of boat at one trip. the lessee shall make such returns of traffic as the commissioner or other officer as aforesaid may, from time to time, require. 42 every rule made under this act by the commissioner of a division or the officer appointed by the state government shall be laid, as soon as may be after it is made, before the state legislature. 1. section 12 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by s. 2 and the schedule, ibid., for the words make rules. 3. subs. by act 3 of , s. 1, for clause b w.e.f. . 4. ins. by act 4 of , s. 2 and the schedule.

section 13. of the northern indian ferries act : 1except with the sanction of the magistrate of the district or of such other officer as the state government may, from time to time, appoint in this behalf, by name or in virtue of his office, no person shall establish, maintain or work a ferry to or from any point within a distance of two miles from the limits of a public ferry: provided that, in the case of any specified public ferry, the state government may, by notification in the official gazette, reduce or increase the said distance of two miles to such extent as it thinks fit: provided also that nothing hereinbefore contained shall prevent persons plying between two places, one of which is without, and one within, the said limits, when the distance between such two places is not less than three miles, or apply to boats 2which do not ply for hire or which the state government expressly exempts from the operation of this section3. . 1. subs. by act 3 of , s. 2, for the first paragraph w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. an explanation has been added to section 13 in the c.p. by the northern india ferries c.p. amendment act, c.p. 23 of .

section 14., liable to pay toll. of the northern indian ferries act : whoever uses the approach to, or landing place of, a public ferry is liable to pay the toll payable for crossing such ferry.

section 15. of the northern indian ferries act : 1tolls, according to such rates as are, from time to time, fixed by the state government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service: provided that the state government may, from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such tolls. where the tolls of a ferry have been let under section 8, any such declaration, if made after the date of the2lease, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the commissioner of the division or such other officer as the state government may, from time to time, appoint in this behalf by name or in virtue of his office. 1. so much of section 15 is repealed as provides for the exemption from payment of tolls of any persons, animals, vehicles or other things exempted by section 3 of the indian tolls army and air force act, 2 of see section 8 of that act. 2. subs. by act 3 of , s. 1, for auction w.e.f. .

section 17. of the northern indian ferries act : 117. tolls, rents, compensation and fines are to form part of revenues of state.all tolls, rents, compensation and fines under this act other than tools received by any lessee shall form part of the revenues of the state. 1. subs. by the a.o. for section 17.

section 18. of the northern indian ferries act : the state government may, if it thinks fit, from time to time, fix rates at which any person may compound for the tolls payable for the use of a public ferry.

section 19. of the northern indian ferries act : the commissioner of the division may, with the previous sanction of the state government, from time to time, make rules for the maintenance of order and for the safety of passengers and property at ferries other than public ferries.

section 20. of the northern indian ferries act : the tolls charged at such ferries shall not exceed the highest rates for the time being fixed under section 15 for similar public ferries.

section 21. of the northern indian ferries act : every lessee or other person authorised to collect the tolls of a public ferry, who neglects to affix and keep in good order and repair the table of tolls mentioned in section 16, or who willfully removes, alters or defaces such table or allows it to become illegible, or who fails to produce on demand the list of the tolls mentioned in section 16, and every lessee who neglects to furnish any return required under section 12, shall be punished with fine which may extend to fifty rupees.

section 22. of the northern indian ferries act : every such lessee or other person as aforesaid and any person in procession of a private ferry asking or taking more than the lawful toll, or without due cause delaying any person, animal, vehicle or other thing, shall be punished with fine which may extend to one hundred rupees.

section 24. cancelment of lease on default or breach of rules. of the northern indian ferries act : when any lessee of the tolls of a public ferry makes default in the payment of the rent payable in respect of such tolls or has been convicted of an offence under section 23, or, having been convicted of an offence under section 21 or section 22 is again convicted of an offence under either of those sections, the magistrate of the district may, with the sanction of the commissioner of the division, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were let.

section 23. of the northern indian ferries act : every person breaking any rule made under section 12 or section 19 shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.

section 25. of the northern indian ferries act : every person crossing by any public ferry, or using the approach to, or landing place thereof, who refuses to pay the proper toll, and every person who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry without paying the toll, or who obstructs any tollcollector or lessee of the tolls of a public ferry, or any of his assistants, in any way in the execution of their duty under this act, or who, after being warned by any such tollcollector, lessee or assistant not to do so, goes or takes any animals, vehicles or other things into any ferryboat, or upon any bridge, at such a ferry, which is in such a state or so loaded as to endanger human life or property, or who refuses or neglects to leave, or remove any animals, vehicles or goods from, any such ferryboat or bridge, on being requested by such tollcollector, lessee or assistant to do so, shall be punished with fine which may extend to fifty rupees.

section 26. of the northern indian ferries act : 126. penalty for maintaining private ferry within prohibited limits.whoever establishes, maintains or works a ferry in contravention of the provisions of section 13 shall be punished with fine which may extend to five hundred rupees, and with a further fine, which may extend to one hundred rupees for every day during which the ferry is maintained or worked in contravention of those provisions. 1. subs. by act 3 of , s. 2, for section 26.

section 27. of the northern indian ferries act : where the tolls of any public ferry have been let under the provisions hereinbefore contained, the whole or any portion of any fine realised under section 25 or section 26 may, notwithstanding anything contained in section 17, be at the discretion of the convicting magistrate or bench of magistrates, paid to the lessee.

section 28. of the northern indian ferries act : whoever navigates, anchors, moors or fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public ferry, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and the tollcollector or lessee of the tolls of such ferry or any of his assistants, may seize and detain such vessel, raft or timber pending the inquiry and assessment hereinafter mentioned.

section 29. of the northern indian ferries act : the police may arrest without warrant any person committing an offence against section 25 or section 28.

section 34. of the northern indian ferries act : no suit to ascertain the amount of any compensation payable, or abatement of rent allowable under this act shall be cognizable by any civil court.

section 30. of the northern indian ferries act : any magistrate or bench of magistrates having summary jurisdiction under chapter xviii of the 1code of criminal procedure may try any offence against this act in manner provided by that chapter. 1. see now the code of criminal procedure, 2 of , ch. 21.

section 36.. of the northern indian ferries act : validation of proceedings since repeal of regulation vi of in punjab.rep. by the repealing and amending act, 12 of , s. 2 and the first schedule, pt. i.

section 31. of the northern indian ferries act : every magistrate or bench of magistrates trying any offence under this act may enquire into and assess the value of the damage if any done or caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him in addition to any fine imposed upon him under this act and the amount so ordered to be paid shall be leviable as if it were a fine, or when the offence is one under section 28, by the sale of the vessel, raft or timber causing the damage and of any thing found in or upon such vessel or raft. the commissioner of the division may, on the appeal of any person deeming himself aggrieved by an order under this section, reduce or remit the amount payable under such order.

section 32., on surrender or cancellation of lease. of the northern indian ferries act : when the lease of the tolls of any ferry is surrendered under section 11 or cancelled under section 24, the magistrate of the district may take possession of all boats and their equipment, and all other material and appliances, used by the lessee for the purposes of such ferry, and use the same paying such compensation for the use thereof as the state government may in each case direct until such magistrate can conveniently procure proper substitutes therefor.

section 33. of the northern indian ferries act : when any boats or their equipment, or any materials or appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers or troops of 1the government of india on duty, or of any other persons on the business of government, or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of government, the magistrate of the district may take possession of and use the same paying such compensation for the use thereof as 2the central government where the transport is in connection with the affairs of the central government and the state government in other cases may in each case direct until such transport is completed. 1. subs. by the a.o. , for her majesty. 2. subs by the a.o. for the l. g.

section 35. of the northern indian ferries act : the state government may, from time to time, delegate, under such restrictions as it thinks fit any of the powers conferred on it by this act to any commissioner of a division or magistrate of a district, or to such other officer as it thinks fit, by name or by virtue of his office.

section 5. of the punjab tenancy act . : 1 a tenant a who at the commencement of this act has for more than two generations in the male line of descent through a grandfather or granduncle and for a period of not less than twenty years been occupying land paying no rent thereof beyond the amount of the landrevenue thereof and the rates and cesses for the time being chargeable thereon, or b who having owned land, and having ceased to be landowner thereof otherwise than by forfeiture to the government or than by any voluntary act, has, since he ceased to be landowner, continuously occupied the land, or c who, in a village or estate in which he settled along with, or was settled by, the founder thereof as a cultivator therein, occupied land on the twentyfirst day of october, , and has continuously occupied the land since that date, or d who, being jagirdar of the estate or any part of the estate in which the land occupied by him is situate, has continuously occupied the land for not less than twenty years, or , having been such jagirdar, occupied the land while he was jagirdar and has continuously occupied it for not less than twenty years, has a right of occupancy in the land so occupied, unless, in the case of a tenant belonging to the class specified in clause c, the landlord proves that the tenant was settled on land previously cleared and brought under cultivation by, or at the expense of, the founder. 2 if a tenant proves that he has continuously occupied land for thirty years and paid no rent there for beyond the amount of the landrevenue thereof and the rates and cesses for the time being chargeable thereon, it may be presumed that he has fulfilled the conditions of clause a of subsection 1. 3 the words in that clause denoting natural relationship denote also relationship by adoption, including therein the customary appointment of an heir, and relationship by the usage of a religious community.

section 6. of the punjab tenancy act . : a tenant recorded in a recordofrights sanctioned by the local government before the twenty first day of october, , as a tenant having a right of occupancy in land which he has continuously occupied from the time of the preparation of that record, shall be deemed to have a right of occupancy in that land unless the contrary has been established by a decree of a competent court in a suit instituted before the passing of this act.

section 7. of the punjab tenancy act . : if the tenant has voluntarily exchanged the land, or any portion of the land, formerly occupied by him for other land belonging to the same landlord, the land taken in exchange shall be held to be subject to the same right of occupancy as that to which the land given in exchange would have been subject if the exchange had not taken place.

section 8. of the punjab tenancy act . : nothing in the foregoing sections of this chapter shall preclude any person from establishing a right of occupancy on any ground other than the grounds specified in those sections.

section 12. of the punjab tenancy act . : 1 the rent for the time being payable in respect of a tenancy shall be the first charge on the produce thereof. 2 a tenant shall be entitled to tend, cut and harvest the produce of his tenancy in due course of husbandry without any interference on the part of his landlord. 3 except where rent is taken by division of the produce, the tenant shall be entitled to the exclusive possession of the produce. 4 where rent is taken by division of the produce. a the tenanat shall be entitled to the exclusive possession of the whole produce until it is divided: b the landlord shall be entitled to be present at, and take part in, the division of the produce and c when the produce has been divided, the landlord shall be entitled to the possession or his share thereof.

section 11. of the punjab tenancy act . : notwithstanding anything in the foregoing sections of this chapter, a tenant who immediately before the commencement of this act has a right of occupancy in any land under an enactment specified in any line of the first column of the following table shall, when this act comes into force, be held to have, for all the purposes of this act, a right of occupancy in that land under the enactment specified in the same line of the second column of the table : punjab tenancy act, this act. xxviii first column second column section. clause. section. subsection. clause. 5 1 5 1 a 5 2 5 1 b 5 3 5 1 c 5 4 5 1 d 6 ... 6 ... ... 8 ... 8 ... ...

section 10. of the punjab tenancy act . : in the absence of a custom to the contrary no one of several joint owners of land shall acquire a right of occupancy under this chapter in land jointly owned by them.

section 13. of the punjab tenancy act . : 1 where rent is taken by any of the following methods, namely: a by division or appraisement of the produce, b by rates fixed with reference to the nature of the crops grown, c by a rate on a recognized measure of area, d by a rent in gross on the tenency, or e partly by one of the methods specified in clauses a, b and c of this subsection and partly by another or others of them, one of those methods shall not be commuted in whole or in part into another without the consent of both landlord and tenant. 2 in the absence of a contract or a decree or order of competent authority to the contrary, a tenant whose rent is taken by any of the methods specified in clauses a, b and c of subsection 1, or by the method specified in clause d of that subsection, shall not be liable to pay for a tenancy rent at any higher rate, or of a higher amount, as the case may be, than the rate or amount payable in respect of the tenancy for the preceding agricultural year.

section 9. of the punjab tenancy act . : no tenant shall acquire a right of occupancy by mere lapse of time.

section 17. of the punjab tenancy act . : if either the landlord or the tenant neglects to attend, either personally or by agent, at the proper time for making the division or appraisement of the produce, or if there is a dispute about the division or appraisement, a revenueofficer may, on the application of either party, appoint such person as he thinks fit to be a referee to divide or appraise the produce.

section 14. of the punjab tenancy act . : any person in possession of land occupied without the consent of the landlord shall be liable to pay for the use or occupation of that land at the rate of rent payable in the preceding agricultural year, or, if rent was not payable in that year, at such rate as the court may determine to be fair and equitable.

section 15. of the punjab tenancy act . : when two or more persons are landlord of a tenant in respect of the same tenancy, the tenant shall not be bound to pay part of the rent of his tenancy to one of those persons and part to another

section 16. of the punjab tenancy act . : where rent is taken by division or appraisement of the produce, if the tenant removes any portion of the produce at such a time or in such a manner as to prevent the due division or appraisement thereof ,or deals therewith in a manners contrary to established usage the produce may be deemed to have been as full as the fullest crop of the same description on similar lands in the neighborhood for that harvest.

section 21. of the punjab tenancy act . : when the land, or any part of the land, held by a tenant having a right of occupancy to whom the last foregoing section applies ceases to be irrigated or flooded, the rent payable in respect of the land or part may be reduced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy for unirrigated or unflooded land of a similar description and with similar advantages.

section 18. of the punjab tenancy act . : 1 when a revenueofficer appoints referee under the last forgoing section, he may, in his discretion, give him instructions with respect to the association with himself of any other persons as assessors, the number, qualification and selection of those assessor, and the procedure to be followed in making the division or appraisement. 2 the referee so appointed shall make the division or appraisement in accordance with any instructions which he may have received from the revenueofficer under the last foregoing subsection. 3 before making the division or appraisement the referee shall give notice to the landlord and the tenant of the time and place at which the division or appraisement will be made, but, of either the landlord or the tenant fails to attend either personally or by agent, the referee may proceed exparte. 4 for the purpose of making the division or appraisement, the referee, with his assessors, if any, may enter upon any land on which or into any building in which the produce is.

section 19. of the punjab tenancy act . : 1 the result of the division or appraisement shall be recorded and signed by the referee, and the record shall be submitted to the revenueofficer. 2 the revenueofficer shall consider the record, and, after such further inquiry, if any, as he may deem necessary, shall make an order either confirming or varying the division or appraisement. 3 the revenueofficer shall also make such order as to the costs of the reference as he thinks fit. 4 the costs may include the remuneration of the referee and of the assessors, if any, and may be levied from the applicant before the appointment of the referee subject to adjustment at the close of the proceedings.

section 20. of the punjab tenancy act . : where the rent of a tenant having a right of occupancy in any land is a share of the produce, or of the appraised value thereof, with or without an addition in money, or is paid according to rates fixed with reference to the nature of the crops grown, or is a rent in gross payable in kind, the tenant shall be entitled to occupy the land at that rent : provided that, when the land or any part thereof previously not irrigated or flooded becomes irrigated or flooded, the rent payable in respect of the land or part may, subject to the provisions of this act, be enhanced to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for irrigated or flooded land of a similar description and with similar advantages.

section 23. of the punjab tenancy act . : the rent payable buy a tenant to whom the last foregoing section applies may be reduced on the ground that the productive powers of his tenancy have been decreased by a cause beyond his control.

section 25. of the punjab tenancy act . : in enhancing or reducing the rent of any land under the foregoing provisions of this chapter, the court shall within the limits prescribed by those provisions, enhance or reduce the rent to such an amount as it considers fair and equitable, but shall not in any case fix the rent at a sum less than the amount of the landrevenue of the land and the rates and cesses chargeable thereon

section 22. of the punjab tenancy act . : 1 where a tenant having a right of occupancy pays his rent entirely by a cashrate on a recognized measure of area or by a cashrent in gross on his tenancy, the rent may be enhanced on the ground that, after deduction therefrom of the land revenue of, and the rates and cesses chargeable on, the tenancy, it is a if the tenant belongs to the class specified in clause a of subsection 1 of section 5, less than two annas per rupee of the amount of the landrevenue b if he belongs to any of the classes specified in clauses b , c and d of that subsection less than six annas per rupee of the amount of the landrevenue c if he belongs to the class specified in section 6, or if his right of occupancy is established under section 8 and his rent is not regulated by contract, less than twelve annas per rupee of the amount of the landrevenue. 2 in a case to which subsection 1 applies, the rent may be enhanced to an amount not exceeding two, six or twelve annas per rupee of the amount of the landrevenue as the case may be, in addition to the amount of the landrevenue of the tenancy and the rates and cessers chargeable thereon.

section 26. of the punjab tenancy act . : when a revenueofficer of any class who has been invested under the foregoing provisions of this act with any powers to be exercised in any local area is transferred from that local area to another as a revenueofficer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the local government otherwise directs or has otherwise directed.

section 24. of the punjab tenancy act . : 1 a revenue court, on the suit of either landlord or tenant, may, subject to the provisions of this and other sections of this act, enhance or reduce the rent of any tenant having a right of occupancy. 2 where a decree for the enhancement of the rent of such a tenant has been passed under the punjab tenancy act, , xxviii of a suit for a further enhancement of his rent shall not lie till the expiration of five years from the date of the decree, unless in the meantime the local area in which the land comprised in the decree is situate has been generally reassessed and the revenue payable in respect of that land has been increased. 3 subject to the provisions of subsection 2, a suit instituted for the enhancement of the rent of a tenant having a right of occupancy shall not be entertained in either of the following cases, namely: a if within the ten years next preceding its institution his rent has been commuted under section 13 or enhanced under this section, b if within that period a decree has been passed under this act dismissing on the merits a suit for the enhancement of his rent, unless the land or some part of the land comprised in his tenancy, not having been irrigated or flooded at the time of such commutation, enhancement or decree, has become irrigated or flooded.

section 30. of the punjab tenancy act . : 1 wherever from any cause the payment of the whole or any part of the landrevenue payable in respect of any land is remitted or suspended, a revenueofficer may, by order, remit or suspend, as the case may be, the payment of the rent of that land to an amount which may bear the same proportion to the whole of the rent payable in respect of the land as the landrevenue of which the payment has been remitted or suspended bears to the whole of the landrevenue in respect of the land. 2 an order passed under subsection 1 shall not be liable to be contested by suit in any court. 3 a suit shall not lie for the recovery of any rent of which the payment has been remitted, or, during the period of suspension, of any rent of which the payment has been suspended. 4 where the payment of rent has been suspended, the period during which the suspension has continued shall be excluded in the computation of the period of limitation prescribed for a suit for the recovery of the rent. 5 if the landlord collects any rent of which the payment has been remitted, or before the expiration of the period of suspension collects any rent of which the payment has been suspended, the whole of the landrevenue remitted or suspended in his favour shall become immediately payable by him. 6 the provisions of this section relating to the remission and suspension of the payment of rent may be applied, so far as they can be made applicable, to land if which the landrevenue has been released, compounded for or redeemed, in any case in which, if the landrevenue in respect of the land had not been released, compounded for or redeemed, the whole or any part of it might, in the opinion or the revenueofficer, be remitted or suspended under the rules for the time being in force for regulating the remission and suspension of landrevenue.

section 27. of the punjab tenancy act . : 1 where the rent of a tenancy is the whole or a share of the landrevenue thereof, with or without an addition in money, kind or service, and the landrevenue of the holding in which the tenancy is situate is altered, a revenueofficer having authority under section 56 of the punjab landrevenue act, xvii of , to determine the landrevenue payable in respect of the several holdings comprised in the estate in which the tenancy is situate shall determine also the amount of the landrevenue of the tenancy, or the proportionate share thereof, payable by the tenant as rent. 2 where an addition referred to in subsection 1 is a percentage fixed with reference to the landrevenue of the tenancy, or the whole or a share of the rates and cesses chargeable thereon, or both, the revenueofficer shall in like manner from time to time alter the amount of the addition in proportion to any alteration of such landrevenue or rates and cesses. 3 the sum or sums determined under the foregoing subsections, together with any addition previously payable other than the additions referred to in subsection 2, shall be the rent payable in respect of the tenancy until there is again an alterations of the landrevenue thereof or of the rates and cesses chargeable thereon or until the rent is enhanced by a suit under this act. 4 an alteration of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this act.

section 28. of the punjab tenancy act . : 1 every tenant shall a be liable to pay additional rent for all land proved to be in excess of the area for which rent has been preciously paid by him, unless it is proved that the excess is due to the addition to his tenancy of land which, having previously belonged to the tenancy, was lost by alluvion or otherwise without any reduction of the rent being made and b be entitled to and abatement of rent in respect of any deficiency proved to exist in the area of his tenancy as compared with the area for which rent has been previously paid by him, unless it is proved that the deficiency is due to the loss of land which was added to the area of the tenancy by alluvion or otherwise, and that an addition has not been made to the rent in respect of the addition to the area. 2 in determining the area for which rent has been previously paid, the court shall have regard to the following, among other matters, namely: a the origin and conditions of the tenants occupancy, for instance whether the rent was a rent in gross for the entire tenancy b whether the tenant has been allowed to hold additional land in consideration of and addition to his total rent or otherwise with the knowledge and consent of the landlord and c the length of time during which there has been no dispute as to rent or area. 3 in adding to or abating rent under this section, the court shall add to or abate the rent to such an amount as it deems to be fair and equitable, and shall specify in its decree the date on and from which the addition or abatement is to take effect. 4 an addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this act.

section 29. of the punjab tenancy act . : notwithstanding anything in the foregoing sections of this chapter, if it appears to a court making a decree for and arrear of rent that the area of a tenancy has been so diminished by diluvion or otherwise, or that the produce thereof has been so diminished by drought, hail, deposit of sand or other like calamity, that the full amount of rent payable by the tenant cannot be equitably decreed, the court may, with the previous sanction of the collector, allow such remission from the rent payable by the tenant as may appear to it to be just.

section 31. of the punjab tenancy act . : in either of the following cases, namely: a when a landlord refuses to receive, or grant a receipt for, any rent payable in money when tendered to him by a tenant, b when a tenant is in doubt as to the person entitled to receive rent payable in money, the tenant may apply to a revenueofficer for leave to deposit the rent in his office, and the revenueofficer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application and if the applicant pays the fee, if any, chargeable for the issue of the notice next hereinafter referred to.

section 35. of the punjab tenancy act . : a tenant holding for a fixed term under a contract or a decree or order of competent authority may relinquish his tenancy without notice at the end of that term.

section 34. of the punjab tenancy act . : 1 where a lease has been granted, or an agreement has been entered into, by a landowner in respect of any land assessed to landrevenue, fixing for a period exceeding the term for which the landrevenue has been assessed the rent or other sum payable in respect of the land under the lease or agreement, and that term has expired, the lease or agreement shall be voidable a at the option of the landowner if the landrevenue of the land has been enhanced and the person to whom the lease has been granted or with whom the agreement has been entered into refuses to pay such rent or other sum as a revenue court, on the suit of the landowner, determines to be fair and equitable and where the relation of landlord and tenant exists between the grantor and grantee of the lease or between the persons who entered into the agreement b at the option of the tenant if the landrevenue of the land has been reduced and the landlord refuses to accept such rent as a revenue court, on the suit of the tenant, determines to be fair and equitable. 2 any agreement relative to the occupation, rent, profits or produce of any land which has been entered into for the term of the currency of an assessment shall, unless a contrary intention clearly appears in the agreement or the agreement is terminated by consent of parties or course of law, continue in force until a revised assessment takes effect.

section 32. of the punjab tenancy act . : 1 when a deposit has been so received, it shall be deemed to be a payment made by the tenant to his landlord in respect of rent due. 2 the revenueofficer receiving the deposit shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled thereto, or may, if he thinks fit, retain the deposit pending the decision of a competent court as to the person so entitled. 3 no suit or other proceeding shall be instituted against the secretary of state of india in council, or against any officer of the government, in respect of anything done by a revenueofficer under this section, but noting in this subsection shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by a revenueofficer.

section 33. of the punjab tenancy act . : 1 if an order is made by any court for the attachment of the produce of a tenancy or of any part of a tenancy, the landlord may apply to the revenueofficer by whom the attachment is to be or has been made to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of a any rent which has fallen due to him in respect of the tenancy within the year immediately preceding the application and b the rent which will be falling due after the harvesting of the produce and is chargeable against it. 2 the revenueofficer shall give the person at whose instance the attachment was made an opportunity of showing cause why the application of the landlord should not be granted, and, if he finds the landlords claim to the whole or any part of the rent to be proved, he shall cause the produce or such portion thereof as he may deem necessary to be sold, and shall apply the proceeds of the sale in the first instance to satisfy the claim. 3 the finding of the revenueofficer under subsection 2 shall have the force of a decree in a suit between the landlord and the tenant

section 37. of the punjab tenancy act . : a tenant cannot, without the consent of his landlord, relinquish a part only of his tenancy

section 36. of the punjab tenancy act . : 1 any other tenant may relinquish his tenancy by giving verbally or in writing to his landlord, or to his landlords agent, on or before the fifteenth day of january in any year, notice of his intention to relinquish the tenancy at the end of the agricultural year then current. 2 the tenant may, instead of, or in addition to giving the notice in the manner mentioned in subsection 1, apply to a revenueofficer on or before the date aforesaid to cause the notice to be served on the landlord, and the revenueofficer, on receiving the cost of service from the tenant, shall cause the notice to be served as soon as may be. 3 if the tenant does not give notice in the manner prescribed in this section, he shall be liable to pay the rent of his tenancy for any part of the ensuing agricultural year during which the tenancy is not let by the landlord to some other person or is not cultivated by the landlord himself.

section 38. of the punjab tenancy act . : if a tenant having a right of occupancy fails for more than one year without sufficient cause to cultivate his tenancy, either by himself or some other person, and to arrange for payment of the rent thereof as it falls due, the right of occupancy shall be extinguished from the end of that year.

section 47. of the punjab tenancy act . : a decree or order for the ejectment of a tenant shall not be executed at any other time than between the first day of may and the fifteenth day of june both days inclusive, unless the court making the decree or, where the order is made under section 44, the officer making the order otherwise directs.

section 51. of the punjab tenancy act . : possession of a tenancy or of any land comprised in a tenancy shall not be recoverable under section 9 of the specific relief act, , i of by a tenant dispossessed thereof

section 48. of the punjab tenancy act . : 1 if in a suit for the ejectment of a tenant on either of the grounds mentioned in clauses a and b of section 39 or of section 40 it appears to the court that the injury caused by the act or omission on which the suit is based is capable of being remedied, or that an award of compensation will be sufficient satisfaction to the landlord therefore, the court may, instead of making a decree for the ejectment of the tenant, order him to remedy the injury within a period to be fixed in the order, or order him to pay into court, within such a period, such compensation as the court thinks fit. 2 the court may from time to time, for special reasons, extend a period fixed by it under subsection 1. 3 if within the period, or extended period, as the case may be, fixed by the court under this section, the injury is remedied or the compensation is paid, a decree for the ejectment of the tenant shall not be made.

section 49. of the punjab tenancy act . : 1 where at the time of the proposed ejectment of a tenant from any land his uncut or ungathered crops are standing on any part thereof, he shall not be ejected from that part until the crops have ripened and he has been allowed a reasonable time to harvest them. 2 the court or revenueofficer decreeing or ordering the ejectment of the tenant may, on the application of the landlord, determine any dispute arising in consequence of the provisions of subsection 1 between the landlord and the tenant or between the landlord and any person entitled to harvest discretion a direct that the tenant pay for the longer occupation of the land secured to him under subsection 1 such rent as may be fair and equitable, or b determine the value of the tenants uncut and ungathered crops, and, on payment thereof by the landlord to the court or revenueofficer, forthwith eject the tenant. 3 when a tenant for whose ejectment proceedings have been taken has, comfortably with local usage, prepared for sowing any land comprised in his tenancy, but has not sown or planted crops on that land, he shall be entitled to receive from the landlord before ejectment a fair equivalent in money for the labour and capital expended by him in so preparing the land, and the court or revenueofficer before which or whom proceedings, are pending shall, on the application of the tenant, determine the sum payable to the tenant under this subsection and stay his ejectment until that sum has been paid to him.

section 50. of the punjab tenancy act . : in either of the following cases, namely: a if a tenant has been dispossessed without his consent of his tenancy or any part thereof otherwise than in execution of a decree or than in pursuance of an order under section 44 or section 45, b if a tenant who, not having instituted a suit under section 45, has been ejected from his tenancy or any part thereof in pursuance of an order under that section denies his liability to be ejected, the tenant may, within one year from the date of his dispossession or ejectment, institute a suit for recovery of possession or occupancy, or for compensation, or for both.

section 55. of the punjab tenancy act . : 1 a right of occupancy under section 5 may be sold in execution of a decree or order of a court 2 but notice of an intended sale of any such right shall be given by the court to the landlord, and if at any time before the close of the day on which the sale takes place the landlord pays to the court or to the officer conducting the sale a deposit of twentyfive per centum on the highest bid made at the sale, he shall be declared to be the purchaser instead of the person who made that bid.

section 54. of the punjab tenancy act . : where a mortgagee of a right of occupancy under section 5 proposes to foreclose his mortgage, or otherwise enforce his lien on the land subject to the right, the provisions of the last foregoing section shall, so far as they can be made applicable, apply as if the mortgagee were the tenant.

section 53. of the punjab tenancy act . : 1 a tenant having a right of occupancy under section 5 may transfer that right by sale, gift or mortgage, subject to the conditions mentioned in this section. 2 if he intends to transfer the right by sale, gift, mortgage by conditional sale or usufructuary mortgage, he shall cause notice of his intention to be served on his landlord through a revenueofficer, and shall defer proceeding with the transfer for a period of one month from the date on which the notice is served. 3 within that period of one month the landlord may claim to purchase the right at such value as a revenueofficer may, on application made to him in this behalf, fix. 4 when the application to the revenueofficer is to fix the value of a right of occupancy which is already mortgaged, he shall fix the value of the right as if it were not mortgaged. 5 the landlord shall be deemed to have purchased the right if he pays the value to the revenueofficer within such time as that officer appoints. 6 on the value being so paid, the right of occupancy shall be extinct, and the revenueofficer shall, on the application of the landlord, put the landlord in possession of the tenancy. 7 if the right of occupancy was already mortgaged, the tenancy shall pass to the landlord, unencumbered by the mortgage, but the mortgagedebt shall be a charge on the purchasemoney. 8 if there is no such charge as aforesaid, the revenueofficer shall, subject to any directions which he may receive from any court, pay the purchasemoney to the tenant. 9 if there is such a charge, the revenueofficer shall, subject as aforesaid, either apply in discharge of the purchasemoney as the mortgagedebt so much of the purchasemoney as is required for that purpose and pay the balance, if any, to the tenant, or retain the purchasemoney pending the decision of a civil court as to the person or persons entitled thereto. 10 where there are several landlords of a tenancy, any one of them pay be deemed to be the landlord for the purposes of this section. 11 no suit or other preceding shall be instituted against the secretary of state for india in council, or against any officer of the government, in respect of anything done by a revenueofficer under the two last foregoing subsections, but nothing in this subsection shall prevent any person entitled to receive the whole or any part of the purchasemoney from recovering it from a person to whom it has been paid by a revenueofficer.

section 56. of the punjab tenancy act . : a right of occupancy under any other section than section 5 shall not be attached or sold in execution of a decree or order of any court or, without the previous consent in writing of the landlord, be transferred by private contract.

section 59. of the punjab tenancy act . : 1 when a tenant having a right of occupancy in any land dies, the right shall devolve. a on his male lineal descendants, if any, in the male line of descent, and, b failing such descendants, on his widow, if any until she dies or remarries or abandons the land or is under the provisions of this act ejected therefrom, and, c failing such descendants and widow, or, if the deceased tenant left a widow, then when her interest terminates under clause b of this subsection, on his male collateral relatives in the male line of descent from the common ancestor of the deceased tenant and those relatives : provided, with respect to clause c of this subsection, that the common ancestor occupied the land. 2 as among descendants and collateral relatives claiming under subsection 1, the right shall, subject to the provisions of that subsection, devolve as if it were land left by the deceased in the village in which the land subject to the right is situate. 3 when the widow of a deceased tenant succeeds to a right of occupancy, she shall not transfer the right by sale, gift or mortgage, or by sublease for a term exceeding one year. 4 if the deceased tenant has left no such persons as are mentioned in subsection 1 on whom his right of occupancy may devolve under that subsection, the right shall be extinguished.

section 57. of the punjab tenancy act . : when a right of occupancy has been transferred by sale, gift or usufructuary mortgage to a person other than the landlord, that person shall, in respect of the land in which the right subsists, have the same rights, and be subject to the same liabilities, as the tenant to whom before the transfer the right belonged had and was subject to.

section 58. of the punjab tenancy act . : 1 a tenant having a right of occupancy in land may, subject to the provisions of this act and to the conditions of any written contract between him and his landlord, sublet the land or any part thereof for any term not exceeding seven years. 2 a person to whom land is sublet by a tenant having a right of occupancy therein shall, in respect of that land, and so far as regards the landlord, be, jointly with the tenant, subject to all the liabilities of the tenant under this act.

section 62. of the punjab tenancy act . : 1 when a landlord has, with the permission mentioned in the last foregoing section, made an improvement on the tenancy of a tenant having a right of occupancy, he may apply to the collector fir an enhancement of the rent of the tenant. 2 if the tenant is a tenant to whom section 20 applies, the collector shall enhance his rent to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for land of a similar description and with similar advantages. 3 if the tenant is a tenant to whom section 22 applies, the collector shall enhance his rent to such amount as the tenant would be liable to pay under that section if the landrevenue were reassessed. 4 when the improvement ceases to exist, the collector may, on the application of the tenant, reduce the tenants rent, a in the case of a tenant to whom subsection 2 applies, to the share or rates, or with reference to the rent in gross, as the case may be, paid by tenants, having a similar right of occupancy, for land of a similar description and with similar advantages, and b in the case of a tenant to whom subsection 3 applies, to such an amount as the tenant would be liable to pay if the land revenue were reassessed. 5 sections 25 and 26 shall be construed as applying to an application under this section, and a suit shall not lie in any court for any purpose for which an application might be made under this section.

section 68. of the punjab tenancy act . : subject to the foregoing provisions of this chapter, a tenant who has made an improvement on his tenancy in accordance with this act shall not be ejected, and the rent payable by him shall not be enhanced, until he has received compensation for the improvement

section 69. of the punjab tenancy act . : 1 a tenant who has cleared and brought under cultivation wasteland in which he has not a right of occupancy shall, if ejected from that land, be entitled to receive from the landlord as compensation for disturbance, in addition to any compensation for improvements, a sum to be determined by a revenue court or revenueofficer in accordance with the merits of the case, but not exceeding five years rent of the land: provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to compensation for disturbance on ejectment from the land or any part thereof. 2 if rent has been paid for the land by division or appraisement of the produce, or by rates fixed with reference to the nature of the crops grown, or if not rent, or no rent other than the land revenue of the land and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed as if double the amount of the landrevenue of the land were the annual rent thereof.

section 70. of the punjab tenancy act . : 1 in every suit by a tenant to contest his liability to ejectment or by a landlord to eject a tenant or to enhance his rent, the court shall direct the tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of the grounds thereof. 2 if the court decrees the ejectment of the tenant or the enhancement of his rent, it shall determine the amount of compensation, if any, due to the tenant, and shall stay execution of the decree until the landlord pays into court that amount less any arrears of rent or costs proved to the satisfaction f the court to be due to him from the tenant.

section 71. of the punjab tenancy act . : in either of the following cases, namely a when a notice has been served on a tenant under section 44, b when a notice of ejectment has been served on a tenant under section 45 and the tenant has not instituted a suit to contest his liability to be ejected, the tenant may apply to the revenueofficer having authority to order his ejectment under section 44 or section 45, as the case may be, to determine the amount of compensation due to him for improvements or for disturbance, or for both, and the revenueofficer shall determine the amount, if any, accordingly and stay the ejectment of the tenant until the landlord pays to the revenueofficer the amount so determined less any arrears of rent or costs proved to the satisfaction of the revenueofficer to be due to the landlord from the tenant.

section 72. of the punjab tenancy act . : in estimating the compensation to be awarded under this chapter to a tenant for an improvement, the court or revenueofficer shall have regard to a the amount by which the value or the produce of the tenancy, or the value of that produce, is increased by the improvement b the condition of the improvement and the probable duration of its effects c the labour and capital required for the making of such an improvement d any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement and e in the case of a reclamation, or of the conversion of unirrigated into irrigated land the length of time during which the tenant has had the benefit of the improvement.

section 73. of the punjab tenancy act . : 1 the compensation shall be made by payment in money, unless the parties agree that it be made in whole or in part by the grant of a beneficial lease of land or in some other way. 2 if the parties so agree, the court or revenueofficer shall, make an order accordingly

section 75. of the punjab tenancy act . : 1 there shall be the same classes of revenueofficers under this act as under the punjab landrevenue act, xvii of and, in the absence of any order of the local government to the contrary, a revenueofficer of any class having jurisdiction within any local limits under that act shall be a revenueofficer of the same class having jurisdiction within the same local limits under this act. 2 the expressions collector and financial commissioner have the same meaning in this act as in the punjab landrevenue act,

section 77. of the punjab tenancy act . : 1 when a revenueofficer is exercising jurisdiction with respect to any such suit as is described in subsection 3, or with respect to an appeal or other proceeding arising out of any such suit, he shall be called a revenue court. 2 there shall be the same classes of revenue courts as of revenueofficers under this act, and, in the absence of any order of the local government to the contrary, a revenueofficer of any class having jurisdiction within any local limits under this act shall be a revenue court of the same class having jurisdiction within the same local limits. 3 the following suits shall be instituted in and heard and determined by revenue courts, and no other court shall take cognizance of any dispute or matter with respect to which any such suit might be instituted: first group. a suits between landlord and tenant for enhancement or reduction of rent under section 24 b suits between landlord and tenant for addition to or abatement of rent under section 28 or for commutation of rent c suits under section 34 for the determination of rent or other sum on the expiration of the term of an assessment of landrevenue second group. d suits by a tenant to establish a claim to a right of occupancy, or by a landlord to prove that a tenant has not such a right e suits by a landlord to eject a tenant f suits by a tenant under section 45 to contest liability to ejectment, when notice of ejectment has been served g suits by a tenant under section 50 for recovery of possession or occupancy, or for compensation, or for both h suits by a landlord to set aside a transfer made of a right of occupancy, or to dispossess a person to whom such a transfer has been made, or for both purposes i any other suit between landlord and tenant arising out of a lease or conditions on which a tenancy is held j suits for sums payable on account of village cesses or villageexpenses k suits by a cosharer in an estate or holding for a share of the profits thereof or for a settlement of accounts l suits for the recovery of overpayments of rent or landrevenue or of any other demand for which a suit lies in a revenue court under this subsection: m suits relating to the emoluments of kanungos, zaildars, inamdars or villageofficers third group. n suits by a landlord for arrears of rent or the moneyequivalent of rent, or for sums recoverable under section 14 o suits by a landowner to recover moneys claimed as due for the enjoyment of rights in or over land or in water, including rights of irrigation, rights over fisheries, rights of pasturage and forestrights p suits for sums payable on account of landrevenue or of any other demand recoverable as an arrear of landrevenue under any enactment for the time being in force, and by a superior landowner for other sums due to him as such. 4 except as otherwise provided by any rule made by the financial commissioner in this behalf, a a collector may near and determine any or the suits mentioned in subsection 3 b an assistant collector of the first grade may hear and determine any of the suits mentioned in the second and third groups of that subsection, and, if he has by name been specially empowered in this behalf by the local government, any of the suits mentioned in the first group and c an assistant collector of the second grade may hear determine any of the suits mentioned in the third group.

section 76. of the punjab tenancy act . : 1 the following applications and proceedings shall be disposed of by revenueofficers as such, and no court shall take cognizance of any dispute or matter with respect to which any such application or proceeding might be made or had: first group a proceedings under section 27 for the adjustment of rents expressed in terms of the landrevenue b proceedings relating to the remission and suspension of rent under section 30 c applications under section 43 for the ejectment of a tenant against whom a decree for an arrear of rent in respect of his tenancy has been passed and remains unsatisfied d applications under section 45, subsection 5 for the ejectment of a tenant on whom a notice of ejectment has been served and who has not instituted a suit to contest his liability to be ejected but has claimed compensation under section 71 e applications under section 53 or section 54 for the fixing of the value of a right of occupancy f applications under section 53 or section 54 by landlords for possession of land, the right of occupancy in which has become extinct g proceedings under chapter vi with respect to the award of compensation for improvements or disturbance second group h application under section 17 with respect to the division or appraisement of produce i applications under section 45, subsection 5, for the ejectment of a tenant on whom a notice of ejectment has been served and notice of ejetment has been served and who has not instituted a suit to contest his liability to be ejected and has not claimed compensation under section 71 j applications for the determination. i under section 49 of the rent payable for land occupied by crops uncut or ungathered at the time of an order being made for the ejectment of a tenant or ii under section 49 or section 74 of then value of such crops or of the sum payable to the tenant for labour and capital expended by him in preparing land for sowing. third group k applications under section 31 by tenants to deposit rent l applications under section 36 for service of notice of relinquishment m applications under section 43 for service of notice of ejectment n applications under section 53 or section 54 for service of notice of intended transfer or of intended foreclosure or other enforcement of lien 2 except as otherwise provided by any rule made by the financial commissioner in this behalf, a a collector or an assistant collector of the first grade may dispose of any of the applications and proceedings mentioned in subsection 1 b an assistant collector of the second grade, not being a naibtehsildar, may dispose of any of the applications mentioned in the second and third groups of that subsection and c a naibtehsildar, when invested with the powers of an assistant collector of the second grade, may dispose of any of the applications mentioned in the third group of that subsection.

section 78. of the punjab tenancy act . : 1 the general superintendence and control over all other revenueofficers and revenue courts shall be vested in, and all such officers and courts shall be subordinate to, the financial commissioner. 2 subject to the general superintendence and control of the financial commissioner, a commissioner shall control all other revenueofficers and revenue courts in his division. 3 subject as aforesaid and to the control of the commissioner a collector shall control all other revenueofficers and revenue courts in his district.

section 79. of the punjab tenancy act . : 1 the financial commissioner or a commissioner or collector may by written order distribute, in such manner as he thinksfit, any business cognizable by any revenueofficer or revenue court under his control. 2 the financial commissioner or a commissioner or collector may withdraw any case pending before any revenueofficer or revenue court under his control, and either dispose of it himself or by written order refer it for disposal to any other revenueofficer or revenue court under his control. 3 an order under subsection 1 or subsection 2 shall not empower any revenueofficer or revenue court to exercise any powers or deal with any business which he or it would not be competent to exercise or deal with within the local limits of his or its own jurisdiction.

section 81. of the punjab tenancy act . : the period of limitation for an appeal under the last foregoing section shall run from the date of the order or decree appealed against, and shall be as follows, that is to say: a when the appeal lies to the collectorthirty days b when the appeal lies to the commissionersixty days c when the appeal lies to the financial commissionerninety days

section 82. of the punjab tenancy act . : 1 a revenueofficer, as such, may either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm any order passed by himself or by any of his predecessors in office : provided as follows: a when a commissioner or collector thinks it necessary to review any order which he has not himself passed and when a revenueofficer of a class below that of collector proposes to review any order whether passed by himself or by any of his predecessors in officer he shall first obtain the sanction of the revenueofficer to whose control he is immediately subject b an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order or unless the applicant satisfies the revenueofficer that he had sufficient cause for not making the application within that period c an order shall not be modified or reversed unless reasonable notice has been given to the parties affected there by to appear and be heard in support of the order d an order against which an appeal has been preferred shall not be reviewed. 2 for the purposes of this section the collector shall be deemed to be the successor in office of any revenueofficer of a lower class who has left the district or has ceased to exercise powers as a revenueofficer and to whom there is no successor in office. 3 an appeal shall not lie from an order refusing to review, or confirming on review, a previous order.

section 80. of the punjab tenancy act . : subject to the provisions of this act and the rules thereunder, an appeal shall lie from an original or appellate order or decree made under this act by a revenueofficer or revenue court as follows, namely : a to the collector when the order or decree is made by an assistant collector of either grade b to the commissioner when the order or decree is made by a collector c to the financial commissioner when the order or decree is made by a commissioner: provided that i an appeal from an order or decree made by an assistant collector of the first grade specially empowered by name in that behalf by the local government in a suit mentioned in the first group of subsection 3 of section 77 shall lie to the commissioner and not to the collector ii when an original order or decree is confirmed on first appeal, a further appeal shall not lie iii when any such order or decree is modified or reversed on appeal by the collector, the order or decree made by the commissioner on further appeal, if any, to him shall be final.

section 83. of the punjab tenancy act . : in the computation of the period for an appeal from, or an application for the review of, an order under this act, the limitation therefore shall be governed by the indian limitation act, , xv of .

section 85. of the punjab tenancy act . : 1 the local government may make rules consistent with this act for regulating the procedure of revenueofficers under this act in cases in which a procedure is not prescribed by this act. 2 the rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immoveable property, and rules providing for those matters may confer on a revenueofficer all or any of the powers in regard to contempts, resistance and the like which a civil court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property. 3 the rules may also provide for the mode of executing orders as to costs and may adapt to proceedings under this act all or any of the provisions of the punjab landrevenue act, , xvii of with respect to arbitration. 4 subject to the rules under this section, a revenueofficer may refer any case which he is empowered to dispose of under this act to another revenueofficer for investigation and report, and may decide the case upon the report.

section 84. of the punjab tenancy act . : 1 the financial commissioner may at any time call for the record of any case pending before or disposed of by, any revenueofficer or revenue courts subordinate to him. 2 a commissioner or collector may call for the record of any case pending before or disposed of by, any revenueofficer or revenue court under his control. 3 if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or the order or decree made should be modified or reversed he shall submit the record with his opinion on the case for the orders of the financial commissioner. 4 if, after examining a record called for by himself under subsection 1 or submitted to him under subsection 3, the financial commissioner is of opinion that it is inexpedient to interfere with the proceedings or the order or decree, he shall pass an order accordingly. 5 if, after examining the record the financial commissioner is of opinion that it is expedient to interfere with the proceedings or the order or decree on any ground on which the chief court in the exercise of its revisional jurisdiction may under the law fir the time being in force interfere with the proceedings or an order or decree of a civil court, he shall fix a day for hearing the case, and may, on that or any subsequent day to which he may adjourn the hearing on which he may appoint in this behalf, pass such order as he thinks fit in the case. 6 except when the financial commissioner fixes under subsection 5 a day for hearing the case, no party has any right to be heard before the financial commissioner when exercising his powers under this section.

section 86. of the punjab tenancy act . : 1 appearances before a revenueofficer as such, and application to and acts to be done before him, under this act may be made or done. a by the parties themselves, or b by their recognized agents or a legal practitioner : provided that the employment of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer. 2 for the purposes of subsection 1, recognized agents shall be such persons as the local government may by notification declare in this behalf. 3 the fees of a legal practitioner shall not be allowed as cost in any proceeding before a revenueofficer under this act, unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

section 108. of the punjab tenancy act . : all powers conferred by this act on the financial commissioner may be exercised from time to time as occasion requires.

section 109. of the punjab tenancy act . : an entry in any recordofrights providing. a that a landlord may prevent a tenant from making, or eject him for making, such improvements on his tenancy as he is entitled to make under this act, or b that a tenant ejected form his tenancy shall not be entitled to compensation for improvements or for disturbance in any case in which he would under this act be entitled to compensation therefor, or c that a landlord may eject a tenant otherwise than in accordance with the provisions of this act, shall be void to that extent.

section 103. of the punjab tenancy act . : when a collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any orders which may be generally or specially issued by the local government in this behalf shall be deemed to be a collector under this act

section 110. of the punjab tenancy act . : 1 nothing in any agreement made between a landlord and a tenant after the passing of this act shall. a override any of the provisions of this act with respect to the acquisition of a right of occupancy, or the reduction, remission or suspension of rent, or the enhancement of the rent of a tenant having a right of occupancy under section 5 or section 6, or b take away or limit the right of a tenant as determined by this act to make improvements and claim compensation therefor, or, where compensation for disturbance can be claimed under this act, to claim such compensation, or c entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this act. 2 nothing in clause a of subsection 1 shall apply to an agreement by which a tenant binds himself to pay an enhanced rent in consideration of an improvement which has been, or is to be, made in respect of his tenancy by, or at expense of, his landlord, and to the benefit of which the tenant is not otherwise entitled.

section 107. of the punjab tenancy act . : the power to make any rules under this act is subject to the control of the governor general in council, and to the condition of the rules being made after precious publication

section 101. of the punjab tenancy act . : 1 an assistant collector may exercise his powers under this act at any place within the limits of the district in which he is employed. 2 any other revenueofficer or revenue court may only exercise his or its powers under this act within the local limits of his or its jurisdiction.

section 102. of the punjab tenancy act . : 1 the financial commissioner, with the approval of the local government, shall publish in the local official gazette before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any revenueofficers and revenue courts. 2 a proceeding had before a revenueofficer or revenue court on a day specified in the list as a day to be observed by the officer or court as a holiday shall not be invalid by reason only of its having been had on that day.

section 104. of the punjab tenancy act . : when a revenueofficer of any class who, either as such or as a revenue court, has under the foregoing provisions of this act any powers to be exercised in any local area is transferred from that local area to another as a revenueofficer or revenue court of the same or a higher, class, he shall continue to exercise those powers in that other local area, unless the local government otherwise directs or has otherwise directed.

section 106. of the punjab tenancy act . : 1 the financial commissioner may, in addition to the other rules which may be made by him under this act, make rules consistent with this act and any other enactment for the time being in force a determining, notwithstanding anything in any recordorrights, the number and amount of the instalments and the times by and at which rent is to be paid b for the guidance of revenueofficers in determining, for the purposes of this act, the amount of the landrevenue of any land c prescribing, for all or any of the territories to which this act extends the periods during which in proceedings held under this act, a revenueofficer or revenue court is not, except for reasons of urgency to be recorded, to issue any process of arrest against, tenant or against a landowner who cultivates his own land d regulating the procedure in cases where persons are entitled to inspect records of revenueofficer or revenue courts, or to obtain copies of the same, and prescribing the fees payable for searches and copies e prescribing forms for such books, entries, statistics and accounts as the financial commissioner thinks necessary to be kept, made or compiled in revenueofficers or revenue courts or submitted to any authority f declaring what shall be the language of any of those offices and courts, and determining in what cases persons practising in those officers and courts shall be permitted to address the presiding officers thereof in english and g generally for the guidance of revenueofficers and other persons in matters connected with the enforcement of this act. 2 until rules are made under clause a of subsection 1, rent shall be payable by the instalments and at the times by and at which it is now payable. 3 rules made by the financial commissioner under this or any other section of this act shall not take effect until they have been sanctioned by the local government.

section 105. of the punjab tenancy act . : 1 the local government may by notification confer on any person. a all or any of the powers of a financial commissioner, commissioner or collector under this act, or b all or any of the powers with which an assistant collector of either grade is, or may be, invested thereunder, and may by notification withdraw any powers as conferred. 2 a person on whom powers are conferred under subsection 1 shall exercise those powers within such local limits and in such classes of cases as the local government may direct, and, except as otherwise directed by the local government, shall for all purposes connected with the exercise thereof be deemed a financial commissioner, commissioner, collector or assistant collector, as the case may be. 3 before conferring powers on the judge of a civil court under subsection 1, the local government shall consult the chief court. 4 if any of the powers of a collector under section 78, section 79, section 80 or section 82 are conferred on an assistant collector, they shall, unless the local government by special order otherwise directs, be exercised by him subject to the control of the collector.

section 112. of the punjab tenancy act . : an entry made with respect to any of the following matters before the eighteenth day of november, and attested by the proper officer, in the record of a regular settlement sanctioned by the local government, namely : a the enhancement or abatement of the rent of a tenant having a right of occupancy, or the commutation of rent in kind into rent in money or of rent in money into rent in kind, or the taking of rent in kind by division or appraisement of the produce or other procedure of a like nature, or b the letting or underletting of land in which there is a right of occupancy by the tenant having that right, or the alienation of or succession to land in which such a right subsists shall be deemed to be an agreement within the meaning of the last foregoing section.

section 111. of the punjab tenancy act . : save as expressly provided in this act, nothing in this act shall affect the operation of any agreement between a landlord and a tenant, when the agreement either is in writing or has been recorded in a recordofrights before the passing of the punjab landrevenue act, , xvii of or been entered by order of a revenueofficer in a recordofrights or annual record under the provisions of that act.

section 8. of the equal remuneration act : on and from the commencement of this act, every employer shall maintain such registers and other documents in relation to the workers employed by him as may be prescribed.

section 1. of the equal remuneration act : show related subordinates 1 this act may be called the equal remuneration act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 , not being later than three years from the passing of this act, as the central government may, by notification, appoint and different dates may be appointed for different establishments or employments. 1. 8th march, , vide notification no. s.o. 175e, dated 6th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the equal remuneration act : in this act, unless the context otherwise requires, a appropriate government means, i in relation to any employment carried on by or under the authority of the central government or a railway administration, or in relation to a banking company, a mine, oilfield or major port or any corporation established by or under a central act, the central government, and ii in relation to any other employment, the state government b commencement of this act means, in relation to an establishment or employment, the date on which this act comes into force in respect of that establishment or employment c employer has the meaning assigned to it in clause f of section 2 of the payment of gratuity act, 39 of d man and woman mean male and female human beings, respectively, of any age e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g remuneration means the basic wage or salary, and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment, if the terms of the contract of employment, express or implied, were fulfilled h same work or work of a similar nature means work in respect of which the skill, effort and responsibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment i worker means a worker in any establishment or employment in respect of which this act has come into force j words and expressions used in this act and not defined but defined in the industrial disputes act, 14 of , shall have the meanings respectively assigned to them in that act.

section 7. of the equal remuneration act : 1 the appropriate government may, by notification, appoint such officers, not below the rank of a labour officer, as it thinks fit to be the authorities for the purpose of hearing and deciding a complaints with regard to the contravention of any provision of this act b claims arising out of nonpayment of wages at equal rates to men and women workers for the same work or work of a similar nature and may, by the same or subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction. 2 every complaint or claim referred to in subsection 1 shall be made in such manner as may be prescribed. 3 if any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the authority appointed under subsection 1. 4 where a complaint or claim is made to the authority appointed under subsection 1, it may, after giving the applicant and the employer an opportunity of being heard, and after such inquiry as it may consider necessary, direct, i in the case of a claim arising out of nonpayment of wages at equal rates to men and women workers for the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid ii in the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this act. 5 every authority appointed under subsection 1 shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 6 any employer or worker aggrieved by any order made by an authority appointed under subsection 1, on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the appropriate government may, by notification, specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further appeal shall lie against the order made by such authority. 7 the authority referred to in subsection 6 may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in subsection 6, allow the appeal to be preferred within a further period of thirty days but not thereafter. 8 the provisions of subsection 1 of section 33c of the industrial disputes act, 14 of , shall apply for the recovery of monies due from an employer arising out of the decision of an authority appointed under this section.

section 9. of the equal remuneration act : 1 the appropriate government may, by notification, appoint such persons as it may think fit to be inspectors for the purpose of making an investigation as to whether the provisions of this act, or the rules made thereunder, are being complied with by employers, and may define the local limits within which an inspector may make such investigation. 2 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 3 an inspector may, at any place within the local limits of his jurisdiction, a enter, at any reasonable time, with such assistance as he thinks fit, any building, factory, premises or vessel b require any employer to produce any register, musterroll or other documents relating to the employment of workers, and examine such documents c take, on the spot or otherwise, the evidence of any person for the purpose of ascertaining whether the provisions of this act are being, or have been, complied with d examine the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be, or to have been a worker in the establishment e make copies, or take extracts from, any register or other document maintained in relation to the establishment under this act. 4 any person required by an inspector to produce any register or other document or to give any information shall comply with such requisition.

section 3. of the equal remuneration act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this act, or in any instrument having effect under any law for the time being in force.

section 4. of the equal remuneration act : 1 no employer shall pay to any worker, employed by him in an establishment or employment, remuneration, whether payable in cash or in kind, at rates less favourable than those at which remuneration is paid by him to the workers of the opposite sex in such establishment or employment for performing the same work or work of a similar nature. 2 no employer shall, for the purpose of complying with the provisions of subsection 1, reduce the rate of remuneration of any worker. 3 where, in an establishment or employment, the rates of remuneration payable before the commencement of this act for men and women workers for the same work or work of a similar nature are different only on the ground of sex, then the higher in cases where there are only two rates, or, as the case may be, the highest in cases where there are more than two rates, of such rates shall be the rate at which remuneration shall be payable, on and from such commencement, to such men and women workers: provided that nothing in this subsection shall be deemed to entitle a worker to the revision of the rate of remuneration payable to him or her with reference to the service rendered by him or her before the commencement of this act.

section 10. of the equal remuneration act : 1 if after the commencement of this act, any employer, being required by or under the act, so to do a omits or fails to maintain any register or other document in relation to workers employed by him, or b omits or fails to produce any register, musterroll or other document relating to the employment of workers, or c omits or refuses to give any evidence or prevents his agent, servant, or any other person in charge of the establishment, or any worker, from giving evidence, or d omits or refuses to give any information, he shall be punishable 1 with simple imprisonment for a term which may extend to one month or with fine which may extend to ten thousand rupees or with both. 2 if, after the commencement of this act, any employer a makes any recruitment in contravention of the provisions of this act, or b makes any payment of remuneration at unequal rates to men and women workers, for the same work or work of a similar nature, or c makes any discrimination between men and women workers in contravention of the provisions of this act, or d omits or fails to carry out any direction made by the appropriate government under subsection 5 of section 6, he shall be punishable 2 with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with imprisonment for a term which shall be not less than three months but which may extend to one year or with both for the first offence, and with imprisonment which may extend to two years for the second and subsequent offences. 3 if any person being required so to do, omits or refuses to produce to an inspector any register or other document or to give any information, he shall be punishable with fine which may extend to five hundred rupees. 1. subs. by act 49 of , s. 3, for with fine which may extend to one thousand rupees w.e.f. . 2. subs. by s. 3, ibid., for with fine which may extend to five thousand rupees w.e.f. .

section 12. of the equal remuneration act : 1 12. cognizance and trial of offences.1 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 2 no court shall take cognizance of an offence punishable under this act except upon a its own knowledge or upon a complaint made by the appropriate government or an officer authorised by it in this behalf, or b a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation. explanation.for the purposes of this subsection recognised welfare institution or organisation means a social welfare institution or organisation recognised in this behalf by the central or state government. 1. subs. by act 49 of , s. 4, for section 12 w.e.f. .

section 5. of the equal remuneration act : on and from the commencement of this act, no employer shall, while making recruitment for the same work or work of a similar nature, 1 or in any condition of service subsequent to recruitment such as promotions, training or transfer, make any discrimination against women except where the employment of women in such work is prohibited or restricted by or under any law for the time being in force: provided that the provisions of this section shall not affect any priority or reservation for scheduled castes or scheduled tribes, exservicemen, retrenched employees or any other class or category of persons in the matter of recruitment to the posts in an establishment or employment. 1. ins. by act 49 of , s. 2 w.e.f. .

section 13. of the equal remuneration act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which complaint or claim referred to in subsection 1 of section 7 shall be made b registers and other documents which an employer is required under section 8 to maintain in relation to the workers employed by him c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 14. of the equal remuneration act : the central government may give directions to a state government as to the carrying into execution of this act in the state.

section 6. of the equal remuneration act : 1 for the purpose of providing increasing employment opportunities for women, the appropriate government shall constitute one or more advisory committees to advise it with regard to the extent to which women may be employed in such establishments or employments as the central government may, by notification, specify in this behalf. 2 every advisory committee shall consist of not less than ten persons, to be nominated by the appropriate government, of which onehalf shall be women. 3 in tendering its advice, the advisory committee shall have regard to the number of women employed in the concerned establishment or employment, the nature of work, hours of work, suitability of women for employment, as the case may be, the need for providing increasing employment opportunities for women, including parttime employment, and such other relevant factors as the committee may think fit. 4 the advisory committee shall regulate its own procedure. 5 the appropriate government may, after considering the advice tendered to it by the advisory committee and after giving to the persons concerned in the establishment or employment an opportunity to make representations, issue such directions in respect of employment of women workers, as the appropriate government may think fit.

section 17. of the equal remuneration act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by notification, make any order, not inconsistent with the provisions of this act, which appears to it to be necessary for the purpose of removing the difficulty: provided that every such order shall, as soon as may be after it is made, be laid before each house of parliament.

section 16. of the equal remuneration act : where the appropriate government is, on a consideration of all the circumstances of the case, satisfied that the differences in regard to the remuneration, or a particular species of remuneration, of men and women workers in any establishment or employment is based on a factor other than sex, it may, by notification, make a declaration to that effect, and any act of the employer attributable to such a difference shall not be deemed to be a contravention of any provision of this act.

section 11. of the equal remuneration act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. state amendment uttar pradesh insertion of section 11a of act no. 25 of .after section 11 of the equal remuneration act, the following section shall be inserted, namely: 11a. composition of offences.1 any offence punishable under this act with fine only or with imprisonment up to one month or with both shall be compounded on the application of accused before or after institution of persecution by a competent authority notified by the state government, after imposing 50 of the fine for the offence as compounding fee along with the prescribed fine provided that remedy for compounding shall be available for the first offence only. 2 every officer referred to in subsection 1 shall exercise the power to compound an offence, subject to direction, control and supervision of the state government. 3 every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed. 4 where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. 5 where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in subsection 1 in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged. vide uttar pradesh act 17 of , s. 2

section 15. of the equal remuneration act : 1 15. act not to apply in certain special cases.nothing in this act shall apply a to cases affecting the terms and conditions of a womans employment in complying with the requirements of any law giving special treatment to women, or b to any special treatment accorded to women in connection with i the birth or expected birth of a child, or ii the terms and conditions relating to retirement, marriage or death or to any provision made in connection with the retirement, marriage or death. 1. subs. by act 49 of , s. 5, for section 15 w.e.f. .

section 18. of the equal remuneration act : 1 the equal remuneration ordinance, 12 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed including any notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisions of this act as if this act were in force when such thing was done or action was taken.

section 8. of the andhra state act : the nine sitting members of the council of states representing the state of madras whose names are specified in part i of the first schedule shall be deemed to have been elected by the elected members of the legislative assembly of andhra to fill nine of the seats allotted to the state of andhra in the council of states and the remaining eighteen sitting members whose names are specified in part ii of that schedule shall continue to be members of the council of states representing the state of madras.

section 1. of the andhra state act : 1 this act may be called the andhra state act, . 2 this part and sections 43, 54, 58, 61, 62, 63, 64, 66 and 69 shall come into force at once, and all other provisions of this act shall come into force on the 1st day of october, .

section 7. of the andhra state act : in the fourth schedule to the constitution a in the table of seats relating to the states specified in part a of the first schedule i entries 1 to 9 shall be renumbered as entries 2 to 10 respectively ii before entry 2 as so renumbered, the entry 1. andhra...12 shall be inserted iii in column 2, for the figures 27 and 145 the figures 18 and 148 shall respectively be substituted b at the end of the table of seats, for the figures 204 the figures 207 shall be substituted.

section 2. of the andhra state act : in this act, unless the context otherwise requires, a appointed day means the 1st day of october, b article means an article of the constitution. c assembly constituency, council constituency and parliamentary constituency have the same meaning as in the representation of the people act, 43 of d law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the state of madras or mysore as constituted immediately before the appointed day e order means an order published in the official gazette f sitting member in relation to either house of parliament or of the legislature of a state, means a person who immediately before the appointed day is a member of that house g transferred territory means the territory added to the state of mysore by subsection 1 of section 4.

section 9. of the andhra state act : as soon as may be after the appointed day, there shall be held a byeelection to fill the vacancies existing on the appointed day in the seats allotted to the state of andhra in the council of states.

section 3. of the andhra state act : 1 as from the appointed day, there shall be formed a part a state to be known as the state of andhra comprising the territories which immediately before that day were comprised in srikakulam, visakhapatnam, east godavari, west godavari, krishna, guntur, nellore, kurnool, anantapur, cuddapah and chittoor districts and alur, adoni and rayadrugtaluks of bellary district in the state of madras and the said territories shall thereupon cease to form part of the state of madras. 2 without prejudice to the power of the state government to alter hereafter the extent, boundaries and names of districts, the said taluks of alur and adoni shall be included in, and become part of, kurnool district, and the said taluk of rayadrug shall be included in, and become part of, anantapur district.

section 10. of the andhra state act : 1 except as provided in subsection 2, the terms of office of the members specified in the first schedule shall remain unaltered, that is to say, as indicated in that schedule. 2 the term of office a of one of the two members specified against serial numbers 4 and 5 in part i of the first schedule shall be increased so as to expire on the 2nd day of april, , and b of one of the seven members specified against serial numbers 7 to 13 in part ii of that schedule shall be reduced so as to expire on the 2nd april, . 3 the member whose term of office is to be increased under clause a of subsection 2 and the member whose term of office is to be reduced under clause b of that subsection shall be determined as soon as may be after the appointed day by lot drawn in such manner as the chairman of the council of states may direct. 4 the term of office of each of the three members to be elected by the elected members of the legislative assembly of andhra under section 9 shall expire on the 2nd day of april, .

section 4. of the andhra state act : 1 as from the appointed day, there shall be added to the state of mysore the territory which immediately before that day was comprised in the taluks of bellary district other than alur, adoni and rayadrug in the state of madras, and the said territory shall thereupon cease to form part of the state of madras. 2 without prejudice to the power of the state government to alter hereafter the extent, boundaries and names of districts, the transferred territory shall form a separate district to be known as bellary district.

section 6. of the andhra state act : the number of seats allotted to the state of madras in the council of states shall be reduced from 27 to 18, and there shall be allotted 12 seats to the state of andhra in the said council.

section 14. of the andhra state act : where by virtue of the provisions of section 12, the extent of a parliamentary constituency has altered, the electoral roll for that constituency as so altered shall as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any parliamentary constituency or constituencies as relate to the areas comprised within the constituency as so altered.

section 5. of the andhra state act : in the first schedule to the constitution. a in part a, entries 1 to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the entry 1. andhra shall be inserted b in part a, in the description of the territories of states i before the paragraph relating to the territory of the state of assam, the following paragraph shall be inserted namely: the territory of the state of andhra shall comprise the territories specified in subsection 1 of section 3 of the andhra state act, and ii at the end of the last paragraph, the following shall be added, namely: but in the case of the state of madras shall not include the territories specified in subsection 1 of section 3 and subsection 1 of section 4 of the andhra state act, and c in part b, at the end of the paragraph containing the description of the territories of states, the following shall be added, namely: and in the case of the state of mysore shall also comprise the territory specified in subsection 1 of section 4 of the andhra state act, .

section 11. of the andhra state act : 1 the number of seats allotted in the house of the people to the state of madras shall be reduced from 75 to 46, the number of seats allotted to the state of mysore shall be increased from 11 to 12, and there shall be allotted 28 seats to the state of andhra in that house. 2 in the first schedule to the representation of the people act, 43 of a in the part relating to part a states, i entries 1 to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the following entry shall be inserted, namely: 1. andhra....28 and ii for the entry in column 2 against madras, the entry 46 shall be substituted and b in the part relating to part b states, for the entry in column 2 against mysore, the entry 12 shall be substituted.

section 12. of the andhra state act : the delimitation of parliamentary and assembly constituencies madras order, and the delimitation of parliamentary and assembly constituencies mysore order, shall, until other provision is made by law, have effect subject to the modifications directed by the second schedule.

section 13. of the andhra state act : every sitting member of the house of the people representing a constituency which on the appointed day by virtue of the provisions of section 12 stands transferred, whether with or without alteration of boundaries, to the state of andhra or to the state of mysore, shall be deemed to have been elected to the house of the people by that constituency as so transferred.

section 15. of the andhra state act : 1 the total number of seats to be filled by persons chosen by direct election a in the legislative assembly of andhra, shall be 140, b in the legislative assembly of madras, shall be reduced from 375 to 230, and c in the legislative assembly of mysore, shall be increased from 99 to 104. 2 in the second schedule to the representation of the people act, 43 of a in the part relating to part a states, i entries 1 to 9 shall be renumbered as entries 2 to 10 respectively and before entry 2 as so renumbered, the following entry shall be inserted, namely: 1. andhra.....140 and ii for the entry in column 2 against madras, the entry 230 shall be substituted and b in the part relating to part b states, for the entry in column 2 against mysore the entry 104 shall be substituted.

section 16. of the andhra state act : 1 every sitting member of the legislative assembly of madras representing a constituency which on the appointed day by virtue of the provisions of section 12 stands transferred, whether with or without alteration of boundaries, to the state of andhra or to the state of mysore shall, as from the appointed day, cease to be a member of the legislative assembly of madras and shall be deemed to have been elected to the legislative assembly of andhra or, as the case may be, of mysore by that constituency as so transferred. 2 the sitting member of the legislative assembly of madras nominated to that assembly under article 333 to represent the angloindian community shall, notwithstanding the diminution in the area of that state continue to represent the said community in that assembly under that article.

section 22. of the andhra state act : 1 the delimitation of council constituencies mysore order, , shall until other provision is made by law, have effect subject to the modification directed by the fifth schedule. 2 any reference in the said order to the state of mysore shall be construed as including the territory added to that state by subsection 1 of section 4. 3 the sitting members of the legislative council of mysore representing the chitaldrug local authorities constituency shall, as from the appointed day, be deemed to have been elected to that council by the chitaldrugcumbellary local authorities constituency. 4 every sitting member of the legislative council of mysore representing the mysore graduates constituency or the mysore teachers constituency, the boundaries of which are by virtue of the provisions of subsection 2 altered, shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered.

section 17. of the andhra state act : 1 the period of five years referred to in clause 1 of article 172 shall, in the case of the legislative assembly of andhra, be deemed to have commenced on the date on which it actually commenced in the case of the legislative assembly of madras. 2 the changes in the composition of the legislative assemblies of madras and mysore shall not affect the duration of either of those assemblies as provided under clause 1 of article 172.

section 18. of the andhra state act : where by virtue of the provisions of section 12 the extent of an assembly constituency has altered, the electoral roll for that constituency as so altered shall, as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any assembly constituency or constituencies as relate to the areas comprised within the constituency as so altered.

section 19. of the andhra state act : 1 in the legislative council of madras there shall be 51 seats of which a the numbers to be filled by persons elected by the electorates referred to in subclauses a, b and c of clause 3 of article 171 shall be 14, 4 and 4 respectively b the number to be filled by persons elected by the members of the legislative assembly of madras in accordance with the provisions of subclause d of the said clause shall be 18 and c the number to be filled by the persons nominated by the governor of madras in accordance with the provisions of subclause e of the said clause shall be 11: provided that as from the 21st day of april, a the number of seats to be filled by persons elected by the electorates referred to in subclause b of clause 3 of article 171 shall be increased to 6, and b the number of seats to be filled by persons referred to in clause c of this subsection shall be reduced to 9. 2 the two additional seats allotted under clause a of the proviso to subsection 1 shall, for the purpose of filling them for the first time, be deemed to be seats rendered vacant by the members of the legislative council of madras retiring on the expiration of their terms of office on the 20th day of april, . 3 the third schedule to the representation of the people act, 43 of shall, a as from the appointed day and until the 21st day of april, , stand amended as follows: for the entry relating to madras, the entry 3. madras shall be substituted and b as from the 21st day of april, , stand amended at follows: for the entry relating to madras, the entry 3. madras 18 9 shall be substituted.

section 23. of the andhra state act : as soon as may be after the appointed day, the electoral rolls for the mysore graduates constituency and the mysore teachers constituency shall be revised and an electoral roll shall be prepared for the chitaldrugcumbellary local authorities constituency for the mysore legislative council in accordance with the provisions of the representation of the people act, 43 of , and the roll so revised or prepared shall come into force immediately upon their final publication in accordance with the rules made under that act.

section 20. of the andhra state act : the delimitation of council constituencies madras order, , shall, until other provision is made by law have effect subject to the modifications directed by the third schedule: provided that as from the 21st day of april, , the table appended to paragraph 2 of that order shall have effect subject to the further modification that for the entry in column 3 thereof against madras graduates constituency the entry 6 shall be substituted.

section 21. of the andhra state act : 1 the sitting members of the legislative council of madras whose names are not specified in the fourth schedule shall, on the appointed day, cease to be members of that council. 2 the sitting members of the legislative council representing the madras south graduates constituency and the madras south teachers constituency shall, as from the appointed day, be deemed to have been elected to the legislative council of madras by the madras graduates constituency and the madras teachers constituency, respectively. 3 the terms of office of those sitting members who do not cease to be members of the legislative council on the appointed day shall be determined in accordance with the provisions contained in the fourth schedule.

section 31. of the andhra state act : 1 the high court of andhra shall have the like power to approve, admit, enroll, remove and suspend advocates and attorneys and to make rules with respect to advocates and attorneys, as are, under the law in force immediately before the prescribed day, exercisable by the high court at madras. 2 the right of audience in the high court of andhra shall be regulated in accordance with the like principles as, immediately before the prescribed day, are in force with respect to the right of audience in the high court at madras: provided that, subject to any rule made or direction given by the high court of andhra in the exercise of the powers conferred by this section, any person who immediately before the prescribed day is an advocate entitled to practice or an attorney entitled to act in the high court at madras shall be recognised as an advocate or an attorney entitled to practice or to act, as the case may be, in the high court of andhra.

section 25. of the andhra state act : the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative assembly of the state of madras shall, until rules are made under clause 1 of article 208, have effect in relation to the legislative assembly of the andhra subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 24. of the andhra state act : the constitution scheduled castes order, , and the constitution scheduled tribes order, , shall have effect subject to the modifications directed by the sixth schedule.

section 26. of the andhra state act : section 2 of the representation of the people act, , shall be renumbered as subsection 1 of section 2 and to the said section as so renumbered, the following subsection shall be added, namely: 2 any reference in this act to an order made under section 6, section 9 or section 11 shall, unless the context otherwise requires, be construed as including a reference to any such order as modified under section 12, section 20 or section 22, as the case may be, of the andhra state act, .

section 27. of the andhra state act : in subsection 3 of section 9 of the delimitation commission act, , for the words and the orders made under either of the said acts the following shall be substituted, namely: the andhra state act, , and the orders made under any of the said acts.

section 30. of the andhra state act : the high court of andhra shall have, in respect of the territories for the time being included in the state of andhra, all such original, appellate and other jurisdiction as, under the law in force immediately before the prescribed day, is exercisable in respect of the said territories or any part thereof by the high court at madras.

section 28. of the andhra state act : 1 as from the 1st day of january, , or such earlier date as may be appointed under subsection 2, there shall be a separate high court for the state of andhra hereinafter referred to as the high court of andhra. 2 the president may, if a resolution recommending the establishment of a separate high court for the state of andhra has, after having been adopted by the legislative assembly of that state, been submitted to him, appoint, by notifications in the official gazette, a date earlier than the 1st day of january, , for the purpose of subsection 1. 3 the date mentioned in subsection 1 or, if an earlier date is appointed under subsection 2, the date so appointed is hereinafter referred to as the prescribed day. 4 the principal seat of the high court of andhra shall be at such place as the governor of andhra may, before the prescribed day, by order, appoint: provided that if a resolution recommending any place for such principal seat is adopted by the legislative assembly of andhra, such place shall be appointed by the governor as the principal seat.

section 29. of the andhra state act : 1 such of the judges of the high court at madras holding office immediately before the prescribed day as may be determined by the president shall on that day cease to be judges of the high court at madras and become judges of the high court of andhra. 2 the persons who by virtue of subsection 1 become judges of the high court of andhra shall, except in the case where any such person is appointed to be the chief justice of that high court, rank in that court according to the priority of their respective appointments as judges of the high court at madras. 3 any person who by virtue of subsection 1 becomes a judge of the high court of andhra shall, except in the case where a judge other than the chief justice of the high court at madras is appointed to be the chief justice of the high court of andhra, continue to be entitled to receive in respect of time spent on actual service as a judge of the high court of andhra the special pay which he was drawing immediately before the prescribed day under subparagraph 2 of paragraph 10 of the second schedule to the constitution.

section 39. of the andhra state act : nothing in this part shall affect the application to the high court of andhra of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the prescribed day with respect to that high court by any legislature of other authority having power to make such provision.

section 32. of the andhra state act : subject to the provisions of this part, the law in force immediately before the prescribed day with respect to practice and procedure in the high court at madras shall, with the necessary modifications, apply in relation to the high court of andhra and accordingly that high court shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the prescribed day exercisable by the high court at madras: provided that any rules or orders which are in force immediately before the prescribed day with respect to practice and procedure in the high court at madras shall, until varied or revoked by rules or orders made by the high court of andhra apply with the necessary modifications in relation to practice and procedure in the high court of andhra as if made by that court.

section 33. of the andhra state act : the law in force immediately before the prescribed day with respect to the custody of the seal of the high court at madras shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of andhra.

section 34. of the andhra state act : the law in force immediately before the prescribed day with respect to the form of writs and other processes used, issued or awarded by the high court at madras shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of andhra.

section 35. of the andhra state act : the law in force immediately before the prescribed day relating to the powers of the chief justice, single judges and division courts of the high court at madras and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of andhra.

section 38. of the andhra state act : 1 except as hereinafter provided, the high court at madras shall as from the prescribed day, have no jurisdiction in respect of the state of andhra. 2 such proceedings pending in the high court at madras immediately before the prescribed day as are certified, whether before or after that day by the chief justice of that high court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court of andhra shall as soon as may be after such certification be transferred to the high court of andhra. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 30, but save as hereinafter provided, the high court at madras shall have and the high court of andhra shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court at madras before the prescribed day: provided that if after any such proceedings have been entertained by the high court at madras, it appears to the chief justice of that high court that they ought to be transferred to the high court of andhra he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at madras a before the prescribed day, in any proceedings transferred to the high court of andhra by virtue of subsection 2, or b in any proceedings with respect to which the high court at madras retains jurisdiction by virtue of subsection 3, shall for all purposes have effect, not only as an order of the high court at madras, but also as an order made by the high court of andhra.

section 36. of the andhra state act : the judges and division courts of the high court of andhra may sit at such place or places in the state of andhra other than its principal seat as the chief justice may, with the approval of the governor of andhra, appoint.

section 37. of the andhra state act : the law, in force immediately before the prescribed day relating to appeals to the supreme court from the high court at madras and the judges and division courts thereof shall with the necessary modifications, apply in relation to the high court of andhra.

section 40. of the andhra state act : 1 the provisions of this section shall have effect with respect to the period beginning on the appointed day and ending immediately before the prescribed day. 2 the jurisdiction of the high court at madras shall extend to the state of andhra, and the said high court shall, in relation to the territories of that state, continue to have such jurisdiction as it had immediately before the appointed day.

section 47. of the andhra state act : 1 subject to the other provisions of this part, the assets and liabilities of the state of madras immediately before the appointed day shall be apportioned between that state and the states of andhra and mysore in accordance with the provisions contained in the seventh schedule. 2 any dispute relating to, or arising out of, such apportionment shall be referred to the president whose decision shall be final.

section 41. of the andhra state act : 1 except as hereinafter provided a the jurisdiction of the high court of mysore shall, as from the appointed day, extend to the whole of the transferred territory, and b the high court at madras shall, as from that day, have no jurisdiction in respect of the transferred territory. 2 such proceedings pending in the high court at madras immediately before the appointed day as are certified by the chief justice of that high court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court of mysore shall, as soon as may be after such certification, be transferred to the high court of mysore. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court at madras shall have, and the high court of mysore shall, not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court at madras before the appointed day: provided that if after any such proceedings have been entertained by the high court at madras, it appears to the chief justice of that high court that they ought to be transferred to the high court of mysore he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at madras a before the appointed day in any proceedings transferred to the high court of mysore by virtue of subsection 2 or b in any proceedings with respect to which the high court at madras retains jurisdiction by virtue of subsection 3. shall for all purposes have effect, not only as an order of the high court at madras, but also as an order made by the high court of mysore. 5 any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to act in the high court at madras and was authorised to appear or to act in any proceedings transferred from that high court to the high court of mysore under subsection 2 or the proviso to subsection 3 shall, on such transfer of the proceedings, have the right to appear or to act, as the case may be, in the high court of mysore in relation to those proceedings as an advocate or an attorney entitled to practise or to act in the high court of mysore.

section 42. of the andhra state act : for the purposes of sections 38 and 41 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal including leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 43. of the andhra state act : 1 the governor of madras may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of andhra and the consolidated fund of the state of madras as he deems necessary for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state of andhra or the state of madras, as the case may be: provided that the governor of andhra may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of andhra for any period not extending beyond the said period of four months. 2 rajpramukh of mysore may also, at any time before the appointed day authorise such expenditure from the consolidated fund of the state of mysore as he deems necessary for meeting the additional expenditure in respect of the transferred territory for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state.

section 44. of the andhra state act : any grant made by the legislative assembly of madras under subclause a of clause 1 of article 206 in respect of the estimated expenditure for a part of the financial year and the law made by the legislature of that state authorising the withdrawal of moneys from the consolidated fund of the state for the purposes for which the said grant has been made shall, notwithstanding that the procedure prescribed in article 203 for the voting of such grant has not been completed and the law in accordance with the provisions of article 204 in relation to such expenditure has not been passed before the appointed day, be deemed to be sufficient authority for all expenditure incurred before that day for the purposes for which the said grant has been made and for the withdrawal of moneys before that day from the consolidated fund of the state in relation to such expenditure.

section 45. of the andhra state act : as from the appointed day, any act passed by the legislature of madras before that day for the appropriation of any money out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall cease to have effect.

section 46. of the andhra state act : the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the state of madras in respect of any period prior to the appointed day shall be submitted to the governor of each of the states of andhra and madras who shall cause them to be laid before the legislature of the state.

section 48. of the andhra state act : 1 where before the appointed day the state of madras had made any contract in the exercise of the executive power of that state for any purposes of the state, then such contract shall a if such purposes are as from that day i exclusively purposes of the state of andhra, or ii partly purposes of the state of andhra and partly purposes of the state of mysore and not purposes of the state of madras as constituted on the appointed day, be deemed to have been made in the exercise of the executive power of the state of andhra instead of the state of madras b if such purposes are as from that day exclusively purposes of the state of mysore, be deemed to have been made in the exercise of the executive power of that state instead of the state of madras and c in any other case, continue to have effect as having been made in the exercise of the executive power of the state of madras and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the state of madras as constituted immediately before the appointed day, be rights or liabilities of the state of andhra, the state of mysore or the state of madras, as the case may be. 2 for the purposes of this section there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the provisions relating to apportionment of liabilities in respect of loans, guarantees and other financial obligations contained in the seventh schedule and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under the said provisions.

section 54. of the andhra state act : for the purpose of facilitating the application in relation to the state of andhra, madras or mysore of any law made before the appointed day, the appropriate government may, before the 1st day of april, , by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects a law relating to a matter enumerated in list i of the seventh schedule to the constitution, the central government, and as respects any other law, the state government of andhra, madras or mysore, as the case may be.

section 49. of the andhra state act : where immediately before the appointed day, the state of madras is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall, a where the cause of action arose i wholly within the territories which as from that day are the territories of the state of andhra, or ii partly within the territories which as from that day are the territories of the state of andhra and partly within the transferred territory but not within any part of the territories which as from that day are the territories of the state of madras, be a liability of the state of andhra b where the cause of action arose wholly within the transferred territory, be a liability of the state of mysore and c in any other case, continue to be a liability of the state of madras.

section 55. of the andhra state act : notwithstanding that no provision or insufficient provision has been made under section 54 of the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of andhra, madras or mysore, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court, tribunal or authority, as the case may be.

section 50. of the andhra state act : if immediately before the appointed day, the state of madras is liable as guarantor in respect of any liability of a cooperative society which is registered under the madras cooperative societies act, 6 of and whose area of operations is limited to the whole or any part of the territories which on the appointed day become the territories of the state of andhra then as from that day the said liability of the state of madras in respect of such guarantee shall be a liability of the state of andhra.

section 51. of the andhra state act : where by virtue of any of the provisions of sections 47 to 50 or of the seventh schedule, any of the states of madras, andhra and mysore becomes entitled to any property or obtains any other benefits or becomes subject to any liability, and the president is of opinion, on a reference made within a period of three years from the appointed day, by any state concerned, that it is just and equitable that that property or those benefits should be transferred to or shared with one or both of the other states, or a contribution towards that liability should be made by one or both of the other states, the said property or benefits shall be allocated in such manner, or the other state or states shall make to the state primarily subject to the liability such contribution in respect thereof, as the president may after consultation with the state governments concerned, by order determine.

section 53. of the andhra state act : the provisions of part ii shall not be deemed to have effect any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of madras or of mysore shall, until otherwise provided by a competent legislature or other competent authority, continue to have the same meaning.

section 52. of the andhra state act : all sums payable by any of the states of madras, andhra and mysore to any one of the other two states or to the central government by virtue of the provisions of paragraph 12 or paragraph 17 of the seventh schedule, shall be charged on the consolidated fund of the state by which such sums are payable.

section 56., for exercising statutory functions. of the andhra state act : the governor as respects the state of andhra and the rajpramukh as respects the transferred territory may, by notification in the official gazette, specify the authority, officer or person who as from the appointed day shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 61. of the andhra state act : 1 in place of the cadres of the indian administrative service and the indian police service existing in the state of madras immediately before the appointed day, there shall, as from that day, be two separate cadres, one for the state of andhra and the other for the state of madras, in respect of each of the services. 2 the president shall, by order, determine the strength and composition of, and the allocation of individual officers, to the said cadres for each of the states of andhra and madras. 3 every officer allocated under subsection 2 to the cadre for the state of andhra who immediately before the appointed day is serving in connection with the affairs of the state of madras shall, a if immediately before the appointed day he is holding any post in any area which on that day falls in the state of andhra, be as from that day, deemed to have been duly appointed to that post by the government of andhra and b if immediately before the appointed day he is not holding any post in any such area, be appointed by the government of andhra to a post in connection with the affairs of that state.

section 57. of the andhra state act : where, immediately before the appointed day, the state of madras is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the state of madras and the states of andhra and mysore under this act, the state which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the state of madras as a party to those proceedings or to be added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 63. of the andhra state act : 1 the president may by general order require all persons who immediately before the appointed day are serving in connection with the affairs of the state of madras in the territories specified in subsection 1 of section 3 or in the transferred territory and who under the terms of their appointments or their conditions of service are not normally liable to be transferred outside the said territories or territory in which they are serving, to serve as from the appointed day in connection with the affairs of the state of andhra or the state of mysore, as the case may be, and all allocations so made by the president shall be final. 2 the president may by special order require any person who is serving immediately before the appointed day in connection with the affairs of the state of madras and to whom the provisions of subsection 1 do not apply, to serve in connection with the affairs of the state of andhra. 3 every person who is required to serve under subsection 1 or subsection 2 in connection with the affairs of the state of andhra or the state of mysore shall, a if immediately before the appointed day he is holding any post in connection with the affairs of the state of madras in any area which on that day falls in the state in which he is so required to serve, be deemed as from that day to have been duly appointed to that post by the government of, or by other appropriate authority in the state concerned in connection with the affairs of that state and b if immediately before the appointed day he is not holding any post in any such area, be appointed by the government of, or by other appropriate authority in, the state concerned, to a post in connection with the affairs of that state. 4 all persons who are required by the president under subsection 2 to serve in connection with the affairs of the state of andhra shall be classified by him into the following two categories, namely: i officers whose allocation to the state of andhra is final hereinafter referred to in this section as allotted officers, and ii officers required by the president to serve in connection with the affairs of the state of andhra for a limited period as provided in subsection 5 hereinafter referred to in this section as transferred officers. 5 the period for which a transferred officer may be required to serve in connection with the affairs of the state of andhra shall be two years: provided that the government of andhra may return any such officer to the state of madras at any time before the expiration of the said period after giving three months notice to him and to the government of madras. 6 an officer shall be classified under subsection 4 as an allotted officer or a transferred officer according as he is, or is not, in the opinion of the president, suitable for final allotment to the state of andhra. 7 a transferred officer shall, during the period he is required to serve in connection with the affairs of the state of andhra, a continue to be in the service of the state of madras and be deemed to be on deputation to the state of andhra, and b be entitled in addition to the remuneration which he would have drawn if he had continued during such period to serve in connection with the affairs of the state of madras, to such allowances as the president may by general or special order determine. 8 a transferred officer shall not be dismissed, removed or reduced in rank except with the previous concurrence of the government of madras, and if the government of madras does not concur in any such proposal of the government of andhra, then the government of andhra shall notwithstanding anything contained in subsection 5 return the officer concerned to the state of madras. 9 subject to the provisions of subsections 7 and 8, the conditions of service of a transferred officer shall be the same as they would have been if he had continued to serve in connection with the affairs of the state of madras during the period he is required to serve in connection with the affairs of the state of andhra. 10 the foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 61 or section 62 apply.

section 58. of the andhra state act : 1 every proceeding pending immediately before the appointed day before a court other than the high court, tribunal, authority or officer a in any area which on that day falls within the state of madras or the transferred territory shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of the state of andhra, stand transferred to the corresponding court, tribunal, authority or officer in the state of andhra, or b in any area which on that day falls within the state of madras or the state of andhra shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the state of mysore. 2 if any question arises as to whether any proceeding shall stand transferred under subsection 1, it shall be referred for the decision of the chief justice of the high court at madras and his decision shall be final. 3 in this section a proceeding includes any suit, case or appeal, and b corresponding court, tribunal, authority or officer in relation to a state means i the court, tribunal authority or officer in which the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in the state as may be determined, before the appointed day by the governor of madras, and after the appointed day by the governor or rajpramukh of that state, to be the corresponding court, tribunal, authority or officer.

section 59. of the andhra state act : 1 the government of madras and the government of mysore shall, for a period of five years from the appointed day, make available to the government of andhra the jails and other institutions specified in part i and part ii respectively of the eighth schedule for the reception and detention of persons committed to, or ordered to be detained in, such jails or institutions by any court, tribunal or other authority in the state of andhra. 2 it shall be competent for a court, tribunal or other authority in the state of andhra to order the commitment to, or detention in, any of the jails and other institutions specified in the eighth schedule during the period referred to in subsection 1 of persons convicted and sentenced, or ordered to be detained therein, by such court, tribunal or other authority notwithstanding that such jail or institution is outside the state. 3 the terms and conditions subject to which the jails and other institutions specified in the eighth schedule shall be used by the government of andhra for the purposes referred to in subsection 1 shall be such as may be agreed upon between the governments concerned by the 1st day of january, , or, if no agreement is reached by the said date, as may be fixed by order of the president.

section 60. of the andhra state act : the government of madras and the government of mysore, in respect of the institutions specified in part i and part ii, respectively, of the ninth schedule shall provide for the government and the people of the state of andhra such facilities, for such period and upon such terms and conditions as may be agreed upon between the governments concerned by the 1st day of january, , or, if no agreement is reached by the said date, as may be fixed by order of the president.

section 65. of the andhra state act : the report of the madras public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of andhra and madras, and the governor of madras shall on receipt of such report cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of madras and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of the state of andhra.

section 62. of the andhra state act : 1 in respect of the members borne on the madras cadre of the services known as the indian civil service, the indian police, the indian service of engineers and the indian forest service, the president shall, by order, determine the allocation of individual officers to the states of andhra and madras. 2 every officer allocated under subsection 1 to the state of andhra, who immediately before the appointed day, is serving in connection with the affairs of the state of madras shall a if, immediately before the appointed day, he is holding any post in any area which on that day falls in the state of andhra, be deemed, as from that day, to have been duly appointed to that post by the government of andhra and b if, immediately before the appointed day, he is not holding any post in any such area, be appointed by the government of andhra to a post in connection with the affairs of that state.

section 69. of the andhra state act : if any difficulty arises in giving effect to the provisions of this act, the president may by order do anything not inconsistent with such provisions which appear to him to be necessary or expedient for the purpose of removing the difficulty.

section 64. of the andhra state act : the president may give such directions to the states of madras, andhra and mysore as may appear to him to be necessary for the purpose of giving effect to the provisions of sections 61, 62 and 63 and ensuring the proper division of services among those states.

section 68. of the andhra state act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 66. of the andhra state act : show related subordinates 1 notwithstanding anything contained in this act but subject to the provisions of paragraph 12 of the seventh schedule, all rights and liabilities of the state of madras in relation to tungabhadra project or the administration thereof shall, on the appointed day, be the rights and liabilities of the states of andhra and mysore subject to such adjustments as may be made by agreement entered into by the said states after consultation with the president or if no such agreement is entered into within two years from the appointed day, as the president may by order determine having due regard to the purposes of the project, and any such order may provide for the management of the project jointly by the said states or otherwise: provided that the order so made by the president may be varied by any subsequent agreement entered into by the states of andhra and mysore. 2 an agreement or order referred to in subsection 1 shall, if there has been an extension or further development of the project after the appointed day, provide also for the rights and liabilities of the states of andhra and mysore in relation to such extension or further development. 3 the rights and liabilities referred to in subsections 1 and 2 shall include a the rights to receive and to utilise water which may be available for distribution as a result of the project, b the rights to receive and to utilise the power generated as a result of the project. c the rights and liabilities in respect of the administration of the project and the construction, maintenance and operation thereof, but shall not include the rights and liabilities under any contract entered into before the appointed day by the government of madras with any person other than government. 4 the president may from time to time give such directions as may appear to him to be necessary generally in regard to any of the matters specified in the foregoing provisions of this section and, in particular, for the completion of the project and its operation and maintenance thereafter: provided that no such direction shall be issued or have effect after an agreement has been entered into by the states of andhra and mysore under subsection 1 or after an order has been made by the president under that subsection, whichever is earlier. 5 in this section, the expression tungabhadra project or the project means the project agreed to between the government of madras and the government of hyderabad before the appointed day and, so far as the state of madras is concerned, intended for the supply and distribution of water from the tungabhadra river by means of highlevel and low level canals to the districts of bellary, anantapur, cuddapah and kurnool, and for the generation of electric energy, both hydroelectric and thermal, and its transmission and distribution to the said districts and includes any extension or further development after that day of that project for the said purposes.

section 67. of the andhra state act : the allowances and privileges of the governor of andhra shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 8. of the merchant shipping act : show related subordinates 1 the central government may establish and maintain at each of the ports of bombay, calcutta and madras and at such other port in india as it may consider necessary an office of the mercantile marine department for the administration of this act and the rules and regulations thereunder. 2 the office of the mercantile marine department at the port of bombay, calcutta or madras shall be in the charge of a principal officer, and the office at any other port shall be in the charge of such officer as the central government may appoint in this behalf. 3 in the discharge of their duties, the principal officer and other officers shall be subject to the control of the directorgeneral.

section 1. of the merchant shipping act : show related subordinates 1 this act may be called the merchant shipping act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act. 1 parts i and ii came into force w.e.f. 15th december, , vide notification no. s. o. a, dated the 10th december, , see gazette of india, , pt. ii. sec. 3ii. part iv came into force w.e.f. 17th march, , vide notification no. s. o. 627, dated the 17th march, , see gazette of india, , pt. ii, sec. 3ii. sections 7, 405 to 414 both inclusive, 436 in so far as it relates to offences mentioned against s. nos. 122 to 125, 437 to 442, 447, 448, 456 to 460 and so much of section 461 and of part i of the schedule as relate to the control of shipping act, 26 of , came into force on the 1st april, , see notification no. s. o. 565, dated the 26th february, , gazette of india, pt. ii, sec. 3ii. the remaining provisions came into force w.e.f. 1st january, , vide notification no. s. o. , dated the 17th december, , see gazette of india, , pt. ii, sec. 3ii.

section 2. of the merchant shipping act : show related subordinates 12. application of act.1 unless otherwise expressly provided, the provisions of this act which apply to a any vessel which is registered in india or b any vessel which is required by this act to be so registered or c any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause a or in clause b or in clause c, as the case may be, of section 21 applies, shall so apply wherever the vessel may be. 2 unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in subsection 1 shall so apply only while any such vessel is within india, including the territorial waters thereof. 1 . subs. by act 12 of , s. 2, for section 2 w.e.f..

section 7. of the merchant shipping act : show related subordinates 1 the central government may by notification in the official gazette, appoint a person to be the directorgeneral of shipping for the purpose of exercising or discharging the powers, authority or duties conferred or imposed upon the directorgeneral by or under this act. 2 the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the directorgeneral or by such other officer as may be specified in the order. 3 the directorgeneral may, by general or special order, and with the previous approval of the central government, direct that any power or authority conferred upon or delegated to, and any duty imposed upon, the directorgeneral by or under this act may, subject to such conditions and restrictions as he may think fit to impose, be exercised or discharged also by such officer or other authority as he may specify in this behalf.

section 3. of the merchant shipping act : show related subordinates in this act, unless the context otherwise requires, 11 cargo ship means a ship which is not a passenger ship 21a coasting ship means a ship exclusively employed in trading between any port or place in india and any other port or place on the continent of india or between ports or places in india and ports or places in ceylon or burma 2 coasting trade of india means the carriage by sea of passengers or goods from any port or place in india to any other port or place on the continent of india 3 collision regulations means the regulations made under section 285 for the prevention of collisions at sea 4 company means a company as defined in section 3 of the companies act, 1 of 5 country to which the load line convention applies means, a a country the government of which has been declared 3 under section 283 to have accepted the load line convention and has not been so declared to have denounced that convention b a country to which it has been so declared that, the load line convention has been applied under the provisions of 4article thirtytwo thereof, not being a country to which it has been so declared that that convention has ceased to apply under the provisions of that article 6 country to which the safety convention applies means, a a country the government of which has been declared under section 283 to have accepted the safety convention and has not been so declared to have denounced that convention b a territory to which it has been so declare that the safety convention extends, not being a territory to which it has been so declared that that convention has ceased to extend 7 court in relation to sections 178 to 183 inclusive means a civil or revenue court 8 directorgeneral means the directorgeneral of shipping appointed under section 7 9 distressed seaman means a seaman engaged under this act who, by reason of having been discharged or left behind from, or shipwrecked in, any ship at a place outside india, is in distress at that place 10 effects, in relation to a seaman, includes clothes and documents 11 equipment, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship 511a family means i in the case of male, his wife, his children whether married or unmarried, his dependent parents and his deceased sons widow and children: provided that if a person proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouses belong to be entitled to maintenance she shall no longer be deemed to be a part of such persons family for the purpose of this act unless such person subsequently intimates by express notice, in writing, to the central government that she shall continue to be so regarded and ii in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husbands dependent parents and her deceased sons widow and children: provided that if a person by notice in writing to the central government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such persons family for the purpose of this act, unless such person subsequently cancels in writing any such notice. explanation.in either of the above two cases, if the child, or, as the case may be, the child of a deceased son, of a person has been adopted by another person and if under the personal law of the adopter adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person. 12 fishing vessel means a ship fitted with mechanical means of propulsion which is exclusively engaged in sea fishing for profit 13 foreigngoing ship means a ship, not being a home trade ship, employed in trading between any port or place in india and any other port or place or between ports or places, outside india 614 free board means the distance measured vertically downwards, amidships, from the upper edge of the deck line to the upper edge of the related load line 15 high court, in relation to a vessel, means the high court within the limits of whose appellate jurisdiction a the port of registry of the vessel is situate or b the vessel is for the time being or c the cause of action wholly or in part arises 16 hometrade ship means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in india and any other port or place on the continent of india or between ports or places in india and ports or places in ceylon, maladive islands, federation of malaya, singapore or burma 17 indian consular officer means the consulgeneral, consul, viceconsul, consular agent and proconsul appointed as such by the central government, and includes any person authorised by the central government to perform the functions of consulgeneral, consul, viceconsul, consular agent or proconsul 18 indian ship means a ship registered as such under this act and includes any ship registered at any port in india at the commencement of this act which is recognised as an indian ship under the proviso to subsection 2 of section 22 718a international voyage means a voyage from or to a port or place in india to or from a port or place outside india 19 load line certificate means the certificate issued under section 316 or section 321 820 local line contention means the international convention on load lines signed in london on the 5th day of april, , as amended from time to time 21 marine board means a board of marine inquiry convened under section 373 22 master includes any person except a pilot or harbour master having command or charge of a ship 722a nuclear ship means a ship provided with a nuclear power plant 23 owner means a in relation to a ship, the person to whom the ship or a share in the ship belongs b in relation to a sailing vessel, the person to whom the sailing vessel belongs 24 passenger means any person carried on board a ship except a a person employed or engaged in any capacity on board the ship on the business of the ship b a person on board the ship either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled c a child under one year of age 25 passenger ship means a ship carrying more than twelve passengers 26 pilgrim means a person making a pilgrimage and, in the case of a passenger on board a pilgrim ship, includes every person accompanying or travelling with the person making the pilgrimage 927 pilgrimage means pilgrimage to any holy place in the hedjaz or to any other place declared by the central government to be a place of pilgrimage by notification in official gazette 28 pilgrim ship means a special trade passenger ship which makes a voyage to or from the hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the central government in pursuance of clause 27, during the season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship 29 port of registry, in relation to a ship or a sailing vessel, means the port at which she is registered or is to be registered 30 prescribed means prescribed by rules made under this act 31 proceeding in relation to sections 178 to 183 inclusive includes any suit, appeal or application 32 proper officer means the officer designated by the central government to be the proper officer at the port or place and in respect of the matter to which reference is made in the provision of this act in which the expression occurs 33 proper return port, in relation to a master, seaman or apprentice discharged or left behind, means the port at which the master, seaman or apprentice was engaged, or the port agreed to as such by the master, seaman or apprentice, as the case may be 34 radio inspector means a person appointed as such under section 10 35 registrar means the registrar referred to in section 24 36 a repatriation expenses means expenses incurred in returning a distressed seaman to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a ship wrecked seaman the repayment of expenses incurred in conveying him to port after shipwreck and maintaining him while being so conveyed and b excepted expenses, in relation to repatriation expenses, means repatriation expenses incurred in cases where the cause of the seaman being left behind is desertion or absence without leave or imprisonment for misconduct, or discharge from his ship by a marine board on the ground of misconduct 37 safety convention means the convention for the safety of life at sea signed in london on the 101st day of november, as amended from time to time 1138 safety convention certificate means, i a passenger ship safety certificate, 12ia a special trade passenger ship safety certificate, ib a special trade passenger ship space certificate, ii a qualified passenger ship safety certificate, iii a cargo ship safety construction certificate, iv a qualified cargo ship safety construction certificate, v a cargo ship safety equipment certificate, vi a qualified cargo ship safety equipment certificate, vii a cargo ship safety radio telegraphy certificate, viii a cargo ship safety radio telephony certificate, ix an exemption certificate, x a nuclear passenger ship safety certificate, xi a nuclear cargo ship safety certificate, issued under part ix or, as the case may be, part ixa 39 sailing vessel, means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft 40 salvage includes all expenses properly incurred by the salvor in the performance of salvage services 41 seagoing, in relation to a vessel, means a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters by the central government by notification in the official gazette 42 seaman means every person except a master, pilot or apprentice employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 to 183 inclusive includes a master 43 seamens employment office means the seamens employment office referred to in section 12 44 seamens welfare officer means the seamens welfare officer referred to in section 13 1344a security means maritime security and includes any measure to protect ports or ships or any person or thing relating directly or indirectly to maritime navigation, i against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage and ii against any other hostile act or influence which threatens the security in the maritime transport sector, employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments 45 ship does not include a sailing vessel 46 shipping master means the shipping master referred to in section 11 but in relation to any seaman for the purposes of sections 178 to 183 inclusive means a shipping master appointed, i for the port at which the seaman entered into, or is believed to have entered into, an agreement, or ii where the seaman did not enter into his agreement in india, for the port to which the seaman has returned, or is expected to return, on the completion of his latest voyage 47 shipping office means the shipping office referred in section 11 1447a special trade means the conveyance of large number of passengers by sea within prescribed sea areas 47b special trade passenger means a passenger carried in special trade passenger ship in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a pilgrim 47c special trade passenger ship means a mechanically propelled ship carrying more than thirty special trade passengers 48 surveyor means the surveyor referred to in section 9 1548a tanker means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature 49 tidal water means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour 50 tindal means the person in command or charge of a sailing vessel 16 53 valid international load line certificate means a certificate purporting to have been issued in accordance with the load line convention in respect of a ship, other than an indian ship, by the government of the country in which the ship is registered 54 valid safety convention certificate means a certificate purporting to have been issued in accordance with the safety convention in respect of a ship, other than an indian ship, by the government of the country in which the ship is registered 55 vessel includes any ship, boat, sailing vessel, or other description of vessel used in navigation 56 voyage for the purposes of part viii, means the whole distance between the ships port or place of departure and her final port or place of arrival 57 wages includes emoluments 58 wreck includes the following when found in the sea or in tidal water or on the shores thereof a goods which have been cast into the sea and then sink and remain under water b goods which have been cast or fall into the sea and remain floating on the surface c goods which are sunk in the sea, but are attached to a floating object in order that they may be found again d goods which are thrown away or abandoned and e a vessel abandoned without hope or intention of recovery 59 young person means a person under eighteen years of age. 1. ins. by act 21 of , s. 2 w.e.f. 28.5.. 2. clause 1 renumbered as clause 1a by s. 2, ibid. w.e.f. . 3. the words or is deemed to have been declared omitted by act 25 of , s. 2 w.e.f. . 4. subs. by s. 2, ibid., for article twentyone w.e.f. 217 . 5 .ins. by act 41 of , s. 2 w.e.f. . 6. subs. by act 25 of , s. 2, for clause 14 w.e.f.. 7. ins. by act 21 of , s 2 w.e.f. . 8. subs. by act 25 of , s. 2, for clause 20 w.e.f.. 9. subs. by act 69 of , s. 3, for clauses 27 and 28 w.e.f. . 10. subs. by act 12 of , s. 3, for 17th day of june, w.e.f. . 11. subs. by act 21 of , s. 2, for clause 38 w.e.f. . 12. ins. by act 69 of , s. 3 w.e.f. . 13. ins. by act 40 of , s. 3 w.e.f. . 14. ins. by act 69 of , s. 3 w.e.f. . 15. ins. by act 21 of , s.2 w.e.f. . 16. clauses 51 and 52 omitted by act 69 of , s. 3 w.e.f. .

section 6. of the merchant shipping act : show related subordinates 1 the central government may make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of members of the board and the manner of filling casual vacancies in the board b the appointment of officers and other employees to enable the board to discharge its functions under section 5 and the terms and conditions of their service c the travelling and other allowances payable to members of the board.

section 4. of the merchant shipping act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established a board to be called the national shipping board hereinafter in this part referred to as the board. 2 the board shall consist of the following members, namely: a six members elected by parliament, four by the house of the people from among its members and the other two by the council of states from among its members b such number of other members, not exceeding sixteen as the central government may think fit to appoint to the board, to represent i the central government, ii ship owners, iii seamen, and iv such other interests as, in the opinion of the central government, ought to be represented on the board: provided that the board shall include an equal number of persons representing the ship owners and seamen. 3 the central government shall nominate one of the members of the board to be the chairman of the board. 4 the board shall have power to regulate its own procedure.

section 5. of the merchant shipping act : the board shall advise the central government a on matters relating to indian shipping, including the development thereof and b on such other matters arising out of this act as the central government may refer to it for advice.

section 9. of the merchant shipping act : show related subordinates 1 the central government may by, notification in the official gazette, appoint at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the purposes of this act. 11a without prejudice to the provisions of subsection 1, the central government, in the case of cargo ships, may, by notification in the official gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this act. 2 the surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. 3 at any port at which no surveyor appointed under this section is available, the central government may, by notification in the official gazette, appoint any qualified person to perform the functions of a surveyor under this act. 4 all acts done under this act by a principal officer of the mercantile marine department or a person appointed under subsection 3 relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this act. 1. ins. by act 21 of , s. 3 w.e.f. .

section 10. of the merchant shipping act : show related subordinates the central government may, by notification a in the official gazette, appoint as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this act and the rules and regulations there under relating to radio telegraphy, radio telephony and direction finders are complied with.

section 11. of the merchant shipping act : show related subordinates 1 the central government may, by notification in the official gazette, establish a shipping office at every port in india in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters, as it may consider necessary. 2 shipping masters, deputy shipping masters and assistant shipping masters shall exercise their powers and discharge their duties subject to the general control of the central government or of any intermediate authority which the central government may specify in this behalf. 3 the central government may direct that at any port at which no separate shipping office is established, the whole or any part of the business of the shipping office shall be conducted at the custom house or at the office of the port officer or at such other office as the central government may specify, and thereupon the same shall be conducted accordingly. 4 all acts done by or before a deputy shipping master, an assistant shipping master and the officer to whom any business of the shipping office is committed under subsection 3 shall have the same effect as if done by or before a shipping master for the purposes of this act.

section 23. of the merchant shipping act : show related subordinates 1 the ports at which registration of ships shall be made shall be the ports of bombay, calcutta and madras and such other ports in india as the central government may, by notification in the official gazette, declare to be ports of registry under this act. 2 the port at which an indian ship is registered for the time being under this act shall be deemed to be her port of registry and the port to which she belongs.

section 13. of the merchant shipping act : show related subordinates 1 the central government may appoint a seamens welfare officers at such ports in or outside india as it may consider necessary. 2 a seamens welfare officer appointed under subsection 1 shall perform a in the case of any such officer appointed at any port in india, such functions in relation to welfare of seamen as may be assigned to him by the central government b in the case of any such officer appointed at any port outside india, such functions in relation to welfare of seamen and such functions of an indian consular officer under part vii as may be assigned to him by the central government. 3 if any seamens welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer under part vii, such functions shall have the same effect as if they had been performed by an indian consular officer for the purposes of that part. 1 1. part iv omitted by act 66 of , s. 3 w.e.f. .

section 12. of the merchant shipping act : show related subordinates 1 the central government may, by notification in the official gazette, establish at every port in india in which it thinks it necessary so to do, a seamens employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary. 2 the directors, deputy directors and assistant directors shall exercise their powers and discharge their duties subject to the general control of the central government or of any intermediate authority which the central government may specify in this behalf. 3 all acts done by or before a deputy or assistant director shall have the same effect as if done by or before a director for the purposes of this act. 4 the central government may, by notification in the official gazette, direct that at any port at which no separate seamens employment office is established, the functions of the seamens employment office in that port shall be discharged by such person or body of persons as it may specify in the notification, and thereupon the office of the person or body of persons so specified shall be deemed to be the seamens employment office established at that port for the purposes of this act.

section 20. of the merchant shipping act : this part applies only to seagoing ships fitted with mechanical means of propulsion.

section 24. of the merchant shipping act : show related subordinates at each of the ports of bombay, calcutta and madras, the principal officer of the mercantile marine department, and at any other port such authority as the central government may, by notification in the official gazette, appoint, shall be the registrar of indian ships at that port: 1provided that subject to such order as the central government may issue in this behalf when the office of registrar of indian ships at any port is vacant or the holder of such office is on leave or is not available, for any reason at the port to exercise and discharge the powers, duties and functions of the office the senior most surveyor at that port may act as and exercise and discharge the powers duties and functions of the registrar of indian ships at that port. 1. proviso ins. by act 41 of , s. 3 w.e.f. .

section 21. of the merchant shipping act : show related subordinates for the purposes of this act, a ship shall not be deemed to be an indian ship unless owned wholly by persons to each of whom 1any of the following descriptions applies: a a citizen of india or 2b a company or a body established by or under any central or state act which has its principal place of business in india or c a cooperative society which is registered or deemed to be registered under the cooperative societies act, 2 of , or any other law relating to cooperative societies for the time being in force in any state. 1. subs. by act 43 of , s. 2, for either w.e.f. . 2. subs. by act 68 of , s. 2, for clauses b and c w.e.f. .

section 22. of the merchant shipping act : show related subordinates 1 every indian ship, unless it is a ship which does not exceed fifteen tons net and is employed solely in navigation on the coasts of india, shall be registered under this act. 2 no ship required by subsection 1 to be registered shall be recognised as an indian ship unless she has been registered under this act: provided that any ship registered at the commencement of this act at any port in india under any enactment repealed by this act, shall be deemed to have been registered under this act and shall be recognised as an indian ship. 3 a ship required by this act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship. 1explanation.for the purposes of this section, ship does not include a fishing vessel. 1. explanation ins. by act 12 of , s. 4 w.e.f. .

section 25. of the merchant shipping act : show related subordinates every registrar shall keep a book to be called the register book and entries in that book shall be made in accordance with, the following provisions: a the property in a ship shall be divided into ten shares b subject to the provisions of this act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner c a person shall not be entitled to be registered as owner of a fractional part of a share in a ship but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein d joint owners shall be considered as constituting one person and shall not be entitled to dispose in severally of any interest in a ship or any share therein in respect of which they are registered e a company 1or a cooperative society may be registered as owner by its name. 1. ins. by act 43 of , s. 3 w.e.f. .

section 26. of the merchant shipping act : an application for the registry of an indian ship shall be made a in the case of an individual, by the person requiring to be registered as owner or by his agent b in the case of more than one individual requiring to be so registered, by some one or more of the persons so requiring or by his or their agent and c in the case of a company 1or a cooperative society requiring to be so registered, by its agent and the authority of the agent shall be testified by writing, if appointed by an individual, under the hand of the person appointing him and, if appointed by a company, 1or a cooperative society under its common seal. 1. ins. by s. 4, ibid. w.e.f. .

section 27. of the merchant shipping act : show related subordinates 1 the owner of every indian ship in respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor and the tonnage of the ship ascertained in the prescribed manner. 2 the surveyor shall grant a certificate specifying the ships tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry.

section 32. of the merchant shipping act : on the registry of a ship, the registrar shall retain in his custody the following documents : a the surveyors certificate b the builders certificate c any instrument of sale by which the ship was previously sold d all declarations of ownership.

section 28. of the merchant shipping act : show related subordinates 1 the owner of an indian ship who applies for registry under this act shall, before registry, cause her to be marked permanently and conspicuously in the prescribed manner and to the satisfaction of the registrar and any ship not so marked may be detained by the registrar. 2 subject to any other provision contained in this act and to the provisions of any rules made there under, the owner and the master of an indian ship shall take all reasonable steps to ensure that the ship remains marked as required by this section, and the said owner or master shall not cause or permit any alterations of such marks to be made except in the event of any of the particulars thereby denoted being altered in the manner provided in this act or except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.

section 34. of the merchant shipping act : show related subordinates on completion of the registry of an indian ship, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book with the name of her master.

section 29. of the merchant shipping act : a person shall not be registered as the owner of an indian ship or of a share therein until he or, in the case of a company 1or a cooperative society, the person authorised by this act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars: a a statement whether he is or is not a citizen of india 2or in the case of a company, or a cooperative society, whether the company or a cooperative society, satisfies the requirements specified in clause b or, as the case may be, clause c of section 21 b a statement of the time when and the place where the ship was built or if the ship is built outside india and the time and place of building is not known, a statement to that effect and in addition, in the case of a ship previously registered outside india, a statement of the name by which she was so registered c the name of her master d the number of shares in the ship in respect of which he or the company, 3or the cooperative society, as the case may be, claims to be registered as owner and e a declaration that the particulars stated arc true to the best of his knowledge and belief. explanation.in respect of a ship or share owned by more than one person, a declaration may be made by such one of them as may be authorised by them. 1. ins. by s. 5, ibid. w.e.f. . 2. subs. by act 43 of , s. 5, for or in the case of a company, whether the company satisfies the requirements specified in clause b of section 21 w.e.f. . 3. ins. by s. 5, ibid. w.e.f. .

section 35. of the merchant shipping act : 1 the certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship. 2 no person, whether interested in the ship or not, who has in his possession or under his control the certificate of registry of a ship, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship or to any registrar, customs collector or other person entitled by law to require such delivery. 3 any person refusing or omitting to deliver the certificate as required by subsection 2, may, by order, be summoned by 1any judicial magistrate of the first class or any metropolitan magistrate, as the case may be, to appear before him and to be examined touching such refusal, and if the person is proved to have absconded so that the order of such magistrate cannot be served on him, or if he persists in not delivering up the certificate, 2the said magistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit. 4 if the master or owner of an indian ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of an offence under this subsection and the ship shall be liable to forfeiture. 1. subs. by act 12 of , s. 17 and the schedule, for any magistrate of the first class w.e.f. . 2. subs. by s. 17 and the schedule, ibid., for the magistrate w.e.f. .

section 30. of the merchant shipping act : on the first registry of an indian ship the following evidence shall be produced in addition to the declaration of ownership: a in the case of a ship built in india, a builders certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any on whose account the ship was built, and if there has been any sale, the instrument of sale under which the ship or the share therein has become vested in the applicant for registry b in the case of a ship built outside india, the same evidence as in the case of a ship built in india unless the declarant who makes the declaration of ownership declares that the time and place of her building are not known to him, or that the builders certificate cannot be procured, in which case there shall be required only the instrument of sale under which the ship or a share therein has become vested in the applicant for registry.

section 31. of the merchant shipping act : as soon as the requirements of this act preliminary to registry have been complied with the registrar shall enter in the register book the following particulars in respect of the ship: a the name of the ship and the name of the port to which she belongs 1aa the ship identification number b the details contained in the surveyors certificate c the particulars respecting her origin stated in the declaration of ownership and d the name and description of her registered owner or owners, and, if there are more owners than one, the number of shares owned by each of them. 1. ins. by act 40 of , s. 4 w.e.f. .

section 33. of the merchant shipping act : 1 where it appears to the central government that there is any doubt as to the title of any indian ship to be registered as an indian ship, it may direct the registrar of her port of registry to require evidence to be given to his satisfaction within such time, not being less than thirty days as the central government may fix, that the ship is entitled to be registered as an indian ship. 2 if within such time as may be fixed by the central government under subsection 1 evidence to the satisfaction of the registrar that the ship is entitled to be registered as an indian ship is not given, the ship shall be liable to forfeiture.

section 36. of the merchant shipping act : show related subordinates 1 in the event of the certificate of registry of an indian ship being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her original certificate. 2 in the event of the certificate of registry of an indian ship being mislaid, lost or destroyed or of the person entitled thereto being unable to obtain it from the custody of any other person, the registrar of her port of registry shall grant a new certificate in lieu of her original certificate. 3 if the port at which the ship is at the time of the event referred to in subsection 2 or first arrives after the event is outside india, then the master of the ship or some other person having knowledge of the facts of the case shall make a declaration stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarants knowledge and belief to the nearest available indian consular officer who may thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted. 4 the provisional certificate shall, within ten days after the first subsequent arrival of the ship at her port of discharge in india, be delivered by the master to the registrar of her port of registry and the registrar shall thereupon grant a new certificate of registry. 5 if the certificate of registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the certificate of registry obtains it at any time afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be cancelled.

section 37. of the merchant shipping act : show related subordinates where the master of an indian ship is changed, each of the following persons, that is to say, a if the change is made in consequence of the removal of the master by a marine board or by a court under this act, the presiding officer of the marine board or of the court, as the case may be b if the change occurs from any other cause, i in india, the registrar or any other officer authorised by the central government in this behalf at the port where the change occurs and ii outside india, the indian consular officer at the port where the change occurs shall endorse and sign on the certificate of registry a memorandum of the change, and any customs collector at any port in india may refused to permit any person to do any act there as master of an indian ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.

section 38. of the merchant shipping act : 1 whenever a change occurs in the registered ownership of an indian ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ships port of registry or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ships port of registry. 2 the master shall, for the purposes of such endorsement by the registrar of the ships port of registry, deliver the certificate of registry to the registrar forthwith after the change if the change occurs when the ship is at her port of registry, and if it occurs during her absence from that port and the endorsement under this section is not made before her return, then, upon her first return to that port. 3 the registrar of any port, not being the ships port of registry, who is required to make an endorsement under this section may, for that purpose, require the master of the ship to deliver to him the ships certificate of registry so that the ship need not thereby be detained and the master shall deliver the same accordingly.

section 43. of the merchant shipping act : 1 every instrument for the transfer of an indian ship or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the ship or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof. 2 every such instrument shall be entered in the register book in the order of its production to the registrar.

section 39. of the merchant shipping act : show related subordinates 1 in the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an indian ship, every owner of the ship or any share in the ship shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein. 2 in any such case, except where the ships certificate of registry is mislaid, lost or destroyed, the master of the ship shall, immediately if the event occurs in any port in india, or within ten days after his arrival in port if it occurs elsewhere, deliver the certificate to the registrar of the port or any other officer specified in this behalf by the central government if the port of arrival is in india, or if the arrival is in any port outside india to the indian consular officer there, and the registrar if he is not himself the registrar of her port of registry or the officer so specified or the indian consular officer, as the case may be, shall forthwith forward the certificate delivered to him to the registrar of her port of registry.

section 44. of the merchant shipping act : 1 where the property in an indian ship or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this act, a that person shall authenticate the transmission by making and signing a declaration in the prescribed form in this act referred to as a declaration of transmission identifying the ship and also a statement of the manner in which and the person to whom the property has been transmitted b if the transmission is consequent on insolvency, the declaration of transmission shall be accompanied by proper proof of such claim c if the transmission is consequent on death, the declaration of transmission shall be accompanied by a succession certificate, probate or letters of administration under the indian succession act, 39 of , or a duly certified copy thereof. 2 the registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but those persons however numerous shall, for the purpose of the provisions of this act with respect to the number of persons claiming to be registered as owners, be considered as one person: provided that nothing in this subsection shall require the registrar to make an entry in the register book under this section, if he is of opinion that by reason of the transmission the ship has ceased to be an indian ship.

section 40. of the merchant shipping act : 1 if at any port outside india a ship becomes entitled to be registered as an indian ship, the indian consular officer there may grant to her master on his application a provisional certificate containing such particulars as may be prescribed in relation to the ship and shall forward a copy of the certificate at the first convenient opportunity to the directorgeneral. 2 such a provisional certificate shall have the effect of a certificate of registry until the expiration of six months from its date or until the arrival of the ship at a port where there is a registrar whichever first happens, and on either of those events happening shall cease to have effect.

section 41. of the merchant shipping act : show related subordinates where it appears to the central government that by reason of special circumstances it is desirable that permission should be granted to any indian ship to pass without being previously registered from one port to any other port in india, the central government may authorise the registrar of the firstmentioned port to grant a pass in such form as may be prescribed, and that pass shall for the time and within the limits therein mentioned have the same effect as a certificate of registry.

section 42. of the merchant shipping act : 1 no person shall transfer or acquire any indian ship or any share or interest therein 1at any time during which the security of india or of any part of the territory thereof is threatened by war or external aggression and during which a proclamation of emergency issued under clause 1 of article 352 of the constitution is in operation without the previous approval of the central government and any transaction effected in contravention of this provision shall be void and unenforceable. 2 the central government may, if it considers it necessary or expedient so to do for the purpose of conserving the tonnage of indian shipping, refuse to give its approval to any such transfer or acquisition. 22a no transfer or acquisition of any indian ship shall be valid unless a all wages and other amounts due to seamen in connection with their employment on that ship have been paid in accordance with the provisions of this act b the owner of the ship has given notice of such transfer or acquisition of the ship to the directorgeneral. 3 subject to the other provisions contained in this section, an indian ship or a share therein shall be transferred only by an instrument in writing. 4 the instrument shall contain such description of the ship as is contained in the surveyors certificate or some other description sufficient to identify the ship to the satisfaction of the registrar and shall be in the prescribed form or as near thereto as circumstances permit and shall be executed by the transferor in the presence of and be attested by at least two witnesses. 1. ins. by act 68 of , s. 3 w.e.f. . 2. ins. by act 68 of , s. 3 w.e.f. .

section 47. of the merchant shipping act : 1 a registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security in this act called a mortgage shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ships port of registry shall record it in the register book. 2 mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.

section 45. of the merchant shipping act : 1 where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be an indian ship, the registrar of her port of registry shall submit a report to the central government setting out the circumstances in which the ship has ceased to be an indian ship. 2 on receipt of such report, the central government may make an application to the high court for a direction for the sale to any citizen of india 1or any 2company or body or cooperative society which satisfies the requirements specified in clause b or, as the case may be, clause c of section 21 of the property so transmitted. 3 the high court may require any evidence in support of the application it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application 3in case it finds that the ship has not ceased to be an indian ship and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise. 4 every application for sale shall be made within such time as may be prescribed: provided that an application may be admitted by the high court after the time prescribed, if the central government satisfies the high court that it had sufficient cause for not making the application within such time. 1. subs. by act 43 of , s. 6, for or any company which satisfies the requirements specified in clause b of section 21 w.e.f.. 2. subs. by act 68 of , s. 4, for company or any cooperative society w.e.f. . 3. subs. by act 58 of , s. 3 and the second schedule, for in any case w.e.f..

section 52. of the merchant shipping act : a registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.

section 46. of the merchant shipping act : where any court, whether under section 45 or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner.

section 53. of the merchant shipping act : 1 a registered mortgage of a ship or share may be transferred to any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument, the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the ship or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record. 2 the person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.

section 48. of the merchant shipping act : where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom having regard to intervening acts and circumstances, if any it would have vested, if the mortgage had not been made.

section 50. of the merchant shipping act : except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.

section 51. of the merchant shipping act : 151. rights of mortgagee. 1 where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or share without approaching the high court: provided that nothing contained in this subsection shall prevent the mortgagee from recovering the amount so due in the high court as provided in subsection 2. 2 where there are two or more registered mortgagees of a ship or share they shall be entitled to recover the amount due under the mortgage in the high court, and when passing a decree or thereafter the high court may direct that the mortgaged ship or share be sold in execution of the decree. 3 every registered mortgagee of a ship or share who intends to recover the amount due under the mortgage by selling the mortgaged ship or share under subsection 1 shall give an advance notice of fifteen days relating to such sale to the registrar of the ships port of registry. 4 the notice under subsection 3 shall be accompanied with the proof of payment of the wages and other amounts referred to in clause a of subsection 2a of section 42. 1. subs. by act 68 of , s. 5, for section 51 w.e.f. .

section 49. of the merchant shipping act : if there are more mortgages than one recorded in respect of the same ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the register book and not according to the date of each mortgage itself.

section 61. of the merchant shipping act : 1 the registry of any ship may, with the previous approval of the directorgeneral, be transferred from one port of registry to another on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected. 2 on receipt of any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry with a copy of all particulars relating to the ship and the names of all persons appearing in that register to be interested therein as owners or mortgagees. 3 the ships certificate of registry shall be delivered to the registrar either of the existing or intended port of registry, and, if delivered to the former, shall be transmitted to the registrar of the intended port of registry. 4 on receipt of the documents aforesaid the registrar of the intended port of registry shall enter in his register book all the particulars and names so transmitted as aforesaid, and grant a fresh certificate of registry, and thenceforth such ship shall be considered to be registered at the new port of registry, and the name of the ships new port of registry shall be substituted for the name of her former port of registry on the ship.

section 54. of the merchant shipping act : 1 where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than by a transfer under this act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this act required in case of a corresponding transmission of the ownership of a ship or share. 2 the registrar, on receipt of the declaration and the production of the evidence aforesaid, shall enter the name of the person entitled under the transmission in the register book as mortgagee of the ship or share.

section 55. of the merchant shipping act : 1 an indian ship shall not be described by any name other than that by which she is for the time being registered. 2 the registrar may refuse the registry of any indian ship by the name by which it is proposed to register the ship if that name is already borne by another ship or if the name be so similar as is calculated or likely to deceive. 3 a change shall not be made in the name of an indian ship except in the prescribed manner. 4 if any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this 1section the ship may be detained until the provisions of this section are complied with: provided that nothing in this subsection shall apply to a foreign ship which has become, and is sought to be registered as, an indian ship. 1. subs. by act 58 of , s. 3 and the second schedule, for subsection w.e.f. .

section 56. of the merchant shipping act : when a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port haying a registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew.

section 60. of the merchant shipping act : 1 where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery to him of the existing certificate of registry and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof. 2 when a ship is registered anew, her former registry shall be considered as closed except so far as relates to any unsatisfied mortgage entered thereon, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered in the new register and the registry anew shall not in any way affect the rights of any of those persons.

section 58. of the merchant shipping act : 1 where any registrar, not being the registrar of the ships port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional certificate describing the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate. 2 every such provisional certificate, or certificate provisionally endorsed, shall, within ten days after the first subsequent arrival of the ship at her port of discharge in india, be delivered to the registrar thereof and that registrar shall cause the ship to be registered anew. 3 the registrar granting a provisional certificate, or provisionally endorsing a certificate under this section shall add to the certificate or endorsement a statement that the same is made provisionally, and shall send a report of the particulars of the case to the registrar of the ships port of registry, containing a similar statement as the certificate or endorsement.

section 63. of the merchant shipping act : 1 the central government may, by notification in the official gazette, declare what shall be the proper national colours for all ships registered under this act and for all ships which are not so registered but which are owned by the government or by any local authority or by any body corporate established by or under any law for the time being in force in india or by a citizen of india and different colours may be declared for different classes of ships. 2 any commissioned officer of the indian navy, or any customs collector, or any indian consular officer, may board any ship on which any colours are hoisted contrary to this act and seize and take away the colours which shall be forfeited to the government.

section 59. of the merchant shipping act : subject to the other provisions contained in this act, where the ownership of any indian ship is changed, the registrar of the port at which the ship is registered may, on the application of the owner of the ship, register the ship anew although registry anew is not required under this act.

section 57. of the merchant shipping act : 1 for the purpose of registry of an alteration in a ship the ships certificate of registry shall be produced to the registrar, and the registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered or endorse and sign on the existing certificate a memorandum of the alteration. 2 the particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the registrar of the ships port of registry in his register book and for that purpose the registrar to whom the application for the registry of the alteration has been made if he is not the registrar of the ships port of registry shall forthwith report to the last mentioned registrar the particulars and facts as aforesaid, accompanied, where a new certificate of registry has been granted, by the old certificate of registry.

section 62. of the merchant shipping act : where a ship has ceased to be registered as an indian ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the ship shall not be reregistered until she has at the expense of the applicant for the registry been surveyed by a surveyor and certified by him to be seaworthy.

section 64. of the merchant shipping act : no person on board a ship which is not an indian ship shall, for the purpose of making it appear to be an indian ship, use the indian national colours, unless the assumption of indian character has been made the burden of proving which shall lie on him for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.

section 65. of the merchant shipping act : no owner or master of an indian ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the indian character of the ship from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the ship, or with intent to deceive any person so entitled as aforesaid.

section 66. of the merchant shipping act : an indian ship shall hoist the proper national colours a on a signal being made to her by any vessel of the indian navy b on entering or leaving any foreign port c if of fifty tons gross tonnage or more, on entering or leaving any indian port.

section 72. of the merchant shipping act : 1 on application to the registrar and on payment of the prescribed fee, a person may, at any time during office hours, inspect any register book, and may obtain a certified copy of any entry in the register book. 2 the following documents shall be admissible in evidence in any court in manner provided by this act, namely: a any register book on its production from the custody of the registrar or other person having the lawful custody thereof b a certificate of registry under this act purporting to be signed by the registrar or any other officer authorised in this behalf by the central government c an endorsement on a certificate of registry purporting to be signed by the registrar or any other officer authorised in this behalf by the central government d every declaration made in pursuance of this part in respect of an indian ship. 3 a certified copy of an entry in a register book shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register book of which it is a copy.

section 67. of the merchant shipping act : 1 a customs collector shall not grant a clearance for any ship until the master of such ship has declared to that officer the name of the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance. 2 if a ship attempts to proceed to sea without such clearance, she may be detained by any customs collector until the declaratioin is made.

section 68. of the merchant shipping act : where it is declared by this act that an indian ship shall not be recognised as such, that ship shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian ships or to use the indian national colours for indian ships or to assume the indian national character, but so far as regards the payment of dues the liability to fine and forfeiture and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised indian ship.

section 69. of the merchant shipping act : where any ship has either wholly or as to any share therein become subject to forfeiture under this part, any commissioned officer of the indian navy, any customs collector or any indian consular officer or any other officer authorised by the central government, may seize and detain the ship, and bring her for adjudication before the high court, and the high court may thereupon adjudge the ship with her equipment to be forfeited to the government, and make such order in the case as to the high court seems just and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the high court thinks fit.

section 70. of the merchant shipping act : no notice of any trust, express, implied or constructive, shall be entered in the register book or be receivable by the registrar, and subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power to dispose of the ship or share in the manner provided in this act and to give effectual receipts for any money paid or advanced by way of consideration.

section 71. of the merchant shipping act : where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this or any other act on the owners of ships or shares therein, so nevertheless that proceedings for the enforcement of any such penalties may be taken against both or either of the said parties with or without joining the other of them.

section 73. of the merchant shipping act : the central government may, by notification in the official gazette, direct that, subject to such rules as may be made in this behalf, ships belonging to the government other than ships of the indian navy may be registered as indian ships under this act and thereupon this act, subject to any exceptions and modifications which may be made in the notification either generally or with respect to any class of ships belonging to government, shall apply to ships belonging to government registered in accordance with those rules as they apply to indian ships registered in manner provided by this act.

section 74. of the merchant shipping act : show related subordinates 1 the central government may make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement b the recognition for the purpose of ascertaining the tonnage of any ship or for any other purpose, of any tonnage certificate granted in respect of any ship in any country outside india, the tonnage regulations of which are substantially the same as the tonnage rules made by the central government, including the conditions and restrictions subject to which such recognition may be granted c the manner in which surveys of ships shall be conducted and the form of certificates of surveying officers d the manner in which ships shall be marked e the form in which any document required by this part shall be prepared and the particulars which it should contain f the persons by whom and the authorities before which any declaration required by this part shall be made and the circumstances in which any such declaration may be waived and other evidence accepted g the form of the instrument creating a mortgage on a ship or share of transferring a mortgage h the returns that shall be made by registrars to the directorgeneral or to such other authority as the central government may appoint and the form in which and the intervals within which such returns shall be made i the procedure for the registration, marking or alteration of the names of indian ships 1j the fees that may be levied for the survey or inspection of any ship for the purposes of registration and the manner in which such fees may be collected k the manner in which registrars and other authorities may exercise their powers under the part or maintain their books and other registers l the manner in which ships belonging to the government, to which the provisions of this act may be made applicable under section 73, may be registered m any other matter which may be or is to be prescribed. 1. subs. by act 12 of , s. 5, for clause j w.e.f..

section 75. of the merchant shipping act : 175. application of part.this part applies to a every seagoing indian ship fitted with mechanical means of propulsion wherever it is and b every foreign ship while it is a port or place in india. 1. subs. by s. 3, ibid., for sections 75 and 76 w.e.f. .

section 80.. of the merchant shipping act : certificates of service of naval officers. omitted by act merchant shipping amendment act, 33 of , s. 2 w.e.f. .

section 75a. of the merchant shipping act : 175a. definitions.in this part, unless the context otherwise requires, a contiguous zone means the contiguous zone of india described, or notified as such for the time being under section 5 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of b convention means the international convention on standards of training, certification and watch keeping for seafarers, , signed at london on the 7th day of july, , as amended from time to time 1. subs. by s. 3, ibid., for sections 75 and 76 w.e.f. .

section 81. of the merchant shipping act : every certificate of competency granted under this act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept and recorded in the prescribed manner.

section 78. of the merchant shipping act : show related subordinates 178. grades of certificates of competency.1 certificates of competency shall be granted in accordance with the provisions of this act for each of the following grades, namely: extra master master of a foreigngoing ship first mate of a foreigngoing ship second mate of a foreigngoing ship master of a hometrade ship mate of a hometrade ship navigational watchkeeping officer extra first class engineer marine engineer officer class i marine engineer officer class ii marine engineer officer class iii marine engineer officer class iv engine driver of a seagoing ship skipper grade i of a fishing vessel skipper grade ii of a fishing vessel mate of a fishing vessel engineer of a fishing vessel engine driver of a fishing vessel dredger master grade i dredger master grade ii dredger mate grade i dredger mate grade ii dredger engineer grade i dredger engineer grade ii dredger driver grade i dredger driver grade ii. 2 a certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate. 3 certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. 4 if it appears to the central government that certificates of competency for grades, other than those referred to in subsection 1 may be granted, it may, by notification in the official gazette, specify the other grades in respect of which certificates of competency may be granted. 5 a certificate of competency for a foreigngoing ship shall be deemed to be of a higher grade than the corresponding certificate of a hometrade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such hometrade ship but no certificate for a hometrade ship shall entitle the holder to go to sea as a master or mate of a foreigngoing ship. 6 a certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreigngoing ship or a hometrade ship or navigational watch keeping officer. 7 a certificate of competency as extra first class engineer shall be deemed to be of a higher grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a seagoing ship. 1. subs. by act 13 of , s. 4, for section 78 w.e.f. .

section 76. of the merchant shipping act : show related subordinates 1276. certificates of competency to be held by officers of ships.1 every indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this act in accordance with such manning scales as may be prescribed: provided that the central government may prescribe different manning scales for different types of ships. 2 every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches. 1. subs. by s. 3, ibid., for sections 75 and 76 w.e.f. . 2. subs. by act 63 of , s. 2, for section 76 w.e.f.. orders circulars statutory yeardescriptionfiles dgs order no. 3 of dgs order no. 5 of reduced deck manning for foreign going bulk carriers less than 30,000 grt engaged in international trading regarding extension. dgs order no. 6 of yeardescriptionfiles procedure for layingup vessels within port limits anywhere in the world ms notice 6 of

section 79. of the merchant shipping act : show related subordinates 1 the central government or a person duly authorised by it in this behalf shall appoint persons for the purpose of examining the qualifications of persons desirous of obtaining certificate of competency under section 78. 2 the central government or such authorised person shall grant to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate of competency as the case requires: provided that the central government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a reexamination of the applicant or a further inquiry into his testimonials and character. 13 every certificate granted under subsection 2, shall be valid for such period as may be prescribed. 1. ins. by act 13 of , s. 5 w.e.f..

section 82. of the merchant shipping act : a note of all orders made for cancelling, suspending, altering or otherwise affecting any certificate of competency, in pursuance of the powers contained in this act, shall be entered on the copy of the certificate kept under section 81.

section 77. of the merchant shipping act : subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this act unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade granted in accordance with this act.

section 85. of the merchant shipping act : if it appears to the central government that the holder of a certificate granted under this act has obtained it on false or erroneous information, it may cancel or suspend such certificate: provided that no order under this section shall be passed by the central government unless the person concerned has been given an opportunity of making a representation against the order proposed.

section 83. of the merchant shipping act : show related subordinates whenever a person holding a certificate granted under this act proves to the satisfaction of the central government that he has, without fault on his, part, lost or been deprived of such certificate, the central government shall on payment of the prescribed fee, cause a copy of the certificate, to which by the record kept in accordance with this act he appears to be entitled, to be granted to him, and such copy shall have all the effect of the original.

section 84. of the merchant shipping act : 1 the master of a foreigngoing ship or the master of a hometrade ship of two hundred tons gross or more a on signing the agreement with his crew, shall produce to the shipping master before whom the same is signed, the certificates of competency which the 1mates and engineers of the ship are by this act required to hold 2 b in the case of a running agreement, shall, also, before the second and every subsequent voyage, produce to the shipping master the certificate of competency of any mate or engineer then first engaged by him who is required by this act to hold a certificate. 3c who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any port to the mercantile marine department having jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, mates and engineers and shall also report to that department of any later change in the list of the crew before any subsequent voyage. 2 upon the production of the certificates of competency, the shipping master shall, if the certificates are such as the master, mates and engineers of the ship ought to hold, give to the master a certificate to the effect that the proper certificates of competency have been so produced. 3 the master shall, before proceeding to sea, produce the certificate given to him by the shipping master to the customs collector. 4 no customs collector shall clear any such ship outwards without the production of such certificate and, if any ship attempts to go to sea without a clearance, the customs collector may detain her until the certificate is produced. 1. subs. by act 13 of , s. 6, for master, mate, engineers and engine drivers w.e.f. . 2. the word and omitted by s. 6, ibid. w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 86. of the merchant shipping act : show related subordinates 86. recognition of certificate of competency 2 granted in other countries.1 if provision is made by the laws in force in any country other than india for the grant of certificates of competency 1 similar to those referred to in this act, and the central government is satisfied a that the conditions under which any such certificates are granted in that country require standards of competency 1 not lower than those required for the grant under this act of corresponding certificates and b that certificates granted under this act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country the central government may, by notification in the official gazette, declare that any certificate of competency 3 granted under the laws in force in that country and specified in that notification, shall for the purposes of this act be recognised as equivalent to the corresponding certificate of competency 3 granted under this act and specified in the notification 2 whenever the provisions of this act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency 3 granted under this act, any person employed in that capacity shall, if he is the holder of a certificate recognised under subsection 1 as equivalent to the firstmentioned certificate or to a certificate of higher grade granted under this act, and still in force, be deemed to be duly certificated under this act 1. the word and omitted by s. 6, ibid. w.e.f. . 2. the words or service omitted by act 33 of , s. 3 w.e.f. . 3. subs. by s. 8, ibid., for section 87w.e.f. .

section 86a. of the merchant shipping act : show related subordinates 186a. foreign ships not to sail without certificated officers.1 every master of a foreign ship shall, before proceeding to sea from any port or place in india, ensure that the ship has the requisite number of officers and engineers of appropriate grades as specified by the convention. 2 a surveyor or any person authorised in this behalf by the central government may, at any reasonable time, go on board a ship to which any of the provisions of this part applies for the purpose of ensuring that the officers holding certificates issued in accordance with the convention are actually appointed and are present, and satisfy himself about the adequacy of such officers for the watchkeeping duties in ports and at sea. 3 if any report made under subsection 2 by a surveyor or any person authorised in this behalf by the central government, reveals any deficiency in a foreign ship in relation to the requirements of the convention and the central government is satisfied that it will be unsafe for such ship to proceed to sea, that ship may be detained by the officer authorised for this purpose till such requirements are fulfilled. 1. ins. by act 13 of , s. 7 w.e.f. .

section 87c. of the merchant shipping act : 187c. exemption from section 87b.1 when any person referred to in section 87b has failed to secure suitable employment within a reasonable period from the date on which he applied for the same, he may make an application to the directorgeneral for exempting him from the requirements of subsections 1 and 2 of that section and if the directorgeneral is satisfied that the grounds stated in the application justify the exemption sought for, he shall, by order, exempt such person from the requirements of those subsections. 2 the directorgeneral may, either on own motion or on an application made by any person referred to in section 87b, by order in writing, exempt such person from the requirements of subsections 1 and 2 of that section, if the directorgeneral is satisfied a that it is necessary so to do for compliance with any request made by the government of any foreign country to make available the services of indian personnel for meeting shortage of qualified personnel in its ships or shore establishments, or for compliance with any request made by any agency of the united nations organisation for making available indian personnel for providing consultancy services on its behalf in technical cooperation or technical assistance programme in any country or b that such person is likely to suffer undue hardship if he is not so exempted. 3 an application for exemption under subsection 1 or subsection 2 shall set out clearly all the particulars on the basis of which such exemption is applied for. 4 every such application shall be disposed of by the directorgeneral as expeditiously as possible and where the directorgeneral refuses to grant the exemption applied for, he shall record his reasons therefore and communicate the same to the applicant. 5 where, within a period of fortyfive days of the date of receipt of any such application, the directorgeneral does not refuse to grant the exemption applied for, or does not communicate the refusal to the applicant, the directorgeneral shall be deemed to have granted the exemption applied for. 6 where the directorgeneral refuses to grant the exemption applied for, the applicant may prefer an appeal against such refusal to the central government within thirty days of the receipt of the order of the directorgeneral refusing the exemption and the central government may make such orders as it deems fit: provided that the central government may admit any appeal after the expiry of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time: provided further that no order confirming the order of the directorgeneral shall be made under this subsection without giving the appellant an opportunity to represent his case. 1. part via ins. by act 20 of , s. 2 w.e.f. .

section 87. of the merchant shipping act : show related subordinates 187. power to make rules.1 the central government may make rules to carry out the provisions of this part. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class ii b the number of persons and the qualifications they may possess for maintaining watches 2by different types of ships at sea or in any port or place c the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78 d the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78 e the fees to be paid by applicants for examination f the period for which certificate granted under subsection 2 of section 79 shall be valid g the form of such certificates and the manner in which copies of certificates are to be kept and recorded h the circumstances or cases in which certificates of competency may be cancelled or suspended. 1. subs. by s. 8, ibid., for section 87w.e.f. . 2. subs. by act 63 of , s. 3, for by a shipw.e.f. .

section 88a. of the merchant shipping act : 188a. definitions.in this part, unless the context otherwise requires, a declaration of maritime labour compliance means a declaration issued by the directorgeneral of shipping or by any officer, authority or organization authorized by him in this behalf, in respect of a ship that it meets with the requirements and standards set out in the provisions of the maritime labour convention b maritime labour certificate means the certificate issued by the directorgeneral of shipping or by any officer, authority or organisation authorised by him in this behalf, in accordance with the provisions of the maritime labour convention c maritime labour convention means the international convention of maritime labour organisation on maritime labour standards signed in geneva on the 23rd february, d seafarer means any person who is employed or engaged or works in any capacity on board a sea going ship, but does not include i the employment or engagement or work on board in any capacity of any person in a ship of war or ii any government ship used for military or noncommercial purposes. 1. ins. by s. 3, ibid. w.e.f. .

section 87a. of the merchant shipping act : 187a. definitions.in this part, unless the context other requires, a appointed day means the date on which the merchant shipping amendment act, 20 of , comes into force b certificate means i a certificate of competency referred to in section 78 or 2 iii a certificate of competency 3 referred to in section 86, which has been obtained by any person by availing of training facilities in any of the merchant navy training establishments in india or experience of sea service on board any indian ship 4 c government includes i a board of trustees constituted under the major port trusts act, 38 of for any port, ii a corporation established by or under a central, provincial or state act, iii a government company within the meaning of section 617 of the companies act, 1 of , and iv a merchant navy training institution financed wholly or mainly by government d suitable employment, in relation to the holder of any certificate, means employment in a capacity for which the holding of such certificate is an essential qualification. 1. part via ins. by act 20 of , s. 2 w.e.f. . 2. subclause ii omitted by act 33 of , s. 4 w.e.f. . 3. the words or service omitted by s. 4, ibid. w.e.f. . 4. the words or indian naval ship omitted by s. 4, ibid. w.e.f. .

section 87b. of the merchant shipping act : 187b. holders of certificates to serve the government or in indian ships for certain period.1 every citizen of india who obtains, on or after the appointed day, a certificate shall be liable to serve the government or in any indian ship, for such period not extending beyond four years from the date on which he obtains such certificate or for such shorter period as the central government may, by a general or special order published in the official gazette, specify. 2 no citizen of india who has obtained on or, after the appointed day a certificate shall accept any employment other than an employment under the government or in any indian ship, before the expiry of the period during which he is liable to serve the government or in any indian ship in accordance with the provisions of subsection 1 and the orders made thereunder. 3 notwithstanding anything contained in subsection 1 or subsection 2, a citizen of india who has obtained, on or after the appointed day, two or more certificates shall not be liable to serve under the government or in any indian ship for any period or periods exceeding, or, as the case may be, exceeding in the aggregate, seven years or such shorter period as the central government may, by a general or special order, published in the official gazette, specify. 1. part via ins. by act 20 of , s. 2 w.e.f. .

section 88b. of the merchant shipping act : 188b. application of maritime labour standards to seafarers and ships.1 the provisions relating to maritime labour standards as contained in the maritime labour convention, shall apply to all seafarers and ships engaged in commercial activities, but does not include a ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports apply b ships engaged in fishing activities c traditionally built ships such as dhows and junks d ships of war or naval auxiliaries. 2 subject to the provisions of subsection 1, the central government may, on the recommendation of the directorgeneral of shipping, by order, extend the provisions of the said subsection to ships not engaged in commercial activities with such exceptions and modifications as it may consider necessary. 1. ins. by s. 3, ibid. w.e.f. .

section 87d. to be furnished. of the merchant shipping act : 187d. particulars of certificate, etc., to be furnished.every citizen of india who obtains, on or after the appointed day, a certificate, shall furnish, in such form and at such intervals as may be described, particulars of the certificate or certificates obtained by him and of his employment. 1. part via ins. by act 20 of , s. 2 w.e.f. .

section 89. of the merchant shipping act : it shall be the duty of shipping masters a to superintend and facilitate the engagement and discharge of seamen in the manner provided in this act b to provide means for securing the presence on board at the proper times of the seamen who are so engaged c to facilitate the making of apprenticeship to the sea service d to hear and decide disputes under section 132 between a master, owner or agent of a ship and any of the crew of the ship: 1dd to transmit the complaint of any dispute of a foreign seaman of a vessel, registered in a country other than india, in indian territorial waters, with the master, owner or agent, to the competent authority of the country of registration and a copy of such complaint shall be forwarded to the directorgeneral, international labour organisation office e to perform such other duties relating to seamen, apprentices and merchant ships as are for the time being committed to them by or under this act. 1. ins. by act 9 of , s. 2 w.e.f. .

section 88. of the merchant shipping act : show related subordinates the central government may make rules for the classification of seamen other than ships officers into different categories and for the prescription of the minimum manning scale of seamen of such categories for ships and different scales may be prescribed for different classes of ships. rules orders circulars statutory yeardescriptionfiles merchant shipping standards of training, certification and watchkeeping for seafarers rules, yeardescriptionfiles d.g. shipping order no 1 of introduction of a common entrance test cet for an admission for the general purpose gp rating pre sea training course 50 reservation therein for iti candidates, dgs order no. 08 of faculty approvals, qualifications, age limits, teaching hours and other related matters, dgs order no. 5 of dgs order no. 25 of comprehensive inspection programme cip for maritime training institutes competency courses, dgs order no. 23 of comprehensive inspection programme cip for maritime training institutes for presea training, dgs order no. 04 of corrigendum to the dgs order 05 0f comprehensive inspection programme to be carried out through respective mercantile martine departments by the maritime education and training institutes association metia and maritime institutes association, chennai, dgs order no.03 of comprehensive inspection program to be carried out by all the maritime training institutes, dgs order no. 04 of basic modular courses and passenger ship familiarization courses at lakshadweep islands, dgs order no.o5 of yeardescriptionfiles dgs eng circular 69 of dgs eng circular 81 of clarification regarding implementation of m.s.notice number 14 of ms notice 14 of

section 90. of the merchant shipping act : 1 the central government may, by notification in the official gazette, fix the fees which shall be payable upon all engagements and discharges effected before a shipping master. 2 scales of the fees payable for the time being shall be conspicuously placed in the shipping office, and a shipping master may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid. 3 every owner or master of a ship engaging or discharging any seamen in a shipping office or before a shipping masters shall pay to the shipping master the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of reimbursing himself in part, deduct in respect of each such engagement or discharge from the wages of all persons except apprentices so engaged or discharged, and retain any sums not exceeding such sums as the central government may, by notification in the official gazette, fix in this behalf: provided that, if in any case the sums which may be so deducted exceed the amount of the fee payable by him, such excess shall be paid by him to the shipping master in addition to such fee. 4 for the purpose of determining the fees to be paid upon the engagement and discharge of seamen belonging to foreigngoing ships which have running agreements as hereinafter provided, the crew shall be considered to be engaged when the agreement is first signed, and to be discharged when the agreement finally terminates and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen.

section 95. of the merchant shipping act : show related subordinates 1 it shall be the business of the seamens employment offices 1a to issue licence, to regulate and control the recruitment and placement service, and to i ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers ii ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services and iii to maintain registers of seamen in respect of the categories of seamen. c to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this act. 2 3 the central government may make rules for the purpose of enabling seamens employment offices effectively to exercise their powers under this act and in particular and, without prejudice to the generality of such power, such rules may, provide for a consultation with respect to any specified matter by seamens employment offices with such advisory boards or other authorities as the central government may think fit to constitute or specify in this behalf 3b the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamens employment office c the issue of directions by the central government to any seamens employment office or any recruitment and placement service with reference to the exercise of any of its powers ca the conditions under which the recruitment and placement service to recruit and place seafarers abroad cb the circumstances and conditions under which licence to be suspended or withdrawn cc the conditions under which seafarers personal data to be processed by the recruitment and placement services including the collection, storage, combination and communication of such data to third parties d the supersession of any seamens employment office which fails to comply with any such direction. 4explanation.for the purposes of this section, a recruitment and placement service means any person, company, institution, agency or other organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers. 5 1. subs. by act 63 of , s. 4, for clauses a and b w.e.f. . 2. omitted by s. 4, ibid. w.e.f. . 3. subs. by s. 4, ibid., for clauses b and c w.e.f. . 4. the explanation ins. by act 63 of , s. 4 w.e.f. . 5. explanation omitted by act 32 of , s. 6 w.e.f. .

section 91. of the merchant shipping act : all shipping masters shall give to persons desirous of apprenticing 1young persons not under the age of sixteen years to sea service or requiring apprentices not under that age for the sea service such assistance as may be in their power, and may receive from those persons such fees as the central government may fix. 1. subs. by act 32 of , s. 4, for boys not under fifteen years of age w.e.f. .

section 97a. of the merchant shipping act : 197a. prohibition against discrimination.there shall be no discrimination between seamen, a on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seamen and membership in such union shall not be prerequisite condition b on the basis of training institute from where they obtained training or place of issue of their continuous discharge certificates, for their recruitment and engagement on board any ship. 1. ins. by s. 6, ibid. w.e.f. .

section 92. of the merchant shipping act : show related subordinates 11 the apprenticeship of any person to the sea service shall be by contract in writing between the apprentice or if he is a young person, then, on his behalf by his guardian, and the master or owner of the ship requiring the apprentice. 2 every such contract shall be executed in duplicate in the prescribed form and in accordance with the rules made by the central government in this behalf. 3 every such contract shall be executed in the presence of, and shall be attested by, the shipping master of the port, who shall, before the execution of the contract, satisfy himself a that the intended apprentice i understands the contents and provisions of the contract ii freely consents to be bound iii has attained the age of 2sixteen years and iv is in possession of a certificate to the effect that he is physically fit for sea service b if the intended apprentice is 3an young person, that his guardians consent has been obtained to his being bound as an apprentice. 4 every such contract made in india and every assignment, alteration or cancellation thereof, and where the apprentice bound dies or deserts, the fact of the death or desertion shall be recorded in the manner specified in section 93. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. . 2. subs. by s. 5, ibid., for fifteen years w.e.f. . 3. subs. by s. 5, ibid., for a minor w.e.f. .

section 93. of the merchant shipping act : for the purpose of the record a the master or owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner b the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within india, or, as soon as circumstances permit, if it occurs elsewhere.

section 94. of the merchant shipping act : 1 the master of a ship shall, before carrying an apprentice to sea from a port in india, cause the apprentice to appear before the shipping master before whom the crew are engaged, and shall produce to him the contract by which the apprentice is bound, and every assignment thereof. 2 the name of the apprentice, with the date of the contract and of the assignments thereof, if any, and the names of the ports at which the same have been registered, shall be entered on the agreement with the crew.

section 96. of the merchant shipping act : 1 a person shall not engage or supply a seaman to be entered on board any ship in india unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director of a seamans employment office, or a shipping master. 2 a person shall not employ for the purpose of engaging or supplying a seaman to be entered on board any ship in india, any persons unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director of a seamens employment office, or a shipping master. 3 a person shall not receive or accept to be entered on board any ship any seaman, if that person knows that the seaman has been engaged or supplied in contravention of this section or section 95.

section 97., from seamen for shipping them prohibited. of the merchant shipping act : 197. receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited.1 a person or company or organisation including a union purporting to represent the interests of seamen shall not demand or receive, either directly or indirectly, from any seaman or person seeking employment as seaman or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seaman or persons employment as seaman, other than the fees authorised by this act. 2 it shall be the duty of the company employing or proposing to employ person as seaman to ensure that no money has been demanded or received by any person or company or organisation including the union purporting to represent the interests of seamen by way of any remuneration or donation or fees or compulsory subscription of any kind attributable to employment of such person as seaman. 1. subs. by act 63 of , s. 5, for section 97 w.e.f. .

section 104. of the merchant shipping act : 1 when a running agreement has been made with a crew of a foreigngoing indian ship and the ship arrives after the expiration of a period of six months from the date on which it was executed at a port of destination in india which is not the port at which the crew have agreed to be discharged, the master may, with the previous sanction of the shipping master renew the agreement with the crew, or may be required by the shipping master so to renew the agreement for the voyage from such port of destination to the port in india at which the crew have agreed to be discharged. 2 if the master of the ship is required by the shipping master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the government for the subsistence of the crew and their conveyance to the port at which they have agreed to be discharged shall be a charge upon the ship, and shall be recoverable as if they were expenses incurred in respect of distressed seamen under the provisions of this act.

section 98. of the merchant shipping act : show related subordinates 1 the central government may, by notification in the official gazette, direct that, with effect from such date as may be specified in the notification, seamen generally or any category of seamen in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses the prescribed qualifications. 2 except as otherwise provided under the rules made under subsection 3, no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the central government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. 3 the central government may make rules for the purpose of giving effect to the provisions of this section and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for a the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular b the standard of physical fitness required of seaman, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them c the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefore d the form and contents of medical certificates and the period of their validity e the reexamination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such reexamination f the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of subsection 2.

section 99a. of the merchant shipping act : show related subordinates 199a. prohibition of engagement of seafarer without seafarers identity document.1 no person shall engage or carry to sea any seafarer in any ship, unless the seafarer is in possession of seafarers identity document. 2 the seafarers identity document under subsection 1 shall be issued in such form and manner and on payment of such fees as may be prescribed. 2 1. ins. by act 40 of , s. 5 w.e.f. . 2. explanation omitted by act 32 of , s. 7 w.e.f. .

section 100. of the merchant shipping act : show related subordinates the master of every indian ship, except a hometrade ship of less than two hundred tons gross, shall enter into an agreement in this act called the agreement with the crew in accordance with this act with every seaman whom he engages in, and carries to sea as one of his crew from any port in india.

section 99. of the merchant shipping act : show related subordinates no person shall engage or carry to sea any seaman under this act in any ship, except a hometrade ship of less than two hundred tons gross, from any port in india unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under this part.

section 101. of the merchant shipping act : show related subordinates 1 an agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be 1signed by the owner or agent and the master before any seaman signs the same. 2 the agreement with the crew shall contain as terms thereof the following particulars, namely: a the name of the ship or ships on board which the seaman undertakes to serve b either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend c the number and description of the crew of different categories in each department 2cc hours of work and rest in a week, as may be prescribed d the time at which each seaman is to be on board or to begin work e the capacity in which each seaman is to serve f the amount of wages which each seaman is to receive 2ff the entitlement for leave, as may be prescribed and g a scale of the provisions which are to be furnished to each seaman, such scale being not less than the scale fixed by the central government and published in the official gazette h a scale of warm clothing and a scale of additional provisions to be issued to each seaman during periods of employment in specified cold regions i any regulations as to conduct on board and as to fines or other lawful punishment for misconduct, which have been sanctioned by the central government as regulations proper to be adopted, and which the parties agree to adopt j payment of compensation for personal injury or death caused by accident 3arising out of employment or in the course of employment k where it is agreed that the services of any seaman shall end at any port not in india, a stipulation to provide him either fit employment on board some other ship bound to the port at which he was shipped or to such other port in india as may be agreed upon, or a passage to some port in india free of charge or on such other terms as may be agreed upon 2kk the terms of agreement with the crew shall be determined after consultation with such organisations in india as the central government may, by order, notify to be the most representative of the employers of seamen and of seamen. l stipulations relating to such other matters as may be prescribed. 3 the agreement shall provide that in the event of a dispute arising outside india between the master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such dispute shall be referred to the indian consular officer whose decision thereon shall be binding on the parties until the return of the ship to the port in india at which the seaman is to be discharged: provided that in the case of a ship other than an indian ship, no such dispute shall be referred to the indian consular officer if such reference is contrary to the rules of international law. 4 the agreement with the crew shall be so framed as to admit of stipulations, to be adopted at the will of the master and seaman in each case not being inconsistent with the provisions of this act respecting the advance and allotment of wages and may contain any other stipulations which are not contrary to law. 1. subs. by act 41 of , s. 4, for signed by the master w.e.f.. 2. ins. by act 32 of , s. 8 w.e.f. . 3. subs. by s. 8, ibid., for arising out of and w.e.f. .

section 103. of the merchant shipping act : show related subordinates 1 the following provisions shall have effect with respect to every agreement made in india with the crew of an indian ship, namely: a the agreement shall, subject to the provision of this act as to substitute, be signed by each seaman in the presence of a shipping master b the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature c when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship d when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are within twentyfour hours of the ships putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, be made before a shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature. 2 in the case of an agreement made in india with the crew of a foreigngoing indian ship the following provisions shall have effect in addition to the provisions specified in subsection 1, namely: a the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this act referred to as running agreements b a running agreement may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in india after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: provided that no such running agreement shall continue in force, if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside india to any other such port which is not on the direct route or a customary route to her port of destination in india c on every return to a port in india before the final termination of a running agreement, the master shall discharge or engage before the shipping master at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement as the case may be either that no such discharges or engagements have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law d the master shall deliver the running agreement so endorsed to the shipping master, and the shipping master shall, if the provisions of this act relating to agreements have been complied with, sign the endorsement and return the agreement to the master. 3 in the case of an agreement made in india with the crew of a hometrade indian ship of two hundred tons gross or more, the following provisions shall have effect in addition to the provisions specified in subsection 1, namely: a the agreement shall not be for a period longer than six months, but if the period for which the agreement was entered into expires while the ship is not in an indian port, the agreement shall continue in force until the ship is again in an indian port: provided that, except with the consent in writing of the seaman concerned, the agreement shall not continue in force for more than three months after the expiration of the period for which it was entered into b an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master, and the provisions of this act with respect to the making of the agreement shall apply accordingly.

section 105. of the merchant shipping act : 11 the master of every foreigngoing indian ship and of every hometrade indian ship of two hundred tons gross or more, the crew of which has been engaged before a shipping master, shall, before finally leaving the port where the engagement took place, sign and send to the nearest shipping master a full and accurate statement in the prescribed form, of every change which has taken place in his crew, and that statement shall be admissible in evidence. 22 a copy of the statement referred to in subsection 1 shall also be sent to the seamans employment office concerned. 1. section 105 renumbered as subsection 1 thereof by act 41 of , s. 6 w.e.f. . 2. ins. act 41 of , by s. 6 w.e.f. .

section 102. of the merchant shipping act : 1102. engagement of seaman where agreement is made out of india.notwithstanding anything contained in any other provision of this act, the master of a ship registered at a port outside india who has an agreement with the crew made in due form according to the law of that port or of the port in which her crew were engaged may engage in any port in india a a seaman who is not a citizen of india and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made or b a seaman who is a citizen of india and who holds a certificate of discharge or a continuous certificate of discharge issued under this act, and any seaman so engaged under clause a or clause b may sign the agreement aforesaid and it shall not be necessary for him to sign an agreement under this act. 1. subs. by act 41 of , s. 5, for section 102 w.e.f. .

section 107. of the merchant shipping act : the master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement and, if necessary, a certified translation thereof in a language understood by the majority of the crew omitting the signatures, to be placed or posted up in such part of the ship as to be accessible to the crew.

section 110.. of the merchant shipping act : engagement of young persons as trimmers or stokers. omitted by the merchant shipping second amendment act, 32 of , s. 10 w.e.f. .

section 113. of the merchant shipping act : 1113. power to make rules respecting employment of young persons.the central government may make rules for the purposes of employment of young persons, prescribing a the authorities, whose certificates of physical fitness shall be accepted for the purposes of section 111 b the form of register of young persons to be maintained in ships where there is no agreement with the crew. 1. subs. by act 32 of , s. 11, for section 113 w.e.f. .

section 106. of the merchant shipping act : 1 in the case of a foreigngoing indian ship or a hometrade indian ship of two hundred tons gross or more, on the due execution of an agreement with the crew in accordance with this act, and also when, in the case of a foreigngoing indian ship, the agreement is a running agreement, on compliance by the master before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this act respecting that agreement, the shipping master shall grant the master of the ship a certificate to that effect. 2 the master of every such ship shall, before proceeding to sea, produce that certificate to the customs collector whose duty it is to grant a port clearance. 3 no customs collector shall clear any such ship outwards without the production of such certificate, and, if any such ship attempts to go to sea without a clearance, the customs collector may detain her until such certificate as aforesaid is produced. 4 the master of every such ship shall, within fortyeight hours after the ships arrival at the port in india at which the crew is to be discharged, deliver such agreement to a shipping master at the port and such shipping master shall thereupon give to the master a certificate of such delivery and no customs collector shall clear any such inwards without the production of such certificate.

section 115. of the merchant shipping act : the central government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interests of seamen generally it is necessary so to do, may, by order in writing, prohibit the owner, master or agent of any ship other than an indian ship specified in the order from engaging in india or in any specified part of india, any person to serve as a seaman on such ship.

section 108. of the merchant shipping act : every erasure, interlineation or alteration in any agreement with the crew except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship shall be wholly inoperative, 1unless proved to have been made with the consent of all the persons, interested in the erasure, interlineation or alteration by the written attestation, a if in india, of some shipping master or customs collector or b if outside india, by an indian consular officer or at any port outside india at which no indian consular officer is available any such person as is authorised in this behalf by the central government by notification in the official gazette. 1. subs. by s. 7, ibid., for certain words w.e.f. .

section 116. of the merchant shipping act : with respect to the engagement of seamen outside india, the following provisions shall have effect: when the master of an indian ship engages a seaman at any port outside india, the provisions of this act respecting agreements with the crew made in india shall apply subject to the following modifications: a at any such port having an indian consular officer, the master shall, before carrying the seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to any law in force in that port, engage the seaman before that officer b the master shall request the indian consular officer to endorse upon the agreement an attestation to the effect that it has been signed in his presence and otherwise, made as required by this act, and that it has his sanction, and if the attestation is not made, the burden of proving that the engagement was made as required by this act shall lie up on the master.

section 111. of the merchant shipping act : show related subordinates 1 save as otherwise provided in subsection 2, no young person shall be engaged or carried to sea to work in any capacity in any ship, unless there has been delivered to the master a certificate granted by a prescribed authority that the young person is physically fit to be employed in that capacity. 2 subsection 1 shall not apply, a to the employment of a young person in a ship in which all persons employed are members of one family or b where the shipping master, on the ground of urgency, has authorised a young person to be engaged and carried to sea, without the certificate required by subsection 1 being delivered to the master, and the young person is not employed beyond the first port at which the ship in which he is so engaged calls except in accordance with the provisions of subsection 1. 3 a certificate of physical fitness required under this section shall remain in force for one year only from the date on which it is granted.

section 109. of the merchant shipping act : 1109. prohibition of engagement of underage persons in certain cases.1 no person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship. 2 a no young person shall be engaged in night work. b the period of night work shall be such, as may be prescribed: provided that the directorgeneral of shipping, i for giving effective training or ii for performing a specific nature of duty, at night, may, by order permit engagement of any young person in night work which shall not be detrimental to the health or well being of such young person. 1. subs. by act 32 of , s. 9, for section 109 w.e.f. .

section 119. of the merchant shipping act : 1 the master shall sign and give to a sea man discharged from his ship in india, either on his discharge or on payment of his wages, a certificate of his discharge in the prescribed form specifying the period of his service and the time and place of his discharge. 2 the master shall also, upon the discharge of every certificated officer whose certificate of competency has been delivered to and retained by him, return the certificate to the officer.

section 117. of the merchant shipping act : for the purpose of preventing seamen from being taken on board any ship at any port in india contrary to the provisions of this act, any shipping master or deputy or assistant shipping master or any director, deputy director or assistant director of the seamens employment office, may enter at any time on hoard any such ship upon which he has reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein.

section 112. of the merchant shipping act : there shall be included in every agreement with the crew of every indian ship and every other ship which engages young persons in india, a list of young persons who are members of the crew, together with particulars of the dates of their birth, and, in the case of any such ship where there is no agreement, the master shall keep a register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew.

section 114. of the merchant shipping act : show related subordinates 1 when the master of a ship other than an indian ship engages a seaman at any port in india to proceed to any port outside india, he shall enter into an agreement with such seaman, and the agreement shall be made before a shipping master in the manner provided by this act for the making of agreements in the case of foreign going indian ships. 2 all the provisions, of this act respecting the form of such agreements and the stipulations to be contained in them and the making and signing of the same shall be applicable to the engagement of such seaman. 3 the master of a ship other than an indian ship shall give to the shipping master a bond with the security of some approved person resident in india for such amount as may be fixed by the central government in respect of each seaman engaged by him at any port in india and conditioned for the due performance of such agreement and stipulations, and for the repayment to the central government of all expenses which may be incurred by it in respect of any such seaman who is discharged or left behind at any port out of india and becomes distressed and is relieved under the provisions of this act: provided that the shipping master may waive the execution of a bond under this section where the owner of the ship has an agent at any port in india and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute a bond under this section or may accept from the agent such security as may be approved by the central government. 4 the fees fixed under section 90 shall be payable in respect of every such engagement, and deductions from the wages of seamen so engaged may be made to the extent and in the manner allowed under the said section 90.

section 121. of the merchant shipping act : 1 the master of an indian ship shall not a discharge a seaman before the expiration of the period for which he was engaged, unless the seaman consents to his discharge or b except in circumstances beyond his control, leave a seaman or apprentice behind without the authority of the officer specified in this behalf by the central government and the officer aforesaid shall certify on the agreement with the crew that he has granted such authority, and also the reason, for the seaman being discharged or the seaman or apprentice being left behind. 2 the officer aforesaid to whom application is made for authority in terms of subsection 1 shall investigate the grounds on which the seaman is to be discharged or the seaman or apprentice left behind and may in his discretion grant or refuse to grant such authority: provided that he shall not refuse to grant his authority if he is satisfied that the seaman has without reasonable cause a failed or refused to join his ship or to proceed to sea therein or b been absent from his ship without leave, either at the commencement or during the progress of a voyage for a period of more than fortyeight hours. 3 the officer aforesaid shall keep a record of all seamen or apprentices discharged or left behind with his authority and whenever any charge is made against a seaman or apprentice under section 191, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted.

section 118. of the merchant shipping act : 1 when a seaman serving in a foreigngoing ship is, on the termination of his engagement, discharged in india, he shall, whether, the agreement with the crew be an agreement for the voyage or running agreement, be discharged in the manner provided by this act in the presence of a shipping master. 2 the provisions of subsection 1 shall apply inflation to the discharge, of seamen serving in a hometrade indian ship of two hundred tons gross or more as they apply in relation to the discharge of seamen serving in a foreigngoing ship: provided that this subsection shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 103 for service in two or more ships, for the purpose of being engaged in another ship to which the agreement relates. 3 if the master, owner or agent of a hometrade ship, other than a ship to which the last preceding subsection applies, so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreigngoing ship.

section 126. of the merchant shipping act : 1 where the master of a ship disrates a seaman, he shall forthwith enter of cause to be entered in the official log book, a statement of the disrating, and furnish the seaman with a copy of the entry and any reduction of wages consequent on the disrating shall not take effect until the entry has been so made and the copy so furnished. 2 any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 125 and 127.

section 120. of the merchant shipping act : 1 when a seaman is discharged from a ship in india, the master shall furnish to the shipping master before whom the discharge is made a report in the prescribed form stating a the quality of the work of the seaman or b whether the seaman has fulfilled his obligations under the agreement with the crew or c that he declines to express an opinion on those particulars and the shipping master shall, if the seaman so desires, give to him or endorse on his certificate of discharge a copy of such report. 2 a seaman who is entitled to a certificate of discharge under section 119 may, if he so desires, be granted by the master, in lieu of the certificate referred to in subsection 1 of the said section or the report referred to in subsection 1 of this section, a continuous discharge certificate specifying the period of his service together with an endorsement stating a the quality of the work of the seaman or b whether the seaman has fulfilled his obligations under the agreement with the crew or c that he declines to express an opinion on those particulars and the shipping master shall thereupon sign and give such continuous discharge certificate notwithstanding anything to the contrary contained in subsection 1. 3 if the master states that he declines to express an opinion on the particulars mentioned in clauses a and b of subsection 1 or subsection 2, he shall enter in the official log book his reasons for so declining.

section 128. of the merchant shipping act : 1 where a seaman is discharged in india before a shipping master, the shall receive his wages through, or in the presence of, the shipping master unless a competent court otherwise directs. 2 if the master or owner of a hometrade ship of less than two hundred tons gross so desires the seamen of that ship may receive their wages in the same manner as seamen discharged from a foreigngoing ship, or from a hometrade ship of two hundred tons gross or more.

section 122. of the merchant shipping act : 1 if a seaman or apprentice is left behind, the master shall enter in the official logbook a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge. 2 within fortyeight hours after the arrival of the ship at the port in india at which the voyage terminates, the master shall deliver to the shipping master a a statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him and b a statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seaman or apprentice, where the absence is due to a contravention by the seaman or apprentice of section 191 and, if required by the shipping master to do so shall furnish such vouchers as are reasonably required to verify the statements. 3 the master shall at the time when he delivers the statements referred to in subsection 2 to the shipping master also deliver to him the amount due to the seaman or apprentice in respect of wages and the property that was left on board by him, and the shipping master shall give to the master a receipt therefor in the prescribed form. 4 the master shall be entitled to be reimbursed out of the wages or property referred to in clause a of subsection 2 such expenses shown in the statement referred to in clause b of that subsection as appear to the shipping master to be properly chargeable.

section 129. of the merchant shipping act : 1 the master, owner or agent of every ship shall pay to every seaman his wages within four days after the seamans discharge, and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to onefourth part of the balance due to him. 2 if a master, owner or agent fails without reasonable cause to make payment at that time, he shall pay to the seaman such sum not exceeding the amount of two days pay for each of the days commencing from the day of discharge, during which payment is delayed as the shipping master may in each case decide, but the sum so payable shall not exceed ten days double pay. 3 any sum payable under this section may be recovered as wages.

section 123. of the merchant shipping act : 1 when the service of a seaman or apprentice terminates without the consent of the said seaman or apprentice at a port outside india, and before the expiration of the period for which the seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in addition to any other relative obligation imposed on either of them by this act, make adequate provision for the maintenance of the seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper return port. 2 if the master or owner fails without reasonable cause to comply with subsection i1/i, the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman or apprentice, be recoverable as wages due to him, and if defrayed by an indian consular officer, be regarded as expenses falling within the provisions of subsections i3/i and i4/i of section 161./hr1 iexplanation/i.inability to provide the said expenses shall not, for the purposes of this subsection, be regarded as reasonable cause.

section 124. of the merchant shipping act : 1 if an indian ship is transferred or disposed of while she is at or on a voyage to any port outside india, every seaman or apprentice belonging to that ship shall be discharged at that port, unless he consents in writing in the presence of the indian consular officer to complete the voyage in the ship if continued. 2 if a seaman or apprentice is discharged from an indian ship in terms of subsection 1, the provisions of section 123 shall apply as if the service of the seaman or apprentice had terminated without his consent and before the expiration of the period for which the seaman was engaged or the apprentice was bound. 3 every seaman or apprentice discharged in terms of subsection 1 shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his service has been wrongfully terminated by the owner before the expiration of the period for which the seaman was engaged or the apprentice was bound.

section 125. of the merchant shipping act : 1 the master of every ship shall, before paying off or discharging a seaman under this act deliver at the time and in the manner provided by this act a full and true account in the form prescribed of the seamans wages and of nil deductions to be made therefrom on any account whatever. 2 the said account shall be delivered, either to the seaman himself, at or before the time of his leaving the ship, or to the shipping master not less than twentyfour hours before the discharge or payment off.

section 127. of the merchant shipping act : 1 a deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this act except in respect of a matter happening after such delivery. 2 the master shall during the voyage enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment.

section 135. of the merchant shipping act : 1 any agreement with the crew may contain a stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement of a sum not exceeding the amount of one months wages payable to the seaman under the agreement. 2 save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in india shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seamans wages, and no person shall have any right of action, suit or setoff against the seaman or his assignee in respect of any money so paid or purporting to have been so paid. 3 no seaman, who has been lawfully engaged and has received under his agreement an advance payment, wilfully or through misconduct shall fail to attend his ship or desert there from before the payment becomes really due to him. 4 where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has willfully or through misconduct failed to attend his ship, the shipping master shall report the matter to the directorgeneral who may direct that any of the seamans certificates of discharge referred to in sections 119 and 120 shall be withheld for such period as he may think fit and while a seamans certificate of discharge is so withheld, the directorgeneral or any other person having the custody of the necessary documents may, notwithstanding anything in this act, refuse to furnish copies of any such certificate or certified extracts therefrom.

section 130. of the merchant shipping act : 1 where a seaman is discharged and the settlement of his wages completed before a shipping master, the seaman, shall sign in the presence of the shipping master a release in the form, prescribed of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master, owner or agent of the ship and attested by the shipping master. 2 the release so signed and attested shall be retained by the shipping master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement but shall not debar a claim, to compensation for personal injury caused by accident arising out of and in the course of employment. 3 a copy of the release, certified under the hand of the shipping master to be a true copy, shall be given by him to any party thereto requiring the same and such copy shall be receivable in evidence upon any question touching such claims, and shall have all the effect of the original of which it purports to be a copy. 4 no payment, receipt or settlement of the wages of a seaman made otherwise than in accordance with this act shall operate or be admitted as evidence of the release or satisfaction of any claim in respect of such wages. 5 upon any payment being made by a master before a shipping master, the shipping master shall, if required, sign and give to the master a statement of the whole amount so paid, and the statement shall as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned. 6 notwithstanding anything contained in the preceding subsections a seaman may except from the release signed by him any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release and the release shall not operate as a discharge and settlement of any claim or demand so noted, nor shall subsection 4 apply to any payment, receipt or settlement made with respect to any such claim or demand.

section 136. of the merchant shipping act : 1 a seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment note, of any part not exceeding threefourths of the amount of the monthly wages payable to him in favour of any such member of his family or any such relative or for any such purpose approved in this behalf by the central government by general or special order, as may be specified in the note. 2 every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note. 3 whenever a seaman requires such a stipulation, the stipulation shall be inserted in the agreement of the crew, and such stipulation shall be deemed to have been agreed to by the master. 4 an allotment note shall be in the prescribed form and shall be signed by the owner, master or agent of the ship and by the seaman.

section 131. of the merchant shipping act : where a seaman expresses to the master of the ship his desire to have facilities afforded to him for remitting any part of the balance of the wages due to him to a savings bank or to a near relative, the master shall give to the seaman all reasonable facilities for so doing so far as regards so much of the balance as is within the limits, if any, specified in this behalf by the central government, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port or otherwise than conditionally on the seaman going to sea in the ship.

section 130a. of the merchant shipping act : 1130a. certain undisbursed amounts to be utilised for welfare of seamen.subject to the provisions of section 160 and to such restriction and conditions as may be prescribed any amount deposited with or recovered by the shipping master for making payment in accordance with the allotment note made by a seaman or for being paid to a seaman or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years be utilised for the welfare of seamen in such manner as the central government may direct. 1. ins. by act 41 of , s. 8 w.e.f..

section 132. of the merchant shipping act : show related subordinates 1 where under the agreement with the crew any dispute arises at any port in india between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the shipping master, 1a where the amount in dispute is up to five lakh rupees or such higher amount not exceeding ten lakh rupees, as the central government may, by notification, specify, at the instance of either party to the dispute b in any other case, if both parties to the dispute agree in writing to submit the dispute to the shipping master. 21a any complaint of dispute received by the shipping master from an indian seaman, on a vessel registered in a country other than india, in indian territorial waters, with the master, owner or agent. 2 the shipping master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be such submission or award shall be prima facie evidence thereof. 3 an award made by a shipping master under this section may be enforced by 3a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, in the same manner as an order for the payment of wages made by such magistrate under this act. 4 nothing in the arbitration act, 10 of , shall apply to any matter submitted to a shipping master for decision under this section. 1. subs. by act 32 of , s. 12, for clause a w.e.f. . 2. ins. by act 9 of , s. 3 w.e.f. . 3. 1. subs. by act 12 of , s. 17 and sch., for a magistrate w.e.f..

section 138a. of the merchant shipping act : 1138a. working hours of seamen.the ordinary hours of work for all seamen shall not exceed fortyeight hours in a week. 1. ins. by act 9 of , s. 4 w.e.f. .

section 133. of the merchant shipping act : in any proceedings under this act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, master or agent or any mate or other member of the crew to produce any logbooks, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the matter.

section 134. of the merchant shipping act : where a seaman or apprentice has agreed with the master of a ship for payment of his wages in indian or other currency, any payment of, or on account of, his wages, if made in any currency other than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of exchange for the time being current at the place where the payment is made.

section 140. of the merchant shipping act : 1 the right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages. 2 where a seaman or apprentice who would but for death be entitled by virtue of this section to demand and recover any wages dies before the wages are paid, they shall be paid and applied in manner provided by this act with respect to the wages of a seaman who dies during a voyage.

section 137. of the merchant shipping act : 1 a payment under an allotment note shall begin at the expiry of 1one month from the date on which the seamans right to wages begins and shall be made at the expiration of every subsequent month after the first month and shall be made only in respect of the wages earned before the date of payment. 2 the owner, master or agent who has authorised the drawing of an allotment note shall pay to the shipping master on demand the sums due under the note, and, if he fails to do so, the shipping master may sue for and recover the same with costs: provided that no such sum shall be recoverable if it is shown to the satisfaction of the court trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the court either by the official statement of the change in the crew caused by his absence made and signed by the master as by this act is required or by a certified copy of some entry in the official logbook to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence of whatever description, as the court may consider sufficient. 3 the shipping master on receiving any such sum as aforesaid shall pay it over to the person named in that behalf in the allotment note. 4 all such receipts and payments shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of the shipping master. 5 the said book shall at all reasonable times be open to the inspection of the parties concerned. 1. subs. by act 41 of , s. 10, for one month from the date of the agreement w.e.f. .

section 138. of the merchant shipping act : a seamans right to wages and provisions shall be taken to being either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.

section 139. of the merchant shipping act : 1 a seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and shall not by any agreement abandon his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this act shall be void. 2 nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which according to the terms of the agreement is to be employed on salvage service with respect to the remuneration to be paid to them for salvage service to be rendered by that ship to any other ship.

section 141. of the merchant shipping act : 1 where the service of any seaman engaged under this act terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside india under a certificate granted under this act of his unfitness or inability to proceed on the voyage the seaman shall be entitled to receive a in the case of wreck, loss or abandonment of the ship i wages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port provided that the period for which he shall be entitled to receive wages shall be not less than one month and ii compensation for the loss of his effects a in the case of a seaman employed on a hometrade ship, of not less than one months wages and b in the case of a seaman employed on a foreigngoing ship, of not less than three months wages b in the case of unfitness or inability to proceed on the voyage, wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port. 2 a seaman shall not be entitled to receive wages under subclause i of clause a of subsection 1 in respect of any period during which a he was, or could have been, suitably employed or b through negligence he failed to apply to the proper authority for relief as a distressed or destitute seaman. 3 any amount payable by way of compensation under subclause ii of clause a of subsection 1 shall be deposited with the shipping master at the port of engagement in india for payment to the seaman, or, in the case of a deceased seaman,1to the person nominated by him in this behalf under section 159a or if he has not made any such nomination or the nomination made by him is or has become void, to his legal heirs. 1. subs. by act 41of , s. 11, for to his legal heirs w.e.f. .

section 143. of the merchant shipping act : 1 if a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master, owner or agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge: provided that the compensation so payable shall not exceed a in the case of a seaman who has been discharged before the commencement of a voyage, one months wages and b in the case of a seaman who has been discharged after the commencement of a voyage, three months wages. 2 any compensation payable under this section may be recovered as wages.

section 142. of the merchant shipping act : 1 a seaman or apprentice shall not be entitled to wages a for any period during which he is absent without leave from his ship or from his duty or b for any period during which he unlawfully refuses or neglects to work when required or c unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned. 2 a seaman or apprentice shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it be proved that a his illness, hurt or injury was caused by his own willful act or default or his own misbehavior or b his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment or c he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life.

section 144. of the merchant shipping act : 1 as respects wages due or accruing to a seaman or apprentice a they shall not be subject to attachment by order of any court b an assignment thereof made prior to the accruing thereof shall not bind the person making the same c a power of attorney or authority for the receipt thereof shall not be irrevocable d a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon. 2 the provisions of clauses b and c of subsection 1 shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund or scheme approved in this behalf by the central government, the main purpose of which is the provision for seamen of health or social insurance benefits and the provisions of clauses a and d of subsection 1 shall not apply to anything done or to be done for giving effect to such an assignment. 3 nothing in this section shall affect the provisions of this act or any other law for the time being in force with respect to allotment notes.

section 145. of the merchant shipping act : 1 a seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to 1any judicial magistrate of the first class or any metropolitan magistrate, as the case may be, exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged or at which any person upon whom the claim is made is or resides, and 2such magistrate shall try the case in a summary way and the order made by 2such magistrate in the matter shall be final. 2 an application under subsection 1 may also be made by any officer authorised by the central government in this behalf by general or special order. 1. subs. by act 12 of , s. 17 and schedule, for any magistrate w.e.f. . 2. subs. by s. 17 and schedule, ibid., for the magistrate w.e.f. .

section 150. of the merchant shipping act : 1 where the central government is of opinion that any dispute between seamen or any class of seamen or of any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed and exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seamen, the central government may, by notification in the official gazette, constitute a tribunal consisting of one or more persons, and refer the dispute to the tribunal for adjudication. 2 the tribunal so constituted shall have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , when trying a suit in respect of the following matters: a enforcing the attendance of any person and examining him on oath b compelling the production of documents c issuing commissions for the examination of witnesses d any other matter which may be prescribed, and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of . 3 no party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceeding and with the leave of the tribunal. 4 the tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the conclusion of the proceedings, submit its award to the central government. 5 on receipt of the award the central government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication: provided that where the central government is of opinion that it will be inexpedient on public grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the official gazette either reject the award or modify it, and where the central government does so, the award shall not become enforceable or shall become enforceable subject to the modifications, as the case may be. 6 an award which has become enforceable under this section shall be binding on a all parties to the dispute b where any party to the dispute is the owner of the ship, his heirs, successors, or assigns. 7 save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award. 8 any money due to a seaman from the owner of a ship under an award may be recovered as wages. 9 nothing contained in the industrial disputes act, 14 of , shall apply to any dispute between seamen or any class of seamen or any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed.

section 151., to remain unchanged during pendency of proceedings before tribunal. of the merchant shipping act : during the pendency of proceedings under section 150 a no seamen or class of seamen or union of seamen shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seamen are employed or are likely to be employed and b no owner of a ship shall i alter to the prejudice of the seamen concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings or ii discharge or punish any seaman in respect of any matter connected with the dispute.

section 146. of the merchant shipping act : a proceeding for the recovery of wages due to a seaman or apprentice shall not be instituted by or on behalf of any seaman or apprentice in any civil court except where a the owner of the ship has been declared insolvent b the ship is under arrest or sold by the authority of any court c 1a judicial magistrate of the first class or a metropolitan magistrate as the case may be, refers a claim to the court. 1 . subs. by act 12 of , s. 17 and the schedule, for the words a magistrate w.e.f. .

section 147. of the merchant shipping act : where a seaman is engaged for a voyage which is to terminate in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as is required by this act, and with the written consent of the master, or proves such illusage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board.

section 148. of the merchant shipping act : 1 the master of a ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seaman has under this act or by any law or custom. 2 the master of a ship and every person lawfully acting as a master of a ship by reason of the decease or incapacity from illness, of the master of the ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for recovery of his wages. 3 if in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or liabilities any setoff is claimed or any counterclaim is made, the court may enter into, and adjudicate upon, all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding and may direct payment of any balance found to be due.

section 149. of the merchant shipping act : where a proceeding is instituted in any court in relation to any dispute between master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or instituted for the purpose of this section, the court, if having regard to all the circumstances of the case, it thinks it, just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.

section 152. of the merchant shipping act : 1 if any seaman or apprentice engaged on any ship, the voyage of which is to terminate in india, dies during that voyage, the master of the ship shall report the death to the nextofkin of the seaman or apprentice and to the shipping master at his port of engagement and shall take charge of any money or effects belonging to the seaman or apprentice which are on board the ship. 2 the master shall thereupon enter in the official log book the following particulars, namely: a a statement of the amount of money and a detailed description of the other effects b a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages. 3 the said money, balance of wages and other effects are in this act referred to as the property of the seaman or apprentice.

section 153. of the merchant shipping act : 1 if any seaman or apprentice engaged on any ship, the voyage of which is to terminate in india, dies during that voyage and the ship before coming to a port in india touches and remains for fortyeight hours at some port elsewhere, the master shall report the case to the indian consular officer at such port and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage. 2 the indian consular officer may, if he thinks it expedient, require the property of the seaman or apprentice to be delivered and paid to him and shall thereupon give to the master a receipt therefor and endorse under his hand upon the agreement with the crew such particulars with respect thereto as the central government may require. 3 the receipt shall be produced by the master to the shipping master within fortyeight hours after his arrival at his port of destination in india. 4 where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in india without touching and remaining as aforesaid at a port elsewhere or the indian consular officer does not require the delivery and payment of the property as aforesaid, the master shall within fortyeight hours after his arrival at his port of destination in india, pay and deliver the property to the shipping master at that port. 5 a deduction claimed by the master in such account shall not be allowed unless vertified by an entry in the official log book, and also by such other vouchers, if any, as may be reasonably required by the shipping master. 6 a shipping master in india shall grant to a master upon due compliance with such provisions of this section as relate to acts to be done at the port of destination a certificate to that effect.

section 154. of the merchant shipping act : 1 if the master of a ship fails to comply with the provisions of this act with respect to taking charge of the property of the deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of such property, he shall be accountable for such property to the shipping master as aforesaid, and shall pay and deliver the same accordingly. 2 the property may be recovered in the same court and manner in which the wages of seamen may be recovered under this act.

section 159. of the merchant shipping act : where any property of a deceased seaman or apprentice is paid or delivered to a shipping master, the shipping master, after deducting for expenses incurred in respect of that seaman or apprentice or of his property 1such sums as he thinks proper to allow, shall pay and deliver the residue to the person nominated by the seaman or apprentice in this behalf under section 159a and if he has not made any such nomination or the nomination made by him is or has become void, the shipping master may a pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the said shipping master to be entitled thereto, and the said shipping master shall be thereby discharged from all further liability in respect of the residue so paid or delivered or b if he thinks fit so to do, require probate or letters of administration or a certificate under the indian succession act, 39 of 2or a certificate under section 29 of the administratorsgeneral act, 45 of , to be taken out, and thereupon pay and deliver the residue to the legal representatives of the deceased. 1. subs. by act 41 of , s.12, for such sums as he thinks proper to allow, may w.e.f.. 2. ins. by s. 12, ibid. w.e.f. .

section 155. of the merchant shipping act : if any seaman or apprentice on an indian ship, or engaged in india on any other ship, the voyage of which is to terminate in india, dies at any place outside india leaving any money or effects not on board the ship, the indian consular officer at or near the place shall claim and take charge of such money and other effects hereinafter referred to as the property of a deceased seaman or apprentice.

section 160. of the merchant shipping act : show related subordinates 1 where no claim to the property of a deceased seamen or apprentice received by a shipping master is substantiated within one year from the receipt thereof by such shipping master, the shipping master shall cause such property to be sold and pay the proceeds of the sale into the public account of india. 2 if, after the proceeds of the sale having been so paid, any claim is made thereto, then, if the claim is established to the satisfaction of the shipping master, the amount or so much thereof as shall appear to him to be due to the claimant, shall be paid to him, and if the claim is not so established, the claimant may apply by petition to the high court, and such court, after taking evidence either orally or on affidavit, shall make such order on the petition as shall seem just: provided that, after the expiration of six years from the receipt of such property by the shipping master, no claim to such property shall be entertained without the sanction of the central government. 1provided further that if, before the expiration of six years after the proceeds of the sale have been so paid, no claim is made thereto the amount or any part thereof may be utilised for the welfare of seamen in such manner as the central government may direct. 1. ins. by act 41 of , s. 14 w.e.f. .

section 157., of seamen lost with their ship. of the merchant shipping act : 1 where a seaman or apprentice is lost with the ship to which he belongs, the central government or such officer as the central government may appoint in this behalf may recover the wages and the compensation due to him from the owner, master or agent of the ship in the same court and in the same manner in which seamens wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seamen or apprentices under this act. 2 in any proceedings for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the court hearing the case may think probable.

section 158. of the merchant shipping act : if a seaman or apprentice dies in india and is at the time of his death entitled to claim from the master or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged or to such other officer as the central government may direct.

section 161. of the merchant shipping act : 1 the indian consular officer at or near the place where a seaman is in distress shall, on application being made to him by the distressed seaman, provide in accordance with the rules made under this act for the return of that seaman to a proper return port, and also for the said seamans necessary clothing and maintenance until his arrival at such port. 2 a distressed seaman shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the rules. 3 all repatriation expenses, other than excepted expenses, incurred by or on behalf of the central government in accordance with the provisions of this act shall constitute a debt due to the central government for which the owner or agent of the ship to which the seaman in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming distressed seaman shall be liable and the owner or agent shall not be entitled to recover from the seaman any amount paid by him to the central government in settlement or part settlement of such debt. 4 all excepted expenses incurred by or on behalf of the central government in accordance with the provisions of this act shall constitute a debt due to the central government for which the seaman in respect of whom they were incurred and the owner or agent or the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable and the owner or agent shall be entitled to recover from the seaman any amount paid by him to the central government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman. 5 all excepted expenses incurred in accordance with the provisions of this act in respect of any distressed seaman by the owner or agent of the ship to which he belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner or agent for which the seaman shall be liable and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman but he shall not be entitled to recover from the seaman any repatriation expenses other than excepted expenses. 6 in any proceedings for the recovery of any expenses which in terms of subsection 3 or subsection 4 are a debt due to the central government, the production of any account of the expenses and proof of payment thereof by or on behalf of or under the direction of the central government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this act by or on behalf of the central government. 7 any debt which may be due to the central government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as wages arc recoverable under section 145.

section 156. of the merchant shipping act : 1 an indian consular officer or a shipping master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under this act may, if he thinks fit, sell the effects, and the proceeds of any such sale shall be deemed to form part, of the property of the deceased seaman or apprentice. 2 before selling any valuables comprised in the said effects, such officer of shipping master shall endeavour to ascertain the wishes of the nextofkin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes. 3 an indian consular officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this act shall remit the property to the shipping master at the port of engagement of the deceased seaman or apprentice in such manner and shall render such accounts in respect thereof as may be prescribed.

section 159a. of the merchant shipping act : 1159a. nomination.1 a seaman may, for the purposes of subsection 3 of section 141 and clause b of section 159 and an apprentice may, for the purposes of clause b of section 159, nominate any person or persons: provided that if the seaman or the apprentice has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seaman or an apprentice acquires a family after he has made any such nomination, the nomination shall become void. 2 the form in which any nomination may be made under subsection 1, the cancellation or variation of any such nomination including the making of a fresh nomination and all other matters connected with such nominations shall be such as may be prescribed. 1. ins. by s. 13, ibid. w.e.f. .

section 165. of the merchant shipping act : in any proceeding under this part a certificate of the central government or of such officer as the central government may specify in this behalf to the effect that any seaman named therein is distressed shall be conclusive evidence that such seaman is distressed within the meaning of this act.

section 162. of the merchant shipping act : 1 a seaman may be sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly by any one and partly by any other of these modes. 2 provisions shall be made for the return of the seaman as to the whole of the route if it is by sea or as to any part of the route which is by sea by placing the seaman on board an indian ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, indian or foreign, or with the money for his passage and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses. 3 where the master of a ship is required under this part to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seamans passage or the expenses of his journey or of providing the seaman with means to pay his passage or those expenses, deposit with the proper officer such sum as that officer considers sufficient to defray the expenses of the return of the seaman to a proper return port.

section 167. of the merchant shipping act : the central government may make rules with respect to the relief, maintenance and return to a proper return port of seamen found in distress in any place out of india and with respect to the circumstances in which and the conditions subject to which, seamen may be relieved and provided with passages under this part, and generally to carry out the provisions of this part relating to distressed seamen.

section 163. of the merchant shipping act : 1 the master of an indian ship shall receive on board his ship and afford passage and maintenance to all distressed seamen whom he is required by the indian consular officer to take on board his ship, and shall during the passage provide every such distressed seaman with accommodation equal to that normally provided for the crew of the ship and subsistence, proper to the rank or rating of the said distressed seaman. 2 the master of a ship shall not be required to receive on board his ship a distressed seaman in terms of this section, if the indian consular officer is satisfied that accommodation is not and cannot be made available for such seaman.

section 164. of the merchant shipping act : 1 where a distressed seaman is for the purpose of his return to a proper return port placed on board an indian ship, the indian consular officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship particulars of the seaman so placed on board. 2 on the production of a certificate signed by the indian consular officer by whose directions any such distressed seamen were received on board, specifying the number and names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master stating the number of days during which each distressed seaman has received subsistence and stating the full complement of his crew and the actual number of seamen employed on board his ship and every variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled to be paid in respect of the subsistence and passage of every seaman so conveyed and provided for by him, exceeding the number, if any, wanted to make up the complement of his crew, such sum for each day as the central government may by rules made in this behalf allow.

section 170. of the merchant shipping act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, specify, every foreigngoing indian ship of such tonnage as may be prescribed shall be provided with, and shall carry, a cook duly certificated under this act. 2 the central government may make rules specifying the qualifications, experience or sea service which may be required from persons who wish to obtain certificates of competency as cooks under this act, and the conditions under which any such certificate may be granted, cancelled or suspended.

section 169. of the merchant shipping act : 1 in either of the following cases, that is to say, a if during the voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or b if it is shown that any of those provisions are or have during the voyage been bad in quality or unfit for use, the seaman shall receive by way of compensation for that reduction or bad quality according to the time of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in addition to, and to be recoverable as, wages. 2 if it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration in making an order.

section 172., to be provided and kept on board certain ships. of the merchant shipping act : show related subordinates 1 the owner of every ship of over five hundred tons gross shall supply or cause, to be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles according, to such scale as may be prescribed and different scales may be prescribed in respect of different classes of ships. 2 all foreigngoing indian ships and all hometrade ships of two hundred tons gross or more shall have always on board a sufficient supply of medicines, medical stores, appliances and first aid equipment suitable for diseases and accidents likely to occur on voyages according to such scale as may be prescribed. 3 it shall be the duty of the port health officer or such other person as the central government may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is required to be provided.

section 166. of the merchant shipping act : if any question arises as to what return port a seaman is to be sent in any case or as to the route by which he should be sent, that question shall be decided by the indian consular officer concerned, and in deciding any question under this provision the indian consular officer shall have regard both to the convenience of the seaman and to the expense involved, and also, where that is the case, to the fact that an indian ship which is in want of men to make up its complement is about to proceed to a proper return port.

section 168. of the merchant shipping act : 1 all indian ships and all ships upon which seamen have been engaged shall have on board sufficient provisions and water of good quality and fit for the use of the crew on the scale specified in the agreement with the crew. 2 if any person making an inspection under section 176 finds the provisions or water to be of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction. 3 the master shall not use any provisions or water so signified to be of bad quality and shall in lieu of such provisions or water, provide other proper provisions or water and he shall, if the provisions or water be signified to be deficient in quantity, procure the requisite quantity of any provisions or water to cover the deficiency. 4 the person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the shipping master, send a report thereof to the shipping master and that report shall be admissible in evidence in any legal proceeding. 5 if the inspection was made in pursuance of a request by the members of the crew and the person making the inspection certifies in the statement of the result of the inspection that the complaint was false and either frivolous or vexatious, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one weeks wages. 6 the master of the ship and any other person having charge of any provisions or water liable to inspection under this section shall give the person making the inspection every reasonable facility for the purpose. 17 the master of the ship or any person having charge over the ship shall maintain such standards, in accordance with the provisions of the maritime labour convention, for the quantity and quality of food and drinking water, and the catering standards applicable to food provided to the seamen on ships, as may be prescribed. 8 the master of the ship or any person having charge over the ship shall undertake educational activities to promote awareness and implementation of the standards referred to in subsection 7. 1. ins. by act 32 of , s. 13 w.e.f. .

section 171. of the merchant shipping act : the master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles in the presence of witnesses whenever any dispute arises about the quantities.

section 173. of the merchant shipping act : show related subordinates 11 every foreigngoing ship carrying a more than the prescribed number of persons including the crew, shall have on board as part of her complement a medical officer possessing such qualifications and b less than the prescribed number of persons shall have such medical facilities, as may be prescribed, in accordance with the provisions of the maritime labour convention. 2 nothing in this section shall apply to 2a special trade passenger ship or a pilgrim ship. 1. subs. by act 32 of , s. 14, for subsection 1 w.e.f. . 2. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f. .

section 174. of the merchant shipping act : show related subordinates 1 if the master of an indian ship, or a seaman or apprentice, receives any hurt or injury or suffers from any illness not being a hurt, injury or illness due to his own wilful act or default or to his own misbehaviour, resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical kind medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment and of his conveyance to that port, and, in case of death, the expenses, if any, of his burial or, cremation shall be defrayed by the owner of the ship without any deduction on that account from his wages. 2 if the master, seaman or apprentice is on account of any illness or injury temporarily removed from his ship, at a port other than his proper return, port, for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal and of providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance while away from the ship, shall be defrayed in like manner. 3 the expenses of all medicines, and surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. 4 in all other cases any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the indian consular officer or a shipping master, be deducted from the wages of the master, seaman or apprentice. 5 where any expenses referred to in this section have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are, paid by the government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the central government.

section 177. of the merchant shipping act : the master of an indian ship which is at sea shall, at least once in every ten days, cause an inspection to be made of the provisions and water provided for the use of the seamen and apprentices and the crew accomodation, for the purpose of ascertaining whether the same are being maintained in accordance with the requirements of this act, and the person making the inspection shall enter a statement of the result of the inspection in a book specially kept for the purpose.

section 175. of the merchant shipping act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules with respect to the crew accommodation to be provided in ships of any class specified in the rules. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the minimum space for each person which must be provided in any ship to which the rules apply by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom any specified part of such sleeping accommodation may be used b the position in any such ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation c the submission to such authority as may be specified in this behalf of plans and specifications of any works proposed to be carried out for the provision or alteration of any such accommodation and the authorisation of that authority to inspect any such works. d the maintenance and repair of any such accommodation and the prohibition or restriction of the use of any such accommodation for purposes other than those for which it is designed e the manner as to how ships registered or under construction at the commencement of any rules made under this section may be dealt with after such commencement 1f the fees that may be levied for the survey or inspection of crew spaces and for scrutiny of plans of crew accommodation spaces and the manner in which such fees may be collected. and such rules may make different provisions in respect of different classes of ships and in respect of crew accommodation provided for different classes of persons. 3 if any person making an inspection under section 176 finds that the crew accommodation is in sanitary or is not in accordance with the provisions of this act, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction. explanation.in this section, the expression crew accommodation includes sleeping rooms, mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen and apprentices, not being accommodation which is also used by, or provided for the use of passengers. 1. ins. by act 12 of , s. 7 w.e.f..

section 176., of provisions, water, weights and measures and accommodation. of the merchant shipping act : a shipping master, surveyor, seamens welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government a in the case of any ship upon which seamen have been shipped at that port, may at any time, and b in the case of any indian ship, may at any time, and if the master or three or more of the crew so request, shall, enter on board the ship and inspect i the provisions and water, ii the weights and measures, iii the accommodation for seamen, with which the ship is required to be provided by or under this act and also the space and equipment used for the storage and handling of food and water and the galley and other equipment used for the preparation and service of meals.

section 180. of the merchant shipping act : 1 if a collector has certified under subsection 2 of section 179, or if a court has reason to believe that a seaman who is a party to any proceeding before the court, is unable to appear therein or is a serving seaman, the court shall suspend the proceeding and shall give notice thereof to the shipping master: provided that the court may refrain from suspending the proceeding and giving the notice a if the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of preemption, or b if the interests of the seaman in the proceeding are, in the opinion of the court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature. 2 if it appears to the court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the court may suspend the proceeding and shall give notice thereof to the shipping master. 3 if on receipt of a notice under subsection 1 or subsection 2, the shipping master certifies to the court, that the seaman is a serving seaman, the court shall thereupon postpone the proceeding in respect of the seaman for such period as it thinks fit: provided that if by reason of the continued absence of the seaman the question of any further postponement of the proceeding in respect of the seaman arises, the court shall in deciding the question have regard to the purposes of the provisions of this act conferring special protection on seaman in respect of litigation. 4 if the shipping master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under subsection 1 or subsection 2 as the case may be, to certify that the seaman is a serving seaman, the court may, if it thinks fit, continue the proceeding.

section 177a. of the merchant shipping act : 1177a. power to make rules to prevent accidents, etc.1 the central government may, having regard to the provisions of the convention concerning the prevention of occupational accidents to seafarers adopted by the general conference of the international labour organisation on the 30th day of october, , make rules so as to ensure safe working conditions for indian ships and for preventing accidents and different rules may be made for different classes of ships and for ships of the same class in different circumstances. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner in which any equipment or gear may be maintained, inspected or tested and conditions as to such maintenance, inspection and testing b the manner in which the use of any material or process shall be regulated for the manufacture of any such equipment or gear c the provision of safe means of access to such equipment or gear for the use of seamen and provision of protective clothing for seamen where necessary d restriction on the hours of employment of seamen in any specified operation or under any specified circumstances and e the manner and form in which and the persons to whom any accident occurring on board a ship shall be reported. 1. ins. by act 41 of , s. 15 w.e.f. .

section 176a. of the merchant shipping act : 1176a. ships to possess maritime labour certificate and declaration of maritime labour compliance.1 all ships of five hundred tons gross or more and engaged in international voyage or operating from a port, or between ports, in another country, shall possess a maritime labour certificate and a declaration of maritime labour compliance. 2 ships not covered under subsection 1 shall, unless, exempted by the central government, possess such certificate in such manner and form, as may be prescribed. 3 the shipping master, surveyor, seamens welfare officer, port health officer, indian consular officer, or any other officer at any port duly authorised in this behalf by the central government, may inspect any ship, in such manner as may be prescribed, and the master of the ship or any person having charge over the ship shall make available to such inspecting officer, the maritime labour certificate and the declaration of maritime labour compliance. 1. ins. by act 32 of , s. 15 w.e.f. .

section 181. of the merchant shipping act : 1 where in any proceeding before a court, a decree or order has been passed against any seaman while he was a serving seaman, the seaman, or if he dies while he is a serving seaman, his legal representative, may apply to the said court to have the decree or order set aside, and if the court after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the seaman, the court, shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of subsection 1 of section 179, award, subject to such conditions as it thinks fit to impose, damages against such opposite party. 2 the period of limitation for an application under subsection 1 shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later and the provisions of section 5 of the indian limitation act, 9 of , shall apply to such applications. 3 where the decree or order in respect of which an application under subsection 1 is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made. 4 where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.

section 182. of the merchant shipping act : in computing the period of limitation provided in the foregoing provisions or in the indian limitation act, 9 of , or in any other law for the time being in force, for any suit, appeal or application to a court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his nextofkin was first informed, by the shipping master or otherwise, of his death, shall be excluded: provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of preemption except in such areas and in such circumstances as the central government may, by notification in the official gazette, specify in this behalf.

section 178. of the merchant shipping act : a seaman shall, for the purposes of these provisions, be deemed to be a serving seaman during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seaman is finally discharged from such agreement.

section 179. of the merchant shipping act : 1 if any person presenting any plaint, application or appeal to any court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal. 2 if any collector has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceedings pending before any court is unable to appear therein or is a serving seaman, the collector may certify the facts to the court.

section 187. of the merchant shipping act : 1 any person who receives or takes into his possession or under his control any money or other property of a seaman or apprentice shall return the same or pay the value thereof when required by the seaman or apprentice subject to deduction of such amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise. 2 where 1a judicial magistrate of the first class or a metropolitan magistrate as the case may be, imposes a fine for a contravention of this section, he may direct the amount of such money or the value of the property subject to such deduction as aforesaid, if any, or the property itself to be forthwith paid or delivered to the seaman or apprentice. 1. subs. by act 12 of , s. 17 and the schedule, for a magistrate w.e.f. .

section 183. of the merchant shipping act : if any court is in doubt whether, for the purposes of section 180 or section 181, a seaman is or was at any particular time or during any particular period a serving seaman, it may refer the question to the shipping master, and the certificate of the shipping master shall be conclusive evidence on the question.

section 190. of the merchant shipping act : no master, seaman, or apprentice belonging to an indian ship, wherever it may be, or to any other ship, while in india, shall knowingly a do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship or b refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injury.

section 184. of the merchant shipping act : if a seaman or apprentice states to the master that he desires to make a complaint to 1a judicial magistrate of the first class or a metropolitan magistrate, as the case may be or other proper officer against the master or any of the crew, the master shall, a if the ship is then at a place where there is 1a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, or other proper officer, as soon after such statement as the service of the ship will permit, and b if the ship is not then at such place, as soon after her first arrival at such place as the service of the ship will permit. allow the complainant to go ashore or send him ashore under proper protection so that he may be enabled to make the complaint. 1. subs. by act 12 of , s. 17 and the schedule, for a magistrate w.e.f. .

section 185. of the merchant shipping act : subject to the provisions of this act, an assignment of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and a powerofattorney or authority for the receipt of any such salvage shall not be irrevocable.

section 191. of the merchant shipping act : 1 no seaman lawfully engaged and no apprentice a shall desert his ship or b shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his ship or be absent without leave at any time within twentyfour hours of the ships sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty. 2 for the purposes of subsection 1, the fact that the ship, on which the seaman or apprentice is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause: provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the case may be, complained to the master or a shipping master, surveyor, seamens welfare officer, port health officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government, that the ship is unseaworthy.

section 186. of the merchant shipping act : a debt incurred by any seaman after he has to serve shall not be recoverable until the service agreed for is concluded.

section 189. of the merchant shipping act : where a ship has arrived at a port or place in india at the end of a voyage and any person, not being in the service of the government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seamen lawfully leave the ship at the end of their engagement or are discharged whichever happens last, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before 1a judicial magistrate of the first class or a metropolitan magistrate as the case may be, to be dealt with according to the provisions of this act. 1. subs. by act 12 of , s. 17 and the schedule, for a magistrate w.e.f. .

section 188. of the merchant shipping act : no person shall, while a ship is at any port or place in india a solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings for hire or b take out of the ship any property of the seaman or apprentice except under the direction of the seaman or apprentice and with the permission of the master.

section 192. of the merchant shipping act : if it is shown to the satisfaction of a proper officer that a seaman has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the proper officers hall forthwith make a report to that effect to the directorgeneral who may thereupon direct that the seamans certificate of discharge or continuous certificate of discharge shall be with held for such period as may be specified in the direction.

section 199. of the merchant shipping act : 1 whenever a question arises whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in india and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log book. 2 the desertion shall thereupon, so far as relates to any forfeiture of wages under this part, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship.

section 193. of the merchant shipping act : 1 if a seaman or apprentice deserts his ship or is absent without leave and without sufficient reason from his ship or from his duty, the master, any mate, the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seaman or apprentice under this act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case. 2 if, either at the commencement or during the progress of any voyage, a seaman or apprentice engaged in an indian ship commits outside india, the offence of desertion or absence without leave or any offence against discipline, the master, any mate, the owner or agent of the owner may, if and so far as the laws in force in the place will permit, arrest him without first procuring a warrant. 3 no person shall convey on board or arrest a seaman or apprentice on improper or insufficient grounds. 4 where a seaman or apprentice is brought before a court on the ground of desertion or of absence without leave or of any offence against discipline, and the master or the owner, or his agent, so requires, the court, may, in lieu of committing and sentencing him for the offence, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on be half of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned.

section 194. of the merchant shipping act : a seaman lawfully engaged or an apprentice shall be guilty of an offence against discipline if he commits any of the following acts, namely: a if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security b if he is guilty of wilful disobedience to any lawful command or neglect of duty c if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty d if he assaults the master or any other 1officer of or a seaman or an apprentice belonging to, the ship e if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or retard the progress of the voyage f if he willfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or willfully damages any of, her stores or cargo. 1. subs. by act 41 of , s. 16, for officers of the ship w.e.f. .

section 200. of the merchant shipping act : 1 where any wages or other property are under this act forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship, and subject to that reimbursement, shall be paid to the central government. 2 for the purposes of such reimbursement the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited and the court in any legal proceeding relating to such wages may order them to be paid accordingly.

section 198. of the merchant shipping act : 1 in every case of desertion from an indian ship whilst such ship is at any place out of india, the master shall produce the entry of desertion in the official log book to the indian consular officer at the place, and that officer shall thereupon, make and certify a copy of the entry. 2 the master shall forthwith transmit such copy to the shipping master at the port at which the seaman or apprentice was shipped, and the shipping master shall, if required, cause the same to be produced in any legal proceeding. 3 such copy, if purporting to be so made and certified as aforesaid, shall, in any legal proceeding relating to such desertion, be admissible in evidence.

section 202. of the merchant shipping act : 1 every fine imposed on a seaman for any act of misconduct under this agreement shall be deducted and paid over as follows, namely: a if the offender is discharged at any port or place in india and the offence and such entries in respect thereof as aforesaid are proved to the satisfaction of the shipping master before whom the offender is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such shipping master and b if the seaman is discharged at any port or place outside india and the offence and such entries as aforesaid are proved to the satisfaction of the indian consular officer, by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book, if any, and signed by such officer and on the return of the ship to india, the master or owner shall pay over such fine to the shipping master before whom the crew is discharged. 2 an act of misconduct for which any such fine has been inflicted and paid shall not be otherwise punishable under the provisions of this act. 3 the proceeds of all fines received by a shiping master under this section shall be utilised for the welfare of seamen in such manner as the central government may direct.

section 196. of the merchant shipping act : if any offence within the meaning of this act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offenders agreement imposes a fine, and it is intended to enforce the fine, a an entry of the offence or act shall be made in the official log book and signed by the master, the mate and one of the crew and b the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any, port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit and c a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid and d in any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct.

section 195. of the merchant shipping act : 1 if a seaman lawfully engaged or an apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may he retained in satisfaction on account of that liability without prejudice to any other remedy. 2 if a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narcotic drug or narcotic, the directorgeneral may direct that the seamans certificate of discharge or continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the direction.

section 203. of the merchant shipping act : no person shall by any means whatever persuade or attempt to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty.

section 197. of the merchant shipping act : whenever any seaman engaged outside india on an indian ship deserts or otherwise absents himself in india without leave, the master of the ship shall, within fortyeight hours of discovering such desertion or absence, report the same to the shipping master or to such other officer as the central government specifies in this behalf, unless in the meantime, the deserter or absentee returns.

section 207. of the merchant shipping act : if any seaman engaged outside india is imprisoned for any offence for which he has been sentenced to imprisonment for a term not exceeding three months, and if, during such imprisonment and before his engagement is at an end, his services are required on board his ship, any magistrate may, at the request of the master or owner or his agent, cause the seaman to be conveyed on board the ship for the purpose of proceeding on the voyage or to be delivered to the master or any mate of the ship or to the owner or his agent to be by them so conveyed, notwithstanding that the period for which he was sentenced to imprisonment has not terminated.

section 201. of the merchant shipping act : any question concerning the forfeiture of or deductions from the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.

section 204. of the merchant shipping act : no person shall harbour or secrete a seaman or, apprentice who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seaman or apprentice to have so done. 1provided that the provisions of this section shall not extend to the case in which the harbour or secreting is by the spouse of the seaman or apprentice. 1. ins. by act 41 of , s. 17 w.e.f. .

section 209. of the merchant shipping act : where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all documents in his possession relating to the seaman.

section 206. of the merchant shipping act : if any seaman engaged outside india is imprisoned on complaint made by or on behalf of the master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, then a while such imprisonment lasts, no person shall, without the previous sanction in writing of the central government or of such officer as it may specify in this behalf, engage in india any person to serve as a substitute for such seaman on board the ship and b the central government or such officer as it may specify in this behalf may tender such seaman to the master or owner of the ship in which he is engaged to serve, and if such master or owner, without assigning reasons satisfactory to the central government or to such officer as aforesaid, refuses to receive him on board, may require such master or owner to deposit in the local shipping office i the wages due to such seaman and his money and other property, and ii such sum as may, in the opinion of the central government or such officer as aforesaid, be sufficient to defray the cost of the passage of such seaman to the port at which he was shipped according to the scale of costs usual in the case of distressed seamen.

section 205. of the merchant shipping act : 1 no person shall secrete himself and go to sea in a ship without the consent of either the owner, agent or master or of a mate, or of the person in charge of the ship or of any other person entitled to give that consent. 2 every seafaring person to whom the master of a ship, is under the authority of this act or any other law compelled to take on board and convey and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline and to the same fines and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and has signed the agreement with, the crew. 3 the master of any indian ship arriving at any port or place in or outside india and the master of any ship other than an indian ship arriving at any port or place in india shall, if any person has gone to sea on that ship without the consent referred to in subsection 1, report the fact in writing to the proper officer as soon as may be after the arrival of the ship.

section 208. of the merchant shipping act : 1 if during the progress of a voyage the master of any indian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody. 2 such successor shall immediately on assuming the command of the ship enter in the official log book a list of the documents so delivered to him.

section 212. of the merchant shipping act : 1 an official log shall be kept in the prescribed form in every indian ship except a hometrade ship of less than two hundred tons gross. 2 the official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ships log so that in all cases the spaces in the official long book be duly filled up.

section 210. of the merchant shipping act : 1 the master of a ship shall not discharge at any place in india, a seaman or apprentice engaged outside india unless he previously obtains the sanction in writing of such officer as the central government appoints in this behalf but such sanction shall not be refused when the seaman or apprentice is discharged on the termination of his service. 2 subject to the provisions contained in subsection 1, the sanction under that subsection shall be given or withheld at the discretion of the officer so appointed, but whenever it is withheld, the reasons for so withholding it shall be recorded by him.

section 211. of the merchant shipping act : 1 where it appears to the central government that due facilities are or will be given by the government of any country outside india for recovering and apprehending seamen who desert from indian ships in that country, the central government may, by notification in the official gazette, stating that such facilities are or will be given, declare that this section shall apply to seamen belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification. 2 where this section applies to seamen belonging to ships of any country and a seaman deserts from any such ship, when within india, any court that would have had cognizance of the matter if the seaman or apprentice had deserted from an indian ship shall, on the application of a consular officer of that country, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board his ship of delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordingly.

section 213. of the merchant shipping act : 1 an entry required by this act in the official log book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twentyfour hours after that arrival. 2 save as otherwise provided in this act, every entry in the official log book shall be signed by the master and by the mate or some other member of the crew and also a if it is an entry of injury or death, shall be signed by the medical officer on board, if any b if it is an entry of wages due to or the property of a seaman or apprentice who dies, shall be signed by the mate and by some member of the crew besides the master. 3 every entry made in an official log books, in the manner provided by this act shall be admissible in evidenced.

section 216. of the merchant shipping act : the master of every ship for which an official log book is required to be kept under this act shall, within fortyeight hours after the shipss arrival at her final port of destination in india or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping master before whom the crew is discharged.

section 214. of the merchant shipping act : 1 the master of a ship for which an official log is required shall enter or cause to be entered in the official log book the following matters namely: a every conviction by a legal tribunal of a member of his crew and the punishment inflicted b every offence committed by a member of his crew for which it is intended to prosecute or to enforce a forfeiture or exact a fine, together with such statement concerning the reading over of that entry and concerning the reply if any made to the charge as is by this act required c every offence for which punishment is inflicted on board and the punishment inflicted d a report on the quality of work of each member of his crew, or a statement that the master declines to give an opinion thereon with statement of his reasons for so declining e every case of illness, hurt or injury happening to a member of the crew with the nature thereof and the medical treatment adopted if any f every case of death happening on board and the cause thereof, together with such particulars as may be prescribed g every birth happening on board, with the sex of the infant, the names of the parents and such other particulars as may be prescribed h every marriage faking place on board with the names and ages of the parties i the name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner and cause thereof j the wages due to any seaman or apprentice who dies during the voyage and the gross amount of all deductions to be made therefrom k the money or other property taken over of any seaman or apprentice who dies during the voyage l any other matter which is to be or may be prescribed for entry in the official log. 2 the master of every such ship, upon its arrival at any port in india or at such other time and place as the central government may with respect to any ship or class of ships direct, shall deliver or transmit, in such form as the directorgeneral may specify, a return of the facts recorded by him in respect of the birth of a child, or the death of a person on board the ship to the directorgeneral. 3 a the directorgeneral shall send a certified copy of such of the returns received by him under subsection 2 as relate to citizens of india, to such officer as may be specified in this behalf by the central government and such officer shall cause the same to be preserved in such manner as may be specified in this behalf by the central government. . b every such copy shall be deemed to be a certified copy of the entry with respect to the person concerned, registered under any law in force for the time being relating to the registration of births and deaths.

section 218a. of the merchant shipping act : show related subordinates 1218a. power to make rules for purposes of maritime labour convention.1 the central government may, having regard to the provisions of the maritime labour convention, and in consultation with such organisations in india as the central government may, by order, notify to be the most representative of the employers of seamen and of seamen, make rules for carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the hours of work and rest in a week under clause cc of subsection 2 of section 101 ii the entitlement for leave under clause ff of subsection 2 of section 101 iii the period of night work under clause b of subsection 2 of section 109 iv standards for the quantity and quality of food and drinking water, including the catering standards that apply to food provided to the seamen on ships, under subsection 7 of section 168 v the qualifications of medical officer under clause a and the medical facilities under clause b of subsection 1 of section 173 vi the manner and form of certificate to be provided to ships under subsection 2 of section 176a vii the manner of conducting inspection in a ship to verify possession of the maritime labour certificate and the declaration of maritime labour compliance under subsection 3 of section 176a viii any other matter which may be or is to be prescribed relating to the maritime labour convention. 1. ins. by act 32 of , s. 16 w.e.f. .

section 215. of the merchant shipping act : 1 an official log book shall be kept in the manner required by this act, and an entry directed by this act to be made therein shall be made at the time and in the manner directed by this act. 2 no person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twentyfour hours after such arrival.

section 217. of the merchant shipping act : 1 if for any reason the official log ceases to be required in respect of an indian ship, the master or owner of the ship shall, if the ship is then in india within one month, and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log book duly completed up to the time of cessation. 2 if a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as possible, deliver or transmit to the shipping master at her port of registry the official log book, duly completed up to the time of the loss or abandonment.

section 221. of the merchant shipping act : 1 the owner or agent of every passenger ship for which a certificate of survey is required under this part shall cause it to be surveyed in the prescribed manner. 2 for the purposes of a survey under this part, a surveyor may, at any reasonable time, go on board a ship, and may inspect the ship and any part thereof, and the machinery, equipment or articles on board thereof: provided that he does not unnecessarily hinder the loading or unloading of the ship, or unnecessarily detain or delay her from proceeding on any voyage. 3 the owner, agent, master and every officer of the ship shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the ship and her machinery and equipment, or any part thereof, respectively, as the surveyor reasonably requires.

section 218. of the merchant shipping act : show related subordinates 1 the central government may, by notification in the official gazette, constitute an advisory board to be called the national welfare board for seafarers hereinafter referred to as the board for the purpose of advising the central government on the measures to be taken for promoting the welfare of seamen whether ashore or on boardship generally and in particular the following: a the establishment of hostels or boarding and lodging houses for seamen b the establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen c the establishment of hospitals for seamen or the provision of medical treatment, for seamen d the provision of educational and other facilities for seamen. 2 the central government may make rules providing for a the composition of the board and the term of office of members thereof b the procedure to be followed in the conduct of business by the board c the travelling and other allowances payable to members of the board d the levy of fees payable by owners of ships at such rates as may be prescribed which may be at different rates for different classes of ships for the purpose of providing amenities to seamen and for taking other measures for the welfare of seamen e the procedure by which any such fees may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in clause d.

section 220. of the merchant shipping act : show related subordinates 1 no ship shall carry more than twelve passengers between ports or places in india or to or from any port or place in india from or to any port or place outside india, unless she has a certificate of survey under this part in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed: provided that nothing in this section shall apply to any ship which has been granted a certificate under section 235, unless it appears from the certificate that it is inapplicable to the voyage on which the ship is about to proceed or the service on which she is about to be employed, or unless there is reason to believe that the ship has, since the grant of the certificate, sustained injury or damage or been found unseaworthy or otherwise inefficient. 2 no customs collector shall grant a port clearance, nor shall any pilot be assigned, to any ship for which a certificate of survey is required by this part until after the production by the owner, agent or master thereof of a certificate under this part in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed. 3 if any ship for which a certificate of survey is required by this part, leaves or attempts to leave any port of survey without a certificate, any customs collector or any pilot on board the ship may detain her until she obtains a certificate.

section 219. of the merchant shipping act : this part applies only to seagoing passenger ships fitted with mechanical means of propulsion, but the provisions of this part relating to 1special trade passenger ships shall not apply a to any such ship not carrying more than thirty 2special trade passengers or b to any such ship not intended to carry 2special trade passengers to or from any port or place in india. 1. subs. by act 69 of , s. 2, for unberthed passenger shipsw.e.f. . 2. subs. by s. 2, ibid., for unberthed passengers w.e.f. .

section 222. of the merchant shipping act : before a survey under this part is commenced, the owner, agent or master of the ship to be surveyed shall pay to such officer as, the central government may appoint in this behalf a a fee calculated on the tonnage of the ship according to the prescribed rates b when the survey is to be made in any port of survey other than bombay, calcutta or madras, such additional fee, in respect of the expense if any of the journey of the surveyor to the port, as the central government may by order direct.

section 223. of the merchant shipping act : when a survey under this part is completed, the survey or making it shall forthwith, if satisfied that he can with propriety do so, deliver to the owner, agent or master of the ship surveyed a declaration of survey in the prescribed form containing the following particulars, namely: a that the hull and machinery of the ship are sufficient for the service intended and in good condition b that the equipment of the ship is in such condition and that the certificates of the master, mates, engineers or enginedrivers and of the radio telegraphy operators, are such, as are required by this act or any other law for the time being in force and applicable to the ship c the time if less than one year for which the hull, machinery and equipment of the ship will be sufficient d the voyages or class of voyages, on which, as regards construction, machinery and equipment, the ship is the surveyors opinion fit to ply e the number of passengers which the ship is in the opinion of the survey, fit to carry, distinguishing, if necessary, between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck and cabins the number to be subject to such conditions and variations, according to the time of year, the nature of the voyage the cargo carried or other circumstances as the case requires and f any other prescribed particulars.

section 228. of the merchant shipping act : 1 any certificate of survey granted under this part may be cancelled or suspended by the central government if it has reason to believe a that the declaration by the surveyor of the sufficiency of the hull, boilers, engines or any of the equipment of the ship has been fraudulently or erroneously made or b that the certificate has otherwise been issued upon false of erroneous information. 2 before any certificate of survey is cancelled or suspended under subsection 1, the holder of the certificate shall be given a reasonable opportunity of showing cause why the certificate should not be cancelled or suspended, as the case may be: provided that this subsection shall not apply where the central government is satisfied that for some reason to be recorded in writing it is not reasonably practicable to give to the holder of the certificate an opportunity of showing cause.

section 225. of the merchant shipping act : 1 upon receipt of a declaration of survey, the central government shall, if satisfied that the provisions of this part have been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the ship was surveyed as the central government may appoint in this behalf, to the owner, agent or master of the ship surveyed, on his applying and paying the sums if any mentioned in section 224 as payable on the delivery of a certificate. 2 a certificate granted under this section shall be in the prescribed form shall contain a statement to the effect that the provisions of this part with respect to the survey of the ship and the transmission of the declaration of survey in respect thereof have been complied with and shall also set forth. a the particulars concerning the ship which clauses c, d and e of section 223 require the declaration of survey to contain and b any other prescribed particulars.

section 224. of the merchant shipping act : 1 the owner, agent or master to whom a declaration of survey is given shall, within fourteen days after the dale of the receipt thereof, send the declaration to such officer as the central government may appoint in this behalf. 2 if the owner, agent or master fails to do so, he shall forfeit a sum not exceeding five rupees for every day during which the sending of the declaration is delayed and shall pay any sum so forfeited on the delivery of the certificate of survey.

section 231. of the merchant shipping act : the owner or master of every ship for which a certificate of survey has been granted under this part shall forthwith, on the receipt of the certificate cause one of the duplicates thereof to be affixed, and kept affixed so long as the certificate remains in force and the ship is in use on some conspicuous part of the ship where it may be easily read by all persons on board thereof.

section 226. of the merchant shipping act : 1 if a surveyor making a survey under this part refuses to give a declaration of survey under section 223 with regard to any ship or gives a declaration with which the owner or agent or master of the ship surveyed is dissatisfied, the central government may, on the application of the owner, agent or master, and the payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, as the central government may require, direct any other surveyor to survey the ship. 2 the surveyor so directed shall forthwith survey the ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems to him proper, and his decision shall, save as otherwise provided in this act, be final.

section 232. of the merchant shipping act : 1 no ship on any voyage shall carry or attempt to carry passengers in contravention of section 220 or shall have on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of passengers which the ship or the part thereof is fit to carry on that voyage. 2 if the master or any other officer of any ship which carries or attempts to carry passengers in contravention of section 220 is a licensed pilot, he shall be liable to have his licence as a pilot cancelled or suspended for such period as the central government may, by order, specify.

section 227. of the merchant shipping act : 1 a certificate of survey granted under this part shall not be in force a after the expiration of one year from the date of issue or b after the expiration of the period, if less than one year, for which the hull, boilers, engines or any of the equipment have been stated in the certificate to be sufficient or c after notice, has been given by the central government to the owner, agent or master of the ship to which the certificate relates that the central government has cancelled or suspended it. 2 if a passenger ship is absent from india at the time when her certificate expires the provisions of this part relating to certificate of survey shall not be deemed to be contravened unless she first begins to ply with passengers after her next return to india.

section 229. of the merchant shipping act : 1 the owner, agent or master of a ship in respect of which a certificate of survey granted under this part is in force, shall, as soon as possible after any alteration is made in the ships hull, equipment or machinery which affects the efficiency thereof or the seaworthiness of the ship, give written notice to such person as the central government may direct containing full particulars of the alteration. 2 if the central government has reason to believe that since the making of the last declaration of survey in respect of a ship a any such alteration as aforesaid has been made in the hull, equipment or machinery of the ship or b the hull, equipment or machinery of the ship have sustained any injury or are otherwise insufficient the central government may require the ship to be again surveyed to such extent as it may think fit, and, if such requirement is not complied with, may cancel any certificate of survey issued under this part in respect of the said ship.

section 230. of the merchant shipping act : every certificate of survey granted under this part which has expired, or has been cancelled or suspended, shall be delivered to such person as the central government may direct.

section 240. of the merchant shipping act : show related subordinates 11 a ship intended to carry special trade passengers between ports or places in india shall not commence a voyage from any port or place appointed under subsection 1 of section 237, unless the master holds certificates to the effect mentioned in sections 241 and 242. 1a a ship intended to carry special trade passengers from or to a port or place in india to or from a port or place outside india shall not commence a voyage from any port or place appointed under subsection 1 of section 237, unless the master holds i a passenger ship safety certificate ii an exemption certificate iii a special trade passenger ship safety certificate iv a special trade passenger ship space certificate and v a certificate referred to in section 242. 2 the customs collector whose duty it is to grant a port clearance for the ship shall not grant it 2unless the master holds the appropriate certificate for the voyage specified in subsection 1, or as the case may be in subsection 1a. 1. subs. act 69 of , by s. 4, for subsection 1 w.e.f. . 2. subs. by, s. 4, ibid., for unless the master holds the aforesaid certificates w.e.f..

section 234. of the merchant shipping act : the master of any passenger ship may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.

section 233. of the merchant shipping act : 1 if, in the case of a ship for which a certificate of survey has been granted under this part, a any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employ and, after having the amount of his fare if he has paid it returned or tendered to him, nevertheless persists in attempting to enter the ship b any person being drunk or disorderly on board the ship is requested by the owner or any person in his employ to leave the ship at any place in india at which he can conveniently do so, and after having the amount of his fare if he has paid it returned or tendered to him, does not comply with the request c any person on board the ship after warning by the master or other officer thereof, molests or continues to molest any passenger d any person having gone on board the ship at any place and being requested, on account of the ship being full, by the owner or any person in his employ to leave the ship, before it has departed from that place, and having had the amount of his fare if he has paid it returned or tendered to him, does not comply with that request e any person travels or attempts to travel in the ship without first paying his fare and with intent to avoid payment thereof f any person on arriving in the ship at the place for which he has paid his fare knowingly and wilfully refuses or neglects to quit the ship g any person on board the ship fails when requested by the master or other officer thereof either to pay his fare or to exhibit such ticket or other receipt, if any, showing the payment of his fare as is usually given to persons travelling by and paying fare for the ship he shall be guilty of an offence under this subsection. 2 no person on board any such ship shall wilfully do or cause to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the ship or to obstruct, impede or molest the crew or any of them in the navigation or management of the ship or otherwise in the execution of their duty on or about the ship. 3 the master or other officer of any such ship and all persons called by him to his assistance may, without warrant, detain any person who commits any offence under this section and whose name and address are unknown to the master or officer and convey the offender with all convenient dispatch before the 1nearest judicial magistrate of the first class or the metropolitan magistrate as the case may be, to be dealt with according to law. 1. subs. by act 12 of , s. 17 and the schedule, for nearest magistratew.e.f..

section 239. of the merchant shipping act : after receiving the notice under section 238 the officer appointed under that section or a person authorised by him in this behalf shall be at liberty at all times to enter on the ship and inspect her and her fittings and the provisions and stores on board.

section 235. of the merchant shipping act : 1 when a ship requires to be furnished with a certificate of survey under this part and the central government is satisfied a by the production of a certificate of survey that the ship has been officially surveyed at a port in a country outside india b that the requirements of this act are proved by that survey to have been substantially complied with and c that certificates of survey granted under this part are accepted in such country in lieu of the corresponding certificates required under the laws in force in that country the central government may, if it thinks fit, dispense with any further survey of the ship in respect of the requirements so complied with, and give a certificate which shall have the same effect as a certificate given after survey under this part. 2 when the central government has, by notification in the official gazette, declared that it is satisfied that an official survey at a port in a country outside india specified in the declaration is such as to prove that the requirements of this act have been substantially complied with, any person authorised by the central government in this behalf may exercise the power to dispense with a survey and to give a certificate conferred on the central government by subsection 1 in the case of any ship furnished with a valid certificate of survey granted at such port. 3 the provisions of subsection 1 shall be applicable in the case of ships furnished with valid certificates of partial survey including docking certificates, as if they were ships furnished with like certificates granted at ports in countries outside india subject to the modification that the powers of the central government under the said subsection may be exercised by any person authorised by the central government in this behalf.

section 236. of the merchant shipping act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules to regulate the making of surveys under this part and the provisions to be made for the safety of life at sea. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the times and places at which, and the manner in which, surveys are to be made b the requirements as to construction, machinery, equipment and marking of subdivision load lines, which are to be fulfilled by ships generally or by any class of ships in particular before a declaration of survey may be granted c the survey of ships by two or more surveyors d the duties of the surveyor making a survey and, where two or more surveyors are employed, the respective duties of each of the surveyors employed e the form in which declarations of survey and certificates of survey under this part are to be made and the nature of the particulars to be stated therein respectively f the rates according to which the fees payable in respect of surveys are to be calculated in the case of all or any of the ports of survey g the closing of, and keeping closed, the openings in ships hulls and in watertight bulkheads h the securing of, and keeping in place and the inspection of contrivances for closing any such openings as aforesaid i the operation of mechanisms of contrivances for closing any such openings as aforesaid and the drills in connection with the operation thereof and j the entries to be made in the official log book or other record to be kept of any of the matters aforesaid.

section 242. of the merchant shipping act : show related subordinates the second of the certificates hereinafter called certificate b shall be in the prescribed form and shall state a the voyage which the ship is to make, and the intermediate ports if any at which she is to touch b that she has the proper complement of officers and seamen 1c that the master holds i a certificate of survey and certificate a or ii a passenger ship safety certificate accompanied by an exemption certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate or iii a nuclear passenger ship safety certificate d that she has on board such number of medical officers licensed in the prescribed manner and such number of attendants, if any, as may be prescribed e that food, fuel and pure water over and above what is necessary for the crew, and the other things if any prescribed for 2special trade passenger ships or pilgrim ships, have been placed on board, of the quality prescribed, properly packed, and sufficient to supply the 3special trade passengers or pilgrims on board during the voyage which the ship is to make including such detention in quarantine as may be probable according to the prescribed scale f in the case of 4a special trade passenger ship, if the ship is to make a voyage in season of foul weather specified as such in the rules made under section 262, and to carry upperdeck passengers, that she is furnished with substantial bulwarks and a double awning or with other sufficient protection against the weather g in the case of 4a special trade passenger ship, the number of cabin and 3a special trade passengers embarked at the port of embarkation h such other particulars, if any, as may be prescribed for 2special trade passenger ships or pilgrim ships, as the case may be. 1 . subs. by s. 6, ibid., for clause c w.e.f. . 2. subs. by act 69 of , s. 2, for unberthed passenger ships w.e.f. . 3. subs. by s. 2, ibid., for unberthed passengers w.e.f. . 4. subs. by s. 2, ibid., for un unberthed passenger ship w.e.f. .

section 237. of the merchant shipping act : 1 neither 2a special trade passenger ship nor a pilgrim ship shall depart or proceed from on discharge 3special trade passengers or pilgrims, as the case may be, at any port or place within india other than a port or place appointed in this behalf by the central government for 1special trade passenger ships or pilgrim ships, as the case may be. 2 after a ship has departed or proceeded on a voyage from a port or place so appointed, a person shall not be received on board as 4a special trade passenger or pilgrim, as the case may be, except at some other port or place so appointed. 1. subs. by act 69 of , s. 2, for unberthed passenger ships w.e.f. . 2. subs. by s. 2, ibid., for an unbertherd passengers w.e.f. . 3. subs. by s. 2, ibid., for unbertherd passengers w.e.f. . 4. subs. by s. 2, ibid., for an unbertherd passenger w.e.f. .

section 238. of the merchant shipping act : 1 the master, owner or agent of 1a special trade passenger ship or a pilgrim ship so departing or proceeding shall give notice to an officer appointed in this behalf by the central government that the ship is to carry 2special trade passengers or pilgrims and of her destination and of the proposed time of sailing. 2 the notice shall be given a in the case of 1a special trade passenger ship, not less than twentyfour hours before that time b in the case of a pilgrim ship at the original port of departure, if in india, and in any other case at the first port at which she touches in india, not less than three days, and at all other ports not less than twentyfour hours, before that time. 1. subs. by s. 2, ibid., for an unbertherd passengers w.e.f. . 2. subs. by s. 2, ibid., for unbertherd passengers w.e.f. .

section 245. of the merchant shipping act : 1 the certifying officer shall not grant a certificate b if he has reason to believe that the leather conditions are likely to be adverse or that the ship has on board any cargo likely from its quality, quantity or mode of stowage to prejudice the health or safety of the 1special trade passenger or pilgrims. 2 save as aforesaid, and subject to the provisions of subsection 3, it shall be in the discretion of the certifying officer to grant or withhold the certificate, and when he withholds the certificate, the reasons for so doing shall be communicated to the person concerned. 3 in the exercise of that discretion that officer shall be subject to the control of the central government or of such authority as the central government may appoint in this behalf. 1. subs. by s. 2, ibid., for unberthed passenger w.e.f. .

section 241. of the merchant shipping act : show related subordinates 1241. contents of certificate a.1 the first of the certificates referred to in subsection 1 of section 240 hereinafter called certificate a shall be in the prescribed form and contain such particulars as may be prescribed. 2 in particular and without prejudice to the generality of the foregoing power, certificate a shall contain the following statements and particulars, namely: i that the ship is seaworthy ii that the ship is properly equipped, fitted and ventilated iii the number of special trade passengers the ship is certified to carry and iv such other particulars as may be prescribed. 3 certificate a shall remain in force for a period of one year from the date of issue or for such shorter period as may be specified therein. 1 . subs. by s. 5, ibid., for section 241 w.e.f. .

section 246. of the merchant shipping act : the master or owner shall post up in a conspicuous part of the ship, so as to be visible to the persons on board thereof, a copy of certificate a granted under this part in respect of the ship and shall keep that copy so posted up as long as it is in force.

section 248. of the merchant shipping act : 1 1a special trade passenger ship or a pilgrim ship shall not carry a number of 2special trade passengers or pilgrims, which is greater than the number allowed for the ship by or under this part. 2 any officer authorised in this behalf by the central government may cause all 2special trade passengers or pilgrims over and above the number allowed by or under this part to disembark, and may forward them to any port at which they may have contracted to land, and recover the cost of so forwarding them from the master, owner or agent of the ship as if the cost were a fine imposed under this part, and a certificate under the hand of that officer shall be conclusive proof of the amount of the cost aforesaid. 1. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f.. 2. subs. by s. 2, ibid., for unberthed passengers w.e.f. .

section 243. of the merchant shipping act : the person by whom certificate a and certificate b are to be granted shall be the officer appointed under section 238 who is hereinafter referred to as the certifying officer.

section 249. of the merchant shipping act : no master, owner or agent of 1a special trade passenger ship or a pilgrim ship shall land any 2special trade passenger or pilgrim at any port or place other than the port or place at which the 2special trade passenger or pilgrim may have contracted to land, unless with his previous consent, or unless the landing is made necessary by perils of the sea or other unavoidable accident. 1. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f.. 2. subs. by s. 2, ibid., for unberthed passenger w.e.f. .

section 244. of the merchant shipping act : after receiving the notice required by section 238, the certifying officer may, if he thinks fit, cause the ship to be surveyed at the expense of the master or owner by a surveyor, who shall report to him whether the ship is, in his opinion, seaworthy and properly equipped, fitted and ventilated for the service on which she is to be employed: 1provided that he shall not cause a ship holding a valid certificate referred to in subclause i or subclause ii or subclause iii of clause c of section 242 to be surveyed unless, by reason of the ship having met with damage or having undergone alterations, or on other reasonable grounds, he considers it likely that she may be found unseaworthy or not properly equipped, fitted or ventilated for the service on which she is to be employed. 1. the proviso subs. by s. 7, ibid. w.e.f. .

section 247. of the merchant shipping act : 1 the master of 1a special trade passenger ship or any contractor employed by him for the purpose shall not, without reasonable excuse, the burden of proving which shall lie upon him, omit to supply to any 2special trade passenger the prescribed allowance of food, fuel and water, and the master of a pilgrim ship, or any contractor employed by him for the purpose shall not, without reasonable excuse, the burden of proving which shall lie upon him, omit to supply to any pilgrim the prescribed allowances of food and of water as required by the provisions of this part. 2 where, under the terms of the ticket issued to 3a special trade passenger he is not entitled to the supply of food by the master or owner or agent of the ship, subsection 1 shall, in the case of such passenger, have effect as if the reference to food in that subsection were omitted. 1. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f.. 2. subs. by s. 2, ibid., for unberthed passenger w.e.f. . 3. subs. by s. 2, ibid., for an unberthed passenger w.e.f. .

section 252. of the merchant shipping act : the master, owner or agent of 1a special trade passenger ship or a pilgrim ship shall not, otherwise than by reason of perils of the sea or other unavoidable accident, allow the ship to touch at any port or place in contravention of any express or implied contract or engagement with the 2special trade passengers or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public advertisement or otherwise. 1. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f.. 2. subs. by act 69 of , s. 2, for unberthed passengers w.e.f. .

section 250. of the merchant shipping act : 1 if any 1special trade passenger from a ship which is on a voyage from any port or place in india finds himself without any neglect or default of his own at any port or place outside india other than the port or place for which the ship was originally bound or at which he has contracted that he should land the indian consular officer at or near that port or place may forward the passenger to his intended destination, unless the master, owner or agent of the ship within fortyeight hours of the arrival of the passenger gives to that officer a written undertaking to forward the passenger within six weeks thereafter to his original destination and forwards him accordingly within that period. 2 a passenger so forwarded by or by the authority of an indian consular officer shall not be entitled to the return of his passage money or to any compensation for loss of passage. 1. subs. by s. 2, ibid., for unberthed passenger w.e.f. .

section 254., under section 253 to be admissible in evidence. of the merchant shipping act : in any proceeding for the adjudication of any penalty incurred under this part, any document purporting to be a report of such particulars as are referred to in subsection 1 of section 253, or a copy of the proceedings of any court of justice duly authenticated, and also any like document purporting to be made and signed by an indian consular officer shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this part is held. 1 1. the heading special provisions relating to unberthed passenger ships omitted by s. 8, ibid. w.e.f..

section 251. of the merchant shipping act : 1 all expenses incurred under section 250 by an indian consular officer in respect of the forwarding of a passenger to his destination including the cost of maintaining the passenger until forwarded to his destination shall be a debt due to the central government jointly and severally from the owner, charter, agent and master of the ship on board which the passenger had embarked. 2 in any proceeding for the recovery of that debt a certificate purporting to be under the hand of the indian consular officer and stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same were duly incurred.

section 256. of the merchant shipping act : 11 if any 2special trade passenger ship performing a voyage between ports or places in india takes additional 3special trade passengers on board at an intermediate port or place, the master shall obtain from the certifying officer 4or such other officer as the central government may appoint in this behalf at the port or place a supplementary certificate stating a the number of 3special trade passengers so taken on board and b that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 3special trade passengers on board during the voyage which the ship is to make including such detention in quarantine as may be probable according to the scale for the time being prescribed: provided that, if the certificate b held by the master of the ship states that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for her, have been placed on board, of the quality prescribed, properly packed and efficient to supply the full number of 3special trade passengers which she is capable of carrying, the master shall not be bound to obtain any such supplementary certificate, but shall obtain from the certifying officer an endorsement on the certificate b showing the number of passengers taken on board, and the number of passengers discharged, at that port or place. 32 in either of the following cases, namely: a if after a pilgrim ship has departed or proceeded on her voyage any additional pilgrims are taken on board at a port or place within india appointed under this part for the embarkation of pilgrims, or b if a pilgrim ship upon her voyage touches or arrives at any such port or place, having previously received on board additional pilgrims at any port or place outside india, the master shall obtain a fresh certificate b from the certifying officer or such other officer as the central government may appoint in this behalf at that port or place, and shall make an additional statement specifying the number and the respective sexes of all the additional pilgrims. 1. section 256 renumbered as subsection 1 thereof by act 69 of , s.10 w.e.f.. 2. subs. by s. 2, ibid., for unberthed passenger ship w.e.f. . 3. subs. by s. 2, ibid., for unberthed passengers w.e.f. . 4. ins. by s. 10, ibid. w.e.f. .

section 253. of the merchant shipping act : 1 the officer appointed by the central government in this behalf at any port or place within india at which 2a special trade passenger ship or a pilgrim ship touches or arrives, shall send any particulars which he may deem important respecting the 3special trade passenger ship or pilgrim ship, and the 1special trade passengers or pilgrims carried therein, to the officer at the port or place from which the ship commenced her voyage, and to the officer at any other port or place within india where the 1special trade passengers or pilgrims or any of them embarked or are to be discharged. 2 the officer aforesaid may go on board any ship referred to in subsection 1 and inspect her in order to ascertain whether the provisions of this act as to the number of 1special trade passengers or pilgrims and other matters have been complied with. 1. subs. by act 69 of , s. 2, for unberthed passengers w.e.f. . 2. subs. by s. 2, ibid., for an unberthed passenger ship w.e.f. . 3. subs. by s. 2, ibid., for unberthed passenger ship w.e.f. .

section 255., to be advertised. of the merchant shipping act : 1 the master, owner or agent of a 1a special trade passenger ship departing or proceeding from any port or place in india appointed in this behalf by the central government under subsection 1 of section 237 shall issue at such port or place in the prescribed manner an advertisement, containing the particulars required to be stated in the notice under subsection 1 of section 238 and such advertisement shall be issued before such reasonable and sufficient interval as may be prescribed before the date of sailing of any such ship from such port or place. 2 the central government may, by order in writing, exempt any class of ships from the operation of subsection 1. 23 the master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in india shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrim by such ship or selling or promising or permitting any person to sell a passenger ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this behalf hereinafter referred to as the pilgrim officer at the port or place from which the ship is to commence the voyage, and at each port or place in india at which she is to touch for the purpose of embarking pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class of passage tickets, the probable date on which the ship is to sail from that port or place, the ports, if any, at which she is to touch, the place of her destination, and the probable date of her arrival thereat. 4 the master, owner or agent of the ship shall supply to the pilgrim officer, within three days from the date of demand, such further information in regard to the matters mentioned in subsection 3 as that officer may in writing demand from him. 5 a the master, owner or agent of the ship shall advertise at such port or place and in such manner as may be prescribed i the place of destination of the ship, ii the price of each class of passage tickets which shall not be in excess of the price communicated to the pilgrim officer under subsection 3, and iii the provisional date of sailing from that port or place. b the master, owner or agent of the ship shall also advertise the final date of sailing not less than fifteen days before such date. 6 no master, owner or agent shall a without reasonable cause, the burden of proving which shall lie upon him, fail or refuse to supply any particulars or information which he is by or under this section required to supply or supply false particulars or information or b advertise any ship for the conveyance of pilgrims, or offer to convey pilgrims by any ship, or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by any ship, without having first supplied the particulars required by subsection 3 and in accordance with the provisions of that subsection 3 or c advertise a price for passage tickets at the port or place in excess of the price communicated to the pilgrim officer under subsection 3 or d offer to convey pilgrims by any ship from any port or place in india or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having advertised as required by clause a of subsection 5, the matters specified in that clause or e sell or permit any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the pilgrim officer under subsection 3. 1. subs. by s. 2, ibid., for an unberthed passenger ship w.e.f. . 2. ins. by s. 9, ibid. w.e.f. .

section 257. of the merchant shipping act : 1 the master of 1a special trade passenger ship departing or proceeding on a voyage from a port or place in india to a port or place outside india shall sign a statement in duplicate, specifying the number and the respective sexes of all the 2special trade passengers, and the number of the crew, and shall deliver both copies to the certifying officer, 3or such other officer as the central government may appoint in this behalf who shall thereupon, after having first satisfied himself that the entries are correct, countersign and return to the master one copy of the statement. 2 in either of the following cases, namely: a if after the ship has departed or proceeded on such a voyage any additional 2special trade passengers are taken on board at a port or place within india appointed under this part for the embarkation of 2special trade passengers or b if the ship upon her voyage touches or arrives at any such port or place, having previously received on board additional 2special trade passengers at any port or place outside india the master shall obtain a fresh certificate to the effect of certificate b from the certifying officer 4or such other officer as the central government may appoint in this behalf at that port or place, and shall make an additional statement specifying the number and the respective sexes of all the additional passengers. 43 the master of every pilgrim ship departing or proceeding from any port or place in india shall sign a statement in duplicate in the prescribed form specifying the total number of all the pilgrims embarked and the number of pilgrims of each sex embarked and the number of the crew and such other particulars as may be prescribed and shall deliver both copies to the certifying officer or such other officer as the central government may appoint in this behalf at the port or place and such officer shall thereupon, after having first satisfied himself that the entries are correct, countersign and return to the master one copy of the statement. 4 the master of every pilgrim ship arriving at any port or place in india at which it may be intended to discharge pilgrims, shall, before any pilgrims disembark, deliver a statement signed by him specifying the total number of all the pilgrims on board and the number of pilgrims of each sex and the number of the crew, and such other particulars as may be prescribed to the certifying officer or such other officer as the central government may appoint in this behalf at the port or place. 1. subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f. . 2. subs. by s. 2, ibid., for unberthed passenegers w.e.f. . 3. ins. by s. 11, ibid. w.e.f. . 4. ins. by s. 11, ibid. w.e.f. .

section 258. of the merchant shipping act : 258. death of 1 special trade passengers on voyage.1 the master of any 2special trade passenger ship performing a voyage between ports or places in india, shall, on arrival at her port of destination, notify to the certifying officer or such other officer as the central government may appoint in this behalf, the date and supposed cause of death of every 3special trade passenger who may die on the voyage. 2 the master of any 1special trade passenger ship performing a voyage between a port or place in india and a port or place outside india, shall note in writing on the statement or the additional statement referred to in section 257 the date and supposed cause of death of any 3special trade passengers who may die on the voyage, and shall, when the ship arrives at her port or place of destination or at any port or place where it may be intended to land 4special trade passengers, and before, any passenger leaves the ship, produce the statement with any additions made thereto a where such port or place is in india, to the certifying officer or such other officer as the central government may appoint in this behalf b where such port or place is outside india, to the indian consular officer. 53 the master of every pilgrim ship shall note in writing on the copy of the additional statement referred to in subsection 2 of section 256 or of the statement referred to in subsections 3 and 4 of section 257, the date and supposed cause of death of any pilgrim who may die on the voyage, and shall, when the pilgrim ship arrives at her port or place of destination or at any port or place where it may be intended to discharge pilgrims, and before any pilgrims disembark, produce the statement, with any additions made thereto, a where such port or place is in india, to the certifying officer or such other officer as the central government may appoint in this behalf b where such port or place is outside india, to the indian consular officer. 1. subs. by s. 2, ibid., for unberthed passenegers w.e.f. . 2. subs. by s. 2, ibid., for unberthed passenger ship w.e.f. . 3. subs. by s. 2, ibid., for unberthed passenger w.e.f. . 4. . subs. by act 69 of , s. 2, for unberthed passengers w.e.f. . 5. ins. by s. 13, ibid. w.e.f. .

section 261c. of the merchant shipping act : 1261c. airing space to be provided for passengers.every special trade passenger ship shall have reserved as airing space for the use of passengers on board, gratuitously by day and by night, so much of the upper deck as is not required for the airing space of the crew or for permanent structure: provided that the upper deck space so provided for passengers shall in no case be less than 0.37 square meter for each passenger. 1 . ins. by act 69 of , s. 14 w.e.f. .

section 259. of the merchant shipping act : 1 every ship carrying 1special trade passengers and crew not exceeding one thousand in number, shall have on board as part of her complement at least one medical officer possessing such qualification as may be prescribed. 2 every ship carrying 1special trade passengers and crew exceeding one thousand in number shall, in addition to a medical officer, have on board as part of her complement such number of medical attendants as may be prescribed. 3 every ship carrying 1special trade passengers shall be provided with a hospital with such medical stores and equipment as may be prescribed. 24a every pilgrim ship carrying pilgrims and crew not exceeding one thousand in number shall have on board a medical officer possessing such qualifications as may be prescribed, and, if the number of pilgrims and crew carried exceeds one thousand, a second medical officer similarly qualified and also in all cases such medical attendants as may be prescribed. b a medical officer of every pilgrim ship shall perform such duties and functions, keep such diaries and submit such reports or other returns as may be prescribed. c no medical officer or attendant on a pilgrim ship shall charge any pilgrim on such ship for his services. 1. subs. by act 69 of , s. 2, for unberthed passengers w.e.f. . 2. ins. by s. 13, ibid. w.e.f. .

section 260. of the merchant shipping act : no owner, agent or master of 1special trade passenger ship shall carry or cause to be carried from any port or place outside india to any port or place in india a number of passengers greater than a the number allowed for the ship by or under this part, or b the number allowed by the licence or certificate, if any, granted in respect of the ship at her port or place of departure, whichever number is less. 1. subs. by s. 2, ibid., for an unberthed passenger ship w.e.f. .

section 261a. of the merchant shipping act : 1261a. bunks to be provided for passengers.every special trade passenger ship making a voyage the duration of which, in ordinary circumstances, may extend to seventytwo hours or more shall provide for each passenger on board a bunk of the prescribed size and particulars. 1 . ins. by act 69 of , s. 14 w.e.f. .

section 261b. of the merchant shipping act : 1261b. space to be provided for passengers when bunks are not provided.every special trade passenger ship making a voyage the duration of which in ordinary circumstances may not extend to seventytwo hours shall provide space for each passenger at the prescribed scale. 1 . ins. by act 69 of , s. 14 w.e.f. .

section 261.. of the merchant shipping act : passenger welfare cess. rep. by the finance act, 28 of , s. 239 and the fifteenth schedule w.e.f. .

section 262. of the merchant shipping act : 262. power to make rules as to 1special trade passenger ships.the central government may, subject to the condition of previous publication, make rules to regulate, in the case of a 1special trade passenger ships or any class of such ships, all or any of the following matters, namely: a the classification of voyages with reference to the distance between the port of departure and the port of destination, the duration of the voyage, or any other consideration which the central government may think fit to take into account for the purpose b the seasons of fair weather and seasons of foul weather for purposes of any voyage c the space to be allowed for 2special trade passengers in respect of different classes of voyages and for seasons of fair and foul weather d the disallowance of any space considered unsuitable by the surveyor for the carriage of 2special trade passengers e the space to be set apart for alleyways, passages and the like f the provision of airing space for 2special trade passengers g the scale according to which dining rooms, latrines, wash places, baths, dressing rooms and other amenities are to be provided h the provision of separate accommodation for women and children i the prohibition or regulation of the carriage of cargo in any space reserved for passengers j where the deck on which 2special trade passengers are accommodated is not covered with wood, the nature of the sheathing to be provided in the space reserved for passengers k the disposal of baggage of passengers on board ship and the provisions of separate space in betweendecks for the storage of light baggage l the conditions under which passengers may be allowed to be carried in the upper deck in seasons of foul weather m the provision of bunks for 2special trade passengers or for any proportion of such passengers on any specified classes of voyages, and the size and other particulars relating to the bunks to be so provided n the scale on which food, fuel and water are to be supplied to passengers or to any class of passengers, and the quality of the food, fuel and water o the nature and extent of hospital accommodation and the medical stores and other appliances and fittings to be provided on board for maintaining health, cleanliness and decency p the licensing and appointment of medical officers and attendants in cases where they are required by this part to be carried q the boats, anchors and cables to be provided on board r the instruments for purposes of navigation to be supplied s the functions of the master, medical officer if any and other officers of the ship during the voyage t the access of betweendecks passengers to the upper deck u the local limits within which, and the time and mode at and in which, passengers are to be embarked or discharged at any port or place appointed under this part in that behalf v the time within which any ship of a specified class is to depart or proceed on her voyage after commencing to take passengers on board w the conditions under which livestock may be allowed to be carried x the licensing, supervision and control of persons engaged in assisting persons to obtain 3special trade passenger accommodation in ships departing or proceeding from any port or place in india and the prohibition of unlicensed persons from being so engaged 4 z generally to carry out the purposes of this part relating to special trade passenger ships. 5 1. subs. by s. 2, ibid., for unberthed passenger ships w.e.f. . 2. subs. by s. 2, ibid., for unberthed passengers w.e.f. . 3. subs. by act 69 of , s. 2, for unberthed passenger w.e.f. . 4. clause y repealed act 28 of , s. 239 and the fifteenth schedule w.e.f. . 5. the heading special provisions regarding pilgrim ships omitted by act 69 of , s. 15 w.e.f. .

section 263.. of the merchant shipping act : banks to be provided for pilgrims. omitted by the merchant shipping amendment act, 69 of , s. 15 w.e.f. .

section 270. of the merchant shipping act : 1 port clearance shall not be granted from any port in india to any pilgrim ship unless the master, owner or agent and two sureties resident in india have executed, in favour of the central government, a joint and several bond for the sum of ten thousand rupees or has given such other guarantee or security as may be acceptable to that government covering all voyages which may be made by the ship in the current pilgrim season, conditioned that a the master and medical officer shall comply with the provisions of this part and the rules made there under, and b the master, owner or agent shall pay any sum claimed by the central government under subsection 2 of section 277, 2 a bond, guarantee or security may be given under this section covering any or all of the pilgrim ships owned by one owner, and in such cases the amount of the bond, guarantee or security shall be ten thousand rupees for each ship covered.

section 264. of the merchant shipping act : 1264. hospital accommodation.every special trade passenger ship certified to carry more than one hundred passengers on a voyage the duration of which, in ordinary circumstances, may extend to fortyeight hours or more, shall provide on board a hospital offering such conditions relating to security, space, health and sanitation and capable of accommodating such proportion of the maximum number of passengers the ship is certified to carry, as may be prescribed. 1. subs. by s. 16, ibid., for section 264 w.e.f. .

section 265.. of the merchant shipping act : statements concerning pilgrims to be delivered before ship departs. omitted by the merchant shipping amendment act, 69 of , s. 17 w.e.f. .

section 266.. of the merchant shipping act : pilgrim ships taking additional pilgrims at intermediate places. omitted by the merchant shipping amendment act, 69 of , s. 17 w.e.f. .

section 271. of the merchant shipping act : 1 no pilgrim shall be received on board any pilgrim ship at any port or place in india unless and until he has been medically inspected, at such time and place, and in such manner, as the central government may fix in this behalf, nor until the certifying officer has given permission for the embarkation of pilgrims to commence. 2 the medical inspection of female pilgrims shall, subject to any rules which may be made under this act and as far as may be practicable, be carried out by women. 3 no pilgrim shall be received on board any pilgrim ship unless he produces the medical certificate signed by a person who is duly qualified to grant such certificate, showing that such pilgrim a has been inoculated against cholera within such period before the inspection, as may be prescribed and b has been vaccinated against smallpox within such period before the inspection as may be prescribed: provided that the officer making the inspection may dispense with the certificate of vaccination, if in his opinion the pilgrim has marks showing that he has had smallpox. 4 if, in the opinion of the officer making an inspection under this section, any pilgrim is suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, such pilgrim shall not be permitted to embark. 5 all articles which have been contaminated by persons suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or are suspected having been so contaminated shall, before being taken on board a pilgrim ship, be disinfected, under the supervision of a medical officer appointed by the central government for the purpose, in such manner as may be prescribed.

section 267.. of the merchant shipping act : particulars relating to deaths of pilgrims on voyage. omitted by the merchant shipping amendment act, 69 of , s. 17 w.e.f. .

section 268.. of the merchant shipping act : statement concerning pilgrims to be delivered before pilgrims disembark in india. omitted by the merchant shipping amendment act, 69 of , s. 17 w.e.f. .

section 269.. of the merchant shipping act : certain pilgrim ships to carry medical officers and attendants. omitted by the merchant shipping amendment act, 69 of , s. 17 w.e.f. .

section 272. of the merchant shipping act : 1 if in any case a pilgrim ship does not proceed on her voyage within fortyeight hours after all the pilgrims have been received on board, and there is reason to suspect that any person on board is suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, a medical inspection of all persons on board may be held in such manner as the central government may direct. 2 if on such inspection any person is found to be suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, he shall, together with all articles belonging to him, be at once removed from the ship.

section 273. of the merchant shipping act : no pilgrim shall be received on board any pilgrim ship at any port or place in india unless he a is in possession of a return ticket, or b has deposited with the officer authorised in this behalf by the central government such sum for the purpose of defraying the cost of a return ticket as that government may specify by notification in the official gazette: provided that the authorised officer may exempt any pilgrim from all or any of the aforesaid requirements, if he is satisfied that it is inexpedient, in the special circumstances of the case, to enforce them.

section 279. of the merchant shipping act : 1 if a pilgrim ship fails to proceed from any port or place on the date advertised under 1clause b of subsection 5 of section 255 as the final date of sailing there from, the master, owner or agent shall become liable to pay as compensation to each pilgrim who has paid his passage money on or before such date the sum of three rupees for each completed day during which the sailing of the ship is delayed after that date: provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owing to any cause not arising from the act or default of the master, owner or agent, and the burden of proving such cause shall lie on such master, owner or agent: provided further that where compensation has been paid or has become payable to any pilgrim in respect of delay in the sailing of the ship from any port or place and the sailing of the ship from any other port or place is thereafter delayed beyond the date advertised in that behalf, the pilgrim shall be entitled to compensation only in respect of any period by which the duration of such further delay exceeds the duration of the delay in respect of which he has already received or become entitled to compensation. 2 in the event of such failure the master, owner or agent shall be bound forthwith to inform the pilgrim officer at the port or place at which the delay occurs of the number of passage tickets of each class which have been issued for the voyage on or before the advertised final date of sailing. 3 any sum payable as compensation under subsection 1 shall be paid on behalf of the pilgrims entitled thereto to the pilgrim officer at the port or place at which the delay occurs on receipt by the master, owner or agent of a notice from that officer specifying the sum payable, and that officer shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect of his detention: provided that, if an objection is made by the master, owner or agent that the sum specified in any such notice or any part of such sum is not payable by him, the sum paid or, as the case may be, the balance thereof remaining after payment to the pilgrim entitled thereto of compensation the right to which is not in dispute, shall be held in deposit until the objection has been decided: provided further that, if for any reason the compensation due to any pilgrim cannot be paid to him at the time of embarkation or at or before the time of his disembarkation at the port of his destination, the sum so remaining unpaid shall be made over to such authority administering any fund maintained for the assistance of pilgrims as the central government may, by general or special order, designate in this behalf. 4 if the master, owner or agent objects that the sum specified in the notice issued under subsection 3 or any part thereof is not payable by him, he may, at the time of payment of such sum, give to the pilgrim officer notice of his objection, together with a statement of the grounds thereof, and the pilgrim officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sumheld in deposit under subsection 3, or refer the objection for decision to a 2metropolitan magistrate or a judicial magistrate of the first class exercising jurisdiction at the port or place at which the ship is delayed, whose decision on such reference shall be final and there shall be refunded to the master, owner or agent any amount allowed to him by such decision. 5 on the failure of any pilgrim ship to proceed from any port or place on the date advertised under 3clause b of subsection 5 of section 255 as the date of final sailing there from, the pilgrim officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port clearance to ships thereat, and such officer shall refuse port clearance to the pilgrim ship until the master, owner or agent produces to him a certificate of the pilgrim officer that all sums payable by way of compensation under this section up to the day on which the ship is to proceed have been paid. 1. subs. by act 69 of , s. 18, for clause b of subsection 3 of section 278 w.e.f. . 2. subs. by act 12 of , s. 17 and the schedule, for presidency magistrate or a magistrate of the first class w.e.f.. 3. subs. by act 69 of , s. 18, for clause b of subsection 3 of section 278 w.e.f. .

section 274. of the merchant shipping act : 1 every pilgrim travelling on a pilgrim ship shall be entitled, on payment of his passage money and fulfillment of other prescribed conditions, if any, to receive a ticket in the prescribed form, and shall be bound to produce it to such officers and on such occasions as may be prescribed and otherwise to deal with it in the prescribed manner: provided that no pilgrim, who has not been exempted under the proviso to section 273, shall be given a ticket other than a return ticket unless he has made the deposit required by that section. 2 any ticket issued to a pilgrim for a voyage on a pilgrim ship shall entitle him to receive food and water, on the scale and of the quality prescribed and medicines free of further charge, throughout the voyage.

section 280. of the merchant shipping act : notwithstanding anything contained in section 1255 or section 279 where any ship has been advertised under section 1255 for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised final date of sailing, the owner or agent may, with the permission in writing of the pilgrim officer, substitute for it any other ship which is capable of carrying not less than the same number of pilgrims of each class, and on such permission being given the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship. 1. subs. by s. 19, ibid., for 278 w.e.f..

section 281. of the merchant shipping act : the master of every pilgrim ship shall be bound to pay the whole amount of the sanitary taxes imposed by lawful authority at the ports visited and such amount shall be included in the cost of the tickets issued to the pilgrims.

section 275. of the merchant shipping act : 1 every pilgrim prevented from embarking under section 271, or removed from the ship under section 272, or otherwise prevented from proceeding shall be entitled to the refund of any passage money which he may have paid, and of any deposit which he may have made under section 273. 2 any pilgrim who, within one year of his sailing from india, satisfies the indian consular officer at jeddah that he intends to return to india by a route other than the route by which he came from india, shall be entitled to a refund of any deposit made by him under section 273, or, if he is in possession of a return ticket, to a refund of half the passage money paid by him. 3 where any pilgrim dies in the hedjaz or on the voyage thereto, any person nominated by him in this behalf in writing in the prescribed manner, or, if no person has been so nominated, the legal representative of the pilgrim, shall be entitled to a refund of any deposit made by the pilgrim under section 273, or, if the pilgrim was in possession of a return ticket, to a refund of half the passage money paid by him. 4 where any pilgrim fails to return to india from the hedjaz within one year of his sailing from india, or returns to india by a route other than the route by which he came from india, he or any person nominated by him in this behalf in writing in the prescribed manner shall be entitled to a refund of any deposit made by such pilgrim under section 273, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim, except where such deposit or passage money has already been refunded under this section. 5 refunds under this section of deposits shall be subject to such conditions and of passage money to such deductions and conditions as may be prescribed.

section 277. of the merchant shipping act : 1 the master, owner or agent of every pilgrim ship shall make all arrangements for ensuring the return of all pilgrims in possession of a return ticket issued in india who are carried to the hedjaz by such ship, within a period of ninety days after the haj day in a year: provided that, for the purpose of computing the said period of ninety days, no period shall be taken into account during which the ship is prevented from carrying pilgrims on the return passage by reason of the port of jeddah having been declared by proper authority to be infected or by reason of war, disturbance or any other clause not arising from any act or default of the master, owner or agent. 2 where any such pilgrim who has notified to the prescribed authority in the prescribed manner his desire to embark for the return voyage is, owing to his inability to obtain accommodation within the period of ninety days aforesaid in a ship for which the return ticket is available, detained at jeddah beyond the said period, the master, owner or agent of the ship in which such pilgrim was carried to the hedjaz shall pay to the central government in respect of such pilgrim such sum not exceeding double the sum received by the master, owner or agent in respect of the return ticket as the central government claims as the costs of repatriating the pilgrim, together with a sum of rupees five for each day after the expiry of the period aforesaid during which the pilgrim has been detained at jeddah. 3 a certificate of such detention purporting to be made and signed by the indian consular officer at jeddah shall be received in evidence in any court in india without proof of the signature or of the official character of the person who has signed the same.

section 276. of the merchant shipping act : if any pilgrim, a who is entitled to a refund of passage money under subsection 1 of section 275 does not claim such refund within the prescribed period, or b who has purchased a return ticket, does not on the basis of such ticket obtain a return passage from the hedjaz within the prescribed period and the value of the return half of such ticket has not been refunded under section 275, or c who is entitled under section 275 to a refund of any deposit made under section 273 does not claim such refund within the prescribed period, such passage money or value or deposit shall, subject to the exercise of the rights conferred by subsection 4 of section 275, be made over to such authority administering any fund maintained for the assistance of pilgrims as the central government may, by general or special order, designate in this behalf.

section 278.. of the merchant shipping act : notice of sailing of pilgrim ship. omitted by merchant shipping amendment act, 69 of , s.17 w.e.f..

section 283. of the merchant shipping act : show related subordinates 1the central government, if satisfied, a that the government of any country has accepted or denounced the load line convention or, as the case may be, the safety convention or b that the load line convention or, as the case may be, the safety convention extends, or has ceased to extend to any territory may, by notification in the official gazette, make a declaration to that effect. 2 1. the brackets and figure 1 omitted by act 25 of , s. 3 w.e.f.. 2. omitted by s. 3, ibid. w.e.f. .

section 286. of the merchant shipping act : show related subordinates 1 the owner or master of every ship and the owner or tindal of every sailing vessel to which section 285 applies shall obey the collision regulations, and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than those required by the said regulations. 2 if any damage to person or property arises from the nonobservance by any such ship or sailing vessel of any of the collision regulations, the damage shall be deemed to have been occasioned by the willful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary.

section 282. of the merchant shipping act : show related subordinates the central government may, subject to the condition of previous publication, make rules to regulate all or any of the following matters, namely: a the boats, anchors and cables to be provided on board pilgrim ships b the instruments to be supplied for purposes of navigation c the fittings and other appliances to be provided in the upper and between decks for the comfort and convenience of pilgrims d the scale on which, and the manner in which, cooked and uncooked food and water arc to be supplied to pilgrims, and the quality of such food and water e the kinds of food to be provided for pilgrims on payment, in addition to the food to be supplied in accordance with the rules made under clause d, and the charges which may be made for the same f the quality, quantity and storage of the cargo to be carried g the allotment of the upper deck space between the various classes of pilgrims h the distribution or disposal of the baggage of pilgrims on board ship i the nature and extent of the hospital accommodation and the medical stores, disinfectants, and other appliances and fittings to be provided on board free of charge to pilgrims for maintaining health, cleanliness and decency j the form of the statements to be furnished by the master under 1section 257 and the particulars to be entered therein k the appointment of medical officers, and other attendants in cases where they are required by the provisions of this part relating to pilgrim ships to be carried, and the diaries, reports and other returns to be kept or submitted by such medical officers l the manner in which contaminated articles shall be disinfected before being taken on board a pilgrim ship m the manner in which, and the persons by whom, the medical inspection of women shall be carried out n the manner in which deposits shall be made for the purposes of section 273, and any matter in respect of which provision is, in the opinion of the central government, necessary or expedient for the purpose of giving effect to the provisions of that section o the manner in which provisional bookings may be made, the acceptance of deposits for such bookings and the forfeiture of any part of the deposit in cases in which any such bookings are cancelled p the supply of tickets to intending pilgrims, the form of such tickets and the conditions and other matters to be specified thereon, and the amount of the sanitary taxes to be included in the cost thereof q the refund of passage money and deposits under section 275 and the manner in which persons shall be nominated under that section for the purpose of entitling them to a refund r the period after which unclaimed passage money and deposits liable to be refunded shall be disposed of in the manner specified in section 276 s the manner in which the dates of sailing shall be advertised under 2section 255 the appointment of pilgrim officers for the purposes of that section and sections 279 and 280 the manner in which payment shall be made under section 279 to pilgrims and to the pilgrim officer and the procedure to be followed by masters, owners or agents and by pilgrim officers and 3metropolitan magistrates or judicial magistrates of the first class, as the case may be in proceedings under that section t the functions of the master, medical officer and other ships officers during the voyage u the local limits within which, and the time and mode at and in which, pilgrims shall be embarked or discharged at any port or place appointed under this part in that behalf v the time within which a pilgrim ship shall depart or proceed on her voyage after commencing to take pilgrims on board w providing that a pilgrim shall not be received on board any pilgrim ship, unless he is in possession of a passport or a pilgrims pass regulating the issue of pilgrims passes and prescribing the form of and fees which may be charged for such passes 4 5ww the fees that may be levied for the survey or inspection of pilgrim ships with respect to sanitary conditions, provision of stores, medical facilities available on such ships and such other purposes that may be relevant for compliance with the provisions of this part relating to pilgrim ships and the manner in which such fees may be collected x generally, to carry out the provisions of this part relating to pilgrim ships. 1. subs. by act 69 of , s. 20, for sections 265 and 268 w.e.f.. 2. subs. by s. 20, ibid., for section 278 w.e.f.. 3. subs. by act 12 of , s. 17 and the schedule, for magistrates w.e.f. . 4. the word and omitted by act 12 of , s. 8 w.e.f. . 5. ins. by s. 8, ibid. w.e.f. .

section 284. of the merchant shipping act : show related subordinates 1 the central government may make rules in this act called the construction rules, prescribing the requirements that the hull, equipment and machinery of indian 1passenger or cargo ships shall comply with. 2 the rules made under subsection 1 shall include such requirements as appear to the central government to implement the provisions of the safety convention prescribing the requirements that the hull, equipment and machinery of 1passenger or cargo ships shall comply with, except so far as those provisions are implemented by the rules for life saving appliances, the radio rules, the rules for direction finders or the collision regulations . 2provided that different requirements may be specified for special trade passenger ships 3 the powers conferred on the central government by this section shall be in addition to the powers conferred by any other provision enabling it to prescribe the requirements that 3passenger or cargo ships shall comply with. 1. subs. by act 21 of , s. 7, for passenger ships w.e.f. . 2. ins. by act 69 of , s. 21 w.e.f. . 3. subs. by act 21 of , s. 7, for passenger ships w.e.f. .

section 285. of the merchant shipping act : show related subordinates 1 the central government may make regulations for the prevention of collisions at sea and may thereby regulate the lights and shapes to be carried and exhibited, the fog and distress signals to be carried and used, and the steering and sailing rules to be observed by indian ships and sailing vessels registered in india. 2 the collision regulations, together with the provisions of this part relating thereto or otherwise relating to collisions, shall be observed by all foreign ships and sailing vessels within indian jurisdiction, and in any case arising in any court in india concerning matters arising within indian jurisdiction, such ships and sailing vessels shall, so far as respects the collision regulations and the said provisions of this act, be treated as if they were indian ships or sailing vessels registered in india, as the case may be.

section 283a. of the merchant shipping act : 1283a. definitions.1 in this part, unless the context otherwise requires, a existing ship or existing vessel means a ship or vessel which is not a new ship or a new vessel, b new ship or new vessel means a ship or vessel whose keel is laid or which is at a similar stage of construction on or after the material date as defined in subsection 2. 2 for the purposes of subsection 1 material date i in relation to an indian ship, means the 21st july, ii in relation to a foreign ship belonging to a country to which the load line convention applies, means the date as from which it is declared under section 283 that the government of such country has accepted the load line convention or, as the case may be, that the said convention has been applied to such country. 1. ins. by s. 4, ibid. w.e.f..

section 294. of the merchant shipping act : 1 a radio inspector may inspect any ship for the purpose of seeing that she is properly provided with a radio telegraph or radio telephone installation and certificated operators in conformity with this part, and for this purpose may go on board any ship at all reasonable times and do all things necessary for the proper inspection of the ship for the purpose of the provisions of this part relating to radio telegraphy or radio telephony and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for that purpose, including the production of any certificate granted under this part in respect of the installation, and of the certificates of the operators on the ship : provided that if a valid safety convention certificate is produced in respect of any ship other than an indian ship, the inspection shall be limited to seeing that the ship is provided with a radio telegraph or radio telephone installation and that the number of certified operators corresponds substantially with the particulars stated in the certificate. 2 if a radio inspector finds that a ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same. 3 every notice given under subsection 2 shall be communicated in the prescribed manner to the customs collector of any port at which the ship may seek to obtain port clearance who shall order that the ship shall be detained until a certificate under the hand of a radio inspector is produced to the effect that the ship is properly provided with a radio telegraph or radio telephone installation and certified operators in conformity with this part.

section 287. of the merchant shipping act : show related subordinates 1 the central government may appoint persons to inspect in any port ships or sailing vessels to which the collision regulations apply, for the purpose of seeing that such ships or sailing vessels are properly provided with lights and shapes and with the means of making fog and distress signals, in pursuance of such regulations. 2 if an inspector appointed under subsection 1 finds that any ship or sailing vessel is not so provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy the same. 3 every notice so given shall be communicated in the prescribed manner to the customs collector at any port from which such ship or sailing vessel may seek to clear and no customs collector to whom such communication is made shall grant such ship a port clearance or allow her to proceed to sea without a certificate under the hand of some person appointed as aforesaid, to the effect that the said ship or sailing vessel is properly provided with lights and shapes and with the means of making fog and distress signals in pursuance of the said regulations.

section 293. of the merchant shipping act : 1 every ship compulsorily equipped under the provisions of section 291 with a radio telegraph or radio telephone installation shall maintain in the radio telegraph or radio telephone room a radio log in which shall be entered such particulars relating to the operation of the radio telegraph or radio telephone installation and as to the maintenance of the radio telegraph or radio telephone service as may be prescribed. 2 the provisions of section 215 shall apply to the radio log kept under this section as if it were an official log.

section 289. of the merchant shipping act : show related subordinates the central government may make rules prescribing the methods to be carried and the appliances to be carried by every indian ship going to sea from any port or place in india for the prevention, detection and extinction of fire on the ship hereinafter referred to as fire appliances.

section 288. of the merchant shipping act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules prescribing the life saving appliances to be carried by every indian ship going to sea from any port or place in india. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely: a the arranging of ships into classes, having regard to the services in which they are employed, the nature and duration of the voyage and the number of persons carried b the number, description and mode of construction of the boats, liferafts, line throwing appliances, lifejackets and lifebuoys to be carried by ships according to the classes in which the ships are arranged c the equipment to be carried by any such boats and rafts and the method to be provided to get the boats and other life saving appliances into the water, including oil for use in stormy weather d the provision in ships of a proper supply of lights inextinguishable in water and fitted for attachment to lifebuoys e the quantity, quality and description of buoyant apparatus to be carried on board ships either in addition to or in substitution for boats, liferafts, lifejackets and lifebuoys f the position and means of securing the boats, liferafts, lifejackets, lifebuoys and buoyant apparatus g the marking of boats, liferafts, and buoyant apparatus so as to show their dimensions and the number of persons authorised to be carried on them h the meaning of lifeboats and the qualifications and certificates of lifeboatmen 1hh the training of crew in launching and using liferafts i the provision to be made for mustering the persons on board and for embarking them in the 2boats or rafts including provision for the lighting of, and the means of ingress to and egress from, different parts of the ship j the provision of suitable means situated outside the engine room whereby any discharge of water into the 2boats or rafts can be prevented k the assignment of specific duties to each member of the crew in case of emergency l the manner in which a notice given under section 287 or section 290 shall be communicated to the customs collector m the practice in ships of boat drills, and fire drills n the provision in ships of means of making effective distress signals by day and by night o the provision in ships, engaged on voyages in which pilots are likely to be embarked, of suitable pilot ladders and of ropes, lights and other appliances designed to make the use of such ladders safe p the periodical examination of any appliances or equipment required by any rules made under this act to be carried by ships and q the fees to be charged for the grant of any certificate under subsection 3 of section 290. 1. ins. by act 21 of , s. 8 w.e.f. . 2. subs. by s. 8, ibid., for boats w.e.f. .

section 290. of the merchant shipping act : show related subordinates 1 a surveyor may, at any reasonable time, inspect any ship for the purpose of seeing that she is properly provided with life saving and fire appliances in conformity with the rules made under this act. 2 if the said surveyor finds that the ship is not so provided he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same. 3 every notice so given shall be communicated in the prescribed manner to the customs collector of any port at which the ship may seek to obtain a clearance and the ship shall be detained until a certificate signed by such surveyor is produced to the effect that the ship is properly provided with life saving and fire appliances in conformity with the said rules.

section 296. of the merchant shipping act : show related subordinates 1 the central government may make rules to carry out the purposes of this part relating to radio telegraphy or radio telephony, 1or radio direction finders. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the nature of the radio telegraph or radio telephone installation and radio direction finding apparatus to be provided and of the service to be maintained, the form of the radio log and the particulars to be entered therein, and the number, grades and qualifications of certified operators to be carried 1aa the nature of radio telegraph installation to be provided on motor lifeboats and survival craft. b the manner in which a notice given under section 294 shall be communicated to the customs collector. c the charging of fees for the grant of the certificate referred to in subsection 3 of section 294, the amount of such fees and the manner in which they shall be recoverable. 1. ins. by s. 12, ibid. w.e.f. .

section 292. of the merchant shipping act : 11 every indian ship of sixteen hundred tons gross or more shall be provided with a radio direction finder of the prescribed description. 22 the central government may, by order in writing and subject to such conditions and restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from the obligation imposed by subsection 1, if that government is satisfied, having regard to the area or areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance would be unreasonable or unnecessary. 1. section 292 renumbered as subsection 1 of that section by s. 10, ibid. w.e.f. . 2. ins. by s. 10, ibid. w.e.f. .

section 295. of the merchant shipping act : the provisions of this part relating to radio telegraphy, radio telephony and direction finders shall apply to ships other than indian ships while they are within any port in india in like manner as they apply to indian ships.

section 291. of the merchant shipping act : show related subordinates 11 every indian passenger ship and every indian cargo ship of three hundred tons gross tonnage or more, shall in accordance with the rules made under section 296, be provided with a radio installation and shall maintain a radio telegraph service or a radio telephone service of the prescribed nature and shall be provided with such certificated operators as may be prescribed. 2 the radio installation required under the said rules to be provided for a passenger ship or for 2any cargo ship of sixteen hundred tons gross or more shall be a radio telegraph installation and that required to be provided for a cargo ship of less than sixteen hundred tons gross shall be either a radio telegraph installation or a radiotelephone installation at the option of the owners. 33 the central government may, having regard to the length of the voyage or voyages on which a ship or a class of ships is engaged and the maximum distance of such ship or class of ships will be from the shore during such voyage or voyages, exempt, by order in writing and subject to such conditions and restrictions as may be specified therein, any ship or class of ships from compliance with all or any of the obligations imposed by or under this section if that government is satisfied that such compliance would be unreasonable or unnecessary: provided that an exemption from the obligation to provide with radio telegraph installation in respect of any passenger ship or in respect of any cargo ship of sixteen hundred tons gross tonnage or more shall be subject to the condition that she shall have on board a radiotelephone installation : provided further that no exemption shall be granted under this section, if it will have an adverse effect on the general efficiency of the distress service for the safety of ships. 1. subs. by act 21 of , s. 9, for subsection 1 w.e.f. . 2. subs. by s. 9, ibid., for any other ship of sixteen hundred tons gross or more shall be a radio telegraph installation and that required to be provided for a ship of less than sixteen hundred tons gross, other than a passenger ship w.e.f. . 3. ins. by s. 9, ibid. w.e.f. .

section 297. of the merchant shipping act : every indian ship exceeding one hundred and fifty tons gross shall, when proceeding to sea from any port or place in india to any port or place outside india, be provided with a 1signalling lamp which shall not be solely dependent upon the ships main source of electrical power and which shall be of the type approvedby the central government. 1. subs. by s. 13, ibid., for signalling lamp of the type approved w.e.f. .

section 298. of the merchant shipping act : show related subordinates 1 there shall be carried on board every indian ship whose keel was laid after the 15th day of june, , such information in writing 1as is necessary to enable the master by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying conditions of service. 22 the information shall be in such form as may be approved by the central government which may approve the provision of the information in the form of a diagram or drawing only and shall be suitably amended whenever any alterations are made to the ship so as to materially affect such information. 2a the information shall be based on the determination of the ships stability by means of an inclining test of the ship and any amendment thereto shall be effected, if necessary, after reinclining the ship: provided that the central government may, by a general or special order a in the case of any ship, allow the information or an amendment thereto to be based on a similar determination of the stability of a sistership b in the case of a ship specially designed for the carriage of liquids or ore in bulk, or of any class of such ships, dispense with such tests if it is satisfied from the information available in respect of similar ship that the ships proportions and arrangements are such as to ensure more than sufficient stability in all probable loading conditions. 3 when any information 3including any amendment thereto under this section is provided for any ship, the owner shall send a copy thereof to the directorgeneral. 4 it is hereby declared that for the purpose of section 208 which requires documents relating to navigation to be delivered by the master of a ship to his successor information 3including any amendment thereto under this section shall be deemed to be a document relating to the navigation of the ship. 1. subs. by act 21 of , s. 14, for about the ships stability as is necessary for the guidance of the master in loading and ballasting the ship w.e.f. . 2. subs. by s. 14, ibid., for subsection 2 w.e.f. . 3. ins. by s. 14, ibid. w.e.f. .

section 302. of the merchant shipping act : the owner or master of an indian ship which is exempt from any of the provisions of the construction rules or of this act and the rules made thereunder relating to life saving and fire appliances and radio telegraphy or radio telephony installation shall, on application to the officer appointed in this behalf by the central government receive from such officer a certificate in the prescribed form to be called an exemption certificate.

section 299. of the merchant shipping act : 1 where, on receipt of a declaration of survey granted under part viii in respect of passenger ship, the central government is satisfied that the ship complies with the construction rules and with the provisions of this act and the rules made there under relating to life saving and fire appliances and 1radio installation applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the central government may issue in respect of the ship a certificate in the prescribed form to be called a 2passenger ship safety certificate. 2 where on receipt of a declaration of survey granted under part viii in respect of a passenger ship the central government is satisfied that there is in force in respect of the ship an exemption certificate granted under section 302 and that the ship complies with all the requirements referred to in subsection 1 other than those from which the ship is exempt under that certificate, the central government may issue in respect of the ship a certificate in the prescribed form to be called a 3qualified passenger ship safety certificate. 43 where on receipt of a declaration of survey granted under part viii in respect of a special trade passenger ship 5, the central government is satisfied that the ship complies with the provisions of this act and the rules made there under relating to construction, life saving appliances and space requirements, it may in addition to the certificates referred to in subsections 1 and 2, issue in respect of the ship a special trade passenger ship safety certificate and a special trade passenger ship space certificate. 64 the certificates issued under subsections 1 and 2, subsections 1 and 2 of section 300 and section 301 shall be supplemented by a record of equipment in the prescribed form. 1. subs. by act 63 of , s. 8, for radio telegraphy or radio telephony installation and radio direction finder w.e.f.. 2. subs. by act 21 of , s. 15, for safety certificate w.e.f. . 3. subs. by s. 15, ibid., for qualified safety certificate, w.e.f. . 4. ins. by act 69 of , s. 22 w.e.f.. 5.the words or a pilgrim ship omitted by act 63 of , s. 8 w.e.f. . 6. ins. by s. 8, ibid. w.e.f. .

section 299b. of the merchant shipping act : 11299b. power to make rules.the central government may, subject to the condition of previous publication, make rules to regulate the making of surveys of cargo ships under this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the times and places at which, and the manner in which, surveys arc to be made b the requirements as to construction, machinery, equipment and marking of subdivision loadlines which are to be fulfilled by cargo ships generally or by any class of cargo ships in particular c the duties of the surveyor making a survey d the rates according to which the fees payable in respect of surveys are to be calculated in the case of all or any of the places or ports of survey e the closing of and keeping closed, the openings in ships hulls and any watertight bulkheads f the securing of and keeping in place, and the inspection of, contrivances for closing any such openings as aforesaid g the operation of mechanisms of contrivances for closing any such openings as aforesaid and the drills in connection with the operation thereof and h the entries to be made in the official log book or other record to be kept of any of the matters aforesaid. 1. ins. by act 21 of , s. 16 w.e.f. .

section 300. of the merchant shipping act : show related subordinates 1300. cargo ship safety equipment and cargo ship equipment certificates for ships other then passenger ships.1 where in respect of an indian cargo ship the central government or any person authorised by it in this behalf is satisfied that the ship complies with the provisions of this act and the rules made thereunder relating to life saving and fire appliances applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, that government or the authorised person may issue in respect of the ship a if the ship is of five hundred tons gross or more and performs international voyages, a certificate in the prescribed form to be called a cargo ship safety equipment certificate b in other cases, a certificate in the prescribed form to be called a cargo ship equipment certificate. 2 where, in respect of a ship referred to in subsection 1, there is in force an exemption certificate granted under section 302 and the central government or any person authorised by it in this behalf is satisfied that the ship complies with all the requirements referred to in that subsection, other than, those from which the ship is exempt under that certificate, that government or the authorised person may issue a certificate in the prescribed form to be called a qualified cargo ship safety equipment certificate or a qualified cargo ship equipment certificate, as the case may be. 1. subs. by act 63 of , s. 10, for section 300 w.e.f. .

section 299a. of the merchant shipping act : show related subordinates 1299a. safety construction certificates and construction certificates for cargo ships.1 where in respect of any indian cargo ship 2 3the central government or any person authorised by by it in this behalf is satisfied that the ship has been surveyed in the manner prescribed under section 299b and that she complies with the construction rules made under section 284, 3that government or the authorised person may issue in respect of the ship a 4if the ship is of five hundred tons gross or more and performs international voyages, a certificate in the prescribed form to be called a cargo ship safety construction certificate b in other cases, a certificate in the prescribed form, to be called a cargo ship construction certificate. 2 where in respect of any such ship as is referred to in subsection 1 there is no force an exemption certificate granted under section and the central government or any person authorised by it in this behalf is satisfied that the ship complies with all the requirements referred to in that subsection other than those from which the ship is exempt under that certificate, the 3that government or the authorised person may issue in respect of the ship a certificate in the prescribed form to be called a qualified cargo ship safety construction certificate or a qualified cargo ship construction certificate. 63 the owner of every ship in respect of which a certificate is issued under subsection 1 or subsection 2, subsection 1 or subsection 2 of section 300 or section 301 shall, so long as the certificate remains in force, cause the ship to be surveyed in the manner as specified in the safety convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be. 1. ins. by act 21 of , s. 16 w.e.f. . 2. the words of five hundred tons gross or more omitted by act 41 of , s. 18 w.e.f. . 3. subs. by act 63 of , s. 9, for the central government w.e.f. . 4. subs. by act 41 of , s. 18, for if the ship performs international voyages w.e.f. . 5. subs. by act 63 of , s. 9, for of the act and the central government w.e.f. . 6. ins. by s. 9, ibid. w.e.f. .

section 301. of the merchant shipping act : show related subordinates 1301. cargo ship safety radio certificate and qualified cargo ship safety radio certificate, etc.the owner or master of any indian cargo ship, which is required by the provisions of section 291 to be provided with a radio installation shall, if the central government or any person authorised by it in this behalf is satisfied that the ship complies with all the provisions of this act and the rules made thereunder relating to radio installation applicable to such ship, receive a in the case of a ship of three hundred tons gross or more, a certificate in the prescribed form to be called a cargo ship safety radio certificate b in the case of a ship of three hundred tons gross or more but less than three thousand tons gross performing voyages only between ports or places in india, a certificate in the prescribed form to be called a qualified cargo ship safety radio certificate and c in other cases, a certificate in the prescribed form to be called a cargo ship radio certificate. 1. subs. by s. 11, ibid., for section 301 w.e.f. . notifications yeardescriptionfiles authorisation of the classification societies specified as surveyors s.o. 769e s.o. 640e

section 304. of the merchant shipping act : 1 if an indian ship in respect of which 1a passenger ship safety certificate 2or a special trade passenger ship safety certificate issued under section 299 is in force has on board in the course of a particular voyage a total number of persons less than the number stated in the certificate to be the number for which the life saving appliances on the ship provide, the owner or master of the ship may obtain from the authority issuing the certificate, or any person, authorised by the authority for the purpose, a memorandum to be attached to the certificate stating the total number of persons carried on the ship on that voyage, and the modifications which may be made for the purpose of that voyage in the particulars with respect to life saving appliances stated in the certificate. 2 where a valid 3passenger ship safety certificate or special trade passenger ship safety certificate is produced in respect of a passenger ship other than an indian ship and there is attached to the certificate a memorandum which a has been issued by or under the authority of the government of the country in which the ship is registered, and b modifies for me purpose of any particular voyage, in view of the number of persons actually carried on that voyage, the particulars stated in the certificate with respect to life saving appliances, the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum 1. subs. by act 21 of , s. 20, for a safety certificate w.e.f. . 2. ins. by act 69 of , s. 23 w.e.f. . 3. subs. by s. 23, ibid., for safety convention certificate w.e.f. .

section 303. of the merchant shipping act : 1303. duration of certificates.1 a passenger ship safety certificate, a qualified passenger ship safety certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate issued under this part shall be in force for a period of twelve months from the date of its issue or for such shorter period as may be specified in the certificate. 2 a cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a cargo ship equipment certificate, a qualified cargo ship equipment certificate, a cargo ship safety construction certificate, a qualified cargo ship safety construction certificate, a cargo ship construction certificate, a qualified cargo ship construction certificate, a cargo ship safety radio certificate, a qualified cargo ship safety radio certificate and a cargo ship radio certificate issued under this part shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate. 3 an exemption certificate issued under section 302 shall be in force for the period for which the certificate to which it relates remains in force or for such shorter period as may be specified in the exemption certificate. 4 notwithstanding the requirements of subsections 1, 2 and 3 when the survey is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of the survey, a for a passenger ship, a date not exceeding twelve months and b for a cargo ship, a date not exceeding five years, from the date of expiry of the existing certificate. 5 the central government or any person authorised by it in this behalf may grant an extension of any certificate issued under this part in respect of an indian ship a where the ship is not in a port in which it is to be surveyed, on the date when the certificate would, but for the extension, have expired, for such period not exceeding three months from the said date as may be sufficient to enable the ship to complete its voyage to the port in which it is to be surveyed b where the ship is engaged on a short voyage and whose certificate has not been extended under clause a, for a period up to one month from the date when the certificate would have expired: provided that any extension granted under clause a shall cease to be operative upon the ships arrival at the port referred to in that clause: provided further that no extension shall be granted under clause b in respect of a certificate extended under clause a. 6 where an existing certificate of a ship has been extended under subsection 5 and when survey is completed, the new certificate shall be valid up to, a for a passenger ship, a date not exceeding twelve months or b for a cargo ship, a date not exceeding five years, from the date of expiry of the existing certificate. 7 in special circumstances where the central government so determines, a new certificate, need not be dated from the date of expiry of the existing certificate, shall be valid up to, a for a passenger ship, a date not exceeding twelve months b for a cargo ship, a date not exceeding five years, from the date of completion of the survey. 8 where a certificate referred to in subsection 2 is issued for a period of less than five years, the central government or any person authorised by it in this behalf may extend the validity of the certificate beyond the expiry date to the maximum period specified in subsection 2 if appropriate surveys, applicable when a certificate is issued for a period of five years, are carried out. 9 if a survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the central government or any person authorised by it in this behalf may endorse the existing certificate and such certificate shall be in force for a further period which shall not exceed five months from the expiry date of the existing certificate. 10 if annual, intermediate or periodical surveys in the manner as specified in the safety convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be, are completed before the period stipulated therefore, then a the anniversary date mentioned on the relevant certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed b the subsequent surveys shall be completed at the stipulated intervals using the new anniversary date so endorsed c the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as the case may be, are carried out so that the maximum stipulated intervals between the surveys are not exceeded. 11 a certificate issued under section 299a, section 300 or section 301 shall cease to be valid, a if the relevant surveys specified in the safety convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be, are not completed within the stipulated period b if the certificate is not endorsed or c if the ship ceases to be an indian ship. 1. subs. by act 63 of , s. 12, for section 303 w.e.f. .

section 305. of the merchant shipping act : a valid safety convention certificate issued in respect of a ship other than an indian ship by the government of the country to which the ship belongs shall, subject to such rules as the central government may make in this behalf, have the same effect in india as the corresponding certificate issued in respect of an indian ship under this part.

section 311. of the merchant shipping act : the central government may, subject to the condition of previous publication, make rules hereafter in this act referred to as the load line rules regulating the survey of ships for the purpose of assignment and marking of load lines and prescribing the conditions hereafter in this act referred to as the conditions of assignment on which load lines may be assigned.

section 306. of the merchant shipping act : 1 the central government may, at the request of the government of a country to which the safety convention applies, cause an appropriate safety convention certificate to be issued in respect of a ship 1registered or to be registered in that country, if it is satisfied in like manner as in the case of an indian ship that such certificate can properly be issued, and, where a certificate is issued at such a request, it shall contain a statement that it has been so is issued. 2 the central government may request the government of a country to which the safety convention applies, to issue an appropriate safety convention certificate 2in respect of a ship registered or to be registered in india and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purpose of this act as if it had been issued by the central government. 1. subs. by act 21 of , s. 21, for registered w.e.f. . 2. subs. by s. 21, ibid., for in respect of an indian ship w.e.f. .

section 307. of the merchant shipping act : show related subordinates 11 no indian passenger ship shall proceed on a voyage from any port or place in india to any port or place out side india a if the ship is a ship, other than a special trade passenger ship, unless there is in force in respect of the ship either i a passenger ship safety certificate issued under section 299 or ii a qualified passenger ship safety certificate issued under section 299 and an exemption certificate issued under section 302 b if the ship is a special trade passenger ship, unless there is in force in respect of the ship the certificate referred to in subclause i of clause a or the certificates referred to in subclause ii of that clause and a special trade passenger ship safety certificate and a special trade passenger ship space certificate, being in each case a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. 2 no seagoing 2indian cargo ship, of five hundred tons gross or more, shall proceed on a voyage from any place in india to any place outside india unless there is in force in respect of the ship a such certificate or certificates as would be required in her case by the provisions of subsection 1 if she were a passenger ship, or 3b a cargo ship safety construction certificate issued under section 299a, a cargo ship safety equipment certificate issued under section 300 and a cargo ship safety 4radio certificate issued under section 301, or c a 5qualified cargo safety equipment certificate issued under section 300 and an exemption certificate issued under section 302 being certificates which by the terms thereof are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. 62a no seagoing indian cargo ship, less than five hundred tons gross, shall proceed on a voyage from any port or place in india to any port or place in india or to any port or place outside india unless there is in force in respect of the ship a cargo ship construction certificate issued under section 299a and a cargo ship equipment certificate issued under section 300 and, i a cargo ship safety radio certificate if the ship is three hundred tons gross or more ii a qualified cargo ship safety radio certificate if the ship is operating within ports or places in india and is of three hundred to five hundred tons gross or iii a cargo ship radio certificate if the ship is less than three hundred tons gross, issued under section 301. 3 no seagoing 7indian cargo ship of the five hundred tons gross or more, shall proceed on a voyage between ports or places in india unless there is in force in respect of the ship a 8a cargo ship 9safety construction certificate or cargo ship construction certificate issued under section 299a b a 10cargo ship equipment certificate or a 11qualified cargo ship equipment certificate issued under section 300 and an exemption certificate issued under section 302 c a 12cargo ship 13safety radio certificate or a qualified cargo ship safety radio certificate, if the ship operates between ports or places in india and is between five hundred to three thousand tons gross issued under section 301 or an exemption certificate issued under section 302 being a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. 4 the master of every ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced. 1. subs. by act 69 of , s. 24, for subsection 1 w.e.f. . 2. subs. by act 21 of , s. 22, for indian ship of five hundred tons gross or more, not being a passenger ship w.e.f. . 3. subs. by s. 22, ibid., for clause b w.e.f. . 4. subs. by act 63 of , s. 13, for radio telegraphy certificate or a cargo ship safety radio telephony certificate w.e.f. . 5. subs. by act 21 of , s. 22, for qualified safety equipment certificate w.e.f. . 6. subs. by act 63 of , s 13, for subsection 2a w.e.f. . 7. subs. by act 21 of , s. 22, for indian ship of five hundred tons gross or more, not being a passenger ship, w.e.f. . 8. subs. by s. 22, ibid., for an equipment certificate w.e.f. . 9. subs. by act 63 of , s. 13, for equipment certificate issued under, section 300 w.e.f. . 10. ins. by s. 13, ibid. w.e.f. . 11. subs. by act 21 of , s. 22, for qualified equipment certificate w.e.f. . 12. ins. by s. 22, ibid. w.e.f. . 13. subs. by act 63 of , s. 22, for radio telegraphy certificate or a cargo ship radio telephony certificate w.e.f. .

section 309. of the merchant shipping act : the provisions of sections 228 to 231 inclusive shall apply to and in relation to every certificate issued by the central government under sections 299, 1299a, 300, 301 and 302 in the same manner as they apply to and in relation to a certificate of survey. 1. ins. by s. 24, ibid. w.e.f. .

section 308. of the merchant shipping act : 1 the master of 1every ship, being a passenger ship or being a cargo ship of three hundred tons gross or more, belonging to a country to which the safety convention applies, shall produce a valid safety convention certificate to the customs collector from whom a clearance for the ship is demanded in respect of a voyage from a port or place in india to a port or place outside india and a clearance shall not be granted and the ship may be detained until such a certificate is so produced. 2 where a valid safety convention certificate is produced in respect of a ship, 2 the ship, not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate. 33 nothing in this section shall apply in respect of an indian ship or a nuclear ship 1. subs. by act 21 of , s. 23, for every ship other than an indian ship being a passenger ship of five hundred tons gross or more w.e.f. . 2. the words other than an indian ship omitted by s. 23, ibid. w.e.f. . 3. ins. by act 21 of , s. 23 w.e.f. .

section 309a. of the merchant shipping act : 1309a. alterations pending issue of a safely convention certificate.where any survey of a ship for the purpose of issue under this part of a safety convention certificate has been completed, then, notwithstanding anything contained in this act, the owner, agent or master of the ship shall not, until such certificate has been issued, make, or cause to be made, any alteration in the structural arrangements, machinery, equipment and other matters covered by the survey without the prior written permission of the central government or a person appointed by that government in this behalf. 1. ins. by s. 25, ibid. w.e.f..

section 312a. of the merchant shipping act : 1312a. alterations after survey.where any survey under this part of a ship for the purpose of assignment and marking of load lines has been completed then, notwithstanding anything contained in this act, the owner, agent or master of the ship shall not make or cause to be made any alteration in the structure, equipment, arrangements, material or scantlings covered by the survey without the prior written permission of the central government or a person authorised by that government in this behalf. 1. ins. by s.7, ibid. w.e.f. .

section 312. of the merchant shipping act : 1 no indian ship, being a ship of which the keel was laid 1on or after the 21st day of july, , and not being exempt from the provisions of this part relating to load lines, shall proceed to sea unless a the ship has been surveyed in accordance with the load line rules b the ship complies with the conditions of assignment c the ship is marked on each side with a mark hereafter in this act referred to as a deck line indicating the position of the uppermost complete deck as defined by the load line rules and with marks hereafter in this act referred to as load lines indicating the several maximum depths to which the ship can be safely located in various circumstances prescribed by the load line rules d the deck line and load lines are of the description required by the load line rules, the deck line is in the position required by those rules, and the load lines are of the number required by such of those rules as are applicable to the ship and e the load lines are in the position required by such of the load line rules as are applicable to the ship. 2 no indian ship, being a ship of which the keel was laid 2before the 21st day of july, , and not being exempt from the provisions of this part relating to load lines, shall proceed to sea unless a the ship has been surveyed and marked in accordance with clauses a, c and d of subsection 1 b the ship complies with the conditions of assignment in principle and also in detail so far as, in the opinion of the central government, is reasonable and practicable having regard to the efficiency of the protection of openings, the guard rails, the freeing ports and the means of access to the crews quarters provided by the arrangements, fittings and appliances existing on the ship at the time when she is first surveyed under this section and 3c the load lines are in the position required by clause e of subsection 1. 3 any ship attempting to proceed to sea without being surveyed and marked as required by this section may be detained until she has been surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purpose of section 336. 1. subs. by act 25 of , s. 6, for after the 30th day of june, w.e.f. . 2. subs. by s. 6, ibid., for before the 1st day of july w.e.f. . 3. subs. by s. 6, ibid., for clause c w.e.f. .

section 315. of the merchant shipping act : a surveyor may inspect any indian ship for the purpose of seeing that the provisions of this part relating to load lines have been complied with and for this purpose may go on board the ship at all reasonable times and do all things necessary for the proper inspection of the ship and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for that purpose, including the production of any certificate granted under this part in respect of the ship.

section 310. of the merchant shipping act : 1 save as otherwise provided in this section, the provisions of this part relating to load lines shall apply to all sailing vessels as they apply to ships, and accordingly, the expression ship in the said provisions of this part shall be construed as including a sailing vessel. 2 the provisions of this part relating to load lines shall not apply to 1a any sailing vessel, being an existing vessel of less than one hundred and fifty tons gross, or a new vessel of less than twentyfour meters in length, and in either case employed in plying coastwise between ports situated within india, pakistan, burma and ceylon b any ship solely engaged in fishing c any pleasure yacht. 3 the central government may, on such conditions as it may think fit, exempt from the provisions of this part relating to load lines a any ship plying between the near neighboring ports of two or more countries, if the central government and the governments of those countries are satisfied that the sheltered nature and conditions of the voyages between those ports make it unreasonable or impracticable to apply to ships so plying the provisions of this part relating to load lines b any ship plying between near neighbouring ports of the same country, if the central government is satisfied as aforesaid c wooden ships of primitive build, if the central government considers that it would be unreasonable or impracticable to apply the said provisions to them 2d any coasting ship, being an existing ship of less than one hundred and fifty tons gross or a new ship of less than twentyfour meters in length: provided that any such ship does not carry cargo e any ship which embodies features of a novel kind, if the central government is satisfied that the application of the provisions of this part relating to load lines to such a ship might seriously impede research into development of such features and their incorporation in ships and the central government and the governments of the countries to be visited by the ship are satisfied that the ship complies with safety requirements which are adequate for the purposes for which the ship is intended and are such as to ensure the overall safety of the ship f any ship which is not normally engaged on voyages to ports outside india but which in exceptional circumstances is required to undertake such voyage if the central government is satisfied that the ship complies with safety requirements which are adequate for such voyage. 1. subs. by act 25 of , s. 5, for clause a w.e.f. . 2. subs. by s. 5, ibid., for clause d w.e.f. .

section 313. of the merchant shipping act : 1 an indian ship not being exempt from the provisions of this part relating to load lines shall not be so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being entitled under the load line rules to be loaded. 2 without prejudice to any other proceedings under this act, any ship which is loaded in contravention of this section may be detained until she ceases to be so loaded.

section 314. of the merchant shipping act : 1 no owner or master of an indian ship which has been marked in accordance with the foregoing provisions of this part, shall without reasonable cause, fail to keep the ship so marked. 2 no person shall conceal, remove, alter, deface or obliterate, or suffer any person under his control to conceal, remove, alter, deface or obliterate any mark placed on any such ship in accordance with the foregoing provisions of this part except with the authority of a person entitled under the load line rules to authorise the alteration of the mark or except for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.

section 316. of the merchant shipping act : show related subordinates 1 where an indian ship has been surveyed and marked in accordance with the foregoing provisions of this part and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee, 1a in the case of an existing ship which is of one hundred and fifty tons gross or more or a new ship of twentyfour meters or more in length, and which in either case carries cargo or passengers, a certificate to be called an international load line certificate aa in the case of a ship which is exempted under clause e or clause f of subsection 3 of section 310, a certificate to be called an international load line exemption certificate and, b in the case of any other ship, a certificate to be called an indian load line certificate. 2 every such certificate shall be issued cither by the central government or by such other person as may be authorised in that behalf by the central government and shall be issued in such form and manner as may be prescribed by the load line rules. 3 the central government may request the government of a country to which the load line convention applies, to issue a load line certificate in the form of an international load line certificate under that convention in respect of an indian ship and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this part as if it had been issued by the central government. 4 where a load line certificate, issued in pursuance of this section and for the time being in force, is produced in respect of a ship, the ship shall, for the purposes of the foregoing provisions of this part, be deemed to have been surveyed as required by those provisions, and if the deck line and load lines on the ship are of the number and description required by the load line rules and the position of the deck line and load lines corresponds with the position specified in the certificate, the ship shall be deemed to be marked as required by those provisions. 1. subs. by act 25 of , s. 8, for clause a w.e.f. .

section 317. of the merchant shipping act : show related subordinates 1317. duration and cancellation of certificates.1 every certificate issued in respect of a ship under clause a or clause b of subsection 1 of section 316 and every certificate issued under clause aa of that subsection to a ship referred to in clause e of subsection 3 of section 310 shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate but subject to the provisions of this part, a new certificate may be issued in respect of such ship: provided that where it is not possible to issue such new certificate to any ship before the expiry of its existing certificate, the central government or any other person authorised by it to issue such certificate may, on being satisfied that no alterations affecting the ships free board have been made in the structure, equipment, arrangements, material or scantlings, after the last survey of the ship under subsection 5, extend the validity of the existing certificate for such period not exceeding five months as the central government or such person may deem fit. 2provided further that when the survey for the purpose of issue of certificate under subsection 1 of section 316 is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of such survey to a date not exceeding five years from the date of expiry of the existing certificate. 2 every certificate issued under clause aa of subsection 1 of section 316 to a ship referred to in clause f of subsection 3 of section 310 shall cease to be valid upon the completion of the voyage in respect of which such certificate was issued. 3 notwithstanding anything contained in the foregoing provisions of this section, any certificate issued in respect of a ship under subsection 1 of section shall cease to be valid when a the ship ceases to be an indian ship b material alterations such as would necessitate the assignment of an increased free board have taken place in the hull or superstructure of the ship c the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crews quarters are not maintained in an effective condition d the structural strength of the ship is lowered to such an extent as to render the ship unsafe e the certificate is not endorsed to prove that the ship has been surveyed as required under subsection 5 or f the marking of the deck line and load lines on the ship have not been properly maintained. 4 5 the owner of every ship in respect of which any certificate has been issued under subsection 1 of section 316 shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner 3and the certificate endorsed once at least in each year during the period commencing three months before and ending three months after the anniversary date of expiry of the certificate for the purpose of ensuring that a alterations have not been made to the hull or superstructure which would affect the calculations determining the position of the load lines b the fittings and the appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crews quarters are maintained in an effective condition c the free board marks are correctly and permanently marked and d the stability information required under section 298 is readily available on board. 56 if an annual survey is completed before the period specified in subsection 5 then, a the anniversary date mentioned on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed b the subsequent annual survey required by subsection 5 shall be completed using the new anniversary date c the expiry date of the certificate may remain unchanged provided one or more annual survey is carried out so that the maximum interval between the surveys specified under subsection 5 is not exceeded. 7 if a certificate under subsection 1 of section 316 is issued for a period of less than five years, the central government or any person authorised by it in this behalf, may extend the validity of the certificate beyond the expiry date to a maximum period specified in subsection 1: provided that, annual surveys referred to in subsection 5 are carried out as may be appropriate. 7a if a ship at the time when a certificate expires is not in a port at which it is to be surveyed, the central government or any person authorised by it in this behalf may extend the period of validity of the certificate, but this extension shall be granted only for the purpose of allowing the ship to complete the voyage to the port in which it is to be surveyed and also only in cases where it appears proper and reasonable to do so: provided that no certificate shall be extended for a period longer than three months and the ship to which an extension is granted shall not on its arrival at the port in which it is to be surveyed leave that port without having a new certificate: provided further that when the survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate. 7b a certificate, issued to a ship engaged in short voyage which has not been extended under subsection 7a, may be extended by the central government or any person authorised by it in this behalf for a period up to one month from the date of expiry and when the survey is completed, the new certificate shall be valid up to a date not exceeding five years from the date of expiry of the existing certificate. 7c in special circumstances where the central government so determines a new certificate, need not be dated from the date of expiry of the existing certificate, shall be valid up to a date not exceeding five years from the date of completion of the survey. 8 where any certificate has ceased to be valid or been cancelled under this section, the central government may require the owner or master of the ship to which the certificate relates to deliver up the certificate as it directs and the ship may be detained until such requirement has been complied with. 9 on the survey of any ship in pursuance of this section, there shall be paid by the owner of the ship such fee as may be prescribed. 1. subs. by act 25 of , s. 9, for section 317 w.e.f. . 2. ins. by act 63 of , s. 14 w.e.f. . 3. subs. by s. 14, ibid., for certain words w.e.f. . 4.omitted by s. 14, ibid. w.e.f. . 5. subs. by act 63 of , s. 14, for subsections 6/i and 7 w.e.f. .

section 319. of the merchant shipping act : 1 when a load line certificate has been issued in pursuance of the foregoing provisions of this part in respect of an indian ship other than a hometrade ship of less than two hundred tons gross a the owner of the ship shall forthwith on the receipt of the certificate cause it to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible so long as the certificate remains in force and the ship is in use and b the master of the ship, before making any other entry in any official log book, shall enter or cause to be entered therein the particulars as to the position of the deck line and load lines specified in the certificate. 2 before any such ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea, the master thereof shall a enter or cause to be entered in the official log book such particulars relating to the depth to which the ship is for the time being loaded as the central government may by rules made in this behalf prescribe and b cause a notice in such form and containing such of the said particulars as may be required by the said rules, to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place: provided that the central government may by the said rules exempt hometrade ships or any class of hometrade ships from the requirements of clause b of this subsection.

section 324. of the merchant shipping act : the master of every ship other than an indian ship being a ship of one hundred and fifty tons gross or more carrying cargo or passengers, and belonging to a country to which the load line convention applies, shall produce to the customs collector from whom a port clearance for the ship from any port of india is demanded a in a case where port clearance is demanded in respect of a voyage to a port outside india, a valid international load line certificate b in a case where port clearance is demanded in respect of any other voyage, either a valid international load line certificate or a valid indian load line certificate and the port clearance shall not be granted, and the ship may be detained, until the certificate required by this section is so produced.

section 321. of the merchant shipping act : 11 the central government may, at the request of a country to which the load line convention applies, issue an international load line certificate in respect of a ship 2registered or to be registered in that country if it is satisfied in like manner as in the case of an indian ship that it can properly issue the certificate and where the certificate is issued at such a request, it shall contain a statement that it has been so issued. 32 the central government shall, as soon as may be, after the issue of a certificate in respect of a ship under subsection 1, forward to the government at whose request such certificate was issued a copy each of the certificate, the survey report used in computing the free, board of the ship and of the computations. 1. section 321 renumbered as subsection 1 thereof by act 25 of , s.10 w.e.f. . 2. subs. by s. 10, ibid., for the word registered w.e.f. . 3. ins. by s. 10, ibid. w.e.f. .

section 320. of the merchant shipping act : 1 before an agreement with the crew of any ship in respect of which a load line certificate is in force, is signed by any member, of the crew, the master of the ship shall insert in the agreement the particulars as to the position of the deck line and load lines specified in the certificate. 2 in the case of a ship required by this act to engage its crew before a shipping master, the shipping master shall not proceed with the engagement of the crew until a there is produced to him a load line certificate for the time being in force in respect of the ship and b he is satisfied that the particulars required by this section have been inserted in the agreement with the crew.

section 325. of the merchant shipping act : the provisions of section 312 shall apply to ships other than indian ships proceeding or attempting to proceed to sea from ports in india as they apply to indian ships subject to the following modifications, namely: a the said section shall not apply to a ship other than an indian ship if a valid international load line certificate is produced in respect of the ship and b subject to the provisions of clause a, a ship other than an indian ship which does not comply with the conditions of assignment to the extent required in her case by section 323 shall be deemed to be unsafe for the purpose of section 342.

section 318. of the merchant shipping act : 1 no indian ship shall proceed to sea unless there is in force in respect of the ship a load line certificate issued under the provisions of section 316. 2 the master of every indian ship shall produce to the customs collector, from whom a port clearance for the ship is demanded, the certificate which is required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted, and the ship may be detained, until that certificate is so produced.

section 323. of the merchant shipping act : 11 a surveyor may, at any reasonable time, go on board any ship other than an indian ship carrying cargo or passengers and registered in a country to which the load line convention applies, when such ship is within any port in india, for the purpose of demanding the production of any international load line certificate or, as the case may be, international load line exemption certificate for the time being in force in respect of the ship: provided that such ship is an existing ship of one hundred and fifty tons gross or more or a new ship of twentyfour meters or more in length. 2 if a valid international load line certificate is produced to the surveyor on any such demand, the surveyors powers of inspecting the ship with respect to load line shall be limited to seeing a that the ship is not loaded beyond the limits allowed by the certificate b that the position of the load lines on the ship corresponds with the position specified in the certificate 2c that no material alterations as would necessitate the assignment of an increased free board have taken place in the hull or superstructures of the ship d that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crews quarters have been maintained on the ship 3in an effective condition. 42a if a valid international load line exemption certificate is produced to the surveyor on demand made under subsection 1, the surveyors powers of inspecting the ship with respect to load lines shall be limited to seeing that the conditions stipulated in the certificate are complied with. 3 if it is found 5on any inspection under subsection 2 or, as the case may be, subsection 2a that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and the provisions of section 342 shall apply. 4 if it is found 5on any inspection under subsection 2 or, as the ease may be, subsection 2a that the load lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the surveyor. 5 if it is found 5on any inspection under subsection 2 or, as the case may be, subsection 2a that the ship has been so materially altered in respect of the matters referred to in clauses c and d of subsection 2 that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 336 in the case of an indian ship or for the purpose of section 342 in the case of any other ship: provided that where the ship has been detained under either of the lastmentioned subsections, the central government shall order the ship to be released as soon as, it is satisfied that the ship is fit to proceed to sea without danger to human life. 6 if a valid international load line certificate 6or, as the case may be, international load line exemption certificate is not produced to the surveyor on such demand as aforesaid the surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the provisions of this part relating to load lines have been complied with as if the ship were an indian ship. 7 for the purposes of this section a ship shall be deemed to be loaded beyond the limits allowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the load line convention, to be loaded. 1. subs. by s. 12, ibid., for subsection 1 w.e.f. . 2. subs. by s. 12, ibid., for clause c w.e.f. . 3. subs. by s. 12, ibid., for certain words w.e.f. . 4. ins. by s. 12, ibid. w.e.f. . 5. subs. by s. 12, ibid., for on any such inspection w.e.f. . 219 . ins. by act 25 of , s.12 w.e.f. .

section 322. of the merchant shipping act : an international 1load line certificate or, as the case may be, an international load line exemption certificate issued in respect of any ship other than an indian ship by the government of the country to which the ship belongs shall, subject to such rules as the central government may make in this behalf, have the same effect in india as a 1load line certificate or, as the case may be, an international load line exemption certificate issued in respect of an indian ship under this part. 1. subs. by act 25 of , s. 11, for load line certificate w.e.f. .

section 326. of the merchant shipping act : the provisions of section 313 shall apply to ships other than indian ships, while they are within any port in india as they apply to indian ships subject to the following modifications, namely: 1a no ship belonging to a country to which the load line convention applies being an existing ship of one hundred and fifty tons gross or more or being a new ship of twentyfour metres or more in length shall be detained and no proceedings shall be taken against the owner or master thereof by virtue of the said section except after an inspection by a surveyor as provided by section 323 and b the expression the appropriate load line in relation to any ship other than an indian ship shall mean i in the case of a ship in respect of which there is produced on such, an inspection as aforesaid a valid international load line certificate, 1or, as the case may be, an international load line exemption certificate the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the load line convention, to be loaded ii in any other case, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the load line rules to be loaded, or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon. 1. ins. by s. 13, ibid. w.e.f. .

section 327. of the merchant shipping act : the provisions of section 315 shall apply, in the same manner as they apply to indian ships, to all ships registered in a country to which the load line convention does not apply while they are within indian jurisdiction.

section 332. of the merchant shipping act : show related subordinates 1 where grain is loaded on board any indian ship anywhere or is loaded within any port in india on board any other ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting and if such precautions as aforesaid are not taken, the owner or the master of the ship or any agent of the owner who was charged with the loading or with sending the ship to sea laden with grain shall be guilty of an offence under this subsection and the ship shall be deemed for the purposes of this part to be unsafe by reason of improper loading. 2 where any ship which is loaded with grain outside india without all necessary and reasonable precuations having been taken to prevent the grain from shifting, enters any port in india so laden, the owner or master of the ship shall be guilty of an offence under this subsection and the ship shall be deemed for the purposes of this part to be unsafe by reason of improper loading. 12a where grain is loaded on board an indian ship in accordance with a grain loading plan approved under section 331a or where grain is loaded on board any other ship in accordance with a grainloading plan approved by or on behalf of the government of the country in which that ship is registered, the ship shall be deemed, for the purposes of subsections 1 and 2, to have been loaded with all necessary and reasonable precautions. 3 on the arrival at a port in india from a port outside india of any ship carrying a cargo of grain, the master shall cause to be delivered at the port to such customs or other officer as may be specified by the central government in this behalf, a notice stating a the draught of water and free board of the said ship after the loading of the cargo was completed at the final port of loading 2 3b the kind of grain carried and quantity thereof stated in cubic feet, quarters, bushels or tons weight and c the mode in which the grain is stowed and the precautions taken to prevent the grain from shifting and where the grain has been stowed in accordance with the ships grainloading plan, if any, that it has been so stowed. 44 any person authorised in this behalf, by general or special order of the central government may, for securing the observance of the provisions of this section, go on board a ship carrying a cargo of grain and require the production of the grainloading plan of the ship and inspect the mode in which the cargo is stowed in the ship. 5 the central government may, subject to the condition of previous publication, 5make rules in relation to grainloading plans and the loading of ships with grain generally or of ships of any class specifying the precautions to be taken, and when such precautions have been prescribed, they shall be treated for the purposes of this section to be included in the expression necessary and reasonable precautions. 6 in 6section 331a and this section, the expression gram includes wheat, maize, oats, rye, barley, rice, pulses and seeds, and the expression ship carrying a cargo of grain means a ship carrying a quantity of grain exceeding onethird of the ships registered tonnage reckoning one hundred cubic feet or two tons of weight of grain as equivalent to one ton of registered tonnage. 1. ins. by s. 28, ibid. w.e.f. . 2. the word and omitted by s. 28, ibid. w.e.f. . 3. subs. by s. 28, ibid., for clause b w.e.f. . 4. subs. by act 21 of , s. 28, for subsection 4 w.e.f. . 5. subs. by s. 28, ibid., for make rules in relation to the loading of ships w.e.f. . 6. subs. by s. 28, ibid., for this section w.e.f. .

section 329. of the merchant shipping act : the master of every ship registered in a country to which the load line convention does not apply shall produce to the customs collector from whom a port clearance for the ship from any port in india is demanded, either an indian load line certificate or a certificate having effect under this act as such a certificate, being a certificate for the time being in force in respect of the ship, and the port clearance shall not be granted and the ship may be detained until the certificate required by this section is so produced.

section 328. of the merchant shipping act : 1 the provisions of this part relating to the issue, effect, duration, 1and cancellation of indian load fine certificates or, as the case may be, international load lines exemption certificates shall apply to ships other than indian ships as they apply to indian ships subject to the following modifications, namely: a any such certificate may be issued in respect of any such ship as in respect of an indian ship provided that 2any such certificate issued in respect of a ship carrying cargo or passengers being an existing ship of one hundred and fifty tons gross or more or being a new ship of twentyfour metres or more in length and registered, in a country to which the load line convention applies, shall only be valid so long as the ship is not plying on voyages from or to any port in india to or from any place outside india and shall be endorsed with a statement to that effect and shall be cancelled by the central government if it has reason to believe that the ship is so plying and b the survey required for the purpose of seeing whether the certificate should remain in force shall takeplace when required by the central government. 2 if the central government is satisfied a that provisions has been made for the fixing, marking and certifying of load lines by the law in force in any country outside india with respect to ships or any class or description of ships of that country and has also been so made or has been agreed to be so made for recognising indian load line certificates as having the same effect in ports of that country as certificates issued under the said provision and b that the said provision for fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this part relating to load lines and is equally effective, it may, by notification in the official gazette, direct that load line certificates issued in pursuance of the said provision or in respect of ships or that class or description of ships of that country, shall have the same effect for the purpose of this part as indian load line certificates: 3provided that such direction shall not apply to any ship carrying cargo or passengers being an existing ship of one hundred and fifty tons gross or more or being a new ship of twentyfour metres or more in length if such ship is registered in a country to which the load line convention applies, and is engaged in plying on voyages from or to any port in india to or from any port outside india. 1. subs. by act 25 of , s. 14, for the words renewal and cancellation of indian load line certificates w.e.f. . 2. subs. by s. 14, ibid., for any such certificate issued in respect of a ship of 150 tons gross or more carrying cargo or passengers w.e.f. . 3. subs. by s. 14, ibid., for the proviso w.e.f. .

section 333. of the merchant shipping act : 1 where a an indian passenger ship has been marked with subdivision load lines, that is to say, load lines indicating the depth to which the ship may be loaded having regard to the extent to which she is subdivided and to the space for the time being allotted to passengers, and b the appropriate subdivision load line, that is to say, the subdivision load line appropriate to the space for the time being allotted to passengers on the ship, is lower than the load line indicating the maximum depth to which the ship is for the time being entitled under the provisions of this part to be loaded, the ship shall not be so loaded as to submerge in salt water the appropriate subdivision load line on each side of the ship when the ship has no list. 2 without prejudice to any other proceedings under this act, any such ship which is loaded in contravention of this section may be detained until she ceases to be so loaded.

section 330. of the merchant shipping act : show related subordinates 1 the central government shall, subject to the condition of previous publication, make rules hereafter in this section referred to as the timber cargo rules as to the conditions on which timber may be carried as cargo in any uncovered space on the deck of any indian ship. 2 the timber cargo rules may prescribe a special load line to be used only when the ships carrying timber as cargo on deck and the conditions on which such special load line may be assigned, and may further prescribe either generally or with reference to particular voyages and seasons the manner and position in which such timber is to be stowed and the provisions which are to be made for the safety of the crew. 3 any surveyor may at any reasonable time, inspect any indian ship carrying a timber as cargo in any uncovered space on her deck for the purpose of seeing whether the timber cargo rules have been complied with. 4 the foregoing provisions of this section and the timber cargo rules shall apply to ships other than indian ships while they are within indian jurisdiction as they apply to indian ships.

section 334. of the merchant shipping act : show related subordinates 1 every person who sends or attempts to send an indian ship to sea from any port in india in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, be guilty of an offence under this subsection. 2 every master of an indian ship who knowingly lakes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, be guilty of an offence under this subsection. 3 for the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness. 4 no prosecution under this section shall be instituted except by, or with the consent of, the central government. 5 a ship is unseaworthy within the meaning of this act when the materials of which she is made, her construction, qualifications of the master, the number, description and qualifications of the crew including officers, the weight, description and stowage of the cargo and ballast, the condition of her hull and equipment, boilers and machinery are not such as to render her in every respect fit for the proposed voyage or service.

section 331. of the merchant shipping act : show related subordinates 1 the central government may make rules for regulating in the interests of safety the carriage of dangerous goods in ships. 12 in particular and without prejudice to the generality of the foregoing power, such rules may provide for the classification, packing, labelling and marking of such goods or any class of such goods, stowing of such goods whether with or without other cargo including plans for stowing, the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships, and such other matters relating to dangerous goods as required to be provided for implementing the provisions of the safety convention. 3 the owner, master or agent of a ship carrying or intending to carry any dangerous goods as cargo and about to make a voyage from a port in india shall furnish in advance the prescribed particulars of the ship and the cargo to such authority as may be prescribed for the purpose. 4 a surveyor may inspect the ship for the purpose of securing that any rules under this section are complied with. 5 if any of the rules made in pursuance of this section is not complied with in relation to any ship, the ship shall be deemed for the purpose of this part to be an unsafe ship. 6 this section shall apply, in the same manner as it applies to indian ships, to ships other than indian ships while they are within any port in india or are embarking or disembarking passengers or are loading or discharging cargo or fuel within indian jurisdiction. explanation.in this section the expression dangerous goods means goods which by reasons of the nature, quantity or mode of stowage are either singly or collectively liable to endanger the life or the health of persons on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression explosive as defined in the indian explosives act, , and any other goods which the central government may by notification in the official gazette specify as dangerous goods 2but shall not include, a any fog or distress signals or other stores or equipment required to be carried by the ship under this act or the rules or regulations thereunder b particular cargoes carried in ships specially built or converted as a whole for that purpose, such as tankers. 1. subs. by act 21 of , s. 26, for subsection 2 w.e.f. . 2. subs. by s. 26, ibid., for certain words w.e.f. .

section 331a. of the merchant shipping act : show related subordinates 1331a. grain loading plan.1 no grain shall be loaded on board any indian ship anywhere unless there is in force in respect of such ship a grainloading plan approved under subsection 3 or subsection 4. 2 the grainloading plan shall be in such form and contain such particulars as to the stability of the ship, circumstances of loading on departure and arrival, the main characteristics of the fittings used to prevent the shifting of cargo and such other matters as may be prescribed, having regard to the rules made under subsection 5 of section 332. 3 save as otherwise provided in subsection 4, the grainloading plan shall be submitted to the central government for approval and that government may, having regard to the rules made under subsection 5 of section 332, the stability of the ship and the circumstances of loading on departure and arrival, approve the plan with such modifications, if any, as it may deem necessary. 4 the central government may request the government of a country to which the safety convention applies to approve the grainloading plan of an indian ship and an approval given in pursuance of such a request and containing a statement that it has been so given shall have effect for the purposes of this section as if the approval had been given by the central government. 5 the central government may, at the request of the government of a country to which the safety convention applies approve the grainloading plan of a ship registered in that country if the central government is satisfied, in the like manner as in the case of an indian ship, that such approval can properly be given and where approval is given at such a request, it shall contain a statement that it has been so given. 6 it is hereby declared that for the purposes of section 208 which requires document relating to navigation to be delivered by the master of a ship to his successor the plan shall be deemed to be a document relating to the navigation of the ship. 1. ins. by act 21 of , s. 27 w.e.f. .

section 335. of the merchant shipping act : show related subordinates 1 in every contract of service, express or implied between the owner of an indian ship and the master or any seaman thereof, and in every contract of apprenticeship whereby any person is bound to serve as an apprentice on board any such ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such ship or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such ship for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage. 2 for the purpose of seeing that the provisions of this section have been complied with, the central government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or machinery of any seagoing ship by a surveyor.

section 336. of the merchant shipping act : show related subordinates 1 where an indian ship in any port to which the central government may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such slip any be provisionally detained for the purpose of being surveyed and either finally detained or released as follows, namely: a the central government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed. b a written statement of the grounds of such detention shall be forthwith served on the master of such ship. c when the central government provisionally orders the detention of a ship, it shall either refer the matter to the court of survey for the port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon and, on receiving the report, may either order the ship to be released or if in its opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the central government thinks necessary for the protection of human life. d before an order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master may appeal against such report, in the manner prescribed, to the court of survey for the port where the ship is detained. e where a ship has been provisionally detained and a person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the court of survey or, if there is no such list, or if it is impracticable to procure the attendance of any person named in such list, a person of nautical engineering or other special skill and experience. if the surveyor and assessor agree that the ship should be detained or released, the central government shall cause the ship to be detained or released accordingly, and the owner or master shall have no right of appeal. if the surveyor and assessor differ in their report, the central government may act as if the requisition had not been made, and the owner or master shall have a right of such appeal touching the report of the surveyor as is hereinbefore provided in this section. f where a ship has been provisionally detained, the central government may at any time if it thinks it expedient, refer the matter to the court of survey for the port where the ship is detained. g the central government may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions. 2 any person appointed by the central government for the purpose in this act referred to as a detaining officer shall have the same power as the central government has under this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her, and if he thinks that a ship so detained by him is not unsafe, may order her to be released. 3 a detaining officer shall forthwith report to the central government any order made by him for the detention or release of a ship. 4 a ship detained under this section shall not be released by reason of her indian register being subsequently closed.

section 337. of the merchant shipping act : show related subordinates if it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or the master, for the provisional detention of a ship, the central government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

section 342. of the merchant shipping act : show related subordinates when a ship other than an indian ship is in a port in india and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, the provisions of this part with respect to the detention of ships shall apply to that ship as if she were an indian ship with the following modifications, namely: a a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port in which such ship is detained b the consular officer, at the request of the owner or master of the ship, may require that the person appointed by the central government to survey the ship shall be accompanied by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the central government shall cause the ship, to be detained or released accordingly, but, if they differ, the central government may act as if the requisition had not been made, and the owner and master shall have the like right of appeal to a court of survey touching the report of the surveyor as is hereinbefore provided in the case of an indian ship and c where the owner or master of the ship appeals to the court of survey, the consular officer, at the request of the owner or master, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were an indian ship, would be appointed otherwise than by the central government.

section 338. of the merchant shipping act : if a ship is finally detained under this part, or if it appears that a ship provisionally detained was at the time of such detention unsafe, or if a ship is detained in pursuance of any provision of this part which provides for the detention of a ship until a certain event occurs, the owner of the ship shall be liable to pay to the central government its costs of and incidental to the detention and survey of the ship and the ship shall not be released until such costs are paid.

section 339. of the merchant shipping act : for the purposes of this act, the costs of and incidental to any proceeding before a court of survey, and a reasonable amount in respect of the remuneration of the surveyor or any person appointed to represent the central government before the court, shall be deemed to be part of the costs of the detention and survey of the ship.

section 341., payable by central government recoverable from complainant. of the merchant shipping act : where a ship is detained in consequence of any complaint and the circumstances are such that the central government is liable under this part to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the central government all such costs and compensation as the central government incurs, or is liable to pay, in respect of the detention and survey of the ship.

section 340. of the merchant shipping act : when a complaint is made to the central government or a detaining officer that an indian ship is unsafe, it shall be in the discretion of the central government or the detaining officer, as the case may be, to require the complainant to give security to the satisfaction of the central government or the detaining officer for the costs and compensation which such complainant may become liable to pay as hereinafter mentioned: provided that, where the complaint is made by onefourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the central government or the detaining officer frivolous or vexatious, such security shall not be required and the central government or the detaining officer shall, if the complaint is made insufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this part.

section 343. of the merchant shipping act : 1 nothing in this part a prohibiting a ship from proceeding to sea unless there are in force in relation to the ship, or are produced the appropriate certificates issued under this part or the appropriate safety convention certificates b requiring information about a ships stability to be carried on board, shall, unless in the case of information about a ships stability the central government otherwise orders, apply to any troopship, pleasure yacht or fishing vessel or to 1any cargo ship of less than three hundred tons gross or to any ship not fitted with mechanical means of propulsion. 2 nothing in the preceding subsection shall affect the exemption conferred by any other provision of this act. 3 nothing in this part shall apply to any ship other than an indian ship while it is within any port in india if it would not have been within such port but for stress of weather or any other circumstance that neither the master nor the owner nor the charterer, if any, of the ship could have prevented or forestalled. 1. subs. by act 21 of , s. 29, for any ship of less than five hundred tons gross other than a passenger ship w.e.f. .

section 344. of the merchant shipping act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules to carry out the purposes of this part relating to certificates granted under this part. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe 1a the form of any certificate and record of equipment issued under this part aa the manner of surveys required to be made in respect of ships to which the manner of surveys specified in the safety convention is not applicable b the circumstances in which a certificate purporting to have been issued outside india in accordance with the provisions of the safety convention or the load line convention shall be recognised in india c the fees to be charged in respect of any certificate issued under this part and the manner in which such fees may be recovered. 2d the fees to be charged for the survey or inspection of hull, machinery, boilers, electrical appliances and other fittings and the materials used for their construction, fire appliances, lifesaving appliances, radio communications equipment, radar, echo sounding device and gyro compass, or testing or approval of any of the foregoing equipments or materials used for their manufacture, or examination of plans of construction of any part of ships hull, machinery, electrical appliances and other equipment aforesaid and the manner in which such fees may be recovered. 11 subs. by act 63 of , s.15, for clause a w.e.f. . 2. ins. by act 12 of , s. 9 w.e.f. .

section 344a. of the merchant shipping act : 1344a.application of act to nuclear ships.1 this part applies only to nuclear ships. 2 notwithstanding anything contained in this act, a nuclear ship shall not be required to obtain or produce any certificate referred to in subclauses i to ix of clause 38 of section 3 or, as the case may be, any like valid safety convention certificate. 3 the central government may, by notification in the official gazette, direct that any of the provisions of this act other than the provisions of this part and the provisions of section 456 specified in the notification a shall not apply to nuclear ships or b shall apply to nuclear ships, only with such exceptions, modifications and adaptations as may be specified in the notification. 4 a copy of every notification proposed to be issued under subsection 3 shall be laid in draft before both houses of parliament for a period of not less than thirty days while they are in session and it shall not be issued until it has been approved, whether with or without modification, by each house of parliament. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344b. of the merchant shipping act : 1344b. nuclear passenger ship safety certificates and nuclear cargo ship safety certificates.1 if in respect of any indian nuclear passenger or cargo ship the central government is satisfied that the ship has been surveyed in accordance with this act and has been inspected by a person appointed in this behalf by the central government and has complied with such special requirements, if any, as that person has, after such inspection, specified, the central government may issue a in the case of a passenger ship, a nuclear passenger ship safety certificate b in the case of a cargo ship, a nuclear cargo ship safety certificate. 2 a certificate issued under subsection 1 shall be in force for a period of twelve months from the date of issue or for such shorter period as may be specified in the certificate. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344d. of the merchant shipping act : 1344d. safety assessment and operating manual.1 every indian nuclear ship shall have on board a safety assessment and an operating manual in such form and containing such particulars and approved by such authority as may be prescribed. 2 the safety assessment and the operating manual shall be prepared, maintained and kept uptodate in such manner as may be prescribed. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344f. of the merchant shipping act : 1344f. control on arrival of nuclear ships.1 the master of every nuclear ship shall, on arrival at a port in india, give notice of the ships arrival in the prescribed form to such authority as the central government may specify in this behalf. 2 any person authorised in this behalf hereinafter referred to as the authorised person, by general or special order of the central government, may go on board such ship for the purpose of verifying that she has on board a valid nuclear passenger ship safety certificate or, as the case may be, nuclear cargo ship safety certificate and for the purpose of satisfying himself after examining the safety assessment and operating manual and such other things as he deems fit that there are no unreasonable radiation or other hazards to the crew, passengers members of the public, waterways, food or water resources. 3 if the authorised person is satisfied after such examination that there are no unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may issue a certificate to that effect. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344c. of the merchant shipping act : 1344c. prohibition of proceeding to sea without certificates.1 no indian nuclear ship shall proceed on a voyage from any port or place in india to any port or place outside india unless there is in force in respect of the ship a a nuclear passenger ship safety certificate, if she is a passenger ship b a nuclear cargo ship safety certificate, if she is a cargo ship. 2 the master of a ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate required by subsection 1 when the ship proceeds to sea and the port clearance shall not be granted and the ship may be detained until the said certificate is so produced. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344e. of the merchant shipping act : 1344e. foreign nuclear ships to give advance notice of arrival.1 no nuclear ship, other than an indian ship, shall enter the territorial waters of india unless the master, owner or agent thereof has given such advance notice of the ships intended arrival in india as may be prescribed, to such authority as may be specified by the central government, and has forwarded along with the notice a true copy of the ships safety assessment to that authority. 2 if on the examination and evaluation of the ships safety assessment the authority referred to in subsection 1 is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of india and the ship shall comply with such direction. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344g. of the merchant shipping act : 1344g. notice of accidents to nuclear ships.1 where an indian nuclear ship meets with an accident and such accident is likely to lead to environmental hazards, the master of the ship shall forthwith give notice of the accident a to such officer or authority as may be specified in this behalf by the central government and b if the ship is in or intends to enter the territorial water of a foreign state, also to the appropriate government authority of the state. 2 where a nuclear ship other than an indian ship meets with an accident of the nature specified in subsection 1 while she is in the territorial waters of, or at a port in, india, the master of the ship shall forthwith give notice of the accident to the officer or authority specified under clause a of subsection 1. 3 on receipt of a notice under subsection 1 or subsection 2, the officer or authority specified under clause a of subsection 1 shall issue such directions as he thinks necessary and expedient in the circumstances of the case and investigate into the causes of the accident in such manner as may be prescribed. 4 a copy of the directions issued under subsection 3 and a report of the findings of the investigation shall be sent to the central government within such time as may be prescribed. 5 where a nuclear ship other than an indian ship meets with an accident of the nature specified in subsection 1 at any port or place outside india and intends to enter the territorial waters of india in a damaged condition, the master of such ship shall give notice of the nature of the accident and the condition of the ship in such form as may be prescribed to the officer or authority specified under clause a of subsection 1 and shall comply with such directions as that officer or authority may give. 6 the provisions of this section are in addition to and not in derogation of the provisions, of part xii of this act. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344i. of the merchant shipping act : 1344i. power to make rules.1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this part. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the design, construction and standards of inspection and assembly of the reactor installations of nuclear ships b the standards of safety of nuclear ships c the manner of survey of nuclear ships d the forms in which certificates under this part may be issued e the form and manner in which the safety assessment and operating manual of a nuclear ship are to be prepared, maintained and kept uptodate and the particulars to be contained therein f the form of notices under this part and the time when such notices should be given g the manner in which investigations may be made into causes of accidents to a nuclear ship h the special precautions to be taken against unreasonable radiation or other nuclear hazards to the crew, passengers and other persons, to waterways and to food and water resources i the manner in which radioactive waste from nuclear ships is to be stowed and disposed of j the manner in which the reactor fuelling, defuelling and refuelling and maintenance of nuclear ships are to be carried out k the special training for and qualifications of, masters and seamen of nuclear ships l the special requirements relating to approach, entry into, stay in or departure from, an indian port of a nuclear ship m the procedure to be followed for determining the operational conditions of a nuclear ship n the protection and closure of the reactor installation of nuclear ships in the case of a collision, grounding, fire, leakage of radioactive material or other accident o the fees to be charged for any inspection survey or certificate under this part p any other matter which has to be or may be prescribed. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344h. of the merchant shipping act : 1344h. application of certain sections to or in relation to certain certificates under section 344b.1 the provisions of sections 228 to 231 inclusive shall, so far as may be, apply to and in relation to every certificate issued by the central government under section 344b in the same manner as they apply to and in relation to a certificate of survey. 2 the provisions of section 309 a shall apply to and in relation to a nuclear ship surveyed for the purpose of issue of a certificate under section 344b as they apply to and in relation to a ship surveyed for the purpose of issue of a safety convention certificate under part ix. 1 . ins. by act 21 of , s. 30 w.e.f. .

section 344n. of the merchant shipping act : 1344n. port facility assessment.the central government shall carry out port facility assessment in the manner as may be prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344k. of the merchant shipping act : show related subordinates 1344k. definitions.in this part, unless the context otherwise requires, a company means the owner of the ship who, or any organisation which has assumed the responsibility of operation of the ship from the owner of such ship and who or which has agreed to take over all the duties and responsibilities imposed by the international safety management code b declaration of security means an agreement between ships or a ship and a port facility specifying therein the security measures to be complied with c designated authority means such authority as the central government may, by notification in the official gazette, specify d international ship and port facility security code means the code for the security of ships and port facilities provided in the safety convention e port facility means any location or area including anchorages or waiting berths or approaches from seaward and determined by the central government or the designated authority, as the case may be, where interface between ships or a ship and a port takes place f recognised security organisation means any organisation, company, firm or body of individuals having expertise in matters relating to security and knowledge of ship, and port operations, which or who are authorised by the central government by notification in the official gazette, to carry out assessment or verification or approval or certification required by this part or by the international ship arid port facility code g security level means the qualification of the degree of risk associated with the threat or an unlawful act against a ship, or against a port facility or any other area connected therewith h words and expressions used in this part but not defined in this part shall have the respective meanings as assigned to them in the safety convention. 1. ins. by act 40 of , s. 6 w.e.f. . circulars statutory yeardescriptionfiles issuance of document of compliance for the carriage of dangerous goods on indian flag cargo ships ms notice 2 of

section 344j. of the merchant shipping act : 1344j. application.1 subject to subsection 2, this part shall apply to a the following types of ships engaged on international voyages, namely: i passenger ships including high speed passenger craft ii cargo ships including high speed craft of five hundred gross tonnage and above iii mobile offshore drilling units: provided that the central government may extend the application of this part to those ships which are exclusively engaged on coastal voyages b the port facilities serving ships referred to in clause a: provided that the central government may, after taking decision, on the basis of port facility security assessment having carried out under this part, extend the application of this part to those port facilities which, although used primarily by ships not engaged on international voyages, are occasionally required, to serve ships arriving or departing on international voyages. 2 this part shall not apply to war ships, naval auxiliaries, or other ships owned or operated by the central government and used only for noncommercial service by that government. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344l. of the merchant shipping act : 1344l. ship identification number.1 the central government or the designated authority, as the case may be, shall provide every indian ship of one hundred gross tonnage and above and every indian cargo ship of three hundred gross tonnage and above, a ship identification number, which conforms to the relevant scheme formulated by the international maritime organisation. 2 all the certificates issued under this act and all certified copies thereof shall bear the ship identification number. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344o. of the merchant shipping act : 1344o. obligations of companies, etc.every company, ship or port facility shall comply with the relevant requirements under the safety convention and the international code for the security of ships and port facility. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344r. of the merchant shipping act : 1344r. ship security alert system.every indian ship shall be provided with such ship security alert system, as may be prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344m. of the merchant shipping act : 1344m. security measures.1 the central government or the designated authority, as the case may be, shall set security levels taking into consideration human element such as shore leave and provide information thereof to all the indian ships, as may be prescribed. 2 the central government or the designated authority, as the case may be, shall set security levels and provide information thereof to port facilities within india and to every ship prior to entering an indian port or while in a port within india, as may be prescribed: provided that the central government may authorise any recognised security organisation to carry out any of the security measures under this section, on behalf of it, with such conditions as may be prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344p. of the merchant shipping act : 1344p. obligations of port facility.every port facility in india shall comply with the requirement of this part or the rules made thereunder. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344q. of the merchant shipping act : 1344q. international ship security certificate.the central government or the designated authority or the authorised person, as the case may be, shall issue every indian ship to which this part applies, an international ship security certificate or an interim international ship security certificate, as the case may be, in the form and manner as may be prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344s. of the merchant shipping act : 1344s. control measures.every ship to which this part applies shall be subject to such control measures as may be prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 344t. of the merchant shipping act : 1344t. power to make rules.1 the central government may, having regard to the provisions of the safety convention, make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the provisions of subsection 1, such rules may provide a for alternative or equivalent security levels b fee to be levied for any service rendered c any other matter which by this part is to be, or may be, prescribed. 1. ins. by act 40 of , s. 6 w.e.f. .

section 346. of the merchant shipping act : 1 whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several. 2 nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

section 345. of the merchant shipping act : 1 whenever by the fault of two or more ships damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault : provided that a if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally b nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed c nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law. 2 for the purposes of this part, references to damage or loss caused by the fault of a ship shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in law by way of damages.

section 352. of the merchant shipping act : show related subordinates 1352. definitions.in this part, unless the context otherwise requires, a claim means a personal claim or property claim 2b convention means the convention on limitation of liability for maritime claims, as amended from time to time c fund, in relation to a vessel, means the limitation fund constituted under section 352c dliability, in relation to owner of a vessel, includes liability of the vessel herself eoccurrence means an occurrence referred to in subsection 1 of section 352a fpersonal claim means a claim resulting from loss of life or personal injury g property claim means any claim other than a personal claim arising from an occurrence. 3h salvor means any person rendering services in direct connection with salvage operations. explanation.for the purpose of this clause, salvage operations includes i the raising, removal, destruction or the rendering a ship harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such ship ii the removal, destruction or rendering the cargo of a ship harmless and iii the measures taken to avert or minimise loss to a ship or its cargo or both i ship owner means owner, charterer, manager,and operator of a sea going ship j special drawing rights means special drawing rights as determined by the international monetary fund. 1. subs. by act 25 of , s. 16, for section 352 w.e.f. . 2. subs. by act 63 of , s. 16, for clause b w.e.f. . 3. ins. by s. 16, ibid. w.e.f. .

section 347. of the merchant shipping act : 1 whenever loss of life or personal injuries are suffered by a person on board a ship owing to the fault of that ship and of any other ship or ships, and a proportion of the damages is recovered from the owner of one of the ships which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault: provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor. 2 in addition to any other remedy provided by law, the person entitled to any contribution under subsection 1 shall, for the purpose of recovering the contribution, have, subject to the provisions of this act, the same rights and powers as the persons entitled to sue for damages in the first instance.

section 349. of the merchant shipping act : in every case of collision in which it is practicable so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the mate or one of the crew.

section 348. of the merchant shipping act : in every case of collision between two ships it shall be the duty of the master or person in charge of each ship, if and so far as he can do so without danger to his own ship, crew and passengers, if any a to render to the other ship, her master, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision and to stay by the other ship until he has ascertained that she has no need of further assistance, and b to give to the masters or persons incharge of the other ships the name of his own ship and of the port to which she belongs and also the names of the ports from which she comes and to which she is bound.

section 350. of the merchant shipping act : when a ship has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this act in respect of the ship, the owner or master shall, within twentyfour hours after the happening of the accident or damage or as soon thereafter as possible, transmit to the central government or the nearest principal officer a report of the accident or damage and of the probable cause thereof stating the name of the ship, her official number, if any, her port of registry and the place where she is.

section 351. of the merchant shipping act : if the owner or agent of any indian ship has reason, owing to the nonappearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the central government notice in writing of loss and of the probable cause thereof stating the name of the ship, her official number, if any, and her port of registry.

section 352b. of the merchant shipping act : 1352b. limitation of liability.the amount to which any person referred to in subsection 1 of section 352a may limit his liability in accordance with the provisions of the convention and in cases where the provisions of the convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe. 1. subs. by act 63 of , s. 18, for section 352b w.e.f. .

section 352e. of the merchant shipping act : 1352e. scope of application.1 the provisions of this part shall apply whenever any person referred to in subsection 1 of section 352a seeks to limit his liability before the court or seeks to procure the release of a ship or other property or the discharge of any guarantee given within the indian jurisdiction but any person referred to in subsection 1 of section 352a who at the time when the provisions under this part are invoked before any court in india does not have his habitual residence in india or does not have his principal place of business in india or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of the state, which is a party to the convention, is wholly excluded from the provisions of this part. 2 the provisions of this part shall not be applicable to the following vessels unless the central government, by notification, specify otherwise, a ships intended for navigation on or around coast of india and registered as coastal vessels under the provisions of this act b ships less than three hundred tons c aircushion vehicles d floating platforms constructed for the purpose of exploring or exploiting the natural resources of the seabed or the subsoil thereof. 1. subs. by s. 21, ibid., for section 352e w.e.f. .

section 352c. of the merchant shipping act : 352c. limitation fund and consolidation of claims 1.21 where any liability is alleged to have been incurred by a person referred to in subsection 1 of section 352a in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person may apply to the high court for the setting up of a limitation fund for the total sum representing the amounts set out in the convention or the rules made in this behalf under this part applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liability until the date of the constitution of the fund. 2 the high court to which the application is made under subsection 1 may determine the amount of the owners liability and require him to deposit such amount with the high court 3or produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion of the high court is satisfactory and the amount so deposited or guarantee so given shall constitute a limitation fund for the purposes of the claims referred to in subsection 1 and shall be utilised only for the payment of such claims. 3 after the fund has been constituted, no person entitled to claim against it shall be entitled to exercise any right against any other assets of the owner in respect of his claim against the fund, if that fund is actually available for the benefit of the claimant. 4 subject to the provisions of this part, the high court may distribute the amount constituting the fund rateably amongst the several claimants and may stay any proceedings pending in any other court in relation to the same matter and may proceed in such manner and subject to such rules of the high court as to making persons interested parties to the proceedings, and as to the exclusion of any claims which do not come in within a certain time, and as to requiring security from the owner, and as to payment of any costs, as the high court thinks fit. 45 where the person referred to in subsection 1 or his insurer establishes that he has paid is whole or in part any claims in respect of which he can limit his liability under this part, the high court shall place him in the same position and to the same extent in relation to the fund as the claimant whose claim has been paid and allow to acquire by subrogation the rights which the person so compensated would have enjoyed under this part: provided that the right of subrogation provided for in this subsection may also be exercised by persons other than those therein mentioned in respect of any amount of compensation which they might, have paid to that extent if prescribed by the rules made in this behalf under this part. 6 where the person liable or any other person has established that he may at a later date be required to pay in whole or in part, any of the claims under this part, which could be settled from the fund, the high court may notwithstanding the foregoing provisions of this section order that a sufficient sum may be provisionally set aside for the purpose to enable the person to enforce his claim against the fund at a later date in accordance with the provisions of subsection 5. 7 if the owner is entitled to make a claim against a claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this part shall only apply to the balance, if any. 1. the words against owner omitted by s. 19, ibid. w.e.f. . 2. subs. by s. 19, ibid., for subsection 1 w.e.f. . 3. subs. by act 63 of , s. 19, for certain words w.e.f. . 4. subs. by s. 19, ibid., for subsections 5 and 6 w.e.f. .

section 352a. of the merchant shipping act : 1352a. limitation of liability for damages in respect of certain claims.1 the ship owner, salvor, any person for whose act, neglect or default the ship owner or salvor, as the case may be, is responsible, and an insurer of liability for claims to the same extent as the assured himself, may limit his liability as provided under section 352b in respect of, a claims arising from loss of life of or personal injury to, or loss of or damage to, property including damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom b claims arising out of loss resulting from delay in the carriage by sea of cargo and passengers or their luggage c claims arising out of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations d claims of a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with the provisions of the convention or the rules made in this behalf prescribe, as the case may be, and such further loss caused by such measures e claims for the loss of life or personal injury to passengers of a ship brought by or on behalf of any person, i under the contract of passenger carriage or ii who, with the consent of the carrier, is accompanying a vehicle for live animals which are covered by a contract for the carriage of goods, carried in that ship: provided that the limits for passengers claim specified in the rules made under this part shall not be applicable to the passengers carried in and around the coast of india in respect of whom separate limits shall be prescribed. 2 claims set out in subsection 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise: provided that claims set out in clause d of subsection 1 shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable. 3 nothing in this section shall apply to a claims for salvage or contribution in general average b claims for oil pollution damage within the meaning of the international convention on civil liability for oil pollution damage, as amended from time to time c claims by servants of the ship owner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependents or other persons entitled to make such claims, if under the law governing the contract of service between the ship owner or salvor and such servants of the ship owner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in the provision of the convention or the rules made under this part prescribe d claims subject to any international convention or any law for the time being in force in india governing or prohibiting limitation of liability for nuclear damage e claims against the ship owner of a nuclear ship for nuclear damage. explanation 1.for the purpose of this section, the act of involving limitation of liability shall not constitute an admission of liability. explanation 2. for the purpose of this part, the liability of a ship owner shall include liability in an action brought against the ship herself. 1. subs. by s. 17, ibid., for section 352a w.e.f. .

section 352d. of the merchant shipping act : 1 where a vessel or other property is detained in connection with a claim which appears to the high court to be founded on a liability to which a limit set by section 352b applies, or security is given to prevent or obtain release from such detention, the high court may, and in the circumstances mentioned in subsection 3 of this section shall, order the release of the vessel, property or security if the conditions specified in subsection 2 are satisfied and where the release is ordered, the person on whose application it is ordered shall be deemed to have submitted to the jurisdiction of the high court to adjudicate upon the claim. 2 the conditions referred to in subsection 1 are a that security which in the opinion of the high court is satisfactory in this section referred to as guarantee has previously been given whether in india or elsewhere, in respect of the said liability or any other liability incurred on the same occasion and the high court is satisfied that if the claim is established, the amount for which the guarantee was given or such part thereof as corresponds to the claim will be actually available to the claimant and b that either the guarantee is for an amount not less than the said limit or further security is given which, together with the guarantee, is for an amount not less than that limit. 3 the circumstances referred to in subsection 1 are that the guarantee was given in a port which, in relation to the claim, is the relevant port for as the case may be, a relevant port and that port is in a convention country. 4 for the purposes of this section a a guarantee given by the giving of security in more than one country shall be deemed to have been given in the country in which security was last given b any question whether the amount of any security is either by itself or together with any other amount not less than any limit set by section 352b shall be decided as at the time at which the security is given c where part only of the amount for which a guarantee was given will be available to a claimant that part shall not be taken to correspond to his claim if any other part may be available to a claimant in respect of a liability to which no limit is set as mentioned in subsection 1. 5 in this section 1a convention country means a country in which the convention on limitation of liability for maritime claims, as amended from time to time is for the time being in force b relevant port, in relation to any claim, means a port where the event giving rise to the claim occurred, or if that event did not occur in that port, the first port of call after the eventoccurred and includes in relation to a claim for loss of life or personal injury or for damage to cargo, the port of disembarkation or discharge. 26 notwithstanding anything contained in subsections 1 to 4, the vessels or other property referred to in subsection 1 shall be ordered to be released if the limitation fund has been constituted, a in the port where the occurrence took place, or, if it took place out of port, in the first port of call thereafter b in the port of disembarkation in respect of claims for loss of life or personal injury or c in the port of discharge in respect of damage to cargo. 7 the provision of subsection 6 shall apply only if the claimant brings a claim against the limitation fund before the high court administering the fund and the fund is actually available and freely transferable in respect of that claim. 1. subs. by act 63 of , s. 20, for clause a w.e.f.. 2. ins. by s. 20, ibid. w.e.f. .

section 352f., of a vessel. of the merchant shipping act : 1 subject to the provisions of subsection 2, the provisions of this part relating to limitation of liability of an owner of a vessel in respect of claims arising out of an occurrence shall apply to the charterer, manager and operator of the vessel and to the master, members of the crew and other servants of the owner, charterer. manager or operator acting in the course of their employment in the same manner as they apply in relation to the owner. provided that the total limits of liability of the owner and all other persons referred to in this subsection in aspect of personal claims and property claims arising on a distinct occasion shall not exceed the amounts determined in accordance with the provisions of section 352b. 2 the master or a member of the crew of a vessel may limit his liability under subsection 1 even if the occurrence which gives rise to a claim against him resulted from the actual fault or privity of the master and the members of the crew or any one or more of them : provided that where the master or a member of the crew is at the same time the owner, coowner, charterer, manager or operator of a vessel, the provisions of this subsection shall only apply where such occurrence resulted from any act, neglect or default committed by the master or, as the case may be, the member of the crew in his capacity as master, or, as the case may be, us a member of the crew.

section 352h. of the merchant shipping act : 1352h. definitions.in this part, unless the context otherwise requires, a incident means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage b liability convention means the international convention on civil liability for oil pollution damage, as amended from time to time c oil means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship d owner means i the person registered as owner of the ship ii in the absence of registration, the person owning the ship or iii in the case of a ship owned by a foreign state, the person registered in that state as operator of the ship e person means any individual or partnership or any public or private body, whether corporate or not, including a state or any of its constituent subdivisions f pollution damage means i loss or damage caused outside the ship by contamination resulting from escape or discharge of oil from the ship, wherever such escape or discharge occurs, provided that compensation for impairment of the environment other than losses or profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken ii the costs of preventive measures and further loss or damage caused by such measures g preventive measures means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage h ship means any seagoing vessel and sea borne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard i state of the ships registry, in relation to registered or unregistered ships, means the state of registration of the ship, or as the case may be, the state whose flag the ship is flying. 1 . subs. by act 63 of , s. 23, for section 352h w.e.f. .

section 352fa. of the merchant shipping act : show related subordinates 1352fa. power to make rules.the central government may make rules to carry out the purposes of this part: provided that the rules under this part shall be made having regard to the provisions of the convention. 1. ins. by act 63 of , s. 22 w.e.f. .

section 352g. of the merchant shipping act : 1352g. application.this part applies to a every indian ship wherever it is and b every foreign ship while it is at a port or place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, , or any other law for the time being in force. 1. ins. by act 12 of , s. 10 w.e.f. .

section 352p. of the merchant shipping act : 1 no indian ship, which has on board tons or more oil in bulk as cargo shall enter or leave or attempt to enter or leave any port or place in india unless it carries on board a certificate issued under subsection 2 of section 352n or a certificate accepted under section 352o. 2 no ship other than an indian ship carrying tons or more oil in bulk as cargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in india, unless it carries on board a certificate issued under subsection 3 of section 352n or a certificate accepted under section 352o. 3 no customs officer shall grant inward entry or outward clearance to any ship to which subsection 1 or, as the case may be, subsection 2 applies, unless its master produces a certificate required under the respective subsection.

section 352i. of the merchant shipping act : 1 save, as otherwise provided in subsections 2, 3 and 4, the owner at the time of an incident, or, where the incident consists of a series of occurrence at the time of first of such occurrences, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident. 2 no liability for pollution damage shall attach to the owner under subsection 1, if he proves that the pollution damage a resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character or b was wholly caused by an act or omission done with intent to cause such damage by any other person or c was wholly caused by the negligence or the wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. 3 where, with respect to any incident the owner proves that the pollution damage resulted, either wholly or partially, from an act or omission done, with intent to cause such damage, by the person who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, as the case may be, partially, from liability to that person. 14 when any incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under subsection 3, shall be jointly and severally liable for such damage which is not reasonably separable. 5 no claim for pollution damage shall be made against any owner otherwise than in accordance with the provisions of this section. 26 without prejudice to any right of recourse of the owner against third parties, no claim for compensation for pollution damage may be made against a the servants or agents of the owner or the members of the crew b the pilot or any other person who, without being a member of the crew, renders services for the ship c any charterer howsoever described, including a bareboat charterer, manager or operator of the ship d any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority e any person taking preventive measures f all servants or agents of persons mentioned in clauses c, d and e, unless the incident causing such damage occurred as a result of their personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. 1. subs. by act 63 of , s. 24, for subsection 4 w.e.f. . 2. subs. by act 63 of , s. 24, for subsection 6 w.e.f. .

section 352o. of the merchant shipping act : any certificate issued by a competent authority in any country outside india to a ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the international convention on civil liability for oil pollution damage signed at brussels on the 29th day of november, as amended from time to time to any ship wherever registered, shall be accepted at any port or place in india as if it were issued under this act. 1. ins. by s. 6, ibid. w.e.f. .

section 352j. of the merchant shipping act : 1352j. limitation of liability.1 the owner shall be entitled to limit his liability under this part, in respect of any one or more incident, as may be prescribed. 2 the owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result. 1. subs. by s. 25, ibid., for section 352j w.e.f. .

section 352l. of the merchant shipping act : 1 where the owner or any of his servants or agents or any other person providing him insurance or other financial security has, as a result of incident in question, paid any compensation to any claimant, such person shall, up to the amount so paid by him, be entitled to acquire by subrogation the rights to which the claimant so compensated would be entitled to. 2 where the owner or any other person providing him insurance or other financial security establishes that he may, at a later date, be compelled to pay to any person, in whole or in part, any amount by way of compensation for pollution damage caused by the incident with respect to which he would have been entitled to acquire by subrogation the right of the claimant had the compensation been paid before the fund was distributed, the high court may order that sufficient amount from the fund may provisionally be set aside to enable the owner or such other person to enforce his claim against the fund at a later date.

section 352r. of the merchant shipping act : show related subordinates the central government may make rules prescribing a the form of certificate to be issued by the directorgeneral under subsection 2 of section 352n and the particulars which it may contain b fees which may be charged for issue of certificates under section 352n. 1c the limits of liability of owner in respect of one or more incident of pollution damage or other requirements having regard to the provisions of the liability convention. 1. ins. by act 63 of , s. 26 w.e.f. .

section 352k. of the merchant shipping act : 1 a any owner desiring to avail of the benefit of limitation of his liability under subsection 1 of section 352j shall make an application to the high court for constitution of a limitation fund hereafter in this part referred to as fund. b such fund may be constituted either by depositing the sum with the high court or by furnishing bank guarantee or such other security as, in the opinion of the high court, is satisfactory. 2 a the insurer or any other person providing financial security to the owner may apply to the high court for constitution of the fund under subsection 1 and any fund so constituted shall have the same effect as it were constituted by the owner. b such fund may be constituted even in cases where subsection 2 of section 352j applies but in any such event constitution of the fund shall not prejudice the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fund. 13 the amount in special drawing rights to be deposited or secured in the fund under subsection 1 shall be converted in rupees on the basis of official value in rupees of the special drawing rights as determined by the reserve bank of india on the date of constitution of the fund. 1. subs. by act 55 of , s. 4, for subsection 3 w.e.f. .

section 352q. of the merchant shipping act : nothing in this part shall apply to any ship of war or any ship for the time being used by the government of any country for purposes other than commercial purposes.

section 352m. of the merchant shipping act : 1 the high court shall consolidate all claims against the fund including those arising under section 352l. 2 any claim in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimise pollution damage shall rank equally with other claims against the fund. 3 subject to the provisions of subsection 2 of section 352l, the high court shall distribute the amount in the fund among all claimants in proportion to their established claims.

section 352n. of the merchant shipping act : show related subordinates 1 the owner of every indian ship which carries tons or more oil in bulk as cargo shall, in respect of such ship, maintain an insurance or other financial security for an amount equivalent to 1a one hundred and thirtythree special drawing rights for each ton of the ships tonnage or b fourteen million special drawing rights, whichever is lower. 2 in respect of every indian ship which maintains insurance or other financial security under subsection 1, there shall be issued by the directorgeneral a certificate in such form and giving such particulars as may be prescribed. 3 on an application by the owner or agent of any foreign ship, the directorgeneral may issue a certificate under subsection 2 in respect of such foreign ship on production of satisfactory evidence relating to maintenance of insurance or other financial security in accordance with the provisions of the international convention on civil liability for oil pollution damage signed at brussels on the 29th day of november, as amended from time to time. 4 for every certificate issued under subsections 2 and 3 there shall be charged such fee as may be prescribed. 1. subs. by act 55 of , s. 5, for clauses a and b w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 352t. of the merchant shipping act : 1352t. contribution to the fund.1 contributions to the fund, in respect of contributing oil carried by sea to ports or terminal installations in india, shall be payable in accordance with articles 10 and 12 of the fund convention. 2 subsection 1 shall apply whether or not the contributing oil is imported, and notwithstanding that contributions are payable to the fund in respect of carriage of the same contributing oil on a previous voyage. 3 contributions shall also be payable to the fund in respect of contributing oil when first received in any installation in india after having been carried by sea and discharged in a port or terminal installation in a country which is not a fund convention country. 4 the person liable to pay contributions to the fund shall be a in case of contributing oil which is being imported into india, the importer or b in any other case, the person by whom the oil is received in india. 5 a person shall not be liable to pay contributions to the fund in respect of the contributing oil imported or received by him in any year if the quantity of contributing oil so imported or received in the year does not exceed one hundred and fifty thousand tones or as may be specified from time to time in the fund convention. 1. ins. by s. 27, ibid. w.e.f. .

section 352x. of the merchant shipping act : 1352x. jurisdiction of courts.1 any action for a claim against the fund for compensation under section 352w shall be brought before the high court. 2 the fund shall have the right to intervene as a party to any legal proceedings instituted in the high court against the owner or his guarantor. 3 where an action for compensation for pollution damage has been brought against the owner or his guarantor before the high court each party to the proceedings may notify the fund of the proceedings. 4 where such notice of proceedings has been given to the fund, any judgment given in the proceedings shall, after it has become final and enforceable, become binding upon the fund in the sense that the facts and evidence in that judgment may not be disputed by the fund on the ground that it has not intervened in the proceedings. 1. ins. by s. 27, ibid. w.e.f. .

section 352s. of the merchant shipping act : 1352s. definitions.in this part, unless the context otherwise requires, a contributing oil means crude oil and fuel oil. explanation.for the purposes of this clause, i crude oil means any liquid hydro carbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed or to which certain distillate fractions have been added ii fuel oil means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the american society for testing and materials specification for number four fuel oil designation d 396 69, or heavier b discharge or escape, in relation to pollution damage, means the discharge or escape of oil carried by the ship c fund means the international oil pollution compensation fund established by the fund convention d fund convention means the international convention on the establishment of an international fund for compensation for oil pollution damage, as amended from time to time e fund convention country means a country in which the fund convention is for the time being in force f guarantor means any person providing insurance or other financial security to cover the owners liability g terminal installation means any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated offshore and linked to such site h ton, in relation to oil, means a metric ton. 1. ins. by s. 27, ibid. w.e.f. .

section 352za. of the merchant shipping act : show related subordinates 1352za. power to make rules.the central government may make such rules as may be required to carry out the purposes of the fund convention. 1. ins. by s. 27, ibid. w.e.f. .

section 352u. of the merchant shipping act : 1352u. contribution payable by persons to the fund.1 the contributions payable to the fund by a person for any year shall be, a such amount as may be determined by the assembly of the fund under articles 10 and 12 of the fund convention b in such installments, becoming due at such dates, as may be notified and if any amount due from such person remains unpaid after the date on which it became due, it shall from that due date bear interest at a rate determined by the said assembly until it is paid. 2 the central government may require persons, who are or may be liable to pay contributions to the fund under section 352t, to give financial security for payment of contributions to that government or the fund. 1. ins. by s. 27, ibid. w.e.f. .

section 354. of the merchant shipping act : show related subordinates the master of any indian ship on meeting with dangerous ice, a dangerous derelict, a tropical storm or any other direct danger to navigation 1or on encountering subfreezing air temperatures associated with galeforce winds, causing severe ice accretions on super structures or strong gales for which no storm warning has been received by him shall send information accordingly by all means of communication at his disposal and in accordance with such rules as the central government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. explanation.for the purpose of this section the expression tropical storm means a hurricane typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. 1. ins. by act 21 of , s. 31 w.e.f. .

section 352v. of the merchant shipping act : 1352v. power to call for information.1 the central government may, for the purpose of transmitting to the fund the names and addresses of the persons who under section 352t are liable to make contributions to the fund every year and the quantity of contributing oil in respect of which they are so liable, by notice require any such person to furnish such information as may be specified therein. 2 a notice under this section may require a person to give such information as may be required to ascertain whether he is liable to contribute to the fund. 3 a notice under this section may specify the manner in which, and the time within which, such notice is to be complied with. 4 in proceedings by the fund against any person to recover any amount due under section 352t, particulars contained in any list transmitted by the central government to the fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. 5 no person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made, a with the consent of the person from whom the information was obtained b in connection with the compliance of this section c for the purpose of any legal proceedings arising out of this section or of any report of such proceedings. 6 a person who, a refuses or willfully neglects to comply with a notice under this section or b makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this act. 1. ins. by s. 27, ibid. w.e.f. .

section 352w. of the merchant shipping act : 1352w. liability of the fund.where any person suffering pollution damage has been unable to obtain the full and adequate compensation for the damage under the terms of the liability convention on any of the grounds specified in article 4 of the fund convention, the fund shall be liable for pollution damage in accordance with the provisions of the fund convention. 1. ins. by s. 27, ibid. w.e.f. .

section 352y. of the merchant shipping act : 1352y. extinguishment of claims.notwithstanding anything contained in any other law for the time being in force, no action to enforce a claim against the fund under this part shall be entertained by a high court unless a the action to enforce is commenced or b notice of action to enforce a claim against the owner or his guarantor in respect of the same pollution damage is given to the fund, within three years from the date when the damage occurred: provided that in no case an action to enforce a claim shall be brought after six years from the date of the incident that caused such damage. 1. ins. by s. 27, ibid. w.e.f. .

section 352z. of the merchant shipping act : 1352z. subrogation and right of recourse.in respect of any sum paid by a public authority in india or the fund, as the case may be, as compensation for pollution damage, that authority shall acquire by subrogation any rights which the person so compensated would have enjoyed under the fund convention. 1. ins. by s. 27, ibid. w.e.f. .

section 353. of the merchant shipping act : show related subordinates no person on any indian ship shall, when the ship is going ahead, give a helm or steering order containing the word starboard or right or any equivalent of starboard or right unless he intends that the head of the ship shall move to the right or give a helm or steering order containing the word port or left or any equivalent of port or left unless he intends that the head of the ship shall move to the left.

section 354a. of the merchant shipping act : show related subordinates 1.354a. communication of intelligence regarding dangers to navigation.1 where an authority prescribed under section 354 receives intelligence from any source of any danger to navigation mentioned in that section, that authority shall, as soon as possible, communicate such intelligence to such ships and authorities as he may deem proper. 2 the intelligence shall be communicated in such manner and subject to such terms and conditions as may be prescribed: provided that no fees shall be levied for communicating any intelligence under this section to a ship. 1. ins. by act 21 of , s. 32 w.e.f. .

section 355. of the merchant shipping act : show related subordinates 1 the master of an indian ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of subsection 3 or subsection 4. 2 where the master of any ship in distress has requisitioned any indian ship that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of subsection 4. 3 the master shall be released from the obligation imposed by subsection 1 as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned. 4 the master shall be released from the obligation imposed by subsection 1, and if his ship has been requisitioned, from the obligation imposed by subsection 2, if he is informed by the persons in distress or by the master of any ship that has reached the persons in distress that assistance is no longer required. 5 if the master of an indian ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forth with cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of those persons. 6 the master of every indian ship for which an official log is required shall enter or cause to be entered in the official log book every signal of distress or message that a vessel, aircraft or person is in distress at sea.

section 355a. of the merchant shipping act : show related subordinates 1355a. obligation to render assistance to persons in danger. 1 the master of every indian ship shall render assistance to every person found at sea in danger of being lost, unless he is unable or, in the special circumstances of the case, considers that such assistance cannot be rendered without serious danger to his ship, or the persons thereon. 2 if the master of an indian ship is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person. 1. ins. by s. 33, ibid. w.e.f. .

section 356e. of the merchant shipping act : show related subordinates 12356e. requirement for construction and equipment in ships to prevent pollution.for the purpose of preventing or reducing discharges of harmful substances or mixtures containing such substances from the oil tankers or other ships, the central government may make rules requiring indian oil tankers and other indian ships to be fitted with such equipment and to comply with such requirements for construction, survey of equipment and structure of such oil tankers or other ships and specifying conditions for making of surveys of all oil tankers or other ships, as may be prescribed, prior to issuing an international pollution prevention certificate. explanation.for the purposes of this section, harmful substance means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control by the convention. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356d. of the merchant shipping act : 12356d. issue of certificates for foreign ships in india and indian ships in foreign countries.1 the central government may, at the request of the government of a country to which the convention applies, cause any international pollution prevention certificate to be issued in accordance with the convention in respect of an oil tanker or other ship in that country, if it is satisfied that such certificate can properly be issued, and where a certificate is so issued, it shall contain a statement that it has been issued on request. 2 the central government may request the government of a country to which the convention applies, to issue any international pollution prevention certificate in accordance with the convention in respect of a ship and the certificate issued in pursuance of such a request containing a statement that it has been so issued shall have the same effect as if it had been issued by the central government under this act. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356a. of the merchant shipping act : show related subordinates 1 2356a. application.1 save as otherwise provided, this part shall apply to a oil tankers of one hundred and fifty tons gross or more, other ships of four hundred tons gross or more and offshore installations and b incidents of marine casualty or acts relating to such casualty occurring with grave and imminent danger to indian coast line or related interests from pollution or threat of pollution in the sea by deliberate, negligent or accidental release of oil, ballast water, noxious liquid and other harmful substances into sea including such incidents occurring on the high seas. 2 this part shall not apply to any war ships or other ships owned or operated by the government and used for the time being on government noncommercial service. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356f. of the merchant shipping act : show related subordinates 12356f. record books.1 every indian oil tanker or other indian ship which carries a substance subject to control by the convention shall maintain, as may be required, record books in the prescribed forms, on board the oil tanker or other ship. 2 the manner in which record books shall be maintained, the nature of entries to be made therein, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the convention. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356. of the merchant shipping act : show related subordinates the central government may, subject to the condition of previous publication, make rules prescribing a the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom, such information is to be communicated 1aa the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence b the signals which shall be 2signals of distress, urgency and of safety, respectively c the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked and d the speed at which any message sent by 3radio telegraphy or telephony in connection with such signal is to be transmitted. 1. ins. by act 21 of , s. 34 w.e.f. . 2. subs. by s. 34, ibid., for signals of distress and of urgency w.e.f. . 3. subs. by s. 34, ibid., for radio telegraphy w.e.f. .

section 356b. of the merchant shipping act : show related subordinates 12356b. definitions.in this part, unless the context otherwise requires, a ballast means any solid or liquid placed in a ship to increase the draft to change the trim, to regulate the stability, or to maintain stress load within such limits as may be prescribed b cargo includes ballast and ships stores and fuel c coasts has the meaning assigned to it in section 357 d coastal waters means any part of the territorial waters of india, or any marine areas adjacent thereto over which india has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of , or any other law for the time being in force e convention means the international convention for the prevention of pollution from ships, , including its protocol of , as amended from time to time in the manner specified therein f international pollution prevention certificate means any certificate issued in accordance with the provisions of pollution prevention conventions and protocols thereto which are acceded to by india g mile means a nautical mile of 1,852 meters h noxious liquid substance means any substance which has been designated as such by rules made under this part i offshore installation means an installation, whether mobile or fixed, which is used or is intended to be used for underwater exploration or exploitation of crude oil, petroleum or other similar mineral oils, under lease, licence or any other form of contractual arrangement and includes a any installation which could be moved from place to place under its own motive power or otherwise and b a pipeline j oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products k oily mixture means a mixture with any oil content l oil tanker means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes any combination carrier or any chemical tanker when it is carrying a cargo or part cargo of oil in bulk m reception facilities, in relation to a port, means facilities for enabling tankers or ships using the port to discharge or deposit residue or mixture of any substance subject to control by the convention n ship means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft and fixed or floating platforms. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356c. of the merchant shipping act : show related subordinates 12356c. issue of pollution prevention certificate.1 no indian oil tanker or other indian ship shall proceed to sea unless there is in force, in respect of that ship, a certificate issued by the central government, to be called an international oil pollution prevention certificate, in such form, for such duration and subject to such conditions as may be prescribed. 2 no indian oil tanker or other indian ship carrying noxious liquid substances in bulk shall proceed to sea except with a certificate issued by the central government, to be called an international pollution prevention certificate, in such form, for such duration and subject to such conditions as may be prescribed for the carriage of noxious liquid substances in bulk. 3 no indian oil tanker or other indian ship to which annexure iv of the convention applies shall proceed to sea except with a certificate issued by the central government, to be called an international sewage pollution prevention certificate, in such form, for such duration and subject to such conditions as may be prescribed. explanation.for the purposes of this subsection, sewage means i drainage and other waste from any form of toilets, urinals and water closet scuppers ii drainage from medical premises dispensary, sick bay and other like places via wash basins, wash tubs and scuppers located in such premises iii drainage from spaces containing living animals or iv other waste water when mixed with the drainages specified above. 4 a valid international pollution prevention certificate issued in respect of an oil tanker or a ship, other than an indian ship, by the government of the country to which the ship belongs shall, subject to such rules as the central government may make in this behalf, have the same effect in india as the corresponding certificate issued in respect of an indian ship has under this part. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356i. of the merchant shipping act : 1356i. oil reception facilities at ports in india.1 notwithstanding anything contained in any other law for the time being in force, in respect of every port in india, the powers of the port authority shall include the power to provide 2reception facilities. 2 a port authority providing 2reception facilities or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the official gazette, by the central government in respect of the port. 3 where the central government is satisfied that there are no 2 reception facilities at any port in india or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the convention, the central government may, after consultation with the port authority in charge of such port, direct, by order in writing, such authority to provide or arrange for the provision of such 2reception facilities as may be specified in the order. 4 the central government may, by notification in the official gazette, specify the ports in india having 2reception facilities in accordance with the requirements of the convention. explanation.for the purpose of this section, port authority means, a in relation to any major port, the board of trustees in respect of that port constituted under any law for the time being in force b in relation to any other port, the conservator of the port, within the meaning of section 7 of the indian ports act, 15 of . 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 3, for oil reception facilities w.e.f. .

section 356g. of the merchant shipping act : 12356g. inspection and control of oil tankers and other ships to which this part applies.1 a surveyor or any person authorised in this behalf may go, at any reasonable time, on board an oil tanker or other ship to which any of the provisions of this part applies, for the purposes of a ensuring that the prohibitions, restrictions and obligations imposed by or under this part are complied with b satisfying himself about the adequacy of the measures taken to prevent pollution c ascertaining the circumstances relating to an alleged discharge of a substance which is subject to control by the convention from the oil tanker or other ship in contravention of the provisions of this part d inspecting any record required to be maintained on board and e checking the validity of the international pollution prevention certificate. 2 the surveyor or any such person may, if necessary, make, without unduly delaying the oil tanker or the other ship, a true copy of any record of the oil tanker or the other ship and may require the master of such tanker or ship to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356o. of the merchant shipping act : show related subordinates 1356o. power to make rules.1 the central government may, having regard to the provisions of the convention, make rules to carry out the purposes of this part. 2 in particular and without prejudice to the generality of the provisions of subsection 1, such rules may 2a prescribe the limits of ballast, and designate noxious liquid substances, under clauses a and h, respectively, of section 356b b prescribe the forms in which, the duration for which and the conditions subject to which, various international pollution prevention certificates shall be issued under section 356pc bb prescribe the period within which, the manner in which and the conditions for making surveys of oil tankers or other ships prior to issuing an international pollution prevention certificate and the requirements as to equipment which are to be fitted for prevention of pollution by an oil tanker and other ship under section 356e c prescribe the forms of 3record books for tankers and other ships the manner in which such books shall be maintained, the nature of the entries to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto for the purposes of section 356f d prescribe the fees which may be levied for inspection of 4various equipments required under the convention and the manner in which such fees may be collected 5 6ee any other matter which, for the implementation of the convention, has to be or may be prescribed. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 6, for clauses a and b w.e.f. . 3. subs. by s. 6, ibid., for oil record books w.e.f. . 4. subs. by s. 6, ibid., for certain words w.e.f. . 5. clause e repealed by act 28 of , s. 239 and the fifteenth schedule w.e.f. . 6. ins. by act 59 of , s. 6 w.e.f..

section 356h. of the merchant shipping act : 12356h. information regarding contravention of provisions of convention.1 if, on report from a surveyor or other person authorised to inspect an oil tanker or other ship under section 356g, the directorgeneral is satisfied that any provision of the convention has been contravened by such oil tanker or other ship within the coastal waters, the directorgeneral or any officer authorised by him in this behalf, may a detain the oil tanker or other ship until the causes of such contravention are removed to the satisfaction of the directorgeneral or the officer authorised by him and b proceed against such oil tanker or other ship for recovery of cost of pollution damage, if any, and the cost of prevention of pollution damage and cleaning of such pollution provided that where the directorgeneral deems it necessary, he may request the indian navy or the coast guard for preventing the oil tanker or other ship from proceeding to sea, and the indian navy or the coast guard, as the case may be, shall take action as requested by the directorgeneral: 2 on receipt of information from the government of any country to which the convention applies that an indian oil tanker or other ship has contravened any provision of the convention, the central government may, if it deems it necessary so to do, request such government to furnish further details of the alleged contravention and if satisfied that sufficient evidence is available to establish contravention of any of the provisions of this part or the rules made thereunder, take appropriate action against the owner or master of the concerned oil tanker or other ship and intimate the reporting government of the action so taken. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 2, for sections 356a to 356h w.e.f. .

section 356j., of polluting ship. of the merchant shipping act : show related subordinates 1356j. power to give a notice to owner, etc., of polluting ship.1 where the central government is satisfied that a 2oil or noxious liquid substance is escaping or is likely to escape from a tanker, a ship other than a tanker or any offshore installation and b the 2oil or noxious liquid substance so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of india, it may, for the purpose of minimising the pollution already caused, or, for preventing the pollution threatened to be caused, require i the owner, agent, master or charterer of the tanker, ii the owner, agent, master or charterer of the ship other than a tanker, iii the owner, agent, master, charterer or operator of a mobile offshore installation, iv the owner, operator, lessee or licensee of offshore installation of any other type, or all or any of them, by notice served on him or as the case may be on them, to take such action in relation to the tanker, ship other than a tanker, mobile offshore installation, or, as the case may be, offshore installation of any other type or its cargo or in relation to both, as may be specified in such notice. 2 without prejudice to the generality of subsection 1, the notice issued under that subsection may require the person or persons on whom such notice is served to take action relating to any or all of the following matters, namely: a action for preventing the escape of 3oil or noxious liquid substance from the tanker, ship other than a tanker mobile offshore installation or offshore installation of any other type b action for removing 3oil or noxious liquid substance from the tanker, ship other than a tanker, mobile offshore installation or offshore installation of any other type in such manner, if any, and to such place, if any, as may be specified in the notice c action for removal of the tanker, ship other than a tanker, mobile offshore installation or offshore installation of any other type to a place, if any, as may be specified in the notice d action for removal of the 3oil or noxious liquid substance slicks on the surface of the sea in such manner, if any, as may be specified in the notice e action to disperse the 3oil or noxious liquid substance slicks on the surface of the sea in such manner, if any, as may be specified in the notice. 3 the central government may, by any notice issued under subsection 1, prohibit the removal a of the tanker, ship other than a tanker, mobile offshore installation or offshore installation of any other type, from a place specified in the notice b from the tanker, ship other than a tanker, mobile offshore installation or offshore installation of any other type, of any cargo or stores as may be specified in the notice, except with its previous permission and upon such conditions, if any, as may be specified in the notice. 4 notwithstanding anything contained in subsection 2, the central government may, if it is of the opinion that the pollution caused or likely to be caused has or may present a grave emergency, proceed to take such measures as may be deemed necessary and any measures so taken shall be deemed to have been taken under section 356k. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs by s. 4, ibid., for oil w.e.f.. 3. subs. by act 59 of , s. 5, for oil w.e.f..

section 356k. of the merchant shipping act : show related subordinates 1356k. powers to take measures for preventing or containing 2oil or noxious liquid substance pollution.1 where any person fails to comply, or fails to comply in part, with any notice served on him under section 356j, the central government may, whether or not such person is convicted of an offence under this part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for i carrying out the directives given in the notice issued under section 356j and ii containing the pollution already caused or preventing the pollution threatened to be caused, of coastal waters or, as the case may be, of any part of the coast of india by 2oil or noxious liquid substance escaped or threatening to escape from the tanker, a ship other than a tanker, a mobile offshore installation or offshore installation of any other type. 2 subject to the provisions of part xb, any expenditure or liability incurred by the central government in, or by reason of, the exercise of powers under subsection 1 in relation to any tanker, ship other than a tanker, mobile offshare installation or offshore installation of any other type in respect of which a notice had been issued under section 356j, or its cargo of 3oil or noxious liquid substance that had escaped or was discharged into the sea, shall be a debt due to the central government by the person or persons on whom the notice was served and may be recovered from that person, or as the case may be, from all or any of those persons and shall be a charge upon all or any tanker, ship other than a tanker, mobile offshore installation or offshore installation of any other type owned by that person or persons which may be detained by the central government until the amount is paid: provided that provisions of part xb of this act shall not apply to measures taken in respect of any offshore installation which is not a ship within the meaning of this act except that in the event of pollution damage caused by any such offshore installation the person who is liable for the damage may claim exoneration from any liability if he proves that such damage a resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character or b was wholly caused by an act or omission done with intent to cause that damage by any other person or c was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other nevigational aids in exercise of its functions in that behalf. 1. subs. by act 12 of , s. 11, for part xia w.e.f. . 2. subs. by act 59 of , s. 5, for oil w.e.f.. 3. subs. by act 59 of , s. 5, for oil w.e.f.

section 356m.. of the merchant shipping act : 1356m. oil pollution cess.rep. by the finance act, 28 of , section 239 and the fifteenth schedule w.e.f.. 1. subs. by act 12 of , s. 11, for part xia w.e.f. .

section 356l. of the merchant shipping act : show related subordinates 1356l. power of the central government to give directions to certain ships to render certain services.1 where for the purposes of taking any measures under subsection 1 of section 356k, services of any indian ship becomes necessary for i lightening or transporting any cargo or equipment from or to the polluting ship or ii providing any assistance to any other ship or equipment engaged in rendering services under clause i, the central government may, if it deems it necessary so do, direct, by an order in writing, the owner of any indian ship, tug, barge or any other equipment to provide such services or assistance as may be specified in that order. 2 the owner of any ship, tug, barge or any other equipment with respect to which an order under subsection 1 has been made shall be entitled to tariff rates of freight and charter hire at reasonable rates having regard to current market conditions: provided that where tariff rates of freight are not fixed or where there is any dispute about reasonable rate of charter hire, the freight or, the case may be, charter hire, shall be paid at such rates as may be fixed by the directorgeneral by an order in writing. 3 where in pursuance of the proviso to subsection 2, the directorgeneral makes any order fixing rates of freight or charter hire, he shall determine reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as he may deem necessary. 1. subs. by act 12 of , s. 11, for part xia w.e.f. .

section 356n.. of the merchant shipping act : 1356n. refusal of port clearance.rep. by the finance act, 28 of , section 239 and the fifteenth schedule w.e.f.. 1. subs. by act 12 of , s. 11, for part xia w.e.f. .

section 356q. of the merchant shipping act : show related subordinates 1356q. definitions.in this part, unless the context otherwise requires, a antifouling system means a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms b authority means i the government of india under whose authority the ship is operating ii with respect to a ship entitled to fly a flag of any other country, the government of that country and iii with respect to floating platforms engaged in exploration and exploitation of the seabed and subsoil thereof adjacent to indian coast over which government of india exercises sovereign rights for the purposes of exploration and exploitation of its natural resources including floating storage units and floating production storage and offloading units, the government of india c committee means the marine environment protection committee of the organisation d convention means the international convention on the control of harmful antifouling systems on ships, e gross tonnage means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 to the international convention on tonnage measurement of ships, , or any successor convention as ratified or acceded to or adopted by the government of india f international voyage means a voyage by a ship entitled to fly the flag of one state to or from a port, shipyard, or offshore terminal under the jurisdiction of another state g length means the length as defined in the international convention on load lines, , as modified by the protocol of relating thereto, or any successor convention as ratified or acceded to or adopted by the government of india h organisation means the international maritime organisation i port shall have the same meaning as assigned to it in the indian port act, 15 of , the major port trusts act, 38 of , or under any other law for the time being in force and shall include any terminal, either within the port limits or otherwise j ship means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units and floating production storage and offloading units. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356p. of the merchant shipping act : 1356p. application.1 save as otherwise provided in this part, this part shall apply to a every indian ship, wherever it is b ships not entitled to fly the flag of india, but which operate under the authority of india and c ships that enter a port, shipyard, or offshore terminal or place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction in regard to control of pollution under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of or any other law for the time being in force. 2 this part shall not apply to any warship, naval auxiliary or other ship owned or operated by or under the authority of india and used, for the time being, only on government noncommercial service: provided that in case of such ships, the government shall ensure by the adoption of appropriate measures not impairing operations or operational capabilities of such ship that such ships are operated in a prescribed manner consistent with this part. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356r. of the merchant shipping act : 1356r. control of antifouling systems.1 every indian ship and other ships which are not entitled to fly indian flag but operating under the authority of india, shall comply with the requirements set forth in this part, including the applicable standards and requirements as prescribed from time to time as well as effective measures to ensure that such ships comply with the requirements, as may be prescribed from time to time. 2 all other vessels to which this part applies shall comply with requirements of the antifouling systems as prescribed from time to time. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356w. of the merchant shipping act : 1356w. inspection and control of all ships above 400 gross tonnage.1 any person authorised by the directorgeneral as surveyor in this behalf may inspect, at any reasonable time, any ship to which any of the provisions of this part applies, for the purposes of a ensuring that the prohibitions, restrictions and obligations imposed by or under this part are complied with b verifying that, where required, there is onboard a valid international antifouling system certificate or a declaration on antifouling system or c brief sampling of the ships antifouling system that does not affect the integrity, structure, or operation of the antifouling system taking into account the procedures as prescribed from time to time and d verifying any record required to be maintained onboard. 2 for the purposes of clause c of subsection 1, the time required to process the results of such sampling shall not be used as a basis for preventing the movement and departure of the ship. 3 any person authorised by the directorgeneral as surveyor in this behalf, may, certify any matter referred to in subsection 1 in respect of such ship as a copy of the records of the ship to be a true copy and such copy shall be admissible as evidence of the facts stated therein. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356s. of the merchant shipping act : 1356s. issuance of international antifouling system certificate.1 no indian ship or other ships entitled to fly indian flag or operating under its authority, which is of 400 gross tonnage and above shall engage in international voyage unless there is onboard, in respect of that ship, a certificate issued by the directorgeneral, to be called as international antifouling system certificate, in such form, for such duration and subject to such procedures and conditions as may be prescribed, from time to time. 2 no indian ship or other ships entitled to fly indian flag or operating under its authority excluding fixed or floating platforms, floating storage units and floating production storage and offloading units which is of 24 meters or more in length, but less than 400 gross tonnage, shall engage in international voyage unless there is onboard a declaration in such form and subject to such procedures and conditions as may be prescribed, from time to time. 3 indian ships entitled to fly indian flag which are of 400 gross tonnage and above, with appropriate conditions as applicable for each type of ships and not engaged in international voyage and are required to be registered under this act, shall be issued an indian antifouling system certificate, as may be prescribed from time to time. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356t. of the merchant shipping act : 1356t. issue of antifouling system certificate for foreign ships in india and indian ships in foreign countries.1 the central government may, at the request of the government of a country to which the convention applies, cause an international antifouling system certificate to be issued in accordance with the convention in respect of any ship of that country to which the convention applies, if it is satisfied that such certificate can properly be issued, and where a certificate is so issued, it shall contain a statement that it has been so issued on a request, as per the procedure prescribed in this behalf from time to time. 2 the central government may request the government of a country to which the convention applies, to issue an international antifouling system certificate in accordance with the convention in respect of a ship to which this part applies and the certificate so issued in pursuance of such a request shall contain a statement that it has been so issued and shall have the same effect as if it had been issued by the central government under this act. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356u. of the merchant shipping act : 1356u. controls of waste materials.taking into account the international rules, standards and requirements, the central government shall prescribe the rules and take appropriate measures in its territory to require that wastes from the application or removal of an antifouling system, are collected, handled, treated and disposed of in a safe and environmentally sound manner, by any person in india, to protect human health and the environment. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356v. of the merchant shipping act : 1356v. record of antifouling systems.1 every ship to which this part applies shall maintain, a record of antifouling systems in the prescribed form. 2 the manner, in which the record of antifouling systems to be maintained shall be prescribed having regard to the provisions of the convention and this part. 1. ins. by act 31 of , s. 2 w.e.f. .

section 362. of the merchant shipping act : 1 any court making a formal investigation into a shipping casualty may inquire into any charge of in competency or misconduct arising, in the course of the investigation, against any master, mate or engineer, as well as into any charge of a wrongful act or default on his part causing the shipping casualty. 2 in every case in which any such charge, whether of in competency or misconduct, or of a wrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of an investigation, the court shall, before the commencement of the inquiry, cause to be furnished to him a statement of the case upon which the inquiry has been directed.

section 356x. of the merchant shipping act : 1356x. information regarding contravention of the provisions of convention.1 if, on receipt of a report from a surveyor or other person authorised to inspect a ship, the directorgeneral is satisfied that any provision of this part has been contravened by such ship within the coastal waters, the directorgeneral or any officer authorised by him in this behalf, may a detain the ship until the causes of such contravention are removed to the satisfaction of the directorgeneral or the officer authorised by him and b levy penalty on such ship as specified in section 436: provided that where the directorgeneral deems it necessary, he may request the indian navy or the coast guard for preventing the ship from proceeding to sea and the indian navy or the coast guard, as the case may be, shall take action as requested by the directorgeneral. 2 on receipt of information from the government of any country to which the convention applies that a ship has contravened any provision of the convention, the central government may, if it deems it necessary so to do, request such government to furnish further details of the alleged contravention and, if satisfied that sufficient evidence is available, conduct investigation of the alleged violations and take appropriate measures in respect thereof. 1. ins. by act 31 of , s. 2 w.e.f. .

section 356y. of the merchant shipping act : show related subordinates 1356y. power to make rules.1 the central government may, having regard to the provisions of the convention, make rules to carry out the provisions of this part. 2 in particular and without prejudice to the generality of the provisions of subsection 1, such rules may provide for all or any of the following matters, namely: a appropriate measures for operation of ships under the proviso to subsection 2 of section 356p b the standards, requirements and measures to ensure compliance under section 356r c procedure and conditions and the fees which may be levied for inspection and issuance of international antifouling systems certificate under section 356s d procedure and the fees which may be levied for issuance of antifouling systems certificate for foreign ships in india and indian ships in foreign countries under section 356t e procedure for collection, handling and disposal of wastes under section 356u f the format of record of antifouling systems, the manner in which such record shall be maintained under section 356v g any other matter which is required to be or may be prescribed. 1. ins. by act 31 of , s. 2 w.e.f. .

section 361. of the merchant shipping act : show related subordinates 1a judicial magistrate of the first class specially empowered in this behalf by the central government and a 2metropolitan magistrate shall have jurisdiction to make formal investigation into shipping casualties under this part. 1. subs. by act 12 of , s. 17 and the schedule, for a magistrate of the first class w.e.f. . 2. subs. by s. 17 and the schedule, ibid., for presidency magistrate w.e.f. .

section 357. of the merchant shipping act : in this part, the word coasts includes the coasts of creeks and tidal rivers.

section 363. of the merchant shipping act : 1 if the central government has reason to believe that there are grounds for charging any master, mate or engineer with in competency or misconduct, otherwise than in the course of a formal investigation into a shipping casualty, the central government, a if the master, mate or engineer holds a certificate under this act, in any case b if the master, mate or engineer holds a certificate under the law of any country outside india, in any case where the in competency or misconduct has occurred on board an indian ship may transmit a statement of the case to any court having jurisdiction under section 361, which is at or nearest to the place where it may be convenient for the parties and witnesses to attend, and may direct that court to make an inquiry into that charge. 2 before commencing the inquiry, the court shall cause the master, mate or engineer so charged to be furnished with a copy of the statement transmitted by the central government.

section 358. of the merchant shipping act : 1 for the purpose of investigations and inquiries under this part, a shipping casualty shall be deemed to occur when a on or near the coasts of india, any ship is lost, abandoned, stranded or materially damaged b on or near the coasts of india, any ship causes loss or material damage to any other ship c any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of india d in any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned occurs to or on board any indian ship, and any competent witness thereof is found in india e any indian ship is lost or is supposed to have been lost, and any evidence is obtainable in india as to the circumstances under which she proceeded to sea or was last heard of. 2 in the cases mentioned in clauses a, b and c of subsection 1, the master, pilot, harbour master or other person in charge of the ship, or where two ships are concerned in charge of each ship at the time of the shipping casualty, and in the cases mentioned in clause d of subsection 1, where the master of the ship concerned or except in the case of a loss where the ship concerned proceeds to any place in india from the place where the shipping casualty has occurred, the master of the ship, shall, on arriving in india, give immediate notice of the shipping casualty to the officer appointed in this behalf by the central government.

section 364. of the merchant shipping act : for the purpose of any inquiry under this part into any charge against a master, mate or engineer, the court may summon him to appear, and shall give him an opportunity of making a defence either in person or otherwise.

section 359. of the merchant shipping act : 1 whenever any such officer as is referred to in subsection 2 of section 358 receives credible information that a shipping casualty has occurred, he shall forthwith report in writing the information to the central government and may proceed to make a preliminary inquiry into the casualty. 2 an officer making a preliminary inquiry under subsection 1 shall send a report thereof to the central government or such other authority as may be appointed by it in this behalf.

section 365. of the merchant shipping act : show related subordinates 11 for the purpose of any investigation or inquiry under this part, the court making the investigation or inquiry shall in respect of compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceedings, have the same powers as are exercisable by that court in the exercise of its criminal jurisdiction. 22 subject to any rules made in this behalf by the central government, the court making an investigation or inquiry under this part may, if it thinks fit, order the payment, on the part of that government, of the reasonable expenses of any witness attending for the purposes of such investigation or inquiry before such court. 1. section. 365 renumbered as subsection 1 thereof by act 41 of , s. 19 w.e.f. . 2. ins. by act 41 of , s. 19 w.e.f..

section 360. of the merchant shipping act : the officer appointed under subsection 2 of section 358, whether he has made a preliminary inquiry or not, may, and, where the central government so directs, shall make an application to a court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall thereupon make such investigation.

section 368. of the merchant shipping act : whenever, in the course of any such investigation or inquiry, it appears that any person has committed in india an offence punishable under any law in force in india, the court making the investigation or inquiry may subject to such rules consistent with this act as the high court may from time to time make cause him to be arrested, or commit him or hold him to bail to take his trial before the proper court, and may bind over any person to give evidence at the trial, and may, for the purposes of this section, exercise all its powers as a criminal court.

section 366. of the merchant shipping act : 1 a court making a formal investigation shall constitute as its assessors not less than two and not more than four persons, of whom one shall be a person conversant with maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs: provided that, where the investigation involves, or appears likely to involve, any question as to the cancellation or suspension of the certificate of a master, mate or engineer, two of the assessors shall be persons having also experience in the merchant service. 2 the assessors shall attend during the investigation and deliver their opinions in writing, to be recorded on the proceedings, but the exercise of all powers conferred on the court by this part or any other law for the time being in force shall rest with the court. 3 the assessors shall be chosen from a list to be prepared from time to time by the central government.

section 371. of the merchant shipping act : where it appears to the court holding an investigation or inquiry that having regard to the circumstances of the case an order of cancellation or suspension under section 370 is not justified, the court may pass an order censuring the master, mate or engineer in respect of his conduct.

section 367. of the merchant shipping act : if any court making an investigation or inquiry under this part thinks it necessary for obtaining evidence that any person should be arrested, it may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any general or special instructions from the central government, to enter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person.

section 374. of the merchant shipping act : 1 a marine board shall consist of the officer convening the board and two other members. 2 the two other members of the marine board shall be appointed by the officer convening the marine board from among persons conversant with maritime or mercantile affairs. 3 the officer convening the marine board shall be the presiding officer thereof. 4 a marine board shall, subject to the provisions of this act, have power to regulate its own procedure.

section 370. of the merchant shipping act : 1 a certificate of a master, mate or engineer which has been granted by the central government under this act may be cancelled or suspended a by a court holding a formal investigation into a shipping casualty under this part if the court finds that the loss, stranding or abandonment of, or damage to, any ship, or loss of life, has been caused by the wrongful act or default of such master, mate or engineer b by a court holding an inquiry under this part into the conduct of the master, mate or engineer if the court finds that he is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348. 2 at the conclusion of the investigation or inquiry, or as soon thereafter as possible, the court shall state in open sitting the decision to which it may have come with respect to the cancellation or suspension of any certificate and, if suspension is ordered, the period for which the certificate is suspended. 3 where the court cancels or suspends a certificate, the court shall forward it to the central government together with the report which it is required by this part to transmit to it.

section 376. of the merchant shipping act : 1 a marine board may, after investigating and hearing the case a if it is of opinion that the safety of an indian ship or her cargo or crew or the interest of the owner of an indian ship or of the owner of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead b if it is of opinion that any master or officer of an indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348 or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ships officer of an indian ship, suspend the certificate of that master or ships officer for a stated period: provided that no such certificate shall be suspended unless the master or officer concerned has been furnished with a statement of the case in respect of which investigation has been ordered and he has also been given an opportunity of making a defence either in person or otherwise c discharge a seaman from an indian ship and order the wages of any seaman so discharged or any part of those wages to be forfeited d decide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings e direct that any or all of the costs incurred by the master or owner of an indian ship or on the maintenance of a seaman or apprentice while in prison outside india shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned f if it considers such a step expedient, order a survey to be made of any indian ship which is the subject of investigation g order the costs of proceedings before it or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or unjustified complaint to pay compensation for any loss or delay caused thereby and any costs or compensation so ordered to be paid by any person shall be paid by that person accordingly and may be recovered in the same manner in which wages of seaman are recoverable or may be deducted from the wages due to that person. 2 all orders made by a marine board shall, whenever practicable, be entered in the official log book of the ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the board.

section 373. of the merchant shipping act : whenever a a complaint is made to an indian consular officer or a senior officer of any ship of the indian navy in the vicinity hereinafter referred to as naval officer by the master or any member of the crew of an indian ship and such complaint appears to the indian consular officer or naval officer, as the case may be, to require immediate investigation or b the interest of the owner of an indian ship or of the cargo thereof appears to an indian consular officer or naval officer, as the case may be, to require it or c an allegation of in competency or misconduct is made to an indian consular officer or a naval officer against the master or any of the officers of an indian ship or d any indian ship is lost, abandoned or stranded at or near the place where an indian consular officer or naval officer may be or whenever the crew or part of the crew of any indian ship which has been lost, abandoned or stranded arrives at that place or e any loss of life or any serious injury to any person has occurred on board an indian ship at or near that place the indian consular officer or the naval officer, as the case may be, may, in his discretion, convene a board of marine inquiry to investigate the said complaint or allegation or the matter affecting the said interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury to the person.

section 369. of the merchant shipping act : 1 the court shall, in the case of all investigations or inquiries under this part, transmit to the central government a full report of the conclusions at which it has arrived together with the evidence. 2 where the investigation or inquiry affects a master or an officer of a ship other than an indian ship who holds a certificate under the law of any country outside india, the central government may transmit a copy of the report together with the evidence to the proper authority in that country. 13 the central government shall, on receipt of the investigation report from the court, cause it to be published in the official gazette. 1. ins. by act 9 of , s. 5 w.e.f. .

section 377., certificate of master, mate or engineer. of the merchant shipping act : 1 any certificate which has been granted by the central government under this act to any master, mate or engineer, may be cancelled or suspended for any specified period, by the central government in the following cases, that is to say, a if, on any investigation or inquiry made by any court, tribunal or other authority for the time being authorised by the legislative authority in any country outside india, the court, tribunal or other authority reports that the master, mate or engineer is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render assistance, or to given such information as is referred to in section 348, or that the loss, stranding or abandonment of, or damage to, any ship or loss of life has been caused by his wrongful act or default b if the master, mate or engineer is proved to have been convicted i of any offence under this act or of any nonbailable offence committed under any other law for the time being in force in india or ii of an offence committed outside india, which, if committed in india, would be a nonbailable offence c if in the case of a master of an indian ship he has been superseded by the order of any court of competent jurisdiction in india or outside india. 11a any certificate within the meaning of clause b of section 87a may be cancelled or suspended for any specified period by the central government if the person to whom such certificate has been granted has contravened the provisions of subsection 1 or subsection 2 of section 87b: provided that no order under this subsection shall be passed by the central government unless the person concerned has been given an opportunity of making a representation against the order proposed. 2 the central government may at any time, if it thinks the justice of the case so requires, a revoke any order of cancellation or suspension made by it under 2subsection 1 or subsection 1a or set aside any order of cancellation or suspension made by a court under section 370 or any order of suspension made by a marine board under clause b of subsection 1 of section 376 or any order of censure made by a court under section 371 or b shorten or lengthen the period of suspension ordered by it under 2subsection 1 or subsection 1a or by a court under section 370 or by a marine board under clause b of subsection 1 of section 376 or cancel a certificate suspended by a marine board under that clause or c grant without examination a new certificate of the same or any lower grade in the case of any certificate cancelled or suspended by it under 2subsection 1 or subsection 1a or by a court under section 370 or any certificate suspended by a marine board under clause b of subsection 1 of section 376: provided that no order under clause b either lengthening the period of suspension of or cancelling a certificate shall be passed by the central government unless the person concerned has been given an opportunity of making a representation against the order proposed. 3 a certificate granted under clause c of subsection 2 shall have the same effect as if it had been granted after examination. 1. ins. by act 20 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for subsection 1 or w.e.f. .

section 379. of the merchant shipping act : the cancellation or suspension of a certificate by the central government or by a court or the suspension of a certificate by a marine board, shall a if the certificate was issued under this act, be effective everywhere and in respect of all ships and b if the certificate was issued outside india, be effective i within india and the territorial waters of india, in respect of all ships and ii outside india, in respect of indian ships only.

section 372. of the merchant shipping act : 1 a 1judicial magistrate of the first class specially empowered in this behalf by the central government or a 2metropolitan magistrate may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary. 2 the removal may be made upon the application of the owner of any ship or his agent, or of the consignee of the ship or of any certificated officer or of onethird or more of the crew of the ship. 3 the 3judicial magistrate of the first class or metropolitan magistrate, as the case may be, may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee. 4 the 3judicial magistrate of the first class or metropolitan magistrate, as the case may be may also make such order and require such security in respect of the cost of the matter as he thinks fit. 1. subs. by act 12 of , s. 17 and the schedule, for magistrate of the first class w.e.f. . 2. subs. by s. 17 and the schedule, ibid., for presidency magistrate w.e.f. . 3 subs. by s. 17 and the schedule, ibid., for magistrate w.e.f. .

section 378. of the merchant shipping act : show related subordinates a master or ships officer who is the holder of a certificate issued under this act shall, if such certificate has been cancelled or suspended by the central government or by a court or suspended by a marine board, deliver his certificate to the central government, court or marine board on demand or if it is not so demanded by the central government or court or board, to the directorgeneral.

section 375. of the merchant shipping act : where there is a difference of opinion among members of the marine board, the decision of the majority of the members shall be the decision of the board.

section 382. of the merchant shipping act : 1 whenever an investigation or inquiry has been held by a court or by a marine board under this part, the central government may order the case to be reheard either generally or as to any part thereof, and shall so order a if new and important evidence which could not be produced at the investigation has been discovered, or b if for any other reason there has, in its opinion, been a miscarriage of justice. 2 the central government may order the case to be reheard by the court or marine board as the case may be consisting of the same members or other members as the central government may deem fit.

section 380. of the merchant shipping act : if the certificate of a master or ships officer is suspended under this part by the central government or by a court or a marine board, no endorsement shall be made to that effect on the said certificate.

section 381. of the merchant shipping act : notwithstanding anything contained in this act, the central government may, at any time, without any formal investigation or inquiry, cancel or suspend any certificate granted by it under this act, other than a certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to act in the grade for which the certificate was granted to him: provided that no order under this section shall be passed by the central government unless the person concerned has been given an opportunity of making a representation against the order proposed.

section 383. of the merchant shipping act : 1 a court of survey for a port shall consist of a judge sitting with two assessors. 2 the judge shall be a district judge, judge of a court of small causes, 1metropolitan magistrate, judicial magistrate of the first class or other fit person appointed in this behalf by the central government either generally or for any specified case. 3 the assessors shall be persons of nautical, engineering pr other special skill or experience. 4 subject to the provisions of part ix as regards ships other than indian ships, one of the assessors shall be appointed by the central government either generally or in each case and the other shall be summoned by the judge in the manner prescribed out of a list of persons from time to time prepared for the purpose by the central government or, if there is no such list or if it is impracticable to procure the attendance of any person named in such list, shall be appointed by the judge. 1. subs. by act 12 of , s. 17 and the schedule, for presidency magistrate, magistrate of the first class w.e.f. .

section 388. of the merchant shipping act : whenever any explosion or fire occurs on board any ship on or near the coasts of india, the central government may direct that an investigation into the causes of explosion or fire be made by such person or persons as it thinks fit.

section 384. of the merchant shipping act : 1 if a surveyor authorised to inspect a ship a makes a statement in his report of inspection with which the owner or his agent or the master of the ship is dissatisfied, or b gives notice under this act of any defect in any ship, or c declines to give any certificate under this act, the owner, master or agent, as the case may be, may, subject to the provisions of subsection 2 and of section 387, appeal to a court of survey. 2 whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so requires, be accompanied on the inspection by some person nominated by the owner, master or agent, as the case may be, and if the person so nominated agrees with the surveyor as to the statement made or the notice given by the surveyor or the refusal by the surveyor to give a certificate, there shall be no appeal to a court of survey from that statement, notice or refusal.

section 391. of the merchant shipping act : 1 the central government may, by notification in the official gazette, appoint any person to be a receiver of wreck in this part referred to as receiver of wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification. 2 a receiver of wreck may, by order in writing, direct that all or any of his functions under this part shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be discharged by such person as may be specified therein and any person while discharging any such functions shall be deemed to be a receiver of wreck for the purposes of this act.

section 385. of the merchant shipping act : 1 the judge shall on receiving notice of appeal or a reference from the central government immediately summon the assessors to meet forthwith in the prescribed manner. 2 the court of survey shall hear every case in open court. 3 the judge may appoint any competent person to survey the ship and report thereon to the court. 4 the judge shall have the same powers as the central government has to order the ship to be released or finally detained but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released. 5 the owner and master of the ship and any person appointed by the owner or master and also any person appointed by the central government may attend any inspection or survey made in pursuance of this section. 6 the judge shall report the proceedings of the court in each case to the central government in the manner prescribed and each assessor shall either sign such report or report to the central government the reasons for his dissent.

section 386. of the merchant shipping act : show related subordinates the central government may make rules for carrying out the purposes of this part with respect to a court of survey and in particular, and without prejudice to the generality of the foregoing power, with respect to a the procedure of the court b the requiring, on an appeal, of security for costs and damages c the amount and application of fees and d the ascertainment, in case of dispute, of the proper amount of costs.

section 393. of the merchant shipping act : 1 whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and repass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible and may also on the like condition, deposit on these lands any cargo or other article recovered from the ship. 2 any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section, shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned and the amount payable in respect of the damage shall, in case of dispute, be determined by a magistrate on application made to him in this behalf.

section 387. of the merchant shipping act : 1 if the central government is of opinion that an appeal to a court of survey involves a question of construction or design or a scientific difficulty or important principle, it may refer the matter to such one or more out of a list of scientific referees to be from time to time prepared by the central government as may appear to possess the special qualifications necessary for the particular case and may be selected by agreement between a person duly appointed by the central government in this behalf and the appellant, or in default of any such agreement, by the central government and there upon the appeal shall be determined by the referee or referees instead of by the court of survey. 2 the central government, if the appellant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or referees selected as aforesaid. 3 the referee or referees shall have the same powers as a judge of the court of survey.

section 389. of the merchant shipping act : the person or persons referred to in section 388 may go on board the ship on which the explosion or fire has occurred with all necessary workmen and labourers, and remove any portion of the ship, or of the machinery thereof, for the purpose of the investigation, and shall report to the central government or the person duly appointed by it, as the case may be, what in his or their opinion was the cause of the explosion or fire.

section 395. of the merchant shipping act : any person finding and taking possession of any wreck within any local limits for which there is a receiver of wreck, or bringing within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon as practicable a if he be the owner thereof, give the receiver of wreck notice in writing of the finding thereof and of the marks by which such wreck is distinguished b if he be not the owner of such wreck, deliver the same to the receiver of wreck.

section 394. of the merchant shipping act : whenever a vessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or obstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or equipment of the vessel, the receiver of wreck may take such steps and use such force as he may consider necessary for the suppression of any such plundering, disorder or obstruction, and may for that purpose command any person to assist him.

section 390. of the merchant shipping act : in this part, the word coasts includes the coasts of creeks and tidal rivers.

section 396. of the merchant shipping act : whenever any vessel is wrecked, stranded or in distress as aforesaid, the receiver of wreck within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any of the following matters, that is to say, a the name and description of the vessel b the names of the master and of the owners c the names of the owners of the cargo d the ports from and to which the vessel was bound e the occasion of the wrecking, stranding, or distress of the vessel f the services rendered and g such other matters or circumstances relating to the vessel, the cargo or the equipment, as the receiver thinks necessary.

section 397. of the merchant shipping act : the receiver of wreck shall as soon as may be after taking possession of any wreck, publish a notification in such manner and at such place as the central government may, by general or special order, direct, containing a description of the wreck and the time at which and the place where it was found.

section 392. of the merchant shipping act : where any vessel is wrecked, stranded or in distress at any place on or near the coasts of india, the receiver of wreck, within the limits of whose jurisdiction the place is situate, shall, upon being made acquainted with the circumstances, forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel and of its cargo and equipment: provided that the receiver shall not interfere between the master and the crew of the vessel, in reference to the management thereof unless he is requested to do so by the master.

section 399. of the merchant shipping act : 1 the owner of any wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him. 2 where any articles belonging to or forming part of a vessel other than an indian vessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of india or are brought into any port in india, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles. 3 where the owner of the wreck does not appear and claim the balance of the proceeds of sale within one year from the date of sale, the said balance shall become the property of the central government.

section 398. of the merchant shipping act : a receiver of wreck may at any time sell any wreck in his custody if, in his opinion, a it is under the value of five hundred rupees or b it is so much damaged or of so perishable a nature that it cannot with advantage be kept or c it is not of sufficient value for warehousing and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.

section 400. of the merchant shipping act : no person shall a without the leave of the master board or attempt to board any vessel which is wrecked, stranded or in distress as aforesaid, unless the person is, or acts by command of, the receiver of wreck or b impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stranded or otherwise in distress on or near the coasts of india or of any part of the cargo or equipment of the vessel, or of any wreck or c secrete any wreck or deface or obliterate any marks thereon or d wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, on or near the coasts of india, or any part of the cargo or equipment of the vessel or any wreck.

section 406. of the merchant shipping act : show related subordinates 1 no indian ship and no other ship chartered by a citizen of india or a company 1or a cooperative society shall be taken to sea from a port or place within or outside india except under a licence granted by the directorgeneral under this section: provided that the central government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the official gazette, exempt any class of ships chartered by a citizen of india or a company 2or a cooperative society from the provisions of this subsection. 2 a licence granted under this section may be a a general licence b a licence for the whole or any part of the coasting trade of india or c a licence for a specified period or voyage. 3 a licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the directorgeneral. 1 ins. by act 43 of , s. 7 w.e.f. . 2 subs. by act 43 of , s. 8, for or a company which satisfies the requirements specified in clause b of section 21 w.e.f. .

section 401. of the merchant shipping act : where a receiver of wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest 1judicial magistrate of the first class or metropolitan magistrate, as the case may be, for a search warrant, and that 1judicial magistrate of the first class or metropolitan magistrate, as the case may be, shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck there found. 1 subs. by act 12 of , s. 17 and the schedule, for magistrate w.e.f. .

section 402. of the merchant shipping act : 1 where services are rendered a wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india or b in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of india or c by any person other than the receiver of wreck in saving any wreck there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case. 2 salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage. 3 where salvage services are rendered by or on behalf of the government or by a vessel of the indian navy 1or of the coast guard or the commander or crew of any such vessel, the government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor. 1explanation.coast guard means the coast guard constituted under section 3 of the coast guard act, 30 of . 4 any dispute arising concerning the amount due under this section shall be determined upon application made by either of the disputing parties a to a 2judicial magistrate of the first class or metropolitan magistrate, as the case may be, where the amount claimed does not exceed ten thousand rupees or b to the high court, where the amount claimed exceeds ten thousand rupees. 5 where there is any dispute as to the persons who are entitled to the salvage amount under this section, the 3the judicial magistrate of the first class or the metropolitan magistrate or the high court as the case may be, shall decide the dispute and if the are more persons than one entitled to such amount, 4such magistrate or the high court shall apportion the amount thereof among such persons. 6 the costs of and incidental to all proceedings before 5a judicial magistrate of the first class or metropolitan magistrate or the high court under this section shall be in the discretion of 4such magistrate or the high court, and 4such magistrate or the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid. 1 ins. by act 41 of , s. 20 w.e.f.. 2 subs. by act 12 of , s. 17 and the schedule, for magistrate w.e.f. . 3 subs. by act 12 of , s. 17 and the schedule, for the magistrate or the high court, as the case may be w.e.f. . 4 subs. by s. 17 and the schedule, ibid., for the magistrate w.e.f. . 5 subs. by s. 17 and the schedule, ibid., for a magistrate w.e.f. .

section 403. of the merchant shipping act : nothing in this part shall a affect any treaty or arrangement with any foreign country to which india is a party with reference to the disposal of the proceeds of wrecks on their respective coasts or b affect the provisions of section 29 of the indian ports act, 15 of , or entitle any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that section.

section 405. of the merchant shipping act : this part applies only to seagoing ships fitted with mechanical means of propulsion of not less than one hundred and fifty tons gross, but the central government may, by notification in the official gazette, fix any lower tonnage for the purposes of this part.

section 404. of the merchant shipping act : show related subordinates 1 the central government may make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : a the procedure to be followed by a receiver of wreck in respect of the taking possession of wrecks and their disposal b the fees payable to receivers in respect of the work done by them c the procedure to be followed for dealing with claims relating to ownership of wrecks d the appointment of valuers in salvage cases e the principles to be followed in awarding salvage and the apportioning of salvage f the procedure to be followed for dealing with claims for salvage g the detention of property in the custody of a receiver of wreck for the purpose of enforcing payment of salvage.

section 413. of the merchant shipping act : the directorgeneral may, by notice, require a the owner, master or agent of any ship in respect of which a licence granted by the directorgeneral under this act is in force or b the owner, master or agent of any ship in respect of which any directions have been or may be given under clause b of section 411 to furnish within the period specified in the notice information as to i the classes of passengers and cargo which the ship is about to carry or is capable of carrying or has carried during any specified period ii the rates of passenger fares and freight charges applicable to the ship iii any other matter which may be prescribed.

section 407. of the merchant shipping act : show related subordinates 1 no ship other than an indian ship or a ship chartered by a citizen of india 1or a company or a cooperative society which satisfies the requirements specified in clause b or, as the case may be, clause c of section 21, shall engage in the coasting trade of india except under a licence granted by the directorgeneral under this section. 2 a licence granted under this section may be for a specified period or voyage and shall be subject to such conditions as may be specified by the directorgeneral. 3 the central government may, by general or special order, direct that the provisions of subsection 1 shall not apply in respect of any part of the coasting trade of india or shall apply subject to such conditions and restrictions as may be specified in the order. 1 subs. by act 43 of , s. 8, for or a company which satisfies the requirements specified in clause b of section 21 w.e.f. .

section 408. of the merchant shipping act : show related subordinates 1 the directorgeneral may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 406 or section 407. 2 no licence shall be revoked or modified under this section unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be.

section 412.. of the merchant shipping act : omitted by the merchant shipping amendment act, 68 of , s. 6 w.e.f. .

section 414. of the merchant shipping act : show related subordinates 1 the central government may make rules for carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which, the period or voyage for which, and the conditions subject to which licences under this part may be granted, the particulars to be included therein and the fees payable therefor 1 d the matters regarding which information may be required to be furnished under section 413. 1 clauses b and c omitted by act 68 of , s. 7 w.e.f. .

section 410. of the merchant shipping act : no customs collector shall grant a port clearance to a ship in respect of which a licence is required under this part until after production by the owner, master or agent of such a licence.

section 415. of the merchant shipping act : save as otherwise provided, this part applies to every seagoing sailing vessel owned by a citizen of india 1or a company or a cooperative society which satisfies the requirements specified in clause b or, as the case may be, clause c of section 21. 1 subs. by act 43 of , s. 9, for or a company which satisfies the requirements specified in clause b of section 21 w.e.f. .

section 409. of the merchant shipping act : when a licence under section 406 or section 407 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or cause it to be returned to the directorgeneral.

section 417. of the merchant shipping act : show related subordinates 1 every sailing vessel 1other than a sailing vessel solely engaged in fishing for profit shall be registered in accordance with the provisions of this section. 2 the owner of every sailing vessel shall make an application in the prescribed form to a registrar for the grant to him of a certificate of registry in respect of the vessel. 3 the owner of every sailing vessel in respect of which an application under subsection 2 is made, shall cause the tonnage of the vessel to be ascertained in the prescribed manner. 4 the registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose hereinafter referred to as sailing vessels register the following particulars in respect of the vessel, namely: a the name of the sailing vessel, the place where she was built, and the port to which she belongs b the right type and tonnage of the vessel c the name, occupation and residence of the owner of the vessel d the number assigned to the vessel e the mortgages, if any, effected by the owner in respect of the vessel f such other particulars as may be prescribed. 5 after the particulars in respect of the vessel have been entered in the sailing vessels register under subsection 4, the registrar shall grant to the applicant a certificate of registry in the prescribed form. 6 the owner of every sailing vessel shall pay for each certificate of registry a fee according to such scale as may be prescribed by the central government, having regard to the tonnage of the vessel, but in no case exceeding one rupee per ton of its gross tonnage. 7 a sailing vessel requiring to be registered under this part but not so registered may be detained by a proper officer until the owner or tindal produces a certificate of registry in respect of the vessel. 1 ins. by act 12 of , s. 13 w.e.f. .

section 411. of the merchant shipping act : show related subordinates the directorgeneral may, if he is satisfied that in the public interest or in the interests of indian shipping it is necessary so to do, give, by order in writing, such directions as he thinks fit a in the case of a ship which has been granted a licence under section 406, with respect to all or any of the following matters: i the ports or places whether in or outside india, to which, and the routes by which, the ship shall proceed for any particular purpose ii the diversion of any ship from one route to another for any particular purpose iii the classes of passengers or cargo which may be carried in the ship iv the order of priority in which passengers or cargo may be taken on or put off the ship at any port or place, whether in or outside india b in the case of a ship which has been granted a licence under section 407 with respect to the order of priority in which passengers or, cargo may be taken on the ship at any port or place in india from which she is about to proceed for any port or place on the continent of india at which she is to call in the course of her voyage.

section 411a. of the merchant shipping act : 1411a. powers of the central government to protect interests of indian shipping from undue foreign intervention.1 if it appears to the central government a that measures have been taken by or under the law of any foreign country for regulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage and b that such measures, in so far as they apply to things done or to be done outside the territorial jurisdiction of that country by persons carrying on lawful business in india, constitute an infringement of the jurisdiction which belongs to india, it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order. 2 where an order issued under subsection 1 is in force in relation to any measures, it shall be the duty of every person in india who carries on business consisting or comprising of the carriage of goods or passengers by sea to give notice to the central government of any requirement or prohibition imposed or threatened to be imposed on him pursuant to such measures so far as this section applies to him, including any requirement to submit any contractor other document for approval thereunder. 3 where a notice under subsection 2 is received from any person or there are grounds to believe that a notice is likely to be received the central government may, by an order in writing, give to such person directions prohibiting compliance with any such requirement or prohibition as it considers proper for maintaining the jurisdiction of india. 4 any directions given by the central government under subsection 3 may be either general or special and may prohibit compliance with any requirement or prohibition either absolutely or in such cases or subject to such conditions, as to consent or otherwise, as may be specified in the order. 5 if it appears to the central government that any person in india has been or may be required to produce or furnish to any court, tribunal or authority of a foreign country any commercial document which is not within the territorial jurisdiction of that country or any commercial information to be compiled from documents not within the territorial jurisdiction of that country and that the requirement constitutes or would constitute an infringement of the jurisdiction which belongs to india, the central government may, by an order in writing, give directions to that person, prohibiting him from complying with the requirement except to such extent or subject to such conditions as may be specified in the order. 1 ins. by act 12 of , s. 12 w.e.f. .

section 421. of the merchant shipping act : 1 no sailing vessel shall ply or proceed to sea unless there is in force in respect of that vessel a certificate of inspection granted under this part, the same being applicable to the voyage on which she is about to ply or proceed. 2 a certificate of inspection in respect of a sailing vessel shall specify a the name and tonnage of the vessel b the names of the owner and tindal of the vessel c the maximum number of the crew and the maximum number of passengers which the vessel is fit to carry d the limits within which the vessel may be used for the purpose of trading and the terms and conditions subject to which she may be used for such trading e the particulars of the free board assigned to the vessel and shall contain a statement to the effect that her hull, rigging and equipment including auxiliary machinery, if any are in good condition. 3 every certificate of inspection shall be in force from the date of issue for a period of one year or for such shorter period as may be specified therein: provided that where a sailing vessel is on a voyage outside india at the time of expiry of the certificate, the certificate shall continue to be valid until her first arrival at a port in india after the expiry of such period. 4 no customs collector shall grant a port clearance to a sailing vessel registered under this part until after the production by the owner or tindal thereof of a certificate of inspection granted under this part in respect of the vessel.

section 416. of the merchant shipping act : if any question arises whether a vessel is a sailing vessel or not for the purposes of this part, it shall be decided by the directorgeneral and his decision thereon shall be final.

section 418. of the merchant shipping act : the owner of every sailing vessel so registered shall, before the vessel begins to take any cargo or passengers, paint or cause to be painted permanently in the prescribed manner on some conspicuous part of the sailing vessel, the name by which the vessel has been registered, the number assigned to the vessel by the registrar and the port to which she belongs, and shall take all steps to ensure that the vessel remains painted as required by this section.

section 419. of the merchant shipping act : a change shall not be made in the name of a sailing vessel registered under this part except in accordance with the rules made in this behalf.

section 424. of the merchant shipping act : the registry of a sailing vessel may be transferred from one port to another in india on the application of the owner or tindal of the vessel in accordance with such rules as may be made in this behalf.

section 420. of the merchant shipping act : show related subordinates 1 the central government may make rules regulating the carriage of cargo or passengers in sailing vessel and the protection of life and property on board such vessels. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the assignment of free board to sailing vessel b the marking of such free board on such vessels and the maintenance of such markings c the survey of the space allotted to passengers on board such vessels d the scale and type of accommodation to be provided for each passenger. 3 any sailing vessel attempting to ply or proceed to sea without free board markings or any sailing vessel which has been so loaded as to submerge such marking may be detained by a proper officer until free board markings are made in accordance with the rules made in this behalf or the vessel is so loaded that such markings are not submerged. 4 nothing in this section relating to free board, shall apply to any sailing vessel in respect of which a load line has been assigned under part ix.

section 429. of the merchant shipping act : show related subordinates 1 every owner or tindal of a sailing vessel shall maintain or cause to be maintained in the prescribed a form a statement of the crew of the vessel containing with respect to each member thereof a his name b the wages payable to him c the names and addresses of his nextofkin d the date of commencement of his employment and e such other particulars as may be prescribed. 2 every change in the crew of the vessel shall be entered in the statement under subsection 1. 3 a copy of such statement and of every change entered therein shall be communicated as soon as possible to the registrar of the port of registry of the vessel concerned.

section 422., of certificate of inspection. of the merchant shipping act : 1 where at any time subsequent to the issue of a certificate of inspection in respect of a sailing vessel, the directorgeneral has reason to believe that the vessel is not fit to ply or proceed to sea, he may, after giving the owner an opportunity of making a representation, cancel such certificate. 2 where at any time subsequent to the issue of a certificate of inspection a sailing vessel has undergone material alteration or has met with accident or, where the certificate of inspection of a sailing vessel has been cancelled under subsection 1 and an application is made for the reissue of such certificate or for the grant of a fresh certificate, the registrar may, before reissuing the certificate or issuing a fresh certificate, as the case may be, cause such vessel to be inspected and if the authority inspecting the vessel reports that she is not fit to ply or proceed to sea or that her hull, rigging and equipment including auxiliary machinery, if any are defective, such certificate shall not be reissued or issued until the vessel is, in the opinion of such authority, fit to ply or proceed to sea or the defect is rectified to the satisfaction of such authority.

section 426. of the merchant shipping act : no person shall transfer or acquire any sailing vessel registered under this part or any interest therein without the previous approval of the central government and any transaction effected in contravention of this section shall be void and unenforceable.

section 430. of the merchant shipping act : show related subordinates 1 if any owner or tindal of a sailing vessel in the course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port in india give notice of such jettisoning to the proper officer at such port and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place. 2 when any such officer receives notice under subsection 1 or has reason to believe that the cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to the central government the information he has received and may proceed to make an inquiry into the matter.

section 423. of the merchant shipping act : when a sailing vessel is so altered as not to correspond with the particulars relating to her entered in the certificate of registry, the owner of such vessel shall make a report of such alteration to the registrar of the port where the vessel is registered, and the registrar shall either cause the alteration to be registered, or direct that the vessel be registered anew, in accordance with such rules as may be made in this behalf.

section 425. of the merchant shipping act : if a sailing vessel is lost, destroyed or rendered permanently unfit for service, the owner of such vessel shall with the least practicable delay report the fact to the registrar of the port where the vessel is registered and also forward to him along with the report, the certificate of registry in respect of the vessel and thereupon the registrar shall have the registry of the vessel closed.

section 427. of the merchant shipping act : 1 every mortgage of a sailing vessel or of any interest therein effected after the date on which this part comes into force shall be registered with the registrar. 2 every mortgage of a sailing vessel or any interest therein effected before the date on which this part comes into force shall, if subsisting on that date, be registered with the registrar within three months of that date. 3 the registrar shall enter every such mortgage in the sailing vessels register in the order in which it is registered with him. 4 if there are more mortgages than one recorded in respect of the same sailing vessel or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered with the registrar and not according to the date of each mortgage itself: provided that nothing contained in this subsection shall affect the relative priorities as they existed immediately before the date on which this part comes into force as between mortgages of the same vessel or interest therein effected before such date which are registered in accordance with the provisions of subsection 2.

section 428., prohibited. of the merchant shipping act : 1 no person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect of a sailing vessel for any purpose other than the lawful navigation of the vessel. 2 no person shall use or attempt to use for the navigation of a sailing vessel a certificate of registry or a certificate of inspection not granted in respect of that vessel. 3 no person who has in his possession or under his control the certificate of registry or the certificate of inspection of a sailing vessel shall refuse or omit without reasonable cause to deliver such certificate on demand to the owner of the vessel.

section 433. of the merchant shipping act : where a proceeding is instituted in any court in respect of any dispute between the owner of a sailing vessel and the tindal arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if having regard to all the circumstances of the case it thinks it just to do so, may rescind any contract between the owner and the tindal upon such terms as the court may think just and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.

section 434b. of the merchant shipping act : 1 no sailing vessel shall ply or proceed to sea unless there is in force in respect of the members of the crew of the vessel a policy of insurance complying with the requirements of section 434a and the scheme framed thereunder. 2 no customs collector shall grant a port clearance to a sailing vessel until after production by the owner of such a policy of insurance.

section 435a. of the merchant shipping act : 1435a. application of part. save as otherwise provided, this part applies to every indian fishing boat. 1. ins. by s. 15, ibid. w.e.f. .

section 431. of the merchant shipping act : 1 a sailing vessel not owned by a citizen of india 1or a company or a cooperative society which satisfies the requirements specified in clause b or, as the case may be, clause c of section 21, shall not engage in the coasting trade of india without the written permission of the directorgeneral. 2 the directorgeneral may, when granting such permission, impose such terms and conditions as he thinks fit and may require the owner or other person in charge of the vessel to deposit with him such amount as he thinks necessary for the due fulfilment of such terms and conditions. 3 no customs collector shall grant a port clearance to a sailing vessel not registered under this part which engages or attempts to engage in the coasting trade of india until after the production by the owner or person in charge thereof of the written permission of the directorgeneral. 1. subs. by act 43 of , s. 10, for or a company which satisfies the requirements specified in clause b of section 21 w.e.f. .

section 435b. of the merchant shipping act : 1435b. definition.for the purposes of this part, indian fishing boat means a every fishing vessel as defined in clause 12 of section 3 b every sailing vessel, whether or not fitted with mechanical means of propulsion, solely engaged in fishing for profit c every boat or craft of any other type used solely for fishing which the central government may, by notification in the official gazette, specify to be a fishing boat for the purpose of this section, which is owned wholly by persons to each of whom any of the descriptions specified in clause a or in clause b or in clause c, as the case may be, of section 21 applies or which satisfies such other requirements as the central government may, by notification in the official gazette, specify. 1. ins. by s. 15, ibid. w.e.f. .

section 432. of the merchant shipping act : 1 if any sailing vessel registered in any country outside india arrives in or proceeds from a port or place in india in an overloaded conditions, the person in charge of the vessel shall be guilty of an offence under this section. 2 a sailing vessel shall be deemed to be in an overloaded condition for the purposes of this section a where the vessel is loaded beyond the limit specified in any certificate issued in the country in which she is registered or b in case no such certificate has been issued in respect of the vessel, where the actual free board of the vessel is less than the free board which would have been assigned to her had she been registered under this part. 3 any sailing vessel which is in an overloaded condition and is about to proceed from a port or place in india may be detained until she ceases to be in an overloaded conditions but nothing herein contained shall affect the liability of the person in charge of the vessel in respect of such overloading under any other provision of this act.

section 435c. of the merchant shipping act : 1435c. obligation to register.every indian fishing boat shall be registered under this part: provided that any indian fishing boat registered at the commencement of this part under part v or part xv of this act or any other law for the time being in force in india shall be deemed to have been registered under this part: provided further that every indian fishing boat so deemed to have been registered shall be reregistered under this part within such period from the commencement of this part as the central government may, by notification in the official gazette, specify: provided also that registration of nonmechanised sailing vessels will commence in different ports on such dates as the central government may, by notification in the official gazette, specify. 1. ins. by s. 15, ibid. w.e.f. .

section 434. of the merchant shipping act : the central government may, by notification in the official gazette, direct that any provisions of this act other than those contained in this part which do not expressly apply to sailing vessels shall also apply to sailing vessels subject to such conditions, exceptions and modifications as may be specified in the notification.

section 434a. of the merchant shipping act : 1434a. insurance of members of crew of a sailing vessel. 1 subject to the other provisions of this section and the scheme framed under subsection 3, the owner of every sailing vessel shall take and keep in force, in accordance with the provisions of the said scheme, a policy of insurance whereby all the members of the crew of such vessel are insured against death or personal injury caused by accident in the course of employment as such members. 2 it shall be the responsibility of the owner of every sailing vessel to bear the expenses incidental to the taking of the policy of insurance referred to in subsection 1 and to pay the premiums for keeping it in force: provided that the maximum amount which the owner of the sailing vessel shall be liable to pay by way of premiums per year shall not exceed a where the number of members of the crew is not more than ten, one hundred and fifty rupees. b where the number of members of the crew is more than ten, a sum calculated at the rate of fifteen rupees for each member of the crew. 3 the central government may, by notification in the official gazette, frame a scheme providing for the insurance of all persons employed as members of the crew of sailing vessels against death or personal injury caused by accident arising in the course of their employment as such members. 4 without prejudice to the generality of the provisions of subsection 3, a scheme framed under that subsection may provide for a the amount which should be payable in the case of personal injury resulting in the death of a member of the crew of a sailing vessel due to accident and in the case of other injuries: provided that different amounts may be provided in respect of different personal injuries not resulting in death b the procedure for payment of such amounts and c all other matters necessary for giving effect to the scheme. 5 where, under the provisions of any other law for the time being in force compensation is payable in respect of death or personal injury sustained by a member of the crew of a sailing vessel as a result of an accident in the course of his employment as such member, then if the amount payable in respect of such death or personal injury in accordance with the scheme framed under this section a is equal to or more than, the compensation payable under such other law, no compensation shall be payable under such other law b is less than the compensation payable under such other law, the compensation payable under such other law shall be reduced by the said amount. 6 every scheme framed by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. ins. by act 41 of , s. 21 w.e.f. .

section 435. of the merchant shipping act : show related subordinates 1 the central government may make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which applications for certificates of registry shall be made and the particulars which such applications should contain b the manner in which the tonnage of sailing vessels shall be ascertained c the manner in which free board is to be assigned to sailing vessels and the free board markings are to be made d the form in which certificates of registry and certificates of inspection may be issued e the issue of duplicate copies of certificates of registry and certificates of inspection where the originals are destroyed, lost, mislaid, mutilated or defaced f the manner in which, and the time within which, applications for the registry of alterations in the certificates of registry of sailing vessels shall be reported, the endorsement of the particulars of alteration on the certificates of registry, the grant of provisional certificates in cases where sailing vessels are directed to be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations g the manner in which applications for the transfer of registry of sailing vessels from one port to another in india shall be made and the procedure to be followed by the registrar in connection with such transfer h the authorities by which sailing vessels are to be inspected and certificates of inspection are to be issued under this part i the criteria by which sailing vessels may be classified for the purpose of determining the limits within which they may be used for purposes of trading j the fixing of the rates of freight which may be charged by sailing vessels for specified goods or for any class of goods in relation to the coasting trade of india k the equipment which sailing vessels or any class of sailing vessels should carry including equipment relating to life saving and fire appliances, lights, shapes and signals required by the collision regulations l the survey of space provided for passengers of sailing vessels and the scale and type of accommodation to be provided for such passengers m the authority to which information regarding certificates of registry, registry of alterations and issue of fresh certificates of registry under this part is to be sent by registrars n the qualifications to be possessed by tindals and other members of the crew of sailing vessels, the issue of permits to tindals and of identity cards to other members of the crew, the conditions for the issue of such permits and identity cards and the cancellation or suspension thereof 1o the fees which may be levied for the issue or reissue of certificates of registry, for the survey or inspection of sailing vessels before issue of such certificates, for the inspection of sailing vessels and for all other purposes of this part and the manner in which such fees may be recovered. p the form in which a contract of chartering a sailing vessel shall be executed q the form in which a contract for the carriage of goods by sailing vessels shall be executed r the reservation, in the public interest or in the interest of sailing vessels, of specified commodities for transport by sailing vessels either generally or in specified sectors of the coasting trade or between specified ports and the conditions subject to which such reservation may be made s any other matter which has to be or may be prescribed. 1. subs. by act 12 of , s. 14, for clause o w.e.f..

section 435d. of the merchant shipping act : show related subordinates 1435d. port of registry.1 the ports at which registration of indian fishing boats shall be made shall be such ports or places in india as the central government may, by notification in the official gazette, declare to be ports or places of registry under this part. 2 the port or place at which an indian fishing boat is registered for the time being under this part, shall be deemed to be her port or place of registry and the port or place to which she belongs. 1. ins. by s. 15, ibid. w.e.f. .

section 435k. of the merchant shipping act : 1435k. certificate of inspection.1 no indian fishing boat shall ply or proceed to sea unless there is in force in respect of that fishing boat a certificate of inspection granted under this part. 2 a certificate of inspection in respect of an indian fishing boat shall specify a the name and tonnage of the fishing boat b the name of skipper, tindal or other person in charge of the fishing boat c the maximum number of members of crew the fishing boat is certified to carry d the safety equipments and appliances the fishing boat is required to carry on board e such other matters as the central government may think fit to specify, and shall contain a statement to the effect that her hull, rigging, equipment and machinery where fitted are in good condition. 3 every certificate or inspection shall be in force from the date of issue for a period of one year or for such shorter period as may be specified therein: provided that when an indian fishing boat is at sea at the time of expiry of the certificate, the certificate shall continue to be valid until her first arrival at a port or place in india. 1. ins. by s. 15, ibid. w.e.f. .

section 435e. of the merchant shipping act : show related subordinates 1435e. registrars of indian fishing boats.the central government may, by notification in the official gazette, appoint an officer to be registrar of indian fishing boats hereafter in this part referred to as registrar at every port or place declared as a port or place of registry under subsection 1 of section 435d. 1. ins. by s. 15, ibid. w.e.f. .

section 435f. of the merchant shipping act : 1435f. application for registry.an application for the registry of an indian fishing boat shall be made a in the case of an individual, by the person requiring to be registered as owner or by his agent b in the case of more than one individual requiring to be so registered, by one or more of the persons so requiring or by his or their agent or agents, as the case may be and c in the case of a company or a cooperative society requiring to be so registered, by its agents and the authority of the agent shall be testified in writing, if appointed by an individual under the hand of the person appointing him and, if appointed by a company or a cooperative society under its common seal. 1. ins. by s. 15, ibid. w.e.f. .

section 435g. of the merchant shipping act : 1435g. certificate of registry.1 the owner of every indian fishing boat required to be registered under this part shall make an application in the prescribed form to the registrar for the grant to him of a certificate of registry in respect of the fishing boat. 2 the owner of every indian fishing boat in respect of which an application under subsection 1 is made, shall cause the tonnage of the fishing boat to be ascertained in the prescribed manner. 3 the registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose hereinafter referred to as fishing boats register the following particulars in respect of the indian fishing boat, namely: a the name of the fishing boat, the place where she was built and the port to which she belongs b the rig, type and tonnage of the fishing boat c the number assigned to the fishing boat d the name, occupation and residence of the owner of the fishing boat e the mortgages, if any, effected by the owner in respect of the fishing boat and f such other particulars as may be prescribed. 4 after the particulars in respect of the indian fishing boat have been entered in the fishing boats register under subsection 3, the registrar shall grant to the applicant a certificate of registry in the prescribed form. 5 the owner of every indian fishing boat shall pay for each certificate of registry a fee according to such scale as may be prescribed by the central government having regard to the tonnage of the fishing boat, but in no ease exceeding one rupee per ton of its gross tonnage. 6 an indian fishing boat required to be registered under this part but not so registered may be detained by a proper officer until the owner, skipper, tindal or other person in charge of the fishing boat produces a certificate of registry in respect of the fishing boat. 1. ins. by s. 15, ibid. w.e.f. .

section 435h. of the merchant shipping act : 1435h. particular relating to indian fishing boats to be painted.the owner of every indian fishing boat so registered shall, before commissioning the fishing boat into service, paint or cause to be painted permanently in the prescribed manner on some conspicuous part of the fishing boat, the name by which the fishing boat has been registered, the number assigned to the fishing boat by the registrar and the port or place to which she belongs, and shall take all steps to ensure that the fishing boat remains painted as required by this section. 1. ins. by s. 15, ibid. w.e.f. .

section 435i. of the merchant shipping act : show related subordinates 1435i. change of name of indian fishing boat.a change shall not be made in the name of an indian fishing boat registered under this part except in accordance with rules made in this behalf. 1. ins. by s. 15, ibid. w.e.f. .

section 435j. of the merchant shipping act : 1435j. special provision for indian fishing boats.every indian fishing boat registered under this part shall carry on board such life sauing appliances and fire appliances as are prescribed by rules made under sections 288, 289 and 457 or under any other provision of this act, subject to such exemptions as may be specially granted in respect of such fishing boat. 1. ins. by s. 15, ibid. w.e.f. .

section 435m. of the merchant shipping act : 1435m. inspection of safety equipments and appliances.1 any surveyor appointed under section 9, any registrar appointed under section 435e or any other officer appointed by the central government in this behalf by notification in the official gazette may at any reasonable time inspect any indian fishing boat for the purpose of seeing the she is properly provided with safety equipments and appliances in conformity with the rules referred to in section 435j. 2 if the surveyor, or, as the case may be, the registrar or other officer appointed under subsection 1 finds that the indian fishing boat is not provided with the aforesaid equipments and appliances, he shall give to the owner, skipper or tindal or any other person in charge of the fishing boat a notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy the said deficiency. 3 no indian fishing boat served with a notice under subsection 2 shall proceed to sea until it obtains a certificate signed by the surveyor, registrar or other officer appointed under subsection 1 to the effect that it is properly provided with safety equipments and appliances in conformity with the aforesaid rules. 1. ins. by s. 15, ibid. w.e.f. .

section 435o. of the merchant shipping act : 1435o. transfer of registry.the registry of an indian fishing boat may be transferred from one port or place to another port or place in india on the application of the owner of the fishing boat, in accordance with such rules as may be made in his behalf. 1. ins. by s. 15, ibid. w.e.f. .

section 435l. of certificate of inspection. of the merchant shipping act : 1435l. cancellation, reissue, etc., of certificate of inspection.1 where at any time subsequent to the issue of a certificate of inspection in respect of an indian fishing boat, the registrar has reason to believe that the fishing boat is not fit to proceed to sea, he may, after giving the owner an opportunity of making a representation, cancel such certificate. 2 where at any time subsequent to the issue of a certificate of inspection an indian fishing boat has undergone material alteration or has met with accident or, where the certificate of inspection has been cancelled under subsection 1 and the application is made for the reissue of such certificate or for the grant of a fresh certificate, the registrar may, before reissuing the certificate or issuing a fresh certificate, as the case may be, cause such fishing boat to be inspected and if the authority inspecting the fishing boat reports that she is not fit to proceed to sea or that her hull, rigging or equipment are defective, such certificate shall not be reissued or issued until the fishing boat is in the opinion of such authority, fit to proceed to sea or the defect is rectified to the satisfaction of that authority. 1. ins. by s. 15, ibid. w.e.f. .

section 435n. of the merchant shipping act : 1435n. registration of alteration.when an indian fishing boat is so altered us not to correspond with the particulars relating to her entered in the certificate of registry, the owner of such fishing boat shall make a report of such alterations to the registrar of the port or place where the fishing boat is registered, and the registrar shall either cause the alterations to be registered, or direct that the fishing boat may be registered anew, in accordance with such rules as may be made in this behalf. 1. ins. by s. 15, ibid. w.e.f. .

section 435r. of the merchant shipping act : 1435r. mortgage of indian fishing boats.1 every mortgage of an indian fishing boat or any interest therein effected after the date on which this part comes into force shall be registered with the registrar. 2 every mortgage of an indian fishing boat or any interest therein effected before the date on which this part comes into force shall, if subsisting on that date, be registered with the registrar within three months from that date. 3 the registrar shall enter every such mortgage in the fishing boats register in the order in which it is registered with him. 4 if there arc more mortgages than one recorded in respect of the same indian fishing boat or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered with the registrar and not according to the date of each mortgage itself: provided that nothing contained in this subsection shall affect the relative priorities as they existed immediately before the date on which this part comes into force as between mortgages of the same fishing boat or interest therein effected before such date which are registered in accordance with the provisions of subsection 2. 1. ins. by s. 15, ibid. w.e.f. .

section 435t. of the merchant shipping act : 1435t. statement relating to crew of indian fishing boat to be maintained.1 every owner, skipper, tindal or other person in charge of a mechanised indian fishing boat of 25 registered tons and above shall maintain or cause to be maintained in the prescribed form a statement of the crew of the fishing boat containing the following particulars with respect to each member thereof, namely: a his name b the wages payable to him c the names and addresses of his nextofkin d the date of commencement of his employment and e such other particulars as may be prescribed: provided that the central government may, if it is of opinion that it is necessary or expedient so to do, and for reasons to be recorded in writing, exempt, by general or special order, any indian fishing boat or class of indian fishing boats from the provisions of this subsection. 2 every change in the crew of the indian fishing boat shall be entered in the statement under subsection 1. 3 a copy of such statement and of every change entered therein shall be communicated as soon as possible to the registrar of the port or place of registry of the indian fishing boat concerned. 1. ins. by s. 15, ibid. w.e.f. .

section 435p. of the merchant shipping act : 1435p. closure of registry.if an indian fishing boat is lost, destroyed or rendered permanently unfit for service, the owner of such fishing boat shall, with the least possible delay, report the fact to the registrar of the port or place where the fishing boat is registered and also forward to him certificate of registry in respect of the fishing boat and thereupon the registrar shall have the registry of the fishing boat closed. 1. ins. by s. 15, ibid. w.e.f. .

section 435v. of the merchant shipping act : 1435v. application to indian fishing boats of other provisions relating to ships.the central government may, by notification in the official gazette, direct that any provisions of this act other than those contained in this part which do not expressly apply to indian fishing boats shall also apply to indian fishing boats subject to such conditions, exceptions and modifications as may be specified in the notification. 1. ins. by s. 15, ibid. w.e.f. .

section 435q. of the merchant shipping act : 1435q. restriction on transport of indian fishing boats.no person shall transfer or acquire any indian fishing boat registered under this part or any interest therein without the previous approval of the central government and any transaction effected in contravention of this section shall be void and unenforceable. 1. ins. by s. 15, ibid. w.e.f. .

section 435s., prohibited. of the merchant shipping act : 1435s. fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.1 no person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect of an indian fishing boat for any purpose other than the lawful operation of that fishing boat. 2 no person shall use or attempt to use for the operation of an indian fishing boat, a certificate of registry or a certificate of inspection not granted in respect of that fishing boat. 3 no person who has in his possession or under his control the certificate of registry or the certificate of inspection of an indian fishing boat shall refuse or omit without reasonable cause to deliver such certificate on demand to the owner of the fishing boat. 1. ins. by s. 15, ibid. w.e.f. .

section 435u. of the merchant shipping act : show related subordinates 1435u. power to make rules respecting indian fishing boats.1 the central government may make rules to carry out the provisions of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which applications for certificates of registry shall be made and the particulars which such applications should contain b the manner in which tonnage of an indian fishing boat shall be ascertained c the form in which fishing boats register shall be maintained d the forms in which certificates of registry and certificates of inspection may be issued e the fees which may be levied for the issue or reissue of certificates of registry or certificates of inspection and for all other purposes of this part f the manner in which the name, number assigned to the indian fishing boat and name of the port or place to which she belongs shall be painted g the manner in which any change may be made in the name of an indian fishing boat h any exemption from the requirements relating to carriage of safety equipment and appliances by an indian fishing boat that may be specially granted under section 435j in respect of such fishing boat i the manner in which alterations in indian fishing boats shall be reported and applications for the registry of such alterations in the certificates of registry of indian fishing boats shall be made, the endorsement of the particulars of alterations on the certificates of registry, the grant of provisional certificates in cases where indian fishing boats are directed to be registered anew, cases in which indian fishing boats shall be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations j the manner in which registry of an indian fishing boat may be transferred from one port or place in india to another port or place in india k the form in which statement of members of crew of an indian fishing boat may be maintained l any other matter which has to be or may be prescribed. 1. ins. by s. 15, ibid. w.e.f. .

section 435w. of the merchant shipping act : 1435w. fishery data to be furnished by indian fishing boats.the central government may, by notification in the official gazette, require every indian fishing boat or any specified class of indian fishing boats to furnish such fishery data to the registrar in such form and at such periodical intervals as may be specified in that notification. 1. ins. by s. 15, ibid. w.e.f. .

section 435x. of the merchant shipping act : 1435x. power to exempt.notwithstanding anything contained in this part, the central government may, by order in writing and upon such conditions as it may think fit to impose, exempt any indian fishing boat or class of indian fishing boats or skipper, tindal or member or crew of such fishing boat or class of fishing boats from any specified requirement contained in or prescribed by any rules made in pursuance of any provision of this part or from any other requirement of this act extended to indian fishing boats or to personnel employed on indian fishing boats by a notification issued under section 435 v, if it is satisfied that the requirement is substantially complied with or the compliance with the requirement may be impracticable or unreasonable in the circumstances attending the case. 1. ins. by s. 15, ibid. w.e.f. .

section 437. of the merchant shipping act : any person committing any offence under this act or any rule or regulation thereunder may be tried for the offence in any place in which he may be found or which the central government may by notification in the official gazette, direct in this behalf, or in any other place in which the might be tried under any other law for the time being in force.

section 438. of the merchant shipping act : the penalties to which masters and owners of 1special trade passenger and pilgrim ships are made liable by section 436 shall be enforced only on information laid at the instance of the certifying officer, or, at any port or place where there is no such officer at the instance of such other officer as the central government may specify in his behalf. 1. subs. by act 69 of , s. 2, for unberthed passenger w.e.f..

section 436. of the merchant shipping act : 1any person who contravenes any provision of this act or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence and if in respect of any such offence no penalty is specially provided in subsection 2, he shall be punishable with fine which may extend to two hundred rupees. 2 the offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively. serial no. offences section of this act to which offence has reference penalties 1. if the owner or master of an indian ship fails to comply with or contravenes subsection 2 of section 28. 282 fine which may extend to one thousand rupees. 2. if a person willfully makes a false statement in the builders certificate referred to in section 30. 30 fine which may extend to one thousand rupees. 3. if a person contravenes subsection 2 of section 35. 352 fine which may extend to one thousand rupees. 4. if the owner or master of an indian ship commits an offence under subsection 4 of section 35. 354 fine which may extend to one thousand rupees. 5. if a master, without reasonable cause, fails to comply with subsection 4 of section 36. 364 fine which may extend to five hundred rupees. 6. if a person makes illegal use of a certificate of registry stated to have been mislaid, lost or destroyed or if a person entitled to the certificate of registry obtains it at any time afterwards but fails to deliver the said certificate to the registrar as required by subsection 5 of section 36. 365 fine which may extend to one thousand rupees. 7. if a master fails to deliver to the registrar the certificate of registry as required by subsection 2 or subsection 3 of section 2, 38 3 fine which may extend to one thousand rupees. 8. if an owner fails to comply with subsection 1 of section 39 or if a master fails to comply with subsection 2 of that section. 39 1, 39 2 fine which may extend to one thousand rupees. 9. if any person contravenes subsection 1 of section 42. 421 fine which may extend to one thousand rupees. 10. if any person acts or suffers any person under his control to act in contravention of section 55 or omits to do or suffers any person under his control to omit to do anything required under that section. 55 fine which may extend to one thousand rupees but nothing herein shall affect the power to detain the ship under subsection 4 of that section. 11. if an owner fails to make an application for registering anew a ship or for registering an alteration of a ship under section 56. 56 fine which may extend to one thousand rupees and in addition, a fine which may extend to fifty rupees for every day during which the offence continues after conviction. 12. if any distinctive national colours except those declared under subsection 1 of section 63 are hoisted on board any indian ship. 631 the master, owner and every other person hoisting the colours shall be liable to fine which may extend to five thousand rupees. 13. if a person contravenes section 64. 64 imprisonment which may extend to two years, or fine which may extend to five thousand rupees, or both. 14. if an owner or master contravenes section 65. 65 imprisonment which may extend to two years, or fine which may extend to five thousand rupees, or both. 15. if default is made in complying with section 66. 66 the master shall be liable to fine which may extend to one thousand rupees. 16. if any person in the case of any declaration made in the presence of or produced to a registrar under part v or in any document or other evidence produced to such registrar a willfully makes or assists in making or procures to be made, any false statement concerning the title to or ownership of or the interest existing in any ship or any share in a ship or b utters, produces or makes use of any declaration or document containing any such false statement knowing the same to be false. if a any person causes a ship or fishing vessel to proceed to sea without the required certificated personnel. b any person having been engaged as one of the officers referred to in section 76 goes to sea a such officer without being duly certificated. c any master fails to submit the required crew list or fails to report the changes made in the list before commencing the relevant voyage. general 1c imprisonment which may extend to six months or fine which may extend to ten thousand rupees, or both. imprisonment which may extend to six months or fine which may extend to five thousand rupees, or both. fine which may extend to five thousand rupees and in addition, a fine which may extend to one thousand rupees for everyday during which the offence continues after conviction. 18. if a master or owner fails to comply with any of the requirements of section 93. 93 fine which may extend to two hundred rupees. 19. if a master fails without reasonable cause to comply with any of the requirements of section 94. 94 fine which may extend to one hundred rupees. 20. if any person acts in contravention of subsection 2 of section 95 or section 96 or section 97. 952, 96, 97 fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed. 21. if a person engages or carries any seaman to sea in contravention of subsection 2 of section 98 or section 99. 98 2, 99 fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed. 22. if a master carries any seaman to sea without entering into an agreement with him in accordance with this act. 100 fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed. 23. if a master enters into an agreement with any seaman for a scale of provisions less than the scale fixed under clause g of subsection 2 of section 101. 1012g fine which may extend to two hundred rupees. 24. if a master fails without reasonable cause, to comply with any of the requirements of section 105, subsection 4 of section 106 or section 107. 105, 1064,107 fine which may extend to fifty rupees. 25. if any person a is carried to sea to work in contravention of section 109 or section 111 or b is engaged to work in any capacity in a ship in contravention of section 109 or section 111 on a false representation by his parent or guardian that the young person is of an age at which such engagement is not in contravention of those sections. 109, 111 the master shall be liable to a fine which may extend to fifty rupees the parent or guardian shall be liable to a fine which may extend to fifty rupees. 26. if a master refuses or neglects to produce for inspection any certificate of physical fitness delivered to him under section 111 when required to do so by a shipping master. general fine which may extend to fifty rupees. 27. if the master of a ship, where there is no agreement with the crew, fails to keep the register of young persons required to be kept under section 112 or refuses or neglects to produce such register for inspection when required so to do by a shipping master. general fine which may extend two hundred rupees. 28. if the master of a ship other than an indian ship engages a seaman in india otherwise than in accordance with section 114. 114 fine which may extend to one hundred rupees for every seaman so engaged. 29. if any owner, master or agent willfully disobeys any order under section 115. 115 imprisonment which may extend to three months, or fine which may extend to one thousand rupees, or both. 30. if a master fails to comply with section 116. 116 fine which may extend to one hundred rupees. 31. if any person obstructs any officer referred to in section 117 in the exercise of his powers under that section. general fine which may extend to one hundred rupees. 32. if a master or owner acts in contravention of subsection 1 or subsection 2 of section 118. 1181, 1182 fine which may extend to one hundred rupees. 33. if a master fails to comply with the provisions of subsection 1 of section 119 or, without reasonable cause, fails to return the certificate of competency to the officer concerned as required by subsection 2 of that section. 1191, 1192. fine which may extend to two hundred rupees. 34. if a master fails to comply with section fine which may extend to one hundred rupees. 35. if any person a forges or fraudulently alters any certificate of discharge or a certificate as to the work of a seaman or a continuous discharge certificate or a copy of any such certificate or b fraudulently uses any certificate of discharge or a certificate as to the work of a seaman or a continuous discharge certificate or a copy of any such certificate which is forged or altered or does not belong to him. general imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. 36. if any person acts in contravention of subsection 1 of section 121. 1211 fine which may extend to one thousand rupees. 37. if a master a fails without reasonable cause to comply with subsection 1 or subsection 3 of section 122 or b delivers a false statement for the purpose of subsection 2 of section 122. 1221, 1223. 122 2 fine which may extend to two hundred rupees. 38. if a master fails, without reasonable cause, to comply with section 125. 125 fine which may extend to fifty rupees. 39. if a master or owner pays the wages of a seaman in a manner contrary to subsection 1 of section 128. 1281 fine which may extend to one hundred rupees. 40. if a master fails to comply with section fine which may extend to one hundred rupees. 41. if any person fails, without reasonable cause, to comply with any requisition under section 133. 133 fine which may extend to fifty rupees. 42. if a seaman contravenes subsection 3 of section 135. 1353 imprisonment which may extend to one month, or fine which may extend to one hundred rupees, or both, but nothing herein shall take away or limit any other remedy which any person would otherwise have for breach of contract or refund of the money advanced or otherwise. a. if the master or owner contravenes the provisions of section 138a 138a fine which may extend to double the average wages per hour payable to the seaman for working beyond fortyeight hours. 43. if any person commits a breach of any term of any award which is binding on him under subsection 5 of section 150 general imprisonment which may extend to one month, or fine which may extend to one thousand rupees, or both. 44. if a seaman or an owner contravenes section 151. 151 imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. 45. if a master fails to comply with the provisions of this act with respect to taking charge of the property of a deceased seaman or apprentice or to making in the official log book the proper entries relating thereto or to the payment or delivery of such property as required by subsection 1 of section 154. 1541 fine which may extend to three times the value of the property not accounted for or if such value is not ascertained, to five hundred rupees, but nothing herein shall affect his liability under subsection 1 of section 154 to account for the property not accounted for. 46. if the master of an indian ship fails or refuses without reasonable cause to receive on board, his ship or to give a passage or subsistence to, or to provide for, any seaman contrary to subsection 1 of section 163. 1631 fine which may extend to one thousand rupees in respect of each such seaman. 47. a if a master fails to comply with, or contravenes any provision of subsection 3 of section 168 b if a master or any other person having charge of any provisions or water on board a ship liable to inspection under section 168 refuses or fails to give the person making the inspection reasonable facility for the purpose. 6 fine which may extend to two hundred rupees, but nothing herein shall affect the power to detain the ship under subsection 2 of section 168 fine which may extend to two hundred rupees. 48. if a master fails to furnish provisions to a seaman in accordance with the agreement entered into by him and the court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for use. general fine which may extend to five hundred rupees, but nothing herein shall affect the claim for compensation under subsection 1 of section 169. 49. if a master fails without reasonable cause to comply with section 171. 171 fine which may extend to one hundred rupees. 50. a if any requirement of section 172 is not complied with in the case of any ship or b if obstruction is caused to the port health officer in the discharge of his duty. 172 the owner shall be liable to fine which may extend to two hundred rupees unless he can prove that the noncompliance was not caused by his inattention, neglect or wilful default the owner or master shall be liable to fine which may extend to two hundred rupees unless he can prove that the obstruction was caused without his knowledge or connivance. 51. if any foreigngoing ship referred to in subsection 1 of section 173 does not carry on board a duly qualified medical officer. 1731 the owner shall be liable for each voyage of the ship made without having on board a duty qualified medical officer, a fine which may extend to two hundred rupees. 52. if a muster fails, without reasonable cause, to comply with section 184. 184 fine which may extend to one hundred rupees. 53. if any person fails to comply with subsection 1 of section 187. 1871 fine which may extend to one hundred rupees. 54. if any person contravenes section 188. 188 fine which may extend to fifty rupees. 55. if any person goes on board a ship contrary to section 189. 189 fine which may extend to two hundred rupees. 56. if a master, seaman or apprentice contravenes section 190. 190 imprisonment which may extend to two years or fine which may extend to one thousand rupees, or both. 57. if a seaman or apprentice a deserts his ship 1911 a he shall be liable to forfeit all or any part of the property he leaves on board and of the wages he has then earned and also if the desertion takes place at any place not in india, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to india, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him, and also to imprisonment which may extend to three months b contravenes clause b of subsection l of section 191. 191 1 b he shall, if the contravention does not amount to desertion, be liable to forfeit out of his wages a sum not exceeding two days pay and in addition for every twentyfour hours of absence either a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months 58. if any person contravenes subsection 3 of section 193. 193 3 fine which may extend to two hundred rupees. 59. if a seaman or apprentice is guilty of the offence specified in i clause a of section 194 ii clause b of section 194 iii clause c of section 194 194 forfeiture out of his wages of a sum not exceeding one months pay. forfeiture out of his wages of a sum not exceeding two days pay imprisonment which may extend to one month and also for every twentyfour hours of continuance of such disobedience or neglect, forfeiture out of his wages of a sum not exceeding six days pay or any expenses which may have been properly incurred in hiring a substitute iv clauses d and e of section 194 imprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both v clause f of section 194. forfeiture out of his wages of a sum equal to the loss sustained and also imprisonment which may extend to three months. 60. if any master fails to comply with section 197. 197 imprisonment which may extend to one month, or fine which may extend to one hundred rupees, or both. 61. if a seaman on or before being engaged wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship or wilfully and fraudulently makes a false statement of his own name general fine which may extend to fifty rupees. 62. if a master or owner neglects or refuses to pay over the fine under subsection 1 of section 202. 202 fine which may extend to six times the amount of the fine retained by him. 63. if any person contravenes section 203. 203 fine which may extend to one hundred rupees. 64. if any person contravenes section 204. 204 fine which may extend to one hundred rupees. 65. if any person goes to sea in a ship contrary to subsection 1 of section 205. 205 1 imprisonment which may extend to one month, or fine which may extend to two hundred rupees, or both. 66. a if any person willfully disobeys the prohibition obtained in clause a of section 206 206 a imprisonment which may extend to three months, or fine which may extend to one thousand rupees or both bif any master or owner refuses or neglects to deposit any wages, money, or other property or sum in the manner required by clause b of section 206. 206 b fine which may extend to five hundred rupees. 67. if a master fails to deliver or transmit the documents referred to in subsection 1 of section 208 or section 209 as provided therein. 208 1, 209 fine which may extent to five hundred rupees. 68. if a master contravenes subsection 1 of section 210. 2101 imprisonment which may extend to three months, or fine which may extend to one thousand rupees, or both. 69. if any person harbours or secretes any deserter knowing or having reason to believe that he has deserted general fine which may extend to two hundredrupees. 70. if a master fails to comply with subsection 2 of section 214. 2142 fine which may extend to one hundred rupees. 71. a if subsection 1 of section 215 is not complied with b if any person contravenes subsection 2 of section 215. 2 the master shall be liable to fine, which may extend to fifty rupees, if no other penalty is provided in this act fine which may extend to three hundred rupees. 72. if any person willfully destroys or mutilates or renders illegible any entry in any official log book or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log book. general imprisonment which may extend to one year. 73. if a master fails, without reasonable cause, to comply with section 216. 216 fine which may extend to two hundred rupees. 74 if a master or owner fails, without reasonable cause, to comply with section 217. 217 fine which may extend to one hundred rupees. 75. if an owner, agent or master without reasonable cause neglects to give the notice required by subsection 1 of section 229. 2291 fine which may extend to five hundred rupees. 76. if an owner or master, without reasonable cause, fails to deliver a certificate under section 230. 230 fine which may extend to one hundred rupees 77. if a certificate or survey is not affixed or kept affixed as required by section 231. 231 the owner or master shall be liable to fine which may extend to two hundred rupees. 78. if a ship carries or attempts to carry passengers in contravention of subsection 1 of section 220 or has on board a number of passengers in contravention of subsection 1 of section 231. 2201, 2321 the owner, agent or master shall be liable to fine which may extend to one thousand rupees. 79. a if a person is guilty of any offence specified in subsection 1 of section 233 b if a person contravenes subsection 2 of section 233. 2 the person concerned shall be liable to fine which may extend to fifty rupees but this liability shall not prejudice the recovery of the fare, if any, payable by him fine which may extend to three hundred rupees. 80. if 304 a special trade passenger or pilgrim. ship departs or proceeds on a voyage from or discharges 305 special trade passengers or pilgrims at any port or place within india in contravention of subsection 1 of section 237, or if a person is received as 304 a special trade passenger or pilgrim on board any such ship in contravention of subsection 2 of that section. 2371, 2372 the masterowner or agent shall be liable to fine which may extend to one thousand rupees. 81. if the master, owner or agent of 306 a special trade passenger or pilgrim ship fails to give the notice required by subsection 1 of section 1 fine which may extend to two hundred rupees. 82. if a person impedes or refuses to allow any 239 entry or inspection authorised by subsection 239. 239 fine which may extend to five hundred rupees. 83. if a master or owner fails to comply with section 246. 246 fine which may extend to two hundred rupees. 84. if the master, owner or agent of 307 a special trade passenger or pilgrim ship, after having obtained any of the certificates mentioned in part viii, fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, or 308 special trade passengers or pilgrims or other matters to which the certificate relates. general imprisonment for a term which may extend to six months, or fine which may extend to two thousand rupees, or both. 85. if the master of 307 a special trade passenger or pilgrim ship or any contractor employed by him for the purpose contravenes section 247. 247 fine which may extend to thirty rupees for every 309 special trade passenger or pilgrim, who has sustained detriment by the omission to supply the prescribed provisions. 86. if 307 a special trade passenger or pilgrim ship carries 308 special trade passengers or pilgrims in contravention of subsection 1 section 248. 2481 the master, owner or agent shall be liable to fine which may extend to two thousand rupees. 87. if a master, owner or agent contravenes section 249. 249 fine which may extend to one thousand rupees. 88. if an owner, agent or master contravenes section 252. 252 fine which may extend to one thousand rupees. 89. if the master, owner or agent fails to comply with subsection 1 of section 255. 2551 fine which may extend to two hundred rupees a. if a master, owner or agent contravenes subsection 6 of section 255. 2556 fine which may extend to two thousand rupees. 90. if medical officers or medical attendants are not carried on 307 a special trade passenger ship as required by subsection 1 or subsection 2 of section 259 as the case may be or if the ship is not provided with a hospital, medical stores and equipment as required by subsection 3 of that section. 259 the master, owner or agent shall be liable for each voyage made in contravention of section 259 to fine winch may extend to five hundred rupees. a. a if medical officers and attendants are not carried on a pilgrim ship in accordance with clause a of subsection 4 section 259 or 2594a the master, owner or agent shall be liable for each voyage made in contravention of clause a of subsection 4 of section 259 to fine which may extend to three hundred rupees. b if a medical officer or attendant or a pilgrim ship contravenes clause c of subsection 4 of section 259. 2594c fine which may extend to two hundred rupees. 91. if an owner, agent or master contravenes section 260. 260 fine which may extend to one thousand rupees. 94. if section 291 is not complied with in the case of a ship. 291 the master or owner shall be liable to fine which may extend to one thousand rupees. 95. if section 292 is not complied with in the case of a ship. 292 the master or owner shall be liable to fine which may extend to two hundred rupees. 96. if any ship proceeds or attempts to proceed to sea in contravention of section 297. 297 the master or owner shall be liable to fine which may extend to two hundred rupees. 97. if any ship proceeds or attempts to proceed to sea without carrying on board the information required by section 298. 298 the master or owner shall be liable to fine which may extend to one thousand rupees. 98. if any ship proceeds or attempts to proceed to sea in contravention of section 307. 307 the master or owner shall be liable to fine which may extend to a in the case of a passenger ship, to one hundred rupees for every passenger carried on board the ship but without prejudice to any other remedy or penalty under this act and b in the case of a ship other than a passenger ship, to one thousand rupees. a. if the owner, agent or master fails to comply with section 309a. 309a fine which may extend to five hundred rupees. 99. if any ship proceeds or attempts to proceed to sea in contravention of section 312. 312 the master or owner shall be liable to fine which may extend to one thousand rupees. 100. if any ship is loaded in contravention of section 313. 313 the master or owner shall be liable to fine which may extend to ten thousand rupees and to such additional fine not exceeding 312 five thousand rupees for every inch or fraction of an inch by which the appropriate load lines on each side of the ship are submerged or would have been submerged if the ship had been in salt waters and had no list, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship is or would have been increased by reason of the submersion: provided that it shall be a good deference for the master or owner to prove that a contravention was due solely to deviation or delay caused solely by stress of whether or other circumstance which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled. 101. a if the owner or master of an indian ship contravenes subsection 1 of section 314 or b if any person contravenes subsection 2 of section 314. 2 fine which may extend to one thousand rupees 102. if a master or owner fails to deliver the certificate as required under subsection 313 8 of section 317. 8 fine which may extend to one hundred rupees. 103. if a master proceeds or attempts to proceed to sea in contravention of subsection 1 of section 318. 3181 fine which may extend to one thousand rupees. 104. a if the owner of an indian ship fails to comply with clause a of subsection 1 of section 319, or b if a master fails to comply with clause b of subsection 1, or clause a or clause b of subsection 2 of section 319. 3191a 3191b 3192 fine which may extend to two hundred rupees. 105. if a master fails to comply with subsection 1 of section 320. 3201 fine which may extend to one hundred rupees. a. if the owner, agent or master fails to comply with subsection 1 of section 331a. 331a fine which may extend to one thousand rupees. 106. a if a master, owner or agent is guilty of an offence under subsection 1 of section 332 or b if the owner or master of a ship is guilty of an offence under subsection 2 of section 332 or c if a master fails to deliver any notice required by subsection 3 of section 332 or if in any such notice he makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular. 2 3323 fine which may extend to three thousand rupees. fine which may extend to one thousand rupees. 107. if a ship is loaded in contravention of subsection 1 of section 333. 3331 the master or owner shall be liable to fine which may extend to ten thousand rupees and to an additional fine not exceeding one thousand rupees for every inch or fraction of an inch by which the appropriate subdivision load line on each side was submerged or would have been submerged if the ship had no list, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion. 108. if a person is guilty of an offence under subsection 1 or if a master is guilty of an offence under subsection 2 of section 334. 3341, 3342 imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. a. if an indian nuclear ship proceeds or attempts to proceed to sea in contravention of subsection 1 of section 344c. 344c the master or owner shall be liable to fine which may extend to ten thousand rupees. 108b. if an indian nuclear ship, fails to comply with subsection 1 of section 344d. 344d the master or owner or agent shall be, liable to imprisonment which may extend to six months or fine which may extend to ten thousand rupees or both. 108c. if a nuclear ship other than an indian ship enters the territorial waters of india in contravention of section 344e 344e the master shall be liable to fine which may extend to ten thousand rupees. 108d. if the master of a nuclear ship fails to give the notice required by subsection 1 of section 344f. 344f fine which may extend to ten thousand rupees. 108e. a if the master of a nuclear ship fails to give the notice required by subsection 1 or subsection 2 or subsection 5 of section 344g 344g1, 2 and 5 imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both. b if the master of a nuclear ship fails to comply with any directions issued under subsection 3 or subsection 5 of section 344g. 344g3 and 5 imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both. 109. if a master or person in charge of a ship fails, without reasonable cause to comply with section 348. 348 imprisonment which may extend to three months or fine which may extend to three thousand rupees, or both. 110. if a master fails to comply with section 349. 349 fine which may extend to two hundred rupees. 111. if the owner or master fails, without reasonable cause, to comply with section 350. 350 fine which may extend to five hundred rupees. 112. if the owner or agent fails, without reasonable cause, to comply with section fine which may extend to five hundred rupees. 113. if any person contravenes section 353. 353 fine which may extend to five hundred rupees. 114. if a master fails to comply with section 354. 354 fine which may extend to five hundred rupees. 115. a if a master fails to comply with subsection 1 or subsection 2 of section 355 or 3551, 3552 imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. b if a master fails to comply with subsection 5 of section 355. 3555 fine which may extend to one thousand rupees. a. if a master fails to comply with section 355a. 355a imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. b. a if oil or oily mixture is discharged in contravention of subsection 1 of section 356c i where such discharge is made from an indian tanker anywhere into the sea 356c1 the master of the tanker shall be liable to fine which may extend to five lakh rupees. ii where such foreign tanker anywhere within the coastal waters of india. 356c1 the master of the tanker or, if the tanker is unmanned, the person in charge of its operation shall be liable to fine which may extend to five lakh rupees. b if oil or oily mixture is discharged in contravention of subsection 2 of section 356c i where such discharge is made by an indian ship other than a tanker anywhere into the sea 356c2 the master, or if the ship is unmanned the person in charge of the operation shall, be liable to fine which may extend to five lakh rupees. ii where such discharge is made by a foreign ship oilier than a tanker anywhere within the coastal waters of india. 356c2 the master of the ship shall be liable to fine which may extend to five lakh rupees. c if oil or oily mixture is discharged in contravention of subsection 3 of section 356c. 356c3 the master of the offshore installation if it be a mobile craft or the owner, operator, lessee or licence of an offshore insulation of any other type shall be liable to fine which may extend to five lakh rupees. 115c. if an indian ship is not fitted with equipment prescribed under section 356e. 356e the owner, master or agent of indian ship shall be liable to fine which may extend to ten thousand rupees. 115d. i if the master of an indian tanker or other ship fails to maintain an oil record book as required by section 356f or contravenes any rule made under that section. 356f the master of the indian tanker or other indian ship shall be liable to fine which may extend to five thousand rupees. ii if any person wilfully destroys or mutilates or renders illegible or prevents the making of any entry in the oil record book or makes or causes to be made a false entry in such book in contravention of any rule made under section 356f. 356f the offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to ten thousand rupees or both. 115e. if master of any ship refuses to certify copy of any entry in the oil record book to be a true copy of such entry as required under subsection 2 of section 356g. 356g2 the master of the ship shall be liable to fine which may extend to one thousand rupees. 115f. if any person fails to take action as required by a notice served on him under subsection 1 of section 356j. 356j1. the offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to ten lakh rupees or both. 115g. if owner of any indian ship, tug, barge or any other equipment fails to comply with any order issued under subsection l of section 356l. 356l1 the offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to one lakh rupees, or both and if the offence is a continuing one the offender shall be liable to a further fine which may extend to ten thousand rupees per day for every day during which the offence continues after conviction. h. if the owner of an indian ship fails to comply with section 356r 356r fine which may extend to fifteen lakh rupees. 115i. if a master proceeds or attempts to proceed to sea in contravention of section 356s 356s fine which may extend to three lakh rupees. 115j. if the owner of an indian ship or any person fails to comply with the rules made or measures taken by the central government under section 356u 356u fine which may extend to one lakh and fifty thousand rupees. 115k. if the master of a ship fails to maintain records as required by section 356v 356v fine which may extend to one lakh and fifty thousand rupees. 115l. if the master of a ship fails to comply with subsection 1 of section 356w 356w1 fine which may extend to one lakh and fifty thousand rupees. 116. if any person bound to give notice under subsection 2 of section 358 fails to give such notice. 3582 fine which may extend to five hundred rupees and in default of payment, simple imprisonment which may extend to three months. 117 if a master or ships officer fails to comply with section 378. 378 fine which may extend to five hundred rupees. 118. if any person wilfully disobeys any direction of the receiver of wreck under section 392. 392 fine which may extend to five hundred rupees. 119. if the owner or occupier of any land impedes or in any way hinders any person in the exercise of the rights given by section 393. 393 fine which may extend to five hundred rupees. 120. a if any person omits to give notice of the finding of any wreck to the receiver of wreck as required by clause a of section 395 or 395a fine which may extend, to one thousand rupees b if any person omits to deliver any wreck as required by clause b of section 395. 395b fine which may extend to one thousand rupees and in addition forfeiture of all claims to salvage and payment to the owner of such wreck, if the same is claimed, or if the same is unclaimed, to the government, a penalty, not exceeding twice the value of such wreck. 121. if any person contravenes any of the provisions of section 400. 400 fine which may extend to five hundred rupees. 122. a if a ship is taken to sea in contravention of subsection 1 of section 406 or if a ship engages in the coasting trade in contravention of subsection 1 of section 407 or b if, without reasonable excuse, any limitation or condition contained in a licence granted under section 406 or section 407 is contravened. 4061, , 407 the master or owner of the ship or in the case of a ship other than an indian ship the master, agent in india of the owner or the charterer of the ship in respect of which the contravention has taken place shall be liable to imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both. 123. if a person to whom a licence under section 406 or section 407 has been granted fails to comply with section 409. 409 fine which may extend to one hundred rupees. 124. a if any directions given under section 411 are not complied with or b if the provisions of subsection 3 of section 412 are contravened. 3 the owner, master or agent shall be liable to imprisonment for a term which may extend to six months, or to fine which may extend to one thousand rupees, or both. 125. if the owner, master or agent on whom a notice has been served under section 413 fails to furnish the information required within the time specified or furnishing the information makes any statement which he knows to be false on any material particular. 413 imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. 126. if a selling vessel required to be registered under section 417 is not registered in accordance with the provisions of that section. 417 the owner or tindal shall be liable to fine which may extend to five hundred rupees. 127. if the owner fails to comply with section 418. 418 fine which may extend to two hundred rupees. 128. if the provisions of section 419 are contravened. 419 the owner or tindal shall be liable to fine which may extend to two hundred rupees. 129. if any sailing vessel attempts to ply or proceed to sea without free board markings or is so loaded as to submerge such markings, or plies or proceeds to sea without a certificate of inspection as required by subsection 1 of section 421, or if any of the terms and conditions specified in such certificate are contravened. 4203, 421 the owner or tindal shall be liable to imprisonment which may extend to six months, or to fine which may extend to five hundred rupees, or both. 130. if the owner fails to comply with section 423. 423 fine which may extend to two hundred rupees and in addition a fine which may extend to twenty rupees for every day during which the offence continues after conviction. 131. if the owner fails to comply with section 425. 425 fine which may extend to two hundred rupees. 132. if any person contravenes section 426. 426 fine which may extend to five hundred rupees. 133. if any person contravenes any of the provisions of section 428. 428 imprisonment which may extend to three months, or fine which may extend to two hundred rupees, or both. 134. if the owner or tindal fails to comply with any of the provisions of section 429. 429 fine which may extend to two hundred rupees. 135. if the owner or tindal fails to comply with subsection 1 of section 430. 4301 imprisonment which may extend to three months, or fine which may extend to two hundred rupees, or both 136. a if a sailing vessel is engaged in the coasting trade in contravention of subsection 1 of section 431 or b if any of the terms and conditions imposed under subsection 2 of section 431 are contravened 2 the owner, tindal or agent shall be liable to imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. a. if any person is guilty of an offence under subsection 1 of section 432. 4321 imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both. . if the owner fails to comply with subsection 1 of section 434a 434a1 imprisonment which may extend to six months or fine which may extend to five thousand rupees, or both. a. if an indian fishing boat required to be registered under section 435c is not registered in accordance with the provisions of that section. 435c the owner shall be liable to fine which may extend to one thousand rupees. 137b. if the owner of an indian fishing boat fails to comply with the provisions of section 435h. 435h the owner shall be liable to fine which may extend to two hundred rupees. 137c. if the provisions of section are contravened. 435i the owner shall be liable to fine which may extend to two hundred rupees. 137d. if the provisions of section 435j are contravened. 435j the owner, skipper, tindal or any other person in charge of the indian fishing boat shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction. 137e. if the provisions of section 435k are contravened. 435k the owner, skipper, tindal or any other person in charge of the indian fishing boat shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction. 137f. if the provisions of section 435m are contravened. 435m the owner shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction. 137g. if the provisions of section 435n are contravened. 435n the owner shall he liable to fine which may extend to two hundred rupees and in addition to fine which may extend to twenty rupees for every day during which the offence continues after conviction. 137h. if the provisions of section 435p are contravened. 435p the owner shall be liable to fine which may extend to two hundred rupees. 137i. if any person contravenes the provisions of section 435q. 435q the offender shall be liable to fine which may extend to five hundred rupees. 137j. if any person contravenes the provisions of section 435s. 435s the offender shall be liable to imprisonment which may extend to three months or fine which may extend to two hundred rupees or both. 137k. if the provisions of section 435t are contravened. 435t the owner, skipper, tindal or any other person in charge of the indian fishing boat shall be liable to fine which may extend to two hundred rupees. 138. a if the master is guilty of an offence under subsection 2 of section 444 or b if the owner, master or agent is guilty of an offence under subsection 3 of section 444. 3 fine which may extend to one thousand rupees. 139. if any person exercises the profession of a ship surveyor in contravention of section 450 450 fine which may extend to one thousand rupees. 140. if any person does any act in contravention of subsection 2 of section 454 in respect of which no other penalty is provided. 4542 fine which may extend to two hundred rupees. 141. if any person is guilty of an offence under subsection 2 of section 456. 4562 fine which may extend to five hundred rupees. 302 subs. by act 13 of , s. 9 w.e.f. . 303 ins. by act 9 of , s. 6 w.e.f. . 304 subs. by act 69 of , s. 2, for an unberthed passenger ship w.e.f. . 305 subs. by s. 2, ibid., for unberthed passengers w.e.f. . 306 subs. by s. 2, ibid., for an unberthed passenger w.e.f. . 307 subs. by act 69 of , s. 2, for an unberthed passengers w.e.f. . 308 subs. by s. 2, ibid., for unberthed passengers w.e.f. . 309 subs. by s. 2, ibid., for unberthed passenger w.e.f. . 310 ins. by s. 25, ibid. w.e.f. . 311 ins. by s. 35, ibid. w.e.f. . 312 subs. by act 12 of , s. 16, for one thousand rupees w.e.f. . 313 subs. by act 25 of , s. 18, for 5 w.e.f.. 314 ins. by act 21 of , s. 35 w.e.f. . 315 ins. by act 21 of , s. 35 w.e.f. . 316 subs. by act 12 of , s. 16, for serial numbers 115b, 115c and 115d and the entires relating thereto w.e.f. . 317 ins. by act 31 of , s. 3 w.e.f. . 318serial no. 137 renumbered as serial no. 136a by act 41 of , s. 22 w.e.f. . 319 ins. by s. 22, ibid. w.e.f. . 320 ins. by act 12 of , s. 16 w.e.f. .

section 439. of the merchant shipping act : no court inferior to that of 1metropolitan magistrate or a, judicial magistrate of the first class shall try any offence under this act or any rule or regulation thereunder. 1. subs. by act 12 of , s. 17 and the schedule, for presidency magistrate or a magistrate of the first class w.e.f..

section 446. of the merchant shipping act : if any ship other than an indian ship is detained under this act, or if any proceedings are taken under this act against the master, owner or agent of any such ship, notice shall forthwith be served on the consular officer of the country in which the ship is registered, at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.

section 440. of the merchant shipping act : notwithstanding anything contained in 1section 29 of the code of criminal procedure, 2 of , it shall be lawful for a 2metropolitan magistrate or a judicial magistrate to pass any sentence authorised by or under this act on any person convicted of an offence under this act or any rule or regulation thereunder. 1. subs. by act 12 of , s. 17 and the schedule, for section 32 of the code of criminal procedure, 5 of w.e.f. . 2. subs. by s. 17 and the schedule, ibid., for presidency magistrate or a magistrate of the first class w.e.f. .

section 447. of the merchant shipping act : 1a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, imposing a fine under this act may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any detriment which he may have sustained by the act or default in respect of which the fine is imposed or in or towards payment of the expenses of the prosecution. 1. subs. by s. 17 and the schedule, for a magistrate w.e.f. .

section 441. of the merchant shipping act : 1 if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a 1company includes a cooperative society, a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. subs. by act 43 of , s. 11, for company includes a firm w.e.f. .

section 448. of the merchant shipping act : where for the purposes of this act, any document is to be served on any person, that document may be served a in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or by post and b if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship, with the person being or appearing to be in command or charge of the ship and c if the document is to be served on the master of a ship where there is no master and the ship is in india, on the owner of the ship, or if such owner is not in india, on some agent of the owner residing in india, or, where no such agent is known or can be found, by affixing a copy thereof to the master of the ship.

section 442. of the merchant shipping act : 1 whenever, in the course of any legal proceeding under this act instituted at any place in india before any 1court or judicial magistrate of the first class or metropolitan magistrate or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subjectmatter, and the defendant or the person accused as the case may be, after being allowed a reasonable opportunity for so doing, does not produce the witness before the 2court or judicial magistrate of the first class or metropolitan magistrate or person so authorised, any deposition previously made by the witness in relation to the same subjectmatter before any court,3or justice or judicial magistrate of the first class or metropolitan magistrate in any other place in india or, if elsewhere before a marine board or before any indian consular officer, shall be admissible in evidence a if the deposition is authenticated by the signature of the presiding officer of the court or of the 4justice or judicial magistrate of the first class or metropolitan magistrate or marine board or consular officer, before whom it is made b if the defendant or the person accused had an opportunity by himself or his agent of crossexamining the witness c if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused. 2 it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition and a certificate by such person that the defendant or person accused had an opportunity of crossexamining the witness, and that the deposition, if made in a criminal proceeding was made in the presence of the person accused, shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made. 1. subs. by act 12 of , s. 17 and the schedule, for court or magistrate w.e.f.. 2. subs. by s. 17 and the schedule, ibid., for court, magistratew.e.f.. 3. subs. by s. 17 and the schedule, ibid., for , justice or magistrate w.e.f.. 4. subs. by s. 17 and the schedule, ibid., for justice, magistrate w.e.f..

section 443. of the merchant shipping act : 1 whenever any damage has in any part of the world been caused to property belonging to the government or to any citizen of india or a company by a ship other than an indian ship and at any time thereafter that ship is found within indian jurisdiction, the high court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the master or any member of the crew of the ship, issue an order directed to any proper officer or other officer named in the order requiring him to detain the ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the high court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and any officer to whom the orders directed shall detain the ship accordingly. 2 whenever it appears that before an application can be made under this section, the ship in respect of which the application is to be made will have departed from india of the territorial waters of india, any proper officer may detain the ship for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. 3 in any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purpose of such proceeding be deemed to be the owner of the ship that has occasioned the damage.

section 444. of the merchant shipping act : show related subordinates 1 where under this act a ship is authorised or ordered to be detained, any commissioned officer of the indian navy or any port officer, pilot, harbour master, conservator of port or customs collector may detain the ship. 2 if any ship after detention, or after service on the master of any notice of, or order for, such detention proceeds to sea before she is released by competent authority, the master of the ship shall be guilty of an offence under this subsection. 3 when a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty any person authorised under this act to detain or survey the ship, the owner, master or, agent of such ship shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this subsection. 4 when any owner, or master or agent is convicted of an offence under subsection 3, the convicting magistrate may inquire into and determine the amount payable on account of expenses by such owner, master or agent under that subsection and may direct that the same shall be recovered from him in the manner provided for the recovery of fines.

section 449. of the merchant shipping act : the central government may appoint persons for the purpose of examining the qualifications of persons desirous of practicing the profession of a ship surveyor at any port in india and may make rules a for the conduct of such examinations and qualifications to be required b for the grant of certificates to qualified persons c for the fees to be paid for such examinations and certificates d for holding inquiries into charges of incompetency and misconduct on the part of holders of such certificates and e for the cancellation and suspension of such certificates.

section 445., by distress of movable property or ship. of the merchant shipping act : show related subordinates 1 when an order under this act for the payment of any wages or other sums of money is made by a 1court or judicial magistrate of the first class or metropolitan magistrate or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by 2such a magistrate. 2 where any 3court or judicial magistrate of the, first class or metropolitan magistrate or other officer or authority has power under this act, to make an order directing payment to be made of any seamans wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a ship and the same is not paid at the time or in the manner directed by the order of the 4court or judicial magistrate of the first class or metropolitan magistrate or officer or authority may, in addition to any other power it or he may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the ship and her equipment. 1. subs. by act 12 of , s. 17 and the schedule, for court, magistrate w.e.f. . 2. subs. by s. 17 and the schedule, for a magistrate w.e.f. . 3. subs. by s. 17 and the schedule, for court, magistrate or other officer w.e.f. . 4. subs. by act 12 of , s. 17 and the schedule, for court, magistrate, officer w.e.f. .

section 450. of the merchant shipping act : no person shall in any port in which there is a person exercising the profession of a ship surveyor and holding a certificate granted under section 449 exercise such profession in such port unless he holds a certificate granted under that section: provided that nothing herein contained shall prevent any person employed exclusively by lloyds register of shipping or bureau veritas or any other classification society specified by the central government in the official gazette in this behalf from discharging any of the duties of such employment or apply to any person specially exempted by the central government from the operation of this section.

section 454. of the merchant shipping act : 1 every judge, assessor, officer or other person who is empowered by this act to make an investigation or inquiry or to board, survey, inspect or detain a ship a may go on board any ship and inspect the same or any part thereof, or any of the machinery, equipment or articles on board thereof, or any certificates of the master or other officer to which the provisions of this act or any of the rules or regulations thereunder apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage, and if in consequence of any incident to the ship or for any other reason it is considered necessary so to do, may require the ship to be taken into dock for the purpose of inspection or survey b may enter and inspect any premises, the entry and inspection of which appears to be requisite for the purpose aforesaid c may, by summons under his hand, requires the attendance of all such persons as he thinks fit to call before him and examine them for the purpose aforesaid, and may require answers or returns to any enquiries he thinks fit to make d may require and enforce the production of all relevant books, papers, or documents e may administer oaths or may in lieu of requiring or administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination and f may muster the crew of any such ship. 2 no person shall hinder or obstruct any officer or person referred to in subsection 1 from going on board any ship or otherwise impede him in the execution of his duties or the exercise of his powers under this act. explanation. in this section, ship includes a sailing vessel.

section 456. of the merchant shipping act : show related subordinates 1 notwithstanding anything contained in this act, the central government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied that requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case. 1provided that no exemption which is prohibited by the safety convention shall be granted under this subsection. 2 where an exemption is granted under subsection 1 subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this subsection. 1 added by s. 37, ibid. w.e.f. .

section 451. of the merchant shipping act : any person holding a certificate granted under section 449 and exercising the profession of a ship surveyor at any port in india may in the execution of his duties go on board a ship and inspect the same and every part thereof and the machinery, equipment and cargo and may require the unloading or removal of any cargo, ballast or tackle.

section 452. of the merchant shipping act : 1 if any person dies on board a foreigngoing indian ship, the proper officer at the port where the crew of the ship is discharged, or the proper officer at any earlier port of call in india, shall, on the arrival of the ship at that port, inquire into the cause of death, and shall make in the official log book an endorsement to the effect, either that the statement of the cause of death in the book is in his opinion true, or the contrary, according to the result of the inquiry. 2 if, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the ship by violence or other improper means, he shall either report the matter to the directorgeneral or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial.

section 457. of the merchant shipping act : show related subordinates without prejudice to any power to make rules contained elsewhere in this act, the central government may make rules generally to carry out the purposes of this act.

section 453. of the merchant shipping act : the following persons shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of , namely: a every surveyor b every judge, assessor or other person acting under part xii c every person appointed under this act to report information as to shipping casualties d every person authorised under this act to make any investigation or inquiry under part x and all persons whom he calls to his aid e every person directed to make an investigation into an explosion or fire on a ship under section 388 f every other officer or person appointed under this act to perform any functions thereunder.

section 454a. of the merchant shipping act : show related subordinates 1454a. power to prescribe alternative fittings, etc. where this act requires that a particular fitting, material, appliances or apparatus or any type thereof shall be fitted or provided for in a ship or that any particular provision shall be made in a ship, the central government after satisfying itself by trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision is as effective as that so required, may permit, by general or special order, such other fitting, material, appliance or apparatus or type thereof or provision to be used or provided. 1. ins. by act 21 of , s. 36 w.e.f. .

section 455. of the merchant shipping act : 1 this act shall not except where specially provided, apply to ships belonging to any foreign prince or state and employed, otherwise than for profit in the public service of the foreign prince or state. 2 the central government may, by notification in the official gazette, direct that the, provisions of this act or any of them shall not apply to ships belonging to the government or to any class of such ships.

section 458. of the merchant shipping act : show related subordinates 1 all rules and regulations made under this act shall be published in the official gazette. 2 in making a rule or regulation under this act, the central government may direct that a breach thereof shall be punishable a in the case of a rule made under 1section 331 or section 344i with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both b in the case of any other rule or regulation made under any other provision of this act, with fine which may extend to one thousand rupees and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues. 23 every rule or regulation made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 3two or more successive sessions, and if, before the expiry of the session immediately following, the session or the successive sessions aforesaid both houses agree in making any modification in the rule or the regulations, or both houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1 subs. by s. 38, ibid., for section 331 w.e.f.. 2 subs. by s. 38, ibid., for subsection 3 w.e.f.. 3 subs. by act 69 of , s. 26, for two successive sessions and if before the expiry of the session in which it is so laid or the session immediately followingw.e.f..

section 459. of the merchant shipping act : 1 the central government may, if it thinks fit, constitute one or more committees consisting of such number of persons as it may appoint thereto representing the interests principally affected or having special knowledge of the subjectmatter, for the purpose of advising it when considering the making or alteration of any rules, regulations or scales of fees under this act or for any other purpose connected with this act. 2 there shall be paid to the members of any such committee such travelling and other allowances as the central government may fix. 3 committees may be constituted under this section to advise the central government either generally as regards any rules, regulations or scales of fees or as regards any class or classes of rules, regulations or scales of fees in particular or for any other purpose connected with this act.

section 461. of the merchant shipping act : 1 the enactments specified in part i of the schedule are hereby repealed to the extent specified in the fourth column thereof. 2 the enactments specified in part ii of the schedule, in so far as they extend to and operate as part of the law of india, are hereby repealed. 3 notwithstanding the repeal of any enactment by subsection 1 or subsection 2, a any notification, rule, regulation, byelaw, order or exemption issued, made or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the corresponding provision of this act b any officer appointed and anybody elected or constituted under any enactment hereby repealed shall continue and shall be deemed to have been appointed, elected or constituted, as the case may be, under this act c any document referring to any enactment hereby repealed shall be construed as referring to this act or to the corresponding provision of this act d any fine levied under any enactment hereby repealed may be recovered as if it had been levied under this act e any offence committed under any enactment hereby repealed may be prosecuted and punished as if it had been committed under this act f sailing vessels registered under any enactment hereby repealed shall be deemed to have been registered under this act g mortgages of ships recorded in any register book maintained at any port in india under any enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this act h any licence, certificate of competency or service, certificate of survey, a or b certificate, safety certificate, qualified safety certificate, radio telegraphy certificate, radio telephony certificate, safety equipment certificate, exemption certificate, international or indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this act shall be deemed to have been issued, made or granted under this act and shall, unless cancelled under this act, continue in force until the date shown in the certificate or document, as the case may be. 4 the mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the general clauses act, , with regard to the effect of repeals.

section 460. of the merchant shipping act : no suit or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 460a. of the merchant shipping act : 1460a. removal of difficulties.1 if any difficulty arises in giving effect to the provisions of this act, in so far as they relate to the safety convention or to the load line convention or to the convention referred to in clause a of section 356b, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty and giving effect to the provisions of such convention: provided that no order shall be made under this section after the expiry of three years from the date of publication of the merchant shipping amendment act, 25 of , in the official gazette. 2 every order made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions. 1 subs. by act 25 of , s.19, for section 460a w.e.f..

section 2. of the bengal ghatwali land act : if any of the said ghatwalee lands be at any time under the superintendence of the court of wards, or otherwise subject to the direct control of the officers of government, it shall be lawful for the court of wards or the commissioner to grant leases for any such purpose as aforesaid and every lease so granted shall be valid and binding on all future possessors of the said lands, anything in the existing law to the contrary notwithstanding.

section 1. of the bengal ghatwali land act : ghatwals holding lands in the district of beerbhoom under the provisions of the aforesaid regulation, shall have the same power of granting leases for any period which they may deem most conducive to the improvement of their tenures, as is allowed by law to the proprietors of other lands. proviso. provided that no lease of ghatwalee lands for any period extending beyond the lifetime or incumbency of the grantor of the lease shall be valid and binding on the successors of the grantor, unless the same shall be granted for the working of mines, or for the clearing of jungle, or for the erection of dwelling houses or manufactories, or for tanks, canals, and similar works and shall be approved by the commissioner of the division, such approval being certified by an endorsement on the lease under the signature of the commissioner

section 8. of the indian evidence act : any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. the conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. explanation 1. the word conduct in this section does not include statements, unless those statements accompany and explain acts other than statements but this explanation is not to affect the relevancy of statements under any other section of this act. explanation 2. when the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. illustrations a a is tried for the murder of b. the facts that a murdered c, that b knew that a had murdered c, and that b had tried to extort money from a by threatening to make his knowledge public, are relevant. b a sues b upon a bond for the payment of money, b denies the making of the bond. the fact that, at the time when the bond was alleged to be made, b required money for a particular purpose, is relevant. c a is tried for the murder of b by poison. the fact that, before the death of b, a procured poison similar to that which was administered to b, is relevant. d the question is, whether a certain document is the will of a. the facts that, not long before, the date of the alleged will, a made inquiry into matters to which the provisions of the alleged will relate that he consulted vakils in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant. e a is accused of a crime. the facts that, either before, or at the time of, or after the alleged crime, a provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. f the question is, whether a robbed b. the facts that, after b was robbed, c said in as presence the police are coming to look for the man who robbed b, and that immediately afterwards a ran away, are relevant. g the question is, whether a owes b rupees 10,000. the facts that a asked c to lend him money, and that d said to c in as presence and hearing i advise you not to trust a, for he owes b 10,000 rupees, and that a went away without making any answer, are relevant facts. h the question is, whether a committed a crime. the fact that a absconded, after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant. i a is accused of a crime. the facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. j the question is, whether a was ravished. the facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. the fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1, or as corroborative evidence under section 157. k the question is, whether a was robbed. the fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. the fact that he said he had been robbed, without making any complaint, is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1, or as corroborative evidence under section 157.

section 1. of the indian evidence act : this act may be called the indian evidence act, . extent. it extends to the whole of india 1 2 and applies to all judicial proceedings in or before any court, including courtsmartial, 3other than courtsmartial convened under the army act 44 45 vict., c. 58 4the naval discipline act 29 30 vict., 109 or 5 the indian navy discipline act, 34 of , 6or the air force act 7 geo. 5, c. 51 but not to affidavits7 presented to any court or officer, nor to proceedings before an arbitrator commencement of act.and it shall come into force on the first day of september, . 1. subs. by act 3 of , s. 3 and the schedule, for except part b states. 2. ins. by act 18 of , s. 2 and the first schedule. 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 4. ins. by act 35 of , s. 2 and the schedule 5. the words that act as modified by omitted by the a.o. . 6. ins. by act 10 of , s. 2 and schedule i. 7. as to practice relating to affidavits, see the code of civil procedure, act 5 of , s. 30 c and schedule i, order xix, see also the code of criminal procedure, act 2 of , ss. 295 and 297.

section 7. of the indian evidence act : facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. illustrations a the question is, whether a robbed b. the facts that, shortly before the robbery, b went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. b the question is, whether a murdered b. marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. c the question is, whether a poisoned b. the state of bs health before the symptoms ascribed to poison, and habits of b, known to a, which afforded an opportunity for the administration of poison, are relevant facts.

section 3. of the indian evidence act : in this act the following words and expressions are used in the following senses, unless a contrary intention appears from the context: court. court includes all judges1 and magistrates2 and all persons, except arbitrators, legally authorized to take evidence. fact. fact means and includes 1 anything, state of things, or relation of things, capable of being perceived by the senses 2 any mental condition of which any person is conscious. illustrations a that there are certain objects arranged in a certain order in a certain place, is a fact. b that a man heard or saw something, is a fact. c that a man said certain words, is a fact. d that a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. e that a man has a certain reputation, is a fact. relevant. one fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this act relating to the relevancy of facts. facts in issue.the expression facts in issue means and includes any fact from which, either by itself or in connection with other facts, the existence, nonexistence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows. explanation. whenever, under the provisions of the law for the time being in force relating to civil procedure,3any court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. illustrations a is accused of the murder of b. at his trial the following facts may be in issue: that a caused bs death that a intended to cause bs death that a had received grave and sudden provocation from b that a, at the time of doing the act which caused bs death, was, by reason of unsoundness of mind, incapable of knowing its nature. document. document 4means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. illustrations a writing5 is a document 5words printed lithographed or photographed are documents a map or plan is a document an inscription on a metal plate or stone is a document a caricature is a document. evidence. evidence means and includes 1 all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry such statements are called oral evidence 26all documents including electronic records produced for the inspection of the court such documents are called documentary evidence. proved. a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. disproved. a fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist, or considers its nonexistence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. not proved. a fact is said not to be proved when it is neither proved nor disproved. 7india. india means the territory of india excluding the state of jammu and kashmir. 8the expressions certifying authority, 9electronic signature, 10electronic signature certificate, electronic form, electronic records, information, secure electronic record, secure digital signature and subscriber shall have the meanings respectively assigned to them in the information technology act, 21 of . 1. cf. the code of civil procedure, act 5 of , s. 2, the indian penal code act 45 of , s. 19 and for a definition of district judge, the general clauses act, 10 of , s. 317. 2. cf. the general clauses act, 10 of , s. 332 and the code of criminal procedure, act 2 of 3. see now the code of civil procedure, act 5 of as to the settlement of issues, see schedule i, order xiv. 4. cf. the indian penal code act 45 of , s. 29 and the general clauses act, 10 of , s. 3 18. 5. cf. definition of writing in the general clauses act, 10 of , s. 365. 6. subs. by act 21 of s. 92 and the second schedule, for the words all documents produced for the inspection of the court w.e.f. . 7. subs. by act 3 of , s. 3 and the schedule, for the definitions of state and states which were ins. by the a.o. . 8. ins. by act 21 of , s. 92 and the second schedule, w.e.f. . 9. subs. by act 10 of , s. 52, for digital signature w.e.f. . 10. subs. by s. 52, ibid., for digital signature certificate w.e.f. .

section 9. of the indian evidence act : facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. illustrations a the question is, whether a given document is the will of a. the state of as property and of his family at the date of the alleged will may be relevant facts. b a sues b for a libel imputing disgraceful conduct to a b affirms that the matter alleged to be libellous is true. the position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. the particulars of a dispute between a and b about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between a and b. c a is accused of a crime. the fact that, soon after the commission of the crime, a absconded from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue. the fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. the details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. d a sues b for inducing c to break a contract of service made by him with a, c, on leaving as service, says to a i am leaving you because b has made me a better offer. this statement is a relevant fact as explanatory of cs conduct, which is relevant as a fact in issue. e a, accused of theft, is seen to give the stolen property to b, who is seen to give it to as wife. b says as he delivers it a says your are to hide this. bs statement is relevant as explanatory of a fact which is part of the transaction. f a is tried for a riot and is proved to have marched at the head of a mob. the cries of the mob are relevant as explanatory of the nature of the transaction.

section 2.. of the indian evidence act : repeal of enactments. rep. by the repealing act, 1 of , s. 2 and schedule.

section 4. shall presume.conclusive proof of the indian evidence act : may presume. whenever it is provided by this act that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. shall presume. whenever it is directed by this act that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. conclusive proof. when one fact is declared by this act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

section 10. of the indian evidence act : where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. illustrations reasonable ground exists for believing that a has joined in a conspiracy to wage war against the 1government of india. the facts that b procured arms in europe for the purpose of the conspiracy, c collected money in calcutta for a like object, d persuaded persons to join the conspiracy in bombay, e published writings advocating the object in view at agra, and f transmitted from delhi to g at kabul the money which c had collected at calcutta, and the contents of a letter written by h giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove as complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it. 1. subs. by the a.o. , for queen.

section 6. of the indian evidence act : facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. illustrations a a is accused of the murder of b by beating him. whatever was said or done by a or b or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. b a is accused of waging war against the 1government of india by taking part in an armed insurrection in which property is destroyed, troops are attacked and gaols are broken open. the occurrence of these facts is relevant, as forming part of the general transaction, though a may not have been present at all of them. c a sues b for a libel contained in a letter forming part of a correspondence. letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. d the question is, whether certain goods ordered from b were delivered to a. the goods were delivered to several intermediate persons successively. each delivery is a relevant fact. 1. subs. by the a.o. , for queen.

section 5. of the indian evidence act : evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. explanation. this section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure1. illustrations a a is tried for the murder of b by beating him with a club with the intention of causing his death. at as trial the following facts are in issue: as beating b with the club as causing bs death by such beating as intention to cause bs death. b a suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. this section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the code of civil procedure1. 1. see now the code of civil procedure, act 5 of .

section 11. of the indian evidence act : facts not otherwise relevant are relevant 1 if they are inconsistent with any fact in issue or relevant fact 2 if by themselves or in connection with other facts they make the existence or nonexistence of any fact in issue or relevant fact highly probable or improbable. illustrations a the question is, whether a committed a crime at calcutta on a certain day. the fact that, on that day, a was at lahore is relevant. the fact that, near the time when the crime was committed, a was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. b the question is, whether a committed a crime. the circumstances are such that the crime must have been committed either by a, b, c or d. every fact which shows that the crime could have been committed by no one else, and that it was not committed by either b, c or d, is relevant.

section 12. of the indian evidence act : in suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.

section 18. of the indian evidence act : statements made by a party to the proceeding, or by an agent to any such party, whom the court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character. statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. statements made by 1 by party interested in subjectmatter. persons who have any proprietary or pecuniary interest in the subjectmatter of the proceeding, and who make the statement in their character of persons so interested, or 2 by person from whom interest derived. persons from whom the parties to the suit have derived their interest in the subjectmatter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.

section 13. of the indian evidence act : where the question is as to the existence of any right or custom, the following facts are relevant: a any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence b particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from. illustrations the question is, whether a has a right to a fishery. a deed conferring the fishery on as ancestors, a mortgage of the fishery by as father, a subsequent grant of the fishery by as father, irreconcilable with the mortgage, particular instances in which as father exercised the right, or in which the exercise of the right was stopped by as neighbours, are relevant facts.

section 14. of the indian evidence act : facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, illwill or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or relevant. 1explanation 1. a fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. explanation 2. but where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.2 illustrations a a is accused of receiving stolen goods knowing them to be stolen. it is proved that he was in possession of a particular stolen article. the fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. 3b a is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. the fact that, at the time of its delivery, a was possessed of a number of other pieces of counterfeit coin is relevant. the fact that a had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit is relevant. c a sues b for damage done by a dog of bs, which b knew to be ferocious. the fact that the dog had previously bitten x, y and z, and that they had made complaints to b, are relevant. d the question is, whether a, the acceptor of a bill of exchange, knew that the name of a payee was fictitious. the fact that a had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that a knew that the payee was a fictitious person. e a is accused of defaming b by publishing an imputation intended to harm the reputation of b. the fact of previous publications by a respecting b, showing illwill on the part of a towards b, is relevant, as proving as intention to harm bs reputation by the particular publication in question. the facts that there was no previous quarrel between a and b, and that a repeated the matter complained of as he heard it, are relevant, as showing that a did not intend to harm the reputation of b. f a is sued by b for fraudulently representing to b that c was solvent, whereby b, being induced to trust c, who was insolvent, suffered loss. the fact that, at the time when a represented c to be solvent, c was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that a made the representation in good faith. g a is sued by b for the price of work done by b, upon a house of which a is owner, by the order of c, a contractor. as defence is that bs contract was with c. the fact that a paid c for the work in question is relevant, as proving that a did, in good faith, make over to c the management of the work in question, so that c was in a position to contract with b on cs own account, and not as agent for a. h a is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. the fact that public notice of the loss of the property had been given in the place where a was, is relevant, as showing that a did not in good faith believe that the real owner of the property could not be found. the fact that a knew, or had reason to believe, that the notice was given fraudulently by c, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that a knew of the notice did not disprove as good faith. i a is charged with shooting at b with intent to kill him. in order to show as intent the fact of as having previously shot at b may be proved. j a is charged with sending threatening letters to b. threatening letters previously sent by a to b may be proved, as showing the intention of the letters. k the question is, whether a has been guilty of cruelty towards b, his wife. expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. l the question is whether as death was caused by poison. statements made by a during his illness as to his symptoms are relevant facts. m the question is, what was the state of as health at the time when an assurance on his life was effected. statements made by a as to the state of his health at or near the time in question are relevant facts. n a sues b for negligence in providing him with a carriage for hire not reasonably fit for use, whereby a was injured. the fact that bs attention was drawn on other occasions to the defect of that particular carriage is relevant. the fact that b was habitually negligent about the carriages which he let to hire is irrelevant. o a is tried for the murder of b by intentionally shooting him dead. the fact that a on other occasions shot at b is relevant as showing his intention to shoot b. the fact that a was in the habit of shooting at people with intent to murder them is irrelevant. p a is tried for a crime. the fact that he said something indicating an intention to commit that particular crime is relevant. the fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. 1. subs. by act 3 of , s. 1i, for the original explanation. 2. see the code of criminal procedure, act 5 of , s. 311. 3. subs. by act 3 of , s. 1 2, for the original illustration b.

section 15. of the indian evidence act : when there is a question whether an act was accidental or intentional, 1or done with a particular knowledge or intention,the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. illustrations a a is accused of burning down his house in order to obtain money for which it is insured. the facts that a lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires a received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental. b a is employed to receive money from the debtors of b. it is as duty to make entries in a book showing the amounts received by him. he makes an entry showing that on a particular occasion he received less than he really did receive. the question is, whether this false entry was accidental or intentional. the facts that other entries made by a in the same book are false, and that the false entry is in each case in favour of a, are relevant. c a is accused of fraudulently delivering to b a counterfeit rupee. the question is, whether the delivery of the rupee was accidental. the facts that, soon before or soon after the delivery to b, a delivered counterfeit rupees to c, d and e are relevant, as showing that the delivery to b was not accidental 1. ins. by act 3 of , s. 2.

section 16. of the indian evidence act : when there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. illustrations a the question is, whether a particular letter was despatched. the facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. b the question is, whether a particular letter reached a. the facts that it was posted in due course, and was not returned through the dead letter office, are relevant.

section 17. of the indian evidence act : an admission is a statement, 1oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. 1. subs. by act 21 of , s. 92 and the second schedule, for oral or documentary, w.e.f. .

section 19. of the indian evidence act : statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and they are made whilst the person making them occupies such position or is subject to such liability. illustration a undertakes to collect rents for b. b sues a for not collecting rent due from c to b. a denies that rent was due from c to b. a statement by c that he owed b rent is an admission, and is a relevant fact as against a, if a denies that c did owe rent to b.

section 21. of the indian evidence act : admissions are relevant and may be proved as against the person who makes them or his representative in interest but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases: 1 an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32. 2 an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable. 3 an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. illustrations a the question between a and b is whether a certain deed is or is not forged. a affirms that it is genuine, b that it is forged. a may prove a statement by b that the deed is genuine, and b may prove a statement by a that deed is forged but a cannot prove a statement by himself that the deed is genuine, nor can b prove a statement by himself that the deed is forged. b a, the captain of a ship, is tried for casting her away. evidence is given to show that the ship was taken out of her proper course. a produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. a may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause 2. c a is accused of a crime committed by him at calcutta. he produces a letter written by himself and dated at lahore on that day, and bearing the lahore postmark of that day. the statement in the date of the letter is admissible, because, if a were dead, it would be admissible under section 32, clause 2. d a is accused of receiving stolen goods knowing them to be stolen. he offers to prove that he refused to sell them below their value. a may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. e a is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. he offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine. a may prove these facts for the reasons stated in the last preceding illustration.

section 20. of the indian evidence act : statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. illustration the question is, whether a horse sold by a to b is sound. a says to b go and ask c, c knows all about it. cs statement is an admission.

section 26. of the indian evidence act : no confession made by any person whilst he is in the custody of a policeofficer, unless it be made in the immediate presence of a magistrate1, shall be proved as against such person. 2explanation. in this section magistrate does not include the head of a village discharging magisterial functions in the presidency of fort st. george 3 or elsewhere, unless such headman is a magistrate exercising the powers of a magistrate under the code of criminal procedure, 10 of . 1.. a coroner has been declared to be a magistrate for the purposes of this section, see the coroners act, act 4 of , s. 20. 2. ins. by act 3 of , s. 3. 3. the words or in burma rep. by the a.o. . 4. see now the code of criminal procedure, act 2 of .

section 22a. of the indian evidence act : 122a. when oral admission as to contents of electronic records are relevant. oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question. 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. .

section 22. of the indian evidence act : oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

section 23. of the indian evidence act : in civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given. explanation. nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.

section 24. of the indian evidence act : a confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or 1promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. 1. for prohibition of such inducements, etc., see the code of criminal procedure, act of , s. 316.

section 25. of the indian evidence act : no confession made to a policeofficer1, shall be proved as against a person accused of any offence. 1. as to statements made to policeofficer investigating a case, see s. 162 of the code of criminal procedure, 2 of .

section 27. of the indian evidence act : provided that, when any fact is deposed to as discovered inconsequence of information received from a person accused of any offence, in the custody of a policeofficer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

section 28. of the indian evidence act : if such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the court, been fully removed, it is relevant.

section 34. of the indian evidence act : 1entries in the books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. illustration a sues b for rs. 1,000, and shows entries in his account books showing b to be indebted to him to this amount. the entries are relevant, but are not sufficient, without other evidence, to prove the debt. 1. subs. by act 21 of , s. 92 and the second schedule, for entries in the books of account w.e.f. .

section 29. of the indian evidence act : if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.

section 30. of the indian evidence act : when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the court may take into consideration such confession as against such other person as well as against the person who makes such confession. 1explanation. offence as used in this section, includes the abetment of, or attempt to commit, the offence.2 illustrations a a and b are jointly tried for the murder of c. it is proved that a said b and i murdered c. the court may consider the effect of this confession as against b. b a is on his trial for the murder of c. there is evidence to show that c was murdered by a and b, and that b said a and i murdered c. this statement may not be taken into consideration by the court against a, as b is not being jointly tried. 1. ins. by act 3 of , s. 4. 2. cf. the indian penal code act 45 of , explanation 4 to s. 108.

section 31. of the indian evidence act : admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

section 32., is relevant. of the indian evidence act : statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the court unreasonable, are themselves relevant facts in the following cases: 1 when it relates to cause of death. when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that persons death comes into question. such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. 2 or is made in course of business. when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind or of a document used in commerce written or signed by him or of the date of a letter or other document usually dated, written or signed by him. 3 or against interest of maker. when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages. 4 or gives opinion as to public right or custom, or matters of general interest. when the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen. 5 or relates to existence of relationship. when the statement relates to the existence of any relationship 1by blood, marriage or adoption between persons as to whose relationship 1by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. 6 or is made in will or deed relating to family affairs. when the statement relates to the existence of any relationship 1by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised. 7 or in document relating to transaction mentioned in section 13, clause a. when the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 13, clause a. 8 or is made by several persons and expresses feelings relevant to matter in question. when the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. illustrations a the question is, whether a was murdered by b or a dies of injuries received in a transaction in the course of which she was ravished. the question is whether she was ravished by b or the question is, whether a was killed by b under such circumstances that a suit would lie against b by as widow. statements made by a as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts. b the question is as to the date of as birth. an entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended as mother and delivered her of a son, is a relevant fact. c the question is, whether a was in calcutta on a given day. a statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended a at a place mentioned, in calcutta, for the purpose of conferring with him upon specified business, is a relevant fact. d the question is, whether a ship sailed from bombay harbour on a given day. a letter written by a deceased member of a merchants firm by which she was chartered to their correspondents in london, to whom the cargo was consigned, stating that the ship sailed on a given day from bombay harbour, is a relevant fact. e the question is, whether rent was paid to a for certain land. a letter from as deceased agent to a, saying that he had received the rent on as account and held it at as orders is a relevant fact. f the question is, whether a and b were legally married. the statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant. g the question is, whether a, a person who cannot be found, wrote a letter on a certain day. the fact that a letter written by him is dated on that day is relevant. h the question is, what was the cause of the wreck of a ship. a protest made by the captain, whose attendance cannot be procured, is a relevant fact. i the question is, whether a given road is a public way. a statement by a, a deceased headman of the village, that the road was public, is a relevant fact. j the question is, what was the price of grain on a certain day in a particular market. a statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact. k the question is, whether a, who is dead, was the father of b. a statement by a that b was his son, is a relevant fact. l the question is, what was the date of the birth of a. a letter from as deceased father to a friend, announcing the birth of a on a given day, is a relevant fact. m the question is, whether, and when, a and b were married. an entry in a memorandum book by c, the deceased father of b, of his daughters marriage with a on a given date, is a relevant fact. n a sues b for a libel expressed in a painted caricature exposed in a shop window. the question is as to the similarity of the caricature and its libellous character. the remarks of a crowd of spectators on these points may be proved. 1. ins. by act 18 of , s. 2.

section 33. of the indian evidence act : evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable: provided that the proceeding was between the same parties or their representatives in interest that the adverse party in the first proceeding had the right and opportunity to crossexamine that the questions in issue were substantially the same in the first as in the second proceeding. explanation. a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.

section 35. of the indian evidence act : an entry in any public or other official book, register or 1record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performances of a duty specially enjoined by the law of the country in which such book, register or 1record or an electronic record, is kept, is itself a relevant fact. 1. subs. by s. 92 and the second schedule, ibid., for record w.e.f. .

section 42. of the indian evidence act : judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry but such judgments, orders or decrees are not conclusive proof of that which they state. illustration a sues b for trespass on his land. b alleges the existence of a public right of way over the land, which a denies. the existence of a decree in favour of the defendant, in a suit by a against c for a trespass on the same land, in which c alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.

section 36. of the indian evidence act : statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of 1the central government or any state government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts. 1. subs. by the a.o. , for any government in british india.

section 37. of the indian evidence act : when the court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any act of parliament 1 of the united kingdom or in any 2central act, provincial act or 3a state act or in a government notification or notification by the crown representative appearing in the official gazette or in any printed paper purporting to be the london gazette or the government gazette of any dominion, colony or possession of his majesty is a relevant fact. 4 1. ins. by the a. o. . 2. the original words were act of the governor general of india in council or of the governors in council of madras or bombay, or of the lieutenant governor in council of bengal, or in a notification of the government. appearing in the gazette of india, or in the gazette of any l.g., or in any printed paper purporting to be the london gazette or the government. gazette of any colony or possession of the queen, is a relevant fact. this was amended first by the repealing and amending act, 10 of , and then by the a.o. , the a.o. and the a.o. , to read as above. 3. subs. by act 3 of , s. 3 and the schedule, for an act of the legislature of a part a state or a part c state. 4. the last paragraph omitted by act 10 of , s. 3 and the second schedule.

section 43., other than those mentioned in sections 40, 41 and 42, when relevant. of the indian evidence act : judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this act. illustrations a a and b separately sue c for a libel which reflects upon each of them. c in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. a obtains a decree against c for damages on the ground that c failed to make out his justification. the fact is irrelevant as between b and c. b a prosecutes b for adultery with c, as wife. b denies that c is as wife, but the court convicts b of adultery. afterwards, c is prosecuted for bigamy in marrying b during as lifetime. c says that she never was as wife. the judgment against b is irrelevant as against c. c a prosecutes b for stealing a cow from him. b is convicted. a afterwards sues c for the cow, which b had sold to him before his conviction. as between a and c, the judgment against b is irrelevant. d a has obtained a decree for the possession of land against b. c, bs son, murders a in consequence. the existence of the judgment is relevant, as showing motive for a crime. 1e a is charged with theft and with having been previously convicted of theft. the previous conviction is relevant as a fact in issue. f a is tried for the murder of b. the fact that b prosecuted a for libel and that a was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue. 1. ins. by act 3 of , s. 5.

section 38. of the indian evidence act : when the court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the government of such country and to contain any such law, and any report of a ruling of the courts of such country contained in a book purporting to be a report of such rulings, is relevant.

section 40. of the indian evidence act : the existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such court ought to take cognizance of such suit or to hold such trial.

section 39. of the indian evidence act : 139. what evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. when any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made. 1. subs. by act 21 of , s. 92 and the second schedule, for s. 39 w.e.f. .

section 41., jurisdiction. of the indian evidence act : a final judgment, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. such judgment, order or decree is conclusive proof that any legal character which it confers accrued at the time when such judgment, order or decree came into operation that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment 1order or decree declares it to have accrued to that person that any legal character which it takes away from any such person ceased at the time from which such judgment, 1order or decree declared that it had ceased or should cease and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, 1order or decree declares that it had been or should be his property. 1. ins. by act 18 of , s. 3.

section 45. of the indian evidence act : when the court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting, 1or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, 2or in questions as to identity of handwriting 1or finger impressions are relevant facts. such persons are called experts. illustrations a the question is, whether the death of a was caused by poison. the opinions of experts as to the symptoms produced by the poison by which a is supposed to have died, are relevant. b the question is, whether a, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. the opinions of experts upon the question whether the symptoms exhibited by a commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. c the question is, whether a certain document was written by a. another document is produced which is proved or admitted to have been written by a. the opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. 1. ins. by act 5 of , s. 3 for discussion in council as to whether finger impressions include thumb impressions see gazette of india, , pt vi, p. 24. 2. ins. by act 18 of , s. 4.

section 44. of the indian evidence act : any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a court not competent to deliver it, or was obtained by fraud or collusion.

section 45a. of the indian evidence act : 145a. opinion of examiner of electronic evidence. when in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to in section 79a of the information technology act, 21 of , is a relevant fact. explanation. for the purposes of this section, an examiner of electronic evidence shall be an expert. 1. ins. by act 10 of , s. 52 w.e.f. .

section 46. of the indian evidence act : facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. illustrations a the question is, whether a was poisoned by a certain poison. the fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. b the question is, whether an obstruction to a harbour is caused by a certain seawall. the fact that other harbours similarly situated in other respects, but where there were no such seawalls, began to be obstructed at about the same time, is relevant.

section 51. of the indian evidence act : whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. illustration an expert may give an account of experiments performed by him for the purpose of forming his opinion.

section 47. of the indian evidence act : when the court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. explanation. a person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. illustration the question is, whether a given letter is in the handwriting of a, a merchant in london. b is a merchant in calcutta, who has written letters addressed to a and received letters purporting to be written by him. c, is bs clerk whose duty to was to examine and file bs correspondence. d is bs broker, to whom b habitually submitted the letters purporting to be written by a for the purpose of advising with him thereon. the opinions of b, c and d on the question whether the letter is in the handwriting of a are relevant, though neither b, c nor d ever saw a write.

section 52. of the indian evidence act : in civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

section 47a. of the indian evidence act : 147a. opinion as to digital signature, when relevant. when the court has to form an opinion as to the 2electronic signature of any person, the opinion of the certifying authority which has issued the3electronic signature certificate is a relevant fact. 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. . 2. subs. by act 10 of , s. 52, for digital signature w.e.f. . 3. subs. by s. 52, ibid., for digital signature certificate w.e.f. .

section 49., when relevant. of the indian evidence act : when the court has to form an opinion as to the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinion of persons having special means of knowledge thereon are, relevant facts.

section 48. of the indian evidence act : when the court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. explanation. the expression general custom or right includes customs or rights common to any considerable class of persons. illustration the right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.

section 50. of the indian evidence act : when the court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: provided that such opinion shall not be sufficient to prove a marriage in proceedings under the indian divorce act, 4 of , or in prosecutions under sections 494, 495, 497 or 498 of the indian penal code 45 of . illustrations a the question is, whether a and b, were married. the fact that they were usually received and treated by their friends as husband and wife, is relevant. b the question is, whether a was the legitimate son of b. the fact that a was always treated as such by members of the family, is relevant.

section 53. of the indian evidence act : in criminal proceedings, the fact that the person accused is of a good character, is relevant.

section 53a. of the indian evidence act : 153a. evidence of character or previous sexual experience not relevant in certain cases. in a prosecution for an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, 2section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e of the indian penal code 45 of or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such persons previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent. 1. ins. by act 13 of , s. 25 w.e.f. 2. subs. by act 22 of , s. 8, for section 376a, section 376b, section 376c, section 376d w.e.f .

section 59. of the indian evidence act : all facts, except the 1contents of documents or electronic records, may be proved by oral evidence. 1. subs. by act 21 of , s. 92 and the second schedule, for contents of documents w.e.f. .

section 54. of the indian evidence act : 154. previous bad character not relevant, except in reply. in criminal proceedings, the fact that the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. explanation 1. this section does not apply to cases in which the bad character of any person is itself a fact in issue. explanation 2. a previous conviction is relevant as evidence of bad character. 1. subs. by act 3 of , s. 6 for section 54.

section 55. of the indian evidence act : in civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. explanation. in sections 52, 53, 54 and 55, the word character includes both reputation and disposition but, 1except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown. 1. ins. by s. 7, ibid.

section 57. of the indian evidence act : the court shall take judicial notice of the following facts: 11 all laws in force in the territory of india 2 all public acts passed or hereafter to be passed by parliament 2of the united kingdom, and all local and personal acts directed by parliament 2of the united kingdom to be judicially noticed 3 articles of war for 3the indian army 4navy or air force 54 the course of proceeding of parliament of the united kingdom, of the constituent assembly of india, of parliament and of the legislatures established under any laws for the time being in force in a province or in the states 5 the accession and the sign manual of the sovereign for the time being of the united kingdom of great britain and ireland 6 all seals of which english courts take judicial notice: the seals of all the 6 courts in 7india and of all courts out of 7india established by the authority of 8 the central government or the crown representative the seals of courts of admiralty and maritime jurisdiction and of notaries public, and all seals which any person is authorized to use by 9the constitution or an act of parliament of the united kingdom or an act or regulation having the force of law in 7india 7 the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any state, if the fact of their appointment to such office is notified in 10any official gazette 8 the existence, title and national flag of every state or sovereign recognized by 11the government of india 9 the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the official gazette 10 the territories under the dominion of 11the government of india 11 the commencement, continuance and termination of hostilities between 11the government of india and any other state or body of persons 12 the names of the members and officers of the court, and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it 13 the rule of the road 12on land or at sea. in all these cases, and also on all matters of public history, literature, science or art, the court may resort for its aid to appropriate books or documents of reference. if the court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so. 1. subs. by the a. o. , for the clause 1. 2. subs. by the a.o. , for the clause 2. 3. subs. ibid., for her majestys. 4. subs. by act 10 of , s. 2 and the first schedule, for or navy. 5. subs. by the a.o. , for the former para, 4. 6. subs. by the a.o. , for courts of british india. 7. subs. by act 3 of , s. 3 and the schedule, for the states. 8. subs. by the a.o. , for the g.g. or any l.g. in council. 9. subs. by the a.o. , for any act of parliament or other. 10. subs. by the a.o. , for the gazette of india or in the official gazette of any l.g.. 11. subs. by the a.o. , for the british crown. 12. ins. by act 18 of , s. 5.

section 56. of the indian evidence act : no fact of which the court will take judicial notice need be proved.

section 60. of the indian evidence act : oral evidence must, in all cases, whatever, be direct that is to say if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the court regards as unreasonable: provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it thinks fit, require the production of such material thing for its inspection.

section 58. of the indian evidence act : no fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: provided that the court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.

section 64. of the indian evidence act : documents must be proved by primary evidence except in the cases hereinafter mentioned.

section 66. of the indian evidence act : secondary evidence of the contents of the documents referred to in section 65, clause a, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, 1or to his attorney or pleader, such notice to produce it as is prescribed by law and if no notice is prescribed by law, then such notice as the court considers reasonable under the circumstances of the case: provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the court thinks fit to dispense with it: 1 when the document to be proved is itself a notice 2 when, from the nature of the case, the adverse party must know that he will be required to produce it 3 when it appears or is proved that the adverse party has obtained possession of the original by fraud or force 4 when the adverse party or his agent has the original in court 5 when the adverse party or his agent has admitted the loss of the document 6 when the person in possession of the document is out of reach of, or not subject to, the process of the court. 1. ins. by act 18 of , s. 6.

section 62. of the indian evidence act : primary evidence means the document itself produced for the inspection of the court. explanation 1. where a document is executed in several parts, each part is primary evidence of the document. where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. explanation 2. where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest but, where they are all copies of a common original, they are not primary evidence of the contents of the original. illustration a person is shown to have been in possession of a number of placards, all printed at one time from one original. any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

section 61. of the indian evidence act : the contents of documents may be proved either by primary or by secondary evidence.

section 63. of the indian evidence act : secondary evidence means and includes 1 certified copies given under the provisions hereinafter contained 2 copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies 3 copies made from or compared with the original 4 counterparts of documents as against the parties who did not execute them 5 oral accounts of the contents of a document given by some person who has himself seen it. illustrations a a photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. b a copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. c a copy transcribed from a copy, but afterwards compared with the original, is secondary evidence but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. d neither an oral account of a copy compared with the original, nor an oral account of a photograph or machinecopy of the original, is secondary evidence of the original.

section 67. of the indian evidence act : if a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that persons handwriting must be proved to be in his handwriting.

section 65. of the indian evidence act : secondary evidence may be given of the existence, condition or contents of a document in the following cases: a when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, of any person out of reach of, or not subject to, the process of the court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it b when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest c when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time d when the original is of such a nature as not to be easily movable e when the original is a public document within the meaning of section 74 f when the original is a document of which a certified copy is permitted by this act, or by any other law in force in 1india to be given in evidence g when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court and the fact to be proved is the general result of the whole collection. in cases a, c and d, any secondary evidence of the contents of the document is admissible. in case b, the written admission is admissible. in case e or f, a certified copy of the document, but no other kind of secondary evidence, is admissible. in case g, evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 65a. of the indian evidence act : 165a. special provisions as to evidence relating to electronic record.the contents of electronic records may be proved in accordance with the provisions of section 65b. 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. .

section 65b. of the indian evidence act : 1 notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer hereinafter referred to as the computer output shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. 2 the conditions referred to in subsection 1 in respect of a computer output shall be the following, namely: a the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer b during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities c throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents and d the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities. 3 where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause a of subsection 2 was regularly performed by computers, whether a by a combination of computers operating over that period or b by different computers operating in succession over that period or c by different combinations of computers operating in succession over that period or d in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer and references in this section to a computer shall be construed accordingly. 4 in any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, a identifying the electronic record containing the statement and describing the manner in which it was produced b giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer c dealing with any of the matters to which the conditions mentioned in subsection 2 relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities whichever is appropriate shall be evidence of any matter stated in the certificate and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 5 for the purposes of this section, a information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or with or without human intervention by means of any appropriate equipment b whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities c a computer output shall be taken to have been produced by a computer whether it was produced by it directly or with or without human intervention by means of any appropriate equipment. explanation. for the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.

section 67a. of the indian evidence act : 167a. proof as to 2electronic signature. except in the case of a secure 2electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such 2electronic signature is the 2electronic signature of the subscriber must be proved. 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. . 2. subs. by act 10 of , s. 52, for digital signature w.e.f. .

section 68. of the indian evidence act : if a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the court and capable of giving evidence: 1provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 16 of , unless its execution by the person by whom it purports to have been executed is specifically denied. 1. ins. by act 31 of , s. 2.

section 69. of the indian evidence act : if no such attesting witness can be found, or if the document purports to have been executed in the united kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.

section 71. of the indian evidence act : if the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

section 75. of the indian evidence act : all other documents are private.

section 73. of the indian evidence act : in order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the satisfaction of the court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. the court may direct any person present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any words or figures alleged to have been written by such person. 1this section applies also, with any necessary modifications, to finger impressions. 1. ins. by act 5of , s. 3.

section 73a. of the indian evidence act : 173a. proof as to verification of digital signature. in order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the court may direct a that person or the controller or the certifying authority to produce the digital signature certificate b any other person to apply the public key listed in the digital signature certificate and verify the digital signature purported to have been affixed by that person. explanation. for the purposes of this section, controller means the controller appointed under subsection 1 of section 17 of the information technology act, 21 of . 1. ins by act 21 of , s. 92 and the second schedule w.e.f. .

section 72. of the indian evidence act : an attested document not required by law to be attested may be proved as if it was unattested.

section 74. of the indian evidence act : the following documents are public documents: 1 documents forming the acts, or records of the acts i of the sovereign authority, ii of official bodies and tribunals, and iii of public officers, legislative, judicial and executive, 1of any part of india or of the commonwealth, or of a foreign country 2 public records kept 2in any state of private documents. 1. the original words whether of british india, or of any other part of her majestys dominios have successively been amended by the a.o. and the a.o. to read as above. 2. subs. by the a.o. , for in any province

section 77. of the indian evidence act : such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

section 70. of the indian evidence act : the admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.

section 76. of the indian evidence act : every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal and such copies so certified shall be called certified copies. explanation. any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

section 78. of the indian evidence act : the following public documents may be proved as follows: 1 acts, orders or notifications of 1the central government in any of its departments, 2or of the crown representative or of any state government or any department of any state government, by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such government 3 or, as the case may be, of the crown representative 2 the proceedings of the legislatures, by the journals of those bodies respectively, or by published acts or abstracts, or by copies purporting to be printed 3 by order of the government concerned 3 proclamations, orders or regulations issued by 4her majesty or by the privy council, or by any department of 4her majestys government, by copies or extracts contained in the london gazette, or purporting to be printed by the queens printer 4 the acts of the executive or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5central act: 5 the proceedings of a municipal body in 6a state, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body 6 public documents of any other class in a foreign country, by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a notary public, or of 7an indian consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country 1. subs. by the a.o. , for the executive government of british india. 2. ins. ibid., 3. subs. ibid., for by order of government.. 4. the words her majesty shall stand unmodified, vide the a.o. . 5. subs. by the a.o. , for public act of the governor general of india in council. 6. subs. by the a.o. , for a province. 7. subs by ibid., for a british consul.

section 79. of the indian evidence act : the court shall presume 1to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer 2of the central government or of a state government, or by any officer3in the state of jammu and kashmir who is duly authorized thereto by the central government: provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. the court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper. 1. ins. by the a.o. . 2. the original words beginning form in british india and ending with the words to be genuine have been successively amended by the a.o. , the a.o. and the a.o. to read as above. 3. subs. by act 3 of , s. 3 and the schedule, for in a part b state.

section 80. of the indian evidence act : whenever any document is produced before any court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any judge or magistrate, or by any such officer as aforesaid, the court shall presume that the document is genuine that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.

section 81. of the indian evidence act : the court shall presume the genuineness of every document purporting to be the london gazette or 1any official gazette, or the government gazette of any colony, dependency or possession of the british crown, or to be a newspaper or journal, or to be a copy of a private act of parliament 2of the united kingdom printed by the queens printer and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. 1. subs by the a.o. , for the gazette of india, or the government gazette of any l.g., or. 2. ins. by the a.o. .

section 81a. of the indian evidence act : 181a. presumption as to gazettes in electronic forms. the court shall presume the genuineness of every electronic record purporting to be the official gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody. 1. ins. by act 21 of , s. 92, and the second schedule w.e.f. .

section 82. of the indian evidence act : when any document is produced before any court, purporting to be a document which, by the law in force for the time being in england or ireland, would be admissible in proof of any particular in any court of justice in england or ireland, without proof of the seal or stamp or signature authenticating it or of the judicial or official character claimed by the person by whom it purports to be signed, the court shall presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in england or ireland.

section 83. of the indian evidence act : the court shall presume that maps or plans purporting to be made by the authority of 1the central government or any state government were so made, and are accurate but maps or plans made for the purposes of any cause must be proved to be accurate. 1. the original word government has successively been amended by the a.o. , the a.o. , act 40 of and the a.o. to read as above.

section 84. of the indian evidence act : the court shall presume the genuineness of every book purporting to be printed or published under the authority of the government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the courts of such country.

section 85. of the indian evidence act : the court shall presume that every document purporting to be a powerofattorney, and to have been executed before, and authenticated by, a notary public, or any court, judge, magistrate, 1indian consul or viceconsul, or representative 2 of the 3central government, was so executed and authenticated. 1. subs. by the a.o. , for british. 2. the words of her majesty, or rep. by ibid. 3. subs. by the a.o. , for government of india.

section 85a. of the indian evidence act : 185a. presumption as to electronic agreements. the court shall presume that every electronic record purporting to be an agreement containing the 2electronic signature of the parties was so concluded by affixing the 2electronic signature of the parties. 1. ins by act 21 of , s. 92, and the second schedule w.e.f. . 2. subs by act 10 of , s. 52e, for digital signature w.e.f. .

section 85b. of the indian evidence act : 85b. presumption as to electronic records and 5electronic signatures. 1 in any proceedings involving a secure electronic record, the court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. 2 in any proceedings, involving secure digital signature, the court shall presume unless the contrary is proved that a the secure 1electronic signature is affixed by subscriber with the intention of signing or approving the electronic record b except in the case of a secure electronic record or a secure 1electronic signature, nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any 1electronic signature. 1. subs by act 10 of , s. 52e, for digital signature w.e.f. .

section 88. of the indian evidence act : the court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent but the court shall not make any presumption as to the person by whom such message was delivered for transmission.

section 85c. of the indian evidence act : 85c. presumption as to 1electronic signature certificates. the court shall presume, unless contrary is proved, that the information listed in a 1electronic signature certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. 1. subs by ibid, s. 52f for digital signature certificate, w.e.f. 27.10..

section 86. of the indian evidence act : the court may presume that any document purporting to be a certified copy of any judicial record of 23 any country not forming part of india or of her majestys dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of 4 the 1central government5in or for 6such country to be the manner commonly in use in 7that country for the certification of copies of judicial records. 8an officer who, with respect to 9 any territory or place not forming part of 10india or her majestys dominions, is a political agent there for, as defined in section 3, 11clause 43, of the general clauses act, 10 of , shall, for the purposes of this section, be deemed to be a representative of the 12central government 13 in and for the country comprising that territory or place. 1. subs. by the a.o. , for government of india. 2. subs. by the a.o. , for any country not forming part. 3. the words a part b state or of omitted by act 3 of , s. 3 and the schedule. 4. the words her majesty or of omitted by a.o. . 5. subs. by act 3 of , s. 8, for resident in. 6. subs. by act 3 of , s. 3 and the schedule, for such part b state or country. 7. subs. by s. 3 and the schedule ibid., for that state or country. 8. subs. by act 5 of , s. 4, for the para added by act 3 of , s. 3. 9. the words a part b state or ins. by the a.o. , omitted by act 3 of , s. 3 and the schedule. 10. ins. by the a.o. . 11. subs. ibid., for clause 40. 12. subs. by the a.o. , for g. of i. 13. subs. by act 3 of , s. 3 and the schedule., for in and for that part b state or country.

section 87. of the indian evidence act : the court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at which it purports to have been written or published.

section 94. of the indian evidence act : when language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. illustration a sells to b, by deed, my estate at rampur containing 100 bighas. a has an estate at rampur containing 100 bighas. evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

section 88a. of the indian evidence act : 188a. presumption as to electronic messages. the court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission but the court shall not make any presumption as to the person by whom such message was sent. explanation. for the purposes of this section, the expressions addressee and originator shall have the same meanings respectively assigned to them in clauses b and za of subsection 1 of section 2 of the information technology act, 21 of . 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. .

section 89., of documents not produced. of the indian evidence act : the court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

section 90a. of the indian evidence act : 190a. presumption as to electronic records five years old. where any electronic record, purporting or proved to be five years old, is produced from any custody which the court in the particular case considers proper, the court may presume that the 2electronic signature which purports to be the 2electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf. explanation. electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable. this explanation applies also to section 81a. 1. ins. by act 21 of , s. 92 and the second schedule w.e.f. . 2. subs. by act 10 of , s. 52, for digital signature w.e.f. 27.10..

section 93. of the indian evidence act : when the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. illustrations a a agrees, in writing, to sell a horse to b for rs. 1,000 or rs. 1,500. evidence cannot be given to show which price was to be given. b a deed contains blanks. evidence cannot be given of facts which would show how they were meant to be filled.

section 90. of the indian evidence act : where any document, purporting or proved to be thirty years old, is produced from any custody which the court in the particular case considers proper, the court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that persons handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. explanation. documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. this explanation applies also to section 81. illustrations a a has been in possession of landed property for a long time. he produces from his custody deeds relating to the land showing his titles to it. the custody is proper. b a produces deeds relating to landed property of which he is the mortgagee. the mortgagor is in possession. the custody is proper. c a, a connection of b, produces deeds relating to lands in bs possession which were deposited with him by b for safe custody. the custody is proper.

section 92. of the indian evidence act : when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: proviso 1. any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, 1want or failure of consideration, or mistake in fact or law. proviso 2. the existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. in considering whether or not this proviso applies, the court shall have regard to the degree of formality of the document. proviso 3. the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. proviso 4. the existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents. proviso 5. any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved: provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract. proviso 6. any fact may be proved which shows in what manner the language of a document is related to existing facts. illustrations a a policy of insurance is effected on goods in ships from calcutta to london. the goods are shipped in a particular ship which is lost. the fact that particular ship was orally excepted from the policy cannot be proved. b a agrees absolutely in writing to pay b rs. 1,000 on the first march . the fact that, at the same time an oral agreement was made that the money should not be paid till the thirtyfirst march cannot be proved. c an estate called the rampore tea estate is sold by a deed which contains a map of the property sold. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved. d a enters into a written contract with b to work certain mines, the property of b, upon certain terms. a was induced to do so by a misrepresentation of bs as to their value. this fact may be proved. e a institutes a suit against b for the specific performance of a contract, and also prays that the contract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. a may prove that such a mistake was made as would by law entitle him to have the contract reformed. f a orders goods of b by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. b sues a for the price. a may show that the goods were supplied on credit for a term still unexpired. g a sells b a horse and verbally warrants him sound. a gives b a paper in these words: bought of a a horse of rs. 500. b may prove the verbal warranty. h a hires lodgings of b, and gives b a card on which is written rooms, rs. 200 a month. a may prove a verbal agreement that these terms were to include partial board. a hires lodgings of b for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them. it is silent on the subject of board. a may not prove that board was included in the term verbally. i a applies to b for a debt due to a by sending a receipt for the money. b keeps the receipt and does not send the money. in a suit for the amount, a may prove this. j a and b make a contract in writing to take effect upon the happening of a certain contingency. the writing is left with b, who sues a upon it. a may show the circumstances under which it was delivered. 1. subs. by act 18 of , s. 8, for want of failure.

section 91. of the indian evidence act : when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. exception 1. when a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. exception 2. wills 1admitted to probate in 2india may be proved by the probate. explanation 1. this section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one. explanation 2. where there are more originals than one, one original only need be proved. explanation 3. the statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. illustrations a if a contract be contained in several letters, all the letters in which it is contained must be proved. b if a contract is contained in a bill of exchange, the bill of exchange must be proved. c if a bill of exchange is drawn in a set of three, one only need be proved. d a contracts, in writing, with b, for the delivery of indigo upon certain terms. the contract mentions the fact that b had paid a the price of other indigo contracted for verbally on another occasion. oral evidence is offered that no payment was made for the other indigo. the evidence is admissible. e a gives b a receipt for money paid by b. oral evidence is offered of the payment. the evidence is admissible. 1. subs. by act 18 of , s. 7, for under the indian succession act. 2. subs. by act 3 of , s. 3 and the schedule, for the states.

section 95. of the indian evidence act : when language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. illustration a sells to b, by deed, my house in calcutta. a had no house in calcutta, but it appears that he had a house at howrah, of which b had been in possession since the execution of the deed. these facts may be proved to show that the deed related to the house at howrah.

section 96. of the indian evidence act : when the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. illustrations a a agrees to sell to b, for rs. 1,000, my white horse. a has two white horses. evidence may be give of facts which show which of them was meant. b a agrees to accompany b to haidarabad. evidence may be given of facts showing whether haidarabad in the dekkhan or haiderabad in sind was meant.

section 97. of the indian evidence act : when the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. illustration a agrees to sell to b my land at x in the occupation of y. a has land at x, but not in the occupation of y, and he has land in the occupation of y but it is not at x. evidence may be given of facts showing which he meant to sell.

section 102. of the indian evidence act : the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. illustration a a sues b for land of which b is in possession, and which, as a asserts, was left to a by the will of c, bs father. if no evidence were given on either side, b would be entitled to retain his possession. therefore the burden of proof is on a. b a sues b for money due on a bond. the execution of the bond is admitted, but b says that it was obtained by fraud, which a denies. if no evidence were given on either side, a would succeed, as the bond is not disputed and the fraud is not proved. therefore the burden of proof is on b.

section 98. of the indian evidence act : evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense. illustration a, sculptor, agrees to sell to b, all my mods. a has both models and modelling tools. evidence may be given to show which he meant to sell.

section 99. of the indian evidence act : persons who are not parties to a document, or their representatives in interest, may give evidence of anyfacts tending to show a contemporaneous agreement varying the terms of the document. illustration a and b make a contract in writing that b shall sell a certain cotton, to be paid for on delivery. at the same time they make an oral agreement that three months credit shall be given to a. this could not be shown as between a and b, but it might be shown by c, if it affected his interests.

section 103. of the indian evidence act : the burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. illustration 1a a prosecutes b for theft, and wishes the court to believe that b admitted the theft to c. a must prove the admission. b b wishes the court to believe that, at the time in question, he was elsewhere. he must prove it. 1. sic, in the act as published in gazette of india, , pt. iv, p. 1 there is no illustration b.

section 100. of the indian evidence act : nothing in this chapter contained shall be taken to affect any of the provisions of the indian succession act, 10 of as to the construction of wills. 1. see now the indian succession act, 39 of , pt. vi, ch. vi.

section 101. of the indian evidence act : whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. illustration a a desires a court to give judgment that b shall be punished for a crime which a says b has committed. a must prove that b has committed the crime. b a desires a court to give judgment that he is entitled to certain land in the possession of b, by reason of facts which he asserts, and which b denies, to be true. a must prove the existence of those facts.

section 104. of the indian evidence act : the burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. illustration a a wishes to prove a dying declaration by b. a must prove bs death. b a wishes to prove, by secondary evidence, the contents of a lost document. a must prove that the document has been lost.

section 106. of the indian evidence act : when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. illustration a when a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. b a is charged with travelling on a railway without a ticket. the burden of proving that he had a ticket is on him.

section 111. of the indian evidence act : where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. illustrations a the good faith of a sale by a client to an attorney is in question in a suit brought by the client. the burden of proving the good faith of the transaction is on the attorney. b the good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. the burden of proving the good faith of the transaction is on the father.

section 105. of the indian evidence act : when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code 45 of , or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances. illustration a a, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. the burden of proof is on a. b a, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of selfcontrol. the burden of proof is on a. c section 325 of the indian penal code 45 of provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. a is charged with voluntarily causing grievous hurt under section 325. the burden of proving the circumstances bringing the case under section 335 lies on a.

section 111a. of the indian evidence act : 1111a. presumption as to certain offences. 1 where a person is accused of having committed any offence specified in subsection 2, in a any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order or b any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. 2 the offences referred to in subsection 1 are the following, namely: a an offence under section 121, section 121a, section 122 or section 123 of the indian penal code 45 of b criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or section 123 of the indian penal code 45 of . 1. ins. by act 61 of , s. 20 w.e.f. .

section 107. of the indian evidence act : when the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

section 108. of the indian evidence act : 1provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2shifted to the person who affirms it. 1. subs. by act 18 of , s. 9, for when. 2. subs. by s. 9, ibid., for on.

section 109. of the indian evidence act : when the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

section 110. of the indian evidence act : when the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

section 112. of the indian evidence act : the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

section 113. of the indian evidence act : a notification in the gazette of india that any portion of british territory has 1before the commencement of part iii of the government of india act, 26 geo. 5, c. 2 been ceded to any native state, prince or ruler, shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification. 1. ins. by the a.o. , part iii of the government of india act , came into force on the 1st april, .

section 116. of the indian evidence act : no tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property and no person who came upon any immovable property by the licence of the person in possession there of shall be permitted to deny that such person had a title to such possession at the time when such licence was given.

section 113b. of the indian evidence act : 1113b. presumption as to dowry death. when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. explanation. for the purposes of this section, dowry death shall have the same meaning as in section 304b of the indian penal code 45 of . 1. ins. by act 43 of , s. 12 w.e.f. .

section 113a. of the indian evidence act : 1113a. presumption as to abetment of suicide by a married woman. when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. explanation. for the purposes of this section, cruelty shall have the same meaning as in section 498a of the indian penal code 45 of . 1. ins. by act 46 of , s. 7.

section 114. of the indian evidence act : the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. llustrations the court may presume a that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession b that an accomplice is unworthy of credit, unless he is corroborated in material particulars c that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration d that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence e that judicial and official acts have been regularly performed f that the common course of business has been followed in particular cases g that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it h that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him i that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged. but the court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it: as to illustration a a shopkeeper has in his bill a marked rupee soon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of his business as to illustration b a, a person of the highest character is tried for causing a mans death by an act of negligence in arranging certain machinery. b, a person of equally good character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of a and himself as to illustration b a crime is committed by several persons. a, b and c, three of the criminals, are captured on the spot and kept apart from each other. each gives an account of the crime implicating d, and the accounts corroborate each other in such a manner as to render previous concert highly improbable as to illustration c a, the drawer of a bill of exchange, was a man of business. b, the acceptor, was a young and ignorant person, completely under as influence as to illustration d it is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course as to illustration e a judicial act, the regularity of which is in question, was performed under exceptional circumstances as to illustration f the question is, whether a letter was received. it is shown to have been posted, but the usual course of the post was interrupted by disturbances as to illustration g a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family as to illustration h a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked as to illustration i a bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.

section 115. of the indian evidence act : when one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. illustration a intentionally and falsely leads b to believe that certain land belongs to a, and thereby induces b to buy and pay for it. the land afterwards becomes the property of a, and a seeks to set aside the sale on the ground that, at the time of the sale, he had no title. he must not be allowed to prove his want of title.

section 114a. presumption as to absence of consent in certain prosecution for rape of the indian evidence act : 1114a. presumption as to absence of consent in certain prosecution for rape. in a prosecution for rape under clause a, clause b, clause c, clause d, clause e, clause f, clause g, clause h, clause i, clause j, clause k, clause l, clause m or clause n of subsection 2 of section 376 of the indian penal code 45 of , where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. explanation. in this section, sexual intercourse shall mean any of the acts mentioned in clauses a to d of section 375 of the indian penal code 45 of . state amendment chhattisgarh insertion of new section 114b.after section 114a of the indian evidence act, the following shall be inserted, namely: 114b. presumption as to offences committed under section 354, section 354a, section 354b, section 354c, section 354d, section 509, section 509a or section 509b of the indian penal code, .when the question is whether a person has committed an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 509, section 509a, or section 509b of the indian penal code and if the victim deposes before the court that she has been subjected to sexual harassment or her modesty was outraged or she was disrobed or she was stalked or her privacy was intruded or she was sexually harassed by any means, as the case may be, the court may, unless contrary is proved, presume that such offence has been committed by that person. vide chhattisgarh act 25 of , s. 14. 1. ins. by act 13 of , s. 26. w.e.f. .

section 117. of the indian evidence act : no acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. explanation 1. the acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. explanation 2. if a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.

section 118. of the indian evidence act : all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. explanation. a lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.

section 124. of the indian evidence act : no public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.

section 119. of the indian evidence act : 1 119. witness unable to communicate verbally. a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs but such writing must be written and the signs made in open court, evidence so given shall be deemed to be oral evidence: provided that if the witness is unable to communicate verbally, the court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be video graphed. 1. subs. by act 13 of , s. 27 for s. 119 w.e.f. .

section 120. husband or wife of person under criminal trial. of the indian evidence act : in all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. in criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.

section 125. of the indian evidence act : 1125. information as to commission of offences. no magistrate or policeofficer shall be compelled to say whence he got any information as to the commission of any offence, and no revenueofficer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. explanation. revenueofficer in this section means any officer employed in or about the business of any branch of the public revenue. 1. subs. by act 3 of , s. 1, for the original s. 125.

section 121. of the indian evidence act : no judge or magistrate shall, except upon the special order of some court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such judge or magistrate, or as to anything which came to his knowledge in court as such judge or magistrate but he may be examined as to other matters which occurred in his presence whilst he was so acting. illustrations a a, on his trial before the court of session, says that a deposition was improperly taken by b, the magistrate. b cannot be compelled to answer questions as to this, except upon the special order of a superior court. b a is accused before the court of session of having given false evidence before b, a magistrate. b cannot be asked what a said, except upon the special order of the superior court. c a is accused before the court of session of attempting to murder a policeofficer whilst on his trial before b, a sessions judge. b may be examined as to what occurred.

section 122. of the indian evidence act : no person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

section 123. of the indian evidence act : no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of state, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

section 127. of the indian evidence act : the provisions of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils.

section 133. of the indian evidence act : an accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

section 126. of the indian evidence act : no barrister, attorney, pleader or vakil shall at any time be permitted, unless with his clients express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment: provided that nothing in this section shall protect from disclosure 1 any such communication made in furtherance of any 1illegal purpose, 2 any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. it is immaterial whether the attention of such barrister, 2pleader, attorney or vakil was or was not directed to such fact by or on behalf of his client. explanation. the obligation stated in this section continues after the employment has ceased. illustrations a a, a client, says to b, an attorney i have committed forgery and i wish you to defend me. as the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. b a, a client, says to b, an attorney i wish to obtain possession of property by the use of a forged deed on which i request you to sue. this communication, being made in furtherance of a criminal purpose, is not protected from disclosure. c a, being charged with embezzlement, retains b, an attorney, to defend him. in the course of the proceedings, b observes that an entry has been made in as account book, charging a with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment. this being a fact observed by b in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure. 1. subs. by act 18 of , s. 10, for criminal. 2. ins. by s. 10, ibid.

section 128. of the indian evidence act : if any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126 and, if any party to a suit or proceeding calls any such barrister, 1pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose. 1. ins. by act 18 of , s. 10.

section 129. of the indian evidence act : no one shall be compelled to disclose to the court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the court necessary to be known in order to explain any evidence which he has given, but no others.

section 130. of the indian evidence act : no witness who is not a party to a suit shall be compelled to produce his titledeeds to any property, or any document in virtue of which he holds any property as pledge or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

section 131. of the indian evidence act : 1131. production of documents or electronic records which another person, having possession, could refuse to produce. no one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such lastmentioned person consents to their production. 1. subs. by act 21 of , s. 92 and the second schedule, for section 131 .

section 132. of the indian evidence act : a witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind: proviso. provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer.

section 134. of the indian evidence act : no particular number of witnesses shall in any case be required for the proof of any fact.

section 139. of the indian evidence act : a person summoned to produce a document does not become a witness by the mere fact that he produces it and cannot be crossexamined unless and until he is called as a witness.

section 140. of the indian evidence act : witnesses to character may be crossexamined and reexamined.

section 141. of the indian evidence act : any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

section 135. of the indian evidence act : the order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the court.

section 136. of the indian evidence act : when either party proposes to give evidence of any fact, the judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant and the judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. if the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such lastmentioned fact must be proved before evidence is given of the fact firstmentioned, unless the party undertakes to give proof of such fact, and the court is satisfied with such undertaking. if the relevancy of one alleged fact depends upon another alleged fact being first proved, the judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. illustrations a it is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. the fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. b it is proposed to prove, by a copy, the contents of a document said to be lost. the fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced. c a is accused of receiving stolen property knowing it to have been stolen. it is proposed to prove that he denied the possession of the property. the relevancy of the denial depends on the identity of the property. the court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified. d it is proposed to prove a fact a which is said to have been the cause or effect of fact in issue. there are several intermediate facts b, c and d which must be shown to exist before the fact a can be regarded as the cause or effect of the fact in issue. the court may either permit a to be proved before b, c or d is proved, or may require proof of b, c and d before permitting proof of a.

section 137. of the indian evidence act : the examination of witness by the party who calls him shall be called his examinationinchief. crossexamination. the examination of a witness by the adverse party shall be called his crossexamination. reexamination. the examination of a witness, subsequent to the crossexamination by the party who called him, shall be called his reexamination.

section 138. of the indian evidence act : witnesses shall be first examinedinchief, then if the adverse party so desires crossexamined, then if the party calling him so desires reexamined. the examination and crossexamination must relate to relevant facts but the crossexamination need not be confined to the facts to which the witness testified on his examinationinchief. direction of reexamination. the reexamination shall be directed to the explanation of matters referred to in crossexamination and, if new matter is, by permission of the court, introduced in reexamination, the adverse party may further crossexamine upon that matter.

section 142. of the indian evidence act : leading questions must not, if objected to by the adverse party be asked in an examinationinchief, or in a reexamination, except with the permission of the court. the court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.

section 143. of the indian evidence act : leading questions may be asked in crossexamination.

section 149. of the indian evidence act : no such question as is referred to in section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is wellfounded. illustrations a a barrister is instructed by an attorney or vakil that an important witness is a dakait. this is a reasonable ground for asking the witness whether he is a dakait. b a pleader is informed by a person in court that an important witness is a dakait. the informant, on being questioned by the pleader, gives satisfactory reasons for his statement. this is a reasonable ground for asking the witness whether he is a dakait. c a witness, of whom nothing whatever is known is asked at random whether he is a dakait. there are here no reasonable ground for the question. d a witness, of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. this may be a reasonable ground for asking him if he is a dakait.

section 144. of the indian evidence act : any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. explanation. a witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. illustrations the question is, whether a assaulted b. c deposes that he heard a say to d b wrote a letter accusing me of theft, and i will be revenged on him. this statement is relevant, as showing as motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

section 145. of the indian evidence act : . crossexamination as to previous statements in writing a witness may be crossexamined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him. 1. as to the application of s. 145 to policediaries, see the code of criminal procedure, 2 of , s. 172.

section 150. of the indian evidence act : if the court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the high court or other authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession.

section 146. of the indian evidence act : when a witness is crossexamined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend 1 to test his veracity, 2 to discover who he is and what is his position in life, or 3 to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture: 1provided that in a prosecution for an offence under section 376, 2section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e of the indian penal code 45 of or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the crossexamination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent. 1. subs. by act 13 of , s. 28, for the proviso w.e.f. . 2. subs. by act 22 of , s. 9, for section 376a, section 376b, section 376c, section 376d w.e.f. .

section 151. of the indian evidence act : the court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the court unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.

section 148. of the indian evidence act : if any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. in exercising its discretion, the court shall have regard to the following considerations: 1 such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies 2 such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the court as to the credibility of the witness on the matter to which he testifies 3 such questions are improper if there is a great disproportion between the importance of the imputation made against the witnesss character and the importance of his evidence 4 the court may, if it sees fit, draw, from the witnesss refusal to answer, the inference that the answer if given would be unfavourable.

section 147. of the indian evidence act : if any such question relates to a matter relevant to the suit or proceeding, the provisions of section 132 shall apply thereto.

section 153. of the indian evidence act : when a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him but, if he answers falsely, he may after wards be charged with giving false evidence. exception 1. if a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction. exception 2. if a witness is asked any question tending to impeach his impartiality and answers it by denying the facts suggested, he may be contradicted. illustrations a a claim against an underwriter is resisted on the ground of fraud. the claimant is asked whether, in a former transaction, he had not made a fraudulent claim. he denies it. evidence is offered to show that he did make such a claim. the evidence is inadmissible b a witness is asked whether he was not dismissed from a situation for dishonesty. he denies it. evidence is offered to show that he was dismissed for dishonesty. the evidence is not admissible. c a affirms that on a certain day he saw b at lahore. a is asked whether he himself was not on that day at calcutta. he denies it. evidence is offered to show that a was on that day at calcutta. the evidence is admissible, not as contradicting a on a fact which affects his credit, but as contradicting the alleged fact that b was seen on the day in question in lahore. in each of these cases the witness might, if his denial was false, be charged with giving false evidence. d a is asked whether his family has not had a bloodfeud with the family of b against whom he gives evidence. he denies it. he may be contradicted on the ground that the question tends to impeach his impartiality.

section 152. of the indian evidence act : the court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the court needlessly offensive in form.

section 159. of the indian evidence act : a witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the court considers it likely that the transaction was at that time fresh in his memory. the witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct. when witness may use copy of document to refresh memory. whenever a witness may refresh his memory by reference to any document, he may, with the permission of the court, refer to a copy of such document: provided the court be satisfied that there is sufficient reason for the nonproduction of the original. an expert may refresh his memory by reference to professional treatises.

section 155. of the indian evidence act : the credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the court, by the party who calls him: 1 by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit 2 by proof that the witness has been bribed, or has 1accepted the offer of bride, or has received any other corrupt inducement to give his evidence 3 by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted 2 explanation. a witness declaring another witness to be unworthy of credit may not, upon his examinationinchief, give reasons for his belief, but he may be asked his reasons in crossexamination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence. illustrations a a sues b for the price of goods sold and delivered to b. c says that he delivered the goods to b. evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to b. the evidence is admissible. b a is indicted for the murder of b. c says that b, when dying declared that a had given b the wound of which he died. evidence is offered to show that, on a previous occasion, c said that the wound was not given by a or in his presence. the evidence is admissible. 1. subs. by act 18 of , s. 11, for had. 2. clause 4 omitted by act 4 of , s. 3 w.e.f. .

section 154. of the indian evidence act : 11 the court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in crossexamination by the adverse party. 22 nothing in this section shall disentitle the person so permitted under subsection 1, to rely on any part of the evidence of such witness. 1. section 154 numbered as subsection 1 thereof by act 2 of , s. 9 w.e.f. . 2. ins. by s. 9, ibid. w.e.f. .

section 161. of the indian evidence act : . right of adverse party as to writing used to refresh memory. any writing referred to under the provisions of the two last preceding sections must be produced and shown to the adverse party if he requires it such party may, if he pleases, crossexamine the witness thereupon. 1. as to the application of s. 161 to police diaries, see the code of criminal procedure, act 2 of , s. 172.

section 160. of the indian evidence act : a witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. illustration a bookkeeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

section 156. of the indian evidence act : when a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the court is of opinion that such circumstances, if proved, would corroborate the testimony of the witness as to the relevant fact which he testifies. illustration a, an accomplice, gives an account of a robbery in which he took part. he describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

section 157. of the indian evidence act : in order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.

section 158. of the indian evidence act : whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon crossexamination the truth of the matter suggested.

section 162. of the indian evidence act : a witness summoned to produce a document shall, if it is in his possession or power, bring it to court, notwithstanding any objection which there may be to its production or to its admissibility. the validity of any such objection shall be decided on by the court. the court, if it sees fit, may inspect the document, unless it refers to matters of state, or take other evidence to enable it to determine on its admissibility. translation of documents. if for such a purpose it is necessary to cause any document to be translated, the court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the indian penal code 45 of .

section 163. of the indian evidence act : when a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.

section 167. of the indian evidence act : the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.

section 164. of the indian evidence act : hen a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the court. illustration a sues b on an agreement and gives b notice to produce it. at the trial a calls for the document and b refuses to produce it. a gives secondary evidence of its contents. b seeks to produce the document itself to contradict the secondary evidence given by a, or in order to show that the agreement is not stamped. he cannot do so.

section 166. of the indian evidence act : in cases tried by jury or with assessors, the jury or assessors may put any questions to the witnesses, through or by leave of the judge, which the judge himself might put and which he considers proper.

section 165. of the indian evidence act : the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant and may order the production of any document or thing and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the court, to crossexamine any witness upon any answer given in reply to any such question: provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved: provided also that this section shall not authorize any judge to compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party nor shall the judge ask any question which it would be improper for any other person to ask under section 148 or 149 nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.

section 3. of the armed forces emergency duties act : every command given, alter the 30th day of september, , and before the commencement of this act, to any person referred to in subsection 2 of section 2 by any superior officer in relation to employment upon or in connection with any such service as the central government may, by notification in the official gazette, specify in his behalf, shall be deemed to have been a lawful command within the meaning and for the purposes of the acts referred to in that subsection, so, however, that no such person shall be punished by reason only of his not having obeyed any such command.

section 1.short title and extend of the armed forces emergency duties act : 1 this act may be called the armed forces emergency duties act, . 2 1. the brackets and figure 1 omitted by act 4 of , s. 2. 2. omitted by s. 2, ibid.

section 2.emergency duties of armed forces of the armed forces emergency duties act : 1 the central government may, by notification in the official gazette, declare any specified service 1in a state to be a service of vital importance to the community: provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification. 2 upon a declaration being made under subsection 1 and until it is rescinded, it shall be the duty of every person subject to 2the army act, 46 of or the air force act, 45 of , or 3 4the navy act, 62 of , to obey any command given by any superior officer in relation to employment upon or in connection with the service specified in the declaration and every such command shall be deemed to be a lawful command within the meaning and for the purposes of the said acts. 1. subs. by act 3 of , s. 3 and the schedule, for in a part a state or a part c state or, if so requested by the government of a part b state any specified service in that state. 2. subs. by s. 3 and the schedule, ibid., for the indian army act, , or the indian air force act, . 3. the words the naval discipline act, in the form in which it is set forth in the first schedule to omitted by the a.o. . 4. subs. by act 58 of , s. 3 and the second schedule, for the indian navy discipline act, .

section 7. of the employees compensation act : any right to receive halfmonthly payments may, by agreement between the parties or, if the parties cannot agree and the payments have been continued for not less than six months, on the application of either party to the commissioner be redeemed by the payment of a lump sum of such amount as may be agreed to by the parties or determined by the commissioner, as the case may be.

section 1. of the employees compensation act : show related subordinates 1 this act may be called the 1employees compensation act, . 22 it extends to the whole of india 3. 3 it shall come into force on the first day of july, . 1. subs. by s. 4, ibid., for workmens w.e.f. . 2. subs. by the a. o. , for subsection 2. 3. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and schedule w.e.f. .

section 3. of the employees compensation act : 13. employers liability for compensation.1 if personal injury is caused to a 2employee by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter: provided that the employer shall not be so liable a in respect of any injury which does not result in the total or partial disablement of the 2employee for a period exceeding 3three days b in respect of any 4injury, not resulting in death 5or permanent total disablement, caused by an accident which is directly attributable to i the 2employee having been at the time thereof under the influence of drink or drugs, or ii the wilful disobedience of the 2employee to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of employees, or iii the wilful removal or disregard by the 2employee of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of 6employees 7 8 92 if a 2employee employed in any employment specified in pat a of schedule iii contracts any disease specified therein as an occupational disease peculiar to that employment, or if a 2employee, whilst in the service of an employer in whose service he has been employed for a continuous period of not less than six months which period shall not include a period of service under any other employer in the same kind of employment in any employment specified in part b of schedule iii, contracts any disease specified therein as an occupational disease peculiar to that employment, or if a 2employee whilst in the service of one or more employers in any employment specified in part c of schedule iii for such continuous period as the central government may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section and, unless the contrary is proved, the accident shall be deemed to have arisen out of, and in the course of, the employment: 10provided that if it is proved, a that a 11employee whilst in the service of one or more employers in any employment specified in part c of schedule iii has contracted a disease specified therein as an occupational disease peculiar to that employment during a continuous period which is less than the period specified under this subsection for that employment, and b that the disease has arisen out of and in the course of the employment the contracting of such disease shall be deemed to be an injury by accident within the meaning of this section: provided further that if it is proved that a 11employee who having served under any employer in any employment specified in part b of schedule iii or who having served under one or more employers in any employment specified in part c of that schedule, for a continuous period specified under this subsection for that employment and he has after the cessation of such service contracted any disease specified in the said part b or the said part c, as the case may be, as an occupational disease peculiar to the employment and that such disease arose out of the employment, the contracting of the disease shall be deemed to be an injury by accident within the meaning of this section. 122a if a 11employee employed in any employment specified in part c of schedule iii contracts any occupational disease peculiar to that employment, the contracting whereof is deemed to be an injury by accident within the meaning of this section, and such employment was under more than one employer, all such employers shall be liable for the payment of the compensation in such proportion as the commissioner may, in the circumstances, deem just. 3 13the central government or the state government after giving, by notification in the official gazette, not less than three months notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in schedule iii, and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively, and thereupon the provisions of subsection 2 shall apply 14in the case of a notification by the central government, within the territories to which this act extends or, in case of a notification by the state government, within the state 15 as if such diseases had been declared by this act to be occupational diseases peculiar to those employments. 4 save as provided by 16subsections 2, 2a and 3 no compensation shall be payable to a11employee in respect of any disease unless the disease is 17 directly attributable to a specific injury by accident arising out of and in the course of his employment. 5 nothing herein contained shall be deemed to confer any right to compensation on a 11 employee in respect of any injury if he has instituted in a civil court a suit for damages in respect of the injury against the employer or any other person and no suit for damages shall be maintainable by a 11employee in any court of law in respect of any injury a if he has instituted a claim to compensation in respect of the injury before a commissioner or b if an agreement has been come to between the 18employee and his employer providing for the payment of compensation in respect of the injury in accordance with the provisions of this act. 1. subs. by s. 4, ibid., for workmens w.e.f. . 2. subs. by act 45 of , s. 5, for workman w.e.f. . 3. subs. by act 8 of , s. 3, for seven w.e.f.. 4. subs. by act 15 of , s. 3, for injury to a workman resulting from. 5. ins. by act 30 of , s. 3 w.e.f. . 6. subs. by act 45 of , s. 5, for workmen w.e.f. . 7. the word or omitted by act 5 of , s. 2. 8. clause c omitted by s. 2, ibid. 9. subs. by act 8 of , s. 3, for subsections 2 and 3 w.e.f. . 10. ins. by act 64 of , s. 3 w.e.f. . 11. subs. by act 45 of , s. 5, for workman w.e.f. . 12. subs. by act 64 of , s. 3, for subsection 2a w.e.f. . 13. subs. by act 30 of , s. 3, for certain words w.e.f. . 14. ins. by s. 3, ibid. w.e.f. . 15. certain words omitted by act 51 of , s. 2 and the schedule w.e.f. . 16. subs. by act 8 of , s. 3, for subsection 2 w.e.f. . 17. the words solely and omitted by act 15 of , s. 3. 18. subs. by act 45 of , s. 5, for workman w.e.f. .

section 6. of the employees compensation act : 1 any halfmonthly payment payable under this act, either under an agreement between the parties or under the order of a commissioner, may be reviewed by the commissioner, on the application either of the employer or of the 1employee accompanied by the certificate of a qualified medical practitioner that there has been a change in the condition of the 1employee or, subject to rules made under this act, on application made without such certificate. 2 any halfmonthly payment may, on review under this section, subject to the provisions of this act, be continued, increased, decreased or ended, or if the accident is found to have resulted in permanent disablement, be converted to the lump sum to which the 1employee is entitled less any amount which he has already received by way of halfmonthly payments. 1. subs. by act 45 of , s. 5, for workman w.e.f. .

section 8. of the employees compensation act : 741 no payment of compensation in respect of a 2employee whose injury has resulted in death, and no payment of a lump sum as compensation to a woman or a person under a legal disability, shall be made otherwise than by deposit with the commissioner, and no such payment made directly by an employer shall be deemed to be a payment of compensation: 3provided that, in the case of a deceased 2employee, an employer may make to any dependant advances on account of compensation 4of an amount equal to three months wages of such 2employee and so much of such amount as does not exceed the compensation payable to that dependant shall be deducted by the commissioner from such compensation and repaid to the employer. 2 any other sum amounting to not less than ten rupees which is payable as compensation may be deposited with the commissioner on behalf of the person entitled thereto. 3 the receipt of the commissioner shall be a sufficient discharge in respect of any compensation deposited with him. 4 on the deposit of any money under subsection 1 5as compensation in respect of a deceased 2employee the commissioner 6 shall, if he thinks necessary, cause notice to be published or to be served on each dependant in such manner as he thinks fit, calling upon the dependants to appear before him on such date as he may fix for determining the distribution of the compensation. if the commissioner is satisfied after any inquiry which he may deem necessary, that no dependant exists, he shall repay the balance of the money to the employer by whom it was paid. the commissioner shall, on application by the employer, furnish a statement showing in detail all disbursements made. 75 compensation deposited in respect of a deceased 2employee shall, subject to any deduction made under subsection 4, be apportioned among the dependants of the deceased 2employee or any of them in such proportion as the commissioner thinks fit, or may, in the discretion of the commissioner, be allotted to any one dependant. 6 where any compensation deposited with the commissioner is payable to any person, the commissioner shall, if the person to whom the compensation is payable is not a woman or a person under a legal disability, and may, in other cases, pay the money to the person entitled thereto. 7 where any lump sum deposited with the commissioner is payable to a woman or a person under a legal disability, such sum may be invested, applied or otherwise dealt with for the benefit of the woman, or of such person during his disability, in such manner as the commissioner may direct and where a halfmonthly payment is payable to any person under a legal disability, the commissioner may, of his own motion or on an application made to him in this behalf, order that the payment be made during the disability to any dependant of the employee or to any other person, whom the commissioner thinks best fitted to provide for the welfare of the 2employee. 88 where, on application made to him in this behalf or otherwise, the commissioner is satisfied that, on account of neglect of children on the part of parent or on account of the variation of the circumstances of any dependant or for any other sufficient cause, an order of the commissioner as to the distribution of any sum paid as compensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the commissioner may make such orders for the variation of the former order as he thinks just in the circumstances of the case: provided that no such order prejudicial to any person shall be made unless such person has been given an opportunity of showing cause why the order should not be made, or shall be made in any case in which it would involve the repayment by a dependant of any sum already paid to him. 99 where the commissioner varies any order under subsection 8 by reason of the fact that payment of compensation to any person has been obtained by fraud, impersonation or other improper means, any amount so paid to or on behalf of such person may be recovered in the manner hereinafter provided in section 31. 1. subs. by act 5 of , s. 4, for subsections 1 to 3. 2. subs. by act 45 of , s. 5, for workman w.e.f.. 3. subs. by act 15 of , s. 6, for the proviso. 4. ins. by act 5 of , s. 4. 5. subs. by act 30 of , s. 6, for certain words w.e.f.. 6. certain words omitted by act 30 of , s. 6 w.e.f.. 7. subs. by act 5 of , s. 4, for subsection 5. 8. subsection 6 renumbered as subsection 8 by act 5 of , s. 4. 9. ins. by act 5 of , s. 4.

section 2. of the employees compensation act : 1 in this act, unless there is anything repugnant in the subject or context, 1 b commissioner means a commissioner for workmens compensation appointed under section 20 c compensation means compensation as provided for by this act 2d dependant means any of the following relatives of a deceased 3employee, namely: i a widow, a minor 4legitimate or adopted son, and unmarried 4legitimate or adopted daughter, or a widowed mother and ii if wholly dependent on the earnings of the 3employee at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm iii if wholly or in part dependent on the earnings of the 3employee at the time of his death, a a widower, b a parent other than a widowed mother, c a minor illegitimate son, an unmarried illegitimate daughter or a daughter 5legitimate or illegitimate or adopted if married and a minor or if widowed and a minor, d a minor brother or a unmarried sister or a widowed sister if a minor, e a widowed daughterinlaw, f a minor child of a predeceased son, g a minor child of a predeceased daughter where no parent of the child is alive, or h a paternal grandparent if no parent of the 6employee is alive. 7explanation.for the purpose of subclause ii and items f and g of subclause iii, references to a son, daughter or child include an adopted son, daughter or child respectively 8dd employee means a person, who is i a railway servant as defined in clause 34 of section 2 of the railways act, 24 of , not permanently employed in any administrative district or subdivisional office of a railway and not employed in any such capacity as is specified in schedule ii or ii a a master, seaman or other member of the crew of a ship, b a captain or other member of the crew of an aircraft, c a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, d a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in india or iii employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing but does not include any person working in the capacity of a member of the armed forces of the union and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependants or any of them e employer includes anybody of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, when the services of a 6employee are temporarily lent or let on hire to another person by the person with whom the 6employee has entered into a contract of service or apprenticeship, meanssuch other person while the 6employee is working for him f managing agent means any person appointed or acting as the representative of another person for the purpose of carrying on such other persons trade or business, but does not include an individual manager subordinate to an employer 9ff minor means a person who has not attained the age of 18 years g partial disablement means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a 10employee in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified 11in part ii of schedule i shall be deemed to result in permanent partial disablement h prescribed means prescribed by rules made under this act i qualified medical practitioner means any person registered 12 under any 13central act, provincial act or an act of the legislature of a 14state providing for the maintenance of a register of medical practitioners, or, in any area where no such lastmentioned act is in force, any person declared by the state government, by notification in the official gazette, to be a qualified medical practitioner for the purposes of this act 15 k seaman means any person forming part of the crew of any 16 ship, but does not include the master of 17the ship l total disablement means such disablement, whether of a temporary or permanent nature, as incapacitates a 10employee for all work which he was capable of performing at the time of the accident resulting in such disablement: 18provided that permanent total disablement shall be deemed to result from every injury specified in part i of schedule i or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part h against those injuries, amounts to one hundred per cent. or more m wages includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance or the value of any travelling concession or a contribution paid by the employer of a 10employee towards any pension or provident fund or a sum paid to a 10employee to cover any special expenses entailed on him by the nature of his employment 19 2 the exercise and performance of the powers and duties of a local authority or of any department 20acting on behalf of the government shall, for the purposes of this act, unless a contrary intention appears, be deemed to be the trade or business of such authority or department. 213 the central government or the state government, by notification in the official gazette, after giving not less than three months notice of its intention so to do, may, by a like notification, add to schedule h any class of persons employed in any occupation which it is satisfied is a hazardous occupation, and the provisions of this act shall thereupon apply, in case of a notification by the central government, within the territories to which the act extends, or, in the case of a notification by the state government, within the state, to such classes of person: provided that in making addition, the central government or the state government, as the case may be, may direct that the provisions of this act shall apply to such classes of persons in respect of specified injuries only. 1. clause a omitted by act 8 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for the clause d w.e.f. . 3. subs. by act 45 of , s. 5, for workman w.e.f. . 4. subs. by act 30 of , s. 2 for legitimate w.e.f. . 5. subs. by act 30 of , s. 2, for legitimate or illegitimate w.e.f. . 6. subs. by act 45 of , s. 5, for workman w.e.f. . 7. ins. by act 30 of , 2 w.e.f. . 8. ins. by act 45 of , s. 6 w.e.f. . 9. in the application of the act to bengal, a new clause ff has been ins, here by the workmens compensation bengal amendment act, ben. 6 of , s. 3. 10. subs. by act 45 of , s. 5, for workman w.e.f. . 11. subs. by act 64 of , s. 2, for in the first schedule w.e.f. . 12. the words and figures under the medical act, , or any act amending the same, or omitted by act 8 of , s. 2 w.e.f. . 13. subs. by the a.o. , for act of the central legislature or of any legislature in a province of india. 14. subs. by the adaptation of laws no. 3 order, , for part a state or part b state. 15. clause j rep. by act 15 of , s. 2. 16. the word registered omitted by s. 2, ibid. 17. subs. by s. 2, ibid., for any such. 18. subs. by act 64 of , s. 2, for the proviso w.e.f. . 19. clause n omitted by act 45 of , s. 6 w.e.f. . 20. subs. by a. o. , for of the govt.. 21. subs. by act 30 of , s.2, for subsection 3 w.e.f. .

section 9. of the employees compensation act : save as provided by this act, no lump sum or halfmonthly payment payable under this act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the 1employee by operation of law, nor shall any claim be set off against the same. 1. subs. by act 45 of , s. 5, for workman w.e.f. .

section 4. of the employees compensation act : 24. amount of compensation.1 subject to the provisions of this act, the amount of compensation shall be as follows, namely: a where death results from the injury an amount equal to 3fifty per cent. of the monthly wages of the deceased 1employee multiplied by the relevant factor or an amount of 4one lakh and twenty thousand rupees, whichever is more b where permanent total disablement results from the injury an amount equal to 5sixty per cent. of the monthly wages of the injured 1employee multiplied by the relevant factor or an amount of 6one lakh and forty thousand rupees,whichever is more: 7provided that the central government may, by notification in the official gazette, from time to time, enhance the amount of compensation mentioned in clauses a and b explanation i.for the purposes of clause a and clause b, relevant factor, in relation to a 1employee means the factor specified in the second column of schedule iv against the entry in the first column of that schedule specifying the number of years which are the same as the completed years of the age of the 1 employee on his last birthday immediately preceding the date on which the compensation fell due. 8 c where permanent partial disablement results from the injury. i in the case of an injury specified in part ii of schedule i, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and ii in the case of an injury not specified in schedule i, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity as assessed by the qualified medical practitioner permanently caused by the injury. explanation i.where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries. explanation ii.in assessing the loss of earning capacity for the purposes of subclause ii, the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in schedule i d where temporary disablement, whether total or partial results from the injury a halfmonthly payment of the sum equivalent to twentyfive per cent. of monthly wages of the 9employee, to be paid in accordance with the provisions of subsection 2. 101a notwithstanding anything contained in subsection 1, while fixing the amount of compensation payable to a 9employee in respect of an accident occurred outside india, the commissioner shall take into account the amount of compensation, if any, awarded to such 9employee in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the 9employee in accordance with the law of that country. 111b the central government may, by notification in the official gazette, specify, for the purposes of subsection i, such monthly wages in relation to an employee as it may consider necessary 2 the halfmonthly payment referred to in clause d of subsection 1 shall be payable on the sixteenth day i from the date of disablement where such disablement lasts for a period of twentyeight days or more, or ii after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twentyeight days and thereafter halfmonthly during the disablement or during a period of five years, whichever period is shorter: provided that a there shall deducted from any lump sum or halfmonthly payments to which the 9employee is entitled the amount of any payment or allowance which the 9employee has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first halfmonthly payment, as the case may be and b no halfmonthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the 9employee before the accident exceeds half the amount of such wages which he is earning after the accident. explanation.any payment or allowance which the 9employee has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of clause a of the proviso. 112a the employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during the course of employment. 3 on the ceasing of the disablement before the date on which any halfmonthly payment falls due there shall be payable in respect of that halfmonth a sum proportionate to the duration of the disablement in that halfmonth. 124 if the injury of the 13employee results his death, the employer shall, in addition to the compensation under subsection 1, deposit with the commissioner a sum of 14two thousand and five hundred rupees for payment of the same to the eldest surviving dependant of the 13employee towards the expenditure of the funeral of such 13employee or where the 13employee did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure. 15provided that the central government may, by notification in the official gazette, from time to time, enhance the amount specified in this subsection. 1. subs. by act 45 of , s. 5, for workman w.e.f. . 2. subs. by act 22 of , s. 3, for s. 4 w.e.f. . 3. subs. by act 30 of , s. 4, for forty per cent. w.e.f. . 4. subs. by act 45 of , s. 7, for eighty thousand rupees w.e.f. . earlier it was amended by act 46 of , s. 3. w.e.f. . 5. subs. by act 45 of , s.4, for fifty per cent. w.e.f. . 6. subs. by act 45 of , s. 7, for ninety thousand rupees w.e.f. . earlier it was amended by act 46 of , s. 3 w.e.f. . 7. ins. by s. 7, ibid. w.e.f. . 8. explanation ii omitted by s. 7, ibid. w.e.f.. 9. subs. by act 45 of , s. 5, for workman w.e.f . . 10. ins. by act 30 of , s. 4 w.e.f. . 11. ins. by act 45 of , s. 7 w.e.f. . 12. ins. by act 30 of , s. 4 w.e.f.. 13. subs. by act 45 of , s. 5, for workman w.e.f.. 14. subs. by act 46 of , s. 3, for one thousand rupees w.e.f.. 15. ins. by act 45 of , s. 7 w. e. f. .

section 4a. of the employees compensation act : 24a. compensation to be paid when due and penalty for default.1 compensation under section 4 shall be paid as soon as it falls due. 2 in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the commissioner or made to the1employee, as the case may be, without prejudice to the right of the 1employee to make any further claim. 33 where any employer is in default in paying the compensation due under this act within one month from the date it fell due, the commissioner shall a direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent. per annum or at such higher, rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the central government by notification in the official gazette, on the amount due and b if, in his opinion, there is no justification for the delay, direct that the employer shall, in addition to the amount of the arrears and interest thereon, pay a further sum not exceeding fifty per cent. of such amount by way of penalty: provided that an order for the payment of penalty shall not be passed under clause b without giving a reasonable opportunity to the employer to show cause why it should not be passed. explanation.for the purposes of this subsection, scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, . 43a the interest and the penalty payable under subsection 3 shall be paid to the 1employee or his dependant, as the case may be. 1. subs. by act 45 of , s. 5, for workman w.e.f.. 2. ins. by act 8 of , s. 5 w.e.f.. 3. subs. by act 30 of , s. 5 for subsection 3 w.e.f., 4. subs. by act 46 of , s. 4, for subsection 3a w.e.f..

section 10a. of the employees compensation act : 210a. power to require from employers statements regarding fatal accidents.1 where a commissioner receives information from any source that a1employee has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workmans employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the 1employee, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death. 2 if the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice. 3 if the employer is of opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability. 4 where the employer has so disclaimed liability, the commissioner, after such enquiry as he may think fit, may inform any of the dependants of the deceased 1employee, that it is open to the dependants to prefer a claim for compensation, and may give them such other further information as he may think fit. 1. subs. by act 45 of , s. 5, for workman w.e.f. . 2. ins. by act 15 of , s. 8.

section 10b. of the employees compensation act : 110b. reports of fatal accidents and serious bodily injuries.1 where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death 100or serious bodily injury, the person required to give the notice shall, within seven days of the death 100or serious bodily injury, send a report to the commissioner giving the circumstances attending the death 100or serious. bodily injury: provided that where the state government has so prescribed the person required to give the notice may instead of sending such report to the commissioner send it to the authority to whom he is required to give the notice. 100explanation.serious bodily injury means an injury which involves, or in all probability will involve the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days. 2 the state government may, by notification in the official gazette, extend the provisions of subsection 1 to any class of premises other than those coming within the scope of that subsection, and may, by such notification, specify the persons who shall send the report to the commissioner: 1003 nothing in this section shall apply to factories to which the employees state insurance act, 34 of , applies. 1. ins. by act 15 of , s. 8. 2. ins. by act 8 of , s. 9 w.e.f..

section 5. of the employees compensation act : 5. 1method of calculating wages.1 2in this act and for the purposes thereof the expression monthly wages means me amount of wages deemed to be payable for a months service whether the wages are payable by the month or by whatever other period or at piece rates, and calculated as follows, namely: a where the 3employee has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the 3employee shall be onetwelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period 4b where the whole of the continuous period of service immediately preceding the accident during which the 3employee was in the service of the employer who is liable to pay the compensation was less than one month, the monthly wages of the 3employee shall be 5 the average monthly amount which, during the twelve months immediately preceding the accident, was being earned by a 3employee employed on the same work by the same employer, or, if there was no 3employee so employed, by a 3employee employed on similar work in the same locality 6c 7in other cases including cases in which it is not possible for want of necessary information to calculate the monthly wages under clause b, the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period. 8 explanation.a period of service shall, for the purposes of 9this 10section be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days. 11 1. the brackets and figure 1 omitted by act 9 of , s. 4. earlier section 5 was renumbered as subsection 1 of that section by act 5 of , s. 3. 2. subs. by act 13 of , s. 2 w.e.f. , for for the purposes of this act the monthly wages of a workman shall be calculated. the words in italics subs. by act 15 of , s. 5, for section 4. 3. subs. by act 45 of , s. 5, for workman w.e.f. . 4. ins. by act 15 of , s. 5. 5. the words deemed to be omitted by act 13 of , s. 2 w.e.f. . 6. clause b relettered as clause c by act 15 of , s. 5. 7. subs. by act 8 of , s. 6, for in other cases w.e.f. . 8. the proviso omitted by act 15 of , s. 5. 9. subs. by act 5 of , s. 3, for this section. 10. subs. by act 9 of , s. 4, for subsection. 11. subsection 2 omitted by act 15 of , s. 5. earlier it was added by act 5 of , s. 3.

section 13. of the employees compensation act : where a 1employee has recovered compensation in respect of any injury caused under circumstances creating a legal liability of some person other than the person by whom the compensation was paid to pay damages in respect thereof, the person by whom the compensation was paid and any person who has been called on to pay an indemnity under section 12 shall be entitled to be indemnified by the person so liable to pay damages as aforesaid. 1. subs. by act 45 of , s. 5, for workman w.e.f..

section 14a. of the employees compensation act : 114a. compensation to be first charge on assets transferred by employer.where an employer transfers his assets before any amount due in respect of any compensation, the liability where for accrued before the date of the transfer, has been paid, such amount shall, notwithstanding anything contained in any other law for the time being in force, be a first charge on that part of the assets so transferred as consists of immovable property. 1. ins. by act 8 of , s. 10 w.e.f..

section 10. of the employees compensation act : 1 2no claim for compensation shall be entertained by a commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within 3two years of the occurrence of the accident or, in case of death, within 3two years from the date of death: provided that, where the accident is the contracting of a disease in respect of which the provisions of subsection 2 of section 3 are applicable, the accident shall be deemed to have occurred on the first of the days during which the 1employee was continuously absent from work in consequence of the disablement caused by the disease: 4provided further that in case of partial disablement due to the contracting of any such disease and which does not force the 1employee to absent himself from work, the period of two years shall be counted from the day the 1employee gives notice of the disablement to his employer: provided further that if a 1employee who, having been employed in an employment for a continuous period, specified under subsection 2 of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected: 5provided further that the want of or any defect or irregularity in a notice shall not be a bar to the 6entertainment of a claim a if the claim is 7preferred in respect of the death of a 1employee resulting from an accident which occurred on the premises of the employer, or at any place where the 1employee at the time of the accident was working under the control of the employer or of any person employed by him, and the 1employee died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or b if the employer 8or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured 1employee was employed had knowledge of the accident from any other source at or about the time when it occurred: provided further, that the commissioner may 9entertain and decide any claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been 10preferred, in due time as provided in this subsection, if he is satisfied that the failure so to give the notice of 11prefer the claim, as the case may be, was due to sufficient cause. 2 every such notice shall give the name and address of the persons injured and shall state in ordinary language the cause for the injury and the date on which the accident happened, and shall be served on the employer or upon 12any one of several employers, or upon any person 13 responsible to the employer for the management of any branch of the trade or business in which the injured 14employee was employed. 153 the state government may require that any prescribed class of employers shall maintain at their premises at which 16employees are employed a noticebook, in the prescribed form, which shall be readily accessible at all reasonable times to any injured 14employee employed on the premises and to any person acting bona fide on his behalf. 4 a notice under this section may be served by delivering it at, or sending it by registered post addressed to, the residence or any office or place of business of the person on whom it is to be served, or, where a noticebook is maintained, by entry in the noticebook. 1. subs. by act 45 of , s. 5, for workman w.e.f. . 2. subs. by act 9 of , s. 5, for the original words. 3. subs. by act 8 of , s. 8, for one year w.e.f. . 4. ins. by act 64 of , s. 5 w.e.f. . 5. ins. by act 15 of , s. 7. 6. subs. by act 9 of , s. 5, for maintenance of proceedings. 7. subs. by s. 5, ibid. 8. ins. by s. 5, ibid. 9. subs. by act 9 of , s. 5, for admit. 10. subs. by s. 5, ibid., for instituted. 11. subs. by s. 5, ibid., for institute. 12. subs. by act 7 of , s. 2 and the first schedule, for any one or. 13. the word directly omitted by act 9 of , s. 5. 14. subs. by act 45 of , s. 5, for workman w.e.f. . 15. subs. by act 15 of , s. 7, for subsection 3. 16. subs. by act 45 of , s. 5, for workmen w.e.f. .

section 15. of the employees compensation act : this act shall apply in the case of 1employees who are masters of 2 ships or seamen subject to the following modifications namely: 1 the notice of the accident and the claim for compensation may, except where the person injured is the master of the ship, be served on the master of the ship as if he were the employer, but where the accident happened and the disablement commenced on board the ship it shall not be necessary for any seaman to give any notice of the accident. 2 in the case of the death of a master or seaman, the claim for compensation shall be made within 3one year after the news of the death has been received by the claimant or, where the ship has been or is deemed to have been lost with all hands, within eighteen months of the date on which the ship was, or is deemed to have been, so lost: 4provided that the commissioner may entertain any claim to compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this subsection, if he is satisfied that the failure so to prefer the claim was due to sufficient cause. 3 where an injured master or seaman is discharged or left behind in any part of 5india or 6in any foreign country any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claim, be admissible in evidence a if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made b if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to crossexamine the witness and c if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of crossexamining the witness and that the deposition if made in a criminal proceeding was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he., had that opportunity and that it was so made. 7 84 no 9halfmonthly payment shall be payable in respect of the period during which the owner of the ship is, under any law in force for the time being 10 relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman. 115 no compensation shall be payable under this act in respect of any injury in respect of which provision is made for payment of a gratuity, allowance or pension under the war pensions and detention allowances mercantile marine, etc. scheme, , or the war pensions and detention allowances indian seamen, etc. scheme, , made under the pensions navy, army, air force and mercantile marine act, 2 3 geo., or under the war pensions and detention allowances indian seamen scheme, 6, c. 83, made by the central government. 6 failure to give a notice or make a claim or commence proceedings within the time required by this act shall not be a bar to the maintenance of proceedings under this act in respect of any personal injury, if a an application has been made for payment in respect of that injury under any of the schemes referred to in the preceding clause, and b the state government certifies that the said application was made in the reasonable belief that the injury was one in respect of which the scheme under which the application was made makes provision for payments, and that the application was rejected or that payments made in pursuance of the application were discontinued on the ground that the injury was not such an injury, and c the proceedings under this act are commenced within one month from the date on which the said certificate of the state government was furnished to the person commencing the proceedings. 1. subs. by act 45 of , s. 5, for workmen w.e.f.. 2. the word registered omitted by act 15 of , s. 10. 3. subs. by act 8 of , s. 11, for six months w.e.f. . 4. added by s. 11, ibid. w.e.f. . 5. ins. by the a.o. . 6. subs. by act 22 of , s. 4, for certain words w.e.f. . 7. clause 4 omitted by act 9 of , s. 7. 8. clause 5 renumbered as clause 4 of that section by s. 7, ibid. 9. subs. by act 7 of , s. 2 and the first schedule, for monthly payment. 10. the words in part a states and part c states omitted by act 3 of , s. 3, and the schedule. 11. subs. by act 1 of , s. 2 w.e.f. .

section 15a. of the employees compensation act : 115a. special provisions relating to captains and other members of crew of aircrafts.this act shall apply in the case of 2employees who are captains or other members of the crew of aircrafts subject to the following modifications, namely: 1 the notice of the accident and the claim for compensation may, except where the person injured is the captain of the aircraft, be served on the captain of the aircraft as if he were the employer, but where the accident happened and the disablement commenced on board the aircraft it shall not be necessary for any member of the crew to give notice of the accident. 2 in the case of the death of the captain or other member of the crew, the claim for compensation shall be made within one year after the news of the death has been received by the claimant or, where the aircraft has been or is deemed to have been lost with all hands, within eighteen months of the date on which the aircraft was, or is deemed to have been, so lost: provided that the commissioner may entertain any claim for compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this subsection, if he is satisfied that the failure so to prefer the claim was due to sufficient cause. 3 where an injured captain or other member of the crew of the aircraft is discharged or left behind in any part of india or in any other country, any depositions taken by any judge or magistrate in that part or by any consular officer in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claims, be admissible in evidence a if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made b if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to crossexamine the witness c if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of crossexamining the witness and that the deposition if made in a criminal proceedings was made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made. 1. ins. by act 30 of , s. 8 w.e.f. . 2. subs. by act 45 of , s. 5, for workmen w.e.f. .

section 11. of the employees compensation act : 1 where a 1employee has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination, and any 1employee who is in receipt of a half monthly payment under this act shall, if so required, submit himself for such examination from time to time: provided that a 1employee shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this act, or at more frequent intervals than may be prescribed. 2 if a 1employee, on being required to do so by the employer under subsection 1 or by the commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself. 3 if a 1employee, before the expiry of period within which he is liable under subsection 1 to be required to submit himself for medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination. 4 where a 1employee, whose right to compensation has been suspended under subsection 2 or subsection 3, dies without having submitted himself for medical examination as required by either of those subsections, the commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased 1employee. 5 where under subsection 2 or subsection 3 a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause d of subsection 1 of section 4, the waiting period shall be increased by the period during which the suspension continues. 6 where an injured 102employee has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, 3if it is proved that the 2employee has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the2employee had been regularly attended by a qualified medical practitioner 4whose instructions he had followed., and compensation, it any, shall be payable accordingly. 1. subs. by act 45 of , s. 5, for workman w.e.f.. 2. subs. by act 45 of , s. 5, for workman w.e.f.. 3. subs. by act 9 of , s. 6, for certain words. 4. ins. by s. 6, ibid.

section 12. of the employees compensation act : 1 where any person hereinafter in this section referred to as the principal in the course of or for the purposes of his trade or business contracts with any other person hereinafter in this section referred to as the contractor for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any1employee employed in the execution of the work any compensation which he would have been liable to pay if that 1employee had been immediately employed by him and where compensation is claimed from the principal, this act shall apply as if references to the principal were substituted for references to the employer except that the amount of compensation shall be calculated with reference to the wages of the1employee under the employer by whom he is immediately employed. 2 where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the contractor 2, or any other person, from whom the 1employee could have recovered compensation and where a contractor who is himself a principal is liable to pay compensation or to indemnify a principal under this section he shall be entitled to be indemnified by any person standing to him in the relation of a contractor from whom the 1employee could have recovered compensation and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be settled by the commissioner. 3 nothing in this section shall be construed as preventing a 1employee from recovering compensation from the contractor instead of the principal. 4 this section shall not apply in any case where the accident occurred elsewhere than on, in or about the premises on which the principal has undertaken or usually undertakes, as the case may be, to execute the work or which are otherwise under his control or management. 1. subs. by act 45 of , s. 5, for workman w.e.f.. 2. ins. by act 15 of , s. 9.

section 16. of the employees compensation act : the 2state government may by notification in the official gazette, direct that every person employing 1employees, or that any specified class of such persons, shall send at such time and in such form and to such authority, as may be specified in the notification, a correct return specifying the number of injuries in respect of which compensation has been paid by the employer during the previous year and the amount of such compensation together with such other particulars as to the compensation as the 2state government may direct. 1. subs. by act 45 of , s. 5, for workmen w.e.f. . 2. subs. by the a.o. , for g.g. in c.

section 14. of the employees compensation act : 1 where any employer has entered into a contract with any insurers in respect of any liability under this act to any 1employee, then in the event of the employer becoming insolvent or making a composition or scheme of arrangement with his creditors or, if the employer is a company, in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being in force relating to insolvency or the winding up of companies, be transferred to and vest in the 1employee, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so, however, that the insurersshall not be under any greater liability to the 2employee than they would have been under to the employer. 2 if the liability of the insurers to the 2employee is less than the liability of the employer to the 2employee, the 2employee may prove for the balance in the insolvency proceedings or liquidation. 3 where in any case such as is referred to in subsection 1 the contract of the employer with the insurers is void or voidable by reason of noncompliance on the part of the employer with any terms or conditions of the contract other than a stipulation for the payment of premia, the provisions of that subsection shall apply as if the contract were not void or voidable, and the insurers shall be entitled to prove in the insolvency proceedings or liquidation for the amount paid to the 2employee: provided that the provisions of this subsection shall not apply in any case in which the 2employee fails to give notice to the insurers of the happening of the accident and of any resulting disablement as soon as practicable after he becomes aware of the institution of the insolvency or liquidation proceedings. 4 there shall be deemed to be included among the debts which under section 49 of the presidencytowns insolvency act, 3 of , or under section 61 of the provincial insolvency act, 5 of , or under 3section 530 of the companies act, 1 of arc in the distribution of the property of an insolvent or in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount due in respect of any compensation the liability where for accrued before the date of the order of adjudication of the insolvent or the date of the commencement of the winding up, as the ease may be, and those acts shall have effect accordingly. 5 where the compensation is a halfmonthly payment, the amount due in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum for which the halfmonthly payment could, if redeemable, be redeemed if application were made for that purpose under section 7, and a certificate of the commissioner as to the amount of such sum shall be conclusive proof thereof. 6 the provisions of subsection 4 shall apply in the ease of any amount for which an insurer is entitled to prove under subsection 3, but otherwise those provisions shall not apply where the insolvent or the company being wound up has entered into such a contract with insurers as is referred to in subsection 1. 7 this section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company. 1. subs. by act 45 of , s. 5, for workman w.e.f.. 2. subs. by act 45 of , s. 5, for workman w.e.f.. 3. subs. by act 30 of , s. 7, for certain words w.e.f..

section 15b. of the employees compensation act : 115b. special provisions relating to 2employees abroad of companies and motor vehicles.this act shall apply i in the case of 2employees who are persons recruited by companies registered in india and working as such abroad, and ii persons sent for work abroad along with motor vehicles registered under the motor vehicles, act, 59 of as drivers, helpers, mechanics, cleaners or other 3employees, subject to the following modifications, namely: 1 the notice of the accident and the claim for compensation may be served on the local agent of the company, or the local agent of the owner of the motor vehicle, in the country of accident, as the case may be. 2 in the case of death of the 4employee in respect of whom the provisions of this section shall apply, the claim for compensation shall be made within one year after the news of the death has been received by the claimant: provided that the commissioner may entertain any claim for compensation in any case notwithstanding that the claim has not been preferred in due time as provided in this subsection, if he is satisfied that the failure so to prefer the claim was due to sufficient cause. 3 where an injured 3employee is discharged or left behind in any part of india or in any other country any depositions taken by any judge or magistrate in that part or by any consular officer, in the foreign country and transmitted by the person by whom they are taken to the central government or any state government shall, in any proceedings for enforcing the claims, be admissible in evidence a if the deposition is authenticated by the signature of the judge, magistrate or consular officer before whom it is made b if the defendant or the person accused, as the case may be, had an opportunity by himself or his agent to crossexamine the witness c if the deposition was made in the course of a criminal proceeding, on proof that the deposition was made in the presence of the person accused, and it shall not be necessary in any case to prove the signature 017 official character of the person appearing to have signed any such deposition and a certificate by such person that the defendant or the person accused had an opportunity of crossexamining the witness and that the deposition if made in a criminal proceeding vas made in the presence of the person accused shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made. 1. ins. by act 30 of , s. 8 w.e.f. . 2. subs. by act 45 of , s. 5, for workmen w.e.f. . 3. subs. by act 45 of , s. 5, for workmen w.e.f. . 4. subs. by s. 5, ibid., for workman w.e.f. .

section 17. of the employees compensation act : any contract or agreement whether made before or after the commencement of this act, whereby a 1employee relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment, shall be null and void in so far as it purports to remove or reduce the liability of any person to pay compensation under this act. 1. subs. by s. 5, ibid., for workman w.e.f. .

section 21. of the employees compensation act : 11 where any matter is under this act to be done by or before a commissioner, the same shall, subject to the provisions of this act and to any rules made hereunder, be done by or before the commissioner for the area in which a the accident took place which resulted in the injury or b the 2employee or in case of his death, the dependant claiming the compensation ordinarily resides or c the employer has his registered office: provided that no matter shall be processed before or by a commissioner, other than the commissioner having jurisdiction over the area in which the accident took place, without his giving notice in the manner prescribed by the central government to the commissioner having jurisdiction over the area and the state government concerned: provided further that, where the 2employee, being the master of a ship or a seaman or the captain or a member of the crew of an aircraft or a2employee in a motor vehicle or a company, meets with the accident outside india any such matter may be done by or before a commissioner for the area in which the owner or agent of the ship, aircraft or motor vehicle resides or carries on business or the registered office of the company is situate, as the case may be. 1a if a commissioner, other than the commissioner with whom any money has been deposited under section 8, proceeds with a matter under this act, the former may for the proper disposal of the matter call for transfer of any records or money remaining with the latter and on receipt of such a request, he shall comply with the same. 2 if a commissioner is satisfied 3that any matter arising out of any proceedings pending before him can be more conveniently depth with by any other commissioner, whether in the same state or not, he may, subject to rules made under this act, order such matter to be transferred to such other commissioner either for report or for disposal, and, if he does so, shall forthwith transmit to such other commissioner all documents relevant for the decision of such matter and, where the matter is transferred for disposal, shall also transmit in the prescribed manner any money remaining in his hands or invested by his for the benefit of any party to the proceedings: 4provided that the commissioner shall not, where any party to the proceedings has appeared before him, make any order of transfer relating to the distribution among dependants of a lump sum without giving such party an opportunity of being heard: 5 3 the commissioner to whom any matter is so transferred shall, subject to rules made under this act, inquire there into and, if the matter was transferred for report, return his report thereon or, if the matter was transferred for disposal, continue the proceedings as if they had originally commenced before him. 4 on receipt of a report from a commissioner to whom any matter has been transferred for report under subsection 2, the commissioner by whom it, was referred shall decide the matter referred in conformity with such report. 65 the state government may transfer any matter from any commissioner appointed by it to any other commissioner appointed by it. 1. subs. by act 30 of , s. 10, for subsection 1, w.e.f. . 2. subs. by act 45 of , s. 5, for workman w.e.f. . 3. subs. by act 9 of , s. 9, for certain words. 4. ins. by act 9 of , s. 9. 5. second proviso omitted by s. 10, ibid. w.e.f. . 6. ins. by act 15 of , s. 14.

section 17a. of the employees compensation act : 117a. duty of employer to inform employee of his rights.every employer shall immediately at the time of employment of an employee, inform the employee of his rights to compensation under this act, in writing as well as through electronic means, in english or hindi or in the official language of the area of employment, as may be understood by the employee. 1. ins. by act 11 of , s. 2 w.e.f. .

section 22. of the employees compensation act : 11 where an accident occurs in respect of which liability to pay compensation under this act arises, a claim for such compensation may, subject to the provisions of this act, be made before the commissioner. 1a subject to the provisions of subsection 1, no application for the settlement of any matter by a commissioner, 2other than an application by a dependant or dependants for compensation shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement. 2 3an application to a commissioner may be made in such form and shall be accompanied by such fee, if any, as may be prescribed, and shall contain, in addition to any particulars which may be prescribed, the following particulars, namely: a a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims b in the case of a claim for compensation against an employer, the date of service of notice of the accident on the employer and, if such notice has not been served or has not been served in due time, the reason for such omission c the names and addresses of the parties and d 2except in the case of an application by dependants for compensation a concise statement of the matters on which agreement has and4of those on which agreement has not been come to. 3 if the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so desires, be prepared under the direction of the commissioner. 1. subs. by act 30 of , s. 11, for certain words w.e.f. . 2. ins. by act 15 of , s. 15. 3. subs. by s. 15, ibid., for where any such question has arisen, the application. 4. subs. by act 37 of , s. 2 and the first schedule, for on.

section 18.. of the employees compensation act : proof of age. rep. by the workmens compensation amendment act, 8 of , s. 12 w.e.f. .

section 18a. of the employees compensation act : 118a. penalties.1 whoever a fails to maintain a noticebook which he is required to maintain under subsection 3 of section 10, or b fails to send to the commissioner a statement which he is required to sent under subsection 1 of section 10a, or c fails to send a report which he is required to sent under section 10b, or d fails to make a return which he is required to make under 2section 16, or 3e fails to inform the employee of his rights to compensation as required under section 17a shall be punishable with fine 4which shall not be less than fifty thousand rupees but which may extend to one lakh rupees. 2 no prosecution under this section shall be instituted except by or with the previous sanction of a commissioner, and no court shall take cognizance of any offence under this section, unless complaint thereof is made 5within six months of the date on which the alleged commission of the offence came to the knowledge of the commissioner. 1. ins. by act 15 of , s. 11. 2. subs. by act 11 of , s. 3, for section 16 w.e.f. . 3. ins. by s. 3, ibid. w.e.f.. 4. subs. by s. 3, ibid., for which may extend to five thousand rupees w.e.f. . 5. subs. by act 64 of , s. 6, for certain words w.e.f. .

section 22a. of the employees compensation act : 122a. power of commissioner to require further deposit in cases of fatal accident.1 where any sum has been deposited by an employer as compensation payable in respect of a 2employee whose injury has resulted in death, and in the opinion of the commissioner such sum is insufficient, the commissioner may, by notice in writing stating his reasons, call upon the employer to show cause why he should not make a further deposit within such time as may be stated in the notice. 2 if the employer fails to show cause to the satisfaction of the commissioner, the commissioner may make an award determining the total amount payable, and requiring the employer to deposit the deficiency. 1 ins. by act 15 of , s. 16. 2. subs. by act 45 of , s. 5, for workman w.e.f. .

section 19. of the employees compensation act : 1 if any question arises in any proceedings under this act as to the liability of any person to pay compensation including any question as to whether a person injured is or is not a 1employee or as to the amount or duration of compensation including any question as to the nature or extent of disablement, the question shall, in default of agreement, be settled by 2a commissioner. 2 no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this act required to be settled, decided or dealt with by a commissioner or to enforce any liability incurred under this act. 1. subs. by act 45 of , s. 5, for workman w.e.f. . 2. subs. by act 15 of , s. 12, for the commissioner.

section 20. of the employees compensation act : 1 the state government may, by notification in the official gazette, 1who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or a pleader or is or has been a gazetted officer for not less than five years having education qualifications and experience in personnel management, human resource development and industrial relations appoint any person to be a commissioner for workmens compensation for such 2 area as may be specified in the notification. 32 where more than one commissioner had been appointed for any 4 area, the state government may, by general or special order, regulate the distribution of business between them. 53 any commissioner may, for the purpose of deciding any matter referred to him for decision under this act, choose one or more persons possessing special knowledge of any matter relevant to the matter under inquiry to assist him in holding the inquiry. 54 every commissioner shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 1. ins. by act 45 of , s. 8 w.e.f. . 2. the word local omitted by act 64 of , s. 7 w.e.f. . 3. ins. by act 15 of , s. 13. 4. the word local omitted by act 64 of , s. 7 w.e.f. . 5. subsection 2/ and 3 renumbered as subsections 3 and 4 to that section respectively by act 15 of , s. 13.

section 23. of the employees compensation act : the commissioner shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of taking evidence on oath which such commissioner is hereby empowered to impose and of enforcing the attendance of witnesses and compelling the production of documents and material objects, 1and the commissioner shall be deemed to be a civil court for all the purposes of 2section 195 and of chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 5 of , s. 5. 2. subs. by act 30 of , s. 12, for certain words w.e.f. .

section 29. of the employees compensation act : where a memorandum of any agreement the registration of which is required by section 28, is not sent to the commissioner as required by that section, the employer shall be liable to pay the full amount of compensation which he is liable to pay under the provisions of this act, and notwithstanding an thing contained in the proviso to subsection 1 of section 4, shall not, unless the commissioner otherwise directs, be entitled to deduct more than half of any amount paid to the 1employee by way of compensation whether under the agreement or otherwise. 1. subs. by act 45 of , s. 5, for workman w.e.f. .

section 24. of the employees compensation act : 124. appearance of parties.any appearance, application or act required to be made or done by any person before or to a commissioner other than an appearance of a party which is required for the purpose of his examination as a witness may be made or done on behalf of such person by a legal practitioner or by an official of an insurance company or a registered trade union or by an inspector appointed under subsection 1 of section 8 of the factories act, 63 of , or under subsection 1 of section 5 of the mines act, 35 of , or by any other officer specified by the state government in this behalf, authorised in writing by such person, or, with the permission of the commissioner, by any other person so authorised.2 1. subs. by act 8 of , s. 14, for s. 24 w.e.f. . 2. in the application of the act to bengal, new sections 24a and 24b have been ins. here by ben. act 6 of , s. 4.

section 25. of the employees compensation act : the commissioner shall make a brief memorandum of the substance of the evidence of every witness as the examination of the witness proceeds, and such memorandum shall be written and signed by the commissioner with his own hand and shall form part of the record: provided that, if the commissioner is prevented from making such memorandum, he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same, and such memorandum shall form part of the record: provided further that the evidence of any medical witness shall be taken down as nearly as may be word for word.

section 25a. of the employees compensation act : 125a. time limit of disposal of cases relating to compensation.the commissioner shall dispose of the matter relating to compensation under this act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee. 1. ins. by act 45 of , s. 9 w.e.f. .

section 26. of the employees compensation act : all costs, incidental to any proceedings before a commissioner, shall, subject to rules made under this act, be in the discretion of the commissioner.

section 27. of the employees compensation act : a commissioner may, if he thinks fit, submit any question of law for the decision of the high court and, if he does so, shall decide the question in conformity with such decision.

section 28. of the employees compensation act : 1 where the amount of any lump sum payable as compensation has been settled by agreement, whether by way or redemption of a halfmonthly payment or otherwise, or where any compensation has been so settled as being payable 1to a woman or a person under a legal disability 2 a memorandum thereof shall be sent by the employer to the commissioner, who shall, on being satisfied as to its genuineness, record the memorandum in a register in the prescribed manner: provided that a no such memorandum shall be recorded before seven days after communication by the commissioner of notice to the parties concerned 3 c the commissioner may at any time rectify the register d where it appears to the commissioner that an agreement as to the payment of a lump sum whether by way of redemption of a halfmonthly payment or otherwise, or an agreement as to the amount of compensation payable 4to a woman or a person under a legal disability 5 ought not to be registered by reason of the inadequacy of the sum or amount, or by reason of the agreement having been obtained by fraud or undue influence or other improper means, he may refuse to record the memorandum of the agreement 6and may make such order including an order as to any sum already paid under the agreement, as he thinks just in the circumstances. 2 an agreement for the payment of compensation which has been registered under subsection 1 shall be enforceable under this act notwithstanding anything contained in the indian contract act, 9 of , or in any other law for the time being in force. 1. subs. by act 5 of , s. 6, for certain words. 2. the words or to a dependant omitted by act 7 of , s. 3 and the second schedule. 3. clause b omitted by act 5 of , s. 6. 4. subs. by act 5 of , s. 6, for certain words. 5. the words or to any dependant omitted by act 7 of , s. 3 and the second schedule. 160. subs. by act 7 of , s. 2 and the schedule, for or may make such order.

section 34. of the employees compensation act : 1 the power to make rules conferred by 1section 32 shall be subject to the condition of the rules being made after previous publication. 2 the date to be specified in accordance with clause 3 of section 23 of the general clauses act, go of as that after which a draft of rules proposed to be made under section 32 2 will be taken into consideration, shall not be less than three months from the date on which the draft of the proposed rules was published for general information. 3 rules so made shall be published in 3 the official gazette 4 and, on suchpublication, shall have effect as if enacted in this act. 1. subs. by the a.o. , for sections 32 and 33. 2. the words and figures or section 33 rep. ibid. 3. the words the gazette of india or rep., by the a. o. . 4. the words as the case may be rep., ibid.

section 30. of the employees compensation act : 1 an appeal shall lie to the high court from the following orders of a commissioner, namely: a an order awarding as compensation a lump sum whether by way of redemption of a halfmonthly payment or otherwise or disallowing a claim in full or in part for a lump sum 2aa an order awarding interest or penalty under section 4a b an order refusing to allow redemption of a halfmonthly payment c an order providing for the distribution of compensation among the dependants of a deceased 1employee, or disallowing any claim of a person alleging himself to be such dependant d an order allowing or disallowing any claim for the amount of an indemnity under the provisions of subsection 2 of section 12 or e an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause b, unless the amount in dispute in the appeal is not less than 3ten thousand rupees or such higher amount as the central government may, by notification in the official gazette, specify: provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the commissioner, or in which the order of the commissioner gives effect to an agreement come to by the parties: 4provided further that no appeal by an employer under clause a shall lie unless the memorandum of appeal is accompanied by a certificate by the commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. 2 the period of limitation for an appeal under this section shall be sixty days. 3 the provisions of section 5 of 5the indian limitation act, 36 of shall be applicable to appeals under this section. 1. subs. by act 45 of , s. 5, for workman w.e.f. . 2. ins. by act 8 of , s. 15 w.e.f. . 3. subs. by act 11 of , s. 4, for three hundred rupees w.e.f.. 4. ins. by act 15 of , s. 17. 5. subs. by act 30 of , s. 13, for certain words w.e.f..

section 30a.. of the employees compensation act : withholding of certain payments pending decision of appeal.omitted by the employees compensation amendment act , s. 5 w.e.f. .

section 31. of the employees compensation act : the commissioner may recover is an arrear of landrevenue any amount payable by any person under this act, whether under an agreement for the payment of compensation or otherwise, and the commissioner shall be deemed to be a public officer within the meaning of section 5 of the revenue recovery act, 1 of 1. . 1. in the application of the act to bengal, a new s. 31a has been ins. here by the bengal touts act, ben. 5 of , s. 12.

section 35. of the employees compensation act : 135. rules to give effect to arrangements with other countries for the transfer of money paid as compensation.21 the central government may by notification in the official gazette, make rules for the transfer 3 4to any foreign country of money 5deposited with a commissioner under this act 6which has been awarded to or may be due to, any person residing or about to reside in 7such foreign country and for the receipt 8distribution and administration in 9any state of any money 10deposited under the law relating to workmens compensation 11 12in any foreign country, 13which has been awarded to, or may be due to any person residing or about to reside in 9any state: 8provided that no sum deposited under this act in respect of fatal accidents shall be so transferred without the consent of the employer concerned until the commissioner receiving the sum has passed orders determining its distribution and apportionment under the provisions of subsection 4 and 5 of section 8. 2 where money deposited with a commissioner has been so transferred in accordance with the rules made under this section, the provisions elsewhere contained in this act regarding distribution by the commissioner of compensation deposited with him shall cease to apply in respect of any such money. 1. ins. by act 15 of , s. 20. 2. the original s. 35 renumbered as subsection 1 of that section by act 7 of , s. 2. 3. the words to any part b state or ins. by the a.o. , omitted by act 3 of , s. 3 and the schedule. 4. subs. by act 22 of , s. 5, for certain words w.e.f.. 5. subs. by act 7 of , s. 2, for paid to. 6. subs. by s. 2, ibid., for for the benefit of. 7. subs. by act 22 of , s. 5, for such part of country w.e.f.. 8. ins. by act 7 of , s. 2. 9. subs. by act 3 of , s. 3 and schedule, for a part a state or part c state. 10. subs. by act 7 of , s. 2, for awarded. 11. the words in any part b state or ins. by the a.o. , first five words were omitted by act 3 of , s. 3 and the schedule, and the word or was omitted by act 36 of , s. 3 and the second schedule. 12. subs. by act 22 of , s. 5, for certain words w.e.f.. 13. subs. by act 7 of , s. 2, for and applicable for the benefit of.

section 32. of the employees compensation act : 1 the 1state government may make rules2 to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a for prescribing the intervals at which and the conditions subject to which an application for review may be made under section 6 when not accompanied by a medical certificate b for prescribing the intervals at which and the conditions subject to, which a 3employee may be required to submit himself for medical examination under subsection 1 of section 11 c for prescribing the procedure to be followed by commissioners in the disposal of cases under this act and by the parties in such cases d for regulating the transfer of matters and cases from one commissioner to another and the transfer of money in such cases e for prescribing the manner in which money in the hands of a commissioner may be invested for the benefit of dependants of a deceased 3employee and for the transfer of money so invested from one commissioner to another f for the representation in proceedings before commissioners of parties who are minors or are unable to make an appearance4 g for prescribing the form and manner in which memoranda of agreements shall be presented and registered h for the withholding by commissioners, whether in whole or in part of halfmonthly payments pending decision on applications for review of the same 5 5 5i for regulating the scales of costs which may be allowed in proceedings under this act j for prescribing and determining the amount of the fees payable in respect of any proceedings before a commissioner under this act k for the maintenance by commissioners of registers and records of proceedings before them l for prescribing the classes of employers who shall maintain noticebooks under subsection 3 of section 10, and the form of such noticebooks m for prescribing the form of statement to be submitted by employers under section 10a 6 n for prescribing the cases in which the report referred to in section 10b may be sent to an authority other than the commissioner 7o for prescribing abstracts of this act and requiring the employers to display notices containing such abstracts p for prescribing the manner in which diseases specified as occupational diseases may be diagnosed q for prescribing the manner in which diseases may be certified for any of the purposes of this act r for prescribing the manner in which, and the standards by which, incapacity ,may be assessed. 83 every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by the a. o. , for g. g. in c, 2. for the workmens compensation rules, , see gazette of india, , pt. i, p 586. 3. subs. by act 45 of , s. 5, for workman w.e.f.. 4. in the application of the act of bengal, new clauses ff, ff1 and ff2 have been inserted here by ben, act 6 of , s. 5. 5. the word and at the end of clause h and the original clause i omitted, and the new clauses, i to n, which were the same as clauses, a to f of s. 33, ins. by the a. o. . 6. the word and omitted by act 58 of , s. 3 and the second schedule. 7. ins. by act 8 of , s. 16 w.e.f.. 8. ins. by act 4 of , s. 2 and schedule w.e.f..

section 36. of the employees compensation act : 136. rules made by central government to be laid before parliament.every rule made under this act by the central government shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 2two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 64 of , s. 8 w.e.f.. 2. subs. by act 65 of , s. 3, for certain words w.e.f..

section 33.. of the employees compensation act : power of local government to make rules. rep. by the a.o. .

section 4. of the calcutta high court extension of jurisdiction act : subject to the provisions of any law for the time being in force, the high court at calcutta may make rules to carry out the purposes of this act and for the purpose of effectively exercising its jurisdiction in or in relation to chandernagore and the andaman and nicobar islands.

section 3. of the calcutta high court extension of jurisdiction act : any order made i by the highest court of appeal in relation to chandernagore before the 2nd day of may, , or in any proceeding pending before that court on that day or ii by the chief commissioner of the andaman and nicobar islands before the commencement of this act in the discharge of his functions as the high court for those islands, shall for all purposes have effect, not only as an order of that court, or as the case may be, of the chief commissioner, but also as if it were an order made by the high court at calcutta.

section 1. of the calcutta high court extension of jurisdiction act : this act may be called the calcutta high court extension of jurisdiction act, .

section 2. of the calcutta high court extension of jurisdiction act : the jurisdiction of the high court at calcutta shall extend to chandernagore and andaman and nicobar islands and shall, as from the 2nd day of may, , be deemed to have extended to chandernagore, and the said high court shall, for all purposes be deemed to be the high court for chandernagore and the andaman and nicobar islands.

section 5a. of the agricultural produce grading and marking act : 15a. penalty for selling migraded articles1 whoever sells any scheduled article which is migraded shall be punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees. 1. ins. by s. 7, ibid. w.e.f. .

section 1. of the agricultural produce grading and marking act : show related subordinates 1 this act may be called the agricultural produce grading and marking act, . 12 it extends to the whole of india 2. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 w.e.f. .

section 2. of the agricultural produce grading and marking act : in this act, unless the contrary appears from the subject or context, a agricultural produce includes all produce of agriculture or horticulture and all articles of food or drink wholly or partly manufactured from any such produce, and fleeces and the skins of animals b counterfeit has the meaning assigned to that word by section 28 of the indian penal code 45 of c covering includes any vessel, box, crate, wrapper, tray or other container d grade designation means a designation prescribed as indicative of the quality of any scheduled article e grade designation mark means a mark prescribed as representing a particular grade designation f quality, in relation to any article, includes the state and condition of the article g prescribed means prescribed by rules made under this act h scheduled article means an article included in the schedule 1 i an article is said to be marked with a grade designation mark, if the article itself is marked with a grade designation mark or any covering containing or label attached to such article is so marked 2j an article is said to be migraded if, i the article is not of the quality prescribed for the grade designation with which it is marked ii the composition of the article offered for grading is altered in any way after a sample has been drawn for analysis and determination of the grade designation of the article in accordance with the rules made under this act iii the article is tampered with in any manner and iv any false claim is made for the quality prescribed for its grade designation, upon the label or through advertisement or in any other manner. 1. the word and omitted by act 76 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 5. of the agricultural produce grading and marking act : whoever counterfeits any grade designation mark or has in his possession any die, plate or other instrument for the purpose of counterfeiting a grade designation mark shall be punishable 1with imprisonment for a term not exceeding exceeding three years and fine not exceeding five thousand rupees. 1 subs. by s. 6, ibid., for with imprisonment which may extend to two years, or with fine, or with both w.e.f. .

section 3. of the agricultural produce grading and marking act : show related subordinates 11 the central government may, after previous publication by notification in the official gazette, 2make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a fixing grade designations to indicate the quality of any scheduled article b defining the quality indicated by every grade designation c specifying grade designation marks to represent particular grade designations d authorising a person or a body of persons, subject to any prescribed conditions, to mark with a grade designation mark any article in respect of which such mark has been prescribed or any covering containing or label attached to any such article e specifying the conditions referred to in clause d including in respect of any article conditions as to the manner of marking, the manner in which the article shall be packed, the type of covering to be used, and the quantity by weight, number or otherwise to be included in each covering f providing for the payment of any expenses incurred in connection with the manufacture or use of any implement necessary for the reproduction of a grade designation mark or with the manufacture or use of any covering or label marked with a grade designation mark 3or with measures for the control of the quality of articles marked with grade designation marks including testing of samples and inspection of such articles or with any publicity work carried out to promote the sale of any class of such articles 4 g providing for the confiscation and disposal of produce marked otherwise than in accordance with the prescribed conditions with a grade designation mark 5h any other matter which is required to be, or may be, prescribed. 6 73 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 3 renumbered as subsection 1 thereof by act 20 of , s. 2 and the schedule w.e.f. . 2. subs. by act 76 of , s. 3, for make rules w.e.f. . 3. ins. by act 20 of , s. 2 w.e.f. . 4. the word and omitted by act 76 of , s. 3 w.e.f. . 5. ins. by s. 3, ibid. w.e.f. . 6. ins. by act 20 of , s. 2 and the schedule w.e.f. . 7. subsection 2 renumbered as subsection 3 thereof by act 76 of , s. 3 w.e.f. .

section 5b. of the agricultural produce grading and marking act : 15b. power to prescribe compulsory grade designations in respect of certain articles.1 where the central government is of opinion that it is necessary in the public interest or for the protection of consumers that any scheduled article or class of articles shall not be sold or distributed except after such article or class of articles is marked with the grade designation mark, it may, by notification in the official gazette, make a declaration to that effect. 2 any notification issued under subsection 1 shall specify the area or areas in relation to which the notification shall have effect. 3 where a notification under subsection 1 is issued in respect of any area or areas, no person shall sell or offer to sell or distribute or offer to distribute any scheduled article or class thereof in the area or areas except in accordance with the provisions of this act or the rules made thereunder. 4 whoever contravenes the provisions of this section shall be punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees. 1. ins. by s. 7, ibid. w.e.f. .

section 3a. of the agricultural produce grading and marking act : 1 3a. powers of entry, inspection and search.1 any officer of the central government or a state government or any authority, being an officer of a gazette drank or of equivalent rank, authorised by the central government may, if he has reason to believe that any provision of this act or the rules made thereunder has been, or is being, contravened, enter any premises at any reasonable time and make necessary inspection of, and search for, the agricultural produce in relation to which such contravention has been, or is being, made. 2 every authorisation made under subsection 1 shall be deemed to be a warrant referred to in section 93 of the code of criminal procedure, 2 of . 1. ins. by act 76 of , s. 4 w.e.f. .

section 3b. of the agricultural produce grading and marking act : 13b. powers of the authorised officer to seize agricultural produce.1 an officer authorised under subsection 1 of section 3a may seize and detain any agricultural produce in relation to which an offence under this act or the rules made thereunder is being, or appears to have been, committed, or which is intended or likely to be used in the commission of such offence: provided that where any agricultural produce seized under this subsection is subject to speedy or natural decay, the officer so authorised may dispose of such produce in such manner as may be prescribed. 2 the provisions of section 102 of the code of criminal procedure, 2 of shall apply to every seizure made under this section. 1. ins. by act 76 of , s. 4 w.e.f. .

section 5c. of the agricultural produce grading and marking act : 15c. institution of prosecution.no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made by a the central government or the state government or any officer authorised by it in writing or b the person aggrieved or c a recognised consumer association, whether the person aggrieved is a member of that association or not. explanation.for the purposes of this section, recognised consumer association means a voluntary consumer association registered under the companies act, 1 of or any other law for the time being in force. 1. ins. by s. 7, ibid. w.e.f. .

section 6. of the agricultural produce grading and marking act : the central government, after such consultation as it thinks fit of the interests likely to be affected, may by notification in the official gazette declare that the provisions of this act shall apply to an article of agricultural produce not included in the schedule 1or to an article other than an article of agricultural produce and on the publication of such notification such article shall be deemed to be included in the schedule. 1. ins. by act 13 of , s. 3 w.e.f. .

section 4. of the agricultural produce grading and marking act : whoever marks any scheduled article with a grade designation mark, not being authorised to do so by rule made under section 3, shall be punishable 1with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees. 1. subs. by s. 5, ibid., for with fine which may extend to five hundred rupees w.e.f. .

section 8. of the new delhi municipal council act : 1 if a member resigns his seat by writing under his hand addressed to the chairperson and delivered to him, his seat shall thereupon become vacant. 2 if during three successive months, a member is without permission of the council, absent from all the meetings thereof, the council may recommend to the central government that the seat of such member may be declared vacant.

section 1. of the new delhi municipal council act : 1 this act may be called the new delhi municipal council act, . 2 it extends to new delhi. 3 it shall be deemed to have come into force on the 25th day of may, .

section 2. of the new delhi municipal council act : in this act, unless the context otherwise requires, 1 administrator means the administrator of the national capital territory of delhi 2 appellate tribunal means an appellate tribunal constituted under section 253 3 budgetgrant means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the council and includes any sum by which such budgetgrant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this act and the regulations made thereunder 4 building means a house, outhouse, stable, latrine, urinal, shed, hut, wall other than a boundary wall or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter 5 byelaw means a byelaw made under this act, by notification in the official gazette 6 casual vacancy means a vacancy occurring otherwise than by efflux of time in the office of a member of the council 7 chairperson means the chairperson of the council 8 corporation means the municipal corporation of delhi established under the delhi municipal corporation act, 66 of 9 council means the new delhi municipal council established under this act 10 dangerous disease means a cholera, plague, chickenpox, smallpox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diptheria and b any other epidemic, endemic or infectious disease which the chairperson may, by notification in the official gazette, declare to be a dangerous disease for the purposes of this act 11 delhi means the entire area of the national capital territory of delhi except new delhi and delhi cantonment as defined in clause 11 of section 2 of the delhi municipal corporation act, 66 of 12 drain includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or subsoil water 13 entertainment includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment 14 factory means a factory as defined in the factories act, 63 of 15 filth includes offensive matter and sewage 16 goods includes animals 17 government means the government of the national capital territory of delhi 18 housegully means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom 19 hut means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the council may declare to be a hut for the purposes of this act 20 inhabitant, in relation to the municipal area of new delhi includes any person ordinarily residing or carrying on business or owning or occupying immovable property therein and in case of a dispute, means any person or persons declared by the chairperson to be an inhabitant 21 land includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street 22 licensed engineer and licensed plumber mean respectively a person licensed under the provisions of this act as an engineer and a plumber 23 market includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human consumption or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person 24 member, in relation to the council, means a member of the council and includes the chairperson 25 municipal market means a market vested in or managed by the council 26 municipal water works means water works vested in the council 27 new delhi means the area within the boundaries described in the first schedule 28 nuisance includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property 29 occupier includes a any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable b an owner in occupation of or otherwise using his land or building c a rentfree tenant of any land or building d a licensee in occupation of any land or building and e any person who is liable to pay to the owner damages for the use and occupation of any land or building 30 offensive matter includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage 31 official gazette means the official gazette of the national capital territory of delhi 32 owner includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes a the custodian of evacuee property in respect of evacuee property vested in him under the administration of evacuee property act, 31 of and b the estate officer to the government of india, the secretary of the delhi development authority, constituted under the delhi development act, 61 of , the general manager of a railway and the head of a government department, in respect of properties under their respective control 33 premises means any land or building or part of a building and includes a the garden, ground and outhouses, if any, appertaining to a building or part of a building and b any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof 34 prescribed means prescribed by rules made under this act 35 private market means a market which is not a municipal market 36 private street means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners 37 public place means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not 38 public securities means any securities of the central government or a state government or any securities guaranteed by the central government or a state government or any securities issued under this act or any debentures issued by the bombay, calcutta, delhi or madras municipal corporation 39 public street means any street which vests in the council as a public street or the soil below the surface of which vests in the council or which under the provisions of this act becomes, or is declared to be, a public street 40 railway administration has the meaning assigned to it in the railways act, 24 of 41 rate payer means a person liable to pay any rate, tax, cess or licence fee under this act 42 rateable value means the value of any land or building fixed in accordance with the provisions of this act and the byelaws made thereunder for the purpose of assessment to property taxes 43 regulation means a regulation made by the council under this act by notification in the official gazette 44 reside, a a person shall be deemed to reside in any dwellinghouse which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and b a person shall not be deemed to cease to reside in any such dwellinghouse merely because he is absent from it or has elsewhere another dwellinghouse in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it 45 rubbish includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth 46 rule means a rule made by the central government under this act by notification in the official gazette 47 scheduled castes means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be scheduled castes under article 341 of the constitution 48 service passage or lane or byelane means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or electricity cable underground or overhead and any electrical and other allied installations or any other civic services by municipal employees or other person employed in the service thereof 49 sewage means nightsoil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bathrooms, stables, cattle sheds and other like places and includes trade effluents and discharges from factories of all kinds 50 shed means a slight or temporary structure for shade or shelter 51 street includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway 52 trade effluent means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage 53 trade premises means any premises used or intended to be used for carrying on any trade or industry 54 trade refuse means the refuse of any trade or industry 55 vehicle includes a carriage, cart, van, dray, truck, handcart, bicycle, tricycle, cyclerickshaw, autorickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street 56 water course includes any river, stream or channel whether natural or artificial 57 water works includes all lakes, tanks, streams, any river, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, standpipes and conduits and all lands, buildings, machinery bridges and things, used for, or intended for the purpose of, supplying water 58 workshop means any premises including the precincts thereof other than a factory, wherein any industrial process is carried on 59 year means a year commencing on the 1st day of april.

section 7. of the new delhi municipal council act : 1 every member before taking his seat shall make and subscribe at a meeting of the council an oath or affirmation according to the following form, namely: i, a. b., having been nominated as a member of council do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will faithfully discharge the duty upon which i am about to enter. 2 if a person sits or votes as a member before he has complied with the requirements of subsection 1, he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this act.

section 9. of the new delhi municipal council act : 1 the council may constitute as many committees as it thinks fit for the exercise of any power or discharge of any function which the council may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the council may refer to them. 2 any such committee shall consist of members of the council only: provided that a committee may, with the sanction of the council, coopt not more than two persons who are not members of the council, but who in the opinion of the council possesses special qualifications for serving on such committee. 3 each committee constituted under this section shall be presided by the chairperson of the council. 4 any matter relating to a committee constituted under this section, not expressly provided in this act may be provided by regulations made in this behalf.

section 10. of the new delhi municipal council act : 1 subject to the provisions of this act and the rules, regulations and byelaws made thereunder the municipal government of new delhi shall vest in the council. 2 without prejudice to the generality of the provisions of subsection 1, it shall be the duty of the council to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit. 3 the council may at any time require the chairperson a to produce any record, correspondence, plan or other document which is in his possession or under his control as chairperson or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him b to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this act or the municipal government of new delhi c to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this act or the municipal government of new delhi. 4 every such requisition shall be complied with by the chairperson without any unreasonable delay and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the chairperson in pursuance of any such requisition: provided that the chairperson shall not be bound to comply with any such requisition if with the previous approval of the administrator he makes a statement that such compliance would be prejudicial to public interest or to the interests of the council.

section 3. of the new delhi municipal council act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be a council charged with the municipal government of new delhi, to be known as the new delhi municipal council. 2 the council shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by the said name sue and be sued.

section 4. of the new delhi municipal council act : 1 the council shall consist of the following members, namely: a a chairperson, from amongst the officers, of the central government or the government, of or above the rank of joint secretary to the government of india to be appointed by the central government in consultation with the chief minister of delhi b 1two members of legislative assembly of delhi representing constituencies which comprise wholly or partly the new delhi area c five members from amongst the officers of the central government or the government or their undertakings, to be nominated by the central government and d 2four members to be nominated by the central government in consultation with the chief minister of delhi to represent from amongst lawyers, doctors, chartered accountants, engineers, business and financial consultants, intellectuals, traders, labourers, social workers including social scientists, artists, media persons, sports persons and any other class of persons as may be specified by the central government in this behalf 3e the member of parliament, representing constituency which comprises wholly or partly the new delhi area. 4 53 out of the thirteen members referred to in subsection 1, there shall be, at least, a three members who are women b two members belonging to the scheduled castes, out of which one member shall be from the members nominated under clause d of subsection 1. 4 the central government shall nominate, in consultation with the chief minister of delhi, a vicechairperson from amongst the members specified in clauses b and d of subsection 1. 1. subs. by act 5 of , s. 2, for three members w.e.f. . 2. subs. by act 5 of , s. 2, for two members w.e.f. . 3. ins. by s. 2, ibid. w.e.f. . 4. subsection 2 omitted by s. 2, ibid. w.e.f. . 5. subs. by s. 2, ibid., for subsection 3 w.e.f. .

section 6. of the new delhi municipal council act : 1 no person, other than a member of the legislative assembly of the national capital territory of delhi, shall be disqualified for being nominated as a member of the council on the ground that he holds an office of profit for purposes of election to the legislature of the national capital territory of delhi under any law for the time being in force. 2 if a person sits or votes as a member of the council when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this act.

section 5. of the new delhi municipal council act : 1 the council, unless sooner dissolved under section 398 or any other law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. 2 the council, a where it is dissolved before the expiry of its duration under subsection 1, shall be reconstituted within a period of six months of such dissolution and b where it is dissolved after the expiry of its duration, shall be reconstituted before such expiry.

section 11. of the new delhi municipal council act : subject to the provisions of this act and any other law for the time being in force, it shall be incumbent on the council to make adequate provisions by any means or measures which it may lawfully use or take, for each of the following matters, namely: a the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences b the construction and maintenance of works and means for providing supply of water for public and private purposes c the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters d the construction or purchase, maintenance, extension, management for i supply and distribution of electricity to the public ii providing a sufficient supply of pure and wholesome water e the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances f the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose g the registration of births and deaths h public vaccination and inoculation i measures for preventing and checking the spread of dangerous diseases j the establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief k the construction and maintenance of municipal markets and regulation of all markets l the regulation and abatement of offensive or dangerous trade or practices m the securing or removal of dangerous buildings and places n the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like o the lighting, watering and cleansing of public streets and other public places p the removal of obstructions and projections in or upon streets, bridges and other public places q the naming and numbering of streets and premises r the establishment, maintenance of, and aid to, schools for primary educations subject to such grants as may be determined by the central government from time to time s the maintenance of municipal offices t the laying out or the maintenance of public parks, gardens or recreation grounds u the maintenance of monuments and memorials vested in any local authority in new delhi immediately before the commencement of this act or which may be vested in the council after such commencement v the maintenance and development of the value of all properties vested in or entrusted to the management of the council w the preparation of plans for economic development and social justice x the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of this act y sanction or refuse erection or reerection of buildings and z the fulfilment of any other obligation imposed by or under this act or any other law for the time being in force.

section 18. of the new delhi municipal council act : save as otherwise provided in this act the entire executive power for the purpose of carrying out the provisions of this act and of any other act, for the time being in force which confers, any power or imposes any duty on the council, shall vest in the chairperson who shall also a exercise all the powers and perform all the duties specifically conferred or imposed upon him by this act or by any other law for the time being in force b prescribe the duties of and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service c on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the council, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the council and the administrator of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budgetgrant and d subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees.

section 12. of the new delhi municipal council act : subject to any general or special order of the government, or the central government from time to time, the council may provide either wholly or in part for all or any of the following matters, namely: a the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of, and aid to, schools for primary education b the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections c the establishment and maintenance of, and aid to, stadia, gymnasia, akharas and places for sports and games d the planting and care of trees on roadsides and elsewhere e the surveys of buildings and lands f the registration of marriages g the taking of a census of population h the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants i the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas j the organisation and management of fairs and exhibitions k the acquisition of movable or immovable property for any of the purpose before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of building necessary for such purposes l the construction and maintenance of i resthouses, ii poorhouses, iii infirmaries, iv childrens homes, v houses for the deaf and dumb and for disabled and handicapped children, vi shelters for destitute and disabled persons, vii asylums for persons of unsound mind m the construction and maintenance of cattle pounds n the building or purchase and maintenance of dwellinghouses for municipal officers and other municipal employees o any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles p the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief q the provision for relief to destitute and disabled persons r the establishment and maintenance of veterinary hospitals s the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health t the organisation and management of farms and dairies within or without new delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of new delhi u the organisation and management of cottage industries, handicraft centres and sales emporia v the construction and maintenance of warehouses and godowns w the construction and maintenance of garrages, sheds and stands for vehicles and cattle biers x the provision for unfiltered water supply y the improvement of new delhi in accordance with improvement schemes approved by the council z any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare.

section 13., of the chairperson. of the new delhi municipal council act : 1 the central government shall, by notification in the official gazette, appoint a suitable person as the chairperson of the council in accordance with clause a of subsection 1 of section 4. 2 the chairperson so appointed shall hold office for a term of five years in the first instance: provided that his appointment may be renewed from time to time for a term not exceeding one year at a time: provided further that where the chairperson holds a lien on any service under the central government or the government, the central government may at any time after reasonable notice to the council replace his services at the disposal of the concerned government. 3 the central government may remove the chairperson from office at any time if it appears to that government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties, which renders his removal expedient. 4 the chairperson shall not undertake any work unconnected with his office without the sanction of the central government and of the council.

section 14. of the new delhi municipal council act : 1 leave may be granted to the chairperson by the administrator. 2 whenever such leave is granted to the chairperson, the central government shall appoint another person to officiate as chairperson in his place.

section 19., with the council. of the new delhi municipal council act : 1 a person shall be disqualified for being appointed as the chairperson who has directly or indirectly, by himself or by a partner or any other person, any share or interest in any contract made with, or any work being done for, the council other than as such chairperson. 2 if the chairperson acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in subsection 1, he shall, unless the central government in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this act: provided that before an order of removal is made the chairperson shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

section 16. of the new delhi municipal council act : 1 the chairperson shall be paid out of the new delhi municipal fund constituted under section 44 such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the central government and may be given such facilities, if any, in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that government: provided that the salary of the chairperson shall not be varied to his disadvantage after his appointment. 2 the members shall be entitled to receive allowances for attendance at meeting of council and of any of its committees at such rates as may be determined by rules made in this behalf.

section 15. of the new delhi municipal council act : if any vacancy occurs in the office of chairperson on account of death, resignation or removal, the central government shall appoint another person to officiate as chairperson in his place for a term not exceeding two months, pending the appointment of a chairperson under section 13.

section 17. of the new delhi municipal council act : if a member is an officer in the service of the government or the central government, the council shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the government or the central government to be paid by him or for him, as the case may be.

section 20. of the new delhi municipal council act : save as otherwise provided in this act, the exercise of any power or the performance of any duty conferred or imposed upon the council by or under this act which will involve expenditure, shall be subject to the following conditions, namely: a that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budgetgrant and b that if the exercise of such powers or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the council.

section 27. of the new delhi municipal council act : no member shall vote at a meeting of the council or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter other than a matter affecting generally the residents of new delhi which affect his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.

section 21. of the new delhi municipal council act : 1 the council shall ordinarily hold at least one meeting in every month for the transaction of business. 2 the chairperson and in his absence the vicechairperson may, whenever he thinks fit, and shall, upon a requisition in writing by not less than onefourth of the total number of members, convene a special meeting of the council. 3 any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.

section 22. of the new delhi municipal council act : the first meeting of the council shall be held as early as possible and shall be convened by the administrator.

section 23. of the new delhi municipal council act : a list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each member at least seventytwo hours before the time fixed for such meeting and no business shall, except where the chairperson otherwise directs, be brought before, or transacted at, in any meeting other than the business of which a notice has been so given: provided that any member may send of deliver to the secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least fortyeight hours before the date fixed for the meeting and the secretary shall, with all possible despatch, take steps to circulate such resolution to every member in such manner as he may think fit.

section 25. of the new delhi municipal council act : 11 the meetings of the council shall be presided over, in the following order, by, a the chief minister of delhi, if he is a member of the legislative assembly of delhi representing the constituency which comprises wholly or partly the new delhi area, and attends the meeting being a member of the council under clause b of subsection 1 of section 4 or b the union minister, if he is a member of parliament representing the constituency which comprises wholly or partly the new delhi area, and attends the meeting being a member of the council under clause e of subsection 1 of section 4 or c the minister in the government of national capital territory of delhi, if he is a member of the legislative assembly of delhi representing the constituency which comprises wholly or partly the new delhi area, and attends the meeting being a member of the council under clause b of subsection 1 of section 4 or d the member of parliament not being a minister for the union representing the constituency which comprises wholly or partly the new delhi area, and attends the meeting being a member of the council under clause e of subsection 1 of section 4 or e the chairperson of the council. 2 the chairperson or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes. 1. subs. by act 5 of , s. 3, for subsection 1 w.e.f. .

section 26. of the new delhi municipal council act : 1 save as otherwise provided in this act, all matters required to be decided by the council shall be decided by the majority of the votes of the members present and voting. 2 the voting shall be by show of hands, but the council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.

section 24. of the new delhi municipal council act : 1 the quorum necessary for the transaction of business at a meeting of the council shall be prescribed by the central government. 2 if at any time during a meeting of the council, there is no quorum, it shall be the duty of the chairperson or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum. 3 where a meeting has been adjourned under subsection 2, the business which would have been brought before the original meeting if there had been a quorum present there at, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not.

section 28., and right of members to ask questions in relation to the municipal government of new delhi. of the new delhi municipal council act : 1 any municipal officer authorised by the chairperson in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of the council or any of its committees, but none of the persons specified herein shall by virtue of this subsection be entitled to vote in any such meeting. 2 a member may, subject to the provisions of subsection 3, ask the chairperson questions on any matter relating to the municipal government of new delhi or the administration of this act in any meeting of the council. 3 the right to ask a question shall be governed by the following conditions, namely: a not less than seven clear days notice in writing specifying the question shall be given to the secretary b no question shall i bring in any name or statement not strictly necessary to make the question intelligible, ii contain argument, ironical expressions, imputations, epithets or defamatory statements, iii ask for an expression of opinion or the solution of a hypothetical proposition, iv ask as to the character or conduct of any person except in his official or public capacity, v relate to a matter which is not primarily the concern of the council, vi make or imply a charge of a personal character, vii raise questions of policy too large to be dealt with within the limits of an answer to a question, viii repeat in substance questions already answered or to which an answer has been refused, ix ask for information on trivial matters, x ordinarily ask for information on matters of past history, xi ask for information set forth in accessible documents or in ordinary works of reference, xii raise matters under the control of bodies or persons not primarily responsible to the council, xiii ask for any information on matter which is under adjudication by a court of law. 4 the chairperson shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the chairperson it cannot be answered without prejudice to public interest or the interest of the council. 5 the council may make regulations for the transaction of business at its meetings: provided that the time, place and procedure for the first meeting after the constitution of the council under section 4 shall be determined by the administrator.

section 33. of the new delhi municipal council act : the council shall appoint suitable persons to be the secretary and chief auditor of the council, and such other officer or officers as the council may deem fit on such monthly salaries and such allowances, if any, as may be fixed by the council: provided that the chief auditor shall not be eligible for any other office under the council after he has ceased to hold this office. 2 the appointment of the secretary and the chief auditor shall be made with the previous approval of the administrator.

section 29. of the new delhi municipal council act : minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the council, and every other committee constituted under subsection 1 of section 9 shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuring meeting of the council, or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof.

section 30. of the new delhi municipal council act : 1 minutes of the proceedings of each meeting of the council shall be circulated to all the members and shall at reasonable times be available at the municipal office for inspection by any other person on payment of a fee of two rupees. 2 full reports, if any, of such proceedings shall similarly be available for inspection, by any member without charge and by any other person on payment of a fee of two rupees.

section 31. of the new delhi municipal council act : 1 the secretary shall forward to the administrator a copy of the minutes of the proceedings of each meeting of the council, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 29. 2 the administrator may also in any case ask for a copy of any paper or all the papers which were laid before the council or any committee thereof and the secretary shall forward to the administrator a copy of such paper or papers. 3 the secretary shall also forward to the administrator as soon as may be after the date referred to in subsection 1 a full report of the proceedings of each meeting of the council, if any such report be prepared.

section 34. of the new delhi municipal council act : 1 the chairperson shall from time to time prepare and lay before the council a schedule of category a and category b posts other than the posts of secretary and chief auditor specified in section 33, setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the council indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. 2 the council shall approve and sanction the schedule either without modifications or with such modifications as it thinks fit or may amend it either on its own motion or otherwise. 3 the chairperson may create any category b, or category c, or category d post and for a period not exceeding six months any category a post: provided that no such category a post shall be beyond the said period without the previous approval of the council. 4 in this section and in section 36 i category a post means any post, which having regard to its scale of pay or emoluments, would, if such post had been in the central government, be classified as a group a post under the central government in accordance with the orders issued by that government from time to time ii category b post means any post which having regard to its scale of pay or emoluments, would, if such post had been in the central government, be classified as a group b post under the central government in accordance with the orders issued by that government from time to time iii category c posts means any post, which having regard to its scale of pay or emoluments would, if such post had been in the central government, be classified as a group c post under the central government, in accordance with the orders issued by that government from time to time iv category d posts means any post, other than a category a or category b or category c post.

section 32. of the new delhi municipal council act : 1 no act done or proceedings taken under this act shall be questioned on the ground merely of a the seat of any member remaining unfilled from any cause whatsoever b the existence of any vacancy in, or any defect in the constitution of, the council or in any committee thereof c any member having voted or taken part in any proceedings in contravention of section 27 d any defect or irregularity not affecting the merits of the case. 2 every meeting of the council or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.

section 35. of the new delhi municipal council act : no permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under subsection 1 of section 33 or his office and emoluments are included in the schedule for the time being in force prepared and sanctioned under section 34 or is appointed against a permanent post under section 36.

section 42. of the new delhi municipal council act : the direct recruitment to category b and category c posts may be made by the government through such agencies as may be prescribed for it.

section 36. of the new delhi municipal council act : 1 subject to the provisions of section 33, the power of appointing municipal officers and other municipal employees, whether temporary or permanent, a to category a, category b and category c posts, shall vest in the chairperson and b to category d posts shall vest in the secretary. 2 the claims of the members of the scheduled castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees.

section 37. of the new delhi municipal council act : no municipal officer or other municipal employee shall undertake any work unconnected with his duties under this act except with the permission of the chairperson.

section 38., with the council. of the new delhi municipal council act : 1 a person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the council other than as such officer or employee. 2 if any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in subsection 1, he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority: provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

section 41. of the new delhi municipal council act : 1 the commission may make regulations for the following matters, namely: a the procedure to be followed by the commission in advertising posts, inviting applications, scrutinising the same and selecting candidates for interview b the procedure to be followed by the commission for selecting candidates for appointment and by the council for consultation with the commission c any other matter which is incidental to, or necessary for, the purpose of consultation with the commission. 2 in the case of any difference of opinion between the commission and the council on any matter, the council shall refer the matter to the central government and the decision of that government thereon shall be final.

section 40. of the new delhi municipal council act : no appointment to any category a post within the meaning of clause i of subsection 4 of section 34 shall be made except after consultation with the commission: provided that no such consultation with the commission shall be necessary in regard to the selection for appointment a to any acting or temporary post for a period not exceeding one year or b to such ministerial posts as may from time to time be specified by the council in consultation with the commission when such posts are to be filled by promotion or c to a post when at the time of such appointment the person to be appointed thereto is in the service of the central government or a state government in a group a post d to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the commission advises that the appointment may be made without consulting the commission or e to such other posts, as may, from time to time, be specified by the central government in consultation with the commission.

section 46. of the new delhi municipal council act : 1 save as otherwise provided in this act no payment shall be made by the state bank of india out of the new delhi municipal fund except on a cheque signed by both a the financial adviser or an officer subordinate to him authorised by the chairperson in this behalf and b the chairperson or the secretary or an officer subordinate to the chairperson authorised by him in this behalf. 2 payment of any sum due by the council in excess of five hundred rupees shall be made by means of a cheque signed in accordance with subsection 1 and not in any other way. 3 payments not covered by subsection 2 may be made in cash.

section 39. of the new delhi municipal council act : 1 every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulation: provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed: provided further that the council may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein. 2 no such officer or other employee shall be punished under subsection 1 unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: provided that this subsection shall not apply a where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge or b where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason, to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause. 3 if any question arises whether it is not reasonably practicable to give any officer or other employee an opportunity of showing cause under subsection 2, the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final. 4 an officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations: provided that in the case of an officer or other employee appointed by the chairperson, an appeal shall lie to the administrator.

section 43. of the new delhi municipal council act : 1 the council may make regulations to provide for any one or more of the following matters, namely: a the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this chapter b the powers, duties and functions of secretary c the qualifications of candidates for appointment to posts specified in section 33 and to posts dealt with in the schedule of posts referred to in subsection 1 of section 34 and the manner of selection for appointments to such posts d the procedure to be followed in imposing any penalty under subsection 1 of section 39, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered the officer or authority to whom an appeal shall lie under subsection 4 of that section e any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the council and any other matter for which in the opinion of the council provisions should be made by regulations. 2 no regulation under clause c of subsection 1 shall be made except after consultation with the commission.

section 47. of the new delhi municipal council act : no payment of any sum out of the new delhi municipal fund shall be made unless the expenditure of the same is covered by a current budgetgrant and a sufficient balance of such budgetgrant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this act: provided that this section shall not apply to payments made in the following classes of cases, namely: a refund of taxes and other moneys which are authorised under this act b repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the new delhi municipal fund by mistake c sums payable in any of the following circumstances i under orders of the central government on failure of the council to take any action as required by that government or ii under any other enactment for the time being in force or iii under the decree or order of a civil or criminal court passed against the council or iv under a compromise of any claim, suit or other legal proceedings or v on account of cost incurred in taking immediate action by the chairperson under clause c of section 18 to avert a sudden threat of danger to the property of the council or to human life d temporary payments for works urgently required by the central government in the public interest e sums payable as compensation under this act or under any rules, regulations or byelaws made thereunder f expenses incurred under section 287 by the chairperson on special measures taken on the outbreak of dangerous diseases.

section 44. of the new delhi municipal council act : 1 save as otherwise provided in this act a all funds which immediately before the establishment of the council vested in the new delhi municipal committee b all moneys received by or on behalf of the council under the provisions of this act or of any other law for the time being in force, or under any contract c all proceeds of the disposal of property by, or on behalf of, the council d all rents accruing from any property of the council e all moneys raised by any tax, rate or cess levied for the purposes of this act f all fees collected and all fines levied under this act or under any rule, regulation or byelaw made thereunder g all moneys received by or on behalf of the council from the government or central government or any individual or association of individuals by way of grant or gift or deposit h all interests and profits arising from any investment of, or from any transaction in connection with, any money belonging to the council, including loans advanced under this act and i all moneys received by or on behalf of the council from any other source whatsoever, shall form one fund to be entitled the municipal fund of new delhi hereafter in this act referred to as the new delhi municipal fund. 2 the new delhi municipal fund shall be held by the council in trust for the purposes of this act subject to the provisions herein contained and a general account relating to all moneys received by or on behalf of the council shall be maintained.

section 45. of the new delhi municipal council act : all moneys payable to the credit of the new delhi municipal fund in the general account shall be received by the chairperson and shall be forthwith paid into the state bank of india to the credit of the said account which shall be entitled the general account of the new delhi municipal fund.

section 48. of the new delhi municipal council act : before any person signs a cheque in accordance with section 46, he shall satisfy himself that the sum for which the cheque is drawn is either a required for a purpose or work specifically sanctioned by the proper authority and covered by a current budgetgrant, or b required for any payment referred to or specified in section 47.

section 55. of the new delhi municipal council act : 1 the council shall, on or before the 31st day of march of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of the council to be received and incurred on account of the municipal government of new delhi. 2 on or before the 15th day of february of each year the council shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this act the rates so fixed shall not be subsequently altered for the year for which they have been fixed. 3 budget estimates shall be prepared in such form as may be approved by the council and presented and adopted in such manner and shall provide for all such matters as are prescribed by regulations made in this behalf.

section 49. of the new delhi municipal council act : whenever any sum is expended under clauses c, e or f of the proviso to section 47, the chairperson shall forthwith communicate the circumstances to the council, which may take such action under the provisions of this act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure.

section 56. of the new delhi municipal council act : 1 on the recommendation of the chairperson in respect of the budget estimate, the council may from time to time, during the year, i increase the amount of budgetgrant under any head ii make additional budgetgrant for the purpose of meeting any special or unforeseen requirement arising during the said year iii transfer the amount or portion of the amount of the budgetgrant under any head to any other head or iv reduce the amount of the budgetgrant under any head: provided that due regard shall be had to all the requirements of this act and in making any increase or any additional budgetgrant, the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the council may determine in respect of the budget estimate. 2 every increase in a budgetgrant and every additional budgetgrant made in any year under subsection 1 shall be deemed to be included in the budget estimates finally adopted for that year. 3 the council may from time to time during the year a reduce the amount of a budgetgrant or b sanction the transfer of any amount within a budgetgrant. 4 the chairperson may from time to time during the year sanction the transfer of any amount not exceeding ten thousand rupees within a minor head if such transfer does not involve a recurring liability: provided that every such transfer if it exceeds ten thousand rupees shall be reported forthwith by the chairperson to the council and the chairperson shall give effect to any order that may be passed by the council in relation thereto.

section 50. of the new delhi municipal council act : 1 the moneys from time to time credited to the new delhi municipal fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this act, and of the rules, regulations and byelaws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this act. 2 such moneys shall likewise be applied in payment of all sums payable out of the new delhi municipal fund under any other enactment for the time being in force.

section 51. of the new delhi municipal council act : 1 on the written requisition of a secretary to the central government, the chairperson may at any time undertake the execution of any work certified by such secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the new delhi municipal fund so far as the same can be met without unduly interfering with the regular work of the council. 2 the cost of work so executed and of the establishment engaged in executing the same shall be paid by the central government and credited to the new delhi municipal fund. 3 on the receipt of any requisition under subsection 1 the chairperson shall forthwith forward a copy thereof to the council together with a report of the steps taken by him in pursuance of the same.

section 53. of the new delhi municipal council act : 1 after the commencement of this act the finance commission referred to in subsection 1 of section 107a of the delhi municipal corporation act, 66 of , shall review the financial position of the council and make recommendations to the administrator as to, a the principles which should govern, i the distribution between the national capital territory of delhi and the council of the net proceeds of the taxes, duties, tolls and fees leviable by the national capital territory of delhi which may be divided between them ii the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by, the council iii the grantsinaid to the council from the consolidated fund of the national capital territory of delhi b the measures needed to improve the financial position of the council, c any other matter referred to the finance commission by the administrator in the interest of sound finance of the council. 2 the administrator shall cause every recommendation made by the commission under this section together within an explanatory memorandum as to the action taken thereon to be laid before the legislative assembly of the national capital territory of delhi.

section 52. of the new delhi municipal council act : 1 surplus money standing at the credit of general account of the new delhi municipal fund which cannot immediately be applied for the purposes specified in section 50 shall be deposited in the state bank of india or in such scheduled bank or banks as the council may select or be invested in public securities 2 the loss, if any, arising from such deposit or investment shall be debited to the general account of the new delhi municipal fund.

section 54. of the new delhi municipal council act : 1 the council shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this act as may be so prescribed. 2 the constitution and disposal of such funds shall be effected in the manner laid down by regulations.

section 58. of the new delhi municipal council act : these shall be kept in such manner and in such form as may be prescribed by regulations the general account of all receipts and expenditures of the council.

section 62. of the new delhi municipal council act : 1 save as otherwise provided in this act, the property tax shall be levied in respect of all lands and buildings in new delhi except a lands and buildings or portions of lands and buildings exclusively occupied and used for public worship or by a society or body for a charitable purpose: provided that such society or body is supported wholly or in part by voluntary contributions, applies its profits, if any, or other income in promoting its objects and does not pay any dividend or bonus to its members. explanation. charitable purpose includes relief of the poor, education and medical relief but does not include a purpose which relates exclusively to religious teaching b lands and buildings vested in the council, in respect of which the said tax, if levied, would under the provisions of this act be leviable primarily on the council c agricultural lands and buildings other than dwelling houses. 2 lands and buildings or portions thereof shall not be deemed to be exclusively occupied and used for public worship or for a charitable purpose within the meaning of clause a of subsection 1 if any trade or business is carried on in such lands and buildings or portions thereof or if in respect of such lands and buildings or portions thereof, any rent is derived. 3 where any portion of any land or building is exempt from the property tax by reason of its being exclusively occupied and used for public worship or for a charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation.

section 57. of the new delhi municipal council act : 1 if at any time during the year it appears to the council that, notwithstanding any reduction of budgetgrant that has been made under section 56 the income of the new delhi municipal fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to subsection 1 of section 56, then, it shall be incumbent on the council to sanction forthwith any measures which it may consider necessary for adjusting the years income to the expenditure. 2 for the purposes of subsection 1, the council may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this act, or have recourse to supplementary taxation under section 97 or to an increase of the rates of cesses, fees, fares and other charges leviable under this act, or to adopt all or any of these methods. 3 if the whole or any part of any budgetgrant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the chairperson may sanction the expenditure of such budgetgrant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budgetgrant was originally made and not for any other purpose or object.

section 60. of the new delhi municipal council act : 1 the council shall for the purposes of this act, levy the following taxes, namely: a property tax b a tax on vehicles and animals c a theatretax d a tax on advertisements other than advertisements published in the newspapers e a duty on the transfer of property and f a tax on buildings payable along with the application for sanction of the building plan. 2 in addition to the taxes specified in subsection 1 the council may, for the purposes of this act levy any of the following taxes, namely: a an education cess b a tax on professions, trades, callings and employments c a tax on the consumption, sale or supply of electricity d a betterment tax on the increase in urban land values caused by the execution of any development or improvement work e tolls. 3 the taxes specified in subsection 1 and subsection 2 shall be levied, assessed and collected in accordance with the provisions of this act and the byelaws made thereunder.

section 65. of the new delhi municipal council act : 1 notwithstanding anything contained in the foregoing provisions of this chapter, lands and buildings being properties of the union shall be exempt from the property tax specified in section 61: provided that nothing in this subsection shall prevent the council from levying property tax on such lands and buildings to which immediately before the 26th january, , they were liable or treated as liable, so long as that tax continues to be levied by the council on other lands and buildings. 2 where the possession of any land or building, being property of the union, has been delivered in pursuance of section 20 of the displaced persons compensation and rehabilitation act, 44 of to a displaced person, or any association of displaced persons, whether incorporated or not, or to any other person hereafter in this subsection and the proviso to subsection 1 of section 66 referred to as the transferee, the property tax specified in section 61 shall be leviable and shall be deemed to have been leviable in respect of such land or building with effect from the 7th day of april, or the date on which possession thereof has been delivered to the transferee, whichever is later, and such property tax shall, notwithstanding anything contained in any other provision of this act, be recoverable with effect from that day or date, as the case may be.

section 59. of the new delhi municipal council act : 1 the chief auditor shall conduct a monthly examination and audit of the accounts of the council and shall report thereon to the chairperson, who shall publish monthly an abstract of the receipts and expenditure of the month last proceeding signed by him and by the chief auditor. 2 the chairperson may also, from time to time and for such period, as he may think fit, conduct independently any examination and audit of the accounts of the council. 3 for the purpose of examination and audit of the accounts of the council, the chief auditor shall have access to all the accounts of the council and to all records and correspondence relating thereto. 4 the chief auditor shall audit the accounts of the council with the assistance of the officers and other employees subordinate to him. 5 in the discharge of his functions under this section the chief auditor shall, a audit the accounts of expenditure from the revenue of the council, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as have been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it b audit the accounts of debts, deposits, sinking funds, advances, suspense and remittance transactions of the council and report upon those accounts and upon the results of verification of the balance relating thereto. 6 the chief auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the council including the trading, manufacturing and profit and loss accounts, and the balancesheets where such accounts are maintained under the orders of the council and shall certify and report upon these accounts. 7 the chief auditor shall in consultation with the chairperson and subject to any directions given by the council determine the form and manner in which his reports on the accounts of the council shall be prepared and shall have authority to call upon any officer of the council to provide any information necessary for the preparation of these reports. 8 the chief auditor may make such queries and observations in relation to any of the accounts of the council which he is required to audit and call for such vouchers, statements, returns and explanation in relation to such accounts as he may think fit. 9 every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the chief auditor. 10 the power of the chief auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to expenditure from the revenues of the council shall be such as may be prescribed by the chairperson in consultation with chief auditor, and with the approval of the council. 11 if the chief auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate he may require that those accounts, together with all books and documents having relation thereto, shall at all convenient times be made available in the said offices for inspection. 12 the chief auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him: provided that if the documents are confidential, he shall be responsible for preventing disclosure of their contents. 13 the chief auditor shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly, in respect of the method and the extent of audit to be applied and the raising and pursuing the objections. 14 expenditure sanctioned by the chief auditor shall be audited by an officer to be nominated by the council. 15 the chief auditor shall report to the chairperson any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the council or in the accounts of the council. 16 the chairperson shall cause to be laid before the council every report made by the chief auditor to the chairperson and every statement of the views of the chief auditor on any matter affecting the exercise and performance of the powers and duties assigned to him under this act and the council may take such action in regard to any of the matters as aforesaid as the council may deem necessary. 17 as soon as may be after the commencement of each year, the chief auditor shall deliver to the council a report of the entire accounts of the council for the previous year. 18 the chairperson shall cause the said report to be printed and shall forward as soon as may be printed copy thereof to each member of the council. 19 the chairperson shall also forward without delay to the government so many copies of the said report, as may be required by the government with a brief statement of the action taken or proposed to be taken if any: provided that the government may at any time appoint auditor for the purpose of making a special audit of the general account of the new delhi municipal fund and reporting thereon to the government and the costs of such audit, as determined by the government, shall be chargeable to the new delhi municipal fund. the auditor so appointed may exercise any power which the chief auditor may exercise.

section 61. of the new delhi municipal council act : 1 save as otherwise provided in this act, the property tax shall be levied on lands and buildings in new delhi and shall consist of not less than ten and not more than thirty per cent. of the rateable value of lands and buildings: provided that the council may, when fixing the rate at which the property tax shall be levied during any year, determine that the rate leviable in respect of lands and buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding onehalf of the rate so fixed: provided further that the tax may be levied on graduated scale, if the council so determines. explanation.where any portion of a land or building is liable to a higher rate of the tax such portion shall be deemed to be a separate property for the purpose of municipal taxation. 2 the council may exempt from the tax lands and buildings of which the rateable value does not exceed one thousand rupees.

section 67. of the new delhi municipal council act : 1 if any land or building assessed to property tax is let, and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provision of section 66 the said tax is leviable, that person shall be entitled to receive from his tenant the difference between the amount of the property tax levied upon him and the amount which would be leviable upon him if the said tax was calculated on the amount of rent payable to him. 2 if the land or building is sublet and its rateable value exceeds the amount of rent payable in respect thereof to the tenant by his subtenant, or the amount of rent payable in respect thereof to a subtenant by the person holding under the subtenant, the tenant shall be entitled to receive from his subtenant or the subtenant shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from such tenant or subtenant and the amount of property tax which would be liable in respect of the said land or building if the rateable value thereof were equal to the difference between the amount of rent which such tenant or subtenant receives and the amount of rent which he pays. 3 any person entitled to receive any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same.

section 63. of the new delhi municipal council act : 1 the rateable value of any lands or building assessable to any property taxes shall be the annual rent at which such land or building might reasonably be expected to let from year to year less a sum equal to ten per cent. of the said annual rent which shall be in lieu of all allowances for cost of repairs and insurance, and other expenses, if any, necessary to maintain the land or building in a state to command that rent: provided that in respect of any land or building the standard rent of which has been fixed under the delhi rent control act, 59 of the rateable value thereof shall not exceed the annual amount of the standard rent so fixed. 2 the rateable value of any land which is not built upon but is capable of being built upon and of any land on which a building is in process of erection shall be fixed at five per cent. of estimated capital value of such land. 3 all plant and machinery contained or situate in or upon any land or building and belonging to any of the classes specified from time to time by public notice by the chairperson with the approval of the council, shall be deemed to form part of such land or building for the purpose of determining the rateable value thereof under subsection 1 but save as aforesaid no account shall be taken of the value of any plant or machinery contained or situated in or upon any such land or building.

section 64. of the new delhi municipal council act : 1 a charge shall be levied for the water supplied to any land or building by measurement at such rate as shall from time to time be prescribed by the council in this behalf. 2 the council may prescribe such conditions as it may think fit regarding the use of the water and regarding the charges to be paid for water consumed whilst a meter is out of order or under repair: provided that no condition prescribed under this subsection shall be inconsistent with this act or with any byelaw made thereunder. 3 any sum payable by a person, who is charged for water supplied, and not paid when it becomes due shall be recoverable as an arrear of tax under this act. 4 in prescribing charges for water supplied by measurement under subsection 1, it shall be lawful for the council to prescribe different rates in respect of different classes of lands and buildings.

section 66. of the new delhi municipal council act : 1 the property tax shall be primarily leviable as follows: a if the land or building is let, upon the lessor b if the land or building is sublet, upon the superior lessor c if the land or building is unlet, upon the person in whom the right to let the same vests: provided that the property tax in respect of land and building, being property of the union, possession of which has been delivered in pursuance of section 20 of the displaced persons compensation and rehabilitation act, 44 of shall be primarily leviable upon the transferee. 2 if any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the property tax assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant or a subtenant of such tenant. explanation.the term tenant includes any person deriving title to the land or the building erected upon such land from the tenant whether by operation of law or by transfer inter vivos. 3 the liability of the several owners of any buildings which is, or purports to be, severally owned in parts or flats or rooms, for payment of property tax or any instalment thereof payable during the period of such ownership shall be joint and several.

section 68. of the new delhi municipal council act : 1 on the failure to recover any sum due on account of property tax in respect of any land or building from the person primarily liable therefor under section 66, the chairperson shall recover from every occupier of such land or building by attachment, in accordance with section 108 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building. 2 an occupier from whom any sum is recovered under subsection 1 shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due from him to such person.

section 69. of the new delhi municipal council act : property tax due under this act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the council or government or central government thereon, be a first charge a in the case of any land or building held immediately from the council or government or central government, upon the interest in such land or building of the person liable for such tax and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person and b in the case of any other land or building, upon such land or building and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to the person liable for such tax. explanation.the term property tax in this section shall be deemed to include the costs on recovery of property tax and the penalty, if any, payable as specified in the byelaws.

section 71. of the new delhi municipal council act : subject to such alterations as may thereafter be made in the assessment list under section 72 and to the result of any appeal made under the provisions of this act, the entries in the assessment list authenticated and deposited as provided in section 70 shall be accepted as conclusive evidence for the purpose of assessing any tax levied under this act, of the rateable value of all lands and buildings to which such entries respectively relate.

section 72. of the new delhi municipal council act : 1 the chairperson may, at any time, amend the assessment list a by inserting therein the name of any person whose name ought to be inserted or b by inserting therein any land or building previously omitted or c by striking out the name of any person not liable for the payment of property tax or d by increasing or reducing for adequate reasons the amount of any rateable value and of the assessment thereupon or e by making or cancelling any entry exempting any land or building from liability to property tax or f by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident or g by inserting or altering an entry in respect of any building erected, reerected, altered or added to, after the preparation of the assessment list: provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the notice under subsection 2 is given. 2 before making any amendment under subsection 1 the chairperson shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objection which may be made by such person.

section 70. of the new delhi municipal council act : 1 save as otherwise provided in this act, the council shall cause an assessment list of all lands and buildings in new delhi to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by byelaws. 2 when the assessment list has been prepared the chairperson shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge. 3 the chairperson shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable values of lands and buildings entered in the assessment list and in all cases in which any land or building is for the first time assessed, or the rateable value of any land or building is increased, he shall also give written notice thereof to the owner or to any lessee or occupier of the land or building. 4 any objection to a rateable value or any other matter as entered in the assessment list shall be made in writing to the chairperson before the date fixed in the notice and shall state in what respect the rateable value, or other matter is disputed, and all objections so made shall be recorded in a register to be kept for the purpose. 5 the objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent, by the chairperson or by any officer of the council authorised in this behalf by the chairperson. 6 when all objections have been disposed of, and the revision of the rateable value has been completed, the assessment list shall be authenticated by signature of the chairperson or, as the case may be, the officer authorised by him in this behalf, who shall certify that except in the case, if any in which amendments have been made as shown therein, no valid objection has been made to the rateable value or any other matter entered in said list. 7 the assessment list so authenticated shall be deposited in the office of the council and shall be open, free of charge during office hours to all owners, lessees and occupiers of lands and buildings comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

section 76. of the new delhi municipal council act : 1 when any building or any portion of a building, which is liable to the payment of property tax is demolished or removed, otherwise than by order of the chairperson, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the chairperson. 2 until such notice is given, the person aforesaid shall continue to be liable to the payment of such property tax as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.

section 73. of the new delhi municipal council act : it shall be in the discretion of the chairperson to prepare for the whole or any part of new delhi, a new assessment list every year or to adopt the rateable value contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable value for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable value as if a new assessment list had been prepared.

section 74. of the new delhi municipal council act : 1 whenever the title of any person primarily liable for the payment of property tax on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the chairperson. 2 in the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the chairperson within six months from the date of the death of the deceased. 3 the notice to be given under this section shall be in such form as may be determined by byelaws made under this act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the chairperson any document evidencing the transfer or devolution. 4 every person who makes a transfer as aforesaid without giving such notice to the chairperson shall, in addition to any penalty to which he may be subjected under the provisions of this act, continue to be liable for the payment of property tax from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the chairpersons book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax. 5 the chairperson shall record every transfer or devolution of title notified to him under this section in his books and in the assessment list. 6 on a written request by the chairperson, the registrar or subregistrar of new delhi appointed under the registration act, 16 of , shall furnish such particulars regarding the registration of instruments of transfer of immovable properties in new delhi, as the chairperson may from time to time require. 7 such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected or, if the chairperson so requests, by periodical returns at such intervals as the chairperson may fix.

section 75. of the new delhi municipal council act : when any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property tax assessed on the building shall give notice thereof in writing to the chairperson within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or reoccupation and property tax shall be assessable on the building from the said date.

section 84. of the new delhi municipal council act : the tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by byelaws made in this behalf.

section 77. of the new delhi municipal council act : 1 to enable him to determine the rateable value of any land or building and the person primarily liable for the payment of property tax leviable in respect thereof, the chairperson may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the chairperson fixes in this behalf, with information or with a written return signed by such owner or occupier a as to the name and place of residence of the owner or occupier, or of both the owner and occupier of such land or buildings b as to the measurements or dimensions of such land or building or of any portion thereof and the rent, if any, obtained for such land or building or any portion thereof and c as to the actual cost or other specified details connected with the determination of the value of such land or building. 2 every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief. 3 whoever omits to comply with any such requisition or fails to give true information or to make a true return to the best of his knowledge or belief, shall, in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the chairperson in respect of such land or building of which he is the owner or occupier.

section 78. of the new delhi municipal council act : notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the chairperson shall for the purpose of assessing such land or building to property tax treat the whole of it as one property: provided that the chairperson may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severalty, treat, subject to any byelaw made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to property tax accordingly.

section 80. of the new delhi municipal council act : the chairperson may in his discretion assess any outhouse appurtenant to a building, or any portion of a land or building separately from such building or as the case may be, from the rest of such land or building.

section 83. of the new delhi municipal council act : the tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable: provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person: provided further that the tax under this section shall not be levied in respect of a vehicles and animals belonging to the central government or to the government or to the council used or intended to be used solely for public purposes b vehicles intended exclusively for the conveyance free of charge, of the injured, the sick or the dead c childrens perambulators or tricycles d a cow or a shebuffalo kept for milking for domestic use if the cow or the shebuffalo is the only cow or shebuffalo kept by the owner or the person having possession or control thereof for such milking and is registered in accordance with byelaws made in this behalf, so, however, that i where more cows or, as the case may be, more shebuffaloes than one are kept by several such owners or persons constituting a family, the tax under this section shall be levied in respect of all such cows or all such shebuffaloes ii where a cow and also a shebuffalo are kept by the owner or the person having the possession or control thereof or by several such owners or persons constituting a family, the tax under this section shall be levied in respect of the cow and the shebuffalo.

section 79. of the new delhi municipal council act : if any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the chairperson shall on such amalgamation assign to them one or more number and assess them to property tax accordingly: provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any revaluation of any of the said premises.

section 81. of the new delhi municipal council act : 1 the chairperson may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the chairperson, to enter on, survey and value any land or building which the chairperson may direct him to survey and value. 2 no person shall willfully delay or obstruct any such person in the exercise of any of his powers under this section.

section 82. of the new delhi municipal council act : save as otherwise provided in this act, a tax at the rates not exceeding those specified in the second schedule shall be levied on vehicles and animals of the descriptions specified in that schedule which are kept within new delhi.

section 85., for tax. of the new delhi municipal council act : the chairperson may with the approval of the council, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 82 which such livery stable keeper or other person would otherwise be liable to pay.

section 86. of the new delhi municipal council act : save as otherwise provided in this act, there shall be levied a tax referred to in this act as theatretax in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the third schedule as the council may determine: provided that the theatretax shall not be levied in respect of any performance or show if the chairperson is satisfied a that the entire receipts from such performance or show will be devoted to philanthropic, religious or charitable purposes or b that the performance or show is of a wholly educational character or c that the performance or show is provided for partly educational or partly scientific purposes by a society not conducted or established for profit.

section 87. of the new delhi municipal council act : every proprietor, manager, or personincharge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatretax and shall pay the same in advance before the commencement of the performances or shows: provided that the chairperson may, with the approval of the council, compound for any series of performances or shows or for any period not exceeding one month, with such proprietor, manager or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.

section 88. of the new delhi municipal council act : 1 every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place including any advertisement exhibited by means of cinematographs, shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates not exceeding those specified in the fourth schedule as the council may determine: provided that no tax shall be levied under this section on any advertisement which a relates to a public meeting, or to an election to parliament or the legislative assembly of delhi or b is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried on in that building or c relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same or d relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building or e relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration or f relates to any activity of the central government or the government or the council. 2 the tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by byelaw made in this behalf. explanation 1.the word structure in this section includes any movable board on wheels used as an advertisement or an advertisement medium. explanation 2.the word advertisement in relation to a tax on advertisement under this act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction.

section 89. of the new delhi municipal council act : 1 no advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within new delhi without the written permission of the chairperson granted in accordance with byelaws made under this act. 2 the chairperson shall not grant such permission if a the advertisement contravenes any byelaw made under this act or b the tax, if any, due in respect of the advertisement has not been paid. 3 subject to the provisions of subsection 2, in the case of an advertisement liable to the advertisement tax, the chairperson shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

section 90. of the new delhi municipal council act : the permission granted under section 89 shall become void in the following cases, namely: a if the advertisement contravenes any byelaw made under this act b if any material change is made in the advertisement or any part thereof without the previous permission of the chairperson c if the advertisement or any part thereof falls otherwise than through accident d if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof and e if the building, wall, hoarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

section 91. of the new delhi municipal council act : any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this act or any byelaws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

section 92. of the new delhi municipal council act : if any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 89, the chairperson may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.

section 93. of the new delhi municipal council act : 1 save as otherwise provided in this act, the council shall levy a duty on transfer of immovable property situated within the limits of new delhi in accordance with the provisions hereafter in this section contained. 2 the said duty shall be levied a in the form of a surcharge on the duty imposed by the stamp act, 2 of , as in force for the time being in the national capital territory of delhi, on every instrument of the description specified below, and b at such rate as may be determined by the council not exceeding five per cent. on the amount specified below against such instruments: description of instrument amount on which duty should be levied i sale of immovable property. the amount of value of the consideration for the sale, as set forth in the instrument. description of instrument amount on which duty should be levied ii exchange of immovable property. the value of the property of the greater value, as set forth in the instrument. iii gift of immovable property. the value of the property as set forth in the instrument. iv mortgage with possession of immovable property. the amount secured by the mortgage as set forth in the instrument. v lease in perpetuity of immovable property. the amount equal to one sixth of the whole amount or value of the rent which would be paid or delivered in respect of the first fifty years of the lease as set forth in the instrument.

section 94. of the new delhi municipal council act : on the introduction of the duty on transfers of property a section 27 of the stamp act, 2 of , as in force in the national capital territory of delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without new delhi b section 64 of the said act shall be read as if it referred to the council as well as the government of national capital territory of delhi.

section 95. of the new delhi municipal council act : 1 save as otherwise provided in this act the council shall levy a tax on buildings at such rates not exceeding those specified in the fifth schedule as the council shall determine. 2 the tax shall be leviable on every person who makes an application to the chairperson for the sanction of building plan and shall be payable along with the same.

section 96. of the new delhi municipal council act : 1 the council may, at a meeting, pass a resolution for the levy of any of the taxes specified in subsection 2 of section 60, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or descriptions of articles and properties to be taxed, the system of assessment to be adopted and the exemptions, if any, to be granted. 2 any resolution passed under subsection 1 shall be submitted to the central government for its sanction, and if sanctioned by that government, shall come into force on and from such date as may be specified in the order of sanction. 3 after a resolution has come into force under subsection 2, the council may, subject to the maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable and the tax shall come into force on the first day of the quarter of the year next following the date on which such second resolution is passed. 4 after a tax has been levied in accordance with foregoing provisions of this section, the provisions of subsection 2 of section 55, shall apply in relation to such tax as they apply in relation to any tax imposed under subsection 1 of section 60.

section 100. of the new delhi municipal council act : 1 if the amount of the tax for which a bill has been presented under section 99 is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatretax or the tax on advertisements is not paid after it has become due, the chairperson may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in the sixth schedule. 2 for every notice of demand which the chairperson causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by byelaws made in this behalf, shall be payable by the said person and shall be included in the cost of recovery.

section 97. of the new delhi municipal council act : whenever the council decides to have recourse to supplementary taxation under subsection 2 of section 57 in any year, it shall do so by increasing from such date as the council may determine, the rates at which any tax leviable under this act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax.

section 99. of the new delhi municipal council act : 1 when any tax has become due, the chairperson shall cause to be presented to the person liable for the payment thereof, a bill for the amount due: provided that no such bill shall be necessary in the case of a a tax on vehicles and animals b a theatretax and c a tax on advertisements. 2 every such bill shall specify the particulars of the tax and the period for which the charge is made.

section 98. of the new delhi municipal council act : save as otherwise provided in this act, any tax levied under this act shall be payable on such dates, in such number of instalments and in such manner as may be determined by byelaws made in this behalf.

section 108. of the new delhi municipal council act : 1 for the purposes of recovering the amount of any property tax from any occupier under section 68, the chairperson shall cause to be served on such occupier a notice requiring him to pay to the council, any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section. 2 such notice shall operate as an attachment of the said rent unless the portion of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the council in pursuance of such notice: provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid. 3 if any occupier fails to pay to the council any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the council as an arrear of tax under this act.

section 101. of the new delhi municipal council act : 1 if the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 100 pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default. 2 when the person liable for the payment of any tax is deemed to be in default under subsection 1, such sum not exceeding twenty per cent. of the amount of the tax as may be determined by the chairperson, may be recovered from him by way of penalty, in addition to the amount of the tax and the notice fee, payable under subsection 2 of section 100. 3 the amount due as penalty under subsection 2 shall be recoverable as an arrear of tax under this act.

section 102. of the new delhi municipal council act : 1 if the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 101 may be recovered under a warrant, issued in the form set forth in the seventh schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter: provided that the chairperson shall not recover any sum the liability for which has been remitted on appeal under the provisions of this act. 2 every warrant issued under this section shall be signed by the chairperson.

section 107. of the new delhi municipal council act : 1 if the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as hereinbefore provided, the chairperson may, at any time after the tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the chairperson may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid. 2 the surplus, if any, remaining after the application of the saleproceeds under subsection 1 shall be disposed of in the manner laid down in subsections 6 and 7 of section 104.

section 103. of the new delhi municipal council act : 1 it shall be lawful for any officer or other employees of the council to whom a warrant issued under section 102 is addressed to distrain, wherever it may be found in any place in new delhi any movable property, or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely: a the following property shall not be distrained: i the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils ii tools of artisans iii books of account or iv when the defaulter is an agriculturist his implements of husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood b the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the chairperson, should not have been distrained, it shall forthwith be released. 2 the person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in the eighth schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

section 104. of the new delhi municipal council act : 1 when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the chairperson shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid. 2 if the warrant is not in the meantime suspended by the chairperson, or discharged, the property seized shall, after the expiry of the period named in the notice served under subsection 2 of section 103 be sold by public auction by order of the chairperson. 3 when a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid into the municipal office within fifteen days from the date of the attachment. 4 such order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the government, in the office of the collector. 5 any transfer of or charge on the property attached or any interest therein made without written permission of the chairperson shall be void as against all claims of the council enforceable under the attachment. 6 the surplus of the saleproceeds, if any, shall, immediately after the sale of the property, be credited to the new delhi municipal fund, and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representative and if the same is claimed by written application to the chairperson, within one year from the date of the notice, a refund thereof shall be made to such person or representative. 7 any surplus not claimed within one year as aforesaid shall be the property of the council. 8 for every distraint and attachment made in accordance with the foregoing provisions, a fee of such amount not exceeding two and a half per cent. of the amount of the tax due as shall in each case be fixed by the chairperson, shall be charged, and the said fee shall be included in the costs of recovery.

section 105. of the new delhi municipal council act : 1 if the chairperson has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from new delhi or delhi, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person. 2 if, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.

section 106. of the new delhi municipal council act : instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.

section 109., of buildings. of the new delhi municipal council act : if any building is wholly or partly demolished or destroyed or otherwise deprived of value, the chairperson may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.

section 110. of the new delhi municipal council act : 1 if any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the chairperson shall remit or refund, as the case may be, twothirds of such portion of the property tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent. 2 if any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the chairperson shall remit or refund, as the case may be, one half of such portion of the property tax assessed on the rateable value thereof, as may be, proportionate to the number of days during which the said land has remained vacant and unproductive of rent.

section 116. of the new delhi municipal council act : no appeal shall be heard or determined under section 115 unless a the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 70 exclusive of the time requisite for obtaining a copy of the relevant entries therein or, as the case may be, within thirty days of the date on which an amendment is finally made under section 72 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof b the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the council.

section 111. of the new delhi municipal council act : 1 for the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the chairperson, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement. 2 when any tenement, the rateable value of which has been thus separately recorded has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.

section 112. of the new delhi municipal council act : no remission or refund under section 110 or section 111 shall be made unless notice in writing of the fact that land, building or tenement has become vacant and unproductive of rent has been given to the chairperson, and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.

section 114. of the new delhi municipal council act : the owner of any land, building or tenement in respect of which a remission or refund of tax has been given under section 110 or section 111, shall give notice of the reoccupation of such land, building or tenement within fifteen days of such reoccupation.

section 115. of the new delhi municipal council act : 1 an appeal against the levy or assessment of any tax under this act shall lie to the court of the district judges of delhi. 2 if, before or on the hearing of an appeal under this section, any question of law or usage having the force of law or construction of a document arises, the court of district judge on his own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the question so arising, and refer the statement with his opinion on the question for the decision of the high court. 3 on a reference being made under subsection 2, the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the high court contained in order xlvi of the first schedule to the code of civil procedure, 5 of . 4 in every appeal, the costs shall be in the discretion of the court. 5 costs awarded under this section to the council shall be recoverable by the council as an arrear of tax due from the appellant. 6 if the council fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the court may order the chairperson to pay the amount to the appellant.

section 113. of the new delhi municipal council act : 1 for the purposes of sections 110 and 111 no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not. 2 the burden of proving the facts entitling any person to claim relief under sections 109, 110 or section 111, shall be upon him.

section 118. of the new delhi municipal council act : the order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final: provided that it shall be lawful for the court upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order.

section 117. of the new delhi municipal council act : notwithstanding anything contained in clause a of section 116, an appeal may be admitted after the expiration of the period prescribed therefor by that section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within the period.

section 124. of the new delhi municipal council act : the council may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this act, any class of persons or any class of property or goods.

section 121. of the new delhi municipal council act : 1 the chairperson may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable: provided that where the sum written off in favour of any person exceeds one thousand rupees, the previous sanction of the council shall be first obtained. 2 the chairperson shall report to the council every case in which any sum has been written off under subsection 1.

section 119. of the new delhi municipal council act : 1 the chairperson may, without giving any previous notice, enter upon and make an inspection of a any land or building for the purpose of determining the rateable value of such land or building b any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax under this act c any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the theatretax is payable or would be payable d any land, building or vehicle in or upon which any advertisement liable to tax under this act is exhibited or displayed. 2 the chairperson may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of such person and every person or servant of such person so summoned shall be bound to attend before the chairperson and to give information to the best of his knowledge and belief as to the said matters.

section 120. of the new delhi municipal council act : 1 the chairperson may with the previous sanction of council allow any person to compound for any tax. 2 every sum due by reason of the composition of a tax under subsection 1 shall be recovered as an arrear of tax under this act.

section 123. of the new delhi municipal council act : no assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this act and the byelaws made thereunder have in substance and effect been complied with and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.

section 122. of the new delhi municipal council act : 1 the chairperson may, by written notice, call upon any inhabitant of new delhi to furnish such information as may be necessary for the purpose of ascertaining a whether such inhabitant is liable to pay any tax imposed by the council under this act b at what amount he should be assessed or c the rateable value of the land or building which he occupies and the name and address of the owner or lessee thereof. 2 if any person when called upon under subsection 1 to furnish information neglects to furnish it within the period specified in this behalf by the chairperson or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this act, to be assessed at such amount on account of tax as the chairperson may deem proper, and the assessment so made shall, subject to the provisions of this act, be final.

section 125. of the new delhi municipal council act : the proceeds of the entertainment and betting taxes collected in new delhi under the provisions of the u. p. entertainment and betting tax act, u.p. act 18 of , as extended to the national capital territory of delhi which shall form part of the consolidated fund of the national capital territory of delhi reduced by the cost of collection as determined by the government shall, if the legislative assembly of the national capital territory of delhi by appropriation made by law in this behalf so provides, be paid to the council for the performance of its functions under this act.

section 127. of the new delhi municipal council act : the time for the repayment of any money borrowed under section 126 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of central government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.

section 126. of the new delhi municipal council act : 1 the council may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this act, any sums of money which may be required a for acquiring any land which it has power to acquire b for erecting any building which it has power to erect c for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years d to pay off any debt due to the central government or the government e to repay a loan previously raised under this act or any other act previously in force or f for any other purpose for which the council is, by virtue of this act or any other law for the time being in force, authorised to borrow: provided that i no loan shall be raised without the previous sanction of the central government or without previous publication of the application for sanction under the local authorities loans act, 9 of , and the rules made thereunder and ii the amount of loan, the rate of interest and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to the approval of the central government. 2 when any sum of money has been borrowed under subsection 1, no portion of any sum of money borrowed for any of the purposes referred to in clause c of subsection 1 shall be applied to the payment of salaries and allowances to any officers or other employees other than those exclusively employed in connection with the carrying out of that purpose.

section 128. of the new delhi municipal council act : all debentures issued under this chapter shall be in such form as the council may, with the previous sanction of the central government, determine and shall be transferable in such manner as shall be therein expressed and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.

section 130. of the new delhi municipal council act : when two or more persons are joint holders of any debenture or security issued under this act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the council by the other of such persons.

section 135. of the new delhi municipal council act : 1 all payments due from the council for interest on and repayment of loans shall be made in priority to all other payments due from the council. 2 if any money borrowed or deemed to have been borrowed by the council from central government or the government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the central government or the government may attach the new delhi municipal fund or any part thereof. 3 after such attachment no person except an officer appointed in this behalf by the central government shall in any way deal with the attached fund but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment has not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and cost due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to satisfaction of the debt due to the central government or the government.

section 129. of the new delhi municipal council act : when any debenture or security issued under this act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the indian contract act, 9 of , the debenture or security shall be payable to the survivor or survivors of such person: provided that nothing in this section shall affect any claim by legal representative of a deceased person against such survivor or survivors.

section 131. of the new delhi municipal council act : 1 the council shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued. 2 all money paid into the sinking funds shall, as soon as possible, be invested by the chairperson in public securities and every such investment shall be reported by the chairperson to the council within fifteen days. 3 all dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in subsection 2. 4 when any part of a sinking fund is invested in new delhi municipal debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in subsection 2. 5 any investment made under this section may, subject to the provision of subsection 2, be varied or transposed.

section 132. of the new delhi municipal council act : a sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose: provided that when any loan or part thereof has been consolidated under section 134, the chairperson shall transfer to the sinking fund of the consolidated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.

section 133. of the new delhi municipal council act : 1 the chairperson shall, at the end of every year, submit to the council a statement showing a the amount which has been invested during the year under section 131 b the date of the last investment made previous to the submission of the statement c the aggregate amount of the securities then in his hand and d the aggregate amount which has up to the date of the statement been applied under section 132, in or towards discharging loans. 2 every such statement shall be published in the official gazette.

section 134. of the new delhi municipal council act : 1 notwithstanding anything to the contrary contained in this chapter, the council may consolidate all or any of its loans and for that purpose may invite tenders for a new loan to be called the new delhi municipal council consolidated loan, 19 and invite holders of the municipal debentures to exchange their debentures for scrips of such loan. 2 the terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the central government. 3 the period for the exchanging of any such consolidated loan shall not, without the sanction of the central government, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repayable. 4 the council shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 131 having regard to the amount transferred to such sinking fund under section 132.

section 136. of the new delhi municipal council act : the council may make regulations to carry out the purposes of this chapter including, in particular, the issue of duplicates in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.

section 143. of the new delhi municipal council act : with respect to the making of contracts, the following provisions shall have effect, namely: a every such contract shall be made on behalf of the council by the chairperson b no such contract, for any purpose which in accordance with any provision of this act the chairperson may not carry out without the approval or sanction of the council shall be made by him until and unless such approval or sanction has been duly obtained c no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as the central government may from time to time, fix, shall be made by the chairperson unless the same is previously approved by the council and d every contract made by the chairperson involving an expenditure exceeding one lakh rupees but not exceeding ten lakh rupees or such higher amount as may be fixed under clause c shall be reported by him, within one month after the same has been made to the council.

section 138. of the new delhi municipal council act : whenever the council decides to acquire any immovable property for the purpose of this act, the chairperson shall acquire such property on behalf of the council by agreement on such terms and at such price as may be approved by the council.

section 139. of the new delhi municipal council act : whenever the chairperson is unable to acquire any immovable property under section 138 by agreement, the central government may at the request of the chairperson procure the acquisition thereof under the provisions of the land acquisition act, 1 of , and on payment by the council of the compensation awarded under that act and of the charges incurred by that government in connection with the proceedings, the land shall vest in the council.

section 137. of the new delhi municipal council act : the council shall, for the purpose of this act, have power to acquire and hold movable and immovable property, or any interest therein.

section 140. of the new delhi municipal council act : 1 with respect to the disposal of movable property belonging to council the chairperson may, in his discretion, dispose of by sale or otherwise, any movable property belonging to the council not exceeding in value in each instance one thousand rupees, or such higher amount as the council may prescribe, or let out on hire any movable property or grant a lease of any immovable property belonging to the council including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time. 2 in cases not covered by subsection 1, the chairperson may, with the sanction of the council, lease, sell, let out on hire or otherwise transfer any movable property belonging to the council.

section 141. of the new delhi municipal council act : 1 the chairperson may, with the sanction of the council, lease, sell, let out on hire or otherwise transfer any immovable property belonging to the council. 2 the consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition. 3 the sanction of council under section 140 or this section may be given either generally for any class of cases or specially for any particular case. 4 subject to any conditions or limitation that may be specified in any other provisions of this act the foregoing provisions of section 140 and this section shall apply to every disposal of property belonging to the council made under, or for any purpose of this act. 5 every case of disposal of property under subsection 1 of section 140 shall be reported by the chairperson without delay to the council.

section 142. of the new delhi municipal council act : subject to the provisions of sections 143 and 144 the council shall be competent to enter into and perform any contract necessary for the purposes of this act.

section 144. of the new delhi municipal council act : 1 the mode of executing contracts under this act shall be prescribed by byelaws made in this behalf. 2 no contract which is not made in accordance with the provisions of this act and the byelaws made thereunder shall be binding on the council.

section 145. of the new delhi municipal council act : in this chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely: 1 communication pipe means, a where the premises supplied with water abut on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock b in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also i where the communication pipe ends at a stopcock, that stopcock and ii any stopcock fitted on the communication pipe between the end thereof and the main 2 main means a pipe laid by the council for the purpose of giving a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connection with such a pipe 3 service pipe means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap 4 supply pipe means so much of any service pipe as is not a communication pipe 5 trunk main means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the purpose of giving or taking a supply of water in bulk 6 water fittings includes pipes other than mains, taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

section 151. of the new delhi municipal council act : water may be used for extinguishing fire.

section 146. of the new delhi municipal council act : 1 the council may a carry out a survey of the existing consumption of and demand for water supplies in new delhi and of the water resources in or likely to be made available in new delhi b prepare an estimate of the future water supply requirements of new delhi c carry out a survey of the existing quantity of sewage collection d formulate proposals as to i the existing or future water supply requirements of new delhi ii the existing or future sewage collection requirement in new delhi including proposals for the manner in which and the place or places at which sewage should be carried and collected. 2 if the council is of the opinion that the works and other properties for the time being vested in the council, are inadequate for the purpose of sufficient supply of water or for the purpose of efficient collection of sewage under this act it may take step in accordance with the provisions of this act for the construction of additional works, whether within new delhi or outside new delhi with the approval of the administrator and for the acquisition of additional properties for such works.

section 147. of the new delhi municipal council act : 1 it shall be the duty of the council to take steps from time to time a for ascertaining the sufficiency and wholesomeness of water supplies within new delhi and receiving bulk supplies of water from the authority prescribed by the central government b for providing a supply of wholesome water in pipes to every part of new delhi in which there are houses, for the domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the council to do anything which is not practicable at a reasonable cost or to provide such a supply to any part of new delhi where such a supply is already available at such point or points aforesaid c for providing as far as possible, a supply of wholesome water otherwise than in pipes to every part of new delhi in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part. 2 if any question arises under clause b of subsection 1 as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable houses to be connected to them at a reasonable cost, or under clause c thereof, as to whether a public supply can be provided at a reasonable cost, the council shall determine that question and thereupon it shall give effect to that determination. 3 without prejudice to the provisions of subsection 1, the chairperson shall, for the purpose of securing, so far as is reasonably practicable, that every house has available a sufficient supply of wholesome water for domestic purposes, exercise his powers under this act of requiring the owners of houses to provide a supply of water thereto. 4 the council shall secure that the water in any water works belonging to the council from which the water is supplied for domestic purpose is wholesome.

section 148. of the new delhi municipal council act : no person shall, without the written permission of the chairperson, use or allow to be used for other than domestic purposes water supplied for domestic purposes.

section 149. of the new delhi municipal council act : the supply of water for domestic purposes under this act shall not be deemed to include any supply a for animals or for washing vehicles where such animals or vehicles are kept for sale or hire b for any trade, manufacture or business c for fountains, swimming baths or any ornamental or mechanical purpose d for gardens or for purposes of irrigation e for making or for watering streets or f for building purposes.

section 150. of the new delhi municipal council act : 1 the chairperson may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this act and the byelaws made thereunder as may be laid down in this behalf by the council on receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed. 2 when a application under subsection 1 is received, the chairperson may subject to such charges and rates as may be fixed by the council, place or allow to be placed the necessary pipes and water fittings of such dimensions and character as may be prescribed by byelaws and may arrange for the supply of water through such pipes and fittings.

section 152. of the new delhi municipal council act : 1 if it appears to the chairperson that any premises in new delhi are without supply of wholesome water for domestic purposes or that the existing supply of water for domestic purposes available for the persons usually occupying or employed in such premises is inadequate or on any sanitary grounds objectionable, the chairperson may by notice in writing require the owner of the premises or the persons primarily liable for the payment of the property tax in respect of the same a to take a connection from the municipal water works adequate for the requirements of the persons occupying or employed in the premises, or to take such additional or enlarged connection or connections from the municipal water works and b to provide, supply pipes and water fittings, install and work a pump and do all such works and take all such measures as may, in the opinion of the chairperson be necessary for the above purposes. 2 the chairperson may in the notice issued under subsection 1 specify a the size, material and quality of the pipes and water fittings to be provided b the position of the pipes and water fittings to be provided c the means of access for the inspection of the pipes and water fittings d the type of pump that should be installed and the period or periods of the day for which it should be kept working e the period within which any or all the requisitions specified in the notice should be carried out.

section 153. of the new delhi municipal council act : it shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of new delhi to occupy it or cause or permit it to be occupied until he has obtained a certificate from the chairperson that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the chairperson to be adequate for the persons who may occupy, or be employed in, such premises for their domestic purposes.

section 154. of the new delhi municipal council act : 1 the chairperson with the approval of the council may provide gratuitous supply of wholesome water to the public within new delhi and may, for that purpose, erect public hydrants or other conveniences. 2 the chairperson may with like approval close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.

section 160. of the new delhi municipal council act : 1 the chairperson may require the provision of a separate service pipe for each of the premises supplied or to be supplied by him with water. 2 if, in the case of any premises already supplied with water but not having a separate service pipe, the chairperson gives notice to the owner of the premises requiring the provision of such a pipe, the owner shall, within three months, lay so much of the required pipe as will constitute a supply pipe and is not required to be laid in a street, and the chairperson, shall, within fourteen days after the owner has done so, lay so much of the required pipe as will constitute a communication pipe or a supply pipe to be laid in a street and make all necessary communications. 3 if an owner upon whom a notice has been served under subsection 2 fails to comply therewith the chairperson may himself execute the work which the owner was required to execute and recover the expenses reasonably incurred by him in executing the work as an arrear of tax under this act.

section 161. of the new delhi municipal council act : 1 on every service pipe laid after the commencement of this act the chairperson, shall, and on every service pipe laid before such commencement, chairperson may, fit a stopcock enclosed in a cover box or a pit of such size as may be reasonably necessary. 2 every stopcocks fitted on a service pipe after the commencement of this act shall be placed in such position as the chairperson deems most convenient: provided that a a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises and b a stopcock in a street shall be placed as near to the boundary thereof as is reasonably practicable.

section 156. of the new delhi municipal council act : 1 the chairperson may, in any street whether within or without the local limits of the council lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise. 2 where a service pipe has been lawfully laid in, over, or on the land not forming part of a street, the chairperson may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

section 162. of the new delhi municipal council act : 1 the chairperson may provide a watermeter and attach the same to the service pipe in premises connected with municipal water works. 2 the expense of providing and attaching a meter under subsection 1 shall be paid out of the new delhi municipal fund. 3 the use, rent to be paid for such use, maintenance and testing of meters shall be regulated by orders made by the council in this behalf.

section 155. of the new delhi municipal council act : 1 the chairperson may lay a main whether within or without the local limits of the council a in any street and b with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time, inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise: provided that where a consent required for the purpose of this subsection is withheld, the chairperson may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent. 2 where the chairperson, in exercise of the powers under this section, lays a main in, over or on any land not forming part of a street, or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reason of the inspection, laying, repair, alteration, renewal or removal of the main.

section 157. of the new delhi municipal council act : 1 the chairperson shall fix hydrants on water mains other than trunk mains at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant. 2 to denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant. 3 as soon as any such hydrant is completed, the chairperson shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary. 4 the chairperson may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business situated in or near a street in which a pipe is laid and not being a trunk main and being of sufficient dimensions to carry a hydrant, fix on the pipe and keep in good order and from time to time renew one or more fire hydrants, to be used only for extinguishing fires as near as conveniently may be to that factory, workshop, trade premises or place of business. 5 the chairperson shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment.

section 158. of the new delhi municipal council act : 1 the chairperson may permit the owner, lessee or occupier of any premises to connect the premises by means of supply pipes for conveying to the premises a supply of water for his domestic purposes from the municipal water works subject to the requirements specified in section 159 and the conditions, if any, laid down in the byelaws made in this behalf. 2 the owner of every premises connected with the municipal water works, shall, when so required by the chairperson, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost story of such premises.

section 159. of the new delhi municipal council act : 1 an owner, lessor or occupier of any premises, who desires to have a supply of water for his domestic purposes from the municipal water works, shall comply with the following requirements, namely: a he shall give to the chairperson fourteen days notice of his intention to lay the necessary supply pipe and b he shall lay the supply pipe at his own expense, having first obtained, as respects any land not forming part of a street, the consent of the owners or occupiers thereof: provided that where any part of the supply pipe is to be laid in a street, he shall not himself break open the street or lay that part of the pipe. 2 upon the receipt of such a notice as is referred to in subsection 1, the chairperson shall lay the necessary communication pipe and any part of the supply pipe which is to be laid in street shall connect the communication pipe with the supply pipe. 3 the expenses, reasonably incurred by the chairperson in executing the work which he is required or authorised by this section to execute, shall be repaid to him by the person to whom the notice was given and may be recovered from such person as an arrear of tax under this act: provided that if under the provisions of this section, the chairperson lays a main in lieu of a supply pipe, the additional cost incurred in laying the main instead of a supply pipe shall be borne by him. 4 notwithstanding anything contained in the foregoing provisions of this section, the chairperson may, within a reasonable time after the service of the notice upon him, require the person giving the notice either to pay to him, in advance the cost of the work, as estimated by the chairperson or any officer authorised by in this behalf or to give security for payment thereof to his satisfaction. 5 if any payment made to the chairperson under subsection 4 exceeds the expenses which the chairperson would be entitled to recover from the person giving the notice, the excess shall be repaid by him and if and so far as those expenses are not covered by the payment, the chairperson may recover the balance from such person as an arrear of tax under this act.

section 167. of the new delhi municipal council act : 1 if the chairperson is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the council, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, is or is likely to become so polluted as to be prejudicial to health, the chairperson may, after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom. 2 before making any order under this section, the chairperson may cause the water to be analysed at the cost of the council. 3 if the person to whom an order is made under this section fails to comply therewith, the chairperson may do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear of tax under this act.

section 163. of the new delhi municipal council act : whenever water is supplied under this chapter through a meter it shall be presumed that the quantity indicated by the meter has been consumed until the contrary is proved.

section 170. of the new delhi municipal council act : if any offence relating to water supply is committed under this act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of property tax and occupiers of the said premises shall be jointly and severally liable for such offence.

section 164. of the new delhi municipal council act : 1 no person shall wilfully or negligently cause or suffer any water fitting which he is liable to maintain, a to be or remain so out of order or so in need of repair, or b to be or remain so constructed or adapted or to be so used, that the water supplied to him by the council is or is likely to be wasted, misused or unduly consumed, or contaminated before use, or that foul air or any impure matter is likely to return into any pipe belonging to, or connected with, a pipe belonging to the council. 2 if any water fittings which any person is liable to maintain is in such a condition, or so constructed or adapted as aforesaid, the chairperson, without prejudice to his right to proceed against the person under any other provision of this act may require that person to carry out any necessary repairs or alterations and if he fails to do so within fortyeight hours, may himself carry out the work and recover from him the expenses reasonably incurred by him in so doing, as an arrear of tax.

section 165. of the new delhi municipal council act : the chairperson or any municipal officer authorised by the chairperson in writing may, between sunrise and sunset, enter any premises supplied with water by the council in order to examine if there be any waste or misuse of such water and the chairperson or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.

section 171., to vest in the council. of the new delhi municipal council act : 1 all public drains, all drains in, alongside or under any public street, and all sewage collection works, whether constructed out of the new delhi municipal fund or otherwise and all works, materials and things appertaining thereto, which are situated in new delhi shall vest in the council. 2 all public and other drains which are vested in the council are hereafter in this act referred to as municipal drains. 3 for the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage collection work so much of the subsoil appertaining thereto as may be necessary for the said purpose shall be deemed all so to vest in the council. 4 all drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the new delhi municipal fund in or upon premises not belonging to the council whether a before or after the commencement of this act, and b for the use of the owner or occupier of such premises or not, shall, unless the council has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the council.

section 166. of the new delhi municipal council act : the chairperson may test any water fitting used in connection with water supplied by the council.

section 168., not to be placed where water will be polluted. of the new delhi municipal council act : 1 no water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted and no well or tank and except with the consent of the chairperson, no cistern shall be constructed within six meters of a latrine, or cesspool. 2 no latrine, or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.

section 169. of the new delhi municipal council act : 1 the chairperson may, subject to the conditions laid down in this behalf in the byelaws, cut off or turn off water supply from any municipal water work to any premises or part thereof to which a private water supply is furnished by the council. 2 the expenses of cutting off or turning off water supply shall be paid by the owner or occupier of premises and shall be recoverable from the owner or occupier as an arrear of tax under this act.

section 172. of the new delhi municipal council act : 1 all municipal drains, all sewage collection and all works, materials and things appertaining thereto shall be under the control of the chairperson. 2 the chairperson shall maintain and keep in repair all municipal drains and sewage collection works and when authorised by the council, shall construct as many new drains and sewage collection works as may from time to time be necessary for effectual drainage and sewage collection.

section 173. of the new delhi municipal council act : 1 no person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain a any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents or b any chemical, refuse or waste steam, or any liquid of a temperature higher than fortyfive degrees centigrade, being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health or c any dangerous petroleum. 2 in this section, the expression dangerous petroleum has the same meaning as in the petroleum act, 30 of .

section 174. of the new delhi municipal council act : 1 subject to such conditions as may be prescribed by byelaws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within new delhi may apply to the chairperson to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain: provided that nothing in this subsection shall entitle any person a to discharge directly or indirectly into any municipal drain i any trade effluent from any trade premises except in accordance with byelaws made in this behalf or ii any liquid or other matter the discharge of which into municipal drains is prohibited by or under this act or any other law or b where separate municipal drains are provided for foul water and for surface water to discharge directly or indirectly i foul water into a drain provided for surface water or ii except with the permission of the chairperson, surface water into a drain provided for foul water or c to have his drains made to communicate directly with a stromwater overflow drain. 2 any person desirous of availing himself of the provisions of subsection 1 shall give to the chairperson notice of his proposals, and at any time within one month after receipt thereof, the chairperson may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection. 3 the chairperson may, if he thinks fit, construct such parts of the work necessary for having a private drain made to communicate with a municipal drain, as is in or under a public street and in such a case, the expenses incurred by the chairperson shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of tax under this act.

section 175. of the new delhi municipal council act : drainage and a municipal drain or some place approved by the chairperson for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty meters from any part of the said premises, he may, by written notice, require the owner of the said premises a to make a drain emptying into such municipal drain or place b to provide and set up all such appliances and fittings as may appear to the chairperson necessary for the purposes of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith c to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health d to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a close drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or is likely to be injurious to health e to provide and set up all such appliances and fittings as may appear to the chairperson to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by downtake pipes so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises f to carry out any work to improve or remodel an existing drain which is inadequate, insufficient or faulty. 2 where in any case not provided for in subsection 1 any premises are, in the opinion of the chairperson, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises a to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty meters from any part of the premises or b to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. 3 any requisition for the construction of any drain under subsection 2 may contain any of the details specified in subsection 1.

section 180. of the new delhi municipal council act : whenever it is provided in this chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the chairperson to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted subsoil water or both rain water and unpolluted subsoil water, each emptying into separate municipal drains or other suitable places.

section 176. of the new delhi municipal council act : 1 it shall not be lawful to erect or to reerect any premises in new delhi or to occupy any such premises unless a a drain be constructed of such size, materials and description, at such level and with such fall as shall appear to the chairperson to be necessary for the effectual drainage of such premises b there have been provided and set up on such premises such appliances and fittings as may appear to the chairperson to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. 2 the drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty meters from the premises but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that distance to be specified by the chairperson for the purpose.

section 177. of the new delhi municipal council act : 1 if it appears to the chairperson that any group or block of premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty meters of any part of that group or block of premises, the chairperson may cause that group or block of premises to be drained by a combined operation. 2 the expenses incurred in carrying out any work under subsection 1 in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the chairperson may determine and shall be recoverable from them as an arrear of tax under this act. 3 not less than fifteen days before any such work is commenced, the chairperson shall give to each such owner a written notice of the nature of the proposed work, and b an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him. 4 the chairperson may require the owners of such groups or block of premises to maintain the work executed under this section.

section 178. of the new delhi municipal council act : where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the chairperson, adapted to the general system of drainage in new delhi, he may, by written notice addressed to the owner of the premises, direct a that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done or b that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted subsoil water only: provided that i no drain may be closed, discontinued or destroyed by the chairperson under clause a except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any municipal drain which he thinks fit and ii the expenses of the construction of any drain so provided by the council and of any work done under clause a may be paid out of the new delhi municipal fund.

section 182. of the new delhi municipal council act : the chairperson may cause any or all of the municipal drains to empty into, and all sewage to be collected of at, such place or places as he considers suitable: provided that no place which has not been before the commencement of this act used for any of the purposes specified in this section shall, after such commencement be used therefor without the approval of the council: provided further that on and after such date as may be appointed by the central government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.

section 179. of the new delhi municipal council act : 1 where the chairperson either on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging to another person, the chairperson may by notice in writing require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made. 2 where no cause is shown within the specified period or the cause shown appears to the chairperson invalid or insufficient, the chairperson may by order in writing either authorise the owner of the premises to use the drain or declare him to be a joint owner thereof. 3 an order made under subsection 2 may contain directions as to a the payment of rent or compensation by the owner of the premises b the construction of a drain for the premises for the purpose of connecting it with the aforesaid drain c the entry upon the land in which the aforesaid drain is situate with assistants and workmen at all reasonable hours d the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

section 181. of the new delhi municipal council act : for the purpose of efficient drainage of any premises, the chairperson may, by notice in writing a require any courtyard, alley or passage between two or more buildings to be paved by the owner or owners of such buildings with such materials and in such manner as may be approved by the chairperson, and b require such paving to be kept in proper repair.

section 183. of the new delhi municipal council act : without the written permission of the chairperson, no person shall, for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 172 or any water works, constructed or maintained by, or vested in, the council.

section 185. of the new delhi municipal council act : 1 the chairperson may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the council without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes, or drains have been placed: provided that the council shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed. 2 the powers conferred by subsection 1 shall not be exercisable in respect of any property vested in the union or under the control or management of the central government or railway administration or vested in any local authority save with the permission of the central government or railway administration or the local authority, as the case may be, and in accordance with any byelaws made in this behalf: provided that the chairperson may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or collection of sewage or is such that delay would be dangerous to health, human life or property. 3 in exercise of the powers conferred upon him by this section, the chairperson shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience caused by him.

section 189., for ventilation of drain or cesspool. of the new delhi municipal council act : for the purpose of ventilating any drain or cesspool, whether vested in council or not, the chairperson may, in accordance with byelaws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.

section 184. of the new delhi municipal council act : 1 without the written permission of the chairperson no railway or private street shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water works constructed or maintained by, or vested in, the council. 2 if any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission of the chairperson, the chairperson may remove or otherwise deal with the same as he may think fit. 3 the expenses incurred by the chairperson in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this act.

section 186. of the new delhi municipal council act : 1 if it appears to the chairperson that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drains over, under, along or across the immovable property of another person, the chairperson may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property: provided that before making any such order the chairperson shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by byelaws made in this behalf as to why the order should not be made: provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried. 2 upon the making of an order, under subsection 1, the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same. 3 in placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall a cause the pipe or drain to be placed or carried with the least practicable delay b fill in, reinstate and make good at his own cost and with the least practicable delay, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain and c pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain. 4 if the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the chairperson shall, by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: provided that no such requisition shall be made unless in the opinion of the chairperson it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted.

section 187., to be raised or lowered. of the new delhi municipal council act : if the council places or carries any pipe or drain or does any other work connected with the water supply or drainage across any railway line, it may, with the sanction of the central government and at the cost of the new delhi municipal fund, require the railway administration to raise or lower the level thereof.

section 188. of the new delhi municipal council act : 1 when under the provisions of this chapter any person may be required or is liable to execute any work, the chairperson may, in accordance with the provisions of this act and of any byelaws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose. 2 the expenses incurred or likely to be incurred by the chairperson in the execution of any such work shall be payable by the said person and the expenses incurred by the chairperson in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences. 3 the expenses referred to in subsection 2 shall be recoverable from the person or persons liable therefor as an arrear of tax under this act.

section 190., believed to be defective. of the new delhi municipal council act : 1 where it appears to the chairperson that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain is so defective as to admit subsoil water, he may examine its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he deems it necessary, open the ground. 2 if on examination the drain or cesspool is found to be in proper condition, the chairperson shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him.

section 191. of the new delhi municipal council act : 1 the council shall receive bulk supply of water from, and deliver in bulk all the sewage to, the authority prescribed by the central government. 2 the council shall be entitled to receive bulk supply of water from, and to deliver in bulk all the sewage to, the authority prescribed under subsection 1 subject to such charges for the supply of water in bulk to the council and the delivery of sewage of the area of new delhi as may be determined by means of an agreement entered into between that other authority and the council. the agreement mentioned in this subsection shall provide also for a stipulation therein that in case of any dispute about the payments to be made to that other authority by the council, the matter shall be referred to the central government whose decision thereon shall be final and binding on both parties.

section 192. of the new delhi municipal council act : the central government may for reason to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the council under this chapter, shall be carried out on behalf of the council by the central government and the council shall pay the charges therefor at the rates and subject to the terms for the time being applicable in the case of works constructed by that government on behalf of a local authority.

section 197. of the new delhi municipal council act : subject to the provision of this act the council shall in respect of the new delhi areas under its jurisdiction have all the powers and obligations of a licensee under the electricity act, , and this chapter shall be deemed to be the licence of the council for the purposes of that act: provided that nothing in sections 3 to 12 of, or in clauses i to ix of the schedule to, that act relating to the duties and obligations of a licensee shall apply to the council.

section 198. of the new delhi municipal council act : 1 no building, wall or other structure shall be newly erected and no street or railway shall be constructed over, or in such a manner as to interfere with, any work constructed or maintained for the purposes of the electric supply except with the written permission of the chairperson. 2 the chairperson may cause any building, wall or other structure erected, or any street or railway constructed in contravention of subsection 1, to be removed or otherwise dealt with as he deems fit, and the expenses incurred therefor shall be paid by the person or authority responsible and shall be recoverable from such person or authority as an arrear of tax under this act.

section 193. of the new delhi municipal council act : 1 no person other than a licensed plumber shall execute any work described in this chapter and no person shall permit any such work to be executed except by a licensed plumber: provided that if, in the opinion of the chairperson, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber. 2 every person who employs a licensed plumber to execute any work shall, when so required, furnish to the chairperson the name of such plumber. 3 when any work is executed except in accordance with the provisions of subsection 1, such work shall be liable to be dismantled at the discretion of the chairperson without prejudice to the right of the council to prosecute under this act the person at whose instance such work has been executed. 4 the council may make byelaws for the guidance of licensed plumbers and a copy of all such byelaws shall be attached to every licence granted to a plumber by the council. 5 the council may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this chapter. 6 no licensed plumber shall, for any work referred to in subsection 5, demand or receive more than the charges prescribed therefor, under that subsection. 7 the council shall make byelaws providing for a the exercise of adequate control on all licensed plumbers b the inspection of all works carried out by them and c the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber. 8 no licensed plumber shall contravene any of the byelaws made under this section or execute carelessly or negligently any work under this act or make use of bad materials appliances or fittings. 9 if any licensed plumber contravenes subsection 8, his licence may be suspended or cancelled whether he is prosecuted under this act or not.

section 194. of the new delhi municipal council act : 1 no person shall a wilfully obstruct any person acting under the authority of the council, or the chairperson, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work, or deface or destroy any works made for the same purpose or b wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the council or c unlawfully obstruct the flow of or flush, draw off, or divert, or take water from any water work belonging to the council or d unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the council or break or damage any electrical transmission line maintained by the council or e obstruct any officer or other employee of the council in the discharge of his duties under this chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work or f bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink, or drain or any steamengine or boiler or any polluted water to turn or be brought into any water work, or do any other act whereby the water in any water work is fouled or likely to be fouled. 2 nothing in clause b of subsection 1 shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.

section 195. of the new delhi municipal council act : 1 it shall be the duty of the council to develop and maintain an efficient, coordinated and economical system of electricity supply for new delhi area under its jurisdiction and for that purpose to take steps from time to time a acquiring supplies of electricity and its distribution to consumers b for preparing and carrying out in accordance with rules made in this behalf schemes for distribution of electricity. 2 in the discharge of its functions in relation to electricity supply, the council shall, as far as practicable a promote the use of all economical methods of transmitting and distributing electricity b secure the development of supplies of electricity c secure the extension of supplies of electricity to areas without such supplies d promote the standardisation of systems of supply and types of electrical fittings e promote the simplification and standardisation of methods of charge for supplies of electricity.

section 196. of the new delhi municipal council act : 1 the council may take steps to manufacture, purchase, sell or let on hire on the execution of a hire purchase agreement or otherwise, any electrical machinery, control gear, fittings, wires or apparatus for lighting, heating, cooling or motive power or for any other purpose for which electricity can or may be used, or any industrial or agricultural machinery operated by electricity, and to install, connect, repair, maintain or remove such machinery, control gear, fitting, wires or apparatus and in respect thereof demand and take such remuneration or rents and charges and make such terms and conditions as it deems fit. 2 the council may also maintain shops and show rooms for the display, sale or hire of machinery, control gear, fittings, wires or apparatus as aforesaid, conduct displays, exhibitions and demonstrations thereof and generally do all things, including advertising incidental to the sale or hire of such machinery, control gear, fittings, wires and apparatus and to the promotion and encouragement of the use of electricity. 3 moneys received and expended in connection with additional functions specified in subsections 1 and 2 shall be shown separately in the accounts.

section 200. of the new delhi municipal council act : subject to the provisions of any law for the time being in force, charges shall be leviable for the supply of electricity by the council at such rates as may, from time to time, be fixed by the council.

section 199. of the new delhi municipal council act : 1 the council may enter into an agreement with any licensee within or outside new delhi in regard to the purchase of electricity and price thereof and within new delhi in regard to sale and price thereof or in regard to operation or control of any generating station or main transmission line and notwithstanding anything contained in any law or in any licence, memorandum of association or other instrument regulating the constitution and powers of the licensee, it shall be lawful for the licensee to enter into and carry out any agreement. 2 in entering into an agreement under this section the council shall not show any undue preference to any licensee.

section 208. of the new delhi municipal council act : 1 subject to the provisions contained in chapter x, the chairperson may a acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and any building standing upon such land b acquire in relation to any such land or building, all such land with buildings, if any, thereon as the council may think expedient to acquire outside of the regular line, or of the intended regular line, of such street c acquire any land for the purpose of laying out or making a public parking place.

section 202. of the new delhi municipal council act : 1 all streets within new delhi which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the council: provided that no public street which immediately before the commencement of this act vested in the union shall, unless the central government with the consent of the council so directs, vest in the council by virtue of this subsection. 2 all public streets vesting in the council shall be under the control of the chairperson and shall be maintained, controlled and regulated by him in accordance with the byelaws made in this behalf.

section 207. of the new delhi municipal council act : 1 the chairperson may a prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure decongestion or smooth flow or quietness in any locality b prohibit or regulate in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction weight or size or laden with such heavy or unwieldly objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the chairperson generally or specially in each case and c prohibit or regulate access to premises from any particular public street carrying high speed vehicular traffic: provided that the chairperson shall not take action without sanction of the council in cases under clauses a and c. 2 notices of such prohibition as are imposed under subsection 1 shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.

section 201. of the new delhi municipal council act : 1 the council shall receive bulk supply of electricity from the authority which may be prescribed by the central government. 2 the council shall be entitled to receive bulk supply of electricity from that authority prescribed by the central government subject to such terms and conditions as may be determined by means of a contract entered into between that other authority and the council. the contract mentioned in this subsection shall provide also for a stipulation therein that disputes between that other authority and the council in regard to any matter relating to the bulk supply of electricity to the council shall be referred to the central government whose decision thereon shall be final and binding on both parties.

section 209. of the new delhi municipal council act : 1 the chairperson may define a line on one or both sides of any public street in accordance with the byelaws made in this behalf and may, with the previous sanction of the council, redefine at any time any such regular line: provided that, before according sanction the council shall by public notice afford reasonable opportunity to the residents or premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice: provided further that the regular line of any public street operative under any law in force in any part of new delhi immediately before the commencement of this act shall be deemed to be a line defined by the chairperson under this subsection. 2 the line for the time being defined or redefined shall be called the regular line of street. 3 no person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the chairperson: provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or portion thereof, the chairperson fails to take steps to acquire the land within the regular line of the street in the accordance with section 212, then that person may, subject to any other provisions of this act and the byelaws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof. 4 when the chairperson grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successorsininterest not to claim compensation in the event of the chairperson at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the chairperson and may for that purpose require such owner to deposit in the new delhi municipal fund such sum as may be determined by him. 5 the chairperson shall maintain a a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which the chairperson may deem necessary b a register of all agreements executed under subsection 4 and of all deposits made thereunder. 6 all such registers shall be open to inspection by any person on payment of such fee as may be prescribed by the chairperson with the sanction of council. 7 any agreement entered into in pursuance of subsection 4 shall be in writing, shall be registered under the registration act, 16 of , and shall be deemed to be an agreement in respect of the land to which it relates and any condition contained in such agreement shall be deemed to be an obligation annexed to the ownership of the said land and enforceable against the successorsininterest of the owner of such land

section 205. of the new delhi municipal council act : the chairperson may at any time with the previous sanction of the council, a lay out and make new public streets b construct bridges and subways c turn or divert any existing public street and d lay down and determine the position and direction of a street or streets in any part of new delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received.

section 210. of the new delhi municipal council act : 1 if any part of a building abutting on a public street is within the regular line of that street, the chairperson may, whenever it is proposed a to repair, rebuild or construct such building or to take down such building to an extent exceeding onehalf thereof above the ground level, such half to be measured in cubic metres or b to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by any order which he issues concerning the addition to, rebuilding construction, repair or alterations of, such building, require such building to be set back to the regular line of the street. 2 when any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the chairperson or otherwise, taken down, the chairperson may forthwith take possession on behalf of the council of the portion of the land within the regular line of the street therefor occupied by the said building and, if necessary, clear the same. 3 land acquired under this section shall be deemed to be part of the public street and shall vest in the council.

section 203. of the new delhi municipal council act : 1 the chairperson shall, from time to time, cause all public streets vested in the council to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot passengers: provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed one lakh rupees, shall be undertaken by the chairperson except with the previous sanction of the council. 2 with the previous sanction of the council, the chairperson may permanently close the whole or any part of a public street: provided that before according such sanction the council shall by notice, published in the manner specified by byelaws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may be made within one month from the date of publication of the said notice.

section 204. of the new delhi municipal council act : whenever any public street or a part thereof is permanently closed under subsection 2 of section 203 the site of such street or of the portion thereof may be disposed of as land vesting in the council.

section 206. of the new delhi municipal council act : the chairperson shall, from time to time, with the sanction of council, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.

section 211. of the new delhi municipal council act : 1 where any building or any part thereof is within the regular line of a public street and in the opinion of the chairperson it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the chairperson on behalf of the council. 2 if such owner fails to show cause as required by subsection 1 the chairperson may require the owner by another notice to be served on him in accordance with the provisions of this act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice. 3 if within such period the owner of the building fails to pull down the building or part thereof as required by the chairperson, the chairperson may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this act. 4 the chairperson shall at once take possession on behalf of the council of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be part of the public street and shall vest in the council.

section 212., within the regular line of street. of the new delhi municipal council act : if any land, whether open or enclosed, not vesting in the council and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the chairperson may, after giving to the owner of the land or building not less than seven clear days notice of his intention so to do, take possession on behalf of the council of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in the council: provided that where the land or building is vested in the union or a state the chairperson shall not take possession thereof without the previous sanction of the central government.

section 213. of the new delhi municipal council act : 1 where a land or building is partly within the regular line of a public street and the chairperson is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the council. 2 such surplus land may thereafter, be utilised for the purpose of setting forward a building under section 214.

section 214. of the new delhi municipal council act : the chairperson may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the approval of the council, by notice require any building to be set forward in the case of reconstruction thereof or of a new construction. explanation.for the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the chairperson is erected along the said line

section 215. of the new delhi municipal council act : 1 compensation shall be paid by the chairperson to the owner of any building or land acquired for a public street under the provisions of sections 210, 211 and 212 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the chairperson: provided that a any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation b if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the chairperson may recover from him half the amount of such excess as a betterment charge. 2 if in consequence of any order to set forward a building made by the chairperson the owner of such building sustains any loss or damage, compensation shall be paid to him by the chairperson for such loss or damage after taking into account any increase in value likely to accrue from the setting forward. 3 if the additional land which will be included in the premises of any person required or permitted under subsection 2 to set forward a building belongs to the council, the order or permission of the chairperson to set forward the building shall be a sufficient conveyance to the said owner of the said land and the price to be paid to the council by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission. 4 if, when the chairperson requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the council or with any of the terms or conditions of conveyance, the chairperson shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court of the district judge of delhi whose decision thereon shall be final.

section 218. of the new delhi municipal council act : 1 if any person laysout or makes any street referred to in section 217 without or otherwise than in conformity with the orders of the council, the chairperson may, whether or not the offender be prosecuted under this act, by notice a require the offender to show cause by a written statement signed by him and sent to the chairperson on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the chairperson or if such alteration be impracticable, why such street should not be demolished or b require the offender to appear before the chairperson either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid. 2 if any person on whom such notice is served fails to show cause to the satisfaction of the chairperson why such street should not be so altered or demolished, the chairperson may pass an order directing the alternation or demolition of such street.

section 216. of the new delhi municipal council act : if the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

section 217. of the new delhi municipal council act : 1 before utilising, selling or otherwise dealing with any land under section 216, the owner thereof shall send to the chairperson a written application with a layout plan of the land showing the following particulars, namely: a the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used b the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose c the intended level, direction and width of street or streets d the regular line of street or streets e the arrangement to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets. 2 the provisions of this act and the byelaws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in subsection 1 and all the particulars referred to in that subsection shall be subject to the sanction of the council. 3 within sixty days after the receipt of any application under subsection 1 the council shall either accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it. 4 such sanction shall be refused a if the particulars shown in the layout plan would conflict with any arrangements which have been made or which are in the opinion of the council likely to be made for carrying out any general scheme of development of new delhi whether contained in the master plan or a zonal development plan prepared for new delhi or not or b if the said layout plan does not conform to the provisions of this act and byelaws made thereunder or c if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. 5 no person shall utilise, sell or otherwise deal with any land or layout or make any new street without or otherwise than in conformity with the orders of the council and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to layout or make the street until orders have been passed upon receipt of such information: provided that the passing of such orders shall not be in any case delayed for more than sixty days after the council has received the information which it considers necessary to enable it to deal with the said application. 6 the layout plan referred to earlier in this section, shall be prepared by an architect.

section 226. of the new delhi municipal council act : the chairperson may, without notice, cause to be removed a any stall, chair, bench, box, ladder, bale, or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this act. b any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this act and any vehicle, package, box or any other thing in or on which such article is placed.

section 219. of the new delhi municipal council act : 1 if any private street or part thereof is not levelled, paved, metalled, flagged, chanelled, sewered, drained, conserved or lighted to the satisfaction of chairperson, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice. 2 if such work is not carried out within the time specified in the notice, the chairperson, may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in subsection 1 in such proportion as may be determined by the chairperson and shall be recoverable from them as an arrear of tax under this act.

section 220. of the new delhi municipal council act : if any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 219, the chairperson may, and on the requisition of a majority of the owners referred to in subsection 1 of that section shall, declare such a street to be a public street and thereupon the street shall vest in the council

section 221. of the new delhi municipal council act : 1 except as provided in section 222, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will a overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or b jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. 2 the chairperson may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section. 3 if the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

section 225., of things in streets. of the new delhi municipal council act : 1 no person shall, except with the permission of the chairperson and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale, or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. 2 nothing in subsection 1 applies to building material

section 223., not to open outwards on streets. of the new delhi municipal council act : the chairperson may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar, or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as in the opinion of the chairperson, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.

section 222. of the new delhi municipal council act : 1 the chairperson may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street i to erect an arcade over such street or any portion thereof or ii to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, owning or other such structure or thing projecting from any storey over or across any street or portion thereof: provided that no permission shall be given by the chairperson for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the council. 2 the chairperson may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.

section 224. of the new delhi municipal council act : 1 no person shall, except with the permission of the chairperson granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. 2 nothing in this section shall apply to any erection or thing to which clause c of subsection 1 of section 229 applies.

section 227. of the new delhi municipal council act : 1 no person shall tether any animal or cause or permit the same to be tethered in any public street or public place. 2 no person shall milk or cause or permit to be milked any cow or buffalo in any street or public place. 3 any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the chairperson or any municipal officer or employee and be impounded and dealt with under the provisions of the cattletrespass act, 1 of .

section 228. of the new delhi municipal council act : 1 the chairperson shall, so far as is practicable, during the construction or repair of any public street, or any municipal drain or any premises vested in the council a cause the same to be fenced and guarded, b take proper precautions against accident by shoring up and protecting the adjoining buildings, c cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. 2 the chairperson shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. 3 the chairperson shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. 4 no person shall, without the permission of the chairperson or other lawful authority, remove any bar, chain, post or shorting, timber, or remove or extinguish any light set up under this section.

section 229. of the new delhi municipal council act : 1 no person other than the chairperson or a municipal officer or other municipal employee shall, without the written permission of the chairperson a open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other materials or thing forming part of any street or b deposit any building materials in any street or c set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. 2 any permission granted under clause b or clause c of subsection 1 shall be terminable at the discretion of the chairperson on his giving not less than twentyfour hours notice of such termination to the person to whom such permission was granted. 3 the chairperson may, without notice, cause to be removed any of the things referred to in clause b of subsection 1 which has been deposited or set up in any street without the permission specified in that subsection or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under subsection 2: provided that nothing in this subsection shall apply to cases under clause b or clause c of subsection 1 in which an application for permission has been made with such fee as may be prescribed by the chairperson in this behalf but no reply has been sent to the applicant within seven days from the date of the application.

section 230. of the new delhi municipal council act : 1 any of the things caused to be removed by the chairperson under this chapter shall, unless the owner thereof turns up to take back such thing and pays to the chairperson the charges for the removal and storage of such thing, be disposed of by the chairperson by public auction or in such other manner and within such time as the chairperson thinks fit. 2 the charges for removal and storage and sale of the thing sold under subsection 1 shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the thing sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the new delhi municipal fund.

section 231. of the new delhi municipal council act : 1 the chairperson may a with the sanction of the council determine the name or number by which any street or public place vested in the council shall be known b cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known c cause to be put up or painted on boards of suitable size the name of any public place vested in the council d determine the number or subnumber by which any premises or part of such premises shall be known and cause such number or subnumber to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. 2 no person shall destroy, remove, deface or in any way injure or alter any such name or number or subnumber or put up or paint any name or number or subnumber different from that put up or painted by order of the chairperson.

section 232. of the new delhi municipal council act : 1 if any place is, in the opinion of the chairperson, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the chairperson may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the chairperson necessary in order to prevent the danger or inconvenience arising therefrom. 2 the chairperson may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom and any expense incurred by the chairperson in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this act.

section 233. of the new delhi municipal council act : the chairperson shall a take measures for lighting in a suitable manner all such public streets and public places as may be specified by him b procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose c cause such lamps to be lighted by means of oil, electricity or such other light as he may determine.

section 234., of lamps. of the new delhi municipal council act : 1 no person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage a any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place b any electric wire for lighting such lamp c any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. 2 no person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place. 3 if any person wilfully or through negligence or accident breaks, or causes any damage to any of the things described in subsection 1 he shall in addition to any penalty to which he may be subjected under this act, pay the expenses of repairing the damage so done by him.

section 235., of the central government. of the new delhi municipal council act : notwithstanding anything contained in any other provision of this act, the chairperson shall exercise his powers and discharge his functions under this chapter, under the general superintendence, direction and control of the central government.

section 236. of the new delhi municipal council act : in this chapter, unless the context otherwise requires, the expression to erect a building means a to erect a new building on any site whether previously built upon or not b to reerect i any building of which more than onehalf of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed or ii any building of which more than onehalf of the superficial area of the external walls above the level of the plinth has been pulled down or iii any frame building of which more thanhalf of the number of the columns or beams in the external walls have been pulled down c to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose d to convert into more than one dwelling house a building originally constructed as one dwelling house only e to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose f to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space g to convert two or more tenements in a building into a greater or lesser number h to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change i to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this act or in any byelaws made thereunder or in any other law, into a building which had it been originally erected in its converted form, would have been subject to such building regulations j to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than, a dwelling house.

section 237. of the new delhi municipal council act : 1 no person shall erect or commence to erect any building or execute any of the works specified in section 239 except with the previous sanction of the chairperson not otherwise than in accordance with the provisions of this chapter and of the byelaws made under this act in relation to the erection of buildings or execution of works. 2 in such areas as may be specified by byelaws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass leaves, mats or other inflammable materials except with the written permission of the chairperson, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf

section 241. of the new delhi municipal council act : 1 the chairperson shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of subsection 2 of this section or the provisions of section 245. 2 the grounds on which the sanction of a building or work may be refused shall be the following, namely: a that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any byelaw made in this behalf or of any other law or rule, byelaw or order made under such other law b that the notice for sanction does not contain the particulars or is not prepared in the manner required under the byelaws made in this behalf c that any information or documents required by the chairperson under this act or any byelaws made thereunder has or have not been duly furnished d that in cases falling under section 216, layout plans have not been sanctioned in accordance with section 217 e that the building or work would be an encroachment on central government or government land or land vested in the council f that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site g that the land on which it is proposed to erect or reerect such building is vested in the central government or government or in the council, and the consent of the government concerned or, as the case may be, of the council has not been obtained, or if the title of the land is in dispute between such person and the council or any government, or for any other reason, to be communicated in writing to the person, which is deemed to be just and sufficient as effecting such building. 3 the chairperson shall communicate the sanction to the person who has given the notice and where he refuses sanction on any of the grounds specified in subsection 2 or under section 245 he shall record a brief statement of his reasons for such refusal and the chairperson shall communicate the refusal alongwith the reasons therefor to the person who has given the notice. 4 the sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the byelaws made in this behalf.

section 238. of the new delhi municipal council act : 1 every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the chairperson in such form and containing such information as may be prescribed by byelaws made in this behalf. 2 every such notice shall be accompanied by such documents and plans as may be so prescribed.

section 239. of the new delhi municipal council act : 1 every person who intends to execute any of the following works, that is to say, a to make any addition to a building b to make any alteration or repairs to a building involving the removal or reerection of any external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding onehalf of such wall above the plinth level, such half to be measured in superficial metres c to make any alteration or repairs to a frame building involving the removal or reerection of more than onehalf of the columns or posts in any such wall thereof as aforesaid or involving the removal or reerection of any such wall thereof as aforesaid to an extent exceeding onehalf of such wall above plinth level, such half to be measured in superficial metres d to make any alteration in a building involving i the subdivision of any room in such building so as to convert the same into two or more separate rooms or ii the conversion of any passage or space in such building into a room or rooms e to repair, remove, construct, reconstruct or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street f to close permanently any door or window in an external wall g to remove or reconstruct the principal staircase or to alter its position shall apply for sanction by giving notice in writing of his intention to the chairperson in such form and containing such information as may be prescribed by byelaws made in this behalf. 2 every such notice shall be accompanied by such documents and plans as may be so prescribed.

section 240. of the new delhi municipal council act : 1 a person giving the notice required by section 238 shall specify the purpose for which it is intended to use the building to which such notice relates and a person giving the notice required by section 239, shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work. 2 no notice shall be valid until the information required under subsection 1 and any further information and plans which may be required by byelaws made in this behalf have been furnished to the satisfaction of the chairperson alongwith the notice.

section 242. of the new delhi municipal council act : 1 where within a period of sixty days or in cases falling under clause b of section 236 within a period of thirty days, after the receipt of any notice under section 238 or section 239 or of the further information, if any, required under section 240, the chairperson does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the chairperson shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same: provided that if it appears to the chairperson that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the chairperson may withhold sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or as the case may be, the period of thirty days specified in this subsection shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld. 2 where a building or work is sanctioned or is deemed to have been sanctioned by the chairperson under subsection 1, the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this act or any other law or of byelaw made thereunder. 3 if the person or anyone lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 238 or, as the case may be, under section 239 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice. 4 before commencing the erection of a building or execution of a work within the period specified in subsection 3, the person concerned shall give notice to the chairperson of the proposed date of the commencement of the erection of the building or the execution of the work: provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.

section 243. of the new delhi municipal council act : if at any time after the sanction of any building or work has been accorded, the chairperson is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 238, 239 and 240, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction: provided that before making any such order the chairperson shall give reasonable opportunity to the person affected as to why such order should not be made.

section 249. of the new delhi municipal council act : 1 the chairperson may at any time during the erection of any building or execution of any work or at any time after the completion thereof by a written notice of not less than seven days specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 241 or is in contravention of any condition of such sanction or any of the provisions of this act or any byelaws made thereunder and require the person who gave the notice under section 238 or section 239 or the owner of such building or work either a to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or b to show cause why such alterations should not be made, within a period stated in the notice. 2 if the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice. 3 if the person or the owner shows cause as aforesaid, the chairperson shall by an order either cancel the notice issued under subsection 1 or confirm the same subject to such modifications as he thinks fit.

section 244. of the new delhi municipal council act : the chairperson may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.

section 245. of the new delhi municipal council act : 1 the erection of any building on either side of a new street may be refused by the chairperson unless and until such new street has been levelled, and wherever in the opinion of the chairperson practicable, metalled or paved, drained, lighted and laid with a water main to its satisfaction. 2 the erection of any such building or the execution of any such work may be refused by the chairperson if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the chairperson but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this act or any other law for the time being in force.

section 247. of the new delhi municipal council act : 1 where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 241 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this act or byelaws made thereunder, the chairperson may, in addition to any other action that may be taken under this act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person, as may be, specified in the order of demolition: provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the chairperson may think fit, a reasonable opportunity of showing cause why such order shall not be made: provided further that where the erection or work has not been completed, the chairperson may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under subsection 2. 2 any person aggrieved by an order of the chairperson made under subsection 1 may prefer an appeal against the order to the appellate tribunal within the period specified in the order for the demolition of the erection or work to which it relates. 3 where an appeal is preferred under subsection 2 against an order of demolition the appellate tribunal may, subject to the provisions of subsection 3 of section 255 stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the appellate tribunal unless security, sufficient in the opinion of the said tribunal has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal. 4 no court shall entertain any suit, application or order proceeding for injunction or other relief against the chairperson to restrain him from taking any action or making any order in pursuance of the provisions of this section. 5 subject to an order made by the administrator on appeal under section 256, every order made by the appellate tribunal on appeal under this section, and subject to the orders of the administrator and the appellate tribunal on appeal, the order of demolition made by the chairperson shall be final and conclusive. 6 where no appeal has been preferred against an order of demolition made by the chairperson under subsection 1 or where an order of demolition made by the chairperson under that subsection has been confirmed on appeal, whether with or without variation, by the appellate tribunal and by the administrator in a case where an appeal has been preferred against the order of the appellate tribunal, the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any fixed by the appellate tribunal or the administrator on appeal and on the failure of the person to comply with the order within such period, the chairperson may himself cause the erection or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this act.

section 246. of the new delhi municipal council act : the chairperson, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the chairperson on application made therefor has allowed an extension of that period.

section 248. of the new delhi municipal council act : 1 where the erection of any building or execution of any work has been commenced or is being carried on but has not been completed without or contrary to the sanction referred to in section 241, or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this act or byelaws made thereunder, the chairperson may in addition to any other action that may be taken under this act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. 2 if an order made by the chairperson under section 247 or under subsection 1 of this section directing any person to stop the erection of any building or execution of any work is not complied with, the chairperson may require any police officer to remove such person and all his assistants and workmen from the premises or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. 3 any of the things caused to be seized by the chairperson under subsection 2 shall be disposed of by him in the manner specified in section 230. 4 after the requisition under subsection 2 has been complied with, the chairperson may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee of the council to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. 5 where a police officer or a municipal officer or other municipal employee has been deputed under subsection 4 to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under subsection 1 was given and shall be recoverable from such person as an arrear of tax under this act.

section 250. of the new delhi municipal council act : 1 it shall be lawful for the chairperson, at any time, before or after making an order of demolition under section 247 or of the stoppage of the erection of any building or execution of any work under section 247 or under section 248, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and extent of such erection or work. 2 where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the chairperson may, for the purpose of demolishing such erection or work in accordance with the provisions of this act, order such seal to be removed. 3 no person shall remove such seal except a under an order made by the chairperson under subsection 2 or b under an order of an appellate tribunal or the administrator, made in an appeal under this act.

section 251. of the new delhi municipal council act : 1 every person who employs an architect registered with the council or an architects or an engineer or a person approved by the chairperson to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the chairperson a notice in writing of such completion accompanied by a certificate in the form prescribed by byelaws made in this behalf and shall give to the chairperson all necessary facilities for the inspection of such building or work. 2 no person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the chairperson in this behalf in accordance with byelaws made under this act: provided that if the chairperson fails within a period of thirty days after the receipt of the notice of completion to communicate its refusal to grant such permission, such permission shall be deemed to have been granted.

section 255. of the new delhi municipal council act : 1 the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the appellate tribunal may specify. 2 the appellate tribunal shall send a copy of every order passed by it to the parties to the appeal. 3 no appellate tribunal shall, in any appeal pending before it in respect of any order or notice under this act, make an interim order whether by way of injunction or stay against the council or against any officer or servant of the council acting or purporting to act in his official capacity, unless an opportunity is given to the council or its officer or servant to be heard in the matter: provided that the appellate tribunal may without giving an opportunity as aforesaid make an interim order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money: provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that period, the appellate tribunal confirms or modifies that order after giving to the council or its officer or servant an opportunity of being heard. 4 subject to rules that may be made by the central government in this behalf, the awarding of damages in and the costs of, and incidental to, any appeal before an appellate tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purposes aforesaid. 5 an order of the appellate tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made. 6 in hearing and deciding an appeal or in the execution of an order, an appellate tribunal shall follow such procedure as may be prescribed by rules. 7 every appellate tribunal, shall in addition to the powers conferred on it under this act, have the same power as are vested in a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and inspection of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commissions for the examination of witnesses or documents and f any other matter which may be prescribed by rules. and every proceeding of an appellate tribunal in hearing or deciding an appeal or in connection with the execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code 45 of , and every appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 252. of the new delhi municipal council act : no person shall, without the written permission of the chairperson, or otherwise than in conformity with the conditions, if any, of such permission a use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this act and the byelaws made thereunder b change or allow the change of the use of any land or building c convert or allow the conversion of one kind of tenement into another kind.

section 257. of the new delhi municipal council act : 1 after the commencement of this act, no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 247 or section 254 and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections. 2 notwithstanding anything contained in subsection 1, every suit, application or other proceeding pending in any court immediately before the commencement of this act, in respect of any order or notice appealable under section 247 or section 254, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force.

section 254. of the new delhi municipal council act : 1 any person aggrieved by any of the following orders made or notices issued under this act, may prefer an appeal against such order or notice to the appellate tribunal, namely: a an order according or disallowing sanction to a layout plan under section 217 b an order directing the alteration or demolition of any street under section 218 c a notice under subsection 1 of section 219 d a notice under subsection 2 of section 221 e an order directing the disposal of things removed under chapter xiii or seized under section 248, or an order rejecting the claim of any person for the balance of the proceeds of sale of things so disposed of f an order sanctioning or refusing to sanction the erection of any building or the execution of any work under section 241 g an order withholding sanction under the proviso to subsection 1 of section 242 h an order cancelling a sanction under section 243 i an order requiring the rounding off, splaying or cutting off the height of a building intended to be erected, or for the acquisition of any portion of a site, under section 244 j an order disallowing the erection of any building or the execution of any work under section 245 k an order requiring the stoppage of any erection or work under section 248 l an order requiring the alteration of any building or work under section 249 m an order directing the sealing of unauthorised constructions under section 250 n an order refusing to grant permission under subsection 2 of section 251 o an order granting or refusing permission under section 252 p any such other order or notice relating to or arising out of planned development under the provisions of this act as may be prescribed by rules. 2 an appeal under this section shall be filed within thirty days from the date of the order or notice appealed against: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 3 an appeal to the appellate tribunal shall be made in such form and shall be accompanied by a copy of the order or notice appealed against and by such fees as may be prescribed by rules.

section 253. of the new delhi municipal council act : 1 the central government shall, by notification in the official gazette, constitute one or more appellate tribunals with headquarters at delhi or new delhi, for deciding appeals preferred under section 247 or section 254. 2 an appellate tribunal shall consist of one person to be appointed by the central government on such terms and conditions of service as may be prescribed by rules. 3 a person shall not be qualified for appointment as the presiding officer of an appellate tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in india. 4 the central government may, if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, matters involved in such appeals, to act as assessors to advise the appellate tribunal in the proceedings before it, but no advice of the assessors shall be binding on the appellate tribunal. 5 the central government shall, by notification in the official gazette, define the territorial limits within which an appellate tribunal shall exercise its jurisdiction, and where different appellate tribunals have jurisdiction over the same territorial limits, the central government shall also provide for the distribution and allocation of work to be performed by such tribunals. 6 for the purpose of enabling it to discharge its functions under this act, every appellate tribunal shall have a registrar and such other staff on such terms and conditions of service as may be prescribed by rules: provided that the registrar and staff may be employed jointly for all or any number of such tribunals in accordance with the rules.

section 256. of the new delhi municipal council act : 1 an appeal shall lie to the administrator, against an order of the appellate tribunal made in an appeal under section 247 or section 254, confirming, modifying or annulling an order made or notice issued under this act. 2 the provisions of subsections 2 and 3 of section 254 and section 255 and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections. 3 an order of the administrator on an appeal under this section, and subject only to such order, an order of the appellate tribunal under section 254, and subject to such orders of the administrator or an appellate tribunal, an order or notice referred to in subsection 1 of that section, shall be final.

section 262., to be the property of the council. of the new delhi municipal council act : all matters deposited in public receptacles, depots and places provided or appointed under section 263 and all matters collected by municipal employees or contractors in pursuance of section 261 and section 265 shall be the property of the council.

section 258. of the new delhi municipal council act : 1 if it appears to the chairperson at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the chairperson may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom. 2 the chairperson may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passersby and other persons, with a convenient platform and handrail wherever practicable to serve as a footway for passengers outside of such hoard or fence. 3 if it appears to the chairperson that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger. 4 if the owner or occupier of the building does not comply with the order within the period specified therein, the chairperson shall take such steps in relation to the building as to prevent all cause of danger therefrom. 5 all expenses incurred by the chairperson in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this act.

section 259. of the new delhi municipal council act : 1 the chairperson may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 251 be vacated forthwith or within such period as may be specified in the order: provided that at the time of making such order the chairperson shall record a brief statement of the reasons therefor. 2 if any person fails to vacate the building in pursuance of such order the chairperson may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. 3 the chairperson shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.

section 265. of the new delhi municipal council act : 1 it shall be the duty of the owner and occupier of every premises situate in any portion of new delhi in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 263 at such times, in such vehicle or vessel by such route and with such precautions as the chairperson may by public notice prescribe. 2 it shall be lawful for the chairperson to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matters from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of new delhi. 3 in such portion of new delhi and in any premises where situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the chairperson, for any person who is not employed by or on behalf of the chairperson to discharge any of the duties of scavengers.

section 261. of the new delhi municipal council act : 1 for the purpose of securing the efficient scavenging and cleansing of all streets and premises, the chairperson shall provide a for the daily surfacecleansing of all streets and the removal of the sweepings therefrom, and b for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter. 2 the chairperson may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in subsection 1 may be removed along a street or may be deposited or otherwise disposed of.

section 260. of the new delhi municipal council act : 1 the central government may, by notification in the official gazette, make byelaws for carrying out the provisions of this chapter: provided that all byelaws made by the new delhi municipal committee under subsection 3 of section 189 of the punjab municipal act, punjab act 3 of and in force immediately before such commencement, shall be deemed to have been made under the provision of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provision of this section. 2 in particular and without prejudice to the generality of the foregoing power, such byelaws may provide for all or any of the following matters, namely: a the regulation or restriction of the use of sites for buildings for different areas b the regulation or restriction of buildings in different areas c the form of notice of erection of any building or execution of any work and the fee in respect of the same d the plans and documents to be submitted together with such notice and the information and further information to be furnished e the level and width of foundation, level of lowest floor and stability of structure f the construction of buildings and the materials to be used in the construction of buildings g the height of buildings whether absolute or relative to the width of streets or to different areas h the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation i the provision of open spaces external and internal, and adequate means of light and ventilation j the provision of means of egress in case of fire, fireescapes and water lifting devices k the provision of secondary means of access for the removal of house refuse l the materials and methods of construction of external and party walls, roofs and floors m the position, materials and methods of construction of hearths, smokeescapes, chimneys, staircases, latrines, drains and cesspools n the provision of lifts o the paving of yards p the restrictions on the use of inflammable materials in buildings q the restriction on construction of foundation on certain sites r the measures to be taken to protect building from dump arising from subsoil s the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings t in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water u the supervision of buildings v the setting back of garages and shops from the regular line of a street w the construction of partable structures and permission for such construction. 3 the draft of the byelaws referred to in subsection 1 shall be forwarded to the chairperson, who shall cause the same to be published in the official gazette for inviting objections and suggestions from the public within thirty days from the date of such publication. 4 the chairperson shall forward the draft byelaws to the central government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the official gazette. 5 the central government may issue such directions to the chairperson as it thinks fit, for ensuring proper implementation of the byelaws made under this section.

section 268. of the new delhi municipal council act : no owner or occupier of any premises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause g of subsection 1 of section 17 of the air prevention and control of pollution act, 14 of .

section 263. of the new delhi municipal council act : 1 the chairperson shall a provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter b provide dustbins for the temporary deposit of rubbish c provide vehicles or other suitable means for the removal of rubbish and offensive matter and d provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter. 2 different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the matters specified in subsection 1. 3 the chairperson shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred to in subsection 1 from becoming sources of nuisance

section 264. of the new delhi municipal council act : it shall be the duty of the owners and occupiers of all premises a to have the premises swept and cleaned b to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the chairperson, by public notice prescribes, in public receptacles, depots or places provided or appointed under section 263 for the temporary deposit or final disposal thereof c to provide receptacles of the type and in the manner prescribed by the chairperson for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.

section 266., accumulated on premises used as factories, workshop, etc. of the new delhi municipal council act : the chairperson may, if he thinks fit, a by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263, or b after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal such fee as may, with the sanction of the council be specified in the notice issued under clause a.

section 267. of the new delhi municipal council act : 1 no owner or occupier of any premises shall keep or allow to be kept for more than twentyfour hours or otherwise than in a receptacle approved by the chairperson, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the chairperson, or fail to comply with any requisition of the chairperson as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises. 2 no owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter. 3 no person shall, after due provision has been made in this respect under the foregoing provisions of this chapter for the deposit and removal of the same a deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course or b deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same or c deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.

section 271. of the new delhi municipal council act : 1 it shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the chairperson and in accordance with such terms not inconsistent with the provisions of this act or any byelaws made thereunder as he may prescribe. 2 in prescribing any such terms the chairperson may determine in such case a whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other and b what shall be the site or position of each latrine or urinal. 3 if any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the chairperson may, after giving not less than ten days notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the chairperson in so doing shall be recoverable from the owner or occupier as an arrear of tax under this act.

section 275. of the new delhi municipal council act : the chairperson may, by written notice a require the owner or other person having the control of any private latrine or urinal not to put the same to public use or b require the owner or other person having the control of such private latrine or urinal which in the opinion of the chairperson constitutes a nuisance, to remove the latrine or the urinal or c require any person having the control whether as owner, lessee or occupier of any land or building i to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood or ii to clean in such manner as the chairperson may prescribe in the notice any latrine or urinal belonging to the land or building or d where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated and demolished in accordance with byelaws made in this behalf.

section 269. of the new delhi municipal council act : if any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the chairperson may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this act.

section 270. of the new delhi municipal council act : 1 the chairperson shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals. 2 such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.

section 277. of the new delhi municipal council act : 1 where the chairperson upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation. 2 in addition to serving a notice under this section on the owner the chairperson may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. 3 in determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.

section 272., in new buildings. of the new delhi municipal council act : 1 it shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the chairperson may prescribe. 2 in prescribing any such accommodation, the chairperson may determine in each case a that such building shall be served by the flush system only b what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions. 3 it shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises. 4 in this section, the expression to erect a building has the same meaning as in section 236.

section 273. of the new delhi municipal council act : every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the chairperson may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order

section 274. of the new delhi municipal council act : the chairperson may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.

section 276. of the new delhi municipal council act : 1 where it appears to the chairperson that any block of buildings is in an unhealthy condition by reasons of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected to by the officer authorised by him and such officer shall make a report in writing the chairperson regarding the sanitary condition of the block. 2 if upon receipt of such report the chairperson considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the council select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such building remove them within such period as may be specified in the notice: provided that before issuing the notice reasonable opportunity shall be afforded to the owners to show cause why the buildings should not be removed: provided further that the chairperson shall make compensation to the owners for any buildings so removed which may have been erected under proper authority. 3 if a notice under subsection 2 requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the chairperson may himself remove or cause to be removed the building required to be removed by the notice and recover from owner of the building the expenses of such removal as an arrear of tax under this act.

section 278. of the new delhi municipal council act : if a notice under section 277 requiring the owner of the building to execute works of improvement is not complied with, then after the expiration of the time specified in the notice the chairperson may himself do or cause to be done the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this act.

section 279. of the new delhi municipal council act : 1 where the chairperson upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. 2 if any of the person upon whom a notice has been served under subsection 1 appears in pursuance thereof before the chairperson and gives an undertaking to him that such person shall, within a period specified by the chairperson, execute such works of improvement in relation to the building as will, in the opinion of the chairperson, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the chairperson on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the chairperson shall not make an order of demolition of the building. 3 if no such undertaking as is mentioned in subsection 2 is given or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the chairperson shall, forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period. 4 where an order of demolition of building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the chairperson shall demolish or cause to be demolished the building and sell the materials thereof. 5 any expenses incurred by the chairperson under subsection 4 if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this act. 6 in determining for the purposes of section 277 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say, a repair b stability c freedom from damp d natural light and air e water supply f drainage and sanitary conveniences g facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter, and the building shall be deemed to be unfit as aforesaid if it is so far defective, in one or more of the said matters that it is not reasonably suitable for occupation in that condition. 7 for the purpose of section 277, section 278 and this section, work of improvement in relation to a building includes any one or more of the following works, namely: a necessary repairs b structural alterations c provision of light points and water taps d construction of drains, open or covered e provision of latrines and urinals f provision of additional or improved fixtures and fittings g opening up or paving of courtyard h removal of rubbish, filth and other polluted and obnoxious matter i any other work including the demolition of any building or any part thereof which, in the opinion of the chairperson, is necessary for executing any of the works specified above. 8 the provisions of section 276, section 277, section 278 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the slum areas improvement and clearance act, 96 of .

section 285. of the new delhi municipal council act : 1 where the destruction of any hut or shed is in the opinion of the chairperson necessary to prevent the spread of any dangerous disease, the chairperson may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice. 2 where the chairperson is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours notice to the owner or occupier. 3 compensation may be paid by the chairperson, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the chairperson, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.

section 280. of the new delhi municipal council act : where the chairperson upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the chairperson may deem necessary within such time as may be specified in the notice.

section 286. of the new delhi municipal council act : 1 the chairperson shall a provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection b cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix. 2 the chairperson may notify places at which articles of clothing, bedding and the conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing. 3 the chairperson may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.

section 281. of the new delhi municipal council act : 1 the chairperson may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose. 2 when any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under subsection 1.

section 282. of the new delhi municipal council act : any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the officer specified by the chairperson for the said purpose.

section 283. of the new delhi municipal council act : 1 when any person suffering from any dangerous disease is found to be a without proper lodging or accommodation or b living in a room or house which he neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it or c living in a sarai, dharamshala, hotel, boarding house, hostel, guest house, lodging house, club or d lodged in premises occupied by members of two or more families, the chairperson or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of a general duty medical officer remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal. 2 the council shall if required by the central government erect an infectious disease hospital of such type and dimension as that government may direct.

section 284. of the new delhi municipal council act : where the chairperson is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice: provided that where in the opinion of the chairperson the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the chairperson may at the expense of the new delhi municipal fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.

section 287. of the new delhi municipal council act : 1 in the event of new delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or any epidemic disease among any animals therein, the chairperson, if he thinks that the other provisions of this act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the council a take such special measures and b by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease: provided that where in the opinion of the chairperson immediate measures are necessary, he may take action, without such sanction as aforesaid and if he does so, shall forthwith report such action to the council. 2 no person shall commit a breach of any direction given under subsection 1 and if he does so he shall be deemed to have committed an offence under section 188 of the indian penal code 45 of .

section 293., or washing of clothes by infected persons. of the new delhi municipal council act : no person while suffering from, or in circumstances in which he is likely to spread, any dangerous disease, shall a make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear or b take any part in the business of the washing or carrying of clothes.

section 288. of the new delhi municipal council act : 1 a person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the officer authorised in this behalf. 2 the occupier of any building in which a person is suffering from a dangerous disease shall, if required by the officer authorised by the chairperson, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for the purpose of being washed or cleaned.

section 294. of the new delhi municipal council act : when new delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the chairperson may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.

section 289. of the new delhi municipal council act : 1 whoever a uses a public conveyance while suffering from a dangerous disease or b uses a public conveyance for the carriage of a person who is suffering from any dangerous disease or c uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver, or person in charge of the conveyance, and further report without delay to the chairperson the number of the conveyance and the name of the person so notified. 2 where any person suffering from, or the corpse of any person who has died from, a dangerous disease has been carried in public conveyance which ordinarily plies in new delhi or any part thereof, the driver thereof shall forthwith report the fact to the chairperson who shall forthwith cause the conveyance to be disinfected if that has not already been done. 3 no such conveyance shall be again brought into use until the officer authorised by the chairperson has granted a certificate stating that it can be used without causing risk of infection. 4 whoever fails to make to the chairperson any report which he is required to make under this section shall be guilty of an offence.

section 290. of the new delhi municipal council act : notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of new delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

section 296. of the new delhi municipal council act : no person shall a knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place b having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid c place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly d throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.

section 291. of the new delhi municipal council act : 1 where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the chairperson may by general or special notice direct together with all articles therein liable to retain infection. 2 for the purposes of this section the keeper of a hostel, lodging house, dharamshala, sarai, boarding house, guest house, hotel or club shall be deemed to have let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

section 297. of the new delhi municipal council act : where any person has died from any dangerous disease the chairperson may, by notice in writing, a require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law, or b prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, buried or for being conveyed to a mortuary.

section 292. of the new delhi municipal council act : no person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into new delhi or any part thereof.

section 295. of the new delhi municipal council act : 1 if the chairperson is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may a by public notice, prohibit the removal or use of such water for drinking or b by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water or c take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. 2 in the event of new delhi or any part thereof being visited or threatened by an outbreak or a dangerous disease the officer authorised by the chairperson in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

section 299. of the new delhi municipal council act : no sweeper, being employed for doing house scavenging of any building shall discontinue to do such house scavenging without reasonable cause or without having fourteen days notice to his employer.

section 300. of the new delhi municipal council act : the chairperson may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management or position of such ground.

section 298. of the new delhi municipal council act : 1 no person being a sweeper employed by the council shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one months notice to the chairperson or shall neglect or without reasonable cause refuse to perform his duties. 2 the council may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the council whose functions are intimately concerned with public health or safety.

section 308. of the new delhi municipal council act : 1 no person shall a in any public street or public place i ease himself or ii carry meat exposed to public view or iii picket animals or collect carts or iv being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place or v without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document or vi without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing or vii without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this act or the rules or byelaws made thereunder or viii without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm, waterdrain, flags or other materials of any such street, or any lamp bracket, directionpost, hydrant or waterpipe maintained by the council in any such street or place or extinguish a public light or ix carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the chairperson by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the chairperson, or fail to close such cart or receptacle when in use or b carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the chairperson by public notice or c deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the control and management of the council or d make any grave or burn or bury any corpse at any place not set apart for such purpose or e at any time or place at which the same has been prohibited by the chairperson by public or special notice, beat a drum or tomtom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music or f disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker or g let loose any animal so as to cause, or negligently allow any animal to cause injury, danger, alarm or annoyance to any person or h save with the written permission of the chairperson and in such manner as he may authorise, store or use nightsoil, cowdung, manure, rubbish or any other substance emitting an offensive smell or i use or permit to be used as a latrine or urinal any place not intended for that purpose. 2 every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place. 3 the owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper. 4 any animal found straying as aforesaid may be removed by an officer or employee of the council or by any police officer to a pound. 5 swine found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of the council appointed in this behalf.

section 301. of the new delhi municipal council act : 1 no place which has not been used as a burning or burial ground before the commencement of this act shall be so used without the permission in writing of the chairperson. 2 such permission may be granted subject to any conditions which the chairperson may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any person residing in the neighbourhood

section 302. of the new delhi municipal council act : 1 where the chairperson, after making or causing to be made local inquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the council, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice. 2 no corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section

section 307. of the new delhi municipal council act : 1 it shall be the duty of the father or mother of every child born in new delhi and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge of the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by byelaws made in this behalf. 2 it shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in new delhi and in default of such relation, of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his knowledge and belief to the registrar of the area within which the death place information containing such particulars as may be prescribed by byelaws made in this behalf. 3 if a birth or death occurs in the hospital, none of the persons mentioned in subsection 1 or, as the case may be, in subsection 2 shall be bound to give information required by that subsection, but it shall be the duty of the medical officer in charge of the hospital within twentyfour hours after the birth or death, to send to the officer authorised by the chairperson, a notice containing such particulars as may be prescribed by byelaws made in this behalf.

section 309. of the new delhi municipal council act : where the chairperson is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the power, lessee or occupier of the land or building, or any or more or these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.

section 304. of the new delhi municipal council act : whenever any animal in the charge of any person dies, the person in charge thereof shall within twentyfour hours either a convey the carcass to a place provided or appointed under section 263 for the final disposal of the carcasses of dead animals, or b give notice of the death to the chairperson whereupon he shall cause the carcass to be disposed of on such fee as may be prescribed by the council.

section 305. of the new delhi municipal council act : 1 notwithstanding anything contained in the registration of births and deaths act, 18 of , but subject to the provisions to this act and to any directions that the central government may give in this behalf, the officer specified in the official gazette by the chairperson, shall be the chief registrar of births and deaths for new delhi and shall keep in such form as may be prescribed by byelaws a register of all births and deaths occurring in new delhi. 2 the chairperson shall for the purposes of this chapter appoint an additional chief registrar and such number of persons to be registrars of births and deaths for new delhi as he deems necessary and define the respective areas which shall be under the charge of such registrars.

section 310. of the new delhi municipal council act : 1 the council may, by byelaws made in this behalf, a require the registration, by the registration authority appointed by the chairperson in this behalf of all dogs kept within new delhi b require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix and fee payable for the issue thereof c require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose and d fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week. 2 the chairperson may a cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies b by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly. 3 no damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section. 4 no one, being the owner or person in charge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which a he knows that the dog is likely to annoy or intimidate any person, or b the chairperson has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads. 5 no one shall a allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled or b set on or urge any dog or other animal to attack, worry or intimidate any person or c knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, fail or neglect to give immediate information of the fact to the chairperson or give information which is false.

section 311. of the new delhi municipal council act : the chairperson may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.

section 303. of the new delhi municipal council act : the chairperson may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground.

section 312. of the new delhi municipal council act : no person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire: provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.

section 306. of the new delhi municipal council act : the registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by byelaws made in this behalf.

section 313. of the new delhi municipal council act : no one shall discharge any firearm or let off fireworks or firebaloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.

section 320. of the new delhi municipal council act : 1 no person shall keep open for public use any market in respect of which a licence is required by or under this act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled. 2 when a licence to open a private market is granted or refused or is suspended or cancelled the chairperson shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

section 314., to be rendered safe. of the new delhi municipal council act : where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the chairperson, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the chairperson may by notice in writing require the owner or partowner or person claiming to be the owner or partowner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the chairperson, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

section 315. of the new delhi municipal council act : the chairperson may, by notice in writing, require the owner or partowner, or person claiming to be the owner or partowner of any land or building, or the lessee, or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.

section 317. of the new delhi municipal council act : 1 no person shall, without the general or special permission in writing of the chairperson, sell or expose for sale any animal or article in any municipal market. 2 any person contravening the provisions of subsection 1, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the chairperson or any officer or employee of the council authorised by the chairperson in this behalf.

section 316. of the new delhi municipal council act : 1 the chairperson, when authorised by the council in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens, and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter house, and may provide and maintain in any such markets buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. 2 municipal markets and slaughter houses shall be under the control of the chairperson who may, at any time, by public notice, close any municipal market, slaughter house or any part thereof.

section 318. of the new delhi municipal council act : 1 no place other than a municipal market shall be used as a market unless such place has been licensed as a market by the council. 2 no place other than a municipal slaughter house shall be used as a slaughter house: provided that nothing in this subsection shall be deemed i to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions noncompliance with which shall be punishable under this act as the chairperson may, by public or special notice, impose in this behalf, or ii to prevent the chairperson, with the sanction of the council, from setting apart place for the slaughter of animal in accordance with religious custom.

section 324., from markets. of the new delhi municipal council act : the chairperson may prevent the entry in any market and shall expel therefrom, any person suffering from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein and he may expel therefrom any person who is creating a disturbance therein.

section 319. of the new delhi municipal council act : 1 the chairperson may charge such fees as the council may prescribe in this behalf for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this act and any byelaws made thereunder. 2 when the council refuses to grant any licence, it shall record a brief statement of the reasons for such refusal. 3 the chairperson may, for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit, or cancel his licence. 4 a private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

section 321. of the new delhi municipal council act : no person knowing that market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

section 322. of the new delhi municipal council act : 1 no animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licensed private market without the permission of the chairperson. 2 any person contravening the provisions of subsection 1 and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the chairperson or any officer or employee of the council appointed by him in this behalf.

section 326., not to be established without permission of the chairperson. of the new delhi municipal council act : 1 no person shall, without the previous permission in writing of the chairperson, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. 2 the chairperson may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.

section 323. of the new delhi municipal council act : 1 the chairperson, with the previous approval of the council may a charge such stallages, rents and fees as may from time to time be fixed by him in this behalf i for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house ii for the right to expose articles for sale in a municipal market iii for the use of machines, weights, scales and measures provided for in any municipal market and iv for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter or b farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he thinks fit or c put up to public auction or dispose by the private sale the privilege of occupying or using any stall, shop, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit. 2 a copy of the table of stallages and fees, if any, chargeable in any municipal market in new delhi and of the byelaws made under this act for the purpose of regulating the use of such market printed in such language or languages as the chairperson may direct, shall be affixed in some conspicuous place in the market.

section 325. of the new delhi municipal council act : 1 no person shall without or otherwise than in conformity with a licence from the chairperson carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human consumption or use any place for the sale of flesh, fish or poultry intended for human consumption: provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in airtight or hermetically sealed receptacles. 2 the chairperson may order and subject to such conditions as to supervision and inspection as he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same. 3 every such licence shall expire at the end of the year for which it is granted or at such earlier date as the chairperson may, for special reasons, specify in the licence. 4 if any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the chairperson may stop the use thereof by such means as he may consider necessary. 5 i if the chairperson or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animals is being sold or exposed for sale, in any place or manner not duly authorised under this act, he may at any time by day or night without notice inspect such place for the purpose of satisfying himself as to whether any provision of this act or of any byelaw under this act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein. ii the chairperson may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under clause i of this subsection. iii if within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the chairperson or if the owner is convicted of an offence under this act in respect of such animal, carcass or flesh, the proceeds of any sale under clause i of this subsection shall vest in the council. iv any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this act may be arrested by any police officer without a warrant. v no claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for affecting such entry.

section 331., not to be used without licence from the chairperson. of the new delhi municipal council act : 1 no person shall, without or otherwise than in conformity with the terms of a licence granted by the chairperson in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place, where food is sold or prepared for sale. 2 the chairperson may at any time cancel or suspend any licence granted under subsection 1 if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any byelaw made in this behalf, whether the licensee is prosecuted under this act or not.

section 327. of the new delhi municipal council act : 1 no person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the chairperson in this behalf, namely: a any of the purposes specified in part i of the ninth schedule b any purpose which is, in the opinion of the chairperson dangerous to life, health or property or likely to create a nuisance c keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof or d storing any of the articles specified in part ii of the ninth schedule except for domestic use of any of those articles: provided that the council may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by byelaws in respect of any such articles shall be exempted from the operation of clause d. 2 in prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the chairperson may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes. 3 the council shall fix a scale of fees to be paid in respect of premises licensed under subsection 1: provided that no such fee shall exceed five hundred rupees.

section 328. of the new delhi municipal council act : 1 if any horses, cattle or other quardruped animals or birds are kept on any premises in contravention of the provisions of section 327, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the council, the chairperson or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the government or the council for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds: provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the chairperson in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 327. 2 whenever the chairperson is of opinion that the user or any premises for any of the purposes referred to in subsection 1 of section 327 is causing a nuisance and such nuisance should be immediately stopped, the chairperson may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the chairperson may himself or by an officer subordinate to him cause such user to be stopped. 3 without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this act

section 332. of the new delhi municipal council act : no person shall, without or otherwise than in conformity with the terms of a licence granted by the chairperson in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: provided that nothing in this section shall apply to private performances in any such place.

section 334. of the new delhi municipal council act : where the chairperson upon information in his possession is satisfied as respects any area a that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area and b that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the byelaws made in this behalf.

section 335. of the new delhi municipal council act : 1 an improvement scheme may provide for all or any of the following matters, namely: a the acquisition by agreement or under the land acquisition act, 1 of , of any property necessary for or affected by the execution of the scheme b the relaying out of any land comprised in the scheme c the redistribution of sites belonging to owners of property comprised in the scheme d the closure or demolition of buildings or portions of buildings unfit for human habitation e the demolition of obstructive buildings or portions thereof f the construction and reconstruction of buildings g the construction and alteration of streets h the water supply, street lighting, electric supply, drainage and other conveniences i the provision of open spaces for the benefit of any area comprised in the scheme j the sanitary arrangements required for the area comprised in the scheme k the provision of accommodation for any class of the inhabitants l the provision of facilities for communication m the sale, letting or exchange of any property comprised in the scheme n any other matter for which, in the opinion of the chairperson it is expedient to make provision with a view to the improvement of the area to which the scheme relates. 2 where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the central government under subsection 2 of section 336 the land is not acquired by the chairperson, the owner of the land may serve on the chairperson a notice requiring his interest in the land to be so acquired. 3 if the chairperson fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the chairperson or were not required to be kept as an open space.

section 329. of the new delhi municipal council act : 1 the chairperson may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in subsection 1 of section 327, which may be specified in such notice. 2 no objections to any such declaration shall be received after a period of one month from the publication of the notice. 3 the chairperson shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under subsection 1, with such modifications, if any, as he may think but not so as to extend its application. 4 every such declaration shall be published in the official gazette and in such other manner as the chairperson may determine, and shall take effect from the date of its publication in the official gazette. 5 no person shall, in any area specified in any declaration published under subsection 4 use any premises for any of the purposes referred to in section 327 specified in the declaration and the chairperson shall have the power to stop the use of any such premises by such means as he considers necessary.

section 333. of the new delhi municipal council act : if the chairperson is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.

section 330. of the new delhi municipal council act : no person shall, without or otherwise than in conformity with the terms of a licence granted by the chairperson in this behalf, a hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not b use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living

section 338. of the new delhi municipal council act : no improvement scheme or rehousing scheme framed under this chapter shall be valid unless such scheme is in conformity with the provisions of the master plan for delhi or a zonal development plan for new delhi or any part thereof.

section 336. of the new delhi municipal council act : 1 every improvement scheme shall, as soon as may be after it has been framed, be submitted by the chairperson for approval to the council and the council may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the chairperson to have a fresh scheme framed according to such directions. 2 no improvement scheme approved by the council under subsection 1 shall be valid unless it has been sanctioned by the central government.

section 337. of the new delhi municipal council act : the chairperson while framing an improvement scheme under this chapter for any area may also frame a scheme hereafter in this act referred to as the rehousing scheme for the construction, maintenance and management of such area and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

section 339., of licences and written permissions. of the new delhi municipal council act : 1 whenever it is provided in this act or any byelaw made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the chairperson or by the officer empowered to grant the same under this act or the byelaws made thereunder or by any officer authorised by the chairperson or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this act or any provision of any byelaw made thereunder a the date of the grant thereof b the purpose and the period if any for which it is granted c restrictions or conditions, if any, subject to which it is granted d the name and address of the person to whom it is granted and e the fee, if any, paid for the licence or written permission. 2 except as otherwise provided in this act or any byelaw made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the chairperson with the sanction of the council and such fee shall be payable by the person to whom the licence or written permission is granted. 3 save as otherwise provided in this act or any byelaw made thereunder any licence or written permission granted under this act any byelaw made thereunder may at any time be suspended or revoked by the chairperson or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions have been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this act or any byelaw made thereunder relating to any matter for which the licence or permission has been granted: provided that a before making any order of suspension or revocation reasonable opportunity shall be accorded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked b every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. 4 when any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this act or any byelaw made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. 5 every grantee of any licence or written permission granted under this act shall at all reasonable times, while such licence or written permission remains in force, if so required by the chairperson or the authority by whom it was granted, produce such licence or written permission.

section 345. of the new delhi municipal council act : when any place used as a human dwelling is entered under this act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.

section 340. of the new delhi municipal council act : the chairperson or any officer or other employee authorised in this behalf by him or empowered in this behalf by or under any provision of this act, rules, regulations or byelaws made thereunder, may enter into or upon any land or building with or without assistants and workmen a for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this act, rules, regulations or any byelaw made thereunder b for the purpose of ascertaining whether or not circumstances exist which would authorise or require the chairperson or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this act, rules, regulations or any byelaw made thereunder c for the purpose of taking any action or executing any work authorised or required by this act, rules, regulations or byelaws made thereunder d to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this act, rules, regulations or byelaws made thereunder or necessary for the proper administration of this act e generally for the purpose of efficient discharge of the functions by the council under this act, rules, regulations or any byelaw made thereunder.

section 346. of the new delhi municipal council act : no person shall obstruct or molest any person authorised or empowered by or under this act or any person with whom the council has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this act, rules, regulations or any byelaw made thereunder, or in fulfilment of his contract, as the case may be.

section 341. of the new delhi municipal council act : 1 the chairperson or any person authorised in this behalf by him or empowered in this behalf by or under any provision of this act, rules, regulations or byelaws made thereunder, may enter on any land within fifty metres of any work authorised by or under this act, rules, regulations or byelaws made thereunder with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same. 2 the person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose. 3 the person so authorised shall, in exercising any power conferred by this section, do as little damage as may be and compensation shall be payable by the council in accordance with byelaws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary.

section 342. of the new delhi municipal council act : 1 it shall be lawful for the chairperson or any person authorised in this behalf by him or empowered in this behalf by or, under any provision of this act, rules, regulations or byelaws made thereunder to make any entry into any place, and to open or cause to be opened any door, gate or other barrier a if he considers the opening thereof necessary for the purpose of such entry and b if the owner or occupier is absent or being present refuses to open such door, gate or barrier. 2 before making any entry into any such place, or opening or causing to be opened any such door, gate or other barrier, the chairperson or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.

section 347. of the new delhi municipal council act : every public notice given under this act, rules, regulations or any byelaw made thereunder shall be in writing under the signature of the chairperson or of any officer authorised in this behalf by him and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the chairperson may think fit.

section 343. of the new delhi municipal council act : save as otherwise provided in this act, rules, regulations or any byelaw made thereunder, no entry authorised by or under this act shall be made except between the hours of sunrise and sunset.

section 344. of the new delhi municipal council act : save as otherwise provided in this act, rules, regulations or any byelaw made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twentyfour hours written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 327 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human consumption is slaughtered in that place in contravention of this act or any byelaw made thereunder.

section 351., may be stamped. of the new delhi municipal council act : 1 every licence, written permission, notice, bill, summons or other document which is required by this act or any rule, regulation or byelaw made thereunder to bear the signature of the chairperson or of any officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the chairperson or officer, as the case may be, stamped thereupon. 2 nothing in subsection 1 shall be deemed to apply to a cheque drawn upon the new delhi municipal fund under section 46.

section 348. of the new delhi municipal council act : whenever it is provided by this act or any byelaw made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as the council may from time to time specify in this behalf: provided that if the council publishes a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.

section 349., of chairperson. of the new delhi municipal council act : whenever, under this act or any rule, regulation or byelaw made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the chairperson or of any municipal officer, a written document signed by the chairperson or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be sufficient evidence thereof.

section 350., to fix reasonable time. of the new delhi municipal council act : where any notice, bill, order or requisition issued or made under this act or any rule, regulation or byelaw made thereunder requires anything to be done for the doing of which no time is fixed in this act or the rule, regulation or byelaw, the notice bill, order or requisition shall specify a reasonable time for doing the same.

section 356. of the new delhi municipal council act : 1 if any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or the officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due upto the amount recoverable from the owner under section 355: provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the officer may recover from the occupier the whole amount recoverable under section 355 as an arrear of tax under this act. 2 any amount recovered from an occupier instead of from an owner under subsection 1, shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

section 353. of the new delhi municipal council act : 1 every notice, bill, summons order, requisition or other document required or authorised by this act or any rule, regulation or byelaw made thereunder to be served or issued by or on behalf of the council, or by the chairperson or any officer, of any person shall, save as otherwise provided in this act or such rule, regulation or byelaw, be deemed to be duly served a where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is either i sent by registered post, or ii delivered at the registered office or at the principal office or place of business of the company b where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either i sent by registered post, or ii delivered at the said place of business c where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society as its principal office, and is either i sent by registered post, or ii delivered at that office d in any other case, if the document is addressed to the person to be served and i is given or tendered to him, or ii if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the national capital territory of delhi, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or iii is sent by registered post to that person. 2 any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed the owner or the occupier, as the case may be, of that land or building naming that land or building without further name or description, and shall be deemed to be duly served a if the document so addressed is sent or delivered in accordance with clause d of subsection 1 or b if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. 3 where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner. 4 for the purpose of enabling any document to be served on the owner of any premises the chairperson may by notice in writing require the occupier of the premises to state the name and address of the owner thereof. 5 where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. 6 nothing in sections 351 and 352 and in this section shall apply to any summons issued under this act by a court. 7 a servant is not a member of the family within the meaning of this section

section 352., by whom to be served or issued. of the new delhi municipal council act : all notices, bills, summons and other documents required by this act or any rule, regulation or byelaw made thereunder to be served upon, or issued to, any person, shall be served or issued by municipal officers or other municipal employees or by other persons authorised by the chairperson.

section 354. of the new delhi municipal council act : notwithstanding anything contained in sections 352 and 353 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 353 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

section 358. of the new delhi municipal council act : 1 where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this act, or any byelaw made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose. 2 the burden of proving any fact entitling a receiver, agent or trustee to relief under subsection 1 shall lie upon him. 3 where any receiver, agent or trustee has claimed and established his right to relief under this section, the chairperson may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

section 355. of the new delhi municipal council act : in the event of noncompliance with the terms of any notice, order or requisition issued to any person under this act or any rule, regulation or byelaw made thereunder requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the chairperson on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this act.

section 357. of the new delhi municipal council act : whenever the owner of any land or building fails to execute any work which he is required to execute under this act, or any byelaw made thereunder, the occupier, if any, of such land or building may, with the approval of the chairperson, execute the said work and he shall, subject to any contract, between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

section 359. of the new delhi municipal council act : in any case not otherwise provided for in this act or in any byelaw made thereunder, the chairperson with the previous approval of the council, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this act or any byelaw in the chairperson or in any municipal officer or other municipal employee.

section 360. of the new delhi municipal council act : 1 any person who has been convicted of an offence against this act or any byelaw made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the council resulting from the said offence as the chairperson may consider reasonable. 2 in the event of a dispute regarding the amount of compensation payable under subsection 1 such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence and on nonpayment of the amount of compensation so determined the same shall be recovered under a warrant issued by the said magistrate as if it were a fine imposed by him on the person liable therefor

section 366. of the new delhi municipal council act : 1 the government may, by notification in the official gazette, prescribe what fee shall be paid a on any application, appeal or reference under this act or any byelaw made thereunder to the court of the district judge of delhi and b for the issue, in connection with any inquiry or proceedings before that court under this act or such byelaw, of any summons or other process: provided that the fee, if any, prescribed under clause a shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the courtfees act, 7 of , in cases in which the amount of the claim or subject matter is of a like amount. 2 the government may, by like notification, determine the person by whom the fee, if any, prescribed under clause a of subsection 1, shall be payable. 3 no application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor under clause a of subsection 1 has been paid: provided that the court may, in any case in which it thinks fit so to do, i receive an application, appeal or reference made by or on behalf of a poor person, and ii issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section.

section 361. of the new delhi municipal council act : 1 if, when the chairperson demands payment of any expenses referred to in section 355, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the chairperson shall refer the case for determination a to the appellate tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of noncompliance with any notice, order or requisition under sections 221, 229, 247, 248 and 249 b to the court of the district judge of delhi, in any other case. 2 the chairperson shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in section 355.

section 362. of the new delhi municipal council act : 1 where, in any case not provided for by section 361, the council or the chairperson or any officer or other employee is required by this act or by any byelaw made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the court of the district judge of delhi on an application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable. 2 if the amount of any expenses or compensation ascertained in accordance with subsection 1 is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it. 3 instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for same in any court of competent jurisdiction.

section 367. of the new delhi municipal council act : whenever any application, appeal or reference made under this act or any byelaw made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.

section 363. of the new delhi municipal council act : in any case not expressly provided for in this act or any byelaw made thereunder any sum due to the council on account of any charge, costs, expenses, fees, rates or rent or on any other account under this act or any such byelaw may be recoverable from any person from whom such sum is due as an arrear of tax under this act: provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due.

section 364. of the new delhi municipal council act : 1 the owner of any land or building may, if he is prevented by the occupier thereof from complying with a the provisions of section 221, section 229, section 247, section 248, section 249, or section 252, or any byelaw made thereunder or with any notice or order issued under any such provision apply to the appellate tribunal and b any other provision or any byelaw made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the district judge of delhi and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed. 2 the appellate tribunal or the court, as the case may be, on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier. 3 after eight days from the date of the order referred to in subsection 2, the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with the said provision or notice, order or requisition.

section 365. of the new delhi municipal council act : the procedure provided in the code of civil procedure, 5 of , in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of delhi under this act or any byelaw made thereunder.

section 375. of the new delhi municipal council act : 1 the government may appoint one or more metropolitan magistrates for the trial of offences against this act and against any rule, regulation or byelaw made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business. 2 such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this act or any rule, regulation of byelaw made thereunder. 3 such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from to time, be fixed by the government. 4 the council shall, out of the new delhi municipal fund, pay to the government the amounts of the salary, pension, leave and other allowances as fixed under subsection 3 together with all other incidental charges in connection with the establishments of the said magistrates. 5 each such magistrate shall have jurisdiction over the whole of new delhi. 6 for the purpose of the code of criminal procedure, 2 of , all municipal magistrates appointed under this act shall be deemed to be magistrates appointed under section 16 of the said code. 7 nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law.

section 368. of the new delhi municipal council act : the court of the district judge of delhi may a delegate, either generally or specially, to the court of an additional district judge, power to receive applications, appeals and references under this act or any rule, regulation or byelaw made thereunder, and to hear and determine such applications, appeals and references b with the approval of the government, make rules not inconsistent with this act or any rule, regulation or byelaw made thereunder, providing for any matter connected with the exercise of the jurisdiction conferred upon the court by this act which is not herein specifically provided for.

section 369. of the new delhi municipal council act : 1 whoever a contravenes any provision of any of the sections, subsections, clauses, provisos or other provisions of this act mentioned in the first column of the table in the tenth schedule or b fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, subsections, clauses, provisos or other provisions, shall be punishable i with fine which may extend to the amount or with imprisonment for a term which may extend to the period, specified in that behalf in third column of the said table or with both and ii in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of that table for every day during which such contravention or failure continues after conviction for the first such contravention or failure. 2 notwithstanding anything contained in subsection 1, whoever contravenes the provisions of subsection 1 of section 221, or subsection 1 of section 224, or subsection 1 of section 225 or subsection 1 of section 229 or section 244, in relation to any street which is a public street, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both. 3 any member, referred to in clauses b and d of subsection 1 of section 4, who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for the council, shall be deemed to have committed offence made punishable under section 168 of the indian penal code 45 of .

section 370. of the new delhi municipal council act : whoever, in any case in which a penalty is not expressly provided by this act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.

section 374. of the new delhi municipal council act : 1 the chairperson or any person authorised by him by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this act: provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the council or of the chairperson unless and until the same has been complied with so far as the compliance is possible. 2 where an offence has been compounded, the offender, if in custody shall be discharged, and no further proceedings shall be taken against him in respect to the offence so compounded.

section 372. of the new delhi municipal council act : the code of criminal procedure, 2 of shall apply to, a an offence under subsection 5 of section 217 or section 237 or subsection 1 of section 238 or subsection 1 of section 239 or section 247 or section 248 or section 249 or section 252 b an offence under subsection 1 of section 221 or subsection 1 of section 224 or subsection 1 of section 225 or subsection 1 of section 229 or section 244 in relation to any street which is a public street. as if it were a cognizable offence i for the purposes of investigation of such offence and ii for the purposes of all matters other than 1 matters referred to in section 42 of that code, and 2 arrest of a person, except on the complaint of, or upon information received from, such officer of the council, not being below the rank of a secretary as may be appointed by the chairperson: provided that no offence of the contravention of any condition subject to which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the chairperson which is compoundable on payment of any amount under the byelaws relating to buildings made under this act.

section 371. of the new delhi municipal council act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence has been committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm

section 373. of the new delhi municipal council act : save as otherwise provided in this act, no court shall proceed to the trial of any offence, a under subsection 5 of section 217 or section 237 or subsection 1 of section 238 or subsection 1 of section 239 or section 247 or section 248 or section 249 or section 252 except on the complaint of or upon information received from, such officer of the council, not being below the rank of a secretary as may be appointed by the chairperson. b under subsection 1 of section 221 or subsection 1 of section 224 or subsection 1 of section 225 or subsection 1 of section 229 or section 244, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, such officer of the council, not being below the rank of a secretary as may be appointed by the chairperson c other than those specified in clauses a and b except on the complaint of, or upon information received from the chairperson or a person authorised by him by a general or special order in this behalf.

section 376. of the new delhi municipal council act : all offences against this act or any rule, regulation or byelaw made thereunder, whether committed within or without the limits of new delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under this act by reason only of his being liable to pay any municipal tax or rate or benefited out of the new delhi municipal fund.

section 383., legal proceedings and obtain legal advice. of the new delhi municipal council act : 1 the chairperson may a take, or withdraw from, proceedings against any person who is charged with i any offence against this act or any rules, regulation or byelaw made thereunder or ii any offence which affects or is likely to affect any property or interest of the council or the due administration of this act or iii committing any nuisance whatsoever b contest or compromise any appeal against rateable value or assessment of any tax or rate c take, or withdraw from, compromise proceedings under sections 360, 361 and 362 for recovery of expenses or compensation claimed to be due to the council d withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person e defend any suit or other legal proceeding brought against the council or against the chairperson or a municipal officer or municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity f with the approval of the council admit or compromise any claim, suit or other legal proceeding brought against the council or against the chairperson or any officer or other employee in respect of anything done or omitted to be done as aforesaid g withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the chairperson on behalf of the council h institute and prosecute any suit or other legal proceeding, or with the approval of the council withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the council or the chairperson i obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the council to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal officer or other municipal employee.

section 377. of the new delhi municipal council act : no person shall be liable to punishment for any offence against this act or any rule, regulation or byelaw made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after a the date of the commission of the offence or b the date on which the commission or existence of such offence was first brought to the notice of the complainant.

section 378. of the new delhi municipal council act : if any person summoned to appear before a magistrate to answer a charge of an offence against this act or any rule, regulation or byelaw made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if a service of the summons is proved to his satisfaction, and b no sufficient cause is shown, for the nonappearance of such person.

section 379. of the new delhi municipal council act : the chairperson or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in new delhi, may complain to a municipal magistrate of the existence of any nuisance.

section 380. of the new delhi municipal council act : 1 upon the receipt of any complaint under section 379, the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order for abating, preventing, removing or remedying such nuisance and may direct the chairperson to put into force any of the provisions of this act or any byelaw made thereunder. 2 the magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint. 3 where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by subsection 1 and make such order as he considers necessary forthwith. 4 if the person directed to take action by an order under subsection 1 or subsection 2 fails to do so within the period specified in the order, the chairperson may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this act.

section 381. of the new delhi municipal council act : 1 any police officer, may arrest any person who commits in his view any offence against this act or against any rule, regulation or byelaw made thereunder if a the name and address of such person be unknown to him, and b such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. 2 no person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate for a period longer than twentyfour hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

section 382. of the new delhi municipal council act : it shall be the duty of all police officers, to give immediate information to the chairperson of the commission of, or the attempt to commit any offence against this act or any rule, regulation or byelaw made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority.

section 384. of the new delhi municipal council act : no suit or prosecution shall be entertained in any court against the council or against any municipal officer or other municipal employee or against any person acting under the order or direction of the chairperson or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this act or any rule, regulation or byelaw made thereunder.

section 391. of the new delhi municipal council act : 1 any power to make byelaws conferred by this act is conferred subject to the condition of the byelaws being made after previous publication and in the case of such byelaws being made by the council of their not taking effect until they have been approved by the government and published in the official gazette. 2 the government in approving a byelaw may make any change therein which appears to it to be necessary. 3 the government may, after previous publication of its intention, cancel any byelaw which it has approved, and thereupon the byelaw shall cease to have effect.

section 386. of the new delhi municipal council act : 1 any rule which the central government is empowered to make under this act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. 2 every rule made under this act and byelaws made by the central government under section 260 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or byelaws or both houses agree that the rule or byelaws, should not be made, the rule or byelaws, shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or byelaws.

section 387. of the new delhi municipal council act : 1 any regulation which may be made by the council under this act may be made by the central government within one year of the establishment of the council and any regulation so made may be altered or rescinded by the council in the exercise of its powers under this act. 2 no regulation made by the council under this act shall have effect until it has been approved by the central government and published in the official gazette.

section 385. of the new delhi municipal council act : 1 no suit shall be instituted against the council or against the chairperson or against any municipal officer or other municipal employee or against any person acting under the order or direction of the chairperson or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or byelaw made thereunder until the expiration of two months after notice in writing has been delivered at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered. 2 no suit, such as is described in subsection 1, shall unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises. 3 nothing in subsection 1 shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.

section 388. of the new delhi municipal council act : 1 subject to the provisions of this act, the council may, in addition to any byelaws which it is empowered to make by any other provision of this act, make byelaws to provide for all or any of the following matters, namely: a. byelaws relating to taxation 1 the maintenance of tax books and registers by the chairperson and the particulars which such books and registers should contain 2 the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same 3 the publication of rates of taxes as determined by the council from time to time 4 the requisition by the chairperson of information and returns from persons liable to pay taxes 5 the notice to be given to the chairperson by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this act 6 the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle 7 the submission of returns by persons liable to pay any tax under this act 8 the collection by the registrar or subregistrar of delhi appointed under the registration act, 16 of of the additional stamp duty payable to the council under this act, the periodical payment of such duty to the council and the maintenance by such registrar or subregistrar of separate accounts in relation thereto 9 any other matter relating to the levy, assessment, collection, refund or remission of taxes under this act. b. byelaws relating to water supply, drainage and sewage collection 1 the power of the chairperson to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water for purpose of business 2 the connection of supply pipes for conveying to any premises a supply of water from a municipal water works 3 the making and renewing connections with municipal water works 4 the power of the chairperson to take charge of private connections 5 the power of the chairperson to alter the position of connections 6 the equitable distribution of water supplied to occupiers 7 the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping 8 the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this act to be so defective that they cannot be effectively repaired 9 the provision and maintenance of meters when water is supplied by measurement 10 the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters 11 the maintenance of pipes cisterns and other water works 12 the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers 13 the regulation in any manner not specifically provided for in this act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works 14 the cleansing of drains 15 the prohibition of erection of buildings over drains without the permission of the chairperson 16 the connection of private drains with municipal drains 17 the location and construction of cesspools 18 the covering and ventilation of cesspools 19 the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains 20 the exclusion from trade effluent of all condensing water 21 the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the council would either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains 22 the maximum quantity of trade effluent which may without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains 23 the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent that is to say, that it is neither acid nor alkaline at the time of such discharge 24 the charges to be paid to the council by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof 25 the provision and maintenance of such an inspection chamber or mainhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises 26 the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains and the testing of such meters. c. byelaws relating to electric supply 1 all matters relating to the conduct and management in respect of electricity supply 2 the provisions for electric substations in new delhi. d. byelaws relating to streets 1 the closure of streets when any work is in progress and alternative passage during the progress of such work 2 the erections of a temporary nature during festivals 3 the setting up of hoards on buildings adjacent to streets during their construction or repair 4 the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition 5 the permission, regulation or prohibition or use or occupation of any street or place by it, itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation 6 any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made. e. byelaws relating to sanitation and public health 1 the position of latrines and urinals 2 the provision of air spaces between latrines and buildings or places used for various purposes 3 the whitewashing of buildings 4 the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health 5 the seizure of ownerless animals straying within the limits of new delhi and the regulation and control of pounds 6 the fixing and regulation of the use of public bathing and washing places 7 the prevention of the spread of dangerous disease 8 the segregation in or the removal or exclusion from any part of new delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease 9 the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water 10 the enforcement of compulsory vaccination and inoculation 11 the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the new delhi municipal fund 12 the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines. f. byelaws relating to vital statistics 1 the prescribing of qualifications of persons to be appointed as chief registrar, additional chief registrar and registrar under chapter xvi 2 the registration of births and deaths and marriages and taking of a census. g. byelaws relating to public safety and suppression of nuisances the regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this act. h. byelaws relating to markets, slaughter houses, trades and occupations 1 the days on, and hours during which any market or slaughter house may be kept open for use 2 the regulation of the design, ventilation and drainage of markets and slaughter house the materials to be used in the construction thereof 3 the keeping of markets and the slaughter house and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same 4 the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages 5 the setting apart of separate areas for different classes of article in market buildings and market places 6 the proper custody and care of animals for the keeping of which licences are granted under section 327 7 the regulation of the import of animals and flesh within new delhi 8 the rendering necessary of licences for the use of premises within new delhi as stables or cowhouses or as an accommodation for sheep, goat or buffalo and the fees payable, for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked 9 the regulation of sarais, hotels, hostels, guest houses, dak bungalows, lodging houses, boarding houses, buildings, letintenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort 10 the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom 11 the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards, hoarding and signposts 12 the fixation of a method for the sale of articles whether by measure, weight, piece or any other method 13 the procedure regarding the grant of permit to establish a factory, workshop or trade premises 14 the regulation of smoke in factories, workshops and trade premises 15 the regulation of sanitary conditions in factories, workshops, and trade premises 16 the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means 17 the prevention of nuisance in any market building, market place, or any factory, workshop or trade premises. i. byelaws relating to improvement 1 the form and content of an improvement scheme or a rehousing scheme 2 the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes 3 the local enquiries and other hearings that may be held before a scheme is framed, approved or sanctioned 4 the alteration of an improvement scheme or a rehousing scheme after approval and sanction. j. byelaws relating to miscellaneous matters 1 the circumstances and the manner in which owners of land or building in new delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this act or of any byelaws made thereunder, persons residing within or near new delhi 2 the maintenance of schools and the furtherance of education generally 3 the regulation and control of municipal dispensaries 4 the rendering necessary of licences a for the proprietors or drivers of hackneycarriages cyclerickshaws, thelas and rehries kept or plying for hire or used for hawking articles b for persons working as jobporters for the conveyance of goods 5 the classification of cinema theatres for the purpose of the third schedule 6 any other matter which is to be or may be prescribed by byelaws made under this act or in respect of which this act makes no provisions or makes insufficient provision and provision is, in the opinion of the council necessary for the efficient municipal government of new delhi. 2 any byelaw which may be made under subsection 1 may be made by the central government within one year of the establishment of the council, and any byelaw so made may be altered or rescinded by the council in exercise of its powers under subsection 1.

section 389. of the new delhi municipal council act : the central government shall cause every regulation made under this act and every byelaw made under section 388 to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or byelaw or both houses agree that the regulation or byelaw should not be made, the regulation or byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or byelaw.

section 390. of the new delhi municipal council act : 1 any byelaw made under this act may provide that a contravention thereof shall be punishable a with fine which may extend to five hundred rupees and b with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention c with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the chairperson or any municipal officer duly authorised in that behalf, by the person contravening the byelaw requiring such person to discontinue such contravention: provided that a contravention of any byelaw relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both. 2 any such byelaw may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

section 392. of the new delhi municipal council act : 1 a copy of all byelaws made under this act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of new delhi. 2 copies of all such byelaws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.

section 393. of the new delhi municipal council act : the central government may at any time require the chairperson a to produce any record, correspondence, plan or other document in his possession or under his control b to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the council c to furnish or obtain and furnish any report.

section 399. of the new delhi municipal council act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the government or any of its officers or by the chairperson or any other authority.

section 394. of the new delhi municipal council act : the central government may depute any person in the service of that government to inspect or examine any municipal department or office or any service or work undertaken by the council or any property belonging to the council and to report thereon and the council, the chairperson and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable time to the premises and properties of the council and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

section 395. of the new delhi municipal council act : if, whether on receipt of a report or on receipt of any information or report obtained under section 393 or section 394 or otherwise, the central government is of opinion, a that any duty imposed on the council by or under this act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner or b that adequate financial provision has not been made for the performance of any such duty, it may direct the council within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be, to make financial provision, to its satisfaction for the performance of the duty and the council shall comply with such direction: provided that unless in the opinion of the central government the immediate execution of such order is necessary, it shall before making any direction under this section give the council an opportunity of showing cause why such direction should not be made.

section 396. of the new delhi municipal council act : if, within the period fixed by a direction made under section 395, any action the taking of which has been directed under that section has not been duly taken, the central government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the new delhi municipal fund.

section 400. of the new delhi municipal council act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the government or any of its officers or by the chairperson or any other authority.

section 397. of the new delhi municipal council act : 1 the central government may give the council all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in the council or maintained wholly or partly by grants paid out of the new delhi municipal fund and in respect of such other matters as that government considers necessary and the council shall comply with all such directions. 2 it shall be lawful for any officer appointed by the central government in this behalf to inspect any such school and all reasonable facilities shall be given to such officer in connection with the inspection. 3 the central government, after considering the report of inspection made by such officer, may give the council such directions as it considers necessary and the council shall comply with such directions

section 398. of the new delhi municipal council act : 1 if, in the opinion of the central government, the council is not competent to perform, or persistently makes default a in the performance of, the duties imposed on it by or under this act or any other law, or exceeds or abuses its power or b fails to deliver efficient service to the public and generally in regard to the municipal administration or c to comply with the directions given to the council by the central government in regard to matters relating to clauses a and b, the central government may by an order published, together with a statement of the reasons therefor, in the official gazette, dissolve the council: provided that the council shall be given reasonable opportunity of being heard before its dissolution. 2 when the council is dissolved by an order under subsection 1 a all members shall, on the date of dissolution, vacate their offices as such members b during the period of dissolution of the council, all powers and duties conferred and imposed upon the council by or under this act or any other law, shall be exercised and performed by such officer or authority as the central government may appoint in that behalf and c all property vested in the council shall, until it is reconstituted, vest in the central government. 3 an order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each house of parliament and the legislative assembly of the national capital territory of delhi as soon as may be, after it has been made.

section 408., for loss, waste or misapplication of new delhi municipal fund or property. of the new delhi municipal council act : 1 every member, chairperson, and every municipal officer and other municipal employee shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the council with the previous sanction of the central government or by the government. 2 every such suit shall be instituted within three years after the date on which the cause of action arose.

section 402. of the new delhi municipal council act : a copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of the council or the chairperson shall, if duly certified by the legal keeper thereof or other person authorised by the chairperson in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

section 405. of the new delhi municipal council act : no person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this act or of any rule or byelaw made thereunder.

section 407. of the new delhi municipal council act : no person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in or on any land vested in the council or in any way obstruct the same.

section 401. of the new delhi municipal council act : no notice, order, requisition, licence, permission in writing or any other document issued under this act shall be invalid merely by reason of defect of form.

section 403. of the new delhi municipal council act : no municipal officer or other municipal employee shall, in any legal proceedings to which the council is not a party, be required to produce any register or document the contents of which can be proved under section 402 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

section 410. of the new delhi municipal council act : 1 as soon as may be after the first day of april in every year and not later than such date as may be fixed by the central government in this behalf, the council shall submit to that government a detailed report of the municipal government of new delhi during the preceding year in such form as that government may direct. 2 the chairperson shall prepare such report and the council shall consider it and forward the same to the central government with its resolution thereon, if any. 3 copies of the report shall be kept for sale at the municipal office.

section 404. of the new delhi municipal council act : no person shall obstruct or molest the council or the chairperson or the vicechairperson or any member or any person employed by the council or any person with whom the chairperson has entered into a contract on behalf of the council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this act or of any rule, regulation or byelaw made thereunder.

section 406. of the new delhi municipal council act : no person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the council or the chairperson or any municipal officer or other municipal employee specified by the chairperson in this behalf.

section 409. of the new delhi municipal council act : every member, the chairperson, and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of , and in the definition of legal remuneration in section 161 of that code the word government shall, for the purpose of this section, be deemed to include the council.

section 411. of the new delhi municipal council act : save as provided in this act nothing contained in this act shall be construed as authorising the disregard by the council or the chairperson or any municipal officer or other municipal employee of any laws for the time being in force.

section 412. of the new delhi municipal council act : the central government may, by order in the official gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this act, any diplomatic or consular mission of a foreign state or the high commission of a commonwealth country and any official of such mission or high commission.

section 418. of the new delhi municipal council act : notwithstanding anything contained in this act, the central government may, if necessary, appoint a person to be called the special officer, to exercise the powers and discharge the functions of the council until the day on which the first meeting of the council is held after the commencement of this act

section 413. of the new delhi municipal council act : after the establishment of the council any reference in any enactment, rule, byelaw, order, scheme, notification or other instrument having the force of law, to new delhi municipal committee shall, unless the context or subject otherwise requires, be construed as a reference to the council.

section 414. of the new delhi municipal council act : notwithstanding anything contained in any other provision of this act, the council may on such terms and conditions as may be determined by agreement between the council and any other authority, body or person, carry out any work which is not connected with its functions on agency basis.

section 419. of the new delhi municipal council act : 1 the new delhi municipal council ordinance, ordinance 8 of , is hereby repealed. 2 notwithstanding such repeal anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provision of this act.

section 415. of the new delhi municipal council act : if any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this act, or in giving effect to the provisions of this act, the central government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of two years from the date of establishment of the council.

section 416. of the new delhi municipal council act : 1 as from the date of the establishment of the council, the punjab municipal act, punjab act 3 of , as applicable to new delhi, shall cease to have effect within new delhi. 2 notwithstanding the provisions of subsection 1 of this section, a any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued, and any licence or permission granted under the act referred to in subsection 1 of this section and in force immediately before the establishment of the council, shall, in so far as it is not inconsistent with the provisions of this act continue in force and be deemed to have been made, issued or granted, under the provisions of this act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued or any licence or permission granted under the said provisions b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the new delhi municipal committee before the establishment of the council shall be deemed to have been incurred, entered into or engaged to be done by, with or for the council under this act c all budget estimates, assessments, valuations, measurements or divisions made by the new delhi municipal committee shall in so far as they are not inconsistent with the provisions of this act, continue in force and be deemed to have been made under the provisions of this act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the council under the said provisions d all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the new delhi municipal committee immediately before the establishment of the council shall with all rights of whatsoever description, use, enjoyed or possessed by new delhi municipal committee vest in the council e all rates, taxes, fees, rents and other sums of money due to the new delhi municipal committee immediately before the establishment of the council shall be deemed to be due to the council f all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the council continue to be levied at the same rate at which they were being levied by the new delhi municipal committee immediately before the commencement of this act g all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the new delhi municipal committee may be continued or instituted by or against the council.

section 417. of the new delhi municipal council act : 1 any expenditure incurred during the period between the commencement of this act and establishment of the council under any of the provisions of this act shall be borne by the central government and the amount of the expenditure so incurred shall on such establishment be recoverable by that government from out of the new delhi municipal fund. 2 if in respect of the period between the establishment of the council and the adoption of the first budget by the council further expenditure from the new delhi municipal fund becomes necessary over and above the expenditure thereto authorised for that year by the sanctioned budget estimate, the council shall adopt a supplementary statement showing the estimated amount of that expenditure. 3 every item of expenditure shown in the supplementary statements adopted by the council shall be deemed to be expenditure covered by a current budgetgrant within the meaning of section 47. 4 the supplementary statement shall be prepared, presented, and adopted in such manner and shall provide for such matter as may be determined by the council.

section 7. of the pensions act : nothing in sections 4 and 6 applies to 1 any inam of the class referred to in section 1 of madras act no. iv of 2 pensions heretofore granted by government in the territories respectively subject to the lieutenantgovernors of bengal and the northwestern provinces, either wholly or in part as an indemnity for loss sustained by the resumption by a native government of lands held under sanads purporting to confer a right in perpetuity. such pensions shall not be liable to resumption on the death of the recipient, but every such pension shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property. 1. i.e., inams of the classes described in el. 1, s. 2, mad. regulation 4 of , which have been, or shall be, enfranchised by the inam commissioner and converted into freeholds in perpetuity, or into absolute freeholds in perpetuity. the classes so described are hereditary or personal grants of money or of landrevenue, however, denominated, conferred by the authority of the governor in council or which, having been made by any native govt. have been confirmed or continued by the british govt.act 31 of in consideration of services rendered to the state or in lieu of resumed offices or privileges, or of zamindaris or paleiyams forfeited or held under attachment or management by the officers of govt., or as a yaumia or charitable allowance, or as a pension.

section 1. of the pensions act : this act may be called the 1pensions act, . extent of act. 2in so far as it relates to union pensions, it extends to the whole of india and in so far as it relates to other pensions, it extends to 3the whole of india except 4the territories which, immediately before the 1st november, , were comprised in part b states. 5 6 state amendment karnataka in section 1, for the entry under the heading extent of act, the following entry shall be substituted, namely: it extends to the whole of the state of karnataka. vide karnataka act 23 of , s. 4 1. it has been amended in its application to u. p. by u. p. act 12 of . rep. in part in west bengal by west bengal, act 7 of . the act has been extended to and brought into force in dadra and nagar haveli by reg. 6 of , s. 2 and the first schedule w.e.f. and extended to the whole of the union territory of lakshadweep by reg. 8 of , s. 3 and the schedule w.e.f. . the act has been repealed in its application to bellary district by mysore act 14 of . 2. subs, by act 20 of , s. 2, for it extend. 3. subs. by the a.o., for all the provinces of india which had been subs. by the a.o., for the whole of british india. 4. subs. by the adaptation of laws no. 2 order, , for part b states. 5. the words and it shall come into force on the date of the passing thereof rep, by act 10 of , s. 3 and the second schedule. 6. the words but not so as to affect any suit in respect of a pension or grant of money or landrevenue which may have been instituted before such date rep. by act 12 of , s. 2 and the first schedule.

section 2.. of the pensions act : enactments repealed. saving of rules. rep. by the repealing act, 1 of , s. 2 and the schedule.

section 6. of the pensions act : a civil court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such collector, deputy commissioner or other officer authorized in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of government to pay any such pension or grant as aforesaid is affected directly or indirectly.

section 3. of the pensions act : in this act, the expression grant of money or landrevenue includes anything payable on the part of government in respect of any right, privilege, perquisite or office.

section 8. of the pensions act : all pensions or grants by government of money or landrevenue shall be paid by the collector or the deputy commissioner or other authorized officer, subject to such rules as may, from time to time, be prescribed by the chief controlling revenueauthority. state amendment karnataka amendment of section 8.in section 8, for the words all pensions or grants the words save as otherwise provided in any law or any rule regulating grant and payment of pension to persons appointed to public services and posts in connection with the affairs of the state, all pensions or grants, shall be substituted and for the words chief controlling revenue authority the words appropriate government shall be substituted vide karnataka act 23 of , s. 4

section 4. of the pensions act : except as hereinafter provided no civil court shall entertain any suit relating to any pension or grant of money or landrevenue conferred or made by the 1government or by any former government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted. 1. subs. by the a.o. , as amended by c.o. 29, for british or.

section 3a. of the pensions act : 13a. definition.the expression the appropriate government means, in relation to 2 union pensions, the central government, and in relation to other pensions, the state government. 1. ins. by the a.o. . 2. sub. by the a.o. , for federal.

section 5. of the pensions act : any person having a claim relating to any such pension or grant may prefer such claim to the collector of the district or deputy commissioner or other officer authorized in this behalf by the 1 appropriate government, and such collector, deputy commissioner or other officer shall dispose of such claim in accordance with such rules as the chief revenue authority may, subject to the general control of the 2appropriate government, from time to time prescribe in this behalf. state amendment karnataka amendment of section 5.in section 5, of the words, any person having a claim, the words save as otherwise provided in any law or any rule regulating payment of pension to persons appointed to public services and posts in connection with the affairs of the state, any person having a claim shall be substituted and for the words as the chief revenue authority may, subject to the general control of the appropriate government, the words as the appropriate government may shall be substituted vide karnataka act 23 of , s. 4 1. subs. by the a.o. , for l. g.. 2. subs. by the a.o. , for l. g..

section 9. of the pensions act : nothing in sections 4 and 8 shall affect the right of a grantee of landrevenue, whose claim to such grant is admitted by government, to recover such revenue from the persons liable to pay the same under any law for the time being in force for the recovery of the rent of land.

section 10. of the pensions act : the 1appropriate government may, with the consent of the holder, order the whole or any part of his pension or grant of money et landrevenue to be commuted for a lump sum on such terms as may seem fit. 1. subs. by the a.o. , for l. g..

section 15. power of central government to make rules of the pensions act : show related subordinates 115. power of central government to make rules.the central government may, by notification in the official gazette, make rules to provide for all or any of the following matters, namely : a the manner and form in which any nomination may be made under section 12a and the manner and form in which such nomination may be cancelled or varied by another nomination b the manner in which provision may be made, for the purposes of the second proviso to section 12a, in any such nomination for conferring on some person other than the nominee the right to receive moneys payable to the nominee if such nominee predeceases the pensioner. 1. ins. by act 20 of , s. 3.

section 11. of the pensions act : 111. exemption of pension from attachment.no pension granted or continued by government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any court 2 at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a decree or order of any such court. 3this section applies 2 also to pensions granted or continued4 , after the separation of burma fromindia, by the government of burma. 1. see also s. 60, clause g of the code of civil procedure act 5 of . 2. the words in part a states and part c states omitted by the adaptation of laws no. 2 order, . the words part a states and part c states were subs. by the a.o. , for the provinces which had been subs. by the a.o. , for british india. 3. ins. by the a. o. . 4. i.e., on or after the 1st april, .

section 12., in anticipation of pension, to be void. of the pensions act : all assignments, agreements orders, sales, and securities of every kind made by the person entitled to any pension, pay or allowance mentioned in section 11, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.

section 16. of the pensions act : 116. laying of rules.every rule made by the central government under this act and every rule made under section 14 by a chief controlling revenue authority with the consent of the central government, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 20 of , s. 3.

section 12a. of the pensions act : show related subordinates 112a. nomination by pensioner to receive moneys outstanding on account of pension.notwithstanding anything contained in section 12 or in any other law for the time being in force, a any person to whom any pension mentioned in section 11 is payable by the government of india or out of the consolidated fund of india such person being hereinafter referred to as the pensioner may nominate any other person hereinafter referred to as the nominee, in such manner and in such form as may be prescribed by the central government by rules, to receive after the death of the pensioner, all moneys payable to the pensioner on account of such pension at, before or after the date of such nomination and which remain unpaid immediately before the death of the pensioner and b the nominee shall be entitled, on the death of the pensioner, to receive, to the exclusion of all other persons, all such moneys which have so remained unpaid: provided that if the nominee predeceases the pensioner, the nomination shall, so far as it relates to the right conferred upon the said nominee, become void and of no effect: provided further that where provision has been duly made in the nomination, in accordance with the rules made by the central government, conferring upon some other person the right to receive all such moneys, which have so remained unpaid, in the event of the nominee predeceasing the pensioner, such right shall, upon the decease as aforesaid of the nominee, pass to such other person. 1. ins. by act 20 of , s. 3.

section 13. of the pensions act : whoever proves to the satisfaction of the 1appropriate government that any pension is fraudulently or unduly received by the person enjoying the benefit thereof shall be entitled to a reward equivalent to the amount of such pension for the period of six months. 1. subs. by the a.o. , for l.g.

section 14. of the pensions act : 2in each state the chief controlling revenue authority may, with the consent of the 1appropriate government, from time to time make rules consistent with this act respecting all or any of the following matters : 1 the place and times at which, and the person to whom, any pension shall be paid 2 inquiries into the identity of claimants 3 records to be kept on the subject of pensions 4 transmission of such records 5 correction of such records 6 delivery of certificates to pensioners 7 registers of such certificates 8 reference to the civil court, under section 6, of persons claiming a right of succession to, or participation in, pensions or grants of money or landrevenue payable by government and generally for the guidance of officers under this act. all such rules shall be published in the official gazette, and shall thereupon have the force of law. state amendment karnataka amendment of section 14.in section 14, for the words, chief controlling revenue authority may with the consent of the appropriate government, the words appropriate government may shall be substituted. vide karnataka act 23 of , s. 4 1. subs. by the a.o. , for l.g. 2. ins., ibid.

section 3. of the king of oudhs estate act : this act shall take effect notwithstanding any testamentary or other disposition which may have been made by his late majesty, and notwithstanding any proceedings which may have been or may be instituted before any civil court for administering his estate or collecting the debts due to it, and any person who under any probate howsoever, has received or realised any portion of the estate of his late majesty shall be bound to account therefor to such officer as the governor general in council may appoint in this behalf.

section 2. of the king of oudhs estate act : the agent to the governor general with his late majesty, and all persons acting under his order, are hereby indemnified and discharged from liability in respect of all acts done by him or them since the twentieth day or september, , in connection with the preservation and administration of the estate of his late majesty, and no suit or other proceeding shall be instituted in any court against him or them, or against the secretary of state for india in council, in respect of those acts or any of them

section 1. of the king of oudhs estate act : 1 the governor general in council shall have exclusive authority to act in the administration of the property of whatever nature left by his late majesty the king of oudh in regard to the settlement and satisfaction of claims against the estate of his late majesty, and may make distribution of the remaining property or the proceeds thereof in such manner as he deems fit among the family and dependents of his late majesty. 2 no act of the governor general in council in connection with the administration to or distribution of the property left by his late majesty shall be liable to be questioned in any court.

section 4. of the parliamentary proceedings protection of publication act : this act shall apply in relation to reports or matters broadcast by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station situate within the territories to which this act extends as it applies in relation to reports or matters published in a newspaper.

The Parliamentary Proceedings (Protection of Publication) Act, 1977

section 3.publication of reports of parliamentary proceedings privileged of the parliamentary proceedings protection of publication act : 1 save as otherwise provided in subsection 2, no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either house of parliament, unless the publication is proved to have been made with malice. 2 nothing in subsection 1 shall be construed as protecting the publication of any matter, the publication of which is not for the public good.

section 1.short title, extent and commencement of the parliamentary proceedings protection of publication act : 1 this act may be called the parliamentary proceedings protection of publication act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 25th day of march, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2.definition of the parliamentary proceedings protection of publication act : in this act, newspaper means any printed periodical work containing public news or comments on public news, and includes a news agency supplying material for publication in a newspaper.

section 6a., from the commission. of the khadi and village industries commission act : 16a. removal of chairman, member, etc., from the commission. the central government may, by notification in the official gazette, remove from office any member of the commission who a is or becomes subject to any of the disqualifications mentioned in section 6 or b in the opinion of the central government has failed or is unable to carry out his duties or c absents himself from three consecutive meetings of the commission without the leave of the commission: provided that before issuing any such notification, the central government shall give an opportunity to the member concerned to show cause against such removal. 1. ins. by act 12 of , s. 6 w.e.f. .

section 1. of the khadi and village industries commission act : show related subordinates 1 this act may be called the khadi and village industries commission act, . 2 it extends to the whole of india except the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the khadi and village industries commission act : n this act, unless the context otherwise requires, a the board means the board constituted under 1 section 10 b chairman means the chairman of the commission c commission means the khadi and village industries commission established under section 4 2 cc fixed capital investment includes investment in plant and machinery and land and building of an industry d khadi means any cloth woven on handlooms in india from cotton, silk or woolen yarn handspun in india or from a mixture of any two or all of such yarns e member means a member of the commission 3 and includes the chairman 4 f prescribed means prescribed by rules made under this act 5 ff rural area means the area comprised in any village, and includes the area comprised in any town, the population of which does not exceed 6 twenty thousand or such other figure as the central government may specify from time to time 7 8 9 h village industry means, i any industry located in a rural area which produces any goods or renders any service with or without the use of power and in which the fixed capital investment per head of an artisan or a worker does not exceed 10one lakh rupees or such other sum as may, by notification in the official gazette, be specified from time to time by the central government: provided that any industry specified in the schedule and located in an area other than a rural area and recognised as a village industry at any time before the commencement of the khadi and village industries commission amendment act, 12 of , shall, notwithstanding anything contained in this subclause, continue to be a village industry under this act: 11 provided further that in the case of any industry located in a hilly area, the provisions of this this subclause shall have effect as if for the words one lakh rupees, the words one lakh and fifty thousand rupees steal. ii any other nonmanufacturing unit established for the sole purpose of promoting, maintaining, assisting, servicing including mother units or managing any village industry 1. subs. by act 36 of , s. 3 and the second schedule, for section 9 w.e.f. . 2. ins. by act 12 of , s. 2 w.e.f. . 3. subs. by act 32 of , s. 2, for and includes the chairman w.e.f. . 4. the words and the vicechairman omitted by act 12 of , s. 2 w.e.f. . 5. ins. by s. 2, ibid. w.e.f. . 6. subs. by act 10 of , s. 2, for ten thousand w.e.f. . 7. omitted by act 12 of , s. 2 w.e.f. . 8. omitted by s. 2, ibid. w.e.f. . 9. subs. by s. 2, ibid., for clause h w.e.f. . 10. subs. by act 10 of , s. 2, for fifteen thousand rupees w.e.f. . 11. the proviso ins. by act 10 of , s. 2 w.e.f. .

section 6. of the khadi and village industries commission act : a person shall be disqualified for being appointed as, and for being, a member of the commission a if he is, or is found to be a lunatic or a person of unsound mind or b if he has been adjudged insolvent or c if he has been convicted of an offence involving moral turpitude or d if he has any financial interest in any subsisting contract made with or in any work being done by the commission, except as a shareholder other than a director, in a company as defined in section 3 of the companies act, 1 of : provided that where he is a shareholder, he shall disclose to the central government, the nature and extent of shares held by him in such a company or e if he has any financial interest in any business undertaking dealing with or any other village industry specified or deemed to be specified in the schedule to the act.

section 7. of the khadi and village industries commission act : any member may resign his office by giving notice in writing to the central government and, on such resignation being notified in the official gazette by that government, shall be deemed to have vacated his office

section 3. of the khadi and village industries commission act : power to add to the schedule. omitted by khadi and village industries commission amendment act 12 of , s. 3 w.e.f. .

section 4. of the khadi and village industries commission act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, fix in this behalf, there shall be established a commission to be called the khadi and village industries commission which shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued. 1 1a save as otherwise provided under this act and the rules made thereunder, the exercise of all powers and discharge of all functions under this act, including general superintendence, direction and management of daytoday affairs of the commission, shall vest in the commission. 2 2 the commission shall consist of the following members appointed by the central government, namely: a six nonofficial members 3 having specialised knowledge and not less than ten years of experience of khadi or village industries and representing such six geographical zones of the country, as may be prescribed 4 b four nonofficial members of whom each member shall be from the following disciplines, namely: i one member having expert knowledge and experience in science and technology ii one member having expert knowledge and experience in marketing iii one member having expert knowledge and experience in rural development and iv one member having expert knowledge and experience in technical education and training. 5 ba the chairman of the state bank of india constituted under subsection 1 of section 3 of the state bank of india act, 23 of or an officer not below the rank of the deputy managing director as may be nominated by the chairman of the state bank of indiaex officio 6 c a chief executive officer, ex officio and d a financial adviser, who shall also be the chief accounts officer of the commission, ex officio. 7 3 the central government may appoint one of the members appointed under clause a of subsection 2 to be the chairman who shall be a fulltime member. 1. ins. by s. 3, ibid. w.e.f. . 2. subs. by act 12 of , s. 4, for subsections 2 and 3 w.e.f. . 3. subs. by act 10 of , s. 3, for having specialised knowledge and experience of khadi and village industries w.e.f. . 4. subs. by s. 3, ibid., for clause b w.e.f. . 5. ins. by s. 3, ibid. w.e.f. . 6. subs. by s. 3, ibid., for clauses c and d w.e.f. . 7. the proviso omitted by act 10 of , s. 3 w.e.f. .

section 5. of the khadi and village industries commission act : 15. powers and functions of the chief executive officer.21 subject to the provisions contained in subsection 1a of section 4, the chief executive officer, appointed under clause c of subsection 2 of section 4, shall exercise such powers and discharge such functions in respect of general superintendence over the affairs of the commission and its daytoday management, as may be prescribed. 1a without prejudice to the powers and functions referred to in subsection 1, the chief executive officer shall exercise such powers and discharge such functions under the general superintendence, direction and management of the commission. 2 the chief executive officer 3shall, in addition to exercise of the powers and discharge of the functions referred to in subsection 1, be responsible for the furnishing of all returns, reports and statements required to be furnished to the central government under section 24. 3 it shall be the duty of the chief executive officer to place before the commission for its consideration and decision any matter of financial import if the financial adviser suggests to him in writing that such matter be placed before the commission. 1. subs. by act 12 of , s. 5, for sections 5 and 6 w.e.f. . 2. subs. by act 10 of , s. 4, for subsection 1 w.e.f. . 3. subs. by s. 4, ibid., for shall be responsible w.e.f. .

section 10. of the khadi and village industries commission act : show related subordinates 11 for the purpose of assisting the commission in the discharge of its functions under this act, the central government may, by notification in the official gazette, constitute a board to be called the khadi and village industries board and such number of other members as the central government may think fit, chosen from among persons who, in the opinion of the central government, are qualified as having had experience, and shown capacity, in matters relating to the development of 2national khadi and village industries board. 32 the board shall, subject to the provisions of subsection 3, meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be prescribed 3 the board shall meet at least twice in a year.. 1. section 10 renumbered as subsection 1 thereof, by act 10 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for khadi and village industries board w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 11. of the khadi and village industries commission act : the commission shall ordinarily consult the board with respect to the discharge of its functions under this act.

section 12. of the khadi and village industries commission act : 1 the commission shall meet at such times and places and shall, subject to the provisions of subsections 2 and 3, observe such rules of procedure in regard to transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the commission under this act: provided that the commission shall meet at least once in every month. 12 the chairman or, in his absence, any member other than an ex officio member chosen by the members present from among themselves, shall preside at a meeting of the commission. 3 all questions at a meeting of the commission shall be decided by a majority of the 2votes of the members including ex officio members present and voting and in the case of an equality of votes, the chairman or, in his absence the person presiding shall have a second or casting vote. 1. subs. by act 12 of , s. 6, for subsection 2 w.e.f. . 2. subs. by act 10 of , s. 7, for votes of the members present w.e.f. .

section 5a. of the khadi and village industries commission act : 15a. powers and functions of the financial adviser.the financial adviser 2appointed under clause d of subsection 2 of section 4 shall be in charge of such financial matters of the commission including its budget, accounts and audit, as may be prescribed and it shall be the duty of the financial adviser to bring to the notice of the commission through the chief executive officer any matter of financial import, which, in his opinion, requires consideration and decision by the commission. 1. ins. by s. 5, ibid. w.e.f. . 2. subs. by s. 5, ibid., for certain words w.e.f. .

section 8., not to invalidate acts and proceedings of the commission. of the khadi and village industries commission act : no act or proceeding of the commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

section 12a. of the khadi and village industries commission act : 112a. zonal committee. 1 the commission shall constitute for each of the six geographical zones, referred to in clause a of subsection 2 of section 4, a zonal committee, which shall consist of the following, namely: a the nonofficial member representing the zone, referred to in clause a of subsection 2 of section 4, who shall be the chairman of the zonal committee constituted for respective zones b one representative of each of the state khadi and village industries boards of the states or, as case may be, the government of each state in the zone, to be notified by the central government in consultation with the state government concernedmember c the zonal deputy chief executive officer of the commission, who shall be the convener of the zonal committeemember d the state directors in charge of the commissions directorates for the states in the zonemember e a zonal or regional manager of one of the lead banks operating in the zonemember and f one representative of an institution of repute, working for at least ten years in the khadi or village industries sector and having a good record of performance, from each state in the zone, to be notified by the central governmentmember. 2 the zonal committee shall meet at such times and places and shall, subject to the provisions of subsection 3, observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at the meetings as may be provided by regulations made by the commission under this act: provided that the committee shall meet at least once in every three months. 3 the chairman of the zonal committee or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the committee. 4 the zonal committee shall generally function as a forum for consultation and, accordingly, inter alia, a act as a conduit for the dissemination of information relating to the programmes and schemes of the commission for the development of khadi and village industries in the zone b monitor, from time to time, the implementation of the programmes and schemes referred to in clause a c provide feedback to the commission on the problems and difficulties envisaged and suggestions made by banks, voluntary agencies, artisans and others engaged in the operation of programmes and schemes referred to in clause a. 1. ins. by s. 8, ibid. w.e.f. .

section 14. of the khadi and village industries commission act : show related subordinates 1 2 subject to such rules as may be made by the central government in this behalf, the commission commission may appoint such other officers and servants as it considers necessary for the efficient performance of its functions: 2 1. subsection 1, omitted by act 12 of , s. 8 w.e.f. . 2. the proviso and brackets and figure 2 omitted by s. 8, ibid. w.e.f. .

section 9. of the khadi and village industries commission act : show related subordinates 1 the commission may associate with itself in such manner and for such purposes as may be determined by regulations made under this act any persons whose assistance or advice it may desire in complying with any of the provisions of this act. 2 a person associated with it by the commission under subsection 1 for any purpose shall have the right to take part in the discussions of the commission relevant to that purpose, but shall not have the right to vote, and shall not be a member for any other purpose. 3 the central government may, by notification in the official gazette, depute one or more officers of the government to attend any meetings of the commission and to take part in the discussions of the commission, but such officer or officers shall not have the right to vote.

section 17. of the khadi and village industries commission act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the commission in each financial year such sums as may be considered necessary for the performance of the functions of the commission under this act.

section 13. of the khadi and village industries commission act : 113. term of office and conditions of service of the chairman and other members.1 every member of the commission, other than an ex officio member, shall hold office 2 at the pleasure of the central government which shall not exceed continuous period of five years: provided that the chairman shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2 the terms and conditions of service of the chairman, chief executive officer, financial adviser and other members shall be such as may be prescribed. 1. subs. by act 12 of , s. 7, for section 13 w.e.f. . 2. subs. by act 10 of , s. 9, for for a term of five years w.e.f. .

section 16. of the khadi and village industries commission act : in the discharge of its functions under this act, the commission shall be bound by such directions as the central government may give to it.

section 19b. of the khadi and village industries commission act : show related subordinates 119b. recovery of monies due to the commission as arrears of landrevenue.1 any sum payable to the commission under any agreement, express or implied, or otherwise howsoever, may be recovered in the same manner as an arrear of land revenue. 2 if any question arises whether a sum is payable to the commission within the meaning of subsection 1, it shall be referred to a tribunal constituted by the central government for the purpose which shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable an opportunity of being heard, decide the question and the decision of the tribunal shall be final and shall not be called in question by any court or other authority. 3 the tribunal shall consist of one person who is not connected with the commission or with the person by whom the sum is alleged to be payable. 4 the expenses of the tribunal shall be borne by the commission. 1. ins. by act 32 of , s. 11 w.e.f. .

section 15. of the khadi and village industries commission act : show related subordinates 115. functions of the commission.1 subject to the provisions of this act, the functions of the commission shall generally be to 2plan, promote, facilitate, organise and assist in the establishment and development of khadi and village industries in the rural area in coordination with other agencies engaged in rural development wherever necessary. 2 in particular, and without prejudice to the generality of the foregoing power, the commission may take such steps as it may think fit, a to 3plan and organise, directly or through specified agencies training of persons employed or desirous of seeking employment in khadi and village industries b to 4build up, directly or through specified agencies reserves of raw materials and implements and 5supply them or arrange supply of the raw materials and implements to persons engaged or likely to be engaged in production of handspun yarn or khadi or village industries at such rates as the commission may decide c to encourage and assist in the creation of common service facilities for the processing of raw materials or semifinished goods and for otherwise facilitating production and marketing of khadi or products of village industries d to promote the sale and marketing of khadi or products of village industries or handicrafts and for this purpose forge links with established marketing agencies wherever necessary and feasible e to encourage and promote research in the technology used in khadi and village industries, including the use of nonconventional energy and electric power with a view to increasing productivity, eliminating drudgery and otherwise enhancing their competitive capacity and to arrange for dissemination of salient results obtained from such research f to undertake directly or through other agencies studies of the problems of khadi or village industries g to 6provide financial assistance, directly or through specified agencies, to institutions or persons engaged in the development and operation of khadi or village industries and guide them through supply of designs, prototypes and other technical information for the purpose of producing goods and services for which there is effective demand in the opinion of the commission h to 7undertake, directly or through specified agencies, experiments, or pilot projects which in the opinion of the commission are necessary for the development of khadi and village industries i to establish and maintain separate organisations for the purpose of carrying out any or all of the above matters j to promote and encourage cooperative efforts among the manufacturers of khadi or persons engaged in village industries k to ensure genuineness and to set up standards of quality and ensure that products of khadi and village industries do conform to the said standards, including issue of certificates or letters of recognition to the concerned persons and l to carry out any other matters incidental to the above. 8explanation.for the purposes of clauses a, b, g and h of subsection 2, the expression specified agencies means the agencies which the central government may, by notification in the official gazette, specify in this behalf. 1 subs. by act 12 of , s. 9, for section 15 w.e.f. . 2 subs. by act 10 of , s. 10, for plan, promote, organise w.e.f. . 3 subs. by s. 10, ibid., for plan and organise w.e.f. . 4 subs. by s. 10, ibid., for build up w.e.f. . 5 subs. by s. 10, ibid., for supply them w.e.f. . 6 subs. by s. 10, ibid., for provide financial assistance w.e.f. . 7 subs. by s. 10, ibid., for undertake experiments w.e.f. . 8 the explanation ins. by act 10 of , s. 10 w.e.f. .

section 17a. of the khadi and village industries commission act : 117a. commission to receive gifts, grants, etc.the commission may, for the purpose of development of khadi, 2the development of village industries or the development of khadi and village industries, receive gifts, grants, donations or benefactions from the government or any other person. 1. ins. by act 32 of , s. 9 w.e.f. . 2. subs. by act 12 of , s. 10, for or the development of village industries w.e.f.

section 23. of the khadi and village industries commission act : 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral of india at such intervals as may be prescribed by him. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the commission shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission. 4 the accounts of the commission as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 20. of the khadi and village industries commission act : 1 the commission shall, by such date in each year as may be prescribed, prepare and submit to the central government for approval 1three separate budgets in the prescribed form for the next financial year, to be called the khadi budget 2, the village industries budget and the general and miscellaneous budget, showing the estimated receipts and expenditure in respect to khadi 3, village industries and products of handicrafts and khadi and village industries respectively during that financial year. 2 subject to the provisions of subsections 3 and 4, no sum shall be expended by or on behalf of the commission unless the expenditure is covered by a specific provision in the budget approved by the central government. 43 the commission may within the respective limits of the khadi budget, the village industries budget and the general and miscellaneous budget, sanction any reappropriation from one head of expenditure to another or from a provision made for one scheme to that in respect of another, but subject to the proviso to subsection 1 of section 18, in no case shall a reappropriation of fund be made from one budget to any of the other two budgets: provided that no reappropriation from the head loan to any other head of expenditure and vice versa in any of the budgets shall be sanctioned by the commission, except with the previous approval of the central government.. 4 the commission may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the central government under any head of expenditure or in connection with any particular scheme, so long as the aggregate amount in 5the budget approved by the central government is not exceeded. 1. subs. by act 12 of , s. 13, for two separate budgets w.e.f. . 2. subs. by s. 13, ibid., for and the village industries budget w.e.f. . 3. subs. by s. 13, ibid., for and village industries respectively w.e.f. . 4. subs. by s. 13, ibid., for subsection 3 w.e.f. . 5. subs. by s. 13, ibid., for either budget w.e.f. .

section 19. of the khadi and village industries commission act : subject to the provisions of section 20 the commission shall have power to spend such sums as it thinks fit on purposes authorised by this act: provided that nothing in this section shall be deemed to prevent the commission from spending, with the previous approval of the central government, such moneys, as it thinks fit on any such purpose outside the territories to which this act extends.

section 24. of the khadi and village industries commission act : 1 the commission shall furnish to the central government, at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of khadi and village industries, as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the commission shall, as soon as possible after the end of each financial year submit to the central government a report, in such form and before such date as may be prescribed, giving a true and full account of its activities, policy and programme during the previous financial year. 3 a copy of the report received under subsection 2 shall be laid before each house of parliament

section 18. of the khadi and village industries commission act : 11 the commission shall have stet separate funds to be called the the khadi fund, the village industries fund and the general and miscellaneous fund. 1a there shall be credited, a to the khadi fund, all sums received by the commission for the purposes relating to khadi. b to the village industries fund, all sums received by the commission for the purposes relating to village industries and products of handicrafts c to the general and miscellaneous fund, all other sums received by the commission: provided that if the amount available in any of the said funds is in excess 6f the requirements of that fund and the amount available in any other of the said funds is insufficient to meet the requirements of that fund, the commission may, with the previous approval of the central government, transfer from the first mentioned fund the excess amount or such part thereof as may be necessary to the other fund. explanation.for the purpose of computing the amount in any of the said funds, the amount received under section 17a shall not be taken into account. 1b the sums credited under subsection 1, a to the khadi fund, shall be applied for the purposes relating to khadi b to the village industries fund, shall be stet for the purposes relating to village industries and products of handicrafts c to the general and miscellaneous fund, shall be stet for the purposes relating to khadi and village industries and for meeting the salary, allowances and other remuneration of the members, officers and other employees of the commission and other administrative expenses of the commission. 2 except as otherwise directed by the central government, all moneys belonging to such funds shall be deposited in the reserve bank of india or with the agents of the reserve bank of india, or, where there is neither an office of the reserve bank of india nor an agent of the reserve bank of india, in a government treasury, or be invested in such securities as may be approved by the central government. 1. subs. by s. 11, ibid., for subsections 1, 1a and 1b w.e.f. .

section 19a. of the khadi and village industries commission act : 119a. standing finance committees.1 there shall be constituted from among the members of the commission in the prescribed manner, a standing finance committee in respect of each of the 2three funds referred to in section 18. 3provided that the chief executive officer and financial adviser shall be ex officio members of the standing finance committee in respect of each of the three separate funds referred to in subsection 1 of section 18,. 2 the standing finance committee shall exercise such of the powers of the commission under section 19 as are delegated to it by the commission. 1. ins. by act 32 of , s. 11 w.e.f. . 2. subs. by act 12 of , s. 12, for two funds w.e.f. . 3. the proviso ins. by act 10 of , s. 11 w.e.f. .

section 21. of the khadi and village industries commission act : subject to such rules as may be made in this behalf, the commission shall have power to borrow on the security of the khadi fund or the village industries fund or any other asset for any purposes for which such funds may be applied.

section 22. of the khadi and village industries commission act : all liabilities incurred, by all contracts entered into with, and all matters and things engaged to be done by, or for, the central government in connection with the development of khadi or village industries at any time after the 14th day of january, , and before the commencement of this act, shall, after such commencement, be deemed to have been incurred by, entered into with, or engaged to be done by, or for, the commission.

section 28. of the khadi and village industries commission act : 128. rules and regulations to be laid before parliament.every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. ins. by s. 16, ibid. w.e.f. .

section 24a. of the khadi and village industries commission act : 124a. exemption from liability to pay incometax. notwithstanding anything contained in the incometax act, 43 of , the commission shall not be liable to pay any incometax on its income, profits or gains. 1 ins. by act 29 of , s. 34 w.e.f. .

section 25. of the khadi and village industries commission act : show related subordinates 1 the central government may, by notification in the official gazette, direct that the commission shall be dissolved from such date as may be specified in the notification and thereupon the commission shall be deemed to be dissolved accordingly. 2 on and from the said date a all properties and funds which, immediately before the said date, were in the possession of the commission for the purposes of this act shall vest in the central government and b all members shall vacate their office as members of the commission. 13 any time after the issue of the notification under subsection 1, the central government may reestablish the commission in accordance with the provisions of section 4 and on and from the date of the reestablishment of the commission, the properties and funds which had previously vested in the central government under clause a of subsection 2 shall stand vested in the commission so reestablished. 1. ins. by act 10 of , s. 12 w.e.f.

section 26. of the khadi and village industries commission act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the manner of filling casual vacancies among the members of the commission and the terms and conditions of service of the chairman, the chief executive officer, the financial adviser and other members of the commission including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn by them when they are on tour 2aa the powers to be exercised and functions to be discharged by the chief executive officer under subsection 1 of section 5 ab the financial matters in respect of which the financial adviser shall be in charge under section 5a ac the transaction of business at the meetings of the board under subsection 2 of section 10 b 3the procedure to be followed in removing a member who is or becomes subject to any disqualification c the term of office and other conditions of service of, the procedure to be followed in the discharge of functions by, and the manner of filling casual vacancies among members of the board 4 5dd the constitution of the standing finance committees under subsection 1 of section 19 a ddd the procedure to be followed by the tribunal in deciding questions referred to it under subsection 2 of section 19b e the date by which, and the form in which, the budget shall be prepared and submitted in each year under subsection 1 of section 20 f the procedure to be followed for placing the commission in possession of funds g the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans h the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the commission i the form and manner in which the accounts of the commission shall be maintained under subsection 1 of section 23 j the form and manner in which the returns, reports or statements shall be submitted under section 23 and k any other matter which has to be, or may be, prescribed. 6 1. subs. by act 12 of , s. 14, for clause a w.e.f. . 2. ins. by act 10 of , s. 13 w.e.f. . 3. the words the disqualifications for membership of the commission and omitted by act 12 of , s. 14 w.e.f. . 4. omitted by s. 14, ibid. w.e.f. . 5. ins. by act 32 of , s. 13 w.e.f. . 6. omitted by act 12 of , s. 14 w.e.f. .

section 27. of the khadi and village industries commission act : show related subordinates 1 the commission may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, for enabling it to discharge its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the terms and conditions of appointment and service and the scales of pay of officers and servants of the commission, other than 1 the chief executive officer and the financial adviser to the commission, including payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the purpose of this act b the time and place of meetings of the commission, the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business at a meeting 2 ba the transaction of business at the meetings of the zonal committee under subsection 2 of section 12a 3 bb the summoning and holding of meetings, and the conduct of business of a standing finance finance committee c the delegation of powers and duties to 4 or any employee of the commission d the maintenance of minutes of meetings of the commission and of the board and the transmission of copies thereof to the central government e the persons by whom, and the manner in which, payments deposits and investments may be made on behalf of the commission f the custody of moneys required for the current expenditure of the commission and investment of moneys not so required g the maintenance of accounts and h the form in which certificates of genuineness of khadi and products of village industries may be granted by the commission 5 and the fees chargeable in respect thereof. 6 2a the power to make regulations under this section with respect to the terms and conditions of service and the scales of pay and pension to be paid to the employees of the commission shall include the power to give retrospective effect from a date not earlier than the commencement of this act, to such regulations or any of them but no retrospective effect shall be given to any such regulation so as to prejudicially affect the interest of any person to whom such regulation may be applicable. 3 the central government may, by notification in the official gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect. 1. subs. by act 12 of , s. 15, for clause a for the secretary w.e.f. . 2. ins. by act 10 of , s. 14 w.e.f. . 3. ins. by act 32 of , s. 14 w.e.f. . 4. the words the chief executive officer or omitted by act 10 of , s. 14 w.e.f. . 5. added by act 32 of , s. 14 w.e.f. . 6. ins. by act 12 of , s. 15 w.e.f. .

section 8. of the air force act : 1 whenever persons subject to this act are serving under an officer commanding any air force formation not in this section specifically named, and being, in the opinion of the central government, not less than a squadron, the said government may prescribe the officer by whom the powers which, under this act, may be exercised by air officers in charge of commands, and officers commanding groups, wings and squadrons shall, as regards such persons, be exercised. 2 the central government may confer such powers either absolutely, or subject to such restrictions, reservations, exceptions and conditions as it may think fit.

section 1. of the air force act : 1 this act may be called the air force act, . 2 it shall come into force on such date1 as the central government may by notification in the official gazette, appoint in this behalf. 1. 22nd july, , vide notification no. s.r.o. 124, dated 22nd july, see gazette of india, , part ii, sec. 4.

section 2. of the air force act : the following persons shall be subject to this act wherever they may be, namely: a officers and warrant officers of the air force b persons enrolled under this act 1c persons belonging to the regular air force reserve or the air defence reserve or the auxiliary air force, in the circumstances specified in section 26 of the reserve and auxiliary air forces act, 62 of d persons not otherwise subject to air force law, who, on active service, in camp, on the march, or at any frontier post specified by the central government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of the air force. 1. subs. by act 62 of , s. 35, for clause c w.e.f. .

section 4. of the air force act : in this act, unless the context otherwise requires. i active service, as applied to a person subject to this act, means the time during which such person a is attached to, or forms part of a force which is engaged in operations against an enemy, or b is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or c is attached to, or forms part of, a force which is in military occupation of any foreign country ii aircraft includes aeroplanes, balloons, lite balloons, airships, gliders or other machines for flying iii aircraft material includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol oil, and any other substance used for providing motive power for planes iv air force means officers and airmen who by their commission, warrant, terms of enrolment or otherwise, are liable to render continuously for a term air force service to the union in every part of the world or any specified part of the world, including persons belonging to1 any air force reserve or the auxiliary air force, when called out on permanent service v air force custody means the arrest or confinement of a person according to the usages of the service and includes military or naval custody vi air force law means the law enacted by this act and the rules made thereunder and includes the usages of the service vii air force reward includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward viii airman means any person subject to this act other than an officer ix air officer means any officer of the air force above the rank of group captain x air signal means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever xi chief legal adviser means a person appointed as such by2 the chief of the air staff to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith xii civil offence means an offence which is triable by a criminal court xiii civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force 3 xiv chief of the air staff means the officer commanding the air force xv commanding officer used in relation to a person subject to this act, means the officer for the time being in command of the unit or detachment to which such person belongs or is attached xvi courtmartial means a courtmartial held under this act xvii criminal court means a court of ordinary criminal justice in any part of india,4 xviii enemy includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to air force law to act xix the forces means the regular army, navy and air force or any part of any one or more of them xx noncommissioned officer means a person holding a noncommissioned rank or an acting noncommissioned rank in the air force, and includes any person holding a noncommissioned rank or an acting noncommissioned rank in 5any air force reserve or the auxiliary air force when subject to this act xxi notification means a notification published in the official gazette xxii offence means any act or omission punishable under this act, and includes a civil offence, as hereinbefore defined xxiii officer means a person commissioned, gazetted or in pay as an officer in the air force, and includes a an officer of 5any air force reserve or the auxiliary air force who is for the time being subject to this act b in relation to a person subject to this act when serving under such conditions as may be prescribed, an officer of the regular army or the navy, but does not include a junior commissioned officer, warrant officer, petty officer or noncommissioned officer xxiv prescribed means prescribed by rules made under this act xxv provostmarshal means a person appointed as such under section 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf xxvi regulation includes a regulation made under this act xxvii superior officer, when used in relation to a person subject to this act, includes a warrant officer and a noncommissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, warrant officer, petty officer and noncommissioned officer of the regular army or the navy xxviii unit includes a anybody of officers and airmen for which a separate authorised establishment exists b any separate body of persons subject to this act employed on any service and not attached to a unit as aforesaid c any other separate body of persons composed wholly or partly of persons subject to this act, and specified as a unit by the central government xxix warrant officer means a person appointed, gazetted or in pay as a warrant officer of the air force and includes an acting warrant officer, a master warrant officer, and a warrant officer of 5any air force reserve or the auxiliary air force who is for the time being subject to this act xxx 6all words except the word india and expressions used herein and defined in the indian penal code 45 of and not hereinbefore defined shall be deemed to have the meanings respectively assigned to them by that code. 1. subs by act 62 of , s. 35, for the indian air force volunteer reserve w.e.f. . 2. subs by act 19 of , s. 2 and the schedule, for commanderinchief w.e.f. . 3. subs by s. 2 and the schedule, ibid., for clause xiv w.e.f. . 4. the words other than the state of jammu and kashmir omitted by act 13 of , s. 2 w.e.f. . 5. subs. by act 62 of , s. 35, for indian air force volunteer reserve w.e.f. . 6. subs by act 13 of , s. 2, for all words w.e.f. .

section 7. of the air force act : 1 every person subject to this act, under clause d of section 2, shall, for the purposes of this act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, and if he is not so attached under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. 2 an officer commanding a force shall not place a person subject to this act under clause d of section 2 under the command of an officer of official rank inferior to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.

section 10. of the air force act : the president may grant, to such person as he thinks fit a commission as an officer or appoint any person as a warrant officer of the air force.

section 3. of the air force act : every person subject to this act under clauses a to c of section 2 shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service.

section 11. of the air force act : no person who is not a citizen of india shall, except with the consent of the central government signified in writing, be enrolled in the air force: provided that nothing contained in this section shall bar the enrolment of the subjects of nepal in the air force.

section 5. of the air force act : 1 the central government may, by notification, apply with or without modifications, all or any of the provisions of this act to any force raised and maintained in india and suspend the operation of any other enactment for the time being applicable to the said force. 2 the provisions of this act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this act holding in the air force the same or equivalent rank as the aforesaid persons hold for the time being in the said force. 3 the provisions of this act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this act under clause d of section 2. 4 while any of the provisions of this act apply to the said force, the central government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.

section 6. of the air force act : 1 the central government may, by notification, direct that any person or class of persons subject to this act under clause d of section 2, shall be so subject as officers, warrant officers or noncommissioned officers, and may authorise any officer to give a like direction and to cancel such direction. 2 all persons subject to this act other than officers, warrant officers and noncommissioned officers shall, if they are not persons in respect of whom a notification or direction under subsection 1 is in force, be deemed to be of rank inferior to that of a noncommissioned officer.

section 9. of the air force act : notwithstanding anything contained in clause i of section 4, the central government may, by notification, declare that any person or class of persons subject to this act shall, with reference to any area in which they may be serving or with reference to any provision of this act or of any other law for the time being in force, be deemed to be on active service within the meaning of this act.

section 12. of the air force act : no female shall be eligible for enrolment or employment in the air force, except in such corps, department, branch or other body forming part of, or attached to any portion of, the air force as the central government may, by notification, specify in this behalf: provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the air force or any branch thereof in which females are eligible for enrolment or employment.

section 13. of the air force act : upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him, in his presence, the conditions of the service for which he is to be enrolled and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this act, record or cause to be recorded his answer to each such question.

section 19. of the air force act : subject to the provisions of this act and the rules and regulations made thereunder, the central government may dismiss, or remove from the service any person subject to this act.

section 14. of the air force act : if, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

section 15. of the air force act : every person who has for the space of three months been in receipt of pay as a person enrolled under this act and been borne on the rolls of any unit shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this act or invalidate any proceedings, act or thing taken or done prior to his discharge.

section 17. of the air force act : 1 when a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed persons. 2 the form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the constitution of india as by law established, and that he will serve in the air force and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. 3 the fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation.

section 16. of the air force act : the following persons shall be attested, namely: a all persons enrolled as combatants b all persons selected to hold a noncommissioned or acting noncommissioned rank and c all other persons subject to this act as may be prescribed by the central government.

section 18. of the air force act : every person subject to this act shall hold office during the pleasure of the president.

section 20. of the air force act : 1 1the chief of the air staff may dismiss or remove from the service any person subject to this act other than an officer. 2 1the chief of the air staff may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer. 3 an officer having power not less than an air officer in charge of a command or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a warrant officer. 4 on active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any warrant officer or noncommissioned officer under his command. 5 1the chief of the air staff or an officer specified in subsection 3 may reduce to a lower class in the ranks any airman other than a warrant officer or noncommissioned officer. 6 the commanding officer of an acting noncommissioned officer may order him to revert to his substantive rank as a noncommissioned officer, or if he had no such substantive rank, to the ranks. 7 the exercise of any powers under this section shall be subject to the other provisions contained in this act and the rules and regulations made thereunder. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchiefw.e.f. .

section 21. of the air force act : subject to the provisions of any law for the time being in force relating to the air force or to any branch thereof, the central government may, by notification, make rules a restricting in such manner and to such extent as may be specified the right of any person subject to this act a to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations b to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes c to communicate with the press or to publish or cause to be published any book, letter or other document.

section 22. of the air force act : any person subject to this act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

section 23. of the air force act : every warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the english language setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the air force.

section 27. of the air force act : any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the central government in such manner as may from time to time be specified by the proper authority.

section 24. of the air force act : 1 any person enrolled under this act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of india, and requests to be sent to india, shall, before being discharged, be sent to india with all convenient speed. 2 any person enrolled under this act who is dismissed from the service and who, when he is so dismissed, is serving out of india, shall be sent to india with all convenient speed. 3 where any such person as is mentioned in subsection 2 is sentenced to dismissal combined with any other punishment, such other punishment or, in the case of a sentence of transportation, imprisonment or detention, a portion of such sentence may be inflicted before he is sent to india. 4 for the purposes of this section, the word, discharge shall include release, and the word dismissal shall include removal.

section 25. of the air force act : the pay of every person subject to this act due to him as such under any regulation, for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other act.

section 29. of the air force act : 1 no person subject to this act shall, so long as he belongs to the forces be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. 2 the judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. 3 for the recovery of such costs no courtfee shall be payable by the complainant.

section 26. of the air force act : 1 any airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or orders he is serving and may, if attached to a unit or detachment, complain to the officer commanding the same. 2 when the ofbrficer complained against is the officer to whom any complaint should, under subsection 1, be preferred, the aggrieved airman may complain to such officers next superior officer, and if he thinks himself wronged by such superior officer, he may complain to 1the chief of the air staff. 3 every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant or, when necessary, refer the complaint to superior authority. 4 every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. 5 the central government may revise any decision by a 1the chief of the air staff under sub section 2, but subject thereto, the decision of 1the chief of the air staff shall be final. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 28. of the air force act : the arms, clothes, equipment, accoutrements or necessaries of any person subject to this act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.

section 30. of the air force act : 1 no presiding officer or member of a courtmartial, no judge advocate, no party to any proceeding before a courtmartial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a courtmartial shall, while proceeding to, attending, or returning from, a courtmartial, be liable to arrest under civil or revenue process. 2 if any such person is arrested under any such process, he may be discharged by order of the courtmartial.

section 31. of the air force act : every person belonging to 1any air force reserve or the auxiliary air force shall, when called out for, or engaged in, or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this act. 1. subs. by the act 62 of , s. 35, for the air force reserve w.e.f. .

section 37. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes, or conspires, with any other persons to cause, any mutiny in the military, naval or air forces of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer or e endeavours to seduce any person in the military, naval or air forces of india from his duty or allegiance to the union, shall, on conviction by courtmartial, be liable to suffer death or such less punishment as is in this act mentioned.

section 32. of the air force act : 1 on the presentation to any court by or on behalf of any person subject to this act of a certificate, from the proper air force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. 2 the certificate from the proper air force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. 3 no fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case. 4 where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. 5 if in any case a question arises as to the proper air force authority qualified to grant such certificate as aforesaid. such question shall be at once referred by the court to an officer having power not less than a group commander or equivalent commander whose decision shall be final.

section 33. of the air force act : the rights and privileges specified in the preceding sections of this chapter shall be in addition to any others conferred on persons subject to this act or on members of the regular army, navy and air force generally by any other law for the time being in force.

section 34. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act or b intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy or c in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice or d treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the union or e directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or f treacherously or through cowardice sends a flag of truce to the enemy or g in time of war or during any air force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency or h in time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave or i having been made a prisoner of war, voluntarily serves with or aids the enemy or j knowingly harbours or protects an enemy not being a prisoner or k being a sentry in time of war or alarm, sleeps upon his post or is intoxicated or l knowingly does any act calculated to imperil the success of the military, naval or air forces of india or any forces cooperating therewith or any part of such forces or m treacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the forces or n treacherously uses any false air signal or alters or interferes with any air signal or o when ordered by his superior officer or otherwise under orders to carry out any air force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect, shall, on conviction by courtmartial, be liable to suffer death or such less punishment as is in this act mentioned.

section 36. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a forces a safeguard, or forces or uses criminal force to a sentry or b breaks into any house or other place in search of plunder or c being a sentry sleeps upon his post, or is intoxicated or d without orders from his superior officer leaves his guard, piquet, patrol or post or e intentionally or through neglect occasions a false alarm in camp or quarters or spreads reports calculated to create unnecessary alarm or despondency or f makes known the parole, watchword or countersign to any person not entitled to receive it or knowingly gives a parole, watchword or countersign different from what he received or g without due authority alters or interferes with any air signal shall, on conviction by courtmartial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 35. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so or b without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer or c without due authority sends a flag of truce to the enemy or d negligently causes the capture or destruction by the enemy of any aircraft belonging to the government or. e when ordered by his superior officer, or otherwise under orders to carry out any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 41. of the air force act : 1 any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by courtmartial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned and if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 42. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer or b uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not this superior officer or c resists an escort whose duty it is to apprehend him or to have him in charge or d breaks out of barracks, camp or quarters or e neglects to obey any general, local or other order or f impedes the provostmarshal or any person lawfully acting on his behalf or, when called upon, refuses to assist in the execution of his duty a provostmarshal or any person lawfully acting on his behalf or g uses criminal force to or assaults any person bringing provisions or supplies to the forces, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clausesd and e to two years, and in the case of the offences specified in the other clauses to ten years or such less punishment as is in this act mentioned.

section 43. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a without having obtained a regular discharge from the air force or otherwise fulfilled the conditions enabling him to enroll or enter, enrolls himself in, or enters the said force or any part of the military or the naval forces of india or b is concerned in the enrolment in any part of the forces, of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this act, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 39. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a absents himself without leave or b without sufficient cause overstays leave granted to him or c being on leave of absence and having received information from proper authority that any unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay or d without sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty or e when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march or f when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer or g without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 38. of the air force act : 1 any person subject to this act who deserts or attempts to desert the service shall on conviction by courtmartial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this act mentioned and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act who knowingly harbours any such deserter shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 3 any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 40. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to, or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer, shall, or, conviction by courtmartial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of an offence specified in clause c, the imprisonment shall not exceed five years.

section 47. iiitreating a subordinate of the air force act : any officer, warrant officer or noncommissioned officer, who uses criminal force to or otherwise illtreats any person subject to this act, being his subordinate in rank or position, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 45. unbecoming conduct of the air force act : any officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned and if he is a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned.

section 46. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 44. of the air force act : any person having become subject to this act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 48. of the air force act : 1 any person subject to this act who is found in a state of intoxication, whether on duty or not, shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned and if he is not an officer, be liable, subject to the provisions of subsection 2, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned. 2 where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.

section 50. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation or b having committed a person to air force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within fortyeight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 49. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a when in command of a guard, piquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge or refuses to receive any prisoner or person so committed or b wilfully or without reasonable excuse allows to escape any person who is committed to his charge or whom it is his duty to keep on guard shall, on conviction by courtmartial, be liable, if he has acted, willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he has not acted willfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 55. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a destroys or injures any property mentioned in clause a of section 54, or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to the air force, or b commits any act which causes damage to, or destruction of, any property of the government by fire or c kills, injures, makes away with, illtreats or loses any animal entrusted to him shall, on conviction by courtmartial, be liable, if he has acted willfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he has acted without reasonable excuse to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 51. of the air force act : any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 52. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or injures any property of the government entrusted to him or f does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 58. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the government fraudulently leaves in blank any material part for which his signature is a voucher or b refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 53. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a commits extortion or b without proper authority extracts from any person money, provisions or services shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 54.making away with equipment of the air force act : any person subject to this act who commits any of the following offences, that is to say, a makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him or b loses by neglect anything mentioned in clause a or c sells, pawns, destroys or defaces any medal or decoration granted to him shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause a to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this act mentioned.

section 60.false evidence of the air force act : any person subject to this act who, having been duly sworn or affirmed before any courtmartial or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 57. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 62. offences in relation to aircraft and flying of the air force act : any person subject to this act who commits any of the following offences, that is to say, a wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the government or b is guilty of any act or neglect likely to cause such damage, destruction or loss or c without lawful authority disposes of any aircraft or aircraft material belonging to the government or d is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person or e during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral state, or the destruction in a neutral state, of any aircraft belonging to the government shall, on conviction by courtmartial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 56. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 59. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a courtmartial to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a courtmartial to be produced or delivered by him or d refuses when a witness to answer any question which he is by law bound to answer or e is guilty of contempt of courtmartial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 63. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a signs any certificate in relation to an aircraft material belonging to the government without ensuring the accuracy thereof or b being the pilot of an aircraft belonging to the government, flies it at a height less than such height as may be specified by 1the chief of the air staff, except while taking off or landing, or in such other circumstances as may be specified by 1the chief of the air staff or c being the pilot of an aircraft belonging to the government, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief, w.e.f. .

section 61. of the air force act : any officer, warrant officer or noncommissioned officer who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 64. of the air force act : any person subject to this act who, whatever his rank, commits any of the following offences, that is to say, a while he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this act or not, as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof or b being the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this act or not, as respects all matters aforesaid shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 65. of the air force act : any person subject to this act who is guilty of any act or omission which though not specified in this act, is prejudicial to good order and air force discipline shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 72. of the air force act : a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this act and shall not be tried by a courtmartial, unless he commits any of the said offences a while on active service, or b at any place outside india, or c at a frontier post specified by the said government by notification in this behalf. 1 1. the explanation omitted by act 13 of , s. 2 w.e.f. .

section 67. of the air force act : any person subject to this act who attempts to commit any of the offences specified in sections 34 to 66 inclusive, and in such attempt does any act towards the commission of the offence shall, on conviction by courtmartial, where no express provision is made by this act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 66. of the air force act : any person subject to this act who commits any of the following offences, that is to say, a being in command at any post or on the march, and receiving a complaint that any one under this command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority or b by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person or c attempts to commit suicide, and in such attempt does any act towards the commission of such offence or d being below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon or e directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service or f commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 69. of the air force act : any person subject to this act who abets the commission of any of the offences punishable with death under sections 34, 37 and subsection 1 of section 38 shall, on conviction by courtmartial, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 68. of the air force act : any person subject to this act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, shall, on conviction by courtmartial, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned.

section 70. of the air force act : any person subject to this act who abets the commission of any of the offences specified in sections 34 to 66 inclusive and punishable with imprisonment shall, on conviction by courtmartial, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 75. of the air force act : a sentence of a courtmartial may award in addition to, or without any one other punishment, the punishment specified in clause e or clause f of section 73 and any one or more of the punishments specified in clauses g to m of that section.

section 71. civil offences of the air force act : subject to the provisions of section 72, any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a courtmartial and, on conviction, be punishable as follows, that is to say, a if the offence is one which would be punishable under any law in force in india with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned and b in any other case, he shall be liable to suffer any punishment other than whipping assigned for the offence by any law in force in india, or imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 76. cashiering of officers of the air force act : an officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses a to c of section 73.

section 78. position of field punishment in scale of punishments of the air force act : field punishment shall for the purpose of commutation be deemed to stand next below dismissal in the scale of punishments specified in section 73.

section 74. of the air force act : subject to the provisions of this act, a courtmartial may, on convicting a person subject to this act of any of the offences specified in sections 34 to 70 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 73, regard being had to the nature and degree of the offence.

section 73. of the air force act : punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by courtsmartial according to the scale following, that is to say, a death b transportation for life or for any period not less than seven years, in respect of civil offences c imprisonment, either rigorous or simple, for any period not exceeding fourteen years d detention for a term not exceeding two years in the case of airmen e cashiering, in the case of officers f dismissal from service g reduction to the ranks or to a lower rank or classification, in the case of warrant officers and noncommissioned officers: provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as an airman h forfeiture of seniority of rank, in the case of officers, warrant officers and noncommissioned officers and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service i forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose j severe reprimand or reprimand, in the case of officers, warrant officers and noncommissioned officers k forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service l forfeiture, in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal m stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.

section 77. of the air force act : 1 where any person subject to this act and under the rank of warrant officer commits any offence on active service, shall be lawful for a courtmartial to award for that offence any such punishment as is prescribed as a field punishment. 2 field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb and shall not include flogging.

section 84. of the air force act : 1 an award of punishment under section 82 shall not include field punishment in addition to one or more of the punishments specified in clauses a and b of that section. 2 in the case of an award of two or more of the punishments specified in clauses a, b and c of the said section, the punishment specified in clause b or clause c shall take effect only at the end of the punishment specified in clause a. 3 when two or more of the punishments specified in the said clauses a and b are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days. 4 the punishments specified in clauses a, b, c, e, g and j of section 82 shall not be awarded to any person who is of the rank of noncommissioned officer or was, at the time of committing the offence for which he is punished, of such rank. 5 the punishments specified in clause f of the said section shall not be awarded to any person below the rank of a noncommissioned officer.

section 79.result of certain punishments in the case of a warrant officer or a noncommissioned officer of the air force act : a warrant officer or a noncommissioned officer sentenced by a courtmartial to transportation, imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.

section 85.punishments in addition to those specified in section 82 of the air force act : 1the chief of the air staff may, with the consent of the central government, specify such other punishments as may be awarded under section 82 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchiefw.e.f. .

section 80. of the air force act : when, on active service, any enrolled person has been sentenced by a courtmartial to dismissal, or to transportation, imprisonment or detention, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks and such service shall be reckoned as part of his term of transportation, imprisonment or detention, if any.

section 81. punishments otherwise than by courtmartial of the air force act : punishments may, also be inflicted in respect of offences committed by persons, subject to this act without the intervention of a courtmartial and in the manner stated in sections 82 and 86.

section 86. of the air force act : an officer having power to convene a general courtmartial or such other officer as is, with the consent of the central government, specified by 1the chief of the air staff may, in the prescribed, manner proceed against an officer below the rank of squadron leader or warrant officer, who is charged with an offence under this act, and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a courtmartial b severe reprimand or reprimand c stoppage of pay and allowance until any proved loss or damage occasioned by the offence of which he is convicted is made good but subject to the right of the accused specified in clause a d forfeiture of pay and allowances for a period not exceeding three months for an offence under clause e of section 42 in so far as it consists of neglect to obey flying orders or under section 62 or section 63. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchiefw.e.f. .

section 82. of the air force act : subject to the provisions of section 84, a commanding officer or such other officer as is, with the consent of the central government, specified by 1the chief of the air staff, may, in the prescribed manner, proceed against a person subject to this act otherwise than as an officer or warrant officer who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say, a detention up to twentyeight days b confinement to the camp up to fourteen days c extra guards or duties not exceeding three in number: d deprivation of acting rank e forfeiture of badge pay f severe reprimand or reprimand g fine up to fourteen days pay in any one month h penal deductions under clause g of section 92 i admonition j any prescribed field punishment up to twentyeight days, in the case of a person on active service. 1. subs by act 19 of , s. 2 and the schedule, for the commanderin chief w.e.f. .

section 83. requirement of sanction in certain cases of the air force act : 1 subject to the provisions of subsection 2, the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service or under any of the sections 37, 38, 40, 42 f and g, 43, 47, 52, 60, 62, 63, 64, 66a, b and c and 71 except with the previous sanction in writing of an officer having power to convene a district courtmartial. 2 the said punishments may be awarded without such sanction in the case of any offence other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.

section 87. of the air force act : in every case in which punishment has been awarded under section 86, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior air force authority as defined in section 89.

section 94. of the air force act : in the case of any person subject to this act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial in the charge against him, in order to give effect to the provisions of clause b of sections 91 and 92.

section 89. superior air force authority of the air force act : for the purposes of sections 87 and 88, a superior air force authority means a in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer b in the case of punishments awarded by any other authority, the central government, 1the chief of the air staff or other officer specified by 1the chief of the air staff. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 88.review of proceedings of the air force act : if any punishment awarded under section 86 appears to a superior air force authority as defined in section 89 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

section 90. of the air force act : 1 whenever any weapon or part of a weapon forming part of the equipment of a unit or detachment is lost or stolen, the officer commanding such unit or detachment may, after obtaining the report of a court of inquiry, impose a collective fine upon the warrant officers, noncommissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss, or theft. 2 such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.

section 95. of the air force act : the total deductions from the pay and allowances of a person made under clauses e and g to i of section 92 shall not, except where he is sentenced to dismissal, exceed in any one month onehalf of his pay and allowances for that month.

section 92. deductions from pay and allowances of airmen of the air force act : subject to the provisions of section 95, the following penal deductions may be made from the pay and allowances of an airman, that is to say, a all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or a courtmartial, or of detention, or field punishment awarded by a courtmartial or an officer exercising authority under section 82 b all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a courtmartial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exercising authority under section 82 c all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this act committed by him d for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the central government or by such officer as may be specified by that government e all pay and allowances ordered by a courtmartial or by an officer exercising authority under section 82 or section 86 to be forfeited or stopped f all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy g any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property as may be awarded by his commanding officer h any sum require to pay a fine awarded by a criminal court, a courtmartial exercising jurisdiction under section 71, or an officer exercising authority under section 82 or section 90. i any sum required by order of the central government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child.

section 91. of the air force act : the following penal deductions may be made from the pay and allowances of an officer, that is to say, a all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the central government b all pay and allowances for everyday while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a courtmartial or by an officer exercising authority under section 86 c any sum required to make good the pay of any person subject to this act which he has unlawfully retained or unlawfully refused to pay d any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the courtmartial by whom he is convicted of such offence, or by an officer exercising authority under section 86 e all pay and allowances ordered by a courtmartial or an officer exercising authority under section 86 to be forfeited or stopped f any sum required to pay a fine awarded by a criminal court or a courtmartial exercising jurisdiction under section 71 g any sum required to make good any loss, damage or destruction of public or service property which, after due investigation, appears to the central government to have been occasioned by the wrongful act or negligence on the part of the officer h all pay and allowances forfeited by order of the central government if the officer is found by a court of inquiry constituted by 1the chief of the air staff in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so i any sum required by order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the costs of any relief given by the said government to the said wife or child. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 98. of the air force act : any deduction from pay and allowances authorised by this act may be remitted in such manner, and to such extent, and by such authority, as may from time to time be prescribed.

section 96. of the air force act : any sum authorised by this act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

section 100. of the air force act : it shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this act, who is a prisoner of war or is missing, out of his pay and allowances.

section 93. of the air force act : for the purposes of clauses a and b of section 92 a no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards b any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absence from fulfilling any air force duty which was thereby thrown upon some other person c absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody d a period of absence, or imprisonment, which commences before and ends after midnight may be reckoned as a day.

section 97. of the air force act : where the conduct of any person subject to this act when being taken prisoner by, or while in the hands of the enemy, is to be inquired into under this act or any other law, 1the chief of the air staff or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 99. of the air force act : in the case of all persons subject to this act, being prisoners of war, whose pay and allowances have been forfeited under clause h of section 91 or clause a of section 92, but in respect of whom a remission has been made under section 98, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

section 108. of the air force act : 1 provostmarshals may be appointed by 1the chief of the air staff, or by any prescribed officer. 2 the duties of a provostmarshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the air force. 3 a provostmarshal may at any time arrest and detain for trial any person subject to this act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a courtmartial, or by an officer exercising authority under section 82 but shall not inflict any punishment on his own authority: provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 4 for the purposes of subsections 2 and 3, a provostmarshal shall be deemed to include a provostmarshal appointed under the army act or the navyact and any person legally exercising authority under him or on his behalf. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief, w.e.f. .

section 101. period during which a person is deemed to be a prisoner of war of the air force act : for the purposes of sections 99 and 100, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into has conduct such as is referred to in section 97, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.

section 102.custody of offenders of the air force act : 1 any person subject to this act who is charged with an offence may be taken into air force custody. 2 any such person may be ordered into air force custody by any superior officer. 3 any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.

section 107. of the air force act : 1 when any person subject to this act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered. in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority, or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any and the commanding officer of the unit to which the person belongs shall enter in the courtmartial book of the unit a record of declaration. 2 if the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this act, be deemed to be a deserter.

section 109. of the air force act : for purposes of this act there shall be three kinds of courtsmartial, that is to say, a general courtsmartial. b district courtsmartial. c summary general courtsmartial.

section 103. of the air force act : 1 it shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than fortyeight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service. 2 every case of a person being detained in custody beyond a period of forty eight hours, and the reason thereof shall be reported by the commanding officer to the air or other officer to whom application would be made to convene a general or district courtmartial for the trial of the person charged. 3 in reckoning the period of fortyeight hours specified in subsection 1, sundays and public holidays shall be excluded. 4 subject to the provisions of this act, the central government may make rules a providing for the manner in which and the period for which any person subject to this act may be taken into and detained in air force custody, pending the trial by any competent authority for any offence committed by him.

section 104. interval between committal and courtmartial of the air force act : in every case where any such person as is mentioned in section 102 and as is not on active service remains in such custody for a longer period than eight days, without a courtmartial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed and similar report shall be forwarded every eight days until a courtmartial is assembled or such person is released from custody.

section 106. of the air force act : 1 whenever any person subject to this act deserts, the commanding officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whole apprehension a warrant had been issued by a magistrate and shall deliver the deserter, when apprehended, into air force custody. 2 any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

section 112.contents of warrants issued under sections 110 and 111 of the air force act : a warrant issued under section 110 or section 111 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

section 110. of the air force act : a general courtmartial may be convened by the central government or 1the chief of the air staff or by any officer empowered in this behalf by warrant of1the chief of the air staff. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief, w.e.f. .

section 105. of the air force act : wherever any person subject to this act, who is accused of any offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to air force custody of such person upon receipt of a written application to that effect signed by his commanding officer.

section 111. of the air force act : a district courtmartial may be convened by an officer having power to convene a general courtmartial, or by any officer empowered in this behalf by warrant of any such officer.

section 113. of the air force act : the following authorities shall have the power to convene a summary general courtmartial, namely: a an officer empowered in this behalf by an order of the central government or of 1the chief of the air staff b on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf c an officer commanding any detached portion of the air force on active service when, in his opinion, it is not practicable with due regard to discipline and the exigencies of the service, that an offence should be tried by a general courtmartial. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief, w.e.f. .

section 114. of the air force act : a general courtmartial shall consist of not less than five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of flightlieutenant.

section 119. of the air force act : a district courtmartial shall have power to try any person subject to this act other than an officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this act other than a sentence of death, transportation, or imprisonment for a term exceeding two years.

section 115. of the air force act : a district courtmartial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.

section 120. of the air force act : when any person subject to this act has been acquitted or convicted of an offence by a courtmartial or by a criminal court, or has been dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a courtmartial or dealt with under the said sections.

section 116. of the air force act : a summary general courtmartial shall consist of not less than three officers.

section 117. of the air force act : 1 if a courtmartial after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolved. 2 if on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a courtmartial shall be dissolved. 3 the officer who convened a courtmartial may dissolve such courtmartial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or in expedient to continue the said courtmartial. 4 where a courtmartial is dissolved under this section, the accused may be tried again.

section 118. of the air force act : a general or summary general court martial shall have power to try any person subject to this act for any offence punishable there in and to pass any sentence authorised thereby.

section 121. of the air force act : 1 except as provided by subsection 2, no trial by courtmartial of any person subject to this act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. 2 the provisions of subsection 1 shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. 3 in the computation of the period of time mentioned in subsection 1, any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded. 4 no trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the air force.

section 122. of the air force act : 1 where an offence under this act had been committed by any person while subject to this act and he has ceased to be so subject, he may be taken into and kept in air force custody, and tried and punished for such offence as if he continued to be so subject. 2 except as provided by subsections 3 and 4, any such person shall not be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this act. 3 the provisions of subsection 2 shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. 4 nothing contained in subsection 2 shall affect the jurisdiction of a civil court to try any offence triable by such court as well as by a courtmartial. 5 when a person subject to this act is sentenced by a courtmartial to transportation or imprisonment, this act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the air force, or has otherwise ceased to be subject to this act and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act. 6 when a person subject to this act it sentenced by a courtmartial to death, this act shall apply to him till the sentence is carried out.

section 128. of the air force act : every general courtmartial shall, and every district or summary general courtmartial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the chief legal adviser or if no such officer is available, an officer approved by the chief legal adviser or any of his deputies.

section 123. place of trial of the air force act : any person subject to this act who commits any offence against it may be tried and punished for such offence in any place whatever.

section 124. of the air force act : when a criminal court and a courtmartial have each jurisdiction in respect of an offence, it shall be in the discretion of1 the chief of the air staff, the officer commanding any group, wing or station in which the accused prisoner is serving of such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a courtmartial, to direct that the accused person shall be detained in air force custody. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief, w.e.f. .

section 125. of the air force act : 1 when a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 124 at his option, either to deliver over the offender to the nearest magistrate to be proceeded, against according to law, or to postpone proceedings pending a reference to the central government. 2 in every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the central government whose order upon such reference shall be final.

section 129.challenges of the air force act : 1 at all, trials by general, district or summary general courtsmartial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 2 if the accused objects to any such officer, his objection and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection. 3 if the objection is allowed by onehalf or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object. 4 when no challenge is made, or when challenge has been made and disallowed or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

section 127. of the air force act : at every general, district or summary general courtmartial the senior member shall be the presiding officer.

section 126. of the air force act : 1 a person convicted or acquitted by a courtmartial may, with the previous sanction of the central government, be tried again by a criminal court for the same offence, or on the same facts. 2 if a person sentenced by a courtmartial under this act or punished under section 82 or section 86 is afterwards tried and convicted by a criminal court for the same offence or on the same facts, that court shall in awarding punishment have regard to the punishment he may already have undergone for the said offence.

section 130. of the air force act : 1 an oath or affirmation in the prescribed manner shall be administered to every member of every courtmartial and to the judge advocate before the commencement of the trial. 2 every person giving evidence before a courtmartial shall be examined after being duly sworn or affirmed in the prescribed form. 3 the provisions of subsection 2 shall not apply where the witness is a child under twelve years of age and the courtmartial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

section 137. of the air force act : 1 the prosecutor and the accused person in any case in which a commission is issued under section 136 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. 2 the prosecutor and the accused person may appear before such magistrate or officer by counsel or except in the case of an accused person in custody, in person, and may examine, crossexamine and reexamine, as the case may be, the said witness. 3 after a commission issued under section 136 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the chief legal adviser. 4 on receipt of a commission and deposition returned under subsection 3 the chief legal adviser shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person, and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. 5 in every case in which a commission is issued under section 136 the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

section 132. of the air force act : the indian evidence act, 1 of , shall subject to the provisions of this act, apply to all proceedings before a courtmartial.

section 133. of the air force act : a courtmartial may take judicial notice of any matter within the general air force knowledge of the members.

section 131.voting by members of the air force act : 1 subject to the provisions of subsections 2 and 3, every decision of a courtmartial shall be passed by an absolute majority of votes and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. 2 no sentence of death shall be passed by a general courtmartial without the concurrence of at least twothirds of the members of the court. 3 no sentence of death shall be passed by a summary general courtmartial without the concurrence of all the members. 4 in matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

section 138. of the air force act : 1 a person charged before a courtmartial with desertion may be found guilty of attempting to desert or of being absent without leave. 2 a person charged before a courtmartial with attempting to desert may be found guilty of being absent without leave. 3 a person charged before a courtmartial with using criminal forcemay be found guilty of assault. 4 a person charged before a courtmartial with using threatening language may be found guilty of using insubordinate language. 5 a person charged before a courtmartial with any one of the offences specified in clauses a, b, c and d of section 52 may be found guilty of any other of these offences with which he might have been charged. 6 a person charged before a courtmartial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the code of criminal procedure, 5 of , were applicable. 7 a person charged before a courtmartial with any offence under this act may on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. 8 a person charged before a courtmartial with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.

section 136. of the air force act : 1 whenever, in the course of a trial by courtmartial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable such court may address the chief legal adviser in order that a commission to take the evidence of such witness may be issued. 2 the chief legal adviser may then, if he thinks necessary, issue a commission to any district magistrate of the first class, within the local limits of whose jurisdiction such witness resides to take the evidence of such witness. 3 the magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the firstclass as he appoints, in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrantcases under the code of criminal procedure, 5 of , or any corresponding law in force in 1the state of jammu and kashmir, 4 when the witness resides in a tribal area or in any place outside india the commission may be issued in the manner specified in chapter xl of the code of criminal procedure, 5 of , or of any corresponding law in force in 1the state of jammu and kashmir. 5 in this and the next succeeding section, the expression chief legal adviser includes a deputy chief legal adviser. 1. subs by a.o. no. 3, , for a part b state w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 135. of the air force act : 1 nothing in section 134 shall be deemed to affect the operation of sections 123 and 124 of the indian evidence act, 1 of , or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 2 if any documrnt in such custody is, in the opinion of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the purpose of any courtmartial such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. 3 if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or high court or court of session.

section 139. of the air force act : in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

section 134. summoning witnesses of the air force act : 1 the convening officer, the presiding officer of a courtmartial the judge advocate or the commanding officer of the accused person, may, by summons under his hand, require the attendance at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. 2 in the case of a witness amenable to air force authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly. 3 in the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. 4 when a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

section 140. of the air force act : 1 any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. 2 the enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

section 142. of the air force act : 1 if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence and refers in support thereof to any officer in the service, of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. 2 the written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court. 3 if the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

section 146. of the air force act : a copy of every order made by an officer under section 145 for the trial of the accused shall forthwith be sent to the central government.

section 141. of the air force act : 1 a letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the air force, or respecting the circumstance of any person not having served in, or belonged to, any portion of the forces, if purporting to be signed by or on behalf of the central government or1the chief of the air staff, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 2 an army, navy or air force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the services to which they belong. 3 where a record is made in any service book in pursuance of this act or of any rules made thereunder or otherwise in pursuance of air force duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. 4 a copy of any record in any service book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. 5 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any portion of the air force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the air force, or by the commanding officer of the unit, or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 6 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of or has been apprehended by, a police officer nor below the rank of an officerincharge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place if such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 7 any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this act. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderin chief w.e.f. .

section 147. of the air force act : where any person is in custody under subsection 4 of section 144 or under detention under subsection 5 of that section. a if such person is in custody under the said subsection 4, on the report of a medical officer, or b if such person is detained under the said subsection 5, on a certificate from any of the authorities mentioned in clause b of section 145 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

section 143. evidence of previous convictions and general character of the air force act : 1 when any person subject to this act has been convicted by a courtmartial of any offence, such courtmartial may inquire into and receive and record evidence of any previous convictions of such person, either by a courtmartial or by a criminal court or any previous award of punishment under section 82 or section 86 and may further enquire into and record the general character of such person and such other matters as may be prescribed. 2 evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, courtmartial books or other official records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.

section 144.lunacy of accused of the air force act : 1 whenever, in the course of a trial by a courtmartial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. 2 the presiding officer of the court shall forthwith report the case to the confirming officer. 3 the confirming officer to whom the case is reported under subsection 2 may, if he does not confirm the finding, take steps to have the accused person tried by the same or another courtmartial for the offence with which he was charged. 4 a confirming officer confirming a finding in any case so reported to him under subsection 2 shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government. 5 on receipt of a report under subsection 4 the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

section 150. order for disposal of property regarding which offence is committed of the air force act : 1 after the conclusion of a trial before any courtmartial, the court or the officer confirming the finding or sentence of such courtmartial or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person, claiming to be entitled to possession thereof, or otherwise of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 2 where any order has been made under subsection 1 in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure, 5 of , or any corresponding law in force in 1the state of jammu and kashmir. 3 in this section the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 1.subs. by a.o.no.3, , for a part b state w.e.f. .

section 152. of the air force act : no finding or sentence of a general, district or summary general courtmartial shall be valid except so far as it may be confirmed as provided by this act.

section 145. of the air force act : where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 144, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may. a if such person is in custody under subsection 4 of section 144, on the report of a medical officer that he is capable of making his defence, or b if such person is detained in a jail under subsection 5 of section 144, on a certificate of the inspectorgeneral of prisons and if such person is detained in a lunatic asylum under the said subsection on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another courtmartial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.

section 148. delivery of lunatic accused to relatives of the air force act : where any relative or friend of any person who is in custody under subsection 4 of section 144 or under detention under subsection 5 of that section desires that he should be delivered to his care and custody, the central government may upon application by such relative or friend and on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friend.

section 153. of the air force act : the findings and sentences of general courtsmartial may be confirmed by the central government, or by any officer empowered in this behalf by warrant of the central government.

section 149.order for custody and disposal of property pending trial of the air force act : when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a courtmartial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

section 151. of the air force act : any trial by a courtmartial under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the courtmartial shall be deemed to be a court within the meaning of sections 480 and 482 of the code of criminal procedure, 5 of .

section 155. limitation of powers of confirming authority of the air force act : a warrant issued under section 153 or section 154 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

section 160. alteration of finding or sentence in certain cases of the air force act : 1 where a finding of guilty by a courtmartial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: provided that no such substitution shall be made unless such finding could have been validly made by the courtmartial on the charge and unless it appears that the courtmartial must have been satisfied of the facts establishing the offence. 2 where a sentence passed by a courtmartial which has been confirmed not being a sentence passed in pursuance of a new finding substituted under subsection 1, is found for any reason to be invalid, the. authority referred to in subsection 1 may pass a valid sentence. 3 the punishment awarded by a sentence passed under subsection 1 or subsection 2 shall not be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence for which a new sentence is substituted under this section. 4 any finding substituted, or any sentence passed, under this section shall for the purposes of this act and the rules made thereunder have effect as if it were a finding or sentence, as the case may be, of a courtmartial.

section 154. of the air force act : the findings and sentences of district courtmartial may be confirmed by any officer having power to convene a general courtmartial or by any officer empowered in this behalf by warrant of such officer.

section 156. of the air force act : the findings and sentences of summary general courtsmartial may be confirmed by the convening officer or if he so directs, by an authority superior to him.

section 157. of the air force act : 1 subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 153 or section 154 and to the provisions of subsections 2 and 3, a confirming authority may, when confirming the sentence of a courtmartial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73. 2 a sentence of transportation shall not be commuted for a sentence of imprisonment or detention for a term exceeding the term of transportation awarded by the court. 3 a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded by the court.

section 161. of the air force act : 1 any person subject to this act who considers himself aggrieved by any order passed by a courtmartial may present a petition to the officer or authority empowered to confirm any finding or sentence of such courtmartial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 2 any person subject to this act who considers himself aggrieved by a finding or sentence of a courtmartial which has been confirmed, may present a petition to the central government, 1the chief of the air staff or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, 1the chief of the air staff or other officer, as the case may be, may pass such order thereon as it or he thinks fit. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 159. of the air force act : 1 any finding or sentence of a courtmartial may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. 2 the court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. 3 in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general courtmartial, it still consists of five officers, or, if a summary general or district court martial, of three officers.

section 158. of the air force act : when any person subject to this act is tried and sentenced by a courtmartial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

section 163.form of sentence of death of the air force act : in awarding a sentence of death, a courtmartial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death.

section 162. of the air force act : the central government, 1the chief of the air staff or any prescribed officer may annul the proceedings of any courtmartial on the ground that they are illegal or unjust. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 164. of the air force act : whenever any person is sentenced by a courtmartial under this act to transportation, imprisonment or detention the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer.

section 165. of the air force act : whenever any sentence of transportation is passed under this act or whenever any sentence of death be commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officerincharge of the civil prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant.

section 169. of the air force act : a person under sentence of transportation or imprisonment may, during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

section 166. of the air force act : 1 whenever any sentence of imprisonment is passed under this act or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or such other officer as may be prescribed, shall, save as otherwise provided in subsections 3 and 4, direct either that the sentence shall be carried out by confinement in a military or air force prison or that it shall be carried out by confinement in a civil prison. 2 when a direction has been made under subsection 1 the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officerincharge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. 3 in the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in subsection 1 may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison. 4 on active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time, appoint.

section 167. of the air force act : where a sentence of transportation or imprisonment is directed to be undergone in a civil prison, the offender may be kept in military or air force custody or in any other fit place, till such time as it is possible to send him to a civil prison.

section 172.execution of sentence of fine of the air force act : when a sentence of fine is imposed by a courtmartial under section 71 whether the trial was held within india or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the code of criminal procedure, 5 of , or any corresponding law in force in 1the state of jammu and kashmir, for the levy of fines as if were a sentence of fine imposed by such magistrate. 1. subs by the a.o.no. 3, , for a part b state w.e.f. .

section 168. of the air force act : whenever, in the opinion of an air or other officer commanding a group, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military or air force prison or in air force custody in accordance with the provisions of section 166 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

section 175. of the air force act : the central government may make rules providing.a for the government, management and regulation of air force prisons and detention barracks b for the appointment, removal and power of inspectors, visitors, governors and officers thereof c for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or, persons to earn by special industry and good conduct a remission of a portion of their sentence d for the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them e for the application to air force prisons or detention barracks of any of the provisions of the prisons act, 9 of , relating to the duties of officers of prisons and the punishment of persons not being prisoners f for the admission into any prison, at proper times and subject, to proper restrictions, of persons with whom prisoners may desire to communicate and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

section 171. of the air force act : whenever an order if duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military or air force prison or detained in a military or air force detention barracks, a warrant in accordance with such order shall be forwarded by the officer making the order, or his staff officer, or such other person as may be prescribed, to the officer in charge of the prison or detention barracks in which such person is confined.

section 170. of the air force act : whenever any sentence of detention is passed under this act, or whenever any sentence of death, transportation or imprisonment is commuted to detention, the sentence shall be carried out by detaining the offender in any military or air force detention barracks, detention cells or other military or air force custody and when the sentence is to be carried out by detention in any military or air force detention barracks, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officerincharge of the detention barracks in which the person under sentence is to be detained and shall forward the person under sentence to such detention barracks with the warrant.

section 173. of the air force act : the central government may set apart any building or part of a building, or any place under its control, as an air force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this act.

section 178. of the air force act : 1 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of, the court shall be carried into effect as if such pardon, release or remission had not been granted. 2 a person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of subsection 1 shall undergo only the unexpired portion of his sentence.

section 174. of the air force act : whenever a person is sentenced to transportation, imprisonment or detention under this act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.

section 181. of the air force act : a confirming officer may, when confirming any sentence referred to in section 180, direct that the offender be not committed to prison or to air force custody until the orders of the authority or officer specified in section 180 have been obtained.

section 176. of the air force act : rules made under section 175 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to civil prisons in india.

section 177. of the air force act : when any person subject to this act has been convicted by a courtmartial of any offence, the central government, 1the chief of the air staff, an air or other officer commanding a group or the prescribed officer, may a either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded or b mitigate the punishment awarded or c commute such punishment for any less punishment or punishments mentioned in this act: provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court and a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment so awarded d either with or without conditions which the person sentenced accepts, release the person on parole. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief w.e.f. .

section 179. reduction of warrant officer or noncommissioned officer of the air force act : when under the provisions of section 79 a warrant officer or a noncommissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 177, be treated as a punishment awarded by a sentence of a courtmartial.

section 184. of the air force act : the authority or officer specified in section 180, at any time while a sentence is suspended, order a that the offender be committed to undergo the unexpired portion of the sentence, or b that the sentence be remitted.

section 182. of the air force act : where a sentence is suspended under section 180, the offender shall forthwith be released from custody.

section 180. of the air force act : 1 where a person subject to this act is sentenced by a courtmartial to transportation, imprisonment or detention, the central government, 1the chief of the air staff or any officer empowered to convene a general or a summary general courtmartial may suspend the sentence whether or not the offender has already been committed to prison or to air force custody. 2 the authority or officer specified in subsection 1 may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to air force custody. 3 the powers conferred by subsections 1 and 2 may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. 1. subs. by act 19 of , s. 2 and the schedule the commanderinchief w.e.f. .

section 183. of the air force act : any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

section 187. scope of power of suspension of the air force act : the powers conferred by sections 180 and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation.

section 185.reconsideration of case after suspension of the air force act : 1 where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180, or by any air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180. 2 where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180.

section 189. of the air force act : show related subordinates 1 the central government may make rules for the purpose of carrying into effect the provisions of this act. 2 without prejudice to the generality of the power conferred by subsection 1, the rules made thereunder may provide for a the removal, retirement, release or discharge from the service of persons subject to this act b the amount and incidence of fines to be imposed under section 90 c the specification of the punishment which may be awarded as field punishments under sections 77 and 82 d the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts e the convening and constituting of courtmartial and the appointment of prosecutors at trials by courtmartial f the adjournment, dissolution and sitting of courtmartial g the procedure to be observed in trials by courtmartial and the appearance of legal practitioners thereat h the confirmation, revision and annulment of, and petitions against the findings and sentences of courtmartial: i the carrying into effect of sentences of courtmartial j the forms of orders to be made under the provisions of this act relating to courtmartial, transportation, imprisonment and detention k the constitution of authorities, to decide for what persons, to what amounts and in what manner, provision should be made for dependents under section 100 and the due carrying out of such decisions l the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and noncommissioned officers of the regular army, navy and air force when acting together m any other matter directed by this act to be prescribed.

section 186. of the air force act : where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, them a if the further sentence is also suspended under this act, the two sentences shall run concurrently b if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall also be committed to prison or air force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently and c if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184 or section 185, continue to be suspended.

section 188. of the air force act : 1 where in addition to any other sentence the punishment of dismissal has been awarded by a courtmartial, and such other sentence is suspended under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180. 2 if such other sentence is remitted under section 184, the punishment of dismissal shall also be remitted.

section 192. of the air force act : repeal.rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f..

section 191. of the air force act : all rules and regulations made under this act shall be published in the official gazette and, on such publication, shall have effect as if enacted in this act.

section 190. power to make regulations of the air force act : the central government may make regulations for all or any of the purposes of this act other than those specified in section 189.

section 191a. of the air force act : 1191a. laying of rules and regulations before parliament.every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. ins by act 4 of , s. 2 and the schedule w.e.f. .

section 194. of the air force act : a british officer shall have all the powers conferred by this act on an officer of corresponding rank or holding a corresponding appointment.

section 193. of the air force act : 1 in this chapter british officer means a person of nonindian domicile holding a commission in his majestys air force and serving in the air force. 2 the expression superior officer in this act shall be deemed to include a british officer.

section 8. of the prevention of moneylaundering act : show related subordinates 1 on receipt of a complaint under subsection 5 of section 5, or applications made under subsection 4 of section 17 or under subsection 10 of section 18, if the adjudicating authority has reason to believe that any person has committed an 1offence under section 3 or is in possession of proceeds of crime, it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under subsection 1 of section 5, or, seized 2or frozen under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in moneylaundering and confiscated by the central government: provided that where a notice under this subsection specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property. 2 the adjudicating authority shall, after a considering the reply, if any, to the notice issued under subsection 1 b hearing the aggrieved person and the director or any other officer authorised by him in this behalf and c taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under subsection 1 are involved in moneylaundering: provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in moneylaundering. 3 where the adjudicating authority decides under subsection 2 that any property is involved in moneylaundering, he shall, by an order in writing, confirm the attachment of the property made under subsection 1 of section 5 or retention of property or 3record seized or frozen under section 17 or section 18 and record a finding to that effect, whereupon such attachment or retention or freezing of the seized or frozen property or record shall a continue during 4investigation for a period not exceeding 5three hundred and sixtyfive days or the pendency of the proceedings relating to any 6offence under this act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside india, as the case may be and 7b become final after an order of confiscation is passed under subsection 5 or subsection 7 of section 8 or section 58b or subsection 2a of section 60 by the 8special court 9explanation.for the purposes of computing the period of three hundred and sixtyfive days under clause a, the period during which the investigation is stayed by any court under any law for the time being in force shall be excluded. 4 where the provisional order of attachment made under subsection 1 of section 5 has been confirmed under subsection 3, the director or any other officer authorised by him in this behalf shall forthwith take the 10possession of the property attached under section 5 or frozen under subsection 1a of section 17, in such manner as may be prescribed: provided that if it is not practicable to take possession of a property frozen under subsection 1a of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of. 115 where on conclusion of a trial of an offence under this act, the special court finds that the offence of moneylaundering has been committed, it shall order that such property involved in the moneylaundering or which has been used for commission of the offence of moneylaundering shall stand confiscated to the central government. 6 where on conclusion of a trial under this act, the special court finds that the offence of moneylaundering has not taken place or the property is not involved in moneylaundering, it shall order release of such property to the person entitled to receive it. 7 where the trial under this act cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the special court shall, on an application moved by the director or a person claiming to be entitled to possession of a property in respect of which an order has been passed under subsection 3 of section 8, pass appropriate orders regarding confiscation or release of the property, as the case may be, involved in the offence of moneylaundering after having regard to the material before it. 128 where a property stands confiscated to the central government under subsection 5, the special court, in such manner as may be prescribed, may also direct the central government to restore such confiscated property or part thereof of a claimant with a legitimate interest in the property, who may have suffered a quantifiable loss as a result of the offence of money laundering: provided that the special court shall not consider such claim unless it is satisfied that the claimant has acted in good faith and has suffered the loss despite having taken all reasonable precautions and is not involved in the offence of money laundering: 4provided further that the special court may, if it thinks fit, consider the claim of the claimant for the purposes of restoration of such properties during the trial of the case in such manner as may be prescribed. 1. subs. by act 21 of , s. 5, for offence under section 3 w.e.f. . 2. ins. by act 2 of , s. 6 w.e.f. . 3. subs. by s. 6, ibid., for certain words and figures w.e.f. . 4. ins. by act 13 of , s. 208 w.e.f. . 5. subs. by act 7 of , s. 22, for ninety days w.e.f. . 6. subs. by act 2 of , s. 6, for scheduled offence before a court and w.e.f. . 7. subs. by s. 6, ibid., for clause b w.e.f. . 8. subs. by act 20 of , s. 147, for adjudicating authority w.e.f. . 9. ins. by act 7 of , s. 22 w.e.f. . 10. subs. by act 2 of , s. 6, for possession of the attached property w.e.f. . 11. subs. by s. 6, ibid., for subsections 5 and 6 w.e.f. . 12. ins. by act 20 of , s. 147 w.e.f. .

section 1. of the prevention of moneylaundering act : show related subordinates 1 this act may be called the prevention of moneylaundering act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st july, , vide notification no. g.s.r. 436e, dated 1st july, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the prevention of moneylaundering act : 1 the central government shall provide each adjudicating authority with such officers and employees as that government may think fit. 2 the officers and employees of the adjudicating authority shall discharge their functions under the general superintendence of the chairperson of the adjudicating authority. 3 the salaries and allowances and other conditions of service of the officers and employees of the adjudicating authority shall be such as may be prescribed.

section 3. of the prevention of moneylaundering act : whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the 1proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of moneylaundering. 2explanation.for the removal of doubts, it is hereby clarified that, i a person shall be guilty of offence of moneylaundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely: a concealment or b possession or c acquisition or d use or e projecting as untainted property or f claiming as untainted property, in any manner whatsoever ii the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever. 1. subs. by act 2 of , s. 3, for proceeds of crime and projecting w.e.f. . 2. ins. by act 23 of , s. 193 w.e.f. .

section 2. of the prevention of moneylaundering act : show related subordinates 1 in this act, unless the context otherwise requires, a adjudicating authority means an adjudicating authority appointed under subsection 1 of section 6 b appellate tribunal means the appellate tribunal 1referred to in section 25 c assistant director means an assistant director appointed under subsection 1 of section 49 d attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under chapter iii 2da authorised person means an authorised person as defined in clause c of section 2 of the foreign exchange management act, 42 of e banking company means a banking company or a cooperative bank to which the banking regulation act, 10 of applies and includes any bank or banking institution referred to in section 51 of that act f bench means a bench of the appellate tribunal 3fa beneficial owner means an individual who ultimately owns or controls a client of a reporting entity or the person on whose behalf a transaction is being conducted and includes a person who exercises ultimate effective control over a juridical person g chairperson means the chairperson of the appellate tribunal h chit fund company means a company managing, conducting or supervising, as foreman, agent or in any other capacity, chits as defined in section 2 of the chit funds act, 40 of 4ha client means a person who is engaged in a financial transaction or activity with a reporting entity and includes a person on whose behalf the person who engaged in the transaction or activity, is acting i cooperative bank shall have the same meaning as assigned to it in clause dd of section 2 of the deposit insurance and credit guarantee corporation act, 47 of 4iacorresponding law means any law of any foreign country corresponding to any of the provisions of this act or dealing with offences in that country corresponding to any of the scheduled offences ib dealer has the same meaning as assigned to it in clause b of section 2 of the central sales tax act, 74 of j deputy director means a deputy director appointed under subsection 1 of section 49 5 k director or additional director or joint director means a director or additional director or joint director, as the case may be, appointed under subsection 1 of section 49 6l financial institution means a financial institution as defined in clause c of section 451 of the reserve bank of india act, 2 of and includes a chit fund company, a housing finance institution, an authorised person, a payment system operator, a nonbanking financial company and the department of posts in the government of india m housing finance institution shall have the meaning as assigned to it in clause d of section 2 of the national housing bank act, 53 of 7n intermediary means, i a stockbroker, 8 share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with securities market and registered under section 12 of the securities and exchange board of india act, 15 of or ii an association recognised or registered under the forward contracts regulation act, 74 of or any member of such association or iii intermediary registered by the pension fund regulatory and development authority or iv a recognised stock exchange referred to in clause f of section 2 of the securities contracts regulation act, 42 of 9na investigation includes all the proceedings under this act conducted by the director or by an authority authorised by the central government under this act for the collection of evidence o member means a member of the appellate tribunal and includes the chairperson p moneylaundering has the meaning assigned to it in section 3 q nonbanking financial company shall have the same meaning as assigned to it in clause f of section 45i of the reserve bank of india act, 2 of r notification means a notification published in the official gazette 11ra offence of cross border implications, means i any conduct by a person at a place outside india which constitutes an offence at that place and which would have constituted an offence specified in part a, part b or part c of the schedule, had it been committed in india and if such person 12transfers in any manner the proceeds of such conduct or part thereof to india or ii any offence specified in part a, part b or part c of the schedule which has been committed in india and the proceeds of crime, or part thereof have been transferred to a place outside india or any attempt has been made to transfer the proceeds of crime, or part thereof from india to a place outside india. explanation.nothing contained in this clause shall adversely affect any investigation, enquiry, trial or proceeding before any authority in respect of the offences specified in part a or part b of the schedule to the act before the commencement of the prevention of moneylaundering amendment act, 21 of rb payment system means a system that enables payment to be effected between a payer and a beneficiary, involving clearing, payment or settlement service or all of them. explanation.for the purposes of this clause, payment system includes the systems enabling credit card operations, debit card operations, smart card operations, money transfer operations or similar operations rc payment system operator means a person who operates a payment system and such person includes his overseas principal. explanation.for the purposes of this clause, overseas principal means, a in the case of a person, being an individual, such individual residing outside india, who owns or controls or manages, directly or indirectly, the activities or functions of payment system in india b in the case of a hindu undivided family, karta of such hindu undivided family residing outside india who owns or controls or manages, directly or indirectly, the activities or functions of payment system in india c in the case of a company, a firm, an association of persons, a body of individuals, an artificial juridical person, whether incorporated or not, such company, firm, association of persons, body of individuals, artificial juridical person incorporated or registered outside india or existing as such and which owns or controls or manages, directly or indirectly, the activities or functions of payment system in india s person includes i an individual, ii a hindu undivided family, iii a company, iv a firm, v an association of persons or a body of individuals, whether incorporated or not, vi every artificial juridical person not falling within any of the preceding subclauses, and vii any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding subclauses 13sa person carrying on designated business or profession means, i a person carrying on activities for playing games of chance for cash or kind, and includes such activities associated with casino 14 ii inspectorgeneral of registration appointed under section 3 of the registration act, 16 of as may be notified by the central government iii real estate agent, as may be notified by the central government iv dealer in precious metals, precious stones and other high value goods, as may be notified by the central government v person engaged in safekeeping and administration of cash and liquid securities on behalf of other persons, as may be notified by the central government or vi person carrying on such other activities as the central government may, by notification, so designate, from time to time sb precious metal means gold, silver, platinum, palladium or rhodium or such other metal as may be notified by the central government sc precious stone means diamond, emerald, ruby, sapphire or any such other stone as may be notified by the central government t prescribed means prescribed by rules made under this act u proceeds of crime means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property 15or where such property is taken or held outside the country, then the property equivalent in value held within the country 16or abroad 17explanation.for the removal of doubts, it is hereby clarified that proceeds of crime include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence v property means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located 13explanation.for the removal of doubts, it is hereby clarified that the term property includes property of any kind used in the commission of an offence under this act or any of the scheduled offences va real estate agent means a real estate agent as defined in clause 88 of section 65 of the finance act, 32 of w records include the records maintained in the form of books or stored in a computer or such other form as may be prescribed 13wa reporting entity means a banking company, financial institution, intermediary or a person carrying on a designated business or profession x schedule means the schedule to this act y scheduled offence means i the offences specified under part a of the schedule or 18ii the offences specified under part b of the schedule if the total value involved in such offences is 19one crore rupees or more or iii the offences specified under part c of the schedule. z special court means a court of session designated as special court under subsection 1 of section 43 za transfer includes sale, purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien zb value means the fair market value of any property on the date of its acquisition by any person, or if such date cannot be determined, the date on which such property is possessed by such person. 2 any reference, in this act or the schedule, to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provisions of the corresponding law, if any, in force in that area. 1. subs. by act 28 of , s. 232, for established under w.e.f. . 2. ins. by act 21 of , s. 2 w.e.f. . 3. ins. by act 2 of , s. 2 w.e.f. . 4. ins. by act 2 of , s. 2 w.e.f. . 5. clause ja omitted by s. 2, ibid. w.e.f. . 6. subs. by s. 2, ibid., for clause l w.e.f. . 7. subs. by s.2, ibid., for clause n w.e.f. . 8. the word subbroker, omitted by act 23 of , s. 192 w.e.f. . 9. ins. by act 20 of , s. 2 w.e.f. . 10. the words and includes a person carrying on designated business or profession omitted by act 2 of , s. 2 w.e.f. . 11. ins. by act 21 of , s. 2 w.e.f. . 12. subs. by act 2 of , s. 2, for remits w.e.f. . 13. ins. by act 2 of , s. 2 w.e.f. . 14. subs. by act 23 of , s. 192, for subclause ii w.e.f. . 15. ins. by act 20 of , s. 145 w.e.f. . 16. ins. by act 23 of , s. 192 w.e.f. . 17. ins. by act 13 of , s. 208 w.e.f. . 18. subs. by act 21 of , s. 2, for subclause ii w.e.f. . 19. subs. by act 20 of , s. 145, for thirty lakh rupees w.e.f. .

section 6. of the prevention of moneylaundering act : show related subordinates 1 the central government shall, by notification, appoint 1an adjudicating authority to exercise jurisdiction, powers and authority conferred by or under this act. 2 an adjudicating authority shall consist of a chairperson and two other members: provided that one member each shall be a person having experience in the field of law, administration, finance or accountancy. 3 a person shall, however, not be qualified for appointment as member of an adjudicating authority, a in the field of law, unless he i is qualified for appointment as district judge or ii has been a member of the indian legal service and has held a post in grade i of that service b in the field of finance, accountancy or administration unless he possesses such qualifications, as may be prescribed. 4 the central government shall appoint a member to be the chairperson of the adjudicating authority. 5 subject to the provisions of this act, a the jurisdiction of the adjudicating authority may be exercised by benches thereof b a bench may be constituted by the chairperson of the adjudicating authority with one or two members as the chairperson of the adjudicating authority may deem fit c the benches of the adjudicating authority shall ordinarily sit at new delhi and at such other places as the central government may, in consultation with the chairperson, by notification, specify d the central government shall, by notification, specify the areas in relation to which each bench of the adjudicating authority may exercise jurisdiction. 6 notwithstanding anything contained in subsection 5, the chairperson may transfer a member from one bench to another bench. 7 if at any stage of the hearing of any case or matter it appears to the chairperson or a member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson or, as the case may be, referred to him for transfer, to such bench as the chairperson may deem fit. 8 the chairperson and every member shall hold office as such for a term of five years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained the age of 2sixtyfive years. 9 the salary and allowances payable to and the other terms and conditions of service of the member shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the member shall be varied to his disadvantage after appointment. 10 if, for reasons other than temporary absence, any vacancy occurs in the office of the chairperson or any other member, then, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the adjudicating authority from the stage at which the vacancy is filled. 11 the chairperson or any other member may, by notice in writing under his hand addressed to the central government, resign his office: provided that the chairperson or any other member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 12 the chairperson or any other member shall not be removed from his office except by an order made by the central government after giving necessary opportunity of hearing. 13 in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the seniormost member shall act as the chairperson of the adjudicating authority until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 14 when the chairperson of the adjudicating authority is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member shall discharge the functions of the chairperson of the adjudicating authority until the date on which the chairperson of the adjudicating authority resumes his duties. 15 the adjudicating authority shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the adjudicating authority shall have powers to regulate its own procedure. 1. subs. by act 21 of , s. 4, for one or more adjudicating authorities w.e.f. . 2. subs. by act 21 of , s. 4, for sixtytwo w.e.f. .

section 10. of the prevention of moneylaundering act : show related subordinates 1 the central government may, by order published in the official gazette, appoint as many of its officers not below the rank of a joint secretary to the government of india as it thinks fit to perform the functions of an administrator. 2 the administrator appointed under subsection 1 shall receive and manage the property in relation to which an order has been made under 1subsection 5 or subsection 6 or subsection 7 of section 8 or section 58b or subsection 2a of section 60 in such manner and subject to such conditions as may be prescribed. 3 the administrator shall also take such measures, as the central government may direct, to dispose of the property which is vested in the central government under section 9. 1 subs. by s. 8, ibid., for subsection 6 of section 8 w.e.f. .

section 4. of the prevention of moneylaundering act : whoever commits the offence of moneylaundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine1 : provided that where the proceeds of crime involved in moneylaundering relates to any offence specified under paragraph 2 of part a of the schedule, the provisions of this section shall have effect as if for the words which may extend to seven years, the words which may extend to ten years had been substituted. 1. the words which may extend to five lakh rupees omitted by s. 4, ibid. w.e.f. .

section 5. of the prevention of moneylaundering act : show related subordinates 11where the director or any other officer not below the rank of deputy director authorised by the director for the purposes of this section, has reason to believe the reason for such belief to be recorded in writing, on the basis of material in his possession, that a any person is in possession of any proceeds of crime and b such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a magistrate under section 173 of the code of criminal procedure, 2 of , or a complaint has been filed by a person authorised to investigate the offence mentioned in that schedule, before a magistrate or court for taking cognizance of the scheduled offence, as the case may be, or a similar report or complaint has been made or filed under the corresponding law of any other country: provided further that, notwithstanding anything contained in 2first proviso, any property of any person may be attached under this section if the director or any other officer not below the rank of deputy director authorised by him for the purposes of this section has reason to believe the reasons for such belief to be recorded in writing, on the basis of material in his possession, that if such property involved in moneylaundering is not attached immediately under this chapter, the nonattachment of the property is likely to frustrate any proceeding under this act. 3 provided also that for the purposes of computing the period of one hundred and eighty days, the period during which the proceedings under this section is stayed by the high court, shall be excluded and a further period not exceeding thirty days from the date of order of vacation of such stay order shall be counted. 2 the director, or any other officer not below the rank of deputy director, shall, immediately after attachment under subsection 1, forward a copy of the order, along with the material in his possession, referred to in that subsection, to the adjudicating authority, in a sealed envelope, in the manner as may be prescribed and such adjudicating authority shall keep such order and material for such period as may be prescribed. 3 every order of attachment made under subsection 1 shall cease to have effect after the expiry of the period specified in that subsection or on the date of an order made under 4subsection 3 of section 8, whichever is earlier. 4 nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under subsection 1 from such enjoyment. explanation.for the purposes of this subsection, person interested, in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. 5 the director or any other officer who provisionally attaches any property under subsection 1 shall, within a period of thirty days from such attachment, file a complaint stating the facts of such attachment before the adjudicating authority. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. . 2. subs. by act 20 of , s. 146, for clause b w.e.f. . 3. ins. by act 13 of , s. 208 w.e.f. . 4. subs. by s. 208, ibid., for subsection 2 w.e.f. .

section 9. of the prevention of moneylaundering act : where an order of confiscation has been made under 1subsection 5 or subsection 7 of section 8 or section 58b or subsection 2a of section 60 in respect of any property of a person, all the rights and title in such property shall vest absolutely in the central government free from all encumbrances: provided that where the 2special court or the adjudicating authority, as the case may be, after giving an opportunity of being heard to any other person interested in the property attached under this chapter, or seized 3or frozen under chapter v, is of the opinion that any encumbrance on the property or or leasehold interest has been created with a view to defeat the provisions of this chapter, it may, by order, declare such encumbrance or leasehold interest to be void and thereupon the aforesaid property shall vest in the central government free from such encumbrances or leasehold interest: provided further that nothing in this section shall operate to discharge any person from any liability in respect of such encumbrances which may be enforced against such person by a suit for damages. 1. subs. by act 2 of , s. 7, for subsection 6 of section 8 w.e.f. . 2. subs. by act 2 of , s. 7, for adjudicating authority w.e.f. . 3. ins. by s.7, ibid. w.e.f. .

section 11. of the prevention of moneylaundering act : the adjudicating authority shall, for the purposes of this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: a discovery and inspection b enforcing the attendance of any person, including any officer of a banking company or a financial institution or a company, and examining him on oath c compelling the production of records d receiving evidence on affidavits e issuing commissions for examination of witnesses and documents and f any other matter which may be prescribed. 2 all the persons so summoned shall be bound to attend in person or through authorised agents, as the adjudicating authority may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. 3 every proceeding under this section shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code 45 of .

section 11a. of the prevention of moneylaundering act : 111a. verification of identity by reporting entity.1 every reporting entity shall verify the identity of its clients and the beneficial owner, by a authentication under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of if the reporting entity is a banking company or b offline verification under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of or c use of passport issued under section 4 of the passports act, 15 of or d use of any other officially valid document or modes of identification as may be notified by the central government in this behalf: provided that the central government may, if satisfied that a reporting entity other than banking company, complies with such the standards of privacy and security under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of , and it is necessary and expedient to do so, by notification, permit such entity to perform authentication under clause a: provided further that no notification under the first proviso shall be issued without consultation with the unique identification authority of india established under subsection 1 of section 11 of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of and the appropriate regulator. 2 if any reporting entity performs authentication under clause a of subsection 1, to verify the identity of its client or the beneficial owner it shall make the other modes of identification under clauses b, c and d of subsection 1 also available to such client or the beneficial owner. 3 the use of modes of identification under subsection 1 shall be a voluntary choice of every client or beneficial owner who is sought to be identified and no client or beneficial owner shall be denied services for not having an aadhaar number. 4 if, for identification of a client or beneficial owner, authentication or offline verification under clause a or clause b of subsection 1 is used, neither his core biometric information nor his aadhaar number shall be stored. 5 nothing in this section shall prevent the central government from notifying additional safeguards on any reporting entity in respect of verification of the identity of its client or beneficial owner. explanation.the expressions aadhaar number and core biometric information shall have the same meanings as are respectively assigned to them in clauses a and j of section 2 of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of . 1. ins. by act 14 of , s. 27 w.e.f. .

section 12a. of the prevention of moneylaundering act : 112a. access to information.1 the director may call for from any reporting entity any of the records referred to in 2section 11a, subsection 1 of section 12, subsection 1 of section 12aa and any additional information as he considers necessary for the purposes of this act. 2 every reporting entity shall furnish to the director such information as may be required by him under subsection 1 within such time and in such manner as he may specify. 3 save as otherwise provided under any law for the time being in force, every information sought by the director under subsection 1, shall be kept confidential. 1. ins. by act 2 of , s. 10 w.e.f. . 2. subs. by act 23 of , s. 194, for subsection 1 of section 12 w.e.f. .

section 12. of the prevention of moneylaundering act : show related subordinates 112. reporting entity to maintain records.1 every reporting entity shall a maintain a record of all transactions, including information relating to transactions covered under clause b, in such manner as to enable it to reconstruct individual transactions b furnish to the director within such time as may be prescribed, information relating to such transactions, whether attempted or executed, the nature and value of which may be prescribed 2 e maintain record of documents evidencing identity of its clients and beneficial owners as well as account files and business correspondence relating to its clients. 2 every information maintained, furnished or verified, save as otherwise provided under any law for the time being in force, shall be kept confidential. 3 the records referred to in clause a of subsection 1 shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. 4 the records referred to in clause e of subsection 1 shall be maintained for a period of five years after the business relationship between a client and the reporting entity has ended or the account has been closed, whichever is later. 5 the central government may, by notification, exempt any reporting entity or class of reporting entities from any obligation under this chapter. 1. subs. by s. 9, ibid., for section 12 w.e.f. . 2. clauses c and d omitted by act 14 of , s. 28 w.e.f. . rules yeardescriptionfiles the prevention of moneylaundering maintenance of records rules, the prevention of moneylaundering maintenance of records amendment rules, the prevention of moneylaundering maintenance of records second amendment rules, the prevention of moneylaundering maintenance of records third amendment rules, the prevention of moneylaundering maintenance of records fourth amendment rules, the prevention of moneylaundering maintenance of records fifth amendment rules, the prevention of moneylaundering maintenance of records sixth amendment rules, the prevention of moneylaundering maintenance of records seventh amendment rules, the prevention of moneylaundering maintenance of records amendment rules,

section 12aa. enhanced due diligence of the prevention of moneylaundering act : 112aa. enhanced due diligence.1 every reporting entity shall, prior to the commencement of each specified transaction, a verify the identity of the clients undertaking such specified transaction by authentication under the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of in such manner and subject to such conditions, as may be prescribed: provided that where verification requires authentication of a person who is not entitled to obtain an aadhaar number under the provisions of the said act, verification to authenticate the identity of the client undertaking such specified transaction shall be carried out by such other process or mode, as may be prescribed b take additional steps to examine the ownership and financial position, including sources of funds of the client, in such manner as may be prescribed c take additional steps as may be prescribed to record the purpose behind conducting the specified transaction and the intended nature of the relationship between the transaction parties. 2 where the client fails to fulfill the conditions laid down under subsection 1, the reporting entity shall not allow the specified transaction to be carried out. 3 where any specified transaction or series of specified transactions undertaken by a client is considered suspicious or likely to involve proceeds of crime, the reporting entity shall increase the future monitoring of the business relationship with the client, including greater scrutiny or transactions in such manner as may be prescribed. 4 the information obtained while applying the enhanced due diligence measures under subsection 1 shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. explanation.for the purposes of this section, specified transaction means a any withdrawal or deposit in cash, exceeding such amount b any transaction in foreign exchange, exceeding such amount c any transaction in any high value imports or remittances d such other transaction or class of transactions, in the interest of revenue or where there is a high risk or moneylaundering or terrorist financing, as may be prescribed. 1. ins. s. 195, ibid. w.e.f. .

section 14. of the prevention of moneylaundering act : 114. no civil or criminal proceedings against reporting entity, its directors and employees in certain cases.save as otherwise provided in section 13, the reporting entity, its directors and employees shall not be liable to any civil or criminal proceedings against them for furnishing information under clause b of subsection 1 of section 12. 1. subs. by s. 12, ibid., for section 14 w.e.f. .

section 13. of the prevention of moneylaundering act : show related subordinates 1 the director may, either of his own motion or on an application made by any authority, officer or person, 1make such inquiry or cause such inquiry to be made, as he thinks fit to be necessary, with regard to the obligations of the reporting entity, under this chapter. 21a if at any stage of inquiry or any other proceedings before him, the director having regard to the nature and complexity of the case, is of the opinion that it is necessary to do so, he may direct the concerned reporting entity to get its records, as may be specified, audited by an accountant from amongst a panel of accountants, maintained by the central government for this purpose. 1bthe expenses of, and incidental to, any audit under subsection 1a shall be borne by the central government. 32 if the director, in the course of any inquiry, finds that a reporting entity or its designated director on the board or any of its employees has failed to comply with the obligations under this chapter, then, without prejudice to any other action that may be taken under any other provisions of this act, he may a issue a warning in writing or b direct such reporting entity or its designated director on the board or any of its employees, to comply with specific instructions or c direct such reporting entity or its designated director on the board or any of its employees, to send reports at such interval as may be prescribed on the measures it is taking or d by an order, impose a monetary penalty on such reporting entity or its designated director on the board or any of its employees, which shall not be less than ten thousand rupees but may extend to one lakh rupees for each failure. 3 the director shall forward a copy of the order passed under subsection 2 to every banking company, financial institution or intermediary or person who is a party to the proceedings under that subsection. 4explanation.for the purpose of this section, accountant shall mean a chartered accountant within the meaning of the chartered accountants act, 38 of . 1. subs. by s. 11, ibid., for certain words, brackets and figures w.e.f. . 2. ins. by s. 11, ibid. w.e.f. . 3. subs. by s. 11, ibid., for subsection 2 w.e.f. . 4 the explanation inserted by act 2 of , s. 11 w.e.f. .

section 15. of the prevention of moneylaundering act : show related subordinates 115. procedure and manner of furnishing information by reporting entities. the central government may, in consultation with the reserve bank of india, prescribe the procedure and the manner of maintaining and furnishing information by a reporting entity under 2section 11a, subsection 1 of section 12 and subsection 1 of section 12aa for the purpose of implementing the provisions of this act. 1. subs. by s. 13, ibid., for section 15 w.e.f. . 2. subs. by act 23 of , s. 196, for subsection 1 of section 12 w.e.f. . rules yeardescriptionfiles the prevention of moneylaundering maintenance of records rules, the prevention of moneylaundering maintenance of records amendment rules, the prevention of moneylaundering maintenance of records second amendment rules, the prevention of moneylaundering maintenance of records third amendment rules, the prevention of moneylaundering maintenance of records fourth amendment rules, the prevention of moneylaundering maintenance of records fifth amendment rules, the prevention of moneylaundering maintenance of records sixth amendment rules, the prevention of moneylaundering maintenance of records seventh amendment rules, the prevention of moneylaundering maintenance of records amendment rules,

section 16. of the prevention of moneylaundering act : show related subordinates 1 notwithstanding anything contained in any other provisions of this act, where an authority, on the basis of material in his possession, has reason to believe the reasons for such belief to be recorded in writing that an offence under section 3 has been committed, he may enter any place i within the limits of the area assigned to him or ii in respect of which he is authorised for the purposes of this section by such other authority, who is assigned the area within which such place is situated, at which any act constituting the commission of such offence is carried on, and may require any proprietor, employee or any other person who may at that time and place be attending in any manner to, or helping in, such act so as to, i afford him the necessary facility to inspect such records as he may require and which may be available at such place ii afford him the necessary facility to check or verify the proceeds of crime or any transaction related to proceeds of crime which may be found therein and iii furnish such information as he may require as to any matter which may be useful for, or relevant to, any proceedings under this act. explanationfor the purposes of this subsection, a place, where an act which constitutes the commission of the offence is carried on, shall also include any other place, whether any activity is carried on therein or not, in which the person carrying on such activity states that any of his records or any part of his property relating to such act are or is kept. 2 the authority referred to in subsection 1 shall, after entering any place referred to in that subsection immediately after completion of survey, forward a copy of the reasons so recorded along with material in his possession, referred to in that subsection, to the adjudicating authority in a sealed envelope, in the manner as may be prescribed and such adjudicating authority shall keep such reasons and material for such period as may be prescribed. 3 an authority acting under this section may i place marks of identification on the records inspected by him and make or cause to be made extracts or copies there from, ii make an inventory of any property checked or verified by him, and iii record the statement of any person present in the place which may be useful for, or relevant to, any proceeding under this act.

section 18. of the prevention of moneylaundering act : show related subordinates 1 if an authority, authorised in this behalf by the central government by general or special order, has reason to believe the reason for such belief to be recorded in writing that any person has secreted about his person or in anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this act: 1 2 the authority, who has been authorised under subsection 1 shall, immediately after search and seizure, forward a copy of the reasons so recorded along with material in his possession, referred to in that subsection, to the adjudicating authority in a sealed envelope, in the manner, as may be prescribed and such adjudicating authority shall keep such reasons and material for such period, as may be prescribed. 3 where an authority is about to search any person, he shall, if such person so requires, take such person within twentyfour hours to the nearest gazetted officer, superior in rank to him, or a magistrate: provided that the period of twentyfour hours shall exclude the time necessary for the journey undertaken to take such person to the nearest gazetted officer, superior in rank to him, or magistrates court. 4 if the requisition under subsection 3 is made, the authority shall not detain the person for more than twentyfour hours prior to taking him before the gazetted officer, superior in rank to him, or the magistrate referred to in that subsection: provided that the period of twentyfour hours shall exclude the time necessary for the journey from the place of detention to the office of the gazetted officer, superior in rank to him, or the magistrates court. 5 the gazetted officer or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge such person but otherwise shall direct that search be made. 6 before making the search under subsection 1 or subsection 5, the authority shall call upon two or more persons to attend and witness the search, and the search shall be made in the presence of such persons. 7 the authority shall prepare a list of record or property seized in the course of the search and obtain the signatures of the witnesses on the list. 8 no female shall be searched by any one except a female. 9 the authority shall record the statement of the person searched under subsection 1 or subsection 5 in respect of the records or proceeds of crime found or seized in the course of the search: 2 10 the authority, seizing any record or property under subsection 1 shall, within a period of thirty days from such seizure, file an application requesting for retention of such record or property, before the adjudicating authority. 1. the proviso omitted by act 23 of , s. 198 w.e.f. . 2. the proviso omitted by act 21 of s. 8 w.e.f. .

section 17. of the prevention of moneylaundering act : show related subordinates 1 where 1the director or any other officer not below the rank of deputy director authorised by him for the purposes of this section, on the basis of information in his possession, has reason to believe the reason for such belief to be recorded in writing that any person i has committed any act which constitutes moneylaundering, or ii is in possession of any proceeds of crime involved in moneylaundering, or iii is in possession of any records relating to moneylaundering,2or 2iv is in possession of any property related to crime, then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to a enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept b break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause a where the keys thereof are not available c seize any record or property found as a result of such search d place marks of identification on such record or2property, if required or make or cause to be made extracts or copies therefrom e make a note or an inventory of such record or property f examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this act: 3 41a where it is not practicable to seize such record or property, the officer authorised under subsection 1, may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: provided that if, at any time before its confiscation under subsection 5 or subsection 7 of section 8 or section 58b or subsection 2a of section 60, it becomes practical to seize a frozen property, the officer authorised under subsection 1 may seize such property. 2 the authority, who has been authorised under subsection 1 shall, immediately after search and seizure 5or upon issuance of a freezing order, forward a copy of the reasons so recorded along with material in his possession, referred to in that subsection, to the adjudicating authority in a sealed envelope, in the manner, as may be prescribed and such adjudicating authority shall keep such reasons and material for such period, as may be prescribed. 3 where an authority, upon information obtained during survey under section 16, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence: provided that no authorisation referred to in subsection 1 shall be required for search under this subsection. 64 the authority seizing any record or property under subsection 1 or freezing any record or property under subsection 1a shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or property seized under subsection 1 or for continuation of the order of freezing served under subsection 1a, before the adjudicating authority. 1 subs. by act 21 of , s. 7, for the director w.e.f. . 2. ins. by act 2 of , s. 14 w.e.f. . 3. the proviso omitted by act 23 of , s. 197 w.e.f. . 4. ins. by s. 14, ibid. w.e.f. . 5. ins. by act 2 of , s. 14 w.e.f. . 6. subs. by s. 14, ibid., for subsection 4 w.e.f. . rules yeardescriptionfiles the prevention of moneylaunderingforms, search and seizure or freezing the manner of forwarding the reasons material to the adjudicating authority, impounding and custody of records and the period of retention rules, the prevention of moneylaundering taking possession of attached or frozen properties confirmed by the adjudicating authority rules,

section 19. of the prevention of moneylaundering act : show related subordinates 1 if the director, deputy director, assistant director or any other officer authorised in this behalf by the central government by general or special order, has on the basis of material in his possession, reason to believe the reason for such belief to be recorded in writing that any person has been guilty of an offence punishable under this act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. 2 the director, deputy director, assistant director or any other officer shall, immediately after arrest of such person under subsection 1, forward a copy of the order along with the material in his possession, referred to in that subsection, to the adjudicating authority in a sealed envelope, in the manner, as may be prescribed and such adjudicating authority shall keep such order and material for such period, as may be prescribed. 3 every person arrested under subsection 1 shall, within twentyfour hours, be taken to a 1special court or judicial magistrate or a metropolitan magistrate, as the case may be, having jurisdiction: provided that the period of twentyfour hours shall exclude the time necessary for the journey from the place of arrest to the 1special court or magistrates court. 1. ins. by act 13 of , s. 208 w.e.f. .

section 23. of the prevention of moneylaundering act : where moneylaundering involves two or more interconnected transactions and one or more such transactions is or are proved to be involved in moneylaundering, then for the purposes of adjudication or confiscation 1under section 8 or for the trial of the moneylaundering offence, it shall unless otherwise proved to the satisfaction of the adjudicating authority or the special court, be presumed that the remaining transactions from part of such interconnected transactions. 1. subs. by s.18, ibid., for certain words and figure w.e.f. .

section 20. of the prevention of moneylaundering act : show related subordinates 120.retention of property.1 where any property has been seized under section 17 or section 18 or frozen under subsection 1a of section 17 and the officer authorised by the director in this behalf has, on the basis of material in his possession, reason to believe the reason for such belief to be recorded by him in writing that such property is required to be retained for the purposes of adjudication under section 8, such property may, if seized, be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such property was seized or frozen, as the case may be. 2 the officer authorised by the director shall, immediately after he has passed an order for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in subsection 1, to the adjudicating authority, in a sealed envelope, in the manner as may be prescribed and such adjudicating authority shall keep such order and material for such period as may be prescribed. 3 on the expiry of the period specified in subsection 1, the property shall be returned to the person from whom such property was seized or whose property was ordered to be frozen unless the adjudicating authority permits retention or continuation of freezing of such property beyond the said period. 4 the adjudicating authority, before authorising the retention or continuation of freezing of such property beyond the period specified in subsection 1, shall satisfy himself that the property is prima facie involved in moneylaundering and the property is required for the purposes of adjudication under section 8. 5 after passing the order of confiscation under subsection 5 or subsection 7 of section 8, 2special court, shall direct the release of all property other than the property involved in moneylaundering to the person from whom such property was seized or the persons entitled to receive it. 6 where an order releasing the property has been made by the 3special court under subsection 6 of section 8 or by the adjudicating authority under section 58b or subsection 2a of section 60, the director or any officer authorised by him in this behalf may withhold the release of any such property for a period of ninety days from the date of4receipt of such order, if he is of the opinion that such property is relevant for the appeal proceedings under this act. 1. subs. by act 2 of , s.16, for sections 20 and 21 w.e.f. . 2. subs. by act 20 of , s. 148, for the court or the adjudicating authority, as the case may be w.e.f. . 3. subs. by s. 148, ibid., for court w.e.f. . 4. ins. by s. 148, ibid. w.e.f. .

section 21. of the prevention of moneylaundering act : 121. retention of records.1 where any records have been seized, under section 17 or section 18 or frozen under subsection 1a of section 17 and the investigating officer or any other officer authorised by the director in this behalf has reason to believe that any of such records are required to be retained for any inquiry under this act, such records may if seized, be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such records were seized or frozen, as the case may be. 2 the person, from whom records seized or frozen, shall be entitled to obtain copies of records. 3 on the expiry of the period specified under subsection 1, the records shall be returned to the person from whom such records were seized or whose records were ordered to be frozen unless the adjudicating authority permits retention or continuation of freezing of such records beyond the said period. 4 the adjudicating authority, before authorising the retention or continuation of freezing of such records beyond the period specified in subsection 1, shall satisfy himself that the records are required for the purposes of adjudication under section 8. 5 after passing of an order of confiscation 2or release under subsection 5 or subsection 6 or subsection 7 of section 8 or section 58b or subsection 2a of section 60, the adjudicating authority shall direct the release of the records to the person from whom such records were seized. 6 where an order releasing the records has been made by the court 3 adjudicating authority under subsection 5 of section 21, the director or any other officer authorised by him in this behalf may withhold the release of any such record for a period of ninety days from the date of 4receipt of such order, if he is of the opinion that such record is relevant for the appeal proceedings under this act. 1. subs. by act 2 of , s.16, for sections 20 and 21 w.e.f. . 2 subs. by s. 149, ibid., for under subsection 5 or subsection 7 of section 8 w.e.f. . 3. subs. by s. 149, ibid., for certain words, brackets, figures and letters w.e.f. . 4. ins. by s. 149, ibid. w.e.f. .

section 22. of the prevention of moneylaundering act : show related subordinates 1 where any records or property are or is found in the possession or control of any person in the course of a survey or a search1or where any record or property is produced by any person or has been resumed or seized from the custody or control of any person or has been frozen under this act or under any other law for the time being in force, it shall be presumed that i such records or property belong or belongs to such person ii the contents of such records are true and iii the signature and every other part of such records which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that persons handwriting, and in the case of a record, stamped, executed or attested, that it was executed or attested by the person by whom it purports to have been so stamped, executed or attested. 2 where any records have been received from any place outside india, duly authenticated by such authority or person and in such manner as may be prescribed, in the course of proceedings under this act, the special court, the appellate tribunal or the adjudicating authority, as the case may be, shall a presume, that the signature and every other part of such record which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting and in the case of a record executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested b admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. 1. ins. by act 2 of , s.17 w.e.f. .

section 26. of the prevention of moneylaundering act : show related subordinates 1 save as otherwise provided in subsection 3, the director or any person aggrieved by an order made by the adjudicating authority under this act, may prefer an appeal to the appellate tribunal. 2 any 1reporting entity aggrieved by any order of the director made under subsection 2 of section 13, may prefer an appeal to the appellate tribunal. 3 every appeal preferred under subsection 1 or subsection 2 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the adjudicating authority or director is received and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may, after giving an opportunity of being heard, entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1 or subsection 2, the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating authority or the director, as the case may be. 6 the appeal filed before the appellate tribunal under subsection 1 or subsection 2 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of filing of the appeal. 1. subs. by act 2 of , s. 20, for banking company, financial institution or intermediary w.e.f. .

section 24. of the prevention of moneylaundering act : 124. burden of proof.in any proceeding relating to proceeds of crime under this act, a in the case of a person charged with the offence of moneylaundering under section 3, the authority or court shall, unless the contrary is proved, presume that such proceeds of crime are involved in moneylaundering and b in the case of any other person the authority or court, may presume that such proceeds of crime are involved in moneylaundering. 1. subs. by s.19, ibid., for section 24 w.e.f. .

section 25. of the prevention of moneylaundering act : 125. appellate tribunal.the appellate tribunal constituted under subsection 1 of section 12 of of the smugglers and foreign exchange manipulators forfeiture of property act, 13 of shall be the appellate tribunal for hearing appeals against the orders of the adjudicating authority and the other authorities under this act. 1. subs. by act 28 of , s. 232, for section 25 w.e.f. .

section 28.. of the prevention of moneylaundering act : qualifications for appointment. omitted by s. 232, ibid. w.e.f. .

section 34.. of the prevention of moneylaundering act : staff of appellate tribunal. omitted by s. 232, ibid. w.e.f. .

section 27.. of the prevention of moneylaundering act : compositions, etc., of appellate tribunal. omitted by the finance act, 28 of , s. 232 w.e.f. .

section 29.. of the prevention of moneylaundering act : term of office.omitted by the prevention of moneylaundering amendment act, 20 of , s. 4 w.e.f. .

section 31.. of the prevention of moneylaundering act : vacancies. omitted by s. 232, ibid. w.e.f. .

section 30.. of the prevention of moneylaundering act : conditions of service. omitted by the finance act, 28 of , s. 232 w.e.f. .

section 32.. of the prevention of moneylaundering act : resignation and removal. omitted by s. 232, ibid. w.e.f. .

section 33.. of the prevention of moneylaundering act : member to act as chairperson in certain circumstances.omitted by s. 232, ibid. w.e.f. .

section 35. of the prevention of moneylaundering act : 1 the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure. 2 the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing a representation for default or deciding it ex parte h setting aside any order of dismissal of any representation for default or any order passed by it ex parte and i any other matter, which may be, prescribed by the central government. 3 an order made by the appellate tribunal under this act shall be executable by the appellate tribunal as a decree of civil court and, for this purpose, the appellate tribunal shall have all the powers of a civil court. 4 notwithstanding anything contained in subsection 3, the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 5 all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of .

section 36. of the prevention of moneylaundering act : where any benches are constituted, the 1chairman may, from time to time, by notification, make provisions as to the distribution of the business of the appellate tribunal amongst the benches and also provide for the matters which may be dealt with by each bench. 1. subs. by act 28 of , s. 232, for chairperson w.e.f.

section 37. of the prevention of moneylaundering act : on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the 1chairman may transfer any case pending before one bench, for disposal, to any other bench. 1. subs. by act 28 of , s. 232, for chairperson w.e.f. .

section 38. of the prevention of moneylaundering act : if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the 1chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by 2third member of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of the members of the appellate tribunal who have heard the case, including those who first heard it. 1. subs. by act 28 of , s. 232, for chairperson w.e.f. . 2. subs. by act 21 of , s. 11, for one or more of the other members w.e.f. .

section 44. of the prevention of moneylaundering act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of , 1a an offence punishable under section 4 and any scheduled offence connected to the offence under that section shall be triable by the special court constituted for the area in which the offence has been committed: provided that the special court, trying a scheduled offence before the commencement of this act, shall continue to try such scheduled offence or b a special court may, 2 upon a complaint made by an authority authorised in this behalf under this act take 3cognizance of offence under section 3, without the accused being committed to it for trial 4c if the court which has taken cognizance of the scheduled offence is other than the special court which has taken cognizance of the complaint of the offence of moneylaundering under subclause b, it shall, on an application by the authority authorised to file a complaint under this act, commit the case relating to the scheduled offence to the special court and the special court shall, on receipt of such case proceed to deal with it from the stage at which it is committed. d a special court while trying the scheduled offence or the offence of moneylaundering shall hold trial in accordance with the provisions of the code of criminal procedure, 2 of as it applies to a trial before a court of session. 5explanation.for the removal of doubts, it is clarified that, i the jurisdiction of the special court while dealing with the offence under this act, during investigation, enquiry or trial under this act, shall not be dependent upon any orders passed in respect of the scheduled offence, and the trial of both sets of offences by the same court shall not be construed as joint trial ii the complaint shall be deemed to include any subsequent complaint in respect of further investigation that may be conducted to bring any further evidence, oral or documentary, against any accused person involved in respect of the offence, for which complaint has already been filed, whether named in the original complaint or not. 2 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code of criminal procedure, 2 of and the high court may exercise such powers including the power under clause b of subsection 1 of that section as if the reference to magistrate in that section includes also a reference to a special court designated under section 43. 1. subs. by act 2 of , s. 21, for clause a w.e.f. . 2. the words upon perusal of police report of the facts which constitute an offence under this act or omitted by act 20 of , s. 6 w.e.f. . 3. subs. by act 2 of , s. 21, for cognizance of the offence for which the accused is committed to it for trial w.e.f. . 4. ins. by s. 21, ibid. w.e.f. . 5. ins. by act 23 of , s. 199 w.e.f. .

section 39. of the prevention of moneylaundering act : 1 a person preferring an appeal to the appellate tribunal under this act may either appear in person or take the assistance of an authorised representative of his choice to present his case before the appellate tribunal. explanation.for the purposes of this subsection, the expression authorised representative shall have the same meaning as assigned to it under subsection 2 of section 288 of the incometax act, 43 of . 2 the central government or the director may authorise one or more authorised representatives or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal.

section 40., to be public servants. of the prevention of moneylaundering act : the 1chairman, members and other officers and employees of the appellate tribunal, the adjudicating authority, director and the officers subordinate to him shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 28 of , s. 232, for chairperson w.e.f. .

section 41. of the prevention of moneylaundering act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the director, an adjudicating authority or the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 42. of the prevention of moneylaundering act : any person aggrieved by any decision or order of the appellate tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order of the appellate tribunal to him on any question of law or fact arising out of such order: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. explanation.for the purposes of this section, high court means i the high court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain and ii where the central government is the aggrieved party, the high court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.

section 43. of the prevention of moneylaundering act : show related subordinates 1 the central government, in consultation with the chief justice of the high court, shall, for trial of offence punishable under section 4, by notification, designate one or more courts of session as special court or special courts or such area or areas or for such case or class or group of cases as may be specified in the notification. explanation.in this subsection, high court means the high court of the state in which a sessions court designated as special court was functioning immediately before such designation. 2 while trying an offence under this act, a special court shall also try an offence, other than an offence referred to in subsection 1, with which the accused may, under the code of criminal procedure, 2 of , be charged at the same trial. notifications yeardescriptionfiles

section 45. of the prevention of moneylaundering act : 1 1notwithstanding anything contained in the code of criminal procedure, 2 of , no person accused of an offence 2under this act shall be released on bail or on his own bond unless i the public prosecutor has been given a opportunity to oppose the application for such release and ii where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, 3or is accused either on his own or along with other coaccused of moneylaundering a sum of less than one crore rupees may be released on bail, if the special court so directs: provided further that the special court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by i the director or ii any officer of the central government or a state government authorised in writing in this behalf by the central government by a general or special order made in this behalf by that government. 41a notwithstanding anything contained in the code of criminal procedure, 2 of , or any other provision of this act, no police officer shall investigate into an offence under this act unless specifically authorised, by the central government by a general or special order, and, subject to such conditions as may be prescribed. 2 the limitation on granting of bail specified in 5 subsection 1 is in addition to the limitations under the code of criminal procedure, 2 of or any other law for the time being in force on granting of bail. 6explanation.for the removal of doubts, it is clarified that the expression offences to be cognizable and nonbailable shall mean and shall be deemed to have always meant that all offences under this act shall be cognizable offences and nonbailable offences notwithstanding anything to the contrary contained in the code of criminal procedure, 2 of , and accordingly the officers authorised under this act are empowered to arrest an accused without warrant, subject to the fulfillment of conditions under section 19 and subject to the conditions enshrined under this section. 1 subs. by act 20 of , s. 7, for certain words, figures, brackets and letters w.e.f. . 2. subs. by act 13 of , s. 208, for punishable for a term of imprisonment of more than three years under part a of the schedule w.e.f. . 3. ins. by s. 208 ibid, w.e.f. . 4. ins. by act 20 of , s. 7 w.e.f. . 5. the words, brackets and letter clause b of omitted by s. 7, ibid. w.e.f. . 6. the explanation ins. by act 23 of , s. 200 w.e.f. .

section 46. of the prevention of moneylaundering act : 1 save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of including the provisions as to bails or bonds, shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the persons conducting the prosecution before the special court, shall be deemed to be a public prosecutor: provided that the central government may also appoint for any case or class or group of cases a special public prosecutor. 2 a person shall not be qualified to be appointed as a public prosecutor or a special public prosecutor under this section unless he has been in practice as an advocate for not less than seven years, under the union or a state, requiring special knowledge of law. 3 every person appointed as a public prosecutor or a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code of criminal procedure, 2 of and the provisions of that code shall have effect accordingly.

section 52. of the prevention of moneylaundering act : the central government may, from time to time, issue such orders, instructions and directions to the authorities as it may deem fit for the proper administration of this act and such authorities and all other persons employed in execution of this act shall observe and follow such orders, instructions and directions of the central government: provided that no such orders, instructions or directions shall be issued so as to a require any authority to decide a particular case in a particular manner or b interfere with the discretion of the adjudicating authority in exercise of his functions.

section 47. of the prevention of moneylaundering act : the high court may exercise, so far as may be applicable, all the powers conferred by chapter xxix or chapter xxx of the code of criminal procedure, 2 of , on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court.

section 48. of the prevention of moneylaundering act : there shall be the following classes of authorities for the purposes of this act, namely: a director or additional director or joint director, b deputy director, c assistant director, and d such other class of officers as may be appointed for the purposes of this act.

section 54. of the prevention of moneylaundering act : the following 1officers and others are hereby empowered and required to assist the authorities in the enforcement of this act, namely: a officers of the customs and central excise departments b officers appointed under subsection 1 of section 5 of the narcotic drugs and psychotropic substances act, 61 of c incometax authorities under subsection 1 of section 117 of the incometax act, 43 of 2d members of the recognised stock exchange referred to in clause f of section 2 and the officers of the stock exchanges recognised under section 4 of the securities contracts regulation act, 42 of e officers of the reserve bank of india constituted under subsection 1 of section 3 of the reserve bank of india act, 2 of f officers of police g officers of enforcement appointed under subsection 1 of section 36 of the foreign exchange management act, 40 of h officers of the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of 3ha officers of the insurance regulatory and development authority established under section 3 of the insurance regulatory and development authority act, 41 of hb officers of the forward markets commission established under section 3 of the forward contracts regulation act, 74 of hc officers and members of the recognised association recognised under section 6 of the forward contracts regulation act, 74 of hd officers of the pension fund regulatory and development authority he officers of the department of posts in the government of india hf registrars or subregistrars appointed by the state governments under section 6 of the registration act, 16 of hg registering authority empowered to register motor vehicles under chapter iv of the motor vehicles act, 59 of hh officers and members of the institute of chartered accountants of india constituted under section 3 of the chartered accountants act, 38 of hi officers and members of the institute of cost and works accountants of india constituted under section 3 of the cost and works accountants act, 23 of hj officers and members of the institute of company secretaries of india constituted under section 3 of the company secretaries act, 56 of i officers of any other body corporate constituted or established under a central act or a state act j such other officers of the central government, state government, local authorities or 4reporting entities as the central government may, by notification, specify, in this behalf. 1. subs. by act 2 of , s. 23 for officers w.e.f. . 2. subs. by s. 23, ibid., for clause d w.e.f. . 3. ins. by s. 23, ibid. w.e.f. . 4. subs. by act 2 of , s. 23, for banking companies w.e.f. .

section 49. of the prevention of moneylaundering act : show related subordinates 1 the central government may appoint such persons as it thinks fit to be authorities for the purposes of this act. 2 without prejudice to the provisions of subsection 1, the central government may authorise the director or an additional director or a joint director or a deputy director or an assistant director appointed under that subsection to appoint other authorities below the rank of an assistant director. 3 subject to such conditions and limitations as the central government may impose, an authority may exercise the powers and discharge the duties conferred or imposed on it under this act.

section 53. of the prevention of moneylaundering act : the central government may, by a special or general order, empower an officer not below the rank of director of the central government or of a state government to act as an authority under this act: provided that the central government may empower an officer below the rank of director if the officer of the rank of the director or above are not available in a particular area.

section 50. of the prevention of moneylaundering act : show related subordinates 1 the director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: a discovery and inspection b enforcing the attendance of any person, including any officer of a 1reporting entity and examining him on oath c compelling the production of records d receiving evidence on affidavits e issuing commissions for examination of witnesses and documents and f any other matter which may be prescribed. 2 the director, additional director, joint director, deputy director or assistant director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this act. 3 all the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. 4 every proceeding under subsections 2 and 3 shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code 45 of . 5 subject to any rules made in this behalf by the central government, any officer referred to in subsection 2 may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act: provided that an assistant director or a deputy director shall not a impound any records without recording his reasons for so doing or b retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the 2joint director. 1. subs. by act 2 of , s. 22, for banking company or a financial institution or a company, w.e.f. . 2. subs. by act 13 of , s. 208, for director w.e.f. .

section 51. of the prevention of moneylaundering act : 1 the authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to such authorities by or under this act or the rules framed thereunder in accordance with such directions as the central government may issue for the exercise of powers and performance of the functions by all or any of the authorities. 2 in issuing the directions or orders referred to in subsection 1, the central government may have regard to any one or more of the following criteria, namely: a territorial area b classes of persons c classes of cases and d any other criterion specified by the central government in this behalf.

section 56. of the prevention of moneylaundering act : 1 the central government may enter into an agreement with the government of any country outside india for a enforcing the provisions of this act b exchange of information for the prevention of any offence under this act or under the corresponding law in force in that country or investigation of cases relating to any offence under this act, and may, by notification in the official gazette, make such provisions as may be necessary for implementing the agreement. 2 the central government may, by notification in the official gazette, direct that the application of this chapter in relation to a contracting state with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

section 55. of the prevention of moneylaundering act : in this chapter, unless the context otherwise requires, a contracting state means any country or place outside india in respect of which arrangements have been made by the central government with the government of such country through a treaty or otherwise b identifying includes establishment of a proof that the property was derived from, or used in the commission of an offence under section 3 c tracing means determining the nature, source, disposition, movement, title or ownership of property.

section 57. of the prevention of moneylaundering act : 1 notwithstanding anything contained in this act or the code of criminal procedure, 2 of if, in the course of an investigation into an offence or other proceedings under this act, an application is made to a special court by the investigating officer or any officer superior in rank to the investigating officer that any evidence is required in connection with investigation into an offence or proceedings under this act and he is of the opinion that such evidence may be available in any place in a contracting state, and the special court, on being satisfied that such evidence is required in connection with the investigation into an offence or proceedings under this act, may issue a letter of request to a court or an authority in the contracting state competent to deal with such request to i examine facts and circumstances of the case, ii take such steps as the special court may specify in such letter of request, and iii forward all the evidence so taken or collected to the special court issuing such letter of request. 2 the letter of request shall be transmitted in such manner as the central government may specify in this behalf. 3 every statement recorded or document or thing received under subsection 1 shall be deemed to be the evidence collected during the course of investigation.

section 58. of the prevention of moneylaundering act : where a letter of request is received by the central government from a court or authority in a contracting state requesting for investigation into an offence or proceedings under this act and forwarding to such court or authority any evidence connected therewith, the central government may forward such letter of request to the special court or to any authority under the act as it thinks fit for execution of such request in accordance with the provisions of this act or, as the case may be, any other law for the time being in force.

section 62. of the prevention of moneylaundering act : any authority or officer exercising powers under this act or any rules made thereunder, who, without reasons recorded in writing, a searches or causes to be searched any building or place or b detains or searches or arrests any person, shall for every such offence be liable on conviction for imprisonment for a term which may extend to two years or fine which may extend to fifty thousand rupees or both.

section 58a. of the prevention of moneylaundering act : 158a. special court to release the property.where on closure of the criminal case or conclusion of a trial in a criminal court outside india under the corresponding law of any other country, such court finds that the offence of moneylaundering has not taken place or the property in india is not involved in moneylaundering, the special court may, on an application moved by the concerned person or the director, after notice to the other party, order release of such property to the person entitled to receive it. 1. ins. by act 2 of , s. 24 w.e.f. .

section 58b. of the prevention of moneylaundering act : 158b. letter of request of a contracting state or authority for confiscation or release the property.where the trial under the corresponding law of any other country cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the central government shall, on receipt of a letter of request from a court or authority in a contracting state requesting for confiscation or release of property, as the case may be, forward the same to the director to move an application before the special court and upon such application the special court shall pass appropriate orders regarding confiscation or release of such property involved in the offence of moneylaundering. 1. ins. by act 2 of , s. 24 w.e.f. .

section 60., of property in a contracting state or india. of the prevention of moneylaundering act : 1 where the director has made an order for attachment of any 1property under section 5 or for freezing under subsection 1a of section 17 or where an adjudicating authority has made an order relating to a property under section 8 or where a special court has made an order of confiscation relating to a property under subsection 5 or sub section 6 of section 8 and such property is suspected to be in a contracting state, the special court, on an application by the director or the administrator appointed under subsection 1 of section 10, as the case may be , may issue a letter of request to a court or an authority in the contracting state for execution of such order. 2 where a letter of request is received by the central government from a court or an authority in a contracting state requesting 2attachment, seizure, freezing or confiscation of the property in india, derived or obtained, directly or indirectly, by any person from the commission of an offence under 3a corresponding law committed in that contracting state, the central government may forward such letter of request to the director, as it thinks fit, for execution in accordance with the provisions of this act. 42a where on closure of the criminal case or conclusion of trial in a criminal court outside india under the corresponding law of any other country, such court finds that the offence of moneylaundering under the corresponding law of that country has been committed, the 5special court shall, on receipt of an application from the director for execution of confiscation under subsection 2, order, after giving notice to the affected persons, that such property involved in moneylaundering or which has been used for commission of the offence of moneylaundering stand confiscated to the central government. 3 the director shall, on receipt of a letter of request under section 58 or section 59, direct any authority under this act to take all steps necessary for tracing and identifying such property. 4 the steps referred to in subsection 3 may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. 5 any inquiry, investigation or survey referred to in subsection 4 shall be carried out by an authority mentioned in subsection 3 in accordance with such directions issued in accordance with the provisions of this act. 6 the provisions of this act relating to attachment, adjudication, confiscation and vesting of property in the central government contained in chapter iii and survey, searches and seizures contained in chapter v shall apply to the property in respect of which letter of request is received from a court or contracting state for attachment or confiscation of property. 57 when any property in india is confiscated as a result of execution of a request from a contracting state in accordance with the provisions of this act, the central government may either return such property to the requesting state or compensate that state by disposal of such property on mutually agreed terms that would take into account deduction for reasonable expenses incurred in investigation, prosecution or judicial proceedings leading to the return or disposal of confiscated property. 1. subs. by act 2 of , s. 25, for certain words and figures w.e.f. . 2. subs. by s. 25, ibid.,for attachment or confiscation w.e.f. . 3. subs. by s. 25, ibid., for section 3 w.e.f. . 4. ins. by s. 25, ibid. w.e.f. . 5. subs. by act 20 of , s. 150, for adjudicating authority w.e.f. . 6. ins. by act 21 of , s. 12 w.e.f. .

section 59. of the prevention of moneylaundering act : where a special court, in relation to an offence punishable under section 4, desires that a a summons to an accused person, or b a warrant for the arrest of an accused person, or c a summons to any person requiring him to attend and produce a document or other thing or to produce it, or d a search warrant, issued by it shall be served or executed at any place in any contracting state, it shall send such summons or warrant in duplicate in such form, to such court, judge or magistrate through such authorities, as the central government may, by notification, specify in this behalf and that court, judge or magistrate, as the case may be, shall cause the same to be executed. 2 where a special court, in relation to an offence punishable under section 4 has received for service or execution a a summons to an accused person, or b a warrant for the arrest of an accused person, or c a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or d a search warrant, issued by a court, judge or magistrate in a contracting state, it shall, cause the same to be served or executed as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local jurisdiction and where i a warrant of arrest has been executed, the person arrested shall be dealt with in accordance with the procedure specified under section 19 ii a search warrant has been executed, the things found in this search shall, so far as possible, be dealt with in accordance with the procedure specified under sections 17 and 18: provided that in a case where a summon or search warrant received from a contracting state has been executed, the documents or other things produced or things found in the search shall be forwarded to the court issuing the summons or searchwarrant through such authority as the central government may, by notification, specify in this behalf. 3 where a person transferred to a contracting state pursuant to subsection 2 is a prisoner in india, the special court or the central government may impose such conditions as that court or government deems fit. 4 where the person transferred to india pursuant to subsection 1 is a prisoner in a contracting state, the special court in india shall ensure that the conditions subject to which the prisoner is transferred to india are complied with and such prisoner shall be kept in such custody subject to such conditions as the central government may direct in writing.

section 61. of the prevention of moneylaundering act : every letter of request, summons or warrant, received by the central government from, and every letter of request, summons or warrant, to be transmitted to a contracting state under this chapter shall be transmitted to a contracting state or, as the case may be, sent to the concerned court in india and in such form and in such manner as the central government may, by notification, specify in this behalf.

section 63. of the prevention of moneylaundering act : i any person wilfully and maliciously giving false information and so causing an arrest or a search to be made under this act shall on conviction be liable for imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or both. 2 if any person, a being legally bound to state the truth of any matter relating to an offence under section 3, refuses to answer any question put to him by an authority in the exercise of its powers under this act or b refuses to sign any statement made by him in the course of any proceedings under this act, which an authority may legally require to sign or c to whom a summon is issued under section 50 either to attend to give evidence or produce books of account or other documents at a certain place and time, omits to attend or produce books of account or documents at the place or time, he shall pay, by way of penalty, a sum which shall not be less than five hundred rupees but which may extend to ten thousand rupees for each such default or failure. 3 no order under this section shall be passed by an authority referred to in subsection 2 unless the person on whom the penalty is proposed to be imposed is given an opportunity of being heard in the matter by such authority. 14 notwithstanding anything contained in clause c of subsection 2, a person who intentionally disobeys any direction issued under section 50 shall also be liable to be proceeded against under section 174 of the indian penal code 45 of . 1. ins. by act 2 of , s.26 w.e.f. .

section 64. of the prevention of moneylaundering act : 1 no court shall take cognizance of any offence under section 62 or subsection 1 of section 63 except with the previous sanction of the central government. 2 the central government shall, by an order, either give sanction or refuse to give sanction within ninety days of the receipt of the request in this behalf.

section 65. of the prevention of moneylaundering act : the provisions of the code of criminal procedure, 2 of shall apply, in so far as they are not inconsistent with the provisions of this act, to arrest, search and seizure, attachment, confiscation investigation, prosecution and all other proceedings under this act.

section 66. of the prevention of moneylaundering act : show related subordinates 11 the director or any other authority specified by him by a general or special order in this behalf may furnish or cause to be furnished to i any officer, authority or body performing any functions under any law relating to imposition of any tax, duty or cess or to dealings in foreign exchange, or prevention of illicit traffic in the narcotic drugs and psychotropic substances under the narcotic drugs and psychotropic substances act, 61 of or ii such other officer, authority or body performing functions under any other law as the central government may, if in its opinion it is necessary so to do in the public interest, specify, by notification in the official gazette, in this behalf, any information received or obtained by such director or any other authority, specified by him in the performance of their functions under this act, as may, in the opinion of the director or the other authority, so specified by him, be necessary for the purpose of the officer, authority or body specified in clause i or clause ii to perform his or its functions under that law. 22 if the director or other authority specified under subsection 1 is of the opinion, on the basis of information or material in his possession, that the provisions of any other law for the time being in force are contravened, then the director or such other authority shall share the information with the concerned agency for necessary action. 1. section 66 numbered as subsection 1 by act 13 of , s. 208 w.e.f. . 2. ins. by act 13 of , s. 208 w.e.f. .

section 67. of the prevention of moneylaundering act : no suit shall be brought in any civil court to set aside or modify any proceeding taken or order made under this act and no prosecution, suit or other proceeding shall lie against the government or any officer of the government for anything done or intended to be done in good faith under this act.

section 68., not to be invalid on certain grounds. of the prevention of moneylaundering act : no notice, summons, order, document or other proceeding, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of his act shall be invalid, or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such notice, summons, order, document or other proceeding if such notice, summons, order, document or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this act.

section 69. of the prevention of moneylaundering act : 169. recovery of fine or penalty.where any fine or penalty imposed on any person under section 13 or section 63 is not paid within six months from the day of imposition of fine or penalty, the director or any other officer authorised by him in this behalf may proceed to recover the amount from the said person in the same manner as prescribed in schedule ii of the incometax act, 43 of for the recovery of arrears and he or any officer authorised by him in this behalf shall have all the powers of the tax recovery officer mentioned in the said schedule for the said purpose. 1. subs. by act 2 of , s.27, for section 69 w.e.f. .

section 72a. of the prevention of moneylaundering act : 172a. interministerial coordination committee.the central government may, by notification, constitute an interministerial coordination committee for interdepartmental and interagency coordination for the following purposes, namely: a operational cooperation between the government, law enforcement agencies, the financial intelligence unit, india and the regulators or supervisors b policy cooperation and coordination across all relevant or competent authorities c such consultation among the concerned authorities, the financial sector and other sectors, as are appropriate, and are related to anti moneylaundering or countering the financing of terrorism laws, regulations and guidelines d development and implementing policies on anti moneylaundering or countering the financing of terrorism and e any other matter as the central government may, by notification, specify in this behalf. 1. ins. by act 23 of , s. 201 w.e.f. .

section 70. of the prevention of moneylaundering act : 1 where a person committing a contravention of any of the provisions of this act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of and was responsible to the company, for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. 2 notwithstanding anything contained in subsection 1, where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of any company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. explanation 11.for the purposes of this section, i company means any body corporate and includes a firm or other association of individuals and ii director, in relation to a firm, means a partner in the firm. 2explanation 2.for the removal of doubts, it is hereby clarified that a company may be prosecuted, notwithstanding whether the prosecution or conviction of any legal juridical person shall be contingent on the prosecution or conviction of any individual. 1. explanation shall be numbered as explanation 1 by s.28, ibid. w.e.f. . 2. ins. by act 2 of , s. 28 w.e.f. .

section 71. of the prevention of moneylaundering act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

section 74. of the prevention of moneylaundering act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 72. of the prevention of moneylaundering act : 1 where a any property of a persons has been attached under section 8 and no appeal against the order attaching such property has been preferred or b any appeal has been preferred to the appellate tribunal, and i in a case referred to in clause a, such person dies or is adjudicated an insolvent before preferring an appeal to the appellate tribunal or ii in a case referred to in clause b, such person dies or is adjudicated an insolvent during the pendency of the appeal, then, it shall be lawful for the legal representatives of such person or the official assignee or the official receiver, as the case may be, to prefer an appeal to the appellate tribunal or as the case may be, to continue the appeal before the appellate tribunal, in place of such person and the provisions of section 26 shall, so far as may be, apply, or continue to apply, to such appeal. 2 where a after passing of a decision or order by the appellate tribunal, no appeal has been preferred to the high court under section 42 or b any such appeal has been preferred to the high court, then i in a case referred to in clause a, the person entitled to file the appeal dies or is adjudicated an insolvent before preferring an appeal to the high court, or ii in a case referred to in clause b, the person who had filed the appeal dies or is adjudicated an insolvent during the pendency of the appeal before the high court, then, it shall be lawful for the legal representatives of such person, or the official assignee or the official receiver, as the case may be, to prefer an appeal to the high court or to continue the appeal before the high court in place of such person and the provisions of section 42 shall, so far as may be, apply, or continue to apply, to such appeal. 3 the powers of the official assignee or the official receiver under subsection 1 or subsection 2 shall be exercised by him subject to the provisions of the presidencytowns insolvency act, 3 of or the provincial insolvency act, 5 of , as the case may be.

section 75. of the prevention of moneylaundering act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 73. of the prevention of moneylaundering act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which records referred to in this act may be maintained 1aa the manner of provisional attachment of property under subsection 1 of section 5 b the manner in which the order and the material referred to in subsection 2 of section 5 to be maintained c matters in respect of experience of members under subsection 3 of section 6 d the salaries and allowances payable to and other terms and conditions of service of members of the adjudicating authority under subsection 9 of section 6 e the salaries and allowances payable to and other terms and conditions of service of the officers and employees of the adjudicating authority under subsection 3 of section 7 2ee the manner of seizing or taking possession of property attached under section 5 or frozen under subsection 1a of section 17 or under subsection 4 of section 8 f the manner in which and the conditions subject to which the properties confiscated may be received and managed under subsection 2 of section 10 g the additional matters in respect of which the adjudicating authority may exercise the powers of a civil court under clause f of subsection 1 of section 11 3 i 4the nature and value of transactions and the time within which the information of transactions under clause b of sub section 1 of section 12 shall be furnished 5 6jja the manner and the conditions in which authentication of the identity of clients shall be verified by the reporting entities under clause a of subsection 1 of section 12aa jjb the manner of identifying the ownership and financial position of the client under clause b of subsection 1 of section 12aa jjc additional steps to record the purpose behind conducting the specified transaction and the intended nature of the relationship between the transaction parties under clause c of subsection 1 of section 12aa jjd manner of increasing the future monitoring under subsection 3 of section 12aa. jjj the period of interval in which the reports are sent by the reporting entities or any of its employees under clause c of subsection 2 of section 13 k the procedure and the manner of maintaining and furnishing information under subsection 1 of section 12 as required under section 15 l the manner in which the reasons and the material referred to in subsection 2 of section 16 shall be maintained m the rules relating to search and seizure under subsection 1 of section 17 n the manner in which the reasons and the material referred to in subsection 2 of section 17 shall be maintained o the manner in which the reasons and the material referred to in subsection 2 of section 18 shall be maintained p the manner in which the order and the material referred to in subsection 2 of section 19 shall be maintained 2pp the manner in which the forwarding of the order for retention or continuation of freezing of the property and the period of keeping such order and material under subsection 2 of section 20 q the manner in which records authenticated outside india may be received under subsection 2 of section 22 r the form of appeal and the fee for filing such appeal, under subsection 3 of section 26 6 u the additional matters in respect of which the appellate tribunal may exercise the powers of a civil court under clause i of subsection 2 of section 35 7ua conditions subject to which a police officer may be authorised to investigate into an offence under subsection 1a of section 45 v the additional matters in respect of which the authorities may exercise powers of a civil court under clause f of subsection 1 of section 50 w the rules relating to impounding and custody of records under subsection 5 of section 50 x any other matter which is required to be, or may be, prescribed. 1. ins. by s. 29, ibid. w.e.f. . 2. ins. by act 2 of , s. 29 w.e.f. . 3. clause h omitted by s. 29, ibid. w.e.f. . 4. subs. by s. 29, ibid., for the time within which w.e.f. . 5. clauses j and jj omitted by act 14 of , s. 29 w.e.f. . 6. ins. by act 23 of , s. 202 w.e.f. . 6. clauses s and t omitted by act 28 of , s. 232 w.e.f. . 7. ins. by act 20 of , s. 8 w.e.f. .

section 8. of the delhi motor vehicles taxation act : every registered owner or person having possession or control of a motor vehicle shall, at the time of making payment of the tax, produce before the taxation authority a valid certificate of insurance in respect of the vehicle complying with the requirements of chapter viii of the motor vehicles act, 4 of .

section 1. of the delhi motor vehicles taxation act : 1 this act may be called the delhi motor vehicles taxation act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date1 as the 2administrator may, by notification in the official gazette, appoint. 1. 1st april, , vide notification no. g.s.r. e, dated 18th september, , see gazette of india, extraordinary, part ii, sec. 3 i. 2. subs. by act 17 of , s. 2, for chief commissioner w.e.f. .

section 2. of the delhi motor vehicles taxation act : in this act, unless the context otherwise requires 11a administrator means the administrator of delhi appointed by the president under article 239 of the constitution b delhi means the union territory of delhi c prescribed means prescribed by rules made under this act d quarter means a period of three months commencing on the first day of april, the first day of july, the first day of october or the first day of january in each year e registered owner means the person in whose name a motor vehicle is registered under the motor vehicles act, 4 of f tax means the tax levied under this act g taxation authority means any person or authority appointed by the 2administrator by notification in the official gazette to exercise the powers and perform the duties conferred or imposed upon a taxation authority by or under this act h token means a ticket to be displayed on a motor vehicle as an indication that the tax has been duly paid or that no tax is payable i year means the financial year j all words and expressions used, but not defined in this act, and defined in the motor vehicles act, 4 of , shall have the meanings respectively assigned to them in that act. 1. subs. by s. 3, ibid., for clause a w.e.f. . 2. subs. by act 17 of , s. 2, for chief commissioner w.e.f. .

section 7. of the delhi motor vehicles taxation act : when any motor vehicle in respect of which a tax for any period is payable or has been paid, is altered during such period, or proposed to be used during such period in such manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the registered owner or the person who has possession or control of the vehicle, shall, in addition to the tax, if any, due from him for that period, be liable to pay for the unexpired portion of such period since the vehicle is altered or proposed to be used, an additional tax of a sum equal to the difference between the amount of tax payable for such unexpired portion at the higher rate and the rate at which the tax was payable or paid before the alteration or use of the vehicle for that portion and until such additional tax has been paid, the taxation authority shall not grant a fresh token in respect of the vehicle so altered or proposed to be so used. explanationin calculating the unexpired portion under this section any broken period in a month shall be considered as a full month.

section 3. of the delhi motor vehicles taxation act : 11 subject to the other provisions of this act, on and from the commencement of the delhi motor vehicles taxation amendment act, , there shall be levied and collected on a all motor vehicles described in column 1 of part a of schedule i and used or kept for use in delhi, a tax at the rate specified in the corresponding entry in column 2 of the said part b all motor vehicles described in column 1 of part b of schedule i and used or kept for use in delhi i on their first registration in delhi, a one time tax at the amount specified in the corresponding entry in column 2 of the said part ii the same having been earlier registered in delhi or in any other state, then having regard to the month of their first registration in delhi or, as the case may be, in that other state, a one time tax at the amount specified in the respective columns 3 to 14 of part c of schedule i: provided that where such motor vehicles are more than ten years old from the date of their first registration, the owners thereof shall present the registration certificates of such motor vehicles to the taxation authority for an endorsement therein to the effect that the motor vehicles are more than ten years old and their use or keeping for use in delhi do not attract any tax. 22 the administrator may, by notification in the official gazette, increase from time to time, the rate specified in schedule i in relation to any motor vehicles: provided that the rate as so increased shall in no case exceed the rate as so specified by more than twentyfive per cent. thereof: 3provided further that any such increase shall not apply in respect of a motor vehicle specified in part b of schedule i on which one time tax has been levied and collected. 1. subs. by act 25 of , s. 2, for subsection 1 w.e.f. . 2. ins. by act 17 of , s. 4 w.e.f. . 3. the proviso added by act 25 of , s. 2 w.e.f. .

section 9. of the delhi motor vehicles taxation act : 1 if the tax leviable in respect of any motor vehicle remains unpaid by any person liable for payment thereof and such person before having paid the tax has transferred the ownership of such vehicle or has ceased to be in possession or control of such vehicle, the person to whom the ownership of the vehicle has been transferred or the person who has possession or control of such vehicle shall be liable to pay the said tax to the taxation authority. 2 nothing contained in this section shall be deemed to affect the liability to pay the said tax of the person who has transferred the ownership or has ceased to be in possession or control of such vehicle.

section 10. of the delhi motor vehicles taxation act : 110. refund of tax.1 when any person who has paid the tax in respect of a motor vehicle produces before the taxation authority a certificate signed by the registering authority stating that the tax token and the certificate of registration issued in respect of such vehicle have been surrendered on the date specified by the registering authority in his certificate, such person shall, on an application made in that behalf to the taxation authority and subject to such conditions as may be prescribed, be entitled to a refund, a in a case where payment of tax has been made in accordance with clause a of subsection 2 of section 4, for each complete month of the period for which such tax has been paid and which is unexpired on the date on which the tax token and the certificate of registration were surrendered, of an amount equal to onetwelfth of the annual tax payable in respect of such vehicle and b in a case where payment of tax has been made in accordance with clause b of subsection 2 of section 4, at the rates specified in schedule ia. 2 when any person has paid the tax in respect of a motor vehicle and the vehicle is removed outside delhi before the expiry of the period for which the tax has been paid and taxed in another state or the registration of such vehicle is cancelled before the expiry of the period for which the tax has been paid, such person shall, on an application made in that behalf to the taxation authority and subject to such conditions as may be prescribed, be entitled to a refund, a in a case where payment of tax has been made in accordance with clause a of subsection 2 of section 4, for each complete month of the period for which such tax has been paid, and during which the vehicle was removed from delhi or such vehicles registration is cancelled, of an amount equal to onetwelfth of the annual tax payable in respect of such vehicle and b in a case where payment of tax has been made in accordance with clause b of subsection 2 of section 4, at the rates specified in schedule ib. 3 where the rates of tax leviable under part b of schedule i are increased by notification in the official gazette under subsection 2 of section 3, the administrator may, from time to time, by the same notification or by a separate notification in the official gazette, correspondingly increase the rates of refund payable under this section and the refund of tax payable in respect of the vehicles registered on or after the date of such notification shall be at such increased rates. 1. subs. by act 25 of , s. 4, for section 10 w.e.f. .

section 5. of the delhi motor vehicles taxation act : 1 when a person pays the amount of tax leviable under section 3 in respect of any motor vehicle or proves to the satisfaction of the taxation authority that no such tax is payable in respect of such vehicle, the taxation authority shall, a issue to such person a token in the prescribed form specifying therein the period for which such tax has been paid or that no such tax is payable, and b specify in the certificate of registration granted in respect of the vehicle under the motor vehicles act, 4 of , or in the case of vehicles not registered under that act, in a certificate in such form as may be prescribed, that the tax has been paid for the period specified under clause a or that no tax is payable in respect of that vehicle, as the case may be. 2 no motor vehicle liable to tax under this act shall be used or kept for use in delhi unless the registered owner or the person having possession or control of such vehicle has obtained a valid token in respect of that vehicle, and that token is displayed on the vehicle in the prescribed manner.

section 4. of the delhi motor vehicles taxation act : 1 every registered owner or person having possession or control of a motor vehicle used or kept for use in delhi shall fill up and sign a declaration in the prescribed form stating the prescribed particulars and shall deliver the same to the taxation authority within the prescribed time. 2 the tax to which a registered owner or person having possession or control of a motor vehicle appears by such declaration to be liable under section 3 shall be paid by him, 1a where such vehicle is described in part a of schedule i, i for a year at the rate specified in the corresponding entry in column 2 thereof hereinafter referred to as the annual rate or ii for one or more quarters, at onefourth of the annual rate for each quarter or iii for any period less than a quarter expiring on the last day of the quarter, at onetwelfth of the annual rate for each complete month or part thereof included in such period or b where such vehicle is described in part b of schedule i, a one time tax at the amount specified in the corresponding entry in column 2 in the said part or, as the case may be, the amount specified in the respective columns in part c. 3 the tax shall be paid within such time and in such manner as may be prescribed. 4 in calculating the tax due for any period less than one year, fraction of a rupee shall be counted as a rupee. 1. subs. by s. 3, ibid., for clauses a, b and c w.e.f. .

section 12. of the delhi motor vehicles taxation act : 1 any tax due and not paid as provided for by or under this act and any sum directed to be recovered by way of penalty under section 11 shall be recoverable in the same manner as an arrear of land revenue. 2 the motor vehicle in respect of which the tax is due or in respect of which any sum has been directed to be recovered as penalty under section 11, or its accessories may be distrained and sold in pursuance of this section whether or not such vehicle or accessories is or are in the possession or control of the person liable to pay the tax or penalty.

section 6. of the delhi motor vehicles taxation act : 1 when a motor vehicle used or kept for use in delhi is altered or is proposed to be used in such manner as to render the registered owner or the person who has possession or control of such vehicle liable to the payment of additional tax under section 7, such owner or person shall fill up, sign and deliver in the manner provided in subsection 2, an additional declaration and shall, along with such additional declaration accompanied by the certificate of registration in respect of such motor vehicle, pay to the taxation authority an additional tax payable under that section which he appears by such additional declaration to be liable to pay in respect of such vehicle. 2 the additional declaration shall be in the prescribed form containing the prescribed particulars and shall be delivered to the taxation authority after being duly filled up and signed within the prescribed time. the additional declaration shall indicate clearly also the nature of alteration made in the motor vehicle or, as the case may be, the altered use to which the vehicle is proposed to be put. 3 on receipt of the additional tax under subsection 1, the taxation authority shall issue to the registered owner or the person who has possession or control of the vehicle, a fresh token in place of the original token and shall cause an entry of such payment to be made in the certificate of registration.

section 11. of the delhi motor vehicles taxation act : when any registered owner or any person who has possession or control of any motor vehicle used or kept for use in delhi is in default in making a payment of the tax the taxation authority may direct that, in addition to the amount of arrears, a sum not exceeding the annual tax payable in respect of such vehicle shall be recovered from him by way of penalty: provided that before giving any such direction the registered owner or such person shall be given a reasonable opportunity of being heard.

section 14. of the delhi motor vehicles taxation act : where the registered owner of a motor vehicle used or kept for use in delhi is a cooperative society registered under any law relating to cooperative societies for the time being in force, the tax payable in respect of that motor vehicle shall be one half of the rates specified in schedule i, if the taxation authority is satisfied, after such enquiry as it deems fit that, i the cooperative society is solely enagaged in the business of transport of goods or passengers or both from one place to another in motor vehicles ii at least seventyfive per cent. of the members of the cooperative society are its employees iii at least fifty per cent. of the members of the cooperative society are not related to each other and iv the motor vehicle is used or kept for use exclusively for the purpose of the cooperative society. explanationfor the purposes of this section a member shall be deemed to be related to any other member if that member is the husband, wife, brother or sister or any lineal ascendant or descendant of that other member.

section 13. of the delhi motor vehicles taxation act : 1 where the registered owner or the person having possession or control of a motor vehicle is an agriculturist and that motor vehicle has been designed for agricultural operations and is used solely for such operations in relation to his own land then, that vehicle shall be exempt from the payment of the tax. explanations.for the purposes of this subsection the expression agricultural operations includes, i tilling, sowing, harvesting, crushing of any agricultural produce or any other similar operation carried out for the purpose of agriculture ii transport of manure, seeds, insecticides and other like articles required for work in the land from the market to the land and iii transport of any agricultural produce from the land to the place of storage or from the place of storage to the market. 2 when the registered owner or the person having possession or control of a motor vehicle has given previous intimation in writing to the taxation authority that the motor vehicle would not be used in any public place for a particular period, being not less than one month, and deposits the certificate of registration of such motor vehicle with the taxation authority and obtains an acknowledgement therefor from that authority, he shall be exempt from the payment of the tax for that period. 3 where the 1administrator is of opinion that it is necessary or expedient in the public interest so to do, he may, by notification in the official gazette, and subject to such conditions as he may specify in the notification, exempt either totally or partially any class of motor vehicles other than those falling under subsection 1 or any motor vehicles belonging to any class of persons from the payment of the tax. 1. subs. by act 17 of , s. 2, for chief commissioner w.e.f. .

section 18. of the delhi motor vehicles taxation act : whoever a delivers in respect of a motor vehicle a declaration or additional declaration wherein the particulars required by or under this act to be therein set forth are not fully and truly stated, or b obstructs any officer in the exercise of the powers conferred by clause a of section 17 or fails to stop the motor vehicle when required to do so by such officer under clause b of that section, shall on conviction be punishable i with fine which may extend to a sum equal to the annual tax payable in respect of such vehicle and ii in the event of such person having been previously convicted of an offence under this section, with fine which may extend to a sum equal to twice the annual tax payable in respect of such vehicle.

section 15. of the delhi motor vehicles taxation act : where in respect of a motor vehicle the tax payable under the law relating to taxation on motor vehicles in force in any state has been paid in that state for any period and that motor vehicle is brought into delhi for use during that period, then, i no tax under this act shall be payable in respect of that motor vehicle and ii the token issued in that state in respect of that motor vehicle shall be deemed to be a token issued under this act, for such period or for a period of ninety days from the date on which the motor vehicle is brought into delhi, whichever is shorter: provided that the registered owner or the person having possession or control of the motor vehicle complies with the provisions of subsection 1 of section 4.

section 21. of the delhi motor vehicles taxation act : no court inferior to that of a magistrate of the second class shall try an offence punishable under this act.

section 16. of the delhi motor vehicles taxation act : 1 any person who is aggrieved by any order or direction of the taxation authority may file an appeal before such person or authority, in such manner, within such time and on payment of such fees, as may be prescribed. 2 the appeal shall be heard and decided in such manner as may be prescribed. 3 every decision on such appeal shall be final and shall not be called in question in any court of law.

section 17. of the delhi motor vehicles taxation act : any police officer in uniform, not below the rank of subinspector or any other officer prescribed in this behalf may a enter at any time between sunrise and sunset any premises where he has reason to believe that a motor vehicle is kept, or, b require the driver of any motor vehicle in any public place to stop such vehicle and cause it to remain stationary so long as may reasonably be necessary, for the purpose of satisfying himself that the amount of the tax in respect of such vehicle, has been paid.

section 23. of the delhi motor vehicles taxation act : 1 the 1administrator may, subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing provision, the 1administrator may make rules for all or any of the following matters, namely: a the time within which, and the manner in which, the tax shall be paid b the form of declaration and additional declaration, particulars to be stated therein and the time within which the declaration or additional declaration shall be delivered under section 4 or section 6, as the case may be c the form of the tax token and the manner in which the tax token shall be displayed in the motor vehicle under section 5 d the conditions subject to which refund of tax may be allowed under section 10 e the authority before which, the manner in which, the time within which and the fee on payment of which, an appeal may be filed and the manner in which such appeal shall be heard and decided under section 16 f the issue of duplicate tokens and of certified copies of the records of the taxation authority and the fees chargeable therefor g any other matter which is to be, or may be prescribed. 23 every rule made under this section and every notification issued under subsection 2 of section 3 3and subsection 3 of section 10 shall be laid, as soon as may be, after it is made or issued, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification, or both houses agree that the rule should not be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. subs. by act 17 of , s. 2, for chief commissioner w.e.f. . 2. subs. by act 17 of , s. 5, for subsection 3 w.e.f. . 3. ins. by act 25 of , s. 5 w.e.f.

section 19. of the delhi motor vehicles taxation act : whoever contravenes any of the provisions of this act or the rules made thereunder other than those punishable under section 18 shall on conviction be punishable with fine which may extend to one hundred rupees and in the event of such person having been previously convicted of an offence under this section, with fine which may extend to two hundred rupees.

section 25. of the delhi motor vehicles taxation act : in the delhi municipal corporation act, , for section 184, the following section shall be substituted, namely: 184. central government to pay proceeds of entertainment and betting taxes to corporation.the proceeds of the entertainment and betting taxes collected in delhi under the provisions, of the u. p. entertainment and betting tax act, u.p. act 8 of , as extended to delhi which shall form part of the consolidated fund of india reduced by the cost of collection as determined by the central government shall, if parliament by appropriation made by law in this behalf so provides, be paid to the corporation for the performance of its functions under this act..

section 20. of the delhi motor vehicles taxation act : 120. utilization of the proceeds of tax.the proceeds of the tax collected under this act which shall form part of the consolidated fund of india reduced by the cost of collection as determined by the central government shall, if parliament by appropriation made by law in this behalf so provides, be paid to, i the municipal corporation of delhi established under section 3 of the delhi municipal corporation act, 66 of ii the new delhi municipal committee established under section 11 of the punjab municipal act, punjab act 3 of , as extended to delhi and iii the cantonment board, delhi, constituted under the cantonments act, 2 of , for the performance of their respective functions under the said acts and the payment shall be made in such proportion as may be prescribed. 1. subs. by act 36 of , s. 2, for section 20 w.e.f. .

section 22. of the delhi motor vehicles taxation act : no prosecution, suit or other proceedings, shall lie against the taxation authority or any other authority for anything in good faith done or intended to be done under this act.

section 24. of the delhi motor vehicles taxation act : 1 on and from the commencement of this act, the acts specified in schedule ii shall stand repealed. 2 the repeal of the said acts by subsection 1 shall not affect, a the previous operation of the said acts or anything duly done or suffered thereunder or b any right, privilege, obligation or right conferred, accrued or incurred under any of the said acts or c any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the said acts d any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said acts had not been repealed. 3 subject to the provisions contained in subsection 2 and notwithstanding the repeal of the punjab motor vehicles taxation act, punjab act 4 of , as extended to delhi, i every declaration delivered under that act in respect of any motor vehicle shall be deemed to be a declaration delivered under this act and ii every token issued under that act and valid immediately before the commencement of this act, shall continue to be valid after such commencement for the unexpired portion of the period for which it has been issued.

section 8. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 no person shall unlawfully manufacture, acquire, possess, develop or transport a nuclear weapon or other nuclear explosive device and their means of delivery. 2 no person shall unlawfully transfer, directly or indirectly, to any one a nuclear weapon or other nuclear explosive device, or transfer control over such a weapon, knowing it to be a nuclear weapon or other nuclear explosive device. 3 no person shall unlawfully manufacture, acquire, possess, develop or transport a biological or chemical weapon or their means of delivery. 4 no person shall unlawfully transfer, directly or indirectly, to any one biological or chemical weapons. 5 no person shall unlawfully transfer, directly or indirectly, to any one missiles specially designed for the delivery of weapons of mass destruction.

The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

section 1. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 1 this act may be called the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 17th november, , vide notification no. s.o. e, dated 17th november, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates save as otherwise expressly provided in this act, the provisions of this act shall be in addition to any other relevant act for the time being in force in relation to any matter covered under this act.

section 7. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 subject to the provisions of this act and any other law for the time being in force, related to relevant activity, the central government shall have the power to direct or assign to any authority, in such manner as it may deem appropriate, such powers as may be necessary to implement the provisions of this act. 2 the central government may appoint a licensing authority and an appellate authority and make provisions relating to such authority and for licensing in such manner and in such form, as the central government may, by rules, prescribe. 3 without prejudice to the generality of the provisions contained in this act, the authorities and mechanisms provided under other relevant acts shall continue to deal with matters covered under those acts: provided that in case of any doubt as to whether a matter falls within the scope of such relevant acts or under this act, the decision of the central government thereon shall be final.

section 4. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : in this act, unless the context otherwise requires, a biological weapons are/ i microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes and ii weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict b brought in transit means to bring goods from any country into india by land, air, or amphibious means of transportation, where the goods are to be taken out from india on the same conveyance on which they are brought into india without any landing in india, but does not include a conveyance in innocent passage through indian territory, indian territorial waters or indian airspace of a foreign conveyance carrying goods. explanation i. a conveyance is a foreign conveyance if it is not registered in india. explanation ii. a conveyance is in innocent passage if it is not engaged in relevant activity and passes through or above indian territorial waters or airspace without stopping or anchoring in india c chemical weapons means, i the toxic chemicals and their precursors, except where intended for a industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes b protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons c military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare or d law enforcement including domestic riot control purposes as long as the types and quantities are consistent with such purposes ii the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subclause i, which would be released as a result of the employment of such munitions and devices and iii any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subclause ii, together or separately d export shall have the meaning assigned to this expression in the foreign trade development and regulation act, 22 of e fissile material and radioactive material shall have the meanings assigned to these expressions in the atomic energy act, 33 of f item means materials, equipment, and technology, of any description, notified under this act or any other act related to relevant activity g nonstate actor is a person or entity not acting under the lawful authority of any country h nuclear weapon or other nuclear explosive device means any nuclear weapon or other nuclear explosive device as may be determined by the central government, whose determination in the matter shall be final i public domain means domain that has no restrictions upon dissemination of information within or from it the existence of any legal rights to intellectual property in that information does not remove such information from being in public domain j relevant activity means, i the development, production, handling, operation, maintenance, storage or dissemination of a nuclear, chemical or biological weapon or ii the development, production, maintenance, storage or dissemination of missiles specially designed for delivering any such weapon k retransfer means transfer of any item notified under this act from any country or entity to which it has been exported from india, to yet another country or entity l technology means any information including information embodied in software other than information in the public domain, that is capable of being used in i the development, production or use of any goods or software ii the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind. explanation. when technology is described wholly or partly by reference to the uses to which it or the goods to which it relates may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods m terrorist shall have the meaning assigned to this expression in the unlawful activities prevention act, 37 of n transshipment means to remove goods from the conveyance on which they were brought into india and to place the goods on the same or another conveyance for the purpose of taking them out of india, where these acts are carried out on a through bill of lading, through airway bill or through manifest. explanation. through bill of lading, through airway bill and through manifest means respectively a bill of lading, airway bill and manifest, for the consignment of goods from a place outside india to a destination which is also outside india without a consignee in india o unlawful means without the authority of the central government and the expression unlawfully shall be construed accordingly p weapons of mass destruction means any biological, chemical or nuclear weapons.

section 3. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 it extends to the whole of india including its exclusive economic zone. 2 every person shall be liable to punishment under this act for every act or omission contrary to the provisions thereof, of which he is held guilty in india. 3 any person who commits an offence beyond india, which is punishable under this act, shall be dealt with according to the provisions of this act in the same manner as if such act had been committed in india. 4 the provisions of this act shall also apply to a citizens of india outside india b companies or bodies corporate, registered or incorporated in india or having their associates, branches or subsidiaries, outside india c any ship, aircraft or other means of transport registered in india or outside india, wherever it may be d foreigners while in india e persons in the service of the government of india, within and beyond india. 5 notwithstanding the applicability of the provisions of any other central act relating to any activity provided herein, the provisions of this act shall apply to export, transfer, retransfer, transit and transshipment of material, equipment or technology of any description as are identified, designated, categorised or considered necessary by the central government, as pertinent or relevant to india as a nuclear weapon state, or to the national security of india, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, covenant, convention or arrangement relating to weapons of mass destruction or their means of delivery, to which india is a party.

section 10. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates no person shall transfer, acquire, possess, or transport fissile or radioactive material, which is intended to be used to cause, or in a threat to cause, death or serious injury or damage to property for the purpose of intimidating people or a section of the people in india or in any foreign country, or compelling the government of india or the government of a foreign country or an international organisation or any other person to do so or abstain from doing any act.

section 5. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 the central government may identify, designate, categorise or regulate, the export, transfer, retransfer, transshipment, or transit of any item related to relevant activity in such manner as may be prescribed. 2 the central government may, by order published in the official gazette, designate or notify any item related to relevant activity for the purposes of this act.

section 6. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : for the purposes of this act, the central government may appoint such advisory committees as it deems fit, and may appoint to them persons to exercise such powers and perform such duties as the central government may, by rules, prescribe.

section 9. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates no person shall, directly or indirectly, transfer to a nonstate actor or terrorist, any material, equipment and technology notified under this act or any other act related to relevant activity: provided that such transfer made to a nonstate actor shall not include a transfer made as such to any person acting under lawful authority in india.

section 12. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : no person who is a resident in india shall, for a consideration under the terms of an actual or implied contract, knowingly facilitate the execution of any transaction which is prohibited or regulated under this act: provided that a mere carriage, without knowledge, of persons, goods or technology, or provision of services, including by a public or private carrier of goods, courier, telecommunication, postal service provider or financial service provider, shall not be an offence for the purposes of this section.

section 11. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates no person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems. regulations yeardescriptionfiles the foreign trade development and regulation amendment act aug

section 12a.prohibition on financing of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 112a. prohibition on financing.1 no person shall finance any activity which is prohibited under this act, or under the united nations security council act, 43 of or any other relevant act for the time being in force, or by an order issued under any such act, in relation to weapons of mass destruction and their delivery systems. 2 for prevention of financing by any person of any activity which is prohibited under this act, or under the united nations security council act, 43 of or any other relevant act for the time being in force, or by an order issued under any such act, in relation to weapons of mass destruction and their delivery systems, the central government shall have power to a freeze, seize or attach funds or other financial assets or economic resources i owned or controlled, wholly or jointly, directly or indirectly, by such person or ii held by or on behalf of, or at the direction of, such person or iii derived or generated from the funds or other assets owned or controlled, directly or indirectly, by such person b prohibit any person from making funds, financial assets or economic resources or related services available for the benefit of persons related to any activity which is prohibited under this act, or under the united nations security council act, 43 of or any other relevant act for the time being in force, or by an order issued under any such act, in relation to weapons of mass destruction and their delivery systems. 3 the central government may exercise its powers under this section through any authority who has been assigned the power under subsection 1 of section 7. 1. ins. by act 14 of , s. 2 w.e.f. .

section 13. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 1 no item notified under this act shall be exported, transferred, retransferred, brought in transit or transhipped except in accordance with the provisions of this act or any other relevant act. 2 any transfer of technology of an item whose export is prohibited under this act or any other relevant act relating to relevant activity shall be prohibited. 3 when any technology is notified under this act or any other relevant act, as being subject to transfer controls, the transfer of such technology shall be restricted to the extent notified thereunder. explanation.the transfer of technology may take place through either or both of the following modes of transfer, namely: a by a person or from a place within india to a person or place outside india b by a person or from a place outside india to a person, or a place, which is also outside india but only where the transfer is by, or within the control of, person, who is a citizen of india, or any person who is a resident in india. 4 the central government may notify any item as being subject to the provisions of this act, whether or not it is covered under any other relevant act and when such item is exhibited, sold, supplied or transferred to any foreign entity or a foreigner who is resident, operating, visiting, studying, or conducting research or business within the territorial limits of india, or in its airspace or exclusive economic zone, it shall constitute an offence.

section 17. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 where any person contravenes, or abets or attempts to contravene, any provision of this act other than the provisions under sections 8, 9, 10 and subsection 4 of section 13 of this act, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine. 2 if any person is again convicted of the same offence under subsection 1, then he shall be punishable for the second and every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine.

section 14. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates any person who contravenes, or attempts to contravene or abets, the provisions of section 8 or section 10 of this act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

section 19. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates whoever contravenes any other provision of this act or any rule or order made thereunder for which no specific punishment is provided, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 15. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 any person who, with intent to aid any nonstate actor or terrorist, contravenes the provisions of section 9 of this act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. 2 any person who, with intent to aid any nonstate actor or terrorist, attempts to contravene or abets, or does any act preparatory to contravention of subsection 1, shall be deemed to have contravened that provision and the provision of subsection 1 shall apply subject to the modification that the reference to imprisonment for life therein shall be construed as a reference to imprisonment for ten years. 3 while determining the punishment under this section, the court shall take into consideration whether the accused had the knowledge about the transferee being a nonstate actor or not.

section 16. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 any person who knowingly contravenes, abets or attempts to contravene, the provisions of subsection 4 of section 13 of this act, shall be punishable with fine which shall not be less than three lakh rupees and which may extend to twenty lakh rupees. 2 if any person is again convicted of the same offence under subsection 1, then he shall be punishable for the second and every subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine.

section 18. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : where any person signs or uses, or causes to be signed or used, any declaration, statement or document submitted to the competent authority knowing or having reason to believe that such declaration, statement or document is forged or tampered with or is false in any material particular, and relates to items notified under this act or any other relevant act, including those related to relevant activity, he shall be punishable with fine which shall not be less than five lakh rupees or five times the value of the materials, equipment, technology or services, whichever is more.

section 20. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section a company means any body corporate and includes a firm and other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 21. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : no court shall take cognizance of any offence under this act without the previous sanction of the central government or any officer authorised by the central government in this behalf.

section 22. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : no action or proceedings taken under section 5 and subsections 1 and 2 of section 7 of this act by the central government or any officer authorised by it in this behalf shall be called in question in any civil court in any suit or application or by way of appeal or revision, and no injunction shall be granted by any civil court or other authority in respect of any action taken or to be taken in pursuance of any power conferred under those provisions.

section 23. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any other instrument having effect by virtue of any enactment other than this act. 2 where any act or omission constitutes an offence punishable under this act and also under any other relevant act, then the offender found guilty of such offence shall be liable to be punished under that act which imposes a greater punishment.

section 24. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : no suit, prosecution or other legal proceeding shall lie against the central government or any officer or authority of the central government or any other authority on whom powers have been conferred pursuant to this act, for anything which is in good faith done or purported to be done in pursuance of this act or any rule or order made thereunder.

section 27. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of the period of two years from the date of commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 25. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : nothing in this act shall affect the activities of the central government in the discharge of its functions relating to the security or the defence of india.

section 26. of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a manner of regulating any item related to relevant activity under subsection 1 of section 5 b appointment of advisory committees, their powers and duties under section 6 c appointment of licensing and appellate authority and the manner of licensing under subsection 2 of section 7 and d any other matter which has to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 3. of the majority act : 13. age of majority of persons domiciled in india.1 every person domiciled in india shall attain the age of majority on his completing the age of eighteen years and not before. 2 in computing the age of any person, the day on which he was born is to be included as a whole day and he shall be deemed to have attained majority at the beginning of the eighteenth anniversary of that day. 1. subs. by act 33 of , s. 4, for sections 3 and 4 w.e.f. .

section 2. of the majority act : nothing herein contained shall affect: a the capacity of any persons to act in the following matters namely, marriage, dower, divorce and adoption b the religion or religious rites and usages of any class of 1 citizens of india or c the capacity of any person who before this act comes into force has attained majority under the law applicable to him. 1. subs. by a.o. , for his majestys subject in india.

section 1. of the majority act : 1 this act may be called the limitation act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. 31 10 . 2. 1st january, , vide notification no. s.o. , dated 29th october, , see gazette of india, part ii, sec. 3 ii. amended in west bengal by w.b. act 18 of . 1st september, , vide notification no. s.o. 647c, in respect of the state of sikkim dated 24th august, , see gazette of india, part ii, sec. 3ii.

section 2. of the king of oudhs estate act : on the departure from british india, or the death, resignation or removal, of an agent to the governor general for the affairs and purposes aforesaid, the following consequences shall ensue, namely: a any moveable or immoveable property vested in him as such agent shall become vested in his successor in office, and b a suit or other proceeding instituted by his name of office may be continued by his successor in office in the same manner as if the departure or the death, resignation or removal had not occurred.

section 1. of the king of oudhs estate act : subject to the control of the governor general in council, the person for the time being holding the office of agent to the governor general in council for the affairs of the late king of oudh and for the purposes of act xix of , may a in his own name and by his name of office dispose of any moveable and immoveable property of his late majesty the king of oudh in as full and effectual a manner as his majesty could have disposed of it in his lifetime b by his name of office take a conveyance of any moveable or immoveable property in which his late majesty had a beneficial interest and c by his name of office institute any suit or other proceeding in any civil, criminal or revenue court in connection with the possession of any moveable or immoveable property belonging to the estate of his late majesty or the dispossession of any person of any such property, or the recovery of rents, debts or other moneys due to the estate, or otherwise in connection with the administration of the estate.

section 2. of the united nations security council act : if, under article 41 of the charter of the united nations signed at san francisco on the 26th day of june the security council of the united nations calls upon the central government to apply any measures, not involving the use of armed force, to give effect to any decision of that council, the central government may, by order published in the official gazette, make such provisions including provisions having extraterritorial operation as appear to it necessary or expedient for enabling those measures to be effectively applied, and without prejudice to the generality of the foregoing power, provision may be made for the punishment of persons offending against the order.

section 1. of the united nations security council act : this act may be called the united nations security council act, .

section 8. of the revenue recovery act : when this act has been applied to any local area which is under the administration of 1the central government 2 but which is not part of 3 4 india, an arrear of landrevenue accruing in that local area, or a sum recoverable as an arrear of landrevenue and payable to a collector or other public officer or to a local authority in that local area, may be recovered under this act in 3 4 india. 1. subs. by the a.o. , for the g. g. in c.. 2. the words or the crown representative omitted by the india adaptation of incometax, profits tax and revenue recovery acts order, g. g. o. 31, dated the 10th december, gazette of india, , extraordinary, p. . 3. subs., ibid., for british india. 4. the words the provinces of omitted by the a.o..

section 1. of the revenue recovery act : 1 this act may be called the revenue recovery act, . 12 it extends to the whole of india except 2the state of jammu and kashmir 3 4 1. subs. by the india adaptation of incometax, profits tax and revenue recovery acts order, g.g.o. 31, dated the 10th december, gazette of india, , extraordinary, p. , for subsection 2. 2. subs. by act 33 of , s. 2 and the schedule, for part b states. 3. the word and rep. by act 10 of , s. 3 and the second schedule.. 4. subsection 3 rep. by s. 3 and the second schedule, ibid. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the revenue recovery act : 1 when proceedings are taken against a person under the last foregoing section for the recovery of an amount stated in a certificate, that person may, if he denies his liability to pay the amount or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit for the repayment of the amount or the part thereof so paid. 2 a suit under subsection 1 must be instituted in a civil court having jurisdiction in the local area in which the office of the collector who made the certificate is situate, and the suit shall be determined in accordance with the law in force at the place where the arrear accrued or the liability for the payment of the sum arose. 3 in the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate. 14 this section shall apply if under this act as in force as part of the law of 2pakistan or burma, or under any other similar act forming part of the law of 2pakistan or burma, proceedings are taken against a person in 3pakistan or burma, as the case may be, for the recovery of an amount stated in a certificate made by a collector in 4any state to which this act extends. 1. ins. by the a.o.. 2. ins. by the india adaptation of incometax, profits tax and revenue recovery acts order, g.g.o. 31, dated the 10th december, , gazette of india, , extraordinary, p. . 3. subs., ibid., for burma. 4. subs. by act 33 of , s. 2 and the schedule for a part a state or a part c state.

section 7. of the revenue recovery act : nothing in the foregoing sections shall be construed a to impair any security provided by, or affect the provisions of, any other enactment for the time being in force for the recovery of landrevenue or of sums recoverable as arrears of landrevenue, or b to authorise the arrest of any person for the recovery of any tax payable to the corporation, commissioner, committee, board, council or person having authority over a municipality under any enactment for the time being in force.

section 9., accruing in burma. of the revenue recovery act : 19. recovery in india of land revenues, etc., accruing in burma.1 the central government may direct2 that an arrear of landrevenue accruing in burma or a sum recoverable in burma as an arrear of landrevenue and payable to a collector or other public officer or to a local authority in burma may be recovered under this act in 3 india and thereupon such arrear or sum shall be so recoverable: provided that the central government shall not give any such direction unless it is satisfied that the remedy available under section 4 of this act in 3 india to a person paying under protest in 3 india an arrear accruing in 3 india is available under burma law in burma to a person paying under protest in 3 india an arrear accruing in burma. 2 for recovering by virtue of this section any arrears of tax, penalty due under the enactments relating to incometax or supertax in force in burma, the collector shall have such additional powers as he has in the case of indian incometax and supertax under the proviso to section 462 of the incometax act, 11 of . 43 subsections 1 and 2 shall apply in relation to pakistan as they apply in relation to burma. 1. ins. by the a. o. . 2. for a direction under this section, see gazette of india, , pt. i, p. . 3. the word british omitted by the india adaptation of incometax, profits tax and revenue recovery acts order, g.g.o.31, dated the 10th december, gazette of india, , extraordinary, p. . 4. ins., ibid.

section 10. of the revenue recovery act : where a collector receives a certificate under this act from, a collector of another state or a collector in 1pakistan or burma, he shall remit any sum recovered by him by virtue of that certificate to that collector, after deducting his expenses in connection with the matter. 1. ins., ibid.

section 5. of the revenue recovery act : where any sum is recoverable as an arrear ,of landrevenue of any public officer other than a collector or by local authority, the collector of the district in which the office of that officer or authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if it were an arrear of landrevenue which had accrued in his own district, and may send a certificate of the amount to be recovered to the collector of another district under the foregoing provisions of this act, as if the sum were payable to himself.

section 2. of the revenue recovery act : in this act, unless there is something repugnant in the subject or context, 1 district includes a presidencytown 2 collector means the chief officer in charge of the landrevenue administration of a district and 3 defaulter means a person from whom an arrear of landrevenue, or a sum recoverable as an arrear of landrevenue, is due, and includes a person who is responsible as surety for the payment of any such arrear or sum.

section 6. of the revenue recovery act : 1 when the collector of a district receives a certificate under this act, he may issue a proclamation prohibiting the transfer or charging of any immovable property belonging to the defaulter in the district. 2 the collector may at any time, by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the amount stated in the certificate has been recovered or the property has been sold for the recovery of that amount. 3 any private alienation of the property or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void as1against the 2government and any person who may purchase the property at a sale held for the recovery of the amount stated in the certificate. 4 subject to the foregoing provisions of this section, when proceedings are taken against any immovable property under this act for the recovery of an amount stated in a certificate, the interest of the defaulter alone therein shall be so proceeded against, and no incumbrances created, grants made or contracts entered into by him in 3good faith shall be rendered invalid by reason only of proceedings being taken against those interests. 5 a proclamation under this section shall be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the property to which it relates. 1. subs. by the a o. , for against the government. 2. subs. by the a.o. , for crown. 3. see definition in the general clauses act, 10 of , s. 22.

section 3. of the revenue recovery act : 1 where an arrear of landrevenue, or a sum recoverable as an arrear of landrevenue, is payable to a collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the collector may send to the collector of that other district a certificate in the form as nearly as may be of the schedule, stating a the name of the defaulter and such other particulars as may be necessary for his identification, and b the amount payable by him and the account on which it is due. 2 the certificate shall be signed by the collector making it 1or by any officer to whom such collector may, by order in writing, delegate this duty, and, save as otherwise provided by this act, shall be conclusive proof of the matters therein stated. 3 the collector of the other district shall, on receiving the certificate, proceed to recover the amount stated therein as if it were an arrear of landrevenue which had accrued in his own district. state amendment assam insertion of new section.after section 3 of the principal act, the following shall be inserted as section 3a, namely: 3a.certificate officers to perform the functions of collector in respect of certificates received.notwithstanding anything to the contrary contained in this act, when any certificate is received under this act, by the collector of a district, any certificate officer in the district may exercise all the powers and perform all the duties and functions of such collector under this act, in respect of such certificate. explanationin this section certificate officer has the same meaning as in the bengal public demands recovery act, bengal act iii of . vide assam act 16 of , s. 2. 1. ins. by act 4 of , s. 2 and the schedule, part i.

section 6. of the jammu and kashmir extension of laws act : 1 if any difficulty arises in giving effect to the provisions of any act or ordinance now extended to the state of jammu and kashmir, the central government may, by order notified in the official gazette, make such provisions or give such directions as appear to it necessary for the removal of the difficulty. 2 in particular, and without prejudice to the generality of the foregoing power, any such notified order may, a specify the corresponding authorities within the meaning of section 4, b provide for the transfer of any matter pending immediately before the commencement of this act before any court, tribunal or other authority, to any corresponding court, tribunal or authority for disposal, c specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken including any of the matters specified in the second proviso to section 5 under any law repealed by that section shall be recognised or given effect to under the corresponding provision of the act or ordinance now extended. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 1. of the jammu and kashmir extension of laws act : 1 this act may be called the jammu and kashmir extension of laws act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st november, , vide notification no. s. r. o. , dated 10th october, , see gazette of india, extraordinary, part ii, sec. 3.

section 3. of the jammu and kashmir extension of laws act : any reference in any act or in the ordinance mentioned in the schedule to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the jammu and kashmir extension of laws act : if immediately before the commencement of this act there is in force in the state of jammu and kashmir any law corresponding to any act or ordinance now extended to that state, that law shall, save as otherwise expressly provided in this act, stand repealed on such commencement: provided that the repeal shall not affect a the previous operation of any law so repealed or anything duly done or suffered hereunder, b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, c any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or d any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that, subject to the preceding proviso, anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, form, byelaw or scheme framed, certificate obtained, permit or licence granted or registration effected under any such law shall be deemed to have been done or taken under the corresponding provisions of the act or ordinance now extended to that state, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said act or ordinance. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the jammu and kashmir extension of laws act : any reference by whatever form of words in any law for the time being in force in the state of jammu and kashmir to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that state shall, where a corresponding new authority has been constituted by or under any law now extended to that state, have effect as if it were a reference to the new authority. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the jammu and kashmir extension of laws act : 1 the acts and ordinance mentioned in the schedule and all rules, orders and regulations made there under are hereby extended to, and shall be in force, in the state of jammu and kashmir. 2 with effect from the commencement of this acts the act and ordinance mentioned in the schedule shall be amended as specified therein. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the central provinces tenancy act : a when a landlord refuses to accept any instalment of rent payable in money when tendered to him by a tenant, b when a tenant, in the case mentioned in section 7, desires the appointment of a person to receive rent payable in money and the appointment is not made within a reasonable time, and, c when a tenant in any case is doubtful as to the person entitled to receive rent payable in money, the tenant may apply to a revenueofficer for permission to deposit in his court the amount of rent which he believes to be due and that officer shall receive the deposit, if it appears to him, after examining the applicant, that he had reasonable grounds for making the application, and that it was made in good faith, and if the applicant pays the fee if any chargeable for the issue of the notice next hereinafter referred to.

section 1. of the central provinces tenancy act : 1 this act may be called the central provinces tenancy act, . 2 it extends to all the territories for the time being administered by the chief commissioner of the central provinces and 3 it shall come into force at once.

section 9. of the central provinces tenancy act : 1 when a deposit has been so received, it shall be deemed to be a payment made by the tenant to his landlord in respect of rent due. 2 the officer receiving the deposit shall give notice of the receipt thereof to every person who he has reason to believe claims, or is entitled to, the deposit, and may pay the amount thereof to any person appearing to him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a civil court as to the person so entitled. 3 no suit or other proceeding shall be instituted against the secretary of state for india in council, or against any officer of the government, in respect or anything done by a revenueofficer under this section but nothing in this section shall prevent any person entitled to receive the amount of any such deposit from recovering the same from a person to whom it has been paid by a revenueofficer.

section 4. of the central provinces tenancy act : in all suits and proceedings between landlord and tenant, the rent payable for any agricultural year by a tenant in respect of his holding shall be resumed, until the contrary is proved, to be the rent payable in respect of the holding in the agricultural year immediately preceding that year.

section 7. of the central provinces tenancy act : when two or more persons are landlords of a tenant in respect of the same holding, the tenant, subject to any rule which the local government may, by notification in the local official gazette, make in this behalf, and to any contract between the parties, shall not be bound to pay part of the rent of his holding to one of those persons and part to another or others and, subject as aforesaid, those persons shall, if the tenant so desires, appoint one of their number or some other person to receive the rent.

section 10. of the central provinces tenancy act : a landlord who, except under any special enactment for the time being in force, levies from a tenant anything in excess of the rent legally payable shall, on the application of the tenant, be liable under the order of a revenueofficer, not below the class of deputy commissioner, to pay as penalty such sum as the revenueofficer thinks fit, not exceeding five hundred rupees, or, when double the amount or value of what is so levied exceeds five hundred rupees, not exceeding double that amount or value. such sum shall be awarded to the tenant as compensation.

section 3. of the central provinces tenancy act : there shall be five classes of tenants, namely : 1 absolute occupancytenants 2 occupancytenants 3 villageservicetenants 4 subtenants and 5 ordinary tenants.

section 5. of the central provinces tenancy act : save as provided in sections 66 and 78, an order fixing, altering or commuting the rent of a holding on an application under this act may, as the officer making the order thinks fit, take effect from the commencement of the agricultural year next following the date of the application, or from any subsequent day, or, if it is made on the ground of increase, diminution or deterioration of the holding, from the date of that increase, diminution or deterioration, or from any subsequent day.

section 2. of the central provinces tenancy act : in this act, unless there is anything repugnant in the subject or context, 1 the expressions agricultural year, malik makbuza, sirland, surveynumber, recordofrights and village have the meanings assigned to them, respectively, in the central provinces landrevenue act, xviii of as from time to time amended : 2 arrear means an installment or part of an installment of rent which is not paid on or before the date on which it is payable: 3 holding means a parcel of land held by a tenant of a landlord under one lease or one set of conditions: 4 improvement means, with reference to a holding, any work which adds to the lettingvalue of the holding, which is suitable to the holding and consistent with the purpose for which it was let, and which, if not executed on the holding, is either executed directly for its benefit, or is, after execution, made directly beneficial to it: explanation i.it includes the reclaiming, enclosing or clearing of lands for agricultural purposes but it does not include such embankments, temporary wells and waterchannels as arc made by tenants in the ordinary course of agriculture and no work executed by the tenant of a holding is an improvement if it substantially diminishes the value of any other part of the estate of his landlord: explanation ii.a work which benefits several holdings may be deemed to be, with respect to each of them, an improvement: 5 land means land which is let or occupied for agricultural purposes or for purposes subservient to agriculture, and includes the sites of buildings appurtenant to such land: 6 landlord means the person of whom a tenant holds land, and to whom the tenant is, or, but for special contract, would be, liable to pay rent for that land : 7 pay, payable and payment, used with reference to rent, include deliver, deliverable and delivery : 8 rent means whatever is paid, delivered or rendered, in money, kind or service, by a tenant on account of the use or occupation of land let to him : 9 revenueofficer and settlementofficer, in any provision of this act, mean, respectively, such revenueofficer or settlementofficer appointment under the central provinces landrevenue act, xviii of as from time to time amended, as the local government may, by notification in the local official gazette, direct to discharge the functions of a revenueofficer or settlementofficer as the case may be under that provision : and 10 tenant means a person who holds land of another person, and is, or, but for a special contract, would be, liable to pay rent for that land to that other person. but it does not include a farmer, mortgagee or thikadar of proprietary rights: explanation i.an inferior proprietor is not, as such, a tenant : explanation ii. the holder of a surveynumber in a village let in farm by the government, or held by a gaontia in the sambalpur district, is a tenant of the farmer or gaontia for the time being.

section 14. of the central provinces tenancy act : when the rent of any tenant has been enhanced under section 13 or was fixed at the current settlement with regard to an improvement made by or at the expense of the landlord, a revenueofficer may at any time, on the application of the tenant, modify or cancel the order for enhancement, or reduce such rent, on the ground that the effect of the improvement in increasing the productive power of the holding has diminished or ceased since the date of the order for enhancement or of the last modification of such order made under this section, or since the rent was fixed by the settlementofficer, as the case may be.

section 6. of the central provinces tenancy act : rent shall be payable in such instalments and on such dates as the local government may, by notification in the local official gazette, prescribe, and, in the absence of any such notification applicable to the case, according to the contract between the parties, or, where there is no such contract, according to local usage.

section 11. of the central provinces tenancy act : where rent is due, every payment by a tenant to his landlord shall, unless the tenant otherwise agrees, be presumed to be a payment on account of rent.

section 12. of the central provinces tenancy act : a landlord who refuses to grant a receipt for rent paid by a tenant, or grants a receipt but refuses or neglects to specify therein the holding, and the period or crop, in respect of which the payment is made, or the amount paid, shall, on the application of the tenant, be liable, under the order of a revenueofficer, to pay as penalty such sum, not exceeding double the amount or value of the rent so paid, as the revenueofficer thinks fit. such sum shall be awarded to the tenant as compensation.

section 21. of the central provinces tenancy act : 1 if in any division under the foregoing provisions either party receives less than the share to which he is entitled, he may, within three months from the date on which the division is completed, institute a suit against the other party to recover the value of the additional portion of the crop due to him at the price which prevailed on that date. 2 if no such suit is instituted within the said period of three months, the division shall for all purposes be deemed as between the parties thereto to have been rightly made.

section 18. of the central provinces tenancy act : whenever from any cause the payment of the whole or any part of the landrevenue payable in respect of any land is remitted or suspended, a revenueofficer may, by general or special order, remit or suspend, as the case may be, the payment of the rent of that land to an amount which may bear the same proportion to the whole of the rent payable in respect of the land as the landrevenue of which the payment has been remitted or suspended bears to the whole of the landrevenue payable in respect of the land, and may distribute the amount so remitted or suspended amongst the tenants holding such land as may seem to him to be equitable, having regard to the effect on their holdings of the cause which has led to the remission or suspension of the landrevenue : provided that, where the rent is taken by actual division of the produce, no portion of it shall be suspended under this section.: 2 an order passed under subsection 1 shall not be liable to be contested by suit in any court.: 3 no suit shall lie for the recovery of any rent of which the payment has been remitted, or, during the period of suspension, of any rent of which the payment has been suspended, and, so long as a suit does not lie, such rent shall not be legally payable within the meaning of section 10.: 4 where the payment of rent has been suspended, the period of suspension shall be excluded in the computation of the period of limitation prescribed for bringing a suit for the recovery of the rent.: 5 the provisions of this section relating to the remission and suspension of the payment of rent may be applied, as far as may be, to land of which the landrevenue has been wholly or in part released, compounded for or redeemed, in any case in which, if the landrevenue in respect of the land had not been released, compounded for or redeemed, the whole or any part of it might, in the opinion of the revenueofficer, have been remitted or suspended.: 6 the provisions of this section relating to rent shall apply also, as far as may be, to revenue payable by malikmakbuzas, to revenue and malikana payable by inferior proprietors, and to thikajamas payable by thikadars of proprietary rights, and the provisions of section 10 apply in cases where revenue, malikana or thikajama has been collected in contravention of this section.:

section 20. of the central provinces tenancy act : 1 when a revenueofficer appoints a commissioner for any of the purposes mentioned in section 19, the officer may, in his discretion, direct the commissioner to associate with himself any other persons as assessors, and may give him instructions regarding the number, qualifications and mode of selecting those assessors if any, and the procedure to be followed in making the division, estimate or appraisement. 2 the commissioner so appointed shall make the division, estimate or appraisement in accordance with those instructions.

section 17. of the central provinces tenancy act : 1 in all cases in which a tenant, other than an ordinary tenant whose holding consists entirely of sirland, or than a subtenant, pays rent for a holding in kind, or on the estimated value of a portion of the crop or at rates varying with the crop or partly in one of those ways and partly in another or others, the landlord or tenant may, notwithstanding anything in the recordofrights or any contract between the parties, other than a contract whereby wasteland is let for the purpose of reclamation, apply during the progress of a settlement to a settlementofficer, or at any other time to a revenueofficer, to commute the rent to a fixed moneyrent. 2 on the receipt of the application, the officer, after giving notice of the application to the other party and hearing him, if he appears, may fix the sum to be paid as moneyrent, and may, for reasons to be recorded by him in writing, order that the tenant shall, in lieu of paying his rent in kind, or otherwise as aforesaid, pay the sum so fixed. 3 if the application is opposed, the officer may, for reasons to be recorded by him in writing, refuse to grant the same.

section 19. of the central provinces tenancy act : whenever rent is taken by division of the produce, or by estimate or appraisement of the crop, if either the landlord or the tenant neglects to attend, either personally or by agent, at the proper time for making the division, estimate or appraisement, or if there is a dispute about the division of the produce or the quantity or value of the crop, a revenueofficer may, on the application of either party, issue a commission to such person as the officer thinks fit, directing him to divide, estimate or appraise the crop.

section 16. of the central provinces tenancy act : when a landlord grants a lease, or makes any other contract fixing the rent of any holding, and, while the lease or contract is in force, a landrevenue is for the first time made payable in respect of the holding, or b landrevenue having been previously payable in respect of it, the revenue payable when the lease or other contract was granted or made is increased or diminished, a revenueofficer may, notwithstanding anything in the recordofrights or any contract between the parties, by order, on the application of the landlord or of the tenant, alter the rent with reference to the revenue.

section 15. of the central provinces tenancy act : when the area of a holding the rent of which is payable in money is increased or diminished by the encroachment of the tenant or the landlord, or by, fluvial action or otherwise, or the soil of a holding is, without the fault of the tenant, permanently deteriorated by a deposit of sand or by any other calamity, a revenueofficer may, notwithstanding anything in the recordofrights or any contract between the parties, by order, on the application of the landlord or of the tenant, alter the rent with reference to that increase, diminution or deterioration.

section 24. of the central provinces tenancy act : where an arrear of rent is due in respect of holding, the landlord may, by notice served as hereinafter provided, prohibit the removal of the produce of the holding : first, such a prohibition shall not be made on account of an arrear which has been due for a longer period than one year, or in respect of any produce which is under attachment by order of any court and secondly, such a prohibition shall not be made more than once in respect of the same produce on account of the same arrear.

section 28. of the central provinces tenancy act : 1 if the produce of the holding on which the arrear is due is under attachment by order of a civil court, the landlord may apply to the court to sell the produce and pay to him out of the proceeds of the sale thereof the amount or value of a any rent which has fallen due to him in respect of the holding within the year immediately preceding the application and b the instalment of rent falling due next after the time at which in the ordinary course of agriculture the produce would be harvested. and the court, if on inquiry it finds the landlords claim to the whole or any part of the rent to be proved, shall sell the produce or such portion thereof as it may deem necessary, and shall apply the proceeds of the sale, in the first instance, to satisfy the claim. 2 the finding of a court on an inquiry under this section shall have the force of a decision in a suit between the parties.

section 22. of the central provinces tenancy act : 1 when a crop has been estimated or appraised under the foregoing provisions, the estimate or appraisement shall be reduced to writing and signed by the commissioner making the same, and shall be submitted to the revenueofficer by whom the commission was issued. 2 the revenueofficer shall consider the commissioners report, and, after such hearing and inquiry if any as he may think necessary, shall pass an order thereon either confirming or varying the estimate or appraisement, and that order shall be final.

section 29. of the central provinces tenancy act : where land is sublet and any conflict arises under sections 24 to 28 both inclusive between the rights of a superior and of an inferior landlord, the right of the superior landlord shall prevail.

section 23. of the central provinces tenancy act : in sections 24 to 30 both inclusive the produce of a holding means a crops and other products of the earth standing or ungathered on the holding b crops and other products of the earth which have been grown on the holding and have been reaped or gathered and are deposited on the holding or on a threshingground, or are stored, by a tenant of the land on which they have been grown, within the village in which the holding is situate or the tenant resides.

section 25. of the central provinces tenancy act : if, while the notice is in force, the landlord institutes a suit for the recovery of the rent, the notice shall continue in force until the court trying the suit otherwhile directs and, if the landlord obtains a decree in the suit, the amount of that decree shall be the first charge upon the produce.

section 26., produce not affected. of the central provinces tenancy act : a notice under section 24 shall not prevent any person from reaping, gathering or storing any produce, or doing any other act necessary for its due preservation.

section 27. of the central provinces tenancy act : 1 every notice under section 24 shall be in writing, and shall specify the amount of the arrear claimed, the period for which, and the holding in respect of which, it is claimed, and, when an amount in excess of the rent payable by the tenant in the last preceding agricultural year is claimed, the decree, order or agreement, as the case may be, for the payment of that amount. 2 the notice shall be served on the person in charge of the produce, and shall, subject to the provisions of section 25, remain in force until the expiration of thirtyfive days from the date of service of the notice, or, if the rent specified in the notice is paid previously to the expiration of such thirtyfive days, until such rent is paid.

section 33. of the central provinces tenancy act : 1 the local government may, by notification in the local official gazette, make rules requiring the civil court to associate with itself, for the purpose of estimating the compensation to be awarded under section 32 for an improvement such number of assessors as the local government determining the qualifications of those assessors and the mode of selecting them. 2 in estimating the compensation to be awarded under section thirty for an improvement, regard shall be had. a to the amount by which the letting value, or the produce, of the holding, or the value of that produce, is increased by the improvement b to the labour and capital required for the making of such an improvement and c to any reduction or remission of rent or other advantage given by the landlord to the tenant in consideration of the improvement. 3 when the amount of the compensation has been assessed, the landlord and tenant may, if they think fit, agree that, instead of being paid wholly in money, it shall be made wholly or partly in some other way.

section 30. of the central provinces tenancy act : 1 any landlord of a holding who distrains or attempts to distrain the produce of the holding, or prevents or attempts to prevent, otherwise than in accordance with this act, any person from reaping, gathering, storing, removing or otherwise dealing with any produce of the holding, and, where a notice in respect of the produce of a holding has been served under section 27 and is in force, any person who, knowing or having reason to believe that the notice is in force, removes, attempts to remove or abets the removal of the produce, except for any of the purposes mentioned in section 26, shall, on the application of either landlord or tenant, be liable under the order of a revenueofficer to fine which may extend to five hundred rupees. 2 nothing in this section, and, except as provided in section 546 of the code of criminal procedure, , no proceeding under this section, shall affect the right of any person to recover compensation in a civil suit.

section 35. of the central provinces tenancy act : 1 any tenant not bound by a lease or other agreement for a fixed period may, at the end of any agricultural year, surrender his holding : provided that, notwithstanding such surrender, the tenant shall continue to be liable for the agricultural year next following the date of the surrender for the rent of the holding, unless he gives to his landlord, at least thirty days before he surrenders, notice of his intention to surrender. 2 in the following cases the court shall presume that such notice was duly given as required by the proviso to subsection 1, that is to say : a if the tenant takes a new holding in the same village from the same landlord during the agricultural year next following the surrender b if the tenant ceases, at least thirty days before the end of the agricultural year at the end of which the surrender is made, to reside in the village in which the surrendered holding is situate and c if the landlord himself, at any time during the agricultural year next following the surrender, cultivate lets to another tenant the holding or any part thereof. 3 a tenant of a surveynumber in a village let in farm by the government, or held by a gaontia in the sambalpur district, shall be deemed to have surrendered his holding if he refuses to agree to the rent fixed under this act for the holding, but shall not continue liable under subsection 1 for the rent of his holding. 4 any tenant other than an absolute occupancytenant who leaves his holding uncultivated and the rent of it unpaid for a period of two years shall, at the expiration of that period, be deemed to have surrendered the holding : provided that, in reckoning that period, any time during which, owing to an inundation or any other accident to the land beyond the tenants control, it may have been impossible to cultivate the land shall be excluded.

section 31. of the central provinces tenancy act : 1 in respect of the holding of an absolute occupancytenant or occupancytenant, or of the holding of an ordinary tenant which does not consist entirely of sirland, the tenant shall be entitled to make improvements. 2 if the landlord of any such holding as is referred to in sub section 1 desires that any improvement be made in respect of the holding, he may deliver, or cause to be delivered, to the tenant a request in writing calling upon him to make the improvement within a reasonable time, and, if the tenant is unable or neglects to comply with that request, may, subject to such rules of procedure as the local government may, by notification in the local official gazette, prescribe in this behalf, make the improvement himself. 3 in respect of the holding of an ordinary tenant which consists entirely of sirland, the landlord shall be entitled to make improvements.

section 32. of the central provinces tenancy act : 1 if a tenant, or the person under whom he claims, has made an improvement in respect of his holding in accordance with this act or with the landlords consent otherwise than in accordance with this act, he shall not be ejected until he has received compensation for the improvement, unless the improvement was begun by him after the institution of the proceedings which resulted in the decree or order for his ejectment. 2 a civil court making a decree for the ejectment of a tenant, or a revenueofficer ordering ejectement in execution of a decree for arrears or otherwise, shall determine the amount of compensation if any due to him under this section, and shall stay execution until the landlord deposits the amount less any arrears of rent or costs that have been ascertained by the proceedings for such ejectment to be die to him from the tenant. 3 no compensation shall be claimable under this section for an improvement where the tenant has made the improvement in pursuance of a contract binding him, in consideration of some substantial advantage to be obtained by him, to make the improvement without compensation, and has obtained that advantage. 4 improvements made by a tenant before the commencement of this act, in lands other than sirland, shall be deemed to have been made in accordance with this act, unless it is shown that the landlord forbade the tenant to make the improvement, and was ready to make it himself.

section 36. of the central provinces tenancy act : 1 if an occupancytenant surrender his holding under section 35, any such person as would be entitled to inherit his right in the holding in the event of his death without nearer heirs may, on application to a revenueofficer, made at any time within two years after the date of the surrender, be placed in possession of the holding, subject, so far as the revenueofficer may, in accordance with rules made by the local government, determine, to his acceptance of the liabilities of the surrendering tenant for arrears of rent and for advances made by the landlord or other persons for the necessary expenses of cultivation. 2 as among several persons so entitled and desirous of being placed in possession of the holding, the right to be so placed shall accrue in the order in which such persons would have inherited the right of the tenant in the holding if the tenant had died. 3 when any such application as aforesaid is made, the revenueofficer shall issue a notice to all persons who seem to him primafacie to have a right equal or prior to that of the applicant, and shall also cause local proclamation to issue in the village in or from which the holding was cultivated, inviting all the surrender to appear before him on a date to be fixed and shall, after hearing such of the persons to whom notice was issued as may appear, and any other persons who may apply to be heard in the matter, decide who from among such of them as desired to be placed in possession is first entitled to be so placed. 4 subsections 1, 2 and 3 shall not apply in cases where, subject to any rules made by the local government in this behalf, a revenueofficer has decided, after an enquiry made on the application of either landlord or tenant, that the surrender is bona fide and has not been made with the object of evading the provisions of section 45 or section 46.

section 34. of the central provinces tenancy act : an entry in the recordofrights of any village or a stipulation in a contract providing. a that a landlord shall be entitled to prevent a tenant from making, or to eject him for making, such improvements on his holding as he entitled to make under this act, or b that a tenant ejected from his holding shall not be entitled to compensation for improvements in any case in which he would, under this act, be entitled to such compensation, shall be void.

section 42. of the central provinces tenancy act : notwithstanding any contract to the contrary, or any provision of a recordofrights, an absolute occupancytenant shall not be ejected from his holding by his landlord as such for any cause.

section 37. of the central provinces tenancy act : when a person, at the time of taking a thika or farm, is a tenant of any land comprised therein, his interest as tenant shall not be affected by reason only of his taking the thika or farm.

section 38. of the central provinces tenancy act : nothing in this act regarding the rights of an absolute occupancytenant, an occupancytenant or an ordinary tenant shall be deemed to apply to the tenant of any land situate within the limits of any forestland or wasteland which has been declared to be a reserved forest under the indian forest act, iii of .

section 43. of the central provinces tenancy act : the rent of the holding of an absolute occupancytenant shall be the first charge on that holding, which shall, subject to the other provisions of this act, be liable to sale in execution of a decree for arrears of the rent thereof.

section 39. of the central provinces tenancy act : every person who, at the commencement of this act, is the tenant of any holding in respect of which he, or a person whose rights he has acquired, had been recorded in any recordofrights made before the first day of january, , as an absolute occupancyraiyat, or in terms equivalent thereto, shall, unless he has parted with his rights, be deemed to be an absolute occupancytenant of that holding.

section 41. of the central provinces tenancy act : 1 the right of an absolute occupancytenant in his holding shall on his death devolve as if it were land, and shall be transferable subject to the conditions contained in this section. 2 if an absolute occupancytenant intends to transfer any right in his holding by sale or gift, or, by mortgaging the same for a sum which, together with the interest payable thereon during the five years immediately succeeding the mortgage and the previous sums if any secured by mortgage of it, would exceed eight times the annual rent of the holding, or by subletting the same in consideration of a fine or premium exceeding five times that rent, he shall give to his landlord a written notice of his intention, and shall defer proceeding with the transfer for a period of one month from the date on which the notice is given. 3 if the intended transfer is by sale or gift, the landlord may, within the said period of one month. a claim to purchase the absolute occupancy right at such value as a revenueofficer may, on application made to him in this behalf, fix or b permit the sale or gift, in which case he shall be entitled to a sum equal to the rent for one year, and that sum shall be a first charge on the holding. 4 if the intended transfer is by mortgage or sublease, the landlord may, within the said period of one month, claim to purchase the absolute occupancyright at such value as a revenueofficer may, on application made to him in this behalf, fix. 5 when the right of an absolute occupancytenant in his holding is sold or is foreclosed by order of a civil court in execution of a decree other than a decree obtained by his landlord, the landlord shall have the same right of preemption as is given in the case of a sale by clause a of subsection 3. 6 when an application is made to a revenueofficer under this section to fix the value of an absolute occupancyright which is already mortgaged, he shall fix the value of the right as if it were not mortgaged and, if the landlord purchases the right, the mortgagedebt shall be a charge on the purchasemoney in exoneration of the land. 7 any transfer made in contravention of this section shall be voidable at the instance of the landlord. 8 if a person to whom an absolute occupancytenant has transferred possession of his holding in contravention of the provisions of this section be ejected by the landlord, the tenant may apply to a revenueofficer within one year of the ejectment of such person to be reinstated in possession of the holding, and the revenueofficer may order him to be reinstated in possession on his depositing within a stated period, for payment to the landlord, the costs incurred by the landlord in procuring the ejectment. if the tenant fails to make such application within one year of the ejectment, or if he fails to deposit such cost within the period stated, his tenancy shall be deemed to have lapsed.

section 40. of the central provinces tenancy act : 1 the rent of the holding of every absolute occupancytenant shall be fixed by the settlementofficer at each settlement of the area in which the holding is comprised, and the rent so fixed shall not be altered during the currency of the settlements, except under the provisions of section thirteen, section fourteen, section fifteen or section seventeen. 2 the rent payable by any such tenant in respect of his holding at the commencement of this act shall be deemed to have been fixed at the current settlement of the area in which his holding is comprised.

section 45. of the central provinces tenancy act : 1 notwithstanding any agreement to the contrary and save where sanction has been given under subsection 2, a proprietor who, after the commencement of this act, temporarily or permanently loses whether under decree or order of a civil court or a revenueofficer or otherwise or transfers his right to occupy sirland as a proprietor, shall at the date of such loss or transfer become an occupancytenant of that sirland, and the rent payable by him as such shall be the sum determined at the current settlement as the rental value of such land, unless and until, on the application of either landlord or tenant, the rent is fixed by a revenueofficer. 2 grant of sanction in certain cases to transfer of the right to occupy sirland.an application by a proprietor for sanction to transfer his sirland without reservation of the right of occupancy provided for in subsection 1 may be made to such revenueofficer, not being below the class of deputy commissioner, as the local government may appoint for this purpose. such officer shall sanction transfer in cases in which he is satisfied that the transferor is not wholly or mainly an agriculturist or that the property is selfacquired or has been acquired otherwise than by inheritance within the twenty years last preceding in other cases he shall transmit the application to the local government, which may sanction the transfer in whole or in part, on the ground that a the transferor, though wholly or mainly an agriculturist, will have other permanent means of subsistence after transferring the right to occupy his sirland, or b that the area of the sirland is too large for the transferor to manage after he has transferred his proprietary rights, or c that for any other reason the transfer ought to be permitted. the local government may make rules for the guidance of revenueofficers dealing with applications under this subsection. 3 prohibition in certain cases of registration of documents transferring right to occupy sirland.notwithstanding anything contained in the indian registration act, iii of , no officer empowered to register documents under that act shall admit to registration any document which purports to transfer or surrender the rights of a proprietor in his sirland, without reservation of the right of occupancy provided for in subsection 1, or to be an agreement for such transfer or surrender, unless sanction to such transfer or surrender has been endorsed on the document in such manner and by such authority as the local government may direct. 4 partition of undivided share in sirland.if there are two or more shares in any sirland, and one of them becomes an occupancytenant in it under this section, his previous share in such sirland shall, on application made by him or by his landlord, be divided off by a revenueofficer, and his rights as occupancytenant shall be limited to the land comprised in such share. 5 saving of rights of ordinary tenants.the accrual of occupancytenantright under subsection 1 shall not affect the rights of an ordinary tenant holding any part of the sirland at the time of such accrual. 6 saving of prior registered documents.nothing in this section shall affect a document expressly providing for the transfer of the right to occupy sirland as a proprietor, and duly registered before the commencement of this act or shall apply to a surrender or a transfer made, decreed or ordered in pursuance of such a document. 7 bar of jurisdiction of civil courts.no civil court shall question the validity of an order passed under this section granting or refusing sanction to the transfer of the right to occupy sirland as a proprietor. 8 exception of bhogra.nothing in this section shall apply to bhogra land. explanation.for the purposes of this section a transfer includes a mortgage and a lease.

section 44. of the central provinces tenancy act : every tenant who, on the first day of january, , had held the same land continuously for twelve years, otherwise than as an absolute occupancytenant or a subtenant, and every person who is at the commencement of this act, or thereafter becomes, a tenant not being an absolute occupancytenant or a subtenant of land in the districts of chanda, nimar and sambalpur, shall be deemed to be an occupancytenant of that land : provided that the land is not. a sir land, or b held in lieu of wages, or c held, in any district other than sambalpur, under a written lease in which it is expressly agreed that a right of occupancy in the land shall not be acquired or that the tenant shall quit the land at the termination of the lease. explanation i.the occupation of any person from whom the tenant inherited or lawfully acquired his holding shall, for the purposes of this section, be deemed to be the occupation of the tenant. explanation ii.where, by the custom of any village, the holdings of tenants are, or have been, liable to periodical redistribution, land which a tenant or any person under whom he claims has, in accordance with that custom, from time to time, received in exchange for land previously held by him, is, for the purpose of calculating, under this section, the period of twelve years, deemed to be the same land as the land which he held before the exchange.

section 48. of the central provinces tenancy act : when any such application as aforesaid is made, the revenueofficer shall issue a notice to all persons who seem to him prima facie to have a right equal or prior to that of the applicant, and shall also cause local proclamation to issue in the village in or from which the holding was cultivated, inviting all persons claiming to be heirs of the tenant who made the transfer to appear before him on a date to be fixed and shall, after hearing such of the persons to whom notice was issued as may appear, and any other persons who may apply to be heard in the matter, decide who from among such of them as desire to be placed in possession is first entitled to be so placed : provided that in the case of a sublease, if the tenant who made the sublease appears and pays within such period as the revenueofficer may determine the amount of the consideration, if any has passed, for which the sublease was made and the costs of the applicant if he would otherwise have been successful, the revenueofficer may replace the tenant himself in possession of the land, if he is satisfied that the tenant made the sublease in ignorance of the law and is able and willing to cultivate the holding.

section 47. of the central provinces tenancy act : 1 if an occupancytenant transfers any portion of his right in any land in contravention of the provisions of the last foregoing section, any such person as would be entitled to inherit his right in the holding in the event of his death without nearer heirs, or the landlord from whom the tenant held the land, may, on application to a revenueofficer, made within two years from the date on which in pursuance of the transfer the tenant parted with possession of the land, be placed in possession, subject, so far as the revenueofficer may, in accordance with rules made by the local government, determine, to his acceptance of the liabilities of the transferring tenant for arrears of rent and for advances made by the landlord or other persons for the necessary expenses of cultivation. 2 as among several persons so entitled and being desirous of being placed in possession, the right to be so placed shall accrue in the order in which such persons would have inherited the right of the tenant in the subject of the transfer if the tenant had died. failing any such persons, the right shall accrue to the landlord.

section 53. of the central provinces tenancy act : a tenant having a right of occupancy in land situate in a village in which the holdings of tenants are by custom liable to periodical redistribution, and exchanging that land in accordance with the custom for other land situate in the same village, shall be deemed to have a right of occupancy in the land so taken in exchange.

section 46. of the central provinces tenancy act : 1 when an occupancytenant dies his right in his holding shall devolve as if it were land : provided that, except in the districts of chanda, nimar and sambalpur, a collateral relative of the tenant shall not be entitled to inherit that right, unless at the death of the tenant he was a cosharer in the holding or unless, failing any such cosharer, he held land, or was permanently resident, in the village in or from which the holding is cultivated, and is in the male line of descent from an ancestor who occupied the holding. 2 exemption of occupancyrights from court sales.save in pursuance of a document duly registered before the commencement of this act, no decree or order shall be passed for the sale of the right of an occupancytenant in his holding, nor shall such right be sold in execution of any decree or order. 3 prohibition of transfer of occupancyrights.no occupancytenant shall be entitled to sell, make a gift of, mortgage, sublet except for a period not exceeding one year or otherwise transfer his right in his holding or in any portion thereof, and every such sale, gift, mortgage, sublease other than for a period not exceeding one year or transfer shall be voidable in the manner and to the extent provided by the two next following sections : provided that an occupancytenant may transfer his right of occupancy to any person who, if he survived the tenant, would inherit the right of occupancy, or to any person in favour of whom as a cosharer the right of occupancy originally arose, or who has become by succession a cosharer therein: provided, also, that nothing in this section shall affect the right of the government to sell the right of an occupancytenant in his holding for the recovery of an advance made to him under the land improvement loans act, , xix of or the agriculturists loans act, , xii of or the right of the purchaser at such sale to succeed to the holding. 4 prohibition of contracts for future subleases.no contract for the sublease of holding or any portion thereon shall be entered into or made during the currency of a sublease of such holding or such portion thereof and every such contract shall be voidable in the manner and to the extent provided by the two next following sections. 5 prohibition of registration of documents transferring occupancyrights.notwithstanding anything contained in the indian registration act, , iii of no officer empowered to register documents shall admit to registration any document which purports to transfer the right of an occupancytenant in his holding or in any portion thereof, unless the document recites that the transferee is a person who, if he survived the tenant, would inherit the right of occupancy, or is a person in favour of whom as a cosharer the right of occupancy originally arose or who became by succession a cosharer therein.

section 50. of the central provinces tenancy act : 1 in the districts of chanda, nimar and sambalpur, the rent fixed under section 49 shall not be altered during the currency of any settlement except under section 13, section 14, section 15 or section 17. 2 the rent payable in respect of his holding by a tenant in any of those districts when this act comes into force shall be deemed to have been fixed at the last preceding settlement. of the area in which that holding is comprised. 3 subject to the provisions of section 13, 14, 15, and 17, the rent payable by any such tenant in respect of a holding acquired by him after the commencement of this act shall, pending the recurrence of the settlement of the area in which that holding is comprised, be the rent fixed by agreement between him and his landlord at the time he acquires that holding, or, in the absence of any such agreement, or on the expiration of the term for which any such agreement has been made, a rent fixed by a revenueofficer on the application of either party at the following rate, that is to say: a in the districts of chanda and nimar, the rate which the local government has prescribed for occupancytenants and caused to be entered in the recordofrights at the current settlement b in the district of sambalpur, the average rate at which at the current settlement the rents of other lands in the same village of similar quality and possessing similar advantages were fixed.

section 49. of the central provinces tenancy act : 1 the rent of the holding of every occupancytenant shall be fixed by the settlementofficer at each settlement of the area in which the holding is comprised.

section 57. of the central provinces tenancy act : if a villageservicetenant is unable to render the service which he is bound to render, he shall provide a competent person to render it for him.

section 51. of the central provinces tenancy act : the rate of rent payable in money by an occupancytenant in any other district may, during the currency of a settlement on the application of the landlord to a revenueofficer, be enhanced, subject to any rules made under this act for the local area in which the holding is situate and for the time being in force : provided that. a an appiication under this section shall not be entertained when, within the ten years immediately preceding the application, the rent of the holding has been fixed at any settlement or under any provision of the other provisions of this act, except those of sections 13,14 or 15, or a suit or application to enhance it has been dismissed on the merits and b no order shall be made on any such application which is inconsistent with any contract made after the current settlement and still in force, such contract being consistent with this act.

section 52. of the central provinces tenancy act : notwithstanding any contract to the contrary or any provision of a recordofrights, an occupancytenant shall not be ejected from his holding by his landlord as such except, a as hereinafter provided, for arrears of rent or b in execution of a decree of a civil court passed on the ground of his having diverted the land to nonagricultural purposes or being chargeable with some other act or omission which, by custom not inconsistent with this act or with any other enactment for the time being in force, renders him liable to be ejected.

section 54. of the central provinces tenancy act : if a tenant having a right of occupancy in any land ceases to hold that land, and thereupon commence to hold other land of the same landlord under circumstances from which it may be inferred that the tenant has accepted that other land in lieu of, and on the same conditions as, the land which he has ceased to hold, he shall, in the absence of a written agreement to the contrary, be deemed to have a right of occupancy in the land which he so commences to hold.

section 58. of the central provinces tenancy act : 1 a villageservicetenant shall not be ejected from his holding except in execution of an order for ejectment passed by a revenueofficer on one of the following grounds, namely : a that the tenant has attempted to effect a transfer of his holding in contravention of section 56, subsection 2 b that the tenant has ceased to render the service which he is bound to render, or has failed to render it properly, or, being unable to render it himself, has failed to provide a competent person to render it as required by section 57 c that the tenant has diverted his land to nonagricultural purposes or is chargeable with some other act or omission which, by local custom or the provisions of the village wajibularz, renders him liable to be dismissed from office d that the tenant has resigned, or been dismissed from, his office. 2 when a villageservicetenant is ejected from his holding under this section, or when he dies or resigns or is dismissed from his office, a revenueofficer may, subject to any order issued under the proviso to section 56, subsection 1, place his successor in office in possession of the holding and when a villageservicetenant is ejected from, or loses possession of, his holding otherwise than in accordance with his section, a revenueofficer may reinstate him in the possession of his holding and eject any transferee or trespasser who may be in wrongful possession thereof.

section 55. of the central provinces tenancy act : a tenant of a holding who is recorded in the papers of the current settlement of the area in which the holding is comprised as holding his land rentfree or on favourable terms on condition of rendering villageservice, is a villageservicetenant.

section 56. of the central provinces tenancy act : 1 when a villageservice tenant dies, resigns or is lawfully dismissed, his right in his villageserviceholding shall pass to his village serviceholding shall pass to his successor in office : provided that the local government may, by general or special order, direct that, where, on the resignation, dismissal or death of a village watchman or patwari, his successor in office is not his heir, the villageservicetenure shall cease, in which case the holding shall be retained in occupancytenantright by the late villageservice tenant or shall devolve in occupancytenantright on his heir, as the case may be, at a rent which for the remainder of the term of the current s 2 a transaction by which a villageservicetenant attempts to effect a transfer of his interest in his villageserviceholding by sale, gift, mortgage, sublease or otherwise except by a sublease for a period not exceeding one year shall be void, and the villageservicetenant shall be liable to be ejected for such attempt. 3 the right of a villageservicetenant shall not be sold in execution of a decree.

section 59. of the central provinces tenancy act : a tenant who is not an absolute occupancytenant or an occupancytenant and who holds land from another tenant, or from a malikmakbuza, or from the holder of a surveynumber, is a subtenant of that land.

section 60. of the central provinces tenancy act : a subtenant shall, subject to the provisions of sections 6, 15 and 16, hold on such terms as may be agreed upon between him and his landlord : provided that, notwithstanding any agreement to the contrary, a lease granted to a subtenant by an occupancy or an ordinary tenant shall not be valid for a period exceeding one year.

section 65. of the central provinces tenancy act : 1 if, within the period of one month from the service of a notice under the last foregoing section, the tenant on whom the notice has been served presents to the revenueofficer issuing the notice a statement in writing declaring his willingness to pay the enhanced rent, he shall be deemed to have agreed to pay that rent from the commencement of the agricultural year next following. 2 if the tenant does not, within the said period of one month, present to the revenueofficer a statement as aforesaid, the landlord may, not less than ten weeks before the commencement of the agricultural year next following, apply to the revenueofficer to eject the tenant.

section 61. of the central provinces tenancy act : 1 in any local area in which the local government may by notification in the local official gazette declare this section to be in force, a subtenant holding from a tenant who is proved to the satisfaction of a revenueofficer or settlementofficer to habitually sublet the land held by the subtenant and to manage it solely with a view to the obtaining of rent may, subject to such rules as the local government may prescribe, be declared by such revenueofficer or settlementofficer to have all the rights conferred by this act on an ordinary tenant, and shall thereupon be deemed to have such rights both as against the subletting tenant and as against the landlord from whom the letter holds : provided that no such declaration shall be made within one year after the commencement of this act or in the case of a subtenant holding under a lease registered before the commencement of this act or until an opportunity has been given to the subletting tenant to show cause against it. 2 when a subtenant has been declared under this section to have the rights of an ordinary tenant, so much of the rent payable by him as is equal to the rent payable to the proprietor by the tenant from whom he holds on account of the land sublet to him shall be rendered by him to the proprietor direct, and the balance shall be rendered by him to the tenant from whom he holds. 3 if a tenant regarding whose land a declaration under this section has been made dies without heirs or surrenders his holding, the subtenant shall be deemed to hold direct from the landlord at the total rent paid by him for the land at the time of such death or surrender.

section 62. of the central provinces tenancy act : 1 every tenant who is not an absolute occupancytenant, or an occupancytenant, or a villageservicetenant or a subtenant, is an ordinary tenant. 2 in any local area in which the local government may, by notification in the local official gazette, declare that the provisions of this subsection are in force, where a person cultivates land not being sirland under an agreement made with the proprietor of the land and purporting to be an agreement for the cultivation of the land by such person and such proprietor in partnership, such person is an ordinary tenant of the land so cultivated by him, and, notwithstanding any contract to the contrary, the rent payable by him for the land shall be fixed by a revenueofficer on application made by him or his landlord.

section 66. of the central provinces tenancy act : 1 if, when an application has been made under subsection 2 of the last foregoing section, the tenant appears and agrees to pay the enhanced rent demanded, his agreement shall thereupon be recorded, and he shall not be ejected but shall be liable to pay that rent from the commencement of the agricultural year next following the date of the land lords application under section 65, subsection 2. 2 if the tenant fails to appear, or if, on appearing, he does not agree to pay the enhanced rent demanded, the revenueofficer shall determine what rent is fair and equitable for the holding : provided that, save where in the revenueofficers opinion the existing rent is merely nominal, the rent so determined shall not exceed the existing rent by more than thirtythree percent. 3 if the tenant agrees to pay the rent so determined, he shall be entitled to remain in occupation of the holding at that rent from the commencement of the agricultural year next following the date of the landlords application under section 65, subsection 2. 4 if the tenant does not agree to pay the rent determined under subsection 2, the revenueofficer may make an order for his ejectment, subject to the provisions of section 88 and 89 and subject to the deposit by the landlord, within a month from the date of the order, of the amount of compensation if any determined as due to the tenant under section 32, if such amount is not so deposited, the order for ejectment shall become void.

section 67. of the central provinces tenancy act : an ordinary tenant shall, subject to the provisions of sections 13, 14, 15,16, 63, 66 and 78, pay such rent as may, from time to time, be fixed by agreement between him and his landlord.

section 63. of the central provinces tenancy act : 1 a settlementofficer shall, unless the local government otherwise directs, fix the rents payable by the ordinary tenants of a mahal other than ordinary tenants whose holdings consist entirely of sirland, and, on and from the date on which the landrevenue assessment takes effect, the landlord shall be entitled to recover only the rents so fixed. 2 the rents fixed under subsection 1 shall be recorded in the proceedings of the settlementofficer, and a copy of the record shall be granted free of expense to the landlord. 3 when by reason of the receipt by the landlord of any consideration, whether in money or otherwise, a tenant is holding at a rent lower than that fixed by the settlementofficer under subsection 1, the settlementofficer may, notwithstanding anything in this act, declare him to be entitled to hold at such lower rent, a if the term is fixed by contract, for the term so fixed or for any shorter period b in other cases, for such term as the settlementofficer, having regard to the circumstances, fixed as fair and equitable and the term for which the tenant is declared to be so entitled shall be entered in the record made under subsection 2 : provided that in no case shall the tenant be entitled to hold at such lower rent for a period longer than that for which the settlement is being made, and, at the expiry of the settlement, he shall not be entitled to a continuance of the privilege.

section 64. of the central provinces tenancy act : when a landlord wishes to enhance the rent of an ordinary tenant whose holding does not consist entirely of sirland and whose rent is not fixed by an agreement in writing, and the tenant does not agree to the enhancement, the landlord may cause to be served on the tenant through a revenueofficer a notice of the enhancement not less than six months or more than twelve months before the commencement of the agricultural year in which the landlord desires the enhancement to take effect.

section 69. of the central provinces tenancy act : notwithstanding any contract to the contrary or any provision of a recordofrights, an ordinary tenant shall not be ejected from his holding by his landlord as such except a as provided in the case of an occupancy tenant by section 52 b in accordance with the provisions of section 66 c in execution of a decree for ejectement passed on the ground that his holding consists entirely of sirland.

section 72. of the central provinces tenancy act : when any such application as aforesaid is made the revenueofficer shall issue a notice to all persons who seem to him prima facie to have a right equal or prior to that of the applicant, and shall also cause local proclamation to issue in the village in or from which the holding was cultivated, inviting all persons claiming to be heirs of the tenant who made the transfer to appear before him on a date to be fixed and shall, after hearing such of the persons to whom notice was issued as may appear, and any other persons who may apply to be heard in the matter, decide who from among such of them as desire to be placed in possession is first entitled to be so placed : provided that in the case of a sublease, if the tenant who made the sublease appears and pays within such period as the revenueofficer may determine the amount of the consideration, if any has passed, for which the sublease was made, and the costs of the applicant if he would otherwise have been successful, the revenueofficer may replace the tenant himself in possession of the land, if he is satisfied that the tenant made sublease in ignorance of the law and is able and willing to cultivate the holding.

section 68. of the central provinces tenancy act : when the rent of a tenant has been fixed by a settlementofficer under section 63, or where a tenant has agreed to pay an enhanced rent for his holding under section 65, or when a tenant is holding at a rent fixed as fair and equitable under section 66 or section 78, or when a rent has been agreed upon by contract or consent between the landlord and his tenant in respect of any holding, or when an order under section 66 to eject a tenant from his holding has become void from failure of the landlord to deposit the amount of compensation if any determined as due to the tenant under section 32, no notice of enhancement under section 64 shall be served on such tenant in respect of such holding, nor shall any further enhancement, by contract or consent or otherwise, in respect of such holding be permissible, for a period of seven years from the date on which the settlement made by the settlementofficer took effect, or from the date of such fixation, agreement, contract or consent, or from the date of such order for ejectment becoming void, as the case may be : provided that, where a tenant is holding land under a special contract with his landlord at a favourable rent for a term of years in consideration of temporary deterioration, or of the labour or expense involved in the reclamation by such tenant of the land from waste, nothing in this section shall be constructed to prevent a fair rent being fixed or agreed upon after the expiration of the term of such contract.

section 74. of the central provinces tenancy act : the local government may direct that all suits, or any specified class of suits, between landlords and tenants as such, shall not be registered in the registers of civil suits kept under the code of civil procedure, xiv of , but in such other registers as it may prescribe.

section 70. of the central provinces tenancy act : 1 when an ordinary tenant dies, his right in his holding shall devolve as if it were land : provided that a collateral relative of the tenant shall not be entitled to inherit his right unless at the death of the tenant he was a cosharer in the holding. 2 exemption of ordinary tenantrights from court sales.save in pursuance of a document duly registered before the commencement of this act, no decree or order shall be passed for the sale of the right of an ordinary tenant in his holding, nor shall such right be sold in execution of any decree or order. 3 prohibition of transfer of ordinary tenantrights.no ordinary tenant shall be entitled to sell, make a gift of, mortgage, sublet except for a period not exceeding one year or otherwise transfer his right or holding or any portion thereof and every such sale, gift, mortgage, sublease other than for a period not exceeding one year or transfer shall be voidable in the manner and to the extent provided by the two next following sections : provided that nothing in this subsection shall affect the right of the government to sell the right of an ordinary tenant in his holding for the recovery of an advance made to him under the land improvement loans act, , xix of or the agriculturists loans act, xii of or the right of the purchase at such sale to succeed to the holding. 4 prohibition of contracts for future subleases.no contract for the sublease of a holding or any portion thereof shall be entered into or made during the currency of a sublease of such holding or such portion thereof and every such contract shall be voidable in the manner and to the extent provided by the two next following sections. 5 prohibition of registration of documents transferring ordinary tenantrights.notwithstanding anything contained in the indian registration act, , iii of no officer empowered to register documents under that act shall admit to registration any document which purports to transfer the right of any ordinary tenant in his holding or in any portion thereof.

section 73. of the central provinces tenancy act : 1 notwithstanding any contract to the contrary, the landlord of any holding held by an ordinary tenant shall, at the request of the tenant and on the tender by the tenant to him of a sum equal to two andahalf times the annual rent payable in respect of the holding, together with the cost of preparing any instrument required for this purpose, confer upon the tenant the rights of an occupancytenant in respect of the holding and, when those rights have so been conferred, the rent of the tenant shall be deemed to be fixed under this act, within the meaning of section 51, at the rate at which rent was payable by the tenant at the date of the request and tender : provided that the tenant may, for the purposes of any such request and tender, and the landlord may, upon any such request and tender being made to him, apply to a revenueofficer, or during the progress of settlementoperations to a settlementofficer, to fix the rent of the holding for the purposes of this section and, if it is proved to the satisfaction of the officer that the rate of rent payable in respect of the holding is greater or less than the rate usually paid by ordinary tenants of holdings situate in the village or vicinity for land of similar quality with like advantages, the officer may fix the rent at the latter rate, and the rent so fixed shall for the purposes of this section be deemed to be, and to have been at the date of the request and tender, the rent payable by the tenant :/ provided, further, that, if the application is made otherwise than during the progress of settlementoperations, nothing in this section shall be construed to empower a revenueofficer to alter a rent within seven years of its having been fixed under any of the provisions of this act, except on the ground that some such change as is described in section 15 has since occurred so as to render the rent so fixed no longer a fair rent. 2 if a landlord to whom a request and tender are made by a tenant under subsection 1, refuses or neglects for a period of one month to confer the rights of an occupancytenant on the tenant, the tenant may deposit the sum aforesaid in the court of a revenueofficer, or, during the progress of settlementoperations, of a settlementofficer, and apply to that officer to confer upon him the rights of an occupancytenant in respect of the holding. 3 the officer so applied to, after giving notice of the application to the landlord and hearing him, if he appears, and after making such inquiry as he thinks necessary, may execute any instrument required for conferring the rights of an occupancytenant in respect of the holding upon the tenant, and the execution shall have the same effect as an execution by the landlord. 4 every person upon whom the rights of an occupancytenant are conferred under this section shall be deemed to be an occupancytenant for the purposes of this act. 5 nothing in this section shall apply to a holding consisting entirely of sirland.

section 71. of the central provinces tenancy act : 1 if an ordinary tenant transfers any portion of his rights in any land in contravention of the provisions of the last foregoing section, any such person as would be entitled to inherit his right in the holding in the event of his death without nearer heirs, or the landlord from whom the tenant held the land, may, on application to a revenueofficer made within two years from the date on which, in pursuance of the transfer, the tenant parted with possession of the land, be placed in possession, subject, so far as the revenueofficer may, in accordance with rules made by the local government, determine, to his acceptance of the liabilities of the transferring tenant for arrears of rent and for advances made by the landlord or other persons for the necessary expenses of cultivation. 2 as among several persons so entitled and being desirous of being placed in possession, the right to be so placed shall accrue in the order in which such persons would have inherited the right of the tenant in the subject of the transfer if the tenant had died failing any such persons, the right shall accrue to the landlord.

section 75. of the central provinces tenancy act : 1 in suits between landlords and tenants as such, the plaint shall, in addition to the matters mentioned in section 50 of the code of civil procedure, xiv of , specify the area of the land to which the suit relates, and, where the fields comprised in that land have been numbered in a government survey, the number of each such field and, in the case of suits for an arrear, the amount of the yearly rent and the instalments in which it is payable. 2 when the land to which the suit relates comprises parts of numbered fields or has not been divided into numbered fields, an accurate and sufficient description of the land and its boundaries shall be given in the plaint.

section 76. of the central provinces tenancy act : in suit between landlords and tenants as such, the fees of a legal practitioner shall not be allowed as costs unless the court considers, for reasons to be recorded by it in writing, that those fees ought to be allowed.

section 77. of the central provinces tenancy act : no setoff shall be allowed in any suit for arrears unless the amount claimed as a setoff has been determined by a decree or order of a competent court or of a revenueofficer or settlementofficer.

section 78. of the central provinces tenancy act : 1 if in any suit in which the defendant is an ordinary tenant whose holding does not consist entirely of sirland the tenant appears and, at any times before a decree is passed, pleads that his rent is excessive, the court shall inquire into the circumstances of the rent. 2 if the court finds that the rent payable by the tenant has been enhanced by contract or consent above the rent determined by a settlementofficer at the current settlement or by a revenueofficer under this act, or, when not so determined, above the rent at which the holding was first taken up by the tenant, or, if the rent payable was determined by a settlementofficer in proceedings taken before the commencement of this act only after the landlord had refused to comply with the request of the settlementofficer to reduce it, the court may stay proceedings and refer the case to a revenueofficer, who shall thereupon fix what rent is fair and equitable for the holding. if the rent so fixed is equal to or more than the rent previously payable, the court shall decree the arrears claimed and proved. if the rent so fixed is less than the rent previously payable, the court shall decree against the tenant arrears of rent on account of any year only to the extent of the amount if any by which his payments for that year fell short of the rent so fixed. the tenant shall be entitled to remain in occupation at a rent fixed under this subsection from the commencement of the agricultural year next following the date of the institution of the suit. 3 if the court finds that the rent, in respect of which the plea is made by the tenant, was not enhanced or determined in the manner describe in subsection 2 but was the rent at which the tenant first took up the holding from the landlord, the court shall pass a decree for such sum as may be due at the rent so payable, but may, before or after passing the decree, refer the case to a revenueofficer, who shall there upon fix what is a fair and equitable rent for the holding, and, if the tenant pays the amount decreed within one month of the date on which the rent is so fixed, he shall be entitled to remain in occupation of his holding at the rent so fixed with effect from the commencement of the agricultural year next following the date of the institution of the suit. explanation i.nothing in this section shall be construed to authorize a revenueofficer to determine a rent higher than that payable by the tenant at the date of the institution of the suit except from the commencement of the agricultural year next following the date of the institution of the suit, and on the formal application of the landlord. explanation ii.a statement made during the progress of settlementoperations by the settlementofficer, and contained in any return or report prescribed by the local government, to the effect that a landlord refused to reduce any rent, shall be conclusive proof of such refusal.

section 79. of the central provinces tenancy act : when the land in respect of which an application is made under section 50 or section 51, or for which a fair rent is to be determined under section 66 or section 78, has been improved, in accordance with the provisions of this act, by the agency, or at the expense, of the tenant, and such improvement was made during the term of the current settlement or the term of the settlement immediately preceding it, the quality and advantages of the land, as cultivated land, shall, notwithstanding anything contained in any contract or recordofrights to the contrary, be deemed, for the purposes of any such section as aforesaid, to be the quality and advantages which the land would have had and enjoyed if the improvement had not been made.

section 80. of the central provinces tenancy act : in suits for arrears, interest on the arrears may be allowed up to date of institution, at such rate, not exceeding twelve per cent. per annum, as the court thinks fir.

section 81. of the central provinces tenancy act : a decree or order passed in a suit for arrears, whether on appeal or otherwise, by a judge of a civil court exercising powers not less than those of an assistant commissioner of the first class as defined in the central provinces civil courts act, xvi of , shall not be subject to appeal, unless a the amount or value of the subjectmatter of the suit exceeds one hundred rupees or b a question relating to a title to land or some interest in land, has been determined as between parties having conflicting claims thereto.

section 82. of the central provinces tenancy act : an application for the execution of a decree for an arrear of rent by sale of the holding in respect of which the arrear accrued or by ejectment of the tenant shall contain a statement showing the tahsil and village in which the holding is situate, the numbers borne in the village rentroll by the fields constituting the holding, the rent annually payable, and the years in which the decreed arrears accrued.

section 84. of the central provinces tenancy act : 1 a decree for arrears of rent due in respect of an absolute occupancyholding shall, if sale of such holding be ordered in execution, be executed as if it ordered sale in pursuance of a contract specifically affecting the holding, and shall under section 320 of the code of civil procedure, xiv of , be transferred to the collector for execution. 2 the collector executing the decree may, not withstanding anything contained in section 305 of the code of civil procedure, xiv of , allow the tenant time in which to pay the amount due : provided that any period, or the aggregate of any periods, so allowed shall, subject to any general or special orders which may be issued by the local government, not exceed two months.

section 83. of the central provinces tenancy act : no such application as is referred to in foregoing section shall be admitted until after the expiration of the year in which the arrear, or any part of the arrear, accrued.

section 86. of the central provinces tenancy act : 1 where, in answer to a suit for an arrear, the tenant admits that the arrear is due, but pleads that the produce of his holding during the period in respect of which the arrear is claimed has been diminished or destroyed by drought, hail or other extraordinary calamity beyond his control, the court in its discretion may, notwithstanding any contract to the contrary, allow in its decree any deduction from the arrear, and direct payment of the amount decreed if any in such instalments if any as it thinks fit. 2 in any such case the court may order that the provisions of sections 84 and 85 shall not apply to the decree. 3 in making a decree under this section the court shall have regard to. a the value of the produce of the holding for the whole agricultural year in respect of which the arrear accrued and b the proportion which the amount of rent payable for that year by the tenant bears to that value. 4 if in any such suit it appears that the landrevenue of the village in which the holding is situate has been, wholly or in part, suspended or remitted on account of drought, hail or other extraordinary calamity in respect of the period for which the arrear is claimed, the court shall presume, until shown, that the diminution or destruction alleged by the tenant has taken place.

section 85. of the central provinces tenancy act : 1 a decree for an arrear of rent due in respect of an occupancy or ordinary holding or a holding held by a subtenant may be executed by the ejectment of the tenant : provided that, notwithstanding anything contained in the code of civil procedure xiv of , an order for the ejectment of a tenant in execution of such a decree shall be transferred to a revenueofficer for execution.. 2 the revenueofficer on receiving the decree shall cause a notice to be served upon the tenant stating the date of the decree, the amount due there under and the numbers borne in the village rentroll by the fields constituting the holding, and informing him that if he does not pay into court within a month from date the amount due he will be ejected from his holding. 3 if the amount due is not paid within the period appointed, the revenueofficer may, subject to the provisions of sections 32, 88 and 89, eject the tenant or may, after such enquiry as he deems necessary, postpone ejectment in order to allow the tenant time for payment : provided that any period, or the aggregate of any periods, so allowed shall, subject to any general or special orders which may be issued by the local government, not exceed in the case of an occupancyholding or an ordinary holding not consisting entirely of sirland four months, or in the case of an ordinary holding consisting entirely of sirland or a holding held by a subtenant one month. 4 the local government may make rules for the guidance of revenueofficer executing decrees under this section.

section 88. of the central provinces tenancy act : the following rules shall be applicable in the case of every tenant ejected from a holding : 1 when the tenant has, before the date of his ejectment, sown or planted crops in any land comprised in the holding, he shall be entitled, at the option of the landlord, either to retain possession of that land and to use it for the purpose of tending and gathering in the crops, or to receive from the landlord the estimated value of the labour and capital expended by the tenant in preparing the land and sowing, planting and tending the crops, together with reasonable interest thereon. 2 when the tenant has, before the date of his ejectment, prepared for sowing any land comprised in his holding, but has not sown or planted crops on that land, he shall be entitled to receive from the landlord the estimated value of the labour and capital expended by him in so preparing the land, together with reasonable interest thereon : provided that a tenant shall not be entitled to retain possession of any land or receive of any land or receive any sum in respect thereof under this section when, after the commencement of proceedings by a landlord for his ejectment, he has cultivated or prepared the land contrary to local usage : provided, also, that the rent, if any, payable to the landlord by the tenant at the time of ejectment may be set off against any sums payable to the tenant under this section.

section 87. of the central provinces tenancy act : 1 a suit for the ejectment of tenant on the ground that he has done or omitted to do something for doing or omitting to do which he is liable to ejectment, or that he has broken a condition on breach of which he is, under the terms of a contract between him and the landlord, liable to ejectement, shall not be entertained unless the landlord has requested the tenant, where the damage or breach is capable of remedy, to remedy the same, and, in any case, to pay reasonable compensation for the damage or breach, and the tenant has failed to comply within a reasonable time with that request. 2 a decree passed in favour of a landlord in any such suit shall declare the amount of compensation which would reasonably be payable to the plaintiff for the damage or breach, and whether, in the opinion of the court, the damage or breach is capable of remedy, and shall fix a period during which it shall be open to the defendant to pay that amount to the plaintiff, and, where the damage or breach is declared to be capable of remedy, to remedy the same. 3 the court may, from time to time, extend a period fixed by it under subsection 2 for remedying a damage or breach. 4 if the defendant, within the period or extended period as the case may be fixed by the court under this section, pays the compensation mentioned in the decree, and, where the damage or breach is declared by the court to be capable of remedy, remedies the damage or breach to the satisfaction of the court, the decree shall not be executed.

section 89. of the central provinces tenancy act : when a landlord elects, under clause 1 of the last foregoing section, to allow a tenant to retain possession of any land for the purpose specified in that clause, the tenant shall pay to the landlord, for the use and occupation of the land during the period for which he is allowed to retain possession of the same, such rent as the court or revenueofficer may deem reasonable.

section 94. of the central provinces tenancy act : 1 the period of limitation for a suit instituted by a tenant other than an absolute occupancytenant to recover possession of land from which he has been ejected, shall be two years from the date on which he is ejected. 2 whenever rent is taken by division of the produce or by estimate or appraisement of the crop, and no application is made under section 19, no suit by the landlord for the recovery of the share of the produce claimed by him as rent, or the value thereof, shall lie unless such suit is instituted within a period of one year reckoned from the date on which the rent instalment on account of the harvest to which the 3 in all other cases the limitation of every suit brought under this act shall be governed by indian limitation act, xv of : provided that nothing in section 7, 8 and 9 of the said act shall apply to suits for arrears of rent or for the ejectment of a tenant, or to suits for recovery of possession by a tenant against his landlord.

section 90. of the central provinces tenancy act : in all suits for arrears of rent, the court shall inquire into and determine all claims under this act by the landlord against the tenant as such, or by the tenant against the landlord as such.

section 92. of the central provinces tenancy act : any tenant who has been ejected from his holding or from any portion thereof otherwise than in accordance with the provisions of this act, may, on application to a revenueofficer made within one year from the date of his ejectment, be reinstated in possession of such holding or portion : provided that no order passed under this section shall prejudice the right of the landlord to eject the tenant so reinstated, or the right of a tenant whose application for reinstatement is rejected to establish his title to his holding and to recover possession thereof by means of a regular suit : provided, also, that possession of a tenancy, or of any portion thereof, shall not be recoverable under section 9 of the specific relief act, i of , by a tenant dispossessed thereof.

section 93. of the central provinces tenancy act : 1 if any landlord or tenant of a holding desires that the extent of that holding be ascertained, or that evidence relating to any improvement made in respect thereof or to the state of the holding at any specified time, be recorded, he may apply to a revenueofficer and that officer shall thereupon, in presence of the parties, a make or cause to be made such inquiry as he thinks fit, with a view to ascertaining the extent of the holding, and record his finding thereon, or b where the applicant seeks to have evidence recorded record that evidence : provided that no action shall be taken by any revenueofficer under this section if he considers that there are no reasonable grounds for making the application, or if the subjectmatter thereof is under inquiry in a civil court. 2 when any matter has been recorded under this section, the record thereof shall be admissible in evidence in any subsequent proceedings between the landlord and tenant or any persons claiming under them.

section 91. of the central provinces tenancy act : 1 when it appears to a court making an inquiry under the last foregoing section that the amount payable by the landlord to the tenant as such exceeds the amount payable by the tenant to the landlord as such, the decree or order for sale or ejectment if any shall, unless the landlord and tenant come to an arrangement regarding the payment of the excess sum, specify a time within which it must be paid into court. 2 if it is so paid within the time specified, the court shall, subject to the other provisions of this act, make an order for the sale of the holding or the ejectment of the tenant and, if it is not so paid, the court shall refuse to make such order.

section 98. of the central provinces tenancy act : any sum due as fine or penalty under this act shall be recoverable as if it were an arrear of landrevenue.

section 100. of the central provinces tenancy act : the enactments mentioned in the schedules are repealed to the extent specified in the fourth column thereof.

section 97. of the central provinces tenancy act : except as provided in section 95, the civil courts shall have jurisdiction in all suits between landlords and tenants as such : provided that. a a judge of a civil court of original jurisdiction shall not, unless he is also a revenueofficer or settlementofficer, hear any such suit and b the local government may, subject to the other provisions of this act, direct that all or any class of such suits shall be heard and determined only in such courts competent to try the same as it thinks fit, and not otherwise.

section 96. of the central provinces tenancy act : in fixing rents and disposing of the matters referred to in the last foregoing section, revenueofficers and settlementofficers shall, as nearly as may be practicable, subject to the provisions of this act and any rules made thereunder, exercise the same powers and follow the same procedure as they exercise and follow under the central provinces landrevenue act, xiii of as from time to time amended. 2 from every decision or order of a revenueofficer or settlementofficer fixing rent or disposing of any matter referred to in the last foregoing section, an appeal shall lie as if that decision or order had been passed by that officer under the said act.

section 99. of the central provinces tenancy act : the local government may, by notification in the local official gazette, make rules for the purpose of carrying out the objects of this act and prescribing the practice thereunder.

section 95. of the central provinces tenancy act : save where it is expressly provided to the contrary, no court other than the court of a revenueofficer or settlementofficer shall fix, alter or commute any rent or call in question any rent fixed by a revenueofficer or settlementofficer, or shall take cognizance of any dispute or matter in respect of which authority is given by this act to a revenueofficer or settlementofficer.

section 13. of the central provinces tenancy act : notwithstanding anything in the recordofrights, but subject to any contract in writing between the parties, the rent payable in money by any tenant may, on the application of his landlord, be enhanced by a revenueofficer on the ground that an improvement has been made since the present rent was fixed and in accordance with this act by or at the expense of the landlord whereby the productive power of the holding has been increased.

section 8. of the seamens provident fund act : 1 every employer to whom this act applies shall, in respect of each seaman being a member employed by him, contribute to the fund for the period beginning with the 1st day of july, and ending with the 31st day of march, , at the rate of six per cent., 1 for the period beginning with the 1st day of april, and ending with the 31st day of december, , at the rate of eight per cent. and thereafter at the rate of ten per cent. or such higher rate as may be specified in the scheme of the wages paid or payable to each such seaman and every such seaman shall also contribute to the fund an amount equal to the contribution payable by the employer in respect of him: provided that the amount of contribution aforesaid shall, in so far as it relates to the period prior to the commencement of the scheme, be payable by the employer or, as the case may be, by the seaman only on such date being a date not earlier than sixty days after the commencement of the scheme as the government may, by notification in the official gazette, specify in this behalf. 2 the employer shall pay, in respect of each seaman being a member employed by him, both the employers contribution and the employees contribution and shall be entitled to recover from the seaman the employees contribution by deduction from his wages and not otherwise. 3 every employer shall also pay such sums of money as may be specified in the scheme towards the cost of administering the fund. 4 where the amount of any contribution under subsection 1 or any sum payable under subsection 3 contains a part of a rupee, then, if such part if fifty paise or more, it shall be increased to one complete rupee and if such part is less than fifty paise it shall be ignored. 1. subs. by s. 5, ibid., for and thereafter at the rate of eight per cent. w.e.f. .

section 1. of the seamens provident fund act : 1 this act may be called the seamens provident fund act, . 2 unless otherwise expressly provided, the provisions of this act shall apply to every seaman and to the employer of such seaman.

section 2. of the seamens provident fund act : in this act, unless the context otherwise requires, a agreement with the crew means the agreement referred to in section 100 or, as the case may be, section 114 of the merchant shipping act b board means the board of trustees of the seamens provident fund constituted under section 5 c continuous discharge certificate means the certificate referred to in section 99 of the merchant shipping act d contribution means a contribution payable in respect of a member under the scheme e employer, in relation to a seaman, means the owner of the ship on which the seaman is employed or engaged, or the agent of such owner or the master of the ship f fund means the seamens provident fund established under the scheme g government means the central government h master and ship have the meanings respectively assigned to them in the merchant shipping act i member means a seaman who is in possession of a continuous discharge certificate and who is admitted as a member of the fund j merchant shipping act means the merchant shipping act, 44 of k scheme means the seamens provident fund scheme framed under subsection 1 of section 3 l seaman means a person employed or engaged as a member of the crew of a ship under the merchant shipping act but does not include 1 a welfare officer, nurse, musician, pilot or deck barber m service means the period of employment of a seaman under the agreement with the crew and includes any period in respect of which wages are paid or are payable to him n wages means the basic wages for the time being payable to a seaman under the agreement with the crew and includes i any remuneration to which he is entitled in respect of holidays or any leave period ii any increase of such wages in accordance with such agreement or any other agreement between the parties but does not include the overtime allowance. 1 subs. by act 29 of , s. 2, for certain words w.e.f. .

section 7. of the seamens provident fund act : 1 the government shall appoint a seamens provident fund commissioner who shall be the chief executive officer of the board and shall be subject to the general control and superintendence of the board. 2 the government may also appoint as many deputy seamens provident fund commissioners 1 , as it may consider necessary, to assist the seamens provident fund commissioner in the discharge of his duties. 3 the board may appoint such other officers and employees as it may consider necessary for the efficient administration of the scheme. 4 no appointment to the post of the seamens provident fund commissioner or deputy seamens provident fund commissioner 2 shall be made except after consultation with the union public service commission: provided that no such consultation shall be necessary in regard to any such appointment a for a period not exceeding one year or b if the person to be appointed is at the time of his appointment i a member of the indian administrative service or ii in the service of the government in a class i or class ii post or in the service of the board. 5 the method of recruitment, salary and allowances, discipline and other conditions of service of the seamens provident fund commissioner and of the officers referred to in subsection 2 shall be such as may be specified by the government. 6 the method of recruitment, salary and allowances, discipline and other conditions of service of other officers and employees of the board shall be such as may be specified by the board with the approval of the government. 7 all persons appointed under this section shall be the employees of the board. 1. the words and other officers whose maximum monthly salary is not less than six hundred rupees omitted by act 29 of , s. 4 w.e.f. . 2. the words or to any other post carrying a maximum monthly salary of not less than six hundred rupees omitted by s. 4, ibid. w.e.f. .

section 3. of the seamens provident fund act : show related subordinates 1 the government may, by notification in the official gazette, frame a scheme to be called the seamens provident fund scheme for the establishment of a provident fund for seamen and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this act and the scheme. 2 subject to the provisions of this act, the scheme may provide for all or any of the matters specified in the schedule to this act. 3 the scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the scheme. 4 the scheme shall have effect notwithstanding anything contained in any law for the time being in force other than this act or in any instrument having effect by virtue of any law other than this act. 5 the government may, by notification in the official gazette, add to, amend, vary or rescind the scheme.

section 9. of the seamens provident fund act : 1 the seamens provident fund commissioner or any deputy seamens provident fund commissioner may, by order, determine the amount due from any employer under any provision of this act or of the scheme and for this purpose may conduct such inquiry as he may deem necessary. 2 the officer conducting the inquiry under subsection 1 shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 5 of , for trying a suit in respect of the following matters, namely: span a enforcing the attendance of any person or examining him on oath span b requiring the discovery and production of documents span c receiving evidence on affidavit span d issuing commission for the examination of witnesses and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of . 3 no order shall be made under this section unless the employer has been given a reasonable opportunity of representing his case. 4 an order made under this section shall be final and shall not be questioned in any court of law.

section 4. of the seamens provident fund act : 1 the fund referred to in subsection 1 of section 3 shall vest in, and be administered by, the board constituted under section 5. 2 the moneys in the fund shall be applied for a meeting the pay and allowances of the employees of the board and other administrative expenses of the board b carrying out the purposes of this act. 3 all moneys in the fund shall be deposited in 1 an approved bank or be invested in such securities as may be approved by the government. 2 explanation. in this section, approved bank means the state bank of india constituted under section 3 of the state bank of india act, 23 of , or a subsidiary bank as defined in clause k of section 2 of the state bank of india subsidiary banks act, 38 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of . 1. subs. by act 29 of , s. 3, for the state bank of india w.e.f. . 2. explanation added by s. 3, ibid. w.e.f. .

section 10. of the seamens provident fund act : any amount due from an employer in respect of any contribution payable to the fund, or damages recoverable under section 18 or any charges payable by him under any other provision of this act or under any provision of the scheme, may, if the amount is in arrear, be recovered by the government in the same manner as an arrear of land revenue.

section 11. of the seamens provident fund act : for the purposes of the incometax act, , the fund shall be deemed to be a recognised provident fund within the meaning of that act.

section 6. of the seamens provident fund act : 1 the board may, from time to time, constitute one or more committee or committees for exercising any power or discharging any duty of the board or for inquiring into, or reporting and advising on, any matter which the board may refer to such committee or committees. 2 a committee may include persons who are not members of the board but their number shall not exceed onehalf of its strength.

section 5. of the seamens provident fund act : 1 the government shall, by notification in the official gazette, constitute, with effect from such date as may be specified therein, a board to be known as the board of trustees of the seamens provident fund which shall be a body corporate having perpetual succession and a common seal and may, by that name, sue and be sued. 2 the head office of the board shall be in bombay or at such other place as the government may, by notification in the official gazette, specify. 3 the board shall consist of a a chairman to be appointed by the government b not more than three persons appointed by the government from amongst its officials c three persons representing employers, to be appointed by the government after consultation with such organisation or organisations of employers as may be recognised by the government in this behalf d three persons representing seamen, to be appointed by the government after consultation with such organisation or organisations of seamen as may be recognised by the government in this behalf. 4 the terms and conditions subject to which a member of the board may be appointed and the time, place and procedure of the meetings of the board, including the quorum, shall be such as may be provided for in the scheme. 5 the board shall administer the fund vested in it in such manner as may be specified in the scheme. 6 the board shall perform such other functions as it may be required to perform by or under any provision of the scheme.

section 12. of the seamens provident fund act : 1 the amount standing to the credit of any member in the fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member, and neither the official assignee appointed under the presidency towns insolvency act, 3 of , nor any receiver appointed under the provincial insolvency act, 5 of , shall be entitled to, or have any claim on, any such amount. 2 any amount standing to the credit of any member in the fund at the time of his death and payable under the scheme to his nominee shall, subject to any deduction authorised by the scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member.

section 13. of the seamens provident fund act : where any employer is adjudicated insolvent, or, being a company, an order for winding up is made, the amount due from the employer in respect of any contribution payable to the fund, damages recoverable under section 18 or any charges payable by him under any other provision of this act or under any provision of the scheme shall, where the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidency towns insolvency act, 3 of , or under section 61 of the provincial insolvency act, 5 of , or under section 530 of the companies act, 1 of , are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be.

section 19. transfer of account of the seamens provident fund act : where a seaman leaves the seafaring profession with no present intention of resuming that profession and obtains employment in any establishment to which the employees provident funds act, 19 of , applies, the amount standing to the credit of such seaman in the fund shall be transferred, within such time as may be specified by the board in this behalf, to the credit of his account in the provident fund of that establishment, if the seaman so desires and the rules in relation to that provident fund permit such transfer.

section 14. of the seamens provident fund act : no employer shall, by reason only of his liability for the payment of any contribution to the fund or any charges under this act or the scheme, reduce, whether directly or indirectly, the wages of any seaman to whom the scheme applies or the total quantum of benefits in the nature of old age pension, gratuity or provident fund to which the seaman is entitled under the agreement with the crew or any other agreement between the parties.

section 15. of the seamens provident fund act : 1 the government may, by notification in the official gazette, appoint such employees of the board, as the government thinks fit, to be inspectors for the purposes of this act and the scheme, and may define their jurisdiction. 2 every inspector appointed under subsection 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with this act or the scheme or for the purpose of ascertaining whether any of the provisions of this act or of the scheme have been complied with a require an employer to furnish such information as he may consider necessary in relation to the scheme b at any reasonable time and with such assistance, if any, as he may think fit, enter any office or board any ship, search the same and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents in relation to the employment of seamen or the payment of wages to seamen c examine, with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the office or the ship or whom the inspector has reasonable cause to believe to be, or to have been, an employee in the office or on the ship d make copies of, or take extracts from, any book, register or other document maintained in connection with the fund and, where he has reason to believe that any offence under this act has been committed by an employer, seize with such assistance as he may think fit such book, register or other document or portions thereof as he may consider relevant in respect of that offence e exercise such other powers as the scheme may provide. 1 3 the provisions of the code of criminal procedure, 2 of shall, as far as may be, apply to any search or seizure under subsection 2 as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code. 4 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 29 of , s. 6, for subsection 3 w.e.f. .

section 20. of the seamens provident fund act : 1 the board may, by order in writing, exempt any seaman to whom this act applies and his employer from the operation of all or any of the provisions of this act if, in the opinion of the board, the seaman is in enjoyment of benefits in the nature of provident fund or pension and such benefits, separately or jointly are on the whole not less favourable to the seaman than the benefits provided by or under this act. 2 where an exemption has been granted under subsection 1, the employer shall not at any time after the grant of the exemption, without the leave of the board, reduce the total quantum of benefits in the nature of provident fund, pension or gratuity to which the seaman was entitled at the time of grant of such exemption. 3 any exemption granted under this section may be cancelled by the board, by order in writing, if the employer fails to comply with the requirements of subsection 2: provided that no such order shall be made unless the employer has been given a reasonable opportunity of showing cause against the proposed cancellation.

section 16. of the seamens provident fund act : 1 whoever, for the purpose of avoiding any payment to be made by himself under this act or under the scheme or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to 1 one year, or with fine which may extend to fifty thousand rupees, or with both. 2 the scheme may provide that any person who contravenes, or makes default in complying with any of the provisions thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 3 whoever contravenes or makes default in complying with any provision of this act shall, if no other penalty is elsewhere provided by or under this act for such contravention or noncompliance, be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 4 no court shall take cognizance of any offence punishable under this act or under the scheme except on a report in writing of the facts constituting such offence made by the seamens provident fund commissioner or by an inspector appointed under subsection 1 of section 15, with the previous sanction of such authority as may be specified in this behalf by the government. 1. subs. by s. 7, ibid., for six months, or with fine which may extend to one thousand rupees w.e.f. .

section 22. of the seamens provident fund act : 1 the government may, by order, direct that any power or duty which by this act or by the scheme is conferred or imposed upon the government other than the power to frame a scheme under section 3 shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by such officer or authority as may be so specified. 2 the board may, with the prior approval of the government, delegate to its chairman or to any of its employees, subject to such conditions and limitations, if any, as it may specify, such of its functions under this act as it may deem necessary for the efficient administration of the scheme.

section 23. of the seamens provident fund act : if any difficulty arises in giving effect to the provisions of this act, the government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty, and any such order shall be final.

section 18. of the seamens provident fund act : where any employer makes default in the payment of any contribution to the fund or in the payment of any charges payable under any other provision of this act or under the scheme, the government may recover from the employer such damages, not exceeding twentyfive per cent. of the amount of arrears, as it may think fit.

section 24. of the seamens provident fund act : any scheme framed under this act shall be laid, as soon as may be after it is framed, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in any provision of the scheme or both houses agree that any provision in the scheme should not be made, that provision of the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that provision.

section 17. of the seamens provident fund act : 1 if the person committing an offence under this act or the scheme is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act or the scheme has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 3 where any offence under this act or the scheme is committed by a company not registered in india and such a company has an agent in india which agent is also a company, then the provisions of this section shall apply to such agent as if the offence was committed by that agent. explanation. for the purposes of this section a company means any body corporate and includes a firm and other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 21. of the seamens provident fund act : no suit or other legal proceeding shall lie against the government or the board or any officer or employee thereof in respect of anything which is in good faith done or intended to be done under this act or under the scheme.

section 8. of the official secrets act : 1 it shall be the duty of every person to give on demand to a superintendent of police, or other police officer not below the rank of inspector, empowered by an inspectorgeneral or commissioner of police in this behalf, or to any member of 1 the armed forces of the union engaged on guard, sentry, patrol or other similar duty, any information in his power relating to an offence or suspected offence under section 3 or under section 3 read with section 9 and, if so required, and upon tender of his reasonable expenses, to attend at such reasonable time and place as may be specified for the purpose of furnishing such information. 2 if any person fails to give any such information or to attend as aforesaid, he shall be punishable with imprisonment which may extend to 2 three years, or with fine, or with both. 1. subs. by the a. o. , for his majestys forces. 2. subs. by act 24 of , s. 8, for two years.

section 1. of the official secrets act : 11. short title, extent and application.1 this act may be called the official secrets act, . 2 it extends to the whole of india and applies also to servants of the government and to citizens of india outside india. 1. subs. by act 24 of , s. 2, for section 1.

section 2. of the official secrets act : in this act, unless there is anything repugnant in the subject or context, 1 any reference to a place belonging to government includes a place occupied by any department of the government, whether the place is or is not actually vested in government 1 2 expressions referring to commnicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document, or information itself or the substance, effect or description thereof only be communicated or received expressions referring to obtaining or retaining any sketch, plan, model, article, note or document, include the copying or causing to be copied of the whole or any part of any sketch, plan, model, article, note, or document and expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document 3 document includes part of a document 4 model includes design, pattern and specimen 5 munitions of war includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms and ammunition, torpedo, or mine intended or adapted for use in war, and any other article, material, or device, whether actual or proposed, intended for such use 6 office under government inlcudes any office or employment is or under any department of the government 2 7 photograph includes an undeveloped film or plate 8prohibited place means a any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, camp, ship or aircraft belonging to, or occupied by or on behalf of, government, any military telegraph or telephone so belonging or occupied, any wireless or signal station or office so belonging or occupied and any factory, dockyard or other place so belonging or occupied and used for the purpose of building, repairing, making or storing any munitions of war, or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war b any place not belonging to government where any munitions of war or any sketches, models, plans or documents relating thereto, are being made, repaired, gotten or stores under contract with, or with any person on behalf of, government, or otherwise on behalf of government c any place belonging to or used for the purpose of government which is for the time being declared by the central government, by notification in the official gazette, to be a prohibited place for the purposes of this act on the ground that information with respect thereto, or damage thereto, would be useful to an enemy, and to which a copy of the notification in respect thereof has been affixed in english and in the vernacular of the locality d any railway, road, way or channel, or other means of communication by land or water including any works or structures being part thereof or connected therewith or any place used for gas, water or electricity works or other works for purposes of a public character, or any place where any munitions of war or any sketches, models, plans, or documents relating thereto, arc being made, repaired, or stored otherwise than on behalf of government, which is for the time being declared by the central government, by notification in the official gazette, to be a prohibited place for the purposes of this act on the ground that information with respect thereto, or the destruction of obstruction thereof, or interference therewith, would beuseful to an enemy, and to which a copy of the notification in respect thereof has been affixed in english and in the vernacular of the locality 9 sketch includes any photograph or other mode of representing any place or thing and 3 10 superintendent of police includes any police officer of a like or superior rank, and any person upon whom the powers of a superintendent of police are for the purposes of this act conferred by the central government. 4 1. clause 1a ins. by the a.o. , omitted by the a.o. . 2. the words or of the government of the united kingdom or of any british possession omitted by act 24 of , s. 3. 3. clause 9a ins. by the a.o. and omitted by act 3 of , s. 3 and the schedule. 4. the words or by any local government omitted by the a.o. .

section 7. of the official secrets act : 1 no person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of 1 the armed forces of the union engaged on guard, sentry, patrol, or other similar duty in relation to the prohibited place. 2 if any person acts in contravention of the provisions of this section, he shall be punishable with imprisonment which may extend to 2 three years, or with fine, or with both. 1. subs. by the a.o. , for his majestys forces. 2. subs. by act 24 of , s. 7, for two years.

section 9. of the official secrets act : any person who attempts to commit or abets the commission of an offence under this act shall be punishable with the same punishment, and be liable to be proceeded against in the same manner as if he had committed such offence.

section 3. of the official secrets act : 1 if any person for any purpose prejudicial to the safety or interests of the state a approaches, inspects, passes over or is in the vicinity of, or enters, any prohibited place or b makes any sketch, plan, model, ornote which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy or c obtains, collects, records or publishes or communicates to any other person any secret official code or pass word, or any sketch, plan, model, article or note or other document or information which is calculated to be or might be or is intended to be, directly or indirectly, useful to an enemy 1or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of india, the security of the state or friendly relations with foreign states he shall be punishable with imprisonment for a term which may extend, where the offence is committed in relation to any work of defence, arsenal, naval, military or air force establishment or station, mine, minefield, factory, dockyard, camp, ship or aircraft or otherwise in relation to the naval, military or air force affairs of government or in relation to any secret official code, to fourteen years and in other cases to three years. 2 on a prosecution for an offence punishable under this section 2, it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the safety or interests of the state, and, notwithstanding that no such act is proved against him, he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the safety or interests of the state and if any sketch, plan, model, article, note, document, or information relating to or used in any prohibited place, or relating to any thing in such a place, or any secret official code or pass word is made, obtained, collected, recorded, published or communicated by any person other than a person acting under lawful authority, and from the circumstances of the case or his conduct or his known character as proved it appears that his purpose was a purpose prejudicial to the safety or interests of the state, such sketch, plan, model, article, note, document, 3information, code or pass word shall be presumed to have been made, obtained, collected, recorded, published or communicated for a purpose prejudicial to the safety or interests of the state. 1. ins. by act 24 of , s. 4. 2. the words with imprisonment for a term which may extend to fourteen years omitted by s. 4, ibid. 3. subs. by s. 4, ibid., for or information shall be presumed to have been made.

section 4. of the official secrets act : 1 in any proceedings against a person for an offence under section 3, the fact that he has been in communication with, or attempted to communicate with a foreign agent, whether within or without 1india, shall be relevant for the purpose of proving that he has, for a purpose prejudicial to the safety or interests of the state, obtainedor attempted to obtain information which is calculated to be or might be, or is intended to be, directly or indirectly, useful to any enemy. 2 for the purpose of this section, but without prejudice to the generality of the foregoing provision, a a person may be presumed to have been in communication with a foreign agent if i he has, either within or without 1india visited the address of a foreign agent or consorted or associated with a foreign agent, or ii either within or without 1india, the name or address of, or any other information regarding, a foreign agent has been found in his possession, or has been obtained by him from any other person b the expression foreign agent includes any person who is or has been or in respect of whom it appears that there are reasonable grounds for suspecting him of being or having been employed by a foreign power, either directly or indirectly, for the purpose of committing an act, either within or without 1india, prejudicial to the safety or interests of the state, or who has or is reasonably suspected of having, either within or without 1india, committed, or attempted to commit, such an act in the interests of a foreign power c any address, whether within or without 1india, in respect of which it appears that there are reasonable grounds for suspecting it of being an address used for the receipt of communications intended for a foreign agent, or any address at which a foreign agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, may be presumed to be the address of a foreign agent, and communications addressed to such an address to be communications with a foreign agent. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 10. of the official secrets act : 1 if any person knowingly harbours any person whom he knows or has reasonable grounds for supposing to be a person who is about to commit or who has committed an offence under section 3 or under section 3 read with section 9 or knowingly permits to meet or assemble in any premises in his occupation or under his control any such persons, he shall be guilty of an offence under this section. 2 it shall be the duty of every person having harboured any such person as aforesaid, or permitted to meet or assemble in any premises in his occupation or under his control any such persons as aforesaid, to give on demand to a superintendent of police or other police officer not below the rank of inspector empowered by an inspectorgeneral or commissioner of police in this behalf, any information in his power relating to any such person or persons, and if any person fails to give any such information, he shall be guilty of an offence under this section. 3 a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to 1 three years, or with fine, or with both. 1. subs. by act 24 of , s. 9, for one year.

section 5., of information. of the official secrets act : 1 if any person having in his possession or control any secret official code or pass word or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, 1 or which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of india, the security of the state or friendly relations with foreign states or which has been made or obtained in contravention of this act, or which has been entrusted in confidence to him by any person holding office under government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under government, or as a person who holds or has held a contract made, on behalf of government, or as a person who is or has been employed under a person who holds or has held such an office or contract a wilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it or a court of justice or a person to whom it is, in the interests of the state his duty to communicate it or b uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the state or c retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof or d fails to take reasonable care of, or so conducts himself as to endanger the safety of, the sketch, plan, model, article, note, document, secret official code or pass word or information he shall be guilty of an offence under this section. 2 if any person voluntarily receives any secret official code or pass word or any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe, at the time when he receives it, that the code, pass word, sketch, plan, model, article, note, document or information is communicated in contravention of this act, he shall be guilty of an offence under this section. 3 if any person having in his possession or control any sketch, plan, model, article, note, document or information, which relates to munitions of war, communicates it, directly or indirectly, to any foreign power or in any other manner prejudicial to the safety or interests of the state, he shall be guilty of an offence under this section. 2 4 a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 1. subs. by act 24 of , s. 5, for or which has been made or obtained in contravention of this act,. 2. subs. by act 24 of , s. 5, for subsection 4 w.e.f..

section 12. of the official secrets act : 112. provisions of section 337 of act 5 of to apply to offences under sections 3, 5 and 7.the provisions of section 337 of the code of criminal procedure, shall apply in relation to an offence punishable under section 3 or under section 5 or under section 7 or under any of the said sections 3, 5 and 7 read with section 9, as they apply in relation to an offence punishable with imprisonment for a term which may extend to seven years. 1. subs. by s. 10, ibid., for section 12. 2. see now the code of criminal procedure, 2 of , s. 306.

section 13. of the official secrets act : 1 no court other than that of a magistrate of the first class specially empowered in this behalf by the 1 appropriate government which is inferior to that of a district or presidency magistrate shall try any offence under this act. 2 if any person under trial before a magistrate for an offence under this act at any time before a charge is framed claims to be tried by the court of session, the magistrate shall, if he does not discharge the accused, commit the case for trial by that court, notwithstan ding that it is not a case exclusively triable by that court. 3 no court shall take cognizance of any offence under this act unless upon complaint made by order of, or under authority from, the 2 appropriate government 3 or some officer empowered by the 4 appropriate government in this behalf. 5 4 for the purposes of the trial of a person for an offence under this act, the offence may be deemed to have been committed either at the place in which the same actually wa s committed or at any place in 6 india in which the offender may be found. 7 5 in this section, the appropriate government means a in relation to any offences under section 5 not connected with a prohibited place or with a foreign power, the state government and b in relation to any other offence, the central government. 1. subs. by the a.o. , for local government. 2. subs. ibid., for governorgeneral in council. 3. the words the local government omitted, ibid. 4. the proviso omitted by act 24 of , s. 11. 5. subs. by act 3 of , s. 3 and the schedule, for the states. 6. ins. by the a.o. .

section 6. of the official secrets act : 1 if any person for the purpose of gaining admission or of assisting any other person to gain admission to a prohibited place or for any other purpose prejudicial to the safety of the state a uses or wears, without lawful authority, any naval, military, air force, police or other official uniform, or any uniform so nearly, resembling the same as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform or b orally, or in writing in any declaration or application, or in any document signed by him or on his behalf, knowingly makes or connives at the making of any false statement or any omission or c forges, alters, or tampers with any passport or any naval, military, air force, police, or official pass, permit, certificate, licence, or other document of a similar character hereinafter in this section referred to as an official document or knowingly uses or has. in his possession any such forged, altered, or irregular official document or d personates, or falsely represents himself to be, a person holding, or in the employment of a person holding, office under government, or to be or not to be a person to whom an official document or secret official code or pass word has been duly issued or communicated, or with intent to obtain an official document, secret official code or pass word, whether for himself or any other person, knowingly makes any false statement or e uses, or has in his possession or under his control, without the authority of the department of the government or the authority concerned, any die, seal or stamp of or belonging to, or used, made or provided by, any department of the government, or by any diplomatic, naval, military, or air force authority appointed by or acting under the authority of government, or any die, seal or stamp so nearly resembling any such die, seal or stamp as to be calculated to deceive, or counterfeits any such die, seal or stamp, or knowingly uses, or has in his possession or under his control, any such counterfeited die, seal or stamp he shall be guilty of an offence under this section. 2 if any person for any purpose prejudicial to the safety of the state a retains any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails to comply with any directions issued by any department of the government or any person authorised by such department with regard to the return or disposal thereof or b allows any other person to have possession of any official document issued for his use alone, or communicates any secret official code or pass word so issued, or, without lawful authority or excuse, has in his possession any official document or secret official code or pass word issued for the use of some person other than himself, or, on obtaining possession of any official document by findink or otherwise, wilfully fails to restore it to the person or authority by whom or for whose use it was issued, or to a police officer or c without lawful authority or excuse, manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid he shall be guilty of an offence under this section. 3 a person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to 2three years, or with fine, or with both. 4 the provisions of subsection 2 of section 3 shall apply, for the purpose of proving a purpose prejudicial to the safety of the state, to any prosecution for an offence under this section relating to the naval, military or air force affairs of government, or to any secret official code in like manner as they apply, for the purpose of proving a purpose prejudicial to the safety or interests of the state, to prosecutions for offences punishable under that section 3. 1. subs. by act 24 of , s. 6, for two years. 2. the words with imprisonment for a term which may extend to fourteen years omitted by s. 6, ibid.

section 14. of the official secrets act : in addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings if, in the course of proceedings before a court against any person for an offence under this act or the proceedings on appeal, or in the course of the trial of a person under this act, application is made by the prosecution, on the ground that the publication of any evidenc e to be given or of any statement to be made in the course of the proceedings would be prejudicial to the safety of the state, that all or any portion of the public shall be excluded during any part of the hearing, the court may make an order to that effect, but the passing of sentence shall in any case take place in public.

section 15. of the official secrets act : 115. offences by companies. 1 if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercied all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individual and b director, in relation to a firm, means a partner in the firm. 1. subs. by act 24 of , s. 12, for section 15.

section 16.. of the official secrets act : repeals. rep. by the repealing act, 12 of , s. 2 and sch.

section 11. of the official secrets act : 1 if a presidency magistrate, magistrate of the first class of subdivisional magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this act has been or is about to be committed, he may grant a searchwarrant authorising any police officer named therein, not being below the rank of an officer in charge of a police station, to enter at any time any premises or place named in the warrant, if necessary, by force, and to search the premises or place and every person found therein, and to seize any sketch, plan, model, article, note or document, or anything of a like nature, or anything which is evidence of an offence under this act having been or being about to be committed which he may find on the premises or place or any such person, and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this act has been or is about to be committed. 2 where it appears to a police officer, not being below the rank of superintendent, that the case is one of great emergency, and that in the interests of the state immediate action is necessary, he may by a written order under his hand give to any police officer the like authority as may be given by the warrant of a magistrate under this section. 3 where action has been taken by a police officer under subsection 2 he shall, as soon as may be, report such action, in a presidencytown to the chief presidency magistrate, and outside such town to the district or subdivisional magistrate.

section 8. of the madras civil courts act : the present zila courts, principal sadr amins, and district munsifs, shall be respectively the first district courts, subordinate judges, and disdistrict rict munsifs under this act.

section 1. of the madras civil courts act : this act may be called the madras civil courts act, : local extent. it extends to all the territories for the time being under the government of the governor of fort. st. george in council, except the tracts respectively under the jurisdiction of the agents for ganjam and. vizagapatam . commencement. and it shall come into force on the first day of march, .

section 7. of the madras civil courts act : whenever the office of a district munsif under appointment.this act is vacant, the high court shall appoint to the office such person as it thinks fit : provided that he possesses the qualifications for the time being required by the rules in this behalf which the high court, with the previous sanction of the local government, are hereby empowered to make and alter. publication of appointments. every appointment made under this section shall be published in the same manner as appointments made by the local government. annulment of appointments . the local government may, for good and sufficient, reason, annul any appointment made under this section.

section 3. of the madras civil courts act : the number of district heretofore designated zila courts to be established or continued under this act, shall be fixed, and may from time to time be altered, by the local government : provided that no increase to the number of such courts shall be made by such government without the previous sanction of the governor general in council.

section 9. of the madras civil courts act : every court under this act shall use a seal of such form and dimensions as are, for the time being, prescribed by the local government.

section 2.. of the madras civil courts act : repeal of enactments. rep. by the repealing act, 12 of , s. 2 and the schedule.

section 10. of the madras civil courts act : the local government shall fix, and may from time to time vary, the local limits of the jurisdiction of any district judge subordinate judge under this act: local limits of jurisdiction of each of several subordinate judges. provided that, where more than one subordinate judge is appointed to any district, the district judge may assign to each such subordinate judge the local limits of his particular jurisdiction within such district. the present local limits of the jurisdiction of every civil court other than the high court shall be deemed to have been fixed under this act.

section 4. of the madras civil courts act : the number of subordinate judges and district munsifs to be appointed under this act for each district, shall be fixed, and may from time to time be altered, by the local government : provided that no addition to the number of such officers shall be made by such government without the previous sanction of the governor general in council.

section 12. of the madras civil courts act : the jurisdiction of a district judge or a subordinate judge extends, subject to the rules contained in the code of civil procedure, to all original suits and proceedings of a civil nature. jurisdiction of district munsif. the jurisdiction of a district munsif extends to all like suits and proceedings, not otherwise exempted from his cognizance, of which the amount or value of the subjectmatter does not exceed two thousand five hundred rupees.

section 5. of the madras civil courts act : the place at which any court under this act shall be held may be fixed, and may, from time to time, be altered, in the case of a district court or a subordinate judges court, by the local government, in the case of a district munsifs court, by the high court. 1 the places fixed for any court under this section shall be deemed to be within the local jurisdiction of that court. 1. added by act 21 of , s. 2.

section 14. of the madras civil courts act : when the subjectmatter of any suit or proceeding is land, a house or a garden, its value shall, for the purposes of the jurisdiction conferred by this act, be fixed in manner provided by the court fees act, , section seven clause v.

section 6. of the madras civil courts act : whenever the office of the judge of a district court hereinafter called a district judge or of a subordinate judge under this act is vacant, or whenever the governor general in council has sanctioned an addition to the number of district judges or subordinate judges under the provisions of section three or section four, the local government shall appoint to the office such duly qualified person as it thinks proper.

section 15. of the madras civil courts act : every court under this act may require a witness or party to any suit or other proceeding pending in such court to make such oath or affirmation as is prescribed by the law for the time being in force.

section 18. of the madras civil courts act : any district judge, subordinate judge, or district munsif may, for any misconduct, be suspended or removed by the local government.

section 11. of the madras civil courts act : the high court shall fix, and may from time to time modify, the local jurisdiction of district munsifs. 1 if the high court assigns the same local jurisdiction to two or more district munsifs, it shall declare which of them shall be deemed the principal district munsif, and the other, or others, shall be called additional district munsifs, and shall take cognizance only of such suits and applications as may, by special or general order in this behalf, be directed by the district judge. 1. added by s. 3, ibid.

section 13. of the madras civil courts act : regular or special appeals, 1 shall, when such appeals are allowed by law, lie from the decrees and orders of a district court to the high court. appellate jurisdiction of district court.appeals from the decrees and orders of subordinate judges and district. mirnsifs shall, when such appeals are allowed by law, lie to the district court, except when the amount or value of the subjectmatter of the suit exceeds rupees five thousand, in which case the appeal shall lie to the high court: appellate jurisdiction of subordinate judge. provided that, whenever a subordinate judges court is established in any district at a place remote from the station of the district court, the high court may, with the previous sanction of the local government, direct that appeals from the decrees or orders of district munsifs within the local limits of the jurisdiction of such subordinate judge be preferred in the court of the latter: disposal of appeal by district judge.provided also, that the district judge may remove to his own court, from time to time, appeals so preferred, and dispose of them himself, or may, subject to the orders of the high court, refer any appeals from the decrees and orders of district munsifs, preferred in the district court, to any subordinate judge within the district. 1. the words and figures or appeals under madras regulation xi of , section nine, rep. by act 12 of , the first schedule.

section 20. commission of inquiry. of the madras civil courts act : the high court may suspend any district munsif who is alleged to have misconducted himself, or may appoint a commission for enquiring into his alleged misconduct. exercise by high court of powers conferred on government by act 37 of . the provisions of act no. 37 of for regulating enquiries into the behaviour of public servants shall apply to enquiries under this section, the powers conferred by that act on the government being exercised by the high court.

section 21. of the madras civil courts act : the district judge may suspend from office, whenever he sees urgent necessity for so doing, any district munsif under his control. report to high court. whenever a district judge exercises the power report to conferred by this section, he shall forthwith send to high court the high court a full report of the circumstances of the case, together with the evidence, if any, and the high court shall make such order thereon as it thinks fit.

section 16. of the madras civil courts act : where, in any suit or proceeding, it is necessary for any court under this act to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, a the muhammadan law in cases where the parties are muhammadans, and the hindu law in cases where the parties are hindus, or b any custom if such there be having the force of law and governing the parties or property concerned, shall form the rule of decision, unless such law or custom has, by legislative enactment, been altered or abolished. c in cases where no specific rule exists, the court shall act according to justice, equity and good conscience.

section 23. of the madras civil courts act : 2 23. appointment and removal of ministerial officers of subordinate courts.the ministerial officers of the courts of the subordinate judges and district munsifs shall be appointed by such subordinate judges and district munsifs, respectively, subject to the approval or confirmation of the district judge within whose jurisdiction such courts are situate, and may 1 subject to the control of the high court be suspended or removed from offices either by the said district judge or subject to his approval or confirmation by such subordinate judges and district munsifs respectively. 1. ins. by act 21 of , s. 4. 2. subs. by act 19 of , s. 2, for section 23.

section 17. of the madras civil courts act : no district judge, subordinate judge or district munsif, shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceeding connected with, or arising out of, such suit. nor to try appeals form decrees passed by them in other capacities. no district judge or subordinate judge, shall try any appeal against a decree or order passed by himself in another capacity. mode of disposing of such suits and appeals. when any such suit, proceeding or appeal comes before any such officer, he shall report the circumstances to the court to which he is immediately subordinate. the superior court shall thereupon dispose of the case in the manner prescribed by the code of civil procedure, section six. nothing in the last preceding clause of this section shall be deemed to affect the extraordinary original civil jurisdiction of the high court.

section 19. of the madras civil courts act : the high court may, whenever it sees urgent necessity for so doing, suspend a subordinate judge pending the orders of the local government. the high court shall immediately report the circumstances of such suspension, and the local government shall make such order thereon as it thinks fit.

section 22. of the madras civil courts act : the ministerial officers of the district courts shall be appointed, and may be suspended or removed, by the judges of such courts, whose orders in such matters shall 1 subject to the control of the high court be final. 1. ins. by act 21 of , s. 4.

section 24. of the madras civil courts act : every appointment under this part shall be made subject to such rules as the local government from time to time prescribes on this behalf. duties of ministerial officers. every person appointed under this part shall perform such duties as may from time to time be imposed upon him by the presiding officer of the court to which he belongs. present ministerial officers. the present ministerial officers of the courts under this act shall be deemed to have been appointed under this part.

section 24a. of the madras civil courts act : 1 24a. transfer of ministerial officers. the local government may, at the instance of the district judge, transfer from any court, except the high court, all or any of the ministerial officers of the court of such judge, or of any subordinate judge or distric munsif under his control. the district judge may transfer all or any of the ministerial officers of any court under his control to any other such court. present ministerial officers. the present ministerial officers of the courts un der this act shall be deemed to have been appointed under this part. 1. ins. by act 19 of , s. 3.

section 30. of the madras civil courts act : the high court may permit the civil courts vacation. under its control to adjourn from time to time for periods not exceeding in the aggregate two months in each year.

section 25. of the madras civil courts act : in the event of the death of the district judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the station in which his court is held, the senior subordinate judge of the district shall, without interruption to his ordinary duties, assume charge of the district judges office, and shall discharge such of the current duties thereof as are connected with the filing of suits and appeals, the execution of processes and the like, and shall continue in charge of the office until the same is resumed or assumed by an officer duly appointed thereto.

section 26. of the madras civil courts act : the district judge, on the occurrence within his district of any vacancy in the office of district munsif may, pending the orders of the high court thereon, appoint such person as he thinks fit to act in such office and he shall at once report to the high court the ,occurrence of every such vacancy and such appointment.

section 27. of the madras civil courts act : subject to the other provisions of this act and to the rules for the time being in force and prescribed by the high court in this behalf, the general control over all the civil courts under this act in any district is vested in the district judge.

section 29. of the madras civil courts act : 1 29. exercise by subordinate judge of jurisdiction of district judge in certain proceedings. 1 the high court may, by general or special order, authorise any subordinate judge to take cognizance of, or any district judge to transfer to any subordinate judge under his control, any proceedings under the indian succession act, 29 of , which cannot be disposed of by district delegates. 2 the district judge may withdraw any such proceedings taken cognizance of by, or transferred to, a subordinate judge, and may either himself dispose of them or transfer them to a court under his control competent to dispose of them. 3 notwithstanding anything contained in section 13, proceedings taken cognizance of by, or transferred to, a subordinate judge under the provisions of this section shall be disposed of by him subject to the law applicable to like proceedings when disposed of by the district judge. 1. ins. by act 14 of , s. 2.

section 28. of the madras civil courts act : 28. investiture of 1district or subordinate judge with small cause jurisdiction. the local government may, by notification in the official gazette, invest, within such local limits as it shall from time to time appoint, any 1district or subordinate judge with the jurisdiction of a judge of a court of small causes for the trial of suits cognizable by such courts up to the amount of rupees 2 one thousand, investiture of district munsif with similar jurisdiction. and any district munsif with the same jurisdiction up to the amount of rupees fifty 3 or on the recommendation of the high court up to any amount not exceeding rupees 4 three hundred, and may, by like notification, whenever it thinks fit, withdraw such jurisdiction from the subordinate judge or munsif so invested. 1. ins. by act 21 of , s. 5. 2. subs. by act 18 of , s. 2, for five hundred. 3. ins. by act 21 of , s. 5. 4. subs. by act 18 of , s. 2, for two hundred

section 7. of the drugs and cosmetics act : 1 the central government may constitute an advisory committee to be called the drugs consultative committee to advise the central government, the state governments and the drugs technical advisory board on any matter tending to secure uniformity throughout 1india in the administration of this act. 2 the drugs consultative committee shall consist of two representatives of the central government to be nominated by that government and one representative of each state government to be nominated by the state government concerned. 3 the drugs consultative committee shall meet when required to do so by the central government and shall have power to regulate its own procedure. 1. subs. by act 3 of , s. 3 and the sch., for the states.

section 1. of the drugs and cosmetics act : 1 this act may be called the drugs 1and cosmetics act, . 2 it extends to the whole of india 2 . 3 it shall come into force at once but chapter iii shall take effect only from such date6 as the central government may, by notification in the official gazette, appoint in this behalf, and chapter iv shall take effect in a particular state only from such date3 as the state government may, by like notification, appoint in this behalf : 4provided that in relation to the state of jammu and kashmir, chapter iii shall take effect only from such date5 after the commencement of the drugs and cosmetics amendment act, 19 of , as the central government may, by notification in the official gazette, appoint in this behalf. 1. ins. by act 21 of , s. 3 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 19 of , s. 2. 3. 1st april, see notification no. f. 2810 3 45hi, dated the 2nd september, , gazette of india, , pt. i, p. . ch. iv came into force in the states of delhi. ajmer and coorg on the 1st april, , see ibid., chs. iii and iv came into force in the states of h.p., bilaspur, kutch, bhopal, tripura, vindhya pradesh and manipur on the 1st april, , vide notification no. s.r.o. 663, dated the 30th march, , gazette of india, pt ii, sec. 3, p. 451. ch. iv came into force in the union territory of dadra and nagar haveli w.e.f. 1st august, , see notification. no. adm/law/11774, dated the 20th july, , gazette of india, pt. iii, sec. 3, p. 128. the act is extended to dadra and nagar haveli by reg. 6 of , s. 2 and sch. i to pondicherry by reg. 7 of , s. 3 and the sch. i to goa, daman and diu by reg. 11 of , s. 3 and to the whole of the union territory of lakshadweep by reg. 8 of , s. 3 and sch. 4. added by act 19 of , s. 2. 5. 24th august, , vide notification. no. s.o. , dated the 9th august, , gazette of india, , pt. ii, sec. 3 ii, p. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the drugs and cosmetics act : the provisions of this act shall be in addition to, and not in derogation of, the dangerous drugs act, 2 of , and any other law for the time being in force.

section 6. of the drugs and cosmetics act : show related subordinates 1 the central government shall, as soon as may be, establish a central drugs laboratory under the control of a director to be appointed by the central government, to carry out the functions entrusted to it by this act or any rules made under this chapter : provided that, if the central government so prescribes, the functions of th e central drugs laboratory in respect of any drug or class of drugs 1or cosmetic or class of cosmetics shall be carried out at the central research institute, kasauli, or at any other prescribed laboratory and the functions of the director of the central drugs laboratory in respect of such drug or class of drugs 1or such cosmetic or class of cosmetics shall be exercised by the director of that institute or of that other laboratory, as the case may be. 2 the central government may, after consultation with the board, make rules prescribing a the functions of the central drugs laboratory 2 d the procedure for the submission to the said laboratory 3under chapter iv or chapter iva of samples of drugs 1or cosmetics for analysis or test, the forms of the laboratorys reports thereon and the fees payable in respect of such reports e such other matters as may be necessary or expedient to enable the said laboratory to carry out its functions f the matters necessary to be prescribed for the purposes of the proviso to subsection 1. 1. ins. by act 21 of , s. 5 w.e.f. . 2. cls. b and c omitted by act 11 of , s. 4. 3. subs. by act 13 of , s. 5, for under chapter iv w.e.f. .

section 3a. of the drugs and cosmetics act : 13a. construction of references to any law not in force or any functionary not in existence in the state of jammu and kashmir.any reference in this act to any law which is not in force, or any functionary not in existence, in the state of jammu and kashmir, shall, in relation to that state, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that state. 1. ins. by act 19 of , s. 4. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the drugs and cosmetics act : 18. standards of quality.21 for the purposes of this chapter, the expression standard quality means a in relation to a drug, that the drug complies with the standard set out in 3the second schedule, and b in relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed. 2 the central government, after consultation with the board and after giving by notification in the official gazette not less than three months notice of its intention so to do, may by a like notification add to or otherwise amend 3the second schedule, for the purposes of this chapter, and thereupon 3the second schedule shall be deemed to be amended accordingly. 1. subs. by s. 4, ibid., for the heading under chapter iii w.e.f. . 2. subs. by act 21 of , s. 2, for subsection 1 w.e.f. . 3. subs. by act 13 of , s. 7, for the schedule w.e.f. .

section 3. of the drugs and cosmetics act : in this act, unless there is anything repugnant in the subject or context, 1a 2ayurvedic, siddha or unani drug includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of 3disease or disorder in human beings or animals, and manufactured exclusively in accordance with the formulae described in, the authoritative books of 3ayurvedic, siddha and unani tibb system of medicine, specified in the first schedule 4aa the board means i in relation to 2ayurvedic, siddha or unani drug, the 3ayurvedic, siddha and unani drugs technical advisory board constituted under section 33c and ii in relation to any other drug or cosmetic, the drugs technical advisory board constituted under section 5 5 6aaa cosmetic means any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic 7 8b drug includes 9i all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes ii such substances other than food intended to affect the structure or any function of the human body or intended to be used for the destruction of 10vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette 11iii all substances intended for use as components of a drug including empty gelatin capsules and iv such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette, after consultation with the board 12c government analyst means i in relation to 13ayurvedic, siddha or unani drug, a government analyst appointed by the central government or a state government under section 33f and ii in relation to any other drug or cosmetic, a government analyst appointed by the central government or a state government under section 20 14 15e inspector means i in relation to 13ayurvedic, siddha or unani drug, an inspector appointed by the central government or a state government under section 33g and ii in relation to any other drug or cosmetic, an inspector appointed by the central government or a state government under section 21 16 17f manufacture in relation to any drug 18or cosmetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labeling, breaking up or otherwise treating or adopting any drug 18or cosmetic with a view to its 19sale or distribution but does not include the compounding or dispensing 20of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business and to manufacture shall be construed accordingly 21g to import, with its grammatical variations and cognate expressions means to bring into 22india 23 21h patent or proprietary medicine means, i in relation to ayurvedic, siddha or unani tibb systems of medicine all formulations containing only such ingredients mentioned in the formulae described in the authoritative books of ayurvedic, siddha or unani tibb systems of medicine specified in the first schedule, but does not include a medicine which is administered by parenteral route and also a formulation included in the authoritative books as specified in clause a ii in relation to any other systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the indian pharmacopoeia for the time being or any other pharmacopoeia authorised in this behalf by the central government after consultation with the drugs technical adivisory board constituted under section 5 24 21i prescribed means prescribed by rules made under this act. 25 1. ins. by act 13 of , s. 2 w.e.f. . 2. subs. by act 68 of , s. 2, for certain words w.e.f. . 3. subs. by s. 3, ibid., for certain words w.e.f. . 4. clause a was relettered as cl. aa and subs. by act 13 of , s. 2 w.e.f. . 5. ins. by act 21 of , s. 4 w.e.f. . 6. clause aa relettered by act 13 of , s. 2 w.e.f. . 7. certain words omitted by act 68 of , s.3 w.e.f. . 8. subs. by act 11 of , s. 2, for cl. b. 9. subs. by act 68 of , s. 3, for subclause i w.e.f. . 10. subs. by act 13 of , s. 2 for vermins w.e.f. . 11. ins. by act 68 of , s. 3 w.e.f. . 12. subs. by act 13 of , s. 2, for cl. c w.e.f. . 13. subs. by act 68 of , s. 2, for certain words w.e.f. . 14. cl. d omitted by act 19 of , s. 3. 15. subs. by act 13 of , s. 2, for cl. e w.e.f. . 16. cl. bbb ins. by act 11 of , s. 2. 17. cl. bbb relettered as cl. f by act 35 of , s. 2 w.e.f. . 18. ins. by act 21 of , s. 4 w.e.f. . 19. subs. by act 68 of , s. 3, sale and distribution w.e.f. . 20. subs. by act 21 of , s. 4, for or packing of any drug. 21. cls. c, d and e relettered as cls. g, h and i respectively by act 35 of , s. 2 w.e.f. . 22. subs. by act 3 of , s. 3 and sch., for the states. 23. subs. by act 68 of , s. 3, for cl. h w.e.f. . 24. subs. by act 11 of , s. 2, for original cl. e. 25. cl. f omitted by act 3 of , s. 3 and sch.

section 5. of the drugs and cosmetics act : 1 the central government shall, as soon as may be, constitute a board to be called the drugs technical advisory board to advise the central government and the state governments on technical matters arising out of the administration of this act and to carry out the other functions assigned to it by this act. 12 the board shall consist of the following members, namely: i the director general of health services, ex officio, who shall be the chairman ii the drugs controller, india, ex officio iii the director of the central drugs laboratory, calcutta, ex officio iv the director of the central research institute, kasauli, ex officio v the director of the indian veterinary research institute, izatnagar, ex officio vi the president of the medical council of india, ex officio vii the president of the pharmacy council of india, ex officio viii the director of the central drug research institute, lucknow, ex officio ix two persons to be nominated by the central government from among persons who are in charge of drugs control in the states x one person, to be elected by the executive committee of the pharmacy council of india, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an indian university or a college affiliated thereto xi one person, to be elected by the executive committee of the medical council of india, from among teachers in medicine or therapeutics on the staff of an indian university or a college affiliated thereto xii one person to be nominated by the central government from the pharmaceutical industry xiii one pharmacologist to be elected by the governing body of the indian council of medical research xiv one person to be elected by the central council of the indian medical association xv one person to be elected by the council of the indian pharmaceutical association xvi two persons holding the appointment of government analyst under this act, to be nominated by the central government. 3 the nominated and elected members of the board shall hold office for three years, but shall be eligible for renomination and reelection : 2provided that the person nominated or elected, as the case may be, under clause ix or clause x or clause xi or clause xvi of subsection 2 shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the board. 4 the board may, subject to the previous approval of the central government, make bye laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it. 5 the board may constitute subcommittees and may appoint to such subcommittees for such periods, not exceeding three years, as it may decide , or temporarily for the consideration of particular matters, persons who are not members of the board. 6 the functions of the board may be exercised notwithstanding any vacancy therein. 7 the central government shall appoint a person to be secretary of the board and shall provide the board with such clerical and other staff as the central government considers necessary. 1. subs. by s. 4, ibid., for subsection 2 w.e.f. . 2. subs. by act 13 of , s. 4, for the proviso w.e.f. .

section 4. of the drugs and cosmetics act : any substance specified as poisonous by rule made under chapter ii or chapter iv 1or chapter iva shall be deemed to be a poisonous substance for the purposes of chapter iii or chapter iv 1or chapter iva, as the case may be. 1. ins. act 13 of , s. 3 w.e.f. .

section 9b. spurious drugs of the drugs and cosmetics act : 19b. spurious drugs.for the purposes of this chapter, a drug shall be deemed to be spurious a if it is imported under a name which belongs to another drug or b if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug or c if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist or d if it has been substituted wholly or in part by another drug or substance or e if it purports to be the product of a manufacturer of whom it is not truly a product. 1. subs. by s. 6, ibid., for sections 9a and 9b w.e.f. .

section 7a.sections 5 and 7 not to apply to ayurvedic, siddha or unani drugs of the drugs and cosmetics act : 17a. sections 5 and 7 not to apply to ayurvedic, siddha or unani drugs.nothing contained in sections 5 and 7 shall apply to 2ayurvedic, siddha or unani drugs. 1. ins. by act 13 of , s. 6 w.e.f. . 2. subs. by act 68 of , s. 2, for certain words w.e.f. .

section 9. of the drugs and cosmetics act : 19. misbranded drugs.for the purposes of this chapter, a drug shall be deemed to be misbranded a if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is or b if it is not labelled in the prescribed manner or c if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular. 1. subs. by act 68 of , s. 5, for section 9 w.e.f. .

section 9a. of the drugs and cosmetics act : 19a. adulterated drugs. for the purposes of this chapter, a drug shall be deemed to be adulterated, a if it consists, in whole or in part, of any filthy, putrid or decomposed substance or b if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health c if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to hea lth or d if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed or e if it contains any harmful or toxic substance which may render it injurious to health or f if any substance has been mixed therewith so as to reduce its quality or strength. 1. subs. by s. 6, ibid., for sections 9a and 9b w.e.f. .

section 9c. of the drugs and cosmetics act : 19c. misbranded cosmetics.for the purposes of this chapter, a cosmetic shall be deemed to be misbranded a if it contains a colour which is not prescribed or b if it is not labelled in the prescribed manner or c if the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular. 1. subs. by s. 6, ibid., for sections 9a and 9b w.e.f. .

section 10. of the drugs and cosmetics act : from such date1 as may be fixed by the central government by notification in the official gazette in this behalf, no person shall import a any drug 2or cosmetic which is not of standard quality 3b any misbranded drug 4or misbranded or spurious cosmetics 5bb any 6adulterated or spurious drug c any drug 2or cosmetic for the import of which a licence is prescribed, otherwise than under, in accordance with, such licence 7d any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 8the true formula or list of active ingredients contained in it together with the quantities thereof e any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed 2ee any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended f any drug 2or cosmetic the import of which is prohibited by rule made under this chapter : provided that nothing in this section shall apply to the import, subject to prescribed con ditions, of small quantities of any drug for the purpose of examination, test or ana lysis or for personal use : provided further that the central government may, after consultation with the board, by notification in the official gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality. 9 1. 1st april, , for cls. a, b, c, e and f and 1st april, , for cl. d, see notification no. di, dated the 11th february, , gazette of india, , pt. i, p 189 as amended by notification no. f12/48di, dated the 29th september, , 1st april, , for the state of h.p., bilaspur, kutch, bhopal, tripura, vindhya pradesh and manipur vide notification no. s.r.o. 666, dated the 30th march, , gazette of india, , pt. ii, sec. 3, p. 451. 2. ins. by act 21 of , s. 8 w.e.f. . 3. subs. by s. 8, ibid., for clause b w.e.f. . 4. subs. by act 68 of , s. 7, for or misbranded cosmetic w.e.f. . 5. ins. by act 13 of , s. 9 w.e.f. . 6. subs, by act 68 of s. 7, for adulterated w.e.f. . 7. subs. by act 11 of , s. 5, for clause d. 8. subs. by act 68 of , s. 7, for certain words w.e.f. . 9. the explanation omitted by act 68 of , s. 7 w.e.f. .

section 9d. of the drugs and cosmetics act : 19d. spurious cosmetics.for the purposes of this chapter, a cosmetic shall be deemed to be spurious, a if it is imported under a name which belongs to another cosmetic or b if it is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic or c if the label , or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist or d if it purports to be product of a manufacture of whom it is not truly a product. 1. subs. by s. 6, ibid., for sections 9a and 9b w.e.f. .

section 15. of the drugs and cosmetics act : no court inferior to that 1of a metropolitan magistrate or of a judicial magistrate of the first class shall try an offence punishable under section 13. 1. subs. by act 68 of , s. 11, for certain words w.e.f. .

section 10a. of the drugs and cosmetics act : 110a. power of central government to prohibit import of drugs and cosmetics in public interest.without prejudice to any other provision contained in this chapter, if the central government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that government may, by notification in the official gazette, prohibit the import of such drug or cosmetic. 1 ins. by s. 8, ibid. w.e.f. .

section 12. of the drugs and cosmetics act : show related subordinates 1 the central government may, 1after consultation with or on the recommendation of the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter : 2provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rules. 2 without prejudice to the generality of the foregoing power, such rules may a specify the drugs or classes of drugs 3or cosmetics or classes of cosmetics for the import of which a licence is required, 4and prescribed the form and conditions of such licences, the authority empowered to issue the same, the fees payable therefor and provide for the cancellation, or suspension of such licence in any case where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which the licence is issued is not complied with b prescribe the methods of test or analysis to be employed in determining whether a drug 3or cosmetic is of standard quality c prescribe, in respect of biological and organometallic compounds, the units or methods of standardisation 5cc prescribe under clause d of 6section 9a the colour or colours which a drug may bear or contain for purposes of colouring d specify the diseases or ailments which an imported drug may not purport or claim 7to prevent, cure or mitigate and such other effects which such drug may not purport or claim to have e prescribe the conditions subject to which small quantities of drugs, the import of which is otherwise prohibited under this chapter, may be imported for the purpose of examination, test or analysis or for personal use f prescribe the places at which drugs 3or cosmetics may be imported, and prohibited their import at any other place g require the date of manufacture and the date of expiry of potency to be clearly and truely stated on the label or container of any specified imported drug or class of such drug, and prohibit the import of the said drug or class of drug after the expiry of a specified period from the date of manufacture h regulate the submission by importers, and the securing, of samples of drugs 8or cosmetics for examination, test or analysis by the central drugs laboratory, and prescribed the fees, if any, payable for such examination, test or analysis i prescribe the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of drugs 66or cosmetics sought to be imported, the procedure of officers of customs in dealing with such evidence, and the manner of storage at places of import of drugs 8or cosmetics detained pending admission j provide for the exemption, conditionally or otherwise, from all or any of the provisions of this chapter and the rules made thereunder of drugs 8or cosmetics imported for the purpose only of transport through, and export from, 9india k prescribe the conditions to be observed in the packing in bottles, packages or other containers, of imported drugs 8or cosmetics 10including the use of packing material which comes into direct contact with the drugs l regulate the mode of labelling drugs 8or cosmetics imported for sale in packages, and prescribe the matters which shall or shall not be included in such labels m prescribe the maximum proportion of any poisonous substance which may be added to or contained in any imported drug, prohibit the import of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this chapter and the rules made thereunder n require that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any imported, patent or proprietary medicine containing such drug o provide for the exemption, conditionally or otherwise, from all or any of the provisions of this chapter or the rules made thereunder of any specified drug or class of drugs 8or cosmetics or class of cosmetics. 1. subs. by act 68 of , s. 9, for after consultation with the board w.e.f. . 2. ins. by act 11 of , s. 7. 3. ins. by act 21 of , s. 10 w.e.f. . 4. subs. by act 68 of , s. 9, for certain words w.e.f. . 5. ins. by act 13 of , s. 10 w.e.f. . 6. subs. by act 68 of , s. 9, for section 9b w.e.f. . 7. subs. by act 11 of , s. 7 for to cure or mitigate. 8. ins. by act 21 of , s. 10 w.e.f. . 9. subs. by act 3 of , s. 3 and sch., for the states. 10. ins. by act 68 of , s. 9 w.e.f. .

section 14. confiscation of the drugs and cosmetics act : where any offence punishable under section 13 has been committed, the consignment of the drugs 1or cosmetics in respect of which the offence has been committed shall be liable to confiscation. 1. ins. by act 21 of , s. 11 w.e.f. .

section 11. of the drugs and cosmetics act : 1 the law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the sea customs act, 18 of shall, subject to the provisions of section 13 of this act, apply in respect of drugs 2and cosmetics the import of which is prohibited under this chapter and officers of customs and officers empowered under that act to perform the duties imposed thereby on a 3commissioner of custom and other officers of customs, shall have the same powers in respect of such drugs 4and cosmetics as they have for the time being in respect of such goods as aforesaid. 52 without prejudice to the provisions of subsection 1, the 6commissioner of customs or any officer of the government authorised by the central government in this behalf, may detain any imported package which he suspects to contain any drug 4or cosmetic the import of which is prohibited under this chapter and shall forthwith report such detention to the drugs controller, india and, if necessary, forward the p ackage or sample of any suspected drug 4or cosmetic found therein to the central drugs laboratory. 1 now see the customs act, . 2 ins. by act 21 of , s. 9 w.e.f. . 3 subs. by act 22 of , s. 83, for customs collector. 4 ins. by act 21 of , s. 9 w.e.f. . 5 subs. by act 11 of , s. 6, for subsection 2. 6 subs. by act 22 of , s. 83, for customs collector.

section 13.offences of the drugs and cosmetics act : 113. offenees. 1 whoever himself or by any other person on his behalf imports, a any drug deemed to be adulterated under section 9a or deemed to be a spurious drug under section 9b or any spurious cosmetic referred to in section 9d or any cosmetic of the nature referred to in clause ee of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees b any drug or cosmetic other than a drug or cosmetic referred to in clause a, the import of which is prohibited under section 10, or any rule made under this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both c any drug or cosmetic in contravention of the provisions of any notification issued under section 10a, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. 2 whoever having been convicted of an offence a under clause a or clause c of subsection 1, is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both b under clause b of subsection 1, is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 3 the punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section 11. 1. subs. by s. 10, ibid., for section 13 w.e.f. .

section 16. of the drugs and cosmetics act : 1 this act may be called the drugs 1and cosmetics act, . 2 it extends to the whole of india 2 . 3 it shall come into force at once but chapter iii shall take effect only from such date3 as the central government may, by notification in the official gazette, appoint in this behalf, and chapter iv shall take effect in a particular state only from such date3 as the state government may, by like notification, appoint in this behalf : 4provided that in relation to the state of jammu and kashmir, chapter iii shall take effect only from such date5 after the commencement of the drugs and cosmetics amendment act, 19 of , as the central government may, by notification in the official gazette, appoint in this behalf. 1. ins. by act 21 of , s. 3 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 19 of , s. 2. 3. 1st april, see notification no. f. 2810 3 45hi, dated the 2nd september, , gazette of india, , pt. i, p. . ch. iv came into force in the states of delhi. ajmer and coorg on the 1st april, , see ibid., chs. iii and iv came into force in the states of h.p., bilaspur, kutch, bhopal, tripura, vindhya pradesh and manipur on the 1st april, , vide notification no. s.r.o. 663, dated the 30th march, , gazette of india, pt ii, sec. 3, p. 451. ch. iv came into force in the union territory of dadra and nagar haveli w.e.f. 1st august, , see notification. no. adm/law/11774, dated the 20th july, , gazette of india, pt. iii, sec. 3, p. 128. the act is extended to dadra and nagar haveli by reg. 6 of , s. 2 and sch. i to pondicherry by reg. 7 of , s. 3 and the sch. i to goa, daman and diu by reg. 11 of , s. 3 and to the whole of the union territory of lakshadweep by reg. 8 of , s. 3 and sch. 4. added by act 19 of , s. 2. 5. 24th august, , vide notification. no. s.o. , dated the 9th august, , gazette of india, , pt. ii, sec. 3 ii, p. .

section 17.misbranded drugs of the drugs and cosmetics act : 117. misbranded drugs. for the purposes of this chapter, a drug shall be deemed to be misbranded, a if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is or b if it is not labelled in the prescribed manner or c if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular. 1. subs. by act 68 of , s. 13, for sections 17, 17a and 17b w.e.f. .

section 17a. of the drugs and cosmetics act : 117a. adulterated drugs.for the purposes of this chapter, a drug shall be deemed to be adulterated, a if it consists in whole or in part, of any filthy, putrid or decomposed substance or b if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health or c if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health or d if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed or e if it contains any harmful or toxic substance which may render it injurious to health or f if any substance has been mixed therewith so as to reduce its quality or strength. 1. subs. by act 68 of , s. 13, for sections 17, 17a and 17b w.e.f. .

section 18a. of the drugs and cosmetics act : 118a. disclosure of the name of the manufacturer, etc.every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the inspector the name, address and other particulars of the person from whom he acquired the drug or cosmetic. 1. ins. by act 13 of , s. 14 w.e.f. .

section 17c.misbranded cosmetics of the drugs and cosmetics act : 117c. misbranded cosmetics.for the purposes of this chapter, a cosmetic shall be deemed to be misbranded, a if it contains a colour which is not prescribed or b if it is not labelled in the prescribed manner or c if the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular. 1. subs. by act 68 of , s. 13, for sections 17, 17a and 17b w.e.f. .

section 17b. of the drugs and cosmetics act : 117b. spurious drugs.for the purposes of this chapter, a drug shall be deemed to be spurious, a if it is manufactured under a name which belongs to another drug or b if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug or c if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist or d if it has been substituted wholly or in part by another drug or substance or e if it purports to be the product of a manufacturer of whom it is not truly a product. 1. subs. by act 68 of , s. 13, for sections 17, 17a and 17b w.e.f. .

section 17d. of the drugs and cosmetics act : 117d. spurious cosmetics.for the purposes of this chapter, a cosmetic shall be deemed to be spurious, a if it is manufactured under a name which belongs to another cosmetic or b if it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic unless it is plainly and conspicuously marked so as to re veal its true character and its lack of identity with such other cosmetic or c if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist or d if it purports to be the product of a manufacturer of whom it is not truly a product. 1. subs. by act 68 of , s. 13, for sections 17, 17a and 17b w.e.f. .

section 17e.adulterated cosmetics of the drugs and cosmetics act : 117e. adulterated cosmetics. for the purposes of this chapter, a cosmetic shall be deemed to be adulterated, a if it consists in whole or in part, of any filthy, putrid or decomposed substance or b if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health or c if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health or d if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed or e if it contains any harmful or toxic substance which may render it injurious to health or f if any substance has been mixed therewith so as to reduce its quality or strength. 1. ins. by act 26 of , s. 2 w.e.f. .

section 19. of the drugs and cosmetics act : 1 save as hereinafter provided in this section, it shall be no defence in a prosecution under this chapter to prove merely that the accused was ignorant of the nature, sub stance or quality of the drug 1or cosmetic in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale. 2 2for the purposes of section 18 a drug shall not be deemed to be misbranded or 3adulterated or spurious or to be below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality only by reason of the fact that a there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or preparation of the drug 1or cosmetic as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug 1or cosmetic or to conceal its inferior quality or other defects or 4 b in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it: provided that this clause shall not apply in relation to any sale or distribution of the drug 1 or cosmetic occurring after the vendor or distributor became aware of such intermixture. 53 a person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of section 18 if he proves a that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof b that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section and c that the drug or cosmetic, while in his possession, was properly stored a nd remained in the same state as when he acquired it. 1. ins. by act 21 of , s. 15 w.e.f. . 2. subs. by act 13 of , s. 15, for certain words w.e.f. . 3. subs. by act 68 of , s. 16, for adulterated w.e.f. . 4. cl. aa ins. by act 11 of , s. 10, omitted by act 13 of , s. 15 w.e.f. . 5. subs. by act 13 of , s. 15, for subsection 3 w.e.f. .

section 18.prohibition of manufacture and sale of certain drugs and cosmetics of the drugs and cosmetics act : from such 1date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himself or by any other person on his behalf a 2manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute 3i any drug which is not of a standard quality, or is misbranded, adulterated or spurious 4ii any cosmetic which is not of a standard quality or is misbranded, adulterated or spurious 5iii any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 2the true formula or list of active ingredients contained in it together with the quantities thereof iv any drug which by means of any statement design or device accompanying it or by any other means, purports or claims 6to prevent, cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed 7v any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended vi any drug or cosmetic in contravention of any of the provisions of this chapter or any rule made thereunder b 2sell or stock or exhibit or offer for sale, or distribute any drug 8or cosmetic which has been imported or manufacutred in contravention of any of the provisions of this act or any rule made thereunder c 2manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute any drug 8or cosmetic, except under, and in accordance with the conditions of, a licence issued for such purpose under this chapter: provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis : provided further that the 9central government may, after consultation with the board, by notification in the official gazette, permit, subject to any conditions specified in the notifica tion, the 10manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale or distribution of any drug or class of drugs not being of standard quality. 11 1. 1st april, for subclauses i, ii, iv and v of cl. a and cls. b and c 1st april, for subclause iii of cl. a in so far as it takes effect in delhi, ajmer and coorg, see notifn. no. d, ii, dated 11th february, , gazette of india, , pt. i, p. 189, as amended by notifn. no. f. 12/48d ii, dated 29th september, 1st april, for the states of h. p., bilaspur, kutch, bhopal, tripura, vindhya pradesh and manipur, vide notifn. no. s.r.o. 664, dated the 30th march, , gazette of india, , pt. ii, sec. 3, p. . subs. by act 68 of . s. 14, for certain words w.e.f. . 3. subs. by s. 14, ibid, for cls. i, ii and iia w.e.f. . 4. subs. by act 26 of , s. 3, for subclause ii w.e.f.. 5. subs. by act 11 of , s. 9, for subclause iii. 6. subs by s. 9, ibid., for to cure or mitigate. 7. subs. by act 21 of , s. 14, for subclause v w.e.f. . 8. ins. by s. 14, ibid. w.e.f. . 9. subs. by act 11 of , s. 9, for state government. 10. subs. by act 68 of , s. 14, for manufacture for sale, sale w.e.f. . 11. the explanation omitted by act 68 of , s. 14 w.e.f. .

section 18b. of the drugs and cosmetics act : 118b. maintenance of records and furnishing of information.every person holding a licence under clause c of section 18 shall keep and maintain such records, registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this act such information as is required by such officer or authority for carrying out the purposes of this act. 1. ins. by act 68 of , s. 15 w.e.f. .

section 24. of the drugs and cosmetics act : every person for the time being in charge of any premises whereon any drug 1or cosmetic is being manufactured or is kept for sale or distribution shall, on being required by an inspector so to do, be legally bound to disclose to the inspector the place where the drug 1or cosmetic is being manufactured or is kept, as the case may be. 1. ins. by act 21 of , s. 15 w.e.f. .

section 20. of the drugs and cosmetics act : 120. government analysts.1 the state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be government analysts for such areas in the state and in respect of such drugs or 2classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification. 2 the central government may also, by notification in the official gaz ette, appoint such persons as it thinks fit, having the prescribed qualifications, to be government analysts in respect of such drugs or 2classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification. 3 notwithstanding anything contained in subsection 1 or subsection 2, neither the central government nor a state government shall appoint as a government analyst any official not serving under it without the previous consent of the government und er which he is serving. 34 no person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a government analyst under subsection 1 or subsection 2 of this section. 1. subs by act 35 of , s. 4, for the original sections 20 and 21 w.e.f. . 2. subs. by act 21 of , s. 16, for class of drugs w.e.f. . 36. ins. by act 68 of , s. 17 w.e.f. .

section 21.inspectors of the drugs and cosmetics act : 121. inspectors.1 the central government or a state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be inspectors for such areas as may be assigned to them by the central government or the state government, as the case may be. 2 the powers which may be exercised by an inspector and the duties which may be performed by him, the drugs or 2classes of drugs or cosmetics or classes of cosmetics in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed shall be such as may be prescribed. 3 no person who has any financial interest 3in the import, manufacture or sale of drugs or cosmetics shall be appointed to be an inspector under this section. 4 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of , and shall be officially subordinate to such authority 4having the prescribed qualifications, as the government appointing him may specify in this behalf. 1. subs by act 35 of , s. 4, for the original sections 20 and 21 w.e.f. . 2. subs. by act 21 of , s. 17, for class of drugs w.e.f. . 3. subs. by s. 17, ibid., for in the manufacture, import or sale of drugs w.e.f. . 4. ins. by act 68 of , s. 18 w.e.f. .

section 22. of the drugs and cosmetics act : 122. powers of inspectors.1 subject to the provisions of section 23 and of any rules made by the central government in this behalf, an inspector may, within the local limits of the area for which he is appointed, 2a inspect, i any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic ii any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed b take samples of any drug or cosmetic, i which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed ii from any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee c at all reasonable times, with such assistance, if any, as he considers necessary, i search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this chapter has been, or is being, committed or ii enter and search any place in which he has reason to believe that an offence under this chapter has been, or is being, committed or iii stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is being used for carrying any drug or cosmetic in respect of which an offence under this chapter has been, or is being, committed, and order in writing the person in possession of the drug or cosmetic in respect of which the offence has been, or is being, committed, not to dispose of any stock of such dru g or cosmetic for a specified period not exceeding twenty days, or, unless the alleged offence is such that the defect may be removed by the possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by means of which the offence has been, or is being, committed or which may be employed for the commission of such offence 3cc examine any record, register, document or any other material object found 4with any person, or in any place, vehicle, vessel or other conveyance referred to in clause c, and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder 5cca require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution of any drug or cosmetic in respect of which he has reason to believe that an offence under this chapter has been, or is being, committed d exercise such other powers as may be necessary for carrying out the purposes of this chapter or any rules made thereunder. 2 the provisions of 6the code of criminal procedure, 2 of shall, so far as may be, apply to any search or seizure under this chapter as they apply to any search or seizure made under the authority of a warrant issued under 7section 94 of the said code. 52a every record, register or other document seized under clause cc or produced under clause cca shall be returned to the person, from whom they were seized or who produce the same, within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken. 3 if any person wilfully obstructs an inspector in the exercise of the powers conferred upon him by or under this chapter 8or refuses to produce any record, register or other document when so required under clause cca of subsection 1, he shall be punishable with imprisonment which may extend to three years, or with fine, or with both. 1. subs. by act 11 of , s. 11, for s. 22. 2. subs. by act 68 of , s. 19, for cls. a, b and c w.e.f. . 3. ins. by act 35 of , s. 5 w.e.f. . 4. subs. by act 68 of , s. 19, for certain words w.e.f. . 5. ins. by s. 19, ibid. w.e.f. . 6. subs. by s. 19, ibid., for the code of criminal procedure, w.e.f. . 7. subs. by s. 19, ibid., for section 98 w.e.f. . 8. ins. by act 68 of , s. 19 w.e.f. .

section 23. of the drugs and cosmetics act : 1 where an inspector takes any sample of a drug 1or cosmetic under this chapter, he shall tender the fair price thereof and may require a written acknowledgment therefor. 2 where the price tendered under subsection 1 is refused, or where the inspector seizes the stock of any drug 1or cosmetic under clause c of section 22, he shall tender a receipt therefor in the prescribed form. 3 where an inspector takes a sample of a drug 1or cosmetic for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: provided that where the sample is taken from premises whereon the drug 1or cosmetic is being manufactured, it shall be necessary to divide the sample into three portions only: provided further that where the drug 1or cosmetic is made up in containers of small volume, instead of dividing a sample as aforesaid, the inspector may, and if the drug 1or cosmetic be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably ma rking the same and, where necessary, sealing them. 4 the inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows: i one portion or container he shall forthwith send to the government analyst for test or analysis ii the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the drug 1or cosmetic and 2iii the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18a. 5 where an inspector takes any action under clause c of section 22, a he shall use all despatch in ascertaining whether or not the drug 1 or cosmetic contravenes any of the provisions of section 18 and, if it is ascertained that the drug 1or cosmetic does not so contravene, forthwith revoke the order passed under the sa id clause or, as the case may be, take such action as may be necessary for the return of the stock seized b if he seizes the stock of the drug 1or cosmetic he shall as soon as may be inform 3a judicial magistrate and take his orders as to the custody thereof c without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the drug 4or cosmetic he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause. 56 where an inspector seizes any record, register, document or any other material object under clause cc of subsection 1 of section 22, he shall, as soon as may be, inform 6a judicial magistrate and take his orders as to the custody thereof. 1. ins. by act 21 of , s. 15 w.e.f. . 2. subs. by act 13 of , s. 16, for cl. iii w.e.f. . 3. subs. by act 68 of , s. 20, for a magistrate w.e.f. . 4. ins. by act 21 of , s. 15 w.e.f. . 5. ins. by act 35 of , s. 6 w.e.f. . 6. subs. by act 68 of , s. 20, for a magistrate w.e.f. .

section 25. of the drugs and cosmetics act : 1 the government analyst to whom a sample of any drug 1or cosmetic has been submitted for test or analysis under subsection 4 of section 23, shall deliver to the inspector submitting it a signed report in triplicate in the prescribed form. 2 the inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken 2and another copy to the person, if any, whose name, address and other particulars have been disclosed under section 18a, and shall retain the third copy for use in any prosecution in respect of the sample. 3 any document purporting to be a report signed by a government analyst under this chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken 3or the person whose name, address and other particulars have been disclosed under section 18a has, within twenty eight days of the receipt of a copy of the report, notified in writing the inspector or the court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. 4 unless the sample has already been tested or analysed in the central drugs laboratory, where a person has under subsection 3 notified his intention of adducing evidence in controversion of a government analysts report, the court may, of its own motion or in its discretion at the request either of the complainant or the accused cause the sample of the drug 1or cosmetic produced before the magistrate under subsection 4 of section 23 to be sent for test or analysis to the said laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the director of the central drugs laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. 5 the cost of a test or analysis made by the central drugs laboratory under subsection 4 shall be paid by the complainant or accused as the court shall direct. 1 ins. by act 21 of , s. 15 w.e.f. . 2 subs. by act 13 of , s. 17, for certain words w.e.f. . 3 subs. by s. 17, ibid., for or the said warrantor w.e.f. .

section 27., of drugs in contravention of this chapter. of the drugs and cosmetics act : 127. penalty for manufacture, sale, etc., of drugs in contravention of this chapter.whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes, a any drug deemed to be adulterated under section 17a or spurious under section 217b and which when used by any person for or in the diagnosis, treatment, mitigation, or pre vention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grevious hurt within the meaning of section 320 of the indian penal code 45 of solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be 3punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more: 4provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had used the adulterated or spurious drugs referred to in this clause: provided further that where the use of the adulterated or, spurious drugs referred to in this clause has caused the death of a person who used such drugs, the fine imposed on and realised from, the person convicted under this clause, shall be paid to the relative of the person who had died due to the use of the adulterated or spurious drugs referred to in this clause. explanation.for the purposes of the second proviso, the expression relative means i spouse of the deceased person or ii a minor legitimate son, and unmarried legitimate daughter and a widowed mother or iii parent of the minor victim or iv if wholly dependent on the earnings of the deceased person at the time of his death, a son or a daughter who has attained the age of eighteen years or v any person, if wholly or in part, dependent on the earnings of the deceased person at the time of his death, a the parent or b a minor brother or an unmarried sister or c a widowed daughterinlaw or d a widowed sister or e a minor child of a predeceased son or f a minor child of a predeceased daughter where no parent of the child is alive or g the paternal grandparent if no parent of the member is alive b any drug i deemed to be adulterated under section 17a but not being a drug referred to in clause a, or ii without a valid licence as required under clause c of section 18, shall be punishable with imprisonment for a term which shall 5not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees or three times the value of the drugs confiscated, whichever is more: provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of 6less than three years and of fine of less than one lakh rupees c any drug deemed to be spurious under section 17b, but not being a drug referred to in clause a shall be punishable with imprisonment for a term which shall 7not less than seven years but which may extend to imprisonment for life and with fine which shall not be three lakh rupees or three times the value of the drugs confiscated, whichever is more: provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of 8less than seven years but not less than three years and of fine of less than one lakh rupees d any drug, other than a drug referred to in clause a or clause b or clause c, in contravention of any other provision of this chapter or any rule made thereunder, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years 9and with fine which shall not be less than twenty thousand rupees: provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than one year. 1. subs. by act 68 of , s. 22, for sections 27 and 27a w.e.f. . 2. subs. by act 26 of , s. 6, for 17b or which w.e.f. . 3. subs. by s. 6, ibid., for punishable with imprisonment for a term which shall not be less than five years but which may extend to a term of life and with fine which shall not be less than ten thousand rupees w.e.f. . 4. the provisos ins. by s. 6, ibid. w.e.f. . 5. subs. by act 26 of , s. 6, for not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees w.e.f. . 6. subs. by s. 6, ibid., for less than one year and of fine of less than five thousand rupees w.e.f. . 7. subs. by s. 6, ibid., for not be less than three years but which may extend to five years and with fine which shall not be less than five thousand rupees w.e.f. . 8. subs. by s. 6, ibid., for less than three years but not less than one year w.e.f. . 9. subs. by s. 6, ibid., for and with fine w.e.f. .

section 26a., of drug and cosmetic in public interest. of the drugs and cosmetics act : 126a. powers of central government to 2regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest. without prejudice to any other provision contained in this chapter, if the central government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that government may, by notification in the official gazette, 2regulate, restrict or prohibit the manufacture, sale or distribution of such drug or cosmetic. 1. ins. by act 68 of . s. 21 w.e.f. . 2. subs. by act 26 of , s. 4, for prohibit w.e.f. .

section 26. of the drugs and cosmetics act : any person 2or any recognised consumer association, whether such person is a member of that association or not, shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to submit for test or analysis to a government analyst any drug 1or cosmetic 3purchased by him or it and to receive a report of such test or analysis signed by the government analyst. 4 explanation.for the purposes of this section and section 32, recognised consumer association means a voluntary consumer association registered under the companies act, 1 of or any other law for the time being in force. 1. ins. by act 21 of , s. 15 w.e.f. 2. ins. by act 71 of , s. 2 w.e.f. . 3. subs. by s. 2, ibid., for purchased by him w.e.f. . 4. ins. by act 71 of , s. 2 w.e.f.

section 26b., of drug in public interest. of the drugs and cosmetics act : 126b. power of central government to regulate or restrict, manufacture, etc., of drug in public interest. without prejudice to any other provision contained in this chapter, if the central government is satisfied that a drug is essential to meet the requirements of an emergency arising due to epidemic or natural calamities and that in the public interest, it is necessary or expedient so to do, then, that government may, by notification in the official gazette, regulate or restrict the manufacture, sale or distribution of such drug. 1. 4. ins. by s. 5, ibid. w.e.f. .

section 28b., of drugs or cosmetics in contravention of section 26a. of the drugs and cosmetics act : 128b. penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26a.whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisions of any notification issued under section 26a, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupees. 1. ins. by act 68 of s. 24 w.e.f. .

section 27a., of cosmetics in contravention of this chapter. of the drugs and cosmetics act : 127a. penalty for manufacture, sale, etc., of cosmetics in contravention of this chapter.whoever himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale 2i any cosmetic deemed to be spurious under section 17d or adulterated under section 17e shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than fifty thousand rupees or three times the value of the cosmetics confiscated, whichever is more ii any cosmetic other than a cosmetic referred to in clause i in contravention of any provisions of this chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both. 1. subs. by act 68 of , s. 22, for sections 27 and 27a w.e.f. . 2. subs. by s. 7, ibid., for clauses i and ii w.e.f. .

section 31. of the drugs and cosmetics act : 11 where any person has been convicted under this chapter for contravening any such provision of this chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug 2or cosmetic in respect of which the contravention has been made shall be liable to confiscation 3and if such contravention is in respect of 4i manufacture of any drug deemed to be misbranded under section 17, adulterated under section 17a or spurious under section 17b or ii 5manufacture for sale, or for distribution, sale, or stocking, or exhibiting or offering for sale, or distribution of any drug without a valid licence as required under clause c of section 18, any implements or machinery used in such manufacture, sale or distribution and any receptacles packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in carrying such drug shall also be liable to confiscation. 62 without prejudice to the provisions contained in subsection 1, where the court is satisfied, on the application of an inspector or otherwise and after such inquiry as may be necessary that the drug or cosmetic is not of standard quality 7or is a 5 misbranded, adulterated or spurious drug or misbranded or spurious cosmetic, such drug or, as the case may be, such cosmetic shall be liable to confiscation. 1. renumbered as subsection i by act 35 of , s. 9 w.e.f. . 2. ins. by act 21 of , s. 21 w.e.f. . 3. added by act 13 of . s. 21 w.e.f. . 4. subs. by act 68 of , s. 26, for cl. i w.e.f. . 5. subs. by s. 26, ibid for certain words w.e.f. . 6. subsection 2 ins. by act 35 of , s. 9, subs. by act 21 of , s. 21 w. e.f. . 7. subs. by act 13 of . s. 21, for or is a misbranded drug w.e.f. .

section 28.penalty for nondisclosure of the name of the manufacturer, etc of the drugs and cosmetics act : 128. penalty for nondisclosure of the name of the manufacturer, etc.whoever contravenes the provisions of section 18a 2or section 24 shall be punishable with imprisonment for a term which may extend to one year, or 3with fine which shall not be less than twenty thousand rupees or with both. 1. subs, by act 13 of , s. 19, for s. 28 w.e.f. . 2. ins. by act 68 of , s. 23 w.e.f. . 3. subs. by act 26 of , s. 8, for with fine which may extend to one thousand rupees or with both w.e.f. .

section 28a., and for nondisclosure of information. of the drugs and cosmetics act : 128a. penalty for not keeping documents, etc., and for nondisclosure of information. whoever without reasonable cause or excuse, contravenes the provisions of section 18b shall be punishable with imprisonment for a term which may extend to one year or 2with fine which shall not be less than twenty thousand rupees or with both. 1. ins. by act 68 of s. 24 w.e.f. . 2. subs. by act 26 of , s. 8, for with fine which may extend to one thousand rupees or with both w.e.f. .

section 29. of the drugs and cosmetics act : whoever uses any report of a test or analysis made by the central drugs laboratory or by a government analyst, or any extract from such report, for the purpose of advertising any drug 1or cosmetic, shall be punishable with fine which may extend to 2five thousand rupees. 1. ins. by act 21 of , s. 15 w.e.f. . 2. subs. by act 26 of , s. 10, for five hundred rupees w.e.f.

section 30. of the drugs and cosmetics act : 130. penalty for subsequent offences. 21 whoever having been convicted of an offence, a under clause b of section 27 is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall 3not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of 4less than seven years and of fine of less than one lakh rupees b under clause c of section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which 5shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees. c under clause d of section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years or with fine which shall not be less than 6fifty thousand rupee, or with both. 71a whoever, having been convicted of an offence under section 27a is again convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 8two thousand rupees, or with both. 2 whoever, having been convicted of an offence under 9 section 29 is again convicted of an offence under the same section shall be punishable with imprisonment which may extend to 10two years, or with fine which shall not be less than ten thousand rupees or with both. 1. subs. by act 11 of , s. 14, for s. 30. 2. subs. by act 68 of , s. 25, for subsection 1 w.e.f. . 3. subs. by act 26 of , s. 11 for not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupeesw.e.f. . 4. subs. by s. 11, ibid., for less than two years and of fine of less than ten thousand rupees w.e.f. . 5. subs. by s. 11, ibid., for shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees w.e.f. . 6. subs. by s. 11, ibid., for five thousand rupees w.e.f. . 7. ins. by act 21 of , s. 20 w.e.f. . 8. subs. by act 68 of , s. 25, for one thousand rupees w.e.f. . 9. the words and figures section 28 or omitted by act 13 of , s. 20 w.e.f. . 10. subs. by act 26 of , s. 11, for ten years or with fine or with both w.e.f. .

section 31a. of the drugs and cosmetics act : 131a. application of provisions to government departments.the provisions of this chapter except those contained in section 31 shall apply in relation to the manufacture, sale or distribution of drugs by any department of government as they apply in relation to the manufacture, sale or distribution of drugs by any other person. 1. ins. by s. 22. ibid. w.e.f. .

section 32. of the drugs and cosmetics act : 1 1 no prosecution under this chapter shall be instituted except by a an inspector or b any gazetted officer of the central government or a state government authorised in writing in this behalf by the central government or a state government or by a general or special order made in this behalf by that government or c the person aggrieved or d a recognised consumer association whether such person is a member of that association or not. 2 save as otherwise provided in this act, no court inferior to that of a court of session shall try an offence punishable under this chapter. 3 nothing contained in this chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this chapter. 1. subs. by act 26 of , s. 12, for subsections 1 and 2 w.e.f. .

section 32a. of the drugs and cosmetics act : 132a. power of court to implead the manufacturer, etc.where, at any time during the trial of any offence under this chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof the court is satisfied, on the evidence adduced before it, that such manufacturer or agent is also concerned in that offence, then, the court may, notwithstanding anything contained 2in subsections 1, 2 and 3 of section 319 of the code of criminal procedure, 2 of , proceed against him as though a prosecution had been instituted against him under section 32. 1. ins. by act 13 of , s. 23 w.e.f. . 2. subs. by act 68 of , s. 28, for in subsection 1 of section 351 of the code of criminal procedure, w.e.f.

section 32b. of the drugs and cosmetics act : 132b. compounding of certain offences. 1 notwithstanding anything contained in the code of criminal procedure, , 2 of any offence punishable under clause b of subsection 1 of section 13, section 28 and section 28a of this act whether committed by a company or any officer thereof, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by the central government or by any state government or any officer authorised in this behalf by the central government or a state government, on payment for credit to that government of such sum as that government may, by rules made in this behalf, specify: provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this act for the offence so compounded: provided further that in cases of subsequent offences, the same shall not be compoundable. 2 when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without, the leave of the court to which he is committed or, as the case may be, before which the appeal is to be heard. 3 where an offence is compounded under subsection 1, no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded and the offender, if in custody, shall be released forthwith. 1. ins. by act 26 of , s. 13 w.e.f. .

section 33e. of the drugs and cosmetics act : 133e. misbranded drugs.for the purposes of this chapter, an ayurvedic, siddha or unani drug shall be deemed to be misbranded a if it is so coloured, coated, powdered or polished that damage is concealed, or if it is made to appear of better or greater therapeutic value than it really is or b if it is not labelled in the prescribed manner or c if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33. of the drugs and cosmetics act : show related subordinates 11 the central government may 2after consultation with, or on the recommendation of, the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter : provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rules. 2 without prejudice to the generality of the foregoing power, such rules may a provide for the establishment of laboratories for testing and analysing drugs 3or cosmetics b prescribe the qualifications and duties of government analysts and the qualifications of inspectors c prescribe the methods of test or analysis to be employed in determining whether a drug 3or cosmetic is of standard quality d prescribe, in respect of biological and organometallic compounds, the units or methods of standardisation 4dd prescribe under clause d of 5section 17a the colour or colours which a drug may bear or contain for purposes of colouring 6dda prescribe under clause d of section 17e the colour or colours which a cosmetic may bear or contain for the purposes of colouring e prescribe the forms of licences 7for the manufacture for sale or for distribution, for the sale and for the distribution of drugs or any specified drug or class of drugs 8or of cosmetics or any specified cosmetic or class of cosmetics, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same 9the qualifications of such authority and the fees payable therefor 9and provide for the cancellation or suspension of such licences in any case where any provision of this chapter or the rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with 9ee prescribe the records, registers or other documents to be kept and maintained under section 18b eea prescribe the fees for the inspection for the purposes of grant or renewal of licences of premises, wherein any drug or cosmetic is being or is proposed to be manufactured eeb prescribe the manner in which copies are to be certified under subsection 2a of section 22 f specify the diseases or ailments which a drug may not purport or claim 10to prevent cure or mitigate and such other effects which a drug may not purport or claim to have g prescribe the conditions subject to which small quantities of drugs may be manufactured for the purpose of examination, test or analysis h require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the lable or container of any specified drug or class of drugs, and prohibit the sale stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency i prescribe the conditions to be observed in the packing in bottles, packages and other containers of drugs 11or cosmetics, 12including the use of packing material which comes into direct contact with the drugs and prohibit the sale, stocking or exhibition for sale, or distribution of drugs 11or cosmetics, packed in contravention of such conditions j regulate the mode of labelling packed drugs 11or cosmetics, and prescribe the matters which shall or shall not be included in such labels k prescribe the maximum proportion of any poisonous substance which may be added to or contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or distribution of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this chapter and the rules made thereunder l require that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the lable or wrapper of any patent or proprietary medicine containing such drug 13 14n prescribe the powers and duties of inspectors 12and the qualifications of the authority to which such inspectors shall be subordinate and 15specify the drugs or classes of drugs of cosmetics or classes of cosmetics in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed o prescribe the forms of report to be given by government analysts, and the manner of application for test or analysis under section 26 and the fees payable therefor 16p specify the offences against this chapter or any rule made thereunder in relation to which an order of confiscation may be made under section 31 17 q provide for the exemption conditionally or otherwise, from all or any of the provisions of this chapter or the rules made thereunder, of any specified drug or class of drugs 11or cosmetic or class of cosmetics 18and 19r sum which may be specified by the central government under section 32b. 20 1. subs. by act 11 of , s. 15, for subsection 1. 2. subs. by act 68 of , s. 29, for after consultation with the board w.e.f. . 3. ins. by act 21 of , s. 22 w.e.f. . 4. ins. by act 13 of , s. 24 w.e.f. . 5. subs. by act 68 of , s. 29, for section 17b w.e.f. . 6. ins. by act 26 of , s. 14 w.e.f. . 7. subs. by act 68 of , s. 29, for for the manufacture for sale w.e.f. . 8. ins. by act 21 of , s. 22 w.e.f. . 9. ins. by act 68 of , s. 29 w.e.f. . 10. subs. by act 11 of , s. 15, for to cure or mitigate. 11. ins. by act 21 of , s. 22 w.e.f. . 12. ins. by act 68 of , s. 29 w.e.f. . 13. cl. m omitted by act 13 of , s. 24 w.e.f. . 14. subs. by act 35 of , s. 10, for cl. n w.e.f. . 15. subs. by act 21 of , s. 22, for the drugs or class of drugs w.e.f. . 16. subs. by act 13 of , s. 24, for cl. p w.e.f. . 17. the word and omitted by act 26 of , s. 14 w.e.f. . 18. ins. by, s. 14 ibid. w.e.f. . 19. ins. by act 26 of , s. 14 w.e.f. . 20. subsection 3 ins. by act 35 of , omitted by act 13 of , s. 24 w.e.f. .

section 33a. of the drugs and cosmetics act : 133a. chapter not to apply to ayurvedic, siddha or unani drugs. save as otherwise provided in this act, nothing contained in this chapter shall apply to 2ayurvedic, siddha or unani drugs. 1. ins. by act 13 of , s. 25 w.e.f. . 2. subs. by act 68 of , s. 2, for certain words w.e.f. .

section 33ee.adulterated drugs of the drugs and cosmetics act : 133ee. adulterated drugs.for the purposes of this chapter, an ayurvedic, siddha or unani drug shall be deemed to be adulterated, a if it consists, in whole or in part, of any filthy, putrid or decomposed substance or b if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health or c if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health or d if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed or e if it contains any harmful or toxic substance which may render it injurious to health or f if any substance has been mixed therewith so as to reduce its quality or strength. explanation.for the purpose of clause a, a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug: provided that such decomposition is not due to any negligence on the part of the manufac turer of the drug or the dealer thereof and that it does not render the drug injurious to health. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33b.application of chapter iva of the drugs and cosmetics act : 133b. application of chapter iva.this chapter shall apply only to 2ayurvedic, siddha and unani drugs. 1. ins. by act 13 of , s. 26 w.e.f. . 2. subs. by act 68 of , s. 2, for certain words w.e.f. .

section 33c. of the drugs and cosmetics act : 133c. ayurvedic and unani drugs technical advisory board. 1 the central government shall, by notification in the official gazette and with effect from such date as may be specified therein, constitute a board to be called the 2ayurvedic, siddha and unani drugs technical advisory board to advise the central government and the state governments on technical matters arising out of this chapter and to carry out the other functions assigned to it by this chapter. 2 the board shall consist of the following members, namely: i the director general of health services ex officio ii the drugs controller, india, ex officio 3iii the principal officer dealing with indian systems of medicine in the ministry of health, ex officio iv the director of the central drugs laboratory, calcutta ex officio v one person holding the appointment of government analyst under section 33f, to be nominated by the central government vi one pharmacognocist to be nominated by the central government vii one phytochemist to be nominated by the central government 4viii four persons to be nominated by the central government, two from amongst the members of the ayurvedic pharmacopoeia committee, one from amongst the members of the unani pharmacopoeia committee and one from amongst the members of the siddha pharmacopoeia committee ix one teacher in darvyaguna, and bhaishajya kalpana, to be nominated by the central government x one teacher in ilmuladvia and takliswadawasazi, to be nominated by the central government 5xi one teacher in gunapadam to be nominated by the central government xii three persons, one each to represent the ayurvedic, siddha and unani drug industry, to be nominated by the central government xiii three persons, one each from among the practitioners of ayurvedic, siddha and unani tibb systems of medicine to be nominated by the central government. 3 the central government shall appoint a member of the board as its chairman. 4 the nominated members of the board shall hold office for three years but shall be eligible for renomination. 5 the board may, subject to the previous approval of the central government, make bye laws fixing a quorum and regulating its own procedure and conduct of all business to be tran sacted by it. 6 the functions of the board may be exercised notwithstanding any vacancy therein. 7 the central government shall appoint a person to be secretary of the board and shall provide the board with such clerical and other staff as the central government considers necessary. 1. ins. by act 13 of , s. 26 w.e.f. . 2. subs. by act 68 of , s. 30, for certain words w.e.f. . 3. subs. by s. 30, ibid., for cl. iii w.e.f. . 4. subs. by act 68 of , s. 30, for cl. viii w.e.f. . 5. subs. by s. 30, ibid., for cls. xi and xii w.e.f. .

section 33d. the ayurvedic, siddha and unani drugs consultative committee of the drugs and cosmetics act : 133d. the ayurvedic, siddha and unani drugs consultative committee.1 the central government may constitute an advisory committee to be called the ayurvedic, siddha and unani drugs consultative committee to advise the central government, the state governments and the ayurvedic, siddha and unani drugs technical advisory board on any matter for the purpose of securing uniformity throughout india in the administration of this act in so far as it relates to ayurvedic, siddha or unani drugs. 2 the ayurvedic, siddha and unani drugs consultative committee shall consist of two persons to be nominated by the central government as representatives of that government and not more than one representative of each state to be nominated by the state government concerned. 3 the ayurvedic, siddha and unani drugs consultative committee shall meet when required to do so by the central government and shall regulate its own procedure. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33eea. of the drugs and cosmetics act : 133eea. spurious drugs.for the purposes of this chapter, an ayurvedic, siddha or unani drug shall be deemed to be spurious a if it is sold, or offered or exhibited for sale, under a name which belongs to another drug or b if it is an imitation of, or is substitute for, another drug or resembles another drug in a manner likely to deceive, or bears upon it or upon its label or container the name of another drug, unless it is plainly and conspicuously marked so as to reveal its true chara cter and its lack of identity with such other drug or c if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist or d if it has been substituted wholly or in part by any other drug or substance or e if it purports to be the product of a manufacturer of whom it is not truly a product. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33eeb.regulation of manufacture for sale of ayurvedic, siddha and unani drugs of the drugs and cosmetics act : 133eeb. regulation of manufacture for sale of ayurvedic, siddha and unani drugs.no person shall manufacture for sale or for distribution any ayurvedic, siddha and unani drug except in accordance with such standards, if any, as may be prescribed in relation to that drug. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33eec. of the drugs and cosmetics act : 133eec. prohibition of manufacture and sale of certain ayurvedic, siddha and unani drugs.from such date as the state government may, by notification in the official gazette, specify in this behalf, no person, either by himself or by any other person on his behalf, shall a manufacture for sale or for distribution i any misbranded, adulterated or spurious ayurvedic, siddha or unani drug ii any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true list of all the ingredients contained in it and iii any ayurvedic, siddha or unani drug in contravention of any of the provisions of this chapter or any rule made thereunder b sell, stock or exhibit or offer for sale or distribute any ayurvedic, siddha or unani drug which has been manufactured in contravention of any of the provisions of this act, or any rule made thereunder, c manufacture for sale or for distribution, any ayurvedic, siddha or unani drug except under, and in accordance with the conditions of, a licence issued for such purpose under this chapter by the prescribed authority : provided that nothing in this section shall apply to vaidyas and hakims who manufacture ayurvedic, siddha or unani drug for the use of their own patients : provided further that nothing in this section shall apply to the manufacture, subject to the prescribed conditions, of small quantities of any ayurvedic, siddha or unani drug for the purpose of examination, test or analysis. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33eed., of ayurvedic, siddha or unani drugs in public interest. of the drugs and cosmetics act : 133eed. power of central government to prohibit manufacture, etc., of ayurvedic, siddha or unani drugs in public interest.without prejudice to any other provision contained in this chapter, if the central government is satisfied on the basis of any evidence or other material available before it that the use of any ayurvedic, siddha or unani drug is likely to involve any risk to human being or animals or that any such drug does not have the therapeutic value claimed or purported to be claimed for it and that in the public interest it is necessary or expendient so to do then, that government may, by notification in the official gazette, prohibit the manufacture, sale or distribution of such drug. 1. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. .

section 33f.government analysts of the drugs and cosmetics act : 133f. government analysts.1 the central government or a state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be government analysts for such areas as may be assigned to them by the central government or the state government, as the case may be. 2 notwithstanding anything contained in subsection 1, neither the central government nor a state government shall appoint as a government analysts any official not serving under it without the previous consent of the government under which he is serving. 23 no person who has any financial interest in the manufacture or sale of any drug shall be appointed to be a government analysts under this section. 3. subs. by s. 31, ibid., for sections.33d and 33e w.e.f. . 2. ins. by act 68 of , s. 32 w.e.f. .

section 33g. of the drugs and cosmetics act : 133g. inspectors.1 the central government or a state government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be inspectors for such areas as may be assigned to them by the central government or the state government, as the case may be. 2 the powers which may be exercised by an inspector and the duties which may be performed by him and the conditions, limitations or restrictions subject to which such powers and duties may be exercised or performed shall be such as may be prescribed. 3 no person who has any financial interest in the manufacture or sale of any drug shall be appointed to be an inspector under this section. 4 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of and shall be officially subordinate to such authority as the government appointing him may specify in this behalf. 1. ins. by act 13 of , s. 26 w.e.f. .

section 33h. of the drugs and cosmetics act : 133h. application of provisions of sections 22, 23, 24 and 25.the provisions of sections 22, 23, 24 and 25 and the rules, if any, made thereunder shall, so far as may be, apply in relation to an inspector and a government analyst appointed under this chapter as they apply in relation to an inspector and a government analyst appointed under chapter iv, subject to the modification that the references to drug in the said sections, shall be construed as references to 2ayurvedic, siddha or unani drug. 1. ins. by act 13 of , s. 26 w.e.f. . 2 . subs. by act 68 of , s. 2, for certain words w.e.f.

section 33i., of ayurvedic. siddha or unani drug in contravention of this chapter of the drugs and cosmetics act : 133i. penalty for manufacture, sale, etc., of ayurvedic, siddha or unani drug in contravention of this chapter. whoever himself or by any other person on his behalf 1 manufactures for sale or for distribution, 2a any ayurvedic, siddha or unani drug i deemed to be misbranded under section 33e, ii deemed to be adulterated under section 33ee, or iii without a valid licence or in violation of any of the conditions thereof, as required under section 33 eec, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more b any ayurvedic, siddha or unani drug deemed to be spurious under section 33eea, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than 188 fifty thousand rupees or three times the value of the drugs confiscated, whichever is more: provided that the court may, for any adequate and special reas ons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year and of fine of less than 3fifty thousand rupees or three times the value of the drugs confiscated, whichever is more or 4c any ayurvedic, siddha or unani drug in contravention of the provisions of any notification issued under section 33eed shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees or three times the value of the drugs confiscated, whichever is more. 2 contravenes any other provisions of this chapter or of section 24 as applied by section 33h or any rule made under this chapter, shall be punishable with imprisonment for a term which may extend to 5six months and with fine which shall not be less than ten thousand rupees. 1. subs. by s. 33, ibid., for sections 33i and 33j w.e.f. . 2. subs. by act 26 of , s. 15, for clause a w.e.f. . 3. subs. by s. 15, ibid., for five thousand rupees w.e.f. . 4. ins. by s. 15, ibid. w.e.f. . 5. subs. by s. 15, ibid., for three months and with fine which shall not be less than five hundred rupees w.e.f. .

section 33j.penalty for subsequent offences of the drugs and cosmetics act : 133j. penalty for subsequent offences.whoever having been convicted of an offence, a under clause a of subsection 1 of section 33i is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than 2fifty thousand rupees or three times the value of the drugs confiscated, whichever is more b under clause b of subsection 1 of section 33i is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may be extend to six years and with fine which shall not be less than 3one lakh rupees or three times the value of the drugs confiscated, whichever is more: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years and of fine of less than 3one lakh rupees or three times the value of the drugs confiscated, whichever is more c under subsection 2 of section 33i is again convicted of an offence under that subsection, shall be punishable with imprisonment for a term which may extend to 4one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever, is more. 1. subs. by s. 33, ibid., for sections 33i and 33j w.e.f. . 2. subs, by s. 16, ibid., for two thousand rupees w.e.f. . 3. subs. by act 26 of s. 16, for five thousand rupees w.e.f. . 4. subs. by s. 16, ibid., for six months and with fine which shall not be less than one thousand rupees w.e.f. .

section 33k.confiscation of the drugs and cosmetics act : 133k. confiscation.where any person has been convicted under this chapter, the stock of the 2ayurvedic, siddha or unani drug, in respect of which the contravention has been made, shall be liable to confiscation. 1. subs. by s. 33, ibid., for sections 33i and 33j w.e.f. . 2 subs. by act 68 of , s. 2, for certain words w.e.f. .

section 33ka.disclosure of name of manufacturer, etc of the drugs and cosmetics act : 133ka. disclosure of name of manufacturer, etc. every person, not being the manufacturer of any ayurvedic, siddha or unani drug or his agent for the distribution thereof, shall, if so required, disclose to the inspector the name, address and . other particulars of the person from whom he acquired the ayurvedic, siddha or unani drug. 1 ins. by act 26 of , s. 17 w.e.f. .

section 33kb. of the drugs and cosmetics act : 133kb. maintenance of records and furnishing of information. every person holding a licence under clause c of section 33eec shall keep and maintain such records, registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this act such information as is required by such officer or authority for carrying out the purposes of this act. 1 ins. by act 26 of , s. 17 w.e.f. .

section 33m. of the drugs and cosmetics act : 133m. cognizance of offences.1 no prosecution under this chapter shall be instituted except by an inspector 2with the previous sanction of the authority specified under subsection 4 of section 33g. 2 no court inferior to that 3of a metropolitan magistrate or of a judicial magistrate of the first class shall try an offence punishable under this chapter. 1. ins. by act 13 of , s. 26 w.e.f. . 2. ins. by act 68 of , s. 34 w.e.f. . 3. subs. by s. 34, ibid., for of a presidency magistrate or of a magistrate of the first class w.e.f.

section 33l.application of provisions to government departments of the drugs and cosmetics act : the provisions of this chapter except those contained in section 33k shall apply in relation to the manufacture for sale, sale, or distribution of any 1ayurvedic, siddha or unani drug by any department of government as they apply in relation to the manufacture for sale, sale, or distribution of such drug by any other person. 1. subs. by act 68 of , s. 2, for certain words w.e.f. .

section 33n. of the drugs and cosmetics act : show related subordinates 133n. power of central government to make rules.1 the central government may, 3after consultation with, or on the recommendation of, the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this chapter: provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case, the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rules. 2 without prejudice to the generality of the foregoing power, such rules may a provide for the establishment of laboratories for testing and analysing 2ayurvedic, siddha or unani drugs b prescribe the qualifications and duties of government analysts and the qualifications of inspectors c prescribe the methods of test or analysis to be employed in determining whether any 4ayurvedic, siddha or unani drug is labelled with the true list of the ingredients which it is purported to contain: d specify any substance as a poisonous substance e prescribe the forms of licences for the manufacture for sale of 4ayurvedic, siddha or unani drugs 5and for sale of processed ayurvedic, siddha or unani drugs, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same and the fees payable therefor 5and provide for the cancellation or suspension of such licences in any case where any provision of this chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with 6f prescribe the conditions to be observed in the packing of ayurvedic, siddha and unani drugs including the use of packing material which comes into direct contact with the drugs, regulate the mode of labelling packed drugs and prescribe the matters which shall or shall not be included in such labels g prescribe the conditions subject to which small quantities of 4ayurvedic, siddha or unani drugs may be manufactured for the purpose of examination, test or analysis and 7gg prescribe under clause d of section 33ee the colour or colours which an ayurvedic, siddha or unani drug may bear or contain for purposes of colouring gga prescribe the standards for ayurvedic, siddha or unani drugs under section 33eb 8ggb prescribe the records, registers or the documents to be kept and maintained under section 33kb and h any other matter which is to be or may be prescribed under this chapter. 1. ins. by act 13 of , s. 26 w.e.f. . 2. subs. by act 68 of , s. 2, for certain words w.e.f. . 3. subs. by s. 35, ibid., after consultation with the board w.e.f. . 4. subs. by act 68 of , s. 2, for certain words w.e.f. . 5. ins. by s. 35, ibid. w.e.f. . 6. subs. by s. 35, ibid., for cl. f w.e.f. . 7. ins. by s. 35, ibid. w.e.f . 8. ins. by act 26 of s. 18 w.e.f. .

section 33o.power to amend first schedule of the drugs and cosmetics act : 133o. power to amend first schedule.the central government, after consultation with the board and after giving, by notification in the official gazette, not less than three months notice of its intention so to do, may, by a like notification, add to or otherwise amend the first schedule for the purposes of this chapter and thereupon the said schedule shall be deemed to be amended accordingly. 1. ins. by act 13 of , s. 26 w.e.f. .

section 34aa. of the drugs and cosmetics act : 1 134aa. penalty for vexatious search or seizure.any inspector exercising powers under this act or the rules made thereunder, who, a without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance or b vexatiously and unnecessarily searches any person or c vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object or d commits, as such inspector, any other act, to the injury of any person without having reason to believe that such act is require for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees. 1. subs. by act 11 of , s. 16, for s. 34. 2. ins. by act 68 of , s. 36 w.e.f. .

section 33p. of the drugs and cosmetics act : 12 333p. power to give directions.the central government may give such directions to any state government as may appear to the central government to be necessary for carrying into execution in the state any of the provisions of this act or of any rule or order made thereunder. 1 subs. by act 11 of , s. 16, for s. 34. 2 ins. by act 35 of , s. 11 w.e.f. . 3 s. 33a renumbered as s. 33p by act 13 of , s. 27 w.e.f.

section 34. of the drugs and cosmetics act : 134. offences by companies.1 where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means a body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. subs. by act 11 of , s. 16, for s. 34.

section 34a. of the drugs and cosmetics act : 1 234a. offences by government departments.where an offence under chapter iv or chapter iva has been committed by any department of government, such authority as is specified by the central government to be in charge of manufacture, sale, or distribution of drugs or where no authority is specified, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in chapter iv or chapter iva, as the case may be , if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence. 1. subs. by act 11 of , s. 16, for s. 34. 2. ins. by act 13 of , s. 28 w.e.f. .

section 36. of the drugs and cosmetics act : notwithstanding anything contained in 1 2the code of criminal procedure, 2 of , it shall be lawful for 3any metropolitan magistrate or any judicial magistrate of the first class to pass any sentence authorized by this act in excess of his powers under 1 the said code. 1. the words and figures section 32 of omitted by act 13 of , s. 29 w.e.f. . 2. subs. by act 68 of , s. 38, for the code of criminal procedure, w.e.f. . 3. subs. by s. 38, ibid., for any presidency magistrate or any magistrate of the first class w.e.f. .

section 35. publication of sentences passed under this act of the drugs and cosmetics act : 1 if any person is convicted of an offence under this act, 1the court before which the conviction takes place shall, on application made to it by the inspector cause the offenders name, place of residence, the offence of which he has been convicted and the penalty which has been inflicted upon him, to be published at the expense of such person in such newspapers or in such other manner as the court may direct. 2 the expenses of such publication shall be deemed to form part of the costs relating to the conviction and shall be recoverable in the same manner as those costs are recoverable. 1. subs. by s. 37, ibid., for certain words w.e.f. .

section 36a. of the drugs and cosmetics act : 136a. certain offences to be tried summarily.notwithstanding anything contained in the code of criminal procedure, 2 of , 2all offences except the offences triable by the special court under section 36ab or court of session under this act punishable with imprisonment for a term not exceeding three years, other than an offence under clause b of subsection 1 of section 33i, shall be tried in a summary way by a judicial magistrate of the first class specially empowered in this behalf by the state government or by a metropolitan magistrate and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial : provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by the said code. 1. ins. by s. 39, ibid. w.e.f. . 2. subs. by act 26 of , s. 19, for all offences under this act w.e.f. .

section 36ab. of the drugs and cosmetics act : 136ab. special courts. 1 the central government, or the state government, in consultation with the chief justice of the high court, shall, for trial of offences relating to adulterated drugs or spurious drugs and punishable under clauses a and b of section 13, subsection 3 of section 22, clauses a and c of section 27, section 28, section 28a, section 28b and clause b of subsection 1 of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more courts of session as a special court or special courts for such area or areas or for such case or class or group of cases as may be specified in the notification. explanation. in this subsection, high court means the high court of the state in which a court of session designated as special court was functioning immediately before such designation. 2 while trying an offence under this act, a special court shall also try an offence, other than an offence referred to in subsection 1, with which the accused may, under the code of criminal procedure, 2 of , be charged at the same trial. 1. ins. by s. 20, ibid. w.e.f. .

section 37. of the drugs and cosmetics act : 137. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intend to be done under this act. 1. subs. by act 11 of , s. 16, for s. 34.

section 36ac.offences to be cognizable and nonbailable in certain cases of the drugs and cosmetics act : 136ac. offences to be cognizable and nonbailable in certain cases. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , a every offence, relating to adulterated or spurious drug and punishable under clauses a and c of subsection 1 of section 13, clause a of subsection 2 of section 13, subsection 3 of section 22, clauses a and c of section 27, section 28, section 28a, section 28b and subsections 1 and 2 of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be cognizable. b no person accused, of an offence punishable under clauses a. and c of subsection 1 of section 13, clause a of subsection 2 of section 13, subsection 3 of section 22, clauses a and c of section 27, section 28, section 28a, section 28b and subsections 1 and 2 of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be released on bail or on his own bond unless i the public prosecutor has been given an opportunity to oppose the application for such release and ii where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may be released on bail, if the special court so directs. 2 the limitation on granting of bail specified in clause b of subsection 1 is in addition to the limitations under the code of criminal procedure, 2 of or any other law for the time being in force on granting of bail. 3 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code of criminal procedure, 2 of and the high court may exercise such powers including the power under clause b of subsection 1 of that section as if the reference to magistrate in that section includes also a reference to a special court designated under section 36ab. 1. ins. by s. 20, ibid. w.e.f. .

section 38. of the drugs and cosmetics act : 138. rules to be laid before parliament.every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, 2and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 13 of , s. 30 w.e.f. . 2. subs. by act 68 of , s. 40, for certain words w.e.f. .

section 36ae.appeal and revision of the drugs and cosmetics act : 136ae. appeal and revision.the high court may exercise, so far as may be applicable, all the powers conferred by chapter xxix or chapter xxx of the code of criminal procedure, 2 of , on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court. 1. ins. by s. 20, ibid. w.e.f. .

section 36ad. of the drugs and cosmetics act : 136ad. application of code of criminal procedure, to proceedings before special court. 1 save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of including the provisions as to bails or bonds, shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting the prosecution before the special court, shall be deemed to be a public prosecutor: provided that the central government or the state government may also appoint, for any case or class or group of cases, a special public prosecutor. 2 a person shall not be qualified to be appointed as a public prosecutor or a special public prosecutor under this section unless he has been in practice as an advocate for not less, than seven years, under the union or a state, requiring special knowledge of law. 3 every person appointed as a public prosecutor or a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code of criminal procedure, 2 of and the provisions of that code shall have effect accordingly. 1. ins. by s. 20, ibid. w.e.f. .

section 7. of the indian tolls act : a table of the tolls authorized to be taken at any tollgate or station shall be put up in a conspicuous place near such gate or station legibly written or printed in english words and figures, and also in those of the vernacular language of the district, to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any lawful toll.

section 1.. of the indian tolls act : repeal of acts.rep. by the repealing act, 14 of , s. 1 and the schedule, part ii.

section 6. compensation to person aggrieved. of the indian tolls act : every person, other than the persons appointed to collect the tolls under this act, who shall levy or demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand, or take any other or higher toll than the lawful toll, or under colour of this act seize or sell any property knowing such seizure or sale to be unlawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of this act, shall be liable on conviction before a magistrate to imprisonment for any term not exceeding six calendar months, or to fine not exceeding two hundred rupees, any part of which fine may be awarded by the magistrate to the person aggrieved but this remedy shall not be deemed to bar or affect his right to have redress by suit in the civil court 1. 1. the words of the zillah rep. by act 12 of , s. 1 and the schedule, part. i.

section 1a. of the indian tolls act : 11a. extent.this act extends to the territories administered on the fourth of july, eighteen hundred and fiftyone, by the governor of the presidency of fort william in bengal, the lieutenantgovernor of northwestern provinces of bengal and the governor of the presidency of fort st. george in council. 1. ins. by the a.o. .

section 2. of the indian tolls act : 1the state government may cause such rates of toll, 2 as 3it thinks fit, to be levied upon any road or bridge which has been, or shall hereafter be, made or repaired 4at the expense of the central or any state government and may place the collection of such tolls under the management of such persons as may appear to 5it proper: and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the land revenue. state amendment orissa amendment of section 2.in section 2 of the indian tolls act, 8 of in its application to the state of orissa, for the words at the expense of the central or any state government, the words at the expense of the central or any state government or any corporation, statutory body, company, firm or person authorized by the state government for this purpose shall be substituted. vide the orissa act 7 of , s. 2 1. subs., ibid., for the governor of the presidency of fort william in bengal, the lieutenantgovernor of the northwestern provinces of bengal and the governor of the presidency of fort st. george in council. the words and the governor of the presidency of bombay in council had been rep. by act 8 of , s. 5. the authority of the provincial government in any province of india not specified in s. 1a to which this act and the indian tolls act, 15 of , may be or have been extended, is to be the same as if it had been originally specified in s. 2. see the indian tolls act, 8 of , s. 21. 2. the words not exceeding the rates mentioned in the schedule annexed to this act omitted by act 38 of , s. 2 and the first schedule. 3. subs. by the a.o. , for they respectively think fit. 4. subs., ibid., for at the expense of the govt.. 5. subs., ibid., for them.

section 8. of the indian tolls act : the tolls levied under this act shall be deemed public revenue 1. 1. the words but the net proceeds thereof shall be applied wholly to the construction, repair and maintenance of roads and bridges within the presidency in which they are levied omitted by the a.o. .

section 3. of the indian tolls act : in case of nonpayment of any such toll on demand, the officers appointed to collect the same may seize any of the carriages or animals on which it is chargeable, or any part of their burden of sufficient value to defray the toll and, if any toll remains undischarged for twentyfour hours, with the cost arising from such seizure, the case shall be brought before the officer appointed to superintend the collection of the said toll, who may sell the property seized for discharge of the toll, and all expenses occasioned by such nonpayment, seizure and sale, and cause any balance that may remain to be returned, on demand, to the owner of the property and the said officer, on receipt of the property, shall forthwith issue a notice that, at noon of the next day, exclusive of sunday, or any closed holiday, he will sell the property by auction: release of seized property on tender of dues.provided that, if, at any time before the sale has actually begun, the person whose property, has been seized shall tender the amount of all the expenses incurred, and of double the toll payable by him, the said officer shall forthwith release the property seized.

section 4. of the indian tolls act : no tolls shall be paid for the passage 1 of policeofficers on duty, or of any person or property in their custody, but no other exemption from payment of the toll levied under this act shall be allowed. state amendment orissa. amendment of section 4.in section 4 of the indian tolls act, 8 of , in its application to the state of orissa, after the words shall be paid for the passage of the words the state government vehicles on government duty and shall be inserted. vide the orissa act 13 of , s. 2 1. the words of troops and military stores and equipages on their march or rep. by act 2 of , s. 8 and the schedule.

section 5. of the indian tolls act : all policeofficers shall be bound to assist the tollcollectors, when required, in the execution of this act and, for that purpose, shall have the same power which they have in the exercise of their common policeduties.

section 2. proviso. of the legal representatives suits act : no action commenced under the provisions of this act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.

section 1. of the legal representatives suits act : an action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the time of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death 1 and the damages, when recovered, shall be part of the personal estate of such person and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such persons death 2 and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the english law, be payable in like order of administration as the simple contract debts of such person. state amendment karnataka amendment of central act xii of .section 1 of the legal representatives suits act, central act xii of shall be renumbered as section 1a and before the section 1a as so renumbered, the following section shall be inserted, namely: 1. short title and extent.this act may be called the legal representatives suits act, . 2 it extends to the whole of the state of karnataka. vide karnataka 33 of , s. 4. 1. the words and provided such action shall be brought within one year after the death of such person rep. by act 9 of , s. 2 and the first schedule, see now the indian limitation act, 36 of . 2. the words and so as such action shall be commenced within two years after the committing of the wrong rep. by s. 2 and the first schedule, ibid, see now act 36 of .

section 7. of the reciprocity act : 17. repeal of act 3 of .the immigration into india act, , is hereby repealed. 1. ins. by act 22 of , s. 7.

section 1. of the reciprocity act : 1 this act may be called the reciprocity act, . 2 it extends to the whole of india 1. 23 it shall come into force on the 1st day of september, . 1. the words except part b states omitted by s. 3 and the sch., ibid. 2. subs. by act 22 of , s. 2, for the original subsection 3.

section 6. of the reciprocity act : 26. power to make rules. 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, rules made under this section may provide a for the setting up of machinery to ascertain the disabilities in respect of any of the matters specified in section 3 to which persons of indian origin are subject in any british possession b for the establishment of a suitable agency to administer the rules and for defining its functions and powers c for specifying the disabilities that shall, when a direction has been made under section 3, be imposed in 1india on persons not being of indian origin who are domiciled in any british possession and for the imposition on them of the disabilities so specified d for the enforcement, by the prescription of a penalty by way of imprisonment or fine or both, or any rule made under clause c e for authorizing the arrest of any person contravening or reasonably suspected of contravening any rule made under clause c, and for prescribing the duties of public servants and others in regard to such arrests. 33 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 3 of , s. 3 and the sch. for the states. 2. subs. by s. 6, ibid., for the original s. 6. 3. ins. by act 4 of , s. 2 the sch. w.e.f. .

section 2. of the reciprocity act : in this act, unless there is anything repugnant in the subject or context 1a british possession means any part of his majestys dominions 2 and includes a protectorate or other territory administered by a british possession as a mandatory on behalf of the league of nations and where parts of those dominions are under both a central and a local legislature, the expression shall mean either each part under a local legislature or all parts under the central legislature b entry includes landing at any port in 3india during the stay in 3india of a ship or aircraft on its way to a destination outside 3india : 4 1. subs. by s. 3, ibid., for the original cl. a. 2. the words exclusive of india omitted by the a.o. . 3. subs. by act 3 of , s. 3 and the sch., for the states. 4. cl. c ins. by the a.o. , omitted by s. 3 and the sch. ibid.

section 5. of the reciprocity act : 25. direction imposing disabilities in respect of entry, travel and residence not to apply to armed forces.any direction made by the central government under section 3 imposing disabilities in respect of entry into or travel or residence in 1india upon persons domiciled in a british possession shall not, until the expiry of six months after the termination of the present hostilities, apply to any person domiciled in that british possession who is a member of its armed forces. 1. subs. by act 3 of , s. 3 and the sch. for the states. 2. subs. by act 22 of , s. 5, for the original s. 5.

section 3. of the reciprocity act : 13. power of central government to impose reciprocal disabilities on persons domiciled in british possessions.where by the law or practice of any british possession persons of indian origin are subject in that british possession to disabilities in respect of entry into, or travel, residence, the acquisition, holding or disposal of property, the enjoyment of educational facilities, the holding of public office, the carrying on of any occupation, trade, business or profession, or the exercise of the franchise in, that british possession, to which in respect of the like matters in 2india persons domiciled in that british british possession are not subject in 2india, the central government may, by notification in the official gazette, direct that the same disabilities or disabilities as similar thereto as may be shall, notwithstanding anything contained in any other law for the time being in force, be imposed in 2india on persons not being of indian origin who are domiciled in that british possession. 1. subs. by act 22 of , s. 4, for the original s. 3. 2. subs. by act 3 of , s. 3 and the sch. for the states.

section 4. of the reciprocity act : if any person alleged to be domiciled in any british possession and to be subject to the provisions of this act pleads that he is not so domiciled, or that the provisions of this act do not apply to him, the onus of proving the truth of such a plea shall be on him.

section 3. of the orissa weights and measures delhi repeal act : on the date on which the rajasthan act or any provision contained therein comes into force by virtue of a notification issued under subsection 3 of section 1 of that act in the union territory of delhi or any part thereof in respect of any class of undertakings or any class of goods, the orissa act or any provision contained therein, which is applicable to those undertakings or goods in the said territory or part thereof, as the case may be, shall stand repealed: provided that the repeal shall not affect a the previous operation of the act so repealed or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed or c any penalty, forfeiture or punishment incurred in respect of any offence committed against the act so repealed or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if that act had not been repealed.

section 1. of the orissa weights and measures delhi repeal act : this act may be called the orissa weights and measures delhi repeal act, .

section 2. of the orissa weights and measures delhi repeal act : in this act, a orissa act means the orissa weights and measures act, orissa act 7 of , as extended to delhi by notification under section 7 of the delhi laws act, 13 of b rajasthan act means the rajasthan weights and measures enforcement act, rajasthan act 32 of , as extended to the union territory of delhi by notification under section 2 of the union territories laws act, 30 of .

section 8. of the northern india canal and drainage act : no compensation shall be awarded for any damage caused by a stoppage or diminution of percolation or floods b deterioration of climate or soil c stoppage of navigation, or of the means of drifting timber or watering cattle d displacement of labour. matters in respect of which compensation may be awarded.but compensation may be awarded in respect of any of the following matters: e stoppage or diminution of supply of water through any natural channel to any defined artificial channel, whether above or underground, in use at the date of the said notification f stoppage or diminution of supply of water to any work erected for purposes of profit on any channel, whether natural or artificial, in use at the date of the said notification g stoppage or diminution of supply of water through any natural channel which has been used for purposes of irrigation within the five years next before the date of the said notification h damage done in respect of any right to a watercourse or the use of any water to which any person is entitled under the 1indian limitation act, 15 of , part iv i any other substantial damage, not falling under any of the above clauses a, b, c or d, and caused by the exercise of the powers conferred by this act, which is capable of being ascertained and estimated at the time of awarding such compensation. in determining the amount of such compensation, regard shall be had to the diminution in the marketvalue, at the time of awarding compensation of the property in respect of which compensation is claimed and, where such marketvalue is not ascertainable, the amount shall be reckoned at twelve times the amount of the diminution of the annual net profits of such property caused by the exercise of the powers conferred by this act. no right to any such supply of water as is referred to in clauses e, f or g of this section, in respect of a work or channel not in use at the date of the notification, shall be acquired as against the state government, except by grant or under the 1indian limitation act, 15 of , part iv and no right to any of the advantages referred to in clauses a, b and c of this section shall be acquired, as against the state government, under the same part. 1. see now the indian limitation act, 36 of .

section 1. of the northern india canal and drainage act : this act may be called the northern india canal and drainage act, . local extent.it extends to 1uttar pradesh and the 2territories which, immediately before the 1st november, , were comprised in the states of punjab and delhi and applies to all lands whether permanently settled, temporarily settled, or free from revenue. 3 1. subs. by the a.o., for the original words as amended by the a.o.. the act originally extended to the territories which are now the u.p., the punjab, and the c.p. it has been rep. in the c.p. by the c.p. irrigation act, c.p. 3 of . it has been declared not to apply to any canal which is included for the time being under sch. i or sch. ii to the punjab minor canals act, pun. 3 of , see s. 2 3 of that act. the act has been amended and in punjab by pun. acts 19 of , 22 of and 18 of in u.p. by u.p. acts 30 of and 16 of and in haryana by haryana acts 4 of and 29 of . 2. subs. by the adaptation of laws no. 2 order, , for states of punjab and delhi. 3. the commencement paragraph rep. by act 16 of , s. 1 and schedule.

section 2.. of the northern india canal and drainage act : repeal of acts. rep. by the repealing act, 12 of , s. 1 and schedule.

section 3. of the northern india canal and drainage act : in this act, unless there be something repugnant in the subject or context: 1 canal.canal includes a all canals, channels and reservoirs constructed, maintained or controlled by the state government for the supply or storage of water b all works, embankments, structures, supply and escape channels connected with such canals, channels or reservoirs c all watercourses as defined in the second clause of this section d any part of a river, stream, lake or natural collection of water, or natural drainagechannel, to which the state government has applied the provisions of part ii of this act 2 water course.water course means any channel which is supplied with water from a canal, but which is not maintained at the cost of the state government, and all subsidiary works belonging to any such channel 3 drainagework.drainagework includes escapechannels from a canal, dams, weirs, embankments, sluices, groins and other works for the protection of lands from flood or from erosion, formed or maintained by the state government under the provisions of part vii of this act, but does not include works for the removal of sewage from towns 14 vessel.vessel includes boats, rafts, timber and other floating bodies 5 commissioner.commissioner means a commissioner of a division, and includes any officer appointed under this act to exercise all or any of the powers of a commissioner 26 collector.collector means the head revenueofficer of a district, and includes a deputy commissioner or other officer appointed under this act to exercise all or any of the powers of a collector 7 canalofficer.canalofficer means an officer appointed under this act to exercise control or jurisdiction over a canal or any part thereof superintending canalofficer.superintending canalofficer means an officer exercising general control over a canal or portion of a canal divisional canalofficer.divisional canalofficer means an officer exercising control over a division of a canal subdivisional canalofficer.subdivisional canalofficer means an officer exercising control over a subdivision of a canal 8 district.district means a district as fixed for revenue purposes. state amendment uttar pradesh amendment of section 3 of act no. viii of . in clause 8 of section 3 of the northern india canal and drainage act, hereinafter called the principal act for the full stop a semicolon shall be substituted and thereafter the following shall be added as new clauses 9 and 10 9 irrigable command area means such area of culturable land or grove land which, for purposes of irrigation, can be commanded through a single outlet in a canal or by a single tubewell and the limits of which are fixed in this behalf by the divisional canal officer and 10 prescribed means prescribed by rules made under this act. vide uttar pradesh act v of , s. 2 1. cf. definition in the general clauses act, 10 of , s. 3. 2. cf. definition in the general clauses act, 10 of , s. 3 11.

section 7. of the northern india canal and drainage act : as soon as is practicable after the issue of such notification, the collector shall cause public notice to be given at convenient places, stating that the state government intends to apply or use the said water as aforesaid, and that claims for compensation in respect of the matters mentioned in section 8 may be made before him.

section 9. of the northern india canal and drainage act : no claim for compensation for any such stoppage, diminution or damage shall be made after the expiration of one year from such stoppage, diminution or damage, unless the collector is satisfied that the claimant had sufficient cause for not making the claim within such period

section 4. of the northern india canal and drainage act : the state government may from time to time declare, by notification in the official gazette, the officers by whom, and the local limits within which, all or any of the powers or duties hereinafter conferred or imposed shall be exercised or performed. all officers mentioned in section 3, clause 7, shall be respectively subject to the orders of such officers as the state government from time to time directs. state amendment uttar pradesh amendment of section 4 of act no. xvii of .in the first proviso to section 4 of the northern india ferries act, , as amend in its application to uttar pradesh, between the words two states and the words the powers, the words to which this act applies shall be inserted. vide uttar pradesh act iv of , s. 2

section 10. of the northern india canal and drainage act : the collector shall proceed to enquire into any such claim, and to determine the amount of compensation, if any, which should be given to the claimant and sections 9 to 12 inclusive, 14 and 15, 18 to 23 inclusive, 26 to 40 inclusive, 51, 57, 58 and 59 of the 1land acquisition act, 10 of , shall apply to such inquiries: provided that, instead of the last clause of the said section 26, the following shall be read: the provisions of this section and of section 8 of the northern india canal and drainage act, 8 of , shall be read to every assessor in a language which he understands, before he gives his opinion as to the amount of compensation to be awarded. 1. see now the land acquisition act, 1 of .

section 11. of the northern india canal and drainage act : every tenant holding under an unexpired lease, or having a right of occupancy, who is in occupation of any land at the time when any stoppage or diminution of watersupply, in respect of which compensation is allowed under section 8, takes place, may claim an abatement of the r ent previously payable by him for the said land, on the ground that the interruption reduces the value of the holding. state amendment uttar pradesh amendment of section 11 of act xvii of . in section 11 of the northern india ferries act, , for the words one months thin the word three months shall be substituted. vide uttar pradesh act xxix of , s. 2

section 5. of the northern india canal and drainage act : whenever it appears expedient to the state government that the water of any river or stream flowing in a natural channel, or of any lake or other natural collection of still water, should be applied or used by the state government for the purpose of any existing or projected canal or drainagework, the state government may, by notification in the official gazette, declare that the said water will be so applied or used after a day to be named in the said notification, not being earlier than three months from the date thereof.

section 13. of the northern india canal and drainage act : all sums of money payable for compensation under this part shall become due three months after the claim for such compensation is made in respect of the stoppage, diminution or damage complained of, interest.and simple interest at the rate of six per cent. per annum shall be allowed on any such sum remaining unpaid after the said three months, except where the nonpayment of such sum is caused by the wilful neglect or refusal of the claimant to receive the same.

section 14. of the northern india canal and drainage act : any canalofficer, or other person acting under the general or special order of a canalofficer, may enter upon any lands adjacent to any canal, or through which any canal is proposed to be made, and undertake surveys or levels thereon and dig and bore into the subsoil and make and set upsuitable landmarks, levelmarks and watergauges and do all other acts necessary for the proper prosecution of any enquiry relating to any existing or projected canal under the charge of the said canalofficer power to clear land. and, where otherwise such enquiry cannot be completed, such officer or other person may cut down and clear away any part of any standing crop, fence or jungle power to inspect and regulate watersupply.and may also enter upon any land, building or watercourse on account of which any waterrate is chargeable, for the purpose of inspecting or regulating the use of the water supplied, or of measuring the lands irrigated thereby or chargeable with a waterrate, and of doing all things necessary for the proper regulation and management of such canal: notice of intended entry into houses.provided that, if such canalofficer or person proposes to enter into any building or enclosed court or garden attached to a dwellinghouse not supplied with water flowing from any canal, he shall previously give the occupier of such building, court or garden at least seven days notice in writing of his intention to do so. compensation for damage caused by entry.in every case of entry under this section, the canalofficer shall, at the time of such entry, tender compensation for any damage which may be occasioned by any proceeding under this section and, in case of dispute as to the sufficiency of the amount so tendered, he shall forthwith refer the same for decision by the collector, and such decision shall be final.

section 6. of the northern india canal and drainage act : at any time after the day so named, any canalofficer, acting under the orders of the state government in this behalf, may enter on any land and remove any obstructions, and may close any channels, and do any other thing necessary for such application or use of the said water.

section 16. of the northern india canal and drainage act : any persons desiring to use the water of any canal may apply in writing to the divisional or subdivisional canalofficer of the division or subdivision of the canal from which the water course is to be supplied, requesting such officer to construct or improve a watercourse at the cost of the applicants. contents of application.the application shall state the works to be undertaken, their approximate estimated cost, or the amount which the applicants are willing to pay for the same, or whether they engage to pay the actual cost as settled by the divisional canalofficer, and how the payment is to be made. liability of applicants for cost of works.when the assent of the superintending canalofficer is given to such application, all the applicants shall, after the application has been duly attested before the collector, be jointly and severally liable for the cost of such works to the extent mentioned therein. recovery of amount due.any amount becoming due under the terms of such application, and not paid to the divisional canalofficer, or the person authorised by him to receive the same, on or before the date on which it becomes due, shall, on the demand of such officer, be recoverable by the collector as if it were an arrear of landrevenue.

section 18. of the northern india canal and drainage act : the divisional canalofficer may issue an order to the persons using any watercourse to construct suitable bridges, culverts or other works for the passage of the water of such watercourse across any public road, canal or drainagechannel in use before the said watercourse was made, or to repair any such works. such order shall specify a reasonable period within which such construction or repairs shall be completed if they fail, canalofficer may construct, and if, after the receipt of such order, the persons to whom it is addressed do not, within the said period, construct or repair such works to the satisfaction of the said canalofficer, he may, with the previous approval of the superintending canalofficer, himself construct or repair the same and recover cost, and if the said persons do not, when so required, pay the cost of such construction or repairs as declared by the divisional canalofficer, the amount shall, on the demand of the divisional canalofficer, be recoverable from them by the collector as if it were an arrear of landrevenue.

section 12. of the northern india canal and drainage act : if a watersupply increasing the value of such holding is afterwards restored to the said land, the rent of the tenant may be enhanced in respect of the increased value of such land due to the restored watersupply, to an amount not exceeding that at which it stood immediately before the abatement. such enhancement shall be on account only of the restored watersupply, and shall not affect the liability of the tenant to enhancement of rent on any other grounds.

section 19. of the northern india canal and drainage act : if any person, jointly responsible with others for the construction or maintenance of a watercourse, or jointly making use of a watercourse with others, neglects or refuses to pay his share of the cost of such construction or maintenance, or to execute his share of any work necessary for such construction or maintenance, the divisional or subdivisional canalofficer, on receiving an application in writing from any person injured by such neglect or refusal, shall serve notice on all the parties concerned that, on the expiration of a fortnight from the service, he will investigate the case and shall, on the expiration of that period, investigate the case accordingly, and make such order thereon as to him seems fit. such order shall be appealable to the commissioner, whose order thereon shall be final. recovery of amount found due.any sum directed by such order to be paid within a specified period may, if not paid within such period, and if the order remains in force, be recovered by the collector, from the person directed to pay the same, as if it were an arrear of landrevenue.

section 21. of the northern india canal and drainage act : any person desiring the construction of new watercourse may apply in writing to the divisional canalofficer, stating 1 that he has endeavoured unsuccessfully to acquire, from the owners of the land through which he desires such watercourse to pass, a right to occupy so much of the land as will be needed for such watercourse 2 that he desires the said canalofficer, in his behalf and at his cost, to do all things necessary for acquiring such right 3 that he is able to defray all costs involved in acquiring such right and constructing such watercourse.

section 22. of the northern india canal and drainage act : if the divisional canalofficer considers 1 that the construction of such watercourse is expedient, and 2 that the statements in the application are true, he shall call upon the applicant to make such deposit as the divisional canalofficer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation which he considers likely to become due under section 28 and, upon such deposit being made, he shall cause enquiry to be made into the most suitable alignment for the said watercourse, and shall mark out the land which, in his opinion, it will be, necessary to occupy for the construction thereof, and shall forthwith publish a notice in every village through which the watercourse is proposed to be taken, that so much of such land as belongs to such village has been so marked out, and shall send a copy of such notice to the collector of every district in which any part of such land is situate.

section 15. of the northern india canal and drainage act : in case of any accident happening or being apprehended to a canal any divisional canalofficer or any person acting under his general or special orders in this behalf may enter upon any lands adjacent to such canal, and may execute all works which may be necessary for the purpose of repairing or preventing such accident. compensation for damage to land.in every such case such canalofficer or person shall tender compensation to the proprietors or occupiers of the said lands for all damage done to the same. if such tender is not accepted, the canalofficer shall refer the matter to the collector, who shall proceed to award compensation for the damage as though the state government had directed the occupation of the lands under section 43 of the 1land acquisition act, 10 of . 1. see now the land acquisition act, 1 of .

section 23. of the northern india canal and drainage act : any person desiring that an existing watercourse should be transferred from its present owner to himself may apply in writing to the divisional canalofficer, stating 1 that he has endeavoured unsuccessfully to procure such transfer from the owner of such watercourse 2 that he desires the said canalofficer, in his behalf and at his cost, to do all things necessary for procuring such transfer 3 that he is able to defray the cost of such transfer. procedure thereupon.if the divisional canalofficer considers a that the said transfer is necessary for the better management of the irrigation from such watercourse, and b that the statements in the application are true, he shall call upon the applicant to make such deposit as the divisional canalofficer considers necessary to defray the cost of the preliminary proceedings, and the amount of any compensation that may become due under the provisions of section 28 in respect of such transfer and upon such deposit being made, he shall publish a notice of the application in every village, and shall send a copy of the notice to the collector of every district, through which such watercourse passes.

section 17. of the northern india canal and drainage act : there shall be provided, at the cost of the state government, suitable means of crossing canals constructed or maintained at the cost of the state government, at such places as the state government thinks necessary for the reasonable convenience of the inhabitants of the adjacent lands. on receiving a statement in writing, signed by not less than five of the owners of such lands, to the effect that suitable crossings have not been provided on any canal, the collector shall cause enquiry to be made into the circumstances of the case and if he thinks that the statement is established, he shall report his opinion thereon for the consideration of the state government, and the state government shall cause such measures in reference thereto to be taken as it thinks proper.

section 25. of the northern india canal and drainage act : if no such objection is made, or where such objection is made if the collector overrules it, he shall give notice to the divisional canalofficer to that effect, and shall proceed forthwith to place the said applicant in occupation of the land marked out or of the watercourse to be transferred, as the case may be.

section 20. of the northern india canal and drainage act : whenever application is made to a divisional canalofficer for a supply of water from a canal, and it appears to him expedient that such supply should be given and that it should be conveyed through some existing watercourse, he shall give notice to the persons responsible for the maintenance of such watercourse to show cause, on a day not less than fourteen days from the date of such notice, why the said supply should not be so conveyed and, after making enquiry on such day, the divisional canalofficer shall determine whether and on what conditions the said supply shall be conveyed through such watercourse. when such officer determines that a supply of canalwater may be conveyed through any watercourse as aforesaid, his decision shall, when confirmed or modified by the superintending canalofficer, be binding on the applicant and also on the persons responsible for the maintenance of the said watercourse. such applicant shall not be entitled to use such watercourse until he has paid the expense of any alteration of such watercourse necessary in order to his being supplied through it, and also such share of the first cost of such watercourse as the divisional or superintending canalofficer may determine. such applicant shall also be liable for his share of the cost of maintenance of such watercourse so long as he uses it.

section 24. of the northern india canal and drainage act : within thirty days from the publication of a notice under section 22 or section 23, as the case may be, any person interested in the land or watercourse to which the notice refers may apply to the collector by petition stating his objection to the construction or transfer for which application has been made. the collector may either reject the petition or may proceed to inquire into the validity of the objection, giving previous notice to the divisional canalofficer of the place and time at which such inquiry will be held. the collector shall record in writing all orders passed by him under this section and the grounds thereof.

section 32. of the northern india canal and drainage act : such contracts and rules must be consistent, with the following conditions: a power to stop watersupply.the divisional canalofficer may not stop the supply of water to any watercourse, or to any person, except in the following cases: 1 whenever and so long as it is necessary to stop such supply for the purpose of executing any work ordered by competent authority and with the previous sanction of the state government 2 whenever and so long as any watercourse is not maintained in such proper customary repair as to prevent the wasteful escape of water therefrom 3 within periods fixed from time to time by the divisional canalofficer b claims to compensation in case of failure or stoppage of supply. no claim shall be made against the state government for compensation in respect of loss caused by the failure or stoppage of the water in a canal, by reason of any cause beyond the control of the state government or of any repairs, alterations or additions to the canal, or of any measures taken for regulating the proper flow of water therein, or for maintaining the established course of irrigation which the divisional canalofficer considers necessary but the person suffering such loss may claim such remission of the ordinary charges payable for the use of the water as is authorised by the state government : c claims on account of interruption from other causes.if the supply of water to any land irrigated from a canal be interrupted otherwise than in the manner described in the last preceding clause, the occupier or owner of such land may present a petition for compensation to the collector for any loss arising from such interruption, and the collector may award to the petitioner reasonable compensation for such loss: d duration of supply.when the water of a canal is supplied for the irrigation of a, single crop, the permission to use such water shall be held to continue only until that crop comes to maturity, and to apply only to that crop but, if it be supplied for irrigating two or more crops to be raised on the same land within the year, such permission shall be held to continue for one year from the commencement of the irrigation, and to apply to such crops only as are matured within that year : e sale or subletting of right to use canalwater.unless with the permission of the superintending canalofficer, no person entitled to use the water of any canal, or any work, building or land appertaining to any canal, shall sell or sublet or otherwise transfer his right to such use: provided that the former part of this clause shall not apply to the use by a cultivating tenant of water supplied by the owner of a watercourse for the irrigation of the land held by such tenant : transfer, with land, of contracts for water.but all contracts made between the state government and the owner or occupier of any immovable property, as to the supply of canalwater to such property, shall be transferable therewith, and shall be presumed to have been so transferred whenever a transfer of such property takes place : f no right acquired by user.no right to the use of the water of a canal shall be, or be deemed to have been, acquired under the 1 indian limitation act, 15 of , part iv, nor shall the state government be bound to supply any person with water except in accordance with the terms of a contract in writing. 1. see now the indian limitation act, 36 of .

section 26. of the northern india canal and drainage act : if the collector considers any objection made as aforesaid to be valid he shall inform the divisional canalofficer accordingly and, if such officer sees fit, he may, in the case of an application under section 21, alter the boundaries of the land so marked out, and may give fresh notice under section 22 and the procedure herein before provided shall be applicable to such notice, and the collector shall thereupon proceed as before provided.

section 33. of the northern india canal and drainage act : if water supplied through a watercourse be used in an unauthorised manner, and if the person by whose act or neglect such use has occurred cannot be identified, the person on whose land such water has flowed if such land has derived benefit therefrom, or if such person cannot be identified or if such land has not derived benefit therefrom, all the persons chargeable in respect of the water supplied through such watercourse, shall be liable, or jointly liable, as the case may be, to the charges made for such use.

section 28. of the northern india canal and drainage act : no such applicant shall be placed in occupation of such land or watercourse until he has paid to the person named by the collector such amount as the collector determines to be due as compensation for the land or watercourse so occupied or transferred, and for any damage caused by the marking out or occupation of such land, together with all expenses incidental to such occupation or transfer. procedure in fixing compensation.in determining the compensation to be made under this section the collector shall proceed under the provisions of the land acquisition act, 10 of but he may, if the person to be compensated so desires, award such compensation in the form of a rentcharge payable in respect of the land or watercourse occupied or transferred. recovery of compensation and expenses.if such compensation and expenses are not paid when demanded by the person entitled to receive the same, the amount may be recovered by the collector as if it were any arrear of landrevenue, and shall, when recovered, be paid by him to the person entitled to receive the same. 1. see now the land acquisition act, 1 of .

section 27. of the northern india canal and drainage act : if the canalofficer disagrees with the collector, the matter shall be referred for decision to the commissioner. such decision shall be final, and the collector, if he is so directed by such decision, shall, subject to the provisions of section 28, cause the said applicant to be placed in occupation of the land so marked out or of the watercourse to be transferred, as the case may be.

section 29. of the northern india canal and drainage act : when any such applicant is placed in occupation of land or of a watercourse as aforesaid, the following rules and conditions shall be binding on him and his representative in interest : first.all works necessary for the passage across such watercourse, of watercourses existing previous to its construction and of the drainage intercepted by it, and for affording proper communications across it for the convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the divisional canalofficer. second.land occupied for a watercourse under the provisions of section 22 stall be used only for the purpose of such watercourse. third.the proposed watercourse shall be completed to the satisfaction of the divisional canalofficer within one year after the applicant is placed in occupation of the land. in cases in which land is occupied or a watercourse is transferred on the terms of a rentcharge. fourth.the applicant or his representative in interest shall, so long as he occupies such land or watercourse, pay rent for the same at such rate and on such days as are determined by the collector when the applicant is placed in occupation. fifth.if the right to occupy the land cease owing to a breach of any of these rules, the liability to pay the said rent shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such persons as the collector determines. sixth.the collector may, on the application of the person entitled to receive such rent or compensation, determine the amount of rent due or assess the amount of such compensation and, if any such rent or compensation be not paid by the applicant or his representative in interest, the collector may recover the amount, with interest thereon at the rate of six per cent. per annum from the date on which it became due, as if it were an arrear of landrevenue, and shall pay the same, when recovered, to the person to whom it is due. if any of the rules and conditions prescribed by this section are not complied with, or if any watercourse constructed or transferred under this act is disused for three years continuously, the right of the applicant, or of his representative in interest, to occupy such land or watercourse shall cease absolutely.

section 30. of the northern india canal and drainage act : the procedure hereinbefore provided for the occupation of land for the construction of a watercourse shall be applicable to the occupation of land for any extension or alteration of a watercourse, and for the deposit of soil from watercourse clearances. state amendment uttar pradesh addition of new section 30a to 30g in act no. viii of .after section 30 of the principal act, the following shall be added as new sections 30a to 0g : 30a. preparation of the scheme for an irrigable command area.the divisional canal officer may, with a view to providing for or improving irrigation facilities in an irrigable command area, prepare a scheme for the construction of watercourses and the carrying out of any work connected therewith in such area, anything to the contrary contained in any other law notwithstanding. the scheme shall contain i a plan showing the site of the outlet, the existing watercourses, if any, the proposed watercourses and works connected therewith, and the areas already served and to be served by the existing or proposed watercourses ii a statement showing the estimated cost of constructing the proposed watercourses and works connected therewith iii a memorandum showing the manner in which the scheme may be implemented and iv such other particulars as may be prescribed. 30b. calling upon the gaon sabhas to implement the scheme.1 the divisional canal officer shall, as soon as may be, forward a copy of the scheme prepared under section 30a to each of the gaon sabhas and block development officers within whose jurisdiction the land affected thereby is situate, and call upon the gaon sabhas to submit to him within a period of thirty days from the date of receipt of the copy, their approval or the scheme, or any objections, suggestions or modifications thereto. 2 the copy of the scheme shall, within three days of its receipt by the gaon sabha, be affixed by it on its notice board, and shall, within twelve days thereafter, be considered in a meeting of the gaon panchayat convened for the purpose and the decision of the gaon panchayat shall be deemed tobe for and on behalf of the gaon sabha concerned. the decision shall be communicated to the divisional canal officer within the time allowed under subsection 1. 3 if no objections, modifications or suggestions are submitted by any of the gaon sabhas within the time specified in subsection 1, the gaon sabhas shall be deemed to have approved the scheme, which shall thereupon become final. 4 upon receipt of the objections, modifications or suggestions, made by the gaon sabhas under subsection 2, the divisional canal officer may either confirm the scheme or amend or modify it and thereupon the scheme so confirmed, amended or modified, shall become final. 5 when the scheme has become final, the divisional canal officer shall, by notice in writing, call upon the gaon sabhas concerned to take all such steps as may be necessary for the implementation of the scheme, and in particular to construct or cause to be constructed, the watercourses and carry out, or cause to be carried out, all works connected therewith, within the period fixed therefor in the notice, which may be extended from time to time. 30c. securing or acquiring land for the scheme.1 upon receipt of the notice mentioned in subsection 5 of section 30b, the gaon sabha shall give to all persons on whose land any watercourse is proposed to be constructed, or on which any work connected therewith is proposed to be carried out, option to transfer by way of gift or surrender, as the case may be, free from all encumbrances, within the period provided therefor in the notice, so much of the said land in its favour as may be necessary for the implementation of the scheme. 2 where any land required for the implementation of the scheme is not transferred to, or surrendered in favour of the gaon sabha under subsection 1, it may i either purchase the land at such rates as may be prescribed or ii move the state government to acquire the same under the land acquisition act, act no. 1 of or iii if the land for construction of watercourses is likely to be required for a limited period only, apply to the requisitioning authority under section 6 of u. p. rural development requisitioning of land act, u.p. act no xxvii of to requisition the land provided that if it appears after the construction of watercourses on the land so requisitioned that the alignment of the watercourses as constructed will be retained unchanged for long the gaon sabha shall, as early as possible, move the state government to acquire the land on a permanent basis. 3 where, on the application of the gaon sabha under subsection 2, any land has been acquired in accordance with the provisions of the land acquisition act, act no. 1 of , the state government shall, subject to such terms and conditions as may be imposed by it in this behalf, transfer to, or vest in, the gaon sabha, the land so acquired for the implementation of the scheme. 4 the land transferred to, or vested in, the gaon sabha under subsection 3, or of which the management has been vested in the gaon sabha under section 11 of the u. p. rural development requisitioning of land act, u.p. act no. xxvii of , shall be utilized by the gaon sabha for the implementation of the scheme, and it shall construct or cause to be constructed, in the manner hereinafter provided, the watercourses, and carry out or cause to be carried out, all works connected therewith as may be necessary for the implementation of the scheme. 5 in implementing the scheme the gaon sabha shall, in the first instance, give option, by notice in writing, published the manner prescribed, to all persons having a holding in the irrigable command area, to construct, within such time as may be fixed therefor in the notice, the water courses, and carry out all such work connected therewith, as may be necessary for the implementation of the scheme. 6 where the persons concerned fail to construct the whole or any part of any watercourse, or to carry out any work connected therewith, in accordance with the scheme, the gaon sabha shall construct, or carry out, or cause to be constructed, or carried out, the same in the manner provided under section 17 of the uttar pradesh panchayat raj act, , for the execution of small irrigation projects. 30d. inspection of work by the divisional canal officer.1 on the expiry of the period or extended period, as the case may be, specified in the notice under subsection 5 of section 30b, the divisional canal officer shall inspect, or cause to be inspected, the water courses and all works connected therewith, constructed or carried out, by the gaon sabha, either directly or through the tenureholders of the irrigable command area, and if the same are in accordance with scheme and otherwise properly constructed, or carried out, approve the same. 2 where the watercourses or all works connected therewith, have not been properly constructed or carried out in accordance with the scheme, the divisional canal officer, shall, by order in writing, require the gaon sabha concerned to remove and remedy, or cause to be removed and remedied, all the defects within the period specified in the order. 3 on the expiry of the period allowed in the order under subsection 2, the divisional canal officer shall again inspect, or cause to be inspected, the watercourses, and all works connected therewith, and shall either approve or disapprove the same. 30e.implementation of the scheme by the state government.where the gaon sabha fails i to take all or any of the steps required to be taken by it in accordance with the provisions of section 30c or ii to construct, or cause to be constructed, the whole of the watercourses, or to carry out all works connected therewith, in accordance with the scheme, within the period or the extended period provided therefor in the notice under subsection 5 of section 30b or iii to remove the defects in the watercourses or in any work connected therewith as required to be done under subsection 2 of section 30d, or to obtain final approval of the divisional canal officer in respect of them under subsection 3 of the said section the state government shall take all such steps, including acquisition of the land, as may be necessary for the implementation of the scheme, and cause to be constructed and carried out the watercourses and all works connected therewith in accordance with the scheme. 30f.vesting of watercourses etc. in the gaon sabha.with effect from the date a notification in this behalf is published in the gazette by the state government, and subject to such terms and conditions as may be prescribed, all the watercourses and all works carried out by the state government in connection with the implementation of the scheme, shall vest in the gaon sabha within whose jurisdiction the same lie. 30g. maintenance of the watercourses, etc.the gaon sabha shall at all times maintain and keep in good repairs all the watercourses, and all the works connected therewith, constructed or carried out by it, or vested in it under section 30f. vide uttar pradesh act v of , s. 3 uttar pradesh insertion of new section 30ee is act no. 8 of ./ after section 30e of the northern india canal and rainage act, , amended in its application to uttar pradesh, the following section shall be inserted, namely : 30ee. special provisions in respect of major irrigation projects.1 in any area covered by the command of the gandak, the sharda sahayak or the ram ganga irrigation project or any other major project specified in this behalf by the state government by notification in the gazette, the divisional canal officer of the irrigation division may prepare a scheme containing the particulars referred to in section 30a, and hereupon he may take all such steps as may be necessary for the implementation of the scheme, and cause to be constructed and carried out watercourses and all works connected therewith in accordance with the scheme, and nothing in sections 30b, 30c, 30d and 30e, shall apply in relation to such scheme. 2 without prejudice to the generality of the provisions of subsection 1, the divisional canal officer may a apply to the requisitioning authority under the u. p. rural development requisitioning of land act, , to requisition any land required for implementation of the scheme or b move the state government to acquire under the land acquisition act, , any land required for implementation of the scheme or c take action both under clauses a and b, namely, to have land requisitioned in the first instance, and thereafter acquired. 3 the divisional canal officer may delegate his functions under subsection 2 to a subdivisional canal officer. 4 the provisions of sections 30f, 30g and 36a, shall apply in relation to a scheme prepared under this section and to watercourses and other works constructed under such scheme as they apply to any scheme referred to in sections 30a, 30b, 30c, 30d and 30e and to watercourses and other works constructed in accordance therewith. vide uttar pradesh act 16 of , s. 2

section 31. of the northern india canal and drainage act : in the absence of a written contract, or so far as any such contract does not extend, every supply of canalwater shall be deemed to be given at the rates and subject to the conditions prescribed by the rules to be made by the state government in respect thereof.

section 34. of the northern india canal and drainage act : if water supplied through a watercourse be suffered to run to waste, and if, after enquiry by the divisional canalofficer, the person through whose act or neglect such water was suffered to run to waste cannot be discovered, all the persons chargeable in respect of the water supplied through such watercourse shall be jointly liable for the charges made in respect of the water so wasted.

section 41. of the northern india canal and drainage act : 141. power to make rules for apportioning owners rate.in the case of a tenant with a right of occupancy, the state government shall have power to make rules for dividing the owners rate between such tenant and his landlord, proportionately to the extent of the beneficial interest of each in the land. 1. sections 40 to 43 rep. in the punjab by the punjab tenancy act, 16 of , s. 3 and the schedule.

section 35. of the northern india canal and drainage act : all charges for the unauthorised use or for waste of water may be recovered in addition to any penalties incurred on account of such use or waste. decision of questions under sections 33 and 34.all questions under section 33 or section 34 shall be decided by the divisional canalofficer, subject to an appeal to the head revenue officer of the district, or such other appeal as may be provided under section 75. state amendment uttar pradesh amendment of section 36 of act no. viii of .in section 35 of the northern india canal and drainage act, , hereinafter referred to as the principal act, for the words shall be determined by the rules to be made by the state government, the words and any other incidental charges shall be determined by the rules to be made by the state government, shall be substituted. vide uttar pradesh act 22 of , s. 2

section 36. of the northern india canal and drainage act : the rates to be charged for canalwater supplied for purposes of irrigation to the occupiers of land shall be determined by the rules to be made by the state government, and such occupiers as accept the water shall pay for accordingly. occupiers rate.a rate so charged shall be called the occupiers rate. 1the rules hereinbefore referred to may prescribe and determine what persons or classes of persons are to be deemed to be occupiers for the purposes of this section, and may also determine the several liabilities, in respect of the payment of the occupiers rate, of tenants and of persons to whom tenants may have sublet their lands or of proprietors and of persons to whom proprietors may have let the lands held by them in cultivating occupancy. 1. ins. by act 16 of , s. 2.

section 38. of the northern india canal and drainage act : the owners rate shall not exceed the sum which, under the rules for the time being in force for the assessment of land revenue, might be assessed on such land on account of the increase in the annual value of produce thereof caused by the canal irrigation. and, for the purpose of this section only, land which is permanently settled or held free of revenue shall be considered as though it wer e temporarily settled and liable to payment of revenue.

section 42. of the northern india canal and drainage act : 142. when owner is to pay owners rate.if the owner of the land is not the occupier, but has power to enhance the rent of the occupier on the ground that the value of the produce or the productive powers of the land has or have been increased by irrigation, or if, when the amount of a rent was fixed, the land was irrigated from the canal, the owner shall pay the owners rate. 1. sections 40 to 43 rep. in the punjab by the punjab tenancy act, 16 of , s. 3 and the schedule.

section 37. of the northern india canal and drainage act : in addition to the occupiers rate, a rate to be called the owners rate may be imposed according to rules to be made by the state government, on the owners of canalirrigated lands, in respect of the benefit which they derive from such irrigation.

section 45. of the northern india canal and drainage act : any sum lawfully due under this part, and certified by the divisional canalofficer to be so due, which remains unpaid after the day on which it becomes due, shall be recoverable by the collector from the person liable for the same as if it were an arrear of landrevenue.

section 39. of the northern india canal and drainage act : no owners rate shall be chargeable either on the owner or occupier of land temporarily assessed to pay landrevenue at irrigationrates, during the currency of such assessment.

section 40. of the northern india canal and drainage act : 140. when occupier is to pay both owners rate and occupiers rate.if such land is occupied by the owner, or if it is occupied by a tenant whose rent is not liable to enhancement on the ground that the value of the produce of the land or the productive powers of the land has or have teen increased by irrigation, such owner or tenant shall pay the owners rate as well as the occupiers rate. 1. sections 40 to 43 rep. in the punjab by the punjab tenancy act, 16 of , s. 3 and the schedule.

section 43. of the northern india canal and drainage act : 143. effect of introduction or canalirrigation on landlords right to enhance.if a revision of settlement is a ground for entertaining a suit, for the enhancement of rent, the introduction of canalirrigation into any land shall have the same effect on the landlord s right to reenhance the rent of a tenant with a right of occupancy of such land, as if a revision of settlement had taken place, under which the revenue payable in respect of such land had been increased. 1. sections 40 to 43 rep. in the punjab by the punjab tenancy act, 16 of , s. 3 and the schedule

section 44. of the northern india canal and drainage act : where a waterrate is charged on land held by several joint owners, it shall be payable by the manager or other person who receives the rents or profits of such land, and may be deducted by him from such rents or profits before division, or may be recovered by him from the persons liable to such rate in the manner customary in the recovery of other charges on such rents or profits.

section 46. of the northern india canal and drainage act : the divisional canalofficer or the collector may enter into an agreement with any person for the collection and payment to the state government by such person of any sum payable under this act by a third party. when such agreement has been made, such person may recover such sum by suit as though it were a debt due to him, or an arrear of rent due to him on account of the land, wor k or building in respect of which such sum is payable, or for or in which the canalwater shall have been supplied or used. if such person makes default in the payment of any sum collected by him under this section, such sum may be recovered from him by the collector under section 45 and, if such sum or any part of it be still due by the said third party, the sum or part so due may be recovered in like manner by the collector from such third party.

section 47. of the northern india canal and drainage act : the collector may require the lambardar, or person under engagement to pay the landrevenue of any estate, to collect and pay any sums payable under this act by a third party, in respect of any land or water in such estate. such sums shall be recoverable by the collector as if they were arrears of landrevenue due in respect of the defaulters share in such estate and for the purpose of collecting such sums from the subordinate zamindars, rayats, 1tenants or subtenants, such lambardar or person may exercise the powers, and shall be subject to the rules, laid down in the law for the time being in force in respect to the collection by him of the rents of land or of shares of landrevenue. the state government shall provide a for remunerating persons collecting sums under this section or b for indemnifying them against expenses properly incurred by them in such collection or c for both such purposes. 1. subs. by act 16 of , s. 3, for or tenants.

section 48. of the northern india canal and drainage act : nothing in section 45, 46 or 47 applies to fines.

section 49. of the northern india canal and drainage act : any vessel entering or navigating any canal contrary to the rules made in that behalf by the state government, or so as to cause danger to the canal or the other vessels therein, may be r emoved or detained, or both removed and detained, by the divisional canalofficer, or by any other person duly authorised in this behalf. liability of owners of vessels causing damage.the owner of any vessel causing damage to a canal, or removed or detained under this section, shall be liable to pay to the state government such sum as the divisional canalofficer, with the approval of the superintending canalofficer, determines to be necessary to defray the expenses of repairing such damage or of such removal or detention, as the case may be.

section 50. of the northern india canal and drainage act : any fine imposed under this act upon the owner of any vessel, or the servant or agent of such owner or other person in charge of any vessel, for any offence in respect of the navigation of such vessel, may be recovered either in the manner prescribed by the code of criminal procedure 1 or, if the magistrate imposing the fine so directs, as though it were a charge due in respect of such vessel. 1. see now the code of criminal procedure, 2 of .

section 51. of the northern india canal and drainage act : if any charge due under the provisions of this part in respect of any vessel is not paid on demand to the person authorised to collect the same, the divisional canalofficer may seize and detain such vessels and the furniture thereof, until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.

section 57. of the northern india canal and drainage act : whenever it appears to the state government that any drainageworks are necessary for the improvement of any lands, or for the proper cultivation or irrigation thereof, or that protection from floods or other accumulations of water, or from erosion by a river, is required for any lands, the state government may cause a scheme for such drainageworks to be drawn up and published, together with an estimate of its co st and a statement of the proportion of such cost which the state government proposes to defray, and a schedule of the lands which it is proposed to make chargeable in respect of the scheme.

section 52. of the northern india canal and drainage act : if any charge due under the provisions of this part in respect of any cargo or goods carried in a government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal is not paid on demand to the person authorised to collect the same, the divisio nal canalofficer may seize such cargo or goods and detain them until the charge so due, together with all expenses and additional charges arising from such seizure and detention, is paid in full.

section 53. of the northern india canal and drainage act : within a reasonable time after any seizure under section 51 or section 52, the said canalofficer shall give notice to the owner or person in charge of the property seized that it, or such portion of it as may be necessary, will, on a day to be named in the notice, but not sooner than fifteen days from the date of the notice, be sold in satisfaction of the claim on account of which such property was seized, unless the claim be discharged before the day so named. and, if such claim be not so discharged, the said canalofficer may, on such day, sell the property seized or such part thereof as may be necessary to yield the amount due, together with the expenses of such seizure and sale: provided that no greater part of the furniture of any vessel or of any cargo or goods shall be so sold than shall, as nearly as may be, suffice to cover the amount due in respect of such vessel, cargo or goods. the residue of such furniture, cargo or goods, and of the proceeds of the sale, shall be made over to the owner or person in charge of the property seized.

section 58. of the northern india canal and drainage act : the persons authorised by the state government to draw up such scheme may exercise all or any of the powers conferred on the canalofficers by section 14.

section 54. of the northern india canal and drainage act : if any vessel be found abandoned in a canal, or any cargo or goods carried in a government vessel on a canal, or stored on or in lands or warehouses occupied for the purposes of a canal, be left unclaimed for a period of two months, the divisional canalofficer may take possession of the same. the officer so taking possession may publish a notice that, if such vessel and its contents, or such cargo or goods, are not claimed previously to a day to be named in the notice, not sooner than thirty days from the date of such notice, he will sell the same and, if such vessel, contents, cargo or goods be not so claimed, he may, at any time after the day named in the notice, proceed to sell the same. disposal of proceeds of sale.the said vessel and its contents, and the said cargo or goods if unsold, or, if a sale has taken place, the proceeds of the sale, after paying all tools, charges and expenses incurred by the divisional canalofficer on account of the taking possession and sale, shall be made over to the owner of the same, when his ownership is established to the satisfaction of the divisional canalofficer. if the divisional canalofficer is doubtful to whom such property or proceeds should be made over, he may direct the property to be sold as aforesaid, and the proceeds to be paid into the district treasury, there to be held until the right thereto be decided by a court of competent jurisdiction.

section 56. of the northern india canal and drainage act : the division a canalofficer, or other person authorised by the state government in that behalf, may, after such publication issue an order to the person causing or having control over any such obstruction to remove or modify the same within a time to be fixed in the order. if, within the time so fixed, such person does not comply with the order, the said canalofficer may himself remove or modify the obstruction and if the person to whom the order was issued does not, when called upon, pay the expenses involved in such removal or modification, such expenses shall be recoverable by the collector from him or his representative in interest as an arrear of landrevenue.

section 55. of the northern india canal and drainage act : whenever it appears to the state government that injury to any land or the public health or public convenience has arisen or may arise from the obstruction of any river, stream or drainagechannel, such government may, by notification published in the official gazette, prohibit, within limits to be defined in such notification, the formation of any obstruction, or may, within such limits, order the removal or other modification of such obstruction. thereupon so much of the said river, stream or drainage channel as is comprised within such limits shall be held to be a drainagework as defined in section 3.

section 59. of the northern india canal and drainage act : an annual rate, in respect of such scheme, may be charged, according to rules to be made by the state government, on the owners of all lands which shall, in the manner prescribed by such rules, be determined to be so chargeable. such rate shall be fixed, as nearly as possible, so as not to exceed either of the following limits : 1 six per cent. per annum on the first cost of the said works, adding thereto the estimated yearly cost of the maintenance and supervision of the same, and deducting therefrom the estimated income, if any, derived from the works, excluding the said rate: 2 in the case of agricultural land, the sum which under the rules then in force fo r the assessment of landrevenue, might be assessed on such land on account of the increase of the annual value or produce thereof caused by the drainage work. such rate may be varied from time to time, within such maximum, by the state government. so far as any defect to be remedied is due to any canal, watercourse, road or other work or obstruction, constructed or caused by the state government or by any person, a proportionate share of the cost of the drainage works required for the remedy of the said defect shall be borne by such government or such person, as th e case may be.

section 62. of the northern india canal and drainage act : no such claim shall be entertained after the expiration of one year from the occurrence of the loss complained of, unless the collector is satisfied that the claimant had sufficient cause for not making the claim within such period.

section 60. of the northern india canal and drainage act : any such drainagerate may be collected and recovered in manner provided by sections 45, 46 and 47 for the collection and recovery of waterrates.

section 61. of the northern india canal and drainage act : whenever, in pursuance of a notification made under section 55, any obstruction is removed or modified, or whenever any drainagework is carried under section 57, all claims for compensation on account of any loss consequent on the removal or modification of the said obstruction or the construction of such work may be made before the collector, and he shall deal with the same in the manner provided in section 10.

section 63. of the northern india canal and drainage act : for the purposes referred to in this part, the word labourer includes persons who exercise any handicraft specified in rules to be made in that behalf by the state government.

section 64. of the northern india canal and drainage act : in any district in which a canal or drainagework is constructed, maintained or projected by the state government, the state government, may, if it thinks fit, direct the collector a to ascertain the proprietors, subproprietors or farmers whose villages or estates are or will be in the judgment of the collector, benefited by such canal or drainage work, and b to set down in a list, having due regard to the circumstances of the districts and of the several proprietors, subproprietors or farmers, the number of labourers which shall be furnished by any of the said persons, jointly or severally, from any such village or estate, for employment on any such canal or drainagework when required as hereinafter provided. the collector may, from time to time, add to or alter such list or any part thereof.

section 65. of the northern india canal and drainage act : whenever it appears to a divisional canalofficer duly authorised by the state government that, unless some work is immediately executed, such serious damage will happen to any canal or drainagework as to cause sudden and extensive public injury, and that the labourers necessary for the proper execution thereof cannot be obtained in the ordinary manner within the time that can be allowed for the execution of such work so as to prevent such injury, the said officer may require any person named in such list to furnish as many labourers not exceeding the number which, according to the said list he is liable to supply as to the said officer seems necessary for the immediate execution of such work. every requisition so made shall be in writing, and shall state a the nature and locality of the work to be done b the number of labourers to be supplied by the person upon whom the requisition is made and c the approximate time for which and the day on which the labourers will be required and a copy thereof shall be immediately sent to the superintending canalofficer for the information of the state government. the state government shall fix, and may from time to time alter the rates to be paid to any such labourers: provided that such rates shall exceed the highest rates for the time being paid in the neighbourhood for similar work. in the case of every such labourer, the payment shall continue for the whole period during which he is, in consequence of the provisions of this part, prevented from following his ordinary occupation. the state government may 1 direct that the provisions of this part shall apply, either permanently or temporarily as the case may be, to any district or part of a district for the purpose of effecting necessary annual siltclearances, or to prevent the proper operation of a canal or drainagework being stopped or so much interfered with as to stop the established course of irrigation or drainage. 1. the words with the previous sanction of the g. g. in c. omitted by act 4 of , s. 2 and the schedule.

section 67. of the northern india canal and drainage act : except where herein otherwise provided, all claims against the state government in respect of anything done under this act may be tried by the civil courts but no such court shall in any case pass an order as to the supply of canalwater to any crop sown or growing at the time of such order.

section 66. of the northern india canal and drainage act : when any requisition has been made on any person named in the said list, every labourer ordinarily resident within the village or estate of such person shall be liable to supply, and to continue to supply, his labour, for the purposes aforesaid.

section 69. of the northern india canal and drainage act : any officer empowered under this act to conduct any inquiry may exercise all such powers connected with the summoning and examining of witnesses as are conferred on civil courts by the 1code of civil procedure, and every such inquiry shall be deemed a judicial proceeding. 1. see now the code of civil procedure, act 5 of .

section 68. of the northern india canal and drainage act : whenever a difference arises between two or more persons in regard to their mutual rights or liabilities in respect of the use, construction or maintenance of a watercourse, any such person may apply in writing to the divisional canalofficer stating the matter in dispute. such officer shall thereupon give notice to the other persons interested that, on a day to be named in such notice, he will proceed to inquire into the said matter. and, after such inquiry, he shall pass his order thereon, unless he transfers as he is hereby empowered to do the matter to the collector, who shall thereupon inquire into and pass his order on the said matter. such order shall be final as to the use or distribution of water for any crop sown or growing at the time when such order is made, and shall thereafter remain in force until set aside by the decree of a civil court.

section 70. of the northern india canal and drainage act : whoever, without proper authority and voluntarily, does any of the acts following, that is to say: 1 damages, alters, enlarges or obstructs any canal or drainagework 2 interferes with, increases or diminishes the supply of water in, or the flow of water from, through, over or under, any canal or drainagework 3 interferes with or alters the flow of water in any river or stream, so as to endanger, damage or render less useful any canal or drainagework 4 being responsible for the maintenance of a watercourse, or using a watercourse, neglects to take proper precautions for the prevention of waste of the water thereof, or interferes with the authorised distribution of the water therefrom, or uses such water in a n unauthorised manner 5 corrupts or fouls the water of any canal so as to render it less fit for the purposes for which it is ordinarily used 6 causes any vessel to enter or navigate any canal contrary to the rules for the time being prescribed by the state government for entering or navigating such canal 7 while navigating on any canal, neglects to take proper precautions for the safety of the canal and of vessels thereon 8 being liable to furnish labourers under part viii of this act, fails wi thout reasonable cause, to supply or to assist in supplying the labourers required of him 9 being a labourer liable to supply his labour under part viii of this act, neglects, without reasonable cause, so to supply, and to continue to supply, his labour 10 destroys or moves any levelmark or watergauge fixed by the authority of a public servant 11 passes, or causes animals or vehicles to pass, on or across any of the works, banks or channels of a canal or drainage work contrary to rules made under this act, after he has been desired to desist therefrom 12 violates any rule made under this act, for breach whereof a penalty may be incurred penalty.shall be liable, on conviction before a magistrate of such class as the state government directs in this behalf, to a fine not exceeding fifty rupees, or to imprisonment not exceeding one month, or to both.

section 75. of the northern india canal and drainage act : the state government may, from time to time 1 make rules to regulate the following matters: 1 the proceedings of any officer who, under any provision of this act, is required or empowered to take action in any matter 2 the cases in which, and the officers to whom, and the conditions subject to which, orders and decisions, given under any provision of this act, and not expressly provided for as regards appeal, shall be appealable 3 the persons by whom, 2and the time, place or manner at or in which anything for the doing of which provision is made under this act, shall be done 4 the amount of any charge made under this act 5 and generally to carry out the provisions of this act. the state government may from time to time 3 alter or cancel any rules so made. publication of rules.such rules, alterations and cancelments shall be published in the official gazette, and shall thereupon have the force of law. state amendment uttar pradesh amendment of section 75 of act viii of . section 75 of the principal act shall be renumbered as subsection 1 thereof, and the following shall be added as subsections 2 and 3 thereof 2 without prejudice to the generality of the powers contained under subsection 1, the rules may provide for i the particulars to be mentioned in the scheme repaired under this chapter ii the manner of implementation of the scheme iii the manner of publication of the scheme and giving or publishing of notice under this chapter and iv the manner of doing or execution of such other things as can be, or may be, prescribed for giving effect to the provisions of this chapter. 3 all rules made under this act shall, as soon as may be after they are made, be laid before each house of the state legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect, from the date of their publication in the gazette, subject to such modifications or annulments as the two houses of the legislature may agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. vide uttar pradesh act v of , s. 5 uttar pradesh amendment of section 75.in section 75 of the principal act, in subsection 1, for clause 4, the following clause shall be substituted, namely : 4 the amount of any charges made under this act and the manner in which they shall be realized and vide uttar pradesh act 22 of , s. 3 1. the words subject to the control of the g. g. in c. omitted by act 38 of . 2. ins. by act 12 of . 3. the words subject to the like control omitted by act 38 of .

section 72. of the northern india canal and drainage act : whenever any person is fined for an offence under this act, the magistrate may direct that the whole or any part of such fine may be paid by way of compensation to the person injured by such offence.

section 71. of the northern india canal and drainage act : nothing herein contained shall prevent any person from being prosecuted under any other law for any offence punishable under this act: provided that no person shall be punished twice for the same offence.

section 74. of the northern india canal and drainage act : in this part the word canal shall unless there be something repugnant in the subject or context be deemed to include also all lands occupied by the state government for the purposes of canals, and all buildings, machinery, fences, gates and other erections, trees, crops, plantations or other produce occupied by or belonging to the state government upon such lands.

section 73. of the northern india canal and drainage act : any person in charge of or employed upon any canal or drainagework may remove from the lands or buildings belonging thereto, or may take into custody without a warrant and take forthwith before a magistrate or to the nearest police station, to be dealt with according to law, any person who, within his view, commits any of the following offences: 1 wilfully damages or obstructs any canal or drainage work 2 without proper authority interferes with the supply or flow of water in or from any canal or drainagework, or in any river or stream, so as to endanger, damage or render less useful any canal or drainagework.

section 5. of the interstate corporations act : the central government may, by notification in the official gazette, specify in the schedule any act under which a body corporate constituted for a state is functioning in two or more states by virtue of section 109 of the states reorganisation act, 37 of , 1 or of any other enactment relating to reorganisation of states and on the issue of such notification, the schedule shall be deemed to be amended by the inclusion of the said act therein. 1. ins. by act 11 of , s. 75 w.e.f. .

section 4. of the interstate corporations act : 1 on receipt of a scheme forwarded to it under section 3, the central government may, after consulting the state governments concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit. 2 an order made under subsection 1 may provide for all or any of the following matters, namely: a the dissolution of the interstate corporation b the reconstitution and reorganisation in any manner whatsoever of the interstate corporation including the constitution, where necessary, of new corporations c the area in respect of which the reconstituted corporation or new corporation shall function and operate d the transfer, in whole or in part, of the assets, rights and liabilities of the interstate corporation including the rights and liabilities under any contract made by it to any other corporations or state governments and the terms and conditions of such transfer e the substitution of any such transferee for the interstate corporation, or the addition of any such transferee, as a party to any legal proceeding to which the interstate corporation is a party and the transfer of any proceedings pending before the interstate corporation to any such transferee f the transfer or reemployment of any employees of the interstate corporation to, or by, any such transferee and subject to the provisions of section 111 of the states reorganisation act, 37 of , 1 or of any other enactment relating to reorganisation of states the terms and conditions of service applicable to such employees after such transfer or reemployment g the adaptations or modifications of the act under which the interstate corporation was constituted, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the approved scheme h such incidental, consequential and supplementary matters as may be necessary to give effect to the approved scheme. 3 where an order is made under this section transferring the assets, rights and liabilities of any interstate corporation, then, by virtue of that order, such assets, rights and liabilities of the interstate corporation shall vest in, and be the assets, rights and liabilities of, the transferee. 4 every order made under this section shall be published in the official gazette and the act under which the interstate corporation was constituted shall have effect subject to the provisions of the order and the adaptations and modifications made thereby until altered, repealed or amended by the competent legislature of a state. 2 5 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 1. ins. by act 11 of , s. 75 w.e.f. . 2. subs. by act 20 of , s. 2 and the schedule, for subsection 5 w.e.f. .

section 3. of the interstate corporations act : if it appears to the government of a state in any part of which an interstate corporation is functioning that the interstate corporation should be reconstituted and reorganised as one or more interstate corporations or that it should be dissolved, the state government may frame a scheme for such reconstitution and reorganisation or such dissolution, as the case may be, including proposals regarding the transfer of the assets, rights and liabilities of the interstate corporation to any other corporations or state governments and the transfer or reemployment of employees of the interstate corporation and forward the scheme to the central government.

section 1. of the interstate corporations act : this act may be called the interstate corporations act, .

section 2. of the interstate corporations act : in this act, interstate corporation means any body corporate constituted under any of the acts specified in the schedule and functioning in two or more states by virtue of section 109 of the states reorganisation act, 37 of , 1 or of any other enactment relating to reorganisation of states. 1. ins. by act 11 of , s. 75 w.e.f. .

section 8. of the coir industry act : 1 there shall be an executive committee of the board for the purpose of exercising such of the powers and performing such of the duties of the board as may be prescribed or as the board may delegate to it. 2 the executive committee shall consist of i the chairman, ii the vicechairman, and iii five other members elected by the members of the board, from among themselves of whom not more than two shall be government officials and one shall be from among the members representing persons engaged in the production of husks, coir and coir yarn and in the manufacture of coir products. 3 subject to such control and restrictions as may be prescribed, the board may constitute other standing committees or ad hoc committes for exercising any power or discharging any duty of the board or for enquiring into or reporting and advising on any matter which the board may refer to them. 4 a standing committee shall consist exclusively of members of the board. 5 an ad hoc committee may include persons who are not members of the board, but their number shall be less than onehalf of its strength.

section 1. of the coir industry act : show related subordinates 1 this act may be called the coir industry act, . 2 it extends to the whole of india except the state of jammu and kashmir.. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 . 9th february, , vide notification no. s.r.o. 470, dated 9th february, , see gazette of india, extraordinary part i, s. 3ii. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the coir industry act : it is hereby declared that it is expedient in the public interest that the union should take under its control the coir industry,

section 7. of the coir industry act : the board shall elect from among its members a vicechairman, who shall exercise such of the powers and discharge such of the duties of the chairman as may be prescribed or as may be delegated to him by the chairman.

section 3. of the coir industry act : in this act, unless the context otherwise requires, a board means the coir board constituted under section 4 b cess means the customs duty imposed by section 13 c coir or coir fiber means the fiber extracted from the husk of the coconut d coir products means mats and mattings, rugs and carpets, ropes and other articles manufactured wholly or partly from coir or coir yarn e coir yarn means yarn obtained by the spinning of coir f export with its grammatical variations and cognate expressions means to take out of the territories to which this act extends by land, sea or air to any place outside india other than a country or territory notified in this behalf by the central government by notification in the official gazette g fund means the coir fund referred to in section 15 h husks means coconut husks, both raw and retied i member means a member of the board j prescribed means prescribed by rules made under this act.

section 9. of the coir industry act : 1 the central government shall, after consulting the board appoint a secretary to the board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board or the chairman. 2 subject to such control and restrictions as may be prescribed, the board may appoint such officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. 3 the chairman, secretary and other officers and employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government.

section 4. of the coir industry act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established for the purposes of this act a board to be called the coir board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue and be sued. 3 the board shall consist of a chairman and such number of other members not exceeding forty as the central government may think expedient, to be appointed by that government by notification in the official gazette from among persons who are in its opinion capable of representing a growers of coconuts and producers of husks and coir yarn b persons engaged in the production of husks, coir and yarn and in the manufacture of coir products c manufacturers of coir products d dealers in coir, coir yarn and coir products, including both exporters and internal traders e parliament f the governments of the principal coconut growing states g such other persons or class of persons who, in the opinion of the central government, ought to be represented on the board. 4 the number of persons to be appointed as members from each of the categories specified in subsection 3, the term of office, of the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the board shall be such as may be prescribed. 5 any officer of the central government when deputed by that government in this behalf shall have the right to attend meetings of the board and take part in the proceedings thereof but shall not be entitled to vote.

section 10. of the coir industry act : 1 it shall be the duty of the board to promote by such measures as it thinks fit the development under the control of the central government of the coir industry. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may relate to a promoting exports of coir yarn and coir products, and carrying on propaganda for that purpose b regulating under the supervision of the central government the production of husks, coir yarn and coir products by registering coir spindles and looms for manufacturing coir products as also manufacturers of coir products, licensing exporters of coir, coir yarn and coir products and taking such other appropriate steps as may be prescribed c undertaking, assisting or encouraging scientific technological and economic research and maintaining and assisting in the maintenance of one or more research institutes d collecting statistics from manufacturers of, and dealers in, coir products and from such other persons as may be prescribed, on any matter relating to the coir industry the publication of statistics so collected or portions thereof or extracts therefrom e fixing grade standards and arranging when necessary for inspection of coir fibre, coir yarn and coir products f improving the marketing of coconut husk, coir fibre, coir yarn and coir products in india and elsewhere and preventing unfair competition 1ff setting up or assisting in the setting up of factories for the production of coir products with the aid of power g promoting cooperative organisation among producers of husk, coir fibre and coir yarn and manufacturers of coir products h ensuring remunerative returns to producers of husks, coir fibre and coir yarn and manufacturers of coir products i licensing of retting places and warehouses and otherwise regulating the stocking and sale of coir fibre, coir yarn and coir products both for the internal market and for exports j advising on all matters relating to the development of the coir industry k such other matters as may be prescribed. 3 the board shall perform its functions under this section in accordance with and subject to such rules as may be made by the central government. 1. ins. by act 25 of , s. 3 w.e.f. .

section 6. of the coir industry act : the chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the central government.

section 5., not to invalidate acts and proceedings. of the coir industry act : no act or proceeding taken by the board under this act shall be questioned on the ground merely of a the existence of any vacancy in the constitution of, the board or b any omission, defect or irregularity not affecting the merits of the case.

section 11. of the coir industry act : 1 the central government may, if the board does any act exceeding the powers conferred upon it or acts in a manner contrary to the rules or prejudicial to the interests of the industry or acts 1 contrary to the directions given by the central government, call upon the board to show cause why the board should not be dissolved and if no explanation is offered or if the central government is dissatisfied with the explanation given it may suspend or dissolve the board from such date and for such period as may be specified in the notification. 2 when the board is dissolved under the provisions of subsection 1 a all members shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all funds and other property vested in the board shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act. 1. the words or fails to act omitted by act 45 of , s. 2 and the schedule w.e.f. .

section 16. of the coir industry act : subject to such rules as may be made in this behalf, the board shall have power to borrow on the security of the fund or any other asset for any purposes for which the fund may be applied.

section 12. of the coir industry act : no coir fibre, coir yarn or coir products shall be exported otherwise than under a licence issued by or on behalf of the board in the prescribed manner, and the provisions of the sea customs act, viii of , shall have effect as if the provisions made by this section had been made by notification issued under section 19 of that act: provided that nothing herein contained shall apply to any coir product dispatched out of the territories to which this act extends by post or carried in a passengers luggage for his personal use: provided further that the central government may exempt from the operation of this section either absolutely or subject to specified conditions, the export of any coir fibre, coir yarn or coir product to any foreign settlement bounded by india.

section 13. of the coir industry act : 1 with effect from such date as may be specified by the central government by notification in the official gazette, there shall be levied and collected as a cess for the purposes of this act a duty of customs on all coir fibre, coir yarn and coir products which are exported 1at such rate not exceeding two rupees per quintal as the central government may, by the same or a like notification from time to time, fix. 2 the cess levied under subsection 1 shall be in addition to any other duty leviable under the indian tariff act, xxxii of , or any other law for the time being in force and shall be collected by such agencies and in such manner as may be prescribed. 1. subs. by act 40 of , s. 9, for the words at such rate not exceeding one rupee per hundred weight w.e.f.

section 17. of the coir industry act : 117. accounts and audit.1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited by the comptroller and auditorgeneral of india at such intervals as may be prescribed by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with audit of government accounts, and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. 1. subs. by act 25 of , s. 6, for section 17 w.e.f.

section 14. of the coir industry act : the proceeds of the cess levied under subsection 1 of section 13 shall first be credited to the consolidated fund of india and the central government may thereafter from time to time pay to the board from and out of such proceeds such sums of money as it may think fit after deducting the expenses of collection.

section 14a. of the coir industry act : 114a. grant by the central government to the board.the central government may, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants, such sums of money as the central government may consider necessary. 1. ins. by act 25 of , s. 4 w.e.f. .

section 15. of the coir industry act : 1 there shall be formed by the board a fund to be called the coir fund and there shall be credited thereto a the proceeds of the cess made over to the board by the central government b any other fee that may be levied and collected under this act or the rules made thereunder 1c any sum of money that may be paid by way of grants under section 14a. 2 the fund shall be applied towards meeting the expenses of the board and the cost of the measures referred to in section 10. 1 ins. by s. 5, ibid. w.e.f. .

section 18. of the coir industry act : 1 all acts and proceedings of the board shall be subject to the control of the central government which may cancel, suspend or modify as it thinks fit any action taken by the board. 2 the board shall carry out such directions as may be issued to it by the central government for the efficient administration of this act. 3 the records of the board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the central government.

section 19. of the coir industry act : 11 the board shall submit to the central government and such other authority, as may be prescribed, an annual report on its activities and the working of this act for the preceding year and a copy of every such report shall, as soon as may be after it is received by the central government, be laid before each house of parliament. 2 the board shall prepare and submit such other returns relating to the coir industry as may be required by that government from time to time. 1. subs. by 41 of , s. 2, for subsection 1 w.e.f. .

section 20. of the coir industry act : 1 if any person contravenes the provisions of section 12, he shall be punishable with fine which may extend to five hundred rupees. 2 any person who attempts to contravene or abets the contravention of the provisions of section 12 shall be deemed to have contravened those provisions.

section 25. of the coir industry act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest the central government may, by notification in the official gazette, suspend or relax to a specified extent either indefinitely or for such period as may be specified in the notification the operation of all or any of the provisions of this act. 2 where the operation of any provisions of this act has under subsection 1 been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this act remains in force be removed by the central government by notification in the official gazette.

section 21. of the coir industry act : 1 if the person committing an offence under section 12 is a company, every person who at the time the contravention was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under section 12 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 27. of the coir industry act : show related subordinates 1 the board may make bylaws consistent with this act and the rules made thereunder, to provide for, a the dates, times and places of its meetings and of the meetings of the executive and other committees and the quorum for such meetings, and the procedure thereat b the delegation of powers and duties to the executive or any other committee, or to its chairman, vicechairman, secretary or any other of its officers c the travelling allowances of members and of members of committees d the appointment, promotion and dismissal of its officers and other employees other than the secretary and the creation and abolition of their posts e the conditions of service of its officers and other employees other than the secretary including their pay, leave, leave allowances, pensions, gratuities, compassionate allowances and travelling allowances and the establishment and maintenance of a provident fund for them f the maintenance of its accounts g the persons by whom, and the manner in which payments, deposits and investments may be made on its behalf h the custody of moneys required for its current expenditure and the investment of moneys not so required i the preparation of statements showing the sums allotted to departments of the central and state governments and other institutions. 2 no bylaw shall take effect until it has been confirmed by the central government and published in the official gazette and the central government in confirming a bylaw may make any change therein which appears to it to be necessary. 3 the central government may, by notification in the official gazette, cancel any bylaw which it has confirmed and thereupon the bylaw shall cease to have effect. 14 every bylaw made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the bylaw or both houses agree that the bylaw should not be made, the bylaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that bylaw. 1. ins. by act 4 of , s. 2 and the schedule, w.e.f. .

section 22. of the coir industry act : no prosecution for any offence punishable under this act shall be instituted except with the previous approval of the central government.

section 24. of the coir industry act : the central government may, by order notified in the official gazette, direct that any power exercisable by it under this act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order by such officer or authority as may be specified therein.

section 23. of the coir industry act : no suit prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act or the rules made thereunder.

section 26. of the coir industry act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules or carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the constitution of the board, the number of persons to be appointed as members from each of the categories specified in subsection 3 of section 4, the term of office and the other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the board b the circumstances in which, and the authority by which, members may be removed c the holding of a minimum number of meetings every year d the pay and allowances and other conditions of service of the secretary e the maintenance of records of all business transacted at meetings of the board and the submission of copies of such records to the central government f the preparation of budget estimate of the receipts and expenditure of the board and the authority by which such estimates should be sanctioned g the conditions subject to which, and the mode in which, contracts may be made by or on behalf of the board h the powers of the board and the executive committee and the chairman, in regard to the incurring of expenditure and the reappropriation of estimated savings in any budget heard to another such head i the conditions subject to which the board may borrow j the form and the manner in which accounts should be kept by the board k the registration of coir spindles and looms for the manufacture of coir products as also the registration of manufacturers of coir products and the conditions for such registration the grant or issue of licences under this act the fees to be levied in respect of such registration and licences and the suspension and cancellation of such registration and licences l the form of applications for registration and licences under this act and the fee, if any, to be paid in respect of any such applications m the collection of any information or statistics in respect of the coir industry n any other matter which is to be or may be prescribed. 13 every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if 2before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 25 of , s. 7, for subsection 3 w.e.f. . 2. subs. by act 4 of , s. 2 and the schedule, for the words before the expiry of the session in which it is so laid or the successive sessions aforesaid w.e.f. .

section 7.. of the charitable endowments act : exercise by governor general in council of powers of local government. omitted by the a.o. .

section 1. of the charitable endowments act : 1 this act may be called the charitable endowments act, . 2 it extends to the whole of india, 1, 2 and 3 it shall come into force on the first day of october, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. the words inclusive of british baluchistan omitted by the a.o. .

section 8. of the charitable endowments act : 1 subject to the provisions of this act, a treasurer of charitable endowments shall not, as such treasurer, act in the administration of any trust whereof any of the property is for the time being vested in him under this act. 2 such treasurer shall keep a separate account of each property for the time being so vested insofar as the property consists of securities for money, and shall apply the property or the income thereof in accordance with the provision made in that behalf in the vesting order under section 4 or in the scheme, if any, under section 5, or in both those documents. 3 in the case of any property so vested other than securities for money, such treasurer shall, subject to any special order which he may receive from the authority by whose order the property became vested in him, permit the persons acting in the administration of the trust to have the possession, management and control of the property and the application of the income thereof, as if the property had been vested in them.

section 9. of the charitable endowments act : a treasurer of charitable endowments shall cause to be published annually in the official gazette, at such time as the 1appropriate government may direct, a list of all properties for the time being vested in him under this act and an abstract of all accounts kept by him under section 2 of the last foregoing section. 1. subs. by the a.o. , for local government.

section 6. of the charitable endowments act : 1 the application referred to in the two last foregoing sections must be made, a if the property is already held in trust for a charitable purpose, then by the person acting in the administration of the trust, or, where there are more persons than one so acting, then by those persons or a majority of them and b if the property is to be applied in trust for such a purpose then by the person or persons proposing so to apply it. 2 for the purposes of this section the executor or administrator of a deceased trustee of property held in trust for a charitable purpose shall be deemed to be a person acting in the administration of the trust.1 state amendments uttar pradesh. addition of section 6a in act ii of .after section 6 of the charitable endowments act, , the following shall be inserted as section 6a. 6a. 1 if the state government is satisfied upon representation made or otherwise, that in any case, where any property has already vested in the treasurer of charitable endowments under section 4 and a scheme has been settled under section 5 that the person or persons acting in the administration thereof are wasting or maladministering the same, it may by notice require the person or persons to show cause why the scheme settled for administration be not modified or substituted by another scheme. 2 the notice under subsection 1 shall be served in such manner as may be specified. 3 where the person or persons served with the notice fail to show cause within the time allowed or the government is satisfied after considering their explanation, if any, and making such enquiry as it may deem necessary that the property is being wasted or maladministered it may notwithstanding anything contained in section 5 or 6, modify the scheme or substitute another scheme in its place.dbtqts vide the uttar pradesh act 37 of , s. 2 1. a new subsection 3, applicable only to bengal, has been added by the bengal wakf act, ben. 13 of , s. 80.

section 4. of the charitable endowments act : 1 where any property is held or is to be applied in trust for charitable purpose, the 1appropriate government, if it thinks fit, may, on application made as hereinafter mentioned, and subject to the other provisions of this section, order, by 2 notification in the official gazette, that the property be vested in the treasurer of charitable endowments on such terms as to the application of the property or the income thereof as may be agreed on between the 1appropriate government and the person or persons making the application, and the property shall thereupon so vest accordingly. 2 when any property has vested under this section in a treasurer of charitable endowments, he is entitled to all documents of title relating thereto. 3 4 an order under this section vesting property in a treasurer of charitable endowments shall not require or be deemed to require him to administer the property, or impose or be deemed to impose upon him the duty of a trustee with respect to the administration thereof. 1. subs. by the a.o. , for l.g.. 2. for notifications issued under this section conjunction with s. 5, see different local r. and o. 3. subssection 3 omitted, ibid.

section 3. of the charitable endowments act : 11 the central government may appoint an officer of the government by the name of his office to be treasurer of charitable endowments for india, and the government of any state may appoint an officer of the government by the name of his office to be treasurer of charitable endowments for the state. 2 such treasurer shall, for the purposes of taking, holding and transferring movable or immovable property under the authority of this act, be a corporation sole by the name of the treasurer of charitable endowments for 2india or, as the case may be, the state, and, as such treasurer, shall have perpetual succession and a corporate seal, and may sue and be sued in his corporate name. 1. subs. by the a.o. , for subsection 1. 2. subs. ibid., for the territories subject to the l.g.

section 3a. of the charitable endowments act : 13a. definition of appropriate government, etc.in the subsequent provisions of this act the appropriate government means, as respects a charitable endowment, the objects of which do not extend beyond a single state and are not objects to which the executive authority of the central government extends, the government of the state, and as respects any other charitable endowment the central government. 1. ins. ibid

section 11. of the charitable endowments act : if the office held by an officer of the government who has been appointed to be treasurer of charitable endowments is abolished or its name is changed, the 1appropriate government may appoint the same or another office of the government by the name of his office to be such treasurer, and thereupon the holder of the latter office shall be deemed for the purposes of this act to be the successor in office of the holder of the former office. 1. subs. by the a.o. , for local government.

section 5. of the charitable endowments act : 1 on application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1appropriate government if it thinks fit, may settle a scheme for the administration of any property which has been or is to be vested in the treasurer of charitable endowments, and may in such scheme appoint, by name or office, a person or persons, not being or including such treasurer, toad minister the property. 2 on application made as hereinafter mentioned, and with the concurrence of the person or persons making the application, the 1appropriate government may, if it thinks fit, modify any scheme settled under this section or substitute another scheme in its stead. 3 a scheme settled, modified or substituted under this section shall, subject to the other provisions of this section come into operation on a day to be appointed by the 1appropriate government in this behalf, and shall remain in force so long as the property to which it relates continues to be vested in the treasurer of charitable endowments or until it has been modified or another such scheme has been substituted in its stead. 4 such a scheme, when it comes into operation, shall supersede any decree or direction relating to the subjectmatter thereof insofar as such decree or direction is in any way repugnant thereto, and its validity shall not be questioned in any court, nor shall any court give, in contravention of the provisions of the scheme or in any way contrary or in addition thereto, a decree or direction regarding the administration of the property to which the scheme relates: 2provided that nothing in this subsection shall be construed as precluding a court from inquiring whether the government by which a scheme was made was the appropriate government. 5 in the settlement of such a scheme effect shall be given to the wishes of the author of the trust so far as they can be ascertained, and, in the opinion of the 1appropriate government, effect can reasonably be given to them. 6 where a scheme has been settled under this section for the administration of property not already vested in the treasurer of charitable endowments, it shall not come into operation until the property has become so vested.3 1. subs. by the a.o. , for l.g.. 2. ins., ibid. 3. a proviso to section 5, applicable only to bengal, has been added by the bengal wakf act, ben. 13 of , section 79.

section 2. of the charitable endowments act : in this act charitable purpose includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship.

section 10. of the charitable endowments act : 1 a treasurer of charitable endowments shall always be a sole trustee, and shall not, as such treasurer, take or hold any property otherwise than under the provisions of this act, or, subject to those provisions, transfer any property vested in him except in obedience to a decree divesting him of the property, or in compliance with a direction in that behalf issuing from the authority by whose order the property became vested in him. 2 such a direction may require the treasurer to sell or otherwise dispose of any property vested in him, and, with the sanction of the authority issuing the direction, to invest the proceeds of the sale or other disposal of the property in any such security for money as is 1specified in the direction, or in the purchase of immovable property. 3 when a treasurer of charitable endowments is divested, by a direction of 2the appropriate government under this section, of any property, it shall vest in the person or persons acting in the administration thereof and be held by him or them on the same trusts as those on which it was held by such treasurer. 1. subs. ibid., for mentioned in section 4, subsection 3, clause a, b, c, d, or e. 2. subs. ibid., for the local government or the governor general in council.

section 16.. of the charitable endowments act : general controlling authority of governor general in council.omitted by the devolution act, 38 of , s. 2 and the first schedule, pt. i.

section 15. of the charitable endowments act : nothing in this act shall be construed to impair the operation 1of any enactment for the time being in force, respecting the authority of an advocate general 2 to act with respect to any charity 3or of the official trustees act, respecting the vesting of property in trust for a charitable purpose in an official trustee. 1. subs. by act 58 of , s. 3 and the second schedule, for of section iii of the statue 53, george iii, chapter 155, or of any other enactment. 2. the words at a presidency omitted by s. 3 and the second schedule, ibid. 3. subs. by s. 3 and the second schedule, ibid., for or of sections 8, 9, 10, and 11 of act no. xvii of an act to constitute an office of official trustee.

section 13. of the charitable endowments act : 1power to make rules.,21 the 3appropriate government may 4, by notification in the official gazette, make rules consistent with this act for a prescribing the fees to be paid to the government in respect of any property vested under this act in a treasurer of charitable endowments b regulating the cases and the mode in which schemes or any modification thereof are to be published before they are settled or made under section 5 c prescribing the forms in which accounts are to be kept by treasurers of charitable endowments and the mode in which such accounts are to be audited and d generally carrying into effect the purposes of this act. 42 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 38 of , s. 2 and the first schedule, pt. i, for section 13. 2. subsection 2 of section 13 renumbered as subsection 1 by act 56 of , s. 2. earlier subsection 1 omitted by the a. o. . 3 subs. by the a.o. , for local government. 4. ins. by act 56 of , s. 2.

section 14. of the charitable endowments act : no suit shall be instituted against the government in respect of anything done or purporting to be done under this act, or in respect of any alleged neglect or omission to perform any duty devolving on the government under this act, or in respect of the exercise of, or the failure to exercise, any power conferred by this act on the government, nor shall any suit be instituted against a treasurer of charitable endowments except for divesting him of property on the ground of its not being subject to a trust for a charitable purpose, or for making him chargeable with or accountable for the loss or misapplication of any property vested in him, or the income thereof, where the loss or misapplication has been occasioned by or through his willful neglect or default.

section 12. of the charitable endowments act : 1transfer of property from one treasurer to anotherif by reason of any alteration of areas or by reason of the appointment of a treasurer of charitable endowments for india or for any state for which such a treasurer has not previously been appointed or for any other reason it appears to the central government that any property vested in a treasurer of charitable endowments should be vested in another such treasurer, that government may direct that the property shall be so vested and thereupon it shall vest in that other treasurer and his successors as fully and effectually for the purposes of this act as if it had been originally vested in him under this act. state amendments karnataka insertion of new section 12a.after section 12 of the charitable endowments act, central act 6 of , as in force in the state of karnataka, the following section shall be inserted, namely: 12a. delegation of powers.where the appropriate government is the state government, it may by notification in the official gazette, direct that any power exercisable by it under this act except the power to make rules under section 13 or rules made thereunder shall, in respect of any endowment which does not exceed rupees ten thousand in value, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the state government as may be specified in the notification: provided that the powers under sections 4 and 5 shall not be delegated to any officer other than the head of a department of government. vide karnataka act 19 of , s. 2. 1. subs. ibid., for section 12.

section 2. of the manipur village authorities in hill areas act : in this act, unless the context otherwise requires, a chief commissioner means the chief commissioner of manipur b deputy commissioner means the deputy commissioner of manipur and includes the additional deputy commissioner thereof c heinous offence means i any of the following offences punishable under the indian penal code 45 of , that is to say, any offence under chapter vi, rioting, any offence under chapter xii, murder, culpable homicide not amounting to murder, grievous hurt, kidnapping or abducting in order to subject a person to slavery, buying or disposing of any person as a slave, habitual dealing in slaves, rape, robbery, dacoity, mischief by fire or explosive substance, and house breaking ii any offence punishable under the indian arms act, 11 of and includes any attempt, preparation or conspiracy to commit, and abetment of, any of the offences specified in subclause i or subclause ii d hill areas mean such areas in the hill tracts of the union territory of manipur as the chief commissioner may, by notification in the official gazette, declare to be hill areas e legal practitioner includes a pleader, mukhtar or revenueagent f prescribed means prescribed by rules made under this act.

section 4. of the manipur village authorities in hill areas act : a person shall not be qualified to be chosen as a member of a village authority unless he a is a citizen of india b is not less than twentyfive years of age and c in the case of membership of an elected village authority, is registered in the electoral roll as a voter for the election of a member of the village authority.

section 8. of the manipur village authorities in hill areas act : 1 the deputy commissioner may remove any member of a village authority from his office a who is convicted of any nonbailable offence or b who refuses to act, or becomes incapable of acting, or is declared to be insolvent or c who has been declared by notification to be disqualified for employment in the public service or d who, without an excuse sufficient in the opinion of the deputy commissioner, absents himself from six consecutive meetings of the village authority or e who has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, if twothirds of the total number of the members of the village authority at a meeting recommend his removal. 2 no person who has been removed from his office under clause a or clause c of subsection 1 shall be eligible for renomination or reelection except with the previous permission of the chief commissioner obtained by such person in the prescribed manner.

section 1. of the manipur village authorities in hill areas act : 1 this act may be called the manipur village authorities in hill areas act, . 2 it extends to the whole of the hill areas of the union territory of manipur. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 18th april, , vide notification no. s.r.o. 88, dated 7th january, , see gazette of india, part ii, sec. 3.

section 3. of the manipur village authorities in hill areas act : 1 for every village having twenty or more taxpaying houses there shall be a village authority consisting of a five members, where the number of taxpaying houses in the village is not less than twenty but is not more than sixty b seven members, where the number of taxpaying houses in the village is more than sixty but is not more than one hundred c ten members, where the number of taxpaying houses in the village is more than one hundred but is not more than one hundred and fifty d twelve members, where the number of taxpaying houses in the village is more than one hundred and fifty. 2 the chief commissioner may, having regard to the general interests of the people of any village as also to the demand, if any, from the people of that village for an elected village authority, declare, by notification in the official gazette, that the village shall have an elected village authority, and thereupon the members of the village authority of that village shall be elected in accordance with the provisions of this act and the rules made thereunder. 3 where no declaration under subsection 2 has been made in relation to any village the members of the village authority of that village shall be nominated by the chief commissioner. 4 where there is a chief khulakpa in a village, he shall be the ex officio chairman of the village authority of that village and where there is no such chief or khulakpa in the village, the chairman of the village authority of that village shall be elected by the members of the village authority from among themselves.

section 6. of the manipur village authorities in hill areas act : the term of office of members of a village authority shall be three years from the date appointed for its first meeting.

section 5. of the manipur village authorities in hill areas act : a person shall be disqualified for being chosen as, and for being, a member of a village authority, a if he is a member of any other village authority b if he is of unsound mind and stands so declared by a competent authority.

section 7. of the manipur village authorities in hill areas act : the election of members of the village authority of a village shall be on the basis of adult suffrage, that is to say, every person who is a citizen of india and who is ordinarily resident in the village and is not less than twentyone years of age on such date as may be fixed by rules made under this act, shall be entitled to be registered as a voter at any such election. explanation.a person shall be deemed to be ordinarily resident in a village if he ordinarily resides in that village or owns, or is in possession of, a dwelling house therein.

section 13. of the manipur village authorities in hill areas act : no act done or proceedings taken by a village authority under this act shall be questioned on the ground merely of a the existence of any vacancy in, or any defect in the constitution of, the village authority b any defect or irregularity not affecting the merits of the case.

section 9. of the manipur village authorities in hill areas act : a member of a village authority may resign his office by writing under his hand addressed to the chairman of the authority but shall continue in office until his resignation has been accepted in a meeting of the authority.

section 10. of the manipur village authorities in hill areas act : when the office of a member of a village authority becomes vacant by his removal, resignation or death, a new member shall be nominated or elected to fill the vacancy and shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred.

section 11. of the manipur village authorities in hill areas act : no election of a member of a village authority shall be called in question in any court, and no court shall grant an injunction, a to postpone the election of a member of a village authority or b to prohibit a person, declared to have been duly elected under this act, from taking part in the proceedings of a village authority of which he has been elected a member of c to prohibit members nominated or elected for a village authority from entering upon their duties.

section 12. of the manipur village authorities in hill areas act : 1 if a dispute arises as to the election of any member of a village authority, the matter shall be referred to the deputy commissioner who shall decide the same after giving notice to the parties concerned and after taking such evidence as may be produced. 2 the order of the deputy commissioner may, within thirty days from the date thereof, be revised by the chief commissioner whose decision shall be final and shall not be questioned in any court.

section 18. of the manipur village authorities in hill areas act : the chief commissioner may at any time call for and examine the record of any proceeding before a village authority, village court, subdivisional magistrate or deputy commissioner under section 17 for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and after perusing the record set aside, modify or confirm such finding, sentence or order: provided that where an order has been made by the court of session in an appeal preferred under subsection 2 of section 17, the chief commissioner shall not interfere with such appellate order.

section 14. of the manipur village authorities in hill areas act : every village authority shall be a body corporate by the name of the village for which it is constituted and shall have perpetual succession and a common seal, and shall by the said name sue and be sued, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and do all other things necessary for the purposes of this act.

section 15. of the manipur village authorities in hill areas act : subject to the general superintendence and control of the deputy commissioner, the subdivisional magistrate shall have control over all the village authorities within the local limits of his jurisdiction.

section 21. of the manipur village authorities in hill areas act : 1 a case before a village court may be instituted by a complaint, made orally or in writing, to a member of the village court. 2 if the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the offence and such other particulars, if any, as may be, prescribed, and shall direct the complainant to appear before the village court.

section 16. of the manipur village authorities in hill areas act : 1 every village authority constituted under this act shall, within the local limits of its jurisdiction, perform the following functions, namely: a it shall, to the best of its ability maintain law and order and for there purpose exercise and perform the powers and duties generally conferred and imposed on the police by or under the police act, 5 of : provided that a village authority shall not be deemed to be a police officer within the meaning of sections 25 and 16 of the indian evidence act, 1 of , or section 162 of the code of criminal procedure, 5 of b it shall cause to be arrested without any order from a magistrate and without a warrant i any person who is a vagrant or commits a heinous offence or who has been concerned in any such offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned, ii any person against whom a hue and cry has been raised on the ground of his having been concerned in any heinous offence, whether such offence has been or is being committed within its jurisdiction or outside it, iii any person for whose arrest a requisition has been received from a police officer provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made or it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition, iv any person designing to commit any heinous offence of which the village authority has knowledge, if the commission of offence cannot otherwise be prevented, v any person who obstructs the village authority in the performance of its functions under this act or rules made thereunder or a police officer while in the execution of his duty, and vi any person who has escaped, or attempts to escape, from lawful custody: provided that where a village authority is unable to arrest an offender it shall forthwith report the matter to the subdivisional magistrate who shall provide the village authority with such assistance as it requires: provided further that the village authority may pursue beyond the local limits of its jurisdiction any person who has committed a heinous offence or is a vagrant or of bad or suspicious character, and arrest such person outside the local limits of its jurisdiction with the consent of the village authority within the local limits of whose jurisdiction the person pursued is found c it shall give immediate information to the subdivisional magistrate of every unnatural, suspicious or sudden death which may occur, and of any heinous offence which may be committed, within the local limits of its jurisdiction and shall keep the subdivisional magistrate informed of all disputes which are likely to lead to a riot or serious affray and d it shall supply any information which any police officer or the subdivisional magistrate or the deputy commissioner may require from it. 2 no person who is arrested under this section shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest. 3 every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

section 17. of the manipur village authorities in hill areas act : 1 every person shall be bound to render, to a village authority performing the functions under this act, all the assistance which he is bound to render to a police officer under section 42 of the code of criminal procedure, 5 of , and every person who refuses or neglects to comply with any requisition for such assistance shall be punishable with fine may extend to a two hundred rupees, where the sentence passed by a village court or b five hundred rupees, where the sentence is passed by the court of a subdivisional magistrate. 2 against an order passed under subsection 1 an appeal shall lie a to the court of subdivisional magistrate, where the order is passed by a village court b to the court of session, where the order is passed by the court of the subdivisional magistrate, within period of thirty days from the date of such order or within such longer period as the appellate court may allow: provided that no appeal shall lie in any case in which a village court passes a sentence of fine not exceeding twenty rupees or in any case in which the court of a subdivisional magistrate passes a sentence of fine not exceeding one hundred rupees.

section 19. of the manipur village authorities in hill areas act : whenever a village authority has been constituted for any village, the chief commissioner may, by notification in the official gazette, appoint any two or more of the members of the village authority to be a village court during their term of office as members of the village authority.

section 20. of the manipur village authorities in hill areas act : notwithstanding anything contained in the code of criminal procedure, 5 of , the village court shall have jurisdiction concurrent with that of the criminal court within the local limits of whose jurisdiction the village is situated for the trial of all offences specified in the schedule.

section 23. of the manipur village authorities in hill areas act : if in any case before a village court the complainant fails to appear on the day fixed, or if in the opinion of the court he shows negligence in prosecuting his case, the court may dismiss the case for default, and such order of dismissal shall operate as an acquittal.

section 29. of the manipur village authorities in hill areas act : the deputy commissioner or the subdivisional magistrate, either on application made to him in this behalf, or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him.

section 24. of the manipur village authorities in hill areas act : 1 if the complaint is not dismissed, the village court shall, subject to the provisions of section 53, by summons or otherwise require the accused to appear and answer the complaint. 2 if the accused fails to appear or cannot be found, the court shall report the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the village court or release him on bail to appear before it. 3 the village court shall, if possible, try the case on the day on which the accused appears or is brought before it but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the trial may be adjourned.

section 22. of the manipur village authorities in hill areas act : 1 if upon the fact of the complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous vexatious or untrue, it shall dismiss the case by order in writing. 2 if at any time it appears to the village court a that it has no jurisdiction to cry the case, or b that the offence is one for which the sentence which the court is competent to pass would be inadequate, or c that the case is one which should not be tried by the court, it shall direct the complainant to the proper court.

section 30. of the manipur village authorities in hill areas act : notwithstanding anything contained in the code of civil procedure, 5 of , or in any other law for the time being in force, but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction to try the following classes of suits, namely: a suits for money due on contracts b suits for the recovery of movable property or the value of such property c suits for compensation for wrongfully taking or injuring movable property and d suits for damages by cattle trespass when the value of the suit does not exceed five hundred rupees.

section 25. of the manipur village authorities in hill areas act : notwithstanding anything contained in the code of criminal procedure, 5 of , there shall be no appeal by a convicted person in any case tried by a village court: provided that the deputy commissioner or the subdivisional magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or modify any order of conviction or of compensation made by a village court or direct the retrial of any case by a court of competent jurisdiction subordinate to him.

section 26. of the manipur village authorities in hill areas act : 1 a village court shall record its decision in writing and may sentence an offender convicted by it to pay a fine not exceeding two hundred rupees or in default to imprisonment for a term not exceeding one month. 2 when a village court imposes a fine under subsection 1, it may, when passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence. 3 when a person has been sentenced to imprisonment under subsection 1 in default of payment of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence: provided that notwithstanding anything contained in the indian penal code 45 of a the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section b the person serving his term of imprisonment shall be forthwith released, if the fine is paid before the expiry of the term of imprisonment: provided further that no woman shall be sentenced to imprisonment in default of payment of fine.

section 27. of the manipur village authorities in hill areas act : when any person is convicted by a village court of an offence punishable under section 26 and no previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient a that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition or b that the offender should be released on probation of good conduct, the village court may, notwithstanding anything contained in the code of criminal procedure, 5 of , instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding two hundred rupees to appear and receive sentence when called upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour.

section 32. of the manipur village authorities in hill areas act : no suit shall lie in any village court, unless at least one of the defendants resides within the local limits of its jurisdiction at the time of the institution of the suit, and the cause of action has arisen wholly or in part within those limits.

section 28. of the manipur village authorities in hill areas act : notwithstanding anything contained in the code of criminal procedure, 5 of , the village court may allow the parties to compound any offence tried by it.

section 31. of the manipur village authorities in hill areas act : no suit shall lie in any village court a on a balance of partnership account, b for a share or part of a share under an intestacy of for a legacy or part of a legacy under a will, c by or against the government or public officers in their official capacity, d by or against minors or persons of unsound mind. e for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of immovable property. f for recovery of immovable property, or g for enforcement or redemption of a mortgage of immovable property.

section 33. of the manipur village authorities in hill areas act : 1 a suit before a village court may be instituted by a petition made orally or in writing, and if the petition, is made orally, the court shall record such particulars as may be prescribed. 2 the plaintiff on instituting his suit shall state the value of the claim.

section 34. of the manipur village authorities in hill areas act : 1 if at any time the village court is of opinion that the suit is barred by limitation, the court shall, by order in writing, dismiss the suits. 2 if at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court shall direct the plaintiff to the proper court.

section 35. of the manipur village authorities in hill areas act : if in any suit before a village court the plaintiff fails to appear on the date fixed or if in the opinion of the court he shows negligence in prosecuting his suit, the court may dismiss the suit for default: provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed.

section 40. of the manipur village authorities in hill areas act : no village court shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim.

section 36. of the manipur village authorities in hill areas act : if on receiving the petition the village court is satisfied that the trial of the suit may be proceeded with, it shall by summons or otherwise require the defendant to appear and answer orally or in writing the claim made in the suit.

section 37. of the manipur village authorities in hill areas act : if the defendant fails to appear and the village court is satisfied that he has received notice of the date fixed for hearing, the court may decide the suit ex parte: provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order and the court, if satisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a day for proceeding with the suit.

section 44. of the manipur village authorities in hill areas act : if the plaintiff or defendant in any suit dies before the suit has been decided, the suit may, subject to the provisions of clause d of section 31, be proceeded with at the instance of or against the legal representatives of the deceased plaintiff or defendant, as the case may be.

section 38. of the manipur village authorities in hill areas act : no decision or order or a village court shall be set aside under section 35 or section 37 unless notice in writing has been served by the village court on the opposite party in the prescribed manner.

section 45. of the manipur village authorities in hill areas act : 1 in all suits instituted in a village court a fee of one anna in the rupee shall be payable in advance by the plaintiff on the amount of the claim upto fifty rupees, and of half anna for every rupee of the claim above fifty rupees, and such fees shall not be paid to either party. 2 if the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgementdebtor together with the amount decreed. 3 if the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgementdebtor together with the amount decreed. 4 any amount realised under subsection 2 or subsection 3 shall be paid to the decreeholder.

section 39. of the manipur village authorities in hill areas act : 1 subject to the provisions of clause c or clause d of section 31 the village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register: provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with. 2 in all cases where a new party appears under the proviso to subsection 1 during the trial of a suit, he may require that the trial shall begin de novo.

section 41. of the manipur village authorities in hill areas act : when the parties or their agents have been heard and the evidence on both sides considered, the village court shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts payable as fees under section 45, and the amount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable.

section 42. of the manipur village authorities in hill areas act : a village court in ordering the payment of a sum of money or the delivery of any movable property may direct that the money be paid or the movable property be delivered, by instalments.

section 43. of the manipur village authorities in hill areas act : the decision of a village court in any suit shall be final as between the parties to the suits: provided that the district judge may on application of any party to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court or by any other court subordinate to him if he is satisfied that there has been a failure of justice.

section 53. of the manipur village authorities in hill areas act : no woman shall, against her will, be compelled to appear in person before a village court as an accused or as a party or as a witness.

section 47. of the manipur village authorities in hill areas act : an application for execution of a decree of a village court made after the expiry of three years from the date of the decree or of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded: provided that where the application is made for execution of a decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date.

section 46. of the manipur village authorities in hill areas act : 1 if the village court passing a decree is unable to effect satisfaction thereof, it shall grant the decreeholder a certificate to that effect stating the amount due to him on account of the decree and the amount due on account of fees under section 45. 2 any decreeholder wishing to execute a decree of a village court may apply to the court of the munsiff within the local limits of whose jurisdiction the village is situated and shall present with his application a certified copy of the decree of the village court but no application for execution shall be entertained by the court of the munsiff, a unless the village court has certified that it is a unable to effect satisfaction of the decree, and b unless the application is made after the expiry of three months from the date of the decree. 3 in executing a decree of the village court the court of the munsiff shall have the same powers and shall follow the same procedure as if it were executing a decree passed by itself.

section 48. of the manipur village authorities in hill areas act : 1 the provisions of a the court fees act, 7 of , b the code of criminal procedure, 5 of , and c the code of civil procedure, 5 of , shall not apply to any trial or any criminal case or civil suit before a village court. 2 the procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this act. 3 the indian evidence act, 1 of shall not apply in the trial of any case or suit by a village court but the village court shall observe as far as possible the principles underlying that act.

section 49. of the manipur village authorities in hill areas act : 1 the village court shall be presided over by the chairman of the village authority if he is a member of the court. 2 if the chairman of the village authority is absent from a sitting of the village suit of if he is not a member of the court shall elect its own president. 3 in the case of difference of opinion among the members of the court the opinion of the majority shall prevail and the decisions and orders of the court shall be expressed in terms of the views of the majority. 4 in the case of an equality of votes the person presiding over the court shall have a second or casting vote.

section 50. of the manipur village authorities in hill areas act : no village court shall try any criminal case or any civil suit to or in which the village authority or any member thereof is a party or is interested.

section 52. of the manipur village authorities in hill areas act : 1 the parties to criminal cases triable by a village court shall appear personally before the court: provided that the village court, if it sees reason so to do, may dispense with the personal attendance of the accused and permit him to appear by agent. 2 the parties to civil suits triable by a village court may appear by agent. explanation.in subsection 1 and subsection 2, agent means a fulltime servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appear and plead for such party. 3 notwithstanding anything contained in any law, legal practitioners shall not be permitted to practice before a village court.

section 51. of the manipur village authorities in hill areas act : 1 subject to the provisions of section 53 a village court may by summons or otherwise send for any person to appear and give evidence or to produce or cause the production of any document. 2 a village court shall refuse to summon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness cannot be procured without an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable. 3 a village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one days attendance. 4 if any person whom a village court summons by written order to appear or give evidence or to produce any document before it, fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twentyfive rupees.

section 54. of the manipur village authorities in hill areas act : all fees and fines imposed, all sums decreed or compensation awarded and all sums due on bonds under this act may be realised under orders of the village court in such manner as may be prescribed.

section 55. of the manipur village authorities in hill areas act : every village court shall maintain registers and records and submit such returns as may be prescribed.

section 58. of the manipur village authorities in hill areas act : the manipur state hill peoples administration regulation, , in so far as it relates to the constitution and functions of village authorities and the administration of justice, both civil and criminal, by courts of village authorities, is hereby repealed: provided that the said repeal shall not affect a the previous operation of the said regulation, or b any right, privilege, obligation or liability acquired, accrued or incurred under the said regulation, or c any penalty, forfeiture or punishment in respect of any offence committed under the said regulation, or d any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture of punishment may be imposed as if this act had not been passed: provided further that subject to the above provisions, anything done or any action taken including any appointment or delegation made or any notification, instruction or direction issued or any rule, regulation or form made or framed under the said regulation shall in so far as such thing or action is not inconsistent with the provisions of this act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this act, unless and until it is superseded by anything done or any action taken under the provisions of this act.

section 57. of the manipur village authorities in hill areas act : 1 the chief commissioner may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the preparation, revision and final publication of electoral rolls for election of members of a village authority and the particulars to be entered in such rolls b the preliminary publication of electoral rolls in the village to which they relate c the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided d the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given e any other matter relating to elections to village authorities or election disputes arising therefrom f the regulation of the conduct of business of the village authorities and the number of members necessary to form a quorum g the registers and records to be maintained and the returns to be submitted by village authorities and village courts and the particulars to be entered in such registers, records and returns h the procedure to be followed by a village court in the institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court i the issue, service or execution of summons and other processes by village courts and the issue and service of notice by village authorities j the procedure for the transfer of criminal cases and civil suits from one village court to another village court or to any other court k the procedure for the execution of decrees, orders and sentences of village courts l the fees to be levied by village courts for copies of documents and the procedure to be followed in furnishing such copies and m any other mater which has to be or may be prescribed under this act.

section 56. of the manipur village authorities in hill areas act : all proceedings before a village court shall be manipuri.

section 5. of the government savings promotion act : 1any payment made in accordance with the foregoing provisions of this act shall be a full discharge from all further liability in respect of the money s o paid saving of right of executor. 2nothing herein contained precludes any executor or administrator, or other representative of the deceased, from recovering from the person receiving the same the amount remaining in his hands after deducting the amount of all debts or other demands lawfully paid or discharged by him in due course of administration. saving of right of creditor.3every creditor or claimant against the estate of the deceased may recover his debt or claim out of the money paid under this act, 4 to any person, and remaining in his hands unadministered, in the same manner and to the same extent as 5if that person had obtained letters of administration of the estate of the deceased. 1. subs, by act 45 of , s. 4 for such paymentic. 2. subs. by act 13 of , s. 121, for but nothing w.e.f. . 3. subs. by act 13 of , s. 121, for and any creditor w.e.f. . 4. of the words or the said act no. 26 of the words the said were omitted by act 12 of , s. 2 and sch. i, pt. i, and the remaining words by act 45 of , s. 4. 5. subs. by act 13 of , s. 121, for if the latter had obtained w.e.f. .

section 1. of the government savings promotion act : show related subordinates this act may be called the government savings 1promotion act, . local extent.it extends to 2the whole of india 3 . 4 1. subs. by s. 115, ibid., for banks w.e.f. . 2. subs. by the a.o., for all the provinces of india which had been subs, by the a. o. , for the whole of british india. 3. the words except the state of jammu anti kashmir which were subs. by act 3 of , for except part b states omitted by act 62 of , s. 2 and sch. 4. the commencement clause rep. by act 16 of , s. 1 and sch., pt. i.

section 3. of the government savings promotion act : 13. definitions.in this act, unless the context otherwise requires, a account means an account opened under any of the savings schemes b administrator means an administrator as defined in clause a of section 2 of the indian succession act, 39 of c authorised officer means i in the case of a post office savings bank, an officer authorised by the director general posts and ii in the case of state bank of india or a banking company or any other company or institution, an officer so authorised by state bank of india or that banking company or that other company or that institution, as the case may be d banking company means a banking company as defined in clause c of section 5 of the banking regulation act, 10 of e depositor means an individual by whom, or on whose behalf money has been deposited in a government savings bank and deposit means the money so deposited f executor means an executor as defined in clause c of section 2 of the indian succession act, 39 of g government savings bank means i a post office savings bank or ii state bank of india or a banking company, or any other company or institution, as the central government may, by notification in the official gazette, specify for the purposes of this act h guardian, in relation to a minor or a person of unsound mind means i either of the parents ii where neither parent is alive or where neither or the only living parent is incapable of acting as such, a person entitled under the law for the time being in force to have the care of the property of a minor or a person of unsound mind, as the case may be iii legal guardian appointed by a court i minor means a person who has not attained the age of majority under the indian majority act, 9 of j prescribed means prescribed by rules made under this act k savings schemes means the government savings schemes, including savings certificates and public provident fund scheme, listed in the schedule l schedule means the schedule annexed to this act. 1. subs. by act 13 of , s. 118, for section 3 w.e.f. .

section 4a. of the government savings promotion act : 14a. payment on death of depositor.1 if a depositor dies and there is in force at the time of the death of the depositor a nomination in favour of any person, the deposit shall be paid to the nominee. 2 where the nominee is a minor, the deposit shall be paid a in any case where a person has been appointed to receive it under subsection 3 of section 4, to that person and b where there is no such person, to the guardian of the minor for the use of the minor. 3 where a deposit is payable to two or more nominees and either or any of them is dead, the deposit shall be paid to the surviving nominee or nominees. 23a where the deposit belongs to a minor or to a person of unsound mind who dies and there is no nominee immediately before the date of commencement of part i of chapter viii of the finance act, , the deposit shall be paid to the guardian. 4 if a depositor dies and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or a succession certificate granted under the indian succession act, 39 of , is not within three months of the death of the depositor produced to the 3authorised officer of the government savings bank in which the deposit is, then a if the deposit does not exceed 4such limit as may be prescribed the 3authorised officer may pay the same to any person appearing to him to be entitled to receive it or to administer the estate of the 5deceased in accordance with such procedure as may be prescribed. 6 7 1. subs. by act 45 of , s. 3, for the former s. 4. 2. ins. by s. 120, ibid. w.e.f. . 3. subs. by s. 116, ibid., for secretary w.e.f. . 4. subs. by act 56 of , s. 2, for five thousand rupees. 5. subs. by act 13 of , s. 120, for deceased and w.e.f. . 6. clause b omitted by s. 120, ibid. w.e.f. . 7. subsection 5 omitted by s. 120, ibid. w.e.f. .

section 2. of the government savings promotion act : 2. act not to apply to deposits in anchal savings bank.omitted by the finance act, 13 of , s. 117 w.e.f. .

section 6. of the government savings promotion act : the 1authorised officer of 2a government savings bank may take such security as he thinks necessary from any person 3to whom he pays any money under subsection 4 of section 4a for the due administration of the money so paid, and he may assign the said security to any person interested in such administration. 1. subs. by act 13 of , s. 116, for secretary w.e.f. . 2. subs. by s. 122, ibid., for certain words w.e.f. . 3. subs. by act 45 of , s. 5, for to whom he pays any money under section 4.

section 7. of the government savings promotion act : for the purpose of ascertaining the right of the person claiming to be entitled as aforesaid, the 1authorised officer of 2a government savings bank may take evidence on oath or affirmation according to the law3 for the time being relating to oaths oaths and affirmations. penalty for false statements.any person who, upon such oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be deemed guilty of an offence under section 193 of the indian penal code 45 of . 1. subs. by act 13 of , s. 116, for secretary w.e.f. . 2. subs. by act 13 of , s. 123, for certain words w.e.f. . 3. see the indian oaths act, 10 of .

section 3b. of the government savings promotion act : 13b. deposit by minor.1 a minor who has attained the age of ten years may open and operate an account in the government savings bank, if so permitted under a savings scheme. 2 subject to the provisions of subsection 1, the guardian of a minor may open and operate an account on behalf of the minor, till he becomes a major. 1. subs. by act 13 of , s. 118, for section 3 w.e.f. .

section 8. of the government savings promotion act : where the amount of the deposit belonging to the estate of a deceased depositor does not exceed 1the prescribed limit such amount shall be excluded in computing the fee chargeable, under the courtfees act, 7 of , on the probate, or letters of administration, or certificate if any, granted in respect of his property2: provided that the person claiming such probate or letters or certificate shall exhibit to the court authorised to grant the same a certificate of the amount of the deposit in any government savings bank belonging to the estate of the deceased. such certificate shall be signed by the 3authority officer of such bank, and the court shall receive it as evidence of the said amount. 1. subs. by s. 125, ibid., for three thousand rupees w.e.f. . 2.cf. the savings bank act, 9 geo. 4, c. 92, s. 40, now rep. by the savings banks act, 26 and 27 viet., c. 87. 3. subs. by act 13 of , s. 116, for secretary w.e.f. .

section 3a. of the government savings promotion act : 13a. framing of savings schemes.1 the central government may, by notification in the official gazette, frame new savings schemes or amend or discontinue existing savings schemes to promote household savings in the country. 2 the central government may, by notification in the official gazette, include or omit or amend savings schemes in the schedule. 3 the notification referred to in subsection 1 may include any or all of the following provisions, depending on the design of such scheme, namely: a the persons who shall be eligible to make deposit in a savings scheme b the terms and conditions subject to which deposit may be made c the manner of calculation, frequency of payment and rate of interest payable on the deposit d the maximum and minimum limits of deposit e premature closure, withdrawal of deposit, grant of loans against deposit and transfer of deposit f any other provision depending on the purpose and design of the savings scheme. 1. subs. by act 13 of , s. 118, for section 3 w.e.f. .

section 10. of the government savings promotion act : any deposit made by, 1or on behalf of, a minor, may be paid to him personally, if he made the deposit, or to his guardian 2for the use of such minor, if the deposit was made by any person other than the minor, together with the interest accrued thereon. the 3receipt of the minor or guardian, for money paid to him under this section, shall be a sufficient discharge therefor. 1. subs. by act 13 of , s. 126, for dor on behalf of, any minor w.e.f. . 2. subs. by s. 126, ibid., for for his use w.e.f. . 3. subs. by s. 126, ibid., for receipt of any minor w.e.f. .

section 4. of the government savings promotion act : 14. nomination by depositor.21 the depositors shall designate one or more individuals, as nominee or nominees, who shall be entitled, in the event of the death of the depositor of a single account, or all the depositors of a joint account, as the case may be, to receive the sum due, as an owner or a trustee, and to the extent, as may be specified by the depositor at the time of making nomination: provided that if the depositor is a minor or a person of unsound mind, the nominee shall be designated by the guardian. 2 any nomination referred to in subsection 1 shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease the depositor. 3 where the nominee is a minor it shall be lawful for the depositor to appoint in the prescribed manner any person to receive the deposit in the event of his death during the minority of the nominee. 34 the transfer of deposit, if permitted under a savings scheme, shall automatically cancel a nomination previously made. 1. subs. by act 45 of , s. 3, for the former s. 4. 2. subs. by act 13 of , s. 119, for subsection 1 w.e.f. . 3. ins. by act 13 of , s. 119 w.e.f. .

section 12. of the government savings promotion act : show related subordinates if any depositor becomes insane or otherwise incapable of managing his affairs, and if such insanity or incapacity is proved to the satisfaction of the 1authorised officer of the 2government savings bank in which his deposit may be, such 1authorised officer may, from time to time, make payments out of the deposit to 3guardian, and the receipt of 4such guardian, for money paid under this section, shall be a sufficient discharge therefor, where a committee or manager of the depositors estate has been duly appointed, 5payments shall be be made t such committee or manager. 1. subs. by act 13 of , s. 116, for secretary w.e.f. . 2. subs. by s. 127, ibid., for bank w.e.f. . 3. subs. by s. 127, ibid., for any proper person w.e.f. . 4. subs. by s. 127, ibid., for such person w.e.f. . 5. subs. by s. 127, ibid., for nothing in this section authorises payments to any person other than w.e.f. .

section 7a. of the government savings promotion act : 17a. power to call for informationthe central government through any designated authority, may call for such information, documents and evidence as it may deem necessary, in relation to any account, for carrying out the purposes of this act. 1. ins. by act 13 of , s. 124 w.e.f. .

section 9. of the government savings promotion act : act not to apply to deposits belonging to estates of european soldiers or deserters. rep. by the government savings banks amendment act, 45 of , s. 7.

section 11. of the government savings promotion act : legalization of like payments heretofore made. rep. by the government savings banks amendment act, 45 of , s. 7.

section 13. of the government savings promotion act : payment of married womens deposits. omitted by the finance act, 13 of , s. 130 w.e.f. . 1. subs. by act 45 of , s. 8, for the indian succession act, , section 4.

section 16. of the government savings promotion act : 116. repeal and savings.1 the government savings certificates act, 46 of and the the public provident fund act, 23 of are hereby repealed. 2 notwithstanding such repeal and without prejudice to the provisions contained in the general clauses act, 10 of , with respect to repeals a anything done or any action taken or purported to have been done or taken, including any rule, notification, order or notice made or issued or any direction given under the repealed enactments shall be deemed to have been done or taken under the corresponding provisions of this act b subject to the provisions of clause a, any instrument executed or certificate issued, or anything done under or in pursuance of any repealed enactment shall, if is in force at the commencement of part i of chapter viii of the finance act, , continue to be in force in so far as it could have been executed, or issued or done under or in pursuance of such part, shall have effect as if the same has been executed, issued or done under or in pursuance of the provisions contained in the aforesaid part c all deposits made or accounts or certificates held under the repealed enactments shall be deemed to be deposits or holdings in the savings scheme made under the corresponding provisions of this act and d any proceeding under the repealed enactments pending immediately before the commencement of part i of chapter viii of the finance act, before any court shall, subject to the provisions of this act, continue to be heard and disposed of by the said court. 3 the repeal shall not prejudicially affect the interest of depositors who, before the commencement of part i of chapter viii of the finance act, , made deposits or were issued certificates or made contribution to any scheme under the repealed enactments. 1. ins. by act 13 of , s. 134 w.e.f. .

section 12a. of the government savings promotion act : 112a. operation of account by differently abled persons.any depositor who suffers from physical infirmity, including blindness may operate and make a deposit through any literate individual whom he authorises. 1. ins. by s. 128, ibid. w.e.f. .

section 14. of the government savings promotion act : no suit or other legal proceeding shall lie against the 1authorised officer or any other officer of the 2central government in respect of anything which is in good faith done or intended to be done under this act. 1. subs. by act 13 of , s. 116, for secretary w.e.f. . 2 .subs. by act 13 of , s. 131, for government w.e.f. .

section 15. of the government savings promotion act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1 2b the conditions as to interest or discount relating to deposits generally, or any class of deposits in particular c the nonaccrual of interest on deposits when the maximum limits are exceeded and the recovery of any interest paid in excess in the same manner as an arrear of land revenue or in any other manner d the persons to whom and the manner in which deposits may be paid e the form of nominations, the manner in which, the persons in whose favour and the conditions and restrictions subject to which, nominations may be made and the registration of nominations f the variation or cancellation of nominations 3g the fees that may be levied for discharge of any services under this act h the manner in which any person may be appointed for the purpose of subsection 3 of section 4 4i the limit and procedure under clause a of subsection 4 of section 4a j the mode of making deposits, such as physical, electronic or through use of any other tools of communication and information technology k benchmark for interest rates on deposits with a view to ensure financial sustainability of savings schemes l amount to be excluded in computing the court fee chargeable under the courtfees act, 7 of for the purpose of section 8 of the act m mechanism for redressal of grievances and settlement of disputes n any other matter which is required to be or may be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 5in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. clause a omitted by s. 133, ibid. w.e.f. . 2. subs. by s. 133, ibid., for clause b w.e.f. . 3. subs. by act 13 of , s. 133, for clause g w.e.f. . 4. subs. by s. 133, ibid., for clause i w.e.f. . 5. subs. by act 20 of , s. 2 and sch. w.e.f. .

section 14a. of the government savings promotion act : 114a. protection against attachment.the amount standing to the credit of any depositor in the public provident fund scheme shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the depositor. 1. ins. by s. 132, ibid. w.e.f. .

section 4. of the united nations privileges and immunities act : 11 the central government may 2by notification in the official gazette make rules for carrying out the purposes of this act. 22 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 4 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 1. of the united nations privileges and immunities act : show related subordinates this act may be called the united nations privileges and immunities act, .

section 3. of the united nations privileges and immunities act : show related subordinates where in pursuance of any international agreement, convention or other instrument it is necessary to accord to any international organisation and its representatives and officers privileges and immunities in india similar to those contained in the provisions set out in the schedule, the central government may, by notification in the official gazette, declare that the provisions set out in the schedule shall, subject to such modification, if any it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the international organisation specified in the notification and its representatives and officers, and thereupon the said provisions shall apply accordingly and, notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in india.

section 2. of the united nations privileges and immunities act : 1 notwithstanding anything to the country contained in any other law, the provisions set out in the schedule to this act of the convention on the privileges and immunities, adopted by the general assembly of the united nations on the 13th day of february, , shall have the force of law in india. 2 the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein.

section 7a. of the central road and infrastructure fund act : 17a. apportionment of share of fund by committee.the share of the fund to be apportioned to each of infrastructure projects shall be finalised by a committee, constituted by the central government by notification published in the official gazette, headed by the finance minister, depending on the priorities of the project. 1. ins. by s. 206, ibid w.e.f..

section 1. of the central road and infrastructure fund act : 1 this act may be called the 1central road and infrastructure fund act, . 2 it extends to the whole of india. 3 save as otherwise provided in this act, it shall be deemed to have come into force on the 1st day of november, . 1. subs. by s. 206, ibid., for central road w.e.f. .

section 7. of the central road and infrastructure fund act : show related subordinates 11 the fund shall be utilised for the i development and maintenance of national highways ii development of the rural roads iii development and maintenance of other state roads including roads of interstate and economic importance 2iv construction of roads either under or over the railways by means of bridges and erection of safety works at unmanned railroad crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines and v undertaking other infrastructure projects. explanation.for the purposes of this act, the expression infrastructure projects means the category of projects and infrastructure subsectors specified in schedule ii. 32 the central government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the official gazette, amend schedule ii relating to any category of projects or infrastructure subsectors. 3 every notification issued under this act by the central government shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. section 7 renumbered as subsection 1 thereof by act 13 of , s. 206 w.e.f. . 2. subs. by s. 206, ibid., for clauses iv and v w.e.f. . 3. ins. by s. 206, ibid w.e.f..

section 2. of the central road and infrastructure fund act : in this act, unless the context otherwise requires, a appointed day means the date on which the fund is established under subsection 1 of section 6 b cess means a duty in the nature of duty of excise and customs, imposed and collected on motor spirit commonly known as petrol and high speed diesel oil for the purposes of this act c fund means the central 1 road and infrastructure fund subsection 1 of section 6 d national highways means the highways specified in the schedule to the national highways act, 48 of or any other highway declared as national highway under subsection 2 of section 2 of the said act e national highways authority of india means an authority constituted under subsection 1 of section 3 of the national highways authority of india act, 68 of 2 f prescribed means prescribed by rules made under this act. 1. subs. by s. 206, ibid., for road fund w.e.f. . 2. clause e omitted by s. 206, ibid, w.e.f. .

section 8. of the central road and infrastructure fund act : 1 the concerned departments of the central government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balancesheet in respect of allocations of their shares of fund in such form, as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the fund shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him.

section 3. of the central road and infrastructure fund act : 13. levy and collection of cess.1 with effect from such date as the central government may, by notification in the official gazette, specify, there shall be levied and collected, as a cess, a duty of excise and customs for the purposes of this act, on every item specified in column 2 of the 2schedule i, which is produced in or imported into india and a removed from a refinery or a factory or an outlet or b transferred by the person, by whom such item is produced or imported, to another person, at such rates not exceeding the rate set forth in the corresponding entry in column 3 of the schedule, as 3the central government may, by notification in the official gazette, specify: 4 5provided that the additional duty of customs and the additional duty of excise on motor spirit commonly known as petrol and on high speed diesel oil levied under subsection 1 of section 109 and subsection 1 of section 110, as the case may be, of the finance act, shall be deemed to be the cess for the purposes of this act from the date of its levy and the proceeds thereof shall be credited to the fund. 2 every cess leviable under subsection 1 on any item shall be payable by the person by whom such item is produced, and in the case of imports, the cess shall be imposed and collected on items so imported and specified in the schedule. 3 the cess leviable under subsection 1 on the items specified in the schedule shall be in addition to any cess or duty leviable on those items under any other law for the time being in force. 4 the provisions of the central excise act, 1 of and the rules made thereunder and the provisions of the customs act, 52 of and the rules made thereunder, as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cessleviable under this section and for this purpose, the provisions of the central excise act, and of the customs act, , as the case may be, shall have effect as if the aforesaid acts provided for the levy of cess on all items specified in the schedule. . subs. by s. 206, ibid., for heading w.e.f. . 2. subs. by s. 206, ibid., for schedule w.e.f. . 3. omitted by act 13 of , s. 206, for not exceeding the rate set forth in the corresponding entry in column 3 of the schedule w.e.f. . 4. the first proviso omitted by s. 206, ibid w.e.f. . 5. subs. by s. 206, ibid, for the second proviso w.e.f. .

section 4. of the central road and infrastructure fund act : the proceeds of the cess levied under section 3 shall first be credited to the consolidated fund of india, and the central government may, if parliament by appropriation made by law in this behalf so provides, credit such proceeds to the fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of this act.

section 9. of the central road and infrastructure fund act : 19. powers of central government to administer the fund.2the central government shall have the power to administer the fund and shall a take such decisions regarding investment on projects of roads and other infrastructure as it considers necessary b take such measures as may be necessary to raise funds for the development and maintenance of roads and other infrastructure. 1. subs. by s. 206, ibid., for heading management of central road fund w.e.f. . 2. subs. by s. 206, ibid, for section 9 w.e.f. .

section 5. of the central road and infrastructure fund act : show related subordinates the central government may, after due appropriation made by parliament by law in this behalf, credit by way of grants or loans such sums of money as the central government may consider necessary in the fund.

section 13. of the central road and infrastructure fund act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the central road and infrastructure fund act : 6. establishment of central 1road and infrastructure fund.1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act, a fund to be called as the central 1road and infrastructure fund. 2 the fund shall be under the control of the central government and there shall be credited thereto a any sums of money paid under section 4 or section 5 b unspent part of the cess, being already levied for the purposes of the development and maintenance of national highways c the sums, if any, realised by the central government in carrying out its functions or in the administration of this act d any fund provided by the central government for the development and maintenance of state roads. 3 the balance to the credit of the fund shall not lapse at the end of the financial year. 1. subs. by s. 206, ibid, for road fund w.e.f. .

section 15. of the central road and infrastructure fund act : 1 the central road fund ordinance, ord. 5 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the central road and infrastructure fund act : 11 the share of the fund to be spent on development and maintenance of roads shall be allocated in such manner as may be decided by the committee referred to in section 7a. 2 the portion of the fund allocated for expenditure in the various states and union territories shall be retained by the central government until it is actually required for expenditure. 3 if in the opinion of the central government, the government of any state or the administration of any union territory has at any time a failed to take such steps as the central government may recommend for the regulation and control of motor vehicles within the state or the union territory or b delayed without reasonable cause the application of any portion of the fund allocated or reallocated, as the case may be, for expenditure within the state or union territory, the central government may resume the whole or part of any sums which it may have at that time held for expenditure in that state or the union territory. 4 all sums resumed by the central government from the account of any state government or union territory administration as aforesaid shall be reallocated between the credit accounts of the defaulting and other state governments and union territory administrations in the ratio of the main allocation for the financial year preceding the year in which the reallocation is made. 5 the balance to the credit of the fund in respect of any allocation shall not lapse at the end of the financial year. 1. subs. by act 13 of , s. 206, for subsection 1 w.e.f. . .

section 10. of the central road and infrastructure fund act : 11 the central government shall be responsible for the i administration and management of the share of fund allocated to the development and maintenance of the 2 roads and other infrastructure ii coordination and complete and timely utilisation of all sums allocated out of the fund 3 iv formulation of criteria on the basis of which the specific projects of state roads of interstate and economic importance are to be approved and financed out of share of state roads 4v release of funds to the states for specific projects and monitoring of such projects and expenditure incurred thereon vi formulation of the criteria for allocation of the funds for development and maintenance of national highways and other infrastructure projects vii allocation of share of funds to each state and union territory specified in the first schedule to the constitution 5 62 notwithstanding anything contained in clause viii of subsection 1, the central government shall, with effect from the 1st day of march, , allocate fifty paise from the amount of rupee two as amended by sections 119 and 120 of the finance act, as the additional duty of customs and the additional duty of excise on petrol, levied under subsection 1 of section 103 and subsection 1 of section 111, as the case may be, of the finance no. 2 act, 21 of and the additional duty of customs and the additional duty of excise on high speed diesel oil levied under subsection 1 of section 116 and subsection 1 of section 133, as the case may be, of the finance act, 27 of , exclusively for the development and maintenance of national highways. 1. section 10 numbered as subsection 1 thereof by 18 of , s. 121 w.e.f. . 2. subs. by act 13 of , s. 206, for national highways w.e.f. . 3. clause iii omitted by s. 206, ibid. w.e.f. . 4. subs. by s. 206, ibid., for clause v and vi w.e.f. . 5. clause viii omitted by s. 206, ibid. w.e.f. . 6. ins. by act 18 of , s. 121 w. e. f. .

section 12. of the central road and infrastructure fund act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a specify 1the type of projects in respect of which the funds may be disbursed under section 7 b the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balancesheet under subsection 1 of section 8 c the manner in which the schemes for development and maintenance of state roads of interstate and economic importance are to be formulated and sanctioned under section 10 2 d any other matter for which rule is to be made, or may be, prescribed. 1. subs. by act 13 of , s. 206 for the projects w.e.f. 2. the words and figures under section 10 omitted by s. 206, ibid. w.e.f. .

section 14. of the central road and infrastructure fund act : 14. provisions relating to existing central 1road and infrastructure fund.with effect from the appointed day the central road fund governed by the parliamentary resolution dated the 13th may, hereafter referred to in this section as the existing fund shall be deemed to be the fund established under this act and, a all schemes relating to development and maintenance of national 2highways, state roads and other infrastructure sanctioned under the existing fund in so far as such schemes are relatable to the schemes under this act, shall be deemed to be the schemes sanctioned under this act b all funds accrued under the existing fund including assets and liabilities shall be transferred to the fund established under this act. 1. subs. by act 13 of , s. 206, for road fund w.e.f. . 2. subs. by s. 206, ibid, for highways and state roads w.e.f. .

section 3. of the foreign aircraft exemption from taxes and duties on fuel and lubricants act : where, in pursuance of the convention or agreement with any other country or countries, it is necessary to grant exemption from levy of taxes and duties on fuel and lubricants filled into receptacles forming part of any aircraft of any other country or countries under any law of a state or union territory in india, the central government may, by notification in the official gazette, make such provisions as may be necessary for giving effect to the said convention or agreement and thereupon the said provision shall apply accordingly and, notwithstanding anything contrary contained in any other law, shall in such application have the force of law in india.

The Foreign Aircraft (Exemption from Taxes and Duties on Fuel and Lubricants) Act, 2002

section 1. of the foreign aircraft exemption from taxes and duties on fuel and lubricants act : 1 this act may be called the foreign aircraft exemption from taxes and duties on fuel and lubricants act, . 2 it extends to the whole of india.

section 2. of the foreign aircraft exemption from taxes and duties on fuel and lubricants act : in this act, unless the context otherwise requires, a agreements means the air services agreements or air transport agreements entered into by india with parties to the convention b convention means the convention on international civil aviation opened for signatures at chicago on the 7th december, .

section 8. of the pharmacy act : 18. staff, remuneration and allowances.the central council shall a appoint a registrar who shall act as the secretary to that council and who may also, if deemed expedient by that council, act as the treasurer thereof b appoint such other officers and servants as that council deems necessary to enable it to carry out its functions under this act c require and take from the registrar, or any other officer or servant, such security for the due performance of his duties as that council may consider necessary and d with the previous sanction of the central government, fix i the remuneration and allowances to be paid to the president, vicepresident, and other members of that council, ii the pay and allowances and other conditions of service of officers and servants of that council. 1. subs. by act 70 of , s. 6, for section 8 w.e.f. .

section 1. of the pharmacy act : 1 this act may be called the pharmacy act, . 12 it extends to the whole of india 2. 3 it shall come into force at once, but chapters iii, iv and v shall take effect in a particular state from such date 3 as the state government may, by notification in the official gazette, appoint in this behalf: 4provided that where on account of the territorial changes brought about by the reorganisation of states on the 1st day of november, , chapters iii, iv and v have effect only in a part of a state, the said chapters shall take effect in the remaining part of that state from such date as the state government may in like manner appoint. 1. subs. by act 24 of , s. 2, for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. the words not later than three years from the commencement of this act, omitted by s. 2, ibid. w.e.f. . 4. ins. by s. 2, ibid. w.e.f. .

section 7. of the pharmacy act : 1 subject to the provisions of this section, a nominated or elected member 1 shall hold office for a term of five years from the date of his nomination or election or until his successor has been duly nominated or elected, whichever is longer. 2 a nominated or elected member may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall thereupon become vacant. 3 a nominated or elected member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the central council, from three consecutive meetings of the central council or if he is elected under clause a, c or g of section 3, if he ceases to be a member of the teaching staff, medical council of india or a registered pharmacist, as the case may be. 4 a casual vacancy in the central council shall be filled by fresh nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected. 5 no act done by the central council shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the central council. 6 members of the central council shall be eligible for re nomination or reelection. 1. the words other than a nominated president omitted ibid., s. 5 w.e.f. .

section 2. of the pharmacy act : in this act, unless there is anything repugnant in the subject or context, a agreement means an agreement entered into under section 20 b approved means approved by the central council under section 12 or section 14 1c central council means the pharmacy council of india constituted under section 3 d central register means the register of pharmacists maintained by the central council under section 15a da executive committee means the executive committee of the central council or of the state council, as the context may require e indian university means a university within the meaning of section 3 of the university grants commission act, 3 of , and includes such other institutions, being institutions established by or under a central act, as the central government may, by notification in the official gazette, specify in this behalf 2f medical practitioner means a person i holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 7 of , or specified in the schedules to the indian medical council act, of or ii registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine or iii registered in a medical register of a state, who, although not falling within subclause i or subclause ii is declared by a general or special order made by the state government in this behalf as a person practising the modern scientific system of medicine for the purposes of this act or iv registered or eligible for registration in the register of dentists for a state under the dentists act, or v who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the state government g prescribed means in chapter ii prescribed by regulations made under section 18, and elsewhere prescribed by rules made under section 46 3h register means a register of pharmacists prepared and maintained under chapter iv i registered pharmacist means a person whose name is for the time being entered in the register of the state in which he is for the time being residing or carrying on his profession or business of pharmacy j state council means a state council of pharmacy constituted under section 19, and includes a joint state council of pharmacy constituted in accordance with an agreement under section 20 k university grants commission means the university grants commission established under section 4 of the university grants commission act, 3 of . 4 1. subs. by act 70 of , s. 2, for clauses c, d and e w.e.f. . 2. subs. by act 24 of , s. 3, for clause f w.e.f. . 3. subs. by act 70 of , s. 2, for clauses h, i and j w.e.f. . 4. omitted by act 24 of , s. 3 w.e.f. .

section 5. of the pharmacy act : 1 the president and vicepresident of the central council shall be elected by the members of the said council from among themselves. 1 2 2the president or vicepresident shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as member of the central council, but subject to his being a member of the central council, he shall be eligible for reelection: 3provided that if his term of office as a member of the central council expires before the expiry of the full term for which he is elected as president or vicepresident, he shall, if he is reelected or renominated as a member of the central council, continue to hold office as president or vicepresident for the full term for which he is elected to such office. 1. the proviso omitted by act 24 of , s. 5 w.e.f. . 2. subs. by act 7 of , s. 4, for an elected president w.e.f. . 3. added by s. 4, ibid. w.e.f. .

section 3. of the pharmacy act : the central government shall, as soon as may be, constitute a central council consisting of the following members, namely: a six members, among whom there shall be at least one teacher of each of the subjects, pharmaceutical chemistry, pharmacy, pharmacology and pharmacognosy elected by the 1university grants commission from among persons on the teaching staff of an indian university or a college affiliated thereto which grants a degree or diploma in pharmacy b six members, of whom at least 2four shall be person possessing a degree or diploma in, and practising pharmacy or pharmaceutical chemistry, nominated by the central government c one member elected from amongst themselves by the members of the medical council of india d the director general, health services, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so 3dd the drugs controller, india, ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so e the director of the central drugs laboratory, ex officio 4f a representative of the university grants commission and a representative of the all india council for technical education g one member to represent each 5 state elected 6from amongst themselves by the members of each state council, who shall be a registered pharmacist h one member to represent each 5 state nominated by 7the state government, who shall be 8 a registered pharmacist: 9provided that for five years from the date on which the pharmacy amendment act, 70 of , comes into force the government of each union territory shall, instead of electing a member under clause g, nominate one member, being a person eligible for registration under section 31, to represent that territory. 10 1. subs. by act 70 of , s. 3, for authority known as the interuniversity board w.e.f. . 2. subs. by s. 3, ibid., for three w.e.f. . 3. ins. by act 24 of , s. 4 w.e.f. . 4 subs. by act 70 of , s. 3, for clause f w.e.f. . 5. the word and letter part a omitted by the adaptation of laws no. 3 order, . 6. ins. by act 70 of , s. 3 w.e.f. . 7. subs. by the adaptation of laws no. 3 order, , each such. 8. the words either a registered medical practitioner or omitted by act 70 of , s. 3 w.e.f. . 9. subs. by s. 3, ibid., for the proviso w.e.f. . 10. the explanation omitted by s. 3, ibid. w.e.f. .

section 6. of the pharmacy act : elections under this chapter shall be conducted in the prescribed manner and where any dispute arises regarding any such election it shall be referred to the central government whose decision shall be final.

section 4. of the pharmacy act : the council constituted under section 3 shall be a body corporate by the name of the pharmacy council of india, having perpetual succession and a common seal, with power to acquire and hold property both movable and immovable, and shall by the said name sue and be sued.

section 12. of the pharmacy act : 1 any authority in a state 1 which conducts a course of study for pharmacists may apply to the central council for approval of the course, and the central council, if satisfied, after such enquiry as it thinks fit to make, that the said course of study is in conformity with the education regulations, shall declare the said course of study to be an approved course of study for the purpose of admission to an approved examination for pharmacists. 2 any authority in a state 1 which holds an examination in pharmacy may apply to the central council for approval of the examination, and the central council, if satisfied, after such enquiry as it thinks fit to make, that the said examination is in conformity with the education regulations, shall declare the said examination to be an approved examination for the purpose of qualifying for registration as a pharmacist under this act. 3 every authority in the states 1 which conducts an approved course of study or holds an approved examination shall furnish such information as the central council may, from time to time, require as to the courses of study and training and examination to be undergone, as to the ages at which such courses of study and examination are required to be undergone and generally as to the requisites for such courses of study and examination. 1. the words of india omitted by the a.o. .

section 9. of the pharmacy act : 1 the central council shall, as soon as may be, constitute an executive committee consisting of the president who shall be chairman of the executive committee and vicepresident, ex officio, and five other members elected by the central council from amongst its members. 2 a member of the executive committee shall hold office as such until the expiry of his term of office as member of the central council, but, subject to his being a member of the central council, he shall be eligible for reelection. 3 in addition to the powers and duties conferred and imposed upon it by this act the executive committee shall exercise and discharge such powers and duties as may be prescribed.

section 14. of the pharmacy act : the central council, if it is satisfied that any qualification in pharmacy granted by an authority outside the 1territories to which this act extends, affords a sufficient guarantee of the requisite skill and knowledge, may declare such qualification to be an approved qualification for the purpose of qualifying for registration under this act, and may for reasons appearing to it sufficient at any time declare that such qualification shall be deemed 2subject to such additional conditions, if any, as may be specified by the central council, to be approved only when granted before or after a specified date: provided that no person other than a 3citizen of india possessing such qualification shall be deemed to be qualified for registration unless by the law and practice of the state or country in which the qualification is granted, persons of indian origin holding such qualification are permitted to enter and practise the profession of pharmacy. 1. subs. by the adaptation of laws no. 3 order, , for part a states and part c states 2. ins. by act 70 of , s. 8 w.e.f. . 3. subs. by the a.o. , for british subject of indian domicile.

section 9a. of the pharmacy act : 19a. other committees.1 the central council may constitute from among its members other committees for such general or special purposes as that council may deem necessary and for such periods not exceeding five years as it may specify, and may coopt for a like period persons, who are not members of the central council, as members of such committees. 2 the remuneration and allowances to be paid to the members of such committees shall be fixed by the central council with the previous sanction of the central government. 3 the business before such committees shall be conducted in accordance with such regulations as may be made under this act. 1. ins. by s. 7, ibid. w.e.f. .

section 15. of the pharmacy act : all declarations under section 12, section 13 or section 14 shall be made by resolution passed at a meeting of the central council, and shall have effect as soon as they are published in the official gazette.

section 10. of the pharmacy act : show related subordinates 1 subject to the provisions of this section, the central council may, subject to the approval of the central government, make regulations, to be called the education regulations, prescribing the minimum standard of education required for qualification as a pharmacist. 2 in particular and without prejudice to the generality of the foregoing power, the education regulations may prescribe a the nature and period of study and of practical training to be undertaken before admission to an examination b the equipment and facilities to be provided for students undergoing approved courses of study c the subjects of examination and the standards therein to be attained d any other conditions of admission to examinations. 3 copies of the draft of the education regulations and of all subsequent amendments thereof shall be furnished by the central council to all state governments, and the central council shall before submitting the education regulations or any amendment thereof, as the case may be, to the central government for approval under subsection 1 take into consideration the comments of any state government received within three months from the furnishing of the copies as aforesaid. 4 the education regulations shall be published in the official gazette and in such other manner as the central council may direct. 5 the executive committee shall from time to time report to the central council on the efficacy of the education regulations and may recommend to the central council such amendments thereof as it may think fit.

section 11. of the pharmacy act : at any time after the constitution of the state council under chapter iii and after consultation with the state council, the state government may, by notification in the official gazette, declare that the education regulations shall take effect in the state: provided that where no such declaration has been made, the education regulations shall take effect in the state on the expiry of three years from the date of the constitution of the state council.

section 13. of the pharmacy act : 1 where the executive committee reports to the central council that an approved course of study or an approved examination does not continue to be in conformity with the education regulations, the central council shall give notice to the authority concerned of its intention to take into consideration the question of withdrawing the declaration of approval accorded to the course of study or examination, as the case may be, and the said authority shall within three months from the receipt of such notice forward to the central council through the state government such representation in the matter as it may wish to make. 2 after considering any representation which may be received from the authority concerned and any observations thereon which the state government may think fit to make, the council may declare that the course of study or the examination shall be deemed to be approved only when completed or passed, as the case may be, before a specified date.

section 15a. of the pharmacy act : 115a. the central register.1 the central council shall cause to be maintained in the prescribed manner a register of pharmacists to be known as the central register, which shall contain the names of all persons for the time being entered in the register for a state. 2 each state council shall supply to the central council five copies of the register for the state as soon as may be after the first day of april of each year, and the registrar of each state council, shall inform the central council, without delay, all additions to, and other amendments in, the register for the state made from time to time. 3 it shall be the duty of the registrar of the central council to keep the central register in accordance with the orders made by the central council, and from time to time to revise the central register and publish it in the gazette of india. 4 the central register shall be deemed to be public document within the meaning of the indian evidence act, 1 of and may be proved by the production of a copy of the register as published in the gazette of india. 1. ins. by act 70 of , s. 9 w.e.f. .

section 15b. of the pharmacy act : 115b. registration in the central register.the registrar of the central council shall, on receipt of the report of registration of a person in the register for a state, enter his name in the central register. 1. ins. by act 70 of , s. 9 w.e.f. .

section 20. of the pharmacy act : 1 two or more state governments may enter into an agreement to be in force for such period and to be subject to renewal for such further periods, if any, as may be specified in the agreement, to provide a for the constitution of a joint state council for all the participating states, or b that the state council of one state shall serve the needs of the other participating states. 2 in addition to such matters as are in this act specified, an agreement under this section may a provide for the apportionment between the participating states of the expenditure in connection with the state council or joint state council b determine which of the participating state governments shall exercise the several functions of the state government under this act, and the references in this act to the state government shall be construed accordingly c provide for consultation between the participating state governments either generally or with reference to particular matters arising under this act d make such incidental and ancillary provisions, not inconsistent with this act, as may be deemed necessary or expedient for giving effect to the agreement. 3 an agreement under this section shall be published in the official gazettes of the participating states.

section 16. of the pharmacy act : 1 the executive committee may appoint such number of inspectors as it may deem requisite for purposes of this chapter. 2 an inspector may a inspect any institution which provides an approved course of study b attend at any approved examination c inspect any institution whose authorities have applied for the approval of its course of study or examination under this chapter, and attend at any examination of such institution. 3 an inspector attending at any examination under subsection 2 shall not interfere with the conduct of the examination, but he shall report to executive committee on the sufficiency of every examination he attends and on any other matter in regard to which the executive committee may require him to report. 4 the executive committee shall forward a copy of every such report to the authority or institution concerned, and shall also forward a copy together with any comments thereon which the said authority or institution may have made, to the central government and to the government of the state in which the authority or institution is situated.

section 17. of the pharmacy act : 1 the central council shall furnish copies of its minutes and of the minutes of the executive committee and an annual report of its activities 1 to the central government. 2 the central government may publish in such manner as it may think fit any report, 2or copy, furnished to it under this section or under section 16. 1. the words together with an abstract of its accounts omitted by s. 10, ibid. w.e.f. . 2. subs. by act 70 of , s. 10, for copy or abstract w.e.f. .

section 17a. of the pharmacy act : 117a. accounts and audit.1 the central council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in accordance with such general directions as may be issued and in such form as may be specified by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the central council shall be audited annually by the comptroller and auditorgeneral of india or any person authorised by him in this behalf and any expenditure incurred by him or any person so authorised in connection with such audit shall be payable by the central council to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person authorised by him in connection with the audit of the accounts of the central council shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers. 4 the accounts of the central council as certified by the comptroller and auditorgeneral of india or any person authorised by him in this behalf together with the audit report thereon shall be forwarded annually to the central council which shall forward the same with its comments to the central government. 1. ins. by s. 11, ibid. w.e.f. .

section 18. of the pharmacy act : show related subordinates 1 the central council may, with the approval of the central government, 1by notification in the official gazette, make regulations consist with this act to carry out the purposes of this chapter. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for 2a the management of the property of the central council b the manner in which elections under this chapter shall be conducted c the summoning and holding of meetings of the central council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum d the functions of the executive committee, the summoning and holding meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum e the powers and duties of the president and vicepresident f the qualifications, the term of office and the powers and duties of the 3registrar, secretary, inspectors and other officers and servants of the central council, including the amount and nature of the security to be furnished by the 4registrar or any other officer or servant. 5g the manner in which the central register shall be maintained and given publicity h constitution and functions of the committees other than executive committee, the summoning and holding of meetings thereof, the time and place at which such meetings shall be held, and the number of members necessary to constitute the quorum. 3 until regulations are made by the central council under this section, the president may, with the previous sanction of the central government, make such regulations under this section, including those to provide for the manner in which the first elections to the central council shall be conducted, as may be necessary for carrying into effect the provisions of this chapter, and any regulations so made may be altered or rescinded by the central council in exercise of its powers under this section. 64 every regulation made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by act 70 of , s. 12, for clause a w.e.f. . 3. subs. by s. 12, ibid., for secretary w.e.f. . 4. subs. by s. 12, ibid., for treasurer w.e.f. . 5. ins. by s. 12, ibid. w.e.f. . 6. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 19. of the pharmacy act : except where a joint state council is constituted in accordance with an agreement made under section 20, the state government shall constitute a state council consisting of the following members, namely: a six members, elected from amongst themselves by registered pharmacists of the state b five members, of whom at least 1three shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 2registered pharmacists, nominated by the state government c one member elected from amongst themselves by the members of each medical council or the council of medical registration of the state, as the case may be d the chief administrative medical officer of the state exofficio or if he is unable to attend any meeting, a person authorised by him in writing to do so 3dd the officerincharge of drugs control organisation of the state under the 5drugs and cosmetics act, 23 of , ex officio or if he is unable to attend any meeting, a person authorised by him in writing to do so e the government analyst under the 4drugs and cosmetics act, 23 of , ex officio, or where there is more than one, such one as the state government may appoint in this behalf: provided that where an agreement is made under clause b of subsection 1 of section 20, the agreement may provide that the state council to serve the needs of the other participating states also shall be augmented by not more than two members, of whom at least one shall at all times be a person possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or a 5registered pharmacist, nominated by the government of each of the said other participating states, and where the agreement so provides, the composition of the state council shall be deemed to be augmented accordingly. 1. subs. by act 70 of , s. 13, for two w.e.f. . 2. subs. by s. 13, ibid., for members of the pharmaceutical profession w.e.f. . 3. ins. by act 24 of , s. 7 w.e.f. . 4. subs. by act 70 of , s. 13, for drugs act, 23 of w.e.f. . 5. subs. by s. 13, ibid., for member of the pharmaceutical profession w.e.f. .

section 21. of the pharmacy act : 1 a joint state council shall consist of the following members, namely: a such number of members, being not less than three and not more than five as the agreement shall provide elected from amongst themselves by the registered pharmacists of each of the participating states b such number of members, being not less than two and not more than four as the agreement shall provide, nominated by each participating state government c one member elected from amongst themselves by the members of each medical council or the council of medical registration of each participating state, as the case may be d the chief administrative medical officer of each participating state, ex officio, or if he is unable to attend any meeting, a person authorised by him in writing to do so 1dd the officerincharge of drugs control organisation of each participating state under the 2drugs and cosmetics act, 23 of , ex officio, or if he is unable to attend any meeting, a person authorised by him in writing to do so e the government analyst under the 2drugs and cosmetics act, 23 of , of each participating state, ex officio, or where there is more than one in any such state, such one as the state government may appoint in this behalf. 2 the agreement may provide that within the limits specified in clauses a and b of subsection 1, the number of members to be elected or nominated under those clauses may or may not be the same in respect of each participating state. 3 of the members nominated by each state government under clause b of subsection 1, 3more than half shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or 4registered pharmacists. 1. ins. by act 24 of , s. 8 w.e.f. . 2. subs. by act 70 of , s. 14, for drugs act, 23 of w.e.f. . 3. subs. by s. 14, ibid., for at least half w.e.f. . 4. subs. by s. 14, ibid., for members of the pharmaceutical profession w.e.f. .

section 22. of the pharmacy act : every state council shall be a body corporate by such name as may be notified by the state government in the official gazette or, in the case of a joint state council, as may be determined in the agreement, having perpetual succession and a common seal, with power to acquire or hold property both, movable and immovable and shall by the said name sue and be sued.

section 23. of the pharmacy act : 1 the president and vicepresident of the state council shall be elected by the members from amongst themselves: provided that for five years from the first constitution of the state council the president shall be a person nominated by the state government who shall hold office at the pleasure of the state government and where he is not already a member, shall be a member of the state council in addition to the members referred to in section 19 or section 21, as the case may be. 2 1the president or vicepresident shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as a member of the state council, but subject to his being a member of the state council, he shall be eligible for reelection: 2provided that if his term of office as a member of the state council expires before the expiry of the full term for which he is elected as president or vicepresident, he shall, if he is reelected or renominated as a member of the state council, continue to hold office for the full term for which he is elected as president or vice president. 1. subs. by act 70 of , s. 15, for an elected president w.e.f. . 2. added by s. 15, ibid. w.e.f. .

section 27. of the pharmacy act : 1 the state council shall, as soon as may be, constitute an executive committee consisting of the president who shall be chairman of the executive committee and vicepresident, ex officio, and such number of other members elected by the state council from amongst themselves as may be prescribed. 2 a member of the executive committee shall hold office as such until the expiry of his term of office as member of the state council, but, subject to his being a member of the state council, he shall be eligible for reelection. 3 in addition to the powers and duties conferred and imposed upon it by this act, the executive committee shall exercise and discharge such powers and duties as may be prescribed.

section 24. of the pharmacy act : elections under this chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the state government whose decision shall be final.

section 25. of the pharmacy act : 1 subject to the provisions of this section, a nominated or elected member, other than a nominated president, shall hold office for a term of five years from the date of his nomination or election or until his successor has been duly nominated or elected, whichever is longer. 2 a nominated or elected member may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall thereupon become vacant. 3 a nominated or elected member shall be deemed to have vacated his seat if he is absent without excuse sufficient in the opinion of the state council from three consecutive meetings of the state council, or if he is elected under clause a or c of section 19 or 21, if he ceases to be a registered pharmacist or ceases to be a member of the medical council or council of medical registration of the state, as the case may be. 4 a casual vacancy in the state council shall be filled by fresh nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected. 5 no act done by the state council shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the state council. 6 members of the state council shall be eligible for renomination or reelection.

section 29. of the pharmacy act : 1 as soon as may be after this chapter has taken effect in any state, the state government shall cause to be prepared in the manner hereinafter provided a register of pharmacists for the state. 2 the state council shall as soon as possible after it is constituted assume the duty of maintaining the register in accordance with the provisions of this act. 3 the register shall include the following particulars, namely: a the full name and residential address of the registered person b the date of his first admission to the register c his qualifications for registration d his professional address, and if he is employed by any person, the name of such person e such further particulars as may be prescribed.

section 26. of the pharmacy act : the state council may, with the previous sanction of the state government, a appoint a registrar who shall also act as secretary and, if so decided by the state council, treasurer, of the state council b appoint such other officers and servants as may be required to enable the state council to carry out its functions under this act c fix the salaries and allowances and other conditions of service of the secretary and other officers and servants of the state council d fix the rates of allowances payable to members of the state council: provided that for the first four years from the first constitution of the state council, the registrar shall be a person appointed by the state government, who shall hold office during the pleasure of the state government.

section 26a. of the pharmacy act : 126a. inspection.1 a state council may, with the previous sanction of the state government, appoint inspectors having the prescribed qualifications for the purposes of chapters iii, iv and v of this act. 2 an inspector may a inspect any premises where drugs are compounded or dispensed and submit a written report to the registrar b enquire whether a person who is engaged in compounding or dispensing of drugs is a registered pharmacist c investigate any complaint made in writing in respect of any contravention of this act and report to the registrar d institute prosecution under the order of the executive committee of the state council e exercise such other powers as may be necessary for carrying out the purposes of chapters iii, iv and v of this act or any rules made thereunder. 3 any person wilfully obstructing an inspector in the exercise of powers conferred on him by or under this act or any rules made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both. 4 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 70 of , s. 16 w.e.f. .

section 28. of the pharmacy act : 1 the state council shall furnish such reports, copies of its minutes and of the minutes of the executive committee, and abstracts of its accounts to the state government as the state government may from time to time require and copies thereof shall be sent to the central council. 2 the state government may publish, in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section.

section 30. of the pharmacy act : 1 for the purpose of preparing the first register, the state government shall by notification in the official gazette constitute a registration tribunal consisting of three persons, and shall also appoint a registrar who shall act as secretary of the registration tribunal. 2 the state government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, shall be made to the registration tribunal. 3 the registration tribunal shall examine every application received on or before the appointed date, and if it is satisfied that the applicant is qualified for registration under section 31, shall direct the entry of the name of the applicant on the register. 4 the first register so prepared shall thereafter be published in such manner as the state government may direct, and any person aggrieved by a decision of the registration tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the state government in this behalf by notification in the official gazette. 5 the registrar shall amend the register in accordance with the decision of the authority appointed under subsection 4 and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. 6 upon the constitution of the state council, the register shall be given into its custody, and the state government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the state council.

section 31. of the pharmacy act : 1a person who has attained the age of eighteen years shall be entitled on payment of the prescribed fee to have his name entered in the first register if he resides, or carries on the business or profession of pharmacy, in the state and if he a holds a degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an indian university or a state government, as the case may be, or a prescribed qualification granted by an authority outside 2 india, or b holds a degree of an indian university other than a degree in pharmacy or pharmaceutical chemistry, and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than three years, or c has passed an examination recognised as adequate by the state government for compounders or dispensers, or d has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for a total period of not less than five years prior to the date notified under subsection 2 of section 30. 1. subs. by act 24 of , s. 9, for a person shall be entitled w.e.f. . 2. the words the provinces of omitted by the a.o. .

section 32. of the pharmacy act : 1 after the date appointed under subsection 2 of section 30 and before the education regulations have, by or under section 11, taken effect in the state, 1a person who has attained the age of eighteen years shall on payment of the prescribed fee be entitled to have his name entered in the register if he resides or carries on the business or profession of pharmacy in the state and if he a satisfies the conditions prescribed with the prior approval of the central council, or where no conditions have been prescribed, the conditions entitling a person to have his name entered on the first register as set out in section 31, or b is a registered pharmacist in another state, or c possesses a qualification approved under section 14: provided that no person shall be entitled 2under clause a or clause c to have his name entered on the register unless he has passed a matriculation examination or an examination prescribed as being equivalent to a matriculation examination. 2 after the education regulations have by or under section 11 taken effect in the state, a person shall on payment of the prescribed fee be entitled to have his name entered on the register if he has attained the age of 3eighteen years, if he resides, or carries on the business or profession of pharmacy, in the state and if he has passed an approved examination or possesses a qualification approved under section 14 4or is a registered pharmacist in another state. 1. subs. by act 24 of , s. 10, for a person shall on payment of the prescribed fee w.e.f. . 2. subs. by act 24 of , s. 10, for under this subsection w.e.f. . 3. subs. by s. 10, ibid., for twentyone years w.e.f. . 4. ins. by s. 10, ibid. w.e.f.

section 32a. of the pharmacy act : 132a. special provisions for registration of certain persons.1 notwithstanding anything contained in section 32, a state council may also permit to be entered on the register a the names of displaced persons who have been carrying on the business or profession of pharmacy as their principal means of livelihood from a date prior to the 4th day of march, , and who satisfy the conditions for registration as set out in section 31 b the names of citizens of india who have been carrying on the business or profession of pharmacy in any country outside india and who satisfy the conditions for registration as set out in section 31 c the names of persons who resided in an area which has subsequently become a territory of india and who satisfy the conditions for registration as set out in section 31 d the names of persons who carry on the business or profession of pharmacy in the state, and i would have satisfied the conditions for registration as set out in section 31, on the date appointed under subsection 2 of section 30, had they applied for registration on or before that date or ii have been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners as defined in subclause iii of clause f of section 2 for a total period of not less than five years prior to the date appointed under subsection 2 of section 30 e the names of persons who were qualified to be entered in the register for a state as it existed immediately before the 1st day of november, , but who, by reason of the area in which they resided or carried on their business or profession of pharmacy having become part of a state as formed on that date, are not qualified to be entered in the register for the latter state only by reason of their not having passed either a matriculation examination or an examination prescribed as being equivalent to a matriculation examination of an approved examination or of their not possessing a qualification approved under section 14 f the names of persons i who were included in the register for a state as it existed immediately before the 1st day of november, and ii who, by reason of the area in which they resided or carried on their business or profession of pharmacy having become part of a state as formed on that date, reside or carry on such business or profession in the latter state g the names of persons who reside or carry on their business or profession of pharmacy in an area in which this chapter takes effect after the commencement of the pharmacy amendment act, 24 of , and who satisfy the conditions for registration as set out in section 31. 2 any person who desires his name to be entered in the register in pursuance of subsection 1 shall make an application in that behalf to the state council, and such application shall be accompanied by the prescribed fee. 3 the provisions of this section shall remain in operation for a period of two years from the commencement of the pharmacy amendment act, 24 of : provided that the state government may, by notification in the official gazette, extend the period of operation of clause a, clause b or clause c of subsection 1 by such further period or periods, not exceeding two years in the aggregate, as may be specified in the notification. explanation 1.for the purposes of clause a of subsection 1, displaced person means any person who on account of the setting up of the dominions of india and pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of pakistan, has, on or after the 1st day of march, , left or been displaced from his place of residence in such area and who has since then been residing in india. explanation 2.for the purposes of clauses b, c and g of subsection 1, the period referred to in clause d of section 31 shall be computed with reference to the date of application. 1. ins. by s. 11, ibid. w.e.f. .

section 32b. of the pharmacy act : 132b. special provisions for registration of displaced persons, repatriates and other persons.1 notwithstanding anything contained in section 32 or section 32a, a state council may permit to be entered on the register a the names of persons who possess the qualification specified in clause a or clause c of section 31 and who were eligible for registration between the closing of the first register and the date when the education regulations came into effect. b the names of persons approved as qualified persons before the 31st december, for compounding or dispensing of medicines under the drugs and cosmetics act, 23 of , and the rules made thereunder c the names of displaced persons or repatriates who were carrying on business or profession of pharmacy as their principal means of livelihood in any country outside india for a total period of not less than five years from a date prior to the date of application for registration. explanation.in this subsection, i displaced person means any person who, on account of civil disturbances or the fear of such disturbances in any area now forming part of bangla desh, has, after the 14th day of april, but before the 25th day of march, , left, or has been displaced from, his place of residence in such area and who has since then been residing in india ii repatriate means any person of indian origin who, on account of civil disturbances or the fear of such disturbances in any area now forming part of burma, sri lanka or uganda, or any other country has, after the 14th day of april, , left or has been displaced from, his place of residence in such area and who has since then been residing in india. 2 the provisions of clauses a and b of subsection 1 shall remain in operation for a period of two years from the commencement of the pharmacy amendment act, 70 of . state amendments jammu and kashmir ut. insertion of new sectionafter section 32b, insert 32c. special provisions regarding persons registered under jammu and kashmir pharmacy act, samvat, a.d..notwithstanding anything contained in section 32, any person whose name has been entered in the register of pharmacists maintained under the jammu and kashmir pharmacy act, a.d. and possesses qualification prescribed under the said act shall be deemed to have been entered in the register of pharmacists prepared and maintained under chapter iv of this act, subject to an application to be made in this behalf within a period of one year commencing from 31st october, and payment of such fee as may be prescribed by the government of union territory of jammu and kashmir. vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated . ladakh ut. insertion of new sectionafter section 32b, insert 32c. special provisions regarding persons registered under jammu and kashmir pharmacy act, samvat, a.d..notwithstanding anything contained in section 32, any person whose name has been entered in the register of pharmacists maintained under the jammu and kashmir pharmacy act, a.d. and possesses qualification prescribed under the said act shall be deemed to have been entered in the register of pharmacists prepared and maintained under chapter iv of this act, subject to an application to be made in this behalf within a period of one year commencing from 1st day of the january, and payment of such fee as may be prescribed by the administration of the union territory of ladakh. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 70 of , s. 17 w.e.f. ./

section 33. of the pharmacy act : 1 after the date appointed under subsection 2 of section 30, applications for registration shall be addressed to the registrar of the state council and shall be accompanied by the prescribed fee. 2 if upon such application the registrar is of opinion that the applicant is entitled to have his name entered in the register under the provisions of this act for the time being applicable, he shall enter the name of the applicant in the register: provided that no person whose name has under the provisions of this act been removed from the register of any state shall be entitled to have his name entered in the register except with the approval of the state council recorded at a meeting. 3 any person whose application for registration is rejected by the registrar, may within three months from the date of such rejection appeal to the state council, and the decision of the state council thereon shall be final. 4 upon entry in the register of a name under this section, the registrar shall issue a certificate of registration in the prescribed form.

section 37. of the pharmacy act : the state council may at any time for reasons appearing to it sufficient order that upon payment of the prescribed fee the name of a person removed from the register shall be restored thereto: provided that where an appeal against such removal has been rejected by the state government, an order under this section shall not take effect until it has been confirmed by the state government.

section 35. of the pharmacy act : a registered pharmacist shall on payment of the prescribed fee be entitled to have entered in the register any further degrees or diplomas in pharmacy or pharmaceutical chemistry which he may obtain.

section 36. of the pharmacy act : 1 subject to the provisions of this section, the executive committee may order that the name of a registered pharmacist shall be removed from the register, where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make, i that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact, or ii that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect which in the opinion of the executive committee, renders him unfit to be kept in the register, or iii that a person employed by him for the purposes of his business of pharmacy 1or employed to work under him in connection with any business of pharmacy has been convicted of any such offence or has been guilty of any such infamous conduct as would, if such person were a registered pharmacist, render him liable to have his name removed from the register under clause ii: provided that no such order shall be made under clause iii unless the executive committee is satisfied a that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or b that the registered pharmacist has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place committed a similar offence or been guilty of similar infamous conduct, or c that any person employed by the registered pharmacist for the purposes of his business of pharmacy 2or employed to work under him in connection with any business of pharmacy has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place, committed a similar offence or been guilty of similar infamous conduct, and that the registered pharmacist had, or reasonably ought to have had, knowledge of such previous offence or infamous conduct, or d that where the offence or infamous conduct continued over a period, the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct, or e that where the offence is an offence under the 3drugs and cosmetics act, 23 of , the registered pharmacist has not used due diligence in enforcing compliance with the provisions of that act in his place of business and by persons employed by him 12or by persons under his control. 2 an order under subsection 1 may direct that the person whose name is ordered to be removed from the register shall be ineligible for registration in the state under this act either permanently or for such period as may be specified. 3 an order under subsection 1 shall be subject to confirmation by the state council and shall not take effect until the expiry of three months from the date of such confirmation. 4 a person aggrieved by an order under subsection 1 which has been confirmed by the state council may, within thirty days from the communication to him of such confirmation, appeal to the state government, and the order of the state government upon such appeal shall be final. 5 a person whose name has been removed from the register under this section or under subsection 2 of section 34 shall forthwith surrender his certificate of registration to the registrar, and the name so removed shall be published in the official gazette. 1. ins. by s. 13, ibid. w.e.f. . 2. ins. by act 24 of , s. 13 w.e.f. . 3. subs. by act 70 of , s. 18, for drugs act, 23 of w.e.f. .

section 34. of the pharmacy act : 1 the state government may, by notification in the official gazette, direct that for the retention of a name on the register after the 31st day of december of the year following the year in which the name is first entered on the register, there shall be paid annually to the state council such renewal fee as may be prescribed, and where such direction has been made, such renewal fee shall be due to be paid before the first day of april of the year to which it relates. 2 where a renewal fee is not paid by the due date, the registrar shall remove the name of the defaulter from the register: provided that a name so removed may be restored to the register on such conditions as may be prescribed. 3 on payment of the renewal fee, the registrar shall 1issue a receipt therefore and such receipt shall be proof of renewal of registration. 1. subs. by act 24 of , s. 12, for in the prescribed manner endorse the certificate of registration accordingly w.e.f. .

section 38. of the pharmacy act : no order refusing to enter a name on the register or removing a name from the register shall be called in question in any court.

section 39. of the pharmacy act : where it is shown to the satisfaction of the registrar that a certificate of registration has been lost or destroyed, the registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form.

section 45. of the pharmacy act : 1 whenever it appears to the central government that the central council is not complying with any of the provisions of this act, the central government may appoint a commission of enquiry consisting of three persons, two of whom shall be appointed by the central government, one being the judge of a high court, and one by the council and refer to it the matters on which the enquiry is to be made. 2 the commission shall proceed to enquire in such manner as it may deem fit and report to the central government on the matters referred to it together with such remedies, if any, as the commission may like to recommend. 3 the central government may accept the report or remit the same to the commission for modification or reconsideration. 4 after the report is finally accepted, the central government may order the central council to adopt the remedies so recommended within such time as may be specified in the order and if the council fails to comply within the time so specified, the central government may pass such order or take such action as may be necessary to give effect to the recommendations of the commission. 5 whenever it appears to the state government that the state council is not complying with any of the provisions of this act, the state government may likewise appoint a similar commission of enquiry and pass such order or take such action as specified in subsections 3 and 4.

section 40. of the pharmacy act : 140. printing of register and evidentiary value of entries therein.1 as soon as may be after the 1st day of april subsequent to the commencement of the pharmacy amendment act, 24 of , the registrar shall cause to be printed copies of the register as it stood on the said date. 2 the registrar shall thereafter cause to the printed as soon as may be after the 1st day of april in each year copies of the annual supplement to the register referred to in subsection 1, showing all additions to, and other amendments in, the said register. 3 a the register shall be brought uptodate three months before ordinary elections to the state council are held and copies of this register shall be printed. b the provisions of subsection 2 shall apply to the register as so printed as they apply to the register referred to in subsection 1. 4 the copies referred to in subsection 1 or subsection 2 or subsection 3 shall be made available to persons applying therefor on payment of the prescribed charge and shall be evidence that on the date referred to in the register or annual supplement, as the case may be, the persons whose names are entered therein were registered pharmacist. 1. subs. by act 24 of , s. 14, for section 40 w.e.f. .

section 41. of the pharmacy act : 1 if any person whose name is not for the time being entered in the register of the state falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment extending to six months or with fine not exceeding one thousand rupees or with both: provided that it shall be a defence to show that the name of the accused is entered in the register of another state and that at the time of the alleged offence under this section an application for registration in the state had been made. 2 for the purposes of this section a it shall be immaterial whether or not any person is deceived by such pretence or use as aforesaid b the use of the description pharmacist, chemist, druggist, pharmaceutist, dispenser, dispensing chemist, or any combination of such words 1or of any such word with any other word shall be deemed to be reasonably calculated to suggest that the person using such description is a person whose name is for the time being entered in the register of the state. c the onus of proving that the name of a person is for the time being entered in the register of a state shall be on him who asserts it. 3 cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the state government or 1any officer authorized in this behalf by the state government or by order of the executive committee of the state council. 1. ins. by act 24 of , s. 15 w.e.f. .

section 46. of the pharmacy act : 1 the state government may, by notification in the official gazette, make rules to carry out the purposes of chapters iii, iv and v. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the management of the property of the state council, and the maintenance and audit of its accounts b the manner in which elections under chapter iii shall be conducted c the summoning and holding of meetings of the state council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum d the powers and duties of the president and vicepresident of the state council e the constitution and functions of the executive committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum f the qualifications, the term of office and the powers and duties of the registrar and other officers and servants of the state council, including the amount and nature of the security to be given by the treasurer 1ff the qualifications, powers and duties of an inspector g the particulars to be stated, and the proof of qualifications to be given, in applications for registration under chapter iv h the conditions for registration under subsection 1 of section 32 i fees payable under chapter iv and the charge for supplying copies of the register j the form of certificates of registration 2 k the maintenance of a register 3kk the conduct of pharmacists and their duties in relation to medical practitioners, the public and the profession of pharmacy l any other matter which is to be or may be prescribed under chapters iii, iv and v except subsections 1, 2, 3 and 4 of section 45. 43 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 70 of , s. 20 w.e.f. . 2. the words and the manner of endorsement of renewals thereof omitted by act 24 of , s. 17 w.e.f. . 3. ins. by s. 17, ibid. w.e.f. . 4. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 42. of the pharmacy act : 1 on or after such date as the state government may by notification in the official gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner 1 provided that this subsection shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the state government, for the patients of another medical practitioner: 2provided further that where no such date is appointed by the government of a state, this subsection shall take effect in that state on the expiry of a period of 3eight years from the commencement of the pharmacy amendment act, 70 of . 2 whoever contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both. 3 cognizance of an offence punishable under this section shall not be taken except upon complaint made by 4order of the state government or any officer authorised in this behalf by the state government, or by order of the executive committee of the state council. 1. the words except under the direct and personal supervision of a registered pharmacist omitted by s. 16, ibid. w.e.f. . 2. added by act 70 of , s. 19 w.e.f. . 3. subs. by act 22 of , s. 2, for five years w.e.f. . 4. subs. by act 24 of , s. 16, for an order of the state government w.e.f. .

section 43. of the pharmacy act : 1 if any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to fifty rupees. 2 cognizance of an offence punishable under this section shall not be taken except upon complaint made by an order of the executive committee.

section 44. of the pharmacy act : the state council shall before the end of june in each year pay to the central council a sum equivalent to onefourth of the total fees realised by the state council under this act during the period of twelve months ending on the 31st day of march of that year.

section 8. of the haj committee act : 1 the central government shall take or cause to be taken all necessary steps for the reconstitution of a new committee at least four months before the expiry of the term, or the extended term, as the case may be, of the committee. 2 an outgoing member shall be eligible for renomination on the committee for not more than two terms: provided that not more than fifty per cent. of the members may be renominated for a second term in such manner as may be prescribed.

section 1. of the haj committee act : 1 this act may be called the haj committee act, . 2 it shall come into force on such date1 or dates as the central government may, by notification, appoint, and different dates may be appointed for different provisions of this act and for different states. 1. 5th december, , vide notification no. s.o. e, dated by 5th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the haj committee act : in this act, unless the context otherwise requires, a byelaws means the byelaws made under section 45 b chief executive officer or the executive officer means the chief executive officer of the committee or the executive officer of the state committee appointed under subsection 1 of section 16 or subsection 1 of section 29, as the case may be c committee means the haj committee of india constituted under section 3 d member means a member of the haj committee of india nominated under section 4 or of a state haj committee nominated under section 18, as the case may be, and includes the chairperson and a vicechairperson e notification means a notification published in the gazette of india or the official gazette of a state, as the case may be f pilgrim means a muslim proceeding to, or returning from, haj g prescribed means prescribed by rules made under section 44 by the central government or, as the case may be, under section 47 by the state government h state committee means a state haj committee constituted under section 18 and includes joint state committee i state government, in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution.

section 7. of the haj committee act : 1 after the publication of the names of members of the committee under section 5, the central government shall convene within fortyfive days of such publication the first meeting of the committee at which the committee shall elect a chairperson and two vicechairpersons from amongst its members : provided that a minister shall not be the chairperson of the committee and ex officio members shall not take part in the election of the chairperson or of the vicechairpersons. 2 if the committee fails to elect the chairperson or the vicechairpersons the central government may appoint a member of the committee to be the chairperson thereof or vicechairpersons, as the case may be. 3 the chairperson shall exercise such powers and discharge such duties as may be prescribed. 4 the vicechairpersons shall exercise such powers and discharge such duties as may be determined by byelaws made in this behalf by the committee: provided that till such byelaws are made, the vicechairpersons shall exercise such powers and discharge such duties as may be determined by an order made by the chairperson in this regard. 5 the election of the chairperson and the vicechairpersons shall be notified by the central government in the official gazette. 6 the term of office of the chairperson and the vicechairpersons, as the case may be, shall be coterminus with the term of the committee and no person shall hold office of the chairperson or the vicechairpersons, as the case may be, for more than two consecutive terms. 7 any casual vacancy in the office of the chairperson or a vicechairperson shall be filled for the remainder of the term in accordance with subsection 1 or subsection 2, as the case may be.

section 4. of the haj committee act : the committee shall consist of the following members, namely: i three members of parliament of whom two are to be nominated by the speaker of the house of the people from among its muslim members, and one by the chairman of the council of states from among its muslim members: provided that a member of parliament shall, upon ceasing to be a member, cease to be a member of the committee and the speaker of the house of the people or the chairman of the council of states, as the case may be, shall make a fresh nomination upon request by the central government ii nine muslim members of the committee shall be elected, three from those states sending largest number of pilgrims during last three years and one each from the zones as specified in the schedule, in such manner as may be prescribed: provided that not more than one member shall be elected from a state falling in the zone as specified in the schedule iii four persons not below the rank of joint secretary to the government of india nominated by that government to represent the ministries of external affairs, home, finance and civil aviation, as ex officio members iv seven muslim members shall be nominated by the central government from among the following categories of persons, namely: a two members who have special knowledge of public administration, finance, education, culture or social work and out of whom one shall be a shia muslim b two women members, out of them one shall be shia muslim c three members who have special knowledge of muslim theology and law, out of them one shall be a shia muslim.

section 3. of the haj committee act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be constituted a committee by the name of the haj committee of india. 2 the committee shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, to create a charitable trust or endowment, and to contract and shall by the said name sue and be sued. 3 the committee shall have its headquarters at mumbai and as and when the committee considers it functionally necessary, additional regional offices may be opened in consultation with the central government.

section 11. of the haj committee act : 1 the committee shall appoint two standing committees, each headed by a vicechairperson of the committee, to deal with matters relating to finance and haj arrangements, from amongst its member consisting of such number of members and with such powers and functions as may be determined by byelaws made in this behalf by the committee: provided that the chairperson shall preside over the meeting of the standing committee in case he attends the meeting. 2 the committee may also appoint other subcommittees for such purposes as it may think fit and any such subcommittee shall consist of such number of members and other persons as may be determined by byelaws made in this behalf by the committee.

section 5. of the haj committee act : as soon as may be after the nomination of the members of the committee under section 4, the central government shall publish in the official gazette the names of all such members.

section 6. of the haj committee act : 1 the term of office of the members of the committee other than the ex officio members and members filling casual vacancies shall be three years, commencing on the day following the publication of the list of members under section 5: provided that the term of the members of the committee may be extended by the central government by a notification in the official gazette for a period not exceeding six months at a time but, in any case, not exceeding beyond a total period of one year. 2 the allowances payable to, and the other terms and conditions of, the chairperson, vicechairpersons and members shall be such as may be prescribed.

section 9. of the haj committee act : 1 the duties of the committee shall be i to collect and disseminate information useful to pilgrims, and to arrange orientation and training programmes for pilgrims ii to advise and assist pilgrims during their stay at the embarkation points in india, while proceeding to or returning from pilgrimage, in all matters including vaccination, inoculation, medical inspection, issue of pilgrim passes and foreign exchange, and to liaise with the local authorities concerned in such matters iii to give relief to pilgrims in distress iv to finalise the annual haj plan with the approval of the central government, and execute the plan, including the arrangements for travel by air or any other means, and to advise in matters relating to accommodations v to approve the budget estimates of the committee and submit it to the central government at least three months before the beginning of the financial year for its concurrence vi to coordinate with the central government, railways, airways and travel agencies for the purpose of securing travelling facilities for pilgrims vii to generally look after the welfare of the pilgrims viii to publish such proceedings of the committee and such matters of interest to pilgrims as may be determined by byelaws made in this behalf by the committee ix to discharge such other duties in connection with haj as may be prescribed by the central government. 2 the central government shall afford all reasonable assistance to the committee in the discharge of the duties specified in subsection 1.

section 10. of the haj committee act : 1 the committee shall meet at least three times in a year before the commencement of the haj season to plan and make arrangements for haj and once after that to review all arrangements made by the committee. 2 in addition to the meetings specified in subsection 1, the committee may hold meetings as and when requisitioned by at least onethird of its members or when considered necessary by the chairperson. 3 the number of members required to make a quorum at any meeting of the committee shall be onethird of its members. 4 all matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the chairperson or other person presiding shall have a casting vote. 5 the committee shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by byelaws.

section 12. of the haj committee act : a person shall be disqualified for being nominated, or for continuing as a member of the committee, if he i is not a citizen of india ii is not a muslim, except for ex officio members as provided in clause iii of section 4 iii is less than twentyfive years of age iv is of unsound mind and stands so declared by a competent court v is an undischarged insolvent vi has been convicted of an offence which, in the opinion of the central government, involves a moral turpitude vii has been on a previous occasion a removed from his office as a member or b removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption.

section 17. of the haj committee act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, the government of a state shall constitute a committee by the name of the......name of the state haj committee: provided that in case it appears to the central government for any reasons that it is not necessary for a state or union territory to establish a haj committee, it may authorise the state haj committee of a contiguous state to deal with those pilgrims and suggest suitable representation of those states and union territories. 2 the state committee shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, to create a charitable trust or endowment, and to contract and shall by the said name sue and be sued. 3 notwithstanding anything contained in this act, an agreement may be entered into a by two or more governments of contiguous states, or b by the central government in respect of one or more union territories and one or more governments of states contiguous to such union territory or union territories, to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a joint state committee, i in a case referred to in clause a, for all the participating states, and ii in a case referred to in clause b, for the participating union territory or union territories and the state or states. 4 an agreement under this section shall be published, in a case referred to in clause a of subsection 2, in the official gazette of the participating states and in a case referred to in clause b of that subsection, in the official gazette of the participating union territory or union territories and participating state or states. 5 any reference in this act to the state committee shall, unless the context otherwise requires, be construed as including a joint state committee.

section 13. of the haj committee act : the chairperson, the vicechairperson or any other member may resign his office by writing under his hand addressed to the central government and it shall be effective from the date of such resignation.

section 19. of the haj committee act : as soon as may be after the nomination of the members of a state committee under subsection 1 of section 18, the state government shall publish, in the official gazette of that state, the names of all such members.

section 14. of the haj committee act : 1 the central government may, by notification in the official gazette, remove the chairperson, a vicechairperson of the committee or any member thereof, if he i is or becomes subject to any of the disqualifications specified in section 12 or ii refuses to act or is incapable of acting or acts in a manner which the central government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the committee or the interests of the pilgrims or iii fails, in the opinion of the committee, to attend three consecutive meetings of the committee, without sufficient excuse. 2 where the chairperson or a vicechairperson of the committee is removed under subsection 1, he shall also cease to be a member of the committee.

section 16. of the haj committee act : 1 the central government shall appoint a person, from a panel of muslim officers of the central government and of the state governments not below the rank of deputy secretary to the government of india, to be the chief executive officer of the committee on such terms and conditions as may be prescribed. 2 the chief executive officer shall be the ex officio secretary of the committee. 3 the chief executive officer shall be appointed for a period of three years, which may be extended by a maximum period of one year by the central government. 4 the chief executive officer shall execute the decisions of the committee and perform such other functions as may be prescribed: provided that in case of any difference of opinion between the chief executive officer and the committee, he shall bring the matter to the notice of the central government, whose decision thereon shall be final. 5 the committee may, with the previous sanction of the central government, employ such other officers and employees as it deems necessary to carry out the purposes of this act, on such terms and conditions as may be prescribed.

section 15. of the haj committee act : show related subordinates 1 when the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated or elected, as the case may be, in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. 2 any casual vacancy under subsection 1 shall be filled up by the same category to which the former member belonged.

section 18. of the haj committee act : 1 a state committee shall consist of sixteen members, to be nominated by the state government, namely: i three members from the muslim members of a parliament representing the state b state legislative assembly and c legislative council, where it exists ii three members from muslim members representing local bodies in the state iii three members having expertise in muslim theology and law including one who shall be a shia muslim iv five members representing muslim voluntary organisations working in the fields of public administration, finance, education, culture or social work v the chairperson of the state wakf board and vi executive officer of the state committee, who shall be the ex officio member of the state committee: provided that a committee for any union territory or a joint state committee shall consist of such number of members as may be prescribed. 2 in case where there is no muslim member in any of the categories mentioned in clauses i and ii of subsection 1, or where there is no legislative council in a state, nomination may be made in such manner as may be prescribed.

section 22. of the haj committee act : 1 the state government shall take or cause to be taken all necessary steps for the reconstitution of a new state committee at least four months before the expiry of the term of the state committee. 2 an outgoing member shall be eligible for renomination of the state committee for not more than two terms: provided that fifty per cent. of the nominees may be renominated for a second term in such manner as may be prescribed.

section 20. of the haj committee act : 1 the term of office of the members of the state committee other than the ex officio members and members filling casual vacancies shall be three years, commencing on the day following the publication of the list of members under section 19. 2 the allowances payable to, and the other terms and conditions of the chairperson and members shall be such as may be prescribed.

section 21. of the haj committee act : 1 after the publication of the names of members of the state committee under section 19, the state government shall convene within fortyfive days the first meeting of the state committee at which the state committee shall elect a chairperson from amongst its members: provided that an ex officio member shall not take part in the election of the chairperson. 2 if the state committee fails to elect a chairperson, the state government may appoint a member of the state committee to be the chairperson thereof. 3 the election of the chairperson shall be notified by the state government in the official gazette of the state. 4 the term of office of the chairperson shall be three years and no person shall hold the office of the chairperson for more than two consecutive terms. 5 any casual vacancy in the office of the chairperson shall be filled in accordance with subsection 1 or subsection 2, as the case may be.

section 23. of the haj committee act : a person shall be disqualified for being nominated, or for continuing, as a member of the state committee, if he i is not a citizen of india ii is not a resident of that state iii is not a muslim, except for an executive officer as provided in clause vi of subsection 1 of section 18 iv is less than twentyfive years of age v is of unsound mind and stands so declared by a competent court vi is an undischarged insolvent vii has been convicted of an offence which, in the opinion of the state government, involves a moral turpitude viii has been on a previous occasion a removed from his office as a member or b removed by an order of a competent authority either for not acting in the interest of the pilgrims or for corruption.

section 24. of the haj committee act : the chairperson or any other member may resign his office by writing under his hand addressed to the state government and it shall be effective from the date of such resignation.

section 29. of the haj committee act : 1 the state government shall appoint a person, from amongst its officers not below the rank of deputy secretary, to be the executive officer of the state committee: provided that the person so appointed shall preferably be a muslim. 2 the executive officer of the state committee shall act as its secretary. 3 the executive officer shall execute the decisions of the state committee and perform such other functions as may be prescribed: provided that in case of any difference of opinion between the executive officer and the state committee, he shall bring the matter to the notice of the state government whose decision thereon shall be final. 4 the state committee shall, with the previous sanction of the state government, employ such officers and other employees as it deems necessary to carry out the purposes of this act. 5 the term of office and conditions of service of officers and other employees shall be such as may be prescribed.

section 30. of the haj committee act : the committee shall have its own fund to be called the central haj fund, and there shall be placed to the credit thereof the following sums, namely: a sums realised from any fees and service charges which may be levied by the committee: i for registration of applications for haj and ii for issue of haj pilgrim travel passes b money collected from pilgrims for performance of haj c the income from all deposits and investment of the committees funds d the sums realised from the sale of the effects of deceased pilgrims and sums of money left by them, which are unclaimed and have lapsed to the central government e any sums loaned by the central or a state government, or any other source approved by the government f any amount that may be legally due to the committee from any source and g the amount standing at the commencement of this act to the credit of the haj fund or the indigent pilgrims fund established under the haj committee act, 51 of .

section 25. of the haj committee act : 1 the state government may, by notification in the official gazette, remove the chairperson of the state committee or any member thereof, if he i is or becomes subject to any of the disqualifications specified in section 23 or ii refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the state committee or the interests of the pilgrims or iii fails, in the opinion of the state committee, to attend three consecutive meetings of the state committee, without sufficient excuse. 2 where the chairperson of the state committee is removed under subsection 1, he shall also cease to be a member of the state committee.

section 26. of the haj committee act : 1 when the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be nominated in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. 2 any casual vacancy under subsection 1 shall be filled up by the same category to which the former member belonged.

section 31. of the haj committee act : the central haj fund shall, subject to the provisions of this act and the rules made thereunder, be under the control and management of the committee, and shall be applied to the following purposes, namely: a pay and allowances of the chief executive officer and other employees of the committee b payment of charges and expenses incidental to the objects specified in section 9 and c any other expenses which are required to be met by the committee or a state committee, as approved by the central government.

section 28. of the haj committee act : 1 a state committee shall meet at least twice in a year before the haj day and once after the haj is over. 2 the number of members required to make a quorum at any meeting of the state committee shall be onethird of its members. 3 in addition to the number of meetings specified in subsection 1, the state committee may hold meetings as and when requisitioned by at least onethird of its members or when considered necessary by the chairperson. 4 all matters shall be decided by a majority of votes of the members present and, in the event of an equality of votes, the chairperson or other person presiding shall have a casting vote.

section 27. of the haj committee act : 1 it shall be the duty of a state committee to implement the policy and directions of the committee in the interests of haj pilgrims. 2 the state committee shall provide assistance to the haj pilgrims including in the matter of their transport between their home states and the point of exit from india and their transit accommodation at points of exit. 3 the state committee shall discharge such other duties in connection with haj as may be prescribed by the state government concerned, in consultation with the central government.

section 39. of the haj committee act : the officers and employees of the committees and other persons duly appointed to discharge any duty under this act or rules or byelaws made thereunder, shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 32. of the haj committee act : the state committee shall have its own fund to be called the state haj fund and the following sums shall be placed to the credit thereof, namely: i all sums of money paid to it or any grant made by the committee for the purposes of this act ii any grant or loan that may be made to the state committee by the state government, or any other source for the purposes of this act, as approved by the state government iii any amount that may be legally due to the state committee from any source and iv the moneys, if any, standing to the credit of a state haj committee, at the commencement of this act.

section 33. of the haj committee act : the state haj fund shall, subject to any rules that may be made under this act, be under the control and management of the state committee and shall be applied to the following purposes, namely: i pay and allowances of the employees of the state committee other than its executive officer whose pay and allowances shall be borne by the state government ii payment of charges and expenses incidental to the due performance of its duties by the state committee for the objects specified in section 27 and iii any other expenses, as approved by the state government which are required to be met by the state committee.

section 34. of the haj committee act : 1 the committee and every state committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government, or as the case may be, the state government. 2 the accounts shall be examined and audited annually by such auditors as the central government or, as the case may be, the state government may approve. 3 the accounts of the committee or the state committee as certified by the auditor together with the audit report thereon shall be forwarded annually by the said committee to the central government, or as the case may be, the state government. 4 the central government shall, as soon as may be after the receipt of the audit report under subsection 3, cause the same to be laid before each house of parliament. 5 the state government shall, as soon as may be, after the receipt of the audit report under subsection 3, cause the same to be laid before the state legislature.

section 35. of the haj committee act : 1 the committee shall have the power to issue a travel document called pilgrim pass to a haj pilgrim for his departure from india as a bona fide pilgrim to saudi arabia and the said pilgrim shall be deemed to be exempted from the provisions of section 3 of the passports act, 15 of . 2 notwithstanding anything contained in the passports act, 15 of , the central government may, in consultation with the committee, levy such fees for registration of haj pilgrims, issuance of pilgrim pass by the committee and other related matters, as may be prescribed in connection with rendering of such services.

section 38., not to invalidate proceedings of committee. of the haj committee act : no act or proceeding of the committee or of a state committee or of a joint state committee, as the case may be, shall be invalid by reason only of the existence of any vacancy amongst its members, or any defect in the constitution thereof.

section 36. of the haj committee act : 1 if, in the opinion of the central government, the committee is unable to perform, or persistently makes default in the performance of the duties imposed on it by or under this act or exceeds or abuses its powers, the central government may, by an order published, together with a statement of the reasons therefor, in the official gazette, supersede it for such period as may be specified in the order: provided that before making an order of supersession as aforesaid, the central government shall give a reasonable opportunity to the committee to show cause why it should not be superseded. 2 when the committee is superseded by an order under subsection 1, a all members shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for nomination under clause d b during the period of supersession of the committee, all powers and duties conferred and imposed upon the committee by or under this act shall be exercised and performed by such officer or authority as the central government may appoint in that behalf c all property vested in the committee shall, until it is reconstituted, vest in the central government d before the expiry of the period of supersession, nominations shall be made by the central government for the purpose of reconstituting the committee. 3 an order of supersession made under this section together with a statement of the reasons therefor shall be laid before each house of parliament as soon as may be after it has been made. 4 a state government may exercise the same powers and duties in respect of a state committee as mentioned in subsections 1, 2 and 3 of this section subject to the conditions mentioned therein and any directions issued by the central government in this regard.

section 37. of the haj committee act : notwithstanding anything contained in any other law for the time being in force, the office of a member of the committee or state committee shall not be deemed to be an office of profit.

section 41. of the haj committee act : 1 if the central government is satisfied that it is necessary or expedient so to do, it may, by notification published in the official gazette, amend the schedule and thereupon the schedule shall be deemed to have been amended accordingly. 2 a copy of every notification made under subsection 1 shall be laid before each house of parliament as soon as may be after it is made.

section 47. of the haj committee act : 1 the state governments may, in consultation with the central government, by notification make rules to carry out the purposes of this act in respect of the state committees. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: i terms and conditions of the chairperson and members of the state committee under subsection 2 of section 20 ii the manner in which the members may be renominated under the proviso to subsection 2 of section 22 iii duties of the state committee under subsection 3 of section 27 iv the functions of the executive officer and the terms and conditions of service of officers and other employees under section 29 v any other matter which is required to be or may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature.

section 42. of the haj committee act : any haj pilgrim, who is aggrieved by the discharge of any of the duties performed by the haj committee or the state haj committee, shall make a representation for the redressal of his grievance to the haj committee or the state haj committee, as the case may be, and the same shall be disposed of by the said committee, if necessary, after hearing the aggrieved person.

section 40. of the haj committee act : no suit, prosecution or other legal proceeding shall lie against the chairperson, vicechairpersons or any member of the committee or a state committee in respect of anything in good faith done or purporting to have been done under this act, except with the prior permission of the central or state government, as the case may be.

section 43., in committees. of the haj committee act : 1 on and from the commencement of this act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of haj committee, mumbai, constituted under the haj committee act, 51 of and all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the committee. 2 on and from the commencement of this act, all assets, rights, leaseholds, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, stores, cash balances, cash on hand, reserve funds, investments and all other rights and interests in or arising out of such properties as were immediately before such commencement in the ownership, power or control of haj committee of a state and, all books of account, registers and all other documents of whatever nature relating thereto shall vest absolutely in and belong to the haj committee of a state. 3 all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the committee or a state committee immediately before such commencement for or in connection with the purposes of the committee or a state committee shall be deemed to have been incurred, entered into and engaged to be done by, with or for the committee or a state committee, as the case may be. 4 all sums of money due to the committee or a state committee immediately before such commencement shall be deemed to be due to the committee or a state committee, as the case may be. 5 all contracts made with and all instruments executed on behalf of the haj committee, mumbai or the haj committee of a state shall be deemed to have been made or executed on behalf of the committee, or as the case may be, the state committee and shall be performed accordingly. 6 in all suits and legal proceedings pending on the commencement of this act in or to which the haj committee, mumbai or the haj committee of a state was a party, the committee, or as the case may be, the state committee shall be deemed to have been substituted therefor.

section 44. of the haj committee act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: i the manner of election of members of the committee under clause ii of section 4 ii the terms and conditions of the chairperson and members under subsection 2 of section 6 iii the powers and duties of the chairperson under subsection 3 of section 7 iv the manner in which the members may be renominated under the proviso to subsection 2 of section 8 v duties in connection with haj under clause ix of subsection 1 of section 9 vi the functions of the chief executive officer and the terms and conditions of service of the chief executive officer and other employees of the committee under section 16 vii the number of members of a joint state committee or of a committee for union territory under the proviso to clause vi of subsection 1 of section 18 viii the manner in which the accounts shall be maintained by the committee and the state committees and the audit of such accounts under section 34 ix issue of haj pilgrim pass under subsection 1 of section 35 x amendment of the schedule relating to the zones comprising contiguous states or union territories under section 41 xi any other matter which may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions , and if, before the expiry of the session in which it is so laid, or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. rules yeardescriptionfiles haj committee rules,

section 45. of the haj committee act : show related subordinates 1 the committee may, by notification, make byelaws consistent with the provisions of the act and the rules made thereunder in respect of the following matters, namely: i powers and duties of the vicechairpersons under subsection 4 of section 7 ii providing for the publication of the proceedings of the committee and any matter of interests to pilgrims under clause viii of subsection 1 of section 9 iii laying down the rules of procedure for transaction of business at meeting of the committee under subsection 5 of section 10 iv powers and functions of the standing committee and determination of number of members and other persons in subcommittees under section 11 v providing for any other matter which the committee deems necessary for giving effect to the provisions of this act. 2 byelaws made by the committee under this section shall be submitted to the central government and shall not take effect until they have been confirmed by the central government. 3 byelaws which have been confirmed by the central government shall be published in the official gazette.

section 46. of the haj committee act : subject to the provisions of this act and the rules made thereunder, the committee may, by general or special order in writing, with the prior approval of the central government, delegate to any member or chief executive officer on the committee, and subject to such conditions and limitations, as may be specified in the order, such of its powers under this act except the powers to make byelaws under section 45 as it may deem necessary.

section 48. of the haj committee act : every officer and other employee of any of the existing committee and the state committee, as the case may be, shall, on and from the commencement of this act, stand transferred to or become an officer or other employee of the committee or the state committee, as the case may be, with such designation as such committee may determine and shall hold office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions of service as he would have held under the haj committee constituted under the haj committee act, 51 of and shall continue to do so as an officer or other employee of the committee till such time the terms and conditions are duly altered by such committee: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee of the committee or of a state committee, as the case may be, shall not be altered to his disadvantage without the previous sanction of the central government or state government, as the case may be: provided further that any service rendered by any such officer or other employee before the commencement of this act shall be deemed to be the service rendered under the committee or, as the case may be, the state committee.

section 49. of the haj committee act : no suit, prosecution or other legal proceedings shall lie against the government or any officer or other employee of the government or the committee constituted under this act in respect of anything which is in good faith done or intended to be done under this act.

section 52. of the haj committee act : 1 the haj committee act, 51 of is hereby repealed. 2 notwithstanding such repeal, the haj committee constituted under the said act shall, until the establishment of the committee under this act, continue to function as if this act had not been passed and on such notification under section 5 on the establishment of the committee, the former committee shall stand dissolved. 3 notwithstanding such repeal, anything done or any action taken under the haj committee act, 51 of shall be deemed to have been done or taken under the corresponding provisions of this act.

section 50. of the haj committee act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 2 any order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 51. of the haj committee act : the central government may, in exercise of its powers and performance of its functions under this act, issue directions in writing to the committee or the state government or the state committee and such committee, state government or state committee, as the case may be, shall be bound to comply with such directions.

section 6. of the high court judges salaries and conditions of service act : subject to the maximum limit specified in subsection 1 of section 5, leave on half allowances may be granted to a judge in excess of the amount at his credit i on medical certificate or ii otherwise than on medical certificate, for not more than six months 1 or for two or more periods, not exceeding in the aggregate, six months during the whole period of his service as a judge: provided that no such leave shall be granted if the judge is not expected to return to duty at the end of such leave and earn the leave granted. 1. subs. by act 46 of , s. 3, for and not more than once w.e.f. .

The High Court Judges Salaries and Conditions of Service Act, 1954

section 1. of the high court judges salaries and conditions of service act : show related subordinates this act may be called the high court judges 1 salaries and conditions of service act, . 1. subs. by act 18 of , s. 3, for conditions of service w.e.f. .

section 3. of the high court judges salaries and conditions of service act : show related subordinates 1 subject to the provisions of this act, leave granted to a judge may be at his option either 1 a leave on full allowances including commuted leave on half allowances into leave or full allowances on medical certificate or b leave on half allowances or c leave partly on full allowances and partly on half allowances. 2 for the purposes of this chapter, any period of leave on full allowances shall be reckoned as double that period of leave on half allowances. 2 3 for the purposes of this chapter, casual leave may be admissible to a judge in a calendar year, for such number of days and subject to such conditions as may be prescribed. 1. subs. by act 78 of , s. 3, for clause a w.e.f. . 2. ins. by act 13 of , s. 3 w.e.f. .

section 5a. of the high court judges salaries and conditions of service act : 15a. commutation of leave on half allowances into leave on full allowances.1 notwithstanding anything contained in subsection 2 of section 5, a judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a judge. 2 in computing the maximum period of leave on full allowances which may be granted at one time to judge under subsection 3 of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account. 1. ins. by s. 5, ibid. w.e.f. .

section 2. of the high court judges salaries and conditions of service act : 1 in this act, unless the context otherwise requires, a acting chief justice means a judge appointed under article 223 of the constitution to perform the duties of the chief justice b acting judge means a person 1 appointed to act as a judge 2 3under clause 2 of article 224 of the constitution c actual service includes i time spent by a judge on duty as a judge or in the performance of such other functions as he may, at the request of the president of india, undertake to discharge ii vacations, excluding any time during which the judge is absent on leave iii joining time on transfer from a high court to the supreme court or from one high court to another or from the supreme court to a high court iv time spent by a judge on duty as a judge of a former indian high court v time spent by a judge to attend the sittings of the supreme court as an ad hoc judge under article 127 of the constitution and vi vacation excluding any time during which the judge was absent on leave taken by a judge as a judge of a former indian high courtbr d additional judge means a person 1 appointed as an additional judge 4 5under clause 1 of article 224 of the constitution 6 f high court means a high court 7for a state and includes a high court which was exercising jurisdiction 8in a part a state or in the corresponding province before the commencement of the constitution g judge means a judge of a high court and includes the chief justice 9an acting chief justice, an additional judge and an acting judge of the high court 10gg pension means a pension of any kind whatsoever payable to or in respect of a judge, and includes any gratuity or other sum or sums so payable by way of death or retirement benefits h service for pension includes i actual service 11ii the amount, actually taken, of each period of leave on full allowances at a rate equal to the monthly rate of the salary iii joining time on return from leave out of india i prescribed means prescribed by rules made under this act. 2 in the calculation of service for the purposes of this act, 12service for any period or periods as acting judge or additional judge shall be reckoned as service as a judge but, save as otherwise expressly provided, previous service as an acting chief justice shall not be reckoned as service as chief justice. 13 1. the words who was omitted by the adaptation of laws no. 3 order, w.e.f. . 2. the words, brackets and figures under subsection 2 of section 222 of the government of india act, or omitted by act 13 of , s. 2 w.e.f. . 3. the words, brackets and figures or under clause 2 of article 224 of the constitution were inserted by the adaptation of laws no.3 order, w.e.f. . 4. the words, brackets and figures under subsection 3 of section 222 of the government of india act, or omitted by act 13 of , s. 2 w.e.f. . 5. the words, brackets and figures under clause 1 of article 224 of the constitution were inserted by the adaptation of laws no.3 order, w.e.f. . 6. clause e omitted by act 13 of , s. 2 w.e.f. . 7. subs. by the adaptation of laws no.3 order, , for in any part a state w.e.f. . 8. ins. by adaptation of laws no.3 order, w.e.f. . 9. subs. by act 46 of , s. 2, for and acting chief justice of a high court w.e.f. . 10. ins. by act 50 of , s. 2 w.e.f. . 11. subs. by act 57 of , s. 2, for subclause ii w.e.f. . 12. subs. by act 13 of , s. 2, for certain words w.e.f. . 13. subsections 3 and 4 omitted by s. 2, ibid. w.e.f. .

section 4a. of the high court judges salaries and conditions of service act : 14a. leave encashment.a judge shall be entitled in his entire service, including the period of service rendered in a pensionable post under the union or state or on reemployment, if any, to claim the cash equivalent of leave salary on his retirement 2 in respect of the period of leave at his credit, calculated calculated on full allowances basis, to the extent of the maximum period prescribed for encashment of such leave under the all india service leave rules, . 1. ins. by s. 3, ibid w.e.f. . 2. subs. by act 13 of , s. 4, for in respect of the period of earned leave at his credit w.e.f. .

section 8. of the high court judges salaries and conditions of service act : 1 extraordinary leave may be granted to a judge for a period not exceeding six months, or for two or more periods, not exceeding in the aggregate, six months during the whole period of his service as a judge in excess of any leave permissible under the foregoing provisions of this chapter, but no salary or allowances shall be payable during, or in respect of, such leave. 1. subs. by act 46 of , s. 4, for extraordinary leave not exceeding six months in duration may be granted to a judge not more than once w.e.f. .

section 9. of the high court judges salaries and conditions of service act : 19. leave allowances.the monthly rate of leave salary payable to a judge shall be in accordance with the provisions of subsection 1 of section 3. 1. subs. by act 13 of , s. 5, for section 9 w.e.f. .

section 10.. of the high court judges salaries and conditions of service act : allowances for joining time.omitted by the high court and the supreme court judges salaries and conditions of service amendment act, 13 of , s. 6 w.e.f. .

section 4. of the high court judges salaries and conditions of service act : 1 a leave account shall be kept for each judge showing therein the amount of leave due to him in terms of leave on half allowances. 2 in the leave account of a judge a there shall be credited to him i onefourth of the time spent by him on actual service1 ii where the judge, by reason of his having been detained for the performance of duties not connected with the high court, cannot enjoy any vacation which would otherwise have been entitled to enjoy had he not been so detained, as compensation for the vacation not enjoyed, a period equal to double the period by which the vacation enjoyed by him in any year falls short of one month and 2iii where the judge had, prior to his appointment as such, held any pensionable post under the union or a state, the period of leave earned by him in the said post, 3 and b there shall be debited to him all leave with all by him. 1. the word and omitted by act 38 of , s. 2 w.e.f. . 2. ins. by act 38 of , s. 2 w.e.f. . 3. the words so, however, that such period shall not exceed two hundred and forty days in terms of leave on full allowances omitted by act 7 of , s. 2 w.e.f. .

section 5. of the high court judges salaries and conditions of service act : 1 the aggregate amount of leave which may be granted to a judge during the whole period of his service as such shall not exceed in terms of leave on half allowances three years together with the aggregate of the periods, if any, credited to his leave account under subsection 2 a ii of section 4 as compensation for vacation not enjoyed. 2 the aggregate amount of leave on full allowances which may be granted to a judge during the whole period of his service as such shall not exceed onetwentyfourth of the period spent by him on actual service together with onehalf of the aggregate periods, if any, credited to his leave account under subsection 2 a ii of section 4 as compensation for vacation not enjoyed. 3 1 subject to the provisions of subsection 2 of section 5a, the maximum period of leave which may be granted at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months. 1. subs. by act 78 of , s. 4, for the maximum period of leave which may be granted w.e.f. .

section 7. of the high court judges salaries and conditions of service act : the rules for the time being in force with respect to the grant of special disability leave in relation to an officer of the central civil services, class i who has entered service on or after the 16th july, and who may be disabled by injury caused in, or in consequence of, the due performance of his official duties or in consequence of his official position, shall apply in relation to a judge.

section 11. of the high court judges salaries and conditions of service act : a judge may be permitted to combine vacation on full salary with leave, if. a where the vacation consists of one continuous period, the leave is taken either at the commencement or at the end of the vacation but not a both b where the vacation is divided into two separate periods, the leave is taken for the interval, or part of the interval, between the two periods of that vacation, or for the interval, or part of the interval, between the second period of that vacation and the commencement of the next ensuing vacation: provided that no such permission to combine vacation with leave shall be granted if it becomes necessary to appoint an acting chief justice during the period of vacation or if the judge is not expected to return to duty at the end of such leave.

section 16. of the high court judges salaries and conditions of service act : the president of india may for special reasons direct that any period not exceeding three months shall be added to the service for pension of a judge: provided that the period so added shall be disregarded in calculating any additional pension under part i or 1 part iii of the first schedule. 1. the words and figures part ii or omitted by s. 10, ibid. w.e.f. .

section 12. of the high court judges salaries and conditions of service act : if a judge overstays his leave or any vacation, whether combined with leave or not, he shall receive no salary for the period of his absence in excess of leave granted to him or beyond the end of the vacation, as the case may be: provided that if such absence is due to circumstances beyond his control, the period thereof may be treated as leave and may be debited to his leave account.

section 13. of the high court judges salaries and conditions of service act : the authority competent to grant or refuse leave to a judge or revoke or curtail leave granted to a judge shall be the governor of the state in which the principal seat of the high court is situate, after consultation with the chief justice of that high court.

section 13a. of the high court judges salaries and conditions of service act : 1 213a. salaries of the judges.1 there shall be paid to the chief justice of a high court, by way of salary, 3 4two lakh fifty thousand rupees per mensem . 2 there shall be paid to a judge of a high court, by way of salary, 5 6two lakh twentyfive thousand rupees per mensem. 1. subs. by act 18 of , s. 4, for pension w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3. subs. by act 23 of , s. 2, for thirty thousand rupees per mensem w.e.f. . 4. subs. by act 10 of , s. 2, for ninety thousand rupees per mensem w.e.f. . 5. subs. by act 23 of , s. 2, for twentysix thousand rupees per mensem w.e.f. . 6. subs. by act 10 of , s. 2, for eighty thousand rupees per mensem w.e.f. .

section 14. of the high court judges salaries and conditions of service act : subject to the provisions of this act, every judge shall, on his retirement, be paid a pension in accordance with the scale and provisions in part i of the first schedule: provided that no such pension shall be payable to a judge unless a he has completed not less than twelve years of service for pension or 1 b he has attained the age of sixtytwo years or c his retirement is medically certified to be necessitated by illhealth: 2 provided further that if a judge at the time of his appointment is in receipt of a pension other than a disability or wound pension in respect of any previous service in the union or a state, the pension payable under this act shall be in lieu of, and not in addition to, that pension. 3 explanation.in this section judge means a judge who has not held any other pensionable post under the union or a state and includes a judge who having held any other pensionable post under the union or a state has elected to receive the pension payable under part i of the first schedule. 1. subs. by act 13 of , s. 7 w.e.f. . 2. ins. by act 46 of , s. 5 w.e.f. . 3. subs. by act 13 of , s. 7, for the explanation w.e.f. .

section 15. of the high court judges salaries and conditions of service act : 1 1 every judge 2 b who 3 has held any other 4 pensionable post under the union or a state, shall on his retirement, be paid a pension in accordance with the scale and provisions in part iii of the first schedule: provided that every such judge shall elect to receive the pension payable to him either under part i of the first schedule or, 5 part iii of the first schedule, and the pension payable to him shall be calculated accordingly. 62 notwithstanding anything contained in subsection 1, any judge to whom that subsection applies and who is in service on or after the 1st day of october, , may, if he has elected under the proviso to that subsection to receive the pension payable to him under 7 part iii of the first schedule before the date on which the high court judges conditions of service amendment act, 35 of receives the assent of the president, cancel such election and elect afresh to receive the pension payable to him under part i of the first schedule and any such judge who dies before the date of such assent shall be deemed to have elected afresh to be governed by the provisions of the said part i if the provisions of that part are more favourable in his case. 1. section 15 renumbered as subsection 1, thereof by act 35 of , s. 2 w.e.f. . 2. clause a omitted by act 13 of , s. 9 w.e.f. . 3. the words is not a member of the indian civil service but omitted by s. 9, ibid. w.e.f. . 4. subs. by act 57 of , s. 4, for pensionable civil post w.e.f. . 5. the words and figures as the case may be, part ii or omitted by act 13 of , s. 9w.e.f. . 6. ins. by act 35 of , s. 2 w.e.f. . 7.the words and figures part ii or, as the case may be, omitted by act 13 of , s. 9 w.e.f. .

section 14a. of the high court judges salaries and conditions of service act : 114a. benefit of added years of service.subject to the provisions of this act, a period of ten years shall be added and shall be deemed to have been added from the 1st day of april, for the purposes of pension, to the service of a judge who is appointed as such judge under subclause b of clause 2 of article 217 of the constitution. 1. ins. by s. 8, ibid. w.e.f. .

section 17. of the high court judges salaries and conditions of service act : the rules for the time being in force with respect to the grant of extraordinary pensions and gratuities in relation to an officer of the central civil services, class i who has entered service on or after the 1st april, and who may suffer injury or die as a result of violence, shall apply in relation to a judge, subject, however, to the modification that references in those rules to tables of injury, gratuities and pensions and of family gratuities and pensions, shall be construed as references to the tables in the second schedule.

section 21. of the high court judges salaries and conditions of service act : save as may be otherwise expressly provided in the relevant rules relating to the grant of extraordinary pensions and gratuities, the authority competent to grant pension to a judge under the provisions of this act shall be the president of india.

section 17a. of the high court judges salaries and conditions of service act : 117a. family pensions and gratuities. 2 31 where a judge who, being in service on or after the the commencement of the high court and supreme court judges conditions of service amendment act, 38 of , dies, whether before or after retirement in circumstances to which section 17 does not apply, family pension calculated at the rate of 4fifty per cent. of his salary 5 on the date of his death shall be payable to the person or persons entitled thereto and the amount so payable shall be paid from the day following the date of death of the judge for a period of seven years or for a period up to the date on which the judge would have attained the age of sixtyfive years, had he survived, whichever is earlier, 6 7and thereafter at the rate of thirty per cent of his salary 8 . 9provided that in no case the amount of family pension calculated under this subsection shall exceed exceed the pension payable to the judge under this act. explanation.for the purposes of determining the person or persons entitled to family pension under this subsection, i in relation to a judge who elects or is eligible to receive pension under part i of the first schedule, the rules, notifications and orders for the time being in force with regard to the person or persons entitled to family pension in relation to an officer of the central civil services, group a, shall apply ii in relation to a judge who elects to receive pension under 10 part iii of the first schedule, the ordinary rules of his service if he had not been appointed a judge with respect to the person or persons entitled to family pension shall apply and his service as a judge being treated as service therein. 2 where any judge, who has elected to receive the pension payable to him under 9 part iii of the first schedule, retires, or dies in circumstances to which section 17 does not apply, gratuity, if any, shall be payable to the person or persons entitled thereto under the ordinary rules of his service if he had not been appointed a judge, his service as a judge being treated as service therein for the purpose of calculating that gratuity. 3 the rules, notifications and orders for the time being in force with respect to the grant of deathcumretirement gratuity benefit to or in relation to an officer of the central civil services, class i including the provisions relating to deductions from pension for the purpose shall apply to or in relation to the grant of deathcumretirement gratuity benefit to or in relation to a judge who, being in service on or after the 1st day of october, , retires, or dies in circumstances to which section 17 does not apply, subject to the modifications that i the minimum qualifying service for the purpose of entitlement to the gratuity shall be two years and six months ii the amount of gratuity shall be calculated on the basis of 11ten days salary for 12each completed six months period of service as a judge 13 14 explanation.in 15 subsection 3, the expression judge has the same meaning as in section 14. 1. ins. by act 50 of , s. 3 retrospectively. 2. section 17a renumbered as subsection 1 thereof by act 35 of , s. 2 w.e.f. . 3. subs. by act 38 of , s. 3, for subsections 1 and 2 w.e.f. . 4. subs. by act 7 of , s. 2, for sixty per cent. of the pension admissible to him w.e.f. . 5. the words /plus fifty per cent. of his dearness pay omitted by act 23 of , s. 3 w.e.f. . 6. subs. by act 7 of , s. 2, for and thereafter at the rate of half of the family pension so admissible w.e.f. . 7. subs. by act 46 of , s. 2, for and thereafter at the rate of thirty per cent. of his salary subject to a minimum of three hundred and seventyfive rupees per months w.e.f. . 8. the words plus thirty per cent. of his dearness pay subject to a minimum of one thousand nine hundred and thirteen rupees per month omitted by act 23 of , s. 3 w.e.f. . 9. the proviso inserted by act 7 of , s. 2 w.e.f. . 10.the words and figures part ii or omitted by act 13 of , s. 11 w.e.f. . 11. subs. by act 7 of , s. 4, for twenty days w.e.f. . 12. subs. by s. 4, ibid., for each completed year w.e.f. . 13. the word and omitted by 20 of , s. 2 w.e.f. . 14. clause iii omitted by s. 2, ibid. w.e.f. . 15. subs. by act 38 of , s. 3, for subsections 2 and 3 w.e.f. .

section 17b. of the high court judges salaries and conditions of service act : 117b. additional quantum of pension or family pension. every retired judge or after his death, the family, as the case may be, shall be entitled to an additional quantum of pension or family pension in accordance with the following scale: age of pensioner or family pensioner additional quantum of pension or family pension. from eighty years to less than eightyfive years twenty per cent. of basic pension or family pension from eightyfive years to less than ninety years thirty per cent. of basic pension or family pension from ninety years to less than ninetyfive years forty per cent. of basic pension or family pension from ninetyfive years to less than hundred years fifty per cent. of basic pension or family pension from hundred years or more hundred per cent. of basic pension or family pension. 2explanation: for the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale. 1. ins. by act 23 of , s. 4 w.e.f. . 2.ins. by act 44 of , s. 2 w.e.f. .

section 18.. of the high court judges salaries and conditions of service act : conversion of sterling pension into rupees. omitted by the high court and the supreme court judges salaries and conditions of service amendment act, 13 of , s. 12 w.e.f. .

section 20. of the high court judges salaries and conditions of service act : every judge shall be entitled to subscribe to the general provident fund central services: provided that a judge who 1 has held any other pensionable civil post under the union or a state shall continue to subscribe to the provident fund to which he was subscribing before his appointment as a judge: 2 1. the words is a member of the indian civil service or omitted by act 13 of , s. 13 w.e.f. . 2. the second proviso omitted by s. 13, ibid. w.e.f. .

section 19. of the high court judges salaries and conditions of service act : the civil pensions commutation rules for the time being in force shall, with necessary modifications, apply to judges.

section 20a. of the high court judges salaries and conditions of service act : 120a.deposit linked insurance scheme.the deposit linked insurance scheme for the time being in force under the general provident fund central services rules, , shall apply to every judge whether he subscribes to the general provident fund central services or any other provident fund referred to in section 20. 1 ins. by act 38 of , s. 4 w.e.f. .

section 22. of the high court judges salaries and conditions of service act : every judge shall receive such reasonable allowances to reimburse him for expenses incurred in travelling on duty within the territory of india and shall be afforded such reasonable facilities in connection with travelling as may, from time to time, be prescribed.

section 22b. of the high court judges salaries and conditions of service act : 122b.conveyance facilities.every judge shall be entitled to a staff car and 2 two hundred litres of of fuel every month or the actual consumption of fuel per month, whichever is less. 1. subs. by act 38 of , s. 5, for subsections 22b and 22c w.e.f. . 2. subs. by act 20 of , s. 4, for one hundred and fifty liters of petrol every month or the actual consumption of petrol w.e.f. .

section 23b.. of the high court judges salaries and conditions of service act : special provisions in respect of continuing judges.omitted by the high court and the supreme court judges salaries and conditions of service amendment act, 13 of , s. 14 w.e.f. 54 .

section 22a. of the high court judges salaries and conditions of service act : 1a. facility of rentfree houses.1 every judge shall be entitled without payment of rent to the the use of an official residence in accordance with such rules as may, from time to time, be made in this behalf. 2 2 where a judge does not avail himself of the use of an official residence, he may be paid every month an allowance equivalent to an amount of twentyfour per centum of the salary which shall be increased at the rate of a twentyseven per centum, when dearness allowance crosses twentyfive per centum and b thirty per centum, when dearness allowance crosses fifty per centum. 1. ins. by act 35 of , s. 4 w.e.f. . 2. subs. by act 10 of , s. 3, for subsection 2 w.e.f. .

section 22c. of the high court judges salaries and conditions of service act : 122c.sumptuary allowance.the chief justice and each of the other judges of every high court shall be entitled to a sumptuary allowance of 2thirtyfour thousand and twentyseven thousand rupees per month respectively. 1. subs. by act 23 of , s. 6, for section 22c w.e.f. . 2. subs. by act 10 of , s. 4, for fifteen thousand and twelve thousand w.e.f. .

section 22d. of the high court judges salaries and conditions of service act : 122d.exemption from liability to pay incometax on certain perquisites received by a judge.notwithstanding anything contained in the incometax act, 43 of , a the value of rentfree official residence provided to a judge under subsection 1 of section 22a or the allowance paid to him under subsection 2 of that section b the value of the conveyance facilities provided to a judge under section 22b c the sumptuary allowance provided to a judge under section 22c 2 d the value of leave travel concession provided to a judge and members of his family, shall not be included in the computation of his income chargeable under the head salaries under section 15 of the income tax act 43 of . 1. subs. by act 20 of , s. 3, for section 22d w.e.f. . 2. ins. by act 2 of , s. 2 w.e.f. .

section 23c. of the high court judges salaries and conditions of service act : 123c. special provisions in respect of judges transferred from the high court of jammu and kashmir.1 in the calculation of service for pension of a judge of the high court of jammu and kashmir transferred to any other high court, his service for pension as a judge of the high court of jammu and kashmir shall also be reckoned as service for pension under this act. 2 in the calculation of the amount of leave at the credit of a judge of the high court of jammu and kashmir transferred to any other high court, the amount of leave due to him as a judge of the high court of jammu and kashmir shall be added to the amount of leave at his credit under this act. state amendment jammu and kashmir and ladakh uts. section 23c.omit vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 27 of , s. 3 w.e.f. .

section 23. of the high court judges salaries and conditions of service act : show related subordinates 1 every judge and the members of his family shall be entitled to such facilities for medical treatment and for accommodation in hospitals as may, from time to time, be prescribed. 2 the conditions of service of a judge for which no express provision has been made in this act shall be such as may be determined by rules made under this act. 3 this section shall be deemed to have come into force on the 26th january, and any rule made under this section may be made so as to be retrospective to any date not earlier than the commencement of this section.

section 23a. of the high court judges salaries and conditions of service act : 123a. vacation of high courts.1 every high court shall have a vacation or vacations for such period or periods as may, from time to time, be fixed by the president, by order notified in this behalf in the official gazette, and every such order shall have effect notwithstanding anything contained in any other law, rule or order regulating the vacation of the high court. 2 every order made under subsection 1 shall be laid before each house of parliament. 1. ins. by act 46 of , s. 7 w.e.f. .

section 25.. of the high court judges salaries and conditions of service act : savings.omitted by the high court and the supreme court judges salaries and conditions of service amendment act, 13 of , s. 16 w.e.f. .

section 23d. of the high court judges salaries and conditions of service act : 123d. medical facilities for retired judges.1 every retired judge shall, with effect from the date on which the high court judges conditions of service amendment act, 35 of receives the assent of the president, be entitled, for himself and his family, to the same facilities as respects medical treatment and on the same conditions as a retired officer of the central civil services, class i, and his family, are entitled under any rules and orders of the central government for the time being in force. 2 notwithstanding anything contained in subsection 1 but subject to such conditions and restrictions as the central government may impose, a retired judge of the high court for a state may avail, for himself and his family, any facilities for medical treatment which the government of that state may extend to him. 1. ins. by act 35 of , s. 5 w.e.f. .

section 24. of the high court judges salaries and conditions of service act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a leave of absence of a judge 1 aa the number of casual leaves and the conditions subject to which it may be allowed under subsection 3 of section 3 b pension payable to a judge c travelling allowances to a judge 2 ca use of official residence by a judge under subsection 1 of section 22a d facilities for medical treatment and other conditions of service of a judge e any other manner which has to be, or may be, prescribed. 3 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 13 of , s. 15 w.e.f. . 2. ins. by act 35 of , s. 6 w.e.f. . 3. subs. by s. 6, ibid., for subsection 3 w.e.f. .

section 8. of the army act : 1 whenever persons subject to this act are serving under an officer commanding any military organisation, not in this section specifically named and being in the opinion of the central government not less than a brigade, that government may prescribe the officer by whom the powers, which under this act may be exercised by officers commanding armies, army corps, divisions and brigades, shall, as regards such persons, be exercised. 2 the central government may confer such powers, either absolutely or subject to such restrictions, reservations, exceptions and conditions, as it may think fit.

section 1. of the army act : 1 this act may be called the army act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 22nd july, , vide notification no. s.r., dated the 22nd july, , see gazette of india, part ii, s. 4.

section 7. of the army act : 1 every person subject to this act under 1clause i of subsection 1 of section 2 shall, for the purposes of this act, be deemed to be under the commanding officer of the corps, department of detachment, if any, to which he is attached, and, if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person for the time being is serving, or any other prescribed officer, or, if no such officer is named or prescribed, under the command of the said officer commanding the force. 2 an officer commanding a force shall not place a person subject to this act under 1clause i of subsection 1 of section 2 under the command of an officer of rank inferior to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed. 1. subs. by act 56 of , s. 3 and the second schedule, for clause i of section 2.

section 5.. of the army act : application of act to forces of part b states. omitted by the adaptation of laws no. 3 order, .

section 3. of the army act : in this act, unless the context otherwise requires, i active service, as applied to a person subject to this act, means the time during which such person a is attached to, or forms part of, a force which is engaged in operations against an enemy, or b is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or c is attached to or forms part of a force which is in military occupation of a foreign country ii civil offence means an offence which is triable by a criminal court iii civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force 1iv chief of the army staff, means the officer commanding the regular army v commanding officer, when used in any provision of this act, with reference to any separate portion of the regular army or to any department thereof, means the officer whose duty it is under the regulations of the regular army,or in the absence of any such regulations, by the custom of the service, to discharge with respect to that portion of the regular army or that department, as the case may be, the functions of a commanding officer in regard to matters of the description referred to in that provision vi corps means any separate body of persons subject to this act, which is prescribed as a corps for the purposes of all or any of the provisions of this act vii courtmartial means a courtmartial held under this act viii criminal court means a court of ordinary criminal justice in any part of india 2 ix department includes any division or branch of a department x enemy includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act xi the forces means the regular army, navy and air force or any part of any one or more of them xii junior commissioned officer means a person commissioned, gazetted or in pay as a junior commissioned officer in the regular army or the indian reserve forces, and includes a person holding a junior commission in the indian supplementary reserve forces, or the territorial army, 3 who is for the time being subject to this act xiii military custody means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody xiv military reward includes any gratuity or annuity for long service or good conduct, good service pay or pension, and any other military pecuniary reward xv noncommissioned officer means a person holding a noncommissioned rank or an acting noncommissioned rank in the regular army or the indian reserve forces, and includes a noncommissioned officer or acting noncommissioned officer of the indian supplementary reserve forces or the territorial army 4 , who is for the time being subject to this act xvi notification means a notification published in the official gazette xvii offence means any act or omission punishable under this act and includes a civil offence as hereinbefore defined xviii officer means a person commissioned, gazetted are in pay as an officer in the regular army, and includes a an officer of the indian reserve forces b an officer holding a commission in the territorial army granted by the president with designation of rank corresponding to that of an officer of the regular army who is for the time being subject to this act c an officer of the army in india reserve of officers who is for the time being subject to this act d an officer of the indian regular reserve of officers who is for the time being subject to this act 5 f in relation to a person subject to this act when serving under such conditions as may be prescribed, an officer of the navy or air force but does not include a junior commissioned officer, warrant officer, petty officer or noncommissioned officer xix prescribed means prescribed by rules made under this act xx provostmarshal means a person appointed as such under section 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf xxi regular army means officers, junior commissioned officers, warrant officers, noncommissioned officers and other enrolled persons who, by their commission, warrant, terms of enrolment or otherwise, are liable to warrant, terms of enrolment or otherwise, are liable to union in any part of the world, including persons belonging to the reserve forces and the territorial army when called out on permanent service xxii regulation includes a regulation made under this act xxiii superior officer, when used in relation to a person subject to this act, includes a junior commissioned officer, warrant officer and a noncommissioned officer, and, as regards persons placed under his orders, an officer, warrant officer, petty officer and noncommissioned officer of the navy or air force xxiv warrant officer means a person appointed, gazetted or in pay as a warrant officer of the regular army or of the indian reserve forces, and includes a warrant officer of the indian supplementary reserve forces or of the territorial army 6 who is for the time being subject to this act xxv 7all words except the word india and expressions used but not defined in this act and defined in the indian penal code 45 of shall be deemed to have the meanings assigned to them in that code. 1. subs. by act 19 of ,. s. 2 and the schedule, for clause iv. 2. the words other than the state of jammu and kashmir omitted by act 13 of , s. 3 w.e.f. . 3. the words and letter or a junior or equivalent commission in the land forces of a part b state omitted by the adaptation of laws no. 3 order, . 4. the words and letter or the land forces of a part b state omitted, ibid. 5. omitted by the adaptation of laws no. 3 order, . 6.the words and letter or the land forces of a part b state omitted, ibid. 7. subs. by act 13 of , s. 3, for all words w.e.f. 251 .

section 2. of the army act : 1 the following persons shall be subject to this act wherever they may be, namely: a officers, junior commissioned officers and warrant officers of the regular army b persons enrolled under this act c persons belonging to the indian reserve forces d persons belonging to the indian supplementary reserve forces when called out for service or when carrying out the annual test e officers of the territorial army, when doing duty as such officers, and enrolled persons of the said army when called out or embodied or attached to any regular forces, subject to such adaptations and modifications as may be made in the application of this act to such persons under subsection 1 of section 9 of the territorial army act, 56 of . f persons holding commissions in the army in india reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces g officers appointed to the indian regular reserve of officers, when ordered on any duty or service for which they are liable as members of such reserve forces 1 i persons not otherwise subject to military law who, on active service, in camp, on the march or at any frontier post specified by the central government by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the regular army. 2 every person subject to this act under clauses a to 2g of subsection 1 shall remain so subject until duly retired, discharged, released, removed, dismissed or cashiered from the service. 1. omitted by the adaptation of laws no. 3 order, . 2. subs. ibid., for clause h.

section 9. of the army act : notwithstanding anything contained in clause i of section 3, the central government may, by notification, declare that any person or class of persons subject to this act shall, with reference to any area in which they may be serving or with reference to any provision of this act or of any other law for the time being in force, be deemed to be on active service within the meaning of this act.

section 10. of the army act : the president may grant, to such person as he thinks fit, a commission as an officer, or as a junior commissioned officer or appoint any person, as a warrant officer of the regular army

section 4. of the army act : 1 the central government may, by notification, apply, with or without modifications, all or any of the provisions of this act to any force raised and maintained in india under the authority of that government, 1 and suspend the operation of any other enactment for the time being applicable to the said force. 2 the provisions of this act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this act holding in the regular army the same or equivalent rank as the aforesaid persons hold for the time being in the said force. 3 the provisions of this act so applied shall also have effect in respect of persons who are employed by or are in the service of or are followers of or accompany any portion of the said force as they have effect in respect of persons subject to this act under 2clause i of subsection 1 of section 2. 4 while any of the provisions of this act apply to the said force, the central government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force. 1. the words including any force maintained by a part b state omitted by the adaptation of laws no. 3 order, . 2. subs. by act 56 of , s. 3 and the second schedule, for clause i of section 2.

section 6. of the army act : 1 the central government may, by notification, direct that any persons or class of persons subject to this act under 1clause i of subsection 1 of section 2 shall be so subject as officers, junior commissioned officers, warrant officers or noncommissioned officers and may authorise any officer to give a like direction and to cancel such direction. 2 all persons subject to this act other than officers, junior commissioned officers, warrant officers and noncommissioned officers shall, if they are not persons in respect of whom a notification or direction under subsection 1 is in force, be deemed to be of a rank inferior to that of a noncommissioned officer. 1. subs. by act 56 of , s. 3 and the second schedule, for clause i of section 2.

section 11. of the army act : no person who is not a citizen of india shall, except with the consent of the central government signified in writing, be enrolled in the regular army: provided that nothing contained in this section shall bar the enrolment of the subjects of nepal in the regular army.

section 13. of the army act : upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question, he will be liable to punishment under this act, record or cause to be recorded his answer to each such question.

section 18. of the army act : every person subject to this act shall hold office during the pleasure of the president.

section 12. of the army act : no female shall be eligible for enrolment or employment in the regular army, except in such corps, department, branch or other body forming part of, or attached to any portion of, the regular army as the central government may, by notification in the official gazette, specify in this behalf: provided that nothing contained in this section shall affect the provisions of any law for the time being in force providing for the raising and maintenance of any service auxiliary to the regular army ,or any branch thereof in which females are eligible for enrolment or employment.

section 14. of the army act : if, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.

section 15. of the army act : every person who has for the space of three months been in receipt of pay as a person enrolled under this act and been borne on the rolls of any corps or department shall be deemed to have been duly enrolled, and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this act or invalidate any proceeding, act or thing taken or done prior to his discharge.

section 16. of the army act : the following persons shall be attested, namely: a all persons enrolled as combatants b all persons selected to hold a noncommissioned or acting noncommissioned rank and c all other persons subject to this act as may be prescribed by the central government.

section 17. of the army act : 1 when a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his corps or such portion thereof or such members of his department as may be present, or by any other prescribed person. 2 the form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will bear true allegiance to the constitution of india as by law established, and that he will serve in the regular army and go wherever he is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. 3 the fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.

section 19. of the army act : subject to the provisions of this act and the rules and regulations made thereunder the central government may dismiss, or remove from the service, any person subject to this act.

section 21. of the army act : subject to the provisions of any law for the time being in force relating to the regular army or to any branch thereof, the central government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this act a to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations b to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes c to communicate with the press or to publish or cause to be published any book, letter or other document.

section 20. of the army act : 1 1the chief of the army staff may dismiss or remove from the service any person subject to this act other than an officer. 2 1the chief of the army staff may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer. 3 an officer having power not less than a brigade or equivalent commander or any prescribed officer may dismiss or remove from the service any person serving under his command other than an officer or a junior commissioned officer. 4 any such officer as is mentioned in subsection 3 may reduce to a lower grade or rank or the ranks, any warrant officer or any noncommissioned officer under his command. 5 a warrant officer reduced to the ranks under this section shall not, however, be required to serve in the ranks as a sepoy. 6 the commanding officer of an acting noncommissioned officer may order him to revert to his permanent grade as a noncommissioned officer, or if he has no permanent grade above the ranks, to the ranks. 7 the exercise of any power under this section shall be subject to the said provisions contained in this act and the rules and regulations made thereunder. 1.subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 26. of the army act : 1 any person subject to this act other than an officer who deems himself wronged by any superior or other officer may, if not attached to a troop or company, complain to the officer under whose command or orders he is serving and may, if attached to a troop or company, complain to the officer commanding the same. 2 when the officer complained against is the officer to whom any complaint should, under subsection 1, be preferred, the aggrieved person may complain to such officers next superior officer. 3 every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant or, when necessary, refer the complaint to superior authority. 4 every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. 5 the central government may revise any decision by 1the chief of the army staff under subsection 2, but, subject thereto, the decision of 1the chief of the army staff shall be final. 1. subs. by act 19 of , s. 2 and the schedule for the commanderinchief.

section 23. of the army act : every junior commissioned officer, warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate, in the language which is the mother tongue of such person and also in the english language setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the regular army.

section 27. of the army act : any officer who deems himself wronged by his commanding officer or any superior officer and who on due application made to his commanding officer does not receive the redress to which he considers himself entitled, may complain to the central government in such manner as may from time to time be specified by the proper authority.

section 24. of the army act : 1 any person enrolled under this act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of india, and requests to be sent to india, shall, before being discharged, be sent to india with all convenient speed. 2 any person enrolled under this act who is dismissed from the service and who, when he is so dismissed, is serving out of india, shall be sent to india with all convenient speed. 3 where any such person as is mentioned in subsection 2 is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of transportation or imprisonment, a portion of such sentence may be inflicted before he is sent to india. 4 for the purposes of this section, the word discharge shall include release, and the word dismissal shall include removal.

section 22. of the army act : any person subject to this act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.

section 25. of the army act : the pay of every person subject to this act due to him as such under any regulation for the time being in force shall be paid without any deduction other than the deductions authorised by or under this or any other act.

section 28. of the army act : neither the arms, clothes, equipment, accoutrements or necessaries of any person subject to this act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer in satisfaction of any decree or order enforceable against him.

section 29. of the army act : 1 no person subject to this act shall, so long as he belongs to the forces, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. 2 the judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section and may, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. 3 for the recovery of such costs no courtfee shall be payable by the complainant.

section 35. of the army act : any person subject to this act who commits any of the following offences, that is to say, a is taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so or b without due authority holds correspondence with or communicates intelligence to the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding or other superior officer or c without due authority sends a flag of truce to the enemy shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 30. of the army act : 1 no presiding officer or member of a courtmartial, no judge advocate, no party to any proceeding before a courtmartial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a courtmartial shall, while proceeding to, attending or returning from, a courtmartial, be liable to arrest under civil or revenue process. 2 if any such person is arrested under any such process, he may be discharged by order of the courtmartial.

section 31. of the army act : every person belonging to the indian reserve forces shall, when called out for or engaged in or returning from, training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this act.

section 32. of the army act : 1 on the presentation to any court by or on behalf of any person subject to this act of a certificate from the proper military authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. 2 the certificate from the proper military authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. 3 no fee shall be payable to the court in respect of the presentation of any such certificate, or of any application by or on behalf of any such person, for priority for the hearing of his case. 4 where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. 5 if in any case a question arises as to the proper military authority qualified to grant such certificate as aforesaid, such question shall at once be referred by the court to an officer having power not less than a brigade or equivalent commander whose decision shall be final.

section 33. of the army act : the rights and privileges specified in the preceding sections of this chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons subject to this act or on members of the regular army, navy and air force generally by any other law for the time being in force.

section 36. of the army act : any person subject to this act who commits any of the following offences, that is to say, a forces a safeguard, or forces or uses criminal force to a sentry or b breaks into any house or other place in search of plunder or c being a sentry sleeps upon his post, or is intoxicated or d without orders from his superior officer leaves his guard, picquet, patrol or post or e intentionally or through neglect occasions a false alarm in camp, garrison, or quarters or spreads reports calculated to create unnecessary alarm or despondency or f makes known the parole, watchword or countersign to any person not entitled to receive it or knowingly gives a parole, watchword or countersign different from what he received shall, on conviction by courtmartial, if he commits any such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he commits any such offence when not on active service, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 39. of the army act : any person subject to this act who commits any of the following offences, that is to say, a absents himself without leave or b without sufficient cause overstays leave granted to him or c being on leave of absence and having received information from proper authority that any corps, or portion of a corps, or any department, to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay or d without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty or e when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march or f when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer or g without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 34. of the army act : any person subject to this act who commits any of the following offences, that is to say, a shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts or b intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy or c in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice or d treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the union or e directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or f treacherously or through cowardice sends a flag of truce to the enemy or g in time of war or during any military operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency or h in time of action leaves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave or i having been made a prisoner of war, voluntarily serves with or aids the enemy or j knowingly harbours or protects an enemy not being a prisoner or k being a sentry in time of war or alarm, sleeps upon his post or is intoxicated or l knowingly does any act calculated to imperil the success of the military, naval or air forces of india or any forces cooperating therewith or any part of such forces shall, on conviction by courtmartial, be liable to suffer death or such less punishment as is in this act mentioned.

section 37. of the army act : any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes, or conspires with any other persons to cause any mutiny in the military, naval or air forces of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer or e endeavours to seduce any person in the military, naval. or air forces of india from his duty or allegiance to the union shall, on conviction by courtmartial, be liable to suffer death or such less punishment as is in this act mentioned.

section 38. of the army act : 1 any person subject to this act who deserts or attempts to desert the service shall, on conviction by courtmartial, if he commits the offence on active service or when under orders for active service, be liable to suffer death or such less punishment as is in this act mentioned and if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act who, knowingly harbours any such deserter shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 3 any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 40. of the army act : any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer shall, on conviction by courtmartial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of an offence specified in clause c, the imprisonment shall not exceed five years.

section 41. of the army act : 1 any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise shall on conviction by court martial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by court martial, if he commits such offence when on active service, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he commits such offence when not on active service, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 42. of the army act : any person subject to this act who commits any of the following offences, that is to say, a being concerned in any quarrel, affray, or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer or b uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer or c resists an escort whose duty it is to apprehend him or to have him in charge or d breaks out of barracks, camp or quarters or e neglects to obey any general, local or other order or f impedes the provostmarshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provostmarshal or any person lawfully acting on his behalf or g uses criminal force to or assaults any person bringing provisions or supplies to the forces shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses d and e to two years, and in the case of the offences specified in the other clauses to ten years, or such less punishment as is in this act mentioned.

section 43. of the army act : any person subject to this act who commits any of the following offences, that is to say, a without having obtained a regular discharge from the corps or department to which he belongs, or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or department or any part of the naval or air forces of india or the territorial army or b is concerned in the enrolment in any part of the forces of any person when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this act shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 47. of the army act : any officer, junior commissioned officer, warrant officer or noncommissioned officer who uses criminal force to or otherwise illtreats any person subject to this act, being his subordinate in rank or position, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 44. of the army act : any person having become subject to this act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 49. of the army act : any person subject to this act who commits any of the following offences, that is to say, a when in command of a guard, picquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed or b wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard shall, on conviction by courtmartial, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 45. of the army act : any officer, junior commissioned officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned and, if he is a junior commissioned officer or a warrant officer, be liable to be dismissed or to suffer such less punishment as is in this act mentioned.

section 46. of the army act : any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 50. of the army act : any person subject to this act who commits any of the following offences, that is to say, a unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation or b having committed a person to military custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within fortyeight hours. thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 48. of the army act : 1 any person subject to this act who is found in a state of intoxication, whether on duty or not, shall, on conviction by courtmartial, if he is an officer, be liable to be cashiered or to suffer such less punishment as is in this act mentioned and, if he is not an officer, be liable, subject to the provisions of subsection 2, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned. 2 where an offence of being intoxicated is committed by a person other than an officer when not on active service or not on duty, the period of imprisonment awarded shall not exceed six months.

section 54. of the army act : any person subject to this act who commits any of the following offences, that is to say, a makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments. tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him or b loses by neglect anything mentioned in clause a or c sells, pawns, destroys or defaces any medal or decoration granted to him shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend in the case of the offences specified in clause a to ten years, and in the case of the offences specified in the other clauses to five years, or such less punishment as is in this act mentioned.

section 53. of the army act : any person subject to this act who commits any of the following offences, that is to say, a commits extortion or b without proper authority exacts from any person money, provisions or service shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 51. of the army act : any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 52. of the army act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government, or to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or injures any property of the government entrusted to him or f does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 56. of the army act : any person subject to this act who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this act, knowing or having reason to believe such statement to be false or knowingly and wilfully suppresses any material facts shall, on conviction by courtmartial be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 62. of the army act : any person subject to this act who commits any of the following offences, that is to say, a wilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the government: or b is guilty of any act or neglect likely to cause such damage, destruction or loss or c without lawful authority disposes of any aircraft or aircraft material belonging to the government or d is guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person or e during a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral state, or the destruction in a neutral state of any aircraft, belonging to the government shall, on conviction by courtmartial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned, and, in any other case, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 55. of the army act : any person subject to this act who commits any of the following offences, that is to say, a destroys or injures any property mentioned in clause a of section 54 or any property belonging to any military, naval or air force mess, band or institution, or to any person subject to military, naval or air force law, or serving with, or attached to, the regular army or b commits any act which causes damage to, or destruction of, any property of the government by fire or c kills, injures, makes away with, illtreats or loses any, animal entrusted to him shall, on conviction by courtmartial, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 57. of the army act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 58. of the army act : any person subject to this act who commits any of the following offences, that is to say, a when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any, property of the government fraudulently leaves in blank any material part for which his signature is a voucher or b refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 59. of the army act : any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a court martial, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a courtmartial to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a courtmartial to be produced or delivered by him or d refuses when a witness to answer any question which he is by law bound to answer or e is guilty of contempt of courtmartial by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 64. of the army act : any person subject to this act who commits any of the following offences, that is to say, a being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority or b by defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person or c attempts to commit suicide, and in such attempt does any act towards the commission of such offence or d being below the rank of warrant officer, when off duty, appears without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon or e directly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service or f commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 66. of the army act : any person subject to this act who abets the commission of any of the offences specified in sections 34 to 64 inclusive shall, on conviction by courtmartial, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned.

section 60. of the army act : any person subject to this act who, having been duly sworn or affirmed before any courtmartial or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 67. of the army act : any person subject to this act who abets the commission of any of the offences punishable with death under sections 34, 37 and subsection 1 of section 38 shall, on conviction by court martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 61. of the army act : any officer, junior commissioned officer, warrant officer or noncommissioned officer who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by court martial, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 63. of the army act : any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and military discipline shall, on conviction by courtmartial, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 65. of the army act : any person subject to this act who attempts to commit any of the offences specified in sections 34 to 64 inclusive and in such attempt does any act towards the commission of the offence, shall, on conviction by courtmartial, where no express provision is made by this act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 68. of the army act : any person subject to this act who abets the commission of any of the offences specified in sections 34 to 64 inclusive and punishable with imprisonment shall, on conviction by courtmartial, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 69. of the army act : subject to the provisions of section 70, any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section, shall be liable to be tried by a courtmartial and, on conviction, be punishable as follows, that is to say, a if the offence is one which would be punishable under any law in force in india with death or with transportation, he shall be liable to suffer any punishment, other than whipping, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned and b in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.

section 70. of the army act : a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this act and shall not be tried by a courtmartial, unless he commits any of the said offences a while on active service, or b at any place outside india, or c at a frontier post specified by the central government by notification in this behalf. 1 1. the explanation omitted by act 13 of , s. 3 w.e.f. .

section 71. of the army act : punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by courtsmartial, according to the scale following, that is to say, a death b transportation for life or for any period not less than seven years c imprisonment, either rigorous or simple, for any period not exceeding fourteen years d cashiering, in the case of officers e dismissal from the service f reduction to the ranks or to a lower rank or grade or place in the list of their rank, in the case of warrant officers and reduction to the ranks or to a lower rank or grade, in the case of noncommissioned officers: provided that a warrant officer reduced to the ranks shall not be required to serve in the ranks as a sepoy g forfeiture of seniority of rank, in the case of officers, junior commissioned officers, warrant officers and noncommissioned officers and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service h forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose i severe reprimand or reprimand, in the case of officers, junior commissioned officers, warrant officers and noncommissioned officers j forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service k forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dismissal l stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.

section 72. of the army act : subject to the provisions of this act, a courtmartial may, on convicting a person subject to this act of any of the offences specified in sections 34 to 68 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 71, regard being had to the nature and degree of the offence.

section 78. of the army act : when, on active service, any enrolled person has been sentenced by a courtmartial to dismissal, or to transportation or imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of transportation or imprisonment, if any.

section 73. of the army act : a sentence of a courtmartial may award in addition to, or without any one other punishment, the punishment specified in clause d or clause e of section 71 and any one or more of the punishments specified in clauses f to l of that section.

section 74. of the army act : an officer shall be sentenced to be cashiered before he is awarded any of the punishments specified in clauses a to c of section 71.

section 79. of the army act : punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of a courtmartial and in the manner stated in sections 80, 83, 84 and 85.

section 75.. of the army act : field punishment. omitted by the army amendment act, 37 of , s. 2 w.e.f. .

section 76.. of the army act : position of field punishment in scale of punishments. omitted by the army amendment act, 37 of , s. 2 w.e.f. .

section 80. of the army act : subject to the provisions of section 81, a commanding officer or such other officer as is, with the consent of the central government, specified by 1the chief of the army staff, may, in the prescribed manner, proceed against a person subject to this act other wise than as an officer, junior commissioned officer or warrant officer who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say, a imprisonment in military custody up to twentyeight days b detention up to twentyeight days c confinement to the lines up to twentyeight days d extra guards or duties e deprivation of a position of the nature of an appointment or of corps or working pay, and in the case of noncommissioned officers, also deprivation of acting rank or reduction to a lower grade of pay f forfeiture of good service and good conduct pay g severe reprimand or reprimand h fine up to fourteen days pay in any one month i penal deductions under clause g of section 91 2 1. subs. by act 19 of . s. 2 and sch., for the commanderinchief. 2. omitted by act 37 of , s. 4.

section 77. of the army act : a warrant officer or a non commissioned officer sentenced by a courtmartial to transportation, imprisonment, 1 or dismissal from the service, shall be deemed to be reduced to ranks. 1. the words field punishment omitted by act 37 of , s. 3.

section 83. of the army act : an officer having power not less than a brigade, or an equivalent commander or such other officer as is, with the consent of the central government, specified by 1the chief of the army staff may in the prescribed manner, proceed against an officer below the rank of a field officer, a junior commissioned officer or a warrant officer, who is charged with an offence under this act, and award one or more of the following punishments, that is to say, a severe reprimand or reprimand b stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 82. of the army act : 1the chief of the army staff may, with the consent of the central government, specify such other punishments as may be awarded under section 80 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 81. of the army act : 1 . 2 in the case of an award of two or more of the punishments specified in clauses a, b, c and d of the said section, the punishment specified in clause c or clause d shall take effect only at the end of the punishment specified in clause a or clause b. 3 when two or more of the punishments specified in the said clauses a, b and c are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days. 4 the punishments specified in clauses 2a, b and c of section 80 shall not be awarded to any person who is of the rank of noncommissioned officer or was, at the time of committing the offence for which he is punished, of such rank. 5 the punishment specified in clause g of the said section shall not be awarded to any person below the rank of a non commissioned officer. 1. omitted by act 37 of , s. 5. 2. subs. by s. 5, ibid., for a, b, c and j.

section 84. of the army act : an officer having power not less than an area commander or an equivalent commander or an officer empowered to convene a general courtmartial or such other officer as is, with the consent of the central government, specified by 1the chief of the army staff may, in the prescribed manner, proceed against an officer below the rank of lieutenantcolonel, a junior commissioned officer or a warrant officer, who is charged with an offence under this act, and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a courtmartial b severe reprimand or reprimand c stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 85. of the army act : a commanding officer or such other officer as is, with the consent of the central government, specified by 2the chief of the army staff may, in the prescribed manner, proceed against a junior commissioned officer who is charged with an offence under this act 2and award one or more of the following punishments, that is to say, i severe reprimand or reprimand ii stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good: provided that the punishment specified in clause i shall not be awarded if the commanding officer or such other officer is below the rank of colonel. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief. 2. subs. by act 37 of , s. 6, for certain words.

section 86. of the army act : in every case in which punishment has been awarded under any of the sections 83, 84 and 85, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior military authority as defined in section 88.

section 87. of the army act : if any punishment awarded under any of the sections 83, 84 and 85 appears to a superior military authority as defined in section 88 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

section 89. of the army act : 1 whenever any weapon or part of a weapon forming part of the equipment of a half squadron, battery, company or other similar unit is lost or stolen, the officer commanding the army, army corps, division or independent brigade to which such unit belongs may, after obtaining the report of a court of inquiry, impose a collective fine upon the junior commissioned officers, warrant officers, noncommissioned officers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. 2 such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.

section 92. of the army act : for the purposes of clauses a and b of section 91, a no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards b any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any military duty which was thereby thrown upon some other person c absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody d a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day.

section 88. of the army act : for the purpose of sections 86 and 87, a superior military authority means a in the case of punishments awarded by a commanding officer, any officer superior in command to such commanding officer b in the case of punishments awarded by any other authority, the central government, 1the chief of the army staff or other officer specified by 1the chief of the army staff. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 90. of the army act : the following penal deductions may be made from the pay and allowances of an officer, that is to say, a all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer and has been approved by the central government b all pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence for which he is afterwards convicted by a criminal court or a courtmartial or by an officer exercising authority under section 83 or section 84 c any sum required to make good the pay of any person subject to this act which he has unlawfully retained or unlawfully refused to pay d any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court martial by whom he is convicted of such offence, or by an officer exercising authority under section 83 or section 84 e all pay and allowances ordered by a courtmartial 1 to be forfeited or stopped f any sum required to pay a fine awarded by a criminal court or a courtmartial exercising jurisdiction under section 69 g any sum required to make good any loss, damage, or destruction of public or regimental property which, after due investigation, appears to the central government to have been occasioned by the wrongful act or negligence on the part of the officer h all pay and allowances forfeited by order of the central government if the officer is found by a court of inquiry constituted by 2the chief of the army staff in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy, through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so i any sum required by order of the central government 3or any prescribed officers to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child. 1. the words and figures or an officer exercising authority under section 85 omitted by act 37 of , s. 7. 2. subs. by act 19 of , s. 2 and the schedule, for the commander inchief. 3. ins. by act 37 of , s. 7.

section 91. of the army act : subject to the provisions of section 94 the following penal deductions may be made from the pay and allowances of a person subject to this act other than an officer, that is to say, a all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, a courtmartial or an officer exercising authority under section 80, 1 b all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a courtmartial, or on a charge of absence without leave for which he is afterwards awarded imprisonment 2 by an officer exercising authority under section 80 c all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this act committed by him d for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the central government or such officer as may be specified by that government e all pay and allowances ordered by a courtmartial or by an officer exercising authority under any of the sections 80, 83, 84 and 85, to be forfeited or stopped f all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy g any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property as may be awarded by his commanding officer h any sum required to, pay a fine awarded by a criminal court, a courtmartial exercising jurisdiction under section 69, or an officer exercising authority under any of the sections 80 and 89 i any sum required by order of the central government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said government to the said wife or child. 1. certain words omitted by s. 8, ibid. 2. the words the field punishment omitted by s. 8, ibid.

section 93. of the army act : in the case of any person subject to this act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause b of sections 90 and 91.

section 100. of the army act : for the purposes of sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 96, and if he is cashiered or dismissed from the service in consequence of such conduct, until the date of such cashiering or dismissal.

section 94. of the army act : the total deductions from the pay and allowances of a person made under clauses e, g to i of section 91 shall not, except where he is sentenced to dismissal, exceed in any one month onehalf of his pay and allowances for that month.

section 96. of the army act : where the conduct of any person subject to this act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this act or any other law, 1the chief of the army staff or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 99. of the army act : it shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this act who is a prisoner of war or is missing, out of his pay and allowances.

section 97. of the army act : any deduction from pay and allowances authorised by this act may be remitted in such manner and to such extent, and by such authority, as may from time to time be prescribed.

section 98. of the army act : in the case of all persons subject to this act, being prisoners of war, whose pay and allowances have been forfeited under clause h of section 90 or clause a of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.

section 95. of the army act : any sum authorised by this act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

section 108. of the army act : for the purposes of this act there shall be four kinds of courtsmartial, that is to say, a general courtsmartial b district courtsmartial c summary general courtsmartial and d summary courtsmartial.

section 101. of the army act : 1 any person subject to this act who is charged with an offence may be taken into military custody. 2 any such person may be ordered into military custody by any superior officer. 3 an officer may order into military custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.

section 102. of the army act : 1 it shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than fortyeight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. 2 the case of every person being detained in custody beyond a period of fortyeight hours, and the reason thereof, shall be reported by the commanding officer to the general or other officer to whom application would be made to convene a general or district court martial for the trial of the person charged. 3 in reckoning the period of fortyeight hours specified in subsection 1, sundays and other public holidays shall be excluded. 4 subject to the provisions of this act, the central government may make rules providing for the manner in which and the period for which any person subject to this act may be taken into and detained in military custody, pending the trial by any competent authority for any offence committed by him.

section 107. of the army act : 1 provostmarshals may be appointed by 1the chief of the army staff or by any prescribed officer. 2 the duties of a provostmarshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to, the regular army. 3 a provostmarshal may act any time arrest and detain for trial any person subject to this act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a courtmartial, or by an officer exercising authority under section 80 but shall not inflict any punishment on his own authority: provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 4 for the purposes of subsections 2 and 3, a provostmarshal shall be deemed to include a provostmarshal appointed under any law for the time being in force relating to the government of the navy or air force, and any person legally exercising authority under him or on his behalf. 1.subs. by act 19 of , s. 2 and schedule, for the commanderinchief.

section 109. of the army act : a general court martial may be convened by the central government or 1the chief of the army staff or by any officer empowered in this behalf by warrant of 1the chief of the army staff . 1.subs. by act 19 of , s. 2 and schedule, for the commanderinchief.

section 106. of the army act : 1 when any person subject to this act has been absent from his duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be assembled, and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof, and the said deficiency, if any, and the commanding officer of the corps or department to which the person belongs shall enter in the courtmartial book of the corps or department a record of the declaration. 2 if the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this act, be deemed to be a deserter.

section 103. of the army act : in every case where any such person as is mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a courtmartial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a court martial is assembled or such person is released from custody.

section 110. of the army act : a district court martial may be convened by an officer having power to convene a general courtmartial or by any officer empowered in this behalf by warrant of any such officer.

section 104. of the army act : whenever any person subject to this act, who is accused of any offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signed by his commanding officer.

section 112. of the army act : the following authorities shall have power to convene a summary general courtmartial, namely, a an officer empowered in this behalf by an order of the central government or of 1the chief of the army staff b on active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf c an officer commanding any detached portion of the regular army on active service when, in his opinion, it is not practicable, with due regard to discipline and the exigencies of the service, that an offence should be tried by a general courtmartial. 1 subs. by act 19 of , s. 2 and schedule, for the commanderinchief.

section 113. of the army act : a general courtmartial shall consist of not less than five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of captain.

section 105. of the army act : 1 whenever any person subject to this act deserts, the commanding officer of the corps, department or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into military custody. 2 any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

section 114. of the army act : a district courtmartial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.

section 111. of the army act : a warrant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

section 122. of the army act : 1 except as provided by subsection 2, no trial by courtmartial of any person subject to this act for any offence shall be commenced after the expiration of a period of three years 1and such period shall commence, a on the date of the offence or b where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier or c where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority competent to initiate action, whichever is earlier. 2 the provisions of subsection 1 shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. 3 in the computation of the period of time mentioned in subsection 1, any time spent by such person as a prisoner of war, or in enemy territory, or in evading arrest after the commission of the offence, shall be excluded. 4 no trial for an offence of desertion other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the regular army. 1. subs. by act 37 of , s. 9, for certain words.

section 115. of the army act : a summary general courtmartial shall consist of not less than three officers.

section 116. of the army act : 1 a summary courtmartial may be held by the commanding officer of any corps, department or detachment of the regular army, and he shall alone constitute the court. 2 the proceedings shall be attended throughout by two other persons who shall be officers or junior commissioned officers or one of either, and who shall not as such, be sworn or affirmed.

section 118. of the army act : a general or summary general courtmartial shall have power to try any person subject to this act for any offence punishable therein and to pass any sentence authorised thereby.

section 117. of the army act : 1 if a courtmartial after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolved. 2 if, on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a courtmartial shall be dissolved. 3 the officer who convened a courtmartial may dissolve such courtmartial if it appears to him that military exigencies or the necessities of discipline render it impossible or inexpedient to continue the said courtmartial. 4 where a courtmartial is dissolved under this section, the accused may be tried again.

section 121. of the army act : when any person subject to this act has been acquitted or convicted of an offence by a courtmartial or by a criminal court, or has been dealt with under any of the sections 80, 83, 84 and 85, he shall not be liable to be tried again for the same offence by a court martial or dealt with under the said sections.

section 119. of the army act : a district courtmartial shall have power to try any person subject to this act other than an officer or a junior commissioned officer for any offence made punishable therein, and to pass any sentence authorised by this act other than a sentence of death, transportation, or imprisonment for a term exceeding two years: provided that a district courtmartial shall not sentence a warrant officer to imprisonment.

section 120. of the army act : 1 subject to the provisions of subsection 2, a summary courtmartial may try any offence punishable under this act. 2 when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district courtmartial or on active service a summary general courtmartial for the trial of the alleged offender, an officer holding a summary courtmartial shall not try without such reference any offence punishable under any of the sections 34, 37 and 69, or any offence against the officer holding the court. 3 a summary courtmartial may try any person subject to this act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. 4 a summary courtmartial may pass any sentence which may be passed under this act, except a sentence of death or transportation, or of imprisonment for a term exceeding the limit specified in subsection 5. 5 the limit referred to in subsection 4 shall be one year if the officer holding the summary courtmartial is of the rank of lieutenantcolonel and upwards, and three months if such officer is below that rank.

section 130. of the army act : 1 at all trials by general, district or summary general courtmartial, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 2 if the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection. 3 if the objection is allowed by onehalf or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer subject to the same right of the accused to object. 4 when no challenge is made, or when challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

section 123. of the army act : 1 where an offence under this act had been committed by any person while subject to this act, and he has ceased to be so subject, he may be taken into and kept in military custody, and tried and punished for such offence as if he continued to be so subject. 2 no such person shall be tried for an offence, unless his trial commences 1within a period of three years after he had ceased to be subject to this act and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where the institution of the proceeding in respect of the offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded: provided that nothing contained in this subsection shall apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a courtmartial. 3 when a person subject to this act is sentenced by a courtmartial to transportation or imprisonment, this act shall apply to him during the term of his sentence, though he is cashiered or dismissed from the regular army, or has otherwise ceased to be subject to this act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act. 4 when a person subject to this act is sentenced by a courtmartial to death, this act shall apply to him till the sentence is carried out. 1. subs. by s. 10, ibid., for certain words.

section 124. of the army act : any person subject to this act who commits any offence against it may be tried and punished for such offence in any place whatever.

section 125. of the army act : when a criminal court and a courtmartial have each jurisdiction in respect of an offence, it shall be in the discretion of the officer commanding the army, army corps, division or independent brigade in which the accused person is serving or such other officer as may be prescribed to decide before which court the proceedings shall be instituted, and, if that officer decides that they should be instituted before a courtmartial, to direct that the accused person shall be detained in military custody.

section 129. of the army act : every general courtmartial shall, and every district or summary general courtmartial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the judge advocate general, or if no such officer is available, an officer approved of by the judge advocate general or any of his deputies.

section 126. of the army act : 1 when a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 125 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the central government. 2 in every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the central government, whose order upon such reference shall be final.

section 128. of the army act : at every general, district or summary general courtmartial the senior member shall be the presiding officer.

section 127.. of the army act : successive trials by a criminal court and courtmartial. omitted by the army amendment act, 37 of , s. 11 w.e.f.

section 131. of the army act : 1 an oath or affirmation in the prescribed manner shall be administered to every member of every courtmartial and to the judge advocate before the commencement of the trial. 2 every person giving evidence before a courtmartial shall be examined after being duly sworn or affirmed in the prescribed form. 3 the provisions of subsection 2 shall not apply where the witness is a child under twelve years of age and the courtmartial is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

section 132. of the army act : 1 subject to the provisions of subsections 2 and 3, every decision of a courtmartial shall be passed by an absolute majority of votes and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. 2 no sentence of death shall be passed by a general courtmartial without the concurrence of at least twothirds of the members of the court. 3 no sentence of death shall be passed by a summary general courtmartial without the concurrence of all the members. 4 in matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

section 133. of the army act : the indian evidence act, 1 of shall, subject to the provisions of this act, apply to all proceedings before a courtmartial.

section 134. of the army act : a courtmartial may take judicial notice of any matter within the general military knowledge of the members.

section 138. of the army act : 1 the prosecutors and the accused person in any case in which a commission is issued under section 137 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. 2 the prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, crossexamine and reexamine, as the case may be, the said witness. 3 after a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the judge advocate general. 4 on receipt of a commission and deposition returned under subsection 3, the judge advocate general shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. 5 in every case in which a commission is issued under section 137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

section 140. of the army act : in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

section 136. of the army act : 1 nothing in section 135 shall be deemed to affect the operation of sections 123 and 124 of the indian evidence act, 1 of or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 2 if any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, high court or court of session, wanted for the purpose of any courtmartial, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. 3 if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or high court or court of session.

section 135. of the army act : 1 the convening officer, the presiding officer of a courtmartial, 1or courts of inquiry the judge advocate or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. 2 in the case of a witness amenable to military authority, the summons shall be sent to his commanding officer, and such officer shall serve it upon him accordingly. 3 in the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. 4 when a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision. 1. ins. by act 37 of , s.12.

section 141. of the army act : 1 any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. 2 the enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

section 137. of the army act : 1 whenever, in the course of a trial by courtmartial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the judge advocate general in order that a commission to take the evidence of such witness may be issued. 2 the judge advocate general may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 3 the magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrantcases under the 1code of criminal procedure, 2 of , or any corresponding law in force in 2the state of jammu and kashmir. 4 when the witness resides in a tribal area or in any place outside india, the commission may be issued in the manner specified in 1chapter xxii of the code of criminal procedure, 2 of , or of any corresponding law in force in 2the state of jammu and kashmir. 5 in this and the next succeeding section, the expression judge advocate general includes a deputy judge advocate general. 1. subs. by act 37 of , s.14, for certain words. 2. subs. by the adaptation of laws no. 3 order, , for a part b state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 139. of the army act : 1 a person charged before a courtmartial with desertion may be found guilty of attempting to desert or of being absent without leave. 2 a person charged before a courtmartial with attempting to desert may be found guilty of being absent without leave. 3 a person charged before a courtmartial with using criminal force may be found guilty of assault. 4 a person charged before a courtmartial with using threatening language may be found guilty of using insubordinate language. 5 a person charged before a courtmartial with any one of the offences specified in clauses a, b, c and d of section 52 may be found guilty of any other of these offences with which he might have been charged. 6 a person charged before a courtmartial with an offence punishable under section 69 may be found guilty of any other offence of which he might have been found guilty if the provisions of the 1code of criminal procedure, 2 of were applicable. 7 a person charged before a courtmartial with any offence under this act, may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. 8 a person charged before a courtmartial with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. 1. subs. by act 37 of , s.14, for certain words.

section 142. of the army act : 1 a letter, return or other document respecting the service of any person in, or the cashiering, dismissal or discharge of any person from, any portion of the regular army, or respecting the circumstance of any person not having served in, or belonged to, any portion of the forces, if purporting to be signed by or on behalf of the central government or 1the chief of the army staff, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 2 an army, navy or air force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers, junior commissioned officers or warrant officers therein mentioned, and of any appointment held by them and of the corps, battalion or arm or branch of the services to which they belong. 3 where a record is made in any regimental book in pursuance of this act or of any rules made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. 4 a copy of any record in any regimental book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. 5 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any portion of the regular army, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the regular army, or by the commanding officer of the corps, department or detachment to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 6 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 7 any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government 2or any of the government scientific experts namely, the chief inspector of the explosives, the director of the finger print bureau, the director, haffkeine institute, bombay, the director of a central forensic science laboratory or a state forensic science laboratory and the serologist to the government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this act. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief . 2. ins. by act 37 of , s. 15.

section 143. of the army act : 1 if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the person tried states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. 2 the written reply of any officer so referred to shall, if signed by him be received in evidence and have the same effect as if made on oath before the court. 3 if the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a, fresh trial.

section 149. of the army act : where any relative or friend of any person who is in custody under subsection 4 of section 145 or under detention under subsection 5 of that section desires that he should be delivered to his care and custody, the central government may upon application by such relative or friend and on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of and prevented from doing injury to himself or any other person, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friend.

section 144. of the army act : 1 when any person subject to this act has been convicted by a courtmartial of any offence, such courtmartial may inquire into, and receive and record evidence of any previous convictions of such person, either by a courtmartial or by a criminal court, or any previous award of punishment under any of the sections 80, 83, 84 and 85, and may further inquire into and record the general character of such person and such other matters as may be prescribed. 2 evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, courtmartial books or other official records and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. 3 at a summary courtmartial the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

section 145. of the army act : 1 whenever, in the course of a trial by a courtmartial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. 2 the presiding officer of the court, or, in the case of a summary courtmartial, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 162, as the case may be. 3 the confirming officer to whom the case is reported under subsection 2 may, if he does not confirm the finding, take steps to have the accused person tried by the same or another courtmartial for the offence with which he was charged. 4 the authority to whom the finding of a summary courtmartial is reported under subsection 2, and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government. 5 on receipt of a report under subsection 4 the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

section 150. of the army act : when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a courtmartial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

section 146. of the army act : where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 145, the officer commanding the army, army corps, division or brigade within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may a if such person is in custody under subsection 4 of section 145, on the report of a medical officer that he is capable of making his defence, or b if such person is detained in a jail under subsection 5 of section 145, on a certificate of the inspector general of prisons, and if such person is detained in a lunatic asylum under the said subsection on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another courtmartial for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.

section 151. of the army act : 1 after the conclusion of a trial before any courtmartial, the court or the officer confirming the finding or sentence of such courtmartial, or any authority superior to such officer, or, in the case of a courtmartial whose finding or sentence does not require confirmation, the officer commanding the army, army corps, division or brigade within which the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 2 where any order has been made under subsection 1 in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the 1code of criminal procedure, 2 of , or any corresponding law in force in 2the state of jammu and kashmir. 3 in this section the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 1. subs. by act 37 of , s. 14, for certain words. 2. subs. by the adaptation of laws no. 3 order, for a part b state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 147. of the army act : a copy of every order made by an officer under section 146 for the trial of the accused shall forthwith be sent to the central government.

section 153. of the army act : no finding or sentence of a general, district or summary general, courtmartial shall be valid except so far as it may be confirmed as provided by this act.

section 148. of the army act : where any person is in custody under subsection 4 of section 145 or under detention under subsection 5 of that section a if such person is in custody under the said subsection 4, on the report of a medical officer, or b if such person is detained under the said subsection 5, on a certificate from any of the authorities mentioned in clause b of section 146 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

section 158. of the army act : 1 subject to such restrictions, reservations or conditions as may be contained in any warrant issued under section 154 or section 155 and to the provision of subsection 2, a confirming authority may, when confirming the sentence of a courtmartial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 71. 2 a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court.

section 152. of the army act : any trial by a courtmartial under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the courtmartial shall be deemed to be a court within the meaning of 1sections 345 and 346 of the code of criminal procedure, 2 of . 1. subs. by act 37 of , s. 16, for certain words.

section 159. of the army act : when any person subject to this act is tried and sentenced by a courtmartial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

section 155. of the army act : the findings and sentences of district courtmartial may be confirmed by any officer having power to convene a general courtmartial or by any officer empowered in this behalf by warrant of such officer.

section 160. of the army act : 1 any finding or sentence of a courtmartial which requires confirmation may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. 2 the court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. 3 in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general courtmartial, it still consists of five officers, or, if a summary general or district courtmartial, of three officers.

section 161. of the army act : 1 save as otherwise provided in subsection 2, the finding and sentence of a summary courtmartial shall not require to be confirmed, but may be carried out forthwith. 2 if the officer holding the trial is of less than five years service, he shall not, except on active service, carry into effect any sentence until it has received the approval of an officer commanding not less than a brigade.

section 154. of the army act : the findings and sentences of general courtsmartial may be confirmed by the central government, or by any officer empowered in this behalf by warrant of the central government.

section 156. of the army act : a warrant issued under section 154 or section 155 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

section 157. of the army act : the findings and sentences of summary general courtmartial may be confirmed by the convening officer or if he so directs, by an authority superior to him.

section 162. of the army act : the proceedings of every summary courtmartial shall without delay be forwarded to the officer commanding the division or brigade within which the trial was held, or to the prescribed officer and such officer, or 1the chief of the army staff, or any officer empowered in this behalf by 1the chief of the army staff, may, for reasons based on the merits of the case, but not any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief .

section 169. of the army act : 1 whenever any sentence of imprisonment is passed under this act by a courtmartial or whenever any sentence of death or transportation is commuted to imprisonment, the confirming officer or in case of a summary courtmartial the officer holding the court or such other officer as may be prescribed, shall, save as otherwise provided in subsections 3 and 4, direct either that the sentence shall be carried out by confinement in a military prison or that it shall be carried out by confinement in a civil prison. 2 when a direction has been made under subsection 1 the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. 3 in the case of a sentence of imprisonment for a period not exceeding three months and passed under this act by a courtmartial, the appropriate officer under subsection 1 may direct that the sentence shall be carried out by confinement in military custody instead of in a civil or military prison. 4 on active service, a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.

section 163. of the army act : 1 where a finding of guilty by a courtmartial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 179 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: provided that no such substitution shall be made unless such finding could have been validly made by the courtmartial on the charge and unless it appears that the courtmartial must have been satisfied of the facts establishing the said offence. 2 where a sentence passed by a courtmartial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under subsection 1, is found for any reason to be invalid, the authority referred to in subsection 1 may pass a valid sentence. 3 the punishment awarded by a sentence passed under subsection 1 or subsection 2 shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. 4 any finding substituted, or any sentence passed, under this section shall, for the purposes of this act and the rules made thereunder, have effect as if it were a finding or sentence, as the case may be, of a courtmartial.

section 164. of the army act : 1 any person subject to this act who considers himself aggrieved by any order passed by any courtmartial may present a petition to the officer or authority empowered to confirm any finding or sentence of such courtmartial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 2 any person subject to this act who considers himself aggrieved by a finding or sentence of any courtmartial which has been confirmed, may present a petition to the central government, 1the chief of the army staff or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, 1the chief of the army staff or other officer, as the case may be, may pass such order thereon as it or he thinks fit. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief .

section 169a. of the army act : 1169a. period of custody undergone by the officer or person to be set off against the imprisonment.when a person or officer subject to this act is sentenced by a courtmartial to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spent by him in civil or military custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person or officer to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him. 2. ins. by act 37 of , s.17.

section 166. of the army act : in awarding a sentence of death a courtmartial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

section 165. of the army act : the central government, 1the chief of the army staff or any prescribed officer may annul the proceedings of any courtmartial on the ground that they are illegal or unjust. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief .

section 171. of the army act : whenever, in the opinion of an officer commanding an army, army corps, division or independent brigade, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in a military prison or in military custody in accordance with the provision of section 169 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil, prison or other fit place.

section 167. of the army act : whenever any person is sentenced by a courtmartial under this act to transportation or imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer or, in the case of a summary courtmartial, by the court.

section 168. of the army act : whenever any sentence of transportation is passed under this act or whenever any sentence of death is commuted to transportation, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the civil prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant.

section 172. of the army act : a person under sentence of transportation or imprisonment may during his conveyance from place to place, or when on board ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

section 176. of the army act : whenever any person is sentenced to transportation or imprisonment under this act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.

section 170. of the army act : where a sentence of transportation or imprisonment is directed to be undergone in a civil prison the offender may be kept in a military prison or in military custody or in any other fit place, till such time as it is possible send him to a civil prison.

section 177. of the army act : the central government may make rules providing a for the government, management and regulation of military prisons b for the appointment, removal and powers of inspectors, visitors, governors andofficers thereof c for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special industry and good conduct, a remission of a portion of their sentence d for the safe custody of prisoners and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by prisoners e for the application to military prisons of any of the provisions of the prisons act, 9 of , relating to the duties of 267 officers of prisons and the punishment of persons not being prisoners f for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

section 173. of the army act : whenever an order is duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil or military prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed to the officer in charge of the prison in which such person is confined.

section 178. of the army act : rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons.

section 179. of the army act : when any person subject to this act has been convicted by a courtmartial of any offence, the central government or 1the chief of the army staff or, in the case of a sentence, which he could have confirmed or which did not, require confirmation, the officer commanding the army, army corps, division or independent brigade in which such person at the time of conviction was serving, or the prescribed officer may a either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded or b mitigate the punishment awarded or c commute such punishment for any less punishment or punishments mentioned in this act: provided that a sentence of transportation shall not be commuted for a sentence of imprisonment for a term exceeding the term of transportation awarded by the court or d either with or without conditions which the person sentenced accepts, release the person on parole. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 174. of the army act : when a sentence of fine is imposed by a courtmartial under section 69 whether the trial was held within india or not, a copy of such sentence, signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provision of the 1code of criminal procedure, 2 of , or any corresponding law in force in 2the state of jammu and kashmir for the levy of fines as if it were a sentence of fine imposed by such magistrate. 1. subs. by act 37 of , s. 14, for code of criminal procedure, 5 of . 2. subs. by the adaptation of laws no. 3 order, , for a part b state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 181. of the army act : when under the provisions of section 77 a warrant officer or a noncommissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purpose of section 179, be treated as a punishment awarded by a sentence of a courtmartial.

section 175. of the army act : the central government may set apart any building or part of a building, or any place under its control, as a military prison for the confinement of persons sentenced to imprisonment under this act.

section 184. of the army act : where a sentence is suspended under section 182, the offender shall forthwith be released from custody.

section 180. of the army act : 1 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. 2 a person whose sentence of transportation or imprisonment is carried into effect under the provisions of subsection 1 shall undergo only the unexpired portion of his sentence.

section 182. of the army act : 1 where a person subject to this act is sentenced by a courtmartial to transportation or imprisonment, the central government, 1the chief of the army staff or any officer empowered to convene a general or a summary general courtmartial may suspend the sentence whether or not the offender has already been committed to prison or to military custody. 2 the authority or officer specified in subsection 1 may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained the offender shall not be committed to prison or to military custody. 3 the powers conferred by subsections 1 and 2 may be exercised in the case of any such sentence which has been confirmed, reduced or commuted. 1. subs. by act 19 of , s. 2 and the schedule, for the commanderinchief.

section 183. of the army act : 1 where the sentence referred to in section 182 is imposed by a courtmartial other than a summary courtmartial, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to military custody until the orders of the authority or officer specified in section 182 have been obtained. 2 where a sentence of imprisonment is imposed by a summary courtmartial, the officer holding the trial or the officer authorised to approve of the sentence under subsection 2 of section 161 may make the direction referred to in subsection 1.

section 190. of the army act : 1 where in addition to any other sentence the punishment of dismissal has been awarded by a courtmartial, and such other sentence is suspended under section 182, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 182. 2 if such other sentence is remitted under section 186, the punishment of dismissal shall also be remitted.

section 191. of the army act : show related subordinates 1 the central government may make rules for the purpose of carrying into effect the provisions of this act. 2 without prejudice to the generality of the power conferred by subsection 1, the rules made thereunder may provide for a the removal, retirement, release or discharge from the service of persons subject to this act b the amount and incidence of fines to be imposed under section 89 1 d the assembly and procedure of courts of inquiry, the recording of summaries of evidence and the administration of oaths or affirmations by such courts e the convening and constituting of courtmartial and the appointment of prosecutors at trials by courtsmartial f the adjournment, dissolution and sitting of courtmartial g the procedure to be observed in trials by courtsmartial and the appearance of legal practitioners thereat h the confirmation, revision and annulment of, and petitions against, the findings and sentences of courtsmartial i the carrying into effect of sentences of courtmartial j the forms of orders to be made under the provisions of this act relating to courtmartial, transportation and imprisonment k the constitution of authorities to decide for what persons, to what amounts and in what manner, provision should be made for dependants under section 99, and the due carrying out of such decisions l the relative rank of the officers, junior commissioned officers, warrant officers, petty officers and noncommissioned officers of the regular army, navy and air force when acting together m any other matter directed by this act to be prescribed. 1. omitted by act 37 of , s. 18.

section 186. of the army act : the authority or officer specified in section 182 may, at any time while a sentence is suspended, order a that the offender be committed to undergo the unexpired portion of the sentence, or b that the sentence be remitted.

section 192. of the army act : the central government may make regulations for all or any of the purposes of this act other than those specified in section 191.

section 185. of the army act : any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

section 187. of the army act : 1 where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 182, or by any general or other officer not below the rank of field officer duly authorised by the authority or officer specified in section 182. 2 where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 182.

section 188. of the army act : where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, then a if the further sentence is also suspended under this act, the two sentences shall run concurrently b if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall also be committed to prison or military custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently and c if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 186 or section 187, continue to be suspended.

section 189. of the army act : the powers conferred by sections 182 and 186 shall be in addition to and not in derogation of the power of mitigation, remission and commutation.

section 193a. of the army act : 1193a. rules and regulations to be laid before parliament.every rule and every regulation made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation should not be made the rule or regulation or shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 193. of the army act : all rules and regulations made under this act shall be published in the official gazette and on such publication, shall have effect as if enacted in this act.

section 196.. of the army act : chapter xvi. omitted by the army amendment act, 37 of , s. 19 w.e.f. .

section 195.. of the army act : chapter xvi. omitted by the army amendment act, 37 of , s. 19 w.e.f. .

section 194.. of the army act : repeals. rep. by the repealing and amending act, 36 of , s. 2 and the first schedule.

section 7. of the guardians and wards act : 1 where the court is satisfied that it is for the welfare of a minor that an order should be made a appointing a guardian of his person or property, or both, or b declaring a person to be such a guardian, the court may make an order accordingly. 2 an order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the court. 3 where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this act.

section 4. of the guardians and wards act : in this act, unless there is something repugnant in the subject or context, 1 minor means a person who, under the provisions of the indian majority act, , 9 of is to be deemed not to have attained his majority: 2 guardian means a person having the care of the person of a minor or of his property, or of both is person and property: 3 ward means a minor for whose person or property, or both, there is a guardian: 4 district court has the meaning assigned to that expression in the 1code of civil procedure 14 of , and includes a high court in the exercise of its ordinary original civil jurisdiction: 25 the court means a the district court having jurisdiction to entertain an application under this act for an order appointing or declaring a person to be a guardian or b where a guardian has been appointed or declared in pursuance of any such application i the court which, or the court of the officer who, appointed or declared the guardian or is under this act deemed to have appointed or declared the guardian or ii in any matter relating to the person of the ward the district court having jurisdiction in the place where the ward for the time being ordinarily resides or c in respect of any proceeding transferred under section 4a, the court of the officer to whom such proceeding has been transferred: 6 collector means the chief officer in charge of the revenue administration of a district, and includes any officer whom the state government, by notification in the official gazette, may, by name or in virtue of his office, appoint to be a collector in any local area, or with respect to any class of persons, for all or any of the purposes of this act: 3 and 8 prescribed means prescribed by rules made by the high court under this act. 1. see now the code of civil procedure, act 5 of . 2. subs. by act 4 of , s. 2, for the clause 5. 3. clause 7 omitted by act 3 of , s. 3 and the schedule.

section 9. of the guardians and wards act : 1 if the application is with respect to the guardianship of the person of the minor, it shall be made to the district court having jurisdiction in the place where the minor ordinarily resides. 2 if the application is with respect to the guardianship of the property of the minor, it may be made either to the district court having jurisdiction in the place where the minor ordinarily resides or to a district court having jurisdiction in a place where he has property. 3 if an application with respect to the guardianship of the property of a minor is made to a district court other than that having jurisdiction in the place where the minor ordinarily resides, the court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other district court having jurisdiction.

section 8. of the guardians and wards act : an order shall not be made under the last foregoing section except on the application of a the person desirous of being, or claiming to be, the guardian of the minor, or b any relative or friend of the minor, or c the collector of the district or other local area within which the minor ordinarily resides or in which he has property, or d the collector having authority with respect to the class to which the minor belongs.

section 3. of the guardians and wards act : this act shall be read subject to every enactment heretofore or hereafter passed relating to any court of wards by 1any competent legislature, authority or person in 2 any state to which this act extends, and nothing in this act shall be construed to affect, or in any way derogate from the jurisdiction or authority of any court of wards, or to take away any power possessed by 3any high court 4 . 1. subs. by the a.o. , for the g.g. in c., or by a governor or lieutenantgovernor in council. 2. subs. by act 3 of , s. 3 and the schedule for part a states and part c states. 3. subs. by the a.o. , for any high court established under the statute 24 and 25 victoria, ch. 104 an act for establishing high courts of judicature in india. 4. the words established in part a states and part c states omitted by act 3 of , s. 3 and the schedule.

section 6. of the guardians and wards act : in the case of a minor 1 , nothing in this act shall be construed to take away or derogate from any power to appoint a guardian of his person or property, or both, which is valid by the law to which the minor is subject. 1. the words who is not an european british subject omitted by act 3 of , s. 3 and the schedule.

section 1. of the guardians and wards act : 1 this act may be called the guardians and wards act, . 2 it extends to the whole of india 1, 2 3 3 it shall come into force on the first day of july, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. the words inclusive of british baluchistan rep by a.o. . 3. the word and omitted by act 40 of , s. 3 and the second schedule.

section 2.. of the guardians and wards act : repeal. rep. by the repealing act, 1 of , s. 2 and the schedule.

section 4a. of the guardians and wards act : 14a. power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.1 the high court may, by general or special order, empower any officer exercising original civil jurisdiction subordinate to a district court, or authorise the judge of any district court to empower any such officer subordinate to him, to dispose of any proceedings under this act transferred to such officer under the provisions of this section. 2 the judge of a district court may, by order in writing, transfer at any stage any proceeding under this act pending in his court for disposal to any officer subordinate to him empowered under subsection 1. 3 the judge of a district court may at any stage transfer to his own court or to any officer subordinate to him empowered under subsection 1 any proceeding under this act pending in the court of any other such officer. 4 when any proceedings are transferred under this section in any case in which a guardian has been appointed or declared, the judge of the district court may, by order in writing, declare that the court of the judge or officer to whom they are transferred shall, for all or any of the purposes of this act, be deemed to be the court which appointed or declared the guardian. 1. ins. by act 4 of , s. 3.

section 10. of the guardians and wards act : 1 if the application is not made by the collector, it shall be by petition signed and verified in manner prescribed by the 1code ,of civil procedure 14 of for the signing and verification of a plaint, and stating, so far as can be ascertained a the name, sex, religion, date of birth and ordinary residence of the minor b where the minor is a female, whether she is married, and, if so, the name and age of her husband c the nature, situation and approximate value of the property, if any, of the minor d the name and residence of the person having the custody or possession of the person or property of the minor e what near relations the minor has, and where they reside f whether a guardian of the person or property, or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment g whether an application has at any time been made to the court or to any other court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what court and with what result h whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both i where the application is to appoint a guardian, the qualifications of the proposed guardian j where the application is to declare a person to be a guardian, the grounds on which that person claims k the causes which have led to the making of the applications and l such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state. 2 if the application is made by the collector, it shall be by letter addressed to the court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in subsection 1. 3 the application must be accompanied by a declaration of the willingness of the proposed guardian to act and the declaration must be signed by him and attested by at least two witnesses. 1. see now the code of civil procedure, act 5 of .

section 5.. of the guardians and wards act : power of parents to appoint in case of european british subjects. omitted by the part b states laws act, 3 of , s. 3 and schedule.

section 11. of the guardians and wards act : 1 if the court is satisfied that there is ground for proceeding on the application, it shall fix a day for the hearing thereof, and cause notice of the application and of the date fixed for the hearing a to be served in the manner directed in the 1code of civil procedure 14 of on i the parents of the minor if they arc residing in 2 any state to which this act extends, ii the person, if any, named in the petition or letter as having the custody or possession of the person or property of the minor, iii the person proposed in the application or letter to be appointed or declared guardian, unless that person is himself the applicant, and iv any other person to whom, in the opinion of the court, special notice of the application should be given and b to be posted on some conspicuous part of the courthouse, and of the residence of the minor, and otherwise published in such manner as the court, subject to any rules made by the high court under this act, thinks fit. 2 the state government may, by general or special order, require that, when any part of the property described in a petition under section 10, subsection 1, is land of which a court of wards could assume the superintendence, the court shall also cause a notice as aforesaid to be served on the collector in whose district the minor ordinarily resides, and on every collector in whose district any portion of the land is situate, and the collector may cause the notice to be published in any manner he deems fit. 3 no charge shall be made by the court or the collector for the service or publication of any notice served or published under subsection 2. 1. see now the code of civil procedure, act 5 of . 2. subs. by act 3 of , s. 3 and the schedule, for a part a state or a part c state.

section 18. of the guardians and wards act : where a collector is appointed or declared by the court in virtue of his office to be guardian of the person or property, or both, of a minor, the order appointing or declaring him shall be deemed to authorize and require the person for the time being holding the office to act as guardian of the minor with respect to his person or property, or both, as the case may be.

section 12. of the guardians and wards act : 1 the court may direct that the person, if any, having the custody of the minor shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper. 2 if the minor is a female who ought not to be compelled to appear in public, the direction under subsection 1 for her production shall require her to be produced in accordance with the customs and manners of the country. 3 nothing in this section shall authorise a the court to place a female minor in the temporary custody of a person claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or b any person to whom the temporary custody and protection of the property of a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property.

section 15. of the guardians and wards act : 1 if the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the court may, if it thinks fit, appoint or declare them. 1 4 separate guardians may be appointed or declared of the person and of the property of a minor. 5 if a minor has several properties, the court may, if it thinks fit, appoint or declare a separate guardian for any one or more of the properties. 1. subsections 2 and 3 omitted by act 3 of , s. 3 and the schedule.

section 13. of the guardians and wards act : on the day fixed for the hearing of the application, or as soon afterwards as may be, the court shall hear such evidence as may be adduced in support of or in opposition to the application.

section 21. of the guardians and wards act : a minor is incompetent to act as guardian of any minor except his own wife or child or where he is the managing member of an undivided hindu family, the wife or child of another minor member of that family.

section 16. of the guardians and wards act : if the court appoints or declares a guardian for any property situate beyond the local limits of its jurisdiction, the court having jurisdiction in the place where the property is situate shall, on production of a certified copy of the order appointing or declaring the guardian, accept him as duly appointed or declared and give effect to the order.

section 23. of the guardians and wards act : a collector appointed or declared by the court to be guardian of the person or property, or both, of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the state government or of such authority as that government, by 1 notification in the official gazette, appoints in this behalf. 1. for notifications appointing authorities to whose control collectors appointed under the act shall be subject, see different local r. o.

section 14. of the guardians and wards act : 1 if proceedings for the appointment or declaration of a guardian of a minor arc taken in more courts than one, each of those courts shall, on being apprised of the proceedings in the other court or courts, stay the proceedings before itself. 2 if the courts are both or all subordinate to the same high court, they shall report the case to the high court, and the high court shall determine in which of the courts the proceedings with respect to the appointment or declaration of a guardian of the minor shall be had. 13 in any other case in which proceedings arc stayed under. subsection 1, the courts shall report the case to, and be guided by such orders as they may receive from, their respective state governments 1. subs. by the a.o. , for subsection 3.

section 17. of the guardians and wards act : 1 in appointing or declaring the guardian of a minor, the court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. 2 in considering what will be for the welfare of the minor, the court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. 3 if the minor is old enough to form an intelligent preference, the court may consider that preference. 1 5 the court shall not appoint or declare any person to be a guardian against his will. 1. subsection 4 omitted by act 3 of , s. 3 and the schedule.

section 20. of the guardians and wards act : 1 a guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this act, he must not make any profit out of his office. 2 the fiduciary relation of it guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor, and generally all transactions between them while the influence of the guardian still lasts or is recent.

section 19. of the guardians and wards act : nothing in this chapter shall authorise the court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a court of wards, or to appoint or declare a guardian of the person a of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person, or 1 b of a minor, other than a married female, whose father or mother is living and is not, in the opinion of the court, unfit to be guardian of the person of the minor, or. c of a minor whose property is under the superintendence of a court of wards competent to appoint a guardian of the person of the minor. 1. subs. by act 30 of , s. 2 for subclause b w.e.f. .

section 22. of the guardians and wards act : 1 a guardian appointed or declared by the court shall be entitled to such allowance, if any, as the court thinks fit for his care and paints in the execution of his duties. 2 when an officer of the government, as such officer, is so appointed or declared to be guardian, such fees shall be paid to the government out of the property of the ward as the state government, by general or special order, directs.

section 31. of the guardians and wards act : 1 permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the court except in case of necessity or for an evident advantage to the ward. 2 the order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions, if any, as the court may see fit to attach to the permission and it shall be recorded, dated and signed by the judge of the court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. 3 the court may in its discretion attach to the permission the following among other conditions, namely: a that a sale shall not be completed without the sanction of the court b that a sale shall be made to the highest bidder by public auction, before the court or some person specially appointed by the court for that purpose, at a time and place to be specified by the court, after such proclamation of the intended sale as the court, subject to any rules made under this act by the high court, directs c that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the court directs d that the whole or any part of the proceeds of the act permitted shall be paid into the court by the guardian, to be disbursed therefrom or to be invested by the court on prescribed securities or to be otherwise disposed of as the court directs. 4 before granting permission to a guardian to do an act mentioned in section 29, the court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.

section 24. of the guardians and wards act : a guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires.

section 25. of the guardians and wards act : 1 if a ward leaves or is removed from the custody of a guardian of his person, the court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian. 2 for the purpose of arresting the ward, the court may exercise the power conferred on a magistrate of the first class by section 100 of the 1code of criminal procedure, 10 of . 3 the residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship. 1. see now the code of criminal procedure, act 5 of .

section 34. of the guardians and wards act : where a guardian of the property of a ward has been appointed or declared by the court and such guardian is not the collector, he shall, a if so required by the court, give a bond, as nearly as may be in the prescribed form, to the judge of the court to ensure for the benefit of the judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward b if so required by the court, deliver to the court, within six months from the date of his appointment or declaration by the court, or within such other time as the court directs, a statement of the immovable property belonging to the ward, of the money and other movable property which he has received on behalf of the ward up to the date of delivering the statement, and of the debts due on that date to or from the ward c if so required by the court, exhibit his accounts in the court at such times and in such form as the court from time to time directs d if so required by the court, pay into the court at such time as the court directs the balance due from him on those accounts, or so much thereof as the court directs and e apply for the maintenance, education and advancement of the ward and of such persons as are dependent on him, and for the celebration of ceremonies to which the ward or any of those persons may be a party, such portion of the income of the property of the ward as the court from time to time directs, and, if the court so directs, the whole or any part of that property.

section 30. of the guardians and wards act : a disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby.

section 27. of the guardians and wards act : a guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.

section 26. of the guardians and wards act : 1 a guardian of the person appointed or declared by the court unless he is the collector or is a guardian appointed by will or other instrument, shall not, without the leave of the court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. 2 the leave granted by the court under subsection 1 may be special or general, and may be defined by the order granting it.

section 28. of the guardians and wards act : where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this act been declared guardian and the court which made die declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.

section 29. of the guardians and wards act : where a person other than a collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the court to be guardian of the property of a ward, he shall not, without the previous permission of the court, a mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or b lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

section 32. of the guardians and wards act : where a guardian of the property of a ward has been appointed or declared by the court and such guardian is not the collector, the court may, from time to time, by order, define, restrict or extend his powers with respect to the property of the ward in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject.

section 33. of the guardians and wards act : 1 a guardian appointed or declared by the court may apply by petition to the court which appointed or declared him for its opinion, advice or direction on any present question respecting the management or administration of the property of his ward. 2 if the court considers the question to be proper for summary disposal, it shall cause a copy of the petition to be served on, and the hearing thereof may be attended by, such of the persons interested in the application as the court thinks fit. 3 the guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subjectmatter of the application.

section 39. of the guardians and wards act : the court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the court, or a guardian appointed by will or other instrument, for any of the following causes, namely: a for abuse of his trust b for continued failure to perform the duties of his trust c for incapacity to perform the duties of his trust d for illtreatment, or neglect to take proper care, of his ward e for contumacious disregard of any provision of this act or of any order of the court f for conviction of an offence implying, in the opinion of the court, a defect of character which unfits him to be the guardian of his ward g for having an interest adverse to the faithful performance of his duties h for ceasing to reside within the local limits of the jurisdiction of the court i in the case of a guardian of the property, for bankruptcy or insolvency j by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: provided that a guardian appointed by will or other instrument, whether he has been declared under this act or not, shall not be removed a for the cause mentioned in clause g unless the adverse interest accrued after the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or b for the cause mentioned in clause h unless such guardian has taken up such a residence as, in the opinion of the court, renders it impracticable for him to discharge the functions of guardian.

section 41. of the guardians and wards act : 1 the powers of a guardian of the person cease. a by his death, removal or discharge b by the court of wards assuming superintendence of the person of the ward c by the ward ceasing to be a minor d in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the court, by her marriage to a husband who is not, in the opinion of the court, so unfit or e in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the court to be so unfit, by his ceasing to be so in the opinion of the court. 2 the powers of a guardian of the property cease a by his death, removal or discharge b by the court of wards assuming superintendence of the property of the ward or c by the ward ceasing to be a minor. 3 when for any cause the powers of a guardian cease, the court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward. 4 when he has delivered the property or accounts as required by the court, the court may declare him to be discharged from his liabilities save as regards any fraud which may subsequently be discovered.

section 42. of the guardians and wards act : when a guardian appointed or declared by the cowl is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other instrument is removed or dies, the court, of its own motion or on application under chapter ii, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be.

section 40. of the guardians and wards act : 1 if a guardian appointed or declared by the court desires to resign his office, he may apply to the court to be discharged. 2 if the court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the collector and the state government approves of his applying to be discharged, the court shall in any case discharge him.

section 36. of the guardians and wards act : 1 where a guardian appointed or declared by the court has not given a bond as aforesaid, any person, with the leave of the court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. 2 the provisions of subsection 1 shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the code of civil procedure 14 of as amended by this act1 . 1. see now order xxxii, rules 1 and 42, in the first schedule to the code of civil procedure, act 5 of .

section 37. of the guardians and wards act : nothing in either of the two last foregoing sections shall be construed to deprive a ward or his representative of any remedy against his guardian, or the representative of the guardian, which, not being expressly provided in either of those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee.

section 34a. of the guardians and wards act : 134a. power to award remuneration for auditing accounts.when accounts are exhibited by a guardian of the property of a ward in pursuance of a requisition made under clause c of section 34 or otherwise, the court may appoint a person to audit the accounts, and may direct that remuneration for the work be paid out of the income of the property. 1. ins. by act 17 of , s. 2.

section 38. of the guardians and wards act : on the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the court.

section 43. of the guardians and wards act : 1 the court may, on the application of any person interested or of its own motion, make an order regulating the conduct or proceedings of any guardian appointed or declared by the court. 2 where there are more guardians than one of a ward, and they are unable to agree upon a question affecting his welfare, any of them may apply to the court for its direction, and the court may make such order respecting the matter in difference as it thinks fit. 3 except where it appears that the object of making an order under subsection 1 or subsection 2 would be defeated by the delay, the court shall, before making the order, direct notice of the application therefor or of the intention of the court to make it, as the case may be, to be given, in a case under subsection 1, to the guardian or, in a case under subsection 2, to the guardian who has not made the application 4 in case of disobedience to an order made under subsection 1 or subsection 2, the order may be enforced in the same manner as an injunction granted under section 492 or section 493 of the code of civil procedure 14 of , in a case under subsection 1, as if the ward were the plaintiff and the guardian were the defendant or, in a case under subsection 2, as if the guardian who made the application were the plaintiff and the other guardian were the defendant. 5 except in a case under subsection 2, nothing in this section shall apply to a collector who is, as such, a guardian.

section 45. of the guardians and wards act : 1 in the following cases, namely: a if a person having the custody of a minor fails to produce him or cause him to be produced in compliance with a direction under section 12, subsection 1, or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, subsection 1, or b if a guardian appointed or declared by the court fails to deliver to the court, within the time allowed by or under clause b of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause c of that section, or to pay into the court the balance due from him on those accounts in compliance with a requisition under clause d of that section, or c if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with a requisition under section 41, subsection 3, the person, guardian or representative, as the case may be, shall be liable, by order of the court, to fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten rupees for each day after the first during which the default continues, and not exceeding five hundred rupees in the aggregate, and to detention in the civil jail until he undertakes to produce the minor or cause him to be produced, or to compel his return, or to deliver the statement, or to exhibit the accounts, or to pay the balance, or to deliver the property or accounts, as the case may be. 2 if a person who has been released from detention on giving an undertaking under subsection 1 fails to carry out the undertaking within the time allowed by the court, the court may cause him to be arrested and recommitted to the civil jail.

section 35. of the guardians and wards act : where a guardian appointed or declared by the court has given a bond duly to account for what he may receive in respect of the property of his ward, the court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the court, or otherwise as the court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the judge of the court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.

section 44. of the guardians and wards act : if, for the purpose or with the effect of preventing the court from exercising its authority with respect to a ward, a guardian appointed or declared by the court removes the ward from the limits of the jurisdiction of the court in contravention of the provisions of section 26, he shall be liable, by order of the court, to find not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months.

section 53.. of the guardians and wards act : amendment of chapter xxxi of the code of civil procedure. rep. by the code of civil procedure, 5 of , s. 156 and the fifth schedule.

section 47. of the guardians and wards act : an appeal shall lie to the high court from an order made by a 1 court, a under section 7, appointing or declaring or refusing to appoint or declare a guardian or, b under section 9, subsection 3, returning an application or, c under section 25, making or refusing to make an order for the return of a ward to the custody of his guardian or, d under section 26, refusing leave for, the removal of award from the limits of the jurisdiction of the court, or imposing conditions with respect thereto or, e under section 28 or section 29, refusing permission to a guardian to do an act referred to in the section or, f under section 32, defining, restricting or extending the powers of a guardian or, g under section 39, removing a guardian or, h under section 40, refusing to discharge a guardian or, i under section 43, regulating the conduct or proceedings of a guardian or settling a matter in difference between joint guardians, or enforcing the order or, j under section 44 or section 45, imposing a penalty. 1. the word district rep. by act 4 of , s. 4.

section 52.. of the guardians and wards act : amendment of indian majority act.rep. by the repealing act, 1 of , s. 2 and the schedule.

section 51. of the guardians and wards act : a guardian appointed by, or holding a certificate of administration from, a civil court under any enactment repealed by this act shall, save as may be prescribed, be subject to the provisions of this act, and of the rules made under it, as if he had been appointed or declared by the court under chapter ii.

section 46. of the guardians and wards act : 1 the court may call upon the collector, or upon any court subordinate to the court, for a report on any matter arising in any proceeding under this act and treat the report as evidence. 2 for the purpose of preparing the report the collector or the judge of the subordinate court as the case may be, shall make such inquiry as he deems necessary, and may for the pruposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a court by the 1code of civil procedure 14 of . 1. see now the code of civil procedure, act 5 of .

section 50. of the guardians and wards act : 1 in addition to any other power to make rules conferred expressly or impliedly by this act, the high court may from time to time make rules consistent with this act a as to the matters respecting which, and the time at which, reports should be called for from collectors and subordinate courts b as to the allowances to be granted to, and the security to be required from, guardians, and the cases in which such allowances should be granted c as to the procedure to be followed with respect to applications of guardians for permission to do acts referred to in sections 28 and 29 d as to the circumstances in which such requisitions as arc mentioned in clauses a, b, c and d of section 34 should be made e as to the preservation of statements and accounts delivered and exhibited by guardians ff as to the inspection of those statements and accounts by persons interested 1 ff as to the audit of accounts under section 34a, the class of persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them g as to the custody of money, and securities for money, belonging to wards h as to the securities on which money belonging to wards may be invested i as to the education of wards for whom guardians, not being collectors, have been appointed or declared by the court and, j generally, for the guidance of the courts in carrying out the purposes of this act. 2 rules under clauses a and 1 of subsection 1 shall not have effect until they have been approved by the state government, nor shall any rule under this section have effect until it has been published in the official gazette. 1. ins. by act 17 of , s. 3.

section 48. of the guardians and wards act : save as provided by the last foregoing section and by 1 section 622 of the code of civil procedure 14 of , an order made under this act shall be final and shall not be liable to be contested by suit or otherwise. 1. see now s. 115 of the code of civil procedure, act 5 of .

section 49. of the guardians and wards act : the costs of any proceeding under this act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the high court under this act, be in the discretion of the court in which the proceeding is had.

section 8. of the mizoram university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof. provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 1. of the mizoram university act : 1 this act may be called the mizoram university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 2nd july, , vide notification no. s.o. 604 e, dated 29th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 4. of the mizoram university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, forestry and other allied disciplines in the educational programmes of the university to take appropriate measures for promoting innovations in teaching learning process, interdisciplinary studies and research to educate and train manpower for the development of the state of mizoram and to pay special attention to the improvement of the social and economic conditions and welfare of the people of the state, their intellectual, academic and cultural development.

section 7. of the mizoram university act : 1 the jurisdiction of the university shall extend to the whole of the state of mizoram. 2 on and from the commencement of this act, all colleges, institutions, schools and departments affiliated to, or admitted to the privileges of, or maintained by, the northeastern hill university shall stand affiliated to, or admitted to the privileges of, or maintained by, the university. 3 on and from the date of commencement of this act, the northeastern hill university shall cease to exercise its jurisdiction in the state of mizoram.

section 3. of the mizoram university act : 1 there shall be established a university by the name of mizoram university. 2 the headquarters of the university shall be at aizawl. 3 the first vicechancellor and the first members of the court, the executive council, the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted body corporate by the name of mizoram university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 9. of the mizoram university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions maintained by it, and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt within the report of the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipments, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made, a to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate, to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 9 the executive council or the management, as the case may be, shall communicate, through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 10 where, the executive council or the management, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions. 11 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 12 the visitor shall have such other powers as may be prescribed by the statutes.

section 9a. of the mizoram university act : 1 9a. the chief rector.the governor of the state of mizoram shall be the chief rector of the university. 1. ins. by act 24 of , s. 2 w.e.f. .

section 10. of the mizoram university act : the following shall be the officers of the university: 1 the vicechancellor 2 the provicechancellor 3 the deans of schools 4 the registrar 5 the finance officer 6 the librarian and 7 such other officers as may be declared by the statutes to be officers of the university.

section 5. of the mizoram university act : the university shall have the following powers, namely: i to provide for instructions in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide facilities through the distance education system to such persons as it may determine vi to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching or academic positions vii to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition viii to recognise persons for imparting instructions in any college or insitution admitted to the privileges of the university ix to appoint persons working in any other university or organisation as teachers of the university for a specified period x to create administrative, ministerial and other posts and to make appointments thereto xi to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xii to establish, with the prior approval of the central government, such centres and specialised laboratories or other units for research and instruction as are, in the opinion of the university necessary for the furtherance of its objects xiii to institute and award fellowships, scholarships, studentships, medals and prizes xiv to establish and maintain colleges, institutions and halls xv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xvi to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xvii to admit to its privileges colleges and institutions within the state of mizoram not maintained by the university to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes to recognise, guide, supervise, and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition xviii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xix to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes xx to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xxi to demand and receive payment of fees and other charges xxii to supervise the residence of the students of the university and to make arrangements for promoting their health and general welfare xxiii to lay down conditions of service of all categories of employees, including their code of conduct xxiv to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxv to make arrangements for promoting the health and general welfare of the employees xxvi to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxvii to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxviii to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 6. of the mizoram university act : on and from the commencement of this act, all properties of the northeastern hill university in the state of mizoram shall stand transferred to, and vest in, the university and shall be applied to the objects for which the university is established.

section 2. of the mizoram university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d college development council means the college development council of the university e college means a college maintained by, or admitted to the privileges of, the university f court means the court of the university g department means a department of studies and includes a centre of studies h distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means i employee means any person appointed by the university and includes teachers and other staff of the university j executive council means the executive council of the university k hall means a unit of residence or of corporate life for the students of the university, or of a college or an institution, maintained by the university l institution means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university m northeastern hill university means the university established under section 3 of the northeastern hill university act, 24 of n principal means the head of a college or an institution maintained by the university and includes, where there is no principal, the person for the time being duly appointed to act as principal, and in the absence of the principal, or the acting principal, a viceprincipal duly appointed as such o recognised institution means an institution of higher learning recognised by the university within the state of mizoram p recognised teachers means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution admitted to the privileges of the university q regulations means the regulations made by any authority of the university under this act for the time being in force r school means a school of studies of the university s statutes and ordinances mean, respectively, the statutes and the ordinances of the university for the time being in force t teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances uuniversity means the mizoram university established and incorporated as a university under this act v vicechancellor and pro vicechancellor mean, respectively, the vicechancellor and provicechancellor of the university

section 18. of the mizoram university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the college development council 5 the board of studies 6 the finance committee and 7 such other authorities as may be declared by the statutes to be the authorities of the university.

section 11. of the mizoram university act : 1 the vicechancellor shall be appointed by the visitor in such manner and on such terms and conditions of service as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 12. of the mizoram university act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties, as may be prescribed by the statutes.

section 13. of the mizoram university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 14. of the mizoram university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 17. of the mizoram university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 15. of the mizoram university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 16. of the mizoram university act : the librarian shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 19. of the mizoram university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 26. of the mizoram university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of authorities and other bodies of the university, as may be constituted from time to time. b the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service e the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provisions pension, insurance and provident fund, the manner of termination of service and disciplinary action relating to employees of the university g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on a college or an institution or a department k the establishment and abolition of schools, departments, centres, halls, colleges and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges o the management of colleges and institutions established by the university p the delegation of powers vested in the authorities or officers of the university q the maintenance of discipline among the employees and students r all other matters which by this act are to be or may be provided for by the statutes.

section 20. of the mizoram university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 21. of the mizoram university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 22. of the mizoram university act : 1 the college development council shall be responsible for admitting colleges to the privileges of the university. 2 the constitution of the college development council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 24. of the mizoram university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 23. of the mizoram university act : the constitution, powers and functions of the boards of studies shall be prescribed by the statutes.

section 25. of the mizoram university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 27. of the mizoram university act : show related subordinates 1the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for reconsideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 28. of the mizoram university act : 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies of them j the establishment of centres of studies, boards of studies, specialised laboratories and other committees k the manner of cooperation and collaboration with other universities, institutions and other agencies including learned bodies or associations l the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university m the institution of fellowships, scholarships, studentship, medals and prizes n the supervision of management of colleges and institutions admitted to the privileges of the university o the setting up of a machinery for redressal or grievances of employees and p all other matters which by this act or the statutes, are to be or may be, provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 34. of the mizoram university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an empire appointed by the visitor. 3 the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 26 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 29. of the mizoram university act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 30. of the mizoram university act : 1 the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 31. of the mizoram university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 32. of the mizoram university act : the university shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require.

section 39. of the mizoram university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or coopts the member whose place has become vacant and person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 33. of the mizoram university act : 1 every person who, immediately before the commencement of this act, is holding or discharging the duties of any post or office in connection with the affairs of the northeastern hill university in any area which on that date falls within the state of mizoram shall be deemed to have been transferred to the services of the mizoram university on the same terms and conditions and to the same rights and privileges as to pension, gratuity, provident fund and other matters as he would have been had under the northeastern hill university act, 24 of . 2 any dispute between a person referred to in subsection 1 and the university shall, at the request of such, person, be referred to a tribunal of arbitration and the provisions of subsections 2,3,4 and 5 of section 34 shall, as far as may be, apply to a reference made under this subsection.

section 35. of the mizoram university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 34 shall, as far as may be, apply to a reference made under this subsection.

section 36. of the mizoram university act : every employee or student of the university or of a college or institution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or an institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 40. of the mizoram university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 38. of the mizoram university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 37. of the mizoram university act : 1the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 28 of , shall apply to such fund, as if it were a government provident fund.

section 43. of the mizoram university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 41. of the mizoram university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 42. of the mizoram university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution, or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 47. of the mizoram university act : in the northeastern hill university act, , i in section 1, in subsection 2, for the words union territories of arunachal pradesh and mizoram, the words state of arunachal pradesh shall be substituted ii in section 2, in clause l, for the words union territories of arunachal pradesh and mizoram, the words state of arunachal pradesh shall be substituted iii in section 6, in subsection 1, for the words union territories of arunachal pradesh and mizoram, the words state of arunachal pradesh shall be substituted.

section 44. of the mizoram university act : notwithstanding anything contained in this act and the statutes: a the first vicechancellor shall be appointed by the visitor in such manner and on such conditions as may be deemed fit and each of the said officer shall hold office for such term, not exceeding five years as may be specified by the visitor b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the first college development council shall consist of not more than ten members, who shall be nominated by the visitor and they shall hold office for a term of three years e the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and they shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 45. of the mizoram university act : notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college, institution, school or department, who, immediately before the admission of such college, institution, school or department, to the privileges of the university, was studying for a degree, diploma or certificate of the northeastern hill university, shall be permitted by the university, to complete his course for that degree, diploma or certificate, as the case may be, and the mizoram university and such college, institution, school or department, shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the north eastern hill university.

section 46. of the mizoram university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 7. of the medical termination of pregnancy act : show related subordinates 1 the state government may, by regulations, a require any such opinion as is referred to in subsection 2 of section 3 to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates b require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations c prohibit the disclosure, except to such persons and for such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations. 2 the intimation given and the information furnished in pursuance of regulations made by virtue of clause b of subsection 1 shall be given or furnished, as the case may be, to the chief medical officer of the state. 12a every regulation made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 3 any person who wilfully contravenes or wilfully fails to comply with the requirements of any regulation made under subsection 1 shall be liable to be punished with fine which may extend to one thousand rupees. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 1. of the medical termination of pregnancy act : 1 this act may be called the medical termination of pregnancy act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. 31 10 . 2. 1st april, , vide notification no. g.s.r. 285, dated 19th february, , see gazette of india, part ii, sec. 3 i.

section 2. of the medical termination of pregnancy act : in this act, unless the context otherwise requires, a guardian means a person having the care of the person of a minor or a 1mentally ill person 2aa medical board means the medical board constituted under subsection 2c of section 3 of the act 3b mentally ill person means a person who is in need of treatment by reason of any mental disorder other than mental retardation c minor means a person who, under the provisions of the indian majority act, 9 of , is to be deemed not to have attained his majority dregistered medical practitioner means a medical practitioner who possesses any recognised medical qualification as defined in clause h of section 2 of the indian medical council act, of , whose name has been entered in a state medical register and who has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this act. 2e termination of pregnancy means a procedure to terminate a pregnancy by using medical or surgical methods. 1. subs. by act 64 of , s. 2, for lunatic w.e.f. . 2. ins. by act 8 of , s. 2 w.e.f. . 3. subs. by s. 2, ibid., for clause b w.e.f. .

section 6. of the medical termination of pregnancy act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the experience or training, or both, which a registered medical practitioner shall have if he intends to terminate any pregnancy under this act and 1aa the category of woman under clause b of subsection 2 of section 3 ab the norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age under subsection 2a of section 3 ac the powers and functions of the medical board under subsection 2c of section 3. b such other matters as are required to be or may be, provided by rules made under this act. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1.ins. by act 8 of , s. 5 w.e.f. .

section 3. of the medical termination of pregnancy act : 1notwithstanding anything contained in the indian penal code 45 of , a registered medical practitioner shall not be guilty of any offence under that code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this act. 12 subject to the provisions of subsection 4, a pregnancy may be terminated by a registered medical practitioner, a where the length of the pregnancy does not exceed twenty weeks, if such medical practitioner is, or b where the length of the pregnancy exceeds twenty weeks but does not exceed twentyfour weeks in case of such category of woman as may be prescribed by rules made under this act, if not less than two registered medical practitioners are, of the opinion, formed in good faith, that i the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health or ii there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality. explanation 1.for the purposes of clause a, where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. explanation 2.for the purposes of clauses a and b, where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. 2a the norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this act. 2b the provisions of subsection 2 relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a medical board. 2c every state government or union territory, as the case may be, shall, by notification in the official gazette, constitute a board to be called a medical board for the purposes of this act to exercise such powers and functions as may be prescribed by rules made under this act. 2d the medical board shall consist of the following, namely: a a gynaecologist b a paediatrician c a radiologist or sonologist and d such other number of members as may be notified in the official gazette by the state government or union territory, as the case may be. 3 in determining whether the continuance of a pregnancy would involve such risk of injury to the health as is mentioned in subsection 2, account may be taken of the pregnant womans actual or reasonably foreseeable environment. 4 a no pregnancy of a woman, who has not attained the age of eighteen years, or, who having attained the age of eighteen years, is a 2mentally ill person, shall be terminated except with the consent in writing of her guardian. b save as otherwise provided in clause a, no pregnancy shall be terminated except with the consent of the pregnant woman. 1. subs. by act 8 of , s. 3, for subsection 2 w.e.f. . 2. subs. by act 64 of , s. 3, for lunatic w.e.f. .

section 4. of the medical termination of pregnancy act : 14. place where pregnancy may be terminated.no termination of pregnancy shall be made in accordance with this act at any place other than a a hospital established or maintained by government, or b a place for the time being approved for the purpose of this act by government or a district level committee constituted by that government with the chief medical officer or district health officer as the chairperson of the said committee: provided that the district level committee shall consist of not less than three and not more than five members including the chairperson, as the government may specify from time to time. 1. subs. by s. 4, ibid., for section 4 w.e.f. .

section 8. of the medical termination of pregnancy act : no suit or other legal proceeding shall lie against any registered medical practitioner for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 5. of the medical termination of pregnancy act : 1 the provisions of section 4, and so much of the provisions of subsection 2 of section 3 as relate to the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman. 12 notwithstanding anything contained in the indian penal code 45 of , the termination of pregnancy by a person who is not a registered medical practitioner shall be an offence punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years under that code, and that code shall, to this extent, stand modified. 3 whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years. 4 any person being owner of a place which is not approved under clause b of section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than two years but which may extend to seven years. explanation 1.for the purposes of this section, the expression owner in relation to a place means any person who is the administrative head or otherwise responsible for the working or maintenance of a hospital or place, by whatever name called, where the pregnancy may be terminated under this act. explanation 2.for the purposes of this section, so much of the provisions of clause d of section 2 as relate to the possession, by registered medical practitioner, of experience or training in gynaecology and obstetrics shall not apply. 1. subs. by act 64 of , s. 5, for subsection 2 and the explanation w.e.f. .

section 5a. of the medical termination of pregnancy act : 15a. protection of privacy of a woman.1 no registered medical practitioner shall reveal the name and other particulars of a woman whose pregnancy has been terminated under this act except to a person authorised by any law for the time being in force. 2 whoever contravenes the provisions of subsection 1 shall be punishable with imprisonment which may extend to one year, or with fine, or with both. 1.ins. by act 8 of , s. 4 w.e.f. .

section 8. of the protection of plant varieties and farmers rights act : 1 it shall be the duty of the authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders. 2 in particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in subsection 1 may provide for a the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed b developing characterisation and documentation of varieties registered under this act c documentation, indexing and cataloguing of farmers varieties d compulsory cataloguing facilities for all varieties of plants e ensuring that seeds of the varieties registered under this act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this act does not arrange for production and sale of the seed in the manner as may be prescribed f collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in india or in any other country, for compilation and publication g ensuring the maintenance of the register.

section 1. of the protection of plant varieties and farmers rights act : show related subordinates 1 this act may be called the protection of plant varieties and farmers rights act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 11th november, , ss. 2 to 13 both inclusive and ss. 95, 96 and 97, vide notification no. s.o. e, dated 11th november, , see gazette of india, extraordinary, part ii, sec. 3ii. 19th october, , s. 1 and ss. 14 to 94 both inclusive vide notification no. s.o. e, dated 19th october, , see gazette of india extraordinary, part ii, sec. 3ii.

section 2. of the protection of plant varieties and farmers rights act : in this act, unless the context otherwise requires, a authority means the protection of plant varieties and farmers rights authority established under subsection 1 of section 3 b benefit sharing, in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the authority under section 26. c breeder means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety 1 e chairperson means the chairperson of the authority appointed under clause a of subsection 5 of section 3 f convention country means a country which has acceded to an international convention for the protection of plant varieties to which india has also acceded, or a country which has a law on protection of plant varieties on the basis of which india has entered into an agreement for granting plant breeders right to the citizens of both the countries g denomination, in relation to a variety or its propagating material or essentially derived variety or its propagating material, means the denomination of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, expressed by means of letters or a combination of letters and figures written in any language h essential characteristics means such heritable traits of a plant variety which are determined by the expression of one or more genes of other heritable determinants that contribute to the principle features, performance or value of the plant variety i essentially derived variety, in respect of a variety the initial variety, shall be said to be essentially derived from such initial variety when it i is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that results from the genotype or combination of genotype of such initial variety ii is clearly distinguishable from such initial variety and iii conforms except for the differences which result from the act of derivation to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety j extant variety means a variety available in india which is i notified under section 5 of the seeds act, 54 of or ii farmers variety or iii a variety about which there is common knowledge or iv any other variety which is in public domain k farmer means any person who i cultivates crops by cultivating the land himself or ii cultivates crops by directly supervising the cultivation of land through any other person or iii conserves and preserves, severally or jointly, with any person any wild species or traditional varieties or adds value to such wild species or traditional varieties through selection and identification of their useful properties l farmers variety means a variety which i has been traditionally cultivated and evolved by the farmers in their fields or ii is a wild relative or land race of a variety about which the farmers possess the common knowledge m gene fund means the national gene fund constituted under subsection 1 of section 45 2 p member means a member of the authority appointed under clause b of subsection 5 of section 3 and includes the membersecretary 3q prescribed means, i in relation to proceedings before a high court, prescribed by rules made by the high court and ii in other cases, prescribed by rules made under this act r propagating material means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant s register means a national register of plant varieties referred to in section 13 t registrar means a registrar of plant varieties appointed under subsection 4 of section 12 and includes the registrargeneral u registrargeneral means the registrargeneral of plant varieties appointed under subsection 3 of section12 v registry means the plant variety registry referred to in subsection 1 of section 12 w regulations means regulations made by the authority under this act x seed means a type of living embryo or propagule capable of regeneration and giving rise to a plant which is true to such type 4 za variety means a plant grouping except microorganism within a single botanical taxon of the lowest known rank, which can be i defined by the expression of the characteristics resulting from a given genotype of that plant grouping ii distinguished from any other plant grouping by expression of at least one of the said characteristics and iii considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers variety and essentially derived variety. 1. clause d omitted by act 33 of , s. 23 w.e.f. . 2. clauses n and o omitted by act 33 of , s. 23 w.e.f. . 3. subs. by s. 23, ibid., for clause q w.e.f. . 4. clauses y and z omitted by act 33 of , s. 23 w.e.f. .

section 7. of the protection of plant varieties and farmers rights act : show related subordinates the chairperson shall be the chief executive of the authority and shall exercise such powers and perform such duties as may be prescribed.

section 3. of the protection of plant varieties and farmers rights act : show related subordinates 1 the central government shall, by notification in the official gazette, establish an authority to be known as the protection of plant varieties and farmers rights authority for the purposes of this act. 2 the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the head office of the authority shall be at such place as the central government may, by notification in the official gazette, specify and the authority may, with the previous approval of the central government, establish branch offices at other places in india. 4 the authority shall consist of a chairperson and fifteen members. 5 a the chairperson, to be appointed by the central government, shall be a person of outstanding caliber and eminence, with long practical experience to the satisfaction of that government especially in the field of plant varietal research or agricultural development. b the members of the authority, to be appointed by the central government, shall be as follows, namely: i the agriculture commissioner, government of india, department of agriculture and cooperation, new delhi, ex officio ii the deputy director general incharge of crop sciences, indian council of agricultural research, new delhi, ex officio iii the joint secretary incharge of seeds, government of india, department of agriculture and cooperation, new delhi, ex officio iv the horticulture commissioner, government of india, department of agriculture and cooperation, new delhi, ex officio v the director, national bureau of plant genetic resources, new delhi, ex officio vi one member not below the rank of joint secretary to the government of india to represent the department of biotechnology, government of india, ex officio vii one member not below the rank of joint secretary to the government of india to represent the ministry of environment and forests, government of india, ex officio viii one member not below the rank of joint secretary to the government of india to represent the ministry of law, justice and company affairs, government of india, ex officio ix one representative from a national or state level farmers organisation to be nominated by the central government x one representative from a tribal organisation to be nominated by the central government xi one representative from the seed industry to be nominated by the central government xii one representative from an agricultural university to be nominated by the central government xiii one representative from a national or state level womens organisation associated with agricultural activities to be nominated by the central government and xiv two representatives of state governments on rotation basis to be nominated by the central government. c the registrargeneral shall be the ex officio membersecretary of the authority. 6 the term of office of the chairperson and the manner of filling the post shall be such as may be prescribed. 7 the chairperson shall appoint a standing committee consisting of five members, one of whom shall be a member who is a representative from a farmers organisation, to advise the authority on all issues including farmers rights. 8 the chairperson shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed. the allowances for nonofficial members for attending the meetings of the authority shall be such as may be prescribed. 9 the chairperson may resign his office by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his office. 10 on the resignation of the chairperson or on the vacation of the office of the chairperson for any reason, the central government may appoint one of the members to officiate as chairperson till a regular chairperson is appointed in accordance with clause a of subsection 5.

section 9., of authority. of the protection of plant varieties and farmers rights act : all orders and decisions of the authority shall be authenticated by the signature of the chairperson or any other member authorised by the authority in this behalf.

section 4. of the protection of plant varieties and farmers rights act : 1 the authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings and the transaction of business of its standing committee appointed under subsection 7 of section 3 as may be prescribed. 2 the chairperson of the authority shall preside at the meetings of the authority. 3 if, for any reason the chairperson is unable to attend any meeting of the authority, any member of the authority chosen by the members present shall preside at the meeting. 4 all questions which come before any meeting of the authority shall be decided by a majority of the votes of the members of the authority present and voting and in the event of equality of votes, the chairperson of the authority or in his absence, the person presiding shall have and exercise a second or casting vote. 5 every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member, concerned or interested, shall not attend that meeting. 6 no act or proceeding of the authority shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as the chairperson or a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case.

section 6. of the protection of plant varieties and farmers rights act : show related subordinates subject to such control and restriction as may be prescribed, the authority may appoint such officers and other employees as may be necessary for the efficient performance of its functions and the method of appointment, the salary and allowances and other conditions of service of such other officers and employees of the authority shall be such as may be prescribed.

section 10. of the protection of plant varieties and farmers rights act : the authority may, by general or special order in writing, delegate to the chairperson, any member or officer of the authority subject to such conditions or limitations, if any, as may be specified in the order, such of its powers and functions except the power to make regulations under section 95 under this act as it may deem necessary.

section 5. of the protection of plant varieties and farmers rights act : show related subordinates 1 the authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the persons appointed as members of the committee under subsection 1 shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the central government.

section 11. of the protection of plant varieties and farmers rights act : in all proceedings under this act before the authority or the registrar, a the authority or the registrar, as the case may be, shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses b the authority or the registrar may, subject to any rule made in this behalf under this act, make such orders as to cost as it considers reasonable and any such order shall be executable as a decree of a civil court.

section 13. of the protection of plant varieties and farmers rights act : show related subordinates 1 for the purposes of this act, a register called the national register of plant varieties shall be kept at the head office of the registry, wherein shall be entered the names of all the registered plant varieties with the names and addresses of their respective breeders, the right of such breeders in respect of the registered varieties, the particulars of the denomination of each registered variety, its seed or other propagating material along with specification of salient features thereof and such other matters as may be prescribed. 2 subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the authority. 3 there shall be kept at each branch office of the registry a copy of the register and such other documents as the central government may, by notification in the official gazette, direct.

section 18. of the protection of plant varieties and farmers rights act : show related subordinates 1 every application for registration under section 14 shall a be with respect to a variety b state the denomination assigned to such variety by the applicant c be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology d be in such form as may be specified by regulations e contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in india from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety f be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration g be accompanied by such fees as may be prescribed h contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired and i be accompanied by such other particulars as may be prescribed: provided that in case where the application is for the registration of farmers variety, nothing contained in clauses b to i shall apply in respect of the application and the application shall be in such form as may be prescribed. 2 every application referred to in subsection 1 shall be filed in the office of the registrar. 3 where such application is made by virtue of a succession or an assignment of the right to apply for registration, there shall be furnished at the time of making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application.

section 12. of the protection of plant varieties and farmers rights act : show related subordinates 1 the central government shall establish, for the purposes of this act, a registry which shall be known as the plant varieties registry. 2 the head office of the plant varieties registry shall be located in the head office of the authority, and for the purpose of facilitating the registration of varieties, there may be established, at such places, as the authority may think fit, branch offices of the registry. 3 the authority shall appoint a registrargeneral of plant varieties who shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters as may be prescribed. 4 the authority may appoint such number of registrars as it thinks necessary for registration of plant varieties under the superintendence and direction of the registrargeneral under this act and may make regulations with respect to their duties and jurisdiction. 5 the term of office and the conditions of service of the registrars shall be such as may be provided by regulations. 6 the authority may, by notification in the official gazette, define the territorial limits within which a branch office of the registry may exercise its functions. 7 there shall be a seal of the plant varieties registry.

section 14. of the protection of plant varieties and farmers rights act : any person specified in section 16 may make an application to the registrar for registration of any variety a of such genera and species as specified under subsection 2 of section 29 or b which is an extant variety or c which is a farmers variety.

section 15. of the protection of plant varieties and farmers rights act : 1 a new variety shall be registered under this act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. 2 notwithstanding anything contained in subsection 1, an extant variety shall be registered under this act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations. 3 for the purposes of subsections 1 and 2, as the case may be, a new variety shall be deemed to be a novel, if, at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety i in india, earlier than one year or ii outside india, in the case of trees or vines earlier than six years, or in any other case, earlier than four years, before the date of filing such application: provided that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety b distinct, if it is clearly distinguishable by at least one essential characteristic from any another variety whose existence is a matter of common knowledge in any country at the time of filing of the application. explanation.for the removal of doubts, it is hereby declared that the filing of an application for the granting of a breeders right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeders right or to the entry of such variety in such official register, as the case may be c uniform, if subject to the variation that may be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics d stable, if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. 4 a new variety shall not be registered under this act if the denomination given to such variety i is not capable of identifying such variety or ii consists solely of figures or iii is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety or iv is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this act or v is likely to deceive the public or cause confusion in the public regarding the identity of such variety or vi is likely to hurt the religious sentiments respectively of any class or section of the citizens of india or vii is prohibited for use as a name or emblem for any of the purposes mentioned in section 3 of the emblems and names prevention of improper use act, 12 of or viii is comprised of solely or partly of geographical name: provided that the registrar may register a variety, the denomination of which comprises solely or partly of a geographical name, if he considers that the use of such denomination in respect of such variety is an honest use under the circumstances of the case.

section 16. of the protection of plant varieties and farmers rights act : 1 an application for registration under section 14 shall be made by a any person claiming to be the breeder of the variety or b any successor of the breeder of the variety or c any person being the assignee of the breeder of the variety in respect of the right to make such application or d any farmer or group of farmers or community of farmers claiming to be the breeder of the variety or e any person authorised in the prescribed manner by a person specified under clauses a to d to make application on his behalf or f any university or publicly funded agricultural institution claiming to be the breeder of the variety. 2 an application under subsection 1 may be made by any of the persons referred to therein individually or jointly with any other person.

section 17. of the protection of plant varieties and farmers rights act : 1 every applicant shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this act in accordance with the regulations. 2 the authority shall, having regard to the provisions of any international convention or treaty to which india has become a party, make regulations governing the assignment of denomination to a variety. 3 where the denomination assigned to the variety does not satisfy the requirements specified in the regulations, the registrar may require the applicant to propose another denomination within such time as may be specified by such regulations. 4 notwithstanding anything contained in the trade marks act, 47 of , a denomination assigned to a variety shall not be registered as a trade mark under that act.

section 19. of the protection of plant varieties and farmers rights act : show related subordinates 1 every applicant shall, along with the application for registration made under this act, make available to the registrar such quantity of seed of a variety for registration of which such application is made, for the purpose of conducting tests to evaluate whether seed of such variety along with parental material conform to the standards as may be specified by regulations: provided that the registrar or any person or test centre to whom such seed has been sent for conducting test shall keep such seed during his or its possession in such manner and in such condition that its viability and quality shall remain unaltered. 2 the applicant shall deposit such fees as may be prescribed for conducting tests referred to in subsection 1. 3 the tests referred to in subsection 1 shall be conducted in such manner and by such method as may be prescribed.

section 20. of the protection of plant varieties and farmers rights act : 1 on receipt of an application under section 14, the registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit. 2 where the registrar is satisfied that the application does not comply with the requirements of this act or any rules or regulations made thereunder, he may, either a require the applicant to amend the application to his satisfaction or b reject the application: provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of presenting his case.

section 26. of the protection of plant varieties and farmers rights act : show related subordinates 1 on receipt of copy of the certificate of registration under subsection 8 of section 23 or subsection 2 of section 24, the authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. 2 on invitation of the claims under subsection 1, any person or group of persons or firm or governmental or nongovernmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as may be prescribed: provided that such claim shall only be submitted by any i person or group of persons, if such person or every person constituting such group is a citizen of india or ii firm or governmental or nongovernmental organisation, if such firm or organisation is formed or established in india. 3 on receiving a claim under subsection 2, the authority shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed. 4 the authority shall, after giving an opportunity of being heard to the parties, dispose of the claim received under subsection 2. 5 while disposing of the claim under subsection 4, the authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely: a the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed b the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed. 6 the amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner referred to in clause a of subsection 1 of section 45 in the national gene fund. 7 the amount of benefit sharing determined under this section shall, on a reference made by the authority in the prescribed manner, be recoverable as an arrear of land revenue by the district magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides.

section 21. of the protection of plant varieties and farmers rights act : show related subordinates 1 where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under subsection 1 of section 20, the registrar shall, as soon as after its acceptance, cause such application together with the conditions or limitations, if any, subject to which it has been accepted and the specifications of the variety for registration of which such application is made including its photographs or drawings, to be advertised in the prescribed manner calling objections from the persons interested in the matter. 2 any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the registrar of his opposition to the registration. 3 opposition to the registration under subsection 2 may be made on any of the following grounds, namely: a that the person opposing the application is entitled to the breeders right as against the applicant or b that the variety is not registrable under this act or c that the grant of certificate of registration may not be in public interest or d that the variety may have adverse effect on the environment. 4 the registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application 5 if the applicant sends such counterstatement, the registrar shall serve a copy thereof on the person giving notice of opposition. 6 any evidence upon which the opponent and the applicant may rely shall be submitted, in the manner prescribed and within the time prescribed, to the registrar and the registrar shall give an opportunity to them to be heard, if so desired. 7 the registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not. 8 where a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the cost of proceedings before him and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned. 9 the registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counterstatement on such terms as he may think fit.

section 22. of the protection of plant varieties and farmers rights act : the registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition.

section 23. of the protection of plant varieties and farmers rights act : show related subordinates 1 an application for the registration of an essentially derived variety of the genera or species specified under subsection 2 of section 29 by the central government shall be made to the registrar by or on behalf of any person referred to in section 14 and in the manner specified in section 18 as if for the word variety, the words essentially derived variety have been substituted therein and shall be accompanied by such documents and fees as may be prescribed. 2 when the registrar is satisfied that the requirements of subsection 1 have been complied with to his satisfaction, he shall forward the application with his report and all the relevant document to the authority. 3 on receipt of an application under subsection 2, the authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed. 4 when the authority is satisfied on the report of the test referred to in subsection 3 that the essentially derived variety has been derived from the initial variety, it may direct the registrar to register such essentially derived variety and the registrar shall comply with the direction of the authority. 5 where the authority is not satisfied on the report of the test referred to in subsection 3 that the essentially derived variety has been derived from the initial variety it shall refuse the application. 6 the rights of the breeder of a variety contained in section 28 shall apply to the breeder of essentially derived variety: provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under subsection 2 of section 28 may be subject to such terms and conditions as both the parties may mutually agree upon. 7 an essentially derived variety shall not be registered under this section unless it satisfies the requirements of section 15 as if for the word variety, the words essentially derived variety have been substituted therein. 8 when an essentially derived variety has been registered by the registrar in compliance with the direction of the authority under subsection 4, the registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the registry and send a copy thereof to the authority and to such other authority, as may be prescribed, for information.

section 24. of the protection of plant varieties and farmers rights act : show related subordinates 1 when an application for registration of a variety other than an essentially derived variety has been accepted and either a the application has not been opposed and the time of notice of opposition has expired or b the application has been opposed and the opposition has been rejected, the registrar shall register the variety. 2 on the registration of the variety other than an essentially derived variety, the registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the registry and send a copy thereof to the authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. the maximum time required by the registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety shall be such as may be prescribed. 3 where registration of a variety other than an essentially derived variety, is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. 4 the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake. 5 the registrar shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the authority on such application. 6 the certificate of registration issued under this section or subsection 8 of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed, i in the case of trees and vines, eighteen years from the date of registration of the variety ii in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 54 of and iii in other cases, fifteen years from the date of registration of the variety.

section 27. of the protection of plant varieties and farmers rights act : show related subordinates 1 the breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the national gene bank as may be specified in the regulations for reproduction purpose at the breeders expense within such time as may be specified in that regulation. 2 the seeds or propagating material or parental line seeds to be deposited under subsection 1 shall be deposited to the national gene bank specified by the authority.

section 25. of the protection of plant varieties and farmers rights act : the authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval.

section 33. of the protection of plant varieties and farmers rights act : show related subordinates 1 a breeder of a variety registered under this act may, at any time by giving notice in the prescribed manner to the registrar, offer to surrender his certificate of registration. 2 where such an offer is made, the registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate. 3 any of such agent or licensee may, within the prescribed period after such notification, give notice to the registrar of his opposition to the surrender and where any such notice is given, the registrar shall intimate the contents of such notice to the breeder of such variety. 4 if the registrar is satisfied after hearing the applicant and all the opponents, if desirous of being heard, that the certificate of registration may properly be surrendered, he may accept the offer and by order revoke the certificate of registration.

section 28. of the protection of plant varieties and farmers rights act : show related subordinates 1 subject to the other provisions of this act, a certificate of registration for a variety issued under this act shall confer an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety: provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the central government, and in cases where such extant variety is notified for a state or for any area thereof under section 5 of the seeds act, 54 of , the state government, shall be deemed to be the owner of such right. 2 a breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this act subject to such limitations and conditions as may be specified by regulations. 3 every authorisation under this section shall be in such form as may be specified by regulations. 4 where an agent or a licensee referred to in subsection 1 becomes entitled to produce, sell, market, distribute, import or export a variety, he shall apply in the prescribed manner and with the prescribed fees to the registrar to register his title and the registrar shall, on receipt of application and on proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the variety for which he is entitled for such right, and shall cause particulars of such entitlement and conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the register: provided that when the validity of such entitlement is in dispute between the parties, the registrar may refuse to register the entitlement and refer the matter in the prescribed manner to the authority and withhold the registration of such entitlement until the right of the parties in dispute so referred to has been determined by the authority. 5 the registrar shall issue a certificate of registration under subsection 4 to the applicant after such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the conditions or restrictions thereof, if any. 6 subject to any agreement subsisting between the parties, an agent or licensee of a right to a variety registered under subsection 4 shall be entitled to call upon the breeder or his successor thereof to take proceedings to prevent infringement thereof, and if the breeder or his successor refuses or neglects to do so within three months after being so called upon, such registered agent or licensee may institute proceedings for infringement in his own name as if he were the breeder, making the breeder or his successor a defendant. 7 notwithstanding anything contained in any other law, a breeder or his successor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 8 nothing in this section shall confer on a registered agent or registered licensee of a variety any right to transfer such right further thereof. 9 without prejudice to the registration under subsection 4, the terms of registration a may be varied by the registrar as regards the variety in respect of which, or any condition or restriction subject to which, it has effect on receipt of an application in the prescribed manner of the registered breeder of such variety or his successor b may be cancelled by the registrar on the application in the prescribed manner of the registered breeder of such variety or his successor or of the registered agent or registered licensee of such variety c may be cancelled by the registrar on the application in the prescribed manner of any person other than the breeder, his successor, the registered agent or the registered licensee on any of the following grounds, namely: i that the breeder of a variety or his successor or the registered agent or registered licensee of such variety, misrepresented, or failed to disclose, some fact material to the application for registration under subsection 4 which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered agent or registered licensee ii that the registration ought not to have been effected having regard to the right vested in the applicant by virtue of a contract in the performance of which he is interested d may be cancelled by the registrar on the application in the prescribed manner of the breeder of a registered variety or his successor on the ground that any stipulation in the agreement between the registered agent or the registered licensee, as the case may be, and such breeder or his successor regarding the variety for which such agent or licensee is registered is not being enforced or is not being complied with e may be cancelled by the registrar on the application of any person in the prescribed manner on the ground that the variety relating to the registration is no longer existing. 10 the registrar shall issue notice in the prescribed manner of every application under this section to the registered breeder of a variety or his successor and to each registered agent or registered licensee not being the applicant of such variety. 11 the registrar shall, before making any order under subsection 9, forward the application made in that behalf along with any objection received by any party after notice under subsection 10 for the consideration of the authority, and the authority may, after making such inquiry as it thinks fit, issue such directions to the registrar as it thinks fit and the registrar shall dispose of the application in accordance with such directions.

section 34. of the protection of plant varieties and farmers rights act : show related subordinates subject to the provisions contained in this act, the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner of any person interested, be revoked by the authority on any of the following grounds, namely: a that the grant of the certificate of registration has been based on incorrect information furnished by the applicant b that the certificate of registration has been granted to a person who is not eligible for protection under this act c that the breeder did not provide the registrar with such information, documents or material as required for registration under this act d that the breeder has failed to provide an alternative denomination of the variety which is the subject matter of the registration to the registrar in case where the earlier denomination of such variety provided to the registrar is not permissible for registration under this act e that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory licence has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder f that the breeder has not complied with the provisions of this act or rules or regulations made thereunder g that the breeder has failed to comply with the directions of the authority issued under this act h that the grant of the certificate of registration is not in the public interest: provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter.

section 29. of the protection of plant varieties and farmers rights act : show related subordinates 1 notwithstanding anything contained in this act, no registration of a variety shall be made under this act in cases where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment. 2 the central government shall, by notification in the official gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers varieties under this act. 3 notwithstanding anything contained under subsection 2 and subsections 1 and 2 of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this act. . explanation.for the purposes of this subsection, the expression any technology includes genetic use restriction technology and terminator technology. 4 the central government shall not delete any genera or species from the list of genera or species specified in a notification issued under subsection 2 except in the public interest. 5 any variety belonging to the genera or species excluded under subsection 4 shall not be eligible for any protection under this act.

section 35. of the protection of plant varieties and farmers rights act : show related subordinates 1 the authority may, with the prior approval of the central government, by notification in the official gazette, impose a fee to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this act determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may be, in respect of the variety, for the retention of their registration under this act. 2 if any breeder, agent or licensee fails to deposit the fees referred to in subsection 1 imposed upon him under that subsection in the prescribed manner up to two consecutive years, the authority shall issue notice to such breeder, agent or licensee and on service of such notice if he fails to comply with the direction in the notice, the authority shall declare all the protection admissible under the registration certificate issued to such breeder or agent or licensee forfeited. 3 the arrears of fee imposed under subsection 1 shall be deemed to be the arrears of land revenue and shall be recoverable accordingly.

section 31. of the protection of plant varieties and farmers rights act : 1 with a view to the fulfilment of a treaty, convention or arrangement with any country outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, declare such country to be a convention country for the purposes of this act. 2 where a person has made an application for the granting of a breeders right to a variety or for entering such variety in the official register of varieties in a convention country and that person, or any person entitled to make application on his behalf under section 14 or section 23, makes an application for the registration of such variety in india within twelve months after the date on which the application was made in the convention country, such variety shall, if registered under this act, be registered as of the date on which the application was made in the convention country and that date shall be deemed for the purposes of this act to be the date of registration. 3 where applications have been made for granting of a breeders right to a variety, or for entering such variety in the official register of varieties in two or more convention countries, the period of twelve months referred to in subsection 2 shall be reckoned from the date on which the earlier or earliest of those applications were made. 4 nothing in this act shall entitle the breeder of a registered variety for infringement of rights other than protected under this act which took place prior to the date of application of registration under this act.

section 30. of the protection of plant varieties and farmers rights act : nothing contained in this act shall prevent a the use of any variety registered under this act by any person using such variety for conducting experiment or research or b the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety.

section 32. of the protection of plant varieties and farmers rights act : where any country declared by the central government in this behalf by notification in the official gazette under subsection 1 of section 31 does not accord to citizens of india the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this act.

section 37. of the protection of plant varieties and farmers rights act : show related subordinates 1 the registrar may, on an application in the prescribed manner by the breeder of a variety registered under this act, a correct any error in the register in the name, address or description of such breeder or any other entry relating to such variety b enter in the register any change in the name, address or description of such breeder c cancel the entry in the register of the variety in respect of which such application is made and may make any consequential amendment or alteration in the certificate of registration and for that purpose require the certificate of registration to be produced to him. 2 the registrar may, on application made in the prescribed manner by a registered agent or a registered licensee of a variety and after notice to the registered breeder of such variety, correct any error, or enter any change, in the name, address or description of such registered agent or registered licensee, as the case may be, in the register or certificate of registration issued under this act rules yeardescriptionfiles protection of plant vhrieties and farmers rights rules, .

section 36. of the protection of plant varieties and farmers rights act : show related subordinates 1 on an application made in the prescribed manner to the registrar by any person aggrieved, the registrar may make such order as he may think fit for cancelling or changing any certificate of registration issued under this act on the ground of any contravention of the provisions of this act or failure to observe a condition subject to which such registration certificate is issued. 2 any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, may apply in the prescribed manner to the registrar and the registrar may make such order for making, expunging or varying the entry as he may think fit. 3 the registrar may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of the register. 4 the registrar on his own motion may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in subsection 1 or subsection 2.

section 38. of the protection of plant varieties and farmers rights act : show related subordinates 1 the breeder of a variety registered under this act may apply in the prescribed manner to the registrar to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit to avoid any conflict with the rights of other breeders of the varieties registered under this act. 2 the registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the registrar in the prescribed manner of opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter. 3 where leave is granted under this section, the denomination of the variety as altered shall be advertised in the prescribed manner, unless the application has already been advertised under subsection 2.

section 45. of the protection of plant varieties and farmers rights act : show related subordinates 1 the central government shall constitute a fund to be called the national gene fund and there shall be credited thereto a the benefit sharing received in the prescribed manner from the breeder of a variety or an essentially derived variety registered under this act, or propagating material of such variety or essentially derived variety, as the case may be b the annual fee payable to the authority by way of royalty under subsection 1 of section 35 c the compensation deposited in the gene fund under subsection 4 of section 41 d the contribution from any national and international organisation and other sources. 2 the gene fund shall, in the prescribed manner, be applied for meeting a any amount to be paid by way of benefit sharing under subsection 5 of section 26 b the compensation payable under subsection 3 of section 41 c the expenditure for supporting the conservation and sustainable use of genetic resources including insitu and exsitu collections and for strengthening the capability of the panchayat in carrying out such conservation and sustainable use d the expenditure of the schemes relating to benefit sharing framed under section 46.

section 39. of the protection of plant varieties and farmers rights act : show related subordinates 1 notwithstanding anything contained in this act, i a farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this act ii the farmers variety shall be entitled for registration if the application contains declarations as specified in clause h of subsection 1 of section 18 iii a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the gene fund: provided that material so selected and preserved has been used as donors of genes in varieties registrable under this act iv a farmer shall be deemed to be entitled to save, use, sow resow, exchange, share or sell his farm produce including seed of a variety protected under this act in the same manner as he was entitled before the coming into force of this act: provided that the farmer shall not be entitled to sell branded seed of a variety protected under this act. explanation.for the purpose of clause iv, branded seed means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this act. 2 where any propagating material of a variety registered under this act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions, the farmer or the group of farmers or the organisation of farmers, the case may be, may claim compensation in the prescribed manner before the authority and the authority, after giving notice to the breeder of the variety and after providing him an opportunity to file opposition in the prescribed manner and after hearing the parties, may direct the breeder of the variety to pay such compensation as it deems fit, to the farmer or the group of farmers or the organisation of farmers, as the case may be.

section 41. of the protection of plant varieties and farmers rights act : show related subordinates 1 any person or group of persons whether actively engaged in farming or not or any governmental or nongovernmental organisation may, on behalf of any village or local community in india, file in any centre notified, with the previous approval of the central government, by the authority, in the official gazette, any claim attributable to the contribution of the people of that village or local community, as the case may be, in the evolution of any variety for the purpose of staking a claim on behalf of such village or local community. 2 where any claim is made under subsection 1, the centre notified under that subsection may verify the claim made by such person or group of persons or such governmental or nongovernmental organisation in such manner as it deems fit, and if it is satisfied that such village or local community has contributed significantly to the evolution of the variety which has been registered under this act, it shall report its findings to the authority. 3 when the authority, on a report under subsection 2 is satisfied, after such inquiry as it may deem fit, that the variety with which the report is related has been registered under the provisions of this act, it may issue notice in the prescribed manner to the breeder of that variety and after providing opportunity to such breeder to file objection in the prescribed manner and of being heard, it may subject to any limit notified by the central government, by order, grant such sum of compensation to be paid to a person or group of persons or governmental or nongovernmental organisation which has made claim under subsection 1, as it may deem fit. 4 any compensation granted under subsection 3 shall be deposited by the breeder of the variety in the gene fund. 5 the compensation granted under subsection 3 shall be deemed to be an arrear of land revenue and shall be recoverable by the authority accordingly.

section 40. of the protection of plant varieties and farmers rights act : 1 a breeder or other person making application for registration of any variety under chapter iii shall disclose in the application the information regarding the use of genetic material conserved by any tribal or rural families in the breeding or development of such variety. 2 if the breeder or such other person fails to disclose any information under subsection 1, the registrar may, after being satisfied that the breeder or such person has wilfully and knowingly concealed such information, reject the application for registration.

section 42. of the protection of plant varieties and farmers rights act : notwithstanding anything contained in this act, i a right established under this act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right and ii a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this act shall be taken, for such infringement by any court against a farmer who proves, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed.

section 43. of the protection of plant varieties and farmers rights act : notwithstanding anything contained in subsection 6 of section 23 and section 28, where an essentially derived variety is derived from a farmers variety, the authorisation under subsection 2 of section 28 shall not be given by the breeder of such farmers variety except with the consent of the farmers or group of farmers or community of farmers who have made contribution in the preservation or development of such variety.

section 44. of the protection of plant varieties and farmers rights act : a farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the authority or registrar 1or the high court under this act or the rules made thereunder. explanation.for the purposes of this section, fees in any proceeding includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this act or the rules made thereunder. 1. the words or the tribunal omitted by act 33 of , s. 23 w.e.f. .

section 46. of the protection of plant varieties and farmers rights act : 1 the central government shall, for the purposes of section 41 and clause d of subsection 2 of section 45, frame, by notification in the official gazette, one or more schemes. 2 in particular, and without prejudice to the generality of the provisions of subsection 1, the scheme may provide for all or any of the following matters, namely: a the registration of the claims for the purposes of section 41 under the scheme and all matters connected with such registration b the processing of such claims for securing their enforcement and matters connected therewith c the maintenance of records and registers in respect of such claims d the utilisation, by way of disbursal including apportionment or otherwise, of any amounts received in satisfaction of such claims e the procedure for disbursal or apportionment by the authority in the event of dispute regarding such claims f the utilisation of benefit sharing for the purposes relating to breeding, discovery or development of varieties g the maintenance and audit of accounts with respect to the amounts referred to in clause d.

section 47. of the protection of plant varieties and farmers rights act : show related subordinates 1 at any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an application to the authority alleging that the reasonable requirements of the public for seed or other propagating material of the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price and pray for the grant of a compulsory licence to undertake production, distribution and sale of the seed or other propagating material of that variety. 2 every application under subsection 1 shall contain a statement of the nature of the applicants interest together with such particulars as may be prescribed and the facts upon which the application is based. 3 the authority, after consultation with the central government, and if satisfied after giving an opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that the reasonable requirements of the public with respect to the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price, may order such breeder to grant a licence to the applicant upon such terms and conditions as it may deem fit and send a copy of such order to the registrar to register the title of such applicant as licensee under subsection 4 of section 28 on payment of such fees by the applicant as is referred to in that subsection.

section 54. of the protection of plant varieties and farmers rights act : omitted by the tribunals reforms act, 33 of , s. 23 w.e.f. .

section 48. of the protection of plant varieties and farmers rights act : in determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in subsection 1 or subsection 3 of section 47, the authority shall take into account i the nature of the variety, the time which has elapsed since the grant of the certificate of registration of the variety, price of the seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public and ii the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public.

section 49. of the protection of plant varieties and farmers rights act : 1 if the breeder of a variety registered under this act in respect of which any application has been pending before the authority under section 47 makes a written request to the authority on the ground that due to any reasonable factor, such breeder has been unable to produce seed or other propagating material of the variety on a commercial scale to an adequate extent till the date of making such request, the authority may, on being satisfied that the said ground is reasonable, adjourn the hearing of such application for such period not exceeding twelve months in aggregate as it may consider sufficient for optimum production of the seed or propagating material of such variety, as the case may be, by such breeder. 2 no adjournment of the application under subsection 1 shall be granted unless the authority is satisfied that the breeder of the variety registered under this act in respect of which such application is made, has taken immediate measures to meet the reasonable requirements of the public for the seed or other propagating material of such variety.

section 50. of the protection of plant varieties and farmers rights act : show related subordinates the authority shall determine the duration of the compulsory licences granted under this chapter and such duration may vary from case to case keeping in view the gestation periods and other relevant factors but in any case it shall not exceed the total remaining period of the protection of that variety and when a compulsory licence is granted the prescribed authority shall, in the prescribed manner make available to the licensee of such compulsory licence, the reproductive material of the variety relating to such compulsory licence stored in the national gene bank or any other centre.

section 51. of the protection of plant varieties and farmers rights act : 1 the authority shall, while determining the terms and conditions of a compulsory licence under the provisions of this chapter, endeavour to secure i reasonable compensation to the breeder of the variety relating to the compulsory licence having regard to the nature of the variety, the expenditure incurred by such breeder in breeding the variety or for developing it, and other relevant factors ii that the compulsory licensee of such variety possesses the adequate means to provide to the farmers, the seeds or other propagating material of such variety timely and at reasonable market price. 2 no compulsory licence granted by the authority shall authorise the licensee to import the variety relating to such licence or any seed or other propagating material of such variety from abroad where such import would constitute an infringement of the rights of the breeder of such variety.

section 52. of the protection of plant varieties and farmers rights act : show related subordinates 1 the authority, on its own motion or on application from an aggrieved person made to it in the prescribed form, if it is satisfied that a compulsory licensee registered under this chapter has violated any terms or conditions of his licence or it is not appropriate to continue further such licence in public interest, may, after giving such licensee an opportunity to file opposition and of being heard, make order to revoke such licence. 2 when a licence is revoked under subsection 1 by an order of the authority, the authority shall send a copy of such order to the registrar to rectify the entry or correct the register relating to such revocation and the registrar shall rectify the entry or correct the register accordingly.

section 53. of the protection of plant varieties and farmers rights act : the authority may, on its own motion or on application from licensee of a compulsory licence, after providing the opportunity of being heard to the breeder of the variety registered under this act relating to such compulsory licence, if it considers, in public interest, so to do, modify, by order, such terms and conditions as it thinks fit and send a copy of such order to the registrar to correct the entries and register according to such modification and the registrar shall ensure such corrections to be made accordingly.

section 59. of the protection of plant varieties and farmers rights act : omitted by s. 23, ibid. w.e.f. .

section 55. of the protection of plant varieties and farmers rights act : omitted by s. 23, ibid. w.e.f. .

section 56. of the protection of plant varieties and farmers rights act : show related subordinates 1 an appeal shall be preferred to the 1high court within the prescribed period from any a order or decision of the authority or registrar, relating to registration of a variety or b order or decision of the registrar relating to registration as an agent or a licensee of a variety or c order or decision of the authority relating to claim for benefit sharing or d order or decision of the authority regarding revocation of compulsory licence or modification of compulsory licence or e order or decision of the authority regarding payment of compensation, made under this act or the rules made thereunder. 2 every such appeal shall be preferred by a petition in writing and shall be in such form and shall contain such particulars as may be prescribed. 2. 1. subs. by s. 23, ibid., for tribunal w.e.f. . 2. subsection 3 omitted by act 33 of , s. 23 w.e.f. .

section 62. of the protection of plant varieties and farmers rights act : show related subordinates 1 the authority shall prepare a budget, maintain proper accounts and other relevant records including the accounts and other relevant records of the gene fund and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in his behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 57. of the protection of plant varieties and farmers rights act : 1 the 1high court may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. 2 the 1high court may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under subsection 1, and make such amendment if the mistake is brought to its notice by the appellant or the opposite party. 3 in every appeal, the 1high court may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal. 4 the 1high court shall send a copy of any order passed under this section to the registrar. 2 1.subs. by s. 23, ibid., for tribunal w.e.f. . 2. subsection 5 omitted by s. 23, ibid. w.e.f. .

section 64. of the protection of plant varieties and farmers rights act : subject to the provisions of this act, a right established under this act is infringed by a person a who, not being the breeder of a variety registered under this act or a registered agent or a registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breeder or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be b who uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety registered under this act in such manner as to cause confusion in the mind or general people in identifying such variety so registered.

section 58. of the protection of plant varieties and farmers rights act : omitted by the tribunals reforms act, 33 of , s. 23 w.e.f. 44 .

section 60. of the protection of plant varieties and farmers rights act : the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants and loans of such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 61. of the protection of plant varieties and farmers rights act : 1 there shall be constituted a fund to be called the protection of plant varieties authority account and there shall be credited thereto a all grants and loans made to the authority by the central government under section 60 b all fees received by the authority and the registrars except the annual fee determined on the basis of benefit or royalty under subsection 1 of section 35 c all sums received by the authority from such other sources as may be decided upon by the central government. 2 the protection of plant varieties authority account shall be applied for meeting a the salaries, allowances and other remuneration of the chairperson, officers and other employees of the authority and allowances, if any, payable to the members b the other expenses of the authority in connection with the discharge of its functions and for purposes of this act.

section 63. of the protection of plant varieties and farmers rights act : show related subordinates the chairperson shall exercise such financial and administrative powers over the functions of the authority as may be prescribed: provided that the chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to a member or any other officer of the authority subject to the condition that the member or such other officer shall, while exercising such delegated powers, continue to be under the direction, control and supervision of the chairperson. rules yeardescriptionfiles protection of plant vhrieties and farmers rights rules, .

section 65. of the protection of plant varieties and farmers rights act : 1 no suit a for the infringement of a variety registered under this act or b relating to any right in a variety registered under this act, shall be instituted in any court inferior to a district court having jurisdiction to try the suit. 2 for the purposes of clauses a and b of subsection 1, district court having jurisdiction shall mean the district court within the local limit of whose jurisdiction the cause of action arises.

section 66. of the protection of plant varieties and farmers rights act : 1 the relief which a court may grant in any suit for infringement referred to in section 65 includes an injunction and at the option of the plaintiff, either damages or a share of the profits. 2 the order of injunction under subsection 1 may include an ex parte injunction or any interlocutory order for any of the following matters, namely: a discovery of documents b preserving of infringing variety or documents or other evidence which are related to the subjectmatter of the suit c attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.

section 72. of the protection of plant varieties and farmers rights act : whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being variety or its propagating material or essentially derived variety or its propagating material registered under this act, to the effect that it is a variety or its propagating material or essentially derived variety or its propagating material registered under this act or otherwise represents any variety, or its propagating material, or essentially derived variety or its propagating material not registered under this act to the effect that it is registered under this act shall be punishable with imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.

section 68. of the protection of plant varieties and farmers rights act : show related subordinates 1 no person other than the breeder of a variety registered under this act or a registered licensee or a registered agent thereof shall use the denomination of that variety in the manner as may be prescribed. 2 a person shall be deemed to apply the denomination of a variety registered under this act who a applies it to the variety itself or b applies it to any package in or with which the variety is sold, or exposed for sale, or had in possession such package for sale or for any purpose of trade or production or c places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or production, in or with any package or other thing to which the denomination of such variety registered under this act has been applied or d uses the denomination of such variety registered under this act in any manner reasonably likely to lead to the belief that the variety or its propagating material in connection with which it is used is designated or described by that denomination or e in relation to the variety uses such denomination in any advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and such variety is delivered to a person in pursuance of a request or order made by reference to the denomination as so used. 3 a denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing.

section 67. of the protection of plant varieties and farmers rights act : 1 when the court has to form an opinion upon any question of fact or a scientific issue, such court may appoint an independent scientific adviser to suggest it or to inquire into and report upon the matter to enable it to from the desired opinion. 2 the scientific adviser may be paid such remuneration or expenses as the court may fix.

section 69. of the protection of plant varieties and farmers rights act : 1 a person shall be deemed to falsely apply the denomination of a variety registered under this act who, without the assent of the breeder of such variety, a applies such denomination or a deceptively similar denomination to any variety or any package containing such variety b uses any package bearing a denomination which is identical with or deceptively similar to the denomination of such variety registered under this act, for the purpose of packing, filling or wrapping therein any variety other than such variety registered under this act. 2 any denomination of a variety registered under this act falsely applied as mentioned in subsection 1, is in this act referred to as false denomination. 3 in any prosecution for falsely applying a denomination of a variety registered under this act the burden of proving the assent of the breeder of such variety shall lie on the accused.

section 74. of the protection of plant varieties and farmers rights act : the provisions of this act relating to offences shall be subject to the right created as recognised by this act and no act or omission shall be deemed to be an offence under the provisions of this act if such act or omission is permissible under this act.

section 71. of the protection of plant varieties and farmers rights act : any person who sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or production of any variety to which any false denomination is applied or to which an indication of the country or place in which such variety was made or produced or the name and address of the breeder of such variety registered under this act has been falsely made, shall, unless he proves a that having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the denomination of such variety or that any offence had been committed in respect of indication of the country or place in which such variety registered under this act, was made or produced or the name and address of the breeder of such variety b that, on demand by or on behalf of the prosecutor, he gave all the information in his possession with respect to the person from whom he obtained such variety or c that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.

section 70. of the protection of plant varieties and farmers rights act : 1 any person who a applies any false denomination to a variety or b indicates the false name of a country or place or false name and address of the breeder of a variety registered under this act in the course of trading such variety, shall, unless he proves that he acted, without intend to defraud, be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.

section 73. of the protection of plant varieties and farmers rights act : whoever, having already been convicted of an offence under this act is again convicted of such offence shall be punishable for the second and for every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years, or with fine which shall not be less than two lakh rupees but which may extend to twenty lakh rupees, or with both.

section 75. of the protection of plant varieties and farmers rights act : where a person accused of an offence under this act proves that in the ordinary course of his employment, he has acted without any intention to commit the offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted.

section 76. of the protection of plant varieties and farmers rights act : 1 where the offence charged under this act is in relation to a variety or its propagating material or essentially derived variety or its propagating material registered under this act and the accused pleads that the registration of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, is invalid and the court is satisfied that such offence is prima facie not tenable, it shall not proceed with the charge but shall adjourn the proceedings for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the registrar under this act for the rectification of the register on the ground that the registration is invalid. 2 if the accused proves to the court that he has made such application within the time so limited or within such further time as the court for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. 3 if within a period of three months or within such extended time as may be allowed by the court, the accused fails to apply to the registrar for rectification of the register, the court shall proceed with the case as if the registration were valid. 4 where before institution of a complaint of an offence referred to in subsection 1, any application for the rectification of the register concerning the registration of the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, in question on the ground of invalidity of such registration has already been properly made to and is pending before the registrar, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification.

section 77. of the protection of plant varieties and farmers rights act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm

section 82., and things done by the authority and the registrar. of the protection of plant varieties and farmers rights act : 1a copy of any entry in the register, or of any document issued under this act purporting to be certified by the authority or the registrar and sealed with the seal of such authority or registrar, as the case may be, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. 2 a certificate purporting to be under the hand of the authority or the registrar, as the case may be, as to any entry, matter or things that such authority or registrar is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the content thereof, or of the matter or things having been done or not done.

section 79. of the protection of plant varieties and farmers rights act : where a denomination of a variety or its propagating material or essentially derived variety or its propagating material registered under this act has been applied to the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, on sale or in the contract for sale of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, the seller shall be deemed to warrant that the denomination is a genuine denomination and not falsely applied, unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, or contract to and accepted by the buyer.

section 78. of the protection of plant varieties and farmers rights act : notwithstanding anything contained in this act, the authority or the registrar shall a not disclose any information relating to the registration of a variety or any application relating to the registration of a variety under this act, which it considers prejudicial to the interest of the security of india and b take any action regarding the cancellation of registration of such varieties registered under this act which the central government may by notification in the official gazette specify in the interest of the security of india. explanation.for the purposes of this section, the expression security of india means any action necessary for the security of india which relates to the use of any produce of any variety registered under this act directly or indirectly for the purposes of war or military establishment or for the purposes of war or other emergency in international relations.

section 80. of the protection of plant varieties and farmers rights act : if a person who is a party to a proceeding under this act not being a proceeding in a court dies pending the proceeding, the authority or the registrar, as the case may be, may, on request, and on proof to the satisfaction of such authority or registrar, of the transmission of the interest of the deceased person, substitute in the proceedings his successor in interest in his place, or, if the authority or the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving party, permit the proceedings to continue without the substitution of his successor in interest.

section 81. of the protection of plant varieties and farmers rights act : show related subordinates the registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered under this act may institute appropriate proceedings in the court under this act on behalf of the breeder of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so.

section 83. of the protection of plant varieties and farmers rights act : show related subordinates the authority or the registrar or any officer working under the authority or the registrar, as the case may be, shall not, in any legal proceedings, be compelled to produce the register or any other document in its or his custody, the content of which can be proved by the production of a certified copy issued under this act in the prescribed manner or to appear as a witness to prove the matter therein recorded unless by order of the court made for special cause. rules yeardescriptionfiles protection of plant vhrieties and farmers rights rules, .

section 84. of the protection of plant varieties and farmers rights act : show related subordinates any person may, on an application to the authority or the registrar, as the case may be, and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any other document in any proceedings under this act pending before such authority or registrar or may inspect such entry or document.

section 85. of the protection of plant varieties and farmers rights act : the central government shall cause to be placed before both houses of parliament once a year a report regarding the performance of the authority under this act.

section 90., to be public servants. of the protection of plant varieties and farmers rights act : the chairperson, members, officers and other employees of the authority and the registrargeneral and the officers and other employees working under him shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 86. of the protection of plant varieties and farmers rights act : the provisions of this act shall be binding on the government.

section 87. of the protection of plant varieties and farmers rights act : all proceedings before the authority or the registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code 45 of and the authority or the registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 88. of the protection of plant varieties and farmers rights act : no suit, prosecution or other legal proceeding shall lie against the central government, or against the chairperson, or members, or the registrar or any person acting under such government, authority or registrar under the provisions of this act, for anything which is in good faith done or intended to be done in pursuance of this act or any rule, regulation, scheme or order made thereunder.

section 89. of the protection of plant varieties and farmers rights act : no civil court shall have jurisdiction in respect of any matter which the authority or the registrar 1 is empowered by or under this act to determine. 1.the words or the tribunal omitted by act 33 of , s. 23 w.e.f. .

section 91. of the protection of plant varieties and farmers rights act : notwithstanding anything contained in the wealthtax act, 26 of , the incometax act, 43 of , or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the authority shall not be liable to pay wealthtax, incometax or any other tax in respect of its wealth, income, profits or gains derived.

section 92. of the protection of plant varieties and farmers rights act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 93. of the protection of plant varieties and farmers rights act : the central government may give directions to the authority as it may think necessary in the public interest for the execution of all or any of the functions of the authority under any provision of this act or rules and regulations made thereunder.

section 96. of the protection of plant varieties and farmers rights act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the term of office of the chairperson and the manner of filling the post under subsection 6 of section 3 ii the salary and allowances of the chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for nonofficial members for attending the meeting under subsection 8 of section 3 iii the time and place of meetings of the authority and the rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings and the transaction of business of its standing committee appointed under subsection 7 of section 3 under subsection 1 of section 4 iv the control and restriction regarding appointment of the officers and other employees of the authority and the method of such appointment, salary and allowances and other conditions of service under section 6 v the powers and duties of the chairperson under section 7 vi the terms and conditions subject to which and the manner in which the measures referred to in subsection 1 of section 8 may provide for the registration of new extant varieties under clause a of subsection 2 of that section vii the manner for arranging production and sale of the seed under clause e of subsection 2 of section 8 viii the orders by the authority or the registrar as to costs under clause b of section 11 ix the salary and allowances of registrargeneral of plant varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under subsection 3 of section 12 x the matters to be included in the national register of plant varieties under subsection 1 of section 13 xi the manner of authorising a person under clause e of subsection 1 of section 16 xii the fees under clause g and the other particulars under clause i which shall accompany the application under subsection 1 of section 18 xiii the form of application under the proviso to subsection 1 of section 18 xiv the period within which after making application a proof of the right to make the application is to be furnished under subsection 3 of section 18 xv the fees to be deposited by the applicant under subsection 2 of section 19 xvi the manner and method of conducting the tests under subsection 3 of section 19 xvii the manner of advertising application, conditions or limitations and specifications of variety for registration including its photographs or drawings under subsection 1 of section 21 xviii the manner of giving notice and the fees payable therefor under subsection 2 of section 21 xix the manner of sending counterstatement under subsection 4 of section 21 xx the manner of submitting evidence and the time within which such evidence may be submitted under subsection 6 of section 21 xxi the documents and fees under subsection 1 and the tests to be conducted and the procedure to be followed under subsection 3 of section 23 xxii the form of a certificate of registration and the other authority to which a copy thereof shall be sent under subsection 8 of section 23 xxiii the form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under subsection 2 of section 24 xxiv the manner of giving notice to the applicant under subsection 3 of section 24 xxv the fees for review and renewal under subsection 6 of section 24 xxvi the contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under subsection 1 of section 26 xxvii the form for submitting claims of benefit sharing and the fees to be accompanied therewith under subsection 2 of section 26 xxviii the manner in which and the time within which opposition to claims shall be submitted under subsection 3 of section 26 xxix the manner of making reference under subsection 7 of section 26 xxx the manner of making an application for registration for title and the fees to be accompanied therewith under subsection 4 of section 28 xxxi the manner of referring the disputes regarding registration of entitlement under the proviso to subsection 4 of section 28 xxxii the manner to enter into a certificate the brief conditions of entitlement under subsection 5 of section 28 xxxiii the manner of making an application for varying the terms of registration under clause a of subsection 9 of section 28 xxxiv the manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause b of subsection 9 of section 28 xxxv the manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause c of subsection 9 of section 28 xxxvi the manner of application for cancellation of the terms of registration under clause d of subsection 9 of section 28 xxxvii the manner of application for cancellation of the terms of registration under clause e of subsection 9 of section 28 xxxviii the manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee not being the applicant under subsection 10 of section 28 xxxix the manner of giving notice to the registrar under subsection 1 of section 33 xl the manner of notifying to the registered agent or registered licensee under subsection 2 of section 33 xli the period within which the notice of opposition under subsection 3 of section 33 may be given xlii the manner of making application under section 34 xliii the manner of depositing fees under subsection 2 of section 35 xliv the manner of making application under subsection 1 of section 36 xlv the manner of applying to the registrar under subsection 2 of section 36 xlvi the manner of giving notice under subsection 4 of section 36 xlvii the manner of application under subsection 1 of section 37 xlviii the manner of making application under subsection 2 of section 37 xlix the manner to apply to the registrar under subsection 1 of section 38 l the manner of advertising application and to give notice to the registrar, and the time from the date of the advertisement within which a person may give such notice under subsection 2 of section 38 li the manner of advertising the denomination of the variety under subsection 3 of section 38 lii the manner of recognition and reward from gene fund under clause iii of subsection 1 of section 39 liii the manner of claiming compensation and filing of opposition under subsection 2 of section 39 liv the manner of issuing notice and filing objection under subsection 3 of section 41 lv the manner of receiving benefit sharing under clause a of subsection 1 of section 45 lvi the manner of applying gene fund under subsection 2 of section 45 lvii the particulars to be contained in the application under subsection 2 of section 47 lviii the authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50 lix the form for making application under subsection 1 of section 52 lx the period within which an appeal shall be preferred under subsection 1 of section 56 lxi the form of petition and the particulars which such petition shall contain under subsection 2 of section 56 lxii the form for preparing annual statement of accounts under subsection 1 of section 62 lxiii the financial and administrative powers which the chairperson shall exercise under section 63 lxiv the manner of using the denomination of a variety under subsection 1 of section 68 lxv the manner of authorising registered agent or registered licensee under section 81 lxvi the manner of issuing certified copy of content of register or any other document under section 83 lxvii the fees payable for obtaining a certified copy of, or to inspect, any entry in the register or any other document under section 84 lxviii any other matter which is to be, or may be, prescribed or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary for the proper implementation of this act.

section 94. of the protection of plant varieties and farmers rights act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act. 2 every order made under subsection 1 shall be laid before each house of parliament.

section 97. of the protection of plant varieties and farmers rights act : every rule and every regulation and every scheme made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or scheme or both houses agree that the rule or regulation or scheme should not be made, the rule or regulation or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or scheme.

section 95. of the protection of plant varieties and farmers rights act : show related subordinates 1 the authority may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a duties and jurisdiction of the registrars under subsection 4 of section 12 b the term of office and the conditions of service of the registrars under subsection 5 of section 12 c the criteria of distinctiveness, uniformity and stability for registration of extant variety under subsection 2 of section 15 d the manner in which a single and distinct denomination to a variety shall be assigned by the applicant under subsection 1 of section 17 e the matters governing the assignment of denomination to a variety under subsection 2 of section 17 f the time within which the registrar may require the applicant to propose another denomination under subsection 3 of section 17 g the form of application under clause d of subsection 1 of section 18 h the standards for evaluating seed during tests under subsection 1 of section 19 i the quantity of seeds or propagating material including parental line seeds to be deposited by a breeder and the time to be specified under subsection 1 of section 27 j the limitations and conditions subject to which a breeder may authorise a person to produce, sell, market or otherwise deal with variety under subsection 2 of section 28 k the form for authorisation under subsection 3 of section 28.

section 8. of the right to information act : 1 notwithstanding anything contained in this act, there shall be no obligation to give any citizen, a information, disclosure of which would prejudicially affect the sovereignty and integrity of india, the security, strategic, scientific or economic interests of the state, relation with foreign state or lead to incitement of an offence b information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court c information, the disclosure of which would cause a breach of privilege of parliament or the state legislature d information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information e information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information f information received in confidence from foreign government g information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes h information which would impede the process of investigation or apprehension or prosecution of offenders i cabinet papers including records of deliberations of the council of ministers, secretaries and other officers: provided that the decisions of council of ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: provided further that those matters which come under the exemptions specified in this section shall not be disclosed j information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the central public information officer or the state public information officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: provided that the information which cannot be denied to the parliament or a state legislature shall not be denied to any person. 2 notwithstanding anything in the official secrets act, 19 of nor any of the exemptions permissible in accordance with subsection 1, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. 3 subject to the provisions of clauses a, c and i of subsection 1, any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section: provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the central government shall be final, subject to the usual appeals provided for in this act.

section 1. of the right to information act : show related subordinates 1 this act may be called the right to information act, . 2 it extends to the whole of india 1. 3 the provisions of subsection 1 of section 4, subsections 1 and 2 of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the remaining provisions of this act shall come into force on the one hundred and twentieth day of its enactment. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the right to information act : in this act, unless the context otherwise requires, a appropriate government means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly i by the central government or the union territory administration, the central government ii by the state government, the state government b central information commission means the central information commission constituted under subsection 1 of section 12 c central public information officer means the central public information officer designated under subsection 1 and includes a central assistant public information officer designated as such under subsection 2 of section 5 d chief information commissioner and information commissioner mean the chief information commissioner and information commissioner appointed under subsection 3 of section 12 e competent authority means i the speaker in the case of the house of the people or the legislative assembly of a state or a union territory having such assembly and the chairman in the case of the council of states or legislative council of a state ii the chief justice of india in the case of the supreme court iii the chief justice of the high court in the case of a high court iv the president or the governor, as the case may be, in the case of other authorities established or constituted by or under the constitution v the administrator appointed under article 239 of the constitution f information means any material in any form, including records, documents, memos, emails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force g prescribed means prescribed by rules made under this act by the appropriate government or the competent authority, as the case may be h public authority means any authority or body or institution of self government established or constituted a by or under the constitution b by any other law made by parliament c by any other law made by state legislature d by notification issued or order made by the appropriate government, and includes any i body owned, controlled or substantially financed ii nongovernment organisation substantially financed, directly or indirectly by funds provided by the appropriate government i record includes a any document, manuscript and file b any microfilm, microfiche and facsimile copy of a document c any reproduction of image or images embodied in such microfilm whether enlarged or not and d any other material produced by a computer or any other device j right to information means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to i inspection of work, documents, records ii taking notes, extracts or certified copies of documents or records iii taking certified samples of material iv obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device k state information commission means the state information commission constituted under subsection 1 of section 15 l state chief information commissioner and state information commissioner mean the state chief information commissioner and the state information commissioner appointed under subsection 3 of section 15 m state public information officer means the state public information officer designated under subsection 1 and includes a state assistant public information officer designated as such under subsection 2 of section 5 n third party means a person other than the citizen making a request for information and includes a public authority.

section 7. of the right to information act : 1 subject to the proviso to subsection 2 of section 5 or the proviso to subsection 3 of section 6, the central public information officer or state public information officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within fortyeight hours of the receipt of the request. 2 if the central public information officer or state public information officer, as the case may be, fails to give decision on the request for information within the period specified under subsection 1, the central public information officer or state public information officer, as the case may be, shall be deemed to have refused the request. 3 where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the central public information officer or state public information officer, as the case may be, shall send an intimation to the person making the request, giving a the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under subsection 1, requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that subsection b information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms. 4 where access to the record or a part thereof is required to be provided under this act and the person to whom access is to be provided is sensorily disabled, the central public information officer or state public information officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection. 5 where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of subsection 6, pay such fee as may be prescribed: provided that the fee prescribed under subsection 1 of section 6 and subsections 1 and 5 of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate government. 6 notwithstanding anything contained in subsection 5, the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in subsection 1. 7 before taking any decision under subsection 1, the central public information officer or state public information officer, as the case may be, shall take into consideration the representation made by a third party under section 11. 8 where a request has been rejected under subsection 1, the central public information officer or state public information officer, as the case may be, shall communicate to the person making the request, i the reasons for such rejection ii the period within which an appeal against such rejection may be preferred and iii the particulars of the appellate authority. 9 an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

section 3. of the right to information act : subject to the provisions of this act, all citizens shall have the right to information.

section 4. of the right to information act : 1 every public authority shall a maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated b publish within one hundred and twenty days from the enactment of this act, i the particulars of its organisation, functions and duties ii the powers and duties of its officers and employees iii the procedure followed in the decision making process, including channels of supervision and accountability iv the norms set by it for the discharge of its functions v the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions vi a statement of the categories of documents that are held by it or under its control vii the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof viii a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public ix a directory of its officers and employees x the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations xi the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made xii the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes xiii particulars of recipients of concessions, permits or authorisations granted by it xiv details in respect of the information, available to or held by it, reduced in an electronic form xv the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use xvi the names, designations and other particulars of the public information officers xvii such other information as may be prescribed and thereafter update these publications every year c publish all relevant facts while formulating important policies or announcing the decisions which affect public d provide reasons for its administrative or quasijudicial decisions to affected persons. 2 it shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause b of subsection 1 to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this act to obtain information. 3 for the purposes of subsection 1, every information shall be disseminated widely and in such form and manner which is easily accessible to the public. 4 all materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the central public information officer or state public information officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. explanation.for the purposes of subsections 3 and 4, disseminated means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

section 11. of the right to information act : 1 where a central public information officer or a state public information officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the central public information officer or state public information officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the central public information officer or state public information officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party. 2 where a notice is served by the central public information officer or state public information officer, as the case may be, under subsection 1 to a third party in respect of any information or record or part thereof, the third party shall, within ten days from the date of receipt of such notice, be given the opportunity to make representation against the proposed disclosure. 3 notwithstanding anything contained in section 7, the central public information officer or state public information officer, as the case may be, shall, within forty days after receipt of the request under section 6, if the third party has been given an opportunity to make representation under subsection 2, make a decision as to whether or not to disclose the information or record or part thereof and give in writing the notice of his decision to the third party. 4 a notice given under subsection 3 shall include a statement that the third party to whom the notice is given is entitled to prefer an appeal under section 19 against the decision.

section 6. of the right to information act : 1 a person, who desires to obtain any information under this act, shall make a request in writing or through electronic means in english or hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to a the central public information officer or state public information officer, as the case may be, of the concerned public authority b the central assistant public information officer or state assistant public information officer, as the case may be, specifying the particulars of the information sought by him or her: provided that where such request cannot be made in writing, the central public information officer or state public information officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing. 2 an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. 3 where an application is made to a public authority requesting for an information, i which is held by another public authority or ii the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: provided that the transfer of an application pursuant to this subsection shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

section 12. of the right to information act : 1 the central government shall, by notification in the official gazette, constitute a body to be known as the central information commission to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the central information commission shall consist of a the chief information commissioner and b such number of central information commissioners, not exceeding ten, as may be deemed necessary. 3 the chief information commissioner and information commissioners shall be appointed by the president on the recommendation of a committee consisting of i the prime minister, who shall be the chairperson of the committee ii the leader of opposition in the lok sabha and iii a union cabinet minister to be nominated by the prime minister. explanation.for the purposes of removal of doubts, it is hereby declared that where the leader of opposition in the house of the people has not been recognised as such, the leader of the single largest group in opposition of the government in the house of the people shall be deemed to be the leader of opposition. 4 the general superintendence, direction and management of the affairs of the central information commission shall vest in the chief information commissioner who shall be assisted by the information commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the central information commission autonomously without being subjected to directions by any other authority under this act. 5 the chief information commissioner and information commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. 6 the chief information commissioner or an information commissioner shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. 7 the headquarters of the central information commission shall be at delhi and the central information commission may, with the previous approval of the central government, establish offices at other places in india.

section 5. of the right to information act : 1 every public authority shall, within one hundred days of the enactment of this act, designate as many officers as the central public information officers or state public information officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this act. 2 without prejudice to the provisions of subsection 1, every public authority shall designate an officer, within one hundred days of the enactment of this act, at each subdivisional level or other subdistrict level as a central assistant public information officer or a state assistant public information officer, as the case may be, to receive the applications for information or appeals under this act for forwarding the same forthwith to the central public information officer or the state public information officer or senior officer specified under subsection 1 of section 19 or the central information commission or the state information commission, as the case may be: provided that where an application for information or appeal is given to a central assistant public information officer or a state assistant public information officer, as the case may be, a period of five days shall be added in computing the period for response specified under subsection 1 of section 7. 3 every central public information officer or state public information officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information. 4 the central public information officer or state public information officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties. 5 any officer, whose assistance has been sought under subsection 4, shall render all assistance to the central public information officer or state public information officer, as the case may be, seeking his or her assistance and for the purposes of any contravention of the provisions of this act, such other officer shall be treated as a central public information officer or state public information officer, as the case may be.

section 9. of the right to information act : without prejudice to the provisions of section 8, a central public information officer or a state public information officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the state.

section 14. of the right to information act : 1 subject to the provisions of subsection 3, the chief information commissioner or any information commissioner shall be removed from his office only by order of the president on the ground of proved misbehaviour or incapacity after the supreme court, on a reference made to it by the president, has, on inquiry, reported that the chief information commissioner or any information commissioner, as the case may be, ought on such ground be removed. 2 the president may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the chief information commissioner or information commissioner in respect of whom a reference has been made to the supreme court under subsection 1 until the president has passed orders on receipt of the report of the supreme court on such reference. 3 notwithstanding anything contained in subsection 1, the president may by order remove from office the chief information commissioner or any information commissioner if the chief information commissioner or a information commissioner, as the case may be, a is adjudged an insolvent or b has been convicted of an offence which, in the opinion of the president, involves moral turpitude or c engages during his term of office in any paid employment outside the duties of his office or d is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body or e has acquired such financial or other interest as is likely to affect prejudicially his functions as the chief information commissioner or a information commissioner. 4 if the chief information commissioner or a information commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the government of india or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of subsection 1, be deemed to be guilty of misbehaviour.

section 10. of the right to information act : 1 where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this act and which can reasonably be severed from any part that contains exempt information. 2 where access is granted to a part of the record under subsection 1, the central public information officer or state public information officer, as the case may be, shall give a notice to the applicant, informing a that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided b the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based c the name and designation of the person giving the decision d the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit and e his or her rights with respect to review of the decision regarding nondisclosure of part of the information, the amount of fee charged or the form of access provided, including the particulars of the senior officer specified under subsection 1 of section 19 or the central information commission or the state information commission, as the case may be, time limit, process and any other form of access.

section 13. of the right to information act : 1 the chief information commissioner shall hold office 1for such term as may be prescribed by the central government and shall not be eligible for reappointment: provided that no chief information commissioner shall hold office as such after he has attained the age of sixtyfive years. 2 every information commissioner shall hold office 1for such term as may be prescribed by the central government or till he attains the age of sixtyfive years, whichever is earlier, and shall not be eligible for reappointment as such information commissioner: provided that every information commissioner shall, on vacating his office under this subsection be eligible for appointment as the chief information commissioner in the manner specified in subsection 3 of section 12: provided further that where the information commissioner is appointed as the chief information commissioner, his term of office shall not be more than five years in aggregate as the information commissioner and the chief information commissioner. 3 the chief information commissioner or an information commissioner shall before he enters upon his office make and subscribe before the president or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the first schedule. 4 the chief information commissioner or an information commissioner may, at any time, by writing under his hand addressed to the president, resign from his office: provided that the chief information commissioner or an information commissioner may be removed in the manner specified under section 14. 25 the salaries and allowances payable to and other terms and conditions of service of the chief information commissioner and the information commissioners shall be such as may be prescribed by the central government: provided that the salaries, allowances and other conditions of service of the chief information commissioner or the information commissioners shall not be varied to their disadvantage after their appointment: provided further that the chief information commissioner and the information commissioners appointed before the commencement of the right to information amendment act, shall continue to be governed by the provisions of this act and the rules made thereunder as if the right to information amendment act, had not come into force. 6 the central government shall provide the chief information commissioner and the information commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this act, and the salaries and allowances payable to, and the terms and conditions of service of the officers and other employees appointed for the purpose of this act shall be such as may be prescribed. provided also that the salaries, allowances and other conditions of service of the chief information commissioner and the information commissioners shall not be varied to their disadvantage after their appointment. 7 the central government shall provide the chief information commissioner and the information commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this act shall be such as may be prescribed. 1. subs. by act 24 of , s. 2, for for a term of five years from the date on which he enters upon his office w.e.f. . 2. subs. by, s. 2, ibid., for subsection 5 w.e.f. .

section 15. of the right to information act : 1 every state government shall, by notification in the official gazette, constitute a body to be known as the ......... name of the state information commission to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the state information commission shall consist of a the state chief information commissioner, and b such number of state information commissioners, not exceeding ten, as may be deemed necessary. 3 the state chief information commissioner and the state information commissioners shall be appointed by the governor on the recommendation of a committee consisting of i the chief minister, who shall be the chairperson of the committee ii the leader of opposition in the legislative assembly and iii a cabinet minister to be nominated by the chief minister. explanation.for the purposes of removal of doubts, it is hereby declared that where the leader of opposition in the legislative assembly has not been recognised as such, the leader of the single largest group in opposition of the government in the legislative assembly shall be deemed to be the leader of opposition. 4 the general superintendence, direction and management of the affairs of the state information commission shall vest in the state chief information commissioner who shall be assisted by the state information commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the state information commission autonomously without being subjected to directions by any other authority under this act. 5 the state chief information commissioner and the state information commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. 6 the state chief information commissioner or a state information commissioner shall not be a member of parliament or member of the legislature of any state or union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. 7 the headquarters of the state information commission shall be at such place in the state as the state government may, by notification in the official gazette, specify and the state information commission may, with the previous approval of the state government, establish offices at other places in the state.

section 22. of the right to information act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the official secrets act, 19 of , and any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 16. of the right to information act : 1 the state chief information commissioner shall hold office 1for such term as may be prescribed by the central government and shall not be eligible for reappointment: provided that no state chief information commissioner shall hold office as such after he has attained the age of sixtyfive years. 2 every state information commissioner shall hold office 1for such term as may be prescribed by the central government or till he attains the age of sixtyfive years, whichever is earlier, and shall not be eligible for reappointment as such state information commissioner: provided that every state information commissioner shall, on vacating his office under this subsection, be eligible for appointment as the state chief information commissioner in the manner specified in subsection 3 of section 15: provided further that where the state information commissioner is appointed as the state chief information commissioner, his term of office shall not be more than five years in aggregate as the state information commissioner and the state chief information commissioner. 3 the state chief information commissioner or a state information commissioner, shall before he enters upon his office make and subscribe before the governor or some other person appointed by him in that behalf, an oath or affirmation according to the form set out for the purpose in the first schedule. 4 the state chief information commissioner or a state information commissioner may, at any time, by writing under his hand addressed to the governor, resign from his office: provided that the state chief information commissioner or a state information commissioner may be removed in the manner specified under section 17. 25 the salaries and allowances payable to and other terms and conditions of service of the state chief information commissioner and the state information commissioners shall be such as may be prescribed by the central government: provided that the salaries, allowances and other conditions of service of the state chief information commissioner and the state information commissioners shall not be varied to their disadvantage after their appointment: provided further that the state chief information commissioner and the state information commissioners appointed before the commencement of the right to information amendment act, shall continue to be governed by the provisions of this act and the rules made there under as if the right to information amendment act, had not come into force. 6 the state government shall provide the state chief information commissioner and the state information commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this act shall be such as may be prescribed. 1. subs. by act 24 of , s. 3, for, for a term of five years from the date on which he enters upon his office w.e.f. . 2. subs. by act 24 of , s. 3, for subsection 5, w.e.f. .

section 17. of the right to information act : 1 subject to the provisions of subsection 3, the state chief information commissioner or a state information commissioner shall be removed from his office only by order of the governor on the ground of proved misbehaviour or incapacity after the supreme court, on a reference made to it by the governor, has on inquiry, reported that the state chief information commissioner or a state information commissioner, as the case may be, ought on such ground be removed. 2 the governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the state chief information commissioner or a state information commissioner in respect of whom a reference has been made to the supreme court under subsection 1 until the governor has passed orders on receipt of the report of the supreme court on such reference. 3 notwithstanding anything contained in subsection 1, the governor may by order remove from office the state chief information commissioner or a state information commissioner if a state chief information commissioner or a state information commissioner, as the case may be, a is adjudged an insolvent or b has been convicted of an offence which, in the opinion of the governor, involves moral turpitude or c engages during his term of office in any paid employment outside the duties of his office or d is, in the opinion of the governor, unfit to continue in office by reason of infirmity of mind or body or e has acquired such financial or other interest as is likely to affect prejudicially his functions as the state chief information commissioner or a state information commissioner. 4 if the state chief information commissioner or a state information commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the government of the state or participates in any way in the profit thereof or in any benefit or emoluments arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of subsection 1, be deemed to be guilty of misbehaviour.

section 18. of the right to information act : 1 subject to the provisions of this act, it shall be the duty of the central information commission or state information commission, as the case may be, to receive and inquire into a complaint from any person, a who has been unable to submit a request to a central public information officer or state public information officer, as the case may be, either by reason that no such officer has been appointed under this act, or because the central assistant public information officer or state assistant public information officer, as the case may be, has refused to accept his or her application for information or appeal under this act for forwarding the same to the central public information officer or state public information officer or senior officer specified in subsection 1 of section 19 or the central information commission or the state information commission, as the case may be b who has been refused access to any information requested under this act c who has not been given a response to a request for information or access to information within the time limit specified under this act d who has been required to pay an amount of fee which he or she considers unreasonable e who believes that he or she has been given incomplete, misleading or false information under this act and f in respect of any other matter relating to requesting or obtaining access to records under this act. 2 where the central information commission or state information commission, as the case may be, is satisfied that there are reasonable grounds to inquire into the matter, it may initiate an inquiry in respect thereof. 3 the central information commission or state information commission, as the case may be, shall, while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things b requiring the discovery and inspection of documents c receiving evidence on affidavit d requisitioning any public record or copies thereof from any court or office e issuing summons for examination of witnesses or documents and f any other matter which may be prescribed. 4 notwithstanding anything inconsistent contained in any other act of parliament or state legislature, as the case may be, the central information commission or the state information commission, as the case may be, may, during the inquiry of any complaint under this act, examine any record to which this act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds.

section 20. of the right to information act : 1where the central information commission or the state information commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the central public information officer or the state public information officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under subsection 1 of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twentyfive thousand rupees: provided that the central public information officer or the state public information officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: provided further that the burden of proving that he acted reasonably and diligently shall be on the central public information officer or the state public information officer, as the case may be. 2 where the central information commission or the state information commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the central public information officer or the state public information officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under subsection 1 of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the central public information officer or the state public information officer, as the case may be, under the service rules applicable to him.

section 19. of the right to information act : 1 any person who, does not receive a decision within the time specified in subsection 1 or clause a of subsection 3 of section 7, or is aggrieved by a decision of the central public information officer or state public information officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the central public information officer or state public information officer as the case may be, in each public authority: provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 where an appeal is preferred against an order made by a central public information officer or a state public information officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order. 3 a second appeal against the decision under subsection 1 shall lie within ninety days from the date on which the decision should have been made or was actually received, with the central information commission or the state information commission: provided that the central information commission or the state information commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 4 if the decision of the central public information officer or state public information officer, as the case may be, against which an appeal is preferred relates to information of a third party, the central information commission or state information commission, as the case may be, shall give a reasonable opportunity of being heard to that third party. 5 in any appeal proceedings, the onus to prove that a denial of a request was justified shall be on the central public information officer or state public information officer, as the case may be, who denied the request. 6 an appeal under subsection 1 or subsection 2 shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total of fortyfive days from the date of filing thereof, as the case may be, for reasons to be recorded in writing. 7 the decision of the central information commission or state information commission, as the case may be, shall be binding. 8 in its decision, the central information commission or state information commission, as the case may be, has the power to a require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this act, including i by providing access to information, if so requested, in a particular form ii by appointing a central public information officer or state public information officer, as the case may be iii by publishing certain information or categories of information iv by making necessary changes to its practices in relation to the maintenance, management and destruction of records v by enhancing the provision of training on the right to information for its officials vi by providing it with an annual report in compliance with clause b of subsection 1 of section 4 b require the public authority to compensate the complainant for any loss or other detriment suffered c impose any of the penalties provided under this act d reject the application. 9 the central information commission or state information commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority. 10 the central information commission or state information commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

section 23. of the right to information act : no court shall entertain any suit, application or other proceeding in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal under this act.

section 21. of the right to information act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule made thereunder.

section 27. of the right to information act : 1 the appropriate government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the cost of the medium or print cost price of the materials to be disseminated under subsection 4 of section 4 b the fee payable under subsection 1 of section 6 c the fee payable under subsections 1 and 5 of section 7 1ca the term of office of the chief information commissioner and information commissioners under subsections 1 and 2 of section 13 and the state chief information commissioner and state information commissioners under subsections 1 and 2 of section 16 cb the salaries, allowances and other terms and conditions of service of the chief information commissioner and the information commissioners under subsection 5 of section 13 and the state chief information commissioner and the state information commissioners under subsection 5 of section 16 d the salaries and allowances payable to and the terms and conditions of service of the officers and other employees under subsection 6 of section 13 and subsection 6 of section 16 e the procedure to be adopted by the central information commission or state information commission, as the case may be, in deciding the appeals under subsection 10 of section 19 and f any other matter which is required to be, or may be, prescribed. 1. ins. by act 24 of , s. 4, w.e.f. .

section 24. of the right to information act : 1 nothing contained in this act shall apply to the intelligence and security organisations specified in the second schedule, being organisations established by the central government or any information furnished by such organisations to that government: provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this subsection: provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the central information commission, and notwithstanding anything contained in section 7, such information shall be provided within fortyfive days from the date of the receipt of request. 2 the central government may, by notification in the official gazette, amend the schedule by including therein any other intelligence or security organisation established by that government or omitting therefrom any organisation already specified therein and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the schedule. 3 every notification issued under subsection 2 shall be laid before each house of parliament. 4 nothing contained in this act shall apply to such intelligence and security organisation being organisations established by the state government, as that government may, from time to time, by notification in the official gazette, specify: provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this subsection: provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the state information commission and, notwithstanding anything contained in section 7, such information shall be provided within fortyfive days from the date of the receipt of request. 5 every notification issued under subsection 4 shall be laid before the state legislature.

section 25. of the right to information act : 1 the central information commission or state information commission, as the case may be, shall, as soon as practicable after the end of each year, prepare a report on the implementation of the provisions of this act during that year and forward a copy thereof to the appropriate government. 2 each ministry or department shall, in relation to the public authorities within their jurisdiction, collect and provide such information to the central information commission or state information commission, as the case may be, as is required to prepare the report under this section and comply with the requirements concerning the furnishing of that information and keeping of records for the purposes of this section. 3 each report shall state in respect of the year to which the report relates, a the number of requests made to each public authority b the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this act under which these decisions were made and the number of times such provisions were invoked c the number of appeals referred to the central information commission or state information commission, as the case may be, for review, the nature of the appeals and the outcome of the appeals d particulars of any disciplinary action taken against any officer in respect of the administration of this act e the amount of charges collected by each public authority under this act f any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this act g recommendations for reform, including recommendations in respect of the particular public authorities, for the development, improvement, modernisation, reform or amendment to this act or other legislation or common law or any other matter relevant for operationalising the right to access information. 4 the central government or the state government, as the case may be, may, as soon as practicable after the end of each year, cause a copy of the report of the central information commission or the state information commission, as the case may be, referred to in subsection 1 to be laid before each house of parliament or, as the case may be, before each house of the state legislature, where there are two houses, and where there is one house of the state legislature before that house. 5 if it appears to the central information commission or state information commission, as the case may be, that the practice of a public authority in relation to the exercise of its functions under this act does not conform with the provisions or spirit of this act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

section 30. of the right to information act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removal of the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 31. of the right to information act : the freedom of information act, 5 of is hereby repealed.

section 26. of the right to information act : 1 the appropriate government may, to the extent of availability of financial and other resources, a develop and organise educational programmes to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this act b encourage public authorities to participate in the development and organisation of programmes referred to in clause a and to undertake such programmes themselves c promote timely and effective dissemination of accurate information by public authorities about their activities and d train central public information officers or state public information officers, as the case may be, of public authorities and produce relevant training materials for use by the public authorities themselves. 2 the appropriate government shall, within eighteen months from the commencement of this act, compile in its official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in this act. 3 the appropriate government shall, if necessary, update and publish the guidelines referred to in subsection 2 at regular intervals which shall, in particular and without prejudice to the generality of subsection 2, include a the objects of this act b the postal and street address, the phone and fax number and, if available, electronic mail address of the central public information officer or state public information officer, as the case may be, of every public authority appointed under subsection 1 of section 5 c the manner and the form in which request for access to an information shall be made to a central public information officer or state public information officer, as the case may be d the assistance available from and the duties of the central public information officer or state public information officer, as the case may be, of a public authority under this act e the assistance available from the central information commission or state information commission, as the case may be f all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this act including the manner of filing an appeal to the commission g the provisions providing for the voluntary disclosure of categories of records in accordance with section 4 h the notices regarding fees to be paid in relation to requests for access to an information and i any additional regulations or circulars made or issued in relation to obtaining access to an information in accordance with this act. 4 the appropriate government must, if necessary, update and publish the guidelines at regular intervals.

section 28. of the right to information act : 1 the competent authority may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the cost of the medium or print cost price of the materials to be disseminated under subsection 4 of section 4 ii the fee payable under subsection 1 of section 6 iii the fee payable under subsection 1 of section 7 and iv any other matter which is required to be, or may be, prescribed.

section 29. of the right to information act : 1 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2 every rule made under this act by a state government shall be laid, as soon as may be after it is notified, before the state legislature.

section 8. of the prisoners act : where any person is sentenced by the high court in the exercise of its original criminal jurisdiction to transportation 1 the court shall cause him to be delivered for intermediate custody to the superintendent, and the transportation 1 of such person shall be deemed to commence from such delivery. 1. the words or penal servitude, omitted by act 17 of . s. 4.

section 1. of the prisoners act : 1 this act may be called the prisoners act, 12 it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. 3 3 state amendment maharashtra. amendment of section 1 of act iii of .in the prisoners act, , in the application to the state of bombay, in subsection 2 of section 1, after the words and letter comprised in part b states the words other than the hyderabad and saurashtra areas of the state of bombay shall be added. vide bombay act xv of , s. 4 1. bihar by bihar act 23 of . 2. madras by madras act 11 of . 3.bombay by bombay act 15 of when notified.

section 2. of the prisoners act : in this act, unless there is anything repugnant in the subject or context, a court includes a coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction and b prison includes any place which has been declared by the state government, by general or special order, to be a subsidiary jail. 1c states means the territories to which this act extends. 1. n.e.p.a. by reg. 3 of , s. 3 and the schedule. the act has been extended to

section 4., after execution or discharge. of the prisoners act : the officer in charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid other than a warrant of commitment for trial, or after the discharge of the person committed thereby, return such writ, order or warrant to the court by which the same was issued or made, together with a certificate, endorsed thereon and signed by him, showing how the same has been executed, or why the person committed thereby has been discharged from custody before the execution thereof.

section 9. of the prisoners act : where any person is committed by the high court, whether in execution of a decree or for contempt of court or for any other cause, the court shall cause him to be delivered to the superintendent, together with its warrant of commitment.

section 7. of the prisoners act : where any person is sentenced by the high court in the exercise of its original criminal jurisdiction to imprisonment or to death, the court shall cause him to be delivered to the superintendent together with its warrant, and such warrant shall be executed by the superintendent and returned by him to the high court when executed.

section 3. of the prisoners act : the officer in charge of a prison shall receive and detain all persons duly committed to his custody, under this act or otherwise, by any court, according to the exigency of any writ, warrant or order by which such person has been committed, or until such person is discharged or removed in due course of law.

section 10. of the prisoners act : where any person is sentenced by a presidency magistrate to imprisonment, or is committed to prison for failure to find security to keep the peace or to be of good behavior, the magistrate shall cause him to be delivered to the superintendent, together with his warrant.

section 11. of the prisoners act : every person committed by a magistrate, 1or justice of the peace for trial by the high court in the exercise of its original criminal jurisdiction shall be delivered to the superintendent, together with a warrant of commitment, directing the superintendent to produce such person before the court for trial and the superintendent shall, as soon as practicable, cause such person to be taken before the court at a criminal session thereof, together with the warrant of commitment, in order that he may be dealt with according to law. 1. subs. by act 4 of , s. 13, for justice of the peace, or coroner.

section 6. of the prisoners act : the state government may appoint officers who shall have authority to receive and detain prisoners committed to their custody under this part. explanation.any officer so appointed, by whatever designation he may be styled, is hereinafter referred to as the superintendent.

section 5., to be directed to policeofficers. of the prisoners act : every writ or warrant for the arrest of any person issued by the high court in the exercise of its ordinary, extraordinary or other criminal jurisdiction shall be directed to and executed by a police officer within the local limits of such jurisdiction.

section 14., to be construed as referring also to reformatory schools. of the prisoners act : in this part all references to prisons or to imprisonment or confinement shall be construed as referring also to reformatory schools or to detention therein.

section 16. of the prisoners act : a warrant under the official signature of an officer of such court or tribunal as is referred to in section 15 shall be sufficient authority for holding any person in confinement, or for sending any person for transportation, in pursuance of the sentence passed upon him.

section 12. of the prisoners act : the high court may, pending the hearing, under section 350 of the code of civil procedure 14 of , 1 of any application for a declaration of insolvency, cause the judgmentdebtor concerned to be delivered to the superintendent, subject to the provisions as to release on security of 1 section 349 of the said code, and the superintendent shall detain the said judgmentdebtor in safe custody until he is redelivered to an officer of the high court for the purpose of being taken before it in pursuance of its order, or until he is released in due course of law. 1. this reference should be constrained as applying to the provincial insolvency act, 5 of , see s. 83 2 of that act.

section 20.. of the prisoners act : enactments respecting persons under sentence of transportation or imprisonment with hard labour applied to persons under sentence of penal servitude. omitted by s. 4, ibid.

section 13. of the prisoners act : 1 every person arrested in pursuance of a writ, warrant or order of the high court in the exercise of its original civil jurisdiction, or in pursuance of a warrant of any civil court established in a presidencytown under any law or enactment for the time being in force, or in pursuance of a warrant issued under section 5, shall be brought without delay before the court by which, or by a judge of which, the writ, warrant or order was issued, awarded or made, or before a judge thereof, if the said court, or a judge thereof is then sitting for the exercise of original jurisdiction. 2 if the said court, or a judge thereof, is not then sitting for the exercise of original jurisdiction, such person arrested as aforesaid shall, unless a judge of the said court otherwise directs, be delivered to the superintendent for intermediate custody, and shall be brought before the said court, or a judge thereof, at the next sitting of the said court, or of a judge thereof, for the exercise of original jurisdiction in order that such person may be dealt with according to law and the said court or judge shall have power to make or award all necessary orders or warrants for that purpose.

section 21.. of the prisoners act : power to grant license to person sentenced to penal servitude. omitted by s. 4, ibid.

section 15. of the prisoners act : 1 15. power for officers in charge of prisons to give effect to sentences of certain courts. 1 officers in charge of prisons outside the presidency towns may give effect to any sentence or order or warrant for the detention of any person passed or issued a by any court or tribunal acting, whether within or without the states under the general or special authority of the central government, or of any state government, or of the government of burma, or by any court or tribunal, which was before the commencement of the constitution acting under the general or special authority of his majesty, or of the crown representative or b before the 26th january, , by any court or tribunal in any indian state i if the presiding judge, or if the court or tribunal consisted of two or more judges, at least one of the judges, was an officer of the crown authorised to sit as such judge by the state or the ruler thereof or by the central government or the crown representative and ii if the reception, detention or imprisonment in any province of india of persons sentenced by any such court or tribunal had been authorised by general or special order by the state government : or 2 provided that effect shall not be given to any sentence or order or warrant for detention passed or issued by any court or tribunal in burma without the previous sanction of the state government concerned. 2 where a court or tribunal of such an indian state as aforesaid had passed a sentence which could not have been executed without the concurrence of an officer of the crown, and such sentence had been considered on the merits and confirmed by any such officer specially authorised in that behalf, such sentence, and any order or warrant issued in pursuance thereof, shall be deemed to be the sentence, order or warrant of a court or tribunal acting under the authority of the central government or the crown representative. 1. subs. by the a.o. , for section 15. 2. clause c omitted the adaptation of laws no. 2 order, .

section 22.. of the prisoners act : licensee to be allowed to go at large. omitted by s. 4 ibid.

section 18. of the prisoners act : 1 where a 1court established by the authority of the central government exercising, in or with respect to territory beyond the limits of the states, jurisdiction which 2the 3central government has in such territory, a has sentenced any person to death, and b being of opinion that such sentence should, by reason of there being in such territory no secure place for the confinement of such person or no suitable appliances for his execution in a decent and humane manner, be executed in the states has issued its warrant for the execution of such sentence to the officer in charge of a prison in the states, such officer shall, on receipt of the warrant, cause the execution to be carried out at such place as may be prescribed therein in the same manner and subject to the same conditions in all respects as if it were a warrant duly issued under the provisions of section 381 of the code of criminal procedure, 5 of . 2 the prisons of which the officers in charge are to execute sentences under any such warrants as aforesaid 4shall in each state be such as the state government may, by general or special order, direct. 5 1. subs. by the a.o., for british court. 2. subs. by the a.o., for the g. g. in c.. 3. subs. by the a.o., for crown. 4. subs. by the a.o. , for shall be such as the g. g. in c. or a l. g. authorized by the g. g. in c. in this behalf. 5. subsection 3 and the proviso thereto omitted by the a.o. .

section 17. of the prisoners act : 1 where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution under this part, or the competency of the person whose official seal or signature is affixed thereto to pass the sentence and issue the warrant or order, he shall refer the matter to the state government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner. 2 pending a reference made under subsection 1, the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.

section 19.. of the prisoners act : persons under sentence of penal servitude how to be dealt with. omitted by s. 4, ibid.

section 23.. of the prisoners act : apprehension of convict where license revoked. omitted by s. 4 ibid.

section 30. of the prisoners act : 1 where it appears to the state government that any person detained or imprisoned under any order or sentence of any court is of unsound mind, the state government may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the state, there to be kept and treated as the state government directs during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned, or, if on the expiration of that term it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law. 2 where it appears to the state government that the prisoner has become of sound mind, the state government shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within the state, or, if the prisoner is no longer liable to be kept in custody, order him to be discharged. 3 the provisions of section 9 of the 1lunatic asylums act, 36 of , shall apply to every person confined in a lunatic asylum under subsection 1 after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned, and the time during which a prisoner is confined in a lunatic asylum under that subsection shall he reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the court to undergo. 2 4 in any case in which the state government is competent under subsection 1 to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the state, the state government may order his removal to any such asylum or place within any other state or within 3 any part of india to which this act does not extend by agreement with the state government of such other state4 and the provisions of this section respecting the custody, detention, remand and discharge of a prisoner removed under subsection 1 shall, so far as they can be made applicable apply to a prisoner removed under this subsection. 1. see now the indian lunacy act, 4 of . 2. subs. by act 38 of , s. 2 and the first schedule, for subsection 4. 3. subs. by the adaptation of laws no. 2 order, , for any part b state. 4. the words or with such state or the ruler thereof, as the case may be omitted, ibid.

section 24.. of the prisoners act : execution of warrant.omitted by the criminal law removal of racial discriminations act, 17 of . s. 4.

section 25.. of the prisoners act : licensee when arrested to be brought up for recommitment. omitted by s. 4, ibid

section 26.. of the prisoners act : recommitment. omitted by s. 4, ibid.

section 27.. of the prisoners act : penalty for breach of condition of the license. omitted by s. 4, ibid.

section 28., to be construed as referring also to reformatory schools. of the prisoners act : in this part, all references to prisons or to imprisonment or confinement shall be construed as referring also to reformatory schools or to detention therein.

section 29. of the prisoners act : 1 29. removal of prisoners.1 the 2 state government may, by general or special order. provide for the removal of any prisoner confined in a prison a under sentence of death, or b under, or in lieu of, a sentence of imprisonment or transportation, or c in default of payment of a fine, or d in default of giving security for keeping the peace or for maintaining good behavior, to any other prison in 3 the state 4 . 2 5 subject to the orders, and under the control, of the state government the inspectorgeneral of prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the state to any other prison in the state 6 . 1. subs. by act 1 of , s. 3 and the second schedule for section 29. 2. subs. by the a.o. , for g. g. in c.. 3. subs. by the a.o. , for british india or to any prison in berar. the words or to any prison in berar had been added by act 17 of . s. 2. 4. the words or, with the consent of the state government concerned, to any prison in any other state omitted by act 29 of , s. 4. 5. subs. by the a. o. , for the l. g., and subject to its orders and under its control. 6. the words or, in the case of prisoner so confined in a prison in the c. p., for his removal to any other prison in the province or to any prison in berar, which had been added by act 17 of , s. 2 were omitted by the a. o. .

section 31.. of the prisoners act : removal of prisoners from territories under one local government to territories under another. repealed by the amending act, 1 of , s. 4 and the third schedule.

section 38.. of the prisoners act : order to be transmitted through magistrate of the district or subdivision in which person is confined. repealed by s. 10, ibid.

section 32. of the prisoners act : 1 1 the 2 state government may appoint places within 3 the state to which persons under sentence of transportation shall be sent and the 2 state government, or some officer duly authorised in this behalf by the 2 state government, shall give orders for the removal of such persons to the places so appointed, except when sentence of transportation is passed on a person already undergoing transportation under a sentence previously passed for another offence. 4 2 in any case in which the state government is competent under subsection 1 to appoint places within the states and to order the removal thereto of persons under sentence of transportation, the state government may appoint such places in any other state by agreement with state government of that state, and may by like agreement give orders or duly authorise some officer to give orders for the removal thereto of such persons. 1. section 32 was renumbered as subsection 1 of that section by act 38 of , s. 2 and the first schedule. 2. subs. by s. 2, and the first schedule, pt. i, ibid., for g.g. in c. 3. subs. by s. 2 and the first schedule, pt. i, ibid., for british india. 4. ins. by s. 2 and the first schedule, ibid.

section 33. of the prisoners act : 1 any high court may, in any case in which it has recommended to 2 government the granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance. 1. subs. by the adaptation of laws no. 2 order, for any court which is a high court for a part a state. 2. subs. by the a.o. for her majesty.

section 34.. of the prisoners act : references in this part to prisons, etc., to be construed as referring also to reformatory schools. repealed by s. 10, ibid.

section 35.. of the prisoners act : power of civil courts to require appearance of prisoner to give evidence. repealed by s. 10, ibid.

section 36.. of the prisoners act : district judge in certain cases to countersign orders made under section 35. repealed by s. 10, ibid.

section 37.. of the prisoners act : power for certain criminal courts to require attendance of prisoner to give evidence or answer to charge. repealed by s. 10, ibid.

section 39.. of the prisoners act : procedure where removal is desired of person confined in presidencytown or more than one hundred miles from place where evidence is required. repealed by s. 10, ibid.

section 40.. of the prisoners act : persons confined beyond limits of appellate jurisdiction of high court. repealed by s. 10, ibid.

section 45.. of the prisoners act : commissions for examination of prisoners beyond limits of appellate jurisdiction of high court. repealed by s. 10, ibid.

section 41.. of the prisoners act : prisoner to be brought up. repealed by s. 10, ibid.

section 46.. of the prisoners act : commission how to be directed. repealed by s. 10, ibid.

section 42.. of the prisoners act : power to government to exempt certain prisoners from operation of this part. repealed by s. 10, ibid.

section 43.. of the prisoners act : officer in charge of prison when to abstain from carrying out orders. repealed by s. 10, ibid.

section 47.. of the prisoners act : process how served on prisoners. repealed by s. 10, ibid.

section 44.. of the prisoners act : commissions for examination of prisoners. repealed by s. 10, ibid.

section 53.. of the prisoners act : repeals. repealed by the repealing and amending act, 10 of , s. 3 and the second schedule.

section 48.. of the prisoners act : process served to be transmitted at prisoners request. repealed by s. 10, ibid.

section 49.. of the prisoners act : application of part in certain cases. repealed by s. 10, ibid.

section 52.. of the prisoners act : power to declare who shall be deemed officer in charge of prison. repealed by s.10, ibid.

section 51.. of the prisoners act : power to make rules under this part. repealed by the prisoners attendance in courts act, 32 of , s.10.

section 50.. of the prisoners act : deposit of costs. repealed by s. 10, ibid.

section 8. of the energy conservation act : show related subordinates 1 subject to any regulations made in this behalf, the bureau shall, within six months from the date of commencement of this act, constitute advisory committees for the efficient discharge of its functions. 2 each advisory committee shall consist of a chairperson and such other members as may be determined by regulations. 3 without prejudice to the powers contained in subsection 1, the bureau may constitute, such number of technical committees of experts for the formulation of energy consumption standards or norms in respect of equipment or processes, as it considers necessary.

section 1. of the energy conservation act : 1 this act may be called the energy conservation act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 28th june, sections 31, 33, 44, 45, vide notification no. s. o. e, dated 28th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the energy conservation act : the central government shall remove a member referred to in clauses o, p and q of subsection 2 of section 4 from office if he a is, or at any time has been, adjudicated as insolvent b is of unsound mind and stands so declared by a competent court c has been convicted of an offence which, in the opinion of the central government, involves a moral turpitude d has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

section 2. of the energy conservation act : in this act, unless the context otherwise requires, a accredited energy auditor means 1an energy auditor accredited in accordance with the provisions of clause p of subsection 2 of section 13 b appellate tribunal means the appellate tribunal for energy conservation 2referred to in section 30 34 c buildingmeans any structure or erection or part of structure or erection i constructed after the rules relating to energy conservation and sustainable building codes have been notified by the central government under clause p of section 14 and by the state government under clause a of section 15 ii which has a minimum connected load of 100 kilowatt kw or contract demand of 120 kilovolt ampere kva and iii which is used or intended to be used for commercial purpose or as an office building or for residential purpose: provided that the state government may specify a lower connected load or contract demand than the load or demand specified above d bureau means the bureau of energy efficiency established under subsection 1 of section 3 5 da carbon credit certificate means the certificate issued by the central government or any agency authorised by it under section 14aa db carbon credit trading scheme means the scheme for reduction of carbon emissions notified by the central government under clause w of section 14 e chairperson means the chairperson of the governing council f designated agency means any agency designated under clause d of section 15 g designated consumer means any consumer specified under clause e of section 14 6 h energy means any form of energy derived from fossil fuels or nonfossil sources or renewable sources i energy audit means the verification, monitoring and analysis of use of energy including submission of technical report containing recommendations for improving energy efficiency with cost benefit analysis and an action plan to reduce energy consumption 7 ia energy auditor means any individual possessing the qualifications prescribed under clause m of section 14 8j energy conservation and sustainable building code means the code which provides norms and standards for energy efficiency and its conservation, use of renewable energy and other green building requirements for a building k energy consumption standards means the norms for process and energy consumption standards specified under clause a of section 14 l energy management centre means the energy management centre set up under the resolution of the government of india in the erstwhile ministry of energy, department of power no. 72/87 epvol. iv, dated the 5th july, and registered under the societies registration act, 21 of m energy manager means any individual possessing the qualifications prescribed under clause m of section 14 9ma energy savings certificate means any energy savings certificate issued to the designated consumers under subsection 1 of section 14a maa equipment or appliance means any equipment or appliance which consumes, generates, transmits or supplies energy and includes any device that consumes any form of energy and produces a desired work n governing council means the governing council referred to in section 4 o member means the member of the governing council and includes the chairperson p notification means a notification in the gazette of india or, as the case may be, the official gazette of a state q prescribed means prescribed by rules made under this act 10 qa registered entity means any entity, including designated consumers, registered for carbon credit trading scheme specified under clause w of section 14 r regulations means regulations made by the bureau under this act s schedule means the schedule to this act t state commission means the state electricity regulatory commission established under subsection 1 of section 17 of the electricity regulatory commissions act, 14 of 11 ta vehicle shall have the same meaning as assigned to it in clause 28 of section 2 of the motor vehicles act, 59 of tb vessel includes every description of water craft used or capable of being used in inland waters or in coastal waters, including any ship, boat, sailing vessel, tug, barge or other description of vessel including nondisplacement craft, amphibious craft, winginground craft, ferry, rollonrolloff vessel, container vessel, tanker vessel, gas carrier or floating unit or dumb vessel used for transportation, storage or accommodation within or through inland waters and coastal waters . u words and expressions used and not defined in this act but defined in the indian electricity act, 9 of or the electricity supply act, 54 of or the electricity regulatory commissions act, 14 of shall have the meanings respectively assigned to them in those acts. 1. subs. by act 28 of s. 2, for an auditor possessing qualifications specified under w.e.f. . 2. subs. by s. 2, ibid., for established under section 30 w.e.f. . 3. subs. by s. 2, ibid., for clause c w.e.f. . 4. subs. by act 19 of , s. 2, for clause c w.e.f. . 5. ins. by s. 2, ibid. w.e.f. . 6. subs. by s. 2, ibid. for clause h w.e.f. . 7. ins. by s. 2, ibid. w.e.f. . 8. subs. by s. 2, ibid., for clause j w.e.f. . 9. ins. by act 28 of , s. 2 w.e.f. . 10. ins. by act 19 of , s. 2, w.e.f. . 11. ins. by s. 2, ibid. w.e.f. .

section 4. of the energy conservation act : show related subordinates 1 the general superintendence, direction and management of the affairs of the bureau shall vest in the governing council which shall consist of not less than 1thirtyone, but not exceeding thirtyseven, members to be appointed by the central government.. 2 the governing council shall consist of the following members, namely: a the minister in charge of the ministry or department of the central government dealing with the power ex officio chairperson b the secretary to the government of india, in charge of the ministry or department of the central government dealing with the power ex officio member c the secretary to the government of india, in charge of the ministry or department of the central government dealing with the petroleum and natural gas ex officio member d the secretary to the government of india, in charge of the ministry or department of the central government dealing with the coal ex officio member e the secretary to the government of india, in charge of the ministry or department of the central government dealing with the nonconventional energy sources ex officio member f the secretary to the government of india, in charge of the ministry or department of the central government dealing with the atomic energy ex officio member g the secretary to the government of india, in charge of the ministry or department of the central government dealing with the consumer affairs ex officio member 2 ga the secretary to the government of india, in charge of the ministry or department of the central government dealing with the environment, forest and climate changeex officio member gb the secretary to the government of india, in charge of the ministry or department of the central government dealing with the housing and urban affairsex officio member gc the secretary to the government of india, in charge of the ministry or department of the central government dealing with the road transport and highwaysex officio member gd the secretary to the government of india, in charge of the ministry or department of the central government dealing with the steelex officio member ge the secretary to the government of india, in charge of the ministry or department of the central government dealing with the civil aviationex officio member gf the secretary to the government of india, in charge of the ministry or department of the central government dealing with the ports, shipping and waterwaysex officio member gg member of the railway board in charge of energy, ministry of railwaysex officio member h chairman of the central electricity authority established under the electricity supply act, 54 of ex officio member i directorgeneral of the central power research institute registered under the karnataka societies act, karnataka act 17 of ex officio member j executive director of the petroleum conservation research association, a society registered under the societies registration act, xxi of ex officio member k chairmancummanaging director of the central mine planning and design institute limited, a company incorporated under the companies act, 1 of ex officio member l directorgeneral of the bureau of indian standards established under the bureau of indian standards act, 63 of ex officio member m directorgeneral of the national test house, department of supply, ministry of commerce and industry, kolkata ex officio member 3 ma directorgeneral of the national productivity council, department for promotion of industry and internal trade, ministry of commerce and industryex officio member n managing director of the indian renewable energy development agency limited, a company incorporated under the companies act, 1 of ex officio member 4o one official each from the energy or power department of the five states from the five power regions, not below the rank of principal secretary to the state government, to be appointed by the central governmentmember 5p such number of persons, not exceeding seven, as may be prescribed, to be appointed by the central government as members, from amongst persons who, in the opinion of the central government, are experts or capable of representing industry, equipment and appliance manufacturers, architects, institutes and consumersmember q such number of persons, not exceeding two as may be nominated by the governing council as members member r directorgeneral of bureau ex officio membersecretary. 3 the governing council may exercise all powers and do all acts and things which may be exercised or done by the bureau. 4 every member referred to in clauses o, p and q of subsection 2 shall hold office for a term of three years from the date on which he enters upon his office. 5 the fee and allowances to be paid to the members referred to in clauses o, p and q of subsection 2 and the manner of filling up of vacancies and the procedure to be followed in the discharge of their functions shall be such as may be prescribed. 1. subs. by act 19 of , s. 3, for twenty, but not exceeding twentysix w.e.f. . 2. ins. by s. 3, ibid, w.e.f. . 3. ins. by s. 3, ibid, w.e.f. . 4. subs. by s. 3, ibid., for clause o w.e.f. . 5. subs. by s. 3, ibid., for clause p w.e.f. .

section 9. of the energy conservation act : show related subordinates 1 the central government shall, by notification, appoint a directorgeneral from amongst persons of ability and standing, having adequate knowledge and experience in dealing with the matters relating to energy production, supply and energy management, standardisation and efficient use of energy and its conservation. 2 the central government shall, by notification, appoint any person not below the rank of deputy secretary to the government of india as secretary of the bureau. 3 the directorgeneral shall hold office for a term of 1five years from the date on which he enters upon his office or until he attains the age of sixty years, whichever is earlier. 4 the salary and allowances payable to the directorgeneral and other terms and conditions of his service and other terms and conditions of service of the secretary of the bureau shall be such as may be prescribed. 5 subject to general superintendence, direction and management of the affairs by the governing council, the directorgeneral of the bureau shall be the chief executive authority of the bureau. 6 the directorgeneral of the bureau shall exercise and discharge such powers and duties of the bureau as may be determined by regulations. 1 subs. by act 28 of s. 3, for three years w.e.f. .

section 3. of the energy conservation act : show related subordinates 1 with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, a bureau to be called the bureau of energy efficiency. 2 the bureau shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 3 the head office of the bureau shall be at delhi. 4 the bureau may establish offices at other places in india.

section 10. of the energy conservation act : show related subordinates 1 1the bureau may appoint such other officers and employees in the bureau as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of service of officers and other employees of the bureau appointed under subsection 1 shall be such as may be prescribed. 1. subs. by s. 4, ibid., for the central government w.e.f. .

section 12. of the energy conservation act : 1 on and from the date of establishment of the bureau a any reference to the energy management centre in any law other than this act or in any contract or other instrument shall be deemed as a reference to the bureau b all properties and assets, movable and immovable of, or belonging to, the energy management centre shall vest in the bureau c all the rights and liabilities of the energy management centre shall be transferred to, and be the rights and liabilities of, the bureau d without prejudice to the provisions of clause c, all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the energy management centre immediately before that date, for or in connection with the purposes of the said centre shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the bureau e all sums of money due to the energy management centre immediately before that date shall be deemed to be due to the bureau f all suits and other legal proceedings instituted or which could have been instituted by or against the energy management centre immediately before that date may be continued or may be instituted by or against the bureau and g every employee holding any office under the energy management centre immediately before that date shall hold his office in the bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the bureau had not been established and shall continue to do so as an employee of the bureau or until the expiry of six months from that date if such employee opts not to be the employee of the bureau within such period. 2 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the absorption of any employee by the bureau in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other authority.

section 5. of the energy conservation act : show related subordinates 1 the governing council shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings as may be provided by regulations. 2 the chairperson or, if for any reason, he is unable to attend a meeting of the governing council, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the governing council shall be decided by a majority vote of the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding, shall have a second or casting vote.

section 6., not to invalidate proceedings of bureau, governing council or committee. of the energy conservation act : no act or proceeding of the bureau or the governing council or any committee shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the bureau or the governing council or the committee or b any defect in the appointment of a person acting as a directorgeneral or secretary of the bureau or a member of the governing council or the committee or c any irregularity in the procedure of the bureau or the governing council or the committee not affecting the merits of the case.

section 13a. of the energy conservation act : 113a. prohibition of use of deceptive name, etc.1 no person shall, without previous permission of the bureau, use any name which so nearly resembles the name of the bureau as to deceive or likely to deceive the public. 2 notwithstanding anything contained in any other law for the time being in force, no registering authority shall register any company, firm or other body of persons which bears any name or mark resembling the name of the bureau. 1. ins. by act 19 of , s. 5 w.e.f. .

section 14a.issuance of energy savings certificate of the energy conservation act : show related subordinates 114a. power of central government to 1 issuance of energy savings certificate.1 the central government 3 or any agency authorised by it may issue the energy savings certificate to the designated consumer whose energy consumption is less than the prescribed norms and standards in accordance with the procedure as may be prescribed. 2 the designated consumer whose energy consumption is more than the prescribed norms and standards shall be entitled to purchase the energy savings certificate to comply with the prescribed norms and standards. 4provided that any other person may also purchase energy saving certificate or carbon credit certificate on voluntary basis. 1. ins. by act 28 of , s. 7, w.e.f. . 2. subs. act 19 of , s. 7, for the marginal heading issue energy savings certificate w.e.f. . 3. ins. by s. 7, ibid. w.e.f. . 4. ins. by s. 7, ibid. w.e.f. .

section 11. of the energy conservation act : show related subordinates all orders and decisions of the bureau shall be authenticated by the signature of the directorgeneral or any other officer of the bureau authorised by the directorgeneral in this behalf.

section 13. of the energy conservation act : show related subordinates 1 the bureau shall, effectively coordinate with designated consumers, designated agencies and other agencies, recognise and utilise the existing resources and infrastructure, in performing the functions assigned to it by or under this act. 2 the bureau may perform such functions and exercise such powers as may be assigned to it by or under this act and in particular, such functions and powers include the function and power to a recommend to the central government the norms for processes and energy consumption standards required to be notified under clause a of section 14 1aa recommend to the central government for issuing of the energy savings certificate under section 14a b recommend to the central government the particulars required to be displayed on label on equipment or on appliances and manner of their display under clause d of section 14 c recommend to the central government for notifying any user or class of users of energy as a designated consumer under clause e of section 14 d take suitable steps to prescribe guidelines for energy conservation building codes under clause p of section 14 e take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation f arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation g strengthen consultancy services in the field of energy conservation h promote research and development in the field of energy conservation i develop testing and certification procedure and promote testing facilities for certification and testing for energy consumption of equipment and appliances j formulate and facilitate implementation of pilot projects and demonstration projects for promotion of efficient use of energy and its conservation k promote use of energy efficient processes, equipment, devices and systems l promote innovative financing of energy efficiency projects m give financial assistance to institutions for promoting efficient use of energy and its conservation n levy fee, as may be determined by regulations, for services provided for promoting efficient use of energy and its conservation o maintain a list of accredited energy auditors as may be specified by regulations 2p specify, by regulations, the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation q specify, by regulations, the manner and intervals of time in which the energy audit shall be conducted r specify, by regulations, certification procedures for 3energy auditors and energy managers to be designated or appointed by designated consumers s prepare educational curriculum on efficient use of energy and its conservation for educational institutions, boards, universities or autonomous bodies and coordinate with them for inclusion of such curriculum in their syllabus 1sa conduct examination for capacity building and strengthening of services in the field of energy conservation including certification of energy managers and energy auditors t implement international cooperation programmes relating to efficient use of energy and its conservation as may be assigned to it by the central government u perform such other functions as may be prescribed. 1. ins. by act of 28 of , s. 5 w.e.f. . 2. subs. by s. 5, ibid., for clause p w.e.f. . 3. subs. by s. 5, ibid., for energy managers w.e.f. .

section 14. of the energy conservation act : show related subordinates the central government may, by notification, in consultation with the bureau, a specify the norms for processes and energy consumption standards for any equipment, 1 appliance, vehicle, vessel, industrial unit, building or establishment which consumes, generates, transmits or supplies energy b specify equipment or appliance 2 or vehicle, vessel, industrial unit, building or establishment or class of equipments or appliances, as the case may be, for the purposes of this act 3c prohibit manufacture or import of any equipment or appliance or vehicle or vessel specified under clause b, unless it conforms to energy consumption standards specified under clause a: provided that an industrial unit specified under clause b shall close its operations unless it conforms to the norms for processes or energy consumption standards specified under clause a: provided further that from the date of notification of norms for processes and energy consumption standards under clause a, no notification prohibiting such manufacture or import shall be issued i within a period of six months in the case of equipment or appliance or vehicle or vessel and ii within a period of two years for closure of industrial unit: provided also that the central government may, having regard to the market share and the technological development having impact on equipment or appliance or vehicle or vessel, and for reasons to be recorded in writing, extend the said period of six months referred to above, by a further period not exceeding six month d direct display of such particulars on label on equipment or on appliance specified under clause b and in such manner as may be specified by regulations e specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, 4any user or class of users of energy in the energy intensive industries and other establishments as specified in the schedule as a designated consumer for the purposes of this act f alter the list of energy intensive industries 5and other establishments specified in the schedule g establish and prescribe such energy consumption norms and standards for designated consumers as it may consider necessary: provided that the central government may prescribe different norms and standards for different designated consumers having regard to such factors as may be prescribed h direct, having regard to quantity of energy consumed or the norms and standards of energy consumption specified under clause a, the energy intensive industries 6and other establishments specified in the schedule to get energy audit conducted by an accredited energy auditor in such manner and intervals of time as may be specified by regulations i direct, if considered necessary for efficient use of energy and its conservation, any designated consumer to get energy audit conducted by an accredited energy auditor j specify the matters to be included for the purposes of inspection under subsection 2 of section 17 k direct any designated consumer to furnish to the designated agency, in such form and manner and within such period, as may be prescribed, the information with regard to the energy consumed and action taken on the recommendation of the accredited energy auditor l direct any designated consumer to designate or appoint 7energy auditor or energy manager in charge of activities for efficient use of energy and its conservation and submit a report, in the form and manner as may be prescribed, on the status of energy consumption at the end of every financial year to the designated agency m prescribe minimum qualification for 8energy auditors and energy managers to be designated or appointed under clause l n direct every designated consumer to comply with energy consumption norms and standards o direct any designated consumer, who does not fulfil the energy consumption norms and standards prescribed under clause g, to prepare a scheme for efficient use of energy and its conservation and implement such scheme keeping in view the economic viability of the investment in 9such form, the time within which and the manner as may be prescribed p prescribe 9energy conservation and sustainable building codes for efficient use of energy and its conservation in the building or building complex q amend the 9energy conservation and sustainable building codes to suit the regional and local climatic conditions r direct every owner or occupier of the building or building complex, being a designated consumer to comply with the provisions of 9energy conservation and sustainable building codes for efficient use of energy and its conservation s direct, any designated consumer referred to in clause r, if considered necessary, for efficient use of energy and its conservation in his building to get energy audit conducted in respect of such building by an accredited energy auditor in such manner and intervals of time as may be specified by regulations t take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation u arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation v take steps to encourage preferential treatment for use of energy efficient equipment or appliances: 10 w specify the carbon credit trading scheme x specify minimum share of consumption of nonfossil sources by designated consumers as energy or feedstock, provided different share of consumption may be specified for different types of nonfossil sources for different designated consumers provided that the powers under clauses p to s shall be exercised in consultation with the concerned state. 1. subs. by act 19 of , s. 6, for appliance w.e.f. . 2. ins. by s. 6, ibid. w.e.f. . 3. subs. by s. 6, ibid., for clause c w.e.f. . 4. subs. by act 28 of , s. 6, for any user or class of users of energy as a designated consumer w.e.f. . 5. ins. by act 19 of , s. 6, w.e.f. . 6. subs. by s. 6, ibid., for energy manager w.e.f. . 7. subs. by act 28 of , s. 6, for energy managers w.e.f. . 8. subs. by s. 6, ibid., for such form and manner w.e.f. . 9. subs. by act 19 of , s. 6, for energy conservation building codes w.e.f. . 10. ins. by s. 6, ibid. w.e.f. .

section 18. of the energy conservation act : the central government or the state government may, in the exercise of its powers and performance of its functions under this act and for efficient use of energy and its conservation, issue such directions in writing as it deems fit for the purposes of this act to any person, officer, authority or any designated consumer and such person, officer or authority or any designated consumer shall be bound to comply with such directions. explanation.for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct a regulation of norms for process and energy consumption standards in any industry or building or building complex or b regulation of the energy consumption standards for equipment and appliances.

section 14aa. issuance of carbon credit certificate of the energy conservation act : 114aa. issuance of carbon credit certificate.1 the central government, or any agency authorised by it may issue carbon credit certificate to the registered entity which complies with the requirements of the carbon credit trading scheme. 2 the registered entity shall be entitled to purchase or sell the carbon credit certificate in accordance with carbon credit trading scheme specified under clause w of section 14. 1. ins. by act 19 of , s. 8 w.e.f. .

section 14b. of the energy conservation act : 114b. power of central government to specify value of energy.the central government may, in consultation with the bureau, prescribe the value of per metric ton of oil equivalent of energy consumed for the purposes of this act. 1. ins. by s. 7, ibid. w.e.f. .

section 19. of the energy conservation act : show related subordinates the central government may, after due appropriation made by parliament by law in this behalf, make to the bureau or to the state governments grants and loans of such sums of money as the central government may consider necessary.

section 15. of the energy conservation act : show related subordinates the state government may, by notification, in consultation with the bureau a amend the 1energy conservation and sustainable building codes to suit the regional and local climatic conditions and may, by rules made by it, specify and notify 1 energy conservation and sustainable building codes with respect to use of energy in the buildings 2 and implement the same through building byelaws of the state b direct every owner or occupier of a building or building complex being a designated consumer to comply with the provisions of the 1energy conservation and sustainable building codes c direct, if considered necessary for efficient use of energy and its conservation, any designated consumer referred to in clause b to get energy audit conducted by an accredited energy auditor in such manner and at such intervals of time as may be specified by regulations d designate any agency as designated agency to coordinate, regulate and enforce provisions of this act within the state e take all measures necessary to create awareness and disseminate information for efficient use of energy and its conservation f arrange and organise training of personnel and specialists in the techniques for efficient use of energy and its conservation g take steps to encourage preferential treatment for use of energy efficient equipment or appliances h direct, any designated consumer to furnish to the designated agency, in such form and manner and within such period as may be specified by rules made by it, information with regard to the energy consumed by such consumer 3ha levy such fee as may be prescribed for the services rendered by the designated agency to promote efficient use of energy and its conservation under this act i specify the matters to be included for the purposes of inspection under subsection 2 of section 17. 1. subs. by act 19 of , s. 9, for energy conservation building codes w.e.f. . 2. ins. by s. 9, ibid. w.e.f. . 3. ins. by s. 9, ibid. w.e.f. .

section 15a. of the energy conservation act : 115a. budget of designated agency.the designated agency shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure and forward the same to the state government, which shall include the same in the annual budget. 1. ins. by act 19 of , s. 10 w.e.f. .

section 16. of the energy conservation act : 116. establishment of fund by state government.1 there shall be constituted a fund for the purposes of promotion of efficient use of energy and its conservation within the state to be called the state energy conservation fund and there shall be credited thereto. a all grants and loans that may be made by the state government or the central government or any other organisation or individual for the purposes of this act b all fees received by the state government or the designated agency under this act c all sums received by the state government or the designated agency from such other sources as may be decided by the state government. 2 the fund shall be utilised for meeting the expenses a of the designated agency in the discharge of its functions b for the objects and purposes authorised by or under this act. 3 the fund created under subsection 1 shall be administered by such person or authority and in such manner as may be prescribed by the rules made by the state government. 1. subs. by act 19 of , s. 11, for section 16 w.e.f. .

section 17. of the energy conservation act : show related subordinates 1 the designated agency may appoint, after the expiry of five years from the date of commencement of this act, as many inspecting officers as may be necessary for the purpose of ensuring compliance with energy consumption standards specified under clause a of section 14 or ensure display of particulars on label on equipment or appliance specified under clause b of section 14 or for the purpose of performing such other functions as may be assigned to them. 2 subject to any rules made under this act, an inspecting officer shall have power to a inspect any operation carried on or in connection with the equipment or appliance specified under clause b of section 14 or in respect of which energy standards under clause a of section 14 have been specified b enter any place of designated consumer at which the energy is used for any activity and may require any proprietor, employee, director, manager or secretary or any other person who may be attending in any manner to or helping in, carrying on any activity with the help of energy i to afford him necessary facility to inspect a any equipment or appliance as he may require and which may be available at such place b any production process to ascertain the energy consumption norms and standards ii to make an inventory of stock of any equipment or appliance checked or verified by him iii to record the statement of any person which may be useful for, or relevant to, for efficient use of energy and its conservation under this act. 3 an inspecting officer may enter any place of designated consumer a where any activity with the help of energy is carried on and b where any equipment or appliance notified under clause b of section 14 has been kept, during the hours at which such place is open for production or conduct of business connected therewith. 4 an inspecting officer acting under this section shall, on no account, remove or cause to be removed from the place wherein he has entered, any equipment or appliance or books of account or other documents.

section 20. of the energy conservation act : show related subordinates 1 there shall be constituted a fund to be called as the central energy conservation fund and there shall be credited thereto a any grants and loans made to the bureau by the central government under section 19 b all fees received by the bureau under this act c all sums received by the bureau from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a the salary, allowances and other remuneration of directorgeneral, secretary, officers and other employees of the bureau b expenses of the bureau in the discharge of its functions under section 13 c fee and allowances to be paid to the members of the governing council under subsection 5 of section 4 d expenses on objects and for purposes authorised by this act.

section 21. of the energy conservation act : 1 the bureau may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source as it may deem fit for discharging all or any of its functions under this act. 2 the central government may guarantee, in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the bureau under subsection 1.

section 22. of the energy conservation act : show related subordinates the bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the bureau and forward the same to the central government.

section 27. of the energy conservation act : show related subordinates 1 for the purpose of adjudging under section 26, the state commission shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed by the central government, after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. 2 while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subjectmatter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the clauses of the sections specified in section 26, he may impose such penalty as he thinks fit in accordance with the provisions of any of those clauses of that section: provided that where a state commission has not been established in a state, the government of that state shall appoint any of its officer not below the rank equivalent to a secretary dealing with legal affairs in that state to be an adjudicating officer for the purposes of this section and such officer shall cease to be an adjudicating officer immediately on the appointment of an adjudicating officer by the state commission on its establishment in that state: provided further that where an adjudicating officer appointed by a state government ceased to be an adjudicating officer, he shall transfer to the adjudicating officer appointed by the state commission all matters being adjudicated by him and thereafter the adjudicating officer appointed by the state commission shall adjudicate the penalties on such matters.

section 23. of the energy conservation act : show related subordinates the bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government.

section 24. of the energy conservation act : show related subordinates the central government shall cause the annual report referred to in section 23 to be laid, as soon as may be after it is received, before each house of parliament.

section 25. of the energy conservation act : show related subordinates 1 the bureau shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the bureau shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the bureau to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the bureau shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts, and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the bureau. 4 the accounts of the bureau as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 27a.power of state commission to make regulations of the energy conservation act : 1 27a. power of state commission to make regulations.1 the state commission may, by notification, make regulations for discharging its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the manner of making application before the state commission and the fee payable b any other matter which is to be, or may be, provided by regulations by the state commission for the purposes of its function: provided that every regulation made by the state commission under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house. 1. ins. by act 19 of , s. 13 w.e.f.

section 26. of the energy conservation act : show related subordinates 1 if any person fails to comply with the provisions of clause c or clause d or clause h or clause i or clause k or clause l 1 or clause r or clause s of section 14 or clause b or clause c or clause h of section 15, he shall be liable to a penalty which shall not exceed 2ten lakh rupees for each such failure and, in the case of continuing failure, with an additional penalty which may extend to 3ten thousand rupees for every day during which such failure continues: provided that no person shall be liable to pay penalty within five years from the date of commencement of this act. 41a if any person fails to comply with the provisions of clause n of section 14, he shall be liable to a penalty which shall not exceed ten lakh rupees and, in the case of continuing failure, with an additional penalty which shall not be less than the price of every metric ton of oil equivalent of energy, prescribed under this act, that is in excess of the prescribed norms. 2 any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue. 1. the words, brackets and letter or clause n omitted by act of 28 of , s. 8 w.e.f. . 2. subs. by s. 8, ibid., for ten thousand rupees w.e.f. . 3. subs. by s. 8, ibid., for one thousand rupees w.e.f. . 4. ins. by s. 8, ibid. w.e.f. .

section 28. of the energy conservation act : while adjudicating the quantum of penalty under section 26, the adjudicating officer shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the repetitive nature of the default. 1 c the loss caused to a consumer and amount of compensation thereof. 1. ins. by act 19 of , s. 13 w.e.f. .

section 29. of the energy conservation act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this act or the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 31a. of the energy conservation act : show related subordinates 1131a. procedure and powers of appellate tribunal.the provisions of sections 120 to 123 both inclusive of the electricity act, 36 of shall, mutatis mutandis, apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its function under the electricity act, . 1. ins. by act 28 of , s. 10 w.e.f. .

section 34.. of the energy conservation act : term of office. omitted by s.11, ibid. w.e.f. .

section 30. of the energy conservation act : show related subordinates 130. appellate tribunal.the appellate tribunal established under section 110 of the electricity act, 36 of shall, without prejudice to the provisions of the electricity act, , be the appellate tribunal for the purposes of this act and hear appeals against the orders of the adjudicating officer or the central government or the state government or any other authority under this act. 1 subs. by act 28 of , s. 9, for section 30 w.e.f. .

section 31. of the energy conservation act : show related subordinates 1 any person aggrieved, by an order made by an adjudicating officer or the central government or the state government or any other authority under this act, may prefer an appeal to the appellate tribunal for energy conservation: provided that any person, appealing against the order of the adjudicating officer levying any penalty, shall, while filing the appeal, deposit the amount of such penalty: provided further that where in any particular case, the appellate tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the appellate tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. 2 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the adjudicating officer or the central government or the state government or any other authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 4 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the central government or the state government or any other authority. 5 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal: provided that where an appeal could not be disposed of within the said period of one hundred and eighty days, the appellate tribunal shall record its reasons in writing for not disposing of the appeal within the said period. 6 the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the central government or the state government or any other authority under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.

section 32.. of the energy conservation act : composition of appellate tribunal. omitted by the energy conservation amendment act, 28 of , s.11 w.e.f. .

section 33.. of the energy conservation act : qualifications for appointment of chairperson and members of appellate tribunal. omitted by s.11, ibid. w.e.f. .

section 35.. of the energy conservation act : terms and conditions of service. omitted by s.11, ibid. w.e.f. .

section 41.. of the energy conservation act : distribution of business amongst benches. omitted by s.11, ibid. w.e.f. .

section 42.. of the energy conservation act : power of chairperson to transfer cases. omitted by s.11, ibid. w.e.f. .

section 38.. of the energy conservation act : member to act as chairperson in certain circumstances. omitted by s.11, ibid. w.e.f. .

section 39.. of the energy conservation act : staff of appellate tribunal. omitted by s.11, ibid. w.e.f. .

section 43.. of the energy conservation act : decision to be by majority. omitted by s.11, ibid. w.e.f. .

section 37.. of the energy conservation act : resignation and removal. omitted by s.11, ibid. w.e.f. .

section 36.. of the energy conservation act : vacancies. omitted by s.11, ibid. w.e.f. .

section 40.. of the energy conservation act : procedure and powers of appellate tribunal. omitted by s.11, ibid. w.e.f. .

section 44. of the energy conservation act : 1 a person preferring an appeal to the appellate tribunal under this act may either appear in person or take the assistance of a legal practitioner or an accredited energy auditor of his choice to present his case before the appellate tribunal, as the case may be. 2 the central government or the state government may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal, as the case may be.

section 51. of the energy conservation act : show related subordinates the bureau may, by general or special order in writing, delegate to any member, member of the committee, officer of the bureau or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act except the powers under section 58 as it may deem necessary.

section 45. of the energy conservation act : show related subordinates any person aggrieved by any decision or order of the appellate tribunal, may, file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the appellate tribunal to him, on any one or more of the grounds specified in section 100 of the code of civil procedure, 5 of : provided that the supreme court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

section 46. of the energy conservation act : 1 without prejudice to the foregoing provisions of this act, the bureau shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the bureau shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government, whether a question is one of policy or not, shall be final.

section 48. of the energy conservation act : 1 where a company makes a default in complying with the provisions of clause c or clause d or clause h or clause i or clause k or clause l or clause n or clause r or clause s of section 14 or clause b or clause c or clause h of section 15, every person who at the time of such contravention was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to have acted in contravention of the said provisions and shall be liable to be proceeded against and imposed penalty under section 26 accordingly: provided that nothing contained in this subsection shall render any such person liable for penalty provided in this act if he proves that the contravention of the aforesaid provisions was committed without his knowledge or that he exercised all due diligence to prevent the contravention of the aforesaid provision. 2 notwithstanding anything contained in subsection 1, where any contravention of the provisions of clause c or clause d or clause h or clause i or clause k or clause l or clause n or clause r or clause s of section 14 or clause b or clause c or clause h of section 15 has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to have contravened the said provisions and shall be liable to be proceeded for imposition of penalty accordingly. explanation.for the purposes of this section, company means a body corporate and includes a firm or other association of individuals.

section 49. of the energy conservation act : notwithstanding anything contained in the incometax act, 43 of or any other enactment for the time being in force relating to tax on income, profits or gains a the bureau b the existing energy management centre from the date of its constitution to the date of establishment of the bureau, shall not be liable to pay any incometax or any tax in respect of their income, profits or gains derived.

section 47. of the energy conservation act : 1 if at any time the central government is of opinion a that on account of grave emergency, the bureau is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the bureau has persistently made default in complying with any direction issued by the central government under this act or in discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default, the financial position of the bureau had deteriorated or the administration of the bureau had deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification, supersede the bureau for such period, not exceeding six months, as may be specified in the notification. 2 upon the publication of a notification under subsection 1 superseding the bureau, a all the members referred to in clauses o, p and q of subsection 2 of section 4 shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the bureau, shall until the bureau is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct and c all property owned or controlled by the bureau shall, until the bureau is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may reconstitute the bureau by a fresh appointment and in such case any person or persons who vacated their offices under clause a of subsection 2, shall not be deemed disqualified for appointment: provided that the central government may, at any time, before the expiration of the period of supersession, take action under this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 50. of the energy conservation act : no suit, prosecution or other legal proceeding shall lie against the central government or directorgeneral or secretary or state government or any officer of those governments or state commission or its members or any member or officer or other employee of the bureau for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 52. of the energy conservation act : show related subordinates every designated consumer or manufacturer of equipment or appliance 1 or any other person or entity covered under this act shall furnish to the bureau such information, documents or records relating to energy consumption, and such samples of any material or substance used in relation to any equipment or appliance, as the bureau may require 1. subs. by act 19 of , s. 15, for the words, brackets, letter and figures specified under clause b of section 14 shall supply the bureau with such information, and with such samples w.e.f. .

section 53. of the energy conservation act : if the central government or the state government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by notification and subject to such conditions as may be specified in the notification, exempt any designated consumer or class of designated consumers from application of all or any of the provisions of this act: provided that the central government or the state government, as the case may be, shall not grant exemption to any designated consumer or class of designated consumers for a period exceeding five years: provided further that the central government or the state government, as the case may be, shall consult the bureau of energy efficiency before granting such exemption.

section 59. of the energy conservation act : 1 every rule made by the central government and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 2 every rule made by the state government shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house.

section 55. of the energy conservation act : the central government may give directions to a state government or the bureau as to carrying out into execution of this act in the state.

section 54. of the energy conservation act : the 1 members, directorgeneral, secretary, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. certain words omitted by act of 28 of , s. 12 w.e.f. .

section 56. of the energy conservation act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a such number of persons to be appointed as members by the central government under clauses o, p and q of subsection 2 of section 4 b the fee and allowances to be paid to the members under subsection 5 of section 4 c the salary and allowances payable to the directorgeneral and other terms and conditions of his service and other terms and conditions of service of the secretary of the bureau under subsection 4 of section 9 d the terms and conditions of service of officers and other employees of the bureau under subsection 2 of section 10 e performing such other functions by the bureau, as may be prescribed, under clause u of subsection 2 of section 13 f the energy consumption norms and standards for designated consumers under clause g of section 14 g prescribing the different norms and standards for different designated consumers under the proviso to clause g of section 14 h the form and manner and the time within which information with regard to energy consumed and the action taken on the recommendations of the accredited energy auditor be furnished under clause k of section 14 i the form and manner in which the status of energy consumption be submitted under clause i of section 14 j the minimum qualifications for 1energy auditors and energy managers under clause m of section 14 k the form and manner for preparation of scheme and its implementation under clause o of section 14 l the 2energy conservation and sustainable building codes under clause p of section 14 3la prescribing the procedure for issuing the energy savings certificate under subsection 1 of section 14a laa the value of per metric ton of oil equivalent of energy consumed under section 14b m the matters relating to inspection under subsection 2 of section 17 n the form in which, and the time at which, the bureau shall prepare its budget under section 22 o the form in which, and the time at which, the bureau shall prepare its annual report under section 23 p the form in which the accounts of the bureau shall be maintained under section 25 q the manner of holding inquiry under subsection 1 of section 27 r the form and fee for filing appeal under subsection 2 of section 31 3 v any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules. 1. subs. by act 28 of , s. 13, for energy managers w.e.f. . 2. subs. by act 19 of , s. 16, for energy conservation building codes w.e.f. . 3. ins. by act 28 of , s. 13, w.e.f. . 4. cls. s, t and u omitted by s. 13, ibid. w.e.f. .

section 57. of the energy conservation act : 1 the state government may, by notification, make rules for carrying out the provisions of this act and not inconsistent with the rules, if any, made by the central government. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a 1energy conservation and sustainable building codes under clause a of section 15 b the form, the manner and the period within which information with regard to energy consumption shall be furnished under clause h of section 15 2ba the fee to be levied for the services rendered by the designated agency for promoting efficient use of energy and its conservation under clause ha of section 15 bb the form in which and the time at which, the budget of the designated agency shall be prepared under section 15a c the person or any authority who shall administer the fund and the manner in which the fund shall be administered under sub3section 3 of section 16 d the matters to be included for the purposes of inspection under subsection 2 of section 17 e any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be made, by rules. 1. subs. by act 19 of , s. 17, for energy conservation building codes w.e.f. . 2. ins. by s. 17, ibid. w.e.f. . 3. subs. by s. 17, ibid.., for section 4 w.e.f. .

section 58. of the energy conservation act : show related subordinates 1 the bureau may, with the previous approval of the central government and subject to the condition of previous publication, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the times and places of the meetings of the governing council and the procedure to be followed at such meetings under subsection 1 of section 5 b the members of advisory committees constituted under subsection 2 of section 8 c the powers and duties that may be exercised and discharged by the directorgeneral of the bureau under subsection 6 of section 9 d the levy of fee for services provided for promoting efficient use of energy and its conservation under clause n of subsection 2 of section 13 e the list of accredited energy auditors under clause o of subsection 2 of section 13 1f the qualifications, criteria and conditions subject to which a person may be accredited as an energy auditor and the procedure for such accreditation under clause p of subsection 2 of section 13 g the manner and the intervals of time in which the energy audit shall be conducted under clause q of subsection 2 of section 13 h certification procedure for 2energy auditors and energy managers under clause r of subsection 2 of section 13 3ha the purposes, and the terms and conditions subject to which, an agency may be authorised to carry out the functions of the bureau under clause tb of subsection 2 of section 13 hb the technical qualification to test samples under clause tc of subsection 2 of section 13 i particulars required to be displayed on label and the manner of their display under clause d of section 14 j the manner and the intervals of time for conduct of energy audit under clause h or clause s of section 14 k the manner and the intervals of time for conducting energy audit by an accredited energy auditor under clause c of section 15 l any other matter which is required to be, or may be, specified. 1. subs. by act 28 of , s. 14, for clause f w.e.f. . 2. subs. by s. 14, ibid., for energy managers w.e.f. . 3. ins. by act 19 of , s. 18 w.e.f. .

section 62. of the energy conservation act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no such order shall be made under this section after the expiry of two years from the date of the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 61. of the energy conservation act : the provisions of this act shall not apply to the ministry or department of the central government dealing with defence, atomic energy or such other similar ministries or departments or undertakings or boards or institutions under the control of such ministries or departments as may be notified by the central government.

section 60. of the energy conservation act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

section 3. of the high courts seals act : repeal of ordinance 13 of .rep. by the repealing and amending act, 36 of s. 2 and the first schedule.

section 1. of the high courts seals act : show related subordinates this act may be called the high courts seals act, .

section 2. of the high courts seals act : 1 every high court in a 1 state shall have and use, as occasion may arise, a seal bearing a device and impression of the asoka capital within an exergue or label surrounding the same, with the following inscriptions at convenient places, namely, the seal of the high court at or of .............., followed by the name of the seal of the high court or the name of the state, as the case may be, and satyameva jayate in devanagari script. 2 every court of the judicial commissioner for a 2 union territory shall have and use, as occasion may arise, a seal similar to the seal of a high court in a 3 state, but with the first inscription reading the seal of the judicial commissioners court for ....................... followed by the 4 name of the union territory. 3 the provisions of this shall supersede any provision contrary thereto or inconsistent therewith contained in any letters patent, order, direction or other law relating to the use of seals by high courts. 1. subs. by the adaptation of laws no. 3 order, , for part a state or part b state. 2. subs., ibid., for part c state. 3. the word and letter part a omitted, ibid. 4. subs., ibid., for name of the state.

section 8. of the ancient monuments preservation act : every person who purchases, at a sale for arrears of landrevenue or any other public demand, or at a sale made under the bengal patni taluks regulation, , ben. reg. 8 of an estate or tenure in which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under section 4 or section 5 and every person claiming any title to a monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.

section 1. of the ancient monuments preservation act : 1 this act may be called the ancient monuments preservation act, . 12 it extends to the whole of india 2 except the state of jammu and kashmir. 2. subs by the a.o. , for subsection 2. 3. subs. by act 3 of , s. 3 and the schedule, for except part b states

section 7. of the ancient monuments preservation act : 1 if the collector apprehends that the owner or occupier of a monument intends to destroy, remove, alter, deface, or imperil the monument or to build on or near the site thereof in contravention of the terms of an agreement for its preservation under section 5, the collector may make an order prohibiting any such contravention of the agreement. 2 if an owner or other person who is bound by an agreement for the preservation or maintenance of a monument under section 5 refuses to do any act which is in the opinion of the collector necessary to such preservation or maintenance, or neglects to do any such act within such reasonable time as may be fixed by the collector, the collector may authorize any person to do any such act, and the expense of doing any such act or such portion of the expense as the owner may be liable to pay under the agreement may be recovered from the owner as if it were an arrear of landrevenue. 3 a person aggrieved by an order made under this section may appeal to the commissioner, who may cancel or modify it and whose decision shall be final.

section 2. of the ancient monuments preservation act : in this act, unless there is anything repugnant in the subject or context, 1 ancient monument means any structure, erection or monument or any tumulus or place of interment, or any cave, rocksculpture, inscription or monolith, which is of historical, archeological or artistic interest, or any remains thereof, and includes a the site of an ancient monument b such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument and c the means of access to and convenient inspection of an ancient monument: 2 antiquities include any moveable objects which 1the central government, by reason of their historical or archeological associations, may think it necessary to protect against injury, removal or dispersion: 3 commissioner includes any officer authorised by 2the central government to perform the duties of a commissioner under this act: 4 maintain and maintenance include the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of maintaining a protected monument or of securing convenient access thereto: 5 land includes a revenuefree estate, a revenuepaying estate, and a permanent transferable tenure, whether such estate or tenure be subject to incumbrances or not: and 6 owner includes a joint owner invested with powers of management on behalf of himself and other joint owners, and any manager or trustee exercising powers of management over an ancient monument, and the successor in title of any such owner and the successor in office of any such manager or trustee: provided that nothing in this act shall be deemed to extend the powers which may lawfully be exercised by such manager or trustee. 1. subs. by the a.o., for the govt.. 2. subs., ibid., for the l.g..

section 3. of the ancient monuments preservation act : 1 the 1central government may, by notification in the official gazette, declare an ancient monument to be a protected monument within the meaning of this act. 2 a copy of every notification published under subsection 1 shall be fixed up in a conspicuous place on or near the monument, together with an intimation that any objections to the issue of the notification received by the 1central government within one month from the date when it is so fixed up will be taken into consideration. 3 on the expiry of the said period of one month, the 1central government, after considering the objections, if any, shall confirm or withdraw the notification. 4 a notification published under this section shall, unless and until it is withdrawn, be conclusive evidence of the fact that the monument to which it relates is an ancient monument within the meaning of this act. 1. subs. by the a.o. , for l.g..

section 10. of the ancient monuments preservation act : 1 if the 1central government apprehends that a protected monument is in danger of being destroyed, injured or allowed to fall into decay 2the central government may direct the state government to acquire it under the provisions of the land acquisition act, 1 of , as if the preservation of a protected monument were a public purpose within the meaning of that act. 2 the powers of compulsory purchase conferred by subsection 1 shall not be exercised in the case of a any monument which or any part of which is periodically used for religious observances or b any monument which is the subject of a subsisting agreement executed under section 5. 3 in any case other than the cases referred to in subsection 2 the said powers of compulsory purchase shall not be exercised unless the owner or other person competent to enter into an agreement under section 5 has failed, within such reasonable period as the collector may fix in this behalf, to enter into an agreement proposed to him under the said section or has terminated or given notice of his intention to terminate such an agreement. 1. subs. by the a.o., for l.g.. 2. subs., ibid., for the l.g. may proceed to acquire it.

section 5. of the ancient monuments preservation act : 1 the collector may, with the previous sanction of 1the central government, propose to the owner to enter into an agreement with 2the central governmen for the preservation of any protected monument in his district. 2 an agreement under this section may provide for the following matters, or for such of them as it may be found expedient to include m the agreement: a the maintenance of the monument b the custody of the monument, and the duties of any person who may be employed to watch it c the restriction of the owners right to destroy, remove, alter or deface the monument or to build on or near the site of the monument d the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the collector to inspect or maintain the monument e the notice to be given to the central government in case the land on which the monument is situated is offered for sale by the owner, and the right to be reserved to 3the central government to purchase such land, or any specified portion of such land, at its marketvalue f the payment of any expenses incurred by the owner or by 3the central government in connection with the preservation of the monument g the proprietary or other rights which are to vest in government in respect of the monument when any expenses reinsured by 9 the central government in connection with the preservation of the monument h the appointment of an authority to decide any dispute arising out of the agreement and i any matter connected with the preservation of the monument which is a proper subject of agreement between the owner and 3the central government. 4 4 the terms of an agreement under this section may be altered from time to time with the sanction of 5the central government and with the consent of the owner. 5 with the previous sanction of 5the central government, the collector may terminate an agreement under this section on giving six months notice in writing to the owner. 6 the owner may terminate an agreement under this section on giving six months notice to the collector. 7 an agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates, through or under a party by whom or on whose behalf the agreement was executed. 8 any rights acquired by 3the central government in respect of expenses incurred in protecting or preserving a monument shall not be affected by the termination of an agreement under this section. 1. subs., ibid., for the l.g. 2. subs., ibid., for the secretary of state for india in council. 3. subs. by the a.o., for the government. 4. subsection 3 omitted, ibid. 5. subs., ibid., for the l.g..

section 4. of the ancient monuments preservation act : 1 the collector, with the sanction of the 1central government, may purchase or take a lease of any protected monument. 2 the collector, with the like sanction, may accept a gift or bequest of any protected monument. 3 the owner of any protected monument may, by written instrument, constitute the commissioner the guardian of the monument, and the commissioner may, with the sanction of the 1central government, accept such guardianship. 4 when the commissioner has accepted the guardianship of a monument under subsection 3, the owner shall, except as expressly provided in this act, have the same estate, right, title and interest in and to the monument as if the commissioner had not been constituted guardian thereof. 5 when the commissioner has accepted the guardianship of a monument under subsection 3, the provisions of this act relating to agreements executed under section 5 shall apply to the written instrument executed under the said subsection. 6 where a protected monument is without an owner, the commissioner may assume the guardianship of the monument. 1. subs. by the a.o. , for l.g.

section 6. of the ancient monuments preservation act : 1 if the owner is unable, by reason of infancy or other disability, to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by section 5. 2 in the case of villageproperty, the headman or other villageofficer exercising powers of management over such property may exercise the powers conferred upon an owner by section 5. 3 nothing in this section shall be deemed to empower any person not being of the same religion as the persons on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.

section 9. of the ancient monuments preservation act : 1 if any owner or other person competent to enter into an agreement under section 5 for the preservation of a protected monument, refuses or fails to enter into such an agreement when proposed to him by the collector, and if any endowment has been created for the purpose of keeping such monument in repair, or for that purpose among others, the collector may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district judge for the proper application of such endowment or part thereof. 2 on the hearing of an application under subsection 1, the district judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were the decree of a civil court.

section 12. of the ancient monuments preservation act : the commissioner may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him: provided that no contribution received under this section shall he applied to any purpose other than the purpose for which it was contributed.

section 10a., near ancient monument. of the ancient monuments preservation act : 110a. power central government to control mining, etc., near ancient monument1 if the2central government is of opinion that mining, quarrying, excavating, blasting and other operations of a like nature should be restricted or regulated for the purpose of protecting, or preserving any ancient monument, the 2central government may, by notification in the official gazette, make rules a fixing the boundaries of the area to which the rules are to apply, b forbidding the carrying on of mining, quarrying, excavating, blasting or any operation of a like nature except in accordance with the rules and with the terms of a licence, and c prescribing the authority by which, and the terms on which, licences may be granted to carry on any of the said operations. 2 the power to make rules given by this section is subject to the condition of the rules being made after previous publication. 3 a rule made under this section may provide that any person committing a breach thereof shall be punishable with fine which may extend to two hundred rupees. 4 if any owner or occupier of land included in a notification under subsection 1 proves to the satisfaction of the 2central government that he has sustained loss by reason of such land being so included, the 2central government shall pay compensation in respect of such loss. 1. ins. by act 18 of , s. 2. 2. subs. by the a.o., for l.g..

section 15. of the ancient monuments preservation act : 1 subject to such rules as may after previous publication be made by 2the central government, the public shall have a nut right of access to any monument maintained by 2the central government under this act. 2 in making any rule under subsection 1 1the central government may provide that a breach of it shall be punishable with fine which may extend to twenty rupees. 1. subs. by the a.o., for the l.g.. 2. subs., ibid., for govt..

section 11. of the ancient monuments preservation act : 1 the commissioner shall maintain every monument in respect of which the government has acquired any of the rights mentioned in section 4 or which the government has acquired under section 10. 2 when the commissioner has accepted the guardianship of a monument under section 4, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument, and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

section 13. of the ancient monuments preservation act : 1 a place of worship or shrine maintained by the government under this act shall not be used for any purpose inconsistent with its character. 2 where the collector has, under section 4, purchased or taken a lease of any protected monument, or has accepted a gift or bequest, or the commissioner has, under the same section, accepted the guardianship thereof, and such monument, or any part thereof, is periodically used for religious worship or observances by any community, the collector shall make due provision for the protection of such monument or such part thereof, from pollution or desecration a by prohibiting the entry therein, except n accordance with conditions prescribed with the concurrence of the persons in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or b by taking such other action as he may think necessary in this behalf.

section 14. of the ancient monuments preservation act : with the sanction of 1the central government, the commissioner may a where rights have been acquired by 2the central government in respect of any monument under this act by virtue of any sale, lease, gift or will, relinquish the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired or b relinquish any guardianship of a monument which he has accepted under this act. 1. subs. by the a.o., for the l.g.. 2. subs., ibid., for govt..

section 16. of the ancient monuments preservation act : any person other than the owner who destroys, removes, injures, alters, defaces or imperils a protected monument, and any owner who destroys, removes, injures, alters, defaces or imperils a monument maintained by 1the central government under this act or in respect of which an agreement has been executed under section 5, and any owner or occupier who contravenes an order made under section 7, subsection 1, shall be punishable with fine which may extend to five thousand rupees, or with imprisonment which may extend to three months, or with both. 1. subs., ibid., for govt..

section 20. of the ancient monuments preservation act : 1 if the central government 1 is of opinion that excavation for archeological purposes in any area should be restricted and regulated in the interests of archeological research, the central government may, by notification in the official gazette specifying the boundaries of the area, declare it to be a protected area. 2 from the date of such notification all antiquities buried in the protected area shall be the property of the government and shall be deemed to be in the possession of the government, and shall remain the property and in the possession of the government until ownership thereof is transferred but in all other respects the rights of any owner or occupier of land in such area shall not be affected. 1. the words after consulting the l.g. omitted by the a.o. .

section 17. of the ancient monuments preservation act : 1 if the central government apprehends that antiquities that are being sold or removed to the detriment of india or of any neighbouring country, it may, by notification1 in the official gazette, prohibit or restrict the bringing or taking by sea or by land of any antiquities or class of antiquities described in the notification into or out of 2the territories to which this act extends or any specified part of 3the said territories. 2 any person who brings or takes or attempts to bring or take any such antiquities into or out of 3the said territories or any part of 3the said territories in contravention of a notification issued under subsection 1, shall be punishable with fine which may extend to five hundred rupees. 3 antiquities in respect of which an offence referred to in subsection 2 has been committed shall be liable to confiscation. 4 an officer of customs, or an officer of police of a grade not lower than subinspector, duly empowered by the 4central government in this behalf, may search any vessel, cart or other means of conveyance, and may open any baggage or package of goods, if he has reason to believe that goods in respect of which an offence has been committed under subsection 2 are contained therein. 5 a person who complains that the power of search mentioned in subsection 4 has been vexatiously or improperly exercised may address his complaint to the 4central government, and the 4central governmen shall pass such order and may award such compensation, if any, as appears to it to be just. 1. for notification, see gazette of india, , pt. i, p. 989. 2. subs. by act 3 of , s. 3 and the schedule, for the territories for the time being comprised within part a states and part c states. 3. subs. by the a.o. , for the provinces. 4. subs. by the a.o. , for l. g..

section 18. of the ancient monuments preservation act : 1 if1the central government considers that any sculptures, carvings, images, basreliefs, inscriptions or other like objects ought not to be moved from the place where they are without the sanction of 2the centralgovernment, 1the central government may, by notification in the official gazette, direct that any such object or any class of such objects shall not be moved unless with the written permission of the collector. 2 a person applying for the permission mentioned in subsection 1 shall specify the object or objects which he proposes to move and shall furnish, in regard to such object or objects, any information which the collector may require. 3 if the collector refuses to grant such permission, the applicant may appeal to the commissioner, whose decision shall be final. 4 any person who moves any object in contravention of a notification issued under subsection 1, shall be punishable with fine which may extend to five hundred rupees. 5 if the owner of any property proves to the satisfaction of 1the central government that he has suffered any loss or damage by reason of the inclusion of such property in a notification published under subsection 1, 1the central government shall either a exempt such property from the said notification b purchase such property, if it be moveable, at its market value or c pay compensation for any loss or damage sustained by the owner of such property, if it be immoveable. 1. subs. by the a.o. , for the l.g. 2. subs., ibid., for the govt..

section 19. of the ancient monuments preservation act : 1 if 1the centralgovernmen apprehends that any object mentioned in a notification issued under section 18, subsection 1, is in danger of being destroyed, removed, injured or allowed to fall into decay, 1the centralgovernment may pass orders for the compulsory purchase of such object at its marketvalue, and the collector shall thereupon give notice to the owner of the object to be purchased. 2 the power of compulsory purchase given by this section shall not extend to a any image or symbol actually used for the purpose of any religious observance or b anything which the owner desires to retain on any reasonable ground personal to himself or to any of his ancestors or to any member of his family. 1. subs. by the a.o. , for the l.g..

section 20c. of the ancient monuments preservation act : if the central government is of opinion that a protected area contains an ancient monument or antiquities of national interest and value, it may direct the state government to acquire such area, or any part thereof, and the state government may thereupon acquire such area or part under the land acquisition act, 1 of , as for a public purpose.

section 20a. of the ancient monuments preservation act : 1 any officer of the archeological department or any person holding a licence under section 20b may, with the written permission of the collector enter upon and make excavations in any, protected area. 2 where, in the exercise of the power conferred by subsection 1, the rights of any person are infringed by the occupation or disturbance of the surface of any land, 1the central government shall pay to that person compensation for the infringement. 1. subs. by the a.o. , for the govt..

section 20b. of the ancient monuments preservation act : 1 the central government may make rules2 a prescribing the authorities by whom licences to excavate for archeological purposes in a protected area may be granted b regulating the conditions on which such licences may be granted, the form of such licences, and the taking of security from licensees c prescribing the manner in which antiquities found by a licensee shall be divided between 1the central government and the licensee and d generally to carry out the purposes of section 20. 2 the power to make rules given by this section is subject to the condition of the rules being made after previous publication. 3 such rules may be general for all protected areas for the time being, or may be special for any particular protected area or areas. 4 such rules may provide that any person committing a breach of any rule or of any condition of a licence shall be punishable with fine which may extend to five thousand rupees, and may further provide that where the breach has been by the agent or servant of a licensee the licensee himself shall be punishable. 1. subs. by the a.o. , for the govt.. 2. for such rules, see gazette of india, , pt. i, p. .

section 24. of the ancient monuments preservation act : no suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done, or in good faith intended to be done, in the exercise of any power conferred by this act.

section 21. of the ancient monuments preservation act : 1 the marketvalue of any property which government is empowered to purchase at such value under this act, or the 1 compensation to be paid by government in respect of anything done under this act, shall, where any dispute arises 2in respect of such marketvalue or compensation, be ascertained in the manner provided by the land acquisition act, , sections 3, 8 to 34, 45 to 47, 51and 52, so far as they can be made applicable: provided that when making an inquiry under the said land acquisition act, , the collector shall be assisted by two assessors one of whom shall be a competent person nominated by the collector, and one a person nominated by the owner or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the collector in this behalf, by the collector. 1. the words amount of omitted by act 18 of , s. 4. 2. subs. by s. 4, ibid., for touching the amount.

section 22. of the ancient monuments preservation act : a magistrate of the third class shall not have jurisdiction to try any person charged with an offence against this act.

section 23. of the ancient monuments preservation act : 1 the central government 1 may, by notification in the official gazette, make rules for carrying out any of the purposes of this act. 2 the power to make rules given by this section is subject to the condition of the rules being made after previous publication. 1. the words or the l.g. omitted by the a.o. .

section 8. of the married womens property act : if a married woman whether married before or after the first day of january, possesses separate property, and if any person enters into a contract with her with reference to such property, or on the faith that her obligation arising out of such contract will be satisfied out of her separate property, such person shall be entitled to sue her, and to the extent of her separate property, to recover against her whatever he might have recovered in such suit had she been unmarried at the date of the contract and continued unmarried at the execution of the decree : 1 provided that nothing herein contained shall a entitle such person to recover anything by attachment and sale or otherwise out of any property which has been transferred to a woman or for her benefit on condition that she shall have no power during her marriage to transfer or charge the same or her beneficial interest therein, or b affect the liability of a husband for debts contracted by his wifes agency expressed or implied. 1. subs. by act 21 of , s. 2, for the proviso.

section 1. of the married womens property act : this act may be called the married womens property act, .

section 2. of the married womens property act : 1 it extends to the whole of india except the state of jammu and kashmir. but nothing herein contained applies to any married woman who at the time of her marriage professed the hindu, muhammadan, buddhist, sikh or jain a religion, or whose husband, at the time of such marriage, professed any of those religions. and the 2state government may from time to time, by order, either retrospectively from the passing of this act or prospectively, exempt from the operation of all or any of the provisions of this act the members of any race, sect or tribe or part of a race, sect or tribe, to whom it may consider it impossible or inexpedient to apply such provisions. the 2state government may also revoke any such order, but not so that the revocation shall have any retrospective effect. all orders and revocations under this section shall be published in the official gazette. 3 1. subs. by act 61 of , s. 2, for the former para. w.e.f. . 2. the original words g.g. in c. have successively been amended by act 38 of , the a.o. and the a.o. to read as above. 3. the last paragraph rep. by act 39 of , s. 392 and the ninth schedule. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the married womens property act : 17. married women may take legal proceedings.a married woman may maintain a suit in her own name for the recovery of property of any description which, by force of the said indian succession act, 10 of or of this act, is her separate property and she shall have, in her own name, the same remedies, both civil and criminal, against all persons, for the protection and security of such property, as is she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried. 1. cf. the married womens property act, 33 and 34 vict., c.93, s. 11, rep. by the married womens property act, 45 and 46 vict., c.75. 2. see now the indian succession act, 39 of .

section 4. of the married womens property act : 14. married womens earnings to be their separate property.the wages and earnings of any married woman acquired or gained by her after the passing of this act, in any employment, occupation or trade carried on by her and not by her husband, and also any money or other property so acquired by her through the exercise of any literary, artistic or scientific skill, and all savings from and investments of such wages, earnings and property, shall be deemed to be her separate property, and her receipts alone shall be good discharges for such wages, earnings and property. 1. cf. the married womens property act 33 and 34 vict., c. 93, s. 1, now rep. by married womens property act, 45 and 46 vict., c. 75.

section 10. of the married womens property act : 1, where a woman is a trustee, executrix or administratrix, either before or after marriage, her husband shall not, unless he acts or intermeddles in the trust or administration, be liable for any breach of trust committed by her, or for any misapplication, loss or damage to the estate of the deceased caused or made by her, or for any loss to such estate arising from her neglect to get in any part of the property of deceased. 1. ins. by act 18 of , s. 3.

section 3.. of the married womens property act : commencement. rep. by the repealing act, 12 of , s. 1 and schedule.

section 5. of the married womens property act : 1any married woman may effect a policy of insurance on her own behalf and independently of her husband and the same and all benefit, thereof, if expressed on the face of it to be so effected, shall enure as her separate property, and the contract evidenced by such policy shall be as valid as if made with an unmarried woman. 1. cf. the married womens property act, 33 and 34 vict., c. 93, s. 10, para. 1.

section 6. of the married womens property act : 16. insurance by husband for benefit of wife. 21 a policy of insurance effected by any married man on his own life, and expressed on the face of it to be for the benefit of his wife, or of his wife and children, or any of them, shall ensure and be deemed to be a trust for the benefit of his wife, or of his wife and children, or any of them, according to the interest so expressed, and shall not, so long any object of the trust remains, be subject to the control of the husbands or to his creditors, or form part of his estate. when the sum secured by the policy becomes payable, it shall, unless special trustees are duly appointed to receive and hold the same, be paid to the official trustee of the 3state in which the office at which the insurance was effected is situated, and shall be received and held by him upon the trusts expressed in the policy, or such of them as are then existing. and in reference to such sum he shall stand in the same position in all respects as if he had been duly appointed trustee thereof by a high court, under act no. 17 of to constitute an office of official trustee, section 10. nothing herein contained shall operate to destroy or impede the right of any creditor to be paid out of the proceeds of any policy of assurance which may have been effected with intent to defraud creditors. 5 2 notwithstanding anything contained in section 2, the provisions of subsection 1 shall apply in the case of any policy of insurance such as is referred to therein which effected a by any hindu, muhammedan, sikh or jain i in madras, after the thirtyfirst day of december, , or ii in any other territory to which this act extended immediately before the commencement of the married womens property extension act, 61 of , after the first day of april, , or iii in any territory to which this act extends on and from the commencement of the married womens property extension act, 61 of , b by a buddhist in any territory to which this act extends, on or after the commencement of the married womens property extension act, 61 of : provided that nothing herein contained shall affect any right or liability which has accrued or been incurred under any decree of a competent court passed i before the first day of april, , in any case to which subclause i or subclause ii of clause a applies or ii before the commencement of the married womens property extension act, , in any case to which subclause iii of clause a or clause b applies. 1. cf. the married womens property act, 33 and 34 vict., c. 93, s.10, para. 2. 2. s. 6 renumbered as subsection 1 of that section by act 13 of , s. 2. 3. the word presidency has been successively amended by the a.o. , the a.o. and the adaptation of laws no. 2 order, , to read as above. 4. the relevant provisions of the official trustees act, 2 of may be referred to. 5. subs. by act 61 of , s. 3 for subsection 2, w.e.f. , earlier inserted by 13 of , s. 2.

section 9. of the married womens property act : 19. husband not liable for wifes antenuptial debts.a husband married after the thirtyfirst day of december, shall not by reason only of such marriage be liable to the debts of hi s wife contracted before marriage, but the wife shall be liable to be sued for, and shall, to the extent of her separate property, be liable to satisfy such debts as if he had continued unmarried: provided that nothing contained in this section shall 2 invalidate any contract into which a husband may, before the passing of this act, have entered in consideration of hi s wifes antenuptial debts. 1. cf. the married womans property act, 33 and 34 viet., c. 93, s. 12. 2. the words affect any suit instituted before the passing of this act, not rep. by act 12 of , s. 2 and the first schedule.

section 6a. of the salary allowances and pension of members of parliament act : 16a. free transit by steamer.1 2without prejudice to the provisions of section 6, every member representing the union territory of andaman and nicobar islands or the union territory of lakshadweep shall a be provided with one free nontransferable pass which shall entitle him to travel at any time by the highest class by steamer to and from any part of his constituency and any other part of his constituency or the nearest part in the main land of india and b be entitled to an amount equal to the fare by air from his usual place of residence to the nearest airport in the main land of india 3and back: provided that nothing in this subsection shall be construed as absolving the member from payment of any diet charges payable by him during such travel. 2 a free steamer pass issued to a member under subsection 1 shall be valid for the term of his office and on the expiration of his term, the pass shall be surrendered to the secretary of the house of the people: provided that where any such pass is issued to a new member before he takes his seat in the house of the people, he shall be entitled to use the pass for attending a session of that house for taking his seat therein. 3 until a member is provided with a free steamer pass under subsection 1, he shall be entitled to an amount equal to one fare without diet for the highest class for any journey of the nature referred to in subsection 1 of section 4 performed by him by steamer. 4 a member who on ceasing to be a member surrenders the steamer pass issued to him under subsection 1, shall, if he performs any return journey by steamer of the nature referred to in subsection 1 of section 4, be entitled in respect of that journey to an amount equal to one fare without diet for the highest class. 5 nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this act. 6 in addition to 4the facilities provided to a member under subsection 1, he shall also be entitled i to one free pass for one person to accompany the member and travel by the 5highest class class by steamer to and from any part of the constituency of the member and any other part of his constituency or the nearest port in the main land of india 6or ii to one free nontransferable pass for the spouse, if any, of the member to travel by the highest class by steamer to and from the usual place of residence of the member in his constituency and the nearest port in the main land of india, 7at any time between the island and the main land of india and 8iii to an amount equal to the fare by air either for the spouse, if any, of the member or for one person to accompany the member from the usual place of residence in the island to the nearest airport of the main land of india 9and back: provided that nothing in this subsection shall be construed as absolving the person accompanying the member or the spouse of the member from payment of any diet charges payable by such person or spouse during such travel. 1. ins. by act 29 of , s. 4 w.e.f. . 2. subs. by act 60 of , s. 5, for the opening paragraph w.e.f. . 3. ins. by act 30 of , s. 2 w.e.f. . 4. subs. by act 60 of , s. 5, for a free steamer pass issued to a member w.e.f. . 5. subs. by s. 5, ibid., for lowest class w.e.f. . 6. subs. by s. 5, ibid., for and w.e.f. . 7. subs. by act 60 of , s. 5, for once during every session w.e.f. . 8. ins. by s. 5, ibid. w.e.f. . 9. ins. by act 30 of , s. 2 w.e.f. .

The Salary, Allowances and Pension of Members of Parliament Act, 1954

section 1. of the salary allowances and pension of members of parliament act : 1 this act may be called the 1salary, allowances and pension of members of parliament act, . 2 it shall come into force on the first day of june, . 1. subs. by s. 3, ibid., for salaries and allowances w.e.f. .

section 6. of the salary allowances and pension of members of parliament act : 16. free transit by railway.1 every member shall be provided with one free nontransferable 2first class airconditioned or executive class of any train pass which shall entitle him to travel at any time by any railway in india. explanation.3for the purposes of this subsection and sections 6a and 6b, a member shall include a minister as defined in the salaries and allowances of ministers act, 58 of , 4a leader of the opposition as defined in the salary and allowances of leader of opposition in parliament act, 33 of and an officer of parliament as defined in the salaries and allowances of officers of parliament act, 20 of , other than the chairman of the council of states. 2 a free railway pass issued to a member under subsection 1 shall be valid for the term of his office and on the expiration of such term, the pass shall be surrendered to the secretary of the house of the people or the council of states, as the case may be: provided that where any such pass is issued to a new member before he takes his seat in either house of parliament, he shall be entitled to use the pass for attending a session of that house for taking his seat therein. 3 until a member is provided with a free railway pass under subsection 1 he shall be, and shall be deemed always to have been entitled to an amount equal to one 5first class airconditioned or or executive class of any train fare for any journey of the nature referred to in subsection 1 of section 4 performed by him by rail. 4 a member who on ceasing to be a member surrenders his pass shall, if he performs any return journey by rail of the nature referred to in subsection 1 of section 4, be entitled and be deemed always to have been entitled in respect of that journey to an amount equal to one 5first class airconditioned or executive class of any trains fare. 5 nothing in this section shall be construed as disentitling a member to any travelling allowances to which he is otherwise entitled under the provisions of this act. 1. subs. by act 55 of , s. 5, for section 6 w.e.f. . 2. subs. by act 16 of , s. 3, for airconditioned two tier w.e.f. . 3. subs. by act 29 of , s. 3, for for the purposes of this subsection and section 6a w.e.f. . 4. ins. by act 33 of , s. 11 w.e.f. . 5. subs. by act 16 of , s. 3, for airconditioned twotier w.e.f. .

section 2. of the salary allowances and pension of members of parliament act : in this act, a committee means a committee of either house of parliament, and includes a joint committee of both houses 1aa dependent means any of the following relatives of a deceased member, namely: i a minor legitimate son, and an unmarried legitimate daughter and a widowed mother or ii if wholly dependent on the earnings of the member at the time of his death, a son or a daughter who has attained the age of eighteen years and who is infirm or iii if wholly or in part dependent on the earnings of the member at the time of his death, a the parent or b a minor brother or an unmarried sister or c a widowed daughterinlaw or d a minor child of a predeceased son or e a minor child of a predeceased daughter where no parent of the child is alive or f the paternal grandparent if no parent of the member is alive or g such other person as may be specified by the rules made under section 9 by the joint committee b member means a member of either house of parliament, 2but, save as otherwise expressly provided in this act, does not include i a minister as defined in the salaries and allowances of ministers act, 58 of 3 4ii a leader of the opposition as defined in the salary and allowances of leaders of opposition in parliament act, 33 of and 5iii an officer of parliament as defined in the salaries and allowances of officers of parliament act, 20 of c new member means a member who takes his seat in either house of parliament after the commencement of this act and includes a member who is reelected or renominated d period of residence on duty means the period during which a member resides at a place where a session of a house of parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted, for the purpose of attending such session or sitting or for the purpose of attending to such other business, and includes i in the case of session of a house of parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and a period of such residence, not exceeding three days, immediately succeeding the 6date on which the house of parliament is adjourned sine die or for a period exceeding seven days, and ii in the case of a sitting of a committee or any other business a period of such residence, not exceeding two days, immediately preceding the commencement of the business of the committee or other business and a period of such residence, not exceeding two days, immediately succeeding the conclusion of the business of the committee or other business explanation.a member who ordinarily resides at a place where a session of a house of parliament or a sitting of a committee is held or where any other business connected with his duties as such member is transacted shall, for the duration of the session or sitting or the time occupied for the transaction of other business including the three or two days immediately preceding or succeeding, be deemed to reside at such place for the purpose of attending such session or sitting or, as the case may be, for the purpose of attending to such other business e term of office means, a in relation to a person who is a member at the commencement of this act, the period beginning with such commencement and ending with the date on which his seat becomes vacant 7b in relation to a new member, i where such new member is a member of the council of states elected in a biennial election, or nominated, to that house, the period beginning with the date of publication of the notification in the official gazette notifying his name under section 71 of the representation of the people act, 43 of or ii where such new member is a member of the house of the people elected in a general election held for the purpose of constituting a new house of the people, the period beginning with the date of publication of the notification of the election commission under section 73 of the said act or iii where such new member is a member of either house of parliament elected in a byeelection to that house or a member nominated to the house of the people, the period beginning with the date of his election referred to in section 67a of the said act or, as the case may be, the date of his nomination, and ending with, in each such case, the date on which his seat becomes vacant. 1. ins. by act 9 of , s. 2 w.e.f. . 2. subs. by act 55 of , s. 2, for but does not include w.e.f. . 3. the word and omitted by act 33 of , s. 11 w.e.f. . 4. ins. by s. 11, ibid. w.e.f. . 5. subclause ii renumbered as subclause iii by s. 11, ibid. w.e.f. . 6. subs. by act 55 of , s. 2, for end of the session w.e.f. . 7. subs. by act 105 of , s. 4, for subclause b w.e.f. .

section 6aa. of the salary allowances and pension of members of parliament act : 16aa. special facility to members from ladakh.1 without prejudice to the provisions of section 6, every member who has his ordinary place of residence in the ladakh area of the state of jammu and kashmir shall be entitled to an amount equal to the fare by air for each single journey by air performed by him from any airport in ladakh to the airport in delhi and back at any time. 2 in addition to the air travel provided to a member under subsection 1, he shall also be entitled to an amount equal to the fare by air for each single journey by air performed by the spouse, if any, of the member or one person to accompany such member, from any airport in ladakh area to the airport in delhi and back at any time. 1. ins. by act 60 of , s. 6 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 3. of the salary allowances and pension of members of parliament act : 11 a member shall be entitled to receive 2a salary at the the rate of 3one lakh rupees per mensem during the whole of his term of office 4and subject to any any rules made under this act 5an allowance at the rate of two thousand rupees for each day during any period of residence on duty: 61a notwithstanding anything contained in subsection 1, the salary payable to members of parliament under subsection 1 shall be reduced by thirty per cent. for a period of one year commencing from the 1st april, , to meet the exigencies arising out of corona virus covid19 pandemic. 7provided that no member shall be entitled to the aforesaid allowance unless he signs the register, maintained for this purpose by the secretariat of the house of the people or, as the case may be, council of states, on all the days except intervening holidays for which no such signing is required of the session of the house for which the allowance is claimed. 8provided further that the rates of salary specified in this section shall be applicable from the 18th 18th day of may, . 92 the salary and daily allowance of members shall be increased after every five years commencing from 1st april, on the basis of cost inflation index provided under clause v of explanation to section 48 of the incometax act, 43 of . 1. section 3 numbered as subsection 1 thereof by act 13 of , s. 142 w.e.f. . 2. subs. by act 37 of , s. 2, for a salary at the rate of sixteen thousand rupees per mensem w.e.f. . 3. subs. by act 13 of , s. 142, for fifty thousand rupees w.e.f. . 4. subs. by act 55 of , s. 3, for plus w.e.f. . 5. subs. by act 37 of , s. 2, for an allowance at the rate of one thousand rupees for each day w.e.f. . 6. ins. by act 19 of , s. 2 w.e.f. . 7. ins. by act 48 of , s. 2 w.e.f. . 8. subs. by act 37 of , s. 2, for the second proviso w.e.f. . 9. ins. by act 13 of , s. 142 w.e.f. .

section 4. of the salary allowances and pension of members of parliament act : 1 there shall be paid to each member in respect of every journey performed by him 1in india for the purpose of attending a session of a house of parliament or a meeting of a committee or for the purpose of attending to any other business connected with his duties as a member, from his usual place of residence to the place where the session or the meeting is to be held or the other business is to be transacted and for the return journey from such place to his usual place of residence 2 b if the journey is performed by air, an amount equal to one 3 air fare for each such journey c if the journey or any part thereof cannot be performed by rail or air 4i where the journey or any part thereof is performed by steamer, an amount equal to one 5 fare without diet for the highest class in the steamer for each such journey or part thereof, or, if there is no regular steamer service, such amount for each such journey or part thereof as may be prescribed by rules made under section 9 ii where the journey or any part thereof is performed by road, 6a road mileage at the rate of sixteen rupees per kilometre for each such journey or part thereof: 7provided that when parliament is in session and the spouse of a member, if any, performs such journey or part thereof by road, unaccompanied by such member, in respect of which such spouse has been allowed to travel by air or partly by air and partly by rail from the usual place of residence of the member to delhi or back under subsection 2 of section 6b, the road mileage prescribed under this subclause shall be allowed to such member for such journey or part thereof, subject to the condition that the total number of such journeys shall not exceed eight in a year: 8provided further that where a member performs journey by road in delhi from and to an aerodrome, he shall be paid a minimum amount of one hundred and twenty rupees for each such journey. 9 explanation.for the purposes of subclause ii of clause c of this subsection, the expression journey shall include the journey from and to the railway station, port or aerodrome to and from the usual place of residence of the member or, as the case may be, the residence of the member at the place where the session of the house of parliament or a meeting of the committee is to be held or where any other business is to be transacted. 2 notwithstanding anything contained in subsection 1, a member who performs a journey by road between places connected by rail or steamer, either wholly or in part, may draw the mileage allowance referred to in subclause ii of clause c of subsection 1 in place of the travelling allowance which would have been admissible to him if he had travelled by rail or steamer, as the case may be. 10provided that the total amount of travelling allowance drawn by such member for the entire journey shall not exceed the amount which would have been admissible to him had he performed such journey by rail or by steamer, as the case may be: provided further that the first proviso shall be applicable to such journey only where the places of the journey are connected by express, mail or superfast train: 11provided also that the first proviso shall not be applicable to a member who, in the opinion of the chairman of the council of states or, as the case may be, the speaker of the house of the people, is so incapacitated physically and cannot travel by air or train: 12provided also that in case a member resides within a distance of three hundred kilometers from delhi, he or his spouse, for the journey performed by him by road, may draw the mileage allowance referred to in subclause ii of clause c of subsection 1 in place of the travelling allowance which would have been admissible to him had he performed such journey by rail or by road, as the case may be: provided also that in case a member resides in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland, sikkim or tripura, he or his spouse may draw the mileage allowance referred to in subclause ii of clause c of subsection 1 for journey performed by him by road from his residence in any of the said states to the nearest airport. 133 there shall be paid to a member in respect of a journey performed by him in the course of a tour outside india undertaken in the discharge of his duties as such member, such travelling and daily allowances as may be prescribed by rules made under section 9. 144 there shall be paid to a person a who has been elected in a biennial election as a member of the council of states but the notification in the official gazette notifying his name under section 71 of the representation of the people act, 43 of has not been published in the official gazette or b who has been elected as a member of the house of the people in a general election held for the purpose of constituting a new house of the people but the notification in the official gazette notifying his name under section 73 of the representation of the people act, 43 of has not been published in the official gazette or c who has been elected in a byeelection as a member of either house of parliament or nominated as a member to either house of parliament, an amount equivalent to the fare in respect of every journey performed by him for coming to delhi before the publication of notification referred to in clause a or clause b, or election or nomination under clause c: provided that in case the journey is performed by rail or steamer or road, he shall be entitled to the reimbursement of the fare or road mileage to which a member is entitled: provided further that in case he performs the journey by air, such journey shall be included for the purpose of counting thirtytwo journeys referred to in the first proviso to subsection 2 of section 5. 1. ins. by act 55 of , s. 4 w.e.f. . 2. clause a omitted by act 13 of , by s 143 w.e.f. . 3. the words and one fourth of the omitted by s. 143, ibid. w.e.f. . 4. subs. by act 55 of , s. 4, for subclause i w.e.f. . 5. the words and threefifth of the omitted by act 13 of , s. 143 w.e.f. . 6. subs. by act 37 of , s. 3, a road mileage at the rate of thirteen rupees per kilometer w.e.f. . 7. subs. by s. 3, ibid., for the first proviso w.e.f. . 8. ins. by act 48 of , s. 3 w.e.f. . 9. the third proviso omitted by act 37 of , s. 3 w.e.f. . 10. ins. by act 17 of , s. 2 w.e.f. . 11. ins. by act 40 of , s. 3 w.e.f. . 12. ins. by act 9 of , s. 3 w.e.f. . 13. ins. by act 55 of , s. 4 w.e.f. . 14. ins. by act 9 of , s. 3 w.e.f. .

section 5. of the salary allowances and pension of members of parliament act : 11 where a member absents himself for less than fifteen days during a session of a house of parliament or a sitting of a committee for visiting any place in india, he shall be entitled to receive travelling allowances in respect of such journey to such place and for the return journey a if the journey is performed by rail, equal to 2one first class fare for each such journey irrespective of the class in which the member actually travels b 3if the journey, being a journey during the sitting of the committee is performed by air, equal to one fare by air for each such journey: provided that such travelling allowances shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not so remained absent: 4provided further that nothing in the first proviso shall apply, if the member performs the journey by air for visiting any place in india not more than once during a sitting of the committee 51a notwithstanding anything contained in subsection 1, a member shall be entitled to receive travelling allowances in respect of every journey performed by air for visiting any place in india during the interval not exceeding 6five days between two sittings of a department related standing committee when a house of parliament is adjourned for a fixed period during the budget session: provided that such travelling allowances, excluding the air fare, shall not exceed the total amount of daily allowances which would have been admissible to such member under section 3 for the days of absence if he had not remained absent. 72 every member shall be entitled to an amount equal to the fare by air for each single journey by air other than a journey referred to in section 4 or the second proviso to subsection 1 of this section or section 6c performed by him 8either alone or along with spouse or any number of companions or relatives, from any place in india to any other place in india during his term of office as such member: 9provided that the total number of such journeys under this subsection shall be thirtyfour journeys per year: 10provided further that where the number of journeys performed by any member by air is 11less than thirtyfour, then, such number of journeys not performed by him shall be carried over to the following year: 12provided also that the spouse or companion of a member, as the case may be, may alone perform maximum eight journeys by air from any place of india to the place in india for the purpose of visiting such member and such journey shall be included for the purpose of counting 13thirtyfour journeys referred to in the first proviso to subsection 2: 14provided also that in case any member avails a total number of journeys by air more than thirtythirtyfour, such journeys permissible to him, in the year, he may be allowed to adjust not exceeding eight such journeys from the entitled number of journeys which may accrue in his credit in the next following year. 153 notwithstanding anything contained in subsection 2, there shall be paid to a member who, who, in the opinion of the chairman of the council of states or, as the case may be, the speaker of the house of the people, is so incapacitated physically and therefore cannot perform air or travel journey, road mileage for the entire journey. explanation 1.the provisions of clause c of subsection 1 and subsection 2 of section 4 shall, so far as may be, apply to travelling allowances payable under this section as they apply to travelling allowances payable under that section. explanation ii.for the purposes of this section, year means, i in the case of a person who is a member at the commencement of the salary, allowances and pension of members of parliament amendment act, 74 of , the year beginning with such commencement and each of the subsequent years ii in the case of a person who becomes a member after such commencement, the year beginning with the date on which his term of office as such member commences and each of the subsequent years. 16explanation iii.for the purposes of subsection 2, any journey performed by the 17spouse, companions or relatives shall be added in computing the limit of 18thirtyfour journeys specified in the proviso to that subsection. 1. section 5 renumbered as subsection 1 of that section by act 105 of , s. 5 w.e.f. . 2. subs. by act 9 of , s. 2, for one second class fare w.e.f. . 3. subs. by act 74 of , s. 3, for if the journey w.e.f. . 4. subs. by s. 3, ibid., for the second proviso and the explanation w.e.f. . 5. ins. by act 18 of , s. 2 w.e.f. . 6. subs. by act 40 of , s. 4, for seven days w.e.f. . 7. subs. by act 74 of , s. 3, for subsection 2 w.e.f. . 8. subs. by act 16 of , s. 2, for either alone or along with companion or spouse, w.e.f. . 9. subs. by act 40 of , s. 4, for the first proviso w.e.f. . 10. the proviso inserted by act 28 of , s. 4 w.e.f. . 11. subs. by act 40 of , s. 4, for less than thirtytwo w.e.f. . 12. ins. by act 9 of , s. 4 w.e.f. . 13. subs. by act 40 of , s. 4, for thirtytwo journeys w.e.f. . 14. ins. by act 40 of , s. 4 w.e.f. . 15. ins. by s. 4, ibid. w.e.f. . 16. ins. by act 3 of , s. 2 w.e.f. . 17. subs. by act 16 of , s. 2, for the companion or the spouse shall be added in computing the limit of twentyeight journeys specified in the proviso to that subsection. w.e.f. . 18. subs. by act 40 of , s. 4, for thirtytwo journeys w.e.f. .

section 5a. of the salary allowances and pension of members of parliament act : 15a. transit accommodation.where a person referred to in subsection 4 of section 4 comes to delhi, he shall be entitled to such transit accommodation for such period as may be specified by the rules made under clause ccc of subsection 3 of section 9 by the joint committee. 1. ins. by act 9 of , s. 5 w.e.f. .

section 6b. of the salary allowances and pension of members of parliament act : 16b. travel facilities to members.21 without prejudice to the other provisions of this act, act, every member shall be entitled to i one free airconditioned twotier class railway pass for one person to accompany the member when he travels by rail and ii free travel by any railway in india in first class airconditioned or executive class in any train with the spouse, if any, of the member from any place in india to any other place in india and if such journey or part thereof is performed by air, from any place other than usual place of residence of the member, to delhi and back, to an amount equal to the fare by air for such journey or part thereof or the amount equal to the journey performed by air from the usual place of the residence of the member to delhi and back, whichever is less: 3provided that where a member has no spouse, such member may be accompanied by any person person in place of the spouse, and notwithstanding anything containing in clause i, the person so accompanying shall be entitled to every facility available to the spouse. 42 notwithstanding anything contained in clause ii of subsection 1, the spouse of a member member shall be entitled to travel, a any number of times, by railway in first class airconditioned or executive class in any train from the usual place of residence of the member to delhi and back and b when parliament is in session, by air or partly by air and partly by rail, from the usual place of residence of the member to delhi or back, subject to the condition that the total number of such air journeys shall not exceed eight in a year: provided that where any such journey or part thereof is performed by air from any place other than the usual place of residence of the member to delhi and back, then, such spouse shall be entitled to an amount equal to the fare by air for such journey or part thereof, as the case may be, or to the amount equal to the journey performed by air from the usual place of residence of the member to delhi and back, whichever is less. 1. subs. by act 16 of , s. 4, for section 6b w.e.f. . 2. section 6b renumbered as subsection 1 by act 17 of , s. 3 w.e.f. . 3. ins. by s. 3, ibid. w.e.f. . 64. subs. by act 37 of , s. 4, for subsection 2 w.e.f. .

section 8aa. of the salary allowances and pension of members of parliament act : 18aa. travel facility to exmembers. 21 every person who is not a sitting member but has served for any period as a member of either house of parliament shall be, a with effect from the 18th day of january, , entitled along with a companion to travel in any train by any railway in india in airconditioned twotier class or b entitled to travel alone in any train by any railway in india in airconditioned first class, without payment of any charges on the basis of an authorisation issued for this purpose by the secretariat of either house of parliament, as the case may be. 32 every person who is not a sitting member but has served for any period as a member from the andaman and nicobar islands or the lakshadweep, shall be entitled to travel by the highest class of accommodation in any steamer sailing between the andaman and nicobar islands or, as the case may be, the lakshadweep and the main land territory of india in addition to the facilities available to such member under subsection 1, without payment of any charges on the basis of an authorisation issued for this purpose by the secretariat of either house of parliament. 1. subs. by act 9 of , s. 7, for section 8aa w.e.f. . 2. section 8aa numbered as subsection 1 by act 40 of , s. 8 w.e.f. . 3. ins. by s. 8, ibid. w.e.f. .

section 6c. of the salary allowances and pension of members of parliament act : 16c. air travel facilities in certain circumstances.without prejudice to the other provisions of this act, where during any part of a year the usual place of residence of a member in his constituency is inaccessible to or from any place outside his constituency by road. rail or steamer due to climatic conditions, but there is air service between any place in his constituency, and the nearest place, having rail service, outside his constituency, such member shall be entitled to travel to and from by air from the nearest place in his constituency where there is air service to such place having rail service: provided that where the nearest place having air service is outside his constituency, such member shall be entitled to travel to and from by air only from such place to the nearest place having rail service. 1. ins. by act 105 of , s. 6, w.e.f. .

section 8ab. of the salary allowances and pension of members of parliament act : 18ab. rounding off period of pension.where the period for which the pension is payable under this act contains a part of a year, then, if such part is nine months or more, it shall be reckoned equivalent to complete one year for the purpose of payment of additional pension under subsection 1 of section 8a and if such part is less than nine months, it shall be ignored. 1. ins. by act 9 of , s. 8 w.e.f. .

section 6d. of the salary allowances and pension of members of parliament act : 16d. special facilities to blind and physically incapacitated members.a member who is blind or who is, in the opinion of the chairman of the council of states or, as the case may be, the speaker of the house of the people, so incapacitated physically as to require the facility of an attendant shall, with respect to each such journey i by air as is referred to in clause b of subsection 1 of section 4 or clause b of subsection 1 or subsection 2 of section 5 or section 6c which he performs along with an attendant be entitled in addition to the allowances which he is entitled under section 4 or section 5 or, as the case may be, section 6c to an amount equal to one fare by air for such journey ii by rail as is referred to in section 4, section 5, section 6 or section 6b be allowed the facility of the one free railway pass for an attendant, to attend such member, in the same class in which such member travels in lieu of one free airconditioned twotier class railway pass under clause i of subsection 1 of section 6b. 2iii by road as is referred to in section 4 or section 5, be entitled to an amount equal to one road mileage. 1. subs. by act 17 of , s. 4, for section 6d w.e.f.. 2. ins. by act 40 of , s. 5 w.e.f. .

section 8ac. of the salary allowances and pension of members of parliament act : 18ac. family pension.1 on the death of a member of either house of parliament during his term of office, his spouse, if any, or dependent of such member shall be paid during the remaining period of life of such spouse or, as the case may be, such dependent so long as such dependent continues to be a dependent within the meaning of clause aa of section 2, family pension equivalent to onehalf of the pension which such member of parliament would have received had he retired: provided that no such family pension shall be payable to a dependent if such dependent is a sitting member of parliament or is drawing pension under section 8a. 2 the family pension payable under subsection 1 shall also be payable to the spouse or dependent of a person who was a member of either house of parliament or the provisional parliament at any time 2 and died after serving as such member: provided that such spouse or dependent is not drawing any pension under this act or is not entitled to draw family pension under the proviso to subsection 1: provided further that no person shall be entitled to claim arrears of any family pension under this subsection in respect of a period before the commencement of the salary, allowances and pension of members of parliament amendment act, 40 of . explanation. for the purposes of this section, provisional parliament shall include the body which functioned as the constituent assembly of the dominion of india immediately before the commencement of the constitution. 1. ins. by act 40 of , s. 9 w.e.f. . 2. the words, brackets and figures before the commencement of the salary, allowances and pension of members of parliament amendment act, 40 of omitted by act 13 of , s. 145 w.e.f. .

section 7. of the salary allowances and pension of members of parliament act : 1where the intervals between the adjournment of a house house of parliament or, as the case may be, one sitting of a committee and the reassembly of that house or the next sitting of the committee at the same place does not exceed 2five days and the member concerned elects to remain at such place during the interval, he shall be entitled to draw for each day of residence at such place a daily allowance at the rate specified in section 3: provided that, if the member leaves such place during the interval, his absence from the place shall be treated as absence during a session of a house of parliament or a sitting of the committee, as the case may be, and the provisions of section 5 shall apply accordingly. 1. subs. by act 55 of , s. 6, for where the interval between the termination of one session of a house of parliament or, as the case may be, one sitting of a committee and the commencement of another session or sitting at the same place w.e.f. . 2. subs. by act 40 of , s. 6, for seven days w.e.f. .

section 8. of the salary allowances and pension of members of parliament act : 18. constituency allowance and amenities.a member shall be entitled to such constituency allowance 2office expense allowance and to such medical facilities for himself and for members of his family and to such housing, telephone, water, electricity facilities or such amount in cash in lieu of all or any of such facilities, as may be prescribed by rules under section 9: 3provided that where the house of the people is sooner dissolved before completing five years from the date appointed for its first meeting, the member of such house may be allowed without payment, to such extent of the quota of free telephone calls or free units of electricity or free units in kilolitres of water, available to him for a year in which such dissolution of such house takes place, as remains unutilised on the date of such dissolution, to avail during the period commencing on and from the date of such dissolution and ending on the date immediately preceding the date on which the notification under section 73 of the representation of the people act, 43 of has been issued for the constitution of subsequent house of the people subject to the condition that such member shall be liable to pay for any telephone calls, in excess of the calls so allowed to be made during such period on the telephone provided to him by the government for such purpose, and units of electricity or kilolitres of water consumed in excess of the free electricity or kilolitres of water allowed: provided further that where the member referred to in the first proviso becomes member of the subsequent house of the people as referred to be constituted in that proviso, then, he shall be entitled for the adjustment of the excess telephone calls, units of electricity, kilolitres of water for the payment of which he is liable under the first proviso against the quota of free telephone calls, units of electricity and kilolitres of water for which he is entitled during the first year of the duration of such subsequent house of the people. 1. subs. by act 74 of , s. 5, for section 8 w.e.f. . 2. ins. by act 60 of , s. 8 w.e.f. . 3. ins. by act 17 of , s. 5 w.e.f. .

section 8a. of the salary allowances and pension of members of parliament act : 18a. pension.21 with effect from the 18th day of may, , there shall be paid a pension of 3twenty five thousand rupees per mensem to every person who has served for any period as a member of the provisional parliament or either house of parliament: provided that where a person has served as a member of the provisional parliament or either house of parliament for a period exceeding five years, there shall be paid to him an additional pension of 4two thousand rupees per mensem for every year served in excess of five years. explanation.for the purpose of this subsection, provisional parliament shall include the body which functioned as the constituent assembly of the dominion of india immediately before the commencement of the constitution. 51a the pension and additional pension to every person shall be increased after every five years years commencing from 1st april, on the basis of cost inflation index provided under clause v of explanation to section 48 of the incometax act, 43 of . 6 2 where any person entitled to pension under subsection 1, i is elected to the office of the president or vicepresident or is appointed to the office of the governor of any state or the administrator of any union territory or ii becomes a member of the council of states or the house of the people or any legislative assembly of a state or union territory or any legislative council of a state or the metropolitan council of delhi constituted under section 3 of the delhi administration act, 19 of or iii is employed on a salary under the central government or any state government or any corporation owned or controlled by the central government or any state government, or any local authority or becomes otherwise entitled to any remuneration from such government, corporation or local authority, such person shall not be entitled to any pension under subsection 1 for the period during which he continues to hold such office or as such member, or is so employed, or continues to be entitled to such remuneration: provided that where the salary payable to such person for holding such office or being such member or so employed, or where the remuneration referred to in clause iii payable to such person, is, in either case, less than the pension payable to him under subsection 1, such person shall be entitled only to receive the balance as pension under that subsection. 73 where any person entitled to pension under subsection 1 is also entitled to any other pension, such person shall be entitled to receive the pension under subsection 1 in addition to such other pension. 4 in computing the number of years, for the purposes of subsection 1, the period during which a person has served as a minister as defined in the salaries and allowances of ministers act, 58 of or 8as an officer of parliament as defined in the salaries and allowances of officers of parliament act, 20 of , other than the chairman of the council of states 9or as a leader of the opposition as defined in the salary and allowances of leaders of opposition in parliament act, 33 of , or has served in all or any two of such capacities by virtue of his membership in the house of the people or in the council of states shall also be taken into account. 1. ins. by act 105 of , s. 7 w.e.f. . 2. subs. by act 37 of , s. 5, for subsection 1 w.e.f. . 3. subs. by act 13 of , s.144, for twenty thousand rupees w.e.f. . 4. subs. by s, 144, ibid., for fifteen hundred rupees w.e.f. . 5. ins. by s.144, ibid. w.e.f. . 6. subsection 1a and the explanation thereunder omitted by act 40 of , s. 7 w.e.f. . 7. subs. by act 48 of , s. 4, for subsection 3 w.e.f. . 8. subs. by act 33 of , s. 11, for an officer of parliament w.e.f. . 9. subs. by s. 11, ibid., for or both w.e.f. .

section 10. of the salary allowances and pension of members of parliament act : validation of payment of certain travelling allowances. rep. by the repealing and amending act, 58 of , s. 2 and the first schedule.

section 8b. of the salary allowances and pension of members of parliament act : 18b. advances for purchase of conveyance.there may be paid to a member by way of repayable advance such sum of money not exceeding 2four lakh rupees as may be determined by rules made in this behalf under section 9 for the purchase of a conveyance. 1. ins. by act 74 of , s. 7 w.e.f. . 2. subs. by act 37 of , s. 6, for one lakh rupees w.e.f. .

section 9. of the salary allowances and pension of members of parliament act : show related subordinates 1 for the purpose of making rules under this section, there shall be constituted a joint committee of both houses of parliament consisting of five members from the council of states nominated by the chairman and ten members from the house of the people nominated by the speaker. 2 the joint committee constituted under subsection 1 shall elect its chairman and shall have power to regulate its procedure. 1 2a a member of the joint committee shall hold office as such member for one year from the date of his nomination and any casual vacancy in the joint committee may be filled by nomination by the chairman of the council of states or the speaker of the house of the people, as the case may be. explanation. in the case of a member of a joint committee holding office as such immediately before the commencement of the salaries and allowances of members of parliament amendment act, 55 of , the period of one year shall be computed from the date of such commencement. 3 the joint committee constituted under subsection 1 may 1 after consultation with the central government make rules to provide for all or any of the following matters, namely: a the routes for the performance of any journey 2 aa the person who may be specified as dependent under subclause g of clause aa of section 2 b the manner in which fractions of a day shall be dealt with for the purpose of determining the daily allowance admissible for that day c the travelling allowance admissible where a member is provided with free transit for the whole or any part of a journey 1 and the reduction of the daily allowance where a member is provided with free board or lodging at the expense of the government or a local authority 3 cc the date at which road mileage shall be paid under subclause ii of clause c of subsection 1 of section 4 2 ccc the transit accommodation and the period for which such accommodation may be provided under section 5a d the travelling allowance admissible where the place from which a member commences his journey or to which he returns is not his usual place of residence 4 dd the travelling allowance admissible in respect of journeys performed by any vessel where there is no regular steamer service ddd the travelling and daily allowances admissible for journeys performed by a member in the course of a tour outside india undertaken in connection with his duties as such member e the form in which certificates, if any, shall be furnished by a member for the purpose of claiming any allowance under this act 5 ee the form in which certificates, if any, shall be furnished by any person for the purpose of claiming any pension under this act 6 f the constituency allowance and medical and other facilities mentioned in section 8 and the amount to be paid in cash in lieu of such facilities ff the amount which may be paid by way of repayable advance for the purchase of conveyance the rate of interest thereon and the mode of recovery of such amount and interest thereon and 7 fff to provide for carry forward of unutilised free telephone calls pertaining to any year beginning on or after the 1st day of april, to any subsequent year g generally for regulating the payment of 8 daily and travelling allowances and pension under this act. 4 any rules made under subsection 3 shall not take effect until they are approved and confirmed by the chairman of the council of states and the speaker of the house of the people and are published in the official gazette, and such publication of the rules shall be conclusive proof that they have been duly made. 1. ins. by act 55 of , s. 8 w.e.f.. 2. ins. by act 9 of , s. 9 w.e.f. . 3. ins. by act 61 of , s. 4 w.e.f. . 4. ins. by act 55 of , s. 8 w.e.f. . 5. ins. by act 105 of , s. 8 w.e.f. . 6. subs. by act 74 of , s. 8, for clause f w.e.f.. 7. ins. by act 9 of , s. 9 w.e.f. . 8. subs. by act 105 of , s. 8, for daily and travelling allowances w.e.f. .

section 7. of the dentists act : 1 the president and vicepresident of the council shall be elected by the members thereof from among themselves: provided that on the first constitution of the council and until the president is elected, a member of the council nominated by the central government in this behalf shall discharge the functions of the president: provided further that for five years from the first constitution of the council, the president shall, if the central government so decides, be a person nominated by the central government, who shall hold office during the pleasure of the central government, and where he is not already a member, shall be a member of the council in addition to the members referred to in section 3. 2an elected president or vicepresident shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as member of the council, but subject to his being a member of the council, he shall be eligible for reelection.

section 1. of the dentists act : 1 this act may be called the dentists act, . 2 it extends to 1the whole of india 2. 1. subs. by the a.o. , for all the provinces of india. 2. the words except the state of jammu and kashmir omitted by act 42 of , s. 2 w.e.f. .

section 2a. of the dentists act : 2a. construction of references to laws not in force in jammu and kashmir. omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 2. of the dentists act : in this act, unless there is anything repugnant in the subject or context, a the council means the dental council of india constituted under section 3 b dental hygienist means a person not being a dentist or a medical practitioner, who scales, cleans or polishes teeth, or gives instruction in dental hygiene c dental mechanic means a person who makes or repairs denture and dental appliances d dentistry includes i the performance of any operation on, and the treatment on any disease, deficiency or lesion of, human teeth or jaws, and the performance of radiographic work in connection with human teeth or jaws or the oral cavity ii the giving of any anaesthetic in connection with any such operation or treatment iii the mechanical construction or the renewal of artificial dentures or restorative dental appliances iv the performance of any operation on, or the giving of any treatment, advice or attendance to, any person preparatory to, or for the purpose of, or in connection with, the fitting, inserting, fixing, constructing, repairing or renewing of artificial dentures or restorative dental appliances, and the performance of any such operation and the giving of any such treatment, advice or attendance, as is usually performed or given by dentists e dentist means a person who practises dentistry f medical practitioner means a person who holds a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 7 of , or specified in the schedules to the 1indian medical council act, of ,2or specified in any other law for the time being in force in any state, or who practises any system of medicine and is registered or is entitled to be registered in any 3state medical register by whatever name called g prescribed means prescribed by rules or regulations made under this act h 4state council means a 4state dental council constituted under section 21, and includes a joint 4state council constituted in accordance with an agreement under section 22 i register means a register maintained under this act 5j recognised dental qualification means any of the qualifications included in the schedule k recognised dental hygiene qualification means a qualification recognisedby the council under section 11 l registered dentist, registered dental hygienist and registered dental mechanic shall mean, respectively, a person whose name is for the time being registered in a register of dentists, a register of dental hygienists and a register of dental mechanics. 6 1. subs. bys. 3,ibid., for indian medical council act, 27 of w.e.f. . 2. ins. by act 12 of , s. 3. 3. subs. by the a.o. , for provincial. 4. subs. by the a.o. , for provincial. 5. subs. by act 42 of , s. 3, for clause j w.e.f. . 6. omitted by s. 3, ibid. w.e.f. .

section 6. of the dentists act : 1 subject to the provisions of this section an elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer: 2provided that a member nominated under clause e or clause f section 3, shall hold office during the pleasure of the authority nominating him. 2 an elected or nominated member may at any time resign his membership by writing under his hand addressed to the president and the seat of such member shall thereupon become vacant. 3 an elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the council, from three consecutive ordinary meetings of the council or, in the case of a member whose name is required to be included in a 1state register, if his name is removed from such register, or if he has been elected under clause c of section 3 3if he ceases to hold his appointment as the 4principal, dean, director or viceprincipal of a dental college, or as 5the head head of the dental wing of a medical college, or if he has been elected under clause b or d of section 3, if he ceases to be a member of the medical council of india or 6the dental or medical faculty of the university, as the case may be. 4 a casual vacancy in the council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. 5 members of the council shall be eligible for reelection or renomination. 6 no act done by the council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the council. 1 subs. by the a.o. , for provincial. 2 added by act 42 of , s. 6 w.e.f. . 3 subs. by act 12 of , s. 5, for if he ceases to hold his appointment as head of a college. 4 subs. by act 42 of , s. 6, for principal or viceprincipal w.e.f. . 5 subs. by act 12 of , s. 6, for a professor of dental surgery w.e.f. . 6 subs. by s. 5, ibid., for the medical faculty.

section 3. of the dentists act : the central government shall, as soon as may be, constitute a council consisting of the following members, namely: a one registered dentist possessing a recognised dental qualification elected by the dentists registered in part a of each 1state register b one member elected from amongst themselves by the members of the medical council of india 2 3c not more than four members elected from among themselves, by a principals, deans, directors and viceprincipals of dental colleges in the states training students for recognised dental qualifications: provided that not more than one member shall be elected from the same dental college b heads of dental wings of medical colleges in the states training students for recognised dental qualifications d one member from each university established by law in the states which grants a recognised dental qualification, to be elected by the members of the senate of the university, or in case the university has no senate, by the members of the court, from amongst the members of the dental faculty of the university or in case the university has no dental faculty, from amongst the members of the medical faculty thereof eone member to represent 4each state 5 nominated by the government of each such state from among persons registered either in a medical register or a dental register of the state 6explanation.in this clause, state does not include a union territory f six members nominated by the central government, of whom at least one shall be a registered dentist possessing a recognised dental qualification and practising or holding an appointment in an institution for the training of dentists in a 7union territory 8 9g the director general of health services, ex officio provided that pending the preparation of registers the 10state governments may nominate to the first council members referred to in parts a and e and the central government members referred to in part f out of persons who are eligible for registration in the respective registers and such persons shall hold office for such period as the 10state or central government may, by notification in the official gazette, specify. 1. subs. by the a.o. , for provincial. 2. subs. by act 12 of , s. 4, for clauses c, d and e. 3. subs. by act 42 of , for clause c w.e.f. . 4. subs. by the a.o. no. 3, , for each part a state and part b state other than the state of jammu and kashmir. 5. omitted by act 42 of , s. 5 w.e.f. . 6. added by s. 5, ibid. w.e.f. . 7. subs. by the a.o. no. 3, , for part c state. 8. the words and letter and at least two shall be dentists registered in part b of a state register omitted by act 13 of , s. 2 w.e.f. . 9. ins. by act 12 of , s. 4. 10. subs. by the a.o. , for provincial.

section 8. of the dentists act : show related subordinates 1 the council shall a appoint a secretary who may also, if so decided by the council, act as treasurer b appoint such other officers and servants as the council deems necessary to enable it to carry out its functions under this act c require and take from the secretary or from any other officer or servant such security for the due performance of his duties as the council considers necessary and d with the previous sanction of the central government, fix the fees and allowances of the president, vicepresident and other members of the council, and the pay and allowances and other conditions of service of officers and servants of the council. 2 notwithstanding anything contained in clause a of subsection 1, for the first four years from the first constitution of the council, the secretary of the council shall be a person appointed by the central government, who shall hold office during the pleasure of the central government.

section 5. of the dentists act : elections under this chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the central government whose decision shall be final.

section 10. of the dentists act : show related subordinates 110.recognition of dental qualifications.1 the dental qualifications, granted by any authority or institution in india, which are included in part i of the schedule shall be recognised dental qualifications for the purposes of this act. 2 any authority or institution in india which grants a dental qualification not included in part i of the schedule may apply to the central government to have such qualification recognised and included in that part, and the central government, after consulting the council, and after such inquiry, if any, as it may think fit for the purpose, may, by notification in the official gazette, amend part i of the schedule so as to include such qualification therein, and any such notification may also direct that , an entry shall be made in part i of schedule against such dental qualification declaring that it shall be a recognised dental qualification only when granted after a specified date. 3 a the dental qualifications, granted by any authority or institution outside india, which are included in part ii of the schedule shall be recognised dental qualifications only for the purposes of the registration of citizens of india when the register is first prepared under this act. b where any dental qualification granted by any authority or institution outside india, and held by a citizen of india, is recognised for the purposes of the register when it is first prepared, after the commencement of the dentists amendment act, 42 of , the central government may, after consultation with the council, by notification in the official gazette, amend part ii of the schedule so as to include therein the dental qualification so recognised. 4 a the dental qualifications granted by any authority or institution outside india, which are included in part iii of the schedule, shall be recognised dental qualifications for the purposes of this act, but no person possessing any such qualification shall be entitled for registration unless he is a citizen of india. b where any dental qualification granted by any authority or institution outside india, and held by a citizen of india, is recognised, except on reciprocal basis, after the commencement of the dentists amendment act, 42 of , the central government may, after consultation with the council, by notification in the official gazette, amend part iii of the schedule so as to include therein the dental qualification recognised. 5 the council may enter into negotiations with any authority or institution in any state or country outside india which, by law of any such state or country, is entrusted with the maintenance of a register of dentists, for the settling of a scheme of reciprocity for the recognition of dental qualifications and in pursuance of any such scheme, the central government may, by notification in the official gazette, declare that any such qualification granted by any authority or institution in any such state or country, or such qualification, only when granted after a specified date, shall be a recognised dental qualification for the purposes of this act, and any such notification may provide for an amendment of the schedule and may also direct that any such dental qualification as is specified in the notification shall be entered in the schedule as so amended. 6 the central government may, after consultation with the council, by notification in the official gazette, amend the schedule by directing that an entry be made therein in respect of any dental qualification declaring that it shall be a recognised dental qualification only when granted before a specified date. 1. subs. by s. 8, ibid., for section 10 w.e.f. .

section 4. of the dentists act : the council shall be a body corporate by the name of the dental council of india, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.

section 10d. of the dentists act : 110d. uniform entrance examination for undergraduate and postgraduate level.there shall be conducted a uniform entrance examination to all dental educational institutions at the undergraduate level and postgraduate level through such designated authority in hindi, english and such other languages and in such manner as may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year conducted in accordance with any regulations made under this act, in respect of the state government seats whether in government dental college or in a private dental college where such state has not opted for such examination. 1. ins. by act 40 of , s. 2 w.e.f. .

section 9. of the dentists act : 1 the council shall constitute from among its members an executive committee, and may so constitute other committees for such general or special purposes as the council considers necessary for carrying out its functions under this act. 2 the executive committee shall consist of the president and vicepresident ex officio1and the directorgeneral of health services ex officio and five other members elected by the council. 3 the president and vicepresident of the council shall be chairman and vicechairman, respectively, of the executive committee. 4 a member of the executive committee shall hold office as such until the expiry of his term of office as member of the council but, subject to his being a member of the council, he shall be eligible for reelection. 5in addition to the powers and duties conferred and imposed on it by this act, the executive committee shall exercise and discharge such powers and duties as may be prescribed. 1. ins. by act 42 of , s. 7 w.e.f. .

section 12. of the dentists act : the council may prescribe the period and nature of an apprenticeship or training which shall be undergone and the other conditions which shall be satisfied by a person before he is entitled to be registered under this act as a dental mechanic.

section 13. of the dentists act : notwithstanding anything contained in any other law, but subject to the provisions of this act, a anyrecognised dental or dental hygiene qualification shall be a sufficient qualification for enrolment in the appropriate register of any 1state b no person shall, after the first registers are compiled under this act, be entitled to be enrolled in any register as a dentist or dental hygienist unless he holds a recognised dental or dental hygiene qualification or as a dental mechanic unless he has undergone training which satisfies the prescribed requirements referred to in section 12. 1. subs. by the a.o. , for province.

section 10a. of the dentists act : show related subordinates 110a. permission for establishment of new dental college, new courses of study, etc.1 notwithstanding anything contained in this act or any other law for the time being in force, a no person shall establish an authority or institution for a course of study or training including a postgraduate course of study or training which would enable a student of such course or training to qualify himself for the grant of recognised dental qualification or b no authority or institution conducting a course of study or training including a postgraduate course of study or training for grant of recognised dental qualification shall i open a new or higher course of study or training including a postgraduate course of study or training which would enable a student of such course or training to qualify himself for the award of any recognised dental qualification or ii increase its admission capacity in any course of study or training including a postgraduate course of study or training, except with the previous permission of the central government obtained in accordance with the provisions of this section. explanation 1.for the purposes of this section, person includes any university or a trust but does not include the central government. explanation 2.for the purposes of this section, admission capacity, in relation to any course of study or training including a postgraduate course of study or training in an authority or institution granting recognised dental qualification, means the maximum number of students that may be fixed by the council from time to time for being admitted to such course or training. 2 a every person, authority or institution granting recognised dental qualification shall, for the purpose of obtaining permission under subsection 1, submit, to the central government a scheme in accordance with the provisions of clause b and the central government shall refer the said scheme to the council for its recommendations. b the scheme referred to in clause a shall be in such form and contain such particulars and be preferred in such manner and be accompanied with such fee as may be prescribed. 3 on receipt of a scheme by the council under subsection 2, the council may obtain such other particulars as may be considered necessary by it from the person, authority or institution concerned, granting recognised dental qualification and thereafter, it may, a if the scheme is defective and does not contain any necessary particulars, give a reasonable opportunity to the person, authority or institution concerned for making a written representation and it shall be open to such person, authority or institution to rectify the defects, if any, specified by the council b consider the scheme, having regard to the factors referred to in subsection 7, and submit the scheme together with its recommendations thereon to the central government. 4 the central government may, after considering the scheme and the recommendations of the council under subsection 3 and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person, authority or institution concerned, and having regard to the factors referred to in subsection 7, either approve with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall be a permission under subsection 1: provided that no scheme shall be disapproved by the central government except after giving the person, authority or institution concerned granting recognised dental qualification a reasonable opportunity of being heard: provided further that nothing in this subsection shall prevent any person, authority or institution whose scheme has not been approved to submit a fresh scheme and the provisions of this section shall apply to such scheme, as if such scheme has been submitted for the first time under subsection 2. 5 where within a period of one year from the date of submission of the scheme to the central government under subsection 2, no order passed by the central government has been communicated to the person, authority or institution submitting the scheme,such scheme shall be deemed to have been approved by the central government in the form in which it has been submitted, and, accordingly, the permission of the central government required under subsection 1 shall also be deemed to have been granted. 6 in computing the timelimit specified in subsection 5, the time taken by the person, authority or institution concerned submitting the scheme in furnishing any particulars called for by the council or by the central government, shall be excluded. 7 the council, while making its recommendations under clause b of subsection 3 and the central government, while passing an order either approving or disapproving the scheme under subsection 4, shall have due regard to the following factors, namely: a whether the proposed authority or institution for grant of recognised dental qualification or the existing authority or institution seeking to open a new or higher course of study or training, would be in a position to offer the minimum standards of dental education in conformity with the requirements referred to in section 16a and the regulations made under subsection 1of section 20 b whether the person seeking to establish an authority or institution or the existing authority or institution seeking to open a new or higher course of study or training or to increase its admission capacity has adequate resources c whether necessary facilities in respect of staff, equipment, accommodation, training and other facilities to ensure proper functioning of the authority or institution or conducting the new course of study or training or accommodating the increased admission capacity have been provided or would be provided within the timelimit specified in the scheme d whether adequate hospital facilities, having regard to the number of students likely to attend such authority or institution or course of study or training or as a result of the increased admission capacity have been provided or would be provided within the timelimit specified in the scheme e whether any arrangement has been made or programme drawn to impart proper training to students likely to attend such authority or institution or course of study or training by persons having the recognised dental qualifications f the requirement of manpower in the field of practice of dentistry and g any other factors as may be prescribed. 8 where the central government passes an order either approving or disapproving a scheme under this section, a copy of the order shall be communicated to the person, authority or institution concerned. 1. ins. by act 30 of , s. 2 w.e.f. . regulations yeardescriptionfiles dci establishment of new dental colleges regulations, opening of higher courses of study regulations dci establishment of new dental colleges for opening of new or higher course of study or training and increase of admission capacity in dental colleges regulations,

section 10b. of the dentists act : 110b.nonrecognition of dental qualifications in certain cases.1 where any authority or institution is established for grant of recognised dental qualification except with the previous permission of the central government in accordance with the provisions of section 10a, no dental qualification granted to any student of such authority or institution shall be a recognised dental qualification for the purposes of this act. 2 where any authority or institution granting recognised dental qualification opens a new or higher course of study or training including a postgraduate course of study or training except with the previous permission of the central government in accordance with the previous permission of the central government in accordance with the provisions of section 10a, no dental qualification granted to any student of such authority or institution on the basis of such study or training shall be a recognised dental qualification for the purposes of this act. 3 where any authority or institution granting recognised dental qualification increases its admission capacity in any course of study or training including a postgraduate course of study or training except with the previous permission of the central government in accordance with the provisions of section 10a, no dental qualification granted to any student of such authority or institution on the basis of the increase in its admission capacity shall be a recognised dental qualification for the purposes of this act. explanation.for the purposes of this section, the criteria for identifying a student who has been granted a dental qualification on the basis of such increase in the admission capacity shall be such as may be prescribed. 1. ins. by act 30 of , s. 2 w.e.f. .

section 10c. of the dentists act : 110c.time for seeking permission for certain existing authorities.1 if, after the 1st day of june, and on and before the commencement of the dentists amendment act, 30 of any person has established an authority or institution for grant of recognised dental qualification or any authority or institution granting recognised dental qualification has opened a new or higher course of study or training including a postgraduate course of study or training or increased its admission capacity, such person, authority or institution, as the case may be, shall seek, within a period of one year from the commencement of the dentists amendment act, , the permission of the central government in accordance with the provisions of section 10a. 2if any person or, as the case may be, any authority or institution granting recognised dental qualification fails to seek the permission under subsection 1, the provisions of section 10b shall apply, so far as may be, as if permission of the central government under section 10a has been refused. 1. ins. by act 30 of , s. 2 w.e.f. .

section 11. of the dentists act : any authority in a 1state 2 which grants a qualification for dental hygienists may apply to the council to have such qualification recognised, and the council may, after such inquiry, if any, as it thinks fit, and after consulting the government and the 3state council of the 1state in which the authority making the application is situated, declare that such qualification, or such qualification only when granted after a specified date, shall be a recognised dental hygiene qualification for the purposes of this act. 1. subs. by the a.o. , for province. 2. the words of india omitted, ibid. 3 subs. ibid., for provincial.

section 14. of the dentists act : every authority in a 1state 2 which grants any recognised dental or dental hygiene qualification shall furnish such information as the council may from time to time require as to the courses of study and training and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone, and generally as to the requisites for obtaining such qualification. 1. subs. by the a.o. , for provinc. 2. the words of india omitted, ibid.

section 18. of the dentists act : 1 the council shall maintain a register of dentists to be known as the indian dentists register and consisting of the entries in all the 1state registers of dentists. 2 each 1state council shall supply to the council twenty printed copies of the 1state register as soon as may be after the 1st day of april of each year, and each registrar shall inform the council without delay of all additions to and other amendments in the 1state register. 1. subs. by the a.o. , for provincial.

section 15. of the dentists act : 1 the executive committee 2may, subject to regulations, if any, made by the council appoint such number of inspectors as it deems necessary to attend at any examinations held by authorities in the 3states 1 which grant recognised dental or dental hygiene qualifications and to inspect any institution recognised as a training institution. 2 inspectors appointed under this section shall not interfere with the course of any examination but they shall report to the executive committee on the sufficiency of every examination at which they attend and of the courses of study and training at every institution which they inspect, and on any other matters with regard to which the executive committee may require them to report. 3 the executive committee shall forward a copy of such report to the authority or institution concerned and shall also forward copies with remarks, if any, of the authority or institution concerned thereon to the central government and to the government of the state in which the authority or institution is situated. 1. the words of india omitted, ibid. 2. subs. by act 12 of , s. 6, for may appoint. 3. subs. by the a.o. , for provinces.

section 15a. of the dentists act : 115a.appointment of visitors.1 the council may appoint such number of visitors as it may deem necessary to attend at any examination held by any authority or institution in a state which grants recognised dental qualifications and to inspect any institution training students for recognised dental qualifications. 2 any person, whether he is a member of the council or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 15 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination. 3 the visitor shall not interfere with the course of any examination but shall report to the president of the council on the sufficiency of every examination at which he attends and of the courses of study and training at every institution which he inspects, and on the adequacy of the standards of dental education including staff, equipment, accommodation and other facilities prescribed for giving dental education, and on any other matters with regard to which the council may require him to report. 4 the report of a visitor shall be treated as confidential unless in any particular case the president of the council otherwise directs: provided that if the central government requires a copy of the report of a visitor, the council shall furnish the same. 1. ins. by act 42 of , s. 9 w.e.f. .

section 16. of the dentists act : 1 when upon report by the executive committee it appears to the council a that the courses of study and training or the examinations to be undergone in order to obtain a recognised1 dental hygiene qualification from any authority in a 2state 3 or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with regulations made under this act or fall short of the standards required thereby, or b that an institution does not satisfy the requirements of the council, the council may send to the government of the 4states in which the authority or institution is situated a statement to such, effect, and the 5state government shall forward it, along with such remarks as it may think fit, to the authority or institution concerned with an intimation of the period within which the authority or institution may submit its explanation to the 5state government. 2 on receipt of the explanation, or where no explanation is submitted within the period fixed, then on the expiry of the period, the 5state government shall after consulting the 5state council, forward its recommendations and those of the 5state council, if any, to the council. 3 the council, after considering the recommendations of the 5state government and the state council and after such further inquiry, if any, as it may think fit to make, may declare that the qualification granted by the authority or institution shall be a recognised1 dental hygiene qualification only when granted before a specified date. 4 the council may declare that any recognised1 dental hygiene qualification granted outside the 4states 3 shall be recognised as such only if granted before a specified date. 1. the words dental or omitted by act 42 of , s. 10 w.e.f. . 2. subs. by the a.o. , for province. 3. the words of india omitted, ibid. 4. subs., ibid, for provinces. 5. subs., ibid, for provincial.

section 17. of the dentists act : all declarations under 1 section 11 or section 16 shall be made by a resolution passed at a meeting of the council and shall forthwith be published in the official gazette. 1. the word and figures section 10 omitted by act 42 of , s. 12 w.e.f. .

section 16a. of the dentists act : 116a.withdrawal of recognition of recognised dental qualification.1 when, upon report by the executive committee or the visitor, it appears to the council a that the courses of study and training or the examination to be undergone in order to obtain a recognised dental qualification from any authority or institution in a state, or the conditions for admission to such courses or the standards of proficiency required from the candidates as such examinations are not in conformity with the regulations made under this act or fall short of the standards required thereby, or b that an institution does not, in the matter of staff, equipment, accommodation, training and other facilities, satisfy the requirements of the council, the council shall send a statement to that effect to the central government. 2 after considering such a statement, the central government may send it to the government of the state in which the authority exercises power or the institution is situated, and the state government shall forward it, along with such remarks as it may think fit to make, to the authority or institution concerned, with an intimation of the period within which the authority or institution may submit its explanation to the state government. 3 after considering the explanation, or where no explanation is submitted within the period fixed, then, on the expiry of that period, the state government shall make its recommendations to the central government. 4 the central government may, after considering the recommendations of the state government and after making such further inquiry, if any, as it may think fit, by notification in the official gazette, direct that an entry shall be made in part i of the schedule against the qualification granted by the authority or institution declaring that it shall be a recognised dental qualification only when granted before a specified date or that the said recognised dental qualification if granted to students of a specified college or institution affiliated to any university shall be a recognised dental qualification only when granted before a specified date or, as the case may be, that the said recognised dental qualification shall be a recognised dental qualification in relation to a specified college or institution affiliated to any university only when granted after a specified date. 1. ins. by act 42 of , s. 11 w.e.f. .

section 17a. of the dentists act : show related subordinates 117a.professional conduct.1 the council may prescribe standards of professional conduct and etiquette or the code of ethics for dentists. 2 regulations made by the council under subsection 1 may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. 1. ins. by s. 13, ibid. w.e.f. .

section 19. of the dentists act : 1 the council shall furnish copies of its minutes and of the minutes of the executive committee and an annual report of its activities together with an abstract of its accounts to the central government. 2 the central government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section.

section 20. of the dentists act : show related subordinates 1 the council may, with the approval of the central government, 1by notification in the official gazette, make regulations not inconsistent with the provisions of this act to carry out the purposes of this chapter. 2 in particular and without prejudice to the generality of the foregoing power such regulations may a provide for the management of the property of the council 2 b prescribe the manner in which elections under this chapter shall be conducted c provide for the summoning and holding of meetings of the council and the executive committee, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum d prescribe the functions of the executive committee e prescribe the powers and duties of the president and vicepresident f prescribe the tenure of office and the powers and duties of the secretary 3and other officers and servants of the council and inspectors and visitors appointed by the council 4fa prescribe the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause b of subsection 2 of section 10a fb prescribe any other factors under clause g of subsection 7 of section 10a fc prescribe the criteria for identifying a student who has been granted a dental qualification referred to in the explanation to subsection 3 of section 10b g prescribe the standard curricula for the training of dentists and dental hygienists, and the conditions for admission to courses of such training h prescribe the standards of examinations and other requirements to be satisfied to secure for qualifications recognition under this act 5ha the designated authority, other languages and the manner of conducting of uniform entrance examination to all dental educational institutions at the undergraduate level and postgraduate level i any other matter which is to be or may be prescribed under this act: provided that regulations under clauses g and h shall be made after consultation with 6state governments. 3 to enable the council to be first constituted, the central government may make regulations for the conduct of the elections to the council, and any regulation so made may be altered or rescinded by the council in exercise of its powers under this section. 74 every regulation made under this section shall be laid, as soon as may be after it is made before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. the words and the maintenance and audit of its accounts omitted by act 42 of , s. 14 w.e.f. . 3. subs. by act 42 of , s. 14, for inspectors and other officers and servants of the council w.e.f. . 4. ins. by act 30 of , s. 3 w.e.f. . 5. ins. by act 40 of , s. 3 w.e.f. . 6. subs. by the a.o. , for provincial. 7. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 26. of the dentists act : elections under this chapter shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the 1state government whose decision shall be final. 1. subs. by the a. o. , for provincial.

section 21. of the dentists act : 121.constitution and composition of state councils.except where a joint 1state council is constituted in accordance with an agreement made under section 22, the 1state government shall constitute a 1state council consisting of the following members,namely: a four members elected from among themselves by dentists registered in part a of the 1state register 2 3c the heads of dental colleges, if any, in the state which train students for any of the recognised dental qualifications included in part i of the schedule, ex officio d one member elected from amongst themselves by the members of the medical council or the council of medical registration of the 4state, as the case may be5 e three members nominated by the 1state government 6and 5f the chief medical officer of the state, by whatever name called, ex officio: 7provided that in the state of saurashtra8as it existed before the 1st november, , the state dental council constituted under saurashtra ordinance xxv of , as amended by saurashtra ordinance xl of , shall be deemed to the state council constituted under this act. 1. ins. by act 40 of , s. 3 w.e.f. . 2. clause b omitted by act 13 of , s. 3 w.e.f. . 3. subs. by act 12 of , s. 7, for clause c. 4. subs. by the a.o. , for province. 5. the word and omitted by act 42 of , s. 15 w.e.f. . 6. ins. by s. 15, ibid. w.e.f. . 7. added by act 12 of , s. 7. 8. ins. by the adaptation of laws no. 3 order, .

section 22. of the dentists act : 1 two or more 1state governments may enter into an agreement to be in force for such period and to be subject to renewal for such further periods, if any, as may be specified in the agreement, to provide a for the constitution of a joint 1state council for all the participating 2states, or b for the 1state council of one 3state to serve the needs of the other participating 2states. 2 in addition to such matters as are in this act specified, an agreement under this section may a provide for the apportionment between the participating 2states of the expenditure in connection with the 1state council or joint 1state council b determine which of the participating 1state governments shall exercise the several functions of the 1state government under this act, and the references in this act to the 1state government shall be construed accordingly c provide for consultation between the participating 1state governments either generally or with reference to particular matters arising under this act d make such incidental and ancillary provisions, not inconsistent with this act, as may be deemed necessary or expedient for giving effect to the agreement. 3 an agreement under this section shall be published in the official gazettes of the participating 2states. 1. subs. by the a. o. , for provincial. 2. subs.,ibid., for provinces. 3. subs., ibid., for province.

section 27. of the dentists act : 1 subject to the provisions of this section, an elected or nominated member shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated whichever is longer: 2provided that a member nominated under clause e of section 21 or clause e of section 23, shall hold office during the pleasure of the authority nominating him. 2 an elected or nominated member may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall thereupon become vacant. 3 an elected or nominated member shall be deemed to have vacated his seat a if he is absent without excuse, sufficient in the opinion of the 1state council, from three consecutive ordinary meetings of the 1state council, or b in the case of a member whose name is required to be included in any 1state register, if his name is removed from the register, or c where he has been elected under clause d of section 21 or under clause d of section 23, if he ceases to be a member of the medical council or the council of medical registration of the 3state as the case may be. 4 a casual vacancy in the 1state council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. 5 members of the 1state council shall be eligible for reelection or renomination. 6 no act done by the 1state council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the 1state council. state amendment andhra pradesh. in the dentist act, act 16 of , in section 27, for subsection 1, the following shall be substituted, namely: 1 subject to the provisions of this section, an elected or nominated member shall hold office for a term of five 5 years from the date of his election or nomination. vide andhra pradesh act 19 of , s. 2 1. subs. by the a. o. , for provincial. 2. added by act 42 of , s. 17 w.e.f. . 3 subs. by the a.o. , for province.

section 23. of the dentists act : a joint 1state council shall consist of the following members, namely: a two members elected from among themselves by dentists registered in part a of the register of each of the participating 2states 3 4c the heads of dental colleges, if any, in all the participating states which train students for any any of the recognised dental qualifications included in part i of the schedule, ex officio d one member elected by the medical council or the council of medical registration, of each participating 1state, as the case may be e two members nominated by each participating 1state government 5f the chief medical officer of each participating state, by whatever name called, ex officio. 1. subs. by the a. o. , for provincial. 2. subs.,ibid., for provinces. 3. clause b omitted by act 13 of , s. 4 w.e.f. . 4. subs. by act 12 of , s. 8, for clause c. 5. ins. by act 42 of , s. 16 w.e.f. .

section 24. of the dentists act : every 1state council shall be a body corporate by such name as may be notified by the 1state government in the official gazette or, in the case of a joint 1state council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued. 1. subs. by the a. o. , for provincial.

section 25. of the dentists act : 1 the president and vicepresident of the 1state council shall be elected by the members from among themselves: provided that for five years from the first constitution of the 2 state council, the president shall, if the 2state government so decides, be a person nominated by the 2state government who shall hold office during the pleasure of the 2state government, and where he is not already a member, shall be a member of the 2state council in addition to the members referred to in section 21 or 23, as the case may be. 2 the president or vicepresident shall hold office as such for a term not exceeding five years and not extending beyond the expiry of his term as a member of the 2state council, but subject to his being a member of the 2state council, he shall be eligible for reelection. 1. subs. by the a. o. , for provincial. 2. subs. by the a. o. , for provincial.

section 28. of the dentists act : 1 the 1state council may, with the previous sanction of the 1state government, a appoint a registrar who shall also act as secretary and if so decided by the state council also as its treasurer b appoint such other officers and servants as may be required to enable the state council to carry out its functions under this act c require and take from the registrar or from any other officer or servant such security for the due performance of his duties as the state council considers necessary d fix the salaries and allowances and other conditions of service of the registrar and other officers and servants of the1state council e fix the rate of allowances payable to members of the 1state council. 2 notwithstanding anything contained in clause a of subsection 1, for the first four years from the first constitution of the 2state council, the registrar of the 2state council shall be a person appointed by the 2state government who shall hold office during the pleasure of the 2state government. 1. subs. by the a. o. , for provincial. 2. subs. by the a.o. , for provincial.

section 29. of the dentists act : 1 the 1 state council shall constitute from among its members an executive committee consisting of the president and vicepresident ex officio 2and the chief medical officer of the state or the states concerned, by whatever name called, ex officio and such number of other members elected by the 1state council as may be prescribed. 2 the president and vicepresident of the 1state council shall be chairman and vicechairman, respectively, of the executive committee. 3 a member of the executive committee shall bold office as such until the expiry of his term of office as member of the 1state council, but subject to his being a member of the 1state council, he shall be eligible for reelection. 4 the executive committee shall exercise and discharge such powers and duties as may be prescribed. 1. subs. by the a.o. , for provincial. 2. ins. by act 42 of , s. 18 w.e.f. .

section 35. of the dentists act : 1 after the date appointed for the receipt of applications for registration in the first register of dentists, all applications for registration shall be addressed to the registrar of the 1state council and shall be accompanied by the prescribed fee. 2if upon such application the registrar is of opinion that the applicant is entitled to have his name entered on the register, he shall enter thereon the name of the applicant: provided that no person, whose name has under the provisions of this act been removed from the register of any 2state, shall be entitled to have his name entered on the register except with the approval of the 1state council from whose register his name was removed. 3 any person whose application for registration is rejected by the registrar may, within three months from the date of such rejection, appeal to the 1state council, and the decision of the 1statecouncil thereon shall be final. 4 upon entry in the register of a name under this section, the registrar shall issue a certificate of registration in the prescribed form . 1. subs. by the a.o. , for provincial. 2. subs., ibid.,for province.

section 30. of the dentists act : 1 the 1state council shall furnish such reports, copies of its minutes and of the minutes of the executive committee, and abstracts of its accounts to the 1state government as the 1state government may from time to time require and shall forward copies of all material so furnished to the 1state government to the council. 2 the 1state government may published in such manner as it thinks fit any report copy or abstract furnished to it under this section. 1. subs. by the a.o. , for provincial.

section 31. of the dentists act : 1 the 1state government shall as soon as may be cause to be prepared in the manner hereinafter provided a register of dentists for the 2state. 2 the 1state council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this act. 3 the register of dentists shall be maintained in two parts, a and b, persons possessing recognised dental qualifications being registered in part a and persons not possessing such qualifications being registered in part b. 4 the register shall include the following particulars, namely: a the full name, nationality and residential address of the registered person b the date of this first admission to the register c his qualification for registration, and the date on which he obtained his degree or diploma in dentistry, if any, and the authority which conferred it d his professional address and e such further particulars as may be prescribed. 1. subs. by the a.o. , for provincial. 2. subs. by the a.o. , for province.

section 32. of the dentists act : 1 for the purpose of first preparing the register of dentists, the 1state government shall, by notification in the official gazette, constitute a registration tribunal consisting of three persons and shall also appoint a registrar who shall act as secretary of the tribunal. 2 the 1state government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, shall be made to the registration tribunal. 3 the registration tribunal shall examine every application received on or before the appointed date, and if it is satisfied that the applicant is qualified for registration under section 33, shall direct the entry of the name of the applicant on the register. 4 the register so prepared shall thereafter be published in such manner as the 1state government may direct, and any person aggrieved by a decision of the registration tribunal expressed or implied in the register as so published may, within thirty days from the date of such publication, appeal to an authority appointed by the 1state government in this behalf by notification in the official gazette. 5 the registrar shall amend the register in accordance with the decisions of the authority appointed under subsection 4 and shall thereupon issue to every person whose name is entered on the register a certificate of registration in the prescribed form. 6 upon the constitution of the 1state council, the register shall be given into its custody, and the 1state government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the 1state council. 1. subs. by the a.o. , for provincial

section 34. of the dentists act : 21 after the date appointed under subsection 2 of section 32 a person shall, on payment of the prescribed fee, be entitled to have his name entered on the register of dentists, if he resides or carries on the profession of dentistry in the 1state and if he i holds a recognised dental qualification, or ii does not hold such a qualification but, being a 3citizen of india, has been engaged in practice practice as a dentist as his principal means of livelihood for a period of not less than 4two years before the date appointed under subsection 2 of section 32 and has passed, within a period of 5ten years after the said date, an examination recognised for this purpose by the 6central government: provided that no person other than a 3citizen of india shall be entitled to registration by virtue of a qualification a specified in part i of the schedule unless by the law and practice of the state or country to which such person belongs persons of indian origin holding dental qualifications registrable in that state or country are permitted to enter and practice the profession of dentistry in such state or country, or 7b recognised, in pursuance of a scheme of reciprocity, under subsection 5 of section 10: provided further that a person registered in part b of the register shall be entitled to be registered in part a thereof, if within a period of 8ten years after the date of his registration in part b he passes an examination recognised for the purpose by the 6central government. 92 notwithstanding anything contained in subsection 1, a a 10state council may during the period of two years immediately after the commencement of the dentists amendment act, 11 12 of , permit for sufficient reasons the registration in the state register of any displaced person who does not hold a recognised dental qualification but has been actually practising the profession of dentistry as his principal means of livelihood from a date prior to the 29th day of march, explanation.in this clause displaced person means any person who, on account of the setting up of the dominions of india and pakistan or on account of civil disturbances or fear of such disturbances in any area now forming part of pakistan has, after the 1st day of march, , left or been displaced from, his place of residence in such area and who has since then been residing in india 12aa the state council may, during the period of two years immediately after the commencement of the dentists amendment act,42 of , permit, for sufficient reasons, the registration in the state register of any displaced person or a repatriate who does not hold any recognised dental qualification but has been actually practising the profession of dentistry as his principal means of livelihood from a date prior to the 29th day of march, . explanation.in this clause, i displaced person means any person who, on account of civil disturbances or fear of such disturbances in any area now forming part of bangla desh, has, after the 14th day of april, but before the 25th day of march, , left. or has been displaced from, his place of residence in such area and who has since then been residing in india ii repatriate means any person who, on account of civil disturbances or fear of such disturbances in any area now forming part of burma or ceylon, has. after the 14th day of april, , left or has been displaced from, his place of residence in such area and who has since then been residing in india b a person other than a citizen of india holding a reputable dental qualification and employed for teaching or research in a dental institution situated in any of the states may be permitted 13 temporary registration in the state register of dentists for the period of his employment or for a period of five years, whichever is shorter: provided that he does not practise the profession of dentistry for personal gain and his application for registration is approved by the president of the council. 1. subs. by the a.o. , for province. 2. section 34 renumbered as subsection 1 thereof by act 12 of , s. 10. 3. subs. by the a.o. , for british subject of indian domicile. 4. subs. by act 12 of , s. 10, for two years before the commencement of this act. 5. subs. by s. 10, ibid., for five years after the commencement of this act. 6. subs. by act 42 of , s. 20, for council w.e.f. . 7. subs. by s. 20,ibid.,for clause b w.e.f. . 8. subs. by act 12 of , s. 10, for five years. 9. ins. by act 12 of , s. 10. 10. subs. by act 42 of , s. 20, for state dental council w.e.f. . 11. subs. by act 36 of , s. 3 and the second schedule, for . 12. ins. by act 42 of , s. 20 w.e.f. . 13. the words irrespective of any considerations of reciprocity omitted by s. 20, ibid. w.e.f. .

section 38. of the dentists act : a person shall be entitled on payment of the prescribed fee to have his name entered in the register of dental mechanics, if he satisfies the prescribed requirements referred to in section 12: provided that for the purposes of the preparation of the first register of dental mechanics a person shall be entitled to be registered, if he has been engaged as a dental mechanic as his principal means of livelihood for a period of not less than two years prior to the date of notification under subsection 1 of section 36.

section 35a. of the dentists act : 135a. special provision for amending the register of dentists.notwithstanding anything contained in this chapter, the registrar may, by order in writing, amend the register by deleting therefrom the name of any person who by reason of the formation of the state of andhra, has ceased to reside or carry on the business or profession of dentistry in the state of madras: provided that the registrar shall, before passing an order, make such inquiry as he deems necessary. 2 any person aggrieved by an order under subsection 1 may appeal to such authority and within such time, as may be specified in this behalf by the state government of madras and such authority shall pass such order on the appeal as it thinks fit. 3 an order of the registrar under subsection 1, or where an appeal has been preferred against it under subsection 2, the order of the appellate authority shall be final. 4 the provision of this section shall cease to be in force from such date as the state government of madras may by notification in the official gazette appoint. 1. ins. by the madras adaptation of laws order, .

section 33. of the dentists act : 1 a person shall be entitled on payment of the prescribed fee to have his name entered on the register when it is first prepared, if he resides or carries on the profession of dentistry in the 1 state and if he a holds a recognised dental qualification, or b does not hold such a qualification but, being a 2 citizen of india, has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than five years prior to 3 the date appointed under subsection 2 of section 32: provided that no person other than a 3 citizen of india shall be entitled to registration by virtue of a qualification a specified in part i of the schedule unless by the law and practice of the state or country to which such person belongs persons of indian origin holding dental qualifications registrable in that state or country are permitted to enter and practise the profession of dentistry in such state or country, or 4b recognised, in pursuance of a scheme of reciprocity, under subsection 5 of section 10: provided further that a person shall be entitled to registration by virtue of a qualification specified in 5part ii of the schedule only if he is a 3 citizen of india: 6provided further that for the purpose of the first preparation of the register of dentists under this act, a person shall be entitled to have his name entered in the appropriate part of the register without payment of any registration fee. a in the state of saurashtra 7as it existed before the 1st november, , if he is registered on the register of dental practitioners maintained under saurashtra ordinance no. 25 of , as amended by saurashtra ordnance no. 40 of or b in the state of travancorecochin 7 as it existed before the 1st november, , if he is registered on the register of dental practitioners maintained under the travancore medical practitioners act, 8or 9 2 a person domiciled in a 1 state 10 shall be entitled on payment of the prescribed fee to temporary registration as a dentist for a period of five years, if he has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than two years during the five years prior to 11the date appointed under subsection 2 of section 32, and a person so registered shall be entitled to permanent registration if 12 for a period of five years from the date of his temporary registration he has been engaged in practice as a dentist. 1. subs. by the a.o. , for provincial. 2. subs. by the a.o. , for british subject of indian domicile. 3. subs. by act 12 of , s. 9, for the commencement of this act. 4. subs. by act 42 of , s. 19, for clause b w.e.f. . 5. subs. by s. 19, ibid., for part iii w.e.f. . 6. subs. by act 12 of , s. 9, for the last proviso. 7. ins. by the adaptation of laws no. 3 order, . 8. ins. by act 42 of , s. 19 w.e.f. . 9. clause c omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 10. the words or india omitted, ibid. 11. subs. by act 12 of , s. 9, for the date of the commencement of this act. 12. subs. by s. 9, ibid., for certain words.

section 36. of the dentists act : 1 the 1state government may, by notification in the official gazette direct that the 1state council shall maintain a register of dental hygienists or a register of dental mechanics. 2 the provisions of section 35 shall, so far as they may be made applicable, apply in respect of applications for registration in a register referred to in this section. 1. subs. by the a.o. , for provincial.

section 40. of the dentists act : a registered dentist shall on payment of the prescribed fee be entitled to have entered in the register any further recognised 1dental qualification which he may obtain. 1. ins. by act 12 of , s. 11.

section 37. of the dentists act : a person shall be entitled on payment of the prescribed fee to have his name registered on the register of dental hygienists, if he resides in the 1state and holds a recognised dental hygiene qualification: provided that for the purposes of the first register of dental hygienists, a person shall be entitled to be registered, if he has been engaged as a dental hygienist as his principal means of livelihood for a period of not less than two years prior to the date of notification under subsection 1 of section 36. 1. subs., ibid., for province.

section 39. of the dentists act : 1 the 1state government may, by notification in the official gazette, direct that for the retention of a name in a register after the 31st day of december of the year following the year in which the name is first entered in the register, there shall be paid annually to the 1state council such renewal fee as may be prescribed in respect of each register, and where such direction has been made, such renewal fee shall be due to be paid before the 1st day of april of the year to which it relates. 2 where a renewal fee is not paid before the due date, the registrar shall remove the name of the defaulter from the register: provided that a name so removed may be restored to the register on payment in such manner as may be prescribed. 23 on payment of the renewal fee, the registrar shall issue a certificate of renewal and such certificate shall be proof of renewal of registration. 1. subs. by the a.o. , for provincial. 2. subs. by act 42 of , s. 21, for subsection 3 w.e.f. .

section 41. of the dentists act : 1 subject to the provisions of this section, the 1state council may order that the name of any person shall be removed from any register where it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make, i that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact, or ii that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect 2 or has violated the standards of professional conduct and etiquette or the code of ethics prescribed under section 17a, which in the opinion of the 1state council renders him unfit to be kept in the register, 3or 3iii that he having been permitted temporary registration under clause b of subsection 2 of section 34 has, on such registration, been found to practise the profession of dentistry for personal gain. 2 an order under subsection 1 may direct that any person whose name is ordered to be removed from a register shall be ineligible for registration in the 4state under this act either permanently or for such period of years as may be specified. 3 an order under subsection 1 shall not take effect until the expiry of three months from the date thereof. 4 a person aggrieved by an order under subsection 1 may, within thirty days from the date thereof, appeal to the 1state government, and the order of the 1state government upon such appeal shall be final. 5 a person whose name has been removed from the register under this section or under subsection 2 of section 39 shall forthwith surrender his certificate of registration 2and certificate of renewal, if any, to the registrar, and the name so removed shall be published in the official gazette. 36 a person whose name has been removed from the state register of dentists under this section or under subsection 2 of section 39 shall not be entitled to have his name registered in the register of dentists in any other state register of dentists except with the approval of the state council from whose register his name has been removed. 1. subs. by the a.o. , for provincial. 2. ins. by act 42 of , s. 22 w.e.f. . 3. ins. by act 12 of , s. 12. 4. subs. by the a.o. , for province.

section 46. of the dentists act : 1 any reference in any other law to a person recognised by law as a dentist shall be deemed to be a reference to a dentist registered under this act. 2 no certificate required by or under any other law from a dentist shall be valid unless the person signing it is registered as a dentist under this act. 3 after the expiry of 1three years from 2the date appointed under subsection 2 of section 32, a person who is not registered in part a of the 3state register of dentists shall not, except with the sanction of 4the central government or the state government hold any appointment as dentist in any dispensary, hospital or other institution 5 which is supported wholly or partially from public or local funds: provided that the provisions of this subsection shall not apply to any such person who is holding such an appointment 6immediately before the said date. 4 after the expiry of two years from the publication of a register of dental hygienists in a 7state, no person whose name is not entered in that register shall hold appointment as dental hygienist in any dispensary, hospital or other institution in the 7state which is supported wholly or partially from public or local funds. 5 any person who is a registered dentist, registered dental hygienist or registered dental mechanic in a 7state may practise as such in any other 7state. 1. subs. by act 58 of , s. 3, for two years. 2. subs. by act 12 of , s. 13, for the commencement of this act. 3. subs. by the a.o. , for provincial. 4. subs. by act 12 of , s. 13, for the state government. 5. the words in the state omitted by s. 13, ibid. 6. subs. by s. 13, ibid., for at the commencement of this act. 7. subs. by the a.o. , for province.

section 42. of the dentists act : the 1state council may at any time, for reasons appearing to it sufficient and subject to the approval of the 1state government, order that upon payment of the prescribed fee the name of a person removed from a register shall be restored thereto. 1. subs. by the a.o. , for provincial.

section 43. of the dentists act : no order refusing to enter a name in a register or removing a name from a register shall be called in question in any court.

section 47. of the dentists act : if any person whose name is not for the time being entered in a register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.

section 45. of the dentists act : as soon as may be after the 1st day of april in each year, the registrar shall cause to be printed copies of the registers as they stood on the said date and such copies shall be made available to persons applying therefor on payment of the prescribed charge, and shall be evidence that on the said date the persons whose names are entered therein were registered dentists, registered dental hygienists or registered dental mechanics, as the case may be.

section 44. of the dentists act : where it is shown to the satisfaction of the registrar that a certificate of registration 1or a certificate of renewal has been lost or destroyed, the registrar may, on payment of the prescribed fee, issue a duplicate certificate in the prescribed form. 1. ins. by act 42 of , s. 23 w.e.f. .

section 49. of the dentists act : 1 after the expiry of 1three years from 2the date appointed under subsection 2 of section 32 in the case of dentists, and in the 3states where a register of dental hygienists or dental mechanics has been prepared under section 36 from such date as may be specified in this behalf by the 4state government by notification in the official gazette, in the case of dental hygienists or dental mechanics, no person, other than a registered dentist, registered dental hygienist or registered dental mechanic, shall practise dentistry, or the art of scaling, cleaning or polishing teeth, or of making or repairing dentures and dental appliances, as the case may be, or indicate in any way that he is prepared to so practise: provided that the provisions of this section shall not apply to a practice of dentistry by a registered medical practitioner b the extraction of a tooth by any person when the case is urgent and no registered dentist is available, so however that the operation is performed without the use of any general or local anaesthetic c the performance of dental work or radiographic work in any hospital or dispensary maintained or supported from public or local funds. 2 if any person contravenes the provisions of subsection 1, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. 1. subs. by act 58 of , s. 3, for two years retrospectively. 2. subs. by act 12 of , s. 15, for the commencement of this act. 3. subs. by the a.o. , for provinces. 4. subs., ibid., for provincial.

section 46a. of the dentists act : 146a.transfer of registration.where a dentist registered in one state is practising dentistry in another state, he may, on payment of the prescribed fee which shall not exceed the renewal fee for registration in such other state, make an application in the prescribed form to the council for the transfer of his name from the register of the state where he is registered to the register of the state in which he is practising dentistry, and on receipt of any such application, the council shall, notwithstanding anything contained elsewhere in this act, direct that the name of such person be removed from the firstmentioned register and entered in the register of the secondmentioned state and the state councils concerned shall comply with such directions: provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former state have been paid: provided further that where any such application for transfer is made by a dentist against whom any disciplinary proceeding is pending or where for any other reason it appears to the council that the application for transfer has not been made bona fide and the transfer should not be made, the council may, after giving the dentist a reasonable opportunity of making a representation in this behalf, reject the application. 1. ins. by act 42 of , s. 24 w.e.f. .

section 48. of the dentists act : if any person, a not being a person registered in a register of dentists, takes or uses the description of dental practitioner, dental surgeon, surgeon dentist, or dentist, or b not being a person whose name entered on a register of dental hygienists, takes or uses in a 1state where such register has been published, the title of dental hygienist, or c not being a person whose name is entered on a register of dental mechanics, takes or uses in a 1state where such register has been published, the title of dental mechanic, 2or 2d not possessing a recognised dental qualification, uses a degree or a diploma or an abbreviation indicating or implying a dental qualification, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and any subsequent, conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. 1. subs. by the a.o. , for province. 2. ins. by act 12 of , s. 14

section 50. of the dentists act : if any person whose name has been removed from a register fails without sufficient cause forthwith to surrender his certificate of registration 1or certificate of renewal, or both, he shall be punishable with fine which may extend to fifty rupees per month of such failure and in the case of a continuing offence with an additional fine which may extend to two rupees per day after the first day during which the offence continues. 1. ins. by act 42 of , s. 25 w.e.f. .

section 53. of the dentists act : the 1state council shall before the end of june in each year pay to the council a sum equivalent to onefourth of the total fees realised by the 1state council under this act during the period of twelve months ending on the 31st day of march of that year. 1. subs. by the a.o. , for provincial.

section 51. of the dentists act : 1 except as hereinafter provided, the profession of dentistry shall not be carried on by a company or other corporate body. 2 the provisions of subsection 1 shall not apply to a a company or other corporate body which carries on no business other than the profession of dentistry or some business ancillary to the profession of dentistry and of which the majority of the directors and all the operating staff are registered dentists b the carrying on of the profession of dentistry by employers who provide dental treatment for their employees by registered dentists otherwise than for profit c the carrying on of the profession of dentistry by any hospital or dispensary or institution for the training of dentists or dental hygienists or by any local authority or other body authorised or required by law to provide dental treatment: provided that any company or other corporate body carrying on the profession of dentistry 1immediately before the date appointed under subsection 2 of section 32 may continue so to do until the expiry of three years from such date. 3 if any person contravenes the provisions of subsection 1, he shall be punishable with fine which may extend, on first conviction to five hundred rupees, or on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both. 1. subs. by act 12 of , s. 16, for at the date of the commencement of this act.

section 52. of the dentists act : no court shall take cognizance of any offence punishable under this act except upon complaint made by order of the 1state government or the 1state council. 1. subs. by the a.o. , for provincial.

section 55. of the dentists act : 1 the 1state government may, by notification in the official gazette, make rules to carry out the purposes of chapters iii, iv and v. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the management of the property of the 1state council, and the maintenance and audit of its accounts b the manner in which elections under chapter iii shall be conducted c the summoning and holding of meetings of the 1state council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to form a quorum d the powers and duties of the president and vicepresident of the 1state council e the constitution and functions of the executive committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, the number of members necessary to constitute a quorum f the term of office and the powers and duties of the registrar and other officers and servants of the 1state council, including the amount and nature of the security to be given by the treasurer g the particulars to be stated, and the proof of qualifications to be given in applications for registration under this act 2gg the form of application for transfer of registration from one state to another 3h the charge for supplying printed copies of the registers, and the fees payable fo i registration or renewal of registration ii supplying a duplicate certificate of registration or renewal and iii transfer of registration from one state to another i the forms of certificates of registration and renewal j any other matter which is to be or may be prescribed under chapters iii, iv and v, except subsections 1, 2, 3 and 4 of section 54. 43 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by the a.o. , for provincial. 2. ins. by act 42 of , s. 27 w.e.f. . 3. subs. by s. 27, ibid., for clauses h and i w.e.f. . 4. ins. by act 4 of , s. 2 and the schedule w.e.f.

section 53a. of the dentists act : 153a.accounts and audit. 1 the council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balancesheet, in accordance with such general directions as may be issued and in such form as may be specified by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the council shall be audited annually by the comptroller and auditorgeneral of india or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the council to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the council shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the council. 4 the accounts of the council as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government. 5 a copy of the accounts of the council as so certified together with the audit report thereon shall be forwarded simultaneously to the council. 1. ins. by act 42 of , s. 26 w.e.f. .

section 54. of the dentists act : 1 whenever it appears to the central government that the council is not complying with any of the provisions of this act, the central government may appoint a commission of enquiry consisting of three persons, two of whom shall be appointed by the central government, one being the judge of a high court, and one by the council and refer to it the matters on which the enquiry is to be made. 2 the commission shall proceed to enquire in a summary manner and report to the central government on the matters referred to it together with such remedies, if any, as the commission may like to recommend. 3 the central government may accept the report or remit the same to the commission for modification or reconsideration. 4 after the report is finally accepted, the central government may order the council to adopt the remedies so recommended within such time as may be specified in the order and if the council fails to comply within the time so specified, the central government may pass such order or take such action as may be necessary to give effect to the recommendations of the commission. 5 whenever it appears to the 1state government that the 1state council is not complying with any of the provisions of this act, the 1state government may likewise appoint a similar commission of enquiry in respect of the 1state council to make enquiry in like manner and pass such order or take such action as specified in subsections 3 and 4. 1. subs. by the a.o. , for provincial.

section 8. of the womens and childrens institutions licensing act . : 1 where the licensing authority is other than the state government, any person aggrieved by an order of the licensing authority refusing to grant a licence or revoking a licence, may within such period as may be prescribed, prefer an appeal to the state government against such refusal or revocation. 2 the order of the state government on such appeal and subject only to such order, the order of the licensing authority shall be final.

section 1. of the womens and childrens institutions licensing act . : 1 this act may be called the womens and childrens institutions licensing act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force in a state on such date as the state government may, by notification in the official gazette, appoint.

section 7. of the womens and childrens institutions licensing act . : 1 where any person to whom a licence has been granted under this act, or any agent or servant of such person commits a breach of any of the conditions thereof, or any of the provisions of this act, or any of the rules made thereunder, or where the licensing authority is not satisfied with the condition, management or superintendence of an institution, the licensing authority may, without prejudice to any other penalty which may have been incurred under this act, for reasons to be recorded, revoke the licence by order in writing: provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence should not be revoked. 2 where a licence in respect of an institution has been revoked under the foregoing subsection, such institution shall cease to function from the date of such revocation: provided that where an appeal lies under section 8 against the order of revocation, such institution shall cease to function a where no such appeal has been preferred, immediately on the expiration of the period prescribed for the filing of such appeal b where such appeal has been preferred but the order of revocation has been upheld, from the date of the appellate order. 3 on the revocation of a licence in respect of an institution, the licensing authority may direct that any woman or child who is an inmate of such institution on the date of such revocation shall be a restored to the custody of her or his parent, husband or lawful guardian, as the case may be or b transferred to another institution.

section 2. of the womens and childrens institutions licensing act . : in this act, unless the context otherwise requires, a child means a boy or girl who has not completed the age of eighteen years b institution means an institution established and maintained for the reception, care, protection and welfare of women or children c licensing authority means the state government or such officer or authority as may be prescribed d prescribed means prescribed by rules made by the state government under this act e woman means a female who has completed the age of eighteen years.

section 9. of the womens and childrens institutions licensing act . : any person who contravenes any of the provisions of this act or of any rule made thereunder, or any of the conditions of a licence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

section 3. of the womens and childrens institutions licensing act . : after the commencement of this act, no person shall establish or maintain an institution except under and in accordance with the conditions of a licence granted under this act.

section 4. of the womens and childrens institutions licensing act . : every person desiring to establish an institution shall make an application to the licensing authority in such form and containing such particulars as may be prescribed: provided that a person maintaining an institution at the commencement of this act shall be allowed a period of three months from such commencement to make an application for a licence.

section 5. of the womens and childrens institutions licensing act . : 1 on receipt of an application under section 4, the licensing authority, after making such inquiry as it considers necessary, shall, by order in writing, either grant thelicence or refuse to grant it. 2 where a licence is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner. 3 a licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf sixty days before the date of its expiration, be renewed for such period as the licensing authority may deem proper: provided that a licence may be renewed on an application made within sixty days before the date of its expiration if the licensing authority is satisfied that there was sufficient cause for not making the application earlier. 4 every licence granted under this act shall be in the prescribed form and shall be subject to such conditions as may be prescribed: provided that any such condition may require that the management of an institution shall, wherever practicable, be entrusted to women. 5 no fee shall be charged for the grant of a licence under this act.

section 6. of the womens and childrens institutions licensing act . : a licence granted under this act shall not be transferable.

section 12. of the womens and childrens institutions licensing act . : 1 as from the date of commencement in any state of this act, any state act corresponding to this act in force in that state immediately before such commencement shall stand repealed. 2 notwithstanding the repeal by this act of any state act referred to in subsection 1, anything done or any action taken including any direction given, any register, rule or order made or any restriction imposed under the provisions of such state act shall in so far as such thing or action is not inconsistent with the provisions of this act be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act. explanation.in this section, the expression state act includes a provincial act.

section 10. of the womens and childrens institutions licensing act . : nothing in this act shall apply to a hostels, or boarding houses attached to, or controlled or recognised by educational institutions or b any protective home established under the suppression of immoral traffic in women and girls act, of .

section 11. of the womens and childrens institutions licensing act . : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the form of application for licence and the particulars to be contained therein b the form of licence and the conditions subject to which such licence may be granted c the management of institutions d the reception, care, protection and welfare of women and children in institutions, including all matters relating to their diet, clothing, accommodation, training and general conduct e the inspection of institutions f the maintenance of registers and account and submission of returns and audit of such accounts g the discharge from institutions of women and children and their transfer from one institution to another h the manner of filing appeals under this act and the time within which such appeals shall be filed i the manner of service of orders and notices under this act j any other matter which is to be or may be prescribed.

section 8. of the minimum wages act : 1 for the purpose of advising the central and state governments in the matters of the fixation and revision of minimum rates of wages and other matters under this act and for coordinating the work of the advisory boards, the central government shall appoint a central advisory board. 2 the central advisory board shall consist of persons to be nominated by the central government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding onethird of its total number of members one of such independent persons shall be appointed the chairman of the board by the central government.

section 1. of the minimum wages act : show related subordinates 1 this act may be called the minimum wages act, . 2 it extends to the whole of india 2. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. .

section 2. of the minimum wages act : in this act, unless there is anything repugnant in the subject or context, 1a adolescent means a person who has completed his fourteenth year of age but has not completed his eighteenth year aa adult means a person who has completed his eighteenth year of age b appropriate government means, i in relation to any scheduled employment carried on by or under the authority of the 2central government or a railway administration, or in relation to a mine, oilfield or major port, or any corporation established by 3a central act, the central government, and ii in relation to any other scheduled employment, the state government 4bb child means a person who has not completed his fourteenth year of age c competent authority means the authority appointed by the appropriate government by notification in its official gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification d cost of living index number, in relation to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the official gazette to be the cost of living index number applicable to employees in such employment e employer means any person who employs, whether directly or through another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in respect of which minimum rates of wages have been fixed under this act, and includes, except in subsection 3 of section 26, i in a factory where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this act, any person named under 5clause f of subsection 1 of section 7 of the factories act, 63 of , as manager of the factory ii in any scheduled employment under the control of any government in india in respect of which minimum rates of wages have been fixed under this act, the person or authority appointed by such government for the supervision and control of employees or where no person or authority is so appointed, the head of the department iii in any scheduled employment under any local authority in respect of which minimum rates of wages have been fixed under this act, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority iv in any other case where there is carried on any scheduled employment in respect of which minimum rates of wages have been fixed under this act, any person responsible to the owner for the supervision and control of the employees or for the payment of wages f prescribed means prescribed by rules made under this act g scheduled employment means an employment specified in the schedule, or any process or branch of work forming part of such employment h wages means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, 6and includes house rent allowance, but does not include i the value of a any houseaccommodation, supply of light, water, medical attendance, or b any other amenity or any service excluded by general or special order of the appropriate government ii any contribution paid by the employer to any pension fund or provident fund or under any scheme of social insurance iii any travelling allowance or the value of any travelling concession iv any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment or v any gratuity payable on discharge i employee means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed and includes an outworker to whom any articles or materials are given out by another person to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of that other person where the process is to be carried out either in the home of the outworker or in some other premises not being premises under the control and management of that other person and also includes an employee declared to be an employee by the appropriate government but does not include any member of the armed forces of the 7union. 1. subs. by act 61 of , s. 23, for clause a. 2. subs. by act 30 of , s. 2, for central government, by a railway administration. 3. subs. by the a.o. , for an act of the central legislature 4. ins. by act 61 of , s. 23. 5. subs. by act 26 of , s. 2, for clause e of subsection 1 of section 9 of the factories act, 25 of . 6. ins. by act 30 of , s. 2. 7. subs. by the a.o. , for crown.

section 3. of the minimum wages act : 11 the appropriate government shall, in the manner hereinafter provided, 2a fix the minimum rates of wages payable to employees employed in an employment specified specified in part i or part ii of the schedule and in an employment added to either part by notification under section 27: provided that the appropriate government may, in respect of employees employed in an employment specified in part ii of the schedule, instead of fixing minimum rates of wages under this clause for the whole state, fix such rates for a part of the state or for any specified class or classes of such employment in the whole state or part thereof b review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary: 3provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force. 1a notwithstanding anything contained in subsection 1, the appropriate government may refrain from fixing minimum rates of wages in respect of any scheduled employment in which there are in the whole state less than one thousand employees engaged in such employment, but if at any time, 4 the appropriate government comes to a finding after such inquiry as it may make or cause to be made in this behalf that the number of employees in any scheduled employment in respect of which it has refrained from fixing minimum rates of wages has risen to one thousand or more, it shall fix minimum rates of wages payable to employees in such employment 5as soon as may be after such finding. 2 the appropriate government may fix, a a minimum rate of wages for time work hereinafter referred to as a minimum time rate b a minimum rate of wages for piece work hereinafter referred to as a minimum piece rate c a minimum rate of remuneration to apply in the case of employees employed on piece work for the purpose of securing to such employees a minimum rate of wages on a time work basis hereinafter referred to as a guaranteed time rate d a minimum rate whether a time rate or a piece rate to apply in substitution for the minimum rate which would otherwise be applicable, in respect of overtime work done by employees hereinafter referred to as overtime rate. 62a where in respect of an industrial dispute relating to the rates of wages payable to any of the employees employed in a scheduled employment, any proceeding is pending before a tribunal or national tribunal under the industrial disputes act, 14 of or before any like authority under any other law for the time being in force, or an award made by any tribunal, national tribunal or such authority is in operation, and a notification fixing or revising the minimum rates of wages in respect of the scheduled employment is issued during the pendency of such proceeding or the operation of the award, then, notwithstanding anything contained in this act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or, as the case may be, where the notification is issued during the period of operation of an award, during that period and where such proceeding or award relates to the rates of wages payable to all the employees in the scheduled employment, no minimum rates of wages shall be fixed or revised in respect of that employment during the said period. 3 in fixing or revising minimum rates of wages under this section, a different minimum rates of wages may be fixed for i different scheduled employments ii different classes of work in the same scheduled employment iii adults, adolescents, children and apprentices iv different localities 7b minimum rates of wages may be fixed by any one or more of the following wageperiods, namely: i by the hour, ii by the day, iii by the month, or iv by such other larger wageperiod as may be prescribed and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated: provided that where any wageperiods have been fixed under section 4 of the payment of wages act, 4 of , minimum wages shall be fixed in accordance therewith. state amendment kerala amendment of section 3.1 section 3 of the minimum wages act, central act 11 of , in its application to the fixation of minimum rates of wages in respect of employments specified in part i and part ii of the schedule to the act, in relation to which the appropriate government is the state government, shall have effect in the state of kerala subject to the amendments specified in subsection 2. 2 in subsection 1 of section 3 of the minimum wages act, central act 11 of , i in the opening words, for the words the appropriate government, the words the state government shall be substituted ii in clause a, a in subclauses i and ii, for the figures, letters and words 31st day of december, , the figures, letters and words 31st day of december, , the figures, letters and words 31st day of march, , or such other date, not being later than the 31st day of march, , as the state government may, from time to time, fix by notification in the gazette shall be substituted b after the existing proviso, the following further proviso, the following further proviso shall be inserted, namely: provided further that where, in fixing the minimum rates of wages of any employment under subclause 1 or subclause ii, any class of employees is left out, the state government may, at any time, fix the minimum rates of wages payable to such class of employees. explanation.for the purpose of this proviso, the expression employees left out with reference to an employment shall include i employees employed in a particular locality in the employment, the minimum rates of wages payable to whom have not been fixed ii employees employed in any process or branch of work which was not in existence in the employment at the time when the minimum rates of wages were fixed vide kerala act 18 of , sec. 2 w.e.f. . 1. subs. by act 26 of , s.3, for subsection 1. 2. subs. by act 31 of , s. 2, for clause a. 3. ins. by act 30 of , s. 3. 4. certain words, brackets and figure omitted by act 31 of , s. 2. 5. subs. by s. 2, ibid., for certain words. 6. ins. by s. 2, ibid. 7. subs. by act 30 of , s. 3 for clause b.

section 7. of the minimum wages act : for the purpose of coordinating the work of 18committees and subcommittees appointed under section 5 and advising the appropriate government generally in the matter of fixing and revising minimum rates of wages, the appropriate government shall appoint an advisory board. 1. subs. by act 30 of , s. 6, for committees, subcommittees, advisory committees and the advisory subcommittees appointed under sections 5 and 6

section 6.. of the minimum wages act : advisory committees and subcommittees. omitted by the minimum wages amendment act, 30 of , s. 5.

section 9. of the minimum wages act : each of the committees, subcommittees 1 and the advisory board shall consist of persons to be nominated by the appropriate government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding onethird of its total number of members one of such independent persons shall be appointed the chairman by the appropriate government. 1. the words advisory committee, advisory subcommittees omitted by s. 7, ibid.

section 10. of the minimum wages act : 110. correction of errors.1 the appropriate government may, at any time, by notification in the official gazette, correct clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages under this act, or errors arising therein from any accidental slip or omission. 2 every such notification shall, as soon as may be after it is issued, be placed before the advisory board for information. 1. subs. by s. 8, ibid., for section 10.

section 5. of the minimum wages act : 15. procedure for fixing and revising minimum wages.1 in fixing minimum rates of wages in respect of any scheduled employment for the first time under this act or in revising minimum rates of wages so fixed, the appropriate government shall either a appoint as many committees and subcommittees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or b by notification in the official gazette, publish its proposals for the information of persons likely to be affected thereby and specify a date, not less than two months from the date of the notification, on which the proposals will be taken into consideration. 2 after considering the advice of the committee or committees appointed under clause a of subsection 1, or as the case may be, all representations received by it before the date specified in the notification under clause b of that subsection, the appropriate government shall, by notification in the official gazette, fix, or, as the case may be, revise the minimum rates of wages in respect of each scheduled employment, and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue: provided that where the appropriate government proposes to revise the minimum rates of wages by the mode specified in clause b of subsection 1, the appropriate government shall consult the advisory board also. state amendments assam in section 5 of the said act, at the end of clause a of subsection 1, for the comma and the word or after the word be, a colon shall be substituted and the following proviso shall be added, namely: provided the committees and subcommittee as so appointed may advise the appropriate government in respect of fixation of wages on interim measure after holding such preliminary enquiries as the committee or the subcommittee, as the case may be, considers necessary in this behalf and the appropriate government after considering such advice may fix the wages pending the fixation of the minimum rate of wages as required under subsection 2 or. vide assam act 19 of , sec. 2 w.e.f. . 1.. subs. by s. 4, ibid., for section 5.

section 11. of the minimum wages act : 1 minimum wages payable under this act shall be paid in cash. 2 where it has been the custom to pay wages wholly or partly in kind, the appropriate government being of the opinion that it is necessary in the circumstances of the case may, by notification in the official gazette, authorise the payment of minimum wages either wholly or partly in kind. 3 if the appropriate government is of the opinion that provision should be made for the supply of essential commodities at concession rates, the appropriate government may, by notification in the official gazette, authorise the provision of such supplies at concession rates. 4 the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates authorised under subsections 2 and 3 shall be estimated in the prescribed manner. state amendment uttar pradesh in section 11 of the minimum wages act, for subsection 1, the following subsection shall be substituted, namely : 1 every employer/owner of industrial or other establishment shall make payment of wages to his employee through cheques or n.e.f.t, e.c.s or other banking solutions: provided that if the work of employed person is of temporary, casual or fixed term then on his written consent and on submission of a copy of his selfattested aadhar card, the employer can make cash payment of wages not more than rupees five thousand once in three months. vide uttar pradesh act 11 of , s. 2

section 4. of the minimum wages act : 1 any minimum rate of wages fixed or revised by the appropriate government in respect of scheduled employments under section 3 may consist of i a basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such manner as the appropriate government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers hereinafter referred to as the cost of living allowance or ii a basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorised or iii an allinclusive rate allowing for the basic rate, the cost of living allowance and the cash value of the concessions, if any. 2 the cost of living allowance and the cash value of the concessions in respect of supplies of essential commodities at concession rates shall be computed by the competent authority at such intervals and in accordance with such directions as may be specified or given by the appropriate government.

section 13. of the minimum wages act : 11 in regard to any scheduled employment minimum rates of wages in respect of which have been fixed under this act, the appropriate government may a fix the number of hours of work which shall constitute a normal working day, inclusive of one or more specified intervals b provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest c provide for payment for work on a day of rest at a rate not less than the overtime rate. 22 the provisions of subsection 1 shall, in relation to the following classes of employees, apply only to such extent and subject to such conditions as may be prescribed: a employees engaged on urgent work, or in any emergency which could not have been foreseen or prevented b employees engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned c employees whose employment is essentially intermittent d employees engaged in any work which for technical reasons has to be completed before the duty is over e employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces. 3 for the purposes of clause c of subsection 2, employment of an employee is essentially intermittent when it is declared to be so by the appropriate government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty, normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention. 1. section 13 renumbered as subsection 1 of thereof by act 30 of , s. 10. 2. ins. by s. 10, ibid.

section 20. of the minimum wages act : 1 the appropriate government may, by notification in the official gazette, appoint 1any commissioner for workmens compensation or any officer of the central government exercising functions as a labour commissioner for any region, or any officer of the state government not below the rank of labour commissioner or any other officer with experience as a judge of a civil court or as a stipendiary magistrate to be the authority to hear and decide for any specified area all claims arising out of payment of less than the minimum rates of wages 2or in respect of the payment of remuneration for days of rest or for work done on such days under clause b or clause c of subsection 1 of section 13 or of wages at the overtime rate under section 14, to employees employed or paid in that area. 2 3where an employee has any claim of the nature referred to in subsection 1, the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any inspector, or any person acting with the permission of the authority appointed under subsection 1, may apply to such authority for a direction under subsection 3: provided that every such application shall be presented within six months from the date on which the minimum wages 2or other amount became payable: provided further that any application may be admitted after the said period of six months when the applicant satisfies the authority that he had sufficient cause for not making the application within such period. 43 when any application under subsection 2 is entertained, the authority shall hear the applicant and the employer, or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this act, direct i in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum wages payable to him exceed the amount actually paid, together with the payment of such compensation as the authority may think fit, not exceeding ten times the amount of such excess ii in any other case, the payment of the amount due to the employee, together with the payment of such compensation as the authority may think fit, not exceeding ten rupees, and the authority may direct payment of such compensation in cases where the excess or the amount due is paid by the employer to the employee before the disposal of the application. 4 if the authority hearing any application under this section is satisfied that it was either malicious or vexatious, it may direct that a penalty not exceeding fifty rupees be paid to the employer by the person presenting the application. 5 any amount directed to be paid under this section may be recovered a if the authority is a magistrate, by the authority as if it were a fine imposed by the authority as a magistrate, or b if the authority is not a magistrate, by any magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such magistrate. 6 every direction of the authority under this section shall be final. 7 every authority appointed under subsection 1 shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 5 of . state amendments kerala amendment of section 20in section 20 of the minimum wages act, central act 11 of hereinafter referred to as the principal act, a in subsection 1, for the words or any officer of the state government not below the rank of a labour commissioner, the words or any officer of the state government not below the rank of a deputy labour commissioner shall be substituted b in subsection 4, for the words fifty rupees, the words one hundred rupees shall be substituted c in subsection 5, for clause b, the following clause shall be substituted, namely: b if the authority is not a magistrate, by the authority, as if it were arrears of revenue due on land, without prejudice to any other mode of recovery.. vide kerala act 23 of , sec. 2. karnataka amendment of section 20.in section 20 of the minimum wages act, central act xi of , herein after referred to as the principal act, i in subsection 1, for the words not below the rank of labour commissioner, the words not below the rank of assistant labour commissioner shall be substituted. ii in subsection 4, for the words fifty rupees the words one thousand rupees shall be substituted. vide karnataka act 40 of , sec. 2. state amendment karnataka in subsection 1 of section 20, for the words stipendiary magistrate the words judicial magistrate shall be substituted. vide karnataka act 13 of , s. 67 and schedule rajasthan amendment of sections 20, central act 11 of . in the minimum wages act, central act 11 of , in its application to the state of rajasthan, in section 20, in subsection 1, after the expression labour commissioner, the expression or a vikas adhikari appointed under the rajasthan panchayat samitis and zila parishads act, rajasthan act 37 of shall be inserted. vide rajasthan act 11 of , s. 3 1. subs. by act 30 of , s. 12, for any commissioner for workmens compensation or. 2. ins. by s. 12, ibid. 3. subs. by s. 12, ibid., for certain words. 4. subs. by s. 12, ibid., for subsection 3 .

section 12. of the minimum wages act : 1 where in respect of any scheduled employment a notification under section 5 1 is in force, the employer shall pay to every employee engaged in a scheduled employment under him wages at a rate not less than the minimum rate of wages fixed by such notification for that class of employees in that employment without any deductions except as may be authorised within such time and subject to such conditions as may be prescribed. 2 nothing contained in this section shall affect the provisions of the payment of wages act, 4 of . 1. the words and figures or section 10 omitted by s. 9, ibid.

section 14. of the minimum wages act : 1 where an employee, whose minimum rate of wages is fixed under this act by the hour, by the day or by such a longer wageperiod as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this act or under any law of the appropriate government for the time being in force, whichever is higher. 2 nothing in this act shall prejudice the operation of the provisions of 1section 59 of the factories act, 63 of in any case where those provisions are applicable. 1. subs. by act 26 of , s. 4 for section 47 of the factories act, 25 of .

section 15. of the minimum wages act : if an employee whose minimum rate of wages has been fixed under this act by the day works on any day on which he was employed for a period less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done by him on that day as if he had worked for a full normal working day: provided, however, that he shall not be entitled to receive wages for a full normal working day i in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work, and ii in such other cases and circumstances as may be prescribed.

section 17. of the minimum wages act : where an employee is employed on piece work for which minimum time rate and not a minimum piece rate has been fixed under this act, the employer shall pay to such employee wages at not less than the minimum time rate.

section 19. of the minimum wages act : 1 the appropriate government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local limits within which they shall exercise their functions. 2 subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed a enter, at all reasonable hours, with such assistants if any, being persons in the service of the government or any local or other public authority, as he thinks fit, any premises or place where employees are employed or work is given out to outworkers in any scheduled employment in respect of which minimum rates of wages have been fixed under this act, for the purpose of examining any register, record of wages or notices required to be kept or exhibited by or under this act or rules made thereunder, and require the production thereof for inspection b examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an employee employed therein or an employee to whom work is given out therein c require any person giving outwork and any outworkers, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work 1d seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by an employer and e exercise such other powers as may be prescribed. 3 every inspector shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 24 any person required to produce any document or thing or to give any information by an inspector under subsection 2 shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code 45 of . 1. subs. by act 30 of , s. 11, for clause d. 2. ins. by s. 11, ibid.

section 22a. of the minimum wages act : 122a. general provision for punishment of other offences.any employer who contravenes any provision of this act or of any rule or order made thereunder shall, if no other penalty is provided for such contravention by this act, be punishable with fine which may extend to five hundred rupees. state amendments kerala substitution of section 22a.for section 22a of the principal act, the following section shall be substituted, namely: 22a. general provision for punishment of other offences.1 whoever contravenes the provisions of this act or the rules made thereunder shall be punishable with fine which may extend to two lakh rupees and in the case of a continuing contravention, with an additional fine which may extend to two thousand rupees for every day during which such contravention continues: provided that the total amount of fine shall not exceed two thousand rupees per worker employed. 2 if any person who has been convicted of any offence punishable under subsection 1 is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable on a subsequent conviction with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. 3 notwithstanding anything contained in subsection 2 of section 29 of the code of criminal procedure, central act 2 of , it shall be lawful for the magistrate to impose a fine for an amount exceeding ten thousand rupees.. vide kerala act 23 of , sec. 4. karnataka amendment of section 22a.in section 22a of the principal act, for the words five hundred rupees the words ten thousand rupees shall be substituted. vide karnataka act 40 of , sec. 4. 1. subs. by s. 14, ibid., for section 22.

section 16. of the minimum wages act : where an employee does two or more classes of work to each of which a different minimum rate of wages is applicable, the employer shall pay to such employee in respect of the time respectively occupied in each such class of work, wages at not less than the minimum rate in force in respect of each such class.

section 18. of the minimum wages act : 1 every employer shall maintain such registers and records giving such particulars of employees employed by him, the work performed by them, the wages paid to them, the receipts given by them and such other particulars and in such form as may be prescribed. 2 every employer shall keep exhibited, in such manner as may be prescribed, in the factory, workshop or place where the employees in the scheduled employment may be employed, or in the case of outworkers, in such factory, workshop or place as may be used for giving outwork to them, notices in the prescribed form containing prescribed particulars. 3 the appropriate government may, by rules made under this act, provide for the issue of wage books or wage slips to employees employed in any scheduled employment in respect of which minimum rates of wages have been fixed and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

section 22b. of the minimum wages act : 122b. cognizance of offences.1 no court shall take cognizance of a complaint against any person for an offence a under clause a of section 22 unless an application in respect of the facts constituting such offence has been presented under section 20 and has been granted wholly or in part, and the appropriate government or an officer authorised by it in this behalf has sanctioned the making of the complaint b under clause b of section 22 or under section 22a except on a complaint made by, or with the sanction of, an inspector. 2 no court shall take cognizance of an offence a under clause a or clause b of section 22, unless complaint thereof is made within one month of the grant of sanction under this section b under section 22a, unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed. 1. subs. by s. 14, ibid., for section 22.

section 21. of the minimum wages act : 1 1subject to such rules as may be prescribed, a single application may be presented under section 20 on behalf or in respect of any number of employees employed in the scheduled employment in respect of which minimum rates of wages have been fixed and in such cases the maximum compensation which may be awarded under subsection 3 of section 20 shall not exceed ten times the aggregate amount of such excess 2or ten rupees per head, as the case may be. 2 the authority may deal with any number of separate pending applications presented under section 20 in respect of employees in the scheduled employments in respect of which minimum rates of wages have been fixed, as a single application presented under subsection 1 of this section and the provisions of that subsection shall apply accordingly. 1. subs. by act 30 of , s. 13, for a single application. 2. ins. by s. 13, ibid.

section 22d. of the minimum wages act : 122d. payment of undisbursed amounts due to employees.all amounts payable by an employer to an employee as the amount of minimum wages of the employee under this act or otherwise due to the employee under this act or any rule or order made thereunder shall, if such amounts could not or cannot be paid to the employee on account of his death before payment or on account of his whereabouts not being known, be deposited with the prescribed authority who shall deal with the money so deposited in such manner as may be prescribed. 1. subs. by s. 14, ibid., for section 22.

section 22. of the minimum wages act : 122. penalties for certain offences.any employer who a pays to any employee less than the minimum rates of wages fixed for that employees class of work, or less than the amount due to him under the provisions of this act, or b contravenes any rule or order made under section 13, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: provided that in imposing any fine for an offence under this section, the court shall take into consideration the amount of any compensation already awarded against the accused in any proceedings taken under section 20. state amendments kerala amendment of section 22.in section 22 of the principal act, for the words five hundred rupees the words one lakh rupees shall be substituted. vide kerala act 23 of , sec. 3. karnataka amendment of section 22.in section 22 of the principal act for the words which may extend to five hundred rupees the words which shall not be less than five thousand rupees but which may extend to ten thousand rupees shall be substituted. vide karnataka act 40 of , sec. 3. 1. subs. by s. 14, ibid., for section 22.

section 22c. of the minimum wages act : 122c. offences by companies.1 if the person committing any offence under this act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals, and b director in relation to a firm means a partner in the firm. state amendment uttar pradesh. insertion of new section 22cc, in act 11 of .in the minimum wages act, after section 22c, the following section shall be inserted, namely: 22cc. compounding of offence.an officer specially empowered by the state government in this behalf by notification may, subject to any general or special order of the state government in this behalf, compound any offence punishable under this act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii before the institution of the prosecution, the composition shall amount to acquittal of the offender. vide uttar pradesh act 35 of , s. 3 state amendment manipur insertion of section 22cc.in the minimum wages act, no. 21 of below section 22c, the following section shall be inserted, namely: 22cc.compounding of offences.an officer specially empowered by the state government in this behalf by notification in the official gazette may, subject to any general or special order of the state government in this behalf, compound any offence punishable under this act with fine only committed for the first time either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and where the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii after the institution of the prosecution, the composition shall amount to acquittal of the offender.. vide manipur act 7 of , s. 2 1. subs. by s. 14, ibid., for section 22.

section 22e. of the minimum wages act : 122e. protection against attachment of assets of employer with government.any amount deposited with the appropriate government by an employer to secure the due performance of a contract with that government and any other amount due to such employer from that government in respect of such contract shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the employer other than any debt or liability incurred by the employer towards any employee employed in connection with the contract aforesaid. 1. subs. by s. 14, ibid., for section 22.

section 22f. of the minimum wages act : 122f. application of payment of wages act, , to scheduled employments.1 notwithstanding anything contained in the payment of wages act, 4 of . the appropriate government may, by notification in the official gazette, direct that, subject to the provisions of subsection 2, all or any of the provisions of the said act shall with such modifications, if any, as may be specified in the notification, apply to wages payable to employees in such scheduled employments as may be specified in the notification. 2 where all or any of the provisions of the said act are applied to wages payable to employees in any scheduled employment under subsection 1, the inspector appointed under this act shall, be deemed to be the inspector for the purpose of enforcement of the provisions so applied within the local limits of his jurisdiction. 1. subs. by s. 14, ibid., for section 22.

section 23. of the minimum wages act : where an employer is charged with an offence against this act, he shall be entitled, upon complaint duly made by him, to have any other person whom he charges as the actual offender, brought before the court at the time appointed for hearing the charge and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court a that he has used due diligence to enforce the execution of this act, and b that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged: provided that in seeking to prove, as aforesaid, the employer may be examined on oath, and the evidence of the employer or his witness, if any, shall be subject to crossexamination by or on behalf of the person whom the employer charges as the actual offender and by the prosecution.

section 24. of the minimum wages act : no court shall entertain any suit for the recovery of wages in so far as the sum so claimed a forms the subject of an application under section 20 which has been presented by or on behalf of the plaintiff, or b has formed the subject of a direction under that section in favour of the plaintiff, or c has been adjudged in any proceeding under that section not to be due to the plaintiff, or d could have been recovered by an application under that section.

section 25. of the minimum wages act : any contract or agreement, whether made before or after the commencement of this act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this act shall be null and void in so far as it purports to reduce the minimum rate of wages fixed under this act.

section 27. of the minimum wages act : the appropriate government, after giving by notification in the official gazette not less than three months notice of its intention so to do, may, by like notification, add to either part of the schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under this act, and thereupon the schedule shall in its application to the state be deemed to be amended accordingly.

section 28. of the minimum wages act : the central government may give directions to a state government as to the carrying into execution of this act in the state.

section 26. of the minimum wages act : 1 the appropriate government may, subject to such conditions if any as it may think fit to impose, direct that the provisions of this act shall not apply in relation to the wages payable to disabled employees. 2 the appropriate government may, if for special reasons it thinks so fit, by notification in the official gazette, direct that 1subject to such conditions and for such period as it may specify the provisions of this act or any of them shall not apply to all or any class of employees employed in any scheduled employment or to any locality where there is carried on a scheduled employment. 22a the appropriate government may, if it is of opinion that, having regard to the terms and conditions of service applicable to any class of employees in a scheduled employment generally or in a scheduled employment in a local area 1or to any establishment or a part of any establishment in a scheduled employment, it is not necessary to fix minimum wages in respect of such employees of that class 34or in respect of employees in such establishment or such part of any establishment as are in receipt of wages exceeding such limit as may be prescribed in this behalf, direct, by notification in the official gazette and subject to such conditions, if any, as it may think fit to impose, that the provisions of this act or any of them shall not apply in relation to such employees. 3 nothing in this act shall apply to the wages payable by an employer to a member of his family who is living with him and is dependent on him. explanation.in this subsection a member of the employers family shall be deemed to include his or her spouse or child or parent or brother or sister. 1. ins. by act 30 of , s. 15. 2. ins. by act 26 of , s. 5.

section 30. of the minimum wages act : 1 the appropriate government may, subject to the condition of previous publication, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may a prescribe the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the committees, subcommittees, 1 and the advisory board b prescribe the method of summoning witnesses, production of documents relevant to the subjectmatter of the enquiry before the committees, subcommittees, 2 and the advisory board c prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates d prescribe the time and conditions of payment of, and the deductions permissible from, wages e provide for giving adequate publicity to the minimum rates of wages fixed under this act f provide for a day of rest in every period of seven days and for the payment of remuneration in respect of such day g prescribe the number of hours of work which shall constitute a normal working day h prescribe the cases and circumstances in which an employee employed for a period of less than the requisite number of hours constituting a normal working day shall not be entitled to receive wages for a full normal working day i prescribe the form of registers and records to be maintained and the particulars to be entered in such registers and records j provide for the issue of wage books and wage slips and prescribe the manner of making and authenticating entries in wage books and wage slips k prescribe the powers of inspectors for purposes of this act l regulate the scale of costs that may be allowed in proceedings under section 20 m prescribe the amount of courtfees payable in respect of proceedings under section 20 and n provide for any other matter which is to be or may be prescribed. 1. the words advisory committees, advisory subcommittees omitted by act 30 of , s. 16. 2. the words advisory committees, advisory subcommittees omitted by act 30 of , s. 16.

section 29. of the minimum wages act : the central government may, subject to the condition of previous publication, by notification in the official gazette, make rules prescribing the term of office of the members, the procedure to be followed in the conduct of business, the method of voting, the manner of filling up casual vacancies in membership and the quorum necessary for the transaction of business of the central advisory board.

section 31. of the minimum wages act : 131. validation of fixation of certain minimum rates of wages.where during the period a commencing on the 1st day of april, , and ending with the date of the commencement of the minimum wages amendment act, 26 of or b commencing on the 31st day of december, , and ending with the date of the commencement of the minimum wages amendment act, 30 of or c commencing on the 31st day of december, , and ending with the date of the commencement of the minimum wages amendment act, 31 of , minimum rates of wages have been fixed by an appropriate government as being payable to employees employed in any employment specified in the schedule in the belief or purported belief that such rates were being fixed under clause a of subsection 1 of section 3, as in force immediately before the commencement of the minimum wages amendment act, 26 of , or the minimum wages amendment act, 30 of , or the minimum wages amendment act, 31 of , as the case may be, such rates shall be deemed to have been fixed in accordance with law and shall not be called in question in any court on the ground merely that the relevant date specified for the purpose in that clause had expired at the time the rates were fixed: provided that nothing contained in this section shall extend, or be construed to extend, to affect any person with any punishment or penalty whatsoever by reason of the payment by him by way of wages to any of his employees during any period specified in this section of an amount which is less than the minimum rates of wages referred to in this section or by reason of noncompliance during the period aforesaid with any order or rule issued under section 13. 1. subs. by act 31 of , s. 4, for section 31.

section 30a. of the minimum wages act : 130a. rules made by central government to be laid before parliament.21 every rule made by the central government under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 32 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 31 of , s. 3. 2. section 30a renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 3. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 8. of the employment exchanges compulsory notification of vacancies act : no prosecution for an offence under this act shall be instituted except by, or with the sanction of, such officer of government as may be prescribed in this behalf or any person authorised by that officer in writing.

The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959

section 3. of the employment exchanges compulsory notification of vacancies act : 1 this act shall not apply in relation to vacancies, a in any employment in agriculture including horticulture in any establishment in private sector other than employment as agricultural or farm machinery operatives b in any employment in domestic service c in any employment the total duration of which is less than three months d in any employment to do unskilled office work e in any employment connected with the staff of parliament. 2 unless the central government otherwise directs by notification in the official gazette in this behalf, this act shall not also apply in relation to a vacancies which are proposed to be filled through promotion or by absorption of surplus staff of any branch or department of the same establishment or on the result of any examination conducted or interview held by, or on the recommendation of, any independent agency, such as the union or a state public service commission and the like b vacancies in an employment which carries a remuneration of less than sixty rupees in a month.

section 7. of the employment exchanges compulsory notification of vacancies act : 1 if any employer fails to notify to the employment exchanges prescribed for the purpose any vacancy in contravention of subsection 1 or subsection 2 of section 4, he shall be punishable for the first offence with fine which may extend to five hundred rupees and for every subsequent offence with fine which may extend to one thousand rupees. 2 if any person a required to furnish any information or return i refuses or neglects to furnish such information or return, or ii furnishes or causes to be furnished any information or return which he knows to be false, or iii refuses to answer, or gives a false answer to, any question necessary for obtaining any information required to be furnished under section 5 or b impedes the right of access to relevant records or documents or the right of entry conferred by section 6, he shall be punishable for the first offence with fine which may extend to two hundred and fifty rupees and for every subsequent offence with fine which may extend to five hundred rupees.

section 9. of the employment exchanges compulsory notification of vacancies act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 1. of the employment exchanges compulsory notification of vacancies act : show related subordinates 1 this act may be called the employment exchanges compulsory notification of vacancies act, . 2 it extends to the whole of india1 . 3 it shall come into force in a state on such date2 as the central government may, by notification in the official gazette, appoint in this behalf for such state and different dates may be appointed for different states or for different areas of a state. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 2.1st may, , vide notification no. g.s.r. 382, dated 1st april, , see gazette of india, extraordinary, part ii, sec. 3i, in respect of all the states to which the act extends and in the union territories of delhi, himachal pradesh, manipur and tripura.

section 4. of the employment exchanges compulsory notification of vacancies act : 1 after the commencement of this act in any state or area thereof, the employer in every establishment in public sector in that state or area shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed. 2 the appropriate government may, by notification in the official gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall, before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. 3 the manner in which the vacancies referred to in subsection 1 or subsection 2 shall be notified to the employment exchanges and the particulars of employments in which such vacancies have occurred or are about to occur shall be such as may be prescribed. 4 nothing in subsections 1 and 2 shall be deemed to impose any obligation upon any employer to recruit any person through the employment exchange to fill any vacancy merely because that vacancy has been notified under any of those subsections.

section 2. of the employment exchanges compulsory notification of vacancies act : in this act, unless the context otherwise requires, aappropriate government means 1 in relation to a any establishment of any railway, major port, mine or oilfield, or b any establishment owned, controlled or managed by i the central government or a department of the central government, ii a company in which not less than fiftyone per cent. of the share capital is held by the central government or partly by the central government and partly by one or more state governments, iii a corporation including a cooperative society established by or under a central act which is owned, controlled or managed by the central government, the central government 2 in relation to any other establishment, the government of the state in which that other establishment is situate b employee means any person who is employed in an establishment to do any work for remuneration c employer means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment d employment exchange means any office or place established and maintained by the government for the collection and furnishing of information, either by the keeping of registers or otherwise, respecting i persons who seek to engage employees, ii persons who seek employment, and iii vacancies to which persons seeking employment may be appointed e establishment means a any office, or b any place where any industry, trade, business or occupation is carried on f establishment in public sector means an establishment owned, controlled or managed by 1 the government or a department of the government 2 a government company as defined in section 617 of the companies act, 1 of 3 a corporation including a cooperative society established by or under a central, provincial or state act, which is owned, controlled or managed by the government 4 a local authority g establishment in private sector means an establishment which is not an establishment in public sector and where ordinarily twentyfive or more persons are employed to work for remuneration h prescribed means prescribed by rules made under this act i unskilled office work means work done in an establishment by any of the following categories of employees, namely: 1 daftri 2 jemadar, orderly and peon 3 dusting man or farash 4 bundle or record lifter 5 process server 6 watchman 7 sweeper 8 any other employee doing any routine or unskilled work which the central government may, by notification in the official gazette, declare to be unskilled office work.

section 5. of the employment exchanges compulsory notification of vacancies act : 1 after the commencement of this act in any state or area thereof, the employer in every establishment in public sector in that state or area shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment, to such employment exchanges as may be prescribed. 2 the appropriate government may, by notification in the official gazette, require that from such date as may be specified in the notification, the employer in every establishment in private sector or every establishment pertaining to any class or category of establishments in private sector shall furnish such information or return as may be prescribed in relation to vacancies that have occurred or are about to occur in that establishment to such employment exchanges as may be prescribed, and the employer shall thereupon comply with such requisition. 3 the form in which, and the intervals of time at which, such information or return shall be furnished and the particulars which they shall contain shall be such as may be prescribed.

section 6. of the employment exchanges compulsory notification of vacancies act : such officer of government as may be prescribed in this behalf, or any person authorised by him in writing, shall have access to any relevant record or document in the possession of any employer required to furnish any information or returns under section 5 and may enter at any reasonable time any premises where he believes such record or document to be and inspect or take copies of relevant records or documents or ask any question necessary for obtaining any information required under that section.

section 10. of the employment exchanges compulsory notification of vacancies act : 1 the central government may, by notification in the official gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the employment exchange or exchanges to which, the form and manner in which, and the time within which vacancies shall be notified, and the particulars of employments in which such vacancies have occurred or are about to occur b the form and manner in which, and the intervals at which, information and returns required under section 5 shall be furnished, and the particulars which they shall contain c the officers by whom and the manner in which the right of access to documents and the right of entry conferred by section 6 may be exercised d any other matter which is to be, or may be, prescribed under this act. 13 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 8. of the bihar value added tax act : the burden of proving that any sale or purchase effected by a dealer is not liable to tax under section 6 or section 7 or subsection 2 of section 13, as the case may be, or that he is eligible for an input tax credit under sections 16 and 17 shall be on the dealer

section 1. of the bihar value added tax act : 1 this act may be called the bihar value added tax act, . 2 it shall extend to the whole of the state of bihar. 3 it shall be deemed to have come into force on the 1st day of april, .

section 7. of the bihar value added tax act : no tax shall be payable on sale or purchase of goods specified in schedule i.

section 2. of the bihar value added tax act : in this act, unless the context otherwise requires, a assessing authority means any of the authorities referred to in section 10 who is directed under subsection 2 of that section to exercise or perform all or any of the powers and functions conferred on an assessing authority under this act b assistant commercial taxes officer means an assistant commercial taxes officer appointed under subsection 1 of section 10 c assistant commissioner of commercial taxes means an assistant commissioner of commercial taxes and additional assistant commissioner of commercial taxes appointed under subsection 1 of section 10 d business includes, i any trade, commerce, manufacture or any adventure or concern in the nature of trade, commerce, manufacture, whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure or concern ii any transaction of sale or purchase in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern and iii any transaction in connection with, or incidental or ancillary to, the commencement or closure of such business e capital goods means plant, machinery and equipment used in trade or manufacturing of goods f casual trader means a person, who, whether as principal, agent or in any other capacity undertakes occasional transactions in the nature of business involving buying, selling, supply or distribution of goods or conducting any exhibitioncumsale in the state of bihar, whether for cash, deferred payment, commission, remuneration or other valuable consideration g commercial taxes officer means a commercial taxes officer appointed under subsection 1 of section 10 h commissioner means the commissioner of commercial taxes appointed under subsection 1 of section 10 or additional commissioner of commercial taxes and any other officer upon whom the state government may, by notification, confer all or any of the powers and duties of the commissioner under this act i dealer means any person who, whether regularly or otherwise, in the course of business, buys, sells, supplies, distributes or does anything incidental to such buying, selling, supplying or distributing of goods, directly or indirectly, whether for cash, or for deferred payment or for commission, remuneration or other valuable consideration and includes a a local authority b a hindu undivided family c a company, or any society including a cooperative society, club, firm, association of persons or body of individuals, whether incorporated or not, which carries on such business d a society including a cooperative society, club, firm or association which buys goods from, or sells, supplies or distributes goods to its members e an industrial, commercial, banking or trading undertaking, whether or not, of the central government or of any of the state governments or of a local authority f a casual trader g a commission agent, broker, factor, a del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of buying, selling, supplying or distributing goods on behalf of the principal. explanation. every person who acts as an agent on behalf of a dealer residing outside the state of bihar and buys, sells, supplies or distributes goods in the state or acts on behalf of such dealer as a a commission agent, broker, factor, a del credere agent, an auctioneer or any other mercantile agent, by whatever name called or b an agent for handling goods or documents of title to goods or c an agent for the collection or the payment of the sale price of goods or as a guarantor for such collection or payment or d a local branch of a firm or company situated outside the state, shall be deemed to be a dealer for the purposes of this act j declared goods means goods declared under section 14 of the central sales tax act, 74 of to be of special importance in interstate trade or commerce k deputy commissioner of commercial taxes means the deputy commissioner of commercial taxes or additional deputy commissioner of commercial taxes appointed under subsection 1 of section 10 l goods means all kinds of movable property including livestock, computer software, any electronic chip used for the purpose of storing or transmitting data or voice and all materials, commodities and articles as such or in some other form but excluding newspapers, electricity, actionable claims, stocks, shares or security. explanation. for the purposes of this clause, materials, commodities and articles, i attached to or forming part of an immovable property which are agreed to be severed under the contract of sale or ii sold or supplied as such or in some other form in the execution of works contract, lease or hire purchase, shall be deemed to be goods within the meaning of this clause m goods carrier means a motor vehicle, vessel, boat, animal and any form of conveyance used for carrying goods n government means the government of the state of bihar o gross turnover means, i for the purposes of levy of tax on sales, in respect of sale of goods, aggregate of sale prices received or receivable by a dealer on sales and includes sale of goods made outside the state of bihar or in the course of interstate trade or commerce or export but does not include sale price of goods which have borne the incidence of tax on purchases under sections 4 and 5 ii for the purposes of levy of tax on purchase, aggregate of purchase prices paid or payable by a dealer during any given period in respect of purchase of goods or class or description of goods which are liable to tax under sections 4 and 5 and iii for the purposes of section 3, the aggregate of the amounts under subclauses i and ii above. explanation.for the purposes of this clause, the amount received by a dealer on account of price variation or price escalation in respect of sale or supply of goods shall be deemed to form part of gross turnover of the financial year during which it is actually received p importer means a dealer who brings any goods into the state of bihar or to whom any goods are despatched from any place outside the state of bihar q input means goods excluding goods specified in schedule iv purchased in the course of business a for resale b for use in manufacture of goods including packing materials c for use as capital goods as defined in clause e r input tax means the amount paid or payable by a registered dealer, by way of tax under this act, in respect of purchase of any taxable goods s inspector means an inspector of commercial taxes appointed under subsection 3 of section 10 t month means a calendar month u notification means a notification published in the official gazette v output tax means the tax charged or chargeable in respect of sale or supply of goods made by a registered dealer w place of business means any place where a dealer, either usually or for the time being, manufactures, sells or purchases goods or keeps accounts of stocks, manufactures, sales or purchases, execution of works contracts, hire purchase contracts and lease contracts or any other place where business activity takes place and includes i the place of business of an agent, in case of a dealer carrying on business through an agent or ii any place or building in which a person carrying on a business, keeps any of his books of account, documents, stocks or other things, relating to his business x prescribed authority means the authority prescribed by the rules made under this act to exercise powers conferred under different provisions and perform such functions as may be conferred by or under this act y prescribed means prescribed under the rules made under this act z purchase price means the amount paid or payable by a dealer as a valuable consideration in respect of purchase of goods and includes i any amount charged for anything done by the vendor in respect of the goods at the time of, or before, the delivery thereof ii transport costs or freight, if any iii trade commission, if any, by whatever name called iv clearing, forwarding and handling charges, if any v insurance charges, if any vi taxes or duties under any law for the time being in force other than tax paid or payable under this act by whatever name called, if any vii cost of packing, if any and viii the amount paid or payable by the purchaser by way of nonrefundable deposit, whether by way of a separate agreement or not, in connection with or incidental or ancillary to, the said purchase of goods za quarter means the quarter ending on the 30th june, 30th september, 31st december and 31st march and the expression quarterly shall be construed accordingly zb registered dealer means a dealer in possession of a valid certificate of registration granted to him under section 19 or under the provisions of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94 zc sale with all its grammatical variations and cognate expressions means any transfer of property in goods for cash or deferred payment or for other valuable consideration and includes i a transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration ii a transfer of property in goods whether as goods or in some other form involved in the execution of a works contract iii a delivery of goods on hire purchase or any system of payment by instalments iv a transfer of the right to use any goods for any purpose whether or not for a specified period for cash, deferred payment or other valuable consideration v a supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration vi a supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink whether or not intoxicating where such supply or service is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and purchase of those goods by the person to whom such transfer, delivery or supply is made zd sale price means the amount payable to a dealer as valuable consideration for the sale or supply of any goods and includes i any amount charged for anything done by the vendor in respect of the goods at the time of, or before, the delivery thereof ii transport costs or freight, if any iii trade commission, if any, by whatever name called iv clearing, forwarding and handling charges, if any v insurance charges, if any vi taxes or duties levied under any law for the time being in force other than tax paid or payable under this act by whatever name called, if any vii cost of packing, if any and viii the amount received or receivable by the seller by way of nonrefundable deposit, whether by way of a separate agreement or not, in connection with or incidental to or ancillary to, the said sale of goods explanation i. where goods are sold on hire purchase or any system of payment by instalments, the sale price of such goods shall be inclusive of insurance charges, interest and hire charges and such other charges related to hire purchase or any system of payment by instalments. explanation ii. where goods are sold by way of transfer of right to use such goods, the sale price thereof shall be the amount of valuable consideration received or receivable by the transferor for such transfer ze tax means the tax leviable and payable under this act zf taxable goods means all goods in respect of which tax is payable under section 14 zg tribunal means the tribunal constituted under subsection 1 of section 9 zh works contract means any agreement for carrying out for cash or deferred payment or other valuable consideration, the construction, fitting out, improvement or repair of any building, road, bridge or other immovable or movable property zi year means the financial year.

section 3. of the bihar value added tax act : 1 every dealer who is registered under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, shall be liable, on or after the commencement of this act, to pay tax under this act on sale or purchase, made by him. 2 every dealer, to whom subsection 1 does not apply, shall be liable to pay tax on sale or purchase, as the case may be, from the date on which his gross turnover, during a period not exceeding twelve months, first exceeded five lakh rupees. 3 notwithstanding anything contained in subsection 1 or subsection 2 but subject to the other provisions of this act, every dealer, a being an importer or a manufacturer or b who is required to file a return under the incometax act, 43 of or c who holds any licence under the explosives act, 4 of , or the bihar excise act, bihar and orissa act 2 of , or the drugs and cosmetics act, 23 of , or the essential commodities act, 10 of or the mines and minerals development and regulation act, 67 of or d being a corporation, constituted under any law for the time being in force or a company incorporated under the companies act, 1 of , or, is registered under the central sales tax act, 74 of or e whose place of business is located inside the market yard established under the bihar agriculture produce market act, bihar act 16 of or f who fulfils the following two conditions, namely: i uses a telephone in his place of business or has a mobile telephone and ii the receipts or payments of whose business, either wholly or in part, are transacted through any bank, shall be liable to pay tax on sale or purchase, as the case may be, with effect from the date of the first sale of any taxable goods made by him. 4 every dealer who has become liable to pay tax under subsections 1, 2 and 3 shall, subject to the provisions of subsection 5, cease to be so liable after the expiry of twelve consecutive months from the date he either closes or discontinues his business or entirely transfers his business to another person. 5 a registered dealer shall, within a period of twelve consecutive months, pay tax on the stock of goods remaining with him on the date with effect from which he closes or discontinues his business: provided that the commissioner may, after recording the reasons, extend the period of twelve consecutive months if the goods are held in stock beyond the said period of twelve months because of reasons beyond the control of the dealer. 6 notwithstanding anything contained in subsection 1 or subsection 2 or subsection 3, where any person who, is, or was, less than six months earlier, a member of the partnership firm, concern or hindu undivided family, which is, or was, less than six months earlier, liable to pay tax, starts a new business, either singly or jointly with other persons, or joins other business, partnership firm or concern, tax as aforesaid, shall likewise be payable on sales and purchases made from such business, partnership firm or concern, on and from the date the person starts or joins it, unless the liability in respect of such business, partnership firm or concern has arisen from an earlier date under the said subsections. 7 the tax for each year or any part thereof, may, with the previous approval of the commissioner, be estimated and collected in advance, in the manner prescribed, during a year, in such instalments as may be fixed by the prescribed authority. 8 for the purposes of subsection 7, the prescribed authority may require the dealer to furnish an advance estimate of his taxable turnover for that year or any part thereof and may provisionally determine the amount of tax payable by the dealer in respect of the year or any part thereof and thereupon the dealer shall pay the amount so determined by such date as may be fixed by such authority.

section 4. of the bihar value added tax act : subject to the provisions of sections 6 and 7, every dealer liable to pay tax under section 3, who purchases goods in circumstances in which no tax on sales is payable or has been paid on the sale price of such goods and either consumes such goods in the manufacture of other goods for sale or otherwise disposes of such goods in any manner other than by way of sale in the state or sale in the course of interstate trade or commerce, shall be liable to pay tax on the purchase price of such goods at the same rate at which it would have been leviable on the sale price of such goods under section 14.

section 9. of the bihar value added tax act : 1 subject to such rules, as may be prescribed, the state government shall, by a notification published in the official gazette, constitute a tribunal to be called the commercial tax tribunal consisting of a chairperson and two other members to exercise all the powers and perform all the functions conferred by or under this act or any other law for the time being in force upon such a tribunal: provided that till the tribunal is constituted under this act, the tribunal constituted under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, shall be deemed to be the commercial tax tribunal constituted under this act and shall exercise all the powers and perform all the functions conferred by or under this act or any other law for the time being in force. 2 the chairperson of the tribunal shall be a retired high court judge, not exceeding sixtyfive years of age, or a judicial officer of the rank of a district judge. 3 one of the other two members shall be an officer of the commercial taxes department of the state government not below the rank of joint commissioner and the third member shall be a person a who has, for at least ten years, been in the practice of accountancy as a chartered accountant under the chartered accountants act, 38 of or as a registered accountant under any law formerly in force or partly as a registered accountant and partly as a chartered accountant or b who is or has been an officer of the indian audit and accounts service not below the rank of deputy accountantgeneral or c who is a government servant, whether serving or retired having experience of at least four years in the administration of accounts or financial management in the state government or public sector undertaking. 4 a the state government may, if it considers expedient to do so, set up by a notification, one or more additional benches of the tribunal at such places and having jurisdiction over such area as may be specified in the notification. b it shall consist of such member or members, as may be specified in the notification, possessing such qualifications as are specified in subsections 2 and 3: provided that if a judicial officer is appointed to such an additional bench, he shall be an officer not below the rank of an additional district judge. 5 any vacancy in the membership of the tribunal shall be filled up by the state government as soon as possible. 6 during the vacancy in the post of the chairperson pending the appointment of a permanent chairperson, the government may appoint one of the remaining members to act as the chairperson. 7 any person appointed as a member of the tribunal shall ordinarily hold office for a period of three years: provided that in case a retired high court judge is appointed as the chairperson or any other government servant is appointed as a member, after his superannuation to the tribunal, the terms and conditions of service including his pay and allowances shall be such as may be prescribed. 8 a the functions of the tribunal shall be exercised by a bench to be constituted by the chairperson consisting of one or two or three members. b the nature of cases to be disposed of by either of these benches shall be under the discretion of the chairperson: provided that a bench consisting of only one member or two members may in its discretion refer a case to a larger bench of two or three members, as the case may be. 9 a where an application is heard by all the three members of the tribunal and the members are divided in opinion on any point or points, such point or points shall be decided in accordance with the opinion of the majority: provided that if the post of any one of the members is vacant such points shall be decided in accordance with the opinion of the chairperson. b where an application is heard by a bench consisting of two members, whether it consists of the chairperson or not, and the members are divided in opinion on any point or points, such point or points shall be referred to a bench consisting of all the three members. 10 a the members of the tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . b no member shall accept any other paid employment outside the duties of his office during the term of his membership of the tribunal. 11 the tribunal shall, with the previous sanction of the state government, make regulations consistent with the provisions of this act and the rules made thereunder, for regulating its procedure and other matters incidental to the disposal of its business and publish such regulations in the official gazette. 12 the members of the tribunal shall, ordinarily be appointed for a period of three years from the date of their appointment: provided that the period of appointment may be reduced or extended by the state government. 13 the chairperson or any other member may, by notice in writing under his hand addressed to the state government, resign his office: provided that the chairperson or any other member shall, unless he is permitted by the state government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 14 the chairperson or any other member of the tribunal shall not be removed from his office except by an order by the state government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the high court, in which the chairperson or any other member concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 15 the state government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairperson or any other member.

section 6. of the bihar value added tax act : 1 no tax shall be payable under this act on sales or purchases of goods which have taken place a in the course of interstate trade or commerce b outside the state of bihar c in the course of import of goods into, or, export of goods out of, the territory of india. 2 the provisions of the central sales tax act, 74 of shall apply for determining when a sale or purchase of goods shall be deemed to have taken place in any of the ways mentioned in clause a or clause b or clause c of subsection 1.

section 5. of the bihar value added tax act : where a dealer purchases any taxable goods from any person within the state of bihar, and such person is not a registered dealer and the said goods are used as capital assets anytime after such purchase, there shall be levied, a tax on the purchase price of such purchases at the rate at which tax on sales is leviable on the said goods.

section 10. of the bihar value added tax act : 1 there shall be the following classes of authorities to be appointed by the state government, for carrying out the purposes of this act, namely: a commissioner of commercial taxes b senior joint commissioner of commercial taxes c joint commissioner of commercial taxes d deputy commissioner of commercial taxes e assistant commissioner of commercial taxes f commercial taxes officer g assistant commercial taxes officer. 2 the authorities appointed under subsection 1 shall, within such areas or in respect of such transactions falling within an area as the state government may, by notification specify, exercise such powers as may be conferred and perform such duties as may be imposed, by or under this act. 3 the commissioner may appoint such number of inspectors of commercial taxes as may be necessary to assist any of the authorities appointed under subsection 1 and the inspectors so appointed shall, within such areas exercise powers under subsections 1 and 2 of section 56 and perform such other functions in the execution of this act in those areas as may be prescribed or as the commissioner may, by general or special order, assign to them and such assignment may be subject to such conditions and restrictions as may be specified in the order. 4 all persons appointed under subsection 1 or subsection 3 shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 45 of . 5 the commissioner may, at any stage, direct transfer of a proceeding under section 27 or section 28 or section 31 or section 32 or section 33 or section 72 in respect of any dealer from the prescribed authority to another of the same or higher rank appointed under subsection 1 and where such direction is given by the commissioner the authority to whom the proceeding is transferred shall proceed to dispose it of as if it had been initiated by the said authority, irrespective of the local limits of its jurisdiction such transfer shall not render necessary the reissue of any notice already issued before the transfer and the authority to whom the proceeding is transferred may, in its discretion, continue it from the stage at which it was left by the authority from whom it was transferred. 6 for smooth functioning of the office, it shall be lawful for the deputy commissioner or the assistant commissioner incharge of a circle to allot work and proceedings amongst the officers posted in the circle, as the case may be, and it may include transfer of a proceeding from one officer to another posted in the same office and exercising concurrent jurisdiction. 7 the commissioner may, from time to time, issue such orders, instructions and directions as he may deem fit, to the authorities subordinate to him, for carrying out the purposes of this act, and such authorities shall observe and follow such orders, instructions and directions of the commissioner: provided that no such orders, instructions and directions shall be issued i so as to require any authority to pass a particular order or to dispose of a particular case in a particular manner or ii so as to interfere with the discretion of the appellate authorities in a particular case: provided further that if the commissioner is of the opinion that it is necessary in the public interest so to do, he may cause such orders, instructions and directions to be published and circulated for general information.

section 11. of the bihar value added tax act : no suit, prosecution or other legal proceeding shall lie against any servant of the government or any officer or authority appointed under section 10 or section 86 of this act for anything which is in good faith done or intended to be done in pursuance or rules made thereunder.

section 12. of the bihar value added tax act : 1 the tribunal constituted under section 9, or the commissioner or any officer or authority appointed under section 10 or section 86 shall, for carrying out the purposes of this act, have all the powers of a civil court under the code of civil procedure, 5 of and in particular in respect of the following matters, namely: a to summon and enforce attendance of any person, including any officer of a banking company, and examine him on oath or affirmation b to compel the production of documents or accounts and to impound and retain them c to issue commissions for the examination of witness. 2 every proceeding under this act before the tribunal, shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code, 45 of .

section 13. of the bihar value added tax act : 1 a subject to the provisions of sections 16 and 17, tax on sale of goods other than goods specified in schedule iv shall be levied at each point in a series of sales in the state of bihar by a dealer liable to pay tax under this act. b where the tax is levied at each point of sale, the tax payable by a dealer at any point shall be the amount arrived at after deducting, the input tax credit specified under section 16 or section 17, from the tax computed at that point of sale. 2 a the tax on sales, in respect of goods specified in schedule iv, shall be levied at the first point of their sale in the state of bihar by a dealer and subsequent sales of the same goods in the state of bihar shall not be levied to tax, if the dealer making the subsequent sale produces before the prescribed authority the original copy of the cash memo, or invoice or bill issued to him and files a true and complete declaration in the form and in the manner prescribed. b the declaration referred to in clause a shall be issued by the selling dealer to the purchasing dealer not later than the 30th day of september of the year following the year to which such sales relate. 3 if upon information, the prescribed authority has reasons to believe that the selling dealer has, without reasonable cause, failed to issue to the purchasing dealer the declaration referred to in subsection 2, he shall, after giving the selling dealer a reasonable opportunity of being heard, direct that the selling dealer shall pay, by way of penalty, a sum of rupees five thousand per month for every month of default or the amount of tax involved, whichever is less.

section 14. of the bihar value added tax act : 1 tax shall be payable on the sale price of a the goods specified in the schedule ii, at the rate of one per cent. b the goods specified in the schedule iii, at the rate of four per cent. c the goods specified in the schedule iv, at the rate not exceeding fifty per cent. but not less than twenty per cent., as the state government may, subject to such conditions and restrictions, by notification, specify d any other goods, not specified in the schedules i, ii, iii and iv, at the rate of twelve and ahalf per cent. 2 the state government may, by notification, alter any schedule to this act.

section 19. of the bihar value added tax act : 1 no person liable to pay tax under section 3 or section 4, as the case may be, of this act shall sell or purchase goods unless he has obtained and is in possession of a valid certificate of registration: provided that any dealer not liable to pay tax under this act may also apply for grant of a certificate of registration. 2 every person, referred to in subsection 1, shall apply for the grant of certificate of registration to the prescribed authority in the prescribed manner and the prescribed authority, shall, after verifying that the application has been duly filled in, grant certificate of registration in the manner as may be prescribed: provided that dealers registered under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, shall be deemed to be dealers registered under this act and such dealers shall be granted, a certificate of registration within such time and in the manner as may be prescribed and such dealers may sell or purchase goods till such time as the certificate of registration is granted to them: provided further that a dealer, who exclusively sells or purchases, goods mentioned in schedule i, shall not be liable for registration. 3 every dealer registered under subsection 1 of section 7 of the central sales tax act, 74 of , shall apply for and obtain a certificate of registration, notwithstanding whether such dealer is not liable to pay tax under this act. 4 where the prescribed authority, at any time after the grant of the certificate of registration, is satisfied upon an inquiry, that the particulars mentioned in the application are incorrect or the applicant has suppressed or misrepresented certain material facts, he shall, after giving the applicant an opportunity of being heard, and after recording reasons therefor, cancel the certificate of registration granted to him.

section 15. of the bihar value added tax act : 1 notwithstanding anything to the contrary contained in the act, the state government may, by notification and subject to such conditions and restrictions as may be prescribed, permit any class of registered dealers, whose gross turnover does not exceed the limit specified in the notification to pay, in lieu of the tax payable by him, an amount calculated at such rate, not exceeding four per cent. of his taxable turnover, as may be specified in the notification: provided that no such permission shall be granted to a manufacturer or a person who imports any goods from any place outside the state of bihar for the purpose of his business: provided further that the amount so specified shall be in addition to any tax that may be payable by the dealer under section 4. 2 the dealers to whom the provisions of subsection 1 apply shall a not charge any tax on the sale of goods specified in schedule i b not charge tax in excess of the rate specified in the notification issued under subsection 1 and c not be entitled to issue tax invoices in respect of sales made by them. 3 if the assessing authority has reasons to believe that the dealer was not eligible to pay tax at a rate specified under subsection 1, the assessing authority shall, without prejudice to any action which is or may be taken under section 81, impose a penalty equivalent to three times of the amount of tax arrived at after applying the rate, specified under section 14, to the gross turnover of the dealer after deducting the value of sales under section 6: provided that no order under this subsection shall be passed without giving the dealer a reasonable opportunity of being heard.

section 16. of the bihar value added tax act : 1 subject to the provisions of this act, an input tax credit as provided in this section shall be claimed by a registered dealer, subject to such conditions and restrictions as may be prescribed, on sales of goods in the following circumstances, namely: a when a registered dealer purchases any input within the state of bihar from another registered dealer after paying him the tax as specified under section 14, he shall claim credit of the input tax in the manner prescribed, if the goods are sold within the state or in the course of interstate trade and commerce b when a registered dealer i purchases any input within the state from another registered dealer after paying him the tax under section 14, or ii purchases any input and pays tax on such purchase under section 4 of the act, and consumes such goods in the manufacture of any goods mentioned in clause a, b and d of section 14, he shall claim credit of the said input tax in the manner prescribed, if the goods so manufactured are sold within the state of bihar or in the course of interstate trade and commerce c when a registered dealer purchases any capital goods within the state from another registered dealer after paying him the tax as specified under section 14, and uses such goods in the manufacture of any goods mentioned in clauses a, b and d of section 14 and sells the manufactured goods within the state of bihar or in the course of interstate trade or commerce, or otherwise, he shall claim and be allowed, in such manner as may be prescribed, credit of the amount of input tax d when a registered dealer holds in stock, on the 1st day of april, , such goods as have been purchased by him on or after the 1st day of april, and which have suffered the incidence of tax under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94 and i he sells such goods within the state of bihar or in the course of interstate trade and commerce, or ii he consumes such goods in the manufacture of any goods mentioned in clauses a, b and d of section 14 and the goods so manufactured are sold within the state of bihar or in the course of interstate trade and commerce, he shall claim credit of the input tax in the manner prescribed e when a registered dealer purchases any input within the state of bihar from another such dealer after paying him the tax as specified under section 14 at a rate higher than four per cent. and transfers such goods or goods manufactured from such goods to another dealer outside the state of bihar, he shall be allowed credit of such tax in excess of four per cent. in the manner as may be prescribed: provided that if the claim for input tax credit under clause a or clause b or clause c or clause d or clause e for any month exceeds the output tax for the same month, such excess shall be carried forward for adjustment against the output tax of subsequent months, not being a month later than two years after the close of the year during which such excess had arisen and the amount of input tax remaining unadjusted after two years after the close of the year during which such excess had arisen shall be refunded to the dealer subject to the provisions of sections 68, 69 and 71 of this act: provided further that input tax credit in respect of capital goods shall be allowed in the manner and over such period, not exceeding thirtysix months from the date of their acquisition, as may be prescribed: provided also that no credit of input tax shall be allowed in respect of capital assets purchased or acquired before the commencement of this act. 2 notwithstanding anything contained in subsection 1, where a registered dealer purchases any input in the circumstances mentioned in clause a or clause b or clause c or clause d of the said subsection and, a he despatches such goods or the goods manufactured by consuming such goods, to a commission agent registered under this act or transfers such goods to its branch or head office within the state of bihar for sale, as the case may be or b he supplies such goods in the course of execution of a works contract to another registered dealer to whom he has let out a subcontract, for use in the execution thereof, the input tax credit on the sale or supply, as the case may be, of such goods shall be claimed by the registered dealer selling the goods on commission or using the goods supplied in the execution of subcontract, as the case may be, in accordance with the provisions of subsection 1, in such manner as may be prescribed. 3 no input tax credit under subsection 1 shall be claimed or be allowed to a registered dealer a in respect of goods specified in schedule iv or such other goods as may be prescribed or b in respect of inputs purchased by him from another registered dealer or manufactured by him and the right wherein to use is transferred to another dealer or c in respect of inputs purchased from a registered dealer permitted to pay tax under the provisions of section 15 or d in respect of inputs consumed for the manufacture of goods specified in schedule i or e in respect of goods used for self consumption or as gift. 4 in case the inputs or goods are used partially for the purpose specified in sub section 3, the claim for input tax credit shall stand reduced to the extent they are so used. 5 a no dealer shall claim an input tax credit in respect of inputs purchased unless he is in possession of an original copy of the tax invoice, signed and issued by the selling registered dealer, containing the prescribed particulars of sale. b if the original tax invoice is lost, input tax credit shall be allowed only on the basis of a duplicate copy of the original tax invoice in the form and manner prescribed.

section 17. of the bihar value added tax act : 1 in the case of a sale in the course of export under section 5 of the central sales tax act, 74 of or sale of any input made to any dealer in a special economic zone outside the customs territory of india or sale including sale outside india and domestic tariff area by an export oriented unit, there shall be no tax payable on the turnover of such sale and the person exporting the goods or selling them shall be entitled, in the manner prescribed, to a credit of input tax paid a on the purchase of the goods sold in the course of export excluding sale to domestic tariff area or purchase of goods sold to any dealer in the special economic zone or sale including sale outside india and domestic tariff area by an export oriented unit, or b on the purchase of inputs and capital assets which have been used for the manufacture of goods sold in the course of export excluding sale to domestic tariff area or to any dealer in the special economic zone: provided that the input tax credit on account of capital assets shall be allowed only to the extent and in the manner prescribed. 2 the organisations specified in the schedule v to this act shall be entitled to claim a refund of tax paid on goods purchased in the state of bihar, subject to such restrictions and conditions as may be prescribed and such organisation shall be entitled to a refund of the same only on an application made to the prescribed authority within such time and in such manner as may be prescribed.

section 18. of the bihar value added tax act : notwithstanding anything contained in section 14, where any goods packed in any container or packing material are sold or purchased, the container or packing material in which such goods are so packed shall be deemed to have been sold or purchased along with such goods and the tax under sections 3, 4 and 5 shall be levied on the sale or purchase of such container or packing material whether such packing materials or containers are separately charged for or not at the rate of tax applicable to the sale or the purchase, as the case may be, of such goods: provided that where the price of the goods is less than the container or packing material in which they are packed, the rate of tax specified in respect of such containers under subsection 1 of section 14 shall apply.

section 20. of the bihar value added tax act : 1 the prescribed authority may, after considering such information as may be furnished by the dealer under section 23 or as may be otherwise received by the said authority, amend the certificate of registration of the dealer in respect of whom the information has been furnished or received. 2 when a any registered dealer discontinues or entirely transfers his business to other persons or b the liability of a registered dealer to pay tax under this act has ceased, the dealer shall, forthwith, surrender his certificate of registration in the manner prescribed to the prescribed authority and the said authority shall cancel the certificate of registration in the manner prescribed: provided that, in a case covered by clause a, the certificate of registration shall be deemed to be inoperative with effect from the date of discontinuance or transfer of the business and, in a case covered by clause b, with effect from the date on which the dealers liability to pay tax has ceased.

section 21. of the bihar value added tax act : where it appears necessary to the prescribed authority to do so for the proper realisation of the tax payable under this act, he may, by an order in writing and for reasons to be recorded therein, direct a dealer to furnish such security and in such manner as may be prescribed.

section 22. of the bihar value added tax act : 1 every dealer, who is liable to pay tax under this act, and who is a hindu undivided family, a firm, company or corporation or a society or club or association or who is engaged in business as a guardian or a trustee or otherwise on behalf of another person, shall furnish to the prescribed authority in the prescribed manner a declaration stating the name and prescribed particulars of the person or persons who shall be deemed to be the manager or managers of such dealers business for the purposes of this act. 2 every dealer shall specifically authorise his manager or officer or any other person to receive any form of declaration, make any statement, furnish any return, statement, accounts, produce documents or other evidence and any statement made, return or statement furnished, accounts, registers or documents produced or evidence given by the manager or any person authorised by him or by the dealer in this behalf, in the course of any proceeding under this act, shall be binding on the dealer.

section 27. of the bihar value added tax act : 1 if a registered dealer fails to furnish before the due date specified under subsection 3 of section 24 a the returns specified under subsection 1 or subsection 3 of section 24 or b the quarterly abstract statement under subsection 4 of section 24 or c the statement under subsection 2 of section 24, the prescribed authority shall, after giving the dealer a reasonable opportunity of being heard, assess to the best of its judgment, the amount of tax due from the dealer and interest, if any 2 any assessment made or interest levied under this section shall be without prejudice to any action, which is, or may be, taken under section 81.

section 23. of the bihar value added tax act : if any person or dealer liable to pay tax under this act a transfers or otherwise disposes of his business or any part thereof, whether by way of sale or otherwise, or b acquires any business or part of any business, whether by way of purchase or otherwise, or c effects any other change in the ownership or constitution of the business, or d discontinues his business, or shifts his place of business, or e changes the name, style or nature of his business or effects any change in the class or description of goods dealt in by him, or f starts a new business or joins another business either singly or jointly with other person or persons, or g effects any change in the particulars furnished in an application under section 19 or declaration furnished under section 22, or h applies for or has an application made against him for insolvency or liquidation under any law for the time being in force, or i makes a reference or has a reference made under the sick industrial companies special provisions act, 1 of , he shall, within seven days of the occurring of any of the events aforesaid, inform the prescribed authority accordingly, and, if any such dealer dies without doing so, his executor, administrator, successorininterest or legal representative, as the case may be, shall, within fifteen days of the dealers death, inform the said authority accordingly.

section 29. of the bihar value added tax act : notwithstanding anything contained in any other provision of this act, where the assessment involves a decision on a point which is concluded against any of the authorities specified in subsection 1 of section 10 by a judgment of the tribunal and an appeal has been filed under section 79, then unless otherwise directed by the high court, the prescribed authority may complete the assessment as if the point was not so decided against such authority, but shall stay the recovery of such of the dues including tax, penalty, interest or amount forfeited, if any, in so far as they relate to such point, until the decision by the high court and after such decision, may modify the assessment order, if found necessary, after giving the dealer a reasonable opportunity of being heard.

section 24. of the bihar value added tax act : 1 every person, being a a dealer, who is not registered under this act, by a notice served in the manner prescribed by the prescribed authority b a registered dealer other than a dealer permitted under section 15 to pay tax at a fixed rate in lieu of the tax payable by him, shall furnish a true and complete return in respect of all his transactions relating to sales, purchases, receipts and despatches of goods and any other transactions prescribed specifically for each month, on or before the end of the next following month to the prescribed authority in such form and in such manner as may be prescribed. 2 without prejudice to the provisions contained in subsection 1, every person, being a a dealer, who is not registered under this act, by a notice served in the manner prescribed by the prescribed authority b a registered dealer other than a dealer permitted under section 15 to pay tax at a fixed rate in lieu of the tax payable by him, shall furnish a true and complete statement in respect of all his transactions relating to sales and purchases of goods and any such details as may be prescribed for each completed quarter on or before the end of the month following the end of the quarter to the prescribed authority in such form and in such manner as may be prescribed. 3 every registered dealer shall furnish to the prescribed authority, on or before the due date, a true and complete return in respect of every financial year in the form and manner prescribed. explanation.in this subsection, due date means a where the dealer is a company within the meaning of the companies act, 1 of , the 30th day of november of the year following the year to which such return relates b where the dealer is a person, other than a company, i in a case where the accounts of the dealer are required under this act or any other law to be audited or where the report of an accountant is required to be furnished under section 54, the 31st day of october of the year following the year to which such return relates ii in any other case, the 31st day of july of the year following the year to which such return relates. 4 every dealer who has been permitted to pay tax under section 15 shall file a quarterly abstract statement for each completed quarter on or before the end of the month following the end of the quarter to the prescribed authority in such form and in such manner as may be prescribed. 5 if the due date prescribed for the filing of quarterly statement or monthly return or quarterly abstract statement or annual return happens to be a holiday, the next date on which the office opens shall be deemed to be the due date. 6 notwithstanding anything contained in subsection 1 or subsection 2, the prescribed authority may, for specific reasons to be recorded in writing, extend the date of filing such return or quarterly statement, as the case may be, subject to the condition that such an extension may be allowed only once and for a period not exceeding thirty days from the due date but the commissioner may allow extension beyond thirty days for reasons to be recorded in writing subject to the condition that such an extension may be allowed only once and that also for a period not exceeding three months. 7 if a dealer, having furnished a monthly return under subsection 1 or the quarterly statement under subsection 2, discovers any omission or wrong statement therein, he may furnish a revised return or statement, as the case may be, in the form and manner prescribed to the prescribed authority at any time before the due date within the meaning of subsection 3: provided that no such return or statement shall be taken into consideration if, upon information or otherwise and for reasons to be recorded in writing, the prescribed authority is satisfied that the return or statement originally furnished was deliberately false or that it was furnished with intent to defraud the state government of its revenue. 8 if a dealer fails to furnish the return within the time specified under subsection 1 or the quarterly statement under subsection 2 or the quarterly abstract statement under subsection 4, the prescribed authority shall, after giving such a dealer an opportunity of being heard in the manner prescribed, impose a penalty at the rate of twentyfive rupees for every day of such failure. 9 a every dealer liable to furnish the return under subsection 1 shall also deposit the tax payable, according to the return on or before the fifteenth day of the following month in such manner as may be prescribed and shall enclose the proof of payment in the form and manner prescribed along with the return. b every dealer permitted to pay tax under section 15 shall also deposit the tax, arrived at after applying the rate specified in the notification issued under section 15 to his quarterly turnover, on or before the fifteenth day of the month following the quarter to which it relates and shall enclose the proof of payment in the form and manner prescribed along with the statement required to be furnished under subsection 4. c subject to the provisions of subsection 10, if any registered dealer submits a revised return under subsection 7 and if the amount of tax due from such dealer according to the revised return is higher than the amount which was due according to the original return, such revised return shall be accompanied by a receipt showing the payment of extra amount of tax in the manner provided in clause a. 10 if a dealer, required to furnish the return under subsection 1 or statement under subsection 4, fails to pay the amount of tax payable according to the provisions of subsection 9, such dealer shall be liable to pay interest a in respect of tax payable under subsection 9, by him in accordance with the return or the quarterly abstract statement or revised return, as the case may be or b in respect of the tax payable for the period for which he has failed to furnish returns under subsection 1 or quarterly abstract statement under subsection 4, at the rate of one and ahalf per cent. per month of the amount due from the date the tax so payable had become due to the date of its payment. explanation.for the purposes of this subsection i where the period of default in payment of tax covers a period less than a month, the interest payable on such tax in respect of such period shall be computed proportionately ii month shall mean thirty days. 11 any interest levied or penalty imposed under this section shall be without prejudice to any action, which is or may be taken under section 81. 12 a rebate at the rate of half per cent. of the amount of tax admitted to be due in the return furnished under subsection 1, subject to a maximum of fifty thousand rupees in a year, shall be allowed to a registered dealer who has furnished the return within the due dates specified under this section and has paid such amount in full on or before the date specified for payment of tax under this section.

section 26. of the bihar value added tax act : 1 subject to the provisions of section 25, the tax due in respect of a financial year from every registered dealer, who has furnished the return and statement mentioned in section 24, shall be deemed to have been assessed. 2 notwithstanding anything contained in subsection 1, the commissioner may, in the interest of revenue, select any registered dealer for detailed audit of his business, on the basis of a selection model as may be prepared for such purpose, incorporating therein such criteria as may be deemed fit by the commissioner. 3 the audit of the business of a dealer selected under subsection 2 shall be conducted, within a period of twentyfour months from the due date within the meaning of subsection 3 of section 24, in such manner as may be prescribed.

section 25. of the bihar value added tax act : 1 the prescribed authority shall, within the time and in the manner prescribed, scrutinize every return filed under subsections 1 and 3 of section 24 for the purpose of ascertaining that a all calculations contained therein are arithmetically accurate b the output tax, the input tax, the tax payable and interest payable, if any, have been computed correctly and properly c the rates of tax have been applied correctly and d evidence, as prescribed, has been furnished with regard to payment of tax and interest payable, if any. 2 if, upon scrutiny under subsection 1, the prescribed authority discovers any error, he shall serve a notice in the prescribed form on the concerned dealer directing him to a pay, within thirty days, the extra amount of tax along with the interest, if any, payable and furnish the challan evidencing such payment or b explain, within thirty days, that the return or returns filed by him do not suffer from any error and all requirements specified in clauses a to d of subsection 1 have been complied with. 3 a the prescribed authority shall, in a case falling under clause b of subsection 2 and after giving the dealer a reasonable opportunity to adduce necessary evidence, pass such order in the matter as it may deem fit. b if, pursuant to an order under clause a, any tax or interest is found to be payable by a dealer, a notice in the form and manner prescribed, shall be served upon the dealer requiring him to pay the tax and interest within the time as may be prescribed. c any tax or interest payable under clause b shall be deemed to be an arrear of tax within the meaning of section 39.

section 28. of the bihar value added tax act : 1 if upon information which has come into his possession, the prescribed authority is satisfied that reasonable grounds exist to believe that any dealer has been liable to pay tax under this act in respect of any period, and has nevertheless wilfully failed to apply for grant of certificate of registration, or, having so applied, failed to furnish any particulars or information required for the purposes of section 19, the prescribed authority shall, after giving the dealer a reasonable opportunity of being heard, assess, to the best of its judgment, the amount of tax due, if any, from the dealer in respect of such period and all subsequent periods and the prescribed authority may, direct that the dealer shall pay, by way of penalty, in addition to the amount of tax so assessed, a sum of one hundred rupees for every day of the period during which the dealer failed to apply for registration or failed to furnish any particulars or information required for the purposes of section 19 or an amount equal to the amount of tax assessed, whichever is higher: provided that no proceeding for such assessment shall be initiated except before the expiry of two years from the expiry of the period to which it relates: provided further that a proceeding initiated under this subsection shall be completed within a period of four years from the date of initiation. 2 any assessment made, interest levied or penalty imposed under this section shall be without prejudice to any action which is, or may be, taken under section 81.

section 31. of the bihar value added tax act : 1 if the prescribed authority is satisfied, either on the basis of audit conducted under subsection 3 of section 26 or otherwise, that reasonable grounds exist to believe that, in respect of any assessment under this act or under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, during any period, any sale or purchases of goods liable to tax under this act or the said act, for any reason, has been underassessed or has escaped assessment, or has been assessed to tax at a lower rate, or any deduction therefrom has been wrongly made, or an input tax credit has incorrectly been claimed, the prescribed authority shall, in such manner as may be prescribed and after serving on the dealer a notice in the form and in the manner prescribed, proceed to assess or reassess, as the case may be, the tax payable by such dealer within four years from the expiry of the year during which the original order of assessment or reassessment was passed, in a case where the dealer has concealed, omitted or failed to disclose full and correct particulars of such sale or purchase or input tax credit, and the provisions of this act shall, so far as may be, apply accordingly as if the notice under this subsection was a notice under section 27: provided that the amount of tax shall be assessed or reassessed after allowing such deductions as were allowable during the said period and at the rates at which it would have been assessed had the turnover not escaped assessment. 2a the prescribed authority shall, in a case where the dealer has concealed, omitted or failed to disclose full and correct particulars of such sale or purchase or input tax credit, direct that the dealer shall, besides the amount of interest payable under subsection 10 of section 24, pay by way of penalty, a sum equal to three times the amount of tax which is or may be assessed on the turnover of sale or purchase which escaped assessment. b the penalty imposed under clause a shall be in addition to the amount of tax, which is or may be assessed on the turnover of sale or purchase which escaped assessment. 3 any assessment or reassessment made and any penalty imposed under this section shall be without prejudice to any action, which is or may be taken under section 81.

section 30. of the bihar value added tax act : 1 notwithstanding anything contained in section 19, or section 26 and subject to such rules as may be prescribed, it shall be open to the prescribed authority or any other officer authorised by the commissioner in this behalf to make provisional or final assessment of turnover of sale or purchase of goods, as the case may be, effected by any dealer residing outside the state of bihar and carrying on business temporarily by way of fair, mela or by way of any other similar mode in the state of bihar. 2 if a dealer referred to in subsection 1 claims that the sales affected by him are not of goods imported by him, the onus to prove such claim shall lie on the claimant.

section 32. of the bihar value added tax act : 1 if the prescribed authority is satisfied that any registered dealer a has concealed any sales or purchases or any particulars thereof, with a view to reduce the amount of tax payable by him under this act or b has furnished incorrect statement of his turnover or incorrect particulars of his sales or purchases in the return furnished under subsection 1 of section 24 or quarterly statement under subsection 2 of section 24 or quarterly abstract statement under subsection 3 of section 24 or c has claimed input tax credit in excess of the amount of input tax credit to which he is entitled under this act, the prescribed authority shall, after giving such a dealer an opportunity of being heard in the prescribed manner, by an order in writing, direct that he shall, besides the amount of interest payable under subsection 10 of section 24 and in addition to any tax which may be determined to be payable by him under the act, pay by way of penalty, a sum equal to three times the amount of tax on the concealed turnover or on concealed or incorrect particulars or excess input tax credit claimed. 2 the penalty under subsection 1 may be imposed before completion of assessment, and for determining the amount of penalty, the prescribed authority may quantify the amount of tax provisionally in the prescribed manner. 3 any penalty imposed under subsection 1 shall be without prejudice to any action, which is or may be taken under section 81.

section 33. of the bihar value added tax act : where an objection has been made by the comptroller and auditorgeneral of india in respect of an assessment or reassessment made or scrutiny of any return filed under this act, the prescribed authority shall proceed to reassess the dealer with respect to whose assessment or reassessment or scrutiny, as the case may be, the objection has been made in the manner prescribed: provided that no order under this section shall be passed without giving the dealer an opportunity of being heard.

section 34., not to be invalid on certain grounds. of the bihar value added tax act : no assessment and demand on account of any tax, interest or penalty shall be invalid or affected by reason only of any mistake in the name, residence, place of business or status of any person liable to pay the tax, interest of penalty or by reason only of clerical error or other defect of form, if the provisions contained in this act and the rules made thereunder have, in substance, been complied with.

section 40. of the bihar value added tax act : 1 subject to the provisions of section 6, any person responsible for paying sale price or any amount purporting to be the full or part payment of sale price in respect of sales or supplies of taxable goods exceeding rupees two lakh fifty thousands during a year made to the state government or the central government or a company, corporation, board, authority, undertaking or any other body owned, financed or controlled either wholly or partly by the state government or the central government, shall, at the time of payment, subject to such conditions and restrictions as may be prescribed, deduct an amount at the rate as may be specified by the state government, by a notification, on account of tax on the amount of such payment: provided that the rate or rates to be specified by the state government shall not be more than the rate of tax applicable to the goods sold or supplied. 2 notwithstanding any law or contract to the contrary, the person making such deduction shall be lawfully competent to make such deduction. 3 the payment of the amount deducted under subsection 1 into the government treasury in the prescribed manner, shall be the liability of the person making such deduction. 4 the payment of the amount deducted under subsection 1 into the government treasury by the person making the deduction shall be deemed to be a payment by or on behalf of the seller or supplier concerned. 5 if any person contravenes any or all of the provisions of subsections 1, 3 and 4, he shall be liable to pay, by way of penalty, a sum not exceeding twice the amount of tax deductible under subsection 1: provided that such penalty shall not be imposed unless the person contravening the provisions is given an opportunity of being heard by the prescribed authority. 6 the provisions of sections 39 and 47 for recovery of any amount of tax due from a dealer shall, mutatis mutandis, apply for recovery of any amount of tax deducted or any penalty imposed but not deposited under this section. explanation.for the purposes of this section, the person in this section shall include all officers or authorities who are competent or authorised to make payment of the saleprice in respect of sales to the state government or the central government or to a company, corporation, board, authority, undertaking or any other body owned, financed or controlled wholly or partly by the state government or the central government. 7 the provisions of subsection 5 of section 41 shall, mutatis mutandis, apply, so far as it relates, to issuance of certificate to person from whose bills deduction has been made and for filing of quarterly statements by the person making the deductions.

section 35. of the bihar value added tax act : 1 for the purposes of this act, the taxable turnover of a dealer shall be that part of his gross turnover which remains after deducting therefrom a the aggregate value of the transactions specified in section 6 b sale price on account of sales exempted under section 7 c in the case of works contract, the amount remaining after deducting from the gross value of the contract the amount on account of the following, namely: i labour charges for execution of the works contract, ii amount paid to subcontractor on account of labour and services, iii charges for planning, designing and architects fees, iv charges for obtaining on hire, the machineries and tools used in the execution of the works contract, v cost of consumables such as water, electricity, fuels, etc., used in execution of the works contract, the property in which is not transferred in the course of execution of a works contract, vi cost of establishment of the contractor to the extent, it is relatable to supply of labour and services, vii other similar expenses relatable to supply of labour and services, viii profit earned by the contractor to the extent it is relatable to the supply of labour and services, and ix goods or transaction exempted under section 6 or section 7 d value of goods transferred otherwise than by way of sale e the value of goods sold but returned to the dealer within a period of six months from the date of the original sales and in respect of which the selling dealer has issued to the purchasing dealer a credit note specified in section 53 f sale price at the subsequent stages of sale of such goods as are specified in schedule iv as being subject to tax at the first point of their sale in the state of bihar, if necessary evidence as required by subsection 2 of section 13 are filed along with the return filed by the dealer under subsection 3 of section 24. 2 where a dealer claims that he is not liable to pay tax on any part of his gross turnover in respect of any goods by reason of transfer of such goods by him to any other dealer or to his agent or to his principal, as the case may be, for sale, the burden of proving such claim shall be on the dealer and for this purpose, along with other evidences as may be prescribed, he shall furnish before the prescribed authority a declaration in a form and in the manner prescribed.

section 37. of the bihar value added tax act : except for a proceeding under subsection 2 of section 26, section 28, subsection 1 of section 31 and section 33, no proceeding for assessment of tax payable by a dealer under this act in respect of any period shall be initiated and completed except before the expiry of two years from the expiry of such period: provided that a proceeding for reassessment in pursuance of or as a result of an order on appeal, revision or review shall be initiated and completed before the expiry of one year from the expiry of the year during which such order was communicated to the assessing authority: provided further that the commissioner may, on being satisfied that it is necessary so to do and for reasons to be recorded in writing, extend in a case or class of cases, the said period of two years to such further period not exceeding two years.

section 36. of the bihar value added tax act : the tax payable by a dealer shall be calculated according to the following formula, namely: t ab where t means the tax payable by the dealer, a means the output tax under this act, and b means the total amount of input tax credit allowable to the dealer under section 16 or section 17.

section 42. of the bihar value added tax act : notwithstanding anything contained in any law for the time being in force, no person shall be awarded by i the state government or ii the central government or iii a company, corporation, board, authority, undertaking or any other body which is owned, financed or controlled either wholly or partly by the state government or the central government, any contract involving sale or supply of goods and no person shall be granted any licence to carry on any trade or commerce unless he produces to the state government or the central government or the company, corporation, board, authority, undertaking or any other body which is owned, financed or controlled either wholly or partly by the state government or the central government, a tax clearance certificate, granted by the prescribed authority in the form and manner prescribed, to the effect that the prescribed authority has no objection to the awarding of such contract or the granting of such licence to the person concerned: provided that no such certificate shall be granted to any person who is not a registered dealer under this act or, being a registered dealer, has made a default in the payment of any tax, penalty or interest due under this act: provided further that if a person not liable to tax under this act applies for the grant of certificate under this section and in whose case the value of the contract or, as the case may be, the anticipated turnover in the immediately succeeding twelve months exceeds the limit specified in subsection 2 of section 3, he shall be granted such certificate subject to the condition that he shall furnish, to the prescribed authority, an undertaking to the effect that he shall apply for grant of certificate of registration in the manner and within the period prescribed and in the event of failure to do so the concerned government or person or authority shall terminate the contract awarded to the person.

section 38. of the bihar value added tax act : in computing the period of limitation prescribed for assessment or reassessment, as the case may be, under section 27 or section 28 or section 29 or section 30 or section 31 or section 32 or section 33, the time during which any assessment or reassessment proceedings remained stayed under the order of any competent court shall be excluded.

section 39. of the bihar value added tax act : 1 the tax payable under this act shall be paid in the manner hereinafter provided. 2 the amount of i tax estimated in advance under subsection 7 of section 3, or ii tax due according to the returns filed by the dealer where full payment of such amount has not been made, or iii tax assessed or reassessed under section 26 or section 27 or section 28 or section 29 or section 30 or section 31 or section 32 or section 33 or in pursuance of or as a result of an order on appeal, revision or review, less the sum, if any, already paid by the dealer, or iv interest chargeable or penalty imposed, if any, under any of the provisions of this act, shall be paid by the dealer or the person concerned into a government treasury or a bank authorised in this behalf by the state government, or in such other manner as may be prescribed and by such date as may be specified in a notice issued by the prescribed authority for this purpose and the date to be specified shall, ordinarily, not be less than thirty days from the date of service of such notice: provided that the authority may, in respect of any particular dealer or a person, and, for reasons to be recorded in writing, extend the date of such payment, or allow such dealer to pay tax or interest due and the penalty, if any, by instalments in the manner prescribed: provided further that where the prescribed authority considers it expedient in the interest of revenue, it may, for reasons to be recorded in writing, require any dealer, or person, to make such payments forthwith. 3 if a dealer or a person fails to make payment of any amount of tax by the period specified in the notice issued under subsection 2 or fails to make payment of tax by the date extended or has defaulted in making payment of instalments under the first proviso of the said subsection, the dealer shall, for such failure or default, pay, in addition to the amount of tax, an amount by way of simple interest calculated at the rate of one and ahalf per cent. for each calendar month or part thereof on the amount of such tax. 4 where, in course of any proceeding, the prescribed authority finds that any dealer has i wrongly claimed either the whole or part of his turnover as not taxable and, has consequently, paid lesser amount of tax than payable by him or ii wrongly declared his turnover or any particulars thereof and thereby has reduced the amount of tax payable under this act or iii wrongly claimed input tax credit in excess of what he is entitled to under this act, the dealer shall pay, in addition to the amount of tax assessed under any proceeding as aforesaid, simple interest at the rate of one and a half per cent. for each calendar month or part thereof on the difference of the amount previously admitted and tax finally assessed from the date, the tax would have been payable had the dealer not committed any of the acts mentioned in clause i or clause ii or clause iii: provided that where the recovery of tax or any part thereof assessed under any proceeding under this act is stayed as a result of an order on appeal or by any competent court, the amount of such interest shall be recoverable after the final order is passed and such order is confirmed from the date the tax first became due. 5 if a dealer or a person has failed, without reasonable cause, to make payment of any amount of tax by the date specified in the notice issued under subsection 2 or forthwith as required by the second proviso thereto, or in like manner has failed to make payment of tax and interest by the date extended under the first proviso of the said subsection or has defaulted in payment of instalments or has not paid the amount of interest due, the prescribed authority, after giving the dealer a reasonable opportunity of being heard, may direct that the dealer shall pay, in the prescribed manner, by way of penalty for such failure, an amount which shall be five per cent. per month of the amount payable following the expiry of such date for each subsequent month and part thereof. 6 subject to the provisions of subsections 2, 4 and 5, any amount of tax, interest together with penalty, if any, which remains unpaid after the date specified in the notice issued under subsection 2, or penalty imposed under subsection 5 and remaining unpaid shall, without prejudice to any other mode of recovery, be recoverable as if it were an arrear of land revenue: provided that where an appeal in respect of such amount has been entertained under section 72, the appellate authority may, subject to such rules as may be made by the state government under this act, stay recovery of such amount or portion thereof for so long as the appeal remains pending or for such shorter period as the said authority may consider to be adequate.

section 41. of the bihar value added tax act : 1 subject to the provisions of section 6, every person, responsible for making any payment in discharge of any liability on account of valuable consideration payable in respect of transfer of property in goods whether as goods or in some other form vested in the execution of a works contract shall be lawfully competent to deduct an amount at the rate or rates, not exceeding four per cent. to be specified by the state government, in a notification published in the official gazette, purporting to be a part or full amount of tax payable on the sale of such goods from every bill or invoice raised by the works contractor as payable by the person and no such payment or discharge of any such bill or invoice raised by a works contractor shall be made without deduction as aforesaid. explanation.for the purposes of this section, the person in this section shall include all officers and authorities of the central or the state government or of a company, corporation, board, authority, cooperative societies, undertaking or any other body constituted or formed under any act and of any firm or association of persons and organisation: provided that, the state government may prescribe the conditions subject to which no such deductions shall be made. 2 no such payment or discharge of any bill or invoice raised in respect of transfer of property in goods whether as goods or in some other form by a works contractor shall be made without the deduction referred to in subsection 1: provided that no deduction under subsection 1 shall be made where the payment is made as advance prior to the commencement of the execution of such works contract until it forms part of the sale price payable for transfer of property in goods whether as goods or in some other form: provided further that no deduction under subsection 1 shall be made from the payment or any part thereof, where a the payment or any part thereof does not relate to any transfer of property in goods whether as goods or in some other form involved in the execution of works contract b the dealer produces a certificate issued by the deputy commissioner, commercial taxes or the assistant commissioner, commercial taxes or the commercial taxes officer, incharge of the concerned circle to the effect that the payment or any part thereof relates to such transfer of property in goods whether as goods or in some other form on which he has no further liability to pay tax in terms of the provisions of section 15 of the central sales tax act, 74 of c the dealer produces a certificate issued by the deputy commissioner, commercial taxes or the assistant commissioner, commercial taxes or the commercial taxes officer, in charge of the concerned circle to the effect that the payment or any part thereof relates to such transfer of property in goods whether as goods or in some other form on which he has no liability to pay tax in terms of the provisions of section 6. 3 the amount deducted under subsection 1 shall be adjusted against the amount of tax finally assessed or determined as being payable by the concerned works contractor and any amount deducted in excess of the tax so assessed or determined shall be refunded in accordance with the provisions of this act. 4 the deduction referred to in subsection 1 shall be made in the manner prescribed. 5 the person making the deduction shall issue a certificate, in the form and manner prescribed, containing such particulars as may be required to be mentioned therein, to the works contractor or person from whose bill or invoice such deduction has been made and such certificate shall be deemed to be a valid discharge of liability in terms of provisions of subsection 9 of section 24 to the extent of amount of deduction made under subsection 1. 6 if any person contravenes any or all of the provisions of subsections 1, 2 and 5, the prescribed authority shall, after giving a reasonable opportunity of being heard, by order in writing direct that such person shall pay by way of penalty, a sum not exceeding twice the amount of tax deductible or deducted and not deposited in the government treasury. 7 the provisions of sections 39 and 47 shall, mutatis mutandis, apply for recovery of any amount of tax deducted but not deposited into the government treasury or any penalty imposed under this section.

section 43. of the bihar value added tax act : 1 without prejudice to the provisions of sections 40 and 41, no person, who is not a registered dealer, shall collect from any person any amount, by whatever name or description it may be called, towards or purporting to be tax on sale of goods. 2 no registered dealer shall collect from any person any such amount exceeding the amount arrived at after applying the rate of tax specified under section 14 to the sale price of the goods sold. 3 if any person or a registered dealer contravenes the provisions of subsection 1 or subsection 2, the prescribed authority shall, after giving an opportunity of being heard in the manner prescribed, by an order in writing direct that such person or registered dealer shall pay by way of penalty a sum equal to twice the amount collected in contravention of the provisions of subsections 1 and 2.

section 48. of the bihar value added tax act : the liability of a surety under this act shall be coextensive, to the extent of the amount of security, with that of the defaulting dealer and all modes of recovery enforceable against the dealer shall be enforceable against the surety by the prescribed authority.

section 44. of the bihar value added tax act : 1 any amount collected, by any person in contravention of the provisions of subsection 1 or subsection 2 of section 43 or any amount collected by any person by way of tax, by whatever name called, or in any other manner not payable under any provision of this act, shall be liable to forfeiture to the state government. 2 if the prescribed authority, in the course of any proceeding under this act or otherwise, has reason to believe that any amount is liable for forfeiture under subsection 1, it shall serve, on the person who has collected such amount, a notice in the prescribed form requiring him to show cause why the said amount should not be forfeited to the state government and on receipt of the reply, if any, and after making such inquiries as may be deemed fit, he shall make an order of forfeiture if the amount is found so liable. 3 where an order of forfeiture under subsection 2 has been made, the person making the unauthorised collection shall forthwith pay the amount so forfeited to the state government, if it has not already been paid and on his failure to do so, such amount shall be recoverable from him as if it were a tax due from him. 4 where an order for forfeiture is passed, the commissioner shall publish or cause to be published, in the prescribed manner, a notice for information of the persons from whom the amount so forfeited had been collected giving such details as may be prescribed. 5 on the publication of the notice under subsection 4 a refund of such amount or part thereof may be claimed from the state government within one year from the date of publication of the said notice by the person from whom it was unauthorisedly realised by way of tax and for this purpose the person claiming the refund shall make an application in the prescribed form. 6 on receipt of an application under subsection 5, the commissioner shall hold such enquiry as he deems fit and if he is satisfied that the claim is valid and admissible and that the amount so claimed as refund was actually paid to the state government and no refund or remission in respect of that amount was granted, the commissioner shall refund such amount or any part thereof to the person concerned. 7 notwithstanding anything contained in this act or in any other law for the time being in force, where any amount collected by any person is forfeited to the state government under this section, such forfeiture shall, if the amount forfeited has been paid to the state government, discharge him of the liability to refund the amount to the person from whom it was so collected.

section 50. of the bihar value added tax act : notwithstanding anything contained in any other law for the time being in force, no proceeding, for the purposes of subsection 6 of section 39 or subsection 7 of section 47, shall be initiated under this act except before the expiry of twelve years from due date within the meaning of subsection 3 of section 24: provided that the period of limitation for the registered dealer availing of the tax deferment under section 23a of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, shall be reckoned from the last date of repayment of the deferred amount of tax: provided further that when an appeal or application for review has been filed, the period of limitation as aforesaid shall run from the date of order passed on such appeal, application for review or from the date of order passed in pursuance of or as a result of such order, whichever is later.

section 51. of the bihar value added tax act : notwithstanding anything to the contrary contained in any law for the time being in force, any amount of tax and interest and penalty, if any, payable by a dealer or any other person under this act shall be a first charge on the property of the dealer or such person.

section 45. of the bihar value added tax act : any tax, interest or penalty payable under this act shall be rounded off to the nearest ten rupees and shall be paid accordingly.

section 52. of the bihar value added tax act : 1 every registered dealer other than a dealer permitted to pay tax under section 15, shall a keep in such manner as may be prescribed a true and complete account in respect of all goods produced, raised, manufactured, processed, bought, sold or delivered or transferred to or by him b maintain in such manner as may be prescribed correct and complete accounts of despatches and arrivals of goods as also of stock of goods manufactured or transferred. 2 such dealers or persons, as may be prescribed, and such other dealers to whom subsection 1 applies, shall, at the end of each financial year, draw up, in the manner as may be prescribed, a a manufacturing, trading and profit and loss account and a balance sheet, in the case of a manufacturer and b such accounts as may be prescribed, in any other case: provided that no accounts referred to in subsection 1 shall be considered, true and complete unless such accounts enable the prescribed authority to compute the tax payable and the entitlement of input tax credit under the provisions of this act: provided further that the accounts referred to in subsection 1 shall not be considered true and complete unless they give a true and fair view i of the state of affairs of the dealer or the person as at the end of the financial year, in the case of the balance sheet and ii of the working results of the dealer or the person for the financial year, in the case of the anufacturing, trading and profit and loss account. 3 every dealer or a person required to keep accounts by subsection 1 shall a issue a challan in respect of all transfers of goods from his place of business otherwise than as a result of sale, in such form as may be prescribed and b preserve all invoices for a period of not less than six years from the end of the year to which they relate, or for a period of two years after the completion of assessment, appeal or revision for the year, whichever is later. 4 every dealer permitted to pay tax under section 15 shall a maintain accounts showing his purchases and sales during the year and such other accounts, as may be prescribed and b draw up, at the end of each financial year, in the manner as may be prescribed, a trading and profit and loss account.

section 49. of the bihar value added tax act : where, during the pendency of any proceeding relating to assessment, reassessment or recovery of any tax, interest or penalty payable under this act or the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, any person or dealer creates a charge on or parts with the possession, by any mode of transfer whatsoever including sale, mortgage, gift or exchange, of any of his assets in favour of any person with the intention of defrauding the revenue, then, notwithstanding anything to the contrary contained in any act or contract, such charge or transfer shall be void as against any claim inrespect of any tax or any other sum payable by the dealer as a result of the completion of such proceeding or otherwise.

section 47. of the bihar value added tax act : 1 notwithstanding anything contained in section 39 or any law or contract to the contrary, the prescribed authority may, at any time or from time to time, by notice in writing a copy of which shall be forwarded to the dealer at his last address known to the said authority direct a any person from whom any money is due or may become due to a dealer who has failed to comply with a notice of demand served under section 39 or b any person who holds or may subsequently hold any money for or on account of such dealer, to pay into government treasury, in the manner specified in the notice issued under this subsection, either forthwith or upon the money becoming due or being held, or within the time specified in the notice not being before the money becomes due or it is held so much of the money as is sufficient to pay the amount of tax due from the dealer, together with interest and penalty, if any, under this act or the whole of the money when it is equal to or less than that amount. 2 the authority issuing a notice under subsection 1 may, at any time or from time to time, amend or revoke any such notice or extend the time for making any payment in pursuance of the notice. 3 any person making any payment in compliance with a notice issued under subsection 1 shall be deemed to have made the payment under the authority of the dealer and the receipt from the government treasury shall constitute a good and sufficient discharge of the liability of such person to the dealer to the extent of the amount specified in the receipt. 4 any person discharging any liability to the dealer after service on him of the notice issued under subsection 1 shall be personally liable to the state government to the extent of the liability discharged or to the extent of the liability of the dealer for tax, interest and penalty, whichever is less. 5 where a person on whom a notice is served under subsection 1 proves to the satisfaction of the authority which issued the notice that the money demanded or any part thereof was not due to the dealer or that he did not hold any money for or on account of the dealer, at the time the notice was served on him, nor is the money demanded or any part thereof, likely to become due to the dealer or be held for or on account of the dealer, nothing contained in this section shall be deemed to require such person to pay into the government treasury any such money or part thereof, as the case may be. 6 if any person contravenes any of the provisions of subsections 1 and 4 of this section, the prescribed authority shall after giving an opportunity of being heard by an order in writing direct that such person shall pay by way of penalty a sum not exceeding twice the amount payable under subsection 1. 7 any amount of money which a person is directed to pay under subsection 1 or for which he is personally liable to the state government under subsection 4, shall, if it remains unpaid, be recoverable as an arrear of land revenue. 8 no action shall be taken under this section in respect of any amount of tax, interest and penalty, if any, the date of payment of which has been extended or the realisation of which has been stayed under this act during the period of such extension or stay. 9 the provisions of this section shall be without prejudice to any action that may be taken for recovery of the arrears of tax, interest and penalty, if any, due from the dealer or person.

section 46. of the bihar value added tax act : 1 all authorities appointed under section 10 shall, for the purpose of recovery of tax, interest and penalty under this act, have the same powers as are vested in the certificate officer under the bihar and orissa public demand recovery act, bihar and orissa act 4 of ..br 2 any proceeding under subsection 1 before any authority appointed under section 10 shall be deemed to be a proceeding for recovery of the public demand under the bihar and orissa public demands recovery act, bihar and orissa act 4 of and all provisions of the said act for recovery, attachment, sale, arrest shall mutatis mutandis apply.

section 53. of the bihar value added tax act : 1 a registered dealer, making a sale liable to tax under this act, to another registered dealer shall, provide the purchaser at the time of sale, a tax invoice containing the particulars specified in subsection 2 and retain a copy thereof: provided that a tax invoice shall not be issued a by a dealer permitted to pay tax under section 15 or b for the sale in the course of interstate trade or commerce or export by a dealer, and in such cases a retail invoice shall be issued: provided further that not more than one tax invoice shall be issued for each such sale: provided also that if an invoice has been issued under the provisions of the central excise act, 1 of , it shall be deemed to be a tax invoice if it contains the particulars specified in subsection 2. 2 the tax invoice issued under subsection 1 shall contain the following particulars on the original as well as copies thereof, namely: a the words tax invoice in a prominent place b the name, address and tax payer identification number of the selling registered dealer c the name, address and tax payer identification number of the purchaser d an individual preprinted serialised number and the date on which the tax invoice is issued e description, quantity, volume and value of goods sold and the amount of tax charged thereon indicated separately f the signature of the selling dealer or his manager, agent or servant duly authorised by him and g the name and address of the printer and first and last serial number of tax invoices printed and supplied by him to the dealer. 3 a tax invoice in respect of a sale shall be issued in duplicate and the original of which shall be issued to the purchaser or the person taking the delivery, as the case may be and the duplicate shall be retained by the selling dealer. 4 except when a tax invoice is issued under subsection 1, if a dealer sells any goods exceeding such amount in value as may be prescribed, in any one transaction to any person, he shall issue to the purchaser a retail invoice containing the particulars specified in subsection 5 and retain a copy thereof. 5 the retail invoice issued under subsection 4 shall contain the following particulars on the original as well as copies thereof, namely: a the words retail invoice or cash memorandum or bill in a prominent place b the name, address and tax payer identification number of the selling dealer, if registered c in case the sale is in the course of interstate trade or commerce, the name, registration number and address of the purchasing dealer and type of any form, under the central sales tax act, 74 of , if any, against which the sale has been made d an individual preprinted serialised number and the date on which the retail invoice is issued e description, quantity, volume and value of goods sold and amount of tax charged thereon indicated separately and f the signature of the selling dealer or his servant, manager or agent, duly authorised by him. 6 the retail invoice shall be issued in duplicate, and the original of which shall be issued to the purchaser and the duplicate copy of which shall be retained by the selling dealer. 7 the commissioner may, by notification, specify the manner and form in which the particulars on a tax invoice or retail invoice are to be recorded. 8 if a purchaser claims to have lost the original tax invoice, the selling dealer may, subject to such conditions and restrictions as may be prescribed, provide a copy of such tax invoice clearly marked as a copy of the original tax invoice. 9 where a tax invoice has been issued in respect of a sale and a the amount shown as tax in that tax invoice exceeds the tax payable in respect of the sale, the dealer shall provide the purchaser with a credit note, containing such particulars as may be prescribed or b the tax payable in respect of the sale exceeds the amount shown as tax on the tax invoice, the dealer shall provide the purchaser with a debit note, containing such particulars as may be prescribed. 10 every dealer referred to in subsection 1 shall preserve books of account including tax invoices and retail invoices until the expiry of six years after the end of the year to which they relate or for such other period as may be prescribed. 11 if a registered dealer contravenes the provisions of this section, the prescribed authority shall, after giving the dealer an opportunity of being heard, direct him to pay by way of penalty a sum equivalent to twice the amount of tax payable for each sale in respect of which such contravention has taken place.

section 54. of the bihar value added tax act : 1 every dealer whose gross turnover exceeds forty lakh rupees shall, for the purposes of this act, get his annual accounts audited by an accountant by i the 30th day of november of the following year, in the case of a company formed and registered under the companies act, 1 of and ii the 31st day of october of the following year, in any other case. 2 every dealer referred to in subsection 1 shall obtain, by the date specified in that subsection, a report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed and true copy of such report shall be furnished, on or before the due date, by such dealer to the prescribed authority. explanation 1.in this subsection, due date means a where the dealer is a company within the meaning of the companies act, 1 of , the 30th day of november of the year following the year to which such return relates b where the dealer is a person, other than a company, i in a case where the accounts of the dealer are required under this act or any other law to be audited or where the report of an accountant is required to be furnished under this section, the 31st day of october of the year following the year to which such return relates ii in any other case, the 31st day of july of the year following the year to which such return relates.. explanation 2.for the purposes of this section, accountant means a chartered accountant within the meaning of the chartered accountants act, 38 of and includes a person who, by virtue of the provisions of subsection 2 of section 226 of the companies act, 1 of , is entitled to be appointed to act as an auditor of companies registered in any state. 3 if the accounts of a registered dealer are not required to be audited in terms of the provisions of subsection 1, such dealer shall furnish, to the prescribed authority, the accounts and statements mentioned in subsection 2 of section 52 on or before the 31st day of july of the year following the year to which such accounts or statements relate. 4 if a dealer contravenes the provisions of subsection 2 or subsection 3, the prescribed authority shall, after giving the dealer a reasonable opportunity of being heard, impose on him, in addition to any tax payable, a sum by way of penalty equivalent to two per cent. of the tax payable by him under section 36 for every month, or part thereof, of such default.

section 60. of the bihar value added tax act : 1 the state government may, by notification, set up and erect, in such manner as may be prescribed, checkposts and barriers at any place in the state with a view to preventing evasion of tax payable under this act. 2 every person transporting goods, other than those specified in schedule i and subject to such conditions as may be prescribed, shall, at any checkpost or barrier, referred to in subsection 1 and before crossing such checkpost or barrier, file before such authority or officer as may be authorised by the state government in this behalf, a correct and complete declaration in such form and manner as may be prescribed. 3 any authority or officer who may be authorised by the state government in this behalf, may, for the purpose of verifying, whether any goods are being transported in contravention of the provisions of subsection 2 and in such manner as may be prescribed, intercept, detain and search any goods carrier and the person, transporting goods or for the time being incharge of goods, shall render all possible assistance to such authority or officer in carrying out the search. 4 a the authority or any officer referred to in subsection 3 may seize any goods along with the vehicle or carrier, which, he suspects, are being transported in contravention of the provisions of subsection 2 together with any container or material for the packing of such goods: provided that a list of all the goods seized under this subsection shall be prepared by such officer and be signed by the officer, the dealer or the person incharge of goods and not less than two witnesses and a copy of the seizure list shall be made over to the dealer or the person in charge of the goods, as the case may be. b the provisions of section 56 shall, mutatis mutandis, apply in matters relating to such seizure, penalty, security, release and confiscation of goods.

section 55. of the bihar value added tax act : a every bank, including any branch of a bank, or any clearing house in the state or any financial institution, department of the government, corporation, institution, organisations or companies, boards, authorities, undertakings or any bodies owned, financed or controlled wholly or partly by the state government or the central government and b every clearing, forwarding or booking agent or dalal as defined in clause a of the explanation to section 59 or a person engaged in the business of transporting goods, shall, if so required by any authority appointed under section 10, furnish any such particulars as may be required by such authority in respect of the transactions relating to sales or purchases of goods by such dealers or any dealer with or through such banks or clearing house or any financial institution, department of the government, corporations, institutions, organisations or companies, boards, authorities, undertakings or any other body owned, financed or controlled wholly or partly by the state government or the central government.

section 61. of the bihar value added tax act : 1 a person transporting goods a from any place outside the state of bihar to any place inside the state of bihar, or b from any place inside the state of bihar to any place outside the state of bihar, or c from any place within the state of bihar to any other such place, shall carry a declaration in such form as may be prescribed supported by a cash memo, retail invoice, bill or tax invoice, as the case may be, in case the movement is as a result of sale or a challan in case the movement is otherwise than as a result of sale, in respect of goods which are being transported on a goods carrier, vehicle or a vessel or is otherwise in transit or in transit storage and shall produce such cash memo or bill or tax invoice or challan, as the case may be, along with the aforesaid form of declaration on demand before the prescribed authority: provided that the commissioner may exempt, by notification in the official gazette, consignments below a particular value or quantity from the requirement of this subsection in so far as it relates to carrying of a declaration. 2 any authority or officer who may be authorised by the state government in this behalf may, for the purpose of verifying whether any goods are being transported in contravention of the provisions of subsection 1 intercept, detain and search any goods carrier, vehicle or vessel and may also search the warehouse or godown or any other such place of transit storage, where goods are kept in course of transportation and if the said authority is satisfied on such verification and search that transportation of goods is being made in contravention of the provision of subsection 1, he may seize any such goods together with any container or material for the packing of such goods: provided that a list of all the goods seized under this subsection shall be prepared by such officer and be signed by the officer, the dealer or the person incharge of goods and not less than two witnesses and a copy of the seizure list shall be made over to the dealer or the person in charge of the goods, as the case may be. 3 the provisions of section 56 shall, mutatis mutandis, apply in matters relating to such seizure, penalty, security, release and confiscation of goods. explanation.for the purposes of this section, the power to seize any goods shall also include the power to seize the goods carrier on which the goods are being transported.

section 63. of the bihar value added tax act : 1 when the ownership of the business of a dealer liable to pay tax under this act is entirely transferred, the transferor and the transferee, shall jointly and severally be liable to pay any tax, interest and penalty, if any, payable in respect of such business and remaining unpaid at the time of the transfer and the transferee shall also be liable to pay tax on sales or purchases made by the transferee on and from the date of such transfer and shall forthwith apply for the grant of a registration certificate unless such certificate is already possessed by him. 2 where a dealer liable to pay tax under this act transfers the ownership or a part of his business, the transferor shall be liable to pay tax in respect of the stock of goods transferred with that part of the business.

section 56. of the bihar value added tax act : 1 subject to such rules as may be made by the state government under this act, any authority appointed under subsection 1 of section 10 may, either before or after assessment, require any dealer to produce before it or him any accounts, registers or documents or to furnish any information relating to the details of his purchases and sales and the stock of goods produced, raised, processed, manufactured, bought, sold or delivered by such dealer, and the dealer shall comply with such requirement. 2 if reasonable grounds exist to suspect that a a dealer, with an intention to reduce his tax liability under the act, has suppressed any financial transaction, element of value addition implicit in the transaction or the stock of goods produced, raised, processed, manufactured, bought, sold or delivered by such dealer or has claimed input tax credit in excess of his entitlement or b any clearing or forwarding agent or a person engaged in the business of transporting goods or owner of a warehouse or a godown is keeping or has kept his accounts in such a manner as is likely to cause evasion of tax payable under this act, the prescribed authority shall, after making such further inquiries as may be deemed fit and after obtaining such authorisation in the manner prescribed, proceed to inspect all the places of business of the dealer or the clearing or forwarding agent or the person engaged in the business of transporting goods or the owner of warehouse or godown: provided that if the prescribed authority is satisfied that delay in obtaining such authorisation may be prejudicial to the interest of revenue, he may, for reasons to be recorded in writing, proceed to inspect all the places of business of the dealer or the clearing or forwarding agent or the person engaged in the business of transporting goods or the owner of warehouse or godown without obtaining such authorisation which may be granted subsequently. 3 the prescribed authority shall have the powers to enter into and search the premises, including the place of business, of such dealer or the person and, for reasons to be recorded in writing, seize such accounts, registers or documents of the dealer or the person as may be necessary, in the manner prescribed, and shall retain the same for so long as may be necessary in connection with any proceeding under this act or for a prosecution under any law: provided that if the dealer or person whose accounts, registers or documents have been seized, applies for a copy of the same, he shall be supplied with a photocopy of the same on payment of appropriate cost into a government treasury or a bank authorised in this behalf by the state government: provided further that such authority or inspector may take or cause to be taken such copies of, or extracts from, the accounts, registers or documents, as such authority or inspector may consider necessary. 4 a any authority referred to in subsections 1 and 2 shall have the powers to seize any goods not properly accounted for in the books, accounts, registers and other documents of the dealer or the dalal as defined in clause a of the explanation to section 59, or the owner of the warehouse, or the clearing, booking or forwarding agent, or the person engaged in the business of transporting goods in the manner prescribed. b the authority referred to in clause a shall, in a case where the dealer or the person incharge of goods as mentioned in clause a fails to produce any evidence or fails to satisfy the said authority regarding the proper accounting of goods, impose a penalty, after allowing an opportunity of hearing in the prescribed manner to the dealer or such person, which shall be equal to three times the amount of tax calculated on the value of such goods and the goods shall be released as soon as the penalty is paid. c if the dealer or the person incharge of the goods mentioned in clause a requests for time for production of necessary documents in support of proper accounting, the authority referred to in clause a shall release the goods on the condition that the dealer or such person deposits a security equivalent to three times the amount of tax calculated on the value of the goods, either in the form of cash, to be deposited in the government treasury, or in the form of bank guarantee acceptable to the authority. d if the goods seized under clause a are not claimed by any person, the authority referred to in the said clause shall arrange for the safe custody of goods. e in case the penalty imposed under clause b is not paid or the goods remain unclaimed for a period of thirty days or more from the date of seizure, the goods so seized shall be sold by auction in the prescribed manner and the sale proceeds shall be appropriated towards the amount of penalty imposed under clause b and the balance of the saleproceeds, if any, shall be deposited in the government treasury and shall be refunded to the lawful claimant in the prescribed manner: provided that in the case of goods of a perishable nature, the prescribed authority may decide to sell the goods by auction before a period of thirty days. f in case where the goods have been released on the deposit of a security as mentioned in clause c and evidence regarding proper accounting of goods, to the satisfaction of the authority referred to in clause a is not produced within thirty days from the date on which the security is deposited, the amount of security shall stand forfeited to the state government: provided that in case evidence or document to the satisfaction of the authority mentioned in clause a regarding the proper accounting of goods is produced within the said period of thirty days, the security shall be released in the prescribed manner. 5 a the power conferred under subsections 3 and 4 shall include the power to break open the lock of any box or receptacle or door of any other place or premises where any accounts, registers or other documents or goods may be kept or are reasonably suspected to be kept. b the powers conferred under subsections 3 and 4 shall also include the power to seal any box or receptacle, godown or building where any accounts, registers or other documents or goods may be kept or are reasonably suspected to be kept. 6 an authority appointed under section 10 may require the assistance of any person, public servant or police officer in making a search and a seizure or for safe custody of goods seized under this section, and such person, public servant or police officer shall render necessary assistance in the matter. 7 where any books of account, other documents, money or goods are found in the possession or control of any person in the course of any search under subsection 2 or subsection 3, it shall be presumed, unless it is proved to the contrary, that such books of account, documents, money or goods belong to such person. explanation.for the purposes of this section the expression proper accounting, shall i in the case of a dealer, mean that the goods have either not been entered in the books of account or they have been classified in a manner which is likely to lead to evasion of tax payable under this act or ii in the case of the owner of a warehouse, or a clearing, booking or forwarding agent, or a person engaged in the business of transporting goods, mean properly entered in such registers and accounts as may be prescribed under subsection 2 of section 59. 8 the provisions of the code of criminal procedure, 2 of , relating to searches and seizure shall apply, so far as may be, to searches and seizure under this section.

section 57. of the bihar value added tax act : 1 with a view to preventing evasion of tax payable under this act and ensuring proper compliance with the provisions of this act, the prescribed authority may, from time to time, collect information regarding sales and purchases effected by any class of dealers and cause any of such transactions of sale and purchase to be crosschecked. 2 for this purpose, the prescribed authority may, from time to time and by issuing a notice, in the manner and form prescribed, require any class of dealers to furnish, before such authority and by such date as may be specified in the said notice, such information, details and particulars as may be specified in the notice, regarding the transactions of sales and purchases effected by the dealers during the period mentioned in the said notice. 3 the prescribed authority shall cause any of such transactions to be crosschecked with reference to the books of account of the purchasing and selling dealers and for this purpose, the prescribed authority shall send an intimation required for the purpose of crosschecking, stating therein the details of the transactions proposed to be crosschecked and the time and date on which any officer or person duly authorised to cross check the transaction shall visit the place where the books of account are ordinarily kept by the dealer.

section 58. of the bihar value added tax act : 1 with a view to identifying dealers who are liable to pay tax under this act, but have remained unregistered, the prescribed authority, shall, from time to time, cause a survey of unregistered dealers to be done for this purpose. 2 for the purposes of the survey, the prescribed authority may, by notice in the prescribed form, require any dealer or class of dealers to furnish the names, addresses and other particulars, in the manner specified, of the persons and dealers who have purchased or sold any goods from, or, to, such dealer or class of dealers during a given period. 3 for the purposes of survey, the prescribed authority may call for, by notice in the prescribed form, details and particulars regarding the services provided by public utilities, financial institutions including banking companies, clearing and forwarding agents, owners of warehouses, dalals and persons engaged in the business of transporting goods which such authority is of the opinion, shall be relevant and useful for the purposes of this act.

section 59. of the bihar value added tax act : 1 every clearing, forwarding or booking agent or dalal or a person transporting goods, who during course of his business handles the document of title to the goods or transports goods or takes delivery of goods for or on behalf of a dealer and having his place of business in the state of bihar, shall furnish true and complete particulars and information relating to his place of business to the prescribed authority, within such time and in such manner as may be prescribed. 2 every agent or person referred to in subsection 1, shall maintain true and complete accounts, registers and documents, as may be prescribed, in respect of the goods handled by him and the documents of title relating thereto and shall produce the said accounts, registers and documents before the prescribed authority as and when required by him. 3 if any agent or person referred to in subsection 1 contravenes the provisions of subsection 1 or subsection 2 in a manner which is likely to lead to evasion of any tax payable under this act, the prescribed authority may, without prejudice to any action under section 81, on charge of abetment, after giving such agent or person an opportunity of being heard, direct him to pay by way of penalty an amount which shall be equal to three times the amount of tax calculated on the value of goods in respect of which complete particulars have not been furnished or incorrect particulars or information have been furnished. explanation.for the purposes of this subsection a dalal shall include a person who renders his services for booking of, or taking delivery of, consignment of goods at a railway station, booking agency, goods transport company office, or any place of loading or unloading of goods or contrives, makes and concludes bargains and contracts for or on behalf of any dealer for a fee, reward, commission, remuneration or other valuable consideration or otherwise b person transporting goods shall, besides the owner, include the manager, agent, driver or employee of the owner, or person incharge of a place of loading or unloading of goods other than a railhead, or a post office, or of a goods carrier carrying such goods, or a person who accepts consignments of such goods for despatch to other places or gives delivery of any consignment of such goods to the consignee.

section 65. of the bihar value added tax act : where the business in respect of which tax is payable under this act is carried on by, or is in charge of, any guardian, trustee or agent of a minor or other incapacitated person on behalf of and for the benefit of, such minor or other incapacitated person, the tax shall be assessed upon and recoverable from such guardian, trustee or agent, as the case may be, in the manner and to the same extent as it would be leviable upon and recoverable from any such minor or incapacitated person, if he were of full age and sound mind, and if he were conducting the business himself and all the provisions of this act shall apply accordingly

section 62. of the bihar value added tax act : 1 if any consignment of goods is being transported by road from a place outside the state of bihar to another such place and the vehicle carrying the consignment passes through the territory of the state, the driver or any other person incharge of the vehicle shall obtain transit permission in the prescribed manner from the authority of the first checkpost falling en route after entry into the state and shall surrender the same transit permission to the authority of the last checkpost before leaving the state and in the event of failure to do so within seventytwo hours of leaving the first checkpost falling en route, it shall be deemed that goods so transported have been sold by the owner or the person incharge of the vehicle within the state of bihar. 2 in case the driver or person referred to in subsection 1 fails to comply with the provisions of subsection 1, he shall be liable to pay penalty at the rate of rupees five hundred for every day of the default or a sum twice the amount of tax calculated on the value of the goods transported in contravention of that subsection, whichever is higher: provided that no such penalty shall be levied without giving the person an opportunity of being heard: provided further that if the person proceeded against, justifies, beyond any doubt, the reasons for any delay exceeding seventytwo hours, the prescribed authority shall, for reasons to be recorded in writing, condone the delay.

section 64. of the bihar value added tax act : 1 where a dealer dies after assessment but before payment of the tax, interest or penalty payable by him under this act, his executor, administrator, successorininterest or legal representative shall be liable to pay out of the property of the deceased, to the extent to which it is capable of meeting the charge, the amount payable by such dealer. 2 when a dealer dies without having furnished the return under section 24 or after having furnished the return but before assessment, the prescribed authority may proceed to make an assessment and determine the amount payable under this act by the deceased and for the said purpose he may require the executor, administrator, successorin interest or legal representative, as the case may be, of the deceased to perform all or any of the obligations, which he might, under the provisions of this act, have required the deceased to perform and the amount thus determined shall be payable by the executor, administrator, successorininterest or legal representative of the deceased to the extent to which the property of the deceased is capable of meeting the charge.

section 66. of the bihar value added tax act : where the estate or any portion thereof of a dealer owning a business in respect of which tax is payable under this act is under the control of the court of wards, the administrator general, the official trustee, or any receiver or manager, including any person, whatever his designation who in fact manages the business, appointed by, or under the order of a court, the tax shall be assessed upon and recoverable from such court of wards, administratorgeneral, official trustee, receiver or manager in like manner and to the same extent as it would be assessable upon and recoverable from the dealer if he were conducting the business himself and all the provisions of this act shall apply accordingly.

section 73. of the bihar value added tax act : 1 subject to such rules as may be made by the state government, any of the authorities mentioned in section 10 or any person aggrieved by an order made by the deputy commissioner or joint commissioner under section 72 or the commissioner under section 74 or section 77, may, prefer an appeal to the tribunal. 2 where an appeal is preferred by a dealer, such appeal shall not be entertained by the tribunal unless such dealer has deposited in the manner specified by the tribunal, twentyfive per cent. of the amount in dispute: provided that the tribunal may, for reasons to be recorded in writing, waive or reduce the amount required to be deposited under this section. 3 every application for appeal under this section shall be filed within ninety days of the communication of the order which is sought to be appealed, but where the tribunal is satisfied that the applicant had sufficient cause for not applying within time, it may condone the delay. 4 no order under this section shall be passed without giving the applicant as also the authority whose order is sought to be appealed or their representative a reasonable opportunity of being heard. 5 on receipt of an appeal under subsection 1, the tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such order thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 6 the tribunal shall send the copy of every order made by it to the parties to the appeal and to the concerned authority against whose order the appeal had been preferred. 7 the appeal filed before the tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal.

section 67. of the bihar value added tax act : where a dealer is a hindu undivided family, firm or association of persons, and such family, firm or association is partitioned, dissolved or disrupted, as the case may be a the tax, interest and penalty payable under this act by such family, firm or association of persons for the period up to the date of such partition, dissolution or disruption may be assessed as if no partition, dissolution or disruption had taken place and all the provisions of this act shall apply accordingly and b every person who was at the time of such partition, dissolution or disruption a member or partner of a hindu undivided family, firm or association of persons shall, notwithstanding such partition, dissolution or disruption, be liable severally and jointly for the payment of tax, interest including penalty, if any, payable under this act, by such family, firm or association of persons, whether dues of tax, interest or penalty is for the period prior to or after such partition, dissolution or disruption

section 69. of the bihar value added tax act : 1 if a registered dealer files any returns or produces any other evidence as required by or under this act, and the return or evidences produced show any amount to be refundable to the dealer, then the dealer may apply in the prescribed form to the prescribed authority for grant of provisional refund. 2 the prescribed authority may require the said dealer to furnish such security as may be prescribed for an amount equal to the amount of refund and on receipt of such security, the prescribed authority shall, subject to rules, grant the dealer a provisional refund of the amount claimed refundable as aforesaid. 3 a subject to other provisions of this act, the refund under subsection 1 shall be deemed to be final if the dealer has no liability under the act as per his annual return filed under section 24 and the report submitted under subsection 2 of section 54. b upon the said refund being final, the security, if any, furnished under subsection 2 shall be returned to the said dealer. c if any amount in excess of the amount refunded under subsection 1 is found to be payable by the said dealer in respect of the period for which he had claimed and was allowed such provisional refund, such excess shall be recovered as arrears of tax from the dealer and he shall be liable to pay simple interest on such excess amount at the rate of one and half per cent. per month or part thereof from the date of grant of provisional refund till the date of the payment of such excess amount.

section 68. of the bihar value added tax act : 1 subject to the other provisions of this act and the rules made thereunder, the prescribed authority shall refund to a person the amount of tax, penalty and interest, if any, paid by such person in excess of the amount due from him in such manner as may be prescribed. 2 where on account of death, incapacity, insolvency liquidation or other cause a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, shall be entitled to claim or receive such refund in the manner prescribed: provided that the prescribed authority shall first apply such excess amount towards the recovery of any amount for any period in respect of which a notice under section 39 has been issued and shall then refund the balance, if any.

section 74. of the bihar value added tax act : the commissioner may, suo motu, call for and examine the record of any proceeding recorded by any authority, officer or person subordinate to him under this act and if he considers that any order passed therein is erroneous in so far as it is prejudicial to the interest of revenue, pass such order as he deems fit after giving the dealer or the person concerned an opportunity of being heard.

section 70. of the bihar value added tax act : 1 where an amount required to be refunded by the prescribed authority to any person is not refunded to him or the application for refund is not rejected, as the case may be, within ninety days of the amount having become refundable, the prescribed authority shall pay such person simple interest at the rate of six per cent. per annum or part thereof on the said amount from the date immediately following the expiry of the period of ninety days to the date of the refund: provided that where the amount becomes refundable by virtue of an order of the tribunal or the high court or the supreme court, the interest under the provisions of this section shall be payable from the date immediately following the expiry of the period of ninety days from the date of receipt of the order of the tribunal, the high court or the supreme court, by the officer whose order forms the subject matter of the proceedings before the tribunal, the high court or the supreme court, to the date of refund. 2 if the delay in granting the refund within the period of ninety days aforesaid is attributable to the said person, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which interest is payable. 3 where any question arises as to the period to be excluded for the purposes of calculation of interest under the provisions of this section, such question shall be determined by the commissioner, whose decision shall be final.

section 71. of the bihar value added tax act : where an order giving rise to a refund is the subjectmatter of an appeal or further proceeding or where any other proceeding under this act is pending, and the authority competent to grant such refund is of the opinion that the grant of the refund is likely to adversely affect the revenue, such authority not being the commissioner with the previous approval of the commissioner may withhold the refund till such time as is deemed fit: provided that the commissioner may, on application or otherwise, order for release of such refund if he is of the opinion that the situation does not require such action on the part of the prescribed authority.

section 72. of the bihar value added tax act : 1 subject to such rules as may be made by the state government under this act, any dealer, objecting to an order of assessment or an order levying interest or penalty passed by the prescribed authority against him, or an order under section 25 or a person, objecting to an order of penalty passed against him or an order under section 47, may appeal to the joint commissioner, or, the deputy commissioner specially authorised in this behalf. 2 no appeal under subsection 1 shall be admitted unless the dealer objecting to an order of assessment has paid twentyfive per cent. of the tax assessed or full amount of admitted tax, whichever is higher. 3 every appeal under this section shall be filed, in such form and the manner, as may be prescribed, within fortyfive days of the receipt of the notice of demand but where the appellate authority is satisfied that the appellant had sufficient reason for not preferring the appeal within time, it may condone the delay. 4 the appellate authority while disposing of an appeal against an order, other than an order under section 47, may a i confirm, annul, reduce, enhance or otherwise modify such order or ii set aside the order directing the authority below to make fresh order after further enquiry on specific points as directed and b in other cases, pass such order as it may, for reasons to be recorded in writing, deem fit. 5 no order under this section shall be passed without giving reasonable opportunity of hearing to the appellant as also the authority whose order has been appealed against.

section 77. of the bihar value added tax act : 1 if any question arises, otherwise than in proceedings before a court, or before the prescribed authority has commenced assessment of a dealer under section 27 or section 28 or section 29 or section 30 or section 31 or section 32 or section 33, whether, for the purposes of this act, a any person, society, club or association or any firm or any branch or department of any firm, is a dealer, or b any particular thing done to any goods amounts to or results in the manufacture of goods, within the meaning of that term, or c any transaction is a sale or a purchase, or where it is a sale or a purchase the sale price or the purchase price, as the case may be, thereof, or d any particular person or dealer is required to be registered, or e in the case of any person or dealer liable to pay tax, any tax is payable by such person or dealer in respect of any particular sale or purchase, or if tax is payable, the rate thereof, or f input tax credit can be claimed on any particular transaction of purchase and if it can be claimed, what are the conditions and restrictions subject to which such input tax credit can be claimed, or g the order passed under subsection 2 of section 25 is just and proper, or h any other question involving interpretation of any provisions of this act, the commissioner shall, subject to such rules as may be made, make an order determining such question. explanation. for the purposes of this subsection, the prescribed authority shall be deemed to have commenced assessment of the dealer under section 27 or section 28 or section 29 or section 30 or section 31 or section 32 or section 33, when the dealer is served with any notice by the prescribed authority under the said sections. 2 the commissioner may direct that the determination shall not affect the liability of any person under this act, as respect any sale or purchase affected prior to the determination or such date as he may specify. 3 if any such question arises from any order already passed by any authority or court under this act or the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, no such question shall be entertained for determination under this section but such question may be raised in appeal against such order.

section 75. of the bihar value added tax act : a dealer shall not be entitled to produce additional evidence whether oral or documentary in appeal before the appellate authority or in revision before the commissioner or the tribunal except where the evidence sought to be adduced is evidence, which the prescribed authority had wrongly refused to admit or which, after exercise of due diligence, was not within his knowledge or could not be produced by him before the prescribed authority or for the production of which adequate time was not given by the prescribed authority and in every such case upon the additional evidence being taken on record reasonable opportunity for challenge or rebuttal shall be given.

section 82. of the bihar value added tax act : 1 save as provided in section 81, the punishments inflicted under the said section shall be without prejudice to any penalty which may be imposed under the provisions of this act. 2 no court shall take cognizance of any offence under this act except with the previous sanction of the commissioner or any officer specially empowered in this behalf and no court inferior to that of a magistrate of the first class shall try any such offence. 3 notwithstanding anything contained in the code of criminal procedure, 2 of , all offences punishable under section 81 shall be cognizable and bailable.

section 76. of the bihar value added tax act : subject to such rules as may be made by the state government under this act, any authority appointed under section 10 or the tribunal may review any order passed by it, if such review is, in the opinion of the said authority or the tribunal, as the case may be, necessary on account of a mistake which is apparent from the record: provided that no such review, if it has the effect of enhancing the tax, interest or penalty or of reducing a refund shall be made unless the said authority or the tribunal, as the case may be, has given the dealer, or the person concerned a reasonable opportunity of being heard.

section 78. of the bihar value added tax act : 1 the commissioner may, after giving the parties a reasonable opportunity of being heard in the matter, by order in writing after recording his reason for so doing, transfer any proceedings or class of proceedings under any provision of this act, from himself to any other officer and he may likewise transfer any such proceeding, including a proceeding pending with any officer or already transferred under this section, from any officer to any other officer. 2 for the purpose of this section, any proceeding shall be deemed to have commenced only when any authority having appropriate jurisdiction issues notice under the provisions of this act, rules or notifications and the proceedings shall be deemed to be pending only after the issue of such notice. 3 where no proceedings are pending before any authority, then any authority having appropriate jurisdiction over a person or dealer, may initiate and complete any proceedings whatsoever. explanation.in this section, the word proceedings in relation to any dealer means all proceedings under this act in respect of any year, which may be pending on the date of such order or which may have been completed on or before such date, and also includes all proceedings under this act which may be commenced after the date of such order in respect of the said year in relation to such dealer.

section 83. of the bihar value added tax act : 1 subject to such conditions as may be prescribed, the commissioner may authorise either generally or in respect of a particular case or class of cases, any officer or person subordinate to him to investigate all or any of the offences punishable under this act. 2 every officer so authorised shall, in the conduct of such investigation, exercise the powers conferred by the code of criminal procedure, 2 of upon an officer incharge of a police station for the investigation of a cognizable offence.

section 79. of the bihar value added tax act : 1 an appeal shall lie to the high court from every order passed by the tribunal, if the high court is satisfied that the case involves a substantial question of law. 2 the commissioner or a dealer aggrieved by any order passed by the tribunal, i under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, on or after the date of commencement of this act or ii under this act, may file an appeal to the high court, and such appeal under this section shall be filed within ninety days from the date of the communication to the dealer or the commissioner on any question of law arising out of such order./hr 3 where the high court is satisfied that a substantial question of law is involved in any case, it shall formulate the question. 4 the appeal shall be heard only on the question so formulated and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: provided that nothing in this subsection shall be deemed to take away or abridge the power of the high court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. 5 a the high court shall decide the substantial question of law so formulated or involved and deliver such judgment thereon containing the grounds on which such decision is founded and may award such costs as it deems fit. b the high court may determine any issue which i has not been determined by the tribunal, or ii has been wrongly determined by the tribunal, by reason of a decision on such question of law as is referred to in subsection 1. 6 save as otherwise provided in this act, the provisions of the code of civil procedure, 5 of relating to appeals to high court, shall as far as may be, apply in the case of appeals under this section.

section 80. of the bihar value added tax act : 1 when an appeal has been filed before the high court under section 79, it shall be heard by a bench of not less than two judges of the high court, and shall be decided in accordance with the opinion of such judges or of the majority, if any, of such judges. 2 where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of other judges of the high court and such point shall be decided according to the opinion of the majority of judges who have heard the case including those who first heard it.

section 86. of the bihar value added tax act : 1 the state government may, by an order published in the official gazette, constitute a bureau of investigation and it shall consist of such personnel and such number of officers and such hierarchy of supervision and control as may be specified by the state government in the said order: provided that if authorities appointed under subsection 1 of section 10 are specified as such they shall, without prejudice to the powers under subsection 1 of section 10, exercise the powers of an authority under sections 55, 56, 57, 58, 59, 60, 61 and 62 for carrying out the purposes of this act. 2 a the state government may, by an order published in the official gazette, vest an officer of the bureau of investigation with the powers of an officer incharge of a police station under the code of criminal procedure, 2 of and with such other powers under different acts, as it may consider necessary. b the commissioner may, by an order published in the official gazette, authorise an officer of the bureau of investigation to exercise the powers of an authority appointed under section 10 in respect of such matters as may be specified in the order. 3 the bureau of investigation shall function under the control and supervision of the commissioner, and discharge such duties as may be assigned to it by the commissioner, including investigation of offences under section 83 of this act.

section 81. of the bihar value added tax act : 1 whoever a carries on business as a dealer without being registered in wilful contravention of section 19, or b fails without sufficient cause to furnish any information required by section 23, or c fails, without sufficient cause, when directed so to do under section 59, to keep any accounts or record in accordance with the directions, or d fails, without sufficient cause, to furnish any return as required by section 24 by the date and in the manner prescribed, shall, on conviction, be punished with imprisonment, of either description, for a term which shall not be less than three months but which may extend to six months and with fine not exceeding one thousand rupees. 2 whoever a knowingly keeps false account of the value of the goods bought or sold by him in contravention of subsection 1 of section 52 or section 53, or b wilfully attempts, in any manner whatsoever, to evade any payment of any tax, penalty or interest, shall, on conviction, be punished with imprisonment, of either description, for a term which shall not be less than six months but which may extend to one year and with fine not exceeding two thousand rupees. 3 whoever a not being a registered dealer under section 19, falsely represents that he is or was a registered dealer at the time when he sells or buys goods or b knowingly furnishes a false return or c knowingly produces before the prescribed authority, false bill, tax invoice, cashmemorandum, voucher, declaration, certificate or other document for any of the purposes of this act or d issues to any person a certificate or declaration under this act or the rules framed or notifications issued thereunder, a bill, cash memorandum, tax invoice, voucher or other document which he knows or has reason to believe to be false or e obstructs any officer making inspection or search or seizure under section 56 or section 61 or section 62, shall, on conviction, be punished with imprisonment, of either description, for a term which shall not be less than one year but which may extend to three years and with fine not exceeding three thousand rupees. 4 whoever aids or abets any person in the commission of any offence specified in subsection 1 or subsection 2 or subsection 3 shall, on conviction, be liable for punishment of the description specified in respect of the offence in the commission of which he has aided or abetted. 5 notwithstanding anything contained in subsections 1 to 4, no person shall be proceeded against under these subsections for the commission of the offences referred therein if the total amount of tax, interest or penalties evaded or attempted to be evaded is less than five thousand rupees. 6 where a dealer is accused of an offence specified in subsection 1 or subsection 2 or subsection 3, the person declared as manager of the business of the dealer under section 22 shall also be deemed to be guilty of such offence, unless he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission thereof.

section 84. of the bihar value added tax act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that, nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means a company incorporated under the companies act, 1 of , and includes a body corporate, a firm or other association of individuals b director in relation to a firm means a partner in the firm. 3 where an offence under this act has been committed by a hindu undivided family, the karta thereof shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render the karta liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence: provided further that, where an offence under this act has been committed by a hindu undivided family and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any adult member of the hindu undivided family, such member shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and on conviction punished accordingly.

section 85. of the bihar value added tax act : 1 the commissioner may, either before or after the institution of proceedings under section 81, accept from any person charged with an offence under subsection 1 or subsection 2 or subsection 3 or subsection 4 of the said section by way of composition of the offence, a sum not exceeding ten thousand rupees and where the offence charged was likely to cause or caused evasion of any amount of tax payable under this act, a sum not exceeding three times of such amount, whichever is higher. 2 on payment of such sum as may be determined by the commissioner under subsection 1, no further proceeding shall be taken against the accused person in respect of the same offence.

section 87. of the bihar value added tax act : any person, who is required to appear before any authority appointed under section 10 or before the tribunal or before an officer of the bureau of investigation constituted under section 86 in connection with any proceeding under this act, may appear before such authority through a a person authorised in the prescribed manner by him in this behalf, being his relative or person in his regular and whole time employment, b a sales tax practitioner who possesses the prescribed qualifications or c a legal practitioner, or d subject to such conditions as may be prescribed, a chartered accountant, or company secretary, or cost accountant. explanation.for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice.

section 92. of the bihar value added tax act : notwithstanding anything contained in this act, the state government, by notification to be published in the official gazette, may, subject to such rules as may be prescribed, declare any dues created under this act or the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, as unrecoverable.

section 94. of the bihar value added tax act : 1 the bihar finance act, bihar act 5 of hereinafter referred to as the repealed act is hereby repealed from the date of commencement of this act. 2 the repeal shall not affect, a any legal proceeding or remedy whether initiated or availed of before or after this repeal, in respect of any such right, title, obligation or liability b affect any right, privilege, obligation, or liability acquired, accrued or incurred under the repealed act except the right or privilege accrued under the repealed act or the rules framed or notifications issued thereunder, to industries, granted under any industrial policy or industrial policy resolution of the state government or c the levy, assessment or recovery of any tax or the imposition or recovery of any penalty, in respect of such period, under the provision of the repealed act and all proceedings under the repealed act in respect of matters aforesaid shall be initiated and disposed of or continued and disposed of, as the case may be, as if this act has not been passed and for this purpose all taxing authorities or inspectors appointed under section 10, and the tribunal constituted under section 9 of, shall exercise all powers and perform all duties conferred by or under the repealed act upon the corresponding authorities appointed under section 9 or section 8 thereof: provided that any appeal or any revision arising out of any order under the bihar finance act, bihar act 5 of shall be filed before, or heard or disposed of by, the appropriate authorities mentioned in sections 72, 73 and 74 in the manner as provided therein. 3 all rules, orders and appointments made, notifications published, certificates granted, powers conferred and other things done under the said act and in force on the commencement of this act, shall, so far as they are not inconsistent with or until they are not modified, superseded or cancelled under this act, be deemed to have been respectively made, published, granted, conferred or done under this act. 4 save as otherwise provided in subsections 2 and 3, the mention of particular matters in those subsections shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of with regard to the effect of repeal.

section 88. of the bihar value added tax act : whenever, in respect of any proceeding under this act, any person or authority appointed under section 10 ceases to exercise jurisdiction and is succeeded by another person who has and exercises jurisdiction, the person so succeeding may continue the proceeding from the stage at which the proceeding was left by his predecessor: provided that the dealer concerned may demand that before the proceeding is so continued, the previous proceeding or any part thereof be reopened or that before any order is passed against him, he be heard.

section 89. of the bihar value added tax act : save as provided in section 79, no assessment made and no order passed under this act or rules made thereunder by any authority appointed under section 10 or by the bureau of investigation or by the tribunal shall be called in question in any court, and save as is provided in section 72 or section 73 or section 74 or section 76, no appeal or application for revision or review shall lie against any such assessment or order.

section 90. of the bihar value added tax act : 1 all particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this act, or in any record of evidence given in the course of any proceedings under this act other than proceeding before a criminal court, or in any record of any assessment proceeding, or any proceeding relating to the recovery of a demand, prepared for the purposes of this act, shall, save as provided in subsection 3, be treated as confidential and notwithstanding anything contained in the indian evidence act, 1 of , no court shall save as aforesaid, be entitled to require any servant of the government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof. 2 if, save as provided in subsection 3, any servant of the government discloses any of the particulars referred to in subsection 1, he shall, on conviction, be punished with imprisonment, which may extend to six months or with fine or with both. 3 nothing in this section shall apply to the disclosure of any of the particulars, referred to in subsection 1, made a for the purposes of a prosecution under the indian penal code, 45 of in respect of any statement, return, accounts, registers, documents or evidence, or any part thereof or b for the purposes of a prosecution under this act or c for regulating any inquiry under the public servant inquiries act, 37 of , into the conduct or behaviour of any authority or inspector appointed under section 10 or an officer of the bureau of investigation constituted under section 86 or into the behaviour of any other officer appointed to conduct such inquiry or d in connection with the trial of a suit in a civil court to which the state of bihar is a party and which relates to any matter arising out of any proceeding under this act or e for the purposes of enabling an officer of the central government or of any state government to levy or recover any tax or duty imposed by it or f to any officer of the state government where it is necessary to make such disclosure for the purposes of this act or g to any officer of the central government or of the state government for the purpose of enabling such officer to perform his executive functions relating to the affairs of the union or the state.

section 91. of the bihar value added tax act : 1 if the commissioner is satisfied that an arrangement has been entered into between two or more persons or dealers to defeat the application or purposes of this act or any provision of this act, then, the commissioner may, by order, declare the arrangement to be null and void as regards the application and purposes of this act and he may, by the said order, provide for increase or decrease in the amount of tax payable by any person or dealer who is affected by the arrangement, whether or not such dealer or person is a party to the arrangement, in such manner as the commissioner considers appropriate so as to counter act any tax advantage obtained by that dealer from or under the arrangement. 2 for the purposes of this section i arrangement includes any contract, agreement, plan or understanding whether enforceable in law or not, and all steps and transactions by which the arrangement is sought to be carried into effect ii tax advantage includes, a any reduction in the liability of any dealer to pay tax, b any increase in the entitlement of any dealer to claim input tax credit or refund, c any reduction in the sale price or purchase price receivable or payable by any dealer. 3 before passing any order under this section, the commissioner shall afford a reasonable opportunity of being heard to any such person or dealer whose tax advantage is sought to be counter acted.

section 93. of the bihar value added tax act : 1 the state government may, subject to the condition of previous publication, by notification, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the advance tax may be collected under subsection 7 of section 3 b constitution of the tribunal under subsection 1 of section 9 c the terms and conditions of service of the chairperson or any other government servant appointed as a member of the tribunal under subsection 7 of section 9 d the areas and functions of inspectors under subsection 3 of section 10 e the form and manner in which the true and complete declaration referred to in clause a of subsection 2 of section 13 shall be filed f the conditions and restrictions subject to which the registered dealers may be permitted to pay an amount under subsection 1 of section 15 g the conditions and restrictions subject to which an input tax credit shall be claimed under subsection 1 section 16 h the manner and the period within which the input tax credit in respect of capital goods shall be allowed under clauses a, b, c, d and e of subsection 1 of section 16 i the manner in which the input tax credit on the sale or supply of goods shall be claimed by the registered dealer selling the goods or using them in the execution of subcontract under subsection 2 of section 16 j the other goods on which input tax credit shall not be claimed or allowed under clause a of subsection 3 of section 16 k the particulars of sale in the original copy of the tax invoice and the form and manner of the duplicate copy of the original tax invoice under subsection 5 of section 16 l the manner in which input tax credit on goods and the manner and extent in which the input tax on account of capital assets shall be allowed under subsection 1 of section 17 m the restrictions and conditions subject to which and the time and manner in which the organisations specified in the schedule v to this act may apply for refund of tax paid on goods purchased under subsection 2 of section 17 n the manner of application for and the grant of certificate of registration under subsection 2 of section 19 o the manner in which the certificate of registration shall be surrendered and the manner in which the certificate of registration shall be cancelled under subsection 2 of section 20 p the security and the manner in which such security shall be furnished under section 21 q the manner in which the declaration shall be furnished and the particulars of the person under subsection 1 of section 22 r the form and manner in which the returns or statements or notice, as the case may be, under subsections 1, 2, 3, 4 and 7 of section 24 shall be furnished s the manner in which the opportunity of being heard is to be provided under subsection 8 of section 24 t the manner of depositing tax and the form and manner of enclosing the proof of payment of such tax under subsection 9 of section 24 u the time and manner of scrutiny of return under subsection 1 of section 25 v the form of notice to the concerned dealer under subsection 2 of section 25 w the form and manner of serving a notice and the time within which the dealer is required to pay the tax and interest under clause b of subsection 3 of section 25 x the manner of conducting an audit of the business of a dealer under subsection 3 of section 26 y making of provisional or final assessment of turnover of sale or purchase of goods under subsection 1 of section 30 z the form and manner of notice and the manner of assessment or reassessment under subsection 1 of section 31 za the manner in which the opportunity of being heard is to be provided under subsection 1 of section 32 zb the manner in which the amount of tax may be provisionally quantified under subsection 2 of section 32 zc the manner in which the reassessment may be made under section 33 zd the other evidence to prove and the form and manner of declaration required to be furnished under subsection 2 of section 35 ze such other manner of payment of tax and the manner of payment of tax, interest due or the penalty by instalments under subsection 2 of section 39 zf the manner of payment of penalty under subsection 5 of section 39 zg the conditions and restrictions subject to which the deduction of tax may be made under subsection 1 of section 40 zh the manner of payment of amount into the government treasury under subsection 3 of section 40 zi the conditions subject to which no deduction of tax shall be made under subsection 1 of section 41 zj the manner in which tax referred to in subsection 1 of section 41 shall be deducted under subsection 4 of section 41 zk the form and manner of certificate by the person making deduction under subsection 5 of section 41 zl the form and manner of granting tax clearance certificate under section 42 zm the manner in which the opportunity of being heard is to be provided under subsection 3 of section 43 zn the form of notice by the prescribed authority under subsection 2 of section 44 zo the manner of publication of notice and the details therefor under subsection 4 of section 44 zp the form of application in which the person may claim the refund under subsection 5 of section 44 zq the manner of keeping a true and complete accounts under subsection 1 of section 52 zr the dealers or persons and the manner of drawing up the manufacturing, trading and profit and loss account and a balancesheet and other accounts under subsection 2 of section 52 zs the form of challan to be issued by every dealer or a person under subsection 3 of section 52 zt the accounts and the manner in which the trading and profit and loss account shall be drawn up under subsection 4 of section 52 zu the value of goods exceeding which the retail invoice is required to be issued by the dealer under subsection 4 of section 53 zv the period for which invoices under subsection 7 of section 53 may be required to be preserved zw the conditions and restrictions subject to which a copy of the original tax invoice may be provided by the selling dealer under subsection 8 of section 53 zx the particulars of the credit note and the debit note under subsection 9 of section 53 zy the other period for which the tax invoices and retail invoices are required to be preserved under subsection 10 of section 53 zz the form of audit report and the particulars thereof under subsection 2 of section 54 zza the manner of authorisation to inspect all places of business under subsection 2 of section 56 zzb the manner of seizure of accounts, registers or documents under subsection 3 of section 56 zzc the manner of seizure of goods under clause a of subsection 4 of section 56 zzd the manner in which the opportunity of being heard is to be provided under clause b of subsection 4 of section 56 zze the manner of auction of goods and the manner in which the sale proceeds shall be refunded under clause e of subsection 4 of section 56 zzf the manner of release of security under clause f of subsection 4 of section 56 zzg the manner and form of notice by the prescribed authority under subsection 2 of section 57 zzh the form of notice by the prescribed authority under subsections 2 and 3 of section 58 zzi the time and manner of furnishing information under subsection 1 of section 59 zzj the accounts, registers and documents required to be maintained under subsection 2 of section 59 zzk the manner of erecting check posts and barriers under subsection 1 of section 60 zzl the form and manner of furnishing declaration and the conditions subject to which such declaration shall be furnished under subsection 2 of section 60 zzm the manner of intercepting, detaining and searching any goods carrier under subsection 3 of section 60 zzn the form of declaration required by a person transporting goods under subsection 1 of section 61 zzo the manner of obtaining transit permission under subsection 1 of section 62 zzp the manner of refund to a person who paid in excess of the amount due under subsection 1 of section 68 zzq the manner of claiming or receiving the refund under subsection 2 of section 68 zzr the form of application for grant of provisional refund under subsection 1 of section 69 zzs the security to be furnished by the dealer under subsection 2 of section 69 zzt the form and manner of filing an appeal under section 72 zzu the conditions subject to which the offences punishable under this act may be investigated under subsection 1 of section 83 zzv the manner of authorisation and the conditions subject to which an accountant, company secretary or sales tax practitioner may appear before taxing authorities under section 87 zzw declaration by the state government relating to any dues as unrecoverable under section 92 zzx the manner of imposition of penalty for breach of any rules made under this section zzy the manner and time in which, the particulars of, and the authority to whom, goods held in stock is to be declared under section 95 zzz the manner of claiming input tax credit under subsections 1 and 2 of section 96 zzza the manner and extent of deferment of tax liability under subsection 3 of section 96 zzzb any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, or may be, made by rules. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of the state legislature while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 4 any rule made under this section may provide that the contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is continuing one, with a further fine which may extend to one hundred rupees per day for every day during which such contravention continues.

section 95. of the bihar value added tax act : every dealer who was registered under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, or who makes an application for registration as a dealer on the 1st day of april, shall declare such details regarding the stock of goods held by him on the 31st march, in such manner and with such particulars and within such time and to such authority, as may be prescribed.

section 100. of the bihar value added tax act : anything done or any action taken under the bihar value added tax ordinance, bihar ord. 1 of including any order passed, notification issued and rules made shall be deemed to be valid and be deemed to have been done or taken under the corresponding provisions of this act

section 96. of the bihar value added tax act : 1 where any goods, other than those specified under subsection 2 of section 13 of this act, held in stock by a registered dealer on the date of commencement of this act, are goods which have already suffered tax on the first point of their sale within the meaning of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, are sold by him or are consumed in manufacture of other goods on or after the date of commencement of this act, he shall claim and be allowed, in such manner as may be prescribed, an input tax credit under sections 16 and 17 of this act. 2 where any goods, other than those specified under subsection 2 of section 13 of this act, held in stock by a registered dealer on the date of commencement of this act, are goods which have already suffered tax on the first point of their sale within the meaning of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, are used or consumed by him for the manufacture of goods for sale within the state of bihar or in the course of interstate trade and commerce under section 3 of the central sales tax act, 74 of or in the course of export within the meaning of section 5 of the central sales tax act, on or after the date of commencement of this act, he shall claim and be allowed, in such manner as may be prescribed, an input tax credit under sections 16 and 17 of this act. 3 where a any dealer has been granted the facility of deferment of tax payable under section 23a of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, and who has, on the commencement of this act, not availed of the full entitlement, he shall be allowed to continue to defer the tax payable under this act, in the manner and to the extent prescribed b any dealer has been granted the facility of exemption from payment of tax under clause b of subsection 3 of section 7 of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, and who has, on the commencement of this act, not availed of the full entitlement, he shall be allowed to opt for deferment of his tax liability under this act, in the manner and to the extent prescribed. 4 where a the tax has been collected under the bihar finance act, bihar act 5 of as it stood before its repeal by section 94, but the same has not been deposited before the date of commencement of this act, the tax so collected by any person under the said act shall be deposited in accordance with the provisions of the aforesaid act and the rules made thereunder, as if this act has not come into force and the said act had not been repealed b a return or statement is required to be filed under the bihar finance act, bihar act 5 of as it stood before its repeal by section 94, but the same had not been filed before the commencement of this act, such return or statement, as the case may be, shall be filed in accordance with the provisions of the aforesaid act and by the person liable to file such return or statement c a return has been filed, under the bihar finance act, bihar act 5 of as it stood before its repeal by section 94, by any dealer for any year and no assessment in respect of that year has been made before the commencement of this act, the proceedings for the assessment of that dealer for that year shall be made or be continued as if this act had not come into force and the said act had not been repealed and such assessment shall be made by the prescribed authority under this act d a person has been aggrieved by any decision made or order passed under the bihar finance act, bihar act 5 of as it stood before its repeal by section 94, and he has not filed any appeal or an application for review or revision, such person may file an appeal or make an application for revision or review, as the case may be, in accordance with the provision of the said act and the rules made thereunder to the prescribed authority for disposing of such appeal or application e any liability of any dealer to pay tax, under the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, had been affected, and such person was entitled to make a reference before the high court under section 48 of the said act, before the date of commencement of this act, such person may, draw up, within two months of the date of commencement of this act, a reference if not already made such reference and refer it to the high court in accordance with the provisions of said section 48, as if the aforesaid act had not been repealed. 5 no interest or penalty shall be leviable or imposable or no prosecution shall be initiated for any offence committed under this act during the period beginning on the 18th april, and ending on the day preceding the day on which this act comes into force.

section 97. of the bihar value added tax act : any reference in any provision of the bihar finance act, bihar act 5 of , as it stood before its repeal by section 94, to an officer, authority or tribunal shall, for the purpose of carrying into effect the provisions contained in section 83, be construed as a reference to the corresponding officer, authority or tribunal appointed or constituted by or under this act and if any question arises as to who such corresponding officer, authority or tribunal is, the decision of the commissioner thereon shall be final.

section 98. of the bihar value added tax act : 1 if any difficulty arises in giving effect to the provisions of this act, the state government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of state legislature.

section 99. of the bihar value added tax act : every notification issued under this act shall be laid, as soon as may be, after it is published in the official gazette, before each house of state legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the notification or both houses agree that the notification should be annulled, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

section 8. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 notwithstanding anything contained in any contract or instrument to the contrary, on and from the appointed day, the kalavati saran hospital shall be managed by the central government as a government institution. 2 in managing the kalavati saran hospital as a government institution, regard shall be had to the purposes for which that hospital was set up in pursuance of the indenture, dated the 8th day of june, , executed by shri ashok saran, and the indenture, dated the 8th day of june, , executed by shri raghbir saran, in favour of the president of india. 3 on and from the appointed day, the board of management shall stand dissolved.

The Lady Hardinge Medical College and Hospital (Acquisition and Miscellaneous Provisions) Act, 1977

section 1. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 this act may be called the lady hardinge medical college and hospital acquisition and miscellaneous provisions act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st february, , vide notification no. s. o. 188e, dated 12th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b board of administration means the board of administration constituted by the central government under the scheme c board of management means the board of management of the kalavati saran hospital, constituted by the central government d fund means the lady hardinge hospital for women and children, delhi, fund established by the scheme e kalavati saran hospital means the institution known as the kalavati saran childrens hospital, new delhi, together with the dispensaries attached thereto and used in connection therewith, and includes all laboratories and libraries used in connection with, or as accessories to, or adjuncts of, the said hospital f lady hardinge medical college and hospital means the institutions known as the lady hardinge medical college for women, new delhi, and the lady hardinge hospital for women and children, new delhi, together with the dispensaries attached thereto and used in connection therewith, and includes all lecturerooms, museums, laboratories, libraries, hostels and boardinghouses used in connection with, or as accessories to, or adjuncts of, the said college of hospital g scheme means the scheme for the administration of the fund settled by the central government under subsection 1 of section 5 of the charitable endowments act, 6 of , and published with the notification of the government of india, in the late ministry of health, no. f. 431 /53mi, dated the 12th june, , as amended by the notifications of the government of india, in the late ministry of health, no. f. 477/56mii, dated the 14th march, and no. f. 477/56mii, dated the 17th april, h treasurer means the treasurer of charitable endowments for india, appointed under the charitable endowments act, 6 of .

section 3. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 on the appointed day, the lady hardinge medical college and hospital together with a all lands, on which the lady hardinge medical college and hospital stands, and all other lands appurtenant thereto and all buildings, erections and fixtures on such lands b all furniture, equipments, stores, apparatuses and appliances, drugs, moneys and other assets of the lady hardinge medical college and hospital c all other properties and assets, movable and immovable including leases pertaining to the lady hardinge medical college and hospital, whether vested in the treasurer of the board of administration or in any other person and all rights, powers, authorities and privileges, cash balances, reserve funds, investments and all other rights and interests in, or in relation to, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the treasurer or the board of administration or any other person in charge of the management of the affairs of the lady hardinge medical college and hospital and d all borrowings made by, or on behalf of, and all other liabilities and obligations of whatever kind, incurred in relation to, the lady hardinge medical college and hospital, and subsisting on the appointed day, shall stand transferred to, and shall vest absolutely in, the central government. 2 every deed of gift, endowment, bequest or trust or other document in relation to all or any of the properties, and assets, referred to in subsection 1, shall, as from the appointed day, be construed as if it were made or executed in favour of the central government. 3 subject to the other provisions contained in this act, any property, referred to in subsection 1, which, by virtue of the provisions of that subsection, has vested in the central government, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and other incumbrances affecting it, and any attachment, injunction or any decree or order of any court or tribunal restricting the use of such property in any manner shall be deemed to have been withdrawn. 4 subject to the other provisions contained in this act, any proceeding or cause of action, pending or existing immediately before the appointed day, by or against the treasurer or the board of administration or any other person, in relation to the lady hardinge medical college and hospital, may, as from the appointed day, be continued and enforced by or against the central government as it might have been enforced by or against the treasurer or the board of administration or such other person if this act had not been enacted, and shall cease to be enforceable by or against the treasurer or the board of administration or such other person.

section 7. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 the amount paid under section 4 shall vest in the treasurer, and shall be held by him in the same manner as the fund vested in him was held by him immediately before the appointed day. 2 the amount paid to the treasurer under section 4 shall be administered by the board of administration in the same manner in which the fund was administered by it, as if such amount were the fund.

section 4. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 the central government shall give, in cash, to the treasurer an amount equivalent to the sum of rupees one lakh for the transfer to, and vesting in, the central government, under section 3, of the lady hardinge medical college and hospital. 2 the amount, referred to in subsection 1, shall be paid within three months from the appointed day hereafter in this section referred to as the specified period. 3 the amount, referred to in subsection 1, if not paid within the specified period, shall carry interest at the rate of four per cent. per annum from the date of expiry of the specified period until the payment thereof

section 10. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 every officer or other employee, who, immediately before the appointed day, is employed in, or in connection with the affairs of, the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital, shall become, as from the appointed day, an officer or other employee, as the case may be, of the central government, and shall hold his office by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this act had not been enacted, and shall continue to do so unless and until his employment under the central government is duly terminated or until his remuneration, terms and conditions duly altered by the central government: provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the central government on payment to him of an amount equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees: provided further that nothing contained in this subsection shall apply to any officer or other employee who has, by notice in writing given to the central government within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the central government. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in, or in connection with the affairs of, the lady hardinge medical college and hospital or the kalavati saran hospital to the central government shall not entitle any such officer or other employee to any compensation under that act, or any other law, and no such claim shall be entertained by any court, tribunal or other authority. 3 for the persons who, immediately before the appointed day, were the trustees for any person, provident or gratuity fund or any other like fund constituted for the officers or other employees of the lady hardinge medical college and hospital and the kalavati saran hospital, there shall be substituted as trustees such persons as the central government may, by general or special order, specify.

section 5. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : on and from the appointed day, the lady hardinge medical college and hospital shall be administered by the central government as a government institution, and, in administering the properties transferred to and vested in it under section 3, regard shall be had to the purposes specified in the scheme.

section 6. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : for the removal of doubts, it is hereby declared that nothing in this act shall be deemed to apply to any right accrued to, or any liability incurred by, the board of administration or any member thereof under the provisions of the indian trusts act, , in respect of anything done or omitted to be done by it or him during any period preceding the appointed day.

section 9. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this act or any decree or order of any court, tribunal or authority.

section 11. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature, subsisting or having effect immediately before the appointed day, and to which the board of administration or, as the case may be, the board of management, or any person on behalf of the board of administration or, as the case may be, the board of management, is a party, or which are in favour of the board of administration or, as the case may be, board of management, shall, in so far as they relate to any purpose, or affairs, of the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital, be of as full force and effect against, or in favour of, the central government, and may be enforced or acted upon as full and effectually as if in place of the board of administration or, as the case may be, the board of management, the central government had been a party thereto or as if they had been issued in favour of the central government. 2 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital, or any affair of the lady hardinge medical college and hospital or the kalavati saran hospital, is pending by, or against, the board of administration or, as the case may be, the board of management or the treasurer or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the lady hardinge medical college and hospital to the central government or by reason of the assumption of management of the kalavati saran hospital by the central government, or of anything contained in this act but the suit, appeal or other proceeding may be contained, prosecuted and enforced by or against the central government.

section 12. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 notwithstanding anything contained in section 11, the central government may, if satisfied after such inquiry as it may think fit, that any contract or agreement entered into before the appointed day between the board of administration or board of management or any member thereof, in relation to the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital, or any affairs connected with the lady hardinge medical college and hospital or the kalavati saran hospital, has been entered into in bad faith, or is detrimental to the interests of the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital, it may make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose for the purpose such contract or agreement and thereafter the contract or agreement shall have effect accordingly: provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. 2 any person aggrieved by an order made under subsection 1, may make an application to the principal court of civil jurisdiction within the local limits of whose jurisdiction the lady hardinge medical college and hospital, or, as the case may be, the kalavati saran hospital is situated, for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order.

section 18. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : every officer of the central government shall be indemnified by the central government against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this act except such as have been caused by his own wilful act or default.

section 13. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 on the transfer to, and the vesting in, the central government of the lady hardinge medical college and hospital, and on the assumption of the management of the kalavati saran hospital by the central government, a the board of administration, or, as the case may be, the board of management, and every person in whose possession, custody or control any property or asset specified in subsection 1 of section 3, or any property or asset pertaining to the kalavati saran hospital may be, shall deliver the same to such officer or other person as may be authorised by the central government in this behalf b the board of administration or, as the case may be, the board of management, and every person who, immediately before such vesting or assumption, has in his possession, custody or control any books, documents or other papers relating to the lady hardinge medical college and hospital, or the kalavati saran hospital, shall be liable to account for the said books, documents and papers to the central government and shall deliver them up to the central government or to such officer or other person as may be authorised by the central government in this behalf. 2 without prejudice to the other provisions contained in this section, it shall be lawful for the central government to take all necessary steps for taking possession of all properties and assets which have been transferred to, and vested in, it under this act, or in relation to which the management has been assumed by it under this act.

section 14. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : any person who, a having in his possession, custody or control any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital, wrongfully withholds such property from the central government or b wrongfully obtains possession of, or retains, any property held for the purposes of the lady hardinge medical college and hospital, or the kalavati saran hospital or c willfully withholds or fails to furnish to the central government any books, documents or other papers relating to the lady hardinge medical college and hospital or the kalavati saran hospital or d fails to deliver to the central government any assets, books or other documents in his possession, custody or control relating to the lady hardinge medical college and hospital or the kalavati saran hospital or e wrongfully removes or destroys any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital or f wrongfully uses any property held for the purposes of the lady hardinge medical college and hospital or the kalavati saran hospital, shall by punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 15. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was reasonable to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 19. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 17. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : notwithstanding anything contained in the code of criminal procedure, 2 of , no court shall take cognizance of any offence under this act except on a complaint, in writing, made by the central government or any officer authorised in this behalf by that government.

section 16. of the lady hardinge medical college and hospital acquisition and miscellaneous provisions act : no suit, prosecution or other legal proceeding shall lie against the central government or any of its officers or other employees for anything which is in good faith done or intended to be done under this act.

section 8. of the metro railways operation and maintenance act : the commissioner shall a inspect the metro railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the central government as required by or under this act b make such periodical or other inspections of metro railway, its rolling stock used thereon and its other installations as the central government may direct c make an inquiry under the provisions of this act into the cause of any accident on the metro railway and d discharge such other duties as are conferred on him by or under this act.

section 1. of the metro railways operation and maintenance act : show related subordinates 11 this act may be called the metro railways operation and maintenance act, . 2 it extends in the first instance to the national capital region and the central government may, by notification, after consultation with the state government, extend this act to such other metropolitan area and metropolitan city, except the metropolitan city of calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to that metropolitan area or metropolitan city accordingly. 3 it shall be deemed to have come into force on the 29th day of october, . 1. subs. by s. 6, ibid., for subsections 1 and 2 w.e.f. .

section 2. of the metro railways operation and maintenance act : 1 in this act, unless the context otherwise requires, 1a central government, in relation to technical planning and safety of metro railways, means the ministry of the government of india dealing with railways aa claims commissioner means a claims commissioner appointed under section 48 b commissioner means the commissioner of the metro railway safety appointed under section 7 c development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change on any building, or land, or planting of any tree on land and includes redevelopment d electric supplyline shall have the meaning assigned to it under clause f of section 2 of the indian electricity act, 9 of e fare means the charge levied for the carriage of passengers f government metro railway means a metro railway owned by the central government g land includes any right or interest in any land 2h metropolitan area shall have the meaning assigned to it in clause c of article 243p of the constitution ha metropolitan city means the metropolitan city of bombay, calcutta, delhi or madras i metro railway means railguided mass rapid transit system having dedicated rightofway, with steel wheel or rubbertyred wheel coaches, but excluding tramways, for carriage of passengers, and includes a all land within the boundary marks indicating the limits of the land appurtenant to a metro railway, b all rails tracks, sidings, yards or branches worked over for the purposes of, or in connection with, a metro railway, c all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway j metro railway administration in relation to i a government metro railway means the general manager of that railway or ii an ongovernment metro railway means the person who is the owner or lessee of that metro railway or the person working that metro railway under an arrangement with the owner or lessee of that metro railway k metro railway official means any person employed by the central government or by a metro railway administration in connection with the services of a metro railway 3ka national capital region means the national capital region as defined in clause f of section 2 of the national capital region planning board act, 2 of l nongovernment metro railway means a metro railway other than a government metro railway m notification means a notification published in the official gazette n pass means an authority given by the metro railway administration or by an officer appointed by that administration in this behalf, to a person allowing him to travel as a passenger on the metro railway, but does not include a ticket o prescribed means prescribed by rules made by the central government under this act p railway shall have the meaning assigned to it in clause 31 of section 2 of the railways act, 24 of q regulations means the regulations made by the government metro railway administration under this act r rolling stock includes locomotives, engines, carriages whether powered or not, wagons, trollies and vehicles of all kinds moving or intended to move on rails and s telegraph line shall have the meaning assigned to it in clause 4 of section 3 of the indian telegraph act, 13 of . 2 all other words and expressions used herein and not defined but defined in the metro railways construction of works act, 33 of shall have the meanings, respectively, assigned to them in that act. 1. subs. by s. 7, ibid., for clause a w.e.f. . 2. subs. by s. 7, ibid., for clause h w.e.f. . 3. ins. by act 34 of , s. 7 w.e.f. .

section 7. of the metro railways operation and maintenance act : show related subordinates 11 the central government may appoint one or more commissioners of metro railway safety. 22 the commissioner shall function under the administrative control of the chief commissioner of railway safety appointed under section 5 of the railways act, 24 of . 1. s. 7 renumbered as subsection 1 thereof by s. 9, ibid. w.e.f. . 2. ins. by s. 9, ibid. w. e. f. .

section 4. of the metro railways operation and maintenance act : 1 the central government shall, by notification, appoint a person to be the general manager of a government metro railway. 2 the general superintendence and control of a government metro railway shall vest in the general manager.

section 3. of the metro railways operation and maintenance act : 1 the central government may, for the purpose of efficient administration of a government metro railway, in 1the national capital region, metropolitan city and metropolitan area, by notification, constitute such railways as it may deem fit. 2 a government metro railway administration may, for efficient performance of its functions under this act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be determined by regulation. 1. subs. by s. 5, ibid., for metropolitan city of delhi w.e.f. .

section 10. of the metro railways operation and maintenance act : the commissioner shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 5. of the metro railways operation and maintenance act : the functions of a metro railway administration shall be a to maintain and operate metro railway, for public carriage of passengers, constructed in, upon, across, under or over any land, building, street, road or passage in 1the national capital region, metropolitan city and metropolitan area and b to engage in any such other activities or perform such other functions as may be considered necessary for the purpose of the operation and maintenance of the metro railway in 1the national capital region, metropolitan city and metropolitan area. 1 . subs. by act 34 of , s. 5 for metropolitan city of delhi w.e.f. .

section 6. of the metro railways operation and maintenance act : 1 the metro railway administration shall have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions under the act. 2 without prejudice to the generality of the foregoing provision, such power shall include the power to a acquire, hold and dispose of all kinds of properties owned by it, both movable and immovable b improve, develop or alter any property or asset held by it 1ba develop any metro railway land for commercial use bb provide for carriage of passengers by integrated transport services or any other mode of transport c center temporarily in or upon the lands adjoining the metro railway alignment in order to remove obstruction, or prevent imminent danger from any source, such as tree, post or structure, which may obstruct the movement of the rolling stock, or passengers, or the view of the signal provided for movement of the rolling stock d execute any lease or grant any licence in respect of the property held by it e enter into, assign and rescind any contract or obligation f employ an agent or contractor for discharging its functions g obtain licence from the central government to establish and maintain telegraph lines h lay down or place electric supply lines for conveyance and transmission of energy and to obtain licence for that purpose and i do all incidental acts as are necessary for discharge of any function conferred, or imposed, on it by this act. 1. ins. by s. 8, ibid. w.e.f. .

section 9. of the metro railways operation and maintenance act : subject to the control of the central government, the commissioner, whenever it is necessary so to do for any of the purposes of this act, may a enter upon and inspect the metro railway or any rolling stock used thereon and its other installations b by order in writing addressed to the metro railway administration, require the attendance before him of metro railway official and to require answers or returns to such inquiries as he thinks fit to make from such metro railway official or from the metro railway administration and c require the production of any book, document or material object belonging to or in the possession or control of any metro railway administration which appears to him to be necessary to inspect.

section 11. of the metro railways operation and maintenance act : the metro railway administration shall provide to the commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this act.

section 12. of the metro railways operation and maintenance act : 1the chief commissioner of railway safety shall, for each financial year, prepare in such form, and within such time, as may be prescribed, an annual report giving a full account of the activities of the commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward copies thereof to the central government. 1. subs. by act 34 of , s. 10, for section 12 w.e.f. .

section 13. of the metro railways operation and maintenance act : the central government shall cause the annual report of the 1chief commissioner of railway safety to be laid after its receipt before each house of parliament. 1. subs. by s. 11, ibid., for commissioner w.e.f. .

section 18. of the metro railways operation and maintenance act : where, after the inspection of the metro railway opened and used for the public carriage of passengers or any rolling stock used thereon, the commissioner is of the opinion that the use of the metro railway or of any rolling stock will be attended with danger to the public using it, the commissioner shall send a report to the central government who may thereupon direct that i the metro railway be closed for the public carriage of passengers or ii the use of the rolling stock be discontinued or iii the metro railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.

section 14. of the metro railways operation and maintenance act : the metro railway in the 1the national capital region, metropolitan city and metropolitan area shall not be opened for the public carriage of passengers except with the previous sanction of the central government. 1. subs. by s. 5, ibid., for metropolitan city of delhi w.e.f. .

section 15. of the metro railways operation and maintenance act : 1 the central government shall, before giving its sanction to the opening of the metro railway under section 14, obtain a report from the commissioner that a he has made a careful inspection of the metro railway and the rolling stock that may be used thereon b the moving and fixed dimensions as laid down by the central government have not been infringed c the track structure, strength of bridges, standards of signalling system, traction system, general structural character of civil works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the central government and d in his opinion, metro railway can be opened for the public carriage of passengers without any danger to the public using it. 2 if the commissioner is of the opinion that the metro railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the central government. 3 the central government, after considering the report of the commissioner, may sanction the opening of the metro railway under section 14 as such or subject to such conditions as may be considered necessary by it for the safety of the public.

section 21. of the metro railways operation and maintenance act : the central government may, by notification, direct that any of its powers or functions under this chapter, except power to make rule under section 22, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by the commissioner.

section 16. of the metro railways operation and maintenance act : the provisions of sections 14 and 15 shall apply to the opening of the following works if they form part of, or are directly connected with, the metro railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the commissioner under section 15, namely: a opening of additional lines of metro railway b opening of stations and junctions c remodelling of yards and rebuilding of bridges and d any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 14 and 15 apply or are extended by this section.

section 17. of the metro railways operation and maintenance act : when an accident has occurred on the metro railway resulting in a temporary suspension of traffic, and either the original tracks and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original tracks and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely: a the metro railway official in charge of the works undertaken by reasons of the accident has certified in writing that the opening of the restored tracks and works, or of the temporary diversion will not in his opinion be attended with danger to the public and b a notice of the opening of the tracks and works or the diversion shall be sent immediately to the commissioner.

section 19. of the metro railways operation and maintenance act : when the central government has, under section 18 directed the closure of the metro railway or the discontinuance of the use of any rolling stock a the metro railway shall not be reopened for the public carriage of passengers until it has been inspected by the commissioner and its reopening is sanctioned in accordance with the provisions of this chapter and b the rolling stock shall not be used until it has been inspected by the commissioner and its reuse is sanctioned in accordance with the provisions of this chapter.

section 24. of the metro railways operation and maintenance act : every passenger shall, on demand by any metro railway official authorised in this behalf, present his pass or ticket to such metro railway official for examination at the beginning, or during or at the end of the journey and surrender such ticket, a at the end of journey if the ticket is for a single journey, or b if such ticket is issued for a particular amount, on the exhaustion of the amount for which the ticket was issued.

section 20. of the metro railways operation and maintenance act : the metro railway administration may use such rolling stock as it may consider necessary for operation and working of the metro railway: provided that before using any rolling stock of a design or type different from that already running on any section of the metro railway, the previous sanction of the central government shall be obtained for such use: provided further that before giving any such sanction, the central government shall obtain a report from the commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.

section 22. of the metro railways operation and maintenance act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the duties of a metro railway administration and the commissioner in regard to the opening of a metro railway for the public carriage of passengers b the arrangements to be made for and the formalities to be complied with before opening a metro railway for the public carriage of passengers c for regulating the mode in which, and the speed at which rolling stock used on metro railway is to be moved or propelled and d the cases in which and the extent to which the procedure provided in this chapter may be dispensed with.

section 23. of the metro railways operation and maintenance act : 1 the metro railway administration shall cause to be pasted in a conspicuous and accessible place at every station in 1hindi, english and official language of the state in which such station is located a table of the fare chargeable for traveling from the station to every place for which tickets are issued to passengers. 2 any person desirous of travelling on the metro railway shall, upon payment of fare, be issued with a ticket by the metro railway administration or an agent authorised in this behalf. 3 the ticket issued under subsection 2 shall indicate its value, period of validity and such other particulars as may be prescribed. 1 subs. by act 34 of , s. 12, for hindi and english w.e.f. .

section 25. of the metro railways operation and maintenance act : no person shall enter or remain in any carriage on the metro railway, for the purpose of travelling therein as a passenger, unless he has with him a proper pass or ticket.

section 26. of the metro railways operation and maintenance act : 1 no person shall, while travelling in the metro railway, carry with him any goods other than 1 baggage containing personal belongings not exceeding such volume and weight as may be prescribed. 2 where any person travels on the metro railway in contravention of the provisions of subsection 1, he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid. 1. the words a small omitted by s. 13, ibid. w.e.f. .

section 27. of the metro railways operation and maintenance act : 1 no person suffering from infectious or contagious diseases as may be prescribed, shall travel by the metro railway. 2 any person travelling in contravention of any rule made under subsection 1 shall be liable to be removed from the metro railway.

section 32. of the metro railways operation and maintenance act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this chapter. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the particulars of the ticket such as the value, the period of validity and other particulars under subsection 3 of section 23 b the volume and weight of baggage under subsection 1 of section 26 c diseases which are infectious or contagious under subsection 1 of section 27 d material which is dangerous or offensive under subsection 1 of section 30 and e generally, for regulating the travelling upon, and the use, working and management of the metro railway. 3 every metro railway administration shall keep at every station on its metro railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.

section 30. of the metro railways operation and maintenance act : 1 no person shall take or cause to be taken on the metro railway such dangerous or offensive material as may be prescribed. 2 if any metro railway official has reason to believe that any person is carrying with him, in a container of any form, or otherwise, any dangerous or offensive material, he may cause such container to be opened by its carrier for the purposes of ascertaining its contents. 3 any metro railway official may remove from the metro railway any person taking with him any dangerous or offensive material.

section 29. of the metro railways operation and maintenance act : the metro railway administration may use its premises, lands, buildings, posts, bridges, structures, vehicles, rolling stock and other property for displaying commercial advertisements and for that purpose may erect or construct or fix any hoardings, billboards, show cases, and such other things for the display of posters or other publicity materials.

section 28. of the metro railways operation and maintenance act : the metro railway administration shall provide and maintain in proper order, in any metro train, such efficient means of communication between the passengers and the metro railway official in charge of the train as may be approved by the central government.

section 31. of the metro railways operation and maintenance act : any person, entering upon or into any part of the metro railway without lawful authority, on being asked to leave the metro railway by any metro railway official, does not leave therefrom, may be removed from the metro railway by such metro railway official or by any other person whom such metro railway official may call to his aid.

section 33. of the metro railways operation and maintenance act : the metro railway administration shall, from time to time, on the recommendations made to it by the fare fixation committee constituted under subsection 1 of section 34, fix, for the carriage of passengers, fare for travelling from one station to another of the metro railway: provided that the metro railway administration may fix the fare under this section without recommendations of the fare fixation committee on the initial opening of the metro railway.

section 34. of the metro railways operation and maintenance act : 1 the central government may, from time to time, constitute a fare fixation committee for the purpose of recommending fare for the carriage of passengers by the metro railway. 2 the fare fixation committee shall consist of a chairperson and two other members. 3 a person shall not be qualified for appointment as the chairperson unless he is or has been a judge of a high court. 14 the central government and the state government shall nominate one member each to the fare fixation committee: provided that a person who is or has been an additional secretary to the government of india or holds or has held an equivalent post in the central government or the state government shall be qualified to be nominated as a member. 5 a sitting judge of a high court shall be appointed after consultation with the chief justice of that high court. 1 . subs. by act 34 of , s. 14, for subsection 4 w.e.f. .

section 36. of the metro railways operation and maintenance act : the fare fixation committee shall submit its report along with recommendations to the metro railway administration within such period, not exceeding three months, as may be specified by order made by the central government.

section 35. of the metro railways operation and maintenance act : show related subordinates 1 the other terms and conditions of the fare fixation committee, and the procedure to be followed by that committee shall be such as may be prescribed. 2 the metro railway administration shall provide to the fare fixation committee all reasonable facility for the discharge of its duties under this act.

section 37. of the metro railways operation and maintenance act : the recommendations made by the fare fixation committee shall be binding on the metro railway administration.

section 38. of the metro railways operation and maintenance act : 1 where, in the course of working a metro railway, a any accident attended with loss of any human life, or with grievous hurt, as defined in the indian penal code 45 of or b any collision between trains or c the derailment of any train carrying passengers, or of any part of such train or d any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid or e any accident of any other description which the central government may notify in this behalf, occurs, the metro railway official in charge of the section of the metro railway on which the accident occurs, shall, without delay, give notice of the accident in such form and containing such particulars as may be prescribed to the deputy commissioner and the deputy commissioner of police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other magistrate or police officer as may be appointed in this behalf by the central government. 2 the metro railway administration, within whose jurisdiction the accident occurs, shall, without delay, give notice of the accident to the 1state government and the commissioner having jurisdiction over the place of the accident. 1 subs. by s. 15, ibid., for government of the national capital territory of delhi w.e.f. .

section 39. of the metro railways operation and maintenance act : 1 on the receipt of a notice under section 38 of the occurrence of an accident resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger, the commissioner shall, as soon as may be, notify the metro railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place of inquiry: provided that it shall be open to the commissioner to hold an inquiry into any other accident which, in his opinion, requires the holding of such an inquiry. 2 if for any reason, the commissioner is not able to hold an inquiry as soon as may be after the occurrence of the accident, he shall notify the metro railway administration accordingly.

section 40. of the metro railways operation and maintenance act : where no inquiry is held by the commissioner under subsection 1 of section 39 or where the commissioner has informed the metro railway administration under subsection 2 of that section that he is not able to hold an inquiry, the metro railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.

section 44., to be made if the commission of inquiry is appointed. of the metro railways operation and maintenance act : notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 60 of , to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the central government in this behalf.

section 41. of the metro railways operation and maintenance act : 1 for the purpose of conducting an inquiry under this chapter into the causes of any accident, the commissioner shall, in addition to the powers specified in section 9, have the powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and production of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office and e any other matter which may be prescribed. 2 the commissioner while conducting an inquiry under this chapter shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 42. of the metro railways operation and maintenance act : no statement made by a person in the course of giving evidence in an inquiry before the commissioner shall subject him to, or be used against him, in any civil or criminal proceeding, except in a prosecution for giving false evidence by such person: provided that the statement is a made in reply to a question which is required by the commissioner to answer or b relevant to the subject matter of the inquiry.

section 43. of the metro railways operation and maintenance act : the metro railway administration or the commissioner conducting an inquiry under this chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed.

section 45. of the metro railways operation and maintenance act : where any accident of the nature not specified in section 38 occurs in the course of working the metro railway, the metro railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.

section 46. of the metro railways operation and maintenance act : the metro railway administration shall send to the central government a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.

section 47. of the metro railways operation and maintenance act : 1 the central government may, by notification, make rules to carry out the provisions of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the forms of notice of accidents to be given under section 38 and the particulars of the accident such notices shall contain b the persons to whom notices in respect of any inquiry under this chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared c the nature of inquiry to be made by the metro railway administration into the causes of an accident under section 40 d for conducting an inquiry under clause e of subsection 1 of section 41 e the procedure of conducting inquiry and preparation of the report under section 43 f the making of an inquiry into the causes of the accident under section 45 and g the form and manner of sending a return of accidents by the metro railway administration under section 46.

section 48. of the metro railways operation and maintenance act : show related subordinates the central government may, by notification, appoint a claims commissioner for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to person, or damage to any property arising out of the working of the metro railway.

section 53. of the metro railways operation and maintenance act : show related subordinates 1 the claims commissioner shall have all the powers of a civil court for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling the discovery or production of documents and material objects. 2 the claims commissioner shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 3 in enquiring into and determining any claims for payment of compensation, the claims commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he may deem fit. 4 subject to any rules that may be made in this behalf, the claims commissioner may, for the purpose of determining any claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the enquiry, to assist him in holding the enquiry. 5 the claims commissioner shall have powers to pass such interim and final order as the circumstance may require, including orders for payment of costs.

section 49. of the metro railways operation and maintenance act : a person shall not be qualified for appointment as claims commissioner unless he a is or has been, or is qualified to be, a judge of a high court or b has been a member of the indian legal service and has held a post in grade i of that service or c has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a joint secretary to the government of india.

section 51. of the metro railways operation and maintenance act : show related subordinates 1 the claims commissioner may, by notice in writing under his hand addressed to the central government, resign his office. 2 the claims commissioner may be removed from his office by an order of the central government on the ground of proved misbehaviour or incapacity after an inquiry in which he had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 3 the procedure for the investigation of misbehaviour or incapacity of the claims commissioner referred to in subsection 2 be such as may be prescribed.

section 52. of the metro railways operation and maintenance act : the salary and allowances payable to, and the other terms and conditions of service of, the claims commissioner shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the claims commissioner shall be varied to his disadvantage after his appointment.

section 50. of the metro railways operation and maintenance act : the claims commissioner shall hold office as such for a term as may be specified by the central government.

section 54. of the metro railways operation and maintenance act : 1 any question as to the liability of the metro railway administration to pay compensation or as to the person to whom such compensation is payable, shall be determined by an order of the claims commissioner. 2 every order made under subsection 1 shall be final.

section 55. of the metro railways operation and maintenance act : 1 notwithstanding anything contained in any other law for the time being in force, where the death of, or bodily injury to, any person gives rise to a claim for compensation under this act and also under any other law in force, the person entitled to compensation may claim such compensation only once either under this act or under any other law in force. 2 nothing in subsection 1 shall affect the right of any person to claim compensation payable under any contract or scheme providing for compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance.

section 56. of the metro railways operation and maintenance act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for i the procedure for investigation of misbehaviour or incapacity of the claims commissioner under subsection 3 of section 51 ii the salary and allowances and the other terms and conditions of service of the claims commissioner under section 52 and iii any other purpose incidental to or connected with the objects of this chapter. rules yeardescriptionfiles delhi metro railway salary, allowances, other terms and conditions of service of the claims commissioner rules, bangalore metro railway general rules, bangalore metro railway procedure for claims rules, bangalore metro railway procedure for investigation of misbehavior or incapacity of claims commissioner rules,

section 57. of the metro railways operation and maintenance act : show related subordinates the metro railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation for loss occasioned by the death of, or bodily injury to any person to such extent as may be prescribed. rules yeardescriptionfiles bangalore metro railway procedure for claims rules,

section 58. of the metro railways operation and maintenance act : an application for compensation arising out of an accident may be made to the claims commissioner by, a the person who has sustained the injury or suffered any loss or b all or any of the dependants of the deceased where death has resulted from the accident or c an agent duly authorised by the person injured or all or any of the dependants of the deceased, as the case may be: provided that where all the dependants of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the dependants of the deceased and the dependants who have not so joined, shall be impleaded as respondents to the application. explanation.for the purpose of this section, the word dependant shall have the same meaning as given to it in clause b of section 123 of the railways act, 24 of .

section 59. of the metro railways operation and maintenance act : 1 if any person, in any carriage or upon any part of the metro railway, a is in a state of intoxication or b commits any nuisance or vandalism or act of indecency, or uses abusive or obscene language or c wilfully or without excuse interferes in any way with the comfort of any passenger, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf. 2 if any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.

section 60. of the metro railways operation and maintenance act : 1 if, in contravention of subsection 1 of section 30, a person takes or causes to be taken any offensive material upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees. 2 in addition to the penalties specified in subsection 1, a person takes or causes to be taken any offensive material upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such material having been so brought upon the metro railway.

section 61. of the metro railways operation and maintenance act : 1 if, in contravention of subsection 1 of section 30, a person takes or causes to be taken any dangerous material upon the metro railway, he shall be punishable with imprisonment for a term which may extend to four years and with fine which may extend to five thousand rupees. 2 in addition to the penalties specified in subsection 1, a person takes or causes to be taken any dangerous material upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such material having been so brought upon the metro railway.

section 62. of the metro railways operation and maintenance act : 1 no demonstration of any kind whatsoever shall be held on any part of the metro railway or other premises thereof and it shall be open to the metro railway administration to exclude from such premises any person attending such demonstrations whether or not he is in possession of a pass or ticket entitling him to be in the said premises. 2 no person shall paste or put up any poster or write or draw anything or matter in any compartment or carriage of the metro railway, or any premises thereof, without any lawful authority and any person found engaged in doing any such act may be removed from the compartment, carriage or premises by any metro railway official authorised by the metro railway administration in this behalf. 3 whoever contravenes any of the provisions of subsection 1 or subsection 2, or on being asked by any metro railway official to leave any compartment, carriage or premises refuses to do so, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 66., without authority. of the metro railways operation and maintenance act : if any metro railway official, when on duty, is entrusted with any responsibility connected with the running of a train, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handing over such train or rolling stock to another authorised metro railway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.

section 63., of a train. of the metro railways operation and maintenance act : if any passenger travels on the roof of a train or persists in travelling in any part of a train not intended for the use of passengers or projects any part of his body out of a train after being warned by any metro railway official to desist, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both, and shall also be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf.

section 64. of the metro railways operation and maintenance act : 1 if a person enters into or upon the metro railway without any lawful authority or having entered with lawful authority remains there unlawfully and refuses to leave on being requested to do so by any metro railway official, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. 2 if any person walks on the metro track without any lawful authority, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 65. of the metro railways operation and maintenance act : if any metro railway official, when on duty endangers the safety of any passenger, a by any rash or negligent act or omission or b by disobeying any rule, regulation or order which such official was bound by the terms of his employment to obey, and of which he had notice, he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to six thousand rupees, or with both.

section 67. of the metro railways operation and maintenance act : if any person obstructs or causes to be obstructed or attempts to obstruct any train or rolling stock upon the metro railway by squatting, picketing or keeping without authority any rolling stock on the metro railway or tampering with any signalling installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by any metro railway official, authorised by the metro railway administration in this behalf and shall also be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.

section 71. of the metro railways operation and maintenance act : if any person wilfully breaks the security code of any pass or ticket, or defaces or alters or counterfeits or duplicates it or acts in any way to cause revenue loss to metro railway, he shall be punishable with imprisonment for a term which may extend to six months.

section 68. of the metro railways operation and maintenance act : if any person wilfully obstructs or prevents any metro railway official in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 69. of the metro railways operation and maintenance act : 1 if any passenger a travels in a train without having a proper pass or ticket with him or b being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on requisition being made therefor under section 24, or travels in a train in contravention of the provisions of section 25, he shall be liable to pay, on demand of any metro railway official appointed by the metro railway administration in this behalf, the excess charge mentioned in subsection 3 in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started. 2 if any passenger travels or attempts to travel in a carriage or by a train or travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on demand of any person appointed by the metro railway administration in this behalf, the excess charge mentioned in subsection 3 in addition to any difference between any fare paid by him and the fare payable in respect of the journey he has made. 3 the excess charge referred to in subsections 1 and 2 shall be fifty rupees. 4 if any passenger liable to pay the excess charge and fare mentioned in subsection 1, or the excess charge and any difference of fare mentioned in subsection 2, fails or refuses to pay the same on a demand being made therefor, any metro railway official authorised by the metro railway administration in this behalf may apply to any metropolitan magistrate for the recovery of the sum payable as if it were a fine, and the magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment for a term which may extend to one month. 5 any sum recovered under subsection 4 shall, as and when it is recovered, be paid to the consolidated fund of india.

section 74. of the metro railways operation and maintenance act : 1 if any person a loosens or displaces any rail or any other matter or thing belonging to the metro railway or b turns, moves, unlocks or diverts any point or other machinery belonging to the metro railway or c does or causes to be done any act of sabotage in relation to the metro railway with intent or with knowledge that it is likely to endanger safety of any person upon the metro railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a person is punished with rigorous imprisonment, such imprisonment shall not be less than i three years in the case of a first conviction and ii seven years in the case of conviction for the second or subsequent offence. 2 if a person unlawfully does any act of sabotage or any other act referred to in subsection 1 with intent to cause the death of any person, or with knowledge that such act is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of any person, he shall be punishable with death or imprisonment for life.

section 70. of the metro railways operation and maintenance act : if any passenger or any other person without reasonable and sufficient cause, makes use of, or interferes with, any means provided by the metro railway administration in a train for communication between passengers and metro railway official in charge of the train, or misuses alarm bell of the train, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 76. of the metro railways operation and maintenance act : if any person unlawfully throws or causes to fall or strike at, against, into or upon any rolling stock forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that it is likely to endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life or with imprisonment for a term which may extend to ten years.

section 72. of the metro railways operation and maintenance act : if any person without lawful authority a in this behalf pulls down or wilfully damages any board or documents set up or posted by the order of the metro railway administration on the metro railway, or any rolling stock, or b obliterates or alters any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment which may extend to two months or with fine up to two hundred and fifty rupees, or with both.

section 73. of the metro railways operation and maintenance act : if any person sells or exposes for sale, any article whatsoever in any metro railway carriage or upon any part of the metro premises not authorised by metro railway administration for such purpose, he shall be punishable with fine which may extend to five hundred rupees, and in default of payment of fine, he shall be punishable with imprisonment which may extend to six months: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such fine shall not be less than one hundred rupees.

section 75. of the metro railways operation and maintenance act : if any person not being a metro railway official, or an agent authorised in this behalf under subsection 2 of section 23 sells or attempts to sell any ticket in order to enable any other person to travel therewith, he shall be punishable for a term which may extend to three months, or fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell.

section 78. of the metro railways operation and maintenance act : 1 whoever, with intent to cause or knowing that he is likely to cause damage to or destruction of any of the properties of the metro railway referred to in subsection 2, causes by fire, explosive substance or otherwise causes damage to such property, he shall be punishable with imprisonment for a term which may extend to ten years. 2 the properties of the metro railway referred to in subsection 1 are the metro railway track, tunnels, subway, boxstructures, station buildings and installations, carriage and wagons, rolling stock, signalling, telecommunication, airconditioning and ventilation equipments, electrical substation, drainage pump, escalators, lifts, lighting installations, ticket vending machine, ticket barriers, electric traction and block equipments, and such other properties as the central government may, by notification, specify.

section 77. of the metro railways operation and maintenance act : if any person in a rash or negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon the metro railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 79. of the metro railways operation and maintenance act : if any person by unlawful act or by any wilful omission or neglect or by tampering with safety devices, endangers or causes to be endangered the safety of any person travelling on or being upon any metro railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any metro railway, he shall be punishable with imprisonment for a term which may extend to seven years: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than i six months in the case of first conviction and ii two years in the case of conviction for the second or subsequent offence

section 80. of the metro railways operation and maintenance act : if any person requiring compensation from the metro railway administration under chapter x makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

section 81. of the metro railways operation and maintenance act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 82. of the metro railways operation and maintenance act : 1 if a person commits any offence mentioned in sections 59, 61, 65 to 79, he may be arrested without warrant or other written authority by any metro railway official or by a police officer not below the rank of a head constable or by any other person whom such metro railway official or police officer may call to his aid: provided that where a person has been arrested, by any person other than the police officer, he shall be made over to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. 2 a person so arrested under subsection 1 shall be produced before the nearest magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twentyfour hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the court of the magistrate.

section 83. of the metro railways operation and maintenance act : 1 if any person commits any offence under this act, other than an offence mentioned in section 82 or fails or refuses to pay any excess charge or other sum demanded under section 69 and there is reason to believe that he may abscond, or his name and address are unknown and he refuses on demand to give his name and address, or there is reason to believe that name and address given by him is incorrect, any metro railway official or police officer not below the rank of head constable, or any other person whom such metro railway official may call to his aid, may, without warrant or written authority, arrest him. 2 a person so arrested shall be produced before the nearest magistrate, having authority to try him or commit him for trial, as early as possible but within a period not exceeding twentyfour hours, exclusive of the time necessary for the journey from the place of arrest to the court of the magistrate.

section 86. of the metro railways operation and maintenance act : without prejudice to the foregoing provisions of this act, the metro railway administration in case of the nongovernment metro railway shall, in the discharge of its duties and functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the metro railway administration shall, as far as practicable, be given opportunity to express its views before any direction is given under this section.

section 84. of the metro railways operation and maintenance act : notwithstanding anything contained in the code of criminal procedure, 2 of , no court inferior to that of a metropolitan magistrate shall try an offence under this act.

section 85. of the metro railways operation and maintenance act : 1 any person committing an offence under this act, or any rule or regulation made thereunder, shall be triable for such offence in any place in which he may be, or which the 1state government may notify in this behalf, as well as any other place in which he is liable to be tried under any law for the time being in force. 2 every notification under subsection 1 shall be published by the 2state government and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such metro railway stations as that government may direct. 1 subs. by act 34 of , s. 16, for government of the national capital territory of delhi w.e.f. . 2 subs. by s. 16, ibid., for government of the national capital territory of delhi in the delhi gazette w.e.f. .

section 88. of the metro railways operation and maintenance act : no suit, prosecution or other legal proceedings shall lie against the central government, any metro railway administration, a metro railway official or against any other person, for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder.

section 87. of the metro railways operation and maintenance act : no nongovernment metro railway shall work without obtaining permission from the central government.

section 89. of the metro railways operation and maintenance act : 1 no rolling stock, metro railway tracks, machinery, plant, tools, fittings, materials or effects used or provided by a metro railway administration for the purpose of traffic on its railway, or its stations or workshops, or offices shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause the property to be taken in execution, without the previous sanction of the central government. 2 nothing in subsection 1 is to be construed as affecting the authority of any court to attach the earnings of the metro railway administration in execution of a decree or order.

section 95.presumption where notice is of the metro railways operation and maintenance act : where a notice or other document is served by registered post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was properly addressed and registered.

section 90. of the metro railways operation and maintenance act : all persons in the employment of the metro railway administration shall, when acting or purporting to act in pursuance of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 97. of the metro railways operation and maintenance act : the metro railway administration may constitute and maintain security staff for its railway, and the powers, duties and functions of such staff shall be such as may be prescribed.

section 91. of the metro railways operation and maintenance act : if a metro railway official is discharged from service or is suspended, or dies or absconds or absents himself, and he or his spouse or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the metro railway administration or to a person appointed by the metro railway administration, in this behalf, any station, dwelling house, office or other building with its appurtenances, or any books, papers, keys, equipments or other matters, belonging to the metro railway administration and in the possession or custody of such metro railway official on the occurrence of any such event as aforesaid, any metropolitan magistrate may, on application made by or on behalf of the metro railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers and other matters, and to deliver the same to the metro railway administration or to a person appointed by the metro railway administration in that behalf.

section 92. of the metro railways operation and maintenance act : 1 entries made in the records or other documents of the metro railway administration shall be admitted in evidence in all proceedings by or against the metro railway administration, and all such entries may be proved either by the production of the records or other documents of the metro railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the metro railway administration in his possession. 2 notwithstanding anything contained in any other law, a court shall presume that the entries in the records of the metro railway administration admitted in evidence under subsection 1 are true, unless there is evidence to the contrary.

section 93., on metro railway administration. of the metro railways operation and maintenance act : any notice or other document required or authorised by this act to be served on a metro railway administration may be served a by leaving it at the office of the metro railway administration or b by registered post to the office address of the metro railway administration.

section 94., by metro railway administration of the metro railways operation and maintenance act : any notice or other document required or authorised by this act to be served on any person by the metro railway administration may be served by a delivering it to the person or b leaving it at the usual or the last known place of abode of the person or c registered post addressed to the person at his usual or the last known place of abode.

section 100. of the metro railways operation and maintenance act : show related subordinates 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and time for preparing and sending annual report under section 12 b the terms and conditions of the fare fixation committee under section 35 c the procedure to be followed by the fare fixation committee under section 35 d the extent of compensation payable under section 57 e the powers, duties and functions of the security staff of the government metro railway under section 97 and f without prejudice to any power to make rules contained elsewhere in this act, generally to carry out the purposes of this act.

section 96. of the metro railways operation and maintenance act : 1 the metro railway administration may, by order in writing, authorise any of its official or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court. 2 a person authorised under subsection 1 to conduct prosecution on its behalf shall, notwithstanding anything in section 302 of the code of criminal procedure, 2 of , be entitled to conduct such prosecutions without the permission of the magistrate.

section 98. of the metro railways operation and maintenance act : 1 the central government may, by notification, direct that all or any of the powers under this act or rules made thereunder, except sections 22, 32, 47, 56, 99 and 100, exercisable by it, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the central government or by such officer of the metro railway administration. 2 the metro railway administration may, by general or special order in writing, delegate to any of its official subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act, except its power under section 101.

section 99.power to remove difficulties of the metro railways operation and maintenance act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid before each house of parliament.

section 105. of the metro railways operation and maintenance act : 1 the delhi metro railway operation and maintenance ordinance, ord. 7 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 101.power of metro railway administration to make regulations of the metro railways operation and maintenance act : the government metro railway administration may, with the previous approval of the central government, make regulations not inconsistent with this act and the rules made thereunder, to provide for all matters for which provisions are necessary or expedient for the purpose of giving effect to the provisions of this act.

section 102. of the metro railways operation and maintenance act : every rule made by the central government and every regulation made by a government metro railway administration under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 104. of the metro railways operation and maintenance act : save as otherwise provided in this act, the provisions of this act shall be in addition to and not in derogation of the metro railways construction of works act, 33 of .

section 103. of the metro railways operation and maintenance act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 8. of the election commission conditions of service of election commissioners and transaction of business act : save as otherwise provided in this act, the conditions of service relating to travelling allowance, provision of rentfree residence and exemption from payment of incometax on the value of such rentfree residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are, 2for the time being, applicable to a judge of the supreme court under chapter iv of the supreme court judges conditions of service act, 41 of and the rules made thereunder, shall, so far as may be, apply to the chief election commissioner and other election commissioners. 2. subs. by act 4 of , s. 8, for certain words w.e.f. .

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

section 1. of the election commission conditions of service of election commissioners and transaction of business act : this act may be called 1the election commission conditions of service of election commissioners and transaction of business act, . 1. subs by act 4 of , s. 3, ibid., for the chief election commissioner and other election commissioners conditions of service w.e.f.

section 2. of the election commission conditions of service of election commissioners and transaction of business act : show related subordinates in this act, unless the context otherwise requires, a chief election commissioner means the chief election commissioner appointed under articles 324 of the constitution 1 b election commission means the election commission referred to in article 324 of the constitution 2c election commissioner means any other election commissioner appointed under article 324 of the constitution. 1. ins. by s. 4,ibid. w.e.f. . 2. clause b shall be relettered as clause c by s. 4, ibid. w.e.f. .

section 7. of the election commission conditions of service of election commissioners and transaction of business act : every person holding office as the chief election commissioner or an election commissioner shall be entitled to subscribe to the general provident fund central services.

section 9. of the election commission conditions of service of election commissioners and transaction of business act : 1the business of the election commission shall be transacted in accordance with the provisions of this act. 1. ins. by s. 9, ibid. w.e.f. .

section 3. of the election commission conditions of service of election commissioners and transaction of business act : 1there shall be paid to the chief election commissioner 2 and other election commissioners a salary which is equal to the salary of a judge of the supreme court: 3 provided that if a person who, immediately before the date of assuming office as the chief election commissioner or, as the case maybe, an election commissioner, was in receipt of, or, being eligible so to do, had election to draw, a pensionother than a disability or wound pension in respect of any previous service under the government of the union or under the government of a state, his salary in respect of service as the chief election commissioner or, as the case may be, an election commissioner shall be reduced a by the amount of that pension and b if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension. 1. the brackets and figure 1 omitted by s. 5, ibid.w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. certain brackets, figure and words omitted by s. 5, ibid. w.e.f. .

section 10. of the election commission conditions of service of election commissioners and transaction of business act : 1 the election commission may, by unanimous decision, regulate the procedure for transaction of its business as also allocation of its business amongst the chief election commissioner and other election commissioners. 2 save as provided in subsection 1, all business of the election commission shall, as far as possible, be transacted unanimously. 3 subject to the provisions of subsection 2, if the chief election commissioner and other election commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.

section 4. of the election commission conditions of service of election commissioners and transaction of business act : the chief election commissioner or an election commissioner shall hold office for a term of six years from the date on which he assumes his office: 1provided that where the chief election commissioner or an election commissioner attains the age of sixtyfive years before the expiry of the said term of six years, he shall vacate his office on the date on which he attains the said age: provided further that the chief election commissioner or an election commissioner may, at any time, by writing under his hand addressed to the president, resign his office. explanation.for the purpose of this section, the term of six years in respect of the chief election commissioner or an election commissioner holding office immediately before the commencement of this act, shall be computed from the date on which he had assumed office. 1. subs by act 4 of , s. 6, for the first proviso w.e.f. .

section 6. of the election commission conditions of service of election commissioners and transaction of business act : 1 a person who, immediately before the date of assuming office as the chief election commissioner or an election commissioner was in service of government, shall be deemed to have retired from service on the date on which he enters upon office as the chief election commissioner or an election commissioner but his subsequent service as the chief election commissioner or an election commissioner shall be reckoned as continuing approved service counting for pension in service to which he belonged. 2 where the chief election commissioner 1or an election commissioner demits office whether in any manner specified in 2subsection 3 or by resignation, he shall, on such demission be entitled to a a pension which is equal to the pension payable to a judge of the supreme court in accordance with the provisions of part iii of the schedule to the supreme court judges conditions of service act, 41 of , as amended from time to time and b such pension including commutation of pension, family pension and gratuity as are admissible to a judge of the supreme court under the said act and the rules made thereunder, as amended from time to time. 3 43except where the chief election commissioner or an election commissioner demits office by resignation, he shall be deemed, for the purpose of this act, to have demitted his office if, and only if, a he has completed the term of office specified in section 4,or b he has attained the age of sixtyfive years, 5 or c his demission of office is medically certified to be necessitated by illhealth. 1. ins. by s. 7, ibid. w.e.f. . 2. subs by s. 7, ibid., for subsection 4 w.e.f. . 3. subsection 3 omitted by s. 7, ibid. w.e.f. . 4. subsection 4 shall be renumbered as subsection 3 by s. 7, ibid. w.e.f. . 5. the words or as the case may be, sixtytwo years, omitted by s. 7, ibid. w.e.f

section 5. of the election commission conditions of service of election commissioners and transaction of business act : 1 a person who, immediately before the date of assuming office as the chief election commissioner or an election commissioner, was in service of government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding any thing contained in section 6. 2 any other person who is appointed as the chief election commissioner or an election commissioner may be granted leave in accordance with such rules as are for the time being applicable to a member of the indian administrative service. 3 the power to grant or refuse leave to the chief election commissioner or an election commissioner and to revoke or curtail leave granted to him, shall vest in the president.

section 8. of the chutia nagpur encumbered estates act : the manager shall, in accordance with the rules to be made under this act, determine the amount of all principal debts and liabilities justly due to the several creditors of the holder of the property, and to persons holding mortgages, charges or liens thereon, and the interest if any due at the date of such determination, in respect of such debts and liabilities.

section 1. of the chutia nagpur encumbered estates act : this act may be called the chutia nagpur encumbered estates act, .

section 7. of the chutia nagpur encumbered estates act : every debt or liability other than debts due, or liabilities incurred, to government or in the case of undertenures, the rent due to the superior landlord, to which the holder of the property is subject, or with which the property is charged, and which is not duly notified to the manager within the time and in manner hereinbefore mentioned, shall be barred: provision for admission of claim within further period of nine months.provided that, when proof is made to the manager that the claimant was unable to comply with the provisions of sections five and six, the manager may admit his claim within the further period of nine months from the expiration of the said period of three months.

section 2. of the chutia nagpur encumbered estates act : whenever any holder of immoveable property, or when such holder is a minor, or of unsound mind, or an idiot his guardian, committee or other legal curator, or the person who would be heir to such holder if he died intestate, or when such person is a minor, or of unsound mind, or an idiot his guardian, committee or other legal curator, or when any such property belonging to such holder has been attached in execution of a decree of a civil court, the deputy commissioner within whose jurisdiction such property is situate, applies in writing to the commissioner, stating that the holder of the said property is subject to, or that his said property is charged with, debts or liabilities other than debts due, or liabilities incurred, to government, and requesting that the provisions of this act be applied to his case, the commissioner may, with the previous consent of the lieutenantgovernor of bengal, by order published in the calcutta gazette, appoint an officer hereinafter called the manager, and vest in him the management of the whole or any portion of the immoveable property of or to which the said holder is then possessed or entitled in his own right, or which he is entitled to redeem, or which may be acquired by or devolve on him or his heir, during the continuance of such management.

section 3. of the chutia nagpur encumbered estates act : on the such publication the following consequences shall ensue: bar of suits.first, all proceedings which may then be pending in any civil court in british india, in respect to such debts or liabilities, shall be barred and all processes, executions and attachments for or in respect of such debts and liabilities shall become null and void freedom from arrest.secondly, so long as such management continues, the holder of the said property and his heir shall not be liable to arrest for or in respect of the debts and liabilities to which the said holder was immediately before the said publication subject, or with which the property so vested as aforesaid or any part thereof was at the time of the said publication charged, other than debts due, or liabilities incurred, to government, moveable property not liable to attachment for prior debts.nor shall their movable property be liable to attachment or sale, under process of any civil court in british india, for or in respect of such debts and liabilities other than as aforesaid and cessation of power to alienate. thirdly, so long as such management continues, a the holder of the said immoveable property and his heir shall be incompetent to mortgage, charge, lease or alienate their immoveable property or any part thereof, or to grant valid receipts for the rents and profits arising or accruing therefrom, immoveable property freed from attachment.b such property shall be exempt from attachment or sale under such process as aforesaid except for or in respect of debts due, or liabilities incurred, to government, and cessation of power to contract.c the holder of the same property and his heir shall be incapable of entering into any contract which may involve them, or either of them, in pecuniary liability.

section 5. of the chutia nagpur encumbered estates act : on the publication of the order vesting in him the management on the said property, the manager shall publish a notice in english, urdu and hindi, calling upon all persons having claims against the holder of the said property to notify the same in writing to such manager within three months from the date of the publication. notice how published.such notice shall be published by being posted at the kachahris in the district or districts in which the said property lies, and at such other places as the manager thinks fit.

section 9. of the chutia nagpur encumbered estates act : if such property or any part thereof be in the possession of any person claiming to hold it under a lease, dated within the three years immediately preceding the publication of the order mentioned in section two, the manager, with the sanction of the deputy commissioner and commissioner or of the commissioner only if the deputy commissioner be himself the manager, may inquire into the sufficiency of the consideration for which the lease was given power to set aside leases. and, if such consideration appears to him insufficient, may by order either set aside the lease or cause the person so in possession to pay such consideration for the said lease as the manager thinks fit, and in default of such payment the lease or shall be cancelled.

section 4. of the chutia nagpur encumbered estates act : the manager shall, during his management of the said immoveable property, receive and recover all rents and profits due in respect thereof and shall, upon receiving such rents and profits, give receipts for the same. from the sums so received, he shall pay and pay therefrom the government demand, first, the government revenue, and all debts of liabilities for the time being due or incurred to government rent due to superior landlord, secondly, in the case of undertenures, the rent if any due to the superior landlord, in respect of the said property: annual sum for maintenance of holder of property and his heir, thirdly, such annual sums as appears to the commissioner requisite for the maintenance of the holder of the property, his heir, and their families: costs of repairs and improvements, fourthly the costs of such repairs and improvements of the property as appear necessary to the manager and are approved by the commissioner: cost of management and the debt and liabilities, and the residue shall be applied in discharge of the costs of the management, and in settlement of such debts and liabilities of the holder of the property and his heir, as may be established under the provision hereinafter contained.

section 12. of the chutia nagpur encumbered estates act : when all such debts and liabilities have been discharged, or if, within six months after the publication of the order mentioned in section two, the commissioner thinks that the provisions of this act should not continue to apply to the case of the holder of the said property or his heir, such holder or his heir shall be restored to the possession and enjoyment of the property, or of such part thereof as has not been sold by the manager under the power contained in section eighteen, but subject to the leases and mortgages if any granted and made by the manager under the powers hereinafter contained. restoration to be notified. revival of barred proceedings and debts. reinstatement of mortgagees.where the holder of the property or his heir is so restored under the circumstances mentioned in the second clause of this section,such restoration shall be notified in the calcutta gazette, and thereupon the proceedings, processes, executions, any attachments mentioned in section three so far as they relate to debts and liabilities which the manager has not paid off or compromised, and the debts and liabilities barred by section seven, shall be revived and any mortgagee or conditional vendee dispossessed under section sixteen shall be reinstated, unless his claim under the mortgage or conditional sale has been satisfied period of limitation as to revived proceedings and debts.and in calculating the periods of limitation applicable to such revived proceedings, and to suits to recover and enforce such revived debts and liabilities, the time intervening between such restoration and the publication of the order mentioned in section two, shall be excluded.

section 6. of the chutia nagpur encumbered estates act : every such claimant shall, along with his claim present full particulars thereof. documents to be given up.every document on which the claimant founds his claim, or on which he relies in support thereof, shall be delivered to the manager along with the claim. entries in books.if the document be an entry in any book, the claimant shall produce the book to the manager, together with a copy of the entry on which he relies. the manager shall mark the book for the purpose of identification, and, after examining and comparing the copy with the original, shall return the book to the claimant. exclusion of documents not produced.if any document in the possession or under the control of the claimant is not delivered or produced by him to the manager along with the claim, the manager may refuse to receive such document in evidence on the claimants behalf at the investigation of the case.

section 10. of the chutia nagpur encumbered estates act : an appeal against any refusal, admission, determination or order under section six, seven, eight or nine shall lie, if preferred within six weeks from the date thereof to the deputy commissioner within whose jurisdiction the property is situate, and the decision of the manager, if no such appeal has been so preferred, shall be final: provided that, if the deputy commissioner be himself the manager, the appeal shall lie to the commissioner. appeal to commissioner.an appeal shall lie from any decision of the deputy commissioner, if preferred within six weeks of the date of his decision, to the commissioner, and the decision of such commissioner, or of the deputy commissioner if no such appeal has been so preferred, shall be final.

section 11. of the chutia nagpur encumbered estates act : when the amount due in respect of the debts and liabilities mentioned in section eight has been finally determined, the manager shall prepare and submit to the commissioner a schedule of such debts and liabilities, and a scheme for the settlement thereof and such scheme, when approved by the commissioner, shall be carried into effect. power to return scheme for revision.until such approval is given, the commissioner may, as often as he thinks fit, send back such scheme to the manager for revision, and direct him to make such further inquiry as may be requisite for the proper preparation of the scheme.

section 13. of the chutia nagpur encumbered estates act : the manager may, from time to time, call for further and more detailed particulars of any claim preferred before him under this act, and may at his discretion refuse to proceed with the investigation of the claim until such particulars are supplied.

section 14. of the chutia nagpur encumbered estates act : for the purposes of this act, the manager may summon and enforce the attendance of witnesses and compel them to give evidence, and compel the production of documents by the same means, and, as far as possible, in the same manner, as is provided in the case of a civil court by the code of civil procedure.

section 16. of the chutia nagpur encumbered estates act : the manager shall have, for the purpose of realizing and recovering the rents and profits of the said immovable property, the same powers as the holder of the property would have had for such purpose if this act had not been passed. power to remove mortgagee or conditional vendee in possession.and if such property, or any part thereof, be in the possession of any mortgagee or conditional vendee, the manager may apply to the court of the deputy commissioner within whose jurisdiction the property is situate, and such court shall cause the same to be delivered to the manager as if a decree therefor had been made in his favour, but without prejudice to the mortgagee or vendee preferring his claim under the provisions hereinbefore contained.

section 15. of the chutia nagpur encumbered estates act : every investigation conducted by the manager with reference to any claim preferred before him under this act, or to any matter connected with any such claim, shall be taken to be a judicial proceeding within the meaning of the indian penal code. statements of persons examined to be evidence.and every statement made by any person examined by or before the manager with reference to such investigation, whether upon oath or otherwise, shall be taken to be evidence within the meaning of the same code.

section 17. of the chutia nagpur encumbered estates act : subject to the rules made under section 19, the manager shall have power to demise all or any part of the property under his management for any term of years not exceeding twenty years absolute, to take effect in possession in consideration of any fine or fines, or without fine and reserving such rents and under such conditions as may be agreed upon.

section 18. of the chutia nagpur encumbered estates act : the manager, with the previous assent of the commissioner, shall have power to raise any money which may be required for the settlement of the debts and liabilities other than as aforesaid to which the holder of the property is subject, or with which such property or any part thereof is charged, by demising by way of mortgage the whole or any part of such property for a term not exceeding twenty years from the said publication, or by selling, with the previous consent of the holder of the property and of the person being of full age who would be his heir if he died intestate, by public auction or by private contract, and upon such terms as the manager thinks fit, such portion of the same property as may appear expedient. and no mortgagee advancing money upon any mortgage made under this section, shall be bound to see that such money is wanted, or that no more than is wanted is raised. managers receipts.and the receipt of the manager for any monies paid to him as such, shall discharge the person paying the same therefrom and from being concerned to see to the application thereof. the power to mortgage conferred by this section shall not be exercisable until six months have elapsed from the publication of the order mentioned in section two.

section 19. of the chutia nagpur encumbered estates act : the lieutenantgovernor of bengal may, from time to time, make rules consistent with this act to regulate the following matter: a the security to be required from subordinate officers under this act, b the notices to be given under this act and the publication of such notices, c the procedure to be followed in determining under section eight the debts and liabilities due to creditors and other persons, and in performing the other duties imposed on any officer by this act, d the allowance of interest on each of the principal debts and liabilities so determined, from the date on which it was incurred down to the date of the determination, and on the aggregate amount of such debts and liabilities from the date of the determination down to the date of payment, e the order of paying debts and liabilities so determined and generally for the guidance of officers in all matters connected with the enforcement of this act. such rules, when approved by the governor general in council and published in the calcutta gazette, shall have the force of law.

section 22. of the chutia nagpur encumbered estates act : no suit or other proceeding shall be maintained against any person in respect of anything done by him bona fide pursuant to this act.

section 20. of the chutia nagpur encumbered estates act : whenever the commissioner thinks fit, he may appoint any officer to be a manager instead of any manager appointed under this act and thereupon the property then vested under this act in the former manager shall become vested in the new manager. every such new manager shall have the same powers as if he had been originally appointed.

section 24. of the chutia nagpur encumbered estates act : nothing in this act shall be deemed to take away or abridge any power or authority conferred by an act passed by the lieutenantgovernor of bengal in council, entitled an act to ascertain, regulate and record certain tenures in chutia nagpur, on any person appointed to be a special commissioner thereunder, or on the commissioner of the division of chutia nagpur.

section 21. of the chutia nagpur encumbered estates act : every manager appointed under this act shall be deemed a public servant within the meaning of the indian penal code.

section 23. of the chutia nagpur encumbered estates act : nothing in this act precludes the courts in chutia nagpur having jurisdiction in suits relating to the succession to, or claims of maintenance from, any immoveable property brought under the operation of this act, from entertaining and disposing of such suits but to all such suits the manager of such property shall be made a party.

section 8. of the rehabilitation finance administration act : notwithstanding anything contained in section 6, the central government may, for any reason which may appear to it to be sufficient, remove any member at anytime from the administration or the advisory board.

section 1. of the rehabilitation finance administration act : 1 this act may be called the rehabilitation finance administration act, . 1 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by act 1 of , s. 2, for subsection 2 w.e.f. . 2. 1st june, , see gazette of india, , extraordinary. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the rehabilitation finance administration act : in this act, unless there is anything repugnant in the subject or context, a act means the rehabilitation finance administration act, b administration means the rehabilitation finance administration constituted under this act c borrower means an individual, company, association or body of individuals, whether incorporated or not, to whom a loan has been advanced under this act d displaced person means i a person who, being displaced from any area 1 now forming part of pakistan on account of civil disturbances or fear of such disturbances, has settled and is engaged or intends to engage in any business or industry in india, or ii a person in india who, having had his business, industry or property, wholly or partially 1 in any area now forming part of pakistan, has lost, wholly or partially, such business, industry, or property on account of civil disturbances or the fear of such disturbances, and who is engaged, or intends to engage in any business or industry in india 2 e loan means a sum of money advanced by the administration i to a displaced person for the purpose of any business or industry in which he is engaged or intends to engage himself, or ii in respect of any business or industry, a substantial portion of which is owned by displaced persons and f prescribed means prescribed by rules made under section 23 or regulations made under section 24. 1. subs. by act 1 of , s. 3, for outside india. 2. subs. by s.3, ibid., for clause e.

section 7. of the rehabilitation finance administration act : 1 no member of the administration shall have any interest, direct or indirect, in any business, industry or concern to which any assistance under section 12 has been given or is to be given and if any such member acquires such interest at any time during the continuance of such assistance, he shall immediately disclose it to the administration and shall either resign his membership or disclose of his interest in such manner and within such time as he may be directed by it. 2 any member of the advisory board who has any interest, director indirect, in any business, industry or concern to which any assistance under section 12 has been given or is to be given or acquires such interest at any time during the continuance of such assistance shall immediately disclose it to the administration and shall not participate in the proceedings of the advisory board relating to such assistance.

section 4. of the rehabilitation finance administration act : 1 the administration shall consist of the following members, namely: a a chairman to be appointed by the central government who shall be called the chief administrator b 1 four officials appointed by the central government and c 1 four nonofficials nominated by the central government. 2 no act done by the administration shall be called in question on the ground merely of the existence of any vacancy or any defect in the constitution of the administration. 1. subs. by act 1 of , s. 5, for three

section 9. of the rehabilitation finance administration act : the chief administrator shall be a whole time servant of the administration and shall receive such salaries and allowances and shall be subject to such terms and conditions as may be determined by the central government.

section 5. of the rehabilitation finance administration act : 1 the central government shall constitute an advisory board to advise the administration on matters of policy and may where necessary constitute a regional committee to advice each branch of the administration. 2 the advisory board shall consist of such members, not exceeding fifteen in number, as may be nominated by the central government.

section 3. of the rehabilitation finance administration act : 1 the central government shall constitute a corporation called the rehabilitation finance administration for giving financial assistance on reasonable terms to displaced persons to enable them to settle in business and industry 1 or to any business or industry, a substantial portion of which is owned by displaced persons 2 the corporation shall be a body corporate by the name of the rehabilitation finance administration having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and transfer property, both movable and immovable, and shall by the said name sue and be sued. 3 the administration shall have its head office at delhi and may, with the previous approval of the central government, open branches at such places in india as it may consider necessary to discharge effectively its functions under this act. 1. added by act 1 of , s. 4.

section 11. of the rehabilitation finance administration act : 1 1 the central government may from time to time advance money to the administration for its business, the aggregate amount of which, a for the purpose of enabling the administration to advance loans, shall not, save as hereinafter provided, exceed twelve crores and fifty lakhs of rupees and b for the purpose of enabling the administration to meet any liability which it may incur in guaranteeing losses in respect of loans advanced by scheduled banks, shall not exceed two crores of rupees: provided that if, after the lapse of such period from the commencement of this act as the central government may think fit to fix in this behalf, any sum of money earmarked for the purpose specified in clause b is found not to have been actually advanced for that purpose and is not, in the opinion of the central government, likely to be required for the said purpose, the central government may utilize the money for making advances from time to time to the administration for the purposes specified in clause a, and when any such advance is made, the limit specified in clause a shall be deemed to have been correspondingly increased. 2 2 subject to any regulations that may be made in this behalf, all moneys belonging to the administration which are not immediately required by the administration for any purpose shall be deposited in the reserve bank of india or any agents thereof or invested in such securities as may be approved by the central government. 3 the administration shall pay interest on the money so advanced at the rate of 3 per cent. per annum to the central government. 1. subs. by act 36 of , s. 2, for subsection 1. 2. subs. by act 1 of , s. 7, for all moneys belonging to the administration.

section 6. of the rehabilitation finance administration act : 1 a member appointed under clauses a and b of subsection 1 of section 4 shall hold office during the pleasure of the central government. 2 a member nominated under clause c of subsection 1 of section 4 or subsection 2 of section 5 shall hold office for a term of two years from the date of his nomination and shall be eligible for renomination. 3 a nominated member may resign his membership by writing under his hand addressed to the central government and he shall thereupon cease to be a member. 4 a casual vacancy created by resignation under subsection 3 or by any other reason shall be filled by fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated.

section 13. of the rehabilitation finance administration act : 1 the central government may prescribe the limits as to amounts within which loans may be advanced by the administration. 2 for the purpose of advancing any loan under subsection 1, the administration may call for any report either through its own staff, or through the district officer of the district in which the borrower resides or carries on business, or through any state 1 government, or through any bank of any other appropriate agency. 3 the administration shall charge interest from the borrower at such rate not exceeding 6 per cent. per annum as may be specified by it. 4 the period of the loan shall not exceed 2 fifteen years. 5 the loan may be advanced either for fixed capital or working capital or for both. the assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed to be mortgaged to the administration for the repayment of the loan together with the interest thereon and the amount of the loan and the interest thereon shall be first charge on such assets. 6 the administration may also take such further security for any loan as it may consider necessary. 1. the words or a state omitted by act 36 of , s. 3 and the second schedule. 2. subs. by act 36 of , s. 4, for ten.

section 10. of the rehabilitation finance administration act : the administration may, in the manner prescribed 1 , a appoint a deputy chief administrator and such other officers and servants as may be required to enable it to carry out the functions under this act b fix the salary and allowances or other conditions of service of the deputy chief administrator, other officers and servants c fix the remuneration and allowances payable to the members of the administration and of the advisory board: 2 provided that the appointment and the fixation of the salary, allowances and other conditions of service of the deputy chief administrator and such other officers as may be prescribed by the central government, shall be subject to the previous sanction of that government. 1. the words and with the prior sanction of the central government omitted by act 1 of , s. 6. 2. added by s. 6, ibid.

section 15. of the rehabilitation finance administration act : if the amount of loan or any instalment thereof or interest thereon which is due, in accordance with the terms of the contract or under the provisions of section 14, has not been repaid, the administration may, a without prejudice to any other remedy provided by law, recover such loan, instalment or interest as arrears of land revenue, or b take charge of the business or industry of the borrower on such terms and conditions as it may deem fit.

section 12. of the rehabilitation finance administration act : 112. business of the administration.the administration may a subject to the provisions of section 13, advance loans b guarantee, on such terms and conditions as may be agreed upon, losses which a scheduled bank may suffer in respect of any loan advanced by it and approved by the administration: provided that the total amount which may be guaranteed in respect of any scheduled bank and the terms and conditions on which such guarantee may be given shall be subject to the prior approval of the central government: provided further that the maximum liability of the administration under such guarantee shall not exceed the amount for the time being available under clause b of subsection 1 of section 11 c do all such acts and things as may be incidental to or consequential upon the performance of its functions under this act including the running of the administration. 1. subs. by act 36 of , s. 3, for section 12.

section 16. of the rehabilitation finance administration act : 116. accounts and audit.1 the administration shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the company and auditorgeneral of india. 2 the accounts of the administration shall be audited annually by the comptroller and auditor general of india and any expenditure incurred by him in connection with such audit shall be payable by the administration to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the administration shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the administration. 4 the accounts of the administration as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament. 1. subs. by s. 5, ibid., for section 16.

section 14. of the rehabilitation finance administration act : notwithstanding any agreement to the contrary, the administration may, by notice, require any borrower forthwith to repay in full with interest thereon any loan borrowed from it, a if it appears to the administration that false or misleading information in any material particular was given by the borrower for obtaining the loan or while furnishing any information under section 17 or b if the borrower has failed to comply with the terms of the contract with the administration in the matter of the loan or c if there is a reasonable apprehension that the borrower is unable to pay his debts or that insolvency proceedings or proceedings for liquidation may be commenced against him or d if for any other reason it is necessary in the opinion of the administration to protect the interests of the administration.

section 17. of the rehabilitation finance administration act : 1 the chief administrator or any other officer authorised by him in writing in this behalf may, by order, require any borrower to furnish such information or to produce such books of accounts and other documents for inspection at such time and place as may be specified in the order and the borrower shall comply with such order. 2 the chief administrator or such officer may inspect such books of account or documents produced and take extracts therefrom. 3 the chief administrator or the officer making the inspection or any person working under his order shall not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the borrower. 4 if any person contravenes the provisions of subsection 1 or subsection 3 he shall be punishable with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.

section 18. of the rehabilitation finance administration act : 1 the administration shall furnish to the central government a halfyearly report together with accounts and such other information within such time and in such manner as may be specified by the central government. 2 the report shall be laid before 1 parliament as soon as may be after it is prepared. 1. subs. by a. o. , for the central legislature.

section 24. of the rehabilitation finance administration act : 1 the administration may, with the previous sanction of the central government, make regulations, not inconsistent with this act or the rules made there under, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power such regulation may provide for a the conditions on which a person may be recognised as a displaced person, b the manner and the time of the general meeting of the administration, or advisory board or regional committee and the procedure to be followed thereat and the manner in which right of voting be exercised, c the terms on which the administration may grant loans, d forms of returns and statements required under this act, e the duties and conduct, salaries, allowances and conditions of service of officers, servants and agents of the administration, f manner and form of application for loans and contracts, g manner in which accounts of the administration shall be kept and audited, h the manner in which and the conditions under which the business or industry of a person to whom a loan has been advanced may be taken charge of and administered under section 15, i any other matter which has to be or may be specified under this act. 3 all regulations made under this section shall be published in the official gazette and shall come into force on such date as may be specified therein.

section 19. of the rehabilitation finance administration act : for the purposes of this act, the central government may, from time to time, give to the administration such general or special directions as it thinks fit, and the administration shall, in the exercise of its functions under this act, comply with any such directions.

section 20. of the rehabilitation finance administration act : notwithstanding anything contained in the indian incometax act, 11 of 1 , or in any other enactment for the time being in force relating to incometax, supertax or business profits tax, the administration shall not be liable to pay any incometax, supertax or business profits tax or any incomes, profits or gains. 1. see now the incometax act, 43 of .

section 21. of the rehabilitation finance administration act : 1 no provision of law relating to insolvency or to the winding up of companies or corporation shall apply to the administration and the administration shall not be placed in liquidation save by the order of the central government and in such manner as it may direct. 2 in the event of the administration being placed in liquidation, the assets of the administration, after meeting the liabilities, if any, shall vest in the central government and the central government shall thereupon have all the powers of the administration in recovering the loans remaining unpaid.

section 22. of the rehabilitation finance administration act : the administration may, by notification in the official gazette, direct that any power or duty which under any of the provisions of this act is conferred or imposed upon the administration shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by the chief administrator, deputy chief administrator or any other person subordinate to the administration.

section 23. of the rehabilitation finance administration act : the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act.

section 25. of the rehabilitation finance administration act : 125. laying of rules and regulations before parliament.every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. ins by act 4 of , s. 2 and the schedule w.e.f. .

section 8. of the indian nursing council act : show related subordinates 1 the secretary of the council who may also, if it is deemed expedient by the council, act as treasurer shall, for three years from the first constitution of the council, be a person appointed by the central government and shall hold office during the pleasure of the central government. 2 the council shall a elect from among its members a vicepresident b constitute from among its members an executive committee and such other committees for general or special purposes as the council deems necessary to carry out the purposes of this act c subject to the provisions of subsection 1, appoint a secretary, who may also, if deemed expedient, act as treasurer d appoint or nominate such other officers and servants as the council deems necessary to carry out the purposes of this act e require and take from the secretary, or from any other officer or servant, such security for the due performance of his duties as the council deems necessary f with the previous sanction of the central government, fix the fees and allowances to be paid to the president, vicepresident and members and the pay and allowances of officers and servants of the council.

section 1. of the indian nursing council act : 1 this act may be called the indian nursing council act, . 12 it extends to the whole of india 2. 3 it shall come into force at once. 1. subs. by act 45 of , s. 2, for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 3. of the indian nursing council act : 1 the central government shall, as soon as may be, constitute a council consisting of the following members, namely: a one nurse enrolled in a 1state register elected by each 1state council 2b two members elected from among themselves by the heads of institutions recognised by the council for the purpose of this clause in which training is given i for obtaining a university degree in nursing or ii in respect of a postcertificate course in the teaching of nursing and in nursing administration c one member elected from among themselves by the heads of institutions in which health visitors are trained d one member elected by the medical council of india e one member elected by the central council of the indian medical association f one member elected by the council of the trained nurses association of india 3g one midwife or auxiliary nursemidwife enrolled in a state register, elected by each of the state councils in the four groups of states mentioned below, each group of states being taken in rotation in the following order, namely: i kerala, madhya pradesh and 4uttar pradesh and haryana, ii andhra pradesh, bihar, 5maharashtra and rajasthan, iii 6karnataka, punjab 7himachal pradesh and west bengal, iv assam, 8gujarat 9tamil nadu and orissa h the director general of health services, ex officio i the chief principal matron, medical directorate, general headquarters, ex officio j the chief nursing superintendent, office of the director general of health services, ex officio k the director of maternity and child welfare, indian red cross society, ex officio 10l the chief administrative medical officer by whatever name called of each state other than a union territory, ex officio 11m the superintendent of nursing services by whatever name called, ex officio, from each of the states in the two groups mentioned below, each group of states being taken in rotation in the following order, namely: i andhra pradesh, assam, 5maharashtra, madhya pradesh, 9tamil nadu, uttar pradesh12west bengal and haryana. ii bihar, 13 gujarat, 7himachal pradesh, kerala, 6karnataka, orissa, punjab and rajasthan n four members nominated by the central government, of whom at least two shall be nurses, midwives or health visitors enrolled in 14state register and one shall be experienced educationalist 15o three members elected by parliament, two by the house of the people from among its members and the other by the council of states from among its members. 2 the president of the council shall be elected by the members of the council from among themselves: provided that for five years from the first constitution of the council the president shall be a person nominated from amongst the members of the council by the central government, who shall hold office during the pleasure of the central government. 3 no act done by the council shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the council. 1. subs. by a.o., for provincial. 2. subs. by s. 4, ibid., for clause b w.e.f. . 3. subs. by act 45 of , s. 4, for clause g w.e.f. . 4. subs. by the punjab reorganisation and delhi high court adaptation of laws on union subjects order, , for and uttar pradesh w.e.f. . 5. subs. by the bombay reorganisation adaptation of laws on union subjects order, , for bombay w.e.f. . 6. subs. by mysore state alteration of name adaptation of laws on union subject order, , for mysore w.e.f. 111 . 7. ins. by the state of himachal pradesh adaptation of laws on union subjects order, , w.e.f. . 8. subs.by the bombay reorganisationadaptation of laws on union subjects order, , for madras and orissa w.e.f. 15 . 9. subs. by the madras state alteration of name adaptation of laws on union subjects order., for madras w.e.f. 14 . 10. subs. by act 45 of , s.4, for clause l w.e.f. . 11. subs. by s.4, ibid., for clause m w.e.f. . 12. subs. by the punjab reorganisation and delhi high court adaptation of laws on union subjects order, , for and west bengal w.e.f. . 13. ins. by the bombay reorganisation adaptation of laws on union subjects order, , w.e.f. 14.subs. by a.o., for provincial. 15. subs. by act 45 of , s.4, for clause o w.e.f. .

section 2. of the indian nursing council act : in this act, unless there is anything repugnant in the subject or context, a the council means the 1council constituted under this act b prescribed means prescribed by regulations made under section 16 c 2state council means a council by whatever name called constituted under the law of a 2state to regulate the registration of nurses, midwives or health visitors in the 3state d 2state register means a register of nurses, midwives or health visitors maintained under the law of a 3state. 4 1. subs. by s. 3, ibid., for indian council of nursing w.e.f. . 2. subs. by a.o., for provincial. 3. subs. ibid., for province. 4. omitted by act 45 of , s. 3 w.e.f. .

section 7. of the indian nursing council act : 1 the council shall hold its first meeting at such time and place as may be appointed by the president, and thereafter the council shall meet at such time and place as may be appointed by the council. 2 until otherwise prescribed, ten members of the council shall form a quorum, and all the acts of the council shall be decided by a majority of the members present and voting.

section 5. of the indian nursing council act : 1 elections under subsection 1 of section 3 by 1state councils shall be conducted in accordance with rules made in this behalf by the respective 1state governments, and where any dispute arises regarding any such election it shall be referred to the 1state government concerned whose decision shall be final. 2 other elections under that subsection shall be conducted in the prescribed manner, and where any dispute arises regarding any such election, it shall be referred to the central government whose decision shall be final. 1. subs. by a.o., for provincial.

section 4. of the indian nursing council act : the council constituted under section 3 shall be a body corporate by the name of the indian nursing council, having perpetual succession and a common seal, with power to acquire property bothmovable and immovable, and shall by the said name sue and be sued.

section 11. of the indian nursing council act : 11 notwithstanding anything contained in any other law, a any recognised qualification shall be a sufficient qualification for enrolment in any 2state register b no person shall, after the date of commencement of this act, be entitled to be enrolled in any 2state register as a nurse, midwife, 3auxiliary nursemidwife, health visitor, or public health nurse unless he or she holds a recognised qualification: provided that any person already enrolled in any 2state register before the said date may continue to be so enrolled notwithstanding that he or she may not hold a recognised qualification: provided further that any person who was immediately before the said date entitled to be enrolled in any 2state register but was not so enrolled shall on application made in this behalf before the expiry of two years from the said date be entitled to be enrolled in that register c any person holding a recognised higher qualification shall be entitled to have the qualification entered as a supplementary qualification in any 2state register in which he or she is enrolled, and after the said date no person shall be entitled to have entered as a supplementary qualification in any 2state register any qualification which is not a recognised higher qualification. 32 notwithstanding anything contained in clause b of subsection 1 a a citizen of india holding a qualification which entitles him or her to be registered with any council of nursing or midwifery by whatever name called in any foreign country, may, with the approval of the council, be enrolled in any state register and where approval has been accorded by the council in respect of such qualification in one case, the approval of the council for enrolment in a state register in the case of any other citizen of india holding the same qualification shall not be necessary b a person not being a citizen of india who is employed as a nurse, midwife, auxiliary nursemidwife, teacher or administrator in any hospital or institution situated in any state for purposes of teaching, research or charitable work may, with the approval of the president of the council, be enrolled temporarily in the state register for such period as may be specified in this behalf in the order issued by the said president: provided that the practice by such person shall be limited to the hospital or institution to which he or she is attached. 1 section11 renumbered as subsection 1 thereof by s. 7, ibid. w.e.f. . 2 subs. by a.o., for provincial. 3 ins. by s. 7, ibid. w.e.f. .

section 6. of the indian nursing council act : 1 subject to the provisions of this section, an elected or nominated member, other than a nominated president, shall hold office for a term of five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer. 2 an elected or nominated member may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall thereupon become vacant. 3 an elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse sufficient in the opinion of the council from three consecutive meetings of the council where the interval between the first and third of the said meetings exceeds six months. 4 a casual vacancy in the council shall be filled by fresh election or nomination, as the case may be and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. 5 members of the council shall be eligible for reelection or renomination. 1 1. omitted by act 45 of , s. 5, w.e.f. .

section 9. of the indian nursing council act : 1 the executive committee shall consist of nine members, of whom seven shall be elected by the council from among its members. 2 the president and vicepresident of the council shall be members ex officio of the executive committee, and shall be president and vicepresident, respectively, of that committee. 3 in addition to the powers and duties conferred and imposed upon it by this act, the executive committee shall exercise and discharge such powers and duties as the council may confer or impose upon it by any regulations which may be made in this behalf.

section 10. of the indian nursing council act : 1 for the purposes of this act, the qualifications included in1part i of the schedule shall be recognised qualifications, and the qualifications included in part ii of the schedule shall be recognised higher qualifications. 2 any authority within the 2states 3 which, being recognised by the 4state government 1in consultation with the state council, if any, for the purpose of granting any qualification, grants a qualification in general nursing, midwifery, 1auxiliary nursingmidwifery health visiting or public health nursing, not included in the schedule may apply to the council to have such qualification recognised, and the council may declare that such qualification, or such qualification only when granted after a specified date shall be a recognised qualification for the purposes of this act. 3 the council may enter into negotiations with any authority 5in any 6territory of india to which this act does not extend or foreign country 3 which by the law of 7such territory or country is entrusted with the maintenance of a register of nurses midwives or health visitors for the settling of a scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme the council may declare that a qualification granted by any authority in any 8such territory or country, or such qualification, only when granted after a specified date, shall be a recognised qualification for the purposes of this act: provided that no declaration shall be made under this subsection in respect of any qualification unless by the law and practice 9of the foreign country in which the qualification is granted persons domiciled or originating 10in india 11 and holding qualifications recognised under this act are permitted to enter and practice the nursing profession 12in that country: provided further that i any reciprocal arrangements subsisting at the date of the commencement of this act between a 13state council and any authority outside india for the recognition of qualifications shall, unless the council decides otherwise, continue in force, and 14ii any qualification granted by an authority in a territory of india to which this act did not extend at the date of its commencement and recognised on the said date by the state council of a state to which this act then extended, shall continue to be a recognised qualification for the purpose of registration in that state. 4 the provisions of subsections 2 and 3 and of sections 14 and 15 shall apply mutatis mutandis to the declaration by the council of a qualification granted in respect of postcertificate nursing training as a recognised higher qualification. 1. ins. by act 45 of , s. 6 w.e.f. 112 . 2. subs. by a.o., for provinces. 3. the words of india omitted by, ibid. 4. subs. by a.o. , for provincial. 5. subs. by act 75 of , s. 2, in any state or country outside the states w.e.f. . 6. subs. by a.o. no. 3, for part b slates w.e.f. . 7. subs. ibid., for such state w.e.f. . 8. subs. by a.o. no. 3, , for such state w.e.f. . 9. subs. by act 75 of , s. 2, for of the state or country w.e.f. . 10. subs. by, s. 2, ibid., for in any state w.e.f. . 11. the words of india omitted by the a. o. . 12. subs. by act 75 of . s. 2, for in that sate county. 13. subs. by a.o., for provincial. 14. subs. by act 45 of , s. 6, for clause ii w.e.f. .

section 12. of the indian nursing council act : every authority in any 1state 2 which grants a recognised qualification, or a recognised higher qualification shall furnish such information as the council may, from time to time, require as to the courses of study and training and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualifications conferred, and generally as to the requisites for obtaining such qualification. 1. subs. by a.o., for province. 2. the words of india omitted, ibid. w.e.f. .

section 17. of the indian nursing council act : repeal of ordinance 13 of rep. by the indian nursing council amendment act, 45 of , s. 13 w.e.f..

section 13. of the indian nursing council act : 1 the executive committee may appoint such number of inspectors 2whether from among members of the council or otherwise as it deems necessary to inspect any institution recognised as a training institution, and to attend examinations held for the purpose of granting any recognised qualification or recognised higher qualification. 2 inspectors appointed under this section shall report to the executive committee on the suitability of the institution for the purposes of training and on the adequacy of the training therein, or as the case may be on the sufficiency of the examinations. 3 the executive committee shall forward a copy of such report to the authority or institution concerned, and shall also forward copies, with the remarks, if any, of the authority or institution concerned thereon, to the central government and to the 3state government and 3state council of the 1state in which the authority of institution is situated. 1. subs. by a.o., for province. 2. ins by act 45 of , s. 8 w.e.f. . 3. subs. by a.o., for provincial.

section 15. of the indian nursing council act : 11 all declarations under section 10 or section 14 shall be made by resolution passed at a meeting of the council called for the purpose, and shall forthwith be published in the official gazette. 22 the central government shall, from time to time, by notification in the official gazette, amend the schedule so as to bring it into accord with any declaration under section 10 or section 14. 1. section 15 renumbered as subsection 1 thereof by act 45 of , s. 10 ibid. w.e.f. . 2. ins. by s. 10, ibid. w.e.f. .

section 16. of the indian nursing council act : show related subordinates 1 the council may make regulations not inconsistent with this act generally to carry out the provisions of this act, and in particular and without prejudice to the generality of the foregoing powers, such regulations may provide for a the management of the property of the council and the maintenance and audit of its accounts b the manner in which elections referred to in subsection 2 of section 5 and in clause a of subsection 2 of section 8 shall be conducted c the summoning and holding of the meetings of the council, the times and places at which such meetings shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum d prescribing the functions of the executive committee, the summoning and holding of meetings thereof, the times and places at which such meetings shall be held, and the number of members necessary to constitute a quorum e prescribing the powers and duties of the president and the vicepresident 1f prescribing the tenure of office and the powers and duties of the secretary and other officers and servants of the council ff prescribing the powers and duties of inspectors g prescribing the standard curricula for the training of nurses, midwives and health visitors, for training courses for teachers of nurses, midwives and health visitors, and for training in nursing administration h prescribing the conditions for admission to courses of training as aforesaid i prescribing the standards of examination and other requirements to be satisfied to secure for qualifications recognition under this act j any other matter which is to be or may be prescribed under this act. 2 to enable the council to be first constituted, the president may, with the previous sanction of the central government, make regulations of the conduct of the elections referred to in subsection 2 of section 5, and any regulations so made may be altered or rescinded by the council in exercise of its powers under this section. 23 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by s. 12, ibid. w.e. f. . 2. ins. by act 4 of , s. 2, and the schedule w.e.f. .

section 15b. of the indian nursing council act : each state council shall supply to the council twenty printed copies of the state register as soon as may be after the 1st day of april of each year and inform the council without delay of all additions to, and other amendments in, the state register made from time to time.

section 14. of the indian nursing council act : 1 when upon report by the executive committee, it appears to the council a that the courses of study and training and the examinations to be gone through in order to obtain a recognised qualification from any authority in any 1state 2 , or the conditions for admission to such courses or the standards of proficiency required from the candidates at such examinations are not in conformity with the regulations made under the act or fall short of the standards required thereby, or b that an institution recognised by a 3state council for the training of nurses, midwives 4auxiliary nursemidwives or health visitors does not satisfy the requirements of the council, the council may send to the government of the 1state in which the authority or institution, as the case may be, is situated a statement to such effect and the 3state government shall forward it, along with such remarks as it may think fit to the authority or institution concerned and, in a case referred to in clause b to the 3state council also, with an intimation of the period within which the authority or institution may submit its explanation to the 3state government. 2 on the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the 3state government shall make its recommendations to the council. 3 the council, after such further inquiry, if any, as it may think fit to make, and in a case referred to in clause b of subsection 1, after considering any remarks which the 4state council may have addressed to it, may declare, a in a case referred to in clause a of that subsection, that the qualifications granted by the authority concerned shall be recognised qualifications only when granted before a specified date, or b in a case referred to in the said clause b, that with effect from a date specified in the declaration any person holding a recognised qualification whose period of training and study preparatory to the grant to him of the qualification was passed at the institution concerned shall be entitled to be registered only in the 5state in which the institution is situated. 4 the council may declare that any recognised qualification granted outside the 6states 7 shall be a recognised qualification only if granted before a specified date. 1. subs. by a.o., for province. 2. the words of india omitted, ibid. w.e.f. . 3. subs. by a.o., for provincial. 4. ins. by, s. 9, ibid. w.e.f. . 5. subs. by a.o., for province. 6. subs., ibid., for provinces. 7. the words of india omitted by ibid.

section 15a. of the indian nursing council act : 115a. indian nurses register.1 the council shall cause to be maintained in the prescribed manner a register of nurses, midwives, auxiliary nursemidwives and health visitors to be known as the indian nurses register, which shall contain the names of all persons who are for the time being enrolled on any state register. 2 it shall be the duty of the secretary of the council to keep the indian nurses register in accordance with the provisions of this act, and from time to time, to revise the register and publish it in the gazette of india and in, such other manner as may be prescribed. 3 such register shall be deemed to be a public document within the meaning of the indian evidence act, 1 of and may be proved by a copy published in the gazette of india. 1. ins. by ibid., s. 11 w.e.f. .

section 8. of the special economic zones act : 1 the central government shall, within fifteen days of the commencement of this act, by notification, constitute, for the purposes of this act, a board to be called the board of approval. 2 the board shall consist of a an officer not below the rank of an additional secretary to the government of india in the ministry or department of the central government dealing with commercechairperson, ex officio b two officers, not below the rank of a joint secretary to the government of india, to be nominated by the central government to represent the ministry or department of the central government dealing with revenuemembers, ex officio c one officer not below the rank of a joint secretary to the government of india to be nominated by the central government to represent the ministry or department of the central government dealing with economic affairs financial services member, ex officio d such number of officers, not exceeding ten, not below the rank of the joint secretary to the government of india, to be nominated by the central government to represent the ministries or departments of the central government dealing with commerce, industrial policy and promotion, science and technology, small scale industries and agro and rural industries, home affairs, defence, environment and forests, law, overseas indian affairs and urban development members, ex officio e a nominee of the state government concernedmember, ex officio f the director general of foreign trade or his nomineemember, ex officio g the development commissioner concernedmember, ex officio h a professor in the indian institute of management, being a society registered under the societies registration act, 21 of or the indian institute of foreign trade, being a society registered under the societies registration act, , as may be, nominated by the central governmentmember, ex officio i an officer not below the rank of deputy secretary to the government of india dealing with the special economic zones in the ministry or department of the central government, dealing with commerce to be nominated by the central governmentmembersecretary, ex officio: provided that the member, being the joint secretary, nominated under clauses b to d of this subsection may, if he is unable to attend the meeting of the board, authorise any other officer to attend the meeting of the board on his behalf. 3 the term of office of an ex officio member shall come to an end as soon as he ceases to hold the office by virtue of which he was so nominated. 4 for the purposes of performing its functions, the board may coopt as members, such number of persons as it deems fit, who have special knowledge of, and practical experience in, matters relating to, or relevant to activity connected with the special economic zones and any such person shall have the right to take part in the discussions of the board but shall not be counted for the quorum and shall not be a member for any other purpose and such person shall be entitled to receive such allowances or fees, as the case may be, fixed by the board. 5 the board shall meet at such times and places as may be appointed by it and shall have the power to regulate its own procedure. 6 onethird of the total members of the board shall form a quorum, and all the acts of the board shall be decided by a general consensus of the members present. 7 no act or proceeding of the board shall be called in question on the ground merely of existence of any vacancy in, or any defect in the constitution of, the board. 8 all orders and decisions of the board and all other instruments issued by it shall be authenticated by the signature of the membersecretary, or any other member as may be authorised by the board in this behalf.

section 1. of the special economic zones act : show related subordinates 1 this act may be called the special economic zones act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 10th february, ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 25, 26, 27, 28, 29, 30, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58, vide notification no. s.o. 196e, dated 10th february, , see gazette of india, extraordinary, part ii, sec. 3ii. 1st october, ss. 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41, vide notification no.s.o.e, dated 1st october, , see gazette of india, extraordinary, part ii, sec 3ii. 13th january, ss. 20, 21 and 22, vide notification no. s.o. 75e, dated 13th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the special economic zones act : show related subordinates 1 a special economic zone may be established under this act, either jointly or severally by the central government, state government, or any person for manufacture of goods or rendering services or for both or as a free trade and warehousing zone. 2 any person, who intends to set up a special economic zone, may, after identifying the area, make a proposal to the state government concerned for the purpose of setting up the special economic zone. 3 notwithstanding anything contained in subsection 2, any person, who intends to set up a special economic zone, may, after identifying the area, at his option, make a proposal directly to the board for the purpose of setting up the special economic zone: provided that where such a proposal has been received directly from a person under this subsection, the board may grant approval and after receipt of such approval, the person concerned shall obtain the concurrence of the state government within the period, as may be prescribed. 4 in case a state government intends to set up a special economic zone, it may after identifying the area, forward the proposal directly to the board for the purpose of setting up the special economic zone: provided that the central government may, a after consulting the state government concerned b without referring the proposal for setting up the special economic zone to the board and c after identifying the area, suo motu set up and notify the special economic zone. 5 every proposal under subsections 2 to 4 shall be made in such form, and, manner, containing such particulars as may be prescribed. 6 the state government may, on receipt of the proposal made under subsection 2, forward the same together with its recommendations to the board within such period as may be prescribed. 7 without prejudice to the provisions contained in subsection 8, the board may, after receipt of the proposal under subsections 2 to 4, approve the proposal subject to such terms and conditions as it may deem fit to impose, or modify or reject the proposal. 8 the central government may prescribe the following requirements for establishment of a special economic zone, namely: a the minimum area of land and other terms and conditions subject to which the board shall approve, modify or reject any proposal received by it under subsections 2 to 4 and b the terms and conditions, subject to which the developer shall undertake the authorised operations and his obligations and entitlements: provided that different minimum area of land and other terms and conditions referred to in clause a may be prescribed by the central government for a class or classes of special economic zones. 9 if the board, a approves without any modification the proposal received under subsections 2 to 4, it shall communicate the same to the central government b approves with modifications the proposal received under subsections 2 to 4, it shall, communicate such modifications to the person or the state government concerned and if such modifications have been accepted by such person or state government, the board shall communicate the approval to the central government c rejects the proposal received under subsections 2 to 4, it shall record the reasons therefor and communicate the rejection to the central government which shall intimate to the state government or the person concerned. 10 the central government shall, on receipt of communication under clause a or clause b of subsection 9, grant, within such time as may be prescribed, a letter of approval on such terms and conditions and obligations and entitlements as may be approved by the board, to the developer, being the person or the state government concerned: provided that the central government may, on the basis of approval of the board, approve more than one developer in a special economic zone in cases where one developer does not have in his possession the minimum area of contiguous land, as may be prescribed, for setting up a special economic zone and in such cases, each developer shall be considered as a developer in respect of the land in his possession. 11 any person who, or a state government which, intends to provide any infrastructure facilities in the identified area referred to in subsections 2 to 4, or undertake any authorised operation may, after entering into an agreement with the developer referred to in subsection 10, make a proposal for the same to the board for its approval and the provisions of subsection 5 and subsections 7 to 10 shall, as far as may be, apply to the said proposal made by such person or the state government. 12 every person or the state government referred to in subsection 11, whose proposal has been approved by the board and who, or which, has been granted letter of approval by the central government, shall be considered as a codeveloper of the special economic zone. 13 subject to the provisions of this section and the letter of approval granted to a developer, the developer may allocate space or built up area or provide infrastructure services to the approved units in accordance with the agreement entered into by him with the entrepreneurs of such units.

section 7. of the special economic zones act : any goods or services exported out of, or imported into, or procured from the domestic tariff area by, i a unit in a special economic zone or ii a developer, shall, subject to such terms, conditions and limitations, as may be prescribed, be exempt from the payment of taxes, duties or cess under all enactments specified in the first schedule.

section 2. of the special economic zones act : show related subordinates in this act, unless the context otherwise requires, a appointed day with reference to a special economic zone means the date on which the special economic zone is notified by the central government under subsection 1 of section 4 b approval committee means an approval committee constituted under subsection 1 of section 13 c authorised operations means operations which may be authorised under subsection 2 of section 4 and subsection 9 of section 15 d authority means a special economic zone authority constituted under subsection 1 of section 31 e board means the board of approval constituted under subsection 1 of section 8 f codeveloper means a person who, or a state government which, has been granted by the central government a letter of approval under subsection 12 of section 3 g developer means a person who, or a state government which, has been granted by the central government a letter of approval under subsection 10 of section 3 and includes an authority and a codeveloper h development commissioner means the development commissioner appointed for one or more special economic zones under subsection 1 of section 11 i domestic tariff area means the whole of india including the territorial waters and continental shelf but does not include the areas of the special economic zones j entrepreneur means a person who has been granted a letter of approval by the development commissioner under subsection 9 of section 15 k existing special economic zone means every special economic zone which is in existence on or before the commencement of this act l existing unit means every unit which has been set up on or before the commencement of this act in an existing special economic zone m export means i taking goods, or providing services, out of india, from a special economic zone, by land, sea or air or by any other mode, whether physical or otherwise or ii supplying goods, or providing services, from the domestic tariff area to a unit or developer or iii supplying goods, or providing services, from one unit to another unit or developer, in the same or different special economic zone n free trade and warehousing zone means a special economic zone wherein mainly trading and warehousing and other activities related thereto are carried on o import means i bringing goods or receiving services, in a special economic zone, by a unit or developer from a place outside india by land, sea or air or by any other mode, whether physical or otherwise or ii receiving goods, or services by a unit or developer from another unit or developer of the same special economic zone or a different special economic zone p infrastructure facilities means industrial, commercial or social infrastructure or other facilities necessary for the development of a special economic zone or such other facilities which may be prescribed q international financial services centre means an international financial services centre which has been approved by the central government under subsection 1 of section 18 r manufacture means to make, produce, fabricate, assemble, process or bring into existence, by hand or by machine, a new product having a distinctive name, character or use and shall include processes such as refrigeration, cutting, polishing, blending, repair, remaking, reengineering and includes agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, sericulture, viticulture and mining s notification means a notification published in the official gazette and the expression notify shall be construed accordingly t notified offences means the offences specified as such under subsection 1 of section 21 u offshore banking unit means a branch of a bank located in a special economic zone and which has obtained the permission under clause a of subsection 1 of section 23 of the banking regulation act, 10 of v person includes an individual, whether resident in india or outside india, a hindu undivided family, cooperative society, a company, whether incorporated in india or outside india, a firm, proprietary concern, or an association of persons or body of individuals, whether incorporated or not, local authority 1trust or any entity as may be notified by the central government and any agency, office or branch owned or controlled by such individual, hindu undivided family, cooperative, association, body, 2authority, company, trust or entity w prescribed means prescribed by rules made by the central government under this act x reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of y schedule means schedules to this act z services means such tradable services which, i are covered under the general agreement on trade in services annexed as ib to the agreement establishing the world trade organisation concluded at marrakesh on the 15th day of april, ii may be prescribed by the central government for the purposes of this act and iii earn foreign exchange za special economic zone means each special economic zone notified under the proviso to subsection 4 of section 3 and subsection 1 of section 4 including free trade and warehousing zone and includes an existing special economic zone zb state government means a state government of the state in which a special economic zone is established or proposed to be established zc unit means a unit set up by an entrepreneur in a special economic zone and includes an existing unit, an offshore banking unit and a unit in an international financial services centre, whether established before or established after the commencement of this act zd all other words and expressions used and not defined in this act but defined in the central excise act, 1 of , the industries development and regulation act, 65 of , the incometax act, 43 of , the customs act, 52 of and the foreign trade development and regulation act, 22 of shall have the meanings respectively assigned to them in those acts. 1. ins. by act 8 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., authority or company w.e.f. .

section 10. of the special economic zones act : show related subordinates 1 if, at any time, the board is of the opinion that a developer a is unable to discharge the functions or perform the duties imposed on him by or under the provisions of this act or rules made thereunder or b has persistently defaulted in complying with any direction given by the board under this act or c has violated the terms and conditions of the letter of approval or d whose financial position is such that he is unable to fully and efficiently discharge the duties and obligations imposed on him by the letter of approval, and the circumstances exist which render it necessary for it in public interest so to do, the board may, on application, or with the consent of the developer, or otherwise, for reasons to be recorded in writing, suspend the letter of approval, granted to the developer for a whole or part of his area established as special economic zone, for a period not exceeding one year and appoint an administrator to discharge the functions of the developer in accordance with the terms and conditions of the letter of approval and manage the special economic zone accordingly. 2 consequent upon appointment of an administrator, the management of the special economic zone of the developer referred to in subsection 1 shall vest in the administrator. 3 no letter of approval shall be suspended under subsection 1 unless the board has given to the developer not less than three months notice, in writing, stating the grounds on which it proposes to suspend the letter of approval, and has considered any cause shown by the developer within the period of that notice, against the proposed suspension. 4 the board may, instead of suspending the letter of approval under subsection 1, permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms or conditions so imposed shall be binding upon and be complied with by the developer and shall be of like force and effect as if they were contained in the letter of approval. 5 in case the board suspends a letter of approval under this section, it shall serve a notice of suspension upon the developer and fix a date on which the suspension shall take effect. 6 upon suspension of the letter of approval under subsection 1, the special economic zone of the developer referred to in subsection 5 shall vest in the administrator under subsection 2 for a period not exceeding one year or up to the date on which the letter of approval for such special economic zone is transferred, whichever is earlier, in accordance with the provisions contained in subsections 7 and 9, as the case may be. 7 where the board has given notice for suspension of letter of approval under subsection 5, the developer may, after prior approval of the board, transfer his letter of approval to any person who is found eligible by the board for grant of such approval. 8 if at any time, it appears to the board that the purpose of the order appointing the administrator has been fulfilled or that for any reason it is undesirable that the order of appointment should remain in force, the board may cancel the order and thereupon the administrator shall be divested of the management of the special economic zone which shall, unless otherwise directed by the board, again vest in the person, being the developer, in whom it was vested immediately prior to the date of appointment of the administrator. 9 where the board suspends the letter of approval, under this section, in respect of any developer, the following provisions shall apply, namely: a the board shall invite applications for transferring the letter of approval of the developer, whose approval has been suspended and select the person or persons, in accordance with the procedure as may be prescribed, to whom the letter of approval of the developer in the special economic zone may be transferred b upon selection of person or persons under subclause a, the board may, by notice in writing, require the developer to transfer his letter of approval in a special economic zone to the person or persons so selected and thereupon the developer shall transfer his interests, rights and liabilities in the special economic zone to any of the persons hereafter in this section referred to as the transferee who has been selected by the board on such terms and conditions and consideration as may be agreed upon between the developer and the transferee c all the rights, duties, obligations and liabilities of the developer, on and from the date of suspension of letter of approval or on and from the date, if earlier, on which his letter of approval in the special economic zone of the developer has been transferred to the transferee, shall cease absolutely except for any liabilities which have accrued prior to that date d the board may make such interim arrangements in regard to the operation of the special economic zone as may be considered appropriate e the administrator shall exercise such powers and discharge such functions as the board may direct. 10 the board may, in order to promote export or to protect the interest of units or in the public interest, issue such directions or formulate such scheme as it may consider necessary for operation of the special economic zone.

section 4. of the special economic zones act : show related subordinates 1 the developer shall, after the grant of letter of approval under subsection 10 of section 3, submit the exact particulars of the identified area referred to in subsections 2 to 4 of that section, to the central government and thereupon that government may, after satisfying that the requirements, under subsection 8 of section 3 and other requirements, as may be prescribed, are fulfilled, notify the specifically identified area in the state as a special economic zone: provided that an existing special economic zone shall be deemed to have been notified and established in accordance with the provisions of this act and the provisions of this act shall, as far as may be, apply to such zone accordingly: provided further that the central government may, after notifying the special economic zone, if it considers appropriate, notify subsequently any additional area to be included as a part of that special economic zone. 2 after the appointed day, the board may, authorise the developer to undertake in a special economic zone, such operations which the central government may authorise.

section 6. of the special economic zones act : show related subordinates the areas falling within the special economic zones may be demarcated by the central government or any authority specified by it as a the processing area for setting up units for activities, being the manufacture of goods, or rendering services or b the area exclusively for trading or warehousing purposes or c the nonprocessing areas for activities other than those specified under clause a or clause b.

section 5. of the special economic zones act : the central government, while notifying any area as a special economic zone or an additional area to be included in the special economic zone and discharging its functions under this act, shall be guided by the following, namely: a generation of additional economic activity b promotion of exports of goods and services c promotion of investment from domestic and foreign sources d creation of employment opportunities e development of infrastructure facilities and f maintenance of sovereignty and integrity of india, the security of the state and friendly relations with foreign states.

section 9. of the special economic zones act : show related subordinates 1 subject to the provisions of this act, the board shall have the duty to promote and ensure orderly development of the special economic zones. 2 without prejudice to the generality of the provisions contained in subsection 1, the powers and functions of the board shall include a granting of approval or rejecting proposal or modifying such proposals for establishment of the special economic zones b granting approval of authorised operations to be carried out in the special economic zones by the developer c granting of approval to the developers or units other than the developers or the units which are exempt from obtaining approval under any law or by the central government for foreign collaborations and foreign direct investments including investments by a person resident outside india, in the special economic zone for its development, operation and maintenance d granting of approval or rejecting of proposal for providing infrastructure facilities in a special eonomic zone or modifying such proposals e granting, notwithstanding anything contained in the industries development and regulation act, 65 of , a licence to an industrial undertaking referred to in clause d of section 3 of that act, if such undertaking is established, as a whole or part thereof, or proposed to be established, in a special economic zone f suspension of the letter of approval granted to a developer and appointment of an administrator under subsection 1 of section 10 g disposing of appeals preferred under subsection 4 of section 15 h disposing of appeals preferred under subsection 4 of section 16 i performing such other functions as may be assigned to it by the central government. 3 the board may, if so required for the purposes of this act or any other law for the time being in force relating to special economic zones, by notification, decide as to whether a particular activity constitutes manufacture as defined in clause r of section 2 and such decision of the board shall be binding on all ministries and departments of the central government. 4 the board may delegate such powers and functions as it may deem fit to one or more development commissioners for effective and proper discharge of the functions of the board. 5 without prejudice to the foregoing provisions of this act, the board shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time. 6 the decision of the central government whether a question is one of policy or not shall be final.

section 11. of the special economic zones act : show related subordinates 1 the central government may appoint any of its officers not below the rank of deputy secretary to the government of india as the development commissioner of one or more special economic zones. 2 the central government may appoint such officers and other employees as it considers necessary to assist the development commissioner in the performance of his functions in the special economic zones established by a developer other than the central government under this act on such terms and conditions as it deems fit. 3 every development commissioner, officer and other employee shall be entitled to such salary and allowances and subject to such terms and conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be specified by the central government.

section 18. of the special economic zones act : show related subordinates 1 the central government may approve the setting up of an international financial services centre in a special economic zone and prescribe the requirements for setting up and operation of such centre: provided that the central government shall approve only one international financial services centre in a special economic zone. 2 the central government may, subject to such guidelines as may be framed by the reserve bank, the securities and exchange board of india, the insurance regulatory and development authority and such other concerned authorities, as it deems fit, prescribe the requirements for setting up and the terms and conditions of the operation of units in an international financial services centre.

section 12. of the special economic zones act : 1 every development commissioner shall take all steps in order to discharge his functions under this act to ensure speedy development of the special economic zone and promotion of exports therefrom. 2 without prejudice to the generality of the foregoing provisions, the development commissioner shall a guide the entrepreneurs for setting up of units in the special economic zone b ensure and take suitable steps for effective promotion of exports from the special economic zone c ensure proper coordination with the central government or state government departments concerned or agencies with respect to, or for the purposes, of clauses a and b d monitor the performance of the developer and the units in a special economic zone e discharge such other functions as may be assigned to him by the central government under this act or any other law for the time being in force and f discharge such other functions as may be delegated to him by the board. 3 every development commissioner shall be overall incharge of the special economic zone and shall exercise administrative control and supervision over the officers and employees appointed under subsection 2 of section 11 including the officials deputed to such special economic zone to discharge any of the functions under this act. 4 without prejudice to the provisions of subsections 1 to 3, every development commissioner shall discharge such functions and exercise such powers as may be delegated to him by a general or special order by the central government or the state government concerned, as the case may be. 5 every development commissioner may call for such information from a developer or unit from time to time as may be necessary to monitor the performance of the developer or the unit, as the case may be. 6 the development commissioner may delegate any or all of his powers or functions to any of the officers employed under him.

section 13. of the special economic zones act : 1 the central government shall, a in the case of existing special economic zones, within six months from the date of commencement of this act b in case of other special economic zones established after the commencement of this act, within six months from the date of establishment of such special economic zone, by notification, constitute a committee for every special economic zone, to be called the approval committee to exercise the powers and perform the functions specified in section 14. 2 every approval committee shall consist of a the development commissionerchairperson, ex officio b two officers of the central government to be nominated by that governmentmembers, ex officio c two officers of the central government to be nominated by that government to represent the ministry or department dealing with revenuemembers, ex officio d one officer of the central government to be nominated by that government to represent the ministry or department dealing with economic affairs financial servicesmember, ex officio e two officers of the state government concerned to be nominated by that state government members, ex officio f a representative of the developer concernedspecial invitee. 3 for the purpose of exercising its powers and performing its functions, the approval committee may invite to its meetings, such persons as the committee deems fit, whose assistance or advice it may consider necessary. 4 every approval committee shall meet at such times and places as it considers necessary and shall have the power to regulate its own procedure. 5 onehalf of the total members of the approval committee shall form a quorum, and all the acts of the approval committee shall be decided by a general consensus of the members present: provided that in case the approval committee is unable to decide any matter by a general consensus, such matter shall stand referred to the board of approval for its decision. 6 no act of the approval committee shall be called in question on the ground merely of existence of any vacancy in, or any defect in the constitution of, the approval committee. 7 all orders and decisions of the approval committee and all other communications issued by it shall be authenticated by the signature of the chairperson or any other member as may be authorised by the approval committee in this behalf. 8 the term of office of an ex officio member shall come to an end as soon as he ceases to hold office by virtue of which he was so nominated.

section 14. of the special economic zones act : 1 every approval committee may discharge the functions and exercise the powers in respect of the following matters, namely: a approve the import or procurement of goods from the domestic tariff area, in the special economic zone for carrying on the authorised operations by a developer b approve the providing of services by a service provider, from outside india, or from the domestic tariff area, for carrying on the authorised operations by the developer, in the special economic zone c monitor the utilisation of goods or services or warehousing or trading in the special economic zone d approve, modify or reject proposals for setting up units for manufacturing or rendering services or warehousing or trading in the special economic zone other than the grant of licence under clause e of subsection 2 of section 9 in accordance with the provisions of subsection 8 of section 15: provided that where the approval committee is unable to decide whether a particular process constitutes manufacture or not it shall refer the same to the board of approval for decision e allow, on receipt of approval under clause c of subsection 2 of section 9, foreign collaborations and foreign direct investments including investments by a person outside india for setting up a unit f monitor and supervise compliance of conditions subject to which the letter of approval or permission, if any, has been granted to the developer or entrepreneur and g perform such other functions as may be entrusted to it by the central government or the state government concerned, as the case may be. 2 the approval committee shall not discharge such functions and exercise such powers referred to in subsection 1 in relation to a developer, being the central government, as may be specified, by notification, by the central government: provided that till such time, the approval committee is constituted, the concerned development commissioner shall discharge all functions and exercise all powers of the approval committee.

section 15. of the special economic zones act : show related subordinates 1 any person, who intends to set up a unit for carrying on the authorised operations in a special economic zone, may submit a proposal to the development commissioner concerned in such form and manner containing such particulars as may be prescribed: provided that an existing unit shall be deemed to have been set up in accordance with the provisions of this act and such units shall not require approval under this act. 2 on receipt of the proposal under subsection 1, the development commissioner shall submit the same to the approval committee for its approval. 3 the approval committee may, either approve the proposal without modification, or approve the proposal with modifications subject to such terms and conditions as it may deem fit to impose, or reject the proposal in accordance with the provisions of subsection 8: provided that in case of modification or rejection of a proposal, the approval committee shall afford a reasonable opportunity of being heard to the person concerned and after recording the reasons, either modify or reject the proposal. 4 any person aggrieved by an order of the approval committee, made under subsection 3, may prefer an appeal to the board within such time as may be prescribed. 5 no appeal shall be admitted if it is preferred after the expiry of the time prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the board that he had sufficient cause for not preferring the appeal within the prescribed time. 6 every appeal made under subsection 4 shall be in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. 7 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. 8 the central government may prescribe, a the requirements including the period for which a unit may be set up subject to which the approval committee shall approve, modify or reject any proposal referred to in subsection 3 b the terms and conditions, subject to which the unit shall undertake the authorised operations and its obligations and entitlements. 9 the development commissioner may, after approval of the proposal referred to in subsection 3, grant a letter of approval to the person concerned to set up a unit and undertake such operations which the development commissioner may authorise and every such operation so authorised shall be mentioned in the letter of approval.

section 16. of the special economic zones act : show related subordinates 1 the approval committee may, at any time, if it has any reason or cause to believe that the entrepreneur has persistently contravened any of the terms and conditions or its obligations subject to which the letter of approval was granted to the entrepreneur, cancel the letter of approval: provided that no such letter of approval shall be cancelled unless the entrepreneur has been afforded a reasonable opportunity of being heard. 2 where the letter of approval has been cancelled under subsection 1, the unit shall not, from the date of such cancellation, be entitled to any exemption, concession, benefit or deduction available to it, being a unit, under this act. 3 without prejudice to the provisions of this act, the entrepreneur whose letter of approval has been cancelled under subsection 1, shall remit, the exemption, concession, drawback and any other benefit availed by him in respect of the capital goods, finished goods lying in stock and unutilised raw materials relatable to his unit, in such manner as may be prescribed. 4 any person aggrieved by an order of the approval committee made under subsection 1, may prefer an appeal to the board within such time as may be prescribed. 5 no appeal shall be admitted if it is preferred after the expiry of the time prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the board that he had sufficient cause for not preferring the appeal within the prescribed time. 6 every appeal made under subsection 4 shall be in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. 7 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.

section 17. of the special economic zones act : 1 an application for setting up and operation of an offshore banking unit in a special economic zone may be made to the reserve bank in such form and manner as may be prescribed. 2 on receipt of an application under subsection 1, the reserve bank shall, if it is satisfied that the applicant fulfils all the conditions specified under subsection 3, grant permission to such applicant for setting up and operation of an offshore banking unit. 3 the reserve bank may, by notification, specify the terms and conditions subject to which an offshore banking unit may be set up and operated in the special economic zone.

section 19. of the special economic zones act : notwithstanding anything contained in any other law for the time being in force, the central government may, if required, a prescribe a single application form for obtaining any licence, permission or registration or approval by a developer, or an entrepreneur under one or more central acts b authorise the board, the development commissioner or approval committee, to exercise the powers of the central government on matters relating to the development of a special economic zone or setting up and operation of units c prescribe a single form for furnishing returns or information by a developer or an entrepreneur under one or more central acts.

section 20. of the special economic zones act : notwithstanding anything contained in any other law for the time being in force, the central government may, by notification, specify any officer or agency to carry out surveys or inspections for securing of compliance with the provisions of any central act by a developer or an entrepreneur, as the case may be, and such officer or agency shall submit verification and compliance reports, in such manner and within such time as may be specified in the said notification.

section 26. of the special economic zones act : 1 subject to the provisions of subsection 2, every developer and the entrepreneur shall be entitled to the following exemptions, drawbacks and concessions, namely: a exemption from any duty of customs, under the customs act, 52 of or the customs tariff act, 51 of or any other law for the time being in force, on goods imported into, or services provided in, a special economic zone or a unit, to carry on the authorised operations by the developer or entrepreneur b exemption from any duty of customs, under the customs act, 52 of or the customs tariff act, 51 of or any other law for the time being in force, on goods exported from, or services provided, from a special economic zone or from a unit, to any place outside india c exemption from any duty of excise, under the central excise act, 1 of or the central excise tariff act, 5 of or any other law for the time being in force, on goods brought from domestic tariff area to a special economic zone or unit, to carry on the authorised operations by the developer or entrepreneur d drawback or such other benefits as may be admissible from time to time on goods brought or services provided from the domestic tariff area into a special economic zone or unit or services provided in a special economic zone or unit by the service providers located outside india to carry on the authorised operations by the developer or entrepreneur e exemption from service tax under chapter v of the finance act, 32 of on taxable services provided to a developer or unit to carry on the authorised operations in a special economic zone f exemption from the securities transaction tax leviable under section 98 of the finance no. 2 act, 23 of in case the taxable securities transactions are entered into by a nonresident through the international financial services centre g exemption from the levy of taxes on the sale or purchase of goods other than newspapers under the central sales tax act, 74 of if such goods are meant to carry on the authorised operations by the developer or entrepreneur. 2 the central government may prescribe, the manner in which, and, the terms and conditions subject to which, the exemptions, concessions, drawback or other benefits shall be granted to the developer or entrepreneur under subsection 1.

section 22. of the special economic zones act : the agency or officer, specified under section 20 or section 21, may, with prior intimation to the development commissioner concerned, carry out the investigation, inspection, search or seizure in the special economic zone or in a unit if such agency or officer has reasons to believe reasons to be recorded in writing that a notified offence has been committed or is likely to be committed in the special economic zone: provided that no investigation, inspection, search or seizure shall be carried out in a special economic zone by any agency or officer other than those referred to in subsection 2 or subsection 3 of section 21 without prior approval of the development commissioner concerned: provided further that any officer or agency, if so authorised by the central government, may carry out the investigation, inspection, search or seizure in the special economic zone or unit without prior intimation or approval of the development commissioner.

section 21. of the special economic zones act : show related subordinates 1 the central government may, by notification, specify any act or omission made punishable under any central act, as notified offence for the purposes of this act. 2 the central government may, by general or special order, authorise any officer or agency to be the enforcement officer or agency in respect of any notified offence or offences committed in a special economic zone. 3 every officer or agency authorised under subsection 2 shall have all the corresponding powers of investigation, inspection, search or seizure as is provided under the relevant central act in respect of the notified offences.

section 27. of the special economic zones act : the provisions of the incometax act, 43 of , as in force for the time being, shall apply to, or in relation to, the developer or entrepreneur for carrying on the authorised operations in a special economic zone or unit subject to the modifications specified in the second schedule.

section 23. of the special economic zones act : 1 the state government, in which the special economic zone is situated, may, with the concurrence of the chief justice of the high court of that state, designate one or more courts a to try all suits of a civil nature arising in the special economic zone and b to try notified offences committed in the special economic zone. 2 no court, other than the court designated under subsection 1, shall try any suit or conduct the trial of any notified offence referred to in that subsection: provided that the courts, in which any suit of a civil nature in a special economic zone had been filed before the commencement of this act, shall continue to try such suit after such commencement: provided further that the courts, in which any trial of any notified offence is being conducted before the commencement of this act, shall continue to conduct the trial of such offence after the commencement of this act: provided also that the courts competent to try any notified offence, before the commencement of this act, shall conduct the trial in respect of such offence after the commencement of this act until the courts have been designated under subsection 1 and all such cases relating to such trials shall thereafter be transferred to such courts so designated which shall conduct the trial from the stage at which such cases were so transferred.

section 24. of the special economic zones act : any person aggrieved, by any decision or order of the court designated under subsection 1 of section 23, may file an appeal to the high court within sixty days from the date of communication of the decision or order of the courts so designated to him on any question of fact or law arising out of such orders: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days. explanation. in section 23 and in this section high court means the high court of the state in which the special economic zone is situated.

section 25. of the special economic zones act : 1 where an offence has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided for the offence, if he has proved that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 28. of the special economic zones act : the central government may prescribe the period during which any goods brought into, or services provided in, any unit or special economic zone without payment of taxes, duties or cess shall remain or continue to be provided in such unit or special economic zone.

section 30. of the special economic zones act : show related subordinates subject to the conditions specified in the rules made by the central government in this behalf, a any goods removed from a special economic zone to the domestic tariff area shall be chargeable to duties of customs including antidumping, countervailing and safeguard duties under the customs tariff act, 51 of , where applicable, as leviable on such goods when imported and b the rate of duty and tariff valuation, if any, applicable to goods removed from a special economic zone shall be at the rate and tariff valuation in force as on the date of such removal, and where such date is not ascertainable, on the date of payment of duty.

section 35. of the special economic zones act : the central government may, after due appropriation made by parliament by law in this behalf, make to every authority by way of grants and loans or such sums of money as that government may think fit for being utilised for the purposes of this act.

section 31. of the special economic zones act : show related subordinates 1 the central government shall, by notification in the official gazette, constitute, for every special economic zone established by it before the commencement of this act or which may be established after such commencement by the central government, an authority to be called the ...... name of the special economic zone authority to exercise the powers conferred on, and discharge the functions assigned to, it under this act: provided that in respect of existing special economic zones established by the central government, such authority shall be constituted by the central government within six months from the date of commencement of this act: provided further that until such authority is constituted, the person or the authority including the development commissioner exercising control over such existing special economic zones shall continue to exercise such control over the special economic zone till the authority is constituted. 2 every authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with a power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue and be sued. 3 the head office of every authority shall be at such place as the central government may specify in the notification referred to in subsection 1. 4 any authority may, with the previous approval of the central government, establish branch offices at other places in india. 5 every authority shall consist of a the development commissioner of the special economic zone over which the authority exercises its jurisdictionchairperson, ex officio b two officers of the central government to be nominated by that government having knowledge of, or experience in, dealing with matters relating to special economic zonesmembers, ex officio c an officer of the government of india in the ministry or department dealing with commerce on matters relating to special economic zonemember, ex officio d not more than two persons, being entrepreneurs or their nominee, to be nominated by the central governmentmembers, ex officio 6 the term of office of the members of an authority other than ex officio members and the manner of filling of vacancies shall be such as may be prescribed. 7 an authority may associate with itself in such manner, subject to such conditions and for such purposes as may be prescribed, any person whose assistance or advice it requires in discharging its functions effectively and that person shall be entitled to receive such allowances or fees as may be fixed by the authority. 8 onethird of the total members of the authority shall form a quorum, and all the acts of the authority shall be decided by a majority of the members present. 9 no act or proceeding of an authority shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case. 10 every authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings as may be prescribed.

section 29. of the special economic zones act : the transfer of ownership in any goods brought into, or produced or manufactured in, any unit or special economic zone or removal thereof from such unit or zone shall be allowed, subject to such terms and conditions as the central government may prescribe.

section 32. of the special economic zones act : 1 every development commissioner of the special economic zone, for which he is appointed as such, shall be the chief executive of the authority concerned and exercise such powers and perform such functions as may be prescribed. 2 every authority may, in addition to the officers and employees transferred to it under section 33, appoint such other officers and employees, as it considers necessary for the efficient discharge of its functions under this act. 3 the method of appointment, the conditions of service and the scales of pay and allowances of such other officers and employees appointed under subsection 2 shall be such as may be prescribed.

section 33. of the special economic zones act : show related subordinates 1 it shall be lawful for the central government to transfer to each authority, by order, and with effect from such date or dates, as may be specified in the order, any officer or other employee holding office as such except officers or other employees on deputation in the existing special economic zone concerned: provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post which he was holding immediately before such transfer and the other terms and conditions of service including pension, leave, provident fund and medical benefits of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer: provided further that if, immediately before the date of his transfer, any such officer or other employee is officiating in a higher post under the central government either in a leave vacancy or in any vacancy of a specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the central government to which he would have reverted but for his transfer to the authority. 2 if any question arises as to whether the prescribed terms and conditions of service in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the authority, the decision of the central government in the matter shall be final.

section 34. of the special economic zones act : 1 subject to the provisions of this act, it shall be the duty of each authority to undertake such measures as it thinks fit for the development, operation and management of the special economic zone for which it is constituted. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for a the development of infrastructure in the special economic zone b promoting exports from the special economic zone c reviewing the functioning and performance of the special economic zone d levy user or service charges or fees or rent for the use of properties belonging to the authority e performing such other functions as may be prescribed.

section 36. of the special economic zones act : show related subordinates 1 there shall be established by every authority a fund to be called the.......... the name of the special economic zone concerned authority fund and there shall be credited thereto a all sums of money, which the central government may, after due appropriation made by parliament by law in this behalf, provide to the authority b all grants or loans that may be made to the authority under this act c all sums received on account of user or service charges or fees or rent for the use of properties belonging to the authority d all sums received by the authority from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a the salaries, allowances and other remuneration of the members, officers and other employees of the authority b the expenses of the authority in the discharge of its functions under section 34 c the repayment of any loan d the expenses on objects and for purposes authorised by this act e any other administrative expenses of the authority.

section 43. of the special economic zones act : 1 the period of limitation in the case of any dispute which is required to be referred to arbitration shall be regulated by the provisions of the limitation act, 36 of , as if the dispute was a suit and the arbitrator is civil court. 2 notwithstanding anything contained in subsection 1, the arbitrator may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the arbitrator that he had sufficient cause for not referring the dispute within such period.

section 37. of the special economic zones act : 1 every authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government, in consultation with the comptroller and auditorgeneral of india. 2 the accounts of every authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india or any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of every authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and the central government shall cause the same to be laid before each house of parliament.

section 38. of the special economic zones act : show related subordinates every authority shall be bound to carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 39. of the special economic zones act : 1 every authority shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to the promotion and development of exports and the operation and maintenance of the special economic zone and units as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, every authority shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 3 a copy of every report received under subsection 2 shall be laid, as soon as may be, after it is received, before each house of parliament.

section 40. of the special economic zones act : 1 if at any time the central government is of the opinion that an authority is unable to perform, or has persistently made default in the performance of the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the central government under section 38, the central government may, by notification, supersede that authority for such period not exceeding six months, as may be specified in the notification: provided that before issuing a notification under this subsection, the central government shall give reasonable time to that authority to make representation against the proposed supersession and shall consider the representations, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a the chairperson and other members of the authority shall, notwithstanding that their term of office has not expired as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct c all property vested in the authority shall, during the period of supersession, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further period not exceeding six months or b reconstitute the authority in the manner provided in section 31.

section 41. of the special economic zones act : all members, officers and other employees of every authority, shall, when acting or purporting to act in pursuance of any of the provisions of this act or the rules made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 42. of the special economic zones act : 1 notwithstanding anything contained in any other law for the time being in force, if a any dispute of civil nature arises among two or more entrepreneurs or two or more developers or between an entrepreneur and a developer in the special economic zone and b the court or the courts to try suits in respect of such dispute had not been designated under subsection 1 of section 23, such dispute shall be referred to arbitration: provided that no dispute shall be referred to the arbitration on or after the date of the designation of the court or courts under subsection 1 of section 23. 2 where a dispute has been referred to arbitration under subsection 1, the same shall be settled or decided by the arbitrator to be appointed by the central government. 3 save as otherwise provided under this act, the provisions of the arbitration and conciliation act, 26 of shall apply to all arbitration under this act as if the proceedings for arbitration were referred in settlement or decision under the provisions of the arbitration and conciliation act, .

section 44. of the special economic zones act : all the provisions of this act except sections 3 and 4 shall, as far as may be, apply to every existing special economic zone.

section 45. of the special economic zones act : a communication by any competent authority or person under this act may be sent to the person who has the ultimate control over the affairs of the special economic zone or unit or where the said affairs are entrusted to a manager, director, chairperson, or managing director, or to any other officer, by whatever name called, such communication may be sent to such manager, director, chairperson, or managing director or any other officer.

section 46. of the special economic zones act : every person, whether employed or residing or required to be present in a special economic zone, shall be provided an identity card by every development commissioner of such special economic zone, in such form and containing such particulars as may be prescribed.

section 51. of the special economic zones act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 47. of the special economic zones act : any authority which has been conferred upon any power, or, is, required to discharge any function under any central or state act, may, subject to the provisions of this act, exercise such power or discharge such functions in any special economic zone under that act.

section 52. of the special economic zones act : 1 the provisions contained in the chapter xa of the customs act, 52 of and the special economic zones rules, and the special economic zones customs procedure regulations, made thereunder shall not, with effect from such date as the central government by notification appoint, apply to the special economic zones. 2 notwithstanding anything contained in subsection 1, all offences committed, before the commencement of this act, under any provisions of the customs act, 52 of and the special economic zones rules, and the special economic zones customs procedure regulations, made thereunder, shall continue to be governed by the said act or rules, as the case may be. 3 anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any permission or authorisation or exemption granted or any document or instrument executed under the said provisions of the act, rules and regulations referred to in subsection 1 shall, in so far as they are not inconsistent with the provisions of this act, be deemed to have been done or taken or made or issued or granted under the corresponding provisions of the act or rules or regulations referred to in that subsection.

section 49. of the special economic zones act : 1 the central government may, by notification, direct that any of the provision of this act other than sections 54 to 56 or any other central act or any rules or regulations made thereunder or any notification or order issued or direction given thereunder other than the provisions relating to making of the rules or regulations specified in the notification a shall not apply to a special economic zone or a class of special economic zones or all special economic zones or b shall apply to a special economic zone or a class of special economic zones or all special economic zones only with such exceptions, modification and adaptation, as may be specified in the notification: provided that nothing contained in this section shall apply to any modifications of any central act or any rule or regulation made thereunder or any notification or order issued or direction given or scheme made thereunder so far as such modification, rule, regulation, notification, order or direction or scheme relates to the matters relating to trade unions, industrial and labour disputes, welfare of labour including conditions of work, provident funds, employers liability, workmens compensation, invalidity and old age pensions and maternity benefits applicable in any special economic zones. 2 a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses.

section 48. of the special economic zones act : no suit, prosecution or other legal proceeding shall lie against the central government or any chairperson, member, officer or other employee of the board or the approval committee or the authority or development commissioner for anything done or intended to be done in good faith under this act.

section 50. of the special economic zones act : the state government may, for the purposes of giving effect to the provisions of this act, notify policies for developers and units and take suitable steps for enactment of any law a granting exemption from the state taxes, levies and duties to the developer or the entrepreneur b delegating the powers conferred upon any person or authority under any state act to the development commissioner in relation to the developer or the entrepreneur.

section 53., in certain cases. of the special economic zones act : show related subordinates 1 a special economic zone shall, on and from the appointed day, be deemed to be a territory outside the customs territory of india for the purposes of undertaking the authorised operations. 2 a special economic zone shall, with effect from such date as the central government may notify, be deemed to be a port, airport, inland container depot, land station and land customs stations, as the case may be, under section 7 of the customs act, 52 of : provided that for the purposes of this section, the central government may notify different dates for different special economic zones.

section 58. of the special economic zones act : all rules made or purporting to have been made or all notifications issued or purporting to have been issued under any central act relating to the special economic zones shall, in so far as they relate to matters for which provision is made in this act or rules made or notification issued thereunder and are not inconsistent therewith, be deemed to have been made or issued under this act as if this act had been in force on the date on which such rules were made or notifications were issued and shall continue to be in force unless and until they are superseded by any rules made or notifications issued under this act.

section 54. of the special economic zones act : 1 the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification add to, or as the case may be, omit from the first schedule any enactment specified therein. 2 a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses.

section 55. of the special economic zones act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the infrastructure facilities necessary for the development of the special economic zones under clause p and services in the special economic zones under clause z of section 2 b the period within which the person concerned shall obtain the concurrence of the state government under subsection 3 of section 3 c the form and the manner in which a proposal may be made and the particulars to be contained therein under subsection 5 of section 3 d the period within which the state government may forward the proposal together with its recommendation under subsection 6 of section 3 e the requirements subject to which the board may approve, modify or reject the proposal under subsection 8 of section 3 f the period within which the grant of letter of approval shall be communicated to the state government or developer or entrepreneur under subsection 10 of section 3 g the other requirements for notifying the specifically identified area in a state as a special economic zone under subsection 1 of section 4 h the terms, conditions and limitations subject to which the goods or services exported out of, or imported into, or procured from the domestic tariff area to, a special economic zone, be exempt from payment of taxes, duties, or cess under section 7 i the procedure for transfer of letter of approval in case of suspension of letter of approval of a developer under clause a of subsection 9 of section 10 j the form and the manner in which a proposal may be submitted and the particulars to be contained therein under subsection 1 of section 15 k the time within which a person aggrieved by the order of the approval committee may prefer an appeal under subsection 4 of section 15 l the form in which the appeal shall be made and the fees for making such appeal under subsection 6 of section 15 m the procedure for disposing of an appeal under subsection 7 of section 15 n the requirements including the period for which a unit may be set up subject to which the proposal may be approved, modified or rejected under clause a of subsection 8 of section 15 o the terms and conditions for the unit subject to which it shall undertake authorised operations under clause b of subsection 8 of section 15 and the obligations and entitlements of the unit p the time within which a person aggrieved by the order of the approval committee may prefer an appeal under subsection 4 of section 16 q the form in which the appeal shall be made and the fees for making such appeal under subsection 6 of section 16 r the procedure for disposing of an appeal under subsection 7 of section 16 s the form and the manner in which an application may be made for setting up of an offshore banking unit in a special economic zone under subsection 1 of section 17 t the requirements for setting up and operation of an international financial services centre in a special economic zone under subsection 1 of section 18 u the requirements and terms and conditions subject to which a unit in the international financial services centre may be set up and operated in a special economic zone under subsection 2 of section 18 v the form of single application for obtaining any licence, permission or registration or approval under clause a of section 19 w the form of single return or information to be furnished by an entrepreneur or developer under clause c of section 19 x the manner in which and the terms and conditions subject to which the exemptions, concessions, draw back or other benefits shall be granted to every developer and entrepreneur under subsection 2 of section 26 y the period during which any goods brought into, or services provided in, any special economic zone shall remain or continue to be provided in such unit or special economic zone under section 28 z the terms and conditions subject to which transfer of ownership in any goods brought into, or produced or manufactured in, any unit or special economic zone, or removal thereof from such unit or zone, shall be allowed under section 29 za the conditions subject to which the units shall be entitled to sell the goods manufactured in a special economic zone to the domestic tariff area under section 30 zb the term of office of the members, other than ex officio members, of every authority and the manner of filling of vacancies under subsection 6 of section 31 zc the manner in which and the conditions subject to which and the purposes for which any person may be associated under subsection 7 of section 31 zd the times and the places of meetings and the procedure to be followed in the transaction of business at the meetings under subsection 10 of section 31 ze the powers and the functions of every development commissioner under subsection 1 of section 32 zf the method of appointment of officers and other employees of every authority, conditions of their service and the scale of pay and allowances under subsection 3 of section 32 zg the other functions to be performed by the authority under clause e of subsection 2 of section 34 zh the form in which the accounts and other relevant records of every authority shall be maintained and annual statement of accounts shall be prepared under subsection 1 of section 37 zi the form and the manner in which and the time at which every authority shall furnish returns and statements and other particulars to the central government under subsection 1 of section 39 zj the form in which and the date before which every authority shall furnish to the central government the report of its activities, policy and programmes under subsection 2 of section 39 zk the form in which and the particulars to be contained in the identity cards under section 46 zl any other matter which, is to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 56. of the special economic zones act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiration of two years from the date of commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 57. of the special economic zones act : with effect from such date as the central government may, by notification, appoint, the enactments specified in the third schedule shall be amended in the manner specified therein: provided that different dates may be appointed on which the amendments specified in the third schedule shall apply to a particular special economic zone or a class of special economic zones or all special economic zones.

section 8. of the dock workers safety health and welfare act : any person aggrieved by an order under section 5 may, within fifteen days from the date on which the order is communicated to him, prefer an appeal to the chief inspector or where such order is by the chief inspector, to such authority as may be specified by the regulations and the chief inspector on such authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible: provided that the chief inspector or such authority may entertain the appeal after the expiry of the said period of fifteen days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: provided further that an order under section 5 shall be complied with, pending the decision of the chief inspector or such authority.

section 1. of the dock workers safety health and welfare act : show related subordinates 1 this act may be called the dock workers safety, health and welfare act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 4 it shall not apply to any ship of war of any nationality. 1.15th april, , vide notification no. g.s.r. 399e, dated 15th april, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the dock workers safety health and welfare act : 1 all copies of, and extracts from, registers or other records in relation to any dock work and all other information required by the chief inspector or an inspector or by any one assisting him, in the course of the inspection or investigation carried out for the purposes of this act or the regulations shall be regarded as confidential and shall not be disclosed to any person or authority unless such disclosure is for the purpose of any action or proceeding under this act or the regulations or under any other law or unless the chief inspector or the inspector considers such disclosure necessary to ensure the health, safety or welfare of any dock worker. 2 the chief inspector or the inspector shall not disclose the source of any complaint bringing to his notice a defect or breach of any legal provisions and if any visit or inspection is to be made in connection with such a complaint, he shall give no intimation to the employer that the visit is made in consequence of receipt of such a complaint: provided that the restrictions imposed under this subsection shall not apply to any case where the complainant himself has expressed his willingness to have the source of complaint disclosed. 3 if the chief inspector or an inspector or any other person referred to in subsection 1 discloses, contrary to the provisions of this section, any information as aforesaid, the shall he punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 2. of the dock workers safety health and welfare act : in this act, unless the context otherwise requires, a appropriate government means, in relation to any major port, the central government, and, in relation to any other port, the state government b cargo includes anything carried or to be carried in a ship or other vessel c chief inspector means the chief inspector of dock safety, appointed under subsection 1 of section 3 d dock work means any work in or within the vicinity of any port in connection with, or required for, or incidental to, the loading, unloading, movement or storage of cargoes into or from ship or other vessel, port, dock, storage place or landing place, and includes i work in connection with the preparation of ships or other vessels for receipt or discharge of cargoes or leaving port and ii chipping, painting or cleaning of any hold, tank, structure or lifting machinery or any other storage area in board the ship or in the docks e dock worker means a person employed or to be employed directly or by or through any agency including a contractor with or without knowledge of the principal employer, whether for remuneration or not, on dock work femployer, in relation to a dock worker, means the person by whom he is employed or is to be employed on dock work, whether for remuneration or not g principal employer, in relation to a dock worker employed or to be employed by or through any agency including a contractor, means the person in connection with those work he is employed or is to be employed by such agency h regulation means a regulation made under this act.

section 3. of the dock workers safety health and welfare act : 1 the appropriate government may, by notification in the official gazette, appoint such person as it thinks fit to be the chief inspector of dock safety and such persons as it thinks fit to be inspectors subordinate to the chief inspector for the purposes of this act at such ports as may be specified in the notification. 2 the chief inspector shall also exercise the powers of an inspector. 3 the chief inspector and all inspectors shall be deemed to be public servants within the meaning of the indian penal code 45 of ,

section 9. of the dock workers safety health and welfare act : 1 the appropriate government may constitute an advisory committee to advise upon such matters arising out of the administration of this act and the regulations as that government may refer to it for advice. 2 the members of the advisory committee shall be appointed by the appropriate government and shall be of such number and chosen in such manner as may be prescribed by rules made under this act: provided that the advisory committee shall include an equal number of members representing i the appropriate government, ii the dock workers, and iii the employers of dock workers and shipping companies. 3 the chairman of the advisory committee shall be one of the members appointed to represent the appropriate government, nominated in this behalf by that government. 4 the appropriate government shall publish in the official gazette the names of all members of the advisory committee. 5 the term of office of the members of the advisory committee and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed by rules made under this act.

section 4. of the dock workers safety health and welfare act : an inspector may, at any port for which he is appointed, a enter, with such assistance if any, as he thinks fit, any ship, dock, warehouse or other premises, where any dock work is being carried on, or where he has reason to believe that any dock work is being carried on b make examination of the ship, dock, lifting machinery, cargo gear, stagings, transport equipment, warehouses or other premises, used or to be used, for any dock work c require the production of any register, muster roll or other document relating to the employment of dock workers and examine such document d take on the spot or otherwise such evidence of any person which he may deem necessary: provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself e take copies of registers, records or other documents or portions thereof as he may consider relevant in respect of any offence which he has reason to believe has been committed or for the purpose of any inquiry f take photograph, sketch, sample, measure or record as he may consider necessary for the purpose of any examination or inquiry g hold an inquiry into the causes of any accident which he has reason to believe was the result of the collapse or failure of lifting machinery, transport equipment, staging or noncompliance with any of the provisions of this act or the regulations h issue show cause notice relating to the safety, health and welfare provisions arising under this act or the regulations i prosecute, conduct or defend before any court any complaint or other proceedings arising under this act or the regulations j exercise such other powers as may be conferred upon him by the regulations.

section 10. of the dock workers safety health and welfare act : 1 the appropriate government may, if it considers it expedient to do so, appoint a competent person to inquire into the causes of any accident occurring in connection with any dock work or into any cases where a disease specified by regulations as a disease connected with dock work has been or is suspected to have been contracted by dock workers and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. 2 the person appointed to hold an inquiry under this section shall have all the powers of a civil court under the code of civil procedure, 5 of for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an inspector under this act and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the indian penal code 45 of . 3 the person holding the inquiry under this section shall make a report to the appropriate government stating the causes of the accident or, as the case may be, disease and any attendant circumstances and adding any observations which he or any of the assessors may think fit to make. 4 the procedure to be followed at inquiries under this section shall be such as the appropriate government may prescribe by rules under section 20.

section 5. of the dock workers safety health and welfare act : 1 if it appears to an inspector that any place at which any dock work is being carried on is in such a condition that it is dangerous to life, safety or health, of dock workers, he may, in writing, serve on the owner or on the person in charge of such place an order prohibiting any dock work in such place until measures have been taken to remove the cause of the danger to his satisfaction. 2 an inspector serving an order under subsection 1 shall endorse a copy to the chief inspector who may modify or cancel the order without waiting for an appeal.

section 6. of the dock workers safety health and welfare act : the owner or the person in charge of the place at which any dock work is being carried on, shall afford the chief inspector or the inspector all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this act or the regulations.

section 14. of the dock workers safety health and welfare act : 1 whoever, a wilfully obstructs an inspector in exercise of any power conferred by or under this act or fails to produce on demand by an inspector any register or other documents kept in pursuance of the regulations or otherwise in connection with any dock work or conceals or prevents or attempts to prevent any person from appearing before, or being examined by, an inspector or b unless duly authorised or in case of necessity, removes any fencing, gangway, gear, ladder, lifesaving means or appliance, light, mark, stage or other thing required to be provided by, or under, the regulations or c having in case of necessity removed any such fencing, gangway, gear, ladder, lifesaving means or appliance, light, mark, stage or other thing, omits to restore it at the end of the period for which its removal was necessary, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousands rupees, or with both. 2 if any person, being a person whose duty is to comply with any of the regulations, contravenes such regulations and such contravention results a in any fatal accident to a dock worker, or b an accident which incapacitates a dock worker from earning his full wages for more than a fortnight, such person shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than two thousand rupees in a case falling under clause a and five hundred rupees in a case falling under clause b but which may extend, in either case, to five thousand rupees, or with both, and the court may order the whole or part of the fine to be paid to the dependent of the deceased dock worker or, as the case may be, to the injured dock worker. explanation.the provisions of this subsection shall be in addition to any provisions which may be made under subsection 4 of section 21. 3 subject to the provisions of section 11, if any dock worker contravenes any provision of this act or the regulations imposing any duty or liability on dock workers, he shall be punishable with imprisonment for a term which may extend to three months, or with tine which may extend to two hundred rupees, or with both. 4 if any person who has been convicted for an offence punishable under any of the provisions of this act or the regulations is again convicted for an offence committed within two year of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the imprisonment to which he would have been liable for the first contravention of such provision.

section 11. of the dock workers safety health and welfare act : 1 no dock worker shall a wilfully interfere with, or misuse, any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers b wilfully and without reasonable cause do anything likely to endanger himself or others and c wilfully neglect to make use of any appliance, convenience or other thing provided in connection with any dock work for the purpose of securing the health, safety and welfare of dock workers. 2 if any dock worker contravenes any of the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

section 17. of the dock workers safety health and welfare act : 1 no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this act or the regulations. 2 no prosecution for any offence under this act or the regulations shall be instituted except by or with the previous sanction of an inspector, 3 notwithstanding anything contained in the code of criminal procedure, 2 of , no court shall take cognizance of an offence under this act or the regulations unless complaint thereof has been made a in the case of an offence punishable with fine, i within six months from the date of the offence or ii where the commission of the offence was not known to the inspector, within six months from the first day on which the offence comes to the knowledge of the inspector or iii where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the inspector or b in the case of an offence punishable with imprisonment, i within one year from the date of the offence or ii where the commission of the offence was not known to the inspector, within one year from the first day on which the offence comes to the knowledge of the inspector or iii where it is not known by whom the offence was committed, within six months from the first day on which the identity of the offender is known to the inspector. explanation.for the purposes of this section, in the case of a continuing offence a fresh period of limitation shall begin to run at every movement of the time during which the offence continues.

section 12. of the dock workers safety health and welfare act : the appropriate government may, by notification in the official gazette, exempt from all or any of the provisions of this act and of the regulations, or such conditions, if any, as it thinks fit a any port or place, dock, wharf, quay or similar premises, if that government is satisfied that dock work is only occasionally carried on or the traffic is small and confined to small ships and fishing vessels at such port, dock, wharf, quay or similar premises or b any specified ship or class of ships, if that government is satisfied, having regard to the features of such ship or ships, the nature, quantum and periodicity of dock work carried thereon and all other relevant factors, that it is necessary so to do: provided that the appropriate government shall not grant exemption under this section unless it is satisfied that such exemption will not adversely affect the health, safety and welfare of dock workers.

section 18. of the dock workers safety health and welfare act : notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for a metropolitan magistrate or a magistrate of the first class to pass a sentence of fine exceeding five thousand rupees authorised by this act or the regulations on any person convicted of any offence thereunder.

section 20. of the dock workers safety health and welfare act : the appropriate government may, by notification in the official gazette, make rules consistent with this act for all or any of the following purposes, namely: a the manner in which an inspector is to exercise the powers conferred upon him under this act b the inspection of premises of ships where any dock work is carried on c the manner of services of orders made under this act d the term of office and other conditions of service of members of the advisory committee, the manner of filling vacancies among, and the procedure to be followed in, the discharge of their functions under subsection 5 of section 9 e the procedure at inquiries under section 10 and f any other matter which is to be provided for by rules under this act.

section 13. of the dock workers safety health and welfare act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 15. of the dock workers safety health and welfare act : if the person committing an offence made punishable by this act or the regulations or any abetment thereof is a firm or other association of individuals or a company or a local authority, all or any of the partners or members or directors thereof as well as the firm, association of individuals, company or local authority shall be deemed to be guilty of the offence or abetment and shall be liable to be proceeded against and punished accordingly: provided that where a firm, association or company has given notices in writing to the chief inspector and the inspector of the port where any dock work is being carried that it has nominated, a in the case of a firm, any of its partners b in the case of an association, any of its members c in the case of a company, any of its directors, who is resident, in each case in any place to which this act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the person in charge of any dock work for the purposes of this act, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the person in charge of such dock work for the purposes of this act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the chief inspector.

section 19. of the dock workers safety health and welfare act : any person who contravenes any provision of this act shall, if no other penalty is provided for such contravention under this act, be punishable with fine which may extend to five hundred rupees.

section 16. of the dock workers safety health and welfare act : 1 where a person is convicted of an offence punishable under this act the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order which may be extended by the court from time to time on application made in this behalf to take such measures as may be so specified for remedying the matters in respect of which offence was committed. 2 where an order is made under subsection 1, the person shall not be liable under this act in respect of the continuance of the offence during the period, or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, the person shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both.

section 23. of the dock workers safety health and welfare act : in the dock workers regulation of employment act, , in section 3, in subsection 2, a in clause g, the words and welfare shall be omitted: b clause h shall be omitted.

section 21. of the dock workers safety health and welfare act : 1 the appropriate government may, by notification in the official gazette, make regulations consistent with this act for providing for the safety, health and welfare of dock workers. 2 such regulations may provide for all or any of the following purposes, namely: a providing for the general requirement relating to the construction, equipping and maintenance for the safety of working places on shore, ship, dock, structure and other places at which any dock work is carried on b providing for the safety of any regular approaches over a dock, wharf, quay or other places which dock workers have to use for going for work and for fencing of such places and projects c providing for the efficient lighting of all areas of dock, ship, any other vessel, dock structure or working places where any dock work is carried on and of all approaches to such places to which dock workers are required to go in the course of their employment d providing and maintaining adequate ventilation and suitable temperature in every building or an enclosure on ship where dock workers are employed e providing for the fire and explosion prevention and protection f providing for safe means of access to ships, holds, stagings, equipment, lifting appliances and other working places g providing for the safety of workers engaged in the opening and closing of hatches, protection of ways and other openings in the docks which may be dangerous to them h providing for the safely of workers on docks from the risk of falling overboard being struck by cargo during loading or unloading operations i providing for the construction, maintenance and use of lifting and other cargo handling appliances and services, such as, pallets containing or supporting loads and provision of safety appliances on them, if necessary j providing for the safety of workers employed in freight container terminals or other terminals for handling unitised cargo k providing for the fencing of machinery, live electrical conductors, steam pipes and hazardous openings l providing for the construction, maintenance and use of staging m providing for the rigging and use of ships derricks n providing for the testing, examination, inspection and certification as appropriate of loose gears including chains and ropes and of slings and other lifting devices used in the dock work o providing for the precautions to be taken to facilitate escape of workers when employed in a hold, bin, hopper or the like or between decks of a hold while handling coal or other bulk cargo p providing for the measures to be taken in order to prevent dangerous methods of working in the stacking, unstacking, stowing and unstowing of cargo or handling in connection therewith q providing for the handling of dangerous substances and working in dangerous or harmful environments and the precautions to be taken in connection with such handling r providing for the work in connection with cleaning, chipping, painting operations and precautions to be taken in connection with such work s providing for the employment of persons for handling cargo, handling appliances, power operated hatch covers or other power operated ships equipment, such as, door in the hull of a ship, ramp, retraceable car deck or similar equipment or to give signals to the drivers of such machinery t providing for the transport of dock workers u providing for the precautions to be taken to protect dock workers against harmful effects of excessive noise, vibrations and air pollution at the work place v providing for protective equipment or protective clothing w providing for the sanitary, washing and welfare facilities x providing for i the medical supervision ii the ambulance rooms, first aid and rescue facilities and arrangements for the removal of dock workers to the nearest place of treatment iii the safety and health organisation and iv the training of dock workers and for the obligations and rights of the dock workers for their safety and health at the work place y providing for the investigation of occupational accidents, dangerous occurrences and diseases, specifying such diseases and the forms of notices, the persons and authorities to whom, they are to be furnished, the particulars to be contained in them and the time within which they are to be submitted and z providing for the submission of statement of accidents, mandays lost, volume of cargo handled and particulars of dock workers. 3 the regulations made under this section may, a provide for the circumstances in which and the conditions subject to which, exemptions from any of the regulations made under this section may be given specifying the authorities who may grant such exemptions and regulating their procedure and b make special provision to meet the special requirement of any particular port or ports. 4 in making a regulation under this section the appropriate government may direct that a breach thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, if the breach is continued after conviction, with a further fine which may extend to one hundred rupees for each day on which the breach is so continued.

section 25. of the dock workers safety health and welfare act : the indian dock labourers regulations, made under section 5 of the indian dock labourers act, 19 of so repealed and the dock workers safety, health and welfare scheme made under section 4 of the dock workers regulation of employment act, 9 of shall be deemed to be regulation framed under this act and shall be in force unless they are altered or repealed under this act.

section 22. of the dock workers safety health and welfare act : 1 the power to make rules and regulations conferred by sections 20 and 21 is subject to the condition of the rules and regulations being made after previous publications. 2 the date to be specified in accordance with clause 3 of section 23 of the general clauses act, 10 of as that after which a draft of rules or regulations proposed to be made will be taken under consideration, shall not be less than fortyfive days from the date on which the draft of the proposed rules or regulations is published for general information. 3 every rule and every regulation made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation, as the case may be. 4 every rule and every regulation, made under this act by a state government shall be laid, as soon as may be after it is made, before the state legislature.

section 24. of the dock workers safety health and welfare act : the indian dock labourers act, 19 of , is hereby repealed.

section 6. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : on and from the commencement of this act, a no genetic counselling centre or genetic laboratory or genetic clinic shall conduct or cause to be conducted in its centre, laboratory or clinic, prenatal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus b no person shall conduct or cause to be conducted any prenatal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus 1 c no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception. 1 ins. by s. 9, ibid. w.e.f. .

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

section 5. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 no person referred to in clause 2 of section 3 shall conduct the prenatal diagnostic procedures unless a he has explained all known side and after effects of such procedures to the pregnant woman concerned b he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands and c a copy of her written consent obtained under clause b is given to the pregnant woman. 1 2 no person including the person conducting prenatal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner. 1 . subs. by act 14 of , s. 8, for subsection 2 w.e.f. .

section 1. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 this act may be called 1the preconception and prenatal diagnostic techniques prohibition of sex selection act, . 2 it shall extend to the whole of india 2. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 1 subs. by s. 3, ibid., for the prenatal diagnostic techniques regulation and prevention of misuse w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. 1st january, , vide notification no. s.o. 990, dated 21st december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : on and from the commencement of this act, 1 no genetic counselling centre, genetic laboratory or genetic clinic unless registered under this act, shall conduct or associate with, or help in, conducting activities relating to prenatal diagnostic techniques 1 2 no genetic counselling centre or genetic laboratory or genetic clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess the qualifications as may be prescribed 3 no medical geneticist, gynaecologist paediatrician registered medical practitioner or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person, any prenatal diagnostic techniques at a place other than a place registered under this act. 10 subs. by act 14 of , s. 5, for clause 2 w.e.f. .

section 3a. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 3a. prohibition of sex selection.no person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them. 1 ins. by s. 6, ibid. w.e.f. .

section 7. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the central government shall constitute a board to be known as the central supervisory board to exercise the powers and perform the functions conferred on the board under this act. 2 the board shall consist of a the minister in charge of the ministry or department of family welfare, who shall be the chairman, ex officio b the secretary to the government of india in charge of the department of family welfare, who shall be the vicechairman, ex officio 1 c three members to be appointed by the central government to represent the ministries of central government in charge of women and child development, department of legal affairs or legislative department in the ministry of law and justice, and indian system of medicine and homoeopathy, ex officio d the director general of health services of the central government, ex officio e ten members to be appointed by the central government, two each from amongst i eminent medical geneticists 2 ii eminent gynaecologist and obstetrician or expert of striroga or prasutitantra. iii eminent paediatricians iv eminent social scientists and v representatives of women welfare organisations f three women members of parliament, of whom two shall be elected by the house of the people and one by the council of states g four members to be appointed by the central government by rotation to represent the states and the union territories, two in the alphabetical order and two in the reverse alphabetical order: provided that no appointment under this clause shall be made except on the recommendation of the state government or, as the case may be, the union territory h an officer, not below the rank of a joint secretary or equivalent of the central government, in charge of family welfare, who shall be the membersecretary, ex officio. 1 subs. by s. 10, ibid., for clause c w.e.f. . 2 subs. by s. 10, ibid., for subclause ii w.e.f. .

section 2. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : in this act, unless the context otherwise requires, a appropriate authority means the appropriate authority appointed under section 17 b board means the central supervisory board constituted under section 7 1 ba conceptus means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus bb embryo means a developing human organism after fertilisation till the end of eight weeks fiftysix days bc foetus means a human organism during the period of its development beginning on the fiftyseventh day following fertilisation or creation excluding any time in which its development has been suspended and ending at the birth c genetic counselling centre means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients d genetic clinic means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting prenatal diagnostic procedures. 2 explanation. for the purposes of this clause, genetic clinic includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used e genetic laboratory means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from genetic clinic for prenatal diagnostic test. 2 explanation. for the purposes of this clause, genetic laboratory includes a place where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used f gynaecologist means a person who possesses a postgraduate qualification in gynaecology and obstetrics 3 g medical geneticist includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and prenatal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining i any one of the medical qualifications recognised under the indian medical council act, of or ii a postgraduate degree in biological sciences h paediatrician means a person who possesses a postgraduate qualification in paediatrics 4 i prenatal diagnostic procedures means all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, embryo, blood or any other tissue or fluid of a man, or of a woman before or after conception, for being sent to a genetic laboratory or genetic clinic for conducting any type of analysis or prenatal diagnostic tests for selection of sex before or after conception j prenatal diagnostic techniques includes all prenatal diagnostic procedures and prenatal diagnostic tests 5 k prenatal diagnostic test means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex linked diseases l prescribed means prescribed by rules made under this act m registered medical practitioner means a medical practitioner who possesses any recognised medical qualification as defined in clause h of section 2 of the indian medical council act, of , and whose name has been entered in a state medical register n regulations means regulations framed by the board under this act 6 o sex selection includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex p sonologist or imaging specialist means a person who possesses any one of the medical qualifications recognised under the indian medical council act, of or who possesses a postgraduate qualification in ultrasonography or imaging techniques or radiology q state board means a state supervisory board or a union territory supervisory board constituted under section 16a r state government in relation to union territory with legislature means the administrator of that union territory appointed by the president under article 239 of the constitution. 1 ins. by act 14 of , s. 4 w.e.f. . 2 added by s. 4, ibid. w.e.f. . 3 subs. by act 14 of , s. 4, for clause g w.e.f. . 4 subs. by s. 4, ibid., for clause i w.e.f. . 5 subs. by s. 4, ibid., for clause k w.e.f. . 6 ins. by s. 4, ibid. w.e.f. .

section 3b., to persons, laboratories, etc. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 13b. prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under the act.no person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of the foetus to any genetic counselling centre, genetic laboratory, genetic clinic or any other person not registered under the act. 1 ins. by s. 6, ibid. w.e.f. .

section 4. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : on and from the commencement of this act, 1 no place including a registered genetic counselling centre or genetic laboratory or genetic clinic shall be used or caused to be used by any person for conducting prenatal diagnostic techniques except for the purposes specified in clause 2 and after satisfying any of the conditions specified in clause 3 2 no prenatal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely: i chromosomal abnormalities ii genetic metabolic diseases iii haemoglobinopathies iv sexlinked genetic diseases v congenital anomalies vi any other abnormalities or diseases as may be specified by the central supervisory board 1 3 no prenatal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely: i age of the pregnant woman is above thirtyfive years ii the pregnant woman has undergone two or more spontaneous abortions or foetal loss iii the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals iv the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease v any other condition as may be specified by the board: provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography 4 no person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any prenatal diagnostic techniques on her except for the purposes specified in clause 2 5 no person including a relative or husband of a woman shall seek or encourage the conduct of any sex selection technique on her or him or both. 1 subs. by s. 7, ibid., for clauses 3 and 4 w.e.f. .

section 8. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the term of office of a member, other than an ex officio member, shall be, a in case of appointment under clause e or clause f of subsection 2 of section 7, three years: 1 2 provided that the term of office of a member elected under clause f of subsection 2 of section 7 shall come to an end as soon as the member becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states or ceases to be a member of the house from which she was elected and b in case of appointment under clause g of the said subsection, one year. 2 if a casual vacancy occurs in the office of any other members, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the central government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. 3 the vicechairman shall perform such functions as may be assigned to him by the chairman from time to time. 4 the procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed. 1. the word and omitted by act 32 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 9. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the board shall meet at such time and place, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings as may be provided by regulations: provided that the board shall meet at least once in six months. 2 the chairman and in his absence the vicechairman shall preside at the meetings of the board. 3 if for any reason the chairman or the vicechairman is unable to attend any meeting of the board, any other member chosen by the members present at the meeting shall preside at the meeting. 4 all questions which come up before any meeting of the board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote. 5 members other than ex officio members shall receive such allowances, if any, from the board as may be prescribed.

section 15. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such member: 1 provided that no member other than an ex officio member shall be appointed for more than two consecutive terms. 1 ins. by s. 12, ibid. w.e.f. .

section 11. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this act. 2 a person associated with it by the board under subsection 1 for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the board and shall not be a member for any other purpose.

section 10., not to invalidate proceedings of the board. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : no act or proceeding of the board shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the board or b any defect in the appointment of a person acting as a member of the board or c any irregularity in the procedure of the board not affecting the merits of the case.

section 12. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 for the purpose of enabling it efficiently to discharge its functions under this act, the board may, subject to such regulations as may be made in this behalf, appoint whether on deputation or otherwise such number of officers and other employees as it may consider necessary: provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the central government. 2 every officer or other employee appointed by the board shall be subject to such conditions of service and shall be entitled to such remuneration as may be specified in the regulations.

section 13. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : all orders and decisions of the board shall be authenticated by the signature of the chairman or any other member authorised by the board in this behalf, and all other instruments issued by the board shall be authenticated by the signature of the membersecretary or any other officer of the board authorised in like manner in this behalf.

section 14. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : a person shall be disqualified for being appointed as a member if, he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a corporation owned or controlled by the government or e has, in the opinion of the central government, such financial or other interest in the board as is likely to affect prejudicially the discharge by him of his functions as a member or 1 f has, in the opinion of the central government, been associated with the use or promotion of prenatal diagnostic technique for determination of sex or with any sex selection technique. 1 subs. by act 14 of , s. 11, for clause f w.e.f. .

section 21. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : the genetic counselling centre, genetic laboratory or genetic clinic may, within thirty days from the date of receipt of the order of suspension or cancellation of registration passed by the appropriate authority under section 20, prefer an appeal against such order to i the central government, where the appeal is against the order of the central appropriate authority and ii the state government, where the appeal is against the order of the state appropriate authority, in the prescribed manner.

section 16. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 16. functions of the board. the board shall have the following functions, namely: i to advise the central government on policy matters relating to use of prenatal diagnostic techniques, sex selection techniques and against their misuse ii to review and monitor implementation of the act and rules made thereunder and recommend to the central government changes in the said act and rules iii to create public awareness against the practice of preconception sex selection and prenatal determination of sex of foetus leading to female foeticide iv to lay down code of conduct to be observed by persons working at genetic counselling centres, genetic laboratories and genetic clinics v to oversee the performance of various bodies constituted under the act and take appropriate steps to ensure its proper and effective implementation vi any other functions as may be prescribed under the act. 1 subs. by s. 13, ibid., for section 16 w.e.f. .

section 16a. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 16a. constitution of state supervisory board and union territory supervisory board.1 each state and union territory having legislature shall constitute a board to be known as the state supervisory board or the union territory supervisory board, as the case may be, which shall have the following functions: i to create public awareness against the practice of preconception sex selection and prenatal determination of sex of the foetus leading to female foeticide in the state ii to review the activities of the appropriate authorities functioning in the state and recommend appropriate action against them iii to monitor the implementation of provisions of the act and the rules and make suitable recommendations relating thereto, to the board iv to send such consolidated reports as may be prescribed in respect of the various activities undertaken in the state under the act to the board and the central government and v any other functions as may be prescribed under the act. 2 the state board shall consist of, a the minister in charge of health and family welfare in the state, who shall be the chairperson, ex officio b secretary in charge of the department of health and family welfare who shall be the vicechairperson, ex officio c secretaries or commissioners in charge of departments of women and child development, social welfare, law and indian system of medicines and homoeopathy, ex officio, or their representatives d director of health and family welfare or indian system of medicines and homoeopathy of the state government, ex officio e three women members of legislative assembly or legislative council f ten members to be appointed by the state government out of which two each shall be from the following categories, i eminent social scientists and legal experts ii eminent women activists from non governmental organisations or otherwise iii eminent gynaecologists and obstetricians or experts of striroga or prasutitantra iv eminent paediatricians or medical geneticists v eminent radiologists or sonologists g an officer not below the rank of joint director in charge of family welfare, who shall be the member secretary, ex officio. 3 the state board shall meet at least once in four months. 4 the term of office of a member, other than an ex officio member, shall be three years. 5 if a vacancy occurs in the office of any member other than an ex officio member, it shall be filled by making fresh appointment. 6 if a member of the legislative assembly or member of the legislative council who is a member of the state board, becomes minister or speaker or deputy speaker of the legislative assembly or chairperson or deputy chairperson of the legislative council, she shall cease to be a member of the state board. 7 onethird of the total number of members of the state board shall constitute the quorum. 8 the state board may coopt a member as and when required, provided that the number of coopted members does not exceed onethird of the total strength of the state board. 9 the coopted members shall have the same powers and functions as other members, except the right to vote and shall abide by the rules and regulations. 10 in respect of matters not specified in this section, the state board shall follow procedures and conditions as are applicable to the board. 1 ins. by act 14 of , s. 14 w.e.f. .

section 18. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 1 no person shall open any genetic counselling centre, genetic laboratory or genetic clinic, including clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to any of them, after the commencement of the prenatal diagnostic techniques regulation and prevention of misuse amendment act, 14 of unless such centre, laboratory or clinic is duly registered under the act. 2 every application for registration under subsection 1, shall be made to the appropriate authority in such form and in such manner and shall be accompanied by such fees as may be prescribed. 3 every genetic counselling centre, genetic laboratory or genetic clinic engaged, either partly or exclusively, in counselling or conducting prenatal diagnostic techniques for any of the purposes mentioned in section 4, immediately before the commencement of this act, shall apply for registration within sixty days from the date of such commencement. 4 subject to the provisions of section 6, every genetic counselling centre, genetic laboratory or genetic clinic engaged in counselling or conducting prenatal diagnostic techniques shall cease to conduct any such counselling or technique on the expiry of six months from the date of commencement of this act unless such centre, laboratory or clinic has applied for registration and is so registered separately or jointly or till such application is disposed of, whichever is earlier. 5 no genetic counselling centre, genetic laboratory or genetic clinic shall be registered under this act unless the appropriate authority is satisfied that such centre, laboratory or clinic is in a position to provide such facilities, maintain such equipment and standards as may be prescribed. 1 subs. by act 14 of , s. 17, for subsection 1 w.e.f. .

section 20. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the appropriate authority may suo motu, or on complaint, issue a notice to the genetic counselling centre, genetic laboratory or genetic clinic to show cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice. 2 if, after giving a reasonable opportunity of being heard to the genetic counselling centre, genetic laboratory or genetic clinic and having regard to the advice of the advisory committee, the appropriate authority is satisfied that there has been a breach of the provisions of this act or the rules, it may, without prejudice to any criminal action that it may take against such centre, laboratory or clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be. 3 notwithstanding anything contained in subsections 1 and 2, if the appropriate authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any genetic counselling centre, genetic laboratory or genetic clinic without issuing any such notice referred to in subsection 1.

section 17a. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 17a. powers of appropriate authorities.the appropriate authority shall have the powers in respect of the following matters, namely: a summoning of any person who is in possession of any information relating to violation of the provisions of this act or the rules made thereunder b production of any document or material object relating to clause a c issuing search warrant for any place suspected to be indulging in sex selection techniques or prenatal sex determination and d any other matter which may be prescribed. 1. ins. by s. 16, ibid. w.e.f. .

section 17. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the central government shall appoint, by notification in the official gazette, one or more appropriate authorities for each of the union territories for the purposes of this act. 2 the state government shall appoint, by notification in the official gazette, one or more appropriate authorities for the whole or part of the state for the purposes of this act having regard to the intensity of the problem of prenatal sex determination leading to female foeticide. 3 the officers appointed as appropriate authorities under subsection 1 or subsection 2 shall be, 1 a when appointed for the whole of the state or the union territory, consisting of the following three members i an officer of or above the rank of the joint director of health and family welfarechairperson ii an eminent woman representing womens organisation and iii an officer of law department of the state or the union territory concerned: provided that it shall be the duty of the state or the union territory concerned to constitute multimember state or union territory level appropriate authority within three months of the coming into force of the prenatal diagnostic techniques regulation and prevention of misuse amendment act, 14 of : provided further that any vacancy occurring therein shall be filled within three months of the occurrence. b when appointed for any part of the state or the union territory, of such other rank as the state government or the central government, as the case may be, may deem fit. 4 the appropriate authority shall have the following functions, namely: a to grant, suspend or cancel registration of a genetic counselling centre, genetic laboratory or genetic clinic b to enforce standards prescribed for the genetic counselling centre, genetic laboratory and genetic clinic c to investigate complaints of breach of the provisions of this act or the rules made thereunder and take immediate action and d to seek and consider the advice of the advisory committee, constituted under subsection 5, on application for registration and on complaints for suspension or cancellation of registration 2 e to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter f to create public awareness against the practice of sex selection or prenatal determination of sex g to supervise the implementation of the provisions of the act and rules h to recommend to the board and state boards modifications required in the rules in accordance with changes in technology or social conditions i to take action on the recommendations of the advisory committee made after investigation of complaint for suspension or cancellation of registration. 5 the central government or the state government, as the case may be, shall constitute an advisory committee for each appropriate authority to aid and advise the appropriate authority in the discharge of its functions, and shall appoint one of the members of the advisory committee to be its chairman. 6 the advisory committee shall consist of a three medical experts from amongst gynaecologists, obstericians, paediatricians and medical geneticists b one legal expert c one officer to represent the department dealing with information and publicity of the state government or the union territory, as the case may be d three eminent social workers of whom not less than one shall be from amongst representatives of womens organisations. 3 7 no person who has been associated with the use or promotion of prenatal diagnostic techniques for determination of sex or sex selection shall be appointed as a member of the advisory committee. 8 the advisory committee may meet as and when it thinks fit or on the request of the appropriate authority for consideration of any application for registration or any complaint for suspension or cancellation of registration and to give advice thereon: provided that the period intervening between any two meetings shall not exceed the prescribed period. 9 the terms and conditions subject to which a person may be appointed to the advisory committee and the procedure to be followed by such committee in the discharge of its functions shall be such as may be prescribed. 1 subs. by act 14 of , s. 15, for clause a w.e.f. . 2 ins. by act 14 of , s. 15 w.e.f. . 3 subs. by s. 15, ibid., for subsection 7 w.e.f.

section 19. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 the appropriate authority shall, after holding an inquiry and after satisfying itself that the applicant has complied with all the requirements of this act and the rules made thereunder and having regard to the advice of the advisory committee in this behalf, grant a certificate of registration in the prescribed form jointly or separately to the genetic counselling centre, genetic laboratory or genetic clinic, as the case may be. 2 if, after the inquiry and after giving an opportunity of being heard to the applicant and having regard to the advice of the advisory committee, the appropriate authority is satisfied that the applicant has not complied with the requirements of this act or the rules, it shall, for reasons to be recorded in writing, reject the application for registration. 3 every certificate of registration shall be renewed in such manner and after such period and on payment of such fees as may be prescribed. 4 the certificate of registration shall be displayed by the registered genetic counselling centre, genetic laboratory or genetic clinic in a conspicuous place at its place of business.

section 27. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : every offence under this act shall be cognizable, nonbailable and noncompoundable.

section 23. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a genetic counselling centre, a genetic laboratory or a genetic clinic or is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees. 12 the name of the registered medical practitioner shall be reported by the appropriate authority to the state medical council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the council for a period of five years for the first offence and permanently for the subsequent offence. 3 any person who seeks the aid of any genetic counselling centre, genetic laboratory, genetic clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting prenatal diagnostic techniques on any pregnant women for the purposes other than those specified in subsection 2 of section 4, he shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. 4 for the removal of doubts, it is hereby provided that the provisions of subsection 3 shall not apply to the woman who was compelled to undergo such diagnostic techniques or such selection. 1 subs. by s. 19, ibid., for subsections 2 and 3 w.e.f. .

section 29. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 all records, charts, forms, reports, consent letters and all other documents required to be maintained under this act and the rules shall be preserved for a period of two years or for such period as may be prescribed: provided that, if any criminal or other proceedings are instituted against any genetic counselling centre, genetic laboratory or genetic clinic, the records and all other documents of such centre, laboratory or clinic shall be preserved till the final disposal of such proceedings. 2 all such records shall, at all reasonable times, be made available for inspection to the appropriate authority or to any other person authorised by the appropriate authority in this behalf.

section 24. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 24. presumption in the case of conduct of prenatal diagnostic techniques. notwithstanding anything contained in the indian evidence act, 1 of , the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo prenatal diagnostic technique for the purposes other than those specified in subsection 2 of section 4 and such person shall be liable for abetment of offence under subsection 3 of section 23 and shall be punishable for the offence specified under that section. 1 subs. by act 14 of , s. 20, for section 24 w.e.f. .

section 22. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 22. prohibition of advertisement relating to preconception and prenatal determination of sex and punishment for contravention. 1 no person, organisation, genetic counselling centre, genetic laboratory or genetic clinic including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of the foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including internet, regarding facilities of prenatal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place. 2 no person or organisation including genetic counselling centre, genetic laboratory or genetic clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding prenatal determination or preconception selection of sex by any means whatsoever, scientific or otherwise. 3 any person who contravenes the provisions of subsection 1 or subsection 2 shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees. explanation.for the purposes of this section, advertisement includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wallpainting, signal, light, sound, smoke or gas. 1 subs. by act 14 of , s. 18, for section 22 w.e.f.

section 25. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : whoever contravenes any of the provisions of this act or any rules made thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

section 26. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 where any offence, punishable under this act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence punishable under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals, and b director, in relation to a firm, means a partner in the firm.

section 28. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 no court shall take cognizance of an offence under this act except on a complaint made by a the appropriate authority concerned, or any officer authorised in this behalf by the central government or state government, as the case may be, or the appropriate authority or b a person who has given notice of not less than 1fifteen days in the manner prescribed, to the appropriate authority, of the alleged offence and of his intention to make a complaint to the court. explanation. for the purpose of this clause, person includes a social organisation. 2 no court other than that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 3 where a complaint has been made under clause b of subsection 1, the court may, on demand by such person, direct the appropriate authority to make available copies of the relevant records in its possession to such person. 1 subs. by s. 21, ibid., for thirty days w.e.f. .

section 31. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : no suit, prosecution or other legal proceeding shall lie against the central or the state government or the appropriate authority or any officer authorised by the central or state government or by the authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 30. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 1 if the appropriate authority has reason to believe that an offence under this act has been or is being committed at any genetic counselling centre, genetic laboratory, genetic clinic or any other place, such authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officer considers necessary, such genetic counselling centre, genetic laboratory, genetic clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this act. 2 the provisions of the code of criminal procedure, 2 of relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this act. 1 subs. by act 14 of , s. 22, for subsection 1 w.e.f. .

section 31a. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : 1 31a. removal of difficulties. 1 if any difficulty arises in giving effect to the provisions of the prenatal diagnostic techniques regulation and prevention of misuse amendment act, 14 of , the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of the said act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of three years from the date of commencement of the prenatal diagnostic techniques regulation and prevention of misuse amendment act, 14 of . 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament. 1. ins. by s. 23, ibid. w.e.f. .

section 34. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 32. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : show related subordinates 1 the central government may make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for 1 i the minimum qualifications for persons employed at a registered genetic counselling centre, genetic laboratory or genetic clinic under clause 2 of section 3 ia the manner in which the person conducting ultrasonography on a pregnant woman shall keep record thereof in the clinic under the proviso to subsection 3 of section 4 ii the form in which consent of a pregnant woman has to be obtained under section 5 iii the procedure to be followed by the members of the central supervisory board in the discharge of their functions under subsection 4 of section 8 iv allowances for members other than ex officio members admissible under subsection 5 of section 9 2 iva code of conduct to be observed by persons working at genetic counselling centres, genetic laboratories and genetic clinics to be laid down by the central supervisory board under clause iv of section 16 ivb the manner in which reports shall be furnished by the state and union territory supervisory boards to the board and the central government in respect of various activities undertaken in the state under the act under clause iv of subsection 1 of section 16a ivc empowering the appropriate authority in any other matter under clause d of section 17a v the period intervening between any two meetings of the advisory committee under the proviso to subsection 8 of section 17 vi the terms and conditions subject to which a person may be appointed to the advisory committee and the procedure to be followed by such committee under subsection 9 of section 17 vii the form and manner in which an application shall be made for registration and the fee payable thereof under subsection 2 of section 18 viii the facilities to be provided, equipment and other standards to be maintained by the genetic counselling centre, genetic laboratory or genetic clinic under subsection 5 of section 18 ix the form in which a certificate of registration shall be issued under subsection 1 of section 19 x the manner in which and the period after which a certificate of registration shall be renewed and the fee payable for such renewal under subsection 3 of section 19 xi the manner in which an appeal may be preferred under section 21 xii the period up to which records, charts, etc., shall be preserved under subsection 1 of section 29 xiii the manner in which the seizure of documents, records, objects, etc., shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody such documents, records or objects were seized under subsection 1 of section 30 xiv any other matter that is required to be, or may be, prescribed. 1 subs. by s. 24, ibid., for clause i w.e.f. . 2 ins. by act 14 of , s. 24 w.e.f. .

section 33. of the preconception and prenatal diagnostic techniques prohibition of sex selection act : show related subordinates the board may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with the provisions of this act and the rules made thereunder to provide for a the time and place of the meetings of the board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under subsection 1 of section 9 b the manner in which a person may be temporarily associated with the board under subsection 1 of section 11 c the method of appointment, the conditions of service and the scales of pay and allowances of the officer and other employees of the board appointed under section 12 d generally for the efficient conduct of the affairs of the board.

section 8. of the betwa river board act : 1 subject to the rules, the board may appoint such officers and employees as it may deem necessary for the efficient discharge of its functions: provided that the board shall, as far as practicable, utilise the services of the officers and employees offered by the governments of madhya pradesh and uttar pradesh in such a manner that equal representation is given to the two states. 2 the terms and conditions of service of the officers and employees of the board shall be such as may be determined by regulations.

section 1. of the betwa river board act : 1 this act may be called the betwa river board act, . 2 it shall come into force on such date1 as the central government may, after consultation with the governments of madhya pradesh and uttar pradesh, by notification in the official gazette, appoint. 1. 25th october, , vide notification no. g.s.r. e, dated 14th october, , see gazette of india, extraordinary, part ii, sec. 3i

section 7. of the betwa river board act : 1 the central government may, after consultation with the governments of madhya pradesh and uttar pradesh, appoint an engineer to be the chief engineer of the board and to be known as the chief engineer, rajghat dam project, and a financial adviser, and a secretary, to the board from amongst the officers of the governments of madhya pradesh and uttar pradesh: provided that the central government shall, so far as practicable, ensure that officers from the same state do not hold the posts of chief engineer and secretary at the same time: 1provided further that the central government may, with the concurrence of the governments of madhya pradesh and uttar pradesh, appoint an officer of the central government as the financial adviser. 2 subject to the general superintendence and control of the board and the executive committee, the chief engineer of the board appointed under subsection 1 shall be the chief executive officer of the board and shall exercise and discharge a such powers and duties as may be prescribed or as may be delegated to him by the board b such other powers and duties as may be determined by regulations. 3 the financial adviser appointed under subsection 1 shall be the chief accounts officer of the board. 4 the terms and conditions of service of the chief engineer of the board, and of the financial adviser, and the secretary, to the board shall be such as may be prescribed. 1. ins. by act 47 of , s. 3 w.e.f. .

section 2. of the betwa river board act : it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of the interstate betwa river and river valley to the extent hereinafter provided.

section 9. of the betwa river board act : subject to the rules, the board may from time to time, constitute one or more advisory committees to assist the board and the executive committee in the efficient discharge of their functions.

section 4. of the betwa river board act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act, a board to be called the betwa river board. 2 the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the union minister in charge of irrigation shall be the chairman of the board and the other members of the board shall be the following, namely: 1a where the same union minister is not in charge of both irrigation and power, the union minister in charge of power or such minister or deputy minister in the union ministry or department in charge of power as may be specified in this behalf by the union minister in charge of power b the chief ministers of madhya pradesh and uttar pradesh and c the ministers of madhya pradesh and uttar pradesh in charge of finance, irrigation and power: provided that when a proclamation made under article 356 of the constitution is in force in relation to the state of madhya pradesh or uttar pradesh, the central government may appoint three persons to represent such state on the board and the persons so appointed shall vacate their offices upon the revocation or cesser of operation of such proclamation. 4 the board may permit any officer of the central government or the government of madhya pradesh or uttar pradesh to attend any of its meetings and take part in the proceedings but such officer shall not be entitled to vote. 5 the board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purpose for which he has been associated, but shall not be entitled to vote. 1. subs. by act 47 of , s. 2, for clauses a and b w.e.f. .

section 6., not to invalidate proceedings of the board or the executive committee. of the betwa river board act : no act or proceeding of the board or the executive committee shall be invalidated by reason of a any vacancy in the board or the executive committee b any defect in the composition of, or in any appointment to, the board or the executive committee c any irregularity in the procedure of the board or the executive committee not affecting the merits of the case.

section 3. of the betwa river board act : in this act, unless the context otherwise requires, a board means the betwa river board established under section 4 b chairman means the chairman of the board c executive committee means the executive committee constituted under section 5 d member means a member of the board and includes the chairman e prescribed means prescribed by rules made by the central government under section 22 f rajghat dam means the dam described in the schedule g 1rani laxmibai sagar means the reservoir created by the construction of the rajghat dam h regulations means regulations made by the board under section 23 i rules means rules made by the central government under section 22. 1. subs. by act 49 of , s. 2, for rajghat reservoir w.e.f. .

section 5. of the betwa river board act : 1 the central government may, by notification in the official gazette, constitute an executive committee consisting of officers of that government and officers of the governments of madhya pradesh and uttar pradesh. 2 the composition of the executive committee shall be such as may be prescribed: provided that a an officer of the central government shall be the chairman of the committee b the governments of madhya pradesh and uttar pradesh shall have equal representation. 3 subject to the general superintendence and control of the board, the management of the affairs of the board shall vest in the executive committee and the chairman and other members of the committee shall assist the board in such manner as the board may require. 4 subject to the rules, and to the directions of the board, the executive committee may exercise any power and do any act or thing which may be exercised or done by the board. 5 the procedure to be followed by the executive committee and all other matters relating to the executive committee shall be such as may be prescribed.

section 10. of the betwa river board act : subject to the other provisions of this act and the rules, the board may, if satisfied that the governments of madhya pradesh and uttar pradesh have complied with or arranged to comply with the conditions specified in section 11, a carry out surveys and investigations in the betwa interstate river valley and prepare a comprehensive project report for the construction of rajghat dam and appurtenant works 1and for the generation of power at rajghat dam, including the construction of a power house hereinafter referred to as the rajghat power house near the dam and appurtenant works and finalise the same after consulting the governments of madhya pradesh and uttar pradesh and taking into account the suggestions if any made by those governments b prepare detailed reports and estimates in respect of the project and allocate the cost among the governments of madhya pradesh and uttar pradesh c draw up standards and specifications for implementation of the project and for the maintenance thereof d construct the rajghat dam 1and the rajghat power house and the common carrier from the dam to irrigate areas in madhya pradesh and uttar pradesh e lay down rules of operation and management of rajghat dam f perform any other function which is supplemental, incidental, or consequential to all or any of the functions specified in clauses a to e. 1. ins. by s. 4, ibid. w.e.f. .

section 11. of the betwa river board act : 1 the exercise by the board of the functions specified in section 10 shall be subject to the following conditions, namely: i that the governments of madhya pradesh and uttar pradesh shall at all times make, to the satisfaction of the board, suitable provisions as to the moneys, land facilities and electrical power for construction and all other things required by the board ii that the liability for the entire expenditure on the 1rajghat dam and rajghat power house including appurtenant works and on the generation of power at rajghat dam and all other expenditure incurred by the board in the discharge of its functions shall be shared by the governments of madhya pradesh and uttar pradesh in such proportion as may be specified by the board: provided that the board may specify different proportions for different works or matters having regard to the benefits which may accrue to the states and other relevant factors iii that the governments of madhya pradesh and uttar pradesh shall extend full cooperation to the board and shall in particular make available to the board the land and electric power required by it for construction purposes as expeditiously as possible. 2 for the purposes of clause ii of subsection 1, the expenditure on the rajghat dam shall include the expenditure incurred by the government of uttar pradesh on the rajghat dam project before the establishment of the board and the board shall determine the amount of expenditure so incurred by the government of uttar pradesh and the extent to which it shall be reimbursed by the government of madhya pradesh. 1. subs. by act 47 of , s. 5, for rajghat dam including appurtenantworks w.e.f. .

section 12. of the betwa river board act : 1 subject to the provisions of this act and the rules, the board shall have the power to do anything which may be necessary or expedient for the purpose of carrying out its functions under this act. 2 without prejudice to the generality of the foregoing provision, such power shall include the powers a to acquire, hold and dispose of such properties both movable and immovable as the board deems necessary b to publish statistics or other information relating to the various aspects of flood control and drainage in the betwa river valley 1, the regulation of 2rani laxmibai sagar and the generation of power at rajghat dam c to require the governments of uttar pradesh and madhya pradesh to furnish such information as the board may require in the discharge of its functions. 1. subs. by s. 6, ibid., for and the regulation of rajghat reservoir w.e.f. . 2. subs. by act 49 of , s. 3, for rajghat reservoir w.e.f. .

section 17. of the betwa river board act : in the discharge of its functions, the board shall be guided by such directions and instructions on questions of policy as may be given to it by the central government.

section 13. of the betwa river board act : 1 there shall be constituted a fund to be called the betwa river board fund and there shall be credited thereto the sums paid to the board by the governments of madhya pradesh and uttar pradesh and all other sums received by the board. 2 the fund shall be applied a for meeting the salaries, allowances and other remuneration of the officers and other employees of the board and other administrative expenses of the board b for meeting the expenditure on surveys and investigations undertaken by the board c for meeting the cost of construction of the 1rajghat dam, the rajghat power house and appurtenant works d for meeting the other expenses of the board in the discharge of its functions under this act. 1. subs. by act 47 of , s. 7, for rajghat dam and appurtenant works w.e.f. .

section 14. of the betwa river board act : the board shall prepare in such form and at such time each year as may be prescribed its budget for the next financial year showing the estimated expenditure, the amount of expenditure which the state governments of madhya pradesh and uttar pradesh have undertaken to provide for and forward the same to the central government and the said state governments.

section 16. of the betwa river board act : the accounts of the board shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed.

section 15. of the betwa river board act : 1 the board shall prepare in such form and at such time each year as may be prescribed its annual report giving a full account of its activities during the previous year and forward copies thereof to the central government and that government shall cause the same to be laid before each house of parliament. 2 the board shall forward copies of its annual reports to the governments of madhya pradesh and uttar pradesh.

section 19. of the betwa river board act : subject to any rules made in this behalf, any officer of the board generally or specially authorised by the board in this behalf may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any works or of making any surveys, examination or investigation, preliminary or incidental to the exercise of any power or the performance of any function by the board under this act: provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days notice in writing of his intention to do so.

section 24. of the betwa river board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 21. of the betwa river board act : 1 no suit, prosecution or other legal proceedings shall lie against the central government or the government of madhya pradesh or uttar pradesh or any member of the board or the executive committee or any officer or employee of the board for anything which is in good faith done or intended to be done under this act or the rules or regulations. 2 no suit or other legal proceedings shall lie against the board for any damage caused or likely to be caused by anything in good faith done or purported to be done under this act or the rules or regulations and, in particular, it shall not be the responsibility of the board to provide for relief measures necessitated by floods or by breaches and failure of works.

section 18. of the betwa river board act : if any dispute arises between the board and the government of madhya pradesh or uttar pradesh or both regarding any matter covered by this act or touching or arising out of it, it shall be referred to the central government and the decision of the central government shall be final and binding on the board and the said governments.

section 20. of the betwa river board act : all members of the board and the executive committee and all officers and employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 22. of the betwa river board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the composition of, and the procedure to be followed, by the executive committee and all other matters relating to the executive committee, under subsections 2 and 5 of section 5 b the powers and duties which may be exercised or discharged by the chief engineer of the board, under clause a of subsection 2 of section 7 c the terms and conditions of service of the chief engineer of, and the financial adviser and the secretary to, the board, under subsection 4 of section 7 d appointment of officers and employees of the board, under subsection 1 of section 8 e the form in which and the time at which the budget and annual report of the board shall be prepared, under section 14, and subsection 1 of section 15 f the manner in which the accounts of the board shall be maintained and audited, under section 16 g the form and manner in which disputes may be referred under section 18 to the central government and the procedure to be followed by the central government for the settlement of such disputes.

section 23. of the betwa river board act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules, for enabling it to discharge its functions under this act. 2 without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which and the purposes for which the board may associate with itself any persons, under subsection 5 of section 4 b the powers which may be exercised and the duties which may be discharged by the chief engineer of the board, under subsection 2 b of section 7 c the terms and conditions of service of the officers other than the chief engineer of the board, financial adviser and secretary to the board and other employees of the board, under subsection 2 of section 8.

section 8. of the illegal migrants determination by tribunals act : 1 if any question arises as to whether any person is or is not an illegal migrant, the central government may, whether such question has arisen on a representation made by such person against any order under the foreigners act, 31 of requiring him not to remain in india or to any other effect or has arisen in any other manner whatsoever, refer such question to a tribunal for decision. 2 1 any person may make an application to the tribunal, for its decision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant: 2 provided that no such application shall be entertained by the tribunal unless the person in relation to whom the application is made is found, or resides, within the jurisdiction of the same police station wherein the applicant has the place of residence. 3 every application made under subsection 2 shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than 3 two persons residing within the jurisdiction of the same police station in which the person referred to in the application is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than 4 ten and not more than one hundred, rupees, as may be prescribed. 5 4 every reference under subsection 1 shall be made to the tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated: provided that where such person has no place of residence, the reference shall be made to the tribunal within the territorial limits of whose jurisdiction such person, is at the time of making such reference, found. 5 every application under subsection 2 shall be made to the tribunal within the territorial limits of whose jurisdiction the person named in such application is found or, as the case may be, has his place of residence, at the time of making such application. 1. the words, brackets and figure without prejudice to the power conferred on the central government by subsection 1 omitted by s. 4, ibid. w.e.f. . 2. subs. by s. 4, ibid., for the proviso w.e.f. . 3. subs. by act 24 of , s. 4, for two persons residing within three kilometres of the area w.e.f. . 4. subs. by s. 4, ibid., for twentyfive w.e.f. . 5. subs. by s. 4, ibid., for subsection 4 w.e.f. .

section 1. of the illegal migrants determination by tribunals act : this act may be called the illegal migrants determination by tribunals act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force in the state of assam on the 15th day of october, and in any other state on such date as the central government may, by notification in the official gazeette, appoint and different dates may be appointed for different states and references in this act to the commencement of this act shall be construed in relation to any state as references to the date of commencement of this act in such state.

section 2. of the illegal migrants determination by tribunals act : nothing in this act shall apply to or in relation to a any person who was in any state and who had been expelled from that state or india before the commencement of this act in that state or in relation to whose expulsion from such state or india any order made before such commencement under any other law is in force b any person detected as a foreigner at the time of his entry across any border of india c any foreigner who, having entered into india under a valid passport or travel document, continued to remain therein after the expiry of the period for which he was authorised to remain in india under such passport or travel document.

section 7. of the illegal migrants determination by tribunals act : the central government shall make available to every tribunal such staff as may be necessary for the discharge of its functions under this act.

section 3. of the illegal migrants determination by tribunals act : 1 in this act, unless the context otherwise requires, a appellate tribunal means an appellate tribunal established by the central government under subsection 1 of section 15 b foreigner has the same meaning as in the foreigners act, 31 of c illegal migrant means a person in respect of whom each of the following conditions is satisfied, namely: i he has entered into india on or after the 25th day of march, , ii he is a foreigner, iii he has entered into india without being in possession of a valid passport or other travel document or any other lawful authority in that behalf d notification means a notification published in the official gazette e prescribed means prescribed by rules made under this act f tribunal means a tribunal established by the central government under subsection 1 of section 5. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 8a. of the illegal migrants determination by tribunals act : 18a. application to the central government for reference. 1 any person may make an application to the central government, for decision by a tribunal, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant, and where any such application is received by the central government, it may, on the basis of any information in its possession or after making such inquiry as it deems fit, reject the application on the ground that the application is frivolous or vexatious or it does not comply with the requirements of this section or refer such application to a tribunal for decision. 2 every application made under subsection 1 shall be made in such form and in such manner as may be prescribed and shall be accompanied by a declaration by another person residing within the jurisdiction of the same revenue subdivision in which the applicant resides in such form as may be prescribed to the effect that the particulars mentioned in the application are true to his knowledge, information and belief: provided that no person shall make more than ten such applications or more than ten such declarations. 3 every reference under subsection 1 shall be made to the tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated: provided that where such person has no place of residence, the reference shall be made to the tribunal within the territorial limits of whose jurisdiction such person is, at the time of making such reference, found. 1. ins. by s. 5, ibid. w.e.f. .

section 9. of the illegal migrants determination by tribunals act : every tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses and examining them on oath b discovery and production of any document c reception of evidence on affidavits d requisitioning of public records from any court or office e issuing of any commission for the examination of witnesses.

section 5. of the illegal migrants determination by tribunals act : 1 the central government may, by notification, establish, for the purposes of this act, as many illegal migrants determination tribunals as it may deem necessary and specify the principal place of sitting of, and the territorial limits within which, each such tribunal shall exercise its jurisdiction. 2 no person shall be appointed as a member of any such tribunal unless he is or has been a district judge or an additional district judge in any state. 3 each tribunal shall consist of 1 two members. 4 on the establishment of a tribunal, the central government shall appoint one of the members thereof as the chairman of such tribunal. 5 each tribunal shall sit in its principal place of sitting and in such other place or places as its chairman may, from time to time, appoint. 1. subs. by act 24 of , s. 2, for three members w.e.f. .

section 6. of the illegal migrants determination by tribunals act : if, for any reason, any vacancy occurs in the office of the chairman or 1 the member of a tribunal, the central government may fill the vacancy by appointing any person who fulfils the qualifications specified in subsection 2 of section 5, as the chairman, or, as the case may be, member of such tribunal. 1. subs. by s. 3, ibid., for any other member w.e.f. .

section 4. of the illegal migrants determination by tribunals act : 1 the provisions of this act or of any rule or order made thereunder shall have effect notwithstanding anything contained in the passport entry into india act, 34 of or the foreigners act, 31 of or the immigrants expulsion from assam act, 10 of or the passports act, 15 of or any rule or order made under any of the said acts and in force for the time being. 2 in particular and without prejudice to the generality of the provisions of subsection 1, nothing in the proviso to section 2 of the immigrants expulsion from assam act, 10 of shall apply to or in relation to an illegal migrant as defined in clause c of subsection 1 of section 3.

section 10. of the illegal migrants determination by tribunals act : on receipt of a reference under subsection 1 of 1 section 8 or subsection 1 of section 8a the tribunal shall serve on the person named in such reference, a notice, accompanied by a copy of such reference, calling upon him to make, within a period of thirty days from the date of receipt of such notice, such representation with regard to the averments made in the reference, and to produce such evidence as he may think fit in support of his defence: provided that if the tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify. 1. subs. s. 6, ibid., for section 8 w.e.f. .

section 17. of the illegal migrants determination by tribunals act : 117. power of superintendence by appellate tribunal. 1 every appellate tribunal shall have superintendence over all the tribunals in the state. 2 without prejudice to the generality of the foregoing provisions, the appellate tribunal may a call for returns from any tribunal b make general rules and specify forms for regulating the practice and proceedings of tribunals and c specify the forms in which books, entries and accounts shall be kept by the officers of tribunals. 1. subs. by s. 12, ibid., for section 17 w.e.f. .

section 12. of the illegal migrants determination by tribunals act : 1 the tribunal to which a reference has been made under 1 section 8 or section 8a, or to which an application has been made under section 8, shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after hearing such persons as it may deem appropriate, by order, decide the question as to whether the person named in such reference or application, as the case may be, is or is not an illegal migrant: provided that where for the determination of such question in any case the decision on any issue renders any decision on any other issue or issues unnecessary, the tribunal may not decide such other issue or issues. 2 2 where the members of the tribunal differ in their opinion on any point, the chairman of the tribunal shall state the point or points on which they differ and make a reference to the president of the appellate tribunal which exercises jurisdiction in relation to the tribunal who shall refer the case for hearing on such point or points by a member of another tribunal under its jurisdiction and such point or points shall be decided according to the opinion of that member and such decision shall be deemed to be the decision of the tribunal. 3 the tribunal shall send a copy of every order passed by it to the prescribed authority 3 or authorities and to the parties to the reference, or the application, as the case may be. 4 every order passed under subsection 1 shall, subject to the decision of the appellate tribunal, be final and shall not be called in question in any court. 1. subs. by act 24 of , s. 7, for section 8, or to which an application has been made under that section w.e.f. . 2. subs. by s. 7, ibid., for subsection 2 w.e.f. . 3. ins. by s. 7, ibid. w.e.f. .

section 11. of the illegal migrants determination by tribunals act : 1 on receipt of an application under subsection 2 of section 8, the tribunal shall issue a notice, accompanied by a copy of the application, to the prescribed authority calling upon it to furnish, after making such inquiry as that authority may deem fit, a report to the tribunal with regard to the averments made in the application. 2 if, on a consideration of the report made by the prescribed authority, the tribunal is satisfied that a the person named in the application is not an illegal migrant or that the application is frivolous of vexatious, or has not been made in good faith, the tribunal shall, after giving the applicant an opportunity to be heard, reject the application b there are reasonable grounds to believe that the person named in the application is an illegal migrant, the tribunal shall issue a notice accompanied by a copy of the application, to the person named in the application, calling upon him to make, within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think fit in support of his defence: provided that if the tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify.

section 13. of the illegal migrants determination by tribunals act : every reference made to a tribunal under 1section 8 or section 8a or application made to a tribunal under section 8 shall be inquired into as expeditiously as possible and every endeavour shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application. 1. subs. by s. 8, ibid., for section 8 or application made to a tribunal under that section w.e.f. .

section 14. of the illegal migrants determination by tribunals act : the central government, or any person, named in a reference or an application under section 8, or any applicant under subsection 2 of that section 1 or any person named in a reference under section 8a may, if it or he is not satisfied with any order made by a tribunal under section 12, prefer an appeal to the appellate tribunal against such order. 1. ins. by act 24 of , s. 9 w.e.f. .

section 15. of the illegal migrants determination by tribunals act : 1 the central government may, by notification, establish for each state in which this act is in force an appellate tribunal to be known as the illegal migrants determination appellate tribunal for deciding appeals preferred under section 14 against orders made by tribunals in the state and specify the principal place of sitting of such appellate tribunal. 2 no person shall be appointed as a member of an appellate tribunal unless he is or has been a judge of a high court. 3 an appellate tribunal shall consist of as many members, not being 1 less than two and more than six, as the central government may think fit. 4 the central government shall appoint one of the members of an appellate tribunal to be the president thereof. 5 an appellate tribunal shall sit in its principal place of sitting or any such other place or places as the president thereof may, from time to time, appoint. 6 the powers and functions of an appellate tribunal may be exercised and discharged by benches constituted by the president thereof from amongst the members thereof 2 which may either be single member benches or benches consisting of not less than two members. 7 the central government shall make available to every appellate tribunal such staff as may be necessary for the discharge of its functions under this act. 8 every memorandum of appeal to an appellate tribunal shall be made in such form and in such manner as may be prescribed, and, in the case of an appeal preferred by an applicant under subsection 2 of section 8, shall also be accompanied by such fee, not being less than twentyfive and more than one hundred rupees, as may be prescribed. 9 every appeal shall be preferred within thirty days from the date on which the order sought to be appealed against was communicated to the appellant: provided that the appellate tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days. 3 10 every appellate tribunal shall have the same powers as are vested in an appellate court under the code of civil procedure, 5 of , while hearing an appeal. 1. subs. by s. 10, bid., for less than three w.e.f. . 2. subs. by s. 10, ibid., for and each bench shall consist of not less than two members w.e.f. . 3. subs. by s. 10, ibid., for subsection 10 w.e.f. .

section 16. of the illegal migrants determination by tribunals act : 1 the appellate tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed against or may remand the case to the tribunal which had passed such order with such directions to that tribunal as the appellate tribunal may think fit, for fresh determination after taking additional evidence, if necessary. 2 where an appeal had been heard by the appellate tribunal and the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the president of such tribunal, and on receipt of such reference, the president of the tribunal shall arrange for the hearing of such point or points, or the appeal, by one or more of the members of the appellate tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majority of the members of the appellate tribunal, who have heard the appeal, including those who had first heard it. 1 3 the appellate tribunal shall send a copy of every order passed by it under subsection 1 to the parties to the appeal, to the tribunal concerned and to the prescribed authority or authorities. 4 2 every order passed under subsection 1, other than an order remanding the case, shall be final and no order passed under that subsection shall be called in question in any court. 1. subs. by act 24 of , s. 11, for subsection 3 w.e.f. . 2. the words and figures subject to the provisions of section 17 omitted by s. 11, ibid. w.e.f. .

section 18. of the illegal migrants determination by tribunals act : subject to the provisions of this act and the rules made thereunder, every tribunal and every appellate tribunal shall have the power to regulate its own procedure in all matters arising out of the exercise of its powers or for the discharge of its functions.

section 19. of the illegal migrants determination by tribunals act : every proceeding before a tribunal or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of and every such tribunal or appellate tribunal, as the case may be, shall be deemed to a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 24. of the illegal migrants determination by tribunals act : where in any suit or other legal proceeding pending, whether in a civil court or in any tribunal established under any other law for the time being in force, immediately before the commencement of this act, a question arises as to whether a person is or is not an illegal migrant, such court or tribunal shall, without deciding such question, make an order transferring such suit or other legal proceeding to the tribunal under this act within the territorial limits of whose jurisdiction such court or other tribunal is situate and on such transfer such question shall be dealt with by such tribunal in accordance with the provisions of this act.

section 21. of the illegal migrants determination by tribunals act : the central government may, by notification, direct that the powers and duties conferred or imposed on it by this act, other than the powers conferred by section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by a any officer subordinate to the central government b any state government or any officer subordinate to that government.

section 25. of the illegal migrants determination by tribunals act : any person who, a contravenes or attempts to contravene, or abets the contravention of, any order made under section 20 or b fails to comply with any direction given by any such order or c harbours any person who has contravened any order made under section 20 or has failed to comply with any direction given by any such order, 1 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than two thousand rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than two thousand rupees. 1. subs. by s. 15, ibid., for certain words w.e.f. .

section 20. of the illegal migrants determination by tribunals act : 11 where a person has been determined by a tribunal, or, as the case may be, by the appellate tribunal, to be an illegal migrant, the central government shall, by order served on such person, direct such person to remove himself from india within such time and by such route as may be specified in the order and may give such further directions in regard to his removal from india as it may consider necessary or expedient. 22 any police officer not below the rank of a superintendent of police shall have such powers as may be necessary, including the power to obtain a bond from any person for the due compliance of an order under subsection 1 and to arrest such person in the event of his failure to furnish such bond to the satisfaction of such police officer. 1. s. 20 renumbered as subsection 1 thereof by s. 13, ibid. w.e.f. . 2. ins. by s. 13, ibid. w.e.f. .

section 21a. of the illegal migrants determination by tribunals act : 121a. power to bind certain persons against whom complaint is made under the act. notwithstanding anything contained in any other law for the time being in force, it shall be lawful for a police officer not below the rank of a superintendent of police, if he is satisfied that the circumstances so require and for reasons to be recorded in writing, to direct any person against whom a reference or an application has been made under this act to enter into a bond with or without sureties for making himself available for the inquiry and observance of such restrictions or conditions as may be specified by such police officer: provided that if such person fails to enter into such bond he may be arrested and detained in such manner as may be prescribed. 1. ins. by act 24 of , s. 14 w.e.f. .

section 22. of the illegal migrants determination by tribunals act : any authority empowered by or in pursuance of the provisions of this act to exercise any power, may, in addition to any other action expressly provided for in this act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its opinion be reasonably necessary for the effective exercise of such power.

section 23. of the illegal migrants determination by tribunals act : where a tribunal or appellate tribunal has been established for any area for the purpose of determining whether a person is or is not an illegal migrant, no civil court shall have jurisdiction to entertain any question relating to that matter in that area and no injunction or any other order in respect of any action taken by, or before, the tribunal or appellate tribunal in respect of that matter shall be granted or made by any civil court.

section 27. of the illegal migrants determination by tribunals act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order to be published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house or parliament.

section 29. of the illegal migrants determination by tribunals act : 1 the illegal migrants determination by tribunals ordinance, 8 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 26. of the illegal migrants determination by tribunals act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 28. of the illegal migrants determination by tribunals act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the form and the manner in which an application may be made and the fee which shall accompany such application, as required by subsection 3 of section 8 1 aa the form and the manner in which an application, and the form in which a declaration, may be made under subsection 2 of section 8a 2 b the authority or authorities to be prescribed under sections 11, 12 and 16 c the form and the manner in which an appeal to the appellate tribunal may be preferred and the fee which shall accompany such appeal as required by subsection 8 of section 15 1 ca the manner of arrest and detention under the proviso to section 21a d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 24 of , s. 16 w.e.f. . 2. subs. by s. 16, ibid., for clause b w.e.f. .

section 8. of the university of allahabad act : 1 save as otherwise provided by this act, the powers conferred on the university shall be exercisable in respect of the area within a radius of sixteen kilometres from the convocation hall of the university, without prejudice to the territorial jurisdiction over the said area that may be assigned to any other university. 2 on and from the appointed day, all institutions admitted to the privileges of, or maintained by, the university of allahabad as incorporated under the uttar pradesh state universities act, presidents act 10 of shall stand admitted to the privileges of, or maintained by, the university and shall be governed by such conditions as may be prescribed by statutes.

section 1. of the university of allahabad act : 1 this act may be called the university of allahabad act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 14th july, , vide notification no. s.o. 978e, dated 11th july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the university of allahabad act : whereas the objects of the university of allahabad in the state of uttar pradesh are such as to make it an institution of national importance, it is hereby declared that the said university is an institution of national importance.

section 7. of the university of allahabad act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to confer honorary degrees or other distinctions in the manner prescribed by the statutes iv to organise and to undertake open learning programmes, extramural studies, training and extension services v to institute chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions, required by the university and to appoint persons to such chairs, principalships, professorships, readerships and lecturerships and other teaching and academic positions vi to recognise persons as university recognised teachers vii to declare persons working in any other university or organisation, as teachers of the university viii to appoint, on contract or otherwise, visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university ix to create administrative, ministerial and other posts and to make appointments thereto x to lay down conditions of service of all categories of employees, including their code of conduct xi to establish and maintain university colleges and university institutes for imparting instruction and conducting research xii to admit to its privileges colleges and institutions situated within the territorial jurisdiction of the university, as university colleges, constituent institutes and constituent colleges, and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes xiii to confer autonomous status on a college or an institution or a department, as the case may be, and to withdraw such status, in accordance with the statutes xiv to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner as may be prescribed and for such purposes as the university may determine xv to determine standards of admission, including examination, evaluation or any other method of testing, to the university, and the institutions maintained by or admitted to the privileges of the university xvi to demand and receive payment of fees and other charges xvii to establish and recognise hostels and supervise the residence of the students of the university, make arrangements for promoting their health and general welfare and guide the constituent colleges and the constituent institutes to like ends in respect of the students enrolled thereat xviii to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xix to institute and award fellowships, scholarships, studentships, medals and prizes xx to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes of the university: provided that no immovable property shall be disposed off except with the prior approval of the central government xxi to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university and xxii to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

section 4. of the university of allahabad act : 1 the university of allahabad in the state of uttar pradesh, established under the uttar pradesh state universities act, presidents act 10 of , shall be established as a body corporate under this act having perpetual succession and a common seal and shall sue and be sued by the said name. 2 the first chancellor, the first vicechancellor and the first members of the court, the executive council and the academic council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the university. 3 the headquarters of the university shall be at allahabad.

section 9. of the university of allahabad act : the university shall be open to all persons of either sex and of whatever caste, creed, race or class and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 3. of the university of allahabad act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the statutes c appointed day means the date of establishment of the university of allahabad under subsection 1 of section 4 d centre means a unit of the university or of a university institute providing teaching, consultancy and research facilities e chancellor means the chancellor of the university appointed under section 13 f constituent college means a college prescribed as such by the statutes g constituent institute means an institute prescribed as such by the statutes h court means the court of the university i department means a department of a faculty j director means the head of a university institute or constituent institute k employee means any person appointed by the university and includes teachers and other staff of the university l executive council means the executive council of the university m faculty means a faculty of the university n finance officer means the finance officer of the university appointed under section 18 o ordinances means the ordinances of the university p principal means the head of a university college or a constituent college q provicechancellor means the provicechancellor of the university appointed under section 15 r registrar means the registrar of the university appointed under section 17 s regulations means the regulations of the university t statutes means the statutes of the university u teacher means professors, readers and lecturers appointed or recognised by the university v university means the university of allahabad established and incorporated under section 4 w university appointed teacher means a teacher appointed by the university for imparting instruction and conducting research in the university or any college or institution maintained by the university x university college means a college or an institution maintained by the university or admitted to the privileges of the university as a faculty y university institute means an institute, established and maintained by the university z university recognised teacher means a teacher recognised by the university for imparting instruction and conducting research in a college or institution admitted to the privileges of the university and za vicechancellor means the vicechancellor of the university appointed under section 14.

section 5. of the university of allahabad act : on and from the appointed day, a any reference to the university of allahabad in any law other than this act or in any contract or other instrument shall be deemed as a reference to the university b all properties, movable and immovable, of or belonging to the university of allahabad shall vest in the university c all rights and liabilities of the university of allahabad shall be transferred to, and be the rights and liabilities of, the university d every person employed by the university of allahabad immediately before the appointed day shall hold his office or service in the university by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the university in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the university of compensation equivalent to three months remuneration in case of permanent employees and one months remuneration in the case of other employees: provided further that every person employed before the appointed day, pending the execution of a contract under section 34, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this act and the statutes: provided also that any reference, by whatever form of words, to the vicechancellor and provicechancellor of the university of allahabad in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the vicechancellor and the provicechancellor of the university e the vicechancellor of the university, appointed under the provisions of the uttar pradesh state universities act, presidents act 10 of shall be deemed to have been appointed as the vicechancellor under this act, and shall hold office for a period of three months or till such time the vicechancellor is appointed, whichever is earlier.

section 6. of the university of allahabad act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit to make provisions for integrated courses in the humanities, the social sciences, the basic and applied science and technology in the educational programmes of the university to take appropriate measures for promoting innovations in teachinglearning process, interdisciplinary and professional studies and research, removal of gender disparities and the digital divide, and the application of knowledge to social advancement, national progress and human welfare and to educate and train human resource for the development of the country.

section 10. of the university of allahabad act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including the colleges and institutions maintained by it, and to submit a report thereon and upon receipt of such report, the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its buildings, libraries, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, and the said colleges and institutions. 4 the visitor shall, in every matter referred to in subsection 3, give notice of his intention to cause an inspection or inquiry to be made a to the university, if such inspection or inquiry is to be made in respect of the university or any college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of a college or institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university or the management shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 9 the executive council or the management, as the case may be, communicate, through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 10 where, the executive council or the management, as the case may be, does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or the management, issue such directions as he may think fit and the executive council or the management, as the case may be, shall comply with such directions. 11 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act or the statutes or the ordinances: provided that before making any such order, the visitor shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 12 the visitor shall have such other powers as may be prescribed by the statutes.

section 11. of the university of allahabad act : the governor of the state of uttar pradesh shall be the chief rector of the university.

section 17. of the university of allahabad act : 1 the registrar shall be appointed in such manner and on such terms and conditions of service as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 12. of the university of allahabad act : the following shall be the officers of the university, 1 the chancellor 2 the vicechancellor 3 the provicechancellor 4 the deans of faculties 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 13. of the university of allahabad act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university and shall, if present, preside at the convocations of the university held for conferring degrees and meetings of the court.

section 19. of the university of allahabad act : the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes.

section 14. of the university of allahabad act : 1 the vicechancellor shall be appointed by the visitor in such manner and on such terms and conditions of service as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter: provided that such exercise of power shall be made only in emergent situations and in no case in respect of creation, and upgradation of posts and appointments thereto: provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided also that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 15. of the university of allahabad act : the provicechancellor shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutes.

section 16. of the university of allahabad act : every dean of faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 22. of the university of allahabad act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 18. of the university of allahabad act : the finance officer shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutes.

section 20. of the university of allahabad act : the following shall be the authorities of the university, 1 the court 2 the executive council 3 the academic council 4 the boards of faculties 5 the finance committee and 6 such other authorities as may be declared by the statutes to be authorities of the university.

section 21. of the university of allahabad act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 23. of the university of allahabad act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 24. of the university of allahabad act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 25. of the university of allahabad act : the constitution, powers and functions of the boards of faculties and such other authorities as may be declared by the statutes to be authorities of the university shall be prescribed by the statutes.

section 30. of the university of allahabad act : the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances and for such matters as may be prescribed by the statutes or the ordinances.

section 26. of the university of allahabad act : 1 the university shall have such faculties as are prescribed by the statutes. 2 each faculty shall have such departments as are prescribed by the statutes, and each department shall have such subjects of study as may be assigned to it by the ordinances.

section 28. of the university of allahabad act : 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for reconsideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes, or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in this section, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 27. of the university of allahabad act : show related subordinates subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university as may be constituted from time to time b the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments and conditions of service d the appointment of teachers, academic staff and other employees of the university, their emoluments and conditions of service e the recognition of persons as university recognised teachers f the declaration of persons working in other universities or other organisations as teachers of the university for a specified period g the conditions of service of employees of the university including provisions for pension, insurance and provident fund, the manner of termination of service and disciplinary action relating to such employees h the principles governing the seniority of service of the employees of the university i the procedure for arbitration in cases of dispute between employees or students and the university j the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university k the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges l the establishment and abolition of faculties, departments, university institutes, centres and university colleges m the conferment of autonomous status on a college or institution or a department and the withdrawal of such status n the conferment of honorary degrees o the withdrawal of degrees, diplomas, certificates and other academic distinctions p the registration of graduates q the delegation of powers vested in the authorities or officers of the university r the maintenance of discipline among the employees and students and s all other matters which by this act are to be or may be provided for by the statutes.

section 29. of the university of allahabad act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission and enrolment of students to the university and institutions maintained by or admitted to the privileges of the university b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the institution of, and conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the establishment of centres, university institutes, boards of studies, specialised laboratories and committees k the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university l the manner of cooperation and collaboration with other universities, institutions and other agencies including learned bodies or associations m the setting up of a machinery for redressal of grievances of employees and n all other matters which by this act or the statutes, are to be or may be, provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 31. of the university of allahabad act : 1 the annual report of the university shall be prepared under the direction of the executive council, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 32. of the university of allahabad act : 1 the annual accounts and balance sheet of the university shall be prepared under the directions of the executive council and shall once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 38. of the university of allahabad act : if any question arises as to whether any person has been duly appointed or elected as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 34. of the university of allahabad act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration and conciliation act, 26 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 39. of the university of allahabad act : all casual vacancies among the members, other than ex officio members, of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or coopts the member whose place has become vacant and person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been member.

section 33. of the university of allahabad act : the university shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require.

section 35. of the university of allahabad act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 34 shall, as far as may be, apply to a reference made under this subsection.

section 40. of the university of allahabad act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 36. of the university of allahabad act : every employee or student of the university or of an institution maintained by the university or admitted to its privileges shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 37. of the university of allahabad act : 1 the university shall constitute for the benefit of its employees such provident fund or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund as if it were a government provident fund.

section 41. of the university of allahabad act : no suit or other legal proceeding shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 42. of the university of allahabad act : notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceeding or resolution of any authority or other body of the university, or any other document in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence.

section 46. of the university of allahabad act : 1 in the uttar pradesh state universities act, , a the word allahabad, except in clause b of subsection 2 of section 12, subsection 1 of section 31b, clause b of subsection 1 of section 74, clause j of subsection 3 of section 74, and entries relating to serial no. 5 in the schedule, wherever it occurs, shall be omitted b in the schedule, serial no. 2 and the entries relating thereto shall be omitted. 2 notwithstanding such omission, a all appointments made, orders issued, degrees and other academic distinctions conferred, diplomas and certificates awarded, privileges granted, or other things done including the registration of graduates under the uttar pradesh state universities act, presidents act 10 of , shall be deemed to have been respectively made, issued, conferred, awarded, granted or done under the corresponding provisions of this act and, except as otherwise provided by or this act or the statutes, continue in force unless and until they are superseded by any order made under this act or the statutes and b all proceedings of selection committees for the appointment or promotion of teachers that took place before the commencement of this act and all actions of the executive council in respect of the recommendations of such selection committees where no orders of appointment on the basis thereof were passed before the commencement of this act shall, notwithstanding that the procedure for selection has been modified by this act, be deemed to have been valid but further proceeding in connection with such pending selections shall be taken in accordance with the provisions of this act and be continued from the stage where they stood immediately before such commencement, except if the concerned authorities take, with the approval of the visitor, a decision to the contrary.

section 43. of the university of allahabad act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 44. of the university of allahabad act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the statute, ordinance or regulation or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 45. of the university of allahabad act : 1 notwithstanding anything contained in this act and the statutes, a the first chancellor and the first vicechancellor shall be appointed by the central government in such manner and on such conditions as may be deemed fit and each of the said officers shall hold office for such term, not exceeding five years, as may be specified by the central government b the first registrar and the first finance officer shall be appointed by the central government and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirtyone members and fifteen members, respectively, who shall be nominated by the central government and shall hold office for a term of three years d the first academic council shall consist of not more than thirtyone members, who shall be nominated by the central government and shall hold office for a term of three years: provided that if any vacancy occurs in the abovementioned offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the central government, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office if such vacancy had not occurred. 2 till such time as the first ordinances are not made under subsection 2 of section 29, in respect of the matters that are to be provided for by the ordinances under this act and statutes, the relevant provisions of the statutes and the ordinances made immediately before the commencement of this act under the provisions of the uttar pradesh state universities act, presidents act 10 of shall be applicable insofar as they are not inconsistent with the provisions of this act and the statutes.

section 8. of the credit information companies regulation act . : 1 the authorised capital of every credit information company shall be a minimum of thirty crores: provided that the reserve bank may, by notification, increase the minimum amount of authorised capital to any amount not exceeding fifty crores. 2 the issued capital of every credit information company shall not be less than twenty crores: provided that the reserve bank may, by notification, increase the issued capital to any amount not exceeding the minimum amount of authorised capital as referred to in subsection 1. 3 the minimum paid up capital of every credit information company at any time shall not be less than seventyfive per cent. of the issued capital.

section 1. of the credit information companies regulation act . : show related subordinates 1 this act may be called the credit information companies regulation act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 14th december, , vide notification no. s.o. e, dated 14th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the credit information companies regulation act . : in this act, unless the context otherwise requires, a board means the board of directors of a credit information company b borrower means any person who has been granted loan or any other credit facility by a credit institution and includes a client of a credit institution c client includes i a guarantor or a person who proposes to give guarantee or security for a borrower of a credit institution or ii a person a who has obtained or seeks to obtain financial assistance from a credit institution, by way of loans, advances, hire purchase, leasing facility, letter of credit, guarantee facility, venture capital assistance or by way of credit cards or in any other form or manner b who has raised or seeks to raise money by issue of security as defined in clause h of section 2 of the securities contracts regulation act, 42 of , or by issue of commercial paper, depository receipt or any other instrument c whose financial standing has been assessed or is proposed to be assessed by a credit institution or any other person or institution as may, by notification, be directed by the reserve bank d credit information means any information relating to i the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any borrower ii the nature of security taken or proposed to be taken by a credit institution from any borrower for credit facilities granted or proposed to be granted to him iii the guarantee furnished or any other nonfund based facility granted or proposed to be granted by a credit institution for any of its borrowers iv the credit worthiness of any borrower of a credit institution v any other matter which the reserve bank may, consider necessary for inclusion in the credit information to be collected and maintained by credit information companies, and, specify, by notification, in this behalf e credit information company means a company formed and registered under the companies act, 1 of and which has been granted a certificate of registration under subsection 2 of section 5 f credit institution means a banking company and includes i a corresponding new bank, the state bank of india, a subsidiary bank, a cooperative bank, the national bank and regional rural bank ii a nonbanking financial company as defined under clause f of section 45i of the reserve bank of india act, 2 of iii a public financial institution referred to in section 4a of the companies act, 1 of iv the financial corporation established by a state under section 3 of the state financial corporation act, 63 of v the housing finance institution referred to in clause d of section 2 of the national housing bank act, 53 of vi the companies engaged in the business of credit cards and other similar cards and companies dealing with distribution of credit in any other manner vii any other institution which the reserve bank may specify, from time to time, for the purposes of this clause g credit scoring means a system which enables a credit institution to assess the credit worthiness and capacity of a borrower to repay his loan and advances and discharge his other obligations in respect of credit facility availed or to be availed by him h notification means a notification published in the official gazette of india i prescribed means prescribed by rules made under this act j regulations means regulations made by the reserve bank under this act k reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of l specified user means any credit institution, credit information company being a member under subsection 3 of section 15, and includes such other person or institution as may be specified by regulations made, from time to time, by the reserve bank for the purpose of obtaining credit information from a credit information company m words and expressions used herein and not defined in this act but defined in the reserve bank of india act, 2 of or the banking regulation act, 10 of or the companies act, 1 of shall have the meanings respectively assigned to them in those acts.

section 3. of the credit information companies regulation act . : save as otherwise provided in this act, no company shall commence or carry on the business of credit information without obtaining a certificate of registration from the reserve bank under this act.

section 7. of the credit information companies regulation act . : 1 a credit information company aggrieved by the order of rejection of an application for grant of certificate of registration under section 5 or cancellation of certificate of registration under section 6, may prefer an appeal to the central government or any other authority or tribunal which may be designated by rules made by the central government, within a period of thirty days from the date on which such order of rejection or cancellation, as the case may be, is communicated to the credit information company. 2 the decision of the central government or the authority or tribunal referred to in subsection 1 where an appeal has been preferred to it under subsection 1, or of these reserve bank where no such appeal has been preferred, shall be final: provided that before making any order of rejection of an appeal, the applicant company or the credit information company, as the case may be, shall be given a reasonable opportunity of being heard.

section 9. of the credit information companies regulation act . : 1 notwithstanding anything contained in any law for the time being in force, or in any contract to the contrary, every credit information company in existence on the commencement of this act, or which comes into existence thereafter, shall have one of its directors, who may be appointed on wholetime or on a parttime basis as chairperson of its board, and where he is appointed on wholetime basis as chairperson of its board, he shall be entrusted with the management of the whole of the affairs of the credit information company: provided that the chairperson of the board of the credit information company shall exercise his powers subject to the superintendence, control and directions of the board. 2 where a chairperson is appointed on a parttime basis, the management of whole of the affairs of the credit information company shall be entrusted to a managing director or, a wholetime director by whatever name called, who shall exercise his powers subject to the superintendence, control and directions of the board. 3 in addition to the chairperson or managing director or wholetime director, by whatever name called, the board of directors shall consist of not less than fifty per cent. directors who shall be persons having special knowledge in, or practical experience of, the matters relating to public administration, law, banking, finance, accountancy, management or information technology. 4 in discharging its functions, the board shall act on business principles and shall have due regard to the interest of its specified users, credit institutions or the clients or borrowers of credit institutions. 5 where the reserve bank is satisfied that it is in the public interest or in the interest of banking policy or credit system of the country, or for preventing the affairs of any credit information company being managed in a manner detrimental to the interest of banking policy or credit institutions or borrowers or clients or for securing the proper management of any credit information company, it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order published in the official gazette, supersede the board of such company, for such period not exceeding six months, as may be specified in the order and which may be extended from time to time, so, however, that the total period shall not exceed twelve months: provided that before making any such order, the reserve bank shall give a reasonable opportunity to the board of such credit information company to make representation against the proposed supersession and shall consider the representation, if any, of the board. 6 the reserve bank may, on supersession of the board of a credit information company under subsection 5, appoint an administrator for such period and on such salary and other terms and conditions as it may determine. 7 the reserve bank may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 8 upon making of the order under subsection 5, superseding the board of a credit information company a the chairperson, managing director and other directors of such credit information company shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of the companies act, 1 of or this act or any other law for the time being in force, be exercised or discharged, by or on behalf of the board of such credit information company, or by a resolution passed in general meeting of that company, shall, until the reconstitution of its board under subsection 10, be exercised and discharged by the administrator appointed by the reserve bank under subsection 6: provided that the powers exercised by the administrator shall be valid notwithstanding that such powers are exercisable by a resolution passed in the general meeting of such credit information company. 9 the salary and allowances payable to the administrator and staff assisting the administrator shall be borne by the credit information company. 10 on and before the expiration of two months before expiry of the period of supersession mentioned in the order of the reserve bank issued under subsection 5, the administrator of the credit information company, shall call a general meeting of the credit information company to elect new directors and reconstitute its board and any person who had vacated his office under clause a of subsection 8, shall not be deemed to be disqualified for reappointment. 11 notwithstanding anything contained in any law for the time being in force or in any contract or the memorandum or articles of association, of the credit information company, on the removal of a person from office under this section, that person shall not be entitled to claim any compensation for the loss or termination of office.

section 5. of the credit information companies regulation act . : 1 the reserve bank may, for the purpose of considering the application of a company for grant of a certificate of registration to commence or carry on the business of credit information, require to be satisfied, by an inspection of records or books of such company or otherwise that the following conditions are fulfilled, namely: a that the applicant company has minimum capital structure referred to in section 8 b that the general character of the management or the proposed management of the applicant company shall not be prejudicial to the interest of its specified users, clients or borrowers, or other credit information companies c that any other condition, the fulfilment of which in the opinion of the reserve bank, shall be necessary to ensure that the commencement or carrying on of the business of credit information by the applicant company shall not be detrimental or prejudicial to the public interest or banking policy or credit system or its specified users or clients or borrowers or other credit information companies or others who would provide credit information to the credit information companies. 2 the reserve bank may, after being satisfied that the conditions as referred to in subsection 1 are fulfilled, grant a certificate of registration to the applicant company to commence or carry on the business of credit information, subject to such conditions which it may consider fit to impose and if the company fails to fulfil any of such conditions or any of the provisions of this act, the application of the company shall be rejected: provided that no application shall be rejected unless the applicant has been given an opportunity of being heard. 3 the reserve bank may, having regard to the available business of credit information, the potential and scope for expansion of existing credit information companies and other relevant factors, determine the total number of the credit information companies which may be granted the certificates of registration for carrying on the business of credit information: provided that the total number of such credit information companies so determined may, on being satisfied by the reserve bank, that there is change in available business of credit information, potential and scope for expansion of existing credit information companies and other relevant factors relating thereto, be reviewed by the reserve bank.

section 4. of the credit information companies regulation act . : 1 every company which intends to commence the business of credit information shall make an application for registration to the reserve bank in such form and manner as may be specified by regulations. 2 every credit information company, in existence on the commencement of this act, before the expiry of six months from such commencement, shall apply in writing to the reserve bank for obtaining a certificate of registration under this act: provided that in the case of a credit information company in existence on the commencement of this act, nothing in section 3 shall be deemed to prohibit such credit information company from carrying on the business of a credit information company, until it is granted a certificate of registration or is by notice in writing informed by the reserve bank that a certificate of registration cannot be granted to it.

section 11. of the credit information companies regulation act . : 1 where the reserve bank is satisfied that, a in the public interest or b in the interest of credit institutions or c in the interest of specified users or d in the interest of banking policy or e to prevent the affairs of any credit information company being conducted in a manner detrimental to the interests of its specified users or in a manner prejudicial to the interests of credit institutions or borrowers or clients or f to secure the proper management of credit information companies generally, it is necessary to issue directions to credit information companies or credit institutions or specified users generally or to any credit information company or credit institution or specified user in particular, it may, from time to time, issue such directions as it deems fit, and such credit information companies, credit institutions and specified users or credit information company, credit institution, and specified user, as the case may be, shall be bound to comply with such directions. 2 the reserve bank may, on representation made to it or on its own motion, modify or cancel any direction issued under subsection 1, and the reserve bank, in so modifying or cancelling any direction, may impose such conditions as it thinks fit, subject to which the modification or cancellation shall have effect. 3 the reserve bank may, at any time, if it is satisfied that in the public interest or in the interest of a credit information company or its members, it is necessary so to do, by order in writing and on such terms and conditions as may be specified therein, a require such credit information company to call a meeting of its directors for the purpose of considering any matter relating to or arising out of the affairs of the credit information company b depute one or more of its officers to watch the proceedings at any meeting of the board of the credit information company or of any committee or of any other body constituted by it and require the credit information company to give an opportunity to the officers so deputed to be heard at such meetings and also require such officers to send a report of such proceedings to the reserve bank c require the board of the credit information company or of any committee or any other body constituted by it to give in writing to any officer deputed by the reserve bank in this behalf at his usual address all notices of, and other communications relating to, any meeting of the board, committee or other body constituted by it d appoint one or more of its officers to observe the manner in which the affairs of the credit information company or of its offices or branches are being conducted and make a report thereon e require the credit information company to make, within such time as may be specified in the order, such changes in the management as the reserve bank may consider necessary. 4 the reserve bank may, at any time, direct any credit information company to furnish it within such time as may be specified by the reserve bank, such statements and information relating to the business or affairs of the credit information company as the reserve bank may consider necessary or expedient to obtain for the purpose of this act.

section 6. of the credit information companies regulation act . : 1 the reserve bank may cancel a certificate of registration granted to a credit information company under subsection 2 of section 5 if such company, i ceases to carry on the business of credit information or ii has failed to comply with any of the conditions subject to which the certificate of registration has been granted to it or iii at any time fails to fulfil any of the conditions referred to in subclauses a to c of subsection 1 or subsection 2 of section 5 or iv fails a to comply with the provisions of any law for the time being in force or any direction issued by the reserve bank under the provisions of this act or b to submit or offer for inspection its books of account and other relevant documents when so demanded by the officers, persons or agency referred to in subsection 1 of section 12. 2 before cancelling the certificate of registration granted to a credit information company under this section on the ground that the company has failed to comply with the conditions specified in clauses a to c of subsection 1 or subsection 2 of section 5 or the provisions of any other law for the time being in force or directions issued under this act, the reserve bank, shall grant time to such company on such terms as the reserve bank may deem appropriate for taking necessary steps to comply with such directions or provisions or fulfilment of such conditions, within such time: provided that if the reserve bank is of the opinion that the delay in cancelling the certificate of registration of such company shall be prejudicial or detrimental to the public interest or banking policy or credit system or borrowers or other credit information companies, the reserve bank may cancel the certificate of registration without granting time as provided in subsection 2. 3 no order of cancellation of certificate of registration, granted to a credit information company, shall be made by the reserve bank unless such company has been given a reasonable opportunity of being heard.

section 13. of the credit information companies regulation act . : 1 it shall be the duty of an auditor of a credit information company to inquire whether or not the credit information company has furnished to the reserve bank such statements, information or particulars relating to its business as are required to be furnished under this act and the auditor shall, except where he is satisfied on such inquiry that the credit information company has furnished such a statement , information or particulars, make a report to the reserve bank in this regard. 2 the reserve bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of credit system, issue directions in particular or in general with respect to audit of the credit information company and submission of the report to the reserve bank. 3 where the reserve bank is of the opinion that it is necessary so to do in the public interest or in the interest of the credit information company or its members, or in the interest of credit system or credit institution or its borrower or client so to do, it may, at any time, by an order, direct that a special audit of the accounts of the credit information company in relation to any such transaction or class of transactions or for such period or periods, as may be mentioned in the order, shall be conducted and the reserve bank may by such order or by a separate order either appoint an auditor or auditors or direct the auditor of the credit information company himself to conduct such special audit and the auditor shall comply with such directions and make a report of such audit to the reserve bank and forward a copy thereof to the credit information company. 4 the remuneration of the auditors as may be fixed by the reserve bank, having regard to the nature and volume of work involved in the audit and the expenses of, or incidental to, the audit, shall be borne by the credit information company so audited.

section 15. of the credit information companies regulation act . : 1 every credit institution in existence on the commencement of this act, before the expiry of three months from such commencement or within such extended period, as the reserve bank may allow on its application and subject to being satisfied about the reason for extension, shall become member of at least one credit information company. 2 every credit institution which comes into existence after the commencement of this act, before the expiry of three months from its coming into existence, or within such extended period, as the reserve bank may allow on its application and subject to being satisfied about the reason for extension, shall become member of at least one credit information company. 3 a credit information company may, at its option, become member of another credit information company. 4 no credit information company shall refuse to register a credit institution or another credit information company as its member without providing reasonable opportunity of being heard to such credit institution or credit information company, whose application it proposes to reject and recording reasons for such rejection and a copy of such order of rejection shall be forwarded to the reserve bank. 5 a credit institution or credit information company aggrieved by the order of rejection of its application for its registration as a member of a credit information company under subsection 4 may prefer an appeal to the reserve bank, within a period of thirty days from the date on which such order of rejection was communicated to it: provided that the reserve bank may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding thirty days. 6 on receipt of an appeal under subsection 5, the reserve bank, after giving the appellant and other concerned parties, an opportunity of being heard, pass such order as it deems fit. 7 the decision of the reserve bank where an appeal has been preferred to it under subsection 5 shall be final and the order of the credit information company under subsection 4 shall be final after the expiry of the said period of thirty days where no appeal has been preferred under that subsection to the reserve bank. 8 every specified user shall be entitled to obtain credit information for its use from the credit information company of which such specified user is a member.

section 10. of the credit information companies regulation act . : where the reserve bank is satisfied that it is necessary or expedient in the public interest or in the interest of specified users or in the interest of credit information companies or credit institutions or clients or borrowers so to do, it may determine the policy in relation to functioning of credit information companies or credit institutions or specified users generally or in particular and when the policy has been so determined all credit information companies, credit institutions and specified users, as the case may be, shall be bound to follow the policy as so determined.

section 18. of the credit information companies regulation act . : 1 notwithstanding anything contained in any law for the time being in force, if any dispute arises amongst, credit information companies, credit institutions, borrowers and clients on matters relating to business of credit information and for which no remedy has been provided under this act, such disputes shall be settled by conciliation or arbitration as provided in the arbitration and conciliation act, 26 of , as if the parties to the dispute have consented in writing for determination of such dispute by conciliation or arbitration and provisions of that act shall apply accordingly. 2 where a dispute has been referred to arbitration under subsection 1, the same shall be settled or decided, a by the arbitrator to be appointed by the reserve bank b within three months of making a reference by the parties to the dispute: provided that the arbitrator may, after recording the reasons therefor, extend the said period up to a maximum period of six months: provided further that, in an appropriate case or cases, the reserve bank may, if it considers necessary to do so reasons to be recorded in writing, direct the parties to the dispute to appoint an arbitrator in accordance with the provisions of the arbitration and conciliation act, 26 of , for settlement of their dispute in accordance with the provisions of that act. 3 save as otherwise provided under this act, the provisions of the arbitration and conciliation act, 26 of shall apply to all arbitration under this act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the arbitration and conciliation act, .

section 12. of the credit information companies regulation act . : 1 notwithstanding anything to the contrary contained in section 235 of the companies act, 1 of , the reserve bank, at any time, may and on being directed so to do by the central government shall, cause an inspection to be made, by one or more of its officers or through such other persons or agency as the reserve bank may determine, of any credit information company or credit institution or specified user and their books and accounts and the reserve bank shall supply to the credit information company or credit institution or specified user, as the case may be, a copy of its report on such inspection. 2 it shall be the duty of every director or other officer or employee of the credit information company, credit institution and specified user to produce to any officer or person or agency, as the case may be, making an inspection under subsection 1 all such books, accounts and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of such credit information company, credit institution and specified user, as the said officer or person or agency may require of him within such time as the said officer or person or agency may specify. 3 any officer of the reserve bank or person or an agency making an inspection under subsection 1 may examine on oath any director or other officer or employee of the credit information company, credit institution and specified user, in relation to their business, and may administer an oath accordingly. 4 the expenses of, or incidental to, the inspection under subsection 1 by any person or an agency referred to in subsection 1 shall be borne by the concerned credit information company or credit institution or specified user, as the case may be.

section 14. of the credit information companies regulation act . : 1 a credit information company may engage in any one or more of the following forms of business, namely: a to collect, process and collate information on trade, credit and financial standing of the borrowers of the credit institution which is a member of the credit information company b to provide credit information to its specified users or to the specified users of any other credit information company or to any other credit information company being its member c to provide credit scoring to its specified users or specified users of any other credit information company or to other credit information companies being its members d to undertake research project e to undertake any other form of business which the reserve bank may, specify by regulations as a form of business in which it is lawful for a credit information company to engage. 2 no credit information company shall engage in any form of business other than those referred to in subsection 1. 3 any credit information company for the purposes of carrying on the business of credit information may a register credit institutions and other credit information companies, at their option as its member, subject to such terms and conditions as may be predetermined and disclosed by such credit information company b charge such reasonable amount of fees, as it may deem appropriate not exceeding the maximum fee, as may be specified under section 27, for furnishing credit information to a specified user c generally to do all such other acts and perform such other functions as are necessary to facilitate proper conduct of its affairs, business and functions in accordance with the provisions of this act.

section 21. of the credit information companies regulation act . : 1 any person, who applies for grant or sanction of credit facility, from any credit institution, may request to such institution to furnish him a copy of the credit information obtained by such institution from the credit information company. 2 every credit institution shall, on receipt of request under subsection 1, furnish to the person referred to in that subsection a copy of the credit information subject to payment of such charges, as may be specified by regulations, by the reserve bank in this regard. 3 if a credit information company or specified user or credit institution in possession or control of the credit information, has not updated the information maintained by it, a borrower or client may request all or any of them to update the information whether by making an appropriate correction, or addition or otherwise, and on such request the credit information company or the specified user or the credit institution, as the case may be, shall take appropriate steps to update the credit information within thirty days after being requested to do so: provided that the credit information company and the specified user shall make the correction, deletion or addition in the credit information only after such correction, deletion or addition has been certified as correct by the concerned credit institution: provided further that no such correction, deletion or addition shall be made in the credit information if any dispute relating to such correction, deletion or addition is pending before any arbitrator or tribunal or court and in cases where such dispute is pending, the entries in the books of the concerned credit institution shall be taken into account for the purpose of credit information.

section 16. of the credit information companies regulation act . : 1 where a credit institution a abstains from becoming a member of at least one credit information company or b at any time is not a member of any credit information company, the reserve bank suo moto or on a complaint from a credit information company may, direct such credit institution to take necessary steps within such time, as it may specify to become a member of a credit information company. 2 in case a credit institution fails to comply with the directions of the reserve bank under subsection 1, to become member of at least one credit information company, the reserve bank may, without prejudice to the provisions of this act, intimate such failure to any other authority for taking such action as it may deem fit.

section 23. of the credit information companies regulation act . : 1 whoever, in any return or other document or in any information required or furnished by, or under, or for the purposes of, any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to fine. 2 every credit information company or a credit institution or any specified user, wilfully, performing any act or engaging in any practice, in breach of any of the principles referred to in section 20, shall be punishable with fine not exceeding one crore rupees. 3 any credit information company or credit institution or specified user wilfully providing to any other credit information company or credit institution or specified user or borrower or client, as the case may be, credit information which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with fine which may extend to one crore rupees. 4 any person who contravenes any provision of this act or of any rule or order made thereunder, or obstructs the lawful exercise of any power conferred by or under this act, or makes default in complying with any requirement of this act or of any rule or order made or direction issued thereunder, shall, if no specific provision is made under this act for punishment of such contravention, obstruction or default, be punishable with fine which may extend to one lakh rupees and where a contravention or default is a continuing one, with a further fine which may extend to five thousand rupees for every day during which the contravention or default continues. 5 where a contravention or default has been committed by a credit information company or credit institution or specified user, as the case may be, every person who, at the time the contravention or default was committed, was in charge of, and was responsible to the credit information company or credit institution or specified user for the conduct of its business, shall be deemed to be guilty of the contravention or default and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the contravention or default was committed without his knowledge or that he exercised all due diligence to prevent the contravention or default. 6 notwithstanding anything contained in subsection 5, where a contravention or default has been committed by a credit information company or credit institution or specified user, as the case may be, and it is proved that the same was committed with the consent or connivance of, or is attributable to any gross negligence on the part of its chairperson, managing director, any other director, manager, secretary or other officer of the credit information company or the credit institution, such chairperson, managing director, any other director, manager, secretary or other officer shall also be deemed to be guilty of that contravention or default and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individual, and b director, in relation to a firm, means a partner in the firm.

section 17. of the credit information companies regulation act . : 1 a credit information company or any person authorised in that behalf by the company may, by notice in writing, in such form, as may be specified by regulations made by the reserve bank or as near thereto, require its members being credit institution or credit information company, to furnish such credit information as it may deem necessary in accordance with the provisions of this act. 2 every credit institution which is member of the credit information company and every credit information company which is a member of other credit information company shall, on receipt of notice under subsection 1, provide credit information to the credit information company of which it is a member, within such period as may be specified in the notice. 3 every credit information company shall provide for such purpose, as may be specified by regulations, the credit information received under subsection 2, to its specified user on receipt of request from him in accordance with the provisions of this act and directions issued thereunder by the reserve bank from time to time in this behalf. 4 no credit information received under this act, a by the credit information company, shall be disclosed to any person other than its specified user or b by the specified user, shall be disclosed to any other person c by the credit information company or specified user, shall be disclosed for any other purpose than as permitted or required by any other law for the time being in force.

section 19. of the credit information companies regulation act . : a credit information company or credit institution or specified user, as the case may be, in possession or control of credit information, shall take such steps including security safeguards as may be prescribed, to ensure that the data relating to the credit information maintained by them is accurate, complete, duly protected against any loss or unauthorised access or use or unauthorised disclosure thereof.

section 20. of the credit information companies regulation act . : every credit information company, credit institution and specified user, shall adopt the following privacy principles in relation to collection, processing, collating, recording, preservation, secrecy, sharing and usage of credit information, namely: a the principles i which may be followed by every credit institution for collection of information from its borrowers and clients and by every credit information company, for collection of information from its member credit institutions or credit information companies, for processing, recording, protecting the data relating to credit information furnished by, or obtained from, their member credit institutions or credit information companies, as the case may be, and sharing of such data with specified users ii which may be adopted by every specified user for processing, recording, preserving and protecting the data relating to credit information furnished, or received, as the case may be, by it iii which may be adopted by every credit information company for allowing access to records containing credit information of borrowers and clients and alteration of such records in case of need to do so b the purpose for which the credit information may be used, restriction on such use and disclosure thereof c the extent of obligation to check accuracy of credit information before furnishing of such information to credit information companies or credit institutions or specified users, as the case may be d preservation of credit information maintained by every credit information company, credit institution, and specified user as the case may be including the period for which such information may be maintained, manner of deletion of such information and maintenance of records of credit information e networking of credit information companies, credit institutions and specified users through electronic mode f any other principles and procedures relating to credit information which the reserve bank may consider necessary and appropriate and may be specified by regulations.

section 26. of the credit information companies regulation act . : a court imposing any fine under this act may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or for such purposes as may be directed by the court.

section 22. of the credit information companies regulation act . : 1 no person shall have access to credit information in the possession or control of a credit information company or a credit institution or a specified user unless the access is authorised by this act or any other law for the time being in force or directed to do so by any court or tribunal and any such access to credit information without such authorisation or direction shall be considered as an unauthorised access to credit information. 2 any person who obtains unauthorised access to credit information as referred to in subsection 1 shall be punishable with fine which may extend to one lakh rupees in respect of each offence and if he continues to have such unauthorised access, with further fine which may extend to ten thousand rupees for every day on which the default continues and such unauthorised credit information shall not be taken into account for any purpose.

section 24. of the credit information companies regulation act . : 1 no court shall take cognizance of any offence committed by a member of a credit information company and punishable under section 23 except upon a complaint in writing made by an officer of the credit information company generally or specially authorised in writing in this behalf by the credit information company or if so directed by the reserve bank so to do and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or any court superior thereto shall try any such offence. explanation.for the purposes of this subsection, member of a credit information company shall mean a member referred to in section 15. 2 no court shall take cognizance of any offence committed by a credit information company punishable under section 23 except upon a complaint in writing made by an officer of the reserve bank generally or specially authorised in writing in this behalf by the reserve bank and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or any court superior thereto shall try any such offence.

section 25. of the credit information companies regulation act . : 1 notwithstanding anything contained in section 23, if a contravention or default of the nature referred to in subsection 2 of section 22 or subsection 2 or subsection 3 or subsection 4 of section 23, as the case may be, is made by a credit information company or a credit institution then, the reserve bank may impose on such credit information company or credit institution i where the contravention is of the nature referred to in subsection 2 of section 22, a penalty not exceeding one lakh rupees ii where the contravention is of the nature referred to in subsection 2 or subsection 3 of section 23, a penalty not exceeding one crore rupees iii where the contravention is of the nature referred to in subsection 4 of section 23, a penalty not exceeding one lakh rupees and where such contravention or default is continuing one, a further penalty which may extend to five thousand rupees for every day, after the first, during which the contravention or default continues. 2 for the purpose of adjudging the penalty under subsection 1, the reserve bank shall serve notice on credit information company or credit institution or specified user, as the case may be, requiring it to show cause as to why the amount mentioned in the notice should not be imposed as penalty and a reasonable opportunity of being heard shall also be given to such credit information company or credit institution or specified user, as the case may be. 3 no complaint shall be filed against credit information company or credit institution or specified user, as the case may be, in any court of law in respect of any contravention or default in respect of which any penalty has been imposed by the reserve bank under this section. 4 any penalty imposed by the reserve bank under this act shall be payable within a period of fourteen days from the date on which notice issued by the reserve bank demanding payment of the sum is served on the credit information company or credit institution or specified user, as the case may be, and in the event of failure of such credit information company or credit institution or specified user to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office of the credit information company or credit institution or specified user, being a company, is situated and in case of credit institution incorporated outside india, where its principal place of business in india is situated: provided that such direction under this subsection shall be made only upon an application made in this behalf to the court by the reserve bank. 5 the court which makes a direction under subsection 4 shall issue a certificate mentioning therein the sum payable by a credit information company or credit institution or specified user, as the case may be, and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. 6 where any complaint has been filed against credit information company or credit institution or specified user, as the case may be, in any court in respect of the contravention or default of the nature referred to in subsection 2 of section 22 or subsection 2 or subsection 3 or subsection 4 of section 23, then, no proceedings for the imposition of any penalty on the credit information company or credit institution or specified user shall be taken under this section.

section 29. of the credit information companies regulation act . : 1 every credit information company shall observe, except as otherwise required by law, the practices and usages customary among credit information companies and it shall not divulge any information relating to, or to the affairs of, its members or specified users. 2 every chairperson, director, member, auditor, adviser, officer or other employee of a credit information company shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form, as may be prescribed in this regard. explanation.for the purposes of this section and section 30, the terms practices and usages customary means such practices and usages which, are generally followed by credit information companies or may develop in due course in relation to their functions, in pursuance of the provisions of this act, rules and regulations made and directions issued thereunder from time to time in pursuance thereof.

section 27. of the credit information companies regulation act . : the reserve bank may, specify, by regulations the maximum amount of fees leviable under subsection 3 of section 14 for providing information to the specified users and for admissions of credit institutions or credit information companies as a member of a credit information company.

section 28. of the credit information companies regulation act . : no chairperson, director, member, auditor, adviser, officer or other employee or agent employed in the business of a credit information company or in the business of a specified user shall, except for the purposes of this act or when required to do so by any other law in force or court or tribunal or authority, disclose any information to any person.

section 33a. of the credit information companies regulation act . : 133a. powers of reserve bank not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the reserve bank under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule date to be notified.

section 30. of the credit information companies regulation act . : 1 no suit or other legal proceedings or prosecution shall lie against the reserve bank or the central government or credit information company or credit institution, or their chairperson, director, member, auditor, adviser, officer or other employee, or agent or any person authorised by the reserve bank or the central government or credit information company or credit institution to discharge any function under this act, for any loss or damage caused or as is likely to be caused by anything which is in good faith done or intended to be done, in pursuance of this act or any other law for the time being in force. 2 nothing contained in subsection 1 shall affect the right of any person to claim damages against a credit information company, a credit institution or their chairperson, director, member, auditor, adviser, officer or other employee or agents, as the case may be, in respect of loss caused to him on account of any such disclosure made by anyone of them and which is unauthorised or fraudulent or contrary to provisions of this act, or practices or usages customary among them.

section 31. of the credit information companies regulation act . : no court or authority shall have, or be entitled to exercise, any jurisdiction, powers or authority, except the supreme court and a high court exercising jurisdiction under articles 32, 226 and 227 of the constitution, in relation to the matters referred to in sections 4, 5, 6, 7 and 18.

section 33. of the credit information companies regulation act . : the provisions of this act shall be in addition to, and not, save as provided under this act, in derogation of, the provisions of the companies act, 1 of or any other law for the time being in force.

section 32. of the credit information companies regulation act . : 1 the central government may, on the recommendation of the reserve bank, by notification in the official gazette, direct that any or all of the provisions of this act shall not apply to any credit information company or a credit institution, as the case may be, either generally or for such period and subject to such exceptions or modifications, as may be mentioned in that notification. 2 a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses.

section 37. of the credit information companies regulation act . : show related subordinates 1 the reserve bank may make regulations consistent with the provisions of this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: a the persons or institutions which may be specified as specified users under clause l of section 2 b the form in which application may be made under subsection 1 of section 4 and the manner of filing such application under that subsection c any other form of business in which a credit information company may engage under clause e of subsection 1 of section 14 d the form of notice for collection and furnishing of information procedure relating thereto and purposes for which credit information may be provided under subsections 1 and 2 of section 17 e the principles and procedures relating to credit information which may be specified under clause f of section 20 f the amount which may be required to be paid for obtaining copy of credit information under subsection 2 of section 21 g the maximum amount of charges payable under section 27. 3 every regulation, as soon as may be after it is made by the reserve bank, shall be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.

section 34. of the credit information companies regulation act . : the enactments mentioned in the schedule to this act shall be amended in the manner specified therein.

section 36. of the credit information companies regulation act . : show related subordinates 1 the central government may, after consultation with the reserve bank, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the authority or tribunal which may be designated under subsection 1 of section 7 b the steps to be taken by every credit information company or credit institution and specified user for ensuring accuracy, completeness of data and protection of data from any loss or unauthorised access or use or disclosure under section 19 c the form in which a declaration of fidelity and secrecy shall be made under subsection 2 of section 29 d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 35. of the credit information companies regulation act . : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 8. of the indian council of world affairs act : 1 save as otherwise provided in this section, the term of office of a member shall be three years from the date of his nomination. 2 the term of office of the member nominated to fill a casual vacancy shall continue for remainder of the term of the member in whose place he is nominated. 3 a member shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place. 4 the central government shall remove a member if he a becomes subject to any of the disqualifications mentioned in subsection 4 of section 7 or b refuses to act or becomes incapable of acting or c is, without obtaining leave of absence from the council, absent from three consecutive meetings of the council or d in the opinion of the central government, has so abused his position as to render his continuance in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter. 5 a member shall, unless disqualified under subsection 4 of section 7, be eligible for renomination. 6 a member may resign from his office by writing under his hand addressed to the central government but shall continue in his office until his resignation is accepted by that government. 7 the manner of filling vacancies among members shall be such as may be prescribed by rules.

section 1. of the indian council of world affairs act : 1 this act may be called the indian council of world affairs act, . 2 save as otherwise provided in this act, it shall be deemed to have come into force on the 1st day of september, .

section 2. of the indian council of world affairs act : whereas the objects of the indian council of world affairs, a society registered under the societies registration act, 21 of are such as to make the institution one of national importance, it is hereby declared that the institution, known as the indian council of world affairs, is an institution of national importance.

section 7. of the indian council of world affairs act : 1 on and from the 1st day of september, and until the appointment of date under subsection 2, the council shall consist of the following members, namely: a the vicepresident of india, who shall be president, ex officio b the prime minister of india c the speaker of the lok sabha d the leader of the house, rajya sabha e the leader of the opposition, lok sabha f the leader of the opposition, rajya sabha. 2 on and from such date as may be appointed by the central government by notification in the official gazette 1 the council shall consist of the following members, namely: a the vicepresident of india, who shall be the president, ex officio b three vicepresidents 2to be nominated, in the first instance by the council constituted under subsection 1 and thereafter by the council constituted under this subsection 3c directorgeneral, ex officio membersecretary d five members of the lok sabha to be nominated by the speaker of the lok sabha and three members of the rajya sabha to be nominated by the chairman of the rajya sabha e seven members, who are distinguished in the field of diplomacy, international affairs, international law, multilateral or united nations affairs, security and disarmament 4to be nominated, in the first instance by the council constituted under subsection 1 and thereafter by the council constituted under this subsection f seven members, who are representatives of which at least two shall be the vicechancellors of universities or research institutions of higher learning from amongst experts in the fields of history, economics and other social sciences 5to be nominated, in the first instance by the council constituted under subsection 1 and thereafter by the council constituted under this subsection g seven members, who are 4either media personalities or persons from organisations such as india international centre, centre for policy research, indian council of social science research, institute of defence studies and analyses, indian council of cultural relations, and interested in the work and objectives of the council to be 6nominated by the governing body of the council h five members 7from business or chambers of commerce, federation of indian chambers of commerce and industry, confederation of indian industry, associated chambers of commerce and industry of india, federation of indian export organisations to be nominated by the governing body of the council i three members from the ministry of external affairs, ex officio foreign secretary, financial advisor, and dean foreign service institute 8 j five members to be nominated by the central government to represent respectively the ministries of the central government dealing with education, culture, urban development, science and technology and defence, ex officio. 3 it is hereby declared that the office of the member of the council shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 4 a person shall be disqualified for being nominated or selected as a member if he a has been convicted and sentenced to imprisonment for an offence whi ch, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court. 1. certain words and figures omitted by act 5 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for as may be nominated by the council w.e.f. . 3. subs. by s. 2, ibid., for clause c w.e.f. . 4. subs. by s. 2, ibid., for to be nominated by the council w.e.f. . 5. subs. by s. 2, ibid., for either media personalities or representatives of organisations w.e.f. . 6. subs. by s. 2, ibid., for selected w.e.f. . 7. subs. by s. 2, ibid., for who are representatives of business or w.e.f. . 8. the words , to be nominated by the chairperson of the governing body omitted by act 5 of , s. 2 w.e.f. .

section 4. of the indian council of world affairs act : 1 the indian council of world affairs is hereby constituted as a body corporate by the name of the indian council of world affairs and as such body corporate it shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by that name sue and be sued. 2 the head office of the council shall be at delhi and the council may, with the previous approval of the central government, establish branches at other places in india.

section 10. of the indian council of world affairs act : the vicepresidents shall exercise such of the powers and perform such of the functions of the president as may be prescribed by rules or as may be delegated to him by the president.

section 9. of the indian council of world affairs act : the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribed by rules.

section 6. of the indian council of world affairs act : 1 every person having possession, custody or control of property forming part of the properties and other assets referred to in clause a of subsection 1 of section 5 shall deliver forthwith such property to the directorgeneral. 2 any person in charge of the property and other assets of the existing council immediately before the commencement of this act shall, within ten days from that day, furnish to the directorgeneral a complete inventory of all properties and assets including particulars of book debts and investments and belongings immediately before the commencement of this act and also of all agreements entered into by the existing council or any person on its behalf.

section 3. of the indian council of world affairs act : in this act, unless the context otherwise requires, a appointed day means the date of commencement of this act b chairperson means the chairperson of the governing body c council means the indian council of world affairs incorporated under section 4 d directorgeneral means the directorgeneral of the council e existing council means the indian council of world affairs, a society registered under the societies registration act, 21 of and functioning as such immediately before the appointed day f fund means the fund of the council referred to in section 18 g governing body means the governing body of the council h member means a member of the council and includes the president and vicepresident i president means the president of the council j regulations means the regulations made under this act k rules means the rules made under this act l vicepresidents means the vicepresidents of the council.

section 5. of the indian council of world affairs act : 1 on and from the appointed day, a all properties and other assets vested in the existing council immediately before that day, shall vest in the council b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing council immediately before that day for or in connection with the purposes of the existing council, shall be deemed to have been incurred, entered into and engaged to be done by, with or for the council c all sums of money due to the existing council, immediately before that day, shall be deemed to be due to the council d all suits and other legal proceedings instituted or which could have been instituted by or against the existing council, immediately before that day, may be continued or instituted by or against the council and e every employee holding any office under the existing council immediately before that day, shall, on that day, hold his office or service under the council with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the council is duly terminated or until his remuneration and other conditions of service are duly altered by the council. 2 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the absorption of any employee by the council in its regular service under this section shall not entitle such employee to any compensation under that act or any other law and no such claim shall be entertained by any court, tribunal or other authority.

section 13. of the indian council of world affairs act : the objects of the council shall be a to promote the study of indian and international affairs so as to develop a body of informed opinion on international matters b to promote indias relations with other countries through study, research, discussion, lectures, exchange of ideas and information with other organisations within and outside india engaged in similar activities c to serve as a clearing house of information and knowledge regarding world affairs d to publish books, periodicals, journals, reviews, papers, pamphlets and other literature on subjects covered under clauses a and b e to establish contacts with organisations promoting objects mentioned in this section f to arrange conferences and seminars to discuss and study the indian policy towards international affairs and g to undertake such other activities for the promotion of ideas and attainment of the abovementioned objects.

section 11. of the indian council of world affairs act : members shall receive such allowances, if any, from the council as may be prescribed by rules.

section 12. of the indian council of world affairs act : the council shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government and thereafter the council shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

section 18. of the indian council of world affairs act : 1 the council shall maintain a fund to which shall be credited to a all moneys received from the central government b all moneys received by the council by way of grants, gifts, donations, benefactions, bequests or transfers and c all moneys received by the council in any other manner or from any other source. 2 all moneys credited to the fund shall be deposited in such banks or invested in such manner as the council may, subject to the approval of the central government, decide. 3 the fund shall be applied towards meeting the administrative and other expenses of the council, including expenses incurred in the exercise of its powers and discharge of its functions under section 16 or in relation to any of the activities referred to therein or for anything relatable thereto.

section 19. of the indian council of world affairs act : the council shall prepare, in such form and at such time every year, as may be prescribed by rules, a budget in respect of the financial year next ensuing, showing the estimated receipts and expenditure of the council and shall forward to the central government such number of copies thereof as may be prescribed by rules.

section 20. of the indian council of world affairs act : 1 the council shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as the central government may, by rules, prescribe and in accordance with such general directions as may be issued by that government, in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the council shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the council to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the council shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office or offices of the council. 4 the accounts of the council as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 14. of the indian council of world affairs act : 1 there shall be a governing body of the council which shall be constituted by the council. 2 the governing body shall be the executive committee of the council and shall exercise such powers and discharge such functions as the council may, by regulations made in this behalf, confer or impose upon it. 3 on and from such date as may be appointed by the central government by notification in the official gazette, the vicepresident of india, ex officio shall be the chairperson of the governing body and shall exercise such powers and discharge such functions as may be prescribed by regulations. 4 the procedure to be followed by the governing body in the exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among the members of the governing body, shall be such as may be prescribed by regulations. 5 subject to such control and restrictions as may be prescribed by rules, the council may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the council or for inquiring into, or reporting or advising upon, any matter which the council may refer to them. 6 the chairperson and members of the governing body or a standing committee or an ad hoc committee shall receive such allowances as may be prescribed by regulations.

section 17. of the indian council of world affairs act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the council in each financial year such sums as may be considered necessary for the exercise of powers and efficient discharge of functions of the council under this act.

section 15. of the indian council of world affairs act : 11 there shall be a directorgeneral of the council who shall, before a council is constituted under subsection 2 of section 7, be appointed by the council constituted under subsection 1 of that section and thereafter during the tenure of a council constituted under subsection 2 of section 7, by that council. 1a every appointment of the directorgeneral under subsection 1 shall be made from a panel of at least two names recommended by the government of india in the ministry of external affairs. 1b the directorgeneral shall be the chief executive officer of the council. 1c the directorgeneral shall be at least equivalent to the rank of additional secretary to the government of india and shall have a tenure not exceeding three years. 2 the directorgeneral shall act as ex officio membersecretary to the council, its governing body and other bodies and committees thereof. 3 the directorgeneral shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the council or the president or the governing body or the chairperson. 4 the financial advisor of the ministry of external affairs shall be the financial advisor of the council. 5 subject to such rules as may be made in this behalf, the council may appoint such number of other officers and employees as may be necessary for the exercise of its powers and efficient discharge of its functions and may determine the designations an grades of such other officers and employees. 6 subject to such rules as may be made in this behalf, the directorgeneral and other officers and employees of the council shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension gratuity, provident fund and other matters, as may be prescribed by regulations made in this behalf. 1. subs. by act 5 of , s. 3, for subsections 1 and 2 w.e.f. .

section 16. of the indian council of world affairs act : the council shall undertake various plans to promote, organise and implement various programmes for efficiently achieving the objects of the council specified in section 13 and shall also perform such other functions as the central government may, by rules, prescribe.

section 21. of the indian council of world affairs act : the council shall prepare every year, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before each house of parliament.

section 22. of the indian council of world affairs act : all orders and decisions of the council shall be authenticated by the signature of the president or the vicepresident and all other instruments issued by the council shall be authenticated by the signature of the directorgeneral or any other officer of the council authorised by the council in this behalf.

section 23., not to invalidate proceedings of the council. of the indian council of world affairs act : no act or proceeding of the council, governing body or any standing or ad hoc committee under this act shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the council or b any defect in the appointment of a person acting as a member of the council or c any irregularity in the procedure of the council not affecting the merits of the case.

section 28. of the indian council of world affairs act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 23a. of the indian council of world affairs act : 123a. transitory provision. for the removal of doubts, it is hereby declared that till the constitution of a council in terms of subsection 2 of section 7, the council referred to in subsection 1 thereof shall be deemed to have been a council for the purposes of this act notwithstanding anything contrary contained in any provision of this act: provided that anything done or any action taken or any proceeding initiated under any provision of this act or rules or regulations made there under shall not be called in question before any court or other authority because of nonexistence of a council in terms of subsection 2 of section 7. 1. ins. by act 5 of , s. 4 w.e.f. .

section 25. of the indian council of world affairs act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of filling vacancies among members under subsection 7 of section 8 b the powers and functions to be exercised and discharged by the president and the vicepresidents under sections 9 and 10, as the case may be c the allowances to be paid to the members under section 11 d the control and restrictions in relation to the constitution of standing and ad hoc committees under subsection 5 of section 14 e the number of other officers and employees that may be appointed by the council and the manner of such appointment under subsection 5 of section 15 f the salaries and allowances payable to the directorgeneral and other officers and employees of the council under subsection 6 of section 15 g such other functions to be performed by the council under section 16 h the form in which and the time at which the budget shall be prepared by the council and the number of copies thereof to be forwarded to the central government under section 19 i the form in which an annual statement of accounts including the balancesheet shall be prepared by the council under subsection 1 of section 20 j the form in which and the time at which the annual report of the activities of the council shall be submitted to the central government under section 21 k any other matter which has to be or may be prescribed by rules.

section 28a. of the indian council of world affairs act : 128a. power to remove difficulties. if any difficulty arises in giving effect to the provisions of the indian council of world affairs amendment act, 5 of , the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of the indian council of world affairs amendment act, 5 of . 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament. 1. ins. by act 5 of , s. 5 w.e.f. .

section 24. of the indian council of world affairs act : the council shall furnish to the central government such reports, returns and other information as that government may require from time to time.

section 29. of the indian council of world affairs act : 1 the indian council of world affairs second ordinance, ord. 3 of is hereby repealed. 2 notwithstanding the repeal of the said ordinance, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 26. of the indian council of world affairs act : show related subordinates 1 the council may make regulations consistent with the provisions of this act and the rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the summoning and holding of meetings, other than the first meeting of the council, the time and place where such meetings are to be held and the transaction of business at such meetings under section 12 b the powers and functions to be exercised and discharged by the governing body and the chairperson under subsections 2 and 3 of section 14 c the procedure to be followed by the governing body in exercise of its powers and discharge of its functions and the term of office of, and the manner of filling vacancies among, the members of the governing body under subsection 4 of section 14 d the allowances to be paid to the chairperson and members of the governing body, standing and ad hoc committees under subsection 6 of section 14 e the powers and functions to be exercised and discharged by the directorgeneral under subsection 3 of section 15 f the conditions of service of the directorgeneral and other officers and employees of the council under subsection 6 of section 15 g any other matter which has to be or may be prescribed by regulations. 3 notwithstanding anything contained in subsection 1, the first regulations under this act shall be made by the governing body and any regulations so made may be altered or rescinded by the council in exercise of its powers under subsection 1.

section 27. of the indian council of world affairs act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the advocates welfare fund act : 1 the trustee committee shall meet at least once in every three calendar months and at least four such meetings shall be held in every year to transact business under this act and the rules made thereunder. 2 three members of the trustee committee shall form the quorum for a meeting of the trustee committee. 3 the chairperson of the trustee committee or, if for any reason, he is unable to attend a meeting of the trustee committee, any other member chosen by the members of the trustee committee present from amongst themselves at the meeting shall preside at the meeting. 4 all questions which come up in a meeting of the trustee committee shall be decided by a majority vote of the members of the trustee committee present and voting, and, in the event of an equality of votes, the chairperson, or in his absence, the member of the trustee committee presiding, shall have a second or casting vote.

section 1. of the advocates welfare fund act : 1 this act may be called the advocates welfare fund act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification, appoint and different dates may be appointed for different provisions of this act and for different states, and any reference in any such provision to the commencement of this act shall be construed in relation to any state as a reference to the coming into force of that provision in that state. 1. 1st november, whole of india except certain states, vide notification no. s.o. 946e, dated 26th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7., not to invalidate proceedings of trustee committee. of the advocates welfare fund act : no act or proceeding of the trustee committee shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the trustee committee or b any defect or irregularity in the nomination of a person acting as the chairperson or a member of the trustee committee or c any irregularity in the procedure of the trustee committee not affecting the merits of the case.

section 2. of the advocates welfare fund act : in this act, unless the context otherwise requires, a advocate means an advocate whose name has been entered in the state roll prepared and maintained by a state bar council under section 17 of the advocates act, 25 of and who is a member of a state bar association or state advocates association b appropriate government means, i in the case of advocates admitted on the roll of a bar council of a state, the state government ii in the case of advocates admitted on the roll of a bar council of a union territory, the central government c cessation of practice means removal of the name of an advocate from the state roll under section 26a of the advocates act, 25 of d chairperson means the chairperson of the trustee committee referred to in clause a of subsection 3 of section 4 e chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act f dependants means the spouse, parents or minor children of a member of the fund g fund means the advocates welfare fund constituted under subsection 1 of section 3 h insurer shall have the meaning assigned to it in clause 9 of section 2 of the insurance act, 4 of i member of the fund means an advocate admitted to the benefits of the fund and who continues to be a member thereof under the provisions of this act j notification means a notification published in the official gazette of the appropriate government and the expression notified shall be construed accordingly k prescribed means prescribed by rules made under this act l schedule means a schedule to this act m scheduled bank shall have the meaning assigned to it in clause e of section 2 of the reserve bank of india act, 2 of n stamp means the advocates welfare fund stamp printed and distributed under section 26 o state means a state specified in the first schedule to the constitution and shall include a union territory p state advocates association means an association of advocates in a state recognised by the bar council of that state under section 16 q state bar association means an association of advocates recognised by the bar council of that state under section 16 r state bar council means a bar council referred to in section 3 of the advocates act, 25 of s suspension of practice means voluntary suspension of practice as an advocate or suspension of an advocate by a state bar council for misconduct t trustee committee means the advocates welfare fund trustee committee established under subsection 1 of section 4 u vakalatnama includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority v words and expressions used and not defined in this act but defined in the advocates act, 25 of shall have the meanings respectively assigned to them in that act.

section 9.travelling and daily allowances to nominated chairperson and members of trustee committee of the advocates welfare fund act : the chairperson referred to in subsection 4 of section 4 and members of the trustee committee referred to in clauses e and f of subsection 3 of that section shall be entitled to be paid such travelling and daily allowances as are admissible to the members of the state bar council.

section 3. of the advocates welfare fund act : 1 the appropriate government shall constitute a fund to be called the advocates welfare fund. 2 there shall be credited to the fund a all amounts paid by a state bar council under section 15 b any other contribution made by a state bar council c any voluntary donation or contribution made to the fund by the bar council of india, any state bar association, any state advocates association or other association or institution, or any advocate or other person d any grant which may be made by the central government or a state government to the fund after due appropriation made in this behalf e any sums borrowed under section 12 f all sums collected under section 18 g all sums received from the life insurance corporation of india or any other insurer on the death of any member of the fund under any group insurance policy h any profit or dividend or refund received from the life insurance corporation of india or any other insurer in respect of policies of group insurance of the members of the fund i any interest or dividend or other return on any investment made out of any part of the fund j all sums collected by way of sale of stamps under section 26. 3 the sums specified in subsection 2 shall be paid to, or collected by, such agencies, at such intervals and in such manner, as may be prescribed.

section 10. of the advocates welfare fund act : the fund shall vest in, and be held and applied by, the trustee committee subject to the provisions, and for the purposes, of this act.

section 4. of the advocates welfare fund act : 1 with effect from such date as the appropriate government may, by notification, appoint in this behalf, there shall be established a trustee committee to be called the advocates welfare fund trustee committee. 2 the trustee committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by the said name, sue and be sued. 3 the trustee committee shall consist of a the advocategeneral of a state chairperson, ex officio: provided that where there is no advocategeneral of a state, the appropriate government shall nominate a senior advocate to be a chairperson b the secretary to the appropriate government in its law department or ministry member, ex officio c the secretary to the appropriate government in its home department or ministry member, ex officio d the chairman of the state bar council member, ex officio e the government pleader or the public prosecutor, as may be nominated by the appropriate government member f two advocates to be nominated by the state bar council member g the secretary of the state bar council secretary, ex officio. 4 the chairperson nominated under the proviso to clause a of subsection 3 shall hold office for a period not exceeding three years from the date on which he enters upon his office. 5 every member of the trustee committee nominated under clause e or clause f of subsection 3 shall hold office for a period not exceeding three years from the date on which he enters upon his office.

section 12. of the advocates welfare fund act : 1 the trustee committee may, with the prior approval of the appropriate government and the state bar council, borrow, from time to time, any sum required for carrying out the purposes of this act. 2 the trustee committee shall deposit all monies and receipts forming part of the fund in any scheduled bank or invest the same in debt instruments of any corporation owned or controlled by the appropriate government or in loans floated by the appropriate government or in any other manner as the state bar council may, from time to time, direct with the prior approval of the appropriate government. 3 all amounts due and payable under this act and all expenditure relating to the management and administration of the fund shall be paid out of the fund.

section 5. of the advocates welfare fund act : 1 the appropriate government shall remove from office the chairperson or any member of the trustee committee, who a is, or at any time has been, adjudged as an insolvent or b has become physically or mentally incapable of acting as the chairperson or a member of the trustee committee or c has been convicted of an offence which, in the opinion of the appropriate government, involves moral turpitude or d has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or a member of the trustee committee or e has so abused his position as to render his continuation in office detrimental to the public interest or f is, or at any time has been, absent without leave of the trustee committee for more than three consecutive meetings of the trustee committee: provided that the trustee committee may, on sufficient ground, condone the absence of such chairperson or member. 2 no such chairperson or member of the trustee committee shall be removed under clause d or clause e of subsection 1 unless he has been given a reasonable opportunity of being heard.

section 13. of the advocates welfare fund act : 1 the trustee committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts and annual report in such form and in such manner as may be prescribed. 2 the accounts of the trustee committee shall be audited annually by a chartered accountant appointed by the state bar council. 3 the accounts of the trustee committee as audited by the chartered accountant together with his audit report shall be forwarded to the state bar council by that committee and the state bar council may issue such directions, as it deems fit, to the trustee committee in respect thereof. 4 the trustee committee shall comply with the directions issued by the state bar council under subsection 3. 5 the trustee committee shall pay from the fund the charges for the audit as may be fixed by the state bar council.

section 6. of the advocates welfare fund act : 1 the chairperson referred to in subsection 4 of section 4 or a member nominated under clause e of subsection 3 of that section may resign his office by giving three months notice in writing to the appropriate government and on such resignation being accepted by the appropriate government such chairperson or member shall vacate his office. 2 a member nominated under clause f of subsection 3 of section 4 may resign his office by giving three months notice in writing to the state bar council and on such resignation being accepted by the state bar council such member shall vacate his office. 3 a casual vacancy in the office of the chairperson or a member referred to in subsection 1 who has resigned may be filled up, as soon as may be, by the appropriate government and the chairperson or a member so nominated shall hold office only so long as the chairperson or the member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur. 4 a casual vacancy in the office of a member referred to in subsection 2 who has resigned may be filled up, as soon as may be, by the state bar council and a member so nominated shall hold office only so long as the member in whose place he is nominated would have been entitled to hold office if the vacancy did not occur.

section 16. of the advocates welfare fund act : 1 any association of advocates known by any name which is registered as an association before the date of commencement of this act may, before the date to be notified by a state bar council in this behalf, apply for recognition to the state bar council in such form as may be prescribed. 2 any association of advocates known by any name which is registered as an association on or after the date of commencement of this act may, within three months from the date of its registration as an association, apply for recognition to the state bar council in such form as may be prescribed. 3 every application for recognition under subsection 1 or subsection 2 shall be accompanied by, a a copy of the rules or byelaws of the association b names and addresses of office bearers of the association c a list of members of the association containing the name, address, age, enrolment number and date of enrolment with the state bar council and the ordinary place of practice of each member. 4 the state bar council may, after such enquiry as it deems necessary, recognise the association and issue a certificate of recognition in such form as may be prescribed. 5 the decision of the state bar council on any matter regarding recognition of an association under subsection 4 shall be final. explanation.in this section, registered means registered or deemed to be registered under the societies registration act, 21 of , or any other law for the time being in force.

section 11. of the advocates welfare fund act : 1 subject to the provisions of this act and any other law for the time being in force, the trustee committee shall administer the fund. 2 without prejudice to the generality of the provisions contained in subsection 1, the trustee committee shall a hold the amounts and assets belonging to the fund in trust b receive applications for admission or readmission as members to the fund, and dispose of such applications within ninety days from the date of receipt thereof c receive applications from the members of the fund, their nominees or legal heirs, as the case may be, for payment out of the fund, conduct such enquiry as it deems necessary and dispose of the applications within five months from the date of receipt thereof d record in the minutes book of the trustee committee, its decisions on the applications e pay to the members of the fund or their nominees or legal heirs, as the case may be, the amounts at the rates specified in schedule i f send such periodical and annual reports as may be prescribed, to the appropriate government and the state bar council g communicate to the applicants, by registered post with acknowledgment due or through electronic mode, the decisions of the trustee committee in respect of applications for admission or readmission as members to the fund or claims to the benefit of the fund h do such other acts as are, or may be, required to be done under this act and the rules made thereunder.

section 14. of the advocates welfare fund act : the secretary of the trustee committee shall a be the chief executive authority of the trustee committee and responsible for carrying out its decisions b represent the trustee committee in all suits and proceedings for and against the trustee committee c authenticate by his signature all decisions and instruments of the trustee committee d operate bank account of the trustee committee jointly with the chairperson e convene meetings of the trustee committee and prepare minutes of such meetings f attend meetings of the trustee committee with all the necessary records and information g maintain such forms, registers and other records as may be prescribed from time to time and do all correspondence relating to the trustee committee h prepare an annual statement of business transacted by the trustee committee during a financial year i do such other acts as are or may be directed by the trustee committee and the state bar council.

section 15. of the advocates welfare fund act : the state bar council shall pay to the fund annually an amount equal to twenty per cent. of the enrolment fee received by it under clause f of section 24 of the advocates act, 25 of .

section 17. of the advocates welfare fund act : 1 every state bar association and state advocates association shall, on or before the 15th day of april of every year, furnish to the state bar council a list of its members as on the 31st day of march of that year. 2 every state bar association and state advocates association shall inform the state bar council of a any change in the membership including admissions and readmissions within thirty days of such change b the death or other cessation of practice or voluntary suspension of practice of any of its members within thirty days from the date of occurrence thereof c such other matters as may be required by the state bar council from time to time.

section 18. of the advocates welfare fund act : 1 every advocate practising, before the commencement of this act, in any court, tribunal or other authority in a state and being a member of a state bar association or a state advocates association in that state, shall apply, within six months of the commencement of this act, to the trustee committee for admission as a member of the fund, in such form as may be prescribed. 2 every person, a admitted as an advocate on the roll of a state bar council, after the commencement of this act b practising in any court, tribunal or other authority in a state and being a member of a state bar association or a state advocates association in that state, shall apply, within six months of his enrolment as an advocate, to the trustee committee, for admission as a member of the fund in such form as may be prescribed. 3 on receipt of an application under subsection 1 or subsection 2, the trustee committee shall make such enquiry as it deems fit and either admit the applicant to the fund or, for reasons to be recorded in writing, reject the application: provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard. 4 every applicant shall pay an application fee of two hundred rupees along with the application to the account of the trustee committee. 5 every advocate, being a member of the fund, shall pay an annual subscription of fifty rupees to the fund on or before the 31st day of march of every year: provided that every advocate, who makes an application under subsection 1 or subsection 2, shall pay his first annual subscription within three months of his becoming a member of the fund: provided further that a senior advocate shall pay an annual subscription of one thousand rupees. 6 any member of the fund, who fails to pay the annual subscription for any year before the 31st day of march of that year, shall be liable to be removed from the membership in the fund. 7 a member of the fund removed from the membership in the fund under subsection 6 may be readmitted to the fund, on payment of arrears along with readmission fee of ten rupees, within six months from the date of such removal. 8 every member of the fund shall, at the time of admission to the membership in the fund, make nomination conferring on one or more of his dependants the right to receive, in the event of his death, any amount payable to the member under this act. 9 if a member of the fund nominates more than one person under subsection 8, he shall specify in the nomination, the amount or share payable to each of the nominees. 10 a member of the fund may, at any time, cancel a nomination by sending a notice in writing to the trustee committee. 11 every member of the fund, who cancels his nomination under subsection 10, shall make a fresh nomination along with registration fee of five rupees. 12 every member of the fund, whose name has been removed from the state roll under section 26a of the advocates act, 25 of , or who voluntarily suspends practice, shall, within fifteen days of such removal or suspension, intimate such removal or suspension to the trustee committee and if any member of the fund fails to do so without sufficient reason, the trustee committee may reduce, in accordance with such principles as may be prescribed, the amount payable to that member under this act.

section 19. of the advocates welfare fund act : the trustee committee on an application made to it by a member of the fund, and after being satisfied about the genuineness of the claim, may allow ex gratia grant to such member from the fund a in the case of his hospitalisation or involving major surgical operation or b if he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from such other serious disease or disability.

section 24. of the advocates welfare fund act : the trustee committee may, for the welfare of the members of the fund,. a obtain, from the life insurance corporation of india or any other insurer, policies of group insurance on the life of the members of the fund or b provide, in such manner as may be prescribed, for medical and educational facilities for the members of the fund and their dependants or c provide monies to the members of the fund for purchase of books or d provide monies to construct or maintain common facilities for the members of the fund: provided that the trustee committee shall spend ten per cent. of the total annual subscription received under subsection 5 of section 18 on the construction or maintenance of common facilities for the members of the fund practising in the subordinate courts or e provide funds for any other purpose which the trustee committee may specify or f provide for such other benefits as may be prescribed.

section 20. of the advocates welfare fund act : the trustee committee may, on its own motion or on an application received from any person interested, within ninety days of the passing of any order by it under the provisions of this act, review such order, if it was passed under any mistake, whether of fact or of law or in ignorance of any material fact: provided that the trustee committee shall not pass any order under this section adversely affecting any person unless such person has been given an opportunity of being heard.

section 21. of the advocates welfare fund act : 1 every advocate who has been a member of the fund for a period of not less than five years shall, on his cessation of practice, be paid an amount at the rate specified in schedule i: provided that where the trustee committee is satisfied that a member of the fund ceases to practice within a period of five years from the date of his admission as a member of such fund as a result of any permanent disability, the trustee committee may pay such member an amount at the rate specified in schedule i. 2 where a member of the fund dies before receiving the amount payable under subsection 1, his nominee or legal heir, as the case may be, shall be paid the amount payable to the deceased member of the fund.

section 22., of interest of member in fund. of the advocates welfare fund act : 1 the interest of any member in the fund, or the right of a member of the fund or his nominee or legal heir to receive any amount from the fund, shall not be assigned, alienated, or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority. 2 no creditor shall be entitled to proceed against the fund or the interest therein of any member of the fund or his nominee or legal heir. explanation.for the purposes of this section, creditor includes the state or an official assignee or official receiver appointed under the law relating to insolvency for the time being in force.

section 27. of the advocates welfare fund act : 1 every advocate shall affix stamp of a value of a five rupees on every vakalatnama filed by him in a district court or a court subordinate to the district court b ten rupees on every vakalatnama filed by him in a tribunal or other authority or a high court or the supreme court: provided that the appropriate government may prescribe the value of the stamps not exceeding twentyfive rupees to be affixed under this subsection: provided further that the appropriate government may prescribe different value of the stamps to be affixed on every vakalatnama to be filed in a district court, or a court subordinate to the district court or a tribunal or other authority or a high court or the supreme court. 2 the value of the stamp shall neither be the cost in a case nor be collected in any event from the client. 3 any contravention of the provisions of subsection 1 or subsection 2 by any advocate shall disentitle him either in whole or in part to the benefits of the fund and the trustee committee shall report such contravention to the state bar council for appropriate action. 4 every stamp affixed on every vakalatnama filed before a district court or a court subordinate to the district court or a tribunal or other authority or a high court or the supreme court shall be cancelled in such manner as may be prescribed.

section 23. of the advocates welfare fund act : notwithstanding anything contained in the incometax act, 43 of or any other enactment for the time being in force relating to tax on income, profits or gains, the income accrued to the fund constituted under subsection 1 of section 3 shall be exempt from incometax.

section 26. of the advocates welfare fund act : 1 the appropriate government shall, on a request made by the state bar council in this behalf, cause to be printed and distributed advocates welfare fund stamps of the value of five rupees or such other value, which may be prescribed, inscribing therein advocates welfare fund stamp, in such design as may be prescribed. 2 every stamp referred to in subsection 1 shall be of the size 2.54 c.m. by 5.08 c.m. and sold to the advocates. 3 the custody of the stamps shall be with the state bar council. 4 the state bar council shall control the distribution and sale of the stamps through the state bar associations and the state advocates associations. 5 the state bar council, the state bar associations and the state advocates associations shall keep proper accounts of the stamps in such form and manner as may be prescribed. 6 the state bar associations and state advocates associations shall purchase the stamps from the state bar council after paying the value thereof as reduced by ten per cent. of such value towards incidental expenses.

section 25. of the advocates welfare fund act : 1 an appeal against any decision or order of the trustee committee shall lie to the state bar council. 2 the appeal shall be in the prescribed form and shall be accompanied by a a copy of the decision or order appealed against b a receipt evidencing payment of twentyfive rupees to the credit of the state bar council in any of the branches of a scheduled bank. 3 the appeal shall be filed within thirty days from the date of receipt of the decision or order appealed against. 4 the decision of the state bar council on such appeal shall be final.

section 33. of the advocates welfare fund act : 1 without prejudice to the generality of the foregoing provisions of this act, the trustee committee shall, in exercise of the powers or the performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to professional and administrative matters, as the appropriate government may give in writing to it from time to time: provided that the trustee committee shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the appropriate government, whether a question is one of policy or not, shall be final.

section 28. of the advocates welfare fund act : no senior advocate, or a person in receipt of pension from the central government or a state government, shall be entitled to ex gratia grant under section 19 or payment of amount on his cessation of practice under section 21 or any benefit under clause a or clause b or clause c of section 24.

section 35. of the advocates welfare fund act : 1 the central government, being the appropriate government, may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the periodical and annual reports to be sent under clause f of section 11 b the form and the manner in which the annual statement of accounts and annual report shall be prepared under subsection 1 of section 13 c the forms, registers and other records to be maintained under clause g of section 14 d the form in which an association of advocates may apply for recognition to the state bar council under subsection 1 or subsection 2 of section 16 e the form in which a certificate of recognition shall be issued by the state bar council under subsection 4 of section 16 f the form in which an advocate shall apply for admission as a member of the fund under subsection 1 or subsection 2 of section 18 g the principles in accordance with which the amount payable to a member of the fund be reduced under subsection 12 of section 18 h the manner of providing medical and educational facilities for the members of the fund and their dependants under clause b of section 24 i the other benefits to be provided under clause f of section 24 j the form of appeal under subsection 2 of section 25 k the value and design of stamps to be printed and distributed under subsection 1 of section 26 l the form and the manner in which accounts of the stamps shall be kept under subsection 5 of section 26 m the value of stamps not exceeding twentyfive rupees as may be prescribed under the first proviso to subsection 1 of section 27 n the value of stamps to be affixed on every vakalatnama under the second proviso to subsection 1 of section 27 o the manner of cancellation of stamps under subsection 4 of section 27 p any other matter which is to be, or may be, prescribed.

section 30. of the advocates welfare fund act : no civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this act required to be settled, decided or dealt with or to be determined by the trustee committee or the state bar council.

section 29. of the advocates welfare fund act : no suit, prosecution or other legal proceedings shall lie against the appropriate government or the trustee committee or the chairperson or a member or the secretary of the trustee committee or the state bar council or any person for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 31. of the advocates welfare fund act : the trustee committee and the state bar council shall, for the purpose of any enquiry under this act, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a enforcing the attendance of any person or examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavit d issuing commissions for the examination of witnesses e any other matter which may be prescribed.

section 32. of the advocates welfare fund act : 1 the appropriate government may, on the recommendation of the trustee committee, by notification, and having due regard to the availability of the amount in the fund, amend the rates specified in schedule i. 2 the central government may, as and when considered necessary, by notification, amend schedule ii.

section 37. of the advocates welfare fund act : 1 every rule made under this act by the central government and every notification issued under section 32, shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 2 every rule made under this act by a state government and every notification issued under section 32 shall be laid, as soon as may be after it is made, before each house of state legislature where it consists of two houses, or where such legislature consists of one house, before that house.

section 34. of the advocates welfare fund act : 1 if at any time the appropriate government is of the opinion a that, on account of circumstances beyond the control of the trustee committee, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act or b that the trustee committee has persistently defaulted in complying with any direction given by the appropriate government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act or c that circumstances exist which render it necessary in the public interest so to do, the appropriate government may, by notification and for reasons to be specified therein, supersede the trustee committee for such period, not exceeding six months, as may be specified in the notification and appoint, in consultation with the chief justice of the high court having jurisdiction, a judge of the high court to be the controller of the trustee committee: provided that before issuing any such notification, the appropriate government shall give a reasonable opportunity to the trustee committee to make representations against the proposed supersession and shall consider the representations, if any, of the trustee committee. 2 upon the publication of a notification under subsection 1 superseding the trustee committee, a the chairperson, members and the secretary of the trustee committee shall, as from the date of supersession, vacate their offices as such b all powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the trustee committee shall, until the trustee committee is reconstituted under subsection 3, be exercised and discharged by the controller of the trustee committee and c all properties and fund owned or controlled by the trustee committee shall, until the trustee committee is reconstituted under subsection 3, vest in the appropriate government. 3 on or before the expiration of the period of supersession specified in the notification issued under subsection 1, the appropriate government shall reconstitute the trustee committee by a fresh appointment of its chairperson, members and secretary of such committee and in such case a person who had vacated his office under clause a of subsection 2 shall not be deemed to be disqualified for reappointment. 4 the appropriate government shall cause a copy of the notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament or before each house of the state legislature, where it consists of two houses or where such legislature consists of one house, before that house, as the case may be, at the earliest.

section 38. of the advocates welfare fund act : the provisions of this act shall not apply to the states in which the enactments specified in schedule ii are applicable.

section 36. of the advocates welfare fund act : 1 the state government, being the appropriate government, may, by notification, make rules for carrying out the provisions of this act and not inconsistent with the rules, if any, made by the central government. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the periodical and annual reports to be sent under clause f of section 11 b the form and the manner in which the annual statement of accounts and annual report shall be prepared under subsection l of section 13 c the forms, registers and other records to be maintained under clause g of section 14 d the form in which an association of advocates may apply for recognition to the state bar council under subsection 1 or subsection 2 of section 16 e the form in which a certificate of recognition shall be issued by the state bar council under subsection 4 of section 16 f the form in which an advocate shall apply for admission as a member of the fund under subsection 1 or subsection 2 of section 18 g the principles in accordance with which the amount payable to a member of the fund be reduced under subsection 12 of section 18 h the manner of providing medical and educational facilities for the members of the fund and their dependants under clause b of section 24 i the other benefits to be provided under clause f of section 24 j the form of appeal under subsection 2 of section 25 k the value and design of stamps to be printed and distributed under subsection 1 of section 26 l the form and the manner in which accounts of the stamps shall be kept under subsection 5 of section 26 m the value of stamps not exceeding twentyfive rupees as may be prescribed under the first proviso to subsection 1 of section 27 n the value of stamps to be affixed on every vakalatnama under the second proviso to subsection 1 of section 27 o the manner of cancellation of stamps under subsection 4 of section 27 p any other matter which is to be or may be prescribed.

section 7. of the scheduled securities hyderabad act : 1 the scheduled securities hyderabad ordinances, xxxvii of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this act, as if this act had commenced on the 31st day of december,.

section 2. of the scheduled securities hyderabad act : in this act, i bank means the reserve bank of india ii scheduled security means any government security, specified in the schedule to this act, but does not include any duplicate security issued under the provisions of section 4 iii transfer, in relation to a scheduled security, includes the transfer of any interest in the scheduled security.

section 6. of the scheduled securities hyderabad act : no suit, prosecution or other legal proceeding shall lie against the central government, the bank or any person for anything done or intended to be done in good faith in pursuance of the provisions of this act.

section 4. of the scheduled securities hyderabad act : 1 notwithstanding anything contained in any law for the time being in force, the bank shall issue to the government of hyderabad duplicate securities payable to that government in lieu of the scheduled securities as if such securities had been lost, and such duplicate securities shall have the same effect as if they had been issued under section 11 of the public debt central government act, xviii of . 2 on the issue of duplicate securities under subsection 1, all rights of remedies vested in or enforceable by any person in respect of the scheduled securities, in lieu of which such duplicate securities have been issued, shall be deemed to be extinguished. 3 the bank shall impound all scheduled securities which are or have been presented to it and cancel the same.

section 1. of the scheduled securities hyderabad act : this act may be called the scheduled securities hyderabad act,.

section 5. of the scheduled securities hyderabad act : no suit or other legal proceeding for the enforcement of any rights or remedies in respect of any scheduled security shall be instituted in any court save with the previous consent of the central government.

section 3. of the scheduled securities hyderabad act : the bank shall not, without the approval in writing of the central government, recognize for any purpose any transfer of a scheduled security otherwise than to the government of hyderabad made or purported to have been made before the 31st day of december, , and notwithstanding any transfer so made or purported to have been so made and notwithstanding anything contained in any law for the time being in force, the scheduled security shall be deemed to be, and always to have been, vested in the government of hyderabad.

section 4. of the contingency fund of india act : show related subordinates 11 for the purpose of carrying out the objects of this act, the central government may, 6 by notification in the official gazette, make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into and the withdrawal of moneys from, the contingency fund of india. 22 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 4 renumbered as subsection 1 by act 51 of , s. 2 w.e.f . 2. ins. by s. 2, ibid. w.e.f .

section 3. of the contingency fund of india act : the contingency fund of india shall be held on behalf of the president by a secretary to the government of india in the ministry of finance, and no advances shall be made out of such fund except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by parliament under appropriations made by law.

section 2. of the contingency fund of india act : 11 there shall be established a contingency fund in the nature of an impress entitled the contingency fund of india, into which shall be paid from and out of the consolidated fund of india a sum of 2fifty crores of rupees. 32 on and from the date on which the finance bill, receives the assent of the president, the sum which shall be paid from and out of the consolidated fund of india into the contingency fund of india under subsection 1 shall stand enhanced to five hundred crores of rupees. 43 on and from the date on which the finance bill, receives the assent of the president, the sum which shall be paid from and out of the consolidated fund of india into the contingency fund of india under subsection 2 shall stand enhanced to thirty thousand crores of rupees. 5provided that during the period beginning on the 28th day of july, and ending on the 31st day of march, , this section shall have effect subject to the modification that for the words fifty crores of rupees, the words five hundred and fifty crores of rupees shall be substituted: provided further that during the period beginning on the 24th day of january, and ending on the 31st day of march, , this section shall have effect subject to the modification that for the words fifty crores of rupees, the words thirtytwo thousand four hundred and ninety crores of rupees shall be substituted. 1. section 2 numbered as subsection 1 by act 18 of , s. 115 w.e.f. . 2.subs. by act 81 of thirty crores of rupees w.e.f . 3. ins. by act 18 of , s. 115 w.e.f. . 4. ins. by act 13 of , s. 127 w.e.f. . 5. subs. by act 4 of , s. 2 for proviso w.e.f. .

section 1. of the contingency fund of india act : this act may be called the contingency fund of india act, .

section 8. of the laws local extent act : nothing herein contained shall a bar the power of the central government or the state government under any law for the time being in force, to extend to any place any act mentioned in the said first schedule b extend any act empowering the state government to extend the same or any part thereof, or affect in any manner the exercise of such power c affect the operation of any act or regulation heretofore extended to or declared to be in force in any of the scheduled districts d revive any enactment which has been repealed either generally or with reference to some special subject 1 j extend to any of the towns of calcutta, madras and bombay any law not now in force therein 2jj extend to pargana bhadohi or pargana kera mangror in the mirzapur district, or to pargana kaswa raja in the benares district, any law not now in force therein k affect the operation of any enactment not mentioned in any of the schedules hereto annexed. 1. clauses e and h were rep. by act 8 of , clause f by act 12 of , clause g by act 8 of and clause i by act 4 of . 2. ins. by act 14 of , s.15.

section 7. of the laws local extent act : the enactments mentioned in the fifth schedule hereto annexed are now in force throughout the whole of the territories now subject to the government of the lieutenantgovernor of the northwestern provinces of the presidency of fort william, except the scheduled districts subject to such government.

section 1. of the laws local extent act : this act may be called the laws local extent act, .

section 3. of the laws local extent act : the acts mentioned in the first schedule hereto annexed are now in force 1in the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states and the scheduled districts. 1. subs. by the a.o. for throughout all the provinces of india, except. 2. subs. by the adaptation of laws no. 2 order, , for part b states w.e.f. .

section 2. of the laws local extent act : in this act the expression scheduled districts means the territories mentioned in the sixth schedule hereto annexed.

section 6. of the laws local extent act : the enactments mentioned in the fourth schedule hereto annexed are now in force throughout the whole of the territories now subject to the government of the lieutenantgovernor of bengal, except the scheduled districts subject to such government.

section 4. of the laws local extent act : the enactments mentioned in the second schedule hereto annexed are now in force throughout the whole of the territories now subject to the government of the governor of fort st. george in council, except the scheduled districts subject to such government.

section 5. of the laws local extent act : the enactments mentioned in the third schedule hereto annexed are now in force throughout the whole of the territories now subject to the government of the governor of bombay in council, except the scheduled districts subject to such government.

section 5c. of the dock workers regulation of employment act : 15c. accounts and audit.1 every board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including a balancesheet in such form as may be prescribed by rules made under this act. 2 the accounts of the board shall be audited annually by the comptroller and auditorgeneral of india or by such other auditors qualified to act as auditors of companies under the law for the time being in force relating to companies, as the government may appoint. 3 the auditors shall, at all reasonable times, have access to the books of accounts and other documents of the board and may, for the purposes of the audit, call for such explanation and information as they may require or examine any member or officer of the board. 4 the auditors shall forward to the government a copy of their report together with an audited copy of the accounts of the board. 5 the cost of the audit as determined by the government shall be paid gui of the funds of the board. 1. ins. by s. 5, ibid. w.e.f. .

section 1. of the dock workers regulation of employment act : 1 this act may be called the dock workers regulation of employment act, . 2 it extends to the whole of india 1except the state of jammu and kashmir. 1. subs. by act 3 of , s. 3 and the schedule, for except part b states. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the dock workers regulation of employment act : 1 the government may, by notification in the official gazette and subject to the condition of previous publication, make one or more schemes for a port or group of ports, and may in the like manner and subject to the like condition add to, amend, vary or revoke any scheme made by it. 2 the provisions of section 23 of the general clauses act, 10 of , shall apply to the exercise of a power given by subsection 1 as they apply to the exercise of a power given by a central act to make rules subject to the condition of previous publication. 3 the government may direct the port authority of any port to prepare, in accordance with such instructions as may from time to time be given to it, one or more draft schemes for the port, and the port authority shall comply with such direction.

section 5. of the dock workers regulation of employment act : 1 the government may, or if it decides to make any scheme under section 4, shall, constitute an advisory committee, to advise upon such matters arising out of the administration of this act or any scheme made thereunder as the government may refer to it for advice. 12 the members of the advisory committee shall be appointed by the government and shall be of such number and chosen in such manner as may be prescribed by rules made under this act: provided that the advisory committee shall include an equal number of members representing i the government, ii the dock workers, and iii the employers of dock workers, and shipping companies. 3 the chairman of the advisory committee shall be one of the members appointed to represent the government, nominated in this behalf by the government. 4 the government shall publish in the official gazette the names of all members of the advisory committee. 2 1. subs. by act 8 of , s. 4, for subsection 2 w.e.f. . 2. omitted by s. 4, ibid. w.e.f. .

section 5d. of the dock workers regulation of employment act : 15d. annual report.every board shall prepare, in such form and at such time in each financial year as may be specified by rules made under this act, its annual report, giving full accounts of its activities during the previous financial year, and submit a copy thereof to the government. 1. ins. by act 56 of , s. 2.

section 5a. of the dock workers regulation of employment act : 15a. dock labour boards.1 the government may, by notification in the official gazette, establish a dock labour board for a port or group of ports to be known by such name as may be specified in the notification. 2 every such board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued. 3 every such board shall consist of a chairman and such number of other members as may he appointed by the government: provided that every such board shall include an equal number of members representing i the government, ii the dock workers, and iii the employers of dock workers, and shipping companies. 4 the chairman of a board shall be one of the members appointed to represent the government, and nominated in this behalf by the government. 1. ins. by s. 5, ibid. w.e.f. .

section 6. of the dock workers regulation of employment act : 1 the government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act at such ports as may be specified in the notification. 2 every inspector shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 3 an inspector may, at any port for which he is appointed, a enter, with such assistance if any as he thinks fit, any premises or vessel where dock workers are employed b require any authority or person to produce any register, musterroll or other document relating to the employment of dock workers, and examine such document c take on the spot or otherwise the evidence of any person for the purpose of ascertaining whether the provisions of any scheme made for the port are, or have been, complied with. 4 the government may, by notification in the official gazette, prescribed the manner in which and the persons by whom complaints regarding contravention of any provision of a scheme may be made to an inspector and the duties of the inspector in relation to such complaints.

section 2. of the dock workers regulation of employment act : in this act, unless there is anything repugnant in the subject or context, 1a board means a dock labour board established under section 5a 2aa cargo includes anything carried or to be carried in a ship or other vessel b dock worker means a person employed or to be employed in, or in the vicinity of, any port on work in connection with the loading, unloading, movement or storage of cargoes, or work in connection with the preparation of ships or other vessels for the receipt or discharge of cargoes or leaving port c employer, in relation to a dock worker, means the person by whom he is employed or to be employed as aforesaid d government means, in relation to any major port, the central government and, in relation to any other port, the state government e scheme means a scheme made under this act. 1. ins. by act 8 of , s. 2 w.e.f. . 2. clause a relettered as clause aa by s. 2, ibid, w.e.f. .

section 5e. of the dock workers regulation of employment act : 15e. annual report and audited accounts, to be laid before parliament or legislature.the annual report, and the audited accounts of the board, together with auditors report thereon and a review by the government on the working of the board, shall, within a period of nine months of the close of the financial year, be laid before each house of parliament, if such report and accounts have been submitted to the central government, and before the legislature of the state, if such report and accounts have been submitted to the state government: provided that where such report, accounts and the review are not laid before parliament or, as the case may be, before the legislature of the state within the said period, the same shall be so laid thereafter along with the reasons for the delay. 1. ins. by act 56 of , s. 2.

section 3. of the dock workers regulation of employment act : 1 provision may be made by a scheme for the registration of dock workers 1and employers with a view to ensuring greater regularity of employment and for regulating the employment of dock workers, whether registered or not, in a port. 2 in particular, a scheme may provide a for the application of the scheme to such classes of dock workers and employers as may be specified therein b for defining the obligations of dock workers and employers subject to the fulfilment of which the scheme may apply to them and the circumstances in which the scheme shall cease to apply to any dock workers or employers c for regulating the recruitment and entry into the scheme of dock workers, 2and the registration of dock workers and employers, including the maintenance of registers, the removal either temporarily or permanently, of names from the registers and the imposition of fees for registration d for regulating the employment of dock workers, whether registered or not, and the terms and conditions of such employment, including rates of remuneration, hours of work and conditions as to holidays and pay in respect thereof e for securing that, in respect of periods during which employment, or full employment, is not available for dock workers to whom the scheme applies and who are available for work, such workers will, subject to the conditions of the scheme, receive a minimum pay f for prohibiting, restricting or otherwise controlling the employment of dock workers to whom the scheme does not apply and the employment of dock workers by employers to whom the scheme does not apply 3ff for creating such fund or funds as may be necessary or expedient for the purposes of the scheme and for the administration of such fund or funds g for the training 4 of dock workers, in so far as satisfactory provision therefore does not exist apart from the scheme 5gg for the welfare of the officers and other staff of the board 6 i for the manner in which, and the persons by whom, the cost of operating the scheme is to be defrayed 7j for constituting 8 the authority to be responsible for the administration of the scheme k for such incidental and supplementary matters as may necessary or expedient for the purposes of the scheme. 3 a scheme may further provide that a contravention of any provision thereof shall be punishable with imprisonment for such term as may be specified but in no case exceeding three months in respect of a first contravention or six months in respect of any subsequent contravention, or with fine which may extend to such amount as may be specified but in no case exceeding five hundred rupees in respect of a first contravention or one thousand rupees in respect of any subsequent contravention, or with both imprisonment and fine as aforesaid. 1. ins. by s. 3, ibid. w.e.f. . 2. subs. by s. 3, ibid., for and their registration w.e.f. . 3. ins. by act 8 of , s. 3 w.e.f. . 4. the words and welfare omitted by act 54 of , s. 23 w.e.f. . 5. ins. by act 31 of , s. 2 6 omitted by act 54 of , s. 23 w.e.f. . 7 subs. by act 29 of , s. 2, for clause j. 8 the words whether as a body corporate or otherwise omitted by act 8 of , s. 3 w.e.f. .

section 6a. of the dock workers regulation of employment act : 16a. power to order inquiry.1 the government may, at any time, appoint any person to investigate or inquire into the working of a board and submit a report to the government. 2 the board shall give to the person so appointed all facilities for the proper conduct of the investigation or inquiry and furnish to him such documents, accounts or information in the possession of the board as he may require. 1. ins. by act 8 of , s. 6 w.e.f. .

section 5b. of the dock workers regulation of employment act : 15b. functions of a board.1 a board shall be responsible for administering the scheme for the port or group of ports for which it has been established and shall exercise such powers and perform such functions as may be conferred on it by the scheme. 2 in the exercise of its powers and the discharge of its functions, a board shall be bound by such directions as the government may, for reasons to be stated in writing, give to it from time to time. 1. ins. by s. 5, ibid. w.e.f. .

section 7a. of the dock workers regulation of employment act : 17a. offences by companies.1 if the person committing an offence made punishable by a scheme or any abetment thereof is a company, every person who, at the time the offence or abetment was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence or abetment and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence or abetment was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence or abetment. 2 notwithstanding anything contained in subsection 1, where an offence made punishable by a scheme or any abetment thereof has been committed by a company and it is proved that the offence or abetment has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence or abetment and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm and other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. ins. by act 31 of , s. 3.

section 8. of the dock workers regulation of employment act : 18. power to make rules.1 the government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 in particular and without prejudice to the generality of the forgoing power, such rules may provide for a the compositions of the advisory committee and boards and the manner in which members of the advisory committee and the boards shall be chosen b the term of office of, and the manner of filling casual vacancies among, the members of a board or the advisory committee c the meetings of a board and the advisory committee, the quorum for such meetings and the conduct of business thereat d the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of a board e the allowances, if any, payable, to the members of a board or the advisory committee f the disqualifications for membership of a board g the form in which a board shall prepare its annual statement of accounts and the balance sheet. 2 1. ins. by act 8 of , s. 7 w.e.f. . 2. omitted by act 49 of , s. 4.

section 9. of the dock workers regulation of employment act : 19. saving.every dock labour board established for a port or a group of ports before the commencement of the dock workers regulation of employment amendment act, 8 of , under a scheme made under section 4, and functioning as such immediately before such commencement shall be deemed to be a board established under section 5a and, accordingly, all the provisions of this act shall apply to every such board. 1. ins. by act 8 of , s. 7 w.e.f. .

section 6c. of the dock workers regulation of employment act : 16c. acts or proceeding of board and advisory committee not to be invalidated.no act or proceeding of a board or the advisory committee shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the board or the advisory committee, or b any defect in the appointment of a person acting as a member of the board or the advisory committee, or c any irregularity in the procedure of the board or the advisory committee not affecting the merits of the case. 1. ins. by act 8 of , s. 6 w.e.f. .

section 7. of the dock workers regulation of employment act : 1 no court shall take cognizance of any offence made punishable by a scheme or of any abetment thereof, except on a report in writing of the facts constituting such offence or abetment made by an inspector or by a person specially authorised in this behalf by the government. 2 notwithstanding anything contained in the code of criminal procedure 5 of , an offence made punishable by a scheme or an abetment thereof shall be triable only by a presidency magistrate or a magistrate of the first class. 1. see now the code of criminal procedure, 2 of .

section 8a. of the dock workers regulation of employment act : 1 28a. schemes and rules to be laid before parliament. every scheme and every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or rule or both houses agree that the scheme or rule should not be made, the scheme or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme or rule. 1. ins. by act 8 of , s. 7 w.e.f. . 2. ins. by s. 5, ibid.

section 6b. of the dock workers regulation of employment act : 16b. power to supersede a board.1 if, on consideration of the report under section 6a or otherwise, the government is of opinion a that, on account of a grave emergency, a board is unable to perform its functions, or b that a board has persistently made default in the discharge of its functions or has exceeded or abused its powers, the government may, by notification in the official gazette, supersede the board for such period as may be specified in the notification: provided that, before issuing a notification under this subsection on any of the grounds mentioned in clause b, the government shall give a reasonable opportunity to the board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the board. 2 upon the publication of a notification under subsection 1, a all the members of the board shall, as from the date of such publication, vacate their offices as such members b all the powers and functions which may be exercised or performed by the board shall, during the period of supersession, be exercised or performed by such person as may be specified in the notification c all funds and other property vested in the board shall, during the period of supersession, vest in the government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the government may a extend the period of supersession for such further period as it may consider necessary or b reestablish the board in the manner provided in section 5a. 1. ins. by act 8 of , s. 6 w.e.f. .

section 7. of the police act : nothing in this act shall be deemed to affect the provisions contained in the delhi special police establishment act, 25 of .

section 1. of the police act : 1 this act may be called the police act, . 2 it extends to all the 1 union territories. 3 it shall come into force in a 2 union territory on such date as the central government may, by notification in the official gazette, appoint in this behalf for 3 such territory. 1. subs., ibid., for part c states. 2. subs., ibid., for part c state. 3. subs., ibid., for such state.

section 2. of the police act : in this act general policedistrict means the general policedistrict constituted under section 3.

section 4. of the police act : the entire police establishment in a general policedistrict shall be one police force and shall consist of such number of officers and men and shall be constituted in such manner as the central government may, by order, direct.

section 3. of the police act : notwithstanding anything contained in the police act, 5 of , the central government may, by notification in the official gazette, constitute a general policedistrict embracing two or more 1 union territories. 1. subs. by the adaptation of laws no. 3 order, , for chief commissioners provinces.

section 5. of the police act : 1 the superintendence of the police throughout a general policedistrict shall vest in, and be exercised by, the central government. 2 the administration of the said police force shall vest in an officer, appointed in this behalf by the central government, who shall exercise in respect of that police force such of the powers exercisable by an inspectorgeneral of police under the police act, 5 of , as the central government may, by notification in the official gazette, specify in this behalf.

section 6. of the police act : save as otherwise expressly provided in this act, the provisions of the police act, 5 of , shall apply to the police force constituted for the general policedistrict as if it were one police force constituted for a state, and members of the said police force shall have, in every part of 1 any territory which is included in the general policedistrict, the same powers, duties and privileges, and shall be subject to the same liabilities, as they would have had, or would have been subject to, as police officers if they had formed a police establishment under one state government. 1. subs., ibid., for any state.

section 7a. of the jallianwala bagh national memorial act : show related subordinates 17a. power to approve audited accounts.the trust shall meet at least once in a year to approve the audited accounts of the trust and shall transact such other business as may be considered necessary. 1. ins. by act 51 of , s. 4 w.e.f. .

section 2. of the jallianwala bagh national memorial act : show related subordinates in this act, unless the context otherwise requires, a memorial means the jallianwala bagh national memorial to perpetuate the memory of those killed or wounded on the 13th day of april, , on the site known as the jallianwala bagh, amritsar b trust means the trust for the erection and management of the memorial. c trustees means the trustees of the jallianwala bagh national memorial.

section 3. of the jallianwala bagh national memorial act : show related subordinates the objects of the trust shall be a to erect and maintain suitable buildings, structures and parks at or near the site of the jallianwala bagh in the city of amritsar, to perpetuate the memory of those who were killed or wounded on the 13th day of april, , on the said site b to acquire lands, buildings and other properties for the purposes of the trust and c to raise and receive funds for the purposes of the memorial.

section 7. of the jallianwala bagh national memorial act : show related subordinates 1 for the purposes of managing the affairs of the trust, the trustees may, by resolution passed at a meeting, appoint a committee of management, and entrust to it such powers, duties and functions, under such directions and limitations, as may be defined by such resolution. 2 the trustees may appoint any person as members of the committee of management, whether such person are trustees or not, and may, from time to time, vary or rescind any resolution passed by it under this section.

section 8. of the jallianwala bagh national memorial act : show related subordinates no act of the trustees shall be deemed to be invalid merely by reason any vacancy in, or any defect in the constitution of, the body of trustees.

section 1. of the jallianwala bagh national memorial act : show related subordinates this act may be called the jallianwala bagh national memorial act, .

section 5. of the jallianwala bagh national memorial act : show related subordinates 15. term of office of nominated trustees.the trustees nominated under clause g of subsection 1 of section 4 shall be trustees for a period of five years, and shall be eligible for renomination. 2provided that the term of office of a trustee nominated under clause g of subsection 1 of section 4 may be terminated before the expiry of the period of five years by the central government. 1. subs. by act 51 of , s. 3, for section 5 w.e.f. . 2. ins. by act 39 of , s. 3 w.e.f. .

section 8a. of the jallianwala bagh national memorial act : show related subordinates 18a. accounts and audit.1 the accounts of the trust shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the trust to the comptroller and auditorgeneral. 2 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the trust under this act shall, have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the trust. 3 the accounts of the trust as certified by the comptroller and auditorgeneral or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by the trust and the central government shall cause the audit report to be laid, as soon as may be, after it is received, before each house of parliament. 1. ins. by s. 5, ibid.w.e.f. .

section 6. of the jallianwala bagh national memorial act : show related subordinates all the property and funds set out in the schedule to this act and all other property, whether movable or immovable which may hereafter be given, bequeathed or otherwise transferred for the purposes of the memorial or acquired for the said purposes shall vest in the trustees.

section 4. of the jallianwala bagh national memorial act : show related subordinates 11 the trustees of the jallianwala bagh national memorial shall be the following, namely: a the prime minister chairperson, 2 c the minister incharge of culture, 3d the leader of opposition recognised as such in the house of the people or where there is no such leader of opposition, then the leader of the single largest opposition party in that house e the governor of the state of punjab, f the chief minister of the state of punjab, and g three eminent persons to be nominated by the central government. 2 the trustees shall be a body corporate with perpetual succession by the name of the trustees of the jallianwala bagh national memorial and a common seal, and in that name shall sue and be sued, and shall have power acquire and hold property, to enter into contracts and to do all acts necessary for, and consistent with, the purposes of this act. 1. subs. by act 51 of , s. 2, for subsection 1 w.e.f. . 2. clause b omitted by act 39 of , s. 2 w.e.f. . 3. subs. by s. 2, ibid., for clause d w.e.f. .

section 10a. of the jallianwala bagh national memorial act : show related subordinates 110a. rules and regulations to be laid before parliament.every rule or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. ins. by act 51 of , s. 6, for section 10 w.e.f. .

section 9. of the jallianwala bagh national memorial act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the objects of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the manner in which funds belonging to the memorial shall be kept deposited or invested b the mode of authentication of orders for payment of money by the trustees c the form in which accounts shall be kept by the trustees and the audit and publication of such accounts d the laying out, erection, improvement, maintenance and management of the memorial and the care and custody of the properties thereof. e the conditions under which the public shall have access to the memorial or particular parts thereof and the regulation of the conduct of persons entering the precincts of the memorial f the preservation of, and the prevention of injury to or interference with, any property vested in the trustees and the prevention of persons from trespassing into any particular part of the memorial. 12a every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 3 a rule made under this section made provide that a breach of any rule made under clauses e and f of subsection 2 shall be punishable with fine which may extend to one hundred rupees. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 10. of the jallianwala bagh national memorial act : show related subordinates the trustees may make regulations consistent with this act for all or any of the following purposes, namely a the manner in which meetings of the trustees shall be convened the quorum for the transaction of any business thereat and the procedure at such meetings b the manner in which a majority decision of the trustees shall be obtained by circulation to the trustees of the matter requiring decision c the term of office of members of the committee of management their powers and duties, and the circumstances in which and the conditions subject to which such powers and duties may be exercised d the appointment of such officers and servants as may be necessary for the purposes of the trust, and their terms and conditions of service.

section 8. of the coal bearing areas acquisition and development act : 1 any person interested in any land in respect of which a notification under section 7 has been issued may, within thirty days of the issue of the notification, object to the acquisition of the whole or any part of the land or of any rights in or over such land. explanation.it shall not be an objection within the meaning of this section for any person to say that he himself desires to undertake mining operations in the land for the production of coal and that such operations should not be undertaken by the central government or by any other person. 2 every objection under subsection 1 shall be made to the competent authority in writing, and the competent authority shall give the objector an opportunity of being heard either in person or by a legal practitioner and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, 1either make a report in respect of the land which has been notified under subsection 1 of section 7 or of rights in or over such land, or make different reports in respect of different parcels of such land or of rights in or over such land, to the central government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that government. 3 for the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land or any rights in or over such land were acquired under this act. 1. subs. by act 54 of , s. 2, for certain words w.e.f. .

section 1. of the coal bearing areas acquisition and development act : show related subordinates 1 this act may be called the coal bearing areas acquisition and development act, . 2 it extends to the whole of india, except the state of jammu and kashmir. 3 it shall come into force on such date1as the central government may, by notification in the official gazette, appoint. 1. 12th june, , vide notification no. s.r.o. e, dated 10th june, , see gazette of india, extraordinary, part ii, sec. 3i. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the coal bearing areas acquisition and development act : show related subordinates 1 if the central government is satisfied that coal is obtainable in the whole or any part of the land notified under subsection 1 of section 4, it may, within a period of two years from the date of the said notification or within such further period not exceeding one year in the aggregate as the central government may specify in this behalf, by notification in the official gazette, give notice of its intention to acquire the whole or any part of the land or of any rights in or over such land, as the case may be. 2 if no notice to acquire the land or any rights in or over such land is given under subsection 1 within the period allowed thereunder, the notification issued under subsection 1 of section 4 shall cease to have effect on the expiration of three years from the date thereof.

section 2. of the coal bearing areas acquisition and development act : in this act, unless the context otherwise requires, a competent authority means any person appointed to be a competent authority under section 3 b government company means a government company as defined in section 617 of the companies act, 1 of , in which any land or rights in or over land shall have vested under section 11 c mineral concession rules means the rules for the time being in force made under the mines and minerals regulation and development act, 53 of 1cc mining lease includes a mining sublease, and lessee shall be construed accordingly d the expression person interested includes all persons claiming an interest in compensation to be made on account of the acquisition of land, or of the acquisition, extinguishment or modification of any rights in or over land, under this act e prescribed means prescribed by rules made under this act f tribunal means the tribunal constituted under section 14. 1. ins. by act 51 of , s. 2 w.e.f. .

section 9. of the coal bearing areas acquisition and development act : show related subordinates 1 when the central government is satisfied, after considering the report, if any, made under section 8 that any land or any rights in or over such land should be acquired, a declaration shall be made by it to that effect 1, and different declarations may be made from time to time in respect of different parcels of any land, or of rights in or over such land, covered by the same notification under subsection 1 of section 7, irrespective of whether one report or different reports has or have been made wherever required under subsection 2 of section 8: 2provided that no declaration in respect of any particular land, or rights in or over such land, covered by a notification under subsection 1 of section 7, issued after the commencement of the coal bearing areas acquisition and development amendment and validation act, 54 of , shall be made after the expiry of three years from the date of the said notification: provided further that, where a declaration relates to any land or to any rights in or over land belonging to a state government which has or have not been leased out, no such declaration shall be made except after previous consultation with the state government. 2 3every declaration shall be published in the official gazette, and a in any case where land is to be acquired, shall state the district or other territorial division in which the land is situate and its approximate area and, where a plan shall have been made of the land, the place where such plan may be inspected b in any case where rights in or over such land are to be acquired, shall state the nature and extent of the rights in addition to the matters relating to the land specified in clause a and a copy of every such declaration shall be sent to the state government concerned. 1. ins. by s. 3, ibid. w.e.f . 2. subs. by s. 3, ibid., for provided that, where the declaration w.e.f. . 3. subs. by s. 3, ibid., for the declaration w.e.f. .

section 4. of the coal bearing areas acquisition and development act : show related subordinates 1 whenever it appears to the central government that coal is likely to be obtained from land in any locality, it may, by notification in the official gazette, give notice of its intention to prospect for coal therein. 2 every notification under subsection 1 shall give a brief description of the land and state its approximate area. 3 on the issue of a notification under subsection 1, it shall be lawful for the competent authority and for his servants and workmen a to enter upon and survey any land in such locality b to dig or bore into the subsoil c to do all other acts necessary to prospect for coal in the land d to set out the boundaries of the land in which prospecting is proposed to be done and the intended line of the work, if any, proposed to be made thereon e to mark such boundaries and line by placing marks and f where otherwise the survey cannot be completed and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house unless with the consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of his intention to do so. 4 in issuing a notification under this section the central government shall exclude therefrom that portion of any land in which coal mining operations are actually being carried on in conformity with the provisions of any enactment, rule or order for the time being in force or any premises on which any process ancillary to the getting, dressing or preparation for sale of coal obtained as a result of such operations is being carried on are situate.

section 3. of the coal bearing areas acquisition and development act : the central government may, by notification in the official gazette, appoint any person to be the competent authority for the purposes of this act and different persons may be appointed as competent authorities for different provisions of this act and for different areas.

section 6. of the coal bearing areas acquisition and development act : 1 whenever any action of the nature described in subsection 3 of section 4 is to be taken, the competent authority shall, before or at the time such action is taken, pay or tender payment for all necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered, he shall at once refer the dispute to the decision of the central government, and the decision of the central government shall be final. 2 the fact that there exists any such dispute as is referred to in this section shall not be a bar to action under subsection 3 of section 4.

section 5. of the coal bearing areas acquisition and development act : on the issue of a notification under subsection 1 of section 4 in respect of any land a any prospecting licence 1which authorises any person to prospect for coal or any other mineral in the land shall cease to have effect and b any mining lease 2 shall, in so far as it authorises the lessee or any person claiming through him to undertake any operation in the land, cease to have effect for so long as the notification under that subsection is in force. 1. subs. by act 51 of , s. 3, for granted to any person under the mineral concession rules which authorises him w.e.f. . 2 the words granted to any person under the mineral concession rules omitted by s. 3, ibid. w.e.f. .

section 9a. of the coal bearing areas acquisition and development act : 19a. special powers in cases of urgency.if the central government is satisfied that it is necessary to acquire immediately the whole or any part of the land notified under subsection 1 of section 4 or any rights in or over such land, the central government may direct that the provisions of section 8 shall not apply, and if it does so direct, a declaration may be made under section 9 in respect thereof at any time after the issue of the notification under section 7. 1. ins. by act 51 of , s. 4 w.e.f .

section 10. of the coal bearing areas acquisition and development act : 1 on the publication in the official gazette of the declaration under section 9, the land or the rights in or over the land, as the case may be, shall vest absolutely in the central government 1free from all encumbrances. 2 where the rights under any mining lease 2granted or deemed to have been granted by a state government to any person are acquired under this act, the central government shall, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted by the state government to the central government, the period thereof being the entire period for which such a lease could have been granted by the state government under those rules. 1. ins. by s. 5, ibid. w.e.f. 2. subs. by act 51 of , s. 5, for granted by a state government w.e.f. .

section 11. of the coal bearing areas acquisition and development act : 1 notwithstanding anything contained in section 10, the central government may, if it is satisfied that a government company is willing to comply, or has complied, with such terms and conditions as the central government may think fit to impose, direct, by order in writing, that the land or the rights in or over the land, as the case may be, shall, instead of vesting in the central government under section 10 or continuing to so vest, vest in the government company either on the date of publication of the declaration or on such other date as may be specified in the direction. 2 where the rights under any mining lease acquired under this act vest in a government company under subsection 1, the government company shall, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted by the state government to the government company, the period thereof being the entire period for which such a lease could have been granted by the state government under those rules and all the rights and liabilities of the central government in relation to the lease or the land covered by it shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the government company.

section 16. of the coal bearing areas acquisition and development act : if the sum which in the opinion of the tribunal ought to have been awarded as compensation is in excess of the sum which the central government has stated to be a fair amount of compensation, the award of the tribunal may direct that the central government shall pay interest on such excess at the rate of five per centum per annum from the date on which it became payable to the date of payment of such excess.

section 12. of the coal bearing areas acquisition and development act : the competent authority may, by notice in writing, require any person in possession of any land acquired under this act to surrender or deliver possession of the land within such period as may be specified in the notice, and if a person refuses or fails to comply with any such notice, the competent authority may enter upon and take possession of the land, and for that purpose may use or cause to be used such force as may be necessary.

section 13. of the coal bearing areas acquisition and development act : 1 where a prospecting licence ceases to have effect under section 5, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of all items of reasonable and bona fide expenditure actually incurred in respect of the land, that is to say, i the expenditure incurred in obtaining the licence ii the expenditure, if any, incurred in respect of the preparation of maps, charts and other documents relating to the land, the collection from the land of cores or other mineral samples and the due analysis thereof and the preparation of any other relevant records or material iii the expenditure, if any, incurred in respect of the construction of roads or other essential works on the land, if such roads or works are in existence and in a usable condition iv the expenditure, if any, incurred in respect of any other operation necessary for prospecting carried out in the land. 2 where the rights under a mining lease are acquired under this act, there shall be paid to the person interested compensation, the amount of which shall be a sum made up of the following items, namely, i if the lease was granted after prospecting operations had been carried out in respect of the land under a prospecting licence, the sum of all items of reasonable and bona fide expenditure actually incurred with respect to the matters specified in clauses i, ii, iii and iv of subsection 1 before the date of the lease: provided that where two or more leases had been granted in relation to any land covered previously by one prospecting licence, only so much of the expenditure aforesaid as bears to the total expenditure the same proportion as the area under the mining lease in respect of which the rights have been acquired bears to the total area covered by the mining leases shall be payable under this clause ii any reasonable and bona fide expenditure of the nature referred to in clauses i, ii and iii of subsection 1 actually incurred in relation to the lease, together with the salami, if any, paid for obtaining the lease iii the expenditure, if any, incurred by way of payment of deadrent or minimum royalty during any year or years when there was no production of coal iv interest on any such expenditure referred to in clauses i, ii and iii as has actually been incurred 1up to the year in which the rights under the lease are acquired, interest being calculated in the following manner, that is to say, interest at the rate of five per centum per annum in respect of the expenditure incurred during each calendar year for the first five years commencing from the year in which such expenditure was incurred plus interest at the rate of four per centum per annum in respect of each subsequent year after the expiration of the first five years and ending with the year in which the rights under the lease are acquired: provided that the total sum payable under this clause shall not exceed onehalf of the total amount referred to in 2clauses i, ii and iii. 3 where the rights under a mining lease acquired under section 9 relate only to a part of the land covered by the mining lease, the amount of compensation payable shall be such as bears to the total compensation which would have been payable if the rights of the mining lessee in respect of the entire land had been acquired, the same proportion which the area of the land in respect of which the rights are acquired bears to the total area of the land covered by the mining lease. 4 where a mining lease ceases to have effect for any period under clause b of section 5, there shall be paid by way of compensation for the period during which the lease so ceased to have effect, a sum equivalent to five per centum of any such expenditure as is referred to in clauses i and iii of subsection 2 for each year during which the lease remains suspended. 5 where any land is acquired under section 9, there shall be paid compensation to the person interested the amount of which shall be determined after taking into consideration a the market value of the land at the date of the publication of the notification under subsection 1 of section 4 explanation.the value of any minerals lying in the land shall not be taken into consideration in determining the market value of any land b the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the taking possession thereof c the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of severing such land from other land d the damage, if any, sustained by the person interested, at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings e if, in consequence of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change and f the damage, if any, bona fide resulting from diminution of the profits of the land between the time of the publication of the notification under subsection 1 of section 4 and the time of the publication of the declaration under subsection 2 of section 9. 35a in determining the amount of compensation for any land acquired under section 9, any increase to the value of the other land of the person interested, likely to accrue from the use to which the land acquired will be put shall not be taken into consideration. 6 where any operation carried on by or on behalf of the central government in the exercise of any powers conferred by this act causes or is likely to cause damage to the surface of any land or any works thereon and in respect thereof no provision for compensation is made elsewhere in this act, the competent authority shall pay or tender payment for all such damage, and, in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it is to be paid or tendered, he shall refer the dispute to the decision of the tribunal. 7 no compensation under this section in relation to maps, charts and other documents shall be paid unless the person to whom it is payable has delivered to the prescribed authority all the maps, charts and other documents. 1. subs. by act 51 of , s. 6, for during the period commencing from the date of the lease and ending with w.e.f. . 2. subs. by s. 6, ibid., for clauses ii and iii w.e.f. . 3. ins. by act 54 of , s. 4 w.e.f. .

section 14. of the coal bearing areas acquisition and development act : 1 where the amount of any compensation payable under this act can be fixed by agreement, it shall be paid in accordance with such agreement. 2 where no such agreement can be reached, the central government shall constitute a tribunal consisting of a person who is or has been or is qualified to be a judge of a high court for the purpose of determining the amount. 3 the central government may in any particular case nominate a person having expert knowledge in mining to assist the tribunal, and where such nomination is made, the person or persons interested may also nominate any other person for the same purpose. 4 at the commencement of the proceedings before the tribunal the central government and the person interested shall state what in their respective opinions is a fair amount of compensation. 5 the tribunal shall after hearing the dispute, make an award determining the amount of compensation which appears to it to be just, and specify the person or persons to whom the compensation shall be paid and in making the award the tribunal shall have regard to the circumstances of each case and to the foregoing provisions of this act with respect to the manner in which the amount of compensation shall be determined in so far as the said provisions or any of them may be applicable. 6 where there is a dispute as to the person or persons entitled to compensation and the tribunal finds that more persons than one are entitled to compensation, it shall apportion the amount thereof among such persons and in such manner as it thinks fit. 7 nothing in the arbitration act, 10 of , shall apply to any proceedings under this section. 18 the tribunal, in the proceedings before it, shall have all the powers which a civil court has while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: i summoning and enforcing the attendance of any person and examining him on oath ii requiring the discovery and production of any document iii reception of evidence on affidavits iv requisitioning any public record from any court or office and v issuing commissions for examination of witnesses. 1. ins. by s. 5, ibid. w.e.f. .

section 15. of the coal bearing areas acquisition and development act : every award made by the tribunal shall also state the amount of costs incurred in the proceedings before it and by what persons and in what proportions they are to be paid.

section 18a. of the coal bearing areas acquisition and development act : 118a. payment to state governments in lieu of royalty.notwithstanding anything contained in this act, where any land or any rights in or over land belonging to a state government other than the rights under a mining lease granted or deemed to have been granted by the state government to any person vest in the central government under section 10 or in a government company under section 11, the central government or the company, as the case may be, may pay to the state government such sum of money as would have been payable as royalty by a lessee had such land or rights been under a mining lease granted by the state government. 1. ins. by s. 7, ibid. w.e.f. .

section 22. of the coal bearing areas acquisition and development act : the competent authority, or any person authorised in writing by it in this behalf, by general or special order, may enter and inspect any property for the purpose of determining whether and, if so, in what manner an order under this act should be made in relation to any property or with a view to securing compliance with any order made under this act.

section 17. of the coal bearing areas acquisition and development act : 1 any compensation payable under this act may be tendered or paid to the persons interested entitled thereto, and the central government shall pay it to them unless prevented by some one or more of the contingencies mentioned in subsection 2. 2 if the persons interested entitled thereto shall not consent to receive it or if there be any dispute as to the sufficiency of the amount of compensation or the title to receive it or the apportionment thereof, the central government shall deposit the amount of compensation with the tribunal: provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: 1provided further that every person who claims to be an interested person whether such person has been admitted to be interested or not including the person referred to in the preceding proviso shall be entitled to prefer a claim for compensation before the tribunal: provided also that no person who has received the amount otherwise than under protest shall be entitled to prefer any such claim before the tribunal. 3 when the amount of compensation is not paid or deposited as required by this section, the central government shall be liable to pay interest thereon at the rate of five per centum per annum from the time the compensation became due until it shall have been so paid or deposited. 1. subs. by act 54 of , s. 6, for the second proviso w.e.f. .

section 18. of the coal bearing areas acquisition and development act : where prospecting is done under this act by or on behalf of the central government in any land situate within the jurisdiction of a state government or where the central government or a government company has become the lessee of a state government in respect of any land under this act, the terms and conditions under which the prospecting can be done or rights under the lease exercised shall, as far as may be, be the same as the terms and conditions applicable to prospecting licences and mining leases under the mineral concession rules and in case of doubt or dispute, shall be settled by arbitration or in such other manner as the central government and the state government may decide.

section 24. of the coal bearing areas acquisition and development act : subject to any rules that may be made under this act, every notice or order issued or made under this act shall a in the case of a notice or order of a general nature or affecting a number of persons, be notified in the official gazette and also published in the locality in such manner as may be prescribed and b in the case of a notice or order directed to an individual 1be served on such individual, i wherever it is practicable to do so by delivering or tendering it to that individual or ii if it cannot be so delivered or tendered, by affixing it on the door or some other conspicuous part of the residence in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood or iii failing service by these means, by post. 1. ins. by act 58 of , s. 3 and the second schedule w.e.f. .

section 19. of the coal bearing areas acquisition and development act : show related subordinates the central government may, by notification in the official gazette, direct that all or any of the powers or duties which may be exercised or discharged by it under this act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged also by any person specified in this behalf in the notification and any such person may, with the previous approval of the central government, by order in writing, direct that any power or duty which has been directed to be exercised or discharged by him shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any such person subordinate to him as may be specified therein.

section 25. of the coal bearing areas acquisition and development act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any person for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceeding shall lie against the central government or the competent authority or any other person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 20. of the coal bearing areas acquisition and development act : 1 any person aggrieved by any award of the tribunal under section 14 may, within thirty days from the date of such award, prefer an appeal to the high court within whose jurisdiction the land or some portion of the land which has been acquired or the land or some portion of the land covered by a prospecting licence or by a mining lease in respect of which mining rights have been acquired is situate. 2 any person aggrieved by an order made by a competent authority or by any other person in virtue of any powers exercisable by him under this act may, within twentyone days from the date of the order, prefer an appeal to the central government. 3 on receipt of an appeal under subsection 2, the central government may, after calling for a report from the competent authority of person concerned, and giving an opportunity to the parties to be heard, and after making such further inquiry as may be necessary, pass such orders as it thinks fit, and the order of the central government shall be final. 4 where an appeal is preferred under subsection 2, the central government may stay the enforcement of the order of the competent authority or person concerned for such period and on such conditions as it thinks fit.

section 26. of the coal bearing areas acquisition and development act : save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the central government or the competent authority or any other person is empowered by or under this act to determine.

section 21. of the coal bearing areas acquisition and development act : the central government or any person authorised in writing by it in this behalf may, by order in writing, require any person to furnish to such authority as may be specified in the order such information in his possession as may be required relating to any property in respect of which action is proposed to be taken under this act.

section 28. of the coal bearing areas acquisition and development act : 1 every notification issued before the commencement of this act, whether by the central government or by a state government, under section 4 of the land acquisition act, 1 of hereinafter referred to as the said act, in which lands were stated to be needed for the prospecting of coal seams for the development of collieries to be worked by the union of india shall be deemed to have been issued by the central government under section 4 of this act as if this act had been in force on the date of the notification. 2 every notification issued before the commencement of this act, whether by the central government or by a state government, under section 6 of the said act in which lands were stated to be needed for the development of coal shall be deemed to have been issued under section 9 of this act as if this act had been in force on the date of the notification. 3 any objection preferred under section 5a of the said act in respect of any land covered by any notification issued under section 4 of the said act shall be deemed to be an objection preferred under section 8 of this act to the relevant competent authority and may be 1disposed of by him as if the objection had been made in relation to a notification issued under section 7 of this act 2in respect of such land or of any rights in or over such land and the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof or any rights in or over such land or part. 33a where in respect of any land covered by any notification issued under section 4 of the said act, no objection has been preferred under section 5a thereof within the period specified in that section, then it shall be deemed that a notification had been issued under section 7 of this act in respect of such land or of any rights in or over such land and that no objection to the acquisition of the land or any rights in or over the land had been preferred under section 8 of this act, and accordingly the central government may at any time make a declaration under section 9 of this act in respect of the land or any part thereof or any rights in or over such land or part. 4 subject to the other provisions contained in this section, the provisions of this act including provisions relating to compensation shall apply in relation to any such notification as is referred to in subsection 1 or subsection 2 as they apply in relation to any notification issued under section 4 or section 9, as the case may be, of this act. 1. subs. by act 51 of , s. 7, for disposed of by him accordingly w.e.f. . 2. subs. by act 23 of , s. 2, for certain words w.e.f. . 3. ins. by act 23 of , s. 2 w.e.f. .

section 23. of the coal bearing areas acquisition and development act : whoever wilfully obstructs any person in doing any of the acts authorised by subsection 3 of section 4 or wilfully fills up, destroys, damages or displaces any mark made under section 4, or wilfully obstructs the lawful exercise of any other power conferred by or under this act, or fails to comply with any order made or direction given under this act, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 27. of the coal bearing areas acquisition and development act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure to be followed in making any inquiry under this act b the procedure to be followed by the tribunal in proceedings under section 14 c the form and manner in which appeals to the central government may be made under this act and d any other matter which has to be, or may be, prescribed. 13 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 8. of the road transport corporations act : 11 the state government may remove from office the chairman or any other 2director of the corporation who a is or becomes subject to any of the disqualifications mentioned in section 6 or b without excuse sufficient in the opinion of the state government is absent for more than four consecutive meetings of the 3board. 4 52 the state government may terminate the appointment of any director after giving him notice for such period being not less than one month as may be prescribed: provided that the appointment of a director appointed by the central government shall not be terminated under this subsection without the concurrence of that government. 1. section 8 renumbered as subsection 1 thereof by s. 5, ibid. w.e.f . 2. subs. by s. 5, ibid., for member w.e.f. . 3. subs. by s. 5, ibid., for corporation w.e.f. . 4. omitted by act 71 of , s. 7a and the first schedule w.e.f. . 5. ins. by act 63 of , s. 5 w.e.f. .

section 1. of the road transport corporations act : 1 this act may be called the road transport corporations act, . 2 it extends to the whole of india 1: 2provided that on and from the commencement of the delhi road transport laws amendment act, , this act, as amended by the said act, shall extend to, and be in force in, the union territory of delhi: 3provided further that on and from the commencement of the road transport corporations amendment act, , this act, as amended by the said act, shall extend to the union territory of mizoram. 4 1. the words except the union territory of delhi omitted by act 71 of , s. 2 w.e.f. . 2. the proviso added by s. 2, ibid. w.e.f. . 3. ins. by act 63 of , s. 2 w.e.f. . 4. omitted by act 71 of , s. 7a and the first schedule w.e.f. .

section 2. of the road transport corporations act : in this act, unless the context otherwise requires, a ancillary service means any subsidiary service which provides amenities or facilities to persons making use of any road transport service of a corporation 1aa board means the board of directors of a corporation b corporation means a road transport corporation established under section 3 1bb director means a member of the board c extended area means any area or route to which the operation of any road transport service of a corporation has been extended in the manner provided in section 20 d prescribed means prescribed by rules made under this act e road transport service means a service carrying passengers or goods or both by road in vehicles for hire or reward f vehicle means any mechanically propelled vehicle, used or capable of being used for the purpose of road transport, and includes a tramcar, a trollyvehicle and a trailer g words and expressions used but not defined in this act and defined in the motor vehicles act, 4 of , have the meaning assigned to them in that act 2 1. ins. by act 63 of , s. 16 and the schedule w.e.f. . 2. omitted by a.o. no. 3, .

section 7. of the road transport corporations act : 7. resignation of office by the chairman or a 1director.the chairman or any other 1director of a corporation may resign his office by giving notice in writing to the state government and, on such resignation being accepted by that government, shall be deemed to have vacated his office. 1. subs. by s. 16 and the schedule, ibid., for member w.e.f. .

section 3. of the road transport corporations act : the state government having regard to a the advantages offered to the public, trade and industry by the development of road transport b the desirability of coordinating any form of road transport with any other form of transport c the desirability of extending and improving the facilities for road transport in any area and of providing an efficient and economical system of road transport service therein, may, by notification in the official gazette, establish a road transport corporation for 1the whole or any part of the union territory of delhi under such name as may be specified in the notification. 1. subs. by act 71 of , s. 7a and the first schedule, for the whole or any part of the state w.e.f. .

section 9. of the road transport corporations act : no act or proceeding of a 1corporation or its board shall be invalid by reason only of the existence of any vacancy 2in its board or any defect in the constitution thereof. 1. subs. by s. 16 and the schedule, ibid., for corporation w.e.f. . 2. subs. by s. 16 and the schedule, ibid., for amongst its members w.e.f. .

section 6. of the road transport corporations act : 6. disqualifications for being chosen as, or for being, a 1director of a corporation.21 a person shall be disqualified for being chosen as, or for being, a 1director of a corporation a if he is found to be a lunatic or a person of unsound mind or b if he has been adjudged insolvent or c if he has been convicted of an offence involving moral turpitude or d if he has, directly or indirectly, any interest in any subsisting contract made with, or in any work being done for, the corporation except as a shareholder other than a director in an incorporated company, provided that where he is a shareholder he shall disclose to the state government the nature and extent of shares held by him in such company or e if he has any financial interest in any other road transport undertaking. 32 nothing in clause d of subsection 1 shall be deemed to disqualify the 4managing director of a corporation for being chosen as, or for being, a 5director thereof. 63 nothing in clause e of subsection 1 shall be deemed to disqualify, a any officer or other employee of the government for being chosen as, or for being, a director of a corporation b any officer or other employee of a corporation for being chosen as, or for being, a director of another corporation. 1. subs. by s. 4, ibid., for member of a corporation w.e.f. . 2. section 6 renumbered as subsection 1 thereof by act 28 of , s. 2 w.e.f. . 3. ins. by act 28 of , s. 2 w.e.f. . 4. subs. by act 63 of , s. 4, for chief executive officer or general manager w.e.f. . 5. subs. by s. 4, ibid., for member w.e.f. . 6. ins. by s. 4, ibid. w.e.f. .

section 4. of the road transport corporations act : every corporation shall be a body corporate by the name notified under section 3 having perpetual succession and a common seal, and shall by the said name sue and be sued.

section 10. of the road transport corporations act : 110. temporary association of persons with a 1board for particular purposes. a 1board may associate with itself for any particular purpose in such manner as may be determined by regulations made under this act any person whose assistance or advice it may desire. 2 a person associated with it by the 1board under subsection 1 for any purpose shall have a right to take, part in the discussions of the 1board relevant to that purpose, but shall not have a right to vote at a meeting of the 1board. 1. subs. by s. 16 and the schedule, ibid., for corporation w.e.f. .

section 5. of the road transport corporations act : 15. management of corporation and board of directors.1 the general superintendence, direction and management of the affairs and business of a corporation shall vest in a board of directors which, with the assistance of its committees and managing director, may exercise all such powers and do all such acts and things as may be exercised or done by the corporation. 2 the board shall consist of a chairman and such other directors, being not less than five and not more than seventeen, as the state government may think fit to appoint. 3 the state government may, if it so thinks fit appoint one of the other directors as the vicechairman of the board. 4 rules made under this act shall provide for the representation, both of the central government and of the state government concerned, on the board in such proportion as may be agreed to by both the government and of appointment by each government of its own representatives thereto and where the capital of a corporation is raised by the issue of shares to other parties under subsection 3 of section 23, provision shall also be made for the representation of such shareholders on the board and the manner in which the representatives shall be elected by such shareholders. 5 the term of office of and the manner of filling casual vacancies among the directors shall be such as may be prescribed. 1. subs. by act 63 of , s. 3, for section 5 w.e.f. .

section 14. of the road transport corporations act : 11 every corporation shall have a managing director, a chief accounts officer and a financial adviser, appointed by the state government: provided that the same person may be appointed as the chief accounts officer and the financial adviser. 2 a corporation may appoint 2a secretary and such other officers and employees as it considers necessary for the efficient performance of its functions. 33 the conditions of appointment and service and the scales of pay of the officers and employees of of a corporation shall a as respects the managing director, the chief accounts officer and the financial adviser, or, as the case may be, the chief accounts officercumfinancial adviser, be such, as may be prescribed, and b as respects the other officers and employees, be such, as may, subject to the provisions of section 34, be determined by regulations made under this act. 1. subs. by s. 8, ibid., for subsection 1 w.e.f. . 2. subs. by s. 8, ibid., for such other officers and servants w.e.f. . 3. subs. by act 63 of , s. 8, for subsection 3 w.e.f. .

section 11. of the road transport corporations act : 1 11. meetings of 1board. a 1board shall meet at such times and places and shall, subject to the provisions of subsections 2 and 3, observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this act: provided that the 1board shall meet at least once in every three months. 2 the person to preside at a meeting of a 2board shall be the chairman thereof, or in his absence from any meeting, the vicechairman, if any, or in the absence of both the chairman and the vicechairman, 3such director as may be chosen by the directors present from among themselves to preside. 3 all questions at a meeting of a 2board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the chairman or, in his absence, any other person presiding shall have a second or casting vote. 1. subs. by s. 16 and the schedule, ibid., for corporation w.e.f. . 2. subs. by act 63 of , s. 16 and the schedule, for corporation w.e.f. . 3. subs. by s. 16 and the schedule, ibid., for such member as may be chosen by the members present w.e.f. . .

section 17. of the road transport corporations act : the state government may, after ascertaining the views of the corporation, by notification in the official gazette, constitute one or more advisory councils consisting of such number of persons, on such terms, and for the purpose of advising the corporation on such matters, as may be specified in that notification.

section 17a. of the road transport corporations act : 117a. establishment of subsidiary corporations.1 where a corporation hereinafter in this section referred to as the parent corporation is satisfied that it is expedient or necessary so to do for the more efficient discharge of its functions under this act, it may, with the concurrence of the state government and the central government, frame by notification in the official gazette a scheme or schemes providing for the establishment of one or more subsidiary corporations. 2 a scheme framed under subsection 1 shall specify the subsidiary corporation or corporations which shall become established thereunder, the date or dates with effect from which they shall be so established, the powers and functions of the parent corporation which such subsidiary corporation or corporations may exercise and discharge, the conditions and limitations subject to which such powers may be exercised, the management of the affairs of each such subsidiary corporation by a board of directors, the capital of each such subsidiary corporation and all other matters relating to such subsidiary corporations corresponding to the various matters for which provisions have been made in this act with respect to the parent corporation: provided that a no subsidiary corporation shall start operation on any new route without the previous approval of the parent corporation b the representatives of the central government on the board of directors of a subsidiary corporation shall be in proportion to its contribution to the capital of the parent corporation c the liability of the central government to provide contribution to the capital of the subsidiary corporation or to the parent corporation shall not be increased without the approval of the central government d a subsidiary corporation shall have a managing director, a chief accounts officer and a financial adviser or a chief accounts officercumfinancial adviser, and such officers shall be appointed by the state government e the state government and the parent corporation shall have power to give directions to a subsidiary corporation in respect of any matter, including directions relating to recruitment conditions of service and training of the employees of the subsidiary corporation, wages to be paid to such employees, reserves to be maintained by the subsidiary corporation f the capital budget, the revenue budget and the annual development plans of a subsidiary corporation shall be submitted for approval to the parent corporation and where such budget or plan involves any deficit, also to the state government. 3 every subsidiary corporation established under a scheme framed under subsection 1 shall be a body corporate, by the name specified in the scheme having perpetual succession and a common seal and shall by the said name sue and be sued. 1. ins. by s. 10, ibid. w.e.f. .

section 12. of the road transport corporations act : 11 a 2board may, from time to time by resolution passed at a meeting a appoint committees 3consisting of directors for performing such functions as may be specified in the resolution b delegate to any such committee or to the 4chairman, vicechairman, chief executive officer, the general manager, the deputy general manager or the chief accounts officer of the corporation subject to such conditions and limitations, if any, as may be specified in the resolution, such of its powers and duties as it may think fit c authorised the 5managing director 6or any other officer of the corporation subject to such such conditions and limitations, if any, as may be specified in the resolution to exercise such powers and perform such duties as it may deem necessary for the efficient daytoday administration of its business. 72 the chairman, vicechairman or managing director may delegate any of his powers and duties duties including powers and duties delegated to him under subsection 1 to any officer of the corporation, and the officer to whom such powers and duties are delegated, shall exercise and perform such powers and duties under the control and supervision of the managing director. 1. section 12 renumbered as subsection 1 thereof by s. 6, ibid. w.e.f . 2. subs. by s. 6, ibid., for corporation w.e.f. . 3. subs. by s. 6, ibid., for of its members w.e.f. . 4. subs. by act 71 of , s. 7a and the first schedule, for chairman or vicechairman w.e.f. . 5. subs. by act 63 of , s. 6, for chief executive officer or general manager w.e.f. . 6. ins. by act 28 of , s. 3 w.e.f. . 7. ins. by act 63 of , s. 6 w.e.f. .

section 13. of the road transport corporations act : 113. authentication of orders and other instruments.all orders and decisions of the board shall be authenticated by the signature of the secretary or by any such other officer of the corporation as may be authorised in this behalf by the board or under the regulations made under section 45 and all other instruments issued by a board shall be authenticated by the signature of the managing director or any other officer of the corporation authorised in like manner in this behalf. 1. subs. by s. 7, ibid., for s. 13 w.e.f. .

section 16. of the road transport corporations act : no person who has directly or indirectly, by himself or his partner or agent, any share or interest in any contract, by or on behalf of a corporation, or in any other road transport undertaking shall become or remain an 1officer or other employee of the corporation. 1. subs. by s. 16 and the schedule, ibid., for officer or servant w.e.f. .

section 15. of the road transport corporations act : 115. managing director, chief accounts officer and financial adviser.1 the managing director shall be the executive head of the corporation and all other officers and employees of the corporation shall be subordinate to him. 2 the managing director shall obtain the views of the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officercumfinancial adviser, on every proposal involving revenues, or expenditure from the fund, of the corporation and shall cause such views to be placed before the board prior to the consideration of such proposal by the board. 1. subs. by s. 9, ibid., for section 15 w.e.f. .

section 18. of the road transport corporations act : it shall be the general duty of a corporation so to exercise its powers as progressively to provide or secure or promote the provision of, an efficient, adequate, economical and properly coordinated system of road transport services in the 1union territory of delhi or part thereof for which it is established and in any extended area: provided that nothing in this section shall be construed as imposing on a corporation, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court or tribunal to which it would not otherwise be subject. 1. subs. by act 71 of , s. 7a and the first schedule, for state or part of the state w.e.f. .

section 19. of the road transport corporations act : 1 subject to the provisions of this act, a corporation shall have power a to operate road transport services in the 1union territory of delhi and in any extended area b to provide for any ancillary service c to provide for its employees suitable conditions of service including fair wages, establishment of provident fund, living accommodation, places for rest and recreation and other amenities 2d to authorise the issue of passes to its employees and other persons either free of cost or at concessional rates and on such conditions as it may deem fit to impose e to authorise the grant of refund in respect of unused tickets and concessional passes. 2 subject to the provisions of this act, the powers conferred by subsection 1 shall include power a to manufacture, purchase, maintain and repair rolling stock, vehicles, appliances, plant, equipment or any other thing required for the purpose of any of the activities of the corporation referred to in subsection 1 explanation.in this clause, the expression manufacture does not include the construction of the complete unit of a motor vehicle except for purposes of experiment or research b to acquire and hold such property, both movable and immovable, as the corporation may deem necessary for the purpose of any of the said activities, and to lease, sell or otherwise transfer any property held by it c to prepare schemes for the acquisition of, and to acquire, either by agreement or compulsorily in accordance with the law of acquisition for the time being in force in the 3union territory of delhi and with such procedure as may be prescribed, whether absolutely or for any period, the whole or any part of any undertaking of any other person to the extent to which the activities thereof consist of the operation of road transport services in 4that union territory or in any extended area d to purchase by agreement or to take on lease or under any form of tenancy any land and to erect thereon such buildings as may be necessary for the purpose of carrying on its undertaking e to authorise the disposal of scrap vehicles, old tyres, used oils, 5any other stores of scrap value, or such other stores as may be declared to be obsolete in the prescribed manner. f to enter into and perform all such contracts as may be necessary for the performance of its duties and the exercise of its powers under the act g to purchase vehicles of such type as may be suitable for use in the road transport services operated by the corporation h to purchase or otherwise secure by agreement vehicles, garages, sheds, office buildings, depots, land, workshops, equipment, tools, accessories to and spare parts for vehicles, or any other article owned or possessed by the owner of any other undertaking for use thereof by the corporation for the purposes of its undertaking i to do anything for the purpose of advancing the skill of persons employed by the corporation or the efficiency of the equipment of the corporation or of the manner in which that equipment is operated, including the provision by the corporation, and the assistance by the corporation to others for the provision of facilities or training, education and research j to enter into and carry out agreements with any person carrying on business as a carrier of passengers or goods providing for the carriage of passengers or goods on behalf of the corporation by that other person at a thorough fare or freight. k to provide facilities for the consignment, storage and delivery of goods l to enter into contracts for exhibition of posters and advertising boards on and in the vehicles and premises of the corporation and also for advertisement on tickets and other forms issued by the corporation to the public m with the prior approval of the state government to do all other things to facilitate the proper carrying on of the business of the corporation. 6n to determine with the previous approval of the state government, and in case of a road transport service operated in any extended area, also with the previous approval of the government of the state within which such extended area is situated, fares and freights for the carriage of passengers and goods in any road transport service provided by the corporation. 3 nothing in this section shall be construed as authorising a corporation, except with the previous approval of the state government i to manufacture or maintain anything which is not required directly or indirectly for use for the purpose of the undertaking of the corporation or to repair, store, or provide any service for, any vehicle which does not belong to the corporation or is not used directly or indirectly for the purpose of its undertaking ii to purchase any vehicle for the purpose of sale to another person iii to sell or supply to any person lubricants, spare parts, or equipment for or accessories to, vehicles iv to let vehicles on hire for the carriage of passengers or goods except as expressly provided by or under this act. 4 except as otherwise provided by this act nothing in the foregoing provisions shall be construed as authorising the corporation to disregard any law for the time being in force. 5 where a corporation acquires the whole or any part of an undertaking of any other person, the corporation shall, in appointing its 7officers and other employees take into consideration the claims of employees employed in that undertaking. 6 the provisions of this section shall not be construed as limiting any power of a corporation conferred by or under any subsequent provision of this act. 1. subs. by s. 7a and the first schedule, ibid., for state w.e.f. . 2. ins. by act 28 of , s. 4 w.e.f. . 3. subs. by act 71 of , s. 7a and the first schedule, for state concerned w.e.f. . 4. subs. by s. 7a and the first schedule, ibid., for that state w.e.f. . 5. subs. by act 63 of , s. 11, for or any other stores of scrap value w.e.f. . 6. ins. by act 71 of , s. 7a and the first schedule w.e.f. . 7. subs. by act 63 of , s. 11, for officers and servants w.e.f. .

section 19a. of the road transport corporations act : 119a. disposal of unclaimed articles and property.1 when any articles or goods have come into the possession of a corporation for carriage or otherwise and are not claimed by the owner or any other person appearing to the corporation to be entitled thereto, the corporation shall, if such owner or other person is known, cause a notice to be served upon him requiring him to remove the articles or goods within seven days of the service of such notice. 2 if such owner or other person is not known or the notice cannot be served upon him or he does not comply with the requisition in the notice, the corporation may, after the expiration of such period as may be specified by regulation made under this act, sell the articles or goods by public auction and shall, after deducting from the saleproceeds expenses for holding the sale or any amount which may be due to the corporation, credit the surplus saleproceeds, if any, to the fund of the corporation and the saleproceeds so credited may be paid on demand to any person who establishes his right thereto in a court of competent jurisdiction or within one year of such sale to the satisfaction of the corporation. 1. ins. by act 71 of , s. 7a and the first schedule w.e.f. .

section 24. of the road transport corporations act : if, after the issue of shares under section 23 a corporation requires any further capital, the corporation may, with the previous sanction of the state government, raise such additional capital by the issue of new shares and the provisions of subsections 2, 12a 3, 4, 5 and 6 of the said section shall apply to the issue of such shares. 1. ins. by act 63 of , s. 16 and the schedule w.e.f. .

section 19b. of the road transport corporations act : 119b. corporation to obtain the approval of the central government in certain cases.in the exercise of any of its powers under this act, the corporation shall not incur on any single work, service or scheme or for any other purpose a capital expenditure of more than twentyfive lakhs of rupees except with the previous approval of the central government. 1. ins. by act 71 of , s. 7a and the first schedule w.e.f. .

section 25. of the road transport corporations act : the shares of a corporation shall be guaranteed by the state government as to the payment of the principal and the payment of the annual dividend at such minimum rate as may be fixed by the state government by notification published in the official gazette at the time of issuing the shares.

section 20. of the road transport corporations act : 1 if a corporation considers it to be expedient in the public interest to extend the operation of any of its road transport services to any route or area situated within another state, it may, with the permission of the state government, negotiate with the government of the other state regarding the proposed extension. 2 if the government of the other state approves the proposed extension, the corporation shall prepare a scheme for the purpose and forward the same to the other government for its consent, and after such consent has been received, the corporation may, with the previous approval of the state government, sanction the scheme. 3 after the scheme has been so sanctioned, it shall be competent for the corporation to extend the operation of its road transport service to such route or area and when the operation of such service is so extended, the corporation shall operate the service on that route or in that area subject to the provisions of any law in force in the other state within which such route or area is situated. 4 the corporation may, from time to time, alter or extend the scheme sanctioned under subsection 2 by a supplementary scheme prepared and sanctioned in the manner provided in the foregoing provisions of this section.

section 27. of the road transport corporations act : 1 every corporation shall have its own fund and all receipts of the corporation shall be carried thereto and all payments by the corporation shall be made therefrom. 2 except as otherwise directed by the state government, all moneys belonging to that fund shall be deposited in the reserve bank of india or with the agents of the reserve bank of india, 1or with the corresponding new banks constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or section 3 of the banking companies acquisition and transfer of undertakings act, 40 of or invested in such securities as may be approved by the state government. 1. ins. by s. 14, ibid. w.e.f. .

section 28. of the road transport corporations act : 1 where 1the whole or part of the capital of a corporation is provided by the central government and the state government under subsection 1 of section 23, the corporation shall pay interest on such capital at such rate as may, from time to time, be fixed by the state government 2 and such interest shall be deemed to be a part of the expenditure of the corporation. 2 where the corporation 3raises the whole or any part of its capital by issue of shares, it shall pay dividend on such shares at such rate as may, from time to time, be fixed by the corporation, subject to any general limitations which may have been imposed by the state government 2, and such dividend shall be deemed to be a part of the expenditure of the corporation. 1. subs. by s. 16 and the schedule, ibid., for the capital of a corporation w.e.f. . 2. omitted by act 71 of , s. 7a and the first schedule w.e.f. . 3. subs. by act 63 of , s. 16 and the schedule, for raises its capital w.e.f. .

section 21. of the road transport corporations act : notwithstanding anything contained in the motor vehicles act, 4 of , a corporation shall, if so required by the central government, carry mails at such rates and on such terms and conditions as may be specified in this behalf by 1that government. 1. subs. by act 71 of , s. 7a and the first schedule, for the central government in consultation with the state government w.e.f. .

section 22. of the road transport corporations act : it shall be the general principle of a corporation that in carrying on its undertaking it shall act on business principles.

section 23. of the road transport corporations act : 11 the state government may provide to a corporation established by that government any capital that may be required by the corporation for the purpose of carrying on its undertaking or for purposes connected therewith on such terms and conditions, not inconsistent with the provisions of this act, as that government may determine. 22 the corporation may, whether or not any capital is provided to it under subsection 1, raise by the issue of shares such capital hereafter in this section referred to as the authorised share capital as may be authorised in this behalf by the state government: provided that where any capital is provided to the corporation under subsection 1, no capital may be raised under this subsection without the previous approval of the central government. 2a any capital raised under subsection 2 with the previous approval of the central government may be, a in addition to the capital provided to the corporation under subsection 1 b subscribed to by the central government or the state government, as the case may be, by converting the whole or any part of the capital provided whether before or after the commencement of the road transport corporations amendment act, to the corporation by that government under subsection 1. 3 the 3authorised share capital of the corporation shall be divided into such number of shares as the state government may determine and the number of shares which shall be subscribed by the state government, 4 and other parties including persons whose undertakings have been acquired by the corporation shall also be determined by the state government 4. 4 the allotment of shares to other parties mentioned in subsection 3 shall be made by the corporation in such manner as may be prescribed. 5 the shares of the corporation shall not be transferable except in accordance with the rules made under this act. 6 the corporation may at any time, with the previous approval of the state government, redeem the shares issued to the other parties under subsection 4 in such manner as may be prescribed. 1. subs. by s. 7 a and the first schedule, ibid., for subsection 1 w.e.f. . subs. by act 63 of , s. 12, for subsection 2 w.e.f. . 3. subs. by s. 12, ibid., for authorised capital w.e.f. . 4. omitted by act 71 of , s. 7a and the first schedule w.e.f. .

section 26. of the road transport corporations act : 126. borrowing powers.a corporation may, with the previous approval of the state government, borrow money for the purpose of raising its working capital or meeting any expenditure of a capital nature in the open market or from a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , a state finance corporation, established under section 3 of the state financial corporations act, 63 of , the industrial finance corporation of india, established under section 3 of the industrial finance corporation act, 15 of , the industrial development bank of india, established under section 3 of the industrial development bank of india act, 18 of , the life insurance corporation of india, established under section 3 of the life insurance corporation act, 31 of , or any other financial institution providing credit which is subject to the control of the reserve bank of india. 1. subs. by act 63 of , s. 13, for section 26 we.f. .

section 30. of the road transport corporations act : after making provision for payment of interest and dividend under section 28 and for depreciation, reserve and other funds under section 29, a corporation may utilise such percentage of its net annual profits as may be specified in this behalf by the state government for the provision of amenities to the passengers using the road transport services, welfare of labour employed by the corporation and for such other purposes as may be prescribed with the previous approval of the central government, 2and out of the balance such amount as may, with the previous approval of the state government 1, be specified in this behalf by the corporation, may be utilised for financing the expansion programmes of the corporation and the remainder, if any, shall be made over to the state government for the purpose of road development. 1. omitted by act 71 of , s. 7a and the first schedule w.e.f. . 2. subs. by act 28 of , s. 6, for and the balance shall be made over to the state government for the purpose of road development w.e.f.

section 36. of the road transport corporations act : 1 the state government, with a view to satisfy itself that the powers and duties of a corporation established by that government are being exercised and performed properly, may, at any time, appoint any person or persons to make inquiries into all or any of the activities of the corporation and to report to the state government the result of such inquiries. 2 the corporation shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before, or furnish to, the person or persons any document, account or information in the possession of the corporation which such person or persons demand for the purposes of the inquiries.

section 31. of the road transport corporations act : a corporation shall have power to spend such sums as it thinks fit on objects authorised under this act and such sums shall be treated as expenditure payable out of the fund of the corporation.

section 29. of the road transport corporations act : 1 a corporation shall make such provisions for depreciation and for reserve and other funds as the state government may, from time to time, direct. 2 the management of the said funds, the sums to be carried from time to time to the credit thereof and the application of the moneys comprised therein shall be determined by the corporation: provided that no fund shall be utilised for any purpose other than that for which it was created without the previous approval of the state government.

section 32. of the road transport corporations act : 1 every corporation shall, by such date in each year as may be prescribed, prepare and submit to the state government for approval a budget for next financial year showing the estimated receipts and expenditure during that financial year in such form as may be prescribed. 2 subject to the provisions of subsections 3 and 4, no sum shall be expended by or on behalf of a corporation unless the expenditure of the same is covered by a current budget grant approved by the state government. 3 1subject to such conditions and restrictions as may be specified in this behalf by the state government, a corporation may sanction any reappropriation within the grant from one head of the expenditure to another or from a provision made for one scheme to that in respect of another, subject to the condition that the aggregate budget grant is not exceeded. 4 a corporation may, within such limits and subject to such conditions as may be prescribed, incur expenditure in excess of the limit provided in the budget approved by the state government under any head of expenditure or in connection with any particular scheme. 1. subs. by act 28 of , s. 7, for a corporation may sanction w.e.f. .

section 34. of the road transport corporations act : 1 the state government may, after consultation with a corporation established by such government, give to the corporation general instructions to be followed by the corporation, and such instructions may include directions relating to the recruitment, conditions of service and training of its employees, wages to be paid to the employees, reserves to be maintained by it and disposal of its profits or stocks. 2 in the exercise of its powers and performance of its duties under this act, the corporation shall not depart from any general instructions issued under subsection 1 except with the previous permission of the state government.

section 33. of the road transport corporations act : 133. accounts and audit.1 the corporation shall maintain proper accounts and other records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed by the state government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of a corporation shall be audited annually by the comptroller and auditorgeneral of india or his nominee and any expenditure incurred by him in connection with such audit shall be payable by the corporation to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of a corporation shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the corporation. 4 the accounts of the corporation as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the state government and that government shall cause the same to be laid before 2each house of parliament. 1. subs. by s. 8, ibid., for section 33 w.e.f. . 2. subs. by act 71 of , s. 7a and the first schedule, for the legislature of the state w.e.f. .

section 35. of the road transport corporations act : 1 every corporation shall furnish to the state government such returns, statistics, accounts and other information with respect to its property or activities or in regard to any proposed scheme as the state government may from time to time require. 2 without prejudice to the provisions of subsection 1, a corporation shall, as soon as possible after the end of each financial year, submit to the 1state government a report on the exercise and performance by it of its powers and duties under this act during that year and on its policy and programme. 23 the state government shall cause the annual report referred to in subsection 2 to be laid before 3each house of parliament. 1. subs. by act 71 of , s. 7a and the first schedule, for central and the state governments w.e.f. . 2. ins. by act 28 of , s. 9 w.e.f. . 3. subs. by act 71 of , s. 7a and the first schedule, for the legislature of the state w.e.f. .

section 41. of the road transport corporations act : corporation to be deemed to be a local authority and provision as to third party risks.omitted by the road transport corporations amendment act, 28 of , s. 11 w.e.f. .

section 37. of the road transport corporations act : 1 if on receipt of the report of any inquiry held under section 36 or otherwise, the state government is satisfied that it is necessary so to do in the public interest, the state government may, by notification in the official gazette, authorise any person to take over from the corporation, and so long as that notification is in force, to administer in accordance with such directions as may be issued from time to time by the state government such part of the undertaking of the corporation as may be specified in the notification, and any person so authorised may, for the purpose of so administering the said part of the undertaking exercise all or any of the powers of the corporation or of any officer of the corporation under this act, issue such directions as he thinks fit to the 1officers or other employees of the corporation and employ any outside agency. 2 the state government may by such notification direct that all charges and expenses incurred by the person so authorised together with such remuneration as the state government may allow from time to time to such person shall be paid within such time as may be fixed by the state government from the fund of the corporation, and if the expenses are not so paid, the state government may make an order directing the persons having the custody of that fund to pay to the person so authorised such expenses in priority to any other charges against such fund and he shall, so far as the funds to the credit of the corporation admit, comply with the order of the state government. 23 every notification issued under this section together with a report on the circumstances leading to its issue shall be laid before 3each house of parliament, as soon as may be, after it is issued. 1. subs. by act 63 of , s. 16 and the schedule, for officers or servants w.e.f. . 2. ins. by act 28 of , s. 10 w.e.f. . 3. subs. by act 71 of , s. 7a and the first schedule, for the legislature of the state w.e.f. .

section 38. of the road transport corporations act : 1 if the state government is of opinion that a corporation established by that government is unable to perform, or has persistently made default in the performance of the duties imposed on it by or under the provisions of this act or has exceeded or abused its powers, the state government may, 1 by notification in the official gazette, supersede the corporation for such period as may be specified in the notification: provided that before issuing a notification under this subsection the state government shall give a reasonable time to the corporation to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the corporation. 2 upon the publication of a notification under subsection 1 superseding a corporation a all the 2directors of the corporation shall, as from the date of supersession, vacate their offices as such a 2directors b all the powers and duties which may, by or under the provisions of this act or of any other law, be exercised or performed by or on behalf of the corporation shall, during the period of supersession, be exercised and performed by such person or persons as the state government may direct c all property vested in the corporation shall, during the period of supersession, vest in the state government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the state government may a extend the period of supersession for such further term as it may consider necessary or b reconstitute the corporation in the manner provided in section 5. 1. the words with the previous approval of the central government, omitted by s. 7a and the first schedule, ibid. w.e.f. . 2. subs. by act 63 of , s. 16 and the schedule, for members w.e.f. .

section 43. of the road transport corporations act : 43. 1directors, 2officers and other employees of a corporation to be public servants.all 1directors of a corporation, and all 2officers and other employees of a corporation, whether appointed by the state government or the corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act or of any other law, to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 63 of , s. 16 and the schedule, for members w.e.f. . 2. subs. by s. 16 and the schedule, ibid., for officers and servants w.e.f. .

section 44. of the road transport corporations act : 1 the state government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the conditions and manner of appointment of directors of a corporation, the representation in the board of the central and state governments, and where shares are issued to other parties under subsection 3 of section 23 of such shareholders and generally all matters relating to the constitution of the board 2b remuneration, allowances or fees paid to the directors of the corporation or other persons associated with the board under section 10 c the term of office of, the manner of filling casual vacancies among 3directors of the corporation d the number of 3directors necessary to constitute a quorum at a meeting of the 4board e the conditions of appointment and service and the scales of pay of the 5managing director, the chief accounts officer, the financial adviser or, as the case may be, the chief accounts officercumfinancial adviser of the corporation f the number and term of office of, the allowances to be paid to, the procedure to be followed by, and the manner of filling casual vacancies among, members of an advisory council 6ff the procedure in accordance with which any stores may be declared obsolete under subsection 2 of section 19 g the manner in which the shares of the corporation shall be allotted, transferred or redeemed h the manner in which the net profits of the corporation shall be utilised i the date by which, and the form in which, the budget shall be prepared and submitted in each year under subsection 1 of section 32 7j the form in which the annual statement of accounts shall be prepared 8 l the form in which the returns, statistics or reports shall be submitted under section 35 m the procedure to be followed by an arbitral tribunal under section 40 9mm the service of notices and orders under this act n any other matter which has to be, or may be, prescribed. 1. subs. by s. 16 and the schedule, ibid., for clause a w.e.f. . 2. subs. by s. 16 and the schedule, ibid., for clause b w.e.f. . 3. subs. by s. 16 and the schedule, ibid., for members w.e.f. . 4. subs. by s. 16 and the schedule, ibid., for corporation w.e.f. . 5. subs. by s. 16 and the schedule, ibid., for chief executive officer or general manager and the chief accounts officer w.e.f. . 5. ins. by s. 16 and the schedule, ibid. w.e.f. . 7. subs. by act 28 of , s. 12, for clause j w.e.f. . 8. omitted by s. 12, ibid. w.e.f. . 9. ins. by act 71 of , s. 7a and the first schedule w.e.f. .

section 39. of the road transport corporations act : 1 no provision of any law relating to the winding up of companies or corporations shall apply to a corporation, and no corporation shall be placed in liquidation save by order of the state government concerned and save in such manner as may be directed by that government: provided that no such order shall be made by any state government except with the previous approval of the central government. 2 in the event of a corporation being placed in liquidation, the assets of the corporation, after meeting the liabilities, if any, shall be divided among the 1state government and such other parties, if any, as may have subscribed to the capital in proportion to the contribution made by each of them to the total capital of the corporation. 1. subs. by act 71 of , s. 7a and the first schedule, for central and the state government w.e.f. .

section 42. of the road transport corporations act : whenever it is necessary for a corporation to carry out any of its works or to make any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of duties by the corporation under this act, any 1officer or other employee of the corporation generally or specially empowered by the corporation may, with the previous permission of the district magistrate, enter upon any land or premises between sunrise and sunset, after giving reasonable notice of the intention to make such entry to the owner or occupier of such land or premises, and at any other time, with the consent in writing of the owner of occupier of such land or premises, for the purpose of the carrying out of such works or the making of such survey, examination or investigation. 1. subs. by act 63 of , s. 16 and the schedule, for officer or servant w.e.f. .

section 40. of the road transport corporations act : whenever a corporation acquires under this act the whole or any part of any undertaking, there shall be paid by the corporation compensation the amount of which shall be determined in the manner and in accordance with the procedure hereinafter set out, that is to say, a where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement b where no such agreement can be reached, the amount shall be determined by an arbitral tribunal consisting of one nominee of the corporation, one nominee of the person to be compensated, and a chairman to be nominated by the chief justice of the 1high court of delhi c an appeal shall 2lie to the high court of delhi against the decision of the tribunal and the 3order of that high court on such appeal shall be final. 1. subs. by s. 7a and the first schedule, ibidi/., for high court exercising jurisdiction in relation to the state concerned w.e.f. . 2. subs. by s. 7a and the first schedule, ibid., for lie to the high court w.e.f. . 3. subs. by s. 7a and the first schedule, ibid., for order of the high court w.e.f. .

section 45. of the road transport corporations act : 1 a corporation may with the previous sanction of 1the state government and by notification in the official gazette, make regulations, not inconsistent with this act and the rules made thereunder for the administration of the affairs of the corporation. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which, and the purposes for which, persons may be associated with the 2board 2board under section 10 b the time and place of meetings of a the 2board and the procedure to be followed in regard to transaction of business at such meetings c the conditions of appointment and service and the scales of pay of officers and 3other employees of the corporation other than the managing director, the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officercumfinancial adviser 4d the issue of passes to the employees of the corporation and other persons under section 19 e the grant of refund in respect of unused tickets and concessional passes under section 19. 5f the period after the expiration of which unclaimed articles or goods may be sold by public auction g the regulation of the carriage of passengers and goods in the road transport services of the corporation. 1. subs. by act 4 of , s. 2 and the schedule, for the state government w.e.f. . 2. subs. by act 63 of , s. 16 and the schedule, for corporation w.e.f. . 3. subs. by s. 16 and the schedule, ibid., for servants of the corporation, other than the chief executive officer or general general manager and the chief accounts officer w.e.f. . 4. ins. by act 28 of , s. 13 w.e.f. . 5. ins. by act 71 of , s. 7a and the first schedule w.e.f. .

section 47. of the road transport corporations act : 1 the body known as the bombay state road transport corporation and the board thereof, referred to in the notification of the government of bombay, no. /5, dated the 16th november, hereinafter referred to as the existing corporation and board respectively shall, notwithstanding any defect in, or invalidity of, the enactment or order under which they were constituted, be deemed for all purposes to have been validly constituted as if all the provisions of the said notification had been included and enacted in this section and this section had been in force continuously on and from the said date, and accordingly a all action by, and all transactions with, the existing corporation or board, including any action or transaction by which any property, asset or right was acquired or any liability or obligation, whether by contract or otherwise, was incurred, shall be deemed to have been validly and lawfully taken or done and b no suit, prosecution or other legal proceeding shall lie against the government of bombay or any member of the board or any officer or servant of the existing corporation in respect of any action taken by, or in relation to the setting up of, the existing corporation or board merely on the ground of any defect in, or invalidity of, the enactment or order under which the existing corporation or board was constituted. 2 on the establishment of a corporation under section 3 in the state of bombay hereinafter referred to as the new corporation, a the existing corporation and board shall be deemed to be dissolved and shall cease to function b all property and assets vesting in the existing corporation shall vest in the new corporation c all rights, liabilities and obligations of the existing corporation, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations, respectively, of the new corporation and d all licences and permits granted to, all contracts made with, and all instruments executed on behalf of, the existing corporation or board shall be deemed to have been granted to, made with, or executed on behalf, of, the new corporation and shall have effect accordingly.

section 50. of the road transport corporations act : 150. appointment of magistrates.1 the state government may appoint one or more magistrates of the first or second class for the trial of offences against this act or any rule or regulation made thereunder or any byelaw continued thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business. 2 such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the state government. 3 the new corporation shall out of its fund, pay to the state government the amounts of the salary, pension, leave and other allowances as fixed under subsection 2 together with all other incidental charges in connection with the establishments of the said magistrates. 4 such magistrates shall have jurisdiction over the whole of the union territory of delhi. 5 for the purposes of the code of criminal procedure, 5 of , all magistrates appointed under this section shall be deemed to be magistrates appointed under section 12 of that code. 1. ins. by act 71 of , s. 7a and the schedule w.e.f. .

section 45a. of the road transport corporations act : 145a. every rule and regulation to be laid before state legislatureevery rule and every regulation made under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 46. of the road transport corporations act : the state government may, by rule, provide that the breach of any rules made by it under section 44 1or any regulations made by a corporation under section 45 shall be punishable with fine which may extend to five hundred rupees, and when the breach is a continuing one, with a further fine not exceeding twenty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. 1. ins. by act 71 of , s. 7a and the first schedule w.e.f. .

section 52. of the road transport corporations act : 152. limitation of time for prosecution.no person shall be liable to punishment for any offence against this act or any rule or regulation made thereunder or any byelaw continued thereunder, unless complaint of such offence is made before a magistrate within six months next after, a the date of the commission of such offence, or b the date on which the commission or existence of such offence was first brought to the notice of the complainant. 1. ins. by act 71 of , s. 7a and the schedule w.e.f. .

section 47a. of the road transport corporations act : 147a. special provision for reconstitution or dissolution of certain corporations.1 where on account of the reorganisation of states under the states reorganisation act, 37 of , 2or any other enactment relating to reorganisation of states, the whole or any part of a state in respect of which a corporation was, immediately before the day on which the reorganisation takes place, functioning and operating, is transferred on that day to another state and by reason of such transfer, it appears to the state government necessary or expedient that the corporation should be reconstituted or reorganised in any manner whatsoever or that it should be dissolved, the state government may frame a scheme for the reconstitution, reorganisation or dissolution of the corporation including proposals regarding the formation of new corporations the amalgamation of the corporation with any other corporation, body corporate or a commercial undertaking of another state government, the transfer of the assets, rights and liabilities of the corporation in whole or in part to any other corporation, body corporate or a commercial undertaking of another state government, and the transfer or reemployment of any workmen of the corporation, and the state government may forward the scheme to the central government for approval. explanation.for the purpose of framing any scheme under this subsection, state government, 3i in relation to the bombay state road transport corporation, shall mean the government of the state of maharashtra or of gujarat as formed under the bombay reorganisation act, 11 of ii in relation to the pepsu road transport corporation, shall mean the government of the state of punjab, as formed under the provisions of the states reorganisation act, 37 of 4iii in relation to the assam state road transport corporation, shall mean the government of the state of assam or of meghalaya as formed under the northeastern areas reorganisation act, 81 of . 2 on receipt of any such scheme, the central government may, after consultation with the state governments concerned, approve the scheme with or without modifications and for the purpose of giving effect to the approved scheme, the central government may, from time to time, make such order in relation thereto as it thinks fit and every order so made shall have effect notwithstanding anything contained in this act. 3 any order made under subsection 2 may provide for all or any of the following matters, namely: a the dissolution of the corporation, notwithstanding anything contained in section 39 b the reconstitution or reorganisation, in any manner whatsoever, of the corporation including the establishment, where necessary, of more than one corporation in any state c the amalgamation of two or more corporations, or of one corporation with any other body corporate or a commercial undertaking of any other state government d the extension of the area for which the corporation is established, or the exclusion of any area therefrom e the transfer, in whole or in part, of the assets, rights and liabilities of the corporation including the transfer of any licences or permits granted to the corporation, to any other corporation, body corporate or a commercial undertaking of any other state government, and the terms and conditions of such transfer f the transfer or reemployment of any workmen of the corporation to, or by, any such transferee, and, subject to the provisions of section 111 of the states reorganisation act, 37 of , 5or any other enactment relating to reorganisation of states, the terms and conditions of service applicable to such workmen after such transfer or reemployment g such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. 4 where an order is made under this section transferring the assets, rights and liabilities of any corporation, then, by virtue of that order, such assets, rights and liabilities of the corporation shall vest in, and be the assets, rights and liabilities of, the transferee. 1. ins. by act 87 of , s. 2 w.e.f. . 2. subs. by act 11 of , s. 71, for the whole or any part of a state in respect of which a corporation was, immediately before the 1st day of november, , w.e.f. . 3. subs. by s. 71, ibid., for clause i w.e.f. . 4. ins. by act 81 of , s. 73 w.e.f. . 5. ins. by act 11 of , s. 71 w.e.f. .

section 48. of the road transport corporations act : 148. transitional provision relating to bombay state road transport corporation. notwithstanding anything contained in section 47a, it shall be lawful for the government of the state of bombay to frame a scheme under subsection 1 thereof and forward the same to the central government before the 1st day of may, , and in such a case, the power conferred on the central government to make an order under subsection 2 thereof may be exercised before that day but no order so made shall take effect till that day. 1. ins. by act 11 of , s. 71 w.e.f. .

section 49. of the road transport corporations act : 149. prosecution and cognizance of offences.1 no court shall proceed to the trial of any offence made punishable by or under this act except on the complaint of, or on an information received from, the general manager of the new corporation or a person authorised by him by general or special order in this behalf in writing. 2 all offences against this act or any rule or regulation made thereunder, or any byelaw continued thereunder, whether committed within or without the limits of the union territory of delhi, shall be cognizable by a magistrate. 1. ins. by act 71 of , s. 7a and the schedule w.e.f. .

section 51. of the road transport corporations act : 151. composition of offences.1 the general manager of the new corporation or any officer or other employee specially empowered by him in this behalf in writing may, either before or after the institution of the proceedings compound any offence made punishable by, or under this act. 2 where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. 1. ins. by act 71 of , s. 7a and the schedule w.e.f. .

section 53. of the road transport corporations act : 153. power of magistrate to hear cases in absence of accused when summoned to appear.if any person summoned to appear before a magistrate to answer a charge of an offence against this act or any rule or regulation made thereunder, or any byelaw continued thereunder, fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of the case is adjourned, the magistrate may hear and determine the case in his absence, if a service of the summons on such person is proved to his satisfaction, and b no sufficient cause is shown for the nonappearance of such person. 1. ins. by act 71 of , s. 7a and the schedule w.e.f. .

section 1. of the railway protection force act : show related subordinates 1 this act may be called the railway protection force act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1. 10th september , vide notification no. 58security/16/9, dated , see gazette of india, extraordinary, part ii, s. 1. extended to goa, daman and diu with modifications, by reg. 12 of , s. 3 and schedule. the act comes into force in pondicherry on , s. 3 and schedule i. extended to and brought into force in dadra and nagar haveli w.e.f. by reg. 6 of , s. 2 and schedule i.

section 8. of the railway protection force act : show related subordinates 18. superintendence and administration of the force.1 the superintendence of the force shall vest in the central government, and subject thereto and to the provisions of this act and of any rules made thereunder, the command supervision and administration of the force shall vest in the directorgeneral. 2 subject to the provisions of subsection 1, the administration of the force, within such local limits in relation to a railway as may be prescribed shall be carried on by an inspectorgeneral, an additional inspectorgeneral or a deputy inspectorgeneral in accordance with the provisions of this act and of any rules made thereunder and they shall, subject to any direction that may be given by the central government or the directorgeneral in this behalf discharge his function under the general supervision of the general manager of the railway. 1 . subs. by act 60 of s. 9, for section 8 w.e.f.

section 2. of the railway protection force act : show related subordinates 11 in this act, unless the context otherwise requires, a force means the railway protection force constituted under section 3 2b directorgeneral means the directorgeneral of the force appointed under subsection 1 of section 4 ba enrolled member of the force means any subordinate officer, under officer or any other member of the force of a rank lower than that of under officer bb force custody means the arrest or confinement of a member of the force in accordance with rules made under this act c member of the force means a person appointed to the force under this act 3 4ca passenger shall have the meaning assigned to it in the railways act, 24 of cb passenger area shall include railway platform, train, yard and such other area as is frequently visited by passengers d prescribed mean prescribed by rules made under this act e railway property includes any goods, money or valuable security, or animal, belonging to, or in the charge or possession of, a railway administration 5ea subordinate officer means a person appointed to the force as an inspector, subinspector or an assistant subinspector f superior officer means any of the officers appointed under section 4 and includes any other officer appointed by the central government as a superior officer of the force 6fa under officer means a person appointed to the force as a head constable or naik g words and expressions used but not defined in this act and defined in the indian railways act, 9 of , shall have the meanings respectively assigned to them under that act. 62 any reference in this act to a law which is not in force in any area shall in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 1. section 2 renumbered as subsection 1 thereof by act 60 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for clause b w.e.f. . 3. the words other than a superior officer omitted by s. 3, ibid. w.e.f. . 4. ins. by act 52 of , s. 3 w.e.f. . 5. ins. by act 60 of , s. 3w.e.f. . 6. ins. by act 60 of , s. 3 w.e.f. .

section 4. of the railway protection force act : show related subordinates 11 the central government may appoint a person to be the directorgeneral of the force and may appoint other persons to be inspectorgeneral, additional inspectorgeneral, deputy inspectorgeneral, assistant inspectorgeneral, senior commandants, commandants or assistant commandants of the force. 2 the 2directorgeneral and every other superior officer so appointed shall posses and exercise such powers and authority over the members of the force under their respective commands as is provided by or under this act. 1 subs. by s. 5, ibid., for subsection 1 w.e.f. . 2 subs. by s. 5, ibid., for inspectorgeneral w.e.f. .

section 3. of the railway protection force act : show related subordinates 1 there shall be constituted and maintained by the central government a 1an armed force of the union to be called the railway protection force for the better protection and security of railway property. 2 the force shall be constituted in such manner shall consist of such number of 2superior officers subordinate officers, under officers and other enrolled members of the force and shall receive such pay and other renumeration as maybe prescribed. 1. subs. by s. 4, ibid., for a force w.e.f. . 2. subs. by s. 4, ibid., for superior officers and members w.e.f. .

section 5.. of the railway protection force act : 5. classes and ranks among members of the force.omitted by the railway protection force amendment act, 60 of , s. 6 w.e.f. .

section 6. of the railway protection force act : show related subordinates 16. appointment of members of the force.the appointment of enrolled members of the force shall rest with the inspectorgeneral, additional inspectorgeneral or deputy inspectorgeneral who shall exercise that power in accordance with rules made under this act: provided that the power of appointment under this section may also be exercised by other superior officer as the inspectorgeneral, additional inspectorgeneral or deputy inspectorgeneral concerned may, by order, specify in this behalf. 1. subs. bys. 7, ibid., for s. 6 w.e.f. .

section 7. of the railway protection force act : show related subordinates 1 every member of the force shall receive on his appointment a certificate in the form specified in the schedule, under the seal of the 1inspectorgeneral, additional inspectorgeneral or deputy inspectorgeneral or such other superior officer as the a 1inspectorgeneral, additional inspectorgeneral or deputy inspectorgeneral may specify in this behalf by virtue of which the person holding such certificate shall be vested with the powers of a member of the force. 2 such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a member of the force2 . 1. subs. by s. 8, ibid., for chief security officer w.e.f. . 2. certain words omitted by s. 8, ibid. w.e.f. .

section 11. of the railway protection force act : show related subordinates 111. duties of members of the force. it shall be the duty of every superior officer and member of the force a promptly to execute all orders lawfully issued to him by his superior authority b to protect and safeguard railway property, passenger area and passengers c to remove any obstruction in the movement of railway property or passenger area and d to do any other act conducive to the better protection and security of railway property, passenger area and passengers. 1. subs. by act 52 of , s. 4, for section 11 w.e.f. .

section 9., of members of the force. of the railway protection force act : show related subordinates 1 subject to the provisions of article 311 of the constitution and to such rules as the central government may make under this act, any superior officer may i dismiss, suspend or reduce in rank any 1enrolled member of the force whom he shall think remiss or negligent in the discharge of his duty, or unfit for the same or ii award any one or more of the following punishments to any 2enrolled member of the force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely: a fine to any amount not exceeding seven days pay or reduction in pay scale b confinement to quarters for a period not exceeding fourteen days with or without punishment, drill, extra guard, fatigue or other duty c removal from any office of distinction or deprivation of any special emolument. 32 any enrolled member of the force aggrieved by an order made under subsection 1 may, within within thirty days from the date on which the order is communicated to him prefer an appeal against the order to such authority as may be prescribed: provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 3in disposing of the appeal, the prescribed authority shall follow such procedure as may be prescribed: provided that no order imposing an enhanced penalty under subsection 2 shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order. 1. subs. by act 60 of s. 9, for section 8 w.e.f. . 2. subs.bys. 10, ibid., for member w.e.f. . 3. subs. by s. 10, ibid., for subsection 2 w.e.f.

section 13. of the railway protection force act : show related subordinates 1whenever 1 any member of the force, not below the rank of a senior rakshak, has reason to believe that any such offence as is referred to in section 12 has been or is being committed and that a searchwarrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain him and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. 2the provisions of the 2code of criminal procedure, 2 of , relating to searches under that code shall, so far as may be, apply to searches under this section. 1. the words any superior officer or omitted by act 60 of , s. 18 and the schedule w.e.f. . 2. subs. by s. 18 and schedule, ibid., for code of criminal procedure, 5 of w.e.f. .

section 10. of the railway protection force act : show related subordinates 1directorgeneral and every member of the force shall for all purposes be regarded as railway servants with the meaning of the indian railways act, 9 of , other than chapter via thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that act. 1. subs. by s. 18 and the schedule, ibid., for certain words w.e.f. .

section 12. of the railway protection force act : show related subordinates 112. power to arrest without warrant.any member of the force may, without an order from a magistrate and without a warrant, arrest i any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain, or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to him or any other member of the force in the execution of his duty as such member, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member or ii any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence which relates to 2railway property, passenger area and passengers or iii any person found taking precautions to conceal his presence within the railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to, 2railway property, passenger area and passengers or iv any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work relating to 2railway property, passenger area and passengers. 1. subs. by act 60 of , s. 11, for section 12 w.e.f. . 2. subs. by act 52 of , s. 5, for railway property w.e.f. .

section 14. of the railway protection force act : show related subordinates any 1 member of the force making an arrest under this act, shall, without unnecessary delay, make over the person so arrested 2 to a police officer together with a detailed report of the circumstances leading to the arrest of such persons, or in the absence of a police officer, take such person or cause him to be taken to the nearest police station. 1. the words superior officer or omitted by s. 18 and the schedule, ibid. w.e.f. . 2. subs. by act 52 of , s. 6, for to a police officer w.e.f. .

section 15. of the railway protection force act : show related subordinates 11 every member of the force shall, for the purposes of this act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place within india. 2 no 2 member of the force shall engage himself in any employment or office other than his duties under this act. 1. subs. by act 60 of , s. 12, for subsection 1 w.e.f. . 2. the words superior officer or omitted by act 60 of , s. 12 w.e.f. .

section 19. of the railway protection force act : show related subordinates 119. certain acts not to apply to members of the force.nothing contained in the payment of wages act, 4 of , or the industrial disputes act, 14 of , or the factories act, 63 of , or any corresponding law relating to investigation and settlement of industrial dispute in force in a state shall apply to members of the force. 1. subs. by act 60 of , s. 16, for section19 w.e.f.

section 15a. of the railway protection force act : show related subordinates 115a. restrictions respecting right to form association, etc.1 no member of the force shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no member of the force shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed. 1. ins. by s. 13, ibid. w.e.f. . rules yeardescriptionfiles the railway protection force rules,

section 20. of the railway protection force act : show related subordinates 1 in any suit or proceeding against any 1 member of the force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority. 2 any such plea may be proved by the production of the order directing the act, and if it is so proved, 1 the member of the force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order. 3 notwithstanding anything contained in any other law for bed time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1 member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules thereunder shall be commenced within the months after three act complained of shall have been committed and not otherwise and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding. 1. the words superior officer or omitted by s. 18 and the schedule, ibid. w.e.f. .

section 16a., by persons ceasing to be members of the force. of the railway protection force act : show related subordinates 116a. surrender of certificate, arms, etc., by persons ceasing to be members of the force.1 every person who for any reason ceases to be a member of the force, shall forthwith surrender to any superior officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of his duties as a member of the force. 2 any person who wilfully neglects or refuses to surrender his certificate of appointment, the arms, accoutrements, clothing and other articles furnished to him, as required by subsection 1 shall on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 3 nothing in this section shall be deemed to apply to any article which, under the orders of the directorgeneral, has become the property of the person to whom the same was furnished. 1. ins. by s. 14, ibid. w.e.f. .

section 17. of the railway protection force act : show related subordinates 117. penalties for neglect of duty, etc. 1 without prejudice to the provisions contained in section 9, every enrolled member of the force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or lawful order made by a superior officer, or who shall withdraw from duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority for any employment other than his duty as an enrolled member of the force, or who shall be guilty of cowardice may be taken into force custody and shall, on conviction, be punished with imprisonment which may extend to one year. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under this section shall be cognizable and nonbailable. 3 notwithstanding anything contained in the code of criminal procedure, 2 of , the central government may invest assistant inspectorgeneral, senior commandant or commandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by an enrolled member of the force and punishable under this act, or any offence committed by an enrolled member of the force against the person or property of another member of the force: provided that i when the offender is on leave or absent from duty or ii when the offence is not connected with the offenders duties as an enrolled member of the force or iii when it is a petty offence even if connected with the offenders duties as an enrolled member of the force or iv when, for reasons to be recorded in writing, it is not practicable for the commandant invested with the powers of a magistrate to inquire into or try the offence, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so requires, be inquired into or tried by an ordinary criminal court having jurisdiction in the matter. 4 nothing contained in this section shall be construed to prevent any enrolled member of the force from being prosecuted under any other law for any offence made punishable by that law, or for being liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section: provided that no person shall be punished twice for the same offence. 1. subs.by s. 15, ibid., for section 17 w.e.f. .

section 18. of the railway protection force act : show related subordinates the police incitement to disaffection act, shall apply to members of the force as it applies to members of a police force.

section 21. of the railway protection force act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for a regulating the classes and grades and the pay and remuneration of 1 members of the force and their conditions of service in the force b regulating the powers and duties of 1 members of the force authorised to exercise any functions by or under this act c fixing the period of service for 1 members of the force 2d prescribing the description and quality of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the force e prescribing the places of residence of the member of the force f institution, management and regulation of any fund for any purpose connected with the administration of the force g regulating the punishments and prescribing authorities to whom appeal shall be preferred from orders of punishment, or remission of fines, or other punishments and the procedure to be followed for the disposal of such appeals h regulating matters with respect to force custody under this act, including the procedure to be followed for taking persons into such custody i regulating matters with respect to disposal of cases relating to offences under this act and specifying the places in which person convicted under this act maybe confined j any other matter which has to be, or may be, imposed or in respect of which rules are required to be made under this act. 33 every rule made under this act shall be laid, as soon as may be, after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words superior officers and omitted by act 60 of , s. 17 w.e.f. . 2. subs. by s. 17, ibid., for clauses d and e w.e.f. . 3. subs. by s. 17,ibid.,for subsection 3 w.e.f. .

section 16. of the railway protection force act : show related subordinates a member of the force shall not by reason of his suspension from office cease to be a member of the force and he shall, during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty.

section 8. of the railway property unlawful possession act : 8. 1 inquiry how to be made.1 2 when an officer of the force receives information about the commission of an offence punishable under this act, or when any person is arrested by an officer of the force for an offence punishable under this act or is forwarded to him under section 7, he shall proceed to inquire into the charge against such person. 2 for this purpose the officer of the force may exercise the same powers and shall be subject to the same provisions as the officer incharge of a policestation may exercise and is subject to under the code of criminal procedure, 5 of , when investigating a cognizable case: provided that a if the officer of the force is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a magistrate having jurisdiction in the case, or forward him in custody to such magistrate b if it appears to the officer of the force that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer of the force may direct, to appear, if and when so required before the magistrate having jurisdiction, and shall make a full report of all the particulars of the case to his official superior. 1. subs. by s. 4, ibid., for the marginal heading w.e.f. . 2. subs. by s. 4, ibid., for when any person is arrested w.e.f. .

section 1. of the railway property unlawful possession act : 1 this act may be called the railway property unlawful possession act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 1st april, , vide notification no. s.o. , dated 1st april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the railway property unlawful possession act : 3. 1 penalty for theft, dishonest misappropriation or unlawful possession of railway property.2 whoever commits theft, or dishonestly misappropriates or is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable a for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees b for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees. 3 explanation.for the purposes of this section, theft and dishonest misappropriation shall have the same meanings as assigned to them respectively in section 378 and section 403 of the indian penal code 45 of . 1. subs. by act 25 of , s. 2, for the marginal heading w.e.f. . 2. subs. by s. 2, ibid., for whoever is found, or is proved w.e.f. . 3. explanation ins. by s. 2, ibid. w.e.f. .

section 7. of the railway property unlawful possession act : every person arrested for an offence punishable under this act shall, if the arrest was made by a person other than an officer of the force, be forwarded without delay to the nearest officer of the force.

section 2. of the railway property unlawful possession act : in this act, unless the context otherwise requires, a force means the railway protection force constituted under section 3 of the railway protection force act, 23 of b member of the force means a person appointed to the force, other than a superior officer c officer of the force means an officer of and above the rank of assistant subinspector appointed to the force and includes a superior officer d railway property includes any goods, money or valuable security or animal, belonging to, or in the charge or possession of, a railway administration e superior officer means any of the officers appointed under section 4 of the railway protection force act, 23 of , and includes any other officer appointed by the central government as a superior officer of the force f words and expressions used but not defined in this act and defined in the indian railways act, 9 of , shall have the meanings respectively assigned to them under that act.

section 4. of the railway property unlawful possession act : 4. 1 punishment for abetment, conspiracy or connivance at offences.2 whoever abets or conspires in the commission of an offence punishable under this act, or any owner or occupier of land or building, or any agent of such owner or occupier in charge of the management of that land or building, who wilfully connives at an offence against the provisions of this act, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. 3 explanation.for the purposes of this section, the words abet and conspire shall have the same meanings as assigned to them respectively in sections 107 and 120a of the indian penal code 45 of . 1. subs. by act 25 of , s. 3, for the marginal heading w.e.f. . 2. subs. by s. 3, ibid., for any owner w.e.f. . 3. explanation ins. by s. 3, ibid. w.e.f. .

section 10. of the railway property unlawful possession act : 1 if an officer of the force has reason to believe that any place is used for the deposit or sale of railway property which had been stolen or unlawfully obtained, he shall make an application to the magistrate, having jurisdiction over the area in which that place is situate, for issue of a search warrant. 2 the magistrate to whom an application is made under subsection 1, may, after such inquiry as he thinks necessary, by his warrant authorise any officer of the force a to enter, with such assistance as may be required, such place b to search the same in the manner specified in the warrant c to take possession of any railway property therein found which he reasonably suspects to be stolen or unlawfully obtained and d to convey such railway property before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose thereof in some place of safety.

section 5. of the railway property unlawful possession act : notwithstanding anything contained in the code of criminal procedure, 5 of , an offence under this act shall not be cognizable

section 6. of the railway property unlawful possession act : any superior officer or member of the force may, without an order from a magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under this act or against whom a reasonable suspicion exists of his having been so concerned.

section 9. of the railway property unlawful possession act : 1 an officer of the force shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document, or any other thing in any inquiry which such officer in making for any of the purposes of this act. 2 a summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. 3 all persons, so summoned, shall be bound to attend either in person or by an authorised agent as such officer may direct and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required: provided that the exemptions under sections 132 and 133 of the code of civil procedure, 5 of , shall be applicable to requisitions for attendance under this section. 4 every such inquiry as aforesaid, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of .

section 11. of the railway property unlawful possession act : all searches and arrests made under this act shall be carried out in accordance with the provisions of the code of criminal procedure, 5 of , relating respectively to searches and arrests made under that code.

section 12. of the railway property unlawful possession act : all officers of government and all village officers are hereby empowered and required to assist the superior officers and members of the force in the enforcement of this act.

section 13. of the railway property unlawful possession act : any court trying an offence punishable under this act may order the forfeiture to government of any property in respect of which the court is satisfied that an offence under this act has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, and the animals, vehicles, or other conveyances used in carrying the property.

section 14. of the railway property unlawful possession act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

section 16. of the railway property unlawful possession act : 1 the railway stores unlawful possession act, 51 of , is hereby repealed. 2 nothing contained in this act shall apply to offences punishable under the act hereby repealed and such offences may be investigated and tried as if this act had not been passed. 3 the mention of particular matters in subsection 2 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of , with regard to the effect of repeals.

section 15. of the railway property unlawful possession act : construction of references to laws not in force in jammu and kashmir.omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated .

section 7. of the asian development bank act : every notification issued under sub section 2 of section 5 and every rule made under section 6 shall be laid as soon as may be after it is issued or made before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or 2 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or, as the case may be, in the rule, or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule. 1. subs. by act 20 of , s. 2 and the schedule, for in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid w.e.f. .

section 1. of the asian development bank act : 1 this act may be called the asian development bank act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint 1. 19th, december, , vide notification no. s.o. e, dated 8th, december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the asian development bank act : in this act, unless the context otherwise requires, a agreement means the agreement for the establishment and operation of the international body known as the asian development bank b bank means the asian development bank established under the agreement.

section 6. of the asian development bank act : the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act.

section 5. of the asian development bank act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of the agreement set out in the schedule shall have the force of law in india: provided that nothing in article 56 of the agreement shall be construed as a entitling the bank to import into india goods free of any duty of customs without any restriction on their subsequent sale therein or b conferring on the bank any exemption from duties or taxes which from part of the price of goods sold or c conferring on the bank any exemption from duties or taxes which are in fact no more than charges for services rendered. 2 the central government may, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein.

section 3. of the asian development bank act : 1 there shall be paid out of the consolidated fund of india, after due appropriation made by parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying, a the subscriptions payable by the central government to the bank under paragraphs 1, 2 and 3 of article 5 of the agreement b any commission, fees or other charges payable by the central government to the bank under article 16 of the agreement c any sums payable by the central government to the bank under paragraph 1 of article 25 of the agreement. 2 the central government may, if it thinks fit so to do, create and issue to the bank, in such form as it thinks fit, any such noninterest bearing and nonnegotiable notes or other obligations as are provided for by paragraph 3 of article 6 of the agreement.

section 4. of the asian development bank act : the reserve bank of india shall be the depository of the indian currency holdings of the bank.

section 3. of the life insurance corporation modification of settlements act : notwithstanding anything contained in the industrial disputes act, 14 of ,the provisions of each of the settlements, in so far as they relate to the payment of an annual cash bonus to every class iii and class iv employee of the corporation at the rate of fifteen per cent. of his annual salary, shall not have any force or effect and shall not be deemed to have had any force or effect on and from the 1st day of april, .

The Life Insurance Corporation (Modification of Settlements) Act, 1976

section 2. of the life insurance corporation modification of settlements act : in this act, unless the context otherwise requires, a corporation means the life insurance corporation of india established under section 3 of the life insurance corporation act, 31 of b salary means basic pay and includes i special pay, if any ii dearness allowance and iii additional dearness allowance c settlements means, i the settlement which was arrived at between the corporation and their workmen on the 24th day of january, , under section 18, read with clause p of section 2, of the industrial disputes act, 14 of and ii the settlement which was arrived at between the corporation and their workmen on the 6th day of february, , under section 18, read with clause p of section 2, of the said act and in respect of the terms of which there was no approval as provided for in subclause 2 of clause 12 thereof.

section 1. of the life insurance corporation modification of settlements act : this act may be called the life insurance corporation modification of settlements act, .

section 8. of the arms act : 1 no person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a 1firearm or ammunition. firearm. 2 no person shall sell or transfer any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon in a manner approved by the central government. 3 whenever any person has in his possession any firearm without such name, number or other identification mark or on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark: provided that in relation to a person who has in his possession at the commencement of this act any firearm without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this subsection shall not take effect until after the expiration of one year from such commencement 1. subs. by act 48 of , s. 6, for firearm w.e.f. .

section 1. of the arms act : show related subordinates 1 this act may be called the arms act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st october, , vide notification no. g.s.r. 992, dated 13th july, , see gazette of india, extraordinary, part ii, sec. 3i

section 2. of the arms act : 1 in this act, unless the context otherwise requires, a acquisition, with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift b ammunition means ammunition for any firearm, and includes i rockets, bombs, grenades, shells 1and other missiles,. ii article designed for torpedo service and submarine mining, iii other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not, iv charges for firearms and accessories for such charges, v fuses and friction tubes, vi parts of, and machinery for manufacturing, ammunition, and vii such ingredients of ammunition as the central government may, by notification in the official gazette, specify in this behalf c arms means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons 2d district magistrate, in relation to any area for which a commissioner of police has been appointed, means the commissioner of police thereof and includes any such deputy commissioner of police, exercising jurisdiction over the whole or any part of such area, as may be specified by the state government in this behalf in relation to such area or part e firearms means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes i artillery, handgrenades, riotpistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing, ii accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof, iii parts of, and machinery for manufacturing, firearms, and iv carriages, platforms and appliances for mounting, transporting and serving artillery 3ea licence means a licence issued in accordance with the provisions of this act and rules made there under and includes a licence issued in the electronic form f licensing authority means an officer or authority empowered to grant or renew licences under rules made under this act, and includes the government 4ff magistrate means an executive magistrate under the code of criminal procedure, 2 of g prescribed means prescribed by rules made under this act h prohibited ammunition means any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, 5missiles, articles designed for torpedo service and submarine mining and such other articles as the central government may, by notification in the official gazette, specify to be prohibited ammunition i prohibited arms means i firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty, or ii weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, antiaircraft and antitank firearms and such other arms as the central government may, by notification in the official gazette, specify to be prohibited arms j public servant has the same meaning as in section 21 of the indian penal code 45 of k transfer with its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession. 2 for the purposes of this act, the length of the barrel of a firearm shall be measured from the muzzle to the point at which the charge is exploded on firing. 3 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 4 any reference in this act to any officer or authority shall, in relation to any area in which there is not officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the central government by notification in the official gazette. 1. subs. by act 42 of , s. 2, for and other like missiles w.e.f. . 2. subs. by act 55 of , s. 2, for clause d w.e.f. . 3. ins. by act 48 of , s. 2 w.e.f. . 4. ins. by act 25 of , s. 2 w.e.f. . 5. ins. by act 42 of , s. 2 w.e.f. .

section 4. of the arms act : if the central government is of opinion that having regard to the circumstances prevailing in any area it is necessary or expedient in the public interest that the acquisition, possession or carrying of arms other than firearms should also be regulated, it may, by notification in the official gazette, direct that this section shall apply to the area specified in the notification, and thereupon no person shall acquire, have in his possession or carry in that area arms of such class or description as may be specified in that notification unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder.

section 7. of the arms act : show related subordinates no person shall a acquire, have in his possession or carry or b 1use, manufacture sell, transfer, convert, repair, test or prove or c expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition unless he has been specially authorised by the central government in this behalf. 1. subs. by act 42 of , s. 4, for manufacture w.e.f. .

section 5., of arms and ammunition. of the arms act : show related subordinates 11 no person shall a 2use, 3manufacture, obtain, procure sell, transfer, convert, repair, test or prove, or b expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder: 4 52 notwithstanding anything contained in subsection 1, a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this act or any other law for the time being in force to have, or is not prohibited by this act or such other law from having in his possession such arms or ammunition: provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless a he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and b a period of not less than fortyfive days has expired after the giving of such information. 1. section 5 renumbered as subsection 1 thereof by act 25 of , s. 4 w.e.f. . 2. subs. by act 42 of , s. 3, for manufacture w.e.f. . 3. subs. by act 48 of , s. 4, for manufacture w.e.f. . 4. the proviso omitted by act 25 of , s. 4 w.e.f. . 5. ins. by s. 4, ibid. w.e.f. .

section 9. of the arms act : show related subordinates 1 notwithstanding anything in the foregoing provisions of this act, a no person, i who has not completed the age of 1twentyone years, or ii who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for 2any term, at any time during a period of five years after the expiration of the sentence, or iii who has been ordered to execute under chapter viii of the 3code of criminal procedure, 2 of , a bond for keeping the peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or ammunition b no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe i to be prohibited under clause a from acquiring, having in his possession or carrying any firearm or ammunition, or ii to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof. 2 notwithstanding anything in subclause i of clause a of subsection 1, a person who has attained the prescribed agelimit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms: provided that different agelimits may be prescribed in relation to different types of firearms. 1. subs. by act 25 of , s. 5, for sixteen years w.e.f. . 2. subs. by s. 5, ibid., for a term of not less than six months w.e.f. . 3. subs. by s. 5,ibid.,, for code of criminal procedure, 5 of w.e.f. .

section 3. of the arms act : 11 no person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder: provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. 22 notwithstanding anything contained in subsection 1, no person, other than a person referred to in subsection 3, shall acquire, have in his possession or carry, at any time, more than 3two firearm: provided that a person who has in his possession more firearms than three at the commencement of the arms amendment act, 25 of , may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of subsection 1 of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that subsection. 4provided that a person who has in his possession more firearms than two at the commencement of the arms amendment act, , may retain with him any two of such firearm and shall deposit, within one year from such commencement, the remaining firearm with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of subsection 1 of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury referred to in that subsection after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year: provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded. 3 nothing contained in subsection 2 shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the central government using a point 22 bore rifle or an air rifle for target practice. 4 the provisions of subsections 2 to 6 both inclusive of section 21 shall apply in relation to any deposit of firearms under the proviso to subsection 2 as they apply in relation to the deposit of any arm or ammunition under subsection 1 of that section. 1. section 3 renumbered as subsection 1 thereof by act 25 of , s. 3 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. . 3. subs. by act 48 of , s. 3, for three firearms w.e.f. . 4. ins. by s. 3, ibid. w.e.f. .

section 12. of the arms act : show related subordinates 1 the central government may, by notification in the official gazette, a direct that no person shall transport over india or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder or b prohibit such transport altogether. 2 arms or ammunition transhipped at a seaport or an airport in india are transported within the meaning of this section.

section 6. of the arms act : no person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm 1or convert from any category of firearms mentioned in the arms rules, into any other category of firearms unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder. explanation.in this section, the expression imitation firearm means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not. 1. ins. by act 48 of , s. 5 w.e.f. .

section 14. of the arms act : 1 notwithstanding anything in section 13, the licensing authority shall refuse to grant a a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition b a licence in any other case under chapter ii, i where such licence is required by a person whom the licensing authority has reason to believe 1 to be prohibited by this act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition or 2 to be of unsound mind or 3 to be for any reason unfit for a licence under this act or ii where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. 2 the licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. 3 where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement

section 10. of the arms act : show related subordinates 1 no person shall bring into, or take out of, india by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunder: provided that a a person who is entitled by virtue of this act or any other law for the time being in force to have, or is not prohibited by this act or such other law from having, in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, india such arms or ammunition in reasonable quantities for his own private use b a person being a bona fide tourist belonging to any such country as the central government may, by notification in the official gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into india arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose explanation. for purposes of clause b of this proviso, the word tourist means a person who not being a citizen of india visits india for a period not exceeding six months with no other object than recreation, sightseeing, or participation in a representative capacity in meetings convened by the central government or in international conferences, associations or other bodies. 2 notwithstanding anything contained in the proviso to subsection 1, where the 1commissioner of customs or any other officer empowered by the central government in this behalf has any doubt as to the applicability of clause a or clause b of that proviso to any person who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition may be put by such person, may detain the arms or ammunition in the possession of such person until he receives the orders of the central government in relation thereto. 3 arms and ammunition taken from one part of india to another by sea or air or across any intervening territory not forming part of india, are taken out of, and brought into, india within the meaning of this section. 1. subs. by act 22 of , s. 89, for collector of customs w.e.f. .

section 18. of the arms act : show related subordinates 1 any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority hereinafter referred to as the appellate authority and within such period as may be prescribed: provided that no appeal shall lie against any order made by, or under the direction of, the government. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. 3 the period prescribed for an appeal shall be computed in accordance with the provisions of the indian limitation act, 9 of , with respect to the computation of periods of limitation thereunder. 4 every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed. 5 in disposing of an appeal the appellate authority shall follow such procedure as may be prescribed: provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard. 6 the order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order. 7 every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

section 11. of the arms act : show related subordinates the central government may, by notification in the official gazette, prohibit the bringing into, or the taking out of, india, arms or ammunition of such classes and descriptions as may be specified in the notification.

section 16., for licence. of the arms act : show related subordinates the fees on payment of which, the conditions subject to which and the form in which a licence shall be granted or renewed shall be such as may be prescribed: provided that different fees, different conditions and different forms may be prescribed for different types of licences: provided further that a licence may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.

section 13. of the arms act : show related subordinates 1 an application for the grant of a licence under chapter ii shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. 1 2 on receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. 2a the licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under subsection 2, shall, subject to the other provisions of this chapter, by order in writing either grant the licence or refuse to grant the same: provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report. 3 the licensing authority shall grant a a licence under section 3 where the licence is required i by a citizen of india in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or ii in respect of 2firearm a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the central government b a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same. 1. subs. by act 25 of , s. 6, for subsection 2 w.e.f. . 2. subs. by act 48 of , s. 7, for point 22 bore rifle or an air rifle w.e.f. .

section 15. of the arms act : 1 a licence under section 3 shall, unless revoked earlier, continue in force for a 1period of five years period of three years from the date on which it is granted: provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period. 2provided further that the licence granted under section 3 shall be subject to the conditions specified in subclauses ii and iii of clause a of subsection 1 of section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed. 2 a licence under any other provision of chapter ii shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine. 3 every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof. 1. subs. by s. 8, ibid., for period of three years w.e.f. . 2. the proviso ins. by s. 8, ibid. w.e.f. .

section 19. of the arms act : show related subordinates 1 any police officer or any other officer specially empowered in this behalf by the central government may demand the production of his licence from any person who is carrying any arms or ammunition. 2 if the person upon whom a demand is made refuses or fails to produce the licence or to show that he is entitled by virtue of this act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from that person the arms or ammunition which he is carrying. 3 if that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.

section 21., on possession ceasing to be lawful. of the arms act : show related subordinates 1 any person having in his possession any arms or ammunition the possession whereof has, in consequence of the expiration of the duration of a licence or of the suspension or revocation of a licence or by the issue of a notification under section 4 or by any reason whatever, ceased to be lawful, shall without unnecessary delay deposit the same either with the officer in charge of the nearest police station or subject to such conditions as may be prescribed, with a licensed dealer or where such person is a member of the armed forces of the union, in a unit armoury. explanation.in this subsection unit armoury includes an armoury in a ship or establishment of the indian navy. 2 where arms or ammunition have or has been deposited under subsection 1, the depositor or in the case of his death, his legal representative, shall, at any time before the expiry of such period as may be prescribed, be entitled a to receive back anything so deposited on his becoming entitled by virtue of this act or any other law for the time being in force to have the same in his possession, or b to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person entitled by virtue of this act or any other law for the time being in force to have, or not prohibited by this act or such other law from having, the same in his possession and to receive the proceeds of any such disposal: provided that nothing in this subsection shall be deemed to authorise the return or disposal of anything of which confiscation has been directed under section 32. 3 all things deposited and not received back or disposed of under subsection 2 within the period therein referred to shall be forfeited to government by order of the district magistrate: provided that in the case of suspension of a licence no such forfeiture shall be ordered in respect of a thing covered by the licence during the period of suspension. 4 before making an order under subsection 3 the district magistrate shall, by notice in writing to be served upon the depositor or in the case of his death, upon his legal representative, in the prescribed manner, require him to show cause within thirty days from the service of the notice why the things specified in the notice should not be forfeited. 5 after considering the cause, if any, shown by the depositor or, as the case may be, his legal representative, the district magistrate shall pass such order as he thinks fit. 6 the government may at any time return to the depositor or his legal representative things forfeited to it or the proceeds of disposal thereof wholly or in part.

section 17. of the arms act : show related subordinates 1 the licensing authority may vary the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licenceholder by notice in writing to deliverup the licence to it within such time as may specified in the notice. 2 the licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed. 3 the licensing authority may by order in writing suspend a licence for such period as it thinks fit or revoke a licence, a if the licensing authority is satisfied that the holder of the licence is prohibited by this act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act or b if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence or c if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it or d if any of the conditions of the licence has been contravened or e if the holder of the licence has failed to comply with a notice under subsection 1 requiring him to deliverup the licence. 4 the licensing authority may also revoke a licence on the application of the holder thereof. 5 where the licensing authority makes an order varying a licence under subsection 1 or an order suspending or revoking a licence under subsection 3, it shall record in writing the reasons therefor and furnish to the holder of the licence on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. 6 the authority to whom the licensing authority is subordinate may by order in writing suspend or revoke a licence on any ground on which it may be suspended or revoked by the licensing authority and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority. 7 a court convicting the holder of a licence of any offence under this act or the rules made thereunder may also suspend or revoke the licence: provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void. 8 an order of suspension or revocation under subsection 7 may also be made by an appellate court or by the high court when exercising its powers of revision. 9 the central government may, by order in the official gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this act throughout india or any part thereof. 10 on the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.

section 20., under suspicious circumstances. of the arms act : where any person is found carrying or conveying any arms or ammunition whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are or is being carried by him with intent to use them, or that the same may be used, for any unlawful purpose, any magistrate, any police officer or any other public servant or any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him without warrant and seize from him such arms or ammunition.

section 22. of the arms act : show related subordinates 1 whenever any magistrate has reason to believe a that any person residing within the local limits of his jurisdiction has in his possession any arms or ammunition for any unlawful purpose, or b that such person cannot be left in the possession of any arms or ammunition without danger to the public peace or safety, the magistrate may, after having recorded the reasons for his belief, cause a search to be made of the house or premises occupied by such person or in which the magistrate has reason to believe that such arms or ammunition are or is to be found and may have such arms or ammunition, if any, seized and detain the same in safe custody for such period as he thinks necessary, although that person may be entitled by virtue of this act or any other law for the time being in force to have the same in his possession. 2 every search under this section shall be conducted by or in the presence of a magistrate or by or in the presence of some officer specially empowered in this behalf by the central government.

section 27. of the arms act : 127. punishment for using arms, etc.1 whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. 2 whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine. 3 whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, 2shall be punishable with imprisonment for life, or death and shall also be liable to fine. 1. subs. by act 42 of , s. 6, for section 27 w.e.f. ./ 2. subs. by act 48 of , s. 10, for shall be punishable with imprisonment for life, or death and shall also be liable to fine w.e.f. .

section 24. of the arms act : show related subordinates the central government may at any time order the seizure of any arms or ammunition in the possession of any person, notwithstanding that such person is entitled by virtue of this act or any other law for the time being in force to have the same in his possession, and may detain the same for such period as it thinks necessary for the public peace and safety.

section 23. of the arms act : show related subordinates any magistrate, any police officer or any other officer specially empowered in this behalf by the central government, may for the purpose of ascertaining whether any contravention of this act or the rules made thereunder is being or is likely to be committed, stop and search any vessel, vehicle or other means of conveyance and seize any arms or ammunition that may be found therein along with such vessel, vehicle or other means of conveyance.

section 24a. of the arms act : 124a. prohibition as to possession of notified arms in disturbed areas, etc.1 where the central government is satisfied that there is extensive disturbance of public peace and tranquility or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area, it is necessary or expedient so to do, it may by notification in the official gazette a specify the limits of such area b direct that before the commencement of the period specified in the notification which period shall be a period commencing from a date not earlier than the fourth day after the date of publication of the notification in the official gazette, every person having in his possession in such area any arms of such description as may be specified in the notification the arms so specified being hereafter in this section referred to as notified arms, shall deposit the same before such commencement in accordance with the provisions of section 21 and for this purpose the possession by such person of any notified arms shall, notwithstanding anything contained in any other provision of this act except section 41 or in any other law for the time being in force, as from the date of publication of such notification in the official gazette be deemed to have ceased to be lawful c declare that as from the commencement of, and until the expiry of, the period specified in the notification, it shall not be lawful for any person to have in his possession in such area any notified arms d authorise any such officer subordinate to the central government or a state government as may be specified in the notification, i to search at any time during the period specified in the notification any person in, or passing through, or any premises in, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container ii to seize at any time during the period specified in the notification any notified arms in the possession of any person in such area or discovered through a search under subclause i, and detain the same during the period specified in the notification. 2 the period specified in a notification issued under subsection 1 in respect of any area shall not, in the first instance, exceed ninety days, but the central government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in subsection 1 or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do. 3 the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to any search or seizure made under subsection 1. 4 for the purposes of this section, a arms includes ammunition b where the period specified in a notification, as originally issued under subsection 1, is extended under subsection 2, then, in relation to such notification, references in subsection 1 to the period specified in the notification shall be construed as references to the period as so extended. 1. ins. by act 25 of , s. 7 w.e.f.

section 24b. of the arms act : 124b. prohibition as to carrying of notified arms in or through public places in disturbed areas, etc. 1 where the central government is satisfied that there is extensive disturbance of public peace and tranquillity or imminent danger of such disturbance in any area and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do, it may, by notification in the official gazette, a specify the limits of such area b direct that during the period specified in the notification which period shall be a period commencing from a date not earlier than the second day after the date of publication of the notification in the official gazette, no person shall carry or otherwise have in his possession any arms of such description as may be specified in the notification the arms so specified being hereafter in this section referred to as notified arms through or in any public place in such area c authorise any such officer subordinate to the central government or a state government as may be specified in the notification, i to search at any time during the period specified in the notification any person in, or passing through, or any premises in or forming part of, or any animal or vessel or vehicle or other conveyance of whatever nature in or passing through, or any receptacle or other container of whatever nature in, any public place in such area if such officer has reason to believe that any notified arms are secreted by such person or in such premises or on such animal or in such vessel, vehicle or other conveyance or in such receptacle or other container ii to seize at any time during the period specified in the notification any notified arms being carried by or otherwise in the possession of any person, through or in a public place in such area or discovered through a search under subclause i, and detain the same during the period specified in the notification. 2 the period specified in a notification issued under subsection 1 in respect of any area shall not, in the first instance, exceed ninety days, but the central government may amend such notification to extend such period from time to time by any period not exceeding ninety days at any one time if, in the opinion of that government, there continues to be in such area such disturbance of public peace and tranquillity as is referred to in subsection 1 or imminent danger thereof and that for the prevention of offences involving the use of arms in such area it is necessary or expedient so to do. 3 the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to any search or seizure made under subsection 1. 4 for the purposes of this section, a arms includes ammunition b public place means any place intended for use by, or accessible to, the public or any section of the public and c where the period specified in a notification, as originally issued under subsection 1, is extended under subsection 2, then, in relation to such notification, references in subsection 1 to the period specified in the notification shall be construed as references to the period as so extended. 1. ins. by act 25 of , s. 7 w.e.f. .

section 26. of the arms act : 126. secret contraventions.1 whoever does any act in contravention of any of the provisions of section 3, 4, 10 or 12 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and also with fine. 2 whoever does any act in contravention of any of the provisions of section 5, 6, 7 or 11 in such manner as to indicate an intention that such act may not be known to any public servant or to any person employed or working upon a railway, aircraft, vessel, vehicle or any other means of conveyance, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and also with fine. 3 whoever on any search being made under section 22 conceals or attempts to conceal any arms or ammunition, shall be punishable with imprisonment for a term which may extend to ten years and also with fine. 1. subs. by s. 9, ibid., for section 26 w.e.f.

section 25. of the arms act : 11 whoever a 2manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5 or b shortens the barrel of a firearm or converts an imitation firearm into a firearm 3or convert from any category of firearms mentioned in the arms rules, into any other category of firearms in contravention of section 6 or 4 d brings into, or takes out of, india, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than 5seven years but which may extend to imprisonment for life and shall also be liable to fine. 61a whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than 7seven years but which may extend to fourteen years and shall also be liable to fine. 8provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than seven years. 81ab whoever, by using force, takes the firearm from the police or armed forces shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine. 1aa whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than 9ten years but which may extend to imprisonment for life and shall also be liable to fine. 101aaa whoever has in contravention of a notification issued under section 24a in his possession or in contravention of a notification issued under section 24b carries or otherwise has in his possession, any arms or ammunition shall be punishable with imprisonment for a term which shall not be less than 11seven years but which may extend to imprisonment for life and shall also be liable to fine. 1b whoever a acquires, has in his possession or carries any firearm or ammunition in contravention of section 3 or b acquires, has in his possession or carries in any place specified by notification under section 4 any arms of such class or description as has been specified in that notification in contravention of that section or c sells or transfers any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon as required by subsection 2 of section 8 or does any act in contravention of subsection 1 of that section or d being a person to whom subclause ii or subclause iii of clause a of subsection 1 of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section or e sells or transfers, or converts, repairs, tests or proves any firearm or ammunition in contravention of clause b of subsection 1 of section 9 or f brings into, or takes out of, india, any arms or ammunition in contravention of section 10 or g transports any arms or ammunition in contravention of section 12 or h fails to deposit arms or ammunition as required by subsection 2 of section 3, or subsection 1 of section 21 or i being a manufacturer of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such rules or intentionally makes a false entry therein or prevents or obstructs the inspection of such record or account or the making of copies of entries therefrom or prevents or obstructs the entry into any premises or other place where arms or ammunition are or is manufactured or kept or intentionally fails to exhibit or conceals such arms or ammunition or refuses to point out where the same are or is manufactured or kept, shall be punishable with imprisonment for a term which shall not be less than 12two years but which may extend to five years and shall also be liable to fine and shall also be liable to fine: provided that the court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than 13two years. 141c notwithstanding anything contained in subsection 1b, whoever commits an offence punishable under that subsection in any disturbed area shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. explanation.for the purposes of this subsection, disturbed area means any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order, and includes any areas specified by notification under section 24a or section 24b. 2 whoever being a person to whom subclause i of clause a of subsection 1 of section 9 applies, acquires, has in his possession or carries any firearm or ammunition in contravention of that section shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 153 whoever sells or transfers any firearm, ammunition or other arms i without informing the district magistrate having jurisdiction or the officer in charge of the nearest police station, of the intended sale or transfer of that firearm, ammunition or other arms or ii before the expiration of the period of fortyfive days from the date of giving such information to such district magistrate or the officer in charge of the police station, in contravention of the provisions of clause a or clause b of the proviso to subsection 2 of section 5, shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both. 4 whoever fails to deliverup a licence when so required by the licensing authority under subsection 1 of section 17 for the purpose of varying the conditions specified in the licence or fails to surrender a licence to the appropriate authority under subsection 10 of that section on its suspension or revocation shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to five hundred rupees, or with both. 5 whoever, when required under section 19 to give his name and address, refuses to give such name and address or gives a name or address which subsequently transpires to be false shall be punishable with imprisonment for a term which may extend to six months, or with fine of an amount which may extend to two hundred rupees, or with both. 166 if any member of an organised crime syndicate or any person on its behalf has at any time has in his possession or carries any arms or ammunition in contravention of any provision of chapter ii shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine. 7 whoever on behalf of a member of an organised crime syndicate or a person on its behalf, i manufactures, obtains, procures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5 or ii shortens the barrel of a firearm or converts an imitation firearm into a fire arm or converts from any category of firearms mentioned in the arms rules, into any other category of firearms in contravention of section 6 or iii brings into, or takes out of india, any arms or ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine. explanation.for the purposes of subsections 6 and 7, a organised crime means any continuing unlawful activity by any person, singly or collectively, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person b organised crime syndicate means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulge in activities of organised crime. 8 whoever involves in or aids in the illicit trafficking of firearms and ammunition in contravention of sections 3, 5, 6, 7 and 11 shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine. explanation.for the purposes of this subsection, illicit trafficking means the import, export, acquisition, sale, delivery, movement or transfer of firearms and ammunition into, from or within the territory of india, if the firearms and ammunition are not marked in accordance with the provisions of this act or are being trafficked in contravention of the provisions of this act including smuggled firearms of foreign make or prohibited arms and prohibited ammunition. 9 whoever uses firearm in a rash or negligent manner or in celebratory gunfire so as to endanger human life or personal safety of others shall be punishable with an imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both. explanation.for the purposes of this subsection, celebratory gunfire means the practice of using firearm in public gatherings, religious places, marriage parties or other functions to fire ammunition. 1. subs. by act 25 of , s. 8, for subsection 1 w.e.f. . 2. subs. by act 48 of , s. 9, for manufactures w.e.f. . 3. ins. by s. 9, ibid. w.e.f. . 4. clause c omitted by act 42 of , s. 5 w.e.f. . 5. subs. by act 48 of , s. 9, for three years but which may extend to seven years w.e.f. . 6. ins. by act 42 of , s. 5 w.e.f. . 7. subs. by act 48 of , s. 9, for five years but which may extend to ten years w.e.f. . 8. ins. by s. 9, ibid. w.e.f. . 9. subs. by s. 9, ibid., for seven years w.e.f. . 10. subsection 1a renumbered as subsection 1aaa thereof by act 42 of , s. 5 w.e.f. . 11. subs. by act 39 of , s. 2, for one year, but which may extend to five years w.e.f. . 12. subs. by act 48 of , s. 9, for one year but which may extend to three years w.e.f. . 13. subs. by s. 9,ibid., for one year w.e.f. . 14. ins. by act 39 of , s. 2 w.e.f. . 15. subs. by act 25 of , s. 8, for subsection 3 w.e.f. . 16. ins. by act 48 of , s. 9 w.e.f. .

section 31. of the arms act : whoever having been convicted of an offence under this act is again convicted of an offence under this act shall be punishable with double the penalty provided for the latter offence.

section 32. of the arms act : 1 when any person is convicted under this act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any receptacle or thing containing, or used to conceal, the arms or ammunition shall be confiscated: provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall become void. 2 an order of confiscation may also be made by the appellate court or by the high court when exercising its powers of revision.

section 28. of the arms act : whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may extend to seven years 1 and with fine. explanation.in this section the expression imitation firearm has the same meaning as in section 6 1. subs. by act 25 of , s. 10, for , or with fine, or with both w.e.f. .

section 35. of the arms act : where any arms or ammunition in respect of which any offence under this act has been or is being committed are or is found in any premises, vehicle or other place in the joint occupation or under the joint control of several persons, each of such persons in respect of whom there is reason to believe that he was aware of the existence of the arms or ammunition in the premises, vehicle or other place shall, unless the contrary is proved, be liable for that offence in the same manner as if it has been or is being committed by him alone.

section 30. of the arms act : whoever contravenes any condition of a licence or any provision of this act or any rule made thereunder, for which no punishment is provided elsewhere in this act shall be punishable with imprisonment for a term which may extend to 1 six months, or with fine which may extend to 2 two thousand rupees, or with both. 1. subs. by s. 12, ibid., for three months w.e.f. . 2. subs. by s. 12, ibid., for five hundred w.e.f. .

section 29., from unlicensed person or for delivering arms, etc. of the arms act : whoever a purchases any firearms or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing that such other person is not licensed or authorised under section 5 or b delivers any arms or ammunition into the possession of another person without previously ascertaining that such other person is entitled by virtue of this act or any other law for the time being in force to have, and is not prohibited by this act or such other law from having, in his possession the same shall be punishable with imprisonment for a term which may extend to 1 three years, or with fine, or with both. 1. subs. by s. 11, ibid., for certain words w.e.f. .

section 37. of the arms act : save as otherwise provided in this act,, a all arrests and searches made under this act or under any rules made thereunder shall be carried out in accordance with the provisions of the 1 code of criminal procedure, 2 of , relating respectively to arrests and searches made under that code b any person arrested and any arms or ammunition seized under this act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall i either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or ii should that person fail to execute the bond and to furnish, if so required, sufficient sureties, produce that person and those things without delay before the magistrate. 1. subs. by act 25 of , s. 14, for code of criminal procedure, 5 of w.e.f. .

section 34. of the arms act : notwithstanding anything contained in the 1 customs act, 52 of , no arms or ammunition shall be deposited in any warehouse licensed under 2 section 58 of that act without the sanction of the central government. 1. subs. by act 25 of , s. 13, for sea customs act, 8 of w.e.f. . 2. subs. by s. 13, ibid., for section 16 w.e.f. .

section 33. of the arms act : 1 whenever an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 36. of the arms act : 1 every person aware of the commission of any offence under this act shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information of the same to the officer in charge of the nearest police station or the magistrate having jurisdiction. 2 every person employed or working upon any railway, aircraft, vessel, vehicle or other means of conveyance shall, in the absence of reasonable excuse the burden of proving which shall lie upon such person, give information to the officer in charge of the nearest police station regarding any box, package or bale in transit which he may have reason to suspect contains arms or ammunition in respect of which an offence under this act has been or is being committed

section 38. of the arms act : every offence under this act shall be cognizable within the meaning of the 1 code of criminal procedure, 2 of . 1. subs. by act 25 of , s. 14, for code of criminal procedure, 5 of w.e.f. .

section 40. of the arms act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 39. of the arms act : no prosecution shall be instituted against any person in respect of any offence under section 3 without the previous sanction of the district magistrate.

section 42. of the arms act : 1 the central government may, by notification in the official gazette, direct a census to be taken of all firearms in any area and empower any officer of government to take such census. 2 on the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.

section 41. of the arms act : show related subordinates where the central government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the official gazette and subject to such conditions, if any, as it may specify in the notification, a 1exempt any person or class of persons either generally or in relation to such description of arms and ammunition as may be specified in the notification, or exclude any description of arms or ammunition, or withdraw any part of india, from the operation of all or any of the provisions of this act and b as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons or the description of arms and ammunition or the part of india to the operation of such provisions. 1. subs. by s. 15, ibid.,for exempt any person or class of persons w.e.f. .

section 46. of the arms act : 1 the indian arms act, 11 of , is hereby repealed. 2 notwithstanding the repeal of the indian arms act, 11 of , and without prejudice to the provisions of sections 6 and 24 of the general clauses act, 10 of , every licence granted or renewed under the firstmentioned act and in force immediately before the commencement of this act shall, unless sooner revoked, continue in force after such commencement for the unexpired portion of the period for which it has been granted or renewed.

section 44. of the arms act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the appointment, jurisdiction, control and functions of licensing authorities 1including the areas and the categories or arms and ammunition for which they may grant licences b the form and particulars of application for the grant or renewal of a licence and where the application is for the renewal of a licence, the time within which it shall be made c the form in which and the conditions subject to which any licence may be granted or refused, renewal, varied, suspended or revoked d where no period has been specified in this act, the period for which any licence shall continue to be in force e the fees payable in respect of any application for the grant or renewal of a licence and in respect of any licence granted or renewed and the manner of paying the same f the manner in which the makers name, the manufacturers number or other identification mark of a 2 firearm or ammunition shall be stamped or otherwise shown thereon for the purposes of tracing 3explanation.for the purposes of this clause, tracing means the systematic tracking of firearms and ammunition from manufacturer to purchaser for the purpose of detecting, investigating and analysing illicit manufacturing and illicit trafficking g the procedure for the test or proof of any firearms h the firearms that may be used in the course of training, the agelimits of persons who may use them and the conditions for their use by such persons i the authority to whom appeals may be preferred under section 18, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the refund of such fees j the maintenance of records or accounts of anything done under a licence other than a licence under section 3 or section 4, the form of, and the entries to be made in, such records or accounts and the exhibition of such records or accounts to any police officer or to any officer of government empowered in this behalf k the entry and inspection by any police officer or by any officer of government empowered in this behalf of any premises or other place in which arms or ammunition are or is manufactured or in which arms or ammunition are or is kept by a manufacturer of or dealer in such arms or ammunition and the exhibition of the same to such officer l the conditions subject to which arms or ammunition may be deposited with a licensed dealer or in a unit armoury as required by subsection 1 of section 21 and the period on the expiry of which the things so deposited may be forfeited m any other matter which is to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in 4two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. d the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possessed by that or any other person. 1. ins. by act 25 of , s. 16 w.e.f. . 2. subs. by act 48 of , s. 11, for firearm shall be stamped or otherwise shown thereon w.e.f. . 3. ins. by s. 11, vide w.e.f. . 4. subs. by act 25 of , s. 16, for certain words w.e.f. .

section 43. of the arms act : show related subordinates 1 the central government may, by notification in the official gazette, direct that any power or function which may be exercised or performed by it under this act other than the power under section 41 or the power under section 44 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by a such officer or authority subordinate to the central government, or b such state government or such officer or authority subordinate to the state government, as may be specified in the notification. 2 any rules made by the central government under this act may confer powers or impose duties or authorise the conferring of powers or imposition of duties upon any state government or any officer or authority subordinate thereto.

section 45. of the arms act : nothing in this act shall apply to a arms or ammunition on board any seagoing vessel or any aircraft and forming part of the ordinary armament or equipment of such vessel or aircraft b the acquisition, possession or carrying, the manufacture, repair, conversion, test or proof, the sale or transfer or the import, export or transport of arms or ammunition i by or under orders of the central government, or ii by a public servant in the course of his duty as such public servant, or iii by a member of the national cadet corps raised and maintained under the national cadet corps act, 31 of , or by any officer or enrolled person of the territorial army raised and maintained under the territorial army act, 56 of , or by any member of any other forces raised and maintained or that may hereafter be raised and maintained under any central act, or by any member of such other forces as the central government may, by notification in the official gazette, specify, in the course of his duty as such member, officer or enrolled person c any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a firearm either with or without repair d the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possessed by that or any other person.

section 8. of the indian trust act : the subjectmatter of a trust must be property transferable to the beneficiary. it must not be a merely beneficial interest under a subsisting trust.

section 1. of the indian trust act : this act may be called the indian trusts act, : commencement. and it shall come into force on the first day of march, . local extent. 1it extends to 2the whole of india 3 and the andaman and nicobar islands 4 but the central government may, from time to time, by notification in the official gazette, extend it to 5the, andaman and nicobar islands or to any part thereof. savings. but nothing herein contained affects the rules of muhammadan law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors and nothing in the second chapter of this act applies to trusts created before the said day. 1. subs. by the a.o. , for the first sentence. 2. subs. by the a.o. , for all the provinces of india, except. 3. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 4. the words and panth piploda omitted by the a.o. . 5. subs., ibid., for either or both of the said provinces.

section 7. of the indian trust act : a trust may be created a by every person competent to contracts 1, and b with the permission of a principal civil court of original jurisdiction, by or on behalf of a minor but subject in each case to the law for the time being in force as to the circumstances and extent in and to which the author of the trust may dispose of the trustproperty. 1 . see s.11 of the indian contract act, 9 of .

section 3. of the indian trust act : a trust: is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner: author of the trust: trustee: beneficiary: trustproperty: beneficial interest: instrument of trust: the person who reposes or declares the confidence is called the author of the trust: the person who accepts the confidence is called the trustee: the person for whose benefit the confidence is accepted is called the beneficiary: the subjectmatter of the trust is called trustproperty or trustmoney: the beneficial interest or interest of the beneficiary is his right against the trustee as owner of the trustproperty and the instrument, if any, by which the trust is declared is called the instrument of trust: breach of trust: a breach of any duty imposed on a trustee, as such, by any law for the time being in force, is called a breach of trust: registered :and in this act, unless there be something repugnant in the subject or context, registered means registered under the law for the registration of documents for the time being in force: notice: a person is said to have notice of a fact either when he actually knows that fact or when, but for wilful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the indian contract act, 9 of , section 229 expressions defined in act 9 of :and all expressions used herein and defined in the indian contract act, 9 of , shall be deemed to have the meanings respectively attributed to them by that act.

section 2. of the indian trust act : the statute and acts mentioned in the schedule hereto annexed shall, to the extent mentioned in the said schedule, be repealed, in the territories to which this act for the time being extends.

section 9. of the indian trust act : every person capable of holding property may be a beneficiary. disclaimer by beneficiary.a proposed beneficiary may renounce his interest under the trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim inconsistent therewith.

section 4. of the indian trust act : a trust may be created for any lawful purpose. the purpose of a trust is lawful unless it is a forbidden by law, or b is of such a nature that, if permitted, it would defeat the provisions of any law, or c is fraudulent, or d involves or implies injury to the person or property of another, or e the court regards it as immoral or opposed to public policy. every trust of which the purpose is unlawful is void. and where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes cannot be separated, the whole trust is void. explanation. in this section, the expression law includes, where the trustproperty is immoveable and situate in a foreign country, the law of such country. illustrations a a conveys property to b in trust to apply the profits to the nurture of female foundlings to be trained up as prostitutes. the trust is void. b a bequeaths property to b in trust to employ it in carrying on a smuggling business, and out of the profits thereof to support as children. the trust is void. c a, while in insolvent circumstances, transfers property to b in trust for a during his life, and after his death for b. a is declared an insolvent. the trust for a is invalid as against his creditors.

section 6. of the indian trust act : subject to the provisions of section 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or acts a an intention on his part to create thereby a trust, b the purpose of the trust, c the beneficiary, and d the trustproperty, and unless the trust is declared by will or the author of the trust is himself to be the trustee transfers the trustproperty to the trustee. illustrations a a bequeaths certain property to b, having the fullest confidence that he will dispose of it for the benefit of c. this creates a trust so far as regards a and c. b a bequeaths certain property to b, hoping he will continue it in the family. this does not create a trust, as the beneficiary is not indicated with reasonable certainty. c a bequeaths certain property to b, requesting him to distribute it amongst such members of cs family as b should think most deserving. this does not create a trust, for the beneficiaries are not indicated with reasonable certainty. d a bequeaths certain property to b, desiring him to divide the bulk of it among cs children. this does not create a trust, for the trustproperty is not indicated with sufficient certainty. e a bequeaths a shop and stockintrade to b, on condition that he pays as debts and a legacy to c. this is a condition, not a trust for as creditors and c.

section 5. of the indian trust act : no trust in relation to immoveable property is valid unless declared by a nontestamentary instrument in writing signed by the author of the trust or the trustee and registered, or by the will of the author of the trust or of the trustee. trust of moveable property. no trust in relation to moveable property is valid unless declared as aforesaid, or unless the ownership of the property is transferred to the trustee. these rules do not apply where they would operate so as to effectuate a fraud.

section 17. of the indian trust act : where there are more beneficiaries than one, the trustee is bound to be impartial, and must not execute the trust for the advantage of one at the expense of another. where the trustee has a discretionary power, nothing in this section sha ll be deemed to authorize the court to control the exercise reasonably and in good faith of such discretion. illustrations a, a trustee for b, c and d, is empowered to choose between several specified modes of investing the trust property. a in good faith chooses one of these modes. the court will not interfere, although the result of the choice may be to vary the relative rights of b, c and d.

section 10. of the indian trust act : every person capable of holding property may be a trustee but, where the trust involves the exercise of discretion, he cannot execute it unless he is competent to contract. no one bound to accept trust. no one is bound to accept a trust. acceptance of trust. a trust is accepted by any words or acts of the trustee indicating with reasonable certainty such acceptance. disclaimer of trust. instead of accepting a trust, the intended trustee may, within a reasonable period, disclaim it, and such disclaimer shall prevent the trustproperty from vesting in him. a disclaimer by one of two or more cotrustees vests the trustproperty in the other or others, and makes him or them sole trustee or trustees from the date of the creation of the trust. illustrations a a bequeaths certain property to b and c, his executors, as trustees for d. b and c prove as will. this is in itself an acceptance of the trust, and b and c hold the property in trust for d. b a transfers certain property to b in trust to sell it and to pay out of the proceeds as debts. b accepts the trust and sells the property. so far as regards b, a trust of the proceeds is created for as creditors. c a bequeaths a lakh of rupees to b upon certain trusts and appoints him his executor. b severs the lakh from the general assets and appropriates it to the specific purpose. this is an acceptance of the trust.

section 16. of the indian trust act : where the trust is created for the benefit of several persons in succession, and the trustproperty is of a wasting nature or a future or reversionary interest, the trustee is bound, unless an intention to the contrary may be inferred from the instrument of trust, to convert the property into property of a permanent and immediately profitable character. illustrations a a bequeaths to b all his property in trust for c during his life, and on his death for d, and on ds death for e. as property consists of three leasehold houses, and there is nothing in as will to show that he intended the houses to be enjoyed in specie. b should sell the houses, and invest the proceeds in accordance with section 20. b a bequeaths to b his three leasehold houses in calcutta and all the furniture therein in trust for c during his life, and on his death for d, and on ds death for e. here an intention that the houses and furniture should be enjoyed in specie appears clearly, and b should not sell them.

section 13. of the indian trust act : a trustee is bound to maintain and defend all such suits, and subject to the provisions of the instrument of trust to take such other steps as, regard being had to the nature and amount or value of the trustproperty, may be reasonably requisite for the preservation of the trustproperty and the assertion or protection of the title thereto. illustrations the trustproperty is immoveable property which has been given to the author of the trust by an unregistered instrument. subject to the provisions of the indian registration act, 3 of , the trustees duty is to cause the instrument to be registered. 1 see now the indian registration act, 16 of .

section 12. of the indian trust act : a trustee is bound to acquaint himself, as soon as possible, with the nature and circumstances of the trustproperty to obtain, where necessary, a transfer of the trustproperty to himself and subject to the provisions of the instrument of trust to get in trustmoneys invested on insufficient or hazardous security. illustrations a the trustproperty is a debt outstanding on personal security. the instrument of trust gives the trustee no discretionary power to leave the debt so outstanding. the trustees duty is to recover the debt without unnecessary delay. b the trustproperty is money in the hands of one of two cotrustees. no discretionary power is given by the instrument of trust. the other cotrustee must not allow the former to retain the money for a longer period than the circumstances of the case required.

section 11. of the indian trust act : the trustee is bound to fulfil the purpose of the trust, and to obey the directions of the author of the trust given at the time of its creation, except as modified by the consent of all the beneficiaries being competent to contract. where the beneficiary is incompetent to contract, his consent may, for the purposes of this section, be given by a principal civil court of original jurisdiction. nothing in this section shall be deemed to require a trustee to obey any direction when to do so would be impracticable, illegal or manifestly injurious to the beneficiaries. explanation. unless a contrary intention be expressed, the purpose of a trust for the payment of debts shall be deemed to be a to pay only the debts of the author of the trust existing and recoverable at the date of the instrument of trust, or, when such instrument is a will, at the date of his death, and b in the case of debts not bearing interest, to make such payment without interest. illustrations a a, a trustee, is simply authorised to sell certain land by public auction. he cannot sell the land by private contract. b a, a trustee of certain land for x, y and z, is authorised to sell the land to b for a specified sum. x, y and z, being competent to contract, consent that a may sell the land to c for a less sum. a may sell the land accordingly. c a, a trustee for b and her children, is directed by the author of the trust to lend, on bs request, trustproperty to bs husband, c, on the security of his bond. c becomes insolvent and b requests a to make the loan. a may refuse to make it.

section 14. of the indian trust act : the trustee must not for himself or another setup or aid any title to the trustproperty adverse to the interest of the beneficiary.

section 15. of the indian trust act : a trustee is bound to deal with the trustproperty as carefully as a man of ordinary prudence would deal with such property if it were his own and, in the absence of a contract to the contrary, a trustee so dealing is not responsible for the loss, destruction or deterioration of the trustproperty. illustrations a a, living in calcutta, is a trustee for b, living in bombay. a remits trustfunds to b by bills drawn by a person of undoubted credit in favour of the trustee as such, and payable at bombay. the bills are dishonoured. a is not bound to make good the loss. b a, a trustee of leasehold property, directs the tenant to pay the rents on account of the trust to a banker, b, then in credit. the rents are accordingly paid to b, and a eaves the money with b only till wanted. before the money is drawn out, b becomes insolvent. a, having had no reason to believe that b was in insolvent circumstances, is not bound to make good the loss. c a, a trustee of two debts for b, releases one and compounds the other, in good faith, and reasonably believing that it is for bs interest to do so. a is not bound to make good any loss caused thereby to b. d a, a trustee directed to sell the trustproperty by auction, sells the same, hut does not advertise the sale and otherwise fails in reasonable diligence in inviting competition. a is bound to make good the loss caused thereby to the beneficiary. e a, a trustee for b, in execution of his trust, sells the trustproperty, but from want of due diligence on his part fails to receive part of the purchasemoney. a is bound to make good the loss thereby caused to b. f a, a trustee for b of a policy of insurance, has funds in hand for payment of the premiums. a neglects to pay the premiums, and the policy is consequently forfeited. a is bound to make good the loss to b. g a bequeaths certain moneys to b and c as trustees, and authorises them to continue trustmoneys upon the personal security of a certain firm in which a had himself invested them. a dies, and a change takes place in the firm. b and c must not permit the moneys to remain upon the personal security of the new firm. h a, a trustee for b, allows the trust to be executed solely by his cotrustee, c. c misapplies the trustproperty. a is personally answerable for the loss resulting to b.

section 22. of the indian trust act : where a trustee directed to sell within a specified time extends such time, the burden of proving, as between himself and the beneficiary, that the latter is not prejudiced by the extension lies upon the trustee, unless the extension has been authorised by a principal civil court of original jurisdiction. illustration a bequeaths property to b, directing him with all convenient speed and within five years to sell it, and apply the proceeds for the benefit of c. in the exercise of reasonable discretion, b postpones the sale for six years. the sale is not thereby rendered invalid, but c, alleging that he has been injured by the postponement, institutes a suit against b to obtain compensation. in such suit the burden of proving that c has not been injured lies on b.

section 18. of the indian trust act : where the trust is created for the benefit of several persons in succession and one of them is in possession of the trustproperty, if he commits, or threatens to commit, any act which is destructive or permanently injurious thereto, the trustee is bound to take measures to prevent such act.

section 24. of the indian trust act : a trustee who is liable for a loss occasioned by a breach of trust in respect of one portion of the trustproperty cannot setoff against his liability a gain which has accrued to another portion of the trustproperty through another and distinct breach of trust.

section 19. of the indian trust act : a trustee is bound a to keep clear and accurate accounts of the trust property, and b, at all reasonable times, at the request of the beneficiary, to furnish him with full and accurate information as to the amount and state of the trustproperty.

section 25. of the indian trust act : where a trustee succeeds another, he is not, as such, liable for the acts or defaults of his predecessor.

section 20. of the indian trust act : 120. investment of trustmoney.where the trustproperty consists of money and cannot be applied immediately or at an early date to the purposes of the trust, the trustee shall, subject to any direction contained in the instrument of trust, invest the money in any of the securities or class of securities expressly authorised by the instrument of trust or as specified by the central government, by notification in the official gazette: provided that where there is a person competent to contract and entitled in possession to receive the income of the trustproperty for his life, or for any greater estate, no investment in any of the securities or class of securities mentioned above shall be made without his consent in writing. explanation.for the purposes of this section, the expression securities shall have the same meaning as assigned to it in clause h of section 2 of the securities contracts regulation act, 42 of . 1 subs. by act 34 of , s. 2, for section 20 w.e.f. .

section 21. of the indian trust act : nothing in section 20 shall apply to investments made before this act comes into force, or shall be deemed to preclude an investment on a mortgage of immoveable property already pledged as security for an advance under the land improvement act, , or, in case the trustmoney does not exceed three thousand rupees, a deposit thereof in a government savings bank. 1 see now the land improvement loans act, 19 of .

section 20a. of the indian trust act : 120a. power to purchase redeemable stock at a premium.1 a trustee may invest in any of the securities mentioned or referred to in section 20, notwithstanding that the same may be redeemable and that the price exceeds the redemption value: 2 2 a trustee may retain until redemption any redeemable stock, fund or security which may have been purchased in accordance with this section. 1. ins. by act 1 of , s. 3. 2. the proviso omitted by act 34 of , s. 3 w.e.f. .

section 28. of the indian trust act : when any beneficiarys interest becomes vested in another person, and the trustee, not having notice of the vesting, pays or delivers trustproperty to the person who would have been entitled thereto in the absence of such vesting, the trustee is not liable for the property so paid or delivered.

section 23. of the indian trust act : where the trustee commits a breach of trust, he is liable to make good the loss which the trustproperty or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full knowledge of the facts of the case and of his rights as against the trustee. a trustee committing a breach of trust is not liable to pay interest except in the following cases: a where he has actually received interest b where the breach consists in unreasonable delay in paying trustmoney to the beneficiary c where the trustee ought to have received interest, but has not done so d where he may be fairly presumed to have received interest he is liable, in case a, to account for the interest actually received, and, in cases b, c and d, to account for simple interest at the rate of six per cent. per annum, unless the court otherwise directs. e where the breach consists in failure to invest trustmoney and to accumulate the interest or dividends thereon, he is liable to account for compound interest with halfyearly rests at the same rate f where the breach consists in the employment of trustproperty or the proceeds thereof in trade or business, he is liable to account, at the option of the beneficiary, either for compound interest with halfyearly rests at the same rate, or for the net profits made by such employment illustrations a a trustee improperly leaves trustproperty outstanding, and it is consequently lost: he is liable to make good the property lost, but he is not liable to pay interest thereon. b a bequeaths a house to b in trust to sell it and pay the proceeds to c. b neglects to sell the house for a great length of time, whereby the house is deteriorated and its marketprice falls. b is answerable to c for the loss. c a trustee is guilty of unreasonable delay in investing trustmoney in accordance with section 20, or in paying it to the beneficiary. the trustee is liable to pay interest thereon for the period of the delay. d the duty of the trustee is to invest trustmoney in any of the securities mentioned in section 20, clause a, b, c or d. instead of so doing, he retains the money in his hands. he is liable, at the option of the beneficiary, to be charged either with the amount of the principal money and interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, and the intermediate dividends and interest thereon. e the instrument of trust directs the trustee to invest trustmoney either in any of such securities or on mortgage of immoveable property. the trustee does neither. he is liable for the principal money and interest. f the instrument of trust directs the trustee to invest trustmoney in any of such securities and to accumulate the dividends thereon. the trustee disregards the direction. he is liable, at the option of the beneficiary, to be charged either with the amount of the principal money and compound interest, or with the amount of such securities as he might have purchased with the trustmoney when the investment should have been made, together with the amount of the accumulation which would have arisen from a proper investment of the intermediate devidends. g trustproperty is invested in one of the securities mentioned in section 20, clause a, b, c or d. the trustee sells such security for some purpose not authorised by the terms of the instrument of trust. he is liable, at the option of the beneficiary, either to replace the security with the intermediate dividends and interest thereon, or to account for the proceeds of the sale with interest thereon. h the trustproperty consists of land. the trustee sells the land to a purchaser for a consideration without notice of the trust. the trustee is liable, at the option of the beneficiary, to purchase other land of equal value to be settled upon the like trust, or to be charged with the proceeds of the sale with interest.

section 32. of the indian trust act : every trustee may reimburse himself, or pay or discharge out of the trustproperty, all expenses properly incurred in or about the execution of the trust, or the realisation, preservation or benefit of the trustproperty, or the protection or support of the beneficiary. if he pays such expenses out of his own pocket he has a first charge upon the trustproperty for such expenses and interest thereon but such charge unless the expenses have been incurred with the sanction of a principal civil court of original jurisdiction shall be enforced only by prohibiting and disposition of the trustproperty without previous payment of such expenses and interest. if the trustproperty fail, the trustee is entitled to recover from the beneficiary personally on whose behalf he acted, and at whose request, expressed or implied, he made the payment, the amount of such expenses. right to be recouped for erroneous overpayment. where a trustee has by mistake made an overpayment to the beneficiary, he may reimburse the trustproperty out of the beneficiarys interest. if such interest fail, the trustee is entitled to recover from the beneficiary personally the amount of such overpayment.

section 26. of the indian trust act : subject to the provisions of sections 13 and 15, one trustee is not, as such, liable for a breach of trust committed by his co trustee: provided that, in the absence of an express declaration to the contrary in the instrument of trust, a trustee is so liable a where he has delivered trustproperty to his cotrustee without seeing to its proper application b where he allows his cotrustee to receive trustproperty and fails to make due enquiry as to the cotrustees dealings therewith, or allows him to retain it longer than the circumstances of the case reasonably require c where he becomes aware of a breach of trust committed or intended by his cotrustee, and either actively conceals it or does not within a reasonable time take proper steps to protect the beneficiarys interest. joining in receipt for conformity. a cotrustee who joins in signing a receipt for trustproperty and proves that he has not received the same is not answerable, by reason of such signature only, for loss or misapplication of the property by his cotrustee. illustration a bequeaths certain property to b and c, and directs . ahem to sell it and invest the proceeds for the benefit of d. b and c accordingly sell the property, and the purchasemoney is received by b and retained in his hands. c pays no attention to the matter for two years and then calls on b to make the investment. b is unable to do so, becomes insolvent, and the purchasemoney is lost. c may be compelled to make good the amount.

section 34. of the indian trust act : any trustee may, without instituting a suit, apply by petition to a principal civil court of original jurisdiction for its opinion, advice or direction on any present questions respecting the management or administration of the trustproperty other than questions of detail, difficulty or importance, not proper in the opinion of the court for summary disposal. a copy of such petition shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the court thinks fit. the trustee stating in good faith the facts in such petition and acting upon the opinion, advice or direction given by the court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee in the subjectmatter of the application. the costs of every application under this section shall be in the discretion of the court to which it is made.

section 27. of the indian trust act : where cotrustees jointly commit a breach of trust, or where one of them by his neglect enables the other to commit a breach of trust, each is liable to the beneficiary for the whole of the loss occasioned by such breach. contribution as between cotrustees. but as between the trustees themselves, if one be less guilty than another and has had to refund the loss, the former may compel the latter, or his legal representative to the extent of the assets he has received, to make good such loss and if all be equally guilty, any one or more of the trustees who has had to refund the loss may compel the others to contribute. nothing in this section shall be deemed to authorise a trustee who has been guilty of fraud to institute a suit to compel contribution.

section 29. of the indian trust act : when the beneficiarys interest is forfeited or awarded by legal adjudication 1to the government, the trustee is bound to hold the trustproperty to the extent of such interest for the benefit of such person in such manner as 2the state government may direct in this behalf. 1 the words to government successively amended by the a.o. and the a.o. , to read as above. 2. subs. by the a.o. , for the government.

section 35. of the indian trust act : when the duties of a trustee, as such, are completed, he is entitled to have the accounts of his administration of the trustproperty examined and settled and, where nothing is due to the beneficiary under the trust, to an acknowledgment in writing to that effect.

section 36. of the indian trust act : in addition to the powers expressly conferred by this act and by the instrument of trust, and subject to the restrictions, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realisation, protection or benefit of the trustproperty, and for the protection or support of a beneficiary who is not competent to contract. 1 except with the permission of a principal civil court of original jurisdiction, no trustee shall lease trustproperty for a term exceeding twentyone years from the date of executing the lease, nor without reserving the best yearly rent that can be reasonably obtained. 1 second paragraph rep. by act 12 of , s. 2 and the first schedule.

section 31. of the indian trust act : a trustee is entitled to have in his possession the instrument of trust and all the documents of title if any relating solely to the trustproperty

section 30. of the indian trust act : subject to the provisions of the instrument of trust and of sections 23 and 26, trustees shall be respectively chargeable only for such moneys, stocks, funds and securities as they respectively actually receive, and shall not be answerable the one for the other of them, nor for any banker, broker or other person in whose hands any trust property may be placed, nor for the insufficiency or deficiency of any stocks, funds or securities, nor otherwise for involuntary losses.

section 33. of the indian trust act : a person other than a trustee who has gained an advantage from a breach of trust must indemnify the trustee to the extent of the amount actually received by such person under the breach and where he is a beneficiary the trustee has a charge on his interest for such amount. nothing in this section shall be deemed to entitle a trustee to be indemnified who has, in committing the breach of trust, been guilty of fraud.

section 40. of the indian trust act : a trustee may, at his discretion, call in any trustproperty invested in any security and invest the same on any of the securities mentioned or referred to in section 20, and from time to time vary any such investments for others of the same nature: provided that, where there is a person competent to contract and entitled at the time to receive the income of the trustproperty for his life, or for any greater estate, no such change of investment shall be made without his consent in writing.

section 37. of the indian trust act : where the trustee is empowered to sell any trustproperty, he may sell the same subject to prior charges or not, and either together or in lots, by public auction or private contract, and either at one time or at several times, unless the instrument of trust otherwise direc ts.

section 44. of the indian trust act : when an authority to deal with the trustproperty is given to several trustees and one of them disclaims or dies, the authority may be exercised by the continuing trustees, unless from the terms of the instrument of trust it is apparent that the authority is to be exercised by a number in excess of the number of the remaining trustees.

section 38. of the indian trust act : the trustee making any such sale may insert such reasonable stipulations either as to title or evidence of title, or otherwise, in any conditions of sale or contract for sale, as he thinks fit and may also buyin the property or any part thereof at any sale by auction, and rescind or vary any contract for sale, and resell the property so bought in, or as to which the contract is so rescinded, without being responsible to the beneficiary for any loss occasioned thereby. time allowed for selling trustproperty. where a trustee is directed to sell trustproperty or to invest trustmoney in the purchase of property, he may exercise a reasonable discretion as to the time of effecting the sale or purchase. illustrations a a bequeaths property to b, directing him to sell it with all convenient speed and pay the proceeds to c. this does not render an immediate sale imperative. b a bequeaths property to b, directing him to sell it at such time and in such manner as he shall think fit and invest the proceeds for the benefit of c. this does not authorise b, as between him and c, to postpone the sale to an indefinite period.

section 39. of the indian trust act : for the purpose of completing any such sale, the trustee shall have power to convey or otherwise dispose of the property sold in such manner as may be necessary.

section 41., for their maintenance, etc. of the indian trust act : where any property is held by a trustee in trust for a minor, such trustee may, at his discretion, pay to the guardians if any of such minor, or otherwise apply for or towards his maintenance or education or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the whole or any part of the income to which he may be entitled in respect of such property and such trustee shall accumulate all the residue of such income by way of compound interest, by investing the same and the resulting income thereof from time to time in any of the securities mentioned or referred to in section 20, for the benefit of the person who shall ultimately become entitled to the property from which such accumulations have arisen: provided that such trustee may, at any time, if he thinks fit, apply the whole or any part of such accumulations as if the same were part of the income arising in the then current year. where the income of the trustproperty is insufficient for the minors maintenance or education or advancement in life, or the reasonable expenses of his religious worship, marriage or funeral, the trustee may, with the permission of a principal civil court of original jurisdiction, but not otherwise, apply the whole or any part of such property for or towards such maintenance, education, advancement or expenses. nothing in this section shall be deemed to affect the provisions of any local law for the time being in force relating to the persons and property of minors.

section 45. of the indian trust act : where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except in conformity with such decree, or with the sanction of the court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate court.

section 47. of the indian trust act : a trustee cannot delegate his office or any of his duties either to a cotrustee or to a stranger, unless a the instrument of trust so provides, or b the delegation is in the regular course of business, or c the delegation is necessary, or d the beneficiary, being competent to contract, consents to the delegation. explanation. the appointment of an attorney or proxy to do an act merely ministerial and involving no independent discretion is not a delegation within the meaning of this section. illustrations a a bequeaths certain property to b and c on certain trusts to be executed by them or the survivor of them or the assigns of such survivor. b dies. c may bequeath the trustproperty to d and e upon the trusts of as will. b a is a trustee of certain property with power to sell the same. a may employ an auctioneer to effect the sale. c a bequeaths to b fifty houses let at monthly rents in trust to collect the rents and pay them to c. b may employ a proper person to collect these rents.

section 43. of the indian trust act : two or more trustees acting together may, if and as they think fit a accept any composition or any security for any debt or for any property claimed b allow any time for payment of any debt c compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account, claim or thing whatever relating to the trust and d for any of those purposes, enter into, give, execute and do such agreements, instruments of composition or arrangement, releases and other things as to them seem expedient, without being responsible for any loss occasioned by any act or thing so done by them in good faith. the powers conferred by this section on two or more trustees acting together may be exercised by a sole acting trustee when by the instrument of trust, if any, a sole trustee is authorized to execute the trusts and powers thereof. this section applies only if and as far as a contrary intention is not expressed in the instrument of trust, if any, and shall have effect subject to the terms of that instrument and to the provisions therein contained. this section applies only to trusts created after this act comes into force.

section 42. of the indian trust act : any trustees or trustee may give a receipt in writing for any money, securities or other moveable property payable, transferable or deliverable to them or him by reason, or in the exercise, of any trust or power and, in the absence of fraud, such receipt shall discharge the person paying, transferring or delivering the same therefrom, and from seeing to the application thereof, or being accountable for any loss or misapplication thereof.

section 46. of the indian trust act : a trustee who has accepted the trust cannot afterwards renounce it except a with the permission of a principal civil court of original jurisdiction, or b if the beneficiary is competent to contract, with his consent, or c by virtue of a special power in the instrument of trust.

section 51. of the indian trust act : a trustee may not use or deal with the trustproperty for his own profit or for any other purpose unconnected with the trust.

section 54. of the indian trust act : a trustee or cotrustee whose duty it is to invest trustmoney on mortgage or personal security must not invest it on a mortgage by, or on the personal security of, himself or one of his co trustees.

section 48. of the indian trust act : when there are more trustees than one, all must join in the execution of the trust, except where the instrument of trust otherwise provides.

section 49. of the indian trust act : where a discretionary power conferred on a trustee is not exercised reasonably and in good faith, such power may be controlled by a principal civil court of original jurisdiction.

section 56. of the indian trust act : the beneficiary is entitled to have the intention of the author of the trust specifically executed to the extent of the beneficiary s interest right to transfer of possession. and, where there is only one beneficiary and he is competent to contract, or where there are several beneficiaries and they are competent to contract and all of one mind, he or they may require the trustee to transfer the trust property to him or them, or to such person as he or they may direct. when property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in the second clause of this section applies to such property during her marriage. illustrations certain government securities are given to trustees upon trust to accumulate the interest until a attains the age of 24, and then to transfer the gross amount to him. a on attaining majority may, as the person exclusively interested in the trustproperty, require the trustees to transfer it immediately to him. a bequeaths rs.10,000 to trustees upon trust to purchase an annuity for b, who has attained his majority and is otherwise competent to contract. b may claim the rs. 10,000. a transfers certain property to b and directs him to sell or invest it for the benefit of c, who is competent to contract. c may elect to take the property in its original character

section 50. of the indian trust act : in the absence of express directions to the contrary contained in the instrument of trust or of a contract to the contrary entered into with the beneficiary or the court at the time of accepting the trust, a trustee has no right to remuneration for his trouble, skill and loss of time in executing the trust. nothing in this section applies to any official trustee, administrator general, public curator, or person holding a certificate of administration.

section 52. of the indian trust act : no trustee whose duty it is to sell trustproperty, and no agent employed by such trustee for the purpose of the sale, may, directly or indirectly, buy the same or any interest therein, on his own account or as agent for a third person.

section 61. of the indian trust act : the beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. illustrations a a contracts with b to pay him monthly rs.100 for the benefit of c. b writes and signs a letter declaring that he will hold in trust for c the money so to be paid. a fails to pay the money in accordance with his contract. c may compel b on a proper indemnity to allow c to sue on the contract in bs name. b a is trustee of certain land, with a power to sell the same and pay the proceeds to b and c equally. a is about to make an improvident sale of the land. b may sue on behalf of himself and c for an injunction to restrain a from making the sale.

section 53. of the indian trust act : no trustee, and no person who has recently ceased to be a trustee, may, without the permission of a principal civil court of original jurisdiction, buy or become mortgagee or lessee of the trustproperty or any part thereof and such permission shall not be given unless the proposed purchase, mortgage or lease is manifestly for the advantage of the beneficiary. trustee for purchase. and no trustee whose duty it is to buy or to obtain a mortgage or lease of particular property for the beneficiary may buy it, or any part the reof, or obtain a mortgage or lease of it, or any part thereof, for himself.

section 55. of the indian trust act : the beneficiary has, subject to the provisions of the instrument of trust, a right to the rents and profits of the trustproperty.

section 57. of the indian trust act : the beneficiary has a right, as against the trustee and all persons claiming under him with notice of the trust, to inspect and take copies of the instrument of trust, the documents of title r elating solely to the trustproperty, the accounts of the trustproperty and the vouchers if any by which they are supported, and the cases submitted and opinions taken by the trustee for his guidance in the discharge of his duty.

section 58. of the indian trust act : the beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time being in force as to the circumstances and extent in and to which he may dispose of such interest: provided that when property is transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section shall authorise her to transfer such interest during her marriage.

section 62. of the indian trust act : where a trustee has wrongfully bought trustproperty, the beneficiary has a right to have the property declared subject to the trust or retransferred by the trustee, if it remains in his hands unsold, or, if it has been bought from him by any person with notice of the trust, by such person. but in such case the beneficiary must repay the purchase money paid by the trustee, with interest, and such other expenses if any as he has properly incurred in the preservation of the property and the trustee or purchaser must a account for the net profits of the property, b be charged with an occupationrent, if he has been in actual possession of the property, and c allow the beneficiary to deduct a proportionate part of the purchasemoney if the property has been deteriorated by the acts or omissions of the trustee or purchaser. nothing in this section a impairs the rights of lessees and others who, before the institution of a suit to have the property declared subject to the trust or retransferred, have contracted in good faith with the trustee or purchaser or b entitles the beneficiary to have the property declared subject to the trust or retransferred where he, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, ratified the sale to the trustee with full knowledge of the facts of the case and of his rights as against the trustee.

section 65. of the indian trust act : where a trustee wrongfully sells or otherwise transfers trustproperty and afterwards himself becomes the owner of the property, the property again becomes subject to the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration.

section 59. of the indian trust act : where no trustees are appointed or all the trustees die, disclaim or are discharged, or where for any other reason the execution of a trust by the trustee is or becomes impracticable, the beneficiary may institute a suit for the execution of the trust, and the trust shall, so far as may be possible, be executed by the court until the appointment of a trustee or new trustee.

section 60. of the indian trust act : the beneficiary has a right subject to the provisions of the instrument of trust that the trustproperty shall be properly protected and held and administered by proper persons and by a proper number of such persons. explanation i. the following are not proper persons within the meaning of this section: a person domiciled abroad: an alien enemy: a person having an interest inconsistent with that of the beneficiary: a person in insolvent circumstances and, unless the personal law of the beneficiary allows otherwise, a married woman and a minor. explanation ii.when the administration of the trust involves the receipt and custody of money, the number of trustees should be two at least. illustrations a a, one of several beneficiaries, proves that b, the trustee, has improperly disposed of part of the trustproperty, or that the property is in danger from bs being in insolvent circumstances, or that he is incapacitated from acting as trustee. a may obtain a receiver of the trustproperty. b a bequeaths certain jewels to b in trust for c. b dies during as lifetime then a dies. c is entitled to have the property conveyed to a trustee for him. c a conveys certain property to four trustees in trust for b. three of the trustees die. b may institute a suit to have three new trustees appointed in the place of the deceased trustees. d a conveys certain property to three trustees in trust for b. all the trustees disclaim. b may institute a suit to have three trustees appointed in place of the trustees so disclaiming. e a, a trustee for b, refuses to act, or goes to reside permanently out of 1 india, or is declared an insolvent, or compounds with his creditors, or suffers a cotrustee to commit a breach of trust. b may institute a suit to have a removed and a new trustee appointed in his room. 1 subs. by the a.o. , for the provinces.

section 68. of the indian trust act : where one of several beneficiaries a joins in committing breach of trust, or b knowingly obtains any advantage therefrom, without the consent of the other beneficiaries, or c becomes aware of a breach of trust committed or intended to be committed, and either actually conceals it, or does not within a reasonable time take proper steps to protect the interests of the other beneficiaries, or d has deceived the trustee and thereby induced him to commit a breach of trust, the other beneficiaries are entitled to have all his beneficial interest impounded as against him and all who claim under him otherwise than as transferees for consideration without notice of the breach until the loss caused by the breach has been compensated. when property has been transferred or bequeathed for the benefit of a married woman, so that she shall not have power to deprive herself of her beneficial interest, nothing in this section applies to such property during her marriage.

section 63. of the indian trust act : where trustproperty comes into the hands of a third person inconsistently with the trust, the beneficiary may require him to admit formally, or may institute a suit for a declaration, that the property is comprised in the trust. into that into which it has been converted. where the trustee has disposed of trustproperty and the money or other property which he has received therefor can be traced in his hands, or the hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as nearly as may be the same as his rights in respect of the original trustproperty. illustrations a a, a trustee for b of rs. 10,000, wrongfully invests the rs. 10,000 in the purchase of certain land. b is entitled to the land. b a, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money subject to a trust for b. b is entitled to a charge on the land for the amount of the trustmoney so misemployed.

section 64. of the indian trust act : nothing in section 63 entitles the beneficiary to any right in respect of property in the hands of a a transferee in good faith for consideration without having notice of the trust, either when the purchasemoney was paid, or when the conveyance was executed, or b a transferee for consideration from such a transferee. a judgmentcreditor of the trustee attaching and purchasing trustproperty is not a transferee for consideration within the meaning of this section. nothing in section 63 applies to money, currency notes and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the indian contract act, 9 of , section 108, or the liability of a person to whom a debt or charge is transferred.

section 71. of the indian trust act : a trustee may be discharged from his office only as follows: a by the extinction of the trust b by the completion of his duties under the trust c by such means as may be prescribed by the instrument of trust d by appointment under this act of a new trustee in his place e by consent of himself and the beneficiary, or, where there are more beneficiaries than one, all the beneficiaries being competent to contract or f by the court to which a petition for his discharge is presented under this act.

section 67. of the indian trust act : if a partner, being a trustee, wrongfully employs trustproperty in the business or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. the partners having such notice are jointly and severally liable for the breach of trust. illustrations a a and b are partners. a dies, having bequeathed all his property to b in trust for z, and appointed b his sole executor. b, instead of winding up the affairs of the partnership, retains all the assets in the business. z may compel him, as partner, to account for so much of the profits as are derived from as share of the capital. b is also answerable to z for the improper employment of as assets. b a, a trader, bequeaths his property to b in trust for c, appoints b his sole executor, and dies. b enters into partnership with x and y in the same trade, and employs as assets in the partnershipbusiness. b gives an indemnity to x and y against the claims of c. here x and y are jointly liable with b to c as having knowingly become parties to the breach of trust committed by b.

section 66. of the indian trust act : where the trustee wrongfully mingles the trustproperty with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him.

section 73. of the indian trust act : whenever any person appointed a trustee disclaims, or any trustee, either original or substituted, dies, or is for a continuous period of six months absent from 1india, or leaves 1india for the purpose of residing abroad, or is declared an insolvent, or desires to be discharged from the trust, or refuses or becomes, in the opinion of a principal civil court of original jurisdiction, unfit or personally incapable to act in the trust, or accepts an inconsistent trust, a new trustee may be appointed in his place by a the person nominated for that purpose by the instrument of trust if any, or b if there be no such person, or no such person able and willing to act, the author of the trust if he be alive and competent to contract, or the surviving or continuing trustees or trustee for the time being, or legal representative of the last surviving and continuing trustee, or with the consent of the court the retiring trustees, if they all retire simultaneously, or with the like consent the last retiring trustee. every such appointment shall be by writing under the hand of the person making it. on an appointment of a new trustee the number of trustees may be increased. the official trustee may, with his consent and by the order of the court, be appointed under this section, in any case in which only one trustee is to be appointed and such trustee is to be the sole trustee. the provisions of this section relative to a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee if willing to act in the execution of the power. 1 subs. by the a.o. , for the provinces.

section 69. of the indian trust act : every person to whom a beneficiary transfers his interest has the rights, and is subject to the liabilities, of the beneficiary in respect of such interest at the date of the transfer.

section 75. of the indian trust act : whenever any new trustee is appointed under section 73 or section 74, all the trustproperty for the time being vested in the surviving or continuing trustees or trustee, or in the legal representative of any trustee, shall become vested in such new trustee, either solely or jointly with the surviving or continuing trustees or trustee, as the case may require. powers of new trustees. every new trustee so appointed, and every trustee appointed by a court either before or after the passing of this act, shall have the same powers, authorities and discretions, and shall in all respects act, as if he had been originally nominated a trustee by the author of the trust.

section 70. of the indian trust act : the office of a trustee is vacated by his death or by his discharge from his office

section 72. of the indian trust act : notwithstanding the provisions of section 11, every trustee may apply by petition to a principal civil court of original jurisdiction to be discharged from his office and if the court finds that there is sufficient reason for such discharge, it may discharge him accordingly, and direct his costs to be paid out of the trustproperty. but where there is no such reason, the court shall not discharge him, unless a proper person can be found to take his place

section 74. of the indian trust act : whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under section 73, the beneficiary may, without instituting a suit, apply by petition to a principal civil court of original jurisdiction for the appointment of a trustee or a new trustee, and the court may appoint a trustee or a new trustee accordingly. rule for selecting new trustees. in appointing new trustees, the court shall have regard a to the wishes of the author of the trust as expressed in or to be inferred from the instrument of trust b to the wishes of the person, if any, empowered to appoint new trustees c to the question whether the appointment will promote or impede the execution of the trust and d where there are more beneficiaries than one, to the interests of all such beneficiaries.

section 76. of the indian trust act : on the death or discharge of one of several cotrustees, the trust survives and the trustproperty passes to the others, unless the instrument of trust expressly declares otherwise.

section 82.. of the indian trust act : transfer to one for consideration paid by another. rep. by s. 7, ibid. w.e.f. .

section 77. of the indian trust act : a trust is extinguished a when its purpose is completely fulfilled or b when its purpose becomes unlawful or c when the fulfilment of its purpose becomes impossible by destruction of the trustproperty or otherwise or d when the trust, being revocable, is expressly revoked.

section 83. of the indian trust act : where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trustproperty, the trustee, in the absence of a direction to the contrary, must hold the trustproperty, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative. illustrations a a conveys certain land to b upon trust, and no trust is declared or upon trust to be thereafter declared, and no such declaration is ever made or upon trusts that are too vague to be executed or upon trusts that become incapable of taking effect or in trust for c, and c renounces his interest under the trust. in each of these cases b holds the land for the benefit of a. b a transfers rs. 10,000 in the four per cents. to b, in trust to pay the interest annually accruing due to c for her life. a dies. then c dies. b holds the fund for the benefit of as legal representative. c a conveys land to b upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. b sells the land, but the charitable purposes wholly fail, and the maintenance of the worship does not exhaust the second moiety of the pro ceeds. b holds the first moiety and the part unapplied of the second moiety for the benefit of a or his legal representative. d a bequeaths rs. 10,000 to b, to be laid out in buying land to be conveyed for purposes which either wholly or partially fail to take effect. b holds for the benefit of as legal representative the undisposed of interest in the money or land if purchased.

section 80. of the indian trust act : an obligation in the nature of a trust is created in the following cases.

section 78. of the indian trust act : a trust created by will may be revoked at the pleasure of the testator. a trust otherwise created can be revoked only a where all the beneficiaries are competent to contractby their consent b where the trust has been declared by a nontestamentary instrument or by word of mouthin exercise of a power of revocation expressly reserved to the author of the trust or c where the trust is for the payment of the debts of the author of the trust, and has not been communicated to the creditorsat the pleasure of the author of the trust. illustration a conveys property to b in trust to sell the same and pay out of the proceeds the claims of as creditors. a reserves no power of revocation. if no communication has been made to the creditors, a may revoke the trust. but if the creditors are parties to the arrangement, the trust cannot be revoked without their consent.

section 81.. of the indian trust act : where is does not appear that transferor intended to dispose of beneficial interest. rep. by the benami transactions prohibition act, 45 of , s. 7 w.e.f. .

section 79. of the indian trust act : no trust can be revoked by the author of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.

section 88. of the indian trust act : where a trustee, executor, partner, agent, director of a company, legal advisor, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained. illustrations a a, an executor, buys at an undervalue from b, a legatee, his claim under the will. b is ignorant of the value of the bequest. a must hold for the benefit of b the difference between the price and value. b a, a trustee, uses the trustproperty for the purpose of his own business. a holds for the benefit of his beneficiary the profits arising from such user. c a, a trustee, retires from his trust in consideration of his successor paying him a sum of money. a holds such money for the benefit of his beneficiary. d a, a partner, buys land in his own name with funds belonging to the partnership. a holds such land for the benefit of the partnership. e a, a partner, employed on behalf of himself and his copartners in negotiating the terms of a lease, clandestinely stipulates with the lessor for payment to himself of a lakh of rupees. a holds the lakh for the benefit of the partnership. f a and b are partners. a dies. b, instead of winding up the affairs of the partnership, retains all the assets in the business. b must account to as legal representative for the profits arising from as share of the capital. g a, an agent employed to obtain a lease for b, obtains the lease for himself. a holds the lease for the benefit of b. h a, a guardian, buys up for himself incumbrances on his ward bs estate at an undervalue. a holds for the benefit of b the incumbrances so bought, and can only charge him with what he has actually paid.

section 84. of the indian trust act : where the owner of property transfers it to another for an illegal purpose and such purpose is not carried into execution, or the transferor is not as guilty as the transferee, or the effect of permitting the transferee to retain the property might be to defeat the provisions of any law, the transferee must hold the property for the benefit of the transferor.

section 91.property acquired with notice of existing contract of the indian trust act : where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.

section 86. of the indian trust act : where property is transferred in pursuance of a contract which is liable to rescission or induced by fraud or mistake, the transferee must, on receiving notice to that effect, hold the property for the benefit of the transferor, subject to repayment by the latter of the consideration actually paid.

section 85. of the indian trust act : where a testator bequeaths certain property upon trust and the purpose of the trust appears on the face of the will to be unlawful, or during the testators lifetime the legatee agrees with him to apply the property for an unlawful purpose, the legatee must hold the property for the benefit of the testators legal representative. bequest of which revocation is prevented by coercion. where property is bequeathed and the revocation of the bequest is prevented by coercion, the legatee must hold the property for the benefit of the testators legal representative.

section 92. of the indian trust act : where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract.

section 87. of the indian trust act : where a debtor becomes the executor or other legal representative of his creditor, he must hold the debt for the benefit of the persons interested therein.

section 89. of the indian trust act : where, by the exercise of undue influence, any advantage is gained in derogation of the interests of another, the person gaining such advantage without consideration, or with notice that such influence has been exercised, must hold the advantage for the benefit of the person whose interests have been so prejudiced.

section 90. of the indian trust act : where a tenant for life, coowner, mortgagee or other qualified owner of any property, by availing himself of his position as such, gains an advantage in derogation of the rights of the other persons interested in the property, or where any such owner, as representing all persons interested in such property, gains any advantage, he must hold, for the benefit of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. illustrations a a, the tenant for life of leasehold property, renews the lease in his own name and for his own benefit. a holds the renewed lease for the benefit of all those interested in the old lease. b a village belongs to a hindu family. a, one of its members, pays nazrana to government and thereby procures his name to be entered as the inamdar of the village. a holds the village for the benefit of himself and the other members. c a mortgages land to b, who enters into possession. b allows the government revenue to fall into arrear with a view to the land being put up for sale and his becoming himself the purchaser of it. the land is accordingly sold to b. subject to the repayment of the amount due on the mortgage and of his expenses properly incurred as mortgagee, b holds the land for the benefit of a.

section 93. of the indian trust act : where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his cocreditors, he must hold for the benefit of such creditors the advantage so gained.

section 96. of the indian trust act : nothing contained in this chapter shall impair the rights of transferees in good faith for consideration, or create an obligation in evasion of any law for the time being in force.

section 94. of the indian trust act : constructive trusts in cases not expressly provided for. rep. by the benami transactions prohibition act, 45 of , s. 7 w.e.f. .

section 95. of the indian trust act : the person holding property in accordance with any of the preceding sections of this chapter must, so far as may be, perform the same duties, and is subject, so far as may be, to the same liabilities and disabilities, as if he were a trustee of the property for the person for whose benefit he holds it: provided that a where he rightfully cultivates the property or employs it in trade or business, he is entitled to reasonable remuneration for his trouble, skill and loss of time in such cultivation or employment and b where he holds the property by virtue of a contract with the person for whose benefit he holds it, or with any one through whom such person claims, he may, without the permission of the court, buy or become lessee or mortgagee of the property or any part thereof.

section 8. of the high denomination bank notes demonetisation act : 1 notwithstanding anything contained in section 7, any person who fails to apply for exchange of any high denomination bank notes within the time provided in that section may tender the notes together with the declaration required under that section to the reserve bank at any of the places specified in clause a of subsection 2 of that section, not later than the 24th day of january, together with a statement explaining the reasons for his failure to apply within the said time limit: provided that if such person resides in a place not within convenient reach of the suboffice, office or branch of the reserve bank at any of the said places or if, by reason of age, infirmity or illness, he is unable to attend thereat, he may forward the high denomination bank notes he desires to exchange together with three copies of the declaration required under section 7 by insured post to the reserve bank at bombay not later than the 24th day of january, , along with a statement explaining the reasons for his failure to apply within the time specified in section 7. 2 the reserve bank may, if satisfied after making such inquiries as it may consider necessary that the reasons for the failure to submit the notes for exchange within the time provided in section 7 are genuine, pay the value of the notes in the manner specified in subsection 4 of that section. 3 any person aggrieved by the refusal of the reserve bank to pay the value of the notes under subsection 2 may prefer an appeal to the central government within fourteen days of the communication of such refusal to him.

section 1. of the high denomination bank notes demonetisation act : 1 this act may be called the high denomination bank notes demonetisation act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 16th day of january, .

section 7. of the high denomination bank notes demonetisation act : 1 notwithstanding anything to the contrary contained in the reserve bank of india act, 2 of , any high denomination bank note owned by a person other than a bank or government treasury may be exchanged after the 16th day of january, , only on tender of the note a where the high denomination bank note is owned by an individual, by the individual himself or where the individual. is absent from india, by the individual concerned or some person duly authorised by him in this behalf or where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf b where the high denomination bank note is owned by a hindu undivided family, by the karta, and, where the karta is absent from india or is mentally incapacitated from attending to his affairs, by any other adult member of his family c where the high denomination bank note is owned by a company, by the managing director thereof, or, where for any unavoidable reason such managing director is not able to tender the note, or where there is no managing director, by any director thereof d where the high denomination bank note forms part of the assets of a firm, by the managing partner thereof, or, where for any unavoidable reason such partner is not able to tender the note, or where there is no managing partner as such, by any partner thereof not being a minor e where the high denomination bank note is owned by any other association of persons, by any member of the association or the principal officer thereof and f where the high denomination bank note is owned by any other person, by that person or by some person competent to act on his behalf and within the time and in the manner provided in this section. 2 every person desiring to tender for exchange a high denomination bank note under this section shall prepare in the form set out in the schedule three copies of a declaration signed by him giving in full the particulars required by that form and shall, not later than the 19th day of january, , deliver such copies in person together with the high denomination bank notes he desires to exchange a to either of the offices of the reserve bank at bombay or to the suboffice, office or branch, as the case may be, of that bank at ahmedabad, bangalore, bhubaneshwar, calcutta, gauhati, hyderabad, jaipur, kanpur, madras, nagpur, new delhi and patna or b to the main office or branch of the state bank at the headquarters of a district or c to any other office of a public sector bank notified in this behalf by the reserve bank: provided that if such person resides in a place not within convenient reach of any such office or branch, or if, by reason of age, infirmity or illness he is unable to attend thereat, he may forward the high denomination bank notes he desires to exchange together with three copies of the declaration in respect thereof by insured post to the reserve bank at bombay not later than the 19th day of january, . 3 every declaration under this section shall, for the purpose of identifying the person making it, be attested by the manager or other person in charge of the bank, if any, with which he maintains an account, or by a salaried magistrate or a justice of the peace or a police officer not below the rank of an inspector of police. 4 unless it appears that the declaration has not been complete in all material particulars, the reserve bank, the state bank or any bank notified under clause c of subsection 2, as the case may be, to which an application for exchange of high denomination bank notes is made under this section, shall pay the exchange value of the said notes for credit to a properly introduced account of the owner or the declarant, as the case may be, with any scheduled bank: provided that if the owner or declarant, as the case may be, does not have a bank account, the exchange value of the said notes shall be paid only on proper identification and until payment is so made, the amount shall remain in the custody of the reserve bank or the bank, as the case may be, to which the high denomination bank notes were tendered. 5 where it appears that the declaration has not been completed in all material particulars, the reserve bank, the state bank or the notified bank, as the case may be, to which such application as aforesaid is made shall, unless the declarant is able to supply the omission without delay, refuse to accept and pay for the bank notes to which the declaration relates, and where it does so refuse, shall return one copy of the declaration to the declarant after entering therein the date on which it is presented and shall refer the matter to the central government to which it shall forward a copy of the declaration with a brief statement of the reasons for refusing to pay for the bank notes. 6 the central government may require any declarant referred to in subsection 5 to amplify his declaration to such extent and in respect of such particulars as it thinks fit and may, unless the declarant is able to fully comply with such requirement, refuse, for reasons to be recorded in writing, to sanction the exchange of the high denomination bank notes to which the declaration relates. 7 the central government or any person or authority authorised by it in this behalf may, by order in writing and for reasons to be recorded therein, extend in any case or class of cases the period during which high denomination bank notes may be tendered for exchange under this section.

section 2. of the high denomination bank notes demonetisation act : in this act, unless the context otherwise requires, a bank means i a banking company as defined in clause c of section 5 of the banking regulation act, 10 of ii the state bank of india constituted under the state bank of india act, 23 of iii a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of iv a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of v a regional rural bank established under subsection 1 of section 3 of the regional rural banks act, 21 of vi a cooperative bank as defined in section 2 of the reserve bank of india act, 2 of and includes every branch thereof b bank notes means the bank notes issued by the reserve bank of india under section 22 of the reserve bank of india act, 2 of cdistinctive number in relation to a high denomination bank note means the number including the alphabetical and numerical prefixes appearing on the face of the note d high denomination bank note means a bank note of the denominational value of one thousand rupees, five thousand rupees or ten thousand rupees, 1 issued by the reserve bank immediately before the commencement of this act e public sector bank means a bank referred to in subclause ii, iii or iv of clause a f reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of g scheduled bank means a public sector bank or any other bank, being a bank included in the second schedule to the reserve bank of india act, 2 of h state bank means the state bank of india constituted under the state bank of india act, 23 of . 1. subs. by act 3 of , s. 2, for issued by the reserve bank w.e.f. .

section 4. of the high denomination bank notes demonetisation act : save as provided by or under this act, no person shall, after the 16th day of january, , transfer to the possession of another person or receive into his possession from another person any high denomination banknote.

section 9. of the high denomination bank notes demonetisation act : 1 all banks and government treasuries shall be closed on the 17th day of january, for the transaction of all business except the preparation and presentation or, as the case may be, receipt of the returns referred to in section 5. 2 subject to the provisions of subsection 1, the 17th day of january, shall, for the purposes of the negotiable instruments act, 26 of , be deemed to be a public holiday notified under that act.

section 6. of the high denomination bank notes demonetisation act : 1 a bank other than a public sector bank may obtain from the reserve bank or a public sector bank an equivalent amount in exchange for the high denomination bank notes declared by it in the return referred to in section 5 by credit to an account maintained with the reserve bank or a public sector bank or in bank notes. 2 a public sector bank may obtain from the reserve bank an equivalent amount in exchange for the high denomination bank notes declared by it in the return referred to in section 5 or the high denomination bank notes received by it in exchange under subsection 1 by credit to an account with the reserve bank or in bank notes. 3 a government treasury may obtain from the reserve bank an equivalent amount in exchange for the high denomination bank notes declared by it in the return referred to in section 5 in bank notes or by credit to government account. 4 notwithstanding anything contained in subsections 1, 2 and 3, where the return referred to in section 5 is presented in the manner provided in the proviso to subsection 3 of that section, the exchange referred to in this section may be effected only by the reserve bank at bombay. 5 every application for the exchange of high denomination bank notes under this section shall be accompanied by the copy of the return received under subsection 4 of section 5 which contains the distinctive numbers of such bank notes.

section 3. of the high denomination bank notes demonetisation act : on the expiry of the 16th day of january, , all high denomination bank notes shall, notwithstanding anything contained in section 26 of the reserve bank of india act, 2 of , cease to be legal tender in payment or on account at any place.

section 5. of the high denomination bank notes demonetisation act : 1 every bank and government treasury shall prepare and send to the reserve bank in the manner provided in this section a return showing separately under each denominational value the total value of high denomination bank notes of that value held by it at the close of business on the 16th day of january, and distinctive numbers of high denomination bank notes of that value: provided that a bank or a government treasury in which the currency chest of the issue department of the reserve bank has been established shall also submit a separate return showing separately under each denominational value the total value of high denomination bank notes held in such currency chest at the close of business on the 16th day of january, and the distinctive numbers of high denomination bank notes of that value. 2 every such return shall be prepared and presented as provided in subsection 3 in triplicate and shall be signed by the manager of the bank or other person in charge of the bank or the government treasury. 3 every return under subsection 1 shall be presented for forwarding to the reserve bank to the manager of the suboffice, office or branch of the reserve bank at the places specified under subsection 2 of section 7, or to the district magistrate, or to the subdivisional magistrate or, if such manager or magistrate is not available, to the seniormost revenue or police officer available not later than 3.00 p.m. on the 17th day of january, : provided that if it is not feasible to present the return to any such person as aforesaid, it may be presented by handing two copies thereof not later than 3.00 p.m. on the 17th day of january, to a telegraph office, one copy for despatch by express telegram to the reserve bank at bombay at the expense of the bank or the government treasury, as the case may be, and the other copy for return to the person presenting it in the manner provided in subsection 4, and by despatching the third copy required by subsection 2 by registered post on the same day to the reserve bank at bombay. 4 the officer to whom the return is presented shall give back to the person presenting it one copy thereof under his signature and seal of office in acknowledgement of receipt on which shall also be recorded the time and date of receipt, and such officer shall without delay forward one copy of the return to the reserve bank at bombay. 5 the manager or other person in charge of every bank or government treasury shall, immediately after the preparation of the returns required to be submitted under this section, cause the high denomination bank notes mentioned therein to be kept in a separate receptacle and seal the same with his seal and of the officers having custody of such receptacle.

section 15. of the high denomination bank notes demonetisation act : 1 the high denomination bank notes demonetisation ordinance, 1 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 10. of the high denomination bank notes demonetisation act : 1 if any bank fails to prepare and present within the time and in the manner provided by section 5 any return referred to in that section, or presents any return under that section which is false in any material particular, the manager or other person in charge of the bank shall, unless he proves that the failure took place, or the false return was presented, without his knowledge or that he exercised all due diligence to prevent the same, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 2 whoever knowingly makes in any declaration under section 7 any statement which is false or only partially true or which he does not believe to be true or contravences any provision of this act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 3 an officer of a scheduled bank who makes payment out of the amount, being the exchange value of a high denomination bank note credited under subsection 4 of section 7 to an account maintained with such bank shall unless such account is an account which has been opened after proper introduction, be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

section 11. of the high denomination bank notes demonetisation act : 1 no prosecution for an offence punishable under this act shall be instituted except with the previous sanction of the central government. 2 notwithstanding anything in section 29 of the code of criminal procedure, 2 of , the court of a magistrate of the first class or the court of a metropolitan magistrate trying an offence punishable under this act may impose a fine exceeding five thousand rupees.

section 12. of the high denomination bank notes demonetisation act : no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government or against the reserve bank or any public sector bank or any officer of such bank for anything done or intended to be done in good faith under this act.

section 14. of the high denomination bank notes demonetisation act : 1 the central government may make rules for giving effect to the provisions of this act. 2in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the custody and disposal of high denomination bank notes tendered for exchange under this act and of the declarations in respect thereof b the time within which applications referred to in subsection 5 of section 6 may be made and c the time within which and the manner in which the state bank and public sector banks notified under clause c of subsection 2 of section 7 may claim reimbursement from the reserve bank of payments made by them in respect of high denomination bank notes accepted by them under that section. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 13. of the high denomination bank notes demonetisation act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by notification in the official gazette, make any order, not inconsistent with the provisions of this act, which appears to it to be necessary for the purpose of removing the difficulty: provided that every such order shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the damodar valley corporation act : 18. functions and duties of members.the functions and duties of members shall be such as may be prescribed. 1. subs. by s. 5, ibid., for section 8 w.e.f. .

section 1. of the damodar valley corporation act : show related subordinates 1 this act may be called the damodar valley corporation act, . 2 it extends to the states of bihar and west bengal. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 2nd april, , see gazette of india, part i.

section 2. of the damodar valley corporation act : show related subordinates in this act, unless there is anything repugnant in the subject or context, 1 corporation means the damodar valley corporation 2 damodar valley includes the basin of the damodar river and its tributaries 3 member means a member of the corporation and includes the chairman 4 participating governments means the central government, the state government of bihar and the state government of west bengal 5 prescribed means prescribed by rules made under section 59 6 state government means the government of bihar or as the case may be of west bengal, and state government means the governments of bihar and west bengal 7 regulations means the regulations made by the corporation under section 60.

section 7. of the damodar valley corporation act : the pay and other conditions of service of the officers and servants of the corporation shall 1 b as respects the other officers and servants, be such as may be determined by regulations. 1. clause a omitted by s. 4, ibid. w.e.f. .

section 9. of the damodar valley corporation act : no person who has directly or indirectly, by himself or his partner or agent, any share or interest in any contract, by or on behalf of the corporation, or in any employment under, by or on behalf of the corporation otherwise than as an officer or servant thereof, shall become or remain an officer or servant of the corporation.

section 4. of the damodar valley corporation act : show related subordinates 11 the corporation shall consist of a a chairman b a member technical and a member finance c one representative from the central government d two representatives one each from the state government of jharkhand and west bengal e three independent experts one each from the field of irrigation, water supply and generation or transmission or distribution of electricity and f a membersecretary. 1a the chairman and members under clauses a, b, d and f of subsection 1 shall be appointed by the central government in consultation with the state governments concerned while the members under clauses c and e shall be appointed by the central government, by notification in the official gazette. 1b the chairman and members under clauses a, b and f of subsection 1 shall be wholetime while the members under clauses c, d and e shall be parttime. 1c the chairman shall be the chief executive officer of the corporation. 1d without prejudice to the provisions contained in subsection 1c, the membersecretary shall be in charge of general administration and business development of the corporation. 2 a person shall be disqualified for being appointed, or for continuing as, a member of the corporation a if he is a member of 2parliament or any state legislature or b if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done for, the corporation except as a shareholder other than a director in an incorporated company provided that where he is a shareholder, he shall disclose to the government the nature and extent of shares held by him in such company. 3 no act or proceeding of the corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the appointment of a member thereof. 1. subs. by act 1 of , s. 2, for subsection 1 w.e.f. . 2. subs. by the a.o. , for the central.

section 10. of the damodar valley corporation act : subject to any rules made under section 59 the corporation may from time to time appoint one or more advisory committees for the purpose of securing the efficient discharge of the functions of the corporation, and in particular for the purpose of securing that those functions are exercised with due regard to the circumstances and requirements of particular local areas.

section 5. of the damodar valley corporation act : 1 2 the remuneration and other conditions of service of the members shall be such as may be prescribed. 1. subsection 1 omitted by act 59 of , s. 2.

section 11. of the damodar valley corporation act : 1 the central government shall, by notification in the official gazette, specify the limits of the damodar valley. 2 the corporation shall carry out all or any of its functions and exercise all or any of its powers within the damodar valley. 3 the central government may, after consultation with the state governments by notification in the official gazette, direct that the corporation shall carry out such function and exercise such power in such other area as may be specified therein and the area so specified shall be called the area of operation of the corporation.

section 3. of the damodar valley corporation act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established a corporation by the name of the damodar valley corporation. 2 the said corporation shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.

section 12. of the damodar valley corporation act : the functions of the corporation shall be a the promotion and operation of schemes for irrigation, watersupply and drainage, b the promotion and operation of schemes for the generation, transmission and distribution of electrical energy, both hydroelectric and thermal, c the promotion and operation of schemes for flood control in the damodar river and its tributaries and the channels, if any, excavated by the corporation in connection with the scheme and for the improvement of flow conditions in the hooghly river, d the promotion and control of navigation in the damodar river and its tributaries and channels, if any, e the promotion of afforestation and control of soil erosion in the damodar valley, and f the promotion of public health and the agricultural, industrial, economic and general wellbeing in the damodar valley and its area of operation.

section 6. of the damodar valley corporation act : 1 2 the remuneration and other conditions of service of the members shall be such as may be prescribed. 1. subssections 1 and 2 omitted by act 1 of , s. 3 w.e.f. .

section 14. of the damodar valley corporation act : 1 the corporation may, after consultation with the state government concerned, determine and levy rates for the bulk supply of water to that government for irrigation, and fix the minimum quantity of water which shall be made available for such purpose. 2 the rates at which such water shall be supplied by the state government to the cultivators and other consumers shall be fixed by that government after consultation with the corporation.

section 16. of the damodar valley corporation act : if, with a view to operating its schemes, the corporation has stopped or reduced the supply of water to any person for agricultural, industrial or domestic purposes which such person was, prior to such stoppage or reduction, enjoying by virtue of any prescriptive right, the corporation shall arrange such supply of water on the same terms as before.

section 15. of the damodar valley corporation act : the corporation may determine and levy rates for bulk supply and retail distribution of water for industrial and domestic purposes and specify the manner of recovery of such rates.

section 17., prohibited except with the approval of the corporation. of the damodar valley corporation act : save as otherwise prescribed, no person shall construct, operate or maintain in the damodar valley any dam or other work or any installation for the extraction of water without the consent of the corporation.

section 13. of the damodar valley corporation act : the corporation may, with the approval of the state government concerned which shall not be unreasonably withheld, construct canals and distributaries and maintain and operate them: provided that the state government may, after giving notice and subject to the payment of fair compensation, take over the maintenance and operation of any such canal or distributary.

section 18. of the damodar valley corporation act : notwithstanding anything contained in the indian electricity act, 9 of , or any licence granted thereunder i no person shall without the permission of the corporation a sell electrical energy to any consumer in the damodar valley where the energy is taken by the consumer at a pressure of 30,000 volts or more b transmit electrical energy in the damodar valley at a pressure of 30,000 volts or more c generate any electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts in any part of the damodar valley lying to the north of a straight line drawn east to west passing through a point at latitude twentytwo degrees, fourteen minutes and fortyseven seconds and longitude eightyseven degrees, fiftyone minutes and fortytwo seconds except such portion of the municipal area of burdwan as may lie to the north of such straight line: provided that nothing in subclause c shall apply to any person who was, at the commencement of this act, generating electrical energy at an installation having an aggregate capacity of more than 10,000 kilowatts, so long as the capacity of such installation is not increased: provided further that nothing in subclause c shall apply to the power station installation of the fertiliser factory at sindri having an aggregate capacity of 80,000 kilowatts so long as the capacity of such installation is not increased beyond 80,000 kilowatts. ii the corporation may sell electrical energy to any consumer in the damodar valley but no such sale shall, except with the permission of the state government concerned, be made to any consumer requiring supply at a pressure of less than 30,000 volts. iii the corporation may, with the permission of the state government concerned, extend its transmission system to any area beyond the damodar valley and sell electrical energy in such area.

section 19. of the damodar valley corporation act : 1where any licence granted under the indian electricity act, 9 of , becomes inoperative wholly or partly by virtue of the provisions of section 18, the licence shall be deemed to have been revoked or modified so as to be consistent with those provisions. 2 where a licence is deemed to have been revoked under subsection 1 the corporation shall purchase the undertaking of the licencee, and where a licence is modified under that subsection, the corporation shall, at the option of the licensee, either purchase the undertaking or pay fair compensation to the licensee. 3 the purchase price or the amount of compensation payable by the corporation under subsection 2 shall be such as may be agreed to between the corporation and the licensee or, in the event of disagreement, as may be determined by arbitration.

section 20. of the damodar valley corporation act : the corporation shall fix the schedule of charges for the supply of electrical energy, including the rates for bulk supply and retail distribution, and specify the manner of recovery of such charges: provided that the corporation may in any contract for bulk supply of electrical energy impose such terms and conditions including a retail rate schedule as it may deem necessary or desirable to encourage the use of electrical energy.

section 21. of the damodar valley corporation act : 1 the corporation may establish, maintain and operate laboratories, experimental and research stations and farms for conducting experiments and research for a utilising the water, electrical energy and other resources in the most economical manner for the development of the damodar valley, b determining the effect of its operations on the flow conditions in the hooghly river, c making improvements in navigation conditions in the port of calcutta, and d carrying out any other function specified under section 12. 2 the corporation may set up its own planning, designing, construction and operating agencies, or make arrangements therefor with the participating governments, local authorities, educational and research institutions or any person carrying on the business of an architect, an engineer or a contractor.

section 23. of the damodar valley corporation act : 1 the corporation may, after giving notice to the persons concerned or to the public generally, a turn, divert or discontinue the public use of, or permanently close, any road or any part thereof, or b discontinue the public use of, or permanently close, any open space or any part thereof. 2 whenever the corporation discontinues the public use of, or permanently closes, any road or open space the corporation shall pay reasonable compensation to every person a who was entitled, otherwise than as a licensee, to use such road or open space or part thereof as a means of access, or b whose immovable property was receiving air and light on account of such open space or part, and who has suffered damage i in any case falling under clause a from such discontinuance or closure, and ii in any case falling under clause b from the use to which the corporation has put such open space or part. 3 in determining the compensation payable to any person under subsection 2, the corporation may take into consideration any benefit accruing to such person from the construction, provision or improvement of any other road, or open space at or about the same time that the road or open space or part thereof, on account of which the compensation is to be paid, is discontinued or closed. 4 when any road or open space or any part thereof is permanently closed under subsection 1, the corporation may sell or leave such part of it as is not required for its purposes.

section 25. of the damodar valley corporation act : show related subordinates the corporation shall cooperate with the participating governments, railway authorities and local authorities and bodies, with a view to minimising the inconvenience likely to be caused by the submersion of roads and communications and shall bear the cost of any realignment thereof or resettlement of any population rendered necessary by such submersion.

section 26. of the damodar valley corporation act : the corporation shall make every endeavour to avoid submersion of coal or mineral deposits and shall cooperate with the coal mining industry and the bodies set up by the participating governments to ensure the maintenance of supplies of sand for stowing purposes in coal mines and in other ways to minimise the inconvenience to the coal mining industry.

section 22. of the damodar valley corporation act : 1 the corporation shall have the power to do anything which may be necessary or expedient for the purposes of carrying out its functions under this act. 2 without prejudice to the generality of the foregoing provision, such power shall include the power i to acquire and hold such movable and immovable property as it may deem necessary and to lease, sell or otherwise transfer any such property ii to construct or cause to be constructed such dams, barrages, reservoirs, power houses, power structures, electrical transmission lines and substations, navigation works, irrigation, navigation and drainage canals and such other works and structures as may be required iii to prevent pollution of any water under its control and to take all measures to prevent discharges into such water effluents which are harmful to water supply, irrigation, public health or fish life iv to stock its reservoirs or water courses with fish and to regulate or prohibit taking out fish from the water under its control v to undertake resettlement of the population displaced by the dams, acquisition of land for reservoirs and protection of watersheds vi to aid in the establishment of cooperative societies and other organisations for the better use of facilities made available by the corporation vii to undertake measures for the prevention of malaria.

section 24. of the damodar valley corporation act : 1 notwithstanding anything contained in the acts specified in column one of part i of the schedule, the corporation may carry out all or any of the functions and exercise all or any of the powers of a state government in the damodar valley under the provisions of such acts specified in column two thereof against each item of column one. 2 notwithstanding anything contained in the acts specified in column one of part ii of the schedule, any officer authorised by the corporation may carry out all or any of the functions and exercise all or any of the powers of a canal officer, collector, or forest officer, as the case may be, in the damodar valley under the provisions of such acts specified in column two thereof against each item of column one.

section 34. capital allocated to irrigation of the damodar valley corporation act : the total amount of capital allocated to irrigation shall be shared between the state governments as follows, namely: 1 the government concerned shall be responsible for the capital cost of the works constructed exclusively for irrigation in its state and 2 the balance of capital cost under irrigation for both the states of bihar and west bengal shall be shared by the state governments in the proportion to their guaranteed annual offtakes of water for agricultural purposes: provided that the divisible capital cost under this clause shall be provisionally shared between them in accordance with their previously declared intentions regarding their respective guaranteed offtakes and any payments made accordingly shall be adjusted after the determination of the guaranteed offtakes.

section 27. of the damodar valley corporation act : all expenditure incurred by the central government for and in connection with the establishment of the corporation up to the date of its establishment shall be treated as the capital provided by the central government to the corporation and such capital shall be adjusted between the participating governments in accordance with the provisions of sections 30 to 36.

section 28. of the damodar valley corporation act : all property acquired and works constructed for the purposes of the damodar valley scheme before the establishment of the corporation shall vest in the corporation and all income derived and expenses incurred in this behalf shall be brought into the books of the corporation.

section 29. of the damodar valley corporation act : 1 the corporation shall have its own fund and all receipts of the corporation shall be carried thereto and all payments by the corporation shall be made therefrom. 2 except as otherwise directed by the central government, all moneys belonging to that fund shall be deposited in the reserve bank of india or the agents of the reserve bank of india or invested in such securities as may be approved by the central government.

section 33. of the damodar valley corporation act : the total capital expenditure chargeable to a project shall be allocated between the three main objects, namely, irrigation, power and flood control as follows, namely: 1 expenditure solely attributable to any of these objects, including a proportionate share of overhead and general charges, shall be charged to that object, and 2 expenditure common to two or more of the said objects, including a proportionate share of overhead and general charges, shall be allocated to each of such objects in proportion to the expenditure which, according to the estimates of the corporation, would have been incurred in constructing a separate structure solely for that object, less any amount determined under clause 1 in respect of that object.

section 35. of the damodar valley corporation act : the total amount of capital allocated to power shall be shared equally between the three participating governments.

section 30. of the damodar valley corporation act : the participating governments shall, as hereinafter specified, provide the entire capital required by the corporation for the completion of any project undertaken by it.

section 37. of the damodar valley corporation act : 1 subject to the provisions of subsection 2 of section 40, the net profit, if any, attributable to each of the three main objects, namely, irrigation, power and flood control, shall be credited to the participating governments in proportion to their respective shares in the total capital cost attributed to that object. 2 the net deficit, if any, in respect of any of the objects shall be made good by the governments concerned in the proportion specified in subsection 1: provided that the net deficit in respect of flood control shall be made good entirely by the government of west bengal and the central government shall have no share in such deficit.

section 31. of the damodar valley corporation act : each participating government shall provide its share of the capital on the dates specified by the corporation and if any government fails to provide such share on such dates the corporation may raise loan to make up the deficit at the cost of the government concerned.

section 38.payment of interest of the damodar valley corporation act : the corporation shall pay interest on the amount of capital provided by each participating government at such rate as may, from time to time, be fixed by the central government and such interest shall be deemed to be part of the expenditure of the corporation.

section 32. of the damodar valley corporation act : the corporation shall have power to spend such sums as it thinks fit on objects authorised under this act other than irrigation, power and flood control and such sums shall be treated as common expenditure payable out of the fund of the corporation before allocation under section 32.

section 36. of the damodar valley corporation act : the total amount of capital up to fourteen crores of rupees allocated to flood control shall be shared equally between the central government and the government of west bengal and any amount in excess thereof shall be the liability of the government of west bengal.

section 39. of the damodar valley corporation act : for a period, not exceeding fifteen years, from the establishment of the corporation, if the corporation runs in deficit, the interest 28 charges and all other expenditure shall be added to the capital cost and all receipts shall be taken in reduction of such capital cost.

section 42. borrowing of money of the damodar valley corporation act : the corporation may, with the approval of the central government, borrow money in the open market or otherwise for the purposes of carrying out its functions under this act.

section 47. of the damodar valley corporation act : the accounts of the corporation shall be maintained and audited in such manner as may, in consultation with the auditorgeneral of india, be prescribed.

section 41. of the damodar valley corporation act : show related subordinates in the event of any betterment levy being imposed by a state government, the proportionate proceeds thereof in so far as they are attributable to the operations of the corporation shall be credited to the corporation.

section 40. of the damodar valley corporation act : 1 the corporation shall make provision for depreciation and for reserve and other funds at such rates and on such terms as may be specified by the auditorgeneral of india in consultation with the central government. 2 the net profit for the purposes of section 37 shall be determined after such provision has been made.

section 43. of the damodar valley corporation act : 1 the corporation shall be liable to pay any taxes on income levied by the central government in the same manner and to the same extent as a company. 2 the state governments shall not be entitled to any refund of any such taxes paid by the corporation.

section 44. of the damodar valley corporation act : 1 the corporation, in consultation with the 1member finance, shall in october each year prepare in such form as may be prescribed a budget for the next financial year showing the estimated receipts and expenditure and the amounts which would be required from each of the three participating governments during that financial year. 2 printed copies of the budget shall be made available to each of the three participating governments by the 15th day of november each year. 3 the budget shall be laid before 2parliament and the state legislatures concerned as soon as may be after it is prepared. 1. subs. by act 1 of , s. 6, for financial adviser w.e.f. . 2. subs. by the a. o. , for the central.

section 45. of the damodar valley corporation act : 1 the corporation shall prepare, in such form as may be prescribed, an annual report within six months after the end of each financial year giving a true and faithful account of its activities during the previous financial year, with particular reference to i irrigation ii water supply iii electrical energy iv flood control v navigation vi afforestation vii soil erosion viii use of lands ix resettlement of displaced population x sanitation and public health measures and xi economic and social welfare of the people. 2 the annual report shall also give a true and faithful account of the income and expenditure during the previous financial year, the net amounts attributable to each of the three main objects and the distribution of the capital cost between the three participating governments and show the progressive totals from the inception of the corporation and the uptodate financial results. 3 the payments provisionally made by each of the three participating governments on the basis of the budget estimates shall be adjusted as soon as possible in accordance with the allocation made in the annual report. 4 printed copies of the annual report shall be made available to each of the three participating governments by the 15th day of october each year. 5 the annual report shall be laid before 1parliament and the state legislatures concerned as soon as may be after it is prepared. 1. subs. by the a. o. , for the central.

section 46. of the damodar valley corporation act : 1 the corporation shall also prepare such other annual financial statements in such form and by such dates as may be prescribed. 2 printed copies of each such annual financial statement shall be made available to each of the three participating governments by such date as may be prescribed.

section 49. of the damodar valley corporation act : 1 save as otherwise expressly provided in this act, any dispute between the corporation and any participating government regarding any matter covered by this act or touching or arising out of it shall be referred to an arbitrator who shall be appointed by the chief justice of india. 2 the decision of the arbitrator shall be final and binding on the parties.

section 48.directions by the central government of the damodar valley corporation act : 1 in discharge of its functions the corporation shall be guided by such instructions on questions of policy as may be given to it by the central government. 2 if any dispute arises between the central government and the corporation as to whether a question is or is not a question of policy, the decision of the central government shall be final.

section 55. of the damodar valley corporation act : any officer or servant of the corporation generally or specially authorised by the corporation may at all reasonable times enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any survey, examination or investigation preliminary or incidental to the exercise of powers or the performance of functions by the corporation under this act.

section 50. compulsory acquisition of land for the corporation. of the damodar valley corporation act : any land required by the corporation for carrying out its functions under this act shall be deemed to be needed to be needed for a public purpose and such land shall be acquired for the corporation as if the provisions of part vii of the land acquisition act, 1 of , were applicable to it and the corporation were a company within the meaning of clause e of section 3 of the said act.

section 56. of the damodar valley corporation act : all members, officers and servants of the corporation, whether appointed by the central government or the corporation, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 51. control of central government. of the damodar valley corporation act : 1 the central government may remove from the corporation any member who in its opinion a refuses to act, b has become incapable of acting, c has so abused his position as a member as to render his continuance on the corporation detrimental to the interest of the public, or d is otherwise unsuitable to continue as member. 2 the central government may suspend any member pending an enquiry against him. 3 no order of removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the central government, and when such order is passed the seat of the member removed shall be declared vacant and another member may be appointed under section 4 to fill up the vacancy. 4 a member who has been removed shall not be eligible for reappointment as member or in any other capacity to the corporation. 5 the central government may declare void any transaction in connection with which a member has been removed under subsection 1. 6 if the corporation fails to carry out its functions, or follow the directions issued by the central government under this act, the central government shall have the power to remove the chairman and the members of the corporation and appoint a chairman and members in their places.

section 52. of the damodar valley corporation act : all acts prohibited in respect of a reserved forest under section 26 of the indian forest act, 16 of shall be deemed to be prohibited in respect of any forest owned by or under the supervision or control of the corporation and all offences in respect of such forest shall be punishable under the said act as if they were committed in respect of a reserved forest.

section 53. of the damodar valley corporation act : whoever contravenes the provisions of sections 17 and 18 of this act or any rule made thereunder shall be punished with imprisonment for a term which may extend to six months or with fine or with both.

section 58. effect of other laws. of the damodar valley corporation act : the provisions of this act or any rule made thereunder shall have effect notwithstanding anything contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act.

section 54. of the damodar valley corporation act : no court shall take cognisance of an offence under this act except on the complaint of an officer of the corporation authorised by it in this behalf.

section 59. power to make rules. of the damodar valley corporation act : show related subordinates the central government may, by notification in the official gazette, make rules to provide for all or any of the following matters, namely: 1 the salaries and allowances and conditions of service of members, 1 2 the functions and duties of the 2members 3 the dams or other works or the installations which may be constructed without the approval of the corporation 4 the forms of the budget, the annual report and the annual financial statements and the dates by which copies of the annual financial statements shall be made available to the participating governments 5 the manner in which the accounts of the corporation shall be maintained and audited 6 the appointment of an advisory committee and 7 the punishment for breach of any rule made under this act. 1. the words the secretary and the financial adviser omitted by act 1 of , s. 7 w.e.f. . 2. subs. by s. 7, ibid., for financial adviser w.e.f.

section 60. of the damodar valley corporation act : show related subordinates 1 the corporation may, with the previous sanction of the central government, by notification in the gazette of india, make regulations for carrying out its functions under this act. 2 in particular and without prejudice to the generality of the foregoing power, in such regulation the corporation may make provision for a making of appointments and promotions of its officers and servants b specifying other conditions of service of its officers and servants c specifying the manner in which water rates and charges for electrical energy shall be recovered d preventing the pollution of water under its control e regulating the taking out of fish from the water under its control f regulating its proceedings and business g prescribing punishment for breach of any regulation. 3 all regulations made under subsections 1 and 2 shall, as soon as possible, be published also in the official gazettes of the state governments.

section 57. of the damodar valley corporation act : 1 no suit, prosecution, or legal proceeding shall lie against any person in the employment of the corporation for anything which is in good faith done or purported to be done under this act. 2 save as otherwise provided in the act no suit or other legal proceeding shall lie against the corporation for any damage caused or likely to be caused by anything in good faith done or purported to be done under this act.

section 8. of the disturbed areas special courts act : the high court may exercise, so far as they may be applicable, all the powers conferred by chapters xxix and xxx of the code on a high court, as if a special court is a court of session trying cases within the local limits of the jurisdiction of the high court.

section 1. of the disturbed areas special courts act : 1 this act may be called the disturbed areas special courts act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states or for different parts thereof. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2.15th august, , vide notification no. s.o. 549e, dated 13thaugust, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the disturbed areas special courts act : in this act, unless the context otherwise requires, a code means the code of criminal procedure, 2 of b disturbed area means an area declared as a disturbed area under section 3 c period of disturbance, in relation to a disturbed area, means the period during which it is to be a disturbed area for the purposes of section 3 d scheduled offence means an offence specified in the schedule being an offence forming part or arising out of, or connected with, any such disturbance as is referred to in section 3 e special court means a special court constituted under section 4 f words and expressions used but not defined in this act, and defined in the code shall have the meanings respectively assigned to them in the code.

section 7. of the disturbed areas special courts act : where, after taking cognizance of any offence, a special court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try the case, transfer the case for trial to any court having jurisdiction under the code and the court to which the case is transferred may proceed with the case as if it had taken cognizance of the offence.

section 9. of the disturbed areas special courts act : 1 the provisions of this act shall have notwithstanding anything contained in the code or any other law, but save as expressly provided in this act, the provisions of the code shall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedings before a special court and for the purposes of the said provisions of the code, the special court shall be deemed to be a court of session and the person conducting a prosecution before a special court shall be deemed to be a public prosecutor. 2 in particular and without prejudice to the generality of the provisions contained in subsection 1, the provisions of sections 326 and 475 of the code shall, so far as may be, apply to the proceedings before a special court, and for this purpose references in those provisions to a magistrate shall be construed as references to the special court. state amendment manipur amendment of section 9.in section 9 of the principal act, after subsection 2, the following explanation shall be added, namely: explanation : the evidence recorded in the trial of a scheduled offence by a court of sessions or magistrate before it or he has ceased to exercise jurisdiction therein shall, for the purpose of section 326 of the code, be construed as evidence so recorded by the predecessor of the special court. vide manipur act 11 of , s. 3

section 6. of the disturbed areas special courts act : 1 every scheduled offence shall be cognizable. 2 a special court may take cognizance of any scheduled offence, a where under the code such offence is an offence triable exclusively by a court of session, upon its being committed to it under section 209 of the code as if the special court were a court of session b in any other case, upon a police report of the facts together with a certificate from the public prosecutor to the effect that the offence is triable exclusively by the special court. 3 where a scheduled offence is an offence triable exclusively by a court of session under the code, a special court shall have all the powers of a court of session and shall try such offence as if it were a court of session, so far as may be in accordance with the procedure prescribed in the code for trial before a court of session. 4 where a scheduled offence is an offence which is punishable with imprisonment for a term exceeding three years but which, according to the provisions of the code, is not an offence triable exclusively by a court of session, a special court may on taking cognizance of the offences perform the functions of a magistrate under section 207 of the code and thereafter try such offence so far as may be in accordance with the procedure prescribed in the code for trial before a court of session as if the special court were a court of session and the case had been committed to it for trial under the provisions of the code. 5 where a scheduled offence is punishable with imprisonment for a term not exceeding three years or with fine or with both, a special court may, notwithstanding anything contained in subsection 1 of section 260 or section 262 of the code, try the offence in a summary way in accordance with the procedure prescribed in the code and the provisions of sections 263 to 265 of the code, shall so far as may be, apply to such trial: provided that when, in the course of a summary trial under this subsection, it appears to the special court that the nature of the case is such that it is undesirable to try it summarily, the special court shall recall any witnesses who may have been examined and proceed to rehear the case in the manner provided by the provisions of the code for the trial of such offence and the said provisions shall apply to and in relation to a special court as they apply to and in relation to a magistrate: provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding two years. 6 a special court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposes of section 308 of the code, be deemed to have been tendered under section 307 thereof.

section 3. of the disturbed areas special courts act : 1 where a state government is satisfied that i there was, or ii there is, in any area within a state extensive disturbance of the public peace and tranquillity, by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities, it may, by notification in the official gazette, declare such area to be a disturbed area. 2 a notification issued under subsection 1 in respect of any area shall specify the period during which the area shall, for the purposes of this section, be a disturbed area and where the state government is satisfied that there was such disturbance of public peace and tranquillity as is referred to in subsection 1 in that area from any date prior to the issue of such notification, the period specified in the notification may commence from that date: provided that a no period commencing from a date earlier than three months before the date of publication of the notification shall be specified therein and b so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed three months but the state government may amend such notification to extend such period from time to time by any period not exceeding three months at any one time if in the opinion of the state government there continues to be in such area such disturbance of public peace and tranquillity as is referred to in subsection 1: provided further that where the state government is satisfied that there is no longer such disturbance of public peace and tranquillity as is referred to in subsection 1 in such area, it shall amend the notification issued under that subsection in respect of that area to limit the period specified therein whether originally or by amendment under the preceding proviso accordingly. state amendment karnataka amendment of section 3.in section 3 of the disturbed areas special courts act, central act 77 of in subsection 1, after the words castes or communities, the words or due to any other reason shall be inserted. vide karnataka act 49 of , s. 2 state amendment manipur amendment of section 3.in section 3 of the disturbed areas special courts act, , hereinafter referred to as the principal act: a in subsection 1, between the words, communities, and it may, the following words, brackets and figures shall be inserted, namely or by reason of extension and indiscriminate armed violence by members of an association declared as unlawful association under the unlawful activities prevention act, b in subsection 2 i in clause a of the proviso, the word and appearing at the end shall be deleted, and the words, letters and brackets, save in respect of the cases referred to in clause aa, shall be inserted in the beginning, and ii below clause a of the proviso so amended, the following clause shall be added, namely: aa in respect of extensive and indiscriminate armed violence by members of any association declared as unlawful association under the unlawful activities prevention act, , no period commencing from a date earlier than the date of publication of the notification, if any, under section 3 of the armed forces special powers act, 28 of in respect of that area or earlier than two years before the date of publication of the notification under subsection 1, shall be specified therein and. vide manipur act 11 of , s. 2

section 10. of the disturbed areas special courts act : 1 nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the naval, military or air forces or any other armed forces of the union. 2 for the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in subsection 1, a special court shall be deemed to be a court of ordinary criminal justice.

section 4. of the disturbed areas special courts act : 1 the state government may, for the purpose of providing speedy trial of scheduled offences committed in disturbed areas, by notification in the official gazette, constitute as many special courts as may be necessary in or in relation to such disturbed area or areas as may be specified in the notification. 2 a special court shall consist of a single judge who shall be appointed by the high court upon a request made by the state government. explanation.in this subsection, the word appoint shall have the meaning given to it in the explanation to section 9 of the code. 3 a person shall not be qualified for appointment as a judge of a special court unless a he is qualified for appointment as a judge of a high court, or b he has, for a period of not less than one year, been a sessions judge or an additional sessions judge. 4 notwithstanding anything contained in subsection 3, a person shall not be eligible for being appointed as, and for being, a judge of a special court in any state after he has attained the age at which sessions judges in that state have to retire from service.

section 5. of the disturbed areas special courts act : 1 notwithstanding anything contained in the code or any other law, a scheduled offence committed in any disturbed area at any time during the period during which it is a disturbed area shall be triable, whether during or after such period, only by the special court constituted in or in relation to the disturbed area in which the offence has been committed. 2 when trying any scheduled offence, a special court may also try any offence other than the scheduled offence with which the accused may, under the code, be charged at the same trial if the offence is connected with the scheduled offence.

section 8. of the armed forces punjab and chandigarh special powers act : 1 the armed forces punjab and chandigarh special powers ordinance, 9 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

section 1. of the armed forces punjab and chandigarh special powers act : 1 this act may be called the armed forces punjab and chandigarh special powers act, . 2 it extends to the whole of the state of punjab and the union territory of chandigarh. 3 it shall be deemed to have come into force on the 15th day of october, .

section 3. of the armed forces punjab and chandigarh special powers act : if, in relation to the state of punjab or the union territory of chandigarh, the governor of that state or the administrator of that union territory or the central government, in either case, is of the opinion that the whole or any part of such state or union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the governor of the state or the administrator of that union territory or the central government, as the case may be, by notification in the official gazette, declare the whole or such part of that state or union territory to be a disturbed area.

section 7. of the armed forces punjab and chandigarh special powers act : no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act.

section 2. of the armed forces punjab and chandigarh special powers act : in this act, unless the context otherwise requires, a armed forces means the military forces and the air forces operating as land forces, and includes any other armed forces of the union so operating b disturbed area means an area which is for the time being declared by notification under section 3 to be a disturbed area c all other words and expressions used herein, but not defined and defined in the air force act, 45 of , or the army act, 46 of , shall have the meanings respectively assigned to them in those acts.

section 4. of the armed forces punjab and chandigarh special powers act : any commissioned officer, warrant officer, noncommissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area, a if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances b if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or likely to be made or are attempted to be made or any structure used as a training camp for armed volunteers or utilised as a hideout by armed gangs or absconders wanted for any offence c arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest d enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances e stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any person who has committed a noncognizable offence, or againstwhom a reasonable suspicion exists that he has committed or is about to commit a noncognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be unlawfully held by him and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure, as the case may be.

section 6. of the armed forces punjab and chandigarh special powers act : any person arrested and taken into custody under this act and every property, arm, ammunition or explosive substance or any vehicle or vessel seized under this act, shall be made over to the officerincharge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or, as the case may be, occasioning the seizure of such property, arm, ammunition or explosive substance or any vehicle or vessel, as the case may be.

section 5. of the armed forces punjab and chandigarh special powers act : every person making a search under this act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer, package or other thing, if the key thereof is withheld.

section 8. of the indecent representation of women prohibition act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under this act shall be bailable. 2 an offence punishable under this act shall be cognizable.

section 1. of the indecent representation of women prohibition act : show related subordinates 1 this act may be called the indecent representation of women prohibition act, . 2 it extends to the whole of india, 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 2nd october, , vide notification no g.s.r. 821e, dated 25th september, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. offences by companies of the indecent representation of women prohibition act : 1 where an offence under this act has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 2. of the indecent representation of women prohibition act : in this act, unless the context otherwise requires, a advertisement includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas b distribution includes distribution by way of samples whether free or otherwise c indecent representation of women means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals d label means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package e package includes a box, carton, tin or other container f prescribed means prescribed by rules made under this act.

section 9. of the indecent representation of women prohibition act : no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer of the central government or any state government for anything which is in good faith done or intended to be done under this act.

section 3. of the indecent representation of women prohibition act : no person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.

section 10. of the indecent representation of women prohibition act : show related subordinates

section 5. of the indecent representation of women prohibition act : show related subordinates 1 subject to such rules as may be prescribed, any gazetted officer authorised by the state government may, within the local limits of the area for which he is so authorised, a enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this act has been or is being committed b seize any advertisement or any book, pamphlet, paper, slide film, writing, drawing, painting, photograph, representation or figure which he has reason to believe contravenes any of the provisions of this act c examine any record, register, document or any other material object found in any place mentioned in clause a and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act: provided that no entry under this subsection shall be made into a private dwelling house without a warrant: provided further that the power of seizure under this subsection may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise from such document, article or thing without affecting the integrity, utility or saleable value thereof. 2 the provisions of the code of criminal procedure, 2 of , shall, so far as may be, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code. 3 where any person seizes anything under clause b or clause c of subsection 1, he shall, as soon as may be, inform the nearest magistrate and take his orders as to the custody thereof.

section 4., containing indecent representation of women. of the indecent representation of women prohibition act : no person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form: provided that nothing in this section shall apply to a any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure i the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern or ii which is kept or used bona fide for religious purposes b any representation sculptured, engraved, painted or otherwise represented on or in i any ancient monument within the meaning of the ancient monument and archaeological sites and remains act, 24 of or ii any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose c any film in respect of which the provisions of part ii of the cinematograph act, 37 of , will be applicable.

section 6. of the indecent representation of women prohibition act : any person who contravenes the provisions of section 3 or section 4 shall be punishable on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend two thousand rupees, and in the event of a second or subsequent conviction with imprisonment for a term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.

section 8. of the himachal pradesh and bilaspur new state act : until other provision is made by law, there shall be allotted 4 seats to the new state in the house of the people.

section 1. of the himachal pradesh and bilaspur new state act : 1 this act may be called the himachal pradesh and bilaspur new state act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 1st july, , see gazette of india, , extraordinary, part ii, s. 3.

section 2. of the himachal pradesh and bilaspur new state act : in this act, unless the context otherwise requires, a article means an article of the constitution 1 c existing states mean the states specified as bilaspur and himachal pradesh in part c of the first schedule to the constitution immediately before the commencement of this act, and existing state means either of the existing states d law includes any enactment, ordinance, regulation, order, rule, scheme, notification, byelaw or other instrument having the force of law in the whole or in any part of either of the existing states e order means an order published in the official gazette f parliamentary constituency has the same meaning as in the representation of the people act, 43 of g sitting member in relation to either house of parliament or in relation to the legislature of the existing state of himachal pradesh, means a person who immediately before the commencement of this act is a member of that house or that legislature, as the case may be. 1. clause b omitted by the a.o. no. 3, .

section 7. of the himachal pradesh and bilaspur new state act : in section 27a of the representation of the people act, 43 of i in subsection 5, for the word delhi the words delhi, himachal pradesh shall be substituted and ii subsection 6 shall be omitted.

section 3. of the himachal pradesh and bilaspur new state act : as from the commencement of this act there shall be formed by uniting the existing states a new part c state to be known as the state of himachal pradesh hereafter in this act referred to as the new state.

section 10. of the himachal pradesh and bilaspur new state act : 1 the new state shall, until other provision is made by law, consist of the following three parliamentary constituencies namely: i the constituency of bilaspur comprising the existing state of bilaspur and ii the two constituencies into which the existing state of himachal pradesh has been divided. 2 the delimitation of parliamentary constituencies part c states order, , shall, until other provision is made by law, have effect subject to the amendments made in the first schedule.

section 4. of the himachal pradesh and bilaspur new state act : in the first schedule to the constitution, in part c a under the heading names of states i entry 3. bilaspur shall be omitted and ii entries 4 to 10 shall be renumbered as entries 3 to 9 respectively b under the heading territories of states, after the first paragraph the following paragraph shall be inserted, namely: the territory of the state of himachal pradesh shall comprise the territories which immediately before the commencement of the himachal pradesh and bilaspur new state act, were comprised in the states of bilaspur and himachal pradesh.

section 5. of the himachal pradesh and bilaspur new state act : 1 there shall be allotted one seat to the new state in the council of states. 2 the sitting member of the council of states representing the group of states comprising the existing states shall on and from the commencement of this act represent the new state in the council but the term of such sitting member shall remain unaltered, that is to say, shall expire on the 2nd of april, .

section 6. of the himachal pradesh and bilaspur new state act : in the fourth schedule to the constitution, in the table of seats relating to the representatives of states specified in part c of the first schedule i for entries 4 and 5, the entry 4. himachal pradesh......i shall be substituted and ii entries 6 to 10 shall be renumbered as entries 5 to 9 respectively.

section 12.. of the himachal pradesh and bilaspur new state act : legislative assembly of the new state.. rep. by the adaptation of laws no.3 order, .

section 9. of the himachal pradesh and bilaspur new state act : in the first schedule to the representation of the people act, 43 of , in the part relating to para c states, i entry 3 shall be omitted ii entries 4 to 12 shall be renumbered as entries 3 to 11 respectively and iii for the figure 3 in column 2 against himachal pradesh the figure 4 shall be substituted.

section 11. of the himachal pradesh and bilaspur new state act : 1 the sitting member of the house of the people representing the existing state of bilaspur shall on and from the commencement of this act represent the bilaspur constituency of the new state and shall be deemed to have been elected to the house of the people by that constituency. 2 every sitting member of the house of the people representing a constituency of the existing state of himachal pradesh shall, on and from the commencement of this act, represent the constituency of the same name in the new state and shall be deemed to have been elected to the house of the people by that constituency.

section 13.. of the himachal pradesh and bilaspur new state act : amendment of the third schedule, act xlix of .. rep., ibid.,

section 14.. of the himachal pradesh and bilaspur new state act : assembly constituencies of the new state and their delimitation.. rep., ibid.,

section 15.. of the himachal pradesh and bilaspur new state act : members of legislative assembly.. rep., ibid.,

section 16.. of the himachal pradesh and bilaspur new state act : duration of the legislative assembly.. rep., ibid.,

section 17. of the himachal pradesh and bilaspur new state act : in section 13 of the representation of the people act, 43 of , in clause b of subsection 1, the word bilaspur shall be omitted.

section 18.. of the himachal pradesh and bilaspur new state act : amendment of section 2, act 49 of . rep. by the adaptation of laws no. 3 order, .

section 19. of the himachal pradesh and bilaspur new state act : the constitution scheduled castes part c states order , shall be amended as shown in the second schedule.

section 20. of the himachal pradesh and bilaspur new state act : in section 9 of the delimitation commission act, 81 of , in subsection 3, for the words and the orders made under any of the said acts the words, brackets and figures the himachal pradesh and bilaspur new state act, and the orders made under any of the said acts shall be substituted.

section 21. of the himachal pradesh and bilaspur new state act : any reference to himachal pradesh in the representation of the people act, 43 of , 1 , as amended by this act shall be construed as a reference to the new state. 1 . the words, letters and figures and the government of part c states act, omitted by the a. o. no.3, .

section 22. of the himachal pradesh and bilaspur new state act : 1 the electoral rolls of the constituencies of the existing states shall, on and from the commencement of this act, be deemed to be the electoral rolls of the constituencies of the same name in the new state and shall continue in force until such rolls are revised, or fresh rolls are prepared, in accordance with law. 1 1 . omitted by the a. o. no. 3, .

section 26. of the himachal pradesh and bilaspur new state act : all courts which immediately before the commencement of this act were exercising lawful powers, authority and jurisdiction under the superintendence and control of either of the existing courts in any area forming part of the new state shall, until further provision is made by a competent legislature or authority, continue to exercise their respective powers, authority and jurisdiction in that area under the superintendence and control of the new court.

section 23. of the himachal pradesh and bilaspur new state act : for the purpose of determination of the number of seats to be allotted to the new state in the house of the people in accordance with the provisions of subsection 1, and distribution of those seats as well as the seats allotted to the legislative assembly of the new state to territorial constituencies and delimitation thereof in accordance with the provisions of subsection 2 of section 8 of the delimitation commission act, 81 of , it shall be lawful for the delimitation commission, notwithstanding anything contained in that act, to amend, vary or rescind any of its final orders published under section 9 of that act in so far as any such order relates to any or both of the existing states.

section 24.. of the himachal pradesh and bilaspur new state act : rules of procedure of the legislative assembly of the new state. rep. by the adaptation of laws no. 3 order, .

section 25. of the himachal pradesh and bilaspur new state act : as from the commencement of this act, a the courts of the judicial commissioner for the existing states hereafter in this part referred to as the existing courts shall be amalgamated and shall constitute the court of the judicial commissioner for the new state hereafter in this part referred to as the new court b the judicial commissioner and the additional judicial commissioner, if any, for the existing state of himachal pradesh shall be respectively the judicial commissioner and the additional judicial commissioner for the new state c every person who immediately before the commencement of this act, is an officer or servant of either of the existing courts shall be an officer or servant, as the case may be, of the new court deemed to have been appointed on the same terms and conditions of service or on terms and conditions as similar thereto as the changes effected by this act permit as were applicable to him immediately before such commencement: provided that nothing in this clause shall be deemed to prevent the new court from altering the designation or the duties of any office or post d the new court shall have all such original, appellate and other jurisdiction as under any law is exercisable immediately before the commencement of this act by either of the existing courts in respect of any area forming part of the new state e the new court shall have the same powers to admit, suspend and remove advocates, vakils and pleaders and to make rules with respect to advocates, vakils and pleaders in the whole of the new state as are immediately before the commencement of this act, exercisable by either of the existing courts: provided that subject to any rules made by the new court in exercise of the powers conferred by this clause, any person who immediately before the commencement of this act is an advocate, vakil or pleader entitled to practise in either of the existing courts shall be recognised as an advocate, vakil or pleader entitled to practise in the new court f subject to the provisions of this part, the law in force immediately before the commencement of this act with respect to the practice and procedure in the court of the judicial commissioner for the existing state of himachal pradesh shall, until varied or altered by a competent authority, apply in relation to the new court with such modifications as may be made by that court g the judicial commissioners courts declaration as high courts act, 15 of shall apply to the new court as if the new court were in existence at the commencement of that act and any other law in force immediately before the commencement of this act relating to appeals to the supreme court from the court of the judicial commissioner for the existing state of himachal pradesh shall, with necessary modifications, apply in relation to the new court h all proceedings which immediately before the commencement of this act are pending in either of the existing courts shall by virtue of this act stand transferred to the new court and shall be continued as if they had been proceedings instituted in that court i any order made by either of the existing courts in any such proceedings as aforesaid shall for all purposes have effect, not only as an order of that court, but also as an order made by the new court j references in any law to either of the existing courts by whatever name, shall, unless the context otherwise requires, be construed as references to the new court.

section 29. of the himachal pradesh and bilaspur new state act : for the purpose of facilitating the application in relation to the new state of any law made before the commencement of this act, any court, tribunal or authority may, subject to any express provision of this act, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court, tribunal or authority, as the case may be.

section 27. of the himachal pradesh and bilaspur new state act : save asotherwise provided in this act, all authorities and all officers, judicial, executive and ministerial, who immediately before the commencement of this act were exercising lawful functions in any area forming part of the new state, shall, until further provision is made by a competent authority, continue to exercise their respective functions as far as may be, in the same manner and to the same extent as they were doing before such commencement.

section 32. of the himachal pradesh and bilaspur new state act : if any difficulty arises in giving effect to the provisions of this act, the president may make such orders not inconsistent with the said provisions, as appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such power shall be exercised by the president after the expiry of one year from the commencement of this act.

section 28. of the himachal pradesh and bilaspur new state act : save as otherwise provided in this act, all the law in force immediately before the commencement of this act in any area forming part of the new state shall continue to be in force until repealed or amended by a competent legislature or authority.

section 31. of the himachal pradesh and bilaspur new state act : nothing in this act shall be deemed to derogate from the powers of the central government to make such arrangements or to take such action in relation to the bhakranangal project as may, having due regard to the purposes of the project, be necessary to ensure its proper administration and effective implementation.

section 30. of the himachal pradesh and bilaspur new state act : all taxes, duties, cesses and fees which immediately before the commencement of this act were being lawfully levied in either of the existing states or any part thereof, shall continue to be levied in the same manner and to the same extent and to be applied for the same purposes until other provision is made by a competent legislature or authority.

section 8. of the comptroller auditorgeneral s duties powers and conditions of service act : every person holding office as the comptroller and auditorgeneral shall be entitled to subscribe to the general provident fund central services.

The Comptroller Auditor-General s (Duties, Powers and Conditions of Service) Act, 1971

section 1. of the comptroller auditorgeneral s duties powers and conditions of service act : show related subordinates this act may be called the comptroller and auditorgenerals duties, powers and conditions of service act, .

section 2. of the comptroller auditorgeneral s duties powers and conditions of service act : in this act, unless the context otherwise requires, a accounts, in relation to commercial undertakings of a government, includes trading, manufacturing and profit and loss accounts and balancesheets and other subsidiary accounts b appropriation accounts means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the constitution or of the government of union territories act, 20 of , for the appropriation of moneys out of the consolidated fund of india or of a state, or of a union territory having a legislative assembly, as the case may be c comptroller and auditorgeneral means the comptroller and auditorgeneral of india appointed under article 148 of the constitution d state means a state specified in the first schedule to the constitution e union includes a union territory, whether having a legislative assembly or not.

section 7. of the comptroller auditorgeneral s duties powers and conditions of service act : commutation, of pension. omitted by the comptroller and auditorgenerals duties, powers and conditions of service amendment act, 50 of , s. 3 w.e.f. .

section 5. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 a person who, immediately before the date of assuming office as the comptroller and auditorgeneral, was in the service of government may be granted during his tenure of office but not thereafter, leave in accordance with the rules for the time being applicable to the service to which he belonged before such date and he shall be entitled to carry forward the amount of leave standing at his credit on such date, notwithstanding anything contained in section 6. 2 any other person who is appointed as the comptroller and auditorgeneral may be granted leave in accordance with such rules as are for the time being applicable to a member of the indian administrative service. 3 the power to grant or refuse leave to the comptroller and auditorgeneral and to revoke or curtail leave granted to him, shall vest in the president.

section 9. of the comptroller auditorgeneral s duties powers and conditions of service act : 1save as otherwise provided in this act, the conditions of service relating to travelling allowance, provision of rentfree residence and exemption from payment of income tax on the value of such rentfree residence, conveyance facilities, sumptuary allowance, medical facilities and such other conditions of service as are for the time being applicable to a judge of the supreme court under chapter iv of the supreme court judges act, and the rules made thereunder, shall, so far as may be, apply to a serving or retired comptroller and auditorgeneral as the case may be: provided that nothing in this section shall have effect so as to give a person, who immediately before the date of assuming office as the comptroller and auditorgeneral, was in the service of government, less favourable terms in respect of any of the matters aforesaid than those to which he would be entitled as a member of the service to which he belonged, his service as comptroller and auditorgeneral being treated for the purpose of this proviso as continuing service in the service to which he belonged. 1. subs. by s. 4, ibid., for certain words w.e.f. .

section 10.comptroller and auditorgeneral to compile accounts of union and states of the comptroller auditorgeneral s duties powers and conditions of service act : 1 the comptroller and auditorgeneral shall be responsible a for compiling the accounts of the union and of each state from the initial and subsidiary accounts rendered to the audit and accounts offices under his control by treasuries, offices or departments responsible for the keeping of such accounts and b for keeping such accounts in relation to any of the matters specified in clause a as may be necessary: 1provided that the president may, after consultation with the comptroller and auditorgeneral, by order, relieve him from the responsibility for compiling i the said accounts of the union either at once or gradually by the issue of several orders or ii the accounts of any particular services or departments of the union: provided further that the governor of a state may, with the previous approval of the president and after consultation with the comptroller and auditorgeneral, by order, relieve him from the responsibility for compiling i the said accounts of the state either at once or gradually by the issue of several orders or ii the accounts of any particular services or departments of the state: 2provided also that the president may, after consultation with the comptroller and auditorgeneral, by order, relieve him from the responsibility for keeping the accounts of any particular class or character. 2 where, under any arrangement, a person other than the comptroller and auditorgeneral has, before the commencement of this act, been responsible i for compiling the accounts of any particular service or department of the union or of a state, or ii for keeping the accounts of any particular class or character, such arrangement shall, notwithstanding anything contained in subsection 1, continue to be in force unless, after consultation with the comptroller and auditorgeneral, it is revoked in the case referred to in clause i, by an order of the president or the governor of the state, as the case may be, and in the case referred to in clause ii, by an order of the president. 1. subs. by act 58 of , s. 2, for the first proviso w.e.f. . 2. subs. by act 58 of , s. 2, for provided further w.e.f. .

section 3. of the comptroller auditorgeneral s duties powers and conditions of service act : there shall be paid to the comptroller and auditorgeneral a salary which is equal to the salary of the judge of the supreme court: provided that if a person who, immediately before the date of assuming office as the comptroller and auditorgeneral, was in receipt of, or, being eligible so to do, had elected to draw, a pension other than a disability or wound pension in respect of any previous service under the government of the union or any of its predecessor governments, or under the government of a state or any of its predecessor governments, his salary in respect of service as comptroller and auditorgeneral shall be reduced a by the amount of that pension and b if he had, before assuming office, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension 1 2 1. the word and omitted by act 51 of , s. 2 w.e.f. . 2. clause c omitted by s. 2, ibid. w.e.f. .

section 4. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral shall hold office for a term of six years from the date on which he assumes such office: provided that where he attains the age of sixtyfive years before the expiry of the said term of six years, he shall vacate such office on the date on which he attains the said age:/ provided further that he may, at any time, by writing under his hand addressed to the president, resign his office. explanation.for the purpose of this section, the term of six years in respect of the comptroller and auditorgeneral holding office immediately before the commencement of this act, shall be computed from the date on which he had assumed office.

section 6. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 a person who, immediately before the date of assuming office as the comptroller and auditorgeneral, was in the service of government shall be deemed to have retired from service on the date on which he enters upon office as the comptroller and auditorgeneral but his service as the comptroller and auditorgeneral shall be reckoned as continuing approved service counting for pension in the service to which he belonged. 2 every person who enters upon office as the comptroller and auditorgeneral shall, on demitting the said office, be eligible to a pension of a sum of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the service to which he belonged: provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount. 3 a person who, immediately before the date of assuming office as the comptroller and auditorgeneral, was in receipt of, or, had become eligible for receiving, a pension in respect of any previous service under government, shall, on demitting office as the comptroller and auditorgeneral, be eligible to a pension of fifteen thousand rupees per annum which sum shall include the aggregate of all pensions payable to him and the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the service to which he belonged: provided that if such a person is or becomes eligible, at any time, under the rules for the time being governing the service to which he belonged, to a pension higher than the said sum of fifteen thousand rupees, he shall be eligible to draw, as pension, the said higher amount. 4 any other person who is appointed as the comptroller and auditorgeneral shall, on demitting the said office, be eligible to a pension of fifteen thousand rupees per annum. 5 the person holding office immediately before the commencement of this act as the comptroller and auditorgeneral shall be eligible to draw, at his option, pension at the rate at which it would be admissible to him if this act had not come into force or at the rate specified in this section. 6 a person who demits office as the comptroller and auditorgeneral by resignation shall, on such demission, be eligible to a pension at the rate of two thousand rupees per annum for each completed year of his service as the comptroller and auditorgeneral: provided that in the case of a person referred to in subsection 1 or subsection 3, the aggregate amount of pension admissible under this subsection together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity, if any, which may have been admissible to him under the rules for the time being applicable to the service to which he belonged immediately before he assumed office as the comptroller and auditorgeneral, shall not exceed fifteen thousand rupees per annum or the higher pension referred to in proviso to subsection 2 or subsection 3, as the case may be. 16a notwithstanding anything contained in the foregoing provisions of this section, a person referred to in subsection 1 who demits office whether in any manner specified in subsection 8 or by resignation as the comptroller and auditorgeneral after the commencement of the comptroller and auditorgenerals duties, powers and conditions of service amendment act, 2 of , shall, on such demission, be entitled to a the pension to which he would have been entitled under the rules of the service to which he belonged by reckoning his service as the comptroller and auditorgeneral as continuing approved service counting for pension in such service and b a special pension of seven hundred rupees per annum in respect of each completed year of service as the comptroller and auditorgeneral: 4 6b notwithstanding anything contained in the foregoing provisions of this section, a person referred to in subsection 3 who demits office whether in any manner specified in subsection 8 or by resignation as the comptroller and auditorgeneral after the commencement of the comptroller and auditorgenerals duties, powers and conditions of service amendment act, 2 of , shall, on such demission, be entitled to a the pension payable to him in respect of any previous service under government and b a special pension of seven hundred rupees per annum in respect of each completed year of service as the comptroller and auditorgeneral: 2 36c notwithstanding anything contained in the foregoing provisions of this section, a person who demits office whether in any manner specified in subsection 8 or by resignation as the comptroller and auditorgeneral after the commencement of the comptroller and auditorgenerals duties, powers and conditions of service amendment act, 50 of , shall, on such demission, be entitled to a a pension which is equal to the pension payable to a judge of the supreme court, i if such person is a person referred to in subsection 1 or subsection 3, in accordance with the provisions of part iii of the schedule to the supreme court judges conditions of service act, 41 of hereafter in this act referred to as the supreme court judges act, as amended from time to time and ii if such person is a person referred to in subsection 4, in accordance with the provisions of part i of the schedule to the supreme court judges act, as amended from time to time b such pension including commutation of pension, family pension and gratuity as are admissible to a judge of supreme court under the supreme court judges act and the rules made thereunder, as amended from time to time. 46d notwithstanding anything contained in the forgoing provisions of this section, a person who demitted office whether in any manner specified in subsection 8 or by resignation as the comptroller and auditorgeneral, at any time before the 16th day of december, , shall be entitled to the pension specified in subsection 6c on and from that date. 7 if a person who demits office as the comptroller and auditorgeneral is not eligible to any pension under this section but is eligible to a pension under the rules for the time being applicable to the service to which he belonged immediately before be assumed office as the comptroller and auditorgeneral, he shall, notwithstanding anything contained in this section, be eligible to draw such pension as is admissible to him under the said rules. 8 except where he demits office by resignation, a person holding office of the comptroller and auditorgeneral shall be deemed, for the purposes of this act, to have demitted such office as such if, and only if, a he has completed the term of office specified in section 4, or b he has attained the age of sixtyfive years, or c his demission of office is medically certified to be necessitated by ill health. 1. ins. by act 2 of , s. 2 w.e.f. . 2. the proviso omitted by act 50 of , s. 2 w.e.f. . 3. ins. by s. 2, ibid. w.e.f. . 4. ins. by act 51 of , s. 3 w.e.f. .

section 11. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral shall, from the accounts compiled by him or 1by the government or any other person responsible in that behalf, prepare in each year accounts including, in the case of accounts compiled by him, appropriation accounts showing under the respective heads the annual receipts and disbursements for the purpose of the union, of each state and of each union territory having a legislative assembly, and shall submit those accounts to the president or the governor of a state or administrator of the union territory having a legislative assembly, as the case may be, on or before such dates as he may, with the concurrence of the government concerned, determine: 2provided that the president may, after consultation with the comptroller and auditorgeneral, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the union or of a union territory having a legislative assembly: provided further that the governor of a state may, with the previous approval of the president and after consultation with the comptroller and auditorgeneral, by order, relieve him from the responsibility for the preparation and submission of the accounts relating to annual receipts and disbursements for the purpose of the state. 1. subs. by s. 3, ibid., for by any other person responsible in that behalf w.e.f. . 2. the provisos ins. by s. 3, ibid. w.e.f. .

section 12. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral shall, in so far as the accounts, for the compilation or keeping of which he is responsible, enable him so to do, give to the union government, to the state governments or to the governments of union territories having legislative assemblies, as the case may be, such information as they may, from time to time, require, and render such assistance in the preparation of their annual financial statements as they may reasonably ask for.

section 18. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 the comptroller and auditorgeneral shall in connection with the performance of his duties under this act, have authority a to inspect any office of accounts under the control of the union or of a state, including treasuries and such offices responsible for the keeping of initial or subsidiary accounts, as submit accounts to him b to require that, any accounts, books, papers and other documents which deal with or from the basis of or are otherwise relevant to the transactions to which his duties in respect of audit extend, shall be sent to such place as he may appoint for his inspection c to put such questions or make such observations as he may consider necessary, to the person in charge of the office and to call for such information as he may require for the preparation of any account or report which it is his duty to prepare. 2 the person in charge of any office or department, the accounts of which have to be inspected and audited by the comptroller and auditorgeneral, shall afford all facilities for such inspection and comply with requests for information in as complete a form as possible and with all reasonable expedition.

section 14. of the comptroller auditorgeneral s duties powers and conditions of service act : 11 where any body or authority is substantially financed by grants or loans from the consolidated fund of india or of any state or of any union territory having a legislative assembly, the comptroller and auditorgeneral shall, subject to the provisions of any law for the time being in force applicable to the body or authority, as the case may be, audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him. explanation.where the grant or loan to a body or authority from the consolidated fund of india or of any state or of any union territory having a legislative assembly in a financial year is not less than 2rupees twentyfive lakhs and the amount of such grant or loan is not less than seventyfive per cent of the total expenditure of that body or authority, such body or authority shall be deemed, for the purposes of 3this subsection to be substantially financed by such grants or loans, as the case may be. 42 notwithstanding anything contained in subsection 1 the comptroller and auditorgeneral may, with the previous approval of the president or the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, audit all receipts and expenditure of any body or authority where the grant or loan to such body or authority from the consolidated fund of india or of any state, or of any union territory having a legislative assembly, as the case may be, in a financial year is not less than rupees one crore. 3 where the receipts and expenditure of any body or authority are, by virtue of the fulfilment of the conditions specified in subsection 1 or subsection 2, audited by the comptroller and auditorgeneral in a financial year, he shall continue to audit the receipts and expenditure of that body or authority for a further period of two years notwithstanding that the conditions specified in subsection 1 or subsection 2 are not fulfilled during any of the two subsequent years. 1. section 14 renumbered as subsection 1 thereof by act 2 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for rupees five lakhs w.e.f. . 3. subs. by s. 3, ibid., for this section w.e.f. . 4. ins. by s. 3, ibid. w.e.f. .

section 13. of the comptroller auditorgeneral s duties powers and conditions of service act : it shall be the duty of the comptroller and auditorgeneral a to audit all expenditure from the consolidated fund of india and of each state and of each union territory having a legislative assembly and to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it b to audit all transactions of the union and of the states relating to contingency funds and public accounts c to audit all trading, manufacturing, profit and loss accounts and balancesheets and other subsidiary accounts kept in any department of the union or of a state and in each case to report on the expenditure, transactions or accounts so audited by him.

section 19. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 the duties and powers of the comptroller and auditorgeneral in relation to the audit of the accounts of government companies shall be performed and exercised by him in accordance with the provisions of the companies act, 1 of . 2 the duties and powers of the comptroller and auditorgeneral in relation to the audit of the accounts of corporations not being companies established by or under law made by parliament shall be performed and exercised by him in accordance with the provisions of the respective legislations. 3 the governor of a state or the administrator of a union territory having a legislative assembly may, where he is of opinion that it is necessary in the public interest so to do, request the comptroller and auditorgeneral to audit the accounts of a corporation established by law made by the legislature of the state or of the union territory, as the case may be, and where such request has been made, the comptroller and auditorgeneral shall audit the accounts of such corporation and shall have, for the purposes of such audit, right of access to the books and accounts of such corporation: provided that no such request shall be made except after consultation with the comptroller and auditorgeneral and except after giving reasonable opportunity to the corporation to make representations with regard to the proposal for such audit.

section 15. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 where any grant or loan is given for any specific purpose from the consolidated fund of india or of any state or of any union territory having a legislative assembly to any authority or body, not being a foreign state or international organisation, the comptroller and auditorgeneral shall scrutinise the procedures by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to which such grants or loans were given and shall for this purpose have right of access, after giving reasonable previous notice, to the books and accounts of that authority or body: provided that the president, the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, may, where he is of opinion that it is necessary so to do in the public interest, by order, relieve the comptroller and auditorgeneral, after consultation with him, from making any such scrutiny in respect of any body or authority receiving such grant or loan. 2 except where he is authorised so to do by the president, the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, the comptroller and auditorgeneral shall not have, while exercising the powers conferred on him by subsection 1, right of access to the books and accounts of any corporation to which any such grant or loan as is referred to in subsection 1 is given if the law by or under which such corporation has been established provides for the audit of the accounts of such corporation by an agency other than the comptroller and auditorgeneral: provided that no such authorisation shall be made except after consultation with the comptroller and auditorgeneral and except after giving the concerned corporation a reasonable opportunity of making representations with regard to the proposal to give to the comptroller and auditorgeneral right of access to its books and accounts.

section 16. of the comptroller auditorgeneral s duties powers and conditions of service act : it shall be the duty of the comptroller and auditorgeneral to audit all receipts which are payable into the consolidated fund of india and of each state and of each union territory having a legislative assembly and to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed and to make for this purpose such examination of the accounts as he thinks fit and report thereon.

section 17. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral shall have authority to audit and report on the accounts of stores and stock kept in any office or department of the union or of a state.

section 21. of the comptroller auditorgeneral s duties powers and conditions of service act : any power exercisable by the comptroller and auditorgeneral under the provisions of this act, or any other law may be exercised by such officer of his department as may be authorised by him in this behalf by general or special order: provided that except during the absence of the comptroller and auditorgeneral on leave or otherwise, no officer shall be authorised to submit on behalf of the comptroller and auditorgeneral any report which the comptroller and auditorgeneral is required by the constitution or the government of union territories act, 20 of to submit to the president or the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be.

section 19a. of the comptroller auditorgeneral s duties powers and conditions of service act : 119a. laying of reports in relation to accounts of government companies and corporations.1 the reports of the comptroller and auditorgeneral, in relation to the accounts of a government company or a corporation referred to in section 19, shall be submitted to the government or governments concerned. 2 the central government shall cause every report received by it under subsection 1 to be laid, as soon as may be after it is received, before each house of parliament. 3 the state government shall cause every report received by it under subsection 1 to be laid as, soon as may be after it is received, before the legislature of the state. explanation.for the purposes of this section, government or state government, in relation to a union territory having a legislative assembly, means the administrator of the union territory. 1. ins. by act 2 of , s. 4 w.e.f. .

section 26. of the comptroller auditorgeneral s duties powers and conditions of service act : for the removal of doubts, it is hereby declared that on the commencement of this act the government of india audit and accounts order, , as adapted by the india provisional constitution order, , shall cease to be in force except as respects anything done or any action taken thereunder.

section 22. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 the central government may, after consultation with the comptroller and auditorgeneral, by notification in the official gazette, make rules for carrying out the provisions of this act in so far as they relate to the maintenance of accounts. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which initial and subsidiary accounts shall be kept by the treasuries, offices and departments rendering accounts to audit and accounts offices b the manner in which the accounts of 1the union or of a state or of any particular service or department or of any particular class or character, in respect of which the comptroller and auditorgeneral has been relieved from the responsibility of compiling or keeping the accounts, shall be compiled or kept c the manner in which the accounts of stores and stock shall be kept in any office or department of the union or of a state, as the case may be d any other matter which is required to be, or may be, prescribed by rules. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of 3the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 58 of , s. 4 w.e.f. . 2. subs. by act 58 of , s. 4, for in two successive sessions w.e.f. . 3. subs. by s. 4, ibid., for the session in which it is so laid or the session immediately following w.e.f. .

section 20. of the comptroller auditorgeneral s duties powers and conditions of service act : 1 save as otherwise provided in section 19, where the audit of the accounts of any body or authority has not been entrusted to the comptroller and auditorgeneral by or under any law made by parliament, he shall, if requested so to do by the president or the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, undertake the audit of the accounts of such body or authority on such terms and conditions as may be agreed upon between him and the concerned government and shall have, for the purposes of such audit, right of access to the books and accounts of that body or authority: provided that no such request shall be made except after consultation with the comptroller and auditorgeneral. 2 the comptroller and auditorgeneral may propose to the president or the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, that he may be authorised to undertake the audit of the accounts of any body or authority, the audit of the accounts of which has not been entrusted to him by law, if he is of opinion that such audit is necessary because a substantial amount has been invested in, or advanced to, such body or authority by the central or state government or by the government of a union territory having a legislative assembly, and on such request being made, the president or the governor or the administrator, as the case may be, may empower the comptroller and auditorgeneral to undertake the audit of the accounts of such body or authority. 3 the audit referred to in subsection 1 or subsection 2 shall not be entrusted to the comptroller and auditorgeneral except where the president or the governor of a state or the administrator of a union territory having a legislative assembly, as the case may be, is satisfied that it is expedient so to do in the public interest and except after giving a reasonable opportunity to the concerned body or authority to make representations with regard to the proposal for such audit.

section 25. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral conditions of service act, 21 of , is hereby repealed.

section 24. of the comptroller auditorgeneral s duties powers and conditions of service act : the comptroller and auditorgeneral is hereby authorised to dispense with, when circumstances so warrant, any part of detailed audit of any accounts or class of transactions and to apply such limited check in relation to such accounts or transactions as he may determine.

section 23. of the comptroller auditorgeneral s duties powers and conditions of service act : show related subordinates the comptroller and auditorgeneral is hereby authorised to make regulations for carrying into effect the provisions of this act in so far as they relate to the scope and extent of audit, including laying down for the guidance of the government departments the general principles of government accounting and the broad principles in regard to audit of receipts and expenditure. regulations yeardescriptionfiles regulations on audit and accounts,

section 8. of the babasaheb bhimrao ambedkar university act : every student of the university other than a student who pursues a course of study by distance education system shall normally reside in a hall or hostel or under such conditions as may be prescribed by the ordinances.

section 1. of the babasaheb bhimrao ambedkar university act : 1 this act may be called the babasaheb bhimrao ambedkar university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint 1. 10th january , vide notification no. s.o. 18e, dated 5th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the babasaheb bhimrao ambedkar university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of management means the board of management of the university d board of studies means the board of studies of the university e chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university f college means a college maintained by the university g department means a department of studies and includes a centre of studies h distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact i employee means any person appointed by the university and includes teachers and other staff of the university j finance committee means the finance committee of the university k hall means a unit of residence or of corporate life for the students of the university, or of a college or of an institution, maintained by the university l institution means an academic institution, not being a college, maintained by the university m planning board means the planning board of the university n principal means the head of a college or an institution maintained by the university, and includes, where there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or the acting principal, a viceprincipal duly appointed as such o recognised institution means an institution of higher learning recognised by the university p recognised teachers means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution maintained by the university q regulations means the regulations made by any authority of the university under this act for the time being in force r school means a school of studies of the university s statutes and ordinances mean, respectively, the statutes and ordinances of the university for the time being in force t teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances u university means the babasaheb bhimrao ambedkar university established under this act.

section 7. of the babasaheb bhimrao ambedkar university act : the university shall be open to all persons of either sex and of whatever caste, creed, race, class, place of domicile and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or promotion of educational interests of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 3. of the babasaheb bhimrao ambedkar university act : 1 there shall be established a university by the name of babasaheb bhimrao ambedkar university. 2 the headquarters of the university shall be at lucknow and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first vicechancellor and the first members of the board of management, or the academic council or the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of babasaheb bhimrao ambedkar university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 9. of the babasaheb bhimrao ambedkar university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the board of management thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made to the university and the university shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate to the board of management the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the board of management shall communicate, through the vicechancellor, to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 9 where, the board of management does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the board of management, issue such directions as he may think fit and the board of management shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statues.

section 4. of the babasaheb bhimrao ambedkar university act : the objects of the university shall be to promote advanced knowledge by providing instructional and research facilities in such branches of learning as it may deem fit, to make provisions for integrated courses in science and key and frontier areas of technology and other allied disciplines in the educational programmes of the university to offer appropriate courses relevant for the development of socially and economically depressed sections of the people, including agricultural technology and rural crafts to promote the study of the principles for which babasaheb bhimrao ambedkar worked during his life time, namely, national integration, social justice and democratic way of life, and also study of the constitutions of the world to take appropriate measures for promoting innovations in teachinglearning processes in interdisciplinary studies and research and pay special attention to the promotion of educational and economic interests and welfare of the people in general and of members belonging to the scheduled castes and the scheduled tribes in particular by providing adequate percentage of seats for the scheduled castes and the scheduled tribes and the university shall, in organising its activities, have due regard to the objects specified in the first schedule.

section 5. of the babasaheb bhimrao ambedkar university act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide facilities through the distance education system to such persons as it may determine vi to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching on academic positions vii to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition viii to recognise persons for imparting instructions in any college or institution maintained by the university ix to appoint persons working in any other university or organisation as teacher of the university for a specified period x to create administrative, ministerial and other posts and to make appointments thereto xi to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xii to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects xiii to institute and award fellowships, scholarships, studentships, medals and prizes xiv to establish and maintain colleges, institutions and halls xv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xvi to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xvii to make special arrangements in respect of the residence discipline and teaching of women students as the university may consider desirable xviii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xix to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes xx to determine standards of admission to the university which may include examination, evaluation or any other method of testing xxi to fix quota for students belonging to the scheduled castes and the scheduled tribes for admission purposes xxii to demand and receive payment of fees and other charges xxiii to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xxiv to lay down conditions of service of all categories of employees, including their code of conduct xxv to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxvi to make arrangements for promoting the health and general welfare of the employees xxvii to receive benefactions, donations and gifts and to acquire, hold, mange and dispose of any property, movable or immovable including trust and endowment properties for the purposes of the university xxviii to borrow, with the prior approval of the central government, on the security of the property of the university, money for the purposes of the university xxix to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 6. of the babasaheb bhimrao ambedkar university act : the jurisdiction of the university shall extend to the whole of the state of uttar pradesh.

section 10. of the babasaheb bhimrao ambedkar university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellors 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 11. of the babasaheb bhimrao ambedkar university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocation of the university held for conferring degrees, and may be delegated such powers as may be necessary.

section 12. of the babasaheb bhimrao ambedkar university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic head of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the board of management within three months from the date on which decision on such action is communicated to him and thereupon the board of management may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 18. of the babasaheb bhimrao ambedkar university act : the following shall be the authorities of the university, namely: 1 the board of management 2 the academic council 3 the planning board 4 the boards of studies 5 the finance committee and 6 such other authorities as may be declared by the statutes to be the authorities of the university.

section 13. of the babasaheb bhimrao ambedkar university act : one or more provicechancellors shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 14. of the babasaheb bhimrao ambedkar university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the babasaheb bhimrao ambedkar university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 16. of the babasaheb bhimrao ambedkar university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 17. of the babasaheb bhimrao ambedkar university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 19. of the babasaheb bhimrao ambedkar university act : 1 the board of management shall be the principal executive body of the university. 2 the constitution of the board of management, the term of office of its members and its powers and functions shall be prescribed by the statutes: provided that the board of management shall also have representatives of the house of the people and the council of states, the government of india, the university grants commission and the teaching community.

section 26. of the babasaheb bhimrao ambedkar university act : show related subordinates 1 the first statutes are those set out in the second schedule. 2 the board of management may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the board of management shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the board of management. 3 every new statutes or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the board of management for reconsideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor, in exceptional circumstances, may direct the university to make provisions in the statutes in respect of any matter specified by him and if the board of management is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board of management for its inability to comply with such direction, make or amend the statutes suitably.

section 20. of the babasaheb bhimrao ambedkar university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes: provided that representation shall be given to students also.

section 21. of the babasaheb bhimrao ambedkar university act : 1 the planning board shall be the principal planning body of the university. 2 the constitution of the planning board, term of office of its members and its powers and functions shall be prescribed by the statutes: provided that representation shall be given to nonteaching staff.

section 23. of the babasaheb bhimrao ambedkar university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 24. of the babasaheb bhimrao ambedkar university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 25. of the babasaheb bhimrao ambedkar university act : show related subordinates subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university, their emoluments and other conditions of service e the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees or students and the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the board of management by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on a college or an institution or a department k the establishment and abolition of schools, departments, centres, halls, colleges and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the delegation of powers vested in the authorities or officers of the university p the maintenance of the discipline among the employees and students q all other matters which by this act are to be or may be provided for by the statutes.

section 22. of the babasaheb bhimrao ambedkar university act : the constitution, powers and functions of the boards of schools shall be prescribed by the statutes.

section 31. of the babasaheb bhimrao ambedkar university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the board of management, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal in such matters shall be final. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 27. of the babasaheb bhimrao ambedkar university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointments and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the setting up of a machinery for redressal of grievances of employees and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the board of management in the manner prescribed by the statutes.

section 28. of the babasaheb bhimrao ambedkar university act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 29. of the babasaheb bhimrao ambedkar university act : 1 the annual report of the university shall be prepared under the direction of the board of management, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects. 2 the annual report so prepared shall be submitted to the visitor on or before such date as may be prescribed by the statutes. 3 a copy of the annual report as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 30. of the babasaheb bhimrao ambedkar university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the board of management and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the visitor. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the board of management and the observations of the board of management, if any, shall be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 34. of the babasaheb bhimrao ambedkar university act : 1 the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 32. of the babasaheb bhimrao ambedkar university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the board of management and the board of management may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 31 shall, as far as may be, apply to a reference made under this subsection.

section 33. of the babasaheb bhimrao ambedkar university act : every employee or student of the university or of a college or institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the board of management against the decision of any officer or authority of the university or of the principal of any college or institution, as the case may be, and thereupon the board of management may confirm, modify or reverse the decision appealed against.

section 42. of the babasaheb bhimrao ambedkar university act : notwithstanding anything contained in this act and the statutes, a the first vicechancellor shall be appointed by the visitor and the said officer shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first board of management shall consist of not more than eleven members who shall be nominated by the visitor and they shall hold office for a term of three years d the first academic council and the first planning board shall be nominated by the visitor for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the persons so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.

section 35. of the babasaheb bhimrao ambedkar university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 36. of the babasaheb bhimrao ambedkar university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 37. of the babasaheb bhimrao ambedkar university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 41. of the babasaheb bhimrao ambedkar university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary of expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 39. of the babasaheb bhimrao ambedkar university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 43. of the babasaheb bhimrao ambedkar university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 38. of the babasaheb bhimrao ambedkar university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 40. of the babasaheb bhimrao ambedkar university act : a copy of any receipt application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of , or in any other law for the time being in force.

section 8.. of the state of himachal pradesh act : allocation of seats in the existing house of the people. omitted by the state of himachal, pradesh amendment act, 15 of , s. 2 w.e.f. .

section 1. of the state of himachal pradesh act : this act may be called the state of himachal pradesh act, .

section 2. of the state of himachal pradesh act : show related subordinates in this act, unless the context otherwise requires, a administrator means the administrator appointed by the president under article 239 of the constitution b appointed day means the day which the central government may, by notification in the official gazette, appoint c article means an article of the constitution d election commission means the election commission appointed by the president under article 324 e existing union territory of himachal pradesh means the union territory of himachal pradesh as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing union territory of himachal pradesh g sitting member, in relation to either house of parliament or of the legislative assembly of the existing union territory of himachal pradesh, means a person who, immediately before the appointed day, is a member of that house or that assembly h treasury includes a subtreasury.

section 7. of the state of himachal pradesh act : on and from the appointed day, in section 27a of the representation of the people act, , in subsection 4, the words himachal pradesh shall be omitted.

section 3. of the state of himachal pradesh act : on and from the appointed day, there shall be established a new state, to be known as the state of himachal pradesh, comprising the territories which immediately before that day were comprised in the existing union territory of himachal pradesh.

section 5. of the state of himachal pradesh act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a entry 18 shall be renumbered as entry 19 and before the entry as so renumbered, the following entry shall be inserted, namely: 18. himachal pradesh......3 b entry 19 shall be omitted.

section 6. of the state of himachal pradesh act : 1 on and from the appointed day, the three sitting members of the council of states representing the existing union territory of himachal pradesh shall be deemed to have been duly elected under clause 4 of article 80 to fill the three seats allotted to the state of himachal pradesh in that council. 2 the term of office of such sitting membersshall remain unaltered.

section 4. of the state of himachal pradesh act : on and from the appointed day, in the first schedule to the constitution, a under the heading i. the states, after entry 17, the following entry shall be inserted, namely: 18. himachal pradesh the territories which immediately before the commencement of this constitution were being administered as if they were chief commissioners provinces under the names of himachal pradesh and bilaspur and the territories specified in subsection 1 of section 5 of the punjab reorganisation act, . b under the heading ii. the union territories, entry 2 relating to himachal pradesh shall be omitted and entries 3 to 10 shall be renumbered as entries 2 to 9 respectively.

section 9.. of the state of himachal pradesh act : provision as to sitting members. omitted by s.2, ibid. w.e.f. .

section 13. of the state of himachal pradesh act : the rules of procedure and conduct of business of the legislative assembly of the existing union territory of himachal pradesh as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of the state of himachal pradesh,subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 10. of the state of himachal pradesh act : 1 on and from the appointed day, the total number of seats in the legislative assembly of the state of himachal pradesh to be filled by persons chosen by direct election from assembly constituencies shall be sixty and the number of seats to be reserved for the scheduled castes and for the scheduled tribes of that state shall be fourteen and three respectively and the second schedule to the representation of the people act, 43 of , shall be deemed to be amended accordingly. 2 on and from the appointed day, the sixty territorial constituencies of the existing union territory of himachal pradesh shall be deemed to be the constituencies of the legislative assembly of the state of himachal pradesh and the delimitation of parliamentary and assembly constituencies order, , shall be construed accordingly. 3 every sitting member of the legislative assembly of the existing union territory of himachal pradesh representing a territorial constituency which, on the appointed day by virtue of the provisions of subsection 2, becomes a constituency of the state of himachal pradesh, shall be deemed to have been elected under article 170 to the legislative assembly of the state of himachal pradesh by that constituency. 4 notwithstanding anything contained in any other law for the time being in force, the legislative assembly of the state of himachal pradesh shall be deemed to be duly constituted on the appointed day.

section 16. of the state of himachal pradesh act : 1 in the representation of the people act, , a in the first schedule, i under the heading i. states, after entry 17, the following entry shall be inserted, namely: 18. himachal pradesh.....4 1..... ii under the heading ii. union territories, entry 6 relating to himachal pradesh shall be omitted b in the second schedule, i under the heading i. states, after entry 16, the following entry shall be inserted, namely: 17. himachal pradesh..... ii under the heading ii. union territories, entry 2 relating to himachal pradesh shall be omitted. 2 the amendments made by clauses a and b of subsection 1shall have effect in relation to the house of the people and the legislative assembly of himachal pradesh to be constituted at any time after the appointed day.

section 11. of the state of himachal pradesh act : the period of five years referred to in clause 1 of article 172 shall, in the case of the legislative assembly of the state of himachal pradesh, be deemed to have commenced on the day on which the duration of the existing legislative assembly of the union territory of himachal pradesh commenced under section 5 of the government of union territories act, 20 of .

section 17. of the state of himachal pradesh act : 1 the election commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats in the house of the people allotted to the state of himachal pradesh under section 14 and the seats assigned to the legislative assembly of the state of himachal pradesh under section 15 to singlemember territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the constitution and to the following provisions, namely: a all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience b every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency c constituencies in which seats are reserved for the scheduled castes shall be distributed in different parts of the state and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large and d constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. explanation.in this section, latest census figures mean the census figures with respect to the existing union territory of himachal pradesh or, as the case may be, of the state of himachal pradesh ascertainable from the latest census of which the finally published figures are available. 2 for the purpose of assisting it in the performance of its functions under subsection 1, the election commission shall associate with itself as associate members, 1 a all the persons or as many of them as are available who having been elected from parliamentary constituencies in the union territory of himachal pradesh, were members of the house of the people immediately before its dissolution by the order of the president published with notification no. 37/2/70/t, dated the 27th december, , of the lok sabha secretariat, in the gazette of india, dated the 27th december, , or if the delimitation of any constituencies is taken up after the first constitution, following such dissolution, of the house of the people, all the members elected to such house or as many of them as are available from parliamentary constituencies in the state of himachal pradesh and b such six of the members of the legislative assembly of the existing union territory of himachal pradesh or, as the case may be, of the state of himachal pradesh referred to in section 10 as the speaker thereof may nominate: provided that none of the associate membersshall have a right to vote or to sign any decision of the election commission. 3 if owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions ofsubsection 2. 4 the election commission shall a publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or ordersshall have the full force of law and shall not be called in question in any court. 5 as soon as may be after such publication, every such order relating to parliamentary constituenciesshall be laid before the house of the people and every such order relating to assembly constituenciesshall be laid before the legislative assembly. 1. subs. by act 15 of , s. 3, for clause a w.e.f. .

section 12. of the state of himachal pradesh act : the persons who immediately before the appointed day . are the speaker and the deputy speaker of the legislative assembly of the union territory of himachal pradesh shall be the speaker and the deputy speaker, respectively, of the legislative assembly of the state of himachal pradesh on and from that day.

section 14. of the state of himachal pradesh act : in the house of the people to be constituted after the appointed day, there shall be allotted four seats to the state of himachal pradesh of which one seatshall be reserved for the scheduled castes.

section 15. of the state of himachal pradesh act : the total number of seats in the legislative assembly of the state of himachal pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixtyeight of which sixteen seatsshall be reserved for the scheduled castes and three seatsshall be reserved for the scheduled tribes.

section 21. of the state of himachal pradesh act : 1 on and from the appointed day, there shall be a separate high court for the state of himachal pradesh hereinafter referred to as the high court of himachal pradesh. 2 the principal seat of the high court of himachal pradesh shall be at simla.

section 19. of the state of himachal pradesh act : 1 on and from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the first schedule. 2 on and from the appointed day, the constitution scheduled castes union territories order, , shall stand amended as directed in the second schedule.

section 20. of the state of himachal pradesh act : 1 on and from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the third schedule. 2 on and from the appointed day, the constitution scheduled tribes union territories order, , shall stand amended as directed in the fourth schedule.

section 18. of the state of himachal pradesh act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under section 17 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to a parliamentary or an assembly constituency shall be laid, as soon as may be after it is issued, before the house of the people or, as the case may be, the legislative assembly.

section 26. of the state of himachal pradesh act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of delhi shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of himachal pradesh.

section 22. of the state of himachal pradesh act : 1 the president may, if he thinks fit, direct that such of the judges of the high court of delhi holding office immediately before the appointed day as may be determined by him, shall on that day cease to be judges of the high court of delhi and become judges of the high court of himachal pradesh. 2 the persons who by virtue of subsection 1 becomes judges of the high court of himachal pradesh shall, except in the case where any such person is appointed to be the chief justice of the high court, rank in that court according to the priority of their respective appointments as judges of the high court of delhi.

section 23. of the state of himachal pradesh act : the high court of himachal pradesh shall have, in respect of any part of the territories comprised in the state of himachal pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court of delhi.

section 24. of the state of himachal pradesh act : 1 subject to any rule made or direction given by the high court of himachal pradesh in this behalf, any person who immediately before the appointed day is an advocate entitled to practise in the high court of delhi shall be entitled to practise as an advocate in the high court of himachal pradesh. 2 the right of audience in the high court of himachal pradesh shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the high court of delhi. 3 on and from the appointed day, in the advocates act, 25 of hereafter in this section referred to as the advocates act, in section 3, a in subsection 1, for clause d, the following clauses shall be substituted, namely: d for the states of punjab and haryana and the union territory of chandigarh, to be known as the bar council of punjab and haryana dd for the state of himachal pradesh, to be known as the bar council of himachal pradesh b in clause b of subsection 2, after the words bar council of orissa, the words , the bar council of himachal pradesh shall be inserted. 4 the provisions of section 17 of the advocates act shall have effect in respect of the roll of the bar council of himachal pradesh subject to the modifications that a for clause a of subsection 1 of the said section 17, the following clause shall be substituted, namely: a all persons who were entered as advocates on the roll of the bar council of punjab and haryana immediately before the day appointed under clause b of section 2 of the state of himachal pradesh act, , and who within three months from that day express in such manner as the bar council of india may, by rules, prescribe an intention in writing to practise within the jurisdiction of the bar council of himachal pradesh b in clause a of subsection 3 of the said section 17, for the words and figures with his date of enrolment under the indian bar councils act, 38 of , the words with his seniority on the roll of the bar council of punjab and haryana shall be substituted. 5 notwithstanding anything contained in the advocates act as amended or modified by subsections 3 and 4, a in the case of the first bar council of himachal pradesh under that act, the fifteen members required to be elected under clause b of subsection 2 of section 3 of that act, as amended by subsection 3, shall be nominated by the chief justice of the high court of himachal pradesh from amongst advocates who are entitled as of right to practise in the high court of himachal pradesh and are ordinarily practising within the territories comprised in the state of himachal pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the council or until their successors are duly elected in accordance with the provisions of the said act, whichever is earlier b until the members of the first bar council of himachal pradesh required to be nominated under clause a are duly nominated in accordance with the provisions of that clause, the bar council of punjab and haryana shall function as the bar council of himachal pradesh and the provisions of the advocates act shall, so far as may be, apply accordingly c the names of persons entered on the roll of the bar council of himachal pradesh in accordance with the provisions of clause a of subsection 1 of section 17 of the advocates act, as modified by subsection 4, shall, as from the date or dates on which the names are so entered, stand removed from the roll of the bar council of punjab and haryana d any proceedings which may be pending or which may be instituted against any person before or by the bar council of punjab and haryana immediately before his name is removed under clause c from the roll of that bar council may after such removal be continued or instituted before or by the bar council of himachal pradesh e every person who immediately before his name stands removed from the roll of the bar council of punjab and haryana in accordance with the provisions of clause c is a member of the bar council of punjab and haryana shall cease to be a member of that council as from the date on which his name stands so removed from the roll of that bar council f the rules made or deemed to have been made by the bar council of punjab and haryana and in force immediately before the date on which the first bar council of himachal pradesh is duly constituted in accordance with the provisions of clause a shall, subject to such modifications and adaptations as may be made therein by the chairman of the bar council of himachal pradesh, be deemed to be rules made by the bar council of himachal pradesh and shall have effect accordingly. 6 as soon as may be, after the first bar council of himachal pradesh is duly constituted in accordance with the provisions of clause a of subsection 5, the assets and liabilities of the bar council of punjab and haryana shall be apportioned between that bar council and the bar council of himachal pradesh in such manner and proportion as may be agreed upon by the two bar councils and in default of agreement with reference to any matter, the matter shall be referred to the chairman of the bar council of india and his decision thereon shall be final. explanation.expressions used in this section but not defined in this act shall have the meanings assigned to them respectively in the advocates act.

section 29. of the state of himachal pradesh act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of delhi and the judges and division courts thereof, shall, with the necessary modifications, apply in relation to the high court of himachal pradesh.

section 25. of the state of himachal pradesh act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of delhi shall, with the necessary modifications, apply in relation to the high court of himachal pradesh.

section 27. of the state of himachal pradesh act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of delhi shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of himachal pradesh.

section 28. of the state of himachal pradesh act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of delhi and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of himachal pradesh.

section 30. of the state of himachal pradesh act : 1 except as hereinafter provided, the high court of delhi shall, on and from the appointed day, have no jurisdiction in respect of the territories comprised in the state of himachal pradesh. 2 such proceedings pending in the high court of delhi immediately before the appointed day as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of himachal pradesh shall, as soon as may be after such certification, be transferred to the high court of himachal pradesh. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 23, but save as hereinafter provided, the high court of delhi shall have, and the high court of himachal pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of delhi before the appointed day: provided that if, after any such proceedings have been entertained by the high court of delhi, it appears to the chief justice of that high court that they ought to be transferred to the high court of himachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of delhi a before the appointed day, in any proceedings transferred to the high court of himachal pradesh by virtue of subsection 2 or b in any proceedings with respect to which the high court delhi retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court of delhi, but also as an order made by the high court of himachal pradesh. explanation.for the purposes of this section a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 33. of the state of himachal pradesh act : 1 the president may, at any time before the appointed day, authorise by order such expenditure from the consolidated fund of the state of himachal pradesh as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of himachal pradesh: provided that the governor of himachal pradesh may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of himachal pradesh for any period not extending beyond the said period of six months. 2 the president or, as the case may be, the governor of himachal pradesh shall make separate orders undersubsection 1 in respect of periods falling in different financial years.

section 31. of the state of himachal pradesh act : any person who, immediately before the appointed day, is an advocate entitled to practice in the high court of delhi and was authorised to appear or to act in any proceedings transferred from that high court to the high court of himachal pradesh under section 30 shall have the right to appear or to act, as the case may be, in the high court of himachal pradesh in relation to those proceedings.

section 32. of the state of himachal pradesh act : nothing in this part shall affect the application to the high court of himachal pradesh of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 35. of the state of himachal pradesh act : the allowances and privileges of the governor of himachal pradesh shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 34. of the state of himachal pradesh act : 1 the reports of the comptroller and auditorgeneral of india referred to in section 49 of the government of union territories act, 20 of , relating to the accounts of the existing union territory of himachal pradesh in respect of any period prior to the appointed day, shall be submitted to the governor of himachal pradesh who shall cause them to be laid before the legislative assembly of the state. 2 the governor may, by order, a declare any expenditure incurred out of the consolidated fund of the existing union territory of himachal pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 36. of the state of himachal pradesh act : the president shall, by order, determine the grantsinaid of the revenues of the state of himachal pradesh and the share of that state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the union duties of excise distribution act, 3 of , the additional duties of excise goods of special importance act, 58 of , the estate duty distribution act, 9 of , and the constitution distribution of revenues order, c.o. 87, in such manner as he thinks fit.

section 37. of the state of himachal pradesh act : 1 all such property and assets within the existing union territory of himachal pradesh as are held immediately before the appointed day by the union for purposes of governance of that union territory shall, on and from that day, pass to the state of himachal pradesh, unless the purposes for which such property and assets are so held are union purposes: provided that the cash balances in the treasuries in the union territory of himachal pradesh before the appointed day shall, as from that day, vest in the state of himachal pradesh. 2 all rights, liabilities and obligation other than those relatable to, or in connection with, a union purpose, whether arising out of any contract or otherwise, which are, immediately before the appointed day, a the rights, liabilities and obligations of the central government arising out of, or in connection with, the governance of the union territory of himachal pradesh or b the rights, liabilities and obligations of the administrator of the existing union territory of himachal pradesh in his capacity as such, or of the government of that union territory, shall, on and from the appointed day, be the rights, liabilities and obligations of the government of the state of himachal pradesh. 3 the right to recover arrears of a any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution, or b any duty referred to in article 268, or c any tax under the central sales tax act, 74 of , which have fallen due in the existing union territory of himachal pradesh shall pass to the state of himachal pradesh. 4 the provisions of this section shall not apply to or in relation to, a any benefit or burden of any assets, rights, liabilities or obligations of the union under the punjab reorganisation act, 31 of attributable to the transferred territories as defined in the said act b any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day met from out of the consolidated fund of india c any property which has been placed by the union at the disposal of the administration of the existing union territory of himachal pradesh subject to the condition that the ownership thereof will continue to vest in the union. explanation.for the purposes of this section a liability includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong b union purposes mean the purposes of government relatable to any of the matters mentioned in the union list.

section 42. of the state of himachal pradesh act : 1 nothing in this section or sections 40 and 41 shall be deemed to affect on or after the appointed day the operations of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the state of himachal pradesh: provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 40 or section 41 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person allocated under section 40 or deemed to have been allocated under section 41 in connection with the administration of union territory of himachal pradesh, shall be deemed to have been rendered in connection with the affairs of the state of himachal pradesh for the purposes of the rules regulating his conditions of service.

section 38., of union in relation to transferred territories under act 31 of . of the state of himachal pradesh act : 1 in this section, the expression successor states and transferred territories have the meaning respectively assigned to them in the punjab reorganisation act, . 2 the central government may, by order, transfer to the state of himachal pradesh the benefit or burden of any assets rights, liabilities or obligations of the union under the punjab reorganisation act, , in so far as such benefit or burden is, in the opinion of the central government, attributable to the transferred territories. 3 an order made under subsection 2 may provide that the state of himachal pradesh shall be successor state in relation to the transferred territories for all or any of the purposes of the punjab reorganisation act, , or confer or impose on the state of himachal pradesh rights and obligations which correspond so far as may be to the rights and obligations conferred or imposed on the successor states by or under that act. 4 without prejudice to the provisions of section 49, the central government may, for the purpose of giving effect to the provisions of this section, by order, direct that the provisions of part vi, part vii, part viii and part ix and connected provisions of the punjab reorganisation act, , shall have effect subject to such exceptions and modifications as may be specified in the order.

section 43. of the state of himachal pradesh act : every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the administration of the union territory of himachal pradesh, shall continue to hold the same post or office in the state of himachal pradesh and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, the state of himachal pradesh provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.

section 41. of the state of himachal pradesh act : show related subordinates 1 every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of the administrator of the union territory of himachal pradesh shall, unless otherwise directed by an order of the central government, be deemed to have been allocated for service as from that day in connection with the affairs of the state of himachal pradesh: provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day: provided further that nothing in this section shall affect the operation of section 82 of the punjab reorganisation act, 31 of . 2 the provisions of this section shall not apply in relation to persons to whom the provisions of sections 39 and 40 apply.

section 39. of the state of himachal pradesh act : 1 in this section, the expression state cadre, a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 on and from the appointed day, there shall be constituted for the state of himachal pradesh a state cadre of the indian administrative service, a state cadre of the indian police service and a state cadre of the indian forest service. 3 the initial strength and composition of each of the said state cadres shall be such as the central government may, by order, determine before the appointed day. 4 such of the members of each of the said services borne on the union territories cadre thereof immediately before the appointed day, as the central government may, by order, specify, shall be allocated to the state cadre of himachal pradesh of the same service with effect from such date or dates as may be specified in the order. 5 nothing in this section shall be deemed to affect the operation after the appointed day of the allindia services act 61 of , or the rules or regulations made thereunder in relation to the state cadres of the said services referred to in subsection 2 or subsection 4 and in relation to the members of those services borne on the state cadres.

section 40. of the state of himachal pradesh act : 1 on and from the appointed day, there shall be constituted for the state of himachal pradesh the following services, namely:, a the himachal pradesh administrative service and b the himachal pradesh police service. 2 the initial strength and composition of the cadres of the said services shall be such as the administrator of the existing union territory of himachal pradesh may, with the approval of the central government, by order, determine before the appointed day. 3 on and from the appointed day, the existing delhi, himachal pradesh and andaman and nicobar islands civil service hereinafter referred to as the existing civil service shall be known as the delhi and andaman and nicobar islands civil service and delhi, himachal pradesh and andaman and nicobar islands police service hereinafter referred to as the existing police service shall be known as the delhi and andaman and nicobar islands police service. 4 such members of the existing civil service as the central government may, by order, specify shall be allocated to the cadre of the himachal pradesh administrative service and such members of the existing police service as the central government may, by order, specify, shall be allocated to the cadre of the himachal pradesh police service and any such order may specify the date or dates from which the allocation made thereunder shall be effective. 5 all persons who are allocated under subsection 4 and who immediately before the date on which they are allocated, are borne on a select list for promotion to a state cadre of an allindia service, shall be deemed to have been included in the same order as in that list in the select list for promotion to the state cadre of the same service constituted under subsection 2 of section 39. 6 subject to the foregoing provisions of this section, the rules and regulations applicable to or in relation to the members of the existing civil service and the existing police service as in force immeditefy before the appointed day shall, so far as may, be apply respectively to and in relation to the members of the himachal pradesh administrative service and the himachal pradesh police service, until altered, repealed or amended by the competent authority. 7 every member of the central health service who immediately before the appointed day is holding any post in the existing union territory of himachal pradesh being a post included in the authorised strength of that service, shall, until otherwise directed by the central government, be deemed to be on deputation, on and from the appointed day, to the government of the state of himachal pradesh on the same terms and conditions of service as are applicable to him under the central health service rules, , but without any deputation allowance: provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. explanation.in this subsection, central health service means the central health service constituted under the central health service rules, .

section 46. of the state of himachal pradesh act : on and from the appointed day a in article 210, in clause 2, the following proviso shall be inserted at the end, namely provided that in relation to the legislature of the state of himachal pradesh this clause shall have effect as if for the words fifteen years occurring therein, the words twentyfive years were substituted. b in article 239a, in clause 1, the words himachal pradesh shall be omitted.

section 44. of the state of himachal pradesh act : the central government may, by order establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 45. of the state of himachal pradesh act : the central government may give such directions to the government of the state of himachal pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and also the provisions of part ix of the punjab reorganisation act, 31 of , and the state government shall comply with such directions.

section 52. of the state of himachal pradesh act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 47. of the state of himachal pradesh act : on and from the appointed day, in clause a of section 15 of the states reorganisation act, , i for the word punjab, the words punjab, himachal pradesh shall be substituted ii for the words himachal pradesh and chandigarh, the words and chandigarh shall be substituted.

section 48. of the state of himachal pradesh act : on and from the appointed day, in the government of union territories act, , in clause b of subsection 1 of section 2 and in subsection 2 of section 44, the words himachal pradesh shall be omitted.

section 49. of the state of himachal pradesh act : 1 all laws in force, immediately before the appointed day, in the existing union territory of himachal pradesh shall continue to be in force in the state of himachal pradesh until altered, repealed or amended by a competent legislature or other competent authority. 2 for the purpose of facilitating the application in relation to the state of himachal pradesh of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government and as respects any other law, the government of the state of himachal pradesh.

section 50. of the state of himachal pradesh act : notwithstanding that no provision or insufficient provision has been made under section 49 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of himachal pradesh, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 54. of the state of himachal pradesh act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before such house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for in two successive sessions, and if, before the expiry of the sessions in which it is so laid or the session immediately following w.e.f. .

section 51. of the state of himachal pradesh act : all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory of himachal pradesh or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions.

section 53. of the state of himachal pradesh act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before each house of parliament.

section 8. of the delimitation act : show related subordinates the commission shall, having regard to the provisions of articles 81, 170, 330 and 332, and also, in relation to the union territories, except national capital territory of delhi, sections 3 and 39 of the government of union territories act, 20 of and in relation to the national capital territory of delhi subclause b of clause 2 of article 239aa, by order, determine, a on the basis of the census figures as ascertained at the census held in the year and subject to the provisions of section 4, the number of seats in the house of the people to be allocated to each state and determine on the basis of the census figures as ascertained at the census held in the year 1 the number of seats, if any, to be reserved for the scheduled castes and for the scheduled tribes of the state and b on the basis of the census figures as ascertained at the census held in the year and subject to the provisions of section 4, the total number of seats to be assigned to the legislative assembly of each state and determine on the basis of the census figures as ascertained at the census held in the year 1 the number of seats, if any, to be reserved for the scheduled castes and for the scheduled tribes of the state: provided that the total number of seats assigned to the legislative assembly of any state under clause b shall be an integral multiple of the number of seats in the house of the people allocated to that state under clause a. . for the purposes of delimitation of assembly and parliamentary constituencies, the words and figures census held in the year wherever occurring, shall be construed as words and figures census held in the year vide act no. 34 of , s. 621b w.e.f. . 1. subs. by act 3 of , s. 4, for w.e.f. .

section 3. of the delimitation act : as soon as may be after the commencement of this act, the central government shall constitute a commission to be called the delimitation commission which shall consist of three members as follows: a one member, who shall be a person who is or has been a judge of the supreme court, to be appointed by the central government who shall be the chairperson of the commission b the chief election commissioner or an election commissioner nominated by the chief election commissioner, ex officio: provided that after the nomination of an election commissioner as a member under this clause, no further nomination under this clause shall be made except to fill the casual vacancy of such member under section 6 and c the state election commissioner of concerned state, ex officio. 1explanation. for the purposes of clause c, the state election commissioner of concerned state, i in respect of the duties of the commission relating to a state other than the states of meghalaya, mizoram and nagaland, means the state election commissioner appointed by the governor of that state under clause 1 of article 243k and ii in respect of the duties of the commission relating to the state of meghalaya or the state of mizoram or the state of nagaland, as the case may be, means a person nominated by the governor of that state for such purposes. 1. subs. by act 3 of , s. 2, for the explanation w.e.f. .

section 4. of the delimitation act : 1 the readjustment made, on the basis of the census figures as ascertained at the census held in the year by the delimitation commission constituted under section 3 of the delimitation act, 76 of , of the allocation of seats in the house of the people to the several states and the total number of seats in the legislative assembly of each state shall be deemed to be the readjustment made by the commission for the purposes of this act. 2 subject to the provisions of subsection 1 and any other law for the time being in force, the commission shall readjust the division of each state into territorial constituencies for the purpose of elections to the house of the people and to the state legislative assembly on the basis of the census figures as ascertained at the census held in the year 1: provided that where on such readjustment only one seat is allocated in the house of the people to a state, the whole of that state shall form one territorial constituency for the purpose of elections to the house of the people from that state. 1. subs. by act 3 of , s. 3, for w.e.f. .

section 7. of the delimitation act : 1 the commission shall determine its own procedure and shall, in the performance of its functions, have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the production of any document and c requisitioning any public record from any court or office. 2 the commission shall have power to require any person to furnish any information on such points or matters as in the opinion of the commission may be useful for, or relevant to, any matter under the consideration of the commission. 3 the commission may authorise any of its members to exercise any of the powers conferred on it by clauses a to c of subsection 1 and subsection 2, and any order made or act done in exercise of any of those powers by the member authorised by the commission in that behalf shall be deemed to be the order or act, as the case may be, of the commission. 4 if there is a difference of opinion among the members, the opinion of the majority shall prevail, and acts and orders of the commission shall be expressed in terms of the views of the majority. 5 the commission as well as any group of associate members shall have power to act notwithstanding the temporary absence of a member or associate member or the existence of a vacancy in the commission or in that or any other group of associate members and no act or proceeding of the commission or of any group of associate members shall be invalid or called in question on the ground merely of such temporary absence or of the existence of such vacancy. 6 the commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of . explanation.for the purposes of enforcing the attendance of witnesses, the local limits of the jurisdiction of the commission shall be the limits of the territory of india.

section 2. of the delimitation act : in this act, unless the context otherwise requires, a article means an article of the constitution b associate member means a member nominated under section 5 c commission means the delimitation commission constituted under section 3 d election commission means the election commission referred to in article 324 e member means a member of the commission and includes the chairperson and f state includes a union territory having a legislative assembly 1 1. the words but does not include the state of jammu and kashmir omitted by act 34 of , s. 62 w.e.f. .

section 9. of the delimitation act : show related subordinates 1 the commission shall, in the manner herein provided, then, distribute the seats in the house of the people allocated to each state and the seats assigned to the legislative assembly of each state as readjusted on the basis of census to singlemember territorial constituencies and delimit them on the basis of the census figures as ascertained, at the census held in the year 1, having regard to the provisions of the constitution, the provisions of the act specified in section 8 and the following provisions, namely: a all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience b every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency c constituencies in which seats are reserved for the scheduled castes shall be distributed in different parts of the state and located, as far as practicable, in those areas where the proportion of their population to the total is comparatively large and d constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total is the largest. 2 the commission shall a publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the gazette of india and in the official gazettes of all the states concerned and also in such other manner as it thinks fit b specify a date on or after which the proposals shall be further considered by it c consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place or places in each state as it thinks fit and d thereafter by one or more orders determine i the delimitation of parliamentary constituencies and ii the delimitation of assembly constituencies, of each state. for the purposes of delimitation of assembly and parliamentary constituencies, the words and figures census held in the year wherever occurring, shall be construed as words and figures census held in the year vide act no. 34 of , s. 621b w.e.f. . 1 subs. by act 3 of , s. 4, for w.e.f. .

section 6. of the delimitation act : if the office of the chairperson or of a member or of an associate member falls vacant owing to his death or resignation, it shall be filled as soon as may be practicable by the central government or the speaker concerned under and in accordance with the provisions of section 3 or, as the case may be, of section 5.

section 5. of the delimitation act : 1 the commission shall associate with itself for the purpose of assisting it in its duties in respect of each state, ten persons five of whom shall be members of the house of the people representing that state and five shall be members of the legislative assembly of that state: provided that where the number of members of the house of the people representing any state is five or less, then, all such members shall be the associate members for that state and in the latter case the total number of associate members shall be less than ten by such number as by which the total number of members of the house of the people representing that state is less than five. 2 the persons to be so associated from each state shall be nominated, in the case of the members of the house of the people, by the speaker of that house, and in the case of members of a legislative assembly, by the speaker of that assembly, having due regard to the composition of the house or, as the case may be, of the assembly. 3 the first nominations to be made under subsection 2 a shall be made by the speakers of the several legislative assemblies within one month, and by the speaker of the house of the people within two months, of the commencement of this act and b shall be communicated to the chief election commissioner, and where the nominations are made by the speaker of a legislative assembly, also to the speaker of the house of the people. 4 none of the associate members shall have a right to vote or to sign any decision of the commission. 5 the commission shall have power to call upon a the registrargeneral and census commissioner, india or his nominee or b the surveyor general of india or his nominee or c any other officer of the central government or state government or d any expert in geographical information system or e any other person, whose expertise and knowledge are considered necessary by the commission to provide assistance to it in addition to the assistance provided by the persons referred to in subsection 1 and the officers and persons so called upon shall be duty bound to assist the commission. 6 the secretary to the election commission shall be the ex officio secretary of the commission and shall discharge his functions with the assistance of the employees of the election commission under the supervision of the chairperson of the commission.

section 1. of the delimitation act : this act may be called the delimitation act, .

section 10. of the delimitation act : show related subordinates 1 the commission shall cause each of its orders made under section 8 or section 9 to be published in the gazette of india and in the official gazettes of the states concerned and simultaneously cause such orders to be published at least in two vernacular newspapers and publicize on radio, television and other possible media available to the public and after such publication in the official gazettes of the states concerned, every district election officer shall cause to be affixed, the gazette version of such orders relating to the area under his jurisdiction, on a conspicuous part of his office for public notice. 2 upon publication in the gazette of india, every such order shall have the force of law and shall not be called in question in any court. 3 as soon as may be after such publication, every such order shall be laid before the house of the people and the legislative assemblies of the states concerned. 4 subject to the provisions of subsection 5, the readjustment of representation of the several territorial constituencies in the house of the people or in the legislative assembly of a state and the delimitation of those constituencies provided for in any such order shall apply in relation to every election to the house or to the assembly, as the case may be, held after the publication in the gazette of india of that order and shall so apply in supersession of the provisions relating to such representation and delimitation contained in any other law for the time being in force or any order or notification issued under such law in so far as such representation and delimitation are inconsistent with the provisions of this act: 1provided that nothing in this subsection shall apply to the delimitation orders published in relation to the state of jharkhand. 5 nothing in this section shall affect the representation in the house of the people or in the legislative assembly of a state until the dissolution of the house or of the assembly, as the case may be, existing on the date of publication in the gazette of india of the final order or orders of the commission relating to the delimitation of parliamentary constituencies or, as the case may be, of the assembly constituencies of that state and any byeelection to fill any vacancy in such house or in any such assembly shall be held on the basis of the provisions of the laws and orders superseded by subsection 4 as if the said provisions had not been superseded. 6 the commission shall endeavour to complete and publish each of its orders referred to in subsection 1 in the manner provided in that subsection, 2within a period not later than 31st day of july, under section 3. 1. ins. by act 9 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for within two years of the constitution of the commission w.e.f. .

section 12. of the delimitation act : the delimitation act, 76 of , is hereby repealed.

section 10a. of the delimitation act : 110a.deferment of delimitation in certain casesnotwithstanding anything contained in sections 4, 8 and 9, if the president is satisfied that a situation has arisen whereby the unity and integrity of india is threatened or there is a serious threat to the peace and public order, he may, by order, defer the delimitation exercise in a state. 2 every order made under this section shall be laid before each house of parliament. 1. ins. by s. 3, ibid.w.e.f. .

section 10b. of the delimitation act : notwithstanding anything contained in subsection 2 of section 10, the final orders relating to readjustment of number of seats and delimitation of constituencies in respect of the state of jharkhand published under the said section vide order o.n. 63e, dated 30th april, and o.n. 110e, dated 17th august, shall have no legal effect and the delimitation of the constituencies as it stood before the publication of the said orders shall continue to be in force until the year in relation to every election to the house of the people or to the legislative assembly, as the case may be, held after the commencement of the delimitation amendment act, 9 of .

section 11. of the delimitation act : 1 the election commission may, from time to time, by notification in the gazette of india and in the official gazette of the state concerned, a correct any printing mistake in any of the orders made by the commission under section 9 or any error arising therein from an inadvertent slip or omission and b where the boundaries or name of any district or any territorial division mentioned in any of the said orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the orders uptodate, so, however, that the boundaries or areas or extent of any constituency shall not be changed by any such notification. 1provided that the election commission may make such amendments, as appear to it to be necessary or expedient, for bringing the said orders uptodate by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of india and fiftyone enclaves of bangladesh with effect from 31st july, , in pursuance of the constitution one hundredth amendment act, . 2 every notification under this section shall be laid, as soon as may be after it is issued, before the house of the people and the legislative assembly of the state concerned. 1. the proviso ins. by act 10 of , s. 3 w.e.f. .

section 4. of the shillong rifle range and umlong cantonments assimilation of laws act : if any difficulty arises in relation to the transition under section 3 from one law or group of laws to another law or group of laws, the central government may, by order notified in the official gazette, make such provisions as it considers necessary for the removal of the difficulty.

The Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act, 1954

section 1. of the shillong rifle range and umlong cantonments assimilation of laws act : 1 this act may be called the shillong rifle range and umlong cantonments assimilation of laws act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 16th august, , see gazette of india , part ii, s. 3.

section 3. of the shillong rifle range and umlong cantonments assimilation of laws act : 1 all laws which immediately before the appointed day extend to, or are in force in the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is herby declared that section 6 of the general clauses act, 10 of shall apply in relation to such successor as it applies in relation to the repeal of an enactment by a central act. 2 all laws which immediately before the appointed day extend to, or in force in, the khasi and jaintia hills district shall as from that day extend to and be in force in the scheduled areas.

section 2. of the shillong rifle range and umlong cantonments assimilation of laws act : in this act: a appointed day means the date appointed under subsection 2 of section 1 for the coming into force of this act. b law means so much of any act, ordinance, regulation, rule, order or byelaw as relates to any of the matters enumerated in lists i and iii in the seventh schedule to the constitution c scheduled areas means, the areas specified in the schedule.

section 2. xv of repealed. of the broach and kaira incumbered estates act :

section 11., rent due to superior holder, allowance for maintenance and expenses of debtor and family, cost of improvements, c. of the broach and kaira incumbered estates act :

section 28., made by restored thakur valid only for his life. of the broach and kaira incumbered estates act :

section 8. of the indian treasuretrove act : if, upon an enquiry made under section 7, the collector sees reason to believe that the treasure was hidden within one hundred years before the date of the finding, by a person appearing as required by the said notification and claiming such treasure, or by some other person under whom such person claims, the collector shall make an order adjourning the hearing of the case for such period as he deems sufficient, to allow of a suit being instituted in the civil court by the claimant, to establish his right.

section 1. of the indian treasuretrove act : this act may be called the indian treasuretrove act, . extent.it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states. 2 state amendment maharashtra in the principal act,in section 1, i to the second paragraph the following proviso shall be added, namely: provided that on the commencement of the indian treasuretrove extension to hyderabad and saurashtra area of bombay state act, bom. xxxiii of , this act shall also extend to and be in force in, the hyderabad and saurashtra area of the state of bombay. ii against the proviso so inserted the marginal note commencement in certain areas shall be inserted vide bombay act xxxiii of , s. 3 1. subs. by the adaptation of laws no. 2 order, , for part b states. 2. the words and it shall come into force at once. rep. by act 10 of , s. 3 and the second schedule.

section 2.. of the indian treasuretrove act : repeal of enactments. rep. by the repealing and amending act, 12 of , s. 2 and the first schedule.

section 7. of the indian treasuretrove act : on the day notified under section 5, the collector shall cause the treasure to be produced before him, and shall enquire as to and determine a the person by whom, the place in which, and the circumstances under which, such treasure was found and b as far as is possible the person by whom, and the circumstances under which, such treasure was hidden.

section 3. of the indian treasuretrove act : in this act treasure. treasure means anything of any value hidden in the soil, or in anything affixed thereto collector. collector means 1 any revenue officer in independent charge of a district, and 2 any officer appointed by the state government to perform the functions of a collector under this act. owner.owner means when any person is entitled, under any reservation in an instrument of transfer of any land or thing affixed thereto, to treasure in such land or thing, he shall, for the purposes of this act, be deemed to be the owner of such land or thing.

section 5. of the indian treasuretrove act : on receiving a notice under section 4, the collector shall, after making such enquiry if any as he thinks fit, take the following steps namely: a he shall publish a notification in such manner as the state government from time to time prescribes in this behalf, to the effect that, on a certain date mentioning it certain treasure mentioning its nature, amount and approximate value was found in a certain place mentioning it and requiring all persons claiming the treasure, or any part thereof, to appear personally or by agent before the collector on a day and at a place therein mentioned, such day not being earlier than four months, or later than six months, after the date of the publication of such notification b when the place in which the treasure appears to the collector to have been found was at the date of the finding in the possession of some person other than the finder, the collector shall also serve on such person a special notice in writing to the same effect.

section 10. of the indian treasuretrove act : when a declaration has been made in respect of any treasure under section 9, such treasure shall, in accordance with the provisions hereinafter contained, either be delivered to the finder thereof, or be divided between him and the owner of the place in which it has been found in manner hereinafter provided.

section 4. of the indian treasuretrove act : whenever any treasure exceeding in amount or value ten rupees is found, the finder shall, as soon as practicable, give to the collector notice in writing a of the nature and amount or approximate value of such treasure b of the place in which it was found c of the date of the finding and either deposit the treasure in the nearest government treasury, or give the collector such security as the collector thinks fit, to produce the treasure at such time and place as he may from time to time require.

section 6. of the indian treasuretrove act : any person having any right to such treasure or any part thereof, as owner of the place in which it was found or otherwise, and not appearing as required by the notification issued under section 5, shall forfeit such right.

section 12. of the indian treasuretrove act : when a declaration has been made as aforesaid in respect of any treasure, and only one person other than the finder of such treasure has so appeared and claimed, and the claim of such person is not disputed by the finder, the collector shall proceed to divide the treasure between the finder and the person so claiming according to the following rule namely: if the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure, threefourths of the treasure shall be allotted to such finder and the residue to such person. if such finder and such person have entered into any such agreement, the treasure shall be disposed of in accordance therewith: provided that the collector may in any case, if he thinks fit, instead of dividing any treasure as directed by this section, a allot to either party the whole or more than his share of such treasure, on such party paying to the collector for the other party such sum of money as the collector may fix a s the equivalent of the share of such other party, or of the excess so allotted, as the case may be or b sell such treasure or any portion thereof by public auction and divide the saleproceeds between the parties according to the rule hereinbefore prescribed: provided also, that when the collector has by his declaration under section 9 rejected any claim made under this act by any person other than the said finder or person claiming as owner of the place in which the treasure was found, such division shall not be made until after the expiration of two months without an appeal having been presented under section 9 by the person whose claim has been so rejected, or, when an appeal has been so presented, after such appeal has been dismissed. when the collector has made a division under this section, he shall deliver to the parties the portions of such treasure, or the money in lieu thereof, to which they are respectively entitled under such division.

section 15. of the indian treasuretrove act : if any such suit is instituted and the plaintiffs claim is finally established therein, the collector shall, subject to the provisions of section 12, divide the treasure between him and the finder. if no such suit is instituted as aforesaid, or if the claims of the plaintiffs in all such suits are finally rejected, the collector shall deliver the treasure to the finder.

section 9. of the indian treasuretrove act : if upon such enquiry the collector sees no reason to believe that the treasure was so hidden or if, where a period is fixed under section 8, no suit is instituted as aforesaid within such period to the knowledge of the collector or if such suit is instituted within such period, and the plaintiffs claim is finally rejected the collector may declare the treasure to be ownerless. appeal against such declaration.any person aggrieved by a declaration made under this section may appeal against the same within two months from the date thereof to the chief controlling revenue authority.1 subject to such appeal, every such declaration shall be final and conclusive. 1. for definition of chief controlling revenue authority, see the general clauses act, 10 of , s. 310.

section 11. of the indian treasuretrove act : when a declaration has been made in respect of any treasure as aforesaid, and no person other than the finder of such treasure has appeared as required by the notification published under section 5 and claimed a share of the treasure as owner of the place in which it has been found, the collector shall deliver such treasure to the finder thereof.

section 16. of the indian treasuretrove act : the collector may, at any time after making a declaration under section 9, and before delivering or dividing the treasure as hereinbefore provided, declare by writing under his hand his intention to acquire on behalf of the government the treasure, or any specified portion thereof, by payment to the persons entitled thereto of a sum equal to the value of the materials of such treasure or portion, together with onefifth of such value, and may place such sum in deposit in his treasury to the credit of such persons and thereupon such treasure or portion shall be deemed to be the property of government, and the money so deposited shall be dealt with, as far as is may be, as if it were such treasure or portion.

section 18. of the indian treasuretrove act : a collector making any enquiry under this act may exercise any power conferred by the code of civil procedure1 14 of on a civil court for the trial of suits. 1. see now the code of civil procedure, 5 of .

section 13. of the indian treasuretrove act : when a declaration has been made as aforesaid in respect of any treasure, and two or more persons have appeared as aforesaid and each of them claimed as owner of the place where such treasure was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure, the collector shall retain such treasure and shall make an order staying his proceedings with a view to the matter being enquired into and determined by a civil court.

section 14. of the indian treasuretrove act : any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the civil court to obtain a decree declaring his right and in every such suit the finder of the treasure and all persons disputing such claim before the collector shall be made defendants.

section 17. of the indian treasuretrove act : no decision passed or act done by the collector under this act shall be called in question by any civil court, and no suit or other proceeding shall lie against him for anything done in good faith in exercise of the powers hereby conferred.

section 21. of the indian treasuretrove act : if the owner of the place in which any treasure is found abets, within the meaning of the indian penal code 45 of , any offence under section 20, the share of such treasure, or the money in lieu thereof to which he would otherwise be entitled, shall vest in government, and he shall, on conviction before a magistrate, be punished with imprisonment which may extend to six months, or with fine, or with both. state amendment maharashtra after section 21, the following section be inserted, namely: 22. repeal and savings.the hyderabad treasuretrove act, f hyd. iii of f , and the indian treasuretrove act, , as modified and applied by the state of saurashtra application of central and bombay acts ordinance, san. ord. xxv of , are hereby repealed: provided that, notwithstanding such repeal, anything done or action taken including any notice or security given, any forfeiture, determination, declaration, delivery, division, acquisition or order made, all rights, obligations and liabilities acquired, accrued or incurred, penalties imposed, and all proceedings and appeals pending before the collector, chief controlling revenue authority, talukdar, subedar, board of revenue or other authority, and all powers conferred therefor by or under the provisions of any law so repealed shall be deemed to be done, taken given, made, acquired, accrued, incurred, imposed, pending or conferred, under the provisions of this act, as if this act had then been in force and accordingly all such proceedings and appeals pending before any such authority as aforesaid shall stand transferred, where necessary, to the corresponding authority under this act and if no such authority exists or if there be a doubt as to the corresponding authority, to such authority as the state government may designate, and shall be continued and disposed of before such authority in accordance with the provisions of this act, vide bombay act xxxiii of , s. 3

section 19. of the indian treasuretrove act : the state government may, from time to time, make rules consistent with this act, to regulate proceedings hereunder. such rules shall, on being published in the official gazette, have the force of law.

section 20. of the indian treasuretrove act : if the finder of any treasure fails to give the notice, or does not either make the deposit or give the security, required by section 4, or alters or attempts to alter such treasure so as to conceal its identity, the share of such treasur e, or the money in lieu thereof to which he would otherwise be entitled, shall vest in government, and he shall, on conviction before a magistrate, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

section 3. of the khaddar protection of name act : repealed.rep. by the repealing and amending act, 36 of s. 2 and first schedule.

section 2.the words khaddar and khadi to be trade description of the khaddar protection of name act : the words khaddar and khadi, whether in hindi or in any other indian language or in english, when applied to any woven material, shall be deemed to be a trade description within the meaning of the indian merchandise marks act, 40 of , indicating that such material is cloth woven on handlooms in india from cotton, silk or woolen yarn handspun in india or from a mixture of any two or all of such yarns.

section 1. of the khaddar protection of name act : 1 this act may be called the khaddar protection of name act, . 2 it extends to the whole of india except the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the contempt of courts act : nothing contained in this act shall be construed as implying that any other defence which would have been a valid defence in any proceedings for contempt of court has ceased to be available merely by reason of the provisions of this act.

section 1. of the contempt of courts act : show related subordinates 1 this act may be called the contempt of courts act, . 2 it extends to the whole of india: 1 1. the proviso omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the contempt of courts act : 1 notwithstanding anything contained in this act, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding before any court sitting in chambers or in camera except in the following cases, that is to say, a where the publication is contrary to the provisions of any enactment for the time being in force b where the court, on grounds of public policy or in exercise of any power vested in it, expressly prohibits the publication of all information relating to the proceeding or of information of the description which is published c where the court sits in chambers or in camera for reasons connected with public order or the security of the state, the publication of information relating to those proceedings d where the information relates to a secret process, discovery or invention which is an issue in proceedings. 2 without prejudice to the provisions contained in subsection 1, a person shall not be guilty of contempt of court for publishing the text or a fair and accurate summary of the whole, or any part, of an order made by a court sitting in chambers or in camera, unless the court has expressly prohibited the publication thereof on grounds of public policy, or for reasons connected with public order or the security of the state, or on the ground that it contains information relating to a secret process, discovery or invention, or in exercise of any power vested in it.

section 2. of the contempt of courts act : in this act, unless the context otherwise requires, a contempt of court means civil contempt or criminal contempt b civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court c criminal contempt means the publication whether by words, spoken or written, or by signs, or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which i scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court or ii prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding or iii interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner d high court means the high court for a state or a union territory, and includes the court of the judicial commissioner in any union territory.

section 3. of the contempt of courts act : 1 a person shall not be guilty of contempt of court on the ground that he has published whether by words, spoken or written, or by signs, or by visible representations, or otherwise any matter which interferes or tends to interfere with, or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding pending at that time of publication, if at that time he had no reasonable grounds for believing that the proceeding was pending. 2 notwithstanding anything to the contrary contained in this act or any other law for the time being in force, the publication of any such matter as is mentioned in subsection 1 in connection with any civil or criminal proceeding which is not pending at the time of publication shall not be deemed to constitute contempt of court. 3 a person shall not be guilty of contempt of court on the ground that he has distributed a publication containing any such matter as is mentioned in subsection 1, if at the time of distribution he had no reasonable grounds for believing that it contained or was likely to contain any such matter as aforesaid: provided that this subsection shall not apply in respect of the distribution of i any publication which is a book or paper printed or published otherwise than in conformity with the rules contained in section 3 of the press and registration of books act, 25 of ii any publication which is a newspaper published otherwise than in conformity with the rules contained in section 5 of the said act. explanation.for the purposes of this section, a judicial proceeding a is said to be pending a in the case of a civil proceeding, when it is instituted by the filing of a plaint or otherwise, b in the case of a criminal proceeding under the code of criminal procedure, 5 of , or any other law i where it relates to the commission of an offence, when the chargesheet or challan is filed, or when the court issues summons or warrant, as the case may be, against the accused, and ii in any other case, when the court takes cognizance of the matter to which the proceeding relates, and in the case of a civil or criminal proceeding, shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired b which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending.

section 4. of the contempt of courts act : subject to the provisions contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof.

section 9. of the contempt of courts act : nothing contained in this act shall be construed as implying that any disobedience, breach, publication or other act is punishable as contempt of court which would not be so punishable apart from this act.

section 10. of the contempt of courts act : every high court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts of courts subordinate to it as it has and exercises in respect of contempts of itself: provided that no high court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the indian penal code 45 of .

section 5. of the contempt of courts act : a person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided.

section 6. of the contempt of courts act : a person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to a any other subordinate court, or b the high court, to which it is subordinate. explanation.in this section, subordinate court means any court subordinate to a high court.

section 11. of the contempt of courts act : a high court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.

section 12. of the contempt of courts act : 1 save as otherwise expressly provided in this act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. explanation.an apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. 2 notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in subsection 1 for any contempt either in respect of itself or of a court subordinate to it. 3 notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court, if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit. 4 where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of each such person: provided that nothing contained in this subsection shall render any such person liable to such punishment if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission. 5 notwithstanding anything contained in subsection 4, where the contempt of court referred to therein has been committed by a company and it is proved that the contempt has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contempt and the punishment may be enforced, with the leave of the court, by the detention in civil prison of such director, manager, secretary or other officer. explanation.for the purpose of subsections 4 and 5, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 18. of the contempt of courts act : 1 every case of criminal contempt under section 15 shall be heard and determined by a bench of not less than two judges. 2 subsection 1 shall not apply to the court of a judicial commissioner.

section 13. of the contempt of courts act : 113. contempts not punishable in certain cases.notwithstanding anything contained in any law for the time being in force, a no court shall impose a sentence under this act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of justice b the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide. 1. subs. by act 6 of , s. 2, for section 13 w.e.f. .

section 14. of the contempt of courts act : 1 when it is alleged, or appears to the supreme court or the high court upon its own view, that a person has been guilty of contempt committed in its presence or hearing, the court may cause such person to be detained in custody, and, at any time before the rising of the court, on the same day, or as early as possible thereafter, shall a cause him to be informed in writing of the contempt with which he is charged b afford him an opportunity to make his defence to the charge c after taking such evidence as may be necessary or as may be offered by such person and after hearing him, proceed, either forthwith or after adjournment, to determine the matter of the charge and d make such order for the punishment or discharge of such person as may be just. 2 notwithstanding anything contained in subsection 1, where a person charged with contempt under that subsection applies, whether orally or in writing, to have the charge against him tried by some judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, and the court is of opinion that it is practicable to do so and that in the interests of proper administration of justice the application should be allowed, it shall cause the matter to be placed, together with a statement of the facts of the case, before the chief justice for such directions as he may think fit to issue as respects the trial thereof. 3 notwithstanding anything contained in any other law, in any trial of a person charged with contempt under subsection 1 which is held, in pursuance of a direction given under subsection 2, by a judge other than the judge or judges in whose presence or hearing the offence is alleged to have been committed, it shall not be necessary for the judge or judges in whose presence or hearing the offence is alleged to have been committed to appear as a witness and the statement placed before the chief justice under subsection 2 shall be treated as evidence in the case. 4 pending the determination of the charge, the court may direct that a person charged with contempt under this section shall be detained in such custody as it may specify: provided that he shall be released on bail, if a bond for such sum of money as the court thinks sufficient is executed with or without sureties conditioned that the person charged shall attend at the time and place mentioned in the bond and shall continue to so attend until otherwise directed by the court: provided further that the court may, if it thinks fit, instead of taking bail from such person, discharge him on his executing a bond without sureties for his attendance as aforesaid.

section 15. of the contempt of courts act : 1 in the case of a criminal contempt, other than a contempt referred to in section 14, the supreme court or the high court may take action on its own motion or on a motion made by a the advocategeneral, or b any other person, with the consent in writing of the advocategeneral, 1 or 1 c in relation to the high court for the union territory of delhi, such law officer as the central government may, by notification in the official gazette, specify in this behalf, or any other person, with the consent in writing of such law officer. 2 in the case of any criminal contempt of a subordinate court, the high court may take action on a reference made to it by the subordinate court or on a motion made by the advocategeneral or, in relation to a union territory, by such law officer as the central government may, by notification in the official gazette, specify in this behalf. 3 every motion or reference made under this section shall specify the contempt of which the person charged is alleged to be guilty. explanation.in this section, the expression advocategeneral means, a in relation to the supreme court, the attorneygeneral or the solicitorgeneral b in relation to the high court, the advocategeneral of the state or any of the states for which the high court has been established c in relation to the court of a judicial commissioner, such law officer as the central government may, by notification in the official gazette, specify in this behalf 1. ins. by act 45 of , s. 2 w.e.f. .

section 16. of the contempt of courts act : 1 subject to the provisions of any law for the time being in force, a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable and the provisions of this act shall, so far as may be, apply accordingly. 2 nothing in this section shall apply to any observations or remarks made by a judge, magistrate or other person acting judicially, regarding a subordinate court in an appeal or revision pending before such judge, magistrate or other person against the order or judgment of the subordinate court.

section 19. of the contempt of courts act : 1 an appeal shall lie as of right from any order or decision of the high court in the exercise of its jurisdiction to punish for contempt a where the order or decision is that of a single judge, to a bench of not less than two judges of the court b where the order or decision is that of a bench, to the supreme court: provided that where the order or decision is that of the court of the judicial commissioner in any union territory, such appeal shall lie to the supreme court. 2 pending any appeal, the appellate court may order that a the execution of the punishment or order appealed against be suspended b if the appellant is in confinement, he be released on bail and c the appeal be heard notwithstanding that the appellant has not purged his contempt. 3 where any person aggrieved by any order against which an appeal may be filed satisfies the high court that he intends to prefer an appeal, the high court may also exercise all or any of the powers conferred by subsection 2. 4 an appeal under subsection 1 shall be filed a in the case of an appeal to a bench of the high court, within thirty days b in the case of an appeal to the supreme court, within sixty days, from the date of the order appealed against.

section 17. of the contempt of courts act : 1 notice of every proceeding under section l5 shall be served personally on the person charged, unless the court for reasons to be recorded directs otherwise. 2 the notice shall be accompanied, a in the case of proceedings commenced on a motion, by a copy of the motion as also copies of the affidavits, if any, on which such motion is founded and b in case of proceedings commenced on a reference by a subordinate court, by a copy of the reference. 3 the court may, if it is satisfied that a person charged under section 15 is likely to abscond or keep out of the way to avoid service of the notice, order the attachment of his property of such value or amount as it may deem reasonable. 4 every attachment under subsection 3 shall be effected in the manner provided in the code of civil procedure, 5 of , for the attachment of property in execution of a decree for payment of money, and if, after such attachment, the person charged appears and shows to the satisfaction of the court that he did not abscond or keep out of the way to avoid service of the notice, the court shall order the release of his property from attachment upon such terms as to costs or otherwise as it may think fit. 5 any person charged with contempt under section 15 may file an affidavit in support of his defence, and the court may determine the matter of the charge either on the affidavits filed or after taking such further evidence as may be necessary, and pass such order as the justice of the case requires.

section 24. of the contempt of courts act : show related subordinates the contempt of courts act, 32 of , is hereby repealed.

section 20. of the contempt of courts act : no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

section 21. of the contempt of courts act : nothing contained in this act shall apply in relation to contempt of nyaya panchayats or other village courts, by whatever name known, for the administration of justice, established under any law.

section 23. of the contempt of courts act : show related subordinates the supreme court or, as the case may be, any high court, may make rules, not inconsistent with the provisions of this act, providing for any matter relating to its procedure.

section 22. of the contempt of courts act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law relating to contempt of courts.

section 7. of the foreigners act : 1 it shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect of foreigners accommodated in such premises, as may be prescribed. explanation.the information referred to in this subsection may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion. 2 every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keeper for the purpose of furnishing the information referred to in subsection 1. 3 the keeper of every such premises shall maintain a record of the information furnished by him under subsection 1 and of the information obtained by him under subsection 2 and such record shall be maintained in such manner and preserved for such period as may be prescribed, and shall at all times be open to inspection by any police officer or by a person authorised in this behalf by the district magistrate. 1 4 if in any area prescribed in this behalf the prescribed authority by notice published in such manner as may in the opinion of the authority be best adapted for informing the persons concerned so directs, it shall be the duty of every person occupying or having under his control any residential premises to submit to such person and in such manner such information in respect of foreigners accommodated in such premises as may be specified and the provisions of subsection 2 shall apply to every person accommodated in any such premises. 1. ins. by act 38 of , s. 6.

section 1. of the foreigners act : 1 this act may be called the foreigners act, . 2 it extends to the whole of 1 india 2. 1. this act has been extended to goa, daman and diu with modifications by reg. 12 of , s. 3 and sch. pondicherry with modifications vide notification no. g.s.r. , dated , gazette of india, part ii, sec. 3 i, p. , and brought into force in dadra and nagar haveli by reg. 6 of , s. 2 and sch. i, lakshadweep, minicoy and amindivi island vide reg. 8 of , s. 3 and sch. w.e.f. , the state of sikkim vide notification no. g.s.r. 41 e, dated w.e.f. . 2. the words except the state of hyderabad, ins. by the a.o. , omitted by act 3 of , s. 3 and the sch.

section 2. of the foreigners act : in this act 1a foreigner means a person who is not a citizen of india 2 b prescribed means prescribed by orders made under this act c specified means specified by direction of a prescribed authority. 1. subs. by act 11 of , s. 2, for the former clause w.e.f. . 2. clause aa ins. by the a.o. , omitted by act 3 of , s. 3 and the sch.

section 6. of the foreigners act : 1 the master of any vessel landing or embarking at a part in 1 india passengers coming to or going from that port by sea and the pilot of any aircraft landing or embarking at any place in 1 india passengers coming to or going from that place by air, shall furnish to such person and in such manner as may be prescribed a return giving the prescribed particulars with respect to any passenger or members of the crew, who are foreigners. 2 any district magistrate and any commissioner of police or, where there is no commissioner of police, any superintendent of police may, for any purpose connected with the enforcement of this act or any order made thereunder, require the master of any such vessel or the pilot of any such aircraft to furnish such information as may be prescribed in respect of passengers or members of the crew on such vessel or aircraft, as the case may be. 3 any passenger on such vessel or such aircraft and any member of the cr ew of such vessel or aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case may be, any information required by him for the purpose of furnishing the return referred to in subsection 1 or for furnishing the information required under subsection 2. 2 4 if any foreigner enters india in contravention of any provision of this act or any order made thereunder, the prescribed authority may, within two months from the date of such entry, direct the master of the vessel or the pilot of the aircraft on which suc h entry was effected or the owner or the agent of the owner of such vessel or aircraft, to provide, to the satisfaction of the said authourity and otherwise than at the expense of government, accommodation on a vessel or aircraft for the purpose of removing the said foreigner from india. 5 the master of any vessel or the pilot of any aircraft which is about to carry passengers from a port or place in india to any destination outside india, or the owner or the agent of the owner of any such vessel or aircraft shall, if so directed by the central government and on tender of payment therefore at the current rates, provide on the vessel or aircraft accommodation to such port or place outside india, being a port or place at which the vessel or aircraft is due to call, as the central government may specify, for any foreigner ordered under section 3 not to remain in india and for his dependents, if any, travelling with him. 2 6 for the purposes of this section a master of a vessel and pilot of any aircraft, shall include any person authorised by such master or pilot, as the case may be, to discharge on his behalf any of the duties imposed on him by this section b passenger means any person not being a bona fide member of the crew, travelling or seeking to travel on a vessel or aircraft. 1. subs. by act 38 of , s. 2, for british india. 2. subsections 4 and 5 ins. and the original subsection 4 renumbered as 6 by s. 5, ibid.

section 7a. of the foreigners act : 17a. power to control places frequented by foreigners.1 the prescribed authority may, subject to such conditions as may be prescribed, direct the owner or person having control of any premises used as a restaurant or a place of public resort or entertainment or as a club and frequented by foreigners a to close such premises either entirely or during specified periods, or b to use or permit the use of such premises only under such conditions as may be specified, or c to refuse admission to such premises either to all foreigners or to any specified foreigner or class of foreigner. 2 a person to whom any direction has been given under subsection 1 shall not, while such direction remains in force, use or permit to be used any other premises for any of the aforesaid purposes, except with the previous permission in writing of the prescirbed authority and in accordance with any conditions which that authority may think fit to impose. 3 any person to whom any direction has been given under subsection 1 and who is aggrieved thereby may, within thirty days from the date of such direction, appeal to the central government and the decision of the central government in the matter shall be final. 1. ins. by s. 7, ibid.

section 3. of the foreigners act : 1 the central government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into 1india or their departure therefrom or their presence or continued presence therein. 2 in particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner a shall not enter 1india or shall enter 1india only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed b shall not depart from 2india, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as may be prescribed c shall not remain in 2india or in any prescribed areas therein 3cc shall, if he has been required by order under this section not to remain in india, meet from any resources at his disposal the cost of his removal from india and of his maintenance therein pending such removal d shall remove himself to, and remain in, such area in 2india as may be prescribed e shall comply with such conditions as may be prescribed or specified i requiring him to reside in a particular place ii imposing any restrictions on his movements iii requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified iv requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified v requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescrib ed or specified vi prohibiting him from association with persons of a prescribed or specified description vii prohibiting him from engaging in activities of a prescribed or specified description viii prohibiting him from using or possessing prescribed or specified articles ix otherwise regulating his conduct in any such particular as may be prescribed or specified f shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions 4g shall be arrested and detained or confined and may make provision 5for any matter which is to be or may be prescribed and for such incidental and supplementary matters as may, in the opinion of the central government, be expedient or necessary for giving effect to this act. 53 any authority prescribed in this behalf may with respect to any particular foreigner make orders under clause e 6or clause f of subsection 2. 1. this act has been extended to goa, daman and diu with modifications by reg. 12 of , s. 3 and sch. pondicherry with modifications vide notification no. g.s.r. , dated , gazette of india, part ii, sec. 3 i, p. , and brought into force in dadra and nagar haveli by reg. 6 of , s. 2 and sch. i, lakshadweep, minicoy and amindivi island vide reg. 8 of , s. 3 and sch. w.e.f. , the state of sikkim vide notification no. g.s.r. 41 e, dated w.e.f. . 2. subs. by act 38 of , s. 2, for british india. 3. ins. by s. 4, ibid. 4. ins. by act 42 of , s. 3. the former brackets, letters and words g shall be arrested and detained or confined were omitted by act 11 of , s. 3 w.e.f. . 5. ins. by act 38 of , s. 4. 6. subs. by act 11 of , s. 3, for clause f or clause g w.e.f. .

section 8. of the foreigners act : 1 when a foreigner is recongnised as a national by the law of more than one foreign country or where for any reason it is uncertain what nationality if any is to be ascribed to a foreigner, that foreigner may be treated as the national of the country with which he appears to the prescribed authority to be most closely connected for the time being in interest or sympathy or if he is of uncertain nationality, of the country with which he was last so connected: provided that where a foreigner acquired a nationality by birth, he shall, except where the central government so directs either generally or in a particular case, be deemed to retain that nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by naturalization or otherwise some other nationality and still recognized as entitled to protection by the government of the country whose nationality he has so acquired. 2 a decision as to nationality given under subsection 1 shall be final and shall not be called in question in any court: provided that the central government, either of its own motion or on an application by the foreigner concerned, may revise any such decision.

section 3a. of the foreigners act : 13a. power to exempt citizens of commonwealth countries and other persons from application of act in certain cases.1 the central government may, by order, declare that all or any of the provisions of this act or of any order made thereunder shall not apply, or shall apply only in such circumstances or with such exceptions or modifications or subject to such conditions as may be specified in the order, to or in relation to a the citizens of any such commonwealth country as may be so specified or b any other individual foreigner or class or description of foreigner. 2 a copy of every order made under this section shall be placed on the table of both houses of parliament as soon as may be after it is made. 1. ins. by s. 4, ibid. w.e.f. .

section 4. of the foreigners act : show related subordinates 1 1 any foreigner hereinafter referred to as an internee in respect of whom there is in force any order made under clause g of subsection 2 of section 3, directing that he be detained or confined, shall be detained or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the central government may from time to time by order determine. 2 any foreigner hereinafter referred to as a person on parole in respect of whom there is in force an order under clause e of subsection 2 of section 3 requiring him to reside at a place set apart for the residence under supervision of a number of foreigners, shall while residing therein be subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the central government may from time to time by order determine. 2 3 no person shall a knowingly assist an internee or a person on parole to escape from custody or the place set apart for his residence, or knowingly harbour an escaped internee or person on parole, or b give an escaped internee or person on parole any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the internee or the person on parole. 4 the central government may, by order, provide for regulating access to, and the conduct of persons in, places in india where internees or persons on parole are detained or restricted, as the case may be, and for prohibiting or regulating the despatch or conveyance from outside such places to or for internees or persons on parole therein of such articles as may be prescribed. 1. ins. by act 42 of , s. 3. the former subsection 1 was omitted by act 11 of , s. 5 w.e.f. . 2. subs. by s. 3, ibid., for subsections 3 and 4.

section 5. of the foreigners act : 1 no foreigner who was in 1india on the date on which this act came into force shall, while in 1india after that date, assume or use or purport to assume or use for any purpose any name other than that by which he was ordinarily known immediately before the said date. 2 where, after the date on which this act came into force, any foreigner carries on or purports to carry on whether alone or in association with any other person any trade or business under any name or style, other than that under which that trade or busin ess was being carried on immediately before the said date, he shall, for the purposes of sub section 1, be deemed to be using a name other than that by which he was ordinarily known immediately before the said date. 3 in relation to any foreigner who, not having been in 1india on the date on which this act came into force, thereafter enters 1india, subsections 1 and 2 shall have effect as if for any reference in those subsections to the date on which this act came into force there were substituted a reference to the date on which he first enters 1india thereafter. 4 for the purposes of this section a the expression name includes a surname, and b a name shall be deemed to be changed if the spelling thereof is altered. 5 nothing in this section shall apply to the assumption or use a of any name in pursuance of a 2 licence or permission granted by the central government or b by any married woman, of her husbands name. 1. subs. by act 38 of , s. 2, for british india. 2. the word royal omitted by act 11 of , s. 6 w.e.f. .

section 9. of the foreigners act : if in any case not falling under section 8 any question arises with reference to this act or any order made or direction given thereunder, whether any person is or is not a foreigner or is or is not a foreigner of a particular class or description the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall notwithstanding anything contained in the indian evidence act, 1 of , lie upon such person.

section 10. of the foreigners act : power to exempt from application of act. rep. by the foreigners laws amendment act, 11 of , s. 7 w.e.f. .

section 11. of the foreigners act : show related subordinates 1 any authority empowered by or under or in pursuance of the provisions of this act to give any direction or to exercise any other power, may, in addition to any other action expressly provided for in this act, take, or cause to be taken such steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be. 2 any police officer may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any order made or direction given under or in pursuance of the provisions of this act or for preventing or rectifying any breach of such order or direction. 3 the power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.

section 14. of the foreigners act : 114. penalty for contravention of provisions of the act, etc.whoever. a remains in any area in india for a period exceeding the period for which the visa was issued to him b does any act in violation of the conditions of the valid visa issued to him for his entry and stay in india or any part thereunder c contravenes the provisions of this act or of any order made thereunder or any direction given in pursuance of this act or such order for which no specific punishment is provided under this act, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine and if he has entered into a bond in pursuance of clause f of subsection 2 of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the convicting court why such penalty should not be paid by him. explanation.for the purposes of this section, the expression visa shall have the same meaning as assigned to it under the passport entry into india rules, made under the passport entry into india act, 34 of . 1. subs. by act 16 of , for s. 14 w.e.f. .

section 13., to contravene the provisions of this act, etc of the foreigners act : 1 any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of, the provisions of this act or of any order made or direction given thereunder, or fails to comply with any direction given in pursuance of any such order, shall be deemed to have contravened the provisions of this act. 2 any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this act or of any order made or direction given thereunder, gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention. 3 the master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves 1 india in contravention of any order made under, ordirection given in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this act. 1. subs. by act 38 of , s. 2, for british india.

section 12. of the foreigners act : any authority upon which any power to make or give any direction, consent or permission or to do any other act is conferred by this act or by any order made thereunder may, unless express provision is made to the contrary, in writing authorise, conditionally or otherwise, any authority subordinate to it to exercise such power on its behalf, and thereupon the said subordinate authority shall, subject to such conditions as may be contained in the authorisation, be deemed to be the authority upon which such power is conferred by or under this act.

section 14a. of the foreigners act : whoever. a enters into any area in india, which is restricted for his entry under any order made under this act, or any direction given in pursuance thereof, without obtaining a permit from the authority, notified by the central government in the official gazette, for this purpose or remains in such area beyond the period specified in such permit for his stay or b enters into or stays in any area in india without the valid documents required for such entry or for such stay, as the case may be, under the provisions of any order made under this act or any direction given in pursuance thereof, shall be punished with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees and if he has entered into a bond in pursuance of clause f of subsection 2 of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting court why such penalty should not be paid by him.

section 14b. of the foreigners act : whoever knowingly uses a forged passport for entering into india or remains therein without the authority of law for the time being in force shall be punishable with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees but may extend to fifty thousand rupees.

section 16. of the foreigners act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of the registration of foreigners act, 16 of , the indian passport act, 34 of , and of any other enactment for the time being in force.

section 15. of the foreigners act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 14c. of the foreigners act : whoever abets any offence punishable under section 14 or section 14a or section 14b shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence. explanation.for the purposes of this section, i an act or offence is said to be committed in consequence of the abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the offence ii the expression abetment shall have the same meaning as assigned to it under section 107 of the indian penal code 45 of .

section 17. of the foreigners act : repeals. rep. by the repealing and amending act, 35 of , s. 2 and sch. i.

section 8. of the indian statistical institute act : 1 the central government may constitute as many committees as and when it considers necessary consisting of such number of persons as it thinks fit to appoint thereto and assign to each such committee all or any of the following duties, namely: a the preparation and submission to the central government as far as possible before the commencement of each financial year, of statements showing programmes of work agreed to be undertaken by the institute during that year for which the central government may provide funds, as well as general financial estimates in respect of such work and b the settlement on broad lines of the programme of such work. 2 where the institute does not agree to undertake any work suggested by any committee referred to in subsection 1, it shall give to the central government its reasons for not so agreeing.

section 1. of the indian statistical institute act : 1 this act may be called the indian statistical institute act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st april, , vide notification no. s.o. 584e, dated 2nd march, , see gazette of india, extraordinary, part ii, sec 3ii.

section 2. of the indian statistical institute act : in this act, unless the context otherwise requires. a institute means the indian statistical institute registered under the societies registration act, 21 of b memorandum means the memorandum of association of the institute filed with the registrar of jointstock companies under the societies registration act, 21 of c rules and regulations includes any rule or regulation by whatever name called which the institute is competent to make in the exercise of the powers conferred on it under the societies registration act, 21 of , but shall not include any byelaws or standing orders made under the rules and regulations for the conduct of its daytoday administration.

section 7. of the indian statistical institute act : notwithstanding anything contained in the societies registration act, 21 of , or in the memorandum or rules and regulations, the institute shall not, except with the previous approval of the central government, a alter, extend or abridge any of the purposes for which it has been established or for which it is being used immediately before the commencement of this act, or amalgamate itself either wholly or partially with any other institution or society or b alter or amend in any manner the memorandum or rules and regulations or c sell or otherwise dispose of any property acquired by the institute with money specifically provided for such acquisition by the central government: provided that no such approval shall be necessary in the case of any such movable property or class of movable property as may be specified by the central government in this behalf by general or special order or d be dissolved.

section 3. of the indian statistical institute act : whereas the objects of the institution known as the indian statistical institute are such as to make it an institution of national importance, it is hereby declared that the indian statistical institute is an institution of national importance.

section 4. of the indian statistical institute act : notwithstanding anything contained in the university grants commission act, 3 of , or in any other law for the time being force, the institute may hold such examinations and grant such degrees and diplomas in 1statistics, mathematics, quantitative economics, computer science and such other subjects related to statistics as may be determined by the institute from time to time. 1. subs. by act 38 of , s. 2, for statistics w.e.f. .

section 10. of the indian statistical institute act : the institute shall be bound to afford all necessary facilities to any committee constituted under section 8 or section 9 for the purpose of enabling it to carry out its duties.

section 9. of the indian statistical institute act : 1 the central government may constitute a committee consisting of such number of persons as it thinks fit to appoint thereto for the purpose of a reviewing the work done by the institute and the progress made by it b inspecting its buildings, equipment and other assets c evaluating the work done by the institute and d advising government generally on any matter which in the opinion of the central government is of importance in connection with the work of the institute and the committee shall submit its reports thereon in such manner as the central government may direct. 2 notice shall be given in every case to the institute of the intention to cause a review, inspection or evaluation to be made, and the institute shall be entitled to appoint a representative who shall have the right to be present and be heard at such review, inspection or evaluation. 3 the central government may address the chairman of the institute with reference to the result of such review, inspection or evaluation as disclosed in any report of the committee referred to in subsection 1, and the chairman shall communicate to the central government the action, if any, taken thereon. 4 when the central government has, in pursuance of subsection 3, addressed the chairman of the institute in connection with any matter, and the chairman does not within a reasonable time take action to the satisfaction of the central government in respect thereof, the central government may, after considering any explanations furnished or representations made on behalf of the institute, issue such directions as it considers necessary in respect of any of the matters dealt with in the report.

section 11. of the indian statistical institute act : 1 the central government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the institute, such directions as it thinks fit to the institute, and such directions may include directions requiring the institute a to amend the memorandum or to make or amend any rule or regulation within such period as may be specified in the directions b to give priorities to the work undertaken or to be undertaken by the institute in such manner as the central government may think fit to specify in this behalf. 2 any directions issued under this section shall have effect, notwithstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the institute.

section 5., by central government to the institute. of the indian statistical institute act : for the purpose of enabling the institute to discharge efficiently its functions, including research, education, training, project activities and statistical work relating to planning for national development, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise.

section 6. of the indian statistical institute act : 1 the accounts of the institute shall be audited by auditors duly qualified to act as auditors of companies under the companies act, 1 of , and the institute shall appoint such auditors as the central government may, after consultation with the comptroller and auditorgeneral of india and the institute, select. 2 the central government may issue such directions to the auditors in the performance of their duties as it thinks fit. 3 every such auditor in the performance of his duties shall have at all reasonable times access to the registers, books of account, records and other documents of the institute. 4 the auditors shall submit their report to the institute and shall also forward a copy thereof to the central government for its information.

section 12. of the indian statistical institute act : 1 if, in the opinion of the central government, i the institute without just or reasonable cause has made default in giving effect to any direction issued under subsection 4 of section 9 or section 11 or ii the council of the institute has exceeded or abused its powers in relation to the institute or any part thereof the central government may, by written order, direct the institute within a period to be specified in the order to show cause to the satisfaction of the central government against the making of any appointment referred to in subsection 2. 2 if, within the period fixed by any order issued under subsection 1, cause is not shown to the satisfaction of the central government, the central government may, by order published in the official gazette and stating the reasons therefore, appoint one or more persons to take charge of the institute or any part thereof for such period not exceeding two years as may be specified in the order. 3 notwithstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the institute, on the issue of an order under subsection 2, during the period specified in that order, a where the order provides for any person or persons being in charge of the institute i all persons holding office as members of the council, including the chairman, shall be deemed to have vacated their offices as such ii the person or persons appointed under subsection 2 to be in charge of the institute shall exercise all the powers and perform all the duties of the chairman or council of the institute, whether at a meeting or otherwise, in respect of the institute b where the order provides for any person or persons being in charge of any part of the institute, the person or persons so appointed shall alone be entitled to exercise all the powers and perform all the duties of the chairman or council in relation to that part.

section 8. of the private security agencies regulation act : show related subordinates 1 an application for renewal of licence shall be made to the controlling authority, not less than fortyfive days before the date of expiry of the period of validity thereof, in suchform as may be prescribed and shall be accompanied by the requisite fee and other documents required under sections 6, 7 and 11 of this act. 2 the controlling authority shall pass an order on application for renewal of licence within thirty days from the date of receipt of application complete in all respects. 3 on receipt of an application under subsection 1, the controlling authority may, after making such inquiries as he considers necessary and by order in writing, renew the licence or refuse to renew the same: provided that no order of refusal shall be made except after giving the applicant a reasonable opportunity of being heard.

section 1. of the private security agencies regulation act : 1 this act may be called the private security agencies regulation act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .. 2. 14th march, , vide notification no. s.o. 317e, dated 15th march, , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 5. of the private security agencies regulation act : show related subordinates an application for issue of a licence under this act shall only be considered from a person after due verification of his antecedents.

section 7. of the private security agencies regulation act : show related subordinates 1 an application for grant of licence to a private security agency shall be made to the controlling authority in such form as may be prescribed. 2 the applicant shall submit an affidavit incorporating the details in relation to the provisions contained in section 6, ensure the availability of the training for its private security guards and supervisors required under subsection 2 of section 9, fulfilment of conditions under section 11 and of cases registered with police or pending in a court of law involving the applicant. 3 every application under subsection 1 shall be accompanied by a fee of a rupees five thousand if the private security agency is operating in one district of a state b rupees ten thousand if the agency is operating in more than one but up to five districts of a state and c rupees twentyfive thousand if it is operating in the whole state. 4 on receipt of an application under subsection 1, the controlling authority may, after making such inquiries as it considers necessary and obtaining no objection certificate from the concerned police authority, by order in writing, either grant a licence or refuse to grant the same within a period of sixty days from the date of receipt of application with complete particulars and the prescribed fee: provided that no order of refusal shall be made unless a the applicant has been given a reasonable opportunity of being heard and b the grounds on which licence is refused is mentioned in the order. 5 a licence granted under this section a shall be valid for a period of five years unless the same is cancelled under subsection 1 of section 13 b may be renewed from time to time after the expiry of five years, for a further period of five years on payment of such fee as may be prescribed and c shall be subject to such conditions as may be prescribed.

section 3. of the private security agencies regulation act : 1 the state government shall, by notification, designate an officer not below the rank of a joint secretary in the home department of the state or an equivalent officer to be the controlling authority for the purposes of this act. 2 the state government may, for efficient discharge of functions by the controlling authority, provide it with such other officers and staff as that government considers necessary.

section 9. of the private security agencies regulation act : show related subordinates 1 every private security agency shall, within six months of obtaining the licence, commence its activities. 2 every private security agency shall ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed: provided that the person carrying on the business of private security agency, before the commencement of this act, shall ensure the required training to its security guards and supervisors within a period of one year from the date of such commencement. 3 every private security agency shall, within sixty days from the date of issue of the licence, employ such number of supervisors, as may be prescribed. 4 a private security agency shall not employ or engage a person as a supervisor unless he fulfils the conditions specified in subsection 1 of section 10. 5 while engaging a supervisor of private security guards, every private security agency shall give preference to a person who has experience of serving in the army, navy, air force or any other armed forces of the union or state police including armed constabularies and home guards for a period of not less than three years.

section 6. of the private security agencies regulation act : 1 a person shall not be considered for issue of a licence under this act, if he has been a convicted of an offence in connection with promotion, formation or management of a company any fraud or misfeasance committed by him in relation to the company, including an undischarged insolvent or b convicted by a competent court for an offence, the prescribed punishment for which is imprisonment of not less than two years or c keeping links with any organisation or association which is banned under any law on account of their activities which pose threat to national security or public order or there is information about such a person indulging in activities which are prejudicial to national security or public order or d dismissed or removed from government service on grounds of misconduct or moral turpitude. 2 a company, firm or an association of persons shall not be considered for issue of a licence under this act, if, it is not registered in india, or having a proprietor or a majority shareholder, partner or director, who is not a citizen of india.

section 10. of the private security agencies regulation act : show related subordinates 1 a private security agency shall not employ or engage any person as a private security guard unless he a is a citizen of india or a citizen of such other country as the central government may, by notification in the official gazette, specify b has completed eighteen years of age but has not attained the age of sixtyfive years c satisfies the agency about his character and antecedents in such manner as may be prescribed d has completed the prescribed security training successfully e fulfils such physical standards as may be prescribed and f satisfies such other conditions as may be prescribed. 2 no person who has been convicted by a competent court or who has been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the union, state police organisations, central or state governments or in any private security agency shall be employed or engaged as a private security guard or a supervisor. 3 every private security agency may, while employing a person as a private security guard, give preference to a person who has served as a member in one or more of the following, namely: i army ii navy iii air force iv any other armed forces of the union v police, including armed constabularies of states and vi home guards.

section 2. of the private security agencies regulation act : show related subordinates in this act, unless the context otherwise requires, a armoured car service means the service provided by deployment of armed guards along with armoured car and such other related services which may be notified by the central government or as the case may be, the state government from time to time b controlling authority means the controlling authority appointed under subsection 1 of section 3 c licence means a licence granted under subsection 5 of section 7 d notification means a notification published in the official gazette e prescribed means prescribed by rules made under this act f private security means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision of armoured car service g private security agency means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property h private security guard means a person providing private security with or without arms to another person or property or both and includes a supervisor i state government, in relation to a union territory, includes the administrator of that union territory appointed by the president under article 239 of the constitution.

section 4. of the private security agencies regulation act : no person shall carry on or commence the business of private security agency, unless he holds a licence issued under this act: provided that the person carrying on the business of private security agency, immediately before the commencement of this act, may continue to do so for a period of one year from the date of such commencement and if he has made an application for such licence within the said period of one year, till the disposal of such application: provided further that no private security agency shall provide private security abroad without obtaining permission of the controlling authority, which shall consult the central government before according such permission.

section 11. of the private security agencies regulation act : show related subordinates 1 the state government may frame rules to prescribe the conditions on which licence shall be granted under this act and such conditions shall include requirements as to the training which the licensee is to undergo, details of the person or persons forming the agency, obligation as to the information to be provided from time to time to the controlling authority regarding any change in their address, change of management and also about any criminal charge made against them in the course of their performance of duties of the private security agency or as the case may be, a private security guard employed or engaged by them. 2 the state government may make provision in the rules to verify about imparting of required training by the private security agency under subsection 2 of section 9 and to review continuation or otherwise of licence of such private security agency which may not have adhered to the condition of ensuring the required training.

section 12. of the private security agencies regulation act : every private security agency shall exhibit its licence or copy thereof in a conspicuous place of its business.

section 13. of the private security agencies regulation act : 1 the controlling authority may cancel any licence on any one or more of the following grounds, namely: a that the licence has been obtained on misrepresentation or suppression of material facts b that the licence holder has used false documents or photographs c that the licence holder has violated the provisions of this act or the rules made thereunder or any of the conditions of the licence d that the licence holder has misused information obtained by him during the discharge of his duties as the private security agency to any industrial or business undertaking or a company or any other person e that the licence holder by using any letterhead, advertisement or any other printed matter or in any other manner represented that the private security agency is an instrumentality of the government or such agency is or has been using a name different from that for which licence has been granted f that the licence holder is or has been impersonating or permitting or aiding or abetting any body to impersonate as a public servant g that the private security agency had failed to commence its activities or to engage a supervisor within the specified time period h that the licence holder is or has wilfully failed or refused to render the services agreed to any person i that the licence holder has done any act which is in violation of a court order or an order of a lawful authority or is or has been advising, encouraging or assisting any person to violate any such order j that the licence holder has violated the provisions of the acts given in the schedule which may be modified by the central government, by notification in the official gazette k that there have been repeated instances when the private security guard or guards provided by the private security agency i failed to provide private security or were guilty of gross negligence in not providing such security ii committed a breach of trust or misappropriated the property or a part thereof which they were supposed to protect iii were found habitually drunk or indisciplined iv were found to be involved in committing crimes or v had connived or abetted a crime against the person or property placed under their charge or l that the licence holder has done any act which poses a threat to national security, or did not provide assistance to the police or other authority in the discharge of its duties or acted in a manner prejudicial to national security or public order or law and order. 2 where the controlling authority, for reasons to be recorded in writing, is satisfied that pending the question of cancelling of licence on any of the grounds mentioned in subsection 1, it is necessary to do so, that controlling authority may, by order in writing, suspend the operation of the licence for such period not exceeding thirty days as may be specified in the order and require the licence holder to show cause, within fifteen days from the date of issue of such order, as to why the suspension of the licence should not be extended till the determination of the question of cancellation. 3 every order of suspending or cancelling of a licence shall be in writing and shall specify the reasons for such suspension or cancellation and a copy thereof shall be communicated to the person affected. 4 no order of cancellation of licence under subsection 1 shall be made unless the person concerned has been given a reasonable opportunity of being heard.

section 14. of the private security agencies regulation act : show related subordinates 1 any person aggrieved by an order of the controlling authority refusing the licence under subsection 4 of section 7 or renewal under subsection 3 of section 8 or order of suspension of licence under subsection 2 of section 13 or cancellation of licence under subsection 1 of that section, may prefer an appeal against that order to the home secretary of the state government within a period of sixty days of the date of such order: provided that an appeal may be admitted after the expiry of the said period of sixty days if the appellant satisfies the state government that he has sufficient cause for not preferring the appeal within that period. 2 every appeal under subsection 1 shall be made in such form as may be prescribed and shall be accompanied by a copy of the order appealed against. 3 before disposing of an appeal, the state government shall give the appellant a reasonable opportunity of being heard.

section 19. of the private security agencies regulation act : the state government may, by notification, direct that any power or function except the powers to make rules under section 25 a which may be exercised or performed by it, or b which may be exercised or performed by the controlling authority, under this act, may, in relation to such matter and subject to such conditions, if any, as may be specified in the notification, be also exercised or performed by such officer or authority subordinate to the government or officer subordinate to the controlling authority, as may be specified in such notification.

section 15. of the private security agencies regulation act : 1 every private security agency shall maintain a register containing a the names and addresses of the persons managing the private security agency b the names, addresses, photographs and salaries of the private security guards and supervisors under its control c the names and addresses of the persons whom it had provided private security guards or services and d such other particulars as may be prescribed. 2 the controlling authority may call for such information as it considers necessary from any private security agency, supervisor or private security guard to ensure due compliance of the act.

section 16. of the private security agencies regulation act : the controlling authority or any other officer authorised by it in this behalf may at any reasonable time, enter the premises of the private security agency and inspect and examine the place of business, the records, accounts and other documents connected with the licence and may take copy of any document.

section 21. of the private security agencies regulation act : if any private security guard or supervisor wears the uniform of the army, air force, navy or any other armed forces of the union or police or any dress having the appearance or bearing any of the distinctive marks of that uniform, he and the proprietor of the private security agency shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both.

section 17. of the private security agencies regulation act : show related subordinates 1 every private security guard shall be issued a photo identity card, by the private security agency employing or engaging the guard. 2 the photo identity card under subsection 1 shall be issued in such form as may be prescribed. 3 every private security guard or supervisor shall carry on his person the photo identity card issued under subsection 1 and shall produce it on demand for inspection by the controlling authority or any other officer authorised by it in this behalf. rules yeardescriptionfiles private security agencies central model rules,

section 20. of the private security agencies regulation act : 1 any person who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to twentyfive thousand rupees, or with both. 2 any person or private security agency who contravenes, the provisions of sections 9, 10 and 12 of the act, shall be punishable with a fine which may extend to twentyfive thousand rupees, in addition to suspension or cancellation of the licence.

section 18. of the private security agencies regulation act : 1 any person who may be or has been employed or engaged as a private security guard by the private security agency shall not divulge to anyone other than the employer, or in such manner and to such person as the employer directs, any information acquired by him during such employment with respect to the work which he has been assigned by such employer, except such disclosure as may be required under this act or in connection with any inquiry or investigation by the police or as may be required by an authority or process of law. 2 all private security guards of a private security agency shall render necessary assistance to the police or to such authority in the process of any investigation pertaining to the activities of that agency. 3 if violation of any law is noticed by any private security guard during the course of discharge of his duties, he shall bring it to the notice of his superior, who in turn shall inform the police either through his employer or agency or on his own

section 22. of the private security agencies regulation act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 23. of the private security agencies regulation act : no suit, prosecution or other legal proceeding shall lie against the controlling authority or any other officer authorised by it in respect of anything in good faith done or intended to be done under this act.

section 25. of the private security agencies regulation act : show related subordinates 1 the state government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure for verification of character and antecedents under clause c of subsection 1 of section 10 the type of training under clause d of subsection 1 of section 10 the physical standard under clause e of subsection 1 of section 10 and other conditions under clause f of subsection 1 of section 10 b the number of supervisors to be employed under subsection 3 of section 9 c the form of an application for grant of licence under subsection 1 of section 7 d the form in which the licence to be granted under subsection 4 of section 7 and conditions subject to which such licence to be granted under section 11 e the form of an application for renewal of licence under subsection 1 of section 8 f the form under subsection 2 of section 14 for preferring an appeal g particulars to be maintained in a register under subsection 1 of section 15 h the form in which photo identity card under subsection 2 of section 17 be issued i any other matter which is required to be, or may be, prescribed. 3 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house. 4 in respect of union territories, every rule made to carry out the provisions of the act shall be laid before each house of parliament and where there exists a legislative assembly, before that assembly

section 24. of the private security agencies regulation act : show related subordinates the central government may frame model rules in respect of all or any of the matters with respect to which the state government may make rules under this act, and where any such model rules have been framed the state government shall, while making any rules in respect of that matter under section 25, so far as is practicable, conform to such model rules.

section 8. of the textile undertakings nationalisation act : show related subordinates the owner of every textile undertaking shall be given by the central government, in cash and in the manner specified in chapter vi, for the transfer to, and vesting in, it, under subsection 1 of section 3, of such textile undertaking and the right, title and interest of the owner in relation to such textile undertaking, an amount equal to the amount specified against it in the corresponding entry in column 4 of the first schedule.

section 1. of the textile undertakings nationalisation act : 1 this act may be called the textile undertakings nationalisation act, . 2 the provisions of sections 31 and 32 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 1st day of april, .

section 2. of the textile undertakings nationalisation act : 1 in this act, unless the context otherwise requires, a appointed day means the 1st day of april, b bank means i the state bank of india constituted under the state bank of india act, 23 of ii a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of iii a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of iv a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of v any other bank, being a scheduled bank as defined in clause e of section 2 of the reserve bank of india act, 2 of c commissioner means a commissioner of payments appointed under section 17 d custodianmeans a custodian appointed under section 4 of the textile undertakings taking over of management act, 40 of or under section 4 of the laxmirattan and atherton west cotton mills taking over of management act, 98 of , as the case may be e national textile corporation means the national textile corporation limited formed and registered under the companies act, 1 of f notification means a notification published in the official gazette g owner, when used in relation to a textile undertaking, means any person or firm who or which is, immediately before the appointed day, the immediate proprietor or lessee or occupier of the textile undertaking or any part thereof, and in the case of a textile company which is being wound up or the business whereof is being carried on by a liquidator or receiver, includes such liquidator or receiver, and also includes any agent or manager of such owner but does not include any person or body of persons authorised under the textile undertakings taking over of management act, 40 of or under the laxmirattan and atherton west cotton mills taking over of management act, 98 of to take over the management of the whole or any part of the textile undertaking h prescribed means prescribed by rules made under this act i specified date means such date as the central government may, for the purpose of any provision of this act, by notification, specify and different dates may be specified for different provisions of this act j subsidiary textile corporation means the national textile corporation south maharashtra limited, the national textile corporation uttar pradesh limited or any other textile corporation formed by the national textile corporation as its subsidiary k textile includes yarn or fabrics made either wholly or partly of cotton, wool, jute, synthetic and artificial manmade fibres l textile company means a company being a company as defined in the companies act, 1 of specified in column 3 of the first schedule as owning the textile undertaking specified in the corresponding entry in column 2 of that schedule m textile undertaking or the textile undertaking means an undertaking specified in column 2 of the first schedule, the management of which was before the appointed day, taken over by the central government under the textile undertakings taking over of management act, 40 of , or as the case may be, under the laxmirattan and atherton west cotton mills taking over of management act, 98 of . 2 words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act.

section 7. of the textile undertakings nationalisation act : 1 an amount equal to the value of the assets of a textile undertaking transferred to, and vested in, the national textile corporation under subsection 2 of section 3, shall be deemed to be contribution made by the central government to the equity capital of the national textile corporation and for the contribution so made, the national textile corporation shall issue if necessary after amending its memorandum and articles of association to the central government paidup shares, in its equity capital, having a face value equal to the amount specified against the textile undertaking in the corresponding entry in column 4 of the first schedule. 2 where any liability assumed by the central government under this act is taken over by the national textile corporation under section 27, the central government shall surrender to that corporation the shares issued to it under subsection 1 having the face value equal to the amount to the extent to which the liability has been so taken over by the national textile corporation and thereupon the share capital of the national textile corporation shall, to the extent of the face value of the shares so surrendered, stand reduced.

section 4. of the textile undertakings nationalisation act : show related subordinates 1 the textile undertakings referred to in section 3 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts pertaining to the textile undertakings and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the textile company in relation to the said undertakings, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities and obligations specified in subsection 2 of section 5. 2 all property as aforesaid which have vested in the central government under subsection 1 of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation,mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority restricting, the use of such property in any manner shall be deemed to have been withdrawn. 3 where any licence or other instrument in relation to a textile undertaking had been granted, at any time before the appointed day to the owner by the central government or a state government or any other authority, the national textile corporation shall, on and from such date, be deemed to be substituted in such licence or other instrument in place of the owner referred to therein as if such licence or such other instrument had been granted to it and shall hold such licence or the textile undertaking specified in such other instrument for the remainder of the period for which the owner would have held such licence or the textile undertaking under such other instrument. 4 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manneras may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 5 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 2 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interest, payment of the mortgage money or other dues, in whole or in part, out of the amounts specified in relation to such property in the first schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central government under section 3, instituted or preferred by or against the textile company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the textile undertakings or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the national textile corporation. 7 any person who, on the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated, was in possession of, or had under his custody or control, the whole or any part of any textile undertaking referred to in section 3, the management of which could not be taken over by the central government by reason of any decree, order or injunction of any court or otherwise, shall deliver forthwith the possession of such undertaking or part and all books of account, registers and all other documents of whatever nature relating to such undertaking or part to the central government or the national textile corporation or such other person as the central government or the national textile corporation, as the case may be, may specify in this behalf. 1 8 notwithstanding the fact that the textile operations have been discontinued in any textile undertaking being revived, shall for all effects and purposes be deemed that the textile operations are being continued and no suit or proceeding shall be instituted or if instituted be maintainable against the national textile corporation on the ground that it has discontinued such activity in the textile undertaking. 9 for the removal of doubts, it is hereby declared that the continued deemed vesting of the leasehold land in the central government shall not affect, impair or in any manner prejudice the rights of the national textile corporation to prosecute or defend any proceedings as a subsequent vestee in respect of any such leasehold rights and no such proceedings shall fail only on account of the nonimpleadment of that government. 1 ins. by act 36 of , s. 6 w.e.f. .

section 10., of textile undertakings. of the textile undertakings nationalisation act : the national textile corporation or any person which that corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of a textile undertaking, the right, title and interest of an owner in relation to which have vested in that corporation under subsection 2 of section 3, and do all such things as the owner of the textile undertaking is authorised to exercise and do.

section 5. of the textile undertakings nationalisation act : 1 every liability, other than the liability specified in subsection 2, of the owner of a textile undertaking, in relation to the textile undertakings in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the central government or the national textile corporation. 2 any liability arising in respect of a loans advanced by the central government, or a state government, or both, to a textile undertaking together with interest due thereon after the management of such undertaking had been taken over by the central government under section 3 of the textile undertakings taking over of management act, , 40 of or as the case may be, under section 3 of the laxmirattan and atherton west cotton mills taking over of management act, 98 of b amounts advanced to a textile undertaking after the management of such undertaking had been taken over by the central government under section 3 of the textile undertakings taking over of management act, 40 of , or as the case may be, under section 3 of the laxmirattan and atherton west cotton mills taking over of management act, 98 of by the national textile corporation or by a state textile corporation, or by both, together with interest due thereon c wages, salaries and other dues of employees of the textile undertaking, in respect of any period after the management of such undertaking had been taken over by the central government, shall, on and from the appointed day, be the liability of the central government and shall be discharged, for and on behalf of that government, by the national textile corporation as and when repayment of such loans or amounts becomes due or as and when such wages, salaries or other dues become due and payable. 3 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this section or in any other section of this act, no liability, other than the liability specified in subsection 2, in relation to a textile undertaking, in respect of any period prior to the appointed day, shall be enforceable against the central government or the national textile corporation b no award, decree or order of any court, tribunal or other authority in relation to any textile undertaking, passed after the appointed day, in respect of any matter, claim or dispute in relation to any matter not referred to in subsection 2,which arosebefore that day shall be enforceable against the central government or the national textile corporation c no liability of any textile undertaking or any owner thereof in relation to any textile undertaking before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government or the national textile corporation.

section 3. of the textile undertakings nationalisation act : show related subordinates 1 on the appointed day, the right, title and interest of the owner in relation to every textile undertaking shall stand transferred to, and shall vest absolutely in, the central government. 2 every textile undertaking which stands vested in the central government by virtue of subsection 1 shall, immediately after it has so vested, stand transferred to, and vested in, the national textile corporation. 1 3 notwithstanding the transfer and vesting of any textile undertaking to the national textile corporation by virtue of subsection 2, the leasehold rights of the textile undertakings shall continue to remain vested in the central government on payment of leasehold rents and shall be discharged, for and on behalf of that government, by the national textile corporation as and when payment of such leasehold rents or any amount becomes due and payable. 4 subject to subsection 3, no court shall have jurisdiction to order divestment from the national textile corporation of the property vested in it by the central government. 1 ins. by act 36 of , s. 5 w.e.f. .

section 11. of the textile undertakings nationalisation act : if the national textile corporation considers it necessary or expedient for the better management, modernisation, restructuring or revival of a textile undertaking so to do, it may, with the previous sanction of the central government, transfer, mortgage, sell or otherwise dispose of any land, plant, machinery or any other assets of any of the textile undertakings: provided that the proceeds of no such transfer, mortgage, sale or disposal of assets shall be utilised for any purpose other than the purpose for which the sanction of the central government has been obtained.

section 6. of the textile undertakings nationalisation act : 1 the national textile corporation may, by order in writing, transfer any textile undertaking specified at serial numbers 1 to 13 in the first schedule or part of any such textile undertaking to the national textile corporation south maharashtra limited and any textile undertaking specified at serial numbers 14 and 15 in the first schedule or part of any such textile undertaking to the national textile corporation uttar pradesh limited, as the case may be, or to any other subsidiary textile corporation and any such transfer shall be subject to such terms and conditions as may be specified in the said order. 2 the subsidiary textile corporation shall, on and from the date of such transfer, be deemed to be substituted in the licence or other instrument referred to in subsection 3 of section 4 in place of the national textile corporation as if such licence or other instrument had been granted to the subsidiary textile corporation, and shall hold such licence or other instrument for the remainder of the period for which the national textile corporation would have held such licence or other instrument. 3 on the transfer to a subsidiary textile corporation of any textile undertaking or any part thereof, the liabilities of the national textile corporation, referred to in subsection 2 of section 5, shall, in so far as they relate to the textile undertaking or part thereof so transferred to the subsidiary textile corporation, become, on and from the date of such transfer, the liabilities of the subsidiary textile corporation and shall be discharged by the subsidiary textile corporation as and when any such liability is required to be discharged. 4 save as otherwise expressly provided in this act, references in this act to the national textile corporation shall, in respect of any textile undertaking or any part thereof which is transferred to a subsidiary textile corporation, be construed as references to the subsidiary textile corporation.

section 9. of the textile undertakings nationalisation act : show related subordinates 1 in consideration of the retrospective operation of the provisions of sections 3, 4 and 5, there shall be given, in cash, by the central government to the owner of every textile undertaking, the management of which was taken over by the central government, an amount equal to an amount calculated at the rate specified in section 5 of the textile undertakings taking over of management act, 40 of , or as the case may be, as specified in section 5 of the laxmirattan and atherton west cotton mills taking over of management act, 98 of for the period commencing on the appointed day and ending on the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated. 2 in addition to the amount referred to in section 8, there shall be given by the central government, in cash, to the owner of every textile undertaking, simple interest at the rate of four per cent.per annum on the amount specified against such owner in the corresponding entry in column 4 of the first schedule for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 3 the amount representing interest calculated at the rate specified in subsection 2 shall be given in addition to the amount specified in the first schedule. 4 for the removal of doubts, it is hereby declared that the liabilities of the owners in relation to the textile undertakings which have vested in the central government under section 3 shall be discharged from the amount referred to in the first schedule and also from the amounts determined under subsections 1 and 2 in accordance with the rights and interests of the creditors of the owner.

section 15. of the textile undertakings nationalisation act : 1 where the owner of a textile undertaking has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in such textile undertaking, the monies relatable to the employees, whose services have become transferred by or under this act to the national textile corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and shall vest in, the national textile corporation. 2 the monies which stand transferred, under subsection 1, to the national textile corporation shall be dealt with by that corporation in such manner as maybe prescribed.

section 12. of the textile undertakings nationalisation act : on the vesting of the management of a textile undertaking in the national textile corporation, all persons in charge of the management of such textile undertaking immediately before such vesting shall be bound to deliver to the national textile corporation all assets, books of account, registers or other documents in their custody relating to the textile undertaking.

section 13. of the textile undertakings nationalisation act : the national textile corporation shall maintain the accounts of the textile undertakings in accordance with the provisions of the companies act, 1 of .

section 14. of the textile undertakings nationalisation act : 1 every person who is a workman within the meaning of the industrial disputes act, 14 of , and has been, immediately before the appointed day, in the employment of a textile undertaking shall become, on and from the appointed day, an employee of the national textile corporation, and shall hold office or service in the national textile corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such textile undertaking had not been transferred to, and vested in, the national textile corporation, and shall continue to do so unless and until his employment in the national textile corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the national textile corporation. 2 every person who is not a workman within the meaning of the industrial disputes act, 14 of , and who has been, immediately before the appointed day, in the employment of a textile undertaking shall, in so far as such person is employed in connection with the textile undertaking which has vested in the national textile corporation, become, as from the appointed day, an employee of the national textile corporation and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the textile undertaking if it had not vested in the national textile corporation and shall continue to do so unless and until his employment in the national textile corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the national textile corporation. 3 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee of a textile undertaking to the national textile corporation shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 where, under the terms of any contract of service or otherwise, any person whose services become terminated or whose services become transferred to the national textile corporation by reason of the provisions of this act is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment, not being payment by way of gratuity or pension, such person may, except to the extent such liability has been taken over by the central government under section 5, enforce his claim against the owner of the textile undertaking but not against the central government or the national textile corporation.

section 16. of the textile undertakings nationalisation act : where any textile undertaking or any part thereof is transferred under this act to a subsidiary textile corporation, every person referred to in subsection 1 and subsection 2, of section 14 shall, on and from the date of such transfer, become an employee of the subsidiary textile corporation, and the provisions of sections 14 and 15 shall apply to such employee as they apply to an employee of the national textile corporation as if references in the said sections to the national textile corporation were references to the subsidiary textile corporation.

section 21. of the textile undertakings nationalisation act : the claims arising out of the matters specified in the second schedule shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii and so on b the claims specified in each of the categories, except category iv, shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly c the liabilities specified in category iv shall be discharged, subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, inter se, of such loans and d the question of payment of a liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 17. of the textile undertakings nationalisation act : 1 for the purpose of disbursing the amounts payable to the owner of each textile undertaking, the central government shall, by notification in the official gazette, a appoint such number of persons as it may think fit to be commissioners of payments and b define the local limits within which the commissioners of payments shall exercise the powers conferred, and perform the duties imposed, on them by or under this act. 2 the central government may appoint such other persons at it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act, and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india. 5 references in this act to the commissioner shall, where more than one commissioner has been appointed, be construed as references to the commissioner in relation to the textile undertaking within the local limits of the jurisdiction specified under clause b of subsection 1.

section 18. of the textile undertakings nationalisation act : show related subordinates 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to the owner of a textile undertaking, an amount equal to the amount specified against the textile undertaking in the first schedule and shall also pay to the commissioner such sums as may be due to the owner of a textile undertaking under subsections 1 and 2 of section 9. 2 in relation to the textile undertakings, the management of which was taken over by the central government under the textile undertakings taking over of management act, 40 of , there shall be paid by the central government in addition to the amount referred to in subsection 1, to the commissioner, in cash, such amount payable under section 5 of that act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the central government and ending on the appointed day. 3 in relation to the textile undertakings, the management of which was taken over by the central government under the laxmirattan and atherton west cotton mills taking over of management act, 98 of , there shall be paid by the central government in addition to the amount referred to in subsection 1, to the commissioner, in cash, such amount payable under section 5of that act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the central government and ending on the appointed day. 4 a deposit account shall be opened by the central government, in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account in the public account of india, and thereafter the said deposit account shall be operated by the commissioner. 5 separate records shall be maintained by the commissioner in respect of each textile undertaking in relation to which payments have been made to him under this act. 6 interest accruing on the amounts standing to the credit of the deposit account referred to in subsection 4 shall inure to the benefit of the owners of the textile undertakings.

section 19. of the textile undertakings nationalisation act : 1 the national textile corporation shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to the textile undertaking,realised after the appointed day, notwithstanding that the realisations pertain to a period prior to the appointed day. 2 the national textile corporation may make a claim to the commissioner with regard to every payment made by the custodian after the appointed day but before the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated for discharging any liability of the owner of textile undertaking in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the custodian. 3 save as otherwise provided in this act, the liabilities in relation to a textile undertaking in respect of any period prior to the appointed day which have not been discharged by the custodian shall be the liabilities of the owner of that textile undertaking.

section 20. of the textile undertakings nationalisation act : show related subordinates every person having a claim against the owner of a textile undertaking shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter.

section 23. of the textile undertakings nationalisation act : 1 after examining the claims with reference to the priority set out in the second schedule, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the commissioner. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the english language and one issue of the daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the time specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the owner of the textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits and d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court for the state in which the textile undertaking is situated, and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 22. of the textile undertakings nationalisation act : 1 on receipt of the claims under section 20, the commissioner shall arrange the claims in the order of priority specified in the second schedule and examine the same in accordance with the said order. 2 if, on examination of the claims, the commissioner is of the opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the liabilities in respect of such lower category.

section 24. of the textile undertakings nationalisation act : after admitting a claim under this act, the amount due in respect of such claim shall be credited by the commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged.

section 29. of the textile undertakings nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act or in any decree or order of any court, tribunal or authority.

section 25. of the textile undertakings nationalisation act : 1 if, out of the monies paid to him in relation to a textile undertaking, there is a balance left after meeting the liabilities as specified in the second schedule, the commissioner shall disburse such balance to the owner of such textile undertaking. 2 before making any payment to the owner of any textile undertaking under subsection 1, the commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in sections 8 and 9, the commissioner shall refer the matter to the court and make the disbursement in accordance with the decision of that court. 3 for the removal of doubts, it is hereby declared that the entries in column 3 of the first schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to any textile undertaking specified in the corresponding entries in column 2 of the said schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such textile undertaking. 4 where any machinery, equipment or other property in a textile undertaking has vested in the national textile corporation, but such machinery, equipment or other property does not belong to the owner of such textile undertaking, the amount specified in column 4 of the first schedule against such textile undertaking shall, on a reference made to it by the commissioner, be apportioned by the court between the owner of such textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. explanation. in this section, court, in relation to a textile undertaking, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated.

section 26. of the textile undertakings nationalisation act : any money paid to the commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the commissioner to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 27. of the textile undertakings nationalisation act : 1 where any liability of the owner of a textile undertaking arising out of any item specified in category i of the second schedule is not discharged fully by the commissioner out of the amount paid to him under this act, the commissioner shall intimate in writing to the central government the extent of the liability which remains undischarged, and that liability shall be assumed by the central government. 2 the central government may, by order, direct the national textile corporation to take over any liability assumed by that government under subsection 1, and on receipt of such direction, it shall be the duty of the national textile corporation to discharge such liability.

section 28. of the textile undertakings nationalisation act : notwithstanding the vesting, under this act, of a textile undertaking in the national textile corporation, a the custodian who has been managing the affairs of such undertaking before the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated shall, until alternative arrangements have been made by the national textile corporation, continue to manage the affairs of such undertakings as if the custodian had been authorised by the national textile corporation to manage the affairs of such undertaking and b the custodian or any person authorised by him for this purpose shall,until alternative arrangements have been made by the national textile corporation, continue to be authorised to operate, in relation to the textile undertaking, any account of such undertaking in a bank as if such custodian or the person authorised by the custodian had been authorised by the national textile corporation to operate such account.

section 31. of the textile undertakings nationalisation act : any person who, a having in his possession, custody or control any property forming part of a textile undertaking, wrongfully withholds such property from the central government or the national textile corporation, or any person authorised by that government or corporation, as the case may be, in this behalf, or bwrongfully obtains possession of, or retains, any property forming part of the textile undertaking or wilfully withholds or fails to furnish to the central government, the national textile corporation or any person specified by that government, or corporation, as the case may be, any document relating to such textile undertaking which may be in his possession, custody or control or fails to deliver to the national textile corporation or any person specified by that corporation any assets, books of account, registers or other documents in his custody relating to the textile undertaking, or c wrongfully removes or destroys any property forming part of any textile undertaking or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 30. of the textile undertakings nationalisation act : 1 every contract entered into by the owner or occupier of any textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and twenty days from the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated, cease to have effect unless such contract is before the expiry of that period, ratified, in writing, by the national textile corporation and in ratifying such contract the national textile corporation may make such alterations or modifications therein as it may think fit: provided that the national textile corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the textile undertaking. 2 the national textile corporation shall not omit to ratify a contract or make any alteration or modification therein except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 32. of the textile undertakings nationalisation act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 33. of the textile undertakings nationalisation act : no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the custodian or the national textile corporation or any subsidiary textile corporation or any officer or other person authorised by either of such corporations for anything which is in good faith done or intended to be done under this act.

section 39. of the textile undertakings nationalisation act : 1 39. validation. notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, a the provisions of this act, as amended by the textile undertakings nationalisation laws amendment and validation act, 36 of , shall have and shall be deemed always to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times b any leasehold property divested from the national textile corporation to any person under the provisions of this act, as it stood immediately before the commencement of the textile undertakings nationalisation laws amendment and validation act, 36 of , shall stand transferred to and vest or continue to vest, free from all encumbrances, in the national textile corporation in the same manner as it was vested in the national textile corporation before such divesting of that property under the provisions of this act as if the provisions of this act, as amended by the aforesaid act, were in force at all material times c no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority, notwithstanding any undertaking filed by the national textile corporation in any court or tribunal or authority, directing divestment of such leasehold property from the national textile corporation vested in it under section 3 of this act, as it stood before the commencement of the textile undertakings nationalisation laws amendment and validation act, 36 of , and such leasehold property shall continue to vest in the national textile corporation under section 3 of this act, as amended by the aforesaid act, as if the said section was in force at all material times d any transfer of any property, vested in the national textile corporation, by virtue of any order of attachment, seizure or sale in execution of a decree of a civil court or orders of any tribunal or other authority in respect of leasehold property vested in the national textile corporation which is contrary to the provisions of this act, as amended by the textile undertakings nationalisation laws amendment and validation act, 36 of , shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the national textile corporation under this act. 1 ins. by act 36 of , s. 7 w.e.f.

section 34. of the textile undertakings nationalisation act : no proceeding for the winding up of a textile company, the right, title and interest in relation to the textile undertaking owned by which have vested in the national textile corporation under this act or for the appointment of a receiver in respect of the business of the textile undertaking shall lie or be proceeded with in any court except with consent of the central government.

section 35. of the textile undertakings nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the power under section 36, may also be exercised by any person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 38. of the textile undertakings nationalisation act : 1 the textile undertakings nationalisation ordinance, ord. 6 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 36. of the textile undertakings nationalisation act : show related subordinates 1 the central government may, by notification,make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which and the manner in which an intimation referred to in subsection 4 of section 4 shall be given b the manner in which monies in any provident or other fund referred to in section 15 shall be dealt with cany other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 37. of the textile undertakings nationalisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which the textile undertakings nationalisation ordinance, ord. 6 of was promulgated. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the state bank of india act : for the persons who immediately before the appointed day are the trustees of the following funds, that is to say, a the imperial bank of india employees provident fund b the imperial bank of india employees pension and guarantee fund c the bank of bombay officers pension and guarantee fund d the bank of madras pension and gratuity fund and e the bank of madras officers provident and mutual guarantee fund there shall be substituted as trustees such persons as the central government may, by general or special order, specify.

section 1. of the state bank of india act : 1 this act may be called the state bank of india act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st july, , vide notification no. s.r.o. , dated 14th may, , see gazette of india, part ii, sec. 3ii.

section 7. of the state bank of india act : 1 every officer or other employee of the imperial bank excepting the managing director, the deputy managing director and other directors in the employment of the imperial bank immediately before the appointed day shall, on and from the appointed day, become an officer or other employee, as the case may be, of the state bank, and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the undertaking of the imperial bank had not vested in the state bank, and shall continue to do so unless and until his employment in the state bank is terminated or until his remuneration, terms or conditions are duly altered by the state bank. 2 any person who, on the appointed day, is entitled to or is in receipt of, a pension or other superannuation or compassionate allowance or benefit from the imperial bank or any provident, pension or other fund or any authority administering such fund shall be entitled to be paid by, and to receive from, the state bank or any provident, pension or other fund or any authority administering such fund the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises whether he has so observed such conditions, the question shall be determined by the central government and the decision of the central government thereon shall be final. 3 notwithstanding anything contained in subsection 1 or subsection 2, no appointment made or promotion, increment in salary, pension, allowance or any other benefit granted to any person after the 19th day of december, , and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisations of the imperial bank or of any provident, pension or other fund in force prior to the 19th day of december, , shall have effect or be payable or claimable from the state bank or from any provident, pension or other fund or from any authority administering the fund, unless the central government has, by general or special order, confirmed the appointment, promotion or increment or has directed the continued grant of the pension allowance or other benefit as the case may be. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employes of the imperial bank from that bank to the state bank shall not entitle such officer or other employees to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority. 5 any person holding office as managing director, deputy managing director, director or member of any local board of the imperial bank immediately before the appointed day shall be deemed to have vacated his office as such on the appointed day, and notwithstanding anything contained in this act or in any other law for the time being in force or in any agreement or contract, he shall not be entitled to any compensation from the imperial bank or the state bank for the loss of office or for the premature termination of any agreement or contract relating to his employment, except such pension, compensation or other benefit which the state bank may grant to him, having regard to what that person would have received as an officer of the imperial bank if this act had not been passed and if he had retired from his employment in the ordinary course. 6 where any managing director, deputy managing director, director, officer or other employee of the imperial bank has, after the 19th day of december, , and before the appointed day, been paid any sum by way of compensation or gratuity, the state bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the central government by general or special order.

section 2. of the state bank of india act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b central board means the central board of directors of the state bank 1bb chairman means the chairman of the central board c goods includes bullion, wares and merchandise d imperial bank means the imperial bank of india constituted under the imperial bank of india act, 47 of 1dd local board means a local board constituted under section 21 e prescribed means prescribed by regulations made under this act f reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of g state bank means the state bank of india constituted under this act 2 3 4j workman has the meaning assigned to it in the industrial disputes act, 14 of . 1. ins. by act 35 of , s. 2 w.e.f. . 2. clause h omitted by act 19 of , s. 3 w.e.f. . 3. omitted by act 27 of , s. 2 w.e.f. . 4. ins. by act 48 of , s. 2 w.e.f. .

section 3. of the state bank of india act : 1 a bank to be called the state bank of india shall be constituted to carry on the business of banking and other business in accordance with the provisions of this act and for the purpose of taking over the undertaking of the imperial bank. 2 the 1central government, together with such other persons as may from time to time become shareholders in the state bank in accordance with the provisions of this act, shall, so long as they are shareholders in the state bank, constitute a body corporate with perpetual succession and a common seal under the name of the state bank of india, and shall sue and be sued in that name. 3 the state bank shall have power to acquire and hold property, whether movable or immovable, for the purposes for which it is constituted and to dispose of the same. 1. subs. by act 32 of , s. 2, for reserve bank w.e.f. .

section 9. of the state bank of india act : 1 every person who immediately before the appointed day is registered as a holder of shares in the imperial bank shall be entitled to compensation in accordance with the provisions contained in the first schedule. 2 nothing contained in subsection 1 shall affect the rights inter se between the holder of any share in the imperial bank and any other person who may have an interest in such share, and such other person shall be entitled to enforce his interest against the compensation awarded to the holder of such share, but not against the reserve bank.

section 4. of the state bank of india act : 14. authorised capital.subject to the provisions of this act, the authorised capital of the state bank shall be five thousand crores of rupees divided into five hundred crores of fully paidup shares often rupees each: provided that the central board may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the approval of the reserve bank: provided further that the central government may, in consultation with the reserve bank, increase or reduce the authorised capital so however that the shares in all cases shall be fully paidup shares. 1. subs. by act 27 of , s. 3, for section 4 w.e.f. .

section 5. of the state bank of india act : 1 the issued capital of the state bank shall, on the appointed day, be five crores, sixtytwo lakhs and fifty thousand rupees divided into five lakhs, sixtytwo thousand and five hundred shares, all of which shall, on the appointed day, stand allotted to the reserve bank in lieu of the shares of the imperial bank 1transferred to and vested in it under section 6. 22 the issued capital of the state bank shall consist of equity shares or equity and preference shares: provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares whether perpetual or irredeemable or redeemable and the terms and conditions subject to which, each class of preference shares may be issued: provided further that the central board may from time to time increase, with the previous approval of the reserve bank and the central government, whether by public issue or rights issue or preferential allotment or private placement, in accordance with the procedure as may be prescribed, the issued capital by the issue of equity or preference shares: provided also that the central government shall, at all times, hold not less than fiftyone per cent. of the issued capital consisting of equity shares of the state bank. 3 no increase in the issued capital beyond twelve crores and fifty lakhs of rupees shall be made under subsection 2 without the previous sanction of the central government. 34 subject to the provisions contained in subsection 2, the central board may increase from time to time, by way of issuing bonus shares to existing equity shareholders, the issued capital in such manner as the central government may, after consultation with the reserve bank, direct. 5 the state bank may, accept the money in respect of shares issued towards increase in the issued capital in instalments, make calls, forfeit unpaid shares and reissue them, in such manner as may be prescribed. 1. subs. by act 33 of , s. 2, for transferred to it by paragraph 2 of the first schedule w.e.f. . 2. subs. by act 27 of , s. 4, for subsection 2 w.e.f. . 3. ins. by s. 4, ibid. w.e.f. .

section 6. of the state bank of india act : 1 subject to the other provisions contained in this act, on the appointed day, a all shares in the capital of the imperial bank shall be transferred to, and shall vest in, the reserve bank, free of all trusts, liabilities and encumbrances, and b the undertaking of the imperial bank shall be transferred to, and shall vest in, the state bank. 2 the undertaking of the imperial bank shall be deemed to include all rights, powers, authorities and privileges, and all property, movable and immovable, including cash balances, reserve funds, investments and all other interests and rights in, or arising out of, such property as may be in the possession of that bank immediately before the appointed day, and all books, accounts, and documents relating thereto, and shall also be deemed to include all debts, liabilities and obligations of whatever kind then existing of that bank. 1 3 unless otherwise expressly provided by or under this act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the imperial bank is a party or which are in favour of the imperial bank shall be of as full force and effect against or in favour of the state bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the imperial bank the state bank had been a party thereto or as if they had been issued in favour of the state bank. 4 if on the appointed day any suit, appeal or other legal proceeding of whatever nature, is pending by or against the imperial bank, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the state bank of the undertaking of the imperial bank or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the state bank. 1. subs. by act 33 of , s. 3, for subsection 3 w.e.f. .

section 10. of the state bank of india act : 1 save as otherwise provided in subsection 2, the shares of the state bank shall be freely transferable. 2 nothing contained in subsection 1 shall entitle the 1central government to transfer any shares held by it in the state bank if such transfer will result in reducing the shares held by it to less than 2fiftyone per cent. of the issued capital consisting of equity shares, of the state bank. 1. subs. by act 32 of , s. 4, for reserve bank w.e.f. . 2. subs. by 27 of , s. 5, for fiftyfive per cent. of the issued capital w.e.f. .

section 15. of the state bank of india act : 115. trusts not to be entered on the register of shareholders.no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the state bank. 2provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. explanation.for the purposes of section 13, section 13a and this section, the expressions beneficial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, 22 of . 1. subs. by act 3 of , s. 7, for section 15 w.e.f. . 2. the proviso and explanation ins. by act 8 of , s. 5 w.e.f. .

section 11. of the state bank of india act : 111. restrictions on voting rights.no shareholder, other than the 2central government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of ten per cent. of the issued capital: provided that such shareholder shall be entitled to exercise voting rights at such higher percentage as the central government may, after consultation with the 2central government, specify. 3provided further that the shareholder holding any preference share capital in the state bank shall, in respect of such capital, have a right to vote only on resolutions placed before the state bank which directly affect the rights attached to his preference shares: provided also that no preference shareholder, other than the central government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent, of total voting rights of all the shareholders holding preference share capital only. 1. subs. by act 3 of , s. 3, for section . 2. subs. by act 32 of , s. 5, for reserve bank w.e.f. . 3. ins. by act 27 of , s. 7 w.e.f. .

section 10a. of the state bank of india act : 110a. right of registered shareholders to nominate.1 every individual registered shareholder may, at any time, nominate, in the prescribed manner, an individual to whom all his rights in the shares shall vest in the event of his death. 2 where the shares are registered in the name of more than one individual jointly, the joint holders may together nominate in the prescribed manner, an individual to whom all their rights in the shares shall vest in the event of the death of all the joint holders. 3 notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, where a nomination in respect of shares is made in the prescribed manner and which purports to confer on the nominee the right to vest the shares, the nominee shall, on the death of the shareholder or, as the case may be, on the death of all the joint holders, become entitled to all the rights of the shareholder or, as the case may be, of all the joint holders, in relation to such shares and all other persons shall be excluded unless the nomination is varied or cancelled in the prescribed manner. 4 where the nominee is a minor, it shall be lawful for the individual registered holder of the shares to make nomination to appoint, in the prescribed manner, any person to become entitled to the shares in the event of his death during the minority of the nominee. 1. ins. by act 27 of , s. 6 w.e.f. .

section 12. of the state bank of india act : notwithstanding anything contained in the acts hereinafter mentioned in this section, the shares of the state bank shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 2 of , and also to be approved securities for the purposes of the insurance act, 4 of , and the 1banking regulations act, 10 of . 1. subs. by act 3 of , s. 4, for banking companies, w.e.f. .

section 16. of the state bank of india act : 1 unless otherwise provided by the central government, by notification in the official gazette, the central office of the state bank shall be at 1mumbai, and shall also be known as corporate centre. 2 the state bank shall have local head offices in2mumbai, kolkata and chennai and at such other places in india as the central government, in consultation with the central board, may determine. 3 the state bank shall maintain as its branches or agencies, all branches or agencies of the imperial bank which were in existence 3in india immediately before the appointed day, and no such branch may be closed without the previous approval of the reserve bank. 4 the state bank may establish branches or agencies at any place in or outside india in addition to the branches or agencies referred to in subsection 3. 5 notwithstanding anything contained in subsection 4, the state bank shall establish not less than four hundred branches in addition to the branches referred to in subsection 3 within five years of the appointed day or such extended period as the central government may specify in this behalf, and the places where such additional branches are to be established shall be determined in accordance with any such programme as may be drawn up by the central government from time to time in consultation with the reserve bank and the state bank, and no branch so established shall be closed without the previous approval of the reserve bank. 1. subs. by act 27 of , s. 9, for bombay w.e.f. . 2. subs. by s. 9, ibid., for bombay, calcutta and madras w.e.f. . 3. ins. by act 33 of , s. 4 w.e.f. .

section 13a. of the state bank of india act : 113a. register of beneficial owners. the register of beneficial owners maintained by a depository under section 11 of the depositories act, 22 of , shall be deemed to be a register of shareholders for the purposes of this act. 1. ins. by act 8 of , s. 4 w.e.f. .

section 13. of the state bank of india act : 113. register of shareholders.1 the state bank shall keep at its central office, a register, in one or more books of the shareholders, and shall enter therein the following particulars so far as they may be available: i the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number ii the date on which each person is so entered as a shareholder iii the date on which any person ceases to be a shareholder and iv such other particulars as may be prescribed. 2provided that nothing in this subsection shall apply to the shares held with a depository. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the state bank to keep the register of shareholders 3in computer floppies or diskettes or any other electronic form subject to such safeguards as may be prescribed. 3 notwithstanding anything contained in the indian evidence act, 1 of , a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of an officer of the state bank authorised in this behalf, shall, in all legal proceedings, be admissible in evidence. 1. subs. by s. 13, ibid., for section 13 w.e.f. . 2. ins. by act 8 of , s. 3 w.e.f. . 3. subs. by act 27 of , s. 8, for in computer floppies or diskettes w.e.f. .

section 14. of the state bank of india act : branch registers.omitted by the state bank of india amendment act, 3 of , s. 6 w.e.f. .

section 17. of the state bank of india act : 1 the general superintendence and direction of the affairs and business of the state bank shall be entrusted to the central board which may exercise all powers and do all such acts and things as may be exercised or done by the state bank and are not by this act expressly directed or required to be done by the state bank in general meeting. 2 the central board in discharging its functions shall act on business principles, regard being had to public interest.

section 21a. of the state bank of india act : 121a. term of office of members of local board.21 subject to the provisions contained in this section and in subsection 2 of section 21, a member of a local board a nominated under clause c of subsection 1 of section 21 shall hold office for such term, not exceeding three years, as the central government may specify in this behalf 3 b elected under clause d of subsection 1 of section 21 shall hold office for three years and 4, and shall be eligible for renomination or reelection, as the case may be: provided that no such director shall hold office continuously for a period exceeding six years. 5 3 a director of the central board becoming a member of a local board by virtue of the provisions of clause b of subsection 1 of section 21 shall cease to hold office as such member on his ceasing to be a director or on his ceasing to be ordinarily resident in the relevant area. 4 the president and the vicepresident of a local board shall each hold office for two years or the remaining period of his office as a member of the local board, whichever is shorter, and shall be eligible for reappointment so long as he is a member of the local board. 65 a member of a local board nominated under clause c of subsection 1 of section 21 shall hold office during the pleasure of the central government. 1. ins. by act 35 of , s. 6 w.e.f. . 2. subs. by act 66 of , s. 13, for subsection 1 w.e.f. . 3. the words and thereafter until his successor has been duly nominated omitted by act 45 of , s. 15 w.e.f. . 4. the words and thereafter until his successor has been duly nominated omitted by act 45 of , s. 15 w.e.f. . 5. omitted by act 3 of , s. 11 w.e.f. . 6. ins. by act 66 of , s. 13 w.e.f. .

section 18. of the state bank of india act : 1 in the discharge of its functions 1 the state bank shall be guided by such directions in matters of policy involving public interest as the central government may, in consultation with the governor of the reserve bank and the chairman of the state bank, give to it. 2 2all directions shall be given by the central government and, if any question arises whether a direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final. 1. the words including those relating to a subsidiary bank omitted by act 19 of , s. 4 w.e.f. . 2. subs. by act 32 of , s. 6, for all directions given by the central government shall be given through the reserve bank w.e.f. .

section 19. of the state bank of india act : 1 the central board shall consist of the following, namely: a a chairman 2 to be appointed by the central government in consultation with the reserve bank 3. 4b such number of managing directors not exceeding four, as may be appointed by the central government in consultation with the reserve bank 5 c if the total amount of the holdings of the shareholders, other than the 6central government, whose names are on the 7register of shareholders three months before the date fixed for election of directors is i not more than ten per cent. of the total issued capital, two directors, ii more than ten per cent. but not more than twentyfive per cent. of such capital three directors, and iii more than twentyfive per cent. of such capital, four directors, to be elected in the prescribed manner by such shareholders 8ca one director, from among the employees of the state bank, who are workmen, to be appointed by the central government in the manner provided in the rules made under this act cb one director, from among such of the employees of the state bank, as are not workmen, to be appointed by the central government in the manner provided in the rules made under this act d not less than two and not more than six directors to be nominated by the central government, 9 from among persons having special knowledge of the working of cooperative institutions and of rural economy or experience in commerce, industry, banking or finance e one director to be nominated by the central government and 10f one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks to be nominated by the central government on the recommendation of the reserve bank. 1. the brackets and figure 1 omitted by act 3 of , s. 8 w.e.f. . 2. certain words omitted by act 73 of , s. 4 w.e.f. . 3. the words and a vicechairman omitted by act 27 of , s. 10 w.e.f. . 4. subs. by s. 10, ibid., for clause b w.e.f. . 5. omitted by s. 10, ibid. w.e.f. . 6. subs. by act 32 of , s. 7, for reserve bank w.e.f. . 7. subs. by act 3 of , s. 8, for principal register w.e.f. . 8. ins. by act 48 of , s. 3 w.e.f. . 9. the words in consultation with the reserve bank omitted by act 27 of , s. 10 w.e.f. . 10. subs. by s. 10, ibid., for clause f w.e.f. .

section 19a. of the state bank of india act : 119a. qualifications for election of directors elected by shareholders.1 the directors elected under clause c of section 19 shall a have special knowledge or experience in respect of one or more of the following areas, namely: i agriculture and rural economy, ii banking, iii cooperation, iv economics, v finance, vi law, vii smallscale industry, viii any other area the special knowledge of, and experience in, which in the opinion of the reserve bank shall be useful to the state bank b represent the interests of depositors or c represent the interests of farmers, workers and artisans. 2 without prejudice to the provisions of subsection 1 and notwithstanding anything to the contrary contained in this act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause c of section 19 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the reserve bank may notify from time to time in this regard and the reserve bank may specify in the notification issued under this subsection, the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determinations and such other matters as may be considered necessary or incidental thereto. 3 where the reserve bank is of the opinion that any director of the state bank elected under clause c of section 19 does not fulfil the requirements of subsections 1 and 2, it may, after giving to such director and the state bank a reasonable opportunity of being heard, by order, remove such director. 4 on the removal of a director under subsection 3, the central board shall coopt any other person fulfilling the requirements of subsections 1 and 2, as a director in place of the person so removed, till a director is duly elected by the shareholders of the state bank in the next annual general meeting and the person so coopted shall be deemed to have been duly elected by the shareholders of the state bank as a director. 1. ins. by act 27 of , s. 11 w.e.f. .

section 20. of the state bank of india act : 1 1the chairman, 2 and each managing director shall hold office for such term not exceeding five years, as the central government may fix when appointing them and shall be eligible for reappointment. 31a notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the terms of office of the chairman, 2 or a managing director, as the case may be, at any time before the expiry of the term fixed under subsection 1 by giving him notice of not less than three months in writing or three months salary and allowances in lieu of such notice and the chairman, 2 or a managing director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term so fixed by giving to the central government notice of not less than three months in writing. 4 3 subject to the provisions contained in section 19 and 5 a director elected under clause c 6 of 7that section shall hold office for 8three years and 9 10 and shall be eligible for reelection 11: 12provided that no such director shall hold office continuously for a period exceeding six years. 133a 14subject to the provisions contained in subsection 4, a director appointed under clause ca or clause cb 15of section 19 or nominated under clause d of that section shall hold office for such term, not exceeding three years, as the central government may specify 16 and shall be eligible 17for re appointment or renomination, as the case may be: 12provided that no such director shall hold office continuously for a period exceeding six years. 184 a director appointed under clause ca or clause cb 19of section 19 or nominated under clause d or clause e or clause f of that section shall hold office during the pleasure of the authority appointing or nominating him, as the case may be. 1. subs. by act 73 of , s. 4, for the chairman and the vicechairman w.e.f. . 2. the words , vicechairman omitted by act 27 of , s. 12 w.e.f. . 3. ins. by act 73 of , s. 4 w.e.f. . 4. omitted by s. 4, ibid. w.e.f. . 5. the words, brackets and figures and in subsection 5 omitted by act 66 of , s.12 w.e.f. . 6. the words, brackets and figures of subsection 1 omitted by act 3 of , s. 9 w.e.f. . 7. subs. by act 66 of , s. 12, for certain words w.e.f. . 8. subs. by s. 12, ibid., for four years w.e.f. . 9. the words and thereafter until his successor shall have been duly elected omitted by act 45 of , s. 14 w.e.f. . 10. the words or nominated omitted by act 66 of , s. 12 w.e.f. . 11. the words or re nomination omitted by s. 12, ibid. w.e.f. . 12. ins. by s. 12, ibid. w.e.f. . 13. ins. by act 48 of , s. 4 w.e.f. . 14. subs. by act 66 of , s. 12, for a director w.e.f. . 15. subs. by act 3 of , s. 9, for certain words w.e.f. . 16. the words and thereafter until his successor shall have been duly appointed or nominated omitted by act 27 of , s. 12 w.e.f. . 17. subs. by act 66 of , s. 12, for certain words w.e.f. . 18. subs. by s. 12, ibid., for subsection 4 w.e.f. . 19. subs. by act 3 of , s. 9, for certain words w.e.f. .

section 19b. of the state bank of india act : 119b. power of reserve bank to appoint additional directors.1 if the reserve bank is of the opinion that in the interest of banking policy or in the public interest or in the interests of the state bank or its depositors, it is necessary so to do, it may, from time to time and by order in writing appoint, with effect from such date as may be specified in the order, one or more persons as additional directors of the state bank. 2 any person appointed as additional director under subsection 1 shall, a hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the reserve bank may, by order, specify b not incur any obligation or liability by reason only of his being an additional director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and c not be required to hold qualification shares in the state bank. 3 for the purpose of reckoning any proportion of the total number of directors of the state bank any additional director appointed under this section shall not be taken into account. 1. ins. by act 27 of , s. 11 w.e.f. .

section 21. of the state bank of india act : 121. local boards.1 there shall be constituted at each place where the state bank has a local head office, a local board which shall consist of the following members, namely: 2a the chairman, ex officio or the managing director nominated by the chairman 3b all such directors elected or nominated to the central board under clause c or clause d of section 19 as are ordinarily resident in the area falling within the jurisdiction of the local head office c six members to be nominated by the central government 4 5 e 6the chief general manager of the local head office, appointed by the state bank, ex officio. 72 where as a result of the establishment of any local head office hereinafter referred to as the new local head office for any area which is already falling within the jurisdiction of another local head office hereinafter referred to as the existing local head office a local board hereinafter referred to as the new local board is constituted for the new local head office, any person who is, at the time of such constitution, holding office as a member of a local board hereinafter referred to as the existing local board for an existing local head office under clause c of subsection 1 and is ordinarily resident in the area falling within the jurisdiction of the new local head office, shall cease to hold office as member of the existing local board and shall become a member of the new local board and shall on becoming such member be deemed to have been nominated to the new local board and shall hold office as such member for the unexpired portion of his term of office as a member of the existing local board. 3 any vacancy caused in the existing local board as a result of any member thereof becoming a member of the new local board under subsection 2 shall be deemed to be a casual vacancy and be filled in accordance with the provisions of section 25. 8 95 the 10central government shall, in consultation with the chairman, appoint a a member of a local board nominated under clause c of subsection 1 to be the president thereof and b a member of a local board holding office under clause b or nominated under clause c of that subsection to be the vicepresident thereof. 1. subs. by act 35 of , s. 5, for section 21 w.e.f. . 2. subs. by act 27 of , s. 13, for clause a w.e.f. . 3. subs. by act 3 of , s. 10, for clause b w.e.f. . 4. the words in consultation with the reserve bank omitted by act 27 of , s. 13 w.e.f. . 5. omitted by act 3 of , s. 10w.e.f. . 6. subs. by act 48 of , s. 5, for the secretary and treasurer w.e.f. . 7. subs. by act 3 of , s. 10, for subsection 2 w.e.f. . 8. omitted by s. 10, ibid. w.e.f. . 9. subs. by s. 10, ibid., for subsection 5 w.e.f. . 10. subs. by act 27of , s. 13, for governor of the reserve bank w.e.f. .

section 21b. of the state bank of india act : 121b. powers of local board.in respect of the area falling within the jurisdiction of the local head office for which the local board has been constituted, a local board shall, subject to such general or special direction as the central board may give from time to time, exercise such powers and perform such duties and functions as may be entrusted or delegated to it by the central board. 1. subs. by act 27 of , s. 14, for section 21b w.e.f. .

section 24a. of the state bank of india act : 124a. supersession of central board in certain cases. 1 where the central government, on the recommendation of the reserve bank is satisfied that in the public interest or for preventing the affairs of the state bank being conducted in a manner detrimental to the interest of the depositors or the state bank or for securing the proper management of the state bank, it is necessary so to do, the central government may, for reasons to be recorded in writing, by order, supersede the central board for a period not exceeding six months as may be specified in the order: provided that the period of supersession of the central board may be extended from time to time, so, however, that the total period shall not exceed twelve months. 2 on supersession of the central board under subsection 1, the central government may, in consultation with the reserve bank, appoint an administrator not being an officer of the central government or a state government who has experience in law, finance, banking, economics or accountancy, for such period as it may determine. 3 the central government may issue such directions to the administrator as it may consider necessary and the administrator shall be bound to follow such directions. 4 notwithstanding anything contained in this act, upon making the order of supersession of the central board a the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act or any other law for the time being in force, be exercised and discharged by or on behalf of the central board, or by a resolution passed in the general meeting of the state bank, shall, until the central board is reconstituted, be exercised and discharged by the administrator appointed under subsection 2: provided that the powers exercised by the administrator shall be valid notwithstanding that such power is also exercisable by a resolution passed in the general meeting of the state bank. 5 the central government may, in consultation with the reserve bank, constitute a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties. 6 the committee shall meet at such times and places and observe such rules of procedure as may be specified by the rules made under this act. 7 the salary and allowances of the administrator and the members of the committee shall be such as may be specified by the rules made under this act and be payable by the state bank. 8 on and before the expiration of two months before the expiry of the period of supersession of the central board, the administrator of the state bank shall call the general meeting of the state bank to elect new directors and reconstitute the said board. 9 notwithstanding anything contained in any other law for the time being in force or in any contract, no person shall be entitled to claim any compensation for the loss or termination of his office on supersession of the central board. 10 the administrator appointed under subsection 2 shall vacate office immediately after the reconstitution of the central board. 1. ins. by act 27 of , s. 19 w.e.f. .

section 21c. of the state bank of india act : 11 a local committee may be constituted by the central board for any area and shall consist of such number of members as may be prescribed. 22 the chairman or the managing director nominated by him shall be an ex officio member of every such local committee. 3 a local committee shall exercise such powers and perform such functions and duties as the central board may confer on or assign to it. 1. ins. by act 35 of , s.6 w.e.f. . 2. subs. by act 27 of , s. 15, for subsection 2 w.e.f. .

section 26. of the state bank of india act : 1 without prejudice to the provisions contained in sections 27, 28 and 29, the directors shall be paid such fees and allowances for attending the meetings of the central board or of any of its committees and for attending to any other work of the state bank as may be prescribed. 2 notwithstanding anything contained in subsection 1, no fees shall be payable to a managing director or any other director who is an officer of the central government or the reserve bank.

section 22. of the state bank of india act : 1 no person shall be qualified to be a director of the central board or a member of a local board or of a local committee if a he holds the office of director, provisional director, promoter, agent or manager of any banking company already established or advertised as about to be established or b he is a salaried officer of government not specially authorised by the central government to be a director or member or c he has been removed or dismissed from the service of government on a charge of corruption or bribery or d he holds any office of profit under the state bank other than the office of chairman, 1 2managing director or 34chief general manager or legal or technical adviser or 5da in the case of a director appointed under clause ca or clause cb 6 of section 19, i he is not serving in the state bank or has not been serving in it for a continuous period of at least five years and ii he is of such age that there is a likelihood of his attaining the age of superannuation during his term of office as a director or e he is or at any time has been adjudicated an insolvent or has suspended payment of his debts or has compounded with his creditors or f he is declared lunatic or becomes of unsound mind or g he is or has been convicted of any offence involving moral turpitude or 7h in the case of an elected director, he is not registered as a holder in his own right of unencumbered shares in the state bank, either as sole holder or as first named holder when jointly held, of a nominal value of at least five thousand rupees. 2 no two persons who are partners of the same firm or are directors of the same private company or one of whom is an agent of the other or holds a power of attorney from a firm of which the other is a partner may be directors of the central board or members of the same local board or local committee at the same time. 3 the appointment, nomination or election as director or member of a local board or of a local committee of any person who is a member of parliament or the legislature, of any state shall be void unless within two months of the date of his appointment, nomination or election he ceases to be a member of parliament or the state legislature, and if any director or member of a local board or of a local committee is elected or nominated as a member of parliament or any state legislature, he shall cease to be a director or member of the local board or of local committee as from the date of such election or nomination, as the case may be. 84 in this section, a banking company has the same meaning as in the 9banking regulation act, 10 of b manager means the chief executive officer, by whatever name called, of a banking company c private company has the same meaning as in the companies act, 1 of . 1. the word vicechairman omitted by s. 16, ibid. w.e.f . 2. subs. by act 26 of , s. 2, for or managing director w.e.f. . 3. ins. by act 35 of , s. 7 w.e.f. . 4. subs. by act 48 of , s. 7, for secretary and treasurer w.e.f. . 5. ins. by act 48 of , s. 7 w.e.f. . 6. the words, brackets and figure of subsection 1 omitted by act 3 of , s. 13 w.e.f. . 7. subs. by act 27 of , s. 16, for clause h w.e.f. . 8. ins. by act 26 of , s. 2 w.e.f. . 9. subs. by act 3 of , s. 13, for banking companies act, w.e.f. .

section 23. of the state bank of india act : if a director of the central board or a member of a local board or a local committee a becomes subject to any of the disqualifications mentioned in section 22 or b resigns his office by giving notice in writing under his hand, in the case of the 1 chairman 2 and amanaging director to the central government and in the case of other directors or members of local boards or committees, to the central board, and the resignation is accepted or c is absent without leave of the central board, the local board or the local committee of which he is a director or member, as the case may be, for more than three consecutive meetings thereof his seat shall thereupon become vacant. 3provided that nothing in clause c shall apply to the chairman in relation to his membership of a local board or of a local committee. 1. subs. by act 73 of , s. 4, for the chairman and vicechairman w.e.f. . 2. the word , vicechairman omitted by act 27 of , s. 17 w.e.f. . 3. the proviso added by act 21 of , s. 3 w.e.f. .

section 24. of the state bank of india act : 1 the central government may, after consulting the reserve bank, remove from office 1the chairman 2 or a managing director. 3 3 the central government, 4 may remove from office any director 5appointed under clause ca or clause cb or nominated under claused 6of section 19 7or any member of a local board nominated under clause c of subsection 1 of section 21 and 8appoint or nominate, as the case may be, in his stead another person to fill the vacancy. 4 the shareholders, other than the 9central government, may, by a resolution passed by majority, of the votes of such shareholders holding in the aggregate not less than onehalf of the share capital held by all such shareholders, remove any director elected under clause c 10of section 19 and elect in his stead another person to fill the vacancy. 11 6 no person shall be removed from his office under subsection 1 12 or subsection 3 unless he has been given an opportunity of showing cause against his removal. 1. subs. by act 73 of , s. 4, for the chairman or the vicechaiman w.e.f. . 2. the word , vicechairman omitted by act 27 of , s. 18 w.e.f. . 3. omitted by act 73 of , s. 4 w.e.f. . 4. the words after consulting the reserve bank, omitted by act 27 of , s. 18 w.e.f. . 5. subs. by act 48 of , s. 8, for nominated under clause d w.e.f. . 6. subs. by act 3 of , s. 14, for subsection 1 of section 19 w.e.f. . 7. ins. by act 35 of , s. 8 w.e.f. . 8. subs. by act 48 of , s. 8 for nominate w.e.f. . 9. subs. by act 32 of , s. 8, for reserve bank w.e.f. . 10. certain words omitted by act 3 of , s. 14 w.e.f. . 11. omitted by s. 14, ibid. w.e.f. . 12. the words, bracket and figure or subsection 2 omitted by act 73 of , s. 4 w.e.f. .

section 25. of the state bank of india act : 11 if the chairman, 2 or a managing director is rendered incapable of discharging his duties by reason of infirmity or otherwise or is absent on leave or otherwise in circumstances not involving the vacation of his office, the central government may, in consultation with the reserve bank, appoint another person to officiate in the vacancy. 32 where any vacancy occurs before the expiry of the term of office of a director, other than the chairman, 2 or a managing director or 4a director appointed under clause ca or 5clause cb of section 19 or of a member of a local board other than the chief general manager the vacancy shall be filled a in the case of an elected director, by election and b in the case of a director nominated under clause d of section 19 or a member of a local board nominated under clause c of subsection 1 of section 21, by nomination 6: provided that where the duration of the vacancy in the office of an elected director is likely to be less than six months, the vacancy may be filled by the remaining directors by coopting a person not disqualified under section 22. 3 a person elected or nominated or coopted, as the case may be, 7under subsection 2 shall hold office for the unexpired portion of the term of his predecessor. 84 where any vacancy occurs before the expiry of the term of office of a director appointed under clause ca or clause cb 9 of section 19, such vacancy shall be filled in accordance with the said clause ca or as the case may be, clause cb, and the director so appointed shall hold office for the period specified under subsection 3a of section 20. 1. subs. by act 73 of , s. 4, for subsection 1 w.e.f. . 2. the word , vicechairman omitted by act 27 of , s. 20 w.e.f. . 3. subs. by act 35 of , s. 9, for subsection 2 w.e.f. . 4. subs. by act 48 of , s. 9, for certain words w.e.f. . 5. subs. by act 3 of , s. 15, for certain words, brackets, letters and figure w.e.f. . 6. the words in consultation with the reserve bank omitted by act 27 of , s. 20 w.e.f. . 7. subs. by act 48 of , s. 9, for under this section w.e.f. . 8. ins. by s. 9, ibid. w.e.f. . 9. the words, brackets and figure by subsection 1 omitted by act 3 of , s. 15 w.e.f. .

section 31. of the state bank of india act : 11 the central board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed and the meeting of the central board may be held by participation of the directors of the central board through videoconferencing or such other electronic means, as may be prescribed, which are capable of recording and recognising the participation of the directors and the proceedings of such meetings are capable of being recorded and stored: provided that the central government may in consultation with the reserve bank, by notification in the official gazette, specify the matters which shall not be discussed in a meeting of the central board held through videoconferencing or such other electronic means. 2 all questions at the meeting shall be decided by a majority of the votes of the directors present in the meeting or through videoconferencing or such other electronic means and in the case of equality of votes the chairman or, in his absence, the managing director authorised by the chairman shall have a second or casting vote. 3 a director who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into by or on behalf of the state bank shall at the earliest possible opportunity disclose the nature of his interest to the central board and shall not be present at any meeting of the central board when any such contract, loan, arrangement or proposal is discussed unless his presence is required by the other directors for the purpose of eliciting information, and no director so required to be present shall vote on any such contract, loan, arrangement or proposal. 2provided that nothing contained in this subsection shall apply to such director by reason only of his being i a shareholder other than a director holding not more than two per cent. of the paidup capital in any public company as defined in the companies act, 1 of or any corporation established by or under any law for the time being in force in india or any cooperative society with which or to which the state bank has entered into or made, or proposes to enter into or make, a contract, loan, arrangement or proposal or ii a director ex officio of the state bank 3, 4or 5iii an officer or other employee of the state bank, if he is a director appointed under clauseca or clause cb 6 of section 19. 4 if for any reason neither the chairman nor the vicechairman is able to be present at a meeting of the central board, any director, 7authorised by the chairman in writing in this behalf, and in the absence of such authorisation,8any director elected by the directors present from amongst themselves, shall preside at the meeting and, in the event of equality of votes, shall have a second or casting vote. 1. subs. by act 27 of , s. 23, for subsection 1 and 2 w.e.f. . 2. ins. by act 56 of , s. 2 w.e.f. . 3. the words or a director of a subsidiary bank omitted by act 19 of , s. 5 w.e.f. . 4. added by act 48 of , s. 10 w.e.f. . 5. ins. by s. 10, ibid. w.e.f. . 6. the words, brackets and figure of subsection 1 omitted by act 3 of , s. 16 w.e.f. . 7. the words , other than a managing director omitted by act 48 of , s. 10 w.e.f. . 8. subs. by s. 10, ibid., for any such director w.e.f. .

section 27. of the state bank of india act : 1 the chairman shall preside at all meetings of the central board and subject to such general or special directions as the central board may give, exercise all such powers and do all such acts and things as may be exercised or done by the state bank. 2 the chairman shall receive such salary, fees, allowances and perquisites 1as may be determined by the central government. 2 1. subs. by act 73 of , s. 4, for certain words w.e.f. . 2. the proviso omitted by s. 4, ibid. w.e.f. .

section 33. of the state bank of india act : 133. other business which the state bank may transact. subject to the other provisions contained in this act, the state bank may carry on and transact the business of banking as defined in clause b of section 5 of the banking regulation act, 10 of , and may engage in one or more of the other forms of business specified in subsection 1 of section 6 of that act. 1. subs. by act 48 of , s. 12, for section 33 w.e.f. .

section 28. of the state bank of india act : powers and remuneration of vicechairman. omitted by the state bank of india amendment act, 27 of , s. 21 w.e.f. .

section 29. of the state bank of india act : 1 a managing director a shall be a wholetime officer of the state bank 1 b subject to the general control of the chairman 2, shall exercise such powers and perform such duties as may be entrusted or delegated to him by the central board 2 and 3c when authorised by the chairman, shall preside at the meetings of the central board in his absence. 2 a managing director shall receive such salary and allowances 4 as may be determined by the central government. 5 1. the word and omitted by act 27 of , s. 22 w.e.f. . 2. the words and the vicechairman omitted by s. 22, ibid. w.e.f. . 3. ins. by s. 22, ibid. w.e.f. . 4. subs. by act 73 of , s. 4, for certain words w.e.f. . 5. the proviso omitted by s. 4, ibid. w.e.f. .

section 30. of the state bank of india act : the central board may constitute such and so many committees, including an executive committee, of itself as it deems fit to exercise such powers and perform such duties as may, subject to such conditions, if any, as the central board may impose, be delegated to them by the central board.

section 35. of the state bank of india act : show related subordinates 1 the state bank may, with the sanction of the central government, and shall, if so directed by the central government in consultation with the reserve bank, enter into negotiations for acquiring the business, including the assets and liabilities, of any banking institution. 12 the terms and conditions relating to such acquisition, if agreed upon by the central board of the state bank and the directorate or management of the banking institution concerned and approved by the reserve bank, shall be submitted to the central government for its sanction and that government may by order in writing hereafter in this section referred to as the order of sanction accord its sanction thereto. 3 notwithstanding anything contained in this act or any other law for the time being in force or any instrument regulating the constitution of the banking institution concerned, the terms and conditions as sanctioned by the central government shall come into effect on the date specified by the central government in this behalf in the order of sanction and be binding upon the state bank and the banking institution concerned as well as upon the shareholders or, as the case may be, proprietors and creditors of that banking institution. 4 if for any reason the terms and conditions cannot come into effect on the date specified in the order of sanction, the central government may fix another suitable date for that purpose. 5 on the date on which the terms and conditions as aforesaid come into effect the business and the assets and liabilities of the banking institution concerned as covered by the acquisition shall, by virtue, and in accordance with the provisions, of the order of sanction stand transferred to, and become respectively the business and the assets and liabilities of, the state bank. 6 the consideration for the acquisition of the business and the assets and liabilities of any banking institution under this section may, if so agreed upon, be paid either in cash or by allotment of shares in the capital of the state bank or partly in cash and partly by allotment of shares, and the state bank may, for the purpose of any such allotment, increase, subject to the other provisions contained in this act relating to the increase of capital, the capital of the state bank by the issue of such number of shares as may be determined by the state bank. 7 any business acquired under this section shall thereafter be carried on by the state bank in accordance with the provisions of this act, subject to such exemptions or modifications as the central government may, by notification in the official gazette, make in this behalf in consultation with the reserve bank: provided that no such exemption or modification shall be made so as to have effect for a period of more than seven years from the date of acquisition. 8 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law or in any agreement for the time being in force, on the acquisition of the business and the assets and liabilities of any banking institution under this section, no officer or other employee of that banking institution shall be entitled to any compensation to which he may be entitled under that act or that other law or that agreement and no claim in respect of such compensation shall be entertained by any court, tribunal or other authority, if on his having accepted in writing an offer of employment by the state bank on the terms and conditions proposed by it he has been employed in accordance with such terms and conditions. 9 the central government may, if it considers necessary or expedient in the case of any banking institution in relation to which an order of sanction has been made under this section, appoint whether before or after the coming into effect of the terms and conditions relating to the acquisition of the business and the assets and liabilities of that banking institution, a suitable person to take over the management of that banking institution for the purposes of winding up its affairs and distributing its assets, and the expenditure incurred in connection with such management including the remuneration for the person so appointed and his staff, if any shall be paid out of the assets of the banking institution or by the state bank as the central government may direct. 10 simultaneously with the appointment of a suitable person to take over the management of any banking institution under subsection 9 or immediately thereafter, the central government shall issue directions to be followed by that person in the management of that banking institution for the purposes aforesaid and thereupon a the provisions of the companies act, 1 of , or the 2banking regulation act, 10 of , or any other law for the time being in force or any instrument having effect by virtue of any such act or law, in so far as they are inconsistent with such directions, shall cease to apply to or in relation to that banking institution b all persons in charge of the management, including any person holding office as manager or director of the banking institution immediately before the issue of such directions, shall be deemed to have vacated their offices as such and c the persons appointed to take over the management of the banking institution shall in accordance with those directions take all such steps as may be necessary to facilitate the winding up of its affairs and distribution of its assets. 11 the central government, when satisfied that nothing further remains to be done in order to wind up the affairs of any such banking institution, may by another order in writing direct that as from such date as may be specified therein the banking institution shall stand dissolved and thereupon any such direction shall have effect notwithstanding anything to the contrary contained in any other law. 12 no action under this section shall be questioned on the ground merely of any defect in the constitution of any banking institution in relation to which such action has been taken or in the constitution of its board of directors or in the appointment of any person entrusted with the management of its affairs. 13 in this section banking institution includes any individual or any association of individuals whether incorporated or not, or whether a department of government or a separate institution, carrying on the business of banking. 1. subs. by act 26 of , s. 6, for subsections 2, 3 and 4 w.e.f. . 2. subs. by act 3 of , s. 17, for banking companies act, w.e.f. .

section 32. of the state bank of india act : 1 the state bank shall, if so required, by the reserve bank, act as agent of the reserve bank at all places in india where it has a branch 1 and where there is no branch of the banking department of the reserve bank, for a paying, receiving, collecting and remitting money, bullion and securities on behalf of any government in india and b undertaking and transacting any other business which the reserve bank may from time to time entrust to it. 2 the terms and conditions on which any such agency business shall be carried on by the state bank on behalf of the reserve bank shall be such as may be agreed upon. 3 if no agreement can be reached on any matter referred to in subsection 2 or if a dispute arises between the state bank and the reserve bank as to the interpretation of any agreement between them, the matter shall be referred to the central government and the decision of the central government thereon shall be final. 4 the state bank may transact any business or perform any functions entrusted to it under subsection 1 2by itself 3 or through an agent approved by the reserve bank. 1. the words or where there is a branch of a subsidiary bank omitted by act 19 of , s. 7 w.e.f. . 2. subs. by act 38 of , s. 64 and the third schedule, for either by itself w.e.f. . 3. the words or through a subsidiary bank omitted by act 19 of , s. 7 w.e.f. .

section 31a. of the state bank of india act : 131a. meetings of local boards. 1 a local board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 2 all questions at the meeting shall be decided by a majority of the votes of the members present and in the case of equality of votes, the person presiding at the meeting shall have a second or casting vote. 3 a member who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into by or on behalf of the state bank, shall, at the earliest possible opportunity, disclose the nature of his interest to the local board and shall not be present at any meeting of the local board when any such contract, loan, arrangement or proposal is discussed unless his presence is required by the other members for the purpose of eliciting information, and no member so required to be present shall vote on any such contract, loan, arrangement or proposal: provided that nothing contained in this subsection shall apply to such member by reason only of his being i a shareholder other than a director holding not more than two per cent. of the paidup capital in any public company as defined in the companies act, 1 of , or any corporation established by or under any law for the time being in force in india or any cooperative society, with which or to which the state bank has entered into or made or proposes to enter into or make, a contract, loan, arrangement or proposal or ii a director ex officio of the state bank 2. 4 if for any reason neither the president nor the vicepresident is able to be present at a meeting of the local board, any member, 3other than the chief general manager elected by the members present from amongst themselves, shall preside at the meeting. 5 notwithstanding anything contained in this section, the chairman shall preside at any meeting of a local board at which he is present and in the absence of the chairman, 4the managing director authorised by the chairman, shall, whenever he is present, preside at such meetings. 1. ins. by act 35 of , s. 10 w.e.f. . 2. the words or a director of a subsidiary bank omitted by act 19 of , s. 6 w.e.f. . 3. subs. by act 48 of , s. 11, for certain words w.e.f. . 4. subs. by act 27 of , s. 24, for the vicechairman, if he is a member of the local board w.e.f. .

section 34. of the state bank of india act : 16 save as otherwise provided in 2this act the state bank shall not own or, acquire any 3 immovable property except for the purpose of providing buildings or other accomodation in which to carry on the business of the state bank or for providing residences for its officers and other employees: provided that if any such building or other accommodation is not immediately required for any of the purposes of the state bank, the state bank may utilise it to the best advantage by letting it out or in any other manner. 1. subsections 1, 2, 3 or 5 omitted by s. 13, ibid. w.e.f. .earlier subsection 3 was substituted for subsections 3 or 4 by act 29 of , s. 5 w.e.f. . 2. subs. by act 56 of , s.2, for section 33 w.e.f. . 3. the words interest in omitted by s. 2, ibid. w.e.f. .

section 37. of the state bank of india act : the state bank shall establish a reserve fund which shall consist of a the amount held in the reserve fund of the imperial bank transferred to the state bank on the appointed day and b such further sums as may be transferred to it by the state bank out of its annual net profits before declaring a dividend.

section 35a. of the state bank of india act : 135a. arrangement with the state bank on appointment of directors to prevail. 1 where any arrangement entered into by the state bank with a company provides for the appointment by the state bank of one or more directors of such company, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the state bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the state bank and may be removed or substituted by any person by order in writing of the state bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. ins. by act 1 of , s. 43 w.e.f. .

section 36. of the state bank of india act : 1 the state bank shall maintain a special fund to be known as the integration and development fund into which shall be paid a the dividends payable to the 1central government on such shares of the state bank held by it as do not exceed fiftyfive per cent. of the total issued capital and b such contributions as the 2 the central government may make from time to time. 3provided that if the balance in the integration and development fund on the date of declaration of any dividends by the state bank is rupees five crores or more, no amount shall be paid into that fund under clause a and the dividends payable to the 1central government shall be 4paid to that government, and if such balance on such date is less than rupees five crores, only so much of dividends then payable as will bring such balance to rupees five crores shall be paid into that fund and the balance of such dividends shall be paid to the 1central government. 2 the amount in the said fund shall be applied exclusively for meeting a losses in excess of such yearly sum as may be agreed upon between the 1central government and the state bank and attributable to the branches established in pursuance of subsection 5 of section 16 5 6 b such other losses or expenditure as may be approved by the central government in consultation with the reserve bank. 3 subject to the provisions of subsection 2, the said fund shall be the property, of the 1central government and no shareholder of the state bank or any other person shall have any claim to the amount held in the said fund. 74 no amount applied for any of the purposes specified in subsection 2 shall, for the purposes of the 8incometax act, 43 of , be treated as income, profits or gains of the state bank. 1. subs. by act 32 of , s. 9, for reserve bank w.e.f. . 2. the words the reserve bank or omitted by s. 9, ibid. w.e.f. . 3. the proviso added by act 35 of , s. 12 w.e.f. . 4. subs. by act 32 of , s. 9, for paid to that bank w.e.f. . 5. the word and omitted by act 38 of , s. 64 and the third schedule w.e.f. . 6. clause aa omitted by act 19 of , s. 8 w.e.f. . 7. ins. by act 26 of , s. 7 w.e.f. . 8. subs. by act 3 of , s. 18, for indian incometax act, 11 of w.e.f. .

section 38. of the state bank of india act : 1 after making provision for bad and doubtful debts, depreciation in assets, equalisation of dividends, contribution to staff and superannuation funds and for all other matters for which provisions is necessary by or under this act or which are usually provided for by banking companies, the state bank may, out of its net profits, declare a dividend. 2 subject to the provisions of paragraph 6 of the first schedule, the rate of dividend shall be determined by the central board.

section 38a. of the state bank of india act : 138a. transfer of unpaid or unclaimed dividend. 1 where, after the commencement of the state bank of india amendment act, 27 of , a dividend has been declared by the state bank but which has not been paid to a shareholder or claimed by any shareholder entitled to it, within thirty days from the date of declaration, the state bank shall, within seven days from the date of expiry of the said period of thirty days, transfer the total amount of dividend which remains unpaid, or unclaimed, to a special account to be named, the unpaid dividend account maintained by it. explanation.in this subsection, the expression dividend which remains unpaid means any dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimed. 2 where the whole or any part of any dividend, declared by the state bank before the commencement of the state bank of india amendment act, 27 of , remains unpaid at such commencement, the state bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in subsection 1. 3 any money transferred to the unpaid dividend account of the state bank, in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer shall be transferred by the state bank to the investor education and protection fund established under subsection 1 of section 205c of the companies act, 1 of for being utilised for the purpose and in the manner specified in that section. 1. ins. by act 27 of , s. 25 w.e.f. .

section 39. of the state bank of india act : the central board shall cause the books of the state bank to be closed, and balanced 1as on the 31st day of 2march 3or such other date in each year as the central government may, by notification in the official gazette, specify: 4provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this section, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to, the books in respect of the concerned years. 1. ins. by act 48 of , s. 14 w.e.f. . 2. subs. by act 27 of , s. 26, for december w.e.f. . 3. subs. by act 66 of , s. 14, for in each year w.e.f. . 4. the proviso ins. by s. 14, ibid. w.e.f. .

section 40. of the state bank of india act : 1 the state bank shall furnish to the central government and to the reserve bank 1within three months from the 31st day of 2march 3or the date specified under section 39, as the case may be as on which its books are closed and balanced its balance sheet, together with the profit and loss account and the 4auditors report and a report by the central board on the working and activities of the state bank during the period covered by the accounts: 5provided that the central government may, after consultation with the reserve bank, extend the said period of three months by such further period, not exceeding three months, as it may think fit. 62 the balance sheet and the profit and loss account shall be signed by the chairman, managing directors and at least three other directors of the central board. 3 the state bank shall also, within two months from the date on which its accounts are closed and balanced, transmit to the central government and the reserve bank a statement showing, as far as may be available, the name, address and occupation of, and the number of shares held by, each shareholder of the state bank as on the said date. 74 the central government shall cause the auditors report and the report by the central board on the working and activities of the state bank to be laid, as soon as may be after they are received, before each house of parliament 8. 1. subs. by act 48 of , s. 15, for certain words w.e.f. . 2. subs. by act 27 of , s. 27, for december w.e.f. . 3. ins. by act 66 of , s. 15 w.e.f. . 4. subs. by act 1 of , s. 44, for certain words w.e.f. . 5. the proviso added by act 48 of , s. 15 w.e.f. . 6. subs. by act 27 of , s. 27, for subsection 2 w.e.f. . 7. ins. by act 1 of , s. 44 w.e.f. . 8. certain words omitted by act 81 of , s. 3 w.e.f. .

section 43a. of the state bank of india act : 143a. bonus. 1 no officer, adviser or other employee other than an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of of the state bank shall be entitled to be paid any bonus. 2 no employee of the state bank, being an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of , shall be entitled to be paid any bonus except in accordance with the provisions of that act. 3 the provisions of this section shall have effect notwithstanding any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in any other provision of this act or in the industrial disputes act, 14 of , or any other law for the time being in force or any practice, usage or custom or any contract, agreement, settlement, award or other instrument. 1. ins. by act 64 of , s. 2 w.e.f. .

section 44. of the state bank of india act : 1 the state bank shall observe, except as otherwise required by law, the practices and usages customary among bankers, and, in particular, it shall not divulge any information relating to or to the affairs of its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the state bank to divulge such information. 2 every director, member of a local board or of a local committee, auditor, adviser, officer or other employee of the state bank shall, before entering upon his duties, make a declaration of fidelity and secrecy as in the form set out in the second schedule. 13 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 41. of the state bank of india act : 1 the affairs of the state bank shall be 1audited by two or more auditors duly qualified to act as auditors of companies under 2section 226 of the companies act, 1 of , who shall be appointed by 3the state bank with the previous approval of the reserve bank. 2 the auditors shall receive such remuneration as the reserve bank may fix in consultation with the central government. 3 an auditor may be a shareholder but not director or member of a local board or of a local committee or an officer of the state bank shall be eligible to be an auditor during his continuance in office as such director, member or officer. 4 an auditor shall on relinquishing office, be eligible for reappointment. 5 the auditors shall severally be, and continue to act as, auditors until the 4annual general meeting after their respective appointment, and if any vacancy arises before the expiry of the term of office of an auditor, the vacancy may be filled by 3the state bank with the previous approval of the reserve bank. 6 every auditor shall be supplied with a copy of the annual balance sheet and profit and loss account, and a list of all books kept by the state bank, and it shall be the duty of the auditor to examine the balance sheet and profit and loss account with the accounts and vouchers relating thereto, and in the performance of his duties, the auditor a shall have, at all reasonable times, access to the books, accounts and other documents of the state bank b may, at the expense of the state bank, or if he is appointed by the central government, at the expense of the central government, employ accountants or other persons to assist him in investigating such accounts and c may, in relation to such accounts, examine any director or any member of a local board or of a local committee or any officer of the state bank. 7 the auditors shall make a report to the central government upon the annual balance sheet and accounts, and in every such report they shall state a whether, in their opinion, the balance sheet is a full and fair balance sheet containing all the necessary particulars and properly drawn up so as to exhibit 5a true and fair view of the affairs of the state bank, and in case they have called for any explanation or information, whether it has been given and whether it is satisfactory b whether or not the transactions of the state bank which have come to their notice have been within the powers of the state bank c whether or not the returns received from the offices and branches of the state bank have been found adequate for the purpose of their audit d whether the profit and loss account shows a true balance of 6profit or loss for the period covered by such account and e any other matter which they consider should be brought to the notice of the shareholders or the central government, as the case may be. 7explanation 1. for the purposes of this act, a the balance sheet shall not be treated as not disclosing a true and fair view of the affairs of the state bank, and b the profit and loss account shall not be treated as not showing a true balance of profit or loss of the period covered by such account, merely, by reason of the fact that the balance sheet or, as the case may be, the profit and loss account, does not disclose any matters which are, by the provisions of the banking regulation act, 10 of read with the relevant provisions of this act, not required to be disclosed. explanation 2.for the purposes of this act, the accounts of the state bank shall not be deemed as having not been properly drawn up on the ground merely that they do not disclose certain matters if i those matters are such as the state bank is, by virtue of any provision contained in the banking regulation act, 10 of , read with the relevant provisions of this act, or any other act, not required to disclose and ii the provisions referred to in clause i are specified in the balance sheet and profit and loss account of the state bank or in the auditors report. 8 the auditors shall also forward a copy of the audit report to the state bank. 9 without prejudice to anything contained in the foregoing provisions, the central government may appoint at any time such auditors as it thinks fit to examine and report on the accounts of the state bank. 1. subs. by act 48 of , s. 16, for audited by two auditors w.e.f. . 2. subs. by act 26 of , s. 8, for subsection 1 of section 144 of the indian companies act, 7 of w.e.f. . 3. subs. by act 27 of , s. 28, for the reserve bank in consultation with the central government w.e.f. . 4. subs. by act 26 of , s. 8, for first w.e.f. . 5. subs. by act 35 of , s. 13, for a true and correct view w.e.f. . 6. subs. by act 26 of , s. 8, for profit and loss w.e.f. . 7. ins. by act 48 of , s. 16 w.e.f. .

section 43. of the state bank of india act : 11 the state bank may appoint such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. 22 the officers, advisers and employees of the state bank shall individually or jointly or with other officers, advisers and employees in a local committee exercise such powers and perform such duties as may by general or special order, be entrusted or delegated to them by the central board or its executive committee. 1. section 43 renumbered as subsection 1 thereof by act 35 of , s. 14 w.e.f. . 2. subs. by act 27 of , s. 30, for subsection 2 w.e.f. .

section 42., of state bank may be discussed at general meeting. of the state bank of india act : 142. balance sheet, etc., of state bank may be discussed at general meeting. 1 an annual general meeting shall be held in each financial year at the corporate centre or at such other place in mumbai other than the corporate centre or at such other place in india and at such time, as shall from time to time be specified by the central board and a general meeting other than an annual general meeting may be convened by the state bank at any other time and at such place in india as shall from time to time be specified by the central board: provided that such annual general meeting shall be held before the expiry of six weeks from the date on which the balance sheet together with the profit and loss account and auditors report, under subsection 1 of section 40, is forwarded to the central government or to the reserve bank, whichever date is earlier. 2 the shareholders present at an annual general meeting shall be entitled to discuss and adopt the balance sheet and the profit and loss account of the state bank made up to the previous 31st day of march or the date specified under section 39, as the case may be, the report of the central board on the working and activities of the state bank for the period covered by the accounts and the auditors report on the balance sheet and accounts. 1. subs. by act 27 of , s. 29, for section 42 w.e.f. .

section 45. of the state bank of india act : no provision of law relating to the winding up of companies shall apply to the state bank, and the state bank shall not be placed in liquidation save by order of the central government and in such manner as it may direct.

section 46. of the state bank of india act : 1 every director and every member of a local board or a local committee shall be indemnified by the state bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as are caused by his own wilful act or default. 2 neither a director nor a member of a local board or a local committee shall be responsible for any loss or expense caused to the state bank by the insufficiency or deficiency of the value of or title to any property or security acquired or taken on behalf of the state bank or by the insolvency or wrongful act of any customer or debtor or by anything done in or in relation to the execution of the duties of his office or otherwise than for his wilful act or default.

section 52. of the state bank of india act : amendment of act 2 of . rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 47. of the state bank of india act : 1 no act or proceeding of the central board or of a local board or a local committee shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the board or committee, as the case may be. 2 all acts done by any person acting in good faith as a director or as a member of a local board or of a local committee shall, notwithstanding that there was some defect in his appointment or qualifications, be as valid as if he was a director of the central board or a member of the local board or the local committee, as the case may be.

section 48. of the state bank of india act : power to remove difficulties omitted by the state bank of india amendment act, 35 of , s.15 w.e.f. .

section 53. of the state bank of india act : amendment of act 10 of . rep. by s. 2 and the first schedule, ibid.w.e.f. .

section 49. of the state bank of india act : 1 the central government, in consultation with the reserve bank, may, by notification in the official gazette, 1make rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the procedure for the payment of compensation under this act b the determination of persons to whom the said compensation shall be payable in all cases, including cases where shares in the imperial bank have been held by more than one person, or where they have been transferred before the appointed day but the transfer has not been registered or where the shareholder is dead 2c the manner of appointment of a director under clause ca or clause cb 3 of section 19, and all other matters connected therewith or incidental thereto 4d the time and place of meeting of the committee and the rules of procedure to be observed by it under subsection 6 of section 24a e the salary and allowances of the administrator and the members of the committee under subsection 7 of section 24a. 53 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 48 of , s. 18, for certain words w.e.f. . 2. the words, brackets and figure of subsection 1 omitted by act 3 of , s. 19 w.e.f. . 3. ins. by act 48 of , s. 18 w.e.f. . 4. ins. by act 27 of , s. 31 w.e.f. . 5. ins. by act 1 of , s. 47 w.e.f. .

section 51. of the state bank of india act : 151. requirements of foreign law to be complied within certain cases.if, according to the laws of any country outside india, the provisions of this act by themselves are not effective to transfer to and vest in the state bank any asset or liability which forms part of the undertaking of the imperial bank and which is situate in that country, the imperial bank shall take all such steps as may be required by the laws of that country for the purpose of effecting or perfecting such transfer and vesting, and in connection therewith the imperial bank may realise any asset and discharge any liability and transfer the net proceeds thereof to the state bank. 1. subs. by act 33 of , s. 5, for section 51 w.e.f. .

section 50. of the state bank of india act : show related subordinates 1 the central board may, after consultation with the reserve bank and with the previous sanction of the central government 1by notification in the official gazette make regulations, not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the nature of shares of the state bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders 2aa the procedure for increasing issued capital by the issue of equity or preference shares under subsection 2 and the manner of accepting money for issued capital, forfeiture and reissue of shares under subsection 5 , of section 5 ab the manner of nominating an individual by one individual under subsection 1 , the manner of nominating an individual by the joint holders under subsection 2, the manner of varying or cancellation of nomination under subsection 3, and the manner of nominating a minor under subsection 4 , of section 10a 3b the maintenance of register of shareholders, and the particulars to be entered in such register in addition to those specified in section 13, the safeguards to be observed in the maintenance of register of shareholders on computer 4floppies or diskettes or any other electronic form, the inspection and closure of the register of shareholders and all other matters connected therewith c the holding and conduct of elections under this act, including the allocation of elected directors to the various areas 5falling within the jurisdiction of each local head office, and the final determination of doubts or disputes regarding the qualifications of candidates for election or regarding the validity of elections 6ca the determination of areas falling within the jurisdiction of each local head office 7d the powers, functions and duties of local boards and the restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of local committees including the number of members of any such committee and of committees of local boards, the powers, functions and duties of such committees, the holding of meetings of local committees and committees of local boards and the conduct of business thereat e the fees and allowances which may be paid to directors, or members of local boards or local committees for attending any meetings of the central board or of its committees or of the local boards or local committees, as the case may be, or for attending to any other work of the state bank f the manner in which the business of the central board 8or of local boards shall be transacted and the procedure to be followed at the meetings thereof g the formation of committees of the central board and the delegation of powers and functions of the central board to such committees and the conduct of business in such committees 9 i the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised j the holding of meetings of shareholders 10 and the business to be transacted thereat k the manner in which notices may be served on behalf of the state bank upon shareholders or other persons l the provision of seals for the state bank and the manner and effect of their use m the conduct and defence of legal proceedings and the manner of signing pleadings n the duties and conduct of officers, other employees, advisers and agents of the state bank 11o the establishment and maintenance of superannuation pension, provident or other funds for the benefit of the employees of the state bank or of the dependants of such employees or for the purposes of the state bank, and the granting of superannuation allowances, annuities and pensions payable out of any such fund p the form and manner in which contracts binding on the state bank may be executed 12q the terms, conditions, stipulations, restrictions and limitations, if any, in the transaction by the state bank of its businesses in regard to the advancing or lending of money or the discounting or purchase of any instrument, negotiable or otherwise, with or without reference to any security, purpose, amount, period or otherwise r the conditions subject to which alone, advances may be made to directors, members of local boards or of local committees or officers of the state bank, or the relatives of such directors, members or officers or to companies, firms or individuals with which or with whom such directors, members, officers, or relatives, are connected as partners, directors, managers, servants, shareholders or otherwise s the statements, returns, and forms that are required for the purposes of this act t the payment of dividends, including interim dividends u generally for the conduct of the business of the state bank. 132a all regulations made under this section shall have effect from such earlier or later date as may be specified in the regulations. 3 notwithstanding anything contained in this section, the first regulations shall be made by the reserve bank with the previous sanction of the central government, and thereupon shall be deemed to be the regulations made by the central board under this section and shall have force accordingly until they are amended or repealed. 144 every regulation shall, as soon as may be after it is made under this act by the central board, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 66 of , s. 17 w.e.f. . 2. ins. by act 27 of , s. 32 w.e.f. . 3. subs. by act 3 of , s. 20, for clause b w.e.f. . 4. subs. by act 27 of , s. 32,for floppies or diskettes w.e.f. . 5. subs. by act 3 of , s. 20, for certain words w.e.f. . 6. ins. by act 3 of , s. 20 w.e.f. . 7. subs. by act 35 of , s. 16, for clause d w.e.f. . 8. ins. by s. 16, ibid. w.e.f. . 9. omitted by s. 16, ibid. w.e.f. . 10. the words on branch registers omitted by act 3 of , s. 20 w.e.f. . 11. subs. by act 26 of , s. 10, for clause o w.e.f. . 12. subs. by act 48 of , s. 19, for clause q w.e.f. . 13. ins. by act 48 of , s. 19 w.e.f. . 14. ins. by act 1 of , s. 48 w.e.f. . regulations yeardescriptionfiles state bank of india general amendment regulations, state bank of india employees pension fund regulations state bank of india employees provident fund regulations state bank of india general amendment regulations state bank of india employees pension fund amendment regulations state bank of india general amendment regulations

section 57. of the state bank of india act : 157. dissolution of imperial bank, etc. 1 on such day as the central government may, by notification in the official gazette, specify in this behalf the imperial bank shall stand dissolved, and the imperial bank of india act, 47 of , shall stand repealed. 2 on the day specified in the notification under subsection 1, the state bank shall pay to the reserve bank a sum of ten lakhs of rupees. 3 if, on the day specified in the notification under subsection 1, the imperial bank has in its possession or custody any assets created on or after the appointed day, such assets shall be disposed of in accordance with directions issued by the central government in this behalf. 1. ins. by s. 6, ibid. w.e.f. .

section 54. of the state bank of india act : 154. amendment of act 47 of . rep. by s. 2 and the first schedule, ibid. w.e.f. . 1. ins. by s. 6, ibid. w.e.f. .

section 56., in other laws. of the state bank of india act : 156. references to the imperial bank, the bank of bengal, etc., in other laws. on and from the appointed day, any reference to the imperial bank or to the bank of bengal, the bank of madras or the bank of bombay in any law other than this act or the imperial bank of india act, 47 of or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the central government, be deemed to be a reference to the state bank. 1. ins. by s. 6, ibid. w.e.f. .

section 55. of the state bank of india act : 155. no proceeding to lie in india against imperial bank after appointed day. on and from the appointed day, no person shall make any claim or demand or take any proceeding in india against the imperial bank or a director, officer or other employee thereof in his capacity as such director, officer or employee except in so far as may be necessary for enforcing the provisions of this act or except in so far as it relates to any offence committed by any such director, officer or employee. 1. ins. by s. 6, ibid. w.e.f. .

section 7. of the industrial disputes act : 17. labour courts.1 the appropriate government may, by notification in the official gazette, constitute one or more labour courts for the adjudication of industrial disputes relating to any matter specified in the second schedule and for performing such other functions as may be assigned to them under this act. 2 a labour court shall consist of one person only to be appointed by the appropriate government. 3 a person shall not be qualified for appointment as the presiding officer of a labour court, unless 2a he is, or has been, a judge of a high court or b he has, for a period of not less than three years, been a district judge or an additional district judge or 3 4d he has held any judicial office in india for not less than seven years or 4e he has been the presiding officer of a labour court constituted under any provincial act or state act for not less than five years. 5f he is or has been a deputy chief labour commissioner central or joint commissioner of the state labour department, having a degree in law and at least seven years experience in the labour department including three years of experience as conciliation officer: provided that no such deputy chief labour commissioner or joint labour commissioner shall be appointed unless he resigns from the service of the central government or state government, as the case may be, before being appointed as the presiding officer or g he is an officer of indian legal service in grade ili with three years experience in the grade. 1. subs. by act 36 of , s. 4, for section 7 w.e.f. . 2. ins. by act 36 of , s. 3 w.e.f. . 3. clause c omitted by act 46 of , s. 3 w.e.f. . 4. clauses a and b relettered as d and e respectively by act 36 of , s. 3 w.e.f. . 5.ins. by act 24 of , s. 4 w.e.f. .

section 1. of the industrial disputes act : show related subordinates 1 this act may be called the industrial disputes act, . 12 it extends to the whole of india: 2 3 it shall come into force on the first day of april, . 1. subs. by act 36 of , s. 2, for the subsection 2 w.e.f. . 2. omitted by act 51 of , s. 2 and the schedule w.e.f. .

section 2. of the industrial disputes act : in this act, unless there is anything repugnant in the subject or context, a appropriate government means i in relation to any industrial dispute concerning 1 any industry carried on by or under the authority of the central government, 2 or by a railway company 3or concerning any such controlled industry as may be specified in this behalf by the central government 4 or in relation to an industrial dispute concerning 5 6 7 8a dock labour board established under section 5a of the dock workers regulation of employment act, 9 of , or 9the industrial finance corporation of india limited formed and registered under the companies act, 1 of , or the employees state insurance corporation established under section 3 of the employees state insurance act, 34 of , or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions act, 46 of , or the central board of trustees and the state boards of trustees constituted under section 5a and section 5b, respectively, of the employees provident fund and miscellaneous provisions act, 19 of , 10, or the life insurance corporation of india established under section 3 of the life insurance corporation act, 31 of , or 11the oil and natural gas corporation limited registered under the companies act, 1 of , or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 47 of , or the central warehousing corporation established under section 3 of the warehousing corporations act, 58 of , or the unit trust of india established under section 3 of the unit trust of india act, 52 of , or the food corporation of india established under section 3 or a board of management established for two or more contiguous states under section 16 of the food corporations act, 37 of , or 12the airports authority of india constituted under section 3 of the airports authority of india act, 55 of ,or a regional rural bank established under section 3 of the regional rural banks act, 21 of , or the export credit and guarantee corporation limited or the industrial reconstruction bank of india 13the national housing bank established under section 3 of the national housing bank act, 53 of , or 14 15an air transport service, or a banking or an insurance company, a mine, an oilfield 16, a cantonment board, or a 17major port, any company in which not less than fiftyone per cent. of the paidup share capital is held by the central government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by parliament, or the central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the central government, the central government, and 18ii in relation to any other industrial dispute, including the state public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the state government, the state government: provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate government shall be the central government or the state government, as the case may be, which has control over such industrial establishment 17aa arbitrator includes an umpire 19 20aaa average pay means the average of the wages payable to a workman i in the case of monthly paid workman, in the three complete calendar months, ii in the case of weekly paid workman, in the four complete weeks, iii in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked 21b award means an interim or a final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national industrial tribunal and includes an arbitration award made under section 10a 22bb banking company means a banking company as defined in section 5 of the banking companies act, 10 of , having branches or other establishments in more than one state, and includes 23the exportimport bank of india, 24the industrial reconstruction bank of india, 25 26, 27the small industries development bank of india established under section 3 of the small industries development bank of india act, 39 of , the reserve bank of india, the state bank of india 28,a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , and any subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of c board means a board of conciliation constituted under this act 30cc closure means the permanent closing down of a place of employment or part thereof d conciliation officer means a conciliation officer appointed under this act e conciliation proceeding means any proceeding held by a conciliation officer or board under this act 31ee controlled industry means any industry the control of which by the union has been declared by any central act to be expedient in the public interest 32 f court means a court of inquiry constituted under this act g employer means, i in relation to an industry carried on by or under the authority of any department of 33the central government or a state government, the authority prescribed in this behalf, or where no authority is prescribed, the head of the department ii in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority 34gg executive, in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted 35 i a person shall be deemed to be independent for the purpose of his appointment as the chairman or other member of a board, court or tribunal, if he is unconnected with the industrial dispute referred to such board, court or tribunal or with any industry directly affected by such dispute: 36provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute but in such a case, he shall disclose to the appropriate government the nature and extent of the shares held by him in such company 37j industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen k industrial dispute means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or nonemployment or the terms of employment or with the conditions of labour, of any person 38ka industrial establishment or undertaking means an establishment or undertaking in which any industry is carried on: provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then, a if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking b if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking 39kk insurance company means an insurance company as defined in section 2 of the insurance insurance act, 4 of , having branches or other establishments in more than one state 40kka khadi has the meaning assigned to it in clause d of section 2 of the khadi and village industries commission act, 61 of 41 42kkb labour court means a labour court constituted under section 7 43kkk layoff with its grammatical variations and cognate expressions means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery 44or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. explanation.every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laidoff for that day within the meaning of this clause: provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laidoff only for onehalf of that day: provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laidoff for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day l lockout means the45temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him 46la major port means a major port as defined in clause 8 of section 3 of the indian ports act, 15 of lb mine means a mine as defined in clause j of subsection 1 of section 2 of the mines act, 35 of 41ll national tribunal means a national industrial tribunal constituted under section 7b 47lll office bearer, in relation to a trade union, includes any member of the executive thereof, but does not include an auditor m prescribed means prescribed by rules made under this act n public utility service means i any railway service 46or any transport service for the carriage of passengers or goods by air 47ia any service in, or in connection with the working of, any major port or dock ii any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends iii any postal, telegraph or telephone service iv any industry which supplies power, light or water to the public v any system of public conservancy or sanitation vi any industry specified in the 48first schedule which the appropriate government may, if satisfied that public emergency or public interest so requires, by notification in the official gazette, declare to be a public utility service for the purposes of this act, for such period as may be specified in the notification: provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate government public emergency or public interest requires such extension o railway company means a railway company as defined in section 3 of the indian railways act, 9 of 49oo retrenchment means the termination by the employer of the service of a workman for any any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include a voluntary retirement of the workman or b retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf or 50bb termination of the service of the workman as a result of the nonrenewal of the contract contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein or c termination of the service of a workman on the ground of continued illhealth 51p settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 52an officer authorised in this behalf by the appropriate government and the conciliation officer q strike means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment 53qq trade union means a trade union registered under the trade unions act, 16 of 54r tribunal means an industrial tribunal constituted under section 7a and includes an industrial tribunal constituted before the 10th day of march, , under this act 55ra unfair labour practice means any of the practices specified in the fifth schedule rb village industries has the meaning assigned to it in clause h of section 2 of the khadi and village industries commission act, 61 of 56rr wages means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes i such allowances including dearness allowance as the workman is for the time being entitled to ii the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply offoodgrains or other articles iii any travelling concession 57iv any commission payable on the promotion of sales or business or both but does not include a any bonus b any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force c any gratuity payable on the termination of his service 58s workman means any person including an apprentice employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person i who is subject to the air force act, 45 of , or the army act, 46 of , or the navy act, 62 of or ii who is employed in the police service or as an officer or other employee of a prison or iii who is employed mainly in a managerial or administrative capacity or iv who, being employed in a supervisory capacity, draws wages exceeding 59ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. state amendment kerala amendment of section 2.in section 2 of the industrial disputes act, central act 14 of , in clause s, for the words clerical or supervisory work the words clerical, supervisory work or any work for the promotion of sales shall be substituted. vide kerala act 12 of , s. 2 assam amendment of section 2.in the principal act, in section 2, in clause s, in between the words or supervisory work and for hire or reward, the words or any work for the promotion of sales, shall be inserted. vide assam act 22 of , s. 2 orissa amendment of section 2.in clauses of section 2 of the industrial disputes act 14 of , for the words and comma operational, clerical or supervisory work, the words and commas sales promotion, operational, clerical or supervisory work or any work for promotion of sales shall be substituted. vide orissa act 5 of , s. 2 rajasthan amendment of section 2, central act no. 14 of . in the industrial disputes act, central act no. 14 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, in section 2, a the existing subclause iii of clause g shall be deleted and b in clause s, the existing expression by an employer or by a contractor in relation to the execution of his contract with such employer shall be deleted. viderajasthan act 21 of , s. 2 amendment of section 2a, central act no. 14 of . in section 2a of the principal act, after the existing subsection 3, the following new subsection shall be added, namely: 4 notwithstanding anything in subsections 1, 2 and 3, no such dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: provided that an authority, as may be specified by the state government, may consider to extend the said period of three years when the applicant workman satisfies the authority that he had sufficient cause for not raising the dispute within the period of three years.. viderajasthan act 21 of , s. 3 rajasthan amendment of section 2, central act xiv of .in section 2 of the principal act i after clause aa the following new clauses shall be inserted, namely aaa arbitration proceeding means i any proceeding under chapter iiia of this act before an arbitrator, or ii any proceeding before an industrial tribunal in arbitration aaaa arbitrator means an arbitrator to whom a dispute is referred for arbitration under the provisions of chapter iiia of this act and includes an umpire ii in clause b, for the words, figures and letter under section 10a, the words, figures and letter under chapter iiia shall be substituted iii after clause eee the following new clause shall be inserted, namely eeee member means a person who is an ordinary member of a union and who has paid a subscription of not less than four annas per month: provided that no person shall at any time be deemed to be a member if his subscription is in arrears for a period of three months or more next preceding such time iv in clause g, after subclause ii, the following subclause shall be inserted, namely iii where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily a part of the industry, the owner of the industry v after clause oo the following new clauses shall be inserted, namely ooo registrar means the person for the time being appointed to be the registrar of unions under this act and includes in respect of such powers and duties of the registrar as may be conferred and imposed on him, an assistant registrar of unions oooo representative union means a union for the time being registered as a representative union under this act vi after clause rr, the following new clause shall be inserted, namely rrr union means a trade union of employees registered under the indian trade unions act, central act xvi of and vii in clause s, after the words employed in any industry, the words by an employer or by a contractor in relation to the execution of his contract with such employer shall be inserted. viderajasthan act 34 of , s. 3 1. certain words omitted by act 36 of , s. 2 w.e.f. . 2. the words by the federal railway authority omitted by the a.o. . 3. ins. by act 65 of , s. 32. 4. the words operating a federal railway omitted by the a.o. . 5. ins. by act 47 of . s. 51 and the second schedule, part iii w.e.f. . 6. subs. by act 36 of , s. 2, for the deposit insurance corporation established w.e.f. . 7. subs. by act 45 of , s. 2 w.e.f. . 8. subs. by act 46 of , s. 2 w.e.f. . 9. subs. by act 24 of , s. 2, for the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 15 of w.e.f. . 10. the words and figures or the indian airlines and air india corporations established under section 3 of the air corporations act, 27 of by s. 2, ibid. w.e.f. . 11. subs. by act 24 of , s. 2, for the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 43 of w.e.f. . 12. subs. by act 24 of ,s. 2, for the international airports authority of india constituted under section 3 of the international airports authority of india act, 48 of w.e.f. . 13. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 14. subs. by act 54 of , s. 3, for a mine oilfield. 15. subs. by act 24 of , s. 2, for a banking or an insurance company w.e.f. . 16. ins. by act 36 of , s. 2 w.e.f. . 17. subs. by act 24 of , s. 2, for major port, the central government, and w.e.f . 18. subs. by s. 2, ibid., for subclause ii w.e.f. . 19. ins. by act 43 of , s. 2 w.e.f. . 20. clause aa relettered as clause aaa by act 36 of , s. 2 w.e.f. . 21. subs. by act 36 of , s. 3, for clause b w.e.f. . 22. subs. by act 38 of , s. 64 and the third schedule, part ii, for clause bb. 23. ins. by act 28 of , s. 40 and the second schedule w.e.f. . 24. ins. by act 62 of , s. 71 and the third schedule w.e.f. . 25. ins. by act 18 of , s. 38 and the second schedule, part ii w.e.f. . 26. the words the industrial development bank of india omitted by act 53 of , s. and the schedule w.e.f. . 27. ins. by act 39 of , s. 53 and the second schedule date to be notified. 28. subs. by act 5 of , s. 20, for and any subsidiary bank w.e.f. . 29. subs. by act 40 of , s. 20 w.e.f. . 30. ins. by act 46 of , s. 2 w.e.f. . 31. ins. by act 65 of , s. 32. 32. omitted by act 36 of , s. 2 w.e.f. . 33. subs. by the a.o. , for a government in british india. 34. ins. by act 45 of , s. 2 w.e.f. . 35. clause h omitted by the a.o. . 36. ins. by act 18 of , s. 2. 37. clause j shall stand substituted as follows when clause c of section 2 of the industrial disputes amendment act, 46 of will come into force: j industry means any systematic activity carried on by cooperation between an employer and his workmen whether such workmen are employed by such employer directly or by or through any agency, including a contractor for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes not being wants or wishes which are merely spiritual or religious in nature, whether or not, i any capital has been invested for the purpose of carrying on such activity or ii such activity is carried on with a motive to make any gain or profit, and includes a any activity of the dock labour board established under section 5a of the dock workers regulation of employment act, 9 of b any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include 1 any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity being any such activity as is referred to in the foregoing provisions of this clause and such other activity is the predominant one. explanation:for the purposes of this subclause, agricultural operation does not include any activity carried on in a plantation as defined in clause f of section 2 of the plantations labour act, 69 of or 2 hospitals or dispensaries or 3 educational, scientific, research or training institutions or 4 institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service or 5 khadi or village industries or 6 any activity of the government relatable to the sovereign functions of the government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space or 7 any domestic service or 8 any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individual or body of individuals in relation to such profession is less than ten or 9 any activity, being an activity carried on by a cooperative society or a club or any other like body of individuals, if the number of persons employed by the cooperative society, club or other like body of individuals in relation to such activity is less than ten 38. ins. by act 46 of , s. 2 w.e.f. . 39. ins. by act 54 of , s. 3. 40. ins. by act 46 of , s. 2 w.e.f. . 41. ins. by act 36 of , s. 3 w.e.f. . 42. clause kka relettered as clause kkb by act 46 of , s. 2 w.e.f. . 43. ins. by act 43 of , s. 2 w.e.f. . 44. subs. by act 46 of , s. 2, for or for any other reason w.e.f. . 45. subs. by s. 2, ibid., for certain words w.e.f. . 46. ins. by act 36 of , s. 2 w.e.f. . 47. ins. by act 45 of , s. 2 w.e.f. . 48. subs. by act 36 of , s. 2 for schedule w.e.f. . 49. ins. by act 43 of , s. 2 w.e.f. . 50. ins. by act 49 of , s. 2 w.e.f. . 51. subs. by act 36 of , s. 3, for clause p w.e.f. . 52. ins. by act 35 of , s. 2 w.e.f. . 53. ins. by act 46 of , s. 2 w.e.f. . 54. subs. by act 18 of , s. 2, for clause r w.e.f. . 55. ins. by act 46 of , s. 2 w.e.f. . 56. ins. by act 43 of , s. 2 w.e.f. . 57. ins. by act 46 of , s. 2 w.e.f. . 58. subs. by s. 2, ibid., for clause s w.e.f. . 59. subs. by act 24 of , s. 2, for one thousand six hundred rupees w.e.f. .

section 6. of the industrial disputes act : 1 the appropriate government may as occasion arises by notification in the official gazette constitute a court of inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. 2 a court may consist of one independent person or of such number of independent persons as the appropriate government may think fit and where a court consists of two or more members, one of them shall be appointed as the chairman. 3 a court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: provided that, if the appropriate government notifies the court that the services of the chairman have ceased to be available, the court shall not act until a new chairman has been appointed.

section 3. of the industrial disputes act : 1 in the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate government may by general or special order require the employer to constitute in the prescribed manner a works committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the committee shall not be less than the number of representatives of the employer. the representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the indian trade unions act, 16 of . 2 it shall be the duty of the works committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters.

section 2a., of an individual workman to be deemed to be an industrial dispute. of the industrial disputes act : 12a. dismissal, etc., of an individual workman to be deemed to be an industrial dispute. 21where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. 32notwithstanding anything contained in section l0, any such workman as is specified in subsection 1may, make an application direct to the labour court or tribunal for adjudication of the dispute referred to therein after the expiry of fortyfive days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act and all the provisions of this act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate government. 3 the application referred to in subsection 2 shall be made to the labour court or tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in subsection 1. state amendment andhra pradesh 2. in section 2a the following subsection shall be added, namely: 3 notwithstanding anything in subsections 1 and 2, no such dispute or difference between that workman and his employer connected with or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute if such dispute is not raised in conciliation proceeding within a period of three years from the date of such discharge, dismissal, retrenchment or termination: provided that the labour court or the conciliation officer, as the case may be, may consider to extend the said period of three years when the applicant workman satisfies the court or conciliation officer that he had sufficient cause for not raising the dispute within the period of three years.. vide andhra pradesh 12 of , s. 2 union territory of jammu and kashmir and ladakh section 2a.in subsection 3, for three years, substitute one year. vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 35 of , s. 3 w.e.f. . 2. section 2a numbered as subsection 1 thereof by act 24 of , s. 3 w.e.f. . 3. ins. by s. 3, ibid. w.e.f. .

section 7b. of the industrial disputes act : 17b. national tribunals.1 the central government may, by notification in the official gazette, constitute one or more national industrial tribunals for the adjudication of industrial disputes which, in the opinion of the central government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such disputes. 2 a national tribunal shall consist of one person only to be appointed by the central government. 3 a person shall not be qualified for appointment as the presiding officer of a national tribunal 2unless he is, or has been, a judge of a high court. 4 the central government may, if it so thinks fit, appoint two persons as assessors to advise the national tribunal in the proceeding before it. 1. subs. by act 36 of , s. 4, for section 7 w.e.f. . 2. subs. by s. 5, ibid., for certain words w.e.f. .

section 4. of the industrial disputes act : 1 the appropriate government may, by notification in the official gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes. 2 a conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

section 8. of the industrial disputes act : 18. filling of vacancies.if, for any reason a vacancy other than a temporary absence occurs in the office of the presiding officer of a labour court, tribunal or national tribunal or in the office of the chairman or any other member of a board or court, then, in the case of a national tribunal, the central government and in any other case, the appropriate government, shall appoint another person in accordance with the provisions of this act to fill the vacancy, and the proceeding may be continued before the labour court, tribunal, national tribunal, board or court, as the case may be, from the stage at which the vacancy is filled. 1. subs. by act 36 of , s. 5, for sections 8 and 9 w.e.f. .

section 5. of the industrial disputes act : 1 the appropriate government may as occasion arises by notification in the official gazette constitute a board of conciliation for promoting the settlement of an industrial dispute. 2 a board shall consist of a chairman and two or four other members, as the appropriate government thinks fit. 3 the chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party: provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate government shall appoint such persons as it thinks fit to represent that party. 4 a board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number: provided that if the appropriate government notifies the board that the services of the chairman or of any other member have ceased to be available, the board shall not act until a new chairman or member, as the case may be, has been appointed.

section 9. of the industrial disputes act : 19. finality of orders constituting boards, etc.1 no order of the appropriate government or of the central government appointing any person as the chairman or any other member of a board or court or as the presiding officer of a labour court, tribunal or national tribunal shall be called in question in any manner and no act or proceeding before any board or court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such board or court. 2 no settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in subsection 6 of section 12 or subsection 5 of section 13, as the case may be. 3 where the report of any settlement arrived at in the course of conciliation proceeding before a board is signed by the chairman and all the other members of the board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members including the chairman of the board during any stage of the proceeding. 1. subs. by act 36 of , s. 5, for sections 8 and 9 w.e.f. .

section 7a. of the industrial disputes act : 17a. tribunals.1 the appropriate government may, by notification in the official gazette, constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the second schedule or the third schedule 2and for performing such other functions as may be assigned to them under this act. 31a the industrial tribunal constituted by the central government under subsection 1 shall also exercise, on and from the commencement of part xiv of chapter vi of the finance act, , the jurisdiction, powers and authority conferred on the tribunal referred to in section 7d of the employees provident funds and miscellaneous provisions act, 19 of . 2 a tribunal shall consist of one person only to be appointed by the appropriate government. 3 a person shall not be qualified for appointment as the presiding officer of a tribunal unless a he is, or has been, a judge of a high court or 4aa he has, for a period of not less than three years, been a district judge or an additional district judge 5 6b he is or has been a deputy chief labour commissioner central or joint commissioner of the state labour department,, having a degree in law and at least seven years experience in the labour department including three years of experience as conciliation officer: provided that no such deputy chief labour commissioner or joint labour commissioner shall be appointed unless he resigns from the service of the central government or state government, as the case may be, before being appointed as the presiding officer or c he is an officer of indian legal service in grade iii with three years experience in the grade. 7 4 the appropriate government may, if it so thinks fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. state amendment karnataka amendment of section 7a.in subsection 3 of section 7a of the industrial disputes act, central act 14 of hereinafter referred to as the principal act, after clause a, the following clause shall be inserted, namely: aa he is, or has been a district judge, or vide karnataka act 6 of , s. 2 amendment of section 7a.in clause aa of subsection 3 of section 7a of the industrial disputes act, central act 14 of , as inserted by the industrial disputes karnataka amendment act, karnataka act 6 of , after the words district judge the words for a period of not less than three years, shall be inserted. vide karnataka act 35 of , s. 2 kerala amendment of section 7a.in subsection 3 of section 7a of the industrial disputes act, central act 14 of for clause a, the following clause shall be substituted, namely: a he is, or has been, a judicial officer not below the rank of a district judge, or is qualified for appointment as a judge of a high court or . vide kerala act 28 of , s. 2 orissa amendment of section 7a act 14 of .in subsection 3 of section 7a of the industrial disputes act, 14 of , after clause a, the following new clause shall be inserted, namely: aa he has been a member of the orissa superior judicial service for a period of not less than seven years. vide orissa act 6 of , s. 2 1. subs. by act 36 of , s. 4, for section 7 w.e.f. . 2. ins. by act 46 of , s. 4 w.e.f. . 3. ins. by act 7 of , s. 158 w.e.f. . 4. ins. by act 36 of , s. 4 w.e.f. . 5. the word or omitted by act 46 of , s. 4 w.e.f. . 6. ins. by act 24 of , s. 5 w.e.f. . 7. clause b omitted by act 46 of , s. 4 w.e.f. .

section 7d. of the industrial disputes act : 17d. qualifications, terms and conditions of service of presiding officer.notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the presiding officer of the industrial tribunal appointed by the central government under subsection 1 of section 7a, shall, after the commencement of 1the tribunal reforms act, , be governed by the provisions of chapter ii of the said act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 158 w.e.f. . 2. subs. by act 33 of , s. 8, for part xiv of chapter vi of the finance act, 7 of , be governed by the provisions of section 184 of that act w.e.f. .

section 7c. of the industrial disputes act : 17c. disqualifications for the presiding officers of labour courts, tribunals and national tribunals. no person shall be appointed to, or continue in, the office of the presiding officer of a labour court, tribunal or national tribunal, if a he is not an independent person or b he has attained the age of sixtyfive years. 1. subs. by act 36 of , s. 4, for section 7 w.e.f. .

section 9a. of the industrial disputes act : 19a. notice of change.no employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the fourth schedule, shall effect such change, a without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected or b within twentyone days of giving such notice: provided that no notice shall be required for effecting any such change a where the change is effected in pursuance of any 2settlement or award or b where the workmen likely to be affected by the change are persons to whom the fundamental and supplementary rules, civil services classification, control and appeal rules, civil services temporary service rules, revised leave rules, civil service regulations, civilians in defence services classification, control and appeal rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply. 1. ins. by act 36 of , s. 6 w.e.f. . 2. subs. by act 24 of , s. 6, for chapter iib w.e.f. .

section 9b. of the industrial disputes act : 19b. power of government to exempt.where the appropriate government is of opinion that the application of the provisions of section 9a to any class of industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate government may, by notification in the official gazette, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workmen employed in any industrial establishment. 1. ins. by act 36 of , s. 6 w.e.f. .

section 9c. of the industrial disputes act : 19c. setting up of grievance redressal machinery.1 every industrial establishment employing twenty or more workmen shall have one or more grievance redressal committee for the resolution of disputes arising out of individual grievances. 2 the grievance redressal committee shall consist of equal number of members from the employer and the workmen. 3 the chairperson of the grievance redressal committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year. 4 the total number of members of the grievance redressal committee shall not exceed more than six: provided that there shall be, as far as practicable, one woman member if the grievance redressal committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately. 5 notwithstanding anything contained in this section, the setting up of grievance redressal committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this act. 6 the grievance redressal committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party. 7 the workman who is aggrieved of the decision of the grievance redressal committee may prefer an appeal to the employer against the decision of grievance redressal committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned. 8 nothing contained in this section shall apply to the workmen for whom there is an established grievance redressal mechanism in the establishment. rajasthan amendment of section 9d, central act 14 of .in the industrial disputes act, central act 14 of , as amended by the industrial disputes rajasthan amendment act, rajasthan act 34 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, in section 9d, for the words three months next preceding the date of its so applying, the words at least three months during the period of six months immediately preceding the calendar month in which it so applies shall be substituted. vide rajasthan act 14 of , s. 2 amendment of section 9e, central act 14 of .in section 9e of the principal act, the existing section shall be numbered as subsection 1 and after subsection 1 so renumbered, the following new subsection shall be inserted, namely: 2 once a union has been registered as a representative union under this act, the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9f of this act or another union is registered in its place according to section 9g of this act. vide rajasthan act 14 of , s. 3 amendment of section 9f, central act 14 of .in subclause ii of clause a of section 9f of the principal act, after the words continuous period of three months, the words at any time after two years from the date of its registration shall be inserted. vide rajasthan act 14 of , s. 4 amendment of section 9g, central act 14 of .in section 9g of the principal act a in subsection 1 i the words at any time, occurring after the word if shall be deleted and ii after the words for a unit of an industry, the words at any time after a lapse of two years from the date of registration of the representative union shall be inserted and b in subsection 3, for the words three months immediately preceding the date of the application, the words at least three months during the period of six months immediately preceding the calendar month in which it so applied shall be substituted. vide rajasthan act 14 of , s. 5 amendment of section 9c, central act no. 14 of . section 9c of the principal act, as inserted by the rajasthan act no. 34 of , shall be renumbered as 9cc. vide rajasthan act 21 of , s. 5 amendment of section 9d, central act no. 14 of . in section 9d of the principal act, as inserted by the rajasthan act no. 34 of , the existing expression fifteen per cent shall be substituted by the expression thirty per cent. vide rajasthan act 21 of , s. 6 state amendment rajasthan amendment of section 9d, central act 14 of .in the industrial disputes act, central act 14 of , as amended by the industrial disputes rajasthan amendment act, rajasthan act 34 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, in section 9d, for the words three months next preceding the date of its so applying, the words at least three months during the period of six months immediately preceding the calendar month in which it so applies shall be substituted. vide rajasthan act 14 of , s. 2 amendment of section 9e, central act 14 of .in section 9e of the principal act, the existing section shall be numbered as subsection 1 and after subsection 1 so renumbered, the following new subsection shall be inserted, namely: 2 once a union has been registered as a representative union under this act, the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9f of this act or another union is registered in its place according to section 9g of this act. vide rajasthan act 14 of , s. 3 amendment of section 9f, central act 14 of .in subclause ii of clause a of section 9f of the principal act, after the words continuous period of three months, the words at any time after two years from the date of its registration shall be inserted. vide rajasthan act 14 of , s. 4 amendment of chapter iib, central act no.14 of . chapter iib of the principal act, as inserted by the rajasthan act no. 34 of , shall be renumbered as chapter iic. vide rajasthan act 21 of , s. 4 amendment of section 9g, central act 14 of .in section 9g of the principal act a in subsection 1 i the words at any time, occurring after the word if shall be deleted and ii after the words for a unit of an industry, the words at any time after a lapse of two years from the date of registration of the representative union shall be inserted and b in subsection 3, for the words three months immediately preceding the date of the application, the words at least three months during the period of six months immediately preceding the calendar month in which it so applied shall be substituted. vide rajasthan act 14 of , s. 5 amendment of section 9c, central act no. 14 of . section 9c of the principal act, as inserted by the rajasthan act no. 34 of , shall be renumbered as 9cc. vide rajasthan act 21 of , s. 5 amendment of section 9d, central act no. 14 of . in section 9d of the principal act, as inserted by the rajasthan act no. 34 of , the existing expression fifteen per cent shall be substituted by the expression thirty per cent. vide rajasthan act 21 of , s. 6 1. ins. by act 46 of , s. 7 w.e.f. .

section 10. of the industrial disputes act : 1 1where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, a refer the dispute to a board for promoting a settlement thereof or b refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry or 2c refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication or d refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: provided that where the dispute relates to any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause c: 3provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this subsection notwithstanding that any other proceedings under this act in respect of the dispute may have commenced: 4provided also that where the dispute in relation to which the central government is the appropriate government, it shall be competent for that government to refer the dispute to a labour court or an industrial tribunal, as the case may be, constituted by the state government. 51a where the central government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a national tribunal, then, the central government may, whether or not it is the appropriate government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a national tribunal for adjudication. 2 where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a board, court, 6labour court, tribunal or national tribunal, the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly. 72a an order referring an industrial dispute to a labour court, tribunal or national tribunal under this section shall specify the period within which such labour court, tribunal or national tribunal shall submit its award on such dispute to the appropriate government: provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the labour court, tribunal or national tribunal for extension of such period or for any other reason, and the presiding officer of such labour court, tribunal or national tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: provided also that in computing any period specified in this subsection, the period, if any, for which the proceedings before the labour court, tribunal or national tribunal had been stayed by any injunction or order of a civil court shall be excluded: provided also that no proceedings before a labour court, tribunal or national tribunal shall lapse merely on the ground that any period specified under this subsection had expired without such proceedings being completed. 3 where an industrial dispute has been referred to a board, 7labour court, tribunal or national tribunal under this section, the appropriate government may by order prohibit the continuance of any strike or lockout in connection with such dispute which may be in existence on the date of the reference. 84 where in an order referring an industrial dispute to 9a labour court, tribunal or national tribunal under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, 10the labour court or the tribunal or the national tribunal, as the case may be, shall confine its adjudication to those points and matters incidental thereto. 5 where a dispute concerning any establishment or establishments has been, or is to be, referred to a 11labour court, tribunal or national tribunal under this section and the appropriate government is of opinion, whether on an application made to it in this behalf or otherwise, that the dispute is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute, the appropriate government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments. 126 where any reference has been made under subsection 1a to a national tribunal, then notwithstanding anything contained in this act, no labour court or tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the national tribunal, and accordingly, a if the matter under adjudication before the national tribunal is pending a proceeding before a labour court or tribunal, the proceeding before the labour court or the tribunal, as the case may be, in so far as it relates to such matter, shall be deemed to have been quashed on such reference to the national tribunal and b it shall not be lawful for the appropriate government to refer the matter under adjudication before the national tribunal to any labour court or tribunal for adjudication during the pendency of the proceeding in relation to such matter before the national tribunal. 13explanation.in this subsection, labour court or tribunal includes any court or tribunal or other authority constituted under any law relating to investigation and settlement of industrial disputes in force in any state. 7 where any industrial dispute, in relation to which the central government is not the appropriate government, is referred to a national tribunal, then notwithstanding anything contained in this act, any reference in section 15, section 17, section 19, section 33a, section 33b and section 36a to the appropriate government in relation to such dispute shall be construed as a reference to the central government but, save as aforesaid and as otherwise expressly provided in this act, any reference in any other provision of this act to the appropriate government in relation to that dispute shall mean a reference to the state government. 148 no proceedings before a labour court, tribunal or national tribunal in relation to an industrial dispute shall lapse merely by reason of the death of any of the parties to the dispute being a workman, and such labour court, tribunal or national tribunal shall complete such proceedings and submit its award to the appropriate government. state amendment karnataka amendment of central act xiv of .1 in section 10 of the industrial disputes act, , as amended by the industrial disputes madras amendment act, madras act xii of , subsection 2a shall be omitted. 2 section 10a of the industrial disputes act, , as inserted by the industrial disputes mysore amendment act, mysore act 15 of , shall be omitted. vide karnataka act 1 of , s. 2 karnataka amendment of section 10.in the industrial disputes act, central act 14 of hereinafter referred to as the principal act, in section 10, after subsection 4, the following subsection shall be inserted namely: 4a notwithstanding anything contained in the section 9c and in this section, in the case of a dispute falling within the scope of section 2a, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes karnataka amendment act, , whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute and the labour court dispose of such application in the same manner as a dispute referred under subsection 1. note.an application under subsection 4a, may be made even in respect of a dispute pending consideration of the government for reference, on the date of commencement of the industrial disputes karnataka amendment act, . vide karnataka act 5 of , s. 2 1. subs. by act 18 of , s. 3, for if any industrial dispute exists or is apprehended, the appropriate government may. 2. subs. by act 36 of , s. 7, for clause c w.e.f. . 3. subs. by s. 7, ibid., for provided that w.e.f. . 4. ins. by act 46 of , s. 8 w.e.f. . 5. ins. by act 36 of , s. 7 w.e.f. . 6. subs. by s. 7, ibid.,for or tribunal w.e.f. . 7. ins. by act 46 of , s. 8 w.e.f. . 8. ins. by act 18 of , s. 3. 9. subs. by act 36 of , s. 7, for a tribunal w.e.f. . 10. subs. by s. 7, ibid., for the tribunal w.e.f. . 11. subs. by s. 7, ibid., for tribunal w.e.f. . 12. ins. by s. 7, ibid. w.e.f. . 13. ins. by act 36 of , s. 5 w.e.f. . 14. ins. by act 46 of , s. 8 w.e.f. .

section 11. of the industrial disputes act : 11 subject to any rules that may be made in this behalf, an arbitrator, a board, court, labour court, tribunal or national tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit. 2 a conciliation officer or a member of a board, 2or court or the presiding officer of a labour court, tribunal or national tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates. 3 every board, court, 3labour court, tribunal and national tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a enforcing the attendance of any person and examining him on oath b compelling the production of documents and material objects c issuing commissions for the examination of witnesses d in respect of such other matters as may be prescribed and every inquiry or investigation by a board, court, 4labour court, tribunal or national tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of . 4 a conciliation officer 5may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute 6or to be necessary for the purpose of verifying the implementation of any award award or carrying out any other duty imposed on him under this act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , 7in respect of enforcing the attendance of any person and examining him or of compelling the production of documents. 85 a court, labour court, tribunal or national tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it. 6 all conciliation officers, members of a board or court and the presiding officers of a labour court, tribunal or national tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 7 subject to any rules made under this act, the costs of, and incidental to, any proceeding before a labour court, tribunal or national tribunal shall be in the discretion of that labour court, tribunal or national tribunal and the labour court, tribunal or national tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate government by the person entited, be recovered by that government in the same manner as an arrear of land revenue. 98 every 10labour court, tribunal or national tribunal shall be deemed to be civil court for the purposes of 11sections 345, 346 and 348 of the code of criminal procedure, 2 of . 129 every award made, order issued or settlement arrived at by or before labour court or tribunal or national tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a civil court under order 21 of the code of civil procedure, 5 of . 10 the labour court or tribunal or national tribunal, as the case may be, shall transmit any award, order or settlement to a civil court having jurisdiction and such civil court shall execute the award, order or settlement as if it were a decree passed by it. state amendments karnataka amendment of section 11.for subsection 4 of section 11 of the principal act, the following subsection shall be substituted, namely: 4 a consiliation officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this act, call for and inspect such document or summon and examine such person. for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, central act v of , in respect of the following matters, namely: i summoning and enforcing the attendance of any person and examining him on oath ii compelling the production of documents iii issuing commission for examination of witness. 4a whoever refuses or fails to attend or take part in a conciliation proceedings or fails or refuses to produce the documents in pursuance of an order issued under subsection 4, shall, on conviction, be punishable with imprisonment for a period which may extend to three months or with fine which may extend to five hundred rupees or with both. vide karnataka act 5 of , s. 4 1. subs. by act 36 of , s. 9, for subsection 1 w.e.f. . 2. subs. by s. 9, ibid., for court or tribunal w.e.f. . 3. subs. by s. 9, ibid., for and tribunal w.e.f. . 4. subs. by s. 9,ibid.,for or tribunal w.e.f. . 5. subs. by act 46 of , s. 9, for may call for w.e.f. . 6. ins. by act 36 of , s. 9 w.e.f. . 7. subs. by act 46 of , s. 9, for certain words w.e.f. . 8. subs. by act 36 of , s. 9, for subsections 5 to 7 w.e.f. . 9. ins. by act 48 of , s. 34 and the schedule. 10. subs. by act 36 of , s. 9, for tribunal w.e.f. . 11. subs. by act 46 of , s. 9, for certain words w.e.f. . 12. ins. by act 24 of , s. 7 w.e.f .

section 11a. of the industrial disputes act : 111a. powers of labour courts, tribunals and national tribunals to give appropriate relief in in case of discharge or dismissal of workmen. where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a labour court, tribunal or national tribunal for adjudication and, in the course of the adjudication proceedings, the labour court, tribunal or national tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: provided that in any proceeding under this section the labour court, tribunal or national tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter. state amendment tamil nadu insertion of new section 11bafter section 11a of the industrial disputes act, central act xiv of , the following section shall be inserted, namely: 11b. power of labour court or tribunal to execute its award by decree a labour court or a tribunal shall have the power of a civil court to execute its own award as a decree of a civil court and also to execute any settlement as defined in clause p of section 2 as a decree. vide tamil nadu act 45 of , s. 2 in section 11b of the industrial disputes act, for the expression award the expression award and order shall be substituted. vide tamil nadu act 19 of , s. 2 1. ins. by act 45 of , s. 3 w.e.f. .

section 10a. of the industrial disputes act : 110a. voluntary reference of disputes to arbitration.1 where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a labour court or tribunal or national tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons including the presiding officer of a labour court or tribunal or national tribunal as an arbitrator or arbitrators as may be specified in the arbitration agreement. 21a where an arbitration agreement provides for a reference of the dispute to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this act. 2 an arbitration agreement referred to in subsection 1 shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed. 3 a copy of the arbitration agreement shall be forwarded to the appropriate government and the conciliation officer and the appropriate government shall, within 3one month from the date of the receipt of such copy, publish the same in the official gazette. 23a where an industrial dispute has been referred to arbitration and the appropriate government is satisfied that the persons making the reference represent the majority of each party, the appropriate government may, within the time referred to in subsection 3, issue a notification in such manner as may be prescribed and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators. 4 the arbitrator or arbitrators shall investigate the dispute and submit to the appropriate government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. 24a where an industrial dispute has been referred to arbitration and a notification has been issued under subsection 3a, the appropriate government may, by order, prohibit the continuance of any strike or lockout in connection with such dispute which may be in existence on the date of the reference. 5 nothing in the arbitration act, 10 of , shall apply to arbitration under this section. state amendments kerala 2. insertion of new section 10b.after section 10a of the industrial disputes act, central act 14 of hereinafter referred to as the principal act, the following section shall be inserted, namely: 10b. power to issue orders regarding terms and conditions of service pending settlement of disputes. 1 where an industrial dispute has been referred by the state government to a labour court or tribunal under subsection 1 of section 10 and if, in the opinion of that government, it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or industrial peace in the establishment concerning which such reference has been made, it may, by general or special order, make provision a for requiring the employers or workmen or both to observe such terms and conditions of employment as may be specified in the order or as may be determined in accordance with the order, including payment of money by the employer to any person who is or has been a workman b for requiring any public utility service not to close or remain closed and to work or continue to work on such terms and conditions as may be specified in the order and c for any incidental or supplementary matters which appear to it to be necessary or expedient for the purposes of the order: provided that no order made under this subsection shall require any employer to observe terms and conditions of employment less favourable to the workmen than those which were applicable to them at any time within three months immediately preceding the date of the order. explanation.for the purposes of this subsection public utility service means i any section of an industrial establishment on the working of which the safety of the establishment or the workmen employed therein depends ii any industry which supplies power, light or water to the public iii any industry which has been declared by the state government to be a public utility service for the purposes of this act. 2 an order made under subsection 1 shall cease to operate on the expiry of a period of six months from the date of order or on the date of the award of the labour court or the tribunal, as the case may be, whichever is earlier. 3 any money paid by an employer to any person in pursuance of any order under subsection 1 may be deducted by that employer from out of any monetary benefit to which such person becomes entitled under the provisions of any award passed by the labour court or the tribunal, as the case may be. vide kerala act 30 of , s. 2 w.e.f. karnataka insertion of new section 10b.after section 10a of the principal act, the following section shall be inserted namely: 10b. power to issue order regarding terms and conditions of service pending settlement of disputes.1 where an industrial dispute has been referred by the state government to a labour court or a tribunal under subsection 1 of section 10 and if in the opinion of the state government it is necessary or expedient so to do for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintain employment or industrial peace in the establishment concerning which such reference has been made, it may, by general or special order, make provision, a for requiring the employer or workman or both to observe such terms and conditions of employment s may be specified in the order or as may be determined in accordance with the order, including payment of money by the employer to any person who is or has been a workman b for requiring any public utility service not to close or remain closed and to work or continue to work on such terms and conditions as may be specified in the order, and c for any incidental or supplementary matter which appears to it to be necessary or expedients for the purpose of the order: provident that no order made under this subsection shall require any employer to observe terms and conditions of employment less favorable to the workman than those which were applicable to them at any time within the months immediately preceeding the date of the order. explanation.for the purpose the this subsection public utility service means, i any section of an industrial establishment on the working of which the safety of the establishment or the workman employed therein depends ii any industry which supplies power, light or water to the public iii any industry which has been declared by the state government to be a public utility service for the purpose of this act. 2 an order made under subsection 1 shall cease to operate on the expiry of a period of six months from the date of the order or on the date of the award of the labour court or the tribunal, as the case may be, whichever is earlier. 3 any money paid by an employer to any person in pursuance of an order under subsection 1, may be deducted by that employer from out of any monetary benefit to which such person becomes entitled under the provisions of any award passed by the labour court or the tribunal, as the case may be. vide karnataka act 5 of , s. 3 rajasthan insertion of new section 10k, in central act 14 of ./after section 10j of the principal act, the following new section shall be inserted, namely: 10k. state government may lay down terms and conditions of employment and prohibit strikes, etc. 1 notwithstanding anything contained in the act, if in the opinion of the state government, it is necessary or expedient so to do, for securing the public safety or convenience or the maintenance of public order or supplies and services essential to the life of the community or for maintaining employment or maintaining industrial peace, it may by a general or special order, make provision a for requiring employers, workmen or both to observe for such period as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order and b for prohibiting, subject to the provision of the order, strikes or lockouts generally or a strike or lockout in connection with any industrial dispute. 2 in case any industrial dispute is raised in respect of any provisions in the order of the state government made under subsection 1 within a period of three months of the order, it shall be referred by the state government for adjudication to an industrial tribunal and the order shall lapse when the award of the tribunal becomes enforceable: provided, however, that the reference of the industrial dispute to adjudication shall not have the effect of staying the operation of the order. vide rajasthan act 14 of , s. 6 insertion of new chapter iiia in central act xiv of . for section 10a of the principal act, the following new chapter shall be inserted, namely: chapter iiia. arbitration. 10b. submission.1 any employer and a representative union or, in the absence of any registered representative union, any other union which is representative of employees may, by a written agreement, agree to submit any present or future industrial dispute or class of such disputes to the arbitration of any person whether such arbitrator is named in such agreement or not. such agreement shall be called a submission. 2 a copy of every such submission shall be sent to the registrar who shall register it in the register to be maintained for the purpose and shall publish it in such manner as may be prescribed. 10c. submission when revocable.every submission shall in the absence of any provision to the contrary contained therein be irrevocable: provided that a submission to refer future disputes to arbitration may at any time be revoked by any of the parties to such submission by giving the other party three months notice in writing: provided further that, before the expiry of the said period of three months the parties may agree to continue the submission for such further period as may be agreed upon between them. 10d. proceedings in arbitration.the proceedings in arbitration under this chapter shall be in accordance with the provisions of the arbitration act, central act x of in so far as they are applicable and the powers which are exercisable by a civil court under the said provisions shall be exercisable by the industrial tribunal. 10e. special case may be stated to industrial tribunal. the arbitrator may refer any question of law arising before him in any proceeding under this act to the industrial tribunal for its decision. any award made by the arbitrator shall be in accordance with such decision. 10f, award by arbitrator.the arbitrator shall, after hearing the parties concerned, make an award which shall be signed by him. 10g. dispute to be referred to industrial tribunal if no arbitrator appointed.notwithstanding anything contained in this chapter, if no provision has been made in any submission for the appointment of an arbitrator or where by reason of any circumstances no arbitrator is appointed, such dispute may be referred by the state government for adjudication by the industrial tribunal. 110h. state government may refer industrial dispute to industrial tribunal for adjudication. notwithstanding anything contained in this chapter the state government may, at any time, refer an industrial dispute for adjudication by the industrial tribunal, if on a report made by the conciliation officer or otherwise it is satisfied that a by reason of the continuance of the dispute a a serious outbreak of disorder or a breach of the public peace is likely to occur or b serious or prolonged hardship to a large section of the community is likely to be caused or c the industry concerned is likely to be seriously affected or the prospects and scope for employment therein curtailed or, b the dispute is not likely to be settled by other means or c it is necessary in the public interest to do so. 2 when the state government makes a reference to the industrial tribunal for adjudication of any industrial dispute, any submission or any award of an arbitrator with regard to that industrial dispute shall stand as cancelled. 10i. notice of award to parties. 1 the arbitrator or the industrial tribunal as an arbitrator, as the case may be, shall forward copies of the award made by him or it to the parties, the commissioner of labour, the registrar and the state government. 2 on receipt of such award, the registrar shall enter it in the register kept for the purpose. 10j. completion of proceeding. the arbitration proceeding shall be deemed to have completed when the award is published under section 17. vide rajasthan act 34 of , s. 6 1. ins. by act 36 of , s. 8 w.e.f. . 2. ins. by act 36 of , s. 6 w.e.f. . 3. subs. by s. 6, ibid., for fourteen days w.e.f.

section 12. of the industrial disputes act : 1 where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner. 2 the conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. 3 if a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate government 1or an officer authorised in this behalf by the appropriate government together with a memorandum of the settlement signed by the parties to the dispute. 4 if no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. 5 if, on a consideration of the report referred to in subsection 4, the appropriate government is satisfied that there is a case for reference to a board, 2labour court, tribunal or national tribunal, it may make such reference. where the appropriate government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. 6 a report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate government: 3provided that, 4subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute. 1. ins. by act 35 of , s. 4 w.e.f. . 2. subs. by act 36 of , s. 10, for or tribunal w.e.f. . 3. ins. by act 36 of , s. 10 w.e.f. . 4. ins. by act 36 of , s. 8 w.e.f. .

section 13. of the industrial disputes act : 1 where a dispute has been referred to a board under this act, it shall be the duty of the board to endeavour to bring about a settlement of the same and for this purpose the board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. 2 if a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the board shall send a report thereof to the appropriate government together with a memorandum of the settlement signed by the parties to the dispute. 3 if no such settlement is arrived at, the board shall, as soon as practicable after the close of the investigation, send to the appropriate government a full report setting forth the proceedings and steps taken by the board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its findings thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute. 4 if, on the receipt of a report under subsection 3 in respect of a dispute relating to a public utility service, the appropriate government does not make a reference to a 1labour court, tribunal or national tribunal under section 10, it shall record and communicate to the parties concerned its reasons therefor. 5 the board shall submit its report under this section within two months of the date 2on which the dispute was referred to it or within such shorter period as may be fixed by the appropriate government: provided that the appropriate government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: provided further that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute. 1. subs. by act 36 of , s. 11, for tribunal w.e.f. . 2. subs. by act 40 of , s. 6, for of the notice under section 22.

section 17. of the industrial disputes act : 117. publication of reports and awards.1 every report of a board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a labour court, tribunal or national tribunal shall, within a period of thirty days from the date of its receipt by the appropriate government, be published in such manner as the appropriate government thinks fit. 2 subject to the provisions of section 17a, the award published under subsection 1 shall be final and shall not be called in question by any court in any manner whatsoever. 1. subs. by act 36 of , s. 12, for sections 15, 16, 17 and 17a w.e.f. .

section 14. of the industrial disputes act : a court shall inquire into the matters referred to it and report thereon to the appropriate government ordinarily within a period of six months from the commencement of its inquiry.

section 15. of the industrial disputes act : 115. duties of labour courts, tribunals and national tribunals.where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 2within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to subsection 2a of section 10, submit its award to the appropriate government. 1. subs. by act 36 of , s. 12, for sections 15, 16, 17 and 17a w.e.f. . 2. subs. by act 46 of , s. 10, for certain words w.e.f. .

section 16. of the industrial disputes act : 116. form of report or award.1 the report of a board or court shall be in writing and shall be signed by all the members of the board or court, as the case may be: provided that nothing in this section shall be deemed to prevent any member of the board or court from recording any minute of dissent from a report or from any recommendation made therein. 2 the award of a labour court or tribunal or national tribunal shall be in writing and shall be signed by its presiding officer. 1. subs. by act 36 of , s. 12, for sections 15, 16, 17 and 17a w.e.f. .

section 17a. of the industrial disputes act : 117a. commencement of the award.1 an award including an arbitration award shall become enforceable on the expiry of thirty days from the date of its publication under section 17: provided that a if the appropriate government is of opinion, in any case where the award has been given by a labour court or tribunal in relation to an industrial dispute to which it is a party or b if the central government is of opinion, in any case where the award has been given by a national tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate government, or as the case may be, the central government may, by notification in the official gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. 2 where any declaration has been made in relation to an award under the proviso to subsection 1, the appropriate government or the central government may, within ninety days from the date of publication of the award under section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the legislature of the state, if the order has been made by a state government, or before parliament, if the order has been made by the central government. 3 where any award as rejected or modified by an order made under subsection 2 is laid before the legislature of a state or before parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid and where no order under subsection 2 is made in pursuance of a declaration under the proviso to subsection 1, the award shall become enforceable on the expiry of the period of ninety days referred to in subsection 2. 4 subject to the provisions of subsection 1 and subsection 3 regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under subsection 1 or sub section 3, as the case may be. 1. subs. by act 36 of , s. 12, for sections 15, 16, 17 and 17a w.e.f. .

section 17b. of the industrial disputes act : 117b. payment of full wages to workman pending proceedings in higher courts.where in any case, a labour court, tribunal or national tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a high court or the supreme court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such court: provided that where it is proved to the satisfaction of the high court or the supreme court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be. 1. ins. by act 46 of , s. 11 w.e.f. .

section 18. of the industrial disputes act : 11 a settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement. 2 2subject to the provisions of subsection 3, an arbitration award which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration. 33 a settlement arrived at in the course of conciliation proceedings under this act 4or an arbitration award in a case where a notification has been issued under subsection 3a of section 10a or 5an award 6of a labour court, tribunal or national tribunal which has become enforceable shall be binding on a all parties to the industrial dispute b all other parties summoned to appear in the proceedings as parties to the dispute, unless the board, 7arbitrator, 8labour court, tribunal or national tribunal, as the case may be, records the opinion that they were so summoned without proper cause c where a party referred to in clause a or clause b is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates d where a party referred to in clause a or clause b is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part. 1. ins. by act 36 of , s. 13 w.e.f. . 2. subs. by act 36 of , s. 9, for an arbitration award w.e.f. . 3. section 18 renumbered as subsection 3 of that section by act 36 of , s. 13 w.e.f. . 4. ins. by act 36 of , s. 9 w.e.f. . 5. subs. by act 48 of , s. 34 and the schedule, for an award which is declared by the appropriate government to be binding under subsection 2 of section 15. 6. ins. by act 36 of , s. 13 w.e.f. . 7. ins. by act 36 of , s. 9 w.e.f. . 8. subs. by act 36 of , s. 13, for or tribunal w.e.f. .

section 19. of the industrial disputes act : 1 a settlement 1 shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute. 2 such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months 2from the date on which the memorandum of settlement settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement. 33 an award shall, subject to the provisions of this section, remain in operation for a period of one year 4from the date on which the award becomes enforceable under section 17a: provided that the appropriate government may reduce the said period and fix such period as it thinks fit: provided further that the appropriate government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three years from the date on which it came into operation. 4 where the appropriate government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate government may refer the award or a part of it 5to a labour court, if the award was that of a labour court or to a tribunal, if the award was that of a tribunal or of a national tribunal for decision whether the period of operation should not, by reason of such change, be shortened and the decision of 6labour court or the tribunal, as the case may be on such reference shall, 7 be final. 5 nothing contained in subsection 3 shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award. 6 notwithstanding the expiry of the period of operation under subsection 3, the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award. 87 no notice given under subsection 2 or subsection 6 shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may be. 1. the words arrived at in the course of a conciliation proceeding under this act omitted by s. 14, ibid. w.e.f. . 2. ins. by s. 14, ibid. w.e.f. . 3. subs. by act 48 of , s. 34 and the schedule, for subsection 3. 4. ins. by act 36 of , s. 14 w.e.f. . 5. subs. by s. 14, ibid., for to a tribunal w.e.f. . 6. subs. by s. 14, ibid., for the tribunal w.e.f. . 7. the words subject to the provision for appeal omitted by s. 14, ibid. w.e.f. . 8. ins. by act 36 of , s. 10 w.e.f. .

section 20. of the industrial disputes act : 1 a conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lockout under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a board, as the case may be. 2 a conciliation proceeding shall be deemed to have concluded a where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute b where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate government or when the report of the board is published under section 17, as the case may be or c when a reference is made to a court, 1labour court, tribunal or national tribunal under section 10 during the pendency of conciliation proceedings. 3 proceedings 2before an arbitrator under section 10a or before a labour court, tribunal or national tribunal shall be deemed to have commenced on the date or the 3reference of the dispute for arbitration or adjudication, as the case may be and such proceedings shall be deemed to have concluded 4on the date on which the award becomes enforceable under section 17a. 1. subs. by act 36 of , s. 15, for or tribunal w.e.f. . 2. subs. by s. 15, ibid., for before a tribunal w.e.f. . 3. subs. by s. 15, ibid., for reference of a dispute for adjudication w.e.f. . 4. subs. by act 18 of , s. 4, for certain words.

section 21. of the industrial disputes act : there shall not be included in any report or award under this act any information obtained by a conciliation officer, board, court, 1labour court, tribunal, tribunal, national tribunal or an arbitrator in the course of any investigation or inquiry as to a trade union or as to any individual business whether carried on by a person, firm or company which is not available otherwise than through the evidence given before such officer, board, court, 1labour court, tribunal, national tribunal or an arbitrator, if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, board, court, 1labour court, tribunal, national tribunal or an arbitrator, as the case may be, that such information shall be treated as confidential nor shall such conciliation officer or any individual member of the board, 2or court or the presiding officer of the labour court, tribunal or national tribunal or the arbitrator or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be: provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the indian penal code 45 of . 1. subs. by act 36 of , s. 16, for or tribunal w.e.f. . 2. subs. by s. 16, ibid., for court or tribunal w.e.f. .

section 22. of the industrial disputes act : 1 no person employed in a public utility service shall go on strike in breach of contract a without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking or b within fourteen days of giving such notice or c before the expiry of the date of strike specified in any such notice as aforesaid or d during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 2 no employer carrying on any public utility service shall lockout any of his workmen a without giving them notice of lockout as hereinafter provided, within six weeks before locking out or b within fourteen days of giving such notice or c before the expiry the date of lockout specified in any such notice as aforesaid or d during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 3 the notice of lockout or strike under this section shall not be necessary where there is already in existence a strike or, as the case may be, lockout in the public utility service, but the employer shall send intimation of such lockout or strike on the day on which it is declared, to such authority as may be specified by the appropriate government either generally or for a particular area or for a particular class of public utility services. 4 the notice of strike referred to in subsection 1 shall be given by such number of persons to such person or persons and in such manner as may be prescribed. 5 the notice of lockout referred to in subsection 2 shall be given in such manner as may be prescribed. 6 if on any day an employer receives from any persons employed by him any such notices as are referred to in subsection 1 or gives to any persons employed by him any such notices as are referred to in subsection 2, he shall within five days thereof report to the appropriate government or to such authority as that government may prescribe the number of such notices received or given on that day.

section 25c. of the industrial disputes act : 1 225c. right of workmen laidoff for compensation.whenever a workman other than a badli workman or a casual workman whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laidoff, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laidoff, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laidoff: provided that if during any period of twelve months, a workman is so laidoff for more than fortyfive days, no such compensation shall be payable in respect of any period of the layoff after the expiry of the first fortyfive days, if there is an agreement to that effect between the workman and the employer: provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25f at any time after the expiry of the first fortyfive days of the layoff and when he does so, any compensation paid to the workman for having been laidoff during the preceding twelve months may be set off against the compensation payable for retrenchment. explanation.badli workman means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment. 1. ins. by act 43 of , s. 3 w.e.f. . 2. subs. by act 35 of , s. 5, for section 25c w.e.f. .

section 23. of the industrial disputes act : no workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lockout a during the pendency of conciliation proceedings before a board and seven days after the conclusion of such proceedings b during the pendency of proceedings before 1a labour court, tribunal or national tribunal and two months after the conclusion of such proceedings 2 3bb during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under subsection 3a of section 10a or c during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. 1. subs. by act 36 of , s. 17, for a tribunal w.e.f. . 2. the word or omitted by act 36 of , s. 11 w.e.f. . 3. ins. by s. 11, ibid. w.e.f. .

section 24. of the industrial disputes act : 1 a strike or a lockout shall be illegal if i it is commenced or declared in contravention of section 22 or section 23 or ii it is continued in contravention of an order made under subsection 3 of section 10 1or subsection 4a of section 10a. 2 where a strike or lockout in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a board, 1an arbitrator, a 2labour court, tribunal or national tribunal, the continuance of such strike or lockout shall not be deemed to be illegal, provided that such strike or lockout was not at its commencement in contravention of the provisions of this act or the continuance thereof was not prohibited under subsection 3 of section 10 1or subsection 4a of section 10a. 3 a lockout declared in consequence of an illegal strike or a strike declared in consequence of an illegal lockout shall not be deemed to be illegal. state amendment rajasthan amendment of section 25, central act 16 of . in section 25 of the principal act, a in subsection 1, for the word registrar the words registering officer, for the words direct that, the words register the document and for the expression ,such document shall be accepted for registration, the words on such document shall be substituted and b subsection 2 shall be omitted. vide2/i rajasthan act 18 of , s. 3 1. ins. by act 36 of , s. 12 w.e.f. . 2. subs. by act 36 of , s. 18, for or tribunal w.e.f. .

section 25a. of the industrial disputes act : 125a. application of sections 25c to 25e.1 sections 25c to 25e inclusive 2shall not apply to industrial establishments to which chapter vb applies, or a to industrial establishments in which less than fifty workmen on an average per working day have been employed in the preceding calendar month or b to industrial establishments which are of a seasonal character or in which work is performed only intermittently. 2 if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be final. 3explanation.in this section and in sections 25c, 25d and 25e, industrial establishment means i a factory as defined in clause m of section 2 of the factories act 63 of or ii a mine as defined in clause i of section 2 of the mines act, 35 of or iii a plantation as defined in clause f of section 2 of the plantations labour act, 69 of . 1. ins. by act 43 of , s. 3 w.e.f. . 2. subs. by act 32 of , s. 2, for shall not apply w.e.f. . 3. subs. by act 48 of , s. 2, for the explanation w.e.f. .

section 25. of the industrial disputes act : no person shall knowingly expend or apply any money in direct furtherance of support of any illegal strike or lockout.

section 25b. of the industrial disputes act : 1 225b. definition of continuous service.forthe purposes of this chapter, 1 a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lockout or a cessation of work which is not due to any fault on the part of the workman 2 where a workman is not in continuous service within the meaning of clause 1 for a period of one year or six months, he shall be deemed to be in continuous service under an employer a for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than i one hundred and ninety days in the case of a workman employed below ground in a mine and ii two hundred and forty days, in any other case b for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than i ninetyfive days, in the case of a workman employed below ground in a mine and ii one hundred and twenty days, in any other case. explanation.for the purposes of clause 2, the number of days on which a workman has actually worked under an employer shall include the days on which i he has been laidoff under an agreement or as permitted by standing orders made under the industrial employment standing orders act, 20 of , or under this act or under any other law applicable to the industrial establishment ii he has been on leave with full wages, earned in the previous years iii he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and iv in the case of a female, she has been on maternity leave so, however, that the total period of such maternity leave does not exceed twelve weeks. 1. ins. by act 43 of , s. 3 w.e.f. . 2. subs. by act 36 of , s. 13, for section 25b w.e.f. .

section 25e. of the industrial disputes act : 125e. workmen not entitled to compensation in certain cases.no compensation shall be paid to a workman who has been laidoff i if he refuses to accept any alternative employment in the same establishment from which he has been laidoff, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also ii if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day iii if such layingoff is due to a strike or slowingdown of production on the part of workmen in another part of the establishment. 1. ins. by act 43 of , s. 3 w.e.f. .

section 25d. of the industrial disputes act : 125d. duty of an employer to maintain muster rolls of workmen.notwithstanding that workmen in any industrial establishment have been laidoff, it shall be the duty of every employer to maintain for the purposes of this chapter a muster roll and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours. 1. ins. by act 43 of , s. 3 w.e.f. .

section 25f. of the industrial disputes act : 125f. conditions precedent to retrenchment of workmen.no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until a the workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice 2 b the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay 3for every completed year of continuous service or any part thereof in excess of six months and c notice in the prescribed manner is served on the appropriate government 4or such authority as may be specified by the appropriate government by notification in the official gazette. state amendment union territory of jammu and kashmir and ladakh section 25f.in clause b, for fifteen days, substitute thirty days vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 43 of , s. 3 w.e.f. . 2. the proviso omitted by act 49 of , s. 3 w.e.f. . 3. subs. by act 36 of , s. 14, for for every completed year of service w.e.f. . 4. ins. by s. 14, ibid. w.e.f. .

section 25h. of the industrial disputes act : 125h. reemployment of retrenched workmen.where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opportunity 2to the retrenched workmen who are citizens of india to offer themselves for reemployment and such retrenched workman who offer themselves for reemployment shall have preference over other persons. 1. ins. by act 43 of , s. 3 w.e.f. . 2. subs. by s. 16, ibid., for certain words w.e.f. .

section 25ff. of the industrial disputes act : 125ff. compensation to workmen in case of transfer of undertakings.where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25f, as if the workman had been retrenched: provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if a the service of the workman has not been interrupted by such transfer b the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer and c the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer. 1. subs. by act 18 of , s. 3, for section 25ff w.e.f. .

section 25ffa. of the industrial disputes act : 125ffa. sixty days notice to be given of intention to close down any undertaking.1 an employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate government stating clearly the reasons for the intended closure of the undertaking: provided that nothing in this section shall apply to a an undertaking in which i less than fifty workmen are employed, or ii less than fifty workmen were employed on an average per working day in the preceding twelve months, b an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project. 2 notwithstanding anything contained in subsection 1, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions of subsection 1 shall not apply in relation to such undertaking for such period as may be specified in the order. 1. ins. by act 32 of , s. 2.

section 25fff. of the industrial disputes act : 1 where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of subsection 2, be entitled to notice and compensation in accordance with the provisions of section 25f, as if the workman had been retrenched: provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause b of section 25f shall not exceed his average pay for three months. 1explanation. an undertaking which is closed down by reason merely of i financial difficulties including financial losses or ii accumulation of undisposed of stocks or iii the expiry of the period of the lease or licence granted to it or iv in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this subsection. 21a notwithstanding anything contained in subsection 1, where an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to in that subsection shall be entitled to any notice or compensation in accordance with the provisions of section 25f, if a the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure b the service of the workman has not been interrupted by such alternative employment and c the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment. 1b for the purposes of subsections 1 and 1a, the expressions minerals and mining operations shall have the meanings respectively assigned to them in clauses a and d of section 3 of the mines and minerals regulation and development act, 67 of . 2 where any undertaking setup for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been setup, no workman employed therein shall be entitled to any compensation under clause b of section 25f, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every 3completed year of continuous service or any part thereof in excess of six months. 1. subs. by act 45 of , s. 4, for the explanation w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3 subs. by act 36 of , s. 15, for completed year of service w.e.f. .

section 25g. of the industrial disputes act : 125g. procedure for retrenchment.where any workman in an industrial establishment, who is a citizen of india, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman. 1. ins. by act 43 of , s. 3 w.e.f. .

section 25l. of the industrial disputes act : 125l. definitions.for the purposes of this chapter, a industrial establishment means i a factory as defined in clause m of section 2 of the factories act, 63 of ii a mine as defined in clause i of sub section 1 of section 2 of the mines act, 35 of or iii a plantation as defined in clause f of section 2 of the plantations labour act, 69 of b notwithstanding anything contained in subclause ii of clause a of section 2, i in relation to any company in which not less than fiftyone per cent. of the paidup share capital is held by the central government, or ii in relation to any corporation not being a corporation referred to in subclause i of clause a of section 2 established by or under any law made by parliament, the central government shall be the appropriate government. rajasthan amendment of section 25l, central act no. 14 of .in clause b of section 25l of the principle act, for the expression the central government shall be the appropriate government, the expression the state government shall have no powers under his this chapter shall be substituted. vide rajasthan act 8 of , s. 3 1. ins. by act 32 of , s. 2 w.e.f. .

section 25j. of the industrial disputes act : 125j. effect of laws inconsistent with this chapter.1 the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under the industrial employment standing orders act, 20 of : 2provided that where under the provisions of any other act or rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the workman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this act. 2 for the removal of doubts, it is hereby declared that nothing contained in this chapter shall be deemed to affect the provisions of any other law for the time being in force in any state in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to layoff and retrenchment shall be determined in accordance with the provisions of this chapter. 1. ins. by act 43 of , s. 3 w.e.f. . 2. subs. by s. 17, ibid., for the proviso w.e.f. .

section 25k. of the industrial disputes act : 125k. application of chapter vb.1 the provisions of this chapter shall apply to an industrial establishment not being an establishment of a seasonal character or in which work is performed only intermittently in which not less than 2one hundred workmen were employed on an average per working day for the preceding twelve months. 2 if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be final. state amendment andhra pradesh in section 25k the following shall be substituted, namely: 25k.application of chapter vb:1 the provisions of this chapter shall apply to an industrial establishment not being an establishment of a seasonal character or in which work is performed only intermittently in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. 2 without prejudice to the provisions of subsection 1, the state government, may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the official gazette apply the provisions of this chapter to an industrial establishment not being an establishment of a seasonal character or in which work is performed only intermittently in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. 3 if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the state government thereon shall be final. vide andhra pradesh 12 of , s. 3 assam amendment of section 25k.in the principal act, in section 25k, for the words one hundred, appearing in between the words than and workmen, the words three hundred shall be substituted. vide assam act 22 of , s. 2 karnataka amendment of section 25k.in section 25k of the principal act, after subsection 1, the following subsection shall be inserted, namely: 1a notwithstanding anything contained in subsection 1 the state government may, from time to time by notification in the official gazette, apply the provisions of section 25o and section 25r in so far, as they relate to contravention of subsection 2 of section 25o, also to an industrial establishment of a seasonal character or in which work is performed only intermittently in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. vide the karnataka act 5 of , s. 5 orissa amendment of section 25k..in section 25k of the industrial disputes act, 14 of hereinafter referred to as the principal act, in subsection 1, for the words three hundred, the words one hundred shall be substituted. vide the orissa act 6 of , s. 2 union territory of jammu and kashmir and ladakh section 25k.in subsection 1, for one hundred, substitute three hundred. vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . rajasthan amendment of section 25k, central act no. 14 of . after subsection 1 of section 25k of the industrial disputes act, central act no. 14 of , hereinafter referred to as the principle act, the following new subsection shall be inserted, namely: 1a without prejudice to the provisions contained in sub section 1, the state government may, if satisfied that maintenance of industrial peace or prevention of vietimisation of workmen so requires, by notification in the official gazette, apply the provisions of this chapter to an industrial establishment not being an establishment of a seasonal character or in which work is performed only intermittently in which such number of workmen, which may be less than three hundred but not less than one hundred as may be specified in the notification, were employed on an average per working day for the preceding twelve months. vide rajasthan act 8 of , s.2 rajasthan amendment of section 25k, central act no. 14 of . for the existing section 25k of the principal act, the following shall be substituted, namely: 25k. application of chapter vb. 1 the provisions of this chapter shall apply to an industrial establishment not being an establishment of a seasonal character or in which work is performed only intermittently in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. 2 without prejudice to the provisions of subsection 1, the state government may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the official gazette apply the provisions of this chapter to an industrial establishment, not being an establishment of a seasonal character or in which work is performed only intermittently in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. 3 if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be final.. vide rajasthan act 21 of , s. 7 1. ins. by act 32 of , s. 2 w.e.f. . 2. subs. by act 46 of , s. 12, for three hundred w.e.f. .

section 25i.. of the industrial disputes act : 125i. recovery of moneys due fromemployres under this chapter.rep. by the industrial disputes amendment and miscellaneous provisions act, 36 of , s. 19 w.e.f. . 1. ins. by act 43 of , s. 3 w.e.f. .

section 25m. of the industrial disputes act : 125m. prohibition of layoff.1 no workman other than a badli workman or a casual workman whose name is borne on the muster rolls of an industrial establishment to which this chapter applies shall be laidoff by his employer except 2with the prior permission of the appropriate government or such authority as may be specified by that government by notification in the official gazette hereafter in this section referred to as the specified authority, obtained on an application made in this behalf, unless such layoff is due to shortage of power or to natural calamity, and in the case of a mine, such layoff is due also to fire, flood, excess of inflammable gas or explosion. 32 an application for permission under subsection 1 shall be made by the employer in the prescribed manner stating clearly the reasons for the intended layoff and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner. 3 where the workman other than badli workmen or casual workmen of an industrial establishment, being a mine, have been laidoff under subsection 1 for reasons of fire, flood or excess of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of thirty days from the date of commencement of such layoff, apply, in the prescribed manner, to the appropriate government or the specified authority for permission to continue the layoff. 4 where an application for permission under subsection 1 or subsection 3 has been made, the appropriate government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such layoff, may, having regard to the genuineness and adequacy of the reasons for such layoff, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 5 where an application for permission under subsection 1 or subsection 3 has been made and the appropriate government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. 6 an order of the appropriate government or the specified authority granting or refusing to grant permission shall, subject to the provisions of subsection 7, be final and binding on all the parties concerned and shall remain in force for one year from the date of such order. 7 the appropriate government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection 4 or refer the matter or, as the case may be, cause it to be referred, to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such reference. 8 where no application for permission under subsection 1 is made, or where no application for permission under subsection 3 is made within the period specified therein, or where the permission for any layoff has been refused, such layoff shall be deemed to be illegal from the date on which the workmen had been laidoff and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laidoff. 9 notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of subsection 1, or, as the case may be, subsection 3 shall not apply in relation to such establishment for such period as may be specified in the order. 410 the provisions of section 25c other than the second proviso thereto shall apply to cases of layoff referred to in this section. explanation.for the purposes of this section, a workman shall not be deemed to be laidoff by an employer if such employer offers any alternative employment which in the opinion of the employer does not call for any special skill or previous experience and can be done by the workman in the same establishment from which he has been laidoff or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the workman having regard to the facts and circumstances of his case, provided that the wages which would normally have been paid to the workman are offered for the alternative appointment also. state amendment rajasthan amendment of section 25m, central act no. 14 of . in section 25m of the principle act, a in subsection 1, between the expression this chapter applies and the expression shall be laid off, the expression or is applied under subsection 1a of section 25k shall be inserted and for the expression apropriate government, the expression state government shall be substituted b in subsection 2, for the expression amendment act, the expression rajasthan amendment act, shall be substituted c for the existing subsection 3, the following subsections shall be substituted, namely: 3 in the case of every application for permission under subsection 1 or subsection 2, the employer shall state clearly the reasons due to which he intends to lay off or continue the lay off of a workman and a copy of such application shall be served on the workman intended to be laid off or continued to be laid off by registered post with acknowledgment due. 4 where an application for permission has been made under subsection 1 or subsection 2, the authority to whom the application has been made, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer and the workman, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the terms of contract of service and the standing orders governing the establishment, by order and for reasons to be recorded in writing grant or refuse to grant such permission and such order shall be communicated to the employer and the workman. d the existing subsection 4 shall be renumbered as subsection 5 thereof e after subsection 5 as so renumbered the following subsection shall be inserted, namely: 6 an order of the authority specified under subsection 1 granting or refusing to gant permission shall, subject to the provisions of subsection 7, be final and binding on both the parties. 7 the authority specified under subsection 1 may, either of its own motion or on the application made by the employer or the workman , review its order granting or refusing to grant permission under subsection 4 or refer the matter to the labour court having jurisdiction for adjudication: provided that where a reference has been made to a labour court under this subsection, it shall pass an award within a period of thirty days from the date of such reference., and f the existing subsections 5 and 6 shall be renumbered as subsections 8 and 9 thereof. vide rajasthan act 8 of , s. 4 1. ins. by act 32 of , s. 2 w.e.f. . 2 subs. by act 49 of , s. 4, for certain words w.e.f. . 3. subs. by s. 4, ibid., for subsections 2 to 5 w.e.f. . 4. subsection 6 renumbered as subsection 10 by act 49 of , s. 4 w.e.f. .

section 25n. of the industrial disputes act : 1 225n. conditions precedent to retrenchment of workmen.1 no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until, a the workman has been given three months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice and b the prior permission of the appropriate government or such authority as may be specified by that government by notification in the official gazette hereafter in this section referred to as the specified authority has been obtained on an application made in this behalf. 2 an application for permission under subsection 1 shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner. 3 where an application for permission under subsection 1 has been made, the appropriate government or the specified authority, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workmen and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 4 where an application for permission has been made under subsection 1 and the appropriate government or the specified authority does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. 5 an order of the appropriate government or the specified authority granting or refusing to grant permission shall, subject to the provisions of subsection 6, be final and binding on all the parties concerned and shall remain in force for one year from the date of such order. 6 the appropriate government or the specified authority may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection 3 or refer the matter or, as the case may be, cause it to be referred, to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such reference. 7 where no application for permission under subsection 1 is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him. 8 notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct, that the provisions of sub section 1 shall not apply in relation to such establishment for such period as may be specified in the order. 9 where permission for retrenchment has been granted under subsection 3 or where permission for retrenchment is deemed to be granted under subsection 4, every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months. state amendment rajasthan amendment of section 25n, central act no. 14 of .in section 25n of the principle act, a in subsection 1, i between the expression this chapter applies and the expression who has been, the expression or is applied under subsection 1a of section 25k shall be inserted and ii for clause c, the following clause shall be substituted, namely: c three months notice in writing stating clearly the reasons for retrenchment is served on the state government or such authority as may be specified by the state government by notification in the official gazette by registered post with acknowledgement due, and the permission of the state government or of such authority is obtained under sub section 2. b for subsection 2, the following subsection shall be substituted, namely: 2 on receipt of a notice under clause c of subsection 1, the state government or authority, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the workman and the officebearer of the representative union of the concerned industrial establishment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, requirements of industrial peace, prevention of victimisation and unfair labour practice, by order and for reasons to be recorded in writing grant or refuse to grant such permission and such order shall be communicated to the employer, the workman and the officebearer of such representative union. c in subsection 4, for the expression amendment act, , the expression rajasthan amendment act, , for the expression a of section 25f, the expression c of subsection 1, for the word appropriate, the word state and for the expression subsection 2 the expression the said clause of the said subsection shall respectively be substituted d in subsection 5, for the word appropriate, the word state shall be substituted e after subsection 5, the following subsection shall be inserted, namely: 6 an order of the state government or the authority granting or refusing to grant permission shall, subject to the provisions of subsection 7, be final and binding on all the parties and shall remain in force for on year form the date of such order. 7 the state government or, as the case may be, the authority may, either on its own motion or on the application made by the employer or the workman, review its order granting or refusing to grant permission under subsection 2 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such reference. f the existing subsections 6 and 7 shall respectively be renumbered as sub sections 8 and 9 thereof and g in subsection 9 as so renumbered, i for the expression amendment act, , the expression rajasthan amendment act, shall be substituted ii the expression or the central government shall be deleted iii for the word appropriate, wherever occurring, the word state shall be substituted and iv for the expression and any order passed by such authority shall be final and binding on the employer and the workman or workmen, the expression and such authority while deciding such matter shall proceed to hold the enquiry in the manner and have regard to the matters specified in subsection 2, any order passed by such authority shall, subject to review under the proviso to this subsection, be final and binging on the employer and the workman or workman: provided that such authority as aforesaid may, either on its own motion or on the application made by the employer or the workman review the order passed by it under this subsection or refer the matter to a tribunal for adjudication and to such reference, the provisions contained in the proviso to subsection 7 shall, mutatis matandis, apply, shall be substituted. vide rajasthan act 8 of , s. 5 rajasthan amendment of section 25n, central act no. 14 of . in section 25n of the principal act, a in clause a of subsection 1, the existing expression , or the workman has been paid in lieu of such notice, wages for the period of the notice shall be deleted and b in subsection 9, after the existing expression six months and before the existing punctuation mark ., appearing at the end, the expression and an amount equivalent to his three months average pay shall be inserted. vide rajasthan act 21 of , s. 8. 1. ins. by act 32 of , s. 2 w.e.f. . 2. subs. by s. 5, ibid., for section 25n w.e.f. .

section 25o. of the industrial disputes act : 1 225o. procedure for closing down an undertaking.1 an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: provided that nothing in this subsection shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work. 2 where an application for permission has been made under subsection 1, the appropriate government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refused to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 3 where an application has been made under subsection 1 and the appropriate government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. 4 an order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of subsection 5, be final and binding on all the parties and shall remain in force for one year from the date of such order. 5 the appropriate government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection 2 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such reference. 6 where no application for permission under subsection 1 is made within the period specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down. 7 notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of subsection 1 shall not apply in relation to such undertaking for such period as may be specified in the order. 8 where an undertaking is permitted to be closed down under subsection 2 or where permission for closure is deemed to be granted under subsection 3, every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months. state amendment orissa. amendment of section 25o.for section 25o of the principal act, the following section shall be substitute namely: 25o. procedure or closing down an undertaking.1 an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government , stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workman in the prescribed manner: provided that nothing in this subsection shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work. 2 where an application for permission has been made under subsection 1, the appropriate government , after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing , grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 3 where an application has been made under subsection 1 and the appropriate government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. 4 an order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of subsection 5, be final and binding on all the parties and shall remain in force for one year from the date of such order. 5 the appropriate government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection 2 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this sub section, it shall pass an award within a period of thirty days from the date of such reference. 6 where no application for permission under subsection 1 is made within the period specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down. 7 notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of subsection 1 shall not apply in relation to such undertaking for such period as may be specified in the order. 8 where an undertaking is permitted to be close down under subsection 2 or where permission for closure is deemed to be granted under subsection 3 every workman who is employed in that undertaking immediately before the date of application for permission under this section shall be entitled to receive compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months.. vide the orissa act 6 of , s. 3 rajasthan substitution of section 25o, central act no. 14 of :/for section 25o of the principle act, the following section shall be substituted, namely: 25o. procedure for closing down an undertaking.1 an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies including an employer who has served a notice under subsection 1 of section 25ffa on the state government of his intention to close down such an undertaking but the period of such a notice has not expired at the commencement of the industrial disputesrajasthan amendment ordinance, shall apply for prior permission at least ninety days before the date on which the intended closure is to become effective, to the state government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen by registered post with acknowledgment due. 2 where an application for permission has been made under subsection 1, and the state government after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the workmen and the person interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 3 where an application has been made under subsection 1, and the state government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days. 4 an order of the state government granting or refusing to grant permission shall, subject to the provision of subsection 5, be final and binding on all the parties and shall remain in force for one year from the date of such order. 5 the state government may, either on its own motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection 2 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass an award within a period of thirty days from the date of such reference. 6 where no application for permission under subsection 1 is made within the period specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workmen shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down. 7 notwithstanding anything contained in the foregoing provision of this section, the state government may, if it is satisfied that owing to such exceptional circumstance as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of subsection 1 shall not apply in relation to such undertaking for such period as may be specified in the order. 8 where an undertaking is permitted to be closed down under subsection 2 or where permission for closure is deemed to be granted under subsection 3, every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months.. viderajasthan act 8 of , s. 6 amendment of section 25o, central act no. 14 of . in subsection 8 of section 25o of the principal act, after the existing expression six months and before the existing punctuation mark ., appearing at the end, the expression and an amount equivalent to his three months average pay shall be inserted. vide rajasthan act 21 of , s. 9 1. ins. by act 32 of , s. 2 w.e.f. . 2. subs. by act 46 of , s. 14, for section 25o w.e.f. .

section 25p. of the industrial disputes act : 125p. special provision as to restarting of undertakings closed down before commencement of the industrial disputes amendment act, .if the appropriate government is of opinion in respect of any undertaking of an industrial establishment to which this chapter applies and which closed down before the commencement of the industrial disputes amendment act, 32 of , a that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer b that there are possibilities of restarting the undertaking c that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to restart the undertaking or both and d that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, it may, after giving an opportunity to such employer and workmen, direct, by order published in the official gazette, that the undertaking shall be restarted within such time not being less than one month from the date of the order as may be specified in the order. rajasthan substitution of section 25p, central act no. 14 of :for section 25p of the principle act, the following section shall be substituted, namely: 25p. special provision as to restarting of undertaking closed down before commencement of the industrial disputes rajasthan amendment act, .1 where the undertaking of an industrial establishment to which this chapter applies had been closed down before the commencement of the industrial disputes rajasthan amendment act, and the state government, after giving reasonable opportunity of being heard to the employer, workmen and the office bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that, a such undertaking was closed down otherwise than on account of unavoidable circumstances, beyond the control of the employer b there are possibilities of restarting the undertaking c it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restarted the undertaking and d the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, it may direct, by order published in the official gazette, that the undertaking shall be restarted within such time not being less than one months from the date of the order as may be specified in the order. 2 an order of the state government directing the restarting of the undertaking under subsection 1 shall, subject to the provisions of subsection 3, be final and binging on all the parties. 3 the state government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the officebearer of the representative union of the concerned industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking under subsection 1 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass and award within a period of sixty days from the date of such reference and pending award by the tribunal, the undertaking shall continue to remain restarted. vide rajasthan act 8 of , s. 7 insertion of new section 25pp, central act no. 14 of : after section 25p of the principle act as so substituted, the following new section shall be added, namely: 25 pp. special provision as to reinstatement of workmen retrenched before the commencement of the industrial disputes rajasthan amendment act, .1 notwithstanding any award or order of a tribunal or any judgement , order or direction of any court upholding the validity of retrenchment of any workman employed is any industrial establishment to which this chapter applies who is retrenched at any time during six months immediately before the commencement of the industrial disputes rajasthan amendment act, , the state government shall, either on its own motion or on the application made by any such retrenched workman or by the officebearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case may be, to such officebearer, it is satisfied that, a the retrenchment of the workman was without genuine or adequate reasons b the retrenchment was by way of victimisation and unfair labour practice and c the reinstatement of the workman is required for maintaining industrial peace in the industrial establishment, it shall by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and if it is not so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman. 2 an order of the state government under subsection 1, subject to the order passed by it as a result of review under subsection 3 and, where a reference has been made by it to a tribunal under the said subsection, subject to the award passed by the tribunal, shall be final and binding on the employer and the workman. 3 the state government may, either on its own motion or on the application made by the employer or the retrenched workman, review its order directing reinstatement of the retrenched workman or, as the case may be, the order upholding the validity of retrenchment of the workman under sub section 1 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection , it shall pass an award within a period of thirty days from the date of such reference.. vide rajasthan act 8 of , s. 8 rajasthan substitution of section 25p, central act no. 14 of : for section 25p of the principle act, the following section shall be substituted, namely: 25p. special provision as to restarting of undertaking closed down before commencement of the industrial disputes rajasthan amendment act, . 1 where the undertaking of an industrial establishment to which this chapter applies had been closed down before the commencement of the industrial disputes rajasthan amendment act, and the state government, after giving reasonable opportunity of being heard to the employer, workmen and the office bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that, a such undertaking was closed down otherwise than on account of unavoidable circumstances, beyond the control of the employer b there are possibilities of restarting the undertaking c it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restarted the undertaking and d the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, it may direct, by order published in the official gazette, that the undertaking shall be restarted within such time not being less than one months from the date of the order as may be specified in the order. 2 an order of the state government directing the restarting of the undertaking under subsection 1 shall, subject to the provisions of subsection 3, be final and binging on all the parties. 3 the state government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the officebearer of the representative union of the concerned industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking under subsection 1 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection, it shall pass and award within a period of sixty days from the date of such reference and pending award by the tribunal, the undertaking shall continue to remain restarted. vide rajasthan act 8 of , s. 7 insertion of new section 25pp, central act no. 14 of : after section 25p of the principle act as so substituted, the following new section shall be added, namely: 25 pp. special provision as to reinstatement of workmen retrenched before the commencement of the industrial disputes rajasthan amendment act, .1 notwithstanding any award or order of a tribunal or any judgement , order or direction of any court upholding the validity of retrenchment of any workman employed is any industrial establishment to which this chapter applies who is retrenched at any time during six months immediately before the commencement of the industrial disputes rajasthan amendment act, , the state government shall, either on its own motion or on the application made by any such retrenched workman or by the officebearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case may be, to such officebearer, it is satisfied that, a the retrenchment of the workman was without genuine or adequate reasons b the retrenchment was by way of victimisation and unfair labour practice and c the reinstatement of the workman is required for maintaining industrial peace in the industrial establishment, it shall by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and if it is not so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman. 2 an order of the state government under subsection 1, subject to the order passed by it as a result of review under subsection 3 and, where a reference has been made by it to a tribunal under the said subsection, subject to the award passed by the tribunal, shall be final and binding on the employer and the workman. 3 the state government may, either on its own motion or on the application made by the employer or the retrenched workman, review its order directing reinstatement of the retrenched workman or, as the case may be, the order upholding the validity of retrenchment of the workman under sub section 1 or refer the matter to a tribunal for adjudication: provided that where a reference has been made to a tribunal under this subsection , it shall pass an award within a period of thirty days from the date of such reference.. vide rajasthan act 8 of , s. 8 1. ins. by act 32 of , s. 2 w.e.f. .

section 25q. of the industrial disputes act : 125q. penalty for layoff and retrenchment without previous permission.any employer who contravenes the provisions of section 25m or 1 of section 25n shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. state amendment rajasthan substitution of section 25q central act no 14 of . for section 25q of the principle act, the following section shall be substituted, namely: 25q. penalties for layoff and retrenchment without previous permission. any employer who a lays off a workman without complying with the provisions of subsection 1 or subsection 2 of section 25m or b contravenes an order refusing to grant permission to layoff or to continue the layoff of a workman under subsection 4 of section 25m or c contravenes such an order as is referred to in clause b passed as a result of review under subsection 7 of section 25m or d contravenes the provisions of clause c of subsection 1 or sub section 4 of section 25n or e contravenes an order refusing to grant permission to retrench a workman under subsection 2 or an order under subsection 9 of section 25n or f contravenes such an order as is referred to in clause e passed as a result of review under subsection 7 or sub section 9 of section 25n or contravenes the direction to reinstate a retrenched workman given under subsection 1 of section 25 pp or such a direction given as a result of review under subsection 3 of the said section, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees or with both.. ovide rajasthan act 8 of , s. 9 1. ins. by act 32 of , s. 2 w.e.f. . 2 certain words omitted by act 49 of , s. 6 w.e.f. .

section 25r. of the industrial disputes act : 125r. penalty for closure.1 any employer who closes down an undertaking without complying with the provisions of subsection 1 of section 25o shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 2 any employer, who contravenes 2an order refusing to grant permission to close down an undertaking under subsection 2 of section 25o or a direction given under section 25p, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction. 3 state amendment orissa. amendment of section 25r.in section 25r of the principal act a in subsection 2, for the words, brackets, figures and letters, a direction given under subsection 2 of section 25o or section 25p, the words, brackets, figures and letters an order refusing to grant permission to close down an undertaking under subsection 2 of section 25o or a direction given under section 25p shall be substituted b subsection 3 shall be omitted. vide the orissa act 6 of , s. 4 rajasthan amendment of section 25r, central act no. 14 of /: in section 25r of the principle act, a for subsection 2, the following subsection shall be substituted, namely: 2 any employer, who contravenes an order refusing to grant permission to close down an undertaking under subsection 2 of section 250 or a direction given under section 25p, shall be punishable with an imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction. and b sub section 3 shall be omitted. vide rajasthan act 8 of , s. 10 1. ins. by act 32 of , s. 2 w.e.f. . 2 subs. by act 46 of , s. 15, for certain words w.e.f. . 3. subsection 3 omitted by s. 15, ibid. w.e.f. .

section 25s. of the industrial disputes act : 125s. certain provisions of chapter va to apply to an industrial establishment to which this chapter applies.the provisions of sections 25b, 25d, 25ff, 25g, 25h, and 25j in chapter va shall, so far as may be, apply also in relation to an industrial establishment to which the provisions of this chapter apply. rajasthan amendment of section 25s, central act no. 14 of :in section 25s of the principle act, after the expression provisions of this chapter apply, the expression or are applied under subsection 1a of section 25 shall be added. vide rajasthan act 8 of , s. 11 1. ins. by act 32 of , s. 2 w.e.f. .

section 25u. of the industrial disputes act : 125u. penalty for committing unfair labour practices.any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. 1. ins. by act 46 of , s. 16 w.e.f. .

section 25t. of the industrial disputes act : 125t. prohibition of unfair labour practice.no employer or workman or a trade union, whether registered under the trader unions act, 18 of , or not, shall commit any unfair labour practice. 1. ins. by act 46 of , s. 16 w.e.f. .

section 26. of the industrial disputes act : 1 any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. 2 any employer who commences, continues, or otherwise acts in furtherance of a lockout which is illegal under this act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

section 27. of the industrial disputes act : any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lockout which is illegal under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 28. of the industrial disputes act : any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lockout shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 29. of the industrial disputes act : 129. penalty for breach of settlement or award.any person who commits a breach of any term of any settlement or award, which is binding on him under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both 2and where the breach is a continuing one, with a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first and the court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been injured by such breach. state amendment kerala 3. insertion of new section 29a.after section 29 of the principal act, the following section shall be inserted, namely: 29a. penalty for failure to comply with an order issued under section 10b.any person who fails to comply with any provisions contained in any order made under subsection 1 of section 10b shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine. vide kerala act 30 of , s. 3 w.e.f. 1. subs. by act 36 of , s. 20, for section 29 w.e.f. . 2. ins. by act 35 of , s. 6 w.e.f. .

section 30. of the industrial disputes act : any person who wilfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 30a. of the industrial disputes act : 130a. penalty for closure without notice.any employer who closes down any undertaking without complying with the provisions of section 25ffa shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. state amendment rajasthan insertion of new section 30a in central act 14 of . after section 30 of the principal act, the following new section shall be inserted, namely: 30a. penalty for contravention of an order made under section 10k.any person who contravenes an order issued by the state government in pursuance of section 10k of the act shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.. vide rajasthan act 14 of , s. 7 1. ins. by act 32 of , s. 3.

section 31. of the industrial disputes act : 1 any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 whoever contravenes any of the provisions of this act or any rule made thereunder shall, if no other penalty is elsewhere provided by or under this act for such contravention, be punishable with fine which may extend to one hundred rupees. state amendment union territory of jammu and kashmir and ladakh insertion of new sectionafter section 31, insert 31a. compounding of offences.1 any offence punishable under sections 25q, 25r, 25u, 26, 27, 28, 29, 30a and subsections 1 and 2 of section 31 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf for such amount as specified in the table below: table s.n. section compounding amount 25q 25 days wages last drawn by each workman. 2 25r 60 days wages last drawn by each workman. 3 25u i by each workman rs. 150/ per day but not exceeding rs. / in aggregate ii by employer rs. 300/ per day but not exceeding the amount in aggregate as shown below: number of workmen employed in the industry amount not exceeding 1 to 50 rs. / 51 to 100 rs. / 101 to 500 rs. / more than 500 rs. / 4 26 i in case of illegal strike, rs. 150/ per day by each workman but not exceeding rs. / in aggregate ii in case of illegal lockout, rs. 300/ per day by an employer but not exceeding the amount in aggregate as shown below: number of workmen employed in the industry amount not exceeding 1 to 50 rs. / 51 to 100 rs. / 101 to 500 rs. / more than 500 rs. / 5 27 and 28 as per section 26 above for illegal strike and lockout. 6 29 rs. 200/ per day in respect of each of the workman. 7 30a 25 days wages last drawn by each workman. 8 311 number of workmen for first for for third employed in the industry occasion second occasion occasion 1 to 50 rs. / rs. 10,000/ rs. 15,000/ 51 to 100 rs. / rs. 16,000/ rs. 24,000/ 101 to 500 rs. / rs. 24,000/ rs. 36,000 more than 500 rs. / rs. 32,000 rs. 48,000/ 9 312 for each workman, for the first offence rs. / for the second offence rs. / and for the third offence rs. / ii for employer: number of workmen employed in the industry for first occasion for second occasion for third occasion 1 to 50 rs. rs. rs. to 100 rs. rs. rs. to 500 rs. rs. rs. more than 500 rs. rs. rs. : provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compoundable only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: provided also that when an offence is compounded on an application by the employer, then the compounding amount received from him, shall be paid to the concerned workman or equally amongst the workman and if any workmen are not identifiable, then the remaining amount shall be deposited in such manner as may be notified by the appropriate government. 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged. vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 32. of the industrial disputes act : where a person committing an offence under this act is a company, or other body corporate, or an association of persons whether incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.

section 34. of the industrial disputes act : 1 no court shall take cognizance of any offence punishable under this act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate government. 2 no court inferior to that of 1a metropolitan magistrate or a judicial magistrate of the first class, shall try any offence punishable under this act. 1. subs. by s. 20, ibid., for certain words w.e.f. .

section 33., to remain unchanged under certain circumstances during pendency of proceedings. of the industrial disputes act : 133. conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.1 during the pendency of any conciliation proceeding before a conciliation officer or a board or of any proceeding before 2an arbitrator or a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall, a in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding or b for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending. 2 during the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute 2or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman, a alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding or b for any misconduct not connected with the dispute, or discharge or punish, whether by dismissal or otherwise, that workman: provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. 3 notwithstanding anything contained in subsection 2, no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute a by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings or b by discharging or punishing, whether by dismissal or otherwise, such protected workman, save with the express permission in writing of the authority before which the proceeding is pending. explanation.for the purposes of this subsection, a protected workman, in relation to an establishment, means a workman who, being 3a member of the executive or other office bearer of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf. 4 in every establishment, the number of workmen to be recognised as protected workmen for the purposes of subsection 3 shall be one per cent. of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected workmen. 5 where an employer makes an application to a conciliation officer, board, 4an arbitrator, a labour court, tribunal or national tribunal under the proviso to subsection 2 for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, 5within a period of three months from the date of receipt of such application, such order in relation thereto as it deems fit: 6provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit: provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this subsection had expired without such proceedings being completed. 1 subs. by act 36 of , s. 21, for section 33 w.e.f. . 2. ins. by act 36 of , s. 18 w.e.f. . 3. subs. by act 45 of , s. 5, for an officer w.e.f. . 4. ins. by act 36 of , s. 18 w.e.f. . 5. subs. by act 46 of , s. 17, for as expeditiously as possible w.e.f. . 6. ins. by s. 17, ibid. w.e.f. .

section 33a., changed during pendency of proceedings. of the industrial disputes act : 133a. special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings.where an employer contravenes the provisions of section 33 during the pendency of proceedings 2before a conciliation officer, board, an arbitrator, a labour court, tribunal or national tribunal, any employee aggrieved by such contravention, may make a camplaint in writing, 2in the prescribed manner, a to such conciliation officer or board, and the conciliation officer or board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute and b to such arbitrator, labour court, tribunal or national tribunal and on receipt of such complaint, the arbitrator, labour court, tribunal or national tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit his or its award to the appropriate government and the provisions of this act shall apply accordingly. 1. ins. by act 48 of , s. 34 and the schedule. 2. subs. by act 46 of , s. 18, for certain words w.e.f. .

section 33c. of the industrial disputes act : 1 233c. recovery of money due from an employer.1 where any money is due to a workman from an employer under a settlement or an award or under the provisions of 3chapter va or chapter vb, the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government is satisfied that any money is so due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue: provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer: provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate government is satisfied that the applicant had sufficient cause for not making the application within the said period. 2 where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this act, be decided by such labour court as may be specified in this behalf by the appropriate government 4within a period not exceeding three months: 4provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit. 3 for the purposes of computing the money value of a benefit, the labour court may, if it so thinks fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to the labour court and the labour court shall determine the amount after considering the report of the commissioner and other circumstances of the case. 4 the decision of the labour court shall be forwarded by it to the appropriate government and any amount found due by the labour court may be recovered in the manner provided for in subsection 1. 5 where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen. explanation.in this section labour court includes any court constituted under any law relating to investigation and settlement of industrial disputes in force in any state. state amendment assam 3. amendment of section 33c.in the principal act, in section 33c, in subsection 1, for the words to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue the words to the chief judicial magistrate having jurisdiction who shall proceed to realize as if it were a fine imposed by such magistrate shall be substituted. vide assam act 22 of , s. 3 rajasthan amendment of section 33c, central act 14 of .in subsection 1 of section 33c of the principal act, after the expression chapter v a, the expression or under an order issued by the state government under section 10k of the act shall be inserted. vide rajasthan act 14 of , s. 8 1. ins. by act 36 of , s. 23 w.e.f. . 2. subs. by act 36 of , s. 19, for section 33c w.e.f. . 3. subs. by act 32 of , s. 4, for chapter va w.e.f. . 4. ins. by act 46 of , s. 19 w.e.f. .

section 33b. of the industrial disputes act : 133b. power to transfer certain proceedings.1 the appropriate government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this act pending before a labour court, tribunal or national tribunal and transfer the same to another labour court, tribunal or national tribunal, as the case may be, for the disposal of the proceeding and the labour court, tribunal or national tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred: provided that where a proceeding under section 33 or section 33a is pending before a tribunal or national tribunal, the proceeding may also be transferred to a labour court. 2 without prejudice to the provisions of subsection 1, any tribunal or national tribunal, if so authorised by the appropriate government, may transfer any proceeding under section 33 or section 33a pending before it to any one of the labour courts specified for the disposal of such proceedings by the appropriate government by notification in the official gazette and the labour court to which the proceeding is so transferred shall dispose of the same. 1. ins. by act 36 of , s. 23 w.e.f. .

section 36b. of the industrial disputes act : 136b. power to exempt.where the appropriate government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that government that adequate provisions exist for the investigation and settlement of industrial disputes in respect of workmen employed in such establishment or undertaking or class of establishments or undertakings, it may, by notification in the official gazette, exempt, conditionally or unconditionally such establishment or undertaking or class of establishments or undertakings from all or any of the provisions of this act. 1. ins. by act 46 of , s. 21 w.e.f. .

section 35. of the industrial disputes act : 1 no person refusing to take part or to continue to take part in any strike or lockout which is illegal under this act shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding. 2 nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the civil court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that court thinks just.

section 40. of the industrial disputes act : 140. power to amend schedules.1 the appropriate government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the official gazette, add to the first schedule any industry, and on any such notification being issued, the first schedule shall be deemed to be amended accordingly. 2 the central government may, by notification in the official gazette, add to or alter or amend the second schedule or the third schedule and on any such notification being issued, the second schedule or the third schedule, as the case may be, shall be deemed to be amended accordingly. 3 every such notification shall, as soon as possible after it is issued, be laid before the legislature of the state, if the notification has been issued by a state government, or before parliament, if the notification has been issued by the central government. 1. subs. by act 36 of , s. 21, for section 40 w.e.f. .

section 36. of the industrial disputes act : 136. representation of parties.1 a workman who is a party to a dispute shall be entitled to be represented in any proceeding under this act by a 2any member of the executive or office bearer of a registered trade union of which he is a member: b 2any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause a is affiliated c where the worker is not a member of any trade union, by 2any member of the executive or other office bearer of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised in such manner as may be prescribed. 2 an employer who is a party to a dispute shall be entitled to be represented in any proceeding under this act by a an officer of an association of employers of which he is a member b an officer of a federation of association of employers to which the association referred to in clause a is affiliated c where the employer is not a member of any association of employers, by an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed. 3 no party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this act or in any proceedings before a court. 4 in any proceeding 3before a labour court, tribunal or national tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceedings and 4with the leave of the labour court, tribunal or national tribunal, as the case may be. 1. subs. by act 48 of , s. 34 and the schedule, for section 36. 2. subs. by act 45 of , s. 6, for an officer w.e.f. . 3. subs. by act 36 of , s. 24, for before a tribunal w.e.f. . 4. subs. by s. 24, ibid., for with the leave of the tribunal w.e.f. .

section 36a. of the industrial disputes act : 136a. power to remove difficulties.1 if, in the opinion of the appropriate government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such labour court, tribunal or national tribunal as it may think fit. 2 the labour court, tribunal or national tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties. 1. ins. by s. 25, ibid. w.e.f. .

section 37. of the industrial disputes act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder.

section 38. of the industrial disputes act : 1 the appropriate government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the powers and procedure of conciliation officers, boards, courts, 1labour courts, tribunals and national tribunals including rules as to the summoning of witnesses, the production of documents relevant to the subjectmatter of an inquiry or investigation, the number of members necessary to form a quroum and the manner of submission of reports and awards 2aa the form of arbitration agreement, the manner in which it may be signed by the parties, 3the manner in which a notification may be issued under subsection 3a of section 10a, the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him aaa the appointment of assessors in proceedings under this act 4 b the constitution and functions of and the filling of vacancies in works committees, and the procedure to be followed by such committees in the discharge of their duties 5c the salaries and allowances and the terms and conditions for appointment of the presiding officers of the labour court, tribunal and the national tribunal including the allowances admissible to members of courts, boards and to assessors and witnesses d the ministerial establishment which may be allotted to a court, board, 6labour court, tribunal or national tribunal and the salaries and allowances payable to members of such establishments e the manner in which and the persons by and to whom notice of strike or lockout may be given and the manner in which such notices shall be communicated f the conditions subject to which parties may be represented by legal practitioners in proceedings under this act before a court, 6labour court, tribunal or national tribunal g any other matter which is to be or may be prescribed. 3 rules made under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees. 74 all rules made under this section shall, as soon as possible after they are made, be laid before the the state legislature or, where the appropriate government is the central government, before both houses of parliament. 85 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 9two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 36 of , s. 26, for and tribunals w.e.f. . 2. ins. by s. 26, ibid. w.e.f. . 3. ins. by act 36 of , s. 20 w.e.f. . 4. clause ibid. omitted by act 24 of , s. 8 w.e.f. . 5. subs. by s. 8, ibid., for clause c w.e.f. . 6. subs. by 36 of , s. 26, for or tribunal w.e.f. . 7. ins. by s. 26, ibid. w.e.f. . 8. ins. by act 36 of , s. 20 w.e.f. . 9. subs. by act 32 of , s. 5, for certain words w.e.f. .

section 39. of the industrial disputes act : 139. delegation of powers.the appropriate government may, by notification in the official gazette, direct that any power exercisable by it under this act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also, a where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government, or by such officer or authority subordinate to the state government, as may be specified in the notification and b where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notification. 1. subs. by act 36 of , s. 27, for section 39 w.e.f. .

section 6a. of the essential commodities act : 16a. confiscation of essential commodity. 21 where any 3essential commodity is seized in pursuance of an order made under section 3 in relation thereto, 4a report of such seizure shall, without unreasonable delay, be made to the collector of the district or the presidency town in which such 5essential commodity is seized and whether or not a prosecution is instituted for the contravention of such order, the collector 6may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied that there has been a contravention of the order 7may order confiscation of a the essential commodity so seized b any package, covering or receptacle in which such essential commodity is found and c any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: provided that without prejudice to any action which may be taken under any other provision of this act, no foodgrains or edible oilseeds in pursuance of an order made under section 3 in relation thereto from a producer shall, if the seized foodgrains or edible oilseeds have been produced by him, be confiscated under this section: 8provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such animal, vehicle, vessel or other conveyance shall be given an option to pay, in lieu of its confiscation, a fine not exceeding the market price at the date of seizure of the essential commodity sought to be carried by such animal, vehicle, vessel or other conveyance. 82 where the collector, on receiving a report of seizure or on inspection of any essential commodity under subsection 1, is of the opinion that the essential commodity is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do, he may i order the same to be sold at the controlled price, if any, fixed for such essential commodity under this act or under any other law for the time being in force or ii where no such price is fixed, order the same to be sold by public auction: provided that in case of foodgrains, the collector may, for its equitable distribution and availability at fair prices, order the same to be sold through fair price shops at the price fixed by the central government or by the state government, as the case may be, for the retail sale of such foodgrains to the public. 3 where any essential commodity is sold, as aforesaid, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall a where no order or confiscation is ultimately passed by the collector, b where an order passed on appeal under subsection 1 of section 6c so requires, or c where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under this section, the person concerned is acquitted, be paid to the owner thereof or the person from whom it is seized. 1. ins. by act 25 of , s. 3 w.e.f. . 2. section 6a renumbered as subsection 1 thereof by act 92 of , s. 4 w.e.f. . 3. subs. by act 36 of , s. 4, for foodgrains, edible oilseeds or edible oils are seized w.e.f. . 4. subs. by act 92 of , s. 4, for it may be produced without any unreasonable delay, before w.e.f. . 5. subs. by act 36 of , s. 4, for food grains, edible oilseeds or edible oils are seized w.e.f. . 6. subs. by act 92 of , s. 4, for if satisfied w.e.f. . 7. subs. by act 30 of , s. 4, for may order confiscation of the essential commodity so seized w.e.f. . 8. ins. by act 92 of , s. 4.

section 1. of the essential commodities act : 1 this act may be called the essential commodities act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule w.e.f. .

section 3., of essential commodities. of the essential commodities act : show related subordinates 1 if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, 1or for securing any essential commodity for the defence of india or the efficient conduct of military operations, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. 2 2 without prejudice to the generality of the powers conferred by subsection 1, an order made thereunder may provide a for regulating by licences, permits or otherwise the production or manufacture of any essential commodity b for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of foodcrops generally or of specified foodcrops, and for otherwise maintaining or increasing the cultivation of foodcrops generally, or of specified foodcrops. c for controlling the price at which any essential commodity may be bought or sold d for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity e for prohibiting the withholding from sale of any essential commodity ordinarily kept for sale 3f for requiring any person holding in stock, or engaged in the production, or in the business of buying or selling, of any essential commodity, a to sell the whole or a specified part of the quantity held in stock or produced or received by him or, b in the case of any such commodity which is likely to be produced or received by him, to sell the whole or a specified part of such commodity when produced or received by him, to the central government or a state government or to an officer or agent of such government or to a corporation owned or controlled by such government or to such other person or class of persons and in such circumstances as may be specified in the order. explanation 1.an order made under this clause in relation to foodgrains, edible oilseeds or edible oils, may, having regard to the estimated production, in the concerned area, of such foodgrains, edible oilseeds and edible oils, fix the quantity to be sold by the producers in such area and may also fix, or provide for the fixation of, such quantity on a graded basis, having regard to the aggregate of the area held by, or under the cultivation of, the producers. explanation 2.for the purpose of this clause, production with its grammatical variations and cognate expressions includes manufacture of edible oils and sugar g for regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs 4 which, in the opinion of the authority making the order, are, or, if unregulated, are likely to be, detrimental to the public interest h for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters i for requiring persons engaged in the production, supply or distribution of or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order 5ii for the grant or issue of licences, permits or other documents, the charging of fees therefore, the deposit of such sum, if any, as may be specified in the order as security for the due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may be specified in the order 5j for any incidental and supplementary matters, including, in particular, the entry, search or examination of premises, aircraft, vessels, vehicles or other conveyances and animals, and the seizure by a person authorised to make such entry, search or examination, i of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed and any packages, coverings or receptacles in which such articles are found ii of any aircraft, vessel, vehicle or other conveyance or animal used in carrying such articles, if such person has reason to believe that such aircraft, vessel, vehicle or other conveyance or animal is liable to be forfeited under the provisions of this act 7iii of any books of accounts and documents which in the opinion of such person, may be useful for, or relevant to, any proceeding under this act and the person from whose custody such books of accounts or documents are seized shall be entitled to make copies thereof or to take extracts therefrom in the presence of an officer having the custody of such books of accounts or documents. 3 where any person sells any essential commodity in compliance with an order made with reference to clause f of subsection 2, there shall be paid to him the price therefore as hereinafter provided: a where the price can, consistently with the controlled price, if any, fixed under this section, be agreed upon, the agreed price b where no such agreement can be reached, the price calculated with reference to the controlled price, if any c where neither clause a nor clause b applies, the price calculated at the market rate prevailing in the locality at the date of sale. 83a i if the central government is of opinion that it is necessary so to do for controlling the rise in prices or preventing the hoarding, of any foodstuff in any locality, it may, by notification in the official gazette, direct that notwithstanding anything contained in subsection 3, the price at which the foodstuff shall be sold in the locality in compliance with an order made with reference to clause f of subsection 2 shall be regulated in accordance with the provisions of this subsection. ii any notification issued under this subsection shall remain in force for such period not exceeding three months as may be specified in the notification. iii where, after the issue of a notification under this subsection, any person sells foodstuff of the kind specified therein and in the locality so specified, in compliance with an order made with reference to clause f of subsection 2, there shall be paid to the seller as the price therefor a where the price can, consistently with the controlled price of the foodstuff, if any, fixed under this section, be agreed upon, the agreed price b where no such agreement can be reached, the price calculated with reference to the controlled price, if any c where neither clause a nor clause b applies, the price calculated with reference to average market rate prevailing in the locality during the period of three months immediately preceding the date of the notification. iv for the purposes of subclause c of clause iii, the average market rate prevailing in the locality shall be determined by an officer authorised by the central government in this behalf, with reference to the prevailing market rates for which published figures are available in respect of that locality or of a neighbouring locality and the average market rate so determined shall be final and shall not be called in question in any court. 93b where any person is required, by an order made with reference to clause f of subsection 2, to sell to the central government or a state government or to an officer or agent of such government or to a corporation owned or controlled by such government, any grade or variety of foodgrains, edible oilseeds or edible oils in relation to which no notification has been issued under subsection 3a, or such notification having been issued, has ceased to be in force, there shall be paid to the person concerned, notwithstanding anything to the contrary contained in subsection 3, an amount equal to the procurement price of such foodgrains, edible oilseeds or edible oils, as the case may be, specified by the state government, with the previous approval of the central government having regard to a the controlled price, if any, fixed under this section or by or under any other law for the time being in force for such grade or variety of foodgrains, edible oilseeds or edible oils b the general crop prospects c the need for making such grade or variety of foodgrains, edible oilseeds or edible oils available at reasonable prices to the consumers, particularly the vulnerable sections of the consumers and d the recommendations, if any, of the agricultural prices commission with regard to the price of the concerned grade or variety of foodgrains, edible oilseeds or edible oils. 103c where any producer is required by an order made with reference to clause f of subsection 2 to sell any kind of sugar whether to the central government or to a state government or to an officer or agent of such government or to any other person or class of persons whether a notification was issued under subsection 3a or otherwise, then, notwithstanding anything contained in subsection 3, there shall be paid to that producer only such amount as the central government may, by order, determine, having regard to a the fair and remunerative price, if any, determined by the central government as the price of sugarcane to be taken into account under this section b the manufacturing cost of sugar c the duty or tax, if any, paid or payable thereon and d a reasonable return on the capital employed in the business of manufacturing of sugar: provided that the central government may determine different prices, from time to time, for different areas or factories or varieties of sugar: provided further that where any provisional determination of price of levy sugar has been done in respect of sugar produced up to the sugar season , the final determination of price may be undertaken in accordance with the provisions of this subsection as it stood immediately before the 1st day of october, . explanation 11i. for the purposes of this subsection, a fair and remunerative price means the price of sugarcane determined by the central government under this section b manufacturing cost of sugar means the net cost incurred on conversion of sugarcane into sugar including net cost of transportation of sugarcane from the purchase centre to the factory gate, to the extent it is borne by the producer c producer means a person carrying on the business of manufacturing sugar d reasonable return on the capital employed means the return on net fixed assets plus working capital of a producer in relation to manufacturing of sugar including procurement of sugarcane at a fair and remunerative price determined under this section. 12explanation ii.for the removal of doubts, it is hereby declared that the expressions fair and remunerative price referred to in clause a, manufacturing cost of sugar referred to in clause b and reasonable return on the capital employed referred to in clause d, of this subsection do not include the price paid or payable under any order or any enactment of any state government and any price agreed to between the producer and the grower or a sugarcane growers cooperative society. 133d the central government may direct that no producer, importer or exporter shall sell or otherwise dispose of or deliver any kind of sugar or remove any kind of sugar from the bonded go downs of the factory in which it is produced, whether such godowns are situated within the premises of the factory or outside or from the warehouses of the importers or exporters, as the case may be except under and in accordance with the direction issued by the government: provided that this subsection shall not affect the pledging of such sugar by any producer or importer in favour of any scheduled bank as defined in clause e of section 2 of the reserve bank of india act, 2 of or any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , so, however, that no such hank shall sell the sugar pledged to it except under and in accordance with a direction issued by the central government. 3e the central government may, from time to time, by general or special order, direct any producer or importer or exporter or recognised dealer or any class of producers or recognised dealers, to take action regarding production, maintenance of stocks, storage, sale, grading, packing, marking, weighment, disposal, delivery and distribution of any kind of sugar in the manner specified in the direction. explanation.for the purposes of subsection 3d and this subsection, a producer means a person carrying on the business of manufacturing sugar b recognised dealer means a person carrying on the business of purchasing, selling or distributing sugar c sugar includes plantation white sugar, raw sugar and refined sugar, whether indigenously produced or imported. 4 if the central government is of opinion that it is necessary so to do for maintaining or increasing the production and supply of an essential commodity, it may, by order, authorize any person hereinafter referred to as an authorized controller to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order such functions of control as may be provided therein and so long as such order is in force with respect to any undertaking or part thereof, a the authorized controller shall exercise his functions in accordance with any instructions given to him by the central government, so, however, that he shall not have any power to give any direction inconsistent with the provisions of any enactment or any instrument determining the functions of the persons incharge of the management of the undertaking, except in so far as may be specifically provided by the order and b the undertaking or part shall be carried on in accordance with any directions given by the authorised controller under the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions. 5 an order made under this section shall, a in the case of an order of a general nature or affecting a class of persons, be notified in the official gazette and b in the case of an order directed to a specified individual be served on such individual i by delivering or tendering it to that individual, or ii if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report there of shall be prepared and witnessed by two persons living in the neighbourhood. 6 every order made under this section by the central government or by any officer or authority of the central government shall be laid before both houses of parliament, as soon as may be, after it is made. state amendments uttar pradesh. amendment of section 3 of act x of .in section 3 of the principal act, in subsection 2, after clause f, the following clause shall be inserted, namely: ff for preventing the hoarding of any essential commodity vide uttar pradesh act 9 of , s. 2 amendment of section 3.in section 3 of the principal act, a in subsection 2, for clause f, the following clause shall be substituted and be deemed always to have been substituted namely f for requiring any person holding in stock, or engaged in the manufacture or production of, or in the business of buying or selling, any essential commodity to sell the whole or a specified part of the quantity held in stock or manufactured or produced or likely to be manufactured or produced by him or received or likely to be received by him in the course of said business of buying or selling, to the central government or a state government or to an officer or agent of such government or to such other person or class of person and in such circumstances as may be specified in the order explanation.an order relating to food grains made with reference to this clause, i may specify the prices, fixed by the state government in this behalf, after taking into account the recommendations, if any, of the agricultural prices commission and with the prior concurrence of the central government, as the amount which shall be paid for the food grain required to be sold under the order, ii may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation and the availability of irrigation for production of the particular food grain to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers. b in subsection 3, for clause c, substitute the following clauses which shall be food deemed always to have been substituted, namely: c in the case of food grains, where neither clause a nor clause b applies, the price, if any, specified in the said order d where neither clause a nor b, nor c applies, the price calculated at the market rate prevailing in the locality at the date of sale. c in subsection 3b, after clause i, insert the following clause which shall be deemed always to have been inserted, namely: ia in the case of food grains, where no controlled price is fixed by an order made with reference to clause c of subsection 2, the amount specified in the said order made with reference to clause f of subsection 2 for such grade or variety of food grains or vide uttar pradesh act 18 of , s. 4 amendment of section 3 of act x of .in section 3 of the essential commodities act, , as amended in its application to uttar pradesh, in subsection 2, in clause f, as substituted by the essential commodities uttar pradesh amendment act, , in the explanation thereof, for subclause ii, the following subclause shall be substituted and be deemed always to have been substituted namely: ii may fix or provide for the fixation of the quantity to be sold by a producer with reference to the area under cultivation for production of the particular foodgrains to which the order relates, and also fix or provide for the fixation of such quantities on a graded basis having regard to the aggregate area held by or under the cultivation of different producers. vide uttar pradesh act 39 of , s. 2 amendment of section 3 of act no. 10 of .1 in section 3 of the principal act, in subsection 2, clause f, as substituted by the uttar pradesh amendment read with the essential commodities uttar pradesh second amendment act, shall be omitted and deemed to have been omitted with effect from the date of the commencement of the central amendment. 2 in the said subsection, in clause f, as substituted by the central amendment, after explanation 1, the following explanation shall be inserted, namely: explanation ia.an order made this clause in relation to rice may, having regard to the milling capacity of a rice mill, fix the quantity to be sold by the licensed miller and may also fix or provide for the fixation of such quantity on a graded basis. 3 in the said section 3, subsection 3b, as amended by the uttar pradesh amendment, shall be committed and deemed to have been omitted with effect from the date of commencement of the central amendment. vide uttar pradesh act xvi of , s. 3 1. ins. by act 36 of , s. 3 w.e.f. . 2. subsection1a omitted by act 40 of , s. 3 w.e.f. . 3. subs. by act 92 of , s. 3, for clause f. 4. the words or cotton textiles omitted by act 54 of , s. 4 w.e.f. . 5. ins. by act 17 of , s. 2. 6. subs. by act 66 of , s. 2, for clause j w.e.f. . 7. subs. by act 92 of , s. 3, for subclause iii. 8. ins. by act 13 of , s. 2 w.e.f. . 9. subs. by act 92 of , s. 3, for subsection 3b. 10. subs. by act 36 of , s. 2, for subsection 3c and the explanations w.e.f. . 11. the existing explanation numbered as explanation i by act 35 of , s. 2 w.e.f. . 12. explanation ii ins. by s. 2, ibid. w.e.f. . 13. ins. by act 37 of , s. 2 w.e.f..

section 6. of the essential commodities act : any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act.

section 6b. of the essential commodities act : 16b. issue of show cause notice before confiscation of food grains, etc.31 no order confiscating 4any 5essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be made under section 6a unless the owner of such 2essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance or the person from whom 6it is seized a is given a notice in writing informing him of the grounds on which it is proposed to confiscate the 6essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance b is given an opportunity of making a presentation in wiring within such reasonable time as may be specified in the notice against the ground of confiscation and c is given a reasonable opportunity of being heard in the matter. 72 without prejudice to the provisions of subsection 1, no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 6a if the owner of the animal, vehicle vessel or other conveyance proves to the satisfaction of the collector that it was used in carrying the essential commodity without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use. 83 no order confiscating any essential commodity package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice, given under clause a of subsection 1, if, in giving such notice, the provisions of that clause have been substantially complied with. 1. ins. by act 25 of , s. 3 w.e.f. . 2. subs. by act 92 of , s. 4, for if satisfied w.e.f. . 3. section 6b renumbered as subsection 1 thereof by act 30 of , s. 5 w.e.f. . 46. subs. by act 36 of , s. 5, for any foodgrain, edible oilseeds or edible oils w.e.f. . 5. subs. by act 30 of , s. 5, for essential commodity w.e.f. . 6. subs. by act 36 of , s. 5, for they are seized w.e.f. . 7. ins. by act 30 of , s. 5 w.e.f. . 8. ins. by act 92 of , s. 5 w.e.f. .

section 6c. of the essential commodities act : 16c. appeal.1 any person aggrieved by an order of confiscation under section 6a may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the state government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. 2 where an order under section 6a is modified or annulled by such judicial authority, or where in a prosecution instituted for the contravention of the order in respect of which an order of confiscation has been made under section 6a, the person concerned is acquitted, and in either case it is not possible for any reason to 2return the essential commodity seized , 3such persons shall, except except as provided by subsection 3 of section 6a, be paid the price therefore 4as if the essential commodity, had been sold to the government with reasonable interest calculated from the day of the seizure of 5the essential commodity 6and such price shall be determined i in the case of food grains, edible oilseeds or edible oils, in accordance with the provisions of subsection 3b of section 3 ii in the case of sugar, in accordance with the provisions of subsection 3c of section 3 and iii in the case of any other essential commodity, in accordance with the provisions of subsection 3 of section 3. 1. ins. by act 25 of , s. 3 w.e.f. .. 2. subs. by act 36 of , s. 6, for return the foodgrains or edible oilseeds or edible oils seized w.e.f. . 3. subs. by act 92 of , s. 6, for such person shall be paid. 4. subs. by act 36 of , s. 6, for as if the foodgrains, edible oilseeds or edible oils, as the case may be, w.e.f. . 5. subs. by s. 6, ibid., for articles w.e.f. . 6. subs. by s. 6, ibid., for and such price shall be determined in accordance with the provisions of subsection 3b of section 3 w.e.f. .

section 6d. of the essential commodities act : 16d. award of confiscation not to interfere with other punishments.the award of any confiscation under this act by the collector shall not prevent the infliction of any punishment to which the person affected thereby is liable under this act. 1. ins. by act 25 of , s. 3 w.e.f. ..

section 2. of the essential commodities act : in this act, unless the context otherwise requires, 1ia collector includes an additional collector and such other officer, not below the rank of subdivisional officer, as may be authorised by the collector to perform the functions and exercise the powers of the collector under this act 2 bfoodcrops include crops of sugarcane c notified order means an order notified in the official gazette 3cc order includes a direction issued thereunder 4d state government, in relation to a union territory, means the administrator thereof 3e sugar means i any form of sugar containing more than ninety per cent, of sucrose, including sugar candy ii khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form or iii sugar in process in vacuum pan sugar factory or raw sugar produced therein. state amendment maharashtra amendment of section 2 of act 10 of .in section 2 of the essential commodities act, 10 of , in its application to the state of maharashtra, a for clause ia, the following clause shall be substituted, namely: ia collector in any rationing area means the controller of rationing designated for that area and includes the deputy or assistant controller or rationing and elsewhere, the collector of the district and includes additional, deputy or assistant collector, subdivisional officer and district supply officer within his respective jurisdiction b clause ai shall be deleted. vide maharashtra act 6 of , s. 2. state amendment uttar pradesh. amendment of section 2 of act x of .in section 2 of the essential commodities act, , as amended in its application to uttar pradesh, hereinafter called the principal act, before clause a, the following clause shall be inserted namely: aa collector includes such officer not below the rank of an assistant collector of the first class as may be authorized by the collector to exercise the powers conferred on him by or under the provisions of this act vide uttar pradesh act 18 of , s. 3 amendment of section 2 of act 10 of .in section 2 of the essential commodities act, hereinafter referred to as the principal act. clause aa as inserted by the essential commodities uttar pradesh amendment act, , hereinafter referred to as the uttar pradesh amendment, shall stand omitted with effect from september 2, , the date of the commencement of the essential commodities amendment act, , hereinafter referred to as the central amendment. vide uttar pradesh act xvi of , s. 2 1. ins. by act 92 of , s. 2 w.e.f. . 2. clause c omitted by act 54 of , s. 2 w.e.f. . 3. ins. by act 36 of , s. 2 w.e.f. . 4. subs. by the adaptation of laws no. 3 order, , for clause d.

section 2a. of the essential commodities act : 12a. essential commodities declaration, etc.1 for the purposes of this act, essential commodity means a commodity specified in the schedule. 2 subject to the provisions of subsection 4, the central government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the official gazette, amend the schedule so as to a add a commodity to the said schedule b remove any commodity from the said schedule, in consultation with the state governments. 3 any notification issued under subsection 2 may also direct that an entry shall be made against such commodity in the said schedule declaring that such commodity shall be deemed to be an essential commodity for such period not exceeding six months to be specified in the notification: provided that the central government may, in the public interest and for reasons to be specified, by notification in the official gazette, extend such period beyond the said six months. 4 the central government may exercise its powers under subsection 2 in respect of the commodity to which parliament has power to make laws by virtue of entry 33 list iii in the seventh schedule to the constitution. 5 every notification issued under subsection 2 shall be laid, as soon as may be after it is issued, before both houses of parliament. 1. ins. by act 54 of , s. 3 w.e.f. .

section 7. of the essential commodities act : 11 if any person contravenes any order made under section 3, a he shall be punishable, i in the case of an order made with reference to clause h or clause i of subsection 2 of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and ii in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months b any property in respect of which the order has been contravened shall be forfeited to the government c any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the property shall, if the court so orders, be forfeited to the government. 2 if any person to whom a direction is given under clause b of subsection 4 of section 3 fails to comply with the direction, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months. 2a if any person convicted of an offence under subclause ii of clause a of subsection 1 or under subsection 2 is again convicted of an offence under the same provision, he shall be punishable with imprisonment for the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. 2b for the purposes of subsections 1, 2 and 2a, the fact that an offence under subclause ii of clause a of subsection 1 or under subsection 2 has caused no substantial harm to the general public or to any individual shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months or six months, as the case may be. 23 where a person having been convicted of an offence under subsection 1 is again convicted convicted of an offence under that subsection for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall, in addition to any penalty which may be imposed on him under that subsection, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the court in the order. 1. subs. by act 30 of , s. 6, for subsections 1 and 2 w.e.f. . 2. ins. by act 36 of , s. 7 w.e.f. .

section 5. of the essential commodities act : the central government may, by notified order, direct that 1the power to make orders or issue notifications under section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by a such officer or authority subordinate to the central government, or b such state government or such officer or such authority subordinate to a state government, as may be specified in the direction. 1. subs. by act 66 of , s. 3, for the power to make orders under section 3 w.e.f. .

section 8. of the essential commodities act : any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order.

section 4. of the essential commodities act : an order made under section 3 may confer powers and impose duties upon the central government or the state government or officers and authorities of central government or state government, and may contain directions to any state government or to officers and authorities thereof as to the exercise of any such powers or the discharge of any such duties.

section 9. of the essential commodities act : if any person, i when required by any order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or ii makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 1five years, or with fine, or with both. 1. subs. by act 36 of , s. 8, for three years w.e.f. .

section 10. of the essential commodities act : 1 if the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 10b., of companies convicted under the act. of the essential commodities act : 110b. power of court to publish name, place of business, etc., of companies convicted under the act.1 where any company is convicted under this act, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspapers or in such other manner as the court may direct. 2 no publication under subsection 1 shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. 3 the expenses of any publication under subsection 1 shall be recoverable from the company as if it were a fine imposed by the court. explanation.for the purposes of this section, company has the meaning assigned to it in clause a of the explanation of section 10. 1. ins. by s. 8, ibid. w.e.f. .

section 6e. of the essential commodities act : 16e. bar of jurisdiction in certain cases.whenever any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, or any package, covering or receptacle in which such essential commodity is found, or any animal, vehicle, vessel or other conveyance used in carrying such essential commodity is seized pending confiscation under section 6a, the collector, or, as the case may be, the state government concerned under section 6c shall have, and, notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance. 1. subs. by act 42 of , s. 2, for section 6e w.e.f. .

section 11. of the essential commodities act : no court shall take cognizance of any offence punishable under this act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the indian penal code 45 of i860 1or any person aggrieved or any recognised consumer association, whether such person is a member of that association or not. 2explanation.for the purposes of this section and section 12aa, recognised consumer association means a voluntary consumer association registered under the companies act, 1 of or any other law for the time being in force. 1. ins. by act 73 of , s. 2 w.e.f. . 2. added by s. 2, ibid. w.e.f. .

section 7a. of the essential commodities act : 17a. power of central government to recover certain amounts as arrears of land revenue.1 where any person, liable to a pay any amount in pursuance of any order made under section 3, or b deposit any amount to the credit of any account or fund constituted by or in pursuance of any order made under that section, makes any default in paying or depositing the whole or any part of such amount, the amount in respect of which such default has been made shall whether such order was made before or after the commencement of the essential commodities amendment act, 34 of , and whether the liability of such person to pay or deposit such amount arose before or after such commencement be recoverable by government together with simple interest due thereon computed at the rate of 2fifteen per cent. per annum from the date of such default to the date of recovery of such amount, as an arrear of land revenue 3or as a public demand. 2 the amount recovered under subsection 1 shall be dealt with in accordance with the order under which the liability to pay or deposit such amount arose. 3 notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, no court, tribunal or other authority shall grant any injunction or make any order prohibiting or restraining any government from recovering any amount as an arrear of land revenue 3or as a public demand in pursuance of the provisions of subsection 1. 4 if any order, in pursuance of which any amount has been recovered by government as an arrear of land revenue 3or as a public demand under subsection 1 is declared by a competent court, after giving to the government a reasonable opportunity of being heard, to be invalid, the government shall refund the amount so recovered by it to the person from whom it was recovered, together with simple interest due thereon, computed at the rate of 2fifteen per cent. per annum, from the date of recovery of such amount to the date on which such refund is made. explanation.for the purposes of this section, government means the government by which the concerned order under section 3 was made or where such order was made by an officer or authority subordinate to any government, that government. state amendment rajasthan insertion of new section 7a in central act 10 of . after section 7 of the essential commodities act, central act 10 of , in its application to the state of, the following new section shall be inserted, namely: 7a. forfeiture of certain property used in the commission of the offence.whenever any offence relating to foodstuffs which is punishable under section 7 has been committed, the court shall direct that all the packages, coverings or receptacles in which any property liable to be forfeited under the said section is found and all the animals, vehicles, vessels or other conveyances used in carrying the said property shall be forfeited to the government: provided that if the court is of opinion that it is not necessary to direct forfeiture in respect of all such packages, coverings or receptacles or such animals, vehicles, vessels or other conveyances or any of them, it may, for reasons to be recorded, refrain from doing so. vide rajasthan act 32 of , s. 2 1. ins. by act 34 of , s. 2 w.e.f. . 2. subs. by act 42 of , s. 3, for six per cent. w.e.f. . 3. ins. by s. 3, ibid w.e.f. .

section 10a. of the essential commodities act : 110a. offences to be cognizable.notwithstanding anything contained in 2the code of criminal procedure, 2 of every offence punishable under this act shall be cognizable 3 . 1. ins. by act 36 of , s. 9 w.e.f. . 2. subs. by act 30 of , s. 7, for the code of criminal procedure, 5 of w.e.f. . 3. the words and bailable omitted by s. 7, ibid. w.e.f. .

section 10c. of the essential commodities act : 1 in any prosecution for any offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. explanation.in this section, culpable mental state includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. 2 for the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

section 12. of the essential commodities act : 112. special provision regarding fine.notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for any metropolitan magistrate, or any judicial magistrate of the first class specially empowered by the state government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of contravening any order made under section 3. 1. subs. by act 30 of , s. 9 w.e.f. .

section 15a. of the essential commodities act : 115a. prosecution of public servants.where any person who is a public servant is accused of of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction a of the central government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union b of the state government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the state. 1. ins. by act 92 of , s. 8 w.e.f. .

section 12a. of the essential commodities act : 112a. power to try summarily.1 if the central government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of 2any essential commodity not being an essential commodity referred to in clause a of subsection 2 or trade or commerce therein and other relevant considerations, it is necessary that the contravention of any order made under section 3 in relation to such essential commodity should be tried summarily, the central government may, by notification in the official gazette, specify such order to be a special order for purposes of summary trial under this section, and every such notification shall be laid, as soon as may be after it is issued, before both houses of parliament: 3provided that a every such notification issued after the commencement of the essential commodities amendment act, , shall, unless sooner rescinded, cease to operate at the expiration of two years after the publication of such notification in the official gazette b every such notification in force immediately before such commencement shall, unless sooner rescinded, cease to operate at the expiration of two years after such commencement: provided further that nothing in the foregoing proviso shall affect any case relating to the contravention of a special order specified in any such notification if proceedings by way of summary trial have commenced before that notification is rescinded or ceases to operate and the provisions of this section shall continue to apply to that case as if that notification had not been rescinded or had not ceased to operate. 42 notwithstanding anything contained in the code of criminal procedure, 2 of all, offences relating to a the contravention of an order made under section 3 with respect to 5 ii foodstuffs, including edible oilseeds and oil or iii drugs and b where any notification issued under subsection 1 in relation to a special order is in force, the contravention of such special order, shall be tried in a summary way by a judicial magistrate of the first class specially empowered in this behalf by the state government or by a metropolitan magistrate and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial: provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in the manner provided by the said code. 3 notwithstanding anything to the contrary contained in 6the code of criminal procedure, 2 of , there shall be no appeal by a convicted person in any case tried summarily under this section in which the magistrate passes a sentence of imprisonment not exceeding one month, 7and of fine not exceeding two thousand rupees whether or not any order of forfeiture of property or an order under 8section 452 of the said code is made in addition to such sentences, but an appeal shall lie where any sentence 9 in excess of the aforesaid limits is passed by the magistrate. 104 all cases relating to the contravention of an order referred to in clause a of subsection 2, not being a special order, and pending before a magistrate immediately before the commencement of the essential commodities amendment act, , and, where any notification is issued under subsection 1 in relation to a special order, all cases relating to the contravention of such special order and pending before a magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a magistrate so competent./br 1. ins. by act 47 of , s. 2. 2. subs. by act 30 of , s. 10, for any essential commodity w.e.f. . 3. added by act 66 of , s. 5 w.e.f. . 4. subs. by act 30 of , s. 10, for subsection 2 w.e.f. . 5. subclause i omitted by act 54 of , s. 5 w.e.f. . 6. subs. by act 30 of , s. 10, for the code of criminal procedure, 5 of w.e.f. . 7. subs. by act 30 of , s. 10, for or of fine not exceeding two thousand rupees or both w.e.f. . 8. subs. by s. 10, ibid., for section 517 w.e.f. . 9. the words of imprisonment or fine omitted by s. 10, ibid. w.e.f. . 10. subs. by s. 10, ibid., for subsection 4 w.e.f. .

section 16. of the essential commodities act : 1 the following laws are hereby repealed: a the essential commodities ordinance, 1 of b any other law in force in any state immediately before the commencement of this act in so far as such law controls or authorises the control of the production, supply and distribution of, and trade and commerce in, any essential commodity. 2 notwithstanding such repeal, any order made or deemed to be made by any authority whatsoever, under any law repealed hereby and in force immediately before the commencement of this act, shall, in so far as such order may be made under this act, be deemed to be made under this act and continue in force, and accordingly any appointment made, licence or permit granted or direction issued under any such order and in force immediately before such commencement shall continue in force until and unless it is superseded by any appointment made, licence or permit granted or direction issued under this act. 3 the provision of subsection 2 shall be without prejudice to the provision contained in section 6 of the general clauses act, 10 of , which shall also apply to the repeal of the ordinance or other law referred to in subsection 1 as if such ordinance or other law had been an enactment.

section 13. of the essential commodities act : where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this act, a court shall presume that such order was so made by that authority within the meaning of the indian evidence act, 1 of .

section 15. of the essential commodities act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made under section 3. 2 no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.

section 12b., by civil courts. of the essential commodities act : 112b. grant of injunction, etc., by civil courts.no civil court shall grant an injunction or make any order for any other relief, against the central government or any state government or a public officer in respect of any act done or purporting to be done by such government, or such officer in his official capacity, under this act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such government or officer. 1. ins. by s. 11, ibid. w.e.f. .

section 14. of the essential commodities act : where a person is prosecuted for contravening any order made under section 3 which prohibits him from doing any act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him.

section 8.. of the legal practitioners act : pleaders on enrolment may practise in courts and revenueoffices. rep. s. 505, ibid. w.e.f. .

section 1. of the legal practitioners act : this act may be called the legal practitioners act, and shall come into force on the first day of january, . local extent.this section and section 2 extend to the whole of india 1 except the state of jammu and kashmir.. 2the rest of this act extends, in the first instance, only to the territories which, immediately before the 1st november, , were comprised in west bengal, uttar pradesh, punjab, bihar, madhya pradesh, assam, orissa and delhi. but the state government of any state may, from time to time, by notification in the official gazette, extend3 all or any of the provisions of the rest of this act to the whole or any part of that state to which such provisions do not extend. 1. subs. by act 3 of , s. 3 and sch., for except part b states. 2. subs. by the adaptation of laws no. 2 order, , for the former paragraph. 3. under this power, the act has been extended, subject to certain omissions and so far only as it relates to judicial courts, civil and criminal, to the madras presidency, except the scheduled districts, from 1st april , see fort st. george gazette, , pt. i, pp. 491 and 707. ss. 3 and 4 of the act have been extended to the regulation districts of the bombay presidency, see bombay government gazette , pt. i, p. 290 and ss. 13 except clauses a, b, c, d and f thereof, 34, 36 and 40 have been extended, to the whole of the bombay presidency bombay gazette, , pt. p. . ch. i, s. 40, sch. ii, and so much of chs. iii, v, vi and vii as relates to pleaders, have been extended to coorg, see mysore gazette, , pt . i, p. 355 see also coorg district gazette, , pt. 1, p. 140, for notification extending ss. 4, 5 and 38 coorg district gazette, , pt. i, p. 122, for notification extending ss. 3, 13 and 36 as amended by act 11 of so far as they relate to pleaders and coorg gazette, , pt. i, a. 2, for notification extending ss. 4 and 41. ss. 4 and 41 have been extended to ajmermerwara, see gazette id india, , pt, iia p. 214. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7.. of the legal practitioners act : certificates to pleaders and mukhtars. rep. by s. 50 2, ibid. w.e.f. .

section 3. of the legal practitioners act : in this act, unless there be something repugnant in the subject or context, judge means the presiding judicial officer in every civil and criminal court, by whatever title he is designated subordinate court means all courts subordinate to the high court, including courts of small causes established under act no. 9 of or act no. 11 of revenueoffice includes all courts other than civil courts trying suits under any act for the time being in force relating to landholders and their tenants or agents legal practitioner means an advocate, vakil or attorney of any high court, a pleader mukhtar or revenueagent 3tout means a person a who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business or b who for the purposes of such procurement frequent the precincts of civil or criminal courts or of revenueoffices, or railway stations, landing stages, lodging places or other places of public resort. 1. see now the presidency small cause courts act, 15 of . 2. see now the provincial small cause courts act, 9 of . 3. subs. by act 15 of , s. 2, for the former definition.

section 9.. of the legal practitioners act : mukhtars on enrolment may practise in courts. rep. by s. 505, ibid. w.e.f. .

section 2.. of the legal practitioners act : repeal of enactments. rep. by the repealing act, 1 of s. 2 and schedule.

section 4.. of the legal practitioners act : advocates and vakils. rep. by the advocates act, 25 of , s. 50 3 w.e.f. .

section 11.. of the legal practitioners act : power to declare functions of mukhtars. rep. by s. 50 5, ibid. w.e.f. .

section 6.. of the legal practitioners act : powers to make rules as to qualifications, etc., of pleaders and mukhtars. publication of rules. rep. by the advocates act, 25 of , s. 50 2 w.e.f. .

section 12.. of the legal practitioners act : suspension and dismissal of pleaders and mukhtars convicted of criminal offence. rep by s. 504, ibid. w.e.f .

section 14.. of the legal practitioners act : procedure when charge of unprofessional conduct is brought in court or revenueoffice. suspension pending investigation. rep. by the advocates act, 25 of , s. 50 4 w.e.f. 19 .

section 5.. of the legal practitioners act : attorneys of high court. rep. by s. 503, ibid. w.e.f. .

section 16.. of the legal practitioners act : power to make rules for mukhtars on appellate side of high court. rep. by s. 50 5, ibid. w.e.f. .

section 18.. of the legal practitioners act : certificates to revenueagents. rep. by s. 502, ibid. w.e.f. .

section 10.. of the legal practitioners act : no person to practise as pleader or mukhtar unless qualified. rep. by s. 503, ibid. w.e.f. .

section 13.. of the legal practitioners act : suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct. rep. by s. 504, ibid. w.e.f. .

section 20.. of the legal practitioners act : no person to act as agent in revenueoffices unless qualified. rep. by s. 50 3, ibid. w.e.f. .

section 15.. of the legal practitioners act : power to call for record in case of acquittal under section 14. rep. by s. 504, ibid. w.e.f. .

section 17.. of the legal practitioners act : power to make rules as to qualifications, etc., of revenueagents. rep. by the advocates act, 25 of , s. 50 5 w.e.f. .

section 23.. of the legal practitioners act : procedure when revenueagent is so charged in subordinate office. rep. by s. 50 4, ibid. w.e.f. .

section 19.. of the legal practitioners act : enrolment of revenueagent. rep. by s. 50 5, ibid. w.e.f. .

section 21.. of the legal practitioners act : dismissal of revenueagent convicted of criminal offence. rep. by s. 504, ibid. w.e.f. .

section 22.. of the legal practitioners act : suspension and dismissal of revenueagents guilty of unprofessional conduct. rep. by s. 504, ibid. w.e.f. .

section 24.. of the legal practitioners act : power to chief controlling revenueauthority to call for record. rep. by s. 504, ibid. w.e.f. .

section 25.. of the legal practitioners act : fee for certificates. rep. by the advocates act, 25 of , s. 505 w.e.f. .

section 26.. of the legal practitioners act : dismissed practitioners to surrender certificates. rep. by s. 505, ibid. w.e.f. .

section 31.. of the legal practitioners act : reservation of responsibility for negligence. rep. by s. 6, ibid.

section 27.. of the legal practitioners act : high court and chief controlling revenueauthority to fix fees on civil and revenueproceedings. rep. by the advocates act, 25 of , s. 50 5 w.e.f. .

section 28.. of the legal practitioners act : agreements with clients. rep. by the legal practitioners fees act, 21 of , s. 6.

section 29.. of the legal practitioners act : power to modify or cancel agreements. rep. by s. 6, ibid.

section 32.. of the legal practitioners act : on persons illegally practising as pleaders, mukhtars or revenue agents. rep. by the advocates act, 25 of , s. 50 5 w.e.f. .

section 30.. of the legal practitioners act : agreements to exclude further claims. rep. by s. 6, ibid.

section 33.. of the legal practitioners act : on suspended or dismissed pleader, etc., failing to deliver certificate . rep. by the advocates act, 25 of , s. 50 5 w.e.f. .

section 40.. of the legal practitioners act : pleaders, etc., not to be suspended or dismissed without being heard. rep. by s. 504, ibid. w.e.f. .

section 35.. of the legal practitioners act : revision of fines. rep. by s. 50 5, ibid. w.e.f. .

section 36. of the legal practitioners act : 136. power to frame and publish lists of touts.1 every high court, district judge, sessions judge, district magistrate and presidency magistrate, every revenue officer, not being below the rank of a collector of a district, and the chief judge of every presidency small cause court each as regards their or his own court and the courts, if any, subordinate thereto may frame and publish lists of persons proved to their or his satisfaction, 2or to the satisfaction of any subordinate court as provided in subsection 2a by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time, alter and amend such lists. 2explanation.the passing of a resolution, declaring any person to be or not to be a tout, by a majority of the members present at a meeting, specially convened for the purpose, of an association of persons entitled to practise as legal practitioners in any court or revenue office, shall be evidence of the general repute of such person for the purposes of this subsection. 2 no persons name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. 22a any authority empowered under subsection 1 to frame and publish a list of touts may send to any court subordinate to such authority the names of any persons alleged or suspected to be touts, and order that court to hold an inquiry in regard to such persons and the subordinate court shall thereupon hold an inquiry into the conduct of such persons and, after giving each such parson an opportunity of showing cause as provided in sub section 2, shall report to the authority which has ordered the inquiry the name of each such person who has been proved to the satisfaction of the subordinate court to be a tout and that authority may include the name of any such person in the list of touts framed and published by that authority. provided that such authority shall hear any such person who, before his name has been so included, appears before it and desires to be heard. 3 a copy of every such list shall be kept hung up in every court to which the same relates. 4 the court or judge may, by general or special order, exclude from the precincts of the court any person whose name is included in any such list. 5 every person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of section 13, clause e, and section 22, clause d. 26 any person who acts as a tout whilst his name is included in any such list shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 1. subs. by act 11 of , s. 4, for section 36. 2. ins. by act 15 of , s. 3.

section 37.. of the legal practitioners act : state government to appoint examiners. rep. by the advocates act, 25 of , s. 502 w.e.f. .

section 38.. of the legal practitioners act : exemption of high court practitioners from certain parts. of act. rep. by s. 50 5, ibid. w.e.f. .

section 34.. of the legal practitioners act : on suspended or dismissed practitioner practising during suspension or after dismissal. rep. by s. 50 5, ibid. w.e.f. .

section 42. of the legal practitioners act : repeal of chapter vi of boni. reg. ii of and acts 1 of and 20 of . rep. by the repealing act, 1 of , s. 2 and sch.

section 39.. of the legal practitioners act : suspension or dismissal of person holding mukhtar and revenueagents certificate. rep. by the advocates act, 25 of , s. 504 w.e.f. .

section 41.. of the legal practitioners act : power for certain high courts to enrol advocates. rep. by s. 50 5, ibid. w.e.f. .

section 8. of the copyright act : for the purposes of this act, a body corporate shall be deemed to be domiciled in india if it is incorporated under any law in force in india.

section 1. of the copyright act : show related subordinates 1 this act may be called the copyright act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 21st january, , vide notification no. 269, dated 21st january , see gazette of india, extraordinary, part ii, sec. 3

section 2. of the copyright act : in this act, unless the context otherwise requires, a adaptation means, i in relation to a dramatic work, the conversion of the work into a nondramatic work ii in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise iii in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical 1 iv in relation to a musical work, any arrangement or transcription of the work 2and 2v in relation to any work, any use of such work involving its rearrangement or alteration 3 b 4work of architecture means any building or structure having an artistic character or design, or any model for such building or structure c artistic work means, i a painting, a sculpture, a drawing including a diagram, map, chart or plan, an engraving or a photograph, whether or not any such work possesses artistic quality ii an 4work of architectural and iii any other work of artistic craftsmanship d author means, i in relation to literary or dramatic work, the author of the work ii in relation to a musical work, the composer iii in relation to an artistic work other than a photograph, the artist iv in relation to a photograph, the person taking the photograph 5v in relation to a cinematograph film or sound recording, the producer and vi in relation to any literary, dramatic, musical or artistic work which is computergenerated, the person who causes the work to be created 6dd broadcast means communication to the public i by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images or ii by wire, and includes a rebroadcast e calendar year means the year commencing on the 1st day of january 7f cinematograph film means any work of visual recording 8 and includes a sound recording accompanying such visual recording and cinematograph shall be construed as including any work produced by any process analogous to cinematography including video films 9 fa commercial rental does not include the rental, lease or lending of a lawfully acquired copy of a computer programme, sound recording, visual recording or cinematograph film for nonprofit purposes by a nonprofit library or nonprofit educational institution. explanation.for the purposes of this clause, a nonprofit library or nonprofit educational institution means a library or educational institution which receives grants from the government or exempted from payment of tax under the incometax act, 43 of . 10ff communication to the public means making any work or performance available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it, whether a simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available. explanation.for the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public g delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by 11broadcast h dramatic work includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film 12 hh duplicating equipment means any mechanical contrivance or device used or intended to be used for making copies of any work i engravings include etchings, lithographs, woodcuts, prints and other similar works, not being photographs j exclusive licence means a licence which confers on the licensee or on the licenses and persons authorised by him, to the exclusion of all other persons including the owner of the copyright, any right comprised in the copyright in a work, and exclusive licensee shall be construed accordingly k government work means a work which is made or published by or under the direction or control of i the government or any department of the government ii any legislature in india iii any court, tribunal or other judicial authority in india 13i indian work means a literary, dramatic or musical work, i the author of which is a citizen of india or ii which is first published in india or iii the author of which, in the case of an unpublished work, is, at the time of the making of the work, a citizen of india 14m infringing copy means i in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematograph film ii in relation to a cinematographic film, a copy of the film made on any medium by any means iii in relation to a sound recording, any other recording embodying the same sound recording, made by any means iv in relation to a programme or performance in which such a broadcast reproduction right or a performers right subsists under the provisions of this act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this act n lecture includes address, speech and sermon 15o literary work includes computer programmes, tables and compilations including computer 16databases 17p musical work means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music 18q performance, in relation to performers right, means any visual or acoustic presentation made live by one or more performers 19qq performer includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance 20 /bh s photograph includes photolithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film t plate includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative, 21duplicating equipment or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which 22sound recording for the acoustic presentation of the work are or are intended to be made 23u prescribed means, i in relation to proceedings before a high court, prescribed by rules made by the high court and ii in other cases, prescribed by rules made under this act 24uu producer, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work 25 26 27x reprography means the making of copies of a work, by photocopying or similar means 28xa right management information means, a the title or other information identifying the work or performance b the name of the author or performer c the name and address of the owner of rights d terms and conditions regarding the use of the rights and e any number or code that represents the information referred to in subclauses a to d, but does not include any device or procedure intended to identify the user. xx sound recording means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced 29xxa visual recording means the recording in any medium, by any method including the storing of it by any electronic means, or moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method. y work means any of the following works, namely: i a literary, dramatic, musical or artistic work ii a cinematograph film iii 22sound recording z work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors za work of sculpture includes casts and models. 1. the word and omitted by act 38 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. clause aa omitted by act 33 of , s. 10 w.e.f. . 4. subs. by s. 2, ibid.., for architectural work of art w.e.f. . 5. subs. by s. 2, ibid.., for subclauses v and vi w.e.f. . 6. ins. by act 23 of , s. 3 w.e.f. . 7. subs. by act 38 of , s. 2, for clause f w.e.f. . 8. the words on any medium produced through a process from which a moving image may be any means omitted by act 27 of , s. 2 w.e.f. . 9. ins. by s. 2, ibid. w.e.f. . 10. subs. by s. 2, ibid., for clause ff w.e.f. . 11. subs. by act 23 of , s. 2, for radiodiffusion w.e.f. . 12. ins. by act 65 of , s. 2 w.e.f. . 13. subs. by act 23 of , s. 2, for clause l w.e.f. . 14. subs. by act 38 of , s. 2, for clause m w.e.f. . 15. subs. by s. 2, ibid., for clause o w.e.f. . 16. subs. by act 49 of , s. 2, for data basis w.e.f. . 17. subs. by act 38 of , s. 2, for clause p w.e.f. . 18. subs. by s. 2, ibid., for clause q w.e.f. . 19. ins. by s. 2, ibid. w.e.f. . 20. omitted by s. 2, ibid. w.e.f. . 21. ins. by act 65 of , s. 2 w.e.f. . 22. subs. by act 38 of , s. 2, for record w.e.f. . 23. subs. by act 33 of , s. 10, for clause u w.e.f. . 24. ins. by s. 2, ibid. . 25. omitted by act 23 of , s. 2 w.e.f. . 26. omitted by act 38 of , s. 2 w.e.f. . 27. subs. by s. 2, ibid., for clause x w.e.f. . 28 ins. by act 27 of , s. 2 w.e.f. .

section 7. of the copyright act : where, in the case of an unpublished work, the making of the work is extended over a considerable period, the author of the work shall, for the purposes of this act, be deemed to be a citizen of, or domiciled in, that country of which he was a citizen or wherein he was domiciled during any substantial part of that period.

section 4. of the copyright act : except in relation to infringement of copyright, a work shall not be deemed to be published or performed in public, if published, or performed in public, without the licence of the owner of the copyright.

section 9. of the copyright act : 1 there shall be established for the purposes of this act an office to be called the copyright office. 2 the copyright office shall be under the immediate control of the registrar of copyrights who shall act under the superintendence and direction of the central government. 3 there shall be a seal for the copyright office.

section 3. of the copyright act : 13. meaning of publication.for the purposes of this act, publication means making a work available to the public by issue of copies or by communicating the work to the public. 1. subs. by act 38 of , s. 3, for section 3 w.e.f. .

section 5. of the copyright act : for the purposes of this act, a work published in india shall be deemed to be first published in india, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work and a work shall be deemed to be published simultaneously in india and in another country if the time between the publication in india and the publication in such other country does not exceed thirty days or such other period as the central government may, in relation to any specified country, determine.

section 6. of the copyright act : 16. certain disputes to be decided by 2commercial court.if any question arises a whether a work has been published or as to the date on which a work was published for the purposes of chapter v, or b whether the term of copyright for any work is shorter in any other country than that provided in respect of that work under this act, it shall be referred to the 2commercial court 3: provided that if in the opinion of the 2commercial court, the issue of copies or communication to the public referred to in section 3 was of an insignificant nature, it shall not be deemed to be publication for the purposes of that section. 1. subs. by act 38 of , s. 4, for section 6 w.e.f. . 2. subs. by act 33 of , s. 10, for appellate board w.e.f. . 3. the words and figures constituted under section 11 whose decision thereon shall be final omitted by act 33 of , s. 10 w.e.f. .

section 13. of the copyright act : 1 subject to the provisions of this section and the other provisions of this act, copyright shall subsist throughout india in the following classes of works, that is to say, a original literary, dramatic, musical and artistic works b cinematograph films and c 1sound recording. 2 copyright shall not subsist in any work specified in subsection 1, other than a work to which the provisions of section 40 or section 41 apply, unless i in the case of a published work, the work is first published in india, or where the work is first published outside india, the author is at the date of such publication, or in a case where the author was dead at that date, was at the time of his death, a citizen of india ii in the case of an unpublished work other than a 2work of architecture, the author is at the date of making of the work a citizen of india or domiciled in india and iii in the case of a 2work of architecture, the work is located in india. explanation.in the case of a work of joint authorship, the conditions conferring copyright specified in this subsection shall be satisfied by all the authors of the work. 3 copyright shall not subsist a in any cinematograph film if a substantial part of the film is an infringement of the copyright in any other work b in any 3sound recording made in respect of a literary, dramatic or musical work, if in making the 3sound recording, copyright in such work has been infringed. 4 the copyright in a cinematograph film or a record shall not affect the separate copyright in any work in respect of which or a substantial part of which, the film, or, as the case may be, the 3sound recording is made. 5 in the case of a 3work of architecture, copyright shall subsist only in the artistic character and design and shall not extend to processes or methods of construction. 1. subs. by act 38 of , s. 2, for record w.e.f. . 2. subs. by s. 2, ibid., for architectural work of art w.e.f. . 3. subs. by s. 2, ibid., for record w.e.f.

section 10. of the copyright act : 1 the central government shall appoint a registrar of copyrights and may appoint one or more deputy registrars of copyrights. 2 a deputy registrar of copyrights shall discharge under the superintendence and direction of the registrar of copyrights such functions of the registrar under this act as the registrar may, from time to time, assign to him and any reference in this act to the registrar of copyrights shall include a reference to a deputy registrar of copyrights when so discharging any such functions.

section 16. of the copyright act : no person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence.

section 11. of the copyright act : show related subordinates 11. appellate board.omitted by the tribunal reforms act, 33 of , s. 10 w.e.f. .

section 12. of the copyright act : 12. powers and procedure of appellate board. omitted by s. 10, ibid. w.e.f. .

section 14. of the copyright act : 114. meaning of copyright. for the purposes of this act, copyright means the exclusive right subject to the provisions of this act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely a in the case of a literary, dramatic or musical work, not being a computer programme, i to reproduce the work in any material form including the storing of it in any medium by electronic means ii to issue copies of the work to the public not being copies already in circulation iii to perform the work in public, or communicate it to the public iv to make any cinematograph film or sound recording in respect of the work v to make any translation of the work vi to make any adaptation of the work vii to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in subclauses i to vi b in the case of a computer programme: i to do any of the acts specified in clause a 2ii to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programmer: provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental. c in the case of an artistic work, 3i to reproduce the work in any material form including a the storing of it in any medium by electronic or other means or b depiction in threedimensions of a twodimensional work or c depiction in twodimensions of a threedimensional work d in the case of a cinematograph film, 4i to make a copy of the film, including a a photograph of any image forming part thereof or b storing of it in any medium by electronic or other means 5ii to sell or give on commercial rental or offer for sale or for such rental, any copy of the film. iii to communicate the film to the public e in the case of a sound recording, i to make any other sound recording embodying it 6including storing of it in any medium by electronic or other means 7ii to sell or give on commercial rental or offer for sale or for such rental, any copy of the sound recording iii to communicate the sound recording to the public. explanation.for the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation. 1. subs. by s. 7, ibid., for section 14 w.e.f. . 2. subs. by act 49 of , s. 3, for subclause ii w.e.f. 3. subs. by act 27 of , s. 5, for clause c w.e.f. . 4. subs. by s. 5, ibid., for clause d w.e.f. . 5. subs. by s. 5, ibid., for subclause ii w.e.f. . 6. ins. by s. 5, ibid. w.e.f. . 7. subs. by s. 5, ibid., for subclause ii w.e.f. .

section 15. of the copyright act : 15. special provision regarding copyright in designs registered or capable of being registered under the 1 2designs act, 16 of .1 copyright shall not subsist under this act in any design which is registered under the 1 2designs act, 16 of . 2 copyright in any design, which is capable of being registered under the 1 2designs act, 16 of but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person. 1. the words indian patents and omitted by act 23 of , s. 7 w.e.f. . 2. subs. by act 27 of , s. 6, for designs act, 2 of w.e.f.

section 21. of the copyright act : 1 the author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to 1the registrar of copyrights or by way of public notice and thereupon such rights shall, subject to the provisions of subsection 3, cease to exist from the date of the notice. 2 on receipt of a notice under subsection 1, the registrar of copyrights shall cause it to be published in the official gazette and in such other manner as he may deem fit. 22a the registrar of copyright shall, within fourteen days from the publication of the notice in the official gazette, post the notice on the official website of the copyright office so as to remain in the public domain for a period of not less than three years. 3 the relinquishment of all or any of the rights comprised in the copyright in a work shall not affect any rights subsisting in favour of any person on the date of notice referred to in subsection 1. 1. subs. by s. 11, ibid., for registrar of copyright w.e.f. . 2. ins. by s. 11, ibid. w.e.f. .

section 17. of the copyright act : subject to the provisions of this act, the author of a work shall be the first owner of the copyright therein: provided that a in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work b subject to the provisions of clause a, in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein c in the case of a work made in the course of the authors employment under a contract of service or apprenticeship, to which clause a or clause b does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein 1cc in the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered d in the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein 1dd in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. explanation. for the purpose of this clause and section 28a, public undertaking means i an undertaking owned or controlled by government or ii a government company as defined in section 617 of the companies act, 1 of or iii a body corporate established by or under any central, provincial or state act e in the case of a work to which the provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein. 2 provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses b and c shall affect the right of the author in the work referred to in clause a of subsection 1 of section 13. 1. ins. by act 23 of , s. 8 w.e.f. . 2. ins. by act 27 of , s. 7 w.e.f. .

section 18. of the copyright act : 1 the owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. 3 provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void: provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void. 2 where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this act as the owner of copyright and the provisions of this act shall have effect accordingly. 3 in this section, the expression assignee as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence. 1. ins. by s. 8, ibid. w.e.f. .

section 22. of the copyright act : except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work 1 published within the lifetime of the author until 2sixty years from the beginning of the calendar year next following the year in which the author dies. explanation.in this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last. 1. the brackets and words other than a photograph omitted by act 27 of , s. 12 w.e.f. . 2. subs. by act 13 of , s. 2, for fifty years w.e.f. .

section 19. of the copyright act : 11 no assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent. 22 the assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment. 3 the assignment of copyright in any work shall also specify the amount of 3 royalty and any other consideration payable, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. 4 where the assignee does not exercise the rights assigned to him under any of the other subsections of this section within period of one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment. 5 if the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. 6 if the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within india. 7 nothing in subsection 2 or subsection 3 or subsection 4 or subsection 5 or subsection 6 shall be applicable to assignments made before the coming into force of the copyright amendment act, . 48 the assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member shall be void. 9 no assignment of copyright in any work to make a cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall. 10 no assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form. 1 section 19 renumbered as subsection 1 thereof by act 23 of , s. 9 w.e.f. . 2 subs. by act 38 of , s. 8, for section 19 w.e.f. . 3 subs. by act 27 of , s. 9, for royalty payable w.e.f. . 4 ins. by s. 9, ibid. w.e.f. .

section 19a. of the copyright act : 119a. disputes with respect to assignment of copyright.1 if an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the 2 commercial court may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment. 2 if any dispute arises with respect to the assignment of any copyright, the 2commercial court may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable: provided that the 2commercial court shall not pass any order under this subsection to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author: 3provided further that, pending the disposal of an application for revocation of assignment under this subsection, the 2commercial court may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned: provided also that, no order of revocation of assignment under this subsection, shall be made within a period of five years from the date of such assignment. 43 every complaint received under subsection 2 shall be dealt with by the 2commercial court as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the 2commercial court shall record the reasons thereof. 1. subs. by act 38 of , s. 9, for section 19a w.e.f. . 2. subs. by act 33 of , s.21, for appellate board w.e.f. . 3. subs. by act 27 of , s. 10, for provided further that w.e.f. . 4. ins. by act 27 of , s. 10 w.e.f. .

section 20. of the copyright act : where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testators will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death. explanation.in this section, the expression manuscript means the original document embodying the work, whether written by hand or not.

section 23. of the copyright act : 1 in the case of literary, dramatic, musical or artistic work other than a photograph, which is published anonymously or pseudonymously, copyright shall subsist until 1sixty years from the beginning of the calendar year next following the year in which the work is first published: provided that where the identity of the author is disclosed before the expiry of the said period, copyright shall subsist until 1sixty years from the beginning of the calendar year next following the year in which the author dies. 2 in subsection 1, references to the author shall, in the case of an anonymous work of joint authorship, be construed, a where the identity of one of the authors is disclosed, as references to that author b where the identity of more authors than one is disclosed, as references to the author who dies last from amongst such authors. 3 in subsection 1, references to the author shall, in the case of a pseudonyms work of joint authorship, be construed, a where the names of one or more but not all of the authors are pseudonyms and his or their identity is not disclosed, as references to the author whose name is not a pseudonym, or, if the names of two or more of the authors are not pseudonyms, as references to such of those authors who dies last b where the names of one or more but not all of the authors are pseudonyms and the identity of one or more of them is disclosed, as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed and c where the names of all the authors are pseudonyms and the identity of one of them is disclosed, as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed, as references to such of those authors who dies last. explanation.for the purposes of this section, the identity of an author shall be deemed to have been disclosed, if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the 2commercial court by that author. 1. subs. by act 13 of , s. 2, for fifty years w.e.f. . 2. subs. by act 33 of , s.21, for appellate board w.e.f. .

section 24. of the copyright act : 1 in the case of a literary, dramatic or musical work or an engraving, in which copyright subsists at the date of the death of the author or, in the case of any such work of joint authorship, at or immediately before the date of the death of the author who dies last, but which, or any adaptation of which, has not been published before that date, copyright shall subsist until 1sixty years from the beginning of the calendar year next following the year in which the work is first published or, where an adaptation of the work is published in any earlier year, from the beginning of the calendar year next following that year. 2 for the purposes of this section a literary, dramatic or musical work or an adaptation of any such work shall be deemed to have been published, if it has been performed in public or if any 2sound recordings made in respect of the work have been sold to the public or have been offered for sale to the public. 1 subs. by act 13 of , s. 2, for fifty years w.e.f. . 2 subs. by act 38 of , s. 2, for record w.e.f. .

section 29. of the copyright act : in the case of a work of an international organisation to which the provisions of section 41 apply, copyright shall subsist until 1sixty years from the beginning of the calendar year next following the year in which the work is first published. 1. subs. by act 13 of , s. 2, for fifty years w.e.f. .

section 25.. of the copyright act : term of copyright in photographs. omitted by the copyright amendment act, 27 of , s. 13 w.e.f. .

section 26. of the copyright act : in the case of a cinematograph film, copyright shall subsists until 1sixty years from the beginning of the calendar year next following the year in which the film is published. 1. subs. by act 13 of , s. 2, for fifty years w.e.f.

section 30. of the copyright act : the owner of the copyright in any existing work of the prospective owner of the copyright in any future work may grant any interest in the right by licence in 1writing by him or by his duly authorised agent: provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence. explanation.where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence. 1. subs. by act 27 of , s. 14, for writing signed by him w.e.f. .

section 28. of the copyright act : in the case of government work, where government is the first owner of the copyright therein, copyright shall subsist until 1sixty years from the beginning of the calendar year next following the year in which the work is first published. 1 subs. by act 13 of , s. 2, for fifty years w.e.f.

section 27. of the copyright act : in the case a 1sound recording copyright shall subsist until 2sixty years from the beginning of the calendar year next following the year in which the 1sound recording is published. 1. subs. by act 38 of , s. 2, for record w.e.f. . 2. subs. by act 13 of , s. 2, for fifty years w.e.f. .

section 28a. of the copyright act : 128a. term of copyright in works of public undertakings.in the case of a work, where a public undertaking is the first owner of the copyright therein, copyright shall subsist until 2sixty years from the beginning of the calendar year next following the year in which the work is first published. 1. ins. by act 23 of , s. 11 w.e.f. . 2. subs. by act 13 of , s. 2, for fifty years w.e.f. .

section 30a. of the copyright act : 130a. application of 2section 19.the provisions of sections 19 and 19a shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work. 1. ins. by act 38 of , s. 10 w.e.f. . 2. subs. by act 27 of , s. 15, for section 19 and 19a w.e.f. .

section 31c. of the copyright act : 131c. statutory licence for cover versions.1 any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this section: provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use. 2 the person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the 2commercial court in this behalf: provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section. 3 the person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recordings: provided that such sound recordings shall not be made until the expiration of five calendar years after the end of the year in which the first sound recordings of the work was made. 4 one royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made: provided that the 2commercial court may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works. 5 the person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: provided that if on a complaint brought before the 2commercial court to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the 2commercial court is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty. explanation.for the purposes of this section cover version means a sound recording made in accordance with this section. 1. ins. by act 27 of , s. 18 w.e.f. . 2. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 31. of the copyright act : 1 if at any time during the term of copyright in 1any work which has been published or performed in public, a complaint is made to the 2commecial court that the owner of copyright in the work a has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public or b has refused to allow communication to the public by 3broadcast of such work or in the case of a 4sound recording the work recorded in such 4sound recording, on terms which the complainant considers reasonable, the 2commercial court, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the registrar of copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by 4broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the 2commercial court may determine and thereupon the registrar of copyrights shall grant the 5licence to such person or persons who, in the opinion of the 2commercial court, is or are qualified to do so in accordance with the directions of the 2commercial court, on payment of such fee as may be prescribed. 6 . 7 . 1. subs. by s. 16, ibid., for any indian work w.e.f. . 2. subs. by act 33 of , s.10, for appellate board w.e.f. . 3. subs. by act 23 of , s. 2, for radiodiffusion w.e.f. . 4. subs. by 38 of , s. 16, for record w.e.f. . 5. subs. by act 27 of , s. 16, for licence to the complainant w.e.f. . 6. the explanation omitted by act 27 of , s. 16, w.e.f. . 7. omitted by s. 16, ibid. w.e.f. .

section 31a. of the copyright act : 131a. compulsory licence in unpublished 2or published works. 31 where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in india, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the 4commecial court for a licence to publish or communicate to the public such work or a translation thereof in any language. 2 before making an application under subsection 1, the applicant shall publish his proposal in one issue of a daily newspaper in the english language having circulation in the major part of the country and where the application is for the publication of a translation in any language, also in one issue of any daily newspaper in that language. 3 every such application shall be made in such form as may be prescribed and shall be accompanied with a copy of the advertisement issued under subsection 2 and such fee as may be prescribed. 4 where an application is made to the 4commercial court under this section, it may after holding such inquiry as may be prescribed, direct the registrar of copyrights to grant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the 4commercial court may determine, and thereupon the registrar of copyrights shall grant the licence to the applicant in accordance with the direction of the 4commercial court. 5 where a licence is granted under this section, the registrar of copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the 4commercial court in the public account of india or in any other account specified by the 4commercial court so as to enable the owner of the copyright or, as the case may be, his heirs, executors or the legal representatives to claim such royalty at any time. 6 without prejudice to the foregoing provisions of this section, in the case of a work referred to in subsection 1, if the original author is dead, the central government may, if it considers that the publication of the work is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it. 7 where any work is not published within the period specified by the central government under subsection 6, the 4commercial court may, on an application made by any person for permission to publish the work and after hearing the parties concerned, permit such publication on payment of such royalty as the 4commercial court may, in the circumstances of such case, determine in the prescribed manner. 1. ins. by act 23 of , s. 14 w.e.f. . 2. subs. by act 27 of , s. 17, for indian works w.e.f. . 3. subs. by s. 17, ibid., for subsection 1 w.e.f. . 4. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 31b. of the copyright act : 131b. compulsory licence for benefit of disabled.1 any person working for the benefit of persons with disability on a profit basis or for business may apply to the 2acommercial court, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published any work in which copyright subsists for the benefit of such persons, in a case to which clause zb of subsection 1 of section 52 does not apply and the 2commercial court shall dispose of such application within a period of two months from the receipt of the application. 2 the 2commercial court may, on receipt of an application under subsection 1, inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith. 3 if the 2commercial court is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the registrar of copyright to grant to the applicant such a licence to publish the work. 4 every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and, in the case of issue of copies, the number of copies that may be issued including the rate or royalty: provided that where the 2commercial court issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit. 1. subs. by act 33 of , s.10, for appellate board w.e.f. . 2. subs. by act 7 of , s.160, for copyright board w.e.f. .

section 31d. of the copyright act : 131d. statutory licence for broadcasting of literary and musical works and sound recording.1 any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section. 2 the broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the 2commercial court. 3 the rates of royalties for radio broadcasting shall be different from television broadcasting and the 2commercial court shall fix separate rates for radio broadcasting and television broadcasting. 4 in fixing the manner and the rate of royalty under subsection 2, the 2commercial court may require the broadcasting organisation to pay an advance to the owners of rights. 5 the names of the authors of the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast. 6 no fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights. 7 the broadcasting organisation shall a maintain such records and books of account, and render to the owners of rights such reports and accounts and b allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed. 8 nothing in this section shall affect the operation of any licence issued or any agreement entered into before the commencement of the copyright amendment act, . 1. ins. by act 27 of , s. 18 w.e.f. . 2. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 33a. of the copyright act : 133a. tariff scheme by copyright societies.1 every copyright society shall publish its tariff scheme in such manner as may be prescribed. 2 any person who is aggrieved by the tariff scheme may appeal to the 2commercial court and the board may, it satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein: provided that the aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the 2commercial court and shall continue to pay such fee until the appeal is decided, and the board shall not issue any order staying the collection of such fee pending disposal of the appeal: provided further that the 2commercial court may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment according pending disposal of the appeal. 1. ins. by s. 20, ibid. w.e.f. . 2. . subs. by act 33 of , s.10, for appellate board w.e.f. .

section 34a.. of the copyright act : 134apayment of remunerations by copyright society. omitted by the copyright amendment act, 27 of , s. 22 w.e.f. . 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. .

section 32. of the copyright act : 1 any person may apply to the 1commercial courtc for a licence to produce and publish a translation of a literary or dramatic work in any language 2after a period of seven years from the first publication of the work. 11a notwithstanding anything contained in subsection 1, any person may apply to the 1appellate board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an indian work, in any language in general use in india after a period of three years from the first publication of such work, if such translation is required for the purposes of teaching, scholarship or research: provided that where such translation is in a language not in general use in any developed country, such application may be made after a period of one year from such publication. 2 every 3application under this section shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the translation of the work. 3 every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed. 4 where an application is made to the 1commercial court under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a translation of the work in the language mentioned in 4the application i subject to the condition that the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the translation of the work sold to the public, calculated at such rate as the 1commercial court may, in the circumstances of each case, determine in the prescribed manner and ii where such licence is granted on an application under subsection 1a, subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside india and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in india: provided that nothing in clause ii shall apply to the export by government or any authority under the government of copies of such translation in a language other than english, french or spanish or to any country if 1 such copies are sent to citizens of india residing outside india or to any association of such citizens outside india or 2 such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose and 3 in either case, the permission for such export has been given by the government of that country: 5provided further that no licence under this section shall be granted, unless a a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, 6within seven years or three years or one year, as the case may be, of the first publication of the work, or if a translation has been so published, it has been out of print b the applicant has proved to the satisfaction of the 1commercial court that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that 7he was, after due diligence on his part, unable to find the owner of the copyright c where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for 8such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under subsection 1, not less than two months before 9such application 10cc a period of six months in the case of an application under subsection 1a not being an application under the proviso thereto, or nine months in the case of an application under the proviso to that subsection, has elapsed from the date of making the request under clause b of this proviso or where a copy of the request has been sent under clause c of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or nine months, as the case may be ccc in the case of any application made under subsection 1a i the name of the author and the title of the particular edition of the work proposed to be translated are printed on all the copies of the translation ii if the work is composed mainly of illustrations, the provisions of section 32a are also complied with d the 1commercial court is satisfied that the applicant is competent to produce and publish a correct translation of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section e the author has not withdrawn from circulation copies of the work and f an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. 115 any broadcasting authority may apply to the 1commercial court for a licence to produce and publish the translation of a a work referred to in subsection 1a and published in printed or analogous forms of reproduction or b any text incorporated in audiovisual fixations prepared and published solely for the purpose of systematic instructional activities, for broadcasting such translation for the purposes of teaching or for the dissemination of the results of specialised, technical or scientific research to the experts in any particular field. 6 the provisions of subsections 2 to 4 in so far as they are relatable to an application under subsection 1a, shall, with the necessary modifications, apply to the grant of a licence under subsection 5 and such licence shall not also be granted unless a the translation is made from a work lawfully acquired b the broadcast is made through the medium of sound and visual recordings c such recording has been lawfully and exclusively made for the purpose of broadcasting in india by the applicant or by other broadcasting agency and d the translation and the broadcasting of such translation are not used for any commercial purposes. explanation.for the purposes of this section, a developed country means a country which is not a developing country b developing country means a country which is for the time being regarded as such in conformity with the practice of the general assembly of the united nations c purposes of research does not include purposes of industrial research, or purposes of research by bodies corporate not being bodies corporate owned or controlled by government or other association or body of persons for commercial purposes d purposes of teaching, research or scholarship includes i purposes of instructional activity at all levels in educational, institutions, including schools, colleges, universities and tutorial institutions and ii purposes of all other types of organised educational activity. 1. subs. by act 33 of , s.10, for appellate board w.e.f. . 2. ins. by act 23 of , s. 13 w.e.f. . 3. subs. by s. 13,ibid., for such application w.e.f. . 4. subs. by act 23 of , s. 13, for certain words w.e.f. . 5. subs. by act 23 of , s. 13, for provided that no such licence w.e.f. . 6. subs. by s. 13, iibid., for within seven years of the first publication of the work w.e.f. . 7. subs. by s. 13, ibid., for he was unable to find w.e.f. . 8. subs. by s. 13, ibid., for such authorisation to the publisher whose name appears from the work w.e.f. . 9. subs. by s. 13, ibid., for the application for the licence w.e.f. . 10. ins. by s. 13, ibid. w.e.f. . 11. ins. by act 23 of , s. 13 w.e.f. .

section 32a. of the copyright act : 1 32a. licence to reproduce and publish works for certain purposes. 1 where, after the expiration of the relevant period from the date of the first publication of an edition of a literary, scientific or artistic work, a the copies of such edition are not made available in india or b such copies have not been put on sale in india for a period of six months, to the public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in india for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf, any person may apply to the 2commercial court for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities. 2 every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced. 3 every applicant for a licence under this section shall, along with his application, deposit with the registrar of copyrights such fee as may be prescribed. 4 where an application is made to the 2commercial court under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence, to produce and publish a reproduction of the work mentioned in the application subject to the conditions that, i the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the 2commercial court may, in the circumstances of each case, determine in the prescribed manner ii a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside india and every copy of such reproduction shall contain a notice that the copy is available for distribution only in india: provided that no such licence shall be granted unless a the applicant has proved to the satisfaction of the 2commercial court that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner b where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered airmail post to the publisher whose name appears from the work not less than three months before the application for the licence c the 2commercial court is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay the owner of the copyright the royalties payable to him under this section d the applicant undertakes to reproduce and publish the work at such price as may be fixed by the 2commercial court, being a price reasonably related to the price normally charged in india for works of the same standard on the same or similar subjects e a period of six months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under clause a, or where a copy of the request has been sent under clause b, from the date of sending of a copy, and a reproduction of the work has not been published by the owner of the copyright in the work or any person authorised by him within the said period of six months or, three months, as the case may be f the name of the author and the title of the particular edition of the work proposed to be reproduced are printed on all the copies of the reproduction g the author has not withdrawn from circulation copies of the work and h an opportunity of being heard is given, wherever practicable, to the owner of the copyright in the work. 5 no licence to reproduce and publish the translation of a work shall be granted under this section unless such translation has been published by the owner of the right of translation or any person authorised by him and the translation is not in a language in general use in india. 6 the provisions of this section shall also apply to the reproduction and publication, or translation into a language in general use in india, of any text incorporated in audiovisual fixations prepared and published solely for the purpose of systematic instructional activities. explanation. for the purpose of this section, relevant period, in relation to any work, means a period of a seven years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, fiction, poetry, drama, music or art b three years from the date of the first publication of that work, where the application is for the reproduction and publication of any work of, or relating to, natural science, physical science, mathematics or technology and c five years from the date of the first publication of that work, in any other case. 1. ins. by act 23 of , s. 13 w.e.f. . 2. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 32b. of the copyright act : 132b. termination of licences issued under this chapter. 1 if, at any time after the granting of a licence to produce and publish the translation of a work in any language under subsection 1a of section 32 hereafter in this subsection referred to as the licensed work, the owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in india for the translation of works of the same standard on the same or similar subject, the licence so granted shall be terminated: provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding such licence by the owner of the right of translation intimating the publication of the translation as aforesaid: provided further that copies of the licensed work produced and published by the person holding such licence before the termination of the licence takes effect may continue to be sold or distributed until the copies already produced and published are exhausted. 2 if, at any time after the granting of a licence to produce and publish the reproduction or translation of any work under section 32a, the owner of the right of reproduction or any person authorised by him sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same in content at a price reasonably related to the price normally charged in india for works of the same standard on the same or similar subject, the licence so granted shall be terminated: provided that no such termination shall take effect until after the expiry of a period of three months from the date of service of a notice in the prescribed manner on the person holding the licence by the owner of the right of reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid: provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies already produced are exhausted. 1. ins. by act 23 of , s. 13 w.e.f. .

section 33. of the copyright act : 133. registration of copyright society. 1 no person or association of persons shall, after coming into force of the copyright amendment act, commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this act except under or in accordance with the registration granted under subsection 3: provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society: 2 provided further that the business of issuing or granting license in respect of literary, dramatic, musical and artistic works incorporated in a cinematograph films or sound recording shall be carried out only through a copyright society duly registered under this act: provided also that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the copyright amendment act, 38 of shall be deemed to be a copyright society for the purposes of this chapter and every such society shall get itself registered within a period of one year form the date of commencement of the copyright amendment act, . 2 any association of persons who fulfils such conditions as may be prescribed may apply for permission to do the business specified in subsection 1 to the registrar of copyrights who shall submit the application to the central government. 3 the central government may, having regard to the interests of the authors and other owners of rights under this act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: provided that the central government shall not ordinarily register more than one copyright society to do business in respect of the same class of works. 33a the registration granted to a copyright society under subsection 3 shall be for a period of five years and may be renewed from time to time before the end of every five years on a request in the prescribed form and the central government may renew the registration after considering the report of registrar of copyright on the working of the copyright society under section 36: provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyrights or of the right to receive royalty: provided further that every copyright society already registered before the coming into force of the copyright amendment act, 27 of shall get itself registered under this chapter within a period of one years form the date of commencement of the copyright amendment act, . 4 the central government may, if it is satisfied that a copyright society is being managed in a manner detrimental to the interests of the 4authors and other owners of rights concerned, cancel the registration of such society after such inquiry as may be prescribed. 5 if the central government is of the opinion that in the interest of the 4authors and other owners of rights concerned 5or for noncompliance of sections 33a, subsection 3 of section 35 or and section 36 of any change carried out in the instrument by which the copyright society is established or incorporated and registered by the central government without prior notice to it, is necessary so to do it may, by order suspend the registration of such society pending inquiry for such period not exceeding one year as may be specified in such order under subsection 4 and that government shall appoint an administrator to discharge the functions of the copyright society. 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. . 2. subs. by act 27 of , s. 19, for provided that w.e.f. . 3. ins. by s. 19 ibid, w.e.f. . 4. subs. by s. 19, ibid., for owner of rights w.e.f. .

section 36a. of the copyright act : 136a. rights and liabilities of performing rights societies.nothing in this chapter shall affect any rights or liabilities in any work in connection with a 2copyright society which had accrued or were incurred on or before the day prior to the commencement of 3the copyright amendment act, , or any legal proceedings in respect of any such rights or liabilities pending on that day. 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. . 2. subs. by act 27 of , s. 24, for performing rights society w.e.f. . 3. subs. by s. 24,ibid., for the copyright amendment act, 38 of w.e.f. .

section 34. of the copyright act : 134. administration of rights of owner by copyright society.1 subject to such conditions as may be prescribed, a a copyright society may accept from an 2author and other owners of right exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both and b an 2author and other owners of right shall have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract. 2 it shall be competent for a copyright society to enter into agreement with any foreign society or organisation administering rights corresponding to rights under this act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in india, or for administering in india the rights administered in a foreign country by such foreign society or organisation: provided that no such society or organisation shall permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in indian and other works. 3 subject to such conditions as may be prescribed, a copyright society may i issue licences under section 30 in respect of any rights under this act ii collect fees in pursuance of such licences iii distribute such fees among 2author and other owners of right after making deductions for its own expenses iv perform any other functions consistent with the provisions of section 35. 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. . 2. subs. by act 27 of , s. 21, for owner of rights w.e.f.

section 35. of the copyright act : 135. control over the copyright society by the 2author and other owners of right.1 every copyright society shall be subject to the collective control of the owners of rights under this act whose rights it administers not being 2author and other owners of right under this act administered by a foreign society or organisation referred to in subsection 2 of section 34 and shall, in such manner as may be prescribed, a obtain the approval of such owners of rights for its procedures of collection and distribution of fees b obtain their approval for the utilisation of any amounts collected as fees for any purpose other than distribution to the owner of rights and c provide to such owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights. 2 all fees distributed among the 2author and other owners of right shall, as far as may be, be distributed in proportion to the actual use of their works. 33 every copyright society shall have a governing body with such number of persons elected from among the members of the society consisting of equal number of authors and owners of work for the purpose of the administration of the society as may be specified. 4 all members of copyright society shall enjoy equal membership rights and there shall be no discrimination between authors and owners of rights in the distribution of royalties. 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. . 2. subs. by act 27 of , s. 23, for owner of rights w.e.f. . 3. ins. by s. 23, ibid. w.e.f. .

section 36. of the copyright act : 136. submission of returns and reports.1 every copyright shall submit to the registrar of copyrights such returns as may be prescribed. 2 any officer duly authorised by the central government in this behalf may call for any report and also call for any records of any copyright society for the purpose of satisfying himself that the fees collected by the society in respect of rights administered by it are being utilised or distributed in accordance with the provisions of this act. 1. subs. by act 38 of , s. 11, for chapter vii w.e.f. .

section 38a. of the copyright act : 138a. exclusive right of performers. 1 without prejudice to the rights conferred on authors, the performers right which is an exclusive right subject to the provisions of this act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely: a to make a sound recording or a visual recording of the performance, including i reproduction of it in any material form including the storing of it in any medium by electronic or any other means ii issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means iii communication of it to the public iv selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording b to broadcast or communicate the performance to the public except where the performance is already broadcast. 2 once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performers right in the same film: provided that, notwithstanding anything contained in this subsection, the performer shall be entitled for royalties in case of making of the performances for commercial use. 1 ins. by s. 27, ibid. w.e.f. .

section 37. of the copyright act : 1, 237. broadcast reproduction right. 1 every broadcasting organisation shall have a special right to be known as broadcast reproduction right in respect of its broadcasts. 2 the broadcast reproduction right shall subsist until twentyfive years from the beginning of the calendar year next following the year in which the broadcast is made. 3 during the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof, a rebroadcast the broadcast or b causes the broadcast to be heard or seen by the public on payment of any charges or c makes any sound recording or visual recording of the broadcast or d makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence or 3e sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause c or clause d. 1. subs. by act 38 of , s. 12, for rights of broadcasting authorities w.e.f. . 2. subs. by s. 13, ibid., for section 37 w.e.f. . 3. subs. by act 27 of , s. 25, for clause e w.e.f. .

section 39a. of the copyright act : 139a. certain provisions to apply in case of broadcast reproduction right and performers rights. sections 18, 19, 30, 30a, 33, 33a, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65a, 65b and 66 shall, with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performers right in any performance as they apply in relation to copyright in a work: provided that where copyright to performers right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of rights or performer, as the case may be, or both of them: provided further that the broadcast reproduction right or performers right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work. 2 the broadcast reproduction right or the performers right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made. 1 subs. by act 27 of , s. 28, for section 39a w.e.f.

section 38. of the copyright act : 138. performers right. 1 where any performer appears or engages in any performance, he shall have a special right to be known as the performers right in relation to such performance. 2 the performers right shall subsist until 2fifty years from the beginning of the calendar year next following the year in which the performance is made. 3 1. subs. by act 38 of , s. 14, for section 38 w.e.f. . 2. subs. by 49 of , s. 4, for twentyfive years w.e.f. . 3. omitted by act 27 of , s. 26 w.e.f. .

section 38b. of the copyright act : 138b. moral rights of the performer.the performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right, a to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance and b to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. explanation.for the purpose of this clause, it is already clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performers reputation. 1. ins. by s. 27, ibid. w.e.f. .

section 39. of the copyright act : 139. acts not infringing broadcast reproduction right or performers right. no broadcast reproduction right or performers right shall be deemed to be infringed by a the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research or b the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research or c such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52. 1 subs. by act 38 of , s. 15, for section 39 w.e.f.

section 41. of the copyright act : 1 where a any work is made or first published by or under the direction or control of any organisation to which this section applies, and b there would, apart from this section, be no copyright in the work in india at the time of the making or, as the case may be, of the first publication thereof, and c either i the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or ii under section 17 any copyright in the work would belong to the organisation there shall, by virtue of this section, be copyright in the work throughout india. 2 any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright. 3 the organisations to which this section applies are such organisations as the central government may, by order published in the official gazette, declare to be organisations of which one or more sovereign powers or the government or governments thereof are members to which it is expedient that this section shall apply.

section 40. of the copyright act : the central government may, by order published in the official gazette, direct that all or any provisions of this act shall apply a to work first published in any territory outside india to which the order relates in like manner as if they were first published within india b to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of india c in respect of domicile in any territory outside india to which the order relates in like manner as if such domicile were in india d to any work of which the author was at the date of the first publication thereof, or, in a case where the author was dead at that date, was at the time of his death, a subject or citizen of a foreign country to which the order relates in like manner as if the author was a citizen of india at that date or time and thereupon, subject to the provisions of this chapter and of the order, this act shall apply accordingly: provided that i before making an order under this section in respect of any foreign country other than a country with which india has entered into a treaty or which is a party to a convention relating to copyright to which india is also a party, the central government shall be satisfied that that foreign country has made, or has undertaken to make, such provisions if any, as it appears to the central government expedient to require for the protection in that country of works entitled to copyright under the provisions of this act ii the order may provide that the provisions of this act shall apply either generally or in relation to such classes of works or such classes of cases as may be specified in the order iii the order may provide that the term of copyright in india shall not exceed that conferred by the law of the country to which the order relates 1but such a term or copyright shall not exceed the term of copyright provided under this act iv the order may provide that the enjoyment of the rights conferred by this act shall be subject to the accomplishment of such conditions and formalities, if any, as may be prescribed by the order v in applying the provisions of this act as to ownership of copyright, the order may make such exception and modifications as appear necessary, having regard to the law of the foreign country vi the order may provide that this act or any part thereof shall not apply to works made before the commencement of the order or that this act or any part thereof shall apply to works first published before the commencement of the order. 1 . ins. by act 27 of , s. 29 w.e.f. .

section 40a. of the copyright act : 140a. power of central government to apply chapter viii to broadcasting organisations and performers in certain other countries. 1 if the central government is satisfied that a foreign country other than a country with which india has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which india is also a party has made or has undertaken to make such provisions, if any, as it appears to the central government expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations and performers as is available under this act, it may, by order published in the official gazette, direct that the provisions of chapter viii shall apply a to broadcasting organisation whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitted situated in a country to which the order relates as if the headquarters of such organisation were situated in india or such broadcast were made from india b to performances that took place outside india to which the order relates in like manner as if they took place in india c to performance that are incorporated in a sound recording published in a country to which the order relates as if it were published in india d to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitted which is situated in a country to which the order relates as if the headquarters of such organisation were situated in india or such broadcast were made from india. 2 every order made under subsection 1 may provide that i the provisions of chapter viii, shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order ii the term of the rights of broadcasting organisations and performers in india shall not exceed such term as is conferred by the law of the country to which the order relates iii the enjoyment of the rights conferred by chapter viii shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order iv chapter viii of any part thereof shall not apply to broadcast and performances made before the commencement of the order or that chapter viii or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order v in case of ownership of rights of broadcasting organisations and performers, the provisions of chapter viii shall apply with such exceptions and modifications as the central government may, having regard to the law of the foreign country, consider necessary. 1 ins. by act 49 of , s. 5 w.e.f. .

section 42. of the copyright act : if it appears to the central government that a foreign country does not give or has not undertaken to give adequate protection to the works of indian authors, the central government may, by order published in the official gazette, direct that such of the provisions of this act as confer copyright on works first published in india shall not apply to works, published after the date specified in the order, the authors whereof are subjects or citizens of such foreign country and are not domiciled in india, and thereupon those provisions shall not apply to such works.

section 46. of the copyright act : there shall be also kept at the copyright office such indexes of the register of copyrights as may be prescribed.

section 42a. of the copyright act : 142a. power to restrict rights of foreign broadcasting organisations and performers. if it appears to the central government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the central government may, by order published in the official gazette, direct that such of the provisions of this act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in india, and thereupon those provisions shall not apply to such broadcasting organisations or performers: 2provided that it does not exceed the period provided under this act. 1. ins. by act 49 of , s. 6 w.e.f. . 2. ins. by act 27 of , s. 30 w.e.f. .

section 48. of the copyright act : the register of copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom, certified by the registrar of copyrights and sealed with the seal of the copyright office shall be admissible in evidence in all courts without further proof or production of the original.

section 43. of the copyright act : every order made by the central government under this chapter shall, as soon as may be after it is made, be laid before both houses of parliament and shall be subject to such modifications as parliament may make during the session in which it is so laid or the session immediately following.

section 47. of the copyright act : the register of copyrights and indexes thereof kept under this act shall at all reasonable times be open to inspection, and any person shall be entitled to take copies of, or make extracts from, such register or indexes on payment of such fee and subject to such conditions as may be prescribed.

section 45. of the copyright act : 1 the author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the registrar of copyrights for entering particulars of the work in the register of copyrights: 1provided that in respect of an artistic work which is used or is capable of being used in 2relation to any goods or services, the application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in 3section 3 of the trade marks act, 47 of , to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name of, or that no application has been made under that act for such registration by, any person other than the applicant. 2 on receipt of an application in respect of any work under subsection 1, the registrar of copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the register of copyrights. 1. the proviso added by act 23 of , s. 16 w.e.f. . 2. subs. by act 27 of , s. 31, for relation to any goods w.e.f. . 3. subs. by s. 31, ibid., for section 4 of the trade and merchandise marks act, 43 of w.e.f. .

section 44. of the copyright act : there shall be kept at the copyright office a register in the prescribed form to be called the register of copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed.

section 49. of the copyright act : the registrar of copyrights may, in the prescribed cases and subject to the prescribed conditions, amend or alter the register of copyrights by a correcting any error in any name, address or particulars or b correcting any other error which may have arisen therein by accidental slip or omission.

section 50. of the copyright act : 50. rectification of register by 1high court.the 1hight court, on application of the registrar of copyrights or of any person aggrieved, shall order the rectification of the register of copyrights by a the making of any entry wrongly omitted to be made in the register, or b the expunging of any entry wrongly made in, or remaining on, the register, or c the correction of any error or defect in the register. 1. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 50a., to be published. of the copyright act : 150a. entries in the register of copyrights, etc., to be published. every entry made in the register of copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rectification ordered under section 50, shall be published by the registrar of copyrights in the official gazette or in such other manner as he may deem fit. 1. ins. by act 23 of , s. 17 w.e.f. .

section 51. of the copyright act : copyright in a work shall be deemed to be infringed a when any person, without a licence granted by the owner of the copyright or the registrar of copyrights under this act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this act i does anything, the exclusive right to do which is by this act conferred upon the owner of the copyright, or 1ii permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright or b when any person i makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or ii distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or iii by way of trade exhibits in public, or iv imports 2 into india, any infringing copies of the work: 3provided that nothing in subclause iv shall apply to the import of one copy of any work for the private and domestic use of the importer. explanation. for the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an infringing copy. 1. subs. by act 38 of , s. 16, for subclause ii w.e.f. . 2. the brackets and words except for the private and domestic use of the importer omitted by act 65 of , s. 3 w.e.f. . 3. subs. by act 38 of , s. 16, for the proviso w.e.f. .

section 52. of the copyright act : 1 the following acts shall not constitute an infringement of copyright, namely, 1a a fair dealing with any work, not being a computer programme, for the purpose of i private or personal use, including research ii criticism or review, whether of that work or of any other work iii the reporting of current events and current affairs, including the reporting of a lecture delivered in public explanation. the storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself in infringing copy for the said purposes, shall not constitute infringement of copyright. 2aa the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy i in order to utilise the computer programme for the purpose for which it was supplied or ii to make backup copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied 3ab the doing of any act necessary to obtain information essential for operating interoperability of an independently created computer programmes with other programmer by a lawful possessor of a computer programme provided that such information is not otherwise readily available ac the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied ad the making of copies or adaptation of the computer programme from a personally legally obtained copy for noncommercial personal use 4b the transient or incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public c transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy: provided that if the person responsible for the storage of the copy has received a written complaint from the owner of copyright in the work, complaining that such transient or incidental storage is an infringement, such person responsible for the storage shall refrain from facilitating such access for a period of twentyone days or till he receives an order from the competent court refraining from facilitation access and in case no such order is received before the expiry of such period of twentyone days, he may continue to provide the facility of such access d the reproduction of any work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding e the reproduction or publication of any work prepared by the secretariat of a legislature or, where the legistanure consists of two houses, by the secretariat of either house of the legislature, exclusively for the use of the members of that legislature f the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force g the reading or recitation in public of reasonable extracts from a published literacy or dramatic work h the publication in a collection, mainly composed of noncopyright matter, bona fide intended for instruction use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists: provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. explanation. in the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person i the reproduction of any work i by a teacher or a pupil in the course of instruction or ii as part of the question to be answered in an examination or iii in answers to such questions 5j the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guadians of the students and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording k the causing of a recording to be heard in public by utilising it, i in an enclosed room or hall meant for the common use of residents in any residential premises not being a hotel or similar commercial establishment as part of the amenities provided exclusively or mainly for residents therein or ii as part of the activities of a club or similar organisation which is not established or conducted for profit l the performance of a literary, dramatic or musical work by an amateur, club or society, if the performance is given to a nonpaying audience, or for the benefit of a religious institution m the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction 6n the storing of a work in any medium by electronic means by a noncommercial public library, for preservation if the library already possesses a nondigital copy of the work o the making of not more than three copies of a book including a pamphlet, sheet of music, map, chart or plan by or under the direction of the person in charge of a 7noncommercial public library for the use of the library if such book is not available for sale in india p the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access: provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than 8sixty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last q the reproduction or publication of i any matter which has been published in any official gazette except an act of a legislature ii any act of a legislature subject to the condition that such act is reproduced or published together with any commentary thereon or any other original matter iii the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the table of the legislature, unless the reproduction or publication of such report is prohibited by the government iv any judgment or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be r the production or publication of a translation in any indian language of an act of a legislature and of any rules or orders made thereunder i if no translation of such act or rules or orders in that language has been previously been produced or published by the government or ii where a translation of such act or rules or orders in that language has been produced or published by the government, if the translation is not available for sale to the public: provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the government 9s the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture t the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under subclause iii of clause c of section 2, if such work is permanently situate in a public place or any premises to which the public has access u the inclusion in a cinematograph film of i any artistic work permanently situate in a public place or any premises to which the public has access or ii any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film v the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work: provided that he does not thereby repeat or imitate the main design of the work 10w the making of a threedimensional object from a twodimensional artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device x the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed: provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans y in relation to a literary, 11dramatic, artistic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term of copyright therein: provided that the provisions of subclause ii of clause a, subclause i of clause b and clauses d, f, g, m and p shall not apply as respects any act unless that act is accompanied by an acknowledgment i identifying the work by its title or other description and ii unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgment of his name should be made, also identifying the author 12z the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast and the retention of such recording for archival purposes on the ground of its exceptional documentary character za the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the central government or the state government or any local authority. explanation. for the purpose of this clause, religious ceremony includes a marriage procession and other social festivities associated with a marriage 13zb the adaption, reproduction, issue of copies or communication to the public of any work in any accessible format, by i any person to facilitate persons with disability to access to works including sharing with any person with disability of such accessible format for private or personal use, educational purpose or research or ii any organisation working for the benefit of the persons with disabilities in case the normal format prevents the enjoyment of such works by such persons: provided that the copies of the works in such accessible format are made available to the persons with disabilities on a nonprofit basis but to recover only the cost of production: provided further that the organisation shall ensure that the copies of works in such accessible format as used only by persons with disabilities and takes reasonable steps to prevent its entry into ordinary channels of business. explanation. for the purposes of this subclause, any organisation includes and organisation registered under section 12a of the incometax act, 43 of and working for the benefit of persons with disability or reorgnised under chapter x of the persons with disabilities equal opportunities, protection or rights and full participation act, 1 of or receiving grants from the government for facilitationg access to persons with disabilities or an educational institution or library or archives recognised by the government zc the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being lawfully. 2 the provisions of subsection 1 shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself. 1. subs. by act 27 of , s. 32, for clause a w.e.f. . 2. ins. by act 38 of , s. 17 w.e.f. . 3. ins. by act 49 of , s. 7 w.e.f. . 4. subs. by act 27 of , s. 32, for clauses b, c, d, e, f, g, h, i and j w.e.f. . 5. subs. by act 38 of , s. 17, for clauses j and k w.e.f. . 6. subs. by act 27 of , s. 32, for clause n w.e.f. . 7. subs. by s. 32, ibid., for public library w.e.f. . 8. subs. by act 49 of , s. 7, for fifty years w.e.f. . 9. subs. by act 38 of , s. 17, for clause s w.e.f. . 10. subs. by act 27 of , s. 32, for clause w w.e.f. . 11. subs. by s. 32, ibid., for dramatic or w.e.f. 12. ins. by act 38 of , s. 17 w.e.f. . 13. ins. by act 27 of , s. 32 w.e.f. .

section 54. of the copyright act : for the purposes of this chapter, unless the context otherwise requires, the expression owner of copyright shall include a an exclusive licensee b in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise establishment to the satisfaction of the 1comnercial court by that author or his legal representatives. 1. subs. by act 33 of , s.10, for appellate board w.e.f. .

section 52b.. of the copyright act : accounts and audit. omitted by the copyright act, 27 of , s. 33 w.e.f. .

section 52a. of the copyright act : 152a. particulars to be included in records and video films. 1 no person shall publish a 2sound recording in respect of any work unless the following particulars are displayed on the 2sound recording and on any container thereof, namely: a the name and address of the person who has made the record b the name and address of the owner of the copyright in such work and c the year of its first publication. 2 no person shall publish a video film in respect of any work unless the following particulars are displayed in the video film, when exhibited, and on the video cassette or other container thereof, namely: a if such work is a cinematograph film required to be certified for exhibition under the provisions of the cinematograph act, 37 of , a copy of the certificate granted by the board of film certification under section 5a of that act in respect of such work b the name and address of the person who has made the video film and a declaration by him that he has obtained the necessary licence or consent from the owner of the copyright, in such work for making such video film and c the name and address of the owner for the copyright in such work. 1. ins. by act 65 of , s. 4 w.e.f. . 2. subs. by act 38 of , s. 2, for record w.e.f. .

section 53a. of the copyright act : 153a. resale share right in original copies.1 in the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section: provided that such right shall cease to exist on the expiration of the term of copyright in the work. 2 the share referred to in subsection 1 shall be such as the 2commercial court may fix 3: provided that the 2commercial court may fix different shares for different classes of work: provided further that in no case shall the share exceed ten percent, of the resale price. 3 if any dispute arises regarding the right conferred by this section, it shall be referred to the 2commercial court whose decision shall be final. 1. ins. by act 38 of , s. 18 w.e.f. . 2. subs. by act 33 of , s.10, for appellate board w.e.f. . 3.the words and the decision of the appellate board in this behalf shall be final omitted by s. 10, ibid. w.e.f. .

section 53. of the copyright act : 153. importation of infringing copies. 1 the owner of any right conferred by this act in respect of any work or any performance embodied in such work, or his duly authorised agent, may give notice in writing to be commissioner of customs, or to any other officer authorised in this behalf by the central board of excise and customs, a that he is the owner of the said right, with proof thereof, and b that he requests the commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in india at a time and a place specified in the notice. 2 the commissioner, after scrutiny of the evidence furnished by the owner of the right and on being satisfied may, subject to the provisions of subsection 3, treat infringing copies of the work as prohibited goods that have been imported into india, excluding goods in transit: provided that owner of the work deposits such amount as the commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that works are not infringing copies. 3 when any goods treated as prohibited under subsection 2 have been detained, the customs officer detaining them shall inform the importer as well as the person who gave notice under subsection 1 of the such goods within fortyeight hours of their detention. 4 the customs officer shall release the goods, and they shall not longer be treated as prohibited goods, if the person who gave notice under subsection 1 does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention. 1. subs. by act 27 of , s. 34, for section 53 w.e.f.

section 58. of the copyright act : all infringing copies of any work in which copyright subsists, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in respect of the conversion thereof: provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves a that he was not aware and had no reasonable ground to believe that copyright subsisted in the work of which such copies are alleged to be infringing copies or b that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.

section 55. of the copyright act : 1 where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this act, be entitled to all such remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for the infringement of a right: provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable. 2 where, in the case of a literary, dramatic, musical or artistic work, 1or, subject to the provisions of subsection 3 of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, as the case may be, of that work, appears on copies of the work as published, or, in the case of an artistic work, appeared on the work when it was made, the person whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be. 3 the costs of all parties in any proceedings in respect of the infringement of copyright shall be in the discretion of the court. 1. subs. by act 27 of , s. 35, for a name purporting to be that of the author or the publisher, as the case may be, appear w.e.f. .

section 57. of the copyright act : 11 independently of the authors copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right a to claim authorship of the work and b to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work 2 if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation: provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause aa of subsection 1 of section 52 applies. explanation. failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section. 2 the right conferred upon an author of a work by subsection 1, 3, may be exercised by the legal representatives of the author. 1 . subs. by act 38 of , s. 20, for subsection 1 w.e.f. 2. the words which is done before the expiration of the term of copyright omitted by act 27 0f , s. 36 w.e.f. 3. the words other than the right to claim authorship of the work omitted by act 27 of , s. 36 w.e.f. .

section 56. of the copyright act : subject to the provisions of this act, where the several rights comprising the copyright in any work are owned by different persons, the owner of any such right shall, to the extent of that right, be entitled to the remedies provided by this act and may individually enforce such right by means of any suit, action or other proceeding without making the owner of any other right a party to such suit, action or proceeding.

section 63. of the copyright act : any person who knowingly infringes or abets the infringement of a the copyright in a work, or b any other right conferred by this act 1except the right conferred by section 53a, 2shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that 1where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees. explanation. construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section. 1. ins. by act 38 of , s. 21 w.e.f. . 2. subs. by act 65 of , s. 5, for shall be punishable with imprisonment which may extend to one year, or with fine, or with both w.e.f.

section 59. of the copyright act : 1 notwithstanding anything contained in 1the specific relief act, 47 of , where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been commenced, the owner of the copyright shall not be entitled to obtain an injunction to restrain the construction of such building or structure or to order its demolition. 2 nothing in section 58 shall apply in respect of the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work. 1. subs. by act 23 of , s. 21, for the specific relief act, 1 of w.e.f. .

section 60. of the copyright act : where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright any person aggrieved thereby may, notwithstanding anything contained 1in section 34 of the specific relief act, 47 of , institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit a obtain an injunction against the continuance of such threats and b recover such damages, if any, as he has sustained by reason of such threats: provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him. 1 . subs. by s. 22, ibid., for in section 42 the specific relief act, 1 of w.e.f. .

section 61. of the copyright act : 1 in every civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee, the owner of the copyright shall, unless the court otherwise directs, be made a defendant and where such owner is made a defendant, he shall have the right to dispute the claim of the exclusive licensee. 2 where any civil suit or other proceeding regarding infringement of copyright instituted by an exclusive licensee is successful, no fresh suit or other proceeding in respect of the same cause of action shall lie at the instance of the owner of the copyright.

section 64. of the copyright act : 11 any police officer, not below the rank of a subinspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in any work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all the plates used for the purposes of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate. 2 any person having an interest in any copies of a work 2, or plates seized under subsection 1 may, within fifteen days of such seizure, make an application to the magistrate for such copies 2, or plates being restored to him and the magistrate, after hearing the applicant and the complainant and making such further inquiry as may be necessary, shall make such order on the application as he may deem fit. 1. subs. by act 65 of , s. 7, for subsection 1 w.e.f. . 2. ins. by act 65 of , s. 7 w.e.f. .

section 62. of the copyright act : 1 every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction. 2 for the purpose of subsection 1, a district court having jurisdiction shall, notwithstanding anything contained in the code of civil procedure, 5 of or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

section 63b. of the copyright act : 163b. knowing use of infringing copy of computer programme to be an offence. any person who knowingly makes use on a computer of an infringing copy of a computer programme shall be punishable with imprisonment for a term which shall not be less than seven days but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that where the computer programme has not been used for gain or in the course of trade or business, the court may, for adequate and special reasons to be mentioned in the judgment, not impose any sentence of imprisonment and may impose a fine which may extend to fifty thousand rupees. 1. ins. by s. 23, ibid. w.e.f. .

section 63a. of the copyright act : 163a. enhanced penalty on second and subsequent convictions. whoever having already been convicted of an offence under section 63 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that 2where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of the copyright amendment act, 65 of . 1 ins. by act 65 of , s. 6 w.e.f. . 2 ins. by act 38 of , s. 22 w.e.f.

section 65. of the copyright act : any person who knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists shall be punishable with imprisonment which may extend to 1two years and shall also be liable to fine. 1. subs. by s. 8, ibid., for one year, or with fine, or with both w.e.f. .

section 65a. of the copyright act : 1 65a. protection of technological measures. 1 any person who circumvents an effective technological measures applied for the purpose of protecting any of the rights conferred by this act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine. 2 nothing in subsection 1 shall prevent any person from, a doing anything referred to therein for a purpose not expressly prohibited by this act: provided that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated or b doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy or c conducting any lawful investigation or d doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner or e operator or f doing anything necessary to circumvent technological measures intended for identification or surveillance of a user or g taking measures necessary in the interest of national security. 1 . ins. by act 27 of , s. 37 w.e.f.

section 65b. of the copyright act : 165b. protection of rights management information. any person, who knowingly, i removes or alters any rights management information without authority, or ii distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: provided that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under chapter xii against the persons indulging in such acts. 1. ins. by act 27 of , s. 37 w.e.f. .

section 66. of the copyright act : the court trying any offence under this act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright 1or may make such order as it may deem fit regarding the disposal of such copies of plates. 1. ins. by s. 38, ibid. w.e.f. .

section 68. of the copyright act : any person who, a with a view to deceiving any authority or officer in the execution of the provisions of this act, or b with a view to procuring or influencing the doing or omission of anything in relation to this act or any matter thereunder, makes a false statement or representation knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

section 67., for producing or tendering false entries. of the copyright act : any person who, a makes or causes to be made a false entry in the register of copyrights kept under this act, or b makes or causes to be made a writing falsely purporting to be a copy of any entry in such register, or c produces or tenders or causes to be produced or tendered as evidence any such entry or writing, knowing the same to be false, shall be punishable with imprisonment which may extend to one year, or with fine, or with both.

section 68a. of the copyright act : 168a. penalty for contravention of section 52a. any person who publishes a 2sound recording or a video film in contravention of the provisions of section 52a shall be punishable with imprisonment which may extend to three years and shall also be liable to fine. 1. ins. by act 65 of , s. 9 w.e.f. . 2. subs. by act 38 of , s. 2, for record w.e.f.

section 72. of the copyright act : 172. appeals against orders of registrar of copyrights.1 any person aggrieved by any final decision or order of the registrar of copyrights may, within three months from the date of the order or decision, appeal to the high court. 2 every such appeal shall be heard by a single judge of the high court: provided that any such judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a bench of the high court. 3 where an appeal is heard by a single judge, a further appeal shall lie to a bench of the high court within three months from the date of decision or order of the single judge. 4 in calculating the period of three months provided for an appeal under this section, the time taken in granting a certified copy of the order or record of the decision appealed against shall be excluded. 1. subs. by act 33 of , s. 10, for section 72 w.e.f. .

section 74.registrar of copyrights and appellate board to possess certain powers of civil courts of the copyright act : 74. registrar of copyrights and 1appellate board to possess certain powers of civil courts.the registrar of copyrights 2 shall have the powers of a civil court when trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely, a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e requisitioning any public record or copy thereof from any court or office f any other matter which may be prescribed. explanation.for the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the registrar of copyrights or the 1appellate board, as the case may be, shall be the limits of the territory of india. 1. subs. by act 7 of , s.160, for copyright board w.e.f. . 2. the words and the appellate board omitted by act 33 of , s. 10 w.e.f. .

section 69. of the copyright act : 1 where any offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section a company means any body corporate and includes a firm or other association of persons and b director in relation to a firm means a partner in the firm

section 70. of the copyright act : no court inferior to that of 1a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act. 1. subs. by act 23 of , s. 22, for a presidency magistrate or a magistrate of the first class w.e.f. .

section 71. of the copyright act : any person aggrieved by an order made under subsection 2 of section 64 or section 66 may, within thirty days of the date of such order appeal to the court to which appeals from the court making the order ordinarily lie, and such appellate court may direct that execution of the order be stayed pending disposal of the appeal.

section 73. of the copyright act : the high court may make rules consistent with this act as to the procedure to be followed in respect of appeals made to it under section 72.

section 79. of the copyright act : 1 the indian copyright act, 3 of , and the copyright act of passed by the parliament of the united kingdom as modified in its application to india by the indian copyright act, 3 of , are hereby repealed. 2 where any person has, before the commencement of this act, taken any action whereby he has incurred any expenditure or liabilities in connection with the reproduction or performance of any work in a manner which at the time was lawful or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the coming into force of this act, have been lawful, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who, by virtue of this act, becomes entitled to restrain such reproduction or performance, agrees to pay such compensation as, failing agreement, may be determined by the 1appellate board. 3 copyright shall not subsist by virtue of this act in any work in which copyright did not subsist immediately before the commencement of this act under any act repealed by subsection 1. 4 where copyright subsisted in any work immediately before the commencement of this act, the rights comprising such copyright shall, as from the date of such commencement, be the rights specified in section 14 in relation to the class of works to which such work belongs, and where any new rights are conferred by that section, the owner of such rights shall be a in any case where copyright in the work was wholly assigned before the commencement of this act, the assignee or his successorininterest b in any other case, the person who was the first owner of the copyright in the work under any act repealed by subsection 1 or his legal representatives. 5 except as otherwise provided in this act, where any person is entitled immediately before the commencement of this act to copyright in any work or any right in such copyright or to an interest in any such right, he shall continue to be entitled to such right or interest for the period for which he would have been entitled thereto if this act has not come into force. 6 nothing contained in this act shall be deemed to render any act done before its commencement an infringement of copyright if that act would not otherwise have constituted such an infringement. 7 save as otherwise provided in this section, nothing in this section shall be deemed to affect the application of the general clauses act, 10 of , with respect to the effect of repeals. 1. subs. by act 7 of , s.160, for copyright board w.e.f. .

section 78. of the copyright act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely: 1 b the form of complaints and applications to be made, and the licences to be granted, under this act c the procedure to be followed in connection with any proceeding before the registrar of copyrights 2ca the form and manner in which an organisation may apply to the 3appellate board for compulsory licence for disabled and the fee which may accompany such application under subsection 31b cb the manner in which a person making sound recording may give prior notice of his intention to make sound recording under subsection 2 of section 31c cc the register and books of account and the details of existing stock which a person making sound recording may maintain under subsection 5 of section 31c cd the manner in which prior notice may be given by a broadcasting organisation under subsection 2 of section 31d ce the reports and accounts which may be maintained under clause a, and the inspection of records and books of account which may be made under clause b or subsection 7 of section 31d 1ca the conditions for submission of application under subsection 2 of section 33 cb the conditions subject to which a copyright society may be registered under subsection 3 of section 33 cc the inquiry for cancellation of registration under subsection 4 of section 33 5cca the manner in which a copyright society may publish its tariff scheme under subsection 1 of section 33a ccb the fee which is to be paid before filing an appeal to the 3 appellate board under subsection 2 of section 33a ccc the form of application for renewal of registration of a copyright society and the fee which may accompany such application under subsection 3a of section 33 cd the conditions subject to which the copyright society may accept authorisation under clause a of subsection 1 of section 34 and the conditions subject to which owners or rights have right to withdraw such authorisation under clause d of that subsection ce the conditions subject to which a copyright society may issue licences, collect fees and distribute such fees amongst owners of rights under subsection 3 of section 34 cf the manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under subsection 1 of section 35 cg the returns to be filed by copyright societies to the registrar of copyrights under subsection 1 of section 36 d the manners of determining any royalties payable under this act, and the security to be taken for the payment of such royalties 5da the manner of payment of royalty under clause j of subsection 1 of section 52 6 e the form of register of copyrights to be kept under this act and the particulars to be entered therein f the matters in respect of which the registrar of copyrights and the 3 appellate board shall have powers of a civil court g the fees which may be payable under this act h the regulation of business of the copyright office and of all things by this act placed under the direction or control of the registrar of copyrights. 73 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. clause a omitted by act 7 of , s. 160 w.e.f. . 2. ins. by act 27 of , s. 39 w.e.f. . 3. subs. by act 7 of , s.160, for copyright board w.e.f. . 4. ins. by act 38 of , s. 24 w.e.f. . 5. subs. by act 38 of , s. 24, for subclause da w.e.f. . 6. omitted by act 27 of , s. 38 w.e.f. . 7. subs. by act 23 of , s. 23, for subsection 3 w.e.f. .

section 75.orders for payment of money passed by registrar of copyrights and appellate board to be executable as a decree of the copyright act : 75. orders for payment of money passed by registrar of copyrights and 1appellate board to be executable as a decree.every order made by the registrar of copyrights or the 1appellate board under this act for the payment of any money or by the high court in any appeal against any such order of the 1appellate board shall, on a certificate issued by the registrar of copyrights, the 1appellate board or the registrar of the high court, as the case may be, be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court. 1. subs. by act 7 of , s.160, for copyright board w.e.f. .

section 76. of the copyright act : no suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 77. of the copyright act : every officer appointed under this act 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. the words and every member of the appellate board omitted by s. 10, ibid. w.e.f. .

section 4. of the kazis act : nothing herein contained, and no appointment made hereunder, shall be deemed a to confer any judicial or administrative powers on any kazi or naib kazi appointed hereunder or b to render the presence of a kazi or naib kazi necessary at the celebration of any marriage or the performance of any rite or ceremony or c to prevent any person discharging any of the functions of a kazi.

section 3. of the kazis act : any kazi appointed under this act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed. when any kazi is suspended or removed under section 2, his naib or naibs if any shall be deemed to be suspended or removed, as the case may be.

section 2. of the kazis act : wherever it appears to the state government that any considerable number of the muhammadans resident in any local area desire that one or more kazis should be appointed for such local area, the state government may, if it thinks fit, after consulting the principal muhammadan residents of such local area, select one or more fit persons and appoint him or them to be kazis for such local area. if any question arises whether any person has been rightly appointed kazi under this section, the decision thereof by the state government shall be conclusive. the state government may, if it thinks fit, suspend or remove any kazi appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the state government unfit, or personally incapable, to discharge the duties of the office.

section 1. of the kazis act : this act may be called the kazis act, 1 local extentit extends, in the first instance, only to the territories administered by the governor of fort saint george in council. 2but the government of any other state may, from time to time, by notification in the official gazette, extend it to the whole or any part of the territories under its administration.3 1. the words and it shall come into force at once omitted by act 10 of , s. 3 and the second schedule. 2. subs. by act 3 of , s. 3 and the schedule, for but the government of any other part a state or the government of a part c state. 3. the act has been extended to certain places in the bombay presidency, west bengal, the u.p., the punjab, the c.p. and assam.

section 7. of the employees state insurance act : 17. authentication of orders, decisions, etc.all orders and decisions of the corporation shall be authenticated by the signature of the director general of the corporation and all other instruments issued by the corporation shall be authenticated by the signature of the director general or such other officer of the corporation as may be authorised by him. 1. subs. by act 44 of , s. 6, for section 7 w.e.f. .

section 1. of the employees state insurance act : show related subordinates 1 this act may be called the employees state insurance act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date or dates2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and 3for different states or for different parts thereof. 4 it shall apply, in the first instance, to all factories including factories belonging to the government other than seasonal factories: 4provided that nothing contained in this subsection shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act. 5 the appropriate government may, in consultation with the corporation and 5where the appropriate government is a state government, with the approval of the central government, after giving 6one months notice of its intention of so doing by notification in the official gazette, extend the provisions of this act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise: 7provided that where the provisions of this act have been brought into force in any part of a state, the said provisions shall stand extended to any such establishment or class of establishments within that part if the provisions have already been extended to similar establishment or class of establishments in another part of that state. 46 a factory or an establishment to which this act applies shall continue to be governed by this act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this act or the manufacturing process therein ceases to be carried on with the aid of power. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 2. for dates see annexure. 3. subs. by act 53 of , s. 2, for for different states w.e.f. . 4. ins. by act 29 of , s. 2 w.e.f. . 5. subs. by act 53 of , s. 2, for with the approval of the central government w.e.f. . 6. subs. by act 18 of , s. 2, for six months w.e.f. . 7. ins. by act 29 of , s. 2 w.e.f. .

section 2. of the employees state insurance act : in this act, unless there is anything repugnant in the subject or context, 1 appropriate government means, in respect of establishments under the control of the central government or 1a railway administration or a major port or a mine or oilfield, the central government, and in all other cases, the state government 2 3 confinement means labour resulting in the issue of a living child or labour after twentysix weeks of pregnancy resulting in the issue of a child whether alive or dead 4 contribution means the sum of money payable to the corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this act 3 6 corporation means the employees state insurance corporation set up under this act 46a dependant means any of the following relatives of a deceased insured person, namely: 5i a widow, a legitimate or adopted son who has not attained the age of twentyfive years, an unmarried legitimate or adopted daughter, 6ia a widowed, mother ii if wholly dependent on the earnings of the insured person at the time of his death, a legitimate or adopted son or daughter who has attained the age of 7twentyfive years and is infirm iii if wholly or in part dependent on the earnings of the insured person at the time of his death, a a parent other than a widowed mother, b a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or adopted or illegitimate if married and a minor or if widowed and a minor, c a minor brother or an unmarried sister or a widowed sister if a minor, d a widowed daughterinlaw, e a minor child of a predeceased son, f a minor child of a predeceased daughter where no parent of the child is alive, or g a paternal grandparent if no parent of the insured person is alive 7 duly appointed means appointed in accordance with the provisions of this act or with the rules or regulations made thereunder 88 employment injury means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment, being an insurable employment, whether the accident occurs or the occupational disease is contracted within or outside the territorial limits of india 9 employee means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and i who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere or ii who is employed by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the factory or establishment or which is preliminary to the work carried on in or incidental to the purpose of the factory or establishment or iii whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service 9and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of the products of, the factory or establishment 10or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 52 of , or 11and includes such person engaged as apprentice whose training period is extended to any length of time but does not include a any member of 12the indian naval, military or air forces or 13b any person so employed whose wages excluding remuneration for overtime work exceed 14such wages as may be prescribed by the central government a month: provided that an employee whose wages excluding remuneration for overtime work exceed 14such wages as may be prescribed by the central government at any time after and not before the beginning of the contribution period, shall continue to be an employee until the end of that period 10 exempted employee means an employee who is not liable under this act to pay the employees contribution 1511 family means all or any of the following relatives of an insured person, namely: i a spouse ii a minor legitimate or adopted child dependent upon the insured person iii a child who is wholly dependent on the earnings of the insured person and who is a receiving education, till he or she attains the age of twentyone years, b an unmarried daughter iv a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues 16v dependant parents, whose income from all sources does not exceed such income as may be prescribed by the central government vi in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person 1712 factory means any premises including the precincts thereof whereon ten or more persons are employed or were employed on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, but does not include a mine subject to the operation of the mines act, 35 of or a railway running shed 13 immediate employer, in relation to employees employed by or through him, means a person who has undertaken the execution, on the premises of a factory or an establishment to which this act applies or under the supervision of the principal employer or his agent, of the whole, or any part of any work which is ordinarily part of the work of the factory or establishment of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such factory or establishment, and includes a person by whom the services of an employee who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer 18and includes a contractor 1913a insurable employment means an employment in a factory or establishment to which this act applies 14 insured person means a person who is or was an employee in respect of whom contributions are or were payable under this act and who is by reason thereof, entitled to any of the benefits provided by this act 1914a managing agent means any person appointed or acting as the representative of another person for the purpose of carrying on such other persons trade or business, but does not include an individual manager subordinate to an employer 2014aa manufacturing process shall have the meaning assigned to it in the factories act, 63 of 14b miscarriage means expulsion of the contents of a pregnant uterus at any period prior to or during the twentysixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the indian penal code 45 of 15 occupier of the factory shall have the meaning assigned to it in the factories act, 21 63 of 1915a permanent partial disablement means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was capable of undertaking at the time of the accident resulting in the disablement: provided that every injury specified in part ii of the second schedule shall be deemed to result in permanent partial disablement 15b permanent total disablement means such disablement of a permanent nature as incapacitates an employee for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall be deemed to result from every injury specified in part i of the second schedule or from any combination of injuries specified in part ii thereof where the aggregate percentage of the loss of earning capacity, as specified in the said part ii against those injuries, amounts to one hundred per cent. or more 2015c power shall have the meaning assigned to it in the factories act, 53 of 16 prescribed means prescribed by rules made under this act: 17 principal employer means i in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under 22the factories act, 63 of , the person so named ii in any establishment under the control of any department of any government in india, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the department iii in any other establishment, any person responsible for the supervision and control of the establishment 18 regulation means a regulation made by the corporation 19 schedule means a schedule to this act 2319a seasonal factory means a factory which is exclusively engaged in one or more of the following manufacturing processes, namely, cotton ginning, cotton or jute pressing, decortication of groundnuts, the manufacture of coffee, indigo, lac, rubber, sugar including gur or tea or any manufacturing process which is incidental to or connected with any of the aforesaid processes and includes a factory which is engaged for a period not exceeding seven months in a year a in any process of blending, packing or repacking of tea or coffee or b in such other manufacturing process as the central government may, by notification in the official gazette, specify 20 sickness means a condition which requires medical treatment and attendance and necessitates abstention from work on medical grounds 21 temporary disablement means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of 24doing the work which he was doing prior to or at the time of the injury 22 wages means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes 25any payment to an employee in respect of any period of authorised leave, lockout, strike which is not illegal or layoff and other additional remuneration, if any, 26paid at intervals not exceeding two months, but does not include a any contribution paid by the employer to any pension fund or provident fund, or under this act b any travelling allowance or the value of any travelling concession c any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment or d any gratuity payable on discharge 2723 wage period in relation to an employee means the period in respect of which wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise 2824 all other words and expressions used but not defined in this act and defined in the industrial disputes act, 14 of , shall have the meanings respectively assigned to them in that act. 1. subs. by the a.o. , for a federal railway. 2. omitted by act 29 of , s. 3 w.e.f. . 3. omitted by s. 3, ibid. w.e.f. . 4. ins. by act 44 of , s. 2 w.e.f. . 5. subs. by act 18 of , s. 3, for subclause i w.e.f. . 6. ins. by act 29 of , s. 3 w.e.f. . 7. subs. by act 18 of , s. 3, for eighteen years w.e.f. . 8. subs. by act 44 of , s. 2, for clause 8 w.e.f. . 9. subs. by act 44 of , s. 2, for but does not include w.e.f. . 10. subs. by act 29 of , s. 3, for but does not include w.e.f. . 11. subs. by act 18 of , s. 3, for or under the standing orders of the establishment w.e.f. . 12. subs. by the a.o. , for his majestys. 13. subs. by act 44 of , s. 2, for subclause b w.e.f. . 14. subs. by act 29 of , s. 3, for one thousand and six hundred rupees a month w.e.f. . 15. subs. by s. 3, ibid., for clauses 11 and 12 w.e.f. . 16. subs. by act 18 of , s. 3, for subclause v w.e.f. . 17. subs. by act 18 of , s. 3, for clause 12 w.e.f. . 18. added by act 29 of s. 3 w.e.f. . 19. ins. by act 44 of , s. 2 w.e.f. 20. ins. by act 29 of , s. 3 w.e.f. . 21. subs. by act 53 of , s. 3, for w.e.f. . 22. subs. by act 53 of , s. 3, for clause e of subsection 1 of section 9 of the factories act, w.e.f. . 23. ins. by act 29 of , s. 3 w.e.f. . 24. subs. by act 44 of , s. 2, for work w.e.f. . 25. ins. by s. 2, ibid. w.e.f. . 26. subs. by act 53 of , s. 3, for paid at regular intervals after the last day of the wage period w.e.f. . 27. subs. by act 45 of , s. 2, for clause 23 w.e.f. . 28. subs. by act 44 of , s. 2, for clause 24 w.e.f. .

section 6. of the employees state insurance act : an outgoing member of the corporation, the standing committee, or the medical benefit council shall be eligible for 1reappointment or reelection as the case may be. 1. subs. by s. 4, ibid., for renomination w.e.f. .

section 3. of the employees state insurance act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the administration of the scheme of employees state insurance in accordance with the provisions of this act a corporation to be known as the employees state insurance corporation. 2 the corporation shall be a body corporate by the name of employees state insurance corporation having perpetual succession and a common seal and shall by the said name sue and be sued.

section 9. of the employees state insurance act : 1 save as otherwise expressly provided in this act, the term of office of a member of the standing committee, other than a member referred to in clause a or 1clause b or clause bb of section 8, shall be two years from the date on which his election is notified: provided that a member of the standing committee shall, notwithstanding the expiry of the said period of two years, continue to hold office until the election of his successor is notified: provided further that a member of the standing committee shall cease to hold office when he ceases to be a member of the corporation. 2 a member of the standing committee referred to in clause a or 2clause b or clause bb of section 8 shall hold office during the pleasure of the central government. 1. subs. by act 53 of , s. 6, for clause b w.e.f. . 2. subs. by act 53 of , s. 6, for clause b w.e.f. .

section 10. of the employees state insurance act : 1 the central government shall constitute a medical benefit council consisting of 1a the director general, the employees state insurance corporation, ex officio as chairman b a directorgeneral, health services, ex officio, as cochairman c the medical commissioner of the corporation, ex officio d one member each representing each of the 2 3states other than union territories in which this act is in force to be 4appointed by the state government concerned e three members representing employers to be 4appointed by the central government in consultation with such organisations of employers as may be recognised for the purpose by the central government f three members representing employees to be 4appointed by the central government in consultation with such organisations of employees as may be recognised for the purpose by the central government and g three members, of whom not less than one shall be a woman, representing the medical profession, to be 4appointed by the central government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government. 2 save as otherwise expressly provided in this act, the term of office of a member of the medical benefit council, other than a member referred to in any of the clauses a to d of subsection 1, shall be four years from the date on which his 5appointment is notified: 6provided that a member of the medical benefit council shall, notwithstanding the expiry of the said period of four years continue to hold office until the 5appointment of his successor is notified. 3 a member of the medical benefit council referred to in clauses b and d of subsection 1 shall hold office during the pleasure of the government 7appointing him. 1. subs. by act 18 of , s. 4, for subclauses a and b w.e.f. . 2. subs. by act 53 of , s. 7, for part a states w.e.f. . 3. subs. by the a.o. no. 3 , for part a states or part b states. 4. subs. by act 29 of , s. 4, for nominated w.e.f. . 5. subs. by s. 4, ibid., for nomination w.e.f. . 6. added by act 44 of , s. 8 w.e.f. . 7. subs. by act 29 of , s. 4, for nominating w.e.f. .

section 2a. of the employees state insurance act : 12a. registration of factories and establishments.every factory or establishment to which this act applies shall be registered within such time and in such manner as may be specified in the regulations made in this behalf. 1. ins. by s. 3, ibid. w.e.f. .

section 4. of the employees state insurance act : the corporation shall consist of the following members, namely: 1a a chairman to be 2appointed by the central government b a vicechairman to be 2appointed by the central government c not more than five persons to be 2appointed by the central government 3 d one person each representing each of the 4 5states in which this act is in force to be 2appointed by the state government concerned e one person to be 2appointed by the central government to represent the 6union territories f 7ten persons representing employers to be 2appointed by the central government in consultation with such organisations of employers as may be recognised for the purpose by the central government g 7ten persons representing employees to be 2appointed by the central government in consultation with such organisations of employees as may be recognised for the purpose by the central government h two persons representing the medical profession to be 2appointed by the central government in consultation with such organisations of medical practitioners as may be recognised for the purpose by the central government 8 9i three members of parliament of whom two shall be members of the house of the people lok sabha and one shall be a member of the council of states rajya sabha elected respectively by the members of the house of the people and the members of the council of states and j the director general of the corporation, ex officio. 1. subs. by s. 4, ibid., for clauses a and b w.e.f. . 2. subs. by act 29 of , s. 4, for nominated w.e.f. . 3. the words of whom at least three shall be officials of the central government omitted by act 44 of , s. 4 w.e.f. . 4. subs. by act 53 of , s. 4, for part a states w.e.f. . 5. subs. by the a.o. no. 3 , for part a states and b states. 6. subs., ibid. for part c states. 7. subs. by act 29 of , s. 5, for five w.e.f. . 8. the word and omitted by act 44 of , s. 4 w.e.f. . 9. subs. by s. 4, ibid., for clause i w.e.f. .

section 5. of the employees state insurance act : 1 save as otherwise expressly provided in this act, the term of office of members of the corporation, other than 1the members referred to in clauses a, b, c, d and e of section 4 and the ex officio member, shall be four years commencing from the date on which their 2appointment or election is notified: provided that a member of the corporation shall, notwithstanding the expiry of the said period of four years, continue to hold office until the 2appointment or election of his successor is notified. 2 the members of the corporation referred to in clauses 3a, b, c, d and e of section 4 shall hold office during the pleasure of the government 4appointing them. 1. subs. by act 44 of , s. 5, for certain words w.e.f. . 2. subs. by act 29 of , s. 4, for nomination w.e.f. . 3. subs. by act 44 of , s. 5, for c, d and e w.e.f. . 4. subs. by act 29 of , s. 4, for nominating w.e.f. .

section 12. of the employees state insurance act : 21 a member of the corporation, the standing committee or the medical benefit council shall cease to be a member of that body if he fails to attend three consecutive meetings thereof: provided that the corporation, the standing committee or the medical benefit council, as the case may be, may, subject to rules made by the central government in this behalf, restore him to membership. 32 where in the opinion of the central government any person 1appointed or elected to represent employers, employees or the medical profession on the corporation, the standing committee or the medical benefit council, as the case may be, has ceased to represent such employers, employees or the medical profession, the central government may, by notification in the official gazette, declare that with effect from such date as may be specified therein such person shall cease to be a member of the corporation, the standing committee or the medical benefit council, as the case may be. 43 a person referred to in clause i of section 4 shall cease to be a member on becoming a minister or speaker or deputy speaker of the house of the people or deputy chairman of the council of states or when he ceases to be a member of parliament. 1. subs. by act 29 of , s. 4, for nominated w.e.f. . 2. section 12 renumbered as subsection 1 thereof by act 53 of , s. 8 w.e.f. . 3. ins. by s. 8, ibid. w.e.f. . 4. subs. by act 18 of , s. 5, for subsection 3 w.e.f. .

section 8. of the employees state insurance act : a standing committee of the corporation shall be constituted from among its members, consisting of a a chairman, 1appointed by the central government b three members of the corporation, 2 1appointed by the central government 3bb three members of the corporation representing such three state governments thereon as the central government may, by notification in the official gazette, specify from time to time c 4eight members elected by the corporation as follows: 5 ii 6three members from among the members of the corporation representing employers iii 6three members from among the members of the corporation representing employees iv one member from among the members of the corporation representing the medical profession and v one member from among the members of the corporation elected by 7parliament 8d the director general of the corporation, ex officio. 1. subs. by act 29 of , s. 4, for nominated w.e.f. . 2. subs. by act 44 of , s. 7, for certain words w.e.f. . 3. ins. by act 53 of , s. 5 w.e.f. . 4. subs. by act 44 of , s. 7, for six w.e.f. . 5. omitted by act 53 of , s. 5 w.e.f. . 6. subs. by act 44 of , s. 7, for two w.e.f. . 7. subs. by the a.o. , for the central legislature. 8. ins. by act 44 of , s. 7 w.e.f. .

section 11. of the employees state insurance act : a member of the corporation, the standing committee or the medical benefit council may resign his office by notice in writing to the central government and his seat shall fall vacant on the acceptance of the resignation by that government.

section 13. of the employees state insurance act : a person shall be disqualified for being chosen as or for being a member of the corporation, the standing committee or the medical benefit council a if he is declared to be of unsound mind by a competent court or b if he is an undischarged insolvent or c if he has directly or indirectly by himself or by his partner any interest in a subsisting contract with, or any work being done for, the corporation except as a medical practitioner or as a shareholder not being a director of a company or d if before or after the commencement of this act, he has been convicted of an offence involving moral turpitude.

section 14. of the employees state insurance act : 1 vacancies in the office of 1appointed or elected members of the corporation, the standing committee and the medical benefit council shall be filled by 2appointment or election, as the case may be. 2 a member of the corporation, the standing committee or the medical benefit council 1appointed or elected to fill a casual vacancy shall hold office only so long as the member in whose place he is 1appointed or elected would have been entitled to hold office if the vacancy had not occurred. 1. subs. by act 29 of , s. 4, for nominated w.e.f. . 2. subs. by s. 4, ibid., for nomination w.e.f. .

section 15. of the employees state insurance act : members of the corporation, the standing committee and the medical benefit council shall receive such fees and allowances as may from time to time be prescribed by the central government.

section 20. of the employees state insurance act : subject to any rules made under this act, the corporation, the standing committee and the medical benefit council shall meet at such times and places and shall observe such rules or procedure in regard to transaction of business at their meetings as may be specified in the regulations made in this behalf.

section 21. of the employees state insurance act : 1 if in the opinion of the central government, the corporation or the standing committee persistently makes default in performing the duties imposed on it by or under this act or abuses its powers, that government may, by notification in the official gazette, supersede the corporation, or in the case of the standing committee, supersede, in consultation with the corporation, the standing committee: provided that before issuing a notification under this subsection the central government shall give a reasonable opportunity to the corporation or the standing committee, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the corporation or the standing committee, as the case may be. 2 upon the publication of a notification under subsection 1 superseding the corporation or the standing committee, all the members of the corporation or the standing committee, as the case may be, shall, as from the date of such publication, be deemed to have vacated their offices. 3 when the standing committee has been superseded, a new standing committee shall be immediately constituted in accordance with section 8. 4 when the corporation has been superseded, the central government may a immediately 1appoint or cause to be 2appointed new members to the corporation in accordance with section 4 and may constitute a new standing committee under section 8 b in its discretion, appoint such agency, for such period as it may think fit, to exercise the powers and perform the functions of the corporation and such agency shall be competent to exercise all the powers and perform all the functions of the corporation. 5 the central government shall cause a full report of any action taken under this section and the circumstances leading to such action to be laid before 3parliament at the earliest opportunity and in any case not later than three months from the date of the notification superseding the corporation or the standing committee, as the case may be. 1. subs. by act 29 of , s. 4, nominate w.e.f. . 2. subs. by s. 4, ibid., nominated w.e.f. . 3. subs. by a.o. , for the central legislature.

section 22. of the employees state insurance act : the medical benefit council shall a advise 1the corporation and the standing committee on matters relating to the administration of medical benefit, the certification for purposes of the grant of benefits and other connected matters b have such powers and duties of investigation as may be prescribed in relation to complaints against medical practitioners in connection with medical treatment and attendance and c perform such other duties in connection with medical treatment and attendance as may be specified in the regulations. 1. subs. by act 53 of , s. 9, for the corporation, the standing committee and the medical commissioner w.e.f. .

section 16. of the employees state insurance act : 11 the central government may, in consultation with the corporation, appoint a director general and a financial commissioner. 2 the director general shall be the chief executive officer of the corporation. 3 2the director general and the financial commissioner shall be wholetime officers of the corporation and shall not undertake any work unconnected with their office without the sanction of the central government 3and of the corporation. 4 2the director general or the financial commissioner shall hold office for such period, not exceeding five years, as may be specified in the order appointing him. an outgoing 5 the director general or financial commissioner shall be eligible for reappointment if he is otherwise qualified. 5 2the director general or the financial commissioner shall receive such salary and allowances as may be prescribed by the central government. 6 a person shall be disqualified from being appointed as or for being 2the director general or the financial commissioner if he is subject to any of the disqualifications specified in section 13. 7 the central government may at any time remove 2the director general or the financial commissioner from office and shall do so if such removal is recommended by a resolution of the corporation passed at a special meeting called for the purpose and supported by the votes of not less than twothirds of the total strength of the corporation. 1. subs. by s. 6, ibid., for subsection 1 w.e.f. . 2. subs. by s. 6, ibid., for the principal officers w.e.f. . 3. ins. by act 44 of , s. 10 w.e.f. .

section 19., of insured persons. of the employees state insurance act : the corporation may, in addition to the scheme of benefits specified in this act, promote measures for the improvement of the health and welfare of insured persons and for the rehabilitation and reemployment of insured persons who have been disabled or injured and may incur in respect of such measures expenditure from the funds of the corporation within such limits as may be prescribed by the central government.

section 18. of the employees state insurance act : 1 subject to the general superintendence and control of the corporation, the standing committee shall administer the affairs of the corporation and may exercise any of the powers and perform any of the functions of the corporation. 2 the standing committee shall submit for the consideration and decision of the corporation all such cases and matters as may be specified in the regulations made in this behalf. 3 the standing committee may, in its discretion, submit any other case or matter for the decision of the corporation.

section 17. of the employees state insurance act : 1 the corporation may employ such other staff of officers and servants as may be necessary for the efficient transaction of its business provided that the sanction of the central government shall be obtained for the creation of any post 1the maximum monthly salary of which 2exceeds such salary as may be prescribed by the central government. 32 a the method of recruitment, salary and allowances, discipline and other conditions of service of the members of the staff of the corporation shall be such as may be specified in the regulations made by the corporation in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay: provided that where the corporation is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government: 4provided further that this subsection shall not apply to appointment of consultants and specialists in various fields appointed on contract basis. b in determining the corresponding scales of pay of the members of the staff under clause a, the corporation shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the corporation shall refer the matter to the central government whose decision thereon shall be final. 3 every appointment to 5posts 6other than medical posts corresponding to 7group a and group b posts under the central government shall be made in consultation with the 8union public service commission: provided that this subsection shall not apply to an officiating or temporary appointment for 9a period not exceeding one year: 10provided further that any such officiating or temporary appointment shall not confer any claim for regular appointment and the services rendered in that capacity shall not count towards seniority or minimum qualifying service specified in the regulations for promotion to next higher grade. 114 if any question arises whether a post corresponds to a 7group a and group b post under the central government, the question shall be referred to that government whose decision thereon shall be final. 1. subs. by act 38 of , s. 3, for certain words w.e.f. . 2. subs by act 29 of , s. 7, for exceeds two thousand and two hundred fifty rupees w.e.f. . 3. subs. by s. 7, ibid., for subsection 2 w.e.f. . 4. ins. by act 18 of , s. 6 w.e.f. . 5. subs. by act 44 of , s. 11, for certain words w.e.f. . 6. ins. by act 29 of , s. 7 w.e.f. . 7. subs. by act 45 of , s. 3, for class i or class ii w.e.f. . 8. subs. by the a.o. , for federal. 9. subs. by act 29 of , s. 7, for an aggregate period w.e.f. . 10. ins. by s. 7, ibid. w.e.f. . 11. ins. by act 44 of , s. 11 w.e.f. .

section 24., not invalid by reason of defect in constitution, etc. of the employees state insurance act : no act of the corporation, the standing committee or the medical benefit council shall be deemed to be invalid by reason of any defect in the constitution of the corporation, the standing committee or the medical benefit council, or on the ground that any member thereof was not entitled to hold or continue in office by reason of any disqualification or of any irregularity in his 1appointment or election, or by reason of such act having been done during the period of any vacancy in the office of any member of the corporation, the standing committee or the medical benefit council. 1. subs. by act 39 of , s. 4, for nomination w.e.f. .

section 23. of the employees state insurance act : 23. duties of 1director general and the financial commissioner.the 1director general and the financial commissioner shall exercise such powers and discharge such duties as may be prescribed. they shall also perform such other functions as may be specified in the regulations. 1. subs. by act 29 of , s. 8, for principal officers w.e.f. .

section 25. of the employees state insurance act : the corporation may appoint regional boards, local committees and regional and local medical benefit councils in such areas and in such manner, and delegate to them such powers and functions, as may be provided by the regulations.

section 26. of the employees state insurance act : 1 all contributions paid under this act and all other moneys received on behalf of the corporation shall be paid into a fund called the employees state insurance fund which shall be held and administered by the corporation for the purposes of this act. 2 the corporation may accept grants, donations and gifts from the central or any state government, 1 local authority, or any individual or body whether incorporated or not, for all or any of the purposes of this act. 23 subject to the other provisions contained in this act and to any rules or regulations made in this behalf, all moneys accruing or payable to the said fund shall be paid into the reserve bank of india or such other bank as may be approved by the central government to the credit of an account styled the account of the employees state insurance fund. 4 such account shall be operated on by such officers as may be authorised by the standing committee with the approval of the corporation. 1. the words and letter part b state, omitted by act 53 of , s. 10 w.e.f. . 2. subs. by s. 10, ibid., for subsection 3 w.e.f. .

section 27.. of the employees state insurance act : grant by the central government. omitted by the employees state insurance amendment act, 44 of s. 12 w.e.f. 176 .

section 32. of the employees state insurance act : the corporation shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the central government before such date as may be fixed by it in that behalf. the budget shall contain provisions adequate in the opinion of the central government for the discharge of the liabilities incurred by the corporation and for the maintenance of a working balance.

section 28. of the employees state insurance act : subject to the provisions of this act and of any rules made by the central government in that behalf, the employees state insurance fund shall be expended only for the following purposes, namely: i payment of benefits and provision of medical treatment and attendance to insured persons and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this act and defraying the charges and costs in connection therewith ii payment of fees and allowances to members of the corporation, the standing committee and the medical benefit council, the regional boards, local committees and regional and local medical benefit councils iii payment of salaries, leave and joining time allowances, travelling and compensatory allowances, gratuities and compassionate allowances, pensions, contributions to provident or other benefit fund of officers and servants of the corporation and meeting the expenditure in respect of offices and other services set up for the purpose of giving effect to the provisions of this act iv establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical and other ancillary services for the benefit of insured persons and, where the medical benefit is extended to their families, their families v payment of contributions to any state government, 1 local authority or any private body or individual, towards the cost of medical treatment and attendance provided to insured persons and, where the medical benefit is extended to their families, their families, including the cost of any building and equipment, in accordance with any agreement entered into by the corporation vi defraying the cost including all expenses of auditing the accounts of the corporation and of the valuation of its assets and liabilities vii defraying the cost including all expenses of the employees insurance courts set up under this act viii payment of any sums under any contract entered into for the purposes of this act by the corporation or the standing committee or by any officer duly authorized by the corporation or the standing committee in that behalf ix payment of sums under any decree, order or award of any court or tribunal against the corporation or any of its officers or servants for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the corporation x defraying the cost and other charges of instituting or defending any civil or criminal proceedings arising out of any action taken under this act xi defraying expenditure, within the limits prescribed, on measures for the improvement of the health welfare of insured persons and for the rehabilitation and reemployment of insured persons who have been disabled or injured and xii such other purposes as may be authorized by the corporation with the previous approval of the central government. 1. the words and letter part b state omitted by act 53 of , s. 11 w.e.f. .

section 30. of the employees state insurance act : all property acquired before the establishment of the corporation shall vest in the corporation and all income derived and expenditure incurred in this behalf shall be brought into the books of the corporation.

section 28a. of the employees state insurance act : 128a. administrative expenses.the types of expenses which may be termed as administrative expenses and the percentage of the income of the corporation which may be spent for such expenses shall be such as may be prescribed by the central government and the corporation shall keep its administrative expenses within the limit so prescribed by the central government. 1. ins. by act 29 of , s. 9 w.e.f. .

section 33. of the employees state insurance act : the corporation shall maintain correct accounts of its income and expenditure in such form and in such manner as may be prescribed by the central government.

section 29. of the employees state insurance act : 1 the corporation may, subject to such conditions as may be prescribed by the central government, acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the corporation is established. 2 subject to such conditions as may be prescribed by the central government, the corporation may from time to time invest any moneys which are not immediately required for expenses properly defrayable under this act and may, subject as aforesaid, from time to time reinvest or realise such investments. 3 the corporation may, with the previous sanction of the central government and on such terms as may be prescribed by it, raise loans and take measures for discharging such loans. 4 the corporation may constitute for the benefit of its staff or any class of them, such provident or other benefit fund as it may think fit.

section 31.. of the employees state insurance act : expenditure by central government to be treated as a loan. omitted by the employees state insurance amendment act, 44 of . s. 12 w.e.f. .

section 34. of the employees state insurance act : 134. audit.1 the accounts of the corporation shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the corporation to the comptroller and auditorgeneral of india. 2 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the corporation shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has, in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the corporation. 3 the accounts of the corporation as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the corporation which shall forward the same to the central government along with its comments on the report of the comptroller and auditorgeneral. 1. subs. by act 29 of , s. 10, for section 34 w.e.f. .

section 35. of the employees state insurance act : the corporation shall submit to the central government an annual report of its work and activities.

section 39. of the employees state insurance act : 1 the contribution payable under this act in respect of an employee shall comprise contribution payable by the employer hereinafter referred to as the employers contribution and contribution payable by the employee hereinafter referred to as the employees contribution and shall be paid to the corporation. 12 the contributions shall be paid at such rates as may be prescribed by the central government: provided that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the employees state insurance amendment act, 29 of . 23 the wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this act. 4 the contributions payable in respect of each 3wage period shall ordinarily for due on the last day of the 3 wage period and where an employee is employed for part of the 3wage period or is employed under two or more employers during the same 3wage period the contribution shall fall due on such days as may be specified in the regulations. 45 a if any contribution payable under this act is not paid by the principal employer on the date on which such contribution has become due, he shall be liable to pay simple interest at the rate of twelve per cent. per annum or at such higher rate as may be specified in the regulation till the date of its actual payment: provided that higher interest specified in the regulations shall not exceed the lending rate of interest charged by any scheduled bank. b any interest recoverable under clause a may be recovered as an arrear of land revenue or under section 45c to section 45i. explanation.in this subsection, scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of . 1. subs. by act 29 of , s. 12, for subsection 2 w.e.f. . 2. subs. by act 45 of , s. 4, for subsection 3 w.e.f. . 3. subs. by s. 4, ibid., for week w.e.f. . 4. ins. by act 29 of , s. 12 w.e.f. .

section 37. of the employees state insurance act : the corporation shall, at intervals of 1three years, have a valuation of its assets and liabilities made by a valuer appointed with the approval of the central government: provided that it shall be open to the central government to direct a valuation to be made at such other times as it may consider necessary. 1. subs. by act 18 of , s. 7, for five years w.e.f. .

section 42. of the employees state insurance act : 1 no employees contribution shall be payable by or on behalf of an employee whose average daily wages 1during a wage period are below 2such wages as may be prescribed by the central government. explanation.the average daily wages of an employee shall be calculated 3in such manner as may be prescribed by the central government. 2 contribution both the employers contribution and the employees contribution shall be payable by the principal employer for each 4wage period 5in respect of the whole or part of which wages are payable to the employee and not otherwise. 6 7 1. subs. by act 45 of , s. 5, for are below one rupee and fifty paise w.e.f. . 2. subs. by act 29 of , s. 14, for six rupees w.e.f. . 3. subs. by s. 14, ibid., for in such manner specified in the first schedule w.e.f. . 4. subs. by act 45 of , s. 5, for week w.e.f. . 5. subs. by act 44 of , s. 15, for during the whole or part of which an employee is employed w.e.f. . 6. omitted by act 45 of , s. 5 w.e.f. . 7. omitted by act 44 of , s. 15 w.e.f. .

section 36. of the employees state insurance act : the annual report, the audited accounts of the corporation 1together with the 2the report of the comptroller and auditorgeneral of india thereon and the comments of the corporation on such report under section 34 and the budget as finally adopted by the corporation shall be placed before3parliament 4. 1. ins. by act 44 of , s. 13 w.e.f. . 2. subs. by act 29 of , s. 11, for auditors report thereon w.e.f. . 3. subs. by the a.o. , for the central legislature. 4. the words and published in the gazette of india omitted by act 29 of , s. 11 w.e.f. .

section 38. of the employees state insurance act : subject to the provisions of this act, all employees in factories, or establishments to which this act applies shall be insured in the manner provided by this act.

section 40. of the employees state insurance act : 1 the principal employer shall pay in respect of every employee, whether directly employed by him or by or through an immediate employer, both the employers contribution and the employees contribution. 2 notwithstanding anything contained in any other enactment but subject to the provisions of this act and the regulations, if any, made thereunder, the principal employer shall, in the case of an employee directly employed by him not being an exempted employee, be entitled to recover from the employee the employees contribution by deduction from his wages and not otherwise: provided that no such deduction shall be made from any wages other than such as relate to the period or part of the period in respect of which the contribution is payable, or in excess of the sum representing the employees contribution for the period. 3 notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employers contribution from any wages payable to an employee or otherwise to recover it from him. 4 any sum deducted by the principal employer from wages under this act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. 5 the principal employer shall bear the expenses of remitting the contributions to the corporation.

section 41. of the employees state insurance act : 1 a principal employer, who has paid contribution in respect of an employee employed by or through an immediate employer, shall be entitled to recover the amount of the contribution so paid that is to say the employers contribution as well as the employees contribution, if any from the immediate employer, either by deduction from any amount payable to him by the principal employer under any contract, or as a debt payable by the immediate employer. 11a the immediate employer shall maintain a register of employees employed by or through him as provided in the regulations and submit the same to the principal employer before the settlement of any amount payable under subsection 1. 2 in the case referred to in subsection 1, the immediate employee shall be entitled to recover the employees contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso to subsection 2 of section 40. 2 1. ins. by s. 13, ibid. w.e.f. . 2. the explanation omitted by act 44 of , s. 14 w.e.f. .

section 45. of the employees state insurance act : 45. 1social security officers, their functions and duties.1 the corporation may appoint such persons as inspectors, as it thinks fit, for the purposes of this act, within such local limits as it may assign to them. 2 any 2social security officer appointed by the corporation under subsection 1 hereinafter referred to as 2social security officer, or other official of the corporation authorised in this behalf by it may, for the purposes of enquiring into the correctness of any of the particulars stated in any return referred to in section 44 or for the purpose of ascertaining whether any of the provisions of this act has been complied with a require any principal or immediate employer to furnish to him such information as he may consider necessary for the purposes of this act or b at any reasonable time enter any office, establishment, factory or other premises occupied by such principal or immediate employer and require any person found in charge thereof to produce to such2social security officer or other official and allow him to examine such accounts, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary or c examine, with respect to any matter relevant to the purposes aforesaid, the principal or immediate employer, his agent or servant, or any person found in such factory, establishment, office or other premises, or any person whom the said 2social security officer or other official has reasonable cause to believe to be or to have been an employee 3d make copies of, or take extracts from, any register, account book or other document maintained in such factory, establishment, office or other premises e exercise such other powers as may be prescribed. 3 an 2social security officer shall exercise such functions and perform such duties as may be authorized by the corporation or as may be specified in the regulations. 44 any officer of the corporation authorised in this behalf by it may, carry out reinspection or test inspection of the records and returns submitted under section 44 for the purpose of verifying the correctness and quality of the inspection carried out by a social security officer. 1. subs. by act 18 of , s. 8, for inspectors w.e.f. . 2. subs. by s. 8, ibid., for inspector w.e.f. . 3. ins. by act 53 of , s. 13 w.e.f. 4. ins. by act 18 of , s. 8 w.e.f. .

section 43. of the employees state insurance act : subject to the provisions of this act, the corporation may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this act and without prejudice to the generality of the foregoing power such regulations may provide for a the manner and time of payment of contributions b the payment of contributions by means of adhesive or other stamps affixed to or impressed upon books, cards or otherwise and regulating the manner, times and conditions in, at and under which, such stamps are to be affixed or impressed 1bb the date by which evidence of contributions having been paid is to be received by the corporation c the entry in or upon books or cards of particulars of contributions paid and benefits distributed in the case of the insured persons to whom such books or cards relate and d the issue, sale, custody, production, inspection and delivery of books or cards and the replacement of books or cards which have been lost, destroyed or defaced. 1. ins. by s. 16, ibid. w.e.f. .

section 44. of the employees state insurance act : 144. employers to furnish returns and maintain registers in certain cases.1 every principal and immediate employer shall submit to the corporation or to such officer of the corporation as it may direct such returns in such form and containing such particulars relating to persons employed by him or to any factory or establishment in respect of which he is the principal or immediate employer as may be specified in regulations made in this behalf. 2 where in respect of any factory or establishment the corporation has reason to believe that a return should have been submitted under subsection 1 but has not been so submitted, the corporation may require any person in charge of the factory or establishment to furnish such particulars as it may consider necessary for the purpose of enabling the corporation to decide whether the factory or establishment is a factory or establishment to which this act applies. 3 every principal and immediate employer shall maintain such registers or records in respect of his factory or establishment as may be required by regulations made in this behalf. 1. subs. by act 53 of , s. 12, for section 44 w.e.f. .

section 45a. of the employees state insurance act : 245a. determination of contributions in certain cases.1 where in respect of a factory or establishment no returns, particulars, registers or records are submitted, furnished or maintained in accordance with the provisions of section 44 or any 1social security officer or other official of the corporation referred to in subsection 2 of section 45 is 3prevented in any manner by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under section 45, the corporation may, on the basis of information available to it, by order, determine the amount of contributions payable in respect of the employees of that factory or establishment: 4provided that no such order shall be passed by the corporation unless the principal or immediate employer or the person in charge of the factory or establishment has been given a reasonable opportunity of being heard. 5provided further that no such order shall be passed by the corporation in respect of the period beyond five years from the date on which the contribution shall become payable. 2 an order made by the corporation under subsection 1 shall be sufficient proof of the claim of the corporation under section 75 or for recovery of the amount determined by such order as an arrear of land revenue under section 45b 6or the recovery under section 45c to section 45i. 1. subs. by s. 8, ibid., for inspector w.e.f. . 2. ins. by act 44 of , s. 17 w.e.f. . 3. subs. by act 29 of , s. 15, for obstructed w.e.f. . 4. ins. by s. 15, ibid. w.e.f. . 5. ins. by act 18 of , s. 9 w.e.f. . 6. added by act 29 of , s. 15 w.e.f. .

section 45aa. of the employees state insurance act : 245aa. appellate authority.1 if an employer is not satisfied with the order referred to in section 45a, he may prefer an appeal to an appellate authority as may be provided by regulation, within sixty days of the date of such order after depositing twentyfive per cent. of the contribution so ordered or the contribution as per his own calculation, whichever is higher, with the corporation: provided that if the employer finally succeeds in the appeal, the corporation shall refund such deposit to the employer together with such interest as may be specified in the regulation. 1. ins. by act 18 of , s. 9 w.e.f. . 2. ins. by act 18 of , s. 10 w.e.f. .

section 45b. of the employees state insurance act : 145b. recovery of contributions.any contribution payable under this act may be recovered as an arrear of land revenue. 1. ins. by act 18 of , s. 10 w.e.f. .

section 45e. of the employees state insurance act : 145e. validity of certificate and amendment thereof.1 when the authorised officer issues a certificate to a recovery officer under section 45c, it shall not be open to the factory or establishment or the principal or immediate employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the recovery officer. 2 notwithstanding the issue of a certificate to a recovery officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the recovery officer. 3 the authorised officer shall intimate to the recovery officer any orders withdrawing or cancelling a certificate or any correction made by him under subsection 2 or any amendment made under sub section 4 of section 45f. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45h. of the employees state insurance act : 145h. application of certain provisions of the incometax act.the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, , as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount of contributions, interests or damages under this act instead of to the incometax: provided that any reference in the said provisions and the rules to the assesse shall be construed as a reference to a factory or an establishment or the principal or immediate employer under this act. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45c. of the employees state insurance act : 145c. issue of certificate to the recovery officer.1 where any amount is in arrear under this act, the authorised officer may issue, to the recovery officer, a certificate under his signature specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the factory or establishment or, as the case may be, the principal or immediate employer by one or more of the modes mentioned below: a attachment and sale of the movable or immovable property of the factory or establishment or, as the case may be, the principal or immediate employer b arrest of the employer and his detention in prison c appointing a receiver for the management of the movable or immovable properties of the factory or establishment or, as the case may be, the employer: provided that the attachment and sale of any property under this section shall first be effected against the properties of the factory or establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the recovery officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. 2 the authorised officer may issue a certificate under subsection 1 notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45d. of the employees state insurance act : 145d. recovery officer to whom certificate is to be forwarded.1 the authorised officer may forward the certificate referred to in section 45c to the recovery officer within whose jurisdiction the employer a carries on his business or profession or within whose jurisdiction the principal place of his factory or establishment is situate or b resides or any movable or immovable property of the factory or establishment or the principal or immediate employer is situate. 2 where a factory or an establishment or the principal or immediate employer has property within the jurisdiction of more than one recovery officers and the recovery officer to whom a certificate is sent by the authorised officer a is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction or b is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the manner prescribed by the central government and specifying the amount to be recovered to the recovery officer within whose jurisdiction the factory or establishment or the principal or immediate employer has property or the employer resides, and thereupon that recovery officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45i. of the employees state insurance act : 145i. definitions.for the purposes of sections 45c to 45h, a authorised officer means the director general, insurance commissioner, joint insurance commissioner, regional director or such other officer as may be authorised by the central government, by notification in the official gazette b recovery officer means any officer of the central government, state government or the corporation, who may be authorised by the central government, by notification in the official gazette, to exercise the powers of a recovery officer under this act. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45f. of the employees state insurance act : 145f. stay of proceedings under certificate and amendment or withdrawal thereof.1 notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted. 2 where a certificate for the recovery of amount has been issued, the authorised officer shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. 3 where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceedings under this act, and, as a consequence thereof, the demand is reduced but the order is the subjectmatter of a further proceeding under this act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. 4 where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this act, the authorised officer shall, when the order which was the subject matter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. 1. ins. by act 29 of , s. 16 w.e.f. .

section 45g. of the employees state insurance act : 145g. other modes of recovery.1 notwithstanding the issue of a certificate to the recovery officer under section 45c, the director general or any other officer authorised by the corporation may recover the amount by any one or more of the modes provided in this section. 2 if any amount is due from any person to any factory or establishment or, as the case may be, the principal or immediate employer who is in arrears, the director general or any other officer authorised by the corporation in this behalf may required such person to deduct from the said amount the arrears due from such factory or establishment or, as the case may be, the principal or immediate employer under this act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the corporation: provided that nothing in this subsection shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 5 of . 3 i the director general or any other officer authorised by the corporation in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the factory or establishment or, as the case may be, the principal or immediate employer or any person who holds or may subsequently hold money for or on account of the factory or establishment or, as the case may be, the principal or immediate employer, to pay to the director general either forthwith upon the money becoming due or being held or at or within the time specified in the notice not being before the money becomes due or is held so much of the money as is sufficient to pay the amount due from the factory or establishment or, as the case may be, the principal or immediate employer in respect of arrears or the whole of the money when it is equal to or less than that amount. ii a notice under this subsection may be issued to any person who holds or may subsequently hold any money for or on account of the principal or immediate employer jointly with any other person and for the purposes of this subsection, the shares of the jointholders in such account shall be presumed, until the contrary is proved, to be equal. iii a copy of the notice shall be forwarded to the principal or immediate employer at his last address known to the director general or, as the case may be, the officer so authorised and in the case of a joint account to all the jointholders at their last addresses known to the director general or the officer so authorised. iv save as otherwise provided in this subsection, every person to whom a notice is issued under this subsection shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. v any claim respecting any property in relation to which a notice under this subsection has been issued arising after the date of the notice shall be void as against any demand contained in the notice. vi where a person to whom a notice under this subsection is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the principal or immediate employer or that he does not hold any money for or on account of the principal or immediate employer, then, nothing contained in this subsection shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the director general or the officer so authorised to the extent of his own liability to the principal or immediate employer on the date of the notice, or to the extent of the principal or immediate employers liability for any sum due under this act, whichever is less. vii the director general or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this subsection or extend the time for making any payment in pursuance of such notice. viii the director general or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this subsection and the person so paying shall be fully discharged from his liability to the principal or immediate employer to the extent of the amount so paid. ix any person discharging any liability to the principal or immediate employer after the receipt of a notice under this subsection shall be personally liable to the director general or the officer so authorised to the extent of his own liability to the principal or immediate employer so discharged or to the extent of the principal or immediate employers liability for any sum due under this act, whichever is less. x if the person to whom a notice under this subsection is sent fails to make payment in pursuance thereof to the director general or the officer so authorised, he shall be deemed to be a principal or immediate employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him in the manner provided in sections 45c to 45f and the notice shall have the same effect as an attachment of a debt by the recovery officer in exercise of his powers under section 45c. 4 the director general or the officer authorised by the corporation in this behalf may apply to the court in whose custody there is money belonging to the principal or immediate employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. 5 the director general or any officer of the corporation may, if so authorised by the central government by general or special order, recover any arrears of amount due from a factory or an establishment or, as the case may be, from the principal or immediate employer by distraint and sale of its or his movable property in the manner laid down in the third schedule to the incometax act, 43 of . 1. ins. by act 29 of , s. 16 w.e.f. .

section 49. of the employees state insurance act : 149. sickness benefit.the qualification of a person to claim sickness benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the central government. 1. subs. by s. 19, ibid., for sections 49 and 50 w.e.f. .

section 47.. of the employees state insurance act : when person eligible for sickness benefit. omitted by the employees state insurance amendment act, 29 of , s. 18 w.e.f. .

section 46. of the employees state insurance act : 1 subject to the provisions of this act, the insured persons 1their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely: a periodical payments to any insured person in case of his sickness certified by a duly appointed medical practitioner2or by any other person possessing such qualifications and experience as the corporation may, by regulations, specify in this behalf hereinafter referred to as sickness benefit 3b periodical payments to an insured woman in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, such woman being certified to be eligible for such payments by an authority specified in this behalf by the regulations hereinafter referred to as maternity benefit c periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this act and certified to be eligible for such payments by an authority specified in this behalf by the regulations hereinafter referred to as disablement benefit d periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under this act, as are entitled to compensation under this act hereinafter referred to as dependants benefit 4 e medical treatment for and attendance on insured persons hereinafter referred to as medical benefit 2and 2f payment to the eldest surviving member of the family of an insured person who has died, towards the expenditure on the funeral of the deceased insured person, or, where the insured person did not have a family or was not living with his family at the time of his death, to the person who actually incurs the expenditure on the funeral of the deceased insured person to be known as 5funeral expenses: provided that the amount of such payment shall not exceed 6such amount as may be prescribed by the central government and the claim for such payment shall be made within three months of the death of the insured person or within such extended period as the corporation or any officer or authority authorised by it in this behalf may allow. 2 the corporation may, at the request of the appropriate government, and subject to such conditions as may be laid down in the regulations, extend the medical benefits to the family of an insured person. 1. subs. by act 44 of , s. 18, for or, as the case may be, their dependants w.e.f. . 2. ins. by s. 18, ibid. w.e.f. . 3. subs. by s. 18, ibid., for clause b w.e.f. . 4. the word and omitted by s. 18, ibid. w.e.f. . 5. subs. by act 29 of , s. 17, for funeral benefit w.e.f. . 6. subs. by act 29 of , s. 17, for one hundred rupees w.e.f. .

section 48.. of the employees state insurance act : when person deemed available for employment. omitted by the employees state insurance amendment act, 44 of , s. 20 w.e.f. .

section 50. of the employees state insurance act : 150. maternity benefit.the qualification of an insured woman to claim maternity benefit, the conditions subject to which such benefit may be given, the rates and period thereof shall be such as may be prescribed by the central government. 1. subs. by s. 19, ibid., for sections 49 and 50 w.e.f. .

section 52. of the employees state insurance act : 152. dependants benefit.1 if an insured person dies as a result of an employment injury sustained as an employee under this act whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury dependants benefit shall be payable 2at such rates and for such periods and subject to such conditions as may be prescribed by the central government to his dependants specified in 3subclause i, subclause ia and subclause ii of clause 6a of section 2. 2 in case the insured person dies without leaving behind him the dependants as aforesaid, the dependants benefit shall be paid to the other dependants of the deceased 2at such rates and for such period and subject to such conditions as may be prescribed by the central government. 1. subs. by act 44 of , s. 24, for section 52 w.e.f. . 2. subs. by act 29 of , s. 21, for in accordance with the provisions of the first schedule w.e.f. . 3. subs. by s. 21, ibid., for subclause i and w.e.f. .

section 51. of the employees state insurance act : 151. disablement benefit.subject to the provisions of this act 2 , a a person who sustains temporary disablement for not less than three days excluding the day of accident shall be entitled to periodical payment 3at such rates and for such periods and subject to such conditions as may be prescribed by the central government b a person who sustains permanent disablement, whether total of partial, shall be entitled to periodical payment 3at such rates and for such period and subject to such conditions as may be prescribed by the central government: 4 1. subs. by act 44 of , s. 23, for section 51 w.e.f. . 2. the words and the regulations, if any omitted by act 29 of , s. 20 w.e.f. . 3. subs. by s. 20, ibid., for for the period of such disablement in accordance with the provisions of the first schedule w.e.f. 1 . 4. proviso omitted by s. 20, ibid. w.e.f. .

section 51a. of the employees state insurance act : 151a. presumption as to accident arising in course of employment.for the purposes of this act, an accident arising in the course of 1an employees employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employment. 1. subs. by act 44 of , s. 23, for section 51 w.e.f. . 2. subs. by act 18 of , s. 12, for an insured persons w.e.f. .

section 51b. of the employees state insurance act : 151b. accidents happening while acting in breach of regulations, etc.an accident shall be deemed to arise out of and in the course of 1an employees employment notwithstanding that he is at the time of the accident acting in contravention of the provisions of any law applicable to him, or of any orders given by or on behalf of his employer or that he is acting without instructions from his employer, if a the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be and b the act is done for the purpose of and in connection with the employers trade or business. 1. subs. by act 44 of , s. 23, for section 51 w.e.f. . 2. subs. by act 18 of , s. 12, for an insured persons w.e.f. .

section 51c. of the employees state insurance act : 151c. accidents happening while travelling in employers transport.1 an accident happening while an 2employee is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be deemed to arise out of and in the course of his employment, if a the accident would have been deemed so to have arisen had he been under such obligation and b at the time of the accident, the vehicle i is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer, and ii is not being operated in the ordinary course of public transport service. 2 in this section vehicle includes a vessel and an aircraft. 1. subs. by act 44 of , s. 23, for section 51 w.e.f. . 2. subs. by act 18 of , s. 12, for insured person w.e.f. .

section 51e. of the employees state insurance act : 151e. accidents happening while commuting to the place of work and vice versa.an accident occurring to an employee while commuting from his residence to the place of employment for duty or from the place of employment to his residence after performing duty, shall be deemed to have arisen out of and in the course of employment if nexus between the circumstances, time and place in which the accident occurred and the employment is established. 1. ins. by s. 13, ibid. w.e.f. .

section 51d. of the employees state insurance act : 151d. accidents happening while meeting emergency.an accident happening to an 2employee in or about any premises at which he is for the time being employed for the purpose of his employers trade or business shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property. 1. subs. by act 44 of , s. 23, for section 51 w.e.f. . 2. subs. by act 18 of , s. 12, for insured person w.e.f. .

section 52a. of the employees state insurance act : 152a. occupational disease.1 if an employee employed in any employment specified in part a of the third schedule contracts any disease specified therein as an occupational disease peculiar to that employment, or if an employee employed in the employment specified in part b of that schedule for a continuous period of not less than six months contracts any disease specified therein as an occupational disease peculiar to that employment or if an employee employed in any employment specified in part c of that schedule for such continuous period as the corporation may specify in respect of each such employment, contracts any disease specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall, unless the contrary is proved, be deemed to be an employment injury arising out of and in the course of employment. 2 i where the central government or a state government, as the case may be, adds any description of employment to the employments specified in schedule iii to the workmens compensation act, 8 of , by virtue of the powers vested in it under subsection 3 of section 3 of the said act, the said description of employment and the occupational diseases specified under that subsection as peculiar to that description of employment shall be deemed to form part of the third schedule. ii without prejudice to the provisions of clause i, the corporation after giving, by notification in the official gazette, not less than three months notice of its intention so to do, may, by a like notification, add any description of employment to the employments specified in the third schedule and shall specify in the case of employments so added the diseases which shall be deemed for the purposes of this section to be occupational diseases peculiar to those employments respectively and thereupon the provisions of this act shall apply, as if such diseases had been declared by this act to be occupational diseases peculiar to those employments. 3 save as provided by subsections 1 and 2, no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of his employment. 4 the provisions of section 51a shall not apply to the cases to which this section applies. 1. subs. by act 44 of , s. 24, for section 52 w.e.f. .

section 53. of the employees state insurance act : 153. bar against receiving or recovery of compensation or damages under any other law.an insured person or his dependants shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the workmens compensation act, 8 of , or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this act. 1. subs. by act 44 of , s. 25, for section 53 w.e.f. .

section 56. of the employees state insurance act : 1 an insured person or where such medical benefit is extended to his family a member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. 2 such medical benefit may be given either in the form of outpatient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as inpatient in a hospital or other institution. 3 a person shall be entitled to medical benefit during any 1period for which contributions are payable in respect of him or in which he is qualified to claim sickness benefit or maternity benefit 2or is in receipt of such disablement benefit as does not disentitle him to medical benefit under the regulations: provided that a person in respect of whom contribution ceases to be payable under this act may be allowed medical benefit for such period and of such nature as may be provided under the regulations: 3provided further that an insured person who ceases to be in insurable employment on account of permanent disablement shall continue, subject to payment of contribution and such other conditions as may be prescribed by the central government, to receive medical benefit till the date on which he would have vacated the employment on attaining the age of superannuation had he not sustained such permanent disablement: 4provided also that an insured person, who has attained the age of superannuation, and his spouse shall be eligible to receive medical benefit subject to payment of contribution and such other conditions as may be prescribed by the central government. explanation.in this section, superannuation, in relation to an insured person, means the attainment by that person of such age as is fixed in the contract or conditions of service as the age on the attainment of which he shall vacate the insurable employment or the age of sixty years where no such age is fixed and the person is no more in the insurable employment. 1. subs. by act 45 of , s. 8, for week w.e.f. . 2. subs. by act 53 of , s. 17, for or, as provided under the regulations, is in receipt of disablement benefit w.e.f. . 3. ins. by act 29 of , s. 23 w.e.f. . 4. subs. by act 18 of , s. 14, for the proviso w.e.f. .

section 54. of the employees state insurance act : 154. determination of question of disablement.any question a whether the relevant accident has resulted in permanent disablement or b whether the extent of loss of earning capacity can be assessed provisionally or finally or c whether the assessment of the proportion of the loss of earning capacity is provisional or final or d in the case of provisional assessment, as to the period for which such assessment shall hold good, shall be determined by a medical board constituted in accordance with the provisions of the regulations and any such question shall hereafter be referred to as the disablement question. 1. subs. by s. 26, ibid., for section 54 w.e.f .

section 55. of the employees state insurance act : 155. review of decisions by medical board or medical appeal tribunal.1 any decision under this act of a medical board or a medical appeal tribunal may be reviewed at any time by the medical board or the medical appeal tribunal, as the case may be, if it is satisfied by fresh evidence that the decision was given in consequence of the nondisclosure or misrepresentation by the employee or any other person of a material fact whether the nondisclosure or misrepresentation was or was not fraudulent. 2 any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board, if it is satisified that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury: provided that an assessment shall not be reviewed under this subsection unless the medical board is of opinion that having regard to the period taken into account by the assessment and the probable duration of the aggravation aforesaid, substantial injustice will be done by not reviewing it. 3 except with the leave of a medical appeal tribunal, an assessment shall not be reviewed under subsection 2 on any application made less than five years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application. 4 subject to the foregoing provisions of this section, a medical board day deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final and the provisions of section 54a shall apply to an application for review under this section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that section and to a decision of the medical board in connection with such case. 1. subs. by act 44 of , s. 27, for section 55 w.e.f. .

section 54a. of the employees state insurance act : 154a. references to medical boards and appeals to medical appeal tribunals and employees insurance courts.1 the case of any insured person for permanent disablement benefit shall be referred by the corporation to a medical board for determination of the disablement question and if, on that or any subsequent reference, the extent of loss of earning capacity of the insured person is provisionally assessed, it shall again be so referred to the medical board not later than the end of the period taken into account by the provisional assessment. 2 if the insured person or the corporation is not satisfied with the decision of the medical board, the insured person or the corporation may appeal in the prescribed manner and within the prescribed time to i the medical appeal tribunal constituted in accordance with the provisions of the regulations with a further right of appeal in the prescribed manner and within the prescribed time to the employees insurance court, or ii the employees insurance court directly: 2provided that no appeal by an insured person shall lie under this subsection if such person has applied for commutation of disablement benefit on the basis of the decision of the medical board and received the commuted value of such benefit: provided further that no appeal by the corporation shall lie under this subsection if the corporation paid the commuted value of the disablement benefit on the basis of the decision of the medical board. 1. subs. by s. 26, ibid., for section 54 w.e.f . 2. ins. by act 29 of , s. 22 w.e.f. .

section 55a. of the employees state insurance act : 155a. review of dependants benefit.1 any decision awarding dependants benefit under this act may be reviewed at any time by the corporation if it is satisfied by fresh evidence that the decision was given in consequence of nondisclosure or misrepresentation by the claimant or any other person of a material fact whether the nondisclosure or misrepresentation was or was not fraudulent or that the decision is no longer in accordance with this act due to any birth or death or due to the marriage, remarriage or cesser of infirmity of, or attainment of the age of eighteen years by a claimant. 2 subject to the provisions of this act, the corporation may, on such review as aforesaid, direct that the dependants benefit be continued, increased, reduced or discontinued. 1. subs. by act 44 of , s. 27, for section 55 w.e.f. .

section 59b. of the employees state insurance act : 159b. medical and paramedical education.the corporation may establish medical colleges, nursing colleges and training institutes for its paramedical staff and other employees with a view to improve the quality of services provided under the employees state insurance scheme. 1. ind. by act 18 of , s. 17 w.e.f. .

section 59a. of the employees state insurance act : 159a. provision of medical benefit by the corporation in lieu of state government.1 notwithstanding anything contained in any other provision of this act, the corporation may, in consultation with the state government, undertake the responsibility for providing medical benefit to insured persons and where such medical benefit is extended to their families, to the families of such insured persons in the state subject to the condition that the state government shall share the cost of such medical benefit in such proportion as may be agreed upon between the state government and the corporation. 2 in the event of the corporation exercising its power under subsection 1, the provisions relating to medical benefit under this act shall apply, so far as may be, as if a reference therein to the state government were a reference to the corporation. 1. ins. by act 44 of , s. 28 w.e.f. .

section 60. of the employees state insurance act : 1 the right to receive any payment of any benefit under this act shall not be transferable or assignable. 2 no cash benefit payable under this act shall be liable to attachment or sale in execution of any decree or order of any court.

section 57. of the employees state insurance act : 1 an insured person and where such medical benefit is extended to his family his family shall be entitled to receive medical benefit only of such kind and on such scale as may be provided by the state government or by the corporation, and an insured person or, where such medical benefit is extended to his family, his family shall not have a right to claim any medical treatment except such as is provided by the dispensary, hospital, clinic or other institution to which he or his family is allotted, or as may be provided by the regulations. 2 nothing in this act shall entitle an insured person and where such medical benefit is extended to his family his family to claim reimbursement from the corporation of any expenses incurred in respect of any medical treatment, except as may be provided by the regulations.

section 62. of the employees state insurance act : save as may be provided in the regulations no person shall be entitled to commute for a lump sum any 1disablement benefit admissible under this act. 1. subs. by act 29 of , s. 24, for periodical payment w.e.f. .

section 59., by corporation. of the employees state insurance act : 1 the corporation may, with the approval of the state government, establish and maintain in a state such hospitals, dispensaries and other medical and surgical services as it may think fit for the benefit of insured persons and where such medical benefit is extended to their families their families. 2 the corporation may enter into agreement with any 1 local authority, private body or individual in regard to the provision of medical treatment and attendance for insured persons and where such medical benefit is extended to their families their families, in any area and sharing the cost thereof. 23 the corporation may also enter into agreement with any local authority, local body or private body for commissioning and running employees state insurance hospitals through third party participation for providing medical treatment and attendance to insured persons and where such medical benefit has been extended to their families, to their families. 1. the words and letter part b state omitted by the a.o. no. 4 w.e.f. . 2. ins. by act 18 of , s. 16 w.e.f. .

section 58. of the employees state insurance act : 1 the state government shall provide for insured persons and where such medical benefit is extended to his families their families in the state, reasonable medical, surgical and obstetric treatment: provided that the state government may, with the approval of the corporation, arrange for medical treatment at clinics of medical practitioners on such scale and subject to such terms and conditions as may be agreed upon. 2 where the incidence of sickness benefit payment to insured persons in any state is found to exceed the allindia average, the amount of such excess shall be shared between the corporation and the state government in such proportion as may be fixed by agreement between them: provided that the corporation may in any case waive the recovery of the whole or any part of the share which is to be borne by the state government. 3 the corporation may enter into an agreement with a state government in regard to the nature and scale of the medical treatment that should be provided to insured persons and where such medical benefit is extended to the families their families including provision of buildings, equipment, medicines and staff and for the sharing of the cost thereof and of any excess in the incidence of sickness benefit to insured persons between the corporation and the state government. 4 in default of agreement between the corporation and any state government as aforesaid the nature and extent of the medical treatment to be provided by the state government and the proportion in which the cost thereof and of the excess in the incidence of sickness benefit shall be shared between the corporation and that government, shall be determined by an arbitrator who shall be or shall have been a judge of the 1high court 2of a state appointed by the chief justice of india and the award of the arbitrator shall be binding on the corporation and the state government. 35 the state government may, in addition to the corporation under this act, with the previous approval of the central government, establish such organisation by whatever name called to provide for certain benefits to employees in case of sickness, maternity and employment injury: provided that any reference to the state government in the act shall also include reference to the organisation as and when such organisation is established by the state government. 6 the organisation referred to in subsection 5 shall have such structure and discharge functions, exercise powers and undertake such activities as may be prescribed. 1. subs. by the a.o. , for high court of a province. 2. subs. by act 53 of , s. 18, for for a part a state w.e.f. . 3. ins. by act 18 of , s. 15 w.e.f. .

section 61. of the employees state insurance act : when a person is entitled to any of the benefits provided by this act, he shall not be entitled to receive any similar benefit admissible under the provisions of any other enactment.

section 67.. of the employees state insurance act : corporations right to be indemnified in certain cases. omitted by s. 29, ibid. w.e.f. .

section 63. of the employees state insurance act : 163. persons not entitled to receive benefit in certain cases.save as may be provided in the regulations, no person shall be entitled to sickness benefit or disablement benefit for temporary disablement on any day on which he works or remains on leave or on a holiday in respect of which he receives wages or on any day on which he remains on strike. 1. subs. by s. 25, ibid., for section 63 w.e.f. .

section 70. of the employees state insurance act : 1 where any person has received any benefit or payment under this act when he is not lawfully entitled thereto, he shall be liable to repay to the corporation the value of the benefit or the amount of such payment, or in the case of his death his representative shall be liable to repay the same from the assets of the deceased, if any, in his hands. 2 the value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final. 3 the amount recoverable under this section may be recovered as if it were an arrear of landrevenue. 1or under section 45 c to section 45i. 1. added by act 29 of , s. 27 w.e.f. .

section 64. of the employees state insurance act : a person who is in receipt of sickness benefit or disablement benefit other than benefit granted on permanent disablement a shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this act and shall carry out the instructions given by the medical officer or medical attendant in charge thereof b shall not while under treatment do anything which might retard or prejudice his chances of recovery c shall not leave the area in which medical treatment provided by this act is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations and d shall allow himself to be examined by any duly appointed medical officer 1 or other person authorised by the corporation in this behalf. 1. the words or sick visitor omitted by act 29 of , s. 26 w.e.f. .

section 71. of the employees state insurance act : 1if a person dies during any period for which he is entitled to a cash benefit under this act, the amount of such benefit up to and including the day of his death shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or if there is no such nomination, to the heir or legal representative of the deceased person. 1. subs. by s. 28, ibid., for except as provided in the proviso to subsection 2 of section 50, if a person dies w.e.f. . earlier these words were substituted for if a person dies by act 44 of , s. 30 w.e.f. .

section 69., for excessive sickness benefit. of the employees state insurance act : 1 where the corporation considers that the incidence of sickness among insured persons is excessive by reason of i insanitary working conditions in a factory or establishment or the neglect of the owner or occupier of the factory or establishment to observe any health regulations enjoined on him by or under any enactment, or ii insanitary conditions of any tenements or lodgings occupied by insured persons and such insanitary conditions are attributable to the neglect of the owner of the tenements or lodgings to observe any health regulations enjoined on him by or under any enactment, the corporation may send to the owner or occupier of the factory or establishment or to the owner of the tenements or lodgings, as the case may be, a claim for the payment of the amount of the extra expenditure incurred by the corporation as sickness benefit and if the claim is not settled by agreement, the corporation may refer the matter, with a statement in support of its claim, to the appropriate government. 2 if the appropriate government is of opinion that a prima facie case for inquiry is disclosed, it may appoint a competent person or persons to hold an inquiry into the matter. 3 if upon such inquiry it is proved to the satisfaction of the person or persons holding the inquiry that the excess in incidence of sickness among the insured persons is due to the default or neglect of the owner or occupier of the factory or establishment or the owner of the tenements or lodgings, as the case may be, the said person or persons shall determine the amount of the extra expenditure incurred as sickness benefit, and the person or persons by whom the whole or any part of such amount shall be paid to the corporation. 4 a determination under subsection 3 may be enforced as if it were a decree for payment of money passed in a suit by a civil court. 5 for the purposes of this section, owner of tenements or lodgings shall include any agent of the owner and any person who is entitled to collect the rent of the tenements or lodgings as a lessee of the owner.

section 65. of the employees state insurance act : 1 an insured person shall not be entitled to receive for the same period a both sickness benefit and maternity benefit or b both sickness benefit and disablement benefit for temporary disablement or c both maternity benefit and disablement benefit for temporary disablement. 2 where a person is entitled to more than one of the benefits mentioned in subsection 1, he shall be entitled to choose which benefit he shall receive.

section 66.. of the employees state insurance act : corporations right to recover damages from employer in certain cases. omitted by the employees state insurance amendment act, 44 of , s. 29 w.e.f. .

section 68. of the employees state insurance act : 1 if any principal employer fails or neglects to pay any contribution which under this act he is liable to pay in respect of any employee and by reason thereof such person becomes disentitled to any benefit or entitled to a benefit on a lower scale, the corporation may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person the benefit at the rate to which he would have been entitled if the failure or neglect had not occurred and the corporation shall be entitled to recover from the principal employer either 1i the difference between the amount of benefit which is paid by the corporation to the said person and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer or ii twice the amount of the contribution which the employer failed or neglected to pay, whichever is greater. 2 the amount recoverable under this section may be recovered as if it were an arrear of landrevenue 2or under section 45c to section 45i. 1. subs. by act 53 of , s. 19, for clause i w.e.f. . 2. added by act 29 of , s. 27 w.e.f. .

section 72. of the employees state insurance act : no employer by reason only of his liability for any contributions payable under this act shall, directly or indirectly reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this act.

section 73d. of the employees state insurance act : 173d. scheme for other beneficiaries.the scheme may provide for all or any of the following matters, namely: i the other beneficiaries who may be covered under this scheme ii the time and manner in which the medical facilities may be availed by the other beneficiaries iii the form in which the other beneficiary shall furnish particulars about himself and his family whenever required as may be specified by the corporation iv any other matter which is to be provided for in the scheme or which may be necessary or proper for the purpose of implementing the scheme. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 73. of the employees state insurance act : 1 no employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work. 2 no notice of dismissal or discharge or reduction given to an employee during the period specified in subsection 1 shall be valid or operative.

section 73e. of the employees state insurance act : 173e. power to amend scheme.the central government may, by notification in the official gazette, add to, amend, vary or rescind the scheme. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 73a. of the employees state insurance act : 173a. definitions.in this chapter, a other beneficiaries means persons other than the person insured under this act b scheme means any scheme framed by the central government from time to time under section 73b for the medical facility for other beneficiaries c underutilised hospital means any hospital not fully utilised by the persons insured under this act d user charges means the amount which is to be charged from the other beneficiaries for medical facilities as may be notified by the corporation in consultation with the central government from time to time. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 73c. of the employees state insurance act : 173c. collection of user charges.the user charges collected from the other beneficiaries shall be deemed to be the contribution and shall form part of the employees state insurance fund. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 73b. of the employees state insurance act : 173b. power to frame schemes.notwithstanding anything contained in this act, the central government may, by notification in the official gazette, frame scheme for other beneficiaries and the members of their families for providing medical facility in any hospital established by the corporation in any area which is underutilised on payment of user charges. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 80.. of the employees state insurance act : benefit not admissible unless claimed in time. omitted by the employees state insurance amendment act, 44 of , s. 34 w.e.f. 281 .

section 73f. of the employees state insurance act : 173f. laying of scheme framed under this chapter.every scheme framed under this chapter shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or to be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. subs. by act 18 of , s. 18, for chapter va w.e.f. .

section 74. of the employees state insurance act : 1 the state government shall, by notification in the official gazette, constitute an employees insurance court for such local area as may be specified in the notification. 2 the court shall consist of such number of judges as the state government may think fit. 3 any person who is or has been a judicial officer or is a legal practitioner of five years standing shall be qualified to be a judge of the employees insurance court. 4 the state government may appoint the same court for two or more local areas or two or more courts for the same local area. 5 where more than one court has been appointed for the same local area, the state government may by general or special order regulate the distribution of business between them.

section 79. of the employees state insurance act : any application, appearance or act required to be made or done by any person to or before an employees insurance court other than appearance of a person required for the purpose of his examination as a witness may be made or done by a legal practitioner or by an officer of a registered trade union authorized in writing by such person or with the permission of the court, by any other person so authorized.

section 75. of the employees state insurance act : 1 if any question or dispute arises as to a whether any person is an employee within the meaning of this act or whether he is liable to pay the employees contribution, or b the rate of wages or average daily wages of an employee for the purposes of this act, or c the rate of contribution payable by a principal employer in respect of any employee, or d the person who is or was the principal employer in respect of any employee, or e the right of any person to any benefit and as to the amount and duration thereof, or 1ee any direction issued by the corporation under section 55a on a review of any payment of dependants benefits, or 2 g any other matter which is in dispute between a principal employer and the corporation, or between a principal employer and an immediate employer, or between a person and the corporation or between an employee and a principal or immediate employer in respect of any contribution or benefit or other dues payable or recoverable under this act 3or any other matter required to be or which may be decided by the employees insurance court under this act, such question or dispute 4subject to the provisions of subsection 2a shall be decided by the employees insurance court in accordance with the provisions of this act. 2 4subject to the provisions of subsection 2a, the following claims shall be decided by the employees insurance court, namely: a claim for the recovery of contributions from the principal employer b claim by a principal employer to recover contributions from any immediate employer 2 d claim against a principal employer under section 68 e claim under section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto and f any claim for the recovery of any benefit admissible under this act 72a if in any proceedings before the employees insurance court a disablement question arises and the decision of a medical board or a medical appeal tribunal has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the employees insurance court, that court shall direct the corporation to have the question decided by this act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the employees insurance court under subsection 2 of section 54a in which case the employees insurance court may itself determine all the issues arising before it. 52b no matter which is in dispute between a principal employer and the corporation in respect of any contribution or any other dues shall be raised by the principal employer in the employees insurance court unless he has deposited with the court fifty per cent. of the amount due from him as claimed by the corporation: provided that the court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this subsection. 3 no civil court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this act is to be decided by 6a medical board, or by a medical appeal tribunal or by the employees insurance court. 1. subs. by act 44 of , s. 32, for clause ee w.e.f. . 2. omitted by s. 32, ibid. w.e.f. . 3. ins. by s. 32, ibid. w.e.f. . 4. subs. by s. 32, ibid., for the following claims w.e.f. . 5. ins. by act 29 of , s. 29 w.e.f. . 6. subs. by act 44 of , s. 32, for the employees insurance court w.e.f. . 7. ins. by s. 33, ibid. w.e.f. .

section 76. of the employees state insurance act : 1 subject to the provisions of this act and any rules made by the state government, all proceedings before the employees insurance court shall be instituted in the court appointed for the local area in which the insured person was working at the time the question or dispute arose. 2 if the court is satisfied that any matter arising out of any proceeding pending before it can be more conveniently dealt with by any other employees insurance court in the same state, it may, subject to any rules made by the state government in this behalf, order such matter to be transferred to such other court for disposal and shall forthwith transmit to such other court the records connected with that matter. 3 the state government may transfer any matter pending before any employees insurance court in the state to any such court in another state with the consent of the state government of that state. 4 the court to which any matter is transferred under subsection 2 or subsection 3 shall continue the proceedings as if they had been originally instituted in it

section 77. of the employees state insurance act : 1 the proceedings before an employees insurance court shall be commenced by application. 11a every such application shall be made within a period of three years from the date on which the cause of action arose. explanation.for the purpose of this subsection, a the cause of action in respect of a claim for benefit shall not be deemed to arise unless the insured person or in the case of dependants benefit, the dependants of the insured person claims or claim that benefit in accordance with the regulations made in that behalf within a period of twelve months after the claim became due or within such further period as the employees insurance court may allow on grounds which appear to it to be reasonable 2b the cause of action in respect of a claim by the corporation for recovering contributions including interest and damages from the principal employer shall be deemed to have arisen on the date on which such claim is made by the corporation for the first time: provided that no claim shall be made by the corporation after five years of the period to which the claim relates c the cause of action in respect of a claim by the principal employer for recovering contributions from an immediate employer shall not be deemed to arise till the date by which the evidence of contributions having been paid is due to be received by the corporation under the regulations. 2 every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee, if any, as may be prescribed by rules made by the state government in consultation with the corporation. 1. ins. by s. 33, ibid. w.e.f. . 2. subs. by act 29 of , s. 30, for clause b w.e.f. .

section 82. of the employees state insurance act : 1 save as expressly provided in this section, no appeal shall lie from an order of an employees insurance court. 2 an appeal shall lie to the high court from an order of an employees insurance court if it involves a substantial question of law. 3 the period of limitation for an appeal under this section shall be sixty days. 4 the provisions of sections 5 and 12 of the 1limitation act, 36 of shall apply to appeals under this section. 1. subs. by act 29 of , s. 31, for indian limitation act, 9 of w.e.f. .

section 81. of the employees state insurance act : an employees insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it in accordance with such decision.

section 78. of the employees state insurance act : 1 the employees insurance court shall have all the powers of a civil court for the purposes of summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects, administering oath and recording evidence and such court shall be deemed to be a civil court within the meaning of 1section 195 and chapter xxvi of the code of criminal procedure, 2 of . 2 the employees insurance court shall follow such procedure as may be prescribed by rules made by the state government. 3 all costs incidental to any proceeding before an employees insurance court shall, subject to such rules as may be made in this behalf by the state government, be in the discretion of the court. 4 an order of the employees insurance court shall be enforceable as if it were a decree passed in a suit by a civil court. 1. subs. by act 45 of , s. 9, for section 195 chapter xxxv of the code of criminal procedure, 5 of w.e.f. .

section 85a. of the employees state insurance act : 185a. enhanced punishment in certain cases after previous conviction.whoever, having been convicted by a court of an offence punishable under this act, commits the same offence shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 2two years and with fine of five thousand rupees: provided that where such subsequent offence is for failure by the employer to pay any contribution which under this act he is liable to pay, he shall, for every such subsequent offence, be punishable with imprisonment for a term which may extend to 3five years but which shall not be less than two years and shall also be liable to fine of twentyfive thousand rupees. 1. ins. by act 38 of , s. 5 w.e.f. . 2. subs. by act 29 of , s. 34, for one year or with fine which may extend to two thousand rupees, or both w.e.f. . 3. subs. by s. 35, ibid., for certain words w.e.f. .

section 86a. of the employees state insurance act : 186a. offences by companies.1 if the person committing an offence under this act is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, i company means any body corporate and includes a firm and other associations of individuals and ii director in relation to a a company, other than a firm, means the managing director or a wholetime director b a firm means a partner in the firm. 1. ins. by s. 38, ibid. w.e.f. .

section 83. of the employees state insurance act : where the corporation has presented an appeal against an order of the employees insurance court, that court may, and if so directed by the high court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

section 85. of the employees state insurance act : if any person a fails to pay any contribution which under this act he is liable to pay, or b deducts or attempts to deduct from the wages of an employee the whole or any part of the employers contribution, or c in contravention of section 72 reduces the wages or any privileges or benefits admissible to an employee, or d in contravention of section 73 or any regulation dismisses, discharges, reduces or otherwise punishes an employee, or e fails or refuses to submit any return required by the regulations, or makes a false return, or f obstructs any inspector or other official of the corporation in the discharge of his duties, or g is guilty of any contravention of or noncompliance with any of the requirements of this act or the rules or the regulations in respect of which no special penalty is provided, 1he shall be punishable 2i where he commits an offence under clause a, with imprisonment for a term which may extend to three years but a which shall not be less than one year, in case of failure to pay the employees contribution which has been deducted by him from the employees wages and shall also be liable to fine of ten thousand rupees b which shall not be less than six months, in any other case and shall also be liable to fine of five thousand rupees: provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term ii where he commits an offence under any of the clauses b to g both inclusive, with imprisonment for a term which may extend to one year or with fine which may extend to four thousand rupees, or with both. 1. subs. by act 38 of , s. 4, for certain words w.e.f. . 2. subs. by act 29 of , s. 33, for clauses i and ii w.e.f. .

section 84. of the employees state insurance act : whoever, for the purpose of causing any increase in payment or benefit under this act, or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorised by or under this act, or for the purpose of avoiding any payment to be made by himself under this act or enabling any other person to avoid any such payment, knowingly makes or causes to be made any false statement or false representation, shall be punishable with imprisonment for a term which may extend to 1six months or with fine not exceeding 2two thousand rupees, or with both: 3provided that where an insured person is convicted under this section, he shall not be entitled for any cash benefit under this act for such period as may be prescribed by the central government. 1. subs. by act 29 of , s. 32, for three months w.e.f. . 2. subs. by s. 32, ibid., for five hundred w.e.f. . 3. the proviso shall stand inserted date to be notified by s. 32, ibid.

section 87. of the employees state insurance act : the appropriate government, may, by notification in the official gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time. 1provided that such exemptions may be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act: provided further that an application for renewal shall be made three months before the date of expiry of the exemption period and a decision on the same shall be taken by the appropriate government within two months of receipt of such application. 1. ins. by act 18 of , s. 20 w.e.f. .

section 85b. of the employees state insurance act : 185b. power to recover damages.1 where an employer fails to pay the amount due in respect of any contribution or any other amount payable under this act, the corporation may recover, 2from the employer by way of penalty such damages not exceeding the amount of arrears as may be specified in the regulations: provided that before recovering such damages, the employer shall be given a reasonable opportunity of being heard: 3provided further that the corporation may reduce or waive the damages recoverable under this section in relation to an establishment which is a sick industrial company in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies special provisions act, 1 of , subject to such terms and conditions as may be specified in regulations. 2 any damages recoverable under subsection 1 may be recovered as an arrear of land revenue 3or under section 45c to section 45i. 1. ins. by act 38 of , s. 5 w.e.f. . 2. subs. by act 29 of , s. 35, for certain words w.e.f. . 3. ins. by s. 35, ibid. w.e.f. .

section 85c. of the employees state insurance act : 185c. power of court to make orders.1 where an employer is convicted of an offence for failure to pay any contribution payable under this act, the court may, in addition to awarding any punishment, by order, in writing, require him within a period specified in the order which the court may if it thinks fit and on application in that behalf, from time to time, extend, to pay the amount of contribution in respect of which the offence was committed, 1and to furnish the return relating to such contributions. 2 where an order is made under subsection 1, the employer shall not be liable under this act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the employer shall deemed to have committed a further offence and shall be punishable with imprisonment in respect thereof under section 85 and shall also be liable to pay fine which may extend to 2one thousand rupees for every day after such expiry on which the order has not been complied with. 1. ins. by act 38 of , s. 5 w.e.f. . 2. added by s. 36, ibid. w.e.f. . 3. subs. by s, 36, ibid., for one hundred w.e.f. .

section 86. of the employees state insurance act : 1 no prosecution under this act shall be instituted except by or with the previous sanction of the insurance commissioner 1or of such other officer of the corporation as may be authorised in this behalf by the 2director general of the corporation. 32 no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try any offence under this act. 3 no court shall take cognizance of any offence under this act except on a complaint made in writing in respect thereof 4 1. added by act 53 of , s. 22 w.e.f. . 2. subs. by act 44 of , s. 35, for central government w.e.f. . 3. subs. by act 29 of , s. 37, for subsection 2 w.e.f. . 4. certain words omitted by s. 37, ibid. w.e.f. .

section 88. of the employees state insurance act : the appropriate government may, by notification in the official gazette and subject to such conditions as it may deem fit to impose, exempt any persons or class of persons employed in any factory or establishment or class of factories or establishments to which this act applies from the operation of the act.

section 89. of the employees state insurance act : no exemption shall be granted or renewed under section 87 or section 88, unless a reasonable opportunity has been given to the corporation to make any representation it may wish to make in regard to the proposal and such representation has been considered by the appropriate government.

section 91b. of the employees state insurance act : 191b. misuse of benefits.if the central government is satisfied that the benefits under this act are being misused by insured persons in a factory or establishment, that government may, by order, published in the official gazette, disentitle such persons from such of the benefits as it thinks fit: provided that no such order shall be passed unless a reasonable opportunity of being heard is given to the concerned factory or establishment, insured persons and the trade unions registered under the trade unions act, 16 of having members in the factory or establishment. 1. ins. by act 29 of , s. 40 w.e.f.

section 90. of the employees state insurance act : the appropriate government may 1after consultation with the corporation, by notification in the official gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment belonging to 2 any local authority 3the operation of this act, if the employees in any such factory or establishment are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act. 1. ins. by act 44 of , s. 36 w.e.f. . 2. the words the government or omitted by act 29 of , s. 39 w.e.f. . 3. ins. by act 44 of , s. 36 w.e.f. .

section 93. of the employees state insurance act : all officers and servants of the corporation shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 91. of the employees state insurance act : the appropriate government may, with the consent of the corporation, by notification in the official gazette, exempt any employees or class of employees in any factory or establishment or class of factories or establishments from one or more of the provisions relating to the benefits provided under this act.

section 91a. of the employees state insurance act : 191a. exemptions to be either prospective or retrospective.any notification granting exemption under section 87, section 88, section 90 or section 91 may be issued so as to take effect 2prospectively on such date as may be specified therein. 1. ins. by act 44 of, , s. 37 w.e.f. . 2. subs. by act 18 of , s. 21, for either prospectively or retrospectively w.e.f. .

section 93a. of the employees state insurance act : 193a. liability in case of transfer of establishment.where an employer, in relation to a factory or establishment, transfers that factory or establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the factory or establishment is so transferred shall jointly and severally be liable to pay the amount due in respect of any contribution or any other amount payable under this act in respect of the periods up to the date of such transfer: provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. 1. ins. by act 38 of , s. 6 w.e.f.

section 91aa. of the employees state insurance act : 191aa. central government to be appropriate government.notwithstanding anything contained in this act, in respect of establishments located in the states where medical benefit is provided by the corporation, the central government shall be the appropriate government. 1. ins. by s. 22, ibid. w.e.f. .

section 91c. of the employees state insurance act : 191c. writing off of losses.subject to the conditions as may be prescribed by the central government, where the corporation is of opinion that the amount of contribution, interest and damages due to the corporation is irrecoverable, the corporation may sanction the writing off finally of the said amount. 1. ins. by act 29 of , s. 40 w.e.f.

section 96. of the employees state insurance act : 1 the state government may, 1after consultation with the corporation and subject to the condition of previous publication, make rules not inconsistent with this act in regard to all or any of the following matters, namely: a the constitution of employees insurance courts, the qualifications of persons who may be appointed judges thereof, and the conditions of service of such judges b the procedure to be followed in proceedings before such courts and the execution of orders made by such courts c the fee payable in respect of applications made to the employees insurance court, the costs incidental to the proceedings in such court, the form in which applications should be made to it and the particulars to be specified in such applications d the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons or their families to any such hospital, dispensary or other institution e the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or institution, the keeping of medical records and the furnishing of statistical returns 2ee the organisational structure, functions, powers, activities and other matters for the establishment of the organisation f the nature and extent of the staff, equipment and medicine that shall be provided at such hospitals, dispensaries and institutions g the conditions of service of the staff employed at such hospitals dispensaries and institutions and h any other matter which is required or allowed by this act to be prescribed by the state government. 2 rules made under this section shall be published in the official gazette and thereupon shall have effect as if enacted in this act. 33 every rule made under this section shall be laid as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or, where such legislature consists of one house, before that house. 1. ins. by act 44 of , s. 39 w.e.f. . 2. ins. by act 18 of , s. 24 w.e.f. . 3. ins. by act 45 of , s. 11 w.e.f. .

section 92. of the employees state insurance act : 11 the central government may give directions to a state government as to the carrying into execution of this act in the state. 22 the central government may, from time to time, give such directions to the corporation as it may think fit for the efficient administration of the act, and if any such direction is given, the corporation shall comply with such direction. 1. section 92 renumbered as subsection 1 thereof by s. 41, ibid. w.e.f. . 2. ins. by s. 41, ibid. w.e.f. .

section 95. of the employees state insurance act : 1 the central government may, 1after consultation with the corporation and subject to the condition of previous publication, make rules not inconsistent with this act for the purpose of giving effect to the provisions thereof. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 2a the limit of wages beyond which a person shall not be deemed to be an employee ab the limit of maximum monthly salary for the purpose of subsection 1 of section 17 3ac the manner in which 4appointments and elections of members of the corporation, the standing committee and the medical benefit council shall be made b the quorum at meetings of the corporation, the standing committee and the medical benefit council and the minimum number of meetings of those bodies to be held in a year c the records to be kept of the transaction of business by the corporation, the standing committee and the medical benefit council d the powers and duties of the 5director general and the financial commissioner and the conditions of their service e the powers and duties of the medical benefit council 6ea the types of expenses which may be termed as administrative expenses, the percentage of income of the corporation which may be spent for such expenses eb the rates of contributions and limits of wages below which employees are not liable to pay contribution ec the manner of calculation of the average daily wage ed the manner of certifying the certificate to recover amount by the recovery officer ee the amount of funeral expenses ef the qualifications, conditions, rates and period of sickness, benefit, maternity benefit, disablement benefit and dependents benefit 7eff the income of dependant parents from all sources eg the conditions for grant of medical benefits for insured persons who cease to be in insurable employment on account of permanent disablement eh the conditions for grant of medical benefits for persons who have attained the age of superannuation 8ehh the conditions under which the medical benefits shall be payable to the insured person and spouse of an insured person who has attained the age of superannuation, the person who retires under voluntary retirement scheme and the person who takes premature retirement 9 10ei the manner in which and the time within which appeals may be filed to medical appeal tribunals or employees insurance courts f the procedure to be adopted in the execution of contracts g the acquisition, holding and disposal of property by the corporation h the raising and repayment of loans i the investment of the funds of the corporation and of any provident or other benefit fund and their transfer or realisation j the basis on which the periodical valuation of the assets and liabilities of the corporation shall be made k the bank or banks in which the funds of the corporation may be deposited, the procedure to be followed in regard to the crediting of moneys accruing or payable to the corporation and the manner in which any sums may be paid out of the corporation funds and the officers by whom such payment may be authorised l the accounts to be maintained by the corporation and the forms in which such accounts shall be kept and the times at which such accounts shall be audited m the publication of the accounts of the corporation and the report of auditors, the action to be taken on the audit report, the powers of auditors to disallow and surcharge items of expenditure and the recovery of sums so disallowed or surcharged n the preparation of budget estimates and of supplementary estimates and the manner in which such estimates shall be sanctioned and published o the establishment and maintenance of provident or other benefit fund for officers and servants of the corporation 11 12oa the period of nonentitlement for cash benefit in case of conviction of an insured person p any matter which is required or allowed by this act to be prescribed by the central government. 132a the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interest of any person other than the corporation to whom such rule may be applicable. 3 rules made under this section shall be published in the official gazette and thereupon shall have effect as if enacted in this act. 144 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 15or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule of both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 44 of , s. 38 w.e.f. . 2. ins. by act 29 of , s. 43 w.e.f. . 3. clause a relettered as clause ac by s. 43, ibid. w.e.f. . 4. subs. by s. 43, ibid., for nominations w.e.f. . 5. subs. by s. 43, ibid., for principal officers w.e.f. . 6. ins. by s. 43, ibid. w.e.f. . 7. ins. by act 18 of , s. 23 w.e.f. . 8. ins. by act 18 of , s. 23 w.e.f. . 9. ins. by act 44 of , s. 38 w.e.f. . 10. clause ee relettered as clause ei by act 29 of , s. 43 w.e.f. . 11. the word and omitted by s. 43, ibid. w.e.f. . 12. ins. by s. 43, ibid. w.e.f. . 13. ins. by act 45 of , s. 10 w.e.f. . 14. ins. by act 44 of , s. 38 w.e.f. . 15. subs. by act 38 of , s. 7, for certain words w.e.f. .

section 97. of the employees state insurance act : 1 the corporation may, 1 subject to the condition of previous publications, make regulations, not inconsistent with this act and the rules made thereunder, for the administration of the affairs of the corporation and for carrying into effect the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: i the time and place of meetings of the corporation, the standing committee and the medical benefit council and the procedure to be followed at such meetings 2ia the time within which and the manner in which a factory or establishment shall be registered ii the matters which shall be referred by the standing committee to the corporation for decision iii the manner in which any contribution payable under this act shall be assessed and collected 3iiia the rate of interest higher than twelve per cent. on delayed payment of contributions iv reckoning of wages for the purpose of fixing the contribution payable under this act 4iva the register of employees to be maintained by the immediate employer ivb the entitlement of sickness benefit or disablement benefit for temporary disablement on any day on which person works or remains on leave or on holiday and in respect of which he receives wages or for any day on which he remains on strike v the certification of sickness and eligibility for any cash benefit. 5vi the method of determining whether an insured person is suffering from one or more of the diseases specified in the third schedule vii the assessing of the money value of any benefit which is not a cash benefit viii the time within which 6and the form and manner in which any claim for a benefit may be made and the particulars to be specified in such claim ix the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, reduced or otherwise punished x the manner in which and the place and time at which any benefit shall be paid xi the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependants benefits, may be allowed and the method of calculating the commutation value xii the notice of pregnancy or of confinement and notice and proof of sickness 5xiia specifying the authority competent to give certificate of eligibility for maternity benefit xiib the manner of nomination by an insured woman for payment of maternity benefit in case of her or her childs death xiic the production of proof in support of claim for maternity benefit or additional maternity benefit xiii the conditions under which any benefit may be suspended xiv the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons 7 xvi the appointment of medical practitioners for the purposes of this act, the duties of such practitioners and the form of medical certificates 5xvia the qualification and experience which a person should possess for giving certificate of sickness xvib the constitution of medical boards and medical appeal tribunals xvii the penalties for breach of regulations by fine not exceeding two days wages for a first breach and not exceeding three days wages for any subsequent breach which may be imposed on employees 4xviia the amount of damages to be recovered as penalty xviib the terms and conditions for reduction or waiver of damages in relation to a sick industrial company xviii the circumstances in which and the conditions subject to which any regulation may be relaxed, the extent of such relaxation, and the authority by whom such relaxation may be granted 8xix the returns to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, registers or records, and the times at which such returns should be submitted and the particulars which such returns, registers and records should contain xx the duties and powers of 9social security officers and other officers and servants of the corporation 10xxa the constitution of the appellate authority and the interest on amount deposited by the employer with the corporation. 11xxi the method of recruitment, pay and allowances, discipline, superannuation benefits and other conditions of service of the officers and servants of the corporation other than the 12director general and financial commissioner xxii the procedure to be followed in remitting contributions to the corporation and xxiii any matter in respect of which regulations are required or permitted to be made by this act. 132a the condition of previous publication shall not apply to any regulations of the nature specified in clause xxi of subsection 2. 3 regulations made by the corporation shall be published in the gazette of india and thereupon shall have effect as if enacted in this act. 144 every regulation shall, as soon as may be, after it is made by the corporation, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessiion immediatly following the session the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that regulation. 1. the words with the prior approval of the central government omitted by act 29 of , s. 44 w.e.f. . 2. ins. by act 44 of , s. 40 w.e.f. . 3. subs. by act 29 of , s. 44, for clause iiia w.e.f. . 4. ins. by s. 44, ibid. w.e.f. . 5. subs. by act 44 of , s. 40, for clause vi w.e.f. . 6. subs. by s. 40, ibid., for and the form in which w.e.f. . 7. omitted by act 29 of , s. 44 w.e.f. . 8. subs. by act 53 of , s. 25, for clause xix w.e.f. . 9. subs. by act 18 of , s. 25, for inspectors w.e.f. . 10. ins. by s. 25, ibid. w.e.f. . 11. subs. by act 53 of , s. 25, for clause xxi w.e.f. . 12. subs. by act 29 of , s. 44, for principal officers w.e.f. . 13. ins. by act 53 of , s. 25 w.e.f. . 14. ins. by act 45 of , s. 12 w.e.f. .

section 98. of the employees state insurance act : corporation may undertake duties in part b. states. omitted by the employees state insurance amendment act, 53 of , s. 26.

section 94., due to corporation to have priority over other debts. of the employees state insurance act : there shall be deemed to be included among the debts which, under section 49 of the presidencytowns insolvency act, 3 of or under section 61 of the provincial insolvency act, 5 of , 1or under any law relating to insolvency in force 2in the territories which, immediately before the 1st november, were comprised in a part b state, 3or under section 530 of the companies act, 1 of , are, in the distribution of the property of the insolvent or in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any other amount payable under this act the liability where for accured before the date of the order of adjudication of the insolvent or the date of the winding up, as the case may be. 1. ins. by act 53 of , s. 23 w.e.f. . 2. subs. by a.o. no. 3, , for in a part b state. 3. subs. by act 29 of , s. 42, for or under section 230 of the indian companies act, 7 of w.e.f. .

section 100. of the employees state insurance act : 1100. repeals and savings.if, immediately before the day on which this act comes into force 2in any part of the territories which, immediately before the 1st november, , were comprised in a part b state, there is in force in 3that part any law corresponding to this act, that law shall, on such day, stand repealed: provided that the repeal shall not affect a the previous operations of any such law, or b any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law, or c any investigation or remedy in respect of any such penalty, forfeiture or punishment and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that subject to the preceding proviso anything done or any action taken under any such law shall be deemed to have been done or taken under the corresponding provision of this act and shall continue in force accordingly unless and until superseded by anything done or any action taken under this act. 1. ins. by act 53 of , s. 27 w.e.f. . 2. subs. by the a.o. no. 3 , for in a part b state. 3. subs., ibid. , for that state.

section 94a. of the employees state insurance act : 194a. delegation of powers.the corporation, and, subject to any regulations made by the corporation in this behalf, the standing committee may direct that all or any of the powers and functions which may be exercised or performed by the corporation or the standing committee, as the case may be, may, in relation to such matters and subject to such conditions, if any, as may be specified, be also exercisable by any officer or authority subordinate to the corporation. 1. ins. by act 53 of , s. 24 w.e.f. .

section 99. of the employees state insurance act : 199. medical care for the families of insured persons.at any time when its funds so permit, the corporation may provide or contribute towards the cost of medical care for the families of insured persons. 1. subs. by act 29 of , s. 45, for section 99 w.e.f. .

section 99a. of the employees state insurance act : 199a. power to remove difficulties.1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions or give such directions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty. 2 any order made under this section shall have effect notwithstanding anything inconsistent therewith in any rules or regulations made under this act. 1. ins. by act 44 of , s. 41 w.e.f. .

section 7. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : as from the commencement of this act, in the goa, daman and diu judicial commissioners court regulation, reg. 10 of , i in section 8, in subsection 1, the words subject to the provisions of any law for the time being in force shall be inserted at the commencement ii in section 16, after the words subject to the provisions of this regulation, the words and until other provision is made by law shall be inserted iii in section 17, in subsection 1, after the word shall, the words , until other provision is made by law,, shall be inserted.

The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965

section 1. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : 1 this act may be called the goa, daman and diu extension of the code of civil procedure and the arbitration act act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th, june, , vide notification no. s.o. e, dated 24th, june, , see gazette of india, extraordinary part ii, sec. 3ii.

section 3. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : the code of civil procedure, 5 of , and the arbitration act, 10 of , as in force in the territories to which they generally extend, are hereby extended to, and shall be in force in, goa, daman and diu.

section 6. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : if any difficulty arises in giving effect in goa, daman and diu to the provisions of the code of civil procedure, 5 of , or the arbitration act, 10 of , extended by this act to that union territory, the central government may, by order in the official gazette, make such provisions or give such directions as appear to it to be necessary for the removal of the difficulty.

section 2. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : in this act, unless the context otherwise requires, a goa, daman and diu means the union territory of goa, daman and diu b lieutenantgovernor means the administrator of goa, daman and diu appointed by the president under article 239 of the constitution.

section 5. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : 1 in the code of civil procedure, 5 of , and in the arbitration act, 10 of , a any reference to any provision of law not in force, or to any functionary not in existence, in goa, daman and diu shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that union territory: provided that i if any question arises as to who that corresponding functionary is, or ii if there is no such corresponding functionary, the lieutenantgovernor shall decide as to who such functionary will be and his decision shall be final b any reference to the state government shall be construed as a reference to the central government and also as including a reference to the lieutenantgovernor. 2 for the purpose of facilitating the application in relation to goa, daman and diu of the said code or the said act, any court or other authority may construe it in such manner not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority.

section 4. of the goa daman and diu extension of the code of civil procedure and the arbitration act act : 1 so much of any law in force in goa, daman and diu as corresponds to the code of civil procedure, 5 of , or the arbitration act, 10 of , or any part of the said code or act, as the case may be, shall stand repealed as from the coming into force of this act in goa, daman and diu: provided that the repeal shall not affect a the previous operation of any law so repealed or anything duly done or suffered thereunder, or b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or c any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this act had not been passed: provided further that, subject to the preceding proviso, notifications published, declarations and rules made, places appointed, agreements filed, awards made or filed, scales prescribed, forms framed, appointments made and powers conferred under any law so repealed shall, so far as they are consistent with the said code or, as the case may be, the said act have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under the said code or the said act and by the authority empowered thereby in such behalf. 2 in every law or notification passed or issued before the commencement of this act in which reference is made to or to any chapter or section or provision of any law hereby repealed, such reference shall, so far as may be practicable, be taken to be made to the said code or, as the case may be, to the said act or its corresponding part, order, section or rule.

section 2. of the religious societies act : when any body of persons associated for the purpose of maintaining religious worship has acquired, or hereafter shall acquire, any property, and such property has been or hereafter shall be vested in trustees in trust for such body, and it becomes necessary to appoint a new trustee in the place of or in addition to any such trustee or any trustee appointed in the manner hereinafter prescribed, and no manner of appointing such new trustee is prescribed by any instrument by which such property was so vested or by which the trusts on which it is held have been declared, or such new trustee cannot for any reason be appointed in the manner so prescribed, such new trustee may be appointed in such manner as may be agreed upon by such body, or by a majority of not less than twothirds of the members of such body actually present at the meeting at which the appointment is made.

section 8. of the religious societies act : nothing in sections 6 and 7 shall be deemed to affect any provision contained in any instrument for the dissolution of such body, or for the payment or distribution of such property.

section 1. of the religious societies act : this act may be called the religious societies act, . local extent.it 1 shall extend to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states, but nothing herein contained shall apply to any hindus, muhammadans or buddhists, or to any persons whom the state government may from time to time, by notification in the official gazette, exclude from the operation of this act. 1 the words shall come into force at once, and omitted by act 10 of , s. 3 and the second schedule. 2. subs. by the adaptation of laws no. 2 order, , for part b states.

section 4. of the religious societies act : when any new trustees have been appointed, whether in the manner prescribed by any such instrument as aforesaid or in the manner hereinbefore provided, the property subject to the trust shall forthwith, notwithstanding anything contained in any such instrument, become vested, without any conveyance or other assurance, in such new trustees and the old continuing trustees jointly, or, if there are no old continuing trustees, in such new trustees wholly, upon the same trusts, and with and subject to the same powers and provisions, as it was vested in the old trustees.

section 3. of the religious societies act : every appointment of new trustees under section 2 shall be made to appear by some memorandum under the hand of the chairman for the time being of the meeting at which such appointment is made. such memorandum shall be in the form set forth in the schedule hereto annexed, or as near thereto as circumstances allow, shall be executed and attested by two or more credible witnesses in the presence of such meeting, and shall be deemed to be a document of which the registration is required by the indian registration act, 3 of , section 17. 1 see now the indian registration act, 16 of .

section 9. of the religious societies act : when any question arises, either in connection with the matters hereinbefore referred to, or otherwise, as to whether any person is a member of any such body as aforesaid, or as to the validity of any appointment under this act, any person interested in such question may apply by petition to the high court for its opinion on such question. a copy of such petition shall be served upon, and the hearing thereof may be attended by, such other persons interested in the question as the court thinks fit. any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree1. the costs of every application under this section shall be in the discretion of the court. 1 as to effect of a declaratory decree, see the specific relief act , s. 35.

section 5. of the religious societies act : nothing herein contained shall be deemed to invalidate any appointment of new trustees, or any conveyance of any property, which may hereafter be made as heretofore was by law required.

section 6. of the religious societies act : any number not less than threefifths of the members of any such body as aforesaid may at a meeting convened for the purpose determine that such body shall be dissolved and thereupon it shall be dissolved forthwith, or at the time then agreed upon and all necessary steps shall be taken for the disposal and settlement of the property of such body, its claims and liabilities, according to the rules of such body applicable thereto, if any, and, if not, then as such body at such meeting may determine: provided that, in the event of any dispute arising among the members of such body, the adjustment of its affairs shall be referred to the principal court of original civil jurisdiction of the district in which the chief building of such body is situate and the court shall make such order in the matter as it deems fit.

section 7. of the religious societies act : if upon the dissolution of any such body there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of such body or any of them, but shall be given to some other body of persons associated for the purpose of maintaining religious worship or some other religious or charitable purpose to be determined by the votes of not less than threefifths of the members present at a meeting convened in this behalf, or in default thereof by such court as last aforesaid.

section 8.. of the indian tolls army and air force act : repeals. rep. by the repealing and amending act, 10 of , s. 3 and the second schedule.

section 1. of the indian tolls army and air force act : 1 this act may be called the indian tolls 1army and air force act, 22 it extends to the whole of india 3. 3 it shall come into force on the first day of april, . 1. subs. by act 14 of , s. 2, for army. 2. subs. by the a.o. for subsection 2. 3. the words except part b states omitted by act 3 of . s. 3 and the schedule.

section 2. of the indian tolls army and air force act : 12. definitions.in this act, unless there is anything repugnant in the subject or context, a the expression authorised followers means persons other than officers, soldiers or airmen, who are employed by, or are in the service of, the forces or corps concerned, or are in the service of any officer, soldier or airman of such forces or corps b carriage means a vehicle for carriage or haulage other than one specially constructed for use on rails c ferry includes every bridge and other thing which is a ferry within the meaning of any enactment authorising the levy of tolls on ferries, but does not include any ferry or other thing which is included in the definition of railway in section 3 of the indian railways act, 9 of 2d the expression the regular forces means the regular army as defined in clause xxi of section 3 of the army act, 46 of , and includes the air force as defined in clause iv of section 4 of the air force act, 45 of e horse includes a mule and any beast of whatever description which is used for burden or draught or for carrying persons f the expression irregular corps means any force other than 3the regular forces or4the territorial army or the national cadet corps raised and maintained in india under the authority of the central government, 5 or any other force which may be notified in this behalf by order published in the official gazette g the expression indian reserve forces means the forces constituted by the indian reserve forces act, 5 of and includes officers belonging to the army in india reserve of officers or to the 6regular reserve of officers and members of 7 the indian air force volunteer reserve when subject to military or air force law, as the case may be h landingplace includes a pier, wharf, quay jetty and a stage whether fixed or floating i public authority, means the central government 8 or a state government or a local authority and, so far as regards tolls levied by a railway company under section 4 of the indian guaranteed railways act, 42 and 43 vict. c. 41, or section 51 of the indian railways act, 9 of , includes such a railway company and j tolls includes duties, dues, rates, rents, fees and charges, but does not include customs duties levied under the indian tariff act, 32 of , octroi duties or town duties on the import of goods, or fares paid for the conveyance of passengers on a tramway. 1. subs. by act 14 of , s. 3, for section 2. 2. subs. by act 3 of , s. 3 and the first schedule, for clause d. 3. ins. by the a.o. . 4. subs. by act 3 of , s. 3 and the schedule, for the auxiliary force india or the indian territorial force. 5. the words or of the crown representative omitted by the a. o. . 6. subs. by act 3 of , s. 3 and the schedule, for indian regular reserve of officers 7. the words the royal air force volunteer reserve and omitted by the a.o.. 8. the words or the federal railway authority omitted by the a.o..

section 3. of the indian tolls army and air force act : the following persons and property, namely : 1a all officers, soldiers and airmen of i 2the regular forces ii any irregular corps. 3 4 b all members of 5the territorial army or of the national cadet corps, when on duty or when proceeding to or returning from duty, c all officers, soldiers and airmen of the indian reserve forces when proceeding from their place of residence on being called out for service, training, or muster or when proceeding back to their place of residence after such service, training or muster, d all authorised followers of i 2the regular forces 6ii the territorial army or the national cadet corps, iii any irregular corps. 7 8 e all members of the families of officers, soldiers, airmen or authorised followers of i 2the regular forces or ii any irregular corps, when accompanying anybody of troops, or any officer, soldier, airman or authorised follower thereof on duty or on the march, f all prisoners under military or air force escort, g the carriages, horses, and baggage, and the persons if any employed in driving the carriages or in carrying the baggage, of any persons exempted under any of the foregoing clauses, when such carriages, horses, baggage, or persons accompanying the persons so exempted under the circumstances mentioned in those clauses respectively 9h all carriages and horses belonging to government or employed 10in the indian military 11or airforce service and all persons in charge of or accompanying the same, when conveying any such persons as hereinbefore in this section mentioned or when conveying baggage or stores, or when returning, unladen from conveying such persons, baggage or stores, 9i all carriages and horses, when moving under the orders of military 11 or airforce authority for the purpose of being employed 10in the indian military 11or airforce service. 9j all animals accompanying any body of troops which are intended to be slaughtered for food or kept for any purpose connected with the provisioning of such troops, and 9k all persons in charge of any carriage, horse or animal exempted under any of the foregoing clauses when accompanying the same under the circumstances mentioned in those clauses respectively, shall be exempted from payment of any tolls i on embarking or disembarking, or on being shipped or landed, from or upon any landingplace, or ii in passing along or over any turnpike or other road or bridge, or iii on being carried by means of any ferry, otherwise demandable by virtue of any act, ordinance, regulation, order or direction of any legislature or other public authority in 12india: provided that nothing in this section shall exempt any boats, barges or other vessels employed in conveying the said persons or property along any canal from payment of tolls in like manner as other boats, barges and vessels. 13explanation.the persons or property exempted under clauses d, e g and j shall be deemed to accompany the forces, troops, persons or property concerned, when the move of the former is the direct result of, or is connected with the move of the latter, irrespective of the interval of space and time between the two moves. 1. subs. by act 14 of , s. 4, for clauses a to h. 2. subs. by the a.o. for his majestys regular forces. 3. the word or in subclause ii omitted by the adaptation of laws no. 2 order . 4. subclause iii omitted by the adaptation of laws no. 2 order . 5. subs. by act 3 of , s. 3 and the schedule, for the auxiliary force india or of the indian territorial force. 6. subs. by s. 3 and the schedule, ibid., for the former subclause a. 7. the word or in subclause iii omitted by the adaptation of laws no. 2 order . 8 . subclause iv omitted by the adaptation of laws no. 2 order . 9. clauses i, j, k and l relettered h, i, j and k respectively by act 14 of . s. 4. 10. subs. by the a.o. , for in his majestys. 11. ins. by act 10 of , s. 2 and the first schedule. 12. subs. by act 3 of , s. 3 and the schedule, for a part a state or a part c state. 13. added by act 14 of , s. 4.

section 7. of the indian tolls army and air force act : show related subordinates 1 the central government 1 may make rules to carry out the purposes and objects of this act. 2 in particular and without prejudice to the generality of the foregoing power, the central government 2 may make rules providing for the form of passes to be given to persons or bodies of persons or in respect of property entitled to exemption from the payment of tolls under this act. 3 the power to make rules under this section is subject to the condition of the rules being made after previous publication. 4 all rules made under this section shall be published in the official gazette 3 and, on such publication, shall have effect as if enacted by this act. 45 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words and the l.g. with the previous sanction of the g.g. in c., omitted, ibid., 2. the words or the l g. with the previous sanction of the g.g. in c., omitted, ibid. 3. the words or in the local official gazette omitted, ibid. 4. ins. by act 20 of , s. 2 and the schedule w. e. f. .

section 5. of the indian tolls army and air force act : any person who demands and receives any toll in contravention of the provisions of section 3 or section 4 shall he punishable with fine which may extend to fifty rupees.

section 4., of troops embarked or disembarked. of the indian tolls army and air force act : 1 no tolls shall be leviable by any local authority in respect of a any vessel employed by 3the central government solely for the transport of troops, or b the horses, baggage or other effects of any troops embarking or disembarking at any port, or c carriages belonging to government or employed 1 in the indian military 2or airforce service embarking or disembarking at any port. 2 in respect of all such vessels or troops, their families, their horses, baggage, and their effects, or any such carriages as aforesaid, the local authority concerned shall. in addition to its duties in the embarking and disembarking of the same, perform and supply all such reasonable services and accommodation as may, from time to time, be required by 3the central government, and shall receive payment for all such services and accommodation on such terms and for such periods as may, from time to time, be determined by the central government in consultation with such local authority. 1. subs. by the a.o. , for in his majestys. 2. ins. by act 10 of , s. 2 and the first schedule. 3. subs. by the a.o. , for the government.

section 6. of the indian tolls army and air force act : 1 if any owner or lessee, or any company, railway administration or local authority claims compensation for any loss alleged to have been incurred owing to the operation of this act, the claim shall he submitted to the 1central government. 2 on receiving any such claim, the 1central government 3 shall pass such order thereon as justice requires, and shall give all necessary directions for the purpose of ascertaining the fact of the case and of assessing the compensation, if any, to be paid. 1. subs. by the a.o. , for l. g.. 2. the words subject to the control of the g. g. in c. omitted, ibid.

section 8. of the finance commission miscellaneous provisions act : 1 the commission shall determine their procedure and in the performance of their functions shall have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the production of any document c requisitioning any public record from any court or office. 2 the commission shall have power to require any person to furnish information on such points or matters as in the opinion of the commission may be useful for, or relevant to, any matter under the consideration of the commission 1and any person so required shall, notwithstanding anything contained in subsection 2 of section 54 of the indian income tax act, or in any other law for the time being in force, be deemed to be legally bound to furnish such information within the meaning of section 176 of the indian penal code 45 of . 3 the commission shall be deemed to be a civil court for the purposes of sections 480 and 482 of the code of criminal procedure, 5 of . explanation.for the purposes of enforcing the attendance of witnesses, the local limits of the commissions jurisdiction shall be the limits of the territory of india. 1. added by act 13 of , s. 2.

section 1. of the finance commission miscellaneous provisions act : this act may be called the finance commission miscellaneous provisions act, .

section 7. of the finance commission miscellaneous provisions act : show related subordinates 11 the members of the commission shall render wholetime or parttime service to the commission as the president may in each case specify, and there shall be paid to the members of the commission such fees or salaries and such allowances as the central government may, by rules made 1by notification in the official gazette in this behalf, determine. 22 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 7 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 2. of the finance commission miscellaneous provisions act : in this act, the commission means the finance commission constituted by the president pursuant to clause 1 of article 280 of the constitution

section 3. of the finance commission miscellaneous provisions act : the chairman of the commission shall be selected from among persons who have had experience in public affairs, and the four other members shall be selected from among persons who a are, or have been, or are qualified to be appointed as judges of a high court or b have special knowledge of the finances and accounts of government or c have had wide experience in financial matters and in administration or d have special knowledge of economies.

section 6. of the finance commission miscellaneous provisions act : every member of the commission shall hold office for such period as may be specified in the order of the president appointing him, but shall be eligible for reappointment: provided that he may, by letter addressed to the president, resign his office.

section 4. of the finance commission miscellaneous provisions act : before appointing a person to be a member of the commission, the president shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially his functions as a member of the commission and the president shall also satisfy himself from time to time with respect to every member of the commission that he has no such interest and any person who is, or whom the president proposes to appoint to be, a member of the commission shall, whenever required by the president so to do, furnish to him such information as the president considers necessary for the performance by him of his duties under this section.

section 5. of the finance commission miscellaneous provisions act : a person shall be disqualified for being appointed as, or for being, a member of the commission, a if he is of unsound mind b if he is an undischarged insolvent c if he has been convicted of an offence involving moral turpitude d if he has such financial or other interest as is likely to affect prejudicially his functions as a member of the commission.

section 6. of the interest act : 1 as from the commencement of this act, the interest act, 32 of and any other law corresponding thereto in force in any state immediately before such commencement shall stand repealed. 2 the provisions of this act shall not apply to any suit or other legal proceeding pending at the commencement of this act and the provisions of the corresponding law applicable immediately before such commencement shall, notwithstanding the repeal of such law by subsection 1, continue to apply to such suit or other legal proceeding. 3 the mention of particular matters in subsection 2 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of , with regard to the effect of repeal.

section 1. of the interest act : 1 this act may be called the interest act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date as the central government may, by notification in the official gazette, appoint. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the interest act : nothing in this act shall affect the provisions of section 34 of the code of civil procedure, 5 of .

section 2. of the interest act : in this act, unless the context otherwise requires, a court includes a tribunal and an arbitrator b current rate of interest means the highest of the maximum rates at which interest may be paid on different classes of deposits other than those maintained in savings account or those maintained by charitable or religious institutions by different classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the reserve bank of india under the banking regulation act, 10 of . explanation.in this clause, scheduled bank means a bank, not being a cooperative bank, transacting any business authorised by the banking regulation act, 10 of c debt means by liability for an ascertained sum of money and includes a debt payable in kind, but does not include a judgment debt d personal injuries includes any disease and any impairment of a persons physical or mental condition e all other words and expressions used herein but not defined and defined in the reserve bank of india act, 2 of , shall have the meanings respectively assigned to them in that act.

section 4. of the interest act : 1 notwithstanding anything contained in section 3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule of law or usage having the force of law. 2 notwithstanding as aforesaid, and without prejudice to the generality of the provisions of subsection 1, the court shall, in each of the following cases, allow interest from the date specified below to the date of institution of the proceedings at such rate as the court may consider reasonable, unless the court is satisfied that there are special reasons why interest should not be allowed, namely: a where money or other property has been deposited as security for the performance of an obligation imposed by law or contract, from the date of the deposit b where the obligation to pay money or restore any property arises by virtue of a fiduciary relationship, from the date of the cause of action c where money or other property is obtained or retained by fraud, from the date of the cause of action d where the claim is for dower or maintenance, from the date of the cause of action.

section 3. of the interest act : 1 in any proceedings for the recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest, for the whole or part of the following period, that is to say, a if the proceedings relate to a debt payable by virtue of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings b if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings: provided that where the amount of the debt or damages has been repaid before the institution of the proceedings, interest shall not be allowed under this section for the period after such repayment. 2 where, in any such proceedings as are mentioned in subsection 1, a judgment, order or award is given for a sum which, apart from interest on damages, exceeds four thousand rupees, and b the sum represents or includes damages in respect of personal injuries to the plaintiff or any other person, or in respect of a persons death, then, the power conferred by that subsection shall be exercised so as to include in that sum interest on those damages or on such part of them as the court considers appropriate for the whole or part of the period from the date mentioned in the notice to the date of institution of the proceedings, unless the court is satisfied that there are special reasons why no interest should be given in respect of those damages. 3 nothing in this section, a shall apply in relation to i any debt or damages upon which interest is payable as of right, by virtue of any agreement or ii any debt or damages upon which payment of interest is barred, by virtue of an express agreement b shall affect i the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as defined in the negotiable instruments act, 26 of or ii the provisions of rule 2 of order ii of the first schedule to the code of civil procedure, 5 of c shall empower the court to award interest upon interest.

section 6. of the public financial institutions obligation as to fidelity and secrecy act : amendment of act 63 of . rep. by s. 2 and the first schedule, ibid. w.e.f. .

The Public Financial Institutions (Obligation as to Fidelity and Secrecy) Act, 1983

section 1. of the public financial institutions obligation as to fidelity and secrecy act : this act may be called the public financial institutions obligation as to fidelity and secrecy act, .

section 2. of the public financial institutions obligation as to fidelity and secrecy act : 1 in this act, public financial institution means a the industrial credit and investment corporation of india limited, a company formed and registered under the indian companies act, 7 of b the industrial reconstruction corporation of india limited, a company formed and registered under the companies act, 1 of or c any other institution, being a company as defined in section 617 of the companies act, 1 of or a company to which the provisions of section 619 of that act apply, which the central government may, having regard to the nature of the business carried on by such institution, by notification in the official gazette, specify to be a public financial institution for the purposes of this act. 2 every notification issued under clause c of subsection 1 shall, as soon as may be, after it is issued, be laid before each house of parliament.

section 5. of the public financial institutions obligation as to fidelity and secrecy act : amendment of act 15 of . rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f. .

section 3. of the public financial institutions obligation as to fidelity and secrecy act : 1 a public financial institution shall not, except as otherwise provided in subsection 2 or in any other law for the time being in force, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage, customary among bankers, necessary or appropriate for the public financial institution to divulge such information. 2 a public financial institution may, for the purpose of efficient discharge of its functions, collect from, or furnish to, a the central government or b the state bank of india constituted under section 3 of the state bank of india act, 23 of , any subsidiary bank within the meaning of the state bank of india subsidiary banks act, 38 of , any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , any other scheduled bank within the meaning of the reserve bank of india act, 2 of or c any other public financial institution, such credit information or other information as it may consider useful for the purpose, in such manner and at such time as it may think fit. explanation.for the purposes of this subsection, the expression credit information shall have the same meaning as in clause c of section 45a of the reserve bank of india act, 2 of subject to the modification that the banking company referred to therein shall mean a bank referred to in clause b of this subsection or a public financial institution. 13 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 4. of the public financial institutions obligation as to fidelity and secrecy act : every director, member of any committee, auditor or officer or any other employee of a public financial institution to which this act applies, shall, a before entering upon his duties or b where he has entered upon his duties as such before the date on which this act became applicable to such institution, within thirty days from the date on which this act became applicable to such institution, make a declaration of fidelity and secrecy in the form set out in the schedule to this act.

section 8. of the places of worship special provisions act : amendment of act 43 of .rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 1. of the places of worship special provisions act : 1 this act may be called the places of worship special provisions act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 the provisions of sections 3, 6 and 8 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 11th day of july, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the places of worship special provisions act : in this act, unless the context otherwise requires, acommencement of this act means the commencement of this act on the 11th day of july, b conversion, with its grammatical variations, includes alteration or change of whatever nature c place of worship means a temple, mosque, gurudwara, church, monastery or any other place of public religious worship of any religious denomination or any section thereof, by whatever name called.

section 3. of the places of worship special provisions act : no person shall convert any place of worship of any religious denomination or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section thereof.

section 5. of the places of worship special provisions act : nothing contained in this act shall apply to the place or place of worship commonly known as ram janma bhumibabri masjid situated in ayodhya in the state of uttar pradesh and to any suit, appeal or other proceeding relating to the said place or place of worship.

section 7. of the places of worship special provisions act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this act.

section 4. of the places of worship special provisions act : 1 it is hereby declared that the religious character of a place of worship existing on the 15th day of august, shall continue to be the same as it existed on that day. 2 if, on the commencement of this act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on the 15th day of august, , is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority: provided that if any suit, appeal or other proceeding, instituted or filed on the ground that conversion has taken place in the religious character of any such place after the 15th day of august, , is pending on the commencement of this act, such suit, appeal or other proceeding shall be disposed of in accordance with the provisions of subsection 1. 3 nothing contained in subsection 1 and subsection 2 shall apply to, a any place of worship referred to in the said subsections which is an ancient and historical monument or an archaeological site or remains covered by the ancient monuments and archaeological sites and remains act, 24 of or any other law for the time being in force b any suit, appeal or other proceeding, with respect to any matter referred to in subsection 2, finally decided, settled or disposed of by a court, tribunal or other authority before the commencement of this act c any dispute with respect to any such matter settled by the parties amongst themselves before such commencement d any conversion of any such place effected before such commencement by acquiescence e any conversion of any such place effected before such commencement which is not liable to be challenged in any court, tribunal or other authority being barred by limitation under any law for the time being in force.

section 6. of the places of worship special provisions act : 1 whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 whoever attempts to commit any offence punishable under subsection 1 or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. 3 whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under subsection 1 shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the indian penal code 45 of , be punishable with the punishment provided for the offence.

section 8. of the multistate cooperative societies act : where a multistate cooperative society is registered under this act, the central registrar shall issue a certificate of registration signed by him, which shall be conclusive evidence that the society therein mentioned is duly registered under this act, unless it is proved that the registration of the society has been cancelled.

section 1. of the multistate cooperative societies act : 1 this act may be called the multistate cooperative societies act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 19th august, , vide notification no. g.s.r. 571e, dated 16th august, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the multistate cooperative societies act : this act shall apply to a all cooperative societies, with objects not confined to one state which were incorporated before the commencement of this act, i under the cooperative societies act, 2 of , or ii under any other law relating to cooperative societies in force in any state or in pursuance of the multiunit cooperative societies act, 6 of or the multistate cooperative societies act, 51 of , and the registration of which has not been cancelled before such commencement and b all multistate cooperative societies.

section 7. of the multistate cooperative societies act : 1 if the central registrar is satisfied a that the application complies with the provisions of this act and the rules b that the proposed multistate cooperative society satisfies the basic criterion that its objects are to serve the interests of members in more than one state c that its byelaws provide for social and economic betterment of its members through selfhelp and mutual aid in accordance with the cooperative principles d that the proposed byelaws are not contrary to the provision of this act and the rules, he may register the multistate cooperative society and its byelaws. 2 the application for registration shall be disposed of by the central registrar within a period of four months from the date of receipt thereof by him. 3 where the central registrar refuses to register a multistate cooperative society, he shall communicate, within a period of four months from the date of receipt of the application for registration, the order of refusal together with the reasons therefor to the applicant or applicants, as the case may be: provided that no order or refusal shall be made unless the applicants have been given a reasonable opportunity of being heard: provided further that if the application for registration is not disposed of within a period of four months specified in subsection 2 or the central registrar fails to communicate the order of refusal within that period, the application shall be deemed to have been accepted for registration and the central registrar shall issue the registration certificate in accordance with the provisions of this act and the rules made thereunder.

section 4. of the multistate cooperative societies act : 1 the central government may appoint a person to be the central registrar of cooperative societies and may appoint such other persons as it may think fit to assist the central registrar. 2 the central government may, by notification, direct that any power exercisable by the central registrar under this act other than the power of registration of a multistate cooperative society shall, in relation to such society, and such matters as may be specified in the notification, be exercisable also by any other officer of the central government or of a state government as may be authorised by the central government subject to such conditions as may be specified therein: provided that no officer of a state government shall be empowered to exercise such power in relation to a national cooperative society.

section 3. of the multistate cooperative societies act : in this act, unless the context otherwise requires, a area of operation means the area from which the persons are admitted as members b board means the board of directors or the governing body of a multistate cooperative society, by whatever name called, to which the direction and control of the management of the affairs of the society is entrusted c byelaws means the byelaws for the time being in force which have been duly registered or deemed to have been registered under this act and includes amendments thereto which have been duly registered or deemed to have been registered under this act d central registrar means the central registrar of cooperative societies appointed under subsection 1 of section 4 and includes any officer empowered to exercise the powers of the central registrar under subsection 2 of that section e chief executive means a chief executive of a multistate cooperative society appointed under section 51 f cooperative bank means a multistate cooperative society which undertakes banking business g cooperative principles means the cooperative principles specified in the first schedule h cooperative society means a society registered or deemed to be registered under any law relating to cooperative societies for the time being in force in any state i cooperative year, in relation to any multistate cooperative society or class of such societies, means the year ending on the 31st day of march of the year and where the accounts of such society or class of such societies are, with the previous sanction of the central registrar, balanced on any other day, the year ending on such day j deposit insurance corporation means the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance corporation act, 47 of k federal cooperative means a federation of cooperative societies registered under this act and whose membership is available only to a cooperative society or a multistate cooperative society l general body, in relation to a multistate cooperative society, means all the members of that society and in relation to a national cooperative society or a federal cooperative means all the delegates of member cooperative societies or delegates of multistate cooperative societies and includes a body constituted under the first proviso to subsection 1 of section 38 m general meeting means a meeting of the general body of a multistate cooperative societies and includes special general meeting n member means a person joining in the application for the registration of a multistate cooperative society and includes a person admitted to membership after such registration in accordance with the provisions of this act, the rules and the byelaws o member cooperative means a cooperative society or a multistate cooperative society which is member of a federal cooperative p multistate cooperative society means a society registered or deemed to be registered under this act and includes a national cooperative society and a federal cooperative q multistate cooperative society with limited liability means a society having the liability of its members limited by its byelaws to the amount, if any, unpaid on the shares, respectively, held by them or to such amount as they may, respectively, thereby undertake to contribute to the assets of the society, in the event of its being wound up r national cooperative society means a multistate cooperative society specified in the second schedule s notification means a notification published in the official gazette t officer means a president, vicepresident, chairperson, vicechairperson, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under section 123 and includes any other person empowered under this act or the rules or the byelaws to give directions in regard to the business of a multistate cooperative society u prescribed means prescribed by rules v reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of w rules means the rules made under this act.

section 5. of the multistate cooperative societies act : 1 no multistate cooperative society shall be registered under this act, unless, a its main objects are to serve the interests of members in more than one state and b its byelaws provide for social and economic betterment of its members through selfhelp and mutual aid in accordance with the cooperative principles. 2 the word limited or its equivalent in any indian language shall be suffixed to the name of every multistate cooperative society registered under this act with limited liability.

section 6. of the multistate cooperative societies act : 1 for the purposes of registration of a multistate cooperative society under this act, an application shall be made to the central registrar in such form and with such particulars as may be prescribed. 2 the application shall be signed, a in the case of a multistate cooperative society of which all the members are individuals, by at least fifty persons from each of the state concerned b in the case of a multistate cooperative society of which the members are cooperative societies, by duly authorised representatives on behalf of at least five such societies as are not registered in the same state and c in the case of a multistate cooperative society of which another multistate cooperative society and other cooperative societies are members, by duly authorised representatives of each of such societies: provided that not less than two of the cooperative societies referred to in this clause, shall be such as are not registered in the same state d in the case of a multistate cooperative society of which the members are cooperative societies or multistate cooperative societies and individuals, by at least i fifty persons, being individuals, from each of the two states or more and ii one cooperative society each from two states or more or one multistate cooperative society. 3 the application shall be accompanied by four copies of the proposed byelaws of the multistate cooperative society and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the central registrar may require.

section 12. of the multistate cooperative societies act : an amendment of the byelaws of a multistate cooperative society shall, unless it is expressed to come into operation on a particular day, come into force on the day on which it is registered.

section 9. of the multistate cooperative societies act : 1 the registration of a multistate cooperative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to acquire, hold and dispose of property, both movable and immovable, enter into contract, institute and defend suits and other legal proceedings and to do all things necessary for the purpose for which it is constituted, and shall, by the said name, sue or be sued. 2 all transactions entered into in good faith prior to the registration of a multistate cooperative society shall be deemed to be its transactions after registration for furtherance of the objects of its registration.

section 16. of the multistate cooperative societies act : 1 no multistate cooperative society with unlimited liability shall be registered after the commencement of this act: provided that where a multistate cooperative society with unlimited liability was functioning before the commencement of this act, such a society shall exercise the option within a period of one year from such commencement either to continue to function as such or to convert itself into a multistate cooperative society with limited liability by following the procedure specified in subsections 2 to 4. 2 subject to the provisions of this act and the rules, a multistate cooperative society may, by an amendment of its byelaws, change the extent of its liability. 3 when a multistate cooperative society has passed a resolution to change the extent of its liability, it shall give notice thereof in writing to all its members and creditors, and, notwithstanding anything contained in the byelaws or contract to the contrary, any member or creditor shall, during the period of one month from the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be. 4 any member or creditor who does not exercise his option within the period specified in subsection 3 shall be deemed to have assented to the change. 5 an amendment of a byelaw of a multistate cooperative society changing the extent of its liability shall not be registered or shall not take effect until either a the assent thereto of all members and creditors has been obtained or b all claims of members and creditors who exercise the option referred to in subsection 3 within the period specified therein have been met in full or otherwise satisfied.

section 10. of the multistate cooperative societies act : 1 every multistate cooperative society may make its byelaws consistent with the provisions of this act and the rules made thereunder. 2 in particular and without prejudice to the generality of the foregoing power, such byelaws may provide for all or any of the following matters, namely: a the name, address and area of operation of the society b the objects of the society c the services to be provided to its members d the eligibility for obtaining membership e the procedure for obtaining membership f the conditions for continuing as member g the procedure for withdrawal of membership h the transfer of membership i the procedure for expulsion from membership j the rights and duties of the members k the nature and amount of capital of the society l the manner in which the maximum capital to which a single member can subscribe m the sources from which the funds may be raised by the multistate cooperative society n the purpose for which the funds may be applied o the manner of allocation or disbursement of net profits of the multistate cooperative society p the constitution of various reserves q the manner of convening general meetings and quorum thereof other than those provided under this act r the procedure for notice and manner of voting, in general and other meetings s the procedure for amending the byelaws t the number of members of the board not exceeding twentyone u the tenure, of directors, chairperson and other office bearers of the society, not exceeding five years v the procedure for removal of members of the board and for filling up of vacancies w the manner of convening board meetings, its quorum, number of meetings in a year and venue of such meetings x the frequency of board meetings y the powers and functions of the chief executive in addition to those provided under section 52 z the manner of imposing the penalty za the appointment, rights and duties of auditors and procedure for conduct of audit zb the authorisation of officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the society zc the terms on which a multistate cooperative society may deal with persons other than members zd the terms on which a multistate cooperative society may associate with other cooperative societies ze the terms on which a multistate cooperative society may deal with organisation other than cooperative societies zf the rights, if any, which the multistate cooperative society may confer on any other multistate cooperative society or federal cooperative and the circumstances under which such rights may be exercised by the federal cooperative zg the procedure and manner for transfer of shares and interest in the name of a nominee in case of death of a member zh the educational and training programmes to be conducted by the multistate cooperative society zi the principal place and other places of business of multistate cooperative society zj the minimum level of services, to be used by its members zk any other matter which may be prescribed.

section 11. of the multistate cooperative societies act : 1 no amendment of any byelaw of a multistate cooperative society shall be valid, unless such amendment has been registered under this act. 2 the amendment to the byelaws of a multistate cooperative society shall be made by a resolution passed by a twothird majority of the members present and voting at general meeting of the society. 3 no such resolution shall be valid unless fifteen clear days notice of the proposed amendment has been given to the members. 4 in every case in which a multistate cooperative society proposes to amend its byelaws, an application to register such amendments shall be made to the central registrar together with a a copy of the resolution referred to in subsection 2 b a statement containing the particulars indicating i the date of the general meeting at which the amendments to the byelaws were made ii the number of days notice given to convene the general meeting iii the total number of members of the multistate cooperative society iv the quorum required for such meeting v the number of members present at the meeting vi the number of members who voted in such meeting vii the number of members who voted in favour of such amendments to byelaws c a copy of the relevant byelaws in force with the amendment proposed to be made together with reasons justifying such amendments d four copies of the text of the byelaws incorporating therein the proposed amendments signed by the officer duly authorised in this behalf by the general body e a copy of the notice given to the members and the proposal to amend the byelaws f a certificate signed by the person who presided at the general meeting certifying that the procedure specified in subsections 2 and 3 and the byelaws had been followed g any other particular which may be required by the central registrar in this behalf. 5 every such application shall be made within sixty days from the date of the general meeting at which such amendment to the byelaws was passed. 6 the procedure given in subsections 2 to 5 of this section shall apply to the amendment of the byelaws of a cooperative society desiring to convert itself into a multistate cooperative society as per the provisions of section 22. 7 if, on receipt of application under subsection 5, the central registrar is satisfied that the proposed amendment a is not contrary to the provisions of this act or of the rules b does not conflict with cooperative principles and c will promote the economic interests of the members of the multistate cooperative society, he may register the amendment within a period of three months from the date of receipt thereof by him. 8 the central registrar shall forward to the multistate cooperative society a copy of the registered amendment together with a certificate signed by him within a period of one month from the date of registration thereof and such certificate shall be conclusive evidence that the amendment has been duly registered. 9 where the central registrar refuses to register an amendment of the byelaws of a multistate cooperative society, he shall communicate the order of refusal together with the reasons therefor to the chief executive of the society in the manner prescribed within fifteen days from the date of such refusal: provided that if the application for registration is not disposed of within a period of three months specified in subsection 7 or the central registrar fails to communicate the order of refusal within that period, the application shall be deemed to have been accepted for registration and the central registrar shall issue registration certificate in accordance with the provisions of this act.

section 18. of the multistate cooperative societies act : when an order of moratorium has been made by the central government under subsection 2 of section 45 of the banking regulation act, 10 of in respect of a cooperative bank, the central registrar, with the previous approval of the reserve bank in writing, may, during the period of moratorium prepare a scheme a for the amalgamation of the cooperative bank with any other cooperative bank or b for the reorganisation of the cooperative bank.

section 13. of the multistate cooperative societies act : 1 a multistate cooperative society may, by an amendment of its byelaws, change its name but such change shall not affect any right or obligation of the multistate cooperative society or of any of its members or past members, and any legal proceedings which might have been continued or commenced by or against the multistate cooperative society by its former name, may be continued or commence by or against its new name. 2 where a multistate cooperative society changes its name, the central registrar shall enter the new name on the register of multistate cooperative society in place of former name and shall amend the certificate of registration accordingly.

section 15. of the multistate cooperative societies act : every multistate cooperative society a shall paint or affix its name and the address of its registered office and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in conspicuous position, in letters easily legible and if the characters employed therefor are not those of the language, or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages b shall have its name engraven in legible characters on its seal and c shall have its name and the address of its registered office mentioned in legible characters in all its business letters, in all its bill heads and letter paper, and in all its notices and other official publications and also have its name so mentioned in all bills of exchange, hundies, promissory notes, endorsements, cheques and orders for money or goods purporting to be signed by or on behalf of the multistate cooperative society, and in all bills of parcels, invoices, receipts and letters of credit of the multistate cooperative society.

section 17. of the multistate cooperative societies act : 1 a multistate cooperative society may, by a resolution passed by a majority of not less than twothirds of the members, present and voting at a general meeting of the society held for the purpose, a transfer its assets and liabilities in whole or in part to any other multistate cooperative society or cooperative society b divide itself into two or more multistate cooperative societies c divide itself into two or more cooperative societies. 2 any two or more multistate cooperative societies may, by a resolution passed by a majority of not less than twothirds of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new multistate cooperative society. 3 the resolution of a multistate cooperative society under subsection 1 or subsection 2 shall contain all particulars of the transfer or division or amalgamation, as the case may be. 4 when a multistate cooperative society has passed a resolution under subsection 1 or subsection 2, it shall give notice thereof in writing to all the members and creditors, and, notwithstanding anything contained in the byelaws or contract to the contrary, any member or creditor shall, during the period of one month of the date of service of the notice upon him, have the option of withdrawing his share, deposits or loans, as the case may be. 5 any member or creditor who does not exercise his option within the period specified in subsection 4 shall be deemed to have assented to the proposals contained in the resolution. 6 a a resolution passed by a multistate cooperative society under this section shall not take effect until the assent thereto of all the members and creditors has been obtained. b the multistate cooperative society shall make arrangements for meeting in full or otherwise satisfying all claims of the members and creditors who exercise the option within the period specified in subsection 4. 7 on receipt of an application for the registration of new societies formed by division in accordance with the resolution passed under subsection 1 or of a new society formed by amalgamation in accordance with the resolution passed under subsection 2, the central registrar, on being satisfied that the resolution has become effective under subsection 6 shall, unless for reasons to be recorded in writing he thinks fit to refuse so to do, register the new society or societies, as the case may be, and the byelaws thereof. 8 on the issue of an order under subsection 7, the provisions of section 21 shall, so far as may be, apply to the multistate cooperative society so divided or the multistate cooperative societies so amalgamated. 9 where a resolution passed by a multistate cooperative society under this section involves the transfer of any assets and liabilities, the resolution shall, notwithstanding anything contained in any other law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance.

section 14. of the multistate cooperative societies act : every multistate cooperative society shall have principal place of business and an address registered in the manner prescribed to which all notices and communications may be sent.

section 22. of the multistate cooperative societies act : 1 a cooperative society may, by an amendment of its byelaws, extend its jurisdiction and convert itself into a multistate cooperative society: provided that no such amendment of byelaws of a cooperative society shall be valid unless it has been registered by the central registrar. 2 a every proposal for such amendment of byelaws shall be forwarded to the central registrar in accordance with the provisions contained in subsection 4 of section 11. b if the central registrar, after consulting the registrars of cooperative societies of the states concerned, has satisfied himself that such amendment i fulfils the requirements of the members being from more than one state ii is in accordance with the provisions contained in subsection 4 of section 11, he may register the amendment within a period of six months from the date of receipt thereof by him: provided that no cooperative society shall be deemed to have been converted into a multistate cooperative society on any ground whatsoever unless such society is registered as a multistate cooperative society. 3 the central registrar shall forward to the cooperative society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been registered. 4 where the central registrar refuses to register an amendment of the byelaws or a cooperative society, he shall communicate the order of refusal together with the reasons therefor to the society in the manner prescribed within seven days from the date of refusal. 5a once the amendment of byelaws has been registered by the central registrar, the cooperative society shall, as from the date of registration of amendment, become a multistate cooperative society. b the central registrar shall forward to the cooperative society a certificate signed by him to the effect that such society has been registered as a multistate cooperative society under this act and also forward a copy of the same to the registrar of cooperative societies of the state concerned. c the registrar of cooperative societies referred to in clause b shall thereupon make an order directing that the society had, as from the date of registration by the central registrar, ceased to be a society under the law relating to cooperative societies in force in that state.

section 19. of the multistate cooperative societies act : 1 any multistate cooperative society may, by a resolution passed at general meeting by a majority of members present and voting, promote one or more subsidiary institutions, which may be registered under any law for the time being in force, for the furtherance of its stated objects. 2 any subsidiary institution promoted under subsection 1 shall exist only as long as general body of the multistate cooperative society deems its existence necessary: provided that a multistate cooperative society while promoting such a subsidiary institution, shall not transfer or assign its substantive part of business or activities undertaken in furtherance of its stated objects. explanation.for the purposes of this section, a an institution shall be deemed to be a subsidiary institution if the multistate cooperative society i controls the management or board of directors or members of governing body of such institution or ii holds more than half in nominal value of equity shares of such institutions or iii if one or more members of such multistate cooperative society, hold whether by themselves or together with subsidiary institution or their relatives, as the case may be, the majority of equity shares in that institution b a subsidiary institution shall not include a partnership firm. 3 the annual reports and accounts of any such subsidiary institution shall be placed each year before general meeting of the promoting multistate cooperative society.

section 20. of the multistate cooperative societies act : notwithstanding anything contained in section 17 or any other provision of this act, where a cooperative bank, being an insured bank within the meaning of the deposit insurance and credit guarantee corporation act, 47 of , is amalgamated or reorganised and the deposit insurance corporation has become liable to pay to the depositors of the insured bank under subsection 2 of section 16 of that act, the bank with which such insured bank is amalgamated or the new cooperative bank formed after such amalgamation, or, as the case may be, the insured bank or transferee bank shall be under an obligation to repay to the deposit insurance corporation in the circumstances, to the extent and in the manner referred to in section 21 of the deposit insurance and credit guarantee corporation act, .

section 21. of the multistate cooperative societies act : 1 where the whole of the assets and liabilities of a multistate cooperative society are transferred to another multistate cooperative society or to a cooperative society in accordance with the provisions of section 17, the registration of the first mentioned multistate cooperative society shall stand cancelled and the society shall be deemed to have been dissolved and shall cease to exist as a corporate body. 2 where two or more multistate cooperative societies are amalgamated into a new multistate cooperative society in accordance with the provisions of section 17, the registration of each of the amalgamating societies shall stand cancelled on the registration of the new society, and each of the amalgamating societies shall be deemed to have been dissolved and shall cease to exist as a corporate body. 3 where a multistate cooperative society divides itself into two or more multistate cooperative societies or two or more cooperative societies in accordance with the provisions of section 17, the registration of that society shall stand cancelled on the registration of the new societies and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body. 4 the amalgamation or division of multistate cooperative societies shall not in any manner whatsoever affect any right or obligation of the resulting multistate cooperative society or societies or render defective any legal proceedings by or against the multistate cooperative society or societies, and any legal proceedings that might have been continued or commenced by or against the multistate cooperative society or societies, as the case may be, before the amalgamation or division, may be continued or commenced by or against the resulting multistate cooperative society or societies.

section 27. of the multistate cooperative societies act : 1 every multistate cooperative society shall organise cooperative education programmes for its members, directors and employees. 2 every multistate cooperative society may provide funds for such cooperative education programmes.

section 23. of the multistate cooperative societies act : 1 every federal cooperative shall obtain registration certification in accordance with the provisions of this act. 2 every federal cooperative shall in its general meeting be represented by its member cooperative. 3 the classification of federal cooperative and other terms and conditions applicable to it shall be such as may be prescribed. 4 all provisions of this act, applicable to a multistate cooperative society shall, as far as may be, apply to a federal cooperative.

section 24. of the multistate cooperative societies act : 1 subject to the provisions of this act and any other law for the time being in force, a federal cooperative may discharge the functions to facilitate the voluntary formation and democratic functioning of cooperative societies as federal cooperative or multistate cooperatives based on selfhelp and mutual aid. 2 without prejudice to the generality of the provisions contained in subsection 1, the federal cooperative may a ensure compliance of the cooperative principles b make model byelaws and policies for consideration of its member cooperative c provide specialised training, education and database information d undertake research, evaluation and assist in preparation of perspective development plans for its member cooperative e promote harmonious relations amongst member cooperative f help member cooperative to settle disputes among themselves g undertake business services on behalf of its member cooperative, if specifically required by or under the resolution of the general body or the board, or byelaws of a member of cooperative h provide management development services to a member cooperative i evolve code of conduct for observance by a member cooperative j evolve viability norms for a member cooperative k provide legal aid and advice to a member cooperative l assist member cooperative in organising selfhelp m develop market information system logo brand promotion, quality control and technology upgradation.

section 30. of the multistate cooperative societies act : 1 a multistate cooperative society may, by resolution passed by a majority of not less than twothirds of the members present and voting at a general meeting of members held for the purpose, expel a member for acts which are detrimental to the proper working of the society: provided that the member concerned shall not be expelled unless he has been given a reasonable opportunity of making representation in the matter. 2 no member of the multistate cooperative society, who has been expelled under subsection 1, shall be eligible for readmission as a member of that society, for a period of one year from the date of such expulsion.

section 25. of the multistate cooperative societies act : 1 no person shall be admitted as a member of a multistate cooperative society except the following, namely: a an individual, competent to contract under section 11 of the indian contract act, 9 of b any multistate cooperative society or any cooperative society c the central government d a state government e the national cooperative development corporation established under the national cooperative development corporation act, 26 of f any other corporation owned or controlled by the government g any government company as defined in section 617 of the companies act, 1 of h such class or classes or persons or association of persons as may be permitted by the central registrar having regard to the nature and activities of a multistate cooperative society. 2 no individual person shall be eligible for admission as a member of a national cooperative society or a federal cooperative. 3 any person eligible for membership of a multistate cooperative society may, on his application, be admitted as a member by such society. 4 every application for admission as a member of a multistate cooperative society shall be disposed of by such society within a period of four months from the date of receipt of the application, and the decision of such society on the application shall be communicated to the applicant within fifteen days from the date of such decision: provided that if the application is not disposed of within the period aforesaid, or the decision is not communicated within a period of fifteen days of the expiry of the aforesaid period of four months, the multistate cooperative society shall be deemed to have made a decision, on the date of expiry of such period, refusing admission to the applicant. 5 it shall be the duty of every member of a multistate cooperative society to promote and protect the interests and objects of such society.

section 26. of the multistate cooperative societies act : a multistate cooperative society may, if provided in its byelaws, admit a person as nominal or associate member: provided that no such nominal or associate member shall be entitled to subscribe the shares of such society or have any interest in the management thereof including right to vote, elect as a director of the board or participate in the general body meetings.

section 29. of the multistate cooperative societies act : no person shall be eligible for being a member of a multistate cooperative society if a his business is in conflict or competitive with the business of such multistate cooperative society or b he used for two consecutive years the services below the minimum level specified in the byelaws or c he has not attended three consecutive general meetings of the multistate cooperative society and such absence has not been condoned by the members in the general meeting or d he has made any default in payment of any amount to be paid to the multistate cooperative society under the byelaws of such society.

section 28. of the multistate cooperative societies act : no member of a multistate cooperative society shall exercise the rights of a member, unless he has made the payment to the society in respect of membership, or has acquired such interest in the society, as may be specified in the byelaws.

section 35. of the multistate cooperative societies act : 1 shares held in a multistate cooperative society by any of the authorities referred to in clauses c to g of subsection 1 of section 25 shall be redeemable in accordance with the byelaws of such multistate cooperative society and in a case where the byelaws do not contain any provision in this regard, in such manner as may be agreed upon between the multistate cooperative society and such authority. 2 the redemption of shares referred to in subsection 1 shall be on the face value of the shares.

section 31. of the multistate cooperative societies act : every member of a multistate cooperative society, including a member who is an employee of such society, shall have one vote in the affairs of the society: provided that a a member who is an employee of such society shall not be entitled to vote i at the election of a member of the board of such society ii in any general meeting convened for framing the byelaws of such society or any amendments thereto b in the case of an equality of votes, the chairperson shall have a casting vote c where any of the authorities, multistate cooperative society or a cooperative society referred to in clauses b to g of subsection 1 of section 25 is a member of a multistate cooperative society, each person nominated by such authority or society, on the board in accordance with the provisions contained in this act and the rules, shall, have one vote d a multistate cooperative society, the membership of which include cooperative societies or other multistate cooperative society, may provide in its byelaws for an equitable system of voting having regard to the membership of, and the extent of business carried on by such cooperative societies or multistate cooperative societies.

section 32. of the multistate cooperative societies act : every member of a multistate cooperative society shall exercise his vote in person and no member shall be permitted to vote by proxy: provided that a multistate cooperative society or a cooperative society or any other institution which is a member of any other multistate cooperative society may, subject to the provisions of subsection 3 of section 38 and the rules, appoint its representative to vote on its behalf in the affairs of such multistate cooperative society.

section 38. of the multistate cooperative societies act : 1 the general body of a multistate cooperative society shall consist of all the members of such society: provided that where the byelaws of a multistate cooperative society provide for the constitution of a smaller body consisting of delegates of members of the society elected or selected in accordance with such byelaws, that smaller body shall exercise such powers of the general body as may be prescribed or as may be specified in the byelaws of the society. 2 subject to the provisions of this act, the rules and the byelaws, the ultimate authority of a multistate cooperative society shall vest in the general body of its members: provided that nothing contained in this subsection shall affect the exercise by the board or any officer of a multistate cooperative society of any power conferred on such board or such officer by this act or the rules or the byelaws. 3 where in any meeting of the general body or the board of a multistate cooperative society, a cooperative society or another multistate cooperative society is to be represented, such cooperative society or other multistate cooperative society shall be represented in such meeting only through the chairperson or the president or the chief executive or a member of the board of such cooperative society or other multistate cooperative society, as the case may be, if such member is so authorised by the board and where there is no board of such cooperative society or other multistate cooperative society, for whatever reasons, through the administrator, by whatever name called, of such cooperative society or other multistate cooperative society: provided that where the byelaws of a multistate cooperative society provide for representation of other institutions in any meeting of general body or the board of such multistate cooperative society, such institutions shall be represented through its nominee.

section 33. of the multistate cooperative societies act : no member, other than the authorities referred to in clauses c to g of subsection 1 of section 25 or a multistate cooperative society or a cooperative society, shall hold more than such portion of the total share capital of the society in no case exceeding onefifth thereof as may be prescribed in the rules or byelaws of such multistate cooperative society.

section 34. of the multistate cooperative societies act : the transfer of share or interest of a member in the capital of a multistate cooperative society shall be subject to such conditions as to maximum holding as specified in section 33.

section 36. of the multistate cooperative societies act : 1 on the death of a member, a multistate cooperative society may transfer the share or interest of the deceased member to the person nominated in accordance with the byelaw made in this behalf or, if there is no person nominated, to such person as may appear to the board to be the heir or legal representative of the deceased member, or pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such members share or interest as ascertained in accordance with the rules: provided that no such transfer or payment shall be made except with the consent of the nominee, heir or legal representative, as the case may be. 2 a multistate cooperative society shall, unless within six months of the death of the member prevented by an order of a competent court, pay to such nominee, heir or legal representative, as the case may be, all other moneys due to the deceased member from the society. 3 all transfers and payments made by a multistate cooperative society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.

section 37. of the multistate cooperative societies act : 1 subject to the provisions of subsection 2, the liability of a past member or of the estate of a deceased member of a multistate cooperative society for the debts of the society as they existed, a in the case of a past member, on the date on which he ceased to be a member b in the case of a deceased member, on the date of his death, shall continue for a period of two years from such date. 2 notwithstanding anything contained in subsection 1, where a multistate cooperative society is ordered to be wound up under section 86, the liability of a past member who ceased to be a member or of the estate of a deceased member who died within two years immediately preceding the date of the order of winding up, shall continue until the entire liquidation proceedings are completed, but such liability shall extend only to the debts of the society as they existed on the date of cessation of membership or death, as the case may be.

section 43. of the multistate cooperative societies act : 1 no member of any multistate cooperative society or nominee of a member, society or a national cooperative society shall be eligible for being chosen as, or for being, a member of the board of such multistate cooperative society or a national cooperative society, or of any other cooperative society to which the multistate cooperatives society is affiliated, if such member a has been adjudged by a competent court to be insolvent or of unsound mind b is concerned or participates in the profits of any contract with the society c has been convicted for an offence involving moral turpitude d holds any office or place of profit under the society: provided that the chief executive or such full time employee of the society as may be notified by the central government from time to time or a person elected by the employees of such society to represent them on the board of such society shall be eligible for being chosen as, or for being, a member of such board e has been a member of the society for less than twelve months immediately preceding the date of such election or appointment f has interest in any business of the kind carried on by the society of which he is a member g has taken loan or goods on credit from the society of which he is a member, or is otherwise indebted to such society and after the receipt of a notice of default issued to him by such society, has defaulted i in repayment of such loan or debt or in payment of the price of the goods taken on credit, as the case may be, within the date fixed for such repayment or payment or where such date is extended, which in no case shall exceed six months, within the date so extended, or ii when such loan or debt or the price of goods taken on credit is to be paid in instalments, in payment of any instalment, and the amount in default or any part thereof has remained unpaid on the expiry of six months from the date of such default: provided that a member of the board who has ceased to hold office as such under this clause shall not be eligible, for a period of one year, from the date on which he ceased to hold office, for reelection as a member of the board of the multistate cooperative society of which he was a member or for the election to the board of any other multistate cooperative society h is a person against whom any amount due under a decree, decision or order is pending recovery under this act i is retained or employed as a legal practitioner on behalf of or against the multistate cooperative society, or on behalf of or against any other multistate cooperative society which is a member of the former society. explanation.for the purposes of this clause, legal practitioner has the same meaning as in clause i of subsection 1 of section 2 of the advocates act, 25 of j has been convicted for any offence under this act k is disqualified for being a member under section 29 l has been expelled as a member under section 30 m absents himself from three consecutive board meetings and such absence has not been condoned to by the board n absents himself from three consecutive general body meetings and such absence has not been condoned by the members in the general body. 2 a person shall not be eligible for being elected as member of board of a multistate cooperative society for a period of five years if the board of such multistate cooperative society fails a to conduct elections of the board under section 45 or b to call the annual general meeting under section 39 or c to prepare the financial statement and present the same in the annual general meeting.

section 39. of the multistate cooperative societies act : 1 the board of every multistate cooperative society shall, within such period as may be prescribed, and not later than six months after the close of the corresponding year, call the annual general meeting in the manner prescribed for the purpose of a consideration of the audited statement of accounts b consideration of the audit report and annual report c consideration of audit compliance report d disposal of net profits e review of operational deficit, if any f creation of specific reserves and other funds g approval of the annual budget h review of actual utilisation of reserve and other funds i approval of the longterm perspective plan and the annual operational plan j review of annual report and accounts of subsidiary institution, if any k expulsion of members l list of employees who are relatives of members of the board or of the chief executive m amendment of byelaws, if any n formulation of code of conduct for the members of the board and officers o election of members of the board, if any. 2 where the board of a multistate cooperative society fails to convene the annual general meeting within the period specified in subsection 1, the central registrar or the person authorised by him in this behalf shall be competent to convene such annual general meeting within a period of ninety days from the date of expiry of the period mentioned in that subsection and the expenditure incurred on such meeting shall be borne by the society. 3 at every annual general meeting of a multistate cooperative society, the board shall lay before the society a statement showing the details of the loans or goods on credit, if any, given to any of the members of the board or to the spouse or a son or daughter of a member of the board during the preceding year or outstanding against him or against such spouse or son or daughter of the member of the board.

section 40. of the multistate cooperative societies act : 1 the chief executive may, at any time, on the direction of the board, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the central registrar or from such member or members or a proportion of the total number of members, as may be provided in the byelaws. 2 if a special general meeting of a multistate cooperative society is not called in accordance with the requisition referred to in subsection 1, the central registrar or any person authorised by him in this behalf shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the chief executive in accordance with the provisions of that subsection and the central registrar may order that the expenditure incurred in calling such meeting shall be paid out of the funds of the society or by such person or persons who, in the opinion of the central registrar, was or were responsible for the refusal or failure to convene the special general meeting.

section 41. of the multistate cooperative societies act : 1 subject to the provisions of this act and rules, there shall be a board of directors for every multistate cooperative society consisting of such number of members as specified in subsection 3. 2 the members of a multistate cooperative society, by a resolution in a general meeting, shall elect directors who shall be members of board. 3 the board shall consist of such number of directors as may be specified in the byelaws: provided that the maximum number of directors in no case shall exceed twentyone: provided further that the board may coopt two directors in addition to twentyone directors specified in the first proviso: provided also that the functional directors in the national cooperative societies shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in the first proviso.

section 42. of the multistate cooperative societies act : every multistate cooperative society shall devise such procedure, as may be specified in the byelaws or in the administrative instructions of such society, for the association of the representatives of employees of such multistate cooperative societies at such level or bodies as may be specified in the byelaws or the instructions issued in this regard, in the management decision making process.

section 44. of the multistate cooperative societies act : 1 no member of a board shall be eligible to be elected as the chairperson or president or vicechairperson or vicepresident of a multistate cooperative society if such member is a minister in the central government or a state government. 2 no member of a board shall be eligible to be elected as the chairperson or president of a multistate cooperative society, after he has held the office as such during two consecutive terms, whether full or part: provided that a member who has ceased to hold the office of the chairperson or president continuously for one full term shall again be eligible for election to the office as such. explanation.where any member holding the office of the chairperson or president at the commencement of this act is again elected to that office after such commencement, he shall for the purpose of this section, be deemed to have held office for one term before such election.

section 46. of the multistate cooperative societies act : notwithstanding anything contained in this act, no person shall be eligible to hold, at the same time, office of a president or chairperson or vicepresident or vicechairperson on the board of more than two multistate cooperative societies.

section 45. of the multistate cooperative societies act : 1 the conduct of elections to the board of a multistate cooperative society shall be the responsibility of the existing board. 2 the election of members of board shall be held by secret ballot in the manner as may be prescribed. 3 the election of the members of the board shall be held in the general meeting of the members of the multistate cooperative society. 4 the elected members of the board shall, if the byelaws of such society permit, be eligible for reelection. 5 the term of office of the elected members of the board shall be such, not exceeding five years from the date of elections, as may be specified in the byelaws of a multistate cooperative society: provided that elected members shall continue to hold office till their successors are elected or nominated under the provisions of this act or the rules or byelaws and assume charge of their office. 6 where the board fails to conduct election of the members of board, the central registrar shall hold the election within a period of ninety days from the date when such election became due. 7 no person shall be eligible to be elected as a member of the board of a multistate cooperative society unless he is a member of the general body of that society. 8 the expenses for holding election by the central registrar shall be borne by the multistate cooperative society. 9 the central government may make rules generally to provide for or to regulate matters in respect of election of members of the board.

section 49. of the multistate cooperative societies act : 1 the board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this act. 2 without prejudice to the generality of the foregoing powers, such powers shall include the power a to admit members b to interpret the organisational objectives and set up specific goals to be achieved towards these objectives c to make periodic appraisal of operations d to appoint and remove a chief executive and such other employees of the society as are not required to be appointed by the chief executive e to make provisions for regulating the appointment of employees of the multistate cooperative society and the scales of pay, allowances and other conditions of service of, including disciplinary action against such employees f to place the annual report, annual financial statements, annual plan and budget for the approval of the general body g to consider audit and compliance report and place the same before the general body h to acquire or dispose of immovable property i to review membership in other cooperatives j to approve annual and supplementary budget k to raise funds l to sanction loans to the members and m to take such other measures or to do such other acts as may be prescribed or required under this act or the byelaws or as may be delegated by the general body.

section 47. of the multistate cooperative societies act : an elected member of a board, who has acted adversely to the interests of multistate cooperative society, may on the basis of a report of the central registrar or otherwise be removed from the board upon a resolution of the general body passed at its meeting by a majority of not less than twothird of the members present and voting at the meeting: provided that the member concerned shall not be removed unless he has been given a reasonable opportunity of making a representation in the matter.

section 48. of the multistate cooperative societies act : 1 where the central government or a state government has subscribed to the share capital of a multistate cooperative society, the central government or the state government, as the case may be, or any person authorised by the central government or the state government shall have right to nominate on the board such number of persons as its members on the following basis, namely: a where the total amount of issued equity share capital held by the central government or the state government is less than twenty six per cent. of the total issued equity share capital, one member of the board b where the total amount of issued equity share capital held by the central government or the state government is twentysix per cent. or more but less than fiftyone per cent. of the total issued equity share capital, two members of the board c where the total amount of issued equity share capital held by the central government or the state government is fiftyone per cent. or more of the total issued share capital, three members of the board: provided that the number of such nominated persons shall not exceed one third of the total number of members of the board: provided further that where the central government or a state government has guaranteed the repayment of principal and payment of interest on debentures issued by a multistate cooperative society or has guaranteed the repayment of principal and payment of interest on loans and advances to a multistate cooperative society or has given any assistance by way of grants or otherwise to a multistate cooperative society, the central government or the state government in this behalf, as the case may be, or any person authorised by the central government, shall have the right to nominate person on the board of such a society in the manner as may be prescribed. 2 a person nominated under this section shall hold office during the pleasure of the government by which he has been so nominated.

section 50. of the multistate cooperative societies act : 1 the chief executive shall convene the meetings of the board at the instance of the chairperson or president of the multistate cooperative society. 2 the total number of meetings of the board in a year and the venue of meetings as may be specified in the byelaws: provided that the board shall meet at least once in every quarter: provided further that not more than two persons may be invited by the board in its meetings. 3 the chairperson, or if for any reason, he is unable to attend a meeting of the board, any other member of the board chosen by the members of the board present from amongst themselves at the meeting, shall preside at the meeting.

section 51. of the multistate cooperative societies act : 1 there shall be a chief executive, by whatever designation called, of every multistate cooperative society to be appointed by the board and he shall be a fulltime employee of such multistate cooperative society. 2 the chief executive shall be a member of the board and of the executive committee and such other committees or subcommittees as may be constituted under subsection 1 of section 53. 3 where the central government or the state government holds fiftyone per cent. or more of the equity share capital or of total shares of the multistate cooperative society, the salary and allowances payable to and other terms and conditions of service including pension, gratuity and other retirement benefits of the chief executive shall be such as may be prescribed.

section 55. of the multistate cooperative societies act : a multistate cooperative society shall have a charge on the share or contribution or interest in the capital and on the deposits of a member or past or deceased member and on any dividend, bonus or profits payable to a member or past member or the estate of a deceased member in respect of any debt due from such member or past member or the estate of such deceased member to the society and may setoff any sum credited or payable to a member or past member or the estate of deceased member in or towards payment of any such debt.

section 57. of the multistate cooperative societies act : any register or list of members or shares kept by any multistate cooperative society shall be prima facie evidence of any of the following particulars entered therein, namely: a the date on which any person entered in such register or list became a member or b the date on which any such person ceased to be a member.

section 53. of the multistate cooperative societies act : 1 the board may, subject to such conditions as may be prescribed, constitute an executive committee and other committees or subcommittees as may be considered necessary: provided that other committees or subcommittees, other than the executive committee shall not exceed three. 2 the executive committee or other committee or subcommittee referred to in subsection 1 shall perform such functions as are assigned to it in accordance with the byelaws of the multistate cooperative society.

section 54. of the multistate cooperative societies act : 1 if a the records, including registers and books of account of a multistate cooperative society are likely to be tampered with or destroyed or the funds or other property of such society are likely to be misappropriated or b the board of a multistate cooperative society is reconstituted at a general meeting of the society or c a multistate cooperative society is ordered to be wound up under section 86 and the outgoing members of the board refuse to handover charge of the records and property of the society to those having or entitled to receive such charge, the chief executive may apply to the magistrate within whose jurisdiction the multistate cooperative society functions for securing the records and property of the society. 2 on receipt of an application under subsection 1, the magistrate may, by a warrant, authorise any police officer not below the rank of a subinspector to enter and search any place where such records and property are kept or are believed to be kept and to seize such records and property and the records and property so seized shall be handed over to the new board or the liquidator, as the case may be. 3 every such search and seizure shall be made in accordance with the provisions of the code of criminal procedure, 2 of .

section 56. of the multistate cooperative societies act : 1 subject to the provisions of section 55, the share or contribution or interest of a member or past or deceased member in the capital of a multistate cooperative society shall not be liable to attachment or sale under any decree or order of any court in respect of any debt or liability incurred by such member, and an official assignee or a receiver under any law relating to insolvency shall not be entitled to, or have any claim on, such share or contribution or interest. 2 the reserve fund, or the bad debt reserves, or the provident fund of the employees, of a multistate cooperative society invested by such society in accordance with the provision of this act and the byelaws shall not be liable to attachment under any decree or order of a court in respect of any debt or liability incurred by the society.

section 52. of the multistate cooperative societies act : the chief executive shall under the general superintendence, direction and control of the board, exercise the powers and discharge the functions specified below, namely: a daytoday management of the business of the multistate cooperative society b operating the account of the multistate cooperative society and be responsible for making arrangements for safe custody of cash c signing on the documents for and on behalf of the multistate cooperative society d making arrangements for the proper maintenance of various books and records of the multistate cooperative society and for the correct preparation, timely submission of periodical statements and returns in accordance with the provisions of this act, the rules and the byelaws e convening meetings of the general body of the multistate cooperative society, the board and the executive committee and other committees or subcommittees constituted under subsection 1 of section 53 and maintaining proper records for such meetings f making appointments to the posts in the multistate cooperative society in accordance with the byelaws g assisting the board in the formulation of policies, objectives and planning h furnishing to the board periodical information necessary for appraising the operations and functions of the multistate cooperative society i appoint the person to sue or be sued on behalf of the multistate cooperative society j present the draft annual report and financial statement for the approval of the board within thirty days of closure of the financial year k performing such other duties, and exercising such other powers, as may be specified in the byelaws of the multistate cooperative society.

section 60. of the multistate cooperative societies act : 1 notwithstanding anything contained in any law for the time being in force, a member of a multistate cooperative society may execute an agreement in favour of that society providing that his employer disbursing his salary or wages shall be competent to deduct every month from the salary or wages payable to him, such amount as may be specified in the agreement and to pay the amount so deducted to the society in satisfaction of any debt or other demand the member owes to the society. 2 on the execution of such agreement, the employer disbursing the salary or wages of the members shall, if so required by the multistate cooperative society, by a requisition in writing and so long as the society does not intimate that the whole of such debt or other demand has been paid, make the deduction in accordance with the agreement and pay the amount so deducted to the society within a period of fourteen days of the date on which deduction has been made, as if it were a part of the salary or wages payable on the day as required under the payment of wages act, 4 of , and such payment shall be valid discharge of the employer for his liability to pay the amount deducted. 3 if after the receipt of a requisition made under subsection 2, the employer disbursing the salary or wages of the member at any time fails to deduct the amount specified in the requisition from the salary or wages payable to the member concerned or makes default in remitting the amount deducted to the multistate cooperative society, the society shall be entitled to recover any such amount from such employer as arrears of land revenue and the amount so due from such employer shall rank in priority in respect of the liability of such employer equal to that of the salary or wages in arrears.

section 58. of the multistate cooperative societies act : 1 a copy of any entry in a book of a multistate cooperative society regularly kept in the course of its business shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent, as the original entry itself if admissible. 2 no officer of a multistate cooperative society and no officer in whose office the books of a multistate cooperative society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the societys books or documents the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, except under an order of a court or an arbitrator made for a special cause.

section 59. of the multistate cooperative societies act : nothing in clauses b and c of subsection 1 of section 17 of the registration act, 16 of shall apply to a any instrument relating to shares in a multistate cooperative society notwithstanding that the assets of the society consist in whole or in part of immovable property or b any debenture issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far as it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures or c an endorsement upon transfer of any debenture issued by any such society.

section 61. of the multistate cooperative societies act : notwithstanding anything contained in any law for the time being in force, the central government or a state government, on receipt of request from a multistate cooperative society and with a view to promoting cooperative movement, may, a subscribe to the share capital of a multistate cooperative society b give loans or make advances to a multistate cooperative society c guarantee the repayment of principal and payment of interest on debentures issued by a multistate cooperative society d guarantee the repayment of share capital of a multistate cooperative society and dividends thereon at such rates as may be specified by the central government or the state government e guarantee the repayment of principal and payment of interest on loans and advances to a multistate cooperative society f give financial assistance in any other form, including subsidies, to any multistate cooperative society and g provide aid to any other multistate cooperative society on such terms and conditions as may be prescribed.

section 62. of the multistate cooperative societies act : 1 no part of the funds, other than net profits, of a multistate cooperative society shall be divided by way of bonus or dividend or otherwise distributed among its members. 2 the net profits of a multistate cooperative society referred to in subsection 1 in respect of a society earning profits shall be calculated by deducting from the gross profit for the year, all interest accrued and accruing in relation to amounts which are overdue, establishment charges, interest payable on loans and deposits, audit fees, working expenses including repairs, rent, taxes and depreciation, bonus payable to employees under the law relating to payment of bonus for the time being in force, and equalisation fund for such bonus, provision for payment of incometax and making approved donations under the incometax act, 43 of , development rebate, provision for development fund, bad debt fund, price fluctuation fund, dividend equalisation fund, share capital redemption fund, investment fluctuation fund, provision for retirement benefits to employees, and after providing for or writing off bad debts and losses not adjusted against any fund created out of profit: provided that such society may add to the net profits for the year interest accrued in the preceding years, but actually recovered during the year: provided further that in the case of such multistate cooperative societies as do not have share capital, the surplus of income over expenditure shall not be treated as net profits and such surplus shall be dealt with in accordance with the byelaws.

section 63. of the multistate cooperative societies act : 1 a multistate cooperative society shall, out of its net profits in any year, a transfer an amount not less than twentyfive per cent. to the reserve fund b credit one per cent. to cooperative education fund maintained, by the national cooperative union of india limited, new delhi, in the manner as may be prescribed c transfer an amount not less than ten per cent. to a reserve fund for meeting unforeseen losses. 2 subject to such conditions as may be prescribed, the balance of the net profits may be utilised for all or any of the following purposes, namely: a payment of dividend to the members on their paidup share capital at a rate not exceeding the prescribed limit b constitution of, or contribution to, such special funds including education funds, as may be specified in the byelaws c donation of amounts not exceeding five per cent. of the net profits for any purpose connected with the development of cooperative movement or charitable purpose as defined in section 2 of the charitable endowments act, 6 of d payment of ex gratia amount to employees of the multistate cooperative society to the extent and in the manner specified in the byelaws.

section 64. of the multistate cooperative societies act : a multistate cooperative society may invest or deposit its funds a in a cooperative bank, state cooperative bank, cooperative land development bank or central cooperative bank or b in any of the securities specified in section 20 of the indian trust act, 2 of or c in the shares or securities of any other multistate cooperative society or any cooperative society or d in the shares, securities or assets of a subsidiary institution or any other institution or e with any other bank or f in such other mode as may be provided in the byelaws. explanation.for the purposes of clause e, bank means any banking company as defined in clause c of section 5 of the banking regulation act, 10 of , and includes i the state bank of india constituted under the state bank of india act, 23 of ii a subsidiary bank as defined in clause k of section 2 of the state bank of india subsidiary banks act, 38 of iii a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of .

section 65. of the multistate cooperative societies act : no multistate cooperative society shall make a contribution, either in money or in kind, whether directly or indirectly, to an institution which has an object of furtherance of the interest of a political party.

section 67. of the multistate cooperative societies act : 1 a multistate cooperative society may receive deposits, raise loans and receive grants from external sources to such extent and under such conditions as may be specified in the byelaws: provided that the total amount of deposits and loans received during any financial year shall not exceed ten times of the sum of subscribed share capital and accumulated reserves: provided further that while calculating the total sum of subscribed share capital and accumulated reserves, the accumulated losses shall be deducted. 1explanation. for the removal of doubts, it is hereby clarified that a multistate cooperative society shall not be entitled to receive deposits from persons other than voting members. 2 subject to the provisions of subsection 1, a multistate cooperative society may accept funds or borrow funds for the fulfilment of its objects on such terms and conditions as are mutually contracted upon. 3 a multistate cooperative society may issue nonconvertible debentures or other instruments subject to the provisions of any law for the time being in force to raise resources for the fulfilment of its objects to the extent of twentyfive per cent. of its paidup share capital. 1. ins. by act 21 of , s. 42 the second schedule w.e.f. .

section 66. of the multistate cooperative societies act : 1 a multistate cooperative society, other than a cooperative bank, shall not make a loan to a member on the security of his share or on the security of a nonmember. 2 notwithstanding anything contained in subsection 1, a multistate cooperative society may make a loan to a depositor on the security of his deposit.

section 68. of the multistate cooperative societies act : save as provided in sections 66 and 67, the transaction of a multistate cooperative society with any person other than a member, shall be subject to such prohibitions and restrictions, if any, as may be specified in the byelaws.

section 69. of the multistate cooperative societies act : 1 subject to the provisions of the employees provident fund and miscellaneous provisions act, 19 of , a multistate cooperative society having such number or class of employees as may be prescribed, may establish a contributory provident fund for the benefit of its employees to which shall be credited all contributions made by the employees and the society in accordance with the byelaws of the society. 2 monies standing to the credit of any contributory provident fund established by a multistate cooperative society under subsection 1 shall not a be used in the business of the society b form part of the assets of the society c be liable to attachment or be subject to any other process of any court or other authority.

section 70. of the multistate cooperative societies act : 1 every multistate cooperative society shall cause to be audited by an auditor referred to in subsection 2, its accounts at least once in each year. 2 every multistate cooperative society shall, at each annual general meeting, appoint an auditor or auditors to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting and shall, within seven days of the appointment, give intimation thereof to every auditor so appointed: provided that such auditor or auditors may be appointed from a panel of auditors approved by the central registrar or from a panel of auditors, if any, prepared by the multistate cooperative society. 3 every auditor appointed under subsection 1 shall, within thirty days of the receipt from the multistate cooperative society of the intimation of his appointment, inform the central registrar in writing that he has accepted, or refused to accept, the appointment. 4 a retiring auditor shall be reappointed unless a he is not qualified for reappointment b he has given the multistate cooperative society a notice in writing of his unwillingness to be reappointed c a resolution has been passed at the general meeting of members appointing some body instead of him or providing expressly that he shall not be reappointed or d where notice has been given of an intended resolution to appoint some person or persons in the place of a retiring auditor, and by reason of the death, incapacity or disqualification of that person or all those persons, as the case may be, the resolution cannot be proceeded with. 5 where at an annual general meeting no auditors are appointed or reappointed, the central registrar may appoint a person to fill the vacancy. 6 first auditor or auditors of a multistate cooperative society shall be appointed by the board within one month of the date of registration of such society and the auditor or auditors so appointed shall hold office until the conclusion of the first annual general meeting: provided that a the multistate cooperative society may, at a general meeting, remove any such auditor or all or any of such auditors and appoint in his or their places any other person or persons who have been nominated for appointment by any member of the multistate cooperative society and of whose nomination notice has been given to the members of the multistate cooperative society not less than fourteen days before the date of the meeting and b if the board fails to exercise its powers under this subsection, the multistate cooperative society in the general meeting may appoint the first auditor or auditors. 7 a the multistate cooperative society may fill any causal vacancy in the office of an auditor but while any such vacancy continues, the remaining auditor or auditors, if any, may act: provided that where such vacancy is caused by the resignation of an auditor, the vacancy shall only be filled by the multistate cooperative society in general meeting. b any auditor appointed in a causal vacancy shall hold office until the conclusion of the next annual general meeting. 8 any auditor appointed under this section may be removed from office before the expiry of his term by the multistate cooperative society in general meeting. 9 the remuneration of the auditors of a multistate cooperative society a in the case of an auditor appointed by the board or the central registrar may be fixed by the board or the central registrar, as the case may be and b subject to clause a, shall be fixed by the multistate cooperative society in general meeting or in such manner as the multistate cooperative society in general meeting may determine. explanation.for the purposes of this subsection, any sums paid by the multistate cooperative society in respect of the auditors expenses shall be deemed to be included in the expression remuneration.

section 71. of the multistate cooperative societies act : 1 a special notice shall be required for a resolution at an annual general meeting appointing as auditor a person other than a retiring auditor, or providing expressly that a retiring auditor shall not be reappointed. 2 on receipt of notice of such a resolution, the multistate cooperative society shall forthwith send a copy thereof to the retiring auditor. 3 where notice is given of such a resolution and the retiring auditor makes with respect thereto representations in writing to the multistate cooperative society not exceeding a reasonable length and requests their notification to members of the multistate cooperative society, the multistate cooperative shall, unless the representations are received by it too late for it to do so, a in any notice of the resolution given to members of the multistate cooperative society, state the fact of the representations having been made and b send a copy of the representation to every member of the multistate cooperative society to whom notice of the meeting is sent, whether before or after the receipt of the representations by the multistate cooperative society, and if a copy of the representations is not sent as aforesaid because they were received too late or because of the multistate cooperative societys default, the auditor may without prejudice to his right to be heard orally require that the representations shall be read out at the meeting.

section 72. of the multistate cooperative societies act : 1 a person shall not be qualified for appointment as an auditor of a multistate cooperative society unless he is a chartered accountant within the meaning of the chartered accountants act, 38 of . 2 none of the following persons shall be qualified for appointment as auditor of a multistate cooperative society a a body corporate b an officer or employee of the multistate cooperative society c a person who is a member, or who is in the employment, of an officer or employee or the multistate cooperative society d a person who is indebted to the multistate cooperative society or who has given any guarantee or provided any security in connection with the indebtedness of any third person to the multistate cooperative society for an amount exceeding one thousand rupees. 3 a person shall also not be qualified for appointment as an auditor of a multistate cooperative society if he is, by virtue of subsection 2, disqualified for appointment as an auditor of any other body corporate or multistate cooperative society or cooperative society. 4 if an auditor becomes subject, after his appointment, to any of the disqualifications specified in subsections 2 and 3, he shall be deemed to have vacated his office as such.

section 73. of the multistate cooperative societies act : 1 every auditor of a multistate cooperative society shall have a right of access at all times to the books, accounts and vouchers of the multistate cooperative society, whether kept at the head office of the multistate cooperative society or elsewhere, and shall be entitled to require from the officers or other employees of the multistate cooperative society such information and explanations as the auditor may think necessary for the performance of his duties as an auditor. 2 without prejudice to provisions of subsection 1, the auditor shall inquire, a whether loans and advances made by the multistate cooperative society on the basis of security have been properly secured and whether the terms on which they have been made are not prejudicial to the interests of the multistate cooperative society or its members b whether transactions of the multistate cooperative society which are represented merely by book entries are not prejudicial to the interests of the multistate cooperative society c whether personal expenses have been charged to revenue account and d where it is stated in the books and papers of the multistate cooperative society that any shares have been allotted for cash, whether case has actually been received in respect of such allotment, and if no cash has actually been so received, whether the position as stated in the account books and the balancesheet is correct, regular and not misleading. 3 the auditor shall make a report to the members of the multistate cooperative society on the accounts examined by him and on every balancesheet and profit and loss account and on every other document required to be part or annexed to the balancesheet or profit and loss account, which are laid before the multistate cooperative society in general meeting during his tenure of office, and the report shall state whether, in his opinion and to the best of his information and according to the explanations given to him, the said accounts give the information required by this act in the manner so required and give a true and fair view, a in the case of the balancesheet, of the state of the multistate cooperative societys affairs as at the end of its financial year and b in the case of the profit and loss account, of the profit or loss for its financial year. 4 the auditors report shall also state a whether he has obtained all the information and explanations which to the best of his knowledge and belief were necessary for the purposes of his audit b whether, in his opinion, proper books of account have been kept by the multistate cooperative society so far as appears from his examination of those books, and proper returns adequate for the purposes of his audit have been received from branches or offices of the multistate cooperative society not visited by him c whether the report on the accounts of any branch office audited by a person other than the multistate cooperative societys auditor has been forwarded to him and how he has dealt with the same in preparing the auditors report d whether the multistate cooperative societys balancesheet and profit and loss account dealt with by the report are in agreement with the books of account and returns. 5 where any of the matters referred to in clauses a and b of subsection 3 or in clauses a, b, c and d of subsection 4 is answered in the negative or with a qualification, the auditors report shall state the reason for the answer.

section 74. of the multistate cooperative societies act : only the person appointed as an auditor of the multistate cooperative society shall sign the auditors report, or sign or authenticate any other document of the multistate cooperative society required by law to be signed or authenticated by the auditor.

section 78. of the multistate cooperative societies act : 1 the central registrar may, on a request from a federal cooperative to which a multistate cooperative society is affiliated or a creditor or not less than onethird of the members of the board or not less than onefifth of the total number of members of a multistate cooperative society hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a multistate cooperative society: provided that no inquiry under this subsection shall be held unless a notice of not less than fifteen days has been given to the multistate cooperative society. 2 the central registrar or the person authorised by him under subsection 1 shall have the following powers, namely: a he shall at all reasonable times have free access to the books, accounts, documents, securities, cash and other properties belonging to or in the custody of the multistate cooperative society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, at any place specified by him b he may, notwithstanding any byelaw specifying the period of notice for a general meeting of the multistate cooperative society, require the officers of the society to call a general meeting of the society by giving notice of not less than seven days at such time and place at the headquarters of the society to consider such matters, as may be directed by him and where the officers of the society refuse or fail to call such a meeting, he shall have power to call it himself c he may summon any person who is reasonably believed by him to have any knowledge of the affairs of the multistate cooperative society to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath. 3 any meeting called under clause b of subsection 2 shall have all the powers of a general meeting of the society called under the byelaws of the society and its proceedings shall be regulated by such byelaws. 4 the central registrar shall, within a period of three months of the date of receipt of the report, communicate the report of inquiry to the multistate cooperative society, the financial institutions, if any, to which the society is affiliated, and to the person or authority, if any, at whose instance the inquiry is made.

section 76. of the multistate cooperative societies act : all notices of, and other communications relating to, any general meeting of a multistate cooperative society, which any member of the multistate cooperative society is entitled to have sent to him, shall also be forwarded to the auditor of the multistate cooperative society and the auditor shall be entitled to attend any general meeting and to be heard at any general meeting which he attends on any part of the business which concerns him as auditor.

section 75. of the multistate cooperative societies act : the auditors report shall be read before the multistate cooperative society in the general meeting and shall be open to inspection by any member of the multistate cooperative society.

section 77. of the multistate cooperative societies act : 1 where the central government is of the opinion a that the affairs of any multistate cooperative society are not being managed in accordance with selfhelp and mutual aid and cooperative principles or prudent commercial practices or with sound business principles or b that any multistate cooperative society is being managed in a manner likely to cause serious injury or damage to the interest of the trade, industry or business to which it pertains or c that the financial position of any multistate cooperative society is such as to endanger its solvency, the central government may at any time by order direct that a special audit of the multistate cooperative societys accounts for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint either a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of or the multistate cooperative societys auditor himself to conduct with special audit: provided that the central government shall not order for special audit of a multistate cooperative societys accounts if that government or the state government either by itself or both hold less than fiftyone per cent. of the paid up share capital or of the shares in such multistate cooperative society. 2 the chartered accountant or the multistate cooperative societys auditor appointed under subsection 1 to conduct a special audit as aforesaid is hereafter in this section referred to as the special auditor. 3 the special auditor shall have the same powers and duties in relation to the special audit as an auditor of a multistate cooperative society has under section 73: provided that the special auditor shall, instead of making his report to the members of the multistate cooperative society, make the same to the central government. 4 the report of the special auditor shall, as far as may be, include all the matters required to be included in the auditors report under section 73 and, if the central government so directs, shall also include a statement on any other matter which may be referred to him by that government. 5 the central government may by order direct any person specified in the order to furnish to the special auditor within such time as may be specified therein such information or additional information as may be required by the special auditor in connection with the special audit. 6 on receipt of the report of the special auditor, the central government may take such action on the report as it considers necessary in accordance with the provisions of this act or any other law for the time being in force: provided that if the central government does not take any action on the report within four months from the date of its receipt, that government shall send to the multistate cooperative society either a copy of, or relevant extract from, the report with its comments thereon and require the multistate cooperative society either to circulate that copy or those extracts to the members or to have such copy or extracts read before the multistate cooperative society at its next general meeting. 7 the expenses of, and incidental to, any special audit under this section including the remuneration of the special auditor shall be determined by the central government which determination shall be final and paid by the multistate cooperative society and in default of such payment, shall be recoverable from the multistate cooperative society as an arrear of land revenue.

section 81. of the multistate cooperative societies act : where an inquiry is held under section 78 or an inspection is made under section 79, the central registrar may apportion the costs, or such part of the costs, as he may think fit, between the multistate cooperative society, the members or creditors demanding an inquiry or inspection, and the officers or former officers and the members or past members of that society: provided that a no order of apportionment of the costs shall be made under this section unless the society or the person liable to pay the costs thereunder has had a reasonable opportunity of being heard b the central registrar shall state in writing under his own hand the grounds on which the costs are apportioned.

section 79. of the multistate cooperative societies act : 1 the central registrar may, on a request from a federal cooperative to which a multistate cooperative society is affiliated or a creditor or not less than onethird of the members of the board or not less than onefifth of the total number of members of a multistate cooperative society by general or special order in writing in this behalf, inspect or direct any person authorised by him by order in writing in this behalf to make an inspection into the constitution, working and financial condition of a multistate cooperative society: provided that no inspection under this subsection shall be made unless a notice of not less than fifteen days has been given to the multistate cooperative society. 2 a for the purpose of inspection under subsection 1, the central registrar or the person authorised by him under that subsection shall at all times have access to all books, accounts, papers, vouchers, securities, stock and other property of that society and may, in the event of serious irregularities discovered during inspection, take them into custody and shall have power to verify the cash balance of the society and subject to the general or special order of the central registrar to call a meeting of the board and also a general meeting of the society where such general meeting is, in his opinion, necessary. b every officer or member of a multistate cooperative society shall furnish such information with regard to the working of the society as the central registrar or the person making such inspection may require. 3 a copy of the report of inspection under this section shall be communicated to the multistate cooperative society within a period of three months from the date of completion of such inspection.

section 80. of the multistate cooperative societies act : 1 the central registrar shall, on the application of a creditor of a multistate cooperative society, inspect, or direct some person authorised by him by order in writing in this behalf to inspect, the books of the society: provided that no such inspection shall be made unless the applicant a satisfies the central registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time b deposits with the central registrar such sum as security for the costs of the proposed inspection as the central registrar may require. 2 the central registrar shall communicate the result of any such inspection to the creditor.

section 83. of the multistate cooperative societies act : 1 if in the course of an audit, inquiry, inspection or the winding up of a multistate cooperative society, it is found that any person, who is or was entrusted with the organisation or management of such society or who is or has at any time been an officer or an employee of the society, has made any payment contrary to this act, or the byelaws or has caused any deficiency in the assets of the society by breach of trust or wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to such society, the central registrar may, of his own motion or on the application of the board, liquidator or any creditor inquire himself or direct any person authorised by him, by an order in writing in this behalf, to inquire into the conduct of such person within a period of two years from the date of the report of the audit, inspection or inquiry or the date of the order of winding up, as the case may be: provided that where the central registrar is satisfied that such inquiry could not be commenced during the period of two years aforesaid on account of fraud or concealment of facts, he may make or direct the inquiry to be made within such period not exceeding six years from the date of the report of the audit, inspection or inquiry or the date of the order of winding up, as he thinks fit. 2 where an inquiry is made under subsection 1, the central registrar may, after giving the person concerned a reasonable opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent, as the central registrar may consider just and equitable.

section 82. of the multistate cooperative societies act : any sum awarded by way of costs under section 81 may be recovered, on application to a magistrate having jurisdiction in the place where the person, from whom the money is claimable, actually and voluntarily resides or carries on business, and such magistrate shall recover the same as if it were a fine imposed by himself.

section 84. of the multistate cooperative societies act : 1 notwithstanding anything contained in any other law for the time being in force, if any dispute other than a dispute regarding disciplinary action taken by a multistate cooperative society against its paid employee or an industrial dispute as defined in clause k of section 2 of the industrial disputes act, 14 of touching the constitution, management or business of a multistate cooperative society arises a among members, past members and persons claiming through members, past members and deceased members, or b between a member, past members and persons claiming through a member, past member or deceased member and the multistate cooperative society, its board or any officer, agent or employee of the multistate cooperative society or liquidator, past or present, or c between the multistate cooperative society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the multistate cooperative society, or d between the multistate cooperative society and any other multistate cooperative society, between a multistate cooperative society and liquidator of another multistate cooperative society or between the liquidator of one multistate cooperative society and the liquidator of another multistate cooperative society, such dispute shall be referred to arbitration. 2 for the purposes of subsection 1, the following shall be deemed to be disputes touching the constitution, management or business of a multistate cooperative society, namely: a a claim by the multistate cooperative society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not b a claim by a surety against the principal debtor where the multistate cooperative society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not c any dispute arising in connection with the election of any officer of a multistate cooperative society. 3 if any question arises whether a dispute referred to arbitration under this section is or is not a dispute touching the constitution, management or business of a multistate cooperative society, the decision thereon of the arbitrator shall be final and shall not be called in question in any court. 4 where a dispute has been referred to arbitration under subsection 1, the same shall be settled or decided by the arbitrator to be appointed by the central registrar. 5 save as otherwise provided under this act, the provisions of the arbitration and conciliation act, 26 of shall apply to all arbitration under this act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the arbitration and conciliation act, .

section 89. of the multistate cooperative societies act : 1 where the central registrar has made an order under section 86 for the winding up of multistate cooperative society, the central registrar may appoint a liquidator for the purpose and fix his remuneration. 2 a liquidator shall, on appointment, take into his custody or under his control all the property, effects and actionable claims to which the multistate cooperative society is or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss or deterioration of, or damage to, such property, effects and claims and he may carry on the business of the multistate cooperative society so far as may be necessary with the previous approval of the central registrar. 3 where an appeal is preferred under clause f of subsection 1 of section 99, an order for the winding up of a multistate cooperative society made under section 86 shall not operate thereafter until the order is confirmed in appeal: provided that the liquidator shall continue to have custody or control of the property, effects and actionable claims mentioned in subsection 2 and have authority to take the steps referred to in that subsection. 4 where an order for the winding up of a multistate cooperative society is set aside in appeal, the property, effects and actionable claims of the society shall revest in the society.

section 85. of the multistate cooperative societies act : 1 notwithstanding anything contained in the limitation act, 36 of , but subject to the specific provisions made in this act, the period of limitation in the case of a dispute referred to arbitration shall, a when the dispute relates to the recovery of any sum including interest thereon due to a multistate cooperative society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society b save as otherwise provided in clause c, when the dispute relates to any act or omission on the part of any of the parties referred to in clause b or clause c or clause d of subsection 1 of section 84, be six years from the date on which the act or omission, with reference to which the dispute arose, took place c when the dispute is in respect of an election of an officer of a multistate cooperative society, be one month from the date of the declaration of the result of the election. 2 the period of limitation in the case of any dispute, except those mentioned in subsection 1, which are required to be referred to arbitration shall be regulated by the provisions of the limitation act, 36 of , as if the dispute were a suit and the arbitrator a civil court. 3 notwithstanding anything contained in subsections 1 and 2, the arbitrator may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the arbitrator that he had sufficient cause for not referring the dispute within such period.

section 86. of the multistate cooperative societies act : 1 if the central registrar, after audit has been conducted under section 70 or special audit has been conducted under section 77 or an inquiry has been held under section 78 or an inspection has been made under section 79, is of opinion that the society ought to be wound up, he may, after giving the society a reasonable opportunity of making its representations by order, direct it to be wound up. 2 the central registrar may, of his own motion and after giving the multistate cooperative society a reasonable opportunity of making its representation, make an order directing the winding up of the multistate cooperative society, a where it is a condition of the registration of the society that the society shall consist of at least fifty members and the number of members has been reduced to less than fifty or b where the multistate cooperative society has not commenced working within a period of six months of the date of its registration or such extended period as the central registrar may allow in this behalf or has ceased to function in accordance with cooperative principles. 3 the central registrar may cancel an order for the winding up of a multistate cooperative society, at any time, in any case where, in his opinion, the society should continue to exist. 4 a copy of such order shall be communicated by registered post to the multistate cooperative society and to the financial institutions, if any, of which the society is a member. 5 notwithstanding anything contained in this section, no cooperative bank shall be wound up except with the previous sanction, in writing of the reserve bank. 6 notwithstanding anything contained in this section, the central registrar shall make an order for the winding up of a multistate cooperative society, if the society, by a resolution passed by twothird majority of members present and voting in a general meeting decides for winding up of that society.

section 87. of the multistate cooperative societies act : notwithstanding anything to the contrary contained elsewhere in this act, the central registrar shall make an order for the winding up of a cooperative bank, if so required by the reserve bank in the circumstances mentioned in section 13d of the deposit insurance and credit guarantee corporation act, 47 of .

section 88. of the multistate cooperative societies act : where a cooperative bank, being an insured bank within the meaning of the deposit insurance and credit guarantee corporation act, , is wound up and the deposit insurance corporation has become liable to the depositors of the insured bank under subsection 1 of section 16 of that act, the deposit insurance corporation shall be reimbursed by the liquidator or such other person in the circumstances, to the extent and in the manner provided in section 21 of that act.

section 90. of the multistate cooperative societies act : 1 subject to any rules made in this behalf, the whole of the assets of a multistate cooperative society in respect of which an order for winding up has been made, shall vest in the liquidator appointed under section 89 from the date on which the order takes effect and the liquidator shall have power to realise such assets by sale or otherwise. 2 such liquidator shall also have power, subject to the control of the central registrar a to institute and defend suits and other legal proceedings on behalf of the multistate cooperative society by the name of his office b to determine from time to time the contribution including debts due and costs of liquidation to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of the deceased members or by any officers or former officers, to the assets of the multistate cooperative society c to investigate all claims against the multistate cooperative society and subject to the provisions of this act, to decide questions of priority arising between claimants d to pay claims against the multistate cooperative society, including interest up to the date of winding up according to their respective priorities, if any, in full or rateably, as the assets of the society may permit and the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such order or winding up at a rate fixed by him but not exceeding the contract rate in any case e to determine by what persons and in what proportions the costs of the liquidation are to be borne f to determine whether any person is a member, past member or nominee of a deceased member g to give such directions in regard to the collection and distribution of the assets of the multistate cooperative society as may appear to him to be necessary for winding up the affairs of that society h to carry on the business of the multistate cooperative society so far as may be necessary for the beneficial winding up of the same i to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim, present or future, whereby the multistate cooperative society may be rendered liable j to make any compromise or arrangement with any person between whom and the multistate cooperative society there exists any dispute and to refer any such dispute for decision k after consulting the members of the multistate cooperative society, to dispose of the surplus, if any, remaining after paying the claims against the society, in such manner as may be prescribed l to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, subsisting or alleged to be subsisting between the multistate cooperative society and a contributory or other debtor or person apprehending liability to the multistate cooperative society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof. 3 when the affairs of a multistate cooperative society have been wound up, the liquidator shall make a report to the central registrar and deposit the records of the society in such place as the central registrar may direct.

section 91. of the multistate cooperative societies act : the surplus assets, as shown in the report of a liquidator of a multistate cooperative society which is wound up, a may, if the byelaws of the multistate cooperative society specify the purpose for which surplus shall be utilised, be utilised by the central registrar for the said purpose, and b if the byelaws aforesaid do not specify the purpose, be divided by the central registrar with the previous sanction of the central government, amongst the members of such multistate cooperative society in such manner as may be prescribed.

section 97. of the multistate cooperative societies act : the central registrar or the arbitrator or any person authorised by him in writing in this behalf shall be deemed, when exercising any powers under this act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a stepinaid of such recovery, to be a civil court for the purposes of article 136 of the schedule to the limitation act, 36 of .

section 93. of the multistate cooperative societies act : 1 the central registrar may, after considering the report of the liquidator made to him under subsection 3 of section 90, order the registration of the multistate cooperative society to be cancelled and on such cancellation, that society shall stand dissolved. 2 an order passed under subsection 1 shall be communicated by registered post to the president or the chairperson as the case may be, of the multistate cooperative society and to the financial institutions, if any, of which the society was a member.

section 94. of the multistate cooperative societies act : every decision or order made under section 39 or section 40 or section 83 or section 99 or section 101 shall, if not carried out, a on a certificate signed by the central registrar or any person authorised by him in writing in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as if it were a decree of such court and such decree shall be executed by the central registrar or any person authorised by him or it in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multistate cooperative society against whom the decision or order has been made or b where the decision or order provides for the recovery of money, by executed according to law for the time being in force for the recovery of arrears of land revenue: provided that any application for the recovery of any sum shall be made in such manner i to the collector and shall be accompanied by a certificate signed by the central registrar or by any person authorised by him in writing in this behalf ii within twelve years from the date fixed in the decision or order and if no such date is fixed, from the date of decision or order, as the case may be or c be executed by the central registrar or any person authorised by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multistate cooperative society against whom the decision or order has been made.

section 92. of the multistate cooperative societies act : notwithstanding anything contained in any law relating to insolvency, the contribution assessed by a liquidator shall rank next to debts due to the central government or a state government or a local authority in accordance with the order of priority in insolvency proceedings.

section 95. of the multistate cooperative societies act : every order made by the liquidator under section 90 shall be executed according to the law for the time being in force for the recovery of arrears of land revenue.

section 99. of the multistate cooperative societies act : 1 subject to the provisions of section 100, an appeal shall lie under this section against a an order made by the central registrar under subsection 3 of section 7 refusing to register a multistate cooperative society b an order made by the central registrar under subsection 9 of section 11 refusing to register an amendment of the byelaws of a multistate cooperative society c a decision of a multistate cooperative society refusing or deemed to be refusing under subsection 4 of section 25 to admit any person as a member of the society who is otherwise duly qualified for membership under the byelaws of the society d an order made by the central registrar under section 81 apportioning the costs of an inquiry held under section 78 or an inspection made under section 80 e an order made by the central registrar under subsection 2 of section 83 f an order made by the central registrar under section 86 directing the winding up of a multistate cooperative society g an order made by the liquidator of a multistate cooperative society under section 90. 2 an appeal against any decision or order under subsection 1 shall be made within sixty days from the date of such decision or order to the prescribed appellate authority. 3 the appellate authority may, if satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period of sixty days, admit the appeal within such further period as that authority may deem fit. 4 in disposing of an appeal under this section, the appellate authority may, after giving the parties a reasonable opportunity of making their representation, pass such order thereon as that authority may deem fit. 5 the decision or order of the appellate authority on appeal shall be final.

section 96. of the multistate cooperative societies act : 1 where the arbitrator is satisfied that a party to any reference made to him under section 84 with intent to defeat or delay the execution of any decision that may be passed thereon is about to a dispose of the whole or any part of the property or b remove the whole or any part of the property from its existing precincts, the arbitrator may, unless adequate security is furnished, direct conditional attachment of the said property or such part thereof as he deems necessary. 2 the attachment under subsection 1 shall be executed by a civil court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such order.

section 100. of the multistate cooperative societies act : notwithstanding anything contained in this act, where, with the previous sanction in writing of, or on requisition by, the reserve bank, a cooperative bank a is being wound up or b in respect of which a scheme of amalgamation or reorganisation is given effect to, no appeal there against shall lie or be permissible, and the sanction or requisition of the reserve bank shall not be liable to be called in question.

section 98. of the multistate cooperative societies act : 1 all sums due from a multistate cooperative society, or from an officer or member or past member of a multistate cooperative society, to the central government or a state government, including any cost awarded to the central government or the state government, as the case may be, under any provision of this act, may, on a certificate issued by the central registrar in this behalf, be recovered in the same manner as arrears of land revenue as first charge on the assets of such society or officer or member, as the case may be. 2 sums due from a multistate cooperative society to the central government or a state government and recoverable under subsection 1 may be recovered firstly from the property of the society and secondly from the members, past members or the estates of deceased members, subject to the limit of their liability: provided that the liability of past members and the estate of deceased members shall in all cases be subject to the provisions of section 37.

section 108., of multistate cooperative society. of the multistate cooperative societies act : 1 the books of account and other books and papers of every multistate cooperative society shall be open to inspection during business hours i by the central registrar, or ii by such officer of the government as may be authorised by the central government in this behalf: provided that such inspection may be made without giving any previous notice to that society or any officer thereof iii by the members of the multistate cooperative society. 2 it shall be the duty of every director, other officer or employee of the multistate cooperative society to produce to the person making inspection under subsection 1, all such books of account and other books and papers of the multistate cooperative society in his custody or control and to furnish him with any statement, information or explanation relating to the affairs of such society as the said person may require of him within such time and at such place as he may specify. 3 it shall also be the duty of every director, other officer or employee of the multistate cooperative society to give to the person making inspection under this section all assistance in connection with the inspection which the multistate cooperative society may be reasonably expected to give. 4 the person making the inspection under this section may, during the course of inspection, i make or cause to be made copies of books of account and other books and papers, or ii place or cause to be placed any marks or identification thereon in token of the inspection having been made. 5 notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, the central registrar or an officer authorised under clause ii of subsection 1, making an inspection under this section shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit, in respect of the following matters, namely: i the discovery and production of books of account and other documents, at such place and such time as may be specified by such person ii summoning and enforcing the attendance of persons and examining them on oath iii inspection of any books, register and other documents of the multistate cooperative society at any place. 6 where an inspection of the books of account and other books and papers of the multistate cooperative society has been made under this section, the central registrar or an officer authorised under clause ii of subsection 1, making the inspection shall make a report to the central government.

section 101. of the multistate cooperative societies act : 1 the appellate authority referred to in section 99, may, on the application of any party, review its own order in any case and pass in reference thereto such orders as it thinks fit: provided that no such application shall be entertained unless the appellate authority is satisfied that there has been a discovery of new and important matter or evidence which after exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the order was made or that there has been some mistake or error apparent on the face of the record or for any other sufficient reason: provided further that no such order shall be made under this subsection unless notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard. 2 an application for review under subsection 1 by any party shall be made within thirty days from the date of communication of the order of the appellate authority sought to be reviewed.

section 102. of the multistate cooperative societies act : where an appeal is made under section 99, the appellate authority may in order to prevent the ends of justice being defeated, make such interlocutory orders, including an order of stay pending the decision of the appeal as such authority may deem fit.

section 107. of the multistate cooperative societies act : 1 the register of members commencing from the date of the registration of multistate cooperative society, the index of members, the register of debenture holders, and copies of all annual returns prepared together with the copies of certificates and documents, shall be kept at the registered office of the multistate cooperative society. 2 the registers, indexes, returns and copies of certificates and other documents referred to in subsection 1 shall be open during business hours subject to such reasonable restrictions, as the multistate cooperative society may impose, so that not less than two hours in each day are allowed for inspection to the inspection a of any member or debenture holder, without fee and b of any other person, on payment of such sum as may be prescribed for each inspection.

section 103. of the multistate cooperative societies act : 1 where, by virtue of the provisions of part ii of the state reorganisation act, 37 of or any other enactment relating to reorganisation of states, any cooperative society which immediately before the day on which the reorganisation takes place, had its objects confined to one state becomes, as from that day, a multistate cooperative society, it shall be deemed to be a multistate cooperative society registered under the corresponding provisions of this act and the byelaws of such society shall, in so far as they are not inconsistent with the provisions of this act, continue to be in force until altered or rescinded. 2 if it appears to the central registrar or any officer authorised in this behalf by the central government hereafter in this section referred to as the authorised officer that it is necessary or expedient to reconstitute or reorganise any society referred to in subsection 1, the central registrar or the authorised officer, as the case may be, may, with the previous approval of the central government, places before a meeting of the general body of that society, held in such manner as may be prescribed, a scheme for the reconstitution or reorganisation, including proposals regarding a the formation of new multistate cooperative societies and the transfer thereto in whole or in part, of the assets and liabilities of that society or b the transfer, in whole or in part, of the assets and liabilities of that society to any other multistate cooperative society in existence immediately before the date of that meeting of the general body hereafter in this section referred to as the existing multistate cooperative society. 3 if the scheme is sanctioned by a resolution passed by a majority of the members present at the said meeting, either without modifications or with modifications to which the central registrar or the authorised officer agrees, he shall certify the scheme and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law, regulation or byelaws for the time being in force, be binding on all the societies affected by the scheme, as well as the shareholders and creditors of all such societies. 4 if the scheme is not sanctioned under subsection 3, the central registrar or the authorised officer may refer the scheme to such judge of the appropriate high court, as may be nominated in this behalf by the chief justice thereof, and the decision of that judge in regard to the scheme shall be final and shall be binding on all the societies affected by the scheme as well as the shareholders and creditors of all such societies. explanation.for the purposes of this subsection, appropriate high court means the high court within the local limits of whose jurisdiction the principal place of business of the multistate cooperative society is situated. 5 notwithstanding anything contained in this section, where a scheme under subsection 2 includes any proposal regarding the transfer of the assets and liabilities of any multistate cooperative society referred to in clause b thereof, the scheme shall not be binding on such multistate cooperative society or the shareholders and creditors thereof, unless the proposal regarding such transfer is accepted by that multistate cooperative society by a resolution passed by a majority of the members present at a meeting of its general body.

section 109. of the multistate cooperative societies act : at every annual general meeting of a multistate cooperative society, the board shall lay before the multistate cooperative society a a balancesheet as at the end of every cooperative year and b a profit and loss account for that year.

section 104. of the multistate cooperative societies act : 1 a multistate cooperative society or an officer or member thereof wilfully making a false return or furnishing false information, or any person wilfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this act, or wilfully not furnishing any information required from him by a person authorised in this behalf under the provisions of this act, shall be punishable with fine which shall not be less than two thousand rupees and which may extend to ten thousand rupees. 2 any employer who, without sufficient cause, fails to pay to a multistate cooperative society the amount deducted by him under section 60 within a period of fourteen days from the date on which such deduction is made shall, without prejudice to any action that may be taken against him under any other law for the time being in force, be punishable with fine which may extend to five thousand rupees. 3 any officer or custodian who wilfully fails to hand over custody of books, accounts, documents, records, cash, security and other property belonging to a multistate cooperative society of which he is an officer or custodian, to a person entitled under section 54, or section 70, or section 78, or section 79, or section 89 shall be punishable with fine which may extend to two thousand rupees and in the case of a continuing breach, with a further fine which may extend to five thousand rupees for every day during which the breach is continued after conviction for the first such breach. 4 whoever, before, during or after the election of delegates under the proviso to subsection 1 of section 38 or election of members of the board, a fraudulently defaces or fraudulently destroys any nomination paper or b fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer or c fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or d without due authority supplies any ballot paper to any person or received any ballot paper from any person or is in possession of any ballot papers or e fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in or f without due authority destroys, takes, opens or otherwise interferes, with any ballot box or ballot papers then in use for the purposes of the election or g fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts h offers any gift or promises to offer any gratification to any person with the object, directly or indirectly, of including i a person to stand or not to stand as, or to withdraw or not to withdraw from, being a candidate at an election or ii a member to vote or refrain from voting at an election, or as a reward to a person for having so stood or not stood or for having withdrawn or not having withdrawn his candidature or iii a member for having voted or refrained from voting, shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

section 106., to be open to inspection. of the multistate cooperative societies act : every multistate cooperative society shall keep a copy of the rules and its byelaws and also a list of its members, open to inspection free of charge at all reasonable times, at the registered address of the society.

section 110. of the multistate cooperative societies act : 1 every multistate cooperative society shall cause minutes of all proceedings of every general meeting and of all proceedings of every meeting of its board or of every committee of the board, to be kept by making within thirty days of the conclusion of every such meeting concerned, entries thereof in books kept for that purpose with their pages consecutively numbered. 2 each page of every such book shall be initialed or signed and the last page of the record of proceedings of each meeting in such books shall be dated and signed a in the case of minutes of proceedings of a meeting of the board or of a committee thereof, by the chairperson of the said meeting or the chairperson of the next succeeding meeting b in the case of minutes of proceedings of a general meeting, by the chairperson of the same meeting within the aforesaid period of thirty days or in the event of the death or inability of that chairperson within that period, by a member of the board duly authorised by the board for the purpose. 3 in no case the minutes of proceedings of a meeting shall be attached to any such books as aforesaid by pasting or otherwise. 4 the minutes of each meeting shall contain a fair and correct summary of the proceedings thereat. 5 all appointments of officers made at any of the meetings aforesaid shall be included in the minutes of the meeting. 6 in the case of a meeting of the board or of a committee of the board, the minutes shall also contain a the names of the members of the board present at the meeting and b in the case of each resolution passed at the meeting, the names of the members of the board, if any, dissenting from, or not concurring in, the resolution. 7 nothing contained in subsection 1 to 6 shall be deemed to require the inclusion in any such minutes of any matter which, in the opinion of the chairperson of the meeting a is, or could reasonably be regarded as, defamatory of any person b is irrelevant or immaterial to the proceedings or c is detrimental to the interests of the multistate cooperative society. explanation.the chairperson shall exercise an absolute discretion in regard to the inclusion or noninclusion of any matter in the minutes on the grounds specified in this subsection.

section 105. of the multistate cooperative societies act : 1 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act. 2 no prosecution for offences under section 104 shall be instituted except on a complaint filed in writing by a member of a multistate cooperative society or by the central registrar in the competent court.

section 112. of the multistate cooperative societies act : where minutes of the proceedings of any general meeting of the multistate cooperative society or of any meeting of its board or a committee of the board have been kept in accordance with the provisions of section 110, then, until the contrary is proved, the meeting shall be deemed to have been duly called and held, and all proceedings thereat to have duly taken place, and in particular, all appointments of directors or liquidators made at the meeting shall be deemed to be valid.

section 111. of the multistate cooperative societies act : minutes of meetings kept in accordance with the provision of section 110 shall be evidence of the proceedings recorded therein.

section 118. of the multistate cooperative societies act : no suit, prosecution or other legal proceedings shall lie against the central registrar or, any person subordinate to him or acting on his authority or against any other person, in respect of anything in good faith done or purporting to have been done under this act.

section 113. of the multistate cooperative societies act : the books containing the minutes of the proceedings of any general meeting of a multistate cooperative society shall a be kept at the registered office of that society, and b be open, during business hours, to the inspection of any member of that society.

section 114. of the multistate cooperative societies act : any person appointed as liquidator under the provisions of this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 115. of the multistate cooperative societies act : no suit shall be instituted against a multistate cooperative society or any of its officers in respect of any act touching the constitution, management or the business of the society until the expiration of ninety days next after notice in writing has been delivered to the central registrar or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left.

section 116. of the multistate cooperative societies act : 1 if the central government is satisfied that any multistate cooperative society should be designate as a national cooperative society or any national cooperative society specified in the second schedule should be omitted from the said schedule, it may, by notification, amend the said schedule so at to include therein such multistate cooperative society or exclude therefrom such national cooperative society, and thereupon the said schedule shall be deemed to have been amended accordingly. 2 a copy of every notification under subsection 1 shall be laid before each house of parliament as soon as may be after it is made.

section 119. of the multistate cooperative societies act : notwithstanding anything contained to the contrary in any law relating to cooperative societies in force in a state, a multistate cooperative society, not being a cooperative bank, may open branches or places of business in any place in india.

section 120. of the multistate cooperative societies act : every year within six months of the closure of the accounting year every multistate cooperative society shall file the following returns with the central registrar, namely: a annual report of the activities b audited statements of accounts c plan for surplus disposal as approved by the general body d list of amendments to the byelaws of the multistate cooperative society e declaration regarding date of holding of general body meeting and conduct of elections where due f any other information required by the central registrar in pursuance of any of the provisions of this act.

section 117. of the multistate cooperative societies act : 1 save as otherwise provided in this act, no court shall have jurisdiction in respect of a the registration of a multistate cooperative society or its byelaws or of an amendment of the byelaws b any matter concerning the winding up and the dissolution of a multistate cooperative society. 2 while a multistate cooperative society is being wound up, no suit or other legal proceedings relating to the business of such society shall be proceeded with or instituted against the liquidator or against the society or any member thereof, except by leave of the central registrar and subject to such terms and conditions as he may impose. 3 save as otherwise provided in this act, no decision or order made under this act shall be questioned in any court.

section 121. of the multistate cooperative societies act : 1 the provisions of the companies act, 1 of and the monopolies and restrictive trade practices act, 54 of shall not apply to the multistate cooperative societies. 2 the multistate cooperative societies registered or deemed to be registered under the provisions of this act shall not indulge in monopolistic and restrictive trade practices as defined in the monopolies and restrictive trade practices act, 54 of .

section 122. of the multistate cooperative societies act : if the central government is satisfied that in the public interest or for the purposes of securing proper implementation of cooperative production and other developmental programmes approved or undertaken by the central government or to secure proper management of the business of the specified multistate cooperative societies generally or for preventing the affairs of such society being conducted in a manner detrimental to the interests of the members, any depositors or creditors thereof, it is necessary to issue directions to any class of specified multistate cooperative societies generally or to any specified multistate cooperative society or societies in particular, the central government may issue directions to it or to them, from time to time, and all such specified multistate cooperative society or the societies concerned, as the case may be, shall be bound to comply with such directions.

section 126. of the multistate cooperative societies act : 1 the multistate cooperative societies act, 51 of is hereby repealed. 2 without prejudice to the provisions contained in the general clauses act, 10 of with respect to repeals, any notifications, rule, order, requirement, registration, certificate, notice, decision, direction, approval, authorisation, consent, application, request or thing made, issued given or done under the multistate cooperative societies act, 51 of shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued given or done under the corresponding provisions of this act. 3 every multistate cooperative society existing immediately before the commencement of this act which has been registered under the cooperative societies act, 2 of or under any other act relating to cooperative societies in force, in any state or in pursuance of the provisions of the multiunit cooperative societies act, 6 of , or the multistate cooperative societies act, 51 of shall be deemed to be registered under the corresponding provisions of this act, and the byelaws of such society shall, in so far as they are not inconsistent with the provisions of this act, or the rules, continue to be in force until altered or rescinded. 4 all appointments, rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under any of the acts referred to in subsection 1 shall, in so far as they are not inconsistent with the provisions of this act, be deemed to have been respectively made, issued and instituted under this act, save that an order made cancelling the registration of a multistate cooperative society shall be deemed, unless the society has already been finally liquidated, to be an order made under section 86 for its being wound up. 5 the provisions of this act shall apply to a any application for registration of a multistate cooperative society b any application for registration of amendment of byelaws of a multistate cooperative society, pending at the commencement of this act and to the proceedings consequent thereon and to any registration granted in pursuance thereof. 6 save as otherwise provided in this act, any legal proceeding pending in any court or before the central registrar or any other authority at the commencement of this act shall be continued to be in that court or before the central registrar or that authority as if this act had not been passed.

section 123. of the multistate cooperative societies act : 1 if in the opinion of the central government, the board of any specified multistate cooperative society is persistently making default or is negligent in the performance of the duties imposed on it by this act or the rules or the byelaws or has committed any act which is prejudicial to the interests of the society or its members, or has omitted or failed to comply with any directions given to it under section 122 or that there is a stalemate in the constitution or functions of the board, the central government may, after giving the board an opportunity to state its objections, if any, and considering the objections, if received, by order in writing, remove the board and appoint one or more administrators, who need not be members of the society, to manage the affairs of the society for such period not exceeding six months, as may be specified in the order which period may, at the discretion of the central government, be extended from time to time so, however, that the aggregate period does not exceed one year: provided that in the case of a cooperative bank, the provisions of this subsection shall have effect as if for the words one year, the words two years had been substituted. 2 the central government may fix such remuneration for the administrators, as it may think fit and the remuneration shall be paid out of the funds of the specified multistate cooperative society. 3 the administrator shall, subject to the control of the central government and to such instructions as it may from time to time give, have power to exercise all or any of the functions of the board or of any officer of the specified multistate cooperative society and take all such actions as may be required in the interests of the society. 4 save as otherwise provided in subsection 5, the administrator shall, before the expiry of his term of office, arrange for the constitution of a new board in accordance with the byelaws of the specified multistate cooperative society. 5 if, at any time during the period the administrator is in office, the central government considers it necessary or expedient so to do, it may, by order in writing giving reasons therefor, direct the administrator to arrange for the constitution of a new board for such specified multistate cooperative society in accordance with the byelaws of such society and immediately on the constitution of such board, the administrator shall hand over the management of such society to such newly constituted board and cease to function. 6 where a specified multistate cooperative society is indebted to any financial institution, the central government shall, before taking any action, under subsection 1 in respect of that society, consult the financial institution. explanation.for the purposes of sections 122 and 123, specified multistate cooperative society means any multistate cooperative society in which not less than fiftyone per cent. of the paidup share capital or, of total shares, is held by the central government.

section 125. of the multistate cooperative societies act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 124. of the multistate cooperative societies act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form to be used, the particulars to be given and the conditions to be complied with in the making of applications under section 6 for the registration of a multistate cooperative society and the procedure in the matter of such applications b the matters in respect of which a multistate cooperative society may make byelaws under subsection 2 of section 10 c the manner in which the order of refusal to register any amendment of the byelaws shall be communicated under subsection 9 of section 11 d the manner in which a multistate cooperative society shall have a principal place of business and registered address under section 14 e the procedure and conditions for change in the extent of the liability of a multistate cooperative society under section 16 f the manner in which order of refusal to register an amendment of byelaws shall be communicated under subsection 4 of section 22 g the classification of federal cooperative and other terms and conditions applicable to in under subsection 3 of section 23 h the restriction on holding the share capital of the society other than a member referred to in section 33 i the constitution and powers of smaller body representing the general body under the proviso to subsection 1 of section 38 j the period within which annual general meeting be called and the procedure at such meetings and the powers to be exercised by such meeting under section 39 k the election of members of the board under subsection 2 of section 45 through secret ballot l the nomination of members under the second proviso to subsection 1 of section 48 m the additional measures and acts which may be taken or, as the case may be, done by the board under section 49 n the salary and allowances payable to and other terms and conditions of the chief executive under subsection 3 of section 51 o the conditions subject to which the board may constitute an executive committee and other committees or subcommittees under subsection 1 of section 53 p the persons by whom and the form in which copies of entries in books of multistate cooperative societies may be certified under section 58 and the charges to be levied for the supply of such copies q providing aid to multistate cooperative societies on certain terms and conditions under clause g of section 61 r the conditions under which profits may be distributed to the members of a multistate cooperative society and the maximum rate of dividend which may be paid by the multistate cooperative societies under section 63 s establishment of contributory provident fund under subsection 1 of section 69 t the manner of disposing of the surplus under clause k of subsection 2 of section 90 u the manner in which surplus assets be divided by the central registrar with the previous sanction of the central government under clause b of section 91 v the appellate authority to be specified under subsection 2 of section 99 w the procedure under section 103 for reconstitution and reorganisation of societies which became the multistate cooperative societies consequent on reorganisation of states x the inspection of records of the society on payment of fees under clause b of subsection 2 of section 107 y any other matter which is required to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the waqf act : 18. state government to bear cost of survey.the total cost of making a survey including the cost of publication of the list or lists of auqaf under this chapter shall be borne by the state government. 1. subs. by s. 10, ibid., for section 8 w.e.f. .

section 1. of the waqf act : this act may be called the 1waqf act, . 2 it extends to the whole of india 2. 3 it shall come into force in a state on such date3 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different areas within a state and for different provisions of this act, and any reference in any provision to the commencement of this act, shall, in relation to any state or area therein, be construed as reference to the commencement of that provision in such state or area. 1. subs. by s. 3, ibid., for wakf w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. 1st january, , vide notification no. s.o. e, dated 27th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the waqf act : save as otherwise expressly provided under this act, this act shall apply to all 1auqaf whether created before or after the commencement of this act: provided that nothing in this act shall apply to durgah khawaja saheb, ajmer to which the durgah khawaja saheb act, 36 of applies. 1. subs. by act 27 of , s. 2, for wakfs w.e.f. .

section 4. of the waqf act : 4. preliminary survey of 2 auqaf.1 the state government may, by notification in the official gazette, appoint for the state a survey commissioner of 2auqaf and as many additional or assistant survey commissioners of 2auqaf as may be necessary for the purpose of making a survey of 3auqaf in the state. 41a every state government shall maintain a list of auqaf referred to in subsection 1 and the survey of auqaf shall be completed within a period of one year from the date of commencement of the wakf amendment act, 27 of , in case such survey was not done before the commencement of the wakf amendment act, : provided that where no survey commissioner of waqf has been appointed, a survey commissioner for auqaf shall be appointed within three months from the date of such commencement. 2 all additional and assistant survey commissioner of 2auqaf shall perform their functions under this act under the general supervision and control of the survey commissioner of 2auqaf. 3 the survey commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of 2auqaf existing at the date of the commencement of this act in the state or any part thereof, to the state government containing the following particulars, namely: a the number of 2auqaf in the state showing the shia 2auqaf and sunni 2auqaf separately b the nature and objects of each 1waqf c the gross income of the property comprised in each 1waqf d the amount of land revenue, cesses, rates and taxes payable in respect of each 1waqf e the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each 1waqf and f such other particulars relating to each 1waqf as may be prescribed. 4 the survey commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and examining any witness b requiring the discovery and production of any document c requisitioning any public record from any court or office d issuing commissions for the examination of any witness or accounts e making any local inspection or local investigation f such other matters as may be prescribed. 5 if, during any such inquiry, any dispute arises as to whether a particular 1waqf is a shia 5waqf or sunni 5waqf and there are clear indications in the deed of 5waqf as to its nature, the dispute shall be decided on the basis of such deed. 6 the state government may, by notification in the official gazette, direct the survey commissioner to make a second or subsequent survey of 5waqf properties in the state and the provisions of subsections 2, 3, 4 and 5 shall apply to such survey as they apply to a survey directed under subsection 1: provided that no such second or subsequent survey shall be made until the expiry of a period of 6ten years from the date on which the report in relation to the immediately previous survey was submitted under subsection 3: 7provided further that the waqf properties already notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 6, ibid., for wakfs existing in the state at the date of the commencement of this act w.e.f. . 4. ins. by s. 6, ibid. w.e.f. . 5. subs. by act 27 of , s. 4, for wakf w.e.f. . 6. subs. by s. 6, ibid., for twenty years w.e.f. . 7. ins. by s. 6, ibid. w.e.f. .

section 7. of the waqf act : 7. power of tribunal to determine disputes regarding 1auqaf.1 if, after the commencement of this act, 2any question or dispute arises, whether a particular property specified as 3waqf property in a list of 1auqaf is 3waqf property or not, or whether a 3waqf specified in such list is a shia 3waqf or a sunni 3waqf, the board or the mutawalli of the 3waqf, 4or any person aggrieved by the publication of the list of auqaf under section 5 therein, may apply to the tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the tribunal thereon shall be final: provided that a in the case of the list of 1auqaf relating to any part of the state and published after the commencement of this act no such application shall be entertained after the expiry of one year from the date of publication of the list of 1auqaf and b in the case of the list of 1auqaf relating to any part of the state and published at any time within a period of one year immediately preceding the commencement of this act, such an application may be entertained by tribunal within the period of one year from such commencement: provided further that where any such question has been heard and finally decided by a civil court in a suit instituted before such commencement, the tribunal shall not reopen such question. 2 except where the tribunal has no jurisdiction by reason of the provisions of subsection 5, no proceeding under this section in respect of any 3waqf shall be stayed by any court, tribunal or other authority by reason only of the pendency of any suit, application or appeal or other proceeding arising out of any such suit, application, appeal or other proceeding. 3 the chief executive officer shall not be made a party to any application under subsection 1. 4 the list of 1auqaf and where any such list is modified in pursuance of a decision of the tribunal under subsection 1, the list as so modified, shall be final. 5 the tribunal shall not have jurisdiction to determine any matter which is the subjectmatter of any suit or proceeding instituted or commenced in a civil court under subsection 1 of section 6, before the commencement of the act or which is the subjectmatter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case may be. 56 the tribunal shall have the powers of assessment of damages by unauthorised occupation of waqf property and to penalise such unauthorised occupants for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the collector: provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 9, ibid., for any question w.e.f. . 3. subs. by s. 4, ibid., for wakf w.e.f. . 4. subs. by s. 9, ibid., for or any person interested w.e.f. . 5. ins. by s. 9, ibid. w.e.f. .

section 9. of the waqf act : show related subordinates 9. establishment and constitution of central 1waqf council.21 the central government may, by notification in the official gazette, establish a council to be called the central waqf council, for the purpose of advising the central government, the state governments and the boards on matters concerning the working of boards and the due administration of auqaf. 1a the council referred to in subsection 1 shall issue directives to the boards, on such issues and in such manner, as provided under subsections 4 and 5. 2 the council shall consist of a the union minister incharge of 2waqfex officio chairperson b the following members to be appointed by the central government from amongst muslims, namely: i three persons to represent muslim organisations having all india character and national importance 3ii four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine iii three members of parliament of whom two shall be from the house of the people and one from the council of states iv chairpersons of three boards by rotation v two persons who have been judges of the supreme court or a high court vi one advocate of national eminence vii one person to represent the mutawallis of the 1waqf having a gross annual income of rupees five lakhs and above viii three persons who are eminent scholars in muslim law: 4provided that at least two of the members appointed under subclauses i to viii shall be women. 3 the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the council shall be such as may be, prescribed by rules made by the central government. 44 the state government or, as the case may be, the board, shall furnish information to the council on the performance of waqf boards in the state, particularly on their financial performance, survey, maintenance of waqf deeds, revenue records, encroachment of waqf properties, annual reports and audit reports in the manner and time as may be specified by the council and it may suo motu call for information on specific issues from the board, if it is satisfied that there was prima facie evidence of irregularity or violation of the provisions of this act and if the council is satisfied that such irregularity or violation of the act is established, it may issue such directive, as considered appropriate, which shall be complied with by the concerned board under intimation to the concerned state government. 5 any dispute arising out of a directive issued by the council under subsection 4 shall be referred to a board of adjudication to be constituted by the central government, to be presided over by a retired judge of the supreme court or a retired chief justice of a high court and the fees and travelling and other allowances payable to the presiding officer shall be such as may be specified by that government. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 11, ibid., for subsection 1 w.e.f. . 3. subs. by s. 11, ibid., for subclause ii w.e.f. . 4. ins. by s. 11, ibid. w.e.f. .

section 5. of the waqf act : 5. publication of list of 1 auqaf.1 on receipt of a report under subsection 3 of section 4, the state government shall forward a copy of the same to the board. 2 the board shall examine the report forwarded to it under subsection 1 and 2fordward it back to the government within a period of six months for publication in the official gazette a list of sunni 1auqaf or shia 1auqaf in the state, whether in existence at the commencement of this act or coming into existence thereafter, to which the report relates, and containing such other particulars as may be prescribed. 33 the revenue authorities shall i include the list of auqaf referred to in subsection 2, while updating the land records and ii take into consideration the list of auqaf referred to in subsection 2, while deciding mutation in the land records. 4 the state government shall maintain a record of the lists published under subsection 2 from time to time. 1. subs. by s. 4, ibid., for wakfs w.e.f. . 2. subs. by s. 7, ibid., for publish in the official gazette w.e.f. . 3. ins. by s. 7, ibid. w.e.f. .

section 10. of the waqf act : 1 every board shall pay from its 1waqf fund annually to the council such contribution as is equivalent to one per cent. of the aggregate of the net annual income of the 2auqaf in respect of which contribution is payable under subsection 1 of section 72: provided that where the board, in the case of any particular 1waqf has remitted under subsection 2 of section 72 the whole of the contribution payable to it under subsection 1 of that section, then for calculating the contribution payable to the council under this section the net annual income of the 1waqf in respect of which such remission has been granted shall not be taken into account. 2 all monies received by the council under subsection 1 and all other monies received by it as donations, benefactions and grants shall form a fund to be called the central 1waqf fund. 3 subject to any rules that may be made by the central government in this behalf, the central 1waqf fund shall be under the control of the council and may be applied for such purposes as the council may deem fit. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. .

section 6. of the waqf act : 6. disputes regarding 2auqaf.1 if any question arises whether a particular property specified as 1waqf property in the list of 2auqaf is 1waqf property or not or whether a 1waqf specified in such list is a shia 1waqf or sunni 1waqf, the board or the mutawalli of the 1waqf or 3 any person aggrieved may institute a suit in a tribunal for the decision of the question and the decision of the tribunal in respect of such matter shall be final: provided that no such suit shall be entertained by the tribunal after the expiry of one year from the date of the publication of the list of 2auqaf: 4provided further that no suit shall be instituted before the tribunal in respect of such properties notified in a second or subsequent survey pursuant to the provisions contained in subsection 6 of section 4. 5 2 notwithstanding anything contained in subsection 1, no proceeding under this act in respect of any 1waqf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. 3 the survey commissioner shall not be made a party to any suit under subsection 1 and no suit, prosecution or other legal proceeding shall lie against him in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder. 4 the list of 6auqaf shall, unless it is modified in pursuance of a decision of the tribunal under subsection 1, be final and conclusive. 5 on and from the commencement of this act in a state, no suit or other legal proceeding shall be instituted or commenced in a court in that state in relation to any question referred to in subsection 1. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 8, ibid., for any person interested therein w.e.f. . 4. ins. by s. 8, ibid. w.e.f. . 5. the explanation omitted by s. 8, ibid.w.e.f. . 6. subs. by act 27 of , s. 4, for wakfs w.e.f. .

section 3. of the waqf act : in this act, unless the context otherwise requires, a beneficiary means a person or object for whose benefit a 1waqf is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the muslim law: b benefit does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli c board means a board of 1waqf established under subsection 1, or as the case may be, under subsection 2 of section 13 and shall include a common 1waqf board established under section 106 d chief executive officer means the chief executive officer appointed under subsection 1 of section 23 e council means the central1waqf council established under section 9 2ee encroacher means any person or institution, public or private, occupying waqf property, in whole or part, without the authority of law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the board f executive officer means the executive officer appointed by the board under subsection 1 of section 38 3g list of auqaf means the list of auqaf published under subsection 2 of section 5 or contained in the register of auqaf maintained under section 37 h member means a member of the board and includes the chairperson i mutawalli means any person appointed, either verbally or under any deed or instrument by which a 4waqf has been created, or by a competent authority, to be the mutawalli of a 4waqf and includes any person who is a mutawalli of a 4waqf by virtue of any custom or who is a naibmutawalli, khandim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this act, any person, committee or corporation for the time being, managing or administering any 4waqf or 4waqf property: provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an officebearer of such committee or corporation: 5provided further that the mutawalli shall be a citizen of india and shall fulfil such other qualifications as may be prescribed: provided also that in case a waqf has specified any qualifications, such qualifications may be provided in the rules as may be made by the state government j net annual income, in relation to a 5waqf, means net annual income determined in accordance with the provisions of the explanations to subsection 1 of section 72 k person interested in a 4waqf means any person who is entitled to receive any pecuniary or other benefits from the 4waqf and includes i any person who has a right to 6offer prayer or to perform any religious rite in a mosque, idgah, imambara,dargah, 7khanqah, peerkhana and karbala, maqbara, graveyard or any other religious institution connected with the 4waqf or to participate in any religious or charitable institution under the 4waqf ii the 8waqif and any descendant of the 8waqif and the mutawalli l prescribed, except in chapter iii, means prescribed by rules made by the state governments m regulations means the regulations made by the board under this act n shia 4waqf means a 4waqf governed by shia law o sunni 4waqf means a 4waqf governed by sunni law p survey commissioner means the survey commissioner of 4waqf appointed under subsection 1 of section 4 and includes any additional or assistant survey commissioners of 9auqaf under subsection 2 of section 4 q tribunal, in relation to any area, means the tribunal constituted under subsection 1 of section 83, having jurisdiction in relation to that area 10r waqf means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes i a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser ii a shamlat patti, shamlat deh, jumla malkkan or by any other name entered in a revenue record iii grants, including mashratulkhidmat for any purpose recognised by the muslim law as pious, religious or charitable and iv a waqfalalaulad to the extent to which the property is dedicated for any purpose recognised by muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by muslim law, and waqif means any person making such dedication s 11waqf deed means any deed or instrument by which a 11waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied t 11waqf fund means a 11waqf fund formed under subsection 1 of section 77. 1. subs. by s. 3, ibid., for wakf w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. subs. by s. 5, ibid., for clause g w.e.f. . 4. subs. by act 27 of , s. 4, for wakf w.e.f. . 5. ins. by s. 5, ibid. w.e.f. . 6. subs. by s. 5, ibid., for worship w.e.f. . 7. subs. by s. 5, ibid., for khangah w.e.f. . 8. subs. by s. 4, ibid., for wakif w.e.f. . 9. subs. by s. 4, ibid., for wakfs w.e.f. . 10. subs. by s. 5, ibid., for clause r w.e.f. . 11. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 14. of the waqf act : show related subordinates 1 the board for a state and 2the national capital territory of delhi shall consist of a a chairperson b one and not more than two members, as the state government may think fit, to be elected from each of the electoral colleges consisting of i muslim members of parliament from the state or, as the case may be, 2the national capital territory of delhi ii muslim members of the state legislature 3iii muslim members of the bar council of the concerned state or union territory: provided that in case there is no muslim member of the bar council of a state or a union territory, the state government or the union territory administration, as the case may be, may nominate any senior muslim advocate from that state or the union territory, and iv mutawallis of the 1auqaf having an annual income of rupees one lakh and above. 4explanation i.for the removal of doubts, it is hereby declared that the members from categories mentioned in subclauses i to iv, shall be elected from the electoral college constituted for each category. explanation ii.for the removal of doubts it is hereby declared that in case a muslim member ceases to be a member of parliament from the state or national capital territory of delhi as referred to in subclause i of clause b or ceases to be a member of the state legislative assembly as required under subclause ii of clause b, such member shall be deemed to have vacated the office of the member of the board for the state or national capital territory of delhi, as the case may be, from the date from which such member ceased to be a member of parliament from the state national capital territory of delhi, or a member of the state legislative assembly, as the case may be 5c one person from amongst muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the state government d one person each from amongst muslims, to be nominated by the state government from recognised scholars in shia and sunni islamic theology e one person from amongst muslims, to be nominated by the state government from amongst the officers of the state government not below the rank of joint secretary to the state government 61a no minister of the central government or, as the case may be, a state government, shall be elected or nominated as a member of the board: provided that in case of a union territory, the board shall consist of not less than five and not more than seven members to be appointed by the central government from categories specified under subclauses i to iv of clause b or clauses c to e in subsection 1: provided further that at least two members appointed on the board shall be women: provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the board. 2 election of the members specified in clause b of subsection 1 shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed: provided that where the number of muslim members of parliament, the state legislature or the state bar council, as the case may be, is only one, such muslim member shall be declared to have been elected on the board: provided further that where there are no muslim members in any of the categories mentioned in subclauses i to iii of clause b of subsection 1 the exmuslim members of parliament, the state legislature or exmember of the state bar council, as the case may be, shall constitute the electoral college. 3 notwithstanding anything contained in this section, where the state government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in subclauses i to iii of clause b of subsection 1, the state government may nominate such persons as the members of the board as it deems fit. 4 the number of elected members of the board shall, at all times, be more than the nominated members of the board except as provided under subsection 3. 7 6 in determining the number of shia members or sunni members of the board, the state government shall have regard to the number and value of shia 8auqaf and sunni 8auqaf to be administered by the board and appointment of the members shall be made, so far as may be, in accordance with such determination. 7 8 whenever the board is constituted or reconstituted, the members of the board present at a meeting convened for the purpose shall elect one from amongst themselves as the chairperson of the board. 9 the members of the board shall be appointed by the state government by notification in the official gazette. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 13, ibid., for the union territory of delhi w.e.f. . 3. subs. by s. 13, ibid., for subclause iii w.e.f. . 4. ins. by s. 13, ibid. w.e.f. . 5. subs. by s. 13, ibid., for clauses c, d and e w.e.f. . 6. ins. by act 27 of , s. 13 w.e.f. . 7. subsections 5 and 7 omitted by s. 13, ibid. w.e.f. . 8. subs. by s. 4, ibid., for wakfs w.e.f. .

section 11. of the waqf act : 1 the council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed by rules made by the central government. 2 the accounts of the council shall be audited and examined annually by such auditor as may be appointed by the central government. 3 the costs of the audit shall be paid from the central 1waqf fund. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 12. of the waqf act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, the members of the council b control over and application of the central 1waqf fund c the form and manner in which accounts of the council may be maintained. 3 every rule made by the central government under this chapter shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of third days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 13. of the waqf act : 1 with effect from such date as the state government may, by notification in the official gazette, appoint in this behalf, there shall be established a board of 1auqaf under such name as may be specified in the notification: 2provided that in case where a board of waqf has not been established, as required under this subsection, a board of waqf shall, without prejudice to the provisions of this act or any other law for the time being in force, be established within six months from the date of commencement of the wakf amendment act, 27 of . 2 notwithstanding anything contained in subsection 1, if the shia 3auqaf in any state constitute in number more than fifteen per cent. of all the 3auqaf in the state or if the income of the properties of the shia 3auqaf in the state constitutes more than fifteen per cent. of the total income of properties of all the 3auqaf in the state, the state government may, by notification in the official gazette, establish a board of 3auqaf each for sunni 3auqaf and for shia 3auqaf under such names as may be specified in the notification. 42a where a board of waqf is established under subsection 2 of section 13, in the case of shia waqf, the members shall belong to the shia muslim and in the case of sunni waqf, the members shall belong to the sunni muslim. 3 the board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued. 1. subs. by s. 4, ibid., for wakfs w.e.f. . 2. ins. by s. 12, ibid. w.e.f. . 3. subs. by act 27 of , s. 4, for wakfs w.e.f. . 4. ins. by s. 12, ibid. w.e.f. .

section 15. of the waqf act : the members of the board shall hold office for a term of five years 1from the date of notification referred to in subsection 9 of section 14. 1. ins. by s. 14, ibid. w.e.f. .

section 16. of the waqf act : a person shall be disqualified for being appointed, or for continuing as, a member of the board if a he is not a muslim and is less than twentyone years of age b he is found to be a person of unsound mind c he is an undischarged insolvent d he has been convicted of an offence involving moral turpitude and such conviction has not been reversed or he has not been granted full pardon in respect of such offence 1da he has been held guilty of encroachment on any waqf property e he has been on a previous occasion i removed from his office as a member or as a mutawalli, or ii removed by an order of a competent court or tribunal from any position of trust either for mismanagement or for corruption. 1. ins. by act 27 of , s. 15 w.e.f. .

section 17. of the waqf act : 1 the board shall meet for the transaction of business at such time and places as may be provided by regulations. 2 the chairperson, or in his absence, any member chosen by the members from amongst themselves shall preside at a meeting of the board. 3 subject to the provisions of this act, all questions which come before any meeting of the board shall be decided by a majority of votes of the members present, and in the case of equality of votes, the chairperson or, in his absence, any other person presiding shall have a second or casting vote.

section 18. of the waqf act : 1 the board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas committees for the supervision of 1auqaf. 2 the constitution, functions and duties and the term of office of such committees shall be determined from time to time by the board: provided that it shall not be necessary for the members of such committees to be members of the board. 1. subs. by s. 4, ibid., for wakfs w.e.f. .

section 19. of the waqf act : the chairperson or any other member may resign his office by writing under his hand addressed to the state government: provided that the chairperson or the member shall continue in office until the appointment of his successor is notified in the official gazette.

section 20. of the waqf act : 1 the state government may, by notification in the official gazette, remove the chairperson of the board or any member thereof if he a is or becomes subject to any disqualifications specified in section 16 or b refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the 1auqaf or c fails in the opinion of the board, to attend three consecutive meetings of the board, without sufficient excuse. 2 where the chairperson of the board is removed under subsection 1, he shall also cease to be a member of the board. 1. subs. by s. 4, ibid., for wakfs w.e.f. .

section 20a. of the waqf act : 120a. removal of chairperson by vote of no confidence.without prejudice to the provisions of section 20, the chairperson of a board may be removed by vote of no confidence in the following manner, namely: a no resolution expressing a vote of confidence or no confidence in any person elected as chairperson of a board shall be moved except in the manner prescribed and twelve months have not elapsed after the date of his election as a chairperson and be removed except with the prior permission of the state government b notice for no confidence shall be addressed to the state government stating clearly the grounds on which such motion is proposed to be moved and shall be signed by at least half the total members of the board c at least three members of the board signing the notice of no confidence shall personally present to the state government, the notice together with an affidavit signed by them to the effect that the signatures on no confidence motion are genuine and have been made by the signatories after hearing or reading the contents of the notice d on receipt of the notice of no confidence, as provided hereinabove, the state government shall fix such time, date and place as may be considered suitable for holding a meeting for the purpose of the proposed no confidence motion: provided that at least fifteen days notice shall be given for such a meeting e notice for meeting under clause d shall also provide that in the event of no confidence motion being duly carried on or, election of the new chairperson, as the case may be, shall also be held in the same meeting f the state government shall also nominate a gazetted officer other than an officer of the department which is concerned with the supervision and administration of the board to act as presiding officer of the meeting in which the resolution for no confidence shall be considered g the quorum for such a meeting of the board shall be onehalf of the total number of members of the board h the resolution for no confidence shall be deemed to be carried out, if passed by a simple majority of the members present i if a resolution for no confidence is carried out, the chairperson shall cease to hold office forthwith and shall be succeeded by his successor who shall be elected by another resolution in the same meeting j election of the new chairperson shall be conducted under clause i, in the meeting under the chairmanship of the said presiding officer referred to in clause f, in the following manner, namely: a chairperson shall be elected from amongst the elected members of the board b nomination of candidates shall be proposed and seconded in the meeting itself and election after withdrawal, if any, shall be held by method of secret ballot c election shall be held by simple majority of the members present in the meeting and in case of equality of votes, the matter shall be decided by drawing of lots and d proceedings of the meeting shall be signed by the presiding officer k new chairperson elected under clause h shall hold the office only up to the remainder of the term of the chairperson removed by the resolution of no confidence and l if the motion for passing the resolution of no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for considering the motion of no confidence shall be held within six months of the date of the previous meeting. 1. ins. by s. 16, ibid. w.e.f. .

section 21. of the waqf act : when the seat of a member becomes vacant by his removal, resignation, death or otherwise, a new member shall be appointed in his place and such member shall hold office so long as the member whose place he fills would have been entitled to hold office, if such vacancy had not occurred.

section 22., not to invalidate proceedings of the board. of the waqf act : no act or proceeding of the board shall be invalid by reason only of the existence of any vacancy amongst its member or any defect in the constitution thereof.

section 23. of the waqf act : 11there shall be a fulltime chief executive officer of the board who shall be a muslim and shall be appointed by the state government, by notification in the official gazette, from a panel of two names suggested by the board and who shall not be below the rank of deputy secretary to the state government, and in case of nonavailability of a muslim officer of that rank, a muslim officer of equivalent rank may be appointed on deputation. 2 the term of office and other conditions of service of the chief executive officer shall be such as may be prescribed. 3 the chief executive officer shall be ex officio secretary of the board and shall be under the administrative control of the board. 1. subs. by act 27 of , s. 17, for subsection 1 w.e.f. .

section 24. of the waqf act : 1 the board shall have the assistance of such number of officers and other employees as may be necessary for the efficient performance of its functions under this act, details thereof shall be determined by the board in consultation with the state government. 2 the appointment of officers and other employees, their term of office and conditions of service shall be such as may be provided by regulations.

section 25. of the waqf act : 1 subject to the provisions of this act and of the rules made thereunder and the directions of the board, functions of the chief executive officer shall include a investigating the nature and extent of 1auqaf and 2waqf properties and calling whenever necessary, an inventory of 2waqf properties and calling, from time to time, for accounts, returns and information from mutawallis b inspecting or causing inspection of 2waqf properties and accounts, records, deeds or documents relating thereto c doing generally of such acts as may be necessary for the control, maintenance and superintendence of 1auqaf. 2 in exercising the powers of giving directions under subsection 1 in respect of any 2waqf, the board shall act in conformity with the directions by the 2waqf in the deed of the 2waqf, the purpose of 2waqf and such usage and customs of the 2waqf as are sanctioned by the school of muslim law to which the 2waqf belongs. 3 save as otherwise expressly provided in this act, the chief executive officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this act. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. .

section 26. of the waqf act : where the chief executive officer considers that an order or resolution passed by the board a has not been passed in accordance with the law or b is in excess of or is an abuse of the powers conferred on the board by or under this act or by any other law or c if implemented, is likely to i cause financial loss to the board or to the concerned2waqf or to the1auqaf generally or ii lead to a riot or breach of peace or iii cause danger to human life, health or safety or d is not beneficial to the board or to any 2waqf or to1auqaf generally, he may, before implementing such order or resolution, place the matter before the board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the state government along with his objections to the order or resolution, and the decision of the state government thereon shall be final. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. .

section 31. of the waqf act : it is hereby declared that the offices of the chairperson or member of a board shall not be disqualified and shall be deemed never to have been disqualified for being chosen as, or for being, a member of parliament 1or a member of union territory legislature or a member of a state legislature if so declared under a law made by the appropriate state legislature. 1 ins. by s. 21, ibid. w.e.f. .

section 27. of the waqf act : 127. delegation of powers by the board.the board may, by a general or special order in writing, delegate to the chairperson, any other member, the chief executive officer or any other officer or servant of the board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this act, as it may deem necessary, except the powers and functions of the board mentioned under clauses c, d, g and j of subsection 2 of section 32 and section 110. 1. subs. by act 27 of , s. 18, for section 27 w.e.f. .

section 28. of the waqf act : 128. power of district magistrate, additional district magistrate or subdivisional magistrate to implement the directions of the board.subject to the provisions of this act and the rules made thereunder, the district magistrate or in his absence an additional district magistrate or subdivisional magistrate of a district in the state shall be responsible for implementation of the decisions of the board which may be conveyed through the chief executive officer and the board may, wherever considers necessary, seek directions from the tribunal for the implementation of its decisions. 1. subs. by s. 19, ibid., for section 28 w.e.f. .

section 29. of the waqf act : 11 the chief executive officer or any officer of the board duly authorised by him in this behalf shall, 2subject to such conditions as may be prescribed, be entitled at all reasonable time to inspect, in any public office, any records, registers or other documents relating to a 3waqf, or movable or immovable properties which are 3waqf properties or are claimed to be 3waqf properties. 42 the mutawalli or any other person having the custody of any document related to waqf properties shall produce the same, within the prescribed period, before the chief executive officer on being called upon to do so in writing. 3 subject to such conditions as may be prescribed, an agency of the government or any other organisation shall supply, within ten working days, copies of the records, registers of properties or other documents relating to waqf properties or claimed to be waqf properties, to the chief executive officer on a written request to this effect from him: provided that before taking any course of action as mentioned in subsections 2 and 3, the chief executive officer shall obtain approval of the board. 1. s. 29 numbered as subsection 1 thereof by s. 20, ibid. w.e.f. . 2. subs. by s. 20, ibid., for certain words w.e.f.. 3. subs. by s. 4, ibid., for wakfw.e.f. . 4. ins. by s. 20, ibid. w.e.f. .

section 30. of the waqf act : 1 the board may allow inspection of its proceedings or other records in its custody and issue copies of the same on payment of such fees and subject to such conditions as may be prescribed. 2 all copies issued under this section shall be certified by the chief executive officer of the board in the manner provided in section 76 of the indian evidence act, 1 of . 3 the powers conferred on the chief executive officer by subsection 2 may be exercised by such other officer or officers of the board as may either generally or specially be authorised in this behalf by the board.

section 32. of the waqf act : 1 subject to any rules that may be made under this act, the general superintendence of all 1auqaf in a state shall vest in the board established or the state and it shall be the duty of the board so to exercise its powers under this act as to ensure that the 1auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such 1auqaf were created or intended: provided that in exercising its powers under this act in respect of any 2waqf, the board shall act in conformity with the directions of the 3waqif, the purposes of the 2waqf and any usage or custom of the 2waqf sanctioned by the school of muslim law to which the2waqf belongs. explanation.for the removal of doubts, it is hereby declared that in this subsection, 2waqf includes a 2waqf in relation to which any scheme has been made by any court of law, whether before or after the commencement of this act. 2 without prejudice to the generality of the foregoing power, the functions of the board shall be a to maintain a record containing information relating to the origin, income, object and beneficiaries of every2waqf b to ensure that the income and other property of4auqaf are applied to the objects and for the purposes for which such 4auqaf were intended or created c to give directions for the administration of 4auqaf d to settle schemes of management for a 2waqf: provided that no such settlement shall be made without giving the parties affected an opportunity of being heard e to direct i the utilisation of the surplus income of a 2waqf consistent with the objects of2waqf ii in what manner the income of a 2waqf, the objects of which are not evident from any written instrument, shall be utilised iii in any case where any object of2waqf has ceased to exist or has become incapable of achievement, that so much of the income of the 2waqf as was previously applied to that object shall be applied to any other object, which shall be similar, or nearly similar or to the original object or for the benefit of the poor or for the purpose of promotion of knowledge and learning in the muslim community: provided that no direction shall be given under this clause without giving the parties affected, an opportunity of being heard. explanation.for the purposes of this clause, the powers of the board shall be exercised i in the case of a sunni 2waqf, by the sunni members of the board only and ii in the case of a shia 2waqf, by the shia members of the board only: provided that where having regard to the number of the sunni or shia members in the board and other circumstances, it appears to the board that the power should not be exercised by such members only, it may coopt such other muslims being sunnis or shias, as the case may be, as it thinks fit, to be temporary members of the board for exercising its powers under this clause f to scrutinise and approve the budgets submitted by mutawallis and to arrange for auditing of account of 4auqaf g to appoint and remove mutawallis in accordance with the provisions of this act h to take measures for the recovery of lost properties of any 2waqf i to institute and defend suits and proceedings relating to4auqaf 5j to sanction lease of any immovable property of a waqf in accordance with the provisions of this act and the rules made thereunder: provided that no such sanction shall be given unless a majority of not less than twothirds of the members of the board present cast their vote in favour of such transaction: provided further that where no such sanction is given by the board, the reasons for doing so shall be recorded in writing. k to administer the 6waqf fund l to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 6waqf property as the board may, from time to time, require m to inspect, or cause inspection of,6waqf properties, accounts, records or deeds and documents relating thereto n to investigate and determine the nature and extent of 6waqf and 6waqf property, and to cause, whenever necessary, a survey of such 6waqf property 7na to determine or cause to be determined, in such manner as may be specified by the board, market rent of the waqf land or building o generally do all such acts as may be necessary for the control, maintenance and administration of 8auqaf. 3 where the board has settled any scheme of management under clause d or given any direction under clause e of subsection 2, any person interested in the 6waqf or affected by such settlement or direction may institute a suit in a tribunal for setting aside such settlement or directions and the decision of the tribunal thereon shall be final. 4 where the board is satisfied that any 6waqf land, which is a 6waqf property, 9has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like, market, housing flats and the like, it may serve upon the mutawalli of the concerned 6waqf a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. 5 on consideration of the reply, if any, received to the notice issued under subsection 4, the board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 10 take over the property, clear it of any building or structure thereon, which, in the opinion of the board is necessary for execution of the works and execute such works from 6waqf funds or from the finances which may be raised on the security of the properties of the 6waqf concerned, and control and manage the properties till such time as all expenses incurred by the board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property: provided that the board shall compensate annually the mutawalli of the concerned 6waqf to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the board. 6 after all the expenses as enumerated in subsection 5 have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 7waqf. 1. subs. by s. 4, ibid., for wakfs w.e.f. . 2. subs. by act 27 of , s. 4, for wakf w.e.f. . 3. subs. by s. 4, ibid., for wakif w.e.f. . 4. subs. by s. 4, ibid., for wakfs w.e.f. . 5. subs. by s. 22, ibid., for clause j w.e.f. . 6. subs. by act 27 of , s. 4, for wakf w.e.f. . 7. ins. by s. 22, ibid. w.e.f. . 8. subs. by s. 4, ibid., for wakfs w.e.f. . 9. subs. by s. 22, ibid., for offers a feasible potential for development as a shopping centre w.e.f. . 10. the words with the prior approval of the government, omitted by s. 22, ibid. w.e.f. .

section 33. of the waqf act : 1 with a view to examining whether, by reason of any failure or negligence on the part of a mutawalli in the performance of his executive or administrative duties, any loss or damage has been caused to any 1waqf or 1waqf property, the chief executive officer 2or any other person authorised by him in writing with the prior approval of the board, 3, may inspect all movable and immovable properties, which are 4waqf properties, and all records, correspondences, plans, accounts and other documents relating thereto. 2 whenever any such inspection as referred to in subsection 1 is made, the concerned mutawalli and all officers and other employees working under him and every person connected with the administration of the 4waqf, shall extend to the person making such inspection, all such assistance and facilities as may be necessary and reasonably required by him to carry out such inspection, and shall also produce for inspection any movable property or documents relating to the 4waqf as may be called for by the person making the inspection and furnish to him such information relating to the 4waqf as may be required by him. 3 where, after any such inspection, it appears that the concerned mutawalli or any officer or other employee who is or was working under him had misappropriated, misapplied or fraudulently retained, any money or other4waqf property, or had incurred irregular, unauthorised or improper expenditure from the funds of the 4waqf, the chief executive officer may, after giving the mutawalli or the person concerned a reasonable opportunity of showing cause why an order for the recovery of the amount or property, should not be passed against him and after considering such explanation, if any, as such person may furnish, determine the amount or the property which has been misappropriated, misapplied or fraudulently retained, or the amount of the irregular, unauthorised or improper expenditure incurred by such person, and make an order directing such person to make payment of the amount so determined and to restore the said property to the 4waqf, within such time as may be specified in the order. 4 a mutawalli or other person aggrieved by such order may, within thirty days of the receipt by him of the order, appeal to the tribunal: provided that no such appeal shall be entertained by the tribunal unless the appellant first deposits with the chief executive officer the amount which has been determined under subsection 3 as being payable by the appellant and the tribunal shall have no power to make any order staying pending the disposal of the appeal, the operation of the order made by the chief executive officer under subsection 3. 5 the tribunal may, after taking such evidence as it may think fit, confirm, reverse or modify the order made by the chief executive officer under subsection 3 or may remit, either in whole or in part, the amount specified in such order and may make such orders as to costs as it may think appropriate in the circumstances of the case. 6 the order made by the tribunal under subsection 5 shall be final. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. ins. by s. 23, ibid. w.e.f. . 3. the words either himself or any other person authorised by him in writing in this behalf omitted by s. 23, ibid. w.e.f. . 4. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 36. of the waqf act : 136. registration.1 every 2waqf, whether created before or after the commencement of this act, shall be registered at the office of the board. 2 application for registration shall be made by the mutawalli: provided that such applications may be 3made by the waqf or his descendants or a beneficiary of the 2waqf or any muslim belonging to the sect to which the 2waqf belongs. 3 an application for registration shall be made in such form and manner and at such place as the board may by regulation provide and shall contain the following particulars: a a description of the 2waqf properties sufficient for the identification thereof b the gross annual income from such properties c the amount of land revenue, cesses, rates and taxes annually payable in respect of the 2waqf properties d an estimate of the expenses annually incurred in the realisation of the income of the 2waqf properties e the amount set apart under the 2waqf for i the salary of the mutawalli and allowances to the individuals ii purely religious purposes iii charitable purposes and iv any other purposes f any other particulars provided by the board by regulations. 4 every such application shall be accompanied by a copy of the 2waqf deed or if no such deed has been executed or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the 2waqf. 5 every application made under subsection 2 shall be signed and verified by the applicant in the manner provided in the code of civil procedure, 5 of for the signing and verification of pleadings. 6 the board may require the applicant to supply any further particulars or information that it may consider necessary. 7 on receipt of an application for registration, the board may, before the registration of the 4waqf make such inquiries as it thinks fit in respect of the genuineness and validity of the application and correctness of any particulars therein and when the application is made by any person other than the person administering the 4waqf property, the board shall, before registering the 4waqf, give notice of the application to the person administering the 4waqf property and shall hear him if he desires to be heard. 8 in the case of 5auqaf created before the commencement of this act, every application for registration shall be made, within three months from such commencement and in the case of 5auqaf created after such commencement, within three months from the date of the creation of the 4waqf: provided that where there is no board at the time of creation of a 4waqf, such application will be made within three months from the date of establishment of the board. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 24, ibid., for made by the wakf w.e.f. . 4. subs. by act 27 of , s. 4, for wakf w.e.f. . 5. subs. by s. 4, ibid., for wakfs w.e.f. .

section 34. of the waqf act : where any mutawalli or other person who has been ordered, whether under subsection 3 or subsection 5 of section 33, to make any payment or to restore the possession of any property, omits or fails to make such payment or restoration within the time specified in such order, the chief executive officer, with the prior approval of the board shall, take such steps as he may think fit for the recovery of possession of the property aforesaid and shall also send a certificate to the collector of the district in which the property of such mutawalli or other person is situate, stating therein the amount that has been determined by him or by the tribunal, as the case may be, under section 33, as being payable by such mutawalli or other person, and, thereupon, the collector shall recover the amount specified in such certificate as if it were an arrear of land revenue and on the recovery of such amount, pay the same to the chief executive officer, who shall, on receipt thereof, credit the amount to the funds of the concerned 1waqf. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 41. of the waqf act : 41. power to cause registration of 1 waqf and to amend register.the board may direct a mutawalli to apply for the registration of a 1waqf, or to supply any information regarding a 1waqf or may itself cause the 1waqf to be registered or may at any time amend the register of 2auqaf. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. .

section 35. of the waqf act : 1 where the chief executive officer is satisfied that the mutawalli or any other person who has been ordered under subsection 3 or subsection 5 of section 33 to make any payment, with intent to defeat or delay the execution of the said order, a is about to dispose of the whole or any part of the property or b is about to remove the whole or any part of the property from the jurisdiction of the chief executive officer, he may, with prior approval of the board, apply to the tribunal for the conditional attachment of the said property or such part thereof, as he may think necessary. 2 the chief executive officer shall, unless the tribunal otherwise directs, specify in the application the property required to be attached and the estimated value thereof. 3 the tribunal may direct the mutawalli or the person concerned, as the case may be, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the tribunal when required, the said property or the value of the same or such portion thereof as may be sufficient to satisfy the amount specified in the certificate referred to in section 34, or to appear and show cause why he should not furnish such security. 4 the tribunal may also in the order direct the conditional attachment of the whole or any portion of the property so specified. 5 every attachment made under this section shall be made in accordance with the provisions of the code of civil procedure, 5 of , as if it were an order for attachment made under the provision of the said code.

section 37. of the waqf act : 37. register of 2auqaf. 31 the board shall maintain a register of 2auqaf which shall contain in respect of each 1waqf copies of the 1waqf deeds, when available and the following particulars, namely: a the class of the 1waqf b the name of the mutawallis c the rule of succession to the office of mutawalli under the1waqf deed or by custom or by usage d particulars of all 1waqf properties and all title deeds and documents relating thereto e particulars of the scheme of administration and the scheme of expenditure at the time of registration f such other particulars as may be provided by regulations. 42 the board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. 3 on receipt of the details as mentioned in subsection 2, the land record office shall, according to established procedure, either make necessary entries in the land record or communicate, within a period of six months from the date of registration of waqf property under section 36, its objections to the board. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. s. 37 numbered as subsection 1 thereof by s. 25, ibid. w.e.f. . 4. ins. by s. 25, ibid. w.e.f. .

section 42. of the waqf act : 42. change in the management of 2auqaf to be notified.1 in the case of any change in the management of a registered 1waqf due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the board. 2 in the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change to the board. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. .

section 38. of the waqf act : 1 notwithstanding anything contained in this act, the board may, if it is of the opinion that it is necessary so to do in the interests of the 1waqf, appoint on wholetime or parttime or in an honorary capacity, subject to such conditions as may be provided by regulations, an executive officer with such supporting staff as it considers necessary for any 1waqf having a gross annual income of not less than five lakh rupees: provided that the person chosen for appointment should be a person professing islam. 2 every executive officer appointed under subsection 1 shall exercise such powers and discharge such duties as pertain only to the administration of the property of the 1waqf for which he has been appointed and shall exercise those powers and discharge those duties under the direction, control and supervision of the board: provided that the executive officer who is appointed for a 1waqf having a gross annual income of not less than five lakh rupees shall ensure that the budget of the 1waqf is submitted, the accounts of the 1waqf are regularly maintained, and the yearly statement of accounts are submitted within such time as the board may specify. 3 while exercising his powers and discharging his functions under subsection 2, the executive officer shall not interfere with any religious duties or any usage or custom of the 1waqf sanctioned by the muslim law. 4 the salaries and allowances of the executive officer and his staff shall be fixed by the board and in fixing the quantum of such salary the board shall have due regard to the income of the 2waqf, the extent and nature of the duties of the executive officer and shall also ensure that the amounts of such salaries and allowances are not disproportionate to the income of the 2waqf and do not operate as an unnecessary financial burden on it. 5 the salaries and allowances of the executive officer and his staff shall be paid by the board from the 2waqf fund and, if the 2waqf generates any additional income as a result of appointment of the executive officer, the board may claim reimbursement of amounts spent on the salaries and allowances from the fund of the 2waqf concerned. 6 the board may, for sufficient reasons, and after giving to the executive officer or a member of his staff, a reasonable opportunity of being heard, suspend, remove or dismiss the executive officer or a member of his staff from his post. 7 any executive officer or a member of his staff who is aggrieved by any order or removal or dismissal made under subsection 6 may, within thirty days from the date of communication of the order, prefer an appeal against the order to the tribunal and the tribunal may, after considering such representation as the board may make in the matter, and after giving a reasonable opportunity to the executive officer or a member of his staff of being heard, confirm, modify or reverse the order. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 40. of the waqf act : 40. decision if a property is 1waqf property. 1 the board may itself collect information regarding any property which it has reason to believe to be 1waqf property and if any question arises whether a particular property is 1waqf property or not or whether a 1waqf is a sunni 1waqf or a shia 1waqf, it may, after making such inquiry as it may deem fit, decide the question. 2 the decision of the board on a question under subsection 1 shall, unless revoked or modified by the tribunal, be final. 3 where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 2 of or under the societies registration act, 21 of or under any other act, is 1waqf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry the board is satisfied that such property is 1waqf property, call upon the trust or society, as the case may be, either to register such property under this act as 1waqf property or show cause why such property should not be so registered: provided that in all such cases, notice of the action proposed to be taken under this subsection shall be given to the authority by whom the trust or society had been registered. 4 the board shall, after duly considering such cause as may be shown in pursuance of notice issued under subsection 3, pass such orders as it may think fit and the order so made by the board, shall be final, unless it is revoked or modified by a tribunal. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 39. of the waqf act : 39. powers of board in relation to 2 auqaf which have ceased to exist.1 the board shall, if it is satisfied that the objects or any part thereof, of a 1waqf have ceased to exist, whether such cesser took place before or after the commencement of this act, cause an inquiry to be held by the chief executive officer, in the prescribed manner, to ascertain the properties and funds pertaining to such 1waqf. 2 on the receipt of the report of inquiry of the chief executive officer, the board shall pass an order, a specifying the property and funds of such 1waqf b directing that any property or funds pertaining to such 1waqf which have been recovered shall be applied or utilised for the renovation of any 1waqf property and where there is no need for making any such renovation or where utilisation of the funds for such renovation is not possible, be appropriated, to any of the purposes specific in subclause iii of clause e of subsection 2 of section 32. 3 the board may, if it has reason to believe that any building or other place which was being used for religious purpose or instruction or for charity has, whether before or after the commencement of this act, ceased to be used for that purpose, make an application to the tribunal for an order directing the recovery of possession of such building or other place. 4 the tribunal may, if it is satisfied, after making such inquiry as it may think fit, that such building or other place a is 1waqf property b has not been acquired under any law for the time being in force relating to acquisition of land or is not under any process of acquisition under any such law, or has not vested in the state government under any law for the time being in force relating to land reforms and c is not in the occupation of any person who has been authorised by or under any law for the time being in force to occupy such building or other place, make an order i directing the recovery of such building or place from any person who may be in unauthorised possession thereof, and ii directing that such property, building or place be used for religious purpose or instruction as before, or if such use is not possible, be utilised for any purpose specified in subclause iii of clause e of subsection 2 of section 32. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. .

section 43. of the waqf act : 43. 2auqaf registered before the commencement of this act deemed to be registered.notwithstanding anything contained in this chapter, where any 1waqf has been registered before the commencement of this act, under any law for the time being in force, it shall not be necessary to register the 1waqf under the provisions of this act and any such registration made before such commencement shall be deemed to be a registration made under this act. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. .

section 50. of the waqf act : it shall be the duty of every mutawalli a to carry out the directions of the board in accordance with the provisions of this act or of any rule or order made thereunder b to furnish such returns and supply such information or particulars as may from time to time be required by the board in accordance with the provisions of this act or of any rule or order made thereunder c to allow inspection of 1 waqf properties, accounts or records or deeds and documents relating thereto d to discharge all public dues and e to do any other act which he is lawfully required to do by or under this act. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 44. of the waqf act : 244. budget.1 every mutawalli of a1waqf shall, in every year prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure during that financial year. 2 every such budget shall be submitted by the mutawalli at least 3thirty days before the beginning of the financial year to the board and shall make adequate provision for the following: i for carrying out the objects of the 1waqf ii for the maintenance and preservation of the 1waqf property iii for the discharge of all liabilities and subsisting commitments binding on the 1waqf under this act or any other law for the time being in force. 43 in case the board considers any item in the budget being contrary to the objects of the waqf and the provisions of this act, it may give such direction for addition or deletion of such item as it may deem fit. 4 if in the course of the financial year the mutawalli finds it necessary to modify the provisions made in the budget in regard to the receipt or to the distribution of the amounts to be expended under the different heads, he may submit to the board a supplementary or a revised budget and the provisions of subsection 3 shall, as far as may be, apply to such supplementary or revised budget. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 26, ibid., for ninety days w.e.f. . 4. subs. by s. 26, ibid., for subsection 3 w.e.f. .

section 45. of the waqf act : 45. preparation of budget of 1auqaf under direct management of the board.1 the chief executive officer shall prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure for each of the 1auqaf under the direct management of the board, showing therein the estimated receipts and expenditure and submit it to the board for its approval. 2 while submitting the budget under subsection 1, the chief executive officer shall also prepare statement giving details of the increase, if any, in the income of each 2waqf under the direct management of the board and the steps which have been taken for its better management and the results accruing therefrom during the year. 3 the chief executive officer shall keep regular accounts and be responsible for the proper management of every 2waqf under the direct management of the board. 4 every budget submitted by the chief executive officer under subsection 1 shall comply with the requirements of section 46 and, for this purpose, references therein to the mutawalli of the 3waqf shall be construed as references to the chief executive officer. 5 the audit of accounts of every 2waqf under the direct management of the board shall be undertaken by the state examiner of local funds or any other officer appointed by the state government for this purpose, irrespective of the income of the 2waqf. 6 the provisions of subsections 2 and 3 of section 47 and the provisions of sections 48 and 49 shall, in so far as they are not inconsistent with the provisions of this section, apply to the audit of accounts referred to in this section. 7 where any 2waqf is under the direct management of the board, such administrative charges as may be specified by the chief executive officer shall be payable by the 2waqf to the board: provided that the chief executive officer shall not collect more than ten per cent. of the gross annual income of the2waqf under the direct management of the board as administrative charges. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 27, ibid., for 1st day of may w.e.f. .

section 46. of the waqf act : 46. submission of accounts of 1auqaf.1 every mutawalli shall keep regular accounts. 2 before the 31st day of july next, following the date on which the application referred to in section 36 has been made and thereafter before the 31st day of july in every year, every mutawalli of a2waqf shall prepare and furnish to the board a full and true statement of accounts, in such form and containing such particulars as may be provided by regulations by the board, of all moneys received or expended by the mutawalli on behalf of the 2waqf during the period of twelve months ending on the 31st day of march, or, as the case may be, during that portion of the said period during which the provisions of this act, have been applicable to the2waqf: provided that the date on which the annual accounts are to be closed may be varied at the discretion of the board. 1 subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 27, ibid., for 1st day of may w.e.f. .

section 47. of the waqf act : 47. audit of accounts of 1auqaf.1 the accounts of 1auqaf submitted to the board under section 46 shall be audited and examined in the following manner, namely: a in the case of a 2waqf having no income or a net annual income not exceeding 3fifty thousand rupees, the submission of a statement of accounts shall be a sufficient compliance with the provisions of section 46 and the accounts of two per cent. of such 1auqaf shall be audited annually by an auditor appointed by the board b the accounts of the 2waqf having net annual income exceeding 3fifty thousand rupees shall be audited annually, or at such other intervals as may be prescribed, by an auditor appointed by the board from out of the panel of auditors prepared by the state government and while drawing up such panel of auditors, the state government shall specify the scale of remuneration of auditors c the state government may, 4under intimation to the board, at any time cause the account of any5waqf audited by the state examiner of local funds or by any other officer designated for that purpose by that state government. 2 the auditor shall submit his report to the board and the report of the auditor shall among other things, specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report and the report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person. 3 the cost of the audit of the accounts of a 5waqf shall be met from the funds of that 5waqf: provided that the remuneration of the auditors appointed from out of the panel drawn by the state government in relation to 6auqaf having a net annual income of 7more than fifty thousand rupees shall be paid in accordance with the scale of remuneration specified by the state government under clause c of subsection 1: provided further that where the audit of the accounts of any5waqf is made by the state examiner of local funds or any other officer designated by the state government in this behalf, the cost of such audit shall not exceed one and a half per cent. of the net annual income of such5waqf and such costs shall be met from the funds of the 6auqaf concerned. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 28, ibid., for ten thousand rupees w.e.f. . 4. ins. by act 27 of , s. 28 w.e.f. . 5. subs. by s. 4, ibid., for wakf w.e.f. . 6. subs. by s. 4, ibid., for wakfs w.e.f. . 7. subs. by s. 28, ibid., for more than ten thousand rupees but less than fifteen thousand rupees w.e.f. .

section 48. of the waqf act : 1 the board shall examine the auditors report, and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders as it thinks fit including orders for the recovery of the amount certified by the auditor under subsection 2 of section 47. 2 the mutawalli or any other person aggrieved by any order made by the board may, within thirty days of the receipt by him of the order, apply to the tribunal to modify or set aside the order and the tribunal may, after taking such evidence as it may think necessary, confirm or modify the order or remit the amount so certified, either in whole or in part, and may also make such order as to costs as it may think appropriate in the circumstances of the case. 3 no application made under subsection 2 shall be entertained by the tribunal unless the amount certified by the auditor under subsection 2 of section 47 has first been deposited in the tribunal and the tribunal shall not have any power to stay the operation of the order made by the board under subsection 1. 4 the order made by the tribunal under subsection 2 shall be final. 5 every amount for the recovery of which any order has been made under subsection 1 or subsection 2 shall, where such amount remains unpaid, be recoverable in the manner specified in section 34 or section 35 as if the said order were an order for the recovery of any amount determined under subsection 3 of section 35.

section 52a. of the waqf act : 1 52a. penalty for alienation of waqf property without sanction of board.1 whoever alienates or purchases or takes possession of, in any manner whatsoever, either permanently or temporarily, any movable or immovable property being a waqf property, without prior sanction of the board, shall be punishable with rigorous imprisonment for a term which may extend to two years: provided that the waqf property so alienated shall without prejudice to the provisions of any law for the time being in force, be vested in the board without any compensation therefor. 2 notwithstanding anything contained in the code of criminal procedure, 2 of any offence punishable under this section shall be cognizable and nonbailable. 3 no court shall take cognizance of any offence under this section except on a complaint made by the board or any officer duly authorised by the state government in this behalf. 4 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this section. 1. ins. by act 27 of , s. 31 w.e.f. .

section 49. of the waqf act : 1 every sum certified to be due from any person by an auditor in his report under section 47 unless such certificate is modified or cancelled by an order of the board or of the tribunal made under section 48, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand notice for the same issued by the board. 2 if such payment is not made in accordance with the provisions of subsection 1, the sum payable may, on a certificate issued by the board after giving the person concerned an opportunity of being heard, be recovered in the same as an arrear of land revenue.

section 54. of the waqf act : 54. removal of encroachment from 1 waqf property.1 whenever the chief executive officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is 1 waqf property and, which has been registered as such under this act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli. 2 the notice referred to in subsection 1 shall be served in such manner as may be prescribed. 3 if, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the chief executive officer is satisfied that the property in question is 1 waqf property and that there has been an encroachment on any such 1 waqf property, 2 he may, make an application to the tribunal for grant of order of eviction for removing such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the 1 waqf. 3 4 the tribunal, upon receipt of such application from the chief executive officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property: provided that the tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the chief executive officer. 5 if any person refuses or fails to comply with the order of eviction within fortyfive days from the date of affixture of the order under subsection 2, the chief executive officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 32, ibid., for he may, by an order, require the encroacher to remove w.e.f. . 3. subs. by s. 32, ibid., for subsection 4 w.e.f. .

section 55a. of the waqf act : 1 55a. disposal of property left on waqf property by unauthorised occupants.1 where any person has been evicted from any waqf property under subsection 4 of section 54, the chief executive officer may, after giving fourteen days notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. 2 where any property is sold under subsection 1, the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the state government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the chief executive officer to be entitled to the same: provided that where the chief executive officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the tribunal and the decision of the tribunal thereon shall be final. 1. ins. by s. 34, ibid. w.e.f. .

section 56. of the waqf act : show related subordinates 56. restriction on power to grant lease of 1 waqf property.1 2 a lease for any period exceeding thirty years of any immovable property which is 1 waqf property, shall, notwithstanding anything contained in the deed or instrument of 1 waqf or in any other law for the time being in force, be void and of no effect: 3 provided that a lease for any period up to thirty years may be made for commercial activities, education or health purposes, with the approval of the state government, for such period and purposes as may be specified in the rules made by the central government: provided further that lease of any immovable waqf property, which is an agricultural land, for a period exceeding three years shall, notwithstanding anything contained in the deed or instrument of waqf or in any other law for the time being in force, be void and of no effect: provided also that before making lease of any waqf property, the board shall publish the details of lease and invite bids in at least one leading national and regional news papers. 2 4 a lease for a period of one year but not exceeding thirty years of immovable property which is 1 waqf property shall, notwithstanding anything contained in the deed or instrument of 1 waqf or in any other law for the time being in force, be void and of no effect unless it is made with the previous sanction of the board. 3 the board shall, in granting sanction for lease 5 or renewal thereof under this section review the terms and conditions on which the lease 5 is proposed to be granted or renewed and make its approval subject to the revision of such terms and conditions in such manner as it may direct: 3 provided that the board shall immediately intimate the state government regarding a lease for any period exceeding three years of any waqf property and thereafter it may become effective after the expiry of fortyfive days from the date on which the board intimates the state government. 3 4 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by, s. 35, ibid., for a lease or sublease for any period exceeding three years w.e.f. . 3. ins. by s. 35, ibid. w.e.f. . 4. subs. by s. 35, ibid., for a lease or sublease for any period exceeding one year and not exceeding three years w.e.f. . 5. the words or sublease omitted by s. 35, ibid. w.e.f. .

section 51. of the waqf act : 51. alienation of 1 waqf property without sanction of board to be void.2 1 notwithstanding anything contained in the waqf deed, any lease of any immovable property which is waqf property, shall be void unless such lease is effected with the prior sanction of the board: provided that no mosque, dargah, khanqah, graveyard, or imambara shall be leased except any unused graveyards in the states of punjab, haryana and himachal pradesh where such graveyard has been leased out before the date of commencement of the wakf amendment act, 27 of . 1a any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: provided that in case the board is satisfied that any waqf property may be developed for the purposes of the act, it may, after recording reasons in writing, take up the development of such property through such agency and in such manner as the board may determine and move a resolution containing recommendation of development of such waqf property, which shall be passed by a majority of twothirds of the total membership of the board: provided further that nothing contained in this subsection shall affect any acquisition of waqf properties for a public purpose under the land acquisition act, 1 of or any other law relating to acquisition of land if such acquisition is made in consultation with the board: provided also that a the acquisition shall not be in contravention of the places of public worship special provisions act, 42 of b the purpose for which the land is being acquired shall be undisputedly for a public purpose c no alternative land is available which shall be considered as more or less suitable for that purpose and d to safeguard adequately the interest and objective of the waqf, the compensation shall be at the prevailing market value or a suitable land with reasonable solatium in lieu of the acquired property. 3 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 29, ibid., for subsection 1 w.e.f. . 3. subsections 2, 3, 4 and 5 omitted by s. 29, ibid. w.e.f. .

section 52. of the waqf act : 52. recovery of 1 waqf property transferred in contravention of section 51.1 if the board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a 1 waqf entered as such in the register of 1 waqf maintained under section 36, has been transferred without the previous sanction of the board in contravention of the provisions of section 51 2 or section 56, it may send a requisition to the collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. 2 on receipt of a requisition under subsection 1, the collector shall pass an order directing the person in possession of the property to deliver the property to the board within a period of thirty days from the date of the service of the order. 3 every order passed under subsection 2 shall be served a by giving or tendering the order, or by sending it by post to the person for whom it is intended or b if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. 4 any person aggrieved by the order of the collector under subsection 2 may, within a period of thirty days from the date of the service of the order, prefer an appeal to the tribunal within whose jurisdiction the property is situate and the decision of the tribunal on such appeal shall be final. 5 where an order passed under subsection 2 has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the board. 6 in exercising his functions under this section the collector shall be guided by such rules as may be provided by regulations. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. ins. by s. 30, ibid. w.e.f. .

section 57. of the waqf act : 57. mutawalli entitled to pay certain costs from income of 1 waqf property.notwithstanding anything contained in the 1 waqf deed, every mutawalli may pay from the income of the 1 waqf property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 36 or any accounts under section 46 or any information or documents required by the board or for the purpose of enabling him to carry out the directions of the board. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 60. of the waqf act : the board may, if its is satisfied that it is necessary so to do, extend the time within which any act is required to be done by the mutawalli under this act.

section 55. of the waqf act : 1 55a. disposal of property left on waqf property by unauthorised occupants.1 where any person has been evicted from any waqf property under subsection 4 of section 54, the chief executive officer may, after giving fourteen days notice to the person from whom possession of the waqf property has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice by placing it on conspicuous part of the waqf property, remove or cause to be removed or dispose of by public auction any property remaining on such premises. 2 where any property is sold under subsection 1, the sale proceeds shall, after deducting the expenses relating to removal, sale and such other expenses, the amount, if any, due to the state government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person, as may appear to the chief executive officer to be entitled to the same: provided that where the chief executive officer is unable to decide as to the person to whom the balance of the amount is payable or as to the appointment of the same, he may refer such dispute to the tribunal and the decision of the tribunal thereon shall be final. 1. subs. by s. 33, ibid., for subsection 3 w.e.f. . 2. subs. by s. 33, ibid., for apply to the subdivisional magistrate w.e.f. .

section 53. of the waqf act : 53. restriction on purchase of property on behalf of 1 waqf.notwithstanding anything contained in a 1 waqf deed, no immovable property shall be purchased for or on behalf of any 1 waqf from the funds of any 1 waqf except with prior sanction of the board, and the board shall not accord such sanction unless it considers that the acquisition of such property is necessary or beneficial to the 1 waqf and that the price proposed to be paid therefor is adequate and reasonable: provided that before such sanction is accorded, the particulars relating to the proposed transaction shall be published in the official gazette inviting objections and suggestions with respect thereto and, the board shall, after considering the objections and suggestions that may be received by it from mutawallis or other persons interested in the 1 waqf, make such orders as it may think fit. 1. subs. by s. 4, ibid., for wakf w.e.f. .

section 58. of the waqf act : 1 where a mutawalli refuses to pay or fails to pay any revenue, cess, rates or taxes due to the government or any local authority, the board may discharge dues from the 1 waqf fund and may recover the amount so paid from the 1 waqf property and may also recover damages not exceeding twelve and a half per cent. of the amount so paid. 2 any sum of money due under subsection 1 may, on a certificate issued by the board after giving the mutawalli concerned an opportunity of being heard, be recovered in the same manner as an arrear of land revenue. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 59. of the waqf act : for the purpose of making provisions for the payment of rent and of revenue, cess, rates and taxes due to the government or any local authority, for the discharge of the expenses of the repair of the 1 waqf property and for the preservation of the 1 waqf property, the board may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a 1 waqf. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 67. of the waqf act : 1 whenever the supervision or management of a 1 waqf is vested in any committee appointed by the 1 waqf, then, notwithstanding anything contained in this act, such committee shall continue to function until it is superseded by the board or until the expiry of its term as may be specified by the 1 waqf, whichever is earlier: provided that such committee shall function under the direction, control and supervision of the board and abide by such directions as the board may issue from time to time: provided further that if the board is satisfied that any scheme for the management of a 1 waqf by a committee is inconsistent with any provision of this act or of any rule made thereunder or with the directions of the 1 waqf, it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the 1 waqf or of the provisions of this act and the rules made thereunder. 2 notwithstanding anything contained in this act, and in the deed of the 1 waqf, the board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in subsection 1 is not functioning properly and satisfactorily, or that the 1 waqf is being mismanaged and that in the interest of its proper management, it is necessary so to do, by an order, supersede such committee, and, on such supersession, any direction of the 1 waqf, in so far as it relates to the constitution of the committee, shall cease to have any force: provided that the board shall, before making any order superseding any committee, issue a notice setting forth therein the reasons for the proposed action and calling upon the committee to show cause within such time, not being less than one month, as may be specified in the notice, as to why such action shall not be taken. 3 every order made by the board under subsection 2 shall be published in the prescribed manner and on such publication shall be binding on the mutawalli and all persons having any interest in the 1 waqf. 4 any order made by the board under subsection 2 shall be final: provided that any person aggrieved by the order made under subsection 2 may, within sixty days from the date of the order, appeal to the tribunal: provided further that the tribunal shall have no power to suspend the operation of the order made by the board pending such appeal. 5 the board shall, whenever it supersedes any committee under subsection 2, constitute a new committee of management simultaneously with the order made by it under subsection 2. 6 notwithstanding anything contained in the foregoing subsections, the board may, instead of superseding any committee under subsection 2, remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the 1 waqf, and every such order for the removal of any member shall be served upon him by registered post: provided that no order for the removal of the member shall be made unless he has been given a reasonable opportunity of showing cause against the proposed action: provided further that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the tribunal and tribunal may, after giving a reasonable opportunity to the appellant and the board of being heard, confirm, modify or reverse the order made by the board and the order made by the tribunal in such appeal shall be final. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 61. of the waqf act : 1 if a mutawalli fails to a apply for the registration of a 2 auqaf b furnish statements of particulars or accounts or returns as required under this act c supply information or particulars as required by the board d allow inspection of 1 waqf properties, accounts, records or deeds and documents relating thereto e deliver possession of any 1 waqf property, if ordered by the board or tribunal f carry out the directions of the board g discharge any public dues or h do any other act which he is lawfully required to do by or under this act he shall, unless he satisfies the court or the tribunal that there was reasonable cause for his failure, be punishable with fine which may extend to 3 ten thousand rupees for noncompliance of clauses a to d and in case of noncompliance of clauses e to h, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to ten thousand rupees. 2 notwithstanding anything contained in subsection 1, if a a mutawalli omits or fails, with a view to concealing the existing of a 1 waqf, to apply for its registration under this act, i in the case of a 1 waqf created before the commencement of this act, within the period specified therefor in subsection 8 of section 36 ii in the case of any 1 waqf created after such commencement, within three months from the date of the creation of the 1 waqf or b a mutawalli furnishes any statement, return, or information to the board, which he knows or has reason to believe to be false, misleading, untrue or incorrect in any material particular, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to fifteen thousand rupees. 3 no court, shall take cognizance of an offence punishable under this act save upon complaint made by the board or an officer duly authorised by the board in this behalf. 4 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 5 notwithstanding anything contained in the code of criminal procedure, 2 of , the fine imposed under subsection 1, when realised, shall be credited to the 1 waqf fund. 6 in every case where offender is convicted after the commencement of this act, of an offence punishable under subsection 1 and sentenced to a fine, the court shall also impose such term of imprisonment in default of payment of fine as is authorised by law for such default. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 36, ibid., for eight thousand rupees w.e.f. .

section 62. of the waqf act : 62. mutawalli not to spend any money belonging to 1 waqf for self defence.no mutawalli shall spend any money out of the funds of the 1 waqf, of which he is the mutawalli, for meeting any costs, charges, or expenses which are or may be, incurred by him, in relation to any suit, appeal or any other proceeding for, or incidental to, his removal from office or for taking any disciplinary action against himself. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 63. of the waqf act : when there is a vacancy in the office of the mutawalli of a 1 waqf and there is no one to be appointed under the terms of the deed of the 1 waqf, or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. 1. subs. by act 27 of , s. 4, for wakf w.e.f. ..

section 68. of the waqf act : 1 where any mutawalli or committee of management has been removed by the board in accordance with provisions of this act, or of any scheme made by the board, the mutawalli or the committee so removed from the office hereinafter in this section referred to as the removed mutawalli or committee shall hand over charge and deliver possession of the records, accounts and all properties of the 1 waqf including cash to the successor mutawalli or the successor committee, within one month from the date specified in the order. 2 where any removed mutawalli or committee fails to deliver charge or deliver possession of the records, accounts and properties including cash to the successor mutawalli or committee within the time specified in subsection 1, or prevents or obstructs such mutawalli or committee, from obtaining possession thereof after expiry of the period aforesaid, the successor mutawalli or any member of the successor committee may make an application, accompanied by a certified copy of the order appointing such successor mutawalli or committee, to any 1 district magistrate, additional district magistrate, subdivisional magistrate or their equivalent within the local limits of whose jurisdiction any part of the 2 waqf property is situated and, thereupon such 1 district magistrate, additional district magistrate, subdivisional magistrate or their equivalent may, after giving notice to the removed mutawalli or members of the removed committee, make an order directing the delivery of charge and possession of such records, accounts and properties including cash of the 2 waqf to the successor mutawalli or the committee, as the case may be, within such time as may be specified in the order. 3 where the removed mutawalli or any member of the removed committee, omits or fails to deliver charge and possession of the records, accounts and properties including cash within the time specified by 3 any magistrate under subsection 2 the removed mutawalli or every member of the removed committee, as the case may be, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. 4 whenever any removed mutawalli or any member of the removed committee omits or fails to comply with the orders made by 3 any magistrate under subsection 2,3 any magistrate may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties including cash and may authorise such person to take such police assistance as may be necessary for the purpose. 5 no order of the appointment of the successor mutawalli or committee, shall be called in question in the proceedings before 3 any magistrate under this section. 6 nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by 3 any magistrate under subsection 2. 1. subs. by act 27 of , s. 38, for magistrate of the first class and magistrate w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 38, ibid., for the magistrate w.e.f. .

section 64. of the waqf act : 1 notwithstanding anything contained in any other law or the deed of 1 waqf, the board may remove a mutawalli from his office if such mutawalli a has been convicted more than once of an offence punishable under section 61 or b has been convicted of any offence of criminal breach of trust or any other offence involving moral turpitude, and such conviction has not been reversed and he has not been granted full pardon with respect to such offence or c is of unsound mind or is suffering from other mental or physical defect or infirmity which would render him unfit to perform the functions and discharge the duties of a mutawalli or d is an undischarged insolvent or e is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs or f is employed as paid legal practitioner on behalf of, or against, the 1 waqf or g has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, in two consecutive years, the yearly statement of accounts, as required by subsection 2 of section 46 or h is interested, directly or indirectly, in a subsisting lease in respect of any 1 waqf property, or in any contract made with, or any work being done for, the 1 waqf or is in arrears in respect of any sum due by him to such 1 waqf or i continuously neglects his duties or commits any misfeasance , malfeasance, misapplication of funds or breach of trust in relation to the 1 waqf or in respect of any money or other 1 waqf property or j wilfully and persistently disobeys the lawful orders made by the central government, state government, board under any provision of this act or rule or order made thereunder k misappropriates or fraudulently deals with the property of the 1 waqf. 2 the removal of a person from the office of the mutawalli shall not affect his personal rights, if any, in respect of the 1 waqf property either as a beneficiary or in any other capacity or his right, if any, as a sajjadanashin. 3 no action shall be taken by the board under subsection 1, unless it has held an inquiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than twothirds of the members of the board. 4 a mutawalli who is aggrieved by an order passed under any of the clauses c to i of subsection 1, may, within one month from the date of the receipt by him of the order, appeal against the order to the tribunal and the decision of the tribunal on such appeal shall be final. 5 where any inquiry under subsection 3 is proposed, or commenced, against any mutawalli, the board may, if it is of opinion that it is necessary so to do in the interest of the 1 waqf, by an order suspend such mutawalli until the conclusion of the inquiry: provided that no suspension for a period exceeding ten days shall be made except after giving the mutawalli a reasonable opportunity of being heard against the proposed action. 6 where any appeal is filed by the mutawalli to the tribunal under subsection 4, the board may make an application to the tribunal for the appointment of a receiver to manage the 2 waqf pending the decision of the appeal, and where such an application is made, the tribunal shall, notwithstanding anything contained in the code of civil procedure, 5 of , appoint a suitable person as receiver to manage the 2 waqf and direct the receiver so appointed to ensure that the customary or religious rights of the mutawalli and of the 2 waqf are safeguarded. 7 where a mutawalli has been removed from his office under subsection 1, the board may, by order, direct the mutawalli to deliver possession of the 2 waqf property to the board or any officer duly authorised in this behalf or to any person or committee appointed to act as the mutawalli of the 2 waqf property. 8 a mutawalli of a 2 waqf removed from his office under this section shall not be eligible for reappointment as a mutawalli of that 2 waqf for a period of five years from the date of such removal. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 65. of the waqf act : 65. assumption of direct management of certain 2 auqaf by the board.1 where no suitable person is available for appointment as a mutawalli of a 1 waqf, or where the board is satisfied, for reasons to be recorded by it in writing, that the filling up of the vacancy in the office of a mutawalli is prejudicial to the interests of the 1 waqf, the board may, by notification in the official gazette, assume direct management of the 1 waqf for such period or periods, not exceeding five years in the aggregate, as may be specified in the notification. 2 the state government may, on its own motion or on the application of any person interested in the 1 waqf, call for the records of any case for the purpose of satisfying itself as to the correctness, legality or propriety of the notification issued by the board under subsection 1 and pass such orders as it may think fit and the orders so made by the state government shall be final and shall be published in the manner specified in subsection 1. 3 as soon as possible after the close of every financial year, the board shall send to the state government a detailed report in regard to every 1 waqf under its direct management, giving therein a the details of the income of the 1 waqf for the year immediately preceding the year under report b the steps taken to improve the management and income of the 1 waqf c the period during which the 1 waqf has been under the direct management of the board and explaining the reasons as to why it has not been possible to entrust the management of the 1 waqf to the mutawalli or any committee of management during the year and d such other matters as may be prescribed. 4 the state government shall examine the report submitted to it under subsection 3, and after such examination, issue such directions or instructions to the board as it may think fit and the board shall comply with such directions or instructions on receipt thereof. 3 5 notwithstanding anything contained in subsection 1, the board shall take over the administration of a waqf, if the waqf board has evidence before it to prove that management of the waqf has contravened the provisions of this act. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2 subs. by s. 4, ibid., for wakfs w.e.f. . 3 ins. by s. 37, ibid. w.e.f. .

section 66. of the waqf act : whenever a deed of 1 waqf or any decree or order of a court of any scheme of management of any 1 waqf provides that a court or any authority other than a board may appoint or remove a mutawalli or settle or modify such scheme of management or otherwise exercise superintendence over the 1 waqf, then, notwithstanding anything contained in such deed of 1 waqf, decree, order or scheme, such powers aforesaid shall be exercisable by the state government: provided that where a board has been established, the state government shall consult the board before exercising such powers. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 76. of the waqf act : 1 no mutawalli, executive officer or other person in charge of the administration of a 1 waqf shall lend any money belonging to the 1 waqf or any 1 waqf property or borrow any money for the purposes of the1 waqf except with the previous sanction of the board: provided that no such sanction is necessary if there is an express provision in the deed of 1 waqf for such borrowing or lending, as the case may be. 2 the board may, while according sanction, specify any terms and conditions subject to which the person referred to in subsection 1 is authorised by him to lend or borrow any money or lend any other 1 waqf property. 3 where any money is lent or borrowed, or other 1 waqf property is lent in contravention of the provisions of this section, it shall be lawful for the chief executive officer, a to recover an amount equal to the amount which has been so lent or borrowed, together with interest due thereon, from the personal funds of the person by whom such amount was lent or borrowed b to recover the possession of the 1 waqf property lent in contravention of the provisions of this act, from the person to whom it was lent, or from persons who claim title to such property through the person to whom such property was lent. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 69. of the waqf act : 69. power of board to frame scheme for administration of 1 waqf.2 1 where the board is satisfied after an enquiry, whether on its own motion or on the application of not less than five persons interested in any waqf, to frame a scheme for the proper administration of the waqf, it may, by an order, frame such scheme for the administration of the waqf, after giving reasonable opportunity and after consultation with the mutawalli or others in the prescribed manner. 2 a scheme framed under subsection 1 may provide for the removal of the mutawalli of the 1 waqf holding office as such immediately before the date on which the scheme comes into force: provided that where any such scheme provides for the removal of any hereditary mutawalli, the scheme shall also provide for the appointment of the person next in hereditary succession to the mutawalli so removed, as one of the members of the committee appointed for the proper administration of the 1 waqf. 3 every order made under subsection 2 shall be published in the prescribed manner, and, on such publication shall be final and binding on the mutawalli, and all persons interested in the 1 waqf: provided that any person aggrieved by an order made under this section may, within sixty days from the date of the order, prefer an appeal to the tribunal and after hearing such appeal, the tribunal may confirm, reverse or modify the order: provided further that the tribunal shall have no power to stay the operation of the order made under this section. 4 the board may, at any time by an order, whether made before or after the scheme has come into force, cancel or modify the scheme. 5 pending the framing of the scheme for the proper administration of the 3 waqf, the board may appoint a suitable person to perform all or any of the functions of the mutawalli thereof and to exercise the powers, and perform the duties, of such mutawalli. 1. subs. by s. 4, ibid., for wakf w.e.f. . 2 subs. by s. 39, ibid., for subsection 1 w.e.f. . 3 subs. by act 27 of , s. 4, for wakf w.e.f. .

section 71. of the waqf act : 1 the board may, either on an application received under section 2 70 or on its own motion, a hold an inquiry in such manner as may be prescribed or b authorise any person in this behalf to hold an inquiry into any matter relating to a 1 waqf and take such action as it thinks fit. 2 for the purposes of an inquiry under this section, the board or any person authorised by it in this behalf, shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of for enforcing the attendance of witnesses and production of documents. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 40, ibid., for 73 w.e.f. .

section 70. of the waqf act : 70. inquiry relating to administration of 1 waqf.any person interested in a1 waqf may make an application to the board supported by an affidavit to institute an inquiry relating to the administration of the 1 waqf and if the board is satisfied that there are reasonable grounds for believing that the affairs of the 1 waqf are being mismanaged, it shall take such action thereon as it thinks fit. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 75. of the waqf act : 1 for the purpose of giving effect to the provisions of this act, the board may, with the previous sanction of the state government, borrow such sum of money and on such terms and conditions as the state government may determine. 2 the board shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan.

section 72. of the waqf act : 1 the mutawalli of every 1 waqf, the net annual income of which is not less than five thousand rupees, shall pay annually, out of the net annual income derived by the 1 waqf, such contributions, not exceeding seven per cent. of such annual income, as may be prescribed, to the board for the services rendered by such board to the 1 waqf. explanation i .for the purposes of this act, net annual income shall mean the gross income of the 1 waqf from all sources, including nazars and offerings which do not amount to contributions to the corpus of the 2 auqaf, in a year after deducting therefrom the following, namely: i the land revenue paid by it to the government ii the rates, cesses, taxes and licence fees, paid by it to the government or any local authority iii expenditure incurred for all or any of the 3 in respect of lands directly under cultivation by the mutawalli for the benefit of the waqf, namely: a maintenance of, or repairs to, irrigation works, which shall not include the capital cost of irrigation b seeds or seedlings c manure d purchase and maintenance of agricultural implements e purchase and maintenance of cattle for cultivation f wages for ploughing, watering, sowing, transplanting, harvesting, threshing and other agricultural operations: provided that the total deduction in respect of an expenditure incurred under this clause shall not exceed 4 twenty per cent. of the income derived from lands belonging to the 1 waqf: 5 provided further that no such deduction shall be permitted in respect of waqf land given on lease, by whatever name called, whether batai or share cropping or any other name. iv expenditure on sundry repairs to rented buildings, not exceeding five per cent. of the annual rent derived therefrom, or the actual expenditure, whichever is less v sale proceeds of immovable properties or rights relating to, or arising out of immovable properties, if such proceeds are reinvested to earn income for the 6 waqf: provided that the following items of receipts shall not be deemed to be income for the purposes of this section, namely: a advances and deposits recovered and loans taken or recovered b deposits made as security by employees, lessees or contractors and other deposits, if any c withdrawals from banks or of investments d amounts recovered towards costs awarded by courts e sale proceeds of religious books and publications where such sales are undertaken as an unremunerative enterprise with a view to propagating religion f donations in cash or kind or offerings made by the donors as contribution to the corpus of the 6 waqf: provided that interest on income, if any, accruing from such donations or offerings shall be taken into account in calculating the gross annual income g voluntary contributions received in cash or kind for a specific service to be performed by the 6 waqf and expended on such service h audit recoveries explanation ii.in determining the net annual income for the purposes of this section, only the net profit derived by any 6 waqf from its remunerative undertakings, if any, shall be taken as income, and in respect of its nonremunerative undertakings, such as, schools, colleges, hospitals, poor homes, orphanages or any other similar institutions, the grants given by the government or any local authority or donations received from the public or fees collected from the pupils of educational institutions shall not be taken as income. 2 the board may in the case of any mosque or orphanage or any particular 6 waqf reduce or remit such contribution for such time as it thinks fit. 3 the mutawalli of a 6 waqf may realise the contributions payable by him under subsection 1 from the various persons entitled to received any pecuniary or other material benefit from the 6 waqf, but the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total contribution payable, the same proportion, as the value of the benefits receivable by such person bears to the entire net annual income of the 6 waqf: provided that if there is any income of the 6 waqf available in excess of the amount payable as dues under this act, other than as the contribution under subsection 1, and in excess of the amount payable under the 6 waqf deed, the contribution shall be paid out of such income. 4 the contribution payable under subsection 1 in respect of a 6 waqf shall, subject to the prior payment of any dues to the government or any local authority or of any other statutory first charge on the 6 waqf property or the income thereof, be a first charge on the income of the 6 waqf and shall be recoverable, on a certificate issued by the board after giving the mutawalli concerned an opportunity of being heard, as an arrear of land revenue. 5 if a mutawalli realises the income of the 7 waqf and refuses to pay or does not pay such contribution, he shall also be personally liable for such contribution which may be realised from his person or property in the manner aforesaid. 6 where, after the commencement of this act, the mutawalli of a 7 waqf fails to submit a return of the net annual income of the 7 waqf within the time specified therefor or submits a return which, in the opinion of the chief executive officer is incorrect or false in any material particular, or which does not comply with the provisions of this act or any rule or order made thereunder, the chief executive officer may assess the net annual income of the 7 waqf to the best of his judgment or revise the net annual income as shown in the return submitted by the mutawalli and the net annual income as so assessed or revised shall be deemed to be the net annual income of the 7 waqf for the purposes of this section: provided that no assessment of net annual income or revision of return submitted by mutawalli shall be made except after giving a notice to the mutawalli calling upon him to show cause, within the time specified in the notice, as to why such assessment or revision of the return shall not be made and every such assessment or revision shall be made after considering the reply if any, given by the mutawalli. 7 any mutawalli who is aggrieved by the assessment or revision made by the chief executive officer, under subsection 6, may prefer an appeal to the board within thirty days from the date of the receipt of the assessment or revision of return and the board may, after giving the appellant a reasonable opportunity of being heard, confirm, reverse or modify the assessment or revision or the return and the decision of the board thereon shall be final. 8 if, for any reason, the contribution or any portion thereof leviable under this section has escaped assessment in any year, whether before or after the commencement of this act, the chief executive officer may, within five years from the last date of the year to which such escaped assessment relates serve upon the mutawalli a notice assessing him with the contribution or portion thereof which had escaped assessment, and demanding payment thereof within thirty days from the date of service of such notice, and the provisions of this act and the rules made thereunder, shall, as far as may be, apply as if the assessments were made under this act, in the first instance. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 41, ibid., for following purposes w.e.f. . 4. subs. by s. 41, ibid., for ten per cent. w.e.f. . 5. ins. by act 27 of , s. 41 w.e.f. . 6. subs. by s. 4, ibid., for wakf w.e.f. . 7. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 73. of the waqf act : 1 notwithstanding anything contained in any other law for the time being in force, the chief executive officer, if he is satisfied that it is necessary and expedient so to do, make an order directing any bank in which, or any person with whom any money belonging to a 1 waqf is deposited, to pay the contribution, leviable under section 72, out of such money, as may be standing to the credit of the 1 waqf in such bank or may be deposited with such person, or out of the moneys which may, from time to time, be received by bank or other person for or on behalf of the 1 waqf by way of deposit, and on receipt of such orders, the bank or the other person, as the case may be, shall, when no appeal has been preferred under subsection 3, comply with such orders, or where an appeal has been preferred under subsection 3, shall comply, with the orders made by the tribunal on such appeal. 2 every payment made by a bank or other person in pursuance of any order made under subsection 1, shall operate as a full discharge of the liability of such bank or other person in relation to the sum so paid. 3 any bank or other person who is ordered under subsection 1 to make any payment may, within thirty days from the date of the order, prefer an appeal against such order to the tribunal and the decision of the tribunal on such appeal shall be final. 4 every officer of the bank or other person who fails, without any reasonable excuse, to comply with the order made under subsection 1 or, as the case may be, under subsection 3, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to eight thousand rupees, or with both. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 74. of the waqf act : 74. deduction of contribution from perpetual annuity payable to the 1waqf.1 every authority empowered to disburse any perpetual annuity payable to a 1waqf under any law relating to the abolition of zamindars or jagirs, or laying down land ceilings, shall, on receipt of a certificate from the chief executive officer, specifying the amount of contribution payable by the 1under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the 2waqf, the amount specified in such certificate and remit the amount so deducted to the chief executive officer. 2 every amount remitted under subsection 1 to the chief executive officer shall be deemed to be a payment made by the 2waqf and shall, to the extent of the amount so remitted, operate as a full discharge of the liability of such authority with regard to the payment of the perpetual annuity. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 77. of the waqf act : 77. 1 waqf fund.1 all moneys received or realised by the board under this act and all other moneys received as donations, benefactions or grants by the board shall form a fund to be called the 1 waqf fund. 2 all moneys received by the board, as donations, benefactions and grants shall be deposited and accounted for under a separate subhead. 3 subject to any rules that may be made by the state government in this behalf, the 1 waqf fund shall be under the control of the board, so, however, that the 1 waqf fund under the control of common 1 waqf board shall be subject to rules, if any, made in this behalf by the central government. 4 the 1 waqf fund shall be applied to a repayment of any loan incurred under section 75 and payment of interest thereon b payment of the cost of audit of the 1 waqf fund and the accounts of 2 auqaf c payment of the salary and allowances to the officers and staff of the board d payment of traveling allowances to the chairperson, members, of the board e payment of all expenses incurred by the board in the performance of the duties imposed, and the exercise of the powers conferred, by or under this act f payment of all expenses incurred by the board for the discharge of any obligation imposed on it by or under any law for the time being in force. 3 g payment of maintenance to muslim women as ordered by a court of competent jurisdiction under the provisions of the muslim women protection of rights on divorce act, 25 of . 5 if any balance remains after meeting the expenditure referred to in subsection 4, the board may use any portion of such balance for the preservation and protection of 4 waqf properties or for such other purposes as it may deem fit. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. ins. by act 27 of , s. 42 w.e.f. . 4. subs. by s. 4, ibid., for wakf w.e.f. .

section 78. of the waqf act : 1 the board shall in every year prepare, in such form and at such time as may be prescribed, a budget for the next financial year showing the estimated receipts and expenditure during that financial year and forward a copy of the same to the state government. 2 on receipt of the budget forwarded to it under subsection 1, the state government shall examine the same and suggest such alterations, corrections or modifications to be made therein as it may think fit and forward such suggestions to the board for its consideration. 3 on receipt of the suggestions from the state government the board may make written representations to that government with regard to the alterations, corrections or modifications suggested by that government and the state government shall, after considering such representations, communicate, within a period of three weeks from the date of receipt thereof, to the board its final decision in relation to the matter and the decision of the state government shall be final. 4 on receipt of the decision of the state government under subsection 3, the board shall incorporate in its budget all the alterations, corrections, modifications finally suggested by the state government and the budget as so altered, corrected or modified, shall be the budget which shall be passed by the board.

section 84. of the waqf act : whenever an application is made to a tribunal for the determination of any dispute, question or other matter relating to a 1 waqf or 1 waqf property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable, on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 79. of the waqf act : the board shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be provided by regulations.

section 80. of the waqf act : 1 the accounts of the board shall be audited and examined annually by such auditor as may be appointed by the state government. 2 the auditor shall submit his report to the state government and the report of the auditor shall, among other things, specify whether the accounts of every 1 waqf under the direct management of the board have been kept separately and whether such accounts have been audited annually by the state examiner of local funds and shall also specify all cases of irregular, illegal or improper expenditure or of failure to recover money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report and the report shall also contain the name of any person who, in the opinion of the auditor is responsible for such expenditure or failure and the auditor shall in every such case certify the amount of such expenditure or loss as due from such person. 3 the cost of the audit shall be paid from the 1 waqf fund. 1. subs. by s. 4, ibid., for wakf w.e.f. .

section 85. of the waqf act : no suit or other legal proceeding shall lie in any 2 civil court, revenue court and any other authority in respect of any dispute, question or other matter relating to any 1 waqf, 1 waqf property or other matter which is required by or under this act to be determined by a tribunal. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 45, ibid., for civil court 1 w.e.f. .

section 81. of the waqf act : the state government shall examine the auditors report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as it thinks fit 1 and a copy of the said auditors report, along with orders shall be forwarded by the state government to the council within a period of thirty days of laying of such report before each house of the state legislature where it consists of two houses or where such legislatures consist of one house, before that house. 1 subs. by s. 43, ibid., for as it thinks fit w.e.f. .

section 82. of the waqf act : 1 every sum certified to be due from any person by an auditor in his report under section 80, be paid by such person within sixty days after service of a demand notice by the board. 2 if such payment is not made in accordance with the provisions of subsection 1, the sum payable may, on a certificate issued by the board, after giving the person concerned an opportunity of being heard, be recovered as an arrear of land revenue.

section 83. of the waqf act : 1 1 the state government shall, by notification in the official gazette, constitute as many tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this act and define the local limits and jurisdiction of such tribunals. 2 any mutawalli person interested in a 2 waqf or any other person aggrieved by an order made under this act, or rules made thereunder, may make an application within the time specified in this act or where no such time has been specified, within such time as may be prescribed, to the tribunal for the determination of any dispute, question or other matter relating to the 2 waqf. 3 where any application made under subsection 1 relates to any 2 waqf property which falls within the territorial limits of the jurisdiction of two or more tribunals, such application may be made to the tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the 2 waqf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the tribunal aforesaid, the other tribunal or tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter: provided that the state government may, if it is of opinion that it is expedient in the interest of the 2 waqf or any other person interested in the 2 waqf or the 2 waqf property to transfer such application to any other tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such 2 waqf or 2 waqf property, transfer such application to any other tribunal having jurisdiction, and, on such transfer, the tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the tribunal from which the application has been so transferred, except where the tribunal is of opinion that it is necessary in the interest of justice to deal with the application afresh. 3 4 every tribunal shall consist of a one person, who shall be a member of the state judicial service holding a rank, not below that of a district, sessions or civil judge, class i, who shall be the chairman b one person, who shall be an officer from the state civil services equivalent in rank to that of the additional district magistrate, member c one person having knowledge of muslim law and jurisprudence, member and the appointment of every such person shall be made either by name or by designation. 4a the terms and conditions of appointment including the salaries and allowances payable to the chairman and other members other than persons appointed as ex officio members shall be such as may be prescribed. 5 the tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the code of civil procedure, 5 of , while trying a suit, or executing a decree or order. 6 notwithstanding anything contained in the code of civil procedure, 5 of , the tribunal shall follow such procedure as may be prescribed. 7 the decision of the tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a civil court. 8 the execution of any decision of the tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the code of civil procedure, 5 of . 9 no appeal shall lie against any decision or order whether interim or otherwise, given or made by the tribunal: provided that a high court may, on its own motion or on the application of the board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. 1 subs. by act 27 of , s. 44, for subsection 1 w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. . 3. subs. by s. 44, ibid., for subsection 4 w.e.f. .

section 86. of the waqf act : notwithstanding anything contained in the code of civil procedure, 5 of , or in any other law for the time being in force, where any suit or other legal proceeding is instituted or commenced a by or on behalf of a board i to set aside the sale of any immovable property, which is 1 waqf property, in execution of a decree or order of a civil court ii to set aside the transfer of any immovable property, which is 1 waqf property, made by the mutawalli thereof, whether for valuable consideration or not, without or otherwise than in accordance with, the sanction of the board iii to recover possession of the property referred to in clause a or clause b or to restore possession of such property to the mutawalli of the concerned 1 waqf or b by a mutawalli to recover possession of immovable property, which is 1 waqf property, which has been transferred by a previous mutawalli 2 or by any other person, whether for valuable consideration or not, without otherwise than in accordance with the sanction of the board, and which is in the possession of the defendant, the court may, on the application of the plaintiff, appoint a receiver of such property and direct such receiver to pay from time to time to the plaintiff, out of the income of the property, such amount as the court may consider to be necessary for further prosecution of the suit. 141. subs. by act 27 of , s. 4, for wakf w.e.f. . 143. ins. by s. 46, ibid. w.e.f. .

section 87. of the waqf act : bar to the enforcement of right on behalf of unregistered wakfs. omitted by the wakf amendment act, 27 of , s. 47 w.e.f. .

section 93. bar to compromise of suits by or against mutawalli of the waqf act : no suit or proceeding in any court by or against the mutawalli of a 1 waqf relating to title to 1 waqf property or the rights of the mutawalli shall be compromised without the sanction of the board. 1. subs. by act 27 of , s. 4, for wakf w.e.f.

section 88. of the waqf act : save as otherwise expressly provided in this act, no notification or order or decision made, proceeding or action taken, by the central government or the state government under this act or any rule made thereunder shall be questioned in any civil court.

section 89. of the waqf act : no suit shall be instituted against the board in respect of any act purporting to be done by it in pursuance of this act or of any rules made thereunder, until the expiration of two months next after notice in writing has been delivered to, or left at, the office of the board, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims and the plaint shall contain a statement that such notice has been so delivered or left.

section 90., by courts of the waqf act : 1 in every suit or proceeding relating to a title to or possession of a 1 waqf property or the right of a mutawalli or beneficiary, the court or tribunal shall issue notice to the board at the cost of the party instituting such suit or proceeding. 2 whenever any 1 waqf property is notified for sale in execution of a decree of a civil court or for the recovery of any revenue, cess, rates of taxes due to the government or any local authority, notice shall be given to the board by the court, collector or other person under whose order the sale is notified. 3 in the absence of a notice under subsection 1, any decree or order passed in the suit or proceeding shall be declared void, if the board, within 2 six month of its coming to know of such suit or proceeding, applies to the court in this behalf. 4 in the absence of a notice under subsection 2, the sale shall be declared void, if the board, within one month of its coming to know of the sale, applies in this behalf to the court or other authority under whose order the sale was held. 1 subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 48, ibid., for one month w.e.f. .

section 91. of the waqf act : 1 if, in the course of proceedings under the land acquisition act, or under any law for the time being in force relating to the acquisition of land or other property, 2 and before an award is made, in case the property under acquisition is 1 waqf property, a notice of such acquisition shall be served by collector on the board and further proceedings shall be stayed to enable the board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice. explanation.the reference to the collector in the foregoing provisions of this subsection shall, in relation to any other law referred to therein, be construed, if the collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award. 2 where the board has reason to believe that any property under acquisition is 1 waqf property, it may at any time before the award is made appear and plead as a party to the proceeding. 3 when the board has appeared under the provisions of subsection 1 or subsection 2, no order shall be passed under section 31 or section 32 of the land acquisition act, or under the corresponding provisions of the other law referred to in subsection 1 without giving an opportunity to the board to be heard. 4 any order passed under section 31 or section 32 of the land acquisition act, or under the corresponding provisions of the other law referred to in subsection 1 without giving an opportunity to the board to be heard, shall be declared void if the board, within one month of its coming to know of the order, applies in this behalf to the authority which made the order. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 49, ibid., for it appears to the collector before an award is made that any property w.e.f. .

section 92. board to be party to suit or proceeding of the waqf act : in any suit or proceeding in respect of a 1 waqf or any 1 waqf property the board may appear and plead as a party to the suit or proceeding. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 97.directions by state government of the waqf act : subject to any directions issued by the central government under section 96, the state government may, from time to time, give to the board such general or special directions as the state government thinks fit and in the performance of its functions, the board shall comply with such directions: 1 provided that the state government shall not issue any direction being contrary to any waqf deed or any usage practice or custom of the waqf. 1. ins. by s. 50, ibid. w.e.f. .

section 94. of the waqf act : 1 where a mutawalli is under an obligation to perform any act which is recognised by muslim law as pious, religious or charitable and the mutawalli fails to perform such act, the board may apply to the tribunal for an order directing the mutawalli to pay to the board or to any person authorised by the board in this behalf the amount necessary for the performance of such act. 2 where a mutawalli is under an obligation to discharge any other duties imposed on him under the 1 waqf and the mutawalli wilfully fails to discharge such duties, the board or any person interested in the 1 waqf may make an application to the tribunal and the tribunal may pass such order thereon as it thinks fit. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 95. of the waqf act : where, under this act any period has been specified for the filing of any appeal, the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period so specified, entertain the appeal after the expiry of the said period.

section 96. of the waqf act : 6. power of central government to regulate secular activities of 1 auqaf.1 for the purpose of regulating the secular activities of 1 auqaf, the central government shall have the following powers and functions, namely: a to lay down general principles and policies of 2 waqf administration in so far as they relate to the secular activities of the 1 auqaf b to coordinate the functions of the central 2 waqf council and the board, in so far as they relate to their secular functions c to review administration of the secular activities of 1 auqaf generally and to suggest improvements, if any. 2 in exercising its powers and functions under subsection 1, the central government may call for any periodic or other reports from any board and may issue to the board such directions as it may think fit and the board shall comply with such directions. explanation.for the purposes of this section secular activities shall include social, economic, educational and other welfare activities 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. .

section 104a. prohibition of sale, gift, exchange, mortgage or transfer of waqf property of the waqf act : 1 104a. prohibition of sale, gift, exchange, mortgage or transfer of waqf property.1 notwithstanding anything contained in this act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person. 2 any sale, gift, exchange, mortgage or transfer of property referred to in subsection 1 shall be void ab initio. 1. ins. by s. 53, ibid. w.e.f. .

section 98. of the waqf act : as soon as may be after the close of a financial year, the state government shall cause a general annual report on the working and administration of the state 2 waqf board and the administration of 1 auqaf in the state during that year to be prepared and laid before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house, and every such report shall be in such form and shall contain such matters as may be provided by regulations. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. subs. by s. 4, ibid., for wakf w.e.f. .

section 100. of the waqf act : no suit or other legal proceeding shall lie against the board or chief executive officer or survey commissioner or any other person duly appointed under this act in respect of anything which is in good faith done or intended to be done under this act.

section 104. of the waqf act : 104. application of act to properties given or donated by persons not professing islam for support of certain 1 waqf.notwithstanding anything contained in this act where any movable or immovable property has been given or donated by any person not professing islam for the support of a 1 waqf being a a mosque, idgah, imambara, dargah, khangah or a maqbara b a muslim graveyard c a choultry or a musafirkhana, then such property shall be deemed to be comprised in that 154 waqf and be dealt in the same manner as the 1 waqf in which it is so comprised. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 102. special provision for reorganisation of certain boards of the waqf act : show related subordinates 1 where on account of the reorganisation of states under any law providing reorganisation of states, the whole or any part of a state in respect of which a board was, immediately before the day of such reorganisation, functioning has been transferred on that day to another state and by reason of such transfer, it appears to the government of a state in any part of which the board is functioning that the board should be dissolved or that it should be reconstituted as an intrastate board for the whole or any part of that state, the state government may frame a scheme or such dissolution or such reconstitution, including proposals regarding the transfer of the assets, rights and liabilities of the board to any other board or state government and the transfer or reemployment of employees of the board and forward the scheme to the central government. 2 on receipt of a scheme forwarded to it under subsection 1, the central government may, 1 after consulting the council and the state governments concerned, approve the scheme with or without modifications and give effect to the scheme so approved by making such order as it thinks fit. 3 an order under subsection 2 may provide for all or any of the following matters, namely: a the dissolution of the board b the reconstitution in any manner whatsoever of the board including the establishment, where necessary, of a new board c the area in respect of which the reconstituted board or new board shall function and operate d the transfer, in whole or in part, of the assets, rights and liabilities of the board including the rights and liabilities under any contract made by it to any other board or state government and the terms and conditions of such transfer e the substitution of any such transferee, for the board, or the addition of any such transferee, as a party to any legal proceeding to which the board is a party and the transfer of any proceeding pending before the board to any such transferee f the transfer or reemployment of any employee of the board to or by, any such transferee and subject to the provisions of law providing for the reorganisation of the concerned state, the terms and conditions of service applicable to such employees after such transfer or reemployment and g such incidental, consequential and supplemental matters as may be necessary to give effect to the approved scheme. 4 where an order is made under this section transferring the assets, rights and liabilities of the board, then, by virtue of that order, such assets, rights and liabilities of the board shall vest in, and be the assets, rights and liabilities of, the transferee. 5 every order made under this section shall be published in the official gazette. 6 every order made under this section shall be laid before each house of parliament, as soon as may be, after it is made. 1. ins. by s. 54, ibid. w.e.f. .

section 99. power to supersede board of the waqf act : 1 if the state government is of opinion that the board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the central government under section 96 or the state government under section 97, or if the state government is satisfied on consideration of any report submitted after annual inspection, that the boards continuance is likely to be injurious to the interests of the 1 auqaf in the state, the state government may, by notification in the official gazette, supersede the board for a period not exceeding six months: provided that before issuing a notification under this subsection, the state government shall give a reasonable time to the board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the board: 2 provided further that the power of the state government under this section shall not be exercised unless there is a prima facie evidence of financial irregularity, misconduct or violation of the provisions of this act. 2 upon the publication of a notification under subsection 1 superseding the board, a all the members of the board shall, as from the date of supersession, vacate their offices as such members b all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the board shall, during the period of supersession, be exercised and performed by such person or persons as the state government may direct and c all properties vested in the board shall, during the period of supersession vest in the state government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the state government may 3 a extend the period of supersession by another six months with reasons to be recorded in writing and, the period of continuous supersession shall not exceed more than a year or b reconstitute the board in the manner provided in section 14. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. . 2. ins. by s. 51, ibid. w.e.f. . 3. subs. by act 27 of , s. 51, for clause a w.e.f. .

section 106. powers of central government to constitute common boards of the waqf act : 1 where the central government is satisfied that by reasons of i the smallness of the muslim population in two or more states, ii the slender resources of the 2 auqaf in such states, and iii the disproportion between the number and income of the 2 auqaf and the muslim population in such states, it is expedient in the interests of the 2 auqaf in the states and the muslim population of such states, to have, instead of separate boards for each of such states, a common board, it may,3 after consultation with the council and the government of each of the concerned states, establish, by notification in the official gazette, a common board for such states as it may deem fit, and may, by the same or any subsequent notification specify the place at which the principal office of such common board shall be located. 2 every common board established under subsection 1 shall, as far as practicable, consist of the persons specified in subsection 1 or, as the case may be, subsection 7 of section 14. 3 whenever any common board is established under subsection 1 a all powers vested in the state government under any deed of 1 waqf or any provision of law for the time being in force relating to 2 auqaf, shall stand transferred to, and vested in, the central government and, thereupon, references in such deed of 157 waqf or law to the state governments shall be construed as references to the central government: provided that while establishing a common board for two or more states, the central government shall ensure, that at least one representative of each of the concerned states is included as a member of the board b references in this act to a state shall be construed as references to each of the states for which the common board has been established c the central government may, without prejudice to any rule applicable to a board in a state, may, by notification in the official gazette, rules regulating the conduct of business by, and affairs of, the common board. 4 the common board shall be a body corporate, with objects not confined to one state, having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property, subject to such conditions and restrictions as may be specified by the central government, and shall by the said name sue or be sued. 1. subs. by act 27 of , s. 4, for wakf w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 55, ibid., for after consultation with the government w.e.f. .

section 101. of the waqf act : 1 the survey commissioner, members of the board, every officer, every auditor of the board and every other person duly appointed to discharge any duties imposed on him by this act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 2 every mutawalli of a 1 waqf, every member of managing committee, whether constituted by the board or under any deed of 1 waqf, every executive officer and every person holding any office in a 2 waqf shall also be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. subs. by s. 4, ibid., for wakf w.e.f. . 2. subs. by s. 52, ibid., for after consulting the state governments w.e.f. .

section 108. of the waqf act : 108. special provision as to evacuee 1 waqf properties.the provisions of this act shall apply, and shall be deemed always to have applied, in relation to any evacuee property within the meaning of clause f of section 2 of the administration of evacuee property act, 31 of which immediately before it became such evacuee property within the said meaning was property comprised in any 1 waqf and, in particular any entrustment whether by transfer of any documents or in any other manner and whether generally or for specified purpose of any such property to a board made before the commencement of this act in pursuance of the instructions of the custodian under the administration of evacuee property act, shall have, and shall be deemed always to have had, notwithstanding anything contained in any other provision of this act, effect as if such entrustment had operated to a vest such property in such board in the same manner and with the same effect as in a trustee of such property for the purposes of subsection 1 of section 11 of the administration of evacuee of property act, 31 of , with effect from the date of such entrustment, and b authorise such board to assume direct management of the 1 waqf concerned for so long as it might deem necessary. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 103. of the waqf act : 1 where on account of the territorial changes brought about by any law providing for the reorganisation of any state, this act is as from the date on which that law comes into force applicable only to any part or parts of a state but has not been brought into force in the remaining part thereof, then notwithstanding anything contained in this act, it shall be lawful for the government of the state to establish one or more boards for such part or parts in which this act is in force and in such a case any reference in this act to the word state in relation of a board shall be construed as a reference to that part of the state for which the board is established. 2 where any such board has been established and it appears to the government of the state, that a board should be established for the whole of the state, the state government may, by order notified in the official gazette dissolve the board established for the part of the state or reconstitute and reorganise, such board or establish a new board for the whole of the state and thereupon, the assets, rights and liabilities of the board for the part of the state shall vest in and be the assets, rights and liabilities of the reconstituted board or the new board, as the case may be.

section 104b. of the waqf act : 1 104b. restoration of waqf properties in occupation of government agencies to waqf board.1 if any waqf property has been occupied by the government agencies it shall be returned to the board or the mutawalli within a period of six months from the date of the order of the tribunal. 2 the government agency may, if the property is required for a public purpose, make an application for determination of the rent, or as the case may be, the compensation, by the tribunal at the prevailing market value. 1. ins. by s. 54, ibid. w.e.f. .

section 105., to be furnished of the waqf act : notwithstanding anything contained in any law for the time being in force, it shall be lawful for the board or the chief executive officer to require any person having the custody of any record, register, report or other document relating to a 1 waqf or any immovable property, which is 1 waqf property, to furnish, subject to the payment of necessary costs, copies of, or extracts from, any such record, register, report or document and every person to whom such a requisition is made, shall furnish, as soon as may be practicable, to the board or chief executive officer, copies or extracts from the required record, register, report or other document. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 107. of the waqf act : 107. act 36 of not to apply for recovery of 1 waqf properties.nothing contained in the limitation act, shall apply to any suit for possession of immovable property comprised in any 1 waqf or for possession of any interest in such property. 1. subs. by act 27 of , s. 4, for wakf w.e.f. .

section 110. of the waqf act : 1 the board may, with previous sanction of the state government, make regulations not inconsistent with this act or the rules made thereunder, for carrying out its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely a the time and places of the meetings of the board under subsection 1 of section 17 b the procedure and conduct of business at the meetings of the board c the constitution and functions of the committees and the board and the procedure for transaction of business at the meetings of such committees d the allowances or fees to be paid to the chairperson or members of the board or members of committees e the terms and conditions of service of the officers and other employees of the board under subsection 2 of section 24 f the forms of application for registration of 1 auqaf further particulars to be contained therein and the manner and place of registration of 1 auqaf under subsection 3 of section 36 g further particulars to be contained in the register of 1 auqaf under section 37 h the form in which, and the time within which, the budgets of 1 auqaf may be prepared and submitted by the mutawalli and approved by the board under subsection 1 of section 44 i the books of accounts and other books to be maintained by the board under section 79 j fees payable for inspection of proceedings and records of the board or for issue of copies of the same k persons by whom any order or decision of the board may be authenticated and l any other matter which has to be, or may be, provided by regulations. 3 all regulations made under this section shall be published in the official gazette and shall have effect from the date of such publication. 1. subs. by act 27 of , s. 4, for wakfs w.e.f. .

section 108a. of the waqf act : 1 108a. act to have overriding effect.the provisions of this act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act. 1. ins. by s. 56, ibid. w.e.f. .

section 113. of the waqf act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of the period of two years from the commencement of this act. 2 however, order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 109.power to make rules of the waqf act : show related subordinates 1 the state government may, by notification in the official gazette, make rules to carry out the purposes of this act, other than those of chapter iii. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: 1 i the qualifications required to be fulfilled by a person to be appointed as a mutawalli under clause i of section 3 ia other particulars which the report of the survey commissioner may contain under clause f of subsection 3 of section 4 ii any other matter under clause f of subsection 4 of section 4 iii the particulars which a list of 2 auqaf published under subsection 2 of section 5, may contain iv the manner of election of members of the board by means of a single transferable vote, 3 under subsection 1 of subsection 2 of section 14 v the terms and conditions of service of the chief executive officer under subsection 2 of section 23 vi the conditions and restrictions subject to which the chief executive officer or any other officer may inspect any public office, records or registers under section 29 4 via the period within which the mutawalli or any other person may produce documents related to waqf properties under subsection 2 of section 31 vib the conditions under which an agency of the government or any other organisation may supply copies of records, registers and other documents under subsection 3 of section 31 vii the conditions subject to which an executive officer and supporting staff may be appointed under subsection 1 of section 38 viii the manner in which an inquiry may be held by the chief executive officer under subsection 1 of section 39 ix the form in which, and the time within which, a separate budget for 5 auqaf under the direct management of the board shall be prepared under subsection 1 of section 45 x the interval at which accounts of 5 auqaf may be audited in pursuance of the provisions of subsection 1 of section 47 6 xii the guidance subject to which the collector shall recover the property transferred in contravention of the provisions of this act, under section 52 xiii the manner of service of notice issued under subsection 1 of section 54 and the manner in which any inquiry is to be made under subsection 3 of that section xiv the manner in which any inquiry may be held under section 64 or section 71 xv the other matters which may be specified in the report submitted under subsection 3 of section 65 xvi the manner of publication of order made under subsection 2 of section 67 xvii the manner in which consultation may be made with mutawalli under subsection 1 of section 69 xviii the manner of publication of order made under subsection 3 of section 69 xix the rate at which contribution is to be made by a mutawalli under section 72 xx the payment of moneys into the 7 waqf fund, the investment, the custody and disbursement of such moneys under section 77 xxi the form in which, and the time within which, the budget of the board may be prepared and submitted under section 78 xxii the time within which application is to be made to the tribunal under subsection 2 of section 83 8 xxiia the terms and conditions of appointment including the salaries and allowances payable to the chairman and other members other than persons appointed as ex officio members under subsection 4a of section 83 xxiii the procedure which the tribunal shall follow under subsection 6 of section 83 xxiv the form in which the annual report is to be submitted and the matters which such report shall contain under section 98 and xxv any other matter which is required to be, or may be, prescribed. 1. subs. by s. 57, ibid., for clause i w.e.f. . 2. subs. by s. 4, ibid., for wakfs w.e.f. . 3. subs. by s. 57, ibid., for under w.e.f. . 4. ins. by s. 57, ibid. w.e.f. . 5. subs. by act 27 of , s. 4, for wakfs w.e.f. . 6. cl. xi omitted by s. 57, ibid. w.e.f. . 7. subs. by s. 4, ibid., for wakf w.e.f. . 8. ins. by s. 57, ibid. w.e.f. .

section 111.laying of rules and regulations before state legislature of the waqf act : every rule made under section 109 and every regulation made under section 110 shall be laid, as soon as may be after it is made, before the state legislature.

section 112.repeal and savings of the waqf act : 1 the wakf act, 29 of and the wakf amendment act, 69 of are hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said acts shall be deemed to have been done or taken under the corresponding provisions of this act. 3 if, immediately before the commencement of this act, in any state, there is in force in that state, any law which corresponds to this act that corresponding law shall stand repealed: provided that such repeal shall not affect the previous operation of that corresponding law, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this act was in force on the day on which such things were done or action was taken.

section 8. of the civil defence act : 1 the members of the corps shall perform such functions in relation to the carrying out of measures for civil defence as may be assigned to them by rules made under this act or by any other law for the time being in force. 2 the state government or the controller may, by order, call out a member of the corps for training or for discharging such functions in relation to the carrying out of measures for civil defence as may be specified in such order. 3 subject to such orders as the central government may make in this behalf, any member of the corps of any state may at any time be required, by order, to discharge functions in relation to civil defence in any other state and shall while discharging such functions, be deemed to be a member of the corps of that other state and be vested with the powers, functions and privileges and be subject to the liabilities of a member of the corps in that other state.

section 1. of the civil defence act : 1 this act may be called the civil defence act, . 2 it extends1 to the whole of india. 3 it shall come into force in a state or part thereof on such date2 , not being a date earlier than the date of the expiry of the defence of india act, 51 of , as the central government may, by notification, appoint and different dates may be appointed for different states or different parts thereof. 1. 1st october, , vide notification no. s.o.478e,dated 8th september, , extended and brought into force in the state of sikkim. 2. 10th july, , vide notification no. s.o.e, dated 5th july, , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 2. of the civil defence act : in this act, unless the context otherwise requires, a civil defence includes any measures, not amounting to actual combat, for affording protection to any person, property, place or thing in india or any part of the territory thereof against any hostile attack, whether from air, land, sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such measures are taken before, during, at or after the time of such attack2 or any measure taken for the purpose of disaster management, before, during, at, or after any disaster b civil defence corps means the corps formed wholly or mainly to meet the needs of civil defence and includes an organisation deemed to be a corps under the proviso to subsection 1 of section 4 c hostile attack means any attack by any person or body of persons, whether during any war, external aggression, internal disturbance or otherwise which endangers the security of any life, property, place or thing in india or any part of the territory thereof dnotification means a notification published in the official gazette e personal service injury has the meaning assigned to it in the personal injuries emergency provisions act, 59 of f state government, in relation to a union territory, means the administrator of the union territory 1 g disaster means a disaster as defined in clause d of section 2 of the disaster management act, 53 of h disaster management means the disaster management as defined in clause e of section 2 of the disaster management act, 53 of . 1. 1st october, , vide notification no. s.o.478e,dated 8th september, , extended and brought into force in the state of sikkim 2. ins. by act 3 of , s. 2 w.e.f. .

section 7. of the civil defence act : a member of the corps who is dismissed from the corps under section 6 may prefer an appeal to the state government within thirty days from the date of such dismissal and that government may, on such appeal, confirm, modify or reverse the order made by the controller or other authority.

section 4. of the civil defence act : 1 the state government may constitute, for any area within the state, a body of persons to be called the civil defence corps hereinafter referred to as the corps and may appoint a person, not being, in its opinion, below the rank of a district magistrate to be known as the controller to command such corps: provided that if there is in existence in any area in a state, immediately before the commencement of this act in that area, an organisation which, in the opinion of the state government, may be entrusted with the functions of the corps, the state government may, instead of constituting a separate corps for such area, call upon that organisation to take over or discharge the functions of the corps in that area, and thereupon such organisation shall be deemed, for the purposes of this act, to be the corps for that area. 2 the state government may, for the purpose of coordinating the activities of the controllers within the state, appoint a director of civil defence and every controller shall comply with the directions given by such director.

section 10. of the civil defence act : the provisions of the personal injuries emergency provisions act, 59 of , and of every scheme made thereunder shall apply, so far as may be, to every personal service injury sustained by any person appointed to be a member of the corps as they apply to personal service injury sustained by a civil defence volunteer, subject to the modifications that a any reference to a civil defence volunteer under that act or any scheme made thereunder shall be construed as reference to a member of the corps and b any reference therein to the period of emergency shall, in relation to a member of the corps, be construed as the period during which this act is in force.

section 3. of the civil defence act : show related subordinates 1 the central government may, for securing civil defence, by notification, make rules providing for all or any of the following matters, namely: a preventing the prosecution of any work likely to prejudice civil defence b instruction of members of the public regarding civil defence and their equipment for the purposes of such defence c provision, storage and maintenance of commodities and things required for civil defence d prohibiting or regulating traffic, and the use of vessels, buoys, lights and signals in ports and territorial, tidal and inland waters e control of lights and sounds f protection of life and property by taking fire prevention and other measures g securing of any buildings, premises or other structures from being readily recognisable in the event of a hostile attack h for the prevention of danger to life or property, the demolition, destruction or rendering useless, of any building, premises or other structures or any other property i prohibiting or regulating the possession, use or disposal of i explosives, inflammable substances, corrosive and other dangerous substances or articles, arms and ammunition ii vessels iii wireless telegraphic apparatus iv aircraft and v photographic and signalling apparatus and any means of recording information j evacuation of areas and the removal of property or animals therefrom k accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in such area l billeting of evacuated person or persons authorised to perform functions under this act m salvage of damaged buildings, structures and property and disposal of the dead n seizure and custody or destruction of injured, unclaimed or dangerous animals o ensuring the safety of i ports, dockyards, lighthouses, lightships, aerodromes and facilities associated with aerial navigation ii railways, tramways, roads, bridges, canals and all other means of transport by land or water iii telegraphs, post offices, signalling apparatus and all other means of communication iv sources and systems of water supply, works for the supply of water, gas or electricity and all other works for public purposes v vessels, aircraft, transport vehicles as defined in the motor vehicles act, 4 of , and rolling stocks of railways and tramways vi warehouses and all other places used or intended to be used for storage purposes vii mines, oilfields, factories or industrial or commercial undertakings generally, or any mine, oilfield, factory or industrial or commercial undertaking in particular viii laboratories and institutions where scientific or technological research or training is conducted or imparted ix all works and structures being part of, or connected with, anything earlier mentioned in this clause and x any other place or thing used or intended to be used for the purposes of government or a local authority or a semigovernment or autonomous organisation, the protection of which is considered necessary or expedient for securing civil defence p control of any road or pathway, waterway, ferry or bridge, river, canal or other source of water supply q precautionary measures, which the government or any department thereof or any local authority, members of police force, fire brigade and members of any other service or authority employed primarily for purposes other than civil defence purposes should be required to take within their respective jurisdictions or with respect to any personnel employed by them r preventing or controlling any use of uniforms, whether official or otherwise, or flags or official decorations like medals, badges or other insignia or anything similar thereto, the wearing of which is calculated to deceive or to prejudice civil defence s precautions to be taken or action to be taken by persons or authorities with a view to protecting or acquainting the general public or any members thereof against the dangers involved in any apprehended hostile attack t requiring the owner or occupier of any building, structure or premises to make or carry out such arrangements as may be necessary for the purposes of detection and prevention of fire u taking of specified measures for dealing with outbreaks of fire v directing that, subject to any specified exemption, no person present in any specified area shall, between such hours as may be specified, be out of doors except under the authority of a written permit granted by a specified authority or person w i prohibiting the printing and publication of any newspaper, newssheet, book or other document containing matters prejudicial to civil defence ii demanding security from any press used for the purpose of printing or publishing, and forfeiting the copies of, any newspaper, newssheet, book or other document containing any of the matters referred to in subclause i x regulating the conduct of persons in respect of areas the control of which is considered necessary or expedient, and removal of persons from such areas y requiring any person or class of persons to comply with any scheme of civil defence z any other provision which may be necessary for the purposes of civil defence. 2 any rule made under subsection 1 may provide that orders with regard to the matters specified therein may be made by the state government. 4 3 any rule made under subsection 1 may provide that a contravention thereof or any order made thereunder shall be punishable with fine which may extend to five hundred rupees, and where the contravention is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues. 4. subs. by act 42 of , s. 6 during emergency and six months thereafter w.e.f.. 3 any rule made under subsection 1 may provide that a contravention thereof or any order made or direction given thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both..

section 5. of the civil defence act : 1 the state government may appoint as members of the corps persons who are fit and willing to serve as such and the controller may appoint any member so appointed to such office or command in the corps, as such member is, in the opinion of the controller, fit to hold. 2 every person appointed to be a member of the corps shall be given a certificate of membership in such form as may be prescribed.

section 13. of the civil defence act : any authority or person acting in pursuance of this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and civil defence.

section 6. of the civil defence act : 1 where any member of the corps fails or has failed, in the opinion of the controller, to discharge his duties as such member satisfactorily or is or has been found guilty of any misconduct in the discharge of his duties as such member, the controller may, after an inquiry in which such member of the corps has been given a reasonable opportunity of being heard in respect of the charges against him, by an order, dismiss such member from the corps. 2 where the controller is of opinion that the continued presence of any member of the corps is undesirable, he may, without assigning any reason, summarily dismiss such member from the corps.

section 9. of the civil defence act : 1 the central government may, by notification, make regulations for carrying out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power such regulations may a prescribe the functions of the members of the corps and regulate the manner in which they may be called out for service b regulate the organisation, appointment, conditions of service, discipline, accoutrement and clothing of members of any or all of the corps c prescribe the form of certificates of membership of any or all of the corps

section 15. of the civil defence act : nothing contained in this act or any rule, regulation or order made thereunder shall apply to the armed forces of the union or to any measures taken by any of the authorities in control of the armed forces of the union for the purpose of securing civil defence or safety of such forces or for the protection of any naval, military or air force installations or stores.

section 11. of the civil defence act : 1 if any member of the corps on being called out by an order under subsection 2 of section 8 neglects or refuses without sufficient excuse to obey such order or to discharge his functions as such member or to obey any lawful order or direction given to him for the performance of his functions, he shall be punishable with fine which may extend to five hundred rupees, and where such neglect or refusal is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues. 1 2 if any person neglects or fails without any reasonable excuse to obey any order made or direction given to him under this act or rules made thereunder, he shall be punishable with fine which may extend to five hundred rupees, and where such negligence or failure is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such negligence or failure continues. 1. subsection 2 omitted by act 42 of , s. 6 during emergency and six months thereafter and restored thereafter w.e.f. .

section 12., inconsistent with other enactments. of the civil defence act : 1 the provisions of this act or any rules thereunder or any order made under this act or any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act. 2 every appointment, order or rule made in relation to civil defence before the commencement of this act by or under any law relating to civil defence shall, in so far as it is not inconsistent with the provisions of this act, continue to be in force until it is rescinded or altered under this act, and be deemed to have been made under the corresponding provisions of this act. explanation.commencement of this act, in relation to any provision or area, means the commencement of that provision or, as the case may be, the commencement of this act in that area.

section 16b. of the civil defence act : 116b. effect of order made by the central government, etc.any order made by the central government or the officer or authority authorised by it under section 16a in relation to a matter to which this act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any order made by the state government or any other authority with regard to such matter. 1. ins. by act 42 of , s. 6 during emergency and six months thereafter w.e.f. .

section 14. of the civil defence act : 1 no order made in exercise of any power conferred by or under this act shall be called in question in any court. 2 where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this act, a court shall, within the meaning of the indian evidence act, 1 of , presume that such order was so made by that authority.

section 19. of the civil defence act : any person authorised by1the central government the controller or the state government under this act and every member of the corps, while functioning as such, shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 42 of , s. 6 during emergency and six months thereafter w.e.f.

section 16. of the civil defence act : no prosecution for any offence punishable under this act shall be instituted against any person except by, or with the consent of, the controller or any person authorised by the controller in this behalf.

section 20. of the civil defence act : every rule and every regulation made by the central government under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. subs. by act 20 of , s. 2 and the schedule, for certain words w.e.f. .

section 16a. of the civil defence act : 116a. power of the central government to delegate.the central government may, by order, direct that any power or duty, which by this act or any rule made thereunder is conferred or imposed upon the central government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by any officer or authority subordinate to the central government. 1. ins. by act 42 of , s. 6 during emergency and six months thereafter w.e.f.

section 17. of the civil defence act : the state government may, by notification, direct that a all or any of the powers which may be exercised by it under this act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the state government, inferior in rank to that of a district magistrate, as may be specified in the said notification b all or any of the powers which may be exercised by the controller under this act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the state government, inferior in rank to that of a sub divisional magistrate, as may be specified in the said notification.

section 18. of the civil defence act : 1 no suit, prosecution or other legal proceeding shall lie against the government, the director or the controller or any person, authorised by the government or the controller, for anything which is in good faith done or intended to be done under this act or any rules or orders made thereunder or any orders issued under any such rule. 2 no suit or other legal proceeding shall lie against the government, the director or the controller or any person, authorised by the government or the controller, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act or any rule made thereunder or any order issued under any such rule.

section 8. of the payment of bonus act : every employee shall be entitled to be paid by his employer in an accounting year, bonus, in accordance with the provisions of this act, provided he has worked in the establishment for not less than thirty working days in that year.

section 1. of the payment of bonus act : show related subordinates 1 this act may be called the payment of bonus act, . 2 it extends to the whole of india 1 . 3 save as otherwise provided in this act, it shall apply to a every factory and b every other establishment in which twenty or more persons are employed on any day during an accounting year: 2 provided that the appropriate government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act with effect from such accounting year as may be specified in the notification, to any establishment or class of establishments including an establishment being a factory within the meaning of subclause ii of clause m of section 2 of the factories act, 63 of employing such number of persons less than twenty as may be specified in the notification so, however, that the number of persons so specified shall in no case be less than ten. 4 save as otherwise provided in this act, the provisions of this act shall, in relation to a factory or other establishment to which this act applies, have effect in respect of the accounting year commencing on any day in the year and in respect of every subsequent accounting year: 3 provided that in relation to the state of jammu and kashmir, the reference to the accounting year commencing on any day in the year and every subsequent accounting year shall be construed as reference to the accounting year commencing on any day in the year and every subsequent accounting year: 4 provided further that when the provisions of this act have been made applicable to any establishment or class of establishments by the issue of a notification under the proviso to subsection 3, the reference to the accounting year commencing on any day in the year and every subsequent accounting year or, as the case may be, the reference to the accounting year commencing on any day in the year and every subsequent accounting year, shall, in relation to such establishment or class of establishments, be construed as a reference to the accounting year specified in such notification and every subsequent accounting year. 5 an establishment to which this act applies 5 shall continue to be governed by this act notwithstanding that the number of person employed therein falls below twenty 6 or, as the case may be, the number specified in the notification issued under the proviso to subsection 3. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 2. the proviso added by act 23 of , s. 3 w.e.f. . 3. the proviso added by act 51 of , s. 2 and the schedule w.e.f. . 4. the proviso inserted by act 23 of , s. 3 w.e.f. . 5. the words, brackets, letter and figure under clause b of subsection 3 omitted by s. 3, ibid. w.e.f. . 6. certain words, brackets and figure added by s. 3, ibid. w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the payment of bonus act : 14. computation of gross profits.the gross profits derived by an employer from an establishment in respect of any accounting year shall a in the case of a banking company, be calculated in the manner specified in the first schedule b in any other case, be calculated in the manner specified in the second schedule. 1. subs. by act 66 of , s. 3, for section 4 w.e.f. .

section 7. of the payment of bonus act : 17 any direct tax payable by the employer for any accounting year shall, subject to the following provisions, be calculated at the rates applicable to the income of the employer for that year, namely: a in calculating such tax no account shall be taken of i any loss incurred by the employer in respect of any previous accounting year and carried forward under any law for the time being in force relating to direct taxes ii any arrears of depreciation which the employer is entitled to add to the amount of the allowance for depreciation for any following accounting year or years under subsection 2 of section 32 of the incometax act iii any exemption conferred on the employer under section 84 of the incometax act or of any deduction to which he is entitled under subsection 1 of section 101 of that act, as in force immediately before the commencement of the finance act, 10 of b where the employer is a religious or a charitable institution to which the provisions of section 32 do not apply and the whole or any part of its income is exempt from tax under the incometax act, then, with respect to the income so exempted, such institution shall be treated as if it were a company in which the public are substantially interested within the meaning of that act c where the employer is individual or a hindu undivided family, the tax payable by such employer under the incometax act shall be calculated on the basis that the income derived by him from the establishment is his only income d where the income of any employer includes any profits and gains derived from the export of any goods or merchandise out of india and any rebate on such income in allowed under any law for the time being in force relating to direct taxes, then, no account shall be taken of such rebate e no account shall be taken of any rebate 2 other than development rebate or investment allowance or development allowance or credit or relief or deduction not herein before mentioned in this section in the payment of any direct tax allowed under any law for the time being in force relating to direct taxes or under the relevant annual finance act, for the development of any industry. 1. subs. by act 8 of , s. 3, for for the purpose of clause c of section 6, any direct tax payable by the employer w.e.f. . 2. subs. by act 66 of , s. 5, for other than development rebate or development allowance w.e.f. .

section 3. of the payment of bonus act : where an establishment consists of different department or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus under this act: provided that where for any accounting year a separate balancesheet and profit and loss account are prepared and maintained in respect of any such department or undertaking or branch, then, such department or undertaking or branch shall be treated as a separate establishment for the purpose of computation of bonus, under this act for that year, unless such department or undertaking or branch was, immediately before the commencement of that accounting year treated as part of the establishment for the purpose of computation of bonus.

section 10. of the payment of bonus act : 1 10. payment of minimum bonus.subject to the other provisions of this act, every employer shall be bound to pay to every employee in respect of the accounting year commencing on any day in the year and in respect of every subsequent accounting year, a minimum bonus which shall be 8.33 per cent. of the salary of wage earned by the employee during the accounting year or one hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year: provided that where an employee has not completed fifteen years of age at the beginning of the accounting year, the provisions of this section shall have effect in relation to such employees as if for the words one hundred rupees, the words sixty rupees were substituted. 1. subs. by s. 6, ibid., for section 10 w.e.f. .

section 2. of the payment of bonus act : in this act, unless the context otherwise requires, 1 accounting year means i in relation to a corporation, the year ending on the day on which the books and accounts of the corporation are to be closed and balanced ii in relation to a company, the period in respect of which any profit and loss account of the company laid before it in annual general meeting is made up, whether that period is a year or not iii in any other case a the year commencing on the 1st day of april or b if the accounts of an establishment maintained by the employer thereof are closed and balanced on any day other than the 31st day of march, then, at the option of the employer, the year ending on the day on which its accounts are so closed and balanced: provided that an option once exercised by the employer under paragraph b of this subclause shall not again be exercised except with the previous permission in writing of the prescribed authority and upon such conditions as that authority may think fit 2 agricultural income shall have the same meaning as in the incometax act 3 agricultural incometax law means any law for the time being in force relating to the levy of tax on agricultural income 4 allocable surplus means a in relation to an employer, being a company 1other than a banking company which has not made the arrangements prescribed under the incometax act for the declaration and payment within india of the dividends payable out of its profits in accordance with the provisions of section 194 of that act, sixtyseven per cent. of the available surplus in an accounting year b in any other case, sixty per cent. of such available surplus 2 5 appropriate government means i in relation to an establishment in respect of which the appropriate government under the industrial disputes act, 14 of , is the central government, the central government ii in relation to any other establishment, the government of the state in which that other establishment is situate 6 available surplus means the available surplus computed under section 5 7 award means an interim or a final determination of any industrial dispute or of any question relating thereto by any labour court, industrial tribunal or national tribunal constituted under the industrial disputes act, 14 of , or by any other authority constituted under any corresponding law relating to investigation and settlement of industrial disputes in force in a state and includes an arbitration award made under section 10a of that act or under that law 8 banking company means a banking company as defined in section 5 of the banking companies act, 10 of , and includes the state bank of india, any subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of , 3 any corresponding new bank specified in the first schedule to the banking companies acquisition and transfer of undertakings act, 5 of , 1 any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , any cooperative bank as defined in clause vii of section 2 of the reserve bank of india act, 2 of , and any other banking institution which may be notified in this behalf by the central government 9 company means any company as defined is section 3 of the companies act, 1 of , and includes a foreign company within the meaning of section 591 of that act 10 cooperative society means a society registered or deemed to be registered under the cooperative societies act, 2 of , or any other law for the time being in force in any state relating to cooperating societies 11 corporation means any body corporate established by or under any central, provincial or state act but does not include a company or a cooperative society 12 direct tax means a any lax chargeable under i the incometax act ii the super profits tax act, 14 of iii the companies profits surtax act, 7 of iv the agricultural incometax law and b any other tax which, having regard to its nature or incidence, may be declared by the central government, by notification in the official gazette, to be a direct tax for the purposes of this act 13 employee means any person other than an apprentice employed on a salary or wage not exceeding 4 twentyone thousand rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied 14 employer includes i in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and where a person has been named as a manager of the factory under clause f of subsection 1 of section 7 of the factories act, 63 of , the person so named and ii in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent 15 establishment in private sector means any establishment other than an establishment in public sector 16 establishment in public sector means an establishment owned, controlled or managed by a a government company as defined in section 617 of the companies act, 1 of b a corporation in which not less than forty per cent. of its capital is held whether singly or taken together by i the government or ii the reserve bank of india or iii a corporation owned by the government or the reserve bank of india 17 factory shall have the same meaning as in clause m of section 2 of the factories act, 63 of 18 gross profits means the gross profits calculated under section 4 19 incometax act means the incometax act, 43 of 20 prescribed means prescribed by rules made under this act 21 salary or wage means all remuneration other than remuneration in respect of overtime work capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living, but does not include i any other allowance which the employee is for the time being entitled to ii the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles iii any travelling concession iv any bonus including incentive, production and attendance bonus v any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for the time being in force vi any retrenchment compensation or any gratuity or other retirement benefit payable to the employee or any ex gratia payment made to him vii any commission payable to the employee. explanation.where an employee is given in lieu of the whole or part of the salary or wage payable to him, free food allowance or free food by his employer, such food allowance or the value of such food shall, for the purpose of this clause, be deemed to from part of the salary or wage of such employee 22 words and expressions used but not defined in this act and defined in the industrial disputes act, 14 of , shall have the meanings respectively assigned to them in that act. 1. ins. by act 66 of , s. 2 w.e.f. . 2. the words, brackets and figures and includes any amount treated as such under subsection 2 of section 34 omitted by act 23 of , s. 4 w.e.f. . 3. ins. by s. 4, ibid. w.e.f. . 4. subs. by act 6 of , s. 2, for ten thousand rupees w.e.f. .

section 5. of the payment of bonus act : the available surplus in respect of any accounting year shall be the gross profits for that year after deducting therefrom the sums referred to in section 6: 1provided that the available surplus in respect of the accounting year commencing on any day in the year and in respect of every subsequent accounting year shall be the aggregate of a the gross profits for that accounting year after deducting therefrom the sums referred to in section 6 and b an amount equal to the difference between i the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to the gross profits of the employer for the immediately preceding accounting year and ii the direct tax, calculated in accordance with the provisions of section 7, in respect of an amount equal to the gross profits of the employer for such preceding accounting year after deducting therefrom the amount of bonus which the employer has paid or is liable to pay to his employees in accordance with the provisions of this act for that year. 1. the proviso added by act 8 of , s. 2 w.e.f. .

section 6. of the payment of bonus act : the following sums shall be deducted from the gross profits as prior charges, namely: a any amount by way of depreciation admissible in accordance with the provisions of subsection 1 of section 32 of the incometax act, or in accordance with the provisions of the agricultural incometax law, as the case may be: provided that where an employer has been paying bonus to his employees under a settlement or an award or agreement made before the 29the may, , and subsisting on that date after deducting from the gross profits notional normal depreciation, then, the amount of depreciation to be deducted under this clause shall, at the option of such employer such option to be exercised once and within one year from the date continue to be such notional normal depreciation b any amount by way of 1 development rebate or investment allowance or development allowance which the employer is entitled to deduct from his income under the incometax act c subject to the provisions of section 7, any direct tax which the employer is liable to pay for the accounting year in respect of his income, profits and gains during that year d such further sums as are specified in respect of the employer in the 2 third schedule. 1. subs. by act 66 of , s. 4, for development rebate or development allowance w.e.f. . 2. subs. by s. 4, ibid., for second schedule w.e.f. .

section 13. of the payment of bonus act : 113. proportionate reduction in bonus in certain cases.where an employee has not worked for all the working days in an accounting year, the minimum bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than 8.33 per cent. of his salary or wage for the days he has worked in that accounting year, shall be proportionately reduced. 1. subs. by act 66 of , s. 8, for section 13 w.e.f. .

section 9. of the payment of bonus act : notwithstanding anything contained in this act, an employee shall be disqualified from receiving bonus under this act, if he is dismissed from service for a fraud or b riotous or violent behaviour while on the premises of the establishment or c theft, misappropriation or sabotage of any property of the establishment.

section 11. of the payment of bonus act : 111. payment of maximum bonus.1 where in respect of any accounting year referred to in section 10, the allocable surplus exceeds the amount of minimum bonus payable to the employees under that section, the employer shall, in lieu of such minimum bonus, be bound to pay to every employee in respect of that accounting year bonus which shall be an amount in proportion to the salary or wage earned by the employee during the accounting year subject to a maximum of twenty per cent. of such salary or wage. 2 in computing the allocable surplus under this section, the amount set on or the amount set off under the provisions of section 15 shall be taken into account in accordance with the provisions of that section. 1. subs. by s. 6, ibid., for section 10 w.e.f. .

section 17. of the payment of bonus act : where in any accounting year a an employer has paid any puja bonus or other customary bonus to an employee or b an employer has paid a part of the bonus payable under this act to an employee before the date on which such bonus becomes payable, then, the employer shall be entitled to deduct the amount of bonus so paid from the amount of bonus payable by him to the employee under this act in respect of that accounting year and the employee shall be entitled to receive only the balance.

section 12. of the payment of bonus act : 112. calculation of bonus with respect to certain employees.where the salary or wage of an employee exceeds 2 seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher per mensem, the bonus payable to such employee under section 10 or, as the case may be, under section 11, shall be calculated as if his salary or wage were 3 seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate government, whichever is higher per mensem. 4 explanation.for the purposes of this section, the expression scheduled employment shall have the same meaning as assigned to it in clause g of section 2 of the minimum wages act, 11 of . 1. ins. by act 67 of , s. 3 w.e.f. . 2. subs. by act 6 of , s. 3, for three thousand and five hundred rupees w.e.f. . 3. subs. by act 6 of , s. 3, for three thousand and five hundred rupees w.e.f. . 4. the explanation inserted by s. 3, ibid. w.e.f. .

section 14. of the payment of bonus act : for the purposes of section 13, an employee shall be deemed to have worked in an establishment in any accounting year also on the days on which a he has been laid off under an agreement or as permitted by standing orders under the industrial employment standing orders act, 20 of , or under the industrial disputes act, 14 of , or under any other law applicable to the establishment b he has been on leave with salary or wage c he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and d the employee has been on maternity leave with salary or wage, during the accounting year.

section 19. of the payment of bonus act : 1 all amounts payable to an employee by way of bonus under this act shall be paid in cash by his employer a where there is a dispute regarding payment of bonus pending before any authority under section 22, within a month from the date on which the award becomes enforceable or the settlement comes into operation, in respect of such dispute b in any other case, within a period of eight months from the close of the accounting year: provided that the appropriate government or such authority as the appropriate government may specify in this behalf may, upon an application made to it by the employer and for sufficient reasons, by order, extend the said period of eight months to such further period or periods as it thinks fit so, however, that the total period so extended shall not in any case exceed two years. 2 . 3 . 1. subs. by act 23 of , s. 13, for 1 subject to this provisions of this section, all amounts w.e.f. . 2. subsections 2 to 7 omitted by s. 13, ibid. w.e.f. . 3. subsection 8 omitted by act 55 of , s. 2 w.e.f. .

section 15. of the payment of bonus act : 115. set on and set off of allocable surplus.1 where for any accounting year, the allocable surplus exceeds the amount of maximum bonus payable to the employees in the establishment under section 11, then, the excess shall, subject to a limit of twenty per cent. of the total salary or wage of the employees employed in the establishment in that accounting year, be carried forward for being set on in the succeeding accounting year and so on up to and inclusive of the fourth accounting year to be utilised for the purpose of payment of bonus in the manner illustrated in the fourth schedule. 2 where for any accounting year, there is no available surplus or the allocable surplus in respect of that year falls short of the amount of minimum bonus payable to the employees in the establishment under section 10, and there is no amount of sufficient amount carried forward and set on under subsection 1 which could be utilised for the purpose of payment of the minimum bonus, then, such minimum amount or the deficiency, as the case may be, shall be carried forward for being set off in the succeeding accounting year and so on up to and inclusive of the fourth accounting year in the manner illustrated in the fourth schedule. 3 the principle of set on and set off as illustrated in the fourth schedule shall apply to all other cases not covered by subsection 1 or subsection 2 for the purpose of payment of bonus under this act. 4 where in any accounting year any amount has been carried forward and set on or set off under this section, then, in calculating bonus for the succeeding accounting year, the amount of set on or set off carried forward from the earliest accounting year shall first be taken into account. 1. subs. by s. 9, ibid., for section 15 w.e.f. .

section 16. of the payment of bonus act : 1 1 where an establishments newly set up, whether before or after the commencement of this act, the employees of such establishment shall be entitled to be paid bonus under this act in accordance with the provisions of subsections 1a, 1b and 1c. 1a in the first five accounting years following the accounting year in which the employers sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, bonus shall be payable only in respect of the accounting year in which the employer derives profit from such establishment and such bonus shall be calculated in accordance with the provisions of this act in relation to that year, but without applying the provisions of section 15. 1b for the sixth and seventh accounting years following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 15 shall apply subject to the following modifications, namely: i for the sixth accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the 2 fourth schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth and sixth accounting years ii for the seventh accounting year set on or set off, as the case may be, shall be made in the manner illustrated in the 27 fourth schedule taking into account the excess or deficiency, if any, as the case may be, of the allocable surplus set on or set off in respect of the fifth, sixth and seventh accounting years. 1c from the eighth accounting year following the accounting year in which the employer sells the goods produced or manufactured by him or renders services, as the case may be, from such establishment, the provisions of section 15 shall apply in relation to such establishment as they apply in relation to any other establishment. explanation i.for the purpose of subsection 1, an establishment shall not be deemed to be newly set up merely by reason of a change in its location, management, name or ownership. explanation ii.for the purpose of subsection 1a, an employer shall not be deemed to be have derived profit in any accounting year unless a he has made provision for that years depreciation to which he is entitled under the incometax act or, as the case may be, under the agricultural incometax law and b the arrears of such depreciation and losses incurred by him in respect of the establishment for the previous accounting years have been fully set off against his profits. explanation iii.for the purposes of subsections 1a, 1b and 1c, sale of the goods produced or manufactured during the course of the trial running of any factory or of the prospecting stage of any mine or an oil field shall not be taken into consideration and where any question arises with regard to such production or manufacture, the decision of the appropriate government, made after giving the parties a reasonable opportunity of representing the case, shall be final and shall not be called in question by any court or other authority. 2 the provisions of 3 subsections 1, 1a, 1b and 1c shall, so far as may be, apply to new departments or undertakings or branches set up by existing establishments: provided that if an employer in relation to an existing establishment consisting of different departments or undertakings or branches whether or not in the same industry set up at different periods has, before the 29th may, , been paying bonus to the employees of all such departments or undertakings or branches irrespective of the date on which such departments or undertakings or branches were set up, on the basis of the consolidated profits computed in respect of all such departments or undertakings or branches, then, such employer shall be liable to pay bonus in accordance with the provisions of this act to the employees of all such departments or undertakings or branches whether set up before or after that date on the basis of the consolidated profits computed as aforesaid. 1. subs. by act 23 of , s. 12, for subsection 1 and the explanation thereto w.e.f. . 2. subs. by act 66 of , s. 10, for third schedule w.e.f. . 3. subs. by act 23 of , s. 12, for subsection 1 w.e.f. .

section 22. of the payment of bonus act : where any dispute arises between an employer and his employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in public sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 14 of , or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly.

section 18. of the payment of bonus act : where in any accounting year, an employee is found guilty of misconduct causing financial loss to the employer, then, it shall be lawful for the employer to deduct the amount of loss from the amount of bonus payable by him to the employee under this act in respect of that accounting year only and the employee shall be entitled to receive the balance, if any

section 20. of the payment of bonus act : 11 if in any accounting year an establishment in public sector sells any goods produced or manufactured by it or renders any services, in competition with an establishment in private sector, and the income from such sale or services or both is not less than twenty per cent. of the gross income of the establishment in public sector for that year, then, the provisions of this act shall apply in relation to such establishment in public sector as they apply in relation to a like establishment in private sector. 2 2 save as otherwise provided in subsection 1, nothing in this act shall apply to the employees employed by any establishment in public sector. 1. section 20 renumbered as subsection 1 thereof by act 66 of , s. 11 w.e.f. . 2. ins. by s. 11, ibid. w.e.f. .

section 21. of the payment of bonus act : where any money is due to an employee by way of bonus from his employer under a settlement or an award or agreement, the employee himself or any other person authorised by him in writing in this behalf, or in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government or such authority as the appropriate government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue: provided that every such application shall be made within one year from the date on which the money became due to the employee from the employer: provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate government is satisfied that the applicant had sufficient cause for not making the application within the said period. explanationin this section and in 1sections 22, 23, 24 and 25, employee includes a person who is entitled to the payment of bonus under this act but who is no longer in employment. 1. subs. by act 66 of , s. 12, for sections 22, 23 and 25 w.e.f. .

section 23. of the payment of bonus act : 1 where, during the course of proceedings before any arbitrator or tribunal under the industrial disputes act, 14 of , or under any corresponding law relating to investigation and settlement of industrial disputes in force in a state hereinafter in this section 1and in 3sections 24 and 25 referred to as the said authority to which any dispute of the nature specified in section 22 has been referred, the balancesheet and the profit and loss account of an employer, being a corporation or a company other than a banking company, duly audited by the comptroller and auditorgeneral of india or by auditors duly qualified to act as auditors of companies under subsection 1 of section 226 of the companies act, 1 of , are produced before it, then, the said authority may presume the statements and particulars contained in such balancesheet and profit and loss account to be accurate and it shall not be necessary for the corporation or the company to prove the accuracy of such statements and particulars by the filing of an affidavit or by any other mode: provided that where the said authority is satisfied that the statement and particulars contained in the balancesheet or the profit and loss account of the corporation or the company are not accurate, it may take such steps as it thinks necessary to find out the accuracy of such statements and particulars. 2 when an application is made to the said authority by any trade union being a party to the dispute or where there is no trade union, by the employees being a party to the dispute, requiring any clarification relating to any item in the balancesheet or the profit and loss account, it may, after satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may be, the company, to furnish to the trade union or the employees such clarification within such time as may be specified in the direction and the corporation or, as the case may be, the company, shall comply with such direction. 1. subs. by act 23 of , s. 16, for and in sections 24 and 25 w.e.f. . 2. subs. by act 66 of , s. 13, for section 25 w.e.f. .

section 24. of the payment of bonus act : 1 24. audited accounts of banking companies not to be questioned.1 where any dispute of the nature specified in section 22 between an employer, being a banking company, and its employees has been referred to the said authority under that section and during the course of proceedings the accounts of the banking company duly audited are produced before it, the said authority shall not permit any trade union or employees to question the correctness of such accounts, but the trade union or the employees may be permitted to obtain from the banking company such information as is necessary for verifying the amount of bonus due under this act. 2 nothing contained in subsection 1 shall enable the trade union on the employees to obtain any information which the banking company is not compelled to furnish under the provisions of section 34a of the banking regulation act, 10 of . 1. ins. by s. 14, ibid. w.e.f. .

section 25. of the payment of bonus act : 1 where any dispute of the nature specified in section 22 between an employer, not being a corporation or a company, and his employees has been referred to the said authority under that section and the ccounts of such employer audited by any auditor duly qualified to act as auditor of companies under subsection 1 of section 226 of the companies act, 1 of , are produced before the said authority, the provisions of section 23, shall, so far as may be, apply to the accounts so audited. 2 when the said authority finds that the accounts of such employer have not been audited by any such auditor and it is of opinion that an audit of the accounts of such employer is necessary for deciding the question referred to it, then, it may, by order, direct the employer to get his accounts audited within such time as may be specified in the direction or within such further time as it may allow by such auditor or auditors as it thinks fit and thereupon the employer shall comply with such direction. 3 where an employer fails to get the accounts audited under subsection 2 the said authority may, without prejudice to the provisions of section 28, get the accounts audited by such auditor or auditors as it thinks fit. 4 when the accounts are audited under subsection 2 or subsection 3 the provisions of section 23 shall, so far as may be, apply to the accounts so audited. 5 the expenses of, and incidental to, any audit under subsection 3 including the remuneration of the auditor or auditors shall be determined by the said authority which determination shall be final and paid by the employer and in default of such payment shall be recoverable from the employer in the manner provided in section 21.

section 30. of the payment of bonus act : 1 no court shall take cognizance of any offence punishable under this act, save on complaint made by or under the authority of the appropriate government 1or an officer of that government not below the rank of a regional labour commissioner in the case of an officer of the central government, and not below the rank of a labour commissioner in the case of an officer of the state government specially authorised in this behalf by that government. 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act. 1. ins. by act 66 of , s. 16 w.e.f. .

section 26. of the payment of bonus act : every employer shall prepare and maintain such registers, records and other documents in such form and in such manner as may be prescribed.

section 27. of the payment of bonus act : 1 the appropriate government may, by notification in the official gazette, appoint such person as it thinks fit to be inspectors for the purposes of this act and may define the limits within which they shall exercise jurisdiction. 2 an inspector appointed under subsection 1 may, for the purpose of ascertaining whether any of the provisions of this act has been complied with a require an employer to furnish such information as he may consider necessary b at any reasonable time and with such assistance, if any, as he thinks fit, enter any establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of salary of wage or bonus in the establishment c examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be or to have been an employee in the establishment d make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment e exercise such other powers as may be prescribed. 3 every inspector shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 4 any person required to produce any accounts, book, register or other documents or to give information by an inspector under subsection 1 shall be legally bound to do so. 1 5 nothing contained in this section shall enable an inspector to require a banking company to furnish or disclose any statement or information or to produce, or give inspection of, any of its books of account or other documents, which a banking company cannot be compelled to furnish, disclose, produce or give inspection of, under the provisions of section 34a of the banking regulation act, 10 of . 1. ins. by act 66 of , s. 15 w.e.f. .

section 31a. of the payment of bonus act : 131a. special provision with respect to payment of bonus linked with production or productivity.notwithstanding anything contained in this act, i where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the payment of bonus amendment act, 23 of , or ii where the employees enter into any agreement or settlement with their employer after such commencement, for payment of an annual bonus linked with production or productivity in lieu of bonus based on profits payable under this act, then, such employees shall be entitled to receive bonus due to them under such agreement or settlement, as the case may be: 2provided that any such agreement or settlement whereby the employees relinquish their right to receive the minimum bonus under section 10 shall be null and void in so far as it purports to deprive them of such right: 3 provided further that such employees shall not be entitled to be paid such bonus in excess of twenty per cent. of the salary or wage earned by them during the relevant accounting year 1. ins. by act 23 of , s. 19 w.e.f. . 2. ins. by act 66 of , s. 17 w.e.f. . 3. subs. by act 66 of , s. 17, for provided that w.e.f. .

section 28. of the payment of bonus act : if any person a contravenes any of the provisions of this act or any rule made thereunder or b to whom a direction is given or a requisition is made under this act fails to comply with the direction or requisition, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 29. of the payment of bonus act : 1 if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 31. of the payment of bonus act : no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government for anything which is in good faith done or intended to be done in pursuance of this act or any rule made thereunder.

section 32. of the payment of bonus act : nothing in this act shall apply to i 1 employees employed by any insurer carrying on general insurance business and the employees employed by the life insurance corporation of india ii seamen as defined in clause 42 of section 3 of the merchant shipping act, 44 of iii employees registered or listed under any scheme made under the dock workers regulation of employment act, 9 of , and employed by registered or listed employers iv employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the central government or a state government or a local authority v employees employed by a the indian red cross society or any other institution of a like nature including its branches b universities and other educational institutions c institutions including hospitals, chambers of commerce and social welfare institutions established not for purposes of profit 2 viii employees employed by the reserve bank of india ix employees employed by a the industrial finance corporation of india b any financial corporation established under section 3, or any joint financial corporation established under section 3a, of the state financial corporations act, 63 of c the deposit insurance corporation 4 d the national bank for agriculture and rural development e the unit trust of india f the industrial development bank of india 5 fa the small industries development bank of india established under section 3 of the small industries development bank of india act, 39 of 6 ff the national housing bank g any other financial institution 7 other than a banking company, being an establishment in public sector, which the central government may, by notification in the official gazette, specify, having regard to i its capital structure ii its objectives and the nature of its activities iii the nature and extent of financial assistance or any concession given to it by the government and iv any other relevant factor 8 xi employees employed by inland water transport establishments operating on routes passing through any other country. 1. the words in brackets shall stand omitted date to be notified by act 62 of , s. 41. 2. clause vi omitted by act 45 of , s. 4 w.e.f. . 3. clause vii omitted by act 66 of , s. 18 w.e.f. . 4. subs. by act 61 of , s. 61 and the second schedule, for subclause d w.e.f. . 5. ins. by act 39 of , s. 53 and the second schedule w.e.f. . 6. ins. by act 53 of , s. 56 and the second schedule w.e.f. . 7. ins. by act 66 of , s. 18 w.e.f. . 8. clause x omitted by act 23 of , s. 20 w.e.f. .

section 33.. of the payment of bonus act : act to apply to certain pending disputes regarding payment of bonus.rep. by the payment of bonus amendment act, 23 of , s. 23 w.e.f. .

section 34. of the payment of bonus act : 1 34. effect of laws and agreements inconsistent with the act.subject to the provisions of section 31a, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any award, agreement, settlement or contract of service. 1. subs. by s. 22, ibid., for section 34 w.e.f. .

section 39. of the payment of bonus act : save as otherwise expressly provided, the provisions of this act shall be in addition to and not in derogation of the industrial disputes act, 14 of , or any corresponding law relating to investigation and settlement of industrial disputes in force in a state.

section 40. of the payment of bonus act : 1 the payment of bonus ordinance, 3 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 29th may, .

section 36. of the payment of bonus act : if the appropriate government, having regard to the financial position and other relevant circumstances of any establishment or class of establishment, is of opinion that it will not be in public interest to apply all or any of the provisions of this act thereto, it may, by notification in the official gazette, exempt for such period as may be specified therein and subject to such conditions as it may think fit to impose, such establishment or class of establishments from all or any of the provisions of this act.

section 37.. of the payment of bonus act : power to remove difficulties.rep. by the payment of bonus amendment act, 23 of , s. 23 w.e.f. .

section 35. of the payment of bonus act : nothing contained in this act shall be deemed to affect the provisions of the coal mines provident fund and bonus schemes act, 46 of , or of any scheme made thereunder.

section 38. of the payment of bonus act : 1 1 the central government may, subject to the condition of previous publication, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the authority for granting permission under the proviso to subclause iii of clause 1 of section 2 b the preparation of registers, records and other documents and the form and manner in which such registers, records and documents may be maintained under section 26 c the powers which may be exercised by an inspector under clause e of subsection 2 of section 27 d any other matter which is to be, or may be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session 2 or in two or more successive sessions, and if before the expiry of the session 3 immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 1. subs. by act 6 of , s. 4, for subsection 1 w.e.f. . 2. subs. by act 23 of , s. 24, for or in two successive sessions w.e.f. . 3. subs. by s. 24, ibid., for in which it is so laid or the session immediately following w.e.f. .

section 8. of the goa daman and diu reorganisation act : on and from the appointed day, there shall be allotted two seats to the state of goa, and one seat to the union territory of daman and diu in the house of the people and the first schedule to the representation of the people act, 43 of shall be deemed to be amended accordingly.

section 1. of the goa daman and diu reorganisation act : this act may be called the goa, daman and diu reorganisation act, .

section 2. of the goa daman and diu reorganisation act : in this act, unless the context otherwise requires, a administrator means the administrator appointed by the president under article 239 b appointed day 1 means the day which the central government may, by notification, appoint c article means an article of the constitution d assembly constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of e election commission means the election commission appointed by the president under article 324 f existing union territory means the union territory of goa, daman and diu as existing immediately before the appointed day g law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having immediately before the appointed day, the force of law in the whole or any part of the existing union territory h notification means a notification published in the official gazette i population ratio, in relation to the state of goa and the union, means the ratio of 42: 3.25 j sitting member, in relation to the house of the people or of the legislative assembly of the existing union territory means a person who, immediately before the appointed day, is a member of that house or that assembly k treasury includes a subtreasury. 1 30th may, , vide notification no. s.o. 518e, dated 26th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the goa daman and diu reorganisation act : as soon as may be after the appointed day, election shall be held to fill the seat allotted in the council of states to the state of goa.

section 9. of the goa daman and diu reorganisation act : the whole of the union territory of daman and diu shall form one parliamentary constituency to be called the daman and diu parliamentary constituency and as soon as may be after the appointed day, election shall be held to the house of the people to elect a representative from that constituency, as if the seat of the member elected to the house of the people from that constituency has become vacant and the provisions of section 149 of the representation of the people act, 43 of shall, so far as may be, apply in relation to such election.

section 4. of the goa daman and diu reorganisation act : on and from the appointed day, there shall be formed a new union territory to be known as the union territory of daman and diu comprising the territories which, immediately before that day, were comprised in the daman and diu districts of the existing union territory.

section 3. of the goa daman and diu reorganisation act : on and from the appointed day, there shall be formed a new state to be known as the state of goa comprising the territories which immediately before that day were comprised in the goa district of the existing union territory.

section 10. of the goa daman and diu reorganisation act : on and from the appointed day, a the panaji parliamentary constituency, excluding the daman and diu assembly constituencies, and the mormugao parliamentary constituency in the existing union territory shall be deemed to be the parliamentary constituencies of the state of goa and accordingly, in part a of schedule xxvi to the delimitation of parliamentary and assembly constituencies order, , for the figures and words 12cumbarjua, 13santo andre, 29daman and 30diu, the figures and words 12 cumbarjua and 13santo andre shall be substituted b the daman and diu assembly constituencies in the existing union territory shall be deemed to comprise the parliamentary constituency of the union territory of daman and diu.

section 5. of the goa daman and diu reorganisation act : amendment of first schedule to the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 12. of the goa daman and diu reorganisation act : on and from the appointed day, the total number of seats in the legislative assembly of the state of goa to be filled by persons, chosen by direct election from assembly constituencies shall be forty and the second schedule to the representation of the people act 43 of , shall be deemed to be amended accordingly.

section 6. of the goa daman and diu reorganisation act : amendment of the fourth schedule to the constitution.rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 11. of the goa daman and diu reorganisation act : 1 the sitting member of the house of the people representing the panaji parliamentary constituency which, on the appointed day, by virtue of the provisions of clause a of section 10 stands altered and becomes a parliamentary constituency of the state of goa shall, as from that day, be deemed to have been duly elected to that house by that constituency as so altered. 2 the sitting member of the house of the people representing the mormugao parliamentary constituency which, on the appointed day, by virtue of the provisions of clause a of section 10 becomes a parliamentary constituency of the state of goa shall, as from that day, be deemed to have been duly elected to that house by that constituency in that state.

section 13. of the goa daman and diu reorganisation act : 1 notwithstanding anything contained in this act including provisions relating to the strength of the legislative assembly of the state of goa, on and from the appointed day and until the legislative assembly of that state has been duly constituted and summoned to meet for the first session, there shall be a provisional legislative assembly which shall consist of, a members elected by the territorial constituencies of the legislative assembly of the existing union territory, other than those members elected by the territorial constituencies of daman and diu and b members nominated to that assembly. 2 the period of five years referred to in clause 1 of article 172 shall, in the case of provisional legislative assembly referred to in subsection 1, be deemed to have commenced on the date on which the duration of the legislative assembly of the existing union territory commenced under section 5 of the government of union territories act, 20 of . 3 for so long as the provisional legislative assembly constituted under this section is in existence, a it shall be deemed to be the legislative assembly of the state of goa duly constituted under the constitution and shall be competent to discharge all the functions of a legislative assembly of a state under the constitution and b the members thereof, referred to in clause a of subsection 1, shall be deemed to be the members of the legislative assembly of the state of goa duly elected under the constitution.

section 14. of the goa daman and diu reorganisation act : amendment of delimitation orders.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 20. of the goa daman and diu reorganisation act : 1 on and from the appointed day, a there shall be a common high court for the states of maharashtra and goa, and for the union territories of dadra and nagar haveli, and daman and diu, to be called the high court of bombay hereinafter referred to as the common high court b the judges of the high court of bombay hereinafter referred to as the existing high court, holding office immediately before that day shall, unless they have elected otherwise, become, on that day, the judges of the common high court. 2 the expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated amongst the states of maharashtra and goa and the union in such proportion as the president may, by order, determine. 3 on and from the appointed day, the common high court shall have, in respect of the territories comprised in the states of maharashtra and goa and the union territories of dadra and nagar haveli and daman and diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of those territories by the high court of bombay.

section 15. of the goa daman and diu reorganisation act : the person who immediately before the appointed day is the speaker of the legislative assembly of the existing union territory shall, on and from that day, be the speaker of the provisional legislative assembly.

section 16. of the goa daman and diu reorganisation act : the rules of procedure and conduct of business of the legislative assembly of the existing union territory, as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the provisional legislative assembly referred to in section 13 subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 21. of the goa daman and diu reorganisation act : 1 on and from the appointed day, a in the advocates act, 43 of , in section 3, in subsection 1, for clause ccc, the following clause shall be substituted, namely: ccc for the states of maharashtra and goa and the union territories of dadra and nagar haveli and daman and diu, to be known as the bar council of maharashtra and goa b the bar council of maharashtra shall be deemed to be the bar council of maharashtra and goa with the advocategeneral of the state of goa also as an ex officio member. 2 any person who, immediately before the appointed day, is an advocate entitled to practice in the existing high court shall be entitled to practice as an advocate in the common high court. 3 all persons who, immediately before the appointed day, are advocates on the roll of the bar council of maharashtra, shall, as from that day, become advocates on the roll of the bar council of maharashtra and goa. 4 the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in existing high court provided that as between the advocatesgeneral of the states of maharashtra and goa, the right of audience shall be determined with reference to their dates of enrolment as advocates.

section 22. of the goa daman and diu reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the existing high court shall, with the necessary modifications, apply in relation to the common high court.

section 17. of the goa daman and diu reorganisation act : 1 the election commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the legislative assembly of the state of goa under section 12 to singlemember territorial constituencies and delimit them having regard to the provisions of the constitution and to the following provisions, namely: a all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and convenience to the public and b constituencies in which seats are reserved for the scheduled castes and the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 2 for the purpose of assisting it in the performance of its functions under subsection 1, the election commission shall associate with itself as associate members, a the sitting members of the house of the people referred to in section 11 and b such six of the members of the legislative assembly of the existing union territory or, as the case may be, the provisional legislative assembly referred to in section 13 as the speaker thereof may nominate: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 3 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled if practicable, in accordance with the provisions of subsection 2. 4 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 5 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the existing union territory or, as the case may be, the provisional legislative assembly referred to in section 13.

section 19. of the goa daman and diu reorganisation act : amendment of scheduled castes and scheduled tribes orders.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 18. of the goa daman and diu reorganisation act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistakes in any order made under section 17 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the legislative assembly of the existing union territory, the provisional legislative assembly referred to in section 13 or the legislative assembly of the state of goa, as the case may be.

section 26. of the goa daman and diu reorganisation act : 1 the principal seat of the common high court shall be at the same place at which the principal seat of the existing high court is located immediately before the appointed day. 2 the president may, by notified order, provide for the establishment of a permanent bench or benches of the common high court at one or more places within the territories to which the jurisdiction of the high court extends, other than the principal seat of the high court, and for any matters connected therewith: provided that before issuing any order under this subsection, the president shall consult the chief justice of the common high court, and the governor of the state in which the bench or benches is or are proposed to be established. 3 notwithstanding anything contained in subsection 1 or subsection 2, the judges and division courts of the common high court may also sit at such other place or places within the territories to which the jurisdiction of that high court extends as the chief justice of that high court may, with the approval of the governor of the state or the administrator of the union territory concerned, appoint.

section 23. of the goa daman and diu reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the existing high court shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court.

section 30. of the goa daman and diu reorganisation act : nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 25. of the goa daman and diu reorganisation act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the existing high court and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modification apply in relation to the common high court.

section 27. of the goa daman and diu reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the existing high court and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the common high court.

section 24. of the goa daman and diu reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the existing high court shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 29. of the goa daman and diu reorganisation act : 1 for the purposes of section 28, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge. 2 any person who, immediately before the appointed day, is an advocate entitled to practice in the existing high court and was authorised to appear or to act in any proceedings transferred from that high court to the common high court under section 28 shall have the right to appear or to act, as the case may be, in the common high court in relation to those proceedings.

section 28. of the goa daman and diu reorganisation act : 1 all proceedings pending in the existing high court immediately before the appointed day shall, from such day, stand transferred to the common high court. 2 every proceeding transferred under subsection 1 shall be disposed of by the common high court as if such proceeding was entertained by that high court.

section 32. of the goa daman and diu reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in section 49 of the government of union territories act, 20 of , relating to the accounts of the existing union territory in respect of any period prior to the appointed day, shall be submitted to the governor of the state of goa and the president who shall cause them to be laid before the legislative assembly of that state or the house of the people, as the case may be. 2 the governor may, by order, a declare any expenditure incurred out of the consolidated fund of the existing union territory on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the report referred to in subsection 1 to have been duly authorised and b provide for any action to be taken on any matter arising out of the said reports.

section 31. of the goa daman and diu reorganisation act : 1 the president may, at any time before the appointed day, authorise by order such expenditure from the consolidated fund of the state of goa as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of goa: provided that the governor of goa may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of goa for any period not extending beyond the said period of six months. 2 the president or, as the case may be, the governor of goa shall make separate orders under subsection 1 in respect of periods falling in different financial years. 3 the president may, at any time, before or after the appointed day, authorise by order such expenditure from the consolidated fund of india as he deems necessary for a period of not more than six months beginning with the appointed day for the administration of the affairs of the union territory of daman and diu pending the sanction of such expenditure by parliament.

section 33. of the goa daman and diu reorganisation act : the president shall, by order, determine the grantsinaid of the revenues of the state of goa and the share of that state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the additional duties of excise goods of special importance act, 58 of , the union duties of excise distribution act, 24 of , the estate duty distribution act, 9 of and the construction distribution of revenues order, in such manner as he thinks fit.

section 34. of the goa daman and diu reorganisation act : in this part union purposes means the purposes of government relatable to any of the matters mentioned in list i in the seventh schedule to the constitution.

section 35. of the goa daman and diu reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods held immediately before the appointed day, by the union for the purposes of the governance of the existing union territory, shall, on and from that day, pass to the state of goa, unless any such land, stores, articles or goods are situate in the districts of daman and diu of the existing union territory or are held for union purposes: provided that where the central government is of the opinion that any goods or class of goods should be distributed otherwise than according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods. 2 the stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall be retained by the union if such institution, workshop, undertaking or work is situated in the districts of daman and diu of the existing union territory. 3 in this section, the expression land includes immovable property of every kind and any rights in or over such property.

section 36. of the goa daman and diu reorganisation act : the total of the cash balances in all treasuries, the reserve bank of india, the state bank of india and any nationalised bank, of the existing union territory immediately before the appointed day shall be divided between the state of goa and the union according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the balances in the books of the reserve bank of india. explanation.in this section, balance includes a debit balance.

section 41. of the goa daman and diu reorganisation act : the liability of the union to refund a any tax or duty on property, including land revenue collected in excess shall go to the state of goa if the property is situated in the district of goa of the existing union territory b any other tax or duty collected in excess shall go to the state of goa if the place of assessment of that tax or duty is included in the district of goa of the existing union territory.

section 37. of the goa daman and diu reorganisation act : 1 the right to recover arrears of any tax or duty including arrears of land revenue on any property situated in the district of goa of the existing union territory shall belong to the state of goa. 2 the right to recover arrears of any tax or duty, other than a tax or duty specified in subsection 1, shall belong to the state of goa if the place of assessment of that tax or duty is included in the district of goa of the existing union territory.

section 39., to certain corporate bodies. of the goa daman and diu reorganisation act : where any body corporate constituted under a central act or a state act for the existing union territory, or any part thereof, has, by virtue of the provisions of part ii, become an interstate body corporate, the investments in, or loans or advances to any such body by the union made before the appointed day shall be divided between the state of goa and the union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the central government may, by order, direct.

section 40. of the goa daman and diu reorganisation act : the assets and liabilities relating to any commercial undertaking of the existing union territory shall, a if the undertaking is located in the district of goa of the existing union territory, pass to the state of goa b if the undertaking is located in the district of goa, as well as the districts of daman and diu, of the existing union territory, be divided in such manner as may be agreed upon between the state of goa and the union before the expiration of one year from the appointed day, or in default of such agreement, as the central government may, by order, direct.

section 38. of the goa daman and diu reorganisation act : the right to recover any loans or advances made by the union before the appointed day to any local body, society, agriculturist or other person in the district of goa of the existing union territory shall belong to the state of goa: provided that right to recover loans or advances of pay and travelling allowance to a government servant made before the appointed day by the administrator shall pass to the state of goa if such government servant is allotted to that state.

section 42. of the goa daman and diu reorganisation act : the liability of the union in respect of any civil deposit or local fund shall, on and from the appointed day, be the liability of the state of goa, if the deposit has been made in the district of goa of the existing union territory.

section 46. of the goa daman and diu reorganisation act : where, immediately before the appointed day, the union in connection with the governance of the existing union territory is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall, a if the cause of action arose wholly within the district of goa of the existing union territory, be a liability of the state of goa and b in any other case, be initially a liability of the state of goa but subject to such financial adjustments as may be agreed upon between the state of goa and the union, or in default of such agreement, as the central government may, by order, direct.

section 43. of the goa daman and diu reorganisation act : 1 the liability of the union in respect of the provident fund account of a government servant employed in connection with the administration of the existing union territory and in service on the appointed day shall, on and from that day, be the liability of the state of goa if that government servant is permanently allotted to that state. 2 the liability of the union in respect of the provident fund account of a government servant employed in connection with the administration of the existing union territory who has retired from service before the appointed day shall be the liability of the state of goa in the first instance and shall be adjusted between the state of goa and the union according to the population ratio.

section 44. of the goa daman and diu reorganisation act : 1 subject to the adjustments mentioned in subsection 4, the state of goa shall, in respect of pensions granted before the appointed day by the administrator, pay the pensions drawn in the treasuries in the goa district of the existing union territory. 2 subject to the adjustments mentioned in subsection 4, the liability in respect of pensions of government servants employed in connection with the affairs of the existing union territory who retire or proceed on leave preparatory to retirement before the appointed day but whose claims for pensions are outstanding immediately before that day, shall be the liability of the state of goa. 3 the liability of the union in respect of pensions granted before the appointed day by the administrator and drawn in any treasury outside the existing union territory shall be the liability of the state of goa subject to adjustments to be made in accordance with subsection 4, as if such pensions had been drawn in the treasuries referred to in subsection 1. 4 in respect of the period commencing on the appointed day and ending on the 31st day of march, , and in respect of each subsequent financial year, the total payments made by the state of goa in respect of pensions referred to in subsection 1 and subsection 2 shall be apportioned between the state of goa and the union in the population ratio. 5 the liability in respect of the pension of any government servant employed immediately before the appointed day in connection with the affairs of the existing union territory and retiring on or after that day, shall be that of the state of goa or the union, as the case may be, but the portion of the pension in respect of the period of service of any such government servant before the appointed day shall be apportioned between the state of goa and the union in the population ratio. 6 any reference in this section to a pension shall be construed as including a reference to the commuted value of the pension.

section 45. of the goa daman and diu reorganisation act : 1 where before the appointed day, the union has made any contract in the exercise of its executive power for any purposes of the existing union territory that contract shall be deemed to have been made in the exercise of the executive power of the state of goa, a if the purposes of the contract are, on and from the appointed day, exclusively purposes of that state and b if the purposes of the contract are, on and from that day, not exclusively purposes of any area in the districts of daman and diu of the existing union territory, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the union, be rights or liabilities of the state of goa: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustments as may be agreed upon between the state of goa and the union or in default of such agreement, as the central government may, by order, direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in, or in connection with, any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations.

section 47. of the goa daman and diu reorganisation act : where, immediately before the appointed day, the union in connection with the governance of the existing union territory is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the union shall be a liability of the state of goa a if the area of the operations of such society or person is limited to the territories in the district of goa of the existing union territory and b if the area of the operations of such society or person extends to the whole of the existing union territory: provided that in any such case as is referred to in clause b, the initial allocation of liabilities under this section shall be subject to such financial adjustments as may be agreed upon between the state of goa and the union or in default of such agreement, as the central government may, by order, direct.

section 48. of the goa daman and diu reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 54. of the goa daman and diu reorganisation act : 1 where any body corporate constituted under any central act, state act or provincial act for the existing union territory or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government until other provision is made by law in respect of the said body corporate. 2 any direction issued by the central government under subsection 1 in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direction.

section 49. of the goa daman and diu reorganisation act : the benefit or burden of any assets or liabilities of the union in connection with the governance of the existing union territory not dealt with in the foregoing provisions of this part shall be retained by the union for the purposes of the governance of the union territory of daman and diu.

section 56. of the goa daman and diu reorganisation act : where, by virtue of the provisions of part ii, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such cooperative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other cooperative society or undertaking, then, notwithstanding anything contained in section 25f, section 25ff or section 25fff, of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment and b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman transferred or reemployed, is by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f, section 25ff or section 25fff of the industrial disputes act, 14 of , on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 51. of the goa daman and diu reorganisation act : where, by virtue of any of the provisions of this part, the union becomes entitled to any property or obtains any benefits or the state of goa becomes subject to any liability, and the central government is of opinion on a reference made within a period of three years from the appointed day by the state of goa that it is just and equitable that that property or those benefits should be transferred to, or shared with, the state of goa or that a contribution towards that liability should be made by the union the said property or benefits shall be allocated in such manner, or the union shall make to the state of goa such contribution in respect thereof, as the central government may, after consultation with the government of the state of goa by order, determine.

section 50. of the goa daman and diu reorganisation act : where the state of goa and the union agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 53. of the goa daman and diu reorganisation act : notwithstanding anything contained in section 22 of the banking regulation act, 10 of , where by virtue of the provisions of part ii, a cooperative bank is newly formed on the appointed day or within three months thereof in the state of goa or the union territory of daman and diu, it may commence and conduct banking business without obtaining a licence under that section from the reserve bank of india, until it is granted such a licence or until it is informed by the reserve bank of india that such a licence cannot be granted to it: provided that such bank applies to the reserve bank of india for such a licence within a period of three months from the date of formation of the bank.

section 52. of the goa daman and diu reorganisation act : where any arrangement in regard to the supply of electric power or the supply of water for any area in the districts of daman and diu of the existing union territory or in regard to the execution of any project for such supply from an area included in the state of goa by the provisions of part ii exists, such arrangement will be continued, unless terminated by agreement, between the state of goa and the union in accordance with such terms and conditions as may be mutually agreed upon by the state government of goa and the union within a period of one year from the appointed day, and, where no such agreement is arrived at within such period, the central government may give such directions as it deems fit to that state government or the authority concerned for the continuance, so far as is practicable, of the previous arrangement.

section 55. of the goa daman and diu reorganisation act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted in the existing union territory shall, if such permit was immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area up to the 31st day of march,, subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any state or regional transport authority for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state government of goa add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no toll, entrance fees or other charges of a like nature shall be levied for a period up to and inclusive of the 31st day of march, , in respect of any transport vehicle for its operations in either the state of goa or the union territory of daman and diu under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for its operations within the existing union territory: provided that the central government may, after consultation with the state government of goa authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 59. of the goa daman and diu reorganisation act : 1 in this section, the expression state cadre, a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, , and c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 the strength and composition of the state cadre of goa shall, on and from the appointed day, be such as is determined by the central government in consultation with the state government. 3 the members of each of the said services borne on the union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the union territory in which they stand allocated before the appointed day. 4 nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the all india services act, 61 of , or the rules made thereunder, in relation to the state cadres of the said services and in relation to the members of those services borne on the said cadres.

section 57. of the goa daman and diu reorganisation act : where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the incometax act, 43 of shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 58. of the goa daman and diu reorganisation act : on and from the appointed day, the government of goa shall, in respect of the technical institutions located in the state of goa continue to provide facilities to the persons resident in the territories comprising the union territory of daman and diu which shall not in any respect be less favourable than those which were being provided to them immediately before that day upon such terms and conditions including those relating to any contribution or payment to be made for the provisions of such facilities as may be agreed upon between the state of goa and the union before the 1st day of april, , or if no such agreement is reached by the said date, as may be fixed by the order of the central government.

section 60. of the goa daman and diu reorganisation act : 1 every person employed in connection with the affairs of the union territory or the state of goa and serving, immediately before the appointed day, in the district of goa of the existing union territory shall, on and from that day, a continue to serve in connection with the affairs of the state of goa and b be deemed to be provisionally allotted to serve in connection with the affairs of the said state: provided that nothing in clause b shall apply to a person to whom the provisions of section 59 apply or to a person on deputation from any state. 2 as soon as may be after the appointed day, the central government shall by general or special order, determine whether every person referred to in clause b of subsection 1 shall be finally allotted for service in the state of goa or under the union in connection with the affairs of the union territory of daman and diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to the state of goa or the union shall, if he is not already serving therein or thereunder be made available for serving in that state or under the union from such date as may be agreed upon between the state of goa and the union or in default of such agreement, as may be determined by the central government. 4 as soon as may be after the central government passes orders finally allotting an employee in terms of subsection 2, the state of goa or the union shall take steps to integrate him into the services under its control in accordance with such special or general orders or instructions as may be issued by the central government from time to time in this behalf. 5 the central government may, by order establish one or more advisory committees for the purpose of assisting it in regard to a the division of the services between the state of goa and the union and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons: provided that notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall be against any order passed by the competent authority on matters arising out of the division and integration of services under this act, on the expiry of three months from the date of publication or service, whichever is earlier, of such order: provided further that, notwithstanding anything contained in the preceding proviso, the central government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee. 6 nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of goa or the union: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in subsection 1 or subsection 2 shall not be varied to his disadvantage except with the previous approval of the central government. 7 all service prior to the appointed day rendered by a person allotted under subsection 2 in connection with the affairs of the existing union territory shall for purposes of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the state or the union to which he is finally allotted. 8 the provisions of this section other than clause a of subsection 1 shall not apply in relation to any person to whom the provisions of section 59 apply.

section 61. of the goa daman and diu reorganisation act : every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing union territory shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed on the same terms and conditions of appointment and on the same tenure to that post or office by the government of, or the other appropriate authority, in the state of goa or of the union, as the case may be: provided that nothing in this section shall be deemed to prevent a competent authority, on or after the appointed day, from passing in relation to such person, any order affecting his continuance in such post or office.

section 63. of the goa daman and diu reorganisation act : amendment of certain articles.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 68. of the goa daman and diu reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 67 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of goa, or the union territory of daman and diu construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 65. of the goa daman and diu reorganisation act : amendment of act 20 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 64. of the goa daman and diu reorganisation act : amendment of act 37 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 66. of the goa daman and diu reorganisation act : the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and the territorial references in any such law to the existing union territory shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within the existing union territory before the appointed day.

section 62. of the goa daman and diu reorganisation act : the central government may give such directions to the state government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the said government shall comply with such directions.

section 70. of the goa daman and diu reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 67. of the goa daman and diu reorganisation act : for the purpose of facilitating the application in relation to the state of goa or the union territory of daman and diu of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation. in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government, and as respects any other law, i in its application to the state of goa, the state government, and ii in its application to the union territory of daman and diu, the central government.

section 72. of the goa daman and diu reorganisation act : 1 the central government may, by notification, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 69. of the goa daman and diu reorganisation act : all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory or any part thereof immediately before the appointed day shall unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions.

section 71. of the goa daman and diu reorganisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of three years from the appointed day. 2 every order made under this section shall be laid before each house of parliament.

section 7a. of the advocates act : 17a. membership in international bodies. the bar council of india may become a member of international legal bodies such as the international bar association or the international legal aid association, contribute such sums as it thinks fit to such bodies by way of subscription or otherwise and authorise expenditure on the participation of its representatives in any international legal conference or seminar. 1. ins. by act 60 of , s. 8 w.e.f. .

section 7. of the advocates act : show related subordinates 11 the functions of the bar council of india shall be 2 b to lay down standards of professional conduct and etiquette for advocates c to lay down the procedure to be followed by its disciplinary committee and the disciplinary committee of each state bar council d to safeguard the rights, privileges and interests of advocates e to promote and support law reform f to deal with and dispose of any matter arising under this act, which may be referred to it by a state bar council g to exercise general supervision and control over state bar councils h to promote legal education and to lay down standards of such education in consultation with the universities in india imparting such education and the state bar councils i to recognise universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect universities 3or cause the state bar councils to visit and inspect universities in accordance with such directions as it may give in this behalf 4ia to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest ib to organise legal aid to the poor in the prescribed manner ic to recognise on a reciprocal basis foreign qualifications in law obtained outside india for the purpose of admission as an advocate under this act j to manage and invest the funds of the bar council k to provide for the election of its members l to perform all other functions conferred on it by or under this act m to do all other things necessary for discharging the aforesaid functions. 42 the bar council of india may constitute one or more funds in the prescribed manner for the purpose of a giving financial assistance to organise welfare schemes for indigent, disabled or other advocates b giving legal aid or advice in accordance with the rules made in this behalf. 5c establishing law libraries. 3 the bar council of india may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in subsection 2 which shall be credited to the appropriate fund or funds constituted under that subsection. 1. section 7 renumbered as subsection 1 of that section by act 60 of , s. 7 w.e.f. . 2. clause a omitted by s. 7, ibid. w.e.f. . 3. added by act 70 of , s. 3 w.e.f. . 4. ins. by act 60 of , s. 7 w.e.f. . 5. ins. by act 70 of , s. 3 w.e.f. .

section 1. of the advocates act : show related subordinates 1 this act may be called the advocates act, . 12 it extends to the whole of india. 3 it 2shall, in relation to the territories other than those referred to in subsection 4, come into force on such date3 as the central government may, by notification in the official gazette, appoint, and different dates3 may be appointed for different provisions of this act. 44 this act shall, in relation to the state of jammu and kashmir5 and the union territory of goa, daman and diu, come into force on such date as the central government may, by notification in the official gazette, appoint in this behalf, and different dates may be appointed for different provisions of this act. 1. subs. by act 60 of , s. 2, for subsection 2 w.e.f. . 2. subs. by s. 2, ibid., for shall come into force w.e.f. . 3. the provisions of the act have been brought into force as under: 16th august, , vide notification no. s.o. , dated 7th september, , in respect of chapter i , ii and vii, see gazette of india, extraordinary, part ii, sec. 3ii. 1st december, , vide notification no. s.o. , dated 24th november, , in respect of chapter iii and s. 502, see gazette of india, extraordinary, part ii, sec. 3ii. 15th december, ,vide notification no. s.o. , dated 13th december, , in respect of s. 501, see gazette of india, extraordinary, part ii, sec. 3ii. 24th january, ,vide notification no. s.o. 297, dated 24th january , in respect of ss. 51 and 52, see gazette of india, extraordinary, part ii, sec. 3ii. 29th march, , vide notification no. s.o. 958, dated 29th march , in respect of s. 46, see gazette of india, extraordinary, part ii, sec. ii. 4th january, , vide notification no. s.o. 50, dated 4th january , in respect of s. 32 and chapter vi except s. 46, subsections 1 and 2 of s. 50, ss. 51 and 52, see gazette of india, extraordinary, part ii, sec. 3ii. 1st september, , vide notification no. s.o. , dated 31st august, , in respect of chapter v, see gazette of india, extraordinary, part ii, sec. 3ii. 10th june, , vide notification no. s.o. 63, dated 7th june , in respect of chapters i, ii, iii, section 32 of chapter iv and chapters v, vi, vii and viii in the union territory of pondicherry, see gazette of india, extraordinary, part ii, sec. 3ii. 1st june, , vide notification no. s.o. , dated 5th april, , in respect of ss. 29, 31, 33 and 34 of chapter iv, see gazette of india, extraordinary, part ii, sec. 3ii. 1st june, , vide notification no. g.s.r. 84e, dated 21st february , except section 30 in respect of the union territory of goa, daman and diu, see gazette of india, extraordinary, part ii, sec. 3i. 15th june, , vide notification no. s.o. e, dated 9th june, , in respect of section 30, see gazette of india, extraordinary, part ii, sec. 3i. 4. ins. by act 60 of , s. 2 w.e.f. . 5. 1st august , vide notification no. g.s.r. 946 e, dated 15th july , except section 30, in respect of the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the advocates act : every bar council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may be the name by which it is known sue and be sued.

section 8. of the advocates act : 18. term of office of members of state bar council. the term of office of an elected member of a state bar council other than an elected member thereof referred to in section 54 shall be five years from the date of publication of the result of his election: provided that where a state bar council fails to provide for the election of its members before the expiry of the said term, the bar council of india may, by order, for reasons to be recorded in writing, extend the said term for a period not exceeding six months. 1. subs. by act 70 of , s. 4, for section 8 w.e.f. .

section 6. of the advocates act : 1 the functions of a state bar council shall be a to admit persons as advocates on its roll b to prepare and maintain such roll c to entertain and determine cases of misconduct against advocates on its roll d to safeguard the rights, privileges and interests of advocates on its roll 1dd to promote the growth of bar associations for the purposes of effective implementation of the welfare schemes referred to in clause a of subsection 2 of this section and clause a of subsection 2 of section 7 e to promote and support law reform 2ee to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest eee to organise legal aid to the poor in the prescribed manner f to manage and invest the funds of the bar council g to provide for the election of its members 1gg to visit and inspect universities in accordance with the directions given under clause i of subsection 1 of section 7 h to perform all other functions conferred on it by or under this act i to do all other things necessary for discharging the aforesaid functions. 32 a state bar council may constitute one or more funds in the prescribed manner for the purpose of of a giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates b giving legal aid or advice in accordance with the rules made in this behalf 1c establishing law libraries. 3 a state bar council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in subsection 2 which shall be credited to the appropriate fund or funds constituted under that subsection. 1. ins. by act 70 of , s. 2 w.e.f. . 2. ins. by act 60 of , s. 6 w.e.f. . 3. subs. by s. 6, ibid., for subsection 2 w.e.f. .

section 4. of the advocates act : show related subordinates 1 there shall be a bar council for the territories to which this act extends to be known as the bar council of india which shall consist of the following members, namely: a the attorneygeneral of india, ex officio b the solicitorgeneral of india, ex officio 1 c one member elected by each state bar council from amongst its members. 21a no person shall be eligible for being elected as a member of the bar council of india unless he possesses the qualifications specified in the proviso to subsection 2 of section 3. 32 there shall be a chairman and a vicechairman of the bar council of india elected by the council in such manner as may be prescribed. 2a a person holding office as chairman or as vicechairman of the bar council of india immediately before the commencement of the advocates amendment act, 38 of , shall, on such commencement, cease to hold office as chairman or vicechairman, as the case may be: provided that such person shall continue to carry on the duties of his office until the chairman or the vicechairman, as the case may be, of the council, elected after the commencement of the advocates amendment act, 38 of , assumes charge of the office. 43 the term of office of a member of the bar council of india elected by the state bar council shall, i in the case of a member of a state bar council who holds office ex officio, be two years from the date of his election 5or till he ceases to be a member of the state bar council, whichever is earlier and ii in any other case, be for the period for which he holds office as a member of the state bar council: provided that every such member shall continue to hold office as a member of the bar council of india until his successor is elected. 1. clause bb omitted by act 38 of , s. 3 w.e.f. . 2. ins. by act 60 of , s. 5 w.e.f. . 3. subs. by act 38 of , s. 3, for subsections 2 and 2a w.e.f. . 4. ins. by act 21 of , s. 3 w.e.f. . 5. ins. by act 60 of , s. 5 w.e.f. .

section 9. of the advocates act : show related subordinates 19. disciplinary committees. 1 a bar council shall constitute one or more disciplinary committees, each of which shall consist of three persons of whom two shall be persons elected by the council from amongst its members and the other shall be a person coopted by the council from amongst advocates who possess the qualifications specified in the proviso to subsection 2 of section 3 and who are not members of the council, and the seniormost advocate amongst the members of a disciplinary committee shall be the chairman thereof. 2 notwithstanding anything contained in subsection 1, any disciplinary committee constituted prior to the commencement of the advocates amendment act, 21 of may dispose of the proceedings pending before it as if this section had not been amended by the said act. 1. subs. by act 21 of , s. 5, for section 9 w.e.f. .

section 9a. of the advocates act : show related subordinates 19a. constitution of legal aid committees 1 a bar council may constitute one or more legal aid committees each of which shall consist of such number of members, not exceeding nine but not less than five, as may be prescribed. 2 the qualifications, the method of selection and the term of office of the members of a legal aid committee shall be such as may be prescribed. 1. ins. by act 60 of , s. 9 w.e.f. .

section 2. of the advocates act : 11 in this act, unless the context otherwise requires, a advocate means an advocate entered in any roll under the provisions of this act b appointed day, in relation to any provision of this act, means the day on which that provision comes into force 2 d bar council means a bar council constituted under this act e bar council of india means the bar council constituted under section 4 for the territories to which this act extends 3 g high court, except in subsection 1 4and subsection 1a of section 34 and in sections 42 and 43, does not include a court of the judicial commissioner, and, in relation to a state bar council, means, i in the case of a bar council constituted for a state or for a state and one or more union territories, the high court for the state ii in the case of the bar council constituted for delhi, 5the high court of delhi h law graduate means a person who has obtained a bachelors degree in law from any university established by law in india i legal practitioner means an advocate 6or vakil of any high court, a pleader, mukhtar or revenue agent j prescribed means prescribed by rules made under this act k roll means a roll of advocates prepared and maintained under this act l state does not include a union territory m state bar council means a bar council constituted under section 3 n state roll means a roll of advocates prepared and maintained by a state bar council under section 17. 42 any reference in this act to a law which is not in force 7 in the union territory of goa, daman and diu, shall, in relation to 8 that territory, be construed as a reference to the corresponding law, if any, in force in that state or that territory, as the case may be. 1. section 2 renumbered as subsection 1 of that section by act 60 of , s. 3 w.e.f. . 2. clause c omitted by act 107 of , s. 2 w.e.f. . 3. clause f omitted by act 60 of , s. 3 w.e.f. . 4. ins. by s. 3, ibid. w.e.f. . 5. subs. by s. 3, ibid., for the high court of punjab w.e.f. 31 . 6. subs. by act 107 of , s. 2, for vakil or attorney w.e.f. . 7. the words in the state of jammu and kashmir or omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 8. the words that state or omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 10. of the advocates act : show related subordinates 1 a state bar council shall constitute the following standing committees, namely: a an executive committee consisting of five members elected by the council from amongst its members b an enrolment committee consisting of three members elected by the council from amongst its members. 2 the bar council of india shall constitute the following standing committees, namely: a an executive committee consisting of nine members elected by the council from amongst its members b a legal education committee consisting of ten members, of whom five shall be persons elected by the council from amongst its members and five shall be persons co opted by the council who are not members thereof. 3 a state bar council and the bar council of india may constitute from amongst its members such other committees as it may deem necessary for the purpose of carrying out the provisions of this act.

section 10a. of the advocates act : 110a. transaction of business by bar councils and committees thereof. 21 the bar council of india shall meet at new delhi or at such other place as it may, for reasons to be recorded in writing, determine. 2 a state bar council shall meet at its headquarters or at such other place as it may, for reasons to be recorded in writing, determine. 3 the committees other than disciplinary committees constituted by the bar councils shall meet at the headquarters of the respective bar councils. 4 every bar council and every committee thereof except the disciplinary committees shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. 5 the disciplinary committees constituted under section 9 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at their meetings as may be prescribed. 1. ins. by s. 10, ibid. w.e.f. . 2. subs. by act 70 of , s. 5, for subsections 1 and 2 w.e.f. .

section 3. of the advocates act : show related subordinates 1 there shall be a bar council a for each of the states of andhra pradesh, bihar, gujarat, 1jammu and kashmir, 2jharkhand, 3madhya pradesh and chhattisgarh, 4, 5, 6karnataka, orissa, 7rajasthan, telangana 8uttar pradesh, 9uttaranchal, meghalya, manipur and tripura to be known as the bar council of that state 10b for the states of arunachal pradesh, assam, mizoram and nagaland to be known as the bar council of arunachal pradesh, assam, mizoram and nagaland c for the state of kerala and the union territory of 11lakshadweep to be known as the bar council of kerala 12cc for the 13state of tamil nadu and the union territory of pondicherry to be known as the bar council of madras 14ccc for the states of maharashtra and goa and the union territories of dadra and nagar haveli and and daman and diu, to be known as the bar council of maharashtra and goa 15d for the states of punjab and haryana and the union territory of chandigarh, to be known as the bar council of punjab and haryana dd for the state of himachal pradesh, to be known as the bar council of himachal pradesh e for the state of west bengal and the 16union territory of andaman and nicobar islands, to be known as the bar council of west bengal and f for the union territory of delhi, to be known as the bar council of delhi. 2 a state bar council shall consist of the following members, namely: a in the case of the state bar council of delhi, the additional solicitorgeneral of india, ex officio 1718in the case of the state bar councils of assam, arunachal pradesh, mizoram and nagaland, the advocategeneral of each of the states of assam, arunachal pradesh , mizoram and nagaland ex officio in the case of the state bar council of punjab and haryana, the advocategeneral of each of the states of punjab and haryana, ex officio and in the case of any other state bar council, the advocategeneral of the state, ex officio 19b in the case of a state bar council with an electorate not exceeding five thousand, fifteen members, in the case of a state bar council with an electorate exceeding five thousand but not exceeding ten thousand, twenty members, and in the case of a state bar council with an electorate exceeding ten thousand, twentyfive members, elected in accordance with the system of proportional representation by means of the single transferable vote from amongst advocates on the electoral roll of the state bar council: 20provided that as nearly as possible onehalf of such elected members shall, subject to any rules that may be made in this behalf by the bar council of india, be persons who have for at least ten years been advocates on a state roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the indian bar councils act, 38 of . 213 there shall be a chairman and a vicechairman of each state bar council elected by the council in such manner as may be prescribed. 3a every person holding office as chairman or as vicechairman of any state bar council immediately before the commencement of the advocates amendment act, 38 of , shall, on such commencement, cease to hold office as chairman or vicechairman, as the case may be: provided that every such person shall continue to carry on the duties of his office until the chairman or the vicechairman, as the case may be, of each state bar council, elected after the commencement of the advocates amendment act, 38 of , assumes charges of the office. 214 an advocate shall be disqualified from voting at an election under subsection 2 or for being chosen as, and for being, a member of a state bar council, unless he possesses such qualifications or satisfies such conditions as may be prescribed in this behalf by the bar council of india, and subject to any such rules that may be made, an electoral roll shall be prepared and revised from time to time by each state bar council. 5 nothing in the proviso to subsection 2 shall affect the term of office of any member elected before the commencement of the advocates amendment act, 21 of , but every election after such commencement shall be held in accordance with the provisions of the rules made by the bar council of india to give effect to the said proviso. 226 nothing in clause b of subsection 2 shall affect the representation of elected members in any state bar council as constituted immediately before the commencement of the advocates amendment act, 60 of , until that state bar council is reconstituted in accordance with the provisions of this act. 1. ins. by act 60 of , s. 4 w.e.f. . 2. ins. by act 30 of , s. 28 w.e.f. . 3. subs. by act 28 of , s.24, for and madhya pradesh w.e.f. . 4. the word madras omitted by act 26 of , s. 3 and sch. 4. 5. the word maharashtra omitted by reg. 8 of , s. 12 w.e.f. . 6. subs. by the mysore state alteration of name adaptation of laws on union subjects order, , for mysore w.e.f. . 7. subs. by act 6 of , s. 34, for rajasthan, uttar pradesh w.e.f. .br 8. subs. by act 29 of , s. 29, for and uttar pradesh w.e.f. . 9. subs. by act 26 of , s. 9, for and uttaranchal w.e.f. . 10. subs. by acts 26 of , s. 9, for clause b w.e.f .. 11. subs. by the laccadive, minicoy and amindivi islands alteration of name act, 34 of , s. 5, for the laccadive, minicoy and amindivi islands w.e.f. . 12. ins. by act 26 of , s. 3 and the sch. 13. subs. by the madras state alteration of name adaptation of laws on union subjects order, , for state of madras w.e.f. 14 . 14. subs. by act 18 of , s. 21, for clause ccc w.e.f. . 15. subs. by act 53 of , s. 24, for clause d w.e.f. . 16. subs. by act 81 of , s. 34, for union territories of tripura and the andaman and nicobar islands w.e.f. . 17. ins. by act 60 of , s. 4 w.e.f. . 18. subs. by act 26 of , s. 9, for in the case of the state bar council of assam, nagaland, meghalaya, manipur and tripura, the advocategeneral of each of the states of assam, manipur, meghalaya, nagaland and tripura w.e.f. . 19. subs. by act 60 of , s. 4, for clause b w.e.f. . 20. ins. by act 21 of , s. 2 w.e.f. . 21. subs. by act 38 of , s. 2, for subsections 3 and 3a w.e.f. . 22. ins. by act 60 of , s. 4 w.e.f. .

section 8a. of the advocates act : 18a. constitution of special committee in the absence of election. 1 where a state bar council fails to provide for the election of its members before the expiry of the term of five years or the extended term, as the case may be, referred to in section 8, the bar council of india shall, on and from the date immediately following the day of such expiry, constitute a special committee consisting of i the ex officio member of the state bar council referred to in clause a of subsection 2 of section 3 to be the chairman: provided that where there are more than one ex officio members, the senior most amongst them shall be the chairman and ii two members to be nominated by the bar council of india from amongst advocates on the electoral roll of the state bar council, to discharge the functions of the state bar council until the bar council is constituted under this act. 2 on the constitution of the special committee and until the state bar council is constituted a all properties and assets vesting in the state bar council shall vest in the special committee b all rights, liabilities and obligations of the state bar council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the special committee c all proceedings pending before the state bar council in respect of any disciplinary matter or otherwise shall stand transferred to the special committee. 3 the special committee constituted under subsection 1 shall, in accordance with such directions as the bar council of india may give to it in this behalf, hold elections to the state bar council within a period of six months from the date of its constitution under subsection 1, and where, for any reason the special committee is not in a position to conduct election within the said period of six months, the bar council of india may, for reasons to be recorded by it in writing, extend the said period. 1. subs. by act 70 of , s. 4, for section 8 w.e.f.

section 10b. of the advocates act : 1210b. disqualification of members of bar council. an elected member of a bar council shall be deemed to have vacated his office if he is declared by the bar council of which he is a member to have been absent without sufficient excuse from three consecutive meetings of such council, or if his name is, for any cause, removed from the roll of advocates or if he is otherwise disqualified under any rule made by the bar council of india. 1. ins. by act 21 of , s. 6 w.e.f. . 2. section 10a renumbered as section 10b of the act by act 60 of , s. 10 w.e.f. .

section 17. of the advocates act : 1 every state bar council shall prepare and maintain a roll of advocates in which shall be entered the names and addresses of a all persons who were entered as advocates on the roll of any high court under the indian bar councils act, 38 of , immediately before the appointed day 1including persons, being citizens citizens of india, who before the 15th day of august, , were enrolled as advocates under the said act in any area which before the said date was comprised within india as defined in the government of india act, and who at any time express an intention in the prescribed manner to practise within the jurisdiction of the bar council b all other persons who are admitted to be advocates on the roll of the state bar council under this act on or after the appointed day. 2 each such roll of advocates shall consist of two parts, the first part containing the names of senior advocates and the second part, the names of other advocates. 3 entries in each part of the roll of advocates prepared and maintained by a state bar council under this section shall be in the order of seniority, 2and, subject to any rule that may be made by the bar council of india in this behalf, such seniority shall be determined as follows: a the seniority of an advocate referred to in clause a of subsection 1 shall be determined in accordance with his date of enrolment under the indian bar councils act, 38 of b the seniority of any person who was a senior advocate of the supreme court immediately before the appointed day shall, for the purposes of the first part of the state roll, be determined in accordance with such principles as the bar council of india may specify 3 d the seniority of any other person who, on or after the appointed day, is enrolled as a senior advocate or is admitted as an advocate shall be determined by the date of such enrolment or admission, as the case may be. 4e notwithstanding anything contained in clause a, the seniority of an attorney enrolled whether before or after the commencement of the advocates amendment act, 47 of as an advocate shall be determined in accordance with the date of his enrolment as an attorney. 4 no person shall be enrolled as an advocate on the roll of more than one state bar council. 1. subs. by act 60 of , s. 14, for and who, within the prescribed time w.e.f. . 2. subs. by act 21 of , s. 9, for and such seniority shall be determined w.e.f. . 3. clause c omitted by act 60 of , s. 14 w.e.f. . 4. ins. by act 47 of , s. .

section 11. of the advocates act : 1 every bar council shall appoint a secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary. 2 the secretary and the accountant, if any, shall possess such qualifications as may be prescribed.

section 12. of the advocates act : 1 every bar council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed. 2 the accounts of a bar council shall be audited by auditors duly qualified to act as auditors of companies under the companies act, 1 of , at such times and in such manner as may be prescribed. 13 as soon as may be practicable at the end of each financial year, but not later than the 31st day of december of the year next following, a state bar council shall send a copy of its accounts together with a copy of the report of the auditors thereon to the bar council of india and shall cause the same to be published in the official gazette. 4 as soon as may be practicable at the end of each financial year, but not later than the 31st day of december of the year next following, the bar council of india shall send a copy of its accounts together with a copy of the report of the auditors thereon to the central government and shall cause the same to be published in the gazette of india. 1. subs. by act 60 of , s. 11, for subsection 3 w.e.f. 311 .

section 13. of the advocates act : no act done by a bar council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the council or committee, as the case may be.

section 19. of the advocates act : every state bar council shall send to the bar council of india an authenticated copy of the roll of advocates prepared by it for the first time under this act and shall thereafter communicate to the bar council of india all alterations in and additions to any such roll, as soon as the same have been made.

section 16. of the advocates act : 1 there shall be two classes of advocates, namely, senior advocates and other advocates. 2 an advocate may, with his consent, be designated as senior advocate if the supreme court or a high court is of opinion that by virtue of his ability, 1standing at the bar or special knowledge or experience in law he is deserving of such distinction. 3 senior advocates shall, in the matter of their practice, be subject to such restrictions as the bar council of india may, in the interests of the legal profession, prescribe. 4 an advocate of the supreme court who was a senior advocate of that court immediately before the appointed day shall, for the purposes of this section, be deemed to be a senior advocate: 2provided that where any such senior advocate makes an application before the 31st december, to the bar council maintaining the roll in which his name has been entered that he does not desire to continue as a senior advocate, the bar council may grant the application and the roll shall be altered accordingly. 1. subs. by s. 13, ibid., for experience and standing at the bar w.e.f. . 2. ins. by act 21 of , s. 8 w.e.f. .

section 15. of the advocates act : show related subordinates 1 a bar council may make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for 1a the election of members of the bar council by secret ballot including the conditions subject to which persons can exercise the right to vote by postal ballot, the preparation and revision of electoral rolls and the manner in which the results of election shall be published 2 3c the manner of election of the chairman and the vicechairman of the bar council d the manner in which and the authority by which doubts and disputes as to the validity of an election to the bar council 3or to the office of the chairman or vicechairman shall be finally decided 4 f the filling of casual vacancies in the bar council g the powers and duties of the chairman and the vicechairman of the bar council 5ga the constitution of one or more funds by a bar council for the purpose of giving financial assistance or giving legal aid or advice referred to in subsection 2 of section 6 and subsection 2 of section 7 gb organisation of legal aid and advice to the poor, constitution and functions of committees and subcommittees for that purpose and description of proceedings in connection with which legal aid or advice may be given h the summoning and holding of meetings of the bar council, 6 the conduct of business thereat, and the number of members necessary to constitute a quorum i the constitution and functions of any committee of the bar council and the term of office of members of any such committee j the summoning and holding of meetings, the conduct of business of any such committee, and the number of members necessary to constitute a quorum k the qualifications and the conditions of service of the secretary, the accountant and other employees of the bar council l the maintenance of books of accounts and other books by the bar council m the appointment of auditors and the audit of the accounts of the bar council n the management and investment of the funds of the bar council. 3 no rules made under this section by a state bar council shall have effect unless they have been approved by the bar council of india. 1. subs. by s. 12, for clause a, ibid. w.e.f. . 2. clause b omitted by s. 12, ibid. w.e.f. . 3. ins. by act 38 of , s. 5 w.e.f. . 4. clause e omitted by act 23 of , s. 3 w.e.f. . 5. ins. by act 60 of , s. 12 w.e.f. . 6. the words the times and places where such meetings are to be held omitted by s. 12, ibid. w.e.f. .

section 18. of the advocates act : 1 notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any state bar council may make an application in the prescribed form to the bar council of india for the transfer of his name from the roll of that state bar council to the roll of any other state bar council and, on receipt of any such application the bar council of india shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first mentioned state bar council and entered in the roll of the other state bar council and the state bar councils concerned shall comply with such direction: 1provided that where any such application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the bar council of india that the application for transfer has not been made bona fide and that the transfer should not be made, the bar council of india may, after giving the person making the application an opportunity of making a representation in this behalf, reject the application. 2 for the removal of doubts it is hereby declared that where on an application made by an advocate under subsection 1, his name is transferred from the roll of one state bar council to that of another, he shall retain the same seniority in the latter roll to which he was entitled in the former roll. 1. the proviso added by act 21 of , s. 10 w.e.f. .

section 22. of the advocates act : 122. certificate of enrolment. 1 there shall be issued a certificate of enrolment in the prescribed form by the state bar council to every person whose name is entered in the roll of advocates maintained by it under this act. 2 every person whose name is so entered in the state roll shall notify any change in the place of his permanent residence to the state bar council concerned within ninety days of such change. 1. subs. by s. 17, ibid., for section 22 w.e.f. .

section 14. of the advocates act : no election of a member to a bar council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date has, not less than thirty days before that date, been published in the official gazette.

section 20. of the advocates act : 120. special provision for enrolment of certain supreme court advocates. 1 notwithstanding anything contained in this chapter, every advocate who was entitled as of right to practise in the supreme court immediately before the appointed day and whose name is not entered in any state roll may, within the prescribed time, express his intention in the prescribed form to the bar council of india for the entry of his name in the roll of a state bar council and on receipt thereof the bar council of india shall direct that the name of such advocate shall, without payment of any fee, be entered in the roll of that state bar council, and the state bar council concerned shall comply with such direction. 2 any entry in the state roll made in compliance with the direction of the bar council of india under subsection 1 shall be made in the order of seniority determined in accordance with the provisions of subsection 3 of section 17. 3 where an advocate referred to in subsection 1 omits or fails to express his intention within the prescribed time, his name shall be entered in the roll of the state bar council of delhi. 1. subs. by act 60 of , s. 15, for section 20 w.e.f. .

section 21. of the advocates act : 1 where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. 12 subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the state bar council concerned for decision. 1. subs. by s. 16, ibid., for subsection 2 w.e.f. 311 .

section 23. of the advocates act : 1 the attorneygeneral of india shall have preaudience over all other advocates. 2 subject to the provisions of subsection 1, the solicitorgeneral of india shall have preaudience over all other advocates. 3 subject to the provisions of subsections 1 and 2, the additional solicitorgeneral of india shall have preaudience over all other advocates. 13a subject to the provisions of subsections 1, 2 and 3, the second additional solicitorgeneral of india shall have preaudience over all other advocates. 4 subject to the provisions of subsections 1, 22, 3 and 3a, the advocategeneral of any state shall have preaudience over all other advocates, and the right of preaudience among advocatesgeneral inter se shall be determined by their respective seniority. 5 subject as aforesaid i senior advocates shall have preaudience over other advocates, and ii the right of preaudience of senior advocates inter se and other advocates inter se shall be determined by their respective seniority. 1 ins. by act 47 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for 2 and 3 w.e.f. .

section 24. of the advocates act : show related subordinates 1 subject to the provisions of this act, and the rules made thereunder, a person shall be qualified to be admitted as an advocate on a state roll, if he fulfils the following conditions, namely: a he is a citizen of india: provided that subject to the other provisions contained in this act, a national of any other country may be admitted as an advocate on a state roll, if citizens of india, duly qualified, are permitted to practise law in that other country b he has completed the age of twentyone years c he has obtained a degree in law i before the 112th day of march, , from any university in the territory of india or ii before the 15th day of august, , from any university in any area which was comprised before that date within india as defined by the government of india act, or 2iii after the 12th day of march, , save as provided in subclause iiia, after undergoing a threeyear course of study in law from any university in india which is recognised for the purposes of this act by the bar council of india or iiia after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year or any earlier academic year from any university in india which is recognised for the purposes of this act by the bar council of india or 3iv in any other case, from any university outside the territory of india, if the degree is recognised for the purposes of this act by the bar council of india or 4he is a barrister and is called to the bar on or before the 31st day of december, 5or has passed passed the article clerks examination or any other examination specified by the high court at bombay or calcutta for enrolment as an attorney of that high court or has obtained such other foreign qualification in law as is recognised by the bar council of india for the purpose of admission as an advocate under this act 6 e he fulfils such other conditions as may be specified in the rules made by the state bar council under this chapter 7f he has paid, in respect of the enrolment, stamp duty, if any, chargeable under the indian stamp act, 2 of , and an enrolment fee payable to the state bar council of 8six hundred rupees and to the bar council of india, one hundred and fifty rupees by way of a bank draft drawn in favour of that council: provided that where such person is a member of the scheduled castes or the scheduled tribes and produces a certificate to that effect from such authority as may be prescribed, the enrolment fee payable by him to the state bar council shall be 9one hundred rupees and to the bar council of india, twentyfive rupees. 10explanation. for the purposes of this subsection, a person shall be deemed to have obtained a degree in law from a university in india on the date on which the results of the examination for that degree are published by the university on its notice board or otherwise declaring him to have passed that examination. 2 notwithstanding anything contained in subsection 1, 11a vakil or a pleader who is a law graduate may be admitted as an advocate on a state roll if he a makes an application for such enrolment in accordance with the provisions of this act, not later than two years from the appointed day and b fulfils the conditions specified in clauses a, b, e and f of subsection 1. 123 notwithstanding anything contained in subsection 1 a person who a 13 has, for at least three years, been a vakil or a pleader or a mukhtar, or was entitled at any time time to be enrolled under any law 14 as an advocate of a high court including a high court of a former part b state or of a court of judicial commissioner in any union territory or 15aa before the 1st day of december, , was entitled otherwise than as an advocate to practise the the profession of law whether by way of pleading or acting or both by virtue of the provisions of any law, or who would have been so entitled had he not been in public service on the said date or 16 c before the 1st day of april, , has been an advocate of any high court in any area which was comprised within burma as defined in the government of india act, 25 26 geo. 5 c 42 or d is entitled to be enrolled as an advocate under any rule made by the bar council of india in this behalf, may be admitted as an advocate on a state roll if he i makes an application for such enrolment in accordance with the provisions of this act and ii fulfils the conditions specified in clauses a, b, e and f of subsection 1. 17 1. subs. by act 60 of , s. 18, for 28th day of february, w.e.f. . 2. subs. by s. 18, ibid., for subclause iii w.e.f. . 3. ins. by act 21 of , s. 13 w.e.f. . 4. subs. by act 60 of , s. 18, for he is a barrister w.e.f. . 5. ins. by act 107 of , s. 6 w.e.f. . 6. clause d omitted by act 60 of , s. 18 w.e.f . 7 . subs. by s. 18, ibid., for clause f w.e.f. . 8. subs. by act 70 of , s. 6, for two hundred and fifty rupees w.e.f. . 9. subs. by act 70 of , s. 6, for one hundred and twentyfive rupees w.e.f. . 10. ins. by act 14 of , s. 2 w.e.f. . 11. subs. by act 21 of , s. 13, for certain words w.e.f. . 12. ins. by s. 13, ibid. w.e.f. . 13. the words, figures and letter before the 31st day of march, , omitted by act 33 of , s. 2 w.e.f. . 14. the words then in force omitted by s. 2, ibid. w.e.f. 56 . 15. ins. by act 60 of , s. 18 w.e.f. . 16. clause b omitted by s. 18, ibid. w.e.f. . 17. subsection 4 omitted by act 107 of , s. 6 w.e.f.

section 28. of the advocates act : 1 a state bar council may make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for 1a the time within which and form in which an advocate shall express his intention for the entry of his name in the roll of a state bar council under section 20 2 c the form in which an application shall be made to the bar council for admission as an advocate on its roll and the manner in which such application shall be disposed of by the enrolment committee of the bar council d the conditions subject to which a person may be admitted as an advocate on any such roll e the instalments in which the enrolment fee may be paid. 3 no rules made under this chapter shall have effect unless they have been approved by the bar council of india. 1. subs. by act 60 of , s. 21, for clause a w.e.f. . 2. clause b omitted by s. 21, ibid. w.e.f. .

section 24a. of the advocates act : 124a. disqualification for enrolment. 1 no person shall be admitted as an advocate on a state roll a if he is convicted of an offence involving moral turpitude b if he is convicted of an offence under the provisions of the untouchability offences act, 22 of 2c if he is dismissed or removed from employment or office under the state on any charge involving moral turpitude. explanation. in this clause, the expression state shall have the meaning assigned to it under article 12 of the constitution: provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his 3released or dismissal or, as the case may be, removal. 2 nothing contained in subsection 1 shall apply to a person who having been found guilty is dealt with under the provisions of the probation of offenders act, 20 of . 1. ins. by act 60 of , s. 19 w.e.f. . 2. ins. by act 70 of , s. 7 w.e.f. . 3. subs. by s. 7, ibid., for release w.e.f. .

section 25. of the advocates act : an application for admission as an advocate shall be made in the prescribed form to the state bar council within whose jurisdiction the applicant proposes to practise.

section 29. of the advocates act : subject to the provisions of this act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

section 26. of the advocates act : show related subordinates 1 a state bar council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of subsections 2 and 3 1and to any direction that may be given in writing by the state bar council in this behalf, such committee shall dispose of the application in the prescribed manner: 2provided that the bar council of india may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard. 2 where the enrolment committee of a state bar council proposes to refuse any such application, it shall refer the application for opinion to the bar council of india and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application. 3 the enrolment committee of a state bar council shall dispose of any application referred to the bar council of india under subsection 2 in conformity with the opinion of the bar council of india. 14 where the enrolment committee of a state bar council has refused any application for admission as an advocate on its roll, the state bar council shall, as soon as may be, send intimation to all other state bar councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal. 1. ins. by act 21 of , s. 14 w.e.f.. 2. the proviso added by s. 14, ibid. w.e.f. rules yeardescriptionfiles bar council of india rules parti to iii

section 26a. of the advocates act : 126a. power to remove names from roll. a state bar council may remove from the state roll the name of any advocate who is dead or from whom a request has been received to that effect. 1. subs. by act 60 of , s. 20, for section 26a w.e.f. .

section 27. of the advocates act : where a state bar council has refused the application of any person for admission as an advocate on its roll, no other state bar council shall entertain an application for admission of such person as an advocate on its roll, except with the previous consent in writing of the state bar council which refused the application and of the bar council of india.

section 32. of the advocates act : notwithstanding anything contained in this chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this act, to appear before it or him in any particular case.

section 36a. of the advocates act : 136a. changes in constitution of disciplinary committees. whenever in respect of any proceedings under section 35 or section 36, a disciplinary committee of the state bar council or a disciplinary committee of the bar council of india ceases to exercise jurisdiction and is succeeded by another committee which has and exercises jurisdiction, the disciplinary committee of the state bar council or the disciplinary committee of the bar council of india, as the case may be, so succeeding may continue the proceedings from the stage at which the proceedings were so left by its predecessor committee. 1. ins. by s. 26, ibid. w.e.f. .

section 31.. of the advocates act : special provision for attorneys.. omitted by the advocates amendment act, of 976, s. 7 w.e.f. .

section 30. of the advocates act : subject to the provisions of this act, every advocate whose name is entered in the 1state roll shall be entitled as of right to practise throughout the territories to which this act extends, i in all courts including the supreme court ii before any tribunal or person legally authorised to take evidence and iii before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. 1. subs. by s. 22, ibid., for common roll w.e.f. 311 .

section 36b. of the advocates act : 136b. disposal of disciplinary proceedings. 1 the disciplinary committee of a state bar council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the state bar council, as the case may be, failing which such proceedings shall stand transferred to the bar council of india which may dispose of the same as if it were a proceeding withdrawn for inquiry under subsection 2 of section 36. 2 notwithstanding anything contained in subsection 1, where on the commencement of the advocates amendment act, 60 of , any proceedings in respect of any disciplinary matter against an advocate is pending before the disciplinary committee of a state bar council, that disciplinary committee of the state bar council shall dispose of the same within a period of six months from the date of such commencement or within a period of one year from the date of the receipt of the complaint or, as the case may be, the date of initiation of the proceedings at the instance of the state bar council, whichever is later, failing which such proceedings shall stand transferred to the bar council of india for disposal under subsection 1. 1. ins. by s. 26, ibid. w.e.f.

section 33. of the advocates act : except as otherwise provided in this act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this act.

section 35. of the advocates act : 1 where on receipt of a complaint or otherwise a state bar council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. 11a the state bar council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that state bar council. 2 the disciplinary committee of a state bar council 2 shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the advocategeneral of the state. 3 the disciplinary committee of a state bar council after giving the advocate concerned and the advocategeneral an opportunity of being heard, may make any of the following orders, namely: a dismiss the complaint or, where the proceedings were initiated at the instance of the state bar council, direct that the proceedings be filed b reprimand the advocate c suspend the advocate from practice for such period as it may deem fit d remove the name of the advocate from the state roll of advocates. 4 where an advocate is suspended from practice under clause c of subsection 3, he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in india. 5 where any notice is issued to the advocategeneral under subsection 2, the advocategeneral may appear before the disciplinary committee of the state bar council either in person or through any advocate appearing on his behalf. 3explanation. in this section, 1section 37 and section 38, the expressions advocategeneral and advocategeneral of the state shall, in relation to the union territory of delhi, mean the additional solicitor general of india. 1. ins. by act 60 of , s. 24 w.e.f. . 2. the words , if it does not summarily reject the complaint, omitted by s. 24, ibid. w.e.f. . 3. ins. by act 21 of , s. 17 w.e.f. .

section 34. of the advocates act : 1 the high court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the high court and the courts subordinate thereto. 11a the high court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversarys advocate upon all proceedings in the high court or in any court subordinate thereto. 22 without prejudice to the provisions contained in subsection 1, the high court at calcutta may make rules providing for the holding of the intermediate and the final examinations for articled clerks to be passed by the persons referred to in section 58ag for the purpose of being admitted as advocates on the state roll and any other matter connected therewith. 3 1. ins. by s. 23, ibid. w.e.f. . 2. ins. by act 38 of , s. 6 w.e.f. . 3. subsection 3 omitted by act 107 of , s. 8 w.e.f. .

section 36. of the advocates act : 1 where on receipt of a complaint or otherwise the bar council of india has reason to believe that any advocate 1 whose name is not entered on any state roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. 2 notwithstanding anything contained in this chapter, the disciplinary committee of the bar council of india may, 2either of its own motion or on a report by any state bar council or on an application made to it by any person interested, withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before the disciplinary committee of any state bar council and dispose of the same. 3 the disciplinary committee of the bar council of india, in disposing of any case under this section, shall observe, so far as may be, the procedure laid down in section 35, the references to the advocategeneral in that section being construed as references to the attorneygeneral of india. 4 in disposing of any proceedings under this section the disciplinary committee of the bar council of india may make any order which the disciplinary committee of a state bar council can make under subsection 3 of section 35, and where any proceedings have been withdrawn for inquiry 3before the disciplinary committee of the bar council of india, the state bar council concerned shall give effect to any such order. 1. the words on the common roll omitted by act 60 of , s. 25 w.e.f. . 2. subs. by s. 25, ibid., for of its own motion w.e.f. 311 . 3. subs. by act 60 of , s. 25, for before the bar council of india w.e.f. .

section 37. of the advocates act : 1 any person aggrieved by an order of the disciplinary committee of a state bar council made 1under section 35 2or the advocategeneral of the state may, within sixty days of the date of the communication of the order to him, prefer an appeal to the bar council of india. 2 every such appeal shall be heard by the disciplinary committee of the bar council of india which may pass such order 2including an order varying the punishment awarded by the disciplinary committee of the state bar council thereon as it deems fit: 2provided that no order of the disciplinary committee of the state bar council shall be varied by the disciplinary committee of the bar council of india so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard. 1. subs. by act 21 of , s. 18, for under subsection 3 of section 35 w.e.f. . 2. ins. by act 60 of , s. 27 w.e.f. .

section 43. of the advocates act : the disciplinary committee of a bar council may make such order as to the costs of any proceedings before it as it may deem fit and any such order shall be executable as if it were an order a in the case of an order of the disciplinary committee of the bar council of india, of the supreme court b in the case of an order of the disciplinary committee of a state bar council, of the high court.

section 38. of the advocates act : any person aggrieved by an order made by the disciplinary committee of the bar council of india under section 36 or section 37 1or the attorneygeneral of india or the advocategeneral of the state concerned, as the case may be, may, within sixty days of the date on which the order is communicated to him, prefer an appeal to the supreme court and the supreme court may pass such order 1including an order varying the punishment awarded by the disciplinary committee of the bar council of india thereon as it deems fit: 1provided that no order of the disciplinary committee of the bar council of india shall be varied by the supreme court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard. 1. ins. by act 60 of , s. 28 w.e.f. .

section 39. of the advocates act : 139. application of sections 5 and 12 of limitation act, .the provisions of sections 5 and 12 of the limitation act, 36 of , shall, so far as may be, apply to appeals under section 37 and section 38. 1. subs. by s. 29, ibid., for section 39 w.e.f. .

section 40. of the advocates act : 11 an appeal, made under section 37 or section 38, shall not operate as a stay of the order appealed against, but the disciplinary committee of the bar council of india, or the supreme court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit. 22 where an application is made for stay of the order before the expiration of the time allowed for appealing therefrom under section 37 or section 38, the disciplinary committee of the state bar council, or the disciplinary committee of the bar council of india, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit. 1. section 40 renumbered as subsection 1 of that section by s. 30, ibid. w.e.f. . 2. ins. by s. 30, ibid. w.e.f. .

section 41. of the advocates act : 1 where an order is made under this chapter reprimanding or suspending an advocate, a record of the punishment shall be entered against his name a in the case of an advocate whose name is entered in a state roll, in that roll 1 and where any order is made removing an advocate from practice, his name shall be struck off the state roll 2 2 3 where any advocate is suspended or removed from practice, the certificate granted to him under section 22, in respect of his enrolment shall be recalled. 1. clause b omitted by s. 31, ibid. w.e.f. . 2. the words or the common roll, as the case may be omitted by s. 31, ibid. w.e.f. . 3. subsection 2 omitted by s. 31, ibid. w.e.f. .

section 42a. of the advocates act : 142a. powers of bar council of india and other committees. the provisions of section 42 shall, so far as may be, apply in relation to the bar council of india, the enrolment committee, the election committee, the legal aid committee, or any other committee of a bar council as they apply in relation to the disciplinary commitee of a bar council. 1. ins. by s. 33, ibid. w.e.f. .

section 42. of the advocates act : 1 the disciplinary committee of a bar council shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring discovery and production of any documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which may be prescribed: provided that no such disciplinary committee shall have the right to require the attendance of a any presiding officer of a court except with the previous sanction of the high court to which such court is subordinate b any officer of a revenue court except with the previous sanction of the state government. 2 all proceedings before a disciplinary committee of a bar council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of , and every such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the code of criminal procedure, 5 of . 3 for the purposes of exercising any of the powers conferred by subsection 1, a disciplinary committee may send to any civil court in the territories to which this act extends, any summons or other process, for the attendance of a witness or the production of a document required by the committee or any commission which it desires to issue, and the civil court shall cause such process to be served or such commission to be issued, as the case may be, and may enforce any such process as if it were a process for attendance or production before itself. 24 notwithstanding the absence of the chairman or any member of a disciplinary committee on a date fixed for the hearing of a case before it, the disciplinary committee may, if it so thinks fit, hold or continue the proceedings on the date so fixed and no such proceedings and no order made by the disciplinary committee in any such proceedings shall be invalid merely by reason of the absence of the chairman or member thereof on any such date: provided that no final orders of the nature referred to in sub section 3 of section 35 shall be made in any proceeding unless the chairman and other members of the disciplinary committee are present. 5 where no final orders of the nature referred to in sub section 3 of section 35 can be made in any proceedings in accordance with the opinion of the chairman and the members of a disciplinary committee either for want of majority opinion amongst themselves or otherwise, the case, with their opinion thereon, shall be laid before the chairman of the bar council concerned or if the chairman of the bar council is acting as the chairman or a member of the disciplinary committee, before the vicechairman of the bar council, and the said chairman or the vicechairman of the bar council, as the case may be, after such hearing as he thinks fit, shall deliver his opinion and the final order of the disciplinary committee shall follow such opinion. 1. see now the code of criminal procedure, act 2 of , ss. 3451, 346 and 349. 2. ins. by act 60 of , s. 32 w.e.f. .

section 44. of the advocates act : the disciplinary committee of a bar council may of its own motion or otherwise review any order 1within sixty days of the date of that order, passed by it under this chapter: provided that no such order of review of the disciplinary committee of a state bar council shall have effect unless it has been approved by the bar council of india. 1. ins. by s. 34, ibid. w.e.f. .

section 48aa. of the advocates act : show related subordinates 1248aa. review. the bar council of india or any of its committees, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this act. 1. ins. by act 21 of , s. 19 w.e.f. . 2. ins. by act 60 of , s. 37 w.e.f. .

section 45. of the advocates act : any person who practises in any court or before any authority or person, in or before whom he is not entitled to practise under the provisions of this act, shall be punishable with imprisonment for a term which may extend to six months.

section 46.. of the advocates act : 46. payment of part of enrolment fees to the bar council of india. omitted by act 70 of , s. 8 w.e.f. .

section 46a. of the advocates act : 146a. financial assistance to state bar council the bar council of india may, if it is satisfied that any state bar council is in need of funds for the purpose of performing its functions under this act, give such financial assistance as it deems fit to that bar council by way of grant or otherwise. 1. ins. by act 60 of , s. 35 w.e.f.

section 47. of the advocates act : 1 where any country, specified by the central government in this behalf by notification in the official gazette, prevents citizens of india from practising the profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practise the profession of law in india. 2 subject to the provisions of subsection 1, the bar council of india may prescribe the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of india shall be recognised for the purpose of admission as an advocate under this act.

section 48b. of the advocates act : 1 for the proper and efficient discharge of the functions of a state bar council or any committee thereof, the bar council of india may, in the exercise of its powers of general supervision and control, give such directions to the state bar council or any committee thereof as may appear to it to be necessary, and the state bar council or the committee shall comply with such directions. 2 where a state bar council is unable to perform its functions for any reason whatsoever, the bar council of india may, without prejudice to the generality of the foregoing power, give such directions to the ex officio member thereof as may appear to it to be necessary, and such directions shall have effect, notwithstanding anything contained in the rules made by the state bar council.

section 48a. of the advocates act : show related subordinates 148a. power of revision 1 the bar council of india may, at any time, call for the record of any proceeding under this act which has been disposed of by a state bar council or a committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit. 2 no order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard. 1. ins. by act 21 of , s. 19 w.e.f. .

section 48. of the advocates act : no suit or other legal proceeding shall lie against any bar council or any committee thereof or a member of a bar council 1or any committee thereof for any act in good faith done or intended to be done in pursuance of the provisions of this act or of any rules made thereunder. 1. ins. by s. 36, ibid. w.e.f. .

section 51. of the advocates act : on and from the appointed day, references in any enactment to an advocate enrolled by a high court in any form of words shall be construed as references to an advocate enrolled under this act.

section 55. of the advocates act : notwithstanding anything contained in this act. a every pleader or vakil practising as such immediately before the date on which chapter iv comes into force hereinafter in this section referred to as the said date by virtue of the provisions of the legal practitioners act, 18 of , the bombay pleaders act, bombay act 17 of , or any other law who does not elect to be, or is not qualified to be, enrolled as an advocate under this act 1 2c every mukhtar practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 18 of , or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this act d every revenue agent practising as such immediately before the said date by virtue of the provisions of the legal practitioners act, 18 of , or any other law shall, notwithstanding the repeal by this act of the relevant provisions of the legal practitioners act, 18 of , the bombay pleaders act, bombay act 17 of , or other law, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was subject immediately before the said date and accordingly the relevant provisions of the acts or law aforesaid shall have effect in relation to such persons as if they had not been repealed. 1. clause b omitted by act 107 of , s. 10 w.e.f. . 2. subs. by act 21 of , s. 23, for clause c w.e.f.

section 49a. of the advocates act : 149a. power of central government to make rules. 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act including rules with respect to any matter for which the bar council of india or a state bar council has power to make rules. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a qualifications for membership of a bar council and disqualifications for such membership b the manner in which the bar council of india may exercise supervision and control over state bar councils and the manner in which the directions issued or orders made by the bar council of india may be enforced c the class or category of persons entitled to be enrolled as advocates under this act d the category of persons who may be exempted from undergoing a course of training and passing an examination prescribed under clause d of subsection 1 of section 24 e the manner in which seniority among advocates may be determined f the procedure to be followed by a disciplinary committee of a bar council in hearing cases and the procedure to be followed by a disciplinary committee of the bar council of india in hearing appeals g any other matter which may be prescribed. 3 rules under this section may be made either for the whole of india or for all or any of the bar councils. 4 if any provision of a rule made by a bar council is repugnant to any provision of a rule made by the central government under this section, then, the rule under this section, whether made before or after the rule made by the bar council, shall prevail and the rule made by the bar council shall, to the extent of the repugnancy, be void. 25 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 21 of , s. 21 w.e.f. . 2. subs. by act 60 of , s. 39, for subsection 5 w.e.f. 311 .

section 49. of the advocates act : show related subordinates 11 the bar council of india may make rules for discharging its functions under this act, and, in particular, such rules may prescribe 2a the conditions subject to which an advocate may be entitled to vote at an election to the state bar council including the qualifications or disqualifications of voters, and the manner in which an electoral roll of voters may be prepared and revised by a state bar council ab qualifications for membership of a bar council and the disqualifications for such membership ac the time within which and the manner in which effect may be given to the proviso to subsection 2 of section 3 ad the manner in which the name of any advocate may be prevented from being entered in more than one state roll ae the manner in which the seniority among advocates may be determined 3af the minimum qualifications required for admission to a course of degree in law in any recognised university ag the class or category of persons entitled to be enrolled as advocates ah the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court b the form in which an application shall be made for the transfer of the name of an advocate from one state roll to another c the standards of professional conduct and etiquette to be observed by advocates d the standards of legal education to be observed by universities in india and the inspection of universities for that purpose e the foreign qualifications in law obtained by persons other than citizens of india which shall be recognised for the purpose of admission as an advocate under this act f the procedure to be followed by the disciplinary committee of a state bar council and by its own disciplinary committee g the restrictions in the matter of practice to which senior advocates shall be subject 4gg the form of dresses or robes to be worn by advocates, having regard to the climatic conditions, appearing before any court or tribunal h the fees which may be levied in respect of any matter under this act 5i general principles for guidance of state bar councils and the manner in which directions issued or orders made by the bar council of india may be enforced j any other matter which may be prescribed: 6provided that no rules made with reference to clause c or clause gg shall have effect unless they have been approved by the chief justice of india: 7provided further that no rules made with reference to clause e shall have effect unless they have been approved by the central government. 72 notwithstanding anything contained in the first proviso to subsection 1, any rules made with reference to clause c or clause gg of the said subsection and in force immediately before the commencement of the advocates amendment act, 60 of , shall continue in force until altered or repealed or amended in accordance with the provisions of this act. 1. section 49 renumbered as subsection 1 of that section by act 60 of , s. 38 w.e.f. . 2. subs. by act 21 of , s. 20, for clause a w.e.f. . 3. subs. by act 60 of , s. 38, for clause af w.e.f. . 4. ins. by s. 38, ibid. w.e.f. . 5. subs. by act 21 of , s. 20, for clause i w.e.f. . 6. subs. by act 60 of , s. 38, for provided that w.e.f. . 7. ins. by s. 38, ibid. w.e.f. .

section 50. of the advocates act : 1 on the date on which a state bar council is constituted under this act, the provisions of sections 3 to 7 inclusive, subsections 1, 2 and 3 of section 9, section 15 and section 20 of the indian bar councils act, 38 of , shall stand repealed in the territory for which the state bar council is constituted. 2 on the date on which chapter iii comes into force, the following shall stand repealed, namely: a sections 6, 7, 18 and 37 of the legal practitioners act, 18 of , and so much of sections 8, 9, 16, 17, 19 and 41 of that act as relate to the admission and enrolment of legal practitioners b sections 3, 4 and 6 of the bombay pleaders act, bombay act 17 of c so much of section 8 of the indian bar councils act, 38 of , as relates to the admission and enrolment of legal practitioners d the provisions of the letters patent of any high court and of any other law in so far as they relate to the admission and enrolment of legal practitioners. 3 on the date on which chapter iv comes into force, the following shall stand repealed, namely: a sections 4, 5, 10 and 20 of the legal practitioners act, 18 of , and so much of sections 8, 9, 19 and 41 of that act as confer on legal practitioners the right to practise in any court or before any authority or person b sections 5, 7, 8 and 9 of the bombay pleaders act, bombay act 17 of c section 14 of the indian bar councils act, 38 of and, so much of sections 8 and 15 of that act as confer on legal practitioners the right to practise in any court or before any authority or person d the supreme court advocates practice in high courts act, 18 of e the provisions of the letters patent of any high court and of any other law conferring on legal practitioners the right to practise in any court or before any authority or person. 4 on the date on which chapter v comes into force, the following shall stand repealed, namely: a sections 12 to 15 inclusive, sections 21 to 24 inclusive and sections 39 and 40 of the legal practitioners act, 18 of , and so 82 much of sections 16, 17 and 41 of that act as relate to the suspension, removal or dismissal of legal practitioners b sections 24 to 27 inclusive of the bombay pleaders act, bombay act 17 of c sections 10 to 13 inclusive of the indian bar councils act, 38 of d the provisions of the letters patent of any high court and of any other law in so far as they relate to the suspension, removal or dismissal of legal practitioners. 5 when the whole of this act has come into force a the remaining provisions of the acts referred to in this section which do not stand repealed by virtue of any of the foregoing provisions of this section except sections 1, 3 and 36 of the legal practitioners act, 18 of shall stand repealed b the enactment specified in the schedule shall stand repealed to the extent mentioned therein.

section 52. of the advocates act : nothing in this act shall be deemed to affect the power of the supreme court to make rules under article 145 of the constitution a for laying down the conditions subject to which a senior advocate shall be entitled to practise in that court b for determining the persons who shall be entitled to 1act or plead in that court. 1. subs. by act 70 of , s. 9, for act w.e.f. .

section 53. of the advocates act : notwithstanding anything contained in this act, the elected members of a state bar council, constituted for the first time under this act, shall be elected by and from amongst advocates, vakils, pleaders and attorneys who, on the date of the election, are entitled as of right to practise in the high court and are ordinarily practising within the territory for which the bar council is to be constituted. explanation. where the territory for which the bar council is to be constituted includes a union territory, the expression high court shall include the court of the judicial commissioner of that union territory.

section 54. of the advocates act : notwithstanding anything contained in this act, the term of office of the 1 elected members of 2 a state bar council constituted for the first time, shall be two years from the date of the first meeting of the council: 3provided that such members shall continue to hold office until the state bar council is reconstituted in accordance with the provisions of this act. 1. the words nominated and omitted by act 14 of , s. 3 w.e.f. . 2. the words the bar council of india and omitted by act 21 of , s. 22 w.e.f. . 3. ins. by s. 22, ibid. w.e.f. .

section 58ab. of the advocates act : 158ab. special provisions with respect to certain persons enrolled by mysore state bar council. notwithstanding anything contained in this act or any judgment, decree or order of any court or any resolution passed or direction given by the bar council of india, every person who was admitted as an advocate on the state roll by the state bar council of mysore during the period beginning with the 28th day of february, , and ending on the 31st day of march, , on the basis of his having obtained a certificate of pleadership from the high court of mysore, shall, save as otherwise provided, be deemed to have been validly admitted as an advocate on that state roll and accordingly entitled to practise the profession of law whether by way of pleading or acting or both: provided that where any such person has elected to be enrolled as an advocate on the roll of any other state bar council, his name shall be deemed to have been struck off the roll of the state bar council of mysore from the date he was enrolled by the other state bar council: provided further that the seniority of such person, whether his name is borne on the state roll of the state bar council of mysore, or on the state roll of any other bar council, shall, for the purposes of clause d of subsection 3 of section 17, be determined by reckoning the 16th day of may, , as the date of admission. 1. ins. by act 33 of , s. 3 w.e.f. .

section 56. of the advocates act : 1 on the constitution under this act of a state bar council, other than the bar council of delhi hereinafter referred to as the new bar council a all properties and assets vesting in the corresponding bar council shall vest in the new bar council b all rights, liabilities, and obligations of the corresponding bar council, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the new bar council c all proceedings pending before the corresponding bar council in respect of any disciplinary matter or otherwise shall stand transferred to the new bar council. 2 in this section, corresponding bar council in relation to a state bar council, other than the bar council of delhi, means the bar council for the high court in the territory for which the state bar council is constituted under this act.

section 57. of the advocates act : until a bar council is constituted under this act, the power of that bar council to make rules under this act shall be exercised a in the case of the bar council of india, by the supreme court b in the case of a state bar council, by the high court.

section 58ac. of the advocates act : 158ac. special provisions with respect to certain persons enrolled by uttar pradesh state bar council. notwithstanding anything contained in this act or any judgment, decree or order of any court, every person who was enrolled as an advocate by the high court during the period beginning with the 2nd day of january, and ending on the 25th day of may, and was subsequently admitted as an advocate on the state roll by the state bar council of uttar pradesh shall be deemed to have been validly admitted as an advocate on that state roll from the date of his enrolment by the high court and accordingly entitled to practise the profession of law whether by way of pleading or acting or both. 1. ins. by act 60 of , s. 40 w.e.f. .

section 58ad. of the advocates act : 158ad. special provisions with respect to certain persons migrating to india. notwithstanding the repeal by this act of the provisions of the legal practitioners act, 18 of , or of any other law relating to the admission and enrolment of legal practitioners hereafter in this section referred to as such act or law, every person who migrates to the territory of india from any area which, before the 15th day of august, , was comprised within india as defined in the government of india act, , and who has, before such migration, been a pleader, mukhtar or revenue agent in any such area under any law in force therein, may be admitted and enrolled under the relevant provisions of such act or law as a pleader, mukhtaras or,as the case may be, revenue agent, if he a makes an application for the purpose to the appropriate authority under such act or law and b is a citizen of india and fulfils other conditions, if any, specified in this behalf by the appropriate authority aforesaid, and notwithstanding the repeal by this act of the relevant provisions of such act or law, every pleader, mukhtar or revenue agent so enrolled shall have the same rights as respects practice in any court or revenue office or before any other authority or person and be subject to the disciplinary jurisdiction of the same authority to which he would be subject under the relevant provisions of such act or law as if they had not been repealed and accordingly, those provisions shall have effect in relation to such persons. 1. ins. by act 60 of , s. 40 w.e.f. .

section 58. of the advocates act : 158. special provisions during the transitional period. 1 where a state bar council has not been constituted under this act or where a state bar council so constituted is unable to perform its functions by reason of any order of a court or otherwise, the functions of that bar council or of any committee thereof, in so far as they relate to the admission and enrolment of advocates, shall be performed by the high court in accordance with the provisions of this act. 2 until chapter iv comes into force, a state bar council or a high court performing the functions of a state bar council may enrol any person to be an advocate on a state roll, if he is qualified to be so enrolled under this act, notwithstanding that no rules have been made under section 28 or that the rules so made have not been approved by the bar council of india, and every person so enrolled shall, until that chapter comes into force, be entitled to all the rights of practice conferred on an advocate under section 14 of the indian bar councils act, 38 of . 3 notwithstanding anything contained in this act, every person who, immediately before the 1st day of december, , was an advocate on the roll of any high court under the indian bar councils act, 38 of or who has been enrolled as an advocate under this act shall, until chapter iv comes into force, be entitled as of right to practise in the supreme court, subject to the rules made by the supreme court in this behalf. 4 notwithstanding the repeal by subsection 2 of section 50 of the provisions of the legal practitioners act, 18 of or of the bombay pleaders act, bombay act 17 of 2or of any other law relating to the admission and enrolment of legal practitioners, the provisions of the acts and law aforesaid and any rules made thereunder in so far as they relate to 3the renewal or the issue by way of renewal of a certificate to a legal practitioner authorising him to practise shall have effect until chapter iv comes into force and, accordingly, every certificate issued or renewed to a legal practitioner who is not enrolled as an advocate under this act which is or purports to be issued or renewed under the provisions of either of the aforesaid acts 4or of the other law during the period beginning with the 1st day of december, and ending with the date on which chapter iv comes into force, shall be deemed to have been validly issued or renewed. 1. ins. by act 14 of , s. 4 w.e.f. . 2. subs. by act 32 of , s. 3, for certain words retrospectively. 3. subs. by act 21 of , s. 24, for the issue and renewal w.e.f. . 4. ins. by act 32 of , s. 3 w.e.f. .

section 58a. of the advocates act : 158a. special provisions with respect to certain advocates. 1 notwithstanding anything contained in this act, all advocates who, immediately before the 26th day of july, , were entitled to practise in the high court in allahabad or the chief court in oudh and who under the provisions of the united provinces high courts amalgamation order, were recognised as advocates entitled to practise in the new high court of judicature at allahabad but whose names were not formally entered on the roll of advocates of that high court merely by reason of the nonpayment of the fee payable to the bar council of the said high court, and all advocates who were enrolled as such between the said date and the 26th day of may, , shall, for the purposes of clause a of subsection 1 of section 17 be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 38 of and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of uttar pradesh. 2 notwithstanding anything contained in this act, all advocates who, immediately before the 10th day of october, , were entitled to practise in the high court of hyderabad but whose names were not formally entered on the roll of advocates of that high court merely by reason of the nonpayment of the fee payable to the bar council of the said high court shall, for the purposes of clause a of subsection 1 of section 17, be deemed to be persons who were entered as advocates on the roll of the said high court under the indian bar councils act, 38 of and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of andhra pradesh or of maharashtra.. 3 notwithstanding anything contained in this act, all advocates who, immediately before the 1st day of may, , were entitled to practise in the high court of bombay and who applied to get their names entered on the roll of advocates of the high court of gujarat under the provisions of section 8 of the indian bar councils act, 38 of but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause a of subsection 1 of section 17, be deemed to be persons who were entered as advocates on the roll of the high court of gujarat under the said act and every such person may, on an application being made in this behalf, be admitted as an advocate on the state roll of gujarat.. 4 notwithstanding anything contained in this act, all persons who, immediately before the 1st day of december, , were advocates on the roll of the court of judicial commissioner in any union territory under any law in force in that territory shall, for the purposes of clause a of subsection 1 of section 17, be deemed to be persons who were entered as advocates on the roll of a high court under the indian bar councils act, 38 of and every such person may, on an application made in this behalf, be admitted as an advocate on the state roll maintained in respect of that union territory. 1. ins. by act 21 of , s. 25 w.e.f. .

section 58aa. of the advocates act : 158aa. special provisions in relation to the union territory of pondicherry. 1 notwithstanding anything contained in this act, all persons who, immediately before the date on which the provisions of chapter iii are brought into force in the union territory of pondicherry, were entitled to practise the profession of law whether by way of pleading or acting or both under any law in force in the said union territory or who would have been so entitled had they not been in public service on the said date, shall for the purposes of clause a of subsection 1 of section 17, be deemed to be persons who were entered as advocates on the roll of a high court under the indian bar councils act, 38 of , and every such person may, on an application made in this behalf within such time as may be specified by the bar council of madras, be admitted as an advocate on the state roll maintained in respect of the said union territory. 2 notwithstanding anything contained in this act, every person who, immediately before the date on which the provisions of chapter iv are brought into force in the union territory of pondicherry, was practising the profession of law whether by way of pleading or acting or both or in any other way by virtue of the provisions of any law in force in the said union territory, who does not elect to be or is not qualified to be, enrolled as an advocate under subsection 1, shall, notwithstanding the repeal of the relevant provisions of such law by the pondicherry extension of laws act, 26 of , continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed. 1. ins. by act 26 of , s. 3 and sch. w.e.f. .

section 58ae. of the advocates act : 158ae. special provisions in relation to the union territory of goa, daman and diu. 1 notwithstanding anything contained in this act, all persons who, immediately before the date on which the provisions of chapter iii are brought into force in the union territory of goa, daman and diu, were entitled to practise the profession of law whether by way of pleading or acting or both under any law in force in the said union territory or who would have been so entitled had they not been in public service on the said date, shall, for the purpose of clause a of subsection 1 of section 17, be deemed to be persons who were entered as advocates on the roll of a high court under the indian bar councils act, 38 of , and every such person may, on an application made in this behalf within such time as may be specified by the bar council of maharashtra, be admitted as an advocate on the state roll maintained in respect of the said union territory: provided that the provisions of this subsection shall not apply to any person who, on the date of the application aforesaid, was not a citizen of india. 2 notwithstanding anything contained in this act, every person who, immediately before the date on which the provisions of chapter iv are brought into force in the union territory of goa, daman and diu, was practising the profession of law whether by way of pleading or acting or both or in any other way by virtue of the provisions of any law in force in the said union territory, or who does not elect to be or is not qualified to be enrolled as an advocate under subsection 1, shall, notwithstanding the repeal by this act of the relevant provisions of such law, continue to enjoy the same rights as respects practice in any court or revenue office or before any other authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed, or, as the case may be, to which he was subject, immediately before the said date and accordingly the relevant provisions of the law aforesaid shall have effect in relation to such persons as if they had not been repealed. 3 on the date on which this act or any part thereof comes into force in the union territory of goa, daman and diu, the law in force in that union territory which corresponds to this act or such part and which does not stand repealed by virtue of the provisions of section 50 of this act, shall also stand repealed. 1. ins. by act 60 of , s. 40 w.e.f. .

section 60. of the advocates act : 160. power of central government to make rules. 1 until rules in respect of any matter under this act are made by a state bar council and approved by the bar council of india, the power to make rules in respect of that matter shall be exercisable by the central government. 2 the central government after consultation with the bar council of india may, by notification in the official gazette, make rules under subsection 1 either for any state bar council or generally for all state bar councils and the rules so made shall have effect, notwithstanding anything contained in this act. 3 where in respect of any matter any rules are made by the central government under this section for any state bar council, and in respect of the same matter, rules are made by the state bar council and approved by the bar council of india, the central government may, by notification in the official gazette, direct that the rules made by it in respect of such matter shall cease to be in force in relation to that bar council with effect from such date as may be specified in the notification and on the issue of such notification, the rules made by the central government shall, accordingly, cease to be in force except as respects things done or omitted to be done before the said date. 1. ins. by act 32 of , s. 4 w.e.f. .

section 58af. of the advocates act : 58af. special provisions in relation to jammu and kashmir.omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e, dated 183 and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 58ag. of the advocates act : 158ag. special provisions in relation to articled clerks. notwithstanding anything contained in this act, every person who, immediately before the 31st day of december, , has commenced his articleship and passed the preliminary examination, for the purpose of enrolment as an attorney of the high court at calcutta in accordance with the rules made under subsection 2 of section 34, before the omission of that subsection by the advocates amendment act, of , be admitted as an advocate on the state roll if he i passes, on or before the 31st day of december, , a the final examination in a case where such person has, before the 31st day of december, , passed the intermediate examination, b the intermediate and the final examinations in any other case. explanation. for the purpose of this clause, the high court at calcutta may prescribe such rules as may be necessary under subsection 2 of section 34, specifying the nature of the examinations and any other matter relating thereto ii makes an application for such enrolment in accordance with the provisions of this act and iii fulfils the conditions specified in clauses a, b, e and f of subsection 1 of section 24. 1. ins. by act 38 of , s. 7 w.e.f. .

section 59. of the advocates act : 1 if any difficulty arises in giving effect to the provisions of this act, particularly in relation to the transition from the enactments repealed by this act to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty. 2 an order under subsection 1 may be made so as to have retrospective effect from a date not earlier than the 1st day of december, .

section 58b. of the advocates act : 158b. special provision relating to certain disciplinary proceedings. 1 as from the 1st day of september, , every proceeding in respect of any disciplinary matter in relation to an existing advocate of a high court shall, save as provided in the first proviso to subsection 2, be disposed of by the state bar council in relation to that high court, as if the existing advocate had been enrolled as an advocate on its roll. 2 if immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any high court under the indian bar councils act, 38 of , such proceeding shall stand transferred to the state bar council in relation to that high court, as if it were a proceeding pending before the corresponding bar council under clause c of subsection 1 of section 56: provided that where in respect of any such proceeding the high court has received the finding of a tribunal constituted under section 11 of the indian bar councils act, 38 of , the high court shall dispose of the case and it shall be lawful for the high court to exercise for the purpose all powers conferred on it under section 12 of the said act as if that section had not been repealed: provided further that where the high court has referred back any case for further inquiry under subsection 4 of section 12 of the said act, the proceeding shall stand transferred to the state bar council in relation to the high court as if it were a proceeding pending before the corresponding bar council under clause c of sub section 1 of section 56. 3 if immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any state roll under the act, such proceeding shall stand transferred to the state bar council on the roll of which he has been enrolled and be dealt with under this act as if it were a proceeding arising against him thereunder. 4 in this section existing advocate means a person who was enrolled as an advocate on the roll of any high court under the indian bar councils act, 38 of and who, at the time when any proceeding in respect of any disciplinary matter is initiated against him, is not enrolled as an advocate on a state roll under this act. 5 the provisions of this section shall have effect, notwithstanding anything contained in this act. 1. ins. by act 38 of , s. 7 w.e.f. .

section 8. of the central provinces court of wards act : where the court of wards assumes the superintendence of the property of a minor or of a person who has been adjudged by a competent civil court to be of unsound mind and incapable of managing his affairs, it may, with the previous sanction of the local government, assume the superintendence of his person also: provided that nothing in this section shall authorize the court of wards to assume the superintendence of the person of a female who is married to a man of full age and is in his custody.

section 1. of the central provinces court of wards act : 1 this act may be called the central provinces court of wards act, . 2 it extends to the territories for the time being administered by the local government of the central provinces and 3 it shall come into force at once.

section 2. of the central provinces court of wards act : in this act, unless there is anything repugnant in the subject or context, a the expression government ward means any person of whose property, or of whose person and property, the court of wards may, for the time being, have the superintendence under this act b land includes the rights of a landholder in respect of the land of which he is the malguzar or zamindar or the muafidar, jagirdar, ubaridar or other assignee of landrevenue, or in which he is interested and c landholder means a malguzar as defined in the central provinces landrevenue act, , xviii of , and the zamindar of any zamindari in a scheduled district, and includes a muafidar, jagirdar, ubaridar or other assignee of landrevenue, and any person not hereinbefore specified who is interested in land and belongs to a class of which the local government, with the previous sanction of the governor general in council, has declared the members to be landholders for the purposes of this act.

section 4. of the central provinces court of wards act : the court of wards may, with the previous sanction of the local government, assume the superintendence of the property of any landholder owning land within the local limits of its jurisdiction who is disqualified to manage his property.

section 9.superintendence by court of wards where disqualified landholder owns land in more than one division of the central provinces court of wards act : where a landholder owns land within two or more divisions, such one only of the courts of wards as the local government may determine in this behalf shall assume the superintendence of the property, or of the person and property, of the landholder.

section 7. of the central provinces court of wards act : 1 whenever the court of wards receives information that any landholder has died and has reason to believe that the heir of the landholder is a person who is, or should be adjudged or declared to be, disqualified under section 5, the court may a take such steps and make such order for the temporary custody and protection of the property inherited as it thinks fit and, b if the heir is a minor, direct that the person if any having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as the court may appoint, and make such order for the temporary custody and protection of the minor as it thinks fit: provided that, where the minor is a female and belongs to a class the females of which do not usually appear in public, her production shall be required only in accordance with the manners and customs of the country. 2 whenever the court of wards proceeds under this section, it shall forthwith report its action for the information of the local government.

section 3. of the central provinces court of wards act : subject to the provisions of section 9, the commissioner shall be the court of wards for the limits of his division.

section 5. of the central provinces court of wards act : 1 the following persons shall, for the purposes of section 4, be deemed to be disqualified to manage their own property, namely: a minors b persons adjudged by a competent civil court to be of unsound mind and incapable of managing their affairs and c persons declared by the local government to be incapable of managing their property owing to i any physical or mental defect or infirmity ii their having been convicted of a nonbailable offence and being unfitted by vice or bad character or iii their being females. 2 no suit shall be brought in any civil court in respect of any declaration made by the local government under subsection 1, clause c.

section 10. of the central provinces court of wards act : 1 whenever the court of wards assumes the superintendence of the property of any person under this act, the fact of such assumption, and the date on which it was sanctioned by the local government, shall be notified in the local official gazette. 2 on and with effect from the date of such sanction, the whole of the property, moveable or immoveable, of such person, whether the existence of any such property may be known to the said court or not, shall be deemed to be under the superintendence of the court of wards. 3 any property which the government ward may inherit subsequently to the date of such sanction, shall also be deemed to be under the superintendence of the court of wards. 4 the court of wards may, in its discretion, assume, or refrain from assuming, the superintendence of any property which the ward may acquire, otherwise than by inheritance subsequently to the date of such notification.

section 14. of the central provinces court of wards act : if a civil court has directed any process of execution to issue against any immoveable property of a government ward or the rents thereof or any crops standing thereon, the court of wards may, at any time within one year after the issue of a notification under section 10, apply to the civil court to stay proceedings in the matter of such process, and the civil court may, on such terms regarding interest or compensation for delay as may appear to it to be just and reasonable, stay such proceedings accordingly.

section 6. of the central provinces court of wards act : 1 any landholder may apply to the local government to have his property placed under the superintendence of the court of wards, and the local government may on such application, if it thinks it expedient in the public interests, order the court of wards to assume the superintendence of the property. 2 an order made by the local government under subsection 1 shall be sufficient to authorize the court of wards to assume the superintendence of the property referred to therein, and no suit shall be brought in any civil court in respect of any such order.

section 15. of the central provinces court of wards act : 1 on receipt of all claims submitted in compliance with the provisions of sections 12 and 13, the court of wards shall proceed to investigate such claims and shall decide which of them are to be wholly or partly admitted or wholly or partly rejected, as the case may be, and shall communicate its decision in writing to each claimant concerned. 2 when the court of wards has admitted any claim under subsection 1, it may make to the claimant a proposal in writing for the reduction of the claim, or of the rate of interest to be paid in future, or of both and, if such proposal, or any modification of it, is accepted by the claimant and his acceptance is finally recorded and attested by the court of wards or by any revenueofficer not being below the rank of an assistant commissioner whom the local government may, by general or special order, appoint in this behalf, it shall be conclusively binding upon the claimant: provided that, if when the superintendence of the property by the court of wards is relinquished or otherwise terminates, any portion of the claim reduced as aforesaid is still unsatisfied, the claimant shall be entitled to recover a sum bearing the same proportion to the original claim admitted under subsection 1 as the unsatisfied portion bears to the reduced claim. 3 subject to the provisions of subsection 2, nothing in this section shall be construed to bar the institution of a suit in a civil court for the recovery of a claim against a government ward or his property which has been submitted to and received by the court of wards: provided that, no decision of the court of wards under this section shall be proved in any such suit as against the defendant.

section 11. of the central provinces court of wards act : no suit shall be brought in any civil court to contest the authority of the court of wards in respect of the property, or of the person and property, of any person under this act on the ground that such person was not, or is not, a landholder or a minor.

section 12. of the central provinces court of wards act : 1 on the issue of a notification under section 10, the court of wards shall publish in the local official gazette and in such other manner as the local government may, by general or special order, direct, a notice, in english and also in the vernacular, calling upon all persons having claims against the government ward or his immoveable property to submit the same in writing to it within six months from the date of the publication of the notice aforesaid. 2 every such claim other than a claim on the part of the government not submitted to the court of wards in compliance with the provisions of subsection 1, shall, save in the case provided for by section 16, subsection 2, clause c, be deemed for all purposes and on all occasions, whether during the continuance of the management or afterwards, to have been duly discharged: provided that, if the court of wards is satisfied that the claimant was unable to comply with the provisions of subsection 1, it may receive his claim at any time after the date of the expiry of the period aforesaid, but any claim so received shall, notwithstanding any law, contract, decree or award to the contrary, cease to carry interest from the date of the expiry of the period aforesaid.

section 18. of the central provinces court of wards act : 1 with the general or special sanction of the local government, the court of wards may, from time to time, delegate all or any of its powers to the deputy commissioner of any district in which any part of the property of a government ward is situated, or to any other person whom it may appoint in this behalf and may, at any time, with the like sanction, revoke such delegation. 2 subject to any general or special orders of the local government, the court of wards may exercise all or any powers conferred on it by this act through the deputy commissioner of any district in which any part of the property of a government ward is situated, or through any other person whom it may appoint in this behalf, and, subject to the like orders, any such deputy commissioner may exercise all or any powers delegated to him under this act through any revenueofficer subordinate to him.

section 13. of the central provinces court of wards act : 1 every claimant submitting his claim in compliance with the provisions of section 12, subsection 1, shall furnish, along with his written statement of claim, full particulars thereof, and shall, at the same time, produce all documents including entries in books of account on which he relies to support his claim, together with a true copy of every such document. 2 the court of wards shall, after making, for the purpose of identification, every original document so produced and verifying the correctness of the copy, retain the copy and return the original to the claimant. 3 if any document, which is in the possession or under the control of the claimant, is not produced by him as required by subsection 1, the document shall not be admissible in evidence against the government ward, whether during the continuance of the management or afterwards, in any suit brought by the claimant or by any person claiming under him.

section 21. of the central provinces court of wards act : subject to the provisions of this act and of any rules thereunder, the court of wards a may, of itself or through the manager if any appointed by it under this act, do all such things requisite for the proper care and management of any property, of which it assumes the superintendence under this act, as the owner of the property, if it were not under the superintendence of the court of wards, might do for its care and management and b may, of itself or through the guardian if any appointed by it under this act, do, in respect of the person of any government ward whose person is, for the time being, under its superintendence, all such things as may lawfully be done by a guardian.

section 16. of the central provinces court of wards act : 1 when all claims have been investigated under section 15, the court of wards shall submit to the local government a schedule of the debts and liabilities of the government ward, and the local government may, when the estate appears to be involved beyond all hope of extrication or for any other sufficient reason, by an order published in the local official gazette, direct that, on a date to be fixed by the order, the superintendence of the property and person of the ward shall be relinquished by the court of wards. 2 on the date so fixed a the superintendence shall terminate b the owner of the property under superintendence shall be restored to the possession thereof, subject to any contracts entered into by the court of wards for the preservation or benefit of such property c the claims referred to in section 12, subsection 2, shall revive. 3 in calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities revived under this section, the time during which such superintendence has continued shall be excluded.

section 17., of managers by court of wards. of the central provinces court of wards act : the court of wards may appoint a manager of the property of any government ward under its superintendence.

section 19., of managers and other servants of court of wards. of the central provinces court of wards act : 1 every manager appointed by the court of wards shall a give such security as the court thinks fit duly to account for what he receives in respect of the rents and profits of the property under his management b be entitled to such allowance as the court thinks fit for his care and pains in the execution of his duties and c be responsible for any loss occasioned to the property under his management by his wilful default or gross negligence. 2 every manager or other servant of the court of wards shall be deemed a public servantsbqts within the meaning of sections 161, 162, 163, 164 and 165 of the indian penal code xlv of and in the definition of legal remuneration contained in the said section 161, the word sbqtsgovernmentsbqts shall, for the purposes of this subsection, be deemed to include the court of wards.

section 20. of the central provinces court of wards act : the court of wards may appoint guardians for the care of the persons of government wards whose persons are, for the time being, under its superintendence.

section 22. of the central provinces court of wards act : the court of wards may pass such orders as it thinks fit in respect of the custody and residence of any government ward whose person is, for the time being, under its superintendence, and, when he is a minor, in respect of his education.

section 23. of the central provinces court of wards act : the court of wards may, from time to time, determine what sums shall be allowed in respect of the expenses of any government ward and of his family and dependants.

section 29. of the central provinces court of wards act : every process which may be issued out of any civil or revenue court against any government ward shall be served on the government wards next friend or guardian for the suit.

section 24. of the central provinces court of wards act : the court of wards, or the manager if any appointed by it under this act, shall manage the property of every government ward under its superintendence or under his management diligently and faithfully for the benefit of the government ward, and shall in every respect act to the best of its or his judgment for the government wards interest as if the property were its or his own.

section 25. of the central provinces court of wards act : the court of wards may let the whole or any part of the property of any government ward under its superintendence, and may, with the previous sanction of the local government, mortgage, sell or exchange the whole or any part of such property, and may do all such other acts as it may judge to be best for the benefit of the property and the advantage of the government ward.

section 30. of the central provinces court of wards act : no suit shall be brought, and no appeal in any suit shall be preferred, on behalf of any government ward unless it is authorized by an order in writing of the court of wards: provided as follows: 1 a manager may authorize a plaint to be filed in order to prevent a suit from being barred by the law of limitation, but the suit shall not afterwards be proceeded with except under the sanction of the court of wards 2 a suit for arrears of rent may be brought on behalf of a government ward, if authorized by an order of the manager of the property on which the rent is due.

section 26. of the central provinces court of wards act : no suit relating to the person or property of any government ward shall be brought in any civil court until the expiration of two months after notice in writing, stating the name and place of abode of the intending plaintiff, the cause of action and the relief claimed, has been delivered to, or left at the office of, the court of wards and the plaint shall contain a statement that such notice has been so delivered or left: provided that notice under this section shall not be required in the case of any suit the period of limitation for which will expire within three months from the date of a notification issued under section 10, subsection 1.

section 31. of the central provinces court of wards act : 1 a government ward shall be incompetent to transfer or create any charge on, or interest in, his property or any part thereof except such interest as may be created by a will made in accordance with section 32, or to enter into any contract which may involve him in pecuniary liability and no suit shall be brought in any civil court whereby to charge any person upon any promise made after he has ceased to be a government ward to pay any debt contracted during the period when he was a government ward, or upon any ratification made after he has ceased to be a government ward of any promise or contract made during the period aforesaid, whether there is or is not any new consideration for such promise or ratification. 2 nothing in this section shall be deemed to affect the capacity of a government ward to enter into a contract of marriage: provided that a government ward shall not incur, in connection with such a contract, any pecuniary liability, except such as, having regard to the personal law to which he is subject and to his rank and circumstances, the court of wards may, in writing, declare to be reasonable.

section 27. of the central provinces court of wards act : in every suit brought by or against a government ward, the manager of the wards property or, if there is no manager, the court of wards having the superintendence of the wards property shall be named as the next friend or guardian for the suit, as the case may be.

section 28. of the central provinces court of wards act : if, in any suit brought by or against a government ward, any civil court decrees any costs against the government wards next friend or guardian for the suit, the court of wards shall cause the costs to be paid out of any property of the government ward which may, for the time being, be in its hands.

section 32. of the central provinces court of wards act : no adoption by a government ward, and no written or verbal permission to adopt given by a government ward, or will made by a government ward, shall be valid without the consent of the local government obtained, either previously or subsequently to the adoption or to the giving of the permission, or the making of the will, on application made to it through the court of wards.

section 39. of the central provinces court of wards act : no suit shall be brought in any civil court in respect of the exercise of any discretion conferred by this act.

section 33. of the central provinces court of wards act : whenever, on the death of any government ward, the succession to his property or any part thereof is disputed, the court of wards may, with the previous sanction of the local government, either direct that the property or the part thereof be made over to any person claiming the property, or retain the superintendence of the property until one of the claimants has established his claim to the same in a competent civil court, or institute a suit of interpleader against all the claimants.

section 34. of the central provinces court of wards act : 1 the court of wards may, with the sanction of the local government, at any time withdraw its superintendence from the person or property, or both, of a government ward, and shall withdraw its superintendence as soon as, a in the case of a person disqualified under clause a of section 5, subsection 1, he attains his majority b in the case of a person disqualified under clause b of the same, he ceases to be of unsound mind and incapable of managing his affairs c in the case of a person disqualified under subclause i of clause c of the same, his physical or mental defect or infirmity is removed or ceases: provided as follows: i whenever a government ward lies or ceases to be disqualified and his property is still encumbered with debts and liabilities, the court of wards may, with the previous sanction of the local government, either release such property or retain it under its superintendence until such debts and liabilities have been discharged and, ii if one or more of the proprietors of a property remain disqualified, although another or others may have ceased to be disqualified, the court of wards may, with the previous sanction of the local government, retain the whole of the property under its superintendence, paying any proprietor who has ceased to be disqualified, the surplus income accruing from his share of the estate. 2 where any question arises as to whether the superintendence of the court of wards should be withdrawn from any person or property, or both, under clause a, or from any property under clause c, of subsection 1, the decision of the local government thereon shall be final, and no suit shall be brought in any civil court in respect of such decision.

section 35. of the central provinces court of wards act : 1 where, in exercise of the power conferred by section 34, the court of wards decides to withdraw its superintendence from the person and property of any minor, it shall, before such withdrawal, by an order in writing, appoint some person to be guardian of the person or property, or both, of the minor, and such appointment shall take effect from the date of such release. 2 in appointing a guardian under this section, the court of wards shall be guided by the provisions of the guardians and wards act, viii of and every guardian so appointed shall have, and be subject to, the same rights, duties and liabilities as if he had been appointed under that act.

section 40. of the central provinces court of wards act : 1 the local government may make rules to carry out the purposes and objects of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a prescribe the matters to which regard should be had in appointing or removing guardians and managers, and in fixing their remuneration b regulate the amount of security to be given by managers c prescribe the cases in which proposals or arrangements connected with the administration of the properties of government wards shall be reported for the sanction of the local government d prescribe the accounts and other returns which, and the periods and form at and in which, they shall be rendered to the court of wards and by the court of wards to the local government e regulate the custody of securities and titledeeds belonging to the estate or property of a government ward f regulate the procedure in inquiries by, and in appeals from orders of, the court of wards under this act, and fix the periods of limitation which shall apply to such appeals g confer upon the court of wards for the purposes of this act any of the powers exercised by a civil court in the trial of suits h prescribe the mode in which powers delegated to managers are to be notified for the information of persons concerned and i generally prescribe the manner in which the powers and duties of the court of wards under this act shall be exercised and performed. 3 all rules made under this section shall be published in the local official gazette, and shall on such publication have effect as if enacted by this act.

section 36. of the central provinces court of wards act : where the court of wards withdraw its superintendence from any person or property under this act, the fact of such withdrawal shall be notified in the local official gazette.

section 41. of the central provinces court of wards act : the enactments mentioned in the schedule are repealed to the extent specified in the fourth column thereof.

section 37. of the central provinces court of wards act : an appeal shall lie from every order passed under this act, whether original or on appeal, a if the order is that of a commissioner, to the local government b if the order is that of a deputy commissioner, to the commissioner c in all other cases, to the deputy commissioner: provided that in no case shall a third appeal lie.

section 38. of the central provinces court of wards act : all orders or proceedings under this act shall be subject to the supervision and control of the local government and the local government may, if it thinks fit, revise, modify or reverse any such order or proceeding, whether an appeal is presented against any such order or proceeding or not.

section 8. of the coastal aquaculture authority act : no act or proceeding of the authority shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure adopted by the authority not affecting the merits of the case.

section 1. of the coastal aquaculture authority act : show related subordinates 1 this act may be called the coastal aquaculture authority act, . 2 provisions of section 27 shall come into force at once and the remaining provisions of this act shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1.16th december, , ss. 2 to 26 both inclusive, vide notification no. s.o. e, dated 16th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the coastal aquaculture authority act : 1 in this act, unless the context otherwise requires, a authority means the coastal aquaculture authority established under subsection 1 of section 4 b chairperson means the chairperson of the authority c coastal aquaculture means culturing, under controlled conditions in ponds, pens, enclosures or otherwise, in coastal areas, of shrimp, prawn, fish or any other aquatic life in saline or brackish water but does not include fresh water aquaculture d coastal area means the area declared as the coastal regulation zone, for the time being, in the notification of the government of india in the ministry of environment and forests department of environment, forests and wildlife no. s.o. 114e, dated the 19th february, and includes such other area as the central government may, by notification in the official gazette, specify e member means the member of the authority appointed under subsection 3 of section 4 and includes the chairperson and the membersecretary f prescribed means prescribed by rules made under this act g regulations means the regulations made by the authority under this act. 2 words and expressions used herein and not defined but defined in the environment protection act, 29 of shall have the meanings respectively assigned to them in that act.

section 7. of the coastal aquaculture authority act : 1 the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum thereat as may be specified by regulations. 2 if for any reason the chairperson is unable to attend any meeting of the authority any other member chosen by the members present at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting and in the event of an equality of votes, the chairperson or in his absence the person presiding, shall have and exercise a second or casting vote.

section 3. of the coastal aquaculture authority act : the central government shall take all such measures as it deems necessary or expedient for regulation of coastal aquaculture by prescribing guidelines, to ensure that coastal aquaculture does not cause any detriment to the coastal environment and the concept of responsible coastal aquaculture contained in such guidelines shall be followed in regulating the coastal aquaculture activities to protect the livelihood of various sections of the people living in the coastal areas.

section 4. of the coastal aquaculture authority act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act an authority to be called the coastal aquaculture authority. 2 the head office of the authority shall be at such place as the central government may decide. 3 the authority shall consist of the following members who shall be appointed by the central government, namely: a the chairperson who is, or has been, a judge of a high court b one member who is an expert in the field of coastal aquaculture c one member who is an expert in the field of coastal ecology nominated by the department of ocean development of the central government d one member who is an expert in the field of environment protection or pollution control nominated by the ministry of environment and forests of the central government e one member to represent the ministry of agriculture of the central government f one member to represent the ministry of commerce of the central government g four members to represent the coastal states on rotation basis h one membersecretary. 4 the term of office of the chairperson and every other member shall be three years. 5 the salaries and allowances payable to, and the other terms and conditions of service of, the members shall be such as may be prescribed.

section 10. of the coastal aquaculture authority act : all orders, decisions and other instruments of the authority shall be authenticated under the signature of the chairperson or any other member or any officer of the authority authorised by the chairperson in this behalf.

section 5. of the coastal aquaculture authority act : a person shall be disqualified for being appointed as a member if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a corporation owned or controlled by the government or e has, in the opinion of the central government, such financial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member.

section 13. of the coastal aquaculture authority act : 1 save as otherwise provided in this section, no person shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal aquaculture in the traditional coastal aquaculture farm which lies within the coastal regulation zone referred to in subsection 9 and is not used for coastal aquaculture purposes on the appointed day unless he has registered his farm with the authority under subsection 5 or in pursuance of subsection 9, as the case may be. 2 notwithstanding anything contained in subsection 1, a person engaged in coastal aquaculture, immediately before the appointed day, may continue to carry on such activity without such registration for a period of three months from that day and if he makes an application for such registration under subsection 4 within the said period of three months, till the communication to him of the disposing of such application by the authority 3 the registration made under subsection 5 or in pursuance of subsection 9 a shall be valid for a period of five years b may be renewed from time to time for a like period and c shall be in such form and shall be subject to such conditions as may be specified by the regulations. 4 a person who intends to carry on coastal aquaculture shall make an application for registration of his farm before the authority in such form accompanied with such fees as may be prescribed for the purpose of registration under subsection 5. 5 on receipt of an application for registration of a farm under subsection 4, the authority shall consider the application in the prescribed manner and after considering the application either register the farm or reject the application: provided that the authority shall not reject the application without recording the reason for such rejection. 6 the authority shall, after registering a farm under subsection 5, issue a certificate of registration in the prescribed form to the person who has made the application for such registration. 7 in the case of a farm comprising more than two hectares of water spread area, no application for registration to commence any activity connected with coastal aquaculture shall be considered under subsection 5 unless the authority, after making such inquiry as it thinks fit, is satisfied that registration of such farm shall not be detrimental to the coastal environment. 8 notwithstanding anything contained in this section, a no coastal aquaculture shall be carried on within two hundred metres from high tide lines and b no coastal aquaculture shall be carried on in creeks, rivers and backwaters within the coastal regulation zone declared for the time being under the environment protection act, 29 of : provided that nothing in this subsection shall apply in the case of a coastal aquaculture farm which is in existence on the appointed day and to the noncommercial and experimental coastal aquaculture farms operated or proposed to be operated by any research institute of the government or funded by the government: provided further that the authority may, for the purposes of providing exemption under the first proviso, review from time to time the existence and activities of the coastal aquaculture farms and the provisions of this section shall apply on coastal aquaculture farms in view of such review. explanation. for the purposes of this subsection, high tide line means the line on the land up to which the highest water line reaches during the spring tide. 9 notwithstanding anything contained in this section, any traditional coastal aquaculture farm which lies within the coastal regulation zone declared by the notification of the government of india in the ministry of environment and forest department of environment, forests and wildlife no.s.o.114e, dated the 19th february, and is not used for coastal aquaculture purposes on the appointed day shall be registered under subsection 5 by producing before the authority, by the person who is the owner of such farm, the documentary proof of such ownership failing which such farm shall not be registered under subsection 5 and if such person after such registration does not utilise such farm, within one year, for coastal aquaculture purposes, the registration shall be cancelled by the authority. 10 a person, who intends to renew the registration of a farm made under subsection 5 or in pursuance of subsection 9, may make an application within two months before the expiry of such registration to the authority in the prescribed form accompanied with the prescribed fees and the authority shall, after receiving such application, renew the registration and for such purpose make an entry with its seal on the registration certificate relating to such form issued under subsection 6. 11 the authority may refuse to renew the registration of a farm under subsection 10 if the authority is satisfied that the person to whom such registration is made has failed to utilise such farm for coastal aquaculture purposes or without any reasonable cause has violated any provision of this act or the rules or regulations made there under or any direction or order made by the authority in pursuance of section 11: provided that such refusal to renew the registration shall not be made without providing such person an opportunity of being heard. explanation 1.for the purposes of this section, appointed day means the date of establishment of the authority. explanation 2.for the removal of doubts, it is hereby declared that the expression to renew the registration used in subsections 10 and 11 shall be construed to include further renewal of the registration.

section 6. of the coastal aquaculture authority act : subject to subsection 5 of section 4, any person ceasing to be a member shall be eligible for reappointment as such member for not more than two consecutive terms.

section 9. of the coastal aquaculture authority act : 1 for the purposes of discharging its functions, the authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be specified by the regulations. 2 the authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary on such terms and conditions as may be specified by the regulations.

section 11. of the coastal aquaculture authority act : 1 subject to any guidelines issued by the central government under section 3, the authority shall exercise the following powers and perform the following functions, namely: a to make regulations for the construction and operation of aquaculture farms within the coastal areas b to inspect coastal aquaculture farms with a view to ascertaining their environmental impact caused by coastal aquaculture c to register coastal aquaculture farms d to order removal or demolition of any coastal aquaculture farms which is causing pollution after hearing the occupier of the farm and e to perform such other functions as may be prescribed. 2 where the authority orders removal or demolition of any coastal aquaculture farm under clause d of subsection 1, the workers of the said farm shall be paid such compensation as may be settled between the workers and the management through an authority consisting of one person only to be appointed by the authority and such authority may exercise such powers of a district magistrate for such purpose, as may be prescribed.

section 16. of the coastal aquaculture authority act : the central government may, after due appropriation made by parliament, by law, in this behalf, pay to the authority in each financial year such sums as may be considered necessary for the performance of functions of the authority under this act.

section 12. of the coastal aquaculture authority act : subject to any rule made in this behalf, any person generally or specially authorised by the authority in this behalf, may, wherever it is necessary to do so for any purposes of this act, at all reasonable times, enter on any coastal aquaculture land, pond, pen or enclosure and a make any inspection, survey, measurement, valuation or inquiry b remove or demolish any structure therein and c do such other acts or things as may be prescribed: provided that no such person shall enter on any coastal aquaculture land, pond, pen or enclosure without giving the occupier of such aquaculture land, pond, pen or enclosure at least twentyfour hours notice in writing of his intention to do so.

section 14. of the coastal aquaculture authority act : if any person carries on coastal aquaculture or traditional coastal aquaculture or causes the coastal aquaculture or traditional coastal aquaculture to be carried on in contravention of subsection 1 of section 13, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees, or with both.

section 19. of the coastal aquaculture authority act : the authority shall prepare once in every calendar year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before both houses of parliament.

section 15. of the coastal aquaculture authority act : no court shall take cognizance of an offence under section 14 without a written complaint filed by an officer of the authority authorised in this behalf by it.

section 17. of the coastal aquaculture authority act : 1 the authority shall have its own fund and all sums which may, from time to time, be paid to it by the central government and all the receipts of the authority including any sum which any state government or any other authority or person may hand over to the authority shall be credited to the fund and all payments by the authority shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the authority. 3 the authority may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the authority.

section 18. of the coastal aquaculture authority act : the authority shall prepare, in such form and at such time each year as may be prescribed, a budget, in respect of the financial year next ensuing, showing the estimated receipts and expenditure and copies thereof shall be forwarded to the central government.

section 20. of the coastal aquaculture authority act : 1 the authority shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed. 2 the authority shall, as soon as may be, after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the comptroller and auditorgeneral of india by such date, as the central government may, in consultation with the comptroller and auditorgeneral of india, determine. 3 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such times and in such manner as he thinks fit. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 21., to be public servants. of the coastal aquaculture authority act : the chairperson and other members and the officers and other employees of the authority and the authority appointed by the authority shall be deemed to be public servants within the meaning of section 21 of the india penal code 45 of .

section 22. of the coastal aquaculture authority act : no suit, prosecution or other legal proceeding shall lie against the central government or the authority or the chairperson and other members of the authority or the authority appointed by the authority or any person authorised by the authority or any officer authorised by the chairperson for anything which is in good faith done or intended to be done in pursuance of this act or any rule or regulation or order made thereunder.

section 23. of the coastal aquaculture authority act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of the period of two years from the date of the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 27. of the coastal aquaculture authority act : 1 notwithstanding anything contained in clause v of subsection 2 of section 3 of the environment protection act, 29 of or clause d of subrule 3 of rule 5 of the environment protection rules, , in the notification of the government of india in the ministry of environment and forests department of environment, forests and wildlife no. s.o.114e, dated the 19th february, hereafter referred to in this section as the said notification, in paragraph 2, after subparagraph xiii, the following subparagraph shall be inserted and shall always be deemed to have been inserted with effect from the 19th day of february, , namely: xiv nothing contained in this paragraph shall apply to coastal aquaculture. 2 the said notification shall have and shall be deemed always to have effect for all purposes as if the foregoing provisions of this section had been in force at all material times and accordingly notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, no coastal aquaculture carried on or undertaken or purporting to have been carried on or undertaken shall deemed to be in contravention of the said notification and shall be deemed to be and to have always been for all purposes in accordance with law, as if the foregoing provisions of this section had been in force at all material times and notwithstanding anything as aforesaid and without prejudice to the generality of the foregoing provisions, no suit or other proceeding shall be maintained or continued in any court for the enforcement of any direction given by any court of any decree or order directing the removal or closure of any coastal aquaculture farms activity or demolition of any structure connected thereunder which would not have been so required to be removed, closed or demolished if the foregoing provisions of this section had been in force at all material times.

section 24. of the coastal aquaculture authority act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the guidelines under section 3 b the salaries and allowances payable to, and the other terms and conditions of service of, the members under subsection 5 of section 4 c the other functions of the authority under clause e of subsection 1 of section 11 d the powers of a district magistrate to be exercised by the authority under subsection 2 of section 11 e the rules subject to which any person referred to in section 12 may enter upon any coastal aquaculture land, pond, pen or enclosure under that section f the other acts or things under clause c of section 12 g the form of application and the fees to be accompanied therewith under subsection 4 of section 13 h the manner of considering application under subsection 5 of section 13 i the form of certificate of registration under subsection 6 of section 13 j the form of application and the fees to be accompanied therewith under subsection 10 of section 13 k the form and time of preparing budget under section 18 l the form and time of preparing annual report under section 19 m the books of account and other books to be maintained in relation to the accounts of the authority and the form and manner of maintaining such books of account and other books under subsection 1 of section 20 n any other matter which is required to be, or may be, prescribed.

section 26. of the coastal aquaculture authority act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 25. of the coastal aquaculture authority act : 1 the authority may, by notification in the official gazette, make regulations not inconsistent with the provisions of this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: a the times and places of the meetings of the authority and the rules of procedure to be observed in regard to the transaction of business at its meetings including quorum thereat under subsection 1 of section 7 b the terms and conditions of appointment of the officers and other employees under subsection 1 section 9 c the terms and conditions of appointment of adviser or consultant under subsection 2 of section 9 d for the construction and operation of coastal aquaculture farms within the coastal areas under clause a of subsection 1 of section 11 e the form and conditions of registration under clause c of subsection 3 of section 13 f generally for better regulation of the coastal aquaculture.

section 8. of the food corporations act : a person shall be disqualified for being appointed as, and for being, a director of the corporation a if he is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors or b if he is of unsound mind and stands so declared by a competent court or c if he is or has been convicted of any offence which in the opinion of the central government involves moral turpitude or d if he has been removed or dismissed from the service of the government or a corporation owned or controlled by the government or e except in the case of the chairman or the managing director, if he is a salaried official of the food corporation of india or a state food corporation.

section 1. of the food corporations act : show related subordinates 1 this act may be called the food corporations act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date 2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 67 of , s. 2 w.e.f. . 2 17th december, , vide notification no. g.s.r. , dated 16th december, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 7. of the food corporations act : 1 the board of directors of the corporation shall consist of the following, namely: a a chairman b three directors to represent respectively the ministries of the central government dealing with i food, ii finance, and iii cooperation c the managing director of the central warehousing corporation established under section 3 of the warehousing corporations act, 8 of , ex officio d a managing director e six other directors. 2 all the directors of the corporation other than the director referred to in clause c of subsection 1 shall be appointed by the central government. 3 the managing director, shall a exercise such powers and perform such duties as the board of directors may entrust or delegate to him and b receive such salary and allowances as the board of directors may, with the approval of the central government, fix: provided that the first managing director shall receive such salary and allowances as the central government may fix. 4 the term of office of, and the manner of filling casual vacancies among, the directors of the corporation, other than the director referred to in clause c of subsection 1, and the other terms and conditions of appointment of the directors of the corporation shall, subject to the provisions of subsection 3, be such as may be prescribed.

section 2. of the food corporations act : in this act, unless the context otherwise requires, a corporation means the food corporation of india established under section 3 b food corporation means the food corporation of india established under section 3 or a state food corporation established under section 17 1 bb foodstuffs includes edible oilseeds and oils c prescribed means prescribed by rules made under this act d scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of e state food corporation means a state food corporation established under section 17 f year means the financial year. 1. ins. by s. act 67 of , s. 3 w.e.f. .

section 5. of the food corporations act : 1 the original capital of the corporation shall be such sum not exceeding one hundred crores of rupees as the central government may fix. 2 the central government may from time to time increase the capital of the corporation to such extent and in such manner as that government may determine. 3 such capital may be provided by the central government from time to time after due appropriation made by parliament by law for the purpose and subject to such terms and conditions as may be determined by that government.

section 10. of the food corporations act : 1 the board of directors of the corporation shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the corporation under this act. 2 the chairman of the board or, if for any reason he is unable to attend any meeting, any other director elected by the directors present at the meeting, shall preside at the meeting. 3 all questions which come up before any meeting of the board shall be decided by a majority of the votes of the directors present and voting, and, in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

section 3. of the food corporations act : 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, the central government shall establish for the purposes of this act a corporation known as the food corporation of india. 2 the corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued.

section 4. of the food corporations act : 1 the head office of the corporation shall be at madras or at such other place as the central government may, by notification in the official gazette, specify. 1 2 the corporation may establish offices or agencies at other places in or outside india: provided that no such office or agency shall be established at any place outside india without the previous approval of the central government. 1. subs. by s. 4, ibid., for subsection 2 w.e.f. .

section 6. of the food corporations act : 1 the general superintendence, direction and management of the affairs and business of the corporation shall vest in a board of directors which may exercise all such powers and do all such acts and things as may be exercised or done by the corporation under this act. 2 the board of directors, in discharging its functions, shall act on business principles having regard to the interests of the producer and consumer and shall be guided by such instructions on questions of policy as may be given to it by the central government. 3 if any doubt arises as to whether a question is or is not a question of policy, the decision of the central government thereon shall be final.

section 9. of the food corporations act : 1 the central government may, at any time, after consultation with the corporation, remove the managing director from office after giving him a reasonable opportunity of showing cause against the proposed removal. 2 the board of directors may remove any director from office who a is or has become subject to any of the disqualifications mentioned in section 8 or b is absent without leave of the board of directors from more than three consecutive meetings thereof without cause sufficient, in the opinion of the board, to exonerate his absence. 3 a director of the corporation may resign his office by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his office.

section 14. of the food corporations act : 1 the board of directors of the corporation may constitute an executive committee which shall consist of a the chairman of the board b the managing director and c three other directors, of whom one shall be a nonofficial. 2 the chairman of the board of directors shall be the chairman of the executive committee. 3 subject to the general control, direction and superintendence of the board of directors, the executive committee shall be competent to deal with any matter within the competence of the corporation. 4 the board of directors may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit, for such purposes as it may decide. 5 a committee constituted under this section shall meet at such times and places and shall observe such rules of procedure in reward to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the corporation under this act. 6 the members of a committee other than the directors of the board shall be paid by the corporation such fees and allowances as may be fixed by it by regulations made under this act for attending the meetings of the committee and for attending to any other work of the corporation.

section 11. of the food corporations act : 1 the central government may, in consultation with the corporation, by notification in the official gazette, constitute one or more advisory committees consisting of such persons and on such terms and conditions as may be prescribed. 2 it shall be the duty of any such advisory committee to advice the central government or the corporation in regard to any matter connected with the purposes of this act in respect of which its advice is sought by the central government, or, as the case may be, by the corporation. 3 the expenses in relation to the advisory committees shall be met by the corporation.

section 12. of the food corporations act : 1 the central government shall after consultation with the corporation, appoint a person to be the secretary of the corporation. 2 subject to such rules as may be made by the central government in this behalf, the corporation may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. 3 the methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the corporation shall a as respects the secretary, be such as may be prescribed b as respects the other officers and employees, be such as may be determined by regulations made by the corporation under this act.

section 17. of the food corporations act : 1 the central government may, by notification in the official gazette and after consultation with the government of a state, establish a food corporation for that state under such name as may be specified in the notification. 2 a state food corporation established under subsection 1 shall be a body corporate by the name notified under that subsection, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue and be sued. 3 the head office of a state food corporation shall be at such place within the state as may be notified by the central government in the official gazette. 4 subject to the provisions of this act, a state food corporation may perform such of the functions of the food corporation of india as that corporation may delegate to it.

section 12a. of the food corporations act : 112a. special provisions for transfer of government employees to the corporation in certain cases.1 where the central government has ceased or ceases to perform any functions which under section 13 are functions of the corporation, it shall be lawful for the central government to transfer, by order and with effect from such date or dates which may be either retrospective to any date not earlier than the 1st january, , or prospective as may be specified in the order, to the corporation any of the officers or employees serving in the department of the central government dealing with food or any of its subordinate or attached offices and engaged in the performance of those functions: provided that no order under this subsection shall be made in relation to any officer or employee in such department or office who has, in respect of the proposal of the central government to transfer such officer or employee to the corporation, intimated within such time as may be specified in this behalf by that government, his intention of not becoming an employee of the corporation. 2 in making an order under subsection 1, the central government shall, as far as may be, take into consideration the functions which the central government has ceased or ceases to perform and the areas in which such functions have been or are performed. 3 an officer or other employee transferred by an order made under subsection 1 shall, on and from the date of transfer, cease to be an employee of the central government and become an employee of the corporation with such designation as the corporation may determine and shall, 2subject to the provisions of subsections 4, 4a, 4b, 4c, 5 and 6, be governed by the regulations made by the corporation under this act as respects remuneration and other conditions of service including pension, leave and provident fund, and shall continue to be an officer or employee of the corporation unless and until his employment is terminated by the corporation. 4 every officer or other employee transferred by an order made under subsection 1 shall, within six months from the date of transfer, exercise his option in writing to be governed, a by the scale of pay applicable to the post held by him under the government immediately before the date of transfer or by the scale of pay applicable to the post under the corporation to which he is transferred, b by the leave, provident fund, retirement or other terminal benefits admissible to employees of the central government in accordance with the rules and others of the central government as amended from time to time or the leave, provident fund or other terminal benefits admissible to the employees of the corporation under the regulations made by the corporation under this act, and such option once exercised shall be final: provided that the option exercised under clause a shall be applicable only in respect of the post to which such officer or employee is transferred to the corporation and on appointment to a higher post under the corporation, he shall be eligible only for the scale of pay applicable to such higher post: provided further that if immediately before the date of his transfer any such officer or employee is officiating in a higher post under the government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the government to which he would have reverted or to the scale of pay applicable to the post under the corporation to which he is transferred, whichever he may opt: provided also that when an officer or other employee serving in the department of the ministry of the central government dealing with food or in any of its attached or subordinate offices is promoted to officiate in a higher post in the department or office subsequent to the transfer to the corporation of any other officer or employee senior to him in that department or office before such transfer, the officer or other employee who is promoted to officiate in such higher post shall, on transfer to the corporation, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under the corporation to which he is transferred, whichever he may opt. 34a notwithstanding anything contained in subsection 4, a every officer or other employee in respect of whom an order of transfer under subsection 1 had been made before the date of commencement of the food corporations amendment act, hereafter in this section referred to as the appointed day shall, whether or not he had exercised the option under subsection 4 before the appointed day, exercise such option within six months from the appointed day and b every officer or other employee in respect of whom an order of transfer under subsection 1 may be made after the appointed day shall, within six months from the date of such order, exercise his option under subsection 4, and in each such case such option once exercised shall be final: provided that where an officer or other employee having exercised an option under subsection 4 before the appointed day, i has died or retired before the appointed day, or dies or retires after the appointed day, before exercising the option as required by this subsection, or ii does not exercise the option as required by this subsection, the option already exercised by him shall be deemed to have been validly exercised by him under subsection 4. 4b where an officer or other employee a has died or retired, or dies or retires, after an order of transfer under subsection 1 in respect of such officer or other employee is made but before exercising the option under subsection 4 or, as the case may be, as required by subsection 4a or b has died or retired, or dies or retires, before an order of transfer under subsection 1 in respect of such officer or other employee is made, he shall, notwithstanding anything contained in subsection 4 or subsection 4a, i in a case falling under clause a, be deemed to have exercised an option under subsection 4 and ii in a case falling under clause b, be deemed to have been transferred under subsection 1 and exercised an option under subsection 4, to be governed by the leave, provident fund, retirement or other terminal benefits admissible to the employees of the central government in accordance with the rules and orders of the central government as amended from time to time: provided that nothing in clause a of this subsection shall apply to an officer or other employee who has, before the appointed day been paid the terminal benefits as admissible to the employees of the corporation under the regulations made by the corporation under this act, unless such officer or other employee refunds in a lump sum within six months from the appointed day the amount of contributions made by the corporation towards such terminal benefits: provided further that nothing in clause b of this subsection shall apply to an officer or other employee who has intimated, under the proviso to subsection 1, his intention of not becoming an employee of the corporation. 4c where an officer or other employee has exercised an option under subsection 4, or exercises, or is deemed to have exercised, an option under that subsection, read with subsection 4a or subsection 4b, to be governed by the leave, provident fund, retirement or other terminal benefits admissible to the employees of the central government, such benefits shall be calculated on the basis of the pay and allowances drawn by him in the corporation. 5 no officer or other employee transferred by an order made under subsection 1, a shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the corporation as may be specified in the regulations made by the corporation under this act 4b shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: 5provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: 6provided further that this clause shall not apply, i where an officer or employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge or ii where the authority empowered to dismiss or remove an officer or employee or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry or iii to an officer or employee who, after transfer to the corporation, is appointed to a higher post under the corporation in response to an open advertisement and in competition with outsiders. 6 if, in respect of any such officer or employee as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in subsection 5, the decision thereon of the authority empowered to dismiss or remove him or to reduce him in rank shall be final. 7 nothing contained in subsection 1 shall apply to the members of the central secretariat service or any other service or to persons on deputation to the department referred to in that subsection or to any of its attached or subordinate offices from any ministry of the central government or from any state government or from any organisation. 1. ins. by act 57 of , s. 2 w.e.f . 2. subs. by act 12 of , s. 2, for subject to the provisions of subsections 4, 5 and 6 w.e.f. . 3. ins. by act 12 of , s. 2 w.e.f. . 4. subs. by act 53 of , s. 2, for clause b w.e.f. . 5. the proviso ins. by s. 2, ibid. w.e.f. . 6. subs. by s. 2, ibid., for provided that w.e.f. .

section 13. of the food corporations act : 1 subject to the provisions of this act, it shall be the primary duty of the corporation to undertake the purchase, storage, movement, transport, distribution and sale of foodgrains and other foodstuffs. 2 subject as aforesaid, the corporation may also, with the previous approval of the central government, a promote by such means as it thinks fit the production of foodgrains and other foodstuffs b set up, or assist in the setting up of, rice mills, flour mills and other undertakings for the processing of foodgrains and other foodstuffs, and c discharge such other functions as may be prescribed or as are supplemental, incidental or consequential to any of the functions conferred on it under this act.

section 19. of the food corporations act : 1 the general superintendence, direction and management of the affairs and business of a state food corporation shall vest in a board of directors which shall consist of a chairman, a general manager and not more than ten other members, all of whom shall be appointed by the food corporation of india after consultation with the central government and the state government. 2 the general manager shall a exercise such powers and perform such duties as the board of directors may entrust or delegate to him and b receive such salary and allowances and be governed by such terms and conditions of service as the board of directors may, in consultation with the food corporation of india, fix. 3 the board of directors, in discharging its functions, shall act on business principles having regard to the interests of the producer and consumer and shall be guided by such instructions on questions of policy as may be given to it by the food corporation of india. 4 if any doubt arises as to whether a question is or is not a question of policy, the matter shall be referred to the central government whose decision thereon shall be final. 5 the members of the board of directors, other than the general manager, shall be entitled to receive by way of remuneration or fees such sums as may be prescribed: provided that no official member shall be entitled to receive any remuneration other than any allowances admissible to him under the rules regulating his conditions of service. 6 the term of office of, and the manner of filling casual vacancies among, the members of the board of directors shall be such as may be prescribed.

section 15. of the food corporations act : a member of the board of directors of the corporation or a committee thereof who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board of directors or committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the board or the committee, as the case may be, and the member shall not take any part in any deliberation or decision of the board or committee with respect to that matter.

section 16. of the food corporations act : 1 the central government may, on a request received in this behalf from the state government or governments concerned or otherwise, by notification in the official gazette, establish a board of management for a state or two or more contiguous states, if no state food corporation is functioning in such state or states. 2 the head office of the board of management shall be at such place as the central government may, by notification in the official gazette, specify. 3 the board of management shall consist of a a chairman to be appointed by the board of directors of the food corporation of india b the seniormost executive officer of the said corporation employed at the head office of the board of management and c not more than ten other members to be appointed by the board of directors of the said corporation. 4 the members of a board of management referred to in clauses a and c of subsection 3 shall hold office for a term of two years and shall be eligible for reappointment and the other terms and conditions of their appointment shall be such as may be prescribed. 5 the board of management shall advise the corporation on such matters as may be generally or specifically referred to it and shall perform such other functions as the corporation may delegate to it. 6 the provisions of sections 20, 21 and 25 shall, so far as may be, apply in relation to the members of a board of management as they apply in relation to the members of the board of directors of a state food corporation: provided that the reference to the general manager in clause e of section 20 shall be construed as a reference to the officer of the corporation referred to in clause b of subsection 3. 7 the food corporation of india may, after consultation with a board of management, appoint such staff as it considers necessary to enable that board to perform its functions under this act. 8 the board of management may, by order in writing, authorise any one or more of its members to exercise and perform, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions as it may think fit. 9 the board of management shall follow such procedure as may be provided by regulations made by the food corporation of india under this act. 10 where a board of management has been established i for a state, or ii for two or more states, then such board shall stand dissolved a in the case referred to in clause i, on the establishment of a food corporation for that state, and b in the case referred to in clause ii, on the establishment of such corporation for any one or more of such states. 11 where a board of management stands dissolved under clause b of subsection 10, the central government may establish a new board of management for the state or states for which no food corporation has been established. 12 the expenses of the board of management in the discharge of its functions under this act shall be met by the food corporation of india.

section 18. of the food corporations act : 1 the capital of a state food corporation shall be such sum not exceeding ten crores of rupees as the central government may, after consultation with the food corporation of india, fix. 2 the central government may, after such consultation, from time to time, increase the capital of the state food corporation to such extent and in such manner as that government may determine. 3 such capital shall be provided a by the central government after due appropriation made by parliament by law for the purpose, and b by the food corporation of india, in such proportion and subject to such terms and conditions as may be determined by the central government.

section 20. of the food corporations act : a person shall be disqualified for being appointed as, and for being, a member of the board of directors of a state food corporation a if he is, or at any time has been adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors or b if he is of unsound mind and stands so declared by a competent court or c if he is or has been convicted of any offence which in the opinion of the central government involves moral turpitude or d if he has been removed or dismissed from the service of the government or a corporation owned or controlled by the government or e except in the case of the chairman or the general manager, if he is a salaried official of the food corporation of india or a state food corporation.

section 27. of the food corporations act : 101 a food corporation may, for the purpose of carrying out its functions under this act a take advances against stocks of foodgrains or other foodstuffs held by it, or borrow money i from any scheduled bank, or ii from any other bank or financial institution approved by the central government in this behalf, or iii from any other authority, organisation or institution or from the public on such terms and conditions as may be approved by the central government or b issue and sell bonds and debentures carrying interest at such rates as may be fixed by the central government at the time the bonds or debentures are issued: 2provided that the amount borrowed by a food corporation under clause b shall not at any time exceed ten times the paidup capital and the reserve fund established under section 33. 2 the central government may guarantee the loans and advances taken by a food corporation under subsection 1 as to the repayment of principal and the payment of interest thereon and other incidental charges. 33 a food corporation may, for the purpose of carrying out its functions under this act, also borrow money from the central government and that government may, after due appropriation made by parliament by law in this behalf, pay to the food corporation such sums of money by way of loan on such terms and conditions as that government may determine. 1. subs. by act 36 of , s. 2, for subsection 1 w.e.f. . 2. subs. by act 27 of , s. 2, for the proviso w.e.f. . 3. ins. by act 67 of , s. 5 w.e.f. .

section 21. of the food corporations act : 1 the food corporation of india may, at any time, after consultation with the state food corporation, remove the general manager from office after giving him a reasonable opportunity of showing cause against the proposed removal. 2 the board of directors of a state food corporation may remove from office any member of that board who a is or has become subject to any of the disqualifications mentioned in section 20 or b is absent without leave of the board of directors from more than three consecutive meetings thereof without cause sufficient, in the opinion of the board, to exonerate his absence. 3 a member of such board may resign his office by giving notice thereof in writing to the food corporation of india and on such resignation being accepted, he shall be deemed to have vacated his office.

section 22. of the food corporations act : 1 the board of directors of a state food corporation shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by that corporation under this act. 2 the chairman of the board of directors, or, if for any reason he is unable to attend any meeting, any other member of the board elected by the members of the board present at the meeting, shall preside at the meeting. 3 all questions which come up before any meeting of the board of directors shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairman or in his absence, the person presiding shall have and exercise a second or casting vote.

section 23. and their conditions of service. of the food corporations act : 1 a state food corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions. 2 every person employed by a state food corporation under this act shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations made by the corporation under this act.

section 24. of the food corporations act : 1 the board of directors of a state food corporation may constitute an executive committee which shall consist of a the chairman of the board of directors b the general manager and c three other members of the board of directors, of whom one shall be a nonofficial. 2 the chairman of the board of directors shall be the chairman of the executive committee. 3 subject to the general control, direction and superintendence of the board of directors, the executive committee shall be competent to deal with any matter within the competence of the state food corporation. 4 the board of directors may constitute such other committees, whether consisting wholly of members of the board or wholly of other persons or partly of such members and partly of other persons as it thinks fit, for such purposes as it may decide. 5 a committee constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the state food corporation under this act. 6 the members of a committee other than the directors of the board shall be paid by the state food corporation such fees and allowances as may be fixed by it by regulations made under this act, for attending the meetings of the committee and for attending to any other work of that corporation.

section 25. of the food corporations act : a member of the board of directors of a state food corporation or a committee thereof who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board of directors or committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the board or the committee, as the case may be, and the member shall not take any part in any deliberation or decision of the board or the committee with respect to that matter.

section 26. of the food corporations act : 1 a food corporation shall, before the commencement of each year, prepare a statement of programme of its activities during the forthcoming year as well as a financial estimate in respect thereof. 2 the statement prepared under subsection 1 shall not less than three months before the commencement of each year, be submitted for approval a in the case of the food corporation of india, to the central government b in the case of a state food corporation, to the food corporation of india. 3 the statement and the financial estimate of a food corporation referred to in subsection 1 may, with the approval of the central government, in the case of the food corporation of india, or with the approval of the food corporation of india in the case of a state food corporation, be revised by the food corporation.

section 34. of the food corporations act : 134. accounts and audit.1 a food corporation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of a food corporation shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the food corporation to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of a food corporation shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any office of the food corporation. 4 the accounts of a food corporation as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually by the comptroller and auditorgeneral of india to, i the food corporation concerned ii where the accounts relate to a state food corporation, also to the food corporation of india iii the central government, and that government shall, as soon thereafter as may be, cause the same to be laid before both houses of parliament. 1. subs. by act 12 of , s. 2, for section 34 w.e.f. .

section 29. of the food corporations act : 1 a food corporation may enter into agreement with any grower of foodcrops for the purchase of foodgrains after the harvest of such crops and any such agreement may provide that any sum payable by the corporation to the grower under such agreement shall be payable to any scheduled bank or other financing agency nominated by the grower in this behalf to such extent as may be specified in the agreement. 2 the scheduled bank or other financing agency referred to in subsection 1 may, on the basis of any agreement referred to in that subsection, lend money to a grower of food crops who has entered into such agreement.

section 28. of the food corporations act : a food corporation may lend or advance money to any person engaged in the production of foodgrains upon the security of foodgrains or such other security as may be prescribed, for any purpose connected with such production.

section 35. of the food corporations act : 1 a food corporation shall, as soon as possible after the end of each year, submit to the central government an annual report on the working and affairs of the corporation. 2 the central government shall, as soon as may be after the receipt of such report, cause such report and the audit report received under section 34 1together with any comments thereon or supplement thereto by the comptroller and auditorgeneral of india to be laid before both houses of parliament. 1. ins. by act 67 of , s. 7 w.e.f. .

section 30. of the food corporations act : a food corporation may, upon such terms and conditions as it may think fit, guarantee any loan referred to in subsection 2 of section 29, and also any other loan raised by a grower of foodcrops, which is repayable within a period not exceeding five years.

section 31. of the food corporations act : 1 a food corporation shall have its own fund and all receipts of the corporation shall be credited thereto and all payments of the corporation shall be met therefrom. 2 such fund shall be applied for meeting all administrative expenses of the food corporation and for carrying out the purposes of this act.

section 32. of the food corporations act : a food corporation may invest its funds in the securities of the central government or any state government or in such other manner as may be prescribed.

section 33. of the food corporations act : 1 a food corporation shall establish a reserve fund to which shall be credited every year such portion of its annual net profits as that corporation thinks fit. 2 after making provision for such reserve fund and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the companies act, 1 of , the balance of its annual net profits shall be paid a in the case of the food corporation of india, to the central government, and b in the case of a state food corporation, to the central government and the food corporation of india in the same proportion as the capital provided by them.

section 36., not to invalidate acts or proceedings of food corporation, etc. of the food corporations act : 1 no act or proceeding of a food corporation or a committee thereof or a board of management shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the board of directors of the food corporation or such committee or board of management. 2 no act done by any person acting in good faith as a member of a board of directors of a food corporation or of a board of management shall be deemed to be invalid by reason only of his disqualification for being appointed as, or for being, a member of such board of directors or board of management.

section 37. of the food corporations act : a food corporation may, by general or special order in writing, delegate to the chairman or any other member of the board of directors or the secretary or other officer of the corporation, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary.

section 43. of the food corporations act : no provision of law relating to the winding up of companies or corporations shall apply to a food corporation and it shall not be placed in liquidation save by order of the central government and in such manner as that government may direct.

section 38. of the food corporations act : every director, member of an advisory committee or other committee, auditor, officer or other employee of a food corporation and every member of a board of management and its staff shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule.

section 39. of the food corporations act : 1 every member of the board of directors of a food corporation and of a board of management shall be indemnified by the corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. 2 a member of the board of directors of a food corporation or a board of management shall not be responsible for any other member or for any officer or other employee of the corporation or board of management or for any loss or expense resulting to the corporation from the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the corporation in good faith, or by the insolvency or wrongful act of any person under obligation to the corporation or by anything done in good faith, in the execution of the duties of his office or in relation thereto.

section 40. of the food corporations act : show related subordinates no suit or other legal proceeding shall lie against a food corporation or any member of the board of directors thereof or any officer or other employee thereof or any member of a board of management or its staff or any other person authorised by a food corporation or a board of management to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act.

section 41. of the food corporations act : 1 whoever, without the consent in writing of a food corporation, uses its name in any prospectus or advertisement, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 no court shall take cognizance of any offence under subsection 1 except on a complaint in writing by an officer authorised in this behalf by the food corporation concerned.

section 42. of the food corporations act : for the purposes of the incometax act, 43 of , or any other enactment for the time being in force relating to incometax, supertax or any other tax on income, profits or gains, a food corporation shall be deemed to be a company within the meaning of the incometax act, , and shall be liable to tax accordingly on its income, profits and gains.

section 46. of the food corporations act : 146. validation.no regulation made or purporting to have been made with retrospective effect, under section 45 before the commencement of the food corporations amendment act, 53 of shall be deemed to be invalid or ever to have been invalid merely on the ground that such regulation was made with retrospective effect and accordingly every such regulation and any action taken or thing done thereunder shall be as valid and effective as if the provisions of section 45, as amended by the food corporations amendment act, were in force at all material times when such regulation was made or action or thing was taken or done. 1. ins. by s. 5, ibid. w.e.f .

section 44. of the food corporations act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rule may provide for a the term of office of, and the manner of filling casual vacancies among, and the other terms and conditions of appointment of, the directors of the corporation b the composition of advisory committees and the terms and conditions of service of members thereof c the additional functions which the corporation may perform d the remuneration or fees payable to the members of the board of directors of a state food corporation and the term of office of, and the manner of filling casual vacancies among, such members e the securities other than food grains upon which a food corporation may lend or advance money f the manner in which a food corporation may invest its funds g the form of the annual statement of accounts and the balance sheet to be prepared by a food corporation h any other matter which has to be or may by prescribed. 3 every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days 1which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 53 of , s. 3, for certain words w.e.f. .

section 45. of the food corporations act : show related subordinates 1 a food corporation may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 1 1a the power to make regulations under this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable. 2 without prejudice to the generality of the foregoing power, such regulation may provide for a the methods of appointment, the conditions of service and the scales of pay of the officers and employees of a food corporation, other than the secretary of the food corporation of india b the duties and conduct of officers and employees of a food corporation, other than the secretary aforesaid c the functions and duties which may be entrusted or delegated to the managing director or, as the case may be, the general manager, or a food corporation: d the times and places at which meetings of a food corporation or any committee thereof shall be held and the procedure to be followed thereat e the fees and allowances payable to the members of a committee under subsection 6 of section 14 or subsection 6 of section 24 f generally, the efficient conduct of the affairs of a food corporation. 3 the central government may, by notification in the official gazette, rescind any regulation which it has sanctioned and thereupon such regulation shall cease to have effect. 4 any regulation which may be made by the food corporation of india under this act may be made by the central government within three months from the establishment of that corporation and any regulation which may be made by a state food corporation under this act may be made by the food corporation of india within three months from the establishment of such state food corporation and any regulation so made may be altered or rescinded by the food corporation concerned in the exercise of its powers under this act. 25 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by s. 4, ibid. w.e.f. . 2. added by act 53 of , s. 4 w.e.f .

section 8. of the special marriage act : 1 if an objection is made under section 7 to an intended marriage, the marriage officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it but the marriage officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision. 2 if the marriage officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the marriage officer has his office, and the decision of the district court on such appeal shall be final, and the marriage officer shall act in conformity with the decision of the court.

section 1. of the special marriage act : 1 this act may be called the special marriage act, . 2 it extends to the whole of india 1, and applies also to citizens of india domiciled in the territories to which this act extends who are 2in the state of jammu and kashmir. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. subs. by act 33 of , s. 29, for outside the said territories w.e.f. . 3. 1st january, , vide notification no. s.r.o. , dated 17th december, , published in the gazette of india, extraordinary, part ii, section 3. the act has been extended to state of sikkim vide notification no. s.o. e, dated 15th april , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 2. of the special marriage act : in this act, unless the context otherwise requires, 1 b degrees of prohibited relationshipa man and any of the persons mentioned in part i of the first schedule and a woman and any of the persons mentioned in part ii of the said schedule are within the degrees of prohibited relationship. explanation i. relationship includes, a relationship by half or uterine blood as well as by full blood b illegitimate blood relationship as well as legitimate c relationship by adoption as well as by blood and all terms of relationship in this act shall be construed accordingly. explanation ii. full blood and half blood two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. explanation iii. uterine blood two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands. explanation iv. in explanations ii and iii, ancestor includes the father and ancestress the mother 2 d district in relation to a marriage officer, means the area for which he is appointed as such under subsection 1 or subsection 2 of section 3 3e district court means, in any area for which there is a city civil court, that court, and in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the state government by notification in the official gazette as having jurisdiction in respect of the matters dealt with in this act f prescribed means prescribed by rules made under this act 4g state government, in relation to a union territory, means the administrator thereof. 1. omitted by act 33 of , s. 29. 2. omitted by s. 29, ibid. 3. subs. by act 68 of , s. 20, for clause e w.e.f. . 4. subs. by the a.o. no. 3 order, for clause g.

section 7. of the special marriage act : 1 any person may, before the expiration of thirty days from the date on which any such notice has been published under subsection 2 of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4. 2 after the expiration of thirty days from the date on which notice of an intended marriage has been published under subsection 2 of section 6, the marriage may be solemnized, unless it has been previously objected to under subsection 1. 3 the nature of the objection shall be recorded in writing by the marriage officer in the marriage notice book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.

section 3. of the special marriage act : 1 for the purposes of this act, the state government may, by, notification in the official gazette, appoint one or more marriage officers for the whole or any part of the state. 12 for the purposes of this act, in its application to citizens of india domiciled in the territories to which this act extends who are in the state of jammu and kashmir, the central government may, by notification in the official gazette, specify such officers of the central government as it may think fit to be the marriage officers for the state or any part thereof. 1. subs. by act 33 of , s. 29, for subsection 2 w.e.f. .

section 9. of the special marriage act : 1 for the purpose of any inquiry under section 8, the marriage officer shall have all the powers vested in a civil court under the code of civil procedure, 5 of , when trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses and examining them on oath b discovery and inspection c compelling the production of documents d reception of evidence of affidavits and e issuing commissions for the examination of witnesses and any proceeding before the marriage officer shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code 45 of . explanation. for the purpose of enforcing the attendance of any person to give evidence, the local limits of the jurisdiction of the marriage officer shall be the local limits of his district. 2 if it appears to the marriage officer that the objection made to an intended marriage is not reasonable and has not been made in good faith he may impose on the person objecting costs by way of compensation not exceeding one thousand rupees and award the whole or any part thereof, to the parties to the intended marriage, and any order for costs so made may be executed in the same manner as a decree passed by the district court within the local limits of whose jurisdiction the marriage officer has his office.

section 4. of the special marriage act : notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: a neither party has a spouse living 1b neither party i is incapable of giving a valid consent to it in consequence of unsoundness of mind or ii though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children or iii has been subject to recurrent attacks of insanity 2 c the male has completed the age of twentyone years and the female the age of eighteen years 3d the parties are not within the degrees of prohibited relationship: provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship and 4e where the marriage is solemnized in the state of jammu and kashmir, both parties are citizens of india domiciled in the territories to which this act extends. 5explanation. in this section, custom, in relation to a person belonging to any tribe, community, group or family, means any rule which the state government may, by notification in the official gazette, specify in this behalf as applicable to members of that tribe, community, group or family: provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the state government is satisfied i that such rule has been continuously and uniformly observed for a long time among those members ii that such rule is certain and not unreasonable or opposed to public policy and iii that such rule, if applicable only to a family, has not been discontinued by the family. 1. subs. by act 68 of , s. 21, for clause b w.e.f. . 2. the words or epilepsy omitted by act 39 of , s. 4 w.e.f. . 3. subs. by act 32 of , s. 2, for clause d w.e.f. . 4. subs. by act 33 of , s. 29, for clause e w.e.f. . 5. ins. by act 32 of , s. 2 w.e.f. .

section 10. of the special marriage act : where an objection is made under section 7 to a marriage officer 1 n the state of jammu and kashmir in respect of an intended marriage in the state, and the marriage officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting the matter as he thinks fit to the central government, and the central government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the marriage officer who shall act in conformity with the decision of the central government. 1. subs. by act 33 of , s. 29, for outside the territories to which this act extends in respect of an intended marriage outside the said territories w.e.f. .

section 5. of the special marriage act : when a marriage is intended to be solemnized under this act, the parties to the marriage shall give notice thereof in writing in the form specified in the second schedule to the marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

section 6. of the special marriage act : 1 the marriage officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the marriage notice book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same. 2 the marriage officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office. 3 where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the marriage officer to whom the notice has been given under section 5, the marriage officer shall also cause a copy of such notice to be transmitted to the marriage officer of the district within whose limits such party is permanently residing, and that marriage officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

section 11. of the special marriage act : before the marriage is solemnized the parties and three witnesses shall, in the presence of the marriage officer, sign a declaration in the form specified in the third schedule to this act, and the declaration shall be countersigned by the marriage officer.

section 17. of the special marriage act : any person aggrieved by any order of a marriage officer refusing to register a marriage under this chapter may, within thirty days from the date of the order, appeal against that order to the district court within the local limits of whose jurisdiction the marriage officer has his office, and the decision of the district court on such appeal shall be final, and the marriage officer to whom the application was made shall act in conformity with such decision.

section 12. of the special marriage act : 1 the marriage may be solemnized at the office of the marriage officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed. 2 the marriage may be solemnized in any form which the parties may choose to adopt: provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the marriage officer and the three witnesses and in any language understood by the parties, i, a, take the b, to be my lawful wife or husband.

section 19. of the special marriage act : the marriage solemnized under this act of any member of an undivided family who professes the hindu, buddhist, sikh or jaina religions shall be deemed to effect his severance from such family.

section 13. of the special marriage act : 1 when the marriage has been solemnized, the marriage officer shall enter a certificate thereof in the form specified in the fourth schedule in a book to be kept by him for that purpose and to be called the marriage certificate book and such certificate shall be signed by the parties to the marriage and the three witnesses. 2 on a certificate being entered in the marriage certificate book by the marriage officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

section 14. of the special marriage act : whenever a marriage is not solemnized within three calendar months from the date on which notice thereof has been given to the marriage officer as required by section 5, or where an appeal has been filed under subsection 2 of section 8, within three months from the date of the decision of the district court on such appeal or, where the record of a case has been transmitted to the central government under section 10, within three months from the date of decision of the central government, the notice and all other proceedings arising therefrom shall be deemed to have lapsed, and no marriage officer shall solemnize the marriage until a new notice has been given in the manner laid down in this act.

section 15. of the special marriage act : any marriage celebrated, whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 3 of , or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: a a ceremony of marriage has been performed between the parties and they have .been living together as husband and wife ever since b neither party has at the time of registration more than one spouse living c neither party is an idiot or a lunatic at the time of registration d the parties have completed the age of twentyone years at the time of registration e the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this act, this condition shall be subject to any law, custom or usage having the force of law governing each of them which permits of a marriage between the two and f the parties have been residing within the district of the marriage officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

section 16. of the special marriage act : upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this chapter the marriage officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the marriage certificate book in the form specified in the fifth schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

section 18. of the special marriage act : subject to the provisions contained in subsection 2 of section 24, where a certificate of marriage has been finally entered in the marriage certificate book under this chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this act, and all children born after the date of the ceremony of marriage whose names shall also be entered in the marriage certificate book shall in all respects be deemed to be and always to have been the legitimate children of their parents: provided that nothing contained in this section shall be construed as conferring upon any such children any rights in or to the property of any person other than their parents in any case where, but for the passing of this act, such children would have been incapable of possessing or acquiring any such rights by reason of their not being the legitimate children of their parents.

section 20. of the special marriage act : subject to the provisions of section 19, any person whose marriage is solemnized under this act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the caste disabilities removal act, 21 of , applies.

section 21. of the special marriage act : notwithstanding any restrictions contained in the indian succession act, 39 of , with respect to its application to members of certain communities, succession to the property or any person whose marriage is solemnized under this act and to the property of the issue of such marriage shall be regulated by the provisions of the said act and for the purposes of this act shall have effect as if chapter iii of part v special rules for parsi intestates had been omitted therefrom.

section 26. of the special marriage act : 126. legitimacy of children of void and voidable marriages. 1 notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws amendment act, 68 of , and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this act. 2 where a decree of nullity is granted in respect of a voidable marriage under section 25, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it has been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. 3 nothing contained in subsection 1 or subsection 2 shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of not his being the legitimate child of his parents. 1. subs. by act 68 of , s. 26, for section 26 w.e.f. .

section 21a. of the special marriage act : 121a. special provision in certain cases. where the marriage is solemnized under this act of any person who professes the hindu, buddhist, sikh or jaina religion with a person who professes the hindu, buddhist, sikh or jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply. 1. ins. by act 68 of , s. 22 w.e.f. .

section 22. of the special marriage act : when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 1explanation. where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society. 1. added by s. 23, ibid.

section 27. of the special marriage act : 11 subject to the provisions of this act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent 2a has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse or b has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition or c is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the indian penal code 45 of 3 d has since the solemnization of the marriage treated the petitioner with cruelty or 4e has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. explanation. in this clause, a the expression mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia b the expression psychopathic disorder means a persistent disorder or disability of mind whether or not including subnormality of intelligence which results in abnormally aggressive or seriously irresponsible conduct on the part of the respondent, and whether or not it requires or is susceptible to medical treatment or f has been suffering from venereal disease in a communicable form or 5 h has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive 6 7explanation. in this subsection, the expression desertion means desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly 8 9 101a a wife may also present a petition for divorce to the district court on the ground, i that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality ii that in a suit under section 18 of the hindu adoptions and maintenance act, 78 of , or in a proceeding under section 125 of the code of criminal procedure, 2 of or under the corresponding section 488 of the code of criminal procedure, 5 of , a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards. 112 subject to the provisions of this act and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the special marriage amendment act, 29 of , may present a petition for divorce to the district court on the ground i that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties or ii that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. 1. section 27 renumbered as subsection 1 thereof by act 29 of , s. 3 w.e.f. . 2. subs. by act 68 of , s. 27, for clauses a and b. 3. the proviso omitted by act 68 of , s. 27 w.e.f. . 4. subs. by s. 27, ibid., for clauses e and f w.e.f. . 5. clause g omitted by act 6 of , s. 4 w.e.f. . 6. the word or omitted by act 29 of , s. 3 w.e.f. . 7. ins. by act 68 of , s. 27 w.e.f. . 8. the words and by the wife on the ground that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality omitted by s. 27, ibid. w.e.f. . 9. omitted by act 29 of , s. 3 w.e.f. . 10. ins. by act 68 of , s. 27 w.e.f. . 11. ins. by act 29 of , s. 3 w.e.f. .

section 24. of the special marriage act : 1 any marriage solemnized under this act shall be null and void 1and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if i any of the conditions specified in clauses a, b, c and d of section 4 has not been fulfilled or ii the respondent was impotent at the time of the marriage and at the time of the institution of the suit. 2 nothing contained in this section shall apply to any marriage deemed to be solemnized under this act within the meaning of section 18, but the registration of any such marriage under chapter iii may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses a to e of section 15: provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final. 1. subs. by s. 25, ibid., for and may be so declared w.e.f. .

section 25. of the special marriage act : any marriage solemnized under this act shall be voidable and may be annulled by a decree of nullity if, i the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage or ii the respondent was at the time of the marriage pregnant by some person other than the petitioner or iii the consent of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 9 of : provided that, in the case specified in clause ii, the court shall not grant a decree unless it is satisfied, a that the petitioner was at the time of the marriage ignorant of the facts alleged b that proceedings were instituted within a year from the date of the marriage and c that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: provided further that in the case specified in clause iii, the court shall not grant a decree if, a proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered or b the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

section 23. of the special marriage act : 1 a petition for judicial separation may be presented to the district court either by the husband or the wife, a on any of the grounds specified 1in subsection 1 2and subsection 1a of section 27 on which a petition for divorce might have been presented or b on the ground of failure to comply with a decree for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. 2 where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. 1. subs. by act 29 of , s. 2, for certain words w.e.f. . 2. ins. by act 68 of , s. 24 w.e.f. .

section 27a. of the special marriage act : 127a. alternative relief in divorce proceedings. in any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except insofar as the petition is founded on the ground mentioned in clause h of subsection 1 of section 27, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. 1. ins. by act 68 of , s. 28 w.e.f. .

section 28. of the special marriage act : 1 subject to the provisions of this act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 2 1on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in subsection 1 and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. 1. subs. by s. 29, ibid., for on the motion of both the parties made not earlier than one year after the date of the presentation of the petition referred to in subsection 1 and not later than two years w.e.f. .

section 33. of the special marriage act : 133. proceedings to be in camera and may not be printed or published. 1 every proceeding under this act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the high court or of the supreme court printed or published with the previous permission of the court. 2 if any person prints or publishes any matter in contravention of the provisions contained in subsection 1, he shall be punishable with fine which may extend to one thousand rupees. 1. subs. by act 68 of , s. 33, for section 33 w.e.f. .

section 29. of the special marriage act : 1 no petition for divorce shall be presented to the district court 1 unless at the date of the presentation of the petition one year has passed since the date of entering the certificate of marriage in the marriage certificate book: provided that the district court may, upon application being made to it, allow a petition to be presented 1before one year has passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the district court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the district court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 3expiry of one year from the date of the marriage or may dismiss the petition, without prejudice to any petition, which may be brought after the 4expiration of the said one year upon the same, or substantially the same, facts as those proved in support of the petition so dismissed. 2 in disposing of any application under this section for leave to present a petition for divorce before the 5expiration of one year from the date of the marriage, the district court shall have regard to the interests of any children of the marriage, and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6said one year. 1. subs. by s. 30, ibid., for unless at the date of the presentation of the petition three years have passed w.e.f. . 2. subs. by s. 30, ibid., for before three years have passed w.e.f. . 3. subs. by s. 30, ibid., for expiry of three years w.e.f. . 4. subs. by s. 30, ibid., for expiration of the said three years w.e.f. . 5. subs. by s. 30, ibid.,for expiration of the three years w.e.f. . 6. subs. by s. 30, ibid., for said three years w.e.f. .

section 30. of the special marriage act : where a marriage has been dissolved by a decree of divorce, and either there is no right of appeal against the decree or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed 1 either party to the marriage may marry again. 1. the words and one year has elapsed thereafter but not sooner omitted by act 68 of , s. 31, w.e.f. .

section 31. of the special marriage act : 11 every petition under chapter v or chapter vi shall be presented to the district court within the local limits of whose original civil jurisdiction i the marriage was solemnized or ii the respondent, at the time of the presentation of the petition resides or iii the parties to the marriage last resided together or 2iiia in case the wife is the petitioner, where she is residing on the date of presentation of the petition or iv the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years by those who would naturally have heard of him if he were alive. 2 without prejudice to any jurisdiction exercisable by the court under subsection 1, the district court may, by virtue of this subsection, entertain a petition by a wife domiciled in the territories to which this act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories. 1. subs. by s. 32, ibid., for subsection 1 w.e.f. . 2. ins. by act 50 of , s. 2 w.e.f. .

section 32. of the special marriage act : 1 every petition under chapter v or chapter vi shall state, as distinctly as the nature of the case permits the facts on which the claim to relief is founded, and shall also state that there is no collusion between, the petitioner and the other party to the marriage. 2 the statements contained in every such petition shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

section 34. of the special marriage act : 1 in any proceeding under chapter v or chapter vi, whether defended or not, if the court is satisfied that, a any of the grounds for granting relief exists and b1where the petition is founded on the ground specified in clause a of subsection 1 of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty and c when divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence and d the petition is not presented or prosecuted in collusion with the respondent and e there has not been any unnecessary or improper delay in instituting the proceedings and f there is no other legal ground why the relief should not be granted then, and in such a case, but not otherwise, the court shall decree such relief accordingly. 2 before proceeding to grant any relief under this act it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: 2provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause c, clause e, clause f, clause g and clause h of subsection 1 of section 27. 33 for the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report. 4 in every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties. 1. subs. by s. 34, ibid. for where the ground of the petition is adultery, the petitioner has not in any manner been accessory to or connived at or condoned the adultery w.e.f. . 2. added by act 68 of , s. 34 w.e.f. . 2. ins. by s. 34, ibid. w.e.f. .

section 35. of the special marriage act : 135. relief for respondent in divorce and other proceedings. in any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioners adultery, cruelty or desertion, but also make a counterclaim for any relief under this act on that ground, and if the petitioners adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground. 1. subs. by s. 35, ibid., for section 35 w.e.f. .

section 36. of the special marriage act : where in any proceeding under chapter v or chapter vi it appears to the district court that the wife has no independent income sufficient for her support and the necessary expenses of the proceeding, it may, on the application of the wife, order the husband to pay to her the expenses of the proceeding, and weekly or monthly during the proceeding such sum as having regard to the husbands income, it may seem to the court to be reasonable. 1provided that the application for the payment of the expenses of the proceeding and such weekly or monthly sum during the proceeding under chapter v or chapter vi, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the husband. 1. ins. by act 49 of , s. 6 w.e.f. .

section 37. of the special marriage act : 1 any court exercising jurisdiction under chapter v or chapter vi may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support, if necessary, by a charge on the husbands property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husbands property and ability 1the conduct of the parties and other circumstances of the case, it it may seem to the court to be just. 2 if the district court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under subsection 1, it may, at the instance of either party, vary, modify or rescind any such order in such manner as it may seem to the court to be just. 3 if the district court is satisfied that the wife in whose favour an order has been made under this section has remarried or is not leading a chaste life, 2it may, at the instance of the husband vary, modify or rescind any such order and in such manner as the court may deem just. 1. subs. by act 68 of , s. 36, for and the conduct of the parties w.e.f. . 2. subs. by act 68 of , s. 36, for it shall rescind the order w.e.f. .

section 40. of the special marriage act : subject to the other provisions contained in this act, and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 5 of .

section 38. of the special marriage act : in any proceeding under chapter v or chapter vi the district court may, from time to time, pass such interim orders and make such provisions in the decree as it may seem to it to be just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes wherever possible, and may, after the decree, upon application by petition for the purpose, make, revoke, suspend or vary, from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending. 1provided that the application with respect to the maintenance and education of the minor children, during the proceeding, under chapter v or chapter vi, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. 1. the proviso ins. by act 49 of , s. 7 w.e.f. .

section 39. of the special marriage act : 139. appeals from decrees and orders 1 all decrees made by the court in any proceeding under chapter v or chapter vi shall, subject to the provisions of subsection 3, be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. 2 orders made by the court in any proceeding under this act, under section 37 or section 38 shall, subject to the provisions of subsection 3, be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original jurisdiction. 3 there shall be no appeal under this section on the subject of costs only. 4 every appeal under this section shall be preferred within a 2period of ninety days from the date of the decree or order. 1. subs. by act 68 of , s. 37, for section 39 w.e.f. . 2. subs. by act 50 of , s. 3, for period of thirty days w.e.f. .

section 39a. of the special marriage act : 139a. enforcement of decrees and orders. all decrees and orders made by the court in any proceeding under chapter v or chapter vi shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced. 3. subs. by act 68 of , s. 37, for section 39 w.e.f.

section 40a. of the special marriage act : 140a. power to transfer petitions in certain cases. 1 where a a petition under this act has been presented to the district court having jurisdiction, by a party to the marriage praying for a decree for judicial separation under section 23 or for a decree of divorce under section 27, and b another petition under this act has been presented thereafter by the other party to the marriage praying for decree for judicial separation under section 23, or for decree of divorce under section 27 on any ground whether in the same district court, or in a different district court, in the same state or in a different state, the petition shall be dealt with as specified in subsection 2. 2 in a case where subsection 1 applies, a if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court b if the petitions are presented to different district courts, the petitions presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. 3 in a case where clause b of subsection 2 applies, the court or the government, as the case may be, competent under the code of civil procedure, 5 of , to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said code. 1. ins. by act 68 of , s. 38 w.e.f. .

section 43. of the special marriage act : save as otherwise provided in chapter iii, every person who, being at the time married, procures, a marriage of himself or herself to be solemnized under this act shall be deemed to have committed an offence under section 494 or section 495 of the indian penal code 45 of , as the case may be, and the marriage so solemnized shall be void.

section 40b. of the special marriage act : 140b. special provisions relating to trial and disposal of petitions under the act. 1 the trial of a petition under this act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day, until its conclusions, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. 2 every petition under this act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. 3 every appeal under this act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent. 1. ins. by act 68 of , s. 38 w.e.f. .

section 40c. of the special marriage act : 140c. documentary evidence notwithstanding anything contained in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this act on the ground that it is not duly stamped or registered. 1. ins. by act 68 of , s. 38 w.e.f. .

section 45. of the special marriage act : every person making, signing or attesting any declaration or certificate required by or under this act containing a statement which is false and which he either knows or believes to be false or does not believe to be true shall be guilty of the offence described in section 199 of the indian penal code 45 of .

section 41. of the special marriage act : 1 the high court shall, by notification in the official gazette, make such rules consistent with the provisions contained in this act and the code of civil procedure, 5 of , as it may consider expedient for the purpose of carrying into effect the provisions of chapters v, vi and vii. 2 in particular, and without prejudice to the generality of the foregoing provision, such rules shall provide for, a the impleading by the petitioner of the adulterer as a corespondent on a petition for divorce on the ground of adultery, and the circumstances in which the petitioner may be execused from doing so b the awarding of damages against any such corespondent c the intervention in any proceeding under chapter v or chapter vi by any person not already a party thereto d the form and contents of petitions for nullity of marriage or for divorce and the payment of costs incurred by parties to such petitions and e any other matter for which no provision or no sufficient provision is made in this act, and for which provision is made in the indian divorce act, 4 of .

section 42. of the special marriage act : nothing contained in this act shall affect the validity of any marriage not solemnized under its provisions nor shall this act be deemed directly or indirectly to affect the validity of any mode of contracting marriage.

section 44. of the special marriage act : every person whose marriage is solemnized under this act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the indian penal code 45 of , for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.

section 46. of the special marriage act : any marriage officer who knowingly and wilfully solemnizes a marriage under this act, 1 without publishing a notice regarding such marriage as required by section 5, or 2 within thirty days of the publication of the notice of such marriage, or 3 in contravention of any other provision in this act, shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

section 51. of the special marriage act : 1 the special marriage act, 3 of , and any law corresponding to the special marriage act, 3 of , in force in any part b state immediately before the commencement of this act are hereby repealed. 2 notwithstanding such repeal, a all marriages duly solemnized under the special marriage act, 3 of , or any such corresponding law shall be deemed to have been solemnized under this act b all suits and proceedings in causes and matters matrimonial which, when this act comes into operation, are pending in any court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this act. 3 the provisions of subsection 2 shall be without prejudice to the provisions contained in section 6 of the general clauses act, 10 of , which shall also apply to the repeal of the corresponding law as if such corresponding law had been an enactment.

section 47. of the special marriage act : 1 the marriage certificate book kept under this act shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements therein contained. 2 certified extracts from the marriage certificate book shall, on application, be given by the marriage officer to the applicant on payment by him of the prescribed fee.

section 48. of the special marriage act : every marriage officer in a state shall send to registrargeneral of births, deaths and marriages of that state at such intervals and in such form as may be prescribed, a true copy of all entries made by him in the marriage certificate book since the last of such intervals, and, in the case of marriage officers outside the territories to which this act extends, the true copy shall be sent to such authority as the central government may specify in this behalf.

section 50. of the special marriage act : 1 the central government, in the case of 1 officers of the central government, and the state government, in all other cases, may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the duties and powers of marriage officers and the areas in which they may exercise jurisdiction b the manner in which a marriage officer may hold inquiries under this act and the procedure therefor c the form and manner in which any books required by or under this act shall be maintained d the fees that may be levied for the performance of any duty imposed upon a marriage officer under this act e the manner in which public notice shall be given under section 16 f the form in which, and the intervals within which, copies of entries in the marriage certificate book shall be sent in pursuance of section 48 g any other matter which may be or requires to be prescribed. 23 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 4 every rule made by the state government under this act shall be laid, as soon as it is made before the state legislature. 1. the words diplomatic and consular officers and other omitted by act 33 of , s. 29 w.e.f. . 2. ins. by act 20 of , s. 2 and the schedule w.e.f. 15.3..

section 49. of the special marriage act : 1 any marriage officer who discovers any error in the form or substance of any entry in the marriage certificate book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the marriage officer shall make the like marginal entry in the certificate thereof. 2 every correction made under this section shall be attested by the witnesses in whose presence it was made. 3 where a copy of any entry has already been sent under section 48 to the registrargeneral or other authority the marriage officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.

section 1. of the indian stamp act : 1 this act may be called the indian stamp act, . 12 it extends to the whole of india 2: provided that it shall not apply to 3the territories which, immediately before the 1st november, , were comprised in part b states excluding the state of jammu and kashmir except to the extent to which the provisions of this act relate to rates of stampduty in respect of the documents specified in entry 91 of list i in the seventh schedule to the constitution. 3 it shall come into force on the first day of july, . 1. subs. by act 43 of , s. 3, for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. subs. by the a.o. no. 2 , for part b states.

section 7. of the indian stamp act : 1 4 where any seainsurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a policy for time. 1. subsections 1, 2 and 3 rep. by act 11 of , s. 92 w.e.f. .

section 2. of the indian stamp act : in this act, unless there is something repugnant in the subject or context, 11 allotment list.allotment list means a list containing details of allotment of the securities intimated by the issuer to the depository under subsection 2 of section 8 of the depositories act, 22 of 1a banker includes a bank and any person acting as a banker 2 bill of exchange bill of exchange means a bill of exchange as defined by the negotiable instruments act, , 26 of , and includes also a hundi, and any other document entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money 3 bill of exchange payable on demand bill of exchange payable on demand includes a an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen b an order for the payment of any sum of money weekly, monthly, or at any other stated period and c a letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn: 4 bill of lading. bill of lading includes a through bill lading, but does not include a mates receipt: 5 bond bond includes a any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be b any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another and c any instrument so attested, whereby a person obliges himself to deliver grain or other agricultural produce to another 2but does not include a debenture 6 chargeable chargeable means, as applied to an instrument executed or first executed after the commencement of this act, chargeable under this act, and, as applied to any other instrument, chargeable under the law in force in 3india when such instrument was executed or, where several persons executed the instrument at different times, first executed 7 cheque cheque means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand 47a clearance list means a list of transactions of sale and purchase relating to contracts traded on the stock exchanges submitted to a clearing corporation in accordance with the law for the time being in force in this behalf 7b clearing corporation means an entity established to undertake the activity of clearing and settlement of transactions in securities or other instruments and includes a clearing house of a recognised stock exchange 5 9 collector. collector a means, within the limits of the towns of calcutta, madras and bombay, the collector of calcutta, madras and bombay, respectively, and, without those limits, the collector of a district, and b includes a deputy commissioner and any officer whom 6the 7state government may, by notification in the official gazette, appoint in this behalf 10 conveyance conveyance includes a conveyance on sale every instrument by which property, whether moveable or immovable, is transferred inter vivos and which is not otherwise specifically provided for by schedule i 810a debenturte.debenture includes i debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not ii bonds in the nature of debenture issued by any incorporated company or body corporate iii certificate of deposit, commercial usance bill, commercial paper and such other debt instrument of original or initial maturity upto one year as the reserve bank of india may specify from time to time iv securitised debt instruments and v any other debt instruments specified by the securities and exchange board of india from time to time 10b depository includes a a depository as defined in clause e of subsection 1 of section 2 of the depositories act, 22 of and b any other entity declared by the central government, by notification in the official gazette, to be a depository for the purposes of this act 11 duly stamped duly stamped, as applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in 9india: 12 executed and execution executed and execution used with reference to instruments, mean signed and signature 10 13 impressed stamp impressed stamp includes a labels affixed and impressed by the proper officer and b stamps embossed or engraved on stamped paper 1113a india india means the territory of india excluding the state of jammu and kashmir 1214 instrument includes a every document, by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded b a document, electronic or otherwise, created for a transaction in a stock exchange or depository by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded and c any other document mentioned in schedule i, but does not include such instruments as may be specified by the government, by notification in the official gazette. 15 instrument of partition instrument of partition means any instrument where by coowners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any revenueauthority or any civil court and an award by an arbitrator directing a partition 1315a issue. issue means any person making an issue of securities 16 lease lease means a lease of immovable property, and includes also a a patta b a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate, occupy, or pay or deliver rent for, immovable property c any instrument by which tolls of any description are let d any writing on an application for a lease intended to signify that the application is granted 1416a marketable security. marketable security means a security capable of being traded in any stock exchange in india 16b market value.market value, in relation to an instrument through which a any security is traded in a stock exchange, means the price at which it is so traded b any security which is transferred through a depository but not traded in the stock exchange, means the price or the consideration mentioned in such instrument c any security is dealt otherwise than in the stock exchange or depository, means the price or consideration mentioned in such instrument 17 mortgagedeed mortgagedeed includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over or in respect of specified property 18 paper paper includes vellum, parchment or any other material on which an instrument may be written 19 policy of insurance policy of insurance includes a any instrument by which one person, in consideration of a premium, engages to indemnify another against loss, damage or liability arising from an unknown or contingent event b a lifepolicy, and any policy insuring any person against accident or sickness, and any other personal insurance 15 16 1719a policy of group insurance policy of group insurance means any instrument covering not less than fifty or such smaller number as the central government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection : 20 policy of seainsurance or seapolicy policy of seainsurance or seapolicy a means any insurance made upon any ship or vessel whether for marine or inland navigation, or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or property of any description whatever on board of any ship or vessel, or upon the freight of, or any other interest which may be lawfully insured in, or relating to, any ship or vessel and b includes any insurance of goods, merchandise or property for any transit which includes, not only a sea risk within the meaning of clause a, but also any other risk incidental to the transit insured from the commencement of the transit to the ultimate destination covered by the insurance where any person, in consideration of any sum of money paid or to be paid for additional freight or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any description whatever while on board of any ship or vessel, or engages to indemnify the owner of any such goods, merchandise or property from any risk, loss or damage, such agreement or engagement shall be deemed to be a contract for seainsurance 21 powerofattorney powerofattorney includes any instrument not chargeable with a fee under the law relating to courtfees for the time being in force empowering a specified person to act for and in the name of the person executing it: 22 promissory note promissory note means a promissory note as defined by the negotiable instruments act, xxvi of it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen 23 receipt receipt includes any note, memorandum or writing a whereby any money or any bill of exchange, cheque or promissory note is acknowledged to have been received, or b whereby any other moveable property is acknowledged to have been received in satisfaction of a debt, or c where by any debt or demand, or any part of a debt or demand, is acknowledged to have been satisfied or discharged, or d which signifies or imports any such acknowledgment, and whether the same is or is not signed with the name of any person 18 1923a securities.dbqtdsecurities includes i securities as defined in clause h of section 2 of the securities contracts regulation act, 42 of ii a derivative as defined in clause a of section 45u of the reserve bank of india act, 2 of iii a certificate of deposit, commercial usance bill, commercial paper, repo on corporate bonds and such other debt instrument of original or initial maturity upto one year as the reserve bank of india ma specify from time to time and iv any other instrument declared by the central government, by notification in the official gazette, to be securities for the purposes of this act. 24 settlementsettlement means any nontestamentary disposition, in writing, of moveable or immovable property made a in consideration of marriage, b for the purpose of distributing property of the settler among his family or those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or c for any religious or charitable purpose and includes an agreement in writing to make such a disposition 20and, where any such disposition has not been made in writing, any instrument recording, whether by way of declaration of trust or otherwise, the terms of any such disposition 21 2225 soldier soldier includes any person below the rank of noncommissioned officer who is enrolled under the 23indian army act, 8 of . 2426 stamp. stamp means any mark, seal or endorsement by any agency or person duly authorised by the state government, and includes an adhesive or impressed stamp, for the purposes of duty chargeable under this act. 2527 stock exchange. stock exchange includes i a recognised stock exchange as defined in clause f of section 2 of the securities contracts regulation act, 42 of and ii such other platform for trading or reporting a deal in securities, as may be specified by the central government, by notification in the official gazette, for the purposes of this act. state amendments assam amendment of section 2 of act ii of .in section 2 of the principal act, after clause 7, the following shall be inserted, namely: 8 chief controlling revenue authority means the superintendent of stamps, assam. vide assam act 10 of , s. 2 state amendment himachal pradesh. amendment of section 2. in clause 10 of section 2 of the indian stamp act, , hereinafter referred to as the said act, for the colon shall be substituted a comma, followed by the words or by schedule ia as the case may be. vide himachal pradesh act 4 of , s. 2 uttarakhand. amendment of section 2.indian stamp uttarakhand amendment bill, as passed by the uttarakhand legislative assembly on dated 16 march, clause 9 shall be substituted as follows namely: voting or attempting to cote under any proxy not duly stamped shall for every such offence, be punishable with fine which may extend to five thousand. vide uttarakhand act 20 of , s. 2 amendment of section 2.in section 2 of the indian stamp act, hereinafter referred to as the principal act,: a for clause 14, the following clause shall be substituted namely: 14 instrument instrument includes every document and record created or maintained in or by an electronic storage and retrieval device or media by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded b after clause 14, the following clause shall be inserted, namely: 14a instrument of gift instrument of gift includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift c after clause 22, the following clause shall be inserted namely: 22a public officer public officer means a public officer as defined in clause 17 of section 2 of the code of civil procedure, and includes every officer working in connection with the affairs of any of the following of the organizations, namely: a any statutory body or authority constituted under any uttarakhand state act b a financing bank or central bank as defined in clause l of section 2 of the uttarakhand cooperative societies act, . vide uttarakhand act 1 of , s. 2 uttar pradesh amendment of section 2 of act no. 2 of .in section 2 of the indian stamp act, , hereinafter referred to as the principal act, in clause 16, after subclause d, the following clause shall be inserted, namely : e any instrument by which mining lease is granted in respect of minor minerals as defined in clause e of section 3 of the mines and minerals regulation and development act, . vide uttar pradesh act 11 of , s. 2 amendment of section 2 of act ii of .in section 2 of the indian stamp act, as amended in its application to uttar pradesh, hereinafter in this chapter referred to as the principal act, in clause 10, the following explanation shall be inserted in the end, namely : explanation an instrument whereby a coowner of a property having defined share therein, transfers such share or part thereof to another coowner of the property, is for the purposes of this clause an instrument by which property is transferred. vide uttar pradesh act 19 of , s. 2 amendment of section 2 of act ii of . in section 2 of the indian stamp act, , hereinafter referred to as the principal act, for clause 15, the following clause shall be substituted, namely : 15 instrument of partition means any instrument whereby coowners of any property divide or agree to divide such property in severalty, and also includes i a final order for effecting a partition passed by any revenue authority or any civil court ii an award by an arbitrator directing a partition and iii when any partition is effected without executing any such instrument, any instrument of instruments signed by the coowners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the coowners vide uttar pradesh act 20 of , s. 2 amendment of section 2 of act no. 2 of .in section 2 of the indian stamp act, , hereinafter referred to as the amendment of principal act, a for subsection 14, the following subsection shall be substituted, namely14 instrument instrument includes every document and record created or maintained in or by an electronic storage and retrieval device or media by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded b after subsection 14, the following subsection shall be inserted, namely: 14a instrument of gift 1nstrument of gift includes an instrument whether by way of declaration or otherwise, for making or accepting an oral gift c after subsection 22, the following subsection shall be inserted, namely : 22a public officer public officer means a public officer as defined in clause 17 of section 2 of the code of civil procedure, and includes every officer working in connection with the affairs of any of the following of organizations, namely : a any statutory body or authority constituted under any uttar pradesh act b a financing bank or central bank as defined in clause k of section 2 of the uttar pradesh cooperative societies act, vide uttar pradesh act 38 of , s. 2 amendment of section 2 of act ii of . in section 2 of the indian stamp act, , as amended in its application to uttar pradesh hereinafter referred to as the principal act, after clause 26 a, the following clause shall be inserted, namely: 27. quarter means a quarter of the financial year. vide uttar pradesh act 49 of , s. 2 1. subs. by act 7 of , s. 12, for clause 1 w.e.f. .earlier notified w.e.f. followed by 2. added by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by 3. subs. by act 43 of , s. 2, for the states w.e.f. . 4. ins. by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by 5. clause 8 omitted by the a.o. . 6. subs. by the a.o. , for the l.g.. 7. subs. by the a.o. , for collecting government. 8. ins. by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by 9. subs. by act 43 of , s. 2, for the states w.e.f. . 10. clause 12a omitted by the a.o. . earlier ins. by the a.o. . 11. ins. by act 43 of , s. 4 w.e.f. . 12 subs. by act 7 of , s. 12, for clause 14 w.e.f. . earlier notified w.e.f. followed by 13. ins. by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by 14. subs. by s. 12, ibid., for clause 16a w.e.f. . earlier notified w.e.f. followed by 15. the word and omitted by act 5 of , s. 2. 16. clause c omitted by s. 2, ibid. 17. ins. by act 43 of , s. 4 w.e.f. . 18. the word and omitted by act 18 of , s. 2 and the first schedule. 19. ins. by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by 20. ins. by act 15 of , s. 2. 21. the word and, omitted by the a.o. . earlier ins. by act 18 of , s. 2 and the first schedule. 22. added by act 18 of , s. 2 and the first schedule., 23. see now the army act 46 of . 24. ins. by act 23 of , s. 117. 25. ins. by act 7 of , s. 12 w.e.f. . earlier notified w.e.f. followed by

section 3. of the indian stamp act : subject to the provisions of this act and the exemptions contained in schedule i, the following instruments shall be chargeable with duty of the amount indicated in that schedule as the proper duty therefore respectively, that is to say a every instrument mentioned in that schedule which, not having been previously executed by any person, is executed in 1india on or after the first day of july, b every bill of exchange 2payable otherwise than on demand 3 or promissory note drawn or made out of 1india on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in 1india and c every instrument other than a bill of exchange, 3or promissory note mentioned in that schedule, which, not having been previously executed by any person, is executed out of 1india on or after that day, relates to any property situate, or to any matter or thing done or to be done, in 1india and is received in 1india: provided that no duty shall be chargeable in respect of 1 any instrument executed by, or on behalf of, or in favour of, the government in cases where, but for this exemption, the government would be liable to pay the duty chargeable in respect of such instrument 2 any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the merchant shipping act , act no. 57 58 vict. c. 60 or under act xix of act no. or the indian registration of ships act, , cx of as amended by subsequent acts. state amendment himachal pradesh. amendment of section 3. in section 3 of the said act 1 after clause c, the following proviso shall be inserted, namely: provided that, notwithstanding anything contained in clauses a, b or c of this section or in schedule i, and subject to the exemptions contained in schedule ia, the following instruments shall be chargeable with duty of the amount indicated in schedule ia, as the proper duty therefor, respectively, that is to say: aa every instrument mentioned in schedule ia as chargeable with duty under that schedule which, not having been previously executed by any person is executed in the himachal pradesh on or after the date of commencement of this act bb every instrument mentioned in schedule ia as chargeable with duty under that schedule, which, not having been previously executed by any person, is executed out of himachal pradesh, on or after the date of commencement of this act and relates to any property situated, or to any matter or thing done or to be done in the himachal pradesh, and is received in the himachal pradesh. 2 between the word provided and the words that no duty the word also shall be inserted. vide himachal pradesh act 4 of , s. 3 odisha. insertion of new section 3a.after section 3 of the indian stamp act, , 2 of the following section shall be inserted, namely: 3.a duty chargeable on mining lease. 1 notwithstanding anything contained in this act and the rules made thereunder, on every instrument of grant or renewal of a mining lease, the stamp duty chargeable shall be equivalent to fifteen percentum of the amount of average royalty that would accrue out of the highest annual extraction of minerals permitted under the approved mining plan or mining scheme, as the case may be, for such mining lease under the relevant law in force, multiplied by the period of such mining lease. explanation.for the purpose of this subsection, the average royalty of the highest grade of minerals based on the date available for past twelve months beginning from the date of commencement of the indian stamp odisha amendment act, shall be taken into consideration: provided that where an application for renewal of mining lease has been made to the state government prior to the expiry of the lease, but renewal of lease has not been granted by the state government or the mining lease is deemed to have been extended by a further period in accordance with the provisions contained in the relevant law in force, till the state government passes an order, prior to the commencement of the indian stamp odisha amendment act, , the sum total of the quantity of mineral permitted for extraction, year wise, in the approved mining plan or mining scheme, as the case, may be, or the actual quantity raised, whichever is higher, shall be taken into consideration for calculation of the stamp duty: provided further that in case the production level is enhanced on account of subsequent modification or review of the mining plan, the stamp lease period and the lessee shall deposit the differential stamp duty before such enhancement is carried out by him: provided also that in case a lessee is required to surrender the mining lease or, permanently prohibited from undertaking the extraction of mineral by, or for reasons of any operation of law, court orders passed or any order issued under any law for the time being in force and the reasons of such prohibition are not in any manner attributable to such lessee or his agents, servants, employees or persons claiming through or under such lessee, the lessee shall be entitled for refund of the stamp duty paid by him to the extent of such balance period of lease outstanding: provided also that where the lessee is prohibited from undertaking the extraction of minerals for a temporary period for the reasons mentioned in the third proviso and subject to the conditions specified therein, the stamp duty chargeable shall be equivalent to the amount of the sum total of the dead rent that would be payable for the mining lease under the relevant law in force, for the period of such prohibition. 2 where an application for renewal of a mining lease has been made to the state government prior to the expiry of the lease but renewal of the lease has not been granted by the state government or the mining lease is deemed to have been extended as per the provisions contained in the relevant law in force, by a further period till the state government passes an order thereon, the stamp duty payable under subsection 1 shall be paid by the applicant on or before the date of expiry of the lease or within sixty days from the date of commencement of the indian stamp odisha amendment act, , whichever is later, the manner as may be prescribed. 3 if the application for grant or renewal of mining lease is rejected by the state government, the applicant shall be entitled for refund of full stamp duty by him without any interest. 4 in case of a mining lease whose period is deemed to have been extended by a further period till the state government passes an order thereon and the state government, at a later date, passes an order rejecting the renewal of the lease, the applicant shall be entitled for refund of such amount of stamp duty paid under subsection 1, as arrived at by deducting from the total amount of stamp duty paid, the amount of stamp duty chargeable in respect of such mining lease till the date of such rejection order without any interest. 5 no refund as mentioned in subsections 3 and 4 shall be made if the order rejecting the application is challenged or the time limit for presenting the application for revision of the order of rejection is not expired. vide odisha act 16 of , s. 2 meghalaya. insertion of a new section in central act ii of .after section 3 of the indian stamp act, , the following shall be inserted as section 3a, namely: 3a. surcharge on stamp duty.1 there shall be charged, levied and paid to the government of meghalaya, besides payable under any law for the time being in force including section 3 of this act, a surcharge, herein after referred to as stamp surcharge on the instruments mention on the following items of schedule i of the principal act, namely: item nos. 110, 12,, , 28, 29,31,,48,50, 51, and . provided that the surcharge shall not be payable in respect of instruments exempted by section 3. 2 the rate of stamp surcharge shall be twenty, five paisa per instrument. 3 the stamp surcharge shall be payable as if it were a duty under section 3 and the provisions of this act including the rules thereunder shall according apply and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of stamp surcharge. provide that the government of meghalaya may, for facilitating implementation, by notification, direct that in any case or class the provisions of this act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this section and as may be specified in such notification. 4 notwithstanding anything contained in subsection 3, the government of meghalaya may make rule generally for securing the payment of the stamp surcharge and carrying into effect the provisions the subsections 1 and 2 and in particular for ensuring the proper maintenance and rendering or accounts of the stamp surcharge. vide meghalaya act 13 of , s. 2 meghalaya. insertion of a new section in central act ii of .after section 3 of the indian stamp act, the following shall be inserted as section 3a, namely: 3a. surcharge on stamp duty.1 there shall be charged, levied and paid to the government of meghalaya, besides payable under any law for the time being in force including section 3 of this act, a surcharge, hereinafter referred to as stamp surcharge on the instruments mentioned in the following items of schedule i to the principal act, namely: item nos. 110, 12, , , 28, 29, 31, 36, , 48, 50, 51, and . provided that the surcharge shall not be payable in respect of instruments exempted by section 3. 2 the rate of stamp surcharge shall be twenty. five paise per instrument. 3 the stamp surcharge shall by payable as if it were a duty under section 3 and the provisions of this act including the rules thereunder shall according apply and the authorities for the time being empowered to collect and enforce payment of stamp duty shall, unless otherwise provided for by or under the act, within their respective jurisdiction for purpose of stamp duty accordingly collect and enforce payment of stamp surcharge. provided that the government of meghalaya may, for facilitating implementation, by notification, direct that in any case or class the provisions of this act including the rules thereunder shall apply subject to such indications not inconsistent with the provisions of this section and as may be specified in such notification. 4 notwithstanding anything contained in subsection 3, the government of meghalaya may make rules generally for securing the payment of the stamp surcharge and carrying into effect the provisions the subsections 1 and 2 and in particular for ensuring the proper maintenance and rendering or accounts of the stamp surcharge. vide meghalaya act 15 of , s. 2 1 subs. by act 43 of , s. 2, for the states w.e.f. . 2. ins. by act 5 of , s. 5. 3. the word cheque omitted by s. 5, ibid.

section 3a.. of the indian stamp act : instruments chargeable with additional duty. omitted by the refugee relief taxes abolition act, 13 of , s. 2 w.e.f. . tripura. substitution of section 3b. for section 3b of the principal act, as inserted by the union territories taxation laws amendment act, , the following shall be substituted, namely: 3b. instrument chargeable with additional duty.1 every instrument chargeable with duty under section 3, read with schedule 1, not being an instrument mentioned articles nos. 13, 14, 27, 37, 47, 49, 52, 53 or 62a, shall, in addition to such duty, be chargeable with a duty of ten paise. 2 the additional duty with which any instrument is chargeable under subsection 1 shall be paid and such payment shall be indicated on such instrument by means of adhesive stamp.. vide tripura act 5 of , s.

section 8a. of the indian stamp act : 18a. securities dealt in depository not liable to stamp duty.notwithstanding anything contained in this act or any other law for the time being in force, a an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue, be chargeable with duty on the total amount of securities issued by it and such securities need not be stamped b the transfer of registered ownership of securities from a person to a depository or from a depository to a beneficial owner shall not be liable to duty explanation.for the purposes of this section, the expression beneficial ownership shall have the same meaning as assigned to it in clause a of subsection 1 of section 2 of the depositories act, 22 of 1. subs. by act 7 of , s. 14, for section 8a w.e.f. .

section 4. of the indian stamp act : 1 where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in schedule i, for the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one rupee instead of the duty if any prescribed for it in that schedule. 2 the parties may determine for themselves which of the instrument so employed shall, for the purposes of subsection 1, be deemed to be the principal instrument: provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed. 13 notwithstanding anything contained in subsections 1 and 2, in the case of any issue, sale or transfer of securities, the instrument on which stampduty is chargeable under section 9a shall be the principal instrument for the purpose of this section and no stampduty shall be charged on any other instruments relating to any such transaction. state amendment himachal pradesh. amendment of section 4. in subsection 1 of section 4 of the said act a for the word and figure schedule i the word, figure and letter schedule ia shall be substituted, and b for the words one rupee, the words two rupees shall be substituted. vide himachal pradesh act 4 of , s. 4 orissa. amendment of section 4. in section 4 of the indian act, 2 of hereinafter referred to as the principal act in subsection 1, for the words, one rupee, and eight annas the words ten rupees shall be substituted. vide orissa act 1 of , s. 2 manipur amendment of sections 4 and 6.in subsection 1 of section 4 and in the proviso to section 6 of the indian stamp act, s application to the state of manipur hereinafter referred to as the principal act the words two rupees wherever they occur, the words two rupees and paise fifty shall be substituted. vide manipur act 4 of , s. 2 1. ins. by act 7 of , s. 13 w.e.f. .

section 8b. of the indian stamp act : 18b. corporatisation and demutualisation schemes and related instruments not liable to dutynotwithstanding anything contained in this act or any other law for the time being in force, a a scheme for corporatisation or demutualisation, or both of a recognised stock exchange or b any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the corporatisation or demutualisation, or both of a recognised stock exchange pursuant to a scheme, as approved by the securities and exchange board of india under subsection 2 of section 4b of the securities contracts regulation act, 42 of , shall not be liable to duty under this act or any other law for the time being in force. explanation. for the purposes of this section, a the expressions corporatisation, demutualisation and scheme shall have the meanings respectively assigned to them in clauses aa, ab and ga of section 2 of the securities contracts regulation act, 42 of b securities and exchange board of india means the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of . 1. ins. by act 18 of , s.114 w.e.f. .

section 6. of the indian stamp act : subject to the provisions of the last preceding section, an instrument so framed as to come within two or more of the descriptions in schedule i, shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties: provided that nothing in this act contained shall render chargeable with duty exceeding one rupee a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. state amendment himachal pradesh. amendment of section 6 in section 6 of the said act 1 after the word and figure schedule i the words, figure and letter or schedule ia shall be inserted. 2 in the proviso, for the words one rupee the words two rupees shall be substituted and after the words has been paid the following shall be added, namely unless it falls within the provisions of section 6a. vide himachal pradesh act 4 of , s. 5 orissa. amendment of section 6.in the proviso the section 6 of the principal act, for the words one rupees and eight annas, the words ten rupees shall be substituted. vide orissa act 1 of , s. 3 state amendment himachal pradesh. addition of a new section 6a.after section 6 of the said act, the following new section shall be inserted: 6a. payment of himachal pradesh stamp duty on copies, counterparts or duplicates when that duty has not been paid on the principal or original instrument. 1 notwithstanding anything contained in sections 4 or 6 or in any other law, unless it is proved that the duty chargeable under the indian stamp himachal pradesh amendment act, has been paid: a on the principal or original instrument as the case may be or b in accordance with the provisions of this section, the duty chargeable on an instrument of sale, mortgage or settlement other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in himachal pradesh, have been chargeable, under the indian stamp himachal pradesh amendment act, , with a higher rate of duty with which the principal or original instrument would have been chargeable under section 19a. 2 notwithstanding anything contained in section 35 or in any other law, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence as properly stamped unless the duty chargeable under this section has been paid thereon: provided that a court before which any such instrument, counterpart, duplicate or copy is produced, shall permit the duty chargeable under this section, to be paid thereon and shall then receive it in evidence. vide himachal pradesh act 4 of , s. 6

section 5. of the indian stamp act : any instrument comprising or relating to several distinct matters shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters, would be chargeable under this act.

section 8e. of the indian stamp act : 18e. conversion of a branch of any bank into a wholly owned subsidiary of bank or transfer of shareholding of a bank to a holding company of bank not liable to duty. notwithstanding anything contained in this act or any other law for the time being in force, a conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines of the reserve bank of india shall not be liable to duty under this act or any other law for the time being in force or b any instrument, including an instrument of, or relating to, transfer of any property, business, asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in connection with, the conversion of a branch of a bank into a wholly owned subsidiary of the bank or transfer of shareholding of a bank to a holding company of the bank in terms of the scheme or guidelines issued by the reserve bank of india in this behalf, shall not be liable to duty under this act or any other law for the time being in force. explanation. i for the purposes of this section, the expression bank means a a banking company as defined in clause c of section 5 of the banking regulation act, 10 of b a corresponding new bank as defined in clause da of section 5 of the banking regulation act, 10 of c state bank of india constituted under section 3 of the state bank of india act, 23 of d a subsidiary bank as defined in clause k of section 2 of the state bank of india subsidiary banks act, 38 of e a regional rural bank established under section 3 of the regional rural banks act, 21 of f a cooperative bank as defined in clause cci of section 5 of the banking regulation act, 10 of g a multistate cooperative bank as defined in clause cciiia of section 5 of the banking regulation act, 10 of ii for the purposes of this section, the expression the reserve bank of india means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of . 1. ins. by act 4 of , s. 17 and the schedule w.e.f. .

section 8. of the indian stamp act : 1 notwithstanding anything in this act, any local authority raising a loan under the provisions of the local authorities loan act, xi of or, of any other law for the time being in force, by the issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of 1 one per centum on the total amount of the bonds, debentures or other securities issued by it, and such bonds, debentures or other securities need not be stamped and shall not be chargeable with any further duty on renewal, consolidation, subdivision or otherwise. 2 the provisions of subsection 1 exempting certain bonds, debentures or other securities from being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or other securities shall be valid, whether the same are stamped or not: provided that nothing herein contained shall exempt the local authority which has issued such bonds, debentures or other securities from the duty chargeable in respect thereof prior to the twentysixth day of march, , when such duty has not already been paid or remitted by order issued by the central government. 3 in the case of wilful neglect to pay the duty required by this section, the local authority shall be liable to forfeit to the government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which the neglect continues. 1. subs. by act 6 of , s. 2, for eight annas per centum.

section 8f. of the indian stamp act : 18f. agreement or document for transfer or assignment of rights or interest in financial assets not liable to stampduty.notwithstanding anything contained in this act or any other law for the time being in force, any agreement or other document for transfer or assignment of rights or interest in financial assets of banks or financial institutions under section 5 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of , in favour of any asset reconstruction company, as defined in clause ba of subsection 1 of section 2 of that act, shall not be liable to duty under this act. 1. ins. by act 44 of , s. 43 and the first schedule w.e.f. .

section 8c. of the indian stamp act : 18c. negotiable warehouse receipts not liable to stampduty.notwithstanding anything contained in this act, negotiable warehouse receipts shall not be liable to stamp duty. 1. ins by act 37 of , s. 55 w.e.f. .

section 9b. of the indian stamp act : 19b. instruments chargeable with duty for transactions otherwise than through stock exchanges and depositories.notwithstanding anything contained in this act, a when any issue of securities is made by an issuer otherwise than through a stock exchange or depository, the stampduty on each such issue shall be payable by the issuer, at the place where its registered office is located, on the total market value of the securities so issued at the rate specified in schedule i b when any sale or transfer or reissue of securities for consideration is made otherwise than through a stock exchange or depository, the stampduty on each such sale or transfer or reissue shall be payable by the seller or transferor or issuer, as the case may be, on the consideration amount specified in such instrument at the rate specified in schedule i. 1. ins. by act 7 of , s. 15 w.e.f. .

section 8d. of the indian stamp act : 18d. agreement or document for assignment of receivables not liable to stampduty. notwithstanding anything contained in this act or any other law for the time being in force, any agreement or other document for assignment of receivables as defined in clause p of section 2 of the factoring regulation act, in favour of any factor as defined in clause i of section 2 of the said act shall not be liable to duty under this act or any other law for the time being in force. 1. ins. by act 12 of , s. 35 and the schedule w.e.f. .

section 10. of the indian stamp act : 1 except as otherwise expressly provided in this act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps a according to the provisions herein contained or b when no such provision is applicable thereto0as the 1state government may be rule direct. 2 the rules made under subsection 1 may, among other matters, regulate, a in the case of each kind of instrumentthe description of stamps which may be used b in the case of instruments stamped with impressed stampsthe number of stamps which may be used c in the case of bills of exchange or promissory notes 2 the size of the paper on which they are written. state amendments assam insertion of section 10a.the principal act, after the existing section the following shall be inserted as section 10a, namely: 10a. for shortage of stamps how duty to be paid1 notwithstanding anything contained in section 10, where the state government or the collector, as the case may be, is satisfied that there is shortage of stamps in the district or stamps of required denominations are not available, the state government or the collector may permit payment of the duty to be paid in cash or by way of demand draft or by pay order and authorize the treasury officer or subtreasury officer or subregistrar or any other authorised officer, as the case may be, on production of a challan evidencing payment of duty in the government treasury or subtreasury of a demand draft or by pay order drawn on a branch of any schedule bank, as the case may be, after due verification, to certify in such manner as may be prescribed, by endorsement on the instrument of the amount of duty so paid in cash.aid in cash. explanation.government treasury includes a government subtreasury and any other place as the state government may, by notification in the assam gazette, appoint in this behalf: provided that the state government may, be order published in the official gazette, direct that the power exercisable by it or by the collector under this section may be exercised by such other officers as may be specified in the order. 2 an endorsement made on any instrument under subsection 1 shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirements of section 10. 3 nothing in this section shall apply to, i the payment of stamp duty chargeable on the instruments specified in entry 91 of list i of the seventh schedule to the constitution of india and ii the instruments presented after six months from the date of their execution or first execution. vide assam act 22 of , s. 2 meghalaya amendment of section 10 of central act 2 of .in the indian stamp act, after section 10 the following new section shall be inserted as section 10a, namely: 10a. notwithstanding anything contained in section 10 where, a i the state government, in relation to any area in the state or ii the deputy commissioner, in relation to any area in district under his charge, is satisfied that on account of temporary, shortage of stamps in any area, duty cannot be paid, and payment of duty cannot be indicated on instruments, by means of stamps, the state government, or as the case may be, the deputy commissioner may, by notification, in the official gazette, direct that in such area and for such period as maybe specified in such notification, the duty may be paid in cash in any treasury or subtreasury and shall on production of a challan evidencing payments of stamp duty in the government treasury certify endorsement on the instrument in respect of which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the amount of the duty so paid. b an endorsement made on any instrument under clause a shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment has been indicated on, such instrument by means of stamps, under section 10.. vide meghalaya act 6 of , s.2 uttarakhand amendment of section 10.after section 10a the following section shall be inserted, namely: 10b various modes of payment of duty notwithstanding anything contained in section 10 10a all duties with which any instruments are chargeable shall be paid, 1 by way of cash or 2 by demand draft or 3 by pay order or 4 by epayment in government treasury or subtreasury or general stamp office or, as the case may be, government receipt accounting system g.r.a.s. virtual treasury and such payment shall be indicated by endorsement on such instruments by an officer authorised by the state government. vide uttarakhand act 1 of , s. 3 uttar pradesh amendment of section 10a. in section 10a of the principal act, for subsection 1 the following subsection shall be substituted namely : 1 notwithstanding anything contained in section 10 a where the collector is satisfied that there is temporary shortage of stamps in the district or that stamps of required denominations are not available, he may permit duty to be paid in cash and authorize the officerincharge of the treasury on production of a challan evidencing payment of duty in the government treasury or subtreasury, to certify by endorsement on the instrument or instruments the amount of duty so paid in cash b where the state government considers it expedient so to do, it may, in any district, permit duty to be paid in cash and authorize any officer, to receive payment of duty in cash and to certify by endorsement by means of a franking machine on the instrument or instruments the amount of duty so paid in cash. vide uttar pradesh act 11 of , s. 3 uttar pradesh insertion of new section 10a. after section 10 of the principal act, the following section shall be inserted, namely : 10a. payment of duty in cash.1 notwithstanding anything contained in section 10, where the collector is satisfied that there is temporary shortage of stamps in the district or that stamps of required denominations are not available, he may permit duty to be paid in cash and authorize the officerincharge of the treasury on production of a challan evidencing payment of duty in the government treasury or subtreasury, to certify by endorsement on the instruments or instruments the amount of duty so paid in cash. 2 an endorsement made on any instrument under subsection 1 shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement has been paid in respect thereof and such payment has been indicated on such instrument by means of stamps in accordance with the requirement of section 10. vide uttar pradesh act 20 of , s. 4 1. subs. by the a.o. , for collecting government. 2. the words written in any oriental language omitted by act 43 of , s. 5 w.e.f. .

section 9. of the indian stamp act : show related subordinates 11 2the 3government may, by rule or order published in the official gazette, a reduce or remit, whether prospectively or retrospectively, in the whole or any part of 4the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class, are chargeable, and b provide for the composition or consolidation of duties 5of policies of insurance and in the case of issues by any incorporated company or other body corporate 6or of transfers where there is a single transferee, whether incorporated or not of debentures, bond or other marketable securities. 72 in this section the expression the government means, a in relation to stampduty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and in relation to any other stampduty chargeable under this act and falling within entry 96 in list i in the 8seventh schedule to the constitution, expect the subject matters referred to in clause b of subsection 1 the central government b save as aforesaid, the state government. state amendment karnataka insertion of new section 9a.after section 9 of the indian stamp act, central act 2 of , the following section shall be inserted, namely: 9a. power of state government to consolidate duties in respect of receipts.subject to such conditions as may be specified, the state government may, by order, provide for the consolidation of duties in respect of any receipts or class of receipts given by any person or class of persons including any government. vide karnataka act 29 of , s. 2 1. s. 9 renumbered as subsection 1 of that section by the a.o. . 2. subs. by the a.o. , for the g.g. in c. 3. the word collecting omitted by the a.o. . 4. subs. by the a.o. , for british india. 5. ins. by act 23 of , s. 117. 6. ins. by act 32 of , s. 99 w.e.f. . 7. added by the a.o. . 8. subs by act 21 of s. 69, for seventh schedule to the constitution. w.e.f. .

section 8g., of immovable property by government company not liable to stamp duty. of the indian stamp act : 18g. strategic sale, disinvestment, etc., of immovable property by government company not liable to stamp duty.notwithstanding anything contained in this act or any other law for the time being in force, any instrument for conveyance or transfer of a business or asset or right in any immovable property from a government company, its subsidiary, unit or joint venture, i by way of strategic sale or disinvestment or demerger or any other scheme of arrangements or through any law, to another government company or to the central government or any state government or to the development financial institution established by any law made by parliament or ii which is to be wound up, closed, struckoff, liquidated or otherwise shut down, to another government company or to the central government or any state government, after approval of the central government or the state government, as the case may be, shall not be liable to duty under this act. explanation.for the purposes of this section, government company shall have the same meaning as assigned to it in clause 45 of section 2 of the companies act, 18 of . 1. ins. by act 13 of , s. 126 w.e.f. .

section 13. of the indian stamp act : every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.

section 9a. of the indian stamp act : 19a. instruments chargeable with duty for transactions in stock exchanges and depositories.1 notwithstanding anything contained in this act, a when the sale of any securities, whether delivery based or otherwise, is made through a stock exchange, the stampduty on each such sale in the clearance list shall be collected on behalf of the state government by the stock exchange or a clearing corporation authorised by it, from its buyer on the market value of such securities at the time of settlement of transactions in securities of such buyer, in such manner as the central government may, by rules, provide b when any transfer of securities for a consideration, whether delivery based or otherwise, is made by a depository otherwise than on the basis of any transaction referred to in clause a, the stampduty on such transfer shall be collected on behalf of the state government by the depository from the transferor of such securities on the consideration amount specified therein, in such manner as the central government may, by rules, provide c when pursuant to issue of securities, any creation or change in the records of a depository is made, the stampduty on the allotment list shall be collected on behalf of the state government by the depository from the issuer of securities on the total market value of the securities as contained in such list, in such manner as the central government may, by rules, provide. 2 notwithstanding anything contained in this act, the instruments referred to in subsection 1 shall be chargeable with duty as provided therein at the rate specified in schedule i and such instruments need not be stamped. 2provided that no such duty shall be chargeable in respect of the instruments of transaction in stock exchanges and depositories established in any international financial services centre set up under section 18 of the special economic zones act, 28 of . 3 from the date of commencement of this part, no stampduty shall be charged or collected by the state government on any note or memorandum or any other document, electronic or otherwise, associated with the transactions mentioned in subsection 1. 4 the stock exchange or a clearing corporation authorised by it or the depository, as the case may be, shall, within three weeks of the end of each month and in accordance with the rules made in this behalf by the central government, in consultation with the state government, transfer the stampduty collected under this section to the state government where the residence of the buyer is located and in case the buyer is located outside india, to the state government having the registered office of the trading member or broker of such buyer and in case where there is no such trading member of the buyer, to the state government having the registered office of the participant: provided that before such transfer, the stock exchange or the clearing corporation authorised by it or the depository shall be entitled to deduct such percentage of stampduty towards facilitation charges as may be specified in such rules. explanation.the term participant shall have the same meaning as assigned to it in clause g of section 2 of the depositories act, 22 of . 5 every stock exchange or the clearing corporation authorised by it and depository shall submit to the government details of the transactions referred to in subsection 1 in such manner as the central government may, by rules, provide. 1. ins. by act 7 of , s. 15 w.e.f. . earlier notified w.e.f. followed by . 2. ins. by act 12 of , s. 143, w.e.f. .

section 11. of the indian stamp act : the following instruments may be stamped with adhesive stamps, namely: a instruments chargeable 1with a duty not exceeding ten naye paise, except parts of bills of exchange payable otherwise than on demand and drawn in sets b bills of exchange, 2 and promissory notes drawn or made out of 3india c entry as an advocate, vakil or attorney on the roll of a high court d notarial acts and e transfers by endorsement of shares in any incorporated company or other body corporate. state amendment uttar pradesh amendment of section 11.in section 11 of the principal act, in clause c, after the words state bar council of uttar pradesh the words and certificates of enrolment issued to revenue agents or mukhtars shall be inserted. vide uttar pradesh act 19 of , s. 3 insertion of section 11a. after section 11 of the principal act, the following section shall be inserted, namely :. 11a. payment of duty in cash on such memos. 1 notwithstanding anything contained in section 11, the stamp duty due under article 25a of schedule ib on a counterpart or duplicate including counterfoil or carbon copy of a bill or cash memo may be paid either by means of stamps on the date of issue of such instruments, or in cash once in every quarter, for all such instruments issued in the previous quarter, into the treasury or subtreasury under such head as the state government may by general or special order direct.. 2 the treasury challan prepared for deposit of duty in cash shall be accompanied by such statement and shall be preserved for the purpose of verification for such period and proper account thereof shall be maintained in such form as the state government may by general or special order direct. vide uttar pradesh act 49 of , s. 4. amendment of section 11.in section 11 of the principal act, in clause c, after the words state bar council of uttar pradesh the words and certificate of enrolment issued to revenue agents or mukhtars shall be inserted.. vide uttar pradesh act 19 of , s. 3. 1. subs. by act 19 of , s. 2, for with the duty of one anna or half an anna w.e.f. . 2. the word cheques omitted by act 5 of , s. 5. 3. subs. by act 43 of , s. 2, for the states w.e.f. .

section 17. of the indian stamp act : all instruments chargeable with duty and executed by any person in 1india shall be stamped before or at the time of execution. state amendment assam amendment of section 17.in the principal act, in section 17, after the existing provision, the following proviso shall be inserted namely: provided that nothing in this section shall apply to the instrument in respect of which stamp duty has been paid under section 10a. vide assam act 22 of , s. 3 1. subs. by act 43 of , s. 2, for the states w.e.f. .

section 12. of the indian stamp act : 1 a whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again and b whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it cannot be used again. 2 any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped. 3the person required by subsection 1 to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner.

section 19. of the indian stamp act : the first holder in 1india of any bill of exchange 3payable otherwise than on demand, 2 or promissory note drawn or made out of 1india shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in 1india, affix thereto the proper stamp and cancel the same: provided that, a if, at the time any such bill of exchange, 2 or note comes into the hands of any holder thereof in 1india, the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by section 12 and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this act, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled b nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp. state amendment himachal pradesh. addition of a new section 19a.after section 19 of the said act the following new section shall be inserted, namely: 19a. payment of duty on certain instruments liable to increased duty in himachal pradesh under clause bb of section 3. where any instrument has become chargeable in any part of india and thereafter becomes chargeable with higher rate of duty in the himachal pradesh under clause bb of the first proviso to section 3 as amended by the indian stamp himachal pradesh amendment act, i notwithstanding anything contained in the said proviso, the amount of duty chargeable on such instrument shall be the amount chargeable on it under schedule ia less the amount of duty, if any already paid on it in india, ii in addition to the stamps, if any, already affixed thereto, such instrument shall be stamped with the stamps necessary for the payment of the amount of duty chargeable on it under clause i in the same manner and at the same time and by the same person as though such instrument were an instrument received in india for the first time at the time when it became chargeable with the higher duty. vide himachal pradesh act 4 of , s. 7 1. subs. by act 43 of , s. 2, for the states w.e.f. . 2. the word cheque omitted by act 5 of , s. 5. 3. ins. by s. 5, ibid.

section 20. of the indian stamp act : 1 where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other than that of 1india such duty shall be calculated on the value of such money in the currency of 1india according to the current rate of exchange on the day of the date of the instrument. 2 the central government may, from time to time, by notification in the official gazette, prescribe a rate of exchange for the conversion of british or any foreign currency into the currency of 1india for the purposes of calculating stampduty, and such rate shall be deemed to be the current rate for the purposes of subsection 1. 1. subs. by act 43 of , s. 2, for the states w.e.f. .

section 15. of the indian stamp act : every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped.

section 21. of the indian stamp act : where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on 1the market value of such stock or security. 2provided that the market value for calculating the stampduty shall be, in the case of i options in any securities, the premium paid by the buyer ii repo on corporate bonds, interest paid by the borrower and iii swap, only the first leg of the cash flow. 1. subs. by act 7 of , s. 16, for the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument. w.e.f. . 2. ins. by s. 16, ibid.,w.e.f. .

section 14. of the indian stamp act : no second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby.

section 16. of the indian stamp act : where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such lastmentioned duty shall, if application is made in writing to the collector for that purpose, and on production of both the instruments, be denoted upon such firstmentioned instrument by endorsement under the hand of the collector or in such other manner if any as the 1state government may by rule prescribe. 1. subs. by the a.o. , for collecting government.

section 18. of the indian stamp act : 1 every instrument chargeable with duty executed only out of 2india, and not being a bill of exchange 3 or promissory note, may be stamped within three months after it has been first received in 2india. 2 where any such instrument cannot, with reference to the description of stamp prescribed therefore, be duly stamped by a private person, it may be taken within the said period of three months to the collector, who shall stamp the same, in such manner as the 1state government may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for. 1. subs. by the a.o. , for collecting government. 2. subs. by act 43 of , s. 2, for the states w.e.f. . 3. the word cheque omitted by act 5 of , s. 5.

section 22. of the indian stamp act : where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subjectmatter of such statement, be presumed, until the contrary is proved, to be duly stamped.

section 28. of the indian stamp act : 1 where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration. 2 where property contracted to be purchased for one consideration for the whole, by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments to the persons by or for whom the same was purchased, for distinct parts of the consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein specified. 3 where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the subpurchaser the conveyance shall be chargeable with ad valorem duty in respect of the consideration for the sale by the original purchaser to the subpurchaser. 4 where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a subpurchaser shall be chargeable with ad valorem duty in respect only of the consideration paid by such subpurchaser, without regard to the amount or value of the original consideration and the conveyance of the residue if any of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the subpurchasers: provided that the duty on such lastmentioned conveyance shall in no case be less than one rupee. 5 where a subpurchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with a duty of five rupees. state amendment orissa. amendment of section 28. in section 28 of the principal act, i for subsection 1, the following subsection shall be substituted, namely: 1 where any property has been contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate parts by different instruments, the consideration shall be apportioned in such manner as the parties think fit: provided that a distinct consideration for each separate part is set forth in the conveyance relating thereto and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration: provided further that the market value of the separate part shall be set forth along with the consideration for each part and the conveyance shall be chargeable with ad valorem. duty in respect of such distinct consideration or the market value, whichever is higher.. ii to subsection 2 the following words and comma shall be added at the end, namely: or the market value of each such separate part whichever is higher.. iii to subsection 3 the following words and comma shall be added at the end, namely: or the market value of the property, whichever is higher.. iv for subsection 4, the following subsection shall be substituted, namely: 4 where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the property is in consequence conveyed by the original seller to different persons in part, the conveyance of each part sold to a subpurchaser shall be chargeable with ad valorem duty in respect of the consideration paid by such subpurchaser or the market value of each part whichever is higher without regard to the amount or value of the original consideration and the conveyance of the residue, if any, of such property to the original purchaser shall be chargeable with ad valorem duty in respect only of the excess of the original consideration over the aggregate of the considerations paid by the subpurchasers or the market value of the residue of such property whichever is higher: provided that the duty on such last mentioned conveyance shall in no case be less than one rupee.. v for subsection 5, the following subsection shall be substituted, namely: 5 where a subpurchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty in respect of consideration paid by him or the market value of the property whichever is higher and is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the consideration obtained by such original seller or the market value of such property whichever is higher, or, where such duty would exceed five rupees with a duty of five rupees, vide orissa act 7 of , s. 4

section 23. of the indian stamp act : where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable had no mention of interest been made therein.

section 23a. of the indian stamp act : 123a. certain instruments connected with mortgages of marketable securities to be chargeable as agreements. 1 where an instrument not being a promissory note or bill of exchange a is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or b makes redeemable or qualifies a duly stamped transfer, intended as a security, of any marketable security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under 2article no. 5 c of schedule i. 2 a release or discharge of any such instrument shall only be chargeable with the like duty.. state amendment himachal pradesh amendment of section 23a. in subsection 1 of section 23a of the said act, for the word and figure schedulei the word, figure and letter schedule ia shall be substituted. vide himachal pradesh act 4 of , s. 8 1. ins. by act 15 of , s. 3. 2. subs. by act 1 of , s. 3, for article no. 5b.

section 24., to be charged. of the indian stamp act : where any property is transferred to any person in consideration, wholly or in part, of any debt due to him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is chargeable with ad valorem duty: provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in article no. 18 of schedule i. explanation. in the case of a sale of property subject to a mortgage or other incumbrance, any unpaid mortgagemoney or money charged, together with the interest if any due on the same, shall be deemed to be part of the consideration for the sale: provided that, where property subject to a mortgage is transferred to the mortgage, he shall be entitled to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the mortgage. illustrations 1 a owes b rs. 1,000. a sells a property to b, the consideration being rs. 500 and the release of the previous debt of rs. 1,000. stampduty is payable on rs. 1,500. 2 a sells a property to b for rs. 500 which is subject to a mortgagee to c for rs. 1,000 and unpaid interest rs 200. stampduty is payable on rs. 1,700. 3 a mortgages a house of the value of rs. 10,000 to b for rs. 5,000. b afterwards buys the house from a. stampduty is payable on rs. 10,000 less the amount of stampduty already paid for the mortgage. state amendment himachal pradesh. amendment of section 24. in the proviso to section 24, of the said act, for the full stop shall be substituted a comma followed by the words or schedule i a, as the case may be. vide himachal pradesh act 4 of , s. 9 orissa. amendment of section 24. in section 24 of the indian stamp act, 2 of herein after referred to as the principal act, for the words in respect whereof the transfer is chargeable with ad valorem duty the words and the transfer is chargeable with ad valorem duty in respect of the consideration or the market value of the property so transferred, whichever is higher, shall be substituted. vide orissa act 7 of , s. 2

section 25. of the indian stamp act : where an instrument is executed to secure the payment of an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instrument or the consideration for such conveyance, as the case may be, shall, for the purposes of this act, be deemed to be, a where the sum is payable for a definite period so that the total amount to be paid can be previously ascertainedsuch total amount b where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyancethe total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due and c where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance the maximum amount which will or may be payable as aforesaid during the period of twelve years calculated from the date on which the first payment becomes due.

section 26. of the indian stamp act : where the amount or value of the subjectmatter of any instrument chargeable with ad valorem duty cannot be, or in the case of an instrument executed before the commencement of this act could not have been, ascertained at the date of its execution or first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient: 1provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stampduty, a when the lease has been granted by or on behalf of 2the government, at such amount or value as the collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to 3the government under the lease, or b when the lease has been granted by any other person, at twenty thousand rupees a year, and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease: provided also that where proceedings have been taken in respect of an instrument under section 31 or 41, the amount certified by the collector shall be deemed to be the stamp actually used at the date of execution. 1. subs. by act 15 of , s. 4, for the proviso. 2. subs. by the a.o. , for the secretary of state in council. 3. subs., ibid., for the said secretary of state in council.

section 27. of the indian stamp act : the consideration if any and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it its chargeable, shall be fully and truly set forth therein. state amendment assam amendment of section 27.in the principal act, in section 27, for the words and brackets, the consideration if any, the words the market value of the property shall be substituted. vide assam act 22 of , s. 4 amendment of section 27.in the principal act, after section 27, the following new section shall be inserted namely: 27a. instrument of conveyance etc. under valued how to be dealt with.1 if the registering officer appointed under the registration act, central act 16 of while registering any instrument of conveyance, exchange or gift has reason to believe that the market value of the property as fixed by the government/collector of the district, which is subject matter of conveyance, exchange or gift had not been truly set forth in the instrument, he may after registering such instrument, refer the same to the collector for determination of the market value of such proper and the property duty payable thereon. 2 on receipt of a reference under subsection 1, the collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this act, determine the market value of the property which is the subject matter of conveyance, exchange or gift and the duty as aforesaid, and thereupon the difference, if any, in the amount of duty, shall be payable by the persons liable to pay the duty. 3 the collector may, on his own motion or otherwise, within two years from the date of registration of any instrument or conveyance, exchange or gift not already referred to him under subsection 1 call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property as set forth in such instrument, which is the subject matter of conveyance, exchange or gift and the duty payable thereon and if after such examination he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid and thereupon the difference, if any in the amount of duty, shall be payable by the person liable to pay the duty: provided that nothing in this subsection shall apply to instrument registered before the date of commencement of the indian stamp assam amendment act, . 4 any person aggrieved by an order of the collector under subsection 2 or subsection 3 may prefer an appeal to the civil judge of appropriate jurisdiction and all such appeals shall be preferred within such time and shall be heard and disposed of in such manner as may be prescribed. explanationfor the purpose of this act, market value of any property shall be estimated to be the price which in the opinion of the collector or the civil judge senior division, as the case may be, such property would have fetched or would fetch, if sold in the open market on the date of execution of the instrument of conveyance, exchange or gift. vide assam act 22 of , s. 5 state amendment himachal pradesh. amendment of section 27.for the words and brackets the consideration if any occurring in section 27 of the indian stamp act, 2 of hereinafter called as the principal act, the words and signs the consideration, if any, the market value of the property shall be substituted. vide himachal pradesh act 7 of , s. 2 orissa. amendment of section 27. in section 27 of the principal act, for the words and brackets the consideration if any, the words and commas the consideration, if any, the market value of the property shall be substituted. vide orissa act 7 of , s. 3

section 29. of the indian stamp act : in the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne a in the case of any instrument described in any of the following articles of schedule i, namely: no. 2. administration bond, 1no. 6 agreement relating to deposit of titledeeds, pawn or pledge, no. 13 bill of exchange, no. 15 bond, no. 16 bottomry bond, no. 26 customs bond, 2 no. 32 further charge, no. 34 indemnitybond, no. 40 mortgagedeed, no. 49 promissorynote, no. 55 release, no. 56 respondentia bond, no. 57 securitybond or mortgagedeed, no. 58 settlement, 3 4 no. 62 c. transfer of any interest secured by a bond, mortgagedeed or policy of insurance, by the person drawing, making or executing such instrument: 5b in the case of a policy of insurance other than fireinsuranceby the person effecting the insurance bb in the case of a policy of fireinsuranceby the person issuing the policy c in the case of a conveyance including reconveyance of mortgaged property by the grantee: in the case of a lease or agreement to leaseby the lessee or intended lessee: d in the case of a counterpart of a leaseby the lessor e in the case of an instrument of exchange 6including swapby the parties in equal shares, f in the case of a certificate of saleby the purchaser of the property to which such certificate relates 7 g in the case of an instrument of partitionby the parties thereto in proportion to their respective shares in the whole property partitioned or, when the partition is made in execution of an order passed by a revenueauthority or civil court or arbitrator, in such proportion as such authority, court or arbitrator directs. 8h in the case of sale of security through stock exchange, by the buyer of such security i in the case of sale of security otherwise than through a stock exchange, by the seller of such security j in the case of transfer of security through a depository, by the transferor of such security k in the case of transfer of security otherwise than through a stock exchange or depository, by the transferor of such security l in the case of issue of security, whether through a stock exchange or a depository or otherwise, by the issuer of such security and m in the case of any other instrument not specified herein, by the person making, drawing or executing such instrument. state amendment uttarakhand. amendment of section 29.in section 29 of the principal act, a in clause a, after the words and figures, no. 40 mortgage deed, the words and figures no. 43 note or memorandum, shall be inserted b after clause f, the following clause shall be inserted, namely, ff in the case of an instrument of gift by the donee vide uttarakhand act 1 of , s. 4 1. subs. by act 15 of , s. 5, for ,no. 6 agreement to mortgage,. 2. the words, figures and brackets ,no. 27 debenture, omitted by act 7 of , s. 17 w.e.f. . ic950earlier notified w.e.f. 9 followed by 3. the words, figures, brackets and letter ,no. 62 a transfer of shares in an incorporated company or other body corporate, omitted by s. 17, ibid. w.e.f. . earlier notified w.e.f. followed by 4. the words, figures, brackets and letter ,no. 62 b. transfer of debentures, being marketable securities, whether the debenture is liable to duty or not, except debentures provided for by section 8,, omitted by s. 17,ibid w.e.f. . earlier notified w.e.f. followed by 5. subs. by act 5 of , s. 4, for clause b. 6. ins. by act 7 of , s. 17 w.e.f. . earlier notified w.e.f. followed by 7. the ,and, omitted by s. 17, ibid. w.e.f. . earlier notified w.e.f. followed by 8. ins. by s. 17, ibid. w.e.f. . earlier notified w.e.f. followed by

section 36. of the indian stamp act : where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.

section 30. of the indian stamp act : any person receiving any money exceeding twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding twenty rupees, or receiving in satisfaction or part satisfaction of a debt any moveable property exceeding twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque, note or property, give a duly stamped receipt for the same. 1any person receiving or taking credit for any premium or consideration for any renewal of any contract of fireinsurance, shall, within one month after receiving or taking credit for such premium or consideration, give a duly stamped receipt for the same. 1. added by act 5 of , s. 5.

section 31. of the indian stamp act : 1 when any instrument, whether executed or not and whether previously stamped or not, is brought to the collector, and the person bringing it applies to have the opinion of that officer as to the duty if any with which it is chargeable, and pays a fee of such amount not exceeding five rupees and not less than 1fifty naye paise as the collector may in each case direct, the collector shall determine the duty if any with which, in his judgment, the instrument is chargeable. 2 for this purpose the collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove that all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly: provided that a no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable and b every person by whom any such evidence is furnished, shall, on payment of the full duty with which the instrument to which it relates, is chargeable, be relieved from any penalty which he may have incurred under this act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. state amendments orissa. amendment of section 31.in section 31 of the principal act, in subsection 1, for the words not exceeding five rupees and not less than fifty naye paise, the words not exceeding twenty rupees and not less than five rupees, shall respectively be substituted.. vide orissa act 1 of , s. 4 uttarakhand. amendment of section 31.in subsection 1, for the words, pays a fee of such amount not exceeding five rupees and not less than fifty paisa as the collector may in each case direct, the words, pays a fee such amount as may be fixed by state government by notification in the official gazette, shall be substituted. vide uttarakhand act 1 of , s. 5 1. subs. by act 19 of , s. 3, for eight annas w.e.f. .

section 32. of the indian stamp act : 1 when an instrument brought to the collector under section 31 is, in his opinion, one of a description chargeable with duty, and a the collector determines that it is already fully stamped, or b the duty determined by the collector under section 31, or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the collector shall certify by endorsement on such instrument that the full duty stating the amount with which it is chargeable has been paid. 2 when such instrument is, in his opinion, not chargeable with duty, the collector shall certify in manner aforesaid that such instrument is not so chargeable. 3 any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly stamped: provided that nothing in this section shall authorize the collector to endorse a any instrument executed or first executed in 1india and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be b any instrument executed or first executed out of 1india and brought to him after the expiration of three months after it has been first received in 1india or c any instrument chargeable 2with a duty not exceeding ten naye paise, or any bill of exchange or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly stamped. state amendment himachal pradesh. amendment of section 32. in section 32 of the said act. 1 in clause a of the proviso, after the words any instrumentsbqts the words other than an instrument chargeable with a duty under clause bb of the first proviso to section 3 as amended by the indian stamp himachal pradesh amendment act, shall be inserted. 2 the word or at the end of clause b of the proviso shall be omitted, 3 after clause c of the proviso the word or shall be inserted, and the following new clause shall be added: d any instrument chargeable with duty under clause bb of the first proviso to section 3 as amended by the indian stamp himachal pradesh amendment act, , and brought to him after the expiration of three months from the date on which it is first received in himachal pradesh. vide himachal pradesh act 4 of , s. 10 1. subs. by act 43 of s. 2 for the states w.e.f. . 2. subs. by act 19 of , s. 4 for with the duty of one anna or half an anna w.e.f. .

section 33. of the indian stamp act : 1 every person having by law or consent of parties authority to receive evidence, and every person in charge of a pubic office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same. 2 for that purpose every such person shall examine every instrument so chargeable and so produced or coming before him, in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in 1india when such instrument was executed or first executed: provided that a nothing herein contained shall be deemed to require any magistrate or judge of a criminal court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, v of b in the case of a judge of a high court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the court appoints in this behalf. 3 for the purposes of this section, in cases of doubt, a 2the 3state government may determine what offices shall be deemed to be public offices and b 4the 2state government may determine who shall be deemed to be persons in charge of public offices. state amendment orissa. amendment of section 33.in section 33 of the principal act after subsection 1, the following subsections shall be inserted, namely: 1a if it appears to such person from the copy of an instrument produced or coming in performance of his functions, within three years from the date of registration of the instrument, that such instrument is not duly stamped, he shall call for the original instrument and if he is satisfied on production of the instrument that it has not been duly stamped, impound the same and the deficient amount of duty shall be payable by the person liable to pay the duty. 1b where the original instrument is not produced such person shall refer the copy of the instrument to the collector for determination of the market value of the property and the duty payable thereon and the collector may determine the market value of the property and the duty as aforesaid in accordance with the procedure provided for in subsection 2 of section 47a.. vide orissa act 7 of , s. 5 uttar pradesh amendment of section 33 of act no. 11 of .in section 33 of the indian stamp act, , as amended in its application to uttar pradesh, hereinafter in this chapter referred to as the principal act, i in subsection 2, in the proviso, in clause a, for the words and figures chapter xii or chapter xxxvi of the code of criminal procedure, , the words and figures sections 125 to 128 and sections 145 to 148 of the code of criminal procedure, shall be substituted. ii after subsection 2, for the existing subsections, the following subsections shall be substituted, namely: 3 for the purpose of this section the state government may in cases of doubt, determine what offices shall be deemed to be public offices and who shall be deemed to be persons in charge of public offices. 4 where deficiency in stamp duty paid is noticed from the any court or from the commissioner of stamps or an, additional commissioner of stamp or a deputy commissioner of stamps or an assistant commissioner of stamps or any officer authorized by the board of revenue in that behalf, call for the original instrument so purpose, and the instrument so produced before the collector shall be deemed to have been produced or come before him in the performance of his functions. 5 in case the instrument is not produced within the period specified by the collector, he may require payment of deficit stamp duty, if any, together with penalty under section 40 on the copy of the instrument: provided that no action under subsection 4 or subsection 5 shall be taken after a period of four years from the date of execution of the instrument. vide uttar pradesh act 6 of , s. 6 1. subs. by act 43 of , s. 2, for the states w.e.f. . 2. subs. by the a.o. , for the g.g. in c.. 3. subs. by the a.o. , for collecting government. 4. subs. by the a.o. , for the l.g..

section 34. of the indian stamp act : where any receipt chargeable 1with a duty not exceeding ten naye paise is tendered to or produced before any officer unstamped in the course of the audit of any public account, such officer may in his discretion, instead of impounding the instrument, require a duly stamped receipt to be substituted therefore. 1. subs. by act 19 of , s. 5, for with a duty of one anna w.e.f. .

section 35. of the indian stamp act : no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped : provided that a any such instrument 1shall be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion b where any person from whom a stamped receipt could have been demanded, has given an unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the person tendering it c where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped d nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure v of e nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government, or where it bears the certificate of the collector as provided by section 32 or any other provision of this act. state amendment uttar pradesh amendment of section 35.in section 35 of the principal act, in the proviso in clause d, for the words and figures chapter xii or chapter xxxvi of the code of criminal procedure, , the words and figures sections 125 to 128 and sections 145 to 148 of the code of criminal procedure, shall be substituted. vide uttar pradesh act 6 of , s. 7 amendment of section 35. in section 35 of the principal act, in clause a of the proviso for the words five rupees. or, when ten times the amount of the proper duty of deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion: the following words shall be substituted, namely : a sum equal to ten times the amount of the proper duty or deficient portion thereof vide uttar pradesh act 22 of , s. 3 1. subs. by act 21 of , s. 69, for not being an instrument chargeable with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, shall, subject to all just exceptions,

section 37. of the indian stamp act : 1the 2state government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution. 1. subs. by the a.o. , for the g.g. in c.. 2. subs. by the a. o. , for collecting government.

section 43. of the indian stamp act : the taking of proceedings or the payment of a penalty under this chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the stamplaw in respect of such instrument: provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the collector that the offence was committed with an intention of evading payment of the proper duty.

section 38. of the indian stamp act : 1 when the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by section 37, he shall send to the collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the collector, or to such person as he may appoint in this behalf. 2 in every other case, the person so impounding an instrument shall send it in original to the collector.

section 39. of the indian stamp act : 1 when a copy of an instrument is sent to the collector under section 38, subsection 1, he may, if he thinks fit, 1 refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. 2 when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the collector may refund the whole penalty so paid. 1. the words upon application made to him in this behalf or, if no application is made, with the consent of the chief controlling revenueauthority omitted by act 4 of , s. 2 and the sch. pt i.

section 40. of the indian stamp act : 1 when the collector impounds any instrument under section 33, or receives any instrument sent to him under section 38, subsection 2, not being an instrument chargeable 1with a duty not exceeding ten naye paise only or a bill of exchange or promissory note, he shall adopt the following procedure: a if he is of opinion that such instrument is duly stamped, or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamp, or that it is not so chargeable, as the case may be b if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees or, if he thinks fit, 2an amount not exceeding ten times the amount of the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five rupees: provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the collector may, if he thinks fit, remit the whole penalty prescribed by this section. 2 every certificate under clause a of subsection 1 shall, for the purposes of this act, be conclusive evidence of the matters stated therein. 3 where an instrument has been sent to the collector under section 38, subsection 2, the collector shall, when he has dealt with it as provided by this section, return it to the impounding officer. state amendments uttarakhand. amendment of section 40.after subsection 1, the following subsections shall be inserted, namely: 1a the collector shall also require, alongwith the amount of deficit stamp duty of penalty required to be paid under clause b of subsection 1, the payment of a simple interest at the rate of one and half percent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment provided that the amount of interest under this subsection shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority. 1b the amount of interest payable under subsection 1a shall be added to the amount due and be also deemed for all purposes to part of the amount required to be paid. 1c where realization of the deficit stamp duty reminded stayed by any order of any court or authority and such order of stay is subsequently vacated, the interest referred to in subsection 1a shall be payable also for any period during which such order of stay remain in operation. 1d any amount paid or deposited by, or removed, or refundable to a person under the provisions of this act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess, if any, shall then be adjusted towards the interest, in any, due from him. vide uttarakhand act 1 of , s. 6 1. subs. by act 19 of , s. 6, for with a duty of one anna or half an anna w.e.f. . 2. ins. by act 15 of , s. 6.

section 41. of the indian stamp act : if any instrument chargeable with duty and not duly stamped, not being an instrument chargeable 1with a duty not exceeding ten naye paise only or a bill of exchange or promissory note, is produced by any person of his own motion before the collector within one year from the date of its execution or first execution, and such person brings to the notice of the collector the fact that such instrument is not duly stamped and offers to pay to the collector the amount of the proper duty, or the amount required to make up the same, and the collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity, he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein after prescribed. 1. subs. by act 19 of , s. 6 for with a duty of one anna or half an anna w.e.f. .

section 42. of the indian stamp act : when the duty and penalty if any, leviable in respect of any instrument have been paid under section 35, section 40 or section 41, the person admitting such instrument in evidence or the collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty stating the amount of each have been levied in respect thereof, and the name and residence of the person paying them. 2 every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came into the hands of the officer impounding it, or as such person may direct: provided that a no instrument which has been admitted in evidence upon payment of duty and a penalty under section 35, shall be so delivered before the expiration of one month from the date of such impounding, or if the collector has certified that its further detention is necessary and has not cancelled such certificate b nothing in this section shall affect the1 code of civil procedure xiv of , section 144,clause 3. state amendment uttarakhand. amendment of section 42.in section 42 of the principal act, a in the heading, of the words and figures sections 35, 40 or 41, the words and figures, sections 35, 40, 41 or 47a shall be substituted. b in subsection 1, for the words and figures section 40 or section 41, the words and figures, section 40, section 41 or section 47a shall be substituted. vide uttarakhand act 1 of , s. 7 1. see now the code of civil procedure, 5 of , sch. i, order xiii, rule 9.

section 44. of the indian stamp act : 1 when any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the firstmentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid. 2 for the purpose of such recovery, any certificate granted in respect of such instrument under this act shall be conclusive evidence of the matters therein certified. 3 such amount may, if the court thinks fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. if the court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable.

section 45. of the indian stamp act : 1 where any penalty is paid under section 35 or section 40, the chief controlling revenueauthority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. 2 where, in the opinion of the chief controlling revenueauthority, stampduty in excess of that which is legally chargeable has been charged and paid under section 35 or section 40, such authority may, upon application in writing made within three months of the order charging the same, refund the excess

section 51. of the indian stamp act : the chief controlling revenueauthority 1or the collector if empowered by the chief controlling revenueauthority in this behalf may, without limit of time, make allowance for stamped papers used for printed forms of instruments 2by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said 2banker, company or body corporate: provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid. 1. ins. by act 4 of , s. 2 and sch. pt. 1. 2. ins. by act 5 of , s. 6.

section 46. of the indian stamp act : 1 if any instrument sent to the collector under section 38, subsection 2, is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. 2 when any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such firstmentioned person and authenticated by the person impounding such instrument

section 47. of the indian stamp act : when any bill of exchange 1or promissory note chargeable 2with a duty not exceeding ten nayepaise is presented for payment unstamped, the person to whom it is so presented, may affix thereto the necessary adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum payable upon such bill 3or note, and may charge the duty against the person who ought to have paid the same, or deduct it from the sum payable as aforesaid, and such bill 3or note, shall, so far as respects the duty, be deemed good and valid: provided that nothing herein contained shall relieve any person from any penalty or proceeding to which he may be liable in relation to such bill, 3or note. state amendments himachal pradesh. insertion of section 47a. after section 47 of the principal act, the following new section shall be added, namely: 47a. instruments undervalued, how to be dealt with.1 if the registering officer, appointed under the registration act, 16 of while registering any instrument relating to the transfer of any property, has reason to believe that the market value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the collector for determination of the market value or consideration, as the case may be, and the proper duty payable thereon. 2 on receipt of reference under subsection 1, the collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner, as may be prescribed by rules, made under this act, determine the market value or consideration and the duty, as aforesaid, and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. 3 the collector may, suo moto or on receipt of reference from the inspector general of registration or the registrar of a district, in whose jurisdiction the property, or any portion thereof, which is the subjectmatter of the instrument, is situated, appointed under the registration act, 16 of shall, within three years from the date of registration of any instrument, not already referred to him under subsection 1, call for and examine the instrument for the purpose of satisfying himself as to the correctness of its market value or consideration, as the case may be, and the duty payable thereon and if, after such examination, he has reason to believe that the market value or consideration has not been truely set forth in the instrument, he may determine the market value or consideration and the duty, as aforesaid, in accordance with procedure provided for in subsection 2, and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty: provided that nothing in this subsection shall apply to any instrument registered before the date of the commencement of the indian stamp himachal pradesh amendment act, . 4 where for any reason the original document called for by the collector under subsection 3 is not produced or cannot be produced, the collector may, after recording the reasons for its nonproduction, call for a certified copy of the entries of the document from the registering officer concerned and exercise the powers conferred on him under subsection 3. 5 any person, aggrieved by an order of the collector, under subsection 2 or subsection 3, may, within thirty days from the date of the order, prefer an appeal before the district judge and all such appeals shall be heard and disposed off in such manner as may be prescribed by rules made under this act. 6 for the purpose of this section market value of any property shall be estimated to be the price which, in the opinion of the collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument relating to the transfer of such property. vide himachal pradesh act 7 of , s. 3 state amendment orissa. amendment of section 47a, act 2 of . in section 47a of the indian stamp act, act 2 of a after subsection 2, the following new subsection shall be inserted, namely: 2a the collector may sou motu, within two years from the date of registration of any instrument not already referred to him under subsection 1, call for purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon and if after such examination, he has reasons to believe that the value or consideration has not been truly set forth in the instrument, he may determine the value or consideration and the duty as aforesaid in accordance with the procedure provided for in subsection 2 and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. b in subsection 3, after the word, brackets and figure subsection 2 the words, brackets, figure and letter or subsection 2a shall be inserted. vide orissa act 11 of , s. 2 orissa. amendment of section 47a.in section 47a of the principal act, in subsection 2a, for the words two years, the words three years shall be substituted. vide orissa act 1 of , s. 5 orissa. a amendment of section 47a.for subsection 1 the following subsection shall be substituted, namely: 1 where the registering officer under the registration act, , 16 of while registering any instrument of conveyance, exchange, gift, partition or settlement has reasons to believe that the market value of the property which is the subject matter of such instrument has not been rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this act, he shall, before registering such instrument, refer the matter to the collector, with an intimation in writing to the person concerned, for determination of the market value of such property and the proper duty payable thereon. and b in subsection 2a for the words truly set forth in the instrument , the words rightly set forth in the instrument or is less than the minimum value determined in accordance with the rules made under this act shall be substituted. vide orissa act 8 of , s. 2 orissa. insertion of new section 47a, act 2 of . after section 47 of the indian stamp act, 2 of hereinafter referred to as the principal act, the following new section shall be inserted, namely: 47a. instruments undervalued how to be dealt with 1 if the registering officer appointed under the indian registration act, , while registering any instrument transferring any property, has reasons to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon. 2 on receipt of a reference under subsection 1 the collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty. 3 any person aggrieved by an order of the collector under subsection 2 may, within thirty days from the date of the order, prefer an appeal before the district judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this act. vide orissa act 35 of , s. 2 orissa. amendment of section 47a. in section 47a of the principal act, for subsections 1, 2 and 2a, the following subsections shall be substituted, namely: 1 where the registering officer under the registration act, 16 of , while registering any instrument of conveyance, exchange, gift, partition or settlement has reason to believe that the market value of the property which is the subject matter of such instrument has not been truly set forth in the instrument, he may, after registering such instrument, refer the matter to the collector for determination of the market value of such property and the proper duty payable thereon. 2 on receipt of a reference under subsection 1, the collector shall, after giving the parties an opportunity of making their representations and after holding an enquiry in such manner as may be prescribed by rules made under this act, determine the market value of the property which is the subject matter of such instrument, and the duty as aforesaid and the deficient amount, if any, shall be payable by the person liable to pay the duty. 2a the collector may suo motu within two years from the date of registration of such instrument, not already referred to him under subsection 1, call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty payable thereon and if after such examination, he has reason to believe that the market value of such property has not been truly set forth in the instrument, he may determine the market value of such property and the duty as aforesaid in accordance with the procedure provided for in subsection 2 and the deficient amount of duty , if any, shall be payable by the person liable to pay the duty. vide orissa act 7 of , s. 6 tripura. in the indian stamp act, as in force in the state of tripura, after section 47, the following new section shall be inserted namely: 47a instruments of conveyance etc. undervalued, how to be, dealt with : 1 if the registering officer appointed under the indian registration act, central act xvi of , while registering any instrument of conveyance, exchange, gift or partition, has reason to believe that the value of the property which is the subject matter of the instrument, as has been set forth therein is lower than the market value thereof and proper duty has not been paid he may, after registering such instrument, refer the same to the collector for determination of the market value of such property and the proper duty payable thereon. 2 on receipt of a reference under subsection 1, the collector shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this act, determine the market value of such property and the proper duty payable thereon and then return the instrument to the registering officer after making and endorsement over his signature thereon indicating the market value of the property so determined and deficient amount of duty, if any, that shall be payable by the person liable to pay the duty. 3 the collector may, within a period of two year from the date of registration of any instrument of conveyance, exchange, gift or partition, not already sent to him under subsection i, call for as examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject matter of such instrument and the duty paid thereon and if after such examination, he has reasons to believe that the market value of such property has not been truly set forth in the instrument and the proper duty has not been truly set forth in the instrument and the proper duty has not been paid, he may determine the market value thereof and the proper duty payable thereon in accordance with the provision of subsection 2. the difference, if any between the duty determined by the collector and the duty already paid shall be payable by the person liable to pay the duty on the instrument: provided that nothing in this subsection shall apply to any instrument registered before the date of the commencement of the indian stamp tripura third amendment act, . 4 any person aggrieved by an order of the collector under subsection 2 or subsection 3 may appeal to the appellate authority specified in subsection 5, all such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed by rules made under this act. 5 the state government shall, by a notification in the official gazette, appoint a person not below the rank of a secretary of any department to be the appellate authority referred to in subsection 4. 6 the amount of deficient duty, if any, shall be paid by deposit into government treasury by the person, liable to pay the duty, within a period of thirty days from the date of notice in this behalf from the registering officer and in case of default in payment, such amount shall be recovered as arrears of land revenue. explanation: for the purpose of the section the market value of any property shall be estimated to be the price which in the opinion of the collector or the appellate authority, as the case may be, such property would have fetched, if sold in the open market on the date of execution of the instrument of conveyance, exchange gift or portion. vide tripura act 2 of , s. 2 meghalaya. insertion of new section 47a in act 11 of .in the indian stamp act, after the existing section 47, the following new section as section 47a, shall be inserted, namely: 47a. instruments undervalued how to be dealt with.1 if registering officer appointed under the indian registration act, , while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the deputy commissioner, for determination of the value or consideration, as the case may be, and the proper duty payable thereon. 2 on receipt of the reference under subsection 1, the deputy commissioner shall, after giving the parties a reasonable opportunity of being heard and after holding an enquiry in such manner as may be prescribed by rules made under this act, by order, determine the value of the property or the consideration and the duty aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty and, on payment of such duty, the deputy commissioner shall endorse a certificate of such payment on the instrument under his seal and signature. 3 the deputy commissioner may, suo motu, within six months from the date of registration of any instrument not already referred to him under subsection 1, call for and examine the instrument for the purpose of satisfying himself as to the correctness of its value or consideration, as the case may be, and the duty payable thereon, and if after such examination, he has reason to believe that the value of consideration has not been truly set forth in the instrument, she may determine the value or consideration and the duty aforesaid in accordance with procedure provided for in subsection 2 and the deficient amount of duty if any, shall be payable by the person liable to pay the duty and, on the payment of such duty the deputy commissioner shall endorse a certificate of such payment on the instrument under his seal and signature. 4 any person aggrieved by an order of the deputy commissioner under subsection 2 or subsection 3 may appeal to the meghalaya board of revenue. 5 an appeal under subsection 4 shall be filed within 90 ninety days of the date of the order sought to be appealed against. vide meghalaya act 8 of , s. 2 uttarakhand. amendment of section 47a.in section 47a of the principal act, : a for subsection 1, the following subsections shall be substituted, namely 1 a if the market value of any property which is the subject of any instrument, on which duty is chargeable on the market value of the property as set forth in such instrument, is less than even the minimum value determined in accordance with the rules made under this act, the registering officer appointed under the registration act, shall, notwithstanding anything contained in the 39 said act, immediately after presentation of such instrument and before accepting it for registration and taking any action under section 52 of the said act, require the person liable to pay stamp duty under section 29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instruments for presenting again in accordance with section 23 of the registration act, b when the deficit stamp duty required to be paid under clause a, is paid in respect of any instrument and the instrument is presented again for registration, the registering officer shall certify by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and the residence of the person paying them and register the same c notwithstanding anything contained in any other provisions of this act, the deficit stamp duty may be paid under clause a in the form of impressed stamps containing such declaration as may be prescribed d if any person does not make the payment of the deficit stamp duty after receiving the order referred to in clause a and presents the instrument again for registration, the registering officer shall, before registering the instrument, refer the same to the collector, for determination of the market value of the property and the proper duty payable thereon. b in subsection 3 of section 47a the following explanation shall be inserted, namely: explanationthe payment of deficit stamp duty by any person under any order of registering officer under subsection 1 shall not prevent the collector from initiating proceedings on any instrument under sub section 3. c after subsection 4, the following subsection shall be inserted namely: 4a the collector shall also require along with the deficit stamp duty or penalty required to be paid under clause ii of subsection 4, the payment of a simple interest at the rate of one and a half per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment provided that the amount of interest under this subsection shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority. 4b the amount of interest payable under sub section 4a shall be added to the amount due and be also deemed for all purposes to be part of the amount required to be paid. 4c where realization of the deficit stamp duty remained stayed by any order of any court or authority and such order of stay is subsequently vacated, the interest referred to in subsection 4a shall be payable also for any period during which such order of stay remained in operation. 4d any amount paid or deposited by or recovered from, or refundable to, a person under the provision of this act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess if any, shall then be adjusted towards the interest, if any, due from him. vide uttarakhand act 1 of , s. 8 uttar pradesh amendment of section 47.in section 47a of the principal act, in subsection 4, for the words, chief inspector of stamp, uttar pradesh or any officer of the stamp department of the board of revenue, the words commissioner of stamps or an additional commissioner of stamps or a deputy commissioner of stamps or an assistant commissioner of stamps or any officer authorized by the board of revenue in that behalf shall be substituted. vide uttar pradesh act 6 of , s. 8 amendment of section 47a.in section 47a of the principal act a in subsection 1 for the words, of conveyance, exchange, gift, settlement, award or trust the words on which duty is chargeable on the market value of the property shall be substituted b in subsection 2 for the words of conveyance, exchange, gift, settlement, award or trust where they occur for the first time, the words on which duty is chargeable on the market value of the property and for the said words where they occur for the second time, the words of such instrument shall be substituted c in subsection 3, for the words of conveyance, exchange, gift, settlement, award or trust, the words of the instrument shall be substituted d in subsection 4 for the words, of conveyance, exchange, gift, settlement, award or trust, where they occur for the first time, the words on which duty is chargeable on the market value of the property and for the said words, where they occur for the second time, the words of such instrument shall be substituted. vide uttar pradesh act 11 of , s. 4 amendment of section 47a.in section 47a, in subsection 4, for the words two years, the words four years shall be substituted and be deemed always to have been substituted : vide uttar pradesh act 20 of , s. 5 substitution of section 47afor section 47a of the principal act. the following section shall be substituted, namely : 47a 1 if the market value of any property which is the subject of any instrument, on which duty is chargeable on market value of such property, as set forth in such instrument, is less than even the minimum value determined in accordance with the rules made under this act, the registering officer appointed under the registration act, shall, before registering the instrument, refer the same to the collector for determination of the market value of such property and the proper duty payable thereon. 2 on receipt of a reference under subsection 1 the collector shall, after giving the parties a reasonable opportunity of being heard and after holding an inquiry in such manner as many be prescribed by rules made under this act, determine the market value of the property which is the subject of such instrument and the proper duty payable thereon. 3 the collector may, suo motu, or on a reference from any court or from the commissioner of stamps or an additional commissioner of stamps or a deputy commissioner of stamps or an assistant commissioner of stamps or any officer authorized by the state government in that behalf, within four years from the date of registration of any instrument on which duty is chargeable on the market value of the property not already referred to him under subsection 1 call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject for of such instrument, and the duty payable thereon and if after such examination he has reason to believe that market value of such property has not been truly set forth in such instrument he may determine the market value of such property and the duty payable thereon : provided that, with the prior permission of the state government, an action under this subsection may be taken after a period of four years but before a period of eight years from the date of registration of the instrument on which duty is chargeable on the market value of the properly. 4 if on enquiry under subsection 2 and examination under subsection 3 the collector finds the market value of the property : i truly set forth and the instrument duly stamped, he shall certify by endorsement that it is duly stamped and return it to the person who made the reference ii not truly set forth and the instrument not duly stamped he shall require the payment of proper duty or the amount required to make up the deficiency in the same together with a penalty of an amount not exceeding four time the amount of the proper duty or the deficient portion thereof. 5 the instrument produced before the collector under subsection 2 or under subsection 3 shall be deemed to have come before him in the performance of his functions. 6 in case the instrument is not produced within the period specified by the collector, he may require payment of deficit stamp duty, if any, together with penalty on the copy of the instrument in accordance with the procedure laid down in subsections 2 and 4. vide uttar pradesh act 22 of , s. 6 amendment of section 47a. in section 47a of the principal act, a for subsection 1, the following subsection shall be substituted, namely: 1 a if the market value of any property which is the subject of any instrument, on which duty is chargeable on the market value of the property as set forth in such instrument, is less than even the minimum value determined in accordance with the rules made under this act, the registering officer appointed under the registration act, shall, notwithstanding anything contained in the said act, immediately after presentation of such instrument and before accepting it for registration and taking any action under section 52 of the said act, require the person liable to pay stamp duty under section 29, to pay the deficit stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instrument for presenting again in accordance with section 23 of the registration act, . b when the deficit stamp duty required to be paid under clause a, is paid in respect of any instrument and the instrument is presented again for registration, the registering officer shall certify by endorsement thereon, that the deficit stamp duty has been paid in respect thereof and the name and the residence of the person paying them and register the same. c notwithstanding anything contained in any other provisions of this act, the deficit stamp duty may be paid under clause a in the form of impressed stamps containing such declaration as may be prescribed. d if any person does not make the payment of deficit stamp duty after receiving the order referred to in clause a and presents the instrument again for registration, the registering officer shall, before registering the instrument, refer the same to the collector, for determination of the market value of the property and the proper duty payable thereon. b in subsection 3, the following explanation shall be inserted, namely : explanation : the payment of deficit stamp duty by any person under any order of registering officer under subsection 1 shall not prevent the collector from initiating proceedings on any instrument under subsection 3. c after subsection 4, the following subsections shall be inserted, namely : 4a the collector shall also require along with the deficit stamp duty or penalty required to be paid under clause ii of subsection 4, the payment of a simple interest at the rate of one and half per cent per mensem on the amount of deficit stamp duty calculated from the date of the execution of the instrument till the date of actual payment : provided that the amount of interest under this subsection shall be recalculated if the amount of deficit stamp duty is varied on appeal or revision or by any order of a competent court or authority. 4b the amount of interest payable under subsection 4a shall be added to the amount due and be also deemed for all purposes to be part of the amount required to be paid. 4c where realization of the deficit stamp duty remained stayed by any order of any court or authority and such order of stay is subsequently vacated, the interest referred to in subsection 4a shall be payable also for any period during which such order of stay remained in operation. 4d any amount paid or deposited by, or recovered from, or refundable to, a person under the provision of this act, shall first be adjusted towards the deficit stamp duty or penalty outstanding against him and the excess, if any, shall then be adjusted towards the interest, if any, due front him. vide uttar pradesh act 38 of , s. 7 amendment of section 47a. in section 47a of the principal, act a in subsection 1 for the words. is less than that determined in accordance with any rules made under this act, the words, is less than even the minimum value determined in accordance with any rules made under this act shall be substituted , b in subsection 4, for the words, or on a reference from chief inspector of stamps, uttar pradesh the words, or on a reference from any court or from the chief inspector of stamps, uttar pradesh or any officer of the stamp department of the board of revenue. shall be substituted. vide uttar pradesh act 49 of , s. 6 1. subs. by act 5 of , s. 5, for promissory note or cheque. 2. subs. by act 19 of , s. 7, for with the duty of one anna w.e.f. . 3. subs. by act 5 of , s. 5, for note or cheque.

section 48. of the indian stamp act : all duties, penalties and other sums required to be paid under this chapter may be recovered by the collector by distress and sale of the movable property of the person from whom the same are due, or by any other process for the time being in force for the recovery of arrears of landrevenue. state amendment orissa. amendment of section 48a.for section 48a of the principal act, the following section shall be substituted, namely: 48a. notwithstanding anything contained in this act, no certificate or endorsement under this act , in respect of any instrument chargeable in the state of orissa with a higher rate of duty under this act, for the time being in force as amended from time to time by the orissa acts shall be received in evidence or be in any way valid in respect of the payment of duty on such instrument or in respect of the chargeability of such instrument with duty unless the duty chargeable under the orissa act, has been paid on such instrument.. vide orissa act 7 of , s. 7

section 49. of the indian stamp act : subject to such rules as may be made by 1the 2state government as to the evidence to be required, or the enquiry to be made, the collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases herein after mentioned, namely: br a the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person: b the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto: c in the case of bills of exchange 3payable otherwise than on demand 4 or promissory notes 1 the stamp on 5any such bill of exchange 6signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance: provided that the paper on which any such stamp is impressed, does not bear any signature intended as or for the acceptance of any bill of exchange 6 to be afterwards written thereon: 2 the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands: 3 the stamp used or intended to be used for 5any such bill of exchange 7 or promissory note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange 6 may have been presented for acceptance or accepted or endorsed, or, being a promissory note, may have been delivered to the payee: provided that another completed and duly stamped bill of exchange 7or promissory note is produced identical in every particular, except in the correction of such omission or error as aforesaid, with the spoiled bill, 7 or note d the stamp used for an instrument executed by any party thereto which 1 has been afterwards found to be absolutely void in law from the beginning: 2 has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended: 3 by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed: 4 for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended: 5 by reason of the refusal of any person to act under the same, or to advance any money intended to be thereby secured, or by the refusal or nonacceptance of any office thereby granted, totally fails of the intended purpose: 6 becomes useless in consequence of the transaction intended to be thereby effected being effected by some other instrument between the same parties and bearing a stamp of not less value: 7 is deficient in value and the transaction intended to be thereby effected has been effected by some other instrument between the same parties and bearing a stamp of not less value: 8 is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped: provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled. explanation.the certificate of the collector under section 32 that the full duty with which an instrument is chargeable, has been paid is an impressed stamp within the meaning of this section. 1. subs. by the a.o. , for the l.g.. 2. subs. by the a.o. , for collecting government. 3. ins. by act 5 of , s. 5. 4. the word cheques omitted by s. 5, ibid. 5. subs. by act 5 of , s. 5, for any bill of exchange. 6. the words or cheque omitted by s. 5, ibid. 7. the word cheque omitted by s. 5, ibid.

section 50. of the indian stamp act : the application for relief under section 49 shall be made within the following periods, that is to say, 1 in the cases mentioned in clause d 5, within two months of the date of the instrument: 2 in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within six months after the stamp has been spoiled: 3 in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed: provided that, a when the spoiled instrument has been for sufficient reasons sent out of 1india, the application may be made within six months after it has been received back in 1india b when, from unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within six months after the date of execution of the substituted instrument. 1. subs. by act 43 of , s. 2, for the states w.e.f. .

section 52. of the indian stamp act : a when any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty or b when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13 the collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being restamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless.

section 53. of the indian stamp act : in any case in which allowance is made for spoiled or misused stamps, the collector may give in lieu thereof a other stamps of the same description and value or b if required and he thinks fit, stamps of any other description to the same amount in value or c at his discretion, the same value in money, deducting 1ten naye paise for each rupee or fraction of a rupee. 1. subs. by act 19 of , s. 8, for one anna w.e.f. .

section 57. of the indian stamp act : 1 the chief controlling revenueauthority may state any case referred to it under section 56, subsection 2, or otherwise coming to its notice, and refer such case, with its own opinion thereon, 1a if it arises in a state, to the high court for that state 2b if it arises in the union territory of the delhi, to the high court of delhi 3 4c if it arises in the union territory of the arunachal pradesh or mizoram, to the gauhati high court the high court of assam, nagaland, meghalaya, manipur and tripura d if it arises in the union territory of the andaman and nicobar islands, to the high court at calcutta e if it arises in the union territory of the 5lakshadweep, to the high court of kerala 6 ee if it arises in the union territory of the chandigarh, to the high court of punjab and haryana 7f if it arises in the union territory of dadra and nagar haveli, to the high court of bombay. 2 every such case shall be decided by not less than three judges of the high court 8 to which it is referred, and in case of difference the opinion of the majority shall prevail. 1. subs. by the a.o. no. 2 , for clauses a to g. 2. subs. by the punjab reorganisation and delhi high court adaptation of laws on union subjects order, , s. 3 and sch. for clause b w.e.f. . 3. clause bb ins. by s. 3 and sch. ibid. and omitted by the state of himachal pradesh adaptation of law on union subjects order, , s. 3 and sch. w.e.f. . 4. subs. by the northeastern areas reorganisation adaptation of laws on union subjects order , s. 3 and sch. for clause c w.e.f. . 5. subs. by the laccadive, minicoy and amindivi islands alteration of name adaptation of laws order, , s. 3 and sch. for the laccadive, minicoy and amindivi islands w.e.f. . 6. ins. by the punjab reorganisation and delhi high court adaptation of laws on union subjects order, , s. 3 and sch. w.e.f. . 7. ins. by reg. 6 of , s. 2 and the first sch. 8. the words chief court or judicial commissioners court omitted by the a.o. .

section 54. of the indian stamp act : when any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the collector shall repay to such person the value of such stamp or stamps in money, deducting 1ten naye paise for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the collectors satisfaction a that such stamp or stamps were purchased by such person with a bona fide intention to use them and b that he has paid the full price thereof and c that they were so purchased within the period of six months next preceding the date on which they were so delivered: provided that, where the person is a licensed vendor of stamps, the collector may, if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid. 1. subs. by act 19 of , s. 8, for one anna w.e.f. .

section 54a. of the indian stamp act : 154a. allowances for stamps in denominations of annas. notwithstanding anything contained in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled, the collector shall repay to such person the value of such stamp or stamps in money calculated in accordance with the provisions of subsection 2 of section 14 of the indian coinage act, , 3 of upon such person delivering up, within six months from the commencement of the indian stamp amendment act, 19 of , such stamp or stamps to the collector. 1. ins. by s. 9, ibid.. w.e.f. .

section 54b. of the indian stamp act : 154b. allowances for refugee relief stamps. notwithstanding anything contained in section 54, when any person is possessed of stamps bearing the inscription refugee relief being stamps issued in pursuance of section 3a before its omission and such stamps have not been spoiled, the collector shall, upon such person delivering up, within sixmonth, from the commencement of the refugee relief taxes abolition act, 13 of , such stamps to the collector, refund to such person the value of such stamps in money or give in lieu thereof other stamps of the same value: provided that the state government may, with a view to facilitating expeditious disposal of claims for such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for claiming such refunds. 1. ins. by act 13 of , s. 2 w.e.f. .

section 55. of the indian stamp act : when any duly stamped debenture is renewed by the issue of a new debenture in the same terms, the collector shall, upon application made within one month, repay to the person issuing such debenture, the value of the stamp on the original or on the new debenture, whichever shall be less: provided that the original debenture is produced before the collector and cancelled by him in such manner as 1the state government may direct. explanation. a debenture shall be deemed to be renewed in the same terms within the meaning of this section notwithstanding the following changes: a the issue of two or more debentures in place of one original debenture, the total amount secured being the same b the issue of one debenture in place of two or more original debentures, the total amount secured being the same c the substitution of the name of the holder at the time of renewal for the name of the original holder and d the alteration of the rate of interest or the dates of payment thereof. 1. subs. by the a. o. , for the g.g. in c..

section 56. of the indian stamp act : 1 the powers exercisable by a collector under chapter iv and chapter v 1and under clause a of the first proviso to section 26 shall in all cases be subject to the control of the chief controlling revenueauthority. 2 if any collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the chief controlling revenueauthority. 3 such authority shall consider the case and send a copy of its decision to the collector, who shall proceed to asses and charge the duty if any in conformity with such decision. state amendment uttarakhand. amendment of section 56.in section 56 of the principal act, after subsection 1 the following subsection shall be inserted, namely: 1a notwithstanding anything contained in any other provisions of this act, any person including the government aggrieved by any order of the collector under chapteriv, chapterv or under clause a of the first proviso to section 26 may, within 60 days from the date receipt of such order, prefer an appeal against such order to the chairman, board of revenue who shall, after giving the parties a reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final. provided that no application for stay of recovery of any disputed amount of stamp duty including interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the payment of not less than one third of such disputed amount. provided further that where the chairman, board of revenue passes an order for the stay of recovery of any stamp duty, interest thereon or penalty or for the stay of the operation of any order appealed against and such order results in the stay of recovery of any stamp duty, interest thereon or penalty, such stay order shall not remain in force for more than 30 days unless the appellant furnishes adequate security to the satisfaction of the collector concern for the payment of the outstanding amount. vide uttarakhand act 1 of , s. 9 1. ins. by act 15 of , s. 7.

section 58. of the indian stamp act : if the high court 1 is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the court may refer the case back to the revenueauthority by which it was stated, to make such additions thereto or alterations therein as the court may direct in that behalf. 1. the words chief court or judicial commissioners court omitted by the a.o. .

section 59. of the indian stamp act : 1 the high court, 1 upon the hearing of any such case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded. 2 the court shall send to the revenueauthority by which the case was stated, a copy of such judgment under the seal of the court and the signature of the registrar and the revenueauthority shall, on receiving such copy, dispose of the case conformably to such judgment. 1. the words chief court or judicial commissioners court omitted by the a.o. .

section 64. of the indian stamp act : any person who, with intent to defraud the government, a executes any instrument in which all the facts and circumstances required by section 27 to be set forth in such instrument are not fully and truly set forth or b being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all such facts and circumstances or c does any other act calculated to deprive the government of any duty or penalty under this act shall be punishable with fine which may extend to five thousand rupees. state amendment orissa. amendment of section 64.in section 64 of the principal act, the words and where the person is liable to pay the duty shall also be liable to pay the deficient amount of duty shall be added at the end. vide orissa act 7 of , s. 8 arunachal pradesh. amendment of sections 64, 3 in section 64, in clause c, for the words five thousand rupees, the words ten thousand rupees shall be substituted. vide arunachal pradesh act 3 of , s. 2

section 60. of the indian stamp act : 1 if any court, other than a court mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument under proviso a to section 35, the judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the high court 1 to which, if he were the chief controlling revenueauthority, he would, under section 57, refer the same. 2 such court shall deal with the case as if it had been referred under section 57, and send a copy of its judgment under the seal of the court and the signature of the registrar to the chief controlling revenueauthority and another like copy to the judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgment. 3 reference made under subsection 1, when made by a court subordinate to a district court, shall be made through the district court, and, when made by any subordinate revenue court, shall be made through the court immediately superior. 1. the words chief court or judicial commissioners court omitted by the a.o. .

section 61. of the indian stamp act : 1 when any court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, v of , makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 35, the court to which appeals lie from, or references are made by, such firstmentioned court may, of its own motion or on the application of the collector, take such order into consideration. 2 if such court, after such consideration, is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 35, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. 3 when any declaration has been recorded under subsection 2, the court recording the same shall send a copy thereof to the collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such court, shall also send him such instrument. 4 the collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any person for any offence against the stamplaw which the collector considers him to have committed in respect of such instrument: provided that. a no such prosecution shall be instituted where the amount including duty and penalty which, according to the determination of such court, was payable in respect of the instrument under section 35, is paid to the collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty b except for the purposes of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 42. state amendment uttar pradesh amendment of section 61. in section 61 of the principal act, in subsection 1, for the words and figures chapter xii or chapter xxxvi of the code of criminal procedure, , the worth and figures sections 125 to 128 and sections 145 to 148 of the code of criminal procedure, shall be substitute. vide uttar pradesh act 6 of , s. 9

section 62a. of the indian stamp act : 162a. penalty for failure to comply with provisions of section 9a.1 any person who, a being required under subsection 1 of section 9a to collect duty, fails to collect the same or b being required under subsection 4 of section 9a to transfer the duty to the state government within fifteen days of the expiry of the time specified therein, fails to transfer within such time, shall be punishable with fine which shall not be less than one lakh rupees, but which may extend up to one per cent. of the collection or transfer so defaulted. 2 any person who, a being required under subsection 5 of section 9a to submit details of transactions to the government, fails to submit the same or b submits a document or makes a declaration which is false or which such person knows or believes to be false, shall be punishable with fine of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less. 1. ins. by act 7 of , s. 18 w.e.f. .

section 63. of the indian stamp act : any person required by section 12 to cancel an adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall, be punishable with fine which may extend to one hundred rupees. state amendment arunachal pradesh. amendment of sections 63, 2 in section 63, for the words one hundred rupees, the words five hundred rupees shall be substituted. vide arunachal pradesh act 3 of , s. 2

section 62., instrument not duly stamped. of the indian stamp act : 1 any person a drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1payable otherwise than on demand 2 or promissory note without the same being duly stamped or b executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped or c voting or attempting to vote under any proxy not duly stamped shall for every such offence be punishable with fine which may extend to five hundred rupees: provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, if any subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. 2 if a sharewarrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees. state amendments arunachal pradesh. amendment of sections 62.in the indian stamp act, 2 of in its application to the state of arunachal pradesh. 1 i in section 62, in clause c, for the words five hundred rupees, the words two thousand rupees shall be substituted. ii in section 62, in subsection 2, for the words five hundred rupees, the words five thousand rupees shall be substituted. vide arunachal pradesh act 3 of , s. 2 uttarakhand. amendment of section 62.in subsection 1 of section 62 of the principal act for the words, shall for every such offence, be punishable with fine which may extend to five hundred rupees, shall be substituted as follows, namely: shall for every such offence, be punishable with fine which may extend to five thousand rupees. vide uttarakhand act 1 of , s. 10 1. ins by act 5 of , s. 5. 2. the word cheque omitted by s. 5, ibid.

section 65. of the indian stamp act : any person who, a being required under section 30 to give a receipt, refuses or neglects to give the same or, b with intent to defraud the government of any duty, upon a payment of money or delivery of property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not exceeding twenty rupees, or separates or divides the money or property paid or delivered shall be punishable with fine which may extend to one hundred rupees. state amendment arunachal pradesh. amendment of sections 65, 4 in section 65, in clause b, for the words one hundred rupees, the words five hundred rupees shall be substituted. vide arunachal pradesh 3 of , s. 2

section 66. of the indian stamp act : any person who a receives, or takes credit for, any premium or consideration for any contract of insurance and does not, within one month after receiving, or taking credit for, such premium or consideration, make out and execute a duly stamped policy of such insurance or b makes, executes or delivers out any policy which is not duly stamped, or pays or allows in account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy shall be punishable with fine which may extend to two hundred rupees. state amendment arunachal pradesh. amendment of sections 66, in section 66, in clause b, for the wordstwo hundred rupees, the words five hundred rupees shall be substituted. vide arunachal pradesh 3 of , s. 2

section 72. of the indian stamp act : every such offence committed in respect of any instrument may be tried in any district or presidencytown in which such instrument is found, as well as in any district or presidencytown in which such offence might be tried under the code of criminal procedure for the time being in force.

section 67. of the indian stamp act : any person drawing or executing a bill of exchange 1payable otherwise than on demand or a policy of marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees. state amendment arunachal pradesh. amendment of sections 67, in section 67, for the words dbqrsone thousand rupees the words two thousand rupees shall be substituted. vide arunachal pradesh 3 of , s. 2 1. ins. by act, 5 of , s. 5.

section 68. of the indian stamp act : any person who, a with intent to defraud the government of duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made or, b knowing that such bill or note has been so postdated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner negotiate the same or, c with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this act or any other law for the time being in force shall be punishable with fine which may extend to one thousand rupees. state amendment arunachal pradesh. amendment of sections 68, 7 in section 68, in clause c, for the words one thousand rupees, the words two thousand rupees shall be substituted. vide arunachal pradesh act 3 of , s. 2

section 70. of the indian stamp act : 1 no prosecution in respect of any offence punishable under this act or any act hereby repealed, shall be instituted without the sanction of the collector or such other officer as 1the 2state government generally, or the collector specially, authorizes in that behalf. 2 the chief controlling revenueauthority, or any officer generally or specially authorized by it in this behalf, may stay any such prosecution or compound any such offence. 3 the amount of any such composition shall be recoverable in the manner provided by section 48. 1. subs. by the a.o. , for the l.g.. 2. subs. by the a.o. , for collecting government.

section 69. of the indian stamp act : a any person appointed to sell stamps who disobeys any rule made under section 74 and b any person not so appointed who sells or offers for sale any stamp other than a 1ten naye paise or five naye paise adhesive stamp shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. state amendment arunachal pradesh. amendment of sections 69, 8 in section 69, in clause b, for the words five hundred rupees, the words five thousand rupees shall be substituted. vide arunachal pradesh act 3 of , s. 2 1. subs. by act 19 of , s. 10, for one anna or half an anna w.e.f. .

section 71. of the indian stamp act : no magistrate other than a presidency magistrate or a magistrate whose powers are not less than those of a magistrate of the second class, shall try any offence under this act.

section 77. of the indian stamp act : nothing in this act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to courtfee. state amendment himachal pradesh. at the beginning of section 77 of the said act the following words shall be inserted, namely: except for the provisions as to copies contained in section 6a. vide himachal pradesh act 4 of , s. 11 state amendment orissa. section 77a, act 2 of .after section 77 of the principal act the following new section shall be inserted, namely: 77a. fractions of five naye paise to be rounded off. in the determination of the amount of duly payable or of allowance to be made under this act, any fraction of five naye paise shall be rounded off to the next higher five naye paise. vide orissa act 35 of , s. 3

section 73., to be open to inspection. of the indian stamp act : every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorized in writing by the collector to inspect for such purpose the registers, books, papers, documents and proceedings, and to take such notes and extracts as he may deem necessary, without fee or charge. state amendment orissa. amendment of section 73.for section 73 of the principal act, the following section shall be substituted, namely: 1 every public officer or any person having in his custody any registers, books, records, papers, documents or proceedings, the inspections whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any officer authorized in writing by the collector to enter upon any premises and to inspect for such purposes the registers, books, records, papers, documents and proceedings and to take such notes and extracts, as he may deem necessary, without fee or charge and if necessary to seize them and impound the same under proper acknowledgement: provided that such seizure of any registers, books, records, papers, documents or proceedings in the custody of any bank be made only after a notice of thirty days to make good the deficit of stamp duty is given. explanationfor the purposes of this proviso bank means a banking company as defined in section 5 of the banking regulation act, and includes the state bank of india, constituted by the state bank of india act, , a subsidiary bank as defined in the state bank of india subsidiary bank act, corresponding new bank as define in the banking companies acquisition and transfer of undertakings act, , a regional rural bank established under the regional rural bank act, , the industrial development bank of india act, , national bank of agriculture and rural development act, , the life insurance corporation act, , the industrial fianc corporation of india established under the industrial finance corporation act, , and as such other financial or banking institution onwned, controlled or managed by a state government or the central government, as may be notified in this behalf by the government. 2 every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorized under subsection 1, produce them before such officer and at all reasonable times permit such officer to inspect them and take such notes and extracts as he may deem necessary. 3 if, upon such inspection, the officer so authorized, is of opinion that any instrument is chargeable with duty and is not duly stamped, he shall require the payment of the proper duty or the amount required to make up the same form the person liable to pay the stamp duty and in case of default the amount of the duty shall be recovered as an arrear of land revenue. vide orissa act 1 of , s. 6 orissa. amendment of section 73. in explanation to subsection 1 of section 73 of the indian stamp act, , 2 of for the words and figures the industrial fiance corporation of india established under the industrial finance corporation act, , the words and figures other public financial institutions notified under section 4a of the companies act, 1 of shall be substituted. vide orissa act 5 of , s. 2 uttar pradesh inserted of new section 73a.after section 73 of the principal act, the following section shall be inferred, namely : 73a. collectors power to authorize officer to enter premises and inspect certain documents.1 where the collector has reason to believe that all or any of the instruments specified in articles 5 and 43 of the schedule 1b have not been charged at all or have been incorrectly charged with duty leviable under this act, he may authorize in writing any officer to enter upon any premises where the collector has reason to believe that any registers, books, records, papers, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them, and to take such notes and extracts as such officer deems necessary. 2 every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall at all reasonable times, permit such officer to inspect them and to take such notes and extracts as he may deem necessary. vide uttar pradesh act 6 of , s. 10 amendment of section 73in seetion:73a of the principal act a for subsection 1 the following subsection shall be substituted namely : 1 where the collector has reason to believe that any instrument chargeable to duty has not been charged at all or has been incorrectly charged with duty leviable under this act, he or any other officer authorized by him writing in this behalf may enter upon any premises where the collector has reason to believe that any registers, books, records papers, maps, documents or proceedings relating to or in connection with any such instrument are kept and to inspect them and to take such notes, copies and extracts as the collector or such officer deems necessary. b in sub section 2 after the word papers the word maps and after the word notes the word copies shall be inserted. vide uttar pradesh act 22 of , s. 8

section 73a. of the indian stamp act : 173a. power of central government to make rules.1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of part aa of chapter ii. 2 without prejudice to the generality of the provisions of subsection 1, the central government may make rules for all or any of the following matters, namely: a the manner of collection of stampduty on behalf of the state government by the stock exchange or the clearing corporation authorised by it, from its buyer under clause a of subsection 1 of section 9a b the manner of collection of stampduty on behalf of the state government by the depository from the transferor under clause b of subsection 1 of section 9a c the manner of collection of stampduty on behalf of the state government by the depository from the issuer under clause c of subsection 1 of section 9a d the manner of transfer of stampduty to the state government under subsection 4 of section 9a e any other matter which has to be, or may be, provided by rules. 1. ins. by act 7 of , s. 19 w.e.f. .

section 73b. of the indian stamp act : 173b. power to issue directions and to authorise certain authorities to issue instructions, etc. the central government may, a issue directions relating to such matters and subject to such conditions, as it deems necessary b in writing, authorise the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of or the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of to issue instructions, circulars or guidelines, for carrying out the provisions of part aa of chapter ii and the rules made there under. 1. ins. by act 12 of , s. 144 w.e.f. .

section 76a. of the indian stamp act : 176a. delegation of certain powers .23 the state government may, by notification in the official gazette, delegate a all or any of the powers conferred on it by sections 29, 333, b , 701, 74 and 78 to the chief controlling revenueauthority and b all or any of the powers conferred on the chief controlling revenueauthority by sections 45 1, 2, 56 1 and 70 2 to such subordinate revenueauthority as may be specified in the notification. state amendment uttar pradesh amendment of section 76a to act no. ii of .in section 76a of the indian stamp act, , as amended in its application to uttar pradesh, in clause b for the figures 56 1 the figures and letter 56 1 1a shall be substituted. vide uttar pradesh act 1 of , s. 2 1. ins. by act 4 of , s. 2 and the sch. pt. i. 2. subs. by the a.o. , for the local government may, by notification in the local official gazette. 3. the words, figures and brackets the central government subject to the provision of section 1241 of the government of india act, , and omitted by the a.o. .

section 74. of the indian stamp act : the 1state government 2 may make rules for regulating a the supply and sale of stamps an stamped papers, b the persons by whom alone such sale is to be conducted, and c the duties and remuneration of such persons: provided that such rules shall not restrict the sale of 3ten naye paise or five naya paise adhesive stamps. 1. subs. by the a.o. , for collecting government. 2. the words subject to the control of the g.g. in c omitted by the a.o.. 3. subs. by act 19 of s. 10, for one anna or half an anna w.e.f. .

section 75. of the indian stamp act : the 1state government may make rules to carry out generally the purposes of this act, and may by such rules prescribe the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof. 1. subs. by the a.o. , for collecting government.

section 76. of the indian stamp act : 11 all rules made under this act shall be published in the official gazette. 2 all rules published as required by this section shall, upon such publication, have effect as if enacted by this act. 22a every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 33 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature.. 1. subs. by the a.o. , for subsection 1. 2. ins. by act 7 of , s. 20 w.e.f. . 3. ins. by act 4 of , s. 2 and the schedule.

section 79.. of the indian stamp act : repealed. rep. by the repealing and amending act, 10 of s. 3 and schedule ii.

section 77a. of the indian stamp act : 177a. saving as to certain stamps. all stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twentyfive naye paise or, as the case may be, multiples thereof and shall, accordingly, be valid for all the purposes of this act. state amendment orissa. repeal of section 77a, act 2 of . section 77a of the indian stamp act, 2 of hereinafter referred a to as the principal act, shall be omitted. vide orissa act 9 of , s. 2 1. ins. by act 19 of , s. 11 w.e.f. .

section 78. of the indian stamp act : every state government shall make provision for the sale of translations of this act in the principal vernacular languages of the territories administered by it at a price not exceeding 1twentyfive naye paise per copy. state amendment assam substitution of section 78.in the principal act, for section 78, the following shall be substituted, namely, 78. duty or allowance to be rounded off to 78 the next rupee.if the total amount of duty payable, or of allowance to be made under this act is not a round figure, the total amount shall be rounded off the next rupee. vide assam act 22 of , s. 5 1. subs. by s. 12, ibid., four annas w.e.f. .

section 7. of the works of defence act : from and after the publication of the notice mentioned in section 3, subsection 2, such of the following restrictions as the 1central government may in its discretion declare therein shall attach with reference to such land, namely: a within an outer boundary which, except so far as is otherwise provided in section 39, subsection 4, may extend to a distance of two thousand yards from the crest of the outer parapet of the work, i no variation shall be made in the groundlevel, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the 2general officer commanding the district, and on such conditions, as he may prescribe ii no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated: provided that, with the written approval of the 3general officer commanding the district and on such conditions as he may prescribe, roadballast, manure and agricultural produce may be exempted from the prohibition: provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such roadballast, manure or agricultural produce, without compensation, on the requisition of the commanding officer iii no surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorised in this behalf, in the case of land under the control of military authority, by the commanding officer and, in other cases, by the collector with the concurrence of the commanding officer and iv where any building, wall, bank or other construction above the ground has been permitted under clause i of this subsection to be maintaind, erected, added to or altered, repairs shall not, without the written approval of the 2general officer commanding the district, be made with materials different in kind from those employed in the original building, wall, bank or other construction. b within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause a shall apply with the following additional limitations, namely: i4no building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the general officer commanding the district and on such conditions as he may prescribe, and no such building, wall bank or other construction shall be erected: provided that, with the written approval of the 5general officer commanding the district and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered: provided also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the 6general officer commanding the district and ii live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the 5general officer commanding the district and on such conditions as he may prescribe. c within a third boundary which may extend to a distance of five hundred yards from the crest of the outero parapet of the work, the restrictions enumerated in clauses a and b shall apply with the following additional limitation, namely: no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected : provided that, with the written approval of the commanding officer and on such conditions as he may prescribe, 7a building or other construction on the surface may be maintained and open railings and dry brushwood fences may be exempted from this prohibition. 1. subs. by the a.o. , for l.g.. 2. subs. by act 11 of , s. 3, for general officer commanding the division. 3. subs. by s. 3, ibid., for general officer commanding the division, district or brigade. 4. subs. by act 28 of , s. 2, for certain words. 5. subs. by act 11 of , s. 3, for general officer commanding the division. 6. subs. by s. 3, ibid., for general officer commanding the division, district or brigade. 7. ins. by s. 2, ibid.

section 1. of the works of defence act : 1 this act may be called the 1 works of defence act, and 22 it extends to the whole of india. 1. the word indian omitted by act 50 of , s. 2 w.e.f. . 2. subs. by act 39 of , s. 2, for subsection 2 w.e.f. .

section 2a. of the works of defence act : 12a. construction of references to laws not in force, or any functionary not in existence, in any area.any reference in this act to any law which is not in force in any area or any reference therein to any functionary not in existence in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force or to the corresponding functionary, if any, in existence, in that area. 1. ins. by act 39 of , s. 2.

section 6. of the works of defence act : whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of subsections 2 to 4, be lawful for such officer as the 1central government may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for levelling and clearing the same as he may deem necessary or, proper but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved. 2 the powers conferred by subsection 1 shall not be exercised, a save as otherwise provided by subsection 3, before the making of the award hereinafter referred to in section 12, nor b save as otherwise provided by subsection 4, after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the collector that there will be no further exercise of them. 3 in case of emergency, the 1central government 2 may, by notification in the official gazette, declare that all or any powers conferred by subsection 1 may be exercised at any time within six months after the publication of the notice referred to in section 3, subsection 2, and such powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency. 4 nothing in subsection 2 shall be deemed to preclude any such officer or his servants or workmen from exercising at any lime the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this act or of any rule or order made there under or of any condition prescribed in accordance therewith. 1. subs. by the a.o. , for l.g.. 2. the words with the previous sanction of the g.g. in c. omitted 2iibid.

section 3. of the works of defence act : 1 whenever it appears to the 1central government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a secretary to such government or of some officer duly authorised to certify its orders. 2 the said declaration shall be published in the official gazette and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected and the collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality, 3 the said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions. 1. subs. by the a.o. , for l.g..

section 8. of the works of defence act : as soon as may be after the publication of the declaration aforesaid, the collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.

section 4. of the works of defence act : it shall be lawful for such officer as the 1central government may, by general or special order, authorise in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, subsection 2, to enter upon and survey and take levels of any land in such locality, to dig or bore into the subsoil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle : provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwellinghouse unless with the consent of the occupier thereof without previously giving such occupier at least seven days notice in writing of his intention to do so. 1. subs. by the a.o. , for l.g..

section 9. of the works of defence act : 1 at any time before the expiration of a the period of eighteen months from the publication of the declaration referred to in section 3, or b such other period not exceeding three years from the said publication as the 1centralgovernment 2 may, by notification in the official gazette direct in this behalf, the collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance of such declaration may be made to him: provided that, where anything has been done in exercise of the powers conferred, in case of emergency by section 6, subsection 3, the notice prescribed by this section shall be given as soon as may be thereafter. 2 such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, subsection 3, done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the collector at a time and place therein mentioned such time not being earlier than fifteen days after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections if any to the measurements made under section 8. the collector may in any case require such statement to be made in writing and signed by the party or his agent. 3 the collector shall also serve notice to the same effect on the occupier if any of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenuedistrict in which the land is situate. 4 in case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business. 1. subs. by the a.o. , for l.g.. 2. the words with the previous sanction of the g.g. in c. rep, ibid.

section 5. of the works of defence act : the officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the collector or other chief revenue officer of the district, and such decision shall be final.

section 2. of the works of defence act : in this act, unless there is something repugnant in the subject or context, a the expression land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth b the expression person interested includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this act and a person shall be deemed to be interested in land if he is interested in an casement affecting the land 1c the expression district means one of the districts into which india is, for military purposes for the time being, divided it includes a brigade area which does not form part of any district, and any area which the central government may, by notification in the official gazette, declare to be a district for all or any of the purposes of this act d the expression central officer commanding the district means the officer for the time being in command of the forces in a district e the expression commanding officer means the officer for the time being in command of a work of defence f the expression collector includes any officer specially appointed by the 2central government to perform the functions of a collector under this act g the expression court means a principal civil court of original jurisdiction, unless the 2centralgovernment has appointed as it is hereby empowered to do a special judicial officer within any specified local limits to perform the functions of the court under this act h maintain, with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, subsections 1 and 3, in the state in which it was at the time of the publication of the notice referred to in section 3, subsection 2 i the following persons shall be deemed entitled to act as and to the extent hereinafter provided, that is to say, trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability a married woman, in cases to which the english law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted: provided that i no person shall be deemed entitled to act whose interest in the subjectmatter is shown to the satisfaction of the collector or court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act ii in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the collector or court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof iii the provisions of chapter xxxi of the code of civil procedure3 14 of shall, mutatis mutandis, apply in the case of persons interested appearing before a collector or court by a next friend, or by a guardian for the case, in proceedings under this act and iv no person entitled to act shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchasemoney on a voluntary sale. 1. subs. by act 11 of , s. 2, for clauses c and d. 2. subs. by the a.o. , for l.g.. 3. see now the code of civil procedure, 5 of , first schedule, order xxxii.

section 10. of the works of defence act : the collector may also require any such person to make or deliver to him, at a time and place mentioned such time not being earlier than fifteen days after the date of the requisition a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as coproprietor, subproprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits if any received or receivable on account thereof for three years next preceding the date of the statement.

section 11. of the works of defence act : every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the indian penal code.

section 12. of the works of defence act : on the day fixed under section 9 or on any other day to which the inquiry has been adjourned, the collector shall proceed to inquire into the objections if any which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of a the true area of the land and the nature of the obstructions from which the land is to be kept free b the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7 and c the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him or not.

section 13. of the works of defence act : 1 such award shall be filed in the collectors office and shall, except as hereinafter provided, be final and conclusive evidence, as between the collector and the persons interested whether they have respectively appeared before the collector or not, of the true area of the land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7 and the apportionment of the compensation among the persons interested. 2 the collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

section 14. of the works of defence act : the collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.

section 15. of the works of defence act : for the purpose of injuries under this act the collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents, by the same means, and so far as may be in the same manner, as is provided in the case of a civil court under the code of civil procedure114 of . 1. see now the code of civil procedure, act 5 of .

section 16. of the works of defence act : in determining the amount of compensation, the collector shall be guided by the provisions contained in sections 23 and 24.

section 20. of the works of defence act : the court shall thereupon cause a notice specifying the day on which the court will proceed to determine the objection, and directing their appearance before the court on that day, to be served on the following persons namely: a the applicant b all persons interested in the objection, except such if any of them as have consented without protest to receive payment of the compensation awarded and c if the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the collector.

section 18. of the works of defence act : 1 any person interested who has not accepted the award may, by written application to the collector, require that the mailer be referred by the collector for the determination of the court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested: provided that every such application shall be made, a if the person making it was present or represented before the collector at the time when he made his award, within six weeks from the date of the collectors award b in other cases, within six weeks of the receipt of the notice from the collector under section 13 subsection 2 or within six months from the date of the collectors award, whichever period shall first expire. 2 the application shall state the grounds on which objection to the award is taken.

section 19. of the works of defence act : 1 in making the reference the collector shall state, for the information of the court, in writing under his hand a the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7 b the names of the persons whom he has reason to think interested in such land c the amount of compensation awarded under section 12 and d if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. 2 to the said statement shall be attached a schedule giving the particulars of the notices served upon and of the statements in writing made or delivered by, the parties interested respectively.

section 17. of the works of defence act : whenever the officer exercising powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation but of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should be done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by subsection 1 of that section, and the provisions of sections 10 to 16 shall, so far as they are applicable be deemed to apply to any further inquiry and award which may be held or made in consequence of such supplementary notice.

section 21. of the works of defence act : the scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

section 22. of the works of defence act : every such proceeding shall take place in open court, and all persons entitled to practise in any civil court in the state shall be entitled to appear, plead and act, as the case may be, in such proceeding.

section 23. of the works of defence act : 1 in determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this act, the court shall take into consideration a the actual decrease in market value of the land owing to the publication of the declaration relating thereto under section 3 and any damage caused or to be caused under section 6 b the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6 c the damage if any sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land d the damage if any sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings and e if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses if any incidental to such change. 2 in addition to the amount representing the actual decrease in the marketvalue of the land as above provided, the court shall in every case award a further sum of fifteen per centum on such amount.

section 24. of the works of defence act : in determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this act, the court shall not take into consideration a the degree of urgency which has led to the damage or the imposition of restrictions b any disinclination of the person interested to submit to damage or restrictions c any damage sustained by him, which, if caused by a private person, would not render such person liable to a suit d any increase to the value of the other land of the person interested, accruing or likely to accrue from anything done under this act or e any outlay or improvements on, or disposal of, the land commenced, made or effected without the sanction of the collector after the date of the publication of the declaration under section 3.

section 25. of the works of defence act : 1 when the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the court shall not exceed the amount so claimed or be less than the amount awarded, by the collector under section 12. 2 when the applicant has refused to make such claim or has omitted without sufficient reason to be allowed by the judge to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the collector. 3 when the applicant has omitted for a sufficient reason to be allowed by the judge to make such claim, the amount awarded to him by the court shall not be less than, and may exceed, the amount awarded by the collector.

section 30. of the works of defence act : when the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the collector may refer such dispute to the decision of the court.

section 26. of the works of defence act : every award under this part shall be in writing signed by the judge, and shall specify the amount awarded under section 23, subsection 1, clause a, and also the amounts if any respectively a warded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts.

section 27. of the works of defence act : 1 every such award shall also state the amount of costs incurred in the proceedings under this pan, and by what persons and in what proportion they are to be paid. 2 when the award of the collector is not upheld, the costs shall ordinarily be paid by the collector, unless the court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the collector that some deduction from his costs should be made or that he should pay a part of the collectors costs.

section 32. of the works of defence act : 1 if any money is deposited in court under section 31, subsection 2, and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the court shall order the money to be invested a in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or b if such purchase cannot be effected forthwith, then in such government or other approved securities as it thinks fit and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same are applied i in the purchase of such other lands as aforesaid or ii in payment 16 any person or persons becoming absolutely entitled thereto. 2 in all cases of moneys deposited to which this section applies, the court shall order the cost of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the collector, namely : a the costs of such investment as aforesaid b the costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out of court of the principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

section 28. of the works of defence act : if the sum which, in the opinion of the court, the collector ought to have awarded as compensation is in excess of the sum which the collector did award as compensation, the court may direct that the collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into court.

section 29. of the works of defence act : where there are several persons interested, if such persons agreed in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.

section 31. of the works of defence act : 1 on making an award under section 12, the collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in subsection 2. 2 if they do not consent to receive it, or if there is no person competent to alienate the land, or if there is any dispute as to the title to receive the compensation or as to the apportionment of it, the collector shall deposit the amount of the compensation in the court to which a reference under section 18 would be submitted: provided, first, that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: provided, secondly, that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this act, to pay the same to the person lawfully entitled thereto. 3 notwithstanding anything in this section, the collector may, with the sanction of the 1centralgovernment instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, or by the remission of land revenue on the same or on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned. 4 nothing in subsection 3 shall be construed to interfere with or limit the power of the collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof 1. subs. by the a.o. , for l.g..

section 33. of the works of defence act : if any money is deposited in court under this act for any cause other than that mentioned in section 32, the court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such government or other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect of which such money was deposited or as near thereto as may be.

section 39. of the works of defence act : 1 the provisions of this act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired: provided that the owner may at any time before the collector has made his award under section 12, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired provided a lop so, that if any question shall arise as to whether any building or other construction proposed to be demolished under this act does or does not form part of a house, manufactory or building within the meaning of this section, the collector shall refer the determination of such question to the court, and such building or other construction shall not be demolished until after the question has been determined. in deciding on such a reference the court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building. 2 if, in the case of any claim of the kind referred to in section 23, subsection 1, clause c, by a person interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the a 1central government is of opinion that the claim is unreasonable or excessive, it may, at any time before the collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part. 3 in the case provided for by subsection 2 no fresh declaration or other proceeding under sections 3 to 10 shall be necessary but the collector shall without delay furnish a copy of the order of the 1centralgovernment to the person interested, and shall thereafter proceed to make his award under section 12. 4 notwithstanding anything contained in section 7, clause a, any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards. 1. subs. by the a.o. , for l.g..

section 35. of the works of defence act : 1 service of any notice under this act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3, subsection 2, by the officer therein mentioned, and, in the case of any other notice, by or by order of the collector or the judge. 2 whenever it may be practicable, the service of the notice shall be made on the person therein named. 3 when such person cannot be found, the service may be made on any adult male member of his family residing with him and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the collector or in the courthouse and also in some conspicuous part of the land upon which restrictions are to be imposed: provided that, if the collector or judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may he proved by the production of the addressees receipt.

section 40. of the works of defence act : no award or agreement made under this act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

section 36. of the works of defence act : whoever willfully a obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8, or b destroys, damages, alters or otherwise interferes with the ground level or any work done under section 6, or c contravenes any of the provisions of section 7 or any condition prescribed thereunder, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both, and, in the case of a continuing offence, with an additional fine which may extend to five rupees for every day after the first in regard to which he is convicted of having persisted in the offence and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.

section 37. of the works of defence act : if the collector or officer authorised under section 6 is opposed or impeded in doing anything directed or permitted by this act, he shall, if a magistrate, enforce compliance, and, if not a magistrate, he shall apply to a magistrate 1or within any area for which a commissioner of police has been appointed to the commissioner of police and such magistrate or commissioner as the case may be shall enforce compliance. 1. subs. by act 50 of , s. 3, for certain words

section 34. of the works of defence act : when the amount of any compensation awarded under this act is not paid or deposited within fifteen days of making the award, the collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited.

section 38. of the works of defence act : 1 the 1central government shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorised by section 6 have been taken. 2 whenever the 1central government withdraws the imposition of any declared restrictions, the collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this act relating to the said restrictions. 3 the provisions of part iii shall apply, so far as may be, to the determination of the compensation payable under this section. 1. subs. by the a.o. , for l.g..

section 44. of the works of defence act : 1 1the central government may, by notification in the official gazette, make rules for the guidance of officers in all matters connected with the enforcement of this act. 2 the power to make rules under subsection 1 shall be subject to the condition of the rules being made after previous publication. 23 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 50 of , s. 4, for certain words. 2. subs. by s. 4, ibid., for subsection 3.

section 41. of the works of defence act : no suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this act, without giving to such person a months previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.

section 43. of the works of defence act : subject to the provisions of the code of civil procedure114 of applicable to appeals from original decrees, an appeal shall lie to the high court from the award or from any part of the award of the court in any proceeding under this act. 1. see now the code of civil procedure, 5 of .

section 42. of the works of defence act : save in so far as they may be inconsistent with anything contained in this act, the provisions of the code of civil procedure114 of shall apply to all proceedings before the court under this act. 1. see now the code of civil procedure, 5 of .

section 3. of the calcutta landrevenue act : it shall be lawful for the collector of calcutta to employ any deputy collector subordinate to him, in the performance of any part of the duties of his office under the said regulation, or under act xi of , or act xxiii of and all rules, regulations, and acts relating to the office of deputy collector, shall be of the same force within the town of calcutta as in other parts of the territories subject to the presidency of fort william in bengal.

section 7a. of the protection of civil rights act : 17a. unlawful compulsory labour when to be deemed to be a practice of untouchability.1 1 whoever compels any person, on the ground of untouchability, to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of untouchability. 2 whoever is deemed under subsection 1 to have enforced a disability arising out of untouchability shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees. explanation.for the purposes of this section, compulsion includes a threat of social or economic boycott. 1. ins. by s. 10, ibid. w.e.f. .

section 1. of the protection of civil rights act : 1 this act may be called 1 the protection of civil rights act, . 2 it extends to the whole of india. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 3, ibid., for the untouchability offences act w.e.f. . 2. 1st june, , vide notification no. s.r.o. e, dated the 23rd may, , see gazette of india, , extraordinary part ii, s. 3.

section 2. of the protection of civil rights act : in this act, unless the context otherwise requires, 1 a civil rights means any right accruing to a person by reason of the abolition of untouchability by article 17 of the constitution 2 aa hotel includes a refreshment room, a boarding house, a lodging house, a coffee house and a cafe 3 b place includes a house, building and other structure and premises and also includes a tent, vehicle and vessel c place of public entertainment includes any place to which the public are admitted and in which an entertainment is provided or field. explanation.entertainment includes any exhibition performance, game, sport and any other form of amusement d place of public worship means a place, by whatever name known, which is used as a place of public religious worship or which is dedicated generally to, or is used generally by persons professing any religion or belonging to any religious denomination or any section thereof, for the performance of any religious service, or for offering prayers therein, 4 and includes i all lands and subsidiary shrines appurtenant or attached to any such place ii a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as a place of public worship and iii such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship 5 da prescribed means prescribed by rules made under this act db scheduled castes has the meaning assigned to it in clause 24 of article 366 of the constitution e shop means any premises where goods are sold either wholesale or by retail or both wholesale and by retail 6 and includes i any place from where goods are sold by a hawker or vendor or from a mobile van or cart ii a laundry and a hair cutting saloon iii any other place where services are rendered to customers. 1. ins. by act 106 of , s. 4 w.e.f. . 2. clause a relettered as clause aa by s. 4, ibid. w.e.f. . 3. subs. by s. 4, ibid., for clause b w.e.f. . 4. subs. by s. 4, ibid., for certain words w.e.f. . 5. ins. by act 106 of , s. 4 w.e.f. . 6. subs. by s. 4, ibid., for certain words w.e.f. .

section 7. of the protection of civil rights act : 1 whoever a prevents any person from exercising any right accruing to him by reason of the abolition of untouchability under article 17 of the constitution or b molests, injures, annoys, obstructs or causes or attempts to cause obstruction to any person in the exercise of any such right or molests, injures, annoys or boycotts any person by reason of his having exercised any such right or c by words, either spoken or written, or by signs or by visible representations or otherwise, incites or encourages any person or class of persons or the public generally to practice untouchability in any form whatsoever 1 or 1 d insults or attempts to insult, on the ground of untouchability, a member of a scheduled caste 2 shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. 3 explanation i .a person shall be deemed to boycott another person who a refuses to let to such other person or refuses to permit such other person, to use or occupy any house or land or refuses to deal with, work for hire for, or do business with, such other person or to render to him or receive from him any customary service, or refuses to do any of the said things on the terms on which such things would be commonly done in the ordinary course of business or b abstains from such social, professional or business relations as he would ordinarily maintain with such other person. 1 explanation ii.for the purpose of clause c a person shall be deemed to incite or encourage the practice of untouchability i if he, directly or indirectly, preaches untouchability or its practice in any form or ii if he justifies, whether on historical, philosophical or religious grounds or on the ground of any tradition of the caste system or on any other ground, the practice of untouchability in any form. 1 1a whoever commits any offence against the person or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of untouchability under article 17 of the constitution, shall, where the offence is punishable with imprisonment for a term exceeding two years, be punishable with imprisonment for a term which shall not be less than two years and also with fine. 2 whoever i denies to any person belonging to his community or any section thereof any right or privilege to which such person would be entitled as a member of such community or section, or ii takes any part in the excommunication of such person, on the ground that such person has refused to practice untouchability that such person has done any act in furtherance of the objects of this act, shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. 1. ins. by act 106 of , s. 9, w.e.f. . 2. subs. by s. 9, ibid., for certain words w.e.f. . 3. the existing explanation renumbered as explanation i by s. 9, ibid., w.e.f .

section 3. of the protection of civil rights act : whoever on the ground of untouchability prevents any person a from entering any place of public worship which is open to other persons professing the same religion 1 or any section thereof, as such person or b from worshipping or offering prayers or performing any religious service in any place of public worship, or bathing in, or using the waters of, any sacred tank, well, spring or watercourse 2 river or lake or bathing at any ghat of such tank, watercourse, river or lake in the same manner and and to the same extent as is permissible to the other persons professing the same religion 1 or any section thereof, as such person, 3 shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. explanation.for the purposes of this section and section 4 persons professing the buddhist, sikh or jaina religion or persons professing the hindu religion in any of its forms or developments including virashaivas, lingayats, adivasis, followers of brahmo, prarthana, arya samaj and the swaminarayan sampraday shall be deemed to be hindus. 1. the words or belonging to the same religious denomination omitted by s. 5, ibid. w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. subs. by s. 5, ibid., for certain words w.e.f. .

section 8. of the protection of civil rights act : when a person who is convicted of an offence under section 6 holds any licence under any law for the time being in force in respect of any profession, trade, calling or employment in relation to which the offence is committed, the court trying the offence may without prejudice to any other penalty to which such person may be liable under that section, direct that the licence shall stand cancelled or be suspended for such period as the court may deem fit, and every order of the court so cancelling or suspending a licence shall have effect as if it had been passed by the authority competent to cancel or suspend the licence under any such law. explanation.in this section, licence includes a permit or a permission.

section 6. of the protection of civil rights act : whoever on the ground of untouchability refuses to sell any goods or refuses to render any service to any person at the same time and place and on the same terms and conditions at or which such goods are sold or services are rendered to other persons in the ordinary course of business 1 shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. 1. subs. by s. 8, ibid., for certain words w.e.f. .

section 4. of the protection of civil rights act : whoever on the ground of untouchability enforces against any person any disability with regard to i access to any shop, public restaurant, hotel or place of public entertainment or ii the use of any utensils, and other articles kept in any public restaurant, hotel, dharamshala, sarai or musafirkhana for the use of the general public or of 1 any section thereof or iii the practice of any profession or the carrying on of any occupation, trade or business 2 or employment in any job or iv the use of, or access to, any river, stream, spring, well, tank, cistern, watertap or other watering place, or any bathing ghat, burial or cremation ground, any sanitary convenience, any road, or passage, or any other place of public resort which other members of the public, or 3 any section thereof, have a right to use or have access to or v the use of, or access to, any place used for a charitable or a public purpose maintained wholly or partly out of state funds or dedicated to the use of the general public or 3 any section thereof or vi the enjoyment of any benefit under a charitable trust created for the benefit of the general public or of 3 any section thereof or vii the use of, or access to, any public conveyance or viii the construction, acquisition, or occupation of any residential premises in any locality, whatsoever or ix the use of any dharamshala, sarai or musafirkhana which is open to the general public, or to 3 any section thereof or x the observance of any social or religious custom, usage or ceremony or 4 taking part in, or taking out, any religious, social or cultural procession or xi the use of jewellery and finery, 5 shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. 6 explanation.for the purposes of this section, enforcement of any disability includes any discrimination on the ground of untouchability. 1. subs. by s. 6, ibid., for certain words w.e.f. . 2. ins. by s. 6, ibid. w.e.f. . 3. subs. by act 106 of , s. 6, for certain words w.e.f. . 4. subs. by s. 6, ibid., for taking part in any religious procession w.e.f. . 5. subs. by s. 6, ibid., for certain words w.e.f. . 6. ins. by s. 6, ibid. w.e.f. .

section 5. of the protection of civil rights act : whoever on the ground of untouchability a refuses admission to any person to any hospital, dispensary, educational institution or any hostel 1 , if such hospital, dispensary, educational institution or hostel is established or maintained for the benefit of the general public or any section thereof or b does any act which discriminates against any such person after admission to any of the aforesaid institutions, 2 shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees. 1. the words attached thereto omitted by s. 7, ibid. w.e.f. . 2. subs. by s. 7, ibid., for certain words w.e.f. .

section 9. of the protection of civil rights act : where the manager or trustee of a place of public worship 1 for any educational institution or hostel which is in receipt of a grant of land or money from the government is convicted of an offence under this act and such conviction is not reversed or quashed in any appeal or revision, the government may, if in its opinion the circumstances of the case warrant such a course, direct the supension or resumption of the whole or any part of such grant. 1. ins. by act 106 of , s. 11, ibid. w.e.f.

section 10. of the protection of civil rights act : whoever abets any offence under this act shall be punishable with the punishment provided for the offence. 1 explanation. a public servant who wilfully neglects the investigation of any offence punishable under this act shall be deemed to have abetted an offence punishable under this act. 1. ins. by s. 12, ibid. w.e.f. .

section 14a. of the protection of civil rights act : 1 14a. protection of action taken in good faith.1 no suit, prosecution or other legal proceeding shall lie against the central government or a state government for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or a state government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act. 1. ins. by act 106 of , s. 16 w.e.f. .

section 10a. of the protection of civil rights act : 110a. power of state government to impose collective fine.1 if, after an inquiry in the prescribed manner, the state government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the state government may, by notification in the official gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the state governments judgment of the respective means of such inhabitants and in making any such apportionment the state government may assign a portion of such fine to a hindu undivided family to be payable by it: provided that the fine apportioned to an inhabitant shall not be realised until the petition, if any, filed by him under subsection 3, is disposed of. 2 the notification made under subsection 1 shall be proclaimed in the area by beat of drum or in such other manner as the state government may think best in the circumstances to bring the imposition of the collective fine to the notice of the inhabitants of the said area. 3 a any person aggrieved by the imposition of the collective fine under subsection 1or by the order of apportionment, may, within the prescribed period, file a petition before the state government or such other authority as that government may specify in this behalf for being exempted from such fine or for modification of the order or apportionment: provided that no fee shall be charged for filing such petition. b the state government or the authority specified by it shall, after giving to the petitioner a reasonable opportunity of being heard, pass such order as it may think fit: provided that the amount of the fine exempted or reduced under this section shall not be realisable from any person, and the total fine imposed on the inhabitants of an area under subsection 1 shall be deemed to have been reduced to that extent. 4 notwithstanding anything contained in subsection 3, the state government may exempt the victims of any offence punishable under this act or any person who does not, in its opinion, fall within the category of persons specified in subsection 1, from the liability to pay the collective fine imposed under subsection 1 or any portion thereof. 5 the portion of collective fine payable by any person including a hindu undivided family may be recovered in the manner provided by the code of criminal procedure, 2 of , for the recovery of fines imposed by a court as if such portion were a fine imposed by a magistrate. 1. ins. by s. 13, ibid. w.e.f. .

section 11. of the protection of civil rights act : whoever having already been convicted of an offence under this act or of an abetment of such offence is again convicted of any such offence or abetment, 1 shall, on conviction, be punishable a for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees b for the third offence or any offence subsequent to the third offence with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees. 1. subs. by act 106 of , s. 14, for certain words w.e.f. .

section 15. of the protection of civil rights act : 115. offences to be cognizable and triable summarily.1 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under this act shall be cognizable and every such offence, except where its punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a judicial magistrate of the first class or in a metropolitan area by a metropolitan magistrate in accordance with the procedure specified in the said code. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , when any public servant is alleged to have committed the offence of abetment of an offence punishable under this act, while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence of abetment except with the previous sanction a of the central government, in the case of a person employed in connection with the affairs of the union and b of the state government, in the case of a person employed in connection with the affairs of a state. 1. subs. by s. 17, ibid., for s. 15 w.e.f. .

section 12. of the protection of civil rights act : where any act constituting an offence under this act is committed in relation to a member of a scheduled caste 1 , the court shall presume, unless the contrary is proved, that such act was committed on the ground of untouchability. 1. the words, brackets and figures as defined in clause 24 of article 366 of the constitution omitted by s. 15, ibid. w.e.f. .

section 15a. of the protection of civil rights act : 1 subject to such rules as the central government may make in this behalf, the state government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of untouchability are made available to, and are availed of by the persons subjected to any disability arising out of untouchability. 2 in particular, and without prejudice to the generality of the provisions of subsection 1, such measures may include i the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of untouchability to enable them to avail themselves of such rights ii the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this act iii the setting up of special courts for the trial of offences under this act iv the setting up of committees at such appropriate levels as the state government may think fit to assist the state government in formulating or implementing such measures v provision for a periodic survey of the working of the provisions of this act with a view to suggesting measures for the better implementation of the provisions of this act vi the identification of the areas where persons are under any disability arising out of untouchability and adoption of such measures as would ensure the removal of such disability from such areas. 3 the central government shall take such steps as may be necessary to coordinate the measures taken by the state governments under subsection 1. 4 the central government shall, every year, place on the table of each house of parliament, a report on the measures taken by itself and by the state governments in pursuance of the provisions of this section.

section 13. of the protection of civil rights act : 1 no civil court shall entertain or continue any suit or proceeding or shall pass any decree or order if the claim involved in such suit or proceeding or if the passing of such decree or order or if such execution would in any way be contrary to the provisions of this act. 2 no court shall, in adjudicating any matter or executing any decree or order, recognise any custom or usage imposing any disability on any person on the ground of untouchability.

section 14. of the protection of civil rights act : 1 if the person committing an offence under this act is a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 17. of the protection of civil rights act : the enactments specified in the schedule are hereby repealed to the extent to which they or any of the provisions contained therein correspond or are repugnant to this act or to any of the provisions contained therein.

section 16. of the protection of civil rights act : save as otherwise expressly provided in this act, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of any court or other authority.

section 16b. of the protection of civil rights act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 16a. of the protection of civil rights act : 1 16a. probation of offenders act, , not to apply to persons above the age of fourteen years.the provisions of the probation of offenders act, 20 of , shall not apply to any person above the age of fourteen years who is found guilty of having committed any offence punishable under this act. 1. ins. by act 106 of , s. 18 w.e.f. .

section 8. of the national cadet corps act : every person enrolled under this act shall be entitled to receive his or her discharge from the corps on the expiration of the period for which he or she was enrolled or on his or her ceasing to be borne on the roll of the university or school to which he or she may belong: provided that any person enrolled may be discharged at any time by such authority and subject to such conditions as may be prescribed.

section 1. of the national cadet corps act : 1 this act may be called the national cadet corps act, . 2 it extends, to the whole of india 1 and applies to all persons enrolled or appointed under this act, wherever they may be. 1. the words except the state of hyderabad omitted by act 3 of , s. 3 and the schedule.

section 2. of the national cadet corps act : in this act, unless there is anything repugnant in the subject or context, corps means the national cadet corps constituted under this act enrolled means enrolled in the corps under this act prescribed means prescribed by rules made under this act school includes any institution recognised in this behalf by the central government or the state government university means any university established by law in india and includes colleges affiliated to universities, intermediate colleges and such technical institutions of collegiate status, as are recognised in this behalf by the central government or the state government.

section 7. of the national cadet corps act : notwithstanding anything contained in this act, the central government may, by notification, provide for the constitution of any other units of the corps in any place and prescribe the persons or class of persons who may be eligible for enrolment therein.

section 4. of the national cadet corps act : the central government may constitute in any state 1 one or more units of the corps members of which shall be recruited from amongst the students of any university or school, and may disband or reconstitute any unit so constituted. 1. the words or acceding state omitted by a.o. w.e.f. .

section 11. of the national cadet corps act : any person enrolled under this act may be punished for the contravention of any rule made under this act with fine which may extend to fifty rupees to be recovered in such manner and by such authority as may be prescribed.

section 3. of the national cadet corps act : there shall be raised and maintained in the manner hereinafter provided a corps, to be designated the national cadet corps: provided that the central government may establish all or any of the units of the corps as and when necessary.

section 6. of the national cadet corps act : 1 any student of the male sex of any university may offer himself for enrolment as a cadet in the senior division, and any student of the male sex of any school may offer himself for enrolment as a cadet in the junior division if he is of the prescribed age or over. 2 any student of the female sex of any university or school may offer herself for enrolment as a cadet in the girls division : provided that in the latter case she is of the prescribed age or over.

section 5. of the national cadet corps act : there shall be three divisions of the corps, namely: i the senior division, recruitment to which shall be from amongst the students of the male sex of any university ii the junior division, recruitment to which shall be from amongst the students of the male sex of any school and iii the junior division, recruitment to which shall be from amongst the students of the female sex of any university or school.

section 9. of the national cadet corps act : the central government may provide for the appointment of officers in or for any unit of the corps either from amongst members of the staff of any university or school or otherwise and may prescribe the duties, powers and functions of such officers.

section 13. of the national cadet corps act : show related subordinates 1 the central government may make rules to carry out the objects of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules may a prescribe the conditions subject to which universities or schools shall be allowed to raise units under this act b prescribe the persons or class of persons who may be eligible for enrolment under section 7 c prescribe the manner in which, the period for which and the conditions subject to which any person or class of persons may be enrolled under this act d provide for the medical examination of persons offering themselves for enrolment under this act e prescribe preliminary and periodical military training for any person or class of persons subject to this act f prescribe the military or other obligations to which members of the corps shall be liable when undergoing military training and provide generally for the maintenance of discipline amongst members of the corps g prescribe the duties, powers and functions of officers appointed under this act h prescribe the allowances or other remuneration payable to persons subject to this act i provide for the removal or discharge of any person subject to this act j prescribe the offences for which any person subject to this act may be tried and provide for the trial thereof k prescribe the manner in which fines levied under this act may be recovered l prescribe the duties, powers and functions of central 1 or state advisory committees and m provide for any other matter which under this act is to be or may be prescribed. 23 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words provincial omitted by the a.o. . 2. ins. by act 50 of , s. 3 w.e.f. .

section 10. of the national cadet corps act : no person subject to this act shall by virtue of being a member of the corps be liable for active military service, but subject thereto any such person shall be liable to perform such duties and discharge such obligations as may be prescribed.

section 12. of the national cadet corps act : 1 the central government may for the purpose of advising it on all matters of policy connected with the constitution and administration of the corps appoint a central advisory committee consisting of the following persons, namely: a the minister for defence, who shall be the chairman of the committee b the secretary to the government of india, ministry of defence, ex officio c the secretary to the government of india, ministry of education, ex officio d the financial advisor, defence, ex officio 1e the chief of the army staff, ex officio f the chief of the naval staff, ex officio g the chief of the air staff, ex officio h five nonofficial members to be nominated by the central government and 2i three members of parliament of whom two shall be elected by the house of the people and one by the council of states. 31a a member elected under clause i of subsection 1 shall hold office for a period of one year from the date of his election or until he ceases to be a member of the house which elected him, whichever is earlier. 2 the central government may also appoint, for the same purpose as is specified in subsection 1, such 4 state advisory committees as it may consider desirable from time to time and may prescribe their duties and functions. 1. subs. by act 19 of , s. 2 and the schedule, for clauses e, f and g. 2. subs. by act 50 of , s. 2, for clause i w.e.f. . 3. ins. by act 50 of , s. 2 w.e.f. . 4. the words provincial or omitted by the a.o. .

section 7. of the naga hillstuensang area act : the provisions of section 2 shall not be deemed to have effected any change in the areas to which any law in force immediately before the commencement of this act extends or applies, and territorial references in any such law to the naga hills district, the naga tribal area or the tuensang frontier division shall, until otherwise provided by a competent legislature or other competent authority, continue to have the same meaning. explanation.in this section, law means any law, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in india or any part thereof.

section 1. of the naga hillstuensang area act : 1 this act may be called the naga hillstuensang area act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st december, , vide notification no. s.r.o. , dated 30th november, , see gazette of india, extraordinary, part ii, sec. 3.

section 3. of the naga hillstuensang area act : in the sixth schedule to the constitution, in paragraph 20, a after subparagraph 2a, the following subparagraph shall be inserted, namely: 2b the naga hillstuensang area shall comprise the areas which at the commencement of this constitution were known as the naga hills district and the naga tribal area. b in subparagraph 3, after the words administrative area, the brackets and words other than the naga hillstuensang area shall be inserted c in part a of the table, item 4 shall be omitted and d in part b of the table, for item 2, the following item shall be substituted, namely: 2. the naga hillstuensang area..

section 4. of the naga hillstuensang area act : in the delimitation of parliamentary and assembly constituencies order, , a in the first schedule, in the entry in column 3 against serial no. 37, the words naga hills, shall be omitted and b in the second schedule, in the part relating to assam, the heading naga hills district and all entries against serial nos. 16, 17 and 18 shall be omitted.

section 6. of the naga hillstuensang area act : notwithstanding the alteration in the extent of the autonomous districts parliamentary constituency in assam effected by section 4, the sitting member of the house of the people representing that constituency shall be deemed to have been elected to the house of the people by that constituency as so altered.

section 2. of the naga hillstuensang area act : as from the commencement of this act, there shall be formed a new administrative unit in the state of assam by the name of naga hillstuensang area comprising the tribal areas which at such commencement were known as the naga hills district and tuensang frontier division of the north east frontier agency.

section 5.. of the naga hillstuensang area act : amendment of the representation of the people act, . rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 8. of the emblems and names prevention of improper use act : the central government may, by notification in the official gazette, add to or alter the schedule, and any such addition or alteration shall have effect as if it has been made by this act.

section 1. of the emblems and names prevention of improper use act : 1 this act may be called the emblems and names prevention of improper use act, . 2 it extends to the whole of india 1 and also applies to citizens of india outside india. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by the jammu and kashmir extension of laws act, 62 of , s. 2 and the schedule w.e.f. . 2. 1st september, , see gazette of india, , part ii, s. 3

section 6. of the emblems and names prevention of improper use act : no prosecution for any offence punishable under this act shall be instituted, except with the previous sanction of the central government or of any officer authorised in this behalf by general or special order of the central government.

section 5. of the emblems and names prevention of improper use act : any person who contravenes the provisions of section 3 shall be punishable with fine which may extend to five hundred rupees.

section 9. of the emblems and names prevention of improper use act : show related subordinates 11 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 22 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 9 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 9, ibid. w.e.f.

section 2. of the emblems and names prevention of improper use act : in this act, unless the context otherwise requires, a emblem means any emblem, seal, flag, insignia, coatofarms or pictorial representation specified in the schedule b competent authority means any authority competent under any law for the time being in force to register any company, firm, or other body of persons or any trade mark or design or to grant a patent c name includes any abbreviation of a name.

section 3. of the emblems and names prevention of improper use act : notwithstanding anything contained in any law for the time being in force, no person shall, except in such cases and under such conditions as may be prescribed by the central government, use or continue to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trade mark or design, any name or emblem specified in the schedule or any colourable imitation thereof without the previous permission of the central government or such officer of government as may be authorised in this behalf by the central government.

section 4. of the emblems and names prevention of improper use act : 1 notwithstanding anything contained in any law for the time being in force, no competent authority shall, a register any company, firm or other body of persons which bears any name, or b register a trade mark or design which bears any emblem or name, or c grant a patent in respect of any invention which bears a title containing any emblem or name, if the use of such name or emblem is in contravention of section 3. 2 if any question arises before a competent authority whether any emblem is an emblem specified in the schedule or a colourable imitation thereof, the competent authority may refer the question to the central government, and the decision of the central government thereon shall be final.

section 8. of the marking of heavy packages act : 1 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act. 2 no court shall take cognizance of any offence under this act except on a complaint in writing made by an inspector within six months of the date on which the offence is alleged to have been committed.

section 2. of the marking of heavy packages act : in this act, unless the context otherwise requires, a heavy package means a package or other object weighing not less that one metric ton, which is equal to one thousand kilogrammes or .6 standard pounds or 26.8 standard maunds b inland waterway means any canal, river, lake or other navigable water in india.

section 1. of the marking of heavy packages act : 1 this act may be called the marking of heavy packages act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st november, , vide notification no. s.r.o. , dated 15th september, , see gazette of india, part ii, sec. 3.

section 3. of the marking of heavy packages act : every person consigning a heavy package for transport by sea or inland waterway from any place in india shall have marked thereon plainly, durably and conspicuously the gross weight of the packages: provided that in cases or circumstances specified by rules made under this act where it is difficult to determine the correct weight, only the approximate weight may be so marked.

section 9. of the marking of heavy packages act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 7. of the marking of heavy packages act : 1 where the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceed against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals, and b director, in relation to a firm, means a partner in the firm.

section 4. of the marking of heavy packages act : 14. inspectors.1 the central government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act and assign to each of them one or more areas to be specified in the notification, or to two or more of them the same area to be so specified. 2 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 29 of , s. 2, for sections 4 and 5.

section 5. of the marking of heavy packages act : 15. powers of inspectors.subject to any rules made by the central government in this behalf, an inspector appointed under subsection 1 of section 4 may a enter, with such assistants as he considers necessary, and inspect any place or vessel and examine any packages found therein b if, on such examination, any heavy package is found not to have been marked in accordance with the provisions of section 3, direct that the package shall not be transported by sea or inland waterway until it has been marked in accordance with those provisions: provided that, instead of issuing any direction as aforesaid, the inspector may himself cause the package to be marked in accordance with the provisions of section 3 and in any such case, the expenses incurred by him for such marking shall be recoverable as an arrear of land revenue from the person consigning the package for transport. 1. subs. by act 29 of , s. 2, for sections 4 and 5.

section 6. of the marking of heavy packages act : 1 if any person contravenes a the provisions of section 3, or b any direction given by an inspector under clause b of section 5, he shall be punishable with fine which may extend to five hundred rupees. 2 if any person wilfully obstructs an inspector in the exercise of his powers under this act, he shall be punishable with fine which may extend to two hundred rupees.

section 10. of the marking of heavy packages act : 1 the central government may, by notification in the official gazette, make rules providing for a the conditions as to the manner of marking of heavy packages, the manner of their packing and the type of covering to be used b the cases or circumstances in which the approximate weight of heavy packages instead of their correct weight may be marked c any other matter which has to be, or may be, provided for by rules. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the press council act : 1 for the purpose of performing its functions under this act, the council may constitute from among its members such committees for general or special purposes as it may deem necessary and every committee so constituted shall perform such functions as are assigned to it by the council. 2 the council shall have the power to coopt as members of any committee constituted under subsection 1 such other number of persons, not being members of the council, as it thinks fit. 3 any such member shall have the right to attend any meeting of the committee on which he is so coopted and to take part in the discussions thereat, but shall not have the right to vote and shall not be a member for any other purpose.

section 1. of the press council act : show related subordinates 1 this act may be called the press council act, . 2 it extends to the whole of india.

section 3. of the press council act : any reference in this act to a law which is not in force in the state of 1 sikkim shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state. state amendment union territory of jammu and kashmir and ladakh section 3.omit jammu and kashmir or. vide jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. the words jammu and kashmir or omitted by omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e dated . . now applicable to the union territory of jammu and kashmir and the union territory of ladakh by the notification of government of india, m/o home affairs vide no. s.o. e, dated 30th october, w.e.f. .

section 7. of the press council act : 1 the chairman shall be a wholetime officer and shall be paid such salary as the central government may think fit and the other members shall receive such allowances of fees for attending the meetings of the council, as may be prescribed. 2 subject to the provisions of subsection 1, the conditions of service of members shall be such as may be prescribed. 3 it is hereby declared that the office of a member of the council shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament.

section 2. of the press council act : in this act, unless the context otherwise requires, a chairman means the chairman of the council b council means the press council of india established under section 4 c member means a member of the council and includes its chairman d prescribed means prescribed by rules made under this act e the expressions editor and newspaper have the meanings respectively assigned to them in the press and registration of books act, 25 of , and the expression working journalist has the meaning assigned to it in the working journalists and other newspaper employees conditions of service and miscellaneous provisions act, 45 of .

section 4. of the press council act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a council by the name of the press council of india. 2 the said council shall be a body corporate having perptual succession and a common seal and shall by the said name sue and be sued.

section 6. of the press council act : 1 save as otherwise provided in this section, the chairman and other members shall hold office for a period of three years: provided that the chairman shall continue to hold such office until the council is reconstituted in accordance with the provisions of section 5 or for a period of six months whichever is earlier. 2 where a person nominated as a member under clause a, clause b or clause c of subsection 3 of section 5 is censured under the provisions of subsection 1 of section 14, he shall cease to be a member of the council. 3 the term of office of a member nominated under clause e of subsection 3 of section 5 shall come to an end as soon as he ceases to be a member of the house from which he was nominated. 4 a member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the council, from three consecutive meetings of the council. 5 the chairman may resign his office by giving notice in writing to the central government, and any other member may resign his office by giving notice in writing to the chairman, and upon such resignation being accepted by the central government, or as the case may be, the chairman or the member shall be deemed to have vacated his office. 6 any vacancy arising under subsection 2, subsection 3, subsection 4 or subsection 5 or otherwise shall be filled, as soon as may be, by nomination in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period in which the member in whose place he is nominated would have held office. 7 a retiring member shall be eligible for renomination for not more than one term.

section 5. of the press council act : 1 the council shall consist of a chairman and twentyeight other members. 2 the chairman shall be a person nominated by a committee consisting of the chairman of the council of states rajya sabha, the speaker of the house of the people lok sabha and a person elected by the members of the council under subsection 6 and the nomination so made shall take effect from the date on which it is notified by the central government in the official gazette. 3 of the other members a thirteen shall be nominated in accordance with such procedure as may be prescribed from among the working journalists, of whom six shall be editors of newspapers and the remaining seven shall be working journalists other than editors so, however, that the number of such editors and working journalists other than editors in relation newspapers published in indian languages shall be not less than three and four respectively b six shall be nominated in accordance with such procedure as may be prescribed from among persons who own or carry on the business of management of newspapers, so, however, that there shall be two representatives from each of the categories of big newspapers, medium newspapers and small newspapers c one shall nominated in accordance with such procedure as may be prescribed from among persons who manage news agencies d three shall be persons having special knowledge or practical experience in respect of education and science, law, and literature and culture of whom respectively one shall be nominated by the university grants commission, one by the bar council of india and one by the sahitya academy e five shall be members of parliament of whom three shall be nominated by the speaker from among the members of the house of the people lok sabha and two shall be nominated by the chairman of the council of states rajya sabha from among its members: provided that no working journalist who owns, or carries on the business of management of, any newspaper shall eligible for nomination under clause a: provided further that the nominations under clause a and clause b shall be so made that among the persons nominated there is not more than one person interested in any newspaper or group of newspapers under the same control of management. 1explanation.for the purposes of clause b, a newspaper shall be deemed to be categorised as big, medium or small newspaper on the basis of its circulation per issue, as the central government may, by notification in the official gazette, notify from time to time. 4 before making any nomination under clause a, clause b or clause c subsection 3, the central government in the case of the first council and the retiring chairman of the previous council in the case of any subsequent council shall, in the prescribed manner, invite panels of names comprising twice the number of members to be nominated from such associations of persons of the categories referred to in the said clause a, clause b or clause c as may be notified in this behalf by the central government in the case of the first council and by the council itself in the case of subsequent councils: provided that where there is no association of persons of the category referred to in the said clause c, the panels of names shall be invited from such news agencies as may be notified as aforesaid. 5 the central government shall notify the names of persons nominated as members under subsection 3 in the official gazette and every such nomination shall take effect from the date on which it is notified. 6 the members of the council notified under subsection 5 shall elect from among themselves in accordance with such procedure as may be prescribed, a person to be a member of the committee referred to in subsection 2 and a meeting of the members of the council for the purpose of such election shall be prescribed over by a person chosen from among themselves. 1 . subs. by act 36 of , s. 2, for the explanation w.e.f. .

section 9. of the press council act : the council or any committee thereof shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this act.

section 10. of the press council act : no act or proceeding of the council shall be deemed to be invalid by reason merely of the existence of any vacancy in, or any defect in the constitution of, the council.

section 11. of the press council act : 1 subject to such rules as may be made by the central government in this behalf, the council may appoint a secretary and such other employees as it may think necessary for the efficient performance of its functions under this act. 2 the terms and conditions of service of the employees shall be such as may be determined by regulations.

section 16. of the press council act : 1 the council may, for the purpose of performing its functions under this act, levy such fees, at such rates and in such manner, as may be prescribed, from registered newspapers and news agencies and different rates may be prescribed for different newspapers having regard to their circulation and other matters. 2 any fees payable to the council under subsection 1 may be recovered as an arrear of land revenue.

section 18. of the press council act : 1 the council shall have its own fund, and the fees collected by it, all such sums as may, from time to time, be paid to it by the central government and all grants and advances made to it by any other authority or person shall be credited to the fund and all payments by the council shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the council. 3 the council may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the council.

section 12. of the press council act : all orders and decisions of the council shall be authenticated by the signature of the chairman or any other member authorised by the council in this behalf and other instruments issued by the council shall be authenticated by the signature of the secretary or any other officer of the council authorised in like manner in this behalf.

section 13. of the press council act : 1 the objects of the council shall be to preserve the freedom of the press and to maintain and improve the standards of newspapers and news agencies in india. 2 the council may, in furtherance of its objects, perform the following functions, namely: a to help newspapers and news agencies to maintain their independence b to build up a code of conduct for newspapers, news agencies and journalists in accordance with high professional standards c to ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship d to encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism e to keep under review any development likely to restrict the supply and dissemination of news of public interest and importance f to keep under review cases of assistance received by any newspaper or news agency in india from any foreign source including such cases as are referred to it by the central government or are brought to its notice by any individual, association of persons or any other organisation: provided that nothing in this clause shall preclude the central government from dealing with any case of assistance received by a newspaper or news agency in india from any foreign source in any other manner it thinks fit g to undertake studies of foreign newspapers, including those brought out by any embassy or other representatives in india of a foreign state, their circulation and impact. explanation. for the purposes of this clause, the expression foreign state has the meaning assigned to it in section 87a of the code of civil procedure, 5 of h to promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in news agencies: provided that nothing in this clause shall be deemed to confer on the council any functions in regard to disputes to which the industrial disputes act, 14 of , applies i to concern itself developments such as concentration of or other aspects of ownership of newspapers and news agencies which may affect the independence of the press j to undertake such studies as may be entrusted to the council and to express its opinion in regard to any matter referred to it by the central government k to do such other acts as may be incidental or conductive to the discharge of the above functions.

section 14. of the press council act : 1 where, on receipt of a complaint made to it or otherwise, the council has reason to believe that a newspaper or news agency has offended against the standards or journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct, the council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be: provided that the council may not take cognizance of a compliant if in the opinion of the chairman, there is no sufficient ground for holding an inquiry. 2 if the council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein in such manner as the council thinks fit, any particulars relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. 3 nothing in subsection 1 shall be deemed to empower the council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. 4 the decision of the council under subsection 1, or subsection 2, as the case may be, shall be final and shall not be questioned in any court of law.

section 15. of the press council act : 1 for the purpose of performing its functions or holding any inquiry under this act, the council shall have the same powers throughout india as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and inspection of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commissions for the examination of witnesses or documents and f any other matter, which may be prescribed. 2 nothing in subsection 1 shall be deemed to compel any newspaper, news agency, editor or journalist to disclose the source of any news or information published by that newspaper or received or reported by that news agency, editor or journalist. 3 every inquiry held by the council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of . 4 the council may, if it considers it necessary for the purpose of carrying out its objects or for the performance of any of its functions under this act, make such observations, as it may think fit, in any of its decisions or reports, respecting the conduct of any authority, including government.

section 20. of the press council act : the council shall prepare once every year, in such form and at such time as may be prescribed, an annual report, giving a summary of its activities during the previous year, and giving an account of the standards of newspapers and news agencies and factors affecting them, and copies thereof, together with the statement of accounts audited in the manner prescribed under section 22 shall be forwarded to the central government and the government shall cause the same to be laid before both houses of parliament.

section 17. of the press council act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the council by way of grants such sums of money as the central government may consider necessary for the performance of the functions of the council under this act.

section 19. of the press council act : the council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 21. of the press council act : without prejudice to the provisions of section 20, the council may prepare at any time during the course of a year, a report giving a summary of such of its activities during the year as it considers to be of public importance and copies thereof shall be forwarded to the central government and the government shall cause the same to be laid before both houses of parliament.

section 22. of the press council act : the accounts of the council shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed.

section 27. of the press council act : amendment of act 25 of . rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f. .

section 23. of the press council act : 1 no suit or other legal proceeding shall lie against the council or any member thereof or any person acting under the direction of the council in respect of anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against any newspaper in respect of the publication of any matter therein under the authority of the council.

section 24., to be public servants. of the press council act : every member of the council and every officer or other employee appointed by the council shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 25. of the press council act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act: provided that when the council has been established, no such rules shall be made without consulting the council. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure for nomination of members of the council under clauses a, b and c of subsection 3 of section 5 b the manner in which panels of names may be invited under subsection 4 of section 5 c the procedure for election of a member of the committee referred to in subsection 2 of section 5 under subsection 6 of that section d the allowances of fees to be paid to the members of the council for attending the meetings of the council, and other conditions of service of such members under subsection 1 and 2 of section 7 e the appointment of the secretary and other employees of the council under section 11 f the matters referred to in clause f of subsection 1 of section 15 g the rates at which fees may be levied by the council under section 16 and the manner in which such fees may be levied h the form in which, and the time within which, the budget and annual report are to be prepared by the council under sections 19 and 20 respectively i the manner in which the accounts of the council are to be maintained and audited under section 22. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 26. of the press council act : show related subordinates 11 the council may 2by notification in the official gazette make regulations not inconsistent with this act thereof and the rules made thereunder, for a regulating the meetings of the council or any committee thereof and the procedure for conducting the business thereat under section 9 b specifying the terms and conditions of service of the employees, appointed by the council, under subsection 2 of section 11 c regulating the manner of holding any inquiry under this act d delegating to the chairman or the secretary of the council, subject to such conditions as it may think fit to impose, any of its powers under subsection 3 of section 18 e any other matter for which provision may be made by regulations under this act: provided that the regulations made under clause b shall be made only with the prior approval of the central government. 22 the central government shall cause every regulation made under this act to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. section 26 renumbered as subsection 1 thereof by act 20 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 8. of the government of national capital territory of delhi act : 1 at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside and the provisions of subsection 4 of section 7 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent. 2 the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly and shall, notwithstanding anything in section 13, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

section 1. of the government of national capital territory of delhi act : 1 this act may be called the government of national capital territory of delhi act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st february, ss. 2, 3, 38, 39, 40 and 53, vide notification no. s.o. 97e, dated 31st january, , see gazette of india, extraordinary, part ii, sec. 3 . 2nd october, ss. 4 to 37 both inclusive, 43 to 45 both inclusive, 49 to 52 both inclusive, 54 and 55, vide notification no. s.o. 735e, dated 30th september, , see gazette of india, extraordinary, part ii, sec. 3ii. 25th november, ss 46, 47 and 48, vide notification no. s.o. 894e, dated 25th november, , see gazette of india, extraordinary, part ii, sec. 3ii. 29th november, s. 56, vide notification no. s.o. 910e, dated 29th november, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the government of national capital territory of delhi act : in this act, unless the context otherwise requires, a article means an article of the constitution b assembly constituency means a constituency provided under this act for the purpose of elections to the legislative assembly c capital means the national capital territory of delhi d election commission means the election commission referred to in article 324 e legislative assembly means the legislative assembly of the national capital territory of delhi f scheduled castes, in relation to the capital, means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to the capital.

section 3. of the government of national capital territory of delhi act : 1 the total number of seats in the legislative assembly to be filled by persons chosen by direct election from territorial constituencies shall be seventy. 2 for the purpose of elections to the legislative assembly, the capital shall be divided into singlemember assembly constituencies in accordance with the provisions of part iii in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the capital. 3 seats shall be reserved for the scheduled castes in the legislative assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the assembly as the population of the scheduled castes in the capital bears to the total population of the capital and the provisions of article 334 shall apply to such reservation. explanation.in this section, the expression population means the population as ascertained in the last preceding census of which the relevant figures have been published: 1 provided that the reference in this explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year have been published, be construed as a reference to the census: 2 provided further that any readjustment in the division of the capital into territorial constituencies by the delimitation commission under the delimitation act, 33 of on the basis of census shall take effect from such date as the central government may, by order, published in the official gazette, specify and until such readjustment takes effect, any election to the legislative assembly may be held on the basis of the territorial constituencies existing before such readjustment. 1. subs. by act 19 of , s. 5, for the proviso w.e.f. . 2. ins. by act 5 of , s. 3 w.e.f. .

section 7. of the government of national capital territory of delhi act : 1 the legislative assembly shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker become vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be. 2 a member holding office as speaker or deputy speaker of the legislative assembly a shall vacate his office if he ceases to be a member of the assembly b may, at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office and c may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause c shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: provided further that whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution. 3 while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly. 4 during the absence of the speaker from any sitting of the assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the assembly, shall act as speaker. 5 there shall be paid to the speaker and the deputy speaker of the legislative assembly such salaries and allowances as may be respectively fixed by the legislative assembly by law and, until provision in that behalf is so made, such salaries and allowances as the lieutenant governor may, with the approval of the president, by order determine.

section 10. of the government of national capital territory of delhi act : 1 at the commencement of the first session after each general election to the legislative assembly and at the commencement of the first session of each year, the lieutenant governor shall address the legislative assembly and inform it of the causes of its summons. 2 provision shall be made by rules to be made by the assembly regulating its procedure for the allotment of time for discussion of the matters referred to in such address.

section 4. of the government of national capital territory of delhi act : a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he a is a citizen of india and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the schedule b is not less than twentyfive years of age and c possesses such other qualifications as may be prescribed in that behalf by or under any law made by parliament.

section 6. of the government of national capital territory of delhi act : 1 the lieutenant governor shall, from time to time, summon the legislative assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. 2 the lieutenant governor may, from time to time, a prorogue the assembly b dissolve the assembly.

section 11. of the government of national capital territory of delhi act : every minister shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.

section 5. of the government of national capital territory of delhi act : the legislative assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the assembly: provided that the said period may, while a proclamation of emergency issued under clause 1 of article 352 is in operation, be extended by the president by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate.

section 13. of the government of national capital territory of delhi act : 1 save as otherwise provided in this act, all questions at any sitting of the legislative assembly shall be determined by a majority of votes of the members present and voting other than the speaker or person acting as such. 2 the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. 3 the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings. 4 the quorum to constitute a meeting of the legislative assembly shall be onethird of the total number of members of the assembly. 5 if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum.

section 9. of the government of national capital territory of delhi act : 1 the lieutenant governor may address the legislative assembly and for that purpose require the attendance of members. 2 the lieutenant governor may send messages to the assembly whether with respect to a bill then pending in the assembly or otherwise, and when a message is so sent, the assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

section 12. of the government of national capital territory of delhi act : every member of the legislative assembly shall, before taking his seat, make and subscribe before the lieutenant governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the schedule.

section 14. of the government of national capital territory of delhi act : 1 no person shall be a member both of parliament and of the legislative assembly and if a person is chosen a member both of parliament and of such assembly, then, at the expiration of such period as is specified in or under the representation of the people act, 43 of and the rules made by the president under clause 2 of article 101 and clause 2 of article 190, that persons seat in parliament shall become vacant, unless he has previously resigned his seat in the legislative assembly. 2 if a member of the legislative assembly a becomes subject to any disqualification mentioned in section 15 or section 16 for membership of the assembly, or b resigns his seat by writing under his hand addressed to the speaker and his resignation is accepted by the speaker, his seat shall thereupon become vacant: provided that in the case of any resignation referred to in clause b, if from the information received or otherwise and after making such inquiry as he thinks fit, the speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation. 3 if for a period of sixty days a member of the legislative assembly is without permission of the assembly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days

section 15. of the government of national capital territory of delhi act : show related subordinates 1 a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly a if he holds any office of profit under the government of india or the government of any state or the government of any union territory other than an office declared by law made by parliament or by the legislature of any state or by the legislative assembly of the capital or of any other union territory not to disqualify its holder or b if he is for the time being disqualified for being chosen as, and for being, a member of either house of parliament under the provisions of subclause b, subclause c or subclause d of clause 1 of article 102 or of any law made in pursuance of that article. 2 for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of any union territory by reason only that he is a minister either for the union or for such state or union territory 3 if any question arises as to whether a member of the legislative assembly has become disqualified for being such a member under the provisions of subsection 1, the question shall be referred for the decision of the president and his decision shall be final. 4 before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion.

section 20. of the government of national capital territory of delhi act : the property of the union shall, save in so far as parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the legislative assembly or by or under any other law in force in the capital: provided that nothing in this section shall, until parliament by law otherwise provides, prevent any authority within the capital from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as that tax continues to be levied in the capital.

section 16. of the government of national capital territory of delhi act : the provisions of the tenth schedule to the constitution shall, subject to the necessary modifications including modifications for construing references therein to the legislative assembly of a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly, section 12, section 18 and section 37 of this act, apply to and in relation to the members of the legislative assembly as they apply to and in relation to the members of the legislative assembly of a state, and accordingly: a the said tenth schedule as so modified shall be deemed to form part of this act and b a person shall be disqualified for being a member of the legislative assembly if he is so disqualified under the said tenth schedule as so modified.

section 17. of the government of national capital territory of delhi act : if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 12 or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union.

section 22. of the government of national capital territory of delhi act : 1 a bill or amendment shall not be introduced into, or moved in, the legislative assembly except on the recommendation of the lieutenant governor, if such bill or amendment makes provision for any of the following matters, namely: a the imposition, abolition, remission, alteration or regulation of any tax b the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of the capital c the appropriation of moneys out of the consolidated fund of the capital d the declaring of any expenditure to be expenditure charged on the consolidated fund of the capital or the increasing of the amount of any such expenditure 1 e the receipt of money on account of the consolidated fund of the capital or the public account of the capital or the custody or issue of such money or the audit of the accounts of the capital: provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax. 2 a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 3 a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of the capital shall not be passed by the legislative assembly unless the lieutenant governor has recommended to that assembly the consideration of the bill. 1. subs. by act 38 of , s. 6, for clause e w.e.f..

section 19. of the government of national capital territory of delhi act : members of the legislative assembly shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislative assembly by law and until provision in that behalf is so made, such salaries and allowances as the lieutenant governor may, with the approval of the president, by order determine.

section 21. of the government of national capital territory of delhi act : passed by the legislative assembly with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the legislature of a state with respect to those matters. 2 the provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the legislative assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the legislature of a state with respect to those matters. 13 the expression government referred to in any law to be made by the legislative assembly shall mean the lieutenant governor. 1. ins. by act 15 of , s. 2 w.e.f. .

section 18., of members. of the government of national capital territory of delhi act : 1 subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislative assembly, there shall be freedom of speech in the legislative assembly. 2 no member of the legislative assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of such assembly of any report, paper, votes or proceedings. 3 in other respects, the powers, privileges and immunities of the legislative assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees. 4 the provisions of subsections 1, 2 and 3 shall apply in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly or any committee thereof as they apply in relation to members of that assembly.

section 23. of the government of national capital territory of delhi act : 1 a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly. 2 a bill which is pending in the legislative assembly shall lapse on a dissolution of the assembly.

section 24. of the government of national capital territory of delhi act : show related subordinates when a bill has been passed by the legislative assembly, it shall be presented to the lieutenant governor and the lieutenant governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president: provided that the lieutenant governor may, as soon as possible after the presentation of the bill to him for assent, return the bill if it is not a money bill together with a message requesting that the assembly will consider the bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the assembly will reconsider the bill accordingly, and if the bill is passed again with or without amendment and presented to the lieutenant governor for assent, the lieutenant governor shall declare either that he assents to the bill or that he reserves the bill for the consideration of the president: provided further that the lieutenant governor shall not assent to, but shall reserve for the consideration of the president, any bill which, a in the opinion of the lieutenant governor would, if it became law, so derogate from the powers of the high court as to endanger the position which that court is, by the constitution, designed to fill or b the president may, by order, direct to be reserved for his consideration or c relates to matters referred to in subsection 5 of section 7 or section 19 or section 34 or subsection 3 of 1section 43 or 2d incidentally covers any of the matters which falls outside the purview of the powers conferred on the legislative assembly. explanation.for the purposes of this section and section 25, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in subsection 1 of section 22 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill. 1. subs. by act 15 of , s. 3, for section 43 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. .

section 30. of the government of national capital territory of delhi act : 1 the lieutenant governor shall, a if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or b if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the legislative assembly, with the previous sanction of the president, another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly with such previous sanction a demand for such excess, as the case may be. 2 the provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of the capital to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the capital to meet such expenditure or grant.

section 25. of the government of national capital territory of delhi act : when a bill is reserved by the lieutenant governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom: provided that where the bill is not a money bill, the president may direct the lieutenant governor to return the bill to the legislative assembly together with such a message as is mentioned in the first proviso to section 24 and, when a bill is so returned, the assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the assembly with or without amendment, it shall be presented again to the president for his consideration.

section 26. of the government of national capital territory of delhi act : no act of the legislative assembly, and no provision in any such act, shall be invalid by reason only that some previous sanction or recommendation required by this act was not given, if assent to that act was given by the lieutenant governor, or, on being reserved by the lieutenant governor for the consideration of the president, by the president.

section 32. of the government of national capital territory of delhi act : notwithstanding anything in the foregoing provisions of this part, the lieutenant governor may authorise such expenditure from the consolidated fund of the capital as he deems necessary for a period of not more than six months beginning with the date of the constitution of the consolidated fund of the capital, pending the sanction of such expenditure by the legislative assembly.

section 27. of the government of national capital territory of delhi act : 1 the lieutenant governor shall in respect of every financial year cause to be laid before the legislative assembly, with the previous sanction of the president, a statement of the estimated receipts and expenditure of the capital for that year, in this part referred to as the annual financial statement. 2 the estimates of expenditure embodied in the annual financial statement shall show separately a the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of the capital and b the sums required to meet other expenditure proposed to be made from the consolidated fund of the capital, and shall distinguish expenditure on revenue account from other expenditure. 3 notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the consolidated fund of the capital: a the emoluments and allowances of the lieutenant governor and other expenditure relating to his office as determined by the president by general or special order b the charges payable in respect of loans advanced to the capital from the consolidated fund of india including interest, sinking fund charges and redemption charges, and other expenditure connected therewith c the salaries and allowances of the speaker and the deputy speaker of the legislative assembly d expenditure in respect of the salaries and allowances of judges of the high court of delhi e any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal f any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly to be so charged.

section 29. of the government of national capital territory of delhi act : 1 as soon as may be after the grants under section 28 have been made by the legislative assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the capital of all moneys required to meet a the grants so made by the assembly, and b the expenditure charged on the consolidated fund of the capital but not exceeding in any case the amount shown in the statement previously laid before the assembly. 2 no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the capital and the decision of the person presiding as to whether an amendment is inadmissible under this subsection shall be final. 3 subject to the other provisions of this act, no money shall be withdrawn from the consolidated fund of the capital except under appropriation made by law passed in accordance with the provisions of this section.

section 28. of the government of national capital territory of delhi act : 1 so much of the estimates as relates to expenditure charged upon the consolidated fund of the capital shall not be submitted to the vote of the legislative assembly, but nothing in this subsection shall be construed as preventing the discussion in the legislative assembly of any of those estimates. 2 so, much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. 3 no demand for a grant shall be made except on the recommendation of the lieutenant governor.

section 31. of the government of national capital territory of delhi act : 1 notwithstanding anything in the foregoing provisions of this part, the legislative assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the provisions of section 29 in relation to that expenditure and the legislative assembly shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the capital for the purposes for which the said grant is made. 2 the provisions of sections 28 and 29 shall have effect in relation to the making of any grant under subsection 1 or to any law to be made under that subsection as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys, out of the consolidated fund of the capital to meet such expenditure.

section 33. of the government of national capital territory of delhi act : show related subordinates the legislative assembly may make rules for regulating, subject to the provisions of this act, its procedure and the conduct of its business 1which shall not be inconsistent with rules of procedure and conduct of business in house of the people: 2provided that the legislative assembly shall not make any rule to enable itself or its committees to consider the matters of daytoday administration of the capital or conduct inquiries in relation to the administrative decisions, and any of the rule made in contravention of this proviso, before the commencement of the government of national capital territory of delhi amendment act, , shall be void: provided further that the lieutenant governor shall, after consultation with the speaker of the legislative assembly and with the approval of the president, make rules a for securing the timely completion of financial business b for regulating the procedure of, and the conduct of business in, the legislative assembly in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of the capital c for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the lieutenant governor in so far as he is required by or under this act or any law to act in his discretion. 2 until rules are made under subsection 1, the rules of procedure and standing orders with respect to the legislative assembly of the state of uttar pradesh in force immediately before the commencement of this act shall have effect in relation to the legislative assembly subject to such modifications and adaptations as may be made therein by the lieutenant governor. 1. ins. by act 15 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid., for provided that w.e.f. .

section 34. of the government of national capital territory of delhi act : 1 the legislative assembly may by law adopt any one or more of the languages in use in the capital or hindi as the official language or languages to be used for all or any of the official purposes of the capital: provided that the president may by order direct i that the official language of the union shall be adopted for such of the official purposes of the capital as may be specified in the order ii that any other language shall also be adopted throughout the capital or such part thereof for such of the official purposes of the capital as may be specified in the order, if the president is satisfied that a substantial proportion of the population of the capital desires the use of that other language for all or any of such purposes. 2 the business in the legislative assembly shall be transacted in the official language or languages of the capital or in hindi or in english: provided that the speaker of the legislative assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the assembly in his mothertongue.

section 35. of the government of national capital territory of delhi act : notwithstanding anything contained in section 34, until parliament by law otherwise provides, the authoritative texts a of all bills to be introduced or amendments thereto to be moved in the legislative assembly b of all acts passed by the legislative assembly and c of all orders, rules, regulations and byelaws issued under any law made by the legislative assembly, shall be in the english language: provided that where the legislative assembly has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislative assembly or in any order, rule, regulation or byelaw issued under any law made by the legislative assembly, a translation of the same in the english language published under the authority, of the lieutenant governor in the official gazette shall be deemed to be the authoritative text thereof in the english language.

section 36. of the government of national capital territory of delhi act : no discussion shall take place in the legislative assembly with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties.

section 37. of the government of national capital territory of delhi act : 1 the validity of any proceedings in the legislative assembly shall not be called in question on the ground of any alleged irregularity of procedure. 2 no officer or member of the legislative assembly in whom powers are vested by or under this act for regulating procedure or the conduct of business, or for maintaining order in the legislative assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

section 38. of the government of national capital territory of delhi act : 1 the election commission shall, in the manner herein provided, distribute the seats assigned to the legislative assembly under section 3 to singlemember territorial constituencies and delimit them having regard to the following provisions, namely: a all constituencies shall, as far as practicable, be delimited in such manner that the ratio between the population of each of such constituencies and the total population of the capital is the same and b constituencies in which seats are reserved for the scheduled castes shall, as far as practicable, be located in areas where the proportion of their population to the total population is comparatively large. 2 the election commission shall a publish its proposals for the delimitation of constituencies in the official gazette and also in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.

section 39. of the government of national capital territory of delhi act : the election commission may, from time to time, by notification in the official gazette, a correct any printing mistakes in any order made under section 38 or any error arising therein from inadvertent slip or omission and b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate.

section 40. of the government of national capital territory of delhi act : 1 for the purpose of constituting the legislative assembly, a general election will be held as soon as may be, after the delimitation of all the assembly constituencies under section 38. 2 for the purposes of subsection 1, the lieutenant governor shall, by one or more notifications published in the official gazette, call upon all the said assembly constituencies to elect members in accordance with the provisions of the representation of the people act, 43 of , and of the rules and orders made or issued thereunder as applicable under subsection 3. 3 the representation of the people act, 43 of , the representation of the people act, 43 of , the rules and orders made or issued under the said acts and all other laws for the time being in force relating to elections shall apply with necessary modifications including modifications for construing references therein to a state, state government and governor as including references to the capital, government of the capital and lieutenant governor, respectively to, and in relation to, the general election referred to in subsection 1.

section 41. of the government of national capital territory of delhi act : 1 the lieutenant governor shall act in his discretion in a matter i which falls outside the purview of the powers conferred on the legislative assembly but in respect of which powers or functions are entrusted or delegated to him by the president or ii in which he is required by or under any law to act in his discretion or to exercise any judicial or quasijudicial functions. 2 if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is by or under any law required to act in his discretion, the decision of the lieutenant governor thereon shall be final. 3 if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is required by any law to exercise any judicial or quasijudicial functions, the decision of the lieutenant governor thereon shall be final.

section 42. of the government of national capital territory of delhi act : the question whether any, and if so what, advice was tendered by ministers to the lieutenant governor shall not be inquired into in any court.

section 43. of the government of national capital territory of delhi act : 1 before a minister enters upon his office, the lieutenant governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the schedule. 2 a minister who, for any period of six consecutive months, is not a member of the legislative assembly shall, at the expiration of that period, cease to be a minister. 3 the salaries and allowances of ministers shall be such as the legislative assembly may from time to time by law determine and until the legislative assembly so determines, shall be determined by the lieutenant governor with the approval of the president.

section 47. of the government of national capital territory of delhi act : 1 there shall be established a contingency fund in the nature of an imprest to be entitled the contingency fund of the national capital territory of delhi into which shall be paid from and out of the consolidated fund of the capital such sums as may, from time to time, be determined by law made by the legislative assembly and the said fund shall be held by the lieutenant governor to enable advances to be made by him out of such fund. 2 no advances shall be made out of the contingency fund referred to in subsection 1 except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislative assembly under appropriations made by law. 3 the lieutenant governor may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the aforesaid contingency fund.

section 44. of the government of national capital territory of delhi act : show related subordinates 1 the president shall make rules a for the allocation of business to the ministers in so far as it is business with respect to which the lieutenant governor is required to act on the aid and advice of his council of ministers and b for the more convenient transaction of business with the ministers, including the procedure to be adopted in the case of a difference of opinion between the lieutenant governor and the council of ministers or a minister. 2 save as otherwise provided in this act, all executive action of the lieutenant governor whether taken on the advice of his ministers or otherwise shall be expressed to be taken in the name of the lieutenant governor. 1provided that before taking any executive action in pursuance of the decision of the council of ministers or a minister, to exercise powers of government, state government, appropriate government, lieutenant governor, administrator or chief commissioner, as the case may be, under any law in force in the capital, the opinion of lieutenant governor in term of proviso to clause 4 of article 239aa of the constitution shall be obtained on all such matters as may be specified, by a general or special order, by lieutenant governor. 3 orders and other instruments made and executed in the name of the lieutenant governor shall be authenticated in such manner as may be specified in rules to be made by the lieutenant governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the lieutenant governor. 1. ins. by act 15 of , s. 5 w.e.f. .

section 45. of the government of national capital territory of delhi act : it shall be the duty of the chief minister a to communicate to the lieutenant governor all decisions of the council of ministers relating to the administration of the affairs of the capital and proposals for legislation b to furnish such information relating to the administration of the affairs of the capital and proposals for legislation as lieutenant governor may call for and c if the lieutenant governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

section 47b. of the government of national capital territory of delhi act : the accounts of the capital shall be kept in such form as the lieutenant governor may, after obtaining advice of the comptroller and auditorgeneral of india and with the approval of the president, prescribe by rules.

section 46. of the government of national capital territory of delhi act : 1 as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all revenues received in the capital by the government of india or the lieutenant governor in relation to any matter with respect to which the legislative assembly has power to make laws, and all grants made and 1 all loans advanced to the capital from the consolidated fund of india and all loans raised by the government of india or by the lieutenant governor upon the security of the consolidated fund of the capital and all moneys received by the capital in repayment of loans shall form one consolidated fund to be entitled the consolidated fund of the national capital territory of delhi referred to in this act as the consolidated fund of the capital. 2 no moneys out of the consolidated fund of the capital shall be appropriated except in accordance with and for the purposes and in the manner provided in this act. 3 the custody of the consolidated fund of the capital, the payment of moneys into such fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the lieutenant governor with the approval of the president. 1. subs. by act 38 of , s. 7, for all loans advanced to the capital from the consolidated fund of india w.e.f. .

section 46a. of the government of national capital territory of delhi act : 1 46a. public account of the capital and moneys credited to it.1 as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all other public moneys received by or on behalf of the lieutenant governor shall be credited to a public account entitled the public account of the capital. 2 the custody of public moneys, other than those credited to the consolidated fund of the capital or the contingency fund of the national capital territory of delhi, received by or on behalf of the lieutenant governor, their payment into the public account of the capital and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by rules made by the lieutenant governor with the approval of the president. 1. ins. by act 38 of , s. 8 w.e.f. .

section 47a. of the government of national capital territory of delhi act : 1 47a. borrowing upon the security of the consolidated fund of the capital.1 the executive power of the union extends to borrowing upon the security of the consolidated fund of the capital, within such limits, if any, as may from time to time be fixed by parliament by law and to the giving of guarantee within such limits, if any, as may be so fixed: provided that the powers exercisable by the government of india under this subsection shall also be exercisable by the lieutenant governor subject to such conditions, if any, as the government of india may think fit to impose. 2 any sums required for the purpose of invoking a guarantee shall be charged on the consolidated fund of the capital. 7. ins. by s. 9, ibid. w.e.f. .

section 48. of the government of national capital territory of delhi act : the reports of the comptroller and auditorgeneral of india relating to the accounts of the capital for any period subsequent to the date referred to in subsection 1 of section 46 shall be submitted to the lieutenant governor who shall cause them to be laid before the legislative assembly.

section 49. of the government of national capital territory of delhi act : notwithstanding anything in this act, the lieutenant governor and his council of ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the president.

section 51. of the government of national capital territory of delhi act : where the legislative assembly is dissolved or its functioning as such assembly remains suspended, on account of an order made by the president under article 239ab, it shall be competent for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of the capital pending the sanction of such expenditure by parliament.

section 55. of the government of national capital territory of delhi act : amendment of section 27a of act 43 of .rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 50. of the government of national capital territory of delhi act : 1 every order made by the president under article 239ab shall expire at the end of one year from the date of issue of the order and the provisions of clauses 2 and 3 of article 356 shall, so far as may be, apply to such order as they apply to a proclamation issued under clause 1 of article 356. 2 notwithstanding anything contained in subsection 1, the president may extend the duration of the aforesaid order for a further period not exceeding two years from the date of expiry of the order under subsection 1 subject to the condition that every extension of the said order for any period beyond the expiration of one year shall be approved by resolutions of both houses of parliament.

section 52. of the government of national capital territory of delhi act : for the removal of doubts it is hereby declared that a all contracts in connection with the administration of the capital are contracts made in the exercise of the executive power of the union and b all suits and proceedings in connection with the administration of the capital shall be instituted by or against the government of india.

section 56.repeal of act 19 of of the government of national capital territory of delhi act : the delhi administration act, is hereby repealed.

section 53. of the government of national capital territory of delhi act : 1 if any difficulty arises in relation to the transition from the provisions of any law repealed by this act or in giving effect to the provisions of this act and in particular in relation to the constitution of the legislative assembly, the president may by order do anything not inconsistent with the provisions of the constitution or of this act which appear to him to be necessary or expedient for the purpose of removing the difficulty: provided that no order under this subsection shall be made after the expiry of the three years from the date of constitution of the first legislative assembly. 2 every order made under subsection 1 shall be laid before each house of parliament.

section 54. of the government of national capital territory of delhi act : every rule made by the lieutenant governor under this act shall be laid, as soon as it is made, before the legislative assembly.

section 7. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 7. issue of security by raising of receipts or funds by 1asset reconstruction company.1 without prejudice to the provisions contained in the companies act, 1 of , the securities contracts regulation act, 42 of and the securities and exchange board of india act, 15 of , any 1asset reconstruction company, may, after acquisition of any financial asset under subsection 1 of section 5, offer security receipts to qualified institute buyers 2or such other category of investors including noninstitutional investors as may be specified by the reserve bank in consultation with the board, from time to time, for subscription in accordance with the provisions of those acts. 2 a 3asset reconstruction company may raise funds from the 4 qualified buyers by formulating schemes for acquiring financial assets and shall keep and maintain separate and distinct accounts in respect of each such scheme for every financial asset acquired out of investments made by a 4qualified buyer and ensure that realisations of such financial asset is held and applied towards redemption of investments and payment of returns assured on such investments under the relevant scheme. 52a a the scheme for the purpose of offering security receipts under subsection 1 or raising funds under subsection 2, may be in the nature of a trust to be managed by the 3asset reconstruction company, and the 3asset reconstruction company shall hold the assets so acquired or the funds so raised for acquiring the assets, in trust for the benefit of the 4qualified buyers holding the security receipts or from whom the funds are raised. b the provisions of the indian trusts act, 2 of shall, except in so far as they are inconsistent with the provisions of this act, apply with respect to the trust referred to in clause a above. 3 in the event of nonrealisation under subsection 2 of financial assets, the 4qualified buyers of a 3asset reconstruction company, holding security receipts of not less than seventyfive per cent. of the total value of the 6security receipts issued under a scheme by such company, shall be entitled to call a meeting of all the 4qualified buyersand every resolution passed in such meeting shall be binding on the company. 4 the 4qualified buyers shall, at a meeting called under subsection 3, follow the same procedure, as nearly as possible as is followed at meetings of the board of directors of the 3asset reconstruction company, as the case may be. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. subs. by s. 7, ibid., for other than by offer to public w.e.f. . 3. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 4. subs. by s. 3, ibid., for qualified institutional buyers w.e.f. . 5. ins. by act 30 of , s. 6 w.e.f. . 6. subs. by s. 6, ibid., for security receipts issued by such company w.e.f. .

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

section 1. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 this act may be called the securitisation and reconstruction of financial assets and enforcement of security interest act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 21st day of june, .

section 2. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 in this act, unless the context otherwise requires, a appellate tribunal means a debts recovery appellate tribunal established under subsection 1 of section 8 of the recovery of debts due to banks and financial institutions act, 51 of b asset reconstruction means acquisition by any 1 asset reconstruction companyof any right or interest of any bank or financial institution in any financial assistance for the purpose of realisation of such financial assistance 2 ba asset reconstruction company means a company registered with reserve bank under section 3 for the purposes of carrying on the business of asset reconstruction or securitisation, or both c bank means i a banking company or ii a corresponding new bank or iii the state bank of india or iv a subsidiary bank or 3 iva a multistate cooperative bank or v such other bank which the central government may, by notification, specify for the purposes of this act d banking company shall have the meaning assigned to it in clause c of section 5 of the banking regulation act, 10 of e board means the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of f borrower means 4any person who, or a pooled investment vehicle as defined in clause da of section 2 of the securities contracts regulation act, 42 of which, has been granted financial assistance by any bank or financial institution or who has given any guarantee or created any mortgage or pledge as security for the financial assistance granted by any bank or financial institution 5and includes a person who, or a pooled investment vehicle which, becomes borrower of a 6 asset reconstruction companyconsequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance7 or who has raised funds through issue of debt securities g central registry means the registry set up or cause to be set up under subsection 1 of section 20 7 ga company means a company as defined in clause 20 of section 2 of the companies act, 18 of h corresponding new bank shall have the meaning assigned to it in clause da of section 5 of the banking regulation act, 10 of 8 ha debt shall have the meaning assigned to it in clause g of section 2 of the recovery of debts due to banks and financial institutions act, 51 of and includes i unpaid portion of the purchase price of any tangible asset given on hire or financial lease or conditional sale or under any other contract ii any right, title or interest on any intangible asset or licence or assignment of such intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of such intangible asset or an obligation incurred or credit otherwise extended to enable any borrower to acquire the intangible asset or obtain licence of such asset i debts recovery tribunal means the tribunal established under subsection 1 of section 3 of the recovery of debts due to banks and financial institutions act, 51 of 9 ia debt securities means debt securities listed in accordance with the regulations made by the board under the securities and exchange board of india act, 15 of 10 j default means i nonpayment of any debt or any other amount payable by the borrower to any secured creditor consequent upon which the account of such borrower is classified as nonperforming asset in the books of account of the secured creditor or ii nonpayment of any debt or any other amount payable by the borrower with respect to debt securities after notice of ninety days demanding payment of dues served upon such borrower by the debenture trustee or any other authority in whose favour security interest is created for the benefit of holders of such debt securities k financial assistance means any loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution11 including funds provided for the purpose of acquisition of any tangible asset on hire or financial lease or conditional sale or under any other contract or obtaining assignment or licence of any intangible asset or purchase of debt securities l financial asset means debt or receivables and includes i a claim to any debt or receivables or part thereof, whether secured or unsecured or ii any debt or receivables secured by, mortgage of, or charge on, immovable property or iii a mortgage, charge, hypothecation or pledge of movable property or iv any right or interest in the security, whether full or part underlying such debt or receivables or v any beneficial interest in property, whether movable or immovable, or in such debt, receivables, whether such interest is existing, future, accruing, conditional or contingent or 12 va any beneficial right, title or interest in any tangible asset given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of such asset or an obligation incurred or credit otherwise provided to enable the borrower to acquire such tangible asset or vb any right, title or interest on any intangible asset or licence or assignment of such intangible asset, which secures the obligation to pay any unpaid portion of the purchase price of such intangible asset or an obligation incurred or credit otherwise extended to enable the borrower to acquire such intangible asset or obtain licence of the intangible asset or vi any financial assistance mfinancial institution means i a public financial institution within the meaning of section 4a of the companies act, 1 of ii any institution specified by the central government under subclause ii of clause h of section 2 of the recovery of debts due to banks and financial institutions act, 51 of iii the international finance corporation established under the international finance corporation status, immunities and privileges act, 42 of 13 iiia a debenture trustee registered with the board and appointed for secured debt securities iiib asset reconstruction company, whether acting as such or managing a trust created for the purpose of securitisation or asset reconstruction, as the case may be iv any other institution or nonbanking financial company as defined in clause f of section 45i of the reserve bank of india act, 2 of , which the central government may, by notification, specify as financial institution for the purposes of this act 14 ma financial lease means a lease under any lease agreement of tangible asset, other than negotiable instrument or negotiable document, for transfer of lessors right therein to the lessee for a certain time in consideration of payment of agreed amount periodically and where the lessee becomes the owner of the such assets at the expiry of the term of lease or on payment of the agreed residual amount, as the case may be n hypothecation means a charge in or upon any movable property, existing or future, created by a borrower in favour of a secured creditor without delivery of possession of the movable property to such creditor, as a security for financial assistance and includes floating charge and crystallization of such charge into fixed charge on movable property 15 na negotiable document means a document, which embodies a right to delivery of tangible assets and satisfies the requirements for negotiability under any law for the time being in force including warehouse receipt and bill of lading o nonperforming asset means an asset or account of a borrower, which has been classified by a bank or financial institution as substandard, 16 doubtful or loss asset, a in case such bank or financial institution is administered or regulated by any authority or body established, constituted or appointed by any law for the time being in force, in accordance with the directions or guidelines relating to assets classifications issued by such authority or body b in any other case, in accordance with the directions or guidelines relating to assets classifications issued by the reserve bank p notification means a notification published in the official gazette q obligor means a person liable to the originator, whether under a contract or otherwise, to pay a financial asset or to discharge any obligation in respect of a financial asset, whether existing, future, conditional or contingent and includes the borrower r originator means the owner of a financial asset which is acquired by a 17 asset reconstruction companyfor the purpose of securitisation or asset reconstruction s prescribed means prescribed by rules made under this act t property means i immovable property ii movable property iii any debt or any right to receive payment of money, whether secured or unsecured iv receivables, whether existing or future v intangible assets, being knowhow, patent, copyright, trade mark, licence, franchise or any other business or commercial right of similar nature18 as may be prescribed by the central government in consultation with reserve bank u 19 qualified buyer means a financial institution, insurance company, bank, state financial corporation, state industrial development corporation, 20 trustee or 21 asset reconstruction companywhich has been granted a certificate of registration under subsection 4 of section 3 or any asset management company making investment on behalf of mutual fund or a foreign institutional investor registered under the securities and exchange board of india act, 15 of or regulations made thereunder,22 any category of noninstitutional investors as may be specified by the reserve bank under subsection 1 of section 7 or any other body corporate as may be specified by the board 13 w registrar of companies means the registrar defined in clause 40 of section 2 of the companies act, 1 of x reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of y scheme means a scheme inviting subscription to security receipts proposed to be issued by a 14 asset reconstruction companyunder that scheme z securitisation means acquisition of financial assets by any 14 asset reconstruction companyfrom any originator, whether by raising of funds by such 14 asset reconstruction companyfrom 15 qualified buyersby issue of security receipts representing undivided interest in such financial assets or otherwise 13 zb security agreement means an agreement, instrument or any other document or arrangement under which security interest is created in favour of the secured creditor including the creation of mortgage by deposit of title deeds with the secured creditor zc secured asset means the property on which security interest is created 16 zd secured creditor means i any bank or financial institution or any consortium or group of banks or financial institutions holding any right, title or interest upon any tangible asset or intangible asset as specified in clause l ii debenture trustee appointed by any bank or financial institution or iii an asset reconstruction company whether acting as such or managing a trust set up by such asset reconstruction company for the securitisation or reconstruction, as the case may be or iv debenture trustee registered with 17the board and appointed for secured debt securities or v any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created by any borrower for due repayment of any financial assistance. ze secured debt means a debt which is secured by any security interest 18 zf security interest means right, title or interest of any kind, other than those specified in section 31, upon property created in favour of any secured creditor and includes i any mortgage, charge, hypothecation, assignment or any right, title or interest of any kind, on tangible asset, retained by the secured creditor as an owner of the property, given on hire or financial lease or conditional sale or under any other contract which secures the obligation to pay any unpaid portion of the purchase price of the asset or an obligation incurred or credit provided to enable the borrower to acquire the tangible asset or ii such right, title or interest in any intangible asset or assignment or licence of such intangible asset which secures the obligation to pay any unpaid portion of the purchase price of the intangible asset or the obligation incurred or any credit provided to enable the borrower to acquire the intangible asset or licence of intangible asset zg security receipt means a receipt or other security, issued by a 19 asset reconstruction companyto any 20 qualified buyerpursuant to a scheme, evidencing the purchase oracquisition by the holder thereof, of an undivided right, title orinterest in the financial asset involved in securitisation zh sponsor means any person holding not less than ten per cent. of the paidup equity capital of a 21 asset reconstruction company zi state bank of india means the state bank of india constituted under section 3 of the state bank of india act, 23 of zj subsidiary bank shall have the meaning assigned to it in clause k of section 2 of the state bank of india subsidiary banks act, 38 of . 2 words and expressions used and not defined in this act but defined in the indian contract act, 9 of or the transfer of property act, 4 of or the companies act, 1 of or the securities and exchange board of india act 15 of shall have the same meanings respectively assigned to them in those acts. 1. subs. by s. 3, ibid., for securitisation company or reconstruction company w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3. ins. by act 1 of , s. 2 w.e.f. . 4.subs. by act 13 of , s. 162, for any person who w.e.f. . 5. subs. by s. 162, ibid., for and includes a person who w.e.f. . 6. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 7. ins. by s. 4, ibid. w.e.f. . 8. subs. by s. 4, ibid., for clause ha w.e.f. . 9. subs. by s. 4, ibid., for clause j w.e.f. . 10. ins. by act 44 of , s. 4 w.e.f. . 11. ins. by act 44 of , s. 4 w.e.f. . 12. subs. by act 30 of , s. 2, for certain words w.e.f. . 13. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 14. subs. by s. 3, ibid., for qualified institutional buyer w.e.f. . 15. omitted by act 44 of , s. 4 w.e.f. . 16. subs. by s. 3,ibid.,for securitisation company or reconstruction company w.e.f. . 17.subs. by act 13 of , s. 162, for the board appointed by any company w.e.f. . 18. subs. by s. 3, ibid., for qualified institutional buyers w.e.f. . 19. subs. by s. 4, ibid., for clause zd w.e.f. . 20. subs. by s. 4, ibid., for clause zf w.e.f. . 21. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 22. subs. by s. 3,ibid.,for qualified institutional buyer w.e.f. .

section 6. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 the bank or financial institution may, if it considers appropriate, give a notice of acquisition of financial assets by any 1asset reconstruction company, to the concerned obligor and any other concerned person and to the concerned registering authority including registrar of companies in whose jurisdiction the mortgage, charge, hypothecation, assignment or other interest created on the financial assets had been registered. 2 where a notice of acquisition of financial asset under subsection 1 is given by a bank or financial institution, the obligor, on receipt of such notice, shall make payment to the concerned 1asset reconstruction company, as the case may be, and payment made to such company in discharge of any of the obligations in relation to the financial asset specified in the notice shall be a full discharge to the obligor making the payment from all liability in respect of such payment. 3 where no notice of acquisition of financial asset under subsection 1 is given by any bank or financial institution, any money or other properties subsequently received by the bank or financial institution, shall constitute monies or properties held in trust for the benefit of and on behalf of the 1asset reconstruction company, as the case may be, and such bank or financial institution shall hold such payment or property which shall forthwith be made over or delivered to 1asset reconstruction company, as the case may be, or its agent duly authorised in this behalf. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. .

section 3. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 3. registration of 1asset reconstruction companies.1 no 2asset reconstruction company shall commence or carry on the business of securitisation or asset reconstruction without a obtaining a certificate of registration granted under this section and 3b having net owned fund of not less than two crore rupees or such other higher amount as the reserve bank, may, by notification, specify provided that the reserve bank may, by notification, specify different amounts of owned fund for different class or classes of 2asset reconstruction companies: provided further that a 1asset reconstruction company, existing on the commencement of this act, shall make an application for registration to the reserve bank before the expiry of six months from such commencement and notwithstanding anything contained in this subsection may continue to carry on the business of securitisation or asset reconstruction until a certificate of registration is granted to it or, as the case may be, rejection of application for registration is communicated to it. 2 every 1asset reconstruction company shall make an application for registration to the reserve bank in such form and manner as it may specify. 3 the reserve bank may, for the purpose of considering the application for registration of a 1asset reconstruction company to commence or carry on the business of securitisation or asset reconstruction, as the case may be, require to be satisfied, by an inspection of records or books of such 1asset reconstruction company, or otherwise, that the following conditions are fulfilled, namely: a that the 1asset reconstruction company has not incurred losses in any of the three preceding financial years b that such 1asset reconstruction company has made adequate arrangements for realisation of the financial assets acquired for the purpose of securitisation or asset reconstruction and shall be able to pay periodical returns and redeem on respective due dates on the investments made in the company by the 4qualified buyersor other persons c that the directors of 1asset reconstruction company have adequate professional experience in matters related to finance, securitisation and reconstruction 5 e that any of its directors has not been convicted of any offence involving moral turpitude 6f that a sponsor of an asset reconstruction company is a fit and proper person in accordance with the criteria as may be specified in the guidelines issued by the reserve bank for such persons g that 1asset reconstruction company has complied with or is in a position to comply with prudential norms specified by the reserve bank 7h that 1asset reconstruction company has complied with one or more conditions specified in the guidelines issued by the reserve bank for the said purpose. 4 the reserve bank may, after being satisfied that the conditions specified in subsection 3 are fulfilled, grant a certificate of registration to the 1asset reconstruction company to commence or carry on on business of securitisation or asset reconstruction, subject to such conditions, which it may consider, fit to impose. 5 the reserve bank may reject the application made under subsection 2 if it is satisfied that the conditions specified in subsection 3 are not fulfilled: provided that before rejecting the application, the applicant shall be given a reasonable opportunity of being heard. 6 every 1asset reconstruction company shall obtain prior approval of the reserve bank for any substantial change in its management 8including appointment of any director on the board of directors of the asset reconstruction company or managing director or chief executive officer thereof or change of location of its registered office or change in its name: provided that the decision of the reserve bank, whether the change in management of a 1asset reconstruction company is a substantial change in its management or not, shall be final. explanation.for the purposes of this section, the expression substantial change in management means the change in the management by way of transfer of shares or 8change affecting the sponsorship in in the company by way of transfer of shares or amalgamation or transfer of the business of the company. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. subs. bys. 3,ibid., for securitisation companies or reconstruction companies w.e.f. . 3. subs. by s. 5, ibid., for clause b w.e.f. . 4. subs. bys. 3,ibid.,for qualified institutional buyers w.e.f. . 5. omitted by s. 5, ibid. w.e.f. . 6. subs. by s. 5, ibid., for clause f w.e.f. . 7. ins. by act 30 of , s. 3 w.e.f. . 8. ins. by s. 5, ibid. w.e.f. .

section 4. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 the reserve bank may cancel a certificate of registration granted to a 1asset reconstruction company, if such company a ceases to carry on the business of securitisation or asset reconstruction or b ceases to receive or hold any investment from a 2qualified buyer or c has failed to comply with any conditions subject to which the certificate of registration has been granted to it or d at any time fails to fulfil any of the conditions referred to in clauses a to g of subsection 3 of section 3 or e fails to i comply with any direction issued by the reserve bank under the provisions of this act or ii maintain accounts in accordance with the requirements of any law or any direction or order issued by the reserve bank under the provisions of this act or iii submit or offer for inspection its books of account or other relevant documents when so demanded by the reserve bank or iv obtain prior approval of the reserve bank required under subsection 6 of section 3: provided that before cancelling a certificate of registration on the ground that the 3asset reconstruction company has failed to comply with the provisions of clause c or has failed to fulfil any of the conditions referred to in clause d or subclause iv of clause e, the reserve bank, unless it is of the opinion that the delay in cancelling the certificate of registration granted under subsection 4 of section 3 shall be prejudicial to the public interest or the interests of the investors or the 3asset reconstruction company, shall give an opportunity to such company on such terms as the reserve bank may specify for taking necessary steps to comply with such provisions or fulfilment of such conditions. 2 a 3asset reconstruction company aggrieved by the order of 5 cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which 6such order of cancellation is communicated to it, to the central government: provided that before rejecting an appeal such company shall be given a reasonable opportunity of being heard. 3 a 3asset reconstruction company, which is holding investments of 7qualified buyers and whose whose application for grant of certificate of registration has been rejected or certificate of registration has been cancelled shall, notwithstanding such rejection or cancellation be deemed to be a 3asset reconstruction companyuntil it repays the entire investments held by it together with interest, if any within such period as the reserve bank may direct. 1. subs. by s. 3, ibid., for securitisation company or a reconstruction company w.e.f. . 2. subs. by act 44 of , s. 3, for qualified institutional buyer w.e.f. . 3. subs. by s. 3,ibid.,for securitisation company or reconstruction company w.e.f. . 4. subs. by s. 3, ibid., for securitisation company or the reconstruction company w.e.f. . 5. the words rejection of application for registration or omitted by act 30 of , s. 4 w.e.f. . 6. subs. bys. 4,ibid.,for such order of rejection or cancellation w.e.f. . 7. subs. by act 44 of , s. 3, for qualified institutional buyers w.e.f. .

section 9. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 19. measures for assets reconstruction. 1without prejudice to the provisions contained in any other law for the time being in force, an asset reconstruction company may, for the purposes of asset reconstruction, provide for any one or more of the following measures, namely: a the proper management of the business of the borrower, by change in, or take over of, the management of the business of the borrower b the sale or lease of a part or whole of the business of the borrower c rescheduling of payment of debts payable by the borrower d enforcement of security interest in accordance with the provisions of this act e settlement of dues payable by the borrower f taking possession of secured assets in accordance with the provisions of this act g conversion of any portion of debt into shares of a borrower company: provided that conversion of any part of debt into shares of a borrower company shall be deemed always to have been valid, as if the provisions of this clause were in force at all material times. 2 the reserve bank shall, for the purposes of subsection 1, determine the policy and issue necessary directions including the direction for regulation of management of the business of the borrower and fees to be charged. 3 the asset reconstruction company shall take measures under subsection 1 in accordance with policies and directions of the reserve bank determined under subsection 2. 1. subs. by act 44 of , s. 8, for section 9 w.e.f. .

section 5. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 notwithstanding anything contained in any agreement or any other law for the time being in force, any 1asset reconstruction company may acquire financial assets of any bank or financial institution a by issuing a debenture or bond or any other security in the nature of debenture, for consideration agreed upon between such company and the bank or financial institution, incorporating therein such terms and conditions as may be agreed upon between them or b by entering into an agreement with such bank or financial institution for the transfer of such financial assets to such company on such terms and conditions as may be agreed upon between them. 21a any document executed by any bank or financial institution under subsection 1 in favour of the asset reconstruction company acquiring financial assets for the purposes of asset reconstruction or securitisation shall be exempted from stamp duty in accordance with the provisions of section 8f of the indian stamp act, 2 of : provided that the provisions of this subsection shall not apply where the acquisition of the financial assets by the asset reconstruction company is for the purposes other than asset reconstruction or securitisation. 2 if the bank or financial institution is a lender in relation to any financial assets acquired under subsection 1 by the 3asset reconstruction company, such 4asset reconstruction company shall, on such acquisition, be deemed to be the lender and all the rights of such bank or financial institution shall vest in such company in relation to such financial assets. 22a if the bank or financial institution is holding any right, title or interest upon any tangible asset or intangible asset to secure payment of any unpaid portion of the purchase price of such asset or an obligation incurred or credit otherwise provided to enable the borrower to acquire the tangible asset or assignment or licence of intangible asset, such right, title or interest shall vest in the asset reconstruction company on acquisition of such assets under subsection 1. 3 unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers ofattorney, grants of legal representation, permissions, approvals, consents or noobjections under any law or otherwise and other instruments of whatever nature which relate to the said financial asset and which are subsisting or having effect immediately before the acquisition of financial asset under subsection 1 and to which the concerned bank or financial institution is a party or which are in favour of such bank or financial institution shall, after the acquisition of the financial assets, be of as full force and effect against or in favour of the 4asset reconstruction company, as the case may be, and may be enforced or acted upon as fully and effectually as if, in the place of the said bank or financial institution, 4asset reconstruction company, as the case may be, had been a party thereto or as if they had been issued in favour of 4asset reconstruction company, as the case may be. 4 if, on the date of acquisition of financial asset under subsection 1, any suit, appeal or other proceeding of whatever nature relating to the said financial asset is pending by or against the bank or financial institution, save as provided in the third proviso to subsection 1 of section 15 of the sick industrial companies special provisions act, 1 of the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the4asset reconstruction company, as the case may be, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the 4asset reconstruction company, as the case may be. 55 on acquisition of financial assets under subsection 1, the 4asset reconstruction company, may with the consent of the originator, file an application before the debts recovery tribunal or the appellate tribunal or any court or other authority for the purpose of substitution of its name in any pending suit, appeal or other proceedings and on receipt of such application, such debts recovery tribunal or the appellate tribunal or court or authority shall pass orders for the substitution of the 4asset reconstruction company in such pending suit, appeal or other proceedings. 1. subs. by s. 3,ibid.,for securitisation company or reconstruction company w.e.f. . 2. ins. by act 44 of , s. 6 w.e.f. . 3. subs. by s. 3, ibid., for securitisation company or the reconstruction company w.e.f. . 4. subs. by s. 3, ibid,, for securitisation company or reconstruction company w.e.f. . 5. ins. by act 1 of , s. 3 w.e.f. .

section 5a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 15a.transfer of pending applications to any one of debts recovery tribunals in certain cases. 1 if any financial asset, of a borrower acquired by a 2asset reconstruction company, comprise of secured debts of more than one bank or financial institution for recovery of which such banks or financial institutions has filed applications before two or more debts recovery tribunals the 2asset reconstruction companymay file an application to the appellate tribunal having jurisdiction over any of such tribunals in which such applications are pending for transfer of all pending applications to any one of the debts recovery tribunals as it deems fit. 2 on receipt of such application for transfer of all pending applications under subsection 1, the appellate tribunal may, after giving the parties to the application an opportunity of being heard, pass an order for transfer of the pending applications to any one of the debts recovery tribunals. 3 notwithstanding anything contained in the recovery of debts due to banks and financial institutions act, 51 of , any order passed by the appellate tribunal under subsection 2 shall be binding on all the debts recovery tribunals referred to in subsection 1 as if such order had been passed by the appellate tribunal having jurisdiction on each such debts recovery tribunal. 4 any recovery certificate, issued by the debts recovery tribunal to which all the pending applications are transferred under subsection2, shall be executed in accordance with the provisions contained in subsection 23 of section 19 and other provisions of the recovery of debts due to banks and financial institutions act, 51 of shall, accordingly, apply to such execution. 1. ins. by act 30 of , s. 5 w.e.f. . 2. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. .

section 10. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 10. other functions of 1asset reconstruction company.1 any 1asset reconstruction company registered under section 3 may a act as an agent for any bank or financial institution for the purpose of recovering their dues from the borrower on payment of such fees or charges as may be mutually agreed upon between the parties b act as a manager referred to in clause c of subsection 4 of section 13 on such fee as may be mutually agreed upon between the parties c act as receiver if appointed by any court or tribunal: provided that no 1asset reconstruction company shall act as a manager if acting as such gives rise to any pecuniary liability. 2 save as otherwise provided in subsection 1, no 1asset reconstruction company which has been granted a certificate of registration under subsection 4 of section 3, shall commence or carry on, without prior approval of the reserve bank, any business other than that of securitisation or asset reconstruction: provided that a 1asset reconstruction company which is carrying on, on or before the commencement of this act, any business other than the business of securitisation or asset reconstruction or business referred to in subsection 1, shall cease to carry on any such business within one year from the date of commencement of this act. explanation.for the purposes of this section, 2asset reconstruction company or 3asset reconstruction company does not include its subsidiary. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. subs. bys. 3,ibid.,for securitisation company w.e.f. . 3. subs. by s. 3,ibid.,for reconstruction company w.e.f. .

section 8. of the securitisation and reconstruction of financial assets and enforcement of security interest act : notwithstanding anything contained in subsection 1 of section 17 of the registration act, 16 of , a any security receipt issued by the 1asset reconstruction company, as the case may be, under subsection 1 of section 7, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder of the security receipt to an undivided interest afforded by a registered instrument or b any transfer of security receipts, shall not require compulsory registration. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. .

section 11. of the securitisation and reconstruction of financial assets and enforcement of security interest act : where any dispute relating to securitisation or reconstruction or nonpayment of any amount due including interest arises amongst any of the parties, namely, the bank, or financial institution, or 1asset reconstruction companyor 2qualified buyer, such dispute shall be settled settled by conciliation or arbitration as provided in the arbitration and conciliation act, 26 of , as if the parties to the dispute have consented in writing for determination of such dispute by conciliation or arbitration and the provisions of that act shall apply accordingly. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. subs. by s. 3, ibid., for qualified institutional buyer w.e.f. .

section 12. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 if the reserve bank is satisfied that in the public interest or to regulate financial system of the country to its advantage or to prevent the affairs of any 1asset reconstruction company from being conducted in a manner detrimental to the interest of investors or in any manner prejudicial to the interest of such 1asset reconstruction company, it is necessary or expedient so to do, it may determine the policy and give directions to all or any 1asset reconstruction companyin matters relating to income recognition, accounting standards, making provisions for bad and doubtful debts, capital adequacy based on risk weights for assets and also relating to deployment of funds by the 1asset reconstruction company, as the case may be, and such company shall be bound to follow the policy so determined and the directions so issued. 2 without prejudice to the generality of the power vested under subsection 1, the reserve bank may give directions to any 1 asset reconstruction company generally or to a class of 2 asset reconstruction companies or to any 1 asset reconstruction company in particular as to a the type of financial asset of a bank or financial institution which can be acquired and procedure for acquisition of such assets and valuation thereof b the aggregate value of financial assets which may be acquired by any 1asset reconstruction company. 3 c the fee and other charges which may be charged or incurred for management of financial assets acquired by any asset reconstruction company d transfer of security receipts issued to qualified buyers. 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. subs. by s. 3, ibid., for securitisation companies or reconstruction companies w.e.f. . 3. ins. by s. 9, ibid. w.e.f. .

section 12a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 112a. power of reserve bank to call for statements and information. the reserve bank may at any time direct a 2asset reconstruction company to furnish it within such time as may be specified by the reserve bank, with such statements and information relating to the business or affairs of such 2asset reconstruction company including any business or affairs with which such company is concerned as the reserve bank may consider necessary or expedient to obtain for the purposes of this act. 1. ins. by act 30 of , s. 7 w.e.f. . 2. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. .

section 16. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 notwithstanding anything to the contrary contained in any contract or in any other law for the time being in force, no managing director or any other director or a manager or any person in charge of management of the business of the borrower shall be entitled to any compensation for the loss of office or for the premature termination under this act of any contract of management entered into by him with the borrower. 2 nothing contained in subsection 1 shall affect the right of any such managing director or any other director or manager or any such person in charge of management to recover from the business of the borrower, moneys recoverable otherwise than by way of such compensation.

section 12b. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 112b. power of reserve bank to carry out audit and inspection. 1 the reserve bank may, for the purposes of this act, carry out or caused to be carried out audit and inspection of an asset reconstruction company from time to time. 2 it shall be the duty of an asset reconstruction company and its officers to provide assistance and cooperation to the reserve bank to carry out audit or inspection under subsection 1. 3 where on audit or inspection or otherwise, the reserve bank is satisfied that business of an asset reconstruction company is being conducted in a manner detrimental to public interest or to the interests of investors in security receipts issued by such asset reconstruction company, the reserve bank may, for securing proper management of an asset reconstruction company, by an order a remove the chairman or any director or appoint additional directors on the board of directors of the asset reconstruction company or b appoint any of its officers as an observer to observe the working of the board of directors of such asset reconstruction company: provided that no order for removal of chairman or director under clause a shall be made except after giving him an opportunity of being heard. 4 it shall be the duty of every director or other officer or employee of the asset reconstruction company to produce before the person, conducting an audit or inspection under subsection 1, all such books, accounts and other documents in his custody or control and to provide him such statements and information relating to the affairs of the asset reconstruction company as may be required by such person within the stipulated time specified by him. 1. ins. by act 44 of , s. 10 w.e.f. .

section 13. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 notwithstanding anything contained in section 69 or section 69a of the transfer of property act, 4 of , any security interest created in favour of any secured creditor may be enforced, without the intervention of the court or tribunal, by such creditor in accordance with the provisions of this act. 2 where any borrower, who is under a liability to a secured creditor under a security agreement, makes any default in repayment of secured debt or any instalment thereof, and his account in respect of such debt is classified by the secured creditor as nonperforming asset, then, the secured creditor may require the borrower by notice in writing to discharge in full his liabilities to the secured creditor within sixty days from the date of notice failing which the secured creditor shall be entitled to exercise all or any of the rights under subsection 4. 1provided that i the requirement of classification of secured debt as nonperforming asset under this subsection shall not apply to a borrower who has raised funds through issue of debt securities and ii in the event of default, the debenture trustee shall be entitled to enforce security interest in the same manner as provided under this section with such modifications as may be necessary and in accordance with the terms and conditions of security documents executed in favour of the debenture trustee. 3 the notice referred to in subsection 2 shall give details of the amount payable by the borrower and the secured assets intended to be enforced by the secured creditor in the event of nonpayment of secured debts by the borrower. 23a if, on receipt of the notice under subsection 2, the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate 3within fifteen days of receipt of such representation or objection the reasons for nonacceptance of the representation or objection to the borrower: provided that the reasons so communicated or the likely action of the secured creditor at the stage of communication of reasons shall not confer any right upon the borrower to prefer an application to the debts recovery tribunal under section 17 or the court of district judge under section 17a. 4 in case the borrower fails to discharge his liability in full within the period specified in subsection 2, the secured creditor may take recourse to one or more of the following measures to recover his secured debt, namely: a take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset 4b take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset: provided that the right to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt: provided further that where the management of whole of the business or part of the business is severable, the secured creditor shall take over the management of such business of the borrower which is relatable to the security for the debt c appoint any person hereafter referred to as the manager, to manage the secured assets the possession of which has been taken over by the secured creditor d require at any time by notice in writing, any person who has acquired any of the secured assets from the borrower and from whom any money is due or may become due to the borrower, to pay the secured creditor, so much of the money as is sufficient to pay the secured debt. 5 any payment made by any person referred to in clause d of subsection 4 to the secured creditor shall give such person a valid discharge as if he has made payment to the borrower. 55a where the sale of an immovable property, for which a reserve price has been specified, has been postponed for want of a bid of an amount not less than such reserve price, it shall be lawful for any officer of the secured creditor, if so authorised by the secured creditor in this behalf, to bid for the immovable property on behalf of the secured creditor at any subsequent sale. 5b where the secured creditor, referred to in subsection 5a, is declared to be the purchaser of the immovable property at any subsequent sale, the amount of the purchase price shall be adjusted towards the amount of the claim of the secured creditor for which the auction of enforcement of security interest is taken by the secured creditor, under subsection 4 of section 13. 5cthe provisions of section 9 of the banking regulation act, 10 of shall, as far as may be, apply to the immovable property acquired by secured creditor under subsection 5a. 6 any transfer of secured asset after taking possession thereof or take over of management under subsection 4, by the secured creditor or by the manager on behalf of the secured creditor shall vest in the transferee all rights in, or in relation to, the secured asset transferred as if the transfer had been made by the owner of such secured asset. 7 where any action has been taken against a borrower under the provisions of subsection 4, all costs, charges and expenses which, in the opinion of the secured creditor, have been properly incurred by him or any expenses incidental thereto, shall be recoverable from the borrower and the money which is received by the secured creditor shall, in the absence of any contract to the contrary, be held by him in trust, to be applied, firstly, in payment of such costs, charges and expenses and secondly, in discharge of the dues of the secured creditor and the residue of the money so received shall be paid to the person entitled thereto in accordance with his rights and interests. 68 where the amount of dues of the secured creditor together with all costs, charges and expenses incurred by him is tendered to the secured creditor at any time before the date of publication of notice for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease, assignment or sale of the secured assets, i the secured assets shall not be transferred by way of lease assignment or sale by the secured creditor and ii in case, any step has been taken by the secured creditor for transfer by way of lease or assignment or sale of the assets before tendering of such amount under this subsection, no further step shall be taken by such secured creditor for transfer by way of lease or assignment or sale of such secured assets. 9 7subject to the provisions of the insolvency and bankruptcy code, , in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him under or pursuant to subsection 4 unless exercise of such right is agreed upon by the secured creditors representing not less than 8sixty per cent. in value of the amount outstanding as on a record date and such action shall be binding on all the secured creditors: provided that in the case of a company in liquidation, the amount realised from the sale of secured assets shall be distributed in accordance with the provisions of section 529a of the companies act, 1 of : provided further that in the case of a company being wound up on or after the commencement of this act, the secured creditor of such company, who opts to realise his security instead of relinquishing his security and proving his debt under proviso to subsection 1 of section 529 of the companies act, 1 of , may retain the sale proceeds of his secured assets after depositing the workmens dues with the liquidator in accordance with the provisions of section 529a of that act: provided also that liquidator referred to in the second proviso shall intimate the secured creditor the workmens dues in accordance with the provisions of section 529a of the companies act, 1 of and in case such workmens dues cannot be ascertained, the liquidator shall intimate the estimated amount of workmens dues under that section to the secured creditor and in such case the secured creditor may retain the sale proceeds of the secured assets after depositing the amount of such estimate dues with the liquidator: provided also that in case the secured creditor deposits the estimated amount of workmens dues, such creditor shall be liable to pay the balance of the workmens dues or entitled to receive the excess amount, if any, deposited by the secured creditor with the liquidator: provided also that the secured creditor shall furnish an undertaking to the liquidator to pay the balance of the workmens dues, if any. explanation.for the purposes of this subsection, a record date means the date agreed upon by the secured creditors representing not less than 8sixty per cent. in value of the amount outstanding on such date b amount outstanding shall include principal, interest and any other dues payable by the borrower to the secured creditor in respect of secured asset as per the books of account of the secured creditor. 10 where dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the secured creditor may file an application in the form and manner as may be prescribed to the debts recovery tribunal having jurisdiction or a competent court, as the case may be, for recovery of the balance amount from the borrower. 11 without prejudice to the rights conferred on the secured creditor under or by this section, secured creditor shall be entitled to proceed against the guarantors or sell the pledged assets without first taking any of the measured specifies in clauses a to d of subsection 4 in relation to the secured assets under this act. 12 the rights of a secured creditor under this act may be exercised by one or more of his officers authorised in this behalf in such manner as may be prescribed. 13 no borrower shall, after receipt of notice referred to in subsection 2, transfer by way of sale, lease or otherwise other than in the ordinary course of his business any of his secured assets referred to in the notice, without prior written consent of the secured creditor. state amendment jammu and kashmir and ladakh uts. amendment of section 13.in subsection 3a, in proviso thereto, omit or the court of district judge under section 17a vide order no. e dated 26th october, , the union territory of jammu and kashmir reorganisation adaptation of central laws third order, w.e.f. and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 44 of , s. 11 w.e.f. . 2. ins. by act 30 of , s. 8w.e.f. . 3. subs. by act 1 of , s. 5, for within one week w.e.f. . 4. subs. by act 30 of , s. 8, for clause b w.e.f. . 5. ins. by act 1 of , s. 5 w.e.f. . 6. subs. by act 44 of , s. 11, for subsection 8 w.e.f. . 7. subs. by act 31 of , s. 251 and the seventh schedule, for in the case of w.e.f. 8. subs. by act 1 of , s. 5, for threefourth w.e.f. 151 .

section 14. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor under the provisions of this act, the secured creditor may, for the purpose of taking possession or control of any such secured assets, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such secured asset or other documents relating thereto may be situated or found, to take possession thereof, and the chief metropolitan magistrate or as the case may be, the district magistrate shall, on such request being made to him a take possession of such asset and documents relating thereto and b forward such asset and documents to the secured creditor: 1provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that i the aggregate amount of financial assistance granted and the total claim of the bank as on the date of filing the application ii the borrower has created security interest over various properties and that the bank or financial institution is holding a valid and subsisting security interest over such properties and the claim of the bank or financial institution is within the limitation period iii the borrower has created security interest over various properties giving the details of properties referred to in subclause iiabove iv the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount v consequent upon such default in repayment of the financial assistance the account of the borrower has been classified as a nonperforming asset vi affirming that the period of sixty days notice as required by the provisions of subsection 2 of section 13, demanding payment of the defaulted financial assistance has been served on the borrower vii the objection or representation in reply to the notice received from the borrower has been considered by the secured creditor and reasons for nonacceptance of such objection or representation had been communicated to the borrower viii the borrower has not made any repayment of the financial assistance in spite of the above notice and the authorised officer is, therefore, entitled to take possession of the secured assets under the provisions of subsection 4 of section 13 read with section 14 of the principal act ix that the provisions of this act and the rules made thereunder had been complied with: provided further that on receipt of the affidavit from the authorised officer, the district magistrate or the chief metropolitan magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets 2within a period of thirty days from the date of application: 2provided also that if no order is passed by the chief metropolitan magistrate or district magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days. provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any district magistrate or the chief metropolitan magistrate, as the case may be, on the date of commencement of this act. 31a the district magistrate or the chief metropolitan magistrate may authorise any officer subordinate to him, i to take possession of such assets and documents relating thereto and ii to forward such assets and documents to the secured creditor. 2 for the purpose of securing compliance with the provisions of subsection 1, the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. 3 no act of the chief metropolitan magistrate or the district magistrate 1any officer authorised by the chief metropolitan magistrate or district magistrate done in pursuance of this section shall be called in question in any court or before any authority. 1. ins. by act 1 of , s. 6 w.e.f. . 2. ins. by act 44 of , s. 12 w.e.f. . 3. ins. by act 1 of , s. 6 w.e.f. .

section 17. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 17. 1application against measures to recover secured debts. 1 any person including borrower, aggrieved by any of the measures referred to in subsection 4 of section 13 taken by the secured creditor or his authorised officer under this chapter, 2may make an application along with such fee, as may be prescribed, to the debts recovery tribunal having jurisdiction in the matter within fortyfive days from the date on which such measure had been taken: 3provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower. 4explanation.for the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person including borrower to make an application to the debts recovery tribunal under this subsection. 51a an application under subsection 1 shall be filed before the debts recovery tribunal within the local limits of whose jurisdiction a the cause of action, wholly or in part, arises b where the secured asset is located or c the branch or any other office of a bank or financial institution is maintaining an account in which debt claimed is outstanding for the time being. 62 the debts recovery tribunal shall consider whether any of the measures referred to in subsection 4 of section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this act and the rules made thereunder. 73 if, the debts recovery tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in subsection 4 of section 13, taken by the secured creditor are not in accordance with the provisions of this act and the rules made thereunder, and require restoration of the management or restoration of possession, of the secured assets to the borrower or other aggrieved person, it may, by order, a declare the recourse to any one or more measures referred to in subsection 4 of section 13 taken by the secured creditor as invalid and b restore the possession of secured assets or management of secured assets to the borrower or such other aggrieved person, who has made an application under subsection 1, as the case may be and c pass such other direction as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under subsection 4 of section 13. 4 if, the debts recovery tribunal declares the recourse taken by a secured creditor under subsection 4 of section 13, is in accordance with the provisions of this act and the rules made thereunder, then, notwithstanding anything contained in any other law for the time being in force, the secured creditor shall be entitled to take recourse to one or more of the measures specified under subsection 4 of section 13 to recover his secured debt. 84a where i any person, in an application under subsection 1, claims any tenancy or leasehold rights upon the secured asset, the debt recovery tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purposes of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy, a has expired or stood determined or b is contrary to section 65a of the transfer of property act, 4 of or c is contrary to terms of mortgage or d is created after the issuance of notice of default and demand by the bank under subsection 2 of section 13 of the act and ii the debt recovery tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under the subclause a or subclause b or subclause c or subclause d of clause i, then notwithstanding anything to the contrary contained in any other law for the time being in force, the debt recovery tribunal may pass such order as it deems fit in accordance with the provisions of this act. 5 any application made under subsection 1 shall be dealt with by the debts recovery tribunal as expeditiously as possible and disposed of within sixty days from the date of such application: provided that the debts recovery tribunal may, from time to time, extend the said period for reasons to be recorded in writing, so, however, that the total period of pendency of the application with the debts recovery tribunal, shall not exceed four months from the date of making of such application made under subsection 1. 6 if the application is not disposed of by the debts recovery tribunal within the period of four months as specified in subsection 5, any part to the application may make an application, in such form as may be prescribed, to the appellate tribunal for directing the debts recovery tribunal for expeditious disposal of the application pending before the debts recovery tribunal and the appellate tribunal may, on such application, make an order for expeditious disposal of the pending application by the debts recovery tribunal. 7 save as otherwise provided in this act, the debts recovery tribunal shall, as far as may be, dispose of the application in accordance with the provisions of the recovery of debts due to banks and financial institutions act, 51 of and the rules made thereunder. 1. subs. by s. 14, ibid., for right to appeal w.e.f. . 2. subs. by act 30 of , s. 10, for may prefer an appeal w.e.f. . 3. ins. by s. 10, ibid. w.e.f. . 4. ins. by s. 10, ibid. w.e.f. . 5. ins. by act 44 of , s. 14 w.e.f. . 6. subs. by act 30 of , s.10, for subsections 2 and 3 w.e.f. . 7. subs. by act 44 of , s. 14, for subsection 3 w.e.f. . 8. ins. by act 44 of , s. 14 w.e.f. .

section 15. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 1when the management of business of a borrower is taken over by a 2asset reconstruction companyunder clause a of section 9 or, as the case may be, by a secured creditor under clause b of subsection 4 of section 13, the secured creditor may, by publishing a notice in a newspaper published in english language and in a newspaper published in an indian language in circulation in the place where the principal office of the borrower is situated, appoint as many persons as it thinks fit a in a case in which the borrower is a company as defined in the companies act, 1 of , to be the directors of that borrower in accordance with the provisions of that act or b in any other case, to be the administrator of the business of the borrower. 2 on publication of a notice under subsection 1, a in any case where the borrower is a company as defined in the companies act, 1 of , all persons holding office as directors of the company and in any other case, all persons holding any office having power of superintendence, direction and control of the business of the borrower immediately before the publication of the notice under subsection 1, shall be deemed to have vacated their offices as such b any contract of management between the borrower and any director or manager thereof holding office as such immediately before publication of the notice under subsection 1, shall be deemed to be terminated c the directors or the administrators appointed under this section shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the business of the borrower is, or appears to be, entitled and all the property and effects of the business of the borrower shall be deemed to be in the custody of the directors or administrators, as the case may be, as from the date of the publication of the notice d the directors appointed under this section shall, for all purposes, be the directors of the company of the borrower and such directors or as the case may be, the administrators appointed under this section, shall alone be entitled to exercise all the powers of the directors or as the case may be, of the persons exercising powers of superintendence, direction and control, of the business of the borrower whether such powers are derived from the memorandum or articles of association of the company of the borrower or from any other source whatsoever. 3 where the management of the business of a borrower, being a company as defined in the companies act, 1 of , is taken over by the secured creditor, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such borrower, a it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to be a director of the company b no resolution passed at any meeting of the shareholders of such company shall be given effect to unless approved by the secured creditor c no proceeding for the winding up of such company or for the appointment of a receiver in respect thereof shall lie in any court, except with the consent of the secured creditor. 4 where the management of the business of a borrower had been taken over by the secured creditor, the secured creditor shall, on realisation of his debt in full, restore the management of the business of the borrower to him. 3provided that if any secured creditor jointly with other secured creditors or any asset reconstruction company or financial institution or any other assignee has converted part of its debt into shares of a borrower company and thereby acquired controlling interest in the borrower company, such secured creditors shall not be liable to restore the management of the business to such borrower. 1. subs. by act 30 of , s. 9, for when the management of business of a borrower is taken over by a secured creditor w.e.f. . 2. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. 3. ins. by act 44 of , s. 13 w.e.f. .

section 17a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 17a. making of application to court of district judge in certain cases. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 18b. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 18b. appeal to high court in certain cases. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 18. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 any person aggrieved, by any order made by the debts recovery tribunal 1under section 17, may prefer an appeal along with such fee, as may be prescribedto the appellate tribunal within thirty days from the date of receipt of the order of debts recovery tribunal. 2provided that different fees may be prescribed for filing an appeal by the borrower or by the person other than the borrower: 3provided further that no appeal shall be entertained unless the borrower has deposited with the appellate tribunal fifty per cent. of the amount of debt due from him, as claimed by the secured creditors or determined by the debts recovery tribunal, whichever is less: provided also that the appellate tribunal may, for the reasons to be recorded in writing, reduce the amount to not less than twentyfive per cent. of debt referred to in the second proviso. 2 save as otherwise provided in this act, the appellate tribunal shall, as far as may be, dispose of the appeal in accordance with the provisions of the recovery of debts due to banks and financial institutions act, 51 of and rules made thereunder. 1. subs. by act 30 of , s. 12, for under section 17, may prefer an appeal w.e.f. . 2. ins. by s. 12, ibid. w.e.f. . 3. ins. by s. 12, ibid. w.e.f. .

section 18a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 118a. validation of fees levied.any fee levied and collected for preferring, before the commencement of the enforcement of security interest and recovery of debts laws amendment act, , an appeal to the debts recovery tribunal or the appellate tribunal under this act, shall be deemed always to have been levied and collected in accordance with law as if the amendments made to sections 17 and 18 of this act by sections 10 and 12 of the said act were in force at all material times. 1 . ins. by s. 13, ibid. w.e.f. .

section 18c. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 118c. right to lodge a caveat.1 where an application or an appeal is expected to be made or has been made under subsection 1 of section 17 or section 17a or subsection 1 of section 18 or section 18b, the secured creditor or any person claiming a right to appear before the tribunal or the court of district judge or the appellate tribunal or the high court, as the case may be, on the hearing of such application or appeal, may lodge a caveat in respect thereof. 2 where a caveat has been lodged under subsection 1, a the secured creditor by whom the caveat has been lodged hereafter in this section referred to as the caveator shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under subsection 1 b any person by whom the caveat has been lodged hereafter in this section referred to as the caveator shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under subsection 1. 3 where after a caveat has been lodged under subsection 1, any application or appeal is filed before the tribunal or the court of district judge or the appellate tribunal or the high court, as the case may be, the tribunal or the district judge or the appellate tribunal or the high court, as the case may be, shall serve a notice of application or appeal filed by the applicant or the appellant on the caveator. 4 where a notice of any caveat has been served on the applicant or the appellant, he shall periodically furnish the caveator with a copy of the application or the appeal made by him and also with copies of any paper or document which has been or may be filed by him in support of the application or the appeal. 5 where a caveat has been lodged under subsection 1, such caveat shall not remain in force after the expiry of the period of ninety days from the date on which it was lodged unless the application or appeal referred to in subsection 1 has been made before the expiry of the said period. state amendments jammu and kashmir ut. amendment of section 18ci in subsection 1, omit or section 17a, or section 18b, or the court of district judge and or the high court and ii in subsection 3, omit or the court of district judge and or the high court. vide order no. e dated 26th october, , the union territory of jammu and kashmir reorganisation adaptation of central laws third order, w.e.f. . ladakh ut. amendment of section 18c a in subsection 1, omit, i or section 17a and or section 18b and ii or the court of district judge and or the high court whenever they occur b in subsection 3 omit or the court of district judge and or the high court. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 1 of , s. 7 w.e.f. .

section 22. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 for the purposes of this act, a record called the central register shall be kept at the head office of the central registry for entering the particulars of the transactions relating to a securitisation of financial assets b reconstruction of financial assets and c creation of security interest. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the central registrar to keep the records wholly or partly in computer, floppies, diskettes or in any other electronic form subject to such safeguards as may be prescribed. 3 where such register is maintained wholly or partly in computer, floppies, diskettes or in any other electronic form, under subsection 2, any reference in this act to entry in the central register shall be construed as a reference to any entry as maintained in computer or in any other electronic form. 4 the register shall be kept under the control and management of the central registrar.

section 19. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 119. right of borrower to receive compensation and costs in certain cases. if the debts recovery tribunal or the court of district judge, on an application made under section 17 or section 17a or the appellate tribunal or the high court on an appeal preferred under section 18 or section 18a, holds that the possession of secured assets by the secured creditor is not in accordance with the provisions of this act and rules made thereunder and directs the secured creditors to return such secured assets to the 2concerned borrowers or any other aggrieved person, who has filed the application under section 17 or section 17a or appeal under section 18 or section 18a, as the case may be, the borrower or such other person shall be entitled to the payment of such compensation and costs as may be determined by such tribunal or court of district judge or appellate tribunal or the high court referred to in section 18b. state amendments union territory of jammu and kashmir. amendment of section 19.i omit or the court of district judge, occurring at both the places ii omit or section 17a occurring at both the places iii omit or the high court iv omit or section 18a occurring at both the places and v omit or the high court referred to in section 18b occurring at the end. insertion of new section:after section 19, insert 19a. transfer of pending applications.all the pending applications before the court of district judge and the high court under sections 17a and 18b respectively, shall stand transferred to the tribunal and the appellate tribunal, as the case may be. vide order no. e dated 26th october, , the union territory of jammu and kashmir reorganisation adaptation of central laws third order, w.e.f. . union territory of ladakh section 19.in section 19, i omit or the court of district judge, or the high court and or the high court referred to in section 18b ii omit or section 17a and or section 18a. 1. subs. by act 30 of , s. 14, for section 19 w.e.f. . 2. subs. by act 44 of , s. 15, for concerned borrowers, such borrower w.e.f. .

section 23. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 11 the particulars of every transaction of securitisation, asset reconstruction or creation of security interest shall be filed, with the central registrar in the manner and on payment of such fee as may be prescribed 2: 3 4provided 5 that the central government may, by notification, require registration of all transactions of securitisation, or asset reconstruction or creation of security interest which are subsisting on or before the date of establishment of the central registry under subsection 7 of section 20 within such period and on payment of such fees as may be prescribed. 62 the central government may, by notification, require the registration of transaction relating to different types of security interest created on different kinds of property with the central registry. 3 the central government may, by rules, prescribe forms for registration for different types of security interest under this section and fee to be charged for such registration. 1. section 23 numbered as subsection 1 by act 44 of , s. 17 w.e.f. . 2. the certain words omitted by s. 17, ibid. w.e.f. . 3. the proviso omitted by s. 17, ibid. w.e.f. . 4. ins. by act 1 of , s.8 w.e.f. . 5. the word further omitted by act 44 of , s. 17 w.e.f. . 6. ins. by s. 17, ibid. w.e.f. .

section 20. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 the central government may, by notification, set up or cause to be set up from such date as it may specify in such notification, a registry to be known as the central registry with its own seal for the purposes of registration of transaction of securitisation and reconstruction of financial assets and creation of security interest under this act. 2 the head office of the central registry shall be at such place as the central government may specify and for the purpose of facilitating registration of transactions referred to in subsection 1, there may be established at such other places as the central government may think fit, branch offices of the central registry. 3 the central government may, by notification, define the territorial limits within which an office of the central registry may exercise its functions. 4 the provisions of this act pertaining to the central registry shall be in addition to and not in derogation of any of the provisions contained in the registration act, 16 of , the companies act, 1 of , the merchant shipping act, 44 of , the patents act, 39 of , the motor vehicles act, 49 of , and the designs act, 16 of or any other law requiring registration of charges and shall not affect the priority of charges or validity thereof under those acts or laws.

section 20a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 120a.integration of registration systems with central registry. 1 the central government may, for the purpose of providing a central database, in consultation with state governments or other authorities operating registration system for recording rights over any property or creation, modification or satisfaction of any security interest on such property, integrate the registration records of such registration systems with the records of central registry established under section 20, in such manner as may be prescribed. explanation.for the purpose of this subsection, the registration records includes records of registration under the companies act, 18 of , the registration act, 16 of , the merchant shipping act, 44 of , the motor vehicles act, 59 of , the patents act, 39 of , the designs act, 16 of or other such records under any other law for the time being in force. 2 the central government shall after integration of records of various registration systems referred to in subsection 1 with the central registry, by notification, declare the date of integration of registration systems and the date from which such integrated records shall be available and with effect from such date, security interests over properties which are registered under any registration system referred to in subsection 1 shall be deemed to be registered with the central registry for the purposes of this act. 1. ins. by act 44 of , s. 16 w.e.f. .

section 24. of the securitisation and reconstruction of financial assets and enforcement of security interest act : whenever the terms or conditions, or the extent or operation of any security interest registered under this chapter are or is 1asset reconstruction company or the secured creditors, as the case may be, to send to the central registrar, the particulars of such modification, and the provisions of this chapter as to registration of a security interest shall apply to such modification modified, it shall be the duty of the 2asset reconstruction company or the of such security interest. 1. subs. by s. 3, ibid., for reconstruction company w.e.f. . 2. subs. by s. 3,ibid., for securitisation company w.e.f. .

section 20b. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 120b. delegation of powers.the central government may, by notification, delegate its powers and functions under this chapter, in relation to establishment, operations and regulation of the central registry to the reserve bank, subject to such terms and conditions as may be prescribed. 1. ins. by act 44 of , s. 16 w.e.f. .

section 21. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 the central government may, by notification, appoint a person for the purpose of registration of transactions relating to securitisation, reconstruction of financial assets and security interest created over properties, to be known as the central registrar. 2 the central government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the central registrar, such functions of the central registrar under this act as he may, from time to time, authorise them to discharge.

section 25. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 25. 1 asset reconstruction company or secured creditors to report satisfaction of security interest.1 the 1 asset reconstruction company or the secured creditors as the case may be, shall give intimation to the central registrar of the payment or satisfaction in full, of any security interest relating to the 2asset reconstruction company or the secured creditors and requiring registration under this chapter, within thirty days from the date of such payment or satisfaction. 31a on receipt of intimation under subsection 1, the central registrar shall order that a memorandum of satisfaction shall be entered in the central register. 2 4if the concerned borrower gives an intimation to the central registrar for not recording the payment or satisfaction referred to in subsection 1,the central registrar shall on receipt of such intimation, cause a notice to be sent to the 5asset reconstruction company or the secured creditors calling upon it to show cause within a time not exceeding fourteen days specified in such notice, as to why payment or satisfaction should not be recorded as intimated to the central registrar. 3 if no cause is shown, the central registrar shall order that a memorandum of satisfaction shall be entered in the central register. 4 if cause is shown, the central registrar shall record a note to that effect in the central register, and shall inform the borrower that he has done so. 1. subs. by s. 3, ibid., for securitisation company or reconstruction company w.e.f. . 2. subs. by s. 3, ibid., for securitisation company or the reconstruction company w.e.f. . 3. ins. by act 30 of , s. 15 w.e.f. .. 4. subs. by s. 15, ibid., for the central registrar shall, on receipt of such intimation w.e.f. . 5. subs. by s. 3, ibid., for securitisation company w.e.f. .

section 26. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 the particulars of securitisation or reconstruction or security interest entered in the central register of such transactions kept under section 22 shall be open during the business hours for inspection by any person on payment of such fees as may be prescribed. 2 the central register referred to in subsection 1 maintained in electronic form shall also be open during the business hours for the inspection of any person through electronic media on payment of such fees as may be prescribed.

section 27. of the securitisation and reconstruction of financial assets and enforcement of security interest act : if a default is made a in filing under section 23, the particulars of every transaction of any securitisation or asset reconstruction or security interest created by a 1asset reconstruction companyor secured creditors or b in sending under section 24, the particulars of the modification referred to in that section or c in giving intimation under section 25, every company and every officer of the company or the secured creditors and every officer of the secured creditor who is in default shall be punishable with fine which may extend to five thousand rupees for every day during which the default continues: 2provided that provisions of this section shall be deemed to have been omitted from the date of coming into force of the provisions of this chapter and section 23 as amended by the enforcement of security interest and recovery of debts laws and miscellaneous provisions amendment act, 44 of . 1. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. . 2. ins. by s. 19, ibid. w.e.f..

section 26a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 126a.rectification by central government in matters of registration, modification and satisfaction, etc.1 the central government, on being satisfied a that the omission to file with the registrar the particulars of any transaction of securitisation, asset reconstruction or security interest or modification or satisfaction of such transaction or the omission or misstatement of any particular with respect to any such transaction or modification or with respect to any satisfaction or other entry made in pursuance of section 23 or section 24 or section 25 of the principal act was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or b that on other grounds, it is just and equitable to grant relief, may, on the application of a secured creditor or 2asset reconstruction company or any other person interested on such terms and conditions as it may seem to the central government just and expedient, direct that the time for filing of the particulars of the transaction for registration or modification or satisfaction shall be extended or, as the case may require, the omission or misstatement shall be rectified. 2 where the central government extends the time for the registration of transaction of security interest or securitisation or asset reconstruction or modification or satisfaction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered. 1. ins. by act 1 of , s. 9 w.e.f. . 2. subs. by act 44 of , s. 3, for securitisation company or reconstruction company w.e.f. .

section 26b. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 126b. registration by secured creditors and other creditors. 1 the central government may by notification, extend the provisions of chapter iv relating to central registry to all creditors other than secured creditors as defined in clause zd of subsection 1 of section 2, for creation, modification or satisfaction of any security interest over any property of the borrower for the purpose of securing due repayment of any financial assistance granted by such creditor to the borrower. 2 from the date of notification under subsection 1, any creditor including the secured creditor may file particulars of transactions of creation, modification or satisfaction of any security interest with the central registry in such form and manner as may be prescribed. 3 a creditor other than the secured creditor filing particulars of transactions of creation, modification and satisfaction of security interest over properties created in its favour shall not be entitled to exercise any right of enforcement of securities under this act. 4 every authority or officer of the central government or any state government or local authority, entrusted with the function of recovery of tax or other government dues and for issuing any order for attachment of any property of any person liable to pay the tax or government dues, shall file with the central registry such attachment order with particulars of the assessee and details of tax or other government dues from such date as may be notified by the central government, in such form and manner as may be prescribed. 5 if any person, having any claim against any borrower, obtains orders for attachment of property from any court or other authority empowered to issue attachment order, such person may file particulars of such attachment orders with central registry in such form and manner on payment of such fee as may be prescribed. 1. ins. by s. 18, ibid. w.e.f. .

section 26c. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 126c. effect of the registration of transactions, etc.1 without prejudice to the provisions contained in any other law, for the time being in force, any registration of transactions of creation, modification or satisfaction of security interest by a secured creditor or other creditor or filing of attachment orders under this chapter shall be deemed to constitute a public notice from the date and time of filing of particulars of such transaction with the central registry for creation, modification or satisfaction of such security interest or attachment order, as the case may be. 2 where security interest or attachment order upon any property in favour of the secured creditor or any other creditor are filed for the purpose of registration under the provisions of chapter iv and this chapter, the claim of such secured creditor or other creditor holding attachment order shall have priority over any subsequent security interest created upon such property and any transfer by way of sale, lease or assignment or licence of such property or attachment order subsequent to such registration, shall be subject to such claim: provided that nothing contained in this subsection shall apply to transactions carried on by the borrower in the ordinary course of business. 1. ins. by s. 18, ibid. w.e.f. .

section 30. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 3 30. cognizance of offences.1 no court shall take cognizance of any offence punishable under section 27 in relation to noncompliance with the provisions of section 23, section 24 or section 25 or under section 28 or section 29 or any other provisions of the act, except upon a complaint in writing made by an officer of the central registry or an officer of the reserve bank, generally or specially authorised in writing in this behalf by the central registrar or, as the case may be, the reserve bank. 2 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 1 subs. by act 1 of , s. 10, for section 30 w.e.f. .

section 26d. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 126d. right of enforcement of securities.notwithstanding anything contained in any other law for the time being in force, from the date of commencement of the provisions of this chapter, no secured creditor shall be entitled to exercise the rights of enforcement of securities under chapter iii unless the security interest created in its favour by the borrower has been registered with the central registry. 1. ins. by s. 18, ibid. w.e.f. .

section 26e. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 126e. priority to secured creditors.notwithstanding anything contained in any other law for the time being in force, after the registration of security interest, the debts due to any secured creditor shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the central government or state government or local authority. explanation.for the purposes of this section, it is hereby clarified that on or after the commencement of the insolvency and bankruptcy code, 31 of , in cases where insolvency or bankruptcy proceedings are pending in respect of secured assets of the borrower, priority to secured creditors in payment of debt shall be subject to the provisions of that code. 1. ins. by s. 18, ibid. w.e.f. .

section 30c. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 130c. appellate authority.1 the central board of reserve bank may designate such officer or committee of officers as it deems fit to exercise the power of appellate authority. 2 the appellate authority shall have power to pass such order as it deems fit after providing a reasonable opportunity of being heard to the person in default. 3 the appellate authority may, by an order stay the enforcement of the order passed by the adjudicating authority under section 30a, subject to such terms and conditions, as it deems fit. 4 where the person in default fails to comply with the terms and conditions imposed by order under subsection 3 without reasonable cause, the appellate authority may dismiss the appeal. 1. ins. by act 44 of , s. 21 w.e.f. .

section 28.. of the securitisation and reconstruction of financial assets and enforcement of security interest act : penalties for noncompliance of direction of reserve bank. omitted by the enforcement of security interest and recovery of debts laws and miscellaneous provisions amendment act, 44 of s. 20 w.e.f. .

section 31. of the securitisation and reconstruction of financial assets and enforcement of security interest act : the provisions of this act shall not apply to a a lien on any goods, money or security given by or under the indian contract act, 9 of or the sale of goods act, 3 of or any other law for the time being in force b a pledge of movables within the meaning of section 172 of the indian contract act, 9 of c creation of any security in any aircraft as defined in clause 1 of section 2 of the aircraft act, 24 of d creation of security interest in any vessel as defined in clause 55 of section 3 of the merchant shipping act, 44 of 1 f any rights of unpaid seller under section 47 of the sale of goods act, 3 of g 2any properties not liable to attachment excluding the properties specifically charged with the debt recoverable under this actor sale under the first proviso to subsection 1 of section 60 of the code of civil procedure, 5 of h any security interest for securing repayment of any financial asset not exceeding one lakh rupees i any security interest created in agricultural land j any case in which the amount due is less than twenty per cent. of the principal amount and interest thereon. 1. omitted by act 44 of , s. 22 w.e.f. . 2. subs. by act 30 of , s. 17, for any properties not liable to attachment w.e.f. .

section 29. of the securitisation and reconstruction of financial assets and enforcement of security interest act : if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules made thereunder, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 30a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 130a. power of adjudicating authority to impose penalty. 1 where any asset reconstruction company or any person fails to comply with any direction issued by the reserve bank under this act the adjudicating authority may, by an order, impose on such company or person in default, a penalty not exceeding one crore rupees or twice the amount involved in such failure where such amount is quantifiable, whichever is more, and where such failure is a continuing one, a further penalty which may extend to one lakh rupees for every day, after the first, during which such failure continues. 2 for the purpose of imposing penalty under subsection 1, the adjudicating authority shall serve a notice on the asset reconstruction company or the person in default requiring such company or person to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall be given to such person. 3 any penalty imposed under this section shall be payable within a period of thirty days from the date of issue of notice under subsection 2. 4 where the asset reconstruction company fails to pay the penalty within the specified period under subsection 3, the adjudicating authority shall, by an order, cancel its registration: provided that an opportunity of being heard shall be given to such asset reconstruction company before cancellation of registration. 5 no complaint shall be filed against any person in default in any court pertaining to any failure under subsection 1 in respect of which any penalty has been imposed and recovered by the reserve bank under this section. 6 where any complaint has been filed against a person in default in the court having jurisdiction no proceeding for imposition of penalty against that person shall be taken under this section. explanation.for the purposes of this section and sections 30b, 30c and 30d, i adjudicating authority means such officer or a committee of officers of the reserve bank, designated as such from time to time, by notification, by the central board of reserve bank ii person in default means the asset reconstruction company or any person which has committed any failure, contravention or default under this act and any person incharge of such company or such other person, as the case may be, shall be liable to be proceeded against and punished under section 33 for such failure or contravention or default committed by such company or person. 1. ins. by act 44 of , s. 21 w.e.f. .

section 30b. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 130b. appeal against penalties.a person in default, aggrieved by an order passed under subsection 4 of section 30a, may, within a period of thirty days from the date on which such order is passed, prefer an appeal to the appellate authority: provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within such period. 1. ins. by act 44 of , s. 21 w.e.f. .

section 30d. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 130d. recovery of penalties.1 any penalty imposed under section 30a shall be recovered as a recoverable sum and shall be payable within a period of thirty days fromthe date on which notice demanding payment of the recoverable sum is served upon the person in default and, in the case of failure of payment by such person within such period, the reserve bank may, for the purpose of recovery, a debit the current account, if any, of the person in default maintained with the reserve bank or by liquidating the securities, if any, held to the credit of such person in the books of the reserve bank b issue a notice to the person from whom any amount is due to the person in default, requiring such person to deduct from the amount payable by him to the person in default, such amount equivalent to the amount of the recoverable sum, and to make payment of such amount to the reserve bank. 2 save as otherwise provided in subsection 4, a notice issued under clause b of subsection 1 shall be binding on every person to whom it is issued, and, where such notice is issued to a post office, bank or an insurance company, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry or endorsement thereof before payment is made, notwithstanding any rule, practice or requirement to the contrary. 3 any claim in respect of any amount, arising after the date of issue of notice under subsection 1 shall be void as against the demand contained in such notice. 4 any person, to whom the notice is sent under subsection 1, objects to such notice by a statement on oath that the sum demanded or any part thereof is not due to the person in default or that he does not hold any money for or on account of the person in default, then nothing contained in this section shall be deemed to require, such person to pay such sum or part thereof, as the case may be. 5 where it is found that statement made by the person under subsection 4 is false in material particulars, such person shall be personally liable to the reserve bank to the extent of his own liability to the person in default on the date of the notice, or to the extent of the recoverable sum payable by the person in default to the reserve bank, whichever is less. 6 the reserve bank may, at any time, amend or revoke any notice issued under subsection 1 or extend the time for making the payment in pursuance of such notice. 7 the reserve bank shall grant a receipt for any amount paid to it in compliance with a notice issued under this section and the person so paying shall be fully discharged from his liability to the person in default to the extent of the amount so paid. 8 any person discharging any liability to the person in default after the receipt of a notice under this section shall be personally liable to the reserve bank a to the extent of his own liability to the person in default so discharged or b to the extent of the recoverable sum payable by the person in default to the reserve bank, whichever is less. 9 where the person to whom the notice is sent under this section, fails to make payment in pursuance thereof to the reserve bank, he shall be deemed to be the person in default in respect of the amount specified in the notice and action or proceedings may be taken or instituted against him for the realisation of the amount in the manner provided in this section. 10 the reserve bank may enforce recovery of recoverable sum through the principal civil court having jurisdiction in the area where the registered office or the head office or the principal place of business of the person in default or the usual place of residence of such person is situated as if the notice issued by the reserve bank were a decree of the court. 11 no recovery under subsection 10 shall be enforced, except on an application made to the principal civil court by an officer of the reserve bank authorised in this behalf certifying that the person in default has failed to pay the recoverable sum. 1. ins. by act 44 of , s. 21 w.e.f. .

section 31a. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 131a. power to exempt a class or classes of banks or financial institutions.1the central government may, by notification in the public interest, direct that any of the provisions of this act, a shall not apply to such class or classes of banks or financial institutions or b shall apply to the class or classes of banks or financial institutions with such exceptions, modifications and adaptations, as may be specified in the notification. 22 a copy of every notification proposed to be issued under subsection 1, shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days, and if, both houses agree in disapproving the issue of notification or both houses agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses. 3 in reckoning any such period of thirty days as is referred to in subsection 2, no account shall be taken of any period during which the house referred to in subsection 2 is prorogued or adjourned for more than four consecutive days. 4 the copies of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament. 1. ins. by act 1 of , s. 11 w.e.f. . 2. subs. by act 44 of , s. 23, for subsection 2 w.e.f. .

section 32. of the securitisation and reconstruction of financial assets and enforcement of security interest act : no suit, prosecution or other legal proceedings shall lie against 1the reserve bank or the central registry or any secured creditor or any of its officers for anything done or omitted to be done in good faith under this act. 1. subs. by act 44 of , s. 24, for any secured creditor or any of his officers or manager exercising any of the rights of the secured creditor or borrower w.e.f. .

section 33. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was incharge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 34. of the securitisation and reconstruction of financial assets and enforcement of security interest act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a debts recovery tribunal or the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act or under the recovery of debts due to banks and financial institutions act, 51 of .

section 35. of the securitisation and reconstruction of financial assets and enforcement of security interest act : the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

section 36. of the securitisation and reconstruction of financial assets and enforcement of security interest act : no secured creditor shall be entitled to take all or any of the measures under subsection 4 of section 13, unless his claim in respect of the financial asset is made within the period of limitation prescribed under the limitation act, 36 of .

section 37. of the securitisation and reconstruction of financial assets and enforcement of security interest act : the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1 of , the securities contracts regulation act, 42 of , the securities and exchange board of india act, 15 of , the recovery of debts due to banks and financial institutions act, 51 of or any other law for the time being in force.

section 38. of the securitisation and reconstruction of financial assets and enforcement of security interest act : show related subordinates 1 the central government may, by notification and in the electronic gazette as defined in clause s of section 2 of the information technology act, 21 of , make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a other business or commercial rights of similar nature under clause t of section 2 2aa the form and manner in which an application may be filed under subsection 10 of section 13 b the manner in which the rights of a secured creditor may be exercised by one or more of his officers under subsection 12 of section 13 3ba the fee for making an application to the debts recovery tribunal under subsection 1 of section 17 bb the form of making an application to the appellate tribunal under subsection 6 of section 17 bc the fee for preferring an appeal to the appellate tribunal under subsection 1 of section 18 1bca the manner of integration of records of various registration systems with the records of central registry under subsection 1 of section 20a bcb the terms and conditions of delegation of powers by the central government to the reserve bank under section 20b c the safeguards subject to which the records may be kept under subsection 2 of section 22 d the manner in which the particulars of every transaction of securitisation shall be filed under section 23 and fee for filing such transaction 1da the form for registration of different types of security interests and fee thereof under subsection 3 of section 23 e the fee for inspecting the particulars of transactions kept under section 22 and entered in the central register under subsection 1 of section 26 f the fee for inspecting the central register maintained in electronic form under subsection 2 of section 26 1fa the form and the manner for filing particulars of transactions under subsection 2 of section 26b fb the form and manner of filing attachment orders with the central registry and the date under subsection 4 of section 26b fc the form and manner of filing particulars of attachment order with the central registry and the fee under subsection 5 of section 26b g any other matter which is required to be, or may be, prescribed, in respect of which provision is to be, or may be, made by rules. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 44 of , s. 25 w.e.f. . 2. clause a renumbered as clause aa by s. 25, ibid. w.e.f. . 3. ins. by act 30 of , s. 18 w.e.f. .

section 42. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 the securitisation and reconstruction of financial assets and enforcement of security interest second ordinance, ord. 3 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 39. of the securitisation and reconstruction of financial assets and enforcement of security interest act : the provisions of subsections 2, 3 and 4 of section 20 and sections 21, 22, 23, 24, 25, 26 and 27 shall apply after the central registry is set up or cause to be set up under subsection 1 of section 20.

section 40. of the securitisation and reconstruction of financial assets and enforcement of security interest act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 41. of the securitisation and reconstruction of financial assets and enforcement of security interest act : the enactments specified in the schedule shall be amended in the manner specified therein.

section 8. of the manipur land revenue and land reforms act : it shall be lawful for the administrator to appoint one and the same person to any two or more of the offices provided for in this chapter, to make any appointment by virtue of office and also to confer on any officer of the government all or any of the powers and duties of any of the revenue officers including the deputy commissioner.

section 1. of the manipur land revenue and land reforms act : 1 this act may be called the manipur land revenue and land reforms act, . 2 it extends to the whole of the union territory of manipur except the hill areas thereof. 3 it shall come into force on such date as the administrator may, by notification in the official gazette, appoint and different dates may be appointed for different areas and for different provisions of this act.

section 2. of the manipur land revenue and land reforms act : in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of manipur b agriculture includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding and grazing and pisciculture c basic holding means land used for agricultural purposes which is equal to 2.5 acres in area d commencement of this act, in relation to any provision, means the date specified in respect of that provision in a notification under subsection 3 of section 1 e competent authority, in relation to any provision, means any officer appointed by the administrator to be the competent authority for the purposes of that provision f deputy commissioner means the deputy commissioner of the district and includes any officer appointed by the administrator to exercise and perform all or any of the powers and functions of a deputy commissioner under this act g family, except in chapter xi, means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a joint hindu family, any member of such family h family holding means land used for agricultural purposes which is equal to 7.5 acres in area i government means the central government j hill areas means such areas in the hill tracts of the union territory of manipur as the administrator may, by notification in the official gazette, declare to be hill areas k holding means a parcel of land separately assessed to land revenue l improvement, in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the character thereof, and includes i the construction of tanks, wells, water channels and other works for the storage, supply and distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture ii the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water iii the preparation of land for irrigation iv the conversion of onecrop into twocrop land v the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes vi the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the tenant, his family and servants or of a cattle shed, a storehouse or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land and vii the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs m land owner, in relation to any land, means a person who acquires rights of ownership in respect of such land under subsection 1 of section 99 and includes the successorsininterest of such person n minor means a person who is deemed not to have attained majority under the indian majority act, 9 of o official gazette means the manipur gazette p pay, payable, and payment, used with reference to rent, include deliver, deliverable and delivery q person under disability means i a widow ii a minor iii a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under iv or v iv a member of the armed forces of the union v a person incapable of cultivation by reason of physical or mental disability r personal cultivation with its grammatical variations and cognate expressions means cultivation by a person on his own account i by his own labour, or ii by the labour of any member of his family, or iii by servants or by hired labour on wages payable in cash or in kind but not as a share of produce under his personal supervision or the personal supervision of any member of his family explanation i.land shall not be deemed to be cultivated under the personal supervision of a person unless such person or member resides in the village in which the land is situated or in a nearby village, within a distance to be prescribed, during the major part of the agricultural season explanation ii.in the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision s prescribed means prescribed by rules made under this act t public purpose includes a purpose connected with settlement of land with cultivators, tenants ejected as a result of resumption, landless agricultural workers or cooperative farming societies u rent means whatever is lawfully payable, in cash or in kind or partly in cash and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue v tenant means a person who cultivates or holds the land of another person under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of another person on payment of lousal or under the system generally known as bhag, adhi or barga w village means any tract of land which before the commencement of this act was recognised as or was declared to be a village under any law for the time being in force or which may after such commencement be recognised as a village at any settlement or which the administrator may, by notification in the official gazette, declare to be a village x year means the agricultural year commencing on such date as the administrator may, in the case of any specified area, by notification in the official gazette, appoint.

section 9. of the manipur land revenue and land reforms act : all appointments made under this chapter except appointments of revenue inspectors and village accountants and other village officers and servants shall be notified in the official gazette.

section 10. of the manipur land revenue and land reforms act : the administrator shall, from time to time, by notification in the official gazette, specify the revenue officers who shall use a seal and also the size and description of the seal which each such officer shall use.

section 4. of the manipur land revenue and land reforms act : the government or such officer as may be authorised by the government in this behalf, may appoint the following classes of revenue officers, namely: a deputy commissioner b additional deputy commissioner c director of settlement and land records d subdivisional officers e extraassistant commissioners f survey and settlement officers g assistant survey and settlement officers h subdeputy collectors i revenue inspectors j amins k such other village officers and servants as may be appointed by rules made under this act.

section 6. of the manipur land revenue and land reforms act : the officers specified in terms c, f and g of section 4 shall have power to take cognizance of all matters connected with the survey of land and the settlement of revenue rates and the preparation and maintenance of land records and other registers and shall exercise all such powers and perform all such powers and perform all such duties as may be prescribed by any general or special order of the administrator published in the official gazette.

section 5. of the manipur land revenue and land reforms act : 1 each district shall be placed under the charge of a deputy commissioner who shall be in charge of the revenue administration of the district and exercise the powers and discharge the duties of the deputy commissioner under this act or any other law for the time being in force and shall exercise so far as is consistent therewith such other powers of superintendence and control within the district and over the officers subordinate to him as may from time to time be prescribed. 2 the additional deputy commissioner shall exercise all such powers and perform all such duties of the deputy commissioner or other revenue officer as the administrator may specify by notification in the official gazette. 3 each subdivision shall be placed under the charge of a subdivisional officer. 4 the extraassistant commissioners shall exercise all such powers and perform all such duties of the deputy commissioner or other revenue officer as the administrator may specify by notification in the official gazette. 5 each tehsil shall be placed under the charge of a subdeputy collector. 6 the duties and powers of the subdivisional officers, the subdeputy collectors and other revenue officers shall be such as may be imposed or conferred on them by or under this act or any other law in force for the time being or any general or special order of the administrator published in the official gazette.

section 7. of the manipur land revenue and land reforms act : all revenue officers shall be subordinate to the administrator and all revenue officers in the district or a subdivision shall be subordinate to the deputy commissioner or the subdivisional officer, as the case may be.

section 3. of the manipur land revenue and land reforms act : 1 the administrator may, with the previous concurrence of the government, by notification in the official gazette, divide the territories to which this act extends into one or more districts, and may similarly divide any district into subdivisions and tehsils, and may alter the limits of, or abolish, any district, subdivision or tehsil. 2 the districts, subdivisions and tehsils exiting at the commencement of this act shall continue respectively to be the districts, subdivisions and tehsils under this act unless otherwise provided under subsection 1.

section 18. of the manipur land revenue and land reforms act : every holder of land paying land revenue in respect thereof shall entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof, not being less than one acre in extent, is lost by diluvion.

section 11. of the manipur land revenue and land reforms act : 1 all lands, public roads, lanes and paths and bridges, ditches, dikes and fences on o beside the same, the beds of rivers, streams, nallahs, lakes and tanks, and all canals and water courses, and all standing and flowing water, and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the government. 2 unless it is otherwise expressly provided in the terms of a grant made by the government, the right to mines, minerals and mineral products shall vest in the government, and it shall have all the powers necessary for the proper enjoyment of such rights. 3 where any property or any right in or over any property is claimed by or on behalf of the government or by any person as against the government and the claim is disputed, such dispute shall be decided by the deputy commissioner whose order shall subject to the provisions of the act, be final. 4 any person aggrieved by an order made under subsection 3 or in appeal or revision therefrom may institute a civil suit to contest the order within a period of six months from the date of such order, and the decision of the civil court shall be binding on the parties.

section 12. of the manipur land revenue and land reforms act : 1 the right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, vests in the government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be prescribed, keeping in view the interests of the people in the area with regard to the user of the natural products. 2 all roadside trees which have been planted and reared by or under the orders or at the expense of the government and all trees which have been planted and reared at the expense of local authorities by the side of any road belonging to the government vest in the government.

section 14. of the manipur land revenue and land reforms act : 1 the deputy commissioner may allot land belonging to the government for agricultural purposes or for construction of dwelling houses, in accordance with such rules as may be made in this behalf under this act and such rules may provide for allotment of land to persons evicted under section 15. 2 the administrator shall have power a to allot any such land for the purpose of an industry or for any purpose of public utility on such conditions as may be prescribed, or b to entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force.

section 17. of the manipur land revenue and land reforms act : all alluvial lands, newly formed islands, or abandoned river beds, which vest under any law for the time being in force in any holder of land shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds unless the area of the same exceeds one acre.

section 13. of the manipur land revenue and land reforms act : subject to rules made in this behalf under this act, the deputy commissioner may set apart land belonging to the government for pasturage for the village cattle, for forest reserves or for any other purpose.

section 21. of the manipur land revenue and land reforms act : the administrator may, in accordance with the rules made in this behalf under this act, grant a remission or suspension of land revenue in years in which crops have failed in any area.

section 16. of the manipur land revenue and land reforms act : 1 all lands, to whatever purpose applied, are liable to payment of land revenue to the government. 2 the administrator may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force or the rules made under this act.

section 23. of the manipur land revenue and land reforms act : every revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same.

section 15. of the manipur land revenue and land reforms act : 1 any person who occupies or continues to occupy any land belonging to government without lawful authority shall be regarded as a trespasser and may be summarily evicted therefrom by the competent authority and any building or other construction erected or anything deposited on such land, if not removed within such reasonable time as such authority may from time to time fix for the purpose, shall be liable to be forfeited to the government and to be disposed of in such manner as the competent authority may direct: provided that the competent authority may, in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof. 2 such trespasser shall also be liable by way of penalty to pay a sum which may extend to six times the annual assessment on such land as may be specified by the competent authority and such sum shall be recoverable in the same manner as an arrear of land revenue. 3 upon payment of the penalty referred to in subsection 2, the trespasser shall have the right of tending, gathering and removing any ungathered crops.

section 24. of the manipur land revenue and land reforms act : the operations carried out in accordance with the provisions of this chapter in order to determine or revise the land revenue payable on lands in any local area called a revenue survey, the results of the operations are called a settlement and the period during which such results are to be in force is called the term of settlement.

section 19. of the manipur land revenue and land reforms act : 1 the assessment of land revenue on any land shall be made or deemed to have been made with respect to the use of the land a for purposes of agriculture, b for industrial or commercial purposes, c as sites for dwelling houses, and d for any other purpose. 2 where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate in accordance with rules made under this act.

section 26. of the manipur land revenue and land reforms act : whenever the administrator thinks it expedient so to do, he may, with the approval of the government, by notification in the official gazette, direct the revenue survey of any local area with a view to the settlement of the land revenue and to the preparation of a record of rights connected therewith or the revision of any existing settlement or record of rights.

section 20. of the manipur land revenue and land reforms act : 1 if any person holding land for any purpose wishes to divert such land or any part thereof to any other purpose except agriculture, he shall apply for permission to the competent authority which may, subject to the provisions of this section and to the rules made under this act, refuse permission or grant it on such conditions as it may think fit. 2 permission to divert may be refused by the competent authority only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under subsection 3. 3 conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure, in addition, that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality. 4 if any land has been diverted without permission by the holder or by any other person with or without the consent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding one hundred rupees, and may proceed in accordance with the provisions of subsection 1 as if an application for permission to divert had been made. 5 if any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing subsections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. the competent authority may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and a further penalty not exceeding four rupees for each day during which such contravention continues. explanation.diversion in this section means using land assessed to one purpose for any other purpose, but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.

section 22. of the manipur land revenue and land reforms act : 1 the following persons shall be primarily liable for the payment of land revenue assessed on land, namely: a the person to whom the land belongs and b the tenant or any other person in possession of the land, provided that such tenant or other person shall be entitled to credit from the owner of the land, for the amount paid by him. 2 where there are two or more persons liable to pay land revenue under subsection 1, all of them shall be jointly and severally liable for its payment.

section 28. of the manipur land revenue and land reforms act : subject to the rules made in this behalf under this act, the survey officer may a divide the lands to which the revenue survey extends into survey numbers and group the survey numbers into villages and b recognise the existing survey numbers, reconstitute them or form new survey numbers.

section 25. of the manipur land revenue and land reforms act : 1 as soon as may be after the commencement of this act, the administrator shall take steps to institute and shall cause to be constantly maintained, in accordance with rules made under this act, an inquiry into the profits of agriculture and into the value of land used for agricultural and nonagricultural purposes. 2 for the purpose of determining the profits of agriculture, the following matters shall be taken into account in estimating the cost of cultivation, namely: a the depreciation of stock and buildings b the money equivalent of the labour and supervison by the cultivator and his family c all other expenses usually incurred in the cultivation of the land which is under inquiry and d interest on the cost of buildings and stock, on all expenditure for seed and manure and on the cost of agricultural operations paid for in cash.

section 27. of the manipur land revenue and land reforms act : a survey officer deputed to conduct or take part in any revenue survey may, by special order or by general notice to be published in the prescribed manner, require the attendance of holders of lands to assist in the measurement or classification of the lands to which the revenue survey extends and, when hired labour is employed for purposes incidental to the revenue survey, may assess and apportion the cost thereof on the lands surveyed, for collection as land revenue due on such lands.

section 33. of the manipur land revenue and land reforms act : 1 the settlement officer shall prepare a table of revenue rates in the prescribed form and publish it in the prescribed manner for the prescribed period. 2 any person objecting to any entry in the table of revenuerates may present a petition in writing to the settlement officer within the prescribed period and the settlement officer shall consider such objections after giving a hearing to the objector. 3 the settlement officer shall submit the table of revenuerates to the administrator together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of the proposals.

section 30. of the manipur land revenue and land reforms act : the administrator may at any time direct the determination or the revision of the revenuerates for all lands in any area of which a revenue survey has been made.

section 35. of the manipur land revenue and land reforms act : the table of revenuerates published under section 34 shall be incorporated in and form part of the settlement register of the village.

section 31. of the manipur land revenue and land reforms act : it shall be the duty of the survey officer or the settlement officer on the occasion of making or revising a settlement of land revenue to prepare a register to be called the settlement register, showing the area and assessment of each survey number, with any other particulars that may be prescribed, and other records in accordance with such orders as may from time to time be made in this behalf by the administrator.

section 29. of the manipur land revenue and land reforms act : the survey officer may subdivide survey numbers into as many subdivisions as may be required in the manner prescribed.

section 32. of the manipur land revenue and land reforms act : for the purpose of determining the revenuerates, the settlement officer may divide any area into units and in forming such units, he shall have regard to the physical features, the agricultural and economic conditions and trade facilities and communications and shall then determine the revenuerates for different classes of lands in each unit in the manner and according to the principles prescribed and in particular, in the case of agricultural land, to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages and in the case of nonagricultural land, to the value of the land for the purpose for which it is held.

section 37. of the manipur land revenue and land reforms act : 1 when the table of revenuerates for any area has been finally published, the rates specified therein shall remain in force for a period of thirty years. 2 notwithstanding anything contained in subsection 1, a revenuerates may be altered or revised in any year after the expiry of every ten years from the date on which the table of revenuerates was introduced, in such manner and to such extent as may be prescribed b when the circumstances of a local area are such that a fresh determination of the revenuerates is in the opinion of the administrator inexpedient, he may extend the term of settlement by such further period as he may think necessary.

section 34. of the manipur land revenue and land reforms act : 1 the administrator may confirm the table of revenuerates submitted to him by the settlement officer with such modifications, if any, as he may consider necessary. 2 the table of revenuerates confirmed under subsection 1 shall be finally published in the official gazette.

section 36. of the manipur land revenue and land reforms act : when the revenuerates are determined under this chapter in respect of any area, such rates shall take effect from the beginning of the year next after the date of final publication of the table of revenuerates under section 34.

section 38. of the manipur land revenue and land reforms act : 1 the settlement officer shall calculate the assessment on each holding in accordance with the revenuerates confirmed and finally published under section 34 and such assessment shall be the fair assessment. 2 the settlement officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are held with liability to pay full land revenue or land revenue at concessional rates or are held revenuefree. 3 the fair assessment of all lands shall be calculated in accordance with rules made in this behalf and having regard to the following principles, namely: a no regard shall be had to any claim to hold land on privileged terms b regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases to the sale prices of land and to the principal monies on mortgages, and in the case of nonagricultural land, to the value of the land for the purpose for which it is held c where any improvement has been effected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made.

section 45. of the manipur land revenue and land reforms act : the survey officer may, on application made to him in this behalf or on his own motion, within one year from the date of final publication of the record of rights, correct any entry in such record which he is satisfied has been made owing to a bona fide mistake.

section 39. of the manipur land revenue and land reforms act : notwithstanding anything contained in this chapter, the administrator may direct that any land in respect of which the rate of revenue has been determined shall be liable to be assessed to additional land revenue during the term of settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the table of revenuerates came into force and not effected by or at the expense of the holder of the land.

section 40. of the manipur land revenue and land reforms act : notwithstanding anything contained in this chapter, all survey operations commenced under any law for the time being in force and continuing at the commencement of this act shall be deemed to have been commenced and to be continuing under the provisions of this chapter, and all revenuerates in force at such commencement shall be deemed to have been determined and introduced in accordance with the provisions of this chapter and shall remain in force until the introduction of revised revenuerates and such revised revenuerates may be introduced at any time, notwithstanding anything contained in section 37.

section 41. of the manipur land revenue and land reforms act : 1 the powers and duties exercisable by the officers referred to in section 6 may also be exercised, during the term of settlement, by the deputy commissioner or such other revenue officer as may be specified by the administrator for the purpose by notification in the official gazette. 2 the deputy commissioner may at any time during the term of settlement correct any error in the area or the assessment of any survey number or subdivision due to a mistake of survey or arithmetical miscalculation: provided that no arrear of land revenue shall become payable by reason of such correction.

section 42. of the manipur land revenue and land reforms act : it shall be the duty of the survey officer to prepare a record of rights for each village showing the area of each survey number and other particulars and any other record or register, in accordance with the rules made under this act.

section 44. of the manipur land revenue and land reforms act : the civil courts shall have jurisdiction to decide any dispute to which the government is not a party relating to any right or entry which is recorded in the record of rights.

section 43. of the manipur land revenue and land reforms act : 1 when a record of rights has been prepared, the survey officer shall publish a draft of the record in such manner and for such period as may be prescribed and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication. 2 when all objections have been considered and disposed of in accordance with the rules made in this behalf, the survey officer shall cause the record to be finally published in the prescribed manner. 3 every entry in the record of rights as finally published shall, until the contrary is proved, be presumed to be correct.

section 46. of the manipur land revenue and land reforms act : 1 there shall be maintained for every village a register of mutations in such form and in such manner as may be prescribed. 2 any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property, shall report his acquisition of such right to the competent authority within three months from the date of such acquisition and such authority shall give at once a written acknowledgement in the prescribed form for such report to the person making it. 3 the competent authority shall enter the substance of every report made to it under subsection 2 in the register of mutations and also make an entry therein respecting the acquisition of any right of the kind mentioned in subsection 2 which it has reason to believe to have taken place and of which a report has not been made under the said subsection and, at the same time, shall post up a complete copy of the entry in a conspicuous place in the village and shall give written intimation to all persons appearing from the record of rights or the register of mutations to be interested in the mutations and to any other person whom it has reason to believe to be interested therein. 4 should any objection to any entry made under subsection 3 in the register of mutations be made either orally or in writing to the competent authority, the particulars shall be entered in the register of disputed cases and the competent authority shall at once give a written acknowledgement in the prescribed form for the objection to the person making it. 5 the objections made under subsection 4 shall be decided on the basis of possession by the competent authority and orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutations by the competent authority. 6 after the entries in the register of mutations have been tested and found correct, the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf.

section 47. of the manipur land revenue and land reforms act : the deputy commissioner may, if he is of opinion that any person has wilfully neglected to make the report required by section 46 within the prescribed period, impose on such person a penalty not exceeding twentyfive rupees.

section 48. of the manipur land revenue and land reforms act : subject to the rules made under this act, a any revenue officer may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this chapter, exercise any of the powers of the survey officer under section 27 except the power of assessing the cost of hired labour and b any revenue officer not below the rank of subdivisional officer may assess the cost of the preparation or revision of such maps or plans and all expenses incidental thereto and such of costs and expenses shall be recoverable in the same manner as an arrear of land revenue.

section 53. of the manipur land revenue and land reforms act : 1 the settlement of a boundary under this chapter shall be determinative a of the proper position of the boundary line or boundary marks, and b of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings. 2 where a boundary has been so fixed, the deputy commissioner may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.

section 49. of the manipur land revenue and land reforms act : certified copies of entries in the record of rights may be granted by such officers and on payment of such fees as may prescribed.

section 50. of the manipur land revenue and land reforms act : subject to such rules and on payment of such fees, if any, as may be prescribed, all maps and land records shall be open to inspection by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same.

section 51. of the manipur land revenue and land reforms act : when a local area is under settlement, duty of maintaining the maps and records may, under the orders of the administrator, be transferred from the deputy commissioner to the settlement officer.

section 52. of the manipur land revenue and land reforms act : the boundaries of villages, survey numbers, subdivisions and fields shall be fixed and all disputes relating thereto shall be determined by survey officers or by such other officers as may be appointed by the administrator for the purpose, in accordance with the rules made in this behalf.

section 58. of the manipur land revenue and land reforms act : any person wilfully erasing, removing or injuring a boundary mark shall be liable to such penalty not exceeding fifty rupees as the competent authority may impose.

section 59. of the manipur land revenue and land reforms act : land revenue assessed on any land shall be the first charge on that land and on the crops, rents and profits thereof.

section 54. of the manipur land revenue and land reforms act : it shall be lawful for any survey officer authorised in this behalf to specify or cause to be constructed, laid out, maintained or repaired, boundary marks of villages or survey numbers or subdivisions and to assess all charges incurred thereby on the holders or others having an interest therein.

section 55. of the manipur land revenue and land reforms act : the boundary marks shall be of such description and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, subject to rules made under this act, be determined by the deputy commissioner or other officer appointed for the purpose.

section 56. of the manipur land revenue and land reforms act : every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding and for any charge reasonably incurred on account of the same by the revenue officers in case of alteration, removal or disrepair. it shall be the duty of the village officers and servants to prevent the destruction or unauthorised alteration of the village boundary marks.

section 57. of the manipur land revenue and land reforms act : after the introduction of survey and settlement in a district, the charge of the boundary marks shall devolve on the deputy commissioner, and it shall be his duty to take measures for their construction, laying out, maintenance and repair

section 61. of the manipur land revenue and land reforms act : 1 any installment of land revenue or part thereof which is not paid on the due date shall become an arrear of land revenue and the persons responsible for the payment become defaulters. 2 a statement of account certified by the subdeputy collector shall, for the purpose of this chapter, be conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter: provided that nothing in this subsection shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate proceedings before the competent authority.

section 60. of the manipur land revenue and land reforms act : land revenue shall be payable at such times, in such installments, to such persons, and at such places, as may be prescribed.

section 62. of the manipur land revenue and land reforms act : an arrear of land revenue may be recovered by any one or more of the following processes, namely: a by serving a written notice of demand on the defaulter b by distraint and sale of the defaulters movable property, including the produce of the land c by the attachment and sale of the defaulters immovable property.

section 63. of the manipur land revenue and land reforms act : the form and contents of the notice of demand and the officers by whom such notice shall be issued shall be such as may be prescribed.

section 67. of the manipur land revenue and land reforms act : all sales of property, movable or immovable, under this chapter shall be by public auction held in accordance with such rules as may be prescribed.

section 64. of the manipur land revenue and land reforms act : 1 the distraint and sale of the movable property of a defaulter shall be made by such officers or class of officers, in such manner and in accordance with such procedure, as may be prescribed. 2 nothing in subsection 1 shall be deemed to authorised the distraint or sale of any property which, under the code of civil procedure, 5 of , is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use.

section 65. of the manipur land revenue and land reforms act : 1 when the deputy commissioner is of opinion that the processes referred to in clauses a and b of section 62 are not sufficient for the recovery of an arrear, he may, in addition to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached and sold in the prescribed manner. 2 the deputy commissioner may also cause the right, title and interest of defaulter in any other immovable property to be similarly attached and sold.

section 68. of the manipur land revenue and land reforms act : no officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid or acquire any property except on behalf of the government.

section 66. of the manipur land revenue and land reforms act : 1 before effecting the sale of any land or other immovable property under the provisions of this chapter, the deputy commissioner or other officer empowered in this behalf shall issue such notices and proclamations, in such form, in such manner and containing such particulars, as may be prescribed the notices and proclamations shall also be published in such manner as may be prescribed. 2 a copy of every notice or proclamation issued subsection 1 shall be served on the defaulter.

section 75. of the manipur land revenue and land reforms act : 1 the deputy commissioner shall order the refund and payment to the purchaser, of a the amounts deposited by him under section 71 and b the sum equal to 5 per cent. of the purchase money deposited under clause b of section 73 if the sale is not confirmed or is set aside. 2 the deputy commissioner shall order the refund and payment of all monies deposited under clause b of section 73 to the person who made the deposit, if the sale is confirmed: provided that the deputy commissioner may set off the whole or any part of any such monies against any arrear of land revenue or any other amount recoverable as an arrear of land revenue, which may be outstanding against the person who made the deposit.

section 71. of the manipur land revenue and land reforms act : in all cases of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25 per cent. of the amount of his bid, and the balance within fifteen days of the date of sale.

section 70. of the manipur land revenue and land reforms act : every sale of property, movable or immovable, under the provisions of this chapter shall, as far as may be practicable, be proportionate to the amount of the arrear of land revenue to be recovered together with the interest thereon and the expenses of attachment and sale.

section 69. of the manipur land revenue and land reforms act : perishable articles shall be sold by auction with the least possible delay and such shall be finally concluded by the office conducting the sale.

section 74. of the manipur land revenue and land reforms act : if, on the expiration of 30 days from the date of sale of any immovable property or of the further period, if any, allowed under section 73, no application has been made for setting aside the sale, or if any such application has been made and rejected, the deputy commissioner shall make an order confirming the sale unless, for reasons to be recorded, the deputy commissioner sets aside the sale notwithstanding that no application therefor has been made.

section 73. of the manipur land revenue and land reforms act : where immovable property has been sold under this chapter, the defaulter, or any person owning such property or holding an interest therein, may, at any time, within thirty days of the date of sale or within such further period not exceeding thirty days as the deputy commissioner may for sufficient cause allow, apply in the prescribed manner to the deputy commissioner to have the sale set aside a on the ground of some material irregularity or mistake or fraud resulting in substantial loss or injury to him, or b on his depositing in the deputy commissioners office the amount of the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser a sum equal to five per cent. of the purchase money.

section 72. of the manipur land revenue and land reforms act : 1 in default of the payment of deposit referred to in section 71, the property shall be put up for resale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder. 2 in default of payment of the balance of the bid amount within the period prescribed in section 71, the deposit after defraying therefrom the expenses of the sale shall be forfeited to the government and the property shall be resold. 3 where the proceeds of the resale are less than the price bid by such defaulting purchaser, the difference shall also be recoverable from him in the same manner as an arrear of land revenue.

section 77. of the manipur land revenue and land reforms act : the proceeds of the sale of any property under this chapter shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.

section 76. of the manipur land revenue and land reforms act : when a sale held under this chapter is confirmed, the deputy commissioner shall put the person declared to be the purchaser in possession of the property and shall grant him a certificate in the prescribed form to the effect that he has purchased the property specified therein, and such certificate shall be deemed to be a valid transfer of such property.

section 82. of the manipur land revenue and land reforms act : except for reasons to be recorded in writing, no revenue officer shall inquire into or hear any case at any place outside the local limits of his jurisdiction: provided that a subdivisional officer may inquire into or hear any case at the headquarters of the district to which he is appointed.

section 78. of the manipur land revenue and land reforms act : the person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.

section 83. of the manipur land revenue and land reforms act : all revenue officers and persons acting under their orders may, enter upon and survey any land and demarcate boundaries and do all other acts necessary for the purpose of discharging their duties under this act or any other law for the time being in force and in so doing, shall cause no more damage than the circumstances of the case may require.

section 79. of the manipur land revenue and land reforms act : when the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the deputy commissioner may, if he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the said land is paid, whether the date fixed for the payment of the same has arrived or not.

section 80. of the manipur land revenue and land reforms act : the following monies may be recovered under this act in the same manner as an arrear of land revenue, namely: a rent, fees and royalties due to the government for use or occupation of land or water or any product of land b all monies falling due to the government under any grant, lease or contract which provides that they shall be recoverable as an arrear of land revenue c all sums declared by this act or any other law for the time being in force to be recoverable as an arrear of land revenue.

section 84. of the manipur land revenue and land reforms act : 1 the administrator may transfer any case or class of cases arising under this act or any other law for the time being in force from any revenue officer to any other revenue officer competent to deal with it. 2 the deputy commissioner or a subdivisional officer may transfer any case or class of cases arising under this act or any other law for the time being in force for inquiry or decision from his own file or from the file of any revenue officer subordinate to him to the file of any other revenue officer subordinate to him competent to deal with such case or class of cases.

section 81. of the manipur land revenue and land reforms act : 1 a revenue officer, while exercising power under this act or any other law for the time being in force to inquire into or to decide any question arising for determination between the government and any person or between parties to any proceedings, shall be a revenue court. 2 nothing in this act shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the revenue court.

section 87. of the manipur land revenue and land reforms act : 1 if, on the date fixed for hearing a case or proceeding, a revenue officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed for default of payment of such process fees. 2 if any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing, the case or proceeding may be heard and determined in his absence or may be dismissed for default. 3 the party against whom any order is passed under subsection 1 or 2 may apply, within thirty days from the date of such order, to have it set aside on the ground that he was prevented by sufficient cause from paying the requisite process fees or from appearing at the hearing and the revenue officer may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside the order passed.

section 91. of the manipur land revenue and land reforms act : all appearances before, applications to and acts to be done before, any revenue officer under this act or any other law for the time being in force may be made or done by the parties themselves or by their authorised agents or by any legal practitioner: provided that any such appearance shall, if the revenue officer so directs, be made by the party in person.

section 86. of the manipur land revenue and land reforms act : if any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 85 may a issue a bailable warrant of arrest b order him to furnish security for appearance or c impose upon him a fine not exceeding rupees twenty.

section 85. of the manipur land revenue and land reforms act : 1 every revenue officer not lower in rank than a subdeputy collector acting as a revenue court shall have power to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to produce any document, for the purpose of any inquiry which such officer is legally empowered to make and all persons so summoned shall be bound to attend either in person or by an authorised agent as such officer may direct, and to produce such documents as may be required. 2 every summons shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in such manner as may be prescribed.

section 93. of the manipur land revenue and land reforms act : 1 save as otherwise expressly provided, an appeal shall lie from every original order passed under this act, a if such an order is passed by an officer subordinate to the subdivisional officer, to the subdivisional officer b if such an order is passed by the subdivisional officer, to the deputy commissioner c if such an order is passed by the deputy commissioner, to the administrator d if such an order is passed by an assistant survey and settlement officer, to the survey and settlement officer or to a revenue officer notified by the administrator in the official gazette to be the appellate authority and e if such an order is passed by a survey and settlement officer, to the director of settlement and land records or to a revenue officer notified by the administrator in the official gazette to be the appellate authority. 2 a second appeal shall lie against any order passed in first appeal, a if such an order is passed under clause a of subsection 1, to the deputy commissioner b if such an order is passed under clause b of subsection 1, to the administrator c if such an order is passed under clause d of subsection 1, to the director of settlement and land records or to a revenue officer notified by the administrator in the official gazette to be the second appellate authority and d if such an order is passed under clause e of subsection 1, to the administrator.

section 88. of the manipur land revenue and land reforms act : 1 a revenue officer may, from time to time, for reasons to be recorded, adjourn the hearing of a case or proceeding before him. 2 the date and place of an adjourned hearing shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

section 90. of the manipur land revenue and land reforms act : where any order is passed under the provisions of this act directing any person to deliver possession of land or directing the eviction of any person from land, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such authority, in accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.

section 89. of the manipur land revenue and land reforms act : a revenue officer may direct the parties to pay the cost incurred in any case before him and also apportion the cost among the parties in such manner and to such extent as he may think fit.

section 98. of the manipur land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the manner of appointment of revenue officers, survey officers and settlement officers, and other village officers and servants, their powers and duties, the official seals, if any, to be used by them and the size and description of the seals b the deputy commissioners powers of superintendence and control over other officers c the officers who should hear and decide disputes regarding rights in or over any property claimed by or against the government and the procedure to be followed by them d the disposal of government lands by assignment or grant to individuals or to public purposes and the terms and conditions subject to which such assignments or grants may be made e the preservation and disposal of trees, brush wood jungle and other natural products on government land and the recovery of the value of trees or other natural product unauthorisedly appropriated by persons f the procedure for summary eviction of trespassers on government land g the alteration and revision of the land revenue in cases of alluvion or diluvion or of diversion of land for purposes other than agriculture h the grant of permission to use agricultural land for nonagricultural purposes i the determination of additional rates for use of water j the circumstances in which remission or suspension of revenue may be made and the rate of such remission or suspension k the form of receipt for payment of land revenue l the conduct of surveys and settlements of land revenue m the manner of estimating the cost of cultivation and other expenses in relation to the inquiry into profits of agriculture n the division of survey numbers into subdivisions and the assessment of subdivisions o the statistical, fiscal and other records and registers to be prepared and maintained under this part p the manner in which the costs and expenses incidental to revenue survey or the construction, repair and maintenance of boundary marks shall be determined and appointed between persons who are liable to bear the same q the fixing, construction, laying out, maintenance and repair of boundary marks, and the settlement of disputes relating thereto r the division of areas into units for determining the revenuerates and the preparation of the table of revenuerates s the preparation and the preliminary and final publication of the record of rights and the table of revenuerates t the hearing and disposal of objections to any entry or omission in the table of revenuerates, the record of rights, and the register of mutations u the manner and extent of alteration or revision of revenuerates during the term of settlement v the correction of bona fide errors and mistakes in the revenue records, registers and maps prepared under this part w the manner in which the average yield of crops of land shall be ascertained x the manner of holding inquiries by revenue officers under this part y the application of the provisions of the code of civil procedure, 5 of , to cases and proceedings before a revenue court z the form of summons and other processes, notices, orders and proclamations to be issued or made by revenue officers and the manner of their service aa the procedure for the attachment and sale of property and the confirmation and the setting aside of sales of immovable property under chapter vii bb the manner of publication of notices and proclamations of attachment and sale of property cc the manner in which the cost and expenses incidental to the attachment and sale of property shall be determined dd the manner of payment of deposit and of the purchases money of property sold for arrears of land revenue ee the circumstances in which precautionary measures for securing the land revenue under section 79 may be taken ff the procedure for the transfer of cases from one revenue officer to another gg the manner of preferring appeals or applications for revision or review, the documents to accompany the memorandum of appeal or such application and the fee, if any, liable therefor hh the grant of certified copies and the payment of fees for inspection and grant of certified copies of revenue records and registers ii the mode of execution of any orders directing any person to deliver possession of land or to be evicted from land, including the use of force for securing compliance with such order jj any other matter that is to be or may be prescribed.

section 92. of the manipur land revenue and land reforms act : any revenue officer by whom an order was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any error or omission not affecting a material part of the case or proceeding, after such notice to the parties as he may consider necessary.

section 94. of the manipur land revenue and land reforms act : 1 no appeal shall lie, a in the case of first appeal, after the expiry of thirty days from the date of the order appealed against and b in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against. 2 in computing the above periods, the time required to obtain copies of the order appealed against shall be excluded.

section 95. of the manipur land revenue and land reforms act : the administrator or the deputy commissioner may, at any time, either on his own motion or on the application of any party, call for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit: provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard.

section 100. of the manipur land revenue and land reforms act : 1 every person who has become a landowner under subsection 1 of section 99 shall a have permanent, heritable and transferable rights in the land b be entitled by himself, his servants, tenants, agents or other representatives to erect farm buildings, construct wells or tanks or make any other improvements thereon for the better cultivation of the land or its convenient use c be entitled to plant trees on the land, to enjoy the products thereof and to fell, utilise or dispose of the timber of any trees on the land. 2 nothing in subsection 1 shall entitle a landowner to use his land to the detriment of any adjoining land which is not his or in contravention of the provisions of any other law for the time being in force applicable to such land.

section 99. of the manipur land revenue and land reforms act : 1 every person who, at the commencement of this act, holds any land from the government for agricultural purposes, whether as a settlementholder or as a pattadar and his successorsininterest shall, subject to the provisions of subsection 2, become the owner thereof as and from such commencement. 2 no rights shall accrue under subsection 1 in respect of lands which i are a part of the bed of a river, a nallah, a stream or a public tank, or ii have been acquired by the government for any purpose according to the provisions of any law in force for the time being relating to acquisition of land, or iii have been used at any time during the five years immediately preceding the commencement of this act for any public, community or village purpose, or iv are declared by the administrator by notification in the official gazette as reserved or required for any public, community or village purpose. 3 objections to the accrual of rights under subsection 1 may be filed before the competent authority within such time and in such form and manner as may be prescribed by any person who has interest or claims to have an interest in the land either in his individual capacity or as a member of the village or community. 4 should any objection be made under subsection 3, the competent authority shall inquire into the objection in such manner as may be prescribed and decide the same. 5 subject to the provisions of this act, the decision of the competent authority shall be final. 6 every person who, at the commencement of this act, holds land from the government for a purpose other than agriculture shall, subject to subsection 2, be entitled to the settlement of that land on such terms and conditions as may be prescribed. 7 nothing in this section shall entitle any person to the subsoil rights in respect of the land, of which he has become the landowner under subsection 1, of which has been settled with him under subsection 6.

section 96. of the manipur land revenue and land reforms act : a revenue officer may, either on his own motion or on the application of any party interested, review any order passed by himself or by any of his predecessorsinoffice and pass such order in reference thereto as he thinks fit: provided that a revenue officer subordinate to the deputy commissioner shall, before reviewing any order under this section, obtain the permission of the deputy commissioner and the deputy commissioner shall, before reviewing an order passed by any of his predecessorsinofficer, obtain the permission of the administrator. 2 no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party, and no application for review of such order shall be entertained unless it is made within ninety days from the date of the order. 3 no order shall be reviewed except on the following grounds, namely: i discovery of new and important matter of evidence or ii some mistake or error apparent on the face of the record or iii any other sufficient reason. 4 for the purposes of this section, the deputy commissioner shall be deemed to be the successorinoffice of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district. 5 an order which has been dealt with in appeal or on revision shall not be reviewed by any officer subordinate to the appellate or revisional authority.

section 97. of the manipur land revenue and land reforms act : 1 a revenue officer who has passed any order or his successorinoffice may, at any time before the expiry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit provided that no appeal has been filed. 2 any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed from or under revision for such period as it may think fit. 3 the revenue officer or other authority directing such stay of execution of any order may impose such condition, or order such security to be furnished, as he or it may think fit.

section 108. of the manipur land revenue and land reforms act : 1 subject to any rules that may be made under this act, a landowner may relinquish his rights in respect of any land in his possession in favour of government by giving a notice in writing to the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and thereupon, he shall cease to be a landowner in respect of that land from the year next following the date of notice: provided that relinquishment of only a part of a holding or of a holding which, or part of which, is subject to an encumbrance or a charge, shall not be valid. 2 if any person relinquishes his rights to a land under subsection 1, the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.

section 101. of the manipur land revenue and land reforms act : 1 every landowner who, at the commencement of this act, owns land in excess of a basic holding shall be entitled to apply to the competent authority for the reservation for his personal cultivation of any parcel or parcels of his land leased to tenants. 2 every application under subsection 1 shall be in the prescribed form and shall be made in the prescribed manner within a period of one year from such commencement. explanation.in the case of a person under disability, the application shall be made by his guardian or his authorised agent, as the case may be.

section 107. of the manipur land revenue and land reforms act : 1 where the deputy commissioner is satisfied that any land has remained uncultivated for a period not less than two consecutive years otherwise than in accordance with rules made in this behalf under this act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed lease out the land in accordance with the rules made under this act. 2 any lease made under subsection 1 shall be deemed to be lease made by the landowner under subsection 1 of section 106.

section 102. of the manipur land revenue and land reforms act : 1 on receipt of an application made under section 101, the competent authority shall issue notice together with a copy of the application to each of the tenants holding land from the applicant requiring the tenant to submit his objections, if any, within a period of ninety days from the date of service of such notice or within such further period as the competent authority may allow. 2 a tenant on whom a notice has been served under subsection 1 shall furnish to the competent authority within the period specified details of lands owned by him or held as tenant of any other landowner and of lands which he selects for retention by him. 3 the competent authority shall, after considering the objections and the details, if any, furnished by the tenants and after making such inquiry as it may consider necessary, determine the land or lands not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case may be reserved for personal cultivation of the landowner and the lands which each of his tenants may be allowed to retain.

section 103. of the manipur land revenue and land reforms act : 1 in section 102, permissible limit means an area of land which a landowner may resume from tenants for personal cultivation, that is to say, a in the case of a person under disability, 25 acres b in the case of any other person who i owns a basic holding or less, the entire area owned by him ii owns more than a basic holding but not exceeding a family holding, onehalf of the area leased to tenants or the area by which the land under his personal cultivation falls short of a basic holding, whichever is greater iii owns more than a family holding 1 if he has no land, or any land which is less than a family holding under his personal cultivation, onehalf of the area leased to the tenant but not exceeding the area by which land under his personal cultivation falls short of a family holding, provided that the tenant is left with not less than a basic holding and provided further that a landowner shall in any case be entitled to resume an area by which land under his personal cultivation falls short of a basic holding and 2 if he has family holding or more under his personal cultivation, the area leased to any tenant in excess of a family holding but not exceeding the area by which land in his personal cultivation falls short of 25 acres. explanation.for the purpose of determining the permissible limit of a landowner under this subsection, any noresumable land which he may hold as a tenant shall also be taken into account. 2 any transfer of land made on or after the 6th day of march, , shall be disregarded in computing the permissible limit.

section 109. of the manipur land revenue and land reforms act : 1 the interest of a tenant in any land held by him as such shall be heritable but, save as otherwise provided in this act, shall not be transferable. 2 no tenant shall be evicted from his land except as provided in this act.

section 106. of the manipur land revenue and land reforms act : 1 subject to the provisions of this act, a landowner may lease out his land to another person on such rent not exceeding the maximum rent referred to in section 112 as may be agreed upon between him and such person. 2 every lease of land made after the commencement of this act shall be for a period of five years and at the end of the said period, and thereafter at the end of each period of five years, the tenancy shall, subject to the provisions of subsection 3 be deemed to be renewed for a further period of five years on the same terms and conditions, except to the extent that a modification thereof consistent with this act is agreed to by both parties. 3 in respect of any lease made after the commencement of this act, a landowner who is a member of the armed forces of the union, on his discharge from service or posting to the reserve, may by giving the tenant three months notice in writing before the expiry of any year, and any other landowner may by giving the tenant one years notice in writing before the expiry of any term of five years, terminate the tenancy if the landowner requires the land bona fide for personal cultivation by him.

section 110. of the manipur land revenue and land reforms act : it shall be lawful for a tenant to create a simple mortgage or create a charge on his interest in the land leased to him in favour of the government or a cooperative society in consideration of any loan advanced to him by the government or such society and in the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the government or the society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan.

section 104. of the manipur land revenue and land reforms act : in the case of a person who, at the commencement of this act, does not own land in excess of a basic holding, all lands owned by him and held by tenants shall be deemed to have been reserved for his personal cultivation. explanation.any transfer of land made on or after the 6th day of march, , shall be disregarded in determining the extent of land owned by a person at the commencement of this act.

section 112. of the manipur land revenue and land reforms act : the rent payable by a tenant in respect of any land held by him shall not exceed, a where the rent is payable in kind as a share of the produce, onefourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is supplied by the landowner and onefifth of such produce or its value as so estimated the plough cattle is not supplied by the landowner b in any other case, four times the land revenue payable in respect of the land.

section 105. of the manipur land revenue and land reforms act : the competent authority shall declare every land which, under subsection 3 of section 102, a tenant is allowed to retain to be the nonresumable land of the tenant.

section 114. of the manipur land revenue and land reforms act : 1 the competent authority may, on application made to it in this behalf by the landowner or the tenant, determine the reasonable rent for any land. 2 the form of application under subsection 1 and the procedure to be followed by the competent authority shall be such as may be prescribed. 3 in determining the reasonable rent, the competent authority shall have regard to a the rental value of lands used for similar purposes in the locality b the profits of agriculture of similar lands in the locality c the price of crops and commodities in the locality d the improvements, if any, made to the land by the landowner or the tenant e the land revenue payable in respect of the land and f any other factor which may be prescribed. 4 where the reasonable rent for any land has been determined under this section, it shall not be altered for a period of five years except on any of the following grounds, namely: a that the quality of the land has deteriorated by flood or other natural causes b that there has been an increase in the produce of the land on account of improvements made to it at the expense of the landowner c that the land has been partially or wholly rendered unfit for cultivation. 5 nothing in subsections 1 to 4 shall affect the right of the government to make an order directing the determination of the reasonable rent of lands in any specified area.

section 115. of the manipur land revenue and land reforms act : 1 in any case in which rent is payable in kind, the landowner or the tenant may apply in writing to the competent authority in the prescribed form and manner, for commuting the rent into money rent. 2 on receipt of such application, the competent authority shall, after giving notice to the other party, determine the money rent payable for the land in accordance with the following provisions but not exceeding the maximum rent specified in section 112. 3 in determining the money rent, regard shall be had to a the average money rent payable by tenants for land of similar description and with similar advantages in the vicinity b the average value of the rent actually received by the landowner during the three years preceding the date of application c the average prices of crops and commodities in the locality during the three years preceding the date of application d the improvements, if any, made to the land by the landowner or the tenant and e any other factor which may be prescribed.

section 111. of the manipur land revenue and land reforms act : a tenant may, with the permission in writing of the landowner, or if permission is refused without sufficient reason or not given within two months, after obtaining the order of the competent authority in the prescribed manner, make at his own expense any improvement to the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised, as a consequence of such improvement.

section 117. of the manipur land revenue and land reforms act : if any landowner recovers from a tenant rent in excess of the amount due under this act, he shall forthwith refund the excess amount so recovered and shall also be liable to punishment as provided in this act.

section 120. of the manipur land revenue and land reforms act : where a person who has taken possession of any land by evicting tenant therefrom on the ground that the land had been reserved for personal cultivation by him fails to cultivate such land personally within one year from the date on which he took possession thereof or ceases to cultivate such land personally in any year during a period of four years next following, the tenant shall be entitled to be restored to possession of the land from which he was evicted. explanation.for the purpose of this section, land shall not be deemed to be under the personal cultivation of a person not being a person under disability unless such person or a member of his family engages himself in the principal agricultural operations.

section 121. of the manipur land revenue and land reforms act : if a landowner fails to a apply for reservation of any land within the period prescribed in section 101, and the land is not deemed to have been reserved under section 104, or b file a suit or application for the eviction of the tenant from any land reserved under section 102 within the period prescribed in subsection 4 of section 119, or c cultivate or ceases to cultivate the land and the tenant is restored to possession of the land under section 120, the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the nonresumable land of the tenant.

section 113. of the manipur land revenue and land reforms act : 1 the rent payable by a tenant shall, subject to the provisions of section 112, be the rent agreed upon between him and the landowner or where there is no such agreement, the reasonable rent. 2 the rent shall be paid at such times and in such manner as may have been agreed upon or in the absence of such agreement, as may be prescribed.

section 116. of the manipur land revenue and land reforms act : every landowner shall give or cause to be given a receipt for the rent received by him or on his behalf in such form as may be prescribed duly signed by him or his authorised agent.

section 119. of the manipur land revenue and land reforms act : 1 no person shall evicted from any land held by him as tenant except under the order of the competent authority made on any of the following grounds, namely: a that the land has been reserved for personal cultivation of the landowner under section 102, or is deemed to have been reserved for personal cultivation of the landowner under section 104 b that a notice has been given to the tenant under subsection 3 of section 106 c that the tenant has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes d that the tenant has failed to pay rent within a period of three months after it falls due: provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent e that the tenant, not being a person under disability, has after the commencement of this act, sublet the land without the consent in writing of the landowner. 2 no order for eviction of a tenant shall be executed till the standing crops, if any, on the land are harvested. 3 where any order for eviction has been made against a tenant on the ground specified in clause a of subsection 1, then, notwithstanding such order, the tenant shall, until he is provided with alternative land in accordance with the rules made in this behalf, be entitled to retain possession of i the entire land held by him as a tenant, in any case where the area of tenancy together with any other land held by him does not exceed 1.25 acres in area and ii so much of the land held by him as a tenant as together with any other land held by him does not exceed the limit of 1.25 acres in area, in any case where the area of the tenancy together with the other land held by him exceeds the said limit: provided that nothing in this subsection shall apply to a tenanat who holds land under any person who is a member of the armed forces of the union. 4 where any land has been reserved for the personal cultivation of a landowner by an order made under subsection 3 of section 102, no suit or application for the eviction of the tenant in respect of such land under clause a of subsection 1 shall lie after the expiry of five years from the commencement of this act or one year from the date of the said order, whichever is later: provided that where any such landowner is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases. explanation.for the purposes of this subsection, the disability of a person shall cease a in the case of a widow, if she remarries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death b in the case of a minor, on the date of his attaining majority c in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause d or e, on the date on which the disability of the husband ceases d in the case of a person who is a member of the armed forces of the union, on the date of his discharge from service or of his posting to the reserve e in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.

section 123., not deemed improvements. of the manipur land revenue and land reforms act : a tenant against whom an order of eviction has been passed, shall be entitled to remove within such time as is deemed reasonable by the competent authority any work of improvement which can be severed from the land and which the tenant desires to remove, or any building or construction or work which is not an improvement in respect of which the landowner is not willing to pay the compensation.

section 118. of the manipur land revenue and land reforms act : 1 where a landowner has obtained from or been granted by the government any relief by way of suspension or remission, whether in whole or in part, of the land revenue payable in respect of his land, he shall be bound to give and the tenant concerned shall be entitled to receive from the landowner a corresponding or proportionate relief by way of suspension or remission of rent payable in respect of such land. 2 the nature and extent of the relief which a landowner is bound to give and which the tenant is entitled to receive under subsection 1 shall be determined in accordance with the rules made under this act. 3 no suit shall lie and no decree of a civil court shall be executed for the recovery by a landowner of any rent the payment of which has been remitted, or during the period for which the payment of such rent has been suspended, under this section. 4 the period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent. 5 if any landowner fails to suspended or remit the payment of rent as provided in subsection 1, he shall be liable to refund to the tenant the amount recovered by him in contravention of the provisions of this section and shall also be liable to punishment as provided in this act.

section 122. of the manipur land revenue and land reforms act : 1 a tenant who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this chapter, be entitled to receive compensation before he is so evicted for such improvement as in the opinion of the competent authority, is reasonable. 2 the compensation payable to a tenant under subsection 1 shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely: a the amount by which the value of the land has increased by reason of the improvement b the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect c the labour and capital involved in the making of the improvement and d the advantages secured by the tenant in consideration of the improvement made by him. 3 in any case in which compensation is payable to a tenant under this section, the competent authority may direct that a the whole or any part of any loan which the tenant has taken on the security of his interest in the land under section 110 and which is outstanding shall be deducted from such compensation and paid to the government or the cooperative society, as the case may be b any arrear of rent due by the tenant to the landowner and the costs, if any, awarded to the landowner shall be adjusted against the compensation.

section 124. of the manipur land revenue and land reforms act : 1 where a tenant of any land has, on or after the 6th day of march, , surrendered, or been evicted from, such land, and the surrender or eviction could not have taken place if this act had been in force on the date of such surrender or eviction, the competent authority may, suo motu or on application made by the tenant, restore him to possession of the land which he surrendered or from which he was evicted unless some other tenant not being a member of the landowners family, had bona fide been admitted to possession of such land. 2 the competent authority shall, before making an order under subsection 1, make such inquiry as may be prescribed.

section 126. of the manipur land revenue and land reforms act : 1 after the commencement of this act, no tenant shall surrender any land held by him as such, and no landowner shall enter upon the land surrendered by the tenant, without the previous permission in writing of the competent authority. 2 such permission shall be granted if, after making such inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as tenant immediately before the commencement of this act, the permissible limit of the landowner concerned is not exceeded by such surrender in other cases, the permission shall be refused. 3 where permission is refused in any case, and the tenant gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the tenant who relinquished his rights.

section 130. of the manipur land revenue and land reforms act : 1 every tenant to whom ownership of any land has been transferred under section 127 shall be liable to pay to the government in respect of that land compensation as determined under section 128. 2 the compensation shall be payable in cash, in lump sum or in such number of annual instalments not exceeding twenty as may be prescribed. interest at the rate of 2 per cent. annum shall be payable on the compensation or such portion thereof as remains unpaid. 3 the compensation payable under this section shall be a charge on the land. 4 the compensation or any instalment thereof shall be recoverable in the same manner as an arrear of land revenue.

section 125. of the manipur land revenue and land reforms act : where a tenancy is sought to be terminated on the ground that the tenant has materially impaired the value or utility of the land for agricultural purposes, if the damage to the land admits of being repaired or if pecuniary compensation would afford adequate relief, no proceeding for eviction shall lie against the tenant unless and until the landowner has served on the tenant a notice in writing specifying the damage complained of and the tenant has failed within a period of one year from the service of such notice to repair the damage or to pay compensation therefor.

section 131. of the manipur land revenue and land reforms act : when the compensation or the first instalment of the compensation, as the case may be, has been paid by the tenant, the competent authority may suo motu and shall, on application made to it in this behalf, issue to the tenant a certificate in the prescribed form declaring him to be the owner of the land specified therein.

section 127. of the manipur land revenue and land reforms act : 1 subject to the other provisions of this act, the ownership of any land which is declared to be the nonresumable land of a tenant under section 105, or section 121 shall stand transferred from the landowner thereof to the tenant with effect from the date of such declaration, and the tenant shall become the owner of such land and be liable to pay land revenue therefor: provided that where, on an application made in this behalf by any person at any time before the declaration is made under section 105 or under section 121, the competent authority is satisfied that such person holds land not exceeding a family holding, whether as a landowner or otherwise, and that his income is derived mainly from such land, the competent authority may, by order, provide that the transfer of ownership of the land shall take effect on the expiry of a period of five years from the date of such declaration.

section 128. of the manipur land revenue and land reforms act : 1 in respect of every land the ownership of which stands transferred to the tenant under section 127, the landowner shall be entitled to compensation which shall consist of the aggregate of the following amounts, this is to say, a an amount equal to thirty times the full land revenue payable for the land or, if the land is held revenuefree or at a concessional rate, thirty times the amount of land revenue payable for similar lands in the locality b the value of trees, if any, planned by the landowner. explanation.where any improvement has been made on the land at the expense of the landowner at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality. 2 the land revenue payable for similar lands in the locality and the value of trees referred to in subsection 1 shall be determined in the prescribed manner. 3 every landowner entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 127, apply to the competent authority in the prescribed manner for determining the compensation.

section 129. of the manipur land revenue and land reforms act : 1 the compensation to which a landowner is entitled under section 128 shall be paid to him by the government in the first instance, and it may be paid in cash, in lump sum or in annual instalments not exceeding ten or in the form of bonds which may be negotiable or nonnegotiable but transferable. 2 from the date of the declaration referred to in section 127, the landowner shall be entitled to interest at the rate of 2 per cent. per annum on the compensation or such portion thereof as remains unpaid. 3 any mortgage of, or encumbrance on, the land of which the ownership is transferred to the tenant under section 127 shall be a valid charge on the amount of compensation payable to the landowner. 4 notwithstanding anything contained in subsections 1 to 3, where the person entitled to compensation under section 128 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. the amount so assessed shall be paid to such institution in the prescribed manner.

section 134. of the manipur land revenue and land reforms act : the provisions of this chapter shall not apply to land owned by the government or a local authority.

section 132. of the manipur land revenue and land reforms act : 1 if a landowner at any time intends to sell his land held by a tenant, he shall give notice in writing of his intention to such tenant and offer to sell the land to him. in case the letter intends to purchase the land, he shall intimate in writing his readiness to do so within two months from the date of receipt of such notice. 2 if there is any dispute about the reasonable price payable for the land, either the landowner or the tenant may apply in writing to the competent authority for determining the reasonable price and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made. 3 the tenant shall deposit with the competent authority the amount of the price determined under subsection 2 within such period as may be prescribed. 4 on deposit of the entire amount of the reasonable price, the prescribed authority shall issue a certificate in the prescribed form to the tenant declaring him to be the purchaser of the land the competent authority shall also direct that the reasonable price deposited shall be paid to the landowner. 5 if the tenant does not exercise the right of purchase in response to the notice given to him by the landowner under subsection 1 or fails to deposit the amount of the price as required by subsection 3, such tenant shall forfeit his right of purchase, and the landowner shall be entitled to sell such land to any other person. 6 the forfeiture of the right to purchase any land under this section shall not affect the other rights of tenant in such land.

section 137. of the manipur land revenue and land reforms act : every person representing a family who at the commencement of this act holds, or has at any time during the period between the 15th day of january, and such commencement held, land in excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: provided that in the case of jointholding, all cosharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits which they desire to retain. explanation.in the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be.

section 140. of the manipur land revenue and land reforms act : 1 where any person holding land in excess of the ceiling limit at any time during the period between the 15th day of january, , and the 9th day of december, , has transferred during such period any part of his land to any other person under a registered deed for valuable consideration, the excess land to be determined under section 139 shall, to the extent possible, be selected out of the land held at the commencement of this act by the transferor in excess of a family holding and no land shall be selected out of the land transferred. 2 where any person holding land in excess of the ceiling limit at any time a during the period between the 15th day of january, and the 9th day of december, , has transferred during such period any part of his land to any other person in any manner other than under a registered deed for valuable consideration, or b during the period between the 9th day of december, and the commencement of this act has transferred during such period any part of his land to any other person in any manner whatsoever, the excess land to be determined under section 139 shall be selected out of the lands held at the commencement of this act by the transferor and the transferee in the same proportion as the land held by the transferor bears to the land transferred and where no land is held by the transferor, out of the land transferred. 3 where excess land is to be selected out of the lands of more than one transferee, such land shall be selected out of the lands held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the lands transferred to all the transferees. 4 where any excess land is selected out of the land transferred, the transfer of such land shall be void. 5 notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case include the homestead land of a person. explanationfor the purpose of this subsection, homestead land means the land on which the homestead whether used by the owner or let out on rent stands together with any courtyard, compound and attached garden, not exceeding one acre in the aggregate.

section 133. of the manipur land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the form of notices to be issued under this part and the manner of their service b the manner of holding inquiries under this part c the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated d the conditions subject to which lands may be leased by the deputy commissioner under section 107 e the form of applications to be made under this part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications f the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this part g the time and manner of payment of rent by the tenant h the form of receipt for rent to be given by the landowner i the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent j the nature and the extent of relief to the tenant in cases of suspension or remission of land revenue by the government k the determination of compensation for improvements to tenants who are evicted from land l the grant of permission to surrender land m the determination of the amount of compensation payable to the landowner in respect of the nonresumable lands of tenants n the form of certificates to be granted to tenants o the determination of the price to be paid by tenant for land in respect of which the first option to purchase is exercised p any other matter which is to be or may be prescribed.

section 135. of the manipur land revenue and land reforms act : for the purposes of this chapter, a ceiling limit, in relation to land, means the limit fixed under section 136 b family, in relation to a person, means the person, the wife or husband, as the case may be, and the dependent children and grandchildren, of such person c land does not include land used for nonagricultural purposes.

section 136. of the manipur land revenue and land reforms act : no person either by himself, or, if he has a family, together with any other member of his family hereinafter referred to as the person representing the family shall, whether as a landowner or as a tenant or as a mortgagee with possession or otherwise, or partly in one capacity and partly in another, hold land in excess of twentyfive acres in the aggregate: provided that, where the number of members of the family of such person exceeds five, he may hold five additional acres for each member in excess of five, so however as not to exceed fifty acres in the aggregate. explanation.in the case of a company, an association or any other body of individuals, the ceiling limit shall be twentyfive acres.

section 139. of the manipur land revenue and land reforms act : 1 on receipt of any return under section 137 or information under section 138 or otherwise, the competent authority shall, after giving the persons affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having regard to the provisions of section 140 and section 141 and of any rules that may be made in this behalf, it shall determine a the total area of land held by each person representing the family b the specific parcels of land which he may retain c the land held by him in excess of the ceiling limit d whether such excess land is held by him as a landowner or as a tenant or as a mortgage with possession e the excess land in respect of which the tenant or the mortgagee with possession may acquire the rights of the landowner of the mortgagor, as the case may be f the excess land which may be restored to a landowner or a mortgagor g the excess land which shall vest in the government and h such other matters as may be prescribed. 2 for the purposes of determining the excess land under this section, any land transferred at any time during the period between the 15th day of january, and the commencement of this act shall, notwithstanding such transfer, be deemed to be held by the transferor. 3 the competent authority shall prepare a list in the prescribed form containing the particulars determined by it under subsection 1 and shall cause every such list to be published in the official gazette and also in such other manner as may be prescribed.

section 138. of the manipur land revenue and land reforms act : if any person who under section 137 is required to submit a return, fails to do so, the competent authority may collect the necessary information through such agency as may be prescribed.

section 141. of the manipur land revenue and land reforms act : 1 where any excess land of a landowner is in his actual possession, the excess land shall vest in the government. 2 where any excess land of a landowner is in the possession of a person holding the same as a tenant or as a mortgagee and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the government. 3 where any excess land of a landowner is in the possession of a person holding the same as a tenant or as a mortgagee and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire the rights of the landowner or of the mortgagor, as the case may be, in respect of such excess land or part thereof on payment of compensation, if any, as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the government. 4 where there is any excess land of a tenant or of a mortgagee with possession, the excess land shall vest in the government: provided that, in any case where the excess land or any part thereof held by a person as landowner or mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that person on an application made by him in this behalf to the competent authority within such time as may be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage in respect of such land shall be deemed to be a simple mortgage.

section 142. of the manipur land revenue and land reforms act : 1 any person aggrieved by an entry in the list published under subsection 3 of section 139 may, within thirty days from the date of publication thereof in the official gazette, file objections thereto before the deputy commissioner. 2 the deputy commissioner or any other officer authorised in this behalf by the administrator may, after considering the objections and after giving the objector or his representatives an opportunity of being heard in the matter, approve or modify the list. 3 the list as approved or modified under subsection 2 shall then be published in the official gazette and also in such other manner as may be prescribed and subject to the provisions of this act, the list shall be final. 4 with effect from the date of publication of the list in the official gazette under subsection 3, a the excess land shall stand transferred to and vest in the government free of all encumbrances or b the possession of the excess land shall stand restored to the landowner or the mortgagor, as the case may be or c the rights of the landowner or the mortgagor in respect of the excess land shall stand transferred to the tenant or the mortgagee, as the case may be.

section 148. of the manipur land revenue and land reforms act : 1 whoever being bound to submit a return under section 137 fails to do so, without reasonable cause, within the prescribed time, or submits a return which he knows or has reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees. 2 whoever contravenes any lawful order made under this chapter or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees.

section 144. of the manipur land revenue and land reforms act : 1 the compensation payable under section 143 shall be due from the date of publication of the list under subsection 3 of section 142 and may paid in cash, in a lump sum or in instalments, or in bonds. 2 where the compensation is payable in bonds, the bonds may be made not transferable or transferable by endorsement or in any other manner but all such bonds shall be redeemed within such period, not exceeding twenty years from the date of issue, as may be prescribed. 3 where there is any delay in the payment of compensation or where the compensation is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due.

section 143. of the manipur land revenue and land reforms act : 1 where any excess land of a landowner vests in the government, there shall be paid by the government to the landowner compensation, subject to the provisions of subsection 2, of an amount equal to twenty times the net annual income from such land. explanation.for the purposes of subsection 1, the net annual income from any land shall be deemed to be onefifth of the value of the average yearly gross produce of the land, calculated in such manner as may be prescribed. 2 where such excess land or any part thereof is in the possession of a tenant, the compensation payable under subsection 1 in respect of the land shall be apportioned between the landowner and the tenant in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land. 3 in addition to the compensation payable in respect of any excess land under subsection 1, there shall also be paid compensation in respect of any structure of building constructed on such land and any trees planted thereon, and such compensation shall be determined by the competent authority in the prescribed manner, having regard to the market value of any structure or building or the value of such trees, and such compensation shall be paid to the person who has constructed the structure or building or planted the trees. 4 where any excess land in respect of which compensation is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer of any excess land is void by virtue of subsection 4 of section 140, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the compensation payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor. 5 where a tenant acquires the rights of a landowner in respect of any excess land, the compensation payable by him in respect of that land shall be equal to the amount which the landowner would have been paid as compensation under subsection 2 or subsection 3 if the land had vested in the government and the amount shall, in the first instance, be paid to the landowner by the government and shall be recovered from the tenant in such manner as may be prescribed. 6 where a mortgagee in possession acquires the rights of the mortgagor in respect of any excess land under subsection 3 of section 141, the compensation payable by the mortgagee in respect of that land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage debt against the market value of such excess land. 7 where any excess land of a religious or charitable institution vests in the government, such institution shall, in lieu of compensation payable under subsection 1 or subsection 2 or subsection 3, be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner. 8 the competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount of compensation payable to any person under this section.

section 149. of the manipur land revenue and land reforms act : subject to the provisions of this act, every order made under this chapter shall be final.

section 145. of the manipur land revenue and land reforms act : no person representing a family shall acquire in any manner whatsoever, whether by transfer, exchange, lease, agreement or succession, any land where such acquisition has the effect of making the total area of the land held by him exceed the ceiling limit and any such land in excess of the ceiling limit shall be treated as excess land of the transferee and provisions of section 139 to 144 shall, as far as may be, apply to such excess land.

section 151. of the manipur land revenue and land reforms act : for the purposes of this chapter, a holding means the aggregate area of land held by a person as a landowner b fragment means a holding of less than two and a half acres in area c land has the same meaning as in chapter xi.

section 152. of the manipur land revenue and land reforms act : 1 no portion of a holding shall be transferred by way of sale, exchange, gift, bequest or mortgage with possession, so as to create a fragment: provided that the provisions of this subsection shall not apply to a gift made in favour of the bhoodan movement initiated by acharya vinoba bhave. 2 no portion of a holding shall be transferred by way of lease, where as a result of such lease, i the lessor shall be left with less than two and a half acres, or ii the total area held by the lessee exceeds the limit of a family holding. 3 no fragment shall be transferred to a person who does not have some land under personal cultivation, or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit of a family holding.

section 147. of the manipur land revenue and land reforms act : after the publication of the list of excess lands under subsection 3, of section 142, and after demarcation in the prescribed manner of such lands where necessary, the deputy commissioner may take possession of any excess land and may use or cause to be used such force as may be necessary for the purpose.

section 146. of the manipur land revenue and land reforms act : where a person representing a family holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then, notwithstanding anything contained in this chapter, such person shall not be required to surrender any part of the land on the ground that it is excess land, if such excess is due to a decrease in the number of members of the family.

section 150. of the manipur land revenue and land reforms act : 1 the administrator may, on an application made to him in this behalf within three months from the commencement of this act, exempt from the operation of section 136 a any land which is being used for growing tea, coffee or rubber including lands used or required for use for purposes ancillary to, or for the extension of, the cultivation of tea, coffee or rubber to be determined in the prescribed manner b any sugarcane farm operated by a sugar factory c any specialised farm which is being used for cattle breeding, dairy or wool raising d any person who holds a compact block land exceeding the ceiling limit which i is being used as an orchard from before the 1st day of january, , or ii is being used as a farm in which heavy investment or permanent structural improvements have been made and which, in the opinion of the administrator, is being so efficiently managed that its break up is likely to bring a fall in production: provided that where such person holds the compact block of land together with any other land, he shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the ceiling limit, or the other land not exceeding the ceiling limit e any land which is being held by a cooperative society, provided that where a member of any such society holds a share in such land, his share shall be taken into account in determining his ceiling limit: provided that the administrator may entertain the application after the expiry of the said period of three months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time. 2 where any land in respect of which exemption has been granted to a person under clause a of subsection 1 is transferred to another person, the administrator may, on an application made to him within three months from the date of the transfer, exempt the transferee from the operation of section 136 and section 145 and the provisions of the said clause shall, as far as may be, apply to the grant of such exemption. 3 where the administrator is of opinion that the use of land for any specified purpose is expedient or necessary in the public interest, he may, by notification in the official gazette, make a declaration to that effect and on the issue of such notification, any person may, notwithstanding anything contained in section 145 acquire land in excess of the ceiling limit for being used for such specified purpose and such person shall, within one month form the date of such acquisition, send intimation thereof to the competent authority. 4 where any land in respect of which exemption has been granted under subsection 1 or subsection 2 or subsection 3 ceases to be used, or is not, within the prescribed time, used, for the purpose for which exemption had been granted, the administrator may, after giving the persons affected an opportunity of being heard, withdraw such exemption.

section 159. of the manipur land revenue and land reforms act : no suit or other proceedings shall, unless otherwise expressly provided for in this act or in any other law for the time being in force, lie or be instituted in any civil court with respect to any matter arising under the provided for by this act: provided that if in a dispute between parties a question of title is involved, a civil suit may be brought for the adjudication of such question.

section 153. of the manipur land revenue and land reforms act : 1 no holding shall be partitioned in such manner as to create a fragment. 2 a fragment shall not be partitioned unless as a result of such partition its portions get merged in holdings of two and a half acres or more or in fragments so as to create holdings of two and a half acres or more 3 whenever, in a suit for partition, the court finds that the partition of a holding will result in the creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the same and distribute the proceeds thereof among the cosharers. 4 whenever a holding is put up for sale under subsection 3, a cosharer shall have the first option to purchase the holding at the highest bid if there are two or more cosharers claiming the first option, that cosharer who offers the highest consideration shall be preferred.

section 160. of the manipur land revenue and land reforms act : save as otherwise provided, the provisions of this act shall have effect notwithstanding anything to the contrary contained as any other law, custom or usage or agreement or decree or order of court.

section 154. of the manipur land revenue and land reforms act : 1 any transfer, partition or lease of land made in contravention of the provisions of this chapter shall be void. 2 no document of transfer, partition or lease shall be registered unless declarations in writing are made, in such form and manner as may be prescribed, by the parties thereto before the competent registering authority under the indian registration act, 16 of , regarding lands held by each prior to the transaction and the land which shall come to hold thereafter. 3 no registering authority shall register under the indian registration act, 16 of , any document of transfer, partition or lease of land if, from the declarations made under subsection 2, it appears that the transaction has been effected in contravention of the provisions of this chapter.

section 155. of the manipur land revenue and land reforms act : the parties to any transfer, partition or lease made or entered into in contravention of any of the provisions of this chapter shall be punishable with fine which extend to one hundred rupees.

section 162. of the manipur land revenue and land reforms act : every amin and every other village officer appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 157. of the manipur land revenue and land reforms act : without prejudice to any other provision of this act, any amount due to the government, whether by way of costs, penalty or otherwise, and any other amount which is ordered to be paid to or recovered by the government, under this act shall be recoverable in the same manner as an arrear of land revenue.

section 156. of the manipur land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which and the period within which a return under section 137 may be submitted b the agency through which information may be collected under section 138 c the manner of holding enquiries under this part d the matters which may be determined under subsection 1 of section 139 and the manner of determination of excess lands under this part e the form in which a list under subsection 3 of section 139 or subsection 3 of section 142 may be prepared and the manner of publication of such list f the period within which an application for registration of excess land may be made under the proviso to subsection 4 of section 141 g the manner of apportionment of compensation between the landowner and the tenant under subsection 2 of section 143 h the manner of assessment of the market value of any structure of building or trees under subsection 3 of section 143 i the manner of recovery of the compensation payable the tenant under subsection 5 of section 143 j the manner of determining under subsection 6 of section 143 the market value of any excess land over which a mortgagee in possession acquires the rights of the mortgagor k the manner of determination of the net annual income of any excess land for the purpose of payment of compensation under section 143 l the manner of payment of compensation including the number of instalments in which the compensation may be paid or recovered and the period within which bonds may be redeemed m the manner of demarcation of any excess land under section 147 n the matters which may be determined by the administrator in granting an exemption under section 150 including the form in which applications and intimations may be made or given, under section 150 o the from of declarations under section 154 p any other matter which is to be or may be prescribed.

section 158. of the manipur land revenue and land reforms act : no transfer of land by a person who is a member of the scheduled tribes shall be valid unless a the transfer is to another member of the scheduled tribes or b where the transfer is to a person who is not a member of any such tribe, it is made with the previous permission in writing of the deputy commissioner or c the transfer is by way of mortgage to a cooperative society.

section 161. of the manipur land revenue and land reforms act : notwithstanding anything contained in the courtfees act, 7 of every application, appeal or other proceeding under this act shall bear a courtfee stamp of such value as may be prescribed.

section 164. of the manipur land revenue and land reforms act : whoever contravenes any provision of this act for which no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five hundred rupees.

section 163. of the manipur land revenue and land reforms act : with the previous approval of the government, the administrator may, by notification in the official gazette exempt any class of lands from all or any of the provision of this act.

section 165. of the manipur land revenue and land reforms act : no suit, prosecution or other proceedings shall lie a against any officer of the government for anything in good faith done or intended to be done under this act b against the government for any damage caused or likely to caused or any injury suffered or likely to be suffered by anything, in good faith, done or intended to be done under this act.

section 167. of the manipur land revenue and land reforms act : if any difficulty arises in giving effect to any provision of this act, the government may, as occasion requires, take any action not inconsistent with the provisions of this act which may appear to it necessary for the purpose of removing the difficulty.

section 170. of the manipur land revenue and land reforms act : 1 on and from the date on which any of the provisions of this act are brought into force in any area in the union territory of manipur, the enactments specified in the schedule or so much thereof as relate to the matters covered by the provisions so brought into force shall stand repealed in such area. 2 the repeal of any enactment or part thereof by subsection 1 shall not affect, a the previous operation of such enactment or anything duly done or suffered thereunder b any right, privilege, obligation or liability acquired, accrued or incurred under such enactment c any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment d any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed. 3 subject to the provisions contained in subsection 2, any appointment, rule, order, notification or proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any other thing done or action taken under any of the enactments or parts thereof repealed under subsection 1 shall, in so far as it is not inconsistent with the provisions of this act brought into force, be deemed to have been made, issued, granted, fixed, acquired, incurred, done or taken under this act and shall continue to be in force until superseded by anything done or any action taken under this act. 4 any custom or usage prevailing at the time any of the provisions of this act are brought into force in any area in union territory of manipur and having the force of law therein shall, if such custom or usage is repugnant to or inconsistent with such provision, cease to be operative to the extent of such repugnancy or inconsistency.

section 168. of the manipur land revenue and land reforms act : without prejudice to any power to make rules contained elsewhere in this act, the administrator may, by notification in the official gazette, make rules generally to carry out the purposes of this act.

section 166. of the manipur land revenue and land reforms act : the administrator may, by notification in the official gazette, delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this act, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the said notification.

section 169. of the manipur land revenue and land reforms act : every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.

section 8. of the bombay reorganisation act : as soon as may be after the appointed day, byeelections shall be held to fill the additional seats allotted to the states of maharashtra and gujarat as well as the existing casual vacancy in the seats allotted to the state of gujarat.

section 1. of the bombay reorganisation act : this act may be called the bombay reorganisation act, .

section 7. of the bombay reorganisation act : 1 the twelve sitting members of the council of states representing the state of bombay, whose names are specified in part i of the second schedule, and such six of the nine sitting members elected to represent that state at the biennial elections held for the purpose of filling the vacancies existing on the 3rd day of april, , as the chairman of the council of states shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eighteen of the nineteen seats allotted to the state of maharashtra. 2 the five sitting members of the council of states representing the state of bombay, whose names are specified in part ii of the second schedule, and the remaining three of the nine members elected at the said biennial elections shall, as from the appointed day, be deemed to have been duly elected to fill eight of the eleven seats allotted to the state of gujarat.

section 2. of the bombay reorganisation act : in this act, unless the context otherwise requires, a appointed day means the 1st day of may, b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meaning as in the representation of the people act, 43 of d law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the state of bombay e notified order means an order published in the official gazette f population ratio, in relation to the states of maharashtra and gujarat, means the ratio of 66.31 to 33.69 g sitting member, in relation to either house of parliament or of the legislature of the state of bombay, means a person who, immediately before the appointed day, is a member of that house h transferred territory means the territories which, as from the appointed day, are the territories of the state of gujarat i treasury includes a subtreasury j any reference to a district, taluka, village or other territorial division of the state of bombay shall be construed as a reference to the area comprised within that territorial division as recognised for land revenue purposes on the 1st day of december, .

section 9. of the bombay reorganisation act : 1 the term of office of the sitting members and of the member chosen to fill the casual vacancy shall remain unaltered. 2 the term of office of the member elected to fill the one additional seat allotted to the state of maharashtra shall expire on the 2nd day of april, . 3 out of the two members elected to fill the two additional seats allotted to the state of gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning officer shall decide by lot, shall expire on the 2nd day of april, and the term of office of the other member shall expire on the 2nd day of april, .

section 5. of the bombay reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the state government to alter, after the appointed day, the name, extent or boundaries of any district, taluka or village in the state.

section 3. of the bombay reorganisation act : 1 as from the appointed day, there shall be formed a new state to be known as the state of gujarat comprising the following territories of the state of bombay, namely: a banaskantha, mehsana, sabarkantha, ahmedabad, kaira, panchmahals, baroda, broach, surat, dangs, amreli, surendranagar, rajkot, jamnagar, junagadh, bhavnagar and kutch districts and b the villages in umbergaon taluka of thana district, the villages in nawapur and nandurbar talukas of west khandesh district and the villages in akkalkuwa and taloda talukas of west khandesh district, respectively specified in parts i, ii and iii of the first schedule and thereupon, the said territories shall cease to form part of the state of bombay, and the residuary state of bombay shall be known as the state of maharashtra. 2 the villages in umbergaon taluka specified in part i of the first schedule shall form a separate taluka of the same name and be included in surat district, and the remaining villages in the said taluka shall be included in, and form part of, dahanu taluka of thana district and the villages specified in parts ii and iii of the first schedule shall respectively be included in, and form part of, songadh taluka of surat district and sagbara taluka of broach district.

section 4. of the bombay reorganisation act : as from the appointed day, in the first schedule to the constitution, under the heading 1. the states, a for entry 4, the following entry shall be substituted, namely: 4. gujarat the territories referred to in subsection 1 of section 3 of the bombay reorganisation act, . b after entry 7, the following entry shall be inserted, namely: 8. maharashtra the territories specified in subsection 1 of section 8 of the states reorganisation act, , but excluding the territories referred to in subsection 1 of section 3 of the bombay reorganisation act, . and c entries 8 to 14 shall be renumbered as entries 9 to 15 respectively.

section 6. of the bombay reorganisation act : as from the appointed day, there shall be allotted 19 seats to the state of maharashtra, and 11 seats to the state of gujarat, in the council of states, and in the fourth schedule to the constitution, in the table, a for entry 4, the following entry shall be substituted, namely: 4. gujarat . . 11 b after entry 7, the following entry shall be inserted, namely: 8. maharashtra . . 19 c entries 8 to 18 shall be renumbered as entries 9 to 19 respectively and d for the figures 221 the figures 224 shall be substituted.

section 16. of the bombay reorganisation act : the period of five years referred to in clause 1 of article 172 of the constitution shall, in the case of the legislative assembly of maharashtra or gujarat, be deemed to have commenced on the date on which it actually commenced in the case of the legislative assembly of bombay.

section 11. of the bombay reorganisation act : as from the appointed day, the first schedule to the delimitation of parliamentary and assembly constituencies order, , shall stand amended as directed in the third schedule to this act.

section 10. of the bombay reorganisation act : as from the appointed day, there shall be allotted 44 seats to the state of maharashtra, and 22 seats to the state of gujarat, in the house of the people, and in the first schedule to the representation of the people act, 43 of a for entry 4, the following entry shall be substituted, namely: 4. gujarat . . 22 b after entry 7, the following entry shall be inserted, namely: 8. maharashtra . . 44 and c entries 8 to 22 shall be renumbered as entries 9 to 23 respectively

section 12. of the bombay reorganisation act : every sitting member of the house of the people representing a constituency which, on the appointed day, by virtue of the provisions of section 11, stands allotted, with or without alteration of boundaries, to the state of maharashtra or to the state of gujarat, shall be deemed to have been elected to the house of the people by that constituency as so allotted.

section 13. of the bombay reorganisation act : as from the appointed day, the total number of seats to be filled by persons chosen by direct election in the legislative assemblies of maharashtra and gujarat shall be 264 and 132 respectively, and in the second schedule to the representation of the people act, 43 of a for entry 4, the following entry shall be substituted, namely: 4. gujarat . . 132 b after entry 7, the following entry shall be inserted, namely: 8. maharashtra . . 264 and c entries 8 to 13 shall be renumbered as entries 9 to 14 respectively.

section 14. of the bombay reorganisation act : as from the appointed day, the second schedule to the delimitation of parliamentary and assembly constituencies order, , shall stand amended as directed in the fourth schedule to this act.

section 15. of the bombay reorganisation act : 1 every sitting member of the legislative assembly of bombay representing a constituency which on the appointed day by virtue of the provisions of section 14 stands transferred, whether with or without alteration of boundaries, to the state of gujarat shall, as from that day, cease to be a member of the legislative assembly of bombay and shall be deemed to have been elected to the legislative assembly of gujarat by that constituency as so transferred. 2 all other sitting members of the legislative assembly of bombay shall become members of the legislative assembly of maharashtra and any such sitting member representing a constituency the extent or the name and extent of which are altered by virtue of the provisions of section 14 shall be deemed to have been elected to the legislative assembly of maharashtra by that constituency as so altered. 3 the sitting member of the legislative assembly of bombay nominated to that assembly under article 333 to represent the angloindian community shall be deemed to have been nominated to represent the said community in the legislative assembly of maharashtra under that article.

section 17. of the bombay reorganisation act : 1 the persons who immediately before the appointed day are the speaker and deputy speaker of the legislative assembly of bombay shall be the speaker and deputy speaker respectively of the legislative assembly of maharashtra. 2 as soon as may be after the appointed day, the legislative assembly of gujarat shall choose two members of that assembly to be respectively speaker and deputy speaker thereof and until they are so chosen, the duties of the office of speaker shall be performed by such member of the assembly as the governor may appoint for the purpose.

section 21. of the bombay reorganisation act : as from the appointed day, there shall be 78 seats in the legislative council of maharashtra, and in the third schedule to the representation of the people act, 43 of , a the entry no. 3 relating to bombay shall be omitted and the existing entries 4 and 5 shall be renumbered as entries 3 and 4 respectively b after the entry relating to madras, the following entry shall be inserted, namely: 5. maharashtra.. .

section 22. of the bombay reorganisation act : as from the appointed day, the delimitation of council constituencies bombay order, shall stand amended as directed in the fifth schedule.

section 18. of the bombay reorganisation act : the rules as to procedure and conduct of business in force immediately before the appointed day with respect to the legislative assembly of bombay shall, until rules are made under clause 1 of article 208, have effect in relation to the legislative assembly of maharashtra or of gujarat, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 19. of the bombay reorganisation act : 1 the total number of seats in the legislative assembly of gujarat to be filled by persons chosen by direct election on the expiration of the duration of that assembly under section 16 or on its dissolution shall be increased from 132 to 154 and accordingly, as from the date of such expiration or dissolution, in the second schedule to the representation of the people act, 43 of , in entry 4, for the figures 132, the figures 154 shall be substituted. 2 for the purpose of giving effect to the provisions of subsection 1, the election commission shall determine in the manner hereinafter provided a the number of seats to be reserved for the scheduled castes and the scheduled tribes of the state in the legislative assembly, having regard to the relevant provisions of the constitution 1b the assembly constituencies into which the state shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the scheduled castes or for the scheduled tribes and c the adjustments in the boundaries and description of the extent of the parliamentary constituencies in the state that may be necessary or expedient. 23 in determining the matters referred to in clauses b and c of subsection 2, the election commission shall have regard to the following provisions, namely: a all the constituencies shall be singlemember constituencies b all the constituencies shall, as far as practicable, be geographically compact areas and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience and c constituencies in which seats are reserved either for the scheduled castes or for the scheduled tribes shall, as far as practicable, be located in the areas in which the population of the scheduled castes or, as the case may be, of the scheduled tribes is most concentrated, but in regard to scheduled castes, care should be taken to distribute the reserved seats in different areas of the state. 4 for the purpose of assisting the election commission in the performance of its functions under subsection 2, the commission shall associate with itself such five persons as the central government shall by order specify, being persons who are members either of the legislative assembly of the state or of the house of the people representing the state: provided that none of the said associate members shall have a right to vote or to sign any decision of the election commission. 5 the election commission shall a publish its proposals in regard to matters mentioned in subsection 2 in the official gazette of the state together with a notice specifying the date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration, hold one or more public sittings at such place or places as it thinks fit c make an order revising to such extent as may be necessary or expedient the schedules to the delimitation of parliamentary and assembly constituencies order, , in so far as they relate to the state and d send authenticated copies of the order to the central government and to the state government. 6 as soon as may be after the said order is received by the central government or the state government, it shall be laid before the house of the people or, as the case may be, the legislative assembly of the state. 7 an order made by the election commission under this section shall have the full force of law and shall not be called in question in any court. 1 subs. by act 1 of , s. 6, for clause b w.e.f. . 2 subs. by s. 6, ibid., for subsection 3 w.e.f. .

section 20. of the bombay reorganisation act : as from the appointed day, in article 168 of the constitution, in subclause a of clause 1, the word bombay shall be omitted, and after the word madras, the word maharashtra shall be inserted.

section 23. of the bombay reorganisation act : 1 on the appointed day a the sitting members of the legislative council of bombay specified in the sixth schedule shall cease to be members of that council and b all other sitting members of that council shall become members of the legislative council of maharashtra and any such sitting member representing a council constituency the extent of which is altered by virtue of the provisions of section 22 shall be deemed to have been elected to the legislative council of maharashtra by that constituency as so altered. 2 the term of office of the members referred to in clause b of subsection 1 shall remain unaltered.

section 30. of the bombay reorganisation act : the high court of gujarat shall have, in respect of any part of the territories included in the state of gujarat, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court of bombay.

section 26. of the bombay reorganisation act : as from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the seventh schedule.

section 24. of the bombay reorganisation act : 1 notwithstanding anything contained in section 16 of the representation of the people act, 43 of , no notification under that section shall be published before the appointed day for holding biennial elections to fill the seats of members of the legislative council of bombay, retiring on the expiration of their term of office on the 24th day of april, . 2 the term of office of the members of the said council elected to fill the vacancies at the said biennial elections shall expire on the 24th day of april, .

section 27. of the bombay reorganisation act : as from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the eighth schedule.

section 31. of the bombay reorganisation act : power to enrol advocates, etc.rep. by the advocates act, 25 of , s. 50 and the schedule w.e.f. .

section 25. of the bombay reorganisation act : 1 the person who immediately before the appointed day is the deputy chairman of the legislative council of bombay shall be the deputy chairman of the legislative council of maharashtra. 2 as soon as may be after the completion of the biennial elections referred to in section 24, the legislative council of maharashtra shall choose one of its members to be the chairman thereof.

section 28. of the bombay reorganisation act : 1 as from the appointed day, there shall be a separate high court for the state of gujarat hereinafter referred to as the high court of gujarat and the high court of bombay shall become the high court for the state of maharashtra hereinafter referred to as the high court at bombay. 2 the principal seat of the high court of gujarat shall be at such place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of gujarat may sit at such other place or places in the state of gujarat other than its principal seat as the chief justice may, with the approval of the governor of gujarat, appoint.

section 32. of the bombay reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of bombay shall, with the necessary modifications, apply in relation to the high court of gujarat, and accordingly, the high court of gujarat shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the high court of bombay: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court of bombay shall, until varied or revoked by rules or orders made by the high court of gujarat, apply with the necessary modifications in relation to practice and procedure in the high court of gujarat as if made by that court.

section 29. of the bombay reorganisation act : 1 such of the judges of the high court of bombay holding office immediately before the appointed day as may be determined by the president shall on that day cease to be judges of the high court at bombay and become judges of the high court of gujarat. 2 the persons who by virtue of subsection 1 become judges of the high court of gujarat shall, except in the case where any such person is appointed to be the chief justice of that high court, rank in that court according to the priority of their respective appointments as judges of the high court of bombay.

section 40. of the bombay reorganisation act : nothing in this part shall affect the application to the high court of gujarat of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 33. of the bombay reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of bombay shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of gujarat.

section 35. of the bombay reorganisation act : the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court of bombay and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of gujarat.

section 34. of the bombay reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of bombay shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of gujarat.

section 36. of the bombay reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of bombay and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court of gujarat.

section 39. of the bombay reorganisation act : for the purposes of section 37 a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 42. of the bombay reorganisation act : the governor of bombay may, at any time before the appointed day, authorise such expenditure from the consolidated fund of the state of gujarat as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state of gujarat: provided that the governor of gujarat may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of gujarat for any period not extending beyond the said period of six months.

section 43. of the bombay reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the state of bombay in respect of any period prior to the appointed day shall be submitted to the governor of each of the states of maharashtra and gujarat who shall cause them to be laid before the legislature of the state. 2 the president may by order a declare any expenditure incurred out of the consolidated fund of bombay on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 37. of the bombay reorganisation act : 1 except as hereinafter provided, the high court at bombay shall, as from the appointed day, have no jurisdiction in respect of the transferred territory. 2 such proceedings pending in the high court of bombay immediately before the appointed day as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of gujarat shall, as soon as may be after such certification, be transferred to the high court of gujarat. 3 notwithstanding anything contained in subsections 1 and 2 of this section or in section 30, but save as hereinafter provided, the high court at bombay shall have, and the high court of gujarat shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of bombay before the appointed day: provided that if after any such proceedings have been entertained by the high court at bombay, it appears to the chief justice of that high court that they ought to be transferred to the high court of gujarat, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of bombay a before the appointed day, in any proceedings transferred to the high court of gujarat by virtue of subsection 2, or b in any proceedings with respect to which the high court at bombay retains jurisdiction by virtue of subsection 3, shall for all purposes have effect, not only as an order of the high court at bombay, but also as an order made by the high court of gujarat.

section 38. of the bombay reorganisation act : any person, who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act, in the high court of bombay and was authorised to appear or to act in any proceedings transferred from that high court to the high court of gujarat under section 37, shall have the right to appear or to act, as the case may be, in the high court of gujarat in relation to those proceedings.

section 41. of the bombay reorganisation act : without prejudice to the provisions of section 51 of the states reorganisation act, 37 of , such judges of the high court at bombay, being not less than three in number, as the chief justice may from time to time nominate, shall sit at nagpur in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of buldana, akola, amravati, yeotmal, wardha, nagpur, bhandara, chanda and rajura: provided that the chief justice may, in his discretion, order that any case arising in any such district shall be heard at bombay.

section 44. of the bombay reorganisation act : the allowances and privileges of the governor of gujarat shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 51. of the bombay reorganisation act : 1 out of the investments of the state of bombay made before the appointed day in the cash balance investment account of the state, such securities of the value of ten crores of rupees, as the central government may by order specify, shall pass to the state of gujarat in connection with the construction of a capital for that state and the remaining investments in the said account shall be divided between the states of maharashtra and gujarat according to the population ratio. 2 the investments of the state of bombay immediately before the appointed day in the state famine relief fund, the state road fund, the fund for development schemes, the insurance fund, the bombay state milk fund, the securities adjustment reserve fund and any other general fund and the sums at the credit of that state in the central road fund shall be divided between the states of maharashtra and gujarat according to the population ratio. 3 the investments of the state of bombay immediately before the appointed day in the dangs district reserve fund, the port reserve fund, the port development fund and the anand institute fund shall pass to the state of gujarat and the investments in any other special fund the objects of which are confined to a local area shall belong to the state in which that area is included on the appointed day. 4 the investments of the state of bombay immediately before the appointed day in any private commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the cash balance investment account, shall pass to the state in which the principal seat of business of the undertaking is located. 5 where any body corporate constituted under a central act, state act or provincial act for the state of bombay or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, the investments in, or loans or advances to, any such body corporate by the state of bombay made before the appointed day shall, save as otherwise expressly provided by or under this act, be divided between the states of maharashtra and gujarat in the same proportion in which the assets of the body corporate are divided under the provisions of part vii.

section 45. of the bombay reorganisation act : 1 section 3 of the union duties of excise distribution act, 55 of , sections 3 and 5 of the estate duty and tax on railway passenger fares distribution act, 57 of , section 4 of, and the second schedule to, the additional duties of excise goods of special importance act, 58 of , and paragraph 3 of the constitution distribution of revenues no. 2 order, , shall have effect subject to such modifications as are specified in the ninth schedule. 2 the total amount payable to the state of maharashtra under the enactments and order referred to in subsection 1 in respect of the part of the financial year beginning with the appointed day and in respect of the financial year shall be reduced by a sum of 602 lakhs of rupees and 614 lakhs of rupees, respectively and the total amount payable to the state of gujarat, under those enactments and order in respect of each of those periods shall be correspondingly increased.

section 46. of the bombay reorganisation act : the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the state of bombay immediately before the appointed day.

section 48. of the bombay reorganisation act : the total of the cash balances in all treasuries of the state of bombay and the credit balances of that state with the reserve bank of india, the state bank of india and the state bank of saurashtra immediately before the appointed day shall be divided between the states of maharashtra and gujarat according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two states in the books of the reserve bank of india on the appointed day: provided further that if the state of gujarat has no account on the appointed day with the reserve bank of india, the adjustment shall be made in such manner as the central government may, by order, direct.

section 47. of the bombay reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the state of bombay shall, a if within the transferred territory, pass to the state of gujarat or b in any other case, remain the property of the state of maharashtra: provided that where the central government is of opinion that any goods or class of goods should be distributed otherwise than according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall remain the property of the state of maharashtra or, as the case may be, pass to the state of gujarat, accordingly. 2 any such stores of the state of bombay as are referred to in the tenth schedule shall be divided between the states of maharashtra and gujarat in the manner specified therein. 3 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 49. of the bombay reorganisation act : the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the state in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the state in whose territories the place of assessment of that tax or duty is included on the appointed day: provided that any sum recovered after the appointed day in respect of any arrears of tax accruing during the period between the 1st day of january, , and the 30th day of april, both days inclusive under the central sales tax act, 74 of , or the bombay sales tax act, bom. act li of , shall, after deducting the cost of collection thereof, be divided between the states of maharashtra and gujarat according to the population ratio.

section 50. of the bombay reorganisation act : 1 the right of the state of bombay to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that state shall belong to the state in which that area is included on that day. 2 the right of the state of bombay to recover any loans or advances made before the appointed day to any person or institution outside that state shall belong to the state of maharashtra: provided that any sum recovered in respect of any such loan or advance shall be divided between the states of maharashtra and gujarat according to the population ratio.

section 52. of the bombay reorganisation act : 1 out of the investments in the cash balance investment account which remain with the state of maharashtra after giving effect to the provisions of section 51, such securities of the value of 1,420 lakhs of rupees as the central government may by order specify shall stand transferred to the state of gujarat. 2 there shall be constituted in the state of gujarat a fund to be called the special revenue reserve fund consisting of the securities transferred to that state under subsection 1 and such other securities belonging to the state of gujarat of the value of 1,419 lakhs of rupees as the central government may by order specify. 3 from and out of the fund constituted under subsection 2, there shall be transferred as receipts in the revenue account of the state of gujarat in each of the financial years specified in column 1 of the following table a sum set out against that year in column 2 thereof, and in the financial year , the balance, if any, remaining in that fund: table financial year amount in lakhs of rupees. 1 2 612 585 561 526 433 340 209

section 54. of the bombay reorganisation act : 1 the public debt of the state of bombay attributable to loans raised by the issue of government securities and outstanding with the public immediately before the appointed day shall, as from that day, be the debt of the state of maharashtra: provided that a the state of gujarat shall be liable to pay to the state of maharashtra its share of the sums due from time to time for the servicing and repayment of the debt and b for the purpose of determining the said share, the debt shall be deemed to be divided between the states of maharashtra, and gujarat as if it were a debt referred to in subsection 2 or subsection 3, as the case may be. 2 the public debt of the state of bombay attributable to loans taken from the central government, the national cooperative development and warehousing board or the khadi and village industries commission or from any other source for the express purpose of relending the same to a specific institution and outstanding immediately before the appointed day shall, a if relent to any local body, body corporate or other institution in any local area, be the debt of the state in which the local area is included on the appointed day or b if relent to the bombay state electricity board, the bombay state road transport corporation, or the bombay housing board or any other institution which becomes an interstate institution on the appointed day, be divided between the states of maharashtra and gujarat in the same proportion in which the assets of such body corporate or institution are divided under the provisions of part vii. 3 the remaining public debt of the state of bombay attributable to loans taken from the central government, the reserve bank of india or any other body corporate and outstanding immediately before the appointed day shall be divided between the states of maharashtra and gujarat in proportion to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred up to the appointed day in the territories included respectively in each of those states: provided that for the purposes of such division, only the expenditure on assets for which capital accounts have been kept shall be taken into account. explanation.where any expenditure on capital works or other capital outlays cannot be allocated between the territories included in the states of maharashtra and gujarat, such expenditure shall, for the purposes of this subsection, be deemed to have been incurred in those territories according to the population ratio. 4 where a sinking fund or a depreciation fund is maintained by the state of bombay for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the states of maharashtra and gujarat in the same proportion in which the total public debt is divided between the two states under this section. explanation.for the purposes of this subsection, the fund in the public account of the state of bombay known as the debt redemption and avoidance fund shall be deemed to be a sinking fund. 5 the share of the state of gujarat in the liability on account of public debt apportioned under subsection 3 shall be reduced by 1,419 lakhs of rupees and the share of the state of maharashtra in such liability shall be correspondingly increased. 6 in this section, the expression government security means a security created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under clause 2 of section 2 of the public debt act, 18 of .

section 59. of the bombay reorganisation act : the liability of the state of bombay in respect of pensions shall pass to, or be apportioned between, the states of maharashtra and gujarat in accordance with the provisions contained in the eleventh schedule.

section 53. of the bombay reorganisation act : 1 the assets and liabilities relating to any commercial or industrial undertaking of the state of bombay shall pass to the state in which the undertaking is located. 2 where a depreciation reserve fund is maintained by the state of bombay for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the state in which the undertaking is located.

section 55. of the bombay reorganisation act : 1 the liability of the state of bombay in respect of any floating debt of a merged state shall be the liability of the state in whose territories the area of the merged state is included on the appointed day. 2 the liability of the state of bombay in respect of any other floating loan to provide shortterm finance to any commercial undertaking shall be the liability of the state in whose territories the undertaking is located.

section 60. of the bombay reorganisation act : 1 where, before the appointed day, the state of bombay has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power, a if such purposes are, as from that day, exclusively purposes of either the state of maharashtra or the state of gujarat, of that state and b in any other case, of the state of maharashtra and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the state of bombay, be rights or liabilities of the state of maharashtra or the state of gujarat, as the case may be: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between the state of maharashtra and the state of gujarat or, in default of such agreement, as the central government may by order direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 56. of the bombay reorganisation act : the liability of the state of bombay to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the state in which the property is situated, and the liability of the state of bombay to refund any other tax or duty collected in excess shall be the liability of the state in whose territories the place of assessment of that tax or duty is included: provided that the liability to refund any amount after the appointed day on account of any excess collected in respect of any tax accruing during the period between the 1st day of january, , and the 30th day of april, both days inclusive under the central sales tax act, 74 of or the bombay sales tax act, bom. act li of , shall be shared between the two states of maharashtra and gujarat according to the population ratio.

section 57. of the bombay reorganisation act : 1 the liability of the state of bombay in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the state in whose area the deposit has been made. 2 the liability of the state of bombay in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the state in whose area the institution entitled to the benefit of the endowment is located or of the state to which the objects of the endowment, under the terms thereof, are confined.

section 58. of the bombay reorganisation act : the liability of the state of bombay in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the state to which that government servant is permanently allotted.

section 61. of the bombay reorganisation act : where, immediately before the appointed day, the state of bombay is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the territories which, as from that day, are the territories of the state of maharashtra or the state of gujarat, be a liability of that state and b in any other case, be initially a liability of the state of maharashtra, but subject to such financial adjustment as may be agreed upon between the states of maharashtra and gujarat or, in default of such agreement, as the central government may by order direct.

section 68. of the bombay reorganisation act : 1 the following bodies corporate constituted for the state of bombay, namely: a the state electricity board constituted under the electricity supply act, 54 of and b the state warehousing corporation established under the agricultural produce development and warehousing corporations act, 28 of , shall, as from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the board or the corporation shall include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the board or the corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on, the 1st day of october, , or such earlier date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the state of maharashtra and the state of gujarat in such manner as may be agreed upon between them within one year of the dissolution of the board or the corporation, as the case may be, or if no agreement is reached, in such manner as the central government may by order determine. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of maharashtra or, as the case may be, the government of the state of gujarat from constituting, at any time on or after the appointed day, a state electricity board or a state warehousing corporation for that state under the provisions of the act relating to such board or corporation and if such a board or corporation is so constituted in either of the states before the dissolution of the board or the corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new board or the new corporation to take over from the existing board or corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of the existing board or corporation, any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board or the new corporation instead of to that state.

section 63. of the bombay reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 62. of the bombay reorganisation act : where, immediately before the appointed day, the state of bombay is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability shall, a if the area of operations of such society or person is limited to the territories which, as from that day, are the territories of the state of maharashtra or of the state of gujarat, be a liability of that state and b in any other case, be initially a liability of the state of maharashtra, subject to such financial adjustment as may be agreed upon between the states of maharashtra and gujarat or, in default of such agreement, as the central government may by order direct.

section 67. of the bombay reorganisation act : all sums payable either by the state of maharashtra or by the state of gujarat to the other state or by the central government to either of those states, by virtue of the provisions of this act, shall be charged on the consolidated fund of the state by which such sums are payable or, as the case may be, the consolidated fund of india.

section 64. of the bombay reorganisation act : the benefit or burden of any asset or liability of the state of bombay not dealt with in the foregoing provisions of this part shall pass to the state of maharashtra in the first instance, subject to such financial adjustment as may be agreed upon between the states of maharashtra and gujarat before the 1st day of april, or, in default of such agreement, as the central government may by order direct.

section 66. of the bombay reorganisation act : where, by virtue of any of the provisions of this part, any of the states of maharashtra and gujarat becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribution towards that liability should be made by the other state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order determine.

section 65. of the bombay reorganisation act : where the states of maharashtra and gujarat agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 76. of the bombay reorganisation act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted by the state transport authority of bombay or any regional transport authority in that state shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority of gujarat or any regional transport authority therein for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state governments of maharashtra and gujarat, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in the state of gujarat under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory: provided that the central government may, after consultation with the state governments of maharashtra and gujarat, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 69. of the bombay reorganisation act : if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of part ii, outside the state in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems proper to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 70. of the bombay reorganisation act : 1 the bombay state financial corporation established under the state financial corporations act, 63 of shall, as from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the corporation shall include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 a general meeting of the corporation shall be convened, in accordance with the rules to be made in this behalf by the central government, by the board thereof before the 31st day of july, , or within such further time as the central government may allow, for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court at bombay as may be nominated in this behalf by the chief justice thereof, and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of gujarat from constituting, at any time on or after the appointed day, a state financial corporation for that state under the state financial corporations act, 63 of .

section 71. of the bombay reorganisation act : in the road transport corporations act, , 1 in section 47a, a in subsection 1, i for the words, letters and figures, the whole or any part of a state in respect of which a corporation was, immediately before the 1st day of november, , the words or any other enactment relating to reorganisation of states, the whole or any part of a state in respect of which a corporation was, immediately before the day on which the reorganisation takes place, shall be substituted ii in the explanation, for clause i, the following clause shall be substituted, namely: i in relation to the bombay state road transport corporation, shall mean the government of the state of maharashtra or of gujarat as formed under the bombay reorganisation act, b in subsection 3, in clause f, after the words and figures the states reorganisation act, , the words or any other enactment relating to reorganisation of states shall be inserted 2 after section 47a, the following section shall be inserted, namely: 48. transitional provision relating to bombay state road transport corporation.notwithstanding anything contained in section 47a, it shall be lawful for the government of the state of bombay to frame a scheme under subsection 1 thereof and forward the same to the central government before the 1st day of may, , and in such a case, the power conferred on the central government to make an order under subsection 2 thereof may be exercised before that day but no order so made shall take effect till that day..

section 75. of the bombay reorganisation act : in the interstate corporations act, , in the preamble, in section 2, in clause f of subsection 2 of section 4 and in section 5, after the words and figures the states reorganisation act, , wherever they occur, the words or of any other enactment relating to reorganisation of states shall be inserted.

section 72. of the bombay reorganisation act : 1 in the indian bar councils act, 38 of , a in section 4, i to subsection 2, the following explanation shall be added, namely: explanation.for the purpose of election to the bar council for the high court of gujarat, the period of ten years aforesaid shall be computed after taking into account the period for which the person concerned was entitled as of right to practise in the high court of bombay or of saurashtra or in the judicial commissioners court of kutch before the 1st day of may, . ii for the proviso to subsection 4, the following proviso shall be substituted, namely: provided that the advocatesgeneral of west bengal, madras, maharashtra and gujarat shall be chairmen exofficio, respectively, of the bar councils constituted for the high courts of those states. b after section 5, the following section shall be inserted, namely: 5a. ad hoc bar council for gujarat high court.notwithstanding anything contained in this act, the chief justice of the high court of gujarat shall nominate the members of the first bar council under this act for the high court of gujarat and the members so nominated shall remain in office for a period of twelve months.. 2 the assets and liabilities of the bar council for the high court of bombay shall be divided between the bar councils for the high court at bombay and the high court of gujarat in such manner as may be agreed upon, and in default of such agreement, as may be directed by the attorneygeneral for india.

section 79. of the bombay reorganisation act : 1 the government of the state of maharashtra or, as the case may be, the government of the state of gujarat shall, in respect of the institutions specified in the thirteenth schedule located in that state, continue to provide facilities to the people of the other state which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two state governments before the 1st day of october, , or, if no agreement is reached by the said date, as may be fixed by order of the central government. 2 the central government may, at any time before the 1st day of october, , by notification in the official gazette, specify in the thirteenth schedule any other institution existing on the appointed day in the state of maharashtra or of gujarat, and on the issue of such notification, the schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 74. of the bombay reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the state of bombay or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, then, the body corporate shall, as from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction.

section 73. of the bombay reorganisation act : in the multiunit cooperative societies act, , after section 5b, the following section shall be inserted, namely: 5c. transitional provision relating to certain multiunit cooperative societies.1 where, in respect of any cooperative society specified in the twelfth schedule, which under the provisions of subsection 1 of section 5a becomes a multiunit cooperative society, the board of directors unanimously adopts any scheme for the reconstitution, reorganisation or dissolution of the society, including proposals for the formation of new cooperative societies and the transfer thereto of the assets and liabilities and employees of that society and the state government of bombay certifies the scheme at any time before the 1st day of may, , then notwithstanding anything contained in subsection 2 or subsection 3 or subsection 4 of the said section or any other law, regulation or byelaw for the time being in force in relation to that society, the scheme so certified shall be binding on all societies affected by the scheme, as well as the shareholders, creditors and employees of all such societies, subject to such financial adjustments as may be directed in this behalf under subsection 3, but no such scheme shall be given effect to before the said day. 2 when a scheme in respect of a cooperative society is so certified, the central registrar shall place the scheme at a meeting, held in such manner as may be prescribed by rules made under this act, of all the persons who, immediately before the date of certification of the scheme, were members of the society and the scheme may be approved by a resolution passed by a majority of the members present and voting at the said meeting. 3 if the scheme is not so approved or is approved with modifications, the central registrar may refer the scheme to such judge of the high court at bombay as may be nominated in this behalf by the chief justice thereof and the judge may direct such financial adjustments to be made among the societies affected as he deems necessary, and the scheme shall be deemed to be approved subject to those financial adjustments. 4 if in consequence of the directions given under subsection 3, a society becomes liable to pay any sum of money, the state within whose area the society is located shall be liable as guarantor in respect of the payment of such money..

section 77. of the bombay reorganisation act : where on account of the reorganisation of the state of bombay under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such cooperative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other cooperative society or undertaking, then notwithstanding anything contained in section 25f of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman is transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f of the industrial disputes act, 14 of , on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 78. of the bombay reorganisation act : where the assets, rights and liabilities of any body corporate carrying on any business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of section 24 of the indian incometax act, 11 of , shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of section 24 of the said act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 80. of the bombay reorganisation act : 1 in this section, the expression state cadre a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, , and b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, . 2 in place of the cadres of the indian administrative service and the indian police service existing in the state of bombay immediately before the appointed day, there shall, as from that day, be two separate cadres, one for the state of maharashtra, and the other for the state of gujarat, in respect of each of these services. 3 the initial strength and composition of each of the state cadres shall be such as the central government may by order determine before the appointed day. 4 the members of each of the said services borne on those cadres for the state of bombay immediately before the appointed day shall be allocated to the state cadres of the same service for each of the states of maharashtra and gujarat in such manner and with effect from such date or dates as the central government may, by order, specify. 5 nothing in this section shall be deemed to affect the operation, after the appointed day, of the allindia services act, 61 of , or the rules made thereunder in relation to the state cadres of the said services constituted under subsection 2 and in relation to the members of those services borne on the said cadres.

section 87. of the bombay reorganisation act : the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bombay shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 81. of the bombay reorganisation act : 1 every person who, immediately before the appointed day, is serving in connection with the affairs of the state of bombay shall, as from that day, provisionally continue to serve in connection with the affairs of the state of maharashtra, unless he is required, by general or special order of the central government, to serve provisionally in connection with the affairs of the state of gujarat. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the state to which every person provisionally allotted to the state of maharashtra or gujarat, shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to the state of maharashtra or gujarat shall, if he is not already serving therein, be made available for serving in that state from such date as may be agreed upon between the two state governments or, in default of such agreement, as may be determined by the central government. 4 the central government may by order establish one or more advisory committees for the purpose of assisting it in regard to a the division and integration of the services among the states of maharashtra and gujarat and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons. 5 the foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 80 apply. 6 nothing in this section shall be deemed to affect, after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of maharashtra or gujarat: provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to the state of maharashtra or gujarat under this section shall not be varied to his disadvantage except with the previous approval of the central government.

section 85. of the bombay reorganisation act : as from the appointed day, in article 371 of the constitution, in clause 2 a for the words the state of bombay, the words the state of maharashtra or gujarat shall be substituted and b for the words the rest of maharashtra, the words and the rest of maharashtra or, as the case may be, shall be substituted.

section 84. of the bombay reorganisation act : 1 the public service commission for the state of bombay shall, as from the appointed day, become the public service commission for the state of maharashtra. 2 the report of the bombay public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of maharashtra and gujarat, and the governor of maharashtra shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of maharashtra and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of the state of gujarat.

section 82. of the bombay reorganisation act : every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the state of bombay in any area which on that day falls within the state of maharashtra or gujarat shall continue to hold the same post or office in that state and shall be deemed, as from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, that state: provided that nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing, in relation to such person, any order affecting his continuance in such post or office.

section 83. of the bombay reorganisation act : the central government may give such directions to the state governments of maharashtra and gujarat as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 86. of the bombay reorganisation act : in section 15 of the states reorganisation act, i in clause d, for the words bombay and mysore, the words gujarat and maharashtra shall be substituted and ii in clause e, for the words madras and kerala, the words madras, mysore and kerala shall be substituted.

section 90., for exercising statutory functions. of the bombay reorganisation act : the government of the state of gujarat, as respects the transferred territory may, by notification in the official gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 88. of the bombay reorganisation act : for the purpose of facilitating the application in relation to the state of maharashtra or gujarat of any law made before the appointed day, the appropriate government may, before the expiration of one year from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law, the state government.

section 89. of the bombay reorganisation act : notwithstanding that no provision or insufficient provision has been made under section 88 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of maharashtra or gujarat, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 96. of the bombay reorganisation act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 91. of the bombay reorganisation act : where immediately before the appointed day, the state of bombay is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the states of maharashtra and gujarat under this act, the state of maharashtra or gujarat which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the state of bombay as a party to those proceedings, and the proceedings may continue accordingly.

section 92. of the bombay reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of maharashtra shall, if it is a proceeding relating exclusively to the transferred territory stand transferred to the corresponding court, tribunal, authority or officer in the state of gujarat. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court at bombay and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in the state of gujarat means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority, or officer in that state, as may be determined after the appointed day by the government of that state, or before the appointed day by the government of bombay, to be the corresponding court, tribunal, authority or officer.

section 95. of the bombay reorganisation act : if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulties.

section 93. of the bombay reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the state of bombay shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of gujarat.

section 94. of the bombay reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 8. of the bihar and west bengal transfer of territories act : nothing in section 3 shall be deemed to affect the extent of the constituency of any sitting member of the existing house of the people from bihar.

section 1. of the bihar and west bengal transfer of territories act : this act may be called the bihar and west bengal transfer of territories act, .

section 2. of the bihar and west bengal transfer of territories act : in this act, unless the context otherwise requires, a appointed day means the 1st day of november, b article means an article of the constitution c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d election commission means the election commission appointed by the president under article 324 e law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of bihar or west bengal f notified order means an order published in the official gazette g population ratio means such ratio as the central government may, by notified order, specify to be the ratio between the population as ascertained at the last census of the state of bihar excluding the transferred territories and the population as so ascertained of the transferred territories h prescribed means prescribed by rules made under this act i sitting member, in relation to either house of parliament or of the legislature of a state means a person who, immediately before the appointed day, is a member of that house j transferred territories means the territories transferred from the state of bihar to the state of west bengal by section 3 k treasury includes a subtreasury.

section 7. of the bihar and west bengal transfer of territories act : in order that, as nearly as may be, onethird of the members of the council of states may retire on the 2nd day of april, , and on the expiration of every second year thereafter, the president shall, after consultation with the election commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6.

section 4. of the bihar and west bengal transfer of territories act : as from the appointed day, in the first schedule to the constitution, in part a, in the description of the territories of states, a after the paragraph relating to the territory of the state of assam, the following paragraphs shall be inserted, namely: the territory of the state of bihar shall comprise the territories which immediately before the commencement of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province, but shall not include the territories specified in subsection 1 of section 3 of the bihar and west bengal transfer of territories act, . the territory of the state of west bengal shall comprise the territories which immediately before the commencement of this constitution were either comprised in the province of west bengal or were being administered as if they formed part of that province and the territory of chandernagore as defined in clause c of section 2 of the chandernagore merger act, , and also the territories specified in subsection 1 of section 3 of the bihar and west bengal transfer of territories act, . b in the 1st paragraph, the words, brackets, letter and figures and in the case of the state of west bengal, shall also comprise the territory of chandernagore as defined in clause c of section 2 of the chandernagore merger act, , shall be omitted.

section 9. of the bihar and west bengal transfer of territories act : the sitting members of the legislative assembly of bihar representing the thakurganj, karandighi, paracumchas and barabazarcumchandil constituencies shall, notwithstanding the reduction in the extent of those constituencies by the transfer of portions thereof to west bengal, continue to be members of the legislative assembly of bihar and the sitting members of that assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the legislative assembly of west bengal and cease to be members of the legislative assembly of bihar.

section 6. of the bihar and west bengal transfer of territories act : as soon as may be after the appointed day, byeelections shall be held to fill the vacancies existing on that day in the seats allotted to bihar and west bengal.

section 3. of the bihar and west bengal transfer of territories act : 1 as from the appointed day, there shall be added to the state of west bengal the territories which on the 1st day of march, , were comprised in a that portion of kishanganj subdivision of purnea district which lies to the east of the boundary line demarcated in accordance with the provisions of subsection 2 by an authority appointed in this behalf by the central government and that portion of gopalpur thana of the said district which lies to the east or north, as the case may be, of the said boundary line and b purulia subdivision of manbhum district, excluding chas thana, chandil than a and patamda police station of barabhum thana and the said territories shall thereupon cease to form part of the state of bihar. 2 the boundary line referred to in subsection 1 shall be so demarcated as to be generally two hundred yards to the west of the highway in purnea district connecting dalkola, kishanganj and chopra with siliguri in darjeeling district and two hundered yards to the south or southwest of the highway in purnea district connecting dalkola and karandighi with raiganj in west dinajpur district: provided that the boundary line shall be so demarcated as not to cut across any village or town: provided further that from the point where the firstmentioned highway meets the southern boundary of kishanganj municipality to the point where it leaves the northern boundary of that municipality, the boundary line shall be the same as the boundary of that municipality on the east. 3 the territory specified in clause a of subsection 1 shall be included in, and form part of, darjeeling district, and the territory specified in clause b of that subsection shall form a separate district to be known as purulia district within burdwan division of the state of west bengal. 4 nothing in subsection 3 shall be deemed to affect the power of the state government to alter after the appointed day the name, extent and boundaries of any district or division in the state of west bengal.

section 5. of the bihar and west bengal transfer of territories act : as from the appointed day, in the fourth schedule to the constitution, in the table of seats, for the entries in the second column relating, to bihar and west bengal, the entries 22 and 16 shall, respectively, be substituted.

section 14. of the bihar and west bengal transfer of territories act : as soon as may be after the commencement of this act, the president may, by notified order, make such modifications in the constitution scheduled castes order, , and the constitution scheduled tribes order, , as he thinks fit, having regard to the transfer of territories effected by section 3.

section 10. of the bihar and west bengal transfer of territories act : the changes in the composition of the legislative assemblies of bihar and west bengal under section 9 shall not affect their duration as provided in clause 1 of article 172.

section 11. of the bihar and west bengal transfer of territories act : 1 any reference in the delimitation of council constituencies bihar order, , to the state of bihar, bhagalpur division or chota nagpur division shall be construed as excluding the transferred territories from that state or division, as the case may be. 2 every sitting member of the legislative council of bihar representing a council constituency the extent of which is altered by virtue of subsection 1 shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered.

section 16. of the bihar and west bengal transfer of territories act : 1 as soon as may be after the commencement of this act, the central government shall, by notified order, appoint an authority a to determine on the basis of the population figures notified under section 15 the number of seats to be reserved for the scheduled castes and the scheduled tribes of bihar and of west bengal in the house of the people and in the legislative assembly of each of those states having regard to the relevant provisions of the constitution and of this act and b to revise to such extent as may be necessary or expedient having regard to the said provisions, the orders of the delimitation commission made under section 8 of the delimitation commission act, 81 of , with respect to bihar and west bengal. 2 the said authority shall perform its functions in such manner and shall follow such procedure, as may be prescribed.

section 15. of the bihar and west bengal transfer of territories act : 1 after the said orders have been so modified, the population as at the last census of the scheduled castes and of the scheduled tribes in bihar and west bengal shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified by that authority in the gazette of india. 2 the population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.

section 18. of the bihar and west bengal transfer of territories act : any person who immediately before the appointed day is an advocate entitled to practise in the high court at patna and was authorised to appear in any proceedings transferred from that high court to the high court at calcutta under section 17 shall have the right to appear in the high court at calcutta in relation to those proceedings.

section 17. of the bihar and west bengal transfer of territories act : 1 except as hereinafter provided, a the jurisdiction of the high court at calcutta shall, as from the appointed day, extend to the transferred territories and b the high court at patna shall, as from that day, have no jurisdiction in respect of the transferred territories. 2 such proceeding spending in the high court at patna immediately before the appointed day as are certified by the chief justice of that high court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court at calcutta shall, as soon as may be after such certification, be transferred to the high court at calcutta. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court at patna shall have, and the high court at calcutta shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court at patna before the appointed day: provided that if, after such proceedings have been entertained by the high court at patna, it appears to the chief justice of that high court that they ought to be transferred to the high court at calcutta, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at patna a before the appointed day in any proceedings transferred to the high court at calcutta by virtue of subsection 2 or b in any proceedings with respect to which the high court at patna retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect, not only as an order of the high court at patna, but also as an order made by the high court at calcutta.

section 19. of the bihar and west bengal transfer of territories act : for the purposes of sections 17 and 18, a proceedings shall be deemed to be pending in the high court at patna until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the cost of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 12. of the bihar and west bengal transfer of territories act : 1 any reference in the delimitation of council constituencies west bengal order, , to the state of west bengal, burdwan division or darjeeling district shall be construed as including the transferred territories to that state, division or district, as the case may be. 2 in the table appended to the said order, in the entry in the second column, against west bengal west graduates constituency, after the word bankura, the word purulia shall be inserted. 3 every sitting member of the legislative council of west bengal representing a council constituency the extent of which is altered by virtue of subsection 1 or subsection 2 shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered.

section 13. of the bihar and west bengal transfer of territories act : the number of seats in the house of the people allotted to bihar and to west bengal and the number of seats assigned to the legislative assembly of each of those states by order of the delimitation commission under the delimitation commission act, 1 of , shall be modified as follows: number of seats in the house of the people number of seats in the legislative assembly bihar . . . . . . . . west bengal . . . . . .

section 20. of the bihar and west bengal transfer of territories act : 1 as from the appointed day any act passed by the legislature of west bengal before that day for the appropriation of any money out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the transferred territories, and it shall be lawful for the state government to spend any amount in those territories out of the amount authorised by such act to be expended for any service in that state. 2 the governor of west bengal may, after the appointed day, authorise such expenditure from the consolidated fund of the state as he deems necessary for any purpose or service in the transferred territories for any period not extending beyond the 31st clay of march, .

section 27. of the bihar and west bengal transfer of territories act : 1 the assets and liabilities relating to any commercial or industrial undertaking of bihar located in the transferred territories shall pass to west bengal. 2 where a depreciation reserve fund is maintained by bihar for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall also pass to west bengal.

section 21. of the bihar and west bengal transfer of territories act : section 3 of the union duties of excise distribution act, 3 of , and paragraphs 3, 4 and 5 of the constitution distribution of revenues order, shall, in respect of the financial year have effect subject to such modifications as the president may, by notified order, specify, having regard to the transfer of territories effected by section 3 of this act.

section 22. of the bihar and west bengal transfer of territories act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods in the transferred territories belonging to the state of bihar shall, as from the appointed day, pass to the state of west bengal. 2 any unissued stores of any class in bihar shall be divided between west bengal and bihar in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of march, for the transferred territories and for the rest of bihar. provided that nothing in this subsection shall apply to stores held for specific purposes such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction. 3 in this section, the expression land includes immovable property of every kind and any rights in or over such property and the expression goods does not include coins, bank notes and currency notes.

section 23. of the bihar and west bengal transfer of territories act : the total of the cash balances in all treasuries of bihar and the credit balances of bihar with the reserve bank of india immediately before the appointed day shall be divided between that state and west bengal according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall he effected by adjusting the credit balances of bihar and west bengal in the books of the reserve bank of india on the appointed day.

section 26. of the bihar and west bengal transfer of territories act : the investments in the cash balance investments account, the famine relief fund and the general fund of bihar and the sums at the credit of bihar in the central road fund shall be divided between bihar and west bengal according to the population ratio and the investments in any special fund the objects of which are confined to the transferred territories or any part thereof shall pass to west bengal.

section 24. of the bihar and west bengal transfer of territories act : the right of bihar to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, shall belong to west bengal and the right of bihar to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall also belong to west bengal.

section 25. of the bihar and west bengal transfer of territories act : the right to recover any loans or advances made before the appointed day by bihar to any local body, society, agriculturist or other person in the transferred territories shall belong to west bengal.

section 28. of the bihar and west bengal transfer of territories act : 1 the public debt of bihar attributable to loans raised by the issue of government securities and outstanding with the public immediately before the appointed day shall continue to be the debt of bihar: provided that a west bengal shall be liable to pay to bihar a share of the sums due from time to time for the servicing and repayment of the public debt and b for the purpose of determining the said share, the said debt shall be deemed to be divided between bihar and west bengal as if it were a debt referred to in subsection 2. 2 the public debt of bihar attributable to loans taken from the central government, the reserve bank of india or any other bank before the appointed day shall be divided between bihar and west bengal in proportion to the total expenditure on all capital works and other capital outlays incurred up to the appointed day in the territories of bihar excluding the transferred territories and in the transferred territories, respectively: provided that for the purposes of such division, only expenditure on assets for which capital accounts have been kept shall be taken into account. 3 where a sinking fund or depreciation fund is maintained by bihar for the repayment for any loan raised by it, the securities held in respect of investments made from that fund shall be divided between bihar and west bengal in the same proportion as the public debt referred to in subsection 2. 4 in this section, the expression government security means a security created and issued for the purpose of raising a public loan and having any of the forms specified or prescribed under clause 2 of section 2 of the public debt act, 18 of .

section 35. of the bihar and west bengal transfer of territories act : where, immediately before the appointed day, bihar is liable as guarantor in respect of any liability of a registered cooperative society, that liability shall a if the area of the societys operations is limited to the transferred territories, be a liability of west bengal and b in any other case, continue to be a liability of bihar.

section 30. of the bihar and west bengal transfer of territories act : the liability of bihar in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of west bengal.

section 31. of the bihar and west bengal transfer of territories act : the liability of bihar in respect of the provident fund account of any government servant who, being in service on the appointed day, is permanently allotted to west bengal shall, as from that day, be the liability of west bengal.

section 29. of the bihar and west bengal transfer of territories act : the liability of bihar to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of west bengal and the liability of bihar to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of west bengal.

section 32. of the bihar and west bengal transfer of territories act : the liability of bihar in respect of pensions shall be apportioned between that state and west bengal in accordance with the provisions contained in the schedule.

section 33. of the bihar and west bengal transfer of territories act : 1 where, before the appointed day, the state of bihar has made any contract in the exercise of its executive power for any purposes of the state that contract shall be deemed to have been made in the exercise of the executive power a of bihar, if the purposes of the contract are, as from the appointed day, exclusively purposes of that state b of west bengal, if the purposes of the contract are, as from that day, exclusively purposes of that state and c of bihar, in any other case and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of bihar, be rights or liabilities of bihar or of west bengal, as the case may be: provided that in any such case as is referred to in clause c, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between the two states, or in default of such agreement, as the central government may by order direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and, b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations, and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 39. of the bihar and west bengal transfer of territories act : 1 as from the appointed day, the financial corporations constituted under the state financial corporations act, 63 of , for the states of bihar and west bengal shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 3. 2 bihar shall be liable to pay to west bengal on account of its share of the paidup capital of the bihar state financial corporation such amount as the central government may by order determine.

section 34. of the bihar and west bengal transfer of territories act : where, immediately before the appointed day, bihar is subject to any liability in respect of actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the transferred territories, be a liability of west bengal b if the cause of action arose wholly within the territories of bihar excluding the transferred territories, be a liability of bihar and c in any other case, be initially a liability of bihar, but subject to such financial adjustment as may be agreed upon between that state and west bengal, or in default of such agreement, as the central government may by order direct.

section 36. of the bihar and west bengal transfer of territories act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 37. of the bihar and west bengal transfer of territories act : where either bihar or west bengal becomes entitled to any property or obtains any benefits or becomes subject to any liability and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribution towards that liability should be made by the other state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability of such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order determine.

section 38. of the bihar and west bengal transfer of territories act : all sums payable by either bihar or west bengal to the other state by virtue of the provisions of this part shall be charged on the consolidated fund of the state by which such sums are payable.

section 40. of the bihar and west bengal transfer of territories act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted by the state transport authority of bihar or by any regional transport authority in bihar shall, if such permit was immediately before the appointed day valid and effective in any area within the transferred territories, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority of west bengal or by any regional transport authority in west bengal for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state governments, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no toll, entrance fee or other charge of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in the transferred territories under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fee or other charge for its operations beyond the boundaries of bihar: provided that the central government may, after consultation with both the state governments, authorise the levy of any such toll, entrance fee or other charge, as the case may be.

section 41. of the bihar and west bengal transfer of territories act : 1 every person who immediately before the appointed day is serving in connection with the affairs of bihar shall, as from that day, continue so to serve, unless he is required by general or special order of the central government to serve provisionally in connection with the affairs of west bengal. 2 as soon as may be after the appointed day, the central government shall by general or special order determine the state to which every person provisionally allotted to west bengal shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to bihar or west bengal shall, if he is not already serving therein, be made available for serving in that state from such date as may be agreed upon between the two state governments and in default of such agreement, as may be determined by the central government. 4 nothing in this section shall be deemed to affect after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of bihar or of west bengal: provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to west bengal under this section shall not be varied to his disadvantage except with the previous approval of the central government. 5 the central government may at any time before or after the appointed day give such directions to either state government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the state government shall comply with such directions.

section 42. of the bihar and west bengal transfer of territories act : every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of bihar in any area within the transferred territories shall continue to hold the same post or office in west bengal, and shall be deemed as from that day to have been duly appointed to that post or office by the government of, or other appropriate authority in, west bengal: provided that nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office.

section 43. of the bihar and west bengal transfer of territories act : the provisions of section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to bihar or west bengal shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 44. of the bihar and west bengal transfer of territories act : for the purpose of facilitating the application of any law in relation to bihar or west bengal, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent authority or competent legislature. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list the central government, and as respects any other law, the state government.

section 49. of the bihar and west bengal transfer of territories act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to west bengal.

section 50. of the bihar and west bengal transfer of territories act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 46. for exercising statutory functions. of the bihar and west bengal transfer of territories act : the government of west bengal may, by notification in the official gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day in any part of the transferred territories as may be mentioned in that notification, and such law shall have effect accordingly.

section 45. of the bihar and west bengal transfer of territories act : notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to bihar or west bengal, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 47. of the bihar and west bengal transfer of territories act : where, immediately before the appointed day, the state of bihar is a party to any legal proceedings with respect to any property rights or liabilities transferred to the state of west bengal under this act, that state shall be deemed to be substituted for the state of bihar as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 52. of the bihar and west bengal transfer of territories act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 12 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 4 of , s. 2 and the schedule, for subsection 2 w.e.f. .

section 48. of the bihar and west bengal transfer of territories act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer a in any area which on that day remains within bihar shall, if it is a proceeding relating exclusively to any part of the transferred territories, stand transferred to the corresponding court, tribunal authority or officer in west bengal and b in any area which on that day falls within the transferred territories shall, if it is a proceeding relating exclusively to any part of the territories remaining within bihar, stand transferred to the corresponding court, tribunal, authority or officer in that state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal authority or officer in a state means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of that state, or before the appointed day by the government of bihar, to be the corresponding court, tribunal authority or officer.

section 51. of the bihar and west bengal transfer of territories act : if any difficulty arises in giving effect to the provisions of this act, the president may by order do anything not inconsistent with such provision which appear to him to be necessary or expedient for the purpose of removing the difficulty.

section 8. of the hindu adoptions and maintenance act : 18. capacity of a female hindu to take in adoption.any female hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption: provided that, if she has a husband living, she shall not adopt a son or daughter except with the consent of her husband unless the husband has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind. 1. subs. by act 30 of , s. 3, for section 8 w.e.f. .

section 1. of the hindu adoptions and maintenance act : 1 this act may be called the hindu adoptions and maintenance act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the hindu adoptions and maintenance act : any male hindu who is of sound mind and is not a minor has the capacity to takes on or a daughter in adoption: provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the word or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind. explanation.if a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.

section 2. of the hindu adoptions and maintenance act : 1 this act applies a to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj, b to any person who is a buddhist, jaina or sikh by religion, and c to any other person who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed. explanation.the following persons are hindus, buddhists, jainas or sikhs by religion, as the case may be: a any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion b any child, legitimate or illegitimate, one of whose parents is a hindu, buddhist, jaina or sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged 1 2 bb any child, legitimate or illegitimate, who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a hindu, buddhist, jaina or sikh and c any person who is a convert or reconvert to the hindu, buddhist, jaina or sikh religion. 2 notwithstanding anything contained in subsection 1, nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause 25 of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. 3 the expression hindu in any portion of this act shall be construed as if it included a person who, though not a hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section. 1. the word and omitted by act 45 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 3. of the hindu adoptions and maintenance act : in this act, unless the context otherwise requires, a the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among hindus in any local area, tribe, community, group or family: provided that the rule is certain and not unreasonable or opposed to public policy: and provided further that, in the case of a rule applicable only to a family, it has not been discontinued by the family b maintenance includes i in all cases, provision for food, clothing, residence, education and medical attendance and treatment ii in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage c minor means a person who has not completed his or her age of eighteen years.

section 5. of the hindu adoptions and maintenance act : 1 no adoption shall be made after the commencement of this act by or to a hindu except in accordance with the provisions contained in this chapter, and any adoption made in contravention of the said provisions shall be void. 2 an adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.

section 9. of the hindu adoptions and maintenance act : 1 no person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. 12 subject to the provisions of subsection 4, the father or the mother, if alive, shall have equal right to give a son or daughter in adoption: provided that such right shall not be exercised by either of them save with the consent of the other unless one of them has completely and finally renounced the world or has ceased to be a hindu or has been declared by a court of competent jurisdiction to be of unsound mind. 2 34 where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself. 5 before granting permission to a guardian under subsection 4, the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction. explanation.for the purposes of this section i the expressions father and mother do not include an adoptive father and an adoptive mother 4 5ia guardian means a person having the care of the person of a child or of both his person and property and includes a a guardian appointed by the will of the childs father or mother, and b a guardian appointed or declared by a court and ii court means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. 1. subs. by s. 3, ibid., for subsection 2 w.e.f. . 2. subsection 3 omitted by s. 3, ibid. w.e.f. . 3. subs. by act 45 of , s. 3, for subsection 4 w.e.f. . 4. the word and omitted by s. 3, ibid. w.e.f. . 5. ins. by s. 3, ibid.w.e.f. .

section 4. of the hindu adoptions and maintenance act : save as otherwise expressly provided in this act, a any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act b any other law in force immediately before the commencement of this act shall cease to apply to hindus in so far as it is inconsistent with any of the provisions contained in this act.

section 6. of the hindu adoptions and maintenance act : no adoption shall be valid unless i the person adopting has the capacity, and also the right, to take in adoption ii the person giving in adoption has the capacity to do so iii the person adopted is capable of being taken in adoption and iv the adoption is made in compliance with the other conditions mentioned in this chapter.

section 15. of the hindu adoptions and maintenance act : no adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.

section 10. of the hindu adoptions and maintenance act : no person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely: i he or she is a hindu ii he or she has not already been adopted iii he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption iv he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

section 17. of the hindu adoptions and maintenance act : 1 no person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section. 2 if any person contravenes the provisions of subsection1, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both. 3 no prosecution under this section shall be instituted without the previous sanction of the state government or an officer authorised by the state government in this behalf.

section 11. of the hindu adoptions and maintenance act : in every adoption, the following conditions must be complied with: i if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a hindu son sons son or sons sons son whether by legitimate blood relationship or by adoption living at the time of adoption ii if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a hindu daughter or sons daughter whether by legitimate blood relationship or by adoption living at the time of adoption iii if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twentyone years older than the person to be adopted iv if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twentyone years older than the person to be adopted v the same child may not be adopted simultaneously by two or more persons vi the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth 1or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption: provided that the performance of datta homam shall not be essential to the validity of an adoption. 1. ins. by act 45 of , s. 4 w.e.f. .

section 12. of the hindu adoptions and maintenance act : an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: provided that a the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth b any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth c the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

section 13. of the hindu adoptions and maintenance act : subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.

section 14. of the hindu adoptions and maintenance act : 1where a hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother. 2 where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be stepmothers. 3 where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the stepmother of the adopted child. 4 where a window or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the stepfather of the adopted child.

section 18. of the hindu adoptions and maintenance act : 1 subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during her life time. 2 a hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance, a if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of wilfully neglecting her b if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband 1 d if he has any other wife living e if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere f if he has ceased to be a hindu by conversion to another religion g if there is any other cause justifying her living separately. 3 a hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a hindu by conversion to another religion. 1. clause c omitted by act 6 of , s. 6 w.e.f. .

section 16. of the hindu adoptions and maintenance act : whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this act unless and until it is disproved. state amendments uttar pradesh. amendment of section 16 of act 78 of .in the hindu adaptation and maintenance act, , section 16 shall be renumbered as subsection 1 thereof, and after subsection 1 as so renumbered the following subsection shall be inserted namely: 2 in case any adoption made on or after the first day of january, no court in uttar pradesh shall accept any evidence in proof of the giving and taking of the child in adoption, except a document recording an adoption, made and signed by the person giving and the person taking the child in adoption, and registered under any law for the time being in force provided that secondary evidence of such document shall be admissible in the circumstances and the manner laid down in the indian evidence act, 1 of .. vide uttar pradesh act 57 of , s. 35

section 21. of the hindu adoptions and maintenance act : for the purposes of this chapter dependants mean the following relatives of the deceased: i his or her father ii his or her mother iii his widow, so long as she does not remarry iv his or her son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his fathers or mothers estate, and in the case of a greatgrandson, from the estate of his father or mother or fathers father or fathers mother v his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance, in the case of a granddaughter from her fathers or mothers estate and in the case of a greatgranddaughter from the estate of her father or mother or fathers father or fathers mother vi his widowed daughter: provided and to the extent that she is unable to obtain maintenance a from the estate of her husband or b from her son or daughter if any, or his or her estate or c from her fatherinlaw or his father or the estate of either of them vii any widow of his son or of a son of his predeceased son, so long as she does not remarry: provided and to the extent that she is unable to obtain maintenance from her husbands estate, or from her son or daughter, if any, or his or her estate or in the case of a grandsons widow, also from her fatherinlaws estate viii his or her minor illegitimate son, so long as he remains a minor ix his or her illegitimate daughter, so long as she remains unmarried.

section 19. of the hindu adoptions and maintenance act : 1 a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained after the death of her husband by her fatherinlaw: provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance a from the estate of her husband or her father or mother, or b from her son or daughter, if any, or his or her estate. 2 any obligation under subsection 1 shall not be enforceable if the fatherinlaw has not the means to do so from any coparcenary property in his possession out of which the daughterin law has not obtained any share, and any such obligation shall cease on the remarriage of the daughterinlaw.

section 24. of the hindu adoptions and maintenance act : no person shall be entitled to claim maintenance under this chapter if he or she has ceased to be a hindu by conversion to another religion.

section 22. of the hindu adoptions and maintenance act : 1 subject to the provisions of subsection 2, the heirs of a deceased hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased. 2 where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a hindu dying after the commencement of this act, the dependant shall be entitled, subject to the provisions of this act, to maintenance from those who take the estate. 3 the liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her. 4 notwithstanding anything contained in subsection 2 or subsection 3, no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this act.

section 23. of the hindu adoptions and maintenance act : 1 it shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this act, and in doing so the court shall have due regard to the considerations set out in subsection 2 or subsection 3, as the case may be, so far as they are applicable. 2 in determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this act, regard shall be had to a the position and status of the parties b the reasonable wants of the claimant c if the claimant is living separately, whether the claimant is justified in doing so d the value of the claimants property and any income derived from such property, or from the claimants own earnings or from any other source e the number of persons entitled to maintenance under this act. 3 in determining the amount of maintenance, if any, to be awarded to a dependent under this act, regard shall be had to a the net value of the estate of the deceased after providing for the payment of his debts b the provision, if any, made under a will of the deceased in respect of the dependant c the degree of relationship between the two d the reasonable wants of the dependant e the past relations between the dependant and the deceased f the value of the property of the dependant and any income derived from such property or from his or her earnings or from any other source g the number of dependants entitled to maintenance under this act.

section 27. of the hindu adoptions and maintenance act : a dependants claim for maintenance under this act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement between the dependant and the owner of the estate or portion, or otherwise.

section 25. of the hindu adoptions and maintenance act : the amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

section 20. of the hindu adoptions and maintenance act : 1 subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. 2 a legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. 3 the obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property. explanation.in this section parent includes a childless stepmother.

section 30.savings of the hindu adoptions and maintenance act : nothing contained in this act shall affect any adoption made before the commencement of this act, and the validity and effect of any such adoption shall be determined as if this act had not been passed.

section 29. of the hindu adoptions and maintenance act : repeals.rep. by the repealing and amending act, 58 of, s. 2 and the first schedule w.e.f. .

section 28. of the hindu adoptions and maintenance act : where a dependant has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous but not against the transferee for consideration and without notice of the right.

section 26. of the hindu adoptions and maintenance act : subject to the provisions contained in section 27 debts of every description contracted or payable by the deceased shall have priority over the claims of his dependants for maintenance under this act.

section 1. of the securities contracts regulation act : 1 this act may be called the securities contracts regulation act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 20th february, , vide notification no. s.r.o. 528, dated 16th february, , see gazette of india, extraordinary, part ii, sec. 3.

section 5. of the securities contracts regulation act : 11 if the central government is of opinion that the recognition granted to a stock exchange under the provisions of this act should, in the interest of the trade or in the public interest, be withdrawn, the central government may serve on the governing body of the stock exchange a written notice that the central government is considering the withdrawal of the recognition for the reasons stated in the notice, and after giving an opportunity to the governing body to be heard in the matter, the central government may withdraw, by notification in the official gazette, the recognition granted to the stock exchange: provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the central government may, after consultation with the stock exchange, make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date. 22 where the recognised stock exchange has not been corporatised or demutualised or it fails to submit the scheme referred to in subsection 1 of section 4b within the specified time therefor or the scheme has been rejected by the securities and exchange board of india under subsection 5 of section 4b, the recognition granted to such stock exchange under section 4, shall, notwithstanding anything to the contrary contained in this act, stand withdrawn and the central government shall publish, by notification in the official gazette, such withdrawal of recognition: provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the securities and exchange board of india may, after consultation with the stock exchange, make such provisions as it deems fit in the order rejecting the scheme published in the official gazette under subsection 5 of section 4b. 1. section 5 numbered as subsection 1 thereof by act 1 of , s. 4 w.e.f. . 2. ins. by s. 4, ibid. w.e.f. .

section 2. of the securities contracts regulation act : show related subordinates in this act, unless the context otherwise requires, a contract means a contract for or relating to the purchase or sale of securities 1aa corporatisation means the succession of a recognised stock exchange, being a body of individuals or a society registered under the societies registration act, 21 of , by another stock exchange, being a company incorporated for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities carried on by such individuals or society ab demutualisation means the segregation of ownership and management from the trading rights of the members of a recognised stock exchange in accordance with a scheme approved by the securities and exchange board of india 2 3ac derivative includes a a security derived from a debt instrument, share, loan, whether secured or unsecured, risk instrument or contract for differences or any other form of security b a contact which derives its value from the prices, or index of prices, of underlying securities 4c commodity derivatives and d such other instruments as may be declared by the central government to be derivatives b government security means a security created and issued, whether before or after the commencement of this act, by the central government or a state government for the purpose of raising a public loan and having one of the forms specified in clause 2 of section 2 of the public debt act, 13 of 4bb goods mean every kind of movable property other than actionable claims, money and securities bc commodity derivative means a contract i for the delivery of such goods, as may be notified by the central government in the official gazette, and which is not a ready delivery contract or ii for differences, which derives its value from prices or indices of prices of such underlying goods or activities, services, rights, interests and events, as may be notified by the central government, in consultation with the board, but does not include securities as referred to in subclauses a and b of clause ac c member means a member of a recognised stock exchange 4ca nontransferable specific delivery contract means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, warehouse receipt or any other documents of title relating thereto are not transferable d option in securities means a contract for the purchase or sale of a right to buy or sell, or a right to buy and sell, securities in future, and includes a teji, a mandi, a teji mandi, a galli, a put, a call or a put and call in securities 5ida pooled investment vehicle means a fund established in india in the form of a trust or otherwise, such as mutual fund, alternative investment fund, collective investment scheme or a business trust as defined in subsection 13a of section 2 of the incometax act, 43 of and registered with the securities and exchange board of india, or such other fund, which raises or collects monies from investors and invests such funds in accordance with such regulations as may be made by the securities and exchange board of india in this behalf e prescribed means prescribed by rules made under this act 4ea ready delivery contract means a contract which provides for the delivery of goods and the payment of a price therefor, either immediately, or within such period not exceeding eleven days after the date of the contract and subject to such conditions as the central government may, by notification in the official gazette, specify in respect of any goods, the period under such contract not being capable of extension by the mutual consent of the parties thereto or otherwise: provided that where any such contract is performed either wholly or in part i by realisation of any sum of money being the difference between the contract rate and the settlement rate or clearing rate or the rate of any offsetting contract or ii by any other means whatsoever, and as a result of which the actual tendering of the goods covered by the contract or payment of the full price therefor is dispensed with, then such contract shall not be deemed to be a ready delivery contract f recognised stock exchange means a stock exchange which is for the time being recognised by the central government under section 4 g rules, with reference to the rules relating in general to the constitution and management of a stock exchange, includes, in the case of a stock exchange which is an incorporated association, its memorandum and articles of association 6ga scheme means a scheme for corporatisation or demutualisation of a recognised stock exchange which may provide for i the issue of shares for a lawful consideration and provision of trading rights in lieu of membership cards of members of a recognised stock exchange ii the restrictions on voting rights iii the transfer of property, business, assets, rights, liabilities, recognitions, contracts of the recognised stock exchange, legal proceedings by, or against, the recognised stock exchange, whether in the name of the recognised stock exchange or any trustee or otherwise and any permission given to, or by, the recognised stock exchange iv the transfer of employees of a recognised stock exchange to another recognised stock exchange v any other matter required for the purpose of, or in connection with, the corporatisation or demutulisation, as the case may be, of the recognised stock exchange 7 8gb securities appellate tribunal means a securities appellate tribunal established under subsection 1 of section 15k of the securities and exchange board of india act, 15 of h securities include i shares, scrips stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or 9 or a pooled investment vehicle or other body corporate 10ia derivative ib units or any other instrument issued by any collective investment scheme to the investors in such schemes 11ic security receipt as defined in clause zg of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of 12id units or any other such instrument issued to the investors under any mutual fund scheme 13ida units or any other instrument issued by any pooled investment vehiclebr 14explanation.for the removal of doubts, it is hereby declared that securities shall not include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a combined benefit risk on the life of the persons and investment by such persons and issued by an insurer referred to in clause 9 of section 2 of the insurance act, 4 of . 15ie any certificate or instrument by whatever name called, issued to an investor by any issuer being a special purpose distinct entity which possesses any debt or receivable, including mortgage debt, assigned to such entity, and acknowledging beneficial interest of such investor in such debt or receiveable including mortgage debt, as the case may be ii government securities and iii rights or interests in securities 16ha specific delivery contract means a commodity derivative which provides for the actual delivery of specific qualities or types of goods during a specified future period at a price fixed thereby or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned 17i spot delivery contract means a contract which provides for, a actual delivery of securities and the payment of a price therefor either on the same day as the date of the contract or on the next day, the actual period taken for the dispatch of the securities or the remittance of money therefor through the post being excluded from the computation of the period aforesaid if the parties to the contract do not reside in the same town or locality b transfer of the securities by the depository from the account of a beneficial owner to the account of another beneficial owner when such securities are dealt with by a depository 18j stock exchange means a any body of individuals, whether incorporated or not, constituted before corporatisation and demutualisation under sections 4a and 4b, or b a body corporate incorporated under the companies act, whether under a scheme of corporatisation and demutualisation or otherwise, for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities 19k transferable specific delivery contract means a specific delivery contract which is not a nontransferable specific delivery contract and which is subject to such conditions relating to its transferability as the central government may by notification in the official gazette, specify in this behalf. 1. ins. by act 1 of , s. 2 w.e.f. . 2. ins. by act 31 of , s. 2 w.e.f. . 3. clause aa relettered as clause ac thereof by act 1 of , s. 2 w.e.f. . 4. ins. by act 20 of , s. 133 w.e.f. . 5. ins. by act 13 of , s. 148 w.e.f. . 6. ins. by act 1 of , s. 2 w.e.f. . 7. ins. by act 32 of , s. 2 w.e.f. . 8. clause ga relettered as clause gb thereof by s. 2, ibid. w.e.f.. 9. subs. by act 13 of , s. 148, for other body corporate w.e.f. . 10. ins. by act 31 of , s. 2 w.e.f. . 11. ins. by act 54 of , s. 41 and the schedule w.e.f. . 12. ins. by act 1 of , s. 2 w.e.f. . 13. ins by act 13 of , s. 148 w.e.f.. 14. the explanation ins. by act 26 of , s. 4 w.e.f. . 15. ins. by act 27 of , s. 2 w.e.f. . 16. ins. by act 20 of , s. 133 w.e.f. . 17. subs. by act 22 of , s. 30 and the schedule, for clause i w.e.f. . 18. subs. by act 1 of , s. 2, for clause j w.e.f. . 19. ins. by act 20 of , s. 133 w.e.f. .

section 2a. of the securities contracts regulation act : 12a. interpretation of certain words and expressions.words and expressions used herein and not defined in this act but defined in the companies act, 1 of or the securities and exchange board of india act, 15 of or the depositories act, 22 of shall have the same meanings respectively assigned to them in those acts. 1. ins. by act 32 of , s. 3 w.e.f. .

section 3. of the securities contracts regulation act : 1 any stock exchange, which is desirous of being recognised for the purposes of this act, may make an application in the prescribed manner to the central government. 2 every application under subsection 1 shall contain such particulars as may be prescribed, and shall be accompanied by a copy of the byelaws of the stock exchange for the regulation and control of contracts and also a copy of the rules relating in general to the constitution of the stock exchange, and in particular, to a the governing body of such stock exchange, its constitution and powers of management and the manner in which its business is to be transacted b the powers and duties of the office bearers of the stock exchange c the admission into the stock exchange of various classes of members, the qualifications for membership, and the exclusion, suspension, expulsion and readmission of members therefrom or thereinto d the procedure for the registration of partnerships as members of the stock exchange in cases where the rules provide for such membership and the nomination and appointment of authorised representatives and clerks.

section 4. of the securities contracts regulation act : 1 if the central government is satisfied, after making such inquiry as may be necessary in this behalf and after obtaining such further information, if any, as it may require, a that the rules and byelaws of a stock exchange applying for registration are in conformity with such conditions as may be prescribed with a view to ensure fair dealing and to protect investors b that the stock exchange is willing to comply with any other conditions including conditions as to the number of members which the central government, after consultation with the governing body of the stock exchange and having regard to the area served by the stock exchange and its standing and the nature of the securities dealt with by it, may impose for the purpose of carrying out the objects of this act and c that it would be in the interest of the trade and also in the public interest to grant recognition to the stock exchange it may grant recognition to the stock exchange subject to the conditions imposed upon it as aforesaid and in such form as may be prescribed. 2 the conditions which the central government may prescribe under clause a of subsection 1 for the grant of recognition to the stock exchanges may include, among other matters, conditions relating to, i the qualifications for membership of stock exchanges ii the manner in which contracts shall be entered into and enforced as between members iii the representation of the central government on each of the stock exchanges by such number of persons not exceeding three as the central government may nominate in this behalf and iv the maintenance of accounts of members and their audit by chartered accountants wherever such audit is required by the central government. 3 every grant of recognition to a stock exchange under this section shall be published in the gazette of india and also in the official gazette of the state in which the principal office of the stock exchange is situate, and such recognition shall have effect as from the date of its publication in the gazette of india. 4 no application for the grant of recognition shall be refused except after giving an opportunity to the stock exchange concerned to be heard in the matter and the reasons for such refusal shall be communicated to the stock exchange in writing. 5 no rules of a recognised stock exchange relating to any of the matters specified in subsection 2 of section 3 shall be amended except with the approval of the central government.

section 7. of the securities contracts regulation act : every recognised stock exchange shall furnish the central government with a copy of the annual report, and such annual report shall contain such particulars as may be prescribed.

section 7a. of the securities contracts regulation act : 17a. power of recognised stock exchange to make rules restricting voting rights, etc.1 a recognised stock exchange may make rules or amend any rules made by it to provide for all or any of the following matters, namely: a the restriction of voting rights to members only in respect of any matter placed before the stock exchange at any meeting b the regulation of voting rights in respect of any matter placed before the stock exchange at any meeting so that each member may be entitled to have one vote only, irrespective of his share of the paidup equity capital of the stock exchange c the restriction on the right of a member to appoint another person as his proxy to attend and vote at a meeting of the stock exchange d such incidental, consequential and supplementary matters as may be necessary to give effect to any of the matters specified in clauses a, b and c. 2 no rules of a recognised stock exchange made or amended in relation to any matter referred to in clauses a to d of subsection 1 shall have effect until they have been approved by the central government and published by that government in the official gazette and, in approving the rules so made or amended, the central government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the central government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the companies act, 1 of . 1. ins. by act 49 of , s. 2 w.e.f. .

section 4a. of the securities contracts regulation act : 14a. corporatisation and demutualisation of stock exchanges.on and from the appointed date, all recognised stock exchanges if not corporatised and demutualised before the appointed date shall be corporatised and demutualised in accordance with the provisions contained in section 4b: provided that the securities and exchange board of india may, if it is satisfied that any recognised stock exchange was prevented by sufficient cause from being corporatised and demutualised on or after the appointed date, specify another appointed date in respect of that recognised stock exchange and such recognised stock exchange may continue as such before such appointed date. explanation.for the purposes of this section, appointed date means the date which the securities and exchange board of india may, by notification in the official gazette, appoint and different appointed dates may be appointed for different recognised stock exchanges. 1. ins. by act 1 of , s. 3 w.e.f. .

section 8. of the securities contracts regulation act : 1 where, after consultation with the governing bodies of stock exchanges generally or with the governing body of any stock exchange in particular, the central government is of opinion that it is necessary or expedient so to do, it may, by order in writing together with a statement of the reasons therefor, direct recognised stock exchanges generally or any recognised stock exchange in particular, as the case may be, to make any rules or to amend any rules already made in respect of all or any of the matters specified in subsection 2 of section 3 within a period of 1two months from the date of the order . 2 if any recognised stock exchange fails or neglects to comply with any order made under subsection 1 within the period specified therein, the central government may make the rules for, or amend the rules made by, the recognised stock exchange, either in the form proposed in the order or with such modifications thereof as may be agreed to between the stock exchange and the central government. 3 where in pursuance of this section any rules have been made or amended, the rules so made or amended shall be published in the gazette of india and also in the official gazette or gazettes of the state or states in which the principal office or offices of the recognised stock exchange or exchanges is or are situate, and, on the publication thereof in the gazette of india, the rules so made or amended shall, notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force, have effect, as if they had been made or amended by the recognised stock exchange or stock exchanges, as the case may be. 1. subs. by act 9 of , s. 19, for six months w.e.f. .

section 4b. of the securities contracts regulation act : 14b. procedure for corporatisation and demutualisation.1 all recognised stock exchanges referred to in section 4a shall, within such time as may be specified by the securities and exchange board of india, submit a scheme for corporatisation and demutualisation for its approval: provided that the securities and exchange board of india, may, by notification in the official gazette, specify name of the recognised stock exchange, which had already been corporatised and demutualised, and such stock exchange shall not be required to submit the scheme under this section. 2 on receipt of the scheme referred to in subsection 1, the securities and exchange board of india may, after making such enquiry as may be necessary in this behalf and obtaining such further information, if any, as it may require and if it is satisfied that it would be in the interest of the trade and also in the public interest, approve the scheme with or without modification. 3 no scheme under subsection 2 shall be approved by the securities and exchange board of india if the issue of shares for a lawful consideration or provision of trading rights in lieu of membership card of the members of a recognised stock exchange or payment of dividends to members have been proposed out of any reserves or assets of that stock exchange. 4 where the scheme is approved under subsection 2, the scheme so approved shall be published immediately by a the securities and exchange board of india in the official gazette b the recognised stock exchange in such two daily newspapers circulating in india, as may be specified by the securities and exchange board of india, and upon such publication, notwithstanding anything to the contrary contained in this act or any other law for the time being in force or any agreement, award, judgment, decree or other instrument for the time being in force, the scheme shall have effect and be binding on all persons and authorities including all members, creditors, depositors and employees of the recognised stock exchange and on all persons having any contract, right, power, obligation or liability with, against, over, to, or in connection with, the recognised stock exchange or its members. 5 where the securities and exchange board of india is satisfied that it would not be in the interest of the trade and also in the public interest to approve the scheme under subsection 2, it may, by an order, reject the scheme and such order of rejection shall be published by it in the official gazette: provided that the securities and exchange board of india shall give a reasonable opportunity of being heard to all the persons concerned and the recognised stock exchange concerned before passing an order rejecting the scheme. 6 the securities and exchange board of india may, while approving the scheme under subsection 2, by an order in writing, restrict a the voting rights of the shareholders who are also stock brokers of the recognised stock exchange b the right of shareholders or a stock broker of the recognised stock exchange to appoint the representatives on the governing board of the stock exchange c the maximum number of representatives of the stock brokers of the recognised stock exchange to be appointed on the governing board of the recognised stock exchange, which shall not exceed onefourth of the total strength of the governing board. 7 the order made under subsection 6 shall be published in the official gazette and on the publication thereof, the order shall, notwithstanding anything to the contrary contained in the companies act, 1 of , or any other law for the time being in force, have full effect. 8 every recognised stock exchange, in respect of which the scheme for corporatisation or demutualisation has been approved under subsection 2, shall, either by fresh issue of equity share to the public or in any other manner as may be specified by the regulations made by the securities and exchange board of india, ensure that at least fiftyone per cent. of its equity share capital is held, within twelve months from the date of publication of the order under subsection 7, by the public other than shareholders having trading rights: provided that the securities and exchange board of india may, on sufficient cause being shown to it and in the public interest, extend the said period by another twelve months. 1. ins. by act 1 of , s. 3 w.e.f. .

section 6. of the securities contracts regulation act : 1 every recognised stock exchange shall furnish to the 1securities and exchange board of india such periodical returns relating to its affairs as may be prescribed. 2 every recognised stock exchange and every member thereof shall maintain and preserve for such periods not exceeding five years such books of account, and other documents as the central government, after consultation with the stock exchange concerned, may prescribe in the interest of the trade or in the public interest, and such books of account, and other documents shall be subject to inspection at all reasonable times 2by the securities and exchange board of india. 3 without prejudice to the provisions contained in subsections 1 and 2, the 1securities and exchange board of india, if it is satisfied that it is in the interest of the trade or in the public interest so to do, may, by order in writing, a call upon a recognised stock exchange or any member thereof to furnish in writing such information or explanation relating to the affairs of the stock exchange or of the member in relation to the stock exchange as the 1securities and exchange board of india may require or b appoint one or more persons to make an inquiry in the prescribed manner in relation to the affairs of the governing body of a stock exchange or the affairs of any of the members of the stock exchange in relation to the stock exchange and submit a report of the result of such inquiry to the 1securities and exchange board of india within such time as may be specified in the order or, in the case of an inquiry in relation to the affairs of any of the members of a stock exchange, direct the governing body to make the inquiry and submit its report to the central government. 4 where an inquiry in relation to the affairs of a recognised stock exchange or the affairs of any of its members in relation to the stock exchange has been undertaken under subsection 3, a every director, manager, secretary or other officer of such stock exchange b every member of such stock exchange c if the member of the stock exchange is a firm, every partner, manager, secretary or other officer of the firm and d every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses a, b and c, whether directly or indirectly shall be bound to produce before the authority making the inquiry all such books of account, and other documents in his custody or power relating to or having a bearing on the subjectmatter of such inquiry and also to furnish the authorities within such time as may be specified with any such statement or information relating thereto as may be required of him. 1. subs. by act 15 of , s. 33 and the schedule, for central government w.e.f. . 2. subs. by s. 33 and the schedule, ibid., for by the central government w.e.f. .

section 13a. of the securities contracts regulation act : 113a. additional trading floor.a stock exchange may establish additional trading floor with the prior approval of the securities and exchange board of india in accordance with the terms and conditions stipulated by the said board. explanation.for the purposes of this section, additional trading floor means a trading ring or trading facility offered by a recognised stock exchange outside its area of operation to enable the investors to buy and sell securities through such trading floor under the regulatory framework of that stock exchange. 1. ins. by act 9 of , s. 21 w.e.f. .

section 8a. of the securities contracts regulation act : 18a. clearing corporation.1 a recognised stock exchange may, with the prior approval of the securities and exchange board of india, transfer the duties and functions of a clearing house to a clearing corporation, being a company incorporated under the companies act, 1 of , for the purpose of a the periodical settlement of contracts and differences thereunder b the delivery of, and payment for, securities c any other matter incidental to, or connected with, such transfer. 2 every clearing corporation shall, for the purpose of transfer of the duties and functions of a clearing house to a clearing corporation referred to in subsection 1, make byelaws and submit the same to the securities and exchange board of india for its approval. 3 the securities and exchange board of india may, on being satisfied that it is in the interest of the trade and also in the public interest to transfer the duties and functions of a clearing house to a clearing corporation, grant approval to the byelaws submitted to it under subsection 2 and approve the transfer of the duties and functions of a clearing house to a clearing corporation referred to in subsection 1. 4 the provisions of sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall, as far as may be, apply to a clearing corporation referred to in subsection 1 as they apply in relation to a recognised stock exchange. 1. ins. by act 1 of , s. 5 w.e.f. .

section 9. of the securities contracts regulation act : 1 any recognised stock exchange may, subject to the previous approval of the 1securities and exchange board of india, make byelaws for the regulation and control of contracts. 2 in particular, and without prejudice to the generality of the foregoing power, such byelaws may provide for a the opening and closing of markets and the regulation of the hours of trade b a clearing house for the periodical settlement of contracts and differences there under, the delivery of and payment for securities, the passing on of delivery orders and the regulation and maintenance of such clearing house c the submission to the 1securities and exchange board of india by the clearing house as soon as may be after each periodical settlement of all or any of the following particulars as the 1securities and exchange board of india may, from time to time, require, namely: i the total number of each category of security carried over from one settlement period to another ii the total number of each category of security, contracts in respect of which have been squared up during the course of each settlement period iii the total number of each category of security actually delivered at each clearing d the publication by the clearing house of all or any of the particulars submitted to the 1securities and exchange board of india under clause c subject to the directions, if any, issued by the 1securities and exchange board of india in this behalf e the regulation or prohibition of blank transfers f the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house g the regulation, or prohibition of budlas or carryover facilities h the fixing, altering or postponing of days for settlements i the determination and declaration of market rates, including the opening, closing, highest and lowest rates for securities j the terms, conditions and incidents of contracts, including the prescription of margin requirements, if any, and conditions relating thereto, and the forms of contracts in writing k the regulation of the entering into, making, performance, rescission and termination, of contracts, including contracts between members or between a member and his constituent or between a member and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer, and the responsibility of members who are not parties to such contracts l the regulation of taravani business including the placing of limitations thereon m the listing of securities on the stock exchange, the inclusion of any security for the purpose of dealings and the suspension or withdrawal of any such securities, and the suspension or prohibition of trading in any specified securities n the method and procedure for the settlement of claims or disputes, including settlement by arbitration o the levy and recovery of fees, fines and penalties p the regulation of the course of business between parties to contracts in any capacity q the fixing of a scale of brokerage and other charges r the making, comparing, settling and closing of bargains s the emergencies in trade which may arise, whether as a result of pool or syndicated operations or cornering or otherwise, and the exercise of powers in such emergencies, including the power to fix maximum and minimum prices for securities t the regulation of dealings by members for their own account u the separation of the functions of jobbers and brokers v the limitations on the volume of trade done by any individual member in exceptional circumstances w the obligation of members to supply such information or explanation and to produce such documents relating to the business as the governing body may require. 3 the byelaws made under this section may a specify the byelaws the contravention of which shall make a contract entered into otherwise than in accordance with the byelaws void under subsection 1 of section14 b provide that the contravention of any of the byelaws shall render the member concerned liable to one or more of the following punishments, namely: i fine ii expulsion from membership iii suspension from membership for a specified period iv any other penalty of a like nature not involving the payment of money. 4 any byelaws made under this section shall be subject to such conditions in regard to previous publication as may be prescribed, and, when approved by the 1securities and exchange board of india, shall be published in the gazette of india and also in the official gazette of the state in which the principal office of the recognised stock exchange is situate, and shall have effect as from the date of its publication in the gazette of india: provided that if the 1securities and exchange board of india is satisfied in any case that in the interest of the trade or in the public interest any byelaws should be made immediately, it may, by order in writing specifying the reasons therefor, dispense with the condition of previous publication. 1. subs. by act 15 of , s. 33 and the schedule, for central government w.e.f. .

section 13. of the securities contracts regulation act : if the central government is satisfied, having regard to the nature or the volume of transactions in securities in any 2state or states or area, that is necessary so to do, it may, by notification in the official gazette, declare this section to apply to such 1state or states or area, and thereupon every contract in such 1state or states or area which is entered into after the date of the notification otherwise than 3between members of a recognised stock exchange or recognised stock exchanges in such 1state or states or area or through or with such member shall be illegal. 4provided that any contract entered into between members of two or more recognised stock exchanges in such state or states or area, shall i be subject to such terms and conditions as may be stipulated by the respective stock exchanges with prior approval of securities and exchange board of india ii require prior permission from the respective stock exchanges if so stipulated by the stock exchanges with prior approval of the securities and exchange board of india. 1. ins. by act 27 of , s. 24 w.e.f. . 2. subs. by act 1 of , s. 7, for state or area w.e.f. . 3. subs. by s. 7, ibid., for between members of a recognised stock exchange w.e.f. . 4. the proviso ins. by s. 7, ibid. w.e.f. .

section 10. of the securities contracts regulation act : 10. power of 1securities and exchange board of india to make or amend byelaws of recognised stock exchanges. 1 the 1securities and exchange board of india may, either on a request in writing received by it in this behalf from the governing body of a recognised stock exchange or on its own motion, if it is satisfied after consultation with the governing body of the stock exchange that it is necessary or expedient so to do and after recording its reasons for so doing, make byelaws for all or any of the matters specified in section 9 or amend any byelaws made by such stock exchange under that section. 2 where in pursuance of this section any byelaws have been made or amended, the duelaws so made or amended shall be published in the gazette of india and also in the official gazette of the state in which the principal office of the recognised stock exchange is situate, and on the publication thereof in the gazette of india, the byelaws so made or amended shall have effect as if they had been made or amended by the recognised stock exchange concerned. 3 notwithstanding anything contained in this section, where the governing body of a recognised stock exchange objects to any byelaws made or amended under this section by the 1securities and exchange board of india on its own motion, it may, within 2two months of the publication thereof in the gazette of india under subsection 2 , apply to the 3securities and exchange board of india for revision thereof, and the 3securities and exchange board of india may, after giving an opportunity to the governing body of the stock exchange to be heard in the matter, revise the byelaws so made or amended, and where any byelaws so made or amended are revised as a result of any action taken under this subsection, the byelaws so revised shall be published and shall become effective as provided in subsection 2. 4 the making or the amendment or revision of any byelaws under this section shall in all cases be subject to the condition of previous publication: provided that if the 3securities and exchange board of india is satisfied in any case that in the interest of the trade or in the public interest any byelaws should be made, amended or revised immediately, it may, by order in writing specifying the reasons therefor, dispense with the condition of previous publication. 1. subs. by act 15 of , s. 33 and the schedule, for central government w.e.f. . 2. subs. by act 9 of , s. 20, for six months w,e,f, . 3. subs. by act 15 of , s. 33 and the schedule, for central government w.e.f. .

section 11. of the securities contracts regulation act : 1 without prejudice to any other powers vested in the central government under this act, where the central government is of opinion that the governing body of any recognised stock exchange should be superseded, then, notwithstanding anything contained in any other law for the time being in force, the central government may serve on the governing body a written notice that the central government is considering the supersession of the governing body for the reasons specified in the notice and after giving an opportunity to the governing body to be heard in the matter it may, by notification in the official gazette, declare the governing body of such stock exchange to be superseded, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and, where more persons than one are appointed, may appoint one of such persons to be the chairman and another to be the vicechairman thereof. 2 on the publication of a notification in the official gazette under subsection 1, the following consequences shall ensue, namely: a the members of the governing body which has been superseded shall, as from the date of the notification of supersession, cease to hold office as such members b the person or persons appointed under subsection 1 may exercise and perform all the powers and duties of the governing body which has been superseded c all such property of the recognised stock exchange as the person or persons appointed under subsection 1 may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry on the business of the stock exchange, shall vest in such person or persons. 3 notwithstanding anything to the contrary contained in any law or the rules or byelaws of the recognised stock exchange the governing body of which is superseded under subsection 1, the person or persons appointed under that subsection shall hold office for such period as may be specified in the notification published under that subsection, and the central government may from time to time, by like notification, vary such period. 4 the central government may at any time before the determination of the period of office of any person or persons appointed under this section call upon the recognised stock exchange to reconstitute the governing body in accordance with its rules and on such reconstitution all the property of the recognised stock exchange which has vested in, or was in the possession of, the person or persons appointed under subsection 1 shall revest or vest, as the case may be, in the governing body so reconstituted: provided that until a governing body is so reconstituted, the person or persons appointed under subsection 1, shall continue to exercise and perform their powers and duties.

section 12. of the securities contracts regulation act : if in the opinion of the central government an emergency has risen and for the purpose of meeting the emergency the central government considers it expedient so to do, it may, by notification in the official gazette, for reasons to be set out therein, direct a recognised stock exchange to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and, if, in the opinion of the central government, the interest of the trade or the public interest requires that the period should be extended, may, by like notification extend the said period from time to time: provided that where the period of suspension is to be extended beyond the first period, no notification extending the period of suspension shall be issued unless the governing body of the 1recognised association stock exchange has been given an opportunity of being heard in the matter. 1. subs. by act 56 of , s. 2 and the first schedule w.e.f.

section 12a. of the securities contracts regulation act : 112a. power to issue directions. 21 if, after making or causing to be made an inquiry, the securities and exchange board of india is satisfied it is necessary a in the interest of investors, or orderly development of securities market b to prevent the affairs of any recognised stock exchange or clearing corporation, or such other agency or person, providing trading or clearing or settlement facility in respect of securities, being conducted in a manner detrimental to the interests of investors or securities market or c to secure the proper management of any such stock exchange or clearing corporation or agency or person, referred to in clause b, it may issue such directions, i to any stock exchange or clearing corporation or agency or person referred to in clause b or any person or class of persons associated with the securities market or ii to any company whose securities are listed or proposed to be listed in a recognised stock exchange, as may be appropriate in the interests of investors in securities and the securities market. 3iexplanation.for the removal of doubts, it is hereby declared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention. 42 without prejudice to the provisions of subsection 1 and section 23i, the securities and exchange board of india may, by an order, for reasons to be recorded in writing, levy penalty under section 23a, 23b, 23d, 23e, 23f, 23g, 23ga and 23h after holding an inquiry in the prescribed manner. 1. ins. by act 1 of , s. 6 w.e.f . 2. section 12a numbered as thereof by subsection 1 by act 13 of , s. 147 w.e.f. . 3. ins. by act 27 of , s. 24 w.e.f. . 4. ins. by act 13 of , s. 147 w.e.f. .

section 14. of the securities contracts regulation act : 1 any contract entered into in any state or area specified in the notification under section 13 which is in contravention of any of the byelaws specified in that behalf under clause a of subsection 3 of section 9 shall be void i as respects the rights of any member of the recognised stock exchange who has entered into such contract in contravention of any such byelaw, and also ii as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention. 2 nothing in subsection 1 shall be construed to affect the right of any person other than a member of the recognised stock exchange to enforce any such contract or to recover any sum under or in respect of such contract if such person had no knowledge that the transaction was in contravention of any of the byelaws specified in clause a of subsection 3 of section 9.

section 19. of the securities contracts regulation act : 1 no person shall, except with the permission of the central government, organise or assist in organising or be a member of any stock exchange other than a recognised stock exchange for the purpose of assisting in, entering into or performing any contracts in securities. 2 this section shall come into force in any state or area on such date as the central government may, by notification in the official gazette, appoint.

section 15. of the securities contracts regulation act : no member of a recognised stock exchange shall in respect of any securities enter into any contract as a principal with any person other than a member of a recognised stock exchange, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he is acting as a principal: provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure written confirmation by such persons of such consent or authority within three days from the date of the contract: provided further that no such written consent or authority of such person shall be necessary for closing out any outstanding contract entered into by such person in accordance with the byelaws, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he is acting as a principal.

section 16. of the securities contracts regulation act : 1 if the central government is of opinion that it is necessary to prevent undesirable speculations in specified securities in any state or area, it may, by notification in the official gazette, declare that no person in the state or area specified in the notification shall, save with the permission of the central government, enter into any contract for the sale or purchase of any security specified in the notification except to the extent and in the manner, if any, specified therein. 2 all contracts in contravention of the provisions of subsection 1 entered into after the date of the notification issued thereunder shall be illegal.

section 17a. of the securities contracts regulation act : 117a. public issue and listing of securities referred to in subclause ie of clause h of section 2.1 without prejudice to the provisions contained in this act or any other law for the time being in force, no securities of the nature referred to in subclause ie of clause h of section 2 shall be offered to the public or listed on any recognised stock exchange unless the issuer fulfils such eligibility criteria and complies with such other requirements as may be specified by regulations made by the securities and exchange board of india. 2 every issuer referred to in subclause ie of clause h of section 2 intending to offer the certificates or instruments referred therein to the public shall make an application, before issuing the offer document to the public, to one or more recognised stock exchanges for permission for such certificates or instruments to be listed on the stock exchange or each such stock exchange. 3 where the permission applied for under subsection 2 for listing has not been granted or refused by the recognised stock exchanges or any of them, the issuer shall forthwith repay all moneys, if any, received from applicants in pursuance of the offer document, and if any such money is not repaid within eight days after the issuer becomes liable to repay it, the issuer and every director or trustee thereof, as the case may be, who is in default shall, on and from the expiry of the eighth day, be jointly and severally liable to repay that money with interest at the rate of fifteen per cent. per annum. explanation.in reckoning the eighth day after another day, any intervening day which is a public holiday under the negotiable instruments act, 26 of , shall be disregarded, and if the eighth day as so reckoned is itself such a public holiday, there shall for the said purposes be substituted the first day thereafter which is not a holiday. 4 all the provisions of this act relating to listing of securities of a public company on a recognised stock exchange shall, mutatis mutandis, apply to the listing of the securities of the nature referred to in subclause ie of clause h of section 2 by the issuer, being a special purpose distinct entity. 1. ins. by act 27 of , s. 3 w.e.f. .

section 17. of the securities contracts regulation act : 1 subject to the provisions of subsection 3 and to the other provisions contained in this act, no person shall carry on or purport to carry on, whether on his own behalf or on behalf of any other person, the business of dealing in securities in any state or area to which section 13 has not been declared to apply and to which the central government may, by notification in the official gazette, declare this section to apply, except under the authority of a 1licence granted by the securities and exchange board of india in this behalf. 2 no notification under subsection 1 shall be issued with respect to any state or area unless the central government is satisfied, having regard to the manner in which securities are being dealt with in such state or area, that it is desirable or expedient in the interest of the trade or in the public interest that such dealings should be regulated by a system of licensing. 3 the restrictions imposed by subsection 1 in relation to dealings in securities shall not apply to the doing of anything by or on behalf of a member of any recognised stock exchange. 1. subs. by act 15 of , s. 33 and the schedule, for licence granted by the central government w.e.f

section 21a. of the securities contracts regulation act : 121a. delisting of securities.1 a recognised stock exchange may delist the securities, after recording the reasons therefor, from any recognised stock exchange on any of the ground or grounds as may be prescribed under this act: provided that the securities of a company shall not be delisted unless the company concerned has been given a reasonable opportunity of being heard. 2 a listed company or an aggrieved investor may file an appeal before the securities appellate tribunal against the decision of the recognised stock exchange delisting the securities within fifteen days from the date of the decision of the recognised stock exchange delisting the securities and the provisions of sections 22b to 22e of this act, shall apply, as far as may be, to such appeals: provided that the securities appellate tribunal may, if it is satisfied that the company was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding one month. 1. ins. by act 1 of , s. 8 w.e.f. .

section 18. of the securities contracts regulation act : 1 nothing contained in sections 13, 14, 15 and 17 shall apply to spot delivery contracts. 2 notwithstanding anything contained in subsection 1, if the central government is of opinion that in the interest of the trade or in the public interest it is expedient to regulate and control the business of delaying in spot delivery contracts also in any state or area whether section 13 has been declared to apply to that state or area or not, it may, by notification in the official gazette, declare that the provisions of section 17 shall also apply to such state or area in respect of spot delivery contracts generally or in respect of spot delivery contracts for the sale or purchase of such securities as may be specified in the notification, and may also specify the manner in which, and the extent to which, the provisions of that section shall so apply.

section 18a. of the securities contracts regulation act : 118a. contracts in derivatives.notwithstanding anything contained in any other law for the lime being in force, contracts in derivative shall be legal and valid if such contracts are a traded on a recognised stock exchange b settled on the clearing house of the recognised 2stock exchange or in accordance with the rules and byelaws of such stock exchange. 3c between such parties and on such terms as the central government may, by notification in the official gazette, specify. 1. ins. by act 31 of , s. 3 w.e.f. . 2. subs. by act 20 of , s. 134, for stock exchange , w.e.f. 3. ins. by act 20 of , s. 134 w.e.f.

section 21. of the securities contracts regulation act : 121. conditions for listing.where securities are listed on the application of any person if any recognised stock exchange, such person shall comply with the conditions of the listing agreement with that stock exchange. 1. subs. by act 9 of , s. 23, for section 21 w.e.f. .

section 20.. of the securities contracts regulation act : prohibition of options in securities. omitted by the securities laws amendment act, 9 of , s. 22 w.e.f. .

section 22. of the securities contracts regulation act : 222. right of appeal against refusal by stock exchanges to list securities of public companies.where a recognised stock exchange acting in pursuance of any power given to it by its byelaws, refuses to list the securities of any public company 3or collective investment scheme, the company 1or scheme shall be entitled to be furnished with the reasons for such refusal, and may, a within fifteen days from the date on which the reasons for such refusal are furnished to it, or b where the stock exchange has omitted or failed to dispose of, within the time specified in subsection 1 of section 73 of the companies act, 1 of hereafter in this section referred to as the specified time, the application for permission for the shares or debentures to be dealt with on the stock exchange, within fifteen days from the date of expiry of specified time or within such further period, not exceeding one month, as the central government may, on sufficient cause being shown, allow, appeal to the central government against such refusal, omission of failure, as the case may be, and thereupon the central government may, after giving the stock exchange an opportunity of being heard, i vary or set aside the decision of the stock exchange, or ii where the stock exchange has omitted or failed to dispose of the application within the specified time, grant or refuse the permission, and where the central government sets aside the decision of the recognised stock exchange or grants the permission, the stock exchange shall act in conformity with the orders of the central government: 4 provided that no appeal shall be preferred against refusal, omission or failure, as the case may be, under this section on and after the commencement of the securities laws second amendment act, 32 of . 1. subs. by act 9 of , s. 23, for section 21 w.e.f. . 2. subs. by act 41 of , s. 42, for section 22 w.e.f. . 3. ins. by act 31 of , s. 5 w.e.f. . 4. the proviso ins. by act 32 of , s. 4 w.e.f. .

section 22b. of the securities contracts regulation act : 122b. procedure and powers of securities appellate tribunal1 the securities appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the securities appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. 2 the securities appellate tribunal shall have, for the purpose of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g setting aside any order of dismissal of any application for default or any order passed by it ex parte and h any other matter which may be prescribed. 3 every proceeding before the securities appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of and the securities appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by s. 5, ibid. w.e.f. .

section 22e. of the securities contracts regulation act : 122e. civil court not to have jurisdiction.no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a securities appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. ins. by s. 5, ibid. w.e.f. .

section 22c. of the securities contracts regulation act : 122c. right to legal representation.the appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the securities appellate tribunal. explanation.for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice. 1. ins. by s. 5, ibid. w.e.f. .

section 23c. of the securities contracts regulation act : if any stock broker or subbroker or a company whose securities are listed or proposed to be listed in a recognised stock exchange, after having been called upon by the securities and exchange board of india or a recognised stock exchange in writing, to redress the grievances of the investors, fails to redress such grievances within the time stipulated by the securities and exchange board of india or a recognised stock exchange, he or it shall be liable to a penalty 1which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by s. 27, ibid., for of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less w.e.f. .

section 22d. of the securities contracts regulation act : 122d. limitation.the provisions of the limitation act, 36 of shall, as far as may be, apply to an appeal made to a securities appellate tribunal. 1. ins. by s. 5, ibid. w.e.f. .

section 22a. of the securities contracts regulation act : 122a. right of appeal to securities appellate tribunal against refusal of stock exchange to list securities of public companies.1 where a recognised stock exchange, acting in pursuance of any power given to it by its byelaws, refuses to list the securities of any company, the company shall be entitled to be furnished with reasons for such refusal, and may, a within fifteen days from the date on which the reasons for such refusal are furnished to it, or b where the stock exchange has omitted or failed to dispose of, within the time specified in subsection 1a of section 73 of the companies act, 1 of hereafter in this section referred to as the specified time, the application for permission for the shares or debentures to be dealt with on the stock exchange, within fifteen days from the date of expiry of the specified time or within such further period, not exceeding one month, as the securities appellate tribunal may, on sufficient cause being shown, allow, appeal to the securities appellate tribunal having jurisdiction in the matter against such refusal, omission or failure, as the case may be, and thereupon the securities appellate tribunal may, after giving the stock exchange, an opportunity of being heard, i vary or set aside the decision of the stock exchange or ii where the stock exchange has omitted or failed to dispose of the application within the specified time, grant or refuse the permission, and where the securities appellate tribunal sets aside the decision of the recognised stock exchange or grants the permission, the stock exchange shall act in conformity with the orders of the securities appellate tribunal. 2 every appeal under subsection 1 shall be in such form and be accompanied by such fee as may be prescribed. 3 the securities appellate tribunal shall send a copy of every order made by it to the board and parties to the appeal. 4 the appeal filed before the securities appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1. ins. by s. 5, ibid. w.e.f. .

section 23. of the securities contracts regulation act : 1 any person who a without reasonable excuse the burden of proving which shall be on him fails to comply with any requisition made under subsection 4 of section 6 or b enters into any contract in contravention of any of the provisions contained in section 13 or section 16 or c contravenes the provisions contained in 1section 17 or section 17a, or section 19 or 2d enters into any contract in derivative in contravention of section 18a or the rules made under section 30. e owns or keeps a place other than that of a recognised stock exchange which is used for the purpose of entering into or performing any contracts in contravention of any of the provisions of this act and knowingly permits such place to be used for such purposes or f manages, controls, or assists in keeping any place other than that of a recognised stock exchange which is used for the purpose of entering into or performing any contracts in contravention of any of the provisions of this act or at which contracts are recorded or adjusted or rights or liabilities arising out of contracts are adjusted, regulated or enforced in any manner whatsoever or g not being a member of a recognised stock exchange or his agent authorised as such under the rules or byelaws of such stock exchange or not being a dealer in securities licensed under section 17 wilfully represents to or induces any person to believe that contracts can be entered into or performed under this act through him or h not being a member of a recognised stock exchange or his agent authorised as such under the rules or byelaws of such stock exchange or not being a dealer in securities licensed under section 17, canvasses, advertises or touts in any manner either for himself or on behalf of any other persons for any business connected with contracts in contravention of any of the provisions of this act or i joins, gathers or assists in gathering at any place other than the place of business specified in the byelaws of a recognised stock exchange any person or persons for making bids or offers or for entering into or performing any contracts in contravention of any of the provisions of this act 3shall, without prejudice to any award of penalty by the adjudicating officer 4or the securities and exchange board of india under this act, on conviction, be punishable with imprisonment for a term which may extend to ten years or with fine, which may extend to twentyfive crore rupees or with both 2 any person who enters into any contract in contravention of the provisions contained in section 15 5or who fails to comply with the provisions of 6section 21 or section 21a or with the orders of or who or section 22 7or with the orders of the securities appellate tribunal shall, on conviction, be punishable with fine which may extend to one thousand rupees. 1. subs. by act 27 of , s. 4, for section 17 w.e.f. . 2. ins. by act 31 of , s. 6 w.e.f. . 3. subs. by act 1 of , s. 21, for certain words w.e.f. . 4. ins. by act 13 of , s. 148 w.e.f. . 5. subs. by act 9 of , s. 24, for or who fails to comply with the orders of the securities and exchange board of india under section 21 w.e.f. . 6. subs. by act 1 of , s. 10, for section 21 w.e.f. 7. ins. by act 32 of , s. 6 w.e.f. .

section 22f. of the securities contracts regulation act : 122f. appeal to high court.any person aggrieved by any decision or order of the securities appellate tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order of the securities appellate tribunal to him on any question of fact or law arising out of such order: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 1. ins. by s. 5, ibid. w.e.f. .

section 23a. of the securities contracts regulation act : 123a. penalty for failure to furnish information, return, etc.any person, who is required under this act or any rules made thereunder, a to furnish any information, document, books, returns or 2report to a recognised stock exchange or to the board, fails to furnish the same within the time specified therefor in the listing agreement or conditions or byelaws of the recognised stock exchange or the act or rules made thereunder, or who furnishes 3false, incorrect or incomplete information, document, books, return or report, shall be liable to a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each during which such failure continues subject to a maximum of one crore rupees, whichever is less for each such failure b to maintain books of account or records, as per the listing agreement or conditions, or byelaws of a recognised stock exchange, fails to maintain the same, shall be liable to a penalty 1which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 1 of , s. 11 w.e.f. . 2. subs. by act 23 of , s. 146, for certain words w.e.f. . 3. ins. by act 13 of , s. 149 w.e.f. . 4. subs. by act 27 of , s. 25, for of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less w.e.f. .

section 23b. of the securities contracts regulation act : if any person, who is required under this act or any byelaws of a recognised stock exchange made thereunder, to enter into an agreement with his client, fails to enter into such an agreement, he shall be liable to a penalty 1which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees for every such failure. 1. subs. by act 27 of , s. 26, for of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less w.e.f. .

section 23d. of the securities contracts regulation act : if any person, who is registered under section 12 of the securities and exchange board of india act, 15 of as a stock broker or subbroker, fails to segregate securities or moneys of the client or clients or uses the securities or moneys of a client or clients for self or for any other client, he shall be 1liable to a penalty which shall not be less than one lakh rupees but which may extend to one crore rupees. 1. subs. by s. 28, ibid., for liable to a penalty not exceeding one crore rupees w.e.f. .

section 23j. of the securities contracts regulation act : 23j. 1factors to be taken into account while adjudging quantum of penalty.while adjudging the quantum of penalty under 2section 12a or section 23i, 3the securities and exchange board of india or the adjudicating officer shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the amount of loss caused to an investor or group of investors as a result of the default c the repetitive nature of the default. 1. subs. by act 13 of , s. 154, for factors to be taken into account by adjudicating officer w.e.f. . 2. subs. by s. 154, ibid., for section 23i w.e.f. . 3. subs. by s. 154, ibid., for the adjudicating officer w.e.f. .

section 23e. of the securities contracts regulation act : if a company or any person managing collective investment scheme or mutual fund 1or real estate investment trust or infrastructure investment trust or alternative investment fund, fails to comply with the listing conditions or delisting conditions or grounds or commits a breach thereof, it or he shall be 2liable to a penalty which shall not be less than five lakh rupees but which may extend to twentyfive crore rupees. 1. ins. by act 13 of , s. 150 w.e.f. . 2. subs. by act 27 of , s. 29, for liable to a penalty not exceeding twentyfive crore rupees w.e.f. .

section 23f. of the securities contracts regulation act : if any issuer dematerialises securities more than the issued securities of a company or delivers in the stock exchanges the securities which are not listed in the recognised stock exchange or delivers securities where no trading permission has been given by the recognised stock exchange, he shall be 1liable to a penalty which shall not be less than five lakh rupees but which may extend to twentyfive crore rupees. 1. subs. by s. 30, ibid., for liable to a penalty not exceeding twentyfive crore rupees w.e.f. .

section 23ja. of the securities contracts regulation act : 123ja. settlement of administrative and civil proceedings.1 notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 12a or section 231, may file an application in writing to the board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. 2 the board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under the securities and exchange board of india act, 15 of . 3 for the purposes of settlement under this section, the procedure as specified by the board under the securities and exchange board of india act, 15 of shall apply. 4 no appeal shall lie under section 23l against any order passed by the board or the adjudicating officer, as the case may be, under this section. 25 all settlement amounts, excluding the disgorgement amount and legal costs, realised under this act shall be credited to the consolidated fund of india. 1. ins. by s. 34, ibid. w.e.f. . 2. ins. by act 13 of , s. 155 w.e.f. .

section 23g. of the securities contracts regulation act : if a recognised stock exchange fails or neglects to furnish periodical returns 1or furnishes false, incorrect or incomplete periodical returns to the securities and exchange board of india or fails or neglects to make or amend its rules or byelaws as directed by the securities and exchange board of india or fails to comply with directions issued by the securities and exchange board of india, such recognised stock exchange shall be 2liable to a penalty which shall not be less than five lakh rupees but which may extend to twentyfive crore rupees. 1. ins. by act 13 of , s. 151 w.e.f. . 2. subs. by act 27 of , s. 31, for liable to a penalty not exceeding twentyfive crore rupees w.ef. .

section 23ga. of the securities contracts regulation act : 123ga. penalty for failure to conduct business in accordance with rules, etc.where a stock exchange or a clearing corporation fails to conduct its business with its members or any issuer or its agent or any person associated with the securities markets in accordance with the rules or regulations mad by the securities and exchange board of india and the directions issued by it under this act, the stock exchange or the clearing corporations, as the case may be, shall be liable to penalty which shall not be less than five crore rupees but which may extend to twentyfive crore rupees or three times the amount of gains made out of such failure, whichever is higher. 1. ins. by act 13 of , s. 152 w.e.f. .

section 23h. of the securities contracts regulation act : 123h. penalty for contravention where no separate penalty has been provided.whoever fails to comply with any provision of this act, the rules or articles or byelaws or the regulations of the recognised stock exchange or directions issued by the securities and exchange board of india for which no separate penalty has been provided, shall be 2liable to a penalty which shall not be less than one lakh rupees but which may extend to one crore rupees. 1. ins. by act 1 of , s. 11 w.e.f. . 2. subs. by act 27 of , s. 32, for liable to a penalty not exceeding twentyfive crore rupess w.e.f. .

section 23i. of the securities contracts regulation act : 1 for the purpose of adjudging under sections 23a, 23b, 23c, 23d, 23e, 23f, 23g and 23h, the securities and exchange board of india 1may appoint any officer not below the rank of a division chief of the securities and exchange board of india to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. 2 while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subjectmatter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in subsection 1, he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. 2 3 the board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify: provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter: provided further that nothing contained in this subsection shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 23l, whichever is earlier. 1. subs. by act 13 of , s. 153, for shall w.e.f. . 2. ins. by act 27 of , s. 33 w.e.f. .

section 23jb. of the securities contracts regulation act : 123jb. recovery of amounts.1 if a person fails to pay the penalty imposed 2under this act or fails to comply with a direction of disgorgement order issued under section 12a or fails to pay any fees due to the board, the recovery officer may draw up under his signature a statement in the specified form specifying the amount due from the person such statement being hereafter in this chapter referred to as certificate and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely: a attachment and sale of the persons movable property b attachment of the persons bank accounts c attachment and sale of the persons immovable property d arrest of the person and his detention in prison e appointing a receiver for the management of the persons movable and immovable properties, and for this purpose, the provisions of sections 220 to 227, 228a, 229, 232, the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, , as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules thereunder were the provisions of this act and referred to the amount due under this act instead of to incometax under the incometax act, . explanation 1.for the purposes of this subsection, the persons movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or sons wife or sons minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his sons minor child is concerned, it shall, even after the date of attainment of majority by such minor child or sons minor child, as the case may be, continue to be included in the persons movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act. explanation 2.any reference under the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, to the assessee shall be construed as a reference to the person specified in the certificate. explanation 3.any reference to appeal in chapter xviid and the second schedule to the incometax act, 43 of , shall be construed as a reference to appeal before the securities appellate tribunal under section 23l of this act. 2 the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under subsection 1. 3 notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under subsection 7, pursuant to noncompliance with any direction issued by the board under section 12a, shall have precedence over any other claim against such person. 4 for the purposes of subsections 1, 2 and 3, the expression recovery officer means any officer of the board who may be authorised, by general or special order in writing to exercise the powers of a recovery officer. 1. ins. by act 27 of , s. 35. w.e.f. . 2. subs. by act 13 of , s. 156, for by the adjudicating officer w.e.f. .

section 23jc. of the securities contracts regulation act : 123jc. continuance of proceedings.where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay, if he had not died, in the like manner and to the same extent as the deceased: provided that, in case of any penalty payable under this act, a legal representative shall be liable only in case the penalty has been imposed before the death of the deceased person. 2 for the purposes of subsection 1, a any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, initiated against the deceased before his death shall be deemed to have been initiated against the legal representative, and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased and all the provisions of this act shall apply accordingly b any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, which could have been initiated against the deceased if he had survived, may be initiated against the legal representative and all the provisions of this act shall apply accordingly. 3 every legal representative shall be personally liable for any sum payable by him in his capacity as legal representative if, while his liability for such sum remains undercharged, he creates a charge on or disposes of or pasts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. 4 the liability of a legal representative under this section shall, be limited to the extent to which the estate of the decreased is capable of meeting the liability. explanation.for the purpose of this section legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sued or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued. 1. ins. by act 13 of , s. 157 w.e.f. .

section 24. of the securities contracts regulation act : 24. 1contravention by companies.1 where 2a contravention of any of the provisions of this act or any rule, regulations, direction or order made thereunder has been committed by a company, every person who, at the time when the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where 3a contravention of any of the provisions of this act or any rule, regulation, direction or order made thereunder has been committed by a company and is proved that the 4contravention has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that 4offence and shall be liable to be proceeded against and punished accordingly. 53 the provisions of this section shall be in addition to and not in derogation of, the provisions of section 22a. explanation .for the purpose of this section, a company means any body corporate and includes a firm or other association of individuals, and 6 b director, in relation to i a firm, means a partner in the firm ii any association of persons or a body of individuals, means any member controlling the affairs thereof. 1. subs. by s. 159, ibid., for offences by companies w.e.f. . 2. subs. by s. 159, ibid., for an offence w.e.f. . 3. subs. by s. 159, ibid., for an offence under this act w.e.f. . 4. subs. by s. 159, ibid., for offence w.e.f. . 5. ins. by act 40 of , s. 3 w.e.f. . 6. subs. by act 31 of , s. 7, for subsection 2 w.e.f. .

section 23k. of the securities contracts regulation act : all sums realised by way of penalties under this act shall be credited to the consolidated fund of india.

section 23l. of the securities contracts regulation act : 1 any person aggrieved, by the order or decision of the recognised stock exchange or the adjudicating officer or any order made by the securities and exchange board of india under section 4b 1or subsection 3 of section 23i, may prefer an appeal before the securities appellate tribunal and the provisions of sections 22b, 22c, 22d and 22e of this act, shall apply, as far as may be, to such appeals. 2 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order or decision is received by the appellant and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the securities appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the securities appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 4 the securities appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer. 5 the appeal filed before the securities appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1. ins. by act 27 of , s. 36 w.e.f. .

section 23m. of the securities contracts regulation act : 1 without prejudice to any award of penalty by the adjudicating officer 1or the securities and exchange board of india under this act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations or byelaws made thereunder, for which no punishment is provided elsewhere in this act, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twentyfive crore rupees or with both. 2 if any person fails to pay the penalty imposed by the adjudicating officer 1or the securities and exchange board of india or fails to comply with 2the direction or order, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine, which may extend to twentyfive crore rupees, or with both. 1. ins. by act 13 of , s. 158 w.e.f. . 2. subs. by s. 158, ibid., for any of his directions or orders w.e.f. .

section 23n. of the securities contracts regulation act : notwithstanding anything contained in the code of criminal procedure, 2 of , any offence punishable under this act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by a securities appellate tribunal or a court before which such proceedings are pending.

section 23o. of the securities contracts regulation act : 1 the central government may, on recommendation by the securities and exchange board of india, if the central government is satisfied, that any person, who is alleged to have violated any of the provisions of this act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this act with respect to the alleged violation: provided that no such immunity shall be granted by the central government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: provided futher that the recommendation of the securities and exchange board of india under this subsection shall not be binding upon the central government. 2 an immunity granted to a person under subsection 1 may, at any time, be withdrawn by the central government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had not such immunity been granted.

section 25. certain offences to be cognizable of the securities contracts regulation act : notwithstanding anything contained in the code of criminal procedure, 5 of , any offence punishable under 1 section 23 shall be deemed to be cognizable offence within the meaning of that code. 1. the words, brackets and figure subsection 1 of omitted by act 1 of , s. 12 w.e.f. .

section 27. of the securities contracts regulation act : 1 it shall be lawful for the holder of any security whose name appears on the books of the company issuing the said security to receive and retain any dividend declared by the company in respect thereof for any year, notwithstanding that the said security has already been transferred by him for consideration, unless the transferee who claims the dividend from the transferor has lodged the security and all other documents relating to the transfer which may be required by the company with the company for being registered in his name within fifteen days of the date on which the dividend became due. explanation.the period specified in this section shall be extended i in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the dividend ii in case of loss of the transfer deed by theft or any other cause beyond the control of the transferee, by the actual period taken for the replacement thereof and iii in case of delay in the lodging of any security and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. 2 nothing contained in subsection 1 shall affect a the right of a company to pay any dividend which has become due to any person whose name is for the time being registered in the books of the company as the holder of the security in respect of which the dividend has become due or b the right of the transferee of any security to enforce against the transferor or any other person his rights, if any, in relation to the transfer in any case where the company has refused to register the transfer of the security in the name of the transferee.

section 26. of the securities contracts regulation act : 126. cognizance of offences by courts.1 no court shall take cognizance of any offence punishable under this act or any rules or regulations or byelaws made thereunder, save on a complaint made by the central government or state government or the securities and exchange board of india or a recognised stock exchange or by any person. 2 1. subs. by s. 13, ibid., for section 26 w.e.f. . 2. subsection 2 omitted by act 27 of , s. 37 w.e.f. .

section 26a. of the securities contracts regulation act : 126a. establishment of special courts.1 the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary. 2 a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working. 3 a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be. 1. ins. by s. 38, ibid. w.e.f.

section 26b. of the securities contracts regulation act : 126b. offences triable by special courts.notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act committed prior to the date of commencement of the securities laws amendment act, 27 of or on or after the date of such commencement, shall be taken cognizance of and tried by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concerned. 1. ins. by s. 38, ibid. w.e.f.

section 26d. of the securities contracts regulation act : 126d. application of code to proceedings before special court.1 save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code of criminal procedure, . 2 the person conducting prosecution referred to in subsection 1 should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law. 1. ins. by s. 38, ibid. w.e.f.

section 27a. of the securities contracts regulation act : 127a. right to receive income from collective investment scheme.1 it shall be lawful for the holder of any securities, being units or other instruments issued by the collective investment scheme, whose name appears on the books of the collective investment scheme issuing the said security to receive and retain any income in respect of units or other instruments issued by the collective investment scheme declared by the collective investment scheme in respect thereof for any year, notwithstanding that the said security, being units or other instruments issued by the collective investment scheme, has already been transferred by him for consideration, unless the transferee who claims the income in respect of units or other instruments issued by the collective investment scheme from the transfer or has lodged the security and all other documents relating to the transfer which may be required by the collective investment scheme with the collective investment scheme for being registered in his name within fifteen days of the date on which the income in respect of units or other instruments issued by the collective investment scheme became due. explanation.the period specified in this section shall be extended i in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the income in respect of units or other instrument issued by the collective investment scheme ii in case of loss of the transfer deed by theft or any other cause beyond the control of the transferee, by the actual period taken for the replacement thereof and iii in case of delay in the lodging of any security, being units or other instruments issued by the collective investment scheme, and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. 2 nothing contained in subsection 1 shall affect a the right of a collective investment scheme to pay any income from units or other instruments issued by the collective investment scheme which has become due to any person whose name is for the time being registered in the books of the collective investment scheme as the holder of the security being units or other instruments issued by the collective investment scheme in respect of which the income in respect of units or other instruments issued by the collective scheme has become due or b the right of transferee of any security, being units or other instruments issued by the collective investment scheme, to enforce against the transferor or any other person his rights, if any, in relation to the transfer in any case where the company has refused to register the transfer of the security being units or other instruments issued by the collective investment scheme in the name of the transferee. 1. ins. by act 31 of , s. 8 w.e.f. .

section 26c. appeal and revision. of the securities contracts regulation act : 126c. appeal and revision.the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 2 of on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court. 1. ins. by s. 38, ibid. w.e.f.

section 28. of the securities contracts regulation act : 128. act not to apply in certain cases.1 the provisions of this act shall not apply to a the government, the reserve bank of india, any local authority or any corporation set up by a special law or any person who has effected any transaction with or through the agency of any such authority as is referred to in this clause b any convertible bond or share warrant or any option or right in relation thereto, in so far as it entitles the person in whose favour any of the foregoing has been issued to obtain at his option from the company or other body corporate issuing the same or from any of its shareholders or duly appointed agents shares of the company or other body corporate, whether by conversion of the bond or warrant or otherwise, on the basis of the price agreed upon when the same was issued. 2 without prejudice to the provisions contained in subsection 1, if the central government is satisfied that in the interests of trade and commerce or the economic development of the country it is necessary or expedient so to do, it may, by notification in the official gazette, specify any class of contracts as contracts to which this act or any provision contained therein shall not apply, and also the conditions, limitations or restrictions, if any, subject to which it shall not so apply. 1. subs. by act 49 of , s. 3, for section 28 w.e.f. .

section 29. of the securities contracts regulation act : no suit, prosecution or other legal proceeding whatsoever shall lie in any court against the governing body or any member, office bearer or servant of any recognised stock exchange or against any person or persons appointed under subsection 1 of section 11 for anything which is in good faith done or intended to be done in pursuance of this act or of any rules or byelaws made thereunder.

section 26e. of the securities contracts regulation act : 126e. transitional provisions.any offence committed under this act, which is triable by a special court shall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 2 of : provided that nothing contained in this section shall affect the powers of the high court under section 407 of the code to transfer any case or class of cases taken cognizance by a court of session under this section. 1. ins. by s. 38, ibid. w.e.f.

section 29a. power to delegate of the securities contracts regulation act : 129a. power to delegate.the central government may, by order published in the official gazette, direct that the powers except the power under section 30 exercisable by it under any provision of this act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by the securities and exchange board of india or the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of . 1. subs. by act 31 of , s. 9, for section 29a w.e.f. .

section 30. of the securities contracts regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of carrying into effect the objects of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for, a the manner in which applications may be made, the particulars which they should contain and the levy of a fee in respect of such applications b the manner in which any inquiry for the purpose of recognising any stock exchange may be made, the conditions which may be imposed for the grant of such recognition, including conditions as to the admission of members if the stock exchange concerned is to be the only recognised stock exchange in the area and the form in which such recognition shall be granted c the particulars which should be contained in the periodical returns and annual reports to be furnished to the central government d the documents which should be maintained and preserved under section 6 and the periods for which they should be preserved e the manner in which any inquiry by the governing body of a stock exchange shall be made under section 6 f the manner in which the byelaws to be made or amended under this act shall before being so made or amended be published for criticism g the manner in which applications may be made by dealers in securities for licences under section 17, the fee payable in respect thereof and the period of such licences, the conditions subject to which licences may be granted, including conditions relating to the forms which may be used in making contracts, the documents to be maintained by licensed dealers and the furnishing of periodical information to such authority as may be specified and the revocation of licences for breach of conditions 1h the requirements which shall be complied with a by public companies for the purpose of getting their securities listed on any stock exchange b by collective investment scheme for the purpose of getting their units listed on any stock exchange. 2ha the grounds on which the securities of a company may be delisted from any recognised stock exchange under subsection 1 of section 21a hb the form in which an appeal may be filed before the securities appellate tribunal under subsection 2 of section 21a and the fees payable in respect of such appeal hc the form in which an appeal may be filed before the securities appellate tribunal under section 22a and the fees payable in respect of such appeal hd the manner of inquiry under subsection 1 of section 23i he the form in which an appeal may be filed before the securities appellate tribunal under section 23l and the fees payable in respect of such appeal i any other matter which is to be or may be prescribed. 33 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 31 of , s. 10, ibid, for clause h w.e.f. . 2. subs. by act 1 of , s. 15, for clause ha w.e.f.. 3. subs. by s. 15, ibid., for subsection 3 w.e.f. .

section 27b. right to receive income from mutual fund of the securities contracts regulation act : 127b. right to receive income from mutual fund.1 it shall be lawful for the holder of any securities, being units or other instruments issued by any mutual fund, whose name appears on the books of the mutual fund issuing the said security to receive and retain any income in respect of units or other instruments issued by the mutual fund declared by the mutual fund in respect thereof for any year, notwithstanding that the said security, being units or other instruments issued by the mutual fund, has already been transferred by him for consideration, unless the transferee who claims the income in respect of units or other instruments issued by the mutual fund from the transferor has lodged the security and all other documents relating to the transfer which may be required by the mutual fund with the mutual fund for being registered in his name within fifteen days of the date on which the income in respect of units or other instruments issued by the mutual fund became due. explanation.the period specified in this section shall be extended i in case of death of the transferee, by the actual period taken by his legal representative to establish his claim to the income in respect of units or other instrument issued by the mutual fund ii in case of loss of the transfer deed by theft or any other cause beyond the control of transferee, by the actual period taken for the replacement thereof and iii in case of delay in the lodging of any security, being units or other instruments issued by the mutual fund, and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. 2 nothing contained in subsection 1 shall affect a the right of a mutual fund to pay any income from units or other instruments issued by the mutual fund which has become due to any person, whose name is for the time being registered in the books of the mutual fund as the holder of the security being units or other instruments issued by the mutual fund in respect of which the income in respect of units or other instruments issued by the mutual fund has become due or b the right of a transferee of any security, being units or other instruments issued by the mutual fund, to enforce against the transferor or any other person, his rights, if any, in relation to the transfer in any case where the mutual fund has refused to register the transfer of the security being units or other instruments issued by the mutual fund in the name of the transferee. 1. ins. by act 1 of , s. 14 w.e.f. .

section 30a. of the securities contracts regulation act : 130a. special provisions related to commodity derivatives.1 nothing contained in this act shall apply to nontransferable specific delivery contracts: provided that no person shall organise or assist in organising or be a member of any association in any area to which the provisions of section 13 have been made applicable other than a stock exchange which provides facilities for the performance of any nontransferable specific delivery contract by any party thereto without having to make or receive actual delivery to or from the other party to the contract or to or from any other party named in the contract. 2 where in respect of any area, the provisions of section 13 have been made applicable in relation to commodity derivatives for the sale or purchase of any goods or class of goods, the central government may, by notification, declare that in the said area or any part thereof as may be specified in the notification all or any of the provisions of this act shall not apply to transferable specific delivery contracts for the sale or purchase of the said goods or class of goods either generally, or to any class of such contracts in particular. 3 notwithstanding anything contained in subsection 1, if the central government is of the opinion that in the interest of the trade or in the public interest it is expedient to regulate and control nontransferable specific delivery contracts in any area, it may, by notification in the official gazette, declare that all or any of the provisions of this act shall apply to such class or classes of nontransferable specific delivery contracts in such area in respect of such goods or class of goods as may be specified in the notification, and may also specify the manner in which and the extent to which all or any of the said provisions shall so apply. 1. ins. by act 20 of , s. 135 w.e.f. .

section 31. of the securities contracts regulation act : show related subordinates 131. power of securities and exchange board of india to make regulations.1 without prejudice to the provisions contained in section 30 of the securities and exchange board of india act, 15 of , the securities and exchange board of india may, by notification in the official gazette, make regulations consistent with the provisions of this act and the rules made thereunder to carry out the purposes of this act. 22 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner, in which at least fiftyone per cent. of equity share capital of a recognised stock exchange is held within twelve months from the date of publication of the order under subsection 7 of section 4b by the public other than the shareholders having trading rights under subsection 8 of that section b the eligibility criteria and other requirements under section 17a. 3c the terms determined by the board for settlement of proceedings under subsection 2 of section 23ja d any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations. 3 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 1 of , s. 16 w.e.f. . 2. subs. by act 27 of , s. 5, for subsection 2 w.e.f. . 3. ins. by act 27 of , s. 39 w.e.f.

section 32. of the securities contracts regulation act : 132. validation of certain acts.any act or thing done or purporting to have been done under the principal act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times. 1. ins. by s. 40, ibid. w.e.f.

section 29b. of the securities contracts regulation act : 129b. powers of the securities and exchange board of india not to apply to international financial services centre.notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the securities and exchange board of india under this act, a shall not extend to an international financial services centre set up under subsection 1 of section18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 30b. of the securities contracts regulation act : 130b. special provisions related to pooled investment vehicle.1 notwithstanding anything contained in the indian trust act, 2 of or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or any other authority, a pooled investment vehicle, whether constituted as a trust or otherwise, and registered with the securities and exchange board of india shall be eligible to borrow and issue debt securities in such manner and to such extent as may be specified under the regulations made by securities and exchange board of india in this behalf. 2 every pooled investment vehicle referred to in subsection 1 shall, subject to the provisions of the trust deed, be permitted to provide security interest to lenders in terms of the facility documents entered into by such pooled investment vehicle. 3 where any pooled investment vehicle referred to in subsection 1 defaults in repayment of principal amount or payment of interest or any such amount due to the lender, the lender shall recover the defaulted amount and enforce security interest, if any, against the trust assets, by initiating proceedings against the trustee acting on behalf of such pooled investment vehicle in accordance with the terms and conditions specified in the facility documents: provided that on initiation of the proceedings against the trust assets, the trustee shall not be personally liable and his assets shall not be utilised towards recovery of such debt. 4 the trust assets, which remain after recovery of defaulted amount, shall be remitted to the unit holders on proportionate basis. 1. ins. by act 13 of , s. 149 w.e.f. .

section 8.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 1. of the dekkhan agriculturists relief act : this act may be cited as the 1dekkhan agriculturists relief act, : and commencement.it shall come into force on the first day of november, . local extent. 2this section and except 4the territories which, immediately before the 1st november, , were comprised in part b states. the rest of this act 5extends only to the districts of poona, satara, sholapur and ahmednagar 6but may, from time to time, be extended wholly or in part by the state government 7 to any other district or districts in the 8territories which, immediately before the 1st november, , were comprised in the state of bombay, 9or to any part or parts of any other such district or districts. 1. acts 17 of , 23 of and 22 of may be cited collectively as the dekkhan agriculturists relief acts, to see s. 11 of the dekkhan agriculturists relief act, 22 of . the acts of to and act 23 of may be cited collectively as the dekkhan agriculturists relief acts, to see s. 11 of the dekkhan agriculturists relief act, 23 of . the acts of to and act 6 of may be cited collectively as the dekkhan agriculturists relief acts, to see s. 11 of the dekkhan agriculturists relief act, 6 of . the acts of to and bom. act 1 of may be cited collectively as the dekkhan agriculturists relief acts, to see s. 11 of the dekkhan agriculturists relief act, bom. 1 of . 2. these words were inserted by act 23 of , section 3, and are to be deemed to have always been inserted. 3. subs. by the a.o. , for all the provinces of india. 4. subs by the a.l.o., for part b states. 5. the act was repealed in the state of bombay, with effect from by the bombay agricultural debtors relief act, bom. 28 of , s. 56 as amended. hence the part applicable to that state only has not been reproduced. 6. ins. by act 23 of , s. 3. 7. the words with the previous sanction of the g.g. in c. rep. by act 38 of , s. 2 and schedule i. 8. subs. by 2 a.l.o., , for state of bombay w.e.f. . 9. ins. by act 23 of , s. 3.

section 7.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 6.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 2.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 9.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 4.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 12.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 3.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 5.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 10.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 11. of the dekkhan agriculturists relief act : every suit of the description mentioned in section 3, clause w1, may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a court within the local limits of whose jurisdiction such defendant resides, and not elsewhere. every such suit in which there are several defendants who are agriculturists may be instituted and tried in a court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere. nothing herein contained shall affect sections 22 to 25 both inclusive of the 1code of civil procedure. 1. reproduced below: w suits for the recovery of money alleged to be due to the plaintiff on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for. 2. see now act 5 of .

section 18.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 13.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 19.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 14.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 15.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 20.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 16.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 17.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 21.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 28.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 22.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 23.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 25.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 24.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced. 1

section 26.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 32.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 27.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 33.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 29.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 34.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 36.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 30.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 37.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 31.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 35.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 38.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 39.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 40.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 41.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 46.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 42.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 43.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 44.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 48.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 45.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 47.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 49.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 56. of the dekkhan agriculturists relief act : no instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this act comes into force by an agriculturist residing in any local area for which a villageregistrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a villageregistrar: provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding, 1or apply to any instrument which is executed by an agriculturist merely as a surety, 2or to any instrument required by section 17 of the 3indian registration act, 3 of , to be registered under that act. 1. ins. by act 23 of , s. 12. 2. ins. by act 23 of , s. 9. 3. see now the indian registration act, 16 of .

section 50.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 52. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 51.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 53. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 59.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 54.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 61.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 55.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 57.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 58.. of the dekkhan agriculturists relief act : rep. by the state of bombay, with effect from the 27th may, by the bombay agricultural debtors relief act, bom. 28 of , s. 56 was amended. hence the part applicable to that state only has not been reproduced.

section 62. of the dekkhan agriculturists relief act : nothing in this act shall be deemed to require any instrument, to which the government or any officer of the government in his official capacity is a party, to be executed before a villageregistrar2 1. the words or any society registered under the cooperative credit societies act, inserted by bom. act 1 of were repealed by bom. act 1 of .

section 60. of the dekkhan agriculturists relief act : every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 1indian registration act, 3 of and no instrument which ought to have been executed before a villageregistrar but has been otherwise executed shall be registered by any officer acting under the said act, or in any public office, or shall be authenticated by any public officer. 1. see now the indian registration act, 16 of ,

section 8. of the hindu marriage act : 1 for the purpose of facilitating the proof of hindu marriages, the state government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a hindu marriage register kept for the purpose. 2 notwithstanding anything contained in subsection 1, the state government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in subsection 1 shall be compulsory in the state or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twentyfive rupees. 3 all rules made under this section shall be laid before the state legislature, as soon as may be, after they are made. 4 the hindu marriage register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the registrar on payment to him of the prescribed fee. 5 notwithstanding anything contained in this section, the validity of any hindu marriage shall in no way be affected by the omission to make the entry.

section 1. of the hindu marriage act : 1 this act may be called the hindu marriage act, . 2 it extends to the whole of india except the state of jammu and kashmir, and applies also to hindus domiciled in the territories to which this act extends who are outside the said territories. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the hindu marriage act : 1 this act applies a to any person who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj, b to any person who is a buddhist, jaina or sikh by religion, and c to any other person domiciled in the territories to which this act extends who is not a muslim, christian, parsi or jew by religion, unless it is proved that any such person would not have been governed by the hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this act had not been passed. explanation.the following persons are hindus, buddhists, jainas or sikhs by religion, as the case may be: a any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion b any child, legitimate or illegitimate, one of whose parents is a hindu, buddhist, jaina or sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged and c any person who is a convert or reconvert to the hindu, buddhist, jaina or sikh religion. 2 notwithstanding anything contained in subsection 1, nothing contained in this act shall apply to the members of any scheduled tribe within the meaning of clause 25 of article 366 of the constitution unless the central government, by notification in the official gazette, otherwise directs. 3 the expression hindu in any portion of this act shall be construed as if it included a person who, though not a hindu by religion, is, nevertheless, a person to whom this act applies by virtue of the provisions contained in this section.

section 7. of the hindu marriage act : 1 a hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. 2 where such rites and ceremonies include the saptapadi that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.

section 3. of the hindu marriage act : in this act, unless the context otherwise requires, a the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among hindus in any local area, tribe, community, group or family: provided that the rule is certain and not unreasonable or opposed to public policy and provided further that in the case of a rule applicable only to a family it has not been discontinued by the family b district court means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the state government, by notification in the official gazette, as having jurisdiction in respect of the matters dealt with in this act c full blood and half blood two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives d uterine bloodtwo persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands explanation.in clauses c and d, ancestor includes the father and ancestress the mother e prescribed means prescribed by rules made under this act f i sapinda relationship with reference to any person extends as far as the third generation inclusive in the line of ascent through the mother, and the fifth inclusive in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation ii two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them g degrees of prohibited relationshiptwo persons are said to be within the degrees of prohibited relationship i if one is a lineal ascendant of the other or ii if one was the wife or husband of a lineal ascendant or descendant of the other or iii if one was the wife of the brother or of the fathers or mothers brother or of the grandfathers or grandmothers brother of the other or iv if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters explanation.for the purposes of clauses f and g, relationship includes i relationship by half or uterine blood as well as by full blood ii illegitimate blood relationship as well as legitimate iii relationship by adoption as well as by blood and all terms of relationship in those clauses shall be construed accordingly

section 4. of the hindu marriage act : save as otherwise expressly provided in this act, a any text rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act b any other law in force immediately before the commencement of this act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this act.

section 5. of the hindu marriage act : a marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely: i neither party has a spouse living at the time of the marriage 1ii at the time of the marriage, neither party a is incapable of giving a valid consent to it in consequence of unsoundness of mind or b though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children or c has been subject to recurrent attacks of insanity 2 iii the bridegroom has completed the age of 3twentyone years and the bride, the age of 4eighteen years at the time of the marriage iv the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two v the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two 4 1. subs. by act 68 of , s. 2, for clause ii w.e.f. . 2. the words or epilepsy omitted by act 39 of , s. 2 w.e.f. . 3. subs. by act 2 of , s. 6 and schedule for elighteen years w.e.f. . 4. subs. by s. 6 and schedule, ibid., for fifteen years w.e.f. . 5. clause vi omitted by s. 6 and schedule, ibid. w.e.f. .

section 6.. of the hindu marriage act : guardianship in marriage.omitted by the child marriage restraint amendment act, , 2 of , s. 6 and schedule w.e.f. .

section 13. of the hindu marriage act : 1 any marriage solemnized, whether before or after the commencement of this act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party 1i has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse or ia has, after the solemnization of the marriage, treated the petitioner with cruelty or ib has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition or ii has ceased to be a hindu by conversion to another religion or 2iii has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. explanation.in this clause, a the expression mental disorder means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia b the expression psychopathic disorder means a persistent disorder or disability of mind whether or not including subnormality of intelligence which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment or 3 v has 3 been suffering from venereal disease in a communicable form or vi has renounced the world by entering any religious order or vii has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive 4 5 6explanation.in this subsection, the expression desertion means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. 71a either party to a marriage, whether solemnized before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground i that there has been no resumption of cohabitation as between the parties to the marriage for a period of 8one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties or ii that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 8one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. 2 a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground, i in the case of any marriage solemnized before the commencement of this act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: provided that in either case the other wife is alive at the time of the presentation of the petition or ii that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or 9bestiality or 10iii that in a suit under section 18 of the hindu adoptions and maintenance act, 78 of , or in a proceeding under section 125 of the code of criminal procedure, 2 of or under the corresponding section 488 of the code of criminal procedure, 5 of , a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards iv that her marriage whether consummated or not was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years. explanation.this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws amendment act, 68 of . state amendment uttar pradesh. amendment of section 13 of act xxv of .in subsection 1 of section 13 of the hindu marriage act, , a after clause i the following new cause shall be inserted and shall be deemed always to have been inserted ia has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party or, and b for clause vii, the following clause shall be substituted and shall be deemed always to have been substituted viii has not resumed cohabitation after the passing of a decree for judicial separation against that party and a a period of two years has elapsed since the passing of such decree, or b the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the other party or. vide uttar pradesh act xiii of , s. 2 1. subs. by act 68 of , s. 7, for clause i w.e.f. . 2. subs. by s. 7, ibid., for clause iii w.e.f. . 3. clause iv omitted by act 6 of , s. 5 w.e.f. . 4. the word or omitted by act 44 of , s. 2, ibid. w.e.f. . 5. clauses viii and ix omitted by s. 2, ibid. w.e.f. . 6. ins. by act 68 of , s. 7 w.e.f. . 7. ins. by act 44 of , s. 2 w.e.f. . 8. subs. by act 68 of , s. 7, for two years w.e.f. . 9. subs. by act 68 of , s. 7, for bestiality w.e.f. . 10. ins. by s. 7, ibid. w.e.f. .

section 9. of the hindu marriage act : 1 when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 2explanation.where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society. 3 1. the brackets and figure 1 omitted by act 68 of , s. 3 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. . 3. subsection 2 omitted by s. 3, ibid. w.e.f. .

section 13a. of the hindu marriage act : 113a. alternate relief in divorce proceedings.in any proceeding under this act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses ii, vi and vii of subsection 1 of section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation. 1. ins. by act 68 of , s. 8 w.e.f. .

section 10. of the hindu marriage act : 11 either party to a marriage, whether solemnised before or after the commencement of this act, may present a petition praying for a decree for judicial separation on any of the grounds specified in subsection 1 of section 13, and in the case of a wife also on any of the grounds specified in subsection 2 thereof, as grounds on which a petition for divorce might have been presented. 2 where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. 1. subs. by act 68 of , s. 4, for subsection 1 w.e.f. .

section 11. of the hindu marriage act : any marriage solemnised after the commencement of this act shall be null and void and may, on a petition presented by either party thereto 1against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses i, iv and v of section 5. 1. ins. by s. 5, ibid. w.e.f. .

section 12. of the hindu marriage act : 1 any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely: 1a that the marriage has not been consummated owing to the imporence of the respondent or b that the marriage is in contravention of the condition specified in clause ii of section 5 or c that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 2was required under section 5 as it stood immediately before the commencement of the child marriage restraint amendment act, 2 of , the consent of such guardian was obtained by force 3or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent or d that the respondent was at the time of the marriage pregnant by some person other than the petitioner. 2 notwithstanding anything contained in subsection 1, no petition for annulling a marriage a on the ground specified in clause c of subsection 1 shall be entertained if i the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered or ii the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered b on the ground specified in clause d of subsection 1 shall be entertained unless the court is satisfied i that the petitioner was at the time of the marriage ignorant of the facts alleged ii that proceedings have been instituted in the case of a marriage solemnised before the commencement of this act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage and iii that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 4the said ground. 1. subs. by s. 6, ibid., for clause a w.e.f. . 2. subs. by act 2 of , s. 6 and schedule, for is required under section 5 w.e.f. . 3. subs. by act 68 of , s. 6, for or fraud w.e.f. . 4. subs. by s. 6, ibid., for the grounds for a decree w.e.f. .

section 16. of the hindu marriage act : 116. legitimacy of children of void and voidable marriages.1 notwithstanding that a marriage marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws amendment act, 68 of , and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this act. 2 where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. 3 nothing contained in subsection 1 or subsection 2 shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. 1. subs. by act 68 of , s. 11, for section16 w.e.f. .

section 13b. of the hindu marriage act : 1 subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws amendment act, 68 of , on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 2 on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in subsection 1 and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

section 14. of the hindu marriage act : 1 notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1unless at the date of the presentation of the petition one one year has elapsed since the date of the marriage: provided that the court may, upon application made to it in accordance with such rules as may be made by the high court in that behalf, allow a petition to be presented 1before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 2expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after 3expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed. 2 in disposing of any application under this section for leave to present a petition for divorce before the 4expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 5said one year. 1. subs. by act 68 of , s. 9, for certain words w.e.f. . 2. subs. by act 68 of , s. 9, for expiry of three years w.e.f. . 3. subs. by act 68 of , s. 9, for expiration of the said one year w.e.f. . 4. subs. by act 68 of , s. 9, for expiry of three years w.e.f. . 5. subs. by act 68 of , s. 9, for said three years w.e.f. .

section 20. of the hindu marriage act : 1 every petition presented under this act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded 1and, except in a petition under section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage. 2 the statements contained in every petition under this act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence. 1. subs. by act 68 of , s. 13, for and shall also state w.e.f. .

section 21. of the hindu marriage act : subject to the other provisions contained in this act and to such rules as the high court may make in this behalf, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, .

section 15. of the hindu marriage act : when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. 1 1. proviso omitted by act 68 of , s.10 w.e.f. .

section 18. of the hindu marriage act : every person who procures a marriage of himself or herself to be solemnized under this act in contravention of the conditions specified in clauses iii, iv, 1and v of section 5 shall be punishable 2a in the case of contravention of the condition specified in clause iii of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. b in the case of a contravention of the condition specified in clause iv or clause v of section 5, with simpleimprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both 3 4 1. subs. by act 2 of , s. 6 and schedule, for v and vi w.e.f. . 2. subs. by act 6 of , s. 20 w.e.f. . 3. the word and omitted by act 2 of , s. 6 and schedule w.e.f. . 4. clause c omitted by act 2 of , s. 6 and schedule w.e.f. .

section 21a. of the hindu marriage act : 121a. power to transfer petitions in certain cases. 1 where a a petition under this act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and b another petition under this act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same district court or in a different district court, in the same state or in a different state, the petitions shall be dealt with as specified in subsection 2. 2 in a case where subsection 1 applies, a if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court b if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. 3 in a case where clause b of subsection 2 applies, the court or the government, as the case may be, competent under the code of civil procedure, 5 of , to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said code. 1. ins. by act 68 of , s. 14 w.e.f.

section 17. of the hindu marriage act : any marriage between two hindus solemnized after the commencement of this act is void if at the date of such marriage either party had a husband or wife living and the provisions of sections 494 and 495 of the indian penal code, 45 of , shall apply accordingly.

section 19. of the hindu marriage act : 119. court to which petition shall be presented.every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction: i the marriage was solemnized, or ii the respondent, at the time of the presentation of the petition, resides, or iii the parties to the marriage last resided together, or 2iiia in case the wife is the petitioner, where she is residing on the date of presentation of the petition or iv the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive. 1. subs. by act 68 of , s. 12, for s. 19 w.e.f. . 2. ins. by act 50 of , s. 4 w.e.f. .

section 21c. of the hindu marriage act : notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this act on the ground that it is not duly stamped or registered.

section 21b. of the hindu marriage act : 1 the trial of a petition under this act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. 2 every petition under this act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. 3 every appeal under this act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

section 22. of the hindu marriage act : 122. proceedings to be in camera and may not be printed or published.1 every proceeding under this act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the high court or of the supreme court printed or published with the previous permission of the court. 2 if any person prints or publishes any matter in contravention of the provisions contained in subsection 1, he shall be punishable with fine which may extend to one thousand rupees. 1. subs. by act 68 of , s. 15, for s. 22 w.e.f. .

section 27. of the hindu marriage act : in any proceeding under this act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.

section 28. of the hindu marriage act : 11 all decrees made by the court in any proceeding under this act shall, subject to the provisions of subsection 3, be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. 2 orders made by the court in any proceeding under this act under section 25 or section 26 shall, subject to the provisions of subsection 3, be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction. 3 there shall be no appeal under this section on the subject of costs only. 4 every appeal under this section shall be preferred within a 2period of ninety days from the date of the decree or order 1. subs. by act 68 of , s. 19 w.e.f. . 2. subs. by act 50 of , s. 5, for period of thirty days w.e.f. .

section 23. of the hindu marriage act : 1 in any proceeding under this act, whether defended or not, if the court is satisfied that a any of the grounds for granting relief exists and the petitioner 1except in cases where the relief is sought by him on the ground specified in subclause a, subclause b or subclause c of clause ii of section 5 is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and b where the ground of the petition is the ground specified 2 in clause i of subsection 1 of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 1bb when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and c3the petition not being a petition presented under section 11 is not presented or prosecuted in collusion with the respondent, and d there has not been any unnecessary or improper delay in instituting the proceeding, and e there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly. 2 before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties: 4provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause ii, clause iii, clause iv, clause v, clause vi or clause vii of subsection 1 of section 13. 53 for the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report. 4 in every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties. 1. ins. by s. 16, ibid. w.e.f. . 2. the words, bracket, letter of figure in clause f of subsection 1 of section 10 or omitted by s. 16, ibid. w.e.f. . 3. subs. by s. 16, ibid., for the petition w.e.f. . 4. added by s. 16, ibid. w.e.f. . 5. ins. by act 68 of , s. 16 w.e.f.

section 23a. of the hindu marriage act : 1in any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioners adultery, cruelty or desertion, but also make a counterclaim for any relief under this act on that ground and if the petitioners adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground. 1. ins by act 68 of , s. 17, w.e.f. .

section 24. of the hindu marriage act : where in any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable. 1provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be. 1. ins. by act 49 of , s. 8 w.e.f. .

section 29. of the hindu marriage act : 1 a marriage solemnized between hindus before the commencement of this act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religions, castes or subdivisions of the same caste. 2 nothing contained in this act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a hindu marriage, whether solemnized before or after the commencement of this act. 3 nothing contained in this act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial separation pending at the commencement of this act, and any such proceeding may be continued and determined as if this act had not been passed. 4 nothing contained in this act shall be deemed to affect the provisions contained in the special marriage act, , 43 of with respect to marriages between hindus solemnized under that act, whether before or after the commencement of this act.

section 26. of the hindu marriage act : in any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 1provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent. 1. ins. by act 49 of , s. 9 w.e.f. .

section 28a. of the hindu marriage act : 28a. enforcement of decrees and ordersall decrees and orders made by the court in any proceeding under this act shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being in forced.

section 25. of the hindu marriage act : 1 any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 1 pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondents own income and other property, if any, the income and other property of the applicant 2the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent. 2 if the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under subsection 1, it may, at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just. 3 if the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 3it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just. 1. the words while the applicant remains unmarried omitted by act 68 of , s. 18 w.e.f. . 2. subs. by s. 18, ibid., for certain words. w.e.f. . 3. subs. by s. 18, ibid., for it shall rescind the order w.e.f. .

section 30.. of the hindu marriage act : rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 7. of the central sales tax act : 1 every dealer liable to pay tax under this act shall, within such time as may be prescribed for the purpose, make an application for registration under this act to such authority in the appropriate state as the central government may, by general or special order, specify, and every such application shall contain such particulars as may be prescribed. 12 any dealer who is liable to pay tax under the sales tax law of the appropriate state or where there is no such law in force in the appropriate state or any part thereof, any dealer having a place of business in that state or part, as the case may be, may, notwithstanding that he is not liable to pay tax under this act, apply for registration under this act to the authority referred to in subsection 1, and every such application shall contain such particulars as may be prescribed. explanation.for the purposes of this subsection, a dealer shall be deemed to be liable to pay tax under the sales tax law of the appropriate state notwithstanding that under such law a sale or purchase made by him is exempt from tax or a refund or rebate of tax is admissible in respect thereof. 22a where is appears necessary to the authority to whom an application is made under subsection 1 or subsection 2 so to do for the proper realisation of the tax payable under this act or for the proper custody and use of the forms referred to in clause a of the first proviso to subsection 2 of section 6 or subsection 1 of section 6a or 3subsection 4 of section 8, he may, by an order in writing and for reasons to be recorded therein, impose as a condition for the issue of a certificate or registration a requirement that the dealer shall furnish in the prescribed manner and within such time as may be specified in the order such security as may be so specified, for all or any of the aforesaid purposes. 3 if the authority to whom an application under subsection 1 or subsection 2 is made is satisfied that the application is in conformity with the provisions of this act and the rules made thereunder 2and the condition, if any, imposed under subsection 2a, has been complied with he shall register the applicant and grant to him a certificate of registration in the prescribed form which shall specify the class or classes of goods for the purposes of subsection 1 of section 8. 23a where it appears necessary to the authority granting a certificate of registration under this section so to do for the proper realisation of tax payable under this act or for the proper custody and use of the forms referred to in subsection 3a, he may, at any time while such certificate is in force, by an order in writing and for reasons to be recorded therein, require the dealer, to whom the certificate has been granted, to furnish within such time as may be specified in the order and in the prescribed manner such security, or, if the dealer has already furnished any security in pursuance of an order under this subsection or subsection 2a, such additional security, as may be specified in the order, for all or any of the aforesaid purposes. 43b no dealer shall be required to furnish any security and subsection 2a or any security or additional security under subsection 3a, unless he has been given an opportunity of being heard. 3bb the amount of security which a dealer may be required to furnish under subsection 2a or subsection 3a or the aggregate of the amount of such security and the amount of additional security which may be required to furnish under subsection 3a, by the authority referred to therein shall not exceed a in the case of a dealer other than a dealer who has made an application, or who has been registered in pursuance of an application, under subsection 2, a sum equal to the tax payable under this act, in accordance with the estimate of such authority, on the turnover of such dealer for the year in which such security or, as the case may be, additional security is required to be furnished and b in the case of a dealer who has made an application, or who has been registered in pursuance of an application, under subsection 2, a sum equal to the tax leviable under this act, in accordance with the estimate of such authority on the sales to such dealer in the course of interstate trade or commerce in the year in which such security or, as the case may be additional security is required to be furnished, had such dealer been not registered under this act. 3c where the security furnished by a dealer under subsection 2a or subsection 3a is in the form of a surety bond and the surety becomes insolvent or dies, the dealer shall, within thirty days of the occurrence of any of the aforesaid events, inform the authority granting the certificate of registration and shall within ninety days of such occurrence furnish a fresh surety bond or furnish in the prescribed manner other security for the amount of the bond. 3d the authority granting the certificate of registration may by order and for good and sufficient cause forfeit the whole or any part of the security furnished by a dealer, a for realising any amount of tax or penalty payable by the dealer b if the dealer is found to have misused any of the forms referred to in subsection 2a to have failed to keep them in proper custody: provided that no order shall be passed under this subsection without giving the dealer an opportunity of being heard. 3e where by reason of an order under subsection 3d, the security furnished by any dealer is rendered insufficient, he shall make up the deficiency is such manner and within such time as may be prescribed. 3f the authority issuing the forms referred to in subsection 2a may refuse to issue such forms to a dealer who has failed to comply with an order under that subsection or subsection 3a, or with the provisions or subsection 3c or subsection 3e, until the dealer has complied with such order or such provisions, as the case may be. 3g the authority granting a certificate of registration may, on application by the dealer to whom it has been granted, order the refund of any amount or part thereof deposited by the dealer by way of security under this section, if it is not required for the purpose of this act. 3h any person aggrieved by an order passed under subsection 2a, subsection 3a, subsection 3d or subsection 3g may, within thirty days of the service of the order on him, but after furnishing the security, prefer, in such form and manner as may be prescribed, an appeal against such order to such authority here after in this section referred to as the appellate authority as may be prescribed: provided that the appellate authority may, for sufficient cause, permit such person to present the appeal, a after the expiry of the said period of thirty days or b without furnishing the whole or any part of such security. 3i the procedure to be followed in hearing any appeal under subsection 3h, and the fees payable in respect of such appeals shall be such as may be prescribed. 3j the order passed by the appellate authority in any appeal under subsection 3h shall be final. 54 a certificate of registration granted under this section may a either on the application of the dealer to whom it has been granted or, where no such application has been made, after due notice to the dealer, be amended by the authority granting it if he is satisfied that by reason of the registered dealer having changed the name, place or nature of his business or the class or classes of goods in which he carries on business or for any other reason the certificate of registration granted to him requires to be amended or b be cancelled by the authority granting it, where he is satisfied, after due notice to the dealer to whom it has been granted, that he has ceased to carry on business 6or has ceased to exist or has failed without sufficient cause, to comply with an order under subsection 3a or with the provisions of subsection 3c or subsection 3e or has failed to pay any tax or penalty payable under this act, or in the case of a dealer registered under subsection 2 has ceased to be liable to pay tax under the sales tax of the appropriate state or for any other sufficient reason. 5 a registered dealer may apply in the prescribed manner not later than six months before the end of a year to the authority which granted his certificate of registration for the cancellation of such registration, and the authority shall, unless the dealer is liable to pay tax under this act, cancel the registration accordingly, and where he does so, the cancellation shall take effect from the end of the year. 1. subs. by act 31 of , s. 4, for subsection 2 w.e.f. . 2. ins. by act 61 of , s. 4 w.e.f. . 3. subs. by act 16 of , s. 3, for clause a of subsection 4 of section 8 w.e.f. . 4. subs. by act 103 of , s. 5, for subsection 3b w.e.f. . 5. subs. by act 31 of , s. 4, for subsection 4 w.e.f. . 6. subs. by act 61 of , s. 4, for or has ceased to exist w.e.f.

section 1. of the central sales tax act : show related subordinates 1 this act may be called the central sales tax act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act. 1. the words except the state of jammu and kashmir omitted by act 5 of , s. 2 w.e.f. . 2. 5th january, , all sections except section 15, vide notification no. s.r.o. 78, dated 4th january, , gazette of india, extra. , pt. ii, section 3, p.57 and section 15 with effect from 1st october, , vide g.s.r. 897, dated 23rd september, , gazette of india, extra. , pt. ii, section 3 i, p. 476

section 3. of the central sales tax act : a sale or purchase of goods shall be deemed to take place in the course of interstate trade or commerce if the sale or purchase a occasions the movement of goods from one state to another or b is effected by a transfer of documents of title to the goods during their movement from one state to another. explanation 1.where goods are delivered to a carrier or other bailee for transmission, the movement of the goods shall, for the purposes of clause b, be deemed to commence at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee. explanation 2.where the movement of goods commences and terminates in the same state it shall not be deemed to be a movement of goods from one state to another by reason merely of the fact that in the course of such movement the goods pass through the territory of any other state. 1explanation 3.where the gas sold or purchased and transported through a common carrier pipeline or any other common transport or distribution system becomes comingled and fungible with other gas in the pipeline or system and such gas is introduced into the pipeline or system in one state and is taken out from the pipeline in another state, such sale or purchase of gas shall be deemed to be a movement of goods from one state to another. 1. ins. by act 28 of , s. 224 w.e.f. .

section 6a., in case of transfer of goods claimed otherwise than by way of sale. of the central sales tax act : 16a. burden of proof, etc., in case of transfer of goods claimed otherwise than by way of sale.1 where any dealer claims that he is not liable to pay tax under this act, in respect of any goods, on the ground that the movement of such goods from one state to another was occasioned by reason of transfer of such goods by him to any other place of his business or to his agent or principal, as the case may be, and not by reason of sale, the burden of proving that the movement of those goods was so occasioned shall be on that dealer and for this purpose he may furnish to the assessing authority, within the prescribed time or within such further time as that authority may, for sufficient cause, permit, a declaration, duly filled and signed by the principal officer of the other place of business, or his agent or principal, as the case may be, containing the prescribed particulars in the prescribed form obtained from the prescribed authority, along with the evidence of dispatch of such goods 2, and if the dealer fails to furnish such declaration, then, the movement of such goods shall be deemed for all purposes of this act to have been occasioned as a result of sale. 2 if the assessing authority is satisfied after making such inquiry as he may deem necessary that the particulars contained in the declaration furnished by a dealer under subsection 1 3are true and that no interstate sale has been effected, he may, at the time of, or at any time before, the assessment of the tax payable by the dealer under this act, make an order to that effect and thereupon the movement of goods to which the declaration relates shall, subject to the provisions of subsection 3, be deemed for the purpose of this act to have been occasioned otherwise than as a result of sale. explanation.in this section, assessing authority, in relation to dealer, means the authority for the time being competent to assess the tax payable by the dealer under this act. 43 nothing contained in subsection 2 shall preclude reassessment by the assessing authority on the ground of discovery of new facts or revision by a higher authority on the ground that the findings of the assessing authority are contrary to law, and such reassessment or revision may be done in accordance with the provisions of general sales tax law of the state. 1. ins. by act 61 of , s. 3 w.e.f. . 2. ins. by act 20 of , s. 151 w.e.f. . 3. subs. by act 14 of , s. 78, for certain words w.e.f. . 4. ins. by s. 78, ibid. w.e.f. .

section 5. of the central sales tax act : 1 a sale or purchase of goods shall be deemed to take place in the course of the export of the goods out of the territory of india only if the sale or purchase either occasions such export or is effected by a transfer of documents of title to the goods after the goods have crossed the customs frontiers of india. 2 a sale or purchase of goods shall be deemed to take place in the course of the import of the goods into the territory of india only if the sale or purchase either occasions such import or is effected by a transfer of documents of title to the goods before the goods have crossed the customs frontiers of india. 13 notwithstanding anything contained in subsection 1, the last sale or purchase of any goods preceding the sale or purchase occasioning the export of those goods out of the territory of india shall also be deemed to be in the course of such export, if such last sale or purchase took place after, and was for the purpose of complying with, the agreement or order for or in relation to such export. 24 the provisions of subsection 3 shall not apply to any sale or purchase of goods unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the exporter to whom the goods are sold in a prescribed form obtained from the prescribed authority. 5 notwithstanding anything contained in subsection 1, if any designated indian carrier purchases aviation turbine fuel for the purposes of its international flight, such purchase shall be deemed to take place in the course of the export of goods out of the territory of india. explanation.for the purposes of this subsection, designated indian carrier means any carrier which the central government may, by notification in the official gazette, specify in this behalf. 1. ins. by act 103 of , s. 3 w.e.f. . 2. ins. by act 18 of , s. 90 w.e.f. .

section 2. of the central sales tax act : in this act, unless the context otherwise requires, a appropriate state means i in relation to a dealer who has one or more places of business situate in the same state, that state ii in relation to a dealer who has 1 places of business situate in the different states, every such state with respect to the place or places of business situated within its territory 2 3aa business includes i any trade, commerce or manufacture, or any adventure or concern in the nature of trade, commerce or manufacture, whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure or concern and ii any transaction in connection with or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern ab crossing the customs frontiers of india means crossing in the limits of the area of a customs station in which imported goods or export goods are ordinarily kept before clearance by customs authorities. explanation.for the purposes of this clause, customs station and customs authorities shall have the same meanings as in the customs act, 52 of 4b dealer means any person who carries on whether regularly or otherwise the business of buying, selling, supplying or distributing goods, directly or indirectly, for cash or for deferred payment, or for commission remuneration or other valuable consideration, and includes i a local authority, a body corporate, a company, any cooperative society or other society, club, firm, hindu undivided family or other association of persons which carries on such business ii a factor, broker, commission agent, del credere agent, or any other mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who carries on the business of buying, selling, supplying or distributing, goods belonging to any principal whether disclosed or not and iii an auctioneer who carries on the business of selling or auctioning goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal. explanation 1.every person who acts as an agent, in any state, of a dealer residing outside that state and buys, sells, supplies, or distributes, goods in the state or acts on behalf of such dealer as i a mercantile agent as defined in the sale of goods act, 3 of , or ii an agent for handling of goods or documents of title relating to goods, or iii an agent for the collection or the payment of the sale price of goods or as a guarantor for such collection or payment, and every local branch or office in a state of a firm registered outside that state or a company or other body corporate, the principal office or headquarters whereof is outside that state, shall be deemed to be a dealer for the purposes of this act. explanation 2.a government which, whether or not in the course of business, buy, sells, supplies or distributes, goods, directly or otherwise, for cash or for deferred payment or for commission, remuneration or other valuable consideration, shall except in relation to any sale, supply or distribution or surplus, unserviceable or old stores or materials or waste products or obsolete or discarded machinery or parts or accessories thereof, be deemed to be a dealer for the purposes of this act 5 6d goods means i petroleum crude ii high speed diesel iii motor spirit commonly known as petrol iv natural gas v aviation turbine fuel and vi alcoholic liquor for human consumption 7dd place of business includes i in any case where a dealer carries on business through an agent by whatever name called, the place of business of such agent ii a warehouse, go down or other place where a dealer stores his goods and iii a place where a dealer keeps his books of account e prescribed means prescribed by rules made under this act f registered dealer means a dealer who is registered under section 7 8g sale, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or deferred payment or for any other valuable consideration, and includes, i a transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration ii a transfer of property in goods whether as goods or in some other form involved in the execution of a works contract iii a delivery of goods on hirepurchase or any system of payment by installments iv a transfer of the right to use any goods for any purpose whether or not for a specified period for cash, deferred payment or other valuable consideration v a supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration vi a supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink whether or not intoxicating, where such supply or service, is for cash, deferred payment or other valuable consideration, but does not include a mortgage or hypothecation of or a charge or pledge on goods h sale price means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged: 9provided that in the case of a transfer of property in goods whether as goods or in some other form involved in the execution of a works contract, the sale price of such goods shall be determined in the prescribed manner by making such deduction from the total consideration for the works contract as may be prescribed and such price shall be deemed to be the sale price for the purposes of this clause. 10 i sales tax law means any law for the time being in force in any state or part thereof which provides for the levy of taxes on the sale or purchase of goods generally or on any specified goods expressly mentioned in that behalf, and general sales tax law means the law for the time being in force in any state or part thereof which provides for the levy of tax on the sale or purchase of goods generally and includes value added tax law j turnover used in relation to any dealer liable to tax under this act means the aggregate of the sale prices received and receivable by him in respect of sales of any goods in the course of interstate trade or commerce made during any prescribed period 11and determined in accordance with the provisions of this act and the rules made thereunder 12ja works contract means a contract for carrying out any work which included assembling, construction, building, altering, manufacturing, processing, fabrication, erection, installation, fitting out, improvement, repair or commissioning of any movable or immovable property k year, in relation to a dealer, means the year applicable in relation to him under the general sales tax law of the appropriate state, and where there is no such year applicable, the financial year. 1. the words one or more omitted by act 31 of , s. 2 w.e.f. . 2. the explanation omitted by s. 2, ibid. w.e.f. . 3. ins. by act 103 of , s. 2 w.e.f. . 4. subs. by act 103 of , s. 2, for cl. b w.e.f. . 5 clause c omitted by act 18 of , s. 13 w.e.f. . 6. subs. by act 18 of , s. 13, for clause d w.e.f. . 7. ins. by act 31 of , s. 2 w.e.f. . 8. subs. by act 20 of , s. 150, for clause g w.e.f. . 9. the proviso ins. by act 18 of , s. 89 w.e.f. . 10. subs. by s. 89, ibid., for clause i w.e.f. . 11 subs. by act 28 of , s. 2, for and determined in the prescribed manner w.e.f. . 12. ins. by act 18 of , s. 89 w.e.f. .

section 8. of the central sales tax act : 1 21 every dealer, who in the course of interstate trade or commence, sells to a registered dealer goods of the description referred to in subsection 3, shall be liable to pay tax under this act, which shall be three per cent. of his turnover or at the rate applicable to the sale or purchase of such goods inside the appropriate state under the sales tax law of that state, whichever is lower: provided that the central government may, by notification in the official gazette, reduce the rate of tax under this subsection. 2 the tax payable by any dealer on his turnover in so far as the turnover or any part thereof relates to the sale of goods in the course of interstate trade or commerce not falling within subsection 1, shall be at the rate applicable to the sale or purchase of such goods inside the appropriate state under the sales tax law of that state. explanation.for the purposes of this subsection, a dealer shall be deemed to be a dealer liable to pay tax under the sales tax law of the appropriate state, notwithstanding that he, in fact, may not be so liable under that law. 3 3 4the goods referred to in subsection 1, 5 6b are goods of the class or classes specified in the certificate of registration of the registered dealer purchasing the goods as being intended for resale by him or subject to any rules made by the central government in this behalf, for use by him in the manufacture or processing for sale of goods specified under clause d of section 2 c are containers or other materials specified in the certificate of registration of the registered dealer purchasing the goods, being containers or materials intended for being used for the packing of goods for sale d are containers or other materials used for the packing of any goods or classes of goods specified in the certificate of registration referred to in 7 clause b or for the packing of any containers or other materials specified in the certificate of registration referred to in clause c. 84 the provisions of subsection 1 shall not apply to any sale in the course of interstate trade or commerce unless the dealer selling the goods furnishes to the prescribed authority in the prescribed manner a declaration duly filled and signed by the registered dealer to whom the goods are sold containing the prescribed particulars in a prescribed form obtained from the prescribed authority: provided that the declaration is furnished within the prescribed time or within such further time as that authority may, for sufficient cause, permit. 95 notwithstanding anything contained in this section, the state government may, 10on the fulfillment of the requirements laid down in subsection 4 by the dealer, if it is satisfied that it is necessary so to do in the public interest, by notification in the official gazette and subject to such conditions as may be specified therein direct, a that no tax under this act shall be payable by any dealer having his place of business in the state in respect of the sales by him, in the course of interstate trade or commerce 10to a registered dealer 11, from any such place of business of any such goods or classes of goods as may be specified in the notification, or that the tax on such sales shall be calculated at such lower rates than those specified in subsection 1 11 as may be mentioned in the notification b that in respect of all sales of goods or sales of such classes of goods as may by specified in the notification, which are made, in the course of interstate trade or commerce 10to a registered dealer 11, by any dealer having his place of business in the state or by any class of such dealers as may be specified in the notification to any person or to such class of persons as may be specified in the notification, no tax under this act shall be payable or the tax on such sales shall be calculated at such lower rates than those specified in subsection 1 or subsection 2 11 as may be mentioned in the notification. 126 notwithstanding anything contained in this section, no tax under this act shall be payable by any dealer in respect of sale of any goods made by such dealer, in the course of interstate trade or commerce to a registered dealer for the purpose of setting up, operation, maintenance, manufacture, trading, production, processing, assembling, repairing, reconditioning, reengineering, packaging or for use as packing material or packing accessories in a unit located in any special economic zone or for development, operation and maintenance of special economic zone by the developer of the special economic zone, if such registered dealer has been authorised to establish such unit or to develop, operate and maintain such special economic zone by the authority specified by the central government in this behalf. 7 the goods referred to in subsection 6 shall be the goods of such class or classes of goods as specified in the certificate of registration of the registered dealer referred to in that subsection. 8 the provisions of subsections 6 and 7 shall not apply to any sale of goods made in the course of interstate trade or commerce unless the dealer selling such goods furnishes to the 13 prescribed authority referred to in subsection 4 a declaration in the prescribed manner on the prescribed form obtained from the authority specified by the central government under subsection 6 duly filled in and signed by the registered dealer to whom such goods are sold. explanation.for the purposes of subsection 6, the expression special economic zone has the meaning assigned to it in clause iii to explanation 2 to the proviso to section 3 of the central excise act, 1 of . 1. subs. by act 31 of , s. 5, for subsections 1, 2, 3 and 4 w.e.f. . 2. subs. by act 16 of , s. 4, for subsections 1 and 2 w.e.f. . 3. subsection 2a omitted by act 20 of , s. 150 w.e.f. . 4 subs. by act 16 of , s. 4, for the goods referred to in clauses b of subsection 1 w.e.f. . 5. cl. a omitted by act 8 of , s. 2 w.e.f. . 6. subs. by act 13 of , s. 150, for clause b w.e.f. . 7. the words, brackets and letter clause a or omitted by act 8 of , s. 150 w.e.f. . 8. subs. by act 16 of , s. 4, for subsection 4 w.e.f. . 9. subs. by act 61 of , s. 5, for subsection 5 w.e.f. . 10. ins. by act 20 of , s. 152 w.e.f. . 11. the words or the government omitted by act 16 of , s. 4 w.e.f. . 12. subs. by act 23 of , s. 118, for subsection 6 w.e.f. . 13. subs. by act 23 of , s. 118, for certain words w.e.f. .

section 8a. of the central sales tax act : 18a. determination of turnover.1 in determining the turnover of a dealer for the purposes of this act, the following deductions shall be made from the aggregate of the sale prices, namely: a the amount arrived at by applying the following formula rate of tax x aggregate of sale prices : 100 plus rate of tax provided that no deduction on the basis of the above formula shall be made if the amount by way of tax collected by a registered dealer, in accordance with the provisions of this act, has been otherwise deducted from the aggregate of sale prices. explanation.where the turnover of a dealer is taxable at different rates, the aforesaid formula shall be applied separately in respect of each part of the turnover liable to a different rates of tax b the sale price of all goods returned to the dealer by the purchasers of such goods, i within a period of three months from the date of delivery of the goods, in the case of goods returned before the 14th day of may, ii within a period of six months from the date of delivery of the goods, in the case of goods returned on or after the 14th day of may, : provided that satisfactory evidence of such return of goods and of refund or adjustment in accounts of the sale price thereof is produced before the authority competent to assess or, as the case may be, reassess the tax payable by the dealer under this act and c such other deductions as the central government may, having regard to the prevalent market conditions, facility of trade and interests of consumers, prescribe. 2 save as otherwise provided in subsection 1, in determining the turn over of a dealer for the purposes of this act, no deduction shall be made from the aggregate of the sale prices. 1. ins. by act 28 of , s. 5 retrospectively.

section 4. of the central sales tax act : 1 subject to the provisions contained in section 3, when a sale or purchase of goods is determined in accordance with subsection 2 to take place inside a state, such sale or purchase shall be deemed to have taken place outside all other states. 2 a sale or purchase of goods shall be deemed to take place inside a state, if the goods are within the state a in the case of specific or ascertained goods, at the time the contract of sale is made and b in the case of unascertained or future goods, at the time of their appropriation to the contract of sale by the seller or by the buyer, whether assent of the other party is prior or subsequent to such appropriation explanation.where there is a single contract of sale or purchase of goods situated at more places than one, the provisions of this subsection shall apply as if there were separate contracts in respect of the goods at each of such places.

section 10. of the central sales tax act : if any person 1a furnishes a 2 declaration under subsection 2 of section 6 or subsection 1 of section 6a or subsection 4 3subsection 8 which he knows, or has reason to believe, to be false or aa fails to get himself registered as required by section 7 or fails to comply with an order under subsection 3a or with the requirements of subsection 3c or subsection 3e of that section b being a registered dealer, falsely represents when purchasing any class of goods that goods of such class are covered by his certificate of registration or c not being a registered dealer, falsely represents when purchasing goods in the course of inter state trade or commerce that he is a registered dealer or d after purchasing any goods for any of the purposes specified in 4clause b or clause c or clause d of sub section 3 3or subsection 6 of section 8 fails, without reasonable excuse, to make use of the goods for any such purpose e has in his possession any form prescribed for the purpose of subsection 4 3or subsection 8 of section 8 which has not been obtained by him or by his principal or by his agent in accordance with the provisions of this act or any rules made there under 5f collects any amount by way of tax in contravention of the provisions contained in section 9a, he shall be punishable with simple imprisonment which may extend to six months, or with fine or with both, and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues. 1. subs. by s. 8, ibid., for clause a w.e.f. . 2. the words certificate or omitted by act 16 of , s. 6 w.e.f. . 3. ins. by act 20 of , s. 153 w.e.f. . 4. subs. by act 61 of , s. 8, for clause b w.e.f. . 5. ins. by act 31 of , s. 7 w.e.f. .

section 6. of the central sales tax act : 11 subject to the other provisions contained in this act, every dealer shall, with effect from such date as the central government may, by notification in the official gazette, appoint, not being earlier than thirty days from the date of such notification, be liable to pay tax under this act on all sales 2of goods other than electrical energy effected by him in the course of inter state trade or commerce during any year on and from the date so notified: 3provided that a dealer shall not be liable to pay tax under this act on any sale of goods which, in accordance with the provisions of subsection 3 of section 5 is a sale in the course of export of those goods out of the territory of india. 41a a dealer shall be liable to pay tax under this act on a sale of any goods effected by him in the course of interstate trade or commerce notwithstanding that no tax would have been leviable whether on the seller or the purchaser under the sales tax law of the appropriate state if that sale had taken place inside that state. 52 notwithstanding anything contained in subsection 1 or subsection 1a, where a sale of any goods in the course of interstate trade or commerce has either occasioned the movement of such goods from one state to another or has been effected toy a transfer of documents of title to such goods during their movement from one state to another, any subsequent sale during such movement effected by a transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in subsection 3 of section 8, shall be exempt from tax under this act: provided that no such subsequent sale shall be exempt from tax under this subsection unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed time or within such further time as that authority may, for sufficient cause, permit, a a certificate duly filled and signed by the registered dealer from whom the goods were purchased containing the prescribed particulars in a prescribed form obtained from the prescribed authority and b if the subsequent sale is made to a registered dealer, a declaration referred to in subsection 4 of section 8: provided further that it shall not be necessary to furnish the declaration referred to in clause b of the preceding proviso in respect of a subsequent sale of goods if, a the sale or purchase of such goods is, under the sales tax law of the appropriate state exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent. or such reduced rate as may be notified by the central government, by notification in the official gazette, under subsection 1 of section 8 whether called a tax or fee or by any other name and b the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in this subsection. 63 notwithstanding anything contained in this act, if a any official or personnel of i any foreign diplomatic mission or consulate in india or ii the united nations or any other similar international body, entitled to privileges under any convention to which india is a party or under any law for the time being in force or b any consular or diplomatic agent of any mission, the united nations or other body referred to in subclause i or subclause ii of clause a, purchases any goods for himself or for the purposes of such mission, united nations or other body, then, the central government may, by notification in the official gazette, exempt, subject to such conditions as may be specified in the notification, the tax payable on the sale of such goods under this act. 1. section 6 renumbered as subsection 1 thereof by act 31 of , s. 3 w.e.f. . 2. ins. by act 61 of , s. 2 w.e.f. . 3 ins. by act 103 of , s. 4 w.e.f. . 4. ins. by act 28 of , s. 3 w.e.f. . 5. subs. by act 16 of , s. 2, for subsection 2 w.e.f. . 6. subs. by act 16 of , s. 2, for subsection 3 w.e.f. .

section 11. of the central sales tax act : 1 no court shall take cognizance of any offence punishable under this act or the rules made thereunder except with the previous sanction of the government within the local limits of whose jurisdiction the offence has been committed or of such officer of that government as it may, by general or special order, specify in this behalf and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try and such offence. 2 all offences punishable under this act shall be cognizable and bailable.

section 9. of the central sales tax act : 1 29. levy and collection of tax and penalties.1 the tax payable by any dealer under this act on sales of goods effected by him in the course of interstate trade or commerce, whether such sales fall within clause a or clause b of section 3, shall be levied by the government of india and the tax so levied shall be collected by that government in accordance with the provisions of subsection 2, in the state from which the movement of the goods commenced: 3provided that, in the case of a sale of goods during their movement from one state of another, being a sale subsequent to the first sale in respect of the same goods and being also a sale which does not fall within subsection 2 of section 6, the tax shall be levied and collected a where such subsequent sale has been effected by a registered dealer, in the state from which the registered dealer obtained or, as the case may be, could have obtained, the form prescribed for the purpose of 4subsection 4 of section 8 in connection with the purchase of such goods, and b where such subsequent sale has been effected by an unregistered dealer in the state from which such subsequent sale has been effected. 2 subject to the other provisions of this act and the rules made thereunder, the authorities for the time being empowered to assess, reassess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india, assess reassess, collect and enforce payment of tax, including any 5interest or penalty, payable by a dealer under this act as if the tax or 5interest or penalty payable by such a dealer under this act is a tax or 5interest or penalty payable under the general sales tax law of the state and for this purpose they may exercise all or any of the powers they have under the general sales tax law of the state and the provisions of such law, including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of the tax liability of a person carrying on business on the transfer of, or successor to, such business, transfer of liability of any firm of hindu undivided family to pay tax in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, provisions, references, 6refunds, rebated, penalties, 5interest or penalty 7charging or payment of interest, compounding of offences and treatment of documents furnished by a dealer as confidential, shall apply accordingly: provided that if in any state or part thereof there is no general sales tax law in force, the central government may, be rules made in this behalf make necessary provision for all or any of the matter specified in this subsection. 72a all the 8provisions relating to offences, interest and penalties including provisions relating to penalties in lieu of prosecution for an offence or in addition to the penalties or punishment for an offence but excluding the provisions relating to matters provided for in section 10 and 10a of the general sales tax law of each state shall, with necessary modifications, apply in relation to the assessment, reassessment, collection and the enforcement of payment of any tax required to be collected under this act in such state or in relation to any process connected with such assessment, reassessment, collection or enforcement of payment as if the tax under this act were a tax under such sales tax law. 92b if the tax payable by any dealer under this act is not paid in time, the dealer shall be liable to pay interest for delayed payment of such tax and all the provisions for delayed payment of such tax and all the provisions relating to due date for payment of tax, rate of interest for delayed payment of tax and assessment and collection of interest for delayed payment of tax, of the general sales tax law of each state, shall apply in relation to due date for payment of tax, rate of interest for delayed payment of tax, and assessment and collection of interest for delayed payment of tax under this act in such states as if the tax and the interest payable under this act were a tax and an interest under such sales tax law. 3 the proceeds in any financial year of any tax, 10including any interest or penalty levied and collected under this act in any state other than a union territory on behalf on the government of india shall be assigned to the state and shall be retained by it and the proceeds attributable to union territories shall form part of the consolidated fund of india. 1. subs. by act 31 of , s. 6, for the original section 9 w.e.f. . 2. subs. by act 28 of , s. 6, for section 9 retrospectively. 3. the proviso subs. by act 103 of , s. 6 w.e.f. . 4. subs. by act 16 of , s. 5, for clause a of subsection 4 of section 8 w.e.f. . 5. subs. by act 10 of , s. 119, for penalty w.e.f. . 6. subs. by act 61 of , s. 6, for refunds, penalties w.e.f. . 7. ins. by act 103 of , s. 6 retrospectively. 8. subs. by act 10 of , s. 119, for provisions relating to offences and penalties w.e.f. . 9. ins. by s. 119, ibid. w.e.f. . 10. subs. by act 10 of , s. 119, for including any penalty w.e.f. .

section 14.. of the central sales tax act : certain goods to be of special importance in interstate trade or commerce. omitted by the taxation laws amendment act, 18 of , s. 14 w.e.f. .

section 9a. of the central sales tax act : 19a. collection of tax to be only by registered dealers.no person who is not a registered dealer shall collect in respect of any sale by him of goods in the course of interstate trade or commerce any amount by way of tax under this act, and no registered dealer shall make may such collection except in accordance with this act and the rules made thereunder. 1. subs. by act 31 of , s. 6, for the original section 9 w.e.f. .

section 16. of the central sales tax act : 116. definitions.in this chapter, a appropriate authority, in relation to a company, means the authority competent to assess tax on the company b company and private company have the meanings respectively assigned to them by clauses i and iii of subsection 1 of section 3 of the companies act, 1 of . 1. ins. by s. 13, ibid. w.e.f .

section 12. of the central sales tax act : no suit, prosecution or other legal proceeding shall lie against any officer of government for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 9b. of the central sales tax act : 19b. rounding off of tax, etc.the amount of tax, penalty, fine or any other sum payable, and the amount of refund due, under the provisions of this act shall be rounded off to the nearest rupees and, for the purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise, it shall be ignored: provided that nothing in this section shall apply for the purpose of collection by a dealer of any amount by way of tax under this act in respect of any sale by him of goods in the course of interstate trade or commerce. 1. ins. by act 61 of , s. 7 w.e.f. .

section 15.. of the central sales tax act : restrictions and conditions in regard to tax on sales or purchases of declared goods. omitted by s. 15, ibid. w.e.f. .

section 10a. of the central sales tax act : 110a. imposition of penalty in lieu of prosecution., 21 if any person purchasing goods is guilty of an offence under clause b or clause c or clause d of section 10, the authority who granted to him or, as the case may be, is competent to grant to him a certificate of registration under this act may, after giving him a reasonable opportunity of being heard, by order in writing impose upon him by way of penalty a sum not exceeding oneandahalf times 3the tax which would have been levied under subsection 2 of section 8 in respect of the sale to him of the goods, if the sale had been a sale falling within that subsection: provided that no prosecution for an offence under section 10 shall be instituted in respect of the same facts on which a penalty has been imposed under this section. 42 the penalty imposed upon any dealer under subsection 1 shall be collected by the government of india in the manner provided in subsection 2 of section 9 a in the case of an offence falling under clause b or clause d of section 10, in the state in which the person purchasing the goods obtained the form prescribed for the purposes of 5subsection 4 of section 8 in connection with the purchase of such goods b in the case of an offence falling under clause c of section 10, in the state in which the person purchasing the goods should have registered himself if the offence had not been committed. 1. ins. by act 31 of , s. 8 w.e.f. . 2. section 10a renumbered as subsection 1 thereof by act 28 of , s. 7 w.r.e.f. . 3. subs. by act 61 of , s.9, for certain words w.e.f. . 4. ins. by act 28 of , section 7 w.r.e.f. . 5. subs. by act 16 of , s. 5, for clause a of subsection 4 of section 8 w.e.f. .

section 17. of the central sales tax act : 117. company in liquidation.1 every person a who is the liquidator of any company which is being wound up, whether under the orders of a court or otherwise or b who has been appointed the receiver of any assets of a company, hereinafter referred to as the liquidator shall, within thirty days after he has become such liquidator, give notice of his appointment as such to the appropriate authority. 2 the appropriate authority shall, after making such inquiry of calling for such information as it may deem fit, notify to the liquidator within three months form the date on which he receives notice of the appointment of the liquidator the amount which, in the opinion of the appropriate authority would be sufficient to provide for any tax which is then, or is likely thereafter to become, payable by the company. 3 the liquidator shall not part with any of the assets of the company or the properties in his hands until he has been notified by the appropriate authority under subsection 2 and no being so notified, shall set aside an amount equal to the amount notified and, until he so sets aside such amount, shall not part with any of the assets of the company or the properties in his hands: provided that nothing contained in this subsection shall debar the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax payable by the company under this act or for making any payment to secured creditors whose debts are entitled under law to priority of payment over debts due to government on the date of liquidation or for meeting such costs and expenses of the winding up of the company as are in the opinion of the appropriate authority reasonable. 4 if the liquidator fails to give the notice in accordance with subsection 1 or fails or set aside the amount as required by, or parts with any of the assets of the company or the properties in his hands in contravention of the provisions of subsection 3, he shall be personally liable for the payment of the tax which the company would be liable to pay: provided that if the amount of any tax payable by the company is notified under subsection 2, the personal liability of the liquidator under this subsection shall be to the extent of such amount. 5 where there are more liquidators than one, the obligations and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally. 6 the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. 1. ins. by s. 13, ibid. w.e.f .

section 13. of the central sales tax act : 1 the central government may, by notification in the official gazette, make rules providing for a the manner in which applications for registration may be made under this act, the particulars to be contained therein, the procedure for the grant of such registration, the circumstances in which registration may be refused and the form in which the certificate of registration may be given 1aa the manner of determination of the sale price and the deduction from the total consideration for a works contract under the proviso to clause h of section 2 2ab the form and the manner for furnishing declaration under subsection 8 of section 8 b the period turnover, the manner in which the turnover in relation to the sale of any goods under this act shall be determined, and the deductions which may be made 3under clause c of subsection 1 of section 8a in the process of such determination c the cases and circumstances in which, and the conditions subject to which, any registration granted under this act may be cancelled 4d the form in which and the particulars to be contained in the declaration or certificate to be given under this act 3the state of origin or such form or certificate and the time within which any such certificate or declaration shall be produced or furnished e the enumeration of goods or class of goods used in the manufacture or processing of goods for sale or in mining or in the generation or distribution of electricity or any other form of power f the matters in respect of which provision may be made under the provision to 5subsection 2 of section 9 g the fees payable in respect of applications under this act. 6h the proper functioning of the authority constituted under section 19 i the salaries and allowances payable to, and the terms and conditions of service of, the chairman and members under subsection 3 of section 19 j any other matter as may be prescribed. 72 every rule made by the central government under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 3 the state government may make rules, not inconsistent with the provisions of this act and the rules made under subsection 1, to carry out the purposes of this act. 4 in particular and without prejudice to the powers conferred by subsection 3, the state government may make rules for all or any of the following purposes, namely: a the publication of lists of registered dealers, of the amendments made in such lists from time to time, and the particulars to be contained in such lists 8aa the manner in which security may be furnished under subsection 2a or subsection 3a or subsection 3c of section 7 and the manner in which and the time within which any deficiency may be made up under subsection 3e of that section b the form and manner in which accounts relating to sales in the course of interstate trade or commerce shall be kept by registered dealers c the furnishing of any information relating to the stocks of goods of, purchases, sales and deliveries of books by, any dealer or any other information relating to his business as may be necessary for the purposes of this act d the inspection of any books, accounts or documents required to be kept under this act, the entry into any premises at all reasonable times for the purposes of searching for any such books, accounts or documents kept or suspected to be kept in such premises and the seizure of such books, accounts or documents 9e the authority from whom, the conditions subject to which and fees subject to payment of which any form of certificate prescribed under clause a of the first proviso to subsection 2 of section 6 or of declaration prescribed under subsection 1 of section 6a or subsection 4 of section 8 may be obtained, the manner in which such forms shall be kept in custody and records relating thereto maintained and the manner in which any such form may be used and any such certificate or declaration may be furnished ee the form and manner in which, and the authority to whom, an appeal may be preferred under subsection 3h of section 7, the procedure to be followed in hearing such appeals and the fees payable in respect of such appeals f in the case of an undivided hindu family, association, club, society, firm or company or in the case of a person who carries on business as a guardian or trustee or otherwise on behalf of another person, the furnishing of a declaration stating the name of the person who shall be deemed to be the manager in relation to the business of the dealer in the state and the form in which such declaration may be given g the time within which, the manner in which and 10the authorities to whom any change in the ownership of any business or in 11the name, place or nature of any business carried on by any dealer shall be furnished. 5 in making any rule under this section 12the central government or, as the case may be, the state government may direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees and when the offence is a continuing offence, with a daily fine which may extend to fifty rupees for every day during which the offence continues. 1 ins. by act 18 of , s. 92 w.e.f. . 2. clause aa lettered as clause ab thereof by s. 92, ibid. w.e.f. . 3. ins. by act 61 of , s. 10 w.e.f. . 4. subs. by act 31 of , s. 9, for clause d w.e.f. . 5. subs. by act 28 of , s. 8, for subsection 3 retrospectively. 6. ins. by act 41 of , s. 2 w.e.f. . 7. subs. by act 61 of , s. 10, for subsection 2 w.e.f. . 8. ins. by s. 10, ibid. w.e.f. . 9 subs. by act 61 of , s.10, for clause e w.e.f. . 10. subs. by act 31 of , s. 9, for the authorities to which w.e.f. . 11. subs. by act 31 of , s. 9, for the nature w.e.f. . 12. subs. by act 61 of , s.10, for the state government w.e.f. .

section 18. of the central sales tax act : 118. liability of directors of private company in liquidation.notwithstanding anything contained in the companies act, 1 of , when any private company is wound up after the commencement of this act, and any tax assessed on the company under this act for any period, whether before or in the course of or after its liquidation, cannot be recovered, then, every person who was a director of the private company at any time during the period for which the tax is due shall be jointly and severally liable for the payment of such tax unless he proves that the nonrecovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of company. 1. ins. by s. 13, ibid. w.e.f .

section 23. of the central sales tax act : 123. procedure of authority.the authority shall, subject to the provisions of this chapter, have power to regulate its own procedure 2in all matters, including stay of recovery of any demand arising out of the exercise of powers under this act. 1. ins. by act 41 of , s. 3 w.e.f. . 2. subs. by act 32 of , s. 165, for in all matters w.e.f. .

section 18a. of the central sales tax act : 118a. appeals to highest appellate authority of state.1 notwithstanding anything contained in a state act, any person aggrieved by an order made by the assessing authority under subsection 2 of section 6a, or an order made under the provisions of subsection 3 of that section, may, notwithstanding anything contained in the general sales tax law of the appropriate state, prefer an appeal to the highest appellate authority of the state against such order: provided that any incidental issues including the rate of tax, computation of assessable turnover and penalty may be raised in such appeal. 2 an appeal under subsection 1 shall be filed within sixty days from the date2 on which the order referred to in that subsection is communicated to the aggrieved person: provided that any appeal forwarded by the highest appellate authority of a state to the first appellate authority under the proviso to subsection 2 of section 25 and pending before such authority immediately before the appointed day shall be transferred, on such appointed day, to the highest appellate authority of the state and the same shall be treated as an appeal filed under subsection 1 and dealt with accordingly. explanation.for the purposes of this subsection, appointed day means such date as the central government may, by notification in the official gazette, appoint. 3 the highest appellate authority of a state may, after giving both the parties an opportunity of being heard, pass appropriate order. 4 the highest appellate authority of the state may, as far as practicable, hear and decide such appeal within a period of six months from the date of filing of the appeal. 5 notwithstanding anything contained in a state act, the highest appellate authority of a state may, on the application of the appellant and after considering relevant facts, including the deposit of any amount towards local or central sales tax in other states on the same goods, pass an order of stay subject to such terms and conditions as it thinks fit, and such order may, inter alia, indicate the portion of tax as assessed, to be deposited prior to admission of the appeal. explanation.for the purposes of this section and sections 20, 21, 22 and 25, highest appellate authority of a state, with its grammatical variations, means any authority or tribunal or court, except the high court, established or constituted under the general sales tax law of a state, by whatever name called. 1. ins. by act 14 of , s. 79 w.e.f. . 2. ins. by act 41 of , s. 3 w.e.f. .

section 19. of the central sales tax act : 119. central sales tax appellate authority.1 the central government constitute, by notification in the official gazette, an authority to settle interstate disputes falling under 2section 6a read with section 9 of this act, to be known as the central sales tax appellate authority hereinafter referred to as the authority. 2 the authority shall consist of the following members appointed by the central government, namely: a a chairman, who is a retired judge of the supreme court, or a retired chief justice of a high court b an officer of the indian legal service who is, or is qualified to be, an additional secretary to the government of india and c an officer of a state government not below the rank of secretary or an officer of the central government not below the rank of additional secretary, who is an expert in sales tax matters. 32anotwithstanding anything contained in subsection 2, the chairman or a member holding a post as such in the authority for advance rulings appointed under clause a or clause c, as the case may be, of subsection 2 of section 245o of the incometax act, 43 of may, in addition to his being the chairman or a member of that authority, be appointed as the chairman or a member, as the case may be, of the authority under this act. 3 the salaries and allowances payable to, and the terms and conditions of service of, the chairman and members shall be such as may be prescribed. 4 the central government shall provide the authority with such officers and staff as may be necessary for the efficient exercise of the powers of the authority under this act. 1. ins. by act 41 of , s. 3 w.e.f. . 2. subs. by act 23 of , s. 119, for section 6a or section 9 w.e.f. . 3 ins. by act 3 of , s. 2 w.e.f.

section 19a., not to invalidate proceedings. of the central sales tax act : 1 219a. vacancies, etc., not to invalidate proceedings.no proceeding before the authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the authority. 1. ins. by act 41 of , s. 3 w.e.f. 2. ins. by s. 3, ibid. w.e.f. .

section 20. of the central sales tax act : 1 220. appeals. 3 1 an appeal shall lie to the authority against any order passed by the highest appellate authority of a state under this act determining issues relating to stock transfers or consignments of goods, in so far as they involve a dispute of interstate nature. 2 notwithstanding anything contained in the general sales tax law of a state, the authority shall adjudicate an appeal filed under subsection 1. 3 an appeal under subsection 1 may be filed within ninety days from the date on which the order referred to in that subsection is served on any aggrieved person: provided that the authority may entertain any appeal after the expiry of the said period of ninety days, but not later than one hundred and fifty days from the date of such service, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: provided further that the authority may entertain any appeal from an aggrieved person within sixty days from the commencement of the central sales tax amendment act, 3 of , where such aggrieved person had the right to file an appeal against the order of the highest appellate authority of the state under subsection 1 as it stood immediately before the commencement of the said act, but has not availed of the right to file the appeal during the period commencing on and from the 3rd day of december, and ending with the 16th day of march, . 4 the application shall be made in quadruplicate and be accompanied by a fee of five thousand rupees. 1. ins. by act 41 of , s. 3 w.e.f. . 2. subs. by s. 4, ibid., for section 20 w.e.f. . 3. subs. by act 14 of , s. 80, for subsection 1 w.e.f. .

section 21. of the central sales tax act : 1 on receipt of an appeal, the authority shall cause a copy thereof to be forwarded to the 1assessing appellate authority concerned as well as to each state government concerned with the appeal and to call upon them to furnish the relevant records: provided that such records shall, as soon as possible, be returned to the 2highest authority or such state government concerned, as the case may be. 2 the authority shall adjudicate and decide upon the appeal filed against an order of the 2highest authority. 3 the authority, after examining the appeal and the records called for, by order, either allow or reject the appeal: 3provided that no appeal shall be rejected unless an opportunity has been given to the appellant of being heard in person or through a duly authorised representative, and 4also to each state government concerned with the appeal of being heard. provided further that whether an appeal is rejected or accepted, reasons for such rejection or acceptance shall be given in the order. 4 the authority shall make an endeavour to pronounce its order in writing within six months of the receipt of the appeal. 5 a copy of every order made under subsection 3 shall be sent to the 5appellant, assessing authority, respondent and highest appellate authority of the state government concerned. 1. subs. by act 32 of , s. 164, for certain words w.e.f. . 2. subs. by act 3 of , s. 5, for assessing authority w.e.f. . 3. the proviso subs. by act 32 of , s.164 w.e.f. . 4. subs. by act 23 of , s. 119, for also to the state government w.e.f. . 5. subs. by act 3 of , s. 5, for appellant and to the assessing authority w.e.f.

section 22. of the central sales tax act : 122. poweres of the authority.1 the authority shall have the same powers as are vested in a court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a enforcing the attendance of any person, examining him on oath or affirmation b compelling the production of accounts and documents c issuing commission for the examination of witnesses d the reception of evidence on affidavits e any other matter which may be prescribed. 21a the authority may grant stay of the operation of the order of the highest appellate authority against which the appeal is filed before it or order the 3deposit of the tax before entertaining the appeal and while granting such stay or making such order for the 3deposit of the tax, the authority shall have regard, if the assessee has made 3deposit of the tax under the general sales tax law of the state concerned, to such 3deposit or pass such appropriate order as it may deem fit. 41b the authority may issue direction for refund of tax collected by a state which has been held by the authority to be not due to that state, or alternatively, direct that state to transfer the refundable amount to the state to which central sales tax is due on the same transaction: provided that the amount of tax directed to be refunded by a state shall not exceed the amount of central sales tax payable by the appellant on the same transaction. 2 every proceeding before the authority shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the indian penal code and the authority shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 41 of , s. 3 w.e.f. . 2. subs. by s. 6, ibid., for subsection 1a w.e.f. . 3. subs. by act 14 of , s. 81, for predeposit w.e.f. . 4. ins. by act 14 of , s. 81 w.e.f. .

section 24. of the central sales tax act : 124. authority for advance ruilings to function as authority under this act.1 notwithstanding anything contained in any other law for the time being in force and in section 19 of this act, the authority for advance rulings constituted under section 245o of the incometax act, 43 of shall be notified by the central government in the official gazette, with such modifications as many be necessary, to make its composition in conformity with section 19 of this act, as the authority under this act till such time an authority is constituted under that section. 2 on and from the date of the constitution of the authority in accordance with the provisions of section 19 of this act, the proceedings pending with the authority for advance rulings shall stand transferred to the authority constituted under that section from the stage at which such proceedings stood before the date of constitution of the said authority. 1. ins. by act 41 of , s. 3 w.e.f. .

section 25. of the central sales tax act : 1 225. transfer of pending proceedings.1 on and from the commencement of the central sales tax amendment act, 3 of , all appeals except appeals against orders of the highest appellate authority of the state pending before the authority notified under subsection 1 of section 24 shall stand transferred together with the records thereof to the highest appellate authority of the concerned state. 2 such highest appellate authority of the state to which such appeal has been transferred under subsection 1 on receipt of such records shall proceed to deal with such appeal so far as may be in the same manner as in the case of an appeal filed before such highest appellate authority of the state according to the general sales tax law of the appropriate state, from the stage which was reached before such transfer or from any earlier stage or de novo as such highest appellate authority of the state may deem fit: 3 1. ins. by act 41 of , s. 3 w.e.f. . 2. subs. by act 3 of , s. 7, for section 25 w.e.f. . 3. proviso to subsection 2 omitted by act 14 of , s. 82 w.e.f. .

section 26. of the central sales tax act : 126. applicability of order passed. an order passed by the authority under this chapter shall be binding on 2each state government concerned, the assessing authorities and other authorities created by or under any law relating to general sales tax, in force for the time being in any state 3. 1. subs. by act 3 of , s. 7, for section 25 w.e.f. . 2. subs. by act 23 of , s. 119, for the assessing authorities w.e.f. . 3. the words or union territory omitted by act 3 of , s. 8 w.e.f. .

section 4.. of the indian railway board act : 14.cessation of railway board on establishment of federal railway authority. rep. by the a.o. . 1. ins. by the a.o..

section 1. of the indian railway board act : 1 this act may be called the indian railway board act, and 2 it shall be read with, and taken as part of, the indian railways act, 9 of .

section 3. of the indian railway board act : any notice, determination, direction, requisition, appointment, expression of opinion, approval or sanction, to be given or signified on the part of the railway board. for any of the purposes of, or in relation to, any powers or functions with which it may be invested by notification under section 2, shall be sufficient and binding if in writing signed by the secretary to the railway board, or by any other person authorized by the said railway board to act in its behalf in respect of the matters to which such authorisation may relate and the said railway board shall not in any case be bound in respect of any of the matters aforesaid unless by some writing signed in manner aforesaid.

section 2. of the indian railway board act : the central government may, by notification1 in the official gazette, invest the railway board, either absolutely or subject to conditions, a with all or any of the powers or functions of the central government under the indian railways act, 9 of , with respect to all or any railways, and b with the power of the officer referred to in section 47 of the said act to make general rules for railways administered by the government. 1. for notifications see gazette of india, , pt. i, p. 232 , pt. i, p.927, and , pt. i, p.169.

section 7a. of the rajghat samadhi act : 17a. rules and byelaws to be laid before parliament.every rule and every byelaw made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or byelaw or both houses agree that the rule or byelaw should not be made, the rule or byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or byelaw. 1. ins. by s. 4, ibid. w.e.f. .

section 2. of the rajghat samadhi act : in this act, a committee means the rajghat samadhi committee constituted under this act b samadhi means the structure built in token of reverence for mahatama gandhi at rajghat on the western bank of the jamuna in delhi, and includes the premises described in the schedule with all buildings contained therein, together with all additions thereto or alterations thereof which may be made after the commencement of this act.

section 7. of the rajghat samadhi act : 1 the committee may 1by notification in the official gazette make byelaws consistent with this act and the rules made thereunder for all or any of the following purposes, namely: a the manner in which meetings of the committee shall be convened, the quorum for the transaction of any business thereat and the procedure at such meetings b the appointment of such persons as may be necessary to assist the committee in the efficient performance of its duties and the terms and conditions of service of such employees c the duties and powers of the employees of the committee d the submission of accounts, returns and reports to the committee by any of its employees. 2 all byelaws made under this section shall be subject to the condition of previous publication and shall not have effect until they are approved by the central government. 1. ins. by act 30 of , s. 3 w.e.f

section 1. of the rajghat samadhi act : show related subordinates 1 this act may be called the rajghat samadhi act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1. 7th june, , vide notification no. s.r.o. , dated 7th june, , see gazette of india, extraordinary, part ii, s. 3.

section 3. of the rajghat samadhi act : 1 the administration and control of the samadhi shall be vested in a committee constituted in the manner hereinafter provided. 2 the committee shall by the name of the rajghat samadhi committee, be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its chairman.

section 8. of the rajghat samadhi act : no act or proceeding of the committee shall be deemed to be invalid merely by reason of any vacancy in, or any defect in the constitution of, the committee.

section 5. of the rajghat samadhi act : subject to such rules as may be made under this act, the powers and duties of the committee shall be a to administer the affairs of the samadhi and to keep the samadhi in proper order and in a state of good repair b to organise and regulate periodical functions at the samadhi c to do such other things as may be incidental or conducive to the efficient administration of the affairs of the samadhi.

section 4. of the rajghat samadhi act : 1 the committee shall consist of the following members, namely: 1a the mayor of the municipal corporation of delhi, ex officio b three officials nominated by the central government 2c four nonofficials nominated by the central government d three members of parliament of whom shall be elected from among themselves by members of the house of the people and one from among themselves by members of the council of states. 2 the central government may appoint any person referred to in subsection 1 or any other person to be the chairman of the committee, and if any other person is so appointed, he shall be deemed to be a member of the committee within the meaning of subsection 1. 3 all persons nominated by the central government to be members of the committee shall hold office during the pleasure of the central government. 34 the term of office of a member elected under clause d of subsection 1 shall come to an end as soon as he ceases to be a member of the house from which he was elected. 45 it is hereby declared that the office of member of the committee shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 1. subs. by act 37 of , s. 2, for clause a w.e.f. . 2. subs. by s. 2, ibid., for clauses c and d w.e.f. . 3. ins. by s. 2, ibid. w.e.f. . 4. ins. by act 30 of , s. 2 w.e.f. .

section 6. of the rajghat samadhi act : the central government may, by notification in the official gazette, make rules to carry out the objects of this act, and to regulate access to the samadhi or to any portion thereof.

section 8. of the calcutta port pilotageact : expenditure in pilotage account. repealed by the port trust and ports amendment act, 35 of , s. 194 w.e.f. .

section 1. of the calcutta port pilotageact : 1 this act may be called the calcutta port pilotage act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. 16th may, , vide notificaiton no. 27m iii/47, dated 19th may, , see gazette of india, , part i.

section 7. of the calcutta port pilotageact : 17. pilot age fees and fines and penalties levied under the act.all fees for pilotage and all fines and penalties levied under this act from pilot or other persons employed in the pilot service, except fines and penalties imposed by a court, shall be accounted for and expended by the commissioners in accordance with the provisions of section 36 of the indian ports act, 15 of . 1. subs. by act 35 of , s. 193, for section 7, w.e.f. .

section 2. of the calcutta port pilotageact : in this act, unless there is anything repugnant in the subject or context, a appointed day means the date on which this act comes into force b commissioners means the commissioners for the part of calcutta incorporated under the calcutta port act, ben, act 3 of c hooghly area means the part, of the hooghly river extending from the port of calcutta to the sea to which section 31 of the indian ports act, 15 of , has been extended.

section 5. of the calcutta port pilotageact : 1 the commissioners may from time to time make rules a for fixing and regulating the salaries, wages and allowances for pilot age to be received by the pilots, and b for regulating the behaviour and conduct of pilots, and may enforce the observance of such rules by the imposition of pecuniary penalties not exceeding two hundred rupees for every breach thereof or by suspension or deprivation of appointment or otherwise, as to them may appear expedient: provided that any such order made by the commissioners shall, as respects any officer whose salary amounts to or exceeds one thousand rupees, be subject to the previous sanction of the central government. 2 no such rules shall take effect until they are approved by the central government and published in the official gazette.

section 9. of the calcutta port pilotageact : the commissioners shall have the power, with the previous sanction of the central government, to apply 1any sum out of the moneys credited to the general account towards meeting deficits, if any, in the pilotage account 2maintained under section 36 of the indian ports act, 15 of and to transfer the whole or 2part of the surplus funds, if any, in such pilot age account to the general account. 1. ins. by s. 195, ibid. 2. subs. by s. 195, ibid., for part of the surplus funds in the pilotage account.

section 3. of the calcutta port pilotageact : as from the appointed day it shall be the duty of the commissioners to maintain pilots for the safe navigation of vessels in the hooghly area and the commissioners shall be bound to maintain a sufficient number of pilots for the purpose as may be prescribed by the central government from time to time.

section 11. of the calcutta port pilotageact : amendment of the calcutta pilots act 12 of rep. by the repealing and amending act, act 35 of , s. 2 and the first schedule.

section 4. of the calcutta port pilotageact : no person shall be appointed to be a pilot by the commissioners who is not for the time being authorised by the central government under the provisions of the indian ports act, 15 of , to pilot vessels.

section 6. of the calcutta port pilotageact : as from the appointed day the commissioners shall be entitled to levy fees for the pilot age of vessels in the hooghly area at rates fixed under the indian ports act, 15 of .

section 10. of the calcutta port pilotageact : 110. application of certain provisions of bengal act 3 of .section 18, 19, 24b, 29 to 34 both inclusive, 47 to 54 both inclusive, 55, 57, 58 and 69 to 80a both inclusive of the calcutta port act, are hereby incorporated in this act subject to the following modifications, namely: a that the references in the said sections to the calcutta port act, ben. act 3 of shall be taken as references to this act b that in clause b of section 19, for the words the tolls, dues, rates, rents and charges, the words the pilotage fees shall be substituted c that the proviso to subsection 2 of section 30 shall be omitted d that in subsection 1 of section 34, the words the deputy chairman or to shall be omitted. e that subsection 2 of section 34 shall be omitted. 1. subs. by s. 196, ibid., for section 10.

section 8. of the prisoners attendance in courts act : save as otherwise provided in this act and any rules made thereunder, the provisions of the code of civil procedure, 5 of , and the code of criminal procedure, 5 of , as the case may be, shall, so far as may be, apply in relation to the examination on commission or otherwise of any person confined in a prison as they apply in relation to the examination on commission of any other person.

section 1. of the prisoners attendance in courts act : 1 this act may be called the prisoners attendance in courts act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st january, , vide notification no. s.r.o. , dated 8th november, , see gazette of india, extraordinary, part ii, sec. 3. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the prisoners attendance in courts act : in any of the following cases, that is to say, a where it appears to any civil court that the evidence of a person confined in a prison is material in any matter pending before it and that the attendance of such person in court cannot be secured by reason of the provisions of section 6 or of an order under section 4 or of the district judge declining under subsection 3 of section 3 to counter sign an order for removal or b where it appears to any civil court as aforesaid that the evidence of a person confined in a prison which is situated outside the state in which, or is more than fifty miles distant from the place at which, such court is held is material in any such matter, the court may, if it thinks fit, issue a commission under the provisions of the code of civil procedure, 5 of , for the examination of the person in the prison in which he is confined.

section 4. of the prisoners attendance in courts act : 1 the state government may, having regard to the matters specified in subsection 2, by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined, and thereupon so long as any such order remains in force, the provisions of section 3 shall not apply to such person or class of persons. 2 before making an order under subsection 1, the state government shall have regard to the following matters, namely: a the nature of the offence for which or the grounds on which the confinement has been ordered in respect of the person or class of persons b the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison c the public interest, generally.

section 9. of the prisoners attendance in courts act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the procedure for obtaining the countersignature of an order made under section 3 b the authority by whom and the manner in which a declaration that a person confined in prison is unfit to be removed therefrom, may be made c the conditions, including payment of costs and charges, subject to which an order made under section 3 by a civil court may be executed d the manner in which a process directed against any person confined in a prison issued from any court may be served upon him e the escort of persons confined in a prison to and from courts in which their attendance is required and for their custody during the period of such attendance f the amount to be allowed for the costs and charges of such escort and g the guidance of officers in all other matters connected with the enforcement of this act.

section 2. of the prisoners attendance in courts act : in this act, a confinement in a prisonreferences to confinement in a prison, by whatever form of words, include references to confinement or detention in a prison under any law providing for preventive detention b prison includes i any place which has been declared by the state government, by general or special order, to be a subsidiary jail and ii any reformatory, borstal institution or other institution of a like nature 1c state government, in relation to a union territory, means the administrator thereof. 1. subs. by adaptation of laws no. 3 order, , for clause c w.e.f. .

section 3. of the prisoners attendance in courts act : 1 any civil or criminal court may, if it thinks that the evidence of any person confined in any prison is material in any matter pending before it, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison: provided that no civil court shall make an order under this subsection in respect of a person confined in a prison situated outside the state in which the court is held. 2 any criminal court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in the form set forth in the second schedule, directed to the officer in charge of the prison. 3 no order made under this section by a civil court which is subordinate to a district judge shall have effect unless it is countersigned by the district judge and no order made under this section by a criminal court which is inferior to the court of a magistrate of the first class shall have effect unless it is countersigned by the district magistrate to whom that court is subordinate or within the local limits of whose jurisdiction that court is situate. 4 for the purposes of subsection 3, a court of small causes outside a presidency town or the city of hyderabad shall be deemed to be subordinate to the district judge within the local limits of whose jurisdiction such court is situate.

section 10. of the prisoners attendance in courts act : 1 part ix of the prisoners act, 3 of and the first and second schedules to the said act are hereby repealed. 2 if immediately before the commencement of this act, there is in force in any part b state to which this act extends any law corresponding to the provisions of this act, that law shall, in so far as it relates to matters dealt within this act, stand repealed on such commencement: provided that anything done or any action taken under any such law, shall be deemed to have been done or taken under the corresponding provisions of this act and shall continue to have effect accordingly, unless and until superseded by anything done or any action taken under this act.

section 5. of the prisoners attendance in courts act : upon delivery of any order made under section 3 to the officer in charge of the prison in which the person named therein is confined, that officer shall cause him to be taken to the court in which his attendance is required, so as to be present in the court at the time of such order mentioned, and shall cause him to be detained in custody in or near the court until he has been examined or until the judge or presiding officer of the court authorises him to be taken back to the prison in which he was confined.

section 6. of the prisoners attendance in courts act : where the person in respect of whom an order is made under section 3 a is, in accordance with the rules made in this behalf, declared to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity or b is under committal for trial or c is under remand pending trial or pending a preliminary investigation or d is in custody for a period which would expire before the expiration of the time required for removing him under this act and for taking him back to the prison in which he is confined, the officer in charge of the prison shall abstain from carrying out the order and shall send to the court from which the order had been issued a statement of reasons for so abstaining: provided that such officer as aforesaid shall not so obstain where i the order has been made by a criminal court and ii the person named in the order is confined under committal for trial or under remand pending trial or pending a preliminary investigation and is not declared in accordance with the rules made in this behalf to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity and iii the place, where the evidence of the person named in the order is required, is not more than five miles distant from the prison in which he is confined.

section 8. of the acquired territories merger act : 1 as from the appointed day, any act passed by the legislature of the state of assam or punjab or west bengal before that day for the appropriation of any moneys out of the consolidated fund of that state to meet any expenditure in respect of any part of the financial year , shall have effect also in relation to the acquired territories included in that state and it shall be lawful for the state government concerned to spend any amount in respect of those territories out of the amount authorised by such act to be expenditure for any service in that state. 2 the governor of the state concerned may, after the appointed day, authorise such expenditure from the consolidated fund of that state as he deems necessary for any purpose or service in the acquired territories included in that state for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the legislature of that state.

section 7. of the acquired territories merger act : 1 all property and assets within the acquired territories which immediately before the appointed day, are vested in pakistan or in the province of east pakistan or the province of west pakistan shall, as from that day, a where such property and assets are relatable to union purposes, vest in the union b in any other case, vest in the state concerned in which the acquired territories are included. 2 a certificate of the central government signed by a secretary to that government shall be conclusive as to whether the purposes for which any property or assets are held, immediately before the appointed day, are union purposes.

section 1. of the acquired territories merger act : this act may be called the acquired territories merger act, .

section 3. of the acquired territories merger act : 1 as from the appointed day, the acquired territories referred to in part i, part ii and part iii of the first schedule shall, respectively be included in, and form part of the states of assam, punjab and west bengal. 2 as from the appointed day, the state government concerned shall, by order in the official gazette, provide for the administration of the acquired territories included in that state by including them or any part of them in such district, subdivision, police station or other administrative unit as may be specified in the order.

section 9. of the acquired territories merger act : all laws in force in the acquired territories immediately before the appointed day shall, as from that day, cease to be in force in those territories and all laws in force generally in the state concerned in which the acquired territories are included shall, as from that day, extend to, or as the case may be, come into force in, those territories: provided that anything done or any action taken before the appointed day under any law in force in the acquired territories shall be deemed to have been done or taken, as from the appointed day, under the corresponding law extended to, and in force, in those territories.

section 5. of the acquired territories merger act : as from the appointed day, a any reference in the delimitation of parliamentary and assembly constituencies order, , i to the state of assam or punjab or west bengal, shall be construed as including that part of the acquired territory which is included in that state ii to any district, subdivision, police station or other administrative unit, shall be construed as including that part of the acquired territory, if any, which is included in that district, subdivision, police station or other administrative unit, by order made under subsection 2 of section 3 b any reference in the delimitation of council constituencies punjab order, i to the state of punjab, shall be construed as including that part of the acquired territory which is included in that state ii to any district, shall be construed as including that part of the acquired territory, if any, which is included in that district, by order made under subsection 2 of section 3 c any reference in the delimitation of council constituencies west bengal order, i to the state of west bengal, shall be construed as including that part of the acquired territory which is included in that state ii to any division or district, shall be construed as including the acquired territory, if any, which is included in that division or district, by order made under subsection 2 of section 3.

section 6. of the acquired territories merger act : 1 every sitting member of the house of the people representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to that house by that constituency as so altered. 2 every sitting member of the legislative assembly of the state of assam or punjab or west bengal representing any assembly constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to the said legislative assembly by that constituency as so altered. 3 every sitting member of the legislative council of punjab or west bengal representing any council constituency the extent of which has been altered by virtue of the provisions of this act, shall, notwithstanding such alteration, be deemed to have been elected as from the appointed day to the said legislative council by that constituency as so altered.

section 11. of the acquired territories merger act : 1 if any difficulty arises in relation to the transition from any corresponding law to any law which by virtue of section 9 shall, as from the appointed day, extend to, or come into force in, the acquired territories, the central government may, by order notified in the official gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty. 2 if any difficulty arises in giving effect to the provisions of this act otherwise than in relation to the transition from any corresponding law or in connection with the administration of the acquired territories as a part of the state in which they are included, the state government concerned may, by order in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty. 3 no power under subsection 1 or subsection 2 shall be exercised by the central government or, as the case may be, the state government after the expiry of three years from the appointed day. 4 any order made under subsection 1 or subsection 2 may be so made as to be retrospective to any date not earlier than the appointed day.

section 2. of the acquired territories merger act : in this act, unless the context otherwise requires, a acquired territories mean so much of the territories comprised in the indopakistan agreements and referred to in the first schedule as are demarcated for the purpose of being acquired by india in pursuance of the said agreements b appointed day means such date1 as the central government may, by notification in the official gazette, appoint for the merger of the acquired territories under section 3, after causing the territories to be so acquired demarcated for the purpose, and different dates may be appointed for the merger of such territories into different states c assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of d indopakistan agreements mean the agreements dated the 10th day of september, , the 23rd day of october, and the 11th day of january, entered into between the governments of india and pakistan, the relevant extracts of which are set out in the second schedule e law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the acquired territory f sitting member, in relation to either house of parliament or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house g state concerned, in relation to the acquired territories referred to in part i, part ii and part iii of the first schedule, means, respectively, the state of assam, the state of punjab and the state of west bengal and state government concerned shall be construed accordingly h union purposes mean the purposes of government relatable to any of the matters mentioned in list i of the seventh schedule to the constitution. 1. 17th january, , vide notification no. g.s.r. 74, dated 14th january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 10. of the acquired territories merger act : the state government concerned, as respects the acquired territories included in that state, may, by notification in the official gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions, exercisable under any law in force on that day in those territories, as may be mentioned in that notification and such law shall have effect accordingly.

section 7. of the prevention of damage to public property act : 1 the prevention of damage to public property ordinance, ord. 3 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the prevention of damage to public property act : 1 this act may be called the prevention of damage to public property act, . 2 it extends to the whole of india 1. 3 it shall be deemed to have come into force on the 28th day of january, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the prevention of damage to public property act : in this act, unless the context otherwise requires, a mischief shall have the same meaning as in section 425 of the indian penal code 45 of b public property means any property, whether immovable or movable including any machinery which is owned by, or in the possession of, or under the control of i the central government or ii any state government or iii any local authority or iv any corporation established by, or under, a central, provincial or state act or v any company as defined in section 617 of the companies act, 1 of or vi any institution, concern or undertaking which the central government may, by notification in the official gazette, specify in this behalf: provided that the central government shall not specify any institution, concern or undertaking under this subclause unless such institution, concern or undertaking is financed wholly or substantially by funds provided directly or indirectly by the central government or by one or more state governments, or partly by the central government and partly by one or more state governments.

section 6. of the prevention of damage to public property act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force, and nothing contained in this act shall exempt any person from any proceeding whether by way of investigation or otherwise which might apart from this act, be instituted or taken against him.

section 4. of the prevention of damage to public property act : whoever commits an offence under subsection 1 or subsection 2 of section 3 by fire or explosive substance shall be punished with rigrous imprisonment for a term which shall not be less than one year, but which may extend to ten years and with fine: provided that the court may, for special reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than one year.

section 3. of the prevention of damage to public property act : 1 whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in subsection 2, shall be punished with imprisonment for a term which may extend to five years and with fine. 2 whoever commits mischief by doing any act in respect of any public property being a any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy b any oil installations c any sewage works d any mine or factory e any means of public transportation or of telecommunications, or any building, installation or other property used in connection therewith, shall be punished with rigorous imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine: provided that the court may, for reasons to be recorded in its judgment, award a sentence of imprisonment for a term of less than six months.

section 5. of the prevention of damage to public property act : no person accused or convicted of an offence punishable under section 3 or section 4 shall, if in custody, be released on bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release.

section 4. of the destructive insects and pests amendment and validation act . : 1 the destructive insects and pests amendment and validation ordinance, ord. 4 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act.

The Destructive Insects and Pests (Amendment and Validation) Act, 1992.

section 3. of the destructive insects and pests amendment and validation act . : 1 notwithstanding any judgment, decree or order of any court, tribunal or other authority, i the notification no.s.o.867e, dated the 27th october, issued under subsection 1 of the section 3 of the principal act, and ii any fees levied or collected or purported to have been levied or collected for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles or any insect or class of insects under the principal act or the said notification, shall, for all purposes, be deemed to be and to have always been validly issued or, as the case may be, levied or collected in accordance with the provisions of section 3 of the principal act as amended by this act, and accordingly a no suit or other proceeding shall be maintained or continued in any court for the refund of any fees so collected b no court or other authority shall enforce any decree or order directing the refund of any fees so collected c any fees levied or purported to have been levied but not collected, may be recovered under the principal act as amended by this act and d anything done or any action taken or purported to have been done or taken under or for the purposes of the principal act shall be deemed to have been validly done or taken in accordance with law as if the provisions of section 3 of the principal act, as amended by this act, had been in force at all material times. 2 for the removal of doubts, it is hereby declared that nothing in subsection 1 shall be construed as preventing any person a from questioning in accordance with the provisions of the principal act, as amended by this act, or the notification issued under section 3 of the principal act, the levy or collection of such fees or b from claiming refund of any fees paid by him in excess of the amount due from him under the principal act, as amended by this act, or the said notification.

section 2. of the destructive insects and pests amendment and validation act . : amendment of section 3 of act 2 of .rep. by the repealing and amending act, 30 of , s. 2 and sch. w.e.f. .

section 1. of the destructive insects and pests amendment and validation act . : 1 this act may be called the destructive insects and pests amendment and validation act, . 2 it shall be deemed to have come into force on the 27th day of october, .

section 8. of the technology development board act : the central government may, after due appropriation made by parliament by law, in this behalf, make to the board grants and loans of such sums of money as that government may consider necessary.

section 1. of the technology development board act : show related subordinates 1 this act may be called the technology development board act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st november, ,vide notification no. s.o. 602e, dated 29th august, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the technology development board act : show related subordinates in this act, unless the context otherwise requires, a board means the technology development board constituted under subsection 1 of section 3 b chairperson means the chairperson of the board c fund means the fund for technology development and application constituted under subsection 1 of section 9 d member means a member of the board and includes the chairperson e prescribed means prescribed by rules made under this act f secretary means the secretary of the board appointed under subsection 1 of section 4 g words and expressions used herein and not defined but defined in the research and development cess act, 32 of , shall have the meanings respectively assigned to them in that act.

section 7. of the technology development board act : 1 an application for grant of financial assistance for the purposes mentioned under section 6 shall be made to the board in such form as may be prescribed. 2 the board may, after examining the application and after making such enquiries as it deems necessary by order in writing, either grant the financial assistance or refuse to grant the same: provided that no refusal of grant shall be made unless an opportunity is given to the applicant of being heard.

section 3. of the technology development board act : 1 the central government shall, by notification in the official gazette, constitute, for the purposes of this act, a board to be called the technology development board. 2 the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to contract and shall, by the said name, sue and be sued. 3 the board shall consist of the following members, namely: a the secretary to the government of india incharge of the ministry or department of the central government dealing with science and technology ex officio chairperson b the secretary to the government of india incharge of the ministry or department of the central government dealing with scientific and industrial research ex officio c the secretary to the government of india incharge of the ministry or department of the central government dealing with finance expenditure ex officio d the secretary to the government of india incharge of the ministry or department of the central government dealing with defence research and development ex officio e the secretary to the government of india incharge of the ministry or department of the central government dealing with industrial development ex officio f the secretary to the government of india incharge of the ministry or department of the central government dealing with rural development ex officio g such number of persons, not exceeding four as may be prescribed, to be appointed by the central government from amongst persons having experience in technology development and application, banking and finance, industry, agriculture and rural development and h secretary of the board. ex officio. 4 the term of office and other conditions of service of members specified in clause g of subsection 3 shall be such as may be prescribed. 5 the chairperson shall, in addition to presiding over the meetings of the board, exercise and discharge such powers and duties of the board as may be delegated to him by the board and such other powers and duties as may be prescribed. 6 no act or proceeding of the board shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the board b any defect in the appointment of a person acting as a member of the board c any irregularity in the procedure of the board not affecting the merits of the case.

section 9. of the technology development board act : 1 there shall be constituted a fund to be called the fund for technology development and application and there shall be credited to the fund a any grants and loans made to the board by the central government under section 8 b all sums received by the board from any other source c recoveries made of the amounts granted from the fund and d any income from investment of the amount of the fund. 2 the fund shall be applied for meeting a expenses on the objects and for the purposes authorised by this act b salaries, allowances and other expenses of officers and other employees of the board and c expenses of the board in the discharge of its functions under this act.

section 5. of the technology development board act : 1 subject to the rules made in this behalf, the board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the board shall have the power to coopt as members of any committee appointed under subsection 1, such number of persons who are not members of the board as it may think fit, and the person so coopted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee, but shall not have the right to vote.

section 10. of the technology development board act : on and from the commencement of this act, a the moneys standing at the credit of the venture capital fund formed under section 5 of the research and development cess act, 32 of which is part of the development assistance fund established by the development bank under section 14 of the industrial development bank of india act, 18 of shall stand transferred to and vest in the board b all sums of money due to the development bank immediately before such commencement shall be deemed to be due to the board c all debts, obligations and liabilities incurred, all contracts or agreements entered into and all matters and things engaged to be done by, with or for the development bank immediately before such commencement for or in connection with the purpose of the venture capital fundshall be deemed to have been incurred, entered into or engaged to be done by, with or for the board and d all suits and other legal proceedings instituted or which could have been instituted by or against the development bank immediately before such commencement may be continued or instituted by or against the board.

section 6. of the technology development board act : the board may a provide equity capital, subject to such conditions as may be determind by regulations, or any other financial assistance to industrial concerns and other agencies attempting commercial application of indigenous technology or adapting imported technology to wider domestic applications b provide financial assistance to such research and development institutions engaged in developing indigenous technology or adaptation of imported technology for commercial application, as may be recognised by the central government c perform such other functions as may be entrusted to it by the central government.

section 4. of the technology development board act : 1 the board may appoint the secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of service of the secretary and other officers and employees of the board shall be such as may be determined by regulations.

section 11. of the technology development board act : the board shall prepare, in such form and at such time in each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the central government.

section 18. of the technology development board act : the board may, by general or special order in writing, delegate to the chairperson or any other member or to any officer of the board,subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act except the power under section 22 as it may deem necessary.

section 12. of the technology development board act : the board shall prepare, in such form and at such time in each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government.

section 13. of the technology development board act : 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the comptroller and auditorgeneral of india or any other person appointed by him in connection with the auditing of the accounts of the board under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the auditing of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board under this act. 3 the accounts of the board shall be audited by the comptroller and auditorgeneral of india annually and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 4 the board shall furnish to the central government before such date as may be prescribed its audited copy of accounts together with auditors report.

section 14. of the technology development board act : the central government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before each house of parliament.

section 19. of the technology development board act : all members, officers and another employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 15. of the technology development board act : 1 an industrial concern or an institution receiving financial assistance from the board shall furnish returns to the board in such form and at such time as may be determined by regulations. 2 the board may authorise an officer to visit any industrial concern or institution referred to in subsection 1 at any time to verify the accuracy of any return made under this section.

section 16. of the technology development board act : 1 without prejudice to the foregoing provisions of this act, the board shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of the policy or not shall be final.

section 17. of the technology development board act : 1 if at any time the central government is of opinion a that on account of grave emergency, the board is unable to discharge the functions and the duties imposed on it by or under the provisions of this act or b that the board has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, be notification in the official gazette, supersede the board for such period, not exceeding six months, as may be specified in the notification. 2 upon the publication of a notification under subsection 1 superseding the board, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the board shall, until the board is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct and c all property owned or controlled by the board shall, until the board is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may reconstitute the board by a fresh appointment and in such case any person or persons who vacated their offices under clause a of subsection 2, shall not be deemed to be disqualified for appointment: provided that the central government may, at any time, before the expiration of the period of supersession, take action under this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 22. of the technology development board act : 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the terms and conditions of service of the secretary and other officers and employees of the board under subsection 2 of section 4 b the conditions subject to which equity capital may be provided by the board under clause a of section 6 c the form in which and the time at which the returns may be furnished to the board under subsection 1 of section 15.

section 21. of the technology development board act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely: a the number of members of the board under clause g of subsection 3 of section 3 b the term of office and other conditions of service of the members of the board under subsection 4 of section 3 c the powers and duties of the chairperson under subsection 5 of section 3 d the constitution of committees under subsection 1 of section 5 e theform of application under subsection 1 of section 7 f the form in which, and the time at which, the board shall prepare its budget under section 11 and its annual report under section 12 g the form of annual statement of accounts under subsection 1 of section 13 and the date before which the audited copy of the accounts may be furnished to the central government under subsection 4 of that section h any other matter which is to be, or may be, prescribed or in respect of which provisions is to be, or may be, made by rules.

section 20. of the technology development board act : no prosecution or other legal proceeding shall lie against the government, or the board or any committee appointed by it, or any member of the board or such committee, or any officer or employee of the government or the board or any other person authorised by the government or the board, for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 23. of the technology development board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the asiatic society act : show related subordinates 1 for the purpose of advising it with respect to the planning and implementation of the developmental programmes of the society and other matters concerning the society, the central government may, by notification in the official gazette, establish a board to be called the planning board asiatic society. 2 the board shall consist of a chairman and such other members as may be appointed by the central government. 3 subject to any rules which the central government may make in this behalf, the board shall have the power to regulate its own procedure. 4 the term of office of, the procedure to be followed in the discharge of their functions by, the manner of filling casual vacancies among, the allowances, if any, payable to, and other matters concerning, the members of the board shall be such as may be prescribed.

section 1. of the asiatic society act : show related subordinates 1 this act may be called the asiatic society act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 25th june, , vide notification no. g.s.r. 470e, dated 25th june, , see gazette of india, extraordinary, part ii, sec. i.

section 7. of the asiatic society act : show related subordinates the society shall not, except with the previous approval of the central government, a alter, extend or abridge any of the purposes for which it has been established or for which it is being used immediately before the commencement of this act, or amalgamate itself either wholly or partially with any other institution or society or b alter or amend in any manner the memorandum or regulations or c sell or otherwise dispose of any property acquired by the society with money specifically provided for such acquisition by the central government: provided that no such approval shall be necessary in the case of any such movable property or class of movable property as may be specified by the central government in this behalf by general or special order or d be dissolved.

section 3. of the asiatic society act : show related subordinates in this act, unless the context otherwise requires, a memorandum means the memorandum of association of the society b prescribed means prescribed by rules made under this act c regulations includes any rule or regulation by whatever name called which the society is competent to make in the exercise of the powers conferred on it under the west bengal societies registration act, west bengal act xxvi,, but shall not include any byelaws or standing orders made under the regulations for the conduct of its daytoday administration d society means the asiatic society being a society within the meaning of the west bengal societies registration act, west bengal act xxvi, , and having its registered office in calcutta.

section 2. of the asiatic society act : show related subordinates whereas the late william jones founded on the 15th day of january, , an institution in calcutta which is now known as the asiatic society and the objects of which are such as to make the institution one of national importance, it is hereby declared that the said asiatic society is an institution of national importance.

section 9. of the asiatic society act : show related subordinates 1 the central government may, by notifications in the official gazette, constitute as many committees, as and when it considers it necessary, consisting of such number of persons as it thinks fit to appoint thereto and assign to each such committee all or any of the following duties, namely: a the preparation and submission to the central government, as far as possible before the commencement of each financial year, of statements showing programmes of work agreed to be undertaken by the society during that year for which the central government may provide funds as well as general financial estimates in respect of such work b the settlement on broad line of the programmes of such work. 2 a committee constituted under subsection 1 shall, in discharging its duties with respect to any matter under this section, have due regard to the advice, if any, tendered in respect of such matter under section 8 by the board to the central government. 3 where the society does not agree to undertake any work suggested by any committee referred to in subsection 1, it shall give to the central government its reasons for not so agreeing. 4 the procedure to be followed by a committee constituted under subsection 1 in the discharge of its functions, the allowances, if any, payable to the members of such committee and other matters relating to such committee shall be such as may be prescribed.

section 6. of the asiatic society act : show related subordinates the society shall furnish to the central government, at such time each year as may be directed, its annual report giving full account of its activities, policies and programmes during the previous year and that government shall cause the same to be laid before each house of parliament.

section 5. of the asiatic society act : show related subordinates 1 the society shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be approved by the comptroller and auditorgeneral of india. 2 the accounts of the society shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the society to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the society shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the society. 4 the accounts of the society as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf together with the audit report thereof shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 10. of the asiatic society act : show related subordinates 1 the central government may, by notification in the official gazette, constitute a committee consisting of such number of persons as it thinks fit to appoint thereto for the purpose of a reviewing the work done by the society and the progress made by it b inspecting its buildings, equipment and other assets c evaluating the work done by the society and d advising government generally on any matter which in the opinion of the central government is of importance in connection with the work of the society and the committee shall submit its report thereon in such manner as the central government may direct. 2 the procedure to be followed by, the allowances, if any, payable to, the members of the committee and other matters concerning the committee shall be such as may be prescribed. 3 the committee shall, subject to the provisions of subsection 4 and of any rules which the central government may make in this behalf, have power to regulate its own procedure. 4 notice shall be given in every case to the society of the intention to cause a review, inspection or evaluation to be made, and the society shall be entitled to appoint a representative who shall have the right to be present and be heard at such review, inspection or evaluation. 5 the central government may address the president of the society with reference to the result of such review, inspection or evaluation as disclosed in any report of the committee referred to in subsection 1, and the president shall communicate to the central government the action, if any, taken thereon. 6 when the central government has in pursuance of subsection 5, addressed the president of the society in connection with any matter, and the president does not within a reasonable time take action to the satisfaction of the central government in respect thereof, the central government may, after considering any explanations furnished or representations made on behalf of the society, issue such directions as it considers necessary in respect of any of the matters dealt with in the report.

section 4., by central government to society. of the asiatic society act : show related subordinates for the purpose of enabling the society to discharge efficiently its functions, including in particular those relating to research, literary, library, scientific and museological activities, collection of manuscripts, coins and art objects, and the publication of periodicals, books and other literature, the central government may, after due appropriation made by parliament by law in this behalf, pay to the society in each financial year such sums of money as that government considers necessary by way of grants, loans or otherwise.

section 15. of the asiatic society act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i matters with respect to the procedure to be followed by the board under subsection 3 of section 8 ii the term of office of, the procedure to be followed in the discharge of their functions by, the manner of filling casual vacancies among, the allowances, if any, payable to, and other matters concerning, the members of the board under subsection 4 of section 8 iii the procedure to be followed by a committee in the discharge of its functions, the allowances, if any, payable to the members of the committee and other matters relating to the committee under subsection 4 of section 9 iv the procedure to be followed by, the allowances, if any, payable to, the members of the committee and other matters concerning the committee under subsection 2 of section 10 v any other matter which is required to be or in respect of which rules may be made under this act. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 11. of the asiatic society act : show related subordinates the society shall be bound to afford all necessary facilities to the board constituted under section 8 and to every committee constituted under section 9 or section 10 for the purpose of enabling them to carry out their duties.

section 12. of the asiatic society act : show related subordinates 1 the central government may, if it is satisfied that it is necessary so to do in the public interest issue, for reasons to be recorded and communicated to the society, such directions as it thinks to the society, and such directions may include directions requiring the society a to amend the memorandum or to make or amend any regulation within such period as may be specified in the directions b to give priorities to the work undertaken or to be undertaken by the society in such manner as the central government may think fit to specify in this behalf. 2 any directions issued under this section shall have effect, notwithstanding anything contained in any law for the time being in force or in the memorandum or regulations of the society.

section 14. of the asiatic society act : show related subordinates the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the memorandum or regulations or the west bengal societies registration act, west bengal act xxvi, or any other law for the time being in force.

section 13. of the asiatic society act : show related subordinates 1 if, in the opinion of the central government, i the society without just or reasonable cause has made default in giving effect to any direction issued under subsection 6 of section 10 or section 12 or ii the council of the society has exceeded or abused the powers in relation to the society or any part thereof the central government may, by written order, direct the society within a period to be specified in the order to show cause to the satisfaction of the central government against the making of any appointment referred to in subsection 2. 2 if, within the period fixed by any order issued under subsection 1, cause is not shown to the satisfaction of the central government, the central government may, by order published in the official gazette and stating the reasons therefor, appoint one or more persons to take over the management of the society or of any of the activities of the society for such period not exceeding two years as may be specified in the order. 3 during the period specified in the order issued under subsection 2, a where the order provides for any person or persons taking over the management of the society i all persons holding office as members of the council, including the president, shall be deemed to have vacated their offices as such ii the person or persons appointed under subsection 2 to take over the management of the society shall exercise all the powers and perform all the duties of the president or council of the society, whether at a meeting or otherwise, in respect of the society b where the order provides for any person or persons taking over the management of any activities of the society, the person or persons so appointed shall alone be entitled to exercise all the powers and perform all the duties of the president or council in relation to those activities.

section 8. of the all india council for technical education act : 1 for the purpose of enabling it efficiently to discharge its functions under this act, the council shall, subject to such regulations as may be made in this behalf, appoint whether on deputation or otherwise such number of officers and other employees as it may consider necessary: provided that the appointment of such category of officers, as may be specified in such regulations, shall be subject to the approval of the central government. 2 every officer or other employee appointed by the council shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

section 1. of the all india council for technical education act : show related subordinates 1 this act may be called the all india council for technical education act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 28th march, , vide notification no. s.o. 317 e, dated 28th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the all india council for technical education act : show related subordinates in this act, unless the context otherwise requires, a commission means the university grants commission established under section 4 of the university grants commission act, 3 of b council means the all india council for technical education established under section 3 c fund means the fund of the council constituted under section 16 d member means a member of the council and includes the chairman and vicechairman e prescribed means prescribed by rules made under this act f regulations means regulations made under this act g technical education means programmes of education, research and training in engineering technology, architecture, town planning, management, pharmacy and applied arts and crafts and such other programme or areas as the central government may, in consultation with the council, by notification in the official gazette, declare h technical institution means an institution, not being a university, which offers courses or programmes of technical education, and shall include such other institutions as the central government may, in consultation with the council, by notification in the official gazette, declare as technical institutions i university means a university defined under clause f of section 2 of the university grants commission act, 3 of and includes an institution deemed to be a university under section 3 of that act.

section 7. of the all india council for technical education act : 1 the council may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this act. 2 a person associated with it by the council under subsection 1 for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the council, and shall not be a member for any other purpose.

section 4. of the all india council for technical education act : 1 the term of office of a member, other than an ex officio member, on the first constitution of the council shall be five years and thereafter three years. 2 if a casual vacancy occurs in the office of the chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the vicechairman holding office as such for the time being shall act as the chairman and shall, unless any other person is appointed earlier as the chairman, hold office of the chairman for the remainder of the term of office of the person in whose place he is to so act. 3 if a casual vacancy occurs in the office of the vicechairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the central government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed. 4 the vicechairman shall perform such functions as may be assigned to him by the chairman from time to time. 5 the procedure to be followed by the members in the discharge of their functions shall be such as may be prescribed.

section 9. of the all india council for technical education act : all orders and decisions of the council shall be authenticated by the signature of the chairman or any other member authorised by the council in this behalf, and all other instruments issued by the council shall be authenticated by the signature of the membersecretary or any other officer of the council authorised in like manner in this behalf.

section 3. of the all india council for technical education act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a council by the name of the all india council for technical education. 2 the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to contract and shall by the said name sue and be sued. 3 the head office of the council shall be at delhi and the council may, with the previous approval of the central government, establish offices at other places in india. 4 the council shall consist of the following members, namely: a a chairman to be appointed by the central government b a vicechairman to be appointed by the central government c the secretary to the government of india in the ministry of the central government dealing with education, ex officio d the educational adviser general to the government of india, ex officio e the chairmen of the four regional committees, ex officio f the chairmen of, i the all india board of vocational education, ex officio ii the all india board of technician education, ex officio iii the all india board of undergraduate studies in engineering and technology, ex officio iv the all india board of postgraduate education and research in engineering and technology, ex officio v the all india board of management studies, ex officio g one member to be appointed by the central government to represent the ministry of finance of the central government h one member to be appointed by the central government to represent the ministry of science and technology of the central government i four members to be appointed by the central government by rotation to represent the ministries and the departments of the central government, other than those specified in clauses g and h j two members of parliament of whom one shall be elected by the house of the people and one by the council of states k eight members to be appointed by the central government by rotation in the alphabetical order to represent the states and the union territories: provided that an appointment under this clause shall be made on the recommendation of the government of the state, or as the case may be, the union territory concerned l four members to be appointed by the central government to represent the organisations in the field of industry and commerce m seven members to be appointed by the central government to represent, i the central advisory board of education ii the association of indian universities iii the indian society for technical education iv the council of the indian institutes of technology v the pharmacy council of india vi the council of architecture vii the national productivity council n four members to be appointed by the central government to represent the professional bodies in the field of technical and management education o not more than two members to be appointed by the central government to represent such interests not covered by the foregoing clauses as the central government may deem fit p the chairman, university grants commission, ex officio q the director, institute of applied manpower research, new delhi, ex officio r the directorgeneral, indian council of agricultural research, ex officio s the directorgeneral, council of scientific and industrial research, ex officio t membersecretary to be appointed by the central government. 5 notwithstanding anything contained in subsection 4, a the first chairman shall be the minister of human resource development of the central government b the first vicechairman of the council shall be the minister of state for education of the central government c the first membersecretary of the council shall be the educational adviser technical of the central government.

section 5. of the all india council for technical education act : 1 the council shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings as may be provided by regulations: provided that the council shall meet at least once every year. 2 the chairman and in his absence the vicechairman shall preside at the meetings of the council. 3 if for any reason the chairman or the vicechairman is unable to attend any meeting of the council, any other member chosen by the members present at the meeting shall preside at the meeting. 4 all questions which come up before any meeting of the council shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have and exercise a second or casting vote.

section 6., not to invalidate proceedings of the council. of the all india council for technical education act : no act or proceeding of the council shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the council or b any defect in the appointment of a person acting as a member of the council or c any irregularity in the procedure of the council not affecting the merits of the case.

section 10. of the all india council for technical education act : show related subordinates it shall be the duty of the council to take all such steps as it may think fit for ensuring coordinated and integrated development of technical education and maintenance of standards and for the purposes of performing its functions under this act, the council may a undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed growth and development in technical education b coordinate the development of technical education in the country at all levels c allocate and disburse out of the fund of the council such grants on such terms and conditions as it may think fit to i technical institutions, and ii universities imparting technical education in coordination with the commission d promote innovations research and development in established and new technologies, generation, adoption and adaptation of new technologies to meet developmental requirements and for overall improvement of educational processes e formulate schemes for promoting technical education for women, handicapped and weaker sections of the society f promote an effective link between technical education system and other relevant systems including research and development organisations, industry and the community g evolve suitable performance appraisal systems for technical institutions and universities imparting technical education, incorporating norms and mechanisms for enforcing accountability h formulate schemes for the initial and inservice training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers i lay down norms and standards for courses, curricula, physical and instructional facilities, staff pattern, staff qualifications, quality instructions, assessment and examinations j fix norms and guidelines for charging tuition and other fees k grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned l advise the central government in respect of grant of charter to any professional body or institution in the field of technical education conferring powers, rights and privileges on it for the promotion of such profession in its field including conduct of examinations and awarding of membership certificates m lay down norms for granting autonomy to technical institutions n take all necessary steps to prevent commercialisation of technical education o provide guidelines for admission of students to technical institutions and universities imparting technical education p inspect or cause to inspect any technical institution q withhold or discontinue grants in respect of courses, programmes to such technical institutions which fail to comply with the directions given by the council within the stipulated period of time and take such other steps as may be necessary for ensuring compliance of the directions of the council r take steps to strengthen the existing organisations, and to set up new organisations to ensure effective discharge of the councils responsibilities and to create positions of professional, technical and supporting staff based on requirements s declare technical institutions at various levels and types offering courses in technical education fit to receive grants t advise the commission for declaring any institution imparting technical education as a deemed university u set up a national board of accreditation to periodically conduct evaluation of technical institutions or programmes on the basis of guidelines, norms and standards specified by it and to make recommendation to it, or to the council, or to the commission or to other bodies, regarding recognition or derecognition of the institution or the programme v perform such other functions as may be prescribed.

section 17. of the all india council for technical education act : the council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 11. of the all india council for technical education act : show related subordinates 1 for the purposes of ascertaining the financial needs of technical institution or a university or its standards of teaching, examination and research, the council may cause an inspection of any department or departments of such technical institution or university to be made in such manner as may be prescribed and by such person or persons as it may direct. 2 the council shall communicate to the technical institution or university the date on which any inspection under subsection 1 is to be made and the technical institution or university shall be entitled to be associated with the inspection in such manner as may be prescribed. 3 the council shall communicate to the technical institution or the university, its views in regard to the results of any such inspection and may, after ascertaining the opinion of that technical institution or university, recommend to that institution or university the action to be taken as a result of such inspection. 4 all communications to a technical institution or university under this section shall be made to the executive authority thereof and the executive authority of the technical institution or university shall report to the council the action, if any, which is proposed to be taken for the purposes of implementing any such recommendation as is referred to in subsection 3.

section 12. of the all india council for technical education act : 1 the council shall constitute a committee, called the executive committee for discharging such functions as may be assigned to it by the council. 2 the executive committee shall consist of the following members, namely. a the chairman of the council b the vicechairman of the council c secretary to the government of india in the ministry of the central government dealing with education, ex officio d two chairmen of the regional committees e three chairmen of the boards of studies f a member of the council representing the ministry of finance of the central government, ex officio g four out of eight members of the council representing the states and union territories under clause k of subsection 4 of section 3 h four members with expertise and distinction in areas relevant to technical education to be nominated by the chairman of the council i the chairman of the university grants commission, ex officio j the director, institute of applied manpower research, new delhi, ex officio k the director general, indian council of agricultural research, ex officio l the membersecretary of the council. 3 the chairman and the membersecretary of the council shall, respectively, function as the chairman and the membersecretary of the executive committee. 4 the chairman or in his absence, the vicechairman of the council shall preside at the meetings of the executive committee and in the absence of both the chairman and the vicechairman, any other member chosen by the members present at the meeting shall preside at the meeting. 5 the executive committee shall meet at such time and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings as the council may provide by regulations.

section 13. of the all india council for technical education act : 1 the council shall establish the following boards of studies, namely: i all india board of vocational education ii all india board of technician education iii all india board of undergraduate studies in engineering and technology iv all india board of postgraduate education and research in engineering and technology v all india board of management studies. 2 the council may, if it considers necessary, establish such other boards of studies as it may think fit. 3 every board of studies shall advise the executive committee on academic matters falling in its area of concern including norms, standards, model curricula, model facilities and structure of courses. 4 the area of concern, powers, the constitution and functions of the boards of studies shall be such as the council may provide by regulations.

section 14. of the all india council for technical education act : show related subordinates 1 the council shall establish the following regional committees, namely: i the northern regional committee with its office at kanpur ii the southern regional committee with its office at madras iii the western regional committee with its office at bombay iv the eastern regional committee with its office at calcutta. 2 the council may, if it considers necessary, establish such other regional committees as it may think fit. 3 the regional committee shall advise and assist the council to look into all aspects of planning, promoting and regulating technical education within the region. 4 the region for which the regional committees may be established and the constitution and functions of such committees shall be prescribed by regulation.

section 15. of the all india council for technical education act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the council in each financial year such sums as may be considered necessary for the performance of functions of the council under this act.

section 16. of the all india council for technical education act : 1 the council shall have its own fund and all sums which may, from time to time, be paid to it by the central government and all the receipts of the council including any sum which any state government or any other authority or person may hand over to the council shall be credited to the fund and all payments by the council shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the council. 3 the council may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the council.

section 18. of the all india council for technical education act : the council shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before both houses of parliament.

section 25. of the all india council for technical education act : 1 if any difficulty arises in giving effect to the provisions of the act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 19. of the all india council for technical education act : 1 the council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed. 2 the council shall, as soon as may be, after closing its annual accounts prepare a statement of accounts in such form, and forward the same to the comptroller and auditorgeneral of india by such date, as the central government may, in consultation with the comptroller and auditorgeneral, determine. 3 the accounts of the council shall be audited by the comptroller and auditorgeneral of india at such times and in such manner as he thinks fit. 4 the accounts of the council as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 20. of the all india council for technical education act : 1 the council shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time. 2 the decision of the central government as to whether a question is one of policy or not shall be final.

section 21. of the all india council for technical education act : 1 if the central government is of the opinion that the council is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the central government under section 20, the central government may, by notification in the official gazette, supersede the council for such period as may be specified in the notification: provided that before issuing a notification under this subsection, the central government shall give a reasonable time to the council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the council. 2 upon the publication of a notification under subsection 1 superseding the council, a all the members of the council shall, notwithstanding that their term of office had not expired, as from the date of supersession, vacate their offices as such members b all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the council shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct c all property vested in the council shall, during the period of supersession, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further period as it may consider necessary or b reconstitute the council in the manner provided in section 3.

section 22. of the all india council for technical education act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure to be followed by the members in the discharge of their functions b the inspection of technical institutions and universities c the form and manner in which the budget and reports are to be prepared by the council d the manner in which the accounts of the council are to be maintained and e any other matter which has to be, or may be, prescribed.

section 23. of the all india council for technical education act : show related subordinates 1 the council may, by notification in the official gazette, make regulations not inconsistent with the provisions of this act, and the rules generally to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a regulating the meetings of the council and the procedure for conducting business thereat b the terms and conditions of service of the officers and employees of the council c regulating the meetings of the executive committee and the procedure for conducting business thereat d the area of concern, the constitution, and powers and functions of the board of studies e the region for which the regional committee be established and the constitution and functions of such committee.

section 24. of the all india council for technical education act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 7. of the delhi high court act : show related subordinates subject to the provisions of this act, the law in force immediately before the appointed day with respect to practice and procedure in the high court of punjab shall, with the necessary modifications, apply in relation to the high court of delhi and accordingly the high court of delhi shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the high court of punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction: provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the high court of punjab shall, until varied or revoked by rules or orders made by the high court of delhi, apply with the necessary modifications in relation to practice and procedure in the high court of delhi as if made by that high court.

section 1. of the delhi high court act : show related subordinates 1 this act may be called the delhi high court act, . 2 section 17 shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and the remaining provisions of this act shall come into force at once. 1. 1st may, , vide notification no. g.s.r. 508 e, dated 11th april, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 2. of the delhi high court act : in this act, unless the context otherwise requires, a appointed day means the date appointed under section 3 b notified order means order notified in the official gazette

section 3a. of the delhi high court act : 1 3a. salaries and allowances or judges to be expenditure charged on consolidated fund of india.expenditure in respect of the salaries and allowances of judges of the high court of delhi shall be expenditure charged on the consolidated fund of india. 1. ins. by act 37 of , s. 2 w.e.f. .

section 6. of the delhi high court act : 1 the high court of delhi shall have like powers to approve, admit, enrol, remove and suspend legal practitioners, and to make rules with respect to them, as are, under the law in force immediately before the appointed day, exercisable by the high court of punjab. 2 the right of audience in the high court of delhi shall be regulated in accordance with the like principles, as, immediately before the appointed day, are in force with respect to the right of audience in the high court of punjab: provided that subject to any rule made or direction given by the high court of delhi in the exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to act in the high court of punjab shall be recognised as an advocate or an attorney entitled to practise or act, as the case may be, in the high court of delhi.

section 9. of the delhi high court act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded, by the high court of punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes, used, issued or awarded by the high court of delhi.

section 4. of the delhi high court act : 1 the provisions of chapter v of part vi of the constitution shall, in their application to the high court of delhi, have effect subject to the following exceptions and modifications, namely: a in article 217, the words the governor of the state shall be omitted and in relation to appointments to be made under subsection 2, that article shall be construed as if the words and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court, had also been omitted b in article 219, the reference to the governor of the state, and in the proviso to clause 3 of article 227, the reference to the governor, shall be construed as a reference to the administrator of the union territory of delhi c the provisions of article 225 shall not apply d in article 229, i the references to the governor of the state shall be construed as references to the administrator of the union territory of delhi ii the references to the state public service commission, the legislature of the state and the consolidated fund of the state shall be construed, respectively as references to the union public service commission, parliament and the consolidated fund of india e the provisions of article 230 shall apply subject to the modifications that i in clause 1 thereof, for the words high court in both the places where they occur, the words high court for a union territory, and for the words any union territory, the words any other union territory shall be substituted ii for clause 2 thereof, the following clause shall be substituted, namely: 2 where the high court for a union territory exercises jurisdiction in relation to another union territory, the reference in article 227 to the administrator of the union territory of delhi shall, in relation to any rules, forms or tables for subordinate courts in that other union territory, be construed as a reference to the administrator of that other union territory.. 2 between the coming into force of this section and the appointed day, the president may, after consultation with the chief justice of india, appoint the chief justice of the high court of delhi and as many other judges of the said high court as he thinks fit, and any appointments so made shall take effect as from the appointed day.

section 3. of the delhi high court act : 1 as from such date as the central government may, by notification in the official gazette, appoint, there shall be a high court for the union territory of delhi hereinafter referred to as the high court of delhi. 2 the principal seat of the high court of delhi shall be at delhi or at such other place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of delhi may sit at such other place or places other than its principal seat as the chief justice may, with the approval of the president, appoint.

section 5. of the delhi high court act : 1 the high court of delhi shall have, in respect of the territories for the time being included in the union territory of delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the high court of punjab. 2 notwithstanding anything contained in any law for the time being in force, the high court of delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds 1 rupees two crore. 1. subs. by act 23 of , s. 2, for rupees twenty lakhs w.e.f. .

section 8. of the delhi high court act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of punjab shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of delhi.

section 10. of the delhi high court act : 1 where a single judge of the high court of delhi exercises ordinary original civil jurisdiction conferred by subsection 2 of section 5 on that court, an appeal shall lie from the judgment of the single judge to a division court of that high court. 2 subject to the provisions of subsection 1, the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court of punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of delhi.

section 11. of the delhi high court act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of punjab and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high court of delhi.

section 12. of the delhi high court act : 1 except as hereinafter provided, the high court of punjab shall, as from the appointed day, have no jurisdiction in respect of the union territory of delhi. 2 such proceedings pending in the high court of punjab immediately before the appointed day as are certified, whether before or after that day, by the chief justice of that high court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court of delhi, shall, as soon as may be after such certification, be transferred to the high court of delhi. 3 notwithstanding anything contained in subsections 1 and 2 of this section and in section 5, but save as hereinafter provided, the high court of punjab shall have, and the high court of delhi shall not have, jurisdiction to entertain, hear or dispose of, appeals, applications for leave to appeal including leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of punjab before the appointed day: provided that if after any such proceedings have been entertained by the high court of punjab, it appears to the chief justice of that high court that they ought to be transferred to the high court of delhi, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of punjab a before the appointed day, in any proceedings transferred to the high court of delhi by virtue of subsection 2 b in any proceedings with respect to which the high court of punjab retains jurisdiction by virtue of subsection 3, shall for all purposes have effect, not only as an order of the high court of punjab, but also as an order made by the high court of delhi.

section 17. of the delhi high court act : 1 as from such date as the central government may, by notification in the official gazette, appoint hereinafter referred to as the prescribed date, the jurisdiction of the high court of delhi shall extend to the union territory of himachal pradesh. 2 as from the prescribed date the court of the judicial commissioner for himachal pradesh shall cease to function and is hereby abolished: provided that nothing in this subsection shall prejudice or affect the continued operation of any notice served, injunction issued, direction given, or proceedings taken before the prescribed date by the court of the judicial commissioner for himachal pradesh abolished by this subsection. 3 the high court of delhi shall have, in respect of the territories for the time being included in the union territory of himachal pradesh, a all such original, appellate and other jurisdiction as under the law in force immediately before the prescribed date, is exercisable in respect of the said territories by the court of the judicial commissioner for himachal pradesh and also b ordinary original civil jurisdiction in every suit the value of which exceeds 1 fifty thousand rupees, notwithstanding anything contained in any law for the time being in force. 4 all proceedings pending in the court of the judicial commissioner for himachal pradesh before the prescribed date shall stand transferred to the high court of delhi. 5 any order made before the prescribed date by the court referred to in subsection 4 shall for all purposes have effect not only as an order of that court but also as an order of the high court of delhi. 6 for the removal of doubts, it is hereby declared that the provisions of sections 6 to 11 and 13 shall, with the necessary modifications, apply to the high court of delhi in the exercise of jurisdiction conferred upon it by this section. 7 all proceedings pending immediately before the prescribed date in any subordinate court in the union territory of himachal pradesh in or in relation to any such civil suit as is referred to in clause b of subsection 3 shall on that date stand transferred to the high court of delhi which shall proceed to try, hear and determine the matter as if it had been pending therein. 1. subs. by act 37 of , s. 4, for twentyfive thousand rupees w.e.f. .

section 13. of the delhi high court act : any person who, immediately before the appointed day, is an advocate entitled to practise or an attorney entitled to act, in the high court of punjab, and was authorised to appear or to act in any proceedings transferred from that high court to the high court of delhi under section 12, shall have the right to appear or to act, as the case may be, in the high court of delhi in relation to those proceedings.

section 14. of the delhi high court act : for the purposes of sections 12 and 17, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 19. of the delhi high court act : amendment of certain laws.rep. by repealing and amending act, 56 of s. 2 and the first schedule w.e.f. .

section 15. of the delhi high court act : save as provided in section 4, nothing in this act shall affect the application to the high court of delhi of any provisions of the constitution, and this act shall have effect subject to any provision that may be made on or after the appointed day with respect to the high court by any legislature or other authority having power to make such provision.

section 21. of the delhi high court act : for the purpose of facilitating the application of any law in relation to the union territory of delhi or himachal pradesh, the central government may, before the expiration of two years from the appointed day in relation to the union territory of delhi and before the expiration of two years from the prescribed date in relation to the union territory of himachal pradesh, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.

section 16. of the delhi high court act : all proceedings pending immediately before the appointed day in any subordinate court in the union territory of delhi in or in relation to any such civil suit as is referred to in subsection 2 of section 5 shall on that day stand transferred to the high court of delhi which shall proceed to try, hear and determine the matter as if it had been pending therein.

section 18. of the delhi high court act : 1 references in any law in force in the union territory of delhi to the high court of punjab shall, as from the appointed day, be construed in relation to that union territory as references to the high court of delhi. 2 references in any law in force in the union territory of himachal pradesh to the high court of punjab or to the court of the judicial commissioner for that territory shall, as from the prescribed date, be construed in relation to that union territory as references to the high court of delhi.

section 20. of the delhi high court act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by notified order, make such provision as appears to it to be necessary or expedient for the removal of the difficulty. 2 every order made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the cases may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 8. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 for the deprivation of britannia engineering company of the management of the mokameh unit and for the deprivation or arthur butler and company of the management of the undertakings owned by it, there shall be given, in cash, by the central government to the respective company, in addition to the amount specified in section 7, an amount computed at the rate of ten thousand rupees per annum for the period commencing on the date on which the management of such unit or, as the case may be, such undertakings, was taken over by the central government under the industries development and regulation act, 65 of and ending with the appointed day. 2 in consideration of the retrospective operation of the provisions of sections 3, 4 and 6, there shall also be given, in cash, by the central government to britannia engineering company and to arthur butler and company an amount equal to an amount calculated at the rate of ten thousand rupees per annum for the period commencing on the appointed day and ending with the date on which this act receives the assent of the president. 3 the amount specified in section 7 and the amount computed under subsections 1 and 2 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending with the date on which the payment of amount is made by the central government to the commissioner. 4 the amounts determined in accordance with the provisions of subsections 1, 2 and 3 shall be given to britannia engineering company and to arthur butler and company in addition to the amount specified in the first schedule.

The Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings) Act, 1978

section 1. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 this act may be called the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act, . 2 the provisions of sections 27 and 28 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 1st day of april, .

section 3. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : on the appointed day, i the mokameh unit and the right, title and interest of britannia engineering company in relation to the mokameh unit and ii the undertakings owned by arthur butler and company and the right, title and interest of arthur butler and company in relation to the said undertakings, shall, by virtue of this act, stand transferred to, and shall vest in, the central government.

section 7. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 for the transfer to, and vesting in, the central government, under section 3, a of the mokameh unit and the right, title and interest of britannia engineering company, in relation to that unit and b of the undertakings owned by arthur butler and company, and the right, title and interest of arthur butler and company, in relation to those undertakings, there shall be given by the central government to britannia engineering company and arthur butler and company, in cash and in the manner specified in chapter v1, an amount equal to the amount specified, respectively, in the first schedule, against britannia engineering company and arthur butler and company. 2 for the removal of doubts, it is hereby declared that the liabilities of i britannia engineering company, in relation to the mokameh unit, and ii arthur butler and company, in relation to the undertakings owned by it, shall be met, in accordance with the rights and interests of the creditors of the respective company from the amount due, respectively, to britannia engineering company and arthur and company, under subsection 1.

section 2. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 1st day of april, b arthur butler and company means messrs. arthur butler and company muzaffarpore limited, a company within the meaning of the companies act 1 of , and having its registered office at 40, stand road, calcutta, in the state of west bengal c britannia engineering company means messrs.britannia engineering company limited, a company within the meaning of the companies act 1 of , and having its registered office at 3, netaji subhash road, calcutta, in the state of west bengal d commissioner means the commissioner of payments appointed under section 15 e government company means a company within the meaning of section 617 of the companies act, 1 of and referred to in section 5 of this act f mokameh unit means the wagon and other undertakings owned by britannia engineering company at mokameh in the state of bihar g notification means a notification published in the official gazette h prescribed means prescribed by rules made under this act i specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purpose of that provision and different dates may be specified for different provisions of this act j wagon and other undertaking means the undertaking which is engaged in the manufacture of railway wagons and other goods k words and expressions used herein and not defined but defined in the companies act, 1 of , have the meanings, respectively assigned to them in that act.

section 10. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 every person, in whose possession or custody or control i the mokameh unit, or ii any undertaking or arthur butler and company, or any part of such unit or undertaking or any machinery, instrument or other movable assets forming part of such unit or undertaking, may be immediately before the appointed day, shall forthwith deliver possession of the mokameh unit or such undertaking or such part, machinery, instrument or other asset, as the case may be, to the central government or the government company or to such person or body of persons as the central government or the government company may specify in this behalf. 2 every person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to the mokameh unit or any undertaking owned by arthur butler and company, which has vested in the central government or a government company under this act, and which belong to britannia engineering company or, as the case may be, arthur butler and company, or would have so belonged if the mokameh unit, or as the case may be, the undertakings owned by arthur butler and company, had not vested in the central government or the government company, shall be liable to account for the said assets, books, documents and other papers to the central government or the government company and shall deliver them up to the central government or the government company or to such person or body or persons as the central government or the government company may specify in this behalf. 3 the central government may take or cause to be taken all necessary steps for securing possession of the mokameh unit and the undertakings of arthur butler and company which have vested in it under section 3.

section 4. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the mokameh unit, and the undertakings of arthur butler and company, referred to in section 3, shall be deemed to include all assets, rights, leaseholds powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash in hand, reserve funds, investments and book debts pertaining to the mokameh unit or, as the case may be, the undertakings of arthur butler and company, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control a of britannia engineering company, in relation to the mokameh unit, or b of arthur butler and company, in relation to the undertakings owned by it, whether within or outside india, and all books of account, registers and other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority, restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding and charge, lien or other interest in, or in relation to any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of amounts specified in the first schedule and also out of the monies determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government or the government company, as the case may be. 5 if, on the appointed day, any suit, appeal or other proceeding of whatever nature instituted or preferred by or against britannia engineering company in relation to the mokameh unit, or by or against arthur butler and company in relation to any undertaking owned by it, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the mokameh unit or, as the case may be, the undertakings of arthur butler and company, or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government or the government company as the case may be.

section 9., of mokameh unit and the undertakings of arthur butler and company. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : on the appointed day, the general superintendence, direction, control and management of the affairs and business of the mokameh unit and of the undertakings owned by arthur butler and company shall a where a direction has been made by the central government under section 5, vest in the government company specified in such direction, or b where no such direction has been made, vest in such person or body of persons as may be appointed by the central government in this behalf, and thereupon the government company so specified or the person or body of persons so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as britannia engineering company is authorised to exercise and do in relation to its mokameh unit or, as the case may be, arthur butler and company is authorised to exercise and do in relation to the undertakings owned by it.

section 5. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in section 3, the central government may, if it is satisfied that a government company whether in existence at the commencement of this act or incorporated thereafter is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by notification, that the mokameh unit and the undertakings referred to in section 3, and the right, title and interest of britannia engineering company in relation to the mokameh unit, and the right, title and interest of arthur butler and company in relation to the undertakings owned by it, which have vested in the central government under section 3, shall instead of continuing to vest in the central government, vest in the government company either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest in relation to the mokameh unit and in relation to the other undertakings referred to in section 3, vest in a government company under subsection 1, the government company shall, on and from the date of such vesting, be deemed to have become the owner of the mokameh unit and of the undertakings of arthur butler and company and all the rights and liabilities of the central government in relation to the mokameh unit and the undertakings of arthur butler and company shall, on and from the date of such vesting, be deemed to have been the rights and liabilities, respectively, of the government company.

section 6. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 every liability of britannia engineering company in relation to the mokameh unit, or of arthur butler and company in relation to the undertakings owned by it, in respect of any period prior to the appointed day, shall be the liability of britannia engineering company, or arthur butler and company, as the case may be, and shall be enforceable against such company and not against the central government or the government company. 2 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this section or in any other section of this act, i no liability of britannia engineering company, in relation to the mokameh unit, and ii no liability of arthur butler and company, in relation to the undertakings owned by it, in respect of any period prior to the appointed day, shall be enforceable against the central government or the government company, as the case may be b no award, decree or order of any court, tribunal or other authority in relation to the mokameh unit, or in relation to the undertakings owned by arthur butler and company, passed after the appointed day in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the central government or the government company, as the case may be c no liability incurred before the appointed day by i britannia engineering company, in relation to the mokameh unit, or ii arthur butler and company, in relation to the undertakings owned by it, for the contravention of any provision of law for the time being in force shall be enforceable against the central government or the government company as the case may be.

section 11. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : britannia engineering company and arthur butler and company shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its properties and assets, as on the appointed day, pertaining to the mokameh unit, or as the case may be, the undertakings owned by arthur butler and company which has or have vested in the central government under section 3, and, for this purpose the central government or the government company shall afford britannia engineering company or arthur butler and company all reasonable facilities.

section 18. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : every person having a claim against britannia engineering company in relation to the mokameh unit, or against arthur butler and company in relation to the undertakings owned by it, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

section 12. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : on the vesting in the central government or the government company of the management of the mokameh unit or of any undertakings owned by arthur butler and company, all persons in charge of the management of the mokameh unit or, as the case may be, the undertakings owned by arthur butler and company immediately before the date of such vesting, shall be bound to deliver to the central government or the government company or to such person or body or persons as the central government or the government company may specify in this behalf, all assets, books of account, registers or other documents in their custody relating to the mokameh unit or, as the case may be, any undertaking owned by arthur butler and company.

section 13. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 every person who has been, immediately before the appointed day, employed by i britannia engineering company, in connection with the mokameh unit, or ii arthur butler and company, in connection with any undertaking owned by it, shall become, on and from the appointed day, an employee of the central government or, as the case may be, of the government company, and shall hold office or service under the central government or the government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in the mokameh unit or any undertakings owned by arthur butler and company, to the central government or the government company shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 14. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 where britannia engineering company or arthur butler and company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of persons employed in the mokameh unit or, as the case may be, any of the undertakings owned by arthur butler and company, the monies relatable to the employees, whose services have become transferred by or under this act to the central government or the government company shall out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other funds, stand transferred to, and vest in, the central government or the government company, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the government company, as the case may be, shall be dealt with by that government or the government company in such manner as may be prescribed.

section 17. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the central government or the government company, as the case may be, shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to britannia engineering company in relation to any of the mokameh unit, or arthur butler and company in relation to any of the undertakings owned by it, which has vested in the central government or the government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the government company, as the case may be, may make a claim to the commissioner with regard to every payment made by that government after the appointed day for discharging any liability of britannia engineering company in relation to the mokameh unit, or of arthur butler and company in relation to any of the undertakings owned by it, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities of britannia engineering company in relation to the mokameh unit, or of arthur butler and company in relation to any of the undertakings owned by it, in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of britannia engineering company or arthur butler and company, as the case may be.

section 16. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to britannia engineering company and to arthur butler and company, a an amount equal to that specified against each of their names in the first schedule, b an amount equal to that payable to britannia engineering company and arthur butler and company under section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 separate records shall be maintained by the commissioner in respect of mokameh unit and the undertakings owned by arthur butler and company in relation to which payment has been made to him under this act. 4 interest acquiring on the amounts standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of britannia engineering company and arthur butler and company.

section 15. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amount payable under sections 7 and 8 to britannia engineering company and to arthur butler and company, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 19. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : the claims arising out of the matters specified in the second schedule shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all categories and category ii shall have precedence over category iii and so on b the claims specified in each of the categories, except category iv, shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportion and be paid accordingly c the liabilities specified in category iv shall be discharged subject to the priorities specified in this section in accordance with the terms of the secured loan and the priority inter se, of such loans and d the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 20. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order or priorities specified in the second schedule and examine the same in accordance with such order of priorities. 2 if on an examination of the claim, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claim in respect of such lower category.

section 21. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 after examining the claims with reference to the priorities set out in the second schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim failing which he will be excluded from the benefit of the disbursement made by the commissioner. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the english language having circulation in the major part of the country and one issue of such daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursement made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving britannia engineering company or, as the case may be, arthur butler and company, an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision to the principal court of original jurisdiction within the local limits of whose jurisdiction the mokameh unit or, as the case may be, the registered office of arthur butler and company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court of the state in which the registered office of britannia engineering company or, as the case may be, arthur butler and company is situated, and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 26. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 every contract entered into by britannia engineering company in relation to the mokameh unit, or arthur butler and company in relation to any of the undertakings owned but it, which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the date on which this act receives the assent of the president, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government, or the government company, and in ratifying such contract, the central government or the government company may make such alternation or modification therein as it may think fit: provided that the central government or the government company shall not omit to ratify contract and shall not make any alternation or modification in a contract unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of, the central government or the government company. 2 the central government or the government company shall not omit to ratify a contract, and shall not make any alternation or modification therein, except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alternation or modification therein.

section 22. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : after admitting the claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such sums are due and on such payment the liability of britannia engineering company in relation to the mokameh unit, or of arthur butler and company in respect of any claim relating to the undertakings owned by it shall stand discharged.

section 23. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 if out of the monies paid to him in relation to the mokameh unit or in relation to any undertaking owned by arthur butler and company there is a balance left after meeting the liabilities as specified in the second schedule, the commissioner shall disburse such balance to britannia engineering company, or as the case may be, to arthur butler and company. 2 where the possession of any machinery, equipment or other property has vested in the central government or the government company under this act, but such machinery, equipment or other property does not belong to britannia engineering company or, as the case may be, arthur butler and company, it shall be lawful for the central government to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by britannia engineering company or, as the case may be, arthur butler and company, immediately before the appointed day.

section 24. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed for a period of three years from the last date on which the disbursement was made, shall be transferred by the commissioner to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of the revenue.

section 25. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : the provision of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 27. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of the mokameh unit, or any of the undertakings owned by arthur butler and company, wrongfully withholds such property from the central government or the government company or b wrongfully obtains possession of, or retains, any property forming part of, the mokameh unit, or any of the undertakings owned by arthur butler and company or c wilfully withholds or fails to furnish to the central government or the government company or any person or body of persons specified by that government or the government company, as the case may be, any document relating to the mokameh unit, or any of the undertakings owned by arthur butler and company, which may be in his possession, custody or control or d fails to deliver to the central government or the government company or any person or body of persons specified by that government or the government company, any assets, books of account, registers or other documents in his possession, custody or control relating to the mokameh unit, or any of the undertakings owned by arthur butler and company or e wrongfully removes or destroys any property forming part of the mokameh unit, or any of the undertakings owned by arthur butler and company or prefers any claim under this act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 28. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanationfor the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 33. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : it is hereby declared that this act is for giving effect to the policy of the state towards securing the principles specified in clause b of article 39 of the constitution, explanationin this section, state has the same meaning as in article 12 of the constitution.

section 29. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the government company or other person authorised by that government or the government company for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the government company or any officer or other person authorised by that company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 30. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 31. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the manner in which the monies in any provident fund or other fund, referred to in subsection 2 of section 14 shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 32. of the britannia engineering company limited mokameh unit and the arthur butler and company muzaffarpore limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 8. of the navy act : 1 every master or other person for the time being in command of any merchant or other vessel comprised in a convoy under the command of an officer of the indian navy shall obey, in all matters relating to the navigation or security of the convoy, any directions which may be given by such officer, and shall take such precautions for avoiding the enemy as may be required by any such directions. 2 if any such directions are not obeyed, any such officer or any person acting under his orders may compel obedience by force of arms without being liable for any injury or loss of life or any danger to or loss of property resulting therefrom.

section 1. of the navy act : 1 this act may be called the navy act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st january, , vide notification s.r.o. 11e, dated 31st december, , see gazette of india, extraordinary, , part ii, s. 4ii.

section 2. of the navy act : 1 the following persons shall be subject to naval law wherever they may be, namely: a every person belonging to the indian navy during the time that he is liable for service under this act b every person belonging to the indian naval reserve forces when he is i on active service or ii in or on any property of the naval service including naval establishments, ships and other vessels, aircraft, vehicles and armouries or iii called up for training or undergoing training in pursuance of regulations made under this act, until he is duly released from his training or iv called up into actual service in the indian navy in pursuance of regulations made under this act, until he is duly released therefrom or v in uniform c members of the regular army and the air force when embarked on board any ship or aircraft of the indian navy, to such extent and subject to such conditions as may be prescribed d every person not otherwise subject to naval law, who enters into an engagement with the central government under section 6 e every person belonging to any auxiliary forces raised under this act, to such extent and subject to such conditions as may be prescribed and f every person who, although he would not otherwise be subject to naval law, is by any other act or during active service by regulations made under this act in this behalf made subject to naval law, to such extent and subject to such conditions as may be prescribed. 2 the following persons shall be deemed to be persons subject to naval law, namely: a every person ordered to be received, or being a passenger, on board any ship or aircraft of the indian navy, to such extent and subject to such conditions as may be prescribed b every person sentenced under this act to imprisonment or detention, during the term of his sentence, notwithstanding that he is discharged or dismissed with or without disgrace from naval service or would otherwise but for this provision cease to be subject to naval law.

section 7. of the navy act : 1 when members of the regular army and the air force or of either of these forces are serving with members of the indian navy or indian naval reserve forces under prescribed conditions, then those members of the regular army or the air force shall exercise such command, if any, and be subject to such discipline as may be prescribed. 2 nothing in subsection 1 shall be deemed to authorise the exercise of powers of punishment by members of the regular army or the air force over members of the indian navy or the indian naval reserve forces, except as provided in clause e of subsection 3 of section 93 1or in such cases and subject to such conditions as may be prescribed. 1. ins by act 53 of , s. 4 w.e.f. .

section 4. of the navy act : the rights conferred by part iii of the constitution in their application to persons subject to naval law shall be restricted or abrogated to the extent provided in this act.

section 6. of the navy act : 1 if any person not otherwise subject to naval law enters into an engagement with the central government to serve, a in a particular ship or b in such particular ship or in such ships as the central government, the chief of the naval staff, or the prescribed officer may, from time to time, determine and agrees to become subject to naval law upon entering into the engagement, that person shall, so long as the engagement remains in force and notwithstanding that for the time being he may not be serving in any ship, be subject to naval law. 2 the central government may, by order, direct that, subject to such exceptions as may in particular cases be made by or on behalf of the chief of the naval staff, persons of any such class as may be specified in the order shall, while being subject to naval law by virtue of this section, be deemed to be officers, petty officers or other 1sailors, as the case may be, for the purposes of this act or of such provisions of this act as may be so specified. 1. ins by act 53 of , s. 4 w.e.f. .

section 9. of the navy act : 1 no person who is not a citizen of india shall be eligible for appointment or enrolment in the indian navy or the indian naval reserve forces except with the consent of the central government. provided that nothing in this section shall render a person ineligible for appointment or enrolment in the indian navy or the indian naval reserve forces on the ground that he is a subject of nepal. 2 no woman shall be eligible for appointment or enrolment in the indian navy or the indian naval reserve forces except in such department, branch or other body forming part thereof or attached thereto and subject to such conditions as the central government may, by notification in the official gazette, specify in this behalf.

section 3. of the navy act : in this act, unless the context otherwise requires, 1 active service means service or duty a during the period of operation of a proclamation of emergency issued under clause 1 of article 352 of the constitution or b during any period declared by the central government by notification in the official gazette as a period of active service with reference to any area in which any person or class of persons subject to naval law may be serving 2 chief of the naval staff means the flag officer appointed by the president as chief of the naval staff or in his absence on leave or otherwise an officer appointed by the central government to officiate as such or in the absence of such officiating appointment the officer on whom the command devolves in accordance with regulations made under this act 3 civil offence means an offence triable by a court of ordinary criminal jurisdiction in india 4 civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force 5 commissioned officer means a person holding a commission from the president in indian navy or the indian naval reserve forces 6 courtmartial means a courtmartial constituted under this act 7 enemy includes all armed rebels, armed mutineers, armed rioters and pirates and any person in arms against whom it is the duty of any person subject to naval law to act 8 flag officer means an officer of the rank of admiral of the fleet, admiral, viceadmiral or rearadmiral 9 indian naval reserve forces means the naval reserve forces raised and maintained by the central government 10 indian navy means the regular naval forces raised and maintained by the central government 11 indian waters, for the purposes of sections 31, 97 and 99, means the seas extending from the shores of india to such limits as may be prescribed 12 naval custody means the arrest or confinement of a person in the prescribed manner or in accordance with the usages of the naval service, and includes military or air force custody 112a naval establishment means an establishment belonging to, or under the control of, the indian navy whether within or without india 13 naval offence means any of the offences under sections 34 to 76 14 naval service means the naval organisation of india 15 naval tribunal means a courtmartial constituted under section 97 and includes a disciplinary court constituted under section 96, a commanding officer or other officer or authority exercising powers of punishment under this act 216 officer means a commissioned officer and includes a a subordinate officer other than a petty officer b a commissioned officer reemployed as such 317 petty officer means a sailor rated as such and includes a chief petty officer and a master chief petty officer 18 prescribed means prescribed by regulations made under this act 19 provostmarshal means a person appointed as such under section 89 and includes any of his deputies or assistants or any other person lawfully exercising authority under him or on his behalf 20 4sailor means a person in the naval service other than an officer 21 ship, except in the expression on board a ship, includes an establishment of the indian navy commissioned as a ship in accordance with the custom of the navy 22 subject to naval law means liable to be arrested and tried under this act for any offence 23 subordinate officer means a person appointed as an acting sublieutenant, a midshipman or a cadet in any branch of the indian navy or the indian naval reserve forces, but does not include a cadet whilst under training in a joint service institution 24 superior officer, when used in relation to a person subject to naval law, means any officer or petty officer who is senior to that person under regulations made under this act and any officer or petty officer, who though not so senior to that person, is entitled under this act or the regulations made thereunder to give a command to that person, and includes, when such person is serving under prescribed conditions, an officer, junior commissioned officer, warrant officer, noncommissioned officer of the regular army or the air force of higher relative rank to that person or entitled under this act or the regulations made thereunder to give a command to that person 25 all words and expressions used but not defined in this act but defined in the indian penal code 45 of , shall have the meanings respectively assigned to them in that code. 1. ins. by act 53 of , s. 3 w.e.f. . 2. subs. by act 23 of , s. 2. for clause 16 w.e.f. . 3. subs. by act 53 of , s. 3, for clause 17 w.e.f. . 4. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 5. of the navy act : the central government may raise and maintain a regular naval force and also reserve and auxiliary naval forces.

section 10. of the navy act : 1 officers other than subordinate officers shall be appointed by commission granted by the president. 2 the grant of the commission shall be notified in the official gazette and such notification shall be conclusive proof of the grant of such commission. 3 subordinate officers shall be appointed in such manner and shall hold such rank as may be prescribed.

section 17. of the navy act : 1 a 1sailor entitled to be discharged under section 16 shall be discharged with all convenient speed and in any case within one month of his becoming so entitled: provided that where a 1sailor is serving overseas as the time he becomes entitled to be discharged he shall be returned to india for the purpose of being discharged with all convenient speed, and in any case within three months of his becoming so entitled: provided further that where such enrolled person serving oversea does not desire to return to india, he may be discharged at the place where he is at the time. 2 every 1sailor discharged shall be entitled to be conveyed free of cost from any place he may be at the time to any place in india to which he may desire to go. 3 notwithstanding anything contained in the preceding subsections, an enrolled person shall remain liable to serve until he is duly discharged. 4 every 1sailor who is dismissed, discharged, retired, permitted to resign or released from service shall be furnished by the prescribed officer with a certificate in the language which is the mother tongue of such 1sailor and also in the english language setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the indian navy and the indian naval reserve forces. 1. subs. by s. 2, ibid., for seaman w.e.f. .

section 11. of the navy act : 1 save as otherwise provided in this act, the terms and conditions of service of 1sailors, the person authorised to enrol for service as 1sailors and the manner and procedure of such enrolment shall be such as may be prescribed. 2 no person shall be enrolled as a 1sailor in the indian navy for a period exceeding 2twenty years in the first instance: provided that in the case of a minor the said period of 3twenty years shall be reckoned from the date on which he attains the age of seventeen. 3 notwithstanding anything contained in any other law for the time being in force, a the enrolment of any person under this act shall be binding on him both during his minority and after he attains majority b neither the parent or guardian of a minor duly enrolled under this act nor any other person shall be entitled to claim custody of the said minor as against the central government or any of its officers or other persons set over him. 1. subs. by s. 2, ibid., for seaman w.e.f. . 2. subs. by act 34 of , s. 2, for fifteen years w.e.f. . 3. subs. by act 34 of , s. 2, for fifteen years w.e.f. .

section 14. of the navy act : 1 subject to the provisions of subsection 4, officers and 1sailors shall be liable to serve in the indian navy or the indian naval reserve forces, as the case may be, until they are duly discharged, dismissed, dismissed with disgrace, retired, permitted to resign, or released. 2 no officer shall be at liberty to resign his office except with the permission of the central government and no 1sailor shall be at liberty to resign his post except with the permission of the prescribed officer. 3 the acceptance of any resignation shall be a matter within the discretion of the central government or the officer concerned, as the case may be. 4 officers retired or permitted to resign shall be liable to recall to naval service in an emergency in accordance with regulations made under this act, and on such recall shall be liable to serve until they have been duly discharged, dismissed, dismissed with disgrace, retired, permitted to resign, or released. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 12. of the navy act : where a person after his enrolment has for a period of three months from the date of such enrolment been in receipt of pay as a 10sailor, he shall be deemed to have been duly enrolled and shall not thereafter be entitled to claim his discharge on the ground of any irregularity or illegality in his engagement or any other ground whatsoever and if within the said three months such person claims his discharge, no such irregularity or illegality or other ground shall, until such person is discharged in pursuance of his claim, affect his position as a 1sailor in the naval service or invalidate any proceedings, act or thing taken or done prior to his discharge. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 15. of the navy act : 1 every officer and 1sailor shall hold office during the pleasure of the president. 2 subject to the provisions of this act and the regulations made thereunder, a the central government may 2dismiss or discharge or retire from the naval service any officer or 1sailor b the chief of the naval staff or any prescribed officer may 3dismiss or discharge from the naval service any 4sailor. 1. subs. by act 53 of , s. 2, for seaman w.e.f. . 2. ins by s. 5, ibid. w.e.f. . 3. ins by act 53 of , s. 5 w.e.f. . 4. subs. by s. 2, ibid., for seaman w.e.f. .

section 13. of the navy act : every officer and every 1sailor shall, as soon as may be, after appointment or enrolment make and subscribe before the commanding officer of the ship to which he belongs, or the prescribed officer an oath or affirmation in the following form, that is to say: i.........................do swear in the name of god solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will, as in duty bound, honestly and faithfully serve in the naval service and go wherever ordered by sea, land or air, and that i will observe and obey all commands of the president and the commands of any superior officer set over me, even to the peril of my life.. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 16. of the navy act : subject to the provisions of section 18, a 1sailor shall be entitled to be discharged at the expiration of the term of service for which he is engaged unless a such expiration occurs during active service in which case he shall be liable to continue to serve for such further period as may be required by the chief of the naval staff or b he is reenrolled in accordance with the regulations made under this act. 1. subs. by s. 2, ibid., for seaman w.e.f. .

section 20. of the navy act : the arms, clothes, equipments, accoutrements or necessaries of any person in the naval service, while subject to naval law, shall not be seized, nor shall the pay and allowances or any part thereof of such person be attached under any process or direction issued by, or by the authority of, any court or public servant in respect of any claim, decree or order enforceable against him.

section 18. of the navy act : nothing in this chapter shall affect the award by a naval tribunal of the punishment of dismissal with disgrace or dismissal from the naval service under this act.

section 26. of the navy act : the rights and privileges specified in the preceding sections of this chapter shall be in addition to, and not in derogation of, any other rights and privileges conferred on persons in the naval service while subject to naval law or on members of the regular army, navy and air force generally by any other law for the time being in force.

section 21. of the navy act : 1 no person in the naval service shall, so long as he is subject to naval law, be liable to be arrested for debt under any process or direction issued by, or by the authority of, any court or public servant. 2 if any such person is arrested in contravention of the provisions of subsection 1, the court or public servant by whom or by whose authority such process or direction was issued shall on complaint by the person arrested or by his superior officer enquire into the case and if satisfied that the arrest was made in contravention of subsection 1, shall make an order for the immediate discharge of the person arrested and may award of the complainant the costs of the complaint to be recoverable in the same manner as if such costs were awarded to him by a decree against the person at whose instance such process or direction was issued. 3 no courtfee shall be payable on a complaint made under subsection 2 for recovery of the costs that may be awarded under that subsection.

section 25. of the navy act : a criminal court before which any proceedings have been taken against a person in the naval service while subject to naval law shall, on application by the chief of the naval staff or the commanding officer of that person, grant copies of the judgment and final orders in the case free of cost and without delay.

section 19. of the navy act : 1 no person subject to naval law shall, without the express sanction of the central government, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations, or b be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the armed forces of the union or is not of a purely social, recreational or religious nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature, the decision of the central government thereon shall be final. 2 no person subject to naval law shall attend or address any meeting or take any part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the central government. 3 no person subject to naval law shall communicate with the press or publish or cause to be published any book, letter or other document having bearing on any naval, army or air force subject or containing any fact or opinion calculated to embarrass the relations between the government and the people or any section thereof or between the government and any foreign country, except with the previous sanction of the central government. 4 no person subject to naval law shall whilst he is so subject practise any profession or carry on any occupation, trade or business without the previous sanction of the chief of the naval staff.

section 22. of the navy act : 1 no president or other member of a courtmartial or disciplinary court, no judge, advocate, no party to any proceeding before a courtmartial or disciplinary court or no advocate or agent of such party, and no witness acting in obedience to a summons to attend a courtmartial or disciplinary court shall, while proceeding to, attending or returning from, a courtmartial or disciplinary court, be liable to arrest under any civil or revenue process. 2 if any such person is arrested under any such process, he may be discharged by order of the courtmartial or disciplinary court, as the case may be.

section 23. of the navy act : 1 if an officer or 1sailor thinks that he has suffered any personal oppression, injustice or other illtreatment at the hands of any superior officer, he may make a complaint in accordance with the regulations made under this act. 2 the regulations referred to in subsection 1 shall provide for the complaint to be forwarded to the central government for its consideration if the complaint is not satisfied with the decision on his complaint 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 24. of the navy act : 1 on the presentation to any civil or revenue court by or on behalf of any person in the naval service while subject to naval law of a certificate from the proper naval authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. 2 the certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenticated by such authority. 3 no fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof. 4 where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of the leave granted or applied for as aforesaid, it shall record its reasons for having been unable to do so, and shall cause a copy thereof to be furnished to such person on his application, without any payment whatever by him in respect either of the application for such copy or of the copy itself. 5 every criminal court before which a case is pending against a person in the naval service, shall, so far as may be possible, arrange for the early hearing and final disposal of such case.

section 27., not to be made unless authorized. of the navy act : no deductions other than those authorised by or under this or any other act shall be made from the pay, pensions, gratuities, allowances and other benefits due to officers and 1sailors under any regulations for the time being in force. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 28. of the navy act : the following deductions may be made from the pay and allowances of an officer without recourse to trial by a naval tribunal, namely: 1 all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence and approved by the chief of the naval staff: provided that the officer is not dealt with by a naval tribunal for the said absence 2 all pay and allowances for everyday while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or criminal court and sentenced to imprisonment 3 all pay and allowances for everyday while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this act: provided that such certificate is accepted by the chief of the naval staff 4 any sum required to make good the pay and allowances of any person subject to naval law which he has unlawfully retained or refused to pay 5 any sum required to make good any loss, damage or destruction of government property or property belonging to a naval mess, band or institution which after due investigation appears to the central government, the chief of the naval staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer 6 any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31 7 any sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen.

section 29. of the navy act : the following deductions may be made from the pay and allowances of a 1sailor without recourse to trial by a naval tribunal, namely: 1 all pay and allowances for everyday of absence without leave unless an explanation is given to the satisfaction of the commanding officer for such absence: provided that the 1sailor is not dealt with by a naval tribunal for the said absence 2 all pay and allowances for everyday he is in confinement on a charge for an offence of which he is afterwards convicted by a competent naval tribunal or criminal court 3 all pay and allowances for everyday he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this act: provided that such certificate is accepted by the chief of the naval staff or the prescribed officer 4 any sum required to make good any loss, damage or destruction of any property which after due investigation appears to the central government or the chief of the naval staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the 16 sailor 5 any sum required to be paid for the maintenance of his wife or legitimate or illegitimate children under the provisions of section 31. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 35. of the navy act : 135. misconduct by persons other than those in command.every person subject to naval law who, not being in command of any naval establishment or any ship, vessel or aircraft of the indian navy, fails when ordered to prepare for action by or against the enemy, or during any such action, to use his utmost exertions to carry the lawful orders of his superior officers into execution shall, a if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned and b in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned. 1. subs. by s. 7, ibid., for sections 34 to 37 w.e.f. .

section 30. of the navy act : deductions may be made from the pay and allowances of an officer or 1sailor in respect of any sentence of fine, forfeiture or mulcts of pay and allowances awarded in pursuance of this act by a naval tribunal. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 31. of the navy act : 1 a person subject to naval law shall be liable to maintain his wife and his legitimate or illegitimate children to the same extent as if he were not so subject but the execution or enforcement of any decree or order for maintenance passed or made against such person shall not be directed against his person pay, arms, ammunition, equipments, instruments or clothing. 2 notwithstanding anything contained in subsection 1, a where it appears to the satisfaction of the central government or the chief of the naval staff or the prescribed authority that a person subject to naval law has without reasonable cause deserted or left in destitute circumstances his wife or any legitimate child unable to maintain himself or has by reason of contracting a second marriage become liable to provide separate maintenance to his first wife or b where any decree or order is passed under any law against a person who is, or subsequently becomes, subject to naval law for the maintenance of his wife or his legitimate or illegitimate children and a copy of the decree or order is sent to the central government or the chief of the naval staff or the prescribed authority the central government, or the chief of the naval staff or the prescribed authority may direct a portion of the pay of the person so subject to naval law to be deducted from such pay and appropriated in the prescribed manner towards the maintenance of his wife or children, but the amount deducted shall not exceed the amount fixed by the decree or order if any and shall not be at a higher rate than the rate fixed by regulation made under this act in this behalf: provided that in the case of a decree or order for maintenance referred to in clause b no deduction from pay shall be directed unless the central government, or the chief of the naval staff or the prescribed authority is satisfied that the person against whom such decree or order has been passed or made, has had a reasonable opportunity of appearing, or has actually appeared either in person or through a duly appointed legal practitioner, to defend the case before the court by which the decree or order was passed or made. 3 where arrears of maintenance under a decree or order referred to in subsection 2 have accumulated while the person against whom the decree or order has been made is subject to naval law whether or not deductions in respect thereof have been made from his pay under this section, no step for the recovery of those arrears shall be taken in any court after such person has ceased to be so subject unless the court is satisfied that he has, since he ceased to be subject to naval law, the ability to pay the arrears or any part thereof and has failed to do so. 4 notwithstanding anything contained in any other law, where a proceeding for obtaining a decree or order for maintenance is started against a person subject to naval law, a the court may send the process for service on that person to the commanding officer of the ship on which such person is serving or on the books of which he is borne or b if, by reason of the ship being at sea or otherwise, it is impracticable for the court to send the process to the commanding officer, the court may, after not less than three weeks notice to the central government, send it to a secretary to that government for transmission to the commanding officer for service on that person: provided that such service shall not be valid unless there is sent along with the process such sum of money as may be prescribed to enable that person to attend the hearing of the proceeding and to return to his ship or quarters after such attendance. 5 if a decree or order is passed or made in the proceeding against the person on whom the process is served, the sum sent along with the process shall be awarded as costs of the proceeding against that person. 6 no process in any proceeding under this section shall be valid against a person subject to naval law if served on him after he is under orders for service at a foreign station or beyond indian waters. 7 the production of a certificate of the receipt of the process purporting to be signed by such commanding officer as aforesaid shall be evidence that the process has been duly served, unless the contrary is proved. 8 where by a decree or order a copy whereof has been sent to the central government or the chief of the naval staff or the prescribed authority under clause b of subsection 2, the person against whom the decree or order has been passed or made is directed to pay as costs any sum sent along with the process referred to in the proviso to subsection 4, the central government may pay to the person entitled an amount in full satisfaction of that sum and the amount so paid by the central government shall be deemed to be a public demand recoverable from the person against whom the decree or order has been passed or made, and without prejudice to any other mode of recovery, may be recovered by deduction from his pay, in addition to the deductions authorised by subsection 2. 9 where any person subject to naval law has made an allotment of any part of his pay and allowances for the benefit of his wife, that allotment shall not be discontinued or reduced until the central government or the chief of the naval staff or the prescribed authority is satisfied that the allotment should no longer be made or should be reduced. 10 in this section, the expression pay includes all sums payable to a person subject to naval law in respect of his services other than allowances in lieu of lodgings, rations, provisions, clothing and travelling allowances.

section 32. of the navy act : except when the deductions are made under subsections 1, 2 and 4 of section 28 or subsections 1 and 2 of section 29, the total deductions from the pay and allowances of an officer or 1sailor shall not exceeded in any one month onehalf of his pay and allowances for that month. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 33. of the navy act : 1 any deduction from the pay and allowances authorised by or under this act may be remitted by the chief of the naval staff in his discretion. 2 such deduction may also be remitted in such manner and to such extent and by such other authority as may be prescribed.

section 34. of the navy act : 134. misconduct by officers or persons in command.every flag officer, captain or other person subject to naval law who, being in command of any ship, vessel or aircraft of the indian navy, or any naval establishment a fails to use his utmost exertions to bring into action any such ship, vessel or aircraft which it is his duty to bring into action or b surrenders any such ship, vessel or aircraft to the enemy when it is capable of being successfully defended or destroyed or c fails to pursue the enemy whom it is his duty to pursue or to assist to the utmost of his ability any friend whom it is his duty to assist or d in the course of any action by or against the enemy improperly withdraws from the action or from his station or fails in his own person and according to his rank to encourage the persons under his command to fight courageously or e surrenders any such naval establishment or any part of such an establishment to the enemy when it is capable of being successfully defended or when it is his duty to cause it to be destroyed, shall, a if such act is committed with intent to assist the enemy or from cowardice, be punished with death or such other punishment as is hereinafter mentioned and b in any other case, be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned. 1. subs. by s. 7, ibid., for sections 34 to 37 w.e.f. .

section 36. of the navy act : 136. delaying or discouraging action or service commanded.every person subject to naval law who wilfully delays or discourages upon any pretext whatsoever, any action or service which has been commanded on the part of the navy, regular army, or air force or of any forces cooperating therewith shall, a if such act is committed with intent to assist the enemy, be punished with death or such other punishment as is hereinafter mentioned and b in any other case, be punished with imprisonment which may extend to seven years or such other punishment as is hereinafter mentioned. 1. subs. by s. 7, ibid., for sections 34 to 37 w.e.f. .

section 37. of the navy act : 137. penalty for disobedience in action.every person subject to naval law who, being in the presence or vicinity of the enemy or having been ordered to be prepared for action by or against the enemy a desert his post or b sleeps upon his watch, shall be punished with death or such other punishment as is hereinafter mentioned. 1. subs. by s. 7, ibid., for sections 34 to 37 w.e.f. .

section 43. of the navy act : every person subject to naval law, who, a joins in a mutiny or b begins, incites, causes or conspires with any other persons to cause, a mutiny or c endeavours to incite any person to join in a mutiny or to commit an act of mutiny or d endeavours to seduce any person in the regular army, navy or air force from his allegiance to the constitution or loyalty to the state or duty to his superior officers or uses any means to compel or induce any such person to abstain from acting against the enemy or discourage such person from acting against the enemy or e does not use his utmost exertions to suppress 1or prevent a mutiny or f wilfully conceals any traitorous or mutinous practice or design or any traitorous words spoken against the state or g knowing or having reason to believe in the existence of any mutiny or of any intention to mutiny does not without delay give information thereof to the commanding officer of his ship or other superior officer or h utters words of sedition or mutiny shall be punished with death or such other punishment as is hereinafter mentioned 1. ins by act 53 of , s. 10 w.e.f. .

section 38. of the navy act : every person not otherwise subject to naval law who is or acts as a spy for the enemy shall be punished under this act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

section 44. of the navy act : every person not otherwise subject to naval law who being on board any ship or aircraft of the indian navy or on board any ship in the service of the government endeavours to seduce from his allegiance to the constitution or loyalty to the state or duty to superior officers any person subject to naval law shall be punished under this act with death or such other punishment as is hereinafter mentioned as if he were a person subject to naval law.

section 39., with the enemy. of the navy act : every person subject to naval law, who, a traitorously holds correspondence with the enemy or gives intelligence to the enemy or b fails to make known to the proper authorities any information he may have received from the enemy or c assists the enemy with any supplies or d having been made a prisoner of war, voluntarily serves with or aids the enemy shall be punished with death or such other punishment as is hereinafter mentioned.

section 45. of the navy act : every person subject to naval law who commits any of the following offences, that is to say, a strikes or attempts to strike his superior officer or b draws or lifts up any weapon against such officer or c uses or attempts to use any violence against such officer shall be punished, if the offence is committed on active service with imprisonment for a term which may extend to ten years or such other punishment as is hereinafter mentioned and in any other case, with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

section 41. of the navy act : every person subject to naval law, who, a deserts his post or b sleeps upon his watch or 1c fails to perform or negligently performs the duty imposed on him or d wilfully conceals any words, practice or design tending to the hindrance of the naval service shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned. 1. subs. by act 53 of , s. 8, for clause c w.e.f. .

section 40. of the navy act : every person subject to naval law who without any traitorous intention holds any improper communication with the enemy shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

section 42. of the navy act : 142. mutiny defined.mutiny means any assembly or combination of two or more persons subject to naval law, the army act, 40 of , or the air force act, 40 of , or between persons two at least of whom, are subject to naval law or any such act, a to overthrow or resist lawful authority in the navy, regular army or air force or any part of any one or more of them or any forces cooperating therewith or any part thereof or b to disobey such authority in such circumstances as to make the disobedience subversive of discipline or with the object of avoiding any duty or service against, or in connection with operations against, the enemy or c to show contempt to such authority in such circumstances as to make such conduct subversive of discipline or d to impede the performance of any duty or service in the navy, regular army or air force or any part of any one or more of them or any forces cooperating therewith or any part thereof. 1. subs. by s. 9, ibid., for section 42 w.e.f. .

section 46. of the navy act : every person subject to naval law who is guilty of illtreating any other person subject to such law, being his subordinate in rank or position, shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

section 47. of the navy act : every person subject to naval law, who, a wilfully disobeys any lawful command of his superior officer or b in the presence of his superior officer, or otherwise shows or expresses his intention to disobey a lawful command given by such superior officer or c uses insubordinate, threatening or insulting language to his superior officer or d behaves with contempt to his superior officer shall, if the offence is committed on active service or in a manner to show wilful defiance of authority, be punished with imprisonment for a term which may extend to ten years or such other punishment as is hereinafter mentioned and in other cases, be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

section 48. of the navy act : every person subject to naval law, who, a quarrels, fights with or strikes any other person, whether such person is or is not subject to naval law or b uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance or c behaves in a disorderly manner shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 49. of the navy act : 1 every person subject to naval law who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert. 2 every person who deserts shall, a if he deserts to the enemy, be punished with death or such other punishment as is hereinafter mentioned or b if he deserts under any other circumstances, be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned and in every such case he shall forfeit all pay, head money, bounty, salvage, prize money and allowances that have been earned by him and all annuities, pensions, gratuities, medals and decorations that may have been granted to him and also all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the central government or the chief of the naval staff, otherwise directs.

section 50. of the navy act : every person subject to naval law who endeavours to seduce any other person subject to naval law to desert shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 54. of the navy act : 1 every officer subject to naval law who is guilty of cruelty shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned. 2 every officer subject to naval law who is guilty of any scandalous or fraudulent conduct or of any conduct unbecoming the character of an officer shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 51. of the navy act : every person subject to naval law who without being guilty of desertion improperly leaves his ship or place of duty 1or any place where he is required to be or is absent without leave shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and shall also be punished by such mulcts of pay and allowances as may be prescribed. 1. ins by act 53 of , s. 11 w.e.f. .

section 52. of the navy act : 11 every person subject to naval law who is guilty of drunkenness shall, if the offence is committed on active service, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned and in other cases be punished with imprisonment for a term which may extend to six months or such other punishment as is hereinafter mentioned. 22 for the purpose of subsection 1, a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the naval service. 1. section 52 renumbered as subsection 1 thereof by s. 12, ibid. w.e.f. . 2. ins. by s. 12, ibid. w.e.f. .

section 53. of the navy act : every person subject to naval law who is guilty of, a uncleanness or b any indecent act shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 55b. of the navy act : 155b. inaccurate certificate.every person subject to naval law who signs any certificate in relation to an aircraft or aircraft material belonging to or in the service of the government without ensuring the accuracy thereof, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned. 1. ins. by s. 14, ibid. w.e.f. .

section 55a. of the navy act : 155a. dangerous unauthorised flying.every person subject to naval law, who is guilty of any act or neglect in flying or in the use of any aircraft of the indian navy or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, a if he acts wilfully or with wilful neglect, be punished with imprisonment for a term which may extend to fourteen years 2or such other punishment as is hereinafter mentioned and b in any other case, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned. 1. ins. by s. 14, ibid. w.e.f. . 2. ins. by act 48 of , s. 2 w.e.f. .

section 58. of the navy act : every person subject to naval law who wastefully expends or fraudulently buys, sells or receives any property of government or property belonging to a naval, military or air force mess, band or institution, and every person who knowingly permits any such wasteful expenditure, or any such fraudulent purchase, sale or receipt, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 55. of the navy act : 1 every person subject to naval law who 1wilfully loses, strands or hazards or suffers to be lost, stranded or hazarded any ship of the indian navy or in the service of the government, or loses or suffers to be lost any aircraft of the indian navy or in the service of the government shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned. 2 every person subject to naval law who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship of the indian navy or in the service of the government, or loses or suffers to be lost any aircraft of the indian navy or in the service of the government shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned. 1. subs. by act 53 of , s. 14, for designedly w.e.f. .

section 55c. low flying and annoyance by flying of the navy act : 155c. low flying and annoyance by flying.every person subject to naval law being the pilot of an aircraft of the indian navy, who a flies it at a height less than the minimum height authorised by his commanding officer or appropriate service authority except while taking off or landing or b flies it so as to cause or likely to cause unnecessary annoyance to any person, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned. 1. ins. by s. 14, ibid. w.e.f. .

section 55d. of the navy act : 155d. disobedience of lawful command of captain of an aircraft.every person subject to naval law, who while he is in an aircraft belonging to or in the use of the government, disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to naval law or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned. 1. ins. by s. 14, ibid. w.e.f. .

section 57.taking unauthorised goods on board ship of the navy act : every officer subject to naval law in command of any ship of the indian navy who receives on board or permits to be received on board such ship any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be shipwrecked or in imminent danger either on the high seas or in some port, creek, or harbour, for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may at any time be ordered to take or receive on board by order of the central government or his superior officer, shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned.

section 56. offences by officers in charge of convoy of the navy act : 1 all officers appointed for the convoy and protection of any ships or vessels shall diligently perform their duty without delay according to their instructions in that behalf. 2 every such officer subject to naval law, who, a does not defend the ships and goods under his convoy without deviation to any other objects or b refuses to fight in their defence if they are assailed or c cowardly abandons and exposes the ships in his convoy to hazard or d demands or exacts any money or other reward from any merchant or master for convoying any ships or vessels entrusted to his care or e misuses the masters or mariners thereof shall be punished with death or such other punishment as is hereinafter mentioned, and shall also make such reparation in damages to the merchants, owners and others as a civil court of competent jurisdiction may adjudge.

section 63. of the navy act : 1 all the papers, charterparties, bills of lading passports and other writings whatsoever that shall be taken, seized, or found 1aboard any ships which are taken as prize shall be duly preserved and the commanding officer of the ship which takes such prize shall send the originals entire and without fraud to the court of competent jurisdiction or such other court or commissioners as shall be authorised to determine whether such prize be lawful capture, there to be viewed, made use of and proceeded upon according to law. 2 every commanding officer who wilfully fails to send the papers, charterparties, bills of lading, passports or other writings whatsoever that shall be taken, seized, or found 1aboard any ships which are taken as prize to the proper court or other authority shall be punished with dismissal from the naval service or such other punishment as is hereinafter mentioned and in addition shall forfeit and lose any share of the capture. 1. subs. by act 58 of , s. 3 and the second schedule, for abroad w.e.f. .

section 59.arson of the navy act : every person subject to naval law who unlawfully sets fire to any dockyard, victualling yard or steam factory yard, arsenal, magazine, building, stores or to any ship, vessel, hoy, barge, boat, aircraft, or other craft or furniture thereunto belonging, not being the property of an enemy, shall be punished with death or such other punishment as is hereinafter mentioned.

section 60. of the navy act : every person subject to naval law a who knowingly makes or signs a false report, return, list, certificate, book, muster or other document to be used for official purposes or b who commands, counsels or procures the making or signing thereof or c who aids or abets any other person in the making or signing thereof or d who knowingly makes, commands, counsels or procures the making of, a false or fraudulent statement or a fraudulent omission in any such document shall be punished with imprisonment for a term which may extend to seven years or such other punishment as is hereinafter mentioned.

section 66.unlawful taking of ransoming a prize of the navy act : every commanding officer of a ship of the indian navy subject to naval law, who, a by collusion with the enemy take as prize any vessel, goods or thing or b unlawfully agrees with any person for the ransoming of any vessel, goods or thing taken as prize or c in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, goods or thing taken as prize shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 67. of the navy act : every person subject to naval law who breaks bulk on board any vessel taken as prize, or detained in the exercise of any beligerent right or under any law relating to piracy or to the slave trade or to the customs, with intent dishonestly to misappropriate anything therein or belonging thereto, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 61. of the navy act : every person subject to naval law a who wilfully does any act or wilfully disobeys any orders whether in hospital or elsewhere with intent to produce or to aggravate any disease or infirmity or to delay his cure or b who feigns any disease, infirmity or inability to perform his duty shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

section 62. of the navy act : every person subject to naval law who has any cause of complaint either of the unwholesomeness of the victuals or upon any other just ground shall quietly make the same known to his superior or captain or to the chief of the naval staff, in accordance with the prescribed channels of communication and the said superior, captain or chief of the naval staff shall, as far as he is able, cause the same to be presently remedied and every person subject to naval law who upon any pretence whatever attempts to stir up any disturbance shall be punished with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned.

section 68. of the navy act : every person subject to naval law who neglects to obey or contravenes any provisions of this act or any regulation made under this act or any general or local order, shall, unless other punishment is provided in this act for such neglect or contravention, be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 64. of the navy act : every person subject to naval law who takes out of any prize or ship seized for prize, any money, plate or goods, unless it is necessary for the better securing thereof, or for the necessary use and service of any ships of war of the indian navy, before the same be adjuged lawful prize in a court of competent jurisdiction, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned, and in addition shall forfeit and lose his share of the capture.

section 65. of the navy act : every person subject to naval law who in any sort pillages, beats, or illtreats officers, mariners or other persons on board a ship or vessel taken as prize or who unlawfully strips them off their clothes, shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 69. of the navy act : every person subject to naval law, who, a being duly summoned or ordered to attend as a witness before a courtmartial wilfully or without reasonable excuse fails to attend or b refuses to take an oath or make an affirmation legally required by a courtmartial to be taken or made or c being sworn, refuses to answer any questions which he is in law bound to answer or d refuses to produce or deliver up a document in his power which the court may legally demand or e is guilty of contempt of courtmartial shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

section 70. fraudulent entry of the navy act : every person who upon entry into or offering himself to enter the naval service wilfully makes or gives any false statement whether orally or in writing to any officer or person authorised to enter or enrol 1sailors or others in or for such naval service, shall, if he has become subject to naval law, be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 76. of the navy act : any person subject to naval law who abets the commission of any of the offences specified in sections 34 to 74 shall, whether the act abetted is committed or not in consequence of the abetment, and where no express provision is made by this act for the punishment of such abetment, be punished with the punishment provided for that offence.

section 71. escape from custody of the navy act : every person subject to naval law who being in lawful custody escapes or attempts to escape from such custody shall be punished with imprisonment for a term which may extend to five years or such other punishment as is hereinafter mentioned.

section 78. of the navy act : 1 subject to the provisions of subsection 2, every person subject to naval law who is charged with a naval offence or a civil offence may be tried and punished under this act regardless of where the alleged offence was committed. 2 a person subject to naval law who commits an offence of murder against a person not subject to army, naval or air force law or an offence of culpable homicide not amounting to murder against such person or an offence of rape in relation to such person shall not be tried and punished under this act unless he commits any of the said offences a while on active service or b at any place outside india or c at any place specified by the central government by notification in this behalf.

section 79.jurisdiction as to time of the navy act : no person unless he is an offender who has avoided apprehension or fled form justice or committed the offence of desertion or fraudulent entry or the offence of mutiny shall be tried or punished in pursuance of this act for any offence committed by him unless such trial commences within three years from the commission of such offence: provided that in the computation of the said period of three years any time during which an offender was outside indial or any time during which he was a prisoner of war shall be deducted: 1 provided further that in computation of the said period of three years, any time during which, a the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whichever is earlier b it was not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the authority investigating into the offence, whichever is earlier, shall be excluded provided also that where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the said period of three years, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn shall be excluded: provided also that no trial for an offence of desertion other than desertion on active service or fraudulent entry shall be commenced if the person in question not being an officer has subsequently to the commission of the offence served continuously in an exemplary manner for not less than three years in the indian navy. 1. subs. by act 23 of , s. 3, for proviso further that w.e.f. .

section 73. of the navy act : every member of the indian naval reserve forces 1and every person belonging to any auxiliary forces raised under this act who, when called up for training or when called up into actual service with the indian navy in pursuance of the regulations made under this act, and required by such call to join any ship or attend at any place, fails, without reasonable excuse to comply with such requirement, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned. 1. ins. by s. 15, ibid. w.e.f. .

section 72. of the navy act : every person subject to naval law, who, a does not use his utmost endeavours to detect, apprehend or bring to punishment all offenders against this act or b does not assist the officers appointed for that purpose shall be punished with imprisonment for a term which may extend to two years or such other punishment as is hereinafter mentioned.

section 75. of the navy act : every person subject to naval law who attempts to commit any of the offences specified in sections 34 to 74 and 76 and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this act for the punishment of such attempt, be punished, a if the offence attempted to be committed is punishable with death, with imprisonment for a term which may extend to fourteen years or such other punishment as is hereinafter mentioned, and b if the offence attempted to be committed is punishable with imprisonment, with onehalf of the maximum punishment provided for the offence or with such other punishment as is hereinafter mentioned.

section 80.trial after a person ceases to be subject to naval law of the navy act : when any offence mentioned in this chapter has been committed by any person while subject to naval law and such person has since the commission of the offence ceased to be subject to naval law, he may be taken into and kept in custody, tried and punished under this act for such offence in like manner as he may have been taken into and kept in custody, tried and punished if he had continued subject to naval law: provided that he shall not be tried for such offence except in the case of an offence of mutiny or desertion, unless the trial against him commences within six months after he has ceased to be so subject.

section 74.offences against good order and naval discipline of the navy act : every person subject to naval law who is guilty of an act, disorder, or neglect to the prejudice of good order and naval discipline, not hereinbefore specified, shall be punished with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

section 77.civil offences of the navy act : 1 every person subject to naval law who commits a civil offence punishable with death or with imprisonment for life shall be punished with the punishment assigned for that offence. 2 every person subject to naval law who commits any other civil offence shall be punished either with the punishment assigned for the offence or with imprisonment for a term which may extend to three years or such other punishment as is hereinafter mentioned.

section 81. of the navy act : 1 the following punishments may be inflicted under this act, namely: a death b imprisonment which may be for the term of life or any other lesser term c dismissal with disgrace from the naval service d detention e dismissal from the naval service f forfeiture of seniority in rank in the case of officers 1and master chief petty officers g forfeiture of time for promotion in the case of 2officers below the rank of commander and master chief petty officers h dismissal from the ship to which the offender belongs i 3reduction in rank, in the case of 4petty officers and persons holding leading rates j fine, in respect of civil offences k mulcts of pay and allowances l severe reprimand or reprimand m forfeiture of pay, head money, bounty, salvage, prize money and allowances earned by, and all annuities, pensions, gratuities, medals and decorations granted to, the offender or of any one or more of the above particulars also in the case of desertion, of all clothes and effects left by the deserter in the ship to which he belongs n such minor punishments as are inflicted according to the custom of the navy or may from time to time be prescribed. 2 each of the punishments specified in subsection 1 shall be deemed to be inferior in degree to every punishment preceding it in the above scale. 1. ins. by act 48 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for subordinate officers w.e.f. . 3. subs. by s. 3, ibid., for disrating w.e.f. . 4. subs. by s. 3, ibid., for subordinate and petty officers w.e.f. .

section 82.provisions as to award of punishment of the navy act : 1 the punishments that may be inflicted under this act shall be awarded in accordance with the provisions of the following subsections. 2 except in the case of mutiny in time of war or on active service, the punishment of death shall not be inflicted on any offender until the sentence has been confirmed by the central government. 3 the punishment of imprisonment for a term exceeding two years shall in all cases be accompanied by a sentence of dismissal with disgrace from the naval service. 4 the punishment of imprisonment for a term not exceeding two years may in all cases be accompanied by a sentence of dismissal with disgrace or dismissal from the naval service: provided that in the case of officers, unless the sentence of dismissal with disgrace is also awarded, such sentence of imprisonment shall involve dismissal from the naval service. 5 the sentence of imprisonment may be rigorous or simple, or partly rigorous and partly simple. 6 the sentence of dismissal with disgrace shall involve in all cases forfeiture of all pay, head money, bounty, salvage, prize money and allowances that have been earned by and of all annuities, pensions, gratuities, medals and decorations that may have been granted to the offender and an incapacity to serve government again in a defence service, or a civil service, or to hold any post connected with defence or any civil post under the government: provided that the forfeiture of moneys shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction. 7 the punishment of dismissal from the naval service shall in the case of persons who hold any lien on appointments in the regular army or air force, involve dismissal from such army or air force service. 8 the punishment of detention may be inflicted for any term not exceeding two years but no sentence of detention shall be awarded unless naval detention quarters or army or air force detention barracks are in existence. 9 the punishment of imprisonment or detention whether on board ship or on shore shall, subject to the provisions of subsection 14, involve 1reduction in rank, in the case of a petty officer or a person holding a leading 2rank, and shall in all cases be accompanied by stoppage of pay and allowances during the term of imprisonment or detention: provided that where the punishment awarded is detention for a term not exceeding fourteen days, the sentence may direct that the punishment shall not be accompanied by stoppage of pay and allowances during the term of detention. 10 no officer shall be subject to detention. 11 the punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence. 12 the punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pay, pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pay, pension, gratuity and promotion and other purposes depend upon such service. 312a no master chief petty officer shall be subject to the punishment of forfeiture of seniority of more than twelve months. 13 the punishment of forfeiture of time for promotion shall delay the promotion by the time specified, 313a no master chief petty officer shall be subject to the punishment of forfeiture of time for promotion of more than twelve months. 14 no person shall be 4reduced in rank below the limits prescribed, or lower either actually or relatively than the 5rank in which he entered or was appointed in the naval service. 15 mulcts of pay and allowances shall not be awarded except as provided in subsections 16 and 17. 16 mulcts of pay and allowances shall be awarded in accordance with the regulations made under this act on conviction of offences under section 31. 17 mulcts of pay may also be awarded to make good any proved loss or damage occasioned by the offence on which there is a conviction, and for the offence of drunkenness by 6sailors. 18 the punishment of fine may be awarded in respect of civil offences in addition to, or in lieu of, other punishments specified in this act. 19 the forfeiture of moneys under clause m of subsection 1 of section 81 shall not, except in case of desertion apply to moneys which should have been paid on the last pay day preceding conviction. 20 all other punishments authorised by this act may be inflicted in such manner as is heretofore in use in the naval service or as may be prescribed. 21 subject to the provisions of the foregoing subsections, where any punishment is specified by this act as the penalty for an offence and it is further declared that such other punishment as is hereinafter mentioned may be awarded in respect of the same offence, the expression such other punishment shall be deemed to comprise any one or more of the punishments inferior in degree to the specified punishment according to the scale of punishments laid down in subsection 1 of section 81. 1. subs. by act 48 of , s. 4, for distracting w.e.f. . 2. subs. by s. 4, ibid., for rate w.e.f. . 3. ins. by s. 4, ibid. w.e.f. . 4. subs. by s. 4, ibid., for distracting w.e.f. . 5. subs. by s. 4, ibid., for rate w.e.f. . 6. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 83. of the navy act : 1 the chief of the naval staff, every officer in command of a fleet or squadron of ships of the indian navy or of any ship of the indian navy or the senior officer present at a port or an officer having by virtue of subsections 2 and 3 of section 93 power to try offences, may, by warrant under his hand, authorise any person to arrest any offender subject to naval law for any offence triable under this act mentioned in such warrant and any such warrant may include the names of more persons than one in respect of several offences of the same nature. 2 any person named in any such warrant as aforesaid may, forthwith on his arrest, if the warrant so directs, be taken to the ship of the indian navy to which he belongs or some other ship of the indian navy. 3 a person authorised to arrest an offender may use such force as may be necessary for the purpose of effecting such arrest. 4 where a warrant under subsection 1 is issued to a police officer, the police officer shall take steps to execute the warrant and arrest the offender in like manner as if such warrant had been issued by a magistrate of competent jurisdiction and shall, as soon as may be, deliver the person when arrested into naval custody.

section 88. of the navy act : subject to the provisions of this act, the procedure before trial and the manner of investigation shall be as prescribed.

section 84. of the navy act : 1 any person subject to naval law may be ordered without warrant into naval custody by any superior officer for any offence triable under this act. 2 a person subject to naval law may arrest without warrant any other person subject to naval law though he may be of a higher rank who in his view commits an offence punishable with death, or imprisonment for life or for a term which may extend to fourteen years. 3 a provostmarshal may arrest any person subject to naval law in accordance with the provisions of section 89. 4 it shall be lawful for the purpose of effecting arrest, or taking a person into custody, without warrant to use such force as may be necessary for the purpose.

section 86. of the navy act : the charge made against any person subject to naval law taken into custody shall without any unnecessary delay be investigated by the proper authority and as soon as may be either proceedings shall be taken for the trial or such person shall be discharged from custody.

section 87. of the navy act : 1 the commanding officer shall be responsible for the safe custody of every person who is in naval custody on board his ship or in his establishment. 2 the officer or 1sailor in charge of a guard, or a provostmarshal shall receive and keep any person who is duly committed to his custody. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 85. of the navy act : 1 no person subject to naval law who is arrested under this act shall be detained in naval custody without being informed, as soon as may be, of the grounds for such arrest. 2 every person subject to naval law who is arrested and detained in naval custody shall be produced before his commanding officer or other officer prescribed in this behalf within a period of fortyeight hours of such arrest excluding the time necessary for the journey from the place of arrest to such commanding or other officer and no such person shall be detained in custody beyond the said period without the authority of such commanding or other officer.

section 90. of the navy act : for every distinct offence of which any person is accused, there shall be a separate charge but except as otherwise provided by regulations made under this act all separate charges may be tried together.

section 89.provostmarshals of the navy act : 1 provostmarshals may be appointed by the chief of the naval staff or the prescribed officer. 2 the duties of a provostmarshal or to take charge of persons in naval custody, to preserve good order and discipline and to prevent breaches of the same by persons subject to naval law or to the law in force relating to the government of the regular army or the air force. 3 a provostmarshal may at any time arrest and detain for trial any person subject to naval law who commits, or is charged with, an offence and may also carry into effect any punishment to be inflicted in pursance of a sentence passed under this act, but shall not inflict any punishment on his own authority: provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 4 for the purpose of subsections 2 and 3, a provostmarshal shall be deemed to include a provostmarshal and any of his assistants appointed under the law in force relating to the government of the regular army or the air force.

section 94.power of central government, chief of the naval staff and other officers to impose forfeiture of time or seniority of the navy act : 11 the central government may impose on any officer below the rank of commander one or more of the following punishments, namely: a forfeiture of seniority in rank of not more than twelve months b forfeiture of time for promotion of not more than twelve months c mulcts of pay and allowances. 2 the chief of the naval staff may impose on 2any officer below the rank of commander one or more of the following punishments, namely: a forfeiture of seniority in rank of not more than six months b forfeiture of time for promotion of not more than six months c mulcts of pay and allowances. 2a the flag officer commandinginchief of a naval command may, subject to regulations made under this act, impose on any officer below the rank of commander one or more of the following punishments, namely: a forfeiture of seniority in rank of not more than three months b forfeiture of time for promotion of not more than three months c severe reprimand or reprimand d mulcts of pay and allowances. 3 the commanding officer of a ship may. subject to regulations made under this act, may impose on any officer below the rank of commander one or more of the following punishments, namely: a forfeiture of seniority in rank of not more than three months b forfeiture of time for promotion of not more than three months c mulcts of pay and allowances. 4 in imposing punishments under subsections 1 32 and 2a, it shall not be necessary for the central government or the chief of the naval staff, as the case may be, to hear the accused in person or by any friend or counsel. 45 the commanding officer of a 5ship or the officerincharge of a naval academy may impose on any subordinate officer whilst under training such minor punishments, not higher than the punishment of severe reprimand or reprimand, as may, from time to time, be prescribed. 1 the central government may impose the punishment of forfeiture of time or seniority of not more than twelve months on any officer below the rank of commander. 2 the chief of the naval staff may impose the punishment of forfeiture of time or seniority of not more than six months on any officer below the rank of commander. 2a the flag officer commandinginchief of a naval command may, subject to regulations made under this act, impose on any officer below the rank of commander one or more of the following punishments, namely: a forfeiture of seniority in rank of not more than three months b forfeiture of time for promotion of not more than three months c severe reprimand or reprimand. 3 the commanding officer of a ship may subject to regulations made under this act, impose the punishment of forfeiture of time or seniority of not more than three months on any subordinate officer 1. subs. by act 23 of , s. 4, for subsections 1, 2, 2a, and 3 w.e.f. . 2. subs. by act 48 of , s. 5, for any subordinate officer w.e.f. . 3. subs. act, 48 of , s. 5, for and 2 w.e.f. . 4. ins. by act 53 of , s. 16 w.e.f. . 5. subs. by s. 5, ibid., for training ship w.e.f. .

section 91. of the navy act : if a single act or series of acts is of such a nature that it is doubtful which of several offences the acts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at one trial or he may be charged in the alternative with having committed some one of the said offences.

section 92. joinder of accused person of the navy act : the following persons may be charged and tried together, namely: i persons accused of the same offence committed in the course of the same transaction ii persons accused of an offence and persons accused of abetment of, or an attempt to commit, such offence and iii persons accused of different offences committed in the course of the same transaction: provided that in a trial by a courtmartial the trial judge advocate may, on the application made in this behalf by any accused, direct that each of the accused be tried separately by the same courtmartial.

section 93. power of courtmartial and commanding officers to try offences of the navy act : 1 an offence triable under this act may be tried and punished by courtmartial. 2 an offence not capital which is triable under this act and which is committed by a person other than an officer and in cases by this act expressly provided for when committed by an officer, may, subject to regulations made under this act be summarily tried and punished by the commanding officer of the ship to which the offender belongs at the time either of the commission or of the trial of the offence, subject to the restriction that the commanding officer shall not have power to award imprisonment or detention for more than three months, or to award dismissal with disgrace from the naval service: provided that no sentence of imprisonment or dismissal shall be carried into effect until approved by the prescribed authorities. 3 the power by this section vested in a commanding officer of a ship may, subject to regulations made under this act, a as respects 1sailors on board a tender to the ship, be exercised in the case of a single tender absent from the ship, by the officer in command of such tender and in the case of two or more tenders absent from the ship in company or acting together, by the officer in immediate command of such tenders b as respects sailors on board any boat belonging to the ship, be exercised when such boat is absent on detached service by the officer in command of the boat c as respects 1sailors on detached service either on shore or otherwise, be exercised by the officer in immediate command of those persons d as respects 1sailors quartered in naval barracks, be exercised by the officer in command of the barracks e as respects 1sailors attached to or serving with any body of the regular army or the air force under prescribed conditions be exercised by the commanding officer of any such body of the regular army or the air force. 4 the commanding officer of a ship or barracks may delegate the power of awarding punishments inferior in scale to dismissal, to other officers under his command in accordance with the regulations made under this act. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 96. of the navy act : 1 a disciplinary court shall be composed of not less than three nor more than five officers: provided that the majority of the officers including the president shall be officers of the executive branch of the naval service. 2 at least one of these officers composing the court shall be superior in rank to the officer under trial and in any case shall be of the rank of substantive or acting commander or of a higher rank. 3 a disciplinary court shall have power to impose any punishment inferior to detention in the scale hereinbefore contained, but no greater punishment. 4 the officers composing the disciplinary court shall be named by the authority ordering the same or by an officer empowered in this behalf by such authority. 5 subject to the provisions of the foregoing subsections, the procedure and practice of courtsmartial provided by or under this act shall apply to the procedure and practice of disciplinary courts subject to such modifications as may be prescribed.

section 95. of the navy act : when an officer is, in time of war or during active service, alleged to have been guilty of a disciplinary offence, that is to say of a breach of sections 41, 47, 48, 49, 51, 52, 68 and 74 or of any of those sections read with section 75 or 76, the officer having the power to order a courtmartial may, if he considers the offence to be of such a character as not to necessitate trial by courtmartial, in lieu of ordering a courtmartial, order a disciplinary court constituted as hereinafter mentioned.

section 104.administering oath or affirmation of the navy act : 1 before the court shall proceed to try the person charged, an oath or affirmation in the following form and manner shall be administered to the president and every member of the courtmartial in the order of their seniority by the trial judge advocate: i......................................do swear in the name of god solemnly affirm that i will duly and faithfully and to the best of my ability, knowledge and judgment administer justice according to law, without fear or favour, affection or illwill, and that i will not on any account at any time whatsoever disclose or discover the vote or opinion of any particular member of this courtmartial unless thereunto required in due course of law. 2 the trial judge advocate shall then be sworn or affirmed by the president in the following form: i......................................do swear in the name of god solemnly affirm that i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office according to law, without fear or favour, affection or illwill, and that i will not upon any account at any time whatsoever disclose or discover the vote or opinion of any particular member of this courtmartial unless thereunto required in due course of law.

section 100. of the navy act : the place in which a courtmartial is held for the purpose of trying an offence under this act shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them: provided that, if the court is satisfied that it is necessary or expedient in the public interest or for the ends of justice so to do, the court may at any stage of the trial of any particular case order that the public generally or any portion thereof or any particular person shall not have access to, or be or remain in, the place in which the court is held.

section 97. of the navy act : 1 courtsmartial shall be constituted and convened subject to the provisions of the following subsections. 2 the president, the chief of the naval staff, or any officer empowered in this behalf by commission from the chief of the naval staff shall have the power to order courtsmartial for the trial of offences under this act. 3 unless otherwise prescribed in respect of any specified port or station, an officer holding a commission from the chief of the naval staff to order courtsmartial shall not be empowered to do so if there is present at the place where such courtmartial is to be held an officer superior in rank to himself and in command of one or more of the ships of the indian navy although such last mentioned officer may not hold a commission to order courtsmartial and in such a case such last mentioned officer may order a courtmartial although he does not hold a commission for the purpose. 4 if an officer holding a commission from the chief of the naval staff to order courtsmartial, having the command of a fleet or squadron and being outside indian waters die, be recalled, leave his station or be removed from his command, the officer upon whom the command of the fleet or squadron devolves and so from time to time the officer who shall have the command of the fleet or squadron, shall without any commission from the chief of the naval staff have the same power to order courtsmartial as the first mentioned officer was invested with. 5 if an officer holding a commission from the chief of the naval staff to order courtsmartial and having the command of any fleet or squadron of the indian navy outside indian waters shall detach any part of such fleet or squadron, or separate himself from any part of such fleet or squadron he may by commission under his hand empower in the first mentioned case, the commanding officer of the squadron or detachment ordered on such separate service and in the case of his death or ceasing so to command, the officer to whom the command of such separate squadron or detachment shall belong, and in the second mentioned case, the senior officer of the ships of the indian navy on the division of the station from which he is absent, to order courtsmartial during the time of such separate service or during his absence from that division of the station as the case may be, and every such authority shall continue in force until revoked or until the officer holding it returns to india or until he comes into the presence of a superior officer empowered to order courtsmartial in the same squadron, detachment or division of station but so that such authority shall revive on the officer holding it ceasing to be in the presence of such a superior officer and so from time to time as often as the case so requires. 6 a courtmartial shall consist of not less than five nor more than nine officers. 7 no officer shall be qualified to sit as a member of a courtmartial unless a he is subject to naval law, b he is an officer of the indian navy of the rank of lieutenant or higher rank, and c he is of or over twentyone years of age. 8 a prosecutor shall not be qualified to sit on the courtmartial for the trial of the person he prosecutes. 9 the officer ordering the courtmartial, the officer who was the commanding officer of the ship to which the accused belonged at the time of the commission of the alleged offence and the officer investigating the offence shall not be qualified to sit on a court martial for the trial of such accused. 10 subject to the provisions of subsections 7 to 9, officers of the indian navy shall be eligible to sit as members of a courtmartial irrespective of the branch of the naval service to which they belong: provided that a the majority of the members of the courtmartial, including the president, shall be officers of the executive branch of the naval service, and b at trials for offences against sections 34, 35, 55, 155a, 55c and 56, officers other than officers of the executive branch of the naval service shall not be eligible to sit. 11 a courtmartial shall not be deemed to be duly constituted unless the members thereof are drawn from at least two ships not being tenders, and commanded by officers of the rank of lieutenant or higher rank. 12 the president of a courtmartial shall be named by the authority ordering the same or by any officer empowered by such authority to name the president. 13 no courtmartial for the trial of a flag officer shall be duly constituted unless the president is a flag officer and the other officers composing the court are of the rank of captain or of higher rank. 14 no courtmartial for the trial of a captain shall be duly constituted unless the president is a captain or of higher rank and 15 no courtmartial for the trial of a commander shall be duly constituted unless the president is a commander or of higher rank and two other members are commanders or officers of higher rank. 16 no courtmartial for the trial of a person below the rank of commander shall be duly constituted unless the president is a substantive or acting commander or of higher rank. 17 no commander or lieutenantcommander or lieutenant shall be required to sit as a member of a courtmartial when four officers of higher rank and junior to the president can be assembled at the place where the courtmartial is to be held, but the regularity or validity of any courtmartial or of the proceedings thereof shall not be affected by any commander, lieutenantcommander or lieutenant being required to sit or sitting thereon under any circumstances and when any commander, lieutenantcommander or lieutenant sits on any court martial, the members of it shall not exceed five. 18 members of the courtmartial other than the president shall be appointed, subject to the provisions of the foregoing subsections, in the manner provided in subsection 19. 19 subject to the provisions of subsection 11, the president shall summon all officers except such as are exempted under the provisions of subsection 20, next in seniority to himself present at the place where the courtmartial shall be held, to sit thereon until the number of nine or such other number not less than five as is attainable is complete. 20 the officer convening the courtmartial or the senior naval officer present at the place where the courtmartial is to be held, may exempt by writing under his hand conveyed to the president of the courtmartial any officer from attending as member on ground of sickness or urgent public duty. 21 in this section references to specified ranks of officers shall, unless otherwise stated, be deemed to be references to substantive ranks and to include references to equivalent ranks in all branches of the naval service. 22 when the naval forces are on active service, officers of the indian naval reserve forces subject to naval law shall be eligible to sit as members of courtsmartial on the same basis and under the same conditions as officers of the indian navy. 1. ins. by act 48 of , s. 6 w.e.f. .

section 103.further objections of the navy act : 1 the trial judge advocate shall then ask the accused whether he has any further objections to make respecting the constitution of the court and should the accused raise any such objection, it shall then be decided by the court, which decision shall be final and the constitution of the courtmartial shall not be afterwards impeached and it shall be deemed in all respects to have been duly constituted. 2 if the accused should have no further objection to make to the constitution of the court or if any objection is disallowed, the members and the trial judge advocate shall then make an oath or affirmation in the form set out in section 104.

section 98. of the navy act : a courtmartial may be held ashore or afloat.

section 105. of the navy act : 1 when the court is ready to commence the trial, the trial judge advocate shall read out the charges and shall ask the accused whether he pleads guilty or not guilty. 2 if the accused pleads guilty, then, before such plea is recorded, the trial judge advocate shall ensure that the accused understands the charge to which he has pleaded guilty and the difference of procedure which will result from the plea of guilty. 3 if it appears from the accuseds replies or from the summary of evidence prepared in the prescribed manner that he should not plead guilty, the trial judge advocate may advise the accused to withdraw his plea. 4 if the court accepts the plea of guilty, it shall be recorded as the finding of the court and the court shall proceed to take steps to pass sentence unless there are other charges to be tried in which event the sentence shall be deferred until after the findings on such charges are given.

section 99.trial judge advocate of the navy act : 1 every courtmartial shall be attended by a person in this act referred to as the trial judge advocate who shall be either a judge advocate in the department of the judge advocategeneral of the navy or any fit person appointed by the convening officer: provided that in the case of a courtmartial for the trial of a capital offence the trial judge advocate shall be a person nominated by the judge advocategeneral of the navy unless such trial is held outside indian waters. 2 the trial judge advocate shall administer oath to every witness at the trial and shall perform such other duties as are provided in this act and as may be prescribed.

section 106. of the navy act : 1 if the accused pleads not guilty or refuses to, or does not, plead or if he claims to be tried or if in the circumstances mentioned in subsection 3 of section 105 withdraws the plea of guilty or if the court does not accept the plea of guilty, the court shall proceed to try the accused. 2 the prosecutor shall open his case by reading the circumstantial letter prepared in accordance with the regulations made under this act, reading from this act or the indian penal code 45 of or other law the description of the offence charged and stating shortly by what evidence he expects to prove the guilt of the accused. 3 the prosecutor shall then examine his witnesses.

section 108. of the navy act : 1 at any time during the trial, should the court think it necessary, an impartial person may be employed to serve as an interpreter and sworn or affirmed as such in the following manner: i......................................do swear in the name of god solemnly affirm that i will to the best of my ability truly interpret and translate as i will be required to do touching the matter before this courtmartial. 2 during the trial, an impartial person shall be employed as a shorthandwriter and duly sworn or affirmed as such in the following manner: i......................................do swear in the name of god solemnly affirm that i will truly take down to the best of my power the evidence to be given before this courtmartial and such other matters as i will be required, and when required, will deliver to the court a true transcript of the same.

section 109. of the navy act : 1 before any person is sworn or affirmed as an interpreter or a shorthandwriter, the accused shall be asked if he objects to such person as not being impartial and the court shall decide the objection. 2 the evidence given by a witness shall be read over to him by the shorthandwriter before the witness leaves the court, if so required by the court or the witness.

section 102. of the navy act : the following provisions shall apply to the disposal of objections raised by the prosecutor as well as the accused: a any member may be objected to on a ground which affects his competency to act as an impartial judge and the trial judge advocate may reject summarily without reference to the members of the court any objection not made on such ground b objections to members shall be decided separately, those to the officer lowest in rank being taken first: provided that if the objection is to the president, such objection shall be decided first and all the other members whether objected to or not shall vote as to the disposal of the objection c on an objection being allowed by onehalf or more of the officers entitled to decide the objection, the member objected to shall at once retire and his place shall be filled up before an objection against another member is taken up d should the president be objected to and the objection be allowed, the court shall adjourn until a new president has been appointed by the convening authority or by the officer empowered in this behalf by the convening authority and e should a member be objected to on the ground of being summoned as a witness and should it be found that the objection has been made in good faith and that the officer is to give evidence as to facts and not merely as to character, the objection shall be allowed.

section 101. of the navy act : 1 as soon as the court has been assembled the accused shall be brought before it and the prosecutor, the person or persons, if any, defending the accused and the audience admitted. 2 except where the accused defends himself, he may be defended by such person or persons as may be prescribed. 3 the trial judge advocate shall read out the warrant for assembling the court and the names of officers who are exempted from attending under subsection 20 of section 97 together with the reasons for such exemption. 4 the trial judge advocate shall read out the names of the officers composing the court and shall ask the prosecutor whether he objects to any of them. 5 if the prosecutor shall have made no objection or after any objection made by the prosecutor has been disposed of, the trial judge advocate shall ask the accused if he objects to any member of the court.

section 111.plea of no case and defence of accused of the navy act : 1 when the examination of the witnesses for the prosecution is concluded, the accused shall be called on for his defence. 2 before entering on his defence, the accused may raise a plea of no case to answer. 3 if such a plea is raided, the court will decide the plea after hearing the accused and the prosecutor and the advice of the trial judge advocate. 4 if the court accepts the plea, the accused shall be acquitted on the charge or charges in respect whereof the plea has been accepted. 5 if the court overrules the plea, the accused shall be called upon to enter on his defence. 6 the trial judge advocate shall then inform the accused that he may give evidence as a witness on his own behalf should he desire to do so and should he make a request in writing to do so, but that he will thereby render himself liable to crossexamination. 7 if the accused does not apply to give evidence, he may make a statement as to the facts of the case, and if he has no defence witnesses to examine as to facts, the prosecutor may sum up his case and the accused shall be entitled to reply. 8 if the, accused or any one of the several accused applies to give evidence and there are no other witnesses in the case for the defence, other than witnesses as to character, then the evidence of such accused shall be recorded and if the accused so desires the witnesses as to character shall be examined and the prosecutor shall then sum up his case and the accused may reply. 9 if the accused or any one of the accused adduces any oral evidence as to facts other than his own evidence, if any, the accused may then sum up his case on the conclusion of that evidence and the prosecutor shall be entitled to reply.

section 110. of the navy act : 1 no witness shall be examined until he has been duly sworn or affirmed in the following manner: i......................................do swear in the name of god solemnly affirm that the evidence which i shall give before this court shall be the truth, the whole truth and nothing but the truth.. 2 every person giving evidence on oath or affirmation before a courtmartial shall be bound to state the truth.

section 107.calling of prosecution witness not in the original list of the navy act : no witness whose name was not included in the original list of witnesses supplied to the trial judge advocate and the accused in accordance with regulations made under this act shall be called by the prosecutor unless the trial judge advocate has given notice to the accused of the prosecutors intention to call such witness and has supplied the accused with a summary of the evidence of such witness.

section 112.adjournment to view of the navy act : 1 whenever the court thinks that it should view the place in which the offence charged is alleged to have been committed or any other place in which any other transaction material to the trial is alleged to have occurred, the court shall make an order to that effect and may then adjourn to the place to be viewed, along with the prosecutor and the accused and the person, if any, by whom the accused is represented. 2 the court on completion of the view shall adjourn and reassemble in the courtroom.

section 116.retirement to consider finding of the navy act : 1 after the trial judge advocate has finished his summing up, the court will be cleared to consider the finding. 2 the trial judge advocate shall not sit with the court when the court is considering the finding, and no person shall speak to or hold any communication with the court while the court is considering the finding.

section 119.evidence of character and previous convictions of the navy act : 1 if the accused is found guilty on any or all of the charges, the court before awarding punishment may call evidence as to the previous character and qualifications of the accused and in addition to any oral evidence of general character that may be adduced, shall take into consideration the following documents which shall be read by the trial judge advocate in open court: a for any officer i any entries against him relating to his previous convictions in the list of officers who have been tried by courtmartial and ii any previous entries against him in the log of the ship to which he may have belonged when the offence or offences for which he is being tried were committed and also any documents, other than such entries in the log, of the nature of a definite censure by superior authority, which log and documents the prosecution is to produce and iii any certificate or other documents of character which the accused may produce b for a 1sailor i the entries against him in the conduct and offences record sheets prior to the date of the offence charged, but subsequent to his joining his present ship, with character assessed from the previous 31st day of december to the date of the offence for which he may be under trial but excluding all consideration of the latter ii his certificate of service and iii any entries against him relating to his previous convictions in the list of those who have been tried by courtmartial. 2 the accused may then make a statement in mitigation of punishment and lead any evidence of character if he has not already done so before the finding. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 113. summing up by the trial judge advocate of the navy act : when the case for the defence and the prosecutors reply, if any, are concluded, the trial judge advocate shall proceed to sum up in open court the evidence for the prosecution and the defence and lay down the law by which the court is to be guided.

section 114.duties of the trial judge advocate of the navy act : 1 at all trials by courtsmartial it is the duty of the trial judge advocate to decide all questions of law arising in the course of the trial, and specially all questions as to the relevancy of facts which it is proposed to prove and the admissibility of evidence or the propriety of the questions asked by or on behalf of the parties and in his discretion to prevent the production of inadmissible evidence whether it is or is not objected to by the parties. 2 whenever in the course of a trial it appears desirable to the trial judge advocate that arguments and evidence as to the admissibility of evidence or arguments in support of an application for separate trials or on any other points of law should not be heard in the presence of the court, he may advise the president of the court accordingly and the president shall thereupon make an order for the court to retire or direct the trial judge advocate to hear the arguments in some other convenient place.

section 115.duties of the court of the navy act : it is the duty of the court to decide which view of the facts is true and then arrive at the finding which under such view ought to be arrived at.

section 117.announcement of the finding of the navy act : 1 when the court has considered the finding, the court shall be reassembled and the president shall inform the trial judge advocate in open court what is the finding of the court as ascertained in accordance with section 124. 2 the court shall give its findings on all the charges on which the accused is tried.

section 118.drawing up of the finding of the navy act : 1 the trial judge advocate shall then draw up the finding as announced by the court. 2 the finding so drawn up shall be signed by all the members of the court by way of attestation notwithstanding any difference of opinion there may have been among the members and shall be countersigned by the trial judge advocate. 3 where the finding on any charge is one of not guilty the court shall acquit the accused of that charge. 4 if the accused is acquitted of all the charges, the court shall, after signing the findings as provided in subsection 2, be dissolved. 5 neither the court nor the trial judge advocate shall announce in open court whether the finding was unanimous or not but the president shall make a record of the division of voting on each finding without disclosing the vote or opinion of any particular member of the courtmartial and such record shall be communicated to the trial judge advocate for transmission to the judge advocategeneral of the navy.

section 120.consideration of the sentence of the navy act : 1 the court shall then retire and consider and determine on the punishment proper to be inflicted in conformity with the finding, and all the members of the court, whether they have voted for an acquittal or not, shall vote on the question of what punishment is proper to be awarded for the offence of which the accused has been found guilty. 2 the trial judge advocate shall sit with the court while they are considering the sentence and assist the court in the determination of the sentence but shall not vote thereon.

section 122.adjournment of the navy act : 1 a courtmartial may, if it appears to the court that an adjournment desirable, be adjourned accordingly, but except where such an adjournment is ordered, shall sit from day to day with the exception of sundays until the trial is concluded, unless prevented from so doing by stress of weather or unavoidable accident. 2 the proceedings of a courtmartial shall not, after the commencement of a trial, be delayed by the absence of a member: provided that not less than four members are present: and provided further that if any member is absent from any part of the trial, he shall not thereafter take any part in the proceedings.

section 127.finding lesser offence proved on charge of greater offence of the navy act : 1 when a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence although he was not charged with it. 2 when a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he was not charged with it. 3 when a person is charged with an offence, he may be convicted of an attempt to commit such an offence, although the attempt is not separately charged.

section 123.provisions relating to dissolution of courtsmartial of the navy act : 1 a courtmartial assembled under this act shall be dissolved a when the number of members comprising the court is after the commencement of a trial reduced below four b by the prolonged illness of the president, trial judge advocate or the accused c by the death of the president or the trial judge advocate d on the making of a report under subsection 2 of section 143. 2 whenever a courtmartial is dissolved by virtue of subsection 1, the accused may be retired.

section 124. ascertaining the opinion of the court of the navy act : 1 subject to the provisions of subsections 2 and 3, every question for determination by a courtmartial shall be decided by the vote of the majority: provided that where there is an equality of votes, the decision most favourable to the accused shall prevail. 2 the sentence of death shall not be passed on any offender unless four at least of the members present at the courtmartial where the number does not exceed five, and in all other cases a majority of not less than twothirds of the members present, concur in the sentence. 3 where in respect of an offence, the only punishment which may be awarded is death, a finding that a charge for such offence is proved shall not be given unless four at least of the members present at the courtmartial where the number does not exceed five, and in all other cases a majority of not less than twothirds of the members present, concur in the finding.

section 121.announcement of the sentence of the navy act : 1 when the court has decided on the sentence whether unanimously or by majority, the trial judge advocate shall draw up the sentence in the prescribed form which shall be signed by every member of the court by way of attestation notwithstanding any difference of opinion there may have been among the members and shall be countersigned by the trial judge advocate. 2 the court shall then be reassembled and the accused brought in and the trial judge advocate shall by direction of the court pronounce the sentence. 3 the accused shall then be removed and the court dissolved.

section 128.transmission of proceedings to the judge advocate general of the navy of the navy act : the trial judge advocate shall transmit in accordance with the prescribed procedure with as much expedition as may be, the original proceedings or a complete and authenticated copy thereof and the original sentence of every courtmartial attended by him to the judge advocate general of the navy to be dealt with by him in accordance with the provisions of chapter xv.

section 125. finding that the offence was committed with intent involving less degree of punishment of the navy act : where the amount of punishment for any offence depends upon the intent with which it has been committed and any person is charged with having committed such an offence with an intent involving a greater degree of punishment, a courtmartial may find that the offence was committed with an intent involving less degree of punishment and award such punishment accordingly.

section 126.alternative findings of the navy act : if the accused is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged under section 91, he may be convicted of the offence which he is shown to have committed although he was not charged with it.

section 129.right of accused to copy of proceedings and sentence of the navy act : every person tried by a courtmartial and convicted shall be entitled on demand to one copy of the proceedings and sentence of such courtmartial free of cost but no such demand shall be allowed after the lapse of one year from the date of the final decision of such court.

section 130.application of the evidence act of the navy act : subject to the provisions of this act, the indian evidence act, 1 of , shall apply to all proceedings before a courtmartial.

section 131.accused competent witness for defence of the navy act : a person of an offence before a courtmartial shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: provided that a he shall not be called as a witness except on his own request in writing or b his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.

section 132.judicial notice of the navy act : a courtmartial may take judicial notice of any matter within the general naval, army or air force experience and knowledge of the members.

section 133. presumption as to certain documents of the navy act : 1 whenever it is necessary for the purposes of either the prosecution or the defence to prove the contents of any voucher, receipt, account, muster, ships book, letter, signal, telegram or other document made or kept in pursuance of any act of the legislature, any regulations framed under this act or of the custom of the service, a copy of the same purporting to be signed and certified as a correct copy by the officer for the time being commanding the ship in which the same was made or kept or by a secretary to the central government, may be received as evidence of such document and of the matters, transactions and accounts therein recorded. 2 a navy list or gazette or other official document purporting to be published by authority of the central government or the chief of the naval staff shall be evidence of the status and rank of officers therein mentioned and of any appointment held by such officers until the contrary is proved. 3 where it is shown that a person is borne on the books of a ship of the indian navy, such fact shall be evidence that such person is subject to naval law until the contrary is proved. explanation. in this section, the term books of a ship shall include any official book, document or list purporting to contain the name or names of persons appointed to the ship. 4 where any person subject to naval law is being tried on a charge of desertion, improperly leaving his ship, or absence without leave and such person has surrendered himself into custody of or has been apprehended by any person subject to naval law or by a person subject to the law relating to the government of the regular army or the air force, a certificate purporting to be signed by such person and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so stated unless the contrary is proved. 5 where any person subject to naval law is being tried on a charge of desertion, improperly leaving his ship, or absence without leave and such person has on arrest or surrender been taken to a police station, a certificate purporting to be signed by the officerincharge of the station and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters stated unless the contrary is proved. 16 any document purporting to be a report under the hand of: a any chemical examiner or assistant chemical examiner to the government b the chief inspector of explosives c the director of finger print bureau d the director of haffkeine institute, bombay e the director, deputy director or assistant director of a central forensic science laboratory or a state forensic science laboratory f the serologist to the government, uponany matter or thing duly submitted to him for examination or analysis, may be used an evidence in any proceeding under this act. 7 the statement of a naval, army or air force medical officer taken and attested by the commanding officer of a ship or establishment may be given in evidence in any proceeding under this act: provided that the court may, if it thinks fit, and shall if so required by the prosecutor or the accused, summon and examine such medical officer as to the subjectmatter of his statement. 8 if it is proved that an offender under this act has absconded and that there is no immediate prospect of arresting him, the commanding officer or other prescribed person may, in his absence, examine any person who might appear to him to be acquainted with the case and record their depositions on oath and any such deposition may on the arrest of such person be used in evidence against him in any proceeding under this act, if the deponent is dead or incapable of giving evidence or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable. 1. subs. by act 23 of , s. 5, for subsection 6 w.e.f. .

section 134.summoning of witnesses of the navy act : 1 every person who may be required to give evidence or produce a document before a courtmartial shall be summoned in the prescribed manner in writing under the hand of the judge advocate general of the navy or the trial judge advocate. 2 every person who may be required to give evidence before a commanding officer or the officer preparing a summary of evidence in accordance with the regulations made under this act or before a board of inquiry shall be summoned in the prescribed manner by writing under the hand of the judge advocate general of the navy or the senior officer in the station or such other officer prescribed in this behalf. 3 in the case of a witness subject to naval law or to the law relating to the government of the regular army or the air force, the summons shall be served in the manner prescribed. 4 in the case of any other witness, the summons shall be served either in the prescribed manner, or it shall be sent to the magistrate within whose jurisdiction the witness may be or resides and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. 5 when a witness is required to produce any particular document or thing in his possession or power, the summons shall describe it with reasonable precision. 6 every person not subject to naval law who may be summoned as aforesaid shall be allowed and paid such reasonable expenses as may be prescribed. 7 nothing in this section shall be deemed to affect the operation of sections 123 and 124 of the indian evidence act, 1 of , or to apply to any document in the custody of the postal or telegraph authorities.

section 135.commissions for examination of witnesses of the navy act : 1 whenever in the course of a trial by courtmartial, it appears to the trial judge advocate that the examination of a witness is necessary for the ends of justice and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable, the trial judge advocate may dispense with such attendance and may apply to the judge advocate general of the navy to issue a commission to 1any metropolitan magistrate or judicial magistrate of the first class within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 2 the trial in such an event may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 3 the judge advocate general of the navy on receipt of an application under subsection 1 may, if he thinks fit, issue a commission to the 2metropolitan magistrate or judicial magistrate of the first class or an authority exercising the powers equivalent to those of a judicial magistrate of the first class under the code of criminal procedure, 2 of , for the examination of the witness. 4 the magistrate or authority to whom the commission is issued or 3if he is a chief metropolitan magistrate or a chief judicial magistrate, he or such metropolitan magistrate or judicial magistrate of the first class as is appointed by him in this behalf shall proceed to such place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner and may for this purpose exercise the same powers as in trials of warrant cases under the 4code of criminal procedure, 2 of , or of any corresponding law in force at the place where the evidence is recorded. 1. subs. by act 48 of , s. 7, for any district magistrate or a magistrate of the first class w.e.f. . 2. subs by s. 7, ibid., for certain words and figures w.e.f. . 3. subs. by act 48 of , s. 7, for certain words w.e.f. . 4. subs. by s. 7, ibid., for code of criminal procedure, 5 of w.e.f. .

section 136. examination of witnesses on commission of the navy act : 1 where a commission is issued under the provisions of section 135, the prosecutor and the accused may respectively forward any interrogatories in writing which the trial judge advocate may think relevant to, the issue and the magistrate or authority to whom the commission is directed or to whom the duty of executing such commission has been delegated shall examine the witness upon such interrogatories. 2 the prosecutor and the accused may appear before such magistrate or authority by counsel or, except in the case of an accused person in custody, in person, and may examine, crossexamine arid reexamine, as the case may be, the said witness. 3 after a commission issued under section 135 has been duly executed, it shall be returned together with the deposition of the witness examined thereunder to the judge advocate general of the navy who issued the commission. 4 on receipt of the commission and the deposition returned under subsection 3, the judge advocate general of the navy shall forward the same to the trial judge advocate at whose instance the commission was issued. 5 the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused and may subject to all just exceptions be read in evidence in the case by either the prosecutor or the accused and shall form part of the proceedings of the trial. 6 any deposition so taken shall be received in evidence at any subsequent stage of the trial whether before the same court or, if the said court is dissolved meanwhile, before another court convened for the trial of the accused in respect of the same charges.

section 140.summary punishment for contempt of court by person not subject to naval law of the navy act : when any person not subject to naval law commits an offence as is described in section 165 in the presence of a courtmartial, such courtmartial may take such person into custody and at any time before the rising of the court on the same day, if it thinks fit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees or in default of payment to simple imprisonment for a term which may extend to one month, unless such fine shall be sooner paid.

section 137. power to summon and examine material witnesses of the navy act : 1 the trial judge advocate may, at any stage of the trial, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or recall and reexamine any person already examined and the trial judge advocate shall summon and examine or recall and reexamine any such person if his evidence appears to the court or to the trial judge advocate as essential to the just decision of the case. 2 summons to the witnesses shall be issued as provided under this act.

section 143.accused found insane during trial of the navy act : 1 where it appears in the course of the trial by courtmartial of any person, charged with an offence that such person is insane, the court shall find specially the fact of his insanity and shall order such person to be kept in strict custody in such place and in such manner as the court may deem fit until the directions of the central government thereupon are known. 2 every such case shall be reported by the court to the convening authority for orders of the central government and it shall be lawful for the central government to give orders for the safe custody of such person in such place and in such manner as the central government may deem fit. 3 whenever on the receipt of a report from the central government or otherwise the convening authority considers that such person is capable of making his defence, the convening authority may take steps to convene a courtmartial for the trial of such person.

section 138.power of court to pay compensation out of fine of the navy act : 1 whenever a courtmartial imposes a fine as a punishment, the court may when passing judgment order the whole or any part of the fine recovered to be applied, a in the payment to any person aggrieved as compensation for any loss or injury caused by the offence b when any person is convicted of any civil offence which includes theft, criminal misappropriation, criminal breach of trust or cheating or of having dishonestly received or retained or of having voluntarily assisted in disposing of stolen property knowing or having reason to believe the same to be stolen property, in compensating any bona fide purchaser of the property for the loss of the same if such property is restored to the possession of the person entitled thereto. 2 no such payment or compensation shall, however, be made before the expiry of fifteen days from the date of the sentence, and when a petition is presented against the conviction or sentence until the said petition is disposed of power of courtsmartial respecting contempt, etc.

section 139.summary punishment for contempt of court person subject to naval law of the navy act : when any person subject to naval law commits any offence as is described in section 69 in the presence of or in relation to a proceeding before a courtmartial such courtmartial may punish the offender summarily by imprisonment for a term which may extend to three months or such other less punishment as may be awarded for that offence under section 69.

section 141.powers of courtmartial when certain offences are committed by persons not subject to naval law of the navy act : when any such offence as is described in section 165 of this act, or section 193, section 194, section 195, section 196, section 199, section 200, section 228, section 463 or section 471 of the indian penal code 45 of is committed by any person not subject to naval law in or in relation to a proceeding before a courtmartial, such courtmartial or the officer ordering the same if such courtmartial is dissolved, may exercise the powers 1under section 340 of the code of criminal procedure, 2 of , as if it or he were a criminal court within the meaning of that section. 1. subs. by act 48 of , s. 8, for under section 476 of the code of criminal procedure, 5 of w.e.f. .

section 142.powers of courts martial and disciplinary courts in relation to proceedings under this act of the navy act : any trial by a courtmartial or disciplinary court under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the courtmartial or disciplinary court shall be deemed to be a court within the meaning of 1sections 345 and 346 of the code of criminal procedure, 2 of . 1. subs by s. 9, ibid., for under sections 480 and 482 of the code of criminal procedure code, 5 of w.e.f. .

section 146.disposal of property regarding which offence is committed of the navy act : 1 when the trial before any courtmartial is concluded, the court may make such order as it thinks fit for the disposal by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of any offence: provided that except in the case of property which is subject to speedy or natural decay such property or document shall, if so required by regulations, made under this act, be kept in custody until the orders of the chief of the naval staff are known. 2 an order under subsection 1 shall not be carried out for one month, unless the property is subject to speedy or natural decay. 3 when an order under this section cannot be conveniently carried out by persons in the naval service, a copy of such order certified by the chief of the naval staff or an officer prescribed in this behalf, may be sent to a magistrate within whose jurisdiction the property is for the time being situate and such magistrate shall thereupon take steps to cause the order to be carried into effect as if it were an order passed by him. explanation. in this section the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged and anything acquired by such conversion or exchange whether immediately or otherwise.

section 144.lunacy of the accused at the time of offence of the navy act : 1 whenever any person subject to naval law is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall specifically state whether he committed the act or not. 2 whenever the finding made under subsection 1 states that the accused person committed the act alleged, the courtmartial shall, if such act would, but for the incapacity found, have constituted an offence, order such person to be detained in safe custody in such place and in such manner as may be prescribed and shall report the action taken to the officer convening the court. 3 the officer convening the court shall then report the case for the orders of the central government and shall take necessary steps to detain the said person in safe custody pending receipt of such orders. 4 the central government may on receipt of a report under subsection 3 order the accused person to be detained in a mental hospital or other suitable place of safe custody.

section 149.execution of sentences of death of the navy act : 1 when a sentence of death is to be executed, the chief of the naval staff or the convening authority or the prescribed officer shall give directions as to the time, place and manner in which sentence is to be carried out and the order of such officer or authority in the prescribed form shall be sufficient warrant for the execution of such sentence. 2 there shall be attached to the prescribed form an order of the central government certifying the confirmation of the sentence by the central government in all cases where such confirmation is necessary and where such confirmation is not necessary, a certificate of the chief of the naval staff or other prescribed officer stating that such confirmation is not necessary.

section 145.disposal of property pending trial of the navy act : when any property regarding which an offence appears to have been committed or which appears to have been used for the commission of an offence is produced before a courtmartial, the court may make such order as it thinks fit for the proper custody such property pending the conclusion of the trial and if the property is subject to speedy or natural decay may after recording such evidence as it thinks necessary order it to be sold or otherwise disposed of

section 152.imprisonment of offender already under sentence of the navy act : whenever a sentence shall be passed by a courtmartial on an offender already under sentence either of detention or imprisonment passed upon him under this act for a former offence, the court may award a sentence of detention or imprisonment for the offence for which he is under trial to commence at the expiration of the sentence of detention or imprisonment to which he has been previously sentenced: provided that so much of any term of detention imposed on a person by a sentence in pursuance of this section as will prolong the total term of detention beyond two years shall be deemed to be remitted.

section 148.interim custody until execution of sentence of death of the navy act : a person sentenced to death may be detained in naval custody or may be removed to a civil prison to be kept in custody until further orders be received from the central government, the chief of the naval staff or the officer ordering the courtmartial by which he was sentenced to death or other prescribed officer and the order in the prescribed form of the central government, the chief of the naval staff or the convening authority or such officer shall be sufficient warrant for detaining the person in custody.

section 154.discharge or removal of prisoners of the navy act : whenever any offender is undergoing imprisonment or detention in pursuance of this act, it shall be lawful for the central government or the chief of the naval staff, or where an offender is undergoing imprisonment or detention by order of his commanding officer, for such commanding officer or the central government or the chief of the naval staff, to give an order in writing in the prescribed form directing that the offender be discharged and it shall also be lawful for the central government and the chief of the naval staff, by order in writing in the prescribed form, to direct that any such offender be delivered over to naval custody for the purpose of being brought before a courtmartial, either as a witness or for trial or otherwise, and such offender shall accordingly, on the production of any such order, be discharged, or be delivered over to such custody.

section 147.form of sentence of death of the navy act : in awarding a sentence of death, a courtmartial shall in its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death.

section 151.commencement of sentence of the navy act : 1 subject to the provisions of 1subsections 2 and 3 every term of imprisonment or detention awarded in pursuance of this act shall be reckoned as commencing on the day on which the sentence was awarded. 2 where by reason of a ship being at sea or off a place at which there is no proper prison or naval detention quarters, a sentence of imprisonment or detention, as the case may be, cannot be duly executed, then subject as hereinafter mentioned, an offender under the sentence of imprisonment or detention, as the case may be, may be sent with all reasonable speed to some place at which there is a proper prison or naval detention quarters or in the case of an offender under sentence of detention to some place at which there are some naval detention quarters in which the sentence can be duly executed and on arrival there, the offender shall undergo his sentence in like manner as if the date of such arrival were the day on which the sentence was awarded and notwithstanding that in the meanwhile he has returned to his duty or become entitled to his discharge and the term of imprisonment or detention, as the case may be, shall be reckoned accordingly, subject however to the deduction of any time during which he has been kept in confinement in respect of the said offence. 23 whenever any offender is sentenced by a courtmartial to a term of imprisonment, in pursuance of this act, not being imprisonment in default of payment of fine, the period spent by him in civil or naval custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the terms of imprisonment imposed upon him, and the liability of such offender to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him. 1. subs. by act 23 of , s. 6, for subsection 2 w.e.f. . 2. ins. s. 6, ibid. w.e.f. .

section 150.place of imprisonment and detention of the navy act : 1 every term of imprisonment whether imprisonment was awarded as an original or commuted punishment may be served in a naval prison, naval detention quarters or in any civil prison, house of correction or military or air force prison or detention barracks. 2 every term of detention whether the detention was awarded as an original or commuted punishment may be served in any naval detention quarters or army or air force detention barracks. 3 where in pursuance of this act, a person is sentenced to imprisonment or detention or has his sentence commuted to imprisonment or detention, the order in the prescribed form of the central government or the chief of the naval staff or the officer ordering the courtmartial by which such person was sentenced or the senior officer present in port or, if he was sentenced by the commanding officer of a ship, or other officer empowered under this act to exercise like powers, the order in the prescribed form of such commanding officer or other officer, shall be a sufficient warrant for the sending of such person to the place of imprisonment or detention, as the case may be, thereto undergo the sentence according to law, or until he reaches such place of imprisonment or detention for detaining him in naval custody or in the case of a person sentenced to imprisonment, in any civil prison or place of confinement.

section 153. change of place of confinement of the navy act : whenever it is deemed expedient, it shall be lawful for the central government, the chief of the naval staff or senior officer present, by an order in writing in the prescribed form, from time to time to change the place of confinement of any offender imprisoned or sentenced to be imprisoned or detained in pursuance of this act or of any offender undergoing or sentenced to undergo detention and the gaoler or other person having the custody of such offender shall immediately on the receipt of such order remove such offender to the gaol, prison or house of correction or, in the case of an offender undergoing or sentenced to undergo detention, to the naval detention quarters mentioned in the said order, or shall deliver him over to naval custody for the purpose of the offender being removed to such prison or naval detention quarters, and every gaoler or keeper of such lastmentioned prison, gaol, or house of correction or naval detention quarters shall, upon being furnished with such order of removal, receive into his custody and shall confine pursuant to such sentence or order every such offender.

section 156. removal of insane prisoners of the navy act : if any person imprisoned or undergoing detention by virtue of this act shall become insane, and a certificate to that effect shall be given by two physicians or surgeons, the central government shall, by warrant in the prescribed form, direct the removal of such person to such asylum or other proper receptacle for insane persons in india as it may judge proper for the unexpired term of his imprisonment or detention and if any such person shall in the same manner be certified to be again of sound mind, the central government may issue a warrant in the prescribed form for his being removed to such prison or place of confinement or in the case of a person sentenced to detention, such naval detention quarters as may be deemed expedient, to undergo the remainder of his punishment, and every gaoler or keeper of any prison, gaol, or house of correction shall receive him accordingly.

section 155.time of detention in naval custody of the navy act : the time during which any offender under sentence of imprisonment or detention is detained in naval custody shall be reckoned as imprisonment or detention under his sentence for whatever purpose he is so detained and the governor, gaoler, keeper or superintendent who shall deliver over any such offender shall again receive him from naval custody, so that he may undergo the remainder of his punishment.

section 162.petitions to the central government or chief of the naval staff against findings or sentences of the navy act : any person subject to naval law who considers himself aggrieved by a finding or sentence of any courtmartial may present a petition to the central government or to the chief of the naval staff, and the central government or the chief of the naval staff, as the case may be, may pass such order thereon as may be thought fit.

section 157.naval prisons and naval detention quarters of the navy act : the central government may set apart any buildings or vessels or any parts thereof as naval prisons or naval detention quarters and any buildings, vessels or parts of buildings or vessels so set apart as naval prisons or naval detention quarters, as the case may be, shall be deemed to be naval prisons or naval detention quarters respectively within the meaning of this act.

section 158.execution of sentence of fine of the navy act : when a sentence of fine is imposed under this act by a courtmartial or disciplinary court, the officer ordering the courtmartial or disciplinary court may transmit a copy of the order imposing the fine duly certified under his hand to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the 1code of criminal procedure, 2 of , or any law corresponding thereto in force in the state of jammu and kashmir as if it were a sentence of fine imposed by such magistrate. 1. subs. by act 48 of , s. 10, for code of criminal procedure, 5 of w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 159. of the navy act : 1 the central government may, by notification in the official gazette, make regulations providing, a for the government, management and regulation of naval prisons and detention quarters b for the appointment and removal and powers of inspectors, visitors and officers thereof c for the food, bedding and clothing of prisoners or persons undergoing detention therein d for the labour of such prisoners or persons therein and for enabling such prisoners or persons to earn by special industry and good conduct remission of a portion of their sentence and e for the care of such prisoners or persons, their safe custody and the maintenance of good order and discipline among them and the punishment by personal correction, restraint or otherwise of offences committed by such prisoners or persons. 2 the regulations to be made under this section may apply to naval prisons or detention quarters any of the provisions of the prisons act, 9 of , and rules made thereunder, imposing punishments on any persons not being prisoners or relating to the duties of gaolers, medical officers and other officers of the prisons. 3 the regulations to be made under this section shall not authorise corporal punishment to be inflicted for any offence.

section 163a. of the navy act : 1163a. provision relating to parole.where any person is tried under the provisions of this act, the central government or the chief of the naval staff or the flag officers commandinginchief of the naval commands may in the case of conviction either with or without conditions release the person on parole. 1. ins. by act 23 of , s. 8 w.e.f. .

section 163. of the navy act : 1 where any person is tried under the provisions of this act, the central government or the chief of the naval staff, may, in the case of a conviction, a set aside the finding and sentence and acquit or discharge the accused or order him to be retried, or b alter the finding, maintaining the sentence provided that such sentence may be legally passed on the altered finding, or c with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale, or d either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded, or e either with or without conditions, release the person on parole: provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded, and a sentence of dismissal with disgrace not accompanied by a sentence of imprisonment shall not be commuted for a sentence of detention: provided further that nothing in this section shall authorise the central government or the chief of the naval staff to enhance the sentence. 2 any sentence modified under the provisions of subsection 1 shall be carried into execution as if it had been originally passed. 3 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted: provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of the sentence.

section 160. of the navy act : 1 all proceedings of trials by courtmartial or by disciplinary courts shall be reviewed by the judge advocate general of the navy either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the judge advocate general of the navy shall transmit the report of such review together with such recommendations as may appear just and proper to the chief of the naval staff for his consideration and for such action as the chief of the naval staff may think fit. 2 where any person aggrieved has made an application under subsection 1, the judge advocate general of the navy may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the indian navy.

section 161. of the navy act : 1 on receipt of the report and recommendations if any, under section 160, the chief of the naval staff shall in all cases of capital sentence and in all cases where the courtmartial is ordered by the president, and may in other cases transmit the proceedings and the report to the central government together with such recommendations as he may deem fit to make. 2 nothing in section 160 or this section shall authorise the judge advocate general of the navy or the chief of the naval staff to make any recommendation for setting aside, or the central government to set aside, an order of acquittal passed under this act.

section 165. of the navy act : every person not subject to naval law, who, a being duly summoned or ordered to attend as a witness before a courtmartial or disciplinary court fails to attend without due cause, or b refuses to take an oath or make an affirmation legally required by a courtmartial or disciplinary court to be taken or made, or c being sworn or affirmed, refuses to answer any questions put by or before a courtmartial or disciplinary court, which he is in law bound to answer, or d refuses to produce or deliver up a document in his power which the courtmartial or disciplinary court may legally demand, or e is guilty of contempt of courtmartial or disciplinary court, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

section 164. of the navy act : 1 where a person has been sentenced to imprisonment or detention, the central government or the officer who by virtue of the foregoing section or subsection 3 of section 150 has power to issue an order of committal hereinafter in this section referred to as the committing authority may, in lieu of issuing such an order, order that the sentence be suspended until an order of committal is issued, and in such case a notwithstanding anything in this act, the term of the sentence shall not be reckoned as commencing until an order of committal is issued b the case may at any time, and shall at intervals of not more than three months, be reconsidered by the central government or committing authority or the prescribed officer, and if on any such reconsideration it appears to the central government or committing authority or such prescribed officer that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, the central government or committing authority or such prescribed officer shall remit the whole or any part of it c subject to regulations made under this act, the central government or the committing authority or such prescribed officer may at any time whilst the sentence is suspended issue an order of committal and thereupon the sentence shall cease to be suspended d where a person subject to naval law, whilst a sentence on him is so suspended, is sentenced to imprisonment or detention for any other offence then, if he is at any time committed either under the suspended sentence or under any such subsequent sentence, and whether or not any such subsequent sentence has also been suspended, the committing authority may direct that the two sentences shall run either concurrently or consecutively, so, however, as not to cause a person to undergo detention for a period exceeding the aggregate of two consecutive years. 2 when a person has been sentenced to imprisonment or detention and an order of committal has been issued, the central government or the committing authority, or prescribed officer may order the sentence to be suspended, and in such cases the person whose sentence is suspended shall be discharged and the currency of the sentence shall be suspended until he is again committed under the same sentence, and the provisions of clauses b, c and d of subsection 1 shall apply in like manner as in the case where a sentence has been suspended before an order of committal has been issued. 3 where a sentence is suspended under this section, whether before or after committal, the central government or, subject to regulations made under this act, the committing authority or officer by whom the sentence is suspended may, direct that any penalty which is involved by the punishment of imprisonment or detention either shall be or shall not be remitted or suspended.

section 172. of the navy act : the provisions of section 171 shall also apply to the disposal of the property of an officer who dies while subject to naval law, but with the following modifications, namely: i the functions of the commanding officer under section 171 shall be performed by a committee of adjustment constituted in this behalf in the prescribed manner and ii the surplus, if any, after the payment of debts and expenses specified in subsection 3 of section 171 shall be paid to the person prescribed in this behalf.

section 166. of the navy act : 1 every person, who, a conveys or causes to be conveyed into any naval prison or naval detention quarters any arms, tools, or instruments, or any mask or other disguise to facilitate the escape of any prisoner or person undergoing detention, or b by any means whatever aids any prisoner or person undergoing detention to escape or in an attempt to escape from such prison or naval detention quarters, whether an escape be actually made or not, shall be punished with imprisonment for a term which may extend to fourteen years. 2 every person who brings or attempts to bring into a naval prison or naval detention quarters, in contravention of regulations made under this act, any spirituous or fermented liquor, shall for every such offence be punished with a fine not exceeding two hundred rupees and not less than one hundred rupees. 3 every person, who, a brings into a naval prison or naval detention quarters or to or for any prisoner or person undergoing detention, without the knowledge of the officer having charge or command thereof, any money, clothing, provisions, tobacco, letters, papers, or other articles not allowed by the rules of the prison or naval detention quarters, to be in the possession of a prisoner or person undergoing detention, or b throws into the said prison or naval detention quarters, any such articles, or by desire of any prisoner or person undergoing detention, without the sanction of the said officer carried out of the prison or naval detention quarters any of the articles aforesaid, shall for every such offence be punished with a fine not exceeding two hundred rupees. 4 every person, who, a interrupts any officer of a naval prison or naval detention quarters in the execution of his duty, or b aids or abets any person to assault, resist, or interrupt any such officer, shall for every such offence be punished with imprisonment which may extend to two years, or with fine, or both. 5 every fine recovered under the foregoing subsections of this section shall be applied as the central government may direct notwithstanding any law, charter, or custom to the contrary.

section 173. of the navy act : if in any case doubt or difference arises as to what are the ship or service debts and the debts in ship or quarters of a deceased officer or 1sailor or as to the amount payable in respect thereof, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 170. of the navy act : the functions of the judge advocate general of the navy shall in his absence on leave or otherwise, be performed by such one of the judge advocates in his department as may be designated in this behalf by the chief of the naval staff.

section 167. of the navy act : every governor, gaoler, and keeper of any prison, gaol, or house of correction or of any naval detention quarters, and every person having the charge of command of any place, ship, or vessel for imprisonment, who shall without lawful excuse, refuse or neglect to receive or confine, remove, discharge, or deliver up any offender against the provisions of this act, or any of them, shall incur for every such refusal or neglect a penalty not exceeding one thousand rupees and every such penalty shall be applied as the central government may direct notwithstanding any law, charter, or custom to the contrary.

section 169. of the navy act : it shall be the duty of the judge advocate general of the navy to perform such duties of a legal and judicial character pertaining to the indian navy as may from time to time be referred or assigned to him by the central government or the chief of the naval staff, and to discharge the functions conferred on him by or under this act or any other law for the time being in force.

section 168.appointment of the judge advocate general of the navy and his subordinate officers of the navy act : there shall be appointed by the central government a judge advocate general of the navy and as many judge advocates in the department of the judge advocate general of the navy as the central government may deem necessary. 2 out of the judge advocates so appointed, the central government may designate any one to be the deputy judge advocate general of the navy. 3 a person shall not be qualified for appointment as judge advocate general of the navy unless he a is a citizen of india, and b has for at least ten years held a judicial office in the territory of india, or c has for at least ten years been an advocate of a high court or two or more such courts in succession 1provided that the central government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause b or clause c in respect of any person. 4 a person shall not be qualified for appointment as deputy judge advocate general of the navy unless he a is a citizen of india, and b has for at least seven years held a judicial office in the territory of india, or c has for at least seven years been an advocate of a high court or two or more such courts in succession. 1provided that the central government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause b or clause c in respect of any person. 5 a person shall not be qualified for appointment as a judge advocate unless he a is a citizen of india, and b is qualified for enrolment as an advocate or a leader of a high court. explanation.for the purposes of this section, a in computing the period during which a person has been an advocate of a high court, there shall be included any period during which the person has held judicial office after he became an advocate b in computing the period during which a person has held judicial office in the territory of india or been an advocate of a high court, there shall be included any period before the commencement of the constitution during which he has held judicial office in any area which was comprised before the 15th day of august, , within india as defined in the government of india act, , or has practised as an advocate of any high court in any such area as the case may be c the expression judicial office shall be deemed to include the office of the judge advocate of the fleet or any of his deputies or assistants and any other legal or judicial office in the department of the judge advocate of the fleet held before the commencement of this act, and the office of the judge advocate general of the navy or of a judge advocate held after the commencement of this act. 1. ins by act 53 of , s. 17 w.e.f. .

section 174. of the navy act : for the purpose of the exercise of his or its duties under section 171 or 172, as the case may be, the commanding officer or the committee of adjustment, as the case may be, shall, to the exclusion of all other persons and authorities have the same rights and powers as if the commanding officer or the committee had taken out representation to the estate of the deceased, and any receipt given by such commanding officer or the committee, as the case may be, shall have effect accordingly. explanation.representation includes probate, letters of administration with or without the will annexed and a succession certificate issued by a court of competent jurisdiction constituting a person executor or administrator of the estate of the deceased person or authorising him to receive or realise the assets of a deceased person.

section 171. of the navy act : 1 on the death of a 1sailor while subject to naval law, the commanding officer of the ship to which the 1sailor belonged shall as soon as may be, a secure all movable property belonging to the deceased that is in the ship or quarters and cause an inventory thereof to be made b draw the pay and allowances due to such persons c if he thinks fit, and subject to any regulations made in this behalf, collect all moneys left by the deceased in any banking company, including any post office savings banks, cooperative bank or society, or any other institution receiving deposits in money however named, and for that purpose may require the agent, manager or other proper authority of such banking company, society or other institution to pay the moneys to the commanding officer forthwith notwithstanding anything in the rules of the banking company, society or institution and such agent, manager or other authority shall, notwithstanding anything contained in any other law, be bound to comply with the requisition. 2 where any money has been paid by the banking company, society or other institution in compliance with the requisition under clause c of subsection 1, no person shall have any claim against the said banking company, society or other institution in respect of such money. 3 the commanding officer shall, if in his opinion it is necessary for the purpose of securing the payment of the ship and service debts and other debts in the ship or quarters of the deceased and the expenses, if any, incurred by the commanding officer in respect of the estate of the deceased, cause the movable property of the deceased to be sold or converted into money. 4 if the representative of the deceased is on the spot and either pays or gives security for the payment of the ship and service debts and other debts in ship or quarters due from the deceased, the commanding officer shall not take action under clause c of subsection 1 or under subsection 3. 5 the commanding officer shall, out of the moneys so received, collected or realised under subsections 1 and 3, pay the ship and service debts and other debts in ship or quarters of the deceased, and the expenses incurred in connection with the realisation of the assets of the deceased. 6 any property left over after meeting the expenditure indicated in subsection 5, or where the representative had paid or given security for the payment of the ship and service debts and other debts in ship or quarters the entire property of the deceased, shall be delivered over by the commanding officer to the representative of the deceased, whereupon his responsibility for the administration of the estate of the deceased shall cease. 7 if no claim is made in respect of the said surplus by a representative of the deceased within twelve months of the death, the commanding officer shall take steps to hand over the property to the prescribed person who shall continue the administration of the estate of the deceased as provided for in section 176. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 178. of the navy act : any payment or application of money or delivery, sale or other disposition of any property made, or purported to be made by the commanding officer, the committee or the prescribed person in good faith in pursuance of sections 171 to 176 shall be valid and shall fully absolve the commanding officer, the committee or the prescribed person, as the case may be, as well as the central government from all liability in respect of the money or property so paid, applied or disposed of but nothing herein contained shall be deemed to affect the right of any executor or administrator or other legal representative or of any creditor of the deceased against any person to whom any such payment or delivery as aforesaid has been made.

section 175. of the navy act : 1 notwithstanding anything contained in the administratorgenerals act, 3 of , an administratorgeneral shall not interpose in any manner in relation to any property of a deceased which has been dealt with under section 171 or section 172 except in so far as he is expressly required or competent to do so by or under the provisions of this act. 2 the central government may, at any time and in such circumstances as it thinks fit, direct that the estate of a deceased 1sailor or officer shall be handed over by the commanding officer or the committee of adjustment, as the case may be, to the administratorgeneral of a state for administration and thereupon such commanding officer or the committee shall make over the estate to such administratorgeneral. 3 where under this section any estate is handed over to the administratorgeneral, the latter shall administer such estate in accordance with the provisions of the administratorgenerals act, 3 of : provided that where the estate is handed over to the administratorgeneral before the ship and service debts and other debts in ship or quarters of the deceased are paid, it shall be the duty of the administratorgeneral to pay these debts in priority to any debts due by the deceased. 4 the administratorgeneral shall pay the surplus, if any, remaining in his hands after discharging all debts and charges, to the heirs of the deceased and if no heir is traceable, shall make over the surplus to the person prescribed in this behalf. 5 the administratorgeneral shall not charge in respect of his duties under this section any fee exceeding three per cent. of the total amount coming to or remaining in his hands after payment of the ship and service debts and the other debts in ship or quarters. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 176. of the navy act : on receipt of the surplus referred to in subsection 7 of section 171 or clause ii of section 172 or subsection 4 of section 175, the prescribed person shall, a if he knows of a legal representative of the deceased, pay the surplus to that representative b if the surplus does not exceed 1the prescribed amount not exceeding rupees on lakh in value if he thinks fit, pay or deliver to any person appearing to him to be entitled to receive the same, without requiring such person to produce any probate, letters of administration, succession certificate or other conclusive evidence of title c if the prescribed person does not know of any such representative to whom the surplus could be paid under clause a, or if the surplus has not been disposed of under clause b, publish every year a notice in the prescribed form and manner for six consecutive years and if no claim to the surplus is made by the legal representative of the deceased within six months even after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrue therefrom, to the credit of the central government: provided that such deposit shall not prejudice the claims of any person to such surplus or any part thereof, if he is otherwise entitled to it. 1. subs. by act 23 of , s. 9, for ten thousand rupees in value and w.e.f. .

section 181. of the navy act : when an officer while subject to naval law dies or is ascertained in the prescribed manner to be of unsound mind or while on active service is officially reported missing, the reference in the foregoing provisions of this chapter to the committee shall be construed as references to the standing committee of adjustment, if any, constituted in this behalf in the prescribed manner and such standing committee, if constituted, shall alone by entitled to perform all the functions of such committee unless otherwise directed by the chief of the naval staff.

section 177. of the navy act : where any part of the estate of a deceased officer or 1sailor consists of effects, securities or other property not converted into money, the provisions of subsection 7 of section 171 or clause ii of section 172 and section 176 with respect to the payment of the surplus shall, save as may be prescribed, extend to the delivery, transmission or transfer of such effects, securities or property, and the prescribed person shall have the same power of converting the same into money as a legal representative of the deceased. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 179. of the navy act : nothing in this chapter shall affect the rights and duties of the representative of a deceased 1sailor or officer or any administratorgeneral, in respect of the property of such deceased 1sailor or officer not collected by the commanding officer or the committee, as the case may be, and not forming part of the surplus handed over to the prescribed person either under subsection 7 of section 171 or clause ii of section 172. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 180. of the navy act : the provisions of sections 171 to 179 shall, so far as they can be made applicable, also apply in the case of an officer or 1sailor subject to naval law who is ascertained in the prescribed manner to be of unsound mind notwithstanding anything contained in the indian lunacy act, 4 of , or who, while on active service, is officially reported missing, as if the said officer or 1sailor had died on the day on which his unsoundness of mind is so ascertained or, as the case may be, on the day on which he is officially reported missing: provided that in the case of an officer or 2sailor so reported missing, no action shall be taken to dispose of the property under sections 171, 172 and 175 until such time as a certificate under the regulations made under this act is issued by or under the authority of the chief of the naval staff or other prescribed person that he is confirmed or presumed to be dead. 1. subs. by act 53 of , s. 2, for seaman w.e.f. . 2. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 183. of the navy act : if any person subject to naval law is absent without leave for a period of one month whether he is guilty of desertion or of improperly leaving his ship or place of duty or not but is not apprehended or tried for his offence, he shall be liable for forfeiture of pay and allowances and other benefits as the central government from time to time by regulations provide, and the central government, the chief of the naval staff or the prescribed officer may by an order containing a statement of the absence without leave direct that the clothes and effects, if any, left by him on board ship or at his place of duty be forfeited and the same be sold and the proceeds of the same shall be disposed of as provided in the regulations made under this act and every order under this provision for forfeiture or sale be conclusive for the purpose of this section as to the fact of the absence without leave as therein stated of the person therein named but in any case the central government may, if it deems fit on sufficient cause being shown at any time after forfeiture and before sale, remit the forfeiture, or after sale pay or dispose of the proceeds of the sale or any part thereof to or for the use of the person to whom the clothes or effects belonged, or his representatives.

section 184. of the navy act : show related subordinates 1 the central government may, by notification in the official gazette, make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for the purpose of carrying into effect the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the rank, precedence, powers of command and authority of officers and 1sailors in the naval service b the relative rank, precedence, powers of command and authority of officers and 1sailors in the naval service in relation to members of the regular army and the air force 2c the cases in which, and the conditions subject to which, powers of punishment may be exercised under subsection 2 of section 7 ca the retirement, discharge and dismissal of persons in the naval service cb the authority to which any matter referred to in section 19a may be referred and the manner in which an enquiry may be made by that authority d the convening and constitution of courtsmarital and the appointment of prosecutors at trials by courtmartial e the adjournment, dissolution and sittings of courtsmartial f the procedure to be observed in trials by courtsmartial, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat g the forms of orders to be made under the provisions of this act relating to courtsmartial and the awards and infliction of death, imprisonment and detention h the carrying into effect of sentences of courtsmartial i any matter necessary for the purpose of carrying this act into execution as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this act j the terms and conditions of service, the pay, pensions, allowances and other benefits of persons in the naval service, including special provision in this behalf during active service k the ceremonials to be observed and marks of respect to be paid in the naval service l the convening of, the constitution, procedure and practice of boards of inquiry, the summoning of witnesses before them and the administration of oaths by such boards m the computation of time of absence without leave or custody of deserters and absentees without leave n any matter relating to the realisation and disposal of the estates of officers or 69 sailors who are deceased, ascertained to be of unsound mind or reported missing on active service o the enquiry into the conduct of prisoners of war, and their pay and allowances p the provision to be made for the wives and children of prisoners of war or missing persons q the procedure relating to the exercise of powers under section 163 3qa the amount required to be prescribed under clause b of section 176 r any other matter which is to be, may be, or is required to be, prescribed under this act. 1. subs. by act 53 of , s. 2, for seaman w.e.f. . 2. subs by s. 18, ibid., for clause c w.e.f. . 3. ins. by act 23 of , s. 10 w.e.f. .

section 182. of the navy act : the functions and powers of the commanding officer in this chapter may in any case be performed or exercised by any other person appointed in this behalf by the chief of the naval staff.

section 187. of the navy act : 1 the indian navy in existence at the commencement of this act shall be deemed to be the regular naval force raised under this act. 2 the indian naval reserve, the indian naval volunteer reserve and the indian fleet reserve in existence at the commencement of this act shall be deemed to be the indian naval reserve forces raised under this act. 3 officers in the indian navy or the indian naval reserve forces at the commencement of this act shall be deemed to have been appointed as such under this act. 4 the person holding office as judge advocate of the fleet at the commencement of this act shall, on such commencement, be deemed to have been appointed as the judge advocate general of the navy under this act. 5 1sailors in the indian navy or in the indian naval reserve forces at the commencement of this act shall be deemed to have been duly enrolled as such under this act. 1. subs. by act 53 of , s. 2, for seaman w.e.f. .

section 188. of the navy act : 1 an officer of the royal navy attached to or serving with the indian navy shall have and exercise all such powers as are vested in or may be exercised by an officer of the indian navy of corresponding rank or holding a corresponding appointment and shall be eligible to be granted a commission to convene courtsmartial or to be appointed as president of a courtmartial or to sit on a courtmartial as a member as if he were an officer of the indian navy subject to naval law. 2 the expression superior officer wherever used in this act shall be deemed to include an officer of the royal navy when serving under conditions specified in subsection 1.

section 185. of the navy act : 1185. regulations to be laid before parliament.every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or, both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by act 53 of , s. 19, for section 185 w.e.f. .

section 184a. power to make regulations with retrospective effect of the navy act : 1184a. power to make regulations with retrospective effect.the power to make regulations conferred by this act shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the regulations or any of them, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable. 1. ins. by act 48 of , s. 11 w.e.f. .

section 186. of the navy act : repeals.rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 8. of the depositories act : 1 every person subscribing to securities offered by an issuer shall have the option either to receive the security certificates or hold securities with a depository. 2 where a person opts to hold a security with a depository, the issuer shall intimate such depository the details of allotment of the security, and on receipt of such information the depository shall enter in its records the name of the allottee as the beneficial owner of that security.

section 1. of the depositories act : 1 this act may be called the depositories act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 20th day of september, .

section 2. of the depositories act : 1 in this act, unless the context otherwise requires, a beneficial owner means a person whose name is recorded as such with a depository b board means the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 15 of c byelaws means byelaws made by a depository under section 26 d company law board means the board of company law administration constituted under section 10e of the companies act, 1 of e depository means a company formed and registered under the companies act, 1 of and which has been granted a certificate of registration under subsection 1a of section 12 of the securities and exchange board of india act, 15 of f issuer means any person making an issue of securities g participant means a person registered as such under subsection 1a of section 12 of the securities and exchange board of india act, 15 of h prescribed means prescribed by rules made under this act i record includes the records maintained in the form of books or stored in a computer or in such other form as may be determined by regulations j registered owner means a depository whose name is entered as such in the register of the issuer k regulations means the regulations made by the board 1 ka securities appellate tribunal means a securities appellate tribunal established under subsection 1 of section 15k of the securities and exchange board of india act, 15 of l security means such security as may be specified by the board m service means any service connected with recording of allotment of securities or transfer of ownership of securities in the record of a depository. 2 words and expressions used herein and not defined but defined in the companies act, 1 of or the securities contracts regulation act, 42 of or the securities and exchange board of india act, 15 of , shall have the meanings respectively assigned to them in those acts. 1. ins. by act 32 of , s. 13 w.e.f. .

section 7. of the depositories act : 1 every depository shall, on receipt of intimation from a participant, register the transfer of security in the name of the transferee. 1 1a every depository on receipt of intimation from a participant register any transfer of security in favour of an asset reconstruction company as defined in clause ba of subsection 1 of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of along with or consequent upon transfer or assignment of financial asset of any bank or financial institution under subsection 1 of section 5 of that act. 1b every depository, on receipt of intimation from a participant, register any issue of new shares in favour of any bank or financial institution or asset reconstruction company or any other assignee of such bank or financial institution or asset reconstruction company, as the case may be, by conversion of part of their debt into shares pursuant to reconstruction of debts of the company agreed between the company and the bank or financial institution or asset reconstruction company. explanation.for the purpose of this section, the expressions asset reconstruction company, bank, and financial institution shall have the meanings assigned to them respectively under clauses ba, c and m of subsection 1 of section 2 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 54 of . 2 if a beneficial owner or a transferee of any security seeks to have custody of such security, the depository shall inform the issuer accordingly. 1. ins. by act 44 of , s. 44 and the second schedule w.e.f.

section 3. of the depositories act : 1 no depository shall act as a depository unless it obtains a certificate of commencement of business from the board. 2 a certificate granted under subsection 1 shall be in such form as may be specified by the regulations. 3 the board shall not grant it certificate under subsection 1 unless it is satisfied that the depository has adequate systems and safeguards to prevent manipulation of records and transactions: provided that no certificate shall be refused under this section unless the depository concerned has been given a reasonable opportunity of being heard.

section 6. of the depositories act : 1 any person who has entered into an agreement under section 5 shall surrender the certificate of security, for which he seeks to avail the services of a depository, to the issuer in such manner as may be specified by the regulations. 2 the issuer, on receipt of certificate of security under subsection 1, shall cancel the certificate of security and substitute in its records the name of the depository as a registered owner in respect of that security and inform the depository accordingly. 3 a depository shall, on receipt of information under subsection 2, enter the name of the person referred to in subsection 1 in its records, as the beneficial owner.

section 11. of the depositories act : every depository shall maintain a register and an index of beneficial owners in the manner provided in sections 150, 151 and 152 of the companies act, 1 of .

section 5. of the depositories act : any person, through a participant, may enter into an agreement, in such form as may be specified by the byelaws, with any depository for availing its services.

section 4. of the depositories act : 1 a depository shall enter into an agreement with one or more participants as its agent. 2 every agreement under subsection 1 shall be in such form as may be specified by the byelaws.

section 9. of the depositories act : 1 all securities held by a depository shall be dematerialised and shall be in a fungible form. 1 2 nothing contained in sections 153, 153a, 153b, 187b, 187c and 372 of the companies act, 1 of shall apply to a depository in respect of securities held by it on behalf of the beneficial owners. 1. subs. by act 8 of , s. 22, for subsection 2 w.e.f. .

section 13. of the depositories act : 1 every depository shall furnish to the issuer information about the transfer of securities in the name of beneficial owners at such intervals and in such manner as may be specified by the byelaws. 2 every issuer shall make available to the depository copies of the relevant records in respect of securities held by such depository.

section 16. of the depositories act : 1 without prejudice to the provisions of any other law for the time being in force, any loss caused to the beneficial owner due to the negligence of the depository or the participant, the depository shall indemnify such beneficial owner. 2 where the loss due to the negligence of the participant under subsection 1 is indemnified by the depository, the depository shall have the right to recover the same from such participant.

section 10. of the depositories act : 1 notwithstanding anything contained in any other law for the time being in force, a depository shall be deemed to be the registered owner for the purposes of effecting transfer of ownership of security on behalf of a beneficial owner. 2 save as otherwise provided in subsection 1, the depository as a registered owner shall not have any voting rights or any other rights in respect of securities held by it. 3 the beneficial owner shall be entitled to all the rights and benefits and be subjected to all the liabilities in respect of his securities held by a depository.

section 12. of the depositories act : 1 subject to such regulations and byelaws, as may be made in this behalf, a beneficial owner may with the previous approval of the depository create a pledge or hypothecation in respect of a security owned by him through a depository. 2 every beneficial owner shall give intimation of such pledge or hypothecation to the depository and such depository shall thereupon make entries in its records accordingly. 3 any entry in the records of a depository under subsection 2 shall be evidence of a pledge or hypothecation.

section 14. of the depositories act : 1 if a beneficial owner seeks to opt out of a depository in respect of any security he shall inform the depository accordingly. 2 the depository shall on receipt of intimation under subsection 1 make appropriate entries in its records and shall inform the issuer. 3 every issuer shall, within thirty days of the receipt of intimation from the depository and on fulfilment of such conditions and on payment of such fees as may be specified by the regulations, issue the certificate of securities to the beneficial owner or the transferee, as the case may be.

section 15. of the depositories act : the bankers books evidence act, shall apply in relation to a depository as if it were a bank as defined in section 2 of that act.

section 17. of the depositories act : 1 subject to the provisions of this act, the rights and obligations of the depositories, participants and the issuers whose securities are dealt with by a depository shall be specified by the regulations. 2 the eligibility criteria for admission of securities into the depository shall be specified by the regulations.

section 18. of the depositories act : 1 the board, on being satisfied that it is necessary in the public interest or in the interest of investors so to do, may, by order in writing, a call upon any issuer, depository, participant or beneficial owner to furnish in writing such information relating to the securities held in a depository as it may require or b authorise any person to make an enquiry or inspection in relation to the affairs of the issuer, beneficial owner, depository or participant, who shall submit a report of such enquiry or inspection to it within such period as may be specified in the order. 2 every director, manager, partner, secretary, officer or employee of the depository or issuer or the participant or beneficial owner shall on demand produce before the person making the enquiry or inspection all information or such records and other documents in his custody having a bearing on the subject matter of such enquiry or inspection.

section 19. of the depositories act : 1 1 save as provided in this act, if after making or causing to be made an enquiry or inspection, the board is satisfied that it is necessary i in the interest of investors, or orderly development of securities market or ii to prevent the affairs of any depository or participant being conducted in the manner detrimental to the interests of investors or securities market, it may issue such directions a to any depository or participant or any person associated with the securities market or b to any issuer, as may be appropriate in the interest of investors or the securities market. 2 explanation.for the removal of doubts, it is hereby declared that power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention. 3 2 without prejudice to the provisions contained in subsection 1 and section 19h, the board may, by order, for reason to be recorded in writing, levy penalty under sections 19a, 19b, 19d, 19e, 19f, 19fa and 19g after holding an inquiry in the prescribed manner. 1. section 19 numbered as subsection 1 thereof by act 13 of , s. 192 w.e.f. . 2. ins. by act 27 of , s. 41 w.e.f. . 3. ins. by act 13 of , s. 192 w.e.f.

section 19a. of the depositories act : show related subordinates 2 19a. penalty for failure to furnish information, return, etc.any person, who is required under this act or any rules or regulations or byelaws made thereunder, a to furnish any information, document, books, returns or report to the board, fails to furnish the same within the time specified therefor 3 or who furnishes or files false, incorrect or incomplete information, return, report, books or other documents, he shall be liable to a penalty 4 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees for each such failure b to file any return or furnish any information, books or other documents within the time specified therefor in the regulations or byelaws, fails to file return or furnish the same within the time specified therefor, he 3 or who furnishes or files false, incorrect or incomplete information, return, report, books or other documents shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees c to maintain books of account or records, fails to maintain the same, he shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 13 of , s. 192 w.e.f. . 2. ins. by act 1 of , s. 17 w.e.f. . 3. ins. by act 13 of , s. 193 w.e.f. . 4. subs. by act 27 of , s. 42, for certain words w.e.f. .

section 19b. of the depositories act : show related subordinates if a depository or participant or any issuer or its agent or any person, who is registered as an intermediary under the provisions of section 12 of the securities and exchange board of india act, 15 of , and is required under this act or any rules or regulations, made thereunder, to enter into an agreement, fails to enter into such agreement, such depository or participant or issuer or its agent or intermediary shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees for every such failure. 1. subs. by s. 43, ibid., for certain words w.e.f. .

section 19c. of the depositories act : show related subordinates if any depository or participant or any issuer or its agent or any person, who is registered as an intermediary under the provisions of section 12 of the securities and exchange board of india act, 15 of , after having been called upon by the board in writing, to redress the grievances of the investors, fails to redress such grievances within the time specified by the board, such depository or participant or issuer or its agents or intermediary shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by s. 44, ibid., for certain words w.e.f. .

section 19d. of the depositories act : show related subordinates if any issuer or its agent or any person, who is registered as an intermediary under the provisions of section 12 of the securities and exchange board of india act, 15 of , fails to dematerialise or issue the certificate of securities on opting out of a depository by the investors, within the time specified under this act or regulations or byelaws made thereunder or abets in delaying the process of dematerialisation or issue the certificate of securities on opting out of a depository of securities, such issuer or its agent or intermediary shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by s. 45, ibid., for certain words w.e.f. .

section 19e. of the depositories act : show related subordinates if a depository or participant or any issuer or its agent or any person, who is registered as an intermediary under the provisions of section 12 of the securities and exchange board of india act, 15 of , fails to reconcile the records of dematerialised securities with all the securities issued by the issuer as specified in the regulations, such depository or participant or issuer or its agent or intermediary shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by s. 46, ibid., for certain words w.e.f. .

section 19f. of the depositories act : show related subordinates if any person fails to comply with the directions issued by the board under section 19, within the time specified by it, he shall be liable to a penalty 1 which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by s. 47, ibid., for certain words w.e.f. .

section 19fa. of the depositories act : 1 19fa. penalty for failure to conduct business in a fair manner.where a depository fails to conduct its business with its participants or any issuer or its agent or any person associated with the securities markets in a fair manner in accordance with the rules, regulations made by the board or directions issued by the board under this act, it shall be liable to penalty which shall not be less than five crore rupees but which may extend to twentyfive crore rupees or three times the amount of gains made out of such failure, whichever is higher. 1. ins. by act 13 of , s. 194 w.e.f. .

section 19ib. of the depositories act : 1 19ib. recovery of amounts.1 if a person fails to pay the penalty imposed 2 under this act or or fails to comply with a direction of disgorgement order issued under section 19 or fails to pay any fees due to the board, the recovery officer may draw up under his signature a statement in the specified form specifying the amount due from the person such statement being hereafter in this chapter referred to as certificate and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely: a attachment and sale of the persons movable property b attachment of the persons bank accounts c attachment and sale of the persons immovable property d arrest of the person and his detention in prison e appointing a receiver for the management of the persons movable and immovable properties, and for this purpose, the provisions of sections 220 to 227, 228a, 229, 232, the second and third schedules to the incometax act, 43 of , and the incometax certificate proceedings rules, as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules thereunder were the provisions of this act and referred to the amount due under this act instead of to incometax under the incometax act, . explanation 1.for the purposes of this subsection, the persons movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred, directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or sons wife or sons minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his sons minor child is concerned, it shall, even after the date of attainment of majority by such minor child or sons minor child, as the case may be, continue to be included in the persons movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act. explanation 2.any reference under the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, to the assessee shall be construed as a reference to the person specified in the certificate. explanation 3.any reference to appeal in chapter xviid and the second schedule to the incometax act, 43 of , shall be construed as a reference to appeal before the securities appellate tribunal under section 23a of this act. 2 the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under subsection 1. 3 notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under subsection 1, pursuant to noncompliance with any direction issued by the board under section 19, shall have precedence over any other claim against such person. 4 for the purposes of subsections 1, 2 and 3, the expression recovery officer means any officer of the board who may be authorised, by general or special order in writing, to exercise the powers of a recovery officer. 1. ins. by act 27 of , s. 51 w.e.f. . 2. subs. by act 13 of , s. 198, for by the adjudicating officer w.e.f. .

section 19g. of the depositories act : show related subordinates whoever fails to comply with any provision of this act, the rules or the regulations or byelaws made or directions issued by the board thereunder for which no separate penalty has been provided, shall be 1 liable to a penalty which shall not be less than one lakh rupees but which may extend to one crore rupees. 1. subs. by act 27 of , s. 48, for certain words w.e.f. .

section 19h. of the depositories act : 1 for the purpose of adjudging under sections 19a, 19b, 19c, 19d, 19e, 1 19f, 19fa and 19g, the board may appoint any officer not below the rank of a division chief of the securities and exchange board of india to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. 2 while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subjectmatter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in subsection 1, he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. 2 3 the board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify: provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter: provided further that nothing contained in this subsection shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 23a, whichever is earlier. 1. subs. by act 13 of , s. 195, for 19f and 19g, the board shall w.e.f. . 2. ins. by act 27 of , s. 49 w.e.f. .

section 19i. of the depositories act : 19i. 1 factors to be taken into account while adjudging quantum of penalty.while adjudging adjudging the quantum of penalty under 2 section 19 or section 19h, the board or the adjudicating officer shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the amount of loss caused to an investor or group of investors as a result of the default c the repetitive nature of the default. 3 explanation.for the removal of doubts, it is clarified that the power of 4 to adjudge the quantum of penalty under sections 19a to 19f shall be and shall always be deemed to have been exercised under the provisions of this section. 1. subs. by act 13 of , s. 196, for factors to be taken into account by adjudicating officer w.e.f. . 2. subs. by s. 196, ibid., for section 19h, the adjudicating officer w.e.f. . 3. ins. by act 7 of , s. . 4 the words of an adjudicating officer omitted by act 13 of , s. 196 w.e.f. .

section 19ia. settlement of administrative and civil proceedings of the depositories act : 119ia. settlement of administrative and civil proceedings.1 notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 19 or section 19h, as the case may be, may file an application in writing to the board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. 2 the board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under the securities and exchange board of india act, 15 of . 3 for the purpose of settlement under this section, the procedure as specified by the board under the securities and exchange board of india act, 15 of shall apply. 4 no appeal shall lie under section 23a against any order passed by the board or the adjudicating officer under this section. 25 all settlement amounts, excluding the disgorgement amount and legal costs, realised under this act shall be credited to the consolidated fund of india. 1. ins. by act 27 of , s. 50 w.e.f. . 2. ins. by act 13 of , s. 197 w.e.f. .

section 19ic. of the depositories act : 1 19ic. continuance of proceedings.1 where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased: provided that, in case of any penalty payable under this act, a legal representative shall be liable only in case the penalty has been imposed before the death of the deceased person. 2 for the purposes of subsection 1, a any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, initiated against the deceased before his death shall be deemed to have been initiated against the legal representative, and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased and all the provisions of this act shall apply accordingly b any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, which could have been initiated against the deceased if he had survived, may be initiated against the legal representative and all the provisions of this act shall apply accordingly. 3 every legal representative shall be personally liable for any sum payable by him in his capacity as legal representative if, while his liability for such sum remains undischarged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. 4 the liability of a legal representative under this section shall be limited to the extent to which the estate of the deceased is capable of meeting the liability. explanation.for the purposes of this section legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued. 1. ins. by act 13 of , s. 199 w.e.f. .

section 22c. establishment of special courts of the depositories act : 1 22c. establishment of special courts.1 the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary. 2 a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working. 3 a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be. 1. ins. by act 27 of , s. 53 w.e.f. .

section 19j. of the depositories act : all sums realised by way of penalties under this act shall be credited to the consolidated fund of india.

section 21. of the depositories act : 21. 1 contravention by companies.1 where 2 a contravention of any of the provisions of this act or any rule, regulation, direction or order made thereunder has been committed by a company, every person who at the time the 3 contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the 3 contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where 2 a contravention of any of the provisions of this act or any rule, regulation, direction or order made thereunder this act has been committed by a company and it is proved that the 3 contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the 3 contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1.subs. by act 13 of , s. 202, for offences by companies w.e.f. . 2. subs. by s. 202, ibid., for an offence under this act w.e.f. . 3. subs. by s. 202, ibid., for offence w.e.f. .

section 20. offences of the depositories act : 12 20. offences.1 without prejudice to any award of penalty by the adjudicating officer 3 or the board under this act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations or byelaws made thereunder, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twentyfive crore rupees, or with both. 2 if any person fails to pay the penalty imposed by the 4 adjudicating officer or the board or fails to comply with any directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine, which may extend to twentyfive crore rupees, or with both. 1. subs. by s. 200, ibid.., for penalty w.e.f. . 2. subs. by act 1 of , s. 18, for section 20 w.e.f. . 3. ins. by act 13 of , s. 201 w.e.f. . 4. subs. by s. 201, ibid., for adjudicating officer or fails to comply with any of his w.e.f. .

section 22d. offences triable by special courts of the depositories act : 122d. offences triable by special courts.notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act committed prior to the date of commencement of the securities laws amendment act, 27 of or on or after the date of such commencement, shall be taken cognizance of and tried by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concerned. 1. ins. by act 27 of , s. 53 w.e.f. .

section 22. cognizance of offences by courts of the depositories act : 1 22. cognizance of offences by courts.1 no court shall take cognizance of any offence punishable under this act or any rules or regulations or byelaws made thereunder, save on a complaint made by the central government or state government or the securities and exchange board of india or by any person. 2 1. subs. by act 1 of , s. 19, for section 22 w.e.f. . 2. subsection 2 omitted by act 27 of , s. 52 w.e.f. .

section 22a. of the depositories act : 22a. composition of certain offences.notwithstanding anything contained in the code of criminal procedure, 2 of , any offence punishable under this act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by a securities appellate tribunal or a court before which such proceedings are pending.

section 22b. of the depositories act : 22b. power to grant immunity.1 the central government may, on recommendation by the board, if the central government is satisfied, that any person, who is alleged to have violated any of the provisions of this act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this act with respect to the alleged violation: provided that no such immunity shall be granted by the central government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: provided further that recommendation of the board under this subsection shall not be binding upon the central government. 2 an immunity granted to a person under subsection 1 may, at any time, be withdrawn by the central government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had not such immunity been granted.

section 22e.appeal and revision of the depositories act : 122e. appeal and revision.the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 2 of on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court. 1. ins. by act 27 of , s. 53 w.e.f. .

section 22f.application of code to proceedings before special court of the depositories act : 122f. application of code to proceedings before special court.1 save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code of criminal procedure, . 2 the person conducting prosecution referred to in subsection 1 should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law. 1. ins. by act 27 of , s. 53 w.e.f. .

section 23d. of the depositories act : 123d. limitation.the provisions of the limitation act, 36 of shall, as far as may be, apply to an appeal made to a securities appellate tribunal. 1. ins. by act 32 of , s. 15 w.e.f. .

section 22g. of the depositories act : 122g. transitional provisions.any offence committed under this act, which is triable by a special court shall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 2 of : provided that nothing contained in this section shall affect the powers of the high court under section 407 of the code to transfer any case or class of cases taken cognizance by a court of session under this section. 1. ins. by act 27 of , s. 53 w.e.f. .

section 23. of the depositories act : show related subordinates 1 any person aggrieved by 2 an order of the board made before the commencement of the securities laws second amendment act, 32 of under this act, or the regulations made thereunder may prefer an appeal to the central government within such time as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. 4 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. 1. subs. by act 32 of , s. 14, for an order of the board made w.e.f..

section 23a. of the depositories act : show related subordinates 1 23a. appeal to securities appellate tribunal.1 save as provided in subsection 2, any person aggrieved by an order of the board made, on and after the commencement of the securities laws second amendment act, 32 of , under this act, or the regulations made thereunder, 2 or by an order made by an adjudicating officer under this act may prefer an appeal to a securities appellate tribunal having jurisdiction in the matter. 3 3 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the board is received by the person referred to in subsection 1 and it shall be in such form and be accompanied by such fees as may be prescribed: provided that the securities appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, the securities appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the securities appellate tribunal shall send a copy of every order made by it to the board and parties to the appeal. 6 the appeal filed before the securities appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1. ins. by act 32 of , s. 15 w.e.f. . 2. ins. by act 1 of , s. 20 w.e.f. . 3. omitted by act 27 of , s. 54 w.e.f .

section 23b. of the depositories act : 123b. procedure and powers of securities appellate tribunal.1 the securities appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the securities appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. 2 the securities appellate tribunal shall have, for the purpose of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g setting aside any order of dismissal of any application for default or any order passed by it ex parte and h any other matter which may be prescribed. 3 every proceeding before the securities appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of and the securities appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 32 of , s. 15 w.e.f. .

section 23c. of the depositories act : 123c. right to legal representation.the appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the securities appellate tribunal. explanation.for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of cost and works accountants act, 23 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice. 1. ins. by act 32 of , s. 15 w.e.f. .

section 27. of the depositories act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 23e. civil court not to have jurisdiction of the depositories act : 123e. civil court not to have jurisdiction.no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a securities appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. ins. by act 32 of , s. 15 w.e.f. .

section 23f. appeal to supreme court of the depositories act : 11 23f. appeal to supreme court.any person aggrieved by any decision or order of the securities appellate tribunal may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the securities appellate tribunal to him on any question of law arising out of such order: provided that the supreme court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 1. ins. by act 32 of , s. 15 w.e.f. . 2. subs. by act 1 of , s. 21, for section 23f w.e.f. .

section 28. of the depositories act : the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in force relating to the holding and transfer of securities.

section 23g. of the depositories act : 123g. powers of board not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the board under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 24. of the depositories act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1 a the manner of inquiry under subsection 1 of section 19h aa the time within which an appeal may be preferred under subsection 1 of section 23 b the form in which an appeal may be preferred under subsection 3 of section 23 and the fees payable in respect of such appeal c the procedure for disposing of an appeal under subsection 4 of section 23 2 d the form in which an appeal may be filed before the securities appellate tribunal under section 23a and the fees payable in respect of such appeal. 1. subs. by s. 22, ibid., for clause a w.e.f. . 2. ins. by act 32 of , s. 16 w.e.f. .

section 25. of the depositories act : 1 without prejudice to the provisions contained in section 30 of the securities and exchange board of india act, 15 of , the board may, by notification in the official gazette, make regulations consistent with the provisions of this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the form in which record is to be maintained under clause i of subsection 1 of section 2 b the form in which the certificate of commencement of business shall be issued under subsection 2 of section 3 c the manner in which the certificate of security shall be surrendered under subsection 1 of section 6 d the manner of creating a pledge or hypothecation in respect of security owned by a beneficial owner under subsection 1 of section 12 e the conditions and the fees payable with respect to the issue of certificate of securities under subsection 3 of section 14 f the rights and obligations of the depositories, participants and the issuers under subsection 1 of section 17 g the eligibility criteria for admission of securities into the depository under subsection 2 of section 17 1 h the terms determined by the board for settlement of proceedings under subsection 2 of section 19ia i any other matter which is required to be, or may be, specified by regulations or in respect of which provision to be made by regulations. 1. ins. by act 27 of , s. 55 w.e.f. .

section 26. of the depositories act : 1 a depository shall, with the previous approval of the board, make byelaws consistent with the provisions of this act and the regulations. 2 in particular, and without prejudice to the generality of the foregoing power, such byelaws shall provide for a the eligibility criteria for admission and removal of securities in the depository b the conditions subject to which the securities shall be dealt with c the eligibility criteria for admission of any person as a participant d the manner and procedure for dematerialisation of securities e the procedure for transactions within the depository f the manner in which securities shall be dealt with or withdrawn from a depository g the procedure for ensuring safeguards to protect the interests of participants and beneficial owners h the conditions of admission into and withdrawal from a participant by a beneficial owner i the procedure for conveying information to the participants and beneficial owners on dividend declaration, shareholder meetings and other matters of interest to the beneficial owners j the manner of distribution of dividends, interest and monetary benefits received from the company among beneficial owners k the manner of creating pledge or hypothecation in respect of securities held with a depository l inter se rights and obligations among the depository, issuer, participants and beneficial owners m the manner and the periodicity of furnishing information to the board, issuer and other persons n the procedure for resolving disputes involving depository, issuer, company or a beneficial owner o the procedure for proceeding against the participant committing breach of the regulations and provisions for suspension and expulsion of participants from the depository and cancellation of agreements entered with the depository p the internal control standards including procedure for auditing, reviewing and monitoring. 3 where the board considers it expedient so to do, it may, by order in writing, direct a depository to make any byelaws or to amend or revoke any byelaws already made within such period as it may specify in this behalf. 4 if the depository fails or neglects to comply with such order within the specified period, the board may make the byelaws or amend or revoke the byelaws made either in the form specified in the order or with such modifications thereof as the board thinks fit

section 31. of the depositories act : 1 the depositories third ordinance, ord. 28 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 29. removal of difficulties of the depositories act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 30.. of the depositories act : amendments to certain enactments. rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 30a. of the depositories act : 1 30a. validation of certain acts. any act or thing done or purporting to have been done under the principal act, in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times. 1. ins. by act 27 of , s. 56 w.e.f. .

section 5. of the hindu disposition of property act : where the 1state government is of opinion that the khoja community in 2the state or any part thereof desire that the provisions of this act should be extended to such community 3it may by notification in the official gazette, declare that the provisions of this act, with the substitution of the word khojas or khoja, as the case may be, for the word hindus or hindu wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this act shall thereupon have effect accordingly. 1. subs. by the a.o. , for g.g. in c.. 2. subs., ibid., for british india. 3. subs., ibid., for he.

section 1. of the hindu disposition of property act : 1 this act may be called the hindu disposition of property act, . 12 it extends to the whole of india 2.3 1. subs. by act 48 of , s. 3 and sch. i, for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. the act has been extended to dadra and nagar haveli by reg. 6 of , s. 2 and sch. in its application to pondicherry, in section 1, after subsection 2, the following shall be inserted provided that nothing contained in this act, shall apply to the renoncants of the union territory of pondicherry. vide act 26 of .

section 4.. of the hindu disposition of property act : failure of prior disposition. rep. by the transfer of property amendment supplementary act, 21 of, s. 12.

section 2. of the hindu disposition of property act : subject to the limitations and provisions specified in this act, no disposition of property by a hindu, whether by transfer inter vivos or by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.

section 3. of the hindu disposition of property act : the limitations and provisions referred to in section 2 shall be the following, namely: a in respect of dispositions by transfer inter vivos, those contained in 1chapter ii of the transfer of property act, 4 of , and b in respect of dispositions by will, those contained in 2sections 113, 114, 115 and 116 of the indian succession act, 33 of . 1. subs. by act 21 of , s. 12, for sections 13, 14 and 20. 2. subs. by s. 12, ibid., for sections 100 and 101 of the indian succession act, .

section 8. of the maintenance orders enforcement act : 1 subject to the provisions of this act, where an order has been registered under this act in a high court, the order shall, from the date of such registration, be of the same force and effect, and all proceedings may be taken thereon as if it had been an order originally obtained in the high court in the exercise of its civil jurisdiction, or in such civil court subordinate to that high court as may be named by the high court in this behalf, and that court shall have power to enforce the order accordingly. 2 a court of summary jurisdiction in which an order has been registered under this act or by which an order has been confirmed under this act, and the officers of such court, shall have such powers and perform such duties, for the purpose of enforcing the order, as may be prescribed.

section 1. of the maintenance orders enforcement act : 1 this act may be called the maintenance orders enforcement act, . 12 it extends to the whole of india 2except the state of jammu and kashmir. 1. subs., ibid.,for subsection 2. 2. subs. by act 3 of , s. 3 and the schedule, for except part b states. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the maintenance orders enforcement act : in this act, unless there is anything repugnant in the subject or context, court of summary jurisdiction means the court of a chief presidency magistrate or of a district magistrate dependants means such persons as a person against whom a maintenance order is made is liable to maintain according to the law in force in 1 the reciprocating territory in which the maintenance order is made 2india means the territory of india excluding the state of jammu and kashmir maintenance order means a decree or order, other than an order of affiliation, made by a court in the exercise of civil or criminal jurisdiction for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made prescribed means prescribed by rules made under this act proper authority means the authority appointed by, or under the law of, a reciprocating territory to receive and transmit documents to which this act applies and 3reciprocating territory means any country or territory outside india in respect of which this act for the time being applies by virtue of a declaration under section 3. 4 1. subs. by act 47 of , s. 3, for the part of his majestys dominions. 2. ins. by act 3 of , s. 3 and the schedule. 3. subs. by act 47 of , s. 3, for definition of reciprocating territory. 4. definition of states omitted by act 3 of , s. 3 and the schedule. earlier it was inserted by the a.o. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the maintenance orders enforcement act : 1 where a maintenance order has been made by a court in a reciprocating territory and the order is provisional only, and has no effect unless and until confirmed by a court of summary jurisdiction in 1 india, and a certified copy of the order, together with the depositions of the witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to the central government, and it appears to the central government that the person against whom the order has been made is resident in 1 india, the central government may send the said documents to the prescribed officer of a court of summary jurisdiction, with a requisition that a summons be issued calling upon the person to show cause why that order should not be confirmed, and, upon receipt of such documents and requisition, the court shall issue such a summons and cause it to be served upon such person. 2 a summons issued under subsection 1 shall for all purposes be deemed to be a summons issued by the court in the exercise of its original criminal jurisdiction. 3 at the hearing it shall be open to the person to whom the summons was issued to raise any defence which he might have raised in the original proceedings had he been a party thereto, but no other defence, and the certificate from the court which made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds are grounds on which objection may be taken. 4 if at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the court that the order ought not to be confirmed, the court may, notwithstanding any pecuniary limit imposed on its power by any law for the time being in force in 1 india, confirm the order either without modification or with such modifications as to the court after hearing the evidence may seem just: provided that no sum shall be awarded as maintenance under this section, or shall be recoverable as such, at a rate exceeding that proposed in the provisional order. 5 if the person to whom the summons was issued appears at the hearing and satisfies the court that for the purpose of any defence it is necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court may for that purpose send a certified copy of the record to the central government for transmission to that court through the proper authority of the reciprocating territory, and may adjourn the proceedings. 6 where a provisional order has been confirmed under this section, it may be varied for rescinded in like manner as if it had originally been made by the confirming court, and where on an application for rescission or variation the court is satisfied that it is necessary to remit the case to the court which made the provisional order for the purpose of taking any further evidence, the court may for that purpose send a certified copy of the record to the central government for transmission to that court through the proper authority of the reciprocating territory, and may adjourn the proceedings. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 3. of the maintenance orders enforcement act : 13. declaration of reciprocal arrangements.if the central government is satisfied that legal provision exists in any country or territory outside india for the enforcement within that country or territory of maintenance orders made by courts in india, the central government may, by notification in the official gazette, declare that this act applies in respect of that country or territory and thereupon it shall apply accordingly. 1. subs. by act 47 of , s. 4, for section 3.

section 9. of the maintenance orders enforcement act : a court in registering or confirming an order for maintenance in accordance with the provisions of this act shall direct that the charges for the transmission to the court, from which the order has been received or in which the provisional order has been made, as the case may be, of the sum awarded as maintenance shall be borne by the person against whom the order has been so made or confirmed, and shall be recovered from him in addition to the sum awarded as maintenance and in addition to, and in the same manner as, such other costs and charges as may be awarded or levied by the court.

section 4. of the maintenance orders enforcement act : 1 where a maintenance order has, whether before or after the passing of this act, been made against any person by any court in any reciprocating territory, and a certified copy of the order has been transmitted by the proper authority of that territory to the central government, the central government shall send a copy of the order to the prescribed officer of a court in 1 india for registration, and, on receipt thereof, the order shall be registered in the prescribed manner. 2 the court in which an order is to be so registered as aforesaid shall, if the court by which the order was made was, in the opinion of the central government, a court of superior jurisdiction, be a high court, and, if the court was not, in its opinion, a court of superior jurisdiction, be a court of summary jurisdiction. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 6. of the maintenance orders enforcement act : 1 where application is made to a court of summary jurisdiction in 1 india for a maintenance order against any person, and it is proved that that person is resident in a reciprocating territory, the court may, in the absence of that person, if after hearing the evidence it is satisfied of the justice of the application, make any such order as it might have made if that person had wilfully neglected to attend the court but in such case the order shall be provisional only and shall have no effect unless and until confirmed by a competent court in such territory. 2 the evidence of every witness who is examined on any such application shall be reduced to writing, and such deposition shall be read over to, and signed by, him. 3 where such an order is made, the court shall send to the central government, for transmission to the proper authority of the reciprocating territory in which the person against whom the order is made is alleged to reside, the depositions so taken and a certified copy of the order together with a statement of the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons and had appeared at the hearing and such information as the court possesses for facilitating the identification of that person and ascertaining his whereabouts. 4 where any such provisional order has come before a court in a reciprocating territory for confirmation, and the order has by that court been remitted to the court of summary jurisdiction which made the order for the purpose of taking further evidence, that court shall, after giving the prescribed notice, proceed to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application. 5 if it appears to the court hearing such evidence that the order ought not to have been made, the court may rescind the order, but in any other case the depositions shall be sent to the central government and dealt with in like manner as the original depositions. 6 the confirmation of an order made under this section shall not affect any power of a court of summary jurisdiction to vary or rescind that order: provided that, on the making of a varying or rescinding order, the court shall send a certified copy thereof to the central government for transmission to the proper authority of the reciprocating territory in which the original order was confirmed, or to which it was sent for confirmation and that, in the case of an order varying the original order, the order shall not have any effect unless and until confirmed in like manner as the original order. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 5. of the maintenance orders enforcement act : where a court in 1 india has, whether before or after the commencement of this act, made a maintenance order against any person, and it is proved to that court that the person against whom the order was made is resident in a reciprocating territory, the court shall send to the central government, for transmission to the proper authority of that territory, a certified copy of the order. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 12. of the maintenance orders enforcement act : 1 1 the central government 2 may, by notification in the official gazette, make rules3 for the purpose of carrying into effect the purposes of this act, and in particular may make rules for the levy of the costs or charges for anything done under this act and for all matters which are directed or permitted to be prescribed. 4 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section12, renumbered as subsection 1 thereof by act 20 of , s. 2 and the schedule w.e.f. . 2. subs. by s. 2 and the schedule, ibid., for may make rules w.e.f. . 3. for such rules, see gazette of india, , pt. i, p. . 4. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 10. of the maintenance orders enforcement act : for the purposes of this act, any document purporting to be signed by a judge or officer of a court outside 1 india shall, until the contrary is proved, be deemed to have been so signed without proof of the signature of judicial or official character of the person appearing to have signed it, and the officerof a court by whom a document is signed shall, until the contrary is provided, be deemed to have been the proper officer of the court to sign the document. 1. subs. by act 3 of , s. 3 and the schedule, for the states.

section 11. of the maintenance orders enforcement act : depositions taken in a court in any reciprocating territory may, for the purposes of this act, be received in evidence in proceedings before courts of summary jurisdiction under this act.

section 1. of the diplomatic and consular officers oaths and fees act : this act may be called the diplomatic and consular officers oaths and fees act, .

section 2. of the diplomatic and consular officers oaths and fees act : in this act, a consular officer includes consulgeneral, consul, viceconsul, consular agent, proconsul and any other person authorised to perform the duties of consulgeneral, consul, viceconsul or consular agent b diplomatic officer means any ambassador, envoy, minister, charge daffaires, or secretary of embassy or legation and c prescribed means prescribed by rules made under this act. 1 1. omitted by act 2 of , s. 2.

section 8. of the diplomatic and consular officers oaths and fees act : show related subordinates 1 the central government may 1, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the scale of fees leviable under this act and the manner in which such fees shall be levied and collected b the remuneration, if any, payable to a diplomatic or consular officer in the execution of any of the duties vested in him by this act c the registers to be kept and the returns to be made in pursuance of this act and d the manner in which copies of tables of fees may be published and distributed. 23 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by act 2 of , s. 3.

section 3. of the diplomatic and consular officers oaths and fees act : 1 every diplomatic or consular officer may, in any foreign country or place where he is exercising his functions, administer any oath and take any affidavit and also do any notarial act which any notary public may do within 1a state and every oath, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in 2a state. 2 any document purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person authorised by this act to administer an oath in testimony of any oath, affidavit or act, being administered, taken or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person. 1. subs. by the adaptation of laws no. 3 order, . 2. subs., ibid., for any part a state.

section 5. of the diplomatic and consular officers oaths and fees act : any offence under this act may be inquired into, dealt with, tried and punished in 1any 2state in which the person charged with the offence was apprehended or is in custody, in the same manner and to the same extent as if the offence had been committed within the state where he was apprehended or is in custody 1. subs. by the a.o. , for any province of india. 2. subs. by the adaptation of laws no. 3 order, , for part a or part c state.

section 4. of the diplomatic and consular officers oaths and fees act : 1 whoever swears falsely in any oath or affidavit taken or made in accordance with the provisions of this act shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 whoever forges or fraudulently alters the seal or signature of any person authorised by or under this act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal or signature so forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeited or fraudulently altered, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

section 6. of the diplomatic and consular officers oaths and fees act : 1 the central government may, from time to time, prescribe the fees to be levied in respect of any matter or thing done by a diplomatic or consular officer in the execution of his office. 2 all such fees shall be levied, accounted for and applied and may be remitted in such manner as may be prescribed. 3 a diplomatic or consular officer shall not, save as may be provided by any rules made in this behalf, ask for or take any fee or reward for or on account of any act or thing, or service done, performed or rendered by him in the execution of his office.

section 7. of the diplomatic and consular officers oaths and fees act : 1 tables of the fees which may, for the time being, be levied under the rules shall be published in such manner and copies thereof shall be issued gratuitously to such persons as may be prescribed. 2 every consular officer, and every diplomatic officer in any: foreign country or place where there is no consular officer, shall keep exhibited in a conspicuous place in his office a copy of the table of fees to be levied under this act and shall permit the same to be inspected by any person interested therein.

section 8. of the punjab reorganisation act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the government of punjab or haryana or the administrator of the union territory of himachal pradesh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the state or union territory, as the case may be.

section 1. of the punjab reorganisation act : this act may be called the punjab reorganisation act, .

section 2. of the punjab reorganisation act : show related subordinates in this act, unless the context otherwise requires, a administrator the administrator of a union territory appointed by the president under article 239 of the constitution b appointed day means the 1st day of november, c article means an article of the constitution d assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of e delimitation commission means the delimitation commission constituted under section 3 of the delimitation commission act, 61 of f existing state of punjab means the state of punjab as existing immediately before the appointed day g law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing state of punjab h notified order means an order published in the official gazette i population ratio, in relation to the states of haryana and punjab and the union, means the ratio of 37.38 to 54.84 to 7.78 j prescribed means prescribed by rules made under this act k sitting member, in relation to either house of parliament or of the legislature of the existing state of punjab, means a person who immediately before the appointed day is a member of that house l state of punjab means the state with the same name, comprising the territories referred to in subsection 1 of section 6 m successor state, in relation to the existing state of punjab, means the state of punjab or haryana, and includes also the union in relation to the union territory of chandigarh and the transferred territory ntransferred territory means the territory which on the appointed day is transferred from the existing state of punjab to the union territory of himachal pradesh o treasury includes a subtreasury and p any reference to a district, tahsil or other territorial division of the existing state of punjab shall be construed as a reference to the area comprised within that territorial division on the 1st day of july, .

section 7. of the punjab reorganisation act : on and from the appointed day, in the first schedule to the constitution, a under the heading i. the states, i in the paragraph relating to the territories of the state of punjab, the following shall be added at the end, namely: and the territories specified in subsection 1 of section 3, section 4 and subsection 1 of section 5 of the punjab reorganisation act, ii after entry 16, the following entry shall be inserted, namely: 17. haryana the territories specified in subsection 1 of section 3 of the punjab reorganisation act, b under the heading ii. the union territories, i in the paragraph relating to the extent of the union territory of himachal pradesh, the following shall be added at the end, namely: and the territories specified in subsection 1 of section 5 of the punjab reorganisation act, ii after entry 9, the following entry shall be inserted, namely: 10. chandigarh the territories specified in section 4 of the punjab reorganisation act, ..

section 3. of the punjab reorganisation act : show related subordinates 1 on and from the appointed day, there shall be formed a new state to be known as the state of haryana comprising the following territories of the existing state of punjab, namely: a hissar, rohtak, gurgaon, karnal and mahendragarh districts b norwana and jind tahsils of sangrur district c ambala, jagadhri and naraingarh tahsils of ambala district d pinjore kanungo circle of kharar tahsil of ambala district and e the territories in manimajra kanungo circle of kharar tahsil of ambala district specified in the first schedule, and thereupon the said territories shall cease to form part of the existing state of punjab. 2 the territories referred to in clause b of subsection 1 shall form a separate district known as the jind district in the state of haryana. 3 the territories referred to in clauses c, d and e of subsection 1 shall form a separate district to be known as ambala district in the state of haryana and in that district, i the territories referred to in clauses d and e of subsection 1 shall be included in, and form part of, the naraingarh tahsil, and ii the territories referred to in clause e of subsection 1 shall be included in, and form part of, pinjore kanungo circle in the naraingarh tahsil.

section 9. of the punjab reorganisation act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a entries 5 to 21 shall be renumbered as entries 6 to 22 respectively b after entry 4, the following entry shall be inserted, namely: 5. haryana....5 c in entry 12 as so renumbered, for the figures 11, the figure 7 shall be substituted d in entry 19 as so renumbered, for the figure 2, the figure 3 shall be substituted and e for the figures 226, the figures 228 shall be substituted.

section 4. of the punjab reorganisation act : on and from the appointed day, there shall be formed a new union territory to be known as the union territory of chandigarh comprising such of the territories of manimajra and manauli kanungo circles of kharar tahsil of ambala district in the existing state of punjab as are specified in the second schedule and thereupon the territories so specified shall cease to form part of the existing state of punjab.

section 10. of the punjab reorganisation act : show related subordinates 1 on and from the appointed day, the eleven sitting members of the council of states representing the existing state of punjab shall be deemed to have been elected to fill the seats allotted to the states of haryana and punjab and the union territory of himachal pradesh, as specified in the fourth schedule. 2 the term of office of such sitting members shall remain unaltered.

section 5. of the punjab reorganisation act : 1 on and from the appointed day, there shall be added to the union territory of himachal pradesh the territories in the existing state of punjab comprised in a simla, kangra, kulu and lahaul and spiti districts b nalagarh tahsil of ambala district c lohara, amb and una kanungo circles of una tahsil of hoshiarpur district d the territories in santokhgarh kanungo circle of una tahsil of hoshiarpur district specified in part i of the third schedule e the territories in una tahsil of hoshiarpur district specified in part ii of the third schedule and f the territories of dhar kalan kanungo circle of pathankot tahsil of gurdaspur district specified in part iii of the third schedule, and thereupon the said territories shall cease to form part of the existing state of punjab. 2 the territories referred to in clause b of subsection 1 shall be included in, and form part of, simla district. 3 the territories referred to in clauses c, d and e of subsection 1 shall be included in, and form part of, kangra district, and i the territories referred to in clauses c and d shall form a separate tahsil known as una tahsil in that district and in that tahsil the territories referred to in clause d shall form a separate kanungo circle known as the santokhgarh kanungo circle and ii the territories referred to in clause e shall form part of the hamirpur tahsil in the said district. 4 the territories referred to in clause f of subsection 1 shall be included in, and form part of, the bhattiyat tahsil of chamba district in the union territory of himachal pradesh and in that tahsil, the villages dalhousie and balun shall be included in, and form part of, banikhet kanungo circle and the village bakloh shall form part of chowari kanungo circle.

section 6. of the punjab reorganisation act : 1 on and from the appointed day, the state of punjab shall comprise the territories of the existing state of punjab other than those specified in subsection 1 of section 3, section 4 and subsection 1 of section 5. 2 the territories which immediately before the appointed day were part of ambala district in the existing state of punjab but are not transferred by virtue of sections 3, 4 and 5, shall, together with the territories which immediately before that day were part of the una tahsil of hoshiarpur district in the existing state of punjab but are not transferred by virtue of section 5, form a separate district known as the rupar district in the state of punjab and in that district i the territories which immediately before the appointed day were part of manimajra kanungo circle of kharar tahsil of ambala district but are not transferred by virtue of sections 3 and 4, shall form in that tahsil a separate kanungo circle called the mullanpur kanungo circle ii the territories which immediately before the appointed day were part of una tahsil of hoshiarpur district but are not transferred by virtue of section 5, shall form a separate tahsil known as anandpur sahib tahsil, and in that tahsil, the territories which immediately before the appointed day were part of santokhgarh kanungo circle of una tahsil of hoshiarpur district but are not transferred by virtue of section 5, shall be included in, and form part of nurpur bedi kanungo circle.

section 11. of the punjab reorganisation act : 1 as soon as may be after the appointed day, byeelections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the state of haryana. 2 the term of office of such one of the two members so elected, as the chairman of the council of states may determine by drawing lot, shall expire on the 2nd day of april, , and the term of office of the other member shall expire on the 2nd day of april, .

section 12. of the punjab reorganisation act : nothing in part ii shall be deemed to affect the constitution or duration of the existing house of the people or the extent of the constituency of any sitting member of that house.

section 13. of the punjab reorganisation act : show related subordinates 1 the number of seats as on the appointed day in the legislative assemblies of the states of haryana and punjab and the union territory of himachal pradesh shall be fiftyfour, eightyseven and fiftysix respectively. 2 in the second schedule to the representation of the people act, 43 of a after entry 4, the following entry shall be inserted, namely: 4a. haryana . . . 54 b in entry 11, for the figures 154, the figures 87 shall be substituted and c in entry 16, for the figures 40, the figures 54 shall be substituted.

section 14. of the punjab reorganisation act : on and from the appointed day, part b of schedule xi to the delimitation of parliamentary and assembly constituencies order, , and the schedule to the delimitation of territorial council constituencies himachal pradesh order, , shall stand amended as directed in the fifth schedule to this act.

section 19. of the punjab reorganisation act : show related subordinates the rules of procedure and conduct of business of the legislative assembly of punjab as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of haryana, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 15. of the punjab reorganisation act : show related subordinates 1 every sitting member of the legislative assembly of punjab elected to fill a seat in that assembly from a constituency which on the appointed day by virtue of the provisions of section 14 stands allotted, with or without alteration of boundaries, to the state of haryana or to the union territory of himachal pradesh, shall, on and from that day, cease to be a member of the legislative assembly of punjab and shall be deemed to have been elected to fill a seat in the legislative assembly of haryana or in the legislative assembly of himachal pradesh, as the case may be, from that constituency as so allotted. 2 all other sitting members of the legislative assembly of punjab shall continue to be members of the legislative assembly of that state and any such sitting member representing a constituency the extent, or the name and extent, of which are altered by virtue of the provisions of section 14 shall be deemed to have been elected to the legislative assembly of punjab by that constituency as so altered. 3 notwithstanding anything contained in any other law for the time being in force, the legislative assemblies of haryana, punjab and himachal pradesh shall be deemed to be duly constituted on the appointed day.

section 16. of the punjab reorganisation act : the period of five years referred to in clause 1 of article 172 shall, in the case of the legislative assembly of haryana, be deemed to have commenced on the date on which it actually commenced in the case of the legislative assembly of punjab.

section 17. of the punjab reorganisation act : the changes in the composition of the legislative assemblies of punjab and himachal pradesh shall not affect the duration of either of those assemblies.

section 18. of the punjab reorganisation act : 1 the person who immediately before the appointed day is the speaker of the legislative assembly of punjab shall continue to be the speaker of that assembly on and from that day. 2 as soon as may be after the appointed day, the legislative assembly of haryana shall choose a member of that assembly to be speaker of that assembly. 3 the person who immediately before the appointed day is the deputy speaker of the legislative assembly of punjab shall be the deputy speaker of the legislative assembly of haryana. 4 as soon as may be after the appointed day, the legislative assembly of punjab shall choose a member of that assembly to be deputy speaker of that assembly.

section 21. of the punjab reorganisation act : on and from the appointed day, the delimitation of council constituencies punjab order, , shall stand amended as directed in the sixth schedule.

section 25. of the punjab reorganisation act : 1 the delimitation commission shall, in the manner herein provided, distribute the seats in the house of the people allotted to haryana, punjab and himachal pradesh under section 23 and the seats assigned to the legislative assembly of each of them under section 24 to singlemember territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the constitution and to the following provisions, namely: a all constituencies shall, as far as practicable be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience b every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency c constituencies in which seats are reserved for the scheduled castes shall be distributed in different parts of the state or union territory, as the case may be, and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large and d constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 2 for the purpose of assisting it in the performance of its functions under subsection 1, the delimitation commission shall associate with itself in respect of each state and union territory such six persons as the central government may by order specify, being persons who are members either of the house of the people or of the legislative assembly of haryana, punjab or himachal pradesh: provided that such persons shall be chosen, as far as practicable, from among those members who were associated before the commencement of this act with the delimitation commission in delimiting constituencies of punjab or himachal pradesh: provided further that none of the associate members shall have a right to vote or to sign any decision of the delimitation commission. 3 the delimitation commission shall, by one or more orders, determine the delimitation of the parliamentary and assembly constituencies referred to in subsection 1. 4 the provisions of sections 7, 10 and 11 of the delimitation commission act, 61 of , shall apply in relation to the delimitation of parliamentary and assembly constituencies under this part as they apply in relation to the delimitation of parliamentary and assembly constituencies under the said act. 5 upon publication in the gazette of india of the order or orders of the delimitation commission made under subsection 3, the orders previously made by it delimiting the parliamentary and assembly constituencies of punjab and himachal pradesh shall stand cancelled.

section 20. of the punjab reorganisation act : on and from the appointed day, there shall be forty seats in the legislative council of punjab, and in the third schedule to the representation of the people act, 43 of , for the existing entry 7, the following entry shall be substituted, namely: 7. punjab . . 14 6.

section 22. of the punjab reorganisation act : 1 on the appointed day, the sitting members of the legislative council of punjab specified in the seventh schedule shall cease to be members of that council. 2 on and from the appointed day, all sitting members of the legislative council of punjab, other than those referred to in subsection 1, shall continue to be members of that council. 3 any of the sitting members continuing as aforesaid, representing a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be deemed to have been elected to the legislative council of punjab by that constituency as so altered. 4 every sitting member of the said council representing immediately before the appointed day any of the council constituencies specified in column 1 of the table below shall be deemed to have been elected to the said council by the council constituency specified against that constituency in column 2 of the said table: table 1 2 punjab west central graduates punjab central graduates. punjab east central graduates punjab south graduates. punjab west central teachers punjab central teachers. punjab east central teachers punjab south teachers. patiala local authorities patialacumrupar local authorities. 5 the term of office of the members referred to in subsection 2 shall remain unaltered. 6 as soon as may be after the appointed day, elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the several council constituencies by the delimitation of council constituencies punjab order, , as amended by this act and to fill the vacancy existing on that day in the seats to be filled by persons elected by the members of the legislative assembly. 7 the term of office of the three members so elected from ferozepur local authorities constituency, jullundur local authorities constitutency and ludhiana local authorities constituency and of the member so elected by the members of the legislative assembly shall expire on the 26th day of april, , and the term of office of the member so elected from patialacumrupar local authorities constituency shall expire on the 26th day of april, . 8 the person who immediately before the appointed day is the chairman of the legislative council of punjab shall continue to be the chairman of that council on and from that day. 9 as soon as may be after the appointed day, the legislative council of punjab shall choose one of its members to be the deputy chairman thereof.

section 23. of the punjab reorganisation act : in the house of the people to be constituted after the commencement of this act, there shall be allotted, a nine seats to the state of haryana of which two seats shall be reserved for the scheduled castes b thirteen seats to the state of punjab of which three seats shall be reserved for the scheduled castes c six seats to the union territory of himachal pradesh of which one seat shall be reserved for the scheduled castes and d one seat to the union territory of chandigarh which shall form one parliamentary constituency.

section 24. of the punjab reorganisation act : show related subordinates 1 the total number of seats in the legislative assembly of haryana to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be eightyone of which fifteen seats shall be reserved for the scheduled castes. 2 the total number of seats in the legislative assembly of punjab to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be one hundred and four of which twentythree seats shall be reserved for the scheduled castes. 3 the total number of seats in the legislative assembly of himachal pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty of which fourteen seats shall be reserved for the scheduled castes and three seats shall be reserved for the scheduled tribes. notifications yeardescriptionfiles extension of the haryana prevention of beggary act, to chd dt. 28.04.

section 27. of the punjab reorganisation act : 1 on and from the appointed day, the constitution scheduled castes order, , shall stand amended as directed in the eighth schedule. 2 on and from the appointed day, the constitution scheduled castes union territories order, , shall stand amended as directed in the ninth schedule.

section 33. of the punjab reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of punjab shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court.

section 26. of the punjab reorganisation act : .on and from the appointed day, in article 371 of the constitution, in clause 1, the words or punjab shall be omitted.

section 28. of the punjab reorganisation act : 1 on and from the appointed day, the constitution scheduled tribes order, , shall stand amended as directed in the tenth schedule. 2 on and from the appointed day, the constitution scheduled tribes union territories order, , shall stand amended as directed in the eleventh schedule.

section 30. of the punjab reorganisation act : on and from the appointed day, the common high court shall have, in respect of the territories comprised in the states of punjab and haryana and the union territory of chandigarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of those territories by the high court of punjab and shall, save as otherwise provided in this part, have no jurisdiction in respect of the transferred territory.

section 31. of the punjab reorganisation act : 1 on and from the appointed day, a in the advocates act, 25 of , in subsection 1 of section 3, for clause d, the following clause shall be substituted, namely: d for the states of punjab and haryana and the union territories of chandigarh and himachal pradesh, to be known as the bar council of punjab and haryana b the bar council of punjab shall be deemed to be the bar council of punjab and haryana with the advocategeneral of the state of haryana also as an ex officio member. 2 any person who immediately before the appointed day is an advocate entitled to practice in the high court of punjab shall be entitled to practise as an advocate in the common high court. 3 all persons who immediately before the appointed day are advocates on the roll of the bar council of punjab shall, as from that day, become advocates on the roll of the bar council of punjab and haryana. 4 the right of audience in the common high court shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the high court of punjab: provided that as between the advocategeneral of punjab and the advocategeneral of haryana, the right of audience shall be determined with reference to their dates of enrolment as advocates.

section 29. of the punjab reorganisation act : 1 on and from the appointed day, a there shall be a common high court for the states of punjab and haryana and for the union territory of chandigarh to be called the high court of punjab and haryana hereinafter referred to as the common high court b the judges of the high court of punjab holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court. 2 the expenditure in respect of salaries and allowances of the judges of the common high court shall be allocated amongst the states of punjab and haryana and the union territory of chandigarh in such proportion as the president may, by order, determine.

section 32. of the punjab reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of punjab shall, with the necessary modifications, apply in relation to the common high court.

section 34. of the punjab reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 35. of the punjab reorganisation act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common high court.

section 36. of the punjab reorganisation act : 1 the principal seat of the common high court shall, unless otherwise determined by the president after consultation with the chief justice of that high court and the governors of punjab and haryana, be at the same place as the principal seat of the high court of punjab immediately before the appointed day. 2 the president may, after consultation with the chief justice of the common high court and the governors of the states of punjab and haryana, by notified order, provide for the establishment of a permanent bench or benches of that high court at one or more places within the territories to which the jurisdiction of the high court extends, other than the principal seat of the high court, and for any matters connected therewith. 3 notwithstanding anything contained in subsection 1 or subsection 2, the judges and division courts of the common high court may also sit at such other place or places in the states of punjab and haryana as the chief justice may, with the approval of the governors of the states of punjab and haryana, appoint.

section 41. of the punjab reorganisation act : nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provision.

section 37. of the punjab reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of punjab and the judges and division courts thereof, shall, with the necessary modifications, apply in relation to the common high court.

section 38. of the punjab reorganisation act : on and from the appointed day, the jurisdiction of the court of the judicial commissioner for himachal pradesh shall extend to the transferred territory.

section 43. of the punjab reorganisation act : 1 on and from the appointed day, any act passed by the legislative assembly of the union territory of himachal pradesh before that day for the appropriation of any money out of the consolidated fund of that union territory to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the transferred territory and it shall be lawful for the government of himachal pradesh to spend any amount in the transferred territory out of the amount authorised by such act to be expended for any service in that union territory. 2 the administrator of himachal pradesh may, after the appointed day, authorise such expenditure from the consolidated fund of the union territory as he deems necessary for any purpose or service in the transferred territory for any period not extending beyond the 31st day of march, , pending the sanction of such expenditure by the legislative assembly of himachal pradesh.

section 39. of the punjab reorganisation act : 1 all proceedings pending in the high court of punjab immediately before the appointed day shall, on that day, stand transferred to the common high court. 2 such proceedings which stand transferred to the common high court under subsection 1 as are certified by the chief justice of the common high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the court of the judicial commissioner for himachal pradesh shall, as soon as may be after such certification, be transferred to the court of the judicial commissioner for himachal pradesh. 3 notwithstanding anything contained in the foregoing provisions of this part, but save as hereinafter provided, the common high court shall have, and the court of the judicial commissioner for himachal pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of punjab before the appointed day: provided that if, after any such proceedings have been entertained by the common high court, it appears to the chief justice of that high court that they ought to be transferred to the court of the judicial commissioner for himachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order a made by the high court of punjab before the appointed day, in any proceeding transferred to the court of the judicial commissioner for himachal pradesh by virtue of subsection 2, or b made by the common high court in any proceeding with respect to which that high court has jurisdiction by virtue of subsection 3, shall for all purposes have effect not only as an order of the high court of punjab or, as the case may be, of the common high court, but also as an order made by the court of the judicial commissioner for himachal pradesh.

section 40. of the punjab reorganisation act : for the purposes of this part, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 42. of the punjab reorganisation act : the governor of the existing state of punjab may at any time, before the appointed day, authorise such expenditure from the consolidated fund of the state of haryana as he deems necessary for any period not extending beyond the 31st day of march, , pending the sanction of such expenditure by the legislative assembly of haryana: provided that the governor of haryana may, after the appointed day, authorise such further expenditure from the consolidated fund of the state as he deems necessary for the said period pending such sanction.

section 44. of the punjab reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 relating to the accounts of the existing state of punjab in respect of any period prior to the appointed day, shall be submitted to the governor of each of the states of punjab and haryana and the administrator of himachal pradesh who shall cause them to be laid before the legislature of that state or union territory, as the case may be. 2 the president may by order a declare any expenditure incurred out of the consolidated fund of punjab on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 45. of the punjab reorganisation act : the allowances and privileges of the governor of haryana shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 46. of the punjab reorganisation act : the constitution distribution of revenues order, , the union duties of excise distribution act, 3 of , the additional duties of excise goods of special importance act, 58 of , and the estate duty distribution act , 9 of , shall on and from the appointed day, stand amended as directed in the twelfth schedule.

section 47. of the punjab reorganisation act : show related subordinates the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the existing state of punjab immediately before the appointed day.

section 48. of the punjab reorganisation act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing state of punjab shall, a if within that state, pass to the successor state in whose territories they are situated or b if outside that state, pass to the state of punjab: provided that where the central government is of the opinion that any goods or class of goods should be distributed among the successor states otherwise than according to the situation of the goods, the central government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor states accordingly. 2 stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor state in whose territories such institutions, workshops, undertakings or works are located. 3 stores relating to the secretariat and offices of heads of departments having jurisdiction over the whole of the existing state of punjab shall be divided between the successor states in accordance with such directions as the central government may think fit to issue for a just and equitable distribution of such stores. 4 any other unissued stores of any class in the existing state of punjab shall be divided between the successor states in proportion to the total stores of that class purchased in the period of three years ending with the 31st day of march, , for the territories of the existing state of punjab included respectively in each of the successor states: provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor states according to the population ratio. 5 notwithstanding anything contained in this act, the lands specified in the thirteenth schedule which were acquired by the government of the existing state of punjab i for the sewerage scheme of chandigarh, ii for soil conservation measures in the catchment area of sukhna lake, and iii for the setting up of brick kilns of the chandigarh capital project, together with all connected works in or over such land including any plant, machinery or implements shall vest in the union. 6 in this section, the expression land includes immovable property of every kind and any rights in or over such property, and the expression goods does not include coins, bank notes and currency notes.

section 53. of the punjab reorganisation act : 1 the assets and liabilities relating to any commercial or industrial undertaking of the existing state of punjab shall pass to the successor state in whose territories the undertaking is located. 2 where a depreciation reserve fund is maintained by the existing state of punjab for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the successor state in whose territories the undertaking is located. 3 where any such undertaking is located in more than one successor state, the assets and liabilities and the securities referred to in subsections 1 and 2 respectively shall be divided in such manner as may be agreed upon between the successor states before the 1st day of november, , or in default of such agreement, as the central government may by order direct.

section 49. of the punjab reorganisation act : the total of the cash balances in all treasuries of the existing state of punjab and the credit balances of that state with the reserve bank of india, the state bank of india or any other bank immediately before the appointed day shall be divided between the successor states according to the population ratio: provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the successor states in the books of the reserve bank of india on the appointed day: provided further that if any successor state has no account with the reserve bank of india, the adjustment shall be made in such manner as the central government may by order, direct.

section 50. of the punjab reorganisation act : the right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor state in whose territories the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included.

section 51. of the punjab reorganisation act : 1 the right to recover any loans or advances made before the appointed day by the existing state of punjab to any local body, society, agriculturist or other person in an area within that state shall belong to the successor state in whose territories that area is included: provided that the right to recover loans or advances of pay and travelling allowance to a government servant made before the appointed day by the existing state of punjab shall pass to the successor state to which such government servant is allotted. 2 the right to recover any loans or advances made before the appointed day by the existing state of punjab to any person or institution outside that state shall belong to the state of punjab: provided that any sum recovered in respect of any such loan or advance shall be divided between all the successor states according to the population ratio.

section 52. of the punjab reorganisation act : 1 the investments made from the cash balance investment account, the famine relief fund and any other general fund of the existing state of punjab, the sums at the credit of that state in the central road fund and the sums held in the defence and security relief fund shall be divided between the successor states according to the population ratio and the investments in any special fund the objects of which are confined to a local area in the existing state of punjab shall pass to the successor state in whose territories that area is included. 2 the investments of the existing state of punjab immediately before the appointed day in any private commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the cash balance investment account, shall pass to the successor state in whose territories the principal seat of business of the undertaking is located and where on that day the principal seat of business of the undertaking is located outside the territories of the existing state of punjab such investments shall be divided between all the successor states in the population ratio. 3 where anybody corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, the investments in, or loans or advances to, any such body corporate by the existing state of punjab made before the appointed day shall, save as otherwise expressly provided by or under this act, be divided between the successor states in the same proportion in which the assets of the body corporate are divided under the provisions of part vii.

section 54. of the punjab reorganisation act : 1 the public debt of the existing state of punjab attributable to loans raised by the issue of government securities and outstanding with the public immediately before the appointed day shall, on and from that day, be the debt of the state of punjab, and a the other successor states shall be liable to pay to the state of punjab their shares of the sums due from time to time for the servicing and repayment of the debt, and b for the purpose of determining the said shares, the debt shall be deemed to be divided between the successor states as if it were a debt referred to in subsection 4. 2 the public debt of the existing state of punjab attributable to loans taken from the central government, the national cooperative development corporation or the khadi and village industries commission or from any other source for the purpose of relending the same to a specific institution or class of institutions and outstanding immediately before the appointed day shall a if relent to any local body, body corporate or other institution in any local area, be the debt of the successor state in whose territories the local area is included on the appointed day or b if relent to the punjab state electricity board or any other institution which becomes an interstate institution on the appointed day, be divided between the successor states in the same proportion in which the assets of such body corporate or institution are divided under the provisions of part vii. 3 the public debt of the existing state of punjab attributable to loans taken from the central government for the beas project and the bhakranangal project as defined in subsection 4 of section 78 shall be divided between the successor states in such proportion as may be agreed upon between them, or if no agreement is entered into within two years from the appointed day, as may be fixed by order of the central government. 4 the remaining public debt of the existing state of punjab attributable to loans taken from the central government, the reserve bank of india or any other body or bank before the appointed day shall be divided between the successor states in proportion to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred up to the appointed day in the territories of the existing state of punjab included respectively in each of those successor states: provided that in computing such expenditure, the expenditure on the beas project and the bhakranangal project as defined in sub section 4 of section 78 shall be excluded and the expenditure on other assets for which capital accounts have been kept shall be taken into account. explanation.where any expenditure on capital works or other capital outlays cannot be allocated between the territories included in the successor states, such expenditure shall, for the purposes of this subsection, be deemed to have been incurred in those territories according to the population ratio. 5 where a sinking fund or depreciation fund is maintained by the existing state of punjab for repayment of any loan referred to in subsection 3, the securities held in respect of the investments made from that fund shall be divided between the successor states in the same proportion and in the same manner as the public debt referred to in subsection 3. 6 where a sinking fund or depreciation fund is maintained by the existing state of punjab for the repayment of any loan raised by it other than a loan referred to in subsection 3, the securities held in respect of the investments made from that fund shall be divided between the successor states in the same proportion as the public debt referred to in subsection 4. 7 in this section, the expression government security means a security created and issued by a state government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under clause 2 of section 2 of the public debt act, 18 of .

section 55. of the punjab reorganisation act : the liability of the existing state of punjab to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor state in whose territories the property is situated, and the liability of the existing state of punjab to refund any other tax or duty collected in excess shall be the liability of the successor state in whose territories the place of assessment of that tax or duty is included.

section 61. of the punjab reorganisation act : where, immediately before the appointed day, the existing state of punjab is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the existing state of punjab shall a if the area of the operations of such society or person is limited to the territories which on and from that day are the territories of one of the successor states, be a liability of that successor state and b in any other case, be a liability of the state of punjab: provided that in any such case as is referred to in clause b the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor states, or in default of such agreement, as the central government may by order direct.

section 56. of the punjab reorganisation act : 1 the liability of the existing state of punjab in respect of any civil deposit or local fund deposit shall, on and from the appointed day, be the liability of the successor state in whose territories the deposit has been made: provided that if the deposit is made in any area outside the existing state, the liability shall be that of the state of punjab in the first instance and shall be adjusted between the successor states according to the population ratio. 2 the liability of the existing state of punjab in respect of any charitable or other endowment shall, on and from the appointed day, be the liability of the successor state in whose territories the institution entitled to the benefit of the endowment is located or of the successor state to which the objects of the endowment, under the terms thereof, are confined.

section 57. of the punjab reorganisation act : 1 the liability of the existing state of punjab in respect of the provident fund account of a government servant in service on the appointed day shall, on and from that day, be the liability of the successor state to which that government servant is permanently allotted. 2 the liability of the existing state of punjab in respect of the provident fund account of a government servant who has retired from service before the appointed day shall be the liability of the state of punjab in the first instance and shall be adjusted between the successor states according to the population ratio.

section 62. of the punjab reorganisation act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 60. of the punjab reorganisation act : where, immediately before the appointed day, the existing state of punjab is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall, a if the cause of action arose wholly within the territories which on and from that day are the territories of one of the successor states, be a liability of that successor state and b in any other case, be initially a liability of the state of punjab, but subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the central government may by order direct.

section 58. of the punjab reorganisation act : the liability of the existing state of punjab in respect of pensions shall pass to, or be apportioned between, the successor states in accordance with the provisions contained in the fourteenth schedule.

section 59. of the punjab reorganisation act : 1 where before the appointed day the existing state of punjab has made any contract in the exercise of its executive power for any purpose of the state, that contract shall be deemed to have been made in the exercise of the executive power a if the purposes of the contract are, on and from the appointed day, exclusively purposes of any one of the successor states,of that state and b if the purposes of the contract are, on and from that day, not exclusively purposes of any one of the successor states,of the state of punjab, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the existing state of punjab, be rights or liabilities of the successor state or, as the case may be, the state of punjab specified above: provided that in any such case as is referred to in clause b, the initial allocation of rights and liabilities made by this subsection shall be subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the central government may by order direct. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 63. of the punjab reorganisation act : the benefit or burden of any assets or liabilities of the existing state of punjab not dealt with in the foregoing provisions of this part shall pass to the state of punjab in the first instance, subject to such financial adjustment as may be agreed upon between all the successor states before the 1st day of november, , or in default of such agreement, as the central government may by order direct.

section 64. of the punjab reorganisation act : where the successor states agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 65. of the punjab reorganisation act : where, by virtue of any of the provisions of this part, any of the successor states becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the appointed day by any state that it is just and equitable that that property or those benefits should be transferred to, or shared with, one or more of the other successor states, or that a contribution towards that liability should be made by one or more of the other successor states, the said property or benefits shall be allocated in such manner, or the other successor state or states shall make to the state primarily subject to the liability such contribution in respect thereof, as the central government may, after consultation with state governments concerned by order determine.

section 66. of the punjab reorganisation act : all sums payable by the union to any state or by any state to any other state or to the union by virtue of the provisions of this part, or subsection 4 of section 72, or section 77, or part viii shall be charged on the consolidated fund of india, or as the case may be, the consolidated fund of the state by which such sums are payable: provided that where any sums are payable as aforesaid by the union in relation to the transferred territory, the central government may by order direct that sums payable in respect of such liabilities as may be specified therein shall be charged on the consolidated fund of the union territory of himachal pradesh.

section 72. of the punjab reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves the needs of the successor states or has, by virtue of the provisions of part ii, become an interstate body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provisions is made by law in respect of the said body corporate. 2 any direction issued by the central government under subsection 1 in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direction. 3 for the removal of doubt it is hereby declared that the provisions of this section shall apply also to the punjab university constituted under the punjab university act, east punjab act 7 of , the punjab agricultural university constituted under the punjab agricultural university act, punjab act 32 of , and the board constituted under the provisions of part iii of the sikh gurdwaras act, punjab act 8 of . 4 for the purpose of giving effect to the provisions of this section in so far as it relates to the punjab university and the punjab agricultural university referred to in subsection 3 the successor states shall make such grants as the central government may, from time to time, by order, determine.

section 67. of the punjab reorganisation act : 1 the following bodies corporate constituted for the existing state of punjab, namely: a the state electricity board constituted under the electricity supply act, 54 of and b the state warehousing corporation established under the warehousing corporations act, 58 of , shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the board or the corporation may include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the board or the corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on, the 1st day of november, , or such earlier date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states in such manner as may be agreed upon among them within one year of the dissolution of the board or the corporation, as the case may be, or if no agreement is reached, in such manner as the central government may, by order, determine. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of any of the successor states from constituting at any time on or after the appointed day, a state electricity board or a state warehousing corporation for that state under the provisions of the act relating to such board or corporation and if such a board or a corporation is so constituted in any of the successor states before the dissolution of the board or the corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new board or the new corporation to take over from the existing board or corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of the existing board or corporation, any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board or the new corporation instead of to that state.

section 68. of the punjab reorganisation act : if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of part ii from the state in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems fit, to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 69. of the punjab reorganisation act : 1 the punjab state financial corporation established under the state financial corporations act, 53 of , shall on and from the appointed day continue to function in those areas in respect of which it was functioning immediately before that day subject to the provisions of this section and to such directions, as may from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the corporation may include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 notwithstanding anything contained in subsection 1 or subsection 2, the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporations and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at a general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court of punjab and haryana as may be nominated in this behalf by the chief justice thereof and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of haryana or punjab from constituting, at any time after the appointed day and with the approval of the central government, a state financial corporation for that state under the state financial corporations act, 63 of .

section 73. of the punjab reorganisation act : 1 notwithstanding anything contained in the foregoing provisions of this part, each of the following companies, namely: i the punjab export corporation ii the punjab state small industries corporation iii the punjab dairy development corporation iv the punjab poultry corporation v the land development and seed corporation vi the industrial development corporation and vii the agroindustrial corporation, shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor states, or in any direction issued by the central government, continue to function in the areas in which it was functioning immediately before that day and the central government may from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law. 2 any directions issued under subsection 1 in respect of a company referred to in that subsection, may include directions a regarding the division of the interests and shares of the existing state of punjab in the company among the successor states b requiring the reconstitution of the board of directors of the company so as to give adequate representation to all the successor states.

section 70. of the punjab reorganisation act : in the multiunit cooperative societies act, , after section 5c, the following section shall be inserted, namely: 5d. transitional provision relating to certain multiunit cooperative societies.1 where, in respect of any cooperative society specified in the fifteenth schedule to the punjab reorganisation act, , which under the provisions of subsection 1 of section 5a would become a multiunit cooperative society, the board of directors adopts, by a majority of not less than threefourths of the directors, any scheme for the reconstitution, reorganisation or dissolution of the society, including proposals regarding a the formation of new cooperative societies and the transfer thereto, in whole or in part, of the assets and liabilities and employees of that society or b the transfer, in whole or in part, of the assets and liabilities and employees of that society to any other cooperative society in the existing state of punjab or in the union territory of himachal pradesh and the state government of punjab certifies the scheme at any time before the 1st day of november, , then, notwithstanding anything contained in subsection 2 or subsection 3 or subsection 4 of the said section or any other law, regulation or byelaw for the time being in force in relation to that society, the scheme so certified shall be binding on all societies affected by the scheme, as well as the shareholders, creditors and employees of all such societies, subject to such financial adjustments as may be directed in this behalf under subsection 3, but no such scheme shall be given effect to before the said day: provided that where a scheme includes any proposal regarding the transfer of assets and liabilities and employees to any cooperative society referred to in clause b, the scheme shall not be binding on that existing society or the shareholders and creditors thereof, unless the proposal relating to such transfer is accepted by the existing society by a resolution passed by a majority of the members present at a meeting of its general body. 2 when a scheme in respect of a cooperative society is so certified, the central registrar shall place the scheme at a meeting, held in such manner as may be prescribed by rules made under this act, of all the persons who, immediately before the date of certification of the scheme, were members of the society, and the scheme may be approved by a resolution passed by a majority of the members present and voting at the said meeting. 3 if the scheme is not so approved or is approved with modifications, the central registrar may refer the scheme to such judge of the high court of punjab and haryana as may be nominated in this behalf by the chief justice thereof and the judge may direct such financial adjustments to be made among the societies affected as he deems necessary, and the scheme shall be deemed to be approved subject to those financial adjustments. 4 if, in consequence of the directions given under subsection 3, a society becomes liable to pay any sum of money, the successor state within whose area the society is located shall be deemed to be guarantor in respect of the payment of such money and shall be liable as such..

section 76. of the punjab reorganisation act : where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the incometax act, 43 of , shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 71. of the punjab reorganisation act : notwithstanding anything contained in section 22 of the banking regulation act, 10 of , where on account of the reorganisation of the existing state of punjab, a cooperative bank is newly formed on the appointed day or within three months thereof in any of the successor states, it may commence and conduct banking business without obtaining a licence under that section from the reserve bank of india, until it is granted such a licence or until it is informed by the reserve bank of india that such a licence cannot be granted to it provided that such bank applies to the reserve bank of india for such a licence within a period of three months from the date of formation of the bank.

section 79. of the punjab reorganisation act : 1 the central government shall constitute a board to be called the bhakra management board for the administration, maintenance and operation of the following works, namely: a bhakra dam and reservior and works appurtenant thereto b nangal dam and nangalhydel channel up to kotla power house c the irrigation headworks at rupar, harike and ferozepur d bhakra power houses: provided that the administration, maintenance and operation by the said board of the generating units of the right bank power house as have not been commissioned shall commence as and when any such unit has been commissioned e ganguwal and kotla power houses f substations at ganguwal, ambala, panipat, delhi, ludhiana, sangrur and hissar and the main 220 kv transmission lines connecting the said substations with the power stations specified in clauses d and e and g such other works as the central government may, by notification in the official gazette, specify. 2 the bhakra management board shall consist of a a wholetime chairman and two wholetime members to be appointed by the central government b a representative each of the governments of the states of punjab, haryana and rajasthan and the union territory of himachal pradesh to be nominated by the respective governments or administrator, as the case may be c two representatives of the central government to be nominated by that government. 3 the functions of the bhakra management board shall include a the regulation of the supply of water from the bhakranangal project to the states of haryana, punjab and rajasthan having regard to i any agreement entered into or arrangement made between the governments of the existing state of punjab and the state of rajasthan, and ii the agreement or the order referred to in subsection 1 of section 78 b the regulation of the supply of power generated at the power houses referred to in subsection 1 to any electricity board or other authority in charge of the distribution of power having regard to i any agreement entered into or arrangement made between the governments of the existing state of punjab and the state of rajasthan, ii the agreement or the order referred to in subsection 1 of section 78 and iii any agreement entered into or arrangement made by the existing state of punjab or the punjab electricity board or the state of rajasthan or the rajasthan electricity board with any other electricity board or authority in charge of distribution of power before the appointed day in relation to the supply of power generated at the power houses specified in subsection 1 c the construction of such of the remaining works connected with the right bank power house as the central government may specify d such other functions as the central government may, after consultation with the governments of the states of haryana, punjab and rajasthan, entrust to it. 4 the bhakra management board may employ such staff as it may consider necessary for the efficient discharge of its functions under this act: provided that every person who immediately before the constitution of the said board was engaged in the construction, maintenance or operator of the works in subsection 1 shall continue to be so employed under the board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the central government by order directs otherwise: provided further that the said board may at any time in consultation with state government or the electricity board concerned and with the previous approval of the central government return any such person for service under that government or board. 5 the governments of the successor states and of rajasthan shall at all times provide the necessary funds to the bhakra management board to meet all expenses including the salaries and allowances of the staff required for the discharge of its functions and such amounts shall be apportioned among the successor states, the state of rajasthan and electricity boards of the said states in such proportion as the central government may, having regard to the benefits to each of the said states or boards, specify. 6 the bhakra management board shall be under the control of the central government and shall comply with such directions, as may from time to time, be given to it by that government. 7 the bhakra management board may with the approval of the central government delegate such of its powers, functions and duties as it may deem fit to the chairman of the said board or to any officer subordinate to the board. 8 the central government may, for the purpose of enabling the bhakra management board to function effectively, issue such directions to the state governments of haryana, punjab and rajasthan and the administrator of the union territory of himachal pradesh or any other authority, and the state governments, administrator or authority shall comply with such directions. 9 the bhakra management board may, with the previous approval of the central government and by notification in the official gazette, make regulations consistent with this act and the rules made thereunder, to provide for a regulating the time and place of meetings of the board and the procedure to be followed for the transaction of business at such meetings b delegation of powers and duties to the chairman or any officer of the board c the appointment, and the regulation of the conditions of service, of the officers and other staff of the board d any other matter for which regulations are considered necessary by the board.

section 74. of the punjab reorganisation act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted by the state or a regional transport authority in the existing state of punjab shall, if such permit was, immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any state or regional transport authority for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state government or governments concerned, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for its operations within the existing state of punjab: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be.

section 75. of the punjab reorganisation act : show related subordinates where, on account of the reorganisation of the existing state of punjab under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such cooperative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other cooperative society or undertaking then notwithstanding anything contained in section 25f, 25ff or 25fff, of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment and b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f, 25ff or 25fff of the industrial disputes act, 14 of , on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 82. of the punjab reorganisation act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the existing state of punjab shall, on and from that day, provisionally continue to serve in connection with the affairs of the state of punjab unless he is required, by general or special order of the central government, to serve provisionally in connection with the affairs of any other successor state. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in subsection 1 shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to a successor state shall, if he is not already serving therein, be made available for serving in the successor state from such date as may be agreed upon between the governments concerned or in default of such agreement, as may be determined by the central government. 4 the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to a the division and integration of the services among the successor states and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons. 5 the foregoing provisions of this section shall not apply in relation to any person to whom the provisions of section 81 apply. 6 nothing in this section shall be deemed to affect on or after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the union or any state: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub section 1 or subsection 2 shall not be varied to his disadvantage except with the previous approval of the central government.

section 77. of the punjab reorganisation act : 1 the government of the state of haryana or punjab, or, as the case may be, the central government in relation to the transferred territory or the union territory of chandigarh, shall in respect of the institutions specified in the sixteenth schedule located in the state or territory aforesaid continue to provide facilities to any other government aforesaid and the people of the states and territories aforesaid which shall not, in any respect, be less favourable to such government and people than what were being provided to them before the appointed day for such period and upon such terms and conditions including those relating to any contributions to be made for the provision of such facilities as may be agreed upon between the said governments before the 1st day of april, , or if no agreement is reached by the said date, as may be fixed by order of the central government. 2 the central government may, at any time before the 1st day of april, , by notification in the official gazette, specify in the sixteenth schedule any other institution existing on the appointed day in the said states and territories and on the issue of such notification, the schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 78. of the punjab reorganisation act : 1 notwithstanding anything contained in this act but subject to the provisions of sections 79 and 80, all rights and liabilities of the existing state of punjab in relation to bhakranangal project and beas project shall, on the appointed day, be the rights and liabilities of the successor states in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said states after consultation with the central government or, if no such agreement is entered into within two years of the appointed day, as the central government may by order determine having regard to the purposes of the projects: provided that the order so made by the central government may be varied by any subsequent agreement entered into by the successor states after consultation with the central government. 2 an agreement or order referred to in subsection 1 shall, if there has been an extension or further development of either of the projects referred to in that subsection after the appointed day, provide also for the rights and liabilities of the successor states in relation to such extension or further development. 3 the rights and liabilities referred to in subsections 1 and 2 shall include a the rights to receive and to utilise the water available for distribution as a result of the projects, and b the rights to receive and to utilise the power generated as a result of the projects, but shall not include the rights and liabilities under any contract entered into before the appointed day by the government of the existing state of punjab with any person or authority other than government. 4 in this section and in sections 79 and 80, a beas project means the works which are either under construction or are to be constructed as components of the beassutlej link project unit i and pong dam project on the beas river unit ii including i beassutlej link project unit i comprising a pandoh dam and works appurtenant thereto, b pandohbaggi tunnel, c sundernagar hydel channel, d sundernagarsutlej tunnel, e bypass tunnel, f four generating units each of 165 m.w. capacity at dehar power house on the right side of sutlej river, g fifth generating unit of 120 m.w. capacity at bhakra right bank power house, h transmission lines, i balancing reservoir ii pong dam project unit ii comprising a pong dam and works appurtenant thereto, b outlet works, c penstock tunnels, d power plant with four generating units of 60 m.w. each iii such other works as are ancillary to the works aforesaid and are of common interest to more than one state b bhakranangal project means i bhakra dam, reservoir and works appurtenant thereto ii nangal dam and nangalhydel channel iii bhakra main line and canal system iv bhakra left bank power house, ganguwal power house and kotla power house, switchyards, substations and transmission lines v bhakra right bank power house with four units of 120 m.w. each.

section 84. of the punjab reorganisation act : the central government may give such directions to the state governments of punjab and haryana and to the administrators of the union terriories of himachal pradesh and chandigarh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state governments and the administrators shall comply with such directions.

section 80. of the punjab reorganisation act : show related subordinates 1 notwithstanding anything contained in this act or in any other law, the construction including the completion of any work already commenced of the beas project shall, on and from the appointed day, be undertaken by the central government on behalf of the successor states and the state of rajasthan: provided that the governments of the successor states and the state of rajasthan shall at all times provide the necessary funds to the central government for the expenditure on the project including the expenses of the board referred to in subsection 2 and such amounts shall be apportioned among the successor states and the state of rajasthan in such proportion as may be fixed by the central government after consultation with the governments of the said states. 2 for the discharge of its functions under subsection 1, the central government may a by notification in the official gazette and in consultation with the governments of the successor states and the state of rajasthan, constitute a board to be called the beas construction board with such members as it may deem fit and assign to the board such functions as it may consider necessary and b issue such directions to the state governments of haryana, punjab and rajasthan and the administrator of the union territory of himachal pradesh or any other authority, and the state governments, administrator or other authority shall comply with such directions. 3 the notification constituting a board under clause a of subsection 2 may empower the board to appoint such staff as may be necessary for the efficient discharge of its functions: provided that every person who immediately before the constitution of the board was engaged in the construction or any work relating to the beas project shall continue to be so employed by the board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the central government by order directs otherwise: provided further that the board may at any time in consultation with the state government or the electricity board concerned and with the previous approval of the central government return any such person for service under that government or board. 4 nothing contained in this section shall be construed as enabling the central government to reduce or enlarge the scope of the beas project as agreed to between the governments of the state of rajasthan and the existing state of punjab except after consultation with the governments of the states of haryana, punjab and rajasthan. 5 any component of the beas project in relation to which the construction has been completed after the appointed day may be transferred by the central government to the board constituted under section 79 whereupon the provisions of that section shall apply as if it were a work included in subsection 1 of that section. 6 the bhakra management board constituted under section 79 shall be renamed as the bhakra beas management board when any of the components of the beas project has been transferred under subsection 5, and the beas construction board shall cease to exist when all the components of the beas project have been so transferred.

section 81. of the punjab reorganisation act : 1 in this section, the expression state cadre a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, , and b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, . 2 in place of the cadres of the indian administrative service and the indian police service for the existing state of punjab, there shall, on and from the appointed day, be two separate cadres, one for the state of punjab and the other for the state of haryana, in respect of each of these services. 3 the initial strength and composition of each of the state cadres for the states of punjab and haryana and the strength and composition of the delhihimachal pradesh state cadres shall be such as the central government may, by order, determine before the appointed day. 4 the members of each of the said services borne on the state cadres for the existing state of punjab immediately before the appointed day shall be allocated to the state cadres of the same service for each of the states of punjab and haryana and to the delhihimachal pradesh state cadres in such manner and with effect from such date or dates as the central government may, by order, specify. 5 nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the allindia services act, 61 of , or the rules made thereunder in relation to the state cadres of the said services referred to in subsection 3 and in relation to the members of those services borne on the said cadres.

section 83. of the punjab reorganisation act : every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing state of punjab in any area which on that day falls within any of the successor states shall continue to hold the same post or office in that successor state and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, that successor state: provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.

section 85. of the punjab reorganisation act : 1 the public service commission for the existing state of punjab shall, on and from the appointed day, cease to exist. 2 the person holding office immediately before the appointed day as chairman of the public service commission for the existing state of punjab shall become the chairman of the public service commission for the state of haryana or punjab as the president shall, by order, specify and every other person holding office immediately before that day as member of that commission shall become a member, or if so specified by the president, the chairman, of such one of the said commissions as the president shall, by order, specify. 3 every person who becomes the chairman or other member of a public service commission on the appointed day under subsection 2 shall a be entitled to receive from the government of the state conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day b subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day. 4 the report of the punjab public service commission as to the work done by the commission in respect of any period prior to the appointed day shall be presented under clause 2 of article 323 to the governors of punjab and haryana, and the governor of punjab shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the commission was not accepted, the reasons for such nonacceptance to be laid before the legislature of the state of punjab and it shall not be necessary to cause such report or any such memorandum to be laid before the legislative assembly of haryana.

section 86. of the punjab reorganisation act : in clause a of section 15 of the states reorganisation act, , ifor the word punjab, the words haryana, punjab shall be substituted ii for the words and himachal pradesh, the words himachal pradesh and chandigarh shall be substituted.

section 92. of the punjab reorganisation act : where, immediately before the appointed day, the existing state of punjab is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this act, the successor state which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of punjab or added as a party to those proceedings, and the proceedings may continue accordingly.

section 87. of the punjab reorganisation act : show related subordinates the central government may, by notification in the official gazette, extend with such restrictions or modifications as it thinks fit, to the union territory of chandigarh any enactment which is in force in a state at the date of the notification.

section 88. of the punjab reorganisation act : the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of punjab shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 89. of the punjab reorganisation act : for the purpose of facilitating the application in relation to the state of punjab or haryana or to the union territory of himachal pradesh or chandigarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means a as respects any law relating to a matter enumerated in the union list, the central government and b as respects any other law, i in its application to a state, the state government, and ii in its application to a union territory, the central government.

section 90. of the punjab reorganisation act : 1 notwithstanding that no provision or insufficient provision has been made under section 89 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of punjab or haryana, or to the union territory of himachal pradesh or chandigarh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. 2 any reference to the high court of punjab in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the high court of punjab and haryana.

section 91., for exercising statutory functions. of the punjab reorganisation act : the central government, as respects the union territory of chandigarh or the transferred territory, and the government of the state of haryana as respects the territories thereof may, by notification in the official gazette, specify the authority, officer or person who, on and from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 93. of the punjab reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within a state or union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another state or union territory, stand transferred to the corresponding court, tribunal, authority or officer in that other state or union territory, as the case may be. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which or whom such proceeding is pending on the appointed day, is functioning, and the decision of that high court shall be final. 3 in this section a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state or a union territory means i the court, tribunal, authority or officer in that state or a union territory in which or before whom, the proceeding would have lain if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority or officer in that state or union territory, as may be determined after the appointed day by the government of that state or the central government, as the case may be, or before the appointed day by the government of the existing state of punjab, to be the corresponding court, tribunal, authority or officer.

section 97. of the punjab reorganisation act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure to be followed by the bhakra management board and the beas construction board for the conduct of business and for the proper functioning of the boards and the manner of filling casual vacancies among the members of the said boards b the salaries and allowances to be paid to the wholetime chairman and wholetime members of the bhakra management board c the salaries and allowances and other conditions of service of the members of the staff of the bhakra management board or the beas construction board d the maintenance of records of all business transacted at the meetings of the bhakra management board or the beas construction board and the submission of copies of such records to the central government e the conditions subject to which, and the mode in which, contracts may be made on behalf of the successor states and the state of rajasthan in relation to the functions of the bhakra management board or the beas construction board f the preparation of the budget estimates of the receipts and expenditure of the said boards and the authority by which such estimates shall be approved g the conditions subject to which the said boards may incur expenditure or reappropriate funds from any budget head to another such head h the preparation and submission of annual reports i the maintenance of accounts of the expenditure incurred by the said boards j any other matter which is to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validly of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 94. of the punjab reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing state of punjab shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of haryana or to a union territory.

section 95. of the punjab reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 96. of the punjab reorganisation act : if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.

section 4. of the chandigarh delegation of powers act : notwithstanding any judgment, decree or order of any court or tribunal or other authority to the contrary, where any power, authority or jurisdiction or any duty which the administrator may exercise or discharge under any law in force in the union territory of chandigarh had been exercised or discharged by any officer or other authority before the commencement of this act, such power, authority, jurisdiction or duty shall be deemed to have been validly and effectively exercised or discharged by such officer or other authority as if the provisions of subsection 1 of section 3 were in force at all material times when such power, authority or jurisdiction was exercised or such duty was discharged and that officer or other authority had been specified as an officer or other authority by the central government or the administrator in that behalf under the said subsection, and accordingly, no suit or other proceeding shall be instituted, maintained or continued in any court or tribunal or before other authority on the ground that such officer or other authority was not competent to exercise such power, authority or jurisdiction or to discharge such duty.

section 3., vested in administrator. of the chandigarh delegation of powers act : 1 any power, authority or jurisdiction or any duty which the administrator may exercise or discharge under any law in force in the union territory of chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the central government or the administrator by notification in the official gazette. 2 the administrator may transfer any appeal or application for revision or any other matter pending before him for disposal to an officer or other authority competent under subsection 1 to dispose of the same. 3 the administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending before an officer or other authority competent under subsection 1 to dispose of the same.

section 1. of the chandigarh delegation of powers act : 1 this act may be called the chandigarh delegation of powers act, . 2 it extends to the whole of the union territory of chandigarh.

section 2. of the chandigarh delegation of powers act : in this act, unless the context otherwise requires, administrator means the administrator of the union territory of chandigarh appointed by the president under article 239 of the constitution.

section 8. of the prize chits and money circulation schemes banning act : where any newspaper or other publication contains any material connected with any prize chit or money circulation scheme promoted or conducted in contravention of the provisions of his act or any advertisement in relation thereto, the state government may, by notification in the official gazette, declare every copy of the newspaper and every copy of the publication containing such material or the advertisement to be forfeited to the state government.

The Prize Chits and Money Circulation Schemes (Banning) Act, 1978

section 1. of the prize chits and money circulation schemes banning act : 1 this act may be called the prize chits and money circulation schemes banning act, . 2 it extends to the whole of india 1 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 3. of the prize chits and money circulation schemes banning act : no person shall promote or conduct any prize chit or money circulation scheme, or enroll as a member to any such chit or scheme, or participate in it otherwise, or receive or remit any money in pursuance of such chit or scheme.

section 7. of the prize chits and money circulation schemes banning act : 1 it shall be lawful for any police officer not below the rank of an officer in charge of a police station, a to enter, if necessary by force, whether by day or night with such assistance as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this act b to search the said premises and the persons whom he may find therein c to take into custody and produce before any judicial magistrate all such persons as are concerned or against whom a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the use of the said premises for purposes connected with, or with the promotion or conduct of, any such prize chit or money circulation scheme as aforesaid d to seize all things found in the said premises which are intended to be used, or reasonably suspected to have been used, in connection with any such prize chit or money circulation scheme as aforesaid. 2 any officer authorised by the state government in this behalf may a at all reasonable times, enter into and search any premises which he has reason to suspect, are being used for the purposes connected with, or conduct of, any prize chit or money circulation scheme in contravention of the provisions of this act b examine any person having the control of, or employed in connection with, any such prize chit or money circulation scheme c order the production of any documents, books or records in the possession or power of any person having the control of, or employed in connection with, any such prize chit or money circulation scheme and d inspect and seize any register, books of account, documents or any other literature found in the said premises. 3 all searches under this section shall be made in accordance with the provisions of the code of criminal procedure, 2 of .

section 4. of the prize chits and money circulation schemes banning act : whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

section 5. of the prize chits and money circulation schemes banning act : whoever, with a view to the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this act or in connection with any chit or scheme promoted or conducted as aforesaid, a prints or publishes any ticket, coupon or other document for use in the prize chit or money circulation scheme or b sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution any ticket, coupon or other document for use in the prize chit or money circulation scheme or c prints, publishes or distributes, or has in his possession for the purpose of publication or distribution i any advertisement of the prize chit or money circulation scheme or ii any list, whether complete or not, of members in the prize chit or money circulation scheme or iii any such matter descriptive of, or otherwise relating to the prize chit or money circulation scheme, as is calculated to act as an inducement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme or d brings, or invites any person to send, for the purpose of sale or distribution, any ticket, coupon or other document for use in a prize chit or money circulation scheme or any advertisement of such prize chit or money circulation scheme or e uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize chit or money circulation scheme or f causes or procures or attempts to procure any person to do any of the abovementioned acts, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

section 2. of the prize chits and money circulation schemes banning act : in this act, unless the context otherwise requires, a conventional chit means a transaction whether called chit, chit fund, kuri or by any other name by or under which a person responsible for the conduct of the chit enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money or certain quantity of grain instead by way of periodical instalments for a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be provided for in the chit agreement, be entitled to a prize amount. explanation.in this clause prize amount shall mean the amount, by whatever name called, arrived at by deducting from out of the total amount paid or payable at each instalment by all the subscribers, i the commission charged as service charges as a promoter or foreman or an agent and ii any sum which a subscriber agrees to forego, from out of the total subscriptions of each instalment, in consideration of the balance being paid to him b money includes a cheque, postal order, demand draft, telegraphic transfer or money order c money circulation scheme means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions d prescribed means prescribed by rules made under this act e prize chit includes any transaction or arrangement by whatever name called under which a person collects whether as a promoter, foreman, agent or in any other capacity, monies in one lump sum or in instalments by way of contributions or subscriptions or by sale of units, certificates or other instruments or in any other manner or as membership fees or admission fees or service charges to or in respect of any savings, mutual benefit, thrift, or any other scheme or arrangement by whatever name called, and utilises the monies so collected or any part thereof or the income accruing from investment or other use of such monies for all or any of the following purposes, namely: i giving or awarding periodically or otherwise to a specified number of subscribers as determined by lot, draw or in any other manner, prizes or gifts in cash or in kind, whether or not the recipient of the prize or gift is under a liability to make any further payment in respect of such scheme or arrangement ii refunding to the subscribers or such of them as have not won any prize or gift, the whole or part of the subscriptions, contributions or other monies collected, with or without any bonus, premium, interest or other advantage by whatever name called, on the termination of the scheme or arrangement, or on or after the expiry of the period stipulated therein, but does not include a conventional chit f reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of .

section 6. of the prize chits and money circulation schemes banning act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 9. of the prize chits and money circulation schemes banning act : no court inferior to that of a chief metropolitan magistrate, or as the case may be, chief judicial magistrate, shall try any offence punishable under this act.

section 14. of the prize chits and money circulation schemes banning act : 1 the andhra pradesh money circulation scheme prohibition act, andhra pradesh act 30 of , as in force in the state of andhra pradesh, and in the union territory of chandigarh and the madhya pradesh dhan parichalan skeem pratishedh adhiniyam, madhya pradesh act 19 of , are hereby repealed. 2 notwithstanding the repeal of any act referred to in subsection 1, anything done or any action taken under the provisions of any such act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 10. of the prize chits and money circulation schemes banning act : all offences punishable under this act shall be cognizable.

section 12. of the prize chits and money circulation schemes banning act : 1 notwithstanding anything contained in this act, a person conducting a prize chit or money circulation scheme at the commencement of this act may continue to conduct such chit or scheme for such period as may be necessary for the winding up of the business relating to such chit or scheme, so however that such period shall not in any case extend beyond a period of two years from such commencement: provided that the said person shall furnish to the state government or to such officer as may be authorised by it in this behalf and to such office of the reserve bank as may be prescribed in such form and within such period as may be prescribed, full information regarding the chit or scheme along with a winding up plan prepared in accordance with the provisions of any rules that may be made by the state government in this behalf under this act: provided further that if the state government is satisfied, on an application made by the person conducting the prize chit or money circulation scheme, that the chit or scheme cannot be wound up within the period fixed in the winding up plan furnished to the state government under the foregoing proviso, it may, in consultation with the reserve bank, permit such person to continue to conduct the business relating to the said chit or scheme for such further period as may be considered necessary having regard to the circumstances of the case and the interests of the members of the said chit or scheme. 2 the state government may, in consultation with the reserve bank, approve the winding up plan furnished under subsection 1 with or without modifications or reject the same and may grant or refuse to grant permission to continue to conduct that chit or scheme: provided that no such winding up plan shall be modified or rejected without giving an opportunity of being heard to the person who conducts such prize chit or money circulation scheme. 3 if any person fails to furnish full information regarding the said chit or scheme along with its winding up plan in the form and within the period prescribed, he shall forfeit his right to continue the business relating to the said chit or scheme on the expiry of such period. 4 notwithstanding anything to the contrary contained in any agreement or arrangement entered into between any person conducting any such chit or scheme and the subscriber, the person conducting the chit or scheme shall, within such period as may be prescribed, refund the monies or the subscriptions collected till the date of default referred to in subsection 3. 5 if any person fails to comply with the provisions of subsection 4, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees.

section 11. of the prize chits and money circulation schemes banning act : nothing contained in this act shall apply to any prize chit or money circulation scheme promoted by a a state government or any officer or authority on its behalf or b a company wholly owned by a state government which does not carry on any business other than the conducting of a prize chit or money circulation scheme whether it is in the nature of a conventional chit or otherwise or c a banking company as defined in clause c of section 5 of the banking regulation act, 10 of , or a banking institution notified by the central government under section 51 of that act or the state bank of india constituted under section 3 of the state bank of india act, 23 of , or a subsidiary bank constituted under section 3 of the state bank of india subsidiary banks act, 38 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or a regional rural bank established under section 3 of the regional rural banks act, 21 of , or a cooperative bank as defined in clause bii of section 2 of the reserve bank of india act, 2 of or d any charitable or educational institution notified in this behalf by the state government, in consultation with the reserve bank.

section 13. of the prize chits and money circulation schemes banning act : 1 the state government may, by notification in the official gazette and in consultation with the reserve bank, make rules for the purpose of carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the office of the reserve bank to whom full information regarding any prize chit or money circulation scheme may be furnished under the first proviso to subsection 1 of section 12, and the form in which and the period within which such information may be furnished b the particulars relating to the winding up plan of the business relating to prize chits or money circulation schemes. 13 every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 3. of the cess and other taxes on minerals validation act : 1 the cess and other taxes on minerals validation ordinance, ord. 7 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the cess and other taxes on minerals validation act : 1 this act may be called the cess and other taxes on minerals validation act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 15th day of february, .

section 2. of the cess and other taxes on minerals validation act : 1 the laws specified in the schedule to this act shall be, and shall be deemed always to have been, as valid as if the provisions contained therein relating to cesses or other taxes on minerals had been enacted by parliament and such provisions shall be deemed to have remained in force up to the 4th day of april, . 2 notwithstanding any judgment, decree or order of any court, all actions taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and cesses or other taxes on minerals realised under any such laws shall be deemed to have been validly taken, done, made, issued or realised, as the case may be, as if this section had been in force at all material times when such actions were taken, things were done, rules were made, notifications were issued, or cesses or other taxes were realised, and no suit or other proceeding shall be maintained or continued in any court for the refund of the cesses or other taxes realised under any such laws. 3 for the removal of doubts, it is hereby declared that nothing in subsection 2 shall be construed as preventing any person from claiming refund of any cess or tax paid by him in excess of the amount due from him under any such laws.

section 11. of the cantonments house accommodation act : 1 if a house is unoccupied, a notice issued under section 7 may require the owner to give possession of the same to the 1officer commanding the station within twentyone days from the service of the notice. 2 if a house is occupied, a notice issued under section 7 shall not require its vacation in less than thirty days from the service of the notice. 3 where a notice has been issued under section 7 and the house has been vacated in pursuance thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment .

section 10. of the cantonments house accommodation act : no notice shall be issued under section 7 if the house a was, at the date of the issue of the notification declaring this act or the 1cantonment houseaccommodation act, 2 of , as the case may be, to be operative in the cantonment or part of the cantonment, or is, with such sanction as is required by section 9, occupied as a hospital, school, school hostel, bank, hotel or shop, and has been so occupied continuously during the three years immediately preceding the time when the occasion for issuing the notice arises, or b was, at the date of such a notification as is referred to in clause a, or is, with such sanction as aforesaid, occupied by a railway administration or by a company or firm engaged in trade or business or by a dill, or c is occupied by the owner, or d has been appropriated by the state government with the concurrence of the officer commanding the district, or by the central government, for use as a public office or for any other purpose. 1. rep. by s. 39 and the schedule of this act

section 9. of the cantonments house accommodation act : no house in any cantonment or part of a cantonment in which this act is operative shall, unless it was so occupied at the date of the issue of the notification declaring this act or the 5cantonments houseaccommodation act, 2 of , as the case may be, to be operative, be occupied for the purposes of a hospital, school, school hostel, bank, hotel, or shop, or by a railway administration, a company or firm engaged in trade or business or a club, without the previous sanction of the officer commanding the district given with the concurrence of the commissioner or, in a state where there are no commissioners, of the collector.

section 16. of the cantonments house accommodation act : 1 if the owner fails to execute any repairs to a house as required by a notice issued to him under section 7, the 1officer commanding the station may by notice require the owner to execute the repairs within such period, not being less than 2thirty days, as maybe specified in the notice. 2 if the owner objects to any requisition contained in a notice issued under subsection 1, he may within 2thirty days from the service of the notice 3refer the matter to a civil court in accordance with the the provisions of chapter iv: 4provided that where an appeal has been made to the officer commanding the district under section 30, the period of thirty days shall be reckoned from the date on which the owner received notice of the result of the appeal under subsection 2 of section 32. 53 every reference under subsection 2 shall be accompanied by an estimate of the repairs, if any, any, which the owner considers necessary in order to put the house into a state of reasonable repair. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment. 2. subs. by s. 8, ibid., for fifteen. 3. subs. by s. 8, ibid., for require that the matter be referred by the officer commanding the station to a committee of arbitration. 4. ins. by act 22 of , s. 3. 5. ins. by act 9 of , s. 8.

section 17. of the cantonments house accommodation act : 117. power to have repairs executed and recover cost. if the owner fails to comply. with a notice issued under subsection 1 of section 16, the military engineer services or the public works department may, with the previous sanction of the officer commanding the station and notwithstanding any right of reference conferred by that section, cause the repairs specified in the notice to be executed at the expense of 2the central government, and the cost thereof, or, where a reference has been made, the amount finally determined by the civil court, may be deducted from the rent payable to the owner. 1. subs. by s. 9, ibid., for section 17. 2. subs. by the a.o. , for the government.

section 15. of the cantonments house accommodation act : 1 if the owner considers that the rent stated in a notice issued under section 7 is not reasonable, he may, within a period of 1thirty days from the service of such notice, 2refer the matter to a civil court, in accordance with the provisions of chapter iv: 3provided that where an appeal has been made to the officer commanding the district under section 30, the period of thirty days shall be reckoned from the date on which the owner received notice of the result of the appeal under subsection 2 of section 32. 2 if the owner does not make such a 4reference within the said period, he shall be deemed to have accepted the rent so offered. 1. subs. by act 9 of , s. 7, for fifteen. 2. subs. by s.7, ibid., for require that the matter be referred by the officer commanding the station to a committee of arbitration. 3. ins. by act 22 of , s. 2. 4. subs. by act 9 of , s. 7, for requisition.

section 18. of the cantonments house accommodation act : every person on whom devolves, by transfer, by succession or by operation of law, the interest of an owner in any house, or in any part of any house, situate in a cantonment or part of a cantonment in respect of which a notification under subsection 1 of section 3 is for the time being in force, shall be bound to give notice of the fact to the 1officer commanding the station within one month from the date of such devolution, and, if he, without reasonable cause, fails to do so, he shall be punishable with fine which may extend to fifty rupees. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment.

section 13. of the cantonments house accommodation act : 1 if a house, in respect of which a notice is issued under section 7, is shown to the satisfaction of the 1central government, or is proved by a decree or order of a court of competent jurisdiction, to have been erected a under any conditions, rules, regulations or orders which were in force in bengal prior to the eighth day of december, , and conferred on the owner the option of offering the house for sale to the military officer applying for its appropriation for his occupation or to the east india company or the government, or c under any conditions, rules, regulations or orders which were in force in bombay prior to the first day of june, , and conferred such an option as is described in clause a, then the owner shall have the option of either complying with the notice or offering the house 2for sale to the central government. 2 if the owner elects to sell the house, and 3the central government is willing to purchase it, the question of the amount of the purchasemoney to be paid shall, in the event of disagreement, be referred to 4a civil court, in accordance with the provisions of chapter iv. 1. subs. by the a.o. , for l.g. 2. subs., ibid., for sale to the govt. 3. subs., ibid., for the govt.. 4. subs. by act 9 of , s. 6, for a committee of arbitration.

section 14. of the cantonments house accommodation act : 1 if a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease for any term exceeding one year, the central government shall, for the term of one year from the date on which the house is vacated in pursuance of the notice, or for the unexpired term of the lease whichever is the shorter, be liable to the owner for the rent fixed by the registered lease instead of for the rent payable under this act if the rent so fixed exceeds the rent so payable. 2 if a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease from year to year, the central government shall be liable as aforesaid for the term of six months from the date on which the house is vacated in pursuance of the notice. 3 nothing in this section shall be deemed a to render the central government so liable unless an application in writing in this behalf is made by the owner to the 1officer commanding the station within fifteen days from the service of the notice or b to limit or otherwise affect any agreement between the government and the owner. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment.

section 12. of the cantonments house accommodation act : if the owner fails to give possession of a house to the 1officer commanding the station in pursuance of a notice issued under section 7, or if the existing occupier fails to vacate a house in pursuance of such a notice, the district magistrate, by himself or by another person generally or specially authorised by him in this behalf, shall enter on the premises and enforce the surrender of the house. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment .

section 31. of the cantonments house accommodation act : 1 every petition of appeal under section 30 shall be in writing and accompanied by a copy of the notice appealed against. 2 any such petition may be presented to the 1officer commanding the station, and that officer shall be bound to forward it to the authority empowered by section 30 to hear the appeal, and may attach thereto any report which he may desire to make in explanation of the notice appealed against. 3 if any such petition is presented direct to the officer commending the district and an immediate order on the petition is not necessary, the officer commanding the district may refer the petition to the 1officer commanding the station for report. 1. subs. by act 10 of , s. 6, for commanding officer of the cantonment.

section 19. of the cantonments house accommodation act : 119. jurisdiction in references. all references under this act shall be made by application to, and tried by, the court of the district judge. 1. subs. by act 9 of , s. 10, for the chapter iv consisting of sections 19 to 28.

section 20. of the cantonments house accommodation act : 120. procedure and powers of the court. references under this act shall be deemed to be proceedings within the meaning of section 141 of the code of civil procedure, 5 of , and in the trial thereof the court may exercise any of its powers under that code. 1. subs. by act 9 of , s. 10, for the chapter iv consisting of sections 19 to 28.

section 32. of the cantonments house accommodation act : 11 the decision on any such appeal of the officer commanding the district 2 shall be final, and shall not be questioned in any court otherwise than on the ground that the house is situate in a cantonment, or part of a cantonment, in which this act is not operative: provided that no appeal shall be decided until the appellant has been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner 3and in giving a decision the officer commanding the district shall record briefly the grounds therefor. 42 notice of the result of the appeal shall be given to the appellant as soon as may be, and, where the appellant is a tenant of the house, to the owner of the house also. 1. section 32 renumbered as subsection 1 of that section by s. 5, ibid. 2. the words or of the general officer commandinginchief, the command, as the case may be, omitted by act 9 of , s. 13. 3. ins. by act 9 of , s. 13. 4. ins. by act 22 of , s. 5.

section 21. of the cantonments house accommodation act : 121. restriction of scope of inquiry. the scope of the inquiry in a reference under this act shall be restricted to a consideration of the matters referred to the court in accordance with the provisions of this act. 1. subs. by act 9 of , s. 10, for the chapter iv consisting of sections 19 to 28.

section 33. of the cantonments house accommodation act : where an appeal has been presented under section 30 within the period prescribed 1therein, all action on the notice shall, on the application of the appellant, be held in abeyance pending the decision of the appeal. 1. subs. by act 9 of , s. 14, for by subsection 2 of that section.

section 29. of the cantonments house accommodation act : 129. appeal to high court.1 an appeal shall lie to the high court against the decision of the court of the district judge upon a reference tried by it. 2 no appeal under this section shall be admitted unless it is made within thirty days from the date of the decision against which it is preferred. 3 an appeal preferred under this section shall be deemed to be an appeal from an order within the meaning of section 108 of the code of civil procedure, 5 of . 1. subs. by s. 11, ibid., for section 29

section 34a. of the cantonments house accommodation act : 134a. computation of periods of limitation.the period prescribed for making any reference or preferring any appeal under this act shall be computed in accordance with the provisions of the indian limitation act, 9 of 2. 1. ins. by act 9 of , s. 15. 2. see now the limitation act, 36 of .

section 30. of the cantonments house accommodation act : 130. appeal to officer commanding the district. the owner of any tenant of a house in respect of which a notice has been issued under section 7 may, within a period of 2ten days from the date of the service thereof, appeal to the officer commanding the district against the decision of the officer commanding the station to appropriate the house. 1. subs. by s. 12, ibid., for section 30. 2. subs. by act 22 of , s. 4, for twentyone days.

section 38. of the cantonments house accommodation act : no suit or other legal proceeding shall lie against any person for anything in good faith done, or intended to be done, under this act or in pursuance of any lawful notice or order issued under this act.

section 34. of the cantonments house accommodation act : every notice or requisition prescribed by this act shall be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be served by post on the person to whom it is addressed, or, in the case of an owner who does not reside in or near the cantonment, on his agent appointed 1in accordance with a byelaw made under clause i29/i of section 282 of the cantonments act, 2 of . 1. subs. by act 10 of , s. 4, for under the cantonments act, , or any rule made thereunder.

section 39.. of the cantonments house accommodation act : repeals. rep. by the repealing act, 12 of , s. 2 and schedule.

section 35. of the cantonments house accommodation act : 1 the central government may make rules1 to carry out the purposes and objects of this act. 2 in particular and without prejudice to the generality of the foregoing, power, such rules may 2 b define the powers of entry, inspection, measurement or survey which may be exercised in carrying out the purposes and objects of this act or of any rule made hereunder. 33 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. see gazette of india, , pt. i, p. . 2. clause a omitted by act 9 of , s. 16. 3. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 36. of the cantonments house accommodation act : 1 the power to make rules under section 35 shall be subject to the condition of the rules being made after previous publication and of their not taking effect until they have been published in the official gazette and in such other manner if any as the central government may direct. 2 any rule under section 35 may be general for all cantonments or parts of cantonments 1 in which this act is for the time being operative, or may be special for any of such cantonments or parts as the central government may direct. 3 a copy of the rules under section 35 for the time being in force in a cantonment shall be kept open to inspection free of charge at all reasonable times in the office of the cantonment 2board. 4 in making any rule under clause b of subsection 2 of section 35, the central government may direct that whoever obstructs any person, not being a public servant within the meaning of section 21 of the indian penal code 45 of , in making any entry, inspection, measurement or survey, shall be punishable with fine which may extend to fifty rupees, and, in the case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five rupees for every day after the first during which such offence continues. 1. the words in the provinces omitted by the a.o. . 2. subs. by act 32 of , s. 3 and the second schedule for authority.

section 37. of the cantonments house accommodation act : no judge or magistrate shall be deemed, within the meaning of section 556 of the code of criminal procedure, 5 of 1 , to be a party to, or personally interested in, any prosecution for an offence constituted by or under this act merely because he is a member of the cantonment 2board or has ordered or approved the prosecution. 1. see now the code of criminal procedure, 2 of . 2. subs. by act 10 of , s. 5, for committee.

section 8. of the durgah khawaja saheb act : if in the opinion of the central government the committee is guilty of gross mismanagement of the affairs of the durgah or of neglect in the performance of its functions, the central government may supersede the committee and entrust any person with full powers of the committee until a new committee is constituted in accordance with the provisions of this act.

section 1. of the durgah khawaja saheb act : 1 this act may be called the durgah khawaja saheb act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1.1st march, , vide notification no. s.r.o. 482e, dated 24th february, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the durgah khawaja saheb act : in this act, unless the context otherwise requires, a chief commissioner means the chief commissioner of ajmer, acting in his individual capacity b committee means the committee consituted under section 4 c durgah means the institution known as the durgah khawaja saheb, ajmer, and includes the premises called the durgah sharif with all buildings contained therein, together with all additions thereto or all alerations thereof which may hereafter be made from time to time d durgah endowment includes i the durgah khawaja saheb, ajmer ii all buildings and movable property within the boundaries of the durgah sharif iii durgah jagir, including all land, houses and shops and all immovable property wherever situated belonging to the durgah sharif iv all other property and all income derived from any source whatsoever dedicated to the durgah or placed for any religious, pious or charitable purposes under the durgah administration, including the jagirdari villages of hokran and kishanpur in ajmer and v all such nazars of offerings as are received on behalf of the durgah by the nazim or any person authorised by him e nazim means the nazim appointed under section 9.

section 7. of the durgah khawaja saheb act : 1 the committee shall elect a president and a vicepresident from among its members. 2 when the office of the president is vacant or in the absence of the president from any meeting, the vicepresident shall perform the functions of the president. 3 in the absence of the president and vice president, a meeting of the committee may be presided over by a member elected by the majority of the members present at the meeting.

section 9. of the durgah khawaja saheb act : 1 the central government may, in consultation with the committee, appoint a person to be the nazim of the durgah and the nazim shall in virtue of his office be the secretary of the committee: provided that no such consultation shall be necessary in the case of the appointment of the first nazim. 2 the nazim shall be paid such salary and allowances as the central government may fix out of the revenues of the durgah endowment. 3 the committee shall exercise its powers of administration, control and management of the durgah endowment through the nazim.

section 4. of the durgah khawaja saheb act : show related subordinates 1 the administration, control and management of the durgah endowment shall be vested in a committee constituted in the manner hereinafter provided. 2 the committee shall by the name of the durgah committee, ajmer, be a body corporate and shall have perpetual succession and a common seal and shall by the said name sue and be sued through its president.

section 3. of the durgah khawaja saheb act : this act shall have effect notwithstanding anything inconsistent therewith contained in the religious endowments act, xx of .

section 10. of the durgah khawaja saheb act : for the purpose of advising the nazim in the discharge of his functions under this act and also for such other purposes as may be specified in any byelaws of the committee, the central government may, in consultation with the chief commissioner, constitute an advisory committee consisting of such number of persons, being hanafi muslims, not exceeding seven, as the central government may think fit, such persons being chosen from among the residents of the state of ajmer or any of the neighbouring states.

section 5. of the durgah khawaja saheb act : show related subordinates the committee shall consist of not less than five and not more than nine members all of whom shall be hanafi muslims and shall be appointed by the central government.

section 13. of the durgah khawaja saheb act : 1 as soon as the office of the sajjadanashin falls vacant, the committee shall, with the previous approval of the chief commissioner, make such interim arrangements for the performance of the functions of the sajjadanashin as it may think fit, and immediately thereafter publish a notice in such form and manner as may be determined by the committee, inviting applications within one month of such publication from persons claiming to succeed to that office. 2 where only one person claims to succeed to the office of the sajjadanashin and the committee is satisfied as to his right to succeed, it shall, with the previous approval of the chief commissioner, pass an order in writing according recognition as sajjadanashin to such person. 3 where more persons than one claim to succeed to the office of the sajjadanashin, the committee shall, after consultation with the chief commissioner, refer the dispute to the judicial commissioner of ajmer for a decision regarding the claim to succeed to that office, and the judicial commissioner, after taking such evidence as he considers necessary and after giving an opportunity to the claimants to be heard in respect of their claims, shall communicate his decision to the committee. 4 the commitee, on the receipt of the decision, shall, with the previous approval of the chief commissioner, pass an order in writing in accordance with such decision declaring the person found entitled to succeed to the office of the sajjadanashin and according recognition as sajjadanashin to such person. 5 an order passed by the committee under subsection 2 or subsection 4 shall be final and shall not be questioned in any court.

section 6. of the durgah khawaja saheb act : 1 a member of the committee shall hold office for a period of five years from the date of his appointment but may resign his office earlier by giving notice in writing thereof to the central government and shall cease to be a member on the resignation being accepted by that government. 2 the central government may remove from office any member of the committee a who is of unsound mind and stands so declared by a competent court, or b who has applied for being adjudged an insolvent, or is an undischarged insolvent, or c who has been convicted of any offence involving moral turpitude, or d who has absented himself for a period of twelve consecutive months from the meetings of the committee or e whose presence on the committee would, in the opinion of the central government, be prejudicial to the interests of the durgah. 3 casual vacancies among members of the committee shall be filled by appointment made by the central government inconsultation with the remaining members of the committee. 4 the term of office of a member appointed to fill a casual vacancy shall be for so long only as the member whose place has been filled would have been entitled to hold office if the vacancy had not occurred.

section 11. of the durgah khawaja saheb act : show related subordinates the powers and duties of the committee shall be a to administer, control and manage the durgah endowment b to keep the buildings within the boundaries of the durgah sharif and all buildings, houses and shops comprised in the drugah endowment in proper order and in a state of good repair c to receive all moneys and other income of the durgah endowment d to see that the endowment funds are spent in the manner desired by the donors e to pay salaries, allowances and perquisites and make all other payments due out of, or charged on, the revenues or income of the durgah endowment. f to determine the privileges of the khadims and to regulate their presence in the durgah by the grant to them of licences in that behalf, if the committee thinks it necessary so to do g to define the powers and duties of the advisory committee h to determine the functions and powers, if any, which the sajjadanashin may exercise in relation to the durgah i to appoint, suspend or dismiss servants of the durgah endowment j to make such provision for the education and maintenance of the indigent descendants of khawaja moinuddin chishti and their families and the indigent khadims and their families residing in india as the committee considers expedient consistently with the financial position of the durgah k to delegate to the nazim such powers and functions as the committee may think fit l to do all other such things as may be incidental or conducive to the efficient administration of the durgah.

section 12. of the durgah khawaja saheb act : there shall be paid to the person for the time being holding the office of the sajjadanashin remuneration at the rate of rupees two hundred per mensem out of the revenues of the durgah endowment.

section 18. of the durgah khawaja saheb act : where in the exercise of its powers and performance of its duties the committee passes any final order against any person directing him to do, or to abstain from doing something, the person against whom the order is directed shall be bound to comply with the order and in case of noncompliance with such order any civil court within the local limits of whose jurisdiction the person against whom the order has been passed, resides or carries on business may execute the order in the same manner and by the same procedure as if it were a decree or order passed by itself in a suit.

section 14. of the durgah khawaja saheb act : 11 it shall be lawful for the nazim or any person authorised by him in this behalf to solicit and receive on behalf of the durgah any nazars or offerings from any person, and notwithstanding anything contained in any rule of law or decision to the contrary, no person other than the nazim of any person authorised by him in this behalf shall receive or be entitled to receive nazars or offerings or behalf of the durgah. 22 whoever solicits or receives any nazars or offerings in contravention of the provisions of subsection 1, shall be punishable with fine which may extend to one thousand rupees. 3 the nazim, the sajjadanashin, the employees and servants of the durgah endowment and all other persons authorised to do any act under this act shall, while acting or purporting to act in pursuance of any of the provisions made by or under this act, be deemed to be public servants within the meaning of section 21 of the indian penal code. 1. section 14 renumbered as subsection 1 thereof by act 20 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 15. of the durgah khawaja saheb act : save as otherwise provided under any enactment for the time being in force, the committee shall, in exercise of its powers and the discharge of its duties, follow the rules of muslim law applicable to hanafi muslims in india, and shall conduct and regulate the established rites and ceremonies in accordance with the tenets of the chishti saint.

section 16. of the durgah khawaja saheb act : 1 if any dispute arises between the committee on the one part and the sajjadanashin, any khadim, and any person claiming to be the servant of the durgah under some hereditary right or any one or more of them on the other part and such dispute does not, in the opinion of the committee, relate to any religious usage or custom or to the performance of any religious office, it shall at the request of either party to the dispute, be referred to a board of arbitration consisting of i a nominee of the committee ii a nominee of the other party to the dispute and iii a person who holds or has held the office of, or is acting or has acted as, a district judge, to be appointed by the central government, and the award of the board shall be final and shall not be questioned in any court. 2 no suit shall lie in any court in respect of any matter which is required by subsection 1 to be referred to a board of arbitration.

section 20. of the durgah khawaja saheb act : show related subordinates 1 the committee may make byelaws to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such byelaws may provide for a the division of duties among the president and the members of the committee b the time and place of, the quorum for, and procedure and conduct of business at, the meetings of the committee c the security, if any, to be taken from the employees of the committee d the books and accounts to be kept at the office of the committee e the custody and investment of the property and the funds of the durgah f the details to be included in or excluded from the budget of the durgah g the persons by whom receipts may be granted for money paid to the committee h the maintenance of peace and order within the durgah compound and regulating the conduct of persons within the precincts of the durgah i the duties and powers of the employees of the durgah j the regulation of the cooking of degs and distribution of the food so cooked, notwithstanding any judicial decision relating to the right of any person or class of persons to participate in such cooking or distribution k the powers and functions of the advisory committee and the matters in which the advice of the advisory committee may be sought by the nazim l the manner of entering into contracts by or on behalf of the committee. 3 any power to make byelaws conferred by this section is conferred subject to the condition of the byelaws being first published in draft for objections by being hung up on the premises of the durgah and of their not taking effect until they have been approved and confirmed by the central government and published in the official gazette. 4 the central government in approving and confirming a byelaw may make any change therein which appears to be necessary. 5 the central government may, after previous publication of its intention cancel any byelaw which it has approved and confirmed, and thereupon the byelaw shall cease to have effect. 16 every byelaw made under this section and every order made by the central government under subsection5 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the byelaw or order, or both houses agree that the byelaw or order should not be made, the byelaw or order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that byelaw or order. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 17. of the durgah khawaja saheb act : no act or proceeding of the committee shall be invalidated merely by reason of the existence of a vacancy among its members or a defect in the constitution thereof.

section 22. of the durgah khawaja saheb act : the durgah khawaja,saheb act, xxiii of and the durgah khawaja saheb emergency provisions act, xvii of are hereby repealed.

section 19. of the durgah khawaja saheb act : 1 the accounts of the durgah shall be audited every year by such persons and in such manner as the central government may direct. 2 the committee shall every year prepare a report on the administration of the durgah, which, together with the accounts of the durgah and the report of the auditor thereon, shall be published in the official gazette.

section 21. of the durgah khawaja saheb act : the person holding, the office of sajjadanashin immediately before the commencement of this act shall, on and from such commencement, continue to hold that office subject to the other provisions of this act and to the final decision in the suit relating to that office which is pending on such commencement and to which the said person is a party.

section 4c. of the state financial corporations act : 14c. payment of amount.the reserve bank shall be given by the development bank, in cash, for the transfer to, and vesting in, the development bank of the shares of every financial corporation which have been subscribed by the reserve bank, an amount equal to the face value of the shares of the financial corporation so subscribed. 1. ins. by act 52 of , s. 27 w.e.f. .

section 1. of the state financial corporations act : 1 this act may be called the state financial corporations act, . 2 it extends to the whole of india 1. 3 it shall come into force in any state on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule. 2. 1st august, in the whole of india except the state of jammu and kashmir, vide notification no. s.r.o. , dated 28th july, , see gazette of india, part ii, sec. 3.

section 4b. of the state financial corporations act : 14b. transfer of share capital to development bank .on such date as the central government may, by notification in the official gazette, specify hereinafter referred to as the specified date, all the shares of every financial corporation subscribed by the reserve bank as on the date immediately preceding the specified date, shall, stand transferred to, and vested in, the development bank. 1. ins. by act 52 of , s. 27 w.e.f. .

section 4d. of the state financial corporations act : 14d. issue of redeemable preference shares.1 on and after the commencement of the state financial corporations amendment act, , the financial corporation may a issue redeemable preference shares on such terms and in such manner as the board may decide and b convert, such number of equity shares as it may decide into redeemable preference shares, with the prior approval of the state government and the small industries bank, by a resolution passed in the general meeting of the shareholers: provided that such conversion shall in no case reduce the equity shares held by the parties referred to in clauses a, b and c of subsection 3 of section 4 to less than fiftyone per cent. of the issued equity capital of the financial corporation. 2 the redeemable preference shares referred to in subsection 1 shall a carry such fixed rate of dividend as the financial corporation may specify at the time of such issue or conversion and b neither be transferable nor carry any voting rights. 3 the redeemable preference shares referred to in subsection 1 shall be redeemed by the financial corporation in such instalments and in such manner as the board may determine. 1. ins. by act 39 of , s. 6 w.e.f. .

section 3. of the state financial corporations act : 1 the state government may, by notification in the official gazette, establish a financial corporation for the state under such name as may be specified in the notification. 2 the financial corporation shall be a body corporate by the name notified under subsection 1, having perpetual succession and a common seal, with power, subject to the provisions of this act, to 1acquire, hold and dispose of property and shall by the said name sue and be sued. 1. subs. by act 56 of , s. 3, for acquire and to hold w.e.f. .

section 3a. of the state financial corporations act : 13a. establishment of joint financial corporations.1 notwithstanding anything contained in section 3, two or more states may, after consultation with the 2small industries bank, enter into an agreement that there shall be one financial corporation for the group of states participating in the agreement and if the agreement is published in the official gazette of each of those states, the central government may, by notification in the official gazette, establish a joint financial corporation to serve the needs of those states under such name as may be specified in the notification. 2 an interstate agreement under subsection 1 among the participating states may a provide for the fixation of the authorised capital of the joint financial corporation, the number of fully paidup shares into which it shall be divided and the allocation among the participating states of the shares to be distributed under clause a of subsection 3 of section 4 b provide for the sharing of the liability for me guarantee under section 6 or section 7 3or section 8 c provide for the number of directors to be nominated to the board by each participating state government d provide for the apportionment among the participating states of expenditure in connection with the joint financial corporation 4 f determine which of the participating state governments shall exercise the several functions of the state government under this act, and references in this act to the state government, in relation to the joint financial corporation, shall, save as otherwise expressly provided, be construed accordingly g provide for consultation among the participating states either generally or with reference to particular matters arising under this act h make such incidental and consequential provisions, not inconsistent with this act, as may be deemed necessary or expedient for giving effect to the agreement. 3 the joint financial corporation shall be a body corporate by the name notified under subsection 1, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property and shall by the said name sue and be sued. 4 any reference in this act to state in relation to a joint financial corporation established for two or more states, shall be construed as a reference to each such state. 1. ins. by s. 4, ibid. w.e.f. . 2. subs. by act 52 of , s. 24, for reserve bank w.e.f. . 3. ins. by act 6 of , s. 3 w.e.f. . 4. omitted by act 43 of , s. 3 w.e.f. .

section 4e. of the state financial corporations act : 14e. reduction of share capital.1 the financial corporation, with the prior approval of the state government and the small industries bank, may, by resolution passed in a general meeting of the shareholders, reduce its share capital in any way. 2 without prejudice to the generality of the foregoing power, the share capital may be reduced by a extinguishing or reducing the liability on any of its equity shares in respect of share capital not paidup or b either with or without extinguishing or reducing liability on any of its equity shares, cancelling any paidup share capital which is lost or is unrepresented by available assets or c either with or without extinguishing or reducing liability on any of its equity shares, paying off any paidup share capital which is in excess of the wants of the financial corporation. 1. ins. by act 39 of , s. 6 w.e.f. .

section 4. of the state financial corporations act : 11 the authorised capital of the financial corporation shall be such sum as may be fixed by the state government in this behalf, but it shall not be less than fifty lakhs of rupees or exceed five hundred crores of rupees: provided that the state government may, on the recommendation of the small industries bank, by notification in the official gazette, increase the authorised capital up to one thousand crores of rupees. 2 subject to the provisions of section 4d, the authorised capital shall be divided into such number of fully paidup shares of the same face value and such number of fully paidup redeemable preference shares of the same face value and shall be issued to the parties mentioned in clauses a, b and c of subsection 3 and in the case of parties referred to in clause d of that subsection, such shares shall be issued at such times and in such manner as the state government may, by notification in the official gazette, determine. 3 subject to the approval of the state government and the small industries bank, the board shall determine the number of shares which may, respectively, be distributed among a the state government b the small industries bank c public sector banks, the life insurance corporation of india established under section 3 of the life insurance corporation act, 31 of , other insurance companies owned or controlled by the central government, other institutions owned or controlled by the central government or the state government, as the case may be and d parties other than those referred to in clause a, or clause b or clause c: provided that the number of shares which may be allocated to parties referred to in clause d shall in no case exceed fortynine per cent. of the total number of issued equity shares: provided further that no increase in the issued equity capital shall be made in such a manner that the parties referred to in clause a or clause b or clause c hold in aggregate, at any time less than fiftyone per cent. of the issued equity capital of the financial corporation. 4 subject to the other provisions contained in this section, the allocation of shares among the parties referred to in clauses c and d of subsection 3 and the allotment of such shares shall be made by the financial corporation in such manner as may be prescribed. 25 if any shares allocated to any of the parties referred to in clauses c and d of subsection 3 remain unsubscribed, they shall be subscribed for equally by the state government and the 3small industries bank. 1. subs. by act 39 of , s. 4, for sections 1, 2 and 3 w.e.f. . 2. subs. by act 43 of , s. 3, for subsection 5 w.e.f. . 3. subs. by act 39 of , s. 4, for development bank w.e.f. .

section 4g. of the state financial corporations act : 14g. proxy voting.in a general meeting referred to in clause b of subsection 1 of section 4d and subsection 1 of section 4e, the resolution for conversion or reduction of share capital shall be passed by shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of votes, if any, cast against the resolution by shareholders so entitled and voting. 1. ins. by act 39 of , s. 6 w.e.f. .

section 4a. of the state financial corporations act : 24a. special class of shares.31 the state government may, in consultation with the 1small industries bank, specify from time to time such part of the unissued capital of the financial corporation as shall be allocated for the issue of a special class of shares. 2 the special class of shares so allocated under subsection 1, shall be, a divided into such number of shares of the same face value as the state government may, in consultation with the 4small industries bank, determine b subscribed by the state government and the 4small industries bank and they may do so in such proportion as may be agreed upon by and between them and the financial corporation shall make allotment of such shares accordingly. 3 the funds representing the capital subscribed as aforesaid shall be used only for such purposes, in such manner and for rendering assistance to such class or category of industrial concerns, as the 4small industries bank may, in consultation with and after obtaining the advice of the state government, specify in this behalf from time to time and nothing contained in 5 section 48 shall apply thereto. 4 the rate of dividend declared on the special class of shares in respect of any accounting year of a financial corporation shall not exceed the rate of dividend in respect of its other shares. 5 nothing contained in subsections 2 to 5 of section 4, section 5, and 6subsections 1 to 4 of section 6, shall apply to the special class of shares. 1. subs. by act 39 of , s. 4, for development bank w.e.f. . 2. ins. by act 77 of , s. 4 w.e.f. . 3. subs. by act 52 of , s. 26, for subsection 1 w.e.f. . 4. subs. by act 39 of , s. 5, for development bank w.e.f. . 5. subs. by s. 5, ibid., for section 47 w.e.f. . 6. subs. by s. 5, ibid., for subsection 1 of section 6 w.e.f. .

section 7. of the state financial corporations act : 17. additional capital of financial corporation and its borrowing powers.1 the financial corporation may issue and sell bonds and debentures for the purpose of increasing its working capital. 2 the state government may, on a request being made to it by the financial corporation, guarantee the bonds and debentures issued by the financial corporation as to the repayment of principal and the payment of interest at such rate as may be fixed by that government. 3 notwithstanding anything contained in the acts hereinafter mentioned in this subsection, such of the bonds and debentures issued by the financial corporation as are guaranteed by the state government as to the repayment of the principal and payment of interest and receipts issued by it for such of deposits as are guaranteed by the state government as to the repayment of the principal and payment of interest shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 2 of , and also to be approved securities for the purpose of the insurance act, 4 of . 2 4 the financial corporation may, for the purposes of carrying out its functions under this act, borrow money from the reserve bank a repayable on demand or on the expiry of a fixed period not exceeding ninety days from the date on which the money is so borrowed against the security of i stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india, or ii such bills of exchange and promissory notes as are eligible for purchase or rediscount by the reserve bank or as are fully guaranteed as to the repayment of the principal and payment of interest by a state government b repayable on the expiry of a fixed period not exceeding eighteen months from the date on which the money is so borrowed, against securities of the central government or of any state government of the maturity, or subject to the previous approval of the state government, against bonds and debentures issued by the financial corporation and maturing within a period not exceeding eighteen months from the date on which the money is so borrowed and every such bond and debenture shall be guaranteed by the state government: provided that the amount borrowed by the financial corporation under clause b shall not at any time exceed in the aggregate twice the paidup share capital thereof. 5 the financial corporation may, for the purpose of carrying out its functions under this act, borrow money from the state government, any financial institution, scheduled bank, insurance company or any other person approved by the board on such terms and conditions as may be agreed upon. 6 the total amount of bonds and debentures issued and outstanding, the amounts borrowed by the financial corporation under clause b of subsection 4 and subsection 5 and of the contingent liabilities of the financial corporation in the form of guarantees given by it or underwriting agreements entered into by it, shall not exceed ten times the amount of the paidup share capital and reserve fund of the financial corporation: provided that the financial corporation may, with the prior approval of the small industries bank, exceed the aforesaid limit up to thirty time the amount of the paidup share capital and reserve fund of the financial corporation. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. . 2. the words and figures and the banking regulation act, 10 of omitted by act 4 of , s. 17 and the schedule date to be notified.

section 4f. of the state financial corporations act : 14f. restriction on exercising of voting right.every shareholder of the financial corporation holding equity shares shall have a right to vote in respect of such shares on every resolution and his voting right on a poll shall be in proportion to his share of the paidup equity capital of the financial corporation: provided however, that no shareholder, other than a shareholder referred to in clauses a, b and c of subsection 3 of section 4, shall be entitled to exercise voting rights in respect of any equity share held by him in excess of ten per cent. of the issued equity capital. 1. ins. by act 39 of , s. 6 w.e.f. .

section 4h. of the state financial corporations act : 14h. transfer of share capital to small industries bank.on such date as the central government may, by notification in the official gazette, notify hereinafter referred to as the notified date all the shares of every financial corporation subscribed by the development bank and the amount outstanding in respect of loans in lieu of capital provided by the development bank as on the date immediately preceding the notified date, shall stand transferred to, and vested in, the small industries bank, such transfer shall be at such rate and be paid in cash or such other manner as may be mutually agreed upon between the development bank and the small industries bank. 1. ins. by act 39 of , s. 6 w.e.f. .

section 10. of the state financial corporations act : 110. board of directors.the board of directors shall consist of the following, namely: a a director to be nominated as chairman under subsection 1 of section 15 b two directors nominated by the state government of whom one director shall be a person who has special knowledge of or experience in smallscale industries: provided that in the case of a joint financial corporation, the number of directors shall be such as the state governments of the participating states may, by agreement among themselves, think fit to nominate each participating state government nominating not more than two directors: provided further that in the case of a joint financial corporation, the director, who shall have special knowledge of, or experience in, smallscale industries, shall be nominated by that participating state which, according to the terms of agreement between the participating states, is entitled to make such nomination c two directors nominated by the small industries bank d two directors nominated in the prescribed manner by the parties mentioned in clause c of subsection 3 of section 4 e such number of directors elected, in the prescribed manner, by shareholders, other than those mentioned in clauses a, b and c of subsection 3 of section 4, whose names are entered on the register of shareholders of the financial corporation, ninety days before the date of the meeting in which such election takes place on the following basis, namely: i where the total amount of issued equity share capital held by such shareholders is ten per cent. or less of the total issued equity capital, two directors ii where the total amount of issued equity share capital held by such shareholders is more than ten per cent. but less than twentyfive per cent. of total issued equity capital, three directors iii where the total amount of issued equity share capital held by such shareholders is twentyfive per cent. or more of total issued equity capital, four directors and iv where the total amount of issued equity share capital held by equity shareholders referred to in this clause does not permit election of all the four directors, the board shall coopt such number of directors as is required to make up the said number who shall retire in equal number on the assumption of charge by the elected directors in the order of their cooption f a managing director appointed in accordance with the provisions of subsection 1 of section 17: provided that on the first constitution of the board, the directors referred to in clause d shall be nominated by the state government and directors so nominated shall, for the purpose of this act, be deemed to be elected directors: provided further that all the directors of the board first constituted, other than the managing director, shall retire at the end of the first year. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. .

section 5. of the state financial corporations act : 15. transfer of shares. 1 save as otherwise provided in subsection 2, the shares of the financial corporation shall be freely transferable. 2 nothing contained in subsection 1 shall entitle the parties referred to in clauses a, b and c of subsection 3 of section 4 to transfer any of the shares held by them in the financial corporation if such transfer will result in reducing the aggregate value of shares held by them to less than fiftyone per cent. of the issued equity capital of the financial corporation. 3 the board may refuse to register the transfer of any shares in the name of the transferee on any one or more of the following grounds, and on no other ground, namely: a the transfer of the shares is in contravention of the provisions of the act or regulations made thereunder or any other law b the transfer of the shares, in the opinion of the board, is prejudicial to the interests of the financial corporation or to the public interest c the transfer of shares is prohibited by an order of a court, tribunal or any other authority under any law for the time being in force. 4. the board shall, before the expiry of two months from the date on which the instrument of transfer of shares of the financial corporation is lodged with it for the purpose of registration of such transfer, not only form, in good faith, its opinion as to whether such registration ought not or ought to be refused on any of the grounds referred to in subsection 3 but also, a if it has formed the opinion that such registration ought not to be so refused, effect such registration and b if it has formed the opinion that such registration ought to be refused on any of the grounds mentioned in subsection 3, intimate the transferor and the transferee by notice in writing. 5 an appeal against the order of refusal of the board under subsection 4 shall lie to the central government and the procedure for filing and hearing of such appeal shall be in accordance with the rules made by the central government in this behalf. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. .

section 6. of the state financial corporations act : 16. conversion of shares guaranteed by state government.1 on the commencement of the state financial corporations amendment act, , every shareholder shall be given by the financial corporation an option to require the financial corporation to convert the shares held by him into shares of the same nominal value without the state government guarantee and issue fresh share certificate or to pay the amount paid in respect of such shares not exceeding the face value of the shares held by him. 2 the option referred to in subsection 1 shall be given by the financial corporation to every existing shareholder before the expiry of three months from the commencement of the state financial corporations amendment act, and shall be exercised by the shareholder within three months from the date of receipt of such option. 3 the option exercised under subsection 2 shall be final and shall not be altered or rescinded after it has been exercised. 4 if, a shareholder exercises option for receiving the payment within the stipulated time, the financial corporation shall, on surrender of the share certificate held by him, pay him the amount paid in respect of such shares not exceeding the face value thereof: provided that if any shareholder fails to exercise the option given to him under subsection 1, within the time stipulated in subsection 2, he shall be deemed to have exercised the first option. 5 nothing contained in subsection 4 shall be deemed to result in reduction of the share capital and the financial corporation may, subject to the provisions of subsection 3 of section 4, allot the shares surrendered by any shareholder, to any other person. 6 the financial corporation shall keep at its head office a register, in one or more books, of shareholders and shall enter therein the following particulars so far as they may be available, namely: i the name, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number ii the date on which each person is so entered as a shareholder iii the date on which any person ceases to be a shareholder and iv such other particulars as may be prescribed: provided that nothing in this subsection shall apply to the shares held with a depository under the depositories act, 22 of . 7 notwithstanding anything contained in subsection 6, it shall be lawful for the financial corporation to keep the register of the shareholders in computer floppies or diskettes, compact disk or any other electronic form subject to such safeguards as may be prescribed. 8 notwithstanding anything contained in the indian evidence act, 1 of , a copy of, or extract from, the register of shareholders, certified to be a true copy under the hand of an officer of the financial corporation authorised in this behalf, shall, in all legal proceedings, be admissible in evidence. 9 the register of beneficial owners maintained by a depository under section 11 of the depositories act, 22 of shall be deemed to be a register of shareholders for the purposes of this act. 10 notwithstanding anything contained in subsections 6, 7 and 8, no notice of any trust, express, implied or constructive, shall be entered on the register of shareholders or be receivable by the financial corporation: provided that nothing in this subsection shall apply to a depository in respect of shares held by it as a registered owner on behalf of a beneficial owner. explanation.for the purposes of subsections 6, 9 and this subsection, the expressions beneficial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, 22 of . 11 notwithstanding anything contained in the indian trusts act, 2 of , the shares of the financial corporation shall be deemed to be included among the securities enumerated in section 20 of that act. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. .

section 8. of the state financial corporations act : 18. deposits with financial corporation.1 the financial corporation may accept from the state government, or with the prior approval of the reserve bank, from a local authority or any other person deposits repayable after the expiry of a period which shall not be less than twelve months from the date of the making of the deposit and on such other terms as the board thinks fit: provided that the total amount of such deposits shall not exceed twice the paidup share capital of the financial corporation: provided further that the state government may permit the financial corporation to accept deposits up to a higher limit not exceeding ten times the paidup share capital of the financial corporation. 2 any deposit accepted under subsection 1, other than a deposit from the state government may, if so required by the financial corporation, be guaranteed by the state government as to the repayment of the principal and payment of interest. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. .

section 12. of the state financial corporations act : 112. disqualifications for being a director.no person shall be a director, if he a has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force or b is or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors or c has been convicted by a court of any offence involving moral turpitude and sentenced in respect thereof to imprisonment of not less than six months and a period of five years has not elapsed from the date of expiry of the sentence or d is elected by the persons referred to in clause d of subsection 3 of section 4 but not registered as shareholder in his own right of unencumbered shares of a nominal value of not less than ten thousand rupees in the financial corporation or e has not paid any call in respect of shares of the financial corporation held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call. 1. subs. by act 39 of , s. 9, for sections 11 and 12 w.e.f. .

section 9. of the state financial corporations act : 19. management. 1 the general superintendence, direction and management of affairs and business of the financial corporation shall vest in a board of directors which may exercise all powers and do all such acts and things, as may be exercised or done by the financial corporation and are not by this act expressly directed or required to be done by the financial corporation in general meeting. 2 the board may direct that any power exercisable by it under this act shall also be exercisable in such cases and subject to such conditions, if any, as may be specified by it, by the chairman, managing director or the wholetime director. 1. subs. by act 39 of , s. 7, for sections 5 to 10 w.e.f. .

section 15. of the state financial corporations act : 115. chairman of board.1 the small industries bank shall, in consultation with the state government nominate a director as a chairman of the board for such period not exceeding three years and on such terms and conditions as the small industries bank may specify: provided that the chairman shall not be a wholetime director unless he is also appointed to function as the managing director: provided further that the chairman shall so long as he remains a director be eligible for reappointment as chairman. 2 the chairman shall preside over the meetings of the board and the general meetings of the financial corporation. 1. subs. by s. 12, ibid., for section 15 w.e.f. .

section 10a. of the state financial corporations act : board of directors. omitted by the state financial corporation amendment act, 39 of , s. 8 w.e.f. .

section 11. of the state financial corporations act : 111. term of office and retirement of directors.1 a nominated director shall hold office during the pleasure of the authority nominating him. 2 subject to the provisions of subsection 1, a nominated director shall hold office for such term not exceeding three years and shall also be eligible for renomination: provided that no such director shall hold office continuously for a period exceeding six years. 3 an elected director other than a director deemed to be elected under the first proviso to clause d of section 10 shall hold office for three years and shall also be eligible for reelection: provided that no such director shall hold office continuously for a period exceeding six years. 1. subs. by act 39 of , s. 9, for sections 11 and 12 w.e.f. .

section 16. of the state financial corporations act : 116. remuneration of directors.the directors other than the managing director and not being servants of the government shall be paid such fees as may be prescribed for attending meetings of the board and, if they are members of the executive committee, or any other committee appointed by the financial corporation, for attending meetings of such committee. 1. subs. by act 6 of , s. 7, for section 16 w.e.f. .

section 19. of the state financial corporations act : 1 the board and the executive committee shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations made under this act. 2 all questions at a meeting shall be decided by a majority of votes of the members present, and in the case of equality of votes, the chairman or in his absence, any other person presiding, shall have a second or casting vote. 3 no director shall vote on any matter in which he is interested. 1 2 5 if for any reason the chairman of the board or the chairman of the executive committee is unable to attend any meeting of the board or, as the case may be, of the executive committee, a in the case of the meeting of the board, a director 3 authorised by the chairman of the board in writing shall preside at such meeting, but if the director so authorised is absent or if no such authorisation has been made, the board may elect a director to preside at the meeting and b in the case of the meeting of the executive committee, a member authorised in writing by the chairman of that committee shall preside at that meeting, but if the member so authorised is absent or if no such authorisation has been made, the committee may elect any of its members to preside at that meeting. 1. subs. by act 6 of , s. 9, for subsection 4 w.e.f. . 2. omitted by s. 15, ibid. w.e.f. . 3. the words , not being the managing director omitted by act 43 of , s. 12 w.e.f. .

section 13. of the state financial corporations act : 11 the state government may remove from office any director who a is, or has become, subject to any of the disqualifications mentioned in section 12 or b without excuse sufficient in the opinion of the state government to exonerate it, is absent without leave of the board from more than three consecutive meetings of the board. 22 the shareholders, other than those mentioned in clauses a, b and c of subsection 3 of section 4, whose names are entered on the register of shareholders, may, after giving to the director a reasonable opportunity of being heard in the manner as may be prescribed, by resolution passed by majority of the votes of such shareholders holding in the aggregate not less than onehalf of the total issued equity share capital held by all such shareholders, remove any director elected under clause d of section 10 and elect in his place another person to fill the vacancy so caused. 1. section 13 renumbered as subsection 1 thereof by s. 10, ibid. w.e.f. . 2. ins. by act 39 of , s. 10 w.e.f. .

section 20. of the state financial corporations act : 1 subject to such general or special directions as the board may from time to time give, the executive committee may deal with any matter within the competence of the board. 2 the minutes of every meeting of the executive committee 1shall, after confirmation thereof at the next meeting of the executive committee, be laid before the board at the next following meeting of the board. 1. subs. by s. 13, ibid., for shall be laid w.e.f. .

section 14. of the state financial corporations act : 11 any director elected under clause d of section 10 may, by giving notice in writing to the chairman of the board, resign from his office and on such resignation being accepted, shall be deemed to have vacated his office. 2 a casual vacancy in the office of an elected director shall be filled by election and a director so elected shall hold office for the unexpired portion of the term of his predecessor. 3 no act or proceeding of the board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the board. 1. subs. by s. 11, ibid., for subsection 1 and 1a w.e.f. .

section 17. of the state financial corporations act : 11 the managing director shall a be appointed, in consultation with the small industries bank, by the state government b be a wholetime officer of the financial corporation c perform such duties as the board, by regulations, entrust or delegate to him d hold office for such term not exceeding three years as the state government may specify and shall be eligible for reappointment e receive such salary and allowances and be subject to other terms and conditions of service as the board may, with the previous approval of the state government, determine. 22 the state government may, after consulting the board, remove the managing director from office: provided that no managing director shall be so removed unless he has been given an opportunity of showing cause against his removal. 3 3 notwithstanding anything contained in subsection 1, the state government, with prior consultation of the small industries bank, shall have the right to terminate the term of office of the managing director at any time, before the expiry of the term specified under clause d of subsection 1 by giving him notice of not less than three months in writing or three months salary and allowances in lieu of such notice and the managing director shall also have right to relinquish his office at any time before the expiry of term specified under clause d of subsection 1 by giving to the state government notice of not less than three months in writing. 1. subs. by act 39 of , s. 13, for section 17 w.e.f. . 2. ins. by act 56 of , s. 9 w.e.f. . 3. ins. by act 39 of , s. 13 w.e.f. .

section 25b. of the state financial corporations act : 125b. gifts, grants, etc.the financial corporation may receive gifts, grants, donations or benefactions from government or any other source. 1. ins. by act 39 of , s. 18 w.e.f. .

section 21. of the state financial corporations act : the financial corporation may appoint 1one or more committee or committees consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons for the purpose of assisting the financial corporation in the efficient discharge of its functions and, in particular, for the purpose of securing that those functions are exercised with due regard to the circumstances and conditions prevailing in, and the requirements of, particular areas or industries. 1. subs. by s. 14, ibid., for one or more advisory committee or committees w.e.f. .

section 23. of the state financial corporations act : the financial corporation may appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions, and determine, by regulations, their conditions of appointment and service and the remuneration payable to them. 1 1. the proviso omitted by act 39 of , s. 16 w.e.f. .

section 26. of the state financial corporations act : 126. limit of accommodation.on and from the commencement of the state financial corporations amendment act, 39 of , the financial corporation shall not enter into any arrangements under clause a, d or h of subsection 1 of section 25 with any industrial concern so that the total amount outstanding against that concern in respect of all such arrangements together with the amount of the face value of the shares and stocks of that concern whether subscribed or agreed to be subscribed and the outstanding liabilities on account of underwriting agreements and the deferred payments guarantees is more than i five hundred lakhs of rupees in the case of a corporation established by or under any other law or a company as defined in section 3 of the companies act, 1 of or a cooperative society registered under the cooperative societies act, 2 of or any other law relating to cooperative societies for the time being in force and ii two hundred lakhs of rupees in any other case: provided that the financial corporation may, with the prior approval of the small industries bank, exceed the limit under clause i or clause ii up to four times. 1. subs. by s. 19, ibid., for section 16 w.e.f .

section 24. of the state financial corporations act : the board in discharging its functions under this act shall act on business principles due regard being had by it to the interests of industry, commerce and the general public.

section 25a. of the state financial corporations act : 125a. power to acquire rights.the financial corporation shall have the right to acquire, by transfer or assignment, the rights and interests of any such financial institution as may be notified by the central government including any other rights incidental thereto in relation to any loan or advance granted or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement or in any other manner: provided that such loan or advance or amount relates to any business which the financial corporation may transact under this act. 1. ins. by act 43 of , s. 16 w.e.f. .

section 22. of the state financial corporations act : 122. offices and agencies.the financial corporation shall establish its head office and other offices and agencies at such places as the state government may, from time to time specify and save as aforesaid, the financial corporation may establish additional offices or agencies in such other places within the state as it may consider necessary. 1. subs. by act 77 of , s. 13, for section 22 w.e.f. .

section 25. of the state financial corporations act : 125. business which financial corporation may transact.21 the financial corporation may, subject to the provisions of this act, carry on and transact any of the following kinds of business, namely: a guaranteeing, on such terms and conditions as may be agreed upon, i loans raised by industrial concerns which are repayable within a period not exceeding twenty years, and are floated in the public market ii loans raised by industrial concerns from scheduled banks or state cooperative banks 3or other financial institutions b guaranteeing, on such terms and conditions as may be agreed upon, deferred payments due from any industrial concern in connection with its purchase of capital goods within india c underwriting of the issue of stock, shares, bonds or debentures by industrial concerns d transferring for consideration any instruments relating to loans and advances granted by it to industrial concerns e acting as agent of the central government or the state government or the development bank or the small industries bank or the ifci limited formed and registered under the companies act, 1 of or any other financial institution notified in this behalf by the central government in respect of any matter connected with, or arising out of, the grant of loans or advances to an industrial concern, or subscription to debentures of an industrial concern or relating to the business of the development bank, small industries bank, ifci limited or financial institution f subscribing to, or purchasing of, the stock, shares, bonds or debentures of an industrial concern or any other concern g retaining as part of its assets any stock, shares, bonds or debentures which it may acquire by subscription or in fulfilment of its underwriting liabilities and disposing of the stock, shares, bonds or debentures so acquired h granting loans or advances to, or subscribing to debentures of, an industrial concern, repayable within a period not exceeding twenty years from the date on which they are granted or subscribed to, as the case may be: provided that the financial corporation may, with the prior approval of the small industries bank, exceed the said limit of twenty years up to a further period of ten years: provided further that nothing contained in this clause shall be deemed to preclude the financial corporation from granting loans or advances to, or subscribing to debentures of, and industrial concern to which may be attached an option to convert such debentures or loans into stock or shares of the industrial concern: provided also that the financial corporation may, in the exercise of such option, convert the amounts outstanding on such debentures or loans into stock or shares of the industrial concern if such concern increases its subscribed capital by the issue of further stock or shares in accordance with and subject to, the provisions of section 81 of the companies act, 1 of . explanation.in this clause, the expression the amounts outstanding on such debentures or loans shall mean the principal, interest and other charges payable on such debentures or loans as at the time when the amounts are sought to be converted into stock or shares i accepting or discounting promissory notes and bills of exchange made, down, accepted or endorsed by industrial concerns or by any person selling capital goods manufactured by one industrial concern to another industrial concern j undertaking research and surveys for evaluating or dealing with marketing or investments or undertaking and carrying on technoeconomic studies or other activities in connection with the development of any industry k providing technical and administrative assistance to any industrial concern or any person for the promotion, management or expansion of any industry l planning and assisting in the promotion and development of industries m providing consultancy and merchant banking services n acting as the trustee for the holders of debentures or other securities o leasing, subleasing or giving on hire or hirepurchase of industrial plant, equipment, machinery or any other asset p factoring q providing export related credit and services r undertaking money market related activities s setting up of mutual funds and undertaking asset management activity t promoting, forming or conducting or assisting in the promotion, formation, or conduct of companies, subsidiaries, societies, trusts or such other associations of persons as it may deem fit u opening or confirming or endorsing letters of credit and negotiating or collecting bills and other documents drawn thereunder v doing such other business as the small industries bank may authorise, and or generally the doing of such acts and things as may be incidental to or consequential upon, the exercise of its powers or the discharge of its duties under this act. 2 the financial corporation may receive, in consideration of any of the services mentioned in subsection 1, such commission, brokerage, interest, remuneration or fee as may be agreed upon. 4 3 subject to the provisions of subsection 5 of section 7, the aggregate of contingent liabilities of the financial corporation under clauses a, b 5c and ca of subsection 1 shall not at any time exceed twice the paidup share capital and reserve fund of the corporation except with the prior approval of the state government and in consultation with the 6small industries bank but in no case shall exceed thrice the paidup share capital and reserve fund of the corporation. 74 nothing contained in this section shall entitle any financial corporation to hold shares in any company, whether as pledgee, mortgagee or absolute owner, of an amount exceeding thirty per cent. of the subscribed share capital of that company or thirty per cent. of its own paidup share capital and free reserves, whichever is less. 5 if, on the commencement of the state financial corporations amendment act, 77 of , any financial corporation is holding shares in excess of the limits specified in subsection 4, the corporation shall report the matter forthwith to the reserve bank and shall, within such period as the reserve bank may allow, so reduce its share holding as to conform to the provisions of that subsection. 1. subs. by act 6 of , s. 10, for section 25 w.e.f. . 2. subs. by s. 17, ibid., for subsection 1 w.e.f. . 3. ins. by act 43 of , s. 15 w.e.f. . 4. omitted by act 43 of , s. 15 w.e.f. . 5. subs. by act 77 of , s. 15, for and c w.e.f. . 6. subs. by act 39 of , s. 17, for development bank w.e.f. . 7. ins. by act 77 of , s. 15 w.e.f. .

section 27. of the state financial corporations act : 1 in entering into any arrangement under section 25 with an industrial concern, the financial corporation may impose such conditions as it may think necessary or expedient for protecting the interests of the financial corporation and securing that the accommodation granted by it is put to the best use by the industrial concern. 12 where any arrangement entered into by the financial corporation with an industrial concern provides for the appointment by the financial corporation of one or more directors of such industrial concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the industrial concern, and any provision regarding share qualification, age limit, number of directorships, removal of office of directors and such like conditions contained in any such law or instrument aforesaid shall not apply to any director appointed by the financial corporation in pursuance of the arrangement as aforesaid. 3 any director appointed in pursuance of subsection 2 shall a hold office during the pleasure of the financial corporation and may be removed or substituted by any person by order in writing by the financial corporation b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. subs. by act 77 of , s. 17, for subsection 2 w.e.f. .

section 28. of the state financial corporations act : 11 the financial corporation shall not 2a except as provided in section 8, accept deposits b except as provided in clauses 3da, f and g of subsection 1 of section 25, subscribe to the shares or stock of any company c grant any loan or advance on the security of its own shares 4d grant any form of assistance to any industrial concern in respect of which the aggregate of the paidup share capital and free reserves exceeds ten crores of rupees or such higher amount not exceeding thirty crores of rupees as the state government, on the recommendation of the small industries bank, may, by notification in the official gazette, specify. 52 the financial corporation shall not enter into any kind of business with any industrial concern, of which any of the directors of the financial corporation is a proprietor, partner, director, manager, agent, employee or guarantor, or in which one or more directors of the financial corporation together hold substantial interest: provided that this section shall not apply to any industrial concern if any director of the financial corporation i is nominated as a director of the board of such concern by the government or a government company as defined in section 617 of the companies act, 1 of or by a corporation established by or under any other law or ii is elected on the board of such concern by virtue of shares held in the concern by government or a government company as defined in section 617 of the companies act, 1 of or by a corporation established by or under any other law, by reason only of such nomination or election, as the case may be. explanation.substantial interest in relation to an industrial concern means the beneficial interest held by one or more of the directors of the financial corporation or by any relative as defined in clause 41 of section 2 of the companies act, 1 of of such director whether singly or taken together, in the shares of the industrial concern, the aggregate amount paidup on which either exceeds five lakhs of rupees or five per cent. of the paidup share capital of the industrial concern, whichever is less. 3 the provisions of subsection 2 i shall not apply to any transaction relating to the business entered into prior to the commencement of the state financial corporations amendment act, 77 of and all such business and any transaction in relation thereto may be implemented or continued as if that act had not come into force ii shall apply only so long as the conditions precedent to such disability as set out in subsection continue. 1 section 28 renumbered as subsection 1 thereof by act 77 of , s. 18 w.e.f. . 2 subs. by act 6 of , s. 13, for clauses a and b w.e.f. . 3 ins. by act 77 of , s. 18 w.e.f. . 4 subs. by act 39 of , s. 20, for clause d w.e.f. . 5 ins. by act 77 of , s. 18 w.e.f. .

section 29. of the state financial corporations act : 1 where any industrial concern, which is under a liability to the financial corporation under an agreement, makes any default in repayment of any loan or advance or any instalment thereof 1or in meeting its obligations in relation to any guarantee given by the corporation or otherwise fails to comply with the terms of its agreement with the financial corporation, the financial corporation shall have the 2right to take over the management or possession or both of the industrial concerns, as well as the 3right to transfer by way of lease or sale and realise the property pledged, mortgaged, hypothecated or assigned to the financial corporation. 2 any transfer of property made by the financial corporation, in exercise of its powers 4 under subsection 1, shall vest in the transferee all rights in or to the property transferred 5as if the transfer had been made by the owner of the property. 3 the financial corporation shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of the security held by it as it had with respect to the original goods. 64 7where any action has been taken against an industrial concern under the provisions of subsection 1, all costs, 8charges and expenses which in the opinion of the financial corporation have been properly incurred by it 9as incidental thereto shall be recoverable from the industrial concern and the money which is received by it 10 shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and, secondly, in discharge of the debt due to the financial corporation, and the residue of the money so received shall be paid to the person entitled thereto. 5 7where the financial corporation has taken any action against an industrial concern under the provisions of subsection 1, the financial corporation shall be deemed to be the owner of such concern, for the purposes of suits by or against the concern, and shall sue and be sued in the name of 11the concern. 1 ins. by act 77 of , s. 19 w.e.f. . 2 subs. by s. 19, ibid., for right to take over the management of the industrial concern w.e.f. . 3 subs. by act 56 of , s. 14, for right to sell w.e.f. . 4. the words of sale and relaisation omitted by s. 14, ibid. w.e.f. . 5 subs. by s.14, ibid., for as if the salew.e.f. . 6 subs. by s. 14, ibid., for subsection 4 w.e.f. . 7 subs. by act 77 of , s. 19, for certain words w.e.f. . 8 subs. by act 6 of , s. 14, for charges and expenses properly incurred w.e.f. . 9 subs. by act 77 of , s. 19, for as incidental to such management, or transfer and realization. w.e.f. . 10. the words from such management, or transfer and realization omitted by s.19, ibid. w.e.f. . 11 subs. by act 6 of , s. 14, for the owner for the concern w.e.f. .

section 32b. of the state financial corporations act : 132b. effect of notified order under section 32a. on the issue of a notified order under section 32aon the issue of a notified order under section 32a. a in any case in which the industrial concern is a company as defined in the companies act, 1 of all persons holding office as directors of the industrial concern and in any other case, all persons holding any office having the powers of superintendence, direction and control of the industrial concern, immediately before the issue of the notified order, shall be deemed to have vacated their offices as such b any contract of management between the industrial concern and any managing agent or any director or manager there of holding office as such immediately before the issue of the notified order shall be deemed to have terminated c in the case of an industrial concern which is a company as defined in the companies act, 1 of the managing agent, if any, appointed under section 32a shall be deemed to have been duly appointed in pursuance of the said act and the memorandum and articles of association of the industrial concern and the provisions of the said act and the memorandum and articles shall, subject to the other provisions contained in this act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the financial corporation d the directors or the administrators appointed under section 32a shall take such steps as may be necessary to take into their custody or under their control all the property, effects and actionable claims to which the industrial concern is, or appears to be, entitled, and all the property and effects of the industrial concern shall be deemed to be in the custody of the directors or administrators, as the case may be, as from the date of the notified order e the directors appointed under section 32a shall, for all purposes, be the directors of the industrial concern duly constituted under the companies act, 1 of and such directors, or as the case may be, the administrators appointed under section 32a, shall alone be entitled to exercise all the powers of the directors or as the case may be, of the persons exercising powers of superintendence, direction and control, of the industrial concern, whether such powers are derived from the said act or from the memorandum or articles of association of the industrial concern or from any other source whatsoever. 1. ins. by act 56 of , s. 17 w.e.f. .

section 30. of the state financial corporations act : notwithstanding anything in any agreement to the contrary, the financial corporation may, by notice in writing, require any industrial concern to which it has granted any loan or advance to discharge forthwith in full its liabilities to the financial corporation, a if it appears to the board that false or misleading information in any material particular was given by the industrial concern in its application for the loan or advance or b if the industrial concern has failed to comply with the terms of its contract with the financial corporation in the matter of the loan or advance or c if there is a reasonable apprehension that the industrial concern is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof or d if the property pledged, mortgaged, hypothecated or assigned to the financial corporation as security for the loan or advance is not insured and kept insured by the industrial concern to the satisfaction of the financial corporation or depreciates in value to such an extent that, in the opinion of the board, further security to the satisfaction of the board should be given and such security is not given or e if, without the permission of the board, any machinery, plant or other equipment, whether forming part of the security or otherwise, is removed from the premises of the industrial concern without being replaced or f if for any reason it is necessary to protect the interests of the financial corporation.

section 31. of the state financial corporations act : 1 where an industrial concern, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof 1or in meeting its obligations in relation to any guarantee given by the corporation or otherwise fails to comply with the terms of its agreement with the financial corporation or where the financial corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, 2then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 4 of any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business for one or more of the following reliefs, namely: a for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the 3financial corporation as security for the loan or advance or 4aa for enforcing the liability of any surety or b for transferring the management of the industrial concern to the financial corporation or c for an ad interim injunction restraining the industrial concern from transferring or removing its machinery or plant or equipment from the premises of the industrial concern without the permission of the board, where such removal is apprehended. 2 an application under subsection 1 shall state the nature and extent of the liability of the industrial concern to the financial corporation, the ground on which it is made and such other particulars as may be prescribed. 1. ins. by act 77 of , s. 20 w.e.f. . 2. ins. by act 56 of , s. 15 w.e.f. . 3. subs. by s. 15, ibid., for corporation w.e.f. . 4. ins. by act 43 of , s. 19 w.e.f. .

section 32f., of an industrial concern not being a company when its management is taken over. of the state financial corporations act : 132f. restriction on filing of suite for dissolution, etc., of an industrial concern not being a company when its management is taken over. 1 where the management of an industrial concern not being a company as defined in the companies act, 1 of is taken over by the financial corporation, no suit or proceedings for dissolution or for partition shall, insofar as it relates to that industrial concern, lie in any court or before any tribunal or other authority except with the consent of the financial corporation. 2 no proceeding for the appointment of any official assignee or receiver in relation to any industrial concern the management of which has been taken over by the financial corporation shall lie in any court except with consent of the financial corporation. 1. ins. by act 56 of , s. 17 w.e.f. .

section 32. of the state financial corporations act : 1 when the application is for the reliefs mentioned in clauses a and c of subsection 1 of section 31, the district judge shall pass an ad interim order attaching the security, or so much of the property of the industrial concern as would on being sold realise in his estimate an amount equivalent in value to the outstanding liability of the industrial concern to the financial corporation, together with the costs of the proceedings taken under section 31, with or without an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment. 11a when the application is for the relief mentioned in clause aa of subsection 1 of section 31, the district judge shall issue a notice calling upon the surety to show cause on a date to be specified in the notice why his liability should not be enforced. 2 when the application is for the relief mentioned in clause b of subsection 1 of section 31, the district judge shall grant an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment and issue a notice calling upon the industrial concern to show cause, on a date to be specified in the notice, why the management of the industrial concern should not be transferred to the financial corporation. 3 before passing any order under subsection 1 or subsection 2 2, or issuing a notice under subsection 1a, the district judge may, if he thinks fit, examine the officer making the application. 34 at the same time as he passes an order under subsection 1, the district judge shall issue to the industrial concern or to the owner of the security attached a notice accompanied by copies of the order, the application and the evidence, if any, recorded by him calling upon it or him to show cause on a date to be specified in the notice why the ad interim order of attachment should not be made absolute or the injunction confirmed. 4a if no cause is shown on or before the date specified in the notice under subsection 1a the district judge shall forthwith order the enforcement of the liability of the surety. 5 if no cause is shown on or before the date specified in the notice under subsections 2 and 4, the district judge shall forthwith make the ad interim order absolute and direct the sale of the attached property or transfer the management of the industrial concern to the financial corporation or confirm the injunction. 6 if cause is shown, the district judge shall proceed to investigate the claim of the financial corporation in accordance with the provisions contained in the code of civil procedure, 5 of insofar as such provisions may be applied thereto. 7 after making an investigation under subsection 6, the district judge may a confirm the order of attachment and direct the sale of the attached property b vary the order of attachment so as to release a portion of the property from attachment and direct the sale of the remainder of the attached property c release the property from attachment d confirm or dissolve the injunction 4 2da direct the enforcement of the liability of the surety or reject the claim made in this behalf or e transfer the management of the industrial concern to the financial corporation or reject the claim made in this behalf: provided that when making an order under clause c 2or making an order rejecting the claim to enforce the liability of the surety under clause da or making an order rejecting the claim to transfer the management of the industrial concern to the financial corporation under clause e, the district judge may make such further orders as he thinks necessary to protect the interests of the financial corporation and may apportion the costs of the proceedings in such manner as he thinks fit: provided further that unless the financial corporation intimates to the district judge that it will not appeal against any order releasing any property from attachment 2or rejecting the claim to enforce the liability of the surety or rejecting the claim to transfer the industrial concern to the financial corporation, such order shall not be given effect to, until the expiry of the period fixed under subsection 9 within which an appeal may be preferred or, if an appeal is preferred, unless the high court otherwise directs until the appeal is disposed of. 8 an order of attachment or sale of property under this section shall be carried into effect as far as practicable in the manner provided in the code of civil procedure 5 of for the attachment or sale of property in execution of a decree as if the financial corporation were the decreeholder. 58a an order under this section transferring the management of an industrial concern to the financial corporation shall be carried into effect, as far as may be practicable, in the manner provided in the code of civil procedure, 5 of for the possession of immovable property or the delivery of movable property in execution of a degree, as if the financial corporation were the decreeholder. 9 any party aggrieved by an order 6under subsection 4a, subsection 5 or subsection 7 may, within thirty days from the date of the order, appeal to the high court, and upon such appeal the high court may, after hearing the parties, pass such orders thereon as it thinks proper. 10 where proceedings for liquidation in respect of an industrial concern have commenced before an application is made under subsection 1 of section 31, nothing in this section shall be construed as giving to the financial corporation any preference over the other creditors of the industrial concern not conferred on it by any other law. 711 the functions of a district judge under this section shall be exercisable a in a presidency town, where there is a city civil court having jurisdiction, by a judge of that court and in the absence of such court, by the high court and b elsewhere, also by an additional district judge 8or by any judge of the principal court of civil jurisdiction. 812 for the removal of doubts it is hereby declared that any court competent to grant an ad interim injunction under this section shall also have the power to appoint a receiver and to exercise all the other powers incidental thereto. 1. ins. by s. 20, ibid. w.e.f. . 2. ins. by act 43 of , s. 20 w.e.f. . 3. subs. by s. 20, ibid., for subsection 4 w.e.f. . 4. the word or omitted by s. 20, ibid. w.e.f. . 5. ins. by act 56 of , s. 16 w.e.f. . 6. subs. by act 43 of , s. 20, for under subsection 5 w.e.f. . 7. subs. by act 6 of , s. 15 for subsection 11 w.e.f. . 8. ins. by act 77 of , s. 21 w.e.f. .

section 32a. of the state financial corporations act : 132a. power of financial corporation to appoint directors or administrators of an industrial concern when management is taken over.1 when the management of an industrial concern is taken over by the financial corporation, the financial corporation may, by order notified in the official gazette, appoint as many persons as it thinks fit, a in any case in which the industrial concern is a company as defined in the companies act, 1 of to be directors of that industrial concern or b in any other case, to be administrators of that industrial concern. 2 the power to appoint directors or administrators under this section includes the power to appoint any individual, firm or company to be the managing agent or manager of the industrial concern on such terms and conditions as the financial corporation may think fit. 23 nothing in the companies act, 1 of or in any other law for the time being in force or in any instrument relating to the industrial concern shall, insofar as it makes in relation to a director, any provision for the holding of any share qualification, age limit, restriction on the number of directorships, retirement by rotation or removal from office, apply to any director appointed by the financial corporation under this section. 1. ins. by act 56 of , s. 17 w.e.f. . 2. ins. by act 6 of , s. 16 w.e.f. .

section 32g. of the state financial corporations act : 132g. recovery of amounts due to the financial corporation as an arrear of land revenue.where any amount is due to the financial corporation in respect of any accommodation granted by it to any industrial concern, the financial corporation or any person authorised by it in writing in this behalf, may, without prejudice to any other mode of recovery, make an application to the state government for the recovery of the amount due to it, and if the state government or such authority, as that government may specify in this behalf, is satisfied, after following such procedure as may be prescribed, that any amount is so due, it may issue a certificate for that amount to the collector, and the collector shall proceed to recover that amount in the same manner as an arrear of land revenue. 1. ins. by act 43 of , s. 21 w.e.f. .

section 33. of the state financial corporations act : 1 every financial corporation shall have its own fund, and all receipts of the financial corporation shall be carried thereto and all payments by the corporation shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in the reserve bank 2or the state bank of india or a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of 3or in any of the banks specified in column 2 of the first schedule to the banking companies acquisition and transfer of undertakings act, 5 of 1or any of the banks specified in column 2 of the first schedule to the banking companies acquisition and transfer of undertakings act, 40 of 4or, in consultation with the reserve bank, in a scheduled bank or a state cooperative bank. 1. ins. by act 43 of , s. 21 w.e.f. . 2. subs. by act 6 of , s. 17, for or with any agency of the reserve bank other than a government treasury w.e.f. . 3. ins. by act 77 of , s. 22 w.e.f. . 4. subs. by act 56 of , s. 18, for or in a scheduled bank in consultation with the reserve bank w.e.f. .

section 32c. of the state financial corporations act : 132c. powers and duties of directors and administrators. 1 subject to the control of the financial corporation, the directors, or as the case may be, the administrators appointed under section 32a, shall take such steps as may be necessary for the purpose of efficiently managing the business of the industrial concern and shall exercise such powers and have such duties as may be prescribed. 2 without prejudice to the generality of the powers vested in them under subsection 1, the directors or as the case may be, the administrators appointed under section 32a, may, with the previous approval of the financial corporation, make an application to a court for the purpose of cancelling or varying any contract or agreement entered into any time before the issue of the notified order under section 32a, between the industrial concern and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the industrial concern, make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose that contract or agreement and the contract or agreement shall have effect accordingly. 1. ins. by act 56 of , s. 17 w.e.f. .

section 32d. of the state financial corporations act : 132d. no right to compensation for termination of contract of managing agent, managing director, etc. 1 notwithstanding anything to the contrary contained in any contract or in any law for the time being in force, no managing agent, managing director or any other director or a manager or any person in charge of management of an industrial concern shall be entitled to any compensation for the loss of office or for the premature termination under this act of any contract of management entered into by him with such concern. 2 nothing contained in subsection 1 shall affect the right of any such managing agent or managing director, or any other director or manager or any such person in charge of management to recover from the industrial concern, moneys recoverable otherwise than by way of such compensation. 1. ins. by act 56 of , s. 17 w.e.f. .

section 32e. of the state financial corporations act : 132e. application of act 1 of . 1 where the management of an industrial concern, being a company as defined in the companies act, 1 of , is taken over by the financial corporation, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such concern, a it shall not be lawful for the shareholders of such concern or any other person to nominate or appoint any person to be a director of the concern b no resolution passed at any meeting of the shareholders of such concern shall be given effect to unless approved by the financial corporation c no proceeding for the winding up of such concern or for the appointment of receiver in respect thereof shall lie in any court, except with the consent of the financial corporation. 2 subject to the provisions contained in subsection 1 and to the other provisions contained in this act and subject to such other exceptions, restrictions and limitations, if any, as the central government in consultation with the state government may, by notification in the official gazette, specify in this behalf, the companies act, 1 of shall continue to apply to such concern in the same manner as it applied thereto before the issue of the notified order under section 32a. 1. ins. by act 56 of , s. 17 w.e.f. .

section 35a. of the state financial corporations act : 135a. special reserve fund.1 the financial corporation may establish a special reserve fund, to which shall be transferred such portion of the dividends accruing to the state government development bank and the small industries bank on the shares of the financial corporation as may be fixed by agreement between the state government, development bank and the small industries bank: provided that after the notified date this subsection shall have effect as if for the words the state government, the development bank and the small industries bank, the words the state government and the small industries bank have been substituted except as regards all dividends accruing in respect of any completed accounting period prior to the notified date. 2 no shareholder of the financial corporation, other than the state government or the small industries bank, shall have any claim to the special reserve fund. 3 the amount standing to the credit of the special reserve fund may be utilised by the financial corporation for only such purposes as are approved by the state government and the small industries bank. 1. subs. by s. 23, ibid., for section 35a w.e.f. .

section 34. of the state financial corporations act : 134. investment of funds.the financial corporation may invest its funds in accordance with applicable guidelines and prudential norms as may be prescribed and in such securities as the board may decide from time to time. 1. subs. by act 39 of , s. 21, for section 34 w.e.f. .

section 35. of the state financial corporations act : 1 the financial corporation shall establish a reserve fund. 2 after making provision for bad and doubtful debts, depreciation of assets and all other matters which are usually provided for by banking companies, the financial corporation may out of its net annual profits declare a dividend 1 2 1. the proviso omitted by s. 22, ibid. w.e.f. . 2. omitted by act 39 of , s. 22 w.e.f. .

section 36. of the state financial corporations act : 1 a general meeting hereinafter referred to as the annual general meeting shall be held annually at a place in the state where there is an office of the financial corporation within 1four months from the date on which the annual accounts of the financial corporation are closed, and a general meeting may be convened by the board at any other time. 22 the shareholders present at the annual general meeting shall be entitled to discuss and adopt a the balancesheet and profit and loss account of the financial corporation made up to the date on which its accounts are closed and balanced b the report of working of the financial corporation for the period covered by the accounts c the auditors report on the balancesheet and accounts and d proposals for declaration of dividend and capitalisation of reserves. 3 the shareholders present at an annual general meeting may also discuss any other matter to be transacted at such meetings in accordance with the provisions of this act. 1. subs. by act 43 of , s. 24, for three months w.e.f. . 2. subs. by act 39 of , s. 24, for subsection 2 w.e.f. .

section 41a. of the state financial corporations act : 141a. protection of action taken by persons appointed under section 27 or section 32a. no suit, prosecution or other legal proceeding shall lie against any person appointed as director, administrator, managing agent or manager by the financial corporation in pursuance of section 27 or section 32a for anything which is in good faith done or intended to be done by him as such director, administrator, managing agent or manager. 1. ins. by act 6 of , s. 21 w.e.f. .

section 37. of the state financial corporations act : 11 the accounts of the financial corporation shall be audited by auditors duly qualified to act as the auditors under subsection 1 of section 226 of the companies act, 1 of , who shall be appointed by the financial corporation in general meeting of shareholders out of the panel of auditors approved by the reserve bank of india for such terms and on such remuneration as the reserve bank may fix. 2 every auditor shall be supplied with a copy of the annual balancesheet of the financial corporation, and it shall be his duty to examine it, together with the accounts and vouchers relating thereto, and every auditor shall have a list delivered to him of all books kept by the financial corporation and shall at all reasonable times have access to the books, accounts and other documents of the financial corporation and may in relation to such accounts examine any director or officer of the financial corporation. 3 the auditors shall make a report to the shareholders upon the annual balancesheet and accounts, and in every such report they shall state whether in their opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of affairs of the financial corporation, and in case they had called for any explanation or information from the board, whether it has been given and whether it is satisfactory. 4 the state government may, in consultation with the comptroller and auditorgeneral of india, at any time issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the financial corporation for the protection of its shareholders and creditors or upon the sufficiency of their procedure in auditing the affairs of the financial corporation and may enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted, or direct that any other examination be made by the auditors, if in its opinion public interest so requires. 5 the financial corporation shall send a copy of every report of the auditors to the comptroller and auditorgeneral of india at least one month before it is placed before the shareholders. 6 notwithstanding anything contained in the preceding subsections, the comptroller and auditorgeneral of india may, either of his own motion or on a request received in this behalf from a state government, undertake such audit and at such times as he may consider necessary: 2 7 every audit report under subsection 6 shall be forwarded to the state government and the government shall cause the same to be laid before the legislature of the state. 1. subs. by s. 25, ibid., for subsection 1 w.e.f. . 2. the proviso omitted by act 39 of , s. 25 w.e.f. .

section 37a. of the state financial corporations act : 1 the 1small industries bank at any time may, with the approval of the central government, and on being directed so to do by that government shall cause an inspection to be made by one or more of its officers of the working of any financial corporation and its books and accounts and the 1small industries bank shall send the report of such inspection to the central government and to the state government and shall supply a copy thereof to the financial corporation. 2 it shall be the duty of every director or every officer of the financial corporation to produce to any officer making an inspection under subsection 1 all such books, accounts and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the financial corporation as the said officer may require of him within such time as the said officer may specify. 3 notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force, no court, tribunal or other authority shall have power to require the 1small industries bank or any of its officers to produce before such court, tribunal or other authority the report of the inspection made by it under subsection 1 or any copy thereof. 4 the state government may, after considering any report sent to it under subsection 1, give such instructions to the board as it considers necessary and it shall be the duty of the board to comply with such instructions. 1. subs. by s. 26, ibid., for development bank w.e.f. .

section 38. of the state financial corporations act : 11 the financial corporation shall furnish to the state government, the 2small industries bank and the reserve bank such statements and returns in such form as the state government, the 2small industries bank or the reserve bank may require from time to time. 2 the financial corporation shall furnish 3to the state government, the 2small industries bank and the reserve bank within 4four months of the close of each financial year a statement in the prescribed form of its assets and liabilities as at the close of that year, together with a profit and loss account for the year, the auditors report and a report of the working of the financial corporation during the year and copies of the said statement, account and reports shall be published in the official gazette and shall also be laid before the legislature of the state. 1. subs. by act 43 of , s. 25, for subsections 1 and 2 w.e.f. . 2. subs. by act 39 of , s. 27, for development bank w.e.f. . 3. subs. by act 52 of , s. 38, for to the state government and to the reserve bank w.e.f. . 4. subs. by act 56 of , s. 22, for three months w.e.f. .

section 43. of the state financial corporations act : for the purposes of the 1incometax act, 43 of , the financial corporation shall be deemed to be a company within the meaning of that act and shall be liable to incometax and supertax accordingly on its income, profits and gains: provided that any sum paid by the state government under the guarantee given in pursuance of2 3section 7 or section 8 shall not be treated as the income, profits and gains of the financial corporation and any interest on debentures, 4bonds or deposits paid by the financial corporation out of such sum shall not be treated as expenditure incurred by it: provided further that in the case of any shareholder such portion of a dividend as has been paid out of any such sum advanced by the state government shall be deemed to be 5his income from interest on securities 6and the incometax shall be payable thereon as if it were the interest receivable on any security of a state government issued incometax free within the meaning of section 8 of that act. 1. subs. by act 43 of , s. 26, for indian incometax act, 11 of w.e.f. . 2. the words and figure section 6 or omitted by act 39 of , s. 31 w.e.f. . 3. subs. by act 6 of , s. 22, for certain words w.e.f. . 4. subs. by s. 22, ibid., for or bonds w.e.f. . 5. subs. by act 48 of , s. 3 and second schedule, for its w.e.f. . 6. subs. by act 6 of , s. 22, for declared to be incometax free w.e.f. .

section 39. of the state financial corporations act : 1 in the discharge of its functions, the board shall be guided by such instructions on questions of policy as may be given to it by the state government 1in consultation with 2and after obtaining the advice of, the 3small industries bank. 2 if any dispute arises between the state government and the board as to whether a question is or is not a question of policy, the decision of the state government shall be final. 42a nothing contained in subsection 1 and subsection 2 shall apply in a case where a state government holds less than fiftyone per cent. of the equity shares in the financial corporation. 2b notwithstanding the equity share holding of a financial corporation by a state government, the state government may advise the financial corporations on the matters of policy. 3 if the board fails to carry out the instructions on the question of policy laid down by the state government 5under subsection 1 of this section or the instructions given to the board under subsection 4 of section 37a, the state government shall have the power to supersede the board and appoint a new board in its place to function until a properly constituted board is set up, and the decision of the state government as to the grounds for superseding the board shall not be questioned in any court. 1. ins. by act 56 of , s. 23 w.e.f.. 2. inserted by act 77 of , s. 26 w.e.f. . 3. subs. by act 39 of , s. 28, for development bank w.e.f. . 4. ins. by s. 28, ibid. w.e.f. . 5. subs. by act 56 of , s. 23, for certain words w.e.f. .

section 43a. of the state financial corporations act : 143a. delegation of powers.the board may, by general or special order, delegate to the managing director or to any other officer of the financial corporation 2or to any committee appointed under section 21 subject to such conditions and limitations, if any, as may be specified in the order such of its powers and duties under this act as it may deem necessary. 1. ins. by s. 23, ibid. w.e.f. . 2. ins. by act 43 of , s. 27 w.e.f. .

section 40. of the state financial corporations act : 11 the financial corporation shall not, except as otherwise required by this act or any other law for the time being in force, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage, customary among bankers, necessary or appropriate for the financial corporation to divulge such information. 2 the financial corporation may, for the purpose of efficient discharge of its functions under this act, collect from, or furnish to a the central government b the state bank of india constituted under section 3 of the state bank of india act, 23 of , any subsidiary bank within the meaning of the state bank of india subsidiary banks act, 38 of , any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , any other scheduled bank, any 2state cooperative bank, the small industries bank or the development bank, such credit information or other information as it may consider useful for the purpose, in such manner and at such time as it may think fit, explanation.for the purposes of this subsection, the expression credit information shall have the same meaning as in clause c of section 45a of the reserve bank of india act, 2 of , subject to the modification that the banking company referred to therein shall mean a bank referred to in clause b of this subsection. 33 every director, auditor, officer or other employee of the financial corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule. 44 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 48 of , s. 6 w.e.f. . 2. subs. by act 39 of , s. 29, for state cooperative bank or the development bank w.e.f. . 3. section 40 renumbered as subsection 3 thereof by act 48 of , s. 6 w.e.f. . 4. ins. act 30 of , s. 34 and the schedule w.e.f. .

section 41. of the state financial corporations act : 1 every director shall be indemnified by the financial corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. 2 a director shall not be responsible for any other director or for any officer or other employee of the financial corporation or for any loss or expenses resulting to the financial corporation by the insufficiency or deficiency of value of or title to any property or security acquired or taken on behalf of the financial corporation or by the wrongful act of any person under obligation to the financial corporation or by anything done in good faith in the execution of the duties of his office or in relation thereto.

section 43b. of the state financial corporations act : 143b. reports to the board.1 the minutes of every meeting of the committee appointed under section 21 shall, after confirmation thereof at the next meeting of the committee, be laid before the board at the next following meeting of the board. 2. 1. ins. by act 43 of , s. 27 w.e.f. . 2. omitted by act 39 of , s. 32 w.e.f. .

section 41b. of the state financial corporations act : 141b. nomination in respect of deposits, bonds, etc.1 notwithstanding anything contained in any other law for the time being in force, where a nomination in respect of any deposits, bonds or other securities is made in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities. 2 any payment by the financial corporation in accordance with the provisions of subsection 1 shall constitute a full discharge to the financial corporation of its liability in respect of such deposits, bonds or securities. 1. ins. by act 39 of , s. 30 w.e.f. .

section 45. of the state financial corporations act : no provision of law relating to the winding up of companies or corporations shall apply to the financial corporation, and the financial corporation shall not be placed in liquidation, save by order of the state government and in such manner as it may direct.

section 42. of the state financial corporations act : 1 whoever, in any bill of lading, warehouse receipt or other document given to the financial corporation, whereby security is given or is purported to be given to the financial corporation for any accommodation granted by it under this act, wilfully makes any false statement or knowingly permits any false statement to be made shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. 2 whoever, without the consent in writing of the financial corporation, uses the name of the financial corporation in any prospectus or advertisement shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 3 no court shall take cognizance of any offence punishable under this act otherwise than on a complaint in writing signed by an officer of the financial corporation authorised by the board in this behalf.

section 44. of the state financial corporations act : the financial corporation shall be deemed to be a bank for the purposes of the bankers books evidence act, 18 of .

section 47. of the state financial corporations act : power of board to make regulations. omitted by the state financial corporations amendment act, 39 of , s. 34 w.e.f. .

section 46. of the state financial corporations act : 1 the central government may by notification in the official gazette, direct that all or any of the provisions of this act shall, subject to such exceptions and restrictions as may be specified, apply to 1any institution established by a state government which has for its object the financing of industrial concerns, and on the issue of such notification, the institution shall be deemed to be a financial corporation established by the state government for the state within the meaning of this act, and the provisions of this act shall become applicable thereto according to the tenor of the notification: 2provided that no notification shall be issued under this subsection in respect of any institution unless a request is made in that behalf by the state government concerned. 2 any notification issued under subsection 1 may suspend the operation of any enactment applicable to any such institution immediately before the issue of the notification. 1. subs. by act 43 of , s. 29, for any institution in existence at the commencement of this act w.e.f. . 2. ins. by s. 29, ibid. w.e.f. .

section 46a. of the state financial corporations act : 146a. extension of jurisdiction of the financial corporation to other states by agreement. 1 where a financial corporation has been established for any state 2 and one or more other states not served in whole or in part by a financial corporation desires that the financial corporation 3should serve the needs of those states or of any area therein, and the states, after consultation with the 4small industries bank, enter into an agreement which is published in the official gazettes of each of those states, then the financial corporation shall, on the issue of a notification in the official gazette by the central government, serve the needs of those states 5or, as the case may be, of the area therein in terms of the agreement 5and any financial corporation or any state may enter into separate or successive agreements as aforesaid with one another or with other financial corporations of states and in relation to different areas of the states. 61a any agreement entered into under subsection 1 may be modified or rescinded by mutual agreement between the parties thereto and every such mutual agreement shall also provide for the apportionment of assets and liabilities. 2 an interstate agreement among the participating states may, as far as may be, make all such provisions as are referred to in subsection 2 of section 3a. 1 ins. by act 56 of , s. 24 w.e.f. . 2 subs. by act 77 of , s. 27, for and any other state w.e.f. . 3 subs. by s. 27, ibid., for should serve its needs w.e.f. . 4 subs. by act 39 of , s. 33, for development bank w.e.f. . 5 ins. by act 77 of , s. . 6 ins. by act 77 of , s. 27 w.e.f. .

section 49. of the state financial corporations act : if any difficulty arises in giving effect to the provisions of this act, as amended by the public financial institutions laws amendment act, 52 of , the central government may, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of three years from the commencement of the said amendment act.

section 46b. of the state financial corporations act : 146b. effect of act on other laws.the provision of this act and of any rule or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the memorandum or articles of association of an industrial concern or in any other instrument having effect by virtue of any law other than this act, but save as aforesaid, the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being applicable to an industrial concern. 1. ins. by act 56 of , s. 24 w.e.f. .

section 48b. of the state financial corporations act : 148b. power to make rules.1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power such rules may provide for the procedure for filing and hearing of appeals under subsection 5 of section 5. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by s. 37, ibid. w.e.f. .

section 48a. of the state financial corporations act : 148a. laying of rules and regulations before state legislature. 2 and every regulation made under section 48 shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and schedule w.e.f. . 2. the words every rule made under section 47 and omitted by act 39 of , s. 36 w.e.f. .

section 48. of the state financial corporations act : 1 the board may, after consultation with the 1small industries bank and with the previous sanction of the state government, make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the holding and conduct of elections under this act, including the final decision on doubts or disputes regarding the validity of elections b the manner in which, and the conditions subject to which, the first allotment of the shares of the financial corporation shall be made c the manner in which, and the conditions subject to which, the shares of the financial corporation may be held and transferred and generally all matters relating to the rights and duties of shareholders 2ca the maintenance of register of shareholders, particulars to be entered in such register, the safeguards to be observed in the maintenance of register of shareholders on computer floppies or diskettes, compact disk or any other electronic form the inspection and closure of the register of shareholders and all other matters connected therewith under section 6 cb the manner of nomination of directors under clause d of section 10 cc the entrusting or delegation of duties to the managing director by the board under clause c of subsection 1 of section 17 cd the functions of executive committee under subsection 2 of section 18 ce the guidelines and prudential norms in accordance with which investment may be made under section 34 cf the manner in which nomination may be made under section 4ib and cg the investments whether by way of deposits in bank or otherwise of the amounts which are not for the time being required for transaction of business d the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised e the calling of meetings of the board, and of the executive committee, fees for attending meetings thereof and the conduct of business thereat f the manner and terms of issue and repayment of bonds and debentures by the financial corporation g the conditions which the financial corporation may impose in granting loans or advances 3 i the forms of returns and statements required under this act j the duties and conduct of officers, other employees, advisers and agents of the financial corporation k the establishment and maintenance of provident or other benefit funds for employees of the financial corporation l the taking over of the management of any industrial concern on a breach of its agreement with the financial corporation m the appointment of 4committees for the purposes of this act, 5fees for attending meetings thereof and the conduct of business thereat and n generally, the efficient conduct of the affairs of the financial corporation. 6o the form and manner in which the balancesheet and the accounts of the financial corporation shall be prepared p any other matter which is to be, or may be, prescribed. 73 all regulations made under this section shall be published in the official gazette and any such regulation shall have effect from such earlier or later date as may be specified in the regulations. 1 subs. by act 39 of , s. 35, for development bank w.e.f. . 2 ins. by s. 35, ibid. w.e.f. . 3. omitted by act 43 of , s. 30 w.e.f. 4 subs. by s. 30, ibid., for advisory committees for technical and other advice w.e.f. . 5 ins. by act 56 of , s. 25 w.e.f. . 6 ins. by act 39 of , s. 35 w.e.f. . 7 subs. by act 77 of , s. 28, for subsection 3 w.e.f. .

section 8. of the building and other construction workers regulation of employment and conditions of service act : if the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that the provisions of this act are not being complied with in relation to any work carried on by such establishment, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, he may, after giving an opportunity to the employer of the establishment to be heard, revoke the registration.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

section 1. of the building and other construction workers regulation of employment and conditions of service act : show related subordinates 1 this act may be called the building and other construction workers regulation of employment and conditions of service act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 1st day of march, . 4 it applies to every establishment which employs, or had employed on any day of the preceding twelve months, ten or more building workers in any building or other construction work. explanation.for the purposes of this subsection, the building workers employed in different relays in a day either by the employer or the contractor shall be taken into account in computing the number of building workers employed in the establishment.

section 3. of the building and other construction workers regulation of employment and conditions of service act : 1 the central government shall, as soon as may be, constitute a committee to be called the central building and other construction workers advisory committee hereinafter referred to as the central advisory committee to advise the central government on such matters arising out of the administration of this act as may be referred to it. 2 the central advisory committee shall consist of a a chairperson to be appointed by the central government b three members of parliament of whom two shall be elected by the house of the people and one by the council of statesmembers c the directorgeneralmember, ex officio d such number of other members, not exceeding thirteen but not less than nine, as the central government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the central government, ought to be represented on the central advisory committee. 3 the number of persons to be appointed as members from each of the categories specified in clause d of subsection 2, the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the central advisory committee shall be such as may be prescribed: provided that the members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. 4 it is hereby declared that the office of member of the central advisory committee shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament.

section 7. of the building and other construction workers regulation of employment and conditions of service act : 1 every employer shall, a in relation to an establishment to which this act applies on its commencement, within a period of sixty days from such commencement and b in relation to any other establishment to which this act may be applicable at any time after such commencement, within a period of sixty days from the date on which this act becomes applicable to such establishment, make an application to the registering officer for the registration of such establishment: provided that the registering officer may entertain any such application after the expiry of the periods aforesaid, if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. 2 every application under subsection 1 shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. 3 after the receipt of an application under subsection 1, the registering officer shall register the establishment and issue a certificate of registration to the employer thereof in such form and within such time and subject to such conditions as may be prescribed. 4 where, after the registration of an establishment under this section, any change occurs in the ownership or management or other prescribed particulars in respect of such establishment, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed.

section 2. of the building and other construction workers regulation of employment and conditions of service act : 1 in this act, unless the context otherwise requires, a appropriate government means, i in relation to an establishment which employs building workers either directly or through a contractor in respect of which the appropriate government under the industrial disputes act, 14 of , is the central government, the central government ii in relation to any such establishment, being a public sector undertaking, as the central government may by notification specify which employs building workers either directly or through a contractor, the central government explanation.for the purposes of subclause ii, public sector undertaking means any corporation established by or under any central, state or provincial act or a government company as defined in section 617 of the companies act, 1 of which is owned, controlled or managed by the central government iii in relation to any other establishment which employs building workers either directly or through a contractor, the government of the state in which that other establishment is situate b beneficiary means a building worker registered under section 12 c board means a building and other construction workers welfare board constituted under subsection 1 of section 18 d building or other construction work means the construction, alteration, repairs, maintenance or demolition, of or, in relation to, buildings, streets, roads, railways, tramways, airfields, irrigation, drainage, embankment and navigation works, flood control works including storm water drainage works, generation, transmission and distribution of power, water works including channels for distribution of water, oil and gas installations, electric lines, wireless, radio, television, telephone, telegraph and overseas communications, dams, canals, reservoirs, watercourses, tunnels, bridges, viaducts, aqueducts, pipelines, towers, cooling towers, transmission towers and such other work as may be specified in this behalf by the appropriate government, by notification but does not include any building or other construction work to which the provisions of the factories act, 63 of , or the mines act, 35 of , apply e building worker means a person who is employed to do any skilled, semiskilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied, in connection with any building or other construction work but does not include any such person i who is employed mainly in a managerial or administrative capacity or ii who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature f chief inspector means the chief inspector of inspection of building and construction appointed under subsection 2 of section 42 g contractor means a person who undertakes to produce a given result for any establishment, other than a mere supply of goods or articles of manufacture, by the employment of building workers or who supplies building workers for any work of the establishment and includes a subcontractor h directorgeneral means the directorgeneral of inspection appointed under subsection 1 of section 42 i employer, in relation to an establishment, means the owner thereof, and includes, i in relation to a building or other construction work carried on by or under the authority of any department of the government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department ii in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment iii in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor j establishment means any establishment belonging to, or under the control of, government, any body corporate or firm, an individual or association or other body of individuals which or who employs building workers in any building or other construction work and includes an establishment belonging to a contractor, but does not include an individual who employs such workers in any building or construction work in relation to his own residence the total cost of such construction not being more than rupees ten lakhs k fund means the building and other construction workers welfare fund of a board constituted under subsection 1 of section 24 l notification means a notification published in the official gazette m prescribed means prescribed by rules made under this act by the central government or, as the case may be, the state government n wages shall have the same meaning as assigned to it in clause vi of section 2 of the payment of wages act, 4 of . 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 9. of the building and other construction workers regulation of employment and conditions of service act : 1 any person aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate officer who shall be a person nominated in this behalf by the appropriate government: provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate officer shall, after giving the appellant an opportunity of being heard, confirm, modify or reverse the order of revocation as expeditiously as possible.

section 4. of the building and other construction workers regulation of employment and conditions of service act : 1 the state government shall constitute a committee to be called the state building and other construction workers advisory committee hereinafter referred to as the state advisory committee to advise the state government on such matters arising out of the administration of this act as may be referred to it. 2 the state advisory committee shall consist of a a chairperson to be appointed by the state government b two members of the state legislature to be elected from the state legislaturemembers c a member to be nominated by the central government d the chief inspectormember, ex officio e such number of other members, not exceeding eleven, but not less than seven, as the state government may nominate to represent the employers, building workers, associations of architects, engineers, accident insurance institutions and any other interests which, in the opinion of the state government, ought to be represented on the state advisory committee. 3 the number of persons to be appointed as members from each of the categories specified in clause e of subsection 2, the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of state advisory committee shall be such as may be prescribed: provided that the number of members nominated to represent the building workers shall not be less than the number of members nominated to represent the employers. state amendment maharashtra amendment of section 4 of 27 of .in section 4 of the building and other construction workers regulation of employment and conditions of service act, 27 of , in its application to the state of maharashtra, in subsection 2, for clause b, the following clause shall be substituted, namely: b two members of the state legislature, of whom one shall be nominated by the speaker of the state legislative assembly from amongst the members of the state legislative assembly and one by the chairman of the state legislative council form amongst the members of the state legislative council.. members. vide maharashtra act 4 of , s. 5.

section 5. of the building and other construction workers regulation of employment and conditions of service act : 1 the appropriate government may constitute one or more expert committees consisting of persons specially qualified in building or other construction work for advising that government for making rules under this act. 2 the members of the expert committee shall be paid such fees and allowances for attending the meetings of the committee as may be prescribed: provided that no fee or allowances shall be payable to a member who is an officer of government or of any body corporate established by or under any law for the time being in force.

section 6. of the building and other construction workers regulation of employment and conditions of service act : the appropriate government may, by order notified in the official gazette, a appoint such persons, being gazetted officers of government, as it thinks fit, to be the registering officers for the purposes of this act and b define the limits within which a registering officer shall exercise the powers conferred on him by or under this act.

section 10. of the building and other construction workers regulation of employment and conditions of service act : no employer of an establishment to which this act applies shall, a in the case of an establishment required to be registered under section 7, but which has not been registered under that section b in the case of an establishment the registration in respect of which has been revoked under section 8 and no appeal has been preferred against such order of revocation under section 9 within the period prescribed for the preferring of such appeal or where an appeal has been so preferred, such appeal has been dismissed, employ building workers in the establishment after the expiry of the period referred to in clause a or clause b of subsection 1 of section 7, or after the revocation of registration under section 8 or after the expiry of the period for preferring an appeal under section 9 or after the dismissal of the appeal, as the case may be.

section 11. of the building and other construction workers regulation of employment and conditions of service act : subject to the provisions of this act, every building worker registered as a beneficiary under this act shall be entitled to the benefits provided by the board from its fund under this act.

section 13. of the building and other construction workers regulation of employment and conditions of service act : 1 the board shall give to every beneficiary an identity card with his photograph duly affixed thereon and with enough space for entering the details of the building or other construction work done by him. 2 every employer shall enter in the identity card the details of the building or other construction work done by the beneficiary and authenticate the same and return it to the beneficiary. 3 a beneficiary who has been issued an identity card under this act shall produce the same whenever demanded by any officer of government or the board, any inspector or any other authority for inspection.

section 17. of the building and other construction workers regulation of employment and conditions of service act : when a beneficiary has not paid his contribution under subsection 1 of section 16 for a continuous period of not less than one year, he shall cease to be a beneficiary: provided that if the secretary of the board is satisfied that the nonpayment of contribution was for a reasonable ground and that the building worker is willing to deposit the arrears, he may allow the building worker to deposit the contribution in arrears and on such deposit being made, the registration of building worker shall stand restored.

section 15. of the building and other construction workers regulation of employment and conditions of service act : every employer shall maintain a register in such form as may be prescribed showing the details of employment of beneficiaries employed in the building or other construction work undertaken by him and the same may be inspected without any prior notice by the secretary of the board or any other officer duly authorised by the board in this behalf.

section 12. of the building and other construction workers regulation of employment and conditions of service act : 1 every building worker who has completed eighteen years of age, but has not completed sixty years of age, and who has been engaged in any building or other construction work for not less than ninety days during the preceding twelve months shall be eligible for registration as a beneficiary under this act. 2 an application for registration shall be made in such form, as may be prescribed, to the officer authorised by the board in this behalf. 3 every application under subsection 2 shall be accompanied by such documents together with such fee not exceeding fifty rupees as may be prescribed. 4 if the officer authorised by the board under subsection 2 is satisfied that the applicant has complied with the provisions of this act and the rules made thereunder, he shall register the name of the building worker as a beneficiary under this act: provided that an application for registration shall not be rejected without giving the applicant an opportunity of being heard. 5 any person aggrieved by the decision under subsection 4 may, within thirty days from the date of such decision, prefer an appeal to the secretary of the board or any other officer specified by the board in this behalf and the decision of the secretary or such other officer on such appeal shall be final: provided that the secretary or any other officer specified by the board in this behalf may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the building worker was prevented by sufficient cause from filing the appeal in time. 6 the secretary of the board shall cause to maintain such registers as may be prescribed.

section 14. of the building and other construction workers regulation of employment and conditions of service act : 1 a building worker who has been registered as a beneficiary under this act shall cease to be as such when he attains the age of sixty years or when he is not engaged in building or other construction work for not less than ninety days in a year: provided that in computing the period of ninety days under this subsection, there shall be excluded any period of absence from the building or other construction work due to any personal injury caused to the building worker by accident arising out of and in the course of his employment. 2 notwithstanding anything contained in subsection 1, if a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years, he shall be eligible to get such benefits as may be prescribed. explanation.for computing the period of three years as a beneficiary with a board under this subsection, there shall be added any period for which a person had been a beneficiary with any other board immediately before his registration.

section 16. of the building and other construction workers regulation of employment and conditions of service act : 1 a building worker who has been registered as a beneficiary under this act shall, until he attains the age of sixty years, contribute to the fund at such rate per mensem, as may be specified by the state government, by notification in the official gazette and different rates of contribution may be specified for different classes of building workers: provided that the board may, if satisfied that a beneficiary is unable to pay his contribution due to any financial hardship, waive the payment of contribution for a period not exceeding three months at a time. 2 a beneficiary may authorise his employer to deduct his contribution from his monthly wages and to remit the same, within fifteen days from such deduction, to the board.

section 18. of the building and other construction workers regulation of employment and conditions of service act : 1 every state government shall, with effect from such date as it may, by notification, appoint, constitute a board to be known as the ...... name of the state building and other construction workers welfare board to exercise the powers conferred on, and perform the functions assigned to, it under this act. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued. 3 the board shall consist of a chairperson, a person to be nominated by the central government and such number of other members, not exceeding fifteen, as may be appointed to it by the state government: provided that the board shall include an equal number of members representing the state government, the employers and the building workers and that at least one member of the board shall be a woman. 4 the terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the board, and the manner of filling of casual vacancies of the members of the board, shall be such as may be prescribed.

section 24. of the building and other construction workers regulation of employment and conditions of service act : 1 there shall be constituted by a board a fund to be called the building and other construction workers welfare fund and there shall be credited thereto a any grants and loans made to the board by the central government under section 23 b all contributions made by the beneficiaries c all sums received by the board from such other sources as may be decided by the central government. 2 the fund shall be applied for meeting a expenses of the board in the discharge of its functions under section 22 and b salaries, allowances and other remuneration of the members, officers and other employees of the board c expenses on objects and for purposes authorised by this act. 3 no board shall, in any financial year, incur expenses towards salaries, allowances and other remuneration to its members, officers and other employees and for meeting the other administrative expenses exceeding five per cent. of its total expenses during that financial year.

section 19. of the building and other construction workers regulation of employment and conditions of service act : 1 the board shall appoint a secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the secretary of the board shall be its chief executive officer. 3 the terms and conditions of appointment and the salary and allowances payable to the secretary and the other officers and employees of the board shall be such as may be prescribed.

section 21., not to invalidate proceedings of the boards. of the building and other construction workers regulation of employment and conditions of service act : no act or proceedings of a board shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the board or b any defect in the appointment of a person acting as a member of the board or c any irregularity in the procedure of the board not affecting the merits of the case.

section 25. of the building and other construction workers regulation of employment and conditions of service act : the board shall prepare, in such form and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the state government and the central government.

section 20. of the building and other construction workers regulation of employment and conditions of service act : 1 the board shall meet at such time and place and observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at such meetings as may be prescribed. 2 the chairperson or, if for any reason he is unable to attend a meeting of the board, any member nominated by the chairperson in this behalf and in the absence of such nomination, any other member elected by the members present from amongst themselves at the meeting, shall preside at the meeting. 3 all questions which come up before any meeting of the board shall be decided by a majority of votes of the members present and voting, and in the event of equality of votes, the chairperson, or in his absence, the person presiding, shall have a second or a casting vote.

section 26. of the building and other construction workers regulation of employment and conditions of service act : the board shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the state government and the central government.

section 22. of the building and other construction workers regulation of employment and conditions of service act : 1 the board may a provide immediate assistance to a beneficiary in case of accident b make payment of pension to the beneficiaries who have completed the age of sixty years c sanction loans and advances to a beneficiary for construction of a house not exceeding such amount and on such terms and conditions as may be prescribed d pay such amount in connection with premia for group insurance scheme of the beneficiaries as it may deem fit e give such financial assistance for the education of children of the beneficiaries as may be prescribed f meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed g make payment of maternity benefit to the female beneficiaries and h make provision and improvement of such other welfare measures and facilities as may be prescribed. 2 the board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the state government for the purpose connected with the welfare of building workers in any establishment. 3 the board may pay annually grantsinaid to a local authority or to an employer who provides to the satisfaction of the board welfare measures and facilities of the standard specified by the board for the benefit of the building workers and the members of their family, so, however, that the amount payable as grantsinaid to any local authority or employer shall not exceed a the amount spent in providing welfare measures and facilities as determined by the state government or any person specified by it in this behalf, or b such amount as may be prescribed, whichever is less: provided that no grantinaid shall be payable in respect of any such welfare measures and facilities where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf.

section 23. of the building and other construction workers regulation of employment and conditions of service act : the central government may, after due appropriation made by parliament by law in this behalf, make to a board grants and loans of such sums of money as the government may consider necessary.

section 27. of the building and other construction workers regulation of employment and conditions of service act : 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the comptroller and auditorgeneral of india. 2 the comptroller and auditorgeneral of india or any other person appointed by him in connection with the auditing of the accounts of the board under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the auditing of the government accounts and, in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board under this act. 3 the accounts of the board shall be audited by the comptroller and auditorgeneral of india annually and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 4 the board shall furnish to the state government before such date as may be prescribed its audited copy of accounts together with the auditors report. 5 the state government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before the state legislature.

section 28. of the building and other construction workers regulation of employment and conditions of service act : 1 the appropriate government may, by rules, a fix the number of hours of work which shall constitute a normal working day for a building worker, inclusive of one or more specified intervals b provide for a day of rest in every period of seven days which shall be allowed to all building workers and for the payment of remuneration in respect of such days of rest c provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29. 2 the provisions of subsection 1 shall, in relation to the following classes of building workers, apply only to such extent, and subject to such conditions, as may be prescribed, namely: a persons engaged on urgent work, or in any emergency which could not have been foreseen or prevented b persons engaged in a work in the nature of preparatory or complementary work which must necessarily be carried on outside the normal hours of work laid down in the rules c persons engaged in any work which for technical reasons has to be completed before the day is over d persons engaged in a work which could not be carried on except at times dependant on the irregular action of natural forces.

section 29. of the building and other construction workers regulation of employment and conditions of service act : 1 where any building worker is required to work on any day in excess of the number of hours constituting a normal working day, he shall be entitled to wages at the rate of twice his ordinary rate of wages. 2 for the purposes of this section, ordinary rates of wages means the basic wages plus such allowances as the worker is for the time being entitled to but does not include any bonus.

section 31. of the building and other construction workers regulation of employment and conditions of service act : no person about whom the employer knows or has reason to believe that he is a deaf or he has a defective vision or he has a tendency to giddiness shall be required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.

section 35. of the building and other construction workers regulation of employment and conditions of service act : 1 in every place wherein, more than fifty female building workers are ordinarily employed, there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such female workers. 2 such rooms shall a provide adequate accommodation b be adequately lighted and ventilated c be maintained in a clean and sanitary condition d be under the charge of women trained in the care of children and infants.

section 30. of the building and other construction workers regulation of employment and conditions of service act : 1 every employer shall maintain such registers and records giving such particulars of building workers employed by him, the work performed by them, the number of hours of work which shall constitute a normal working day for them, a day of rest in every period of seven days which shall be allowed to them, the wages paid to them, the receipts given by them and such other particulars in such form as my be prescribed. 2 every employer shall keep exhibited, in such manner as may be prescribed, in the place where such workers may be employed, notices in the prescribed form containing the prescribed particulars. 3 the appropriate government may, by rules, provide for the issue of wage books or wage slips to building workers employed in an establishment and prescribe the manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

section 32. of the building and other construction workers regulation of employment and conditions of service act : 1 the employer shall make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed therein, a sufficient supply of wholesome drinking water. 2 all such points shall be legibly marked drinking water in a language understood by a majority of the persons employed in such place and no such point shall be situated within six metres of any washing place, urinal or latrine.

section 33. of the building and other construction workers regulation of employment and conditions of service act : in every place where building or other construction work is carried on, the employer shall provide sufficient latrine and urinal accommodation of such types as may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place: provided that it shall not be necessary to provide separate urinals in any place where less than fifty persons are employed or where the latrines are connected to a waterborne sewage system.

section 34. of the building and other construction workers regulation of employment and conditions of service act : 1 the employer shall provide, free of charges and within the work site or as near to it as may be possible, temporary living accommodation to all building workers employed by him for such period as the building or other construction work is in progress. 2 the temporary accommodation provided under subsection 1 shall have separate cooking place, bathing, washing and lavatory facilities. 3 as soon as may be, after the building or other construction work is over, the employer shall, at his own cost, cause removal or demolition of the temporary structures erected by him for the purpose of providing living accommodation, cooking place or other facilities to the building workers as required under subsection 1 and restore the ground in good level and clean condition. 4 in case an employer is given any land by a municipal board or any other local authority for the purposes of providing temporary accommodation for the building workers under this section, he shall, as soon as may be after the construction work is over, return the possession of such land in the same condition in which he received the same.

section 36. firstaid of the building and other construction workers regulation of employment and conditions of service act : every employer shall provide in all the places where building or other construction work is carried on such firstaid facilities as may be prescribed.

section 43. of the building and other construction workers regulation of employment and conditions of service act : 1 subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed, a enter, at all reasonable hours, with such assistants if any being persons in the service of the government or any local or other public authority as he thinks fit, any premises or place where building or other construction work is carried on, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this act, and require the production thereof for inspection b examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a building worker employed therein c require any person giving out building or other construction work to any building worker, to give any information, which is in his power to give with respect to the names and addresses of the persons to, for and whom the building or other construction work is given out or received, and with respect to the payments to be made for the building or other construction work d seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by the employer and e exercise such other powers as may be prescribed. 2 for the purposes of this section, the directorgeneral or the chief inspector, as the case may be, may employ experts or agencies having such qualifications and experience and on such terms and conditions as may be prescribed. 3 any person required to produce any document or to give any information required by an inspector under subsection 1 shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code 45 of . 4 the provisions of the code of criminal procedure, 2 of , shall, so far as may be, apply to such search or seizure under subsection 1 as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code.

section 37. of the building and other construction workers regulation of employment and conditions of service act : the appropriate government may, by rules, require the employer a to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed, a canteen for the use of the workers b to provide such other welfare measures for the benefit of building workers as may be prescribed.

section 38.safety committee and safety officers of the building and other construction workers regulation of employment and conditions of service act : 1 in every establishment wherein five hundred or more building workers are ordinarily employed, the employer shall constitute a safety committee consisting of such number of representatives of the employer and the building workers as may be prescribed by the state government: provided that the number of persons representing the workers, shall, in no case, be less than the persons representing the employer. 2 in every establishment referred to in subsection 1, the employer shall also appoint a safety officer who shall possess such qualifications and perform such duties as may be prescribed.

section 39. of the building and other construction workers regulation of employment and conditions of service act : 1 where in any establishment an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of fortyeight hours or more immediately following the accident, or which is of such a nature as may be prescribed, the employer shall give notice thereof to such authority, in such form and within such time as may be prescribed. 2 on receipt of a notice under subsection 1 the authority referred to in that subsection may make such investigation or inquiry as it considers necessary. 3 where a notice given under subsection 1 relates to an accident causing death of five or more persons, the authority shall make an inquiry into such accident within one month of the receipt of the notice.

section 44. responsibility of employers of the building and other construction workers regulation of employment and conditions of service act : an employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this act relating to safety and for taking all practical steps necessary to prevent accidents.

section 40. power of appropriate government to make rules for the safety and health of building workers. of the building and other construction workers regulation of employment and conditions of service act : 1 the appropriate government may, by notification, make rules regarding the measures to be taken for the safety and health of building workers in the course of their employment and the equipment and appliances necessary to be provided to them for ensuring their safety, health and protection, during such employment. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the safe means of access to, and the safety of, any working place, including the provision of suitable and sufficient scaffolding at various stages when work cannot be safely done from the ground or from any part of a building or from a ladder or such other means of support b the precautions to be taken in connection with the demolition of the whole or any substantial part of a building or other structure under the supervision of a competent person and the avoidance of danger from collapse of any building or other structure while removing any part of the framed building or other structure by shoring or otherwise c the handling or use of explosive under the control of competent persons so that there is no exposure to the risk of injury from explosion or from flying material d the erection, installation, use and maintenance of transporting equipment, such as locomotives, trucks, wagons and other vehicles and trailers and appointment of competent persons to drive or operate such equipment e the erection, installation, use and maintenance of hoists, lifting appliances and lifting gear including periodical testing and examination and heat treatment, where necessary, precautions to be taken while raising or lowering loads, restrictions on carriage of persons and appointment of competent persons on hoists or other lifting appliances f the adequate and suitable lighting of every workplace and approach thereto, of every place where raising or lowering operations with the use of hoists, lifting appliances or lifting gears are in progress and of all openings dangerous to building workers employed g the precautions to be taken to prevent inhalation of dust, fumes, gases or vapours during any grinding, cleaning, spraying or manipulation of any material and steps to be taken to secure and maintain adequate ventilation of every working place or confined space h the measures to be taken during stacking or unstacking, stowing or unstowing of materials or goods or handling in connection therewith i the safeguarding of machinery including the fencing of every flywheel and every moving part of a prime mover and every part of transmission or other machinery, unless it is in such a position or of such construction as to be safe to every worker working on any of the operations and as if it were securely fenced j the safe handling and use of plant, including tools and equipment operated by compressed air k the precautions to be taken in case of fire l the limits of weight to be lifted or moved by workers m the safe transport of workers to or from any workplace by water and provision of means for rescue from drowning n the steps to be taken to prevent danger to workers from live electric wires or apparatus including electrical machinery and tools and from overhead wires o the keeping of safety nets, safety sheets and safety belts where the special nature or the circumstances of work render them necessary for the safety of the workers p the standards to be complied with regard to scaffolding, ladders and stairs, lifting appliances, ropes, chains and accessories, earth moving equipments and floating operational equipments q the precautions to be taken with regard to pile driving, concrete work, work with hot asphalt, tar or other similar things, insulation work, demolition operations, excavation, underground construction and handling materials r the safety policy, that is to say, a policy relating to steps to be taken to ensure the safety and health of the building workers, the administrative arrangements therefor and the matters connected therewith, to be framed by the employers and contractors for the operations to be carried on in a building or other construction work s the information to be furnished to the bureau of indian standards established under the bureau of indian standards act, 63 of , regarding the use of any article or process covered under that act in a building or other construction work t the provision and maintenance of medical facilities for building workers u any other matter concerning the safety and health of workers working in any of the operations being carried on in a building or other construction work.

section 42. of the building and other construction workers regulation of employment and conditions of service act : 1 the central government may, by notification, appoint a gazetted officer of that government to be the directorgeneral of inspection who shall be responsible for laying down the standards of inspection and shall also exercise the powers of an inspector throughout india in relation to all the establishments for which the central government is the appropriate government. 2 the state government may, by notification, appoint a gazetted officer of that government to be the chief inspector of inspection of building and construction who shall be responsible for effectively carrying out the provisions of this act in the state and shall also exercise the powers of an inspector under this act throughout the state in relation to establishments for which the state government is the appropriate government. 3 the appropriate government may, by notification, appoint such number of its officers as it thinks fit to be inspectors for the purposes of this act and may assign to them such local limits as it may think fit. 4 every inspector appointed under this section shall be subject to the control of the directorgeneral or the chief inspector, as the case may be, and shall exercise his powers and perform his functions under this act subject to general control and supervision of the directorgeneral or the chief inspector. 5 the directorgeneral, the chief inspector and every inspector shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 41. of the building and other construction workers regulation of employment and conditions of service act : the central government may, after considering the recommendation of the expert committee constituted under section 5, frame model rules in respect of all or any of the matters specified in section 40 and where any such model rules have been framed in respect of any such matter, the appropriate government shall, while making any rules in respect of that matter under section 40, so far as is practicable, conform to such model rules.

section 45.responsibility for payment of wages and compensation of the building and other construction workers regulation of employment and conditions of service act : 1 an employer shall be responsible for payment of wages to each building worker employed by him and such wages shall be paid on or before such date as may be prescribed. 2 in case the contractor fails to make payment of compensation in respect of a building worker employed by him, where he is liable to make such payment when due, or makes short payment thereof, then, in the case of death or disablement of the building worker, the employer shall be liable to make payment of that compensation in full or the unpaid balance due in accordance with the provisions of the workmens compensation act, 8 of , and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

section 46. of the building and other construction workers regulation of employment and conditions of service act : 1 an employer shall, at least thirty days before the commencement of any building or other construction work, send or cause to be sent to the inspector having jurisdiction in the area where the proposed building or other construction work is to be executed, a written notice containing a the name and situation of the place where the building or other construction work is proposed to be carried on b the name and address of the person who is undertaking the building or other construction work c the address to which communications relating to the building or other construction work may be sent d the nature of the work involved and the facilities, including any plant and machinery, provided e the arrangements for the storage of explosives, if any, to be used in the building or other construction work f the number of workers likely to be employed during the various stages of building or other construction work g the name and designation of the person who will be in overall charge of the building or other construction work at the site h the approximate duration of the work i such other matters as may be prescribed. 2 where any change occurs in any of the particulars furnished under subsection 1, the employer shall intimate the change to the inspector within two days of such change. 3 nothing contained in subsection 1 shall apply in case of such class of building or other construction work as the appropriate government may by notification specify to be emergent works.

section 47. of the building and other construction workers regulation of employment and conditions of service act : 1 whoever contravenes the provisions of any rules made under section 40 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention. 2 if any person who has been convicted of any offence punishable under subsection 1 is again guilty of an offence involving a contravention or failure of compliance of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to six months or with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees or with both: provided that for the purposes of this subsection, no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted: provided further that the authority imposing the penalty, if it is satisfied that there are exceptional circumstances warranting such a course may, after recording its reasons in writing, impose a fine of less than five hundred rupees.

section 48. of the building and other construction workers regulation of employment and conditions of service act : where an employer fails to give notice of the commencement of the building or other construction work under section 46, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both.

section 52. of the building and other construction workers regulation of employment and conditions of service act : where any penalty imposed on any person under section 50 is not paid, i the directorgeneral or, as the case may be, the chief inspector may deduct the amount so payable from any money owing to such person which may be under his control or ii the directorgeneral or, as the case may be, the chief inspector may recover the amount so payable by detaining or selling the goods belonging to such person which are under his control or iii if the amount cannot be recovered from such person in the manner provided in clause i or clause ii, the directorgeneral or, as the case may be, the chief inspector may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on his business and the said collector, on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue.

section 53.offences by companies of the building and other construction workers regulation of employment and conditions of service act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 49.penalty for obstructions of the building and other construction workers regulation of employment and conditions of service act : 1 whoever obstructs an inspector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an establishment shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 2 whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before, or being examined by, an inspector acting in pursuance of his duties under this act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. state amendment jammu and kashmir and ladakh uts. insertion of new sectionafter section 49, insert. 49a. compounding of offences.1 any offence punishable under sections 47, 48 and 49 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf: provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 50.penalty for other offences of the building and other construction workers regulation of employment and conditions of service act : 1 whoever contravenes any other provision of this act or any rules made thereunder or who fails to comply with any provision of this act or any rules made thereunder shall, where no express penalty is elsewhere provided for such contravention or failure, be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be, and in the case of a continuing contravention or failure, as the case may be, with an additional fine which may extend to one hundred rupees for every day during which such contravention or failure continues after the conviction for the first such contravention or failure. 2 a penalty under subsection 1 may be imposed a by the directorgeneral where the contravention or failure relates to a matter to which the appropriate government is the central government and b by the chief inspector where the contravention or failure relates to a matter to which the appropriate government is the state government. 3 no penalty shall be imposed unless the person concerned is given a notice in writing a informing him of the grounds on which it is proposed to impose a penalty and b giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter. 4 without prejudice to any other provision contained in this act, the directorgeneral and the chief inspector shall have all the powers of a civil court under the code of civil procedure, 5 of , while exercising any powers under this section, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the discovery and production of any document c requisitioning any public record or copy thereof from any court or office d receiving evidence on affidavits and e issuing commissions for the examination of witnesses or documents. 5 nothing contained in this section shall be construed to prevent the person concerned from being prosecuted under any other provision of this act or any other law for any offence made punishable by this act or by that other law, as the case may be, or for being liable under this act or any such law to any other or higher penalty or punishment than is provided for such offence by this section: provided that no person shall be punished twice for the same offence.

section 51. of the building and other construction workers regulation of employment and conditions of service act : 1 any person aggrieved by the imposition of any penalty under section 50 may prefer an appeal a where the penalty has been imposed by the directorgeneral, to the central government b where the penalty has been imposed by the chief inspector, to the state government, within a period of three months from the date of communication to such person of the imposition of such penalty: provided that the central government or the state government, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring an appeal within the aforesaid period of three months, allow such appeal to be preferred within a further period of three months. 2 the appellate authority may, after giving the appellant an opportunity of being heard, if he so desires, and after making such further inquiry, if any, as it may consider necessary, pass such order as it thinks fit confirming, modifying or reversing the order appealed against or may send back the case with such directions as it may think fit for a fresh decision.

section 61. of the building and other construction workers regulation of employment and conditions of service act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 54.cognizance of offences of the building and other construction workers regulation of employment and conditions of service act : 1 no court shall take cognizance of any offence punishable under this act except on a complaint a made by, or with the previous sanction in writing of, the directorgeneral or the chief inspector or b made by an officebearer of a voluntary organisation registered under the societies registration act, 21 of or c made by an officebearer of any concerned trade union registered under the trade unions act, 16 of . 2 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act.

section 55.limitation of prosecutions of the building and other construction workers regulation of employment and conditions of service act : no court shall take congizance of an offence punishable under this act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the directorgeneral, the chief inspector, an officebearer of a voluntary organisation or, as the case may be, an officebearer of any concerned trade union.

section 60. of the building and other construction workers regulation of employment and conditions of service act : the central government may give directions to the government of any state or to a board as to the carrying into execution in that state of any of the provisions of this act.

section 56.delegation of powers of the building and other construction workers regulation of employment and conditions of service act : a board may, by general or special order, delegate to the chairperson or any other member or to the secretary or any other officer or employee of the board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this act as it may deem necessary.

section 58. of the building and other construction workers regulation of employment and conditions of service act : the provisions of the workmens compensation act, , shall so far as may be, apply to building workers as if the employment to which this act applies had been included in the second schedule to that act.

section 57. returns of the building and other construction workers regulation of employment and conditions of service act : every board shall furnish from time to time to the central government and to the state government such returns as they may require.

section 59.protection of action taken in good faith of the building and other construction workers regulation of employment and conditions of service act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no prosecution or other legal proceeding shall lie against the government, any board or committees constituted under this act or any member of such board or any officer or employee of the government or the board or any other person authorised by the government or any board or committee, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made or issued thereunder.

section 64.repeal and saving of the building and other construction workers regulation of employment and conditions of service act : 1 the building and other construction workers regulation of employment and conditions of service third ordinance, ord. 25 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 62. of the building and other construction workers regulation of employment and conditions of service act : 1 the appropriate government may, after consultation with the expert committee, by notification, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number of persons to be appointed as members representing various interests on the central advisory committee and the state advisory committees, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies under subsection 3 of section 3 or, as the case may be, under subsection 3 of section 4 b the fees and allowances that may be paid to the members of the expert committee for attending its meetings under subsection 2 of section 5 c the form of application for the registration of an establishment, the levy of fees therefor and the particulars it may contain under subsection 2 of section 7 d the form of certificate of registration, the time within which and the conditions subject to which such certificate may be issued under subsection 3 of section 7 e the form in which the change in ownership or management or other particulars shall be intimated to the registering officer under subsection 4 of section 7 f the form in which an application for registration as a beneficiary shall be made under subsection 2 of section 12 g the document and the fee which shall accompany the application under subsection 3 of section 12 h the registers which the secretary of the board shall cause to be maintained under subsection 6 of section 12 i the benefits which may be given under subsection 2 of section 14 j the form in which register of beneficiaries shall be maintained under section 15 k the terms and conditions of appointment, the salaries and other allowances payable to, and the manner of filling of casual vacancies of, the chairperson and other members of the board under subsection 4 of section 18 l the terms and conditions of service and the salaries and allowances payable to the secretary and the other officers and employees of the board under subsection 3 of section 19 m the time and place of the meeting of the board and the rules of procedure to be followed at such meeting under subsection 1 of section 20 including quorum necessary for the transaction of business n the amount payable as house building loans or advances, the terms and conditions of such payment under clause c, educational assistance under clause e, medical expenses payable and the persons who shall be the dependent of the beneficiaries under clause f, and the other welfare measures for which provision may be made under clause h, of subsection 1 of section 22 o the limits of grantsinaid payable to the local authorities and employers under clause b of subsection 3 of section 22 p the form in which and the time within which the budget of the board shall be prepared and forwarded to government under section 25 q the form in which and the time within which the annual report of the board shall be submitted to the state government and the central government under section 26 r the form of annual statement of accounts under subsection 1, and the date before which the audited copy of the accounts together with the auditors report shall be furnished under subsection 4 of section 27: s the matters required to be provided under subsection 1 of section 28 and the extent up to which, and the conditions subject to which, the provisions of that subsection shall apply to the building workers under subsection 2 of that section t the registers and records that shall be maintained by the employer and the form in which such registers and records shall be maintained and the particulars to be included therein under subsection 1 of section 30 u the form and manner in which a notice shall be exhibited and the particulars it may contain under subsection 2 of section 30 v the issue of wage books or wage slips to building workers and the manner in which entries are to be made and authenticated in wage books or wage slips under subsection 3 of section 30 w the types of latrines and urinals required to be provided under section 33 x the firstaid facilities which are to be provided under section 36 y the canteen facilities which are to be provided under clause a of section 37 z the welfare measures which are to be provided under clause b of section 37 za the number of representatives of the employer and the building workers under subsection 1 of section 38 and the qualifications of safety officers and the duties to be performed by them under subsection 2 of that section zb the form of a notice of accident, other matters to be provided in this behalf and the time within which such notice shall be given under subsection 1 of section 39 zc the rules to be made for the safety and health of building workers under section 40 zd the powers that may be exercised by an inspector under clause e of subsection 1 of section 43 and the qualifications and experience which the experts or agencies employed under subsection 2 of that section shall possess and the terms and conditions on which such experts or agencies may be employed ze the date on or before which wages shall be paid to a building worker under section 45 zf the matters which are required to be prescribed under clause i of subsection 1 of section 46 zg any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 4 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or, where such legislature consists of one house, before that house.

section 63. of the building and other construction workers regulation of employment and conditions of service act : nothing contained in this act shall affect the operation of any corresponding law in a state providing welfare schemes which are more beneficial to the building and other construction workers than those provided for them by or under this act.

section 8. of the unit trust of india transfer of undertaking and repeal act : 1 the administrator shall, immediately on redemption of all the schemes of the specified undertaking and the payment of entire amount to investors, shall vacate his office but nothing in this subsection shall be construed as prohibiting his appointment as a member of the board of advisers after vacation of his office as such. 2 on the vacation of his office, the administrator shall forthwith deliver, to the central government or any institution or officer specified by it, possession of all assets and properties representing and relatable to the specified undertaking which are in his possession, custody and control on the date immediately preceding the date on which he vacates his office as the administrator.

The Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002

section 1. of the unit trust of india transfer of undertaking and repeal act : 1 this act may be called the unit trust of india transfer of undertaking and repeal act, . 2 it shall be deemed to have come into force on the 29th day of october, .

section 2. of the unit trust of india transfer of undertaking and repeal act : in this act, unless the context otherwise requires, a administrator means a person or a body of persons appointed as administrator under section 7 b appointed day means such date as the central government may, by notification in the official gazette, appoint under section 4 c bank shall have the meaning assigned to it in clause d of section 2 of the recovery of debts due to banks and financial institutions act, 51 of d development bank means the industrial development bank of india established under the industrial development bank of india act, 18 of e financial institution shall have the meaning assigned to it in clause h of section 2of the recovery of debts due to banks and financial institutions act, 51 of f life insurance corporation of india means the life insurance corporation of india established under subsection 1 of section 3 of the life insurance corporation act, 31 of g schedule means schedules i and ii to this act h specified company means a company to be formed and registered under the companies act, 1 of and whose entire capital is subscribed by such financial institutions or banks as may be specified by the central government, by notification in the official gazette, for the purpose of transfer and vesting of the undertaking i specified undertaking includes all business, assets, liabilities and properties of the trust representing and relatable to the schemes and development reserve fund specified in the schedule i j state bank means the state bank of india constituted under the state bank of india act, 23 of k trust means the unit trust of india established under subsection 1 of section 3 of the unit trust of india act, 52 of l undertaking includes all business, assets, liabilities and properties of the trust representing and relatable to the schemes and plans specified in the schedule ii m unit means a unit issued under a unit scheme made under section 21 of the unit trust of india act, 52 of .

section 7. of the unit trust of india transfer of undertaking and repeal act : 1 the central government shall, on and from the appointed day, appoint a person or a body of persons, as the administrator of the specified undertaking of the unit trust of india for the purpose of taking over the administration thereof and the administrator shall carry on the management of the specified undertaking of the trust for and on behalf of the central government. 2 the central government may issue such directions including directions as to initiating, defending or continuing any legal proceedings before any court, tribunal or other authority to the administrator as to his powers and functions as that government may deem desirable and the administrator may apply to the central government at any time for instructions as to the manner in which he shall conduct the management of the specified undertaking or in relation to any matter arising in the course of such management. 3 subject to the other provisions of this act and the schemes made thereunder and the control of the central government, the administrator shall be entitled, notwithstanding anything contained in any other law for the time being in force, to exercise, in relation to the management of the specified undertaking, the powers specified under section 10 including powers to dispose of any property or assets of such specified undertaking whether such powers are derived under any law for the time being in force. 4 every person having possession, custody or control of any property forming part of the specified undertaking of the trust shall deliver forthwith such property to the administrator. 5 any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the specified undertaking, including the minutes book containing the resolutions of the persons in charge of the management of the specified undertaking before the appointed day, the current cheque books relating to the specified undertaking, any letters, memoranda, notes or other communications between him and the trust so far they relate to the specified undertaking shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers and other documents including such minutes book, letters, memoranda, notes or other communications to the administrator. 6 any person in charge of the management of the specified undertaking immediately before the appointed day shall, within ten days from that day or within such further period as the central government may allow in this behalf, furnish to the administrator the complete inventory of all the properties and assets including particulars of bookdebts and investments and belongings forming part of the specified undertaking immediately before the appointed day and of all the liabilities and obligations of such specified undertaking, in relation to its administration, subsisting immediately before that day, and also of all agreements relating to specified undertaking entered into by the trust in relation to its administration and in force immediately before that day. . 7 the administrator shall receive from the funds of the specified undertaking such remuneration as the central government may fix.

section 3. of the unit trust of india transfer of undertaking and repeal act : 1 on the appointed day, the initial capital of the trust, contributed by the development bank, the life insurance corporation, the state bank and the subsidiary banks and other institutions under sections 4 and 4a of the unit trust of india act, 52 of , as it stood immediately before the commencement of this act, shall stand transferred to, and vest in, the central government. 2 the initial capital contributed by the development bank, the life insurance corporation, the state bank and the subsidiary banks and other institutions shall be refunded, by the central government, to such extent as may be determined by it, having regard to the book value, the assets and liabilities of the trust.

section 4. of the unit trust of india transfer of undertaking and repeal act : 1 on such date as the central government may, by notification in the official gazette, appoint, there shall be transferred to, and vest in, a the specified company, the undertaking excluding the specified undertaking of the trust for such consideration and on such terms and conditions as may be mutually agreed upon between the central government and the subscribers to the capital of the specified company b the administrator, the specified undertaking of the trust. 2 the decision of the central government, as to whether any business, assets, liabilities or properties represent or relate to the undertaking or specified undertaking, shall be final: provided that any business, asset or property which is not represented or related to the undertaking or specified undertaking, shall vest in the central government.

section 10. of the unit trust of india transfer of undertaking and repeal act : 1 subject to the provisions of this act and the scheme made thereunder, the administrator may, on the advice of the board of advisers, transact any of the following kinds of business in india in relation to the specified undertaking only, namely: a selling and purchasing units of the schemes specified in schedule i b investing in and acquiring, holding or disposing of securities and exercising and enforcing, all powers and rights incidental thereto including protection or realisation of such investment and the taking over of the administration of any property offered as security for such investment c granting of loans and advances upon the security of any movable or immovable property or otherwise d accepting, collecting, discounting, rediscounting, purchasing, selling or negotiating or otherwise dealing with, any bills of exchange, hundies, promissory notes, coupons, drafts, bill of lading, railway receipts, warehouse receipts, documents of title to goods, warrants, certificates, scrips and other mercantile instruments e purchasing, selling or issuing participation certificates in relation to any loan or advance granted by any public financial institution or scheduled bank or such other institution as may be specified by the central government f keeping money on deposit with companies or other bodies corporate, scheduled banks or such other institutions as may be specified by the central government g formulating in relation to any unit scheme specified in schedule i, i savings and life insurance plan or plans under which a person may acquire an interest in units in association with or as the agent of, the life insurance corporation of india or the central government, but not including the life insurance business ii savings and insurance plan or plans under which a person may acquire an interest in units in association with, or as the agent of, the general insurance corporation but not including the general insurance business or iii any other plan or plans, under which a person may acquire an interest in units h acquiring immovable property or any interest therein, the development including construction and sale of such property and the rendering of financial and other assistance to any person for the acquisition of any immovable property or any interest therein and for the development including construction of such property i providing leasing and hire purchase finance to persons, companies, and other bodies corporate j providing merchant banking and investment advisory services k extending investment or fund or port folio management services to persons resident outside india l opening of an account or the making of an agency arrangement with a bank incorporated outside india m buying or selling of or entering into such other dealings in, foreign exchange, as maybe necessary for the discharge of its functions n doing any other kind of business connected with mobilisation of savings or investments which the central government may authorise o generally doing all such acts and things as may be incidental to or consequential upon the discharge of its functions under this act. 2 the administrator shall, on and after the appointed day, neither formulate any new scheme nor issue any new unit, whether related to the undertaking or the specified undertaking or otherwise.

section 5. of the unit trust of india transfer of undertaking and repeal act : 1 the undertaking of the trust which is transferred to, and which vest in, the specified company or the specified undertaking of the trust, which is transferred to, and vest in, the administrator, as the case may be, under section 4, shall be deemed to include all business, assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal and incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, investments, shares, bonds, debentures, security, management of any industrial concern, loans, advances and guarantees given to industrial concerns, tenancies, leases and bookdebts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the trust in relation to the undertaking or the specified undertaking, as the case may be, within or without india, all books of account, registers, records and documents relating thereto and shall also be deemed to include all borrowings, liabilities, units issued and obligations of whatever kind within or without india then subsisting of the trust in relation to such undertaking or the specified undertaking, as the case may be. 2 all contracts, deeds, bonds, guarantees, powersofattorney, other instruments including all units issued and unit schemes formulated by the trust and working arrangements subsisting immediately before the appointed day and affecting the trust shall cease to have effect or to be enforceable against the trust and shall be of as full force and effect against or in favour of the specified company or the administrator, as the case may be, in which the undertaking or specified undertaking has vested by virtue of this act and enforceable as fully and effectually as if instead of the trust, the specified company or the administrator, as the case may be, had been named therein or had been a party thereto. 3 all unit schemes taken by the board of the trust immediately before the commencement of this act shall be deemed to have been taken by the specified company or the administrator, as the case may be, and all the units issued by the trust under such scheme shall be deemed to be the units issued by the specified company or the administrator, as the case may be, and the income on such units shall be distributed and such units shall be redeemed or purchased by them in the same manner as would have been done by the trust had the undertaking or the specified undertaking not been transferred under section 4. 4 any proceeding or cause of action pending or existing immediately before the appointed day by or against the trust may, as from the appointed day, be continued and enforced by or against the specified company or the administrator, as the case may be, in which the undertaking or specified undertaking has vested by virtue of this act as it might have been enforced by or against the trust if this act had not been enacted and shall cease to be enforceable by or against the trust.

section 13. of the unit trust of india transfer of undertaking and repeal act : 1 notwithstanding anything contained in the incometax act, 43 of or any other enactment for the time being in force relating to tax or income, profits or gains, no incometax or any other tax shall be payable by the administrator in relation to the specified undertaking 1for the period beginning on the appointed day and ending on the 231st day of march, in respect of any income, profits or gains derived, or any amount received in relation to the specified undertaking. 2 the transfer and vesting of the undertaking or the specified undertaking in terms of section 4 shall not be construed as a transfer within the meaning of the incometax act, 43 of for the purposes of capital gains. 1. subs. by act 18 of , s. 123, for for a period of five years computed from the appointed day w.e.f. . 2. subs. by act 13 of , s. 163, for the 31st day of march, w.e.f. .

section 6. of the unit trust of india transfer of undertaking and repeal act : 1 every officer or other employee of the trust except a trustee of the board, the chairman and executive trustee serving in the employment immediately before the appointed day shall become, as from the appointed day, an officer or, as the case may be, other employee of the specified company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the trust if its undertaking had not vested in the specified company and shall continue to do so as an officer or, as the case may be, other employee of the specified company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to continue to be the officer or other employee of the specified company within such period. 2 the administrator, in consultation with the specified company, may requisition, the services of such officers or other employees as it may deem fit, on such terms and conditions which may be mutually agreed upon between the administrator and the specified company. 3 where an officer or other employee of the trust opts under subsection 1 not to be in employment or service of the specified company, such officer or other employee shall be deemed to have resigned. 4 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee of the trust to the specified company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 5 the officers and other employees who have retired before the appointed day from the service of the trust and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the specified company. 6 the trust of the provident fund or the gratuity fund of the unit trust of india and any other bodies created for the welfare of officers or other employees would continue to discharge their functions in the specified company as was being done hitherto in the unit trust of india and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the specified company. 7 notwithstanding anything contained in this act or in the companies act, 1 of or in any other law for the time being in force or in the regulations of the unit trust of india, the chairman, the trustees, executive trustee or any other person entitled to manage the whole or substantial part of the business and affairs of the trust shall not been titled to any compensation against the trust for the loss of office or for the premature termination of any contract of management entered into by him with the trust.

section 14. of the unit trust of india transfer of undertaking and repeal act : notwithstanding anything contained in the indian stamp act, 2 of , the transfer and vesting of the undertaking and the specified undertaking in terms of section 4 shall not be liable to the payment of any stamp duty under that act.

section 9. of the unit trust of india transfer of undertaking and repeal act : 1 on such date as the central government may, by notification in the official gazette, appoint a board of advisers to advise and assist the administrator in carrying on the management of the specified undertaking. 2 the composition, term of office of the advisers, the fees and allowances and other conditions of appointment, disqualifications for being an adviser, filling up of casual vacancy in the office of the adviser, the meetings of the board of advisers, vacation and resignation of office of the advisers, shall be such as may be specified in the scheme made by the central government.

section 11. of the unit trust of india transfer of undertaking and repeal act : 1 the administrator shall maintain separate accounts of each of the specified undertaking asset possession whereof has been taken by him, and shall cause to be made therein entries of all receipts and expenditure in respect thereof. 2 the separate accounts under subsection 1 shall be maintained in such form and in such manner as may be specified by the central government. 3 the central government shall cause the accounts maintained under this section to be inspected and audited at such intervals and by such persons as may be specified by it.

section 12., to be deemed to have been granted to specified undertaking. of the unit trust of india transfer of undertaking and repeal act : with effect from the appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the trust in connection with the affairs and business of the specified undertaking of the trust under any law for the time being in force shall be deemed to have been granted in relation to the specified undertaking.

section 18. of the unit trust of india transfer of undertaking and repeal act : in every act, rule, regulation or notification in force on the appointed day, for the words unit trust of india, wherever they occur, the words, brackets and figures specified company referred to in the unit trust of india transfer of undertaking and repeal act, or administrator of the specified undertaking of the unit trust of india referred to in the unit trust of india transfer of undertaking and repeal act, , as the case may be, shall be substituted.

section 20. of the unit trust of india transfer of undertaking and repeal act : 1 the central government may, by notification in the official gazette, make a scheme for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely: a the manner in which the specified undertaking and schemes and assets and investments specified in schedule i shall be managed b the term of office of the advisers, the fee and allowances and other conditions of appointment of the advisers, disqualifications for being an adviser, filling up of casual vacancy in the office of adviser, the meetings of board of advisers, vacation and resignation of office of the advisers c the manner of payment of consideration for which the undertaking shall be transferred to the specified company d the assets representing and relatable to the undertaking and the specified undertaking and e such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this act. 3 every scheme made under subsection 1 shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.

section 16. of the unit trust of india transfer of undertaking and repeal act : no suit or other legal proceedings shall lie against the central government or the administrator, board of advisers or any of the officers or other employees of the central government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 21. of the unit trust of india transfer of undertaking and repeal act : 1 on the appointed day, the unit trust of india act, shall stand repealed and the board of trustees referred to in section 10 of the said act herein after referred to as the repealed act shall stand dissolved. 2 on the dissolution of the said board, the person appointed as the chairman of the board and every other person appointed as the trustee and executive trustee and holding office as such immediately before such date shall vacate their respective office. 3 notwithstanding such repeal, anything done or any action taken or purported to have been done or taken including any rule, regulation, notification, scheme, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any permission, authorisation or exemption granted or any document or instrument executed or any direction given under the act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act. 4 notwithstanding the repeal of the unit trust of india act, 52 of , the administrator shall, so far as may be, comply with the provisions of chapter vi of the act so repealed for any of the purposes related to the annual accounts and audit of the trust.

section 15. of the unit trust of india transfer of undertaking and repeal act : any guarantee given for or in favour of the trust with respect to any loan, lease, finance or other assistance shall continue to be operative in relation to the specified undertaking managed by the administrator.

section 17. of the unit trust of india transfer of undertaking and repeal act : notwithstanding anything contained in any other law for the time being in force, the shares, bonds, debentures and units of the specified undertaking shall be deemed to be approved securities for the purposes of the indian trusts act, 2 of , the insurance act, 4 of 1. 1. the words and figures and the banking regulation act, 10 of omitted by act 4 of , the schedule and s. 17

section 19. of the unit trust of india transfer of undertaking and repeal act : 1 the central government may, by notification in the official gazette, alter schedules i and ii. 2 every alteration made by the central government under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the alteration, or both houses agree that the alteration should not be made, the alteration shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that alteration.

section 22. of the unit trust of india transfer of undertaking and repeal act : the provisions of this act shall have effect notwithstanding anything in consistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 25. of the unit trust of india transfer of undertaking and repeal act : 1 the unit trust of india transfer of undertaking and repeal ordinance, 5of is hereby repealed. 2 notwithstanding the repeal of the unit trust of india transfer of undertaking and repeal ordinance, 5 of , anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 23. of the unit trust of india transfer of undertaking and repeal act : the provisions of this act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.

section 24. of the unit trust of india transfer of undertaking and repeal act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not in consistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the code of civil procedure : save as provided in sections 24, 38 to 41, 75, clauses a, b and c, 76,177, 157 and 158, and by the presidency small cause courts act, 15 of , the provisions in the body of this code shall not extend to any suit or proceeding in any court of small causes established in the towns of calcutta, madras and bombay : 2provided that 1 the high courts of judicature at fort william, madras and bombay, as the case may be, may from time to time, by notification in the official gazette, direct3 that any such provisions not inconsistent with the express provisions of the presidency small cause courts act, 15 of , and with such modifications and adaptations as may be specified in the notification, shall extend to suits or proceedings or any class of suits or proceedings in such court. 2 all rules heretofore made by any of the said high courts under section 9 of the presidency small cause courts act, 15 of shall be deemed to have been validly made. 1. subs. by act 104 of , s. 4, for 77 and 155 to 158 w.e.f. . 2. added by act 1 of , s. 2. 3. for instance of such direction, see calcutta gazette, , pt. i, p. 814.

section 1. of the code of civil procedure : 1this act may be cited as the code of civil procedure,. 2 it shall come into force on the first day of january, . 13 it extends to the whole of india except 2 b the state of nagaland and the tribal areas : provided that the state government concerned may, by notification in the official gazette, extend the provisions of this code or any of them to the whole or part of the state of nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification. explanation. in this clause, tribal areas means the territories which, immediately before the 21st day of january, , were included in the tribal areas of assam as referred to in paragraph 20 of the sixth schedule to the constitution. 4in relation to the amindivi islands, and the east godavari, west godavari and visakhapatnam agencies in the state of andhra pradesh and the union territory of lakshadweep, the application of this code shall be without prejudice to the application of any rule or regulation for the time being in force in such islands, agencies or such union territory, as the case may be, relating to the application of this code. 1. subs. by act 104 of , s. 2, for subsection 3 w.e.f. . 2. clause a omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the code of civil procedure : in this act, unless there is anything repugnant in the subject or context, 1 code includes rules 2 decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. it shall be deemed to include the rejection of a plaint and the determination of any question within 1 section 144, but shall not include a any adjudication from which an appeal lies as an appeal from an order, or b any order of dismissal for default. explanation.a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. it is final when such adjudication completely disposes of the suit. it may be partly preliminary and partly final 3 decreeholder means any person in whose favour a decree has been passed or an order capable of execution has been made 4 district means the local limits of the jurisdiction of a principal civil court of original jurisdiction hereinafter called a district court, and includes the local limits of the ordinary original civil jurisdiction of a high court 25 foreign court means a court situate outside india and not established or continued by the authority of the central government 6 foreign judgment means the judgment of a foreign court 7 government pleader includes any officer appointed by the state government to perform all or any of the functions expressly imposed by this code on the government pleader and also any pleader acting under the directions of the government pleader 7a high court in relation to the andaman and nicobar islands, means the high court in calcutta 7b india, except in sections 1, 29, 43, 44, 4 44a, 78, 79, 82, 83 and 87a, means the territory of india excluding the state of jammu and kashmir 8 judge means the presiding officer of a civil court 9 judgment means the statement given by the judge of the grounds of a decree or order 10 judgmentdebtor means any person against whom a decree has been passed or an order capable of execution has been made 11 legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or issued in a representative character the person on whom the estate devolves on the death of the party so suing or sued 12 mesne profits of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession 13 movable property includes growing crops 14 order means the formal expression of any decision of a civil court which is not a decree 15 pleader means any person entitled to appear and plead for another in court, and includes an advocate, a vakil and an attorney of a high court 16 prescribed means prescribed by rules 17 public officer means a person falling under any of the following descriptions, namely: a every judge b every member of 5 an allindia service c every commissioned or gazetted officer in the military 6 naval or air forces of7 the union 8 while serving under the government d every officer of a court of justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the court, and every person especially authorised by a court of justice to perform any of such duties e every person who holds any office by virtue of which he is empowered to place or keep any person in confinement f every officer of the government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience g every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the government, or to make any survey, assessment or contract on behalf of the government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the government, or to make, authenticate or keep any document relating to the pecuniary interests of the government, or to prevent the infraction of any law for the protection of the pecuniary interests of the government and h every officer in the service or pay of the government, or remunerated by fees or commission for the performance of any public duty 18 rules means rules and forms contained in the first schedule or made under section 122 or section 125 19 share in a corporation shall be deemed to include stock, debenture stock, debentures or bonds and 20 signed, save in the case of a judgment or decree, includes stamped. 9 1. the words and figures section 47 or omitted by s. 3, ibid., w.e.f. . 2. subs. by act 2 of , s. 4 for clause 5. 3. ins. by s. 4 ibidw.e.f. . 4. ins. by act 42 of , s. 4 and the third schedule. 5. subs. by act 104 of , s. 3, for the indian civil service w.e.f. . 6. subs. by act 35 of , s. 2 and the sch., for or naval. 7. subs. by the a.o. , for his majesty. 8. the words including his majestys indian marine service omitted by act 35 of , s. 2 and the schedule. 9. clause 21 omitted by act 2 of , s. 4 earlier clause 21 ins. by the a.o. .

section 7. of the code of civil procedure : the following provisions shall not extend to courts constituted under the provincial small cause courts act, 9 of 1 or under the berar small cause courts law, , or to courts exercising the jurisdiction of a court of small causes 2under the said act or law, 3or to courts in 4any part of india to which the said act does not extend exercising a a corresponding jurisdiction that is to say. a so much of the body of the code as relates to i suits excepted from the cognizance of a court of small causes ii the execution of decrees in such suits iii the execution of decrees against immovable property and b the following sections, that is to say, section 9, sections 91 and 92, sections 94 and 95 5 so far as they authorize or relate to i orders for the attachment of immovable property, ii injunctions, iii the appointment of a receiver of immovable property, or iv the interlocutory orders to in clause e of section 94, and sections 96 to 112 and 115. 1. ins. by act 4 of , s. 2 and the third schedule. 2. subs. by s. 2 and the third schedule., ibid., for under that act. 3. ins. by act 2 of , s. 5. 4. subs. by the adaptation of laws no. 2 order, , for part b states. 5. subs. by act 1 of , s. 3, for so far as they relate to injuctions and interlocutory orders.

section 4. of the code of civil procedure : 1 in the absence of any specific provision to the contrary, nothing in this code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force. 2 in particular and without prejudice to the generality of the proposition contained in subsection1, nothing in this code shall be deemed to limit or otherwise affect any remedy which a landholder or landlord may have under any law for the time being in force for the recovery of rent of agricultural land from the produce of such land.

section 5. of the code of civil procedure : 1 where any revenue courts are governed by the provisions of this code in those matters of procedure upon which any special enactment applicable to them is silent, the state government 1 may, by notification in the official gazette, declare that any portions of those provisions which are not expressly made applicable by this code shall not apply to those courts, or shall only apply to them with such modifications as the state government 2 may prescribe. 2 revenue court in subsection 1 means a court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but does not include a civil court having original jurisdiction under this code to try such suits or proceedings as being suits or proceedings of a civil nature. 1. the words with the previous sanction of the g.g. in c, omitted by act 38 of , s. 2 and the first schedule pt. i. 2. the words with the sanction aforesaid omitted by s. 2 and the first schedule., pt. i, ibid.

section 9. of the code of civil procedure : the courts shall subject to the provisions herein contained have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. 1explanation i.a suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies. 2explanation ii.for the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in explanation i or whether or not such office is attached to a particular place. state amendments maharashtra. section 9a of the code of civil procedure, , in its application to the state of maharashtra hereinafter referred to as the principal act, shall be deleted. vide maharashtra act 61 of , sec. 2. notwithstanding the deletion of section 9a of the principal act, 1 where consideration of a preliminary issue framed under section 9a is pending on the date of commencement of the code of civil procedure maharashtra amendment act, hereinafter, in this section, referred to as the amendment act, the said issue shall be deemed to be an issue framed under order xiv of the principal act and shall be decided by the court, as it deems fit, along with all other issues, at the time of final disposal of the suit itself : provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so framed under section 9a, shall be considered by the court along with evidence, if any, led on other issues in the suit, at the time of final disposal of the suit itself 2 in all the cases, where a preliminary issue framed under section 9a has been decided, holding that the court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a revisional court, on the date of commencement of the amendment act, such revisional proceedings shall stand abated : provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as if it had been included in such memorandum 3 in all cases, where a preliminary issue framed under section 9a has been decided, holding that the court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an appellate or revisional court, on the date of commencement of the amendment act, such appellate or revisional proceedings shall continue as if the amendment act has not been enacted and section 9a has not been deleted : provided that, in case the appellate or revisional court, while partly allowing such appeal or revision, remands the matter to the trial court for reconsideration of the preliminary issue so framed under section 9a, upon receipt of these proceedings by the trial court, all the provisions of the principal act shall apply 4 in all cases, where an order granting an adinterim relief has been passed under subsection 2 of section 9a prior to its deletion, such order shall be deemed to be an adinterim order made under order xxxix of the principal act and the court shall, at the time of deciding the application in which such an order is made, either confirm or vacate or modify such order. vide maharashtra act 61 of , sec. 3. maharashtra. in section 3 of the code of civil procedure maharashtra amendment act, , for clause 1, the following clause shall be substituted and shall be deemed to have been substituted with effect from 27th june , being the date of commencement of the said act, namely: 1 where consideration of a preliminary issue framed under section 9a is pending on the date of commencement of the code of civil procedure maharashtra amendment act, hereinafter, in this section, referred to as the amendment act, the said issue shall be decided and disposed of by the court under section 9a, as if the said section 9a has not been deleted. vide maharashtra act 72 of , sec. 2, w.e.f. . 1. explanation renumbered as explanation i thereof by act 104 of , s. 5 w.e.f. . 2. ins. by s. 5, ibid., w.e.f. .

section 6. of the code of civil procedure : save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over suits the amount or value of the subjectmatter of which exceeds the pecuniary limits if any of its ordinary jurisdiction.

section 3. of the code of civil procedure : for the purposes of this code, the district court is subordinate to the high court, and every civil court of a grade inferior to that of a district court and every court of small causes is subordinate to the high court and district court.

section 15. of the code of civil procedure : every suit shall be instituted in the court of the lowest grade competent to try it.

section 10. of the code of civil procedure : no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in 1india have jurisdiction to grant the relief claimed, or in any court beyond the limits of 1india established or continued by 2the central government 3 . and having like jurisdiction, or before 4the supreme court. explanation.the pendency of a suit in a foreign court does not preclude the courts in 1india from trying a suit founded on the same cause of action. 1. subs. by act 2 of , s. 3, for the states. 2. subs. by the a.o. , the g.g. in c. 3. the words or the crown representative omitted by the a.o. . 4. subs. by the a.o. , for his majesty in council.

section 11. of the code of civil procedure : no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court. explanation i. the expression former suit shall denote a suit which has been decided prior to a suit in question whether or not it was instituted prior thereto. explanation ii. for the purposes of this section, the competence of a court shall be determined irrespective of any provisions as to a right of appeal from the decision of such court. explanation iii.the matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. explanation iv. any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. explanation v. any relief claimed in the plaint, which is not expressly granted by the decree, shall for the purposes of this section, be deemed to have been refused. explanation vi. where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating . 1explanation vii. the provisions of this section shall apply to a proceeding for the execution of a decree and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the execution of that decree. explanation viii. an issue heard and finally decided by a court of limited jurisdiction, competent to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such court of limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been subsequently raised. 1. ins. by act 104 of , s. 6 w.e.f. .

section 16. of the code of civil procedure : subject to the pecuniary or other limitations prescribed by any law, suits a for the recovery of immovable property with or without rent or profits, b for the partition of immovable property, c for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property, d or the determination of any other right to or interest in immovable property, e for compensation for wrong to immovable property, f for the recovery of movable property actually under distraint or attachment, shall be instituted in the court within the local limits of whose jurisdiction the property is situate: provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the court within the local limits of whose jurisdiction the property is situate, or in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain. explanation. in this section property means property situate in 1india. 1. subs. by act 2 of , s. 3 for the states w.e.f. .

section 12. of the code of civil procedure : where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any court to which this code applies.

section 13. of the code of civil procedure : a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except a where it has not been pronounced by a court of competent jurisdiction b where it has not been given on the merits of the case c where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of 1 india in cases in which such law is applicable d where the proceedings in which the judgment was obtained are opposed to natural justice e where it has been obtained by fraud f where it sustains a claim founded on a breach of any law in force in 1 india. 1. subs. by act 2 of , s. 3, for the states w.e.f. .

section 14. of the code of civil procedure : the court shall presume upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a court of competent jurisdiction, unless the contrary appears on the record but such presumption may be displaced by proving want of jurisdiction.

section 17. of the code of civil procedure : where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts. the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate : provided that, in respect of the value of the subjectmatter of the suit, the entire claim is cognizable by such court.

section 18. of the code of civil procedure : 1 where it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more courts any immovable property is situate, any one of those courts may, if satisfied that there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if the property were situate within the local limits of its jurisdiction: provided that the suit is one with respect to which the court is competent as regards the nature and value of the suit to exercise jurisdiction. 2 where a statement has not been recorded under subsection 1, and an objection is taken before an appellate or revisional court that a decree or order in a suit relating to such property was made by a court not having jurisdiction where the property is situate, the appellate or revisional court shall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a consequent failure of justice.

section 19. of the code of civil procedure : where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of another court, the suit may be instituted at the option of the plaintiff in either of the said courts. illustrations a a, residing in delhi, beats b in calcutta. b may sue a either in calcutta or in delhi. b a, residing in delhi, publishes in calcutta statements defamatory of b. b may sue a either in calcutta or in delhi.

section 24. of the code of civil procedure : 1 on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the high court or the district court may at any stage a transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same, or b withdraw any suit, appeal or other proceeding pending in any court subordinate to it, and i try or dispose of the same or ii transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same or iii retransfer the same for trial or disposal to the court from which it was withdrawn. 2 where any suit or proceeding has been transferred or withdrawn under subsection 1, the court which 1is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. 23 for the purposes of this section, a courts of additional and assistant judges shall be deemed to be subordinate to the district court b proceeding includes a proceeding for the execution of a decree or order. 4 the court trying any suit transferred or withdrawn under this section from a court of small causes shall, for the purposes of such suit, be deemed to be a court of small causes. 35 a suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it. 1. subs. by act 104 of , s. 10, for thereafter tries such suit w.e.f. . 2. subs. by s. 10, ibid., for subsection 3 w.e.f. . 3. ins. by s. 10, ibid, w.e.f. .

section 20. of the code of civil procedure : subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits of whose jurisdiction a the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain or b any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the court is given, or the defendants who do not reside, or carry on business, or personally works for gain, as aforesaid, acquiesce in such institution or cthe cause of action, wholly or in part, arises. 1 2explanation. a corporation shall be deemed to carry on business at its sole or principal office in 3 india or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. illustrations a a is a tradesman in calcutta, b carries on business in delhi. b, by his agent in calcutta, buys goods of a and requests a to deliver them to the east indian railway company. a delivers the goods accordingly in calcutta. a may sue b for the price of the goods either in calcutta, where the cause of action has arisen, or in delhi, where b carries on busines. b a resides at simla, b at calcutta and c at delhi. a, b and c being together at benaras, b and c make a joint promissory note payable on demand, and deliver it to a. a may sue b and c at benaras, where the cause of action arose. he may also sue them at calcutta, where b resides, or at delhi, where c resides but in each of these cases, if the nonresident defendant objects, the suit cannot proceed without the leave of the court. 1. explanation 1 omitted by act 104 of , s. 7 w.e.f. . 2. subs. by s. 7, ibid., for explanation ii w.e.f. . 3. subs. by act 2 of , s. 3 for the states w.e.f. .

section 21. of the code of civil procedure : 11 no objection as to the place of suing shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice. 22 no objection as to the competence of a court with reference to the pecuniary limits of its jurisdiction shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice. 3 no objection as to the competence of the executing court with reference to the local limits of its jurisdiction shall be allowed by any appellate or revisional court unless such objection was taken in the executing court at the earliest possible opportunity, and unless there has been a consequent failure of justice. 1. s. 21 renumbered as subsection 1 by act 104 of , s. 8 w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 21a. of the code of civil procedure : 121a. bar on suit to set aside decree on objection as to place of suing. no suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place of suing. explanation. the expression former suit means a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned. 1. ins by s. 9, ibid. w.e.f. .

section 22. of the code of civil procedure : where a suit may be instituted in any one of two or more courts and is instituted in one of such courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another court, and the court to which such application is made, after considering the objections of the other parties if any, shall determine in which of the several courts having jurisdiction the suit shall proceed.

section 25. of the code of civil procedure : 125. power of supreme court to transfer suits, etc.1 on the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the supreme court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a high court or other civil court in one state to a high court or other civil court in another state. 2 every application under this section shall be made by a motion which shall be supported by an affidavit. 3 the court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. 4 in dismissing any application under this section, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case. 5 the law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding. 1. subs. by s. 11, ibid., for s. 25 w.e.f. .

section 23. of the code of civil procedure : i where the several courts having jurisdiction are subordinate to the same appellate court, an application under section 22 shall be made to the appellate court. 2 where such courts are subordinate to different appellate courts but to the same high court, the application shall be made to the said high court. 3 where such courts are subordinate to different high courts, the application shall be made to the high court within the local limits of whose jurisdiction the court in which the suit is brought is situate.

section 26. of the code of civil procedure : 11 every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. 22 in every plaint, facts shall be proved by affidavit. provided that such an affidavit shall be in the form and manner as prescribed under order vi of rule 15a. 1. s. 26 renumbered as subsection 1 by act 46 of , s. 2 w.e.f. . 2. ins by s. 3, ibid., w.e.f. . shall be applicable to commercial disputes of a specified value by act 4 of , s. 16 and the schedule w.e.f. .

section 33. of the code of civil procedure : the court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

section 27. of the code of civil procedure : where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed 1 on such day not beyond thirty days from date of the institution of the suit. 1. ins by s. 3, ibid. w.e.f. .

section 28. of the code of civil procedure : 1 a summons may be sent for service in another state to such court and in such manner as may be prescribed by rules in force in that state. 2 the court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such court and shall then return the summons to the court of issue together with the record if any of its proceedings with regard thereto. 13 where the language of the summons sent for service in another state is different from the language of the record referred to in subsection 2, a translation of the record, a in hindi, where the language of the court issuing the summons is hindi, or b in hindi or english where the language of such record is other than hindi or english, shall also be sent together with the record sent under that subsection. 1. ins. by act 104 of , s. 12 w.e.f. .

section 34. of the code of civil procedure : 1 where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, 1 with further interest at such rate not exceeding six per cent. per annum as the court deems reasonable on such principal sum, from the date of the decree to the date of payment, or to such earlier date as the court thinks fit : 2provided that where the liability in relation to the sum so adjudged had arisen out of a commercial transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. explanation i.in this subsection, nationalised bank means a corresponding new bank as defined in the banking companies acquisition and transfer of undertakings act, 5 of . explanation ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability. 2 where such a decree is silent with respect to the payment of further interest 3on such principal sum from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. 1. subs. by act 66 of , s. 2, for certain words. 2. ins. by act 104 of , s. 13 w.e.f. . 3. subs. by act 66 of , s. 2, for on such aggregate sum as aforesaid w.e.f. .

section 30. of the code of civil procedure : subject to such conditions and limitations as may be prescribed, the court may, at any time, either of its own motion or on the application of any party, a make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence b issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid c order any fact to be proved by affidavit.

section 31. of the code of civil procedure : the provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

section 29. of the code of civil procedure : 129. service of foreign summonses. summonses and other processes issued by a any civil or revenue court established in any part of india to which the provisions of this code do not extend, or b any civil or revenue court established or continued by the authority of the central government outside india, or c any other civil or revenue court outside india to which the central government has, by notification in the official gazette, declared the provisions of this section to apply, may be sent to the courts in the territories to which this code extends, and served as if they were summonses issued by such courts. 1. subs. by act 2 of , s. 6, for section 29 w.e.f. .

section 32. of the code of civil procedure : the court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may a issue a warrant for his arrest b attach and sell his property c impose a fine upon him 1 not exceeding five thousand rupees d order him to furnish security for his appearance and in default commit him to the civil prison. 1. subs. by act 46 of , s. 4, for not exceeding five thousand rupees w.e.f. .

section 35b. of the code of civil procedure : 135b. costs for causing delay. 1 if, on any date fixed for the hearing of a suit or for taking any step therein, a party to the suit a fails to take the step which he was required by or under this code to take on that date, or b obtains an adjournment for taking such step or for producing evidence or on any other ground, the court may, for reasons to be recorded, make an order requiring such party to pay to the other party such costs as would, in the opinion of the court, be reasonably sufficient to reimburse the other party in respect of the expenses incurred by him in attending the court on that date, and payment of such costs, on the date next following the date of such order, shall be a condition precedent to the further prosecution of a the suit by the plaintiff, where the plaintiff was ordered to pay such costs, b the defence by the defendant, where the defendant was ordered to pay such costs. explanation. where separate defences have been raised by the defendant or groups of defendants, payment of such costs shall be a condition precedent to the further prosecution of the defence by such defendants or groups of defendants as have been ordered by the court to pay such costs. 2 the costs, ordered to be paid under subsection 1, shall not, if paid, be included in the costs awarded in the decree passed in the suit but, if such costs are not paid, a separate order shall be drawn up indicating the amount of such costs and the names and addresses of the persons by whom such costs are payable and the order so drawn up shall be executable against such persons. 1. ins. by act 104 of , s. 15 w.e.f. .

section 40. of the code of civil procedure : where a decree is sent for execution in another state, it shall be sent to such court and executed in such manner as may be prescribed by rules in force in that state.

section 35. of the code of civil procedure : 1 subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of an incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. the fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. 2 where the court directs that any costs shall not follow the event, the court shall state its reasons in writing. 1 35. costs.1 in relation to any commercial dispute, the court, notwithstanding anything contained in any other law for the time being in force or rule, has the discretion to determine: a whether costs are payable by one party to another b the quantum of those costs and c when they are to be paid. explanation. for the purpose of clause a, the expression costs shall mean reasonable costs relating to i the fees and expenses of the witnesses incurred ii legal fees and expenses incurred iii any other expenses incurred in connection with the proceedings. 2 if the court decides to make an order for payment of costs, the general rule is that the unsuccessful party shall be ordered to pay the costs of the successful party: provided that the court may make an order deviating from the general rule for reasons to be recorded in writing. illustration the plaintiff, in his suit, seeks a money decree for breach of contract, and damages. the court holds that the plaintiff is entitled to the money decree. however, it returns a finding that the claim for damages is frivolous and vexatious. in such circumstances the court may impose costs on the plaintiff, despite the plaintiff being the successful party, for having raised frivolous claims for damages. 3 in making an order for the payment of costs, the court shall have regard to the following circumstances, including a the conduct of the parties b whether a party has succeeded on part of its case, even if that party has not been wholly successful c whether the party had made a frivolous counterclaim leading to delay in the disposal of the case d whether any reasonable offer to settle is made by a party and unreasonably refused by the other party and e whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of the court. 4 the orders which the court may make under this provision include an order that a party must pay a a proportion of another partys costs b a stated amount in respect of another partys costs c costs from or until a certain date d costs incurred before proceedings have begun e costs relating to particular steps taken in the proceedings f costs relating to a distinct part of the proceedings and g interest on costs from or until a certain date. state amendments jammu and kashmir and ladakh uts. in section 35, in subsection 1 omit commercial. vide the jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subsection 3 omitted by act 66 of , s. 3 w.e.f. . . shall be applicable to commercial disputes of a specified value by act 4 of , s. 16 and the schedule w.e.f. .

section 35a. of the code of civil procedure : 135a. compensatory costs in respect of false or vexatious claims or defences. 1 if in any suit or other proceedings 2including an execution proceeding but 3excluding an appeal or a revision any party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole or in part, the court, 4if it so thinks fit, may, after recording its reasons for holding such claim or defence to be false or vexatious, make an order for the payment to the object or by the party by whom such claim or defence has been put forward, of cost by way of compensation. 2 no court shall make any such order for the payment of an amount exceeding 5three thousand rupees or exceeding the limits of its pecuniary jurisdiction, whichever amount is less: provided that where the pecuniary limits of the jurisdiction of any court excercising the jurisdiction of a court of small causes under the provincial small cause courts act, 9 of , 6or under a corresponding law in force in 7any part of india to which the said act does not extend and not being a court constituted 8under such act or law, are less than two hundred and fifty rupees, the high court may empower such court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not exceeding those limits by more than one hundred rupees : provided, further, that the high court may limit the amount which any court or class of courts is empowered to award as costs under this section. 3 no person against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of any claim or defence made by him. 4 the amount of any compensation awarded under this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation in respect of such claim or defence. state amendments jammu and kashmir and ladakh uts. in section 35a, omit subsection 2. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. section 35a ins. by act 9 of , s. 2, which, under section 12 thereof may be brought into force in any state by the state government on any specified date. it has been so brought into force in bombay, bengal, u.p., punjab, bihar, c.p., assam, orissa and madras. 2. subs. by act 66 of , s. 4, not being an appeal w.e.f. . 3. subs. by act 104 of , s. 14, for excluding an appeal w.e.f. . 4. subs. by act 66 of , s. 4, for certain words w.e.f. . 5. subs. by act 104 of , s. 14, for one thousand rupees w.e.f. . 6. ins. by act 2 of , s. 7. 7. subs. by the adaptation of laws no. 2 order, , for a part b state . 8. subs. by act 2 of , s. 7, for under that act w.e.f. . . shall be applicable to commercial disputes of a specified value by act 4 of , s. 16 and the schedule w.e.f. .

section 41. of the code of civil procedure : the court to which a decree is sent for execution shall certify to the court which passed it the fact of such execution, or where the former court fails to execute the same the circumstances attending such failure.

section 36. of the code of civil procedure : 136. application to orders. the provisions of this code relating to the execution of decrees including provisions relating to payment under a decree shall, so far as they are applicable, be deemed to apply to the execution of orders including payment under an order. 1. subs. by s. 16, ibid., for section 36 w.e.f. .

section 37. of the code of civil procedure : the expression court which passed a decree, or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, be deemed to include, a where the decree to be executed has been passed in the exercise of appellate jurisdiction, the court of first instance, and b where the court of first instance has ceased to exist or to have jurisdiction to execute it, the court which, if the suit wherein the decree was passed was instituted at the time of making the application for the execution of the decree, would have jurisdiction to try such suit. 1explanation. the court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that court to the jurisdiction of any other court but, in every such case, such other court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit. 1. ins. by s. 17, ibid., w.e.f. .

section 38. of the code of civil procedure : a decree may be executed either by the court which passed it, or by the court to which it is sent for execution.

section 39. of the code of civil procedure : 1 the court which passed a decree may, on the application of the decreeholder, send it for execution to another court 1 of competent jurisdiction, a if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of such other court, or b if such person has not property within the local limits of the jurisdiction of the court which passed the decree sufficient to satisfy such decree and has property within the local limits of the jurisdiction of such other court, or c if the decree directs the sale or delivery of immovable property situate outside the local limits of the jurisdiction of the court which passed it, or d if the court which passed the decree considers for any other reason, which it shall record in writing, that the decree should be executed by such other court. 2 the court which passed a decree may of its own motion send it for execution to any subordinate court of competent jurisdiction. 13 for the purposes of this section, a court shall be deemed to be a court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such court would have jurisdiction to try the suit in which such decree was passed. 24 nothing in this section shall be deemed to authorise the court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction. 1. ins. by s. 18, ibid., w.e.f. . 2. ins. by act 22 of , s. 2 w.e.f. .

section 42. of the code of civil procedure : 11 the court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. all persons is disobeying or obstructing the execution of the decree shall be punishable by such court in the same manner as if it had passed the decree. and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had passed by itself. 22 without prejudice to the generality of the provisions of subsection 1, the powers of the court under that subsection shall include the following powers of the court which passed the decree, namely: a power to send the decree for execution to another court under section 39 b power to execute the decree against the legal representative of the deceased judgmentdebtor under section 50 c power to order attachment of a decree. 3 a court passing an order in exercise of the powers specified in subsection 2 shall send a copy thereof to the court which passed the decree. 4 nothing in this section shall be deemed to confer on the court to which a decree is sent for execution any of the following powers, namely: a power to order execution at the instance of the transferee of the decree b in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause b,or clause c, of subrule 1 of rule 50 of order xxi. state amendment uttar pradesh substitution of new section for section 42 of act v of .for section 42 of the code of civil procedure, , as amended in its application to uttar pradesh hereinafter referred to as the said code the following section shall be substituted and be deemed to have been substituted with affect from december 2, , namely : 42. power of court in executing transferred decree. 1 the court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. all persons disobeying or obstructing the execution of the decree shall be punishable by such court in the same manner as if it had passed the decree, and its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. 2 without prejudice to the generality of the provisions of sub section 1, the powers of the court under that subsection shall include the following powers of the court which passed the decree, namely a power to send the decree for execution to another court under section 39 b power to execute the decree against the legal representative of the deceased judgmentdebtor under section 50 c power to order attachment of a decree d power to decide any question relating to the bar of limitation to the executability of the decree e power to record payment or adjustment under rule 2 of order xxi f power to order stay of execution under rule 29 of order xxi g in the case of a decree passed against a firm, power to grant leave to execute such decree against any person other than a person as is referred to in clause b or clause c of subrule 1 of rule 50 of order xxi. 3 a court passing an order in exercise of the powers specified in subsection 2 shall send a copy thereof to the court which passed the decree. 4 nothing in this section shall be deemed to confer on the court to which a decree is sent for execution, the power to order execution at the instance of the transferee of a decree. vide uttar pradesh act 14 of , s. 2 1. s. 42 renumbered as subsection 1 of that section by act 104 of , s. 19, w.e.f. . 2. ins. by s. 19, ibid., w.e.f. .

section 43. of the code of civil procedure : 143. execution of decrees passed by civil courts in places to which this code does not extend. any decree passed by any civil court established in any part of india to which the provisions of this code do not extend, or by any court established or continued by the authority of the central government outside india, may, if it cannot be executed within the jurisdiction of the court by which it was passed, be executed in the manner herein provided within the jurisdiction of any court in the territories to which this code extends. 1. subs. by act 2 of , s. 8, for section 43.

section 44. of the code of civil procedure : 144. execution of decrees passed by revenue courts in places to which this code does not extend. the state government may, by notification in the official gazette, declare that the decrees of any revenue court in any part of india to which the provisions of this code do not extend, or any class of such decrees, may be executed in the state as if they had been passed by courts in that state. 1. subs. by s. 9, ibid., for section 44 w.e.f. .

section 44a. of the code of civil procedure : 144a. execution of decrees passed by courts in reciprocating territory.1 where a certified copy of a decree of any of the superior courts of 2 any reciprocating territory has been filed in a district court, the decree may be executed in 3 india as if it had been passed by the district court. 2 together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. 3 the provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a district court executing a decree under this section, and the district court shall refuse execution of any such decree, if it is shown to the satisfaction of the court that the decree falls within any of the exceptions specified in clauses a to f of section 13. 4explanation 1. reciprocating territory means any country or territory outside india which the central government may, by notification in the official gazette, declare to be a reciprocating territory for the purposes of this section and superior courts, with reference to any such territory, means such courts as may be specified in the said notification. explanation 2. decree with reference to a superior court means any decree or judgment of such court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration award, even if such an award is enforceable as a decree or judgment. 1. ins. by act 8 of , s. 2. 2. the words the united kingdom or omitted by act 71 of , s. 2. 3. subs. by act 2 of , s. 3, for the states w.e.f. . 4. subs. by act 71 of , s. 2, for explanations 1 to 3.

section 48.. of the code of civil procedure : execution barred in certain cases. rep. by the limitation act, 36 of , s. 28 w.e.f.11 . state amendment. rajasthan. insertion of new section 48 a. after section 48 of the code of civil procedure, central act v of , in its application thereof to the state of rajasthan, the following new section shall be, and be deemed always to have been inserted, namely: 48a varied application of section 48. for the purposes of the application of section 48 to the state of rajasthan i a decree, made before the twentyfifth day of january, , in those parts of rajasthan where a corresponding provision did not then exist, shall, unless it shall have become timebarred or otherwise infructuous before the said day in accordance with any law then prevailing in those parts, be deemed to have been made on the said day, and ii where a decree might have been made before the twentyfifth day of january, in those parts of rajasthan where a corresponding provision then existed, with a period longer than twelve years provided therein such longer period or the period of twelve years form the said day whichever expires first shall be the period after which, according to section 48, no order for execution shall be made. vide rajasthan act xx of , s. 2.

section 45. of the code of civil procedure : 145. execution of decrees outside india. so much of the foregoing sections of this part as empowers a court to send a decree for execution to another court shall be construed as empowering a court in any state to send a decree for execution to any court established 2 by the authority of the central government 3 outside india to which the state government has by notification in the official gazette declared this section to apply. 1. subs. by the a.o. , for s. 45. 2. the words or continued omitted by the a.o. . 3. subs. by the a.o. , for in any indian state.

section 46. of the code of civil procedure : 1 upon the application of the decreeholder the court which passed the decree may. whenever it thinks fit, issue a precept to any other court which would be competent to execute such decree to attach any property belonging to the judgmentdebtor and specified in the precept. 2 the court to which a precept is sent shall proceed to attach the property in the manner prescribed in regard to the attachment of property in execution of a decree: provided that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the court which passed the decree or unless before the determination of such attachment the decree has been transferred to the court by which the attachment has been made and the decreeholder has applied for an order for the sale of such property.

section 47. of the code of civil procedure : 1 all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit. 1 3 where a question arises as to whether any person is or is not the representative of a party, such question shall, for the purposes of this section, be determined by the court. 2explanation 1. for the purposes of this section, a plaintiff whose suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit. explanation ii. a for the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed and b all questions relating to the delivery of possession of such property to such purchaser or his representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the meaning of this section. 1. subsection 2 omitted by act 104 of , s. 20 w.e.f. . 2. subs. by s. 20, ibid, for the explanation w.e.f. .

section 49. of the code of civil procedure : every transferee of a decree shall hold the same subject to the equities if any which the judgmentdebtor might have enforced against the original decreeholder.

section 50. of the code of civil procedure : 1 where a judgmentdebtor dies before the decree has been fully satisfied, the holder of the decree may apply to the court which passed it to execute the same against the legal representative of the deceased. 2 where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of and, for the purpose of ascertaining such liability, the court executing the decree may, of its own motion or on the application of the decreeholder, compel such legal representative to produce such accounts as it thinks fit.

section 56. of the code of civil procedure : notwithstanding anything in this part, the court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

section 51. of the code of civil procedure : subject to such conditions and limitations as may be prescribed, the court may, on the application of the decreeholder, order execution of the decree a by delivery of any property specifically decreed b by attachment and sale or by the sale without attachment of any property c by arrest and detention in prison 1for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section d by appointing a receiver or e in such other manner as the nature of the relief granted may require : 2provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgmentdebtor an opportunity of showing cause why he should not be committed to prison, the court, for reasons recorded in writing, is satisfied a that the judgmentdebtor, with the object or effect of obstructing or delaying the execution of the decree, i is likely to abscond or leave the local limits of the jurisdiction of the court, or ii has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or b that the judgmentdebtor has, or has had since the date of the decree. the means to pay the amount of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same, or c that the decree is for a sum for which the judgmentdebtor was bound in a fiduciary capacity to account. explanation. in the calculation of the means of the judgmentdebtor for the purposes of clause b, there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force, is exempt from attachment in execution of the decree. 1. ins. by ibid, s. 21, w.e.f. . 2. ins. by act 21 of , s. 2.

section 52. of the code of civil procedure : 1 where a decree is passed against a party as the legal representative of a deceased person, and the decree is for the payment of money out of the property of the deceased, it may be executed by the attachment and sale of any such property. 2 where no such property remains in the possession of the judgmentdebtor and he fails to satisfy the court that he has duly applied such property of the deceased as is proved to have come into his possession, the decree may be executed against the judgmentdebtor to the extent of the property in respect of which he has failed so to satisfy the court in the same manner as if the decree had been against him personally.

section 57. of the code of civil procedure : the state government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgmentdebtors.

section 58. of the code of civil procedure : 1 every person detained in the civil prison in execution of a decree shall be so detained, a where the decree is for the payment of a sum of money exceeding 1 2 five thousand rupees, for a period not exceeding three months, and, 3b where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks. 41a for the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed 5 two thousand rupees. 2 a judgmentdebtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be rearrested under the decree in execution of which he was detained in the civil prison. 1. subs. by act 104 of , s. 22, for certain words w.e.f. . 2. subs. by act 46 of , s. 5, one thousand rupees w.e.f. . 3. subs. by s. 5, ibid., by clause b w.e.f. . 4. ins. by act 104 of , s. 22 w.e.f. . 5. subs. by act 46 of , s. 5, five hundred rupees w.e.f. .

section 53. of the code of civil procedure : for the purposes of section 50 and section 52, property in the hands of a son or other descendant which is liable under hindu law for the payment of the debt of a deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which has come to the hands of the son or other descendant as his legal representative.

section 55. of the code of civil procedure : 1 a judgmentdebtor may be arrested in execution of a decree at, any hour and on any day, and shall, as soon as practicable, be brought before the court, and his detention may be in the civil prison of the district in which the court ordering the detention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the state government may appoint for the detention of persons ordered by the courts of such district to be detained: provided, firstly that, for the purpose of making an arrest under this section, no dwellinghouse shall be entered after sunset and before sunrise: provided, secondly, that no outer door of a dwellinghouse shall be broken open unless such dwellinghouse is in the occupancy of the judgmentdebtor and he refuses or in any way prevents access thereto, but when the officer authorized to make the arrest has duly gained access to any dwellinghouse, he may break open the door of any room in which he has reason to believe the judgmentdebtor is to be found: provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgmentdebtor and who according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: provided, fourthly, that, where the decree in execution of which a judgmentdebtor is arrested, is a decree for the payment of money and the judgmentdebtor pays the amount of the decree and the costs of the arrest to the officer arresting him, such officer shall at once release him. 2 the state government may, by notification in the official gazette, declare that any person or class of persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the state government in this behalf. 3 where a judgmentdebtor is arrested in execution of a decree for the payment of money and brought before the court, the court shall inform him that he may apply to be declared an insolvent, and that he 1 may be discharged if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force. 4 where a judgmentdebtor expresses his intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the court 2 may release him from arrest, and, if he fails so to apply and to appear, the court may either direct the security to be realized or commit him to the civil prison in execution of the decree. 1. subs. by act 3 of , s. 2, for will be discharged. 2. subs. by s. 2, ibid., for shall release.

section 54. of the code of civil procedure : where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the collector or any gazetted subordinate of the collector deputed by him in this behalf, in accordance with the law if any for the time being in force relating to the partition, or the separate possession of shares, of such estates. state amendments karnataka. for section 54, the following section shall be substituted, namely. 54. partition of estate or separation of share.where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be made by the court in accordance with the law if any, for the time being in force relating to the partition or the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank of tahsildar or such other person as the court may appoint as commissioner in that behalf. vide karnataka act 36 of , sec. 2.

section 60. of the code of civil procedure : 11 the following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, banknotes, cheques, bills of exchange, hundis, promissory notes, government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgmentdebtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgmentdebtor or by another person in trust for him or on his behalf: provided that the following particulars shall not be liable to such attachment or sale, namely: a the necessary wearingapparel, cooking vessels, beds and bedding of the judgmentdebtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman b tools of artisans, and, where the judgmentdebtor is an agriculturist, his implements of husbandry and such cattle and seedgrain as may, in the opinion of the court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section c houses and other buildings with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment belonging to 2 an agriculturist or a labourer of a domestic servant and occupied by him d books of account e a mere right to sue for damages f any right of personal service g stipends and gratuities allowed to pensioners of the government 3 or of a local authority or of any other employer, or payable out of any service family pension fund 4 notified in the official gazette by 5 the central government or the state government in this behalf, and political pensions 6 h the wages of labourers and domestic servants, whether payable in money or in kind 7 8 i salary to the extent of 9 the first 10 one thousand rupees and two third of the remainder 11in execution of any decree other than a decree for maintenance: 12provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twentyfour months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twentyfour months, be finally exempt from attachment in execution of that deeree. 13ia onethird of the salary in execution of any decree for maintenance 13j the pay and allowances of persons to whom the air force act, 45 of or the army act, 46 of , or the navy act, 62 of , applies k all compulsory deposits and other sums in or derived from any fund to which the provident funds act, 14, 19 of , for the time being applies in so far as they are declared by the said act not to be liable to attachment 9ka all deposits and other sums in or derived from any fund to which the public provident fund act, 23 of , for the time being applies, in so far as they are declared by the said act as not to be liable to attachment kb all moneys payable under a policy of insurance on the life of the judgment debtor kc the interest of a lessee of a residential of building to which the provisions of law for the time being in force relating to control of rents and accommodation apply 15 1 any allowance forming part of the emoluments of any 16 servant of the 17 government or of any servant of a railway company or local authority which the 18 appropriate government may by notification in the official gazette declare to be exempt from attachment, and any subsistence grant or allowance made to 19 any such servant while under suspension m an expectancy of succession by survivorship or other merely contingent or possible right or interest n a right to future maintenance o any allowance declared by 20 any indian law to be exempt from liability to attachment or sale in execution of a decree, and p where the judgmentdebtor is a person liable for the payment of landrevenue, any movable property which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of such revenue. 21 explanation 1. the moneys payable in relation to the matters mentioned in clauses g, h, i, ia, j, l and o are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment whether before or after it is actually payable. 22 23 explanation ii in clauses i and ia, salary means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause 1, derived by a person from his employment whether on duty or on leave. 24explanation 25iii in clause 1 appropriate government means i as respects any 26person in the service of the central government, or any servant of 27a railway administration or of a cantonment authority or of the port authority of a major port, the central government 28 iii as respects any other 18 servant of the 16 government or a servant of any other 29 local authority, the state government. 29explanation iv. for the purposes of this proviso, wages includes bonus, and abourer includes a skilled unskilled or semiskilled labourer. explanation v . for the purposes of this proviso, the expression agriculturist means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or agricultural labourer. 30explanation vi. for the purposes of explanation v an agriculturist shall be deemded to cultivate landpersonally, if he cultivates land a by his own labour, or b by the labour of any member of his family, or c by servants or labourers on wages payable in cash or in kind not being as a share of the produce, or both. 29ia notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this section shall be void. 2 nothing in this section shall be deemed 31 to exempt houses and other buildings with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment from attachment or sale in execution of decrees for rent of any such house, building, site or land 31 32 state amendments kerala. in clause g of the proviso to subsection 1 of section 60, after the words stipends and gratuities allowed by pensioners of the government the words or of a local authority shall be inserted. vide kerala act 13 of , sec. 3. in the proviso to sub section 1 of section 60 of the code of civil procedure, central act 5 of , after clause g, the following clause shall be inserted, namely: gg all moneys payable to the beneficiaries under the family benefit scheme for the employees of the government of kerala. vide kerala act 1 of , sec. 2. state amendments himachal pradesh. amendment in section 60. 1 in section 60 subsection 1: i at the end of clause c, add the following: or compensation paid for such houses and buildings including compensation for the materials and the sites and the land referred to above acquired for a public purpose ii after clause c, the following clause shall be inserted, namely: cc compensation paid for agricultural lands belonging to agriculturists and acquired for a public purpose vide himachal pradesh act 6 of , sec. 2. tamil nadu amendment of section 60, central act v of .in clause g of the proviso to subsection 1 of section 60 of the code of civil procedure, , after the words stipends and gratuities allowed to pensioners of the government, the words or of a authority shall be inserted. vide tamil nadu act xxxiv of , s. 2 rajasthan amendment of section 60, central act v of .in clause b of the proviso to subsection 1 of section 60 of the code of civil procedure, central act v of in its application to the state of rajasthan, after the word, agriculturist the words his milch cattle and those likely to calve within two years shall be inserted. vide rajasthan act 19 of , s. 2 amendment of section 60, central act v of . in the proviso to subsection 1 of section 60 of the code of civil procedure, central act v of in the application thereof to the state of rajasthan, i after clause k, the following clause shall be inserted, namely: kk moneys payable under life insurance certificates issued in pursuance of the rajasthan government servants insurance rules, and ii after explanation 3 the following explanation shall be inserted, namely: explanation 4.where any money payable to a government servant of the state is exempt from attachment under the provision contained in clause kk, such money shall remain exempt from attachment notwithstanding the fact that owing to the death of a government servant it is payable to some other person. vide rajasthan act 16 of , s. 2 uttar pradesh amendment of section 60, central act v of . in the proviso to subsection 1 of section 60 of the code of civil procedure, central act v of in the application thereof to the state of rajasthan, i after clause k, the following clause shall be inserted, namely: kk moneys payable under life insurance certificates issued in pursuance of the rajasthan government servants insurance rules, and ii after explanation 3 the following explanation shall be inserted, namely: spanexplanation 4.where any money payable to a government servant of the state is exempt from attachment under the provision contained in clause kk, such money shall remain exempt from attachment notwithstanding the fact that owing to the death of a government servant it is payable to some other person. vide rajasthan act 16 of , s. 2 uttar pradesh addition of explanation 1a to subsection 1 of section 60. after explanation 1 of subsection 1 of section 60 of the code of civil procedure, , insert the following explanation ia explanation ia particulars mentioned in clause c are exempt from sale in execution of a decree whether passed before or after the commencement of the code of civil procedure united provinces amendment act, , for enforcement of a mortgage or charge thereon. vide uttar pradesh act xxxv of , s. 2 1. for amendments to s. 60, in its application to east punjab, see the punjab relief of indebtedness act, pun. act 7 of , s. 35, as amended by pun. acts 12 of and 6 of . 2. subs. by act 104 of , s. 23, for an agriculturist w.e.f. 3. ins. by s. 23, ibid., w.e.f. . 4. for such a notification, see gazette of india, , pt i, p. 5. 5. such by the a.o. , for the g.g. in c. 6. subs. by act 9 of , s. 2, for clause h and i. the amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st june, , see ibid., section. 3. 7.the words and salary, to the extent of the first hundred rupees and onehalf the remainder of such salary omitted by act 5 of , s. 2. 8. subs. by s. 2, ibid., for clause i and proviso. 9. subs. by act 26 of , s. 2, for the first hundred rupees. 10. subs. by act 104 of , s. 23, for two hundred rupees and onehalf the remainder w.e.f. . 11. subs. by act 46 of , s. 6, for four hundred rupees w.e.f. . 12. ins. by act 66 of , s. 6. w.e.f. 13. subs. by act 104 of , s. 23, for the proviso w.e.f. . 14. subs. by s. 23, ibidi., for clause j w.e.f. . 15. subs. by act 9 of , s. 2, for . 16. ins. by act 104 of , s. 23 w.e.f. . 17. subs. by act 9 of , s. 2, for the original clause l, see also footnote 3. 18. subs. by act 5 of , s. 2, for public officer. 19. subs. by the a.o. for crown. 20. subs. by the a.o. , for g.g. in c. 21. subs. by act 5 of , s. 2, any such officer or servant. 22. subs. by the a.o. , for any law passed under the indian councils act and . 23. subs. by act 104 of , s. 23 for explanation i w.e.f. . 24. added by act 9 of , s. 2, the amendments made by that section shall not effect in respect of any proceeding arising out of any suit instituted before 1st june, , see ibid., s. 3. 25. subs. by act 104 of , s. 23, explanation 2. in clauses h and i w.e.f. 12 . 26. ins. by the a.o. . 27. subs. by act 104 of , s. 23, for 3 w.e.f. . 28. subs. by act 5 of , s. 2, for public officer. 29. subs. by the act a.o. , for a federal railway. 30. clause ii omitted by the a.o. . 31. the words railway or omitted by the a.o. . 32. ins. by act 104 of , s. 23, w.e.f. . 33. the brackets and letter a, rep. by act 10 of , s. 3 and the second schedule. 34. the word or rep. by act 10 of , sec. 3 and the second schedule. 35. clause b rep. by act 10 of , sec. 3 and the second schedule.

section 59. of the code of civil procedure : 1 at any time after a warrant for the arrest of a judgmentdebtor has been issued the court may cancel it on the ground of his serious illness. 2 where a judgmentdebtor has been arrested, the court may release him if, in its opinion, he is not in a fit state of health to be detained in the civil prison. 3 where a judgmentdebtor has been committed to the civil prison, he may be released therefrom a by the state government, on the ground of the existence of any infectious or contagious disease, or b by the committing court, or any court to which that court is subordinate, on the ground of his suffering from any serious illness. 4 a judgmentdebtor released under this section may be rearrested, but the period of his detention in civil prison shall not in the aggregate exceed that prescribed by section 58.

section 64. of the code of civil procedure : 11 where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgmentdebtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims enforceable under the attachment. 22 nothing in this section shall apply to any private transfer or delivery of the property attached or of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the attachment. explanation.for the purpose of this section, claims enforceable under an attachment include claims for the rateable distribution of assets. 1. section. 64 renumbered as subsection 1 by act 22 of , s. 3 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. .

section 61. of the code of civil procedure : the state government 1 may, by general or special order published in the official gazette, declare that such portion of agricultural produce, or of any class of agricultural produce, as may appear to the state government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the judgmentdebtor and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a decree. 1. the words with the previous sanction of the g.g. in c. omitted by act 38 of , s. 2 and the first schedule pt 1.

section 62. of the code of civil procedure : i no person executing any process under this code directing or authorizing seizure of movable property shall enter any dwellinghouse after sunset and before sunrise. 2 no outer door of a dwellinghouse shall be broken open unless such dwellinghouse is in the occupancy of the judgmentdebtor and he refuses or in any way prevents access thereto, but when the person executing any such process has duly gained access to any dwellinghouse, he may break open the door of any room in which he has reason to believe any such property to be. 3 where a room in a dwellinghouse is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty to withdraw and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.

section 63. of the code of civil procedure : 1 where property not in the custody of any court is under attachment in execution of decrees of more courts than one, the court which shall receive or realize such property and shall determine any claim thereto and any objection to the attachment thereof shall be the court of highest grade, or, where there is no difference in grade between such courts, the court under whose decree the property was first attached. 2 nothing in this section shall be deemed to invalidate any proceeding taken by a court executing one of such decrees. 1explanation. for the purposes of subsection 2, proceeding taken by a court does not include an order allowing, to a decreeholder who has purchased property at a sale held in execution of a decree, set off to the extent of the purchase price payable by him. 1.explanation ins. by act 104 of , s. 24 w.e.f. .

section 65. of the code of civil procedure : where immovable property is sold in execution of a decree and such sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the sale becomes absolute.

section 67. of the code of civil procedure : 11 the state government 2 may, by notification in the official gazette, make rules for any local area imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the state government, to make it impossible to fix their value. 32 when on the date on which this code came into operation in any local area, any special rules as to sale of land in execution of decrees were in force therein, the state government may, by notification in the official gazette declare such rules to be in force, or may 2 by a like notification, modify the same. every notification issued in the exercise of the powers conferred by this subsection shall set out the rules so continued or modified. 43 every rule made under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. section 67 renumbered as subsection 1 by act 1 of , s. 3. 2. the words with the previous sanction of the g.g. in c.. in c. omitted by act 38 of , s. 2 and schedule., pt. 1. 3. added by act 1 of , s. 3. 4. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 66.. of the code of civil procedure : suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.rep. by act, 45 of , s. 7 w.e.f. .

section 68.. of the code of civil procedure : power to prescribe rules for transferring to collector execution of certain decrees. rep. by the code of civil procedure amendment act, 66 of , s. 7.

section 69.. of the code of civil procedure : provisions of third schedule to apply. rep. by s. 7 ibid. /

section 70.. of the code of civil procedure : rules of procedure. rep. by s. 7 ibid.

section 71.. of the code of civil procedure : jurisdiction of civil courts barred. rep. by s. 7 ibid.

section 72.. of the code of civil procedure : collector to deemed to be acting judicially. rep. by s. 7 ibid.

section 73. of the code of civil procedure : 1 where assets are held by a court and more persons than one have, before the receipt of such assets, made application to the court for the execution of decrees for the payment of money passed against the same judgmentdebtor and have not obtained satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such persons : provided as follows: a where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be entitled to share in any surplus arising from such sale b where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the court may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the property sold c where any immovable property is sold in execution of a decree ordering its sale for the discharge of an in cumbrance thereon, the proceeds of sale shall be applied first, in defraying the expenses of the sale secondly, in discharging the amount due under the decree thirdly, in discharging the interest and principal monies due on subsequent incumbrances if any and fourthly, rateably among the holders of decrees for the payment of money against the judgementdebtor, who have, prior to the sale of the property, applied to the court which passed the decree ordering such sale for execution of such decrees, and have no obtained satisfaction thereof. 2 where all or any of the assets liable to be rateably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. 3 nothing in this section affects any right of the government.

section 74. of the code of civil procedure : where the court is satisfied that the holder of a decree for the possession of immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or obstructed in obtaining possession of the property by the judgmentdebtor or some person on his behalf and that such resistance or obstruction was without any just cause, the court may, at the instance of the decreeholder or purchaser, order the judgmentdebtor or such other person to be detained in the civil prison for a term which may extend to thirty days and may further direct that the decreeholder or purchaser be put into possession of the property.

section 77. of the code of civil procedure : in lieu of issuing a commission the court may issue a letter of request to examine a witness residing at any place not within 1 india 1. subs. by act 2 of , s. 3, for the states

section 75. of the code of civil procedure : subject to such conditions and limitations as may be prescribed, the court may issue a commission a to examine any person b to make a local investigation c to examine or adjust accounts or d to make a partition 1e to hold a scientific, technical, or expert investigation f to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the court pending the determination of the suit g to perform any ministerial act. 1. ins. by act 104 of , s. 26 w.e.f. .

section 76. of the code of civil procedure : 1 a commission for the examination of any person may be issued to any court not being a high court situate in a state other than the state in which the court of issue is situate and having jurisdiction in the place in which the person to be examined resides. 2 every court receiving a commission for the examination of any person under subsection 1 shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.

section 78. of the code of civil procedure : 178. commissions issued by foreign courts. subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of a courts situate in any part of india to which the provisions of this code do not extend or b courts established or continued by the authority of the central government outside india or c courts of any state or country outside india. 1. subs. by s. 11, ibid., for s. 78 w.e.f. .

section 80. of the code of civil procedure : 1 1 2 save as otherwise provided in subsection 2, no suits 3 shall be instituted against the government including the government of the state of jammu and kashmir or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been 4 delivered to, or left at the office of a in the case of a suit against the central government, 5 except where it relates to a railway a secretary to that government 6b in the case of a suit against the central government where it relates to railway, the general manager of that railway 7bb in the case of a suit against the government of the state of jammu and kashmir, the chief secretary to that government or any other officer authorized by that government in this behalf c in the case of a suit against 8any other state government, a secretary to that government or the collector of the district 9 10 and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims and the plaint shall contain a statement that such notice has been so delivered or left. 112 a suit to obtain an urgent or immediate relief against the government including the government of the state of jammu and kashmir or any public officer in respect of any act purporting to be done by such public officer in his official capacity, may be instituted, with the leave of the court, without serving any notice as required by subsection i but the court shall not grant relief in the suit, whether interim or otherwise, except after giving to the government or public officer, as the case may be , a reasonable opportunity of showing cause in respect of the relief prayed for in the suit: provided that the court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of subsection 1. 3 no suit instituted against the government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in subsection i, if in such notice a the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in subsection 1, and b the cause of action and the relief claimed by the plaintiff had been substantially indicated. 1. section. 80 renumbered as subsection 1 by act 104 of , s. 27 w.e.f. . 2. subs. by s. 27, ibid., for no suit shall be instituted w.e.f. . 3. subs. by act 26 of , s. 3 for shall be instituted against the government w.e.f. . the words in italics were subs. by the a.o. , for instituted against the crown 4. subs. by the a.o. , for in the case of the secretary of state in council, delivered to, or left at the office of a secretary to the l.g. or the collector of the district. 5. ins. by act 6 of , s. 2. 6. clause aa ins. by act 6 of , s. 2 and relattered as clause b and the former clause b omitted by the a.o. . 7. ins. by act 26 of , s. 3 w.e.f. . 8. subs. by s. 3, ibid. for a state government w.e.f. . 9. the word and omitted by the a.o. . 10. clause d omitted, ibid. 11. ins. by act 104 of , s. 27 w.e.f. .

section 85. of the code of civil procedure : 1 the central government may, at the request of the ruler of a foreign state or at the request of any person competent in the opinion of the central government to act on behalf of such ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this code may be made or done on behalf of such ruler. 2 an appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such ruler. 3 a person appointed under this section may authorize or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

section 79. of the code of civil procedure : 179. suits by or against government.in a suit by or against the government, the authority to be named as plaintiff or defendant, as the case may be, shall be a in the case of a suit by or against the central government, 2the union of india, and b in the case of a suit by or against a state government, the state. 1. subs by the a.o. , for s. 79. 2. subs. by the a.o. , for the dominion of india.

section 86. of the code of civil procedure : i no. 1 foreign state may be sued in any court otherwise competent to try the suit except with the consent of the central government certified in writing by a secretary to that government : provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2a foreign state from whom he holds or claims to hold the property. 2 such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the court in which 3 the foreign state may be sued, but it shall not be given, unless it appears to the central government that 3 the foreign state a has instituted a suit in the court against the person desiring to sue 4 it, or b by 5 itself or another, trades within the local limits of the jurisdiction of the court, or c is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or d has expressly or impliedly waived the privilege accorded to 4 it by this section. 63 except with the consent of the central government, certified in writing by a secretary to that government, no decree shall be executed against the property of any foreign state. 4 the preceding provisions of this section shall apply in relation to 7a any ruler of a foreign state 8aa any ambassador or envoy of a foreign state b any high commissioner of a commonwealth country and c any such member of the staff 9 of the foreign state or the staff or retinue of the ambassador or envoy of a foreign state or of the high commissioner of a commonwealth country as the central government may, by general or special order, specify in this behalf, 10as they apply in relation to a foreign state. 115 the following persons shall not be arrested under this code. namely: a any ruler of a foreign state b any ambassador or envoy of a foreign state c any high commissioner of a commonwealth country d any such member of the staff of the foreign state or the staff or retinue of the ruler, ambassador or envoy of a foreign state or of the high commissioner of a commonwealth country, as the central government may, by general or special order, specify in this behalf. 6 where a request is made to the central government for the grant of any consent referred to in subsection 1, the central government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard. 1. the words ruler of a omitted by act 104 of , s. 29 w.e.f. . 2. subs. by s. 29, ibid., for a ruler w.e.f. . 3. subs. by s. 29, ibid., for the ruler w.e.f. . 4. subs. by s. 29, ibid., for him w.e.f. . 5. subs. by s. 29, ibid., for himself w.e.f. . 6. subs. by s. 29, ibid., for subsection 3 w.e.f. . 7. ins. by s. 29, ibid. w.e.f. . 8. clause a relettered as clause aa by act 104 of , s. 29 w.e.f. . 9. subs. by, s. 29, bid for or retinue of the ruler, ambassador w.e.f. . 10. subs. by s. 29, bid, for as they apply in relation to the ruler of a foreign state w.e.f. . 11. ins. by s. 29, bid, w.e.f. .

section 81. of the code of civil procedure : in a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity a the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and, b where the court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person..

section 82. of the code of civil procedure : 1i where, in a suit by or against the government or by or against a public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed against the union of india or a state or, as the case may be, the public officer, such decree shall not be executed except in accordance with the provisions of subsection 2. 2 execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2 such decree. 33 the provisions of subsections 1 and 2 shall apply in relation to an order or award as they apply in relation to a decree, if the order or award a is passed or made against 4 the union of india or a state or a public officer in respect of any such act as aforesaid, whether by a court or by any other authority and b is capable of being executed under the provisions of this code or of any other law for the time being in force as if it were a decree. 1. subs. by s. 28, ibid., for subsection 1 w.e.f. . 2. subs. by act 104 of , s. 28, for such report w.e.f. . 3. ins. by act 32 of , s. 2. 4. subs. by the a.o. , for the dominion of india.

section 83. of the code of civil procedure : 1alien enemies residing in india with the permission of the central government, and alien friends, may sue in any court otherwise competent to try the suit, as if they were citizens of india, but alien enemies residing in india without such permission, or residing in a foreign country, shall not sue in any such court. explanation. every person residing in a foreign country, the government of which is at war with india and carrying on business in that country without a licence in that behalf granted by the central government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country. 1. subs. by act 2 of , s. 12, for the former heading and sub section. 83 to 87 w.e.f. .

section 84. of the code of civil procedure : a foreign state may sue in any competent court: provided that the object of the suit is to enforce a private right vested in the ruler of such state or in any officer of such state in his public capacity.

section 87. of the code of civil procedure : the ruler of a foreign state may sue, and shall be sued, in the name of his state: provided that in giving the consent referred to in section 86, the central government may direct that the ruler may be sued in the name of an agent or in any other name.

section 87a. of the code of civil procedure : 1 in this part, aforeign state means any state outside india which has been recognised by the central government and b ruler, in relation to a foreign state, means the person who is for the time being recognized by the central government to be the head of that state. 2 every court shall take judicial notice of the fact a that a state has or has not been recognized by the central government b that a person has or has not been recognized by the central government to be the head of a state.

section 87b. of the code of civil procedure : 1i in the case of any suit by or against the ruler of any former indian state which is based wholly or in part upon a cause of action which arose before the commencement of the constitution or any proceeding arising out of such suit, the provisions of section 85 and subsections 1 and 3 of section 86 shall apply in relation to such ruler as they apply in relation to the ruler of a foreign state. 2 in this section a former indian state means any such indian state as the central government may, by notification in the official gazette, specify for the purposes of this section 2 3b commencement of the constitution means the 26th day of january, and c ruler, in relation to a former indian state, has the same meaning as in article 363 of the constitution. 1. subs. by act 54 of , s. 3, for subsection 1 w.e.f. . 2. the word and omitted by act 54 of , s. 3 w.e.f. .. 3. subs. by s. 3, ibid., for clause b w.e.f. .

section 88. of the code of civil procedure : where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself : provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

section 89. of the code of civil procedure : 189. settlement of disputes outisde the court.1 where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for: a arbitration b conciliation c judicial settlement including settlement through lok adalat: or d mediation. 2 were a dispute has been referred a for arbitration or conciliation, the provisions of the arbitration and conciliation act, 26 of shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that act b to lok adalat, the court shall refer the same to the lok adalat in accordance with the provisions of subsection 1 of section 20 of the legal services authority act, 39 of and all other provisions of that act shall .apply in respect of the dispute so referred to the lok adalat c for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a lok adalat and all the provisions of the legal services authority act, 39 of shall apply as if the dispute were referred to a lok adalat under the provisions of that act d for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed. 1. ins. by act 46 of , s. 7 w.e.f. , earlier rep. by act 10 of , s. 49 and the third schedule.

section 94. of the code of civil procedure : in order to prevent the ends of justice from being defeated the court may, if it is so prescribed, a issue a warrant to arrest the defendant and bring him before the court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison b direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the court or order the attachment of any property c grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold d appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property e make such other interlocutory orders as may appear to the court to be just and convenient.

section 90. of the code of civil procedure : where any persons agree in writing to state a case for the opinion of the court, then the court shall try and determine the same in the manner prescribed.

section 93. of the code of civil procedure : the powers conferred by sections 91 and 92 on the advocategeneral may, outside the presidencytowns, be, with the previous sanction of the state government, exercised also by the collector or by such officer as the state government may appoint in this behalf.

section 91. of the code of civil procedure : 1 ,21 in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted, a by the advocategeneral, or b with the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. 2 nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions. 1. subs. by act 104 of , s. 30, for the former headings w.e.f. . 2. subs. by s. 30, ibid., for subsection 1 w.e.f. .

section 92. of the code of civil procedure : 11 in the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the administration of any such trust, the advocategeneral, or two or more persons having an interest in the trust and having obtained the 2 leave of the court, may institute a suit, whether contentious or not, in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subjectmatter of the trust is situate to obtain a decree: a removing any trustee b appointing a new trustee c vesting any property in a trustee 3 cc directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property d directing accounts and inquiries e declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust f authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged g settling a scheme or h granting such further or other relief as the nature of the case may require. 2 save as provided by the religious endowments act, xx of , 4 or by any corresponding law in force in 5 the territories which, immediately before the 1st november, , were comprised in part b states, no suit claiming any of the reliefs specified in subsection 1 shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that subsection. 63 the court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion thereof to be applied cy pres in one or more of the following circumstances, namely : a where the original purposes of the trust, in whole or in part, i have been, as far as may be, fulfilled or ii cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust or b where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust or c where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with, and to that end can suitably be made applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common purposes or d where the original purposes, in whole or in part, were laid down by reference to an area which then was, but has since ceased to be, a unit for such purposes or e where the original purposes, in whole or in part, have, since they were laid down, i been adequately provided for by other means, or ii ceased, as being useless or harmful to the community, of iii ceased to be, in law, charitable, or iv ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. 1. s. 92 shall not apply to any religious trust in bihar, see bihar act 1 of . 2. subs. by act 104 of , s. 31, for consent in writing of the advocategeneral, w.e.f. . 3. ins. by act 66 of , s. 9 w.e.f. . 4. ins. by act 2 of , s. 13 w.e.f. . 5. subs. by the a.o. no. 2, , for a part b state. 6. ins. by act 104 of , s. 31 w.e.f. .

section 100a. of the code of civil procedure : 1100a. no further appeal in certain cases.notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and decree of such single judge. 1. subs. by act 22 of , s. 4, for section 100 a w.e.f .

section 95. of the code of civil procedure : 1 where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section, a it appears to the court that such arrest, attachment or injunction was applied for on insufficient grounds, or b the suit of the plaintiff fails and it appears to the court that there was no reasonable or probable grounds for instituting the same, the defendant may apply to the court, and the court may, upon such application, award against the plaintiff by its order such amount 1 not exceeding fifty thousand rupees, as it deems a reasonable compensation to the defendant for the 2 expense or injury including injury to reputation caused to him: provided that a court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. 2 an order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction. 1. subs. by act 46 of , s. 8, for not exceeding one thousand rupees w.e.f. . 2. subs. by act 104 of , s. 32, for expense or injury caused to him w.e.f. w.e.f. .

section 96. of the code of civil procedure : 1 save where otherwise expressly provided in the body of this code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court. 2 an appeal may lie from an original decree passed ex parte. 3 no appeal shall lie from a decree passed by the court with the consent of parties. 14 no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by courts of small causes, when the amount or value of the subjectmatter of the original suit does not exceed 2 ten thousand rupees. 1. ins. by act 104 of , s. 33 w.e.f. . 2. subs. by act 46 of , s. 9, for three thousand rupees. w.e.f. .

section 97. of the code of civil procedure : where any party aggrieved by a preliminary decree passed after the commencement of this code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

section 100. of the code of civil procedure : 1100. second appeal.1 save as otherwise expressly provided in the body of this code or by any other law for the time being in force, an appeal shall lie to the high court from every decree passed in appeal by any court subordinate to the high court, if the high court is satisfied that the case involves a substantial question of law. 2 an appeal may lie under this section from an appellate decree passed ex parte. 3 in an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal. 4 where the high court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. 5 the appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: provided that nothing in this subsection shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question. state amendment kerala. in subsection 1 of section 100 of the principal act, after clause c, the following clause shall be added, namely: d the finding of the lower appellate court on any question of fact material to the right decision of the case on the merits being in conflict with the finding of the court of first instance on such question. vide kerala act 13 of sec. 4. 1. subs. by s. 37, ibid., for section 100 w.e.f. .

section 98. of the code of civil procedure : 1 where an appeal is heard by a bench of two or more judges, the appeal shall be decided in accordance with the opinion of such judges or of the majority if any of such judges. 2 where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed: provided that where the bench hearing the appeal is 1composed of two or other even number of judges belonging to a court consisting of more judges than those constituting the bench and the judges composing the bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other judges, and such point shall be decided according to the opinion of the majority if any of the judges who have heard the appeal, including those who first heard it. 23 nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to patent of any high court. 1. subs. by act 104 of , s. 34, for certain words w.e.f. . 2. ins. by act 18 of , s. 2 and the first sch.

section 102. of the code of civil procedure : 1102. no second appeal in certain cases.no second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twentyfive thousand rupees. 1. subs. by s. 5, ibid., for section 102 w.e.f. .

section 103. of the code of civil procedure : 1103. power of high court to determine issue of fact.in any second appeal, the high court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal, a which has not been determined by the lower appellate court or both by the court of first instance and the lower appellate court, or b which has been wrongly determined by such court or courts by reason of a decision on such question of law as is referred to in section 100. 1. subs. by act 104 of , s. 40, for section 103 w.e.f. .

section 99. of the code of civil procedure : no decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder 1 or nonjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the court : 2provided that nothing in this section shall apply to nonjoinder of a necessary party. 1. ins. by act 104 of , s. 35 w.e.f. . 2. proviso added by s. 35 ibid. w.e.f. .

section 104. of the code of civil procedure : 1 an appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this code or by any law for the time being in force, from no other orders: 1 2ff an order under section 35a 3ffa an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be g an order under section 95 h an order under any of the provisions of this code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree i any order made under rules from which an appeal is expressly allowed by rules: 2provided that no appeal shall lie against any order specified in clause ff save on the ground that no order, or an order for the payment of a less amount, ought to have been made. 2 no appeal shall lie from any order passed in appeal under this section. 1. clause a to f omitted by act 10 of , s. 49 and the third schedule. 2. ins. by act 9 of , s. 3, see also footnote to section 35a, supra. 3. ins. by act 104 of , s. 41 w.e.f. .

section 107. of the code of civil procedure : 1 subject to such conditions and limitations as may be prescribed, an appellate court shall have power a to determine a case finally b to remand a case c to frame issues and refer them for trial d to take additional evidence or to require such evidence to be taken. 2 subject as aforesaid, the appellate court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this code on courts of original jurisdiction in respect of suits instituted therein.

section 99a. of the code of civil procedure : 199a. no order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case. 1. ins. by s. 36, ibid. w.e.f. .

section 109. of the code of civil procedure : 1109. when appeals lie to the supreme court. subject to the provisions in chapter iv of part v of the constitution and such rules as may, from time to time, be made by the supreme court regarding appeals from the courts of india, and to the provisions hereinafter contained, an appeal shall lie to the supreme court from any judgment, decree or final order in a civil proceeding of a high court, if the high court certifies i that the case involves a substantial question of law of general importance and ii that in the opinion of the high court the said question needs to be decided by the supreme court. 1. subs. by act 49 of , s. 2, for section 109 w.e.f. .

section 101. of the code of civil procedure : no second appeal shall lie except on the ground mentioned in section 100.

section 105. of the code of civil procedure : 1 save as otherwise expressly provided, no appeal shall lie from any order made by a court in the exercise of its original or appellate jurisdiction but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal. 2 notwithstanding anything contained in subsection 1, where any party aggrieved by an order of remand 1 from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness. 1. words made after the commencement of this code omitted by act 104 of , s. 42, w.e.f. ..

section 111a.. of the code of civil procedure : 1appeals to federal court. rep. by the federal court act, 21 of , s. 2. 1. ins. by the a.o. .

section 106. of the code of civil procedure : where an appeal from any order is allowed it shall lie to the court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a court not being a high court in the exercise of appellate jurisdiction, then to the high court.

section 113. of the code of civil procedure : subject to such conditions and limitations as may be prescribed, any court may state a case and refer the same for the opinion of the high court, and the high court may make such order thereon as it thinks fit: 1provided that where the court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is subordinate or by the supreme court, the court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the high court. explanation.in this section,regulation means any regulation of the bengal, bombay or madras code or regulation as defined in the general clauses act,, 10 of or in the general clauses act of a state. 1. added by act 24 of , s. 2 w.e.f. .

section 108. of the code of civil procedure : the provisions of this part relating to appeals from original decrees shall, so far as may be, apply to appeals a from appellate decrees, and b from orders made under this code or under any special or local law in which a different procedure is not provided.

section 114. of the code of civil procedure : subject as aforesaid, any person considering himself aggrieved a by a decree or order from which an appeal is allowed by this code, but from which no appeal has been preferred. b by a decree or order from which no appeal is allowed by this code, or c by a decision on a reference from a court of small causes, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit.

section 115. of the code of civil procedure : 11 the high court may call for the record of any case which has been decided by any court subordinate to such high court and in which no appeal lies thereto, and if such subordinate court appears a to have exercised a jurisdiction not vested in it by law, or b to have failed to exercise a jurisdiction so vested, or c to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit: 2provided that the high court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings. 32 the high court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the high court or to any court subordinate thereto. 43 a revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the high court. explanation.in this section, the expression any case which has been decided includes any order made, or any order deciding an issue in the course of a suit or other proceeding. state amendments orrisa amendment of section 115.in the code of civil procedure, 5 of for section 115, the following section shall be substituted, namely: 115. revision.the high court, in cases arising out of original suits or other proceedings of the value exceeding one lakh rupees, and the district court, in any other case including a case arising out of an original suit or other proceedings instituted before the commencement of the code of civil procedure orissa amendment act, , may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears a to have failed to exercised a jurisdiction not vested in it by law or b to have failed to exercise a jurisdiction so vested or c to have acted in the exercise of its jurisdiction illegally or with material irregularity the high court or the district court, as the case may be, may make such order in the case as it thinks fit: provided that in respect of cases arising out of original suits, or other proceedings of any valuation decided by the district court, the high court alone shall be competent to make an order under this section: provided further that the high court or the district court shall not, under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where i the order, if so varied or reversed, would finally dispose of the suit or other proceedings or ii the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. explanationin this section, the expression any case which has been decided includes any order deciding an issue in the course of a suit or other proceeding.. 3. saving.the amendment made by this act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the high court under section 115 of the code of civil procedure, 5 of prior to the commencement of this act shall, notwithstanding such amendment, continue to be heard and decided by such court. vide the orissa act 26 of , s. 2 amendment of section 115.in the code of civil procedure, 5 of , for section 115, the following section shall be substituted, namely: 115. revision.1 the high court, in cases arising out of original suits or other proceedings of the value exceeding five lakhs rupees and the district court, in any other cases, including a case arising out of an original suit or other proceedings instituted before the commencement of the code of civil procedure orissa amendment act, , may call for the record of any case which has been decided by any court subordinate to the high court or the district court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears a to have exercised a jurisdiction not vested in it by law or b to have failed to exercise a jurisdiction so vested or c to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court or the district court, as the case may be, may make such order in the case as it thinks fit: provided that in respect of cases arising out of original suits or other proceedings of any valuation decided by the district court, the high court alone shall be competent to make an order under this section 2 the high court or the district court, as the case may be, shall not under this section, vary or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, except where the order, if it had been made in favor of the party applying for revision, would have finally disposed of the suit or other proceedings. 3 a revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the high court or district court, as the case may be. explanationin this section, the expression, any case which has been decided includes any order deciding an issue in the course of a suit or other proceeding.. vide the orissa act 14 of , s. 2 uttar pradesh amendment of section 115 of act v of .in section 115 of the said code i for the words high court, wherever occurring, the words high court or district court shall be substituted and ii the following proviso thereto shall be inserted at the end, namely: provide that nothing in this section shall be construed to empower the district court to call for the record of any case arising out of an original suit of the value of twenty thousand rupees or above,. vide uttar pradesh act 14 of , s. 3 uttar pradesh substitution of new section for section 115 of 5 of . for section 115 of the code of civil procedure, , as amended in its application to uttar pradesh hereinafter in this chapter referred to as the said code, the following section shall be substituted namely : 115. revision.the high court in cases arising out of original suits of the value of rupees twenty thousand and above including such suits instituted before the 20th day of september, , and the district court in any other case, including a case arising out of an original suit instituted before the 20th day of september, , may call for the record of any case which has been decided by any court subordinate to such high court or district court, as the case may be, and in which no appeal lies thereto, and if such subordinate court appears a to have to jgh exercised a jurisdiction not vested in it by law, or b to have failed to exercise a jurisdiction so vested, or c to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court or the district court, as the case may be, may make such order in the case as it thinks fit provided that in respect of cases decided before the 20th day of september, , and also all cases arising out of original suits of any valuation decided by the district court, the high court alone shall be competent to make a order under this section. vide uttar pradesh act 19 of , s. 2 amendment of section 115 of act v of . in section 115 of the code of civil procedure, as amended in its application to uttar pradesh, hereinafter referred to as the said code : i for the words the high court or district court, where they first occur, the words the high court in cases arising out of original suits of the values of twenty thousand rupees and above, and the district court in any other case shall be substituted and after the words high court or district court where they occur the second time, the commas and words, as the case may be, shall be inserted ii the proviso shall be omitted. vide uttar pradesh act 37 of , s. 6 uttar pradesh substitution of section 115. for section 115 of the said code, the following section shall be substituted, namely : 115. revision. the high court, in cases arising out of original suits or other proceedings of the value of twenty thousand rupees and above, including such suits or other proceedings instituted before august 1, , and the district court in any other case, including a case arising out of an original suit or other proceedings instituted before such date, may call for the record of any case which has been decided by any court subordinate to such high court or district court as the case may be, and in which no appeal lies thereto, and if such subordinate court appears a to have exercised a jurisdiction not vested in it by law or b to have failed to exercise a jurisdiction so vested or c to have acted in the exercise of its jurisdiction illegally or with material irregularity the high court or the district court, as the case may be, may makesuch order in the case as it thinks fit provided that in respect of cases arising out of original suits or other proceedings of any valuation, decided by the district court, the high court alone shall be competent to make an order under this section provided further that the high court or the district court shall no under his section, vary or reverse any order including an order deciding an issue, made in the course of a suit or other proceeding, except where, 1 the order, if so varied or reversed, would finally dispose of the suit or other proceeding or ii the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. explanation in this section, the expression any case which has been decided includes any order deciding an issue in the course of a suit of other proceeding. vide uttar pradesh act 31 of , s. 3 uttar pradesh amendment of section 115 of act no. 5 of .in section 115 of the code of civil procedure, , hereinafter in this chapter referred to as the said code, a for the words of the value of the twenty thousand rupees and above including such suits or other proceedings instituted before august 1, the following words shall be substituted, namely of the value exceeding one lakh rupees or such higher amount not exceeding five lakh rupees as the high court may from time to time fix, by notification published in the official gazette including such suits or other proceedings instituted before the date of commencement of the uttar pradesh civil laws amendment act, , or as the case may be, the date of commencement of such notification. b after the second proviso, the following proviso shall be inserted, namely provided also that where a proceeding of the nature in which the district court may call for the record and pass orders under this section was pending immediately before the relevant date of commencement referred to above, in the high court, such court shall proceed to dispose of the same. vide uttar pradesh act 17 of , s. 7 substitution of section 115 of act no. 5 of . for section 115 of the code of civil procedure, , hereinafter referred to as the principal act, the following section shall be substituted and be deemed to have been substituted with effect from july 1, , namely : 115. revision 1 a superior court may revise an order passed in a case decided in an original suit or other proceeding by a subordinate court where no appeal lies against the order and where the subordinate court has a exercised a jurisdiction not vested in it by law or b failed to exercise a jurisdiction so vested or c acted in exercise of its jurisdiction illegally or with material irregularity. 2 a revision application under subsection 1, when filed in the high court, shall contain a certificate on the first page of such application, below the title of the case, to the effect that no revision in the case lies to the district court but lies only to the high court either because of valuation or because the order sought to be revised was passed by the district court. 3 the superior court shall not, under this section, very or reverse any order made except where, i the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceeding or ii the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it is made. 4 a revision shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by the superior court. explanation i in this section, i the expression superior court means a the district court, where the valuation of a case decided by a court subordinate to it does not exceed five lakh rupees b the high court, where the order sought to be revised was passed in a case decided by the district court or where the value of the original suit or other proceedings in a case decided by a court subordinate to the district court exceed five lakh rupees ii the expression order includes an order deciding an issue in any original suit or other proceedings. explanation ii. the provisions of this section shall also be applicable to orders passed, before or after the commencement of this section, in original suits or other proceedings instituted before such commencement. vide uttar pradesh act 14 of , s. 2 1. section 115 renumbered as subsection 1 by act 104 of , s. 43 w.e.f . 2. the proviso subs. by act 46 of , s.12, w.e.f. . 3. ins. by act 104 of , s. 43 w.e.f . 4. ins. by act 46 of , s.12 w.e.f. .

section 116. of the code of civil procedure : 1, 2this part applies only to high courts 2 not being the court of a judicial commissioner. 1. subs. by act 2 of , s. 14, for chartered high courts w.e.f. . 2. subs. by the adaptation of laws no. 2 order, for for part a states and part b states.

section 110.. of the code of civil procedure : value of subject matters. omitted by the code of civil procedure amendment act, 49 of , s. 3 w.e.f. .

section 111.. of the code of civil procedure : bar of certain appeals. omitted by the a.o. .

section 112. of the code of civil procedure : 11 nothing contained in this code shall be deemed a to affect the powers of the supreme court under article 136 or any other provision of the constitution or b to interfere with any rules made by the supreme court, and for the time being in force for the presentation of appeals to that court, or their conduct before that court. 2 nothing herein contained applies to any matter of criminal or admiralty or viceadmiralty jurisdiction or to appeals from orders and decrees of prize courts. 1. subs, by the a.o. , for the former subsection 1.

section 117. of the code of civil procedure : save as provided in this part or in part x or in rules, the provisions of this court shall apply to such high courts.

section 124. of the code of civil procedure : every rule committee shall make a report to the high court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the first schedule or to make new rules, and before making any rules under section 122 the high court shall take such report into consideration.

section 118. of the code of civil procedure : where any such high court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.

section 119. of the code of civil procedure : nothing in this code shall be deemed to authorize any person on behalf of another to address the court in the exercise of its original civil jurisdiction, or to examine witnesses, except where the court shall have in the exercise of the power conferred by its charter authorized him so to do, or to interfere with the power of the high court to make rules concerning advocates, vakils and attorneys.

section 120. of the code of civil procedure : 1the following provisions shall not apply to the high court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20. 1 1. subsection 2 rep. by act 3 of , s. 127 and the third schedule.

section 125. of the code of civil procedure : high courts, other than the courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions 1 as 2 the state government may determine: provided that any such high court may, after previous publication, make a rule extending within the local limits of its jurisdiction any rules which have been made by any other high court. 1. subs. by act 38 of , s. 2 and the first schedule pt. i, for as the g.g. in c. may determine. 2. subs. by the a.o., for in the case of the court of the judicial commissioner of coorg, the g.g. in c., and, in other cases the l.g.

section 121. of the code of civil procedure : the rules in a first schedule shall have effect as if enacted in the body of this code until annulled or altered in accordance with the provisions of this part.

section 122. of the code of civil procedure : 1high courts 2 not being the court of a judicial commissioner 3 may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the civil courts subjects to their superintendence, and may by such rules annul, alter or add to all or any of the rules in the first schedule. 1. subs. by the a.o. , for courts which arc high courts for the purposes of the government of india act, . 2. subs. by the adaptation of laws no. 2 order, , for part a states and part b states. the words in italics were ins. by act 2 of , s. 15 w.e.f. . 3. the words and the chief court of lower burma rep. by act 11 of , s. 3 and the second schedule.

section 127. of the code of civil procedure : rules so made and 1 approved shall be published in the 2 official gazette, and shall from the date of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the high court which made them, as if they had been contained in the first schedule. 1. subs. by act 24 of , s. 2 and the first schedule., for sanctioned. 2. subs. by the a.o. , for gazette of india or in the local official gazette, as the case may be. strictly the substitution would read official gazette or in the official gazette, as the case may be, but the latter words have been omitted as being redundant.

section 123. of the code of civil procedure : 1 a committee, to be called the rule committee, shall be constituted at 1the town which is the usual place of sitting of each of the high courts 2 referred to in section 122. 2 each such committee shall consist of the following persons, namely: a three judges of the high court established at the town at which such committee is constituted, one of whom at least has served as a district judge or 3 a divisional judge for three years, 4b two legal practitioners enrolled in that court, 5c a judge of a civil court subordinate to the high court, 6 7 3 the members of each committee shall be appointed by the 8 high court, which shall also nominate one of their number to be president: 9 4 each member of any such committee shall hold office for such period as may be prescribed by the 8high court in this behalf and whenever any member retires, resigns, dies or ceases reside in the state in which the committee was constituted, or becomes incapable of acting as a member of the committee, the said 8high court may appoint another person to be a member in his stead. 5 there shall be a secretary to each such committee, who shall be appointed by the 8high court and shall receive such remuneration as may be provided in this behalf 10by the state government. state amendments assam. for clause a of subsection 2 of section 123 the following shall be substituted a three judges of the high court established at the town at which such committee is constituted, provided that the chief justice may appoint only two judges of the high court on the committee if the number of judges of the high court does not exceed three. vide assam act 8 of , sec. 2. tamil nadu amendment of section 123, central act v of .in section 2 of section 123 of the code of civil procedure, central act v of , a in clause b, for the words two legal practitioners, the words three legal practitioners shall be substituted. b in clause d, the word madras shall be omitted. vide tamil nadu act 15 of , s. 2 1. subs. by act 13 of , s. 2 and the schedule, for each of the towns of calcutta, madras, bombay, allahabad, lahore and rangoon. 2. the words and of the chief court omitted by the act 11 of , s. 3 and the second schedule these words were again ins. by act 32 of , and subsequently omitted by the a.o. . 3. the brackets and words in burma rep. by act 11 of , s. 3 and the second schedule. 4. subs. by act 2 of , s. 16, for clauses b and c. 5. clause d relettered as clause c by s. 16, ibid 6. the word and omitted by act 38 of , s. 3 and the second schedule. 7. clause d omitted by s. 3 and the second schedule, ibid. 8. subs. by act 104 of , s. 44, for chief justice or chief judge w.e.f. . 9. proviso omitted by s. 44, ibid. w.e.f. . 10. subs. by the a.o. , for by the g.g. in c. or by the l.g., as the case may be.

section 126. of the code of civil procedure : 1rules made under the foregoing provisions shall be subject to the previous approval of the government of the state in which the court whose procedure the rules regulate is situate or, if that court is not situate in any state, to the previous approval of 2 central government. 1.subs. by the a.o., for s. 126. 2. subs. by the a.o. , for governor general.

section 131. of the code of civil procedure : rules made in accordance with section 129 or section 130 shall be published in the 1official gazette and shall from the date of publication or from such other date as may be specified have the force of law. 1. subs. by the a.o., for gazette of india or in the local official gazette, as the case may be. strictly the substitution would read official gazette or in the official gazette, as the case may be, but the latter words have been omitted as being redundant.

section 134. of the code of civil procedure : the provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this code.

section 128. of the code of civil procedure : 1 such rules shall be not inconsistent with the provisions in the body of this code, but, subject thereto, may provide for any matters relating to the procedure of civil courts. 2 in particular, and without prejudice to the generality of the powers conferred by subsection 1, such rules may provide for all or any of the following matters, namely: a the service of summonses, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service b the maintenance and custody, while under attachment, of livestock and other movable property, the fees payable for such maintenance and custody, the sale of such livestock and property, and the proceeds of such sale c procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction d procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts e procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not f summary procedure i in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising on a contract express or implied or on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty or on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand only or on a trust or ii in suits for the recovery of immovable property, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has become liable to forfeiture for nonpayment of rent, or against persons claiming under such tenant g procedure by way of originating summons h consolidation of suits, appeals and other proceedings i delegation to any registrar, prothonotary or master or other official of the court of any judicial, quasijudicial and nonjudicial duties and j all forms, registers, books, entries and accounts which may be necessary or desirable for the transaction of the business of civil courts.

section 129. of the code of civil procedure : notwithstanding anything in this code, any high court 1 not being the court of a judicial commissioner may make such rules not inconsistent with the letters patent 2 or order 3 or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this code. 1. subs. by the adaptation of laws no. 2 order, , for for a part a state or a part b state. 2. ins. by the a.o. . 3. ins. by act 2 of , s. 17 w.e.f. .

section 130. of the code of civil procedure : 1a high court 2not being a high court to which section 129 applies may, with the previous approval of the state government, make with respect to any matter other than procedure any rule which a high court 3for a 4 state might under 5article 227 of the constitution make with respect to any such matter for any part of the territories under its jurisdiction which is not included within the limits of a presidency town. 1. subs. by the a.o. , for s. 130. 2. subs. by the a.o. , for not constituted by his majesty by letters patent. 3. subs., ibid., for so constituted. 4. the word and letter part a omitted by the adaptation of laws no. 2 order, . 5. subs. by the a.o. , for section 224 of the government of india act, .

section 135a. of the code of civil procedure : 1135a. exemption of members of legislative bodies from arrest and detention under civil process 21 no person shall be liable to arrest or detention in prison under civil process a if he is a member of i either house of parliament, or ii the legislative assembly or legislative council of a state, or iii a legislative assembly of a union territory, during the continuance of any meeting of such house of parliament or, as the case may be, of the legislative assembly or the legislative council b if he is a member of any committee of i either house of parliament, or ii the legislative assembly of a state or union territory, or iii the legislative council of a state, during the continuance of any meeting of such committee c if he is a member of i either house of parliament, or ii a legislative assembly or legislative council of a state having both such houses, during the continuance of a joint sitting, meeting, conference or joint committee of the houses of parliament or, houses of the state legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference. 2 a person released from detention under subsection 1 shall, subject to the provisions, of the said subsection, be liable to rearrest and to the further detention to which he would have been liable if he had not been released under the provisions of subsection 1. 1. ins. by act 23 of , s. 3. 2. subs. by act 104 of , s. 45, for subsection 1 w.e.f. .

section 132. of the code of civil procedure : 1 women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in court. 2 nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this code.

section 133. of the code of civil procedure : 11the following persons shall be entitled to exemption from personal appearance in court, namely: i the president of india ii the vicepresident of india iii the speaker of the house of the people iv the ministers of the union v the judges of the supreme court vi the governors of states and the administrators of union territories vii the speakers of the state legislative assemblies viii the chairman of the state legislative councils ix the ministers of states x the judges of the high courts and xi the persons to whom section 87b applies. 2 3where any person 3 claims the privilege of such exemption, and it is consequently necessary to examine him by commission, he shall pay the costs of that commission, unless the party requiring his evidence pays such costs. 1. subs. by act 66 of , s. 12, for subsection 1 w.e.f. . 2. subsection 2 omitted by s. 12, ibid w.e.f. . 3. the words so exempted omitted by s.12, ibid.

section 135. of the code of civil procedure : 1 no judge, magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his court. 2 where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenueagents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. 3 nothing in subsection 2 shall enable a judgmentdebtor to claim exemption from arrest under an order for immediate execution or where such judgmentdebtor attends to show cause why he should not be committed to prison in execution of a decree.

section 136. of the code of civil procedure : 1 where an application is made that any person shall be arrested or that any property shall be attached under any provision of this code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the court to which the application is made, the court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the district court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment. 2 the district court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a court subordinate to itself, and shall inform the court which issued or made such warrant or order of the arrest or attachment. 3 the court making an arrest under this section shall send the person arrested to the court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former court why he should not be sent to the later court, or unless he furnishes sufficient security for his appearance before the later court or for satisfying any decree that may be passed against him by that court, in either of which cases the court making the arrest shall release him. 4 where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the high court of judicature at fort william in bengal or at madras or at bombay, 1 the copy of the warrant of arrest or of the order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the court of smallcauses of calcutta, madras 2 or bombay, as the case may be, and that court, on receipt of the copy and amount, shall proceed as if it were the district court. 1. the words or of the chief court of lower burma, omitted by the a.o. . 2. subs., ibid., for bombay or rangoon.

section 137. of the code of civil procedure : 1 the language which, on the commencement of this code, is the language of any court subordinate to a high court shall continue to be the language of such subordinate court until the state government otherwise directs. 2 the state government may declare what shall be the language of any such court and in what character applications to and proceedings in such courts shall be written. 3 where this court requires or allows anything other that the recording of evidence to be done in writing in any such court, such writing may be in english but if any party or his pleader is unacquainted with english a translation into the language of the court shall, at his request, be supplied to him and the court shall make such order as it thinks fit in respect of the payment of the costs of such translation. state amendment rajasthan amendment of section 137, central act v of .in section 137 of the code of civil procedure, central act v of , in its application to the state of rajasthan, for subsection 3, the following subsection shall be substituted, namely: 3 wherever this code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing shall be in hindi in devnagri script with the international form of indian numerals : provided that the court may in its discretion accept such writing in english on the undertaking of the party filing such writing, to file a hindi translation of the same, within such time as may be granted by the court and the opposite party shall have a right to have a copy of such writing in hindi. vide rajasthan act 7 of , s. 2

section 138. of the code of civil procedure : 1138. power of high court to require evidence to be recorded in english. 1 the 2high court may, by notification in the official gazette, direct with respect to any judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the english language and in manner prescribed. 2 where a judge is prevented by any sufficient reason from complying with a direction under subsection 1, he shall record the reason and cause the evidence to be taken down in writing from his dictation in open court. 1. for s. 138, as applicable to assam, see the civil procedure assam amendment act , assam 1 of , s. 2. 2. subs. by act 4 of , s. 2 and schedule, pt. i for l.g..

section 144. of the code of civil procedure : 1where and in so far as a decree 1 or an order is 2 varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the court which passed the decree or order shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree 1 or order or 3 such part thereof as has been varied, reversed, set aside or modified and for this purpose, the court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly 4 consequential on such variation, reversal, setting aside or modification of the decree or order. 5explanation.for the purposes of subsection 1, the expression court which passed the decree or order shall be deemed to include, a where the decree or order has been varied or reversed in exercise of appellate or revision jurisdiction, the court of first instance b where the decree or order has been set aside by a separate suit, the court of first instance which passed such decree or order. c where the court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit. 2 no suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under subsection 1. 1. ins. by act 66 of , s. 13 w.e.f. . 2. subs. by act 104 of . s. 48, for varied or reversed, the court of first instance w.e.f. . 3. subs. by s. 48, ibid., for such part thereof as has been varied or reversed w.e.f. . 4. subs. by s. 48, ibid., for consequential on such variation or reversal w.e.f. . 5. ins. by. s. 48, ibid. w.e.f. .

section 139. of the code of civil procedure : in the case of any affidavit under this code a any court or magistrate, or 1aa any notary appointed under the notaries act, 53 of or b any officer or other person whom a high court may appoint in this behalf, or c any officer appointed by any other court which the state government has generally or specially empowered in this behalf, may administer the oath to the deponent. 1. ins. by act 104 of , s. 46 w.e.f. .

section 140. of the code of civil procedure : 1 in any admiralty or viceadmiralty cause of salvage to wage or collision the court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors and such assessors shall attend and assist accordingly. 2 every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the court may direct or as may be prescribed.

section 141. of the code of civil procedure : the procedure provided in this code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction. 1explanation. in this section, the expression proceedings includes proceedings under order ix, but does not include anyproceedings under article 226 of the constitution. 1. ins. by, s. 47, ibid. w.e.f .

section 142. of the code of civil procedure : all orders and notices served on or given to any person under the provisions of this code shall be in writing.

section 143. of the code of civil procedure : postage, where chargeable on a notice, summons or letter issued under this code and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed before the communication is made: provided that the state government 1 may remit such postage, or fee, or both, or may prescribe a scale of courtfees to be levied in lieu thereof. 1. the words with the previous sanction of the g.g, in c. omitted by act 38 of , s 2 and the first schedule i, pt. i

section 145. of the code of civil procedure : where any person 1 has furnished security or given a guarantee a for the performance of any decree or any part thereof, or b for the restitution of any property taken in execution of a decree, or c for the payment of any money, or for the fulfilment of any condition imposed on any person, under an order of the court in any suit or in any proceeding consequent thereon, 2 the decree or order may be executed in the manner therein provided for the execution of decrees, namely: i if he has rendered himself personally liable, against him to that extent ii if he has furnished any property as security, by sale of such property to the extent of the security iii if the case falls both under clauses i and ii then to the extent specified in those clauses, and such person shall, be deemed to be a party within the meaning of section 47: provided that such notice as the court in each case thinks sufficient has been given to the surety. 1. subs. by act 104 of , s. 49, for has become liable as surety w.e.f. .. 2. subs. by s. 49, ibid for certain words w.e.f. .

section 146. of the code of civil procedure : save as otherwise provided by this code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person then the proceeding may be taken or the application may be made by or against any person claiming under him.

section 151. of the code of civil procedure : nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

section 147. of the code of civil procedure : in all suits to which any person under disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the express leave of the court by the next friend or guardian for the suit, have the same force and effect as if such person, were under no disability and had given such consent or made such agreement.

section 148. of the code of civil procedure : where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, 1 not exceeding thirty days in total, even though the period originally fixed or granted may have expired. 1. ins. by act 46 of , s. 13 w.e.f. .

section 148a. of the code of civil procedure : 1148 a. right to lodge a caveat. 1where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a court , any person claiming a right to appear before the court on the hearing of such application may lodge a caveat in respect thereof. 2 where a caveat has been lodged under subsection 1, the person by whom the caveat has been lodged hereinafter referred to as the caveator shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been, or is expected to be, made, under subsection 1. 3 where, after a caveat has been lodged under subsection 1, any application is filed in any suit or proceeding, the court, shall serve a notice of the application on the caveator. 4 where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveators expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application. 5 where a caveat has been lodged under subsection 1, such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in subsection 1 has been made before the expiry of the said period. 1. ins. by act 104 of , s. 50 w.e.f. .

section 149. of the code of civil procedure : where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to courtfees has not been paid, the court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such courtfee and upon such payment the document, in respect of which fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.

section 150. of the code of civil procedure : save as otherwise provided, where the business of any court is transferred to any other court, the court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this code upon the court from which the business was so transferred.

section 152. of the code of civil procedure : clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the court either of its own motion or on the application of any of the parties.

section 153. of the code of civil procedure : the court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

section 157. of the code of civil procedure : notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under act viii of or under any code of civil procedure or any act amending the same or under any other enactment hereby repealed shall, so far as they are consistent with this code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this code and by the authority empowered thereby in such behalf.

section 153a. of the code of civil procedure : 1153a. power to amend decree or order where appeal is summarily dismissed. where an appellate court dismisses an appeal under rule 11 of order xli, the power of the court to amend, under section 152, the decree or order appealed against may be exercised by the court which had passed the decree or order in the first, instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the court of first instance. 1. ins. by act 104 of . s. 51 w.e.f. .

section 153b. of the code of civil procedure : the place in which any civil court is held for the purpose of trying any suit shall be deemed to be an open court, to which the public generally may have access so far as the same can conveniently contain them: provided that the presiding judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the court.

section 154.. of the code of civil procedure : saving of present right of appeal. rep. by the repealing and amending act, 48 of , s. 2 and the first schedule.

section 155.. of the code of civil procedure : amendment of certain acts. rep. by s. 2 and the first schedule, ibid.

section 158. of the code of civil procedure : in every enactment or notification passed or issued before the commencement of this code in which reference is made to or to any chapter or section of act viii of or any code of civil procedure or any act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, ben to be made to this code or to its corresponding part, order, section or rule.

section 156.. of the code of civil procedure : repeals. rep. by the second repealing and amending act, 17 of. s. 3 and the second schedule.

section 8. of the salar jung museum act : show related subordinates 1 before nominating a person to be a member of the board, the central government or the state government, as the case may be, shall satisfy itself that the person will have no such financial or other interest as is likely to affect prejudicially the exercise or performance by him of his functions as a member of the board, and the central government or the state government, as the case may be, shall also satisfy itself from time to time with respect to every member of the board nominated by it that he has no such interest and any person who is or whom the central government or the state government, as the case may be, proposes to nominate, and who has consented to be, a member of the board shall, whenever requested by the central or state government so to do, furnish to it such information as that government considers necessary for the performance by it of its duties under this subsection. 2 a nominated member who is in any way, directly or indirectly, interested in a contract made, or proposed to be made, by the board shall, as soon as possible, after relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the board and the disclosure shall be recorded in the minutes of the board and the member shall not take any part after the disclosure in any deliberation or decision of the board with respect to that contract.

section 1. of the salar jung museum act : show related subordinates 1 this act may be called the salar jung museum act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st july, , vide notification no. g.s.r. 817, dated 15th june, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the salar jung museum act : show related subordinates 1 if any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the central government or the state government, as the case may be, may nominate another person to act in his place during his absence. 2 no act of the board shall be invalid merely by reason of a any vacancy in, or defect in the constitution of, the board, or b any defect in the nomination of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 2. of the salar jung museum act : show related subordinates it is hereby declared that the salar jung museum together with the salar jung library at hyderabad in the state of andhra pradesh is an institution of national importance.

section 3. of the salar jung museum act : show related subordinates in this act, unless the context otherwise requires, a board means the board established under section 4 b chairman means the chairman of the board c fund means the fund referred to in section 19 d member means a member of the board and includes the chairman e museum means the salar jung museum together with the salar jung library, declared to be an institution of national importance under this act f prescribed means prescribed by rules made under this act g state government means the government of andhra pradesh.

section 9. of the salar jung museum act : show related subordinates 1 the board shall meet at such times and places and shall, subject to the provisions of subsections 2, 3 and 4, observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made under this act. 2 the chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the board. 3 if any of the members referred to in clauses b, c, d and e of section 5 is unable to attend any meeting of the board, he may, with the previous approval of the chairman, authorise any person in writing to do so. 4 all questions at a meeting of the board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the chairman or, in his absence, the member presiding shall have a second or casting vote.

section 11. of the salar jung museum act : show related subordinates all orders and decisions of the board shall be authenticated by the signature of the chairman or any other member authorised by the board in this behalf, and all other instruments issued by the board shall be authenticated by the signature of an officer of the board authorised in like manner in this behalf.

section 4. of the salar jung museum act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established for the purposes of this act a board to be known as the salar jung museum board. 2 the board shall be a body corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may by that name sue and be sued. 3 notwithstanding anything contained in subsection 2, the board shall not, except with the previous approval of the central government, sell or otherwise dispose of any article or thing specified in part i or part ii of the schedule.

section 5. of the salar jung museum act : show related subordinates 1 the board shall consist of the following persons, namely: a the governor of andhra pradesh, ex officio chairman b the secretary to the government of india in the ministry concerned with matters relating to the museum, ex officio c the mayor of the corporation of hyderabad, ex officio d the vicechancellor of the osmania university, ex officio e the accountantgeneral, andhra pradesh, ex officio f a person to be nominated by the central government, who shall be a member of the family of the late nawab salar jung bahadur who died on the 2nd day of march, g three persons to be nominated by the central government who shall as far as possible be persons having knowledge of, and experience in, matters relating to the administration of museums and libraries h two persons to be nominated by the state government. 2 every nomination under this section shall take effect as soon as it is notified by the central government in the official gazette.

section 10. of the salar jung museum act : show related subordinates 1 the board may associate with itself in such manner and for such purposes as may be provided by regulations made under this act any person whose assistance or advice it may desire in performing any of its functions under this act. 2 a person associated with it by the board under subsection 1 for any purpose shall have the right to take part in the discussions of the board relating to that purpose, but shall not by virtue of this section be entitled to vote.

section 6. of the salar jung museum act : show related subordinates 1 the term of office of nominated members shall be such as may be prescribed. 2 any nominated member may resign his office by giving notice in writing to the central government, and on such resignation being notified by the central government in the official gazette, shall be deemed to have vacated his office. 3 a casual vacancy created by the resignation of a nominated member under subsection 2 or for any other reason may be filled by fresh nomination. 4 an outgoing member shall be eligible for renomination.

section 12. of the salar jung museum act : show related subordinates 1 subject to the provisions of subsection 2, the board may, for the purpose of enabling it efficiently to perform its functions under this act, appoint such number of officers and other employees as it may think fit. 2 the recruitment and conditions of service of such officers and employees shall be such as may be provided by regulations made under this act.

section 13. of the salar jung museum act : show related subordinates subject to the provisions of this act, every person employed in the museum immediately before the date of establishment of the board shall, on and from such date, become an employee of the board with such designation as the board may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held the same on such date if the board had not been established and shall continue to do so unless and until his employment in the board is terminated or until such tenure, remuneration and terms and conditions are duly altered by the board: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 14. of the salar jung museum act : show related subordinates the museum shall be located at hyderabad.

section 15. of the salar jung museum act : show related subordinates 1 it shall be the general duty of the board to manage the museum efficiently and to plan, promote, organise and implement programmes for the development of the museum and to perform such other functions as the central government may, from time to time, assign to the board. 2 in particular, and without prejudice to the generality of the foregoing provision, the board may take such steps as it thinks fit a for providing for instruction and research in matters relating to museums and libraries and for the advancement of learning and dissemination of knowledge in such matters and b to do all such other things as may be necessary for the discharge of its functions under this act.

section 19. of the salar jung museum act : show related subordinates 1 the board shall maintain a fund to which shall be credited a all moneys paid by the central government b all fees and other charges levied under this act c all moneys received by the board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer d all other moneys received by the board in any other manner or from any other source. 2 the board may expend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund. 3 a sum of money not exceeding such amount as may be provided by regulations made under this act may be kept in current account with any scheduled bank as defined in section 2 of the reserve bank of india act, 2 of or any other bank approved by the central government in this behalf, but any moneys in excess of that sum shall be deposited in the reserve bank of india or with the agents of the reserve bank of india or invested in such manner as may be approved by the central government.

section 16. of the salar jung museum act : show related subordinates 1 subject to such conditions and restrictions as the central government may think fit to impose, the board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its duties under this act. 2 subject to such regulations as may be made by the board in this behalf, the board may, from time to time, a purchase or otherwise acquire such articles or things as may, in the opinion of the board, be worthy of preservation in the museum or b exchange, sell, or destroy any such article or thing as is purchased or acquired under clause a or c lend within india any article or thing specified in part i or part ii of the schedule, or lend, whether within or without india, any such article or thing as is purchased or acquired under clause a.

section 17. of the salar jung museum act : show related subordinates the properties specified in parts i, ii and iii of the schedule, being properties which by virtue of the decree passed in c.s. no. 13 of on the file of the high court of andhra pradesh vested absolutely in the central government, shall, on and from the date of the establishment of the board, vest in the board.

section 18. of the salar jung museum act : show related subordinates for the purpose of enabling the board to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the board in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise.

section 20. of the salar jung museum act : show related subordinates 1 the board shall, by such date in each year as may be specified by the central government, submit to it for approval a budget for the next financial year in the form specified by it, showing the estimated receipts and expenditure, and the sums which would be required from the central government during the next financial year. 2 if any sum granted by the central government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the central government for that year. 3 subject to the provisions of subsection 4, no sum shall be expended by or on behalf of the board, unless the expenditure is covered by provision in the budget approved by the central government. 4 subject to such conditions and restrictions as the central government may think fit to impose, the board may sanction any reappropriation from one head of expenditure to another or from a provision made for one purpose to that for another purpose.

section 27. of the salar jung museum act : show related subordinates 1 the central government may, after consultation with the board, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of, and the manner of filling casual vacancies among, the members nominated under clauses f, g and h of subsection 1 of section 5 b the travelling and other allowances payable to a member other than the chairman c the disqualifications for membership of the board and the procedure to be followed in removing a member who is or becomes subject to any disqualification d the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the board e the fees to be levied for admission to the museum f any other matter which has to be, or may be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 20 of , s. 2 and the schedule, for the certain words w.e.f. .

section 21. of the salar jung museum act : show related subordinates 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be specified, and in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the board, and the museum. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government.

section 22. of the salar jung museum act : show related subordinates 1 the board shall furnish to the central government at such time and in such form and in such manner as the central government may direct, such returns, statements and particulars as the central government may from time to time require. 2 without prejudice to the provisions of subsection 1, the board shall, as soon as possible after the commencement of each financial year, submit to the central government within such time as may be specified by the central government a report giving a true and full account of the activities of the board during the previous financial year and an account of the activities likely to be undertaken during the current financial year.

section 24. of the salar jung museum act : show related subordinates the board may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, officer or employee of the board specified in this behalf in the order.

section 23. of the salar jung museum act : show related subordinates 1 in the discharge of its functions under this act, the board shall be bound by such directions on questions of policy as the central government may give to it from time to time: provided that the board shall be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 28. of the salar jung museum act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations, not inconsistent with this act and the rules made thereunder, for enabling it to discharge its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any or the following matters, namely: a the conditions and restrictions subject to which articles and things vested in the board may be given on loan b the recruitment and conditions of service of officers and employees of the board c the time and place of meetings of the board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at a meeting d the maintenance of minutes of meetings of the board and the transmission of copies thereof to the central government e the appointment of subcommittees, or the association of persons by the board, for the purpose of assisting or advising it in performing its functions under this act f the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the board g the maximum amount that may be kept in the current account h the maintenance of registers and accounts i the compilation of catalogues and inventories of the books, manuscripts and other articles and things in the museum j the steps to be taken for the preservation of the books, manuscripts and other articles and things in the museum k the general management of the museum l the fees to be levied for purposes other than admission to the museum m any other matter in respect of which provision is, in the opinion of the board, necessary for the performance of its functions under this act. 3 the central government may, after consultation with the board, by notification in the official gazette, amend, vary or rescind any regulation which it has approved and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the board under subsections 1 and 2. 14 every regulation made under this act and every notification issued under subsection 3 shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or notification or both houses agree that the regulation or notification should not be made, the regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or notification. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 25. of the salar jung museum act : show related subordinates all officers and employees of the board shall, when acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 26. of the salar jung museum act : show related subordinates no suit, prosecution or other legal proceeding shall lie against the board or any member, officer or employee of the board for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder.

section 7a. of the delhi university act : 1 7a. visitor.1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the university, its buildings, laboratories and equipment and of any institution maintained by the university, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the university. 3 the visitor shall in every case give notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 4 the visitor may address the vicechancellor with reference to the result of such inspection and inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 5 the executive council shall communicate through the vicechancellor to the visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. 6 where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall be bound to comply with such directions. 7 without prejudice to the foregoing provisions of this section the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order he shall call upon the university to show cause why such an order should not be made and, if any cause is shown within a reasonable time shall consider the same. 1. ins. by s. 8, ibid.

section 1. of the delhi university act : 1 this act may be called the delhi university act, . 2 it shall come into force on such1 date as the central government may, by notification in the official gazette, direct. 1. 1st may, , see gen. r. o., vol. v, p. 49 gazette of india, , pt. i, p. 384.

section 2. of the delhi university act : in this act and in the statutes, unless there is anything repugnant in the subject or context, 1a college means an institution maintained or admitted to its privileges by the university, and includes an affiliated college and a constituent college explanation iaffiliated college means an institution recognized by the university in accordance with the provisions of this act and the statutes in which instruction is provided in accordance with the provisions of the statutes and ordinances up to the bachelors degree but exclusive of honours and postgraduate degrees explanation ii.constituent college means an institution recognized as such by the executive council in accordance with the provisions of this act and the statutes b hall means a unit of residence for students of the university provided, maintained or recognized by it. c patron of the university means a person who has made a donation of not less than one lakh of rupees to the funds of the university, and has been declared by the chancellor to be a patron of the university d principal means the head of a college 2and includes, when there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or the acting principal, a viceprincipal duly appointed as such 3 f statutes, ordinances and regulations means, respectively, the statutes, ordinances and regulations of the university made under this act g teachers includes professors, readers, lecturers and other persons imparting instruction in the university or in any college or hall 4h teachers of the university means persons appointed or recognized by the university for the purpose of imparting instruction in the university or in any college i university means the university of delhi and j warden means the head of a hall. 1. subs. by act 5 of , s. 3, for clauses a and b. 2. added by act 24 of , s. 2. 3. clause e omitted by act 5 of , s. 3. 4. subs. by s. 3, ibid., for clause h.

section 7. of the delhi university act : 1 all recognized teaching in connection with the university courses shall be conducted under the control of the academic council by teachers of the university, and shall include lecturing, laboratory work and other teaching conducted in accordance with any syllabus prescribed by the regulations. 1 3 the authorities responsible for organizing such teaching shall be prescribed by the statutes. 4 the courses and curricula shall be prescribed by the ordinances and, subject thereto, by the regulations. 2 1. subsection 2 rep. by act 24 of , s. 4. 2. subsection 5 omitted by act 5 of , s. 7

section 3. of the delhi university act : 1 the first chancellor and the first vicechancellor of the university and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the university of delhi. 2 the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

section 7b. of the delhi university act : 17b. chief rector and rectors. 1 the chief commissioner of the 2union territory of delhi shall be the chief rector of the university. 2 such persons, as may be appointed in this behalf in accordance with the statutes, shall be rectors of the university. 1. ins. by s. 8, ibid. 2. subs. by the adaptation of laws no. 3 order, , for state of delhi.

section 4. of the delhi university act : the university shall have the following powers, namely: 1 to provide for instruction in such branches of learning as the university may think fit, and to make provision for research and for the advancement and dissemination of knowledge. 12 to hold examinations and to grant to, and confer degrees and other academic distinctions on, persons who a have pursued a course of study in the university or in any college, or b are noncollegiate women students residing within the territorial jurisdiction of the university, or c are teachers in educational institutions under conditions laid down in the statutes and ordinances and have passed the examinations of the university under like conditions, 2or 2d have pursued a course of study by correspondence, whether residing within the territorial jurisdiction of the university or not, 3or 3e have been registered by the university, subject to such conditions as may be laid down in the statutes and ordinances, as external candidates, being persons residing within the territorial limits to which the powers of the university extend,. 3 to confer honorary degrees or other distinctions on approved persons in the manner laid down in the statutes, 4 to grant such diplomas to, and to provide such lectures and instruction for, persons not being members of the university, as the university may determine, 5 to cooperate with other universities and authorities in such manner and for such purposes as the university may determine, 6 to institute professorships, readerships, lecturerships and any other teaching posts required by the university, 7 to appoint or recognise persons as professors, readers or lecturers, or otherwise as teachers of the university, 8 to institute and award fellowships, scholarships, exhibitions and prizes 4 59 to maintain colleges and halls, to admit to its privileges colleges not maintained by the university and to withdraw all or any of those privileges, and to recognize halls not maintained by the university and to withdraw any such recognition, 69a to declare, with the consent of the colleges concerned, in the manner specified by the academic council, colleges conducting courses of study in the faculties of medicine, technology, music or fine arts, as autonomous colleges: provided that the extent of the autonomy which each such college may have, and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the statutes 9b to set up one or more college administrative councils for two or more colleges with such composition, powers and functions as may be laid down in the statutes, 10 to demand and receive payment of such fees and other charges as may be authorized by the ordinances, 11 to supervise and control the residence and discipline of students of the university, and to make arrangements for promoting their health and general welfare, 711a to make grants from the funds of the university for assistance to forms of extramural teaching, 812 to make special arrangements in respect of the residence, discipline and teaching of women students, 912a to acquire, hold, manage and dispose of property movable or immovable, including trust or endowed property, for the purposes of the university, 12b with the approval of the central government, to borrow, on the security of university property, money for the purposes of the university, 1012c to create administrative and ministerial and other necessary posts and to make appointments thereto, and 13 to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the university as a teaching and examining body, and to cultivate and promote arts, science and other branches of learning 1. subs. by act 5 of , s. 4, for clause 2. 2. ins. by act 61 of , s. 2 w.e.f. . 3. ins. by act 35 of , s. 2 w.e.f. . 4. the words in accordance with the statutes and the regulations omitted by act 5 of , s. 4. 5. subs. by s. 4, ibid., for clause 9. 6. ins. by act 48 of , s. 2 w.e.f. . 7. ins. by act 24 of , s. 3. 8. subs. by act 5 of , s. 4, for clause 12. 9. ins. by act 61 of , s. 2 w.e.f. . 10. clause 12a renumbered as clause 12c by s. 2, ibid. w.e.f. .

section 8. of the delhi university act : the following shall be the officers of the university: i the chancellor, ii the prochancellor, iii the vicechancellor, 1iv the provicechancellor, if any, vi the treasurer, viithe registrar, viii the deans of the faculties, and ix such other persons in the service of the university as may be declared by the statutes to be officers of the university. 1. subs. by act 5 of , s. 9, for item iv.

section 5. of the delhi university act : 1 save as otherwise provided in this act, the powers of the university conferred by or under this act 1other than those conferred by subclause d of clause 2 of section 4 shall not extend 2beyond the limits of the 3union territory of delhi, and notwithstanding anything in any other law for the time being in force, no educational institution beyond 4those limits shall be associated with or admitted to any privileges of the university. 5 61a notwithstanding anything contained in subsection 1, the central government may, if it is of opinion that it is necessary or expedient so to do in the public interest, direct, by order in writing, the university to admit to its privileges any institution situated outside india and the university shall be bound to comply with such direction. 2 notwithstanding anything in any other law for the time being in force 7but subject to the provisions contained in the jawaharlal nehru university act, 53 of , no educational institution within the 8aforementioned limits shall be associated in any way with or be admitted to any privileges of any other university incorporated by law in the states, and any such privileges granted by any such other university to any educational institution within 9those limits prior to the commencement of this act shall be deemed to be withdrawn on the commencement of this act: provided that the central government may, by order10 in writing, direct that the provisions of this subsection shall not apply in the case of any institution specified in the order. 11provided further that provisions of this subsection shall not apply in the case of any educational institution affiliated to the indraprastha vishwavidyalaya incorporated under the indraprastha vishwavidyalaya act, . 1. ins. by s. 3,ibid. w.e.f. . 2. subs. by act 5 of , s. 5, for beyond a radius of ten miles from the convocation hall of the university. 3. subs. by the adaptation of laws no. 3 order, , for state of delhi. 4. subs. by act 5 of , s. 5, for that limit. 5. proviso omitted by s. 5, ibid. 6. ins. by act 27 of , s. 2 w.e.f. . 7. ins. by act 53 of , s. 27 w.e.f. . 8. subs. by act 5 of , s. 5, for aforementioned limit. 9. subs. by s. 5, ibid., for that limit. 10. for notifications directing that the provisions of this subsection shall not apply to certain institutions, see gazette of india, , pt. i, p. 491 and, ibid., , pt. i, pp. 259, 459 and 498. 11. ins. by act 43 of , s. 5 w.e.f. .

section 6. of the delhi university act : the university shall be open to all persons of either sex and of whatever race, 1creed, caste or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except 2 in respect of any particular benefaction accepted by the university, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction: provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the ordinances to those 3who have consented to receive it. 1. subs. by act 5 of , s. 6, for creed or class. 2. the words where such test is specially prescribed by the statutes, or, omitted by s. 6, ibid. 3. subs. by s. 6, ibid., for not unwilling to receive it by persons whether teachers of the university or not approved for that purpose by the executive council.

section 11.. of the delhi university act : the vicechancellor. omitted by s. 10, ibid.

section 9.. of the delhi university act : the chancellor.omitted by the delhi university amendment act, 5 of , s. 10.

section 15.. of the delhi university act : the registrar. omitted by s. 10, ibid

section 17. of the delhi university act : the following shall be the authorities of the university: i the court, ii the executive council, iii the academic council, 1iiia the finance committee, iv the faculties, and v such other authorities as may be declared by the statutes to be authorities of the university. 1. ins. by act 5 of , s. 12.

section 12.. of the delhi university act : power and duties of the chancellor. omitted by s. 10, ibid.

section 13.. of the delhi university act : the rector. omitted by s. 10, ibid.

section 10.. of the delhi university act : the prochancellor. omitted by s. 10, ibid.

section 19.. of the delhi university act : meeting of the court. omitted by the delhi university amendment act, 5 of , s. 14.

section 14.. of the delhi university act : the treasurer. omitted by s. 10, ibid.

section 16. of the delhi university act : 116. powers and duties of officers, etc. subject to the provisions of this act, the powers and duties of the officers of the university, the terms for which they shall hold office and the filling of casual vacancies in such offices shall be provided for by the statutes. 1. subs. by s. 11, ibid., for section 16.

section 18. of the delhi university act : 118. the court.the court shall be the supreme authority of the university and shall have the power to review the acts of the executive council and the academic council save when these authorities have acted in accordance with the powers conferred upon them under this act, the statutes or the ordinances and shall exercise all the powers of the university not otherwise, provided for by this act or the statutes. 1. subs. by s. 13, ibid., for section 18.

section 23. of the delhi university act : the academic council shall be the academic body of the university, and shall, subject to the provisions of this act, the statutes and the ordinances, have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examination within the university, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes. it shall have the right to advise the executive council on all academic matters. the constitution of the academic council and the term of office of its members, other than ex officio members, shall be prescribed by the statutes.

section 20.. of the delhi university act : powers and duties of the court. omitted by s. 14 ibid.

section 26. of the delhi university act : the university shall include a residence, health and discipline board and such other boards as may be prescribed by the statutes.

section 21. of the delhi university act : the executive council shall be the executive body of the university and its constitution and the terms of office of its members, other than ex officio members, shall be prescribed by the statutes.

section 22.. of the delhi university act : powers and duties of the executive council. omitted by the delhi university amendment act, 5 of , s. 14.

section 28. of the delhi university act : 128. statutes.subject to the provisions of this act, statutes may provide for all or any of the following matters, namely: a the constitution, powers and duties of the court, the executive council, the academic council, the finance committee and such other bodies as may be deemed necessary to constitute from time to time b the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members and all other matters relative to those bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university d the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the university e the conferment of honorary degrees f the withdrawal of degrees, diplomas, certificates and other academic distinctions g the establishment and abolition of faculties, departments, halls, colleges and institutions h the conditions under which colleges and other institutions may be admitted to the privileges of the university and the withdrawal of such privileges 2hh the extent of the autonomy which a college, declared as an autonomous college under clause 9a of section 4, may have and the matters in relation to which such autonomy may be exercised hhh the composition, powers and functions of college administrative councils i the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes and j all other matters which by this act are or may be provided for by the statutes. 1. subs. by act 5 of , s. 16, for section 28. 2. ins. by act 48 of , s. 3 w.e.f. .

section 24.. of the delhi university act : the faculties. omitted by the delhi university amendment act, 5 of , s. 14.

section 31. of the delhi university act : show related subordinates 1 the ordinances of the university as in force immediately before the commencement of the delhi university amendment act, 5 of , may be amended, repealed or added to at any time by the executive council: provided that i no ordinance shall be made affecting the conditions of residence or discipline of students, except after consultation with the academic council ii no ordinance shall be made a affecting the admission or enrolment of students or prescribing examinations to be recognised as equivalent to the university examinations, or b affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, unless a draft of such ordinance has been proposed by the academic council. 2 the executive council shall not have power to amend any draft proposed by the academic council under the provisions of subsection 1 but may reject the proposal or return the draft to the academic council for reconsideration, either in whole or in part, together with any amendments which the executive council may suggest. 3 where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may appeal to the central government and the central government may, by order, direct that the proposed ordinance shall be laid before the next meeting of the court for its approval and that pending such approval it shall have effect from such date as may be specified in the order: provided that if the ordinance is not approved by the court at such meeting, it shall cease to have effect. 4 all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor and the court, and shall be considered by the court at its next meeting and the court shall have power, by a resolution passed by a majority of not less than twothirds of the members voting, to cancel any ordinance made by the executive council, and such ordinance shall from the date of such resolution cease to have effect. 5 the visitor may, by order, direct that the operation of any ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this subsection shall cease to have effect on the expiration of one month from the date of such order or on the expiration of fifteen days from the date of consideration of the ordinance by the court, whichever period expires later. 6 the visitor may, at any time after an ordinance has been considered by the court, signify to the executive council his disallowance of such ordinance, and from the date of receipt by the executive council of intimation of such disallowance such ordinance shall cease to have effect.

section 25. of the delhi university act : 125. powers and duties of authorities of the university. subject to the provisions of this act, the constitution, powers and duties of the authorities of the university shall be provided for by the statutes. 1. subs. by s. 15, ibid., for section 25.

section 27., of boards to be prescribed by ordinances. of the delhi university act : the constitution, powers and duties of the residence, health and discipline board and of all other boards of the university shall he prescribed by the ordinances.

section 29. of the delhi university act : show related subordinates 11 on the commencement of the delhi university amendment act, 24 of , the statutes of the university shall be those set out in the schedule. 22 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes: provided that the executive council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council: provided further that except with the prior concurrence of the academic council, the executive council shall not make, amend or repeal any statute affecting all or any of the following matters, namely: i the constitution, powers and duties of the academic council, and the other powers which may be conferred, and duties which may be imposed, on the academic council ii the authorities responsible for organizing recognised teaching in connection with the university courses iii the withdrawal of degrees, diplomas, certificates and other academic distinctions iv the establishment and abolition of faculties, departments, halls, colleges and institutions v the conditions under which colleges and other institutions may be admitted to the privileges of the university and the withdrawal of such privileges vi the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes vii the extent of the autonomy which a college may have and the matters in relation to which such autonomy may be exercised viii the composition, powers and functions of college administrative councils and ix the conditions on the fulfilment of which the teachers of colleges and institutions may be recognised as teachers of the university. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or return it to the executive council for further consideration. 1. subs. by act 24 of , s. 9, for subsection 1. 2. subs. by act 48 of , s. 4, for subsections 2 to 6 w.e.f. .

section 30. of the delhi university act : 130. ordinances.subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the degrees, diplomas, certificates and other academic distinctions to be awarded by the university, the qualifications for the same, and the means to be taken relating to the granting and obtaining of the same d the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university e the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes f the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators g the maintenance of discipline among the students of the university h the conditions of residence of students at the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses of study j the giving of religious instruction k the emoluments and the terms and conditions of service of teachers of the university l the management of colleges and other institutions founded or maintained by the university m the supervision and inspection of colleges and other institutions admitted to privileges of the university and n all other matters which by this act or the statutes are to be or may be provided for by the ordinances. 1. subs. by act 5 of , s. 18, for sections 30 and 31.

section 32. of the delhi university act : show related subordinates 1 the authorities 1 of the university may make regulations consistent with this act, the statutes, and the ordinances a laying down the procedure to be observed at their meetings and the number of members required to form a quorum b providing for all matters which by this act, the statutes or the ordinances are to be prescribed by regulations and c providing for all other matters solely concerning such authorities 2or committees appointed by them and not provided for by this act, the statutes or the ordinances. 2 every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings, and for keeping of a record of the proceedings of meetings. 3 the executive council may direct the amendment, in such manner as it may specify, of any regulation made under this section or the annulment of any regulation made under subsection 1: provided that any authority or board of the university which is dissatisfied with any such direction may appeal to the 3court, whose decision in the matter shall be final. 44 every statute, ordinance or regulation made under this act shall be published in the official gazette. 5 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that the statute, ordinance or regulation. 1. the words and the board omitted by act 5 of , s. 19. 2. subs. by s. 19, ibid., for and boards. 3. subs. by act 5 of , s. 19, for central government. 4. ins. by act 4 of , s. 32 w.e.f. .

section 33. of the delhi university act : every student of the university 1other than a student who pursues a course of study by correspondence shall reside in a college or a hall, or under such conditions as may be prescribed by 2 the ordinances. 1. ins. by act 61 of , s. 4 w.e.f. . 2. the words the statutes and omitted by act 5 of , s. 20.

section 34. of the delhi university act : 11 the colleges shall be such as may, after the commencement of the delhi university amendment act, 24 of be recognised by the executive council in accordance with this act and the statutes, but shall include all colleges recognised at the commencement of the said act as colleges of the university so long as such recognition continues. 2 the conditions of residence in the colleges shall be prescribed by the ordinances, and every college shall be subject to inspection by any member of the residence, health and discipline board authorised in this behalf by the board and by any officer of the university authorised in this behalf by the executive council. 1. subs. by act 24 of , s. 10, for subsection 1.

section 41. of the delhi university act : if any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the chancellor, whose decision thereon shall be final.

section 35. of the delhi university act : 1 the halls shall be such as may be maintained by the university or approved and recognised by the executive council on such general or special conditions as may be prescribed by the ordinances. 2 the wardens and superintending staff of the halls shall be appointed in the manner prescribed by the 1ordinances. 3 the conditions of residence in the halls shall be prescribed by the ordinances, and every hall shall be subject to inspection by any member of the residence, health and discipline board authorised in this behalf by the board and by any officer of the university or other person authorised in this behalf by the executive council. 4 the executive council shall have power to suspend or withdraw the recognition of any hall which is not conducted in accordance with the conditions prescribed by the ordinances. 1. subs. by act 5 of , s. 21, for statutes.

section 36.. of the delhi university act : admission to university courses omitted by the delhi university amendment act, 5 of , s. 22.

section 37.. of the delhi university act : examinations. omitted by s. 22, ibid.

section 42. of the delhi university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 38. of the delhi university act : 11 the annual report of the university shall be prepared under the direction of the executive council, and shall be submitted to the court on or before such date as may be prescribed by the statutes, and shall be considered by the court at its annual meeting. the court may pass resolutions thereon and communicate the same to the executive council. 22 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. section 38 renumbered as subsection 1 thereof by act 25 of , s. 4 w.e.f. . 2. ins. by s.4, ibid. w.e.f. .

section 39. of the delhi university act : 139. audit of accounts. 1 the accounts of the university shall, once at least in every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india. 2 the accounts, when audited, shall be published in the gazette of india, and a copy of the accounts together with the audit report shall be submitted by the university to the visitor. 23 a copy of the accounts, together with the audit report, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. subs. by s. 23, ibid., for section 39. 2. ins. by act 25 of , s. 5. w.e.f.

section 40.. of the delhi university act : removal of names of registered graduates. rep. by the delhi university amendment act, 5 of , s. 24.

section 48.. of the delhi university act : completion of courses for students at delhi colleges. omitted by s. 15, ibid.

section 43. of the delhi university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant, and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 44. of the delhi university act : no act or proceeding of any authority or other body of the university shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

section 45. of the delhi university act : 145. conditions of service of officers and teachers. 1 every salaried officer and teacher of the university shall be appointed under a written contract, which shall be lodged with the university and a copy thereof shall be furnished to the officer or teacher concerned. 2 any dispute arising out of a contract between the university and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the university, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the officer or teacher concerned and an umpire appointed by the visitor, and the decision of the tribunal shall be final. 1. subs. by act 5 of , s. 25, for section 45.

section 47.. of the delhi university act : removal of difficulties. omitted by the delhi university amendment act, 24 of , s. 15.

section 46. of the delhi university act : 1 the university shall constitute, for the benefit of its officers, teachers, clerical staff and servants, in such manner and subject to such conditions as may be prescribed by the statutes, such pension, insurance and provident funds as it may deem fit. 2 where any such pension, insurance or provident fund has been so constituted, 1or where any such pension, insurance or provident fund has been constituted by a college under rules which have been approved by the central government, the central government may declare that the provisions of the provident funds act, 2 19 of , shall apply to such funds, as if it were a government provident fund. 3 1. ins. by act 24 of , s. 14. 2. subs. by act 32 of , s. 3, for . 3. the heading transitory provisions omitted by act 24 of , s. 15.

section 7. of the delhi development act : 1 the authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, delhi. 2 the master plan shall a define the various zones into which delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used whether by the carrying out thereon of development or otherwise and the stages by which any such development shall be carried out and b serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared. 13 the master plan may provide for any other matter which is necessary for the proper development of delhi. 1. ins. by act 56 of , s. 6 w.e.f. .

section 1. of the delhi development act : show related subordinates 1 this act may be called the delhi development act, . 2 it extends to the whole of the 1national capital territory of delhi. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1 subs. by act 36 of , s. 2, for union territory of delhi w.e.f. . 2 30th december, , vide notification no. s. r. o. 120, dated 30th december, , see gazette of india, extraordinary, part. ii, sec. 3.

section 6. of the delhi development act : the objects of the authority shall be to promote and secure the development of delhi according to plan and for that purpose the authority shall have the power to acquire, hold, manage and dispose of land and other property, to carry out building, engineering, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto: provided that save as provided in this act, nothing contained in this act shall be construed as authorising the disregard by the authority of any law for the time being in force.

section 2. of the delhi development act : in this act, unless the context otherwise requires, a amenity includes road, water supply, street lighting, drainage, sewerage, public works and such other convenience as the central government may, by notification in the official gazette, specify to be an amenity for the purposes of this act b building includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not c building operations includes rebuilding operations, structural alterations of or additions to buildings and other operations normally undertaken in connection with the construction of buildings d development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land and includes redevelopment e development area means any area declared to be a development area under subsection 1 of section 12 f engineering operations includes the formation or laying out of means of access to a road or the laying out of means of water supply g means of access includes any means of access whether private or public, for vehicles or for foot passengers, and includes a road h regulation means a regulation made under this act by the delhi development authority constituted under section 3 i rule means a rule made under this act by the central government j to erect in relation to any building includes i any material alteration or enlargement of any building, ii the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation, iii the conversion into more than one place for human habitation of a building originally constructed as one such place, iv the conversion of two or more places of human habitation into a greater number of such places, v such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security, vi the addition of any rooms, buildings, houses or other structures to any building, and vii the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land k zone means any one of the divisions in which delhi may be divided for the purposes of development under this act 1l the expression land shall have the meaning assigned to it in section 3 of the land acquisition act, 1 of . 1. subs. by act 56 of , s. 2, for clause l w.e.f. .

section 8. of the delhi development act : 1 simultaneously with the preparation of the master plan or as soon as may be thereafter, the authority shall proceed with the preparation of a zonal development plan for each of the zones into which delhi may be divided. 2 a zonal development plan may a contain a siteplan and useplan for the development of the zone and show the approximate locations and extents of landuses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open spaces and other categories of public and private uses b specify the standards of population density and building density c show every area in the zone which may, in the opinion of the authority, be required or declared for development or redevelopment and d in particular, contain provisions regarding all or any of the following matters, namely: i the division of any site into plots for the erection of buildings ii the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes iii the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out iv the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings v the alignment of buildings on any site vi the architectural features of the elevation or front age of any building to be erected on any site vii the number of residential buildings which may be erected on any plot or site viii the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided ix the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality x the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained xi the restrictions regarding the use of any site for purposes other than erection of buildings and xii any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.

section 4. of the delhi development act : show related subordinates 1 the central government may appoint two suitable persons respectively as the secretary and the chief accounts officer of the authority who shall exercise such powers and perform such duties as may be prescribed by regulations or delegated to them by the authority or the chairman. 2 subject to such control and restrictions as may be prescribed by rules, the authority may appoint such number of other officers and employees including experts for technical work as may be necessary for the efficient performance of its functions and may determine their designations and grades. 3 the secretary, chief accounts officer and other officers and employees of the authority shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, and shall be governed by such conditions of service as may be determined by regulations made in this behalf.

section 5a. of the delhi development act : 15a. constitution of committees.1 the authority may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons and for such purpose or purposes as it may think fit. 2 a committee constituted under this section shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by regulations made in this behalf. 3 the members of a committee other than the members of the authority shall be paid such fees and allowances for attending its meetings and for attending to any other work of the authority, as may be determined by regulations made in this behalf. 1. ins. by act 56 of , s. 5 w.e.f. .

section 3. of the delhi development act : 1 as soon as may be after the commencement of this act, the central government shall, by notification in the official gazette, constitute for the purposes of this act an authority to be called the delhi development authority hereinafter referred to as the authority. 2 the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued. 3 the authority shall consist of the following members, namely: a a chairman who shall be the 1lieutenant governor of the 2national capital territory of delhi, ex officio b a vicechairman to be appointed by the central government c a finance and accounts member to be appointed by the central government d an engineer member to be appointed by the central government e as and when the municipal corporation of delhi is established, two representatives of that corporation to be elected by the councillors and aldermen of the corporation from among themselves 3f three representatives of the legislative assembly of the national capital territory of delhi to be elected by means of a single transferable vote by the members of the legislative assembly from among themselves of which two shall be from among the ruling party and one from the party in opposition to the government: provided that no member of the council of ministers for the government of national capital territory of delhi shall be eligible to be elected to the authority. explanation.for the purposes of this clause, ruling party and party in opposition to government shall mean the ruling party and the party in opposition to the government recognised as such by the speaker of the legislative assembly of the national capital territory of delhi 4g three other persons to be nominated by the central government, of whom one shall be a person with experience of town planning or architecture and h the commisioner of the municipal corporation of delhi, ex officio. 53a the appointment of the vicechairman may be either wholetime or parttime as the central government may think fit but the appointment of the finance and accounts member and the engineer member shall be wholetime. 64 the vicechairman, if he is a wholetime member, the finance and accounts member and the engineer member shall be entitled to receive from the funds of the authority such salaries and such allowances, if any, and governed by such conditions of service as may be determined by rules made in this behalf. 5 the vicechairman, if he is a parttime member, and other members specified in clause e, clause f and clause g of subsection 3 may be paid from the funds of the authority such allowances, if any, as may be fixed by the central government in this behalf. 6 the vicechairman, the finance and accounts member, the engineer member and the 7three members referred to in clause g of subsection 3 shall hold office during the pleasure of the central government 8. 97 an elected member shall hold office for a term of five years from the date of his election to the authority and shall be eligible for reelection: provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected. 9 a member other than an ex officio member may resign his office by writing under his hand addressed to the central government but shall continue in office until his resignation is accepted by that government. 10 no act or proceedings of the authority shall be invalid by reason of the existence of any vacancy in, or defect in the constitution of, the authority. 1 subs. by act 36 of , s. 2, for administrator w.e.f. . 2 subs. by s. 2, ibid., for union territory of delhi w.e.f. . 3 subs. by s. 3, ibid., for clause f w.e.f. . 4 subs. by act 56 of , s. 3, for clause g w.e.f. . 5 ins. by act 56 of , s. 3 w.e.f. . 6 subs. by s. 3, ibid., for subsections 4 and 5 w.e.f. . 7 subs. by s. 3, ibid., for two members w.e.f. . 8. certain words, brackets and letter omitted by act 19 of , s. 36 w.e.f. . 9 subs. by s. 36, ibid., for subsections 7 and 8 w.e.f. .

section 5. of the delhi development act : 1 the authority shall, as soon as may be, constitute an advisory council for the purpose of advising the authority on the preparation of the master plan and 1on such other matters relating to the planning of development, or arising out of, or in connection with, the administration of this act as may be referred to it by the authority. 2 the advisory council shall consist of the following members, namely: a the chairman of the authority, ex officio, who shall be the president b two persons with knowledge of town planning or architecture to be nominated by the central government c one representative of the health services of delhi administration to be nominated by the central government d four representatives of the municipal corporation of delhi to be elected by the councillors and aldermen from among themselves 2e two persons representing the delhi electric supply committee and the delhi water supply and sewage disposal committee of the said corporation, of whom i one shall be elected by the members of the delhi electric supply committee from among themselves and ii one shall be elected by the members of the delhi water supply and sewage disposal committee from among themselves ee one representative of the delhi transport corporation to be nominated by the central government f three persons to be nominated by the central government of whom one shall represents the interests of commerce and industry and one, the interests of labour, in delhi g four persons from the technical departments of the central government to be nominated by that government and h three members of parliament of whom two shall be members of the house of the people and one shall be a member of the council of states to be elected respectively by the members of the house of the people and the members of the council of states. 3 the council shall meet as and when necessary and shall have the power to regulate its own procedure. 4 an elected member shall hold office for a term of four years from the date of his election to the council and shall be eligible for reelection: provided that such term shall come to an end as soon as the member ceases to be a member of the body from which he was elected. 1. subs. by act 56 of , s. 4, for certain words w.e.f. . 2. subs. by act 38 of , s. 2, for clause e w.e.f. .

section 13. of the delhi development act : 1 every person or body including a department of government desiring to obtain the permission referred to in section 12 shall make an application in writing to the authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations. 2 every application under subsection 1 shall be accompanied by such fee as may be prescribed by rules: provided that no such fee shall be necessary in the case of an application made by a department of the government. 3 on the receipt of an application for permission under subsection 1, the authority after making such inquiry as it considers necessary in relation to any matter specified in clause d of subsection 2 of section 8 or in relation to any other matter, shall, by order in writing, either grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission: provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. 4 where permission is refused, the grounds of such refusal shall be recorded in writing and communicated to the applicant in the manner prescribed by regulations. 5 the authority shall keep in such form as may be prescribed by regulations a register of applications for permission under this section. 6 the said register shall contain such particulars including information as to the manner in which applications for permission have been dealt with as may be prescribed by regulations and shall be available for inspection by any member of the public at all reasonable hours on payment of such fee not exceeding rupees five as may be prescribed by regulations. 7 where permission is refused under this section, the applicant or any person claiming through him shall not be entitled to get refund of the fee paid on the application for permission but the authority may, on an application for refund being made within three months of the communication of the grounds of the refusal under subsection 4 direct refund of such portion of the fee as to it may seem proper in the circumstances of the case.

section 14. of the delhi development act : after the coming into operation of any of the plans in a zone no person shall use or permit to be used any land or building in that zone otherwise than in conformity with such plan: provided that it shall be lawful to continue to use upon such terms and conditions as may be prescribed by regulations made in this behalf any land or building for the purpose and to the extent for and to which it is being used upon the date on which such plan comes into force.

section 9. of the delhi development act : 1 in this section and in sections 10, 11, 12 and 14 the word plan means the master plan as well as the zonal development plan for a zone. 2 every plan shall, as soon as may be after its preparation, be submitted by the authority to the central government for approval and that government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the plan with directions to the authority to prepare a fresh plan according to such directions.

section 10. of the delhi development act : 1 before preparing any plan finally and submitting it to the central government for approval, the authority shall prepare a plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice. 2 the authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan. 3 after considering all objections, suggestions and representations that may have been received by the authority, the authority shall finally prepare the plan and submit it to the central government for its approval. 4 provisions may be made by rules made in this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in connection with the preparation, submission and approval of such plan. 5 subject to the foregoing provisions of this section the central government may direct the authority to furnish such information as that government may require for the purpose of approving any plan submitted to it under this section.

section 11. of the delhi development act : immediately after a plan has been approved by the central government, the authority shall publish in such manner as may be prescribed by regulations a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice the plan shall come into operation.

section 15. of the delhi development act : 115. compulsory acquisition of land.1 if in the opinion of the central government, any land is required for the purpose of development, or for any other purpose, under this act, the central government may acquire such land under the provisions of the land acquisition act, 1 of . 2 where any land has been acquired by the central government, that government may, after it has taken possession of the land, transfer the land to the authority or any local authority for the purpose for which the land has been acquired on payment by the authority or the local authority of the compensation awarded under that act and of the charges incurred by the government in connection with the acquisition. 1. subs. by act 56 of , s. 9, for section 15 w.e.f. .

section 11a. of the delhi development act : 111a. modifications to plan.1 the authority may make any modifications to the master plan or the zonal development plan as it thinks fit, being modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of landuses or the standards of population density. 2 the central government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in subsection 1 or otherwise. 3 before making any modifications to the plan, the authority or, as the case may be, the central government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the authority or the central government. 4 every modification made under the provisions of this section shall be published in such manner as the authority or the central government, as the case may be, may specify and the modifications shall come into operation either on the date of the publication or on such other date as the authority or the central government may fix. 5 when the authority makes any modifications to the plan under subsection 1, it shall report to the central government the full particulars of such modifications within thirty days of the date on which such modifications come into operation. 6 if any question arises whether the modifications proposed to be made by the authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of landuses or the standards of population density, it shall be referred to the central government whose decision thereon shall be final. 7 any reference in any other chapter, except chapter iii, to the master plan or the zonal development plan shall be construed as a reference to the master plan or the zonal development plan as modified under the provisions of this section. 1. ins. by act 56 of , s. 7 w.e.f. .

section 17.. of the delhi development act : appeal to the district judge against decision of the collector. omitted by the delhi development amendment act, 56 of , s. 10 w.e.f. .

section 12. of the delhi development act : 11 as soon as may be after the commencement of this act, the central government may, by notification in the official gazette, declare any area in delhi to be a development area for the purposes of this act: provided that no such declaration shall be made unless a proposal for such declaration has been referred by the central government to the authority and the municipal corporation of delhi for expressing their views thereon within thirty days from the date of the receipt of the reference or within such further period as the central government may allow and the period so specified or allowed has expired. 2 save as otherwise provided in this act, the authority shall not undertake or carry out any development of land in any area which is not a development area. 3 after the commencement of this act no development of land shall be undertaken or carried out in any area by any person or body including a department of government unless, i where that area is a development area, permission for such development has been obtained in writing from the authority in accordance with the provisions of this act ii where that area is an area other than a development area, approval of, or sanction for, such development has been obtained in writing from the local authority concerned or any officer or authority thereof empowered or authorised in this behalf, in accordance with the provisions made by or under the law governing such authority or until such provisions have been made, in accordance with the provisions of the regulations relating to the grant of permission for development made under the delhi control of building operations act, 53 of , and in force immediately before the commencement of this act: provided that the local authority concerned may 2subject to the provisions of section 53a amend those regulations in their application to such area. 4 after the coming into operation of any of the plans in any area no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans. 5 notwithstanding anything contained in subsections 3 and 4 development of any land begun by any department of government or any local authority before the commencement of this act may be completed by that department or local authority without compliance with the requirements of those subsections. 1. subs. by act 56 of , s. 8, for subsection 1 w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 21. of the delhi development act : 1 subject to any directions given by the central government under this act, the authority or, as the case may be, the local authority concerned may dispose of a any land acquired by the central government and transferred to it, without undertaking or carrying out any development thereon or b any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of delhi according to plan. 2 the powers of the authority or, as the case may be, the local authority concerned with respect to the disposal of land under subsection 1 shall be so exercised as to secure, so far as practicable, that persons who are living or carrying on business or other activities on the land shall, if they desire to obtain accommodation on land belonging to the authority or the local authority concerned and are willing to comply with any requirements of the authority or the local authority concerned as to its development and use, have an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them: provided that where the authority or the local authority concerned proposes to dispose of by sale any land without any development having been undertaken or carried out thereon, it shall offer the land in the first instance to the persons from whom it was acquired, if they desire to purchase it subject to such requirements as to its development and use as the authority or the local authority concerned may think fit to impose. 3 nothing in this act shall be construed as enabling the authority or the local authority concerned to dispose of land by way of gift, mortgage or charge, but subject as aforesaid reference in this act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.

section 16.. of the delhi development act : compensation for compulsory acquisition of land. omitted by the delhi development amendment act, 56 of , s. 10 w.e.f. .

section 18.. of the delhi development act : disputes as to apportionment of the compensation. omitted by s. 10, ibid. w.e.f. .

section 22a. of the delhi development act : 122a. power of authority to develop land in nondevelopment area. notwithstanding anything contained in subsection 2 of section 12, the authority may, if it is of opinion that it is expedient to do so, undertake or carry out any development of any land which has been transferred to it or placed at its disposal under section 15 or section 22 even if such land is situate in any area which is not a development area. 1. ins. by act 56 of , s. 11 w.e.f. .

section 19.. of the delhi development act : payment of compensation or deposit of the same in court. omitted by s. 10, ibid. w.e.f. .

section 25. of the delhi development act : 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as the central government may by rules prescribed in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be subject to audit annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of accounts of the authority shall have the same right, privilege and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause a copy of the same to be laid before both houses of parliament.

section 20.. of the delhi development act : investment of the amount of compensation deposited in court. omitted by s. 10, ibid. w.e.f. .

section 22. of the delhi development act : 1 the central government may, by notification in the official gazette and upon such terms and conditions as may be agreed upon between that government and the authority, place at the disposal of the authority all or any developed and undeveloped lands in delhi vested in the union known and hereinafter referred to as nazul lands for the purpose of development in accordance with the provisions of this act. 2 no development of any nazul land shall be undertaken or carried out except by, or under the control and supervision of, the authority after such land has been placed at the disposal of the authority under subsection 1. 3 after any such nazul land has been developed by, or under the control and supervision of, the authority, it shall be dealt with by the authority in accordance with rules made and directions given by the central government in this behalf. 4 if any nazul land placed at the disposal of the authority under subsection 1 is required at any time thereafter by the central government, the authority shall, by notification in the official gazette, replace it at the disposal of that government upon such terms and conditions as may be agreed upon between that government and the authority.

section 24. of the delhi development act : the authority shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the authority and shall forward to the central government such number of copies thereof as may be prescribed by rules.

section 23. of the delhi development act : 1 the authority shall have and maintain its own fund to which shall be credited a all moneys received by the authority from the central government by way of grants, loans, advances or otherwise 1aa all moneys borrowed by the authority from sources other than the central government by way of loans or debentures b all fees and charges received by the authority under this act c all moneys received by the authority from the disposal of lands, buildings and other properties, movable and immovable and d all moneys received by the authority by way of rents and profits or in any other manner or from any other source. 2 the fund shall be applied towards meeting the expenses incurred by the authority in the administration of this act and for no other purposes. 3 the authority may keep in current account of the state bank of india or any other bank approved by the central government in this behalf such sum of money out of its fund as may be prescribed by rules and any money in excess of the said sum shall be invested in such manner as may be approved by the central government. 4 the central government may, after due appropriation made by parliament by law in this behalf, make such grants, advances and loans to the authority as that government may deem necessary for the performance of the functions of the authority under this act and all grants, loans and advances made shall be on such terms and conditions as the central government may determine. 15 the authority may borrow money by way of loans or debentures from such sources other than the central government and on such terms and conditions as may be approved by the central government. 6 the authority shall maintain a sinking fund for the repayment of moneys borrowed under subsection 5, and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed. 7 the sinking fund or any part thereof shall be applied in, or towards, the discharge of the loan for which such fund was created, and until such loan is wholly discharged it shall not be applied for any other purpose. 1. ins. by s. 12, ibid. w.e.f. .

section 31b. of the delhi development act : 131b. appellate tribunal.the appellate tribunal or appellate tribunals constituted under section 347a of the delhi municipal corporation act, , 66 of shall be deemed to be the appellate tribunal or appellate tribunals for deciding appeals under section 31c, and the provisions of section 347a and section 347c of the delhi municipal corporation act, , and the rules made thereunder, shall, so far as may be, apply for the purposes of this act as they apply for the purposes of that act. 1. ins. by s. 6, ibid. w.e.f. .

section 27. of the delhi development act : 1 the authority shall constitute for the benefit of its wholetime paid members and of its officers and other employees in such manner and subject to such conditions, as may be prescribed by rules, such pension and provident funds as it may deem fit. 2 where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund as if it were a government provident fund.

section 28. of the delhi development act : the authority may authorise any person to enter into or upon any land or building with or without assistants or workmen for the purpose of a making any enquiry, inspection, measurement or survey or taking levels of such land or building b examining works under construction and ascertaining the course of sewers and drains c digging or boring into the subsoil d setting out boundaries and intended lines of work e making such levels, boundaries and lines by placing marks and cutting trenches f ascertaining whether any land is being or has been developed in contravention of the master plan or zonal development plan or without the permission referred to in section 12 or in contravention of any condition subject to which such permission has been granted or g doing any other thing necessary for the efficient administration of this act: provided that i no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building ii sufficient opportunity shall in every instance be given to enable women if any to withdraw from such land or building iii due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building entered.

section 26. of the delhi development act : the authority shall prepare for every year a report of its activities during that year and submit the report to the central government in such form and on or before such date as may be prescribed by rules, and that government shall cause a copy of the report to be laid before both houses of parliament.

section 31a. of the delhi development act : 331a. power to seal unauthorised development.1 it shall be lawful for the authority or the competent authority, as the case may be, at any time, before or after making an order for the removal or discontinuance of any development under section 30 or section 31, to make an order directing the sealing of such development in the manner prescribed by rules, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and extent of such development. 2 where any development has been sealed, the authority or the competent authority, as the case may be, may, for the purpose of removing or discontinuing such development order the seal to be removed. 3 no person shall remove such seal except a under an order made by the authority or the competent authority under subsection 2 or b under an order of the appellate tribunal or the 1lieutenant governor of the 2national capital territory of delhi, made in an appeal under this act. 1. subs. by act 36 of , s. 2, for administrator w.e.f. . 2. subs. by s. 2, ibid., for union territory of delhi w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 29. of the delhi development act : 1 any person who whether at his own instance or at the instance of any other person or any body including a department of government undertakes or carries out development of any land in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any condition subject to which such permission, approval or sanction has been granted, 1shall be punishable, a with rigorous imprisonment which may extend to three years, if such development relates to utilising, selling or otherwise dealing with any land with a view to the setting up of a colony without a lay out plan and b with simple imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, in any case, other than those referred to in clause a. 2 any person who uses any land or building in contravention of the provisions of section 14 or in contravention of any terms and conditions prescribed by regulations under the proviso to that section shall be punishable with fine which may extend to five thousand rupees 2 and in the case of a continuing offence, with further fine which may extend to two hundred and fifty rupees for every day during which such offence continues after conviction for the first commission of the offence. 3 any person who obstructs the entry of a person authorised under section 28 to enter into or upon any land or building or molests such person after such entry shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by act 38 of , s. 3, for certain words w.e.f. . 2. ins. by act 56 of , s. 13 w.e.f. .

section 30. of the delhi development act : 11 where any development has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, i in relation to a development area, any officer of the authority empowered by it in this behalf, ii in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this act, make an order, directing that such development shall be removed by demolition, filling or otherwise by the owner thereof or by the person at whose instance the development has been commenced or is being carried out or has been completed, within such period not being less than five days and more than fifteen days from the date on which a copy of the order of removal, with a brief statement of the reasons therefor, has been delivered to the owner or that person as may be specified in the order and on his failure to comply with the order, the officer of the authority or, as the case may be, the competent authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue: provided that no such order shall be made unless the owner or the person concerned has been given a reasonable opportunity to show cause why the order should not be made. 1a if any development in an area other than a development area has been commenced or is being carried on or has been completed in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to remove or cause to be removed the development within the time that may be specified in this behalf by the 2lieutenant governor of the 3national capital territory of delhi, the 2lieutenant governor may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to remove or cause to be removed such development and that officer shall be bound to carry out such direction and any expenses of such removal may be recovered from the owner or the person at whose instance the development was commenced or was being carried out or was completed as arrears of land revenue. 4 52a any person aggrieved by the direction of the 6lieutenant governor under subsection 1a may appeal to the central government within thirty days from the date thereof, and the central government may after giving an opportunity of hearing to the person aggrieved, either allow or dismiss the appeal or may reverse or vary any part of the direction. 73 the decision of 8the central government on the appeal and subject only to such decision, the direction under subsection 1a, shall be final and shall not be questioned in any court. 4 the provisions of this section shall be in addition to, and not in derogation of, any other provision relating to demolition of buildings contained in any other law for the time being in force. 1. subs. by s. 14, ibid., for subsection 1 w.e.f. . 2. subs. by act 36 of , s. 2, for administrator w.e.f. . 3. subs. by s. 2, ibid., for union territory of delhi w.e.f. . 4. omitted by act 38 of , s. 4 w.e.f. . 5. ins. by act 56 of , s. 14 w.e.f. . 6. subs. by act 36 of , s. 2, for administrator w.e.f. . 7. subs. by act 56 of , s. 14, for subsection 3 w.e.f. . 8. subs. by act 38 of , s. 4, for certain words, brackets and figure w.e.f. .

section 31. of the delhi development act : 131. power to stop development.1 where any development in any area has been commenced in contravention of the master plan or zonal development plan or without the permission, approval or sanction referred to in section 12 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, i in relation to a development area, the authority or any officer of the authority empowered by it in this behalf, ii in relation to any other area within the local limits of a local authority, the competent authority thereof, may, in addition to any prosecution that may be instituted under this act, make an order requiring the development to be discontinued on and from the date of the service of the order, and such order shall be complied with accordingly. 2 where such development is not discontinued in pursuance of the order under subsection 1, the authority or the officer of the authority or the competent authority, as the case may be, may require any police officer to remove the person by whom the development has been commenced and all his assistants and workmen from the place of development 2or to seize any construction material, tool, machinery, scaffolding or other things used in such development within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. 22a any of the things caused to be seized by the authority or the officer of the authority or the competent authority, as the case may be, under subsection 2 shall, unless the owner thereof turns up to take back such things and pays to the authority, the officer of the authority or the competent authority, as the case may be, the charges for the removal or storage of such things, be disposed of by it or him by public auction or in such other manner and within such time as the authority, the officer of the authority or the competent authority thinks fit. 2b the charges for the removal and storage of the things sold under subsection 2a shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the fund of the authority or the competent authority, as the case may be. 3 if any development in an area other than a development area has been commenced in contravention of the master plan or zonal development plan or without the approval or sanction referred to in section 12 or in contravention of any conditions subject to which such approval or sanction has been granted and the competent authority has failed to make an order under subsection 1 or, as the case may be, a requisition under subsection 2, within the time that may be specified in this behalf by the 3lieutenant governor of the 4national capital territory of delhi, the 3lieutenant governor may, after observing such procedure as may be prescribed by rules made in this behalf, direct any officer to make the order or requisition, as the case may be, and that officer shall be bound to carry out such direction and the order or requisition made by him in pursuance of the direction shall be complied with accordingly. 4 after the requisition under subsection 2 or subsection 3 has been complied with, the authority or the competent authority or the officer to whom the direction was issued by the 3lieutenant governor under subsection 3, as the case may be, may depute by a written order a police officer or an officer or employee of the authority or local authority concerned to watch the place in order to ensure that the development is not continued. 5 any person failing to comply with an order under subsection 1 or, as the case may be, under subsection 3, shall be punishable with fine which may extend to two hundred rupees for every day during which the noncompliance continues after the service of the order. 6 no compensation shall be claimable by any person for any damage which he may sustain in consequence of the removal of any development under section 30 or the discontinuance of the development under this section. 5 8 the provisions of this section shall be in addition to, and not in derogation of, any other provision relating to stoppage of building operations contained in any other law for the time being in force. 1 subs. by act 56 of , s. 15, for section 31 w.e.f. . 2 ins. by act 38 of , s. 5 w.e.f. . 3. subs. by act 36 of , s. 2, for administrator w.e.f. . 4. subs. by s. 2, ibid., for union territory of delhi w.e.f. . 5. omitted by act 38 of , s. 5 w.e.f. .

section 31c. of the delhi development act : 131c. appeals.1 any person aggrieved by any of the following orders made under this act, may prefer an appeal to the appellate tribunal, namely: a an order of the authority granting or refusing to grant permission for development under subsection 3 of section 13 b an order of the authority or the local authority disposing of any land under section 21 c an order of the authority in the course of dealing with any nazul land developed by it under section 22 d an order of an officer of the authority or the competent authority made under subsection 1 of section 30, for the removal of any development e an order of the authority or an officer of the authority, or the competent authority made under subsection 1 of section 31, for discontinuing any development f an order of the authority or the competent authority made under section 31a, directing the sealing of any development. 2 an appeal under this section shall be filed within thirty days from the date of the order appealed against: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 3 an appeal to the appellate tribunal shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed by rules. 1. ins. by s. 6, ibid. w.e.f. .

section 31d. of the delhi development act : 131d. appeals against orders of appellate tribunal.1 an appeal shall lie to the 2lieutenant governor of the 3national capital territory of delhi against an order of the appellate tribunal, confirming, modifying or annulling an order of the authority, officer of the authority, local authority or competent authority, as the case may be, under this act. 2 the provisions of subsections 2 and 3 of section 31c and the provisions of section 347c of the delhi municipal corporation act, 66 of , and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under the said section 31c. 3 an order of the 2lieutenant governor on an appeal under this section, and subject only to such order, an order of the appellate tribunal under section 31c and subject to such orders of the 2lieutenant governor or an appellate tribunal, an order of the authority, officer of the authority, local authority or competent authority referred to in subsection 1 of that section shall be final. explanation.in sections 30, 31, 31a and 31d, competent authority in relation to a local authority means any authority or officer of that local authority empowered or authorised to order demolition or stoppage of buildings or works, in accordance with the provisions made by or under the law governing such local authority. 1. ins. by s. 6, ibid. w.e.f. . 2. subs. by act 36 of , s. 2, for administrator w.e.f. . 3. subs. by s. 2, ibid., for union territory of delhi w.e.f. .

section 35. of the delhi development act : 135. default powers of the authority.1 if the authority, after holding a local enquiry or upon report from any of its officers or other information in its possession, is satisfied that any amenity in relation to any land in a development area has not been provided in relation to that land which in the opinion of the authority is to be provided, or that any development of the land for which permission, approval or sanction has been obtained under this act has not been carried out, it may, after affording a reasonable opportunity to show cause, serve upon the owner of the land or upon the person providing or responsible for providing the amenity a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice. 2 if any amenity is not provided or any such development is not carried out within the time specified in the notice, then the authority may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: provided that before taking any action under this subsection, the authority shall afford reasonable opportunity to the owner of the land or to the person providing or responsible for providing the amenity to show cause as to why such action should not be taken. 3 all expenses incurred by the authority or the agency employed by it in providing the amenity or carrying out the development together with interest at such rate as the central government may by order fix from the date when a demand for the expenses is made until payment may be recovered by the authority from the owner or the person providing or responsible for providing the amenity as arrears of land revenue. 1. subs. by act 56 of , s. 17, for section 35 w.e.f. .

section 32. of the delhi development act : 1 if the person committing an offence under this act is a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means a body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 31e. of the delhi development act : 131e. bar of jurisdiction of courts.1 after the commencement of section 6 of the delhi development amendment act, 38 of , no court shall entertain any suit, application or other proceedings in respect of any order appealable under section 31c, and no such order shall be called in question otherwise than by preferring an appeal under that section. 2 notwithstanding anything contained in subsection 1, every suit, application or other proceeding pending in any court immediately before the commencement of section 6 of the delhi development amendment act, 38 of , in respect of any order, appealable under section 31c shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force. 1. ins. by s. 6, ibid. w.e.f. .

section 33. of the delhi development act : all fines realised in connection with prosecutions under this act shall be paid to the authority or, as the case may be, the local authority concerned.

section 34a. of the delhi development act : 334a. certain offences to be cognizable. the code of criminal procedure, 2 of , shall apply to an offence under subsection 1 of section 29 as if it were a cognizable offence, i for the purposes of investigation of such offence, and ii for the purposes of all matters other than 1 matters referred to in section 42 of that code, and 2 arrest of a person except on the complaint of, or upon information received from: a such officer of the authority not below the rank of a director as may be appointed by the 1 lieutenant governor of the 2 national capital territory of delhi, if the offence is committed in relation to a development area b such officer of the municipal corporation of delhi not below the rank of a deputy commissioner as may be appointed by the 1 lieutenant governor of the 2 national capital territory of delhi, if the offence is committed in relation to any area within the local limits of that corporation or c the secretary, new delhi municipal committee, if the offence is committed in relation to any area within the local limits of that committee: provided that no offence which relates to any deviation from the permission, approval or sanction given under section 12 and which could be compounded under the provisions of this act, shall be cognizable. 1. subs. by act 36 of , s. 2, for administrator w.e.f. . 2. subs. by s. 2, ibid., for union territory of delhi w.e.f. . 3. ins. by act 38 of , s. 7 w.e.f. .

section 38. of the delhi development act : 1 when it appears to the authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the authority may, by an order made in this behalf, declare that for the purpose of determining the betterment charge the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the property or any person having an interest therein that the authority proposes to assess the amount of the betterment charge in respect of the property under section 37. 2 the authority shall then assess the amount of betterment charge payable by the person concerned after giving such person an opportunity to be heard and such person shall, within three months from the date of receipt of the notice in writing of such assessment from the authority, inform the authority by a declaration in writing that he accepts the assessment or dissents from it. 3 when the assessment proposed by the authority is accepted by the person concerned within the period specified in subsection 2 such assessment shall be final. 4 if the person concerned dissents from the assessment or fails to give the authority the information required by subsection 2 within the period specified therein the matter shall be determined by arbitrators in the manner provided in section 39.

section 34. of the delhi development act : 11 any offence made punishable by or under this act may, either before or after the institution of proceedings, be compounded i in the case of an offence referred to in subsection 2 of section 49, by the 2lieutenant governor of the 3national capital territory of delhi or any officer authorised by him in this behalf by general or special order and ii in any other case, by the authority or, as the case may be, the local authority concerned or any person authorised by the authority or such local authority by general or special order in this behalf. 2 where an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded. 1. subs. by act 56 of , s. 16, for subsection 1 w.e.f. . 2. subs. by act 36 of , s. 2, for administrator w.e.f. . 3. subs. by s. 2, ibid., for union territory of delhi w.e.f. .

section 36. of the delhi development act : where any area has been developed by the authority, the authority may require the local authority within whose local limits the area so developed is situated, to assume responsibility for the maintenance of the amenities which have been provided in the area by the authority and for the provision of the amenities which have not been provided by the authority but which in its opinion should be provided in the area, on terms and conditions agreed upon between the authority and that local authority and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the central government in consultation with the local authority on a reference of the matter to that government by the authority.

section 37. of the delhi development act : 137. power of authority to levy betterment charges.1 where, in the opinion of the authority, as a consequence of any development having been executed by the authority in any development area, the value of any property in that area or in any area other than the development area, which has been benefited by the development, has increased or will increase, the authority shall be entitled to levy upon the owner of the property or any person having an interest therein a betterment charge in respect of the increase in value of the property resulting from the execution of the development: provided that no betterment charge shall be levied in respect of lands owned by government within delhi: provided further that where any land belonging to government has been let out by government to any person, then that land and any building situate thereon shall be subject to a betterment charge under this section. 2 such betterment charge shall be an amount i in respect of any property situate in a development area, equal to onethird of the amount, and ii in respect of property situate in any other area, not exceeding onethird of the amount, by which the value of the property on the completion of the execution of the development scheme estimated as if the property were clear of buildings exceeds the value of the property prior to such execution estimated in like manner: provided that in levying betterment charge on any property under clause ii, the authority shall have regard to the extent and nature of benefit accruing to the property from the development and such other factors as may be prescribed by rules made in this behalf. 1. subs. by s. 18, ibid., for section 37 w.e.f. .

section 39. of the delhi development act : 1 for the determination of the matter referred to in subsection 4 of section 38, the central government shall appoint three arbitrators of whom one at least shall have special knowledge of the valuation of land. 2 the arbitrators shall follow such procedure as may be prescribed by rules made in this behalf. 12a the arbitrators shall, for the purpose of determining any matter referred to them, have the same powers as are vested in a civil court under the code of civil procedure, 5 of when trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c administering to any party to the arbitration such interrogatories as may, in the opinion of the arbitrators, be necessary. 3 in the event of any difference of opinion among the arbitrators the decision of the majority shall prevail and that decision shall be the award of the arbitrators. 4 if any arbitrator dies, resigns, or is removed under subsection 5 or refuses, or neglects in the opinion of the central government, to perform his duties or becomes incapable of performing the same, then the central government shall forthwith appoint another fit person to take the place of such arbitrator. 5 if the central government is satisfied after such inquiry as it thinks fit a that an arbitrator has misconducted himself, the central government may remove him from his office b that the award of the arbitrators has been improperly procured or that any arbitrator has misconducted himself in connection with such award, the central government may set aside the award. 6 an award which has not been set aside by the central government under clause b of subsection 5 shall be final and shall not be questioned in any court. 7 the provisions of the arbitration act, 10 of , shall not apply to arbitration under this section. 1.ins. by act 56 of , s. 19 w.e.f. .

section 45., to fix reasonable time. of the delhi development act : where any notice, order or other document issued or made under this act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this act or the rule or regulation, the notice, order or other document shall specify a reasonable time for doing the same.

section 40a. of the delhi development act : 140a. mode of recovery of moneys due to authority.any money due to the authority on account of fees or charges, or from the disposal of lands, buildings or other properties, movable or immovable, or by way of rents and profits may, if the recovery thereof is not expressly provided for in any other provision of this act, be recovered by the authority as arrears of land revenue. 1. ins. by act 56 of , s. 20 w.e.f. .

section 40. of the delhi development act : 1 the betterment charge levied under this act shall be payable in such number of instalments and each instalment shall be payable at such time and in such manner as may be fixed by regulations made in this behalf. 2 any arrear of betterment charge shall be recoverable as an arrear of land revenue.

section 41. of the delhi development act : 1 the authority shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act. 2 if in, or in connection with, the exercise of its powers and discharge of its functions by the authority under this act, any dispute arises between the authority and the central government the decision of the central government on such dispute shall be final. 13 the central government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the authority for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit: provided that the central government shall not pass an order prejudicial to any person without affording such person a reasonable opportunity of being heard. 1. ins. by s. 21, ibid. w.e.f. .

section 42. of the delhi development act : 142. returns and inspection.1 the authority shall furnish to the central government such reports, returns and other information as that government may from time to time require. 2 without prejudice to the provisions of subsection 1, the central government or any officer authorised by the central government in this behalf, may call for reports, returns and other information from the authority or local authority in regard to the implementation of the master plan. 3 any person authorised by the central government or the officer referred to in subsection 2 may enter into or upon any land with or without assistants or workmen for ascertaining whether the provisions of the master plan are being or have been implemented, or whether the development is being or has been carried out in accordance with such plan. 4 no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or if there be no occupier, to the owner of the land or building. 1. subs. by s. 22, ibid., for section 42 w.e.f. .

section 46. of the delhi development act : all permissions, orders, decisions, notices and other documents of the authority shall be authenticated by the signature of the secretary to the authority or any other officer authorised by the authority in this behalf.

section 43. of the delhi development act : 1 all notices, orders and other documents required by this act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this act or such rule or regulation, be deemed to be duly served a where the person to be served is a company if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is either i sent by registered post, or ii delivered at the registered office or at the principal office or place of business of the company b where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either i sent by registered post, or ii delivered at the said place of business c where the person to be served is a public body or a corporation or society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either i sent by registered post, or ii delivered at that office d in any other case, if the document is addressed to the person to be served and i is given or tendered to him, or ii if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the 1 national captial territory of delhi or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or iii is sent by registered post to that person. 2 any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed the owner or the occupier, as the case may be, of that land or building naming that land or building without further name or description, and shall be deemed to be duly served a if the document so addressed is sent or delivered in accordance with clause d of subsection 1 or b if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. 3 where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner. 4 for the purpose of enabling any document to be served on the owner of any property the secretary to the authority may by notice in writing require the occupier if any of the property to state the name and address of the owner thereof. 5 where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. 6 a servant is not a member of the family within the meaning of this section. 1.subs. by act 36 of , s. 2, for union territory of delhi w.e.f. .

section 44. of the delhi development act : every public notice given under this act shall be in writing over the signature of the secretary to the authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit.

section 49. of the delhi development act : 11 no prosecution for any offence punishable under this act 2other than an offence referred to in subsection 2 shall be instituted except with the previous sanction of the authority or as the case may be, the local authority concerned or any officer authorised by the authority or such local authority in this behalf. 22 no prosecution for any offence for failure to comply with the order of the officer referred to in subsection 3 of section 31 and punishable under subsection 5 of that section shall be instituted except with the previous sanction of the 3lieutenant governor or any officer authorised by him in this behalf. 1. section 49 renumbered as subsection 1 of that section by act 56 of , s. 23 w.e.f. . 2. ins. by s. 23, ibid. w.e.f. . 3. subs. by act 36 of , s. 2, for administrator w.e.f. .

section 51. of the delhi development act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule or regulation made thereunder.

section 53a. of the delhi development act : 153a. restriction on power of a local authority to make rules, regulations or byelaws in respect of certain matters. 1 notwithstanding anything contained in any law for the time being in force, no rule, regulation or byelaw shall be made or amended by a local authority in respect of matters specified in subsection 2 unless the authority, upon consideration of such rule, regulation or byelaw, certifies that it does not contravene any of the provisions of the master plan or the zonal development plan. 2 the matters referred to in subsection 1 are the following, namely: a water supply, drainage and sewage disposal b erection and reerection of buildings, including grant of building permissions, licences and imposition of restrictions on use and subdivision of buildings c subdivision of land into building sites, roads and lanes, recreational sites and sites for community facilities and d development of land, improvement schemes, and housing and rehousing schemes. 1. ins. by act 56 of , s. 26 w.e.f. .

section 47. of the delhi development act : every member and every officer and other employee of the authority shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 48. of the delhi development act : no court inferior to that of a 1metropolitan magistrate shall try an offence punishable under this act. 1. subs. by act 38 of , s. 8, for magistrate of the first class w.e.f. .

section 53b. of the delhi development act : 153b. notice to be given of suits.1 no suit shall be instituted against the authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the authority or any member or any officer or other employee of the authority in respect of any act done or purporting to have been done in pursuance of this act or any rule or regulation made thereunder until the expiration of two months after notice in writing has been, in the case of the authority, left at its office, and in any other case, delivered to, or left at the office or place of abode of, the person to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered. 2 no suit such as is described in subsection 1 shall, unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises. 3 nothing contained in subsection 1 shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit. 1. ins. by act 56 of , s. 26 w.e.f. .

section 50. of the delhi development act : notwithstanding anything contained in 1section 29 of the code of criminal procedure, 2 of , it shall be lawful for any court of a metropolitan magistrate to pass any sentence authorised by this act in excess of its powers under the said section. 1.subs. by act 38 of , s. 9, for certain words and figures w.e.f. .

section 52. of the delhi development act : 21 the authority may, by notification in the official gazette, direct that any power exercisable by it under this act except the power to make regulations may also be exercised by such officer or local authority or committee constituted under section 5a as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. 32 the central government may, by notification in the official gazette, direct that any power exercisable by it under this act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. 3 the 1lieutenant governor of the 4national capital territory of delhi may, by notification in the official gazette, direct that any power exercisable by him under this act 5, except the power to hear appeals, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein. 1. subs. by act 36 of , s. 2, for administrator w.e.f. . 2. section 52 renumbered as subsection 1 of that section by act 56 of , s. 23 w.e.f. . 3. ins. by s. 24, ibid. w.e.f. . 4. subs. by act 36 of , s. 2, for union territory of delhi w.e.f. . 5. ins. by act 38 of , s. 10 w.e.f. .

section 53. of the delhi development act : 1 nothing in this act shall affect the operation of the slum areas improvement and clearance act, 6 of . 2 1save as otherwise provided in subsection 4 of section 30 or subsection 8 of section 31 or subsection 1 of this section, the provisions of this act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law. 3 notwithstanding anything contained in any such other law a when permission for development in respect of any land has been obtained under this act such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained b when permission for such development has not been obtained under this act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained. 1. subs. by act 56 of , s. 25, for save as aforesaid w.e.f. .

section 54. of the delhi development act : nothing in this act shall apply to a the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building b the carrying out by any local authority or by any department of government of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose c the erection of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture d the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which at the commencement of this act is occupied by or for the purpose of such worship, tomb, cenotaph, graveyard or samadhi e the excavations including wells made in the ordinary course of agricultural operations and f the construction of unmetalled road intended to give access to land solely for agricultural purposes.

section 55. of the delhi development act : 1 where any land situated in any area in delhi is required by the master plan or a zonal development plan to be kept as an open space or unbuilt upon or is designated in any such plan as subject to compulsory acquisition, then, if at the expiration of ten years from the date of operation of the plan under section 11 or where such land has been so required or designated by any amendment of such plan, from the date of operation of such amendment, the land is not compulsorily acquired 1, the owner of the land may 2serve on the central government a notice requiring his interest in the land to be so acquired. 2 3if the central government fails to acquire the land within a period of six months from the date of receipt of the notice, the master plan or, as the case may be, the zonal development plan shall have effect, after the expiration of the said six months as if the land were not required to be kept as an open space or unbuilt upon or were not designated as subject to compulsory acquisition. 1. certain words omitted by act 56 of , s. 27 w.e.f. . 2. subs. by s. 27, ibid., for serve on the authority a notice w.e.f. . 3. subs. by s. 27, ibid., for if the authority for the time being charged with the development of the area w.e.f. .

section 56. of the delhi development act : show related subordinates 1 the central government, after consultation with the authority, may by notification in the official gazette, make rules to carry out the purposes of this act: provided that consultation with the authority shall not be necessary on the first occasion of the making of rules under this section, but the central government shall take into consideration any suggestions which the authority may make in relation to the amendment of such rules after they are made. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of election of representatives of the municipal corporation of delhi under clause e of subsection 3 of section 3 b the qualifications and disqualifications for being chosen as, and for being, members of the authority or the advisory council c the salaries, allowances and conditions of service of the wholetime paid members of the authority 1cc travelling and other allowances of the members of the advisory council except those of the ex officio member and such other members as are government servants d the control and restrictions in relation to appointment of officers and other employees 2dd the stages by which the development of any particular features of a zone may be carried out e the form and content of the master plan and a zonal development plan and the procedure to be followed in connection with the preparation, submission and approval of such plans and the form, and the manner of publication, of the notice relating to any such plan in draft f the local inquiries and other hearings that may be held before a plan is approved 3g the form and manner in which notice under subsection 3 of section 11a shall be published h the fee to be paid on an application for permission under subsection 1 of section 13 and the factors and circumstances to be taken into consideration in determining such fee 4 j the manner in which nazul lands shall be dealt with after development 5jj the procedure to be observed by the 6 lieutenant governor under section 30 or section 31 jjj the factors to be taken into consideration in determining the rate of betterment charge in respect of property situate in any area outside the development area 7ja the manner in which the sealing of any development under subsection 1 of section 31a shall be made jb the form in which an appeal shall be made to the appellate tribunal under subsection 3 of section 31c and the fees that shall accompany such appeal k the procedure for referring any matter to the central government under section 36 for settlement of terms and conditions subject to which a local authority may be required to assume responsibility for amenities in any area l the procedure to be followed by arbitrators in the determination of betterment charge m the sum of money that may be kept in current account 5mm the procedure to be followed for borrowing moneys by way of loans or debentures and their repayment n the form of the budget of the authority and the manner of preparing the same o the form of the balancesheet and statement of accounts p the form of the annual report and the date on or before which it shall be submitted to the central government q the manner of constitution of the pension and provident funds for wholetime paid members and officers and other employees of the authority and the conditions subject to which such funds may be constituted r any other matter which has to be, or may be, prescribed by rules. 1. ins. by act 4 of , s. 2 w.e.f. . 2. ins. by act 56 of , s. 28 w.e.f. . 3. subs. by act 56 of , s. 28, for clause g w.e.f. . 4. omitted by s. 28, ibid. w.e.f. . 5. ins. by s. 28, ibid. w.e.f. . 6. subs. by act 36 of , s. 2, for administrator w.e.f. . 7. ins. by act 38 of , s. 11 w.e.f. .

section 60., and savings. of the delhi development act : 1 as from the date of constitution of the authority, a the united provinces town improvement act, u.p. act viii of , shall cease to have effect in the 1national capital territory of delhi and b the delhi control of building operations act, 53 of , shall stand repealed. 2 notwithstanding the provisions of subsection 1 a every officer and other employee serving under the delhi improvement trust or the delhi development provisional authority immediately before the date of the constitution of the authority shall, on and from such date, be transferred to and become an officer or other employee of the authority with such designations as the authority may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the authority: provided that any service rendered by any such officer or other employee before the constitution of the authority shall be deemed to be service rendered under it: provided further that the authority may employ any such officer or other employee in the discharge of such functions under this act as it may think proper and every such officer or other employee shall discharge those functions accordingly b anything done or any action taken including any appointment, delegation, notification, order, scheme, permission, rule, byelaw, regulation or form made, granted or issued under any of the aforesaid acts, shall, so far as it is not inconsistent with the provisions of this act, continue in force and be deemed to have been done or taken under the provisions of this act unless and until it is superseded by anything done or any action taken under the said provisions c all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the delhi improvement trust or the delhi development provisional authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the authority d all properties movable and immovable vested in the delhi improvement trust or the delhi development provisional authority shall vest in the authority e all rents, fees and other sums of money due to the delhi improvement trust or the delhi development provisional authority shall be deemed to be due to the authority f all suits, prosecutions and other legal proceedings instituted or which might have been instituted by, for or against the delhi improvement trust or the delhi development provisional authority may be continued or instituted by, for or against the authority. 1. subs. by act 36 of , s. 2, for union territory of delhi w.e.f. .

section 58. of the delhi development act : 158. laying of rules and regulations before parliament.every rule and every regulation made under this act shall be laid, as soon as may be after such rule or regulation is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. subs. by act 4 of , s. 4, for section 58 w.e.f. .

section 59. of the delhi development act : 1 where the central government is satisfied that the purposes for which the authority was established under this act have been substantially achieved so as to render the continued existence of the authority in the opinion of the central government unnecessary, that government may by notification in the official gazette declare that the authority shall be dissolved with effect from such date as may be specified in the notification and the authority shall be deemed to be dissolved accordingly. 2 from the said date a all properties, funds and dues which are vested in, or realisable by, the authority shall vest in, or be realisable by the central government b all nazul lands placed at the disposal of the authority shall revert to the central government c all liabilities which are enforceable against the authority shall be enforceable against the central government and d for the purpose of carrying out any development which has not been fully carried out by the authority and for the purpose of realising properties, funds and dues referred to in clause a, the functions of the authority shall be discharged by the central government.

section 57. of the delhi development act : 1 1the authority, with the previous approval of the central government, may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder, to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for a the summoning and holding of meetings of the authority, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum thereat 2aa the summoning and holding of meetings of a committee constituted under section 5a, the time and place where such meetings are to be held, the conduct of business at such meetings, and the number of members necessary to form a quorum thereat and the fees and allowances payable to the members for attending the meetings or any other work of the authority b the powers and duties of the secretary and chief accounts officer of the authority c the salaries, allowances and conditions of service of the secretary, chief accounts officer and other officers and employees d the procedure for the carrying out of the functions of the authority under chapter iii e the form in which any application for permission under subsection 1 of section 13 shall be made and the particulars to be furnished in such application f the terms and conditions subject to which user of lands and buildings in contravention of plans may be continued 3 h the manner of communicating the grounds of refusal of permission for development i the form of the register of applications for permission and the particulars to be contained in such register j the management of the properties of the authority k the time and manner of payment of betterment charge and l any other matter which has to be, or may be, prescribed by regulations. 2 until the authority is established under this act, any regulation which may be made under subsection 1 may be made by the central government and any regulation so made may be altered or rescinded by the authority in exercise of its powers under subsection 1. 1.subs. by act 4 of , s. 3, for certain words w.e.f. . 2. ins. by act 56 of , s. 29 w.e.f. . 3. omitted by act 56 of , s. 29 w.e.f. .

section 8. of the indian veterinary council act : 1 the president or vicepresident may at any time resign his office by notice in writing addressed to the council and delivered to the secretary and the resignation shall take effect from the date on which it is accepted by the council or on the expiry of ninety days from the date of receipt of the resignation by the secretary, whichever is earlier. 2 a member may at any time resign his office by notice in writing addressed to the president and every such resignation shall take effect from the date on which it is accepted by the president or on the expiry of ninety days from the date of receipt of the resignation by the president, whichever is earlier.

section 1. of the indian veterinary council act : show related subordinates 1 this act may be called the indian veterinary council act, . 2 it extends, in the first instance, to the whole of the states of haryana, bihar, orissa, himachal pradesh and rajasthan and to all union territories1 and it shall also extend to such other states as may adopt this act by resolution passed in that behalf in pursuance of clause 1 of article 252 of the constitution. 3 it shall come into force in a state or union territory to which it extends, or may become extended in future, on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act or for different states or union territories. 1. extended to the union territory of jummu and kashmir and union territory of ladakh by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 7. of the indian veterinary council act : a casual vacancy in the council shall be filled by nomination or election, as the case may be, and the person nominated or elected to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated or elected: provided that no such casual vacancy occurring within three months of the date of expiry of the normal term of office of a nominated or an elected member need be filled under this section.

section 2. of the indian veterinary council act : in this act, unless the context otherwise requires, a council means the veterinary council of india established under section 3 b member means a member of the council c prescribed means prescribed by rules made under this act d president means the president of the council e recognised veterinary qualification means any of the veterinary qualifications included in the first schedule or the second schedule f register means a register maintained under this act g registered veterinary practitioner means a person whose name is for the time being duly registered in a register h regulation means a regulation made under this act i state veterinary council means a veterinary council established under section 32 and includes a joint state veterinary council established in accordance with an agreement under section 33 j veterinary institution means any university or other institution within or without india which grants degrees, diplomas or licences in veterinary science and animal husbandry k veterinary medicine means modern scientific veterinary medicine in all its branches and includes veterinary surgery and obstetrics l vicepresident means the vicepresident of the council.

section 5. of the indian veterinary council act : 1 the president or vicepresident shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as a member. 2 subject to the provisions of this section, a member, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the council or until his successor shall have been duly elected or nominated, whichever is longer. 3 members of the council shall be eligible for renomination or reelection. 4 where the term of three years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires, but, he shall not assume office until the said term has expired.

section 9. of the indian veterinary council act : 1 the council shall meet at least twice in a year at such time and place as may be appointed by the council. 2 the quorum necessary for the transaction of business at a meeting of the council shall be nine. 3 the president when present shall preside at every meeting of the council and in his absence the vicepresident and in the absence of both any other member elected by the members present from amongst themselves shall preside at such meeting. 4 save as otherwise provided in this act, all questions which come up before any meeting of the council shall be decided by a majority of the members present and voting. 5 in the case of an equality of votes, the president shall have a casting vote. 6 subject to the provisions of subsections 1 to 5, the council shall observe such rules of procedure in regard to transaction of business at its meetings as may be provided by regulations.

section 3. of the indian veterinary council act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established a council to be called the veterinary council of india. 2 the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue or be sued. 3 the council shall consist of the following members, namely: a five members to be nominated by the central government from amongst directors of animal husbandry by whatever name called of those states to which this act extends b four members to be nominated by the central government from amongst the heads of veterinary institutions in the states to which this act extends c one member to be nominated by the indian council of agricultural research d the animal husbandry commissioner, government of india, ex officio e one member to be nominated by the central government to represent the ministry of the central government dealing with animal husbandry f one member to be nominated by the indian veterinary association g eleven members to be elected from amongst themselves by persons enrolled in the indian veterinary practitioners register h one member to be nominated by the central government from amongst the presidents of the state veterinary councils of those states to which this act extends i one member to be nominated by the central government from amongst the presidents of the state veterinary associations of those states to which this act extends j secretary, veterinary council of india, ex officio. 4 the president and vicepresident shall be elected by the members from amongst themselves in such manner as may be provided by regulations. 5 whenever there is a vacancy in the office of the president, the vicepresident shall discharge the functions of the president. 6 the names of persons nominated or elected as members shall be notified by the central government in the official gazette. 7 a person shall not be qualified for nomination or election to the council unless he holds a recognised veterinary qualification.

section 4. of the indian veterinary council act : show related subordinates 1 an election under clause g of subsection 3 of section 3 shall be conducted by the central government in accordance with such rules as may be made by it in this behalf and any rule so made may provide that pending the preparation of the indian veterinary practitioners register in accordance with the provisions of this act, the members referred to in that clause may be nominated by the central government instead of being elected as provided therein. 2 where any dispute arises regarding any election to the council, it shall be referred to the central government for its decision which shall be final.

section 6. of the indian veterinary council act : 1 a member shall be deemed to have vacated his office a if he is absent without excuse, sufficient in the opinion of the council, from three consecutive meetings of the council b if he ceases to hold the post from which he has been nominated c in the case of a member elected under clause g of subsection 3 of section 3, if he ceases to be a person enrolled in the register d if he has been convicted of an offence involving moral turpitude and punishable with imprisonment e if he is an undischarged insolvent f if he is of unsound mind and stands so declared by a competent court. 2 on the occurrence of a vacancy referred to in subsection 1, the president shall forthwith report the fact of such vacancy to the central government and thereafter that government may, subject to the proviso to section 7, take necessary steps to fill such vacancy.

section 10. of the indian veterinary council act : no act or proceeding of the council shall be invalid by reason only of the existence of a vacancy in the council or on account of any defect or irregularity in its constitution.

section 17. of the indian veterinary council act : 1 the central government, after consultation with the council, may, by notification in the official gazette, direct that the veterniary qualifications granted by veterinary institutions in any country outside india in respect of which a scheme of reciprocity for the recognition of veterinary qualifications is not in force shall be recognised veterinary qualification for the purposes of this act or shall be so only when granted after a specified date: provided that veterinary practice by persons possessing such qualifications a shall be permitted only if such persons are enrolled as veterinary practitioners in accordance with the law regulating the registration of veterinary practitioners for the time being in force in that country b shall be limited to the institution to which they are attached for the time being for the purpose of teaching, research work, charitable work and c shall be limited to the period specified in this behalf by the central government by general or special order. 2 in respect of any such veterinary qualification, the central government, after consultation with the council, may, by notification in the official gazette, direct that it shall be a recognised veterinary qualification only when granted before a specified date.

section 11. of the indian veterinary council act : 1 the council may, with the previous sanction of the central government, appoint a secretary who shall also act as treasurer unless the council appoints any other person as treasurer and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this act. 2 the terms and conditions of service of the secretary, other officers and employees appointed by the council shall be such as may be provided by regulations. 3 the secretary, officers and other employees of the council shall be deemed to the public servants within the meaning of section 21 of the indian penal code 45 of . 4 all orders and decisions and other instruments of the council shall be authenticated by the signature of the secretary or any other officer of the council duly authorised by it in this behalf.

section 12. of the indian veterinary council act : 1 the council shall appoint from among its members an executive committee and may constitute other committees for such general or specific purposes as the council considers necessary and may coopt any person or persons specially qualified to advise on any matter to any committee other than the executive committee. 2 a committee constituted under this section shall meet at such time and at such places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.

section 13. of the indian veterinary council act : the president and other members and the members of the committees other than the members of the council shall be paid such fees and allowances for attending the meetings of the council and the committees as may be provided by regulations.

section 14. of the indian veterinary council act : 1 the council shall furnish such reports, copies of its minutes, abstract of its accounts and other information to the central government as that government may require. 2 the central government may publish in such manner as it may think fit any report, copy, abstract or other information furnished to it under this section.

section 15. of the indian veterinary council act : show related subordinates 1 the veterinary qualifications granted by any veterinary institution in india which are included in the first schedule shall be recognised veterinary qualifications for the purposes of this act. 2 any veterinary institution in india which grants a veterinary qualification not included in the first schedule may apply to the central government to have such qualification recognised and the central government, after consulting the council, may, by notification in the official gazette, amend the first schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the first schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date.

section 16. of the indian veterinary council act : 1 the veterinary qualifications granted by veterinary institutions outside india which are included in the second schedule shall be recognised veterinary qualifications for the purposes of this act. 2 the council may enter into negotiations with the authority in any country outside india which by the law of such country is entrusted with the maintenance of a register of veterinary practitioners, for the setting of a scheme of reciprocity for the recognition of veterinary qualifications, and in pursuance of any such scheme, the central government may, by notification in the official gazette, amend the second schedule so as to include therein the veterinary qualification which the council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the second schedule against such veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted after a specified date. 3 the central government, after consultation with the council, may, by notification in the official gazette, amend the second schedule by directing that an entry be made therein in respect of any veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date. 4 where the council has refused to recommend any veterinary qualification which has been proposed for recognition by any authority referred to in subsection 2 and the authority applies to the central government in this behalf, the central government, after considering such application and after obtaining from the council a report, if any, as to the reasons for any such refusal, may, by notification in the official gazette, amend the second schedule so as to include such qualification therein and the provisions of subsection 2 shall apply to such notification.

section 22. of the indian veterinary council act : show related subordinates 1 the council may, by regulations, specify the minimum standards of veterinary education required for granting recognised veterinary qualifications by veterinary institutions in those states to which this act extends. 2 copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the council to the state government concerned and the council shall, before submitting such regulations or any amendments thereof, as the case may be, to the central government for approval, take into consideration the comments of the state government received within three months from the furnishing of the copies as aforesaid. 3 the central government may, before approving such regulations or any amendments thereof, consult the indian council of agricultural research. 4 the committee constituted under section 12 shall from time to time report to the council on the efficacy of the regulations and may recommend to the council such amendments thereof as it may think fit.

section 18. of the indian veterinary council act : every veterinary institution in a state which grants a recognised veterinary qualification shall furnish such information as the council may from time to time require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.

section 23. of the indian veterinary council act : 1 the council shall, as soon as may be after the commencement of this act, cause to be maintained in such form and in such manner as may be provided by regulations a register of veterinary practitioners to be known as the indian veterinary practitioners register which shall contain the names of all persons who possess the recognised veterinary qualifications and who are for the time being enrolled on a state veterinary register of the state to which this act extends. 2 it shall be the duty of the secretary of the council to keep the indian veterinary practitioners register in accordance with the provisions of this act and of any orders made by the council, and from time to time to revise the register and publish it in the gazette of india or in such other manner as may be provided by regulations. 3 such register shall be deemed to be a public document within the meaning of the indian evidence act, 1 of , and may be proved by a copy published in the gazette of india. 4 each state veterinary council shall furnish to the council six printed copies of the state veterinary register as soon as may be after the 1st day of april of each year and each state veterinary council shall inform the council without delay of all additions to, and other amendments in, the state veterinary register made from time to time.

section 24. of the indian veterinary council act : the secretary of the council may, on receipt of the report of registration of a person in a state veterinary register or on an application made in such form and in such manner, as may be provided by regulations, by any such person, enter his name in the indian veterinary practitioners register: provided that the secretary is satisfied that the person concerned possesses a recognised veterinary qualification.

section 19. of the indian veterinary council act : show related subordinates 1 a committee constituted under section 12 may, subject to regulations, if any, made by the council, appoint such number of veterinary inspectors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of recommending to the central government recognition of veterinary qualification granted by that veterinary institution. 2 the veterinary inspectors shall not interfere with the conduct of any training or examination, but shall report to the committee on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. 3 the committee shall forward a copy of any such report to the veterinary institution concerned and shall also forward a copy with remarks, if any, of the said institution thereon, to the central government.

section 20. of the indian veterinary council act : show related subordinates 1 the council may appoint such number of visitors as it may deem requisite to inspect any veterinary institution or any college or other institution where veterinary education is given or to attend any examination held by any veterinary institution for the purpose of granting any recognised veterinary qualification. 2 any person, whether he is a member or not, may be appointed as a visitor under this section, but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination. 3 the visitors shall not interfere with the conduct of any training or examination, but shall report to the president on the adequacy of the standards of veterinary education including staff, equipment, accommodation, training and other facilities prescribed by regulations for giving veterinary education or on the sufficiency of every examination which they attend. 4 the report of a visitor shall be treated as confidential unless in any particular case the president otherwise directs: provided that if the central government requires a copy of the report of the visitor, the council shall furnish the same.

section 26. of the indian veterinary council act : 1 if any person whose name is entered in the indian veterinary practitioners register obtains any postgraduate degree or diploma in veterinary science in addition to his recognised veterinary qualification, he shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to have an entry stating such degree or diploma made against his name in such register in addition to any entry previously made. 2 the entries in respect of any such person in a state veterinary register shall be altered in accordance with the alterations made in the indian veterinary practitioners register.

section 21. of the indian veterinary council act : show related subordinates 1 when upon report by the committee or the visitor, it appears to the council a that the courses of study and examinations to be undergone in, or the proficiency required from candidates at any examination held by, any veterinary institution, are not in conformity with the regulations made under this act or fall short of the standards required thereby, or b that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such veterinary institution or in any college or other institution affiliated to it do not conform to the standards prescribed by the council. the council shall make a representation to that effect to the central government. 2 after considering such representation, the central government may send it to the state government of the state in which the veterinary institution is situated and the state government shall forward it along with such remarks as it may choose to make to the veterinary institution, with an intimation of the period within which that institution may submit its explanation to the state government. 3 on receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of that period, the state government shall make its recommendation to the central government. 4 the central government, after making such inquiry, if any, as it may deem fit, may, by notification in the official gazette, direct that an entry shall be made in the appropriate schedule against the said veterinary qualification declaring that it shall be a recognised veterinary qualification only when granted before a specified date or that the said veterinary qualification if granted to students of a specified college or institution affiliated to any veterinary institution shall be a recognised veterinary qualification only when granted before a specified date or, as the case may be, that the said veterinary qualification shall be a recognised veterinary qualification in relation to a specified college or institution affiliated to any veterinary institution only when granted after a specified date: provided that before issuing such notification the central government may consult the indian council of agricultural research.

section 25. of the indian veterinary council act : 1 any person whose name has been entered in the indian veterinary practitioners register shall, on an application made in this behalf in such form and in such manner and on payment of such fees, not exceeding fifteen rupees, as may be provided by regulations, be entitled to a certificate of registration. 2 on receipt of an application under subsection 1, the council shall grant to the applicant a certificate of registration in such form as may be provided by regulations: provided that on the removal of his name from a register, such certificate shall cease to be valid. 3 where it is shown to the satisfaction of the secretary of the council that a certificate of registration has been lost or destroyed, the secretary may, on payment of such fees, not exceeding ten rupees, as may be specified by regulations, issue a duplicate certificate in such form as may be specified in the regulations.

section 27. of the indian veterinary council act : if the name of any person enrolled on a state veterinary register is removed therefrom in pursuance of any power conferred under this act, the council shall direct the removal of the name of such person from the indian veterinary practitioners register.

section 28. of the indian veterinary council act : every person registered in the indian veterinary practitioners register shall notify any transfer of the place of his residence or practice to the council and the state veterinary council within ninety days of such transfer, failing which his right to participate in the election of members of the council or a state veterinary council shall be liable to be forfeited by order of the central government either permanently or for such period as may be specified therein.

section 34. of the indian veterinary council act : 1 a joint state veterinary council shall consist of the following members, namely: a two members elected from among themselves by veterinary practitioners registered in the register of each of the participating states b the heads of veterinary institutions, if any, in the participating states, ex officio c two members nominated by each participating state government d the director of veterinary services of each of the participating states, by whatever name called, ex officio e one nominee of the state veterinary associations, if any, of each of the participating states f registrar of the joint state veterinary council, ex officio. 2 the names of the persons nominated or elected as members shall be notified by the state governments in the official gazettes of the states. 3 a person shall not be qualified for nomination or election as a member of the joint state veterinary council unless he holds a recognised veterinary qualification.

section 29. of the indian veterinary council act : subject to the conditions and restrictions laid down in this act, every person whose name is for the time being borne on the indian veterinary practitioners register shall be entitled according to his qualifications to practise as a veterinary practitioner and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments and other appliances or any fees to which he may be entitled.

section 30. of the indian veterinary council act : no person, other than a registered veterinary practitioner, shall a hold office as veterinary physician or surgeon or any other like office by whatever name called in government or in any institution maintained by a local or other authority b practise veterinary medicine in any state: provided that the state government may, by order, permit a person holding a diploma or certificate of veterinary supervisor, stockman or stock assistant by whatever name called issued by the directorate of animal husbandry by whatever name called of any state or any veterinary institution in india, to render, under the supervision and direction of a registered veterinary practitioner, minor veterinary services. explanation.minor veterinary services means the rendering of preliminary veterinary aid, like, vaccination, castration, and dressing of wounds, and such other types of preliminary aid or the treatment of such ailments as the state government may, by notification in the official gazette, specify in this behalf c be entitled to sign or authenticate a veterinary health certificate or any other certificate required by any law to be signed or authenticated by a duly qualified veterinary practitioner d be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the indian evidence act, 1 of , on any matter relating to veterinary medicine.

section 33. of the indian veterinary council act : 1 two or more state governments may enter into an agreement to be in force for such period and to be subject to renewal for further periods, if any, as may be specified in the agreement to provide a for the establishment of a joint state veterinary council for all participating states or b for the state veterinary council of one state to serve the needs of the other participating states. 2 in addition to such matters as are in this act specified, an agreement under this section may a provide for the apportionment between the participating states of the expenditure in connection with the state veterinary council or joint state veterinary council b determine which of the participating state governments shall exercise the several functions of the state government under this act and the references in this act to the state government shall be construed accordingly c provide for consultation between the participating state governments either generally or with reference to particular matters arising under this act d make such incidental and ancillary provisions not inconsistent with this act as may be deemed necessary or expedient for giving effect to the agreement. 3 an agreement under this section shall be published in the official gazettes of the participating states.

section 31. of the indian veterinary council act : show related subordinates 1 the council may, by regulations, specify standards of professional conduct and etiquette and a code of ethics for veterinary practitioners. 2 regulations made by the council under subsection 1 may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provisions shall have effect notwithstanding anything contained in any other law for the time being in force. regulations yeardescriptionfiles the veterinary council of india standard of professional conduct, etiquette and code of ethics for veterinary practitioners regulation,

section 32. of the indian veterinary council act : 1 except where a joint state veterinary council is established in accordance with an agreement made under section 33, the state government shall establish a state veterinary council consisting of the following members, namely: a four members elected from among themselves by veterinary practitioners registered in the state veterinary register b the heads of veterinary institutions, if any, in the state, ex officio c three members nominated by the state government d the director of veterinary services of the state by whatever name called, ex officio e one member to be nominated by the state veterinary association, if any f registrar of the state veterinary council, ex officio. 2 the names of persons nominated or elected as members shall be notified by the state government in the official gazette. 3 a person shall not be qualified for nomination or election as a member of the state veterinary council unless he holds a recognised veterinary qualification.

section 35. of the indian veterinary council act : every state veterinary council shall be a body corporate by such name as may be notified by the state government in the official gazette or, in the case of a joint state veterinary council, as may be determined in the agreement, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and shall by the said name sue or be sued.

section 36. of the indian veterinary council act : the president of the state veterinary council shall be elected by the members of that council from amongst themselves in such manner as may be prescribed.

section 37. of the indian veterinary council act : the election under this chapter shall be conducted in the prescribed manner and where any dispute arises regarding any such election, it shall be referred to the state government for its decision.

section 38. of the indian veterinary council act : 1 subject to the provisions of this section, a member of the state veterinary council, other than an ex officio member, shall hold office for a term of three years from the date of his election or nomination to the state veterinary council or until his successor has been duly elected or nominated, whichever is longer: provided that a member of the state veterinary council nominated under clause c of subsection 1 of section 32 or clause c of subsection 1 of section 34, shall hold office during the pleasure of the authority nominating him. 2 members of the state veterinary council shall be eligible for reelection or renomination, as the case may be. 3 an elected or nominated member of the state veterinary council shall be deemed to have vacated his office a if he is absent without excuse, sufficient in the opinion of the state veterinary council, from three consecutive meetings of the state veterinary council b if he ceases to hold the office from which he has been nominated c in the case of a member whose name is required to be included in any state veterinary register, if his name is removed from the register d if he has been convicted of an offence involving moral turpitude and punishable with imprisonment e if he is an undischarged insolvent f if he is of unsound mind and stands so declared by a competent court. 4 no act done by the state veterinary council shall be called in question on the ground merely of the existence of any vacancy, or defect, in the establishment of, the state veterinary council. 5 a casual vacancy in the state veterinary council shall be filled by fresh election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. 6 the state veterinary council shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed.

section 39. of the indian veterinary council act : 1 the president of the state veterinary council may at any time resign his office by notice in writing addressed to the state veterinary council and delivered to the registrar and the resignation shall take effect from the date on which it is accepted by that council or on the expiry of ninety days from the date of receipt of the resignation by the registrar, whichever is earlier. 2 a member of the state veterinary council may at any time resign his office by notice in writing addressed to the president of the state veterinary council and every such resignation shall take effect from the date on which it is accepted by the president or on the expiry of ninety days from the date of receipt of the resignation by the president, whichever is earlier.

section 41. of the indian veterinary council act : the president and other members of the state veterinary council and the members of the committees other than the members of the state veterinary council shall be paid such fees and allowances for attending the meetings of the state veterinary council and the committees as may be prescribed.

section 40. of the indian veterinary council act : subject to such conditions and restrictions as may be prescribed, the state veterinary council may constitute an executive committee and other committees for exercising any power or discharging any duty of the state veterinary council or for inquiring into, reporting with respect to, or advising on, any matter which the state veterinary council may refer to them.

section 46. of the indian veterinary council act : a person shall be entitled, on payment of the prescribed fee not exceeding twentyfive rupees, to have his name entered on the state veterinary register if he resides in the state and if he holds a recognised veterinary qualification.

section 42. of the indian veterinary council act : 1 the state veterinary council may, with the previous sanction of the state government, appoint a registrar who shall also act as treasurer unless the state veterinary council appoints any person as treasurer and may appoint such other officers and employees as it may deem necessary to carry out the purposes of this act. 2 the terms and conditions of service of the registrar, and of the other officers and employees appointed by the state veterinary council shall be such as may be prescribed. 3 the registrar and other officers and employees of the state veterinary council shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 4 all orders and decisions and other instruments of the state veterinary council shall be authenticated by the signature of the registrar or any other officer of the state veterinary council duly authorised by it in this behalf. 5 notwithstanding anything contained in subsection 1, for the first two years from the first constitution of the state veterinary council the registrar of the state veterinary council shall be a person appointed by the state government, who shall hold office during the pleasure of the state government.

section 43. of the indian veterinary council act : 1 the state veterinary council shall furnish such reports, copies of its minutes and of the minutes of the executive committee and abstract of its accounts to the state government as the state government may from time to time require and shall forward to the council copies of all material so furnished to the state government. 2 the state government may publish in such manner as it thinks fit any report, copy or abstract furnished to it under this section.

section 44. of the indian veterinary council act : 1 the state government shall as soon as may be cause to be prepared in the manner hereinafter provided a register of veterinary practitioners to be known as the state veterinary register for the state. 2 the state veterinary council shall on its establishment assume the duty of maintaining the state veterinary register in accordance with the provisions of this act. 3 the state veterinary register shall contain the names of the persons possessing the recognised veterinary qualifications. 4 the state veterinary register shall include the following particulars, namely: a the full name, nationality and residential address of the registered person b the date of his admission in the state veterinary register c his qualification for registration and the date on which he obtained such qualification and authority which conferred it d his professional address and e such further particulars as may be prescribed.

section 45. of the indian veterinary council act : 1 for the purpose of first preparing the state veterinary register, the state government shall, by notification in the official gazette, constitute a registration tribunal consisting of three persons holding recognised veterinary qualifications and shall also appoint a registrar who shall act as secretary of the tribunal. 2 the state government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by the prescribed fee, not exceeding twentyfive rupees, shall be made to the registration tribunal. 3 the registration tribunal shall examine every application received on or before the appointed date, and, if it is satisfied that the applicant is qualified for registration under section 46, shall direct the entry of the name of the applicant on the register. 4 the register so prepared shall thereafter be published in such manner as the state government may direct, and any person aggrieved by a decision of the registration tribunal expressed or implied in the register as so published may, within sixty days from the date of such publication, appeal to an authority appointed by the state government in this behalf by notification in the official gazette. 5 the registrar shall amend the register in accordance with the decisions of the authority appointed under subsection 4 and shall thereupon issue to every person whose name is entered in the register a certificate of registration in the prescribed form. 6 upon the establishment of the state veterinary council, the register shall be given into its custody, and the state government may direct that all or any specified part of the application fees for registration in the first register shall be paid to the credit of the state veterinary council.

section 51. of the indian veterinary council act : as soon as may be after the 1st day of april each year, the registrar of the state veterinary council shall cause to be printed copies of the state veterinary register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of the prescribed charge not exceeding ten rupees and shall be evidence that on the said date the persons whose names are entered therein were registered veterinary practitioners.

section 47. of the indian veterinary council act : 1 after the date appointed for the receipt of applications for registration under subsection 2 of section 45, all applications for registration shall be addressed to the registrar of the state veterinary council and shall be accompanied by the prescribed fee not exceeding twentyfive rupees. 2 if upon such application the registrar of the state veterinary council is of the opinion that the applicant is entitled to have his name entered on the state veterinary register, he shall enter thereon the name of the applicant: provided that no person, whose name has under the provisions of this act been removed from the state veterinary register of any state, shall be entitled to have his name entered on the state veterinary register of another state except with the approval of the state veterinary council from whose register his name was removed. 3 any person whose application for registration is rejected by the registrar of the state veterinary council may, within three months from the date of such rejection, appeal to the state veterinary council. 4 a person aggrieved by the decision of the state veterinary council under subsection 3 may, within sixty days from the communication to him of such decision, appeal to the state government. 5 upon entry in the state veterinary register of a name under this section, the registrar of the state veterinary council shall issue a certificate of registration in the prescribed form.

section 48. of the indian veterinary council act : 1 the state government may, by notification in the official gazette, direct that for the retention of a name in the state veterinary register, there shall be paid in every five years to the state veterinary council, such renewal fee, not exceeding fifteen rupees, as may be prescribed and where such direction has been made, such renewal fee shall be due to be paid before the 1st day of april of the year to which it relates. 2 where a renewal fee is not paid within the said period, the registrar of the state veterinary council shall remove the name of the defaulter from the state veterinary register: provided that a name so removed may be restored to the said register on payment of renewal fee in such manner as may be prescribed. 3 on payment of the renewal fee, the registrar of the state veterinary council shall issue a certificate of renewal and such certificate shall be proof of renewal of registration.

section 49. of the indian veterinary council act : 1 subject to the provisions of this section, the state veterinary council may order that the name of any person shall be removed from the state veterinary register where it is satisfied after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make a that his name has been entered in the state veterinary register by error or on account of misrepresentation or suppression of a material fact, or b that he has been convicted of an offence involving moral turpitude and punishable with imprisonment or has been guilty of any infamous conduct in any professional respect or has violated the standards of professional conduct and etiquette or the code of ethics which in the opinion of the state veterinary council renders him unfit to be kept in the said register. 2 an order under subsection 1 may direct that any person whose name is ordered to be removed from the state veterinary register shall be ineligible for registration under this act, either permanently or for such period of years as may be specified. 3 an order under subsection 1 shall not take effect until the expiry of three months from the date thereof or until an appeal, if any on such order is finally disposed of, whichever date is later. 4 a person aggrieved by an order under subsection 1 may, within sixty days from the communication to him of such order, appeal to the council. 5 a person aggrieved by the decision of the council under subsection 4 may, within sixty days from the communication to him of such decision, appeal to the central government. 6 a person whose name has been removed from the register under this section or under subsection 2 of section 48 shall forthwith surrender his certificate of registration and certificate of renewal, if any, to the registrar of the state veterinary council and the name so removed shall be published in the official gazette. 7 a person whose name has been removed from the state veterinary register under this section or subsection 2 of section 48 shall not be entitled to have his name registered in the state veterinary register or in any other state veterinary register, except with the approval of the state veterinary council from whose register his name has been removed.

section 50. of the indian veterinary council act : the state veterinary council may, at any time for reasons appearing to it sufficient and subject to approval of the council, order that upon payment of the prescribed fee not exceeding twentyfive rupees, the name of a person removed from a state veterinary register shall be restored thereto.

section 52. of the indian veterinary council act : where a registered veterinary practitioner of one state is practising veterinary medicine in another state, he may, on payment of prescribed fee which shall not exceed the renewal fee for registration in such other state, make an application in the prescribed form to the council for the transfer of his name from the state veterinary register of the state where he is registered to the state veterinary register of the state in which he is practising veterinary medicine, and on receipt of any such application, the council shall, notwithstanding anything contained elsewhere in this act, direct that the name of such person be removed from the firstmentioned state veterinary register and entered in the state veterinary register of the secondmentioned state and the state veterinary councils concerned shall comply with such direction: provided that such a person shall be required to produce a certificate to the effect that all dues in respect of his registration in the former state have been paid: provided further that where any such application for transfer is made by a veterinary practitioner against whom any disciplinary proceeding is pending or where for any other reason it appears to the council that the application for transfer has not been made bona fide and the transfer should not be made, the council may, after giving the veterinary practitioner a reasonable opportunity of making a representation in this behalf, reject the application.

section 53. of the indian veterinary council act : no order refusing to enter a name in a register or removing a name from a register shall be called in question in any court.

section 54. of the indian veterinary council act : where it is shown to the satisfaction of the registrar of the state veterinary council that a certificate of registration or a certificate of renewal has been lost or destroyed, the registrar may, on payment of the prescribed fee, not exceeding ten rupees, issue a duplicate certificate in the prescribed form.

section 55. of the indian veterinary council act : if any person whose name is not for the time being entered in a register falsely represents that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to five hundred rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.

section 56. of the indian veterinary council act : if any person, a not being a person registered in a register, takes or uses the description of a veterinary practitioner, or b not possessing a recognised veterinary qualification, uses a degree or a diploma or a licence or an abbreviation indicating or implying such qualification, he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.

section 58. of the indian veterinary council act : if any person whose name has been removed from a register fails without sufficient cause forthwith to surrender his certificate of registration or certificate of renewal, or both, he shall be punishable with fine which may extend to five hundred rupees and in case of a continuing offence with an additional fine which may extend to ten rupees per day after the first day during which the offence continues..

section 57. of the indian veterinary council act : 1 after the expiry of one year from the date appointed under subsection 2 of section 45, no person, other than a registered veterinary practitioner or a person permitted by the state government under the proviso to clause b of section 30 shall practise veterinary medicine or render minor veterinary services, as the case may be, in that state. 2 if any person contravenes the provisions of subsection 1, he shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.

section 59. of the indian veterinary council act : no court shall take cognizance of any offence punishable under this act except upon complaint made by order of the state government or state veterinary council.

section 60. of the indian veterinary council act : no suit or other legal proceedings shall lie against the central government or the state government or the council or a state veterinary council in respect of anything which is in good faith done or intended to be done in pursuance of this act, or of any rules, regulations or orders made thereunder.

section 61. of the indian veterinary council act : the state veterinary council shall, before the end of june in each year, pay to the council a sum equivalent to onefourth of the total fees realised by the state veterinary council under this act during the period of twelve months ending on the 31st day of march of that year.

section 64. of the indian veterinary council act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of chapters ii, iii, iv and v. 2 every rule made by the central government under this act shall be laid, as soon as may be, after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 67. of the indian veterinary council act : as from the commencement of this act in any state, every other act relating to any matter contained in this act and in force in that state shall, to the extent to which that act or any provision contained therein corresponds, or is repugnant, to this act or any provision contained in this act, stand repealed and the provisions of section 6 of the general clauses act, 10 of , shall apply to such repeal as if such other act were a central act.

section 62. of the indian veterinary council act : 1 the council shall maintain appropriate accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form as may be specified by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the council shall be audited annually by the comptroller and auditorgeneral of india or any person appointed by him in this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the council to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the council shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and papers and to inspect the office of the council. 4 the accounts of the council as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. 5 a copy of the accounts of the council as so certified together with the audit report thereon shall be forwarded simultaneously to the council.

section 65. of the indian veterinary council act : 1 the state government may, by notification in the official gazette, make rules to carry out the purposes of chapters vi, vii and viii. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the president of the state veterinary council shall be elected under section 36 b the manner in which election under chapter vi shall be conducted c the procedure to be observed by the state veterinary council at its meetings under subsection 6 of section 38 d the conditions and restrictions with respect to the constitution of executive committee and other committees under section 40 e the fees and allowances for attending the meetings of the state veterinary council and the committees under section 41 f the terms and conditions of appointment of the registrar, other officers and employees of the state veterinary council under subsection 2 of section 42 g the particulars to be included in the state veterinary register under clause e of subsection 4 of section 44 h the fee which shall be accompanied by an application for registration under subsection 2 of section 45 and subsection 1 of section 47 i the form of certificate of registration under subsection 5 of section 45 and subsection 5 of section 47 j the fee payable under section 46, section 50, section 52 and section 54 k the renewal fee under subsection 1 of section 48 l the manner of payment of renewal fee under the proviso to subsection 2 of section 48 m the charge for supplying printed copies of the state veterinary register under section 51 n the form of duplicate certificate under section 54 o any other matter which is to be or may be prescribed under chapters vi, vii and viii. 3 every rule made under this section shall be laid as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or, where such legislature consists of one house, before that house

section 66. of the indian veterinary council act : show related subordinates 1 the council may, with the previous approval of the central government, make regulations, not inconsistent with the provisions of this act and the rules made under section 64, to carry out the purposes of chapters ii, iii, iv and v. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which the president and vicepresident shall be elected under subsection 4 of section 3 b the procedure to be observed respectively by the council and the committee at their meeting under subsection 6 of section 9 and subsection 2 of section 12 c the terms and conditions of appointment of the secretary, other officers and employees of the council under subsection 2 of section 11 d the fees and allowances for attending the meetings of the council and the committees under section 13 e the form and manner in which the indian veterinary practitioners register shall be maintained under subsection 1 of section 23 f the manner of keeping the indian veterinary practitioners register under subsection 2 of section 23 g the form and manner in which an application may be made under section 24 h the form of application and the fee payable under subsection 1 of section 25 i the form of certificate of registration under subsection 2 of section 25 j the fee payable under subsection 3 of section 25 k the form of duplicate certificate under subsection 3 of section 25 l the form and manner in which an application may be made and the fee payable under subsection 1 of section 26 m the standards of professional conduct and etiquette and code of ethics to be observed by veterinary practitioners under subsection 1 of section 31 n any other matter for which under this act provision may be made by regulations. 3 every regulation shall, as soon as may be after it is made by the council, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.

section 63. of the indian veterinary council act : 1 whenever it appears to the central government that the council is not complying with any of the provisions of this act, the central government may appoint a commission of inquiry consisting of three persons, two of whom shall be appointed by the central government, one being the judge of a high court and one by the council and refer to it the matter on which the inquiry is to be made. 2 the commission shall proceed to inquire in a summary manner and report to the central government on the matters referred to it together with such remedies, if any, as the commission may like to recommend. 3 the central government may accept the report or remit the same to the commission for modification or reconsideration. 4 after the report is finally accepted, the central government may order the council to adopt the remedies so recommended within such time as may be specified in the order and if the council fails to comply within the time so specified, the central government may pass such order or take such action as may be necessary to give effect to the recommendations of the commission. 5 whenever it appears to the state government that the state veterinary council is not complying with any of the provisions of this act, the state government may likewise appoint a similar commission of inquiry in respect of the state veterinary council to make inquiry in like manner and pass such orders or take such action as specified in subsections 3 and 4.

section 4. of the commercial documents evidence act : in the schedule the expression recognised chamber of commerce means a chamber of commerce recognised by the government of its country as being competent to issue certificates of origin, and includes any other association similarly recognised.

section 3. of the commercial documents evidence act : for the purposes of the indian evidence act, 1 of , and notwithstanding anything contained therein, a court a shall presume, within the meaning of that act, in relation to documents included in part i of the schedule, and b may presume, within the meaning of that act, in relation to documents included in part ii of the schedule, that any document purporting to be a document included in part i or part ii of the schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate.

section 1. of the commercial documents evidence act : 1 this act may be called the commercial documents evidence act, . 2 it extends to the whole of india except 1the territories which, immediately before the1st november, , were comprised in part b states. state amendment karnataka amendment of central act xxx of .in subsection 2 of section 1 of the commercial documents evidence act, central act xxx of , after the words and letter in part b states the words, brackets, figures and letters other than the territories specified in clause a and clause c of subsection 1 of section 7 of the states reorganisation act, central act xxxvii of shall be added. vide karnataka act 33 of , s. 7. 1. subs. by the a.o. no. 3 , for part b states.

section 2. of the commercial documents evidence act : notwithstanding anything contained in the indian evidence act, 1 of , statements of facts in issue or of relevant fact made in any document included in the schedule as to matters usually stated in such document shall be themselves relevant facts within the meaning of that act.

section 8. of the delhi restriction of uses of land act : 1 no person shall be entitled to claim compensation under this or any other act for any injury, damage or loss caused or alleged to have been caused by an order a refusing permission to make or extend an excavation, or granting such permission but imposing conditions on the grant, or b refusing permission to lay out a means of access to a road, or granting such permission but imposing conditions on the grant, or c granting permission to erect or reerect a building but imposing conditions on the grant. 2 when an order has been made refusing permission to erect or reerect a building any person who has exercised the right of appeal given by subsection 1 of section 7 may, within three months of the date of the order of the chief commissioner, make to the chief commissioner a claim for compensation on the ground that his interest in the land concerned is injuriously affected by the said order: provided that no claim for compensation may be made under this subsection in respect of any land situated in a controlled area adjoining a road which has been constructed after the commencement of this act or which was not at the commencement of this act or a road within the meaning of clause 17 of section 2. 3 on receipt of a claim under subsection 2 the chief commissioner shall either proceed to acquire the land concerned under the land acquisition act, 1 of , or transfer the claim for disposal to an officer exercising the powers of a collector under the said act: provided that in case the chief commissioner decides to acquire the land, the claimant shall be entitled to be repaid by the acquiring authority the amount of expense which he may have properly incurred in connection with the preparation and submission of his claim for compensation under this section, and in default of agreement such amount shall be determined by the authority deciding the value of the land in the proceedings under land acquisition act, . 4 nothing in this section shall be deemed to preclude the settlement of a claim by mutual agreement. 1. subs. by act of 25 of , s. 3 and the second schedule.

section 1. of the delhi restriction of uses of land act : 1 this act may be called the delhi restriction of uses of land act, . 2 it extends to the 1union territory of delhi. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by the a.o. , for state of delhi. 2. the 28th june, , see gazette of india, , pt. i, p. i.

section 7. of the delhi restriction of uses of land act : 1 any person aggrieved by an order of the deputy commissioner under subsection 2 of section 6 granting permission subject to conditions or refusing permission may within thirty days from the date of such order prefer an appeal to the chief commissioner. 2 the order of the chief commissioner on appeal shall be final.

section 4. of the delhi restriction of uses of land act : 1 the deputy commissioner shall deposit at his office and at the office of the municipal committee, new delhi, and at such other places as he considers necessary, plans showing all lands declared to be controlled areas for the purposes of this act, and setting forth the nature of the restrictions applicable to the land in any such controlled area. 2 the plans so deposited shall be available for inspection by the public free of charge at all reasonable times.

section 10. of the delhi restriction of uses of land act : 1 when a claim is transferred for disposal under section 8 or section 9 to an officer exercising the powers of a collector under the land acquisition act, 1 of , such officer shall make an award determining the amount of compensation, if any, payable to the claimant. 2 the amount of compensation awarded under subsection 1 shall in no case exceed a the amount that would have been payable if the land had been acquired under section 9 or b the difference between the market value of the land in its existing condition having regard to the restrictions actually imposed upon its use and development by the order refusing permission to erect or reerect a building thereon, and its market value immediately before the publication under subsection 2 of section 3 of the notification in pursuance of which the area in which it is situated was declared to be a controlled area, and no compensation shall be awarded under subsection 1 i unless the claimant satisfies the officer making the award that proposals for the development of the land which at the date of the application under subsection 1 of section 6 are immediately practicable, or would have been so, if this act had not been passed, are prevented or injuriously affected by the restrictions imposed under this act, or ii if and in so far as the land is subject to substantially similar restrictions in force under some other enactment which were so in force at the date when the restrictions were imposed under the act, or iii if compensation in respect of the same restriction in force under this act or of substantially similar restrictions in force under some other enactment has already been paid in respect of the land to the claimant or to any predecessor in interest of the claimant. 3 the provisions of parts iii, iv, v and viii of the land acquisition act, 1 of , shall so far as may be apply to an award made under subsection 1 as though it were an award made under that act.

section 3. of the delhi restriction of uses of land act : 1 the chief commissioner may, with the previous sanction of the central government, by notification in the official gazette, declare any land adjacent to and within a distance of four hundred and forty yards from the centre line of any road to be a controlled area for the purposes of this act. 2 not less than three months before making a declaration under subsection 1 the chief commissioner shall cause to be published in the official gazette and in at least two newspapers printed in a language other than english a notification stating that he proposes, with the previous sanction of the central government, to make such a declaration and specifying therein the boundaries of the land in respect of which the declaration is proposed to be made, and copies of every such notification or of the substance thereof shall be published by the deputy commissioner in such manner as he thinks fit at his office and in every revenue estate of which any part is included within the said boundaries. 3 any person interested in any land included within the said boundaries may, at any time before the expiration of thirty days from the last date on which a copy of such notification is published by the deputy commissioner, object to the making of the declaration or to the inclusion of his land or any part of it within the said boundaries. 4 every objection under subsection 3 shall be made to the deputy commissioner in writing, and the deputy commissioner shall give to every person so objecting an opportunity of being heard either in person or by pleader, and shall after all such objections have been heard and after such further enquiry, if any, as he thinks necessary, forward to the chief commissioner the record of the proceedings held by him together with a report setting forth his recommendations on the objections. 5 if before the expiration of the time allowed by subsection 3 for the filing of objections no objection has been made, the chief commissioner may proceed at once to the making of a declaration under subsection 1. if any such objections have been made, the chief commissioner shall consider the record and the report referred to in subsection 4 and shall hear any parties applying to be heard and may either a abandon the proposal to make a declaration under subsection 1, or b make such a declaration in respect of either the whole or a part or parts of the land included within the boundaries specified in the notification under subsection 2. 6 for the purposes of subsection 3 a person shall be deemed to be interested in land if he is person interested as defined in clause b of section 3 of the land acquisition act, 1 of , for the purposes of that act or, where the land is land occupied by or for the purposes of a mosque, imambara, dargah, karbala, takya or muslim graveyard, if he is a muslim. 7 a declaration made under subsection 1 shall, unless and until it is withdrawn, be conclusive evidence of the fact that the area to which it relates is a controlled area.

section 9. of the delhi restriction of uses of land act : if the chief commissioner decides to acquire the land under the land acquisition act, 1 of then, notwithstanding anything contained in that act, i proceedings under section 5a of that act shall not be required ii the notification under section 6 of that act shall be published within six months from the date of institution of the claim, failing which the claim shall be transferred for disposal to an officer exercising the powers of a collector under that act iii the market value of the land shall be assessed as though no declaration under section 3 1 had been made in respect of the area in which it is situated and no restrictions upon its use and development had been imposed, any compensation already paid to the claimant or to any of his predecessors in interest for injurious affection being deducted from the market value as so assessed.

section 5., in a controlled area. of the delhi restriction of uses of land act : no person shall erect or reerect any building, or make or extend any excavation, or lay out any means of access to a road in a controlled area except with the previous permission of the deputy commissioner in writing.

section 6., and the grant or refusal of such permission. of the delhi restriction of uses of land act : 1 every person desiring to obtain the permission referred to in section 5 shall make an application in writing to the deputy commissioner in such from and containing such information in respect of the building, excavation or means of access to which the application relates as may be prescribed. 2 on receipt of such application the deputy commissioner, after making such enquiry as he considers necessary, shall, by order in writing, either a grant the permission, subject to such conditions, if any, as may be specified in the order or b refuse to grant such permission. 3 when the deputy commissioner grants permission subject to conditions under clause a of subsection 2 or refuses to grant permission under clause b of subsection 2, the conditions imposed or the grounds of refusal shall be such as are reasonable having regard to the circumstances of each case. 4 the deputy commissioner shall not refuse permission to the erection or reerection of a building, not being a dwelling house, if such building is required for purposes subservient to agriculture, nor shall the permission to erect or reerect any such building be made subject to any conditions other than those which may be necessary to ensure that the building will be used solely for the purposes specified in the application for permission. 5 the deputy commissioner shall not refuse permission to the erection or reerection of a building which was in existence on the date on which the declaration under subsection 1 of section 3 was made, nor shall he impose any conditions in respect of such erection or reerection unless it involves the addition of one or more storeys to building or the extension of the plinth area of the building by more than oneeight of the original plinth area, or there is a probability that the building will be used for a purpose other than for which it was used on the date on which the said declaration was made. 6 if at the expiration of a period of three months after an application under subsection 1 has been made to the deputy commissioner no order in writing has been passed by the deputy commissioner permission shall be deemed to have been given without the imposition of any conditions. 7 the deputy commissioner shall maintain a register with sufficient particulars of all permissions given by him under this section and the register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom.

section 12., without a licence. of the delhi restriction of uses of land act : 1 no land within a controlled area shall be used for the purposes without of a charcoalkiln, potterykiln or limekiln and no land either within or outside a controlled area shall be used for the purposes of a brickfield or brickkiln except under, and in accordance with the conditions of, a licence from the chief commissioner which shall be renewable annually. 2 the chief commissioner may charge such fees for the grant and renewal of such licences and may impose such conditions in respect thereof as may be prescribed. 3 no person shall be entitled to claim compensation under this or any other act for any injury, damage or loss caused or alleged to have been caused by the refusal of a licence under subsection 1.

section 2. of the delhi restriction of uses of land act : in this act, unless there is anything repugnant in the subject or context, 1 agriculture includes horticulture and the planting and upkeep of orchards 2 building has the same meaning as in clause 2 of section 3 of the punjab municipal act, punj. act iii of 3 chief commissioner means the chief commissioner of delhi 4 deputy commissioner means the deputy commissioner of delhi and includes any authority, not being an officer employed by the delhi improvement trust, appointed by the chief commissioner, by notification in the official gazette, to perform all or any of the functions of the deputy commissioner under this act 5 place of worship includes an imambara, dargah, karbala or takya 6 prescribed means prescribed by rules made under this act 7 road means a metalled road maintained by the central government or by a local authority and 8 the expression to erect or reerect in relation to any building has the same meaning as in clause 5 of section 3 of the punjab municipal act, punj. act iii of .

section 11. of the delhi restriction of uses of land act : nothing in this act shall affect the power of any authority to acquire land or to impose restrictions upon the use and development of land under any other enactment for the time being in force.

section 17. of the delhi restriction of uses of land act : 1 the chief commissioner may make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely : a the form in which applications under subsection 1 of section 6 shall be made and the information to be furnished in such applications b the regulation of the laying out of means of access to roads c the fees to be charged for the grant and renewal of licences under section 12 and the conditions governing such licences. 3 all rules made under this section shall be subject to the condition of previous publication, which publication shall be made in the official gazette and in at least two newspapers printed in a language other than english and the date to be specified under clause 3 of section 23 of the general clauses act, 10 of shall not be less than two months from the date on which the draft of the proposed rules was published.

section 13. of the delhi restriction of uses of land act : 1 any person who a erects or reerects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of section 5 or in contravention of any conditions imposed by an order under section 6 or section 7, or b uses any land in contravention of the provisions of subsection 1 of section 12, shall be punishable with fine which may extend to five hundred rupees and, in the case of a continuing contravention, with a further fine which may extend to fifty rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention. 2 without prejudice to the provisions of subsection 1, the deputy commissioner may order any person who has committed a breach of the provisions of the said subsection to restore to its original state or to bring into conformity with the conditions which have been violated, as the case may be, any building or land in respect of which a contravention such as is described in the said subsection has been committed, and if such person fails to do so within three months of the order may himself take such measures as may appear to him to be necessary to give effect to the order, and the cost of such measures shall be recoverable from such person as an arrear of landrevenue.

section 16. of the delhi restriction of uses of land act : nothing in this act shall apply to a the erection or reerection of buildings upon land included in the inhabited site of any village as defined in the revenue records b the erection or reerection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worship, cenotaph or samadhi on land which is at the time a notification under subsection 2 of section 3 is published by the chief commissioner occupied by or for the purposes of such place of worship, tomb, samadhi, cenotaph or graveyard c excavations including wells made in the ordinary course of agricultural operations d the construction of an unmetalled road intended to give access to land solely for agricultural purposes.

section 14. of the delhi restriction of uses of land act : no court inferior to that of a magistrate of the first class shall try any offence punishable under this act.

section 15. of the delhi restriction of uses of land act : no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 4. of the central excise act : 14. valuation of excisable goods for purposes of charging of duty of excise. 1 where under this act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods, such value shall a in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the sole consideration for the sale, be the transaction value b in any other case, including the case where the goods are not sold, be the value determined in such manner as may be prescribed. 2explanation. for the removal of doubts, it is hereby declared that the pricecumduty of the excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money value of the additional consideration, if any, flowing directly or indirectly from the buyer to the assessee in connection with the sale of such goods, and such pricecumduty, excluding sales tax and other taxes, if any, actually paid, shall be deemed to include the duty payable on such goods. 2 the provisions of this section shall not apply in respect of any excisable goods for which a tariff value has been fixed under subsection 2 of section 3. 3 for the purposes of this section, a assessee means the person who is liable to pay the duty of excise under this act and includes his agent b persons shall be deemed to be related if i they are interconnected undertakings ii they are relatives iii amongst them the buyer is a relative and a distributor of the assessee, or a subdistributor of such distributor or iv they are so associated that they have interest, directly or indirectly, in the business of each other. explanation.in this clause 3i interconnected undertakings means two or more undertakings which are interconnected with each other in any of the following manners, namely a if one owns or controls the other b where the undertakings are owned by firms, if such firms have one or more common partners c where the undertakings are owned by bodies corporate, i if one body corporate manages the other body corporate or ii if one body corporate is a subsidiary of the other body corporate or iii if the bodies corporate are under the same management or iv if one body corporate exercises control over the other body corporate in any other manner d where one undertaking is owned by a body corporate and the other is owned by a firm, if one or more partners of the firm, i hold, directly or indirectly, not less than fifty per cent of the shares, whether preference or equity, of the body corporate or ii exercise control, directly or indirectly, whether as director or otherwise, over the body corporate e if one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners, if such bodies corporate are under the same management f if the undertakings are owned or controlled by the same person or by the same group g if one is connected with the other either directly or through any number of undertakings which are interconnected undertakings within the meaning of one or more of the foregoing subclauses. explanation i. for the purposes of this clause, two bodies corporate shall be deemed to be under the same management i if one such body corporate exercises control over the other or both are under the control of the same group or any of the constituents of the same group or ii if the managing director or manager of one such body corporate is the managing director or manager of the other or iii if one such body corporate holds not less than onefourth of the equity shares in the other or controls the composition of not less than onefourth of the total membership of the board of directors of the other or iv if one or more directors of one such body corporate constitute, or at any time within a period of six months immediately preceding the day when the question arises as to whether such bodies corporate are under the same management, constituted whether independently or together with relatives of such directors or employees of the first mentioned body corporate onefourth of the directors of the other or v if the same individual or individuals belonging to a group, while holding whether by themselves or together with their relatives not less than onefourth of the equity shares in one such body corporate also hold whether by themselves or together with their relatives not less than onefourth of the equity shares in the other or vi if the same body corporate or bodies corporate belonging to a group, holding, whether independently or along with its or their subsidiary or subsidiaries, not less than onefourth of the equity shares in one body corporate, also hold not less than onefourth of the equity shares in the other or vii if not less than onefourth of the total voting power in relation to each of the two bodies corporate is exercised or controlled by the same individual whether independently or together with his relatives or the same body corporate whether independently or together with its subsidiaries or viii if not less than onefourth of the total voting power in relation to each of the two bodies corporate is exercised or controlled by the same individuals belonging to a group or by the same bodies corporate belonging to a group, or jointly by such individual or individuals and one or more of such bodies corporate or ix if the directors of one such body corporate are accustomed to act in accordance with the directions or instructions of one or more of the directors of the other, or if the directors of both the bodies corporate are accustomed to act in accordance with the directions or instructions of an individual, whether belonging to a group or not. explanation ii. if a group exercises control over a body corporate, that body corporate and every other body corporate, which is a constituent of, or controlled by, the group shall be deemed to be under the same management. explanation iii. if two or more bodies corporate under the same management hold, in the aggregate, not less than onefourth equity share capital in any other body corporate, such other body corporate shall be deemed to be under the same management as the first mentioned bodies corporate. explanation iv. in determining whether or not two or more bodies corporate are under the same management, the shares held by financial institutions in such bodies corporate shall not be taken into account. illustration undertaking b is interconnected with undertaking a and undertaking c is interconnected with undertaking b. undertaking c is interconnected with undertaking a if undertaking d is interconnected with undertaking c, undertaking d will be interconnected with undertaking b and consequently with undertaking a and so on. explanation v for the purposes of this clause, group means a group of i two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate excluding financial institutions, or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust or ii associated persons. explanation vi. for the purposes of this clause, i a group of persons who are able, directly or indirectly, to control the policy of a body corporate, firm or trust, without having a controlling interest in that body corporate, firm or trust, shall also be deemed to be in a position to exercise control over it ii associated persons a in relation to a director of a body corporate, means i a relative of such director, and includes a firm in which such director or his relative is a partner ii any trust of which any such director or his relative is a trustee iii any company of which such director, whether independently or together with his relatives, constitutes onefourth of its board of directors iv any other body corporate, at any general meeting of which not less than onefourth of the total number of directors of such other body corporate are appointed or controlled by the director of the first mentioned body corporate or his relative, whether acting singly or jointly b in relation to the partner of a firm, means a relative of such partner and includes any other partner of such firm and c in relation to the trustee of a trust, means any other trustee of such trust iii where any person is an associated person in relation to another, the letter shall also be deemed to be an associated person in relation to the former b relative shall have the meaning assigned to it in clause 41 of section 2 of the companies act, 1 of c place of removal means i a factory or any other place or premises of production or manufacture of the excisable goods ii a warehouse or any other place or premises wherein the excisable goods have been permitted to be deposited without 4payment of duty 5iii a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory, from where such goods are removed 5cc time of removal, in respect of the excisable goods removed from the place of removal referred to in subclause iii of clause c, shall be deemed to be the time at which such goods are cleared from the factory d transaction value means the price actually paid or payable for the goods, when sold, and includes in addition to the amount charged as price, any amount that the buyer is liable to pay to, or on behalf of, the assessee, by reason of, or in connection with the sale, whether payable at the time of the sale or at any other time, including, but not limited to, any amount charged for, or to make provision for, advertising or publicity, marketing and selling organization expenses, storage, outward handling, servicing, warranty, commission or any other matter but does not include the amount of duty of excise, sales tax and other taxes, if any, actually paid or actually payable on such goods. 1. subs. by act 10 of , s. 94 w.e.f. . 2. ins. by act 32 of , s. 136, w.e.f. . 3. subs. by act 23 of , s. 133, for i. 4. subs. by act 32 of , s. 136, for payment of duty,. 5. ins. by, ibid, s. 136.

section 1. of the central excise act : 11 this act may be called the central excise act, . 2 it extends to the whole of india 2 . 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by ibid, s. 71, for subsection 1, w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 41 of , s. 2 and sch, w.e.f. . 3. 28th february, , see notification no. iiid, dated 26th february, , gazette of india, extra., , p. 293.

section 2. of the central excise act : in this act, unless there is anything repugnant in the subject or context, 1a adjudicating authority means any authority competent to pass any order or decision under this act, but does not include the central board of excise and customs constituted under the central boards of revenue act, 54 of 2commissioner of central excise appeals or appellate tribunal aa appellate tribunal means the customs, excise and 3service tax appellate tribunal constituted under section 129 of the customs act, 52 of 4aaa broker or commission agent means a person who in the ordinary course of business makes contracts for the sale or purchase of excisable goods for others 5b central excise officer means the 6principal chief commissioner of central excise, chief commissioner of central excise, principal commissioner of central excise, commissioner of central excise appeals, additional commissioner of central excise, 7joint commissioner of central excise, 8assistant commissioner of central excise or deputy commissioner of central excise or any other officer of the central excise department, or any person including an officer of the state government invested by the central board of excise and customs constituted under the central boards of revenue act, 54 of with any of the powers of a central excise officer under this act c curing includes wilting, drying, fermenting and any process for rendering an unmanufactured product fit for marketing or manufacture d excisable goods means goods specified in 9the fourth schedule as being subject to a duty of excise10 and includes salt 11explanation. for the purposes of this clause, goods includes any article, material or substance which is capable of being bought and sold for a consideration and such goods shall be deemed to be marketable. e factory means any premises, including the precincts thereof, wherein or in any part of which excisable goods 12 are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on 13ee fund means the consumer welfare fund established under section 12c 14f manufacture includes any process i incidental or ancillary to the completion of a manufactured product ii which is specified in relation to any goods in the section or chapter notes of 15the fourth schedule as amounting to 16manufacture or, 17iii which, in relation to the goods specified in the third schedule, involves packing or repacking of such goods in a unit container or labelling or relabelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer and the word manufacture shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account 18ff national tax tribunal means the national tax tribunal established under section 3 of the national tax tribunal act, 49 of g prescribed means prescribed by rules made under this act h sale and purchase, with their grammatical variations and cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for cash or deferred payment or other valuable consideration i 19 j 20 jj 21 k wholesale dealer means a person who buys or sells excisable goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent, who, in addition to making contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others as an agent for the purpose of sale. 1. ins. by act 44 of , s. 50 and sch. v, part ii1 w.e.f. . 2. subs. by act 22 of , s. 70, for collector of central excise appeals. 3. subs. by act 32 of , s. 135, for gold control w.e.f. . 4. clause a relettered by act 44 of , s. 50 and sch. v, part ii w.e.f. . 5. subs. by act 22 of , s. 71, for clause b w.e.f. . 6. subs. by act 25 of , s. 96, for chief commissioner of central excise w.e.f. . 7. ins. by act 27 of , s. 120i w.e.f. . 8. subs. by ibid, s. 119, for assistant commissioner of central excise. 9. subs. by act 18 of , s. 5a, for the first schedule and the second schedule to the central excise tariff act, 5 of . 10. references to the expressions duty, duties, duty of excise and duties of excise shall, save as otherwise expressly provided in this act and unless the context otherwise requires, be construed to include a reference to the special duty of excise specified in the second schedule to the central excise tariff act, . 11. ins. by act 18 of , s. 78, w.e.f. . 12. the word other than salt omitted by act 18 of , s. 5b. 13. ins. by act 40 of , s. 2 w.e.f. . earlier cl. ee, ins. by act 25 of , s. 11 and sch. iv, omitted by act 41 of , s. 2 and sch w.e.f. . 14. subs. by act 5 of , s. 4, for subclause f w.e.f. . 15. subs. by act 18 of , s. 5c, for the first schedule to the central excise tariff act, 5 of . 16. subs. by act 20 of , s. 132i, for manufacture w.e.f. . 17. subs. by act 32 of , s. 135, for subclause iii. w.e.f. . 18. ins. by act 49 of , s. 30 and sch. pt. vii1 w.e.f. . 19. clause i omitted by act 33 of , s. 72, w.e.f. . 20. clause j omitted by ibid, s. 72, w.e.f. . 21. clause jj, omitted by act 25 of , s. 11 and sch. iv. earlier clause jj was inserted by the a.o. .

section 3c. of the central excise act : 13c. power of central government to amend fourth schedule.1 where the central government is satisfied that it is necessary so to do in the public interest, it may, by notification in the official gazette, amend the fourth schedule: provided that such amendment shall not alter or affect in any manner the rates specified in the fourth schedule at which the duties of excise shall be leviable on the goods specified therein. 1. ins. by act 18 of , s. 8.

section 4a. of the central excise act : 14a. valuation of excisable goods with reference to retail sale price. 1 the central government may, by notification in the official gazette, specify any goods, in relation to which it is required, under the provisions of the 2legal metrology act, 1 of or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such goods, to which the provisions of subsection 2 shall apply. 2 where the goods specified under subsection 1 are excisable goods and are chargeable to duty of excise with reference to value, then, notwithstanding anything contained in section 4, such value shall be deemed to be the retail sale price declared on such goods less such amount of abatement, if any, from such retail sale price as the central government may allow by notification in the official gazette. 3 the central government may, for the purpose of allowing any abatement under subsection 2, take into account the amount of duty of excise, sales tax and other taxes, if any, payable on such goods. 34 where any goods specified under subsection 1 are excisable goods and the manufacturer a removes such goods from the place of manufacture, without declaring the retail sale price of such goods on the packages or declares a retail sale price which is not the retail sale price as required to be declared under the provisions of the act, rules or other law as referred to in subsection 1 or b tampers with, obliterates or alters the retail sale price declared on the package of such goods after their removal from the place of manufacture, then, such goods shall be liable to confiscation and the retail sale price of such goods shall be ascertained in the prescribed manner and such price shall be deemed to be the retail sale price for the purposes of this section. 4explanation 1.for the purposes of this section, retail sale price means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing, forwarding and the like, as the case may be, and the price is the sole consideration for such sale: provided that in case the provisions of the act, rules or other law as referred to in subsection 1 require to declare on the package, the retail sale price excluding any taxes, local or otherwise, the retail sale price shall be construed accordingly. explanation 2. for the purposes of this section, a where on the package of any excisable goods more than one retail sale price is declared, the maximum of such retail sale price shall be deemed to be the retail sale price b where the retail sale price, declared on packages of any excisable goods at the time of its clearance from the place of manufacture, is altered to increase the retail sale price, such altered retail sale price shall be deemed to be the retail sale price c where different retail sale prices are declared on different packages for the sale of any excisable goods in packaged form in different areas, each such retail sale price shall be the retail sale price for the purposes of valuation of the excisable goods intended to be sold in the area to which the retail sale price relates. 1. ins. by act 26 of , s. 82. 2. subs. by act 8 of , s. 62 w.e.f. . 3. subs. by act 32 of , s. 137, for subsection 4. 4. subs. by act 21 of , s. 105.

section 2a. of the central excise act : 12a. references of certain expressions. in this act, save as otherwise expressly provided and unless the context otherwise requires, references to the expressions duty, duties, duty of excise and duties of excise shall be construed to include a reference to central value added tax cenvat. 1. ins. by act 10 of , s. 91 w.e.f. .

section 5. of the central excise act : 15. remission of duty on goods found deficient in quantity. 1 the central government may, by rules made under this section, provide for remission of duty of excise leviable on any excisable goods which due to any natural cause are found to be deficient in quantity. 2 any rules made under subsection 1 may, having regard to the nature of the excisable goods or of processing or of curing thereof, the period of their storage or transit and other relevant considerations, fix the limit or limits of percentage beyond which no such remission shall be allowed: provided that different limit or limits of percentage may be fixed for different varieties of the same excisable goods or for different areas or for different seasons. 1. ins. by act 25 of , s. 20 w.e.f. . the original section was omitted by act 41 of , s. 2 and sch.

section 3a. of the central excise act : 13a. power of central government to charge excise duty on the basis of capacity of production in respect of notified goods. 1 notwithstanding anything contained in section 3, where the central government, having regard to the nature of the process of manufacture or production of excisable goods of any specified description, the extent of evasion of duty in regard to such goods or such other factors as may be relevant, is of the opinion that it is necessary to safeguard the interest of revenue, specify, by notification in the official gazette, such goods as notified goods and there shall be levied and collected duty of excise on such goods in accordance with the provisions of this section. 2 where a notification is issued under subsection 1, the central government may, by rules, a provide the manner for determination of the annual capacity of production of the factory, in which such goods are produced, by an officer not below the rank of assistant 2principal commissioner of central excise or commissioner of central excise and such annual capacity shall be deemed to be the annual production of such goods by such factory or bi specify the factor relevant to the production of such goods and the quantity that is deemed to be produced by use of a unit of such factor and ii provide for the determination of the annual capacity of production of the factory in which such goods are produced on the basis of such factor by an officer not below the rank of assistant 2principal commissioner of central excise or commissioner of central excise and such annual capacity of production shall be deemed to be the annual production of such goods by such factory: provided that where a factory producing notified goods is in operation during a part of the year only, the annual production thereof shall be calculated on proportionate basis of the annual capacity of production: provided further that in a case where the factor relevant to the production is altered or modified at any time during the year, the annual production shall be redetermined on a proportionate basis having regard to such alteration or modification. 3 the duty of excise on notified goods shall be levied, at such rate, on the unit of production or, as the case may be, on such factor relevant to the production, as the central government may, by notification in the official gazette, specify, and collected in such manner as may be prescribed: provided that where a factory producing notified goods did not produce the notified goods during any continuous period of fifteen days or more, the duty calculated on a proportionate basis shall be abated in respect of such period if the manufacturer of such goods fulfils such conditions as may be prescribed. 4 the provisions of this section shall not apply to goods produced or manufactured, by a hundred per cent exportoriented undertaking and brought to any other place in india. explanation 1. for the removal of doubts, it is hereby clarified that for the purposes of section 3 of the customs tariff act, 51 of , the duty of excise leviable on the notified goods shall be deemed to be the duty of excise leviable on such goods under the 3fourth schedule, read with any notification for the time being in force. explanation 2. for the purposes of this section, the expression hundred per cent exportoriented undertaking shall have the meaning assigned to it in section 3. 4explanation 3. for the purposes of subsections 2 and 3, the word factor includes factors. 1. ins. by act 18 of , s. 79. w.e.f. prior s. 3a was omitted by act 14 of , s. 121. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. subs. by act 18 of , s. 7, for first schedule and the second schedule to the central excise tariff act, 5 of . 4. ins. by act 20 of , s. 92.

section 5b. of the central excise act : 15b. nonreversal of cenvat credit. where an assessee has paid duty of excise on a final product and has been allowed credit of the duty or tax or cess paid on inputs, capital goods and input services used in making of the said product, but subsequently the process of making the said product is held by the court as not chargeable to excise duty, the central government may, by notification, order for nonreversal of such credit allowed to the assessee subject to such conditions as may be specified in the said notification: provided that the order for nonreversal of credit shall not apply where an assessee has preferred a claim for refund of excise duty paid by him: provided further that the central government may also specify in the notification referred to above for nonreversal of credit, if any, taken by the buyer of the said product. 1. ins. by act 22 of , s. 116.

section 3b. of the central excise act : 13b. emergency power of central government to increase duty of excise. 1 where, in respect of any goods, the central government is satisfied that the duty leviable thereon under section 3 should be increased and that circumstances exist which render it necessary to take immediate action, the central government may, by notification in the official gazette, amend the fourth schedule to substitute the rate of duty specified therein in respect of such goods in the following manner, namely a in a case where the rate of duty as specified in the fourth schedule as in force immediately before the issue of such notification is nil, a rate of duty not exceeding fifty per cent ad valorem expressed in any form or method b in any other case, a rate of duty which shall not be more than twice the rate of duty specified in respect of such goods in the fourth schedule as in force immediately before the issue of the said notification: provided that the central government shall not issue any notification under this subsection for substituting the rate of duty in respect of any goods as specified by an earlier notification issued under this subsection by that government before such earlier notification has been approved with or without modifications under subsection 2. explanation. for the purposes of this subsection, the term form or method, in relation to a rate of duty of excise, means the basis, including valuation, weight, number, length, area, volume or any other measure, on which the duty may be levied. 2 every notification under subsection 1 shall be laid before each house of parliament, if it is in session, as soon as may be after the issue of the notification, and, if it is not in session, within seven days of its reassembly, and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. 3 any notification issued under subsection 1, including a notification approved or modified under subsection 2, may be rescinded by the central government at any time by issuing notification in the official gazette. 1. ins. by act 18 of , s. 8.

section 3. of the central excise act : 13. duty specified in the fourth schedule to be levied. 1 there shall be levied and collected in such manner as may be prescribed a duty of excise to be called the central value added tax cenvat on all excisable goods excluding goods produced or manufactured in special economic zones which are produced or manufactured in india as, and at the rates, set forth in the fourth schedule: provided that the duty of excise which shall be levied and collected on any excisable goods which are produced or manufactured by a hundred per cent export oriented undertaking and brought to any other place in india, shall be an amount equal to the aggregate of the duties of customs which would be leviable under the customs act, 52 of or any other law for the time being in force, on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value, the value of such excisable goods shall, notwithstanding anything contained in any other provision of this act, be determined in accordance with the provisions of the customs act, and the customs tariff act, 51 of . explanation 1. where in respect of any such like goods, any duty of customs leviable for the time being in force is leviable at different rates, then, such duty shall, for the purposes of this proviso, be deemed to be leviable at the highest of those rates. explanation 2. for the purposes of this subsection, i hundred per cent exportoriented undertaking means an undertaking which has been approved as a hundred per cent exportoriented undertaking by the board appointed in this behalf by the central government in exercise of the powers conferred by section 14 of the industries development and regulation act, 65 of , and the rules made under that act ii special economic zone shall have the meaning assigned to it in clause za of section 2 of the special economic zones act, 28 of . 2 the provisions of subsection 1 shall apply in respect of all excisable goods which are produced or manufactured in india by or on behalf of the government, as they apply in respect of goods which are not produced or manufactured by the government. 3 the central government may, by notification in the official gazette, fix, for the purposes of levying the said duty, tariff values of any articles enumerated, either specifically or under general headings, in the fourth schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in force. 4 the central government may fix different tariff values a for different classes or descriptions of the same excisable goods or b for excisable goods of the same class or description i produced or manufactured by different classes of producers or manufacturers or ii sold to different classes of buyers: provided that in fixing different tariff values in respect of excisable goods falling under subclause i or subclause ii, regard shall be had to the sale prices charged by the different classes of producers or manufacturers or, as the case may be, the normal practice of the wholesale trade in such goods. 1. subs. by act 18 of , s. 6, for section 3.

section 8. of the central excise act : from such date as may be specified in this behalf by the central government by notification in the official gazette, no person shall, except as provided by rules made under this act, have in his possession 1any goods specified in the second schedule in excess of such quantity as may be prescribed for the purposes of this section as the maximum amount of such goods or of any variety of such goods which may be possessed at any one time by such a person. 1. subs. by act 18 of , s. 9, for any excisable goods specified in this behalf in part b of the second sch. w.e.f. 274 .

section 9. of the central excise act : 11 whoever commits any of the following offences, namely: 2a contravenes any of the provisions of section 8 or of a rule made under clause iii or clause xxvii of subsection 2 of section 37 b evades the payment of any duty payable under this act 3bb removes any excisable goods in contravention of any of the provisions of this act or any rules made thereunder or in any way concerns himself with such removal bbb acquires possession of, or in any way concerns himself in transporting, depositing, keeping, concealing, selling or purchasing, or in any other manner deals with any excisable goods which he knows or has reason to believe are liable to confiscation under this act or any rule made thereunder 4bbbb contravenes any of the provisions of this act or the rules made thereunder in relation to credit of any duty allowed to be utilised towards payment of excise duty on final products c fails to supply any information which he is required by rules made under this act to supply, or unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true supplies false information d attempts to commit, or abets the commission of, any of the offences mentioned in clauses a and b of this section 5shall be punishable, i in the case of an offence relating to any excisable goods, the duty leviable thereon under this act exceeds 6fifty lakh of rupees, with imprisonment for a term which may extend to seven years and with fine: provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court such imprisonment shall not be for a term of less than six months ii in any other case, with imprisonment for a term which may extend to three years or with fine or with both. 72 if any person convicted of an offence under this section is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to seven years and with fine: provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court such imprisonment shall not be for a term of less than six months. 3 for the purposes of subsections 1 and 2, the following shall not be considered as special and adequate reasons for awarding a sentence of imprisonment for a term of less than six months, namely: i the fact that the accused has been convicted for the first time for an offence under this act ii the fact that in any proceeding under this act, other than a prosecution, the accused has been ordered to pay a penalty or the goods in relation to such proceedings have been ordered to be confiscated or any other action has been taken against him for the same act which constitutes the offence iii the fact that the accused was not the principal offender and was acting merely as a carrier of goods or otherwise was a secondary party in the commission of the offence iv the age of the accused. 1. s. 9 renumbered as subsection 1 of that section by act 36 of , s. 20 w.e.f. . 2. subs. by act 18 of , s. 113, for clause a w.e.f. . 3. ins. by act 36 of , s. 20ia w.e.f. . 4. ins. by act 21 of , s. 107 w.e.f. . 5. subs. by act 36 of , s. 20ib for certain words. 6. subs. by act 17 of , s. 88, for thirty lakh. 7. ins. by act 36 of , s. 20ii.

section 9aa. of the central excise act : 19aa. offences by companies. 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means anybody corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. ins. by act 79 of , s. 2 w.e.f. .

section 5a. of the central excise act : 15a. power to grant exemption from duty of excise.1 if the central government is satisfied that it is necessary in the public interest so to do, it may, by notification in the official gazette, exempt generally either absolutely or subject to such conditions to be fulfilled before or after removal as may be specified in the notification, excisable goods of any specified description from the whole or any part of the duty of excise leviable thereon: provided that, unless specifically provided in such notification, no exemption therein shall apply to excisable goods which are produced or manufactured i in a 2free trade zone 3 and brought to any other place in india or ii by a hundred per cent exportoriented undertaking and 4rought to any other place in india. explanation.in this proviso, 2free trade zone 5 and hundred per cent exportoriented undertaking shall have the same meanings as in explanation 2 to subsection 1 of section 3. 61a for the removal of doubts, it is hereby declared that where an exemption under subsection 1 in respect of any excisable goods from the whole of the duty of excise leviable thereon has been granted absolutely, the manufacturer of such excisable goods shall not pay the duty of excise on such goods. 72 if the central government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt from the payment of duty of excise, under circumstances of an exceptional nature to be stated in such order, any excisable goods on which duty of excise is leviable. 82a the central government may, if it considers it necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under subsection 1 or order issued under subsection 2, insert an explanation in such notification or order, as the case may be, by notification in the official gazette at any time within one year of issue of the notification under subsection 1 or order under subsection 2, and every such explanation shall have effect as if it had always been the part of the first notification or order, as the case may be. 3 an exemption under subsection 1 or subsection 2 in respect of any excisable goods from any part of the duty of excise leviable thereon the duty of excise leviable thereon being hereinafter referred to as the statutory duty may be granted by providing for the levy of a duty on such goods at a rate expressed in a form or method different from the form or method in which the statutory duty is leviable and any exemption granted in relation to any excisable goods in the manner provided in this subsection shall have effect subject to the condition that the duty of excise chargeable on such goods shall in no case exceed the statutory duty. explanation. form or method, in relation to a rate of duty of excise means the basis, namely, valuation, weight, number, length, area, volume or other measure with reference to which the duty is leviable. 4 every notification issued under subrule 1, and every order made under subrule 2, of rule 8 of the central excise rules, , and in force immediately before the commencement of the customs and central excises laws amendment act, shall be deemed to have been issued or made under the provisions of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provisions of this section. 95 every notification issued under subsection 1 or subsection 2a shall, unless otherwise provided, come into force on the date of its issue by the central government for publication in the official gazette. 6 10 ic 1. ins. by act 29 of , s. 9 w.e.f. . 2. subs. by act 14 of , s. 122, for free trade zone. 3. the words or a special economic zone omitted by act 20 of , s. 134 w.e.f. a date to be notified. 4. subs. by act 14 of , s. 122, for allowed to be sold in india,. 5. the words , special economic zone omitted by act 20 of , s. 134 w.e.f. a date to be notified. 6. ins. by act 18 of , s. 75. 7. subs. by act 32 of , s. 138, for subsection 2. 8. ins. by act 20 of , s. 134. 9. subs. by act 28 of , s. 142i, for clause 5. 10. clause 6 omitted by act 28 of , s. 142ii.

section 6. of the central excise act : 16. registration of certain persons. any prescribed person who is engaged in a the production or manufacture or any process of production or manufacture of any specified goods included in the 2first schedule and the second schedule to the central excise tariff act, 5 of , or b the wholesale purchase or sale whether on his own account or as a broker or commission agent or the storage of any specified goods included in the 2first schedule and the second schedule to the central excise tariff act, 5 of , shall get himself registered with the proper officer in such manner as may be prescribed. 1. subs. by act 18 of , s. 113i, for section 6, w.e.f. . 2. subs. by act 27 of , s. 119, for the schedule w.e.f. .

section 9c. of the central excise act : 19c. presumption of culpable mental state. 1 in any prosecution for an offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. explanation. in this section, culpable mental state includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. 2 for the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. 1. ins. by act 36 of , s. 21.

section 7.. of the central excise act : form and conditions of licence.omitted by the finance act, act 18 of , s. 113.

section 9a. of the central excise act : 19a. certain offences to be noncognizable. 21 notwithstanding anything contained in the code of criminal procedure, 2 of , offences under section 9, except the offences referred to in subsection 1a, shall be noncognizable within the meaning of that code. 1a the offences relating to excisable goods where the duty leviable thereon under this act exceeds fifty lakh rupees and punishable under clause b or clause bbbb of subsection 1 of section 9, shall be cognizable and nonbailable. 32 any offence under this chapter may, either before or after the institution of prosecution, be compounded by the4principal chief commissioner of central excise or chief commissioner of central excise on payment, by the person accused of the offence to the central government, of 5such compounding amount and in such manner of compounding as may be prescribed: 6provided that nothing contained in this subsection shall apply to a a person who has been allowed to compound once in respect of any of the offences under the provisions of clause a, b, bb, bbb, bbbb or c of subsection 1 of section 9 b a person who has been accused of committing an offence under this act which is also an offence under the narcotic drugs and psychotropic substances act, 61 of c a person who has been allowed to compound once in respect of any offence under this chapter for goods of value exceeding rupees one crore d a person who has been convicted by the court under this act on or after the 30th day of december, . 1. ins. by ibid, s. 21. 2. subs. by act 17 of , s. 89, for 1. 3. ins. by act 23 of , s. 79. 4. subs. by act 25 of , s. 95, for chief commissioner of central excise. 5. subs. by act 33 of , s. 104i for such compounding amount. 6. ins. by act 33 of , s. 104ii.

section 10. of the central excise act : any court trying an offence under this chapter may order the forfeiture to 1government of any goods in respect of which the court is satisfied that an offence under this chapter has been committed, and may also order the forfeiture of any receptacles, packages or coverings in which such goods are contained and the animals, vehicles, vessels or other conveyances used in carrying the goods, and any implements or machinery used in the manufacture of the goods. 1. subs. by the a.o. .

section 11aa. of the central excise act : 111aa. interest on delayed payment of duty. 1 notwithstanding anything contained in any judgment, decree, order or direction of the appellate tribunal or any court or in any other provision of this act or the rules made thereunder, the person, who is liable to pay duty, shall, in addition to the duty, be liable to pay interest at the rate specified in subsection 2, whether such payment is made voluntarily or after determination of the amount of duty under section 11a. 2 interest, at such rate not below ten per cent, and not exceeding thirtysix per cent per annum, as the central government may, by notification in the official gazette, fix, shall be paid in terms of section 11a after the due date by the person liable to pay duty and such interest shall be calculated from the date on which such duty becomes due up to the date of actual payment of the amount due. 3 notwithstanding anything contained in subsection 1, no interest shall be payable where, a the duty becomes payable consequent to the issue of an order, instruction or direction by the board under section 37b and b such amount of duty is voluntarily paid in full, within fortyfive days from the date of issue of such order, instruction or direction, without reserving any right to appeal against the said payment at any subsequent stage of such payment. 1. subs. by act 8 of , s. 64, for section 11aa and 11ab.

section 9b., of persons convicted under the act. of the central excise act : 19b. power of court to publish name, place of business, etc., of persons convicted under the act. 1 where any person is convicted under this act for contravention of any of the provisions thereof, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person, in such newspapers or in such manner as the court may direct. 2 no publication under subsection 1 shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. 3 the expenses of any publication under subsection 1 shall be recoverable from the convicted person as if it were a fine imposed by the court. 1. ins. by act 36 of , s. 21.

section 9d. of the central excise act : 19d. relevancy of statements under certain circumstances. 1 a statement made and signed by a person before any central excise officer of a gazetted rank during the course of any inquiry or proceeding under this act shall be relevant, for the purpose of proving, in any prosecution for an offence under this act, the truth of the facts which it contains, a when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable or b when the person who made the statement is examined as a witness in the case before the court and the court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. 2 the provisions of subsection 1 shall, so far as may be, apply in relation to any proceeding under this act, other than a proceeding before a court, as they apply in relation to a proceeding before a court. 1. ins. by act 36 of , s. 21.

section 9e. of the central excise act : 19e. application of section 562 of the code of criminal procedure, , and of the probation of offenders act, . 1 nothing contained in section 562 of the code of criminal procedure, 5 of 2 , or in the probation of offenders act, 20 of , shall apply to a person convicted of an offence under this act unless that person is under eighteen years of age. 2 the provisions of subsection 1 shall have effect notwithstanding anything contained in subsection 3 of section 9. 1. ins. by act 36 of , s. 21. 2. now the relevant provisions of the crpc, 2 of .

section 11. of the central excise act : 11 in respect of duty and any other sums of any kind payable to the central government under any of the provisions of this act or of the rules made thereunder 2including the amount required to be paid to the credit of the central government under section 11d, the officer empowered by the 3central board of excise and customs constituted under the central boards of revenue act, 54 of to levy such duty or require the payment of such sums 4may deduct or require any other central excise officer or a proper officer referred to in section 142 of the customs act, 52 of to deduct the amount so payable from any money owing to the person from whom such sums may be recoverable or due which may be in his hands or under his disposal or control or may be in the hands or under disposal or control of such other officer, or may recover the amount by attachment and sale of excisable goods belonging to such person and if the amount payable is not so recovered he may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the collector of the district in which such person resides or conducts his business and the said collector, on receipt of such certificate, shall proceed to recover from the said person the amount specified therein as if it were an arrear of land revenue: 52i the central excise officer may, by a notice in writing, require any other person from whom money is due to such person, or may become due to such person, or who holds or may subsequently hold money for or on account of such person, to pay to the credit of the central government either forthwith upon the money becoming due or being held, or at or within the time specified in the notice, not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount ii every person to whom a notice is issued under this subsection shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary iii in a case where the person to whom a notice under this subsection has been issued, fails to make the payment in pursuance thereof to the central government, he shall be deemed to be a person from whom duty and any other sums of any kind payable to the central government under any of the provisions of this act or the rules made thereunder have become due, in respect of the amount specified in the notice and all the consequences under this act shall follow. 6provided that where the person hereinafter referred to as predecessor from whom the duty or any other sums of any kind, as specified in this section, is recoverable or due, transfers or otherwise disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such business or trade by any other person, all excisable goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the custody or possession of the person so succeeding may also be attached and sold by such officer empowered by the central board of excise and customs, after obtaining written approval from the 7principal commissioner of central excise or commissioner of central excise, for the purposes of recovering such duty or other sums recoverable or due from such predecessor at the time of such transfer or otherwise disposal or change. 1. renumbered subsection 1 by act 17 of , s. 90. 2. ins. by act 10 of , s. 96. 3. subs. by act 54 of , s. 5 for central board of revenue w.e.f. , here and throughout the act. 4. subs. by act 17 of , s. 90a for may deduct the amount so payable from any money owing to the person from whom such sums may be recoverable or due which may be in his hands or under his disposal or control, or may recover the amount by act 17 of , s. 90a. 5. ins. by act 17 of , s. 90b 6. ins. by act 23 of , s. 80. 7. subs. by act 25 of , s. 95, for commissioner of central excise.

section 11b. of the central excise act : 111b. claim for refund of 2duty and interest, if any, paid on such duty. 1 any person claiming refund of any 3duty of excise and interest, if any, paid on such duty may make an application for refund of such 2duty and interest, if any, paid on such duty to the assistant 4principal commissioner of central excise or commissioner of central excise 5or deputy 6principal commissioner of central excise or commissioner of central excise before the expiry of 7two years 8from the relevant date 9in such form 10and manner as may be prescribed and the application shall be accompanied by such documentary or other evidence including the documents referred to in section 12a as the applicant may furnish to establish that the amount of 3duty of excise and interest, if any, paid on such duty in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such 2duty and interest, if any, paid on such duty had not been passed on by him to any other person: provided that where an application for refund has been made before the commencement of the central excises and customs laws amendment act, , such application shall be deemed to have been made under this subsection as amended by the said act and the same shall be dealt with in accordance with the provisions of subsection 2 as substituted by that act: 12provided further that the limitation of 7two years shall not apply where any 2duty and interest, if any, paid on such duty has been paid under protest. 13 142 if, on receipt of any such application, the assistant 6principal commissioner of central excise or commissioner of central excise 15or deputy 6principal commissioner of central excise or commissioner of central excise is satisfied that the whole or any part of the 3duty of excise and interest, if any, paid on such duty paid by the applicant is refundable, he may make an order accordingly and the amount so determined shall be credited to the fund: provided that the amount of 3duty of excise and interest, if any, paid on such duty as determined by the assistant 6principal commissioner of central excise or commissioner of central excisec 15or deputy 6principal commissioner of central excise or commissioner of central excise under the foregoing provisions of this subsection shall, instead of being credited to the fund, be paid to the applicant, if such amount is relatable to a rebate of duty of excise on excisable goods exported out of india or on excisable materials used in the manufacture of goods which are exported out of india b unspent advance deposits lying in balance in the applicants account current maintained with the 16principal commissioner of central excise or commissioner of central excise c refund of credit of duty paid on excisable goods used as inputs in accordance with the rules made, or any notification issued, under this act d the 17duty of excise and interest, if any paid on such duty paid by the manufacturer, if he had not passed on the incidence of such 18duty and interest, if any, paid on such duty to any other person e the 17duty of excise and interest, if any paid on such duty borne by the buyer, if he had not passed on the incidence of such 18duty and interest, if any, paid on such duty to any other person f the 17duty of excise and interest, if any paid on such duty borne by any other such class of applicants as the central government may, by notification in the official gazette, specify: provided further that no notification under clause f of the first proviso shall be issued unless in the opinion of the central government the incidence of 18duty and interest, if any, paid on such duty has not been passed on by the persons concerned to any other person. 3 notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the appellate tribunal or any court or in any other provision of this act or the rules made thereunder or any other law for the time being in force, no refund shall be made except as provided in subsection 2. 4 every notification under clause f of the first proviso to subsection 2 shall be laid before each house of parliament, if it is sitting, as soon as may be after the issue of the notification, and, if it is not sitting, within seven days of its reassembly, and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. 5 for the removal of doubts, it is hereby declared that any notification issued under clause f of the first proviso to subsection 2, including any such notification approved or modified under subsection 4, may be rescinded by the central government at any time by notification in the official gazette. 19explanation. for the purposes of this section, a refund includes rebate of duty of excise on excisable goods exported out of india or on excisable materials used in the manufacture of goods which are exported out of india b relevant date means, a in the case of goods exported out of india where a refund of excise duty paid is available in respect of the goods themselves or, as the case may be, the excisable materials used in the manufacture of such goods, i if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves india, or ii if the goods are exported by land, the date on which such goods pass the frontier, or iii if the goods are exported by post, the date of despatch of goods by the post office concerned to a place outside india b in the case of goods returned for being remade, refined, reconditioned, or subjected to any other similar process, in any factory, the date of entry into the factory for the purposes aforesaid c in the case of goods to which banderols are required to be affixed if removed for home consumption but not so required when exported outside india, if returned to a factory after having been removed from such factory for export out of india, the date of entry into the factory d in a case where a manufacturer is required to pay a sum, for a certain period, on the basis of the rate fixed by the central government by notification in the official gazette in full discharge of his liability for the duty leviable on his production of certain goods, if after the manufacturer has made the payment on the basis of such rate for any period but before the expiry of that period such rate is reduced, the date of such reduction 20e in the case of a person, other than the manufacturer, the date of purchase of the goods by such person 21ea in the case of goods which are exempt from payment of duty by a special order issued under subsection 2 of section 5a, the date of issue of such order 22eb in case where duty of excise is paid provisionally under this act or the rules made thereunder, the date of adjustment of duty after the final assessment thereof 23ec in case where the duty becomes refundable as a consequence of judgment, decree, order or direction of appellate authority, appellate tribunal or any court, the date of such judgment, decree, order or direction f in any other case, the date of payment of duty. 1. ins. by act 25 of , s. 21, w.e.f. . 2. subs. by act 18 of , s. 80ib, for duty w.e.f. . 3. subs. by ibid, s. 80ia, for duty of excise. 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. ins. by act 27 of , s. 119. 6. subs. by act 28 of , s. 143, for one year. 7. subs. by act 44 of , s. 49, for from the date of payment of duty. 8. ins. by act 40 of , s. 3b w.e.f. . 9. ins. by act 22 of , s. 74. 10. subs. by act 18 of , s. 80ia, for duty of excise. 11. subs. by ibid, s. 80ib, for duty. 12. ins. by act 40 of , s. 3 w.e.f. . 13. explanation to subsection 1 omitted by act 44 of , s. 49. 14. subs. by act 40 of , s. 3 w.e.f. . 15. ins. by act 27 of , s. 119. 16. subs. by act 25 of , s. 95, for commissioner of central excise. 17. subs. by act 18 of , s. 80iia, for duty of excise. 18. subs. by ibid, s. 80iib, for duty. 19. subs. by act 44 of , s. 49, for the explanation. 20. subs. by act 40 of , s. 3c, for sub clause e w.e.f. . 21. ins. by act 33 of , s. 77. 22. ins. by act 21 of , s. 108. 23. ins. by act 22 of , s. 117.

section 11a. of the central excise act : 111a. recovery of duties not levied or not paid or shortlevied or shortpaid or erroneously refunded. 1 where any duty of excise has not been levied or paid or has been shortlevied or shortpaid or erroneously refunded, for any reason, other than the reason of fraud or collusion or any wilful misstatement or suppression of facts or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, a the central excise officer shall, within 2two years from the relevant date, serve notice on the person chargeable with the duty which has not been so levied or paid or which has been so shortlevied or shortpaid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice b the person chargeable with duty may, before service of notice under clause a, pay on the basis of, i his own ascertainment of such duty or ii the duty ascertained by the central excise officer, the amount of duty along with interest payable thereon under section 11aa. 2 the person who has paid the duty under clause b of subsection 1, shall inform the central excise officer of such payment in writing, who, on receipt of such information, shall not serve any notice under clause a of that subsection in respect of the duty so paid or any penalty leviable under the provisions of this act or the rules made thereunder. 3 where the central excise officer is of the opinion that the amount paid under clause b of subsection 1 falls short of the amount actually payable, then, he shall proceed to issue the notice as provided for in clause a of that subsection in respect of such amount which falls short of the amount actually payable in the manner specified under that subsection and the period of 2two years shall be computed from the date of receipt of information under subsection 2. 4 where any duty of excise has not been levied or paid or has been shortlevied or shortpaid or erroneously refunded, by the reason of a fraud or b collusion or c any wilful misstatement or d suppression of facts or e contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by any person chargeable with the duty, the central excise officer shall, within five years from the relevant date, serve notice on such person requiring him to show cause why he should not pay the amount specified in the notice along with interest payable thereon under section 11aa and a penalty equivalent to the duty specified in the notice. 5 3 6 4 7 5 67a notwithstanding anything contained in subsection 1 or subsection 3 or subsection 4 7 , the central excise officer may, serve, subsequent to any notice or notices served under any of those subsections, as the case may be, a statement, containing the details of duty of central excise not levied or paid or shortlevied or shortpaid or erroneously refunded for the subsequent period, on the person chargeable to duty of central excise, then, service of such statement shall be deemed to be service of notice on such person under the aforesaid subsection 1 or subsection 3 or subsection 4 7 , subject to the condition that the grounds relied upon for the subsequent period are the same as are mentioned in the earlier notice or notices. 88 where the service of notice is stayed by an order of a court or tribunal, the period of such stay shall be excluded in computing the period of 11two years referred to in clause a of subsection 1 or five years referred to in subsection 4 7 , as the case may be. 9 where any appellate authority or tribunal or court concludes that the notice issued under subsection 4 is not sustainable for the reason that the charges of fraud or collusion or any wilful misstatement or suppression of facts or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty has not been established against the person to whom the notice was issued, the central excise officer shall determine the duty of excise payable by such person for the period of 2two years, deeming as if the notice were issued under clause a of subsection 1. 10 the central excise officer shall, after allowing the concerned person an opportunity of being heard, and after considering the representation, if any, made by such person, determine the amount of duty of excise due from such person not being in excess of the amount specified in the notice. 11 the central excise officer shall determine the amount of duty of excise under subsection 10 a within six months from the date of notice where it is possible to do so, in respect of cases falling under subsection 1 b within 2two years from the date of notice, where it is possible to do so, in respect of cases falling under subsection 4 5 . 12 where the appellate authority or tribunal or court modifies the amount of duty of excise determined by the central excise officer under subsection 10, then the amount of penalties and interest under this section shall stand modified accordingly, taking into account the amount of duty of excise so modified. 13 where the amount as modified by the appellate authority or tribunal or court is more than the amount determined under subsection 10 by the central excise officer, the time within which the interest or penalty is payable under this act shall be counted from the date of the order of the appellate authority or tribunal or court in respect of such increased amount. 14 where an order determining the duty of excise is passed by the central excise officer under this section, the person liable to pay the said duty of excise shall pay the amount so determined along with the interest due on such amount whether or not the amount of interest is specified separately. 15 the provisions of subsections 1 to 14 shall apply, mutatis mutandis, to the recovery of interest where interest payable has not been paid or part paid or erroneously refunded. explanation 1. for the purposes of this section and section 11ac, a dbqysrefund includes rebate of duty of excise on excisable goods exported out of india or on excisable materials used in the manufacture of goods which are exported out of india b relevant date means, i in the case of excisable goods on which duty of excise has not been levied or paid or has been shortlevied or shortpaid, and no periodical return as required by the provisions of this act has been filed, the last date on which such return is required to be filed under this act and the rules made thereunder ii in the case of excisable goods on which duty of excise has not been levied or paid or has been shortlevied or shortpaid and the return has been filed 9 , the date on which such return has been filed iii in any other case, the date on which duty of excise is required to be paid under this act or the rules made thereunder iv in a case where duty of excise is provisionally assessed under this act or the rules made thereunder, the date of adjustment of duty after the final assessment thereof v in the case of excisable goods on which duty of excise has been erroneously refunded, the date of such refund 10vi in the case where only interest is to be recovered, the date of payment of duty to which such interest relates. c 11 12explanation 2. for the removal of doubts, it is hereby declared that any nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund where no show cause notice has been issued before the date on which the finance bill, receives the assent of the president, shall be governed by the provisions of section 11a as amended by the finance act, . 1316 the provisions of this section shall not apply to a case where the liability of duty not paid or shortpaid is selfassessed and declared as duty payable by the assessee in the periodic returns filed by him, and in such case, recovery of nonpayment or shortpayment of duty shall be made in such manner as may be prescribed. 1. subs. by act 8 of , s. 63. 2. subs. by act 28 of , s. 143, for one year. 3. subsection 5 omitted by act 20 of , s. 93i. 4. subsection 6 omitted by ibid, s. 93i. 5. subsection 7 omitted by act 20 of , s. 93i. 6. ins. by act 17 of , s. 91. 7. the words or subsection 5 omitted by act 20 of , s. 93ii. 8. subs. by act 23 of , s. 135b, for subsection 8. 9. the words on due date omitted by act 20 of , s. 93iiia. 10. ins. by ibid, s. 93iiib. 11. clause c omitted by ibid, s. 93iiic.. 12. subs. by act 20 of , s. 93iv. 13. ins. by ibid, s. 93iv.

section 11d. of the central excise act : 111d. duties of excise collected from the buyer to be deposited with the central government. 1 notwithstanding anything to the contrary contained in any order or direction of the appellate tribunal or any court or in any other provision of this act or the rules made thereunder, 2every person who is liable to pay duty under this act or the rules made thereunder, and has collected any amount in excess of the duty assessed or determined and paid on any excisable goods under this act or the rules made thereunder from the buyer of such goods in any manner as representing duty of excise, shall forthwith pay the amount so collected to the credit of the central government. 31a every person, who has collected any amount in excess of the duty assessed or determined and paid on any excisable goods or has collected any amount as representing duty of excise on any excisable goods which are wholly exempt or are chargeable to nil rate of duty from any person in any manner, shall forthwith pay the amount so collected to the credit of the central government. 42 where any amount is required to be paid to the credit of the central government under 5subsection 1 or subsection 1a, as the case may be, and which has not been so paid, the central excise officer may serve, on the person liable to pay such amount, a notice requiring him to show cause why the said amount, as specified in the notice, should not be paid by him to the credit of the central government. 3 the central excise officer shall, after considering the representation, if any, made by the person on whom the notice is served under subsection 2, determine the amount due from such person not being in excess of the amount specified in the notice and thereupon such person shall pay the amount so determined. 4 the amount paid to the credit of the central government under 6subsection 1 or subsection 1a or subsection 3, as the case may be, shall be adjusted against the duty of excise payable by the person on finalisation of assessment or any other proceeding for determination of the duty of excise relating to the excisable goods referred to in 7subsection 1 and subsection 1a. 5 where any surplus is left after the adjustment under subsection 4, the amount of such surplus shall either be credited to the fund or, as the case may be, refunded to the person who has borne the incidence of such amount, in accordance with the provisions of section 11b and such person may make an application under that section in such cases within six months from the date of the public notice to be issued by the assistant 8principal commissioner of central excise or commissioner of central excise for the refund of such surplus amount. 1. ins. by act 40 of , s. 5 w.e.f. . 2. subs. by act 10 of , s. 103, for certain words w.r.e.f. . 3. ins. by act 18 of , s. 81i. 4. subs. by act 10 of , s. 103, for subsection 2 w.r.e.f. . 5. subs. by act 18 of , s. 81ii, for the word, brackets and figure subsection 1. 6. subs. by act 18 of , s. 81iiia, for the word, brackets and figure subsection 1 or subsection 3. 7. subs. by ibid, s. 81iiib, for the word, brackets and figure subsection 1. 8. subs. by act 25 of , s. 95, for dnqtscommissioner of central excise.

section 11ac. of the central excise act : 111ac. penalty for shortlevy or nonlevy of duty in certain cases. 1 the amount of penalty for nonlevy or shortlevy or nonpayment or shortpayment or erroneous refund shall be as follows a where any duty of excise has not been levied or paid or has been shortlevied or shortpaid or erroneously refunded, for any reason other than the reason of fraud or collusion or any wilful misstatement or suppression of facts or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under subsection 10 of section 11a shall also be liable to pay a penalty not exceeding ten per cent of the duty so determined or rupees five thousand, whichever is higher: provided that where such duty and interest payable under section 11aa is paid either before the issue of show cause notice or within thirty days of issue of show cause notice, no penalty shall be payable by the person liable to pay duty or the person who has paid the duty and all proceedings in respect of said duty and interest shall be deemed to be concluded b where any duty as determined under subsection 10 of section 11a and the interest payable thereon under section 11aa in respect of transactions referred to in clause a is paid within thirty days of the date of communication of the order of the central excise officer who has determined such duty, the amount of penalty liable to be paid by such person shall be twentyfive per cent of the penalty imposed, subject to the condition that such reduced penalty is also paid within the period so specified c where any duty of excise has not been levied or paid or has been shortlevied or shortpaid or erroneously refunded, by reason of fraud or collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under subsection 10 of section 11a shall also be liable to pay a penalty equal to the duty so determined: provided that in respect of the cases where the details relating to such transactions are recorded in the specified record for the period beginning with the 8th april, up to the date on which the finance bill, receives the assent of the president both days inclusive, the penalty shall be fifty per cent of the duty so determined d where any duty demanded in a show cause notice and the interest payable thereon under section 11aa, issued in respect of transactions referred to in clause c, is paid within thirty days of the communication of show cause notice, the amount of penalty liable to be paid by such person shall be fifteen per cent. of the duty demanded, subject to the condition that such reduced penalty is also paid within the period so specified and all proceedings in respect of the said duty, interest and penalty shall be deemed to be concluded e where any duty as determined under subsection 10 of section 11a and the interest payable thereon under section 11aa in respect of transactions referred to in clause c is paid within thirty days of the date of communication of the order of the central excise officer who has determined such duty, the amount of penalty liable to be paid by such person shall be twentyfive per cent of the duty so determined, subject to the condition that such reduced penalty is also paid within the period so specified. 2 where the appellate authority or tribunal or court modifies the amount of duty of excise determined by the central excise officer under subsection 10 of section 11a, then, the amount of penalty payable under clause c of subsection 1 and the interest payable under section 11aa shall stand modified accordingly and after taking into account the amount of duty of excise so modified, the person who is liable to pay duty as determined under subsection 10 of section 11a shall also be liable to pay such amount of penalty and interest so modified. 3 where the amount of duty or penalty is increased by the appellate authority or tribunal or court over the amount determined under subsection 10 of section 11a by the central excise officer, the time within which the interest and the reduced penalty is payable under clause b or clause e of subsection 1 in relation to such increased amount of duty shall be counted from the date of the order of the appellate authority or tribunal or court. explanation 1. for the removal of doubts, it is hereby declared that i any case of nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund where no show cause notice has been issued before the date on which the finance bill, receives the assent of the president shall be governed by the provisions of section 11ac as amended by the finance act, ii any case of nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund where show cause notice has been issued but an order determining duty under subsection 10 of section 11a has not been passed before the date on which the finance bill, receives the assent of the president, shall be eligible to closure of proceedings on payment of duty and interest under the proviso to clause a of subsection 1 or on payment of duty, interest and penalty under clause d of subsection 1, subject to the condition that the payment of duty, interest and penalty, as the case may be, is made within thirty days from the date on which the finance bill, receives the assent of the president iii any case of nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund where an order determining duty under subsection 10 of section 11a is passed after the date on which the finance bill, receives the assent of the president shall be eligible to payment of reduced penalty under clause b or clause e of subsection 1, subject to the condition that the payment of duty, interest and penalty is made within thirty days of the communication of the order. explanation 2. for the purposes of this section, the expression specified records means records maintained by the person chargeable with the duty in accordance with any law for the time being in force and includes computerised records. 1. subs. by act 20 of , s. 94, for 11ac.

section 11bb. of the central excise act : 111bb. interest on delayed refunds. if any duty ordered to be refunded under subsection 2 of section 11b to any applicant is not refunded within three months from the date of receipt of application under subsection 1 of that section, there shall be paid to that applicant interest at such rate, 2not below five per cent and not exceeding thirty per cent per annum as is for the time being fixed 3by the central government, by notification in the official gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty: provided that where any duty ordered to be refunded under subsection 2 of section 11b in respect of an application under subsection 1 of that section made before the date on which the finance bill, receives the assent of the president, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. explanation. where any order of refund is made by the commissioner appeals, appellate tribunal 4national tax tribunal or any court against an order of the assistant 5principal commissioner of central excise or commissioner of central excise 6or deputy 5principal commissioner of central excise or commissioner of central excise, under subsection 2 of section 11b, the order passed by the commissioner appeals, appellate tribunal 4national tax tribunal or, as the case may be, by the court shall be deemed to be an order passed under the said subsection 2 for the purposes of this section. 1. ins. by act 22 of , s. 75. 2. subs. by act 14 of , s. 126, for not below ten per cent w.e.f. . 3. subs. by act 10 of , s. 102, for by the board. 4. ins. by act 49 of , s. 30 and sch. pt. vii w.e.f. . 5. subs. by act 25 of , s. 95, for commissioner of central excise. 6. ins. by act 27 of , s. 119.

section 11e. of the central excise act : 111e. liability under act to be first charge. notwithstanding anything to the contrary contained in any central act or state act, any amount of duty, penalty, interest, or any other sum payable by an assessee or any other person under this act or the rules made thereunder shall, save as otherwise provided in section 529a of the companies act, 1 of , the recovery of debts due to banks and the financial institutions act, 51 of 1the securitisation and reconstruction of financial assets and the enforcement of security interest act, 54 of and the insolvency and bankruptcy code, , be the first charge on the property of the assessee or the person, as the case may be. 1. ins. by act 8 of , s. 66.

section 11c. of the central excise act : 111c. power not to recover duty of excise not levied or shortlevied as a result of general practice. 21 notwithstanding anything contained in this act, if the central government is satisfied a that a practice was, or is, generally prevalent regarding levy of duty of excise including nonlevy thereof on any excisable goods and b that such goods were, or are, liable i to duty of excise, in cases where according to the said practice the duty was not, or is not being, levied, or ii to a higher amount of duty of excise than what was, or is being, levied, according to the said practice, then, the central government may, by notification in the official gazette direct that the whole of the duty of excise payable on such goods, or, as the case may be, the duty of excise in excess of that payable on such goods, but for the said practice, shall not be required to be paid in respect of the goods on which the duty of excise was not, or is not being, levied, or was, or is being, shortlevied, in accordance with the said practice. 32 where any notification under subsection 1 in respect of any goods has been issued, the whole of the duty of excise paid on such goods or, as the case may be, the duty of excise paid in excess of that payable on such goods, which would not have been paid if the said notification had been in force, shall be dealt with in accordance with the provisions of subsection 2 of section 11b: provided that the person claiming the refund of such duty or, as the case may be, excess duty, makes an application in this behalf to the assistant 4principal commissioner of central excise or commissioner of central excise 5or deputy 4principal commissioner of central excise or commissioner of central excise, in the form referred to in subsection 1 of section 11b, before the expiry of six months from the date of issue of the said notification. 1. ins. by act 25 of , s. 21, w.e.f. . 2. renumbered as subsec. 1 and subsec. 2 inserted by act 29 of , s. 10 w.e.f. . 3. subs. by act 40 of , s. 4, for subsection 2 w.e.f. . 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. ins. by act 27 of , s. 119.

section 12b. of the central excise act : 112b. presumption that the incidence of duty has been passed on to the buyer. every person who has paid the duty of excise on any goods under this act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such duty to the buyer of such goods. 1. ins. by act 40 of , s. 6 w.e.f. .

section 11dd. of the central excise act : 11dd. interest on the amounts collected in excess of the duty. 1 where an amount has been collected in excess of the duty assessed or determined and paid on any excisable goods under this act or the rules made thereunder from the 2buyer of such goods or from any person or where a person has collected any amount as representing duty of excise on any excisable goods which are wholly exempt or are chargeable to nil rate of duty, the person who is liable to pay such amount as determined under subsection 3 of section 11d, shall, in addition to the amount, be liable to pay interest at such rate not below ten per cent, and not exceeding thirtysix percent per annum, as is for the time being fixed by the central government, by notification in the official gazette, from the first day of the month succeeding the month in which the amount ought to have been paid under this act, but for the provisions contained in subsection 3 of section 11d, till the date of payment of such amount: provided that in such cases where the amount becomes payable consequent to issue of an order, instruction or direction by the board under section 37b, and such amount payable is voluntarily paid in full, without reserving any right to appeal against such payment at any subsequent stage, within fortyfive days from the date of issue of such order, instruction or direction, as the case may be, no interest shall be payable and in other cases the interest shall be payable on the whole amount, including the amount already paid. 2 the provisions of subsection 1 shall not apply to cases where the amount had become payable or ought to have been paid before the day on which the finance bill, receives the assent of the president. explanation 1. where the amount determined under subsection 3 of section 11d is reduced by the commissioner appeals, the appellate tribunal or, as the case may be, the court, the interest payable thereon under subsection 1 shall be on such reduced amount. explanation 2.where the amount determined under subsection 3 of section 11d is increased by the commissioner appeals, the appellate tribunal or, as the case may be, the court, the interest payable thereon under subsection 1 shall be on such increased amount. 1. ins. by act 32 of , s. 140 w.e.f. . 2. subs. by act 18 of , s. 82, for the words buyer of such goods, the person.

section 11dda. of the central excise act : 111dda. provisional attachment to protect revenue in certain cases. 1 where, during the pendency of any proceedings under section 11a or section 11d, the central excise officer is of the opinion that for the purpose of protecting the interests of revenue, it is necessary so to do, he may, with the previous approval of the 1principal commissioner of central excise or commissioner of central excise, by order in writing, attach provisionally any property belonging to the person on whom notice is served under 3 section 11a or subsection 2 of section 11d, as the case may be, in accordance with the rules made in this behalf under section 142 of the customs act, 52 of . 2 every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under subsection 1: provided that the 4principal chief commissioner of central excise or chief commissioner of central excise may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so, however, that the total period of extension shall not in any case exceed two years: provided further that where an application for settlement of case under section 32e is made to the settlement commission, the period commencing from the date on which such application is made and ending with the date on which an order under subsection 1 of section 32f is made shall be excluded from the period specified in the preceding proviso. 1. ins. by act 29 of , s. 36. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. the words subsection 1 of omitted by act 17 of , s. 92. 4. subs. by act 25 of , s. 95, for chief commissioner of central excise.

section 12. of the central excise act : 12. application of the provisions of act 152 of to central excise duties. the central government may, by notification in the official gazette, declare that any of the provisions of the 2customs act, 52 of , relating to the levy of and exemption from customs duties, drawback of duty, warehousing, offences and penalties, confiscation, and procedure relating to offences and appeals shall, with such modifications and alterations as it may consider necessary or desirable to adapt them to the circumstances, be applicable in regard to like matters in respect of the duties imposed by section 3 3section 3a: 4provided that the provisions of the customs act, 52 of relating to offences and penalties shall not apply for the matters covered by section 3a for the period beginning on the 10th day of may, and ending immediately before the day on which the finance bill, receives the assent of the president. 1. subs. by act 33 of , s. 78, 2. subs. by ibid, s. 78, for sea customs act, 8 of . 3. ins. by act 8 of , s. 67 w.r.e.f. . 4. ins. by ibid, s. 67 w.e.f. .

section 12e. of the central excise act : 1212e. powers of central excise officers.1 a central excise officer may exercise the powers and discharge the duties conferred or imposed under this act on any other central excise officer who is subordinate to him. 2 notwithstanding anything contained in subsection 1, the 3principal commissioner of central excise or commissioner of central excise appeals shall not exercise the powers and discharge the duties conferred or imposed on a central excise officer other than those specified in section 14 or chapter via. 1. ins. by act 79 of , s. 4 w.e.f. . 2. section 12a renumbered as 12e by act 40 of , s. 7 w.e.f. . 3. subs. by act 25 of , s. 95, for commissioner of central excise.

section 12a. of the central excise act : 112a. price of goods to indicate the amount of duty paid thereon. notwithstanding anything contained in this act or any other law for the time being in force, every person who is liable to pay duty of excise on any goods shall, at the time of clearance of the goods, prominently indicate in all the documents relating to assessment, sales invoice, and other like documents, the amount of such duty which will form part of the price at which such goods are to be sold. 1. ins. by act 40 of , s. 6 w.e.f. .

section 14. of the central excise act : 1 any central excise officer duly empowered by the central government in this behalf shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making for any of the purposes of this act. a summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. 2 all persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required: provided that the exemptions under sections 132 and 133 of the code of civil procedure, 5 of shall be applicable to requisitions of attendance under this section. 3 every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code, 45 of .

section 12c. of the central excise act : 112c. consumer welfare fund. 1 there shall be established by the central government a fund, to be called the consumer welfare fund. 2 there shall be credited to the fund, in such manner as may be prescribed, a the amount of duty of excise referred to in subsection 2 of section 11b or subsection 2 of section 11c or subsection 2 of section 11d b the amount of duty of customs referred to in subsection 2 of section 27 or subsection 2 of section 28a, or subsection 2 of section 28b of the customs act, 52 of c any income from investment of the amount credited to the fund and any other monies received by the central government for the purposes of this fund 2d the surplus amount referred to in subsection 6 of section 73a of the finance act, 32 of . 1. ins. by act 40 of , s. 6 w.e.f. . 2. ins. by act 21 of , s. 64.

section 12d. of the central excise act : 112d. utilisation of the fund. 1 any money credited to the fund shall be utilised by the central government for the welfare of the consumers in accordance with such rules as that government may make in this behalf. 2 the central government shall maintain or, if it thinks fit, specify the authority which shall maintain, proper and separate account and other relevant records in relation to the fund in such form as may be prescribed in consultation with the comptroller and auditorgeneral of india. 6. ins. by act 40 of , s. 6 w.e.f. .

section 15. of the central excise act : all officers of police and customs and all officers of government engaged in the collection of land revenue, and all village officers are hereby empowered and required to assist the central excise officers in the execution of this act.

section 12f. of the central excise act : 112f. power of search and seizure. 1 where the joint 2principal commissioner of central excise or commissioner of central excise or additional 2principal commissioner of central excise or commissioner of central excise or such other central excise officer as may be notified by the board has reasons to believe that any goods liable to confiscation or any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this act, are secreted in any place, he may authorise in writing any central excise officer to search and seize or may himself search and seize such documents or books or things. 32 the provisions of the code of criminal procedure, 2 of , relating to search and seizure shall, so far as may be, apply to search and seizure under this section subject to the modification that subsection 5 of section 165 of the said code shall have effect as if for the word magistrate, wherever it occurs, the words 2principal commissioner of central excise or commissioner of central excise were substituted. 1. ins. by act 8 of , s. 68. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. subs. by act 23 of , s. 137, for subsection 2

section 15b. of the central excise act : 115b. penalty for failure to furnish information return. if a person who is required to furnish an information return under section 15a fails to do so within the period specified in the notice issued under subsection 3 thereof, the prescribed authority may direct that such person shall pay, by way of penalty, a sum of one hundred rupees for each day of the period during which the failure to furnish such return continues. 1. ins. by act 25 of , s. 97.

section 13. of the central excise act : 113. power to arrest. any central excise officer not below the rank of inspector of central excise may, with the prior approval of the 2principal commissioner of central excise or commissioner of central excise, arrest any person whom he has reason to believe to be liable to punishment under this act or the rules made thereunder. 2 any person accused or reasonably suspected of committing an offence under this act or any rules made thereunder, who on demand of any officer duly empowered by the central government in this behalf refuses to give his name and residence, or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such officer in order that his name and residence may be ascertained. 1. subs. by act 32 of , s. 141, for section 13 w.e.f. . 2. subs. by act 25 of , s. 95, for commissioner of central excise.

section 14a. of the central excise act : 114a. special audit in certain cases. 1 if at any stage of enquiry, investigation or any other proceedings before him, any central excise officer not below the rank of an assistant 2principal commissioner of central excise or commissioner of central excise, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or determined by a manufacturer or any person, he may, with the previous approval of the 3principal chief commissioner of central excise or chief commissioner of central excise, direct such manufacturer or such person to get the accounts of his factory, office, depots, distributors or any other place, as may be specified by the said central excise officer, audited by a 4cost accountant or chartered accountant, nominated by the 3principal chief commissioner of central excise or chief commissioner of central excise in this behalf. 2 the 4cost accountant or chartered accountant, so nominated shall, within the period specified by the central excise officer, submit a report of such audit duly signed and certified by him to the said central excise officer mentioning therein such other particulars as may be specified: provided that the central excise officer may, on an application made to him in this behalf by the manufacturer or the person and for any material and sufficient reason, extend the said period by such further period or periods as he thinks fit so, however, that the aggregate of the period originally fixed and the period or periods so extended shall not, in any case, exceed one hundred and eighty days from the date on which the direction under subsection 1 is received by the manufacturer or the person. 3 the provisions of subsection 1 shall have effect notwithstanding that the accounts of the manufacturer or person aforesaid have been audited under any other law for the time being in force or otherwise. 4 5 5 the manufacturer or the person shall be given an opportunity of being heard in respect of any material gathered on the basis of audit under subsection 1 and proposed to be utilised in any proceedings under this act or rules made thereunder. 6explanation 1. for the purpose of this section, cost accountant shall have the meaning assigned to it in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of . 7explanation 2. for the purposes of this section, chartered accountant shall have the meaning assigned to it in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of .ic963 1. ins. by act 22 of , s. 76 w.e.f. . 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. subs. by ibid, s. 95, for chief commissioner of central excise. 4. subs. by act 33 of , s. 105i, for cost accountant. 5. omitted by act 10 of , s. 104. 6. renumbered by act 33 of , s. 105ii. 7. ins. by act 33 of , s. 105ii.

section 14aa. of the central excise act : 114aa. special audit in cases where credit of duty availed or utilised is not within the normal limits, etc.1 if the 2principal commissioner of central excise or commissioner of central excise has reason to believe that the credit of duty availed of or utilised under the rules made under this act by a manufacturer of any excisable goods a is not within the normal limits having regard to the nature of the excisable goods produced or manufactured, the type of inputs used and other relevant factors, as he may deem appropriate b has been availed of or utilised by reason of fraud, collusion or any wilful misstatement or suppression of facts, he may direct such manufacturer to get the accounts of his factory, office, depot, distributor or any other place, as may be specified by him, audited by a 3cost accountant or chartered accountant nominated by him. 2 the 3cost accountant or chartered accountant so nominated shall, within the period specified by the 2principal commissioner of central excise or commissioner of central excise, submit a report of such audit duly signed and certified by him to the said commissioner mentioning therein such other particulars as may be specified. 3 the provisions of subsection 1 shall have effect notwithstanding that the accounts of the said manufacturer aforesaid have been audited under any other law for the time being in force or otherwise. 4 4 5 the manufacturer shall be given an opportunity of being heard in respect of any material gathered on the basis of the audit under subsection 1 and proposed to be utilised in any proceeding under this act or rules made thereunder. 5explanation 1. for the purpose of this section, cost accountant shall have the meaning assigned to it in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of . 6explanation 2. for the purposes of this section, chartered accountant shall have the meaning assigned to it in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of . 1. ins. by act 26 of , s. 83. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. subs. by act 33 of , s. 106i, for cost accountant. 4. omitted by act 10 of , s. 105. 5. explanation renumbered by act 33 of , s. 106i ii. 6. ins. by act 33 of , s. 106i ii.

section 18. of the central excise act : all searches made under this act or any rules made thereunder and all arrests made under this act shall be carried out in accordance with the provisions of the code of criminal procedure, 5 of 2 , relating respectively to searches and arrests made under that code. 1. see now the crpc, 2 of .

section 15a. of the central excise act : 115a. obligation to furnish information return. 1 any person, being a an assessee or b a local authority or other public body or association or c any authority of the state government responsible for the collection of value added tax or sales tax or d an income tax authority appointed under the provisions of the income tax act, 43 of or e a banking company within the meaning of clause a of section 45a of the reserve bank of india act, 2 of or f a state electricity board or an electricity distribution or transmission licensee under the electricity act, 36 of , or any other entity entrusted, as the case may be, with such functions by the central government or the state government or g the registrar or subregistrar appointed under section 6 of the registration act, 16 of or h a registrar within the meaning of the companies act, 18 of or i the registering authority empowered to register motor vehicles under chapter iv of the motor vehicles act, 59 of or j the collector referred to in clause c of section 3 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 30 of or k the recognised stock exchange referred to in clause f of section 2 of the securities contracts regulation act, 42 of or l a depository referred to in clause e of subsection 1 of section 2 of the depositories act, 22 of or m an officer of the reserve bank of india, constituted under section 3 of the reserve bank of india act, 2 of , who is responsible for maintaining record of registration or statement of accounts or any periodic return or document containing details of payment of tax and other details or transaction of goods or services or transactions related to a bank account or consumption of electricity or transaction of purchase, sale or exchange of goods or property or right or interest in a property, under any law for the time being in force, shall furnish an information return of the same in respect of such periods, within such time, form including electronic form and manner, to such authority or agency as may be prescribed. 2 where the prescribed authority considers that the information submitted in the information return is defective, he may intimate the defect to the person who has furnished such information return and give him an opportunity of rectifying the defect within a period of thirty days from the date of such intimation or within such further period which, on an application made in this behalf, the prescribed authority may allow and if the defect is not rectified within the said period of thirty days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this act, such information return shall be treated as not submitted and the provisions of this act shall apply. 3 where a person who is required to furnish information return has not furnished the same within the time specified in subsection 1 or subsection 2, the prescribed authority may serve upon him a notice requiring furnishing of such information return within a period not exceeding ninety days from the date of service of the notice and such person shall furnish the information return. 1. ins. by act 25 of , s. 97.

section 16.. of the central excise act : owners or occupiers of land to report manufacture of contraband excisable goods. omitted by finance act 20 of , s. 137.

section 17.. of the central excise act : punishment for connivance at offences. omitted by s. 137, ibid

section 19. of the central excise act : every person arrested under this act shall be forwarded without delay to the nearest central excise officer empowered to send persons so arrested to a magistrate, or, if there is no such central excise officer within a reasonable distance, to the officerincharge of the nearest police station.

section 20. of the central excise act : the officerincharge of a police station to whom any person is forwarded under section 19 1 shall, where the offence is noncognizable, either admit him to bail to appear before the magistrate having jurisdiction, or in default of bail forward him in custody to such magistrate.

section 21. of the central excise act : 1 when any person is forwarded under section 19 to a central excise officer empowered to send persons so arrested to a magistrate, the central excise officer shall proceed to inquire into the charge against him. 2 for this purpose the central excise officer may exercise the same powers and shall be subject to the same provisions as the officerincharge of a police station may exercise and is subject to under the code of criminal procedure, 5 of 1 , when investigating a cognizable case: provided that a if the central excise officer is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he 3shall, where the offence is noncognizable, either admit him to bail to appear before a magistrate having jurisdiction in the case, or forward him in custody to such magistrate b if it appears to the central excise officer that there is not sufficient evidence or reasonable ground of suspicion against the accused person 3in respect of offence which is noncognizable, he shall release the accused person on his executing a bond, with or without sureties as the central excise officer may direct, to appear, if and when so required, before the magistrate having jurisdiction, and shall make a full report of all the particulars of the case to his official superior. 1. subs. by act 17 of , s. 93, for shall either admit him. 2. see now the crpc, 2 of . 3. ins. by act 17 of , s. 94ii.

section 23c. of the central excise act : 123c. application for advance ruling. 1 an applicant desirous of obtaining an advance ruling under this chapter may make an application in such form and in such manner as may be prescribed, stating the question on which the advance ruling is sought. 2 the question on which the advance ruling is sought shall be in respect of, a classification of any goods under the central excise tariff act, b applicability of a notification issued under subsection 1 of section 5a having a bearing on the rate of duty c the principles to be adopted for the purposes of determination of value of the goods under the provisions of this act 2d notifications issued, in respect of duties of excise under this act, the central excise tariff act, 5 of and any duty chargeable under any other law for the time being in force in the same manner as duty of excise leviable under this act e 3admissibility of credit of service tax paid or deemed to have been paid on input service or excise duty paid or deemed to have been paid on the goods used in or in relation to the manufacture of the excisable goods 4f determination of the liability to pay duties of excise on any goods under this act. 3 the application shall be made in quadruplicate and be accompanied by a fee of 5ten thousand rupees. 4 an applicant may withdraw an application within thirty days from the date of the application. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124. 2. ins. by act 32 of , s. 143. 3. subs. by act 17 of , s. 96, for admissibility of credit of excise duty. 4. ins. by act 21 of , s. 65. 5. subs. by act 7 of , s. 114, for two thousand five hundred rupees.

section 22., by central excise officer. of the central excise act : any central excise or other officer exercising powers under this act or under the rules made thereunder who a without reasonable ground of suspicion searches or causes to be searched any house, boat or place b vexatiously and unnecessarily detains, searches or arrests any person c vexatiously and unnecessarily seizes the movable property of any person, on pretence of seizing or searching for any article liable to confiscation under this act d commits, as such officer, any other act to the injury of any person, without having reason to believe that such act is required for the execution of his duty shall, for every such offence, be punishable with fine which may extend to two thousand rupees. any person wilfully and maliciously giving false information and so causing an arrest or a search to be made under this act shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to two years or with both.

section 23. of the central excise act : any central excise officer who ceases or refuses to perform or withdraws himself from the duties of his office, unless he has obtained the express written permission of the 1principal commissioner of central excise or commissioner of central excise, or has given to his superior officer two months notice in writing of his intention or has other lawful excuse, shall on conviction before a magistrate be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to three months pay, or with both. 1. subs. by act 25 of , s. 95, for commissioner of central excise.

section 23a. of the central excise act : 123a. definitions.in this chapter, unless the context otherwise requires, 2a activity means production or manufacture of goods and includes any new business of production or manufacture proposed to be undertaken by the existing producer or manufacturer, as the case may be b advance ruling means the determination, by the authority of a question of law or fact specified in the application regarding the liability to pay duty in relation to an activity proposed to be undertaken, by the applicant 3c applicant means i a a nonresident setting up a joint venture in india in collaboration with a nonresident or a resident or b a resident setting up a joint venture in india in collaboration with a nonresident or c a wholly owned subsidiary indian company, of which the holding company is a foreign company, who or which, as the case may be, proposes to undertake any business activity in india ii a joint venture in india or iii a resident falling within any such class or category of persons, as the central government may, by notification in the official gazette, specify in this behalf, and which or who, as the case may be, makes application for advance ruling under subsection 1 of section 23c 4explanation.for the purposes of this clause, joint venture in india means a contractual arrangement whereby two or more persons undertake an economic activity which is subject to joint control and one or more of the participants or partners or equity holders is a nonresident having substantial interest in such arrangement d application means an application made to the authority under subsection 1 of section 23c 5e authority means the authority for advance rulings as defined in clause e of section 28e of the customs act, 52 of 6f nonresident, indian company and foreign company shall have the meaning assigned to them in clauses 30, 26 and 23a of section 2 of the income tax act, 43 of . 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124. 2. subs. by act 17 of , s. 95 for clause a activity means production or manufacture of goods. 3. subs. by act 18 of , s. 76, for clause c. 4. ins. by act 22 of , s. 118. 5. subs. by act 7 of , s. 112 for clause e. 6. subs. by act 32 of , s. 142, for clause f.

section 23b.. of the central excise act : 123b.vacancies, etc., not to invalidate proceedings. omitted by finance act 7 of , s. 113. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124.

section 23f. of the central excise act : 123f. advance ruling to be void in certain circumstances.1 where the authority finds, on a representation made to it by the 2principal commissioner of central excise or commissioner of central excise or otherwise, that an advance ruling pronounced by it under subsection 6 of 3section 23d has been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ruling to be void ab initio and thereupon all the provisions of this act shall apply after excluding the period beginning with the date of such advance ruling and ending with the date of order under this subsection to the applicant as if such advance ruling had never been made. 2 a copy of the order made under subsection 1 shall be sent to the applicant and the 4principal commissioner of central excise or commissioner of central excise. 1. ins. by act 32 of , s. 143. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. subs. by act 17 of , s. 97, for section 28i. 4. subs. by act 25 of , s. 95, for commissioner of central excise.

section 23d. of the central excise act : 123d. procedure on receipt of application. 1 on receipt of an application, the authority shall cause a copy thereof to be forwarded to the 2principal commissioner of central excise or commissioner of central excise and, if necessary, call upon him to furnish the relevant records: provided that where any records have been called for by the authority in any case, such records shall, as soon as possible, be returned to the 2principal commissioner of central excise or commissioner of central excise. 2 the authority may, after examining the application and the records called for, by order, either allow or reject the application: provided that the authority shall not allow the application 3 where the question raised in the application is, a already pending in the applicants case before any central excise officer, the appellate tribunal or any court b the same as in a matter already decided by the appellate tribunal or any court: provided further that no application shall be rejected under this subsection unless an opportunity has been given to the applicant of being heard: provided also that where the application is rejected, reasons for such rejection shall be given in the order. 3 a copy of every order made under subsection 2 shall be sent to the applicant and to the 4principal commissioner of central excise or commissioner of central excise. 4 where an application is allowed under subsection 2, the authority shall, after examining such further material as may be placed before it by the applicant or obtained by the authority, pronounce its advance ruling on the question specified in the application. 5 on a request received from the applicant, the authority shall, before pronouncing its advance ruling, provide an opportunity to the applicant of being heard, either in person or through a duly authorised representative. explanation. for the purposes of this subsection, authorised representative shall have the meaning assigned to it in subsection 2 of section 35q. 6 the authority shall pronounce its advance ruling in writing within 5six months of the receipt of application. 7 a copy of the advance ruling pronounced by the authority, duly signed by the members and certified in the prescribed manner shall be sent to the applicant and to the 4principal commissioner of central excise or commissioner of central excise, as soon as may be, after such pronouncement. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. the words except in the case of a resident applicant omitted by act 20 of , s. 138. 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. subs. by act 7 of , s. 115, for ninety days.

section 23e. of the central excise act : 123e. applicability of advance ruling. 1 the advance ruling pronounced by the authority under section 23d shall be binding only a on the applicant who had sought it b in respect of any matter referred to in subsection 2 of section 23c c on the 2principal commissioner of central excise or commissioner of central excise, and the central excise authorities subordinate to him, in request of the applicant. 2 the advance ruling referred to in subsection 1 shall be binding as aforesaid unless there is a change in law or facts on the basis of which the advance ruling has been pronounced. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124. 2. subs. by act 25 of , s. 95, for commissioner of central excise.

section 23g. of the central excise act : 123g. powers of authority.1 the authority shall, for the purpose of exercising its powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the code of civil procedure, . 2 the authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of chapter xxvi of the code of criminal procedure, and every proceeding before the authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124.

section 28.. of the central excise act : confiscation of vessel and cargo. omitted by s. 139, ibid. w.e.f. .

section 23h. of the central excise act : 123h. procedure of authority.the authority shall, subject to the provisions of this chapter, have power to regulate its own procedure in all matters arising out of the exercise of its powers under this act. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124.

section 23i. of the central excise act : 1223i. transitional provision.on and from the date on which the finance bill, receives the assent of the president, every application and proceeding pending before the erstwhile authority for advance rulings central excise, customs and service tax shall stand transferred to the authority from the stage at which such application or proceeding stood as on the date of such assent. 1. new chapter iiia consisting of ss. 23a to 23h ins. by act 27 of , s. 124. 2. ins. by act 7 of , s. 116.

section 24.. of the central excise act : 24. penalties for carrying excisable goods in certain vessels.omitted by finance act 20 of , s. 139 w.e.f. .

section 25.. of the central excise act : exceptions. omitted by s. 139, ibid. w.e.f. .

section 26.. of the central excise act : power of stoppage, search and arrest. omitted by s. 139, ibid. w.e.f. .

section 27.. of the central excise act : penalties for resisting officer. omitted by s. 139, ibid. w.e.f. .

section 29.. of the central excise act : jurisdiction. omitted by s. 139, ibid. w.e.f. .

section 30.. of the central excise act : power to exempt from operation of this chapter. omitted by s. 139, ibid. w.e.f. .

section 32d. of the central excise act : 132d. decision to be by majority.if the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the settlement commission and such point or points shall be decided according to the opinion of the majority of the members of the settlement commission who have heard the case, including those who first heard it. 1. ins. by act 21 of , s. 110 w.e.f. .

section 31. of the central excise act : 131. definitions.in this chapter, unless the context otherwise requires. a assessee means any person who is liable for payment of excise duty assessed under this act or any other act and includes any producer or manufacturer of excisable goods or a registered person under the rules made under this act, of a private warehouse in which excisable goods are stored b bench means a bench of the settlement commission 2c case means any proceeding under this act or any other act for the levy, assessment and collection of excise duty, pending before an adjudicating authority on the date on which an application under subsection 1 of section 32e is made: provided that when any proceeding is referred back 3 by any court, appellate tribunal or any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause, d chairman means the chairman of the settlement commission e commissioner investigation means an officer of the customs or a central excise officer appointed as such commissioner to conduct inquiry or investigation for the purposes of this chapter f member means a member of the settlement commission and includes the chairman and the vicechairman g settlement commission means the 4customs, central excise and service tax settlement commission constituted under section 32 and h vicechairman means a vicechairman of the settlement commission. 1. ins. by ibid. s. 110. 2. subs. by act 22 of , s. 119, for clause c, w.e.f. . 3. the words in any appeal or revision, as the case may be, omitted by act 20 of , s. 95. 4. subs. by act 25 of , s. 98, for customs and central excise settlement commission.

section 32. of the central excise act : 132. customs and central excise settlement commission.1 the central government shall, by notification in the official gazette, constitute a commission to be called 2the customs, central excise and service tax settlement commission for the settlement of cases under this chapter and chapter xiva of the customs act, . 2 the settlement commission shall consist of a chairman and as many vicechairmen and other members as the central government thinks fit and shall function within the department of the central government dealing with customs and central excise matters. 3 the chairman, vicechairman and other members of the settlement commission shall be appointed by the central government from amongst persons of integrity and outstanding ability, having special knowledge of, and experience in, administration of customs and central excise laws: 3 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 25 of , s. 99, for the customs and central excise settlement commission. 3. proviso omitted by act 20 of , s. 96.

section 32a. of the central excise act : 232a. jurisdiction and powers of settlement commission. 1 subject to the other provisions of this chapter, the jurisdiction, powers and authority of the settlement commission may be exercised by benches thereof. 2 subject to the other provisions of this section, a bench shall be presided over by the chairman or a vicechairman and shall consist of two other members. 3 the bench for which the chairman is the presiding officer shall be the principal bench and other benches shall be known as additional benches. 4 notwithstanding anything contained in subsection 1 and subsection 2, the chairman may authorise the vicechairman or other member appointed to one bench to discharge also the functions of the vicechairman or, as the case may be, other member of another bench. 5 the principal bench shall sit at delhi and the central government shall, by notification in the official gazette, establish additional benches at such places as it considers necessary. 6 notwithstanding anything contained in the foregoing provisions of this section, and subject to any rules that may be made in this behalf, when one of the persons constituting a bench whether such person be the presiding officer or other member of the bench is unable to discharge his functions owing to absence, illness or any other cause or in the event of the occurrence of any vacancy either in the office of the presiding officer or in the office of one or the other members of the bench, the remaining members may function as the bench and if the presiding officer of the bench is not one of the remaining members, the senior among the remaining members shall act as the presiding officer of the bench: provided that if at any stage of the hearing of any such case or matter, it appears to the presiding officer that the case or matter is of such a nature that it ought to be heard of by a bench consisting of three members, the case or matter may be referred by the presiding officer of such bench to the chairman for transfer to such bench as the chairman may deem fit: 2provided further that at any stage of the hearing of any such case or matter, referred to in the first proviso, the chairman may, if he thinks that the case or matter is of such a nature that it ought to be heard by a bench consisting of three members, constitute such bench and if vicechairman is not one of the members, the senior among the members shall act as the presiding officer of such bench. 7 notwithstanding anything contained in the foregoing provisions of this section, the chairman may, for the disposal of any particular case, constitute a special bench consisting of more than three members. 8 subject to the other provisions of this chapter, the special bench shall sit at a place to be fixed by the chairman. 1. ins. by act 21 of , s. 110 w.e.f. . 2. ins. by act 22 of , s. 120.

section 32b. of the central excise act : 132b. vicechairman to act as chairman or to discharge his functions in certain circumstances.1 in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, the vicechairman or 2the member as the central government may, by notification in the official gazette, authorise in this behalf, shall act as the chairman until the date on which a new chairman, appointed in accordance with the provisions of this chapter to fill such vacancy, enters upon his office. 2 when the chairman is unable to discharge his functions owing to absence, illness or any other cause, the vicechairman or 2the member as the central government may, by notification in the official gazette, authorise in this behalf, shall discharge the functions of the chairman until the date on which the chairman resumes his duties. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 20 of , s. 97, for , as the case may be, such one of the vicechairmen.

section 32c. of the central excise act : 132c. power of chairman to transfer cases from one bench to another.on the application of the assessee or the chief commissioner or 2principal commissioner of central excise or commissioner of central excise and after giving notice to them, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to another bench. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 25 of , s. 95, for commissioner of central excise.

section 32e. of the central excise act : 132e. application for settlement of cases. 21 an assessee may, in respect of a case relating to him, make an application, before adjudication, to the settlement commission to have the case settled, in such form and in such manner as may be prescribed and containing a full and true disclosure of his duty liability which has not been disclosed before the central excise officer having jurisdiction, the manner in which such liability has been derived, the additional amount of excise duty accepted to be payable by him and such other particulars as may be prescribed including the particulars of such excisable goods in respect of which he admits short levy on account of misclassification, undervaluation, inapplicability of exemption notification or cenvat credit 3or otherwise and any such application shall be disposed of in the manner hereinafter provided: provided that no such application shall be made unless, a the applicant has filed returns showing production, clearance and central excise duty paid in the prescribed manner b a show cause notice for recovery of duty issued by the central excise officer has been received by the applicant c the additional amount of duty accepted by the applicant in his application exceeds three lakh rupees and d the applicant has paid the additional amount of excise duty accepted by him along with interest due under 4section 11aa:br 5provided further that the settlement commission, if it is satisfied that the circumstances exist for not filing the returns referred to in clause a of the first proviso to subsection 1, may after recording the reasons therefor, allow the applicant to make such application:br provided also that no application shall be entertained by the settlement commission under this subsection in cases which are pending with the appellate tribunal or any court: provided also that no application under this subsection shall be made for the interpretation of the classification of excisable goods under the central excise tariff act, 5 of . 1a 6 br 2 7 br 3 every application made under subsection 1 shall be accompanied by such fees as may be prescribed.br 4 an application made under subsection 1 shall not be allowed to be withdrawn by the applicant. 85 any person other than an assessee, may also make an application to the settlement commission in respect of a showcause notice issued to him in a case relating to the assessee which has been settled or is pending before the settlement commission and such notice is pending before an adjudicating authority, in such manner and subject to such conditions, as may be prescribed. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 22 of , s. 121, for subsection 1 w.e.f. . 3. subs. by act 14 of , s. 65, for but excluding the goods in respect of which no proper record has been maintained by the assessee in his daily stock register. 4. subs. by act 25 of , s. 100ia, for section 11ab. 5. subs. by ibid., s. 100ib, for provided further that. 6. subsection 1a omitted by act 20 of , s. 98. 7. omitted by act 25 of , s. 100ii. 8. ins. by act 7 of , s. 117.

section 32j., of reports. of the central excise act : 132j. inspection, etc., of reports.no person shall be entitled to inspect, or obtain copies of, any report made by any central excise officer to the settlement commission but the settlement commission may, in its discretion furnish copies thereof to any such person on an application made to it in this behalf and on payment of the prescribed fee: provided that, for the purpose of enabling any person whose case is under consideration to rebut any evidence brought on record against him in any such report, the settlement commission shall, on an application made in this behalf, and on payment of the prescribed fee by such person, furnish him with a certified copy of any such report or part thereof relevant for the purpose. 1. ins. by act 21 of , s. 110 w.e.f. .

section 32f. of the central excise act : 2332f. procedure on receipt of an application under section 32e.1 on receipt of an application under 3 section 32e, the settlement commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant to explain in writing as to why the application made by him should be allowed to be proceeded with, and after taking into consideration the explanation provided by the applicant, the settlement commission, shall, within a period of fourteen days from the date of the notice, by an order, allow the application to be proceeded with, or reject the application as the case may be, and the proceedings before the settlement commission shall abate on the date of rejection: provided that where no notice has been issued or no order has been passed within the aforesaid period by the settlement commission, the application shall be deemed to have been allowed to be proceeded with. 2 a copy of every order under subsection 1, shall be sent to the applicant and to the 4 principal commissioner of central excise or commissioner of central excise having jurisdiction. 3 where an application is allowed or deemed to have been allowed to be proceeded with under subsection 1, the settlement commission shall, within seven days from the date of order under subsection 1, call for a report along with the relevant records from the 4principal commissioner of central excise or commissioner of central excise having jurisdiction and the commissioner shall furnish the report within a period of thirty days of the receipt of communication from the settlement commission: provided that where the commissioner does not furnish the report within the aforesaid period of thirty days, the settlement commission shall proceed further in the matter without the report of the commissioner. 4 where a report of the commissioner called for under subsection 3 has been furnished within the period specified in that subsection, the settlement commission may, after examination of such report, if it is of the opinion that any further enquiry or investigation in the matter is necessary, direct, for reasons to be recorded in writing, the commissioner investigation within fifteen days of the receipt of the report, to make or cause to be made such further enquiry or investigation and furnish a report within a period of ninety days of the receipt of the communication from the settlement commission, on the matters covered by the application and any other matter relating to the case: provided that where the commissioner investigation does not furnish the report within the aforesaid period, the settlement commission shall proceed to pass an order under subsection 5 without such report. 5 after examination of the records and the report of the 4principal commissioner of central excise or commissioner of central excise received under subsection 3, and the report, if any, of the commissioner investigation of the settlement commission under subsection 4, and after giving an opportunity to the applicant and to the 4principal commissioner of central excise or commissioner of central excise having jurisdiction to be heard, either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the 4principal commissioner of central excise or commissioner of central excise and commissioner investigation under subsection 3 or subsection 4. 55a the settlement commission may, at any time within three months from the date of passing of the order under subsection 5, amend such order to rectify any error apparent on the face of record, either suo motu or when such error is brought to its notice by the jurisdictional principal commissioner of central excise or commissioner of central excise or the applicant: provided that no amendment which has the effect of enhancing the liability of the applicant shall be made under this subsection, unless the settlement commission has given notice of such intention to the applicant and the jurisdictional principal commissioner of central excise or commissioner of central excise as the case may be, and has given them a reasonable opportunity of being heard. 6 an order under subsection 5 shall not be passed in respect of an application filed 6 after nine months from the last day of the month in which the application was made, failing which the settlement proceedings shall abate, and the adjudicating authority before whom the proceeding at the time of making the application was pending, shall dispose of the case in accordance with the provisions of this act as if no application under section 32e had been made: 7provided that the period specified under this subsection may, for reasons to be recorded in writing, be extended by the settlement commission for a further period not exceeding three months. 7 subject to the provisions of section 32a, the materials brought on record before the settlement commission shall be considered by the members of the concerned bench before passing any order under subsection 5 and, in relation to the passing of such order, the provisions of section 32d shall apply. 8 the order passed under subsection 5 shall provide for the terms of settlement including any demand by way of duty, penalty or interest, the manner in which any sums due under the settlement shall be paid and all other matters to make the settlement effective and in case of rejection contain the reasons therefor and it shall also provide that the settlement shall be void if it is subsequently found by the settlement commission that it has been obtained by fraud or misrepresentation of facts: provided that the amount of settlement ordered by the settlement commission shall not be less than the duty liability admitted by the applicant under section 32e. 9 where any duty, interest, fine and penalty payable in pursuance of an order under subsection 5, is not paid by the assessee within thirty days of receipt of a copy of the order by him, the amount which remains unpaid, shall be recovered along with interest due thereon, as the sums due to the central government by the central excise officer having jurisdiction over the assessee in accordance with the provisions of section 11. 10 where a settlement becomes void as provided under subsection 8, the proceedings with respect to the matters covered by the settlement shall be deemed to have been revived from the stage at which the application was allowed to be proceeded with by the settlement commission and the central excise officer having jurisdiction may, notwithstanding anything contained in any other provision of this act, complete such proceedings at any time before the expiry of two years from the date of the receipt of communication that the settlement became void. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 22 of , s. 122, for section 32f w.e.f. . 3. the word subsection 1 of omitted by act 7 of , s. 118i. 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. ins. by act 7 of , s. 118ii. 6. the words on or before the 31st day of may, , later than the 29th day of february, and in respect of an application made on or after the 1st day of june, , omitted by act 20 of , s. 99. 7. ins. by act 14 of , s. 66.

section 32k. of the central excise act : 132k. power of settlement commission to grant immunity from prosecution and penalty.the settlement commission may, if it is satisfied that any person who made the application for settlement under section 32e has cooperated with the settlement commission in the proceedings before it and has made a full and true disclosure of his duty liability, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act 2and also either wholly or in part from the imposition of any penalty and fine under this act, with respect to the case covered by the settlement: provided that no such immunity shall be granted by the settlement commission in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of the application under section 32e. 3 2 an immunity granted to a person under subsection 1 shall stand withdrawn if such person fails to pay any sum specified in the order of the settlement passed under 4subsection 5 of section 32f within the time specified in such order, or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of this act shall apply as if such immunity had not been granted. 3 an immunity granted to a person under subsection 1 may, at any time, be withdrawn by the settlement commission, if it is satisfied that such person had, in the course of the settlement proceedings, concealed any particular material to the settlement or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the settlement and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had no such immunity been granted. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by ibid, s. 125, for or under the indian penal code 45 of or under any other central act for the time being in force and also either wholly or in part from the imposition of any penalty, fine and interest w.e.f. . 3. explanation omitted by act 20 of , s. 101. 4. subs. by act 22 of , s. 125, for subsection 7 of section 32f within the time specified in such order or within such further time as may be allowed by the settlement commission w.e.f. .

section 32l. of the central excise act : 132l. power of settlement commission to send a case back to the central excise officer.1 the settlement commission may, if it is of opinion that any person who made an application for settlement under section 32e has not cooperated with the settlement commission in the proceedings before it, send the case back to the central excise officer having jurisdiction who shall thereupon dispose of the case in accordance with the provisions of this act as if no application under section 32e had been made. 2 for the purpose of subsection 1, the central excise officer shall be entitled to use all the materials and other information produced by the assessee before the settlement commission or the results of the inquiry held or evidence recorded by the settlement commission in the course of the proceedings before it as if such materials, information, inquiry and evidence had been produced before such central excise officer or held or recorded by him in the course of the proceedings before him. 3 for the purposes of the timelimit under section 11a and for the purposes of interest under section 11bb, in a case referred to in subsection 1, the period commencing on and from the date of the application to the settlement commission under section 32e and ending with the date of receipt by the central excise officer of the order of the settlement commission sending the case back to the central excise officer shall be excluded. 1. ins. by act 21 of , s. 110 w.e.f. .

section 32g. of the central excise act : 132g. power of settlement commission to order provisional attachment to protect revenue. where, during the pendency of any proceeding before it, the settlement commission is of the opinion that for the purpose of protecting the interests of revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in the manner as may be prescribed. 2 every provisional attachment made by the settlement commission under subsection 1 shall cease to have effect from the date, the sums due to the central government for which such attachment is made are discharged by the applicant and evidence to that effect is submitted to the settlement commission. 1. ins. by act 21 of , s. 110 w.e.f. .

section 32h. of the central excise act : 132h. power of settlement commission to reopen completed proceedings.omitted by finance act act 20 of , s. 100. 1. ins. by act 21 of , s. 110 w.e.f. .

section 32n. of the central excise act : 132n. recovery of sums due under order of settlement.any sum specified in an order of settlement passed under subsection 25 of section 32f may, subject to such conditions if any, as may be specified therein, be recovered, and any penalty for default in making payment of such sum may be imposed and recovered as sums due to the central government in accordance with the provisions under section 11 by the central excise officer having jurisdiction over the person who made the application for settlement under section 32e. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 22 of , s. 126, for 7 w.e.f. ,.

section 32i. of the central excise act : 132i. powers and procedure of settlement commission.1 in addition to the powers conferred on the settlement commission under this chapter, it shall have all the powers which are vested in a central excise officer under this act or the rules made thereunder. 2 where an application made under section 32e has been allowed to be proceeded with under section 32f, the settlement commission shall, until an order is passed under subsection 25 of section 32f, have, subject to the provisions of subsection 34 of that section, exclusive jurisdiction to exercise the powers and perform the functions of any central excise officer, under this act in relation to the case. 3 in the absence of any express direction by the settlement commission to the contrary, nothing in this chapter shall affect the operation of the provisions of this act in so far as they relate to any matters other upon those before the settlement commission. 4 the settlement commission shall, subject to the provisions of this chapter, have power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers, or of the discharge of its functions, including the places at which the benches shall hold their sittings. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 22 of , s. 124 w.e.f. , for 7. 3. subs. by ibid, s. 124 w.e.f. , for 6.

section 33a. of the central excise act : 133a. adjudication procedure.1 the adjudicating authority shall, in any proceeding under this chapter or any other provision of this act, give an opportunity of being heard to a party in a proceeding, if the party so desires. 2 the adjudicating authority may, if sufficient cause is shown, at any stage of proceeding referred to in subsection 1, grant time, from time to time, to the parties or any of them and adjourn the hearing for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during the proceeding. 1. ins. by act 23 of , s. 81.

section 32m. of the central excise act : 132m. order of settlement to be conclusive.every order of settlement passed under subsection 25 of section 32f shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this chapter, be reopened in any proceeding under this act or under any other law for the time being in force. 1. ins. by act 21 of , s. 110 w.e.f. . 2. subs. by act 22 of , s. 126, for 7 w.e.f. ,.

section 34. of the central excise act : wherever confiscation is adjudged under this act or the rules made thereunder, the officer adjudging it, shall give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit.

section 32o.bar on subsequent application for settlement in certain cases of the central excise act : 132o. bar on subsequent application for settlement in certain cases. 21 3where, 4 i an order of settlement 5 provides for the imposition of a penalty on the person who made the application under section 32e for settlement, on the ground of concealment of particulars of his duty liability or 6explanation.in this clause, the concealment of particulars of duty liability relates to any such concealment made from the central excise officer. ii after the passing of an order of settlement 7 in relation to a case, such person is convicted of any offence under this act in relation to that case or iii the case of such person is sent back to the central excise officer having jurisdiction by the settlement commission under section 32l, then, he shall not be entitled to apply for settlement under section 32e in relation to any other matter. 2 8 1. ins. by act 21 of , s. 110 w.e.f. . 2. renumbered by ibid, s. 128. 3. subs. by ibid, s. 128, for where. 4. the words before the 1st day of june, omitted by act 14 of , s. 67ai. 5. the words passed under subsection 7 of section 32f, as it stood immediately before the commencement of section 122 of the finance act, 22 of or subsection 5 of section 32f omitted by act 20 of , s. 102a. 6. ins. by act 25 of , s. 101. 7. the words under the said subsection 7, as it stood immediately before the commencement of section 122 of the finance act, 22 of or subsection 5 of section 32f omitted by act 20 of , s. 102b. 8. ins. by act 22 of , s. 128 and omitted by act 14 of , s. 67b.

section 35. of the central excise act : 135. appeals to 2commissioner appeals.1 any person aggrieved by any decision or order passed under this act by a central excise officer, lower in rank than a 3principal commissioner of central excise or commissioner of central excise, may appeal to the 3principal commissioner of central excise or commissioner of central excise appeals hereafter in this chapter referred to as the 2commissioner appeals 4within sixty days from the date of the communication to him of such decision or order: 5provided that the commissioner appeals may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of sixty days, allow it to be presented within a further period of thirty days. 61a the commissioner appeals may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. 2 every appeal under this section shall be in the prescribed form and shall be verified in the prescribed manner. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. substituted by act 22 of , s. 70, for collector appeals w.e.f. . 3. subs. by act 25 of , s. 95, for commissioner of central excise. 4. subs. by act 14 of , s. 127, for with three months w.e.f. . 5. subs. by ibid., s. 127, for proviso w.e.f. . 6. ins. by act 23 of , s. 82 w.e.f. .

section 32p. of the central excise act : 132p. proceedings before settlement commission to be judicial proceedings.any proceedings under this chapter before the settlement commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code. 1. ins. by act 21 of , s. 110 w.e.f. .

section 32pa.. of the central excise act : 132pa. certain persons who have filed appeals to the appellate tribunal entitled to make applications to the settlement commission. omitted by finance act 22 of , s. 129 w.e.f. .

section 35a. of the central excise act : 135a. procedure in appeal.1 the 2commissioner appeals shall give an opportunity to the appellant to be heard, if he so desires. 2 the 2commissioner appeals may, at the hearing of an appeal, allow an appellant to go into any ground of appeal not specified in the grounds of appeal, if the 2commissioner appeals is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. 3 3the commissioner appeals shall, after making such further inquiry as may be necessary, pass such order, as he thinks just and proper, confirming, modifying or annulling the decision or order appealed against: provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: provided further that where the 2commissioner appeals is of opinion that any duty of excise has not been levied or paid or has been shortlevied or shortpaid or erroneously refunded, no order requiring the appellant to pay any duty not levied or paid, shortlevied or shortpaid or erroneously refunded shall be passed unless the appellant is given notice within the timelimit specified in section 11a to show cause against the proposed order. 4 the order of the 2commissioner appeals disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision. 44a the commissioner appeals shall, where it is possible to do so, hear and decide every appeal within a period of six months from the date on which it is filed. 5 on the disposal of the appeal, the 2commissioner appeals shall communicate the order passed by him to the appellant, the adjudicating authority 5, the 6principal chief commissioner of central excise or chief commissioner of central excise and the 7principal commissioner of central excise or commissioner of central excise. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. substituted by act 22 of , section 70, for collector appeals w.e.f. . 3. subs. by act 14 of , s. 128a, for certain words w.e.f. . 4. ins. by ibid., s. 128b w.e.f. . 5. ins. by act 18 of , s. 78. 6. subs. by act 25 of , s. 95, for chief commissioner of central excise. 7. subs. by ibid., s. 95, for commissioner of central excise.

section 33. of the central excise act : power of adjudication. 1where under this act or by the rules made thereunder anything is liable to confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged a without limit, by a 2principal commissioner of central excise or commissioner of central excise b up to confiscation of goods not exceeding five hundred rupees in value and imposition of penalty not exceeding two hundred and fifty rupees, by an assistant 2principal commissioner of central excise or commissioner of central excise 4or deputy 2principal commissioner of central excise or commissioner of central excise: provided that the 3central board of excise and customs constituted under the central boards of revenue act, 54 of , may, in the case of any officer performing the duties of an assistant 2principal commissioner of central excise or commissioner of central excise, reduce the limits indicated in clause b of this section, and may confer on any officer the powers indicated in clause a or b of this section. 1. subs. by act 27 of , s. 125, for where by the rules made under this act w.e.f. . 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. ins. by act 27 of , s. 119. 4. subs. by act 54 of , s. 5, for central board of revenue w.e.f. .

section 34a. of the central excise act : 134a. confiscation or penalty not to interfere with other punishments.no confiscation made or penalty imposed under the provisions of this act or of any rule made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this act or under any other law. 1. ins. by act 36 of , s. 22, w.e.f. .

section 35d. of the central excise act : 135d. procedure of appellate tribunal.1 the provisions of subsections 1, 2, 5 and 6 of section 129c of the customs act, 52 of , shall apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its functions under the customs act, 52 of . 2 2 3 the president or any other member of the appellate tribunal authorised in this behalf by the president may, sitting singly, dispose of any case which has been allotted to the bench of which he is a member where a in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or b the amount of fine or penalty involved, does not exceed 3fifty lakh rupees. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. subsection 2 omitted by act 22 of , s. 77 w.e.f. . 3. subs. by act 17 of , s. 99, for ten lakh rupees w.e.f. .

section 35b. of the central excise act : 135b. appeals to the appellate tribunal. 1 any person aggrieved by any of the following orders may appeal to the appellate tribunal against such order a a decision or order passed by the 2principal commissioner of central excise or commissioner of central excise as an adjudicating authority b an order passed by the 3commissioner appeals under section 35a c an order passed by the central board of excise and customs constituted under the central boards of revenue act, 54 of hereafter in this chapter referred to as the board or the appellate 3principal commissioner of central excise or commissioner of central excise under section 35, as it stood immediately before the appointed day d an order passed by the board or the 4principal commissioner of central excise or commissioner of central excise, either before or after the appointed day, under section 35a, as it stood immediately before that day: 5provided that no appeal shall lie to the appellate tribunal and the appellate tribunal shall not have jurisdiction to decide any appeal in respect of any order referred to in clause b if such order relates to, a a case of loss of goods, where the loss occurs in transit from a factory to a warehouse or to another factory, or from one warehouse to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory or in a warehouse b a rebate of duty of excise on goods exported to any country or territory outside india or on excisable materials used in the manufacture of goods which are exported to any country or territory outside india c goods exported outside india except to nepal or bhutan without payment of duty 6d credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this act or the rules made thereunder and such order is passed by the commissioner appeals on or after the date appointed under section 109 of the finance no. 2 act, : provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause b or clause c or clause d where i in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or ii the amount of fine or penalty determined by such order, does not exceed 6two lakh rupees. 71a every appeal against any order of the nature referred to in the first proviso to subsection 1, which is pending immediately before the commencement of section 47 of the finance act, , before the appellate tribunal and any matter arising out of, or connected with, such appeal and which is so pending shall stand transferred on such commencement to the central government, and the central government shall deal with such appeal or matter under section 35ee as if such appeal or matter were an application or a matter arising out of an application made to it under that section. 81b i the central board of excise and customs constituted under the central boards of revenue act, 54 of may, 7by order, constitute such committees as may be necessary for the purposes of this act. ii every committee constituted under clause i shall consist of two 8principal chief commissioner of central excise or chief commissioner of central excise or two 12principal commissioner of central excise or commissioner of central excise, as the case may be. 92 10the committee of commissioners of central excise may, if it is is of opinion that an order passed by the appellate 11principal commissioner of central excise or commissioner of central excise under section 35, as it stood immediately before the appointed day, or the 3commissioner appeals under section 35a, is not legal or proper, direct any central excise officer authorised by him in this behalf hereafter in this chapter referred to as the authorised officer to appeal 13on its behalf to the appellate tribunal against such order. 14provided that where the committee of 16principal commissioner of central excise or commissioner of central excise differs in its opinion regarding the appeal against the order of the commissioner appeals, it shall state the point or points on which it differs and make a reference to the jurisdictional 17principal chief commissioner of central excise or chief commissioner of central excise who shall, after considering the facts of the order, if is of the opinion that the order passed by the commissioner appeals is not legal or proper, direct any central excise officer to appeal to the appellate tribunal against such order. explanation.for the purposes of this subsection, jurisdictional chief commissioner means the 17principal chief commissioner of central excise or chief commissioner of central excise having jurisdiction over the adjudicating authority in the matter. 3 every appeal under this section shall be filed within three months from the date on which the order sought to be appealed against is communicated to the 18principal commissioner of central excise or commissioner of central excise, or, as the case may be, the other party preferring the appeal. 4 on receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within fortyfive days of the receipt of the notice, a memorandum of crossobjections verified in the prescribed manner against any part of the order appealed against and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 196 an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, irrespective of the date of demand of duty and interest or of levy of penalty in relation to which the appeal is made, be accompanied by a fee of, a where the amount of duty and interest demanded and penalty levied by any central excise officer in the case to which the appeal relates is five lakh rupees or less, one thousand rupees b where the amount of duty and interest demanded and penalty levied by any central excise officer in the case to which the appeal relates is more than five lakh rupees but not exceeding fifty lakh rupees, five thousand rupees c where the amount of duty and interest demanded and penalty levied by any central excise officer in the case to which the appeal relates is more than fifty lakh rupees, ten thousand rupees: provided that no such fee shall be payable in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4. 7 every application made before the appellate tribunal, a in an appeal 20 for rectification of mistake or for any other purpose or b for restoration of an appeal or an application, shall be accompanied by a fee of five hundred rupees: provided that no such fee shall be payable in the case of an application filed by or on behalf of the 21principal commissioner of central excise or commissioner of central excise under this subsection. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. subs. by ibid., s. 95, for commissioner of central excise. 3. subs. by act 22 of , section 70, for collector appeals w.e.f. . 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. subs. by act 21 of , s. 47, for provided that w.e.f. . 6. ins. by act 21 of , s. 109 w.e.f. . 7. subs. by act 25 of , s. 102a, for fifty thousand rupees. 8. ins. by act 21 of , s. 47b w.e.f. . 9. ins. by act 18 of , s. 79. 10. subs. by act 25 of , s. 102b, for by notification in the official gazette. 11. subs. by ibid, s. 95, for chief commissioner of central excise. 12. subs. by ibid, s. 95, for commissioner of central excise. 13. subs. by act 62 of , s. 34ai, for subsection 2. 14. subs. by act 18 of , s. 79, for the commissioner of central excise may, if he is. 15. subs. by act 22 of , s. 70, for collector appeals w.e.f. . 16. subs. by act 18 of , s. 79aii, for on his behalf. 17. ins. by act 18 of , s. 83. 18. subs. by act 25 of , s. 95, for commissioner of central excise. 19. subs. by act 23 of , s. 83, for subsection 6 w.e.f. . 20. the word for grant of stay or omitted by act 25 of , s. 102c. 21. subs. by act 25 of , s. 95, for commissioner of central excise.

section 35c. of the central excise act : 135c. orders of appellate tribunal.1 the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the authority which passed such decision or order with such directions as the appellate tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary. 21a the appellate tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. 2 the appellate tribunal may, at any time within 3six months from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under subsection 1 and shall make such amendments if the mistake is brought to its notice by the 4principal commissioner of central excise or commissioner of central excise or the other party to the appeal: provided that an amendment which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the other party, shall not be made under this subsection, unless the appellate tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. 52a the appellate tribunal shall, where it is possible to do so, hear and decide every appeal within a period of three years from the date on which such appeal is filed: 6 3 the appellate tribunal shall send a copy of every order passed under this section to the 4principal commissioner of central excise or commissioner of central excise and the other party to the appeal. 4 7save as provided in the national tax tribunal act, orders passed by the appellate tribunal on appeal shall be final. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. ins. by act 23 of , s. 84. 3. subs. by act 20 of , s. 140i, for four years. 4. subs. by act 25 of , s. 95, for commissioner of central excise. 5. ins. by ibid, s. 140ii. 6. first, second third proviso omitted by act 25 of , s. 103. 7. subs. by act 49 of , s. 30 and sch. pt. vii5, for save as provided in section 35g or section 35l w.e.f. .

section 35i.. of the central excise act : 135i. power of high court or supreme court to require statement to be amended. omitted by the national tax tribunal act, act 49 of , s. 30 and sch., pt. vii6 w.e.f. . 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35e.powers of committee of principal chief commissioner of central excise or chief commissioners of central excise or principal commissioner of central excise or commissioners of central excise to pass certain orders of the central excise act : 135e. powers of 2committee of 3principal chief commissioner of central excise or chief commissioners of central excise or 4principal commissioner of central excise or commissioners of central excise to pass certain orders.1 the 2committee of 3principal chief commissioners of central excise or commissioner of central excise or may, of its own motion, call for and examine the record of any proceeding in which a 4principal commissioner of central excise or commissioner of central excis as an adjudicating authority has passed any decision or order under this act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such 5commissioner 6or any other commissioner to apply to the appellate tribunal 7or, as the case may be, the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, for the determination of such points arising out of the decision or order as may be specified by the 2committee of 3principal chief commissioners of central excise or commissioner of central excise in its order: 8provided that where the committee of 9principal chief commissioners of central excise or chief commissioner of central excise differs in its opinion as to the legality or propriety of the decision or order of the 10principal commissioner of central excise or commissioner of central excise, it shall state the point or points on which it differs and make a reference to the board which, after considering the facts of the decision or order, if is of the opinion that the decision or order passed by the 10principal commissioner of central excise or commissioner of central excise is not legal or proper, may, by order, direct such commissioner or any other commissioner to apply to the appellate tribunal for the determination of such points arising out of the decision or order, as may be specified in its order. 2 the 10principal commissioner of central excise or commissioner of central excise may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct 11such authority or any central excise officer subordinate to him to apply to the 12commissioner appeals for the determination of such points arising out of the decision or order as may be specified by the 10principal commissioner of central excise or commissioner of central excise in his order. 133 every order under subsection 1 or subsection 2, as the case may be, shall be made within a period of three months from the date of communication of the decision or order of the adjudicating authority: 14provided that the board may, on sufficient cause being shown, extend the said period by another thirty days. 4 where in pursuance of an order under subsection 1 or subsection 2, the adjudicating authority or the authorised officer makes an application to the appellate tribunal 15or, as the case may be, the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, or the 12commissioner appeals within a period of 16one month from the date of communication of the order under subsection 1 or subsection 2 to the adjudicating authority, such application shall be heard by the appellate tribunal 15or, as the case may be, the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, or the 12commissioner appeals, as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this act regarding appeals, including the provisions of subsection 4 of section 35b, 17or, as the case may be, the provisions of the customs and excise revenues appellate tribunal act, shall, so far as may be, apply to such application. 185 the provisions of this section shall not apply to any decision or order in which the determination of any question having a relation to the rate of duty of excise or to the value of goods for the purposes of assessment of any duty is in issue or is one of the points in issue. explanation.for the purposes of this subsection, the determination of a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the determination of a question a relating to the rate of duty of excise for the time being in force, whether under the central excise tariff act, 5 of , or under any other central act providing for the levy and collection of any duty of excise, in relation to any goods on or after the 28th day of february, or b relating to the value of goods for the purposes of assessment of any duty of excise in cases where the assessment is made on or after the 28th day of february, or c whether any goods are excisable goods or whether the rate of duty of excise on any goods is nil or d whether any goods fall under a particular heading or subheading of the 19first schedule and the second schedule to the central excise tariff act, 5 of , or the additional duties of excise goods of special importance act, 58 of , or the additional duties of excise textiles and textile articles act, 40 of , or that any goods are or not covered by a particular notification or order issued by the central government or the board, as the case may be, granting total or partial exemption from duty or e whether the value of any goods for the purposes of assessment of duty of excise shall be enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are specifically provided in this act. /hr 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. subs. by act 18 of , s. 80, for board w.e.f. . 3. subs. by act 25 of , s. 95, for chief commissioner of central excise w.e.f. . 4. subs. by ibid., s. 95, for commissioner of central excise w.e.f. . 5. subs. by act 22 of , s. 70, for collector w.e.f. . 6. ins. by act 14 of , s. 129. 7. ins. by act 62 of , s. 34, w.e.f. the appointed day under that act. 8. ins. by act 18 of , s. 84i. 9. subs. by act 25 of , s. 95, for chief commissioner of central excise w.e.f. . 10. subs. by ibid., s. 95, for commissioner of central excise w.e.f. . 11. subs. by act 29 of , s. 37, for such authority. 12. subs. by act 22 of , s. 70, for collector appeals w.e.f. . 13. subs. by act 18 of , s. 84ii, for subsection 3 w.e.f. . 14. ins. by act 25 of , s. 104. 15. ins. by act 62 of , s. 34, w.e.f. the appointed day under that act. 16. subs. by act 22 of , s. 130, for three months. 17. ins. by act 62 of , s. 34, w.e.f. the appointed day under that act. 18. ins. by act 29 of , s. 11 w.e.f. a date to be notified. 19. subs. by act 27 of , s. 119, for the schedule.

section 35h.. of the central excise act : 135h. application to high court. omitted by ibid, s. 30 and sch., pt. vii6 w.e.f. . 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35ee. of the central excise act : 1235ee. revision by central government. 1 the central government may, on the application of any person aggrieved by any order passed under section 35a, where the order is of the nature referred to in the first proviso to subsection 1 of section 35b, annul or modify such order: 3provided that the central government may in its discretion, refuse to admit an application in respect of an order where the amount of duty or fine or penalty, determined by such order does not exceed five thousand rupees. explanation.for the purposes of this subsection, order passed under section 35a includes an order passed under that section before the commencement of section 47 of the finance act, 21 of against which an appeal has not been preferred before such commencement and could have been, if the said section had not come into force, preferred after such commencement, to the appellate tribunal. 41a the 5principal commissioner of central excise or commissioner of central excise may, if he is of the opinion that an order passed by the commissioner appeals under section 35a is not legal or proper, direct the proper officer to make an application on his behalf to the central government for revision of such order. 2 an application under subsection 1 shall be made within three months from the date of the communication to the applicant of the order against which the application is being made: provided that the central government may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the aforesaid period of three months, allow it to be presented within a further period of three months. 63 an application under subsection 1 shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall be accompanied by a fee of, a two hundred rupees, where the amount of duty and interest demanded, fine or penalty levied by any central excise officer in the case to which the application relates is one lakh rupees or less b one thousand rupees, where the amount of duty and interest demanded, fine or penalty levied by any central excise officer in the case to which the application relates is more than one lakh rupees: provided that no such fee shall be payable in the case of an application referred to in subsection 1a. 4 the central government may, of its own motion, annul or modify any order referred to in subsection 1. 5 no order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value a in any case in which an order passed under section 35a has enhanced any penalty or fine in lieu of confiscation or has confiscated goods of greater value, and b in any other case, unless the person affected by the proposed order has been given notice to show cause against it within one year from the date of the order sought to be annulled or modified. 6 where the central government is of opinion that any duty of excise has not been levied or has been shortlevied, no order levying or enhancing the duty shall be made under this section unless the person affected by the proposed order is given notice to show cause against it within the timelimit specified in section 11a. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. ins. by act 21 of , s. 50 w.e.f. . 3. ins. by act 27 of , s. 126a w.e.f. . 4. ins. by act 27 of , s. 126b w.e.f. . 5. subs. by act 25 of , s. 95, for commissioner of central excise. 6. subs. by act 27 of , s. 126c, for subsection 3 w.e.f. .

section 35j.. of the central excise act : 135j. case before high court to be heard by not less than two judges. omitted by ibid, s. 30 and sch., pt. vii6 w.e.f. . 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35ea. of the central excise act : 135ea. powers of revision of board or 2principal commissioner of central excise or commissioner of central excise in certain cases.1 the board may, of its own motion or on the application of any aggrieved person or otherwise, call for and examine the record of any proceeding in which a 2principal commissioner of central excise or commissioner of central excise has passed any decision or order not being a decision or order passed under subsection 2 of this section of the nature referred to in subsection 5 of section 35e for the purpose of satisfying itself as to correctness, legality or propriety of such decision or order and may pass such order thereon as it thinks fit. 2 the 3principal commissioner of central excise or commissioner of central excise may, of his own motion or on the application of any aggrieved person or otherwise, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order of the nature referred to in subsection 5 of section 35e for the purpose of satisfying himself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as he thinks fit. 3 a no decision or order under this section shall be made so as to prejudicially affect any person unless such person is given a reasonable opportunity of making representation and if, he so desires, of being heard in his defence. b where the board or, as the case may be, the 3principal commissioner of central excise or commissioner of central excise is of the opinion that any duty of excise has not been levied or has been shortlevied or shortpaid or erroneously refunded, no order requiring the affected person to pay any duty not levied or paid, shortlevied or shortpaid or erroneously refunded shall be passed under this section unless such person is given notice within the timelimit specified in section 11a to show cause against the proposed order. 4 no proceedings shall be initiated under subsection 1 or subsection 2 in respect of any decision or order after the expiry of a period of six months from the date of communication of such decision or order: provided that in respect of any decision or order passed before the commencement of the customs and central excises laws amendment act, , the provisions of this subsection shall have effect as if for the words sixmonths, the words one year were substituted. 5 any person aggrieved by any decision or order passed under subsection 1 or subsection 2 may appeal to the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 62 of , against such decision or order. 1. ins. by act 29 of , s. 12 w.e.f. a date to be notified. 2. subs. by act 25 of , s. 95, for commissioner of central excise. 3. ins. by act 62 of , s. 34, w.e.f. the appointed day under that act.

section 35ff. of the central excise act : 1235ff. interest on delayed refund of amount deposited under section 35f.where an amount deposited by the appellant under section 35f is required to be refunded consequent upon the order of the appellate authority, there shall be paid to the appellant interest at such rate, not below five per cent and not exceeding thirtysix per cent per annum as is for the time being fixed by the central government, by notification in the official gazette, on such amount from the date of payment of the amount till, the date of refund of such amount: provided that the amount deposited under section 35f, prior to the commencement of the finance no. 2 act, , shall continue to be governed by the provisions of section 35ff as it stood before the commencement of the said act. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. subs. by ibid, s. 106, for section 35ff.

section 35f. of the central excise act : 1235f. deposit of certain percentage of duty demanded or penalty imposed before filing appeal. the tribunal or the commissioner appeals, as the case may be, shall not entertain any appeal i under subsection 1 of section 35, unless the appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of central excise lower in rank than the 3principal commissioner of central excise or commissioner of central excise ii against the decision or order referred to in clause a of subsection 1 of section 35b, unless the appellant has deposited seven and a half per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against iii against the decision or order referred to in clause b of subsection 1 of section 35b, unless the appellant has deposited ten per cent of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: provided that the amount required to be deposited under this section shall not exceed rupees ten crores: provided further that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the finance no. 2 act, . explanation.for the purposes of this section duty demandeddbqtd shall include, i amount determined under section 11d ii amount of erroneous cenvat credit taken iii amount payable under rule 6 of the cenvat credit rules, or the cenvat credit rules, or the cenvat credit rules, . 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. subs. by act 25 of , s. 105, for section 35f w.e.f. . 3. subs. by ibid, s. 95, for commissioner of central excise.

section 35k. of the central excise act : 135k. decision of high court or supreme court on the case stated.1 the 2 supreme court hearing any such case shall decide the questions of law raised therein and shall deliver its judgment thereon containing the grounds on which such decision is founded and a copy of the judgment shall be sent under the seal of the court and the signature of the registrar to the appellate tribunal which shall pass such orders as are necessary to dispose of the case in conformity with such judgment. 31a where the high court delivers a judgment in an appeal filed before it under section 35g, effect shall be given to the order passed on the appeal by the concerned central excise officer on the basis of a certified copy of the judgment. 2 the costs of any 4reference to 5 an appeal to 5 the supreme court,6 which shall not include the fee for making the reference shall be in the discretion of the court. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. the words high court or the omitted by act 49 of , s. 30 and sch. pt. vii7 w.e.f. . 3. ins. by act 32 of , s. 146a w.e.f. . 4. subs. by ibid, s. 146, for reference to the high court or the supreme court w.e.f. . 5. the words the high court or omitted by act 49 of , s. 30 and sch. pt. vii7iia w.e.f. . 6. the words as the case may be omitted by ibid, s. 30 and sch. pt. vii7iib w.e.f. .

section 35g.. of the central excise act : 135g. appeal to high court. omitted by the national tax tribunal act, act 49 of , s. 30 and sch., pt. vii6 w.e.f. . 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35p. of the central excise act : 135p. transfer of certain pending proceedings and transitional provisions.1 every appeal which is pending immediately before the appointed day before the board under section 35, as it stood immediately before that day, and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the appellate tribunal and the appellate tribunal may proceed with such appeal or matter from the stage at which it was on that day: provided that the appellant may demand that before proceeding further with that appeal or matter, he may be reheard. 2 every proceeding which is pending immediately before the appointed day before the central government under section 36, as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall stand transferred on that day to the appellate tribunal and the appellate tribunal may proceed with such proceeding or matter from the stage at which it was on that day as if such proceeding or matter were an appeal filed before it: provided that if any such proceeding or matter relates to an order where a in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or b the amount of fine or penalty determined by such order, does not exceed ten thousand rupees, such proceeding or matter shall continue to be dealt with by the central government as if the said section 36 had not been substituted: provided further that the applicant or the other party may make a demand to the appellate tribunal that before proceeding further with that proceeding or matter, he may be reheard. 3 every proceeding which is pending immediately before the appointed day before the board or the 2principal commissioner of central excise or commissioner of central excise under section 35a, as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall continue to be dealt with by the board or the 2principal commissioner of central excise or commissioner of central excise, as the case may be, as if the said section had not been substituted. 4 any person who immediately before the appointed day was authorised to appear in any appeal or proceeding transferred under subsection 1 or subsection 2 shall, notwithstanding anything contained in section 35q, have the right to appear before the appellate tribunal in relation to such appeal or proceeding. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 1. subs. by act 25 of , s. 95, for commissioner of central excise.

section 35l. of the central excise act : 135l. appeal to supreme court. 21 an appeal shall lie to the supreme court from 3a any judgment of the high court delivered i in an appeal made under section 35g or ii on a reference made under section 35g by the appellate tribunal before the 1st day of july, iii on reference made under section 35h, in any case which, on its own motion or on an oral application made by or on behalf of the party aggrieved, immediately after the passing of the judgment, the high court certifies to be a fit one for appeal to the supreme court or b any order passed 3before the establishment of the national tax tribunal by the appellate tribunal relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to the value of goods for purposes of assessment. 42 for the purposes of this chapter, the determination of any question having a relation to the rate of duty shall include the determination of taxability or excisability of goods for the purpose of assessment. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. renumbered by act 25 of , s. 107. 3. subs. by act 32 of , s. 147, for clause a w.e.f. . 4. ins. by act 49 of , s. 30 and sch. pt. vii8 w.e.f. . 5. ins. by act 25 of , s. 107.

section 35m. of the central excise act : 135m. hearing before supreme court.1 the provisions of the code of civil procedure, , 5 of relating to appeals to the supreme court shall, so far as may be, apply in the case of appeals under section 35l as they apply in the case of appeals from decrees of a high court: provided that nothing in this subsection shall be deemed to affect the provisions of subsection 1 of section 35k or section 35n. 2 the costs of the appeal shall be in the discretion of the supreme court. 3 where the judgment of the high court is varied or reversed in the appeal, effect shall be given to the order of the supreme court in the manner provided in section 35k in the case of a judgment of the high court. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35n. of the central excise act : 135n. sums due to be paid notwithstanding reference, etc.notwithstanding that a reference has been made to the high court or the supreme court or an appeal has been preferred to the supreme court 1under this act before the commencement of the national tax tribunal act, , sums due to the government as a result of an order passed under subsection 1 of section 35c shall be payable in accordance with the order so passed. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. ins. by act 49 of , s. 30 and sch. pt. vii9 w.e.f. .

section 36a. of the central excise act : 136a. presumption as to documents in certain cases.where any document is produced by any person or has been seized from the custody or control of any person, in either case, under this act or under any other law and such document is tendered by the prosecution in evidence against him or against him and any other person who is tried jointly with him, the court shall, a unless the contrary is proved by such person, presume i the truth of the contents of such document ii that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested b admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. 1. ins. by act 36 of , s. 23.

section 35o. of the central excise act : 135o. exclusion of time taken for copy.in computing the period of limitation prescribed for an appeal or application under this chapter, the day on which the order complained of was served, and if the party preferring the appeal or making the application was not furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining a copy of such order shall be excluded. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. .

section 35q. of the central excise act : 135q. appearance by authorised representative.1 any person who is entitled or required to appear before a central excise officer or the appellate tribunal in connection with any proceedings under this act, otherwise than when required under this act to appear personally for examination on oath or affirmation, may, subject to the other provisions of this section, appear by an authorised representative. 2 for the purposes of this section, authorised representative means a person authorised by the person referred to in subsection 1 to appear on his behalf, being a his relative or regular employee or b any legal practitioner who is entitled to practise in any civil court in india or c any person who has acquired such qualifications as the central government may prescribe for this purpose. 3 notwithstanding anything contained in this section, no person who was a member of the indian customs and central excise servicegroup a and has retired or resigned from such service after having served for not less than three years in any capacity in that service, shall be entitled to appear as an authorised representative in any proceedings before a central excise officer for a period of two years from the date of his retirement or resignation, as the case may be. 4 no person, a who has been dismissed or removed from government service or b who is convicted of an offence connected with any proceeding under this act, the customs act, 52 of or the gold control act, 45 of 1 or c who has become an insolvent, shall be qualified to represent any person under subsection 1, for all times in the case of a person referred to in clause a, and for such time as the 3principal commissioner of central excise or commissioner of central excise or the competent authority under the customs act, or the gold control act, 45 of 2 , as the case may be, may, by order, determine in the case of a person referred to in clause b, and for the period during which the insolvency continues in the case of a person referred to in clause c. 5 if any person, a who is a legal practitioner, is found guilty of misconduct in his professional capacity by any authority entitled to institute proceedings against him, an order passed by that authority shall have effect in relation to his right to appear before a central excise officer or the appellate tribunal as it has in relation to his right to practise as a legal practitioner b who is not a legal practitioner, is found guilty of misconduct in connection with any proceedings under this act by the prescribed authority, the prescribed authority may direct that he shall thenceforth be disqualified to represent any person under subsection 1. 6 any order or direction under clause d of subsection 4 or clause b of subsection 5 shall be subject to the following conditions, namely: a no such order or direction shall be made in respect of any person unless he has been given a reasonable opportunity of being heard b any person against whom any such order or direction is made may, within one month of the making of the order or direction, appeal to the board to have the order or direction cancelled and c no such order or direction shall take effect until the expiration of one month from the making thereof, or, where an appeal has been preferred, until the disposal of the appeal. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. repealed by act 18 of , s. 2. 3. subs. by act 25 of , s. 95, for commissioner of central excise.

section 36b. of the central excise act : 136b. admissibility of microfilms, facsimile copies of documents and computer printouts as documents and as evidence.1 notwithstanding anything contained in any other law for the time being in force, a a microfilm of a document or the reproduction of the image or images embodied in such microfilm whether enlarged or not or b a facsimile copy of a document or c a statement contained in a document and included in a printed material produced by a computer hereinafter referred to as a computer printout, if the conditions mentioned in subsection 2 and the other provisions contained in this section are satisfied in relation to the statement and the computer in question, shall be deemed to be also a document for the purposes of this act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. 2 the conditions referred to in subsection 1 in respect of a computer printout shall be the following, namely: a the computer printout containing the statement was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer b during the said period, there was regularly supplied to the computer in the ordinary course of the said activities, information of the kind contained in the statement or of the kind from which the information so contained is derived c throughout the material part of the said period, the computer was operating properly or, if not, then any respect in which it was not operating properly or was out of operation during that part of that period was not such as to affect the production of the document or the accuracy of the contents and d the information contained in the statement reproduced or is derived from information supplied to the computer in the ordinary course of the said activities. 3 where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause a of subsection 2 was regularly performed by computers, whether a by a combination of computers operating over that period or b by different computers operating in succession over that period or c by different combinations of computers operating in succession over that period or d in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer and references in this section to a computer shall be construed accordingly. 4 in any proceedings under this act and the rules made thereunder where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, a identifying the document containing the statement and describing the manner in which it was produced b giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer c dealing with any of the matters to which the conditions mentioned in subsection 2 relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities whichever is appropriate shall be evidence of any matter stated in the certificate and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 5 for the purposes of this section, a information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or with or without human intervention by means of any appropriate equipment b whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities c a document shall be taken to have been produced by a computer whether it was produced by it directly or with or without human intervention by means of any appropriate equipment. explanation.for the purposes of this section, a computer means any device that receives, stores and processes data, applying stipulated processes to the information and supplying results of these processes and b any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process. 1. ins. by act 29 of , s. 13 w.e.f. .

section 35r. of the central excise act : 1235r. appeal not to be filed in certain cases.1 the central board of excise and customs may, from time to time, issue orders or instructions or directions fixing such monetary limits, as it may deem fit, for the purposes of regulating the filing of appeal, application, revision or reference by the central excise officer under the provisions of this chapter. 2 where, in pursuance of the orders or instructions or directions, issued under subsection 1, the central excise officer has not filed an appeal, application, revision or reference against any decision or order passed under the provisions of this act, it shall not preclude such central excise officer from filing appeal, application, revision or reference in any other case involving the same or similar issues or questions of law. 3 notwithstanding the fact that no appeal, application, revision or reference has been filed by the central excise officer pursuant to the orders or instructions or directions issued under subsection 1, no person, being a party in appeal, application, revision or reference shall contend that the central excise officer has acquiesced in the decision on the disputed issue by not filing appeal, application, revision or reference. 4 3the commissioner appeals or the appellate tribunal or court hearing such appeal, application, revision or reference shall have regard to the circumstances under which appeal, application, revision or reference was not filed by the central excise officer in pursuance of the orders or instructions or directions issued under subsection 1. 5 every order or instruction or direction issued by the central board of excise and customs on or after the 20th day of october, , but before the date on which the finance bill, receives the assent of the president, fixing monetary limits for filing of appeal, application, revision or reference shall be deemed to have been issued under subsection 1 and the provisions of subsections 2, 3 and 4 shall apply accordingly. 1. subs. by act 44 of , s. 50 and schedule v, pt. ii2, for sections 35, 35a and 36 w.e.f. . 2. ins. by act 8 of , s. 69 w.e.f. . 3. subs. by act 25 of , s. 108, for the appellate tribunal or court.

section 36. of the central excise act : in this chapter a appointed day means the date1 of coming into force of the amendments to this act specified in part ii of the fifth schedule to the finance no. 2 act, 44 of b high court means, i in relation to any state, the high court for that state ii in relation to a union territory to which the jurisdiction of the high court of a state has been extended by law, that high court iii in relation to the union territories of dadra and nagar haveli and 2daman and diu, the high court at bombay iv in relation to any other union territory, the highest court of civil appeal for that territory other than the supreme court of india c president means the president of the appellate tribunal. 1. came into force on vide g.s.r. 592 e, dated 11th october, . 2. subs. by act 10 of the goa, daman diu reorganisation act, w.e.f. .

section 37c. of the central excise act : 137c. service of decisions, orders, summons, etc.1 any decision or order passed or any summons or notices issued under this act or the rules made thereunder, shall be served, a by tendering the decision, order, summons or notice, or sending it by registered post with acknowledgment due 2or by speed post with proof of delivery or by courier approved by the central board of excise and customs constituted under the central boards of revenue act, 54 of , to the person for whom it is intended or his authorised agent, if any b if the decision, order, summons or notice cannot be served in the manner provided in clause a, by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of business or usual place of residence of the person for whom such decision, order, summons or notice, as the case may be, is intended c if the decision, order, summons or notice cannot be served in the manner provided in clauses a and b, by affixing a copy thereof on the noticeboard of the officer or authority who or which passed such decision or order or issued such summons or notice. 2 every decision or order passed or any summons or notice issued under this act or the rules made thereunder, shall be deemed to have been served on the date on which the decision, order, summons or notice is tendered or delivered by post 3or courier referred to in subsection 1 or a copy thereof is affixed in the manner provided in subsection 1. 1. subs. by act 25 of , s. 95, for commissioner of central excise. 2. ins. by act 17 of , s. 100i. 3. ins. by act 17 of , s. 100ii

section 37. of the central excise act : 1 the central government may make rules to carry into effect the purposes of this act. 1. ins. by act 22 of , s. 3 w.e.f. . 2. clause i renumbered as clause ib by ibid/b, s. 3 w.e.f. . 3. ins. by act 27 of , s. 131a w.e.f. . 4. ins. by act 25 of , s. 25 w.e.f. . 5. ins. by act 23 of , s. 85. 6. subs. by act 33 of , s. 110, for compounding . 6. the words the bringing of excisable goods into india from the state of jammu and kashmir, or omitted by act 41 of , s. 2 and sch w.e.f. . 7. subs. by act 25 of , s. 11 and sch. iv, for the states . 8. subs. by act 18 of , s. 1135ia, for licensed w.e.f. . 9. subs. by the a.o. . 10. subs. by act 18 of , s. 1135ib, for manufactured under licence w.e.f. . 11. subs. by act 25 of , s. 11 and sch. iv, for the states . 12. subs. by act 18 of , s. 1135ic, for licences w.e.f. . 13. ins. by act 14 of , s. 68. 14. ins. by act 22 of , s. 78ai. 15. proviso omitted by act 49 of , s. 2. 16. ins. by act 23 of , s. 51 w.e.f. . 17. ins. by act 23 of , s. 85. 18. ins. by act 11 of , s. 94. 19. ins. by act 22 of , s. 78. 20. ins. by act 14 of , s. 48. 21. subs. by act 54 of , s. 5, for central board of revenue w.e.f. . 22. subs, by act 25 of , s. 95, for commissioners of central excise w.e.f. . 23. ins. by act 36 of , s. 24. 24. ins. by act 79 of , s. 6 w.e.f. . 25. ins. by act 40 of , s. 8 w.e.f. . 26. subs. by act 22 of , s. 78, for form . 27. ins. by act 18 of , s. 1135id w.e.f. . 28. ins. by act 27 of , s. 131 w.r.e.f. . 29. ins. by act 22 of , s. 78 w.e.f. . 30. subs. by act 10 of , s. 108, for certain words w.e.f. . 31. ins. by act 19 of , s. 38i w.e.f. . 32. subs. by act 18 of , s. 1135ii, for licence w.e.f. . 33. subs. by act 10 of , s. 108, for d in subsection 4. 34. subs. by act 20 of , s. 103, for two thousand rupees . 35. ins. by act 36 of , s. 24 w.e.f. . 36. subs. by act 10 of , s. 108, for certain words, w.e.f. . 37. subs. by act 20 of , s. 103, for two thousand rupees.

section 38. of the central excise act : 138. publication of rules and notifications and laying of rules before parliament.1 all rules made and notifications issued under this act shall be published in the official gazette. 22 every rule made under this act, every notification issued under 3section 3a, 4section 3c section 4a, subsection 1 of section 5a, 5section 5b and section 11c and every order made under subsection 2 of section 5a, other than an order relating to goods of strategic, secret, individual or personal nature, shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or order, or both houses agree that the rule should not be made or notification or order should not be issued or made, the rule or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order. 1. subs. by act 22 of , s. 4, for section 38. 2. subs. by act 22 of , s. 79, for subsection 2 w.e.f. . 3. ins. by act 26 of , s. 84 w.e.f. . 4. ins. by act 18 of , s. 9. 5. ins. by act 8 of , s. 70.

section 37b. of the central excise act : 137b. instructions to central excise officers.the central board of excise and customs constituted under the central boards of revenue act, 54 of , may, if it considers it necessary or expedient so to do for the purpose of uniformity in the classification of excisable goods or with respect to levy of duties of excise on 2such goods or for the implementation of any other provision of this act, issue such orders, instructions and directions to the central excise officers as it may deem fit, and such officers and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the said board: provided that no such orders, instructions or directions shall be issued a so as to require any central excise officer to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the 3principal commissioner of central excise or commissioner of central excise appeals in the exercise of his appellate functions. 1. sections 37b 37c ins. by act 79 of , s. 7 w.e.f. . 2. subs. by act 28 of , s. 144, for such goods w.e.f. . 3. subs. by act 25 of , s. 95, for commissioner of central excise.

section 39. of the central excise act : rep. by the repealing and amending act, 2 of , s. 2 and sch.

section 37d. of the central excise act : 137d. rounding off of duty, etc.the amount of duty, interest, penalty, fine or any other sum payable, and the amount of refund or any other sum due, under the provisions of this act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. 1. ins. by act 12 of , s. 65 w.e.f. .

section 37e. of the central excise act : 137e. publication of information respecting persons in certain cases.1 if the central government is of opinion that it is necessary or expedient in the public interest to publish the names of any person and any other particulars relating to any proceedings or prosecutions under this act in respect of such person, it may cause to be published such names and particulars in such manner as if thinks fit. 2 no publication under this section shall be made in relation to any penalty imposed under this act until the time for presenting an appeal to the commissioner appeals under section 35 of the appellate tribunal under section 35b, as the case may be, has expired without an appeal having been presented or the appeal, if presented, has been disposed of. explanation.in the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the central government, circumstances of the case justify it. 1. ins. by act. 29 of , s. 38 w.e.f. .

section 38a. of rules, notifications or orders. of the central excise act : 138a. effect of amendments, etc. of rules, notifications or orders.where any rule, notification or order made or issued under this act or any notification or order issued under such rule, is amended, repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal, supersession or rescinding shall not a revive anything not in force or existing at the time at which the amendment, repeal, supersession or rescinding takes effect or b affect the previous operation of any rule, notification or order so amended, repealed, superseded or rescinded or anything duly done or suffered thereunder or c affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule, notification or order so amended, repealed, superseded or rescinded or d affect any penalty, forfeiture or punishment incurred in respect of any offence committed under or in violation of any rule, notification or order so amended, repealed, superseded or rescinded or e affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the rule, notification or order, as the case may be, had not been amended, repealed, superseded or rescinded. 1. ins. by act 14 of , s. 131 w.r.e.f. .

section 40. of the central excise act : 140. protection of action taken under the act.1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of the central government or a state government for anything which is done, or intended to be done, in good faith, in pursuance of this act or any rule made thereunder. 2 no proceeding, other than a suit, shall be commenced against the central government or any officer of the central government or a state government for anything done or purported to have been done in pursuance of this act or any rule made thereunder, without giving the central government or such officer a months previous notice in writing of the intended proceeding and of the cause thereof or after the expiration of three months from the accrual of such cause. 1. subs. by act 22 of , s. 5, for section 40 w.e.f. .

section 6. of the dissolution of muslim marriages act : repeal of section 5 of act 26 of . rep. by the repealing and amending act, 25 of , s. 2 and the first schedule .

section 1. of the dissolution of muslim marriages act : 1 this act may be called the dissolution of muslim marriages act, . 2 it extends to the whole of india 123 . . 1. subs by act 48 of , s. 3 and sch. i, for certain words w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. in its application to pondicherry, in section 1, after subsection 2, the following shall be inserted provided that nothing contained in this act shall apply to the renoncants of the union territory of pondicherry. vide act 26 of . the act has been extended to dadra and nagar haveli by reg. 6 of , s. 2 and sch. i.

section 5. of the dissolution of muslim marriages act : nothing contained in this act shall affect any right which a married woman may have under muslim law to her dower or any part thereof on the dissolution of her marriage.

section 3. of the dissolution of muslim marriages act : in a suit to which clause i of section 2 applies a the names and addresses of the persons who would have been the heirs of the husband under muslim law if hehad died on the date of the filing of the plant shall be stated in the plaint, b notice of the suit shall be served on such persons, and c such persons shall have the right to be heard in the suit : provided that paternal uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.

section 2. grounds for decree for dissolution of marriage of the dissolution of muslim marriages act : a woman married under muslim law shall be entitle to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: i that the whereabouts of the husband have not been known for a period of four years ii that the husband has neglected or has failed to provide for her maintenance for a period of two years iii that the husband has been sentenced to imprisonment for a period of seven years or upwards iv that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years v that the husband was impotent at the time of the marriage and continues to be so, vi that the husband has been insane for a period of two years or is suffering from 3 a virulent venereal disease vii that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years : provided that the marriage has not been consummated viii that the husband treats her with cruelty, that is to say, a habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical illtreatment, or b associates with women of evil repute or leads an infamous life, or c attempts to force her to lead an immoral life, or d disposes of her property of prevents her exercising her legal rights over it, or e obstructs her in the observance of her religious profession or practice, or f if he has more wives than one, does not treat her equitably in accordance with the injunctions of the qoran ix on any other ground which is recognised as valid for the dissolution of marriages under muslim law : provided that a no decree shall be passed on ground iii until the sentence has become final b a decree passed on ground i shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the court that he is prepared to perform his conjugal duties, the court shall set aside the said decree and c before passing a decree on ground v the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be passed on the said ground. 1. the words leprosy or omitted by act 6 of , s. 3 w.e.f .

section 4. of the dissolution of muslim marriages act : the renunciation of islam by a married muslim woman or her conversion to a faith other than islam shall not by itself operate to dissolve her marriage : provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2: provided further that the provisions of this section shall not apply to a woman converted to islam from some other faith who reembraces her former faith.

section 6. of the policeforces restriction of rights act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 1. of the policeforces restriction of rights act : 1 this act may be called the policeforces restriction of rights act, . 2 it extends to the whole of india. 3 it shall come into force on such 1date as may be appointed in this behalf by notification in the official gazette, a in a 2union territory, by the central government and b in a 3state by the government of that state: provided that different dates may be appointed by the central government for different union territories. 1. 3rd december, , vide notification no. g.s.r. , dated 3rd december, , in respect of the union territory of delhi, see gazette of india, extraordinary, part ii, sec. 3i. 2. 1st august, , vide notification no. s.o. e, dated 20th july, , in respect of the union territories of andaman and nicobar islands, chandigarh, see gazette of india, extraordinary, part ii, sec. 3ii. 3. 4th september, , vide panjab govt. notification no. s.o. 67 c. a. 33/66/s. 1/67, dated 2nd, september, , in respect of the state of panjab, see gazette of india, extraordinary.

section 5. of the policeforces restriction of rights act : 1 the central government may, by notification in the official gazette, amend the schedule by including therein any other enactment relating to a force charged with the maintenance of public order or by omitting there from any enactment already specified therein and on the publication of the notification such enactment shall be deemed to be specified in, or as the case may be, omitted from, the schedule. 2 a copy of every notification issued under subsection 1 shall be laid before each house of parliament, as soon as may be, after it is issued.

section 2. of the policeforces restriction of rights act : in this act, unless the context otherwise requires, a member of a policeforce means any person appointed or enrolled under any enactment specified in the schedule b policeforce includes any force charged with the maintenance of public order c prescribed means prescribed by rules made under this act.

section 3. of the policeforces restriction of rights act : 1 no member of a policeforce shall, without the express sanction of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the force of which he is a member or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no member of a policeforce shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 4. of the policeforces restriction of rights act : any person who contravenes the provisions of section 3 shall, without prejudice to any other action that may be taken against him, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 6. of the union duties of excise distribution act : the union duties of excise distribution act, 3 of , shall, as from the 1st day of april, stand repealed.

section 1. of the union duties of excise distribution act : 11 this act may be called the union duties of excise distribution act, . 2 it shall be deemed to have come into force on the 1st day of april, . 1. subs. by act 31 of , s. 2, for second report dated the 18th day of december, w.e.f. .

section 5. of the union duties of excise distribution act : 1 the central government may, by notification in the official gazette, make rules providing for the time at which and the manner in which, any payments under this act are to be made, for the making of adjustments between one financial year andanother and for any other incidental or ancillary matters. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification of annulment shall be without prejudice to the validity of anything previously done under that rule.

section 3. of the union duties of excise distribution act : 13.payment to states of sums equivalent to a part of the net proceeds of union duties of excise and distribution of sums among them. during the financial year commencing on the 1stday of april, ,and each of the four succeeding financial years, there shall be paid, out of the consolidated fund of india, to the states, sums equivalent to the distributable union duties of excise levied and collected in that year and, asixteennineteenth of the sums so payable during each such financial year shall be distributed to each of the states specified in column 1of table i below in such percentage as is set out against it in column 2thereof and bthreenineteenth of the sums so payable during each such financial year shallbe distributed to each of the states specified in column 1of table ii below in such percentage as is set out against it in column 2thereof with respect to that financial year: tablei/bt state percentage 1 2 andhra pradesh . . . . . . . . . 8.465 arunachal pradesh . . . . . . . . . 0.170 assam . . . . . . . . . 2.784 bihar . . . . . . . . . 12.861 goa . . . . . . . . . 0.180 gujarat . . . . . . . . . 4.046 1 2 haryana . . . . . . . . . 1.238 himachal pradesh . . . . . . . . . 0.704 jammu and kashmir . . . . . . . . . 1.097 karnataka . . . . . . . . . 5.339 kerala . . . . . . . . . 3.875 madhya pradesh . . . . . . . . . 8.290 maharashtra . . . . . . . . . 6.126 manipur . . . . . . . . . 0.282 meghalaya . . . . . . . . . 0.283 mizoram . . . . . . . . . 0.149 nagaland . . . . . . . . . 0.181 orissa . . . . . . . . . 4.495 punjab . . . . . . . . . 1.461 rajasthan . . . . . . . . . 5.551 sikkim . . . . . . . . . 0.126 tamil nadu . . . . . . . . . 6.637 tripura . . . . . . . . . 0.378 uttar pradesh . . . . . . . . . 17.811 west bengal . . . . . . . . . 7.471 tableii state financial year and percentage 1 2 andhra pradesh 12.....000 arunachal pradesh 3.....667 assam 8.....290 bihar 6.....000 goa 0.....604 himachal pradesh 8.....338 jammu and kashmir 13.....700 manipur 3.....348 meghalaya 3.....130 mizoram 3.... 1 2 nagaland 5.....025 orissa 4.....680 rajasthan 0.....000 sikkim 1.....055 tripura 5.....089 uttar pradesh 17.....000. 1. subs. by s. 4, ibid., for section 3 w.e.f. .

section 4. of the union duties of excise distribution act : the expenditure on the payments in pursuance of section 3 shall be charged on the consolidated fund of india.

section 2. of the union duties of excise distribution act : 12. definition. in this act, the expression distributable union duties of excise means 2fortyseven and a half per cent. of the net proceeds of union duties of excise, levied and collected under the central excises and salt act, 1 of and any other law for the levy and collection of such duty, unless the law earmarks the proceeds of the duty for any special purpose. explanation. the expression net proceeds has the same meaning as in clause 1 of article 279 of the constitution. 1. subs. by act 17 of , s. 3, for sections 2 and 3 w.e.f. . 2. subs. by act 31 of , s. 3, for fortyfive per cent. w.e.f. .

section 8. of the registration of foreigners act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of the foreigners act, 1 31 of and any other law for the time being in force. 1. subs. by act 37 of , s. 5, for .

section 1. of the registration of foreigners act : 1 this act may be called the registration of foreigners act, . 2 it extends to 1 the whole of india 2 . 1. subs. by s. 3, ibid., for all the provinces of india. 2. the words except the state of hyderabad, ins. by the a.o. , omitted by act 3 of , s. 3 and the schedule.

section 2. of the registration of foreigners act : in this act 4 a foreigner means a person who is not a citizen of india 5 b prescribed means prescribed by rules made under this act. 1. subs. by act 11 of , s. 8, for clause a w.e.f. . 2. cl. aa omitted by the act 3 of , s. 3 and the schedule which was ins. by the a.o. .

section 7. of the registration of foreigners act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 3. of the registration of foreigners act : show related subordinates 1 1 the central government may after previous publication, by notification in the official gazette, make rules with respect to foreigners for any or all of the following purposes, that is to say a for requiring any foreigner entering, or being present in, 2 india to report his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed b for requiring any foreigner moving from one place to another place in 2 india to report, on arrival at such other place, his presence to a prescribed authority within such time and in such manner and with such particulars as may be prescribed c for requiring any foreigner who is about to leave 3 india to report the date of his intended departure and such other particulars as may be prescribed to such authority and within such period before departure as may be prescribed d for requiring any foreigner entering, being present in, or departing from, 3 india to produce, on demand by a prescribed authority, such proof of his identity as may be prescribed e for requiring any person having the management of any hotel, boardinghouse, sarai or any other premises of like nature to report the name of any foreigner residing therein for whatever duration, to a prescribed authority within such time and in such manner and with such particulars as may be prescribed f for requiring any person having the management or control of any vessel or aircraft to furnish to a prescribed authority such information as may be prescribed regarding any foreigner entering, or intending to depart from 3 india, in such vessel or aircraft, and to furnish to such authority such assistance as may be necessary or prescribed for giving effect to this act g for providing for such other incidental or supplementary matters as may appear to the central government necessary or expedient for giving effect to this act. 4 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. s. 3 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by act 37 of , s. 4, for the provinces 3. subs. by act 37 of , s. 4, for the provinces 4. ins. by act 4 of , s. 2 and the sch. w.e.f. .

section 9. of the registration of foreigners act : 12application of act to part b states. omitted by the part b states laws act, 3 of , s. 3 and the schedule. 12. added by s. 6, ibid.

section 6. of the registration of foreigners act : show related subordinates the central government may, by order1 declare that any or all of the provisions of the rules made under this act shall not apply, or shall apply only with such modifications or subject to such conditions as may be specified in the said order, to or in relation to any individual foreigner or any class or description of foreigner : provided that a copy of every such order shall be placed on the table of 2 parliament as soon as may be after its promulgation. 1. for registration of foreigners exemption order, see gazette of india , pt. i, p. . 2. the words both houses of rep. by the a.o. .

section 4. of the registration of foreigners act : if any question arises with reference to this act or any rule made thereunder, whether any person is or is not a foreigner, or is or is not a foreigner of a particular class or description, the onus of proving that such person is not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the indian evidence act, 1 of , lie upon such person.

section 5. of the registration of foreigners act : show related subordinates any person who contravenes, or attempts to contravene, or fails to comply with, any provision of any rule made under this act shall be punished, if a foreigner, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both, or if not a foreigner, with fine which may extend to five hundred rupees.

section 8. of the religious institutions prevention of misuse act : 1 any manager or other employee of a religious institution shall, upon conviction for an offence under this act, stand removed from his office or post and shall, notwithstanding anything to the contrary contained in any other law, be disqualified for appointment in any religious institution as manager or in any other capacity for a period of six years from the date of his conviction. 2 where any manager or other employee of a religious institution is accused of an offence under this act and a chargesheet for the prosecution of such person is filed in any court and the court is of the opinion, after considering the chargesheet and after hearing the prosecution and the accused, that a prima facie case exists, it shall pass an order or direction restraining the person from exercising the powers or discharging the duties of his office or post pending trial. 3 where any manager or other employee has been removed under subsection 1, or restrained under subsection 2, the vacancy arising out of such removal or restraint may be filled in the manner provided in the law applicable to the said religious institution.

section 1. of the religious institutions prevention of misuse act : 1 this act may be called the religious institutions prevention of misuse act, . 2 it extends to the whole of india 1. 3 it shall be deemed to have come into force on the 26th day of may, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the religious institutions prevention of misuse act : in this act, unless the context otherwise requires, a ammunition shall have the same meaning as in clause b of subsection 1 of section2 of the arms act, 54 of b arms shall have the same meaning as in clause c of subsection 1 of section 2 of the arms act, 54 of c manager, in relation to a religious institution, means every person, including any religious functionary by whatever name called, who, for the time being, either alone or in association with other persons, administers, manages or otherwise controls the affairs of that institution, its functions or properties d political activity includes any activity promoting or propagating the aims or objects of a political party or any cause, issue or question of a political nature by organising meetings, demonstrations, processions, collection or disbursement of funds, or by the issue of directions or decrees, or by any other means, and includes also such activity by or on behalf of a person seeking election as a candidate for any election to parliament, any state legislature or any local authority e political party means an association or body of persons i which is, or is deemed to be, registered, with the election commission of india as a political party under the election symbols reservation and allotment order, , as in force for the time being or ii which has set up candidates for election to any legislature, but is not registered, or deemed to be registered, as a political party, under the election symbols reservation and allotment order, or iii organised to carry on any political activity or to acquire or exercise political power through election or otherwise f religious institution means an institution for the promotion of any religion or persuasion, and includes any place or premises used as a place of public religious worship, by whatever name or designation known.

section 4. of the religious institutions prevention of misuse act : no religious institution or manager thereof shall allow the entry of any arms or ammunition or of any person carrying any arms or ammunition into the religious institution: provided that nothing in this section shall apply to a the wearing and carrying of a kirpan by any person professing the sikh religion or b any arms which are used, as part of any religious ceremony or ritual of the institution as established by custom or usage.

section 7. of the religious institutions prevention of misuse act : where any religious institution or manager thereof contravenes the provisions of section 3, section 4, section 5 or section 6, the manager and every person connected with such contravention shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees.

section 5. of the religious institutions prevention of misuse act : no religious institution or manager thereof shall use or allow the use of any funds or other properties belonging to, or under the control of, the institution for the benefit of any political party or for the purpose of any political activity or for the commission of any act which is punishable as an offence under any law.

section 10. of the religious institutions prevention of misuse act : 1 the religious institutions prevention of misuse ordinance, ord. 3 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 3. of the religious institutions prevention of misuse act : no religious institution or manager thereof shall use or allow the use of any premises belonging to, or under the control of, the institution a for the promotion or propagation of any political activity or b for the harbouring of any person accused or convicted of an offence under any law for the time being in force or c for the storing of any arms or ammunition or d for keeping any goods or articles in contravention of any law for the time being in force or e for erecting or putting up of any construction or fortification, including basements, bunkers, towers or walls without a valid licence or permission under any law for the time being in force or f for the carrying on of any unlawful or subversive act prohibited under any law for the time being in force or in contravention of any order made by any court or g for the doing of any act which promotes or attempts to promote disharmony or feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities or h for the carrying on of any activity prejudicial to the sovereignty, unity and integrity of india or i for the doing of any act in contravention of the provisions of the prevention of insults to national honour act, 69 of.

section 9. of the religious institutions prevention of misuse act : every manager or other employee of a religious institution shall be bound to give information to the officer incharge of the police station within whose local jurisdiction the religious institution is situate of any contravention or any impending contravention of the provisions of this act and any failure to do so shall be punishable under section 176 of the indian penal code 45 of .

section 6. of the religious institutions prevention of misuse act : no religious institution or manager thereof shall allow any ceremony, festival, congregation, procession or assembly organised or held under its auspices to be used for any political activity.

section 7. of the special court trial of offences relating to transactions in securities act : notwithstanding anything contained in any other law, any prosecution in respect of any offence referred to in subsection 2 of section 3 shall be instituted only in the special court and any prosecution in respect of such offence pending in any court shall stand transferred to the special court.

The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

section 1. of the special court trial of offences relating to transactions in securities act : 1 this act may be called the special court trial of offences relating to transactions in securities act, . 2 it shall be deemed to have come into force on the 6th day of june, .

section 2. of the special court trial of offences relating to transactions in securities act : in this act, unless the context otherwise requires, a code means the code of criminal procedure, 2 of b custodian means the custodian appointed under subsection1 of section 3 c securities includes i shares, scrips, stocks, bonds, debentures, debenture stock, units of the unit trust of india or any other mutual fund or other marketable securities of a like nature in or of any incorporated company or other body corporate ii government securities and iii rights or interests in securities d special court means the special court established under subsection 1 of section 5.

section 6. of the special court trial of offences relating to transactions in securities act : the special court shall take cognizance of or try such cases as are instituted before it or transferred to it as hereinafter provided.

section 4. of the special court trial of offences relating to transactions in securities act : 1 if the custodian is satisfied, after such inquiry as he may think fit, that any contract or agreement entered into at any time after the 1st day of april, and on and before the 6th june, in relation to any property of the person notified under subsection 2 of section 3 has been entered into fraudulently or to defeat the provisions of this act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this act: provided that no contract or agreement shall be cancelled except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. 2 any person aggrieved by a notification issued under subsection 2 of section 3 or any cancellation made under subsection 1 of section 4 or any other order made by the custodian in exercise of the powers conferred on him under section 3 or 4 may file a petition objecting to the same within thirty days of the assent to the special court trial of offences relating to transactions in securities bill, by the president before the special court where such notification, cancellation or order has been issued before the date of assent to the special court trial of offences relating to transactions in securitiesbill, by the president and where such notification, cancellation or order has been issued on or after that date, within thirty days of the issuance of such notification, cancellation or order, as the case may be and the special court after hearing the parties, may make such order as it deems fit.

section 9. of the special court trial of offences relating to transactions in securities act : 1 the special court shall, in the trial of such cases, follow the procedure prescribed by the code for the trial of warrant cases before a magistrate. 2 save as expressly provided in this act, the provisions of the code shall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedings before the special court and for the purposes of the said provisions of the code, the special court shall be deemed to be a court of session and shall have all the powers of a court of session, and the person conducting a prosecution before the special court shall be deemed to be a public prosecutor. 3 the special court may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted. 4 while dealing with any other matter brought before it, the special court may adopt such procedure as it may deem fit consistent with the principles of natural justice.

section 3. of the special court trial of offences relating to transactions in securities act : 1 the central government may appoint one or more custodians as it may deem fit for the purposes of this act. 2 the custodian may, on being satisfied on information received that any person has been involved in any offence relating to transactions insecurities after the 1st day of april, and on and before the 6th june, , notify the name of such person in the official gazette. 3 notwithstanding anything contained in the code and any other law for the time being in force, on and from the date of notification under subsection 2, any property, movable or immovable, or both, belonging to any person notified under that subsection shall stand attached simultaneously with the issue of the notification. 4 the property attached under subsection 3 shall be dealt with by the custodian in such manner as the special court may direct. 5 the custodian may take assistance of any person while exercising his powers or for discharging his duties under this section and section 4.

section 9a. of the special court trial of offences relating to transactions in securities act : 1 9a. jurisdiction, powers, authority and procedure of special court in civil matters.1 on and from the commencement of the special court trial of offences relating to transactions in securities amendment act, 24 of the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation to any matter or claim a relating to any property standing attached under subsection3 of section 3 barising out of transactions in securities entered into after the1st day of april, , and on or before the 6th day of june, , in which a person notified under subsection 2 of section 3 is involved as a party, broker, intermediary or in any other manner. 2 every suit, claim or other legal proceeding other than an appeal pending before any court immediately before the commencement of the special court trial of offences relating to transactions in securitiesamendment act, 24 of , being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the special court under subsection 1, shall stand transferred on such commencement to the special court and the special court may, on receipt of the records of such suit, claim or other legal proceeding, proceed to deal with it, so far as may be, in the same manner as a suit, claim or legal proceeding from the stage which was reached before such transfer or from any earlier stage or de novo as the special court may deem fit. 3 on and from the commencement of the special court trial of offences relating to transactions in securities amendment act, 24 of , no court other than the special court shall have, or be entitled to exercise, any jurisdiction, power or authority in relation to any matter or claim referred to in subsection 1. 4 while dealing with cases relating to any matter or claim under this section, the special court shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice, and subject to the other provisions of this act and of any rules, the special court shall have power to regulate its own procedure. 5 without prejudice to the other powers conferred under this act, the special court shall have, for the purposes of discharging its functions under this section, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing a case for default or deciding it ex parte h setting aside any order of dismissal of any case for default or any order passed by it ex parte and i any other matter which may be prescribed by the central government under subsection 1 of section 14. 1 ins. by act 24 of , s. 3 w. e. f. .

section 5. of the special court trial of offences relating to transactions in securities act : 1 the central government shall, by notification in the official gazette, establish a court to be called the special court. 2 the special court shall consist of 1 one or more sitting judges of the high court nominated by the chief justice of the high court within the local limits of whose jurisdiction the special court is situated, with the concurrence of the chief justice of india. 2 3 when the office of 3 a judge of the special court is vacant by reason of absence or leave, the duties of the office shall be performed by such judge of the high court within the local limits of whose jurisdiction the special court is situated as the chief justice of that high court may, with the concurrence of the chief justice of india, nominate for the purpose and the judge so appointed shall have all the jurisdiction and powers of 3 a judge of the special court including the powers to pass final orders. 1 subs. by act 6 of , s. 2 for a sitting judgew. e. f. . 2 ins. by act 24 of , s. 2w. e. f. . 3 subs. by act 6 of , s. 2, for the judge of the special court w. e. f. .

section 5a. of the special court trial of offences relating to transactions in securities act : 1 5a.distribution of cases amongst judges of special court.where the special court consists of two or more judges, the chief justice of the high court within the local limits of whose jurisdiction the special court is situated may, from time to time, by general or special order, make provisions as to the distribution of cases amongst the judges and specify the matters which may be dealt with by each of such judge. 1 ins. by s. 3, ibid. w. e. f. .

section 8. of the special court trial of offences relating to transactions in securities act : the special court shall have jurisdiction to try any person concerned in the offence referred to in subsection 2 of section 3 either as a principal, conspirator or abettor and all other offences and accused persons as can be jointly tried therewith at one trial in accordance with the code.

section 11a. of the special court trial of offences relating to transactions in securities act : 111a. power to punish for contempt.the special court shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a high court has and may exercise and, for this purpose, the provisions of the contempt of courts act, 70 of , shall have effect subject to the modifications that a the references therein to a high court shall be construed as including a reference to such special court b the references to the advocategeneral in section 15 of the said act, shall be construed, in relation to the special court, as a reference to the attorneygeneral or the solicitorgeneral or the additional solicitorgeneral. 1 ins. by s. 5, ibid. w. e. f. .

section 9b. of the special court trial of offences relating to transactions in securities act : 19b. powers of the special court in arbitration matters.1 the special court shall have the jurisdiction and powers of a court conferred under the arbitration act, 10 of to decide any question forming subject matter of a reference relating to any matter or claim mentioned in subsection 1 of section 9a. 2 every suit or other proceeding other than an appeal in relation to any matter or claim referred to in subsection 1 of section 9a pending before any court and governed by the arbitration act, 10 of , immediately before the date of commencement of the special court trial of offences relating to transactions in securities amendment act, 24 of shall stand transferred on that date to the special court. explanation.for the purposes of this section, the expressions court and reference shall have respectively the same meanings as defined under clauses cand eof section 2 of the arbitration act, 10 of . 1 ins. by act 24 of , s. 3 w. e. f. .

section 14. of the special court trial of offences relating to transactions in securities act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 10. of the special court trial of offences relating to transactions in securities act : 1 notwithstanding anything in the code 1or the code of civil procedure, 5 of or the arbitration act, 19 of, an appeal shall lie from any judgment 1,decree sentence or order, not being interlocutory order, of the special court to the supreme court both on facts and on law. 2 except as aforesaid, no appeal or revision shall lie to any court from any judgment 1,decree sentence or order of the special court. 3 every appeal under this section shall be preferred within a period of thirty days from the date of any judgment, sentence or order of the special court: provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. 1 ins. by act 24 of , s. 4 w. e. f. .

section 15. of the special court trial of offences relating to transactions in securities act : 1 the special court trial of offences relating to transactions in securities ordinance, ord. 10 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the special court trial of offences relating to transactions in securities act : 1 notwithstanding anything contained in the code and any other law for the time being in force, the special court may make such order as it may deem fit directing the custodian for the disposal of the property under attachment. 2 the following liabilities shall be paid or discharged in full, as far as may be, in the order as under: a all revenues, taxes, cesses and rates due from the persons notified by the custodian under subsection 2 of section 3 to the central government or any state government or any local authority b all amounts due from the person so notified by the custodian to any bank or financial institution or mutual fund c any other liability as may be specified by the special court from time to time.

section 12. of the special court trial of offences relating to transactions in securities act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or the custodian for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 13. of the special court trial of offences relating to transactions in securities act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 8. of the code of criminal procedure : 1 the state government may, by notification, declare that, as from such date as may be specified in the notification, any area in the state comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this code. 2 as from the commencement of this code, each of the presidencytowns of bombay, calcutta and madras and the city of ahmedabad shall be deemed to be declared under subsection 1 to be a metropolitan area. 3 the state government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. 4 where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the state government may, by notification, specify in this behalf, cease to be a metropolitan area but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any court or magistrate in such area shall continue to be dealt with under this code, as if such cesser had not taken place. 5 where the state government reduces or alters, under subsection 3, the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any court or magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this code as if such reduction or alteration had not taken place. explanation.in this section, the expression population means the population as ascertained at the last preceding census of which the relevant figures have been published. state amendment delhi in its application to the national capital territory of delhi, in section 8, a in subsection 1, for the words a city or town, substitute a city or town or part thereof b for subsection 3, substitute the following subsection, namely: 3 the state government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: provided that a the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million and b the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million. c after subsection 4, insert the following subsection, namely: 4a where any metropolitan area is divided under subsection 3, the high court may issue such directions as it deems fit with respect to the disposal of the proceedings pendings immediately before such division before any magistrate or court having jurisdiction in respect of such area. vide delhi act 9 of , s. 2.

section 1. of the code of criminal procedure : 1 this act may be called the code of criminal procedure, . 2 it extends to the whole of india 1: provided that the provisions of this code, other than those relating to chapters viii, x and xi thereof, shall not apply a to the state of nagaland, b to the tribal areas, but the concerned state government may, by notification, apply such provisions or any of them to the whole or part of the state of nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. explanation. in this section, tribal areas means the territories which immediately before the 21st day of january, , were included in the tribal areas of assam, as referred to in paragraph 20 of the sixth schedule to the constitution, other than those within the local limits of the municipality of shillong. 3 it shall come into force on the 1st day of april, . state amendment haryana in the code of criminal procedure haryana amendment act, ,in section 1, after figures , the words as extended to the union territory of chandigarh shall be inserted vide notification no. gsr929e dated 16th december, . manipur in the code of criminal procedure manipur amendment act, manipur act no. 3 of , hereinafter referred to as the principal act, for the subsection 3 of section 1, the following shall be substituted, namely, 3 it shall come into force, on its publication in the official gazette, in such area of the state of manipur and shall remain in force during such period as the notification issued under section 3 of the armed forces special powers act, declaring that area to be a disturbed area shall be in operation, but its expiry under the operation of this subsection shall not affect a the previous operation of, or anything duly done or suffered under, this act, or b any right, privilege, obligation or liability acquired, accured or incurred under this act, or c any penalty, forfeiture or punishment incurred in respect of any offence under this act, or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, forfeiture or punishment may be imposed as if this act had not expired.. vide manipur act 10 of , s. 2 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 3. of the code of criminal procedure : 1 in this code, a any reference, without any qualifying words, to a magistrate, shall be construed, unless the context otherwise requires, i in relation to an area outside a metropolitan area, as a reference to a judicial magistrate ii in relation to a metropolitan area, as a reference to a metropolitan magistrate b any reference to a magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a judicial magistrate of the second class, and, in relation to a metropolitan area, as a reference to a metropolitan magistrate c any reference to a magistrate of the first class shall, i in relation to a metropolitan area, be construed as a reference to a metropolitan magistrate exercising jurisdiction in that area ii in relation to any other area, be construed as a reference to a judicial magistrate of the first class exercising jurisdiction in that area d any reference to the chief judicial magistrate shall, in relation to a metropolitan area, be construed as a reference to the chief metropolitan magistrate exercising jurisdiction in that area. 2 in this code, unless the context otherwise requires, any reference to the court of a judicial magistrate shall, in relation to a metropolitan area, be construed as a reference to the court of the metropolitan magistrate for that area. 3 unless the context otherwise requires, any reference in any enactment passed before the commencement of this code, a to a magistrate of the first class, shall be construed as a reference to a judicial magistrate of the first class b to a magistrate of the second class or of the third class, shall be construed as a reference to a judicial magistrate of the second class c to a presidency magistrate or chief presidency magistrate, shall be construed as a reference, respectively, to a metropolitan magistrate or the chief metropolitan magistrate d to any area which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the metropolitan magistrate exercising jurisdiction in such area. 4 where, under any law, other than this code, the function exercisable by a magistrate relate to matters, a which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, they shall, subject to the provisions of this code, be exercisable by a judicial magistrate or b which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive magistrate. state amendment andaman and nicobar islands u.t.. insertion of new section 3a. in the code, as it applies to the union territory of andaman and nicobar islands, after section 3, the following section shall be inserted, namely: 3a. special provision relating to andaman and nicobar islands. 1 reference in this code to a the chief judicial magistrate shall be construed as references to the district magistrate or, where the state government so directs, also to the additional district magistrate b a magistrate or magistrate of the first class or of the second class or judicial magistrate of the first class or of the second class, shall be construed as references to such executive magistrate as the state government may, be notification in the official gazette, specify. 2 the state government may, if it is of opinion that adequate number of persons are available for appointment as judicial magistrate, by notification in the official gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands. 3 on the cesser of operation of the provisions of this section, every inquiry or trial pending, immediately before such cesser, before the district magistrate or additional district magistrate or any executive magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such judicial magistrate as the state government may specify in this behalf.. vide andaman and nicobar islands u.t. act 1 of , s. 3

section 7. of the code of criminal procedure : 1 every state shall be a sessions division or shall consist of sessions divisions and every sessions divisions shall, for the purposes of this code, be a district or consist of districts: provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. 2 the state government may, after consultation with the high court, alter the limits or the number of such divisions and districts. 3 the state government may, after consultation with the high court, divide any district into subdivisions and may alter the limits or the number of such subdivisions. 4 the sessions divisions, districts and subdivisions existing in a state at the commencement of this code, shall be deemed to have been formed under this section.

section 2. of the code of criminal procedure : in this code, unless the context otherwise requires, a bailable offence means an offence which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force and nonbailable offence means any other offence b charge includes any head of charge when the charge contains more heads than one c cognizable offence means an offence for which, and cognizable case means a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant d complaint means any allegation made orally or in writing to a magistrate, with a view to his taking action under this code, that some person, whether known or unknown, has committed an offence, but does not include a police report. explanation.a report made by a police officer in a case which discloses, after investigation, the commission of a noncognizable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant e high court means, i in relation to any state, the high court for that state ii in relation to a union territory to which the jurisdiction of the high court for a state has been extended by law, that high court iii in relation to any other union territory, the highest court of criminal appeal for that territory other than the supreme court of india f india means the territories to which this code extends g inquiry means every inquiry, other than a trial, conducted under this code by a magistrate or court h investigation includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any person other than a magistrate who is authorised by a magistrate in this behalf i judicial proceeding includes any proceeding in the course of which evidence is or may be legally taken on oath j local jurisdiction, in relation to a court or magistrate, means the local area within which the court or magistrate may exercise all or any of its or his powers under this code 1and such local area may comprise the whole of the state, or any part of the state, as the state government may, by notification, specify k metropolitan area means the area declared, or deemed to be declared, under section 8, to be a metropolitan area l noncognizable offence means an offence for which, and noncognizable case means a case in which, a police officer has no authority to arrest without warrant m notification means a notification published in the official gazette n offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattletrespass act, 1 of o officer in charge of a police station, includes when the officer in charge of the police station is absent from the stationhouse or unable from illness or other cause to perform his duties, the police officer present at the stationhouse who is next in rank to such officer and is above the rank of constable or, when the state government so directs, any other police officer so present p place includes a house, building, tent, vehicle and vessel q pleader, when used with reference to any proceeding in any court, means a person authorised by or under any law for the time being in force, to practise in such court, and includes any other person appointed with the permission of the court to act in such proceeding r police report means a report forwarded by a police officer to a magistrate under subsection 2 of section 173 s police station means any post or place declared generally or specially by the state government, to be a police station, and includes any local area specified by the state government in this behalf t prescribed means prescribed by rules made under this code u public prosecutor means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor v subdivision means a subdivision of a district w summonscase means a case relating to an offence, and not being a warrantcase 2wa victim means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir x warrantcase means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years y words and expressions used herein and not defined but defined in the indian penal code 45 of have the meanings respectively assigned to them in that code. state amendment haryana in section 2, for the words state of haryana, the words union territory of chandigarh shall be substituted. vide notification no. gsr929e dated 16th december, . manipur in section 2 of the principal act, the clauses a and b shall be rearranged as follows, namely, a to such class or category of the members of the forces charged with the maintained of public order, or b to such class or category of other public servants not being persons to whom the provisions of subsection 1 apply charged with the maintenance of public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of that subsection shall apply as if for the expression central government occurring therein, the expression central government occurring therein, the expression state government were substituted.. vide manipur act 10 of , s. 3 1. ins. by act 45 of , s. 2 w.e.f. . 2. ins. by act 5 of , s. 2 w.e.f. .

section 9. of the code of criminal procedure : 1 the state government shall establish a court of session for every sessions division. 2 every court of session shall be presided over by a judge, to be appointed by the high court. 3 the high court may also appoint additional sessions judges and assistant session judges to exercise jurisdiction in a court of session. 4 the sessions judge of one sessions division may be appointed by the high court to be also an additional sessions judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the high court may direct. 5 where the office of the sessions judge is vacant, the high court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such court of session by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by a chief judicial magistrate, in the sessions division and every such judge or magistrate shall have jurisdiction to deal with any such application. 6 the court of session shall ordinarily hold its sitting at such place or places as the high court may, by notification, specify but, if, in any particular case, the court of session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. explanation.for the purposes of this code, appointment does not include the first appointment, posting or promotion of a person by the government to any service, or post in connection with the affairs of the union or of a state, where under any law, such appointment, posting or promotion is required to be made by government. state amendment west bengal. to subsection 3 of section 9 of the principal act, the following provisos shall be added: provided that notwithstanding anything to the contrary contained in this code, an additional sessions judge in a subdivision, other than the subdivision, by whatever name called, wherein the headquarters of the sessions judges are situated, exercising jurisdiction in a court of session, shall have all the powers of the sessions judge under this code, in respect of the cases and proceedings in the criminal courts in that subdivision, for the purposes of subsection 7 of session 116, sections 193 and 194, clause a of section 209 and sections 409, 439 and 449: provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an additional sessions judge or a sessions judge under this code.. vide west bengal act, 24 of , s. 3. orissa amendment of section 9.in section 9 of the code of criminal procedure, 2 of hereinafter referred to as the principal act, to subsection 3, the following provisions shall be added, namely: provided that notwithstanding anything to the contrary contained in this code, an additional sessions judge in a district or subdivision, other than the district or subdivision, by whatever name called, wherein the headquarters of the sessions judge are situated, exercising jurisdiction in a court of sessions shall have all the powers of the sessions judge under this code, in respect of the cases and the proceedings in the criminal courts in that district or subdivision for the purposes of subsection 7 of section 116, sections 193 and 194, clause a of section 209 and sections 409 and 449: provided further that the above powers shall be not be in derogation of the powers otherwise exercisable by an additional sessions judge or a sessions judge under this code. vide orissa act 6 of , s. 2 uttar pradesh amendment of section 9 of act 2 of .in section 9 of the code of criminal procedure, , hereinafter referred to as the said code, in subsection 6, the following proviso shall be inserted, namely : provided that the court of session may hold, or the high court may direct the court of session to hold, its sitting in any particular case at any place in the session division, where it appears expedient to do so for consideration of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary. vide uttar pradesh act 16 of , s. 2 uttarpradesh in section 9 of the code of criminal procedure, hereinafter referred to the said code, after subsection 5, the following subsection shall be inserted, namely 5a in the event of the death, resignation, removal or transfer of the sessions judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his court is held, the seniormost among the additional sessions judges, and the assistant sessions judges present at the place, and in their absence the chief judicial magistrate shall without relinquishing his ordinary duties, assume charge of the office of the sessions judge and continue in charge thereof until the officer is resumed by the sessions judge or assumed by an officer appointed thereto, and shall subject to the provision of this code and any rules made by the high court in this behalf, exercise any of the powers of the sessions judge. vide uttar pradesh act 1 of , s. 2

section 10. of the code of criminal procedure : 1 all assistant sessions judges shall be subordinate to the sessions judge in whose court they exercise jurisdiction. 2 the sessions judge may, from time to time, make rules consistent with this code, as to the distribution of business among such assistant sessions judges. 3 the sessions judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such judge or magistrate shall be deemed to have jurisdiction to deal with any such application.

section 4. of the code of criminal procedure : 1 all offences under the indian penal code 45 of shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. 2 all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. state amendment manipur in section 4 of the principal act, the clauses a and b shall be rearranged as follows, namely: a to such class or category of the members of the forces charged with the maintenance of public order, or b to such class or category of other public servants of the forces persons to whom the provisions of subsection 1 or subsection 2 apply charged with the maintenance or public order, as may be specified in the notification, wherever they may be serving, and thereupon the provisions of subsection 2 shall apply as if for the expression central government occurring therein, the expression, state government were substituted.. vide manipur act 10 of , s. 4

section 12. of the code of criminal procedure : 1 in every district not being a metropolitan area, the high court shall appoint a judicial magistrate of the first class to be the chief judicial magistrate. 2 the high court may appoint any judicial magistrate of the first class to be an additional chief judicial magistrate, and such magistrate shall have all or any of the powers of a chief judicial magistrate under this code or under any other law for the time being in force as the high court may direct. 3 a the high court may designate any judicial magistrate of the first class in any subdivision as the subdivisional judicial magistrate and relieve him of the responsibilities specified in this section as occasion requires. b subject to the general control of the chief judicial magistrate, every subdivisional judicial magistrate shall also have and exercise, such powers of supervision and control over the work of the judicial magistrates other than additional chief judicial magistrates in the subdivision as the high court may, by general or special order, specify in this behalf. state amendment uttar pradesh in section 12 of the said code, after subsection 3, the following subsection shall be inserted, namely 4 where the office of the chief judicial magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the seniormost among the additional chief judicial magistrate and other judicial magistrate present at the place, and in their absence the district magistrates present at the place, and in their absence the district magistrate and in his absence the seniormost executive magistrate shall dispose of the urgent work of the chief judicial magistrate. vide uttar pradesh act 1 of , s. 3

section 6. of the code of criminal procedure : besides the high courts and the courts constituted under any law, other than this code, there shall be, in every state, the following classes of criminal courts, namely: i courts of session ii judicial magistrates of the first class and, in any metropolitan area, metropolitan magistrates iii judicial magistrates of the second class and iv executive magistrates.

section 11. of the code of criminal procedure : 1 in every district not being a metropolitan area there shall be established as many courts of judicial magistrates of the first class and of the second class, and at such places, as the state government may, after consultation with the high court, by notification, specify: 1provided that the state government may, after consultation with the high court, establish, for any local area, one or more special courts of judicial magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such special court is established, no other court of magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such special court of judicial magistrate has been established. 2 the presiding officers of such courts shall be appointed by the high court. 3 the high court may, whenever it appears to it to be expedient or necessary, confer the powers of a judicial magistrate of the first class or of the second class on any member of the judicial service of the state, functioning as a judge in a civil court. state amendments andaman and nicobar islands u.t.. union territories of andaman and nicobar islands, dadra and nagar haveli and lakshadweep in the code, as it applies to the union territories to which this regulation extends, in subsection 3 of section 11, for the words any member of the judicial service of the state functioning as a judge in a civil court, the words any person discharging the functions of a civil court, shall be substituted. vide andaman and nicobar islands u.t.. act 1 of , s. 4. uttar pradesh amendment of section 11. in section 11 of the said code, after subsection 1 the following subsection shall be inserted and be deemed always to have been inserted, namely : 1a the state government may likewise establish as many courts of judicial magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases or in regard to cases, generally, in any local area. vide uttar pradesh act 16 of , s. 3 bihar amendment of section 11. after subsection 3 of section 11 of the code of criminal procedure, 2 of hereinafter referred to as the said code the following subsection shall be inserted and shall be deemed always to have been inserted, namely: 4 the state government may likewise establish for any local area one or more courts of judicial magistrate of the first class or second class to try any particular cases or particular class or categories of cases. vide bihar act 8 of , s. 2 1. added by act 45 of , s. 3 w.e.f. .

section 5. of the code of criminal procedure : nothing contained in this code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. state amendment manipur in section 5 of the principal act, i in between the figures and commas 396, and 399, , the figures and comma 397, shall be inserted ii in between the words or and session, the words the court of shall be inserted. vide manipur 10 of , s. 5

section 13. of the code of criminal procedure : 1 the high court may, if requested by the central or state government so to do, confer upon any person who holds or has held any post under the government, all or any of the powers conferred or conferrable by or under this code on a judicial magistrate 1 of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area: provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the high court may, by rules, specify. 2 such magistrates shall be called special judicial magistrates and shall be appointed for such term, not exceeding one year at a time, as the high court may, by general or special order, direct. 23 the high court may empower a special judicial magistrate to exercise the powers of a metropolitan magistrate in relation to any metropolitan area outside his local jurisdiction. state amendments assam for section 13 of the code, the following shall be substituted, namely: 13.1 the state government may appoint as may persons as it thinks fit to be sub divisional magistrates in any district in the state of assam. 2 the state government, or subject to the control of the state government, the district magistrate may place one or more subdivisional magistrates in charge of a subdivision. vide assam act 13 of , s. 2. himachal pradesh amendment of section 13. in subsection 1 of section 13 of the code of criminal procedure, 2 of in its application to the state of himachal pradesh for the words in any district the words in any local area shall be substituted. vide himachal pradesh act 40 of , s. 2. andhra pradesh and telangana. amendment of section 13, act 2 of .in the code of criminal procedure, hereinafter referred to as the principal act in section 13, in subsection 2 for the words not exceeding one year at a time the words not exceeding two years at a time shall be substituted and to the said subsection the following proviso, shall be added, namely: provided that any person who is holding the office of special judicial magistrate at the commencement of the code of criminal procedure andhra pradesh amendment act, and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment. vide andhra pradesh act 2 of , s. 2. uttar pradesh amendment of section 13.in section 13 of said code, for the words secondclass the words first or secondclass shall be substituted and for the words in any district, the words in any local area shall be substituted. vide uttara pradesh act 16 of , s. 4 bihar amendment of section 13. in section 13 of the said code for the word in any district the words in any local area shall be substituted and shall be deemed to have been always substituted. vide bihar act 8 of , s. 3 1. subs. act 45 of , s. 4, for certain words w.e.f. . 2. ins. by s. 4, ibid. w.e.f. .

section 14. of the code of criminal procedure : 1 subject to the control of the high court, the chief judicial magistrate may, from time to time, define the local limits of the areas within which the magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this code: 1provided that the court of special judicial magistrate may hold its sitting at any place within the local area for which it is established. 2 except as otherwise provided by such definition, the jurisdiction and powers of every such magistrate shall extend throughout the district. 23 where the local jurisdiction of a magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds court, any reference in this code to the court of session, chief judicial magistrate or the chief metropolitan magistrate shall, in relation to such magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the court of session, chief judicial magistrate, or chief metropolitan magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area. state amendment maharashtra insertion of section 14a in act 2 of .after section 14 of the code of criminal procedure, 2 of , in its application to the state of maharashtra hereinafter referred to as the said code, the following section shall be inserted, namely: 14a. investing judicial magistrates with jurisdiction in specified cases or local area.the high court may invest any judicial magistrate with all or any of the powers conferred or conferrable by or under this code upon a judicial magistrate in respect to particular cases or to a particular class or classes of cases or in regard to cases generally in any local area consisting of all or any of the districts specified by it in this behalf. vide maharashtra act 23 of , s. 2 1. added by s. 5, ibid. w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 15. of the code of criminal procedure : 1 every chief judicial magistrate shall be subordinate to the sessions judge and every other judicial magistrate shall, subject to the general control of the sessions judge, be subordinate to the chief judicial magistrate. 2 the chief judicial magistrate may, from time to time, make rules or give special orders, consistent with this code, as to the distribution of business among the judicial magistrates subordinate to him. state amendment bihar amendment of section 15.after subsection 2 of section 15 of the said code the following subsection shall be substituted and shall be deemed always to have been substituted, namely: 3 any judicial magistrate exercising powers over any local area extending beyond the district in which he holds his court shall be subordinate to the chief judicial magistrate of the said district and reference in the code to the sessions judge shall be deemed to be reference to the sessions judge of that district where he holds his court. vide bihar act 8 of , s. 4

section 21. of the code of criminal procedure : the state government may appoint, for such term as it may think fit, executive magistrates, to be known as special executive magistrates, for particular areas or for the performance of particular functions and confer on such special executive magistrates such of the powers as are conferrable under this code on executive magistrates, as it may deem fit. state amendment. uttar pradesh. amendment of section 21. in section 21 of the said code, in subsection 2 the following proviso shall be inserted and deemed always to have been inserted, namely :. provided that nothing in this subsection shall be construed to prohibit the state government from exercising its control over assistant public prosecutor through police officers.. vide the uttar pradesh act 16 of , s. 5.

section 16. of the code of criminal procedure : 1 in every metropolitan area, there shall be established as many courts of metropolitan magistrates, and at such places, as the state government may, after consultation with the high court, by notification, specify. 2 the presiding officers of such courts shall be appointed by the high court. 3 the jurisdiction and powers of every metropolitan magistrate shall extend throughout the metropolitan area. state amendment uttar pradesh in section 16 of the said code, after subsection 3, the following subsection shall be inserted, namely : 4 where the office of the chief metropolitan magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the seniormost among the additional chief metropolitan magistrate and other metropolitan magistrate present at the place, shall dispose of the urgent work of the chief metropolitan magistrate. vide uttar pradesh act 1 of , s. 4

section 17. of the code of criminal procedure : 1 the high court shall, in relation to every metropolitan area within its local jurisdiction, appoint a metropolitan magistrate to be the chief metropolitan magistrate for such metropolitan area. 2 the high court may appoint any metropolitan magistrate to be an additional chief metropolitan magistrate, and such magistrate shall have all or any of the powers of a chief metropolitan magistrate under this code or under any other law for the time being in force as the high court may direct.

section 22. of the code of criminal procedure : 1 subject to the control of the state government, the district magistrate may, from time to time, define the local limits of the areas within which the executive magistrates may exercise all or any of the powers with which they may be invested under this code. 2 except as otherwise provided by such definition, the jurisdiction and powers of every such magistrate shall extend throughout the district.

section 23. of the code of criminal procedure : 1 all executive magistrates, other than the additional district magistrate, shall be subordinate to the district magistrate, and every executive magistrate other than the subdivisional magistrate exercising powers in a subdivision shall also be subordinate to the subdivisional magistrate, subject, however, to the general control of the district magistrate. 2 the district magistrate may, from time to time, make rules or give special orders, consistent with this code, as to the distribution of business among the executive magistrates subordinate to him and as to the allocation of business to an additional district magistrate.

section 18. of the code of criminal procedure : 1 the high court may, if requested by the central or state government so to do, confer upon any person who holds or has held any post under the government, all or any of the powers conferred or conferrable by or under this code on a metropolitan magistrate, in respect to particular cases or to particular classes of cases 1 , in any metropolitan area within its local jurisdiction: provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the high court may, by rules, specify. 2 such magistrates shall be called special metropolitan magistrates and shall be appointed for such term, not exceeding one year at a time, as the high court may, by general or special order, direct. 23 the high court or the state government, as the case may be, may empower any special metropolitan magistrate to exercise, in any local area outside the metropolitan area, the powers of a judicial magistrate of the first class. state amendment andhra pradesh and telangana. amendment of section 18. in section 18 of the principal act, in subsection 2 for the words not exceeding one year at a time, the words not exceeding two year at a time, the words not exceeding two years at a time shall be substituted and to the said subsection the following proviso shall be added, namely: provided that a person who is holding the office of special metropolitan magistrate at the commencement of the code of criminal procedure andhra pradesh amendment act, , and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment. vide the andhra pradesh act 2 of , s. 3 maharashtra amendment of section 18 of act 2 of .in section 18 of the said code, in subsection 1, for the words in any metropolitan area the words in one or more metropolitan areas shall be substituted. vide maharashtra act 23 of , s. 3 1. the words or to cases generally omitted by act 45 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for subsection 3 w.e.f. .

section 19. of the code of criminal procedure : 1 the chief metropolitan magistrate and every additional chief metropolitan magistrate shall be subordinate to the sessions judge and every other metropolitan magistrate shall, subject to the general control of the sessions judge, be subordinate to the chief metropolitan magistrate. 2 the high court may, for the purposes of this code, define the extent of the subordination, if any, of the additional chief metropolitan magistrates to the chief metropolitan magistrate. 3 the chief metropolitan magistrate may, from time to time, make rules or give special orders, consistent with this code, as to the distribution of business among the metropolitan magistrates and as to the allocation of business to an additional chief metropolitan magistrate.

section 20. of the code of criminal procedure : 1 in every district and in every metropolitan area, the state government may appoint as many persons as it thinks fit to be executive magistrates and shall appoint one of them to be the district magistrate. 2 the state government may appoint any executive magistrate to be an additional district magistrate, and such magistrate shall have 1such of the powers of a district magistrate under this code or under any other law for the time being in force 2as may be directed by the state government. 3 whenever, in consequence of the office of a district magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the state government, exercise all the powers and perform all the duties respectively conferred and imposed by this code on the district magistrate. 4 the state government may place an executive magistrate in charge of a subdivision and may relieve him of the charge as occasion requires and the magistrate so placed in charge of a subdivision shall be called the subdivisional magistrate. 34a the state government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under subsection 4 to the district magistrate. 5 nothing in this section shall preclude the state government from conferring, under any law for the time being in force, on a commissioner of police, all or any of the powers of an executive magistrate in relation to a metropolitan area. state amendment uttar pradesh in section 20 of the said code, after subsection 5, the following subsection shall be inserted, namely : 6 the state government may delegate its powers under subsection 4 to the district magistrate. vide uttar pradesh act 1 of , s. 5 1. subs. by s. 7, ibid., for all or any w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. ins. by act 25 of , s. 2 w.e.f. .

section 24. of the code of criminal procedure : 124. public prosecutors. 1 for every high court, the central government or the state government shall, after consultation with the high court, appoint a public prosecutor and may also appoint one or more additional public prosecutors, for conducting in such court, any prosecution, appeal or other proceeding on behalf of the central government or state government, as the case may be. 2 the central government may appoint one or more public prosecutors for the purpose of conducting any case or class of cases in any district or local area. 3 for every district, the state government shall appoint a public prosecutor and may also appoint one or more additional public prosecutors for the district: provided that the public prosecutor or additional public prosecutor appointed for one district may be appointed also to be a public prosecutor or an additional public prosecutor, as the case may be, for another district. 4 the district magistrate shall, in consultation with the sessions judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as public prosecutors or additional public prosecutors for the district. 5 no person shall be appointed by the state government as the public prosecutor or additional public prosecutor for the district unless his name appears in the panel of names prepared by the district magistrate under subsection 4. 6 notwithstanding anything contained in subsection 5, where in a state there exists a regular cadre of prosecuting officers, the state government shall appoint a public prosecutor or an additional public prosecutor only from among the persons constituting such cadre: provided that where, in the opinion of the state government, no suitable person is available in such cadre for such appointment that government may appoint a person as public prosecutor or additional public prosecutor, as the case may be, from the panel of names prepared by the district magistrate under subsection 4. 2explanation.for the purposes of this subsection, a regular cadre of prosecuting officers means a cadre of prosecuting officers which includes therein the post of a public prosecutor, by whatever name called, and which provides for promotion of assistant public prosecutors, by whatever name called, to that post b prosecuting officer means a person, by whatever name called, appointed to perform the functions of a public prosecutor, an additional public prosecutor or an assistant public prosecutor under this code. 7 a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor under subsection 1 or subsection 2 or subsection 3 or subsection 6, only if he has been in practice as an advocate for not less than seven years. 8 the central government or the state government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a special public prosecutor: 3provided that the court may permit the victim to engage an advocate of his choice to assist the prosecution under this subsection. 9 for the purposes of subsection 7 and subsection 8, the period during which a person has been in practice as a pleader, or has rendered whether before or after the commencement of this code service as a public prosecutor or as an additional public prosecutor or assistant public prosecutor or other prosecuting officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate. state amendments karnataka amendment of section 24. in section 24 of the code of criminal procedure, central act 2 of hereinafter referred to as the principal act in subsection 1, i the words and punctuation mark or the state government shall, shall be omitted and ii for the words appoint a public prosecutor the words or the state government shall appoint a public prosecutor shall be substituted. vide karnataka act 20 of , s. 2. maharashtra amendment of section 24. in section 24 of the code of criminal procedure, , 2 of in its application to the state of maharashtra: a in subsection 6, the proviso shall be deleted b after subsection 6, the following subsection shall be inserted, namely: 6a notwithstanding anything contained in subsection 6, the state government may, subject to the provisions of subsections 4 and 5, appoint a person who has been in practice as an advocate for not less than seven years, as the public prosecutor or additional public prosecutor for the district.. vide maharashtra act 33 of , s. 2. maharashtra amendment of section 24 of act ii of .in section 24 of the code of criminal procedure, 2 of , in its application to the state of maharashtra, a in subsection 1, the words , after consultation with the high court, shall be deleted b in subsection 4, for the words in consultation with the sessions judge, the words with the approval of the state government, shall be substituted. vide maharashtra act 34 of , s. 2 madhya pradesh amendment of section 24.in section 24 of the principal act. i in subsection 6, for the words, brackets and figure notwithstanding anything contained in subsection 5, the words, brackets, letter and figures notwithstanding anything contained in subsection 5, but subject to the provisions of subsection 6a shall be substituted and shall be deemed to have been substituted with effect from 18th december, ii after subsection 6, the following subsection shall be inserted and shall be deemed to have been inserted with effect from 18th december, , namely: 6a notwithstanding anything contained in subsection 6, the state government may appoint a person who has been in practice as an advocate for not less than seven years as the public prosecutor or additional public prosecutor for the district and it shall not be necessary to appoint the public prosecutor or additional public prosecutor for the district from among the person constituting the cadre of prosecuting officers in the state of madhya pradesh and the provisions of subsections 4 and 5 shall apply to the appointment of a public prosecutor additional public prosecutor under this subsection iii in subsection 7, after the words, bracket and figure subsection 6, the words, brackets, figure and letter or subsection 6a shall be inserted and shall be deemed to have been inserted with effect from 18th december, and iv in subsection 9, for the words, brackets and figure, subsection 7, the words, brackets, figures and letter subsection 6a and subsection 7 shall be substituted and shall be deemed to have been substituted with effect from 18th december, . vide madhya pradesh act 21 of , s. 3. west bengal in subsection 6 of section 24 of the principal act, for the words shall appoint a public prosecutor or an additional public prosecutor only, the words may also appoint a public prosecutor or an additional public prosecutor shall be substituted. vide west bengal act 26 of , s. 3. west bengal in subsection 6 of section 24 of the principal act, the proviso shall be omitted. vide west bengal act 25 of , s. 3. state amendment jammu and kashmir and ladakh uts. section 24. after subsection 6, insert the following subsection, namely: 6a.notwithstanding anything contained in subsection 1 and subsection 6, the government of the union territory of jammu and kashmir may appoint a person who has been in practice as an advocate for not less than seven years as public prosecutor or additional public prosecutor for high court and for the district courts and it shall not be necessary to appoint public prosecutor or additional public prosecutor for the high court in consultation with high court and public prosecutor or additional public prosecutor for the district court from amongst the person constituting the cadre of prosecution for the state of jammu and kashmir. vide the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . jammu and kashmir and ladakh uts. section 24.in subsection 7, for subsection 6, substitute subsection 6 or subsection 6a vide order no. e dated 26th october, , the union territory of jammu and kashmir reorganisation adaptation of central laws third order, w.e.f. . uttar pradesh in section 24 of the code of criminal procedure, a in subsection 1, after words public prosecutor the words and one or more additional public prosecutors shall be inserted and be deemed always to have been inserted : b after subsection 6, the following subsection shall be inserted and be deemed always to have been inserted, namely : 7 for the purposes of subsection 5 and 6, the period during which a person has been in practice as a pleader, or has rendered service as a public prosecutor, additional public prosecutor or assistant public prosecutor shall be deemed to be the period during which such person has been in practice as an advocate. vide uttar pradesh act 33 of , s. 2 uttar pradesh in section 24 of the code of criminal procedure, , hereinafter referred to as said code : a in subsection 1, the words after consultation with the high court, shall be omitted b subsection 4, 5 and 6 shall be omitted. c in subsection 7, the words or subsection 6 shall be omitted. vide uttar pradesh act 18 of , s. 2 bihar 2. amendment of section 24 of the code of criminal procedure, act ii of in its application to the state of bihar.for subsection 6 of section 24 of the code of criminal procedure, act ii of the following subsection shall be substituted and shall always be deemed to have been substituted namely: 6 notwithstanding anything contained in subsection 5 wherein a state there exists a regular cadre of prosecuting officers, the state government may also appoint a public prosecutor or an additional public prosecutor from among the persons constituting such cadre. vide bihar act 16 of , s. 2 1. subs. by act 45 of , s. 8, for s. 24 w.e.f. . 2. ins. by act 25 of , s. 3 w.e.f. . 3. ins. by act 5 of , s. 3 w.e.f. .

section 25. of the code of criminal procedure : 1 the state government shall appoint in every district one or more assistant public prosecutors for conducting prosecutions in the courts of magistrates. 11a the central government may appoint one or more assistant public prosecutors for the purpose of conducting any case or class of cases in the courts of magistrates. 2 save as otherwise provided in subsection 3, no police officer shall be eligible to be appointed as an assistant public prosecutor. 3 where no assistant public prosecutor is available for the purposes of any particular case, the district magistrate may appoint any other person to be the assistant public prosecutor in charge of that case: provided that a police officer shall not be so appointed a if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted or b if he is below the rank of inspector. state amendment orissa amendment of section 25.in section 25 of the code of criminal procedure, 2 of hereinafter referred to as the said code, to subsection 2, the following proviso shall be inserted, namely: provided that nothing in this subsection shall be construed, to prohibit the state government from exercising its control over assistant public prosecutors through police officers. vide orissa act 6 of , s. 2 1. ins. by act 45 of , s. 9 w.e.f. .

section 30. of the code of criminal procedure : 1 the court of a magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: provided that the term a is not in excess of the powers of the magistrate under section 29 b shall not, where imprisonment has been awarded as part of the substantive sentence, exceed onefourth of the term of imprisonment which the magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 2 the imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the magistrate under section 29.

section 25a. of the code of criminal procedure : 125a. directorate of prosecution. 1 the state government may establish a directorate of prosecution consisting of a director of prosecution and as many deputy directors of prosecution as it thinks fit. 2 a person shall be eligible to be appointed as a director of prosecution or a deputy director of prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the chief justice of the high court. 3 the head of the directorate of prosecution shall be the director of prosecution, who shall function under the administrative control of the head of the home department in the state. 4 every deputy director of prosecution shall be subordinate to the director of prosecution. 5 every public prosecutor, additional public prosecutor and special public prosecutor appointed by the state government under subsection 1, or as the case may be, subsection 8, of section 24 to conduct cases in the high court shall be subordinate to the director of prosecution. 6 every public prosecutor, additional public prosecutor and special public prosecutor appointed by the state government under subsection 3, or as the case may be, subsection 8, of section 24 to conduct cases in district courts and every assistant public prosecutor appointed under subsection 1 of section 25 shall be subordinate to the deputy director of prosecution. 7 the powers and functions of the director of prosecution and the deputy directors of prosecution and the areas for which each of the deputy directors of prosecution have been appointed shall be such as the state government may, by notification, specify. 8 the provisions of this section shall not apply to the advocate general for the state while performing the functions of a public prosecutor. state amendment karnataka in section 25a of the code of criminal procedure, central act no. 2 of , a for subsection 2, the following shall be substituted, namely: 2 the post of director of prosecution and government litigations, or a deputy director of prosecution and other cadres shall be filled in accordance with the cadre and recruitment rules framed under the karnataka state civil services act, karnataka act 14 of . b for subsection 5, the following shall be substituted, namely: 5 every public prosecutor, additional public prosecutor appointed by the state government from the cadre of prosecutors recruited under the recruitment rules framed by the government under the karnataka state civil services act, shall be subordinate to the director of prosecution and government litigations and every public prosecutor, additional prosecutor and special prosecutor appointed under subsection 8 of section 24 shall be subordinate to the advocate general. c in subsection 6, for the words deputy director of prosecution, the words director of prosecution shall be substituted. vide karnataka act 39 of , s. 2 madhya pradesh substitution of section 25a.for section 25a of the principal act, the following section shall be substituted, namely: 25a. directorate of prosecution.1 the state government may establish a directorate of prosecution consisting of a director of prosecution and as many additional directors of prosecution, joint directors of prosecution, deputy directors of prosecution and assistant directors of prosecution and such other posts as it thinks fit. 2 the post of director of prosecution, additional directors of prosecution, joint directors of prosecution, deputy directors of prosecution and assistant directors of prosecution and other post shall be filled in accordance with the madhya pradesh public prosecution gazetted service recruitment rules, , as amended from time to time. 3 the head of the directorate of prosecution shall be the director of prosecution, who shall function under the administrative control of the head of the home department in the state. 4 every additional director of prosecution, joint director of prosecution, deputy director of prosecution and assistant director of prosecution and other posts specified in subsection 2 shall be subordinate to the director of prosecution. 5 every public prosecutor and additional public prosecutor appointed under the madhya pradesh public prosecution gazetted service recruitment rules, , shall be subordinate to the director of prosecution and every public prosecutor and additional public prosecutor appointed under subsection 1 of section 24 and every special public prosecutor appointed under subsection 8 of section 24 to conduct cases in the high court shall be subordinate to the advocate general. 6 every public prosecutor and additional public prosecutor appointed under subsection 3 of section 24 and every special public prosecutor appointed under subsection 8 of section 24 to conduct cases in district courts shall be subordinate to the district magistrate. 7 the powers and functions of the director of prosecution shall be such as the state government may, by notification, specify.. vide madhya pradesh act 18 of , s. 3. state amendment jammu and kashmir and ladakh uts. section 25a.i for subsections 1 and 2, substitute 1 the government of the union territory of jammu and kashmir shall establish a directorate of prosecution consisting of a director general of prosecution and such other officers, as may be provided in rules to be framed by the said government and 2 the post of director general of prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said government. ii in subsection 3, substitute director of prosecution with director general of prosecution iii for subsection 4, substitute 4 subject to the control of the director general of prosecution, the deputy director shall be subordinate to and under the control of a joint director. iv substitute subsection 5, every public prosecutor, additional public prosecutor and special public prosecutor appointed by the government of the union territory of jammu and kashmir under subsection 1, or the case may be under subsection 8 of section 24 to conduct cases in the high court shall be subordinate to the advocate general. v for subsection 7, substitute 7 the powers and functions of the director general of prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules. vi omit subsection 8. vide the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . jammu and kashmir and ladakh uts. section 25a.in subsection 4, for joint director, substitute director prosecution. vide order no. e dated 26th october, , the union territory of jammu and kashmir reorganisation adaptation of central laws third order, w.e.f. . 1. ins. by act 25 of , s. 4 w.e.f. .

section 26. of the code of criminal procedure : subject to the other provisions of this code, a any offence under the indian penal code 45 of may be tried by i the high court, or ii the court of session, or iii any other court by which such offence is shown in the first schedule to be triable: 1provided that any 2offence under section 376, 3section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, 376db or section 376e of the indian penal code 45 of shall be tried as far as practicable by a court presided over by a woman. b any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court and when no court is so mentioned, may be tried by i the high court, or ii any other court by which such offence is shown in the first schedule to be triable. state amendment arunachal pradesh. amendment of section 26.in the code of criminal procedure, hereafter referred to as the principal act, in section 26, in the proviso to clause a, for the words figures and letters offence under section 376, section 376a, section 376b, section 376c, section 376d or section 376e of the indian penal code the words, figures and letters offence under section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, 376da of section 376e of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 11 uttar pradesh in section 26 of the said code, for clause b, the following clause shall be substituted, namely : b any offence under any other law may be tried : i when any court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and ii when no court is so mentioned, by any court by which such offence is shown in the first schedule to be tribal, or by any court superior in rank to such court. vide uttar pradesh act 1 of , s. 6 1. ins. by act 5 of , s. 4 w.e.f. . 2. subs. by act 13 of , s. 11, for offence under section 376 and sections 376a to 376d of the indian penal code 45 of w.e.f. . 3. subs. by act 22 of , s. 10, for section 376a, section 376b, section 376c, section 376d w.e.f. .

section 31. of the code of criminal procedure : 1 when a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the indian penal code 45 of , sentence him for such offences, to the several punishments prescribed therefor which such court is competent to inflict such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently. 2 in the case of consecutive sentences, it shall not be necessary for the court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court: provided that a in no case shall such person be sentenced to imprisonment for a longer period than fourteen years b the aggregate punishment shall not exceed twice the amount of punishment which the court is competent to inflict for a single offence. 3 for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

section 27. of the code of criminal procedure : any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of a chief judicial magistrate, or by any court specially empowered under the children act, 60 of , or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

section 28. of the code of criminal procedure : 1 a high court may pass any sentence authorised by law. 2 a sessions judge or additional sessions judge may pass any sentence authorised by law but any sentence of death passed by any such judge shall be subject to confirmation by the high court. 3 an assistant sessions judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

section 29. of the code of criminal procedure : 1 the court of a chief judicial magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 2 the court of a magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding 1ten thousand rupees, or of both. 3 the court of magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2five thousand rupees, or of both. 4 the court of a chief metropolitan magistrate shall have the powers of the court of a chief judicial magistrate and that of a metropolitan magistrate, the powers of the court of a magistrate of the first class. state amendments manipur in section 29 of the code, after subsection 2, the following subsection shall be added, namely 2a the court of a specified executive magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.. vide manipur act 3 of , s. 42 and the schedule maharashtra amendment of section 29 of act 2 of .in section 29 of the code of criminal procedure, 2 of , in its application to the state of maharashtra, a in subsection 2, for the words ten thousand rupees the words fifty thousand rupees shall be substituted b in subsection 3, for the words five thousand rupees the words ten thousand rupees shall be substituted. vide maharashtra act 27 of , s. 2 arunachal pradesh amendment of section 29.in section 29 of the principal act i in subsection 2, for the words ten thousand rupees the words one lakh rupees shall be substituted. i in subsection 3, for the words five thousand rupees, the words twenty five thousand rupees shall be substituted. vide arunachal pradesh act 3 of , s. 12 1. subs. by act 25 of , s. 5, for five thousand rupees w.e.f. . 2. subs. by s. 5, ibid., for one thousand rupees w.e.f.

section 34. of the code of criminal procedure : 1 the high court or the state government, as the case may be, may withdraw all or any of the powers conferred by it under this code on any person or by any officer subordinate to it. 2 any powers conferred by the chief judicial magistrate or by the district magistrate may be withdrawn by the respective magistrate by whom such powers were conferred.

section 37. of the code of criminal procedure : every person is bound to assist a magistrate or police officer reasonably demanding his aid a in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest or b in the prevention or suppression of a breach of the peace or c in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

section 32. of the code of criminal procedure : 1 in conferring powers under this code, the high court or the state government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles. 2 every such order shall take effect from the date on which it is communicated to the person so empowered.

section 40. of the code of criminal procedure : 1 every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting a the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village b the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender c the commission of, or intention to commit, in or near such village any nonbailable offence or any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the indian penal code 45 of d the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a nonbailable offence has been committed in respect of such person e the commission of, or intention to commit, at any place out of india near such village any act which, if committed in india, would be an offence punishable under any of the following sections of the indian penal code 45 of , namely, 231 to 238 both inclusive, 302, 304, 382, 392 to 399 both inclusive, 402, 435, 436, 449, 450, 457 to 460 both inclusive, 489a, 489b, 489c and 489d f any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the district magistrate, by general or special order made with the previous sanction of the state government, has directed him to communicate information. 2 in this section, i village includes villagelands ii the expression proclaimed offender includes any person proclaimed as an offender by any court or authority in any territory in india to which this code does not extend, in respect of any act which if committed in the territories to which this code extends, would be an offence punishable under any of the following sections of the indian penal code 45 of , namely, 302, 304, 382, 392 to 399 both inclusive, 402, 435, 436, 449, 450 and 457 to 460 both inclusive iii the words officer employed in connection with the affairs of the village means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

section 33. of the code of criminal procedure : whenever any person holding an office in the service of government who has been invested by the high court or the state government with any powers under this code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same state government, he shall, unless the high court or the state government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

section 35. of the code of criminal procedure : 1 subject to the other provisions of this code, the powers and duties of a judge or magistrate may be exercised or performed by his successorinoffice. 2 when there is any doubt as to who is the successorinoffice of any additional or assistant sessions judge, the sessions judge shall determine by order in writing the judge who shall, for the purposes of this code or of any proceedings or order thereunder, be deemed to be the successorinoffice of such additional or assistant sessions judge. 3 when there is any doubt as to who is the successorinoffice of any magistrate, the chief judicial magistrate, or the district magistrate, as the case may be, shall determine by order in writing the magistrate who shall, for the purpose of this code or of any proceedings or order thereunder, be deemed to be the successorinoffice of such magistrate.

section 36. of the code of criminal procedure : police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

section 41a. of the code of criminal procedure : show related subordinates 141a. notice of appearance before police officer. 1 2the police officer shall, in all cases where the arrest of a person is not required under the provisions of subsection 1 of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. 2 where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 3 where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 34 where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice. 1. ins. by s. 6, ibid. w.e.f. . 2. subs. by act 41 of , s. 3, for the police officer may w.e.f. . 3. subs. by s. 3, ibid. w.e.f. .

section 38. of the code of criminal procedure : when a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

section 41. of the code of criminal procedure : show related subordinates 1 any police officer may without an order from a magistrate and without a warrant, arrest any person 1a who commits, in the presence of a police officer, a cognizable offence b against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely: i the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence ii the police officer is satisfied that such arrest is necessary a to prevent such person from committing any further offence or b for proper investigation of the offence or c to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner or d to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer or e as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: 2provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this subsection, record the reasons in writing for not making the arrest. ba against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence c who has been proclaimed as an offender either under this code or by order of the state government or d in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing or e who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody or f who is reasonably suspected of being a deserter from any of the armed forces of the union or g who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in india or h who, being a released convict, commits a breach of any rule made under subsection 5 of section 356 or i for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. 32 subject to the provisions of section 42, no person concerned in a noncognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a magistrate. 1. subs. by act 5 of , s. 5, for cls. a and b w.e.f. . 2. ins. by act 41 of , s. 2 w.e.f. . 3. subs. by act 5 of , s. 5, for subsection 2 w.e.f. .

section 39. of the code of criminal procedure : 1 every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the indian penal code 45 of , namely: i sections 121 to 126, both inclusive, and section 130 that is to say, offences against the state specified in chapter vi of the said code ii sections 143, 144, 145, 147 and 148 that is to say, offences against the public tranquillity specified in chapter viii of the said code iii sections 161 to 165a, both inclusive that is to say, offences relating to illegal gratification iv sections 272 to 278, both inclusive that is to say, offences relating to adulteration of food and drugs, etc. v sections 302, 303 and 304 that is to say, offences affecting life 1va section 364a that is to say, offence relating to kidnapping for ransom, etc. vi section 382 that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft vii sections 392 to 399, both inclusive, and section 402 that is to say, offences of robbery and dacoity viii section 409 that is to say, offence relating to criminal breach of trust by public servant, etc. ix sections 431 and 439, both inclusive that is to say, offences of mischief against property x sections 449 and 450 that is to say, offence of house trespass xi sections 456 to 460, both inclusive that is to say, offences of lurking house trespass and xii sections 489a to 489e, both inclusive that is to say, offences relating to currency notes and bank notes, shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest magistrate or police officer of such commission or intention. 2 for the purposes of this section, the term offence includes any act committed at any place out of india which would constitute an offence if committed in india. 1. ins. by act 42 of , s. 3 w.e.f. .

section 41b. of the code of criminal procedure : every police officer while making an arrest shall a bear an accurate, visible and clear identification of his name which will facilitate easy identification b prepare a memorandum of arrest which shall be i attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made ii countersigned by the person arrested and c inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

section 41c. of the code of criminal procedure : 1 the state government shall establish a police control room a in every district and b at state level. 2 the state government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests. 3 the control room at the police headquarters at the state level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.

section 41d. of the code of criminal procedure : when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

section 42. of the code of criminal procedure : 1 when any person who, in the presence of a police officer, has committed or has been accused of committing a noncognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. 2 when the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a magistrate if so required: provided that, if such person is not resident in india, the bond shall be secured by a surety or sureties resident in india. 3 should the true name and residence of such person not be ascertained within twentyfour hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest magistrate having jurisdiction.

section 43. of the code of criminal procedure : 1 any private person may arrest or cause to be arrested any person who in his presence commits a nonbailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. 2 if there is reason to believe that such person comes under the provisions of section 41, a police officer shall rearrest him. 3 if there is reason to believe that he has committed a noncognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42 but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

section 48. of the code of criminal procedure : show related subordinates a police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in india.

section 49. of the code of criminal procedure : show related subordinates the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

section 46. of the code of criminal procedure : show related subordinates 1 in making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: 1provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest. 2 if such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. 3 nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 24 save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the judicial magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made. 1. ins. by act 5 of , s.7 w.e.f. . 2. ins. by act 25 of , s. 6 w.e.f. .

section 50. of the code of criminal procedure : 1 every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. 2 where a police officer arrests without warrant any person other than a person accused of a nonbailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

section 45. of the code of criminal procedure : 1 notwithstanding anything contained in sections 41 to 44 both inclusive, no member of the armed forces of the union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the central government. 2 the state government may, by notification, direct that the provisions of subsection 1 shall apply to such class or category of the members of the force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that subsection shall apply as if for the expression central government occurring therein, the expression state government were substituted.

section 44. of the code of criminal procedure : 1 when any offence is committed in the presence of a magistrate, whether executive or judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. 2 any magistrate, whether executive or judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

section 47. of the code of criminal procedure : show related subordinates 1 if any person acting under warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 2 if ingress to such place cannot be obtained under subsection 1, it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: provided that, if any such place is an apartment in the actual occupancy of a female not being the persons to be arrested who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. 3 any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

section 50a., to a nominated person. of the code of criminal procedure : 150a. obligation of person making arrest to inform about the arrest, etc., to a nominated person. 1 every police officer or other person making any arrest under this code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. 2 the police officer shall inform the arrested person of his rights under subsection 1 as soon as he is brought to the police station. 3 an entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the state government. 4 it shall be the duty of the magistrate before whom such arrested person is produced, to satisfy himself that the requirements of subsection 2 and subsection 3 have been complied with in respect of such arrested person. 1. ins. by s. 7, ibid. w.e.f. .

section 55. of the code of criminal procedure : 1 when any officer in charge of a police station or any police officer making an investigation under chapter xii requires any officer subordinate to him to arrest without a warrant otherwise than in his presence any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. 2 nothing in subsection 1 shall affect the power of a police officer to arrest a person under section 41.

section 51. of the code of criminal procedure : show related subordinates 1 whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearingapparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. 2 whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

section 52. of the code of criminal procedure : show related subordinates the officer or other person making any arrest under this code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by this code to produce the person arrested.

section 53. of the code of criminal procedure : show related subordinates 1 when a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of subinspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. 2 whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 1explanation.in this section and in sections 53a and 54, a examination shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including dna profiling and such other tests which the registered medical practitioner thinks necessary in a particular case b registered medical practitioner means a medical practitioner who possesses any medical qualification as defined in clause h of section 2 of the indian medical council act, of and whose name has been entered in a state medical register. 1 subs. by act 25 of , s. 8, for the explanation w.e.f. .

section 54a. of the code of criminal procedure : 154a. identification of person arrested. where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the court may deem fit: 2provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a judicial magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with: provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed. state amendment uttar pradesh insertion of new section 54a.after section 54 of the said code, the following section shall be inserted, namely : 54a. test identification of the accused. when a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any court having jurisdiction, it shall be lawful for executive magistrate acting at the instance of such court, to hold test identification of the person arrested. vide uttar pradesh act 1 of , s. 8 1. ins. by act 25 of , s. 11 w.e.f. . 2. ins. by act 13 of , s. 12 w.e.f. .

section 53a. of the code of criminal procedure : 153a. examination of person accused of rape by medical practitioner.1 when a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a subinspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. 2 the registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely: i the name and address of the accused and of the person by whom he was brought, ii the age of the accused, iii marks of injury, if any, on the person of the accused, iv the description of material taken from the person of the accused for dna profiling, and v other material particulars in reasonable detail. 3 the report shall state precisely the reasons for each conclusion arrived at. 4 the exact time of commencement and completion of the examination shall also be noted in the report. 5 the registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the magistrate referred to in section 173 as part of the documents referred to in clause a of subsection 5 of that section. 1. ins. by s. 9, ibid. w.e.f. .

section 54. of the code of criminal procedure : 154. examination of arrested person by medical officer. 1 when any person is arrested, he shall be examined by a medical officer in the service of central or state government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. 2 the medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. 3 where an examination is made under subsection 1, a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person. state amendment uttar pradesh in section 54 of the said code, the following sentence shall be inserted at the end, namely : the registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost. vide uttarkhand act 1 of , s. 7 1. subs. by act 5 of , s. 8, for section 54 w.e.f. .

section 55a. of the code of criminal procedure : 155a. health and safety of arrested person. it shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused. 1. ins. by act 5 of , s.9 w.e.f.

section 56. of the code of criminal procedure : a police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a magistrate having jurisdiction in the case, or before the officer in charge of a police station.

section 61. of the code of criminal procedure : every summons issued by a court under this code shall be in writing, in duplicate, signed by the presiding officer of such court or by such other officer as the high court may, from time to time, by rule direct, and shall bear the seal of the court.

section 58. of the code of criminal procedure : officers in charge of police stations shall report to the district magistrate, or, if he so directs, to the subdivisional magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

section 57. of the code of criminal procedure : no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under section 167, exceed twentyfour hours exclusive of the time necessary for the journey from the place of arrest to the magistrates court.

section 59. of the code of criminal procedure : no person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a magistrate.

section 60. of the code of criminal procedure : 1 if a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in india. 2 the provisions of section 47 shall apply to arrests under subsection 1 although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

section 60a. of the code of criminal procedure : 160a. arrest to be made strictly according to the code. no arrest shall be made except in accordance with the provisions of this code or any other law for the time being in force providing for arrest. 1. ins. by s.10, ibid. w.e.f. .

section 62. of the code of criminal procedure : 1 every summons shall be served by a police officer, or subject to such rules as the state government may make in this behalf, by an officer of the court issuing it or other public servant. 2 the summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. 3 every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

section 63. of the code of criminal procedure : service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in india, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. explanation.in this section, corporation means an incorporated company or other body corporate and includes a society registered under the societies registration act, 21 of .

section 69. of the code of criminal procedure : 1 notwithstanding anything contained in the preceding sections of this chapter, a court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain. 2 when an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the court issuing the summons may declare that the summons has been duly served. state amendment andaman and nicobar islands u.t. in section 69 of the code of criminal procedure, in is application to the union territories of the andaman and nicobar islands and lakshdeep, a in subsection 1, after the words to be served by registered post the words or of the substance thereof to be served by wireless message shall be inserted. b in subsection 2, for the words that the witness refused to take delivery of the summons the words or a wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may be shall be substituted. vide andaman and nicobar islands u.t. act 6 of , s. 2.

section 64. of the code of criminal procedure : where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. explanation.a servant is not a member of the family within the meaning of this section.

section 65. of the code of criminal procedure : if service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

section 70. of the code of criminal procedure : 1 every warrant of arrest issued by a court under this code shall be in writing, signed by the presiding officer of such court and shall bear the seal of the court. 2 every such warrant shall remain in force until it is cancelled by the court which issued it, or until it is executed.

section 67. of the code of criminal procedure : when a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

section 66. of the code of criminal procedure : 1 where the person summoned is in the active service of the government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the court under his signature with the endorsement required by that section. 2 such signature shall be evidence of due service.

section 68. of the code of criminal procedure : 1 when a summons issued by a court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed in the manner provided by section 62 or section 64 by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. 2 the affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the court.

section 71. of the code of criminal procedure : 1 any court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. 2 the endorsement shall state a the number of sureties b the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound c the time at which he is to attend before the court. 3 whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the court.

section 72. of the code of criminal procedure : 1 a warrant of arrest shall ordinarily be directed to one or more police officers but the court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. 2 when a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

section 78. of the code of criminal procedure : 1 when a warrant is to be executed outside the local jurisdiction of the court issuing it, such court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any executive magistrate or district superintendent of police or commissioner of police within the local limits of whose jurisdiction it is to be executed and the executive magistrate or district superintendent or commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. 2 the court issuing a warrant under subsection 1 shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the court acting under section 81 to decide whether bail should or should not be granted to the person.

section 73. of the code of criminal procedure : 1 the chief judicial magistrate or a magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a nonbailable offence and is evading arrest. 2 such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. 3 when the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a magistrate having jurisdiction in the case, unless security is taken under section 71.

section 74. of the code of criminal procedure : show related subordinates a warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

section 79. of the code of criminal procedure : 1 when a warrant directed to a police officer is to be executed beyond the local jurisdiction of the court issuing the same, he shall ordinarily take it for endorsement either to an executive magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. 2 such magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant. 3 whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the court which issued it.

section 75. of the code of criminal procedure : the police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

section 77. of the code of criminal procedure : a warrant of arrest may be executed at any place in india.

section 76. of the code of criminal procedure : the police officer or other person executing a warrant of arrest shall subject to the provisions of section 71 as to security without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person: provided that such delay shall not, in any case, exceed twentyfour hours exclusive of the time necessary for the journey from the place of arrest to the magistrates court.

section 80. of the code of criminal procedure : when a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the executive magistrate or district superintendent of police or commissioner of police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such magistrate or district superintendent or commissioner.

section 81. of the code of criminal procedure : 1 the executive magistrate or district superintendent of police or commissioner of police shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his removal in custody to such court: provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such magistrate, district superintendent or commissioner, or a direction has been endorsed under section 71 on the warrant and such person is ready and willing to give the security required by such direction, the magistrate, district superintendent or commissioner shall take such bail or security, as the case may be, and forward the bond, to the court which issued the warrant: provided further that if the offence is a nonbailable one, it shall be lawful for the chief judicial magistrate subject to the provisions of section 437, or the sessions judge, of the district in which the arrest is made on consideration of the information and the documents referred to in subsection 2 of section 78, to release such person on bail. 2 nothing in this section shall be deemed to prevent a police officer from taking security under section 71. state amendment uttar pradesh in section 81 of the said code, in subsection 1, the following third proviso shall be inserted, namely : provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the chief judicial magistrate in the case of a nonbailable offence or any judicial magistrate in the case of a bailable offence may be necessary for his removal to the court which issued the warrant. vide uttar pradesh act 1 of , s. 9

section 84. of the code of criminal procedure : 1 if any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: provided that any claim preferred or objection made within the period allowed by this subsection may, in the event of the death of the claimant or objector, be continued by his legal representative. 2 claims or objections under subsection 1 may be preferred or made in the court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under subsection 2 of section 83, in the court of the chief judicial magistrate of the district in which the attachment is made. 3 every such claim or objection shall be inquired into by the court in which it is preferred or made: provided that, if it is preferred or made in the court of a chief judicial magistrate, he may make it over for disposal to any magistrate subordinate to him. 4 any person whose claim or objection has been disallowed in whole or in part by an order under subsection 1 may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute but subject to the result of such suit, if any, the order shall be conclusive.

section 83. of the code of criminal procedure : 1 the court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued, a is about to dispose of the whole or any part of his property, or b is about to remove the whole or any part of his property from the local jurisdiction of the court, it may order the attachment simultaneously with the issue of the proclamation. 2 such order shall authorise the attachment of any property belonging to such person within the district in which it is made and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the district magistrate within whose district such property is situate. 3 if the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made a by seizure or b by the appointment of a receiver or c by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf or d by all or any two of such methods, as the court thinks fit. 4 if the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the state government, be made through the collector of the district in which the land is situate, and in all other cases a by taking possession or b by the appointment of a receiver or c by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf or d by all or any two of such methods, as the court thinks fit. 5 if the property ordered to be attached consists of livestock or is of a perishable nature, the court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the court. 6 the powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the code of civil procedure, 5 of .

section 82. of the code of criminal procedure : 1 if any court has reason to believe whether after taking evidence or not that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. 2 the proclamation shall be published as follows: i a it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides b it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village c a copy thereof shall be affixed to some conspicuous part of the courthouse ii the court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. 3 a statement in writing by the court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause i of subsection 2, shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. 14 where a proclamation published under subsection 1 is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the indian penal code 45 of , and such person fails to appear at the specified place and time required by the proclamation, the court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. 5 the provisions of subsections 2 and 3 shall apply to a declaration made by the court under subsection 4 as they apply to the proclamation published under subsection 1. 1. ins. by act 25 of , s. 12 w.e.f. .

section 87. of the code of criminal procedure : a court may, in any case in which it is empowered by this code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest a if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons or b if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

section 85. of the code of criminal procedure : 1 if the proclaimed person appears within the time specified in the proclamation, the court shall make an order releasing the property from the attachment. 2 if the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the state government but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section, unless it is subject to speedy and natural decay, or the court considers that the sale would be for the benefit of the owner in either of which cases the court may cause it to be sold whenever it thinks fit. 3 if, within two years from the date of the attachment, any person whose property is or has been at the disposal of the state government, under subsection 2, appears voluntarily or is apprehended and brought before the court by whose order the property was attached, or the court to which such court is subordinate, and proves to the satisfaction of such court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.

section 86. of the code of criminal procedure : any person referred to in subsection 3 of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the court to which appeals ordinarily lie from the sentences of the firstmentioned court.

section 90. of the code of criminal procedure : the provisions contained in this chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this code.

section 88. of the code of criminal procedure : when any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court, or any other court to which the case may be transferred for trial.

section 89. of the code of criminal procedure : when any person who is bound by any bond taken under this code to appear before a court, does not appear, the officer presiding in such court may issue a warrant directing that such person be arrested and produced before him.

section 98. of the code of criminal procedure : upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a district magistrate, subdivisional magistrate or magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

section 91. of the code of criminal procedure : 1 whenever any court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. 2 any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. 3 nothing in this section shall be deemed a to affect sections 123 and 124 of the indian evidence act, 1 of , or the bankers books evidence act, 13 of , or b to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

section 92. of the code of criminal procedure : 1 if any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the district magistrate, chief judicial magistrate, court of session or high court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this code, such magistrate or court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the magistrate or court directs. 2 if any such document, parcel or thing is, in the opinion of any other magistrate, whether executive or judicial, or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a district magistrate, chief judicial magistrate or court under subsection 1.

section 97. of the code of criminal procedure : if any district magistrate, subdivisional magistrate or magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a searchwarrant, and the person to whom such warrant is directed may search for the person so confined and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a magistrate, who shall make such order as in the circumstances of the case seems proper.

section 93. of the code of criminal procedure : 1 a where any court has reason to believe that a person to whom a summons order under section 91 or a requisition under subsection 1 of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or b where such document or thing is not known to the court to be in the possession of any person, or c where the court considers that the purposes of any inquiry, trial or other proceeding under this code will be served by a general search or inspection, it may issue a searchwarrant and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. 2 the court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. 3 nothing contained in this section shall authorise any magistrate other than a district magistrate or chief judicial magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

section 95. of the code of criminal procedure : 1 where a any newspaper, or book, or b any document, wherever printed, appears to the state government to contain any matter the publication of which is punishable under section 124a or section 153a or section 153b or section 292 or section 293 or section 295a of the indian penal code 45 of , the state government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to government, and thereupon any police officer may seize the same wherever found in india and any magistrate may by warrant authorise any police officer not below the rank of subinspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be. 2 in this section and in section 96, a newspaper and book have the same meaning as in the press and registration of books act, 25 of b document includes any painting, drawing or photograph, or other visible representation. 3 no order passed or action taken under this section shall be called in question in any court otherwise than in accordance with the provisions of section 96.

section 94. of the code of criminal procedure : 1 if a district magistrate, subdivisional magistrate or magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable a to enter, with such assistance as may be required, such place, b to search the same in the manner specified in the warrant, c to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies, d to convey such property or article before a magistrate, or to guard the same on the spot until the offender is taken before a magistrate, or otherwise to dispose of it in some place of safety, e to take into custody and carry before a magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. 2 the objectionable articles to which this section applies are a counterfeit coin b pieces of metal made in contravention of the metal tokens act, 1 of , or brought into india in contravention of any notification for the time being in force under section 11 of the customs act, 52 of c counterfeit currency note counterfeit stamps d forged documents e false seals f obscene objects referred to in section 292 of the indian penal code 45 of g instruments or materials used for the production of any of the articles mentioned in clauses a to f.

section 96. of the code of criminal procedure : 1 any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the official gazette of such declaration, apply to the high court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in subsection 1 of section 95. 2 every such application shall, where the high court consists of three or more judges, be heard and determined by a special bench of the high court composed of three judges and where the high court consists of less than three judges, such special bench shall be composed of all the judges of that high court. 3 on the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made. 4 the high court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in subsection 1 of section 95, set aside the declaration of forfeiture. 5 where there is a difference of opinion among the judges forming the special bench, the decision shall be in accordance with the opinion of the majority of those judges.

section 100. of the code of criminal procedure : show related subordinates 1 whenever any place liable to search or inspection under this chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. 2 if ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by subsection 2 of section 47. 3 where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. 4 before making a search under this chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. 5 the search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses but no person witnessing a search under this section shall be required to attend the court as a witness of the search unless specially summoned by it. 6 the occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. 7 when any person is searched under subsection 3, a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. 8 any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the indian penal code 45 of .

section 99., of searchwarrants. of the code of criminal procedure : the provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all searchwarrants issued under section 93, section 94, section 95 or section 97.

section 101. of the code of criminal procedure : when, in the execution of a searchwarrant at any place beyond the local jurisdiction of the court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the court issuing the warrant, unless such place is nearer to the magistrate having jurisdiction therein than to such court, in which case the list and things shall be immediately taken before such magistrate and, unless there be good cause to the contrary, such magistrate shall make an order authorising them to be taken to such court.

section 102. of the code of criminal procedure : show related subordinates 1 any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence. 2 such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. 13 every police officer acting under subsection 1 shall forthwith report the seizure to the magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the court, 2or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the court as and when required and to give effect to the further orders of the court as to the disposal of the same: 3provided that where the property seized under subsection 1 is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the superintendent of police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale. 1. ins. by act 45 of , s. 10 w.e.f. . 2. ins. by act 25 of , s. 13 w.e.f. . 3. added by act 25 of , s. 13 w.e.f. .

section 105c. of the code of criminal procedure : 1 where a court in india has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105d to 105j both inclusive. 2 where the court has made an order for attachment or forfeiture of any property under subsection 1, and such property is suspected to be in a contracting state, the court may issue a letter of request to a court or an authority in the contracting state for execution of such order. 3 where a letter of request is received by the central government from a court or an authority in a contracting state requesting attachment or forfeiture of the property in india, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting state, the central government may forward such letter of request to the court, as it thinks fit, for execution in accordance with the provisions of sections 105d to 105j both inclusive or, as the case may be, any other law for the time being in force.

section 103. of the code of criminal procedure : any magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a searchwarrant.

section 105. of the code of criminal procedure : 1 where a court in the territories to which this code extends hereafter in this section referred to as the said territories desires that a a summons to an accused person, or b a warrant for the arrest of an accused person, or c a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or d a searchwarrant, 1issued by it shall be served or executed at any place, i within the local jurisdiction of a court in any state or area in india outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed and where any summons referred to in clause a or clause c has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a magistrate in the said territories ii in any country or place outside india in respect of which arrangements have been made by the central government with the government of such country or place for service or execution of summons or warrant in relation to criminal matters hereafter in this section referred to as the contracting state, it may send such summons or warrant in duplicate in such form, directed to such court, judge or magistrate, and send to such authority for transmission, as the central government may, by notification, specify in this behalf. 2 where a court in the said territories has received for service or execution a a summons to an accused person, or b a warrant for the arrest of an accused person, or c a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or d a searchwarrant, 1 issued by i a court in any state or area in india outside the said territories ii a court, judge or magistrate in a contracting state, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local jurisdiction and where i a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81, ii a searchwarrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101: 2provided that in a case where a summons or searchwarrant received from a contracting state has been executed, the documents or things produced or things found in the search shall be forwarded to the court issuing the summons or searchwarrant through such authority as the central government may, by notification, specify in this behalf. 1. subs. by act 32 of , s. 2, for certain words w.e.f. . 2. ins. by act 32 of , s. 2 w.e.f.

section 104., produced. of the code of criminal procedure : any court may, if it thinks fit, impound any document or thing produced before it under this code.

section 105a. of the code of criminal procedure : 1in this chapter, unless the context otherwise requires, a contracting state means any country or place outside india in respect of which arrangements have been made by the central government with the government of such country through a treaty or otherwise b identifying includes establishment of a proof that the property was derived from, or used in, the commission of an offence c proceeds of crime means any property derived or obtained directly or indirectly, by any person as a result of criminal activity including crime involving currency transfers or the value of any such property d property means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime e tracing means determining the nature, source, disposition, movement, title or ownership of property 1. ins. by act 40 of , s. 2 w.e.f.

section 105b. of the code of criminal procedure : 1 where a court in india, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting state, it shall send such warrant in duplicate in such form to such court, judge or magistrate through such authority, as the central government may, by notification, specify in this behalf and that court, judge or magistrate, as the case may be, shall cause the same to be executed. 2 notwithstanding anything contained in this code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting state is required in connection with such investigation or inquiry and the court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such court, judge or magistrate, in such form as the central government may, by notification, specify in this behalf, to cause the same to be served or executed. 3 where a court in india, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that court or before any other investigating agency, issued by a court, judge or magistrate in a contracting state, the same shall be executed as if it is the warrant received by it from another court in india for execution within its local limits. 4 where a person transferred to a contracting state pursuant to subsection 3 is a prisoner in india, the court in india or the central government may impose such conditions as that court or government deems fit. 5 where the person transferred to india pursuant to subsection 1 or subsection 2 is a prisoner in a contracting state, the court in india shall ensure that the conditions subject to which the prisoner is transferred to india are complied with and such prisoner shall be kept in such custody subject to such conditions as the central government may direct in writing.

section 105d. of the code of criminal procedure : 1 the court shall, under subsection 1, or on receipt of a letter of request under subsection 3 of section 105c, direct any police officer not below the rank of subinspector of police to take all steps necessary for tracing and identifying such property. 2 the steps referred to in subsection 1 may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. 3 any inquiry, investigation or survey referred to in subsection 2 shall be carried out by an officer mentioned in subsection 1 in accordance with such directions issued by the said court in this behalf.

section 105g. of the code of criminal procedure : 1 if as a result of the inquiry, investigation or survey under section 105d, the court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person hereinafter referred to as the person affected calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the central government. 2 where a notice under subsection 1 to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

section 105f. of the code of criminal procedure : 1 the court may appoint the district magistrate of the area where the property is situated, or any other officer that may be nominated by the district magistrate, to perform the functions of an administrator of such property. 2 the administrator appointed under subsection 1 shall receive and manage the property in relation to which the order has been made under subsection 1 of section 105e or under section 105h in such manner and subject to such conditions as may be specified by the central government. 3 the administrator shall also take such measures, as the central government may direct, to dispose of the property which is forfeited to the central government.

section 105e. of the code of criminal procedure : 1 where any officer conducting an inquiry or investigation under section 105d has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. 2 any order made under subsection 1 shall have no effect unless the said order is confirmed by an order of the said court, within a period of thirty days of its being made.

section 105h. of the code of criminal procedure : 1 the court may, after considering the explanation, if any, to the showcause notice issued under section 105g and the material available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: provided that if the person affected and in a case where the person affected holds any property specified in the notice through any other person such other person also does not appear before the court or represent his case before it within a period of thirty days specified in the showcause notice, the court may proceed to record a finding under this subsection ex parte on the basis of evidence available before it. 2 where the court is satisfied that some of the properties referred to in the showcause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under subsection 1. 3 where the court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the central government free from all encumbrances. 4 where any shares in a company stand forfeited to the central government under this section, then, the company shall, notwithstanding anything contained in the companies act, 1 of or the articles of association of the company, forthwith register the central government as the transferee of such shares.

section 105i. of the code of criminal procedure : 1 where the court makes a declaration that any property stands forfeited to the central government under section 105h and it is a case where the source of only a part of such property has not been proved to the satisfaction of the court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. 2 before making an order imposing a fine under subsection 1, the person affected shall be given a reasonable opportunity of being heard. 3 where the person affected pays the fine due under subsection 1, within such time as may be allowed in that behalf, the court may, by order, revoke the declaration of forfeiture under section 105h and thereupon such property shall stand released.

section 105j. of the code of criminal procedure : where after the making of an order under subsection 1 of section 105e or the issue of a notice under section 105g, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this chapter, be ignored and if such property is subsequently forfeited to the central government under section 105h, then, the transfer of such property shall be deemed to be null and void.

section 108. of the code of criminal procedure : 1 when 1 an executive magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction, i either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of, a any matter the publication of which is punishable under section 124a or section 153a or section 153b or section 295a of the indian penal code 45 of , or b any matter concerning a judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the indian penal code 45 of , ii makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the indian penal code 45 of , and the magistrate is of opinion that there is sufficient ground for proceeding, the magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit. 2 no proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the press and registration of books act, 25 of , with reference to any matter contained in such publication except by the order or under the authority of the state government or some officer empowered by the state government in this behalf. 1. subs. by act 63 of , s. 2, for a judicial magistrate of the first class w.e.f. .

section 105k. of the code of criminal procedure : every letter of request, summons or warrant, received by the central government from, and every letter of request, summons or warrant, to be transmitted to a contracting state under this chapter shall be transmitted to a contracting state or, as the case may be, sent to the concerned court in india in such form and in such manner as the central government may, by notification, specify in this behalf.

section 106. of the code of criminal procedure : 1 when a court of session or court of a magistrate of the first class convicts a person of any of the offences specified in subsection 2 or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. 2 the offences referred to in subsection 1 are a any offence punishable under chapter viii of the indian penal code 45 of , other than an offence punishable under section 153a or section 153b or section 154 thereof b any offence which consists of, or includes, assault or using criminal force or committing mischief c any offence of criminal intimidation d any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. 3 if the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 4 an order under this section may also be made by an appellate court or by a court when exercising its powers of revision.

section 105l. of the code of criminal procedure : the central government may, by notification in the official gazette, direct that the application of this chapter in relation to a contracting state with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

section 107. of the code of criminal procedure : 1 when an executive magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1 with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate thinks fit. 2 proceedings under this section may be taken before any executive magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. 1. ins. by act 45 of , s. 11 w.e.f. .

section 109. of the code of criminal procedure : when 1 an executive magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the magistrate thinks fit. 1. subs. by act 63 of , s. 2, for a judicial magistrate of the first class w.e.f. .

section 110. of the code of criminal procedure : when 1 an executive magistrate receives information that there is within his local jurisdiction a person who a is by habit a robber, housebreaker, thief, or forger, or b is by habit a receiver of stolen property knowing the same to have been stolen, or c habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or d habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under chapter xii of the indian penal code 45 of , or under section 489a, section 489b, section 489c or section 489d of that code, or e habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or f habitually commits, or attempts to commit, or abets the commission of i any offence under one or more of the following acts, namely: a the drugs and cosmetics act, 23 of 2b the foreign exchange regulation act, 46 of c the employees provident fund 3 and family pension fund act, 19 of d the prevention of food adulteration act, 37 of e the essential commodities act, 10 of f the untouchability offences act, 22 of g the customs act, 52 of 4 5h the foreigners act, 31 of or ii any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or g is so desperate and dangerous to render his being at large without security hazardous to the community, such magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate thinks fit. 1. subs. by act 63 of , s. 2, for a judicial magistrate of the first class w.e.f. . 2. subs. by act 56 of , s. 3 and the second sch., for item b w.e.f. . 3. ins. by s. 3 and the second sch., ibid. w.e.f. . 4. the word or omitted by act 25 of , s. 14 w.e.f. . 5. ins. by s. 14, ibid. w.e.f. .

section 111. of the code of criminal procedure : when a magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties if any required.

section 117. of the code of criminal procedure : if, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the magistrate shall make an order accordingly: provided that a no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111 b the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive c when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

section 112. of the code of criminal procedure : if the person in respect of whom such order is made is present in court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

section 113. of the code of criminal procedure : if such person is not present in court, the magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court: provided that whenever it appears to such magistrate, upon the report of a police officer or upon other information the substance of which report or information shall be recorded by the magistrate, that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the magistrate may at any time issue a warrant for his arrest.

section 115. of the code of criminal procedure : the magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

section 114. of the code of criminal procedure : every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

section 116. of the code of criminal procedure : 1 when an order under section 111 has been read or explained under section 112 to a person present in court, or when any person appears or is brought before a magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. 2 such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summonscases. 3 after the commencement, and before the completion, of the inquiry under subsection 1, the magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the i nquiry is concluded: provided that a no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour b the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111. 4 for the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. 5 where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the magistrate shall think just. 6 the inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the magistrate otherwise directs: provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. 7 where any direction is made under subsection 6 permitting the continuance of proceedings the sessions judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

section 118. of the code of criminal procedure : if, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

section 120. of the code of criminal procedure : the bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

section 119. of the code of criminal procedure : 1 if any person, in respect of whom an order requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. 2 in other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.

section 121. of the code of criminal procedure : 1 a magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this chapter on the ground that such surety is an unfit person for the purposes of the bond: provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a magistrate subordinate to him. 2 such magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. 3 if the magistrate is satisfied, after considering the evidence so adduced either before him or before a magistrate deputed under subsection 1, and the report of such magistrate if any, that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: provided that, before making an order rejecting any surety who has previously been accepted, the magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

section 122. of the code of criminal procedure : 1 a if any person ordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the court or magistrate who made the order requiring it. b if any person after having executed a 1 bond, with or without sureties without sureties for keeping the peace in pursuance of an order of a magistrate under section 117, is proved, to the satisfaction of such magistrate or his successorinoffice, to have committed breach of the bond, such magistrate or successorinoffice may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. 2 when such person has been ordered by a magistrate to give security for a period exceeding one year, such magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the sessions judge and the proceedings shall be laid, as soon as conveniently may be, before such court. 3 such court, after examining such proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: provided that the period if any for which any person is imprisoned for failure to give security shall not exceed three years. 4 if security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the sessions judge under subsection 2 such reference shall also include the case of any other of such persons who has been order to give security, and the provisions of subsections 2 and 3 shall, in that event, apply to the case of such other person also, except that the period if any for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. 5 a sessions judge may in his discretion transfer any proceedings laid before him under subsection 2 or subsection 4 to an additional sessions judge or assistant sessions judge and upon such transfer, such additional sessions judge or assistant sessions judge may exercise the powers of a sessions judge under this section in respect of such proceedings. 6 if the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the court or magistrate who made the order, and shall await the orders of such court or magistrate. 7 imprisonment for failure to give security for keeping the peace shall be simple. 8 imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the court or magistrate in each case directs. 1. subs. by act 25 of , s. 15, for bond without sureties w.e.f. .

section 123. of the code of criminal procedure : 1 whenever 1the district magistrate in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case is of opinion that any person imprisoned for failing to give security under this chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. 2 whenever any person has been imprisoned for failing to give security under this chapter, the high court or court of session, or, where the order was made by any other court, 2 district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. 3 an order under subsection 1 may direct the discharge of such person either without conditions or upon any conditions which such person accepts: provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. 4 the state government may prescribe the conditions upon which a conditional discharge may be made. 5 if any condition upon which any person has been discharged is, in the opinion of 2 district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. 6 when a conditional order of discharge has been cancelled under subsection 5, such person may be arrested by any police officer without warrant, and shall thereupon be produced before the 2 district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case. 7 unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release, 2 district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case may remand such person to prison to undergo such unexpired portion. 8 a person remanded to prison under subsection 7 shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the court or magistrate by whom such order was made, or to its or his successor. 9 the high court or court of session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this chapter by any order made by it, and 3 district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other court in his district. 10 any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this chapter may at any time apply to the court making such order to cancel the bond and on such application being made, the court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bond appear or to be brought before it. 1. subs. by act 45 of , s. 12, for the chief judicial magistrate w.e.f. . 2. subs. by act 45 of , s. 12, for chief judicial magistrate w.e.f. .

section 124. of the code of criminal procedure : 1 when a person for whose appearance a summons or warrant has been issued under the proviso to subsection 3 of section 121 or under subsection 10 of section 123, appears or is brought before the magistrate or court, the magistrate or court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. 2 every such order shall, for the purposes of sections 120 to 123 both inclusive be deemed to be an order made under section 106 or section 117, as the case may be.

section 125. of the code of criminal procedure : 1 if any person having sufficient means neglects or refuses to maintain a his wife, unable to maintain herself, or b his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or c his legitimate or illegitimate child not being a married daughter who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or d his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate 1 as such magistrate thinks fit and to pay the same to such person as the magistrate may from time to time direct: provided that the magistrate may order the father of a minor female child referred to in clause b to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: 2provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this subsection, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the magistrate considers reasonable, and to pay the same to such person as the magistrate may from time to time direct: provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. explanation.for the purposes of this chapter, a minor means a person who, under the provisions of the indian majority act, 9 of is deemed not to have attained his majority b wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 32 any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. 3 if any person so ordered fails without sufficient cause to comply with the order, any such magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each months 4allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. explanation.if a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes refusal to live with him. 4 no wife shall be entitled to receive an 5allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. 5 on proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the magistrate shall cancel the order. state amendments madhya pradesh amendment of section 125. in subsection 1 of section 125 of the principal act, for the words five hundred rupees the words three thousand rupees shall be substituted. vide madhya pradesh act, 10 of , s. 3. madhya pradesh amendment of section 125. in section 125 of the principal act, i for the marginal heading, the following marginal heading shall be substituted, namely: order for maintenance of wives, children, parents and grand parents. ii in subsection 1, a after clause d, the following clause shall be inserted, namely: e his grand father, grand mother unable to maintain himself or her self. b in the existing para, for the words a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother at such monthly rate not exceeding three thousand rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct, the words a magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct shall be substituted c after the existing first proviso, the following proviso shall be inserted, namely: provided further that the relatives in clause e shall only be entitled to monthly allowance for maintenance if their sons daughters are not alive and they are unable to maintain themselves. vide madhya pradesh act 15 of , s. 3. west bengal in subsection 1 of section 125 of the principal act, 1 for the words five hundred rupees, the words one thousand and five hundred rupees shall be substituted 2 after the existing proviso, the following proviso shall be inserted: provided further that where in any proceeding under this section it appears to the magistrate that the wife referred to in clause a or the minor child referred to in clause b or the child not being a married daughter referred to in clause c or the father or the mother referred to in clause d is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the magistrate may, on the application of the wife or the minor child or the child not being a married daughter or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, the expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the magistrate to be reasonable.. vide west bengal act, 25 of , s. 4. west bengal in subsection 1 of section 125 of the principal act, as amended by the code of criminal procedure west bengal amendment act, , the words not exceeding one thousand and five hundred rupees the proviso shall be omitted. vide west bengal act 33 of , s. 3. maharashtra amendment of section 125 of act 2 of .in section 125 of the code of criminal procedure, , in its application to the state of maharashtra hereinafter referred to as the said code, a in subsection 1, i for the words not exceeding five hundred rupees the words not exceeding fifteen hundred rupees shall be substituted ii before the existing proviso, the following proviso shall be inserted, namely: provided that, the magistrate, on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this subsection, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of interim maintenance to the applicant, pending the final disposal of the maintenance application: provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the magistrate exparte, pending service of notice of the application subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter: provided also that, subject to the ceiling laid down under this subsection, the amount of interim maintenance shall, as far as practicable, be not less than thirty per cent. of the monthly income of the respondent: iii in the existing proviso, for the words provided that the words provided also that shall be substituted b after subsection 2, the following subsection shall be inserted, namely: 2a notwithstanding anything otherwise contained in subsections 1 and 2, where an application is made by the wife under clause a of subsection 1 for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of monthly maintenance allowance, and the magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lumpsum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties. c in subsection 3, i after the words so ordered the words, brackets, figures and letter either under subsection 1 or subsection 2a, as the case may be, shall be inserted ii after the words each months allowance the words or, as the case may be, the lumpsum allowance to be paid in lieu of the monthly allowance shall be inserted. vide maharashtra act 21 of , s. 2 uttar pradesh in section 125 of the code of criminal procedure, , hereinafter referred to as the principal act a in subsection 1, for the words five hundred only the words five thousand only shall be substituted. b after subsection 5, the following subsection shall be inserted, namely : 6 where in a proceeding under this section it appears to the magistrate that the person claiming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the magistrate may, in his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such monthly allowance not exceeding five thousand rupees and such expenses of the proceeding as the magistrate consider reasonable and such order shall be enforceable as an order of maintenance. videuttar pradesh act 36 of , s. 2 uttar pradesh in section 125 of the code of criminal procedure, as amended in its application to uttar pradesh hereinafter referred to as the principal act in subsection 6 the words not exceeding five thousand rupees shall be omitted. vide uttar pradesh act 15 of , s. 2 1. certain words omitted by act 50 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. subs. by s. 2, ibid., for subsection 2 w.e.f. . 4. subs. by s. 2, ibid., for allowance w.e.f. 5. subs. by act 50 of , s. 2, for allowance w.e.f. .

section 126. of the code of criminal procedure : 1 proceedings under section 125 may be taken against any person in any district a where he is, or b where he or his wife resides, or c where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. 2 all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summonscases: provided that if the magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the magistrate may think just and proper. 3 the court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. state amendment andhra pradesh and telangana. amendment of section 126in the code of criminal procedure, hereinafter referred to as the principal act in section 126, in subsection 1, for clause b, the following shall be substituted, namely: b where he or his wife resides, or where his parents or children resides, or vide andhra pradesh act 18 of , s. 2

section 128. of the code of criminal procedure : a copy of the order of 1maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 2whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid and such order may be enforced by any magistrate in any place where the person against whom it is made may be, on such magistrate being satisfied as to the identity of the parties and the nonpayment of the 3allowance, or as the case may be, expenses, due. state amendments andhra pradesh and telangana. amendment of section 128.in section 128 of the principal act, the expression where the person against whom it is made, may be, shall be omitted. vide andhra pradesh act 18 of , s. 3 1. subs. by s. 4,ibid., for maintenance w.e.f. . 2. subs. by s. 4, ibid., for whom the allowance w.e.f. . 3. subs. by s. 4, ibid., for allowance due w.e.f. .

section 127. of the code of criminal procedure : 11 on proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. 2 where it appears to the magistrate that, in consequence of any decision of a competent civil court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. 3 where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the magistrate shall, if he is satisfied that a the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage b the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order, i in the case where such sum was paid before such order, from the date on which such order was made ii in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman c the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. 4 at the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a 3monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 125, the civil court shall take into account the sum which has been paid to, or recovered by, such person 4as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order. state amendments madhya pradesh amendment of section 127.in subsection 1 of section 127 of the principal act, for the words father or mother, the words father, mother, grand father, grand mother shall be substituted. vide madhya pradesh act 15 of , s. 4. west bengal in the proviso to subsection 1 of section 127 of the principal act, for the words five hundred rupees, the words one thousand and five hundred rupees shall be substituted. vide west bengal act 14 of , s. 3. west bengal in subsection 1 of section 127 of the principal act, the proviso shall be omitted. vide west bengal act 33 of , s. 4. maharashtra amendment of section 127 of act 2 of .in section 127 of the said code, a in subsection 1, in the proviso, for the words five hundred rupees the words fifteen hundred rupees shall be substitute b in subsection 4, i for the words monthly allowance, where they occur for the first time, the words maintenance allowance shall be substituted ii after the words monthly allowance, where they occur for the second time, the words or, as the case may be, the lumpsum allowance shall be inserted. vide maharashtra act 21 of , s. 3 uttar pradesh in section 127 of the principal act, subsection 1, in the proviso for the words five hundred rupees the words five thousand rupees shall be substituted. vide uttar pradesh act 36 of , s. 3 1. 1. subs. by act 50 of , s. 3, for subsection 1 w.e.f. . 2. subs. by act 50 of , s. 3, for maintenance w.e.f. . 3. subs. by s. 3, ibid., for monthly allowance has been ordered w.e.f. . 4. subs. by act 50 of , s. 3, for monthly allowance in pursuance of w.e.f. .

section 129. of the code of criminal procedure : show related subordinates 1 any executive magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a subinspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse and it shall thereupon be the duty of the members of such assembly to disperse accordingly. 2 if, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any executive magistrate or police officer referred to in subsection 1, may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

section 130. of the code of criminal procedure : 1 if any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the executive magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. 2 such magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. 3 every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

section 131. of the code of criminal procedure : show related subordinates when the public security is manifestly endangered by any such assembly and no executive magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law but if, while he is acting under this section, it becomes practicable for him to communicate with an executive magistrate, he shall do so, and shall thenceforward obey the instructions of the magistrate, as to whether he shall or shall not continue such action.

section 132. of the code of criminal procedure : 1 no prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any criminal court except a with the sanction of the central government where such person is an officer or member of the armed forces b with the sanction of the state government in any other case. 2 a no executive magistrate or police officer acting under any of the said sections in good faith b no person doing any act in good faith in compliance with a requisition under section 129 or section 130 c no officer of the armed forces acting under section 131 in good faith d no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence. 3 in this section and in the preceding sections of this chapter, a the expression armed forces means the military, naval and air forces, operating as land forces and includes any other armed forces of the union so operating b officer, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a noncommissioned officer and a nongazetted officer c member, in relation to the armed forces, means a person in the armed forces other than an officer.

section 136. of the code of criminal procedure : if such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the indian penal code 45 of , and the order shall be made absolute.

section 133. of the code of criminal procedure : 1 whenever a district magistrate or a subdivisional magistrate or any other executive magistrate specially empowered in this behalf by the state government, on receiving the report of a police officer or other information and on taking such evidence if any as he thinks fit, considers a that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public or b that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated or c that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped or d that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary or e that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public or f that any dangerous animal should be destroyed, confined or otherwise disposed of, such magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order i to remove such obstruction or nuisance or ii to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed or iii to prevent or stop the construction of such building, or to alter the disposal of such substance or iv to remove, repair or support such building, tent or structure, or to remove or support such trees or v to fence such tank, well or excavation or vi to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other executive magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. 2 no order duly made by a magistrate under this section shall be called in question in any civil court. explanation.a public place includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

section 134. of the code of criminal procedure : 1 the order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons. 2 if such order cannot be so served, it shall be notified by proclamation, published in such manner as the state government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for conveying the information to such person.

section 135. of the code of criminal procedure : the person against whom such order is made shall a perform, within the time and in the manner specified in the order, the act directed thereby or b appear in accordance with such order and show cause against the same.

section 140. of the code of criminal procedure : 1 where the magistrate directs a local investigation by any person under section 139, the magistrate may a furnish such person with such written instructions as may seem necessary for his guidance b declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. 2 the report of such person may be read as evidence in the case. 3 where the magistrate summons and examines an expert under section 139, the magistrate may direct by whom the costs of such summoning and examination shall be paid.

section 137. of the code of criminal procedure : 1 where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the magistrate shall, before proceeding under section 138, inquire into the matter. 2 if in such inquiry the magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent court and, if he finds that there is no such evidence, he shall proceed as laid down in section 138. 3 a person who has, on being questioned by the magistrate under subsection 1, failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

section 138. of the code of criminal procedure : 1 if the person against whom an order under section 133 is made appears and shows cause against the order, the magistrate shall take evidence in the matter as in a summonscase. 2 if the magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification. 3 if the magistrate is not so satisfied, no further proceedings shall be taken in the case.

section 139. of the code of criminal procedure : the magistrate may, for the purposes of an inquiry under section 137 or section 138 a direct a local investigation to be made by such person as he thinks fit or b summon and examine an expert.

section 144. of the code of criminal procedure : 1 in cases where, in the opinion of a district magistrate, a subdivisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. 2 an order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. 3 an order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. 4 no order under this section shall remain in force for more than two months from the making thereof: provided that, if the state government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the magistrate would have, but for such order, expired, as it may specify in the said notification. 5 any magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any magistrate subordinate to him or by his predecessorinoffice. 6 the state government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to subsection 4. 7 where an application under subsection 5 or subsection 6 is received, the magistrate, or the state government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order and if the magistrate or the state government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

section 141. of the code of criminal procedure : 1 when an order has been made absolute under section 136 or section 138, the magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the indian penal code 45 of . 2 if such act is not performed within the time fixed, the magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such magistrates local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the magistrate within whose local jurisdiction the property to be attached is found. 3 no suit shall lie in respect of anything done in good faith under this section.

section 142. of the code of criminal procedure : 1 if a magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. 2 in default of such person forthwith obeying such injunction, the magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. 3 no suit shall lie in respect of anything done in good faith by a magistrate under this section.

section 147. of the code of criminal procedure : 1 whenever an executive magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his court in person or by pleader on a specified date and time and to put in written statements of their respective claims. explanation.the expression land or water has the meaning given to it in subsection 2 of section 145. 2 the magistrate shall then persue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists and the provisions of section 145 shall, so far as may be, apply in the case of such inquiry. 3 if it appears to such magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under subsection 1 of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. 4 when in any proceedings commenced under subsection 1 of section 145 the magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under subsection 1 and when in any proceedings commenced under subsection 1 the magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced under subsection 1 of section 145. state amendment maharashtra amendment of section 147 of act 2 of .in section 147 of the said code, in subsection 1, for the words whenever an executive magistrate the words whenever in greater bombay, a metropolitan magistrate and elsewhere in the state, an executive magistrate shall be substituted. vide maharashtra act 1 of , s. 3

section 143. of the code of criminal procedure : a district magistrate or subdivisional magistrate, or any other executive magistrate empowered by the state government or the district magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the indian penal code 45 of , or any special or local law.

section 150. of the code of criminal procedure : show related subordinates every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

section 144a.power to prohibit carrying arms in procession or mass drill or mass training with arms. of the code of criminal procedure : 1144a. power to prohibit carrying arms in procession or mass drill or mass training with arms.1 the district magistrate may, whenever he considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any procession or the organising or holding of, or taking part in, any mass drill or mass training with arms in any public place. 2 a public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. 3 no public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made. 4 the state government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the district magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was issued or made by the district magistrate would have, but for such direction, expired, as it may specify in the said notification. 5 the state government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under subsection 4 to the district magistrate. explanation.the word arms shall have the meaning assigned to it in section 153aa of the indian penal code 45 of . 1. ins. by act 25 of , s. 16 date yet to be notified, see appendix

section 146. of the code of criminal procedure : 1 if the magistrate at any time after making the order under subsection 1 of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof: provided that such magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. 2 when the magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any civil court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the magistrate, all the powers of a receiver appointed under the code of civil procedure, 5 of : provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any civil court, the magistrate a shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the civil court and shall thereafter discharge the receiver appointed by him b may make such other incidental or consequential orders as may be just.

section 145. procedure where dispute concerning land or water is likely to cause breach of peace of the code of criminal procedure : 1 whenever an executive magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. 2 for the purposes of this section, the expression land or water includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. 3 a copy of the order shall be served in the manner provided by this code for the service of a summons upon such person or persons as the magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. 4 the magistrate shall then, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under subsection 1, in possession of the subject of dispute: provided that if it appears to the magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the magistrate, or after that date and before the date of his order under subsection 1, he may treat the party so dispossessed as if that party had been in possession on the date of his order under subsection 1. 5 nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed and in such case the magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the magistrate under subsection 1 shall be final. 6 a if the magistrate decides that one of the parties was, or should under the proviso to subsection 4 be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction and when he proceeds under the proviso to subsection 4, may restore to possession the party forcibly and wrongfully dispossessed. b the order made under this subsection shall be served and published in the manner laid down in subsection 3. 7 when any party to any such proceeding dies, the magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. 8 if the magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the saleproceeds thereof, as he thinks fit. 9 the magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. 10 nothing in this section shall be deemed to be in derogation of powers of the magistrate to proceed under section 107. state amendment maharashtra amendment of section 145 of act 2 of .in section 145 of the code of criminal procedure, 2 of , in its application to the state of maharashtra hereinafter referred to as the said code, a in subsection 1 for the words whenever an executive magistrate he words whenever in greater bombay, a metropolitan magistrate and elsewhere in the state, an executive magistrate shall be substituted b for subsection 10, the following subsection shall be substituted, namely: 10 in the case of an executive magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under section 107. in the case of a metropolitan magistrate taking action under this section, if at any state of the proceeding , he is of the opinion that the dispute calls for an action under section 107, he shall, after recording his reasons, forward the necessary information to the executive magistrate having jurisdiction, to enable him to proceed under that section.. vide maharashtra act 1 of , s. 2

section 148. of the code of criminal procedure : 1 whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a district magistrate or subdivisional magistrate may depute any magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. 2 the report of the person so deputed may be read as evidence in the case. 3 when any costs have been incurred by any party to a proceeding under section 145, section 146 or section 147, the magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders fees, which the court may consider reasonable.

section 149. of the code of criminal procedure : show related subordinates every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

section 151. of the code of criminal procedure : show related subordinates 1 a police officer knowing of a design to commit any cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. 2 no person arrested under subsection 1 shall be detained in custody for a period exceeding twentyfour hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this code or of any other law for the time being in force.

section 152. of the code of criminal procedure : show related subordinates a police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.

section 154. of the code of criminal procedure : 1 every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf: 1provided that if the information is given by the woman against whom an offence under section 326a, section 326b, section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code 45 of is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: provided further that a in the event that the person against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, 2section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db, section 376e or section 509 of the indian penal code 45 of is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such persons choice, in the presence of an interpreter or a special educator, as the case may be b the recording of such information shall be video graphed c the police officer shall get the statement of the person recorded by a judicial magistrate under clause a of subsection 5a of section 164 as soon as possible. b the recording of such information shall be videographed c the police officer shall get the statement of the person recorded by a judicial magistrate under clause a of subsection 5a of section 164 as soon as possible. 2 a copy of the information as recorded under subsection 1shall be given forthwith, free of cost, to the informant. 3 any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection 1 may send the substance of such information, in writing and by post, to the superintendent of police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence. state amendments chhattisgarh in first proviso to subsection 1 of section 154 of the code of criminal procedure hereinafter referred to as the code for the words and figure or section 509 the words, figures, letters and punctuations, section 509, section 509a or section 509b shall be substituted. vide chhattisgarh act 25 of , sec. 7. arunachal pradesh amendment of section 154.in the first proviso to subsection 1 of section 154 of the principal act, for the words, figures and letters section 326a, section 326b, section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code the words, figures and letters section 326a, section 326b section 354, section 354a, section 354b, section 354c, section 354d section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da, section 376e or section 509 of the indian penal code shall be substituted. in the subproviso a of the second proviso to subsection 1 of section 154 of the principal act, for the words, figures and letters section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code the words, figures and letters section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da, section 376e or section 509 of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 13 1. ins. by act 13 of , s. 13 w.e.f. . 2. subs. by act 22 of , s. 11, for section 376a, section 376b, section 376c, section 376d w.e.f. .

section 153. of the code of criminal procedure : 1 any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false. 2 if he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a magistrate having jurisdiction.

section 155. of the code of criminal procedure : 1 when information is given to an officer in charge of a police station of the commission within the limits of such station of a noncognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the state government may prescribe in this behalf, and refer the informant to the magistrate. 2 no police officer shall investigate a noncognizable case without the order of a magistrate having power to try such case or commit the case for trial. 3 any police officer receiving such order may exercise the same powers in respect of the investigation except the power to arrest without warrant as an officer in charge of a police station may exercise in a cognizable case. 4 where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are noncognizable.

section 156. of the code of criminal procedure : 1 any officer in charge of a police station may, without the order of a magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of chapter xiii. 2 no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. 3 any magistrate empowered under section 190 may order such an investigation as abovementioned. state amendment maharashtra amendment of section 156.in section 156 of the code of criminal procedure, , 2 of in its application to the state of maharashtra hereinafter referred to as the said code, after subsection 3, the following provisos shall be added, namely: provided that, no magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the code of criminal procedure, 2 of or under any law for the time being in force: provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.. vide maharashtra act 33 of , s. 2.

section 157. of the code of criminal procedure : 1 if, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the state government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: provided that a when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot b if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. 1provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality. 2 in each of the cases mentioned in clauses a and b of the proviso to subsection 1, the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause b of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the state government, the fact that he will not investigate the case or cause it to be investigated. 1. ins. by act 5 of , s.11 w.e.f. .

section 160. of the code of criminal procedure : 1 any police officer making an investigation under this chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case and such person shall attend as so required: provided that no male person 1under the age of fifteen years or above the age of sixtyfive years or a woman or a mentally or physically disabled person shall be required to attend at any place other than the place in which such male person or woman resides. 2 the state government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under subsection 1 at any place other than his residence. 1. subs. by act 13 of , s. 14, for under the age of fifteen years or woman w.e.f. .

section 158. of the code of criminal procedure : 1 every report sent to a magistrate under section 157 shall, if the state government so directs, be submitted through such superior officer of police as the state government, by general or special order, appoints in that behalf. 2 such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the magistrate.

section 159. of the code of criminal procedure : such magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this code.

section 161. of the code of criminal procedure : 1 any police officer making an investigation under this chapter, or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. 2 such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. 3 the police officer may reduce into writing any statement made to him in the course of an examination under this section and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. 1provided that statement made under this subsection may also be recorded by audiovideo electronic means: 2provided further that the statement of a woman against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 376, 3section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db, section 376e or section 509 of the indian penal code 45 of is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer. state amendments chhattisgarh the second proviso to subsection 3 of section 161 of the code, shall be substituted with the following proviso, namely: provided further that statement of the woman against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 354e, section 376, section 376a, section 376b, section 376c, section 376d, section 376e, section 509, section 509a or section 509b of the indian penal code, is alleged to have been committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audiovideo means, as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the woman. vide chhattisgarh act 25 of , s. 8 arunachal pradesh amendment of section 161.in the second proviso to subsection 3, of section 161 of the principal act, for the words, figures and letters section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code the words, figures and letters namely section 354, section 354a, section 354b, section 354c, section 354d, section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da, section 376e or section 509 of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 14 1. ins. by act 5 of , s. 12 w.e.f. . 2. ins. by act 13 of , s. 15 w.e.f. . 3. subs. by act 22 of , s. 12, for section 376a section 376b, section 376c, section 376d w.e.f. .

section 162. of the code of criminal procedure : 1 no statement made by any person to a police officer in the course of an investigation under this chapter, shall, if reduced to writing, be signed by the person making it nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act , 1 of and when any part of such statement is so used, any part thereof may also be used in the reexamination of such witness, but for the purpose only of explaining any matter referred to in his crossexamination. 2 nothing in this section shall be deemed to apply to any statement falling within the provisions of clause 1 of section 32 of the indian evidence act, 1 of or to affect the provisions of section 27 of that act. explanation.an omission to state a fact or circumstance in the statement referred to in subsection 1 may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

section 166a. of the code of criminal procedure : 1166a. letter of request to competent authority for investigation in a country or place outside india 1 notwithstanding anything contained in this code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside india, any criminal court may issue a letter of request to a court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the court issuing such letter. 2 the letter of request shall be transmitted in such manner as the central government may specify in this behalf. 3 every statement recorded or document or thing received under subsection 1 shall be deemed to be the evidence collected during the course of investigation under this chapter. 1. ins. by act 10 of , s. 2 w.e.f.

section 163. of the code of criminal procedure : 1 no police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the indian evidence act, 1 of . 2 but no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this chapter any statement which he may be disposed to make of his own free will: provided that nothing in this subsection shall affect the provisions of subsection 4 of section 164.

section 164. of the code of criminal procedure : 1 any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: 1provided that any confession or statement made under this subsection may also be recorded by audiovideo electronic means in the presence of the advocate of the person accused of an offence: provided further that no confession shall be recorded by a police officer on whom any power of a magistrate has been conferred under any law for the time being in force. 2 the magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him and the magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. 3 if at any time before the confession is recorded, the person appearing before the magistrate states that he is not willing to make the confession, the magistrate shall not authorise the detention of such person in police custody. 4 any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession and the magistrate shall make a memorandum at the foot of such record to the following effect: i have explained to name that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and i believe that this confession was voluntarily made. it was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. signed a. b. magistrate. 5 any statement other than a confession made under subsection 1 shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the magistrate, best fitted to the circumstances of the case and the magistrate shall have power to administer oath to the person whose statement is so recorded. 25a a in cases punishable under section 354, section 354a, section 354b, section 354c, section 354d, subsection 1 or subsection 2 of section 376, 3section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db, section 376e or section 509 of the indian penal code 45 of , the judicial magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in subsection 5, as soon as the commission of the offence is brought to the notice of the police: provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the magistrate shall take the assistance of an interpreter or a special educator in recording the statement: provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed. b a statement recorded under clause a of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examinationinchief, as specified in section 137 of the indian evidence act, 1 of such that the maker of the statement can be crossexamined on such statement, without the need for recording the same at the time of trial. 6 the magistrate recording a confession or statement under this section shall forward it to the magistrate by whom the case is to be inquired into or tried.. state amendment chhattisgarh in clause a of subsection 5a of section 164 of the code, for the words and figures or section 509 the punctuation, words and figures, section 376f, section 509, section 509a or section 509b shall be substituted. vide chhattisgarh act 25 of , s. 9 union territories of andaman and nicobar islands, dadra and nagar haveli and lakshadweep after subsection 1 of section 164, the following subsection shall be inserted, namely: 1a where in any island, there is no judicial magistrate for the time being, and the state government is of opinion that it is necessary and expedient so to do, that government may, after consulting the high court, specially empower any executive magistrate not being a police officer, to exercise the powers conferred by subsection 1 on a judicial magistrate, and thereupon references in section 164 to a judicial magistrate shall be construed as references to the executive magistrate so empowered. vide the code of criminal procedure amendment regulation, act 1 of , s. 5. arunachal pradesh amendment of section 164.in clause a of subsection 5a of section 164, for the words, figures and letters section 354, section 354a, section 354b, section 354c, section 354d, sectionsection 1 of subsection 2 of section 376, section 376a, section 376b, section 376c, section 376d, section 376e or section 509 of the indian penal code the words , figures and letters section 354, section 354a, section 354b, section 354c, section 354d, subsection 1 of subsection 2 of section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da, section 376e or section 509 of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 15 1. subs. by act 5 of , s.13 w.e.f. . 2. ins. by act 13 of , s. 16 w.e.f. . 3. subs. by act 22 of , s. 13, for section 376a, section 376b, section 376c, section 376d w.e.f. .

section 164a. of the code of criminal procedure : 1164a. medical examination of the victim of rape. 1 where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twentyfour hours from the time of receiving the information relating to the commission of such offence. 2 the registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely: i the name and address of the woman and of the person by whom she was brought ii the age of the woman iii the description of material taken from the person of the woman for dna profiling iv marks of injury, if any, on the person of the woman v general mental condition of the woman and vi other material particulars in reasonable detail. 3 the report shall state precisely the reasons for each conclusion arrived at. 4 the report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. 5 the exact time of commencement and completion of the examination shall also be noted in the report. 6 the registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the magistrate referred to in section 173 as part of the documents referred to in clause a of subsection 5 of that section. 7 nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. explanation.for the purposes of this section, examination and registered medical practitioner shall have the same meanings as in section 53. state amendments chhattisgarh. in section 164a, except explanation clause, of the code, for the words registered medical practitioner, where it occurs for the first time, the words female registered medical practitioner shall be substituted. vide chhattisgarh act 25 of s. 10. 1. ins. by act 25 of , s. 17 w.e.f. .

section 165. of the code of criminal procedure : 1 whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station. 2 a police officer proceeding under subsection 1, shall, if practicable, conduct the search in person. 3 if he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made and such subordinate officer may thereupon search for such thing in such place. 4 the provisions of this code as to searchwarrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section. 5 copies of any record made under subsection 1 or subsection 3 shall forthwith be sent to the nearest magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the magistrate.

section 166. of the code of criminal procedure : 1 an officer in charge of a police station or a police officer not being below the rank of subinspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. 2 such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made. 3 whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under subsection 1 might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 165, as if such place were within the limits of his own police station. 4 any officer conducting a search under subsection 3 shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list if any prepared under section 100, and shall also send to the nearest magistrate empowered to take cognizance of the offence, copies of the records referred to in subsections 1 and 3 of section 165. 5 the owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the magistrate under subsection 4.

section 166b. of the code of criminal procedure : 1166b. letter of request from a country or place outside india to a court or an authority for investigation in india.1 upon receipt of a letter of request from a court or an authority in a country or place outside india competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the central government may, if it thinks fit i forward the same to the chief metropolitan magistrate or chief judicial magistrate or such metropolitan magistrate or judicial magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced or ii send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within india. 2 all the evidence taken or collected under subsection 1, or authenticated copies thereof or the thing so collected, shall be forwarded by the magistrate or police officer, as the case may be, to the central government for transmission to the court or the authority issuing the letter of request, in such manner as the central government may deem fit.

section 167. of the code of criminal procedure : 1 whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twentyfour hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of subinspector, shall forthwith transmit to the nearest judicial magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such magistrate. 2 the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a magistrate having such jurisdiction: provided that 1a the magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding i ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years ii sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this subsection shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter 2b no magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage c no magistrate of the second class, not specially empowered in this behalf by the high court, shall authorise detention in the custody of the police. 3explanation i.for the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph a, the accused shall be detained in custody so long as he does not furnish bail. 4explanation ii.if any question arises whether an accused person was produced before the magistrate as required under clause b, the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be. 5provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution. 62a notwithstanding anything contained in subsection 1 or subsection 2, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a subinspector, may, where a judicial magistrate is not available, transmit to the nearest executive magistrate, on whom the powers of a judicial magistrate or metropolitan magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such executive magistrate, and thereupon such executive magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a magistrate competent to make such order and, where no order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an executive magistrate under this subsection, shall be taken into account in computing the period specified in paragraph a of the proviso to subsection 2: provided that before the expiry of the period aforesaid, the executive magistrate shall transmit to the nearest judicial magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. 3 a magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. 4 any magistrate other than the chief judicial magistrate making such order shall forward a copy of his order, with his reasons for making it, to the chief judicial magistrate. 5 if in any case triable by a magistrate as a summonscase, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. 6 where any order stopping further investigation into an offence has been made under subsection 5, the sessions judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under subsection 5 and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. state amendments gujarat in the proviso to subsection 2 of section 167 of the code of criminal procedure, , in its application to the state of gujarat, i for paragraph a, the following paragraph shall be substituted, namely: a the magistrate may authorise detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding i one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, ii sixty days, where the investigation relates to any offence and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused person shall be released on bail if he is prepared to and does furnish bail and every person released on bail under this section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter ii in paragraph b, for the words no magistrate shall the words no magistrate shall, except for reason to be recorded in writing shall be substituted iii the explanation shall be numbered as explanation ii, and before explanation ii as so numbered, the following explanation shall be inserted, namely: explanation i. for the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph a, the accused person shall be detained in custody so long as he does not furnish bail. amendment to apply to pending investigation.the provisions of section 167 of the code of criminal procedure, , as amended by this act, shall apply to every investigation pending immediately before the commencement of this act, if the period of detention of the accused person, otherwise than in the custody of the police, authorised under that section, had not, at such commencement, exceeded sixty days. vide gujarat act 21 of , s. 2 3 gujarat in section 167, in subsection 2 : 1 in the proviso, for paragraph b, the following paragraph shall be substituted, namely: b no magistrate shall authorise further detention in any custody under this section unless i where the accused is in the custody of police, he is produced in person before the magistrate, and ii where the accused is otherwise than in the custody of the police, he is produced before the magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the magistrate. 2 in explanation ii, after the words whether an accused person was produced before the magistrate, the words in person or, as the case may be, through the medium of electronic video linkage shall be inserted. vide gujarat act 31 of , s. 2. chhattisgarh. 1 in clause b of subsection 2 of section 167 of the principal act, for the word any the word police shall be substituted.. 2 after clause b of subsection 2 of section 167 of the principal act, the following new subclause bb shall be added, namely:. bb no magistrate shall authorise detention of the accused person other than in the custody of the police under this section unless the accused is produced before him either in person of through the medium of electronic video linkage and represented by his pleader in the court.. 3 in explanation ii, after words was produced the word from police custody shall be added.. 4 after explanation ii, the following new explanation shall be added:. iii. if any question arises whether an accused person was produced from otherwise than in the custody of the police in person or as the case may be through medium of electronic video linkage before the magistrate as required under paragraph bb, the production of the accused person may be proved by his or his pleaders signature on the order authorising detention.. vide chhattisgarh act 13 of , sec. 3 . union territories of andaman and nicobar islands, dadra and nagar haveli and lakshadweep in section 167, i in subsection 1 after the words nearest judicial magistrate the words or, if there is no judicial magistrate in an island, to an executive magistrate functioning in that island shall be inserted ii after subsection 1, the following subsection shall be inserted, namely: 1a where a copy of the entries in diary is transmitted to an executive magistrate, reference in section 167 to a magistrate shall be construed as references to such executive magistrate iii to subsection 3, the following proviso shall be added, namely: provided that no executive magistrate other than the district magistrate or subdivisional magistrate, shall unless he is specially empowered in this behalf by the state government, authorise detention in the custody of the police. iv to subsection 4, the following proviso shall be added, namely: provided that, where such order is made by an executive magistrate, the magistrate making the order shall forward a copy of the order, with his reasons for making it, to the executive magistrate to whom he is immediately subordinate. vide the code of criminal procedure amendment regulation, act 1 of , s. 5. maharashtra amendment of section 167. in section 167 of the code of criminal procedure, , 2 of in its application to the state of maharashtra, a in subsection 2 in the proviso, for paragraph b, the following paragraph shall be substituted, namely: b no magistrate shall authorise detention in any custody, of the accused person under this section unless, the accused person is produced before him in person, and for any extension of custody otherwise than the extension in the police custody, the accused person may be produced either in person or through the medium of electronic video linkage. b in explanation ii, for the words an accused person was produced, the words an accused person was produced in person or as the case may be, through the medium of electronic video linkage shall be substituted. vide maharashtra act 8 of , s. 2 madhya pradesh amendment of section 167.in subsection 2 of section 167 of the principal act. i in the proviso, for paragraph b, the following paragraph shall be substituted, namely: b no magistrate shall authorise detention in any custody under this section unless the accused is produced before him in person for the first time and subsequently every time till such time the accused remains in the custody of police, but the magistrate may extend further detention in judicial custody on production of accused either in person or through the medium of electronic video linkage ii for explanation ii, the following explanation shall be substituted, namely: explanation ii.if any question arise whether an accused person was produced before the magistrate as required under paragraph b, the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.. vide madhya pradesh act 2 of , s. 3. west bengal in section 167 of the principal act, a in section 167 of subsection 5, the following subsection shall be substituted: 5 if, in respect of i any case triable by a magistrate as a summons case, the investigation is not concluded within a period of six months, or ii any case exclusively triable by a court of session or a case under chapter xviii of the indian penal code 45 of , the investigation is not concluded within a period of three years, or iii any case other than those mentioned in clauses i and ii, the investigation is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this subsection is necessary. b in subsection 6, after the words any order stopping further investigation into an offence has been made the words and the accused has been discharged shall be inserted. vide west bengal act 24 of , s. 4. west bengal amendment of section 167. in the proviso to subsection 2 of section 167 of the principal act, for clause b, the following clause shall be substituted: b no magistrate shall authorize detention under this section i in the police custody, unless the accused is produced before him in person every time till the accused is in police custody ii in the judicial custody, unless the accused is produced before him either in person or through the medium of electronic video linkage. vide west bengal act 20 of , s. 3. assam in section 167 of the code: a in subsection i the reference to judicial magistrate shall be construed as reference also to executive magistrate b in subsection 2: i for the word magistrate at the first two places where that word is preceded by the definite article, the words judicial magistrate or the executive magistrate, as the case may be, shall be substituted ii for the word magistrate, at the place where that word is preceded by the indefinite article a, the words and brackets magistrate whether judicial or executive shall be substituted iii paragraph c of the proviso shall be omitted c subsection 2a shall be omitted: d in subsection 4, for the words to the chief judicial magistrate, the words where such magistrate is a judicial magistrate, to the chief judicial magistrate and where such magistrate is an executive magistrate to the session judge shall be substituted. vide assam act 3 of , s. 33 and the schedule. delhi in its application to the state of delhi, in section 167, in subsection 2: i for clause b, substitute the following clause, namely: b no magistrate shall authorise detention in any custody under this section unless the accused is produced before him either in person or through the medium of electronic video linkage: provided that if the accused is in police custody, no magistrate shall authorise his detention in any custody unless the accused is produced before him in person ii for the explanation ii thereunder, substitute the following explanation, namely: explanation ii. if any question arises whether an accused person was produced in person or, as the case may be, through the medium of electronic video linkage before the magistrate as required under paragraph b, the production of the accused person may be proved by his signature on the order authorising his detention or by video recording of the proceedings, as the case may be.. vide delhi act 4 of , s. 2 w.e.f. . orissa amendment of section 167.in the proviso to subsection 2 of section 167 of the code of criminal procedure, 2 of , i for paragraph b, the following paragraph shall be substituted, namely: b no magistrate shall authorize detention of the accused in custody of the police under this section unless the accused in produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage, and ii for explanation ii, the following explanation shall be substituted, namely: explanation ii if any question arises whether an accused person was produced before the magistrate as required under paragraph b, the production of the accused person may be proved by his signature on the order authorizing detention or by the order certified by the magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.. vide orissa act 16 of , s. 2 amendment of section 167. in section 167 of the code of criminal procedure, , in paragraph a of the proviso to subsection 2, i for the words under this paragraph the words under this section shall be substituted and ii for the words ninety days wherever they occur, the words one hundred and twenty days shall be substituted. vide orissa act 11 of , s. 2 andhra pradesh and telangana amendment of section 167, central act 2 of .in the code of criminal procedure, , in section 167 in its application to the state of andhra pradesh, in subsection 2, i to clause b, the following shall be added at the end, namely: either in person or through the medium of electronic video linkage: ii in the explanation ii thereunder, for the words an accused person was produced, the words an accused person was produced in person or as the case may be through the medium of electronic video linkage shall be substituted. vide andhra pradesh act 31 of , s. 2 manipur in section 167 of the code, after subsection 6, the following subsection shall be added, namely: 7 a specified executive magistrate shall, to the exclusion of any other magistrate, have power to authorise detention under this section of any person accused of any offences specified in clause a of subsection 1 of section 4 of the code of criminal procedure manipur second amendment act, and as respects those offences, i the reference in the foregoing subsections to a magistrate or judicial magistrate shall b construed as reference to a specified executive magistrate ii paragraph c of the proviso to subsection 2 shall be deemed to have been omitted iii subsection 2a shall be deemed to have been omitted iv the words other than the chief judicial magistrate in subsection 4, shall be deemed to have been omitted and for the words to the chief judicial magistrate in that subsection, the words to the sessions judge shall be deemed to have been substituted.. vide manipur act 3 of , s. 42 and the schedule meghalaya amendment of section 167 of the code.in section 167 of the code a in subsection 1 i for the words nearest judicial magistrate the words deputy commissioner or assistant to the deputy commissioner shall be substituted. ii for the words such magistrate occurring at the end, the word him shall be substituted. b in subsection 2, for the word magistrate occurring at the beginning, the words deputy commissioner and for the words such magistrate occurring between the words as and thinks the word he shall substituted. c in the provisos a, b and the explanation below proviso c, to subsection 2 for the word magistrate wherever it occurs the words deputy commissioner or assistant to the deputy commissioner shall substituted. d in the proviso c to subsection 2, for the word magistrate the words assistant to the deputy commissioner shall be substituted. e in subsection 3, for the words a magistrate the words deputy commissioner or assistant to the deputy commissioner shall be substituted. f that for subsection 4, the following shall be substituted, namely 4 any assistant to the deputy commissioner making such order shall forward a copy of his order, with his reasons for making it, to the deputy commissioner. g in subsection 5, for the words a magistrate occurring at the beginning and magistrate occurring elsewhere, the words an assistant to the deputy commissioner and assistant to the deputy commissioner respectively shall be substituted. h in subsection 6 for the words sessions judge the words deputy commissioner shall be substituted. vide meghalaya act 4 of , s. 4 uttar pradesh after section 167 of the code of criminal procedure, as amended in its application to uttar pradesh, the following section shall be inserted, namely : 167a. for the avoidance of doubts, it is hereby declared that the provisions of section 167 shall, so far as may be apply also in relation to any person arrested by, or under any order or direction of, a magistrate, whether executive or judicial. vide uttar pradesh act 18 of , s. 2 1. subs. by act 45 of , s. 13, for paragraph a w.e.f. . 2. subs. by act 5 of , s. 14, for cl. b w.e.f. 3. ins. by act 45 of , s. 13 w.e.f. . 4. subs. by act 5 of , s.14, for explanation ii w.e.f. 5. ins. by act 5 of , s.14 w.e.f. . 6. ins. by act 45 of , s.13 w.e.f. .

section 168. of the code of criminal procedure : when any subordinate police officer has made any investigation under this chapter, he shall report the result of such investigation to the officer in charge of the police station.

section 169. of the code of criminal procedure : if, upon an investigation under this chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

section 170. of the code of criminal procedure : 1 if, upon an investigation under this chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such magistrate on a day fixed and for his attendance from day to day before such magistrate until otherwise directed. 2 when the officer in charge of a police station forwards an accused person to a magistrate or takes security for his appearance before such magistrate under this section, he shall send to such magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant if any and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the magistrate as thereby directed and prosecute or give evidence as the case may be in the matter of the charge against the accused. 3 if the court of the chief judicial magistrate is mentioned in the bond, such court shall be held to include any court to which such magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. 4 the officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the magistrate the original with his report.

section 171. of the code of criminal procedure : no complainant or witness on his way to any court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

section 174. of the code of criminal procedure : 1 when the officer in charge of a police station or some other police officer specially empowered by the state government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest executive magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the state government, or by any general or special order of the district or subdivisional magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument if any such marks appear to have been inflicted. 2 the report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the district magistrate or the subdivisional magistrate. 31when i the case involves suicide by a woman within seven years of her marriage or ii the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman or iii the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf or iv there is any doubt regarding the cause of death or v the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the state government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest civil surgeon, or other qualified medical man appointed in this behalf by the state government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. 4 the following magistrates are empowered to hold inquests, namely, any district magistrate or subdivisional magistrate and any other executive magistrate specially empowered in this behalf by the state government or the district magistrate. 1. subs. by act 46 of , s. 3, for certain words w.e.f. .

section 172. of the code of criminal procedure : 1 every police officer making an investigation under this chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. 11a the statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary. 1b the diary referred to in subsection 1 shall be a volume and duly paginated. 2 any criminal court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. 3 neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the court but, if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the indian evidence act, 1 of , shall apply. 1. ins. by act 5 of , s.15 w.e.f.

section 182. of the code of criminal procedure : 1 any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any court within whose local jurisdiction such letters or messages were sent or were received and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. 2 any offence punishable under section 494 or section 495 of the indian penal code 45 of may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1 , or the wife by the first marriage has taken up permanent residence after the commission of the offence. 1.ins. by act 45 of , s. 15 w.e.f. 18.12..

section 175. of the code of criminal procedure : 1 a police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. 2 if the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a magistrates court.

section 181. of the code of criminal procedure : 1 any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the accused person is found. 2 any offence of kidnapping or abduction of a person may be inquired into or tried by a court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. 3 any offence of theft, extortion or robbery may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. 4 any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. 5 any offence which includes the possession of stolen property may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

section 178. of the code of criminal procedure : a when it is uncertain in which of several local areas an offence was committed, or b where an offence is committed partly in one local area and partly in another, or c where an offence is a continuing one, and continues to be committed in more local areas than one, or d where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.

section 176. of the code of criminal procedure : 112 when the case is of the nature referred to in clause i or clause ii of subsection 3 of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in subsection 1 of section 174, any magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. 31a where, a any person dies or disappears, or b rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the magistrate or the court, under this code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the judicial magistrate or the metropolitan magistrate, as the case may be, within whose local jurisdiction the offence has been committed. 2 the magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case. 3 whenever such magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the magistrate may cause the body to be disinterred and examined. 4 where an inquiry is to be held under this section, the magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. 35 the judicial magistrate or the metropolitan magistrate or executive magistrate or police officer holding an inquiry or investigation, as the case may be, under subsection 1a shall, within twentyfour hours of the death of a person, forward the body with a view to its being examined to the nearest civil surgeon or other qualified medical person appointed in this behalf by the state government, unless it is not possible to do so for reasons to be recorded in writing. explanation.in this section, the expression relative means parents, children, brothers, sisters and spouse. 1. subs. by, s. 4, ibid., for certain words w.e.f. . 2. certain words omitted by act 25 of , s. 18 w.e.f. . 3. ins. by act 25 of , s. 18 w.e.f. .

section 177. of the code of criminal procedure : every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

section 179. of the code of criminal procedure : when an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued.

section 180. of the code of criminal procedure : when an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the firstmentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done.

section 184. of the code of criminal procedure : where a the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 219, section 220 or section 221, or b the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 223, the offences may be inquired into or tried by any court competent to inquire into or try any of the offences.

section 183. of the code of criminal procedure : when an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.

section 185. of the code of criminal procedure : notwithstanding anything contained in the preceding provisions of this chapter, the state government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division: provided that such direction is not repugnant to any direction previously issued by the high court or the supreme court under the constitution, or under this code or any other law for the time being in force.

section 186. of the code of criminal procedure : where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided a if the courts are subordinate to the same high court, by that high court b if the courts are not subordinate to the same high court, by the high court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

section 187. of the code of criminal procedure : 1 when a magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction whether within or outside india an offence which cannot, under the provisions of sections 177 to 185 both inclusive, or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under some law for the time being in force triable in india, such magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the magistrate acting under this section, take a bond with or without sureties for his appearance before the magistrate having such jurisdiction. 2 when there are more magistrates than one having such jurisdiction and the magistrate acting under this section cannot satisfy himself as to the magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the high court.

section 189. of the code of criminal procedure : when any offence alleged to have been committed in a territory outside india is being inquired into or tried under the provisions of section 188, the central government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of india in or for that territory shall be received as evidence by the court holding such inquiry or trial in any case in which such court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

section 190. of the code of criminal procedure : 1 subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under subsection 2, may take cognizance of any offence a upon receiving a complaint of facts which constitute such offence b upon a police report of such facts c upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. 2 the chief judicial magistrate may empower any magistrate of the second class to take cognizance under subsection 1 of such offences as are within his competence to inquire into or try. state amendments maharashtra amendment of section 190. in section 190 of the said code, in subsection 1, after clause c, following provisos shall be added, namely: provided that, no magistrate shall take cognizance of any offence alleged to have been committed by any person who is or was a public servant as defined under any other law for the time being in force, while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the code of criminal procedure, 2 of or under any law for the time being in force: provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.. vide maharashtra act 33 of , s. 3. assam in section 190 of the code, in subsection 1, after the words any magistrate of the first class the words any executive magistrate shall be inserted vide assam act 3 of , s. 33 and the schedule. manipur in section 190 of the code, after subsection 2, the following subsection shall be added, namely: 3 any specified executive magistrate may, to the exclusion, of any other magistrate take cognizance, under subsection 1, of any offence specified in clause a of subsection 1 of section 4 of the code of criminal procedure manipur second amendment act , and the reference in subsection 1 of this section to a magistrate of the first class shall, in relation to such offence, be construed as reference to a specified executive magistrate.. vide manipur act 3 of , s. 42 and the schedule

section 191. of the code of criminal procedure : when a magistrate takes cognizance of an offence under clause c of subsection 1 of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the magistrate taking cognizance, the case shall be transferred to such other magistrate as may be specified by the chief judicial magistrate in this behalf. state amendment assam in section 191 of the code, the reference to chief judicial magistrate shall, in relation to an offence taken cognizance of by an executive magistrate, be construed as a reference to the district magistrate. vide assam act 3 of , s. 33 and the schedule. manipur in section 191 of the in section 191 of the code, the reference to chief judicial magistrate shall, in relation to an offence taken cognizance of by an specified executive magistrate, be construed as a reference to the district magistrate. vide manipur 3 of , s. 42 and the schedule

section 188. of the code of criminal procedure : when an offence is committed outside india a by a citizen of india, whether on the high seas or elsewhere or b by a person, not being such citizen, on any ship or aircraft registered in india, he may be dealt with in respect of such offence as if it had been committed at any place within india at which he may be found: provided that, notwithstanding anything in any of the preceding sections of this chapter, no such offence shall be inquired into or tried in india except with the previous sanction of the central government.

section 192. of the code of criminal procedure : 1 any chief judicial magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent magistrate subordinate to him. 2 any magistrate of the first class empowered in this behalf by the chief judicial magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent magistrate as the chief judicial magistrate may, by general or special order, specify, and thereupon such magistrate may hold the inquiry or trial. state amendment assam in section 192 of the code: i in subsection 1, after the word any the words district magistrate shall be inserted ii subsection 2 shall be substituted as follows: 2 any subdivisional magistrate or magistrate of the first class empowered in this behalf by district magistrate or chief judicial magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for enquiry or trial to such other competent magistrate as the district magistrate or chief judicial magistrate may, by general or special order, specify, and thereupon such magistrate may hold the enquiry or trail. vide assam act 3 of , s. 33 and the schedule. manipur in section 192 of the code, i in subsection 1, after the word any, the words district magistrate or shall be inserted ii for subsection 2, the following subsection shall be substituted namely: 2 any subdivisional magistrate who is a specified executive magistrate or any magistrate of the first class empowered in this behalf by the district magistrate or chief judicial magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for inquiry or trail to such other competent magistrate as the district magistrate or chief judicial magistrate may, by general or special order, specify, and thereupon such magistrate may hold the inquiry or trial.. vide manipur act 3 of , s. 42 and the schedule

section 193. of the code of criminal procedure : except as otherwise expressly provided by this code or by any other law for the time being in force, no court of session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under this code.

section 194. of the code of criminal procedure : as additional sessions judge or assistant sessions judge shall try such cases as the sessions judge of the division may, by general or special order, make over to him for trial or as the high court may, by special order, direct him to try.

section 195. of the code of criminal procedure : 1 no court shall take cognizance a i of any offence punishable under sections 172 to 188 both inclusive of the indian penal code, 45 of , or ii of any abetment of, or attempt to commit, such offence, or iii of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate b i of any offence punishable under any of the following sections of the indian penal code 45 of , namely, sections 193 to 196 both inclusive, 199, 200, 205 to 211 both inclusive and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or ii of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or iii of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in subclause i or subclause ii, 1except on the complaint in writing of that court or by such officer of the court as that court may authorise in writing in this behalf, or of some other court to which that court is subordinate. 2 where a complaint has been made by a public servant under clause a of subsection 1 any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court and upon its receipt by the court, no further proceedings shall be taken on the complaint: provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded. 3 in clause b of subsection 1, the term court means a civil, revenue or criminal court, and includes a tribunal constituted by or under a central, provincial or state act if declared by that act to be a court for the purposes of this section. 4 for the purposes of clause b of subsection 1, a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from the appealable decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate: provided that a where appeals lie to more than one court, the appellate court of inferior jurisdiction shall be the court to which such court shall be deemed to be subordinate b where appeals lie to a civil and also to a revenue court, such court shall be deemed to be subordinate to the civil or revenue court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. 1. subs. by act 2 of , s. 3, for certain words w.e.f. .

section 195a. of the code of criminal procedure : 1a witness or any other person may file a complaint in relation to an offence under section 195a of the indian penal code 45 of . 1. ins. by act 5 of , s.17 w.e.f. .

section 196. of the code of criminal procedure : 1 no court shall take cognizance of a any offence punishable under chapter vi or under section 153a,1section 295a or subsection 1 of section 505 of the indian penal code 45 of , or b a criminal conspiracy to commit such offence, or c any such abetment, as is described in section 108a of the indian penal code 45 of , except with the previous sanction of the central government or of the state government. 21a no court shall take cognizance of a any offence punishable under section 153b or subsection 2 or subsection 3 of section 505 of the indian penal code 45 of , or b a criminal conspiracy to commit such offence, except with the previous sanction of the central government or of the state government or of the district magistrate. 2 no court shall take cognizance of the offence of any criminal conspiracy punishable under section 120b of the indian penal code 45 of , other than a criminal conspiracy to commit 3 an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the state government or the district magistrate has consented in writing to the initiation of the proceedings: provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such consent shall be necessary. 3 the central government or the state government may, before according sanction 4under subsection 1 or subsection 1a and the district magistrate may, before according sanction under subsection 1a and the state government or the district magistrate may, before giving consent under subsection 2, order a preliminary investigation by a police officer not being below the rank of inspector, in which case such police officer shall have the powers referred to in subsection 3 of section 155. state amendment manipur in section 196 of the code, after subsection 3, the following subsection shall be added, namely: 4 no specified executive magistrate shall take cognizance of any offence except with the previous sanction of the state government or such other authority or officer as it may, by order published in the official gazette, specify.. vide manipur act 3 of , s. 42 and the schedule 1. subs. by act 63 of , s. 3, for section 153b, section 295a or section 505 w.e.f. . 2. ins. by s. 3, ibid. w.e.f. . 3. subs. by act 45 of , s. 16, for a cognizable offence w.e.f. . 4. subs. by act 63 of , s. 3, for under subsection 1 w.e.f. .

section 197. of the code of criminal procedure : 1 when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction 1save as otherwise provided in the lokpal and lokayuktas act, 1 of a in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government b in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a state, of the state government: 2provided that where the alleged offence was committed by a person referred to in clause b during the period while a proclamation issued under clause 1 of article 356 of the constitution was in force in a state, clause b will apply as if for the expression state government occurring therein, the expression central government were substituted. 3explanation.for the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166a, section 166b, section 354, section 354a, section 354b, section 354c, section 354d, section 370, section 375, 4section 376a, section 376ab, section 376c, section 376d, section 376da, section 376db or section 509 of the indian penal code 45 of . 2 no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government. 3 the state government may, by notification, direct that the provisions of subsection 2 shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that subsection will apply as if for the expression central government occurring therein, the expression state government were substituted. 53a notwithstanding anything contained in subsection 3, no court shall take cognizance of any offence, alleged to have been committed by any member of the forces charged with the maintenance of public order in a state while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause 1 of article 356 of the constitution was in force therein, except with the previous sanction of the central government. 3b notwithstanding anything to the contrary contained in this code or any other law, it is hereby declared that any sanction accorded by the state government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of august, and ending with the date immediately preceding the date on which the code of criminal procedure amendment act, 43 of , receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause 1 of article 356 of the constitution was in force in the state, shall be invalid and it shall be competent for the central government in such matter to accord sanction and for the court to take cognizance thereon. 4 the central government or the state government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such judge, magistrate or public servant is to be conducted, and may specify the court before which the trial is to be held. state amendment tripura. insertion of a new section 197ia.in the code of criminal procedure, , in section 197 after subsection i the following subsection shall be inserted, only for application in the state of tripura, namely: ia when as per provision of any relevant law for the time being in force a public servant referred to in subsection 1 b is directly appointed, transferred or posted by the state government in any local or other authorities including a government company, corporation or public sector undertaking, he shall be deemed to be employed in connection with the affairs of the state and no court shall take cognizance of any offence as referred to in subsection i without previous sanction of the state government. vide tripura act 6 of , s. 2 assam. in section 197 of the code. a in subsection 1, for the words in the discharge of the words in or in connection with the discharge of shall be substituted b in subsection 2, for the words in the discharge of the words in or in connection with the discharge of shall be substituted c after subsection 4, the fallowing subsections shall be inserted, namely: 5 notwithstanding anything contained in this code, a where a complaint is made to a court against a public servant belonging to any class or category specified under subsection 3 alleging that he has committed an offence, the court shall postpone the issue of process against the accused and make a reference to the state government or b where an accused, either by himself or through a pleader, claims before a court that he belongs to any class or category specified under subsection 3 and that the offence alleged to have been committed by him arose out of any action taken by him while acting or purporting to act in or in connection with the discharge of his official duty, the court shall forthwith stay further proceedings and make a reference to the state government. 6 i where a reference is received from a court under subsection 5, the state government shall issue a certificate to the court that the accused person was or was not acting or purporting to act in, or in connection with the discharge of his official duty. ii if the state government certifies that the accused was acting or purporting to act in or in connection with the discharge of his official duty, the court shall dismiss the complaint or discharge the accused: provided that the complainant may, within sixty days from the date of the issue of such certificate prefer an appeal to the high court against the certificate: provided further that the high court may entertain the appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period. iii if the state government certifies that the accused was not acting or purporting to act in or in connection with, the discharge of his official duty, the court may proceed further with the complaint in accordance with the provisions of this code. 7 the provisions of subsections 5 and 6 shall apply to all proceedings pending on the date of commencement of this act in respect of which a court had taken cognizance of an offence in accordance with the provisions of this code. vide assam act 3 of , s. 4. arunachal pradesh amendment of section 197.in the explanation to the section 197 of the principal act, for the words, figures and letters section 166a, section 166b, section 354, section 354a, section 354b, section 354c, section 354d, section 370, section 375, section 376, section 376a, section 376c, section 376d or section 509 of the indian penal code the words, figures and letters section 166a, section 166b, section 354, section 354a, section 354b, section 354c, section 354d, section 370, section 375, section 376, section 376a, section 376aa, section 376c, section 376d, section 376da or section 509 of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 17 1. ins. by act 1 of , s. 58 and the schedule w.e.f. . 2. added by act 43 of , s. 2 w.e.f. . 3. explanation ins. by act 13 of , s. 18 w.e.f. . 4. subs. by act 22 of , s. 15, for section 376a, section 376c, section 376d w.e.f. . 5. ins. by act 43 of , s. 2 w.e.f. .

section 198. of the code of criminal procedure : 1 no court shall take cognizance of an offence punishable under chapter xx of the indian penal code 45 of except upon a complaint made by some person aggrieved by the offence: provided that a where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf b where such person is the husband and he is serving in any of the armed forces of the union under conditions which are certified by his commanding officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of subsection 4 may make a complaint on his behalf c where the person aggrieved by an offence punishable under 1 section 494 or section 495 of the indian penal code 45 of is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her fathers or mothers brother or sister 2 , or, with the leave of the court, by any other person related to her by blood, marriage or adoption. 2 for the purposes of subsection 1, no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said code: provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf. 3 when in any case falling under clause a of the proviso to subsection 1, the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the court is satisfied that there is a guardian so appointed or declared, the court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard. 4 the authorisation referred to in clause b of the proviso to subsection 1, shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his commanding officer, and shall be accompanied by a certificate signed by that officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. 5 any document purporting to be such an authorisation and complying with the provisions of subsection 4, and any document purporting to be a certificate required by that subsection shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. 6 no court shall take cognizance of an offence under section 376 of the indian penal code 45 of , where such offence consists of sexual intercourse by a man with his own wife, the wife being under 3 eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. 7 the provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence. 1. subs. by act 45 of , s. 17, for section 494 w.e.f. . 2. ins. by s. 17, ibid. w.e.f. . 3. subs. by act 5 of , s. 18, for fifteen years of age w.e.f.

section 198a. of the code of criminal procedure : 1no court shall take cognizance of an offence punishable under section 498a of the indian penal code 45 of except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her fathers or mothers brother or sister or, with the leave of the court, by any other person related to her by blood, marriage or adoption. 1. ins. by act 46 of , s. 5 w.e.f. .

section 198b. of the code of criminal procedure : 1no court shall take cognizance of an offence punishable under section 376b of the indian penal code 45 of where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband. 1. ins. by act 13 of , s. 19 w.e.f. .

section 199. of the code of criminal procedure : 1 no court shall take cognizance of an offence punishable under chapter xxi of the indian penal code 45 of except upon a complaint made by some person aggrieved by the offence: provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf. 2 notwithstanding anything contained in this code, when any offence falling under chapter xxi of the indian penal code 45 of is alleged to have been committed against a person who, at the time of such commission, is the president of india, the vicepresident of india, the governor of a state, the administrator of a union territory or a minister of the union or of a state or of a union territory, or any other public servant employed in connection with the affairs of the union or of a state in respect of his conduct in the discharge of his public functions a court of session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the public prosecutor 3 every complaint referred to in subsection 2 shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. 4 no complaint under subsection 2 shall be made by the public prosecutor except with the previous sanction a of the state government, in the case of a person who is or has been the governor of that state or a minister of that government b of the state government, in the case of any other public servant employed in connection with the affairs of the state c of the central government, in any other case. 5 no court of session shall take cognizance of an offence under subsection 2 unless the complaint is made within six months from the date on which the offence is alleged to have been committed. 6 nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a magistrate having jurisdiction or the power of such magistrate to take cognizance of the offence upon such complaint.

section 200. of the code of criminal procedure : a magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses a if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint or b if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate makes over the case to another magistrate under section 192 after examining the complainant and the witnesses, the latter magistrate need not reexamine them.

section 201. of the code of criminal procedure : if the complaint is made to a magistrate who is not competent to take cognizance of the offence, he shall, a if the complaint is in writing, return it for presentation to the proper court with an endorsement to that effect b if the complaint is not in writing, direct the complainant to the proper court.

section 207. of the code of criminal procedure : in any case where the proceeding has been instituted on a police report, the magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: i the police report ii the first information report recorded under section 154 iii the statements recorded under subsection 3 of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under subsection 6 of section 173 iv the confessions and statements, if any, recorded under section 164 v any other document or relevant extract thereof forwarded to the magistrate with the police report under subsection 5 of section 173: provided that the magistrate may, after perusing any such part of a statement as is referred to in clause iii and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the magistrate thinks proper, shall be furnished to the accused: provided further that if the magistrate is satisfied that any document referred to in clause v is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in court.

section 202. of the code of criminal procedure : 1 any magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, 1 and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: provided that no such direction for investigation shall be made, a where it appears to the magistrate that the offence complained of is triable exclusively by the court of session or b where the complaint has not been made by a court, unless the complainant and the witnesses present if any have been examined on oath under section 200. 2 in an inquiry under subsection 1, the magistrate may, if he thinks fit, take evidence of witnesses on oath: provided that if it appears to the magistrate that the offence complained of is triable exclusively by the court of session, he shall call upon the complainant to produce all his witnesses and examine them on oath. 3 if an investigation under subsection 1 is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this code on an officer in charge of a police station except the power to arrest without warrant. 1. ins. by act 25 of , s. 19 w.e.f. .

section 203. of the code of criminal procedure : if, after considering the statements on oath if any of the complainant and of the witnesses and the result of the inquiry or investigation if any under section 202, the magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

section 209. of the code of criminal procedure : when in a case instituted on a police report or otherwise, the accused appears or is brought before the magistrate and it appears to the magistrate that the offence is triable exclusively by the court of session, he shall 1a commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the court of session, and subject to the provisions of this code relating to bail, remand the accused to custody until such commitment has been made b subject to the provisions of this code relating to bail, remand the accused to custody during, and until the conclusion of, the trial c send to that court the record of the case and the documents and articles, if any, which are to be produced in evidence d notify the public prosecutor of the commitment of the case to the court of session. state amendment gujarat in section 209 of the code of criminal procedure, , in its application to the state of gujarat, for clause a, the following clause shall be substituted, namely: a commit the case, after complying with the provisions of section 207 or section 208, as the case may be, to the court of session and, subject to the provisions of this code relating to bail, remand the accused to custody until such commitment has been made. vide gujarat act 30 of , s. 2. uttar pradesh in section 209 of the said code, for clauses a and b, the following clauses shall be substituted and be deemed always to have been substituted, namely : a as soon as may be after complying with the provisions of section 207, commit the case to the court of session b subject to the provisions of this code relating to bail, remand the accused to custody until commitment of the case under clause a and thereafter during, and until the conclusion of the trial. vide uttar pradesh act 16 of , s. 6 1. subs. by act 45 of , s. 19, for cl. a w.e.f.

section 204. of the code of criminal procedure : 1 if in the opinion of a magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be a a summonscase, he shall issue his summons for the attendance of the accused, or b a warrantcase, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such magistrate or if he has no jurisdiction himself some other magistrate having jurisdiction. 2 no summons or warrant shall be issued against the accused under subsection 1 until a list of the prosecution witnesses has been filed. 3 in a proceeding instituted upon a complaint made in writing, every summons or warrant issued under subsection 1 shall be accompanied by a copy of such complaint. 4 when by any law for the time being in force any processfees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the magistrate may dismiss the complaint. 5 nothing in this section shall be deemed to affect the provisions of section 87.

section 205. of the code of criminal procedure : 1 whenever a magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. 2 but the magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

section 206. of the code of criminal procedure : 1 if, in the opinion of a magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section or section 261, the magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the magistrate, to transmit before the specified date, by post or by messenger to the magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: provided that the amount of the fine specified in such summons shall not exceed 2 one thousand rupees. 2 for the purposes of this section, petty offence means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the motor vehicles act, 4 of 3 , or under any other law which provides for convicting the accused person in his absence on a plea of guilty. 43 the state government may, by notification, specially empower any magistrate to exercise the powers conferred by subsection 1 in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice. 1. ins. by act 25 of , s. 20 w.e.f. . 2. subs. by s. 20, ibid., for one hundred rupees w.e.f. . 3. now the motor vehicles act, 59 of . 4. ins. by act 45 of , s. 18 w.e.f. .

section 208. of the code of criminal procedure : where, in a case instituted otherwise than on a police report, it appears to the magistrate issuing process under section 204 that the offence is triable exclusively by the court of session, the magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following: i the statements recorded under section 200 or section 202, of all persons examined by the magistrate ii the statements and confessions, if any, recorded under section 161 or section 164 iii any documents produced before the magistrate on which the prosecution proposes to rely: provided that if the magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in court.

section 210. of the code of criminal procedure : 1 when in a case instituted otherwise than on a police report hereinafter referred to as a complaint case, it is made to appear to the magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subjectmatter of the inquiry or trial held by him, the magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. 2 if a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the magistrate against any person who is an accused in the complaint case, the magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. 3 if the police report does not relate to any accused in the complaint case or if the magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this code.

section 211. of the code of criminal procedure : 1 every charge under this code shall state the offence with which the accused is charged. 2 if the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. 3 if the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. 4 the law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. 5 the fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. 6 the charge shall be written in the language of the court. 7 if the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge and if such statement has been omitted, the court may add it at any time before sentence is passed. illustrations a a is charged with the murder of b. this is equivalent to a statement that as act fell within the definition of murder given in sections 299 and 300 of the indian penal code 45 of that it did not fall within any of the general exceptions of the said code and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within exception 1, one or other of the three provisos to that exception applied to it. b a is charged under section 326 of the indian penal code 45 of , with voluntarily causing grievous hurt to b by means of an instrument for shooting. this is equivalent to a statement that the case was not provided for by section 335 of the said code, and that the general exceptions did not apply to it. c a is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false propertymark. the charge may state that a committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the indian penal code 45 of but the sections under which the offence is punishable must, in each instance be referred to in the charge. d a is charged under section 184 of the indian penal code 45 of with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. the charge should be in those words.

section 217. of the code of criminal procedure : whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed a to recall or resummon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or reexamine such witness for the purpose of vexation or delay or for defeating the ends of justice b also to call any further witness whom the court may think to be material.

section 212. of the code of criminal procedure : 1 the charge shall contain such particulars as to the time and place of the alleged offence, and the person if any against whom, or the thing if any in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. 2 when the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219: provided that the time included between the first and last of such dates shall not exceed one year.

section 218. of the code of criminal procedure : 1 for every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: provided that where the accused person, by an application in writing, so desires and the magistrate is of opinion that such person is not likely to be prejudiced thereby, the magistrate may try together all or any number of the charges framed against such person. 2 nothing in subsection 1 shall affect the operation of the provisions of sections 219, 220, 221 and 223. illustration a is accused of a theft on one occasion, and of causing grievous hurt on another occasion. a must be separately charged and separately tried for the theft and causing grievous hurt.

section 214. of the code of criminal procedure : in every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

section 213. of the code of criminal procedure : when the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. illustrations a a is accused of the theft of a certain article at a certain time and place. the charge need not set out the manner in which the theft was effected. b a is accused of cheating b at a given time and place. the charge must set out the manner in which a cheated b. c a is accused of giving false evidence at a given time and place. the charge must set out that portion of the evidence given by a which is alleged to be false. d a is accused of obstructing b, a public servant, in the discharge of his public functions at a given time and place. the charge must set out the manner in which a obstructed b in the discharge of his functions. e a is accused of the murder of b at a given time and place. the charge need not state the manner in which a murdered b. f a is accused of disobeying a direction of the law with intent to save b from punishment. the charge must set out the disobedience charged and the law infringed.

section 215. of the code of criminal procedure : no error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. illustrations a a is charged under section 242 of the indian penal code 45 of , with having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, the word fraudulently being omitted in the charge. unless it appears that a was in fact misled by this omission, the error shall not be regarded as material. b a is charged with cheating b, and the manner in which he cheated b is not set out in the charge or is set out incorrectly. a defends himself, calls witnesses and gives his own account of the transaction. the court may infer from this that the omission to set out the manner of the cheating is not material. c a is charged with cheating b, and the manner in which he cheated b is not set out in the charge. there were many transactions between a and b, and a had no means of knowing to which of them the charge referred, and offered no defence. the court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. d a is charged with the murder of khoda baksh on the 21st january, . in fact, the murdered persons name was haidar baksh, and the date of the murder was the 20th january, . a was never charged with any murder but one, and had heard the inquiry before the magistrate, which referred exclusively to the case of haidar baksh. the court may infer from these facts that a was not misled, and that the error in the charge was immaterial. e a was charged with murdering haidar baksh on the 20th january, , and khoda baksh who tried to arrest him for that murder on the 21st january, . when charged for the murder of haidar baksh, he was tried for the murder of khoda baksh. the witnesses present in his defence were witnesses in the case of haidar baksh. the court may infer from this that a was misled, and that the error was material.

section 216. of the code of criminal procedure : 1 any court may alter or add to any charge at any time before judgment is pronounced. 2 every such alteration or addition shall be read and explained to the accused. 3 if the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. 4 if the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the court, to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary. 5 if the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

section 219. of the code of criminal procedure : 1 when a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. 2 offences are of the same kind when they are punishable with the same amount of punishment under the same section of the indian penal code 45 of or of any special or local law: provided that, for the purposes of this section, an offence punishable under section 379 of the indian penal code 45 of shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said code, and that an offence punishable under any section of the said code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

section 220. of the code of criminal procedure : 1 if, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. 2 when a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in subsection 2 of section 212 or in subsection 1 of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. 3 if the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. 4 if several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. 5 nothing contained in this section shall affect section 71 of the indian penal code 45 of . illustrations to subsection 1 a a rescues b, a person in lawful custody, and in so doing causes grievous hurt to c, a constable in whose custody b was. a may be charged with, and convicted of, offences under sections 225 and 333 of the indian penal code 45 of . b a commits housebreaking by day with intent to commit adultery, and commits, in the house so entered, adultery with bs wife. a may be separately charged with, and convicted of, offences under sections 454 and 497 of the indian penal code 45 of . c a entices b, the wife of c, away from c, with intent to commit adultery with b, and then commits adultery with her. a may be separately charged with, and convicted of, offences under sections 498 and 497 of the indian penal code 45 of . d a has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the indian penal code 45 of . a may be separately charged with, and convicted of, the possession of each seal under section 473 of the indian penal code. e with intent to cause injury to b, a institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses b of having committed an offence, knowing that there is no just or lawful ground for such charge. a may be separately charged with, and convicted of, two offences under section 211 of the indian penal code 45 of . f a, with intent to cause injury to b, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. on the trial, a gives false evidence against b, intending thereby to cause b to be convicted of a capital offence. a may be separately charged with, and convicted of, offences under sections 211 and 194 of the indian penal code 45 of . g a, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. a may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the indian penal code 45 of . h a threatens b, c and d at the same time with injury to their persons with intent to cause alarm to them. a may be separately charged with, and convicted of, each of the three offences under section 506 of the indian penal code 45 of . the separate charges referred to in illustrations a to h, respectively, may be tried at the same time. illustrations to subsection 3 i a wrongfully strikes b with a cane. a may be separately charged with, and convicted of, offences under sections 352 and 323 of the indian penal code 45 of . j several stolen sacks of corn are made over to a and b, who knew they are stolen property, for the purpose of concealing them. a and b thereupon voluntarily assist each other to conceal the sacks at the bottom of a grainpit. a and b may be separately charged with, and convicted of, offences under sections 411 and 414 of the indian penal code 45 of . k a exposes her child with the knowledge that she is thereby likely to cause its death. the child dies in consequence of such exposure. a may be separately charged with, and convicted of, offences under sections 317 and 304 of the indian penal code 45 of . l a dishonestly uses a forged document as genuine evidence, in order to convict b, a public servant, of an offence under section 167 of the indian penal code 45 of . a may be separately charged with, and convicted of, offences under sections 471 read with section 466 and 196 of that code. illustration to subsection 4 m a commits robbery on b, and in doing so voluntarily causes hurt to him. a may be separately charged with, and convicted of, offences under sections 323, 392 and 394 of the indian penal code 45 of .

section 221. of the code of criminal procedure : 1 if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once or he may be charged in the alternative with having committed some one of the said offences. 2 if in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of subsection 1, he may be convicted of the offence which he is shown to have committed, although he was not charged with it. illustrations a a is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. he may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating b in the case mentioned, a is only charged with theft. it appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. he may be convicted of criminal breach of trust or of receiving stolen goods as the case may be, though he was not charged with such offence. c a states on oath before the magistrate that he saw b hit c with a club. before the sessions court a states on oath that b never hit c. a may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.

section 222. of the code of criminal procedure : 1 when a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. 2 when a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. 3 when a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. 4 nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. illustrations a a is charged, under section 407 of the indian penal code 45 of , with criminal breach of trust in respect of property entrusted to him as a carrier. it appears, that he did commit criminal breach of trust under section 406 of that code in respect of the property, but that it was not entrusted to him as a carrier. he may be convicted of criminal breach of trust under the said section 406. b a is charged, under section 325 of the indian penal code 45 of , with causing grievous hurt. he proves that he acted on grave and sudden provocation. he may be convicted under section 335 of that code.

section 227. of the code of criminal procedure : if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

section 223. of the code of criminal procedure : the following persons may be charged and tried together, namely: a persons accused of the same offence committed in the course of the same transaction b persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence c persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months d persons accused of different offences committed in the course of the same transaction e persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the firstnamed persons, or of abetment of or attempting to commit any such lastnamed offence f persons accused of offences under sections 411 and 414 of the indian penal code 45 of or either of those sections in respect of stolen property the possession of which has been transferred by one offence g persons accused of any offence under chapter xii of the indian penal code 45 of relating to counterfeit coin and persons accused of any other offence under the said chapter relating to the same coin, or of abetment of or attempting to commit any such offence and the provisions contained in the former part of this chapter shall, so far as may be, apply to all such charges: provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the 1 magistrate or court of session may, if such persons by an application in writing, so desire, and 2 if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. 1. subs. by act 25 of , s. 21, for magistrate w.e.f. . 2. subs. by s. 21, ibid., for certain words w.e.f. .

section 228. of the code of criminal procedure : 1 if, after such consideration and hearing as aforesaid, the judge is of opinion that there is ground for presuming that the accused has committed an offence which a is not exclusively triable by the court of session, he may, frame a charge against the accused and, by order, transfer the case for trial to the chief judicial magistrate, 1 or any other judicial magistrate of the first class and direct the accused to appear before the chief judicial magistrate, or, as the case may be, the judicial magistrate of the first class, on such date as he deems fit, and thereupon such magistrate shall try the offence in accordance with the procedure for the trial of warrantcases instituted on a police report b is exclusively triable by the court, he shall frame in writing a charge against the accused. 2 where the judge frames any charge under clause b of subsection 1, the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. state amendment chhattisgarh in subsection 2 of section 228 of the principal act, after the word to the accused the following shall be added, namely: present in person of through the medium of electronic video linkage and being represented by his pleader in the court. vide chhattisgarh act 13 of , s. 4. karnataka amendment of section 228. in section 228 of the code of criminal procedure, central act 2 of , in subsection 1, in clause a, for the words to the chief judicial magistrate and thereupon the chief judicial magistrate the words to the chief judicial magistrate or to any judicial magistrate competent to try the case and thereupon the chief judicial magistrate or such other judicial magistrate to whom the case may have been transferred shall be substituted. vide karnataka act 22 of , s. 2. west bengal in section 228 of the said code, in clause a of subsection 1 of section 228, for the words to the chief judicial magistrate, and thereupon the chief judicial magistrate the words to the chief judicial magistrate or to any judicial magistrate competent to try the case, and thereupon the chief judicial magistrate or such other judicial magistrate to whom the case may have been transferred shall be substituted. vide west bengal act 63 of , s. 3. 1. subs. by act 25 of , s. 22, for certain words w.e.f. .

section 224. of the code of criminal procedure : when a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said court subject to the order of the court setting aside the conviction may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

section 225. of the code of criminal procedure : in every trial before a court of session, the prosecution shall be conducted by a public prosecutor.

section 230. of the code of criminal procedure : if the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing.

section 232. of the code of criminal procedure : if, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.

section 226. of the code of criminal procedure : when the accused appears or is brought before the court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

section 233. of the code of criminal procedure : 1 where the accused is not acquitted under section 232, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. 2 if the accused puts in any written statement, the judge shall file it with the record. 3 if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice.

section 229. of the code of criminal procedure : if the accused pleads guilty, the judge shall record the plea and may, in his discretion, convict him thereon.

section 231. of the code of criminal procedure : 1 on the date so fixed, the judge shall proceed to take all such evidence as may be produced in support of the prosecution. 2 the judge may, in his discretion, permit the crossexamination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further crossexamination.

section 234. of the code of criminal procedure : when the examination of the witnesses if any for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply: provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the judge, make his submissions with regard to such point of law.

section 241. of the code of criminal procedure : if the accused pleads guilty, the magistrate shall record the plea and may, in his discretion, convict him thereon.

section 235. of the code of criminal procedure : 1 after hearing arguments and points of law if any, the judge shall give a judgment in the case. 2 if the accused is convicted, the judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

section 236. of the code of criminal procedure : in a case where a previous conviction is charged under the provisions of subsection 7 of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: provided that no such charge shall be read out by the judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.

section 237. of the code of criminal procedure : 1 a court of session taking cognizance of an offence under subsection 2 of section 199 shall try the case in accordance with the procedure for the trial of warrantcases instituted otherwise than on a police report before a court of magistrate: provided that the person against whom the offence is alleged to have been committed shall, unless the court of session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. 2 every trial under this section shall be held in camera if either party thereto so desires or if the court thinks fit so to do. 3 if, in any such case, the court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed other than the president, vicepresident or the governor of a state or the administrator of a union territory to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. 4 the court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. 5 compensation awarded under subsection 4 shall be recovered as if it were a fine imposed by a magistrate. 6 no person who has been directed to pay compensation under subsection 4 shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. 7 the person who has been ordered under subsection 4 to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the high court. 8 when an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

section 238. of the code of criminal procedure : when, in any warrantcase instituted on a police report, the accused appears or is brought before a magistrate at the commencement of the trial, the magistrate shall satisfy himself that he has complied with the provisions of section 207.

section 239. of the code of criminal procedure : if, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

section 242. of the code of criminal procedure : 1 if the accused refuses to plead or does not plead, or claims to be tried or the magistrate does not convict the accused under section 241, the magistrate shall fix a date for the examination of witnesses: 1provided that the magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. 2 the magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. 3 on the date so fixed, the magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: provided that the magistrate may permit the crossexamination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further crossexamination. 1. ins. by act 5 of , s.19 w.e.f. .

section 240. of the code of criminal procedure : 1 if, upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2 the charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. state amendment chhattisgarh in subsection 2 of section 240 of the principal act, after the word to the accused the following shall be added: present either in person or through the medium of electronic video linkage in the presence of his pleader in the court. vide chhattisgarh act 13 of , s. 5.

section 243. of the code of criminal procedure : 1 the accused shall then be called upon to enter upon his defence and produce his evidence and if the accused puts in any written statement, the magistrate shall file it with the record. 2 if the accused, after he has entered upon his defence, applies to the magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or crossexamination, or the production of any document or other thing, the magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: provided that, when the accused has crossexamined or had the opportunity of crossexamining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the magistrate is satisfied that it is necessary for the ends of justice. 3 the magistrate may, before summoning any witness on an application under subsection 2, require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court.

section 250. of the code of criminal procedure : 1 if, in any case instituted upon complaint or upon information given to a police officer or to a magistrate, one or more persons is or are accused before a magistrate of any offence triable by a magistrate, and the magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. 2 the magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. 3 the magistrate may, by the order directing payment of the compensation under subsection 2, further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days. 4 when any person is imprisoned under subsection 3, the provisions of sections 68 and 69 of the indian penal code 45 of shall, so far as may be, apply. 5 no person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. 6 a complainant or informant who has been ordered under subsection 2 by a magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such magistrate. 7 when an order for payment of compensation to an accused person is made in a case which is subject to appeal under subsection 6, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. 8 the provisions of this section apply to summonscases as well as to warrantcases.

section 245. of the code of criminal procedure : 1 if, upon taking all the evidence referred to in section 244, the magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the magistrate shall discharge him. 2 nothing in this section shall be deemed to prevent a magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such magistrate, he considers the charge to be groundless. state amendment west bengal in section 245 of the principal act, after subsection 2, the following subsection shall be inserted: 3 if all the evidence referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the accused, the magistrate shall discharge the accused unless the prosecution satisfies the magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused.. vide west bengal act 24 of , s. 5.

section 244. of the code of criminal procedure : 1 when, in any warrantcase instituted otherwise than on a police report, the accused appears or is brought before a magistrate, the magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. 2 the magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

section 246. of the code of criminal procedure : 1 if, when such evidence has been taken, or at any previous stage of the case, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 2 the charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. 3 if the accused pleads guilty, the magistrate shall record the plea, and may, in his discretion, convict him thereon. 4 if the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under subsection 3, he shall be required to state, at the commencement of the next hearing of the case, or, if the magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to crossexamine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. 5 if he says he does so wish, the witnesses named by him shall be recalled and, after crossexamination and reexamination if any, they shall be discharged. 6 the evidence of any remaining witnesses for the prosecution shall next be taken, and after crossexamination and reexamination if any, they shall also be discharged.

section 247. of the code of criminal procedure : the accused shall then be called upon to enter upon his defence and produce his evidence and the provisions of section 243 shall apply to the case.

section 249. of the code of criminal procedure : when the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

section 248. of the code of criminal procedure : 1 if, in any case under this chapter in which a charge has been framed, the magistrate finds the accused not guilty, he shall record an order of acquittal. 2 where, in any case under this chapter, the magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. 3 where, in any case under this chapter, a previous conviction is charged under the provisions of subsection 7 of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: provided that no such charge shall be read out by the magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under subsection 2.

section 256. of the code of criminal procedure : 1 if the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the magistrate is of opinion that the personal attendance of the complainant is not necessary, the magistrate may, dispense with his attendance and proceed with the case. 2 the provisions of subsection 1 shall, so far as may be, apply also to cases where the nonappearance of the complainant is due to his death.

section 251. of the code of criminal procedure : when in a summonscase the accused appears or is brought before the magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. state amendment chhattisgarh in section 251 of the principal act, after the word bought before the magistrate the following shall be added : or appears through the medium of electronic video linkage in the presence of his pleader in the court. vide chhattisgarh act 13 of , s. 6

section 252. of the code of criminal procedure : if the accused pleads guilty, the magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

section 258. of the code of criminal procedure : in any summonscase instituted otherwise than upon complaint, a magistrate of the first class or, with the previous sanction of the chief judicial magistrate, any other judicial magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge.

section 253. of the code of criminal procedure : 1 where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the magistrate, he shall transmit to the magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. 2 the magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

section 254. of the code of criminal procedure : 1 if the magistrate does not convict the accused under section 252 or section 253, the magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. 2 the magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. 3 the magistrate may, before summoning any witness on such application require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in court.

section 255. of the code of criminal procedure : 1 if the magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. 2 where the magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. 3 a magistrate may, under section 252 or section 255, convict the accused of any offence triable under this chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the magistrate is satisfied that the accused would not be prejudiced thereby.

section 257. of the code of criminal procedure : if a complainant, at any time before a final order is passed in any case under this chapter, satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

section 259. of the code of criminal procedure : when in the course of the trial of a summonscase relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrantcases, such magistrate may proceed to rehear the case in the manner provided by this code for the trial of warrantcases and may recall any witness who may have been examined.

section 265a. of the code of criminal procedure : 1265a. application of the chapter.1 this chapter shall apply in respect of an accused against whom a the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force or b a magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204, but does not apply where such offence affects the socioeconomic condition of the country or has been committed against a woman, or a child below the age of fourteen years. 2 for the purposes of subsection 1, the central government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socioeconomic condition of the country. 1. ins. by act 2 of , s. 4 w.e.f. .

section 260. of the code of criminal procedure : 1 notwithstanding anything contained in this code a any chief judicial magistrate b any metropolitan magistrate c any magistrate of the first class specially empowered in this behalf by the high court, may, if he thinks fit, try in a summary way all or any of the following offences: i offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years ii theft, under section 379, section 380 or section 381 of the indian penal code 45 of , where the value of the property stolen does not exceed 1two thousand rupees iii receiving or retaining stolen property, under section 411 of the indian penal code 45 of , where the value of the property does not exceed 1two thousand rupees iv assisting in the concealment or disposal of stolen property, under section 414 of the indian penal code 45 of , where the value of such property does not exceed 1two thousand rupees v offences under sections 454 and 456 of the indian penal code 45 of vi insult with intent to provoke a breach of the peace, under section 504, and 2criminal intimidation punishable with imprisionment for a term which may extend to two years, or with fine, or with both, under section 506 of the indian penal code 45 of vii abetment of any of the foregoing offences viii an attempt to commit any of the foregoing offences, when such attempt is an offence ix any offence constituted by an act in respect of which a complaint may be made under section 20 of the cattletrespass act, 1 of . 2 when, in the course of a summary trial it appears to the magistrate that the nature of the case is such that it is undesirable to try it summarily, the magistrate shall recall any witnesses who may have been examined and proceed to rehear the case in the manner provided by this code. 1. subs. by act 25 of , s. 23, for two hundred rupees w.e.f. . 2. subs. by s. 23, ibid., for criminal intimidation w.e.f.

section 261. of the code of criminal procedure : the high court may confer on any magistrate invested with the powers of a magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence.

section 262. of the code of criminal procedure : 1 in trials under this chapter, the procedure specified in this code for the trial of summonscase shall be followed except as hereinafter mentioned. 2 no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter.

section 263. of the code of criminal procedure : in every case tried summarily, the magistrate shall enter, in such form as the state government may direct, the following particulars, namely: a the serial number of the case b the date of the commission of the offence c the date of the report or complaint d the name of the complainant if any e the name, parentage and residence of the accused f the offence complained of and the offence if any proved, and in cases coming under clause ii, clause iii or clause iv of subsection 1 of section 260, the value of the property in respect of which the offence has been committed g the plea of the accused and his examination if any h the finding i the sentence or other final order j the date on which proceedings terminated.

section 265d. of the code of criminal procedure : 1265d. report of the mutually satisfactory disposition to be submitted before the court. where in a meeting under section 265c, a satisfactory disposition of the case has been worked out, the court shall prepare a report of such disposition which shall be signed by the presiding officer of the court and all other persons who participated in the meeting and if no such disposition has been worked out, the court shall record such observation and proceed further in accordance with the provisions of this code from the stage the application under subsection 1 of section 265b has been filed in such case. 1. ins. by act 2 of , s. 4 w.e.f. .

section 264. of the code of criminal procedure : in every case tried summarily in which the accused does not plead guilty, the magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.

section 265f. of the code of criminal procedure : 1265f. judgment of the court. the court shall deliver its judgment in terms of section 265e in the open court and the same shall be signed by the presiding officer of the court.

section 265. of the code of criminal procedure : 1 every such record and judgment shall be written in the language of the court. 2 the high court may authorise any magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the chief judicial magistrate, and the record or judgment so prepared shall be signed by such magistrate.

section 265b. of the code of criminal procedure : 1265b. application for plea bargaining. 1 a person accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial. 2 the application under subsection 1 shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a court in a case in which he had been charged with the same offence. 3 after receiving the application under subsection 1, the court shall issue notice to the public prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case. 4 when the public prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under subsection 3, the court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where a the court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the public prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case b the court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this code from the stage such application has been filed under subsection 1. 1. ins. by act 2 of , s. 4 w.e.f. .

section 265c. of the code of criminal procedure : 1265c. guidelines for mutually satisfactory disposition. in working out a mutually satisfactory disposition under clause a of subsection 4 of section 265b, the court shall follow the following procedure, namely: a in a case instituted on a police report, the court shall issue notice to the public prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: provided further that the accused, if he so desires, may participate in such meeting with his pleader, if any, engaged in the case b in a case instituted otherwise than on police report, the court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: provided that it shall be the duty of the court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case.

section 265e. of the code of criminal procedure : 1265e. disposal of the case. where a satisfactory disposition of the case has been worked out under section 265d, the court shall dispose of the case in the following manner, namely: a the court shall award the compensation to the victim in accordance with the disposition under section 265d and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the probation of offenders act, 20 of or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused b after hearing the parties under clause a, if the court is of the view that section 360 or the provisions of the probation of offenders act, 20 of or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be c after hearing the parties under clause b, if the court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment d in case after hearing the parties under clause b, the court finds that the offence committed by the accused is not covered under clause b or clause c, then, it may sentence the accused to onefourth of the punishment provided or extendable, as the case may be, for such offence. 1. ins. by act 2 of , s. 4 w.e.f. .

section 267. of the code of criminal procedure : 1 whenever, in the course of an inquiry, trial or proceeding under this code, it appears to a criminal court, a that a person confined or detained in a prison should be brought before the court for answering to a charge of an offence, or for the purpose of any proceedings against him, or b that it is necessary for the ends of justice to examine such person as a witness, the court may make an order requiring the officer in charge of the prison to produce such person before the court answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence. 2 where an order under subsection 1 is made by a magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the chief judicial magistrate, to whom such magistrate is subordinate. 3 every order submitted for countersigning under subsection 2 shall be accompanied by a statement of the facts which, in the opinion of the magistrate, render the order necessary, and the chief judicial magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. state amendment jharkhand. amendment of section 267.in section 267 of code of criminal procedure, in its application to the state of jharkhand, in subsection 1 clause b: i after the words the court may make an order requiring the officerincharge of the prison to produce such person before the court the words either in prison or through the medium of electronic video linkage shall be inserted. vide jharkhand act 2 of , s. 2

section 265g. of the code of criminal procedure : 1265g. finality of the judgment. the judgment delivered by the court under section 265g shall be final and no appeal except the special leave petition under article 136 and writ petition under articles 226 and 227 of the constitution shall lie in any court against such judgment. 1. ins. by act 2 of , s. 4 w.e.f. .

section 265h. of the code of criminal procedure : 1265h. power of the court in plea bargaining. a court shall have, for the purposes of discharging its functions under this chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such court under this code.

section 266. of the code of criminal procedure : in this chapter, a detained includes detained under any law providing for preventive detention b prison includes, i any place which has been declared by the state government, by general or special order, to be a subsidiary jail ii any reformatory, borstal institution or institution of a like nature.

section 265k. of the code of criminal procedure : 1265k. statements of accused not to be used. notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 265b shall not be used for any other purpose except for the purpose of this chapter.

section 268. of the code of criminal procedure : 1 the state government may, at any time, having regard to the matters specified in subsection 2, by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 267, whether before or after the order of the state government, shall have effect in respect of such person or class of persons. 2 before making an order under subsection 1, the state government shall have regard to the following matters, namely: a the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison b the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison c the public interest, generally.

section 265j. of the code of criminal procedure : 1265j. savings. the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this code and nothing in such other provisions shall be construed to constrain the meaning of any provision of this chapter. explanation. for the purposes of this chapter, the expression public prosecutor has the meaning assigned to it under clause u of section 2 and includes an assistant public prosecutor appointed under section 25.

section 265i. of the code of criminal procedure : 1265i. period of detention undergone by the accused to be set off against the sentence of imprisonment. the provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this code.

section 272. of the code of criminal procedure : the state government may determine what shall be, for purposes of this code, the language of each court within the state other than the high court.

section 265l. of the code of criminal procedure : 1265l. nonapplication of the chapter.nothing in this chapter shall apply to any juvenile or child as defined in clause k of section 2 of the juvenile justice care and protection of children act, 56 of .

section 273. of the code of criminal procedure : except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader: 1provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of crossexamination of the accused. explanation.in this section, accused includes a person in relation to whom any proceeding under chapter viii has been commenced under this code. state amendment gujarat in the code of criminal procedure, hereinafter referred to as the principal act, in section 273, after the words in the presence of his pleader, the words or, as the case may be, through the medium of electronic video linkage when the court on its own motion or on an application so directs in the interests of justice shall be added. vide gujarat act 31 of , sec. 2. jharkhand amendment of section 273.in section 273 of code of criminal procedure, , in its application to the state of jharkhand: i after the words all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, the word either in person or through the medium of electronic video linkage shall be inserted. vide jharkhand act 2 of , s. 3 1. proviso ins. by act 13 of , s. 20 w.e.f. .

section 274. of the code of criminal procedure : 1 in all summonscases tried before a magistrate, in all inquiries under sections 145 to 148 both inclusive, and in all proceedings under section 446 otherwise than in the course of a trial, the magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the court: provided that if the magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open court. 2 such memorandum shall be signed by the magistrate and shall form part of the record.

section 276. of the code of criminal procedure : 1 in all trials before a court of session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding judge himself or by his dictation in open court, or under his direction and superintendence, by an officer of the court appointed by him in this behalf. 12 such evidence shall ordinarily be taken down in the form of a narrative, but the presiding judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer. 3 the evidence so taken down shall be signed by the presiding judge and shall form part of the record. 1. subs. by act 45 of , s. 20, for subsection 2 w.e.f. .

section 277. of the code of criminal procedure : in every case where evidence is taken down under section 275 or 276, a if the witness gives evidence in the language of the court, it shall be taken down in that language b if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the court shall be prepared as the examination of the witness proceeds, signed by the magistrate or presiding judge, and shall form part of the record c where under clause b evidence is taken down in a language other than the language of the court, a true translation thereof in the language of the court shall be prepared as soon as practicable, signed by the magistrate or presiding judge, and shall form part of the record: provided that when under clause b evidence is taken down in english and a translation thereof in the language of the court is not required by any of the parties, the court may dispense with such translation.

section 269. of the code of criminal procedure : where the person in respect of whom an order is made under section 267 a is by reason of sickness or infirmity unfit to be removed from the prison or b is under committal for trial or under remand pending trial or pending a preliminary investigation or c is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained or d is a person to whom an order made by the state government under section 268 applies, the officer in charge of the prison shall abstain from carrying out the courts order and shall send to the court a statement of reasons for so abstaining: provided that where the attendance of such person is required for giving evidence at a place not more than twentyfive kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause b.

section 270. of the code of criminal procedure : subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under subsection 1 of section 267 and duly countersigned, where necessary, under subsection 2 thereof, cause the person named in the order to be taken to the court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the court until he has been examined or until the court authorises him to be taken back to the prison in which he was confined or detained.

section 271. of the code of criminal procedure : the provisions of this chapter shall be without prejudice to the power of the court to issue, under section 284, a commission for the examination, as a witness, of any person confined or detained in a prison and the provisions of part b of chapter xxiii shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

section 278. of the code of criminal procedure : 1 as the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. 2 if the witness denies the correctness of any part of the evidence when the same is read over to him, the magistrate or presiding judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. 3 if the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands. state amendment gujarat in the principal act, in section 278, after subsection 3, the following subsections shall be added, namely: 4 nothing contained in subsections 1 to 3 shall apply when the evidence under section 273 is taken through the medium of electronic video linkage. 5 the evidence taken through the medium of electronic video linkage in electronic from shall be the electronic record within the meaning of clause t of section 2 of the information technology act, 21 of vide gujarat act 31 of , sec. 3.

section 279. of the code of criminal procedure : 1 whenever any evidence is given in a language not understood by the accused, and he is present in court in person, it shall be interpreted to him in open court in a language understood by him. 2 if he appears by pleader and the evidence is given in a language other than the language of the court, and not understood by the pleader, it shall be interpreted to such pleader in that language. 3 when documents are put for the purpose of formal proof, it shall be in the discretion of the court to interpret as much thereof as appears necessary.

section 275. of the code of criminal procedure : 1 in all warrantcases tried before a magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the magistrate himself or by his dictation in open court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the court appointed by him in this behalf: 1provided that evidence of a witness under this subsection may also be recorded by audiovideo electronic means in the presence of the advocate of the person accused of the offence. 2 where the magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in subsection 1. 3 such evidence shall ordinarily be taken down in the form of a narrative but the magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. 4 the evidence so taken down shall be signed by the magistrate and shall form part of the record. 1. ins. by act 5 of , s. 20 w.e.f.

section 282. of the code of criminal procedure : when the services of an interpreter are required by any criminal court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

section 283. of the code of criminal procedure : every high court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule.

section 285. of the code of criminal procedure : 1 if the witness is within the territories to which this code extends, the commission shall be directed to the chief metropolitan magistrate or the chief judicial magistrate, as the case may be, within whose local jurisdiction the witness is to be found. 2 if the witness is in india, but in a state or an area to which this code does not extend, the commission shall be directed to such court or officer as the central government may, by notification, specify in this behalf. 3 if the witness is in a country or place outside india and arrangements have been made by the central government with the government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such court or officer, and sent to such authority for transmission as the central government may, by notification, prescribe in this behalf.

section 280. of the code of criminal procedure : when a presiding judge or magistrate has recorded the evidence of a witness, he shall also record such remarks if any as he thinks material respecting the demeanour of such witness whilst under examination.

section 286. of the code of criminal procedure : upon receipt of the commission, the chief metropolitan magistrate, or chief judicial magistrate or such metropolitan or judicial magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials or warrantcases under this code.

section 281. of the code of criminal procedure : 1 whenever the accused is examined by a metropolitan magistrate, the magistrate shall make a memorandum of the substance of the examination of the accused in the language of the court and such memorandum shall be signed by the magistrate and shall form part of the record. 2 whenever the accused is examined by any magistrate other than a metropolitan magistrate, or by a court of session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding judge or magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the court appointed by him in this behalf. 3 the record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the court. 4 the record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. 5 it shall thereafter be signed by the accused and by the magistrate or presiding judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. 6 nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. state amendment gujarat in the principal act, in section 281, in subsection 6, after the words the examination of an accused person, the words either through the medium of electronic video linkage or shall be inserted. vide gujarat act 31 of , sec. 4.

section 284. of the code of criminal procedure : 1 whenever, in the course of any inquiry, trial or other proceeding under this code, it appears to a court or magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the court or magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this chapter: provided that where the examination of the president or the vicepresident of india or the governor of a state or the administrator of a union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. 2 the court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the court considers reasonable to meet the expenses of the accused, including the pleaders fees, be paid by the prosecution.

section 290. of the code of criminal procedure : 1 the provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the courts, judges or magistrates hereinafter mentioned as they apply to commissions issued under section 284. 2 the courts, judges and magistrates referred to in subsection 1 are a any such court, judge or magistrate exercising jurisdiction within an area in india to which this code does not extend, as the central government may, by notification, specify in this behalf b any court, judge or magistrate exercising jurisdiction in any such country or place outside india, as the central government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

section 287. of the code of criminal procedure : 1 the parties to any proceeding under this code in which a commission is issued may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think relevant to the issue, and it shall be lawful for the magistrate, court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. 2 any such party may appear before such magistrate, court or officer by pleader, or if not in custody, in person, and may examine, crossexamine and reexamine as the case may be the said witness.

section 292. of the code of criminal procedure : 1 any document purporting to be a report under the hand of any such 1officer of any mint or of any note printing press or of any security printing press including the officer of the controller of stamps and stationery or of any forensic department or division of forensic science laboratory or any government examiner of questioned documents or any state examiner of questioned documents, as the case may be, as the central government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this code, may be used as evidence in any inquiry, trial or other proceeding under this code, although such officer is not called as a witness. 2 the court may, if it thinks fit, summon and examine any such officer as to the subjectmatter of his report: provided that no such officer shall be summoned to produce any records on which the report is based. 3 without prejudice to the provisions of sections 123 and 124 of the indian evidence act, 1 of , no such officer shall, 1except with the permission of the general manager or any officer in charge of any mint or of any note printing press or of any security printing press or of any forensic department or any officer in charge of the forensic science laboratory or of the government examiner of questioned documents organisation or of the state examiner of questioned documents organisation, as the case may be, be permitted a to give any evidence derived from any unpublished official records on which the report is based or b to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. 1. subs. by act 2 of , s. 5, for certain words w.e.f. .

section 288. of the code of criminal procedure : 1 after any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the court or magistrate issuing the commission and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. 2 any deposition so taken, if it satisfies the conditions prescribed by section 33 of the indian evidence act, 1 of , may also be received in evidence at any subsequent stage of the case before another court.

section 289. of the code of criminal procedure : in every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

section 294. of the code of criminal procedure : 1where any document is filed before any court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. 2 the list of documents shall be in such form as be prescribed by the state government. 3 where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, trial or other proceeding under this code without proof of the signature of the person to whom it purports to be signed: provided that the court may, in its discretion, require such signature to be proved.

section 291. of the code of criminal procedure : 1 the deposition of civil surgeon or other medical witness, taken and attested by a magistrate in the presence of the accused, or taken on commission under this chapter, may be given in evidence in any inquiry, trial or other proceeding under this code, although the deponent is not called as a witness. 2 the court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subjectmatter of his deposition. state amendment gujarat in the principal act, in section 291, in subsection 1, after the words in the presence of accused, the words or, as the case may be through the medium of electronic video linkage shall be inserted. vide gujarat act 31 of , sec. 5.

section 295. of the code of criminal procedure : when any application is made to any court in the course of any inquiry, trial or other proceeding under this code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the court may, if it thinks fit, order that evidence relating to such facts be so given.

section 291a. of the code of criminal procedure : 11 any document purporting to be a report of identification under the hand of an executive magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this code, although such magistrate is not called as a witness: provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the indian evidence act, 1 of , apply, such statement shall not be used under this subsection except in accordance with the provisions of those sections. 2 the court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such magistrate as to the subjectmatter of the said report. 1. ins. by act 25 of , s. 24 w.e.f. .

section 293. of the code of criminal procedure : 1 any document purporting to be a report under the hand of a government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this code, may be used as evidence in any inquiry, trial or other proceeding under this code. 2 the court may, if it thinks fit, summon and examine any such expert as to the subjectmatter of his report. 3 where any such expert is summoned by a court, and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally, depute any responsible officer working with him to attend the court, if such officer is conversant with the facts of the case and can satisfactorily depose in court on his behalf. 4 this section applies to the following government scientific experts, namely: a any chemical examiner or assistant chemical examiner to government 1b the chief controller of explosives c the director of the finger print bureau d the director, haffkeine institute, bombay e the director 2 , deputy director or assistant director of a central forensic science laboratory or a state forensic science laboratory f the serologist to the government 3g any other government scientific expert specified, by notification, by the central government for this purpose. 1. subs. by act 25 of , s. 26, for cl. b w.e.f. . 2. ins. by act 45 of , s. 21 w.e.f. . 3. ins. by act 25 of , s. 26 w.e.f. .

section 303. of the code of criminal procedure : any person accused of an offence before a criminal court, or against whom proceedings are instituted under this code, may of right be defended by a pleader of his choice.

section 296. of the code of criminal procedure : 1 the evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this code. 2 the court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.

section 297. of the code of criminal procedure : 1 affidavits to be used before any court under this code may be sworn or affirmed before 1a any judge or judicial or executive magistrate, or b any commissioner of oaths appointed by a high court or court of session, or c any notary appointed under the notaries act, 53 of . 2 affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. 3 the court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. 1. subs. by act 45 of , s. 22, for cl. a w.e.f. 18.12..

section 298. of the code of criminal procedure : in any inquiry, trial or other proceeding under this code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force, a by an extract certified under the hand of the officer having the custody of the records of the court in which such conviction or acquittal was held, to be a copy of the sentence or order, or b in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

section 302. of the code of criminal procedure : 1 any magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector but no person, other than the advocategeneral or government advocate or a public prosecutor or assistant public prosecutor, shall be entitled to do so without such permission: provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. 2 any person conducting the prosecution may do so personally or by a pleader.

section 299. of the code of criminal procedure : 1 if it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the court competent to try 1 , or commit for trial such person for the offence complained of may, in his absence, examine the witnesses if any produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. 2 if it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the high court or the sessions judge may direct that any magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of india. state amendment uttar pradesh in section 299 of the said code, in subsection 1, for the words competent to try such person, the words competent to try such person or to commit him for trial shall be substituted. vide uttar pradesh act 16 of , s. 7 1. ins. by act 45 of , s. 23 w.e.f. .

section 300. of the code of criminal procedure : 1 a person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under subsection 1 of section 221, or for which he might have been convicted under subsection 2 thereof. 2 a person acquitted or convicted of any offence may be afterwards tried, with the consent of the state government, for any distinct offence for which a separate charge might have been made against him at the former trial under subsection 1 of section 220. 3 a person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the court to have happened, at the time when he was convicted. 4 a person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the court by which he was first tried was not competent to try the offence with which he is subsequently charged. 5 a person discharged under section 258 shall not be tried again for the same offence except with the consent of the court by which he was discharged or of any other court to which the first mentioned court is subordinate. 6 nothing in this section shall affect the provisions of section 26 of the general clauses act, 10 of or of section 188 of this code. explanation.the dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. illustrations a a is tried upon a charge of theft as a servant and aquitted. he cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. b a is tried for causing grievous hurt and convicted. the person injured afterwards dies. a may be tried again for culpable homicide. c a is charged before the court of session and convicted of the culpable homicide of b. a may not afterwards be tried on the same facts for the murder of b. d a is charged by a magistrate of the first class with, and convicted by him of, voluntarily causing hurt to b. a may not afterwards be tried for voluntarily causing grievous hurt to b on the same facts, unless the case comes within subsection 3 of this section. e a is charged by a magistrate of the second class with, and convicted by him of, theft of property from the person of b. a may subsequently be charged with, and tried for, robbery on the same facts. f a, b and c are charged by a magistrate of the first class with, and convicted by him of, robbing d. a, b and c may afterwards be charged with, and tried for, dacoity on the same facts.

section 301. of the code of criminal procedure : 1 the public prosecutor or assistant public prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry, trial or appeal. 2 if in any such case any private person instructs a pleader to prosecute any person in any court, the public prosecutor or assistant public prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the public prosecutor or assistant public prosecutor, and may, with the permission of the court, submit written arguments after the evidence is closed in the case. state amendment west bengal for subsection 1 of section 301 of the principal act, the following subsections shall be substituted: 1 a the public prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry, trial or appeal. b the assistant public prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry or trial.. vide west bengal act 26 of , s. 4.

section 304. of the code of criminal procedure : 1 where, in a trial before the court of session, the accused is not represented by a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the state. 2 the high court may, with the previous approval of the state government, make rules providing for a the mode of selecting pleaders for defence under subsection 1 b the facilities to be allowed to such pleaders by the courts c the fees payable to such pleaders by the government, and generally, for carrying out the purposes of subsection 1. 3 the state government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of subsections 1 and 2 shall apply in relation to any class of trials before other courts in the state as they apply in relation to trials before courts of session.

section 305. of the code of criminal procedure : 1 in this section, corporation means an incorporated company or other body corporate, and includes a society registered under the societies registration act, 21 of . 2 where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. 3 where a representative of a corporation appears, any requirement of this code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. 4 where a representative of a corporation does not appear, any such requirement as is referred to in subsection 3 shall not apply. 5 where a statement in writing purporting to be signed by the managing director of the corporation or by any person by whatever name called having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the court shall, unless the contrary is proved, presume that such person has been so appointed. 6 if a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a court is or is not such representative, the question shall be determined by the court.

section 311. of the code of criminal procedure : any court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and reexamine any person already examined and the court shall summon and examine or recall and reexamine any such person if his evidence appears to it to be essential to the just decision of the case.

section 306. of the code of criminal procedure : 1 with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the chief judicial magistrate or a metropolitan magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. 2 this section applies to a any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 46 of b any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. 3 every magistrate who tenders a pardon under subsection 1 shall record a his reasons for so doing b whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. 4 every person accepting a tender of pardon made under subsection 1 a shall be examined as a witness in the court of the magistrate taking cognizance of the offence and in the subsequent trial, if any b shall, unless he is already on bail, be detained in custody until the termination of the trial. 5 where a person has accepted a tender of pardon made under subsection 1 and has been examined under subsection 4, the magistrate taking cognizance of the offence shall, without making any further inquiry in the case a commit it for trial i to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate ii to a court of special judge appointed under the criminal law amendment act, 46 of , if the offence is triable exclusively by that court b in any other case, make over the case to the chief judicial magistrate who shall try the case himself.

section 307. of the code of criminal procedure : at any time after commitment of a case but before judgment is passed, the court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.

section 308. of the code of criminal procedure : 1 where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the public prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: provided that such person shall not be tried jointly with any of the other accused: provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the high court, and nothing contained in section 195 or section 340 shall apply to that offence. 2 any statement made by such person accepting the tender of pardon and recorded by a magistrate under section 164 or by a court under subsection 4 of section 306 may be given in evidence against him at such trial. 3 at such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made in which case it shall be for the prosecution to prove that the condition has not been complied with. 4 at such trial, the court shall a if it is a court of session, before the charge is read out and explained to the accused b if it is the court of a magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. 5 if the accused does so plead, the court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this code, pass judgment of acquittal.

section 309. of the code of criminal procedure : 11 in every inquiry or trial the proceedings shall be continued from daytoday until all the witnesses in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: provided that when the inquiry or trial relates to an offence under section 376, 2section 376a, section 376ab, , section 376b, section 376c, section 376d, section 376da or section db of the indian penal code 45 of , the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet. . 2 if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: provided that no magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: 3provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him. 4provided also that a no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party b the fact that the pleader of a party is engaged in another court, shall not be a ground for adjournment c where a witness is present in court but a party or his pleader is not present or the party or his pleader though present in court, is not ready to examine or crossexamine the witness, the court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examinationinchief or crossexamination of the witness, as the case may be. explanation 1.if sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. explanation 2.the terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. state amendment chhattisgarh in proviso to subsection 1 of section 309 of the code, for the words, figures and letters section 376, section 376a, section 376b, section 376c or section 376d, the words, figures and letters section 354, section 354a, section 354b, section 354c, section 354d, section 354e, section 376, section 376a, section 376b, section 376c, section 376d, section 376e, section 376f, section 509, section 509a or section 509b shall be substituted. vide chhattisgarh act 25 of , s. 11. maharashtra in section 309 of the code of criminal procedure, 2 of , in its application to the state of maharashtra hereinafter, in this chapter, referred to as the code of criminal procedure, after the existing proviso, the following proviso shall be added, namely: provided further that, when the enquiry or trial relates to an offence under section 332 or 353 45 of of the indian penal code, the inquiry or trial shall, as far as possible be completed within a period of six months from the date of filing of the charge sheet. vide maharashtra act, 40 of , s. 4. arunachal pradesh amendment of section 309.in the proviso to subsection 1 of section 309 of the principal act, for the words, figures and letters section 376, section 376a, section 376b, section 376c or section 376d of the indian penal code the words, figures and letters section 376, section 376a, section 376aa section 376b, section 376c, section 376d or section 376da of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 18 1. subs. by act 13 of , s. 21, for subsection 1 w.e.f. . 2. 1. subs. by act 22 of , s. 16, for section 376a, section 376b, section 376c, section 376d of the indian penal code, the inquiry or trial shall, as far as possible, w.e.f. . 3. ins. by act 45 of , s. 24 w.e.f. . 4. ins. by act 5 of , s. 21 w.e.f. .

section 310. of the code of criminal procedure : 1 any judge or magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. 2 such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost.

section 311a. of the code of criminal procedure : 1if a magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this code, it is expedient to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or handwriting: provided that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding. 1. ins. by act 25 of , s. 27 w.e.f. .

section 312. of the code of criminal procedure : subject to any rules made by the state government, any criminal court may, if it thinks fit, order payment, on the part of the government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such court under this code.

section 318. of the code of criminal procedure : if the accused, though not of unsound mind, cannot be made to understand the proceedings, the court may proceed with the inquiry or trial and, in the case of a court other than a high court, if such proceedings result in a conviction, the proceedings shall be forwarded to the high court with a report of the circumstances of the case, and the high court shall pass thereon such order as it thinks fit.

section 313. of the code of criminal procedure : 1 in every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court a may at any stage, without previously warning the accused put such questions to him as the court considers necessary b shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: provided that in a summonscase, where the court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause b. 2 no oath shall be administered to the accused when he is examined under subsection 1. 3 the accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. 4 the answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. 15 the court may take help of prosecutor and defence counsel in preparing relevant questions which are to be put to the accused and the court may permit filing of written statement by the accused as sufficient compliance of this section. state amendment jharkhand. amendment of section 313.in section 313 of code of criminal procedure, , in its application to the state of jharkhand: i in every enquiry or trial for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him the courtafter the words enabling the accused, the word in person or through the medium of electronic video linkage shall be inserted. vide jharkhand act 2 of , s. 4 1. ins. by act 5 of , s. 22 w.e.f. .

section 314. of the code of criminal procedure : 1 any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. 2 a copy of every such memorandum shall be simultaneously furnished to the opposite party. 3 no adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. 4 the court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

section 315. of the code of criminal procedure : 1 any person accused of an offence before a criminal court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: provided that a he shall not be called as a witness except on his own request in writing b his failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him that the same trial. 2 any person against whom proceedings are instituted in any criminal court under section 98, or section 107 or section 108, or section 109, or section 110, or under chapter ix or under part b, part c or part d of chapter x, may offer himself as a witness in such proceedings: provided that in proceedings under section 108, section 109, or section 110, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.

section 316. of the code of criminal procedure : except as provided in sections 306 and 307, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

section 317. of the code of criminal procedure : 1 at any stage of an inquiry or trial under this code, if the judge or magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the judge or magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. 2 if the accused in any such case is not represented by a pleader, or if the judge or magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. state amendment gujarat in the principal act, to section 317, the following explanation shall be added, namely: explanation:for the purpose of this section personal attendance of the accused shall include his attendance through the medium of electronic video linkage as provided in section 273.. vide gujarat act 31 of , s. 6.

section 319. of the code of criminal procedure : 1 where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed. 2 where such person is not attending the court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. 3 any person attending the court, although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. 4 where the court proceeds against any person under subsection 1, then a the proceedings in respect of such person shall be commenced afresh, and the witnesses reheard b subject to the provisions of clause a, the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced.

section 326. of the code of criminal procedure : 1 whenever any 1judge or magistrate, after having heard and recorded the whole or any part of the evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1judge or magistrate who has and who exercises such jurisdiction, the 1judge or magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: provided that if the succeeding 1judge or magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon any such witness, and after such further examination, crossexamination and reexamination, if any, as he may permit, the witness shall be discharged. 2 when a case is transferred under the provisions of this code 2from one judge to another judge or from one magistrate to another magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of subsection 1. 3 nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior magistrate under section 325. state amendment uttar pradesh in section 326 of the said code, a in subsection 1, for the word magistrate, wherever occurring the words judge or magistrate shall be substituted, b in subsection 2, before the words from one magistrate, to another magistrate, the words from one judge to another judge or shall be inserted. vide uttar pradesh act 16 of , s. 8 1. subs. by act 45 of , s. 27, for magistrate w.e.f. . 2. subs. by s. 27, ibid., for from one magistrate to another magistrate w.e.f. .

section 320. of the code of criminal procedure : 1 the offences punishable under the sections of the indian penal code 45 of specified in the first two columns of the table next following may be compounded by the persons mentioned in the third column of that table: 1table offence section of the person by whom offence indian penal may be compounded code applicable 1 2 3 uttering words, etc., with deliberate 298 the person whose religious feelings intent to wound the religious are intended to be wounded. feelings of any person. voluntarily causing hurt. 323 the person to whom the hurt is caused. voluntarily causing hurt on 334 ditto. provocation. voluntarily causing grievous hurt 335 the person to whom the hurt is on grave and sudden provocation. caused. wrongfully restraining or confining341, the person restrained or confined. any person. 342 wrongfully confining a person for 343 the person confined. three days or more wrongfully confining a person for 344 ditto. ten days or more. 1 2 3 wrongfully confining a person in 346 the person confined. secret. assault or use of criminal force. 352, the person assaulted or to whom 355, criminal force is used. 358 theft. 379 the owner of the property stolen. dishonest misappropriation of 403 the owner of the property property. misappropriated. criminal breach of trust by a carrier,407 the owner of the property in respect wharfinger, etc. of which the breach of trust has been committed. dishonestly receiving stolen 411 the owner of the property stolen. property knowing it to be stolen. assisting in the concealment or 414 ditto. disposal of stolen property, knowing it to be stolen. cheating. 417 the person cheated. cheating by personation. 419 ditto. fraudulent removal or concealment 421 the creditors who are affected of property, etc., to prevent thereby. distribution among creditors. fraudulently preventing from being 422 ditto. made available for his creditors a debt or demand due to the offender. fraudulent execution of deed of 423 the person affected thereby. transfer containing false statement of consideration. fraudulent removal or concealment 424 ditto. of property. mischief, when the only loss or 426, the person to whom the loss or damage caused is loss or damage to 427 damage is caused. a private person. mischief by killing or maiming 428 the owner of the animal. animal. mischief by killing or maiming 429 the owner of the cattle or animal. cattle, etc. mischief by injury to works of 430 the person to whom the loss or irrigation by wrongfully diverting damage is caused. water when the only loss or damage caused is loss or damage to private person. 1 2 3 criminal trespass. 447 the person in possession of the property trespassed upon. housetrespass. 448 ditto. housetrespass to commit an 451 the person in possession of the offence other than theft punishable house trespassed upon. with imprisonment. using a false trade or property 482 the person to whom loss or injury is mark. caused by such use. counterfeiting a trade or property 483 ditto. mark used by another. knowingly selling, or exposing or 486 ditto. possessing for sale or for manufacturing purpose, goods marked with a counterfeit property mark. criminal breach of contract of 491 the person with whom the offender service. has contracted. adultery. 497 the husband of the woman. enticing or taking away or detaining498 the husband of the woman and the with criminal intent a married woman woman. defamation, except such cases as 500 the person defamed. are specified against section 500 of the indian penal code 45 of in column 1 of the table under subsection 2. printing or engraving matter, 501 ditto. knowing it to be defamatory. sale of printed or engraved 502 ditto. substance containing defamatory matter, knowing it to contain such matter. insult intended to provoke a breach 504 the person insulted./bt of the peace. criminal intimidation. 506 the person intimidated. inducing person to believe himself 508 the person induced. an object of divine displeasure. 2 the offences punishable under the sections of the indian penal code 45 of specified in the first two columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table: 2table offence section of the person by whom offence indian penal may be compounded code applicable 1 2 3 causing miscarriage. 312 the woman to whom miscarriage is caused . voluntarily causing grievous hurt. 325 the person to whom hurt is caused. causing hurt by doing an act so 337 ditto. rashly and negligently as to endanger human life or the personal safety of others. causing grievous hurt by doing an 338 ditto. act so rashly and negligently as to endanger human life or the personal safety of others. assault or criminal force in attempt357 the person assaulted or to whom ting wrongfully to confine a person. the force was used. theft, by clerk or servant of 381 the owner of the property stolen. property in possession of master. criminal breach of trust 406 the owner of property in respect of which breach of trust has been committed. criminal breach of trust by a clerk 408 the owner of the property in respect or servant. of which the breach of trust has been committed. cheating a person whose interest 418 the person cheated. the offender was bound, either by law or by legal contract, to protect. cheating and dishonestly inducing 420 the person cheated. delivery of property or the making, alteration or destruction of a valuable security. marrying again during the lifetime 494 the husband or wife of the person so marrying. of a husband or wife. 1 2 3 defamation against the president or the 500 the person defamed. vicepresident or the governor of a state or the administrator of a union territory or a minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. uttering words or sounds or making 509 the woman whom it was intended to gestures or exhibiting any object insult or whose privacy was intruded intending to insult the modesty of a upon. woman or intruding upon the privacy of a woman. 3 3 when an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence when such attempt is itself an offence or where the accused is liable under section 34 or 149 of the indian penal code 45 of may be compounded in like manner. 4 a when the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the court, compound such offence. b when the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the code of civil procedure, 5 of of such person may, with the consent of the court, compound such offence. 5 when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the court to which he is committed, or, as the case may be, before which the appeal is to be heard. 6 a high court or court of session acting in the exercise of its powers of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section. 7 no offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. 8 the composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. 9 no offence shall be compounded except as provided by this section. state amendment madhya pradesh amendment of section 320.in the table below subsection 2 of section 320 of the principal act, i in column first, second and third, before section 324 and entries relating thereto, the following sections and entries relating thereto shall be inserted, namely: 123rioting147the person against whom the force or violence is used at the time of committing an offence:provided that the accused is not charged with other offence which is not compoundablerioting armed with deadly weapon148the person against whom the force or violence is used at the time of committing an offence: provided that the accused is not charged with other offence which is not compoundable.obscene acts or use of obscene words294the person against whom obscene acts were done or obscene words were used. ii in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating thereto shall be inserted, namely: 1 2 3criminal intimidation if threat to be caused death or grievous hurt, etc.part ii of section 506the person against whom the offence of criminal intimidation was committed.. vide madhya pradesh 17 of , s. 3. andhra pradesh and telangana amendment of section 320 central act 2 of .in the code of criminal procedure, , in section 320, in subsection 2, in the table and in the column thereof after item, the following item and entries relating thereto shall be inserted, namely: marrying again during the lifetime of a husband or wife.494. the husband or wife of the person so marrying.husband or relative of husband of a woman subjecting her to cruelty.498a the women subjected to cruelty: provided that a minimum period of three months shall elapse from the date of request or application for compromise before a court and the court can accept a request for compounding an offence under section 498 a of the indian penal code, , provided none of the parties withdraw the case in the intervening period. vide the andhra pradesh act 11 of , s. 2 1. subs. by act 5 of , s. 23, for the table w.e.f. 2. subs. by act 5 of , s. 23, for table w.e.f. . 3. subs. by act 5 of , s. 23, for subsection 3 w.e.f. .

section 321. of the code of criminal procedure : the public prosecutor or assistant public prosecutor in charge of a case may, with the consent of the court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried and, upon such withdrawal, a if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences b if it is made after a charge has been framed, or when under this code no charge is required, he shall be acquitted in respect of such offence or offences: provided that where such offence i was against any law relating to a matter to which the executive power of the union extends, or ii was investigated by the delhi special police establishment under the delhi special police establishment act, 25 of , or iii involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or iv was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty, and the prosecutor in charge of the case has not been appointed by the central government, he shall not, unless he has been permitted by the central government to do so, move the court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the prosecutor to produce before it the permission granted by the central government to withdraw from the prosecution. state amendment uttar pradesh in section 321 of the said code, after the words in charge of a case may the words on the written permission of the state government to that effect which shall be filed in court, shall be inserted. vide uttar pradesh act 18 of , s. 3 amendment of section 321. b for subsection 3 the following subsection shall be substituted, namely : 3 when the court imposes a sentence, of which fine does not form a part, the court may, and where the person who has suffered the loss or injury is a member of the scheduled castes or the scheduled tribes and the person sentenced is not a member of such castes or tribes the court shall, when passing judgment, order the person sentenced to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the person has been so sentenced. vide uttar pradesh act 17 of , s. 2

section 322. of the code of criminal procedure : 1 if, in the course of any inquiry into an offence or a trial before a magistrate in any district, the evidence appears to him to warrant a presumptionn a that he has no jurisdiction to try the case or commit it for trial, or b that the case is one which should be tried or committed for trial by some other magistrate in the district, or c that the case should be tried by the chief judicial magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the chief judicial magistrate or to such other magistrate, having jurisdiction, as the chief judicial magistrate directs. 2 the magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any magistrate subordinate to him having jurisdiction, or commit the accused for trial.

section 323. of the code of criminal procedure : if, in any inquiry into an offence or a trial before a magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the court of session, he shall commit it to that court under the provisions hereinbefore contained 1 and thereupon the provisions of chapter xviii shall apply to the commitment so made. 1. ins. by act 45 of , s. 26 w.e.f. .

section 324. of the code of criminal procedure : 1 where a person, having been convicted of an offence punishable under chapter xii or chapter xvii of the indian penal code 45 of , with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, and the magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the chief judicial magistrate or committed to the court of session, unless the magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. 2 when any person is sent for trial to the chief judicial magistrate or committed to the court of session under subsection 1, any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the magistrate discharges such other person under section 239 or section 245, as the case may be.

section 325. of the code of criminal procedure : 1 whenever a magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such magistrate is empowered to inflict, or, being a magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the chief judicial magistrate to whom he is subordinate. 2 when more accused than one are being tried together, and the magistrate considers it necessary to proceed under subsection 1, in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the chief judicial magistrate. 3 the chief judicial magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

section 327. of the code of criminal procedure : 11 the place in which any criminal court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open court, to which the public generally may have access, so far as the same can conveniently contain them: provided that the presiding judge or magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the court. 22 notwithstanding anything contained in sub section 1, the inquiry into and trial of rape or an offence under section 376, 3section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db section 376e of the indian penal code 45 of shall be conducted in camera : 4provided further that in camera trial shall be conducted as far as practicable by a woman judge or magistrate. 3 where any proceedings are held under subsection 2, it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the court: 4provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties. state amendments chhattisgarh in subsection 2 of the section 327 of the code, for the words, figures and letters or an offence under section 376, section 376a, section 376b, section 376c, section 376d or section 376e of the indian penal code, the words, figures, letters and punctuations sexual harassment, outraging modesty of woman or an offence under section 354, section 354a, section 354b, section 354c, section 354d, section 354e, section 376, section 376a, section 376b, section 376c, section 376d, section 376e, section 376f, section 509, section 509a or section 509b of the indian penal code shall be substituted. vide chhattisgarh act 25 of , s. 12. arunachal pradesh amendment of section 327.in section 327 of the principal act, in subsection 2, for the words, figures and letters section 376, section 376a, section 376b, section 376c, section 376d or section 376e of the indian penal code the words, figures and letters section 376, section 376a, section 376aa, section 376b, section 376c, section 376d, section 376da or section 376e of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 19 1. s. 327 renumbered as subsection 1 thereof by act 43 of , s. 4 w.e.f. . 2. ins. by act 43 of , s. 4 w.e.f. . 3. subs. by act 22 of , s. 17, for section 376a, section 376b, section 376c section 376d w.e.f. . 4. ins. by act 5 of , s. 24 w.e.f. .

section 334. of the code of criminal procedure : whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

section 328. of the code of criminal procedure : 1 when a magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the state government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. 11a if the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the magistrate whether the accused is suffering from unsoundness of mind or mental retardation: provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the magistrate, he may prefer an appeal before the medical board which shall consist of a head of psychiatry unit in the nearest government hospital and b a faculty member in psychiatry in the nearest medical college. 2 pending such examination and inquiry, the magistrate may deal with such person in accordance with the provisions of section 330. 23 if such magistrate is informed that the person referred to in subsection 1a is a person of unsound mind, the magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 330: provided that if the magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 330. 4 if such magistrate is informed that the person referred to in subsection 1a is a person with mental retardation, the magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330. 1. ins. by act 5 of , s. 25 w.e.f. . 2. subs. by s. 25, ibid., for subsection 3 w.e.f. .

section 331. of the code of criminal procedure : 1 whenever an inquiry or a trial is postponed under section 328 or section 329, the magistrate or court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such magistrate or court. 2 when the accused has been released under section 330, and the sureties for his appearance produce him to the officer whom the magistrate or court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

section 329. of the code of criminal procedure : 1 if at the trial of any person before a magistrate or court of session, it appears to the magistrate or court that such person is of unsound mind and consequently incapable of making his defence, the magistrate or court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the magistrate or court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. 11a if during trial, the magistrate or court of sessions finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be shall report to the magistrate or court whether the accused is suffering from unsoundness of mind: provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the magistrate, he may prefer an appeal before the medical board which shall consist of a head of psychiatry unit in the nearest government hospital and b a faculty member in psychiatry in the nearest medical college. 22 if such magistrate or court is informed that the person referred to in subsection 1a is a person of unsound mind, the magistrate or court shall further determine whether unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the magistrate or court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the magistrate or court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 330: provided that if the magistrate or court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. 3 if the magistrate or court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 330. 1. ins. by s. 26, ibid. w.e.f. 2. subs. by s. 26, ibid., for subsection 2, w.e.f. .

section 330. of the code of criminal procedure : 1330. release of person of unsound mind pending investigation or trial. 1 whenever a person if found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the magistrate or court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail: provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate inpatient treatment and a friend or relative undertakes to obtain regular outpatient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. 2 if the case is one in which, in the opinion of the magistrate or court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the state government: provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the state government may have made under the mental health act, 14 of . 3 whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the magistrate or court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered: provided that a if on the basis of medical opinion or opinion of a specialist, the magistrate or court, as the case may be, decide to order discharge of the accused, as provided under section 328 or section 329, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person b if the magistrate or court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training. 1. subs. by act 5 of , s. 27, for section 330 w.e.f. .

section 332. of the code of criminal procedure : 1 if, when the accused appears or is again brought before the magistrate or court, as the case may be, the magistrate or court considers him capable of making his defence, the inquiry or trial shall proceed. 2 if the magistrate or court considers the accused to be still incapable of making his defence, the magistrate or court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable making his defence, shall deal with such accused in accordance with the provisions of section 330.

section 333. of the code of criminal procedure : when the accused appears to be of sound mind at the time of inquiry or trial, and the magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the magistrate shall proceed with the case, and, if the accused ought to be tried by the court of session, commit him for trial before the court of session.

section 335. of the code of criminal procedure : 1 whenever the finding states that the accused person committed the act alleged, the magistrate or court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence, a order such person to be detained in safe custody in such place and manner as the magistrate or court thinks fit or b order such person to be delivered to any relative or friend of such person. 2 no order for the detention of the accused in a lunatic asylum shall be made under clause a of sub section 1 otherwise than in accordance with such rules as the state government may have made under the indian lunacy act, 4 of . 3 no order for the delivery of the accused to a relative or friend shall be made under clause b of subsection 1 except upon the application of such relative or friend and on his giving security to the satisfaction of the magistrate or court that the person delivered shall a be properly taken care of and prevented from doing injury to himself or to any other person b be produced for the inspection of such officer, and at such times and places, as the state government may direct. 4 the magistrate or court shall report to the state government the action taken under subsection 1.

section 342. of the code of criminal procedure : any court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just.

section 336. of the code of criminal procedure : the state government may empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discharge all or any of the functions of the inspectorgeneral of prisons under section 337 or section 338.

section 337. of the code of criminal procedure : if such person is detained under the provisions of subsection 2 of section 330, and in the case of a person detained in a jail, the inspectorgeneral of prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the magistrate or court, as the case may be, at such time as the magistrate or court appoints, and the magistrate or court shall deal with such person under the provisions of section 332 and the certificate of such inspectorgeneral or visitors as aforesaid shall be receivable as evidence.

section 338. of the code of criminal procedure : 1 if such person is detained under the provisions of subsection 2 of section 330, or section 335, and such inspectorgeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the state government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum and, in case it orders him to be transferred to an asylum, may appoint a commission, consisting of a judicial and two medical officers. 2 such commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the state government, which may order his release or detention as it thinks fit.

section 339. of the code of criminal procedure : 1 whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the state government may, upon the application of such relative or friend and on his giving security to the satisfaction of such state government, that the person delivered shall a be properly taken care of and prevented from doing injury to himself or to any other person b be produced for the inspection of such officer, and at such times and places, as the state government may direct c in the case of a person detained under subsection 2 of section 330, be produced when required before such magistrate or court, order such person to be delivered to such relative or friend. 2 if the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause b of subsection 1, certifies at any time to the magistrate or court that such person is capable of making his defence, such magistrate or court shall call upon the relative or friend to whom such accused was delivered to produce him before the magistrate or court and, upon such production the magistrate or court shall proceed in accordance with the provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence.

section 340. of the code of criminal procedure : 1 when, upon an application made to it in this behalf or otherwise, any court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause b of subsection 1 of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, a record a finding to that effect b make a complaint thereof in writing c send it to a magistrate of the first class having jurisdiction d take sufficient security for the appearance of the accused before such magistrate, or if the alleged offence is nonbailable and the court thinks it necessary so to do, send the accused in custody to such magistrate and e bind over any person to appear and give evidence before such magistrate. 2 the power conferred on a court by subsection 1 in respect of an offence may, in any case where that court has neither made a complaint under subsection 1 in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of subsection 4 of section 195. 3 a complaint made under this section shall be signed, a where the court making the complaint is a high court, by such officer of the court as the court may appoint 1b in any other case, by the presiding officer of the court or by such officer of the court as the court may authorise in writing in this behalf. 4 in this section, court has the same meaning as in section 195. 1. subs. by act 2 of , s. 6, for clause b w.e.f. .

section 341. of the code of criminal procedure : 1 any person on whose application any court other than a high court has refused to make a complaint under subsection 1 or subsection 2 of section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of subsection 4 of section 195, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former court might have made under section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly. 2 an order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.

section 347. of the code of criminal procedure : when the state government so directs, any registrar or any subregistrar appointed under the 1 registration act, 16 of , shall be deemed to be a civil court within the meaning of sections 345 and 346. 1. the word indian omitted by act 56 of , s. 3 and the second sch. w.e.f. .

section 343. of the code of criminal procedure : 1 a magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in chapter xv, proceed, as far as may be, to deal with the case as if it were instituted on a police report. 2 where it is brought to the notice of such magistrate, or of any other magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

section 349. of the code of criminal procedure : if any witness or person called to produce a document or thing before a criminal court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the presiding magistrate or judge commit him to the custody of an officer of the court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 345 or section 346.

section 344. of the code of criminal procedure : 1 if, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a court of session or magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both. 2 in every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. 3 nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section. 4 where, after any action is initiated under subsection 1, it is made to appear to the court of session or magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that subsection has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

section 345. of the code of criminal procedure : 1 when any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of is committed in the view or presence of any civil, criminal, or revenue court, the court may cause the offender to be detained in custody, and may, at any time before the rising of the court or the same day, take cognizance of the offence and, after giving he offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. 2 in every such case the court shall record the fact constituting the offence, with the statement if any made by the offender, as well as the finding and sentence. 3 if the offence is under section 228 of the indian penal code 45 of , the record shall show the nature and stage of the judicial proceeding in which the court interrupted or insulted was sitting, and the nature of the interruption or insult.

section 351. of the code of criminal procedure : 1 any person sentenced by any court other than a high court under section 344, section 345, section 349, or section 350 may, notwithstanding anything contained in this code appeal to the court to which decrees or orders made in such court are ordinarily appealable. 2 the provisions of chapter xxix shall, so far as they are applicable, apply to appeals under this section, and the appellate court may alter or reverse the finding, or reduce or reverse the sentence appealed against. 3 an appeal from such conviction by a court of small causes shall lie to the court of session for the sessions division within which such court is situate. 4 an appeal from such conviction by any registrar or subregistrar deemed to be a civil court by virtue of a direction issued under section 347 shall lie to the court of session for the sessions division within which the office of such registrar or subregistrar is situate.

section 346. of the code of criminal procedure : 1 if the court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such court is for any other reason of opinion that the case should not be disposed of under section 345, such court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such magistrate, or if sufficient security is not given, shall forward such person in custody to such magistrate. 2 the magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.

section 348. of the code of criminal procedure : when any court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such court, or on apology being made to its satisfaction.

section 350. of the code of criminal procedure : 1 if any witness being summoned to appear before a criminal court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. 2 in every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

section 352. of the code of criminal procedure : except as provided in sections 344, 345, 349 and 350, no judge of a criminal court other than a judge of a high court or magistrate shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such judge or magistrate in the course of a judicial proceeding.

section 357. of the code of criminal procedure : 1 when a court imposes a sentence of fine or a sentence including a sentence of death of which fine forms a part, the court may, when passing judgment, order the whole or any part of the fine recovered to be applied a in defraying the expenses of properly incurred in the prosecution b in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the court, recoverable by such person in a civil court c when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 13 of , entitled to recover damages from the person sentenced for the loss resulting to them from such death d when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. 2 if the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. 3 when a court imposes a sentence, of which fine does not form a part, the court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. 4 an order under this section may also be made by an appellate court or by the high court or court of session when exercising its powers of revision. 5 at the time of awarding compensation in any subsequent civil suit relating to the same matter, the court shall take into account any sum paid or recovered as compensation under this section. state amendments karnataka amendments of section 357. in section 357 of the code of criminal procedure central act 2 of . 1 in section 357, in subsection 1, after the words the court may the brackets, figures and words and where the person against whom an offence is committed belongs to a scheduled caste or a scheduled tribe as defined in clauses 24 and 25 of article 366 of the constitution and the accused person doesnt belong to a scheduled caste or a scheduled tribe the court shall, shall be inserted: 2 for subsection 3, the following subsection shall be substituted, namely: 3 when a court imposes a sentence of which the fine does not form a part, the court may, and where a person against whom an offence is committed belongs to a scheduled caste or a scheduled tribe as defined in clauses 24 and 25 of article 366 of the constitution and the accused person does not belong to a scheduled caste or a scheduled tribe, the court shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. vide karnataka act 27 of , s. 2. madhya pradesh amendment of section 357.in section 357 of the principal act, i in subsection 1, for the brackets, figure and words 1 when a court imposes a sentence of fine or a sentence including a sentence of death of which fine forms a part, the court may, when passing judgment, order the whole or any part of the fine recovered to be applied the brackets, figure and words 1 when a court imposes a sentence of fine or a sentence including a sentence of death of which fine forms a part, the court may, and where a person against whom an offence is committed belongs to scheduled castes or scheduled tribes as defined in clauses 24 and 25 and of article 366 of the constitution except when both the accused person and the person against whom an offence is committed belong cither to such castes or tribes, the court shall, when passing judgment, order the whole or any part of the fine recovered to be appliedshall be substituted and ii for subsection 3, the following subsection shall be substituted, namely: 3 when court imposes a sentence, of which fine does not form a part, the court may, and where a person against whom an offence is committed belongs to scheduled castes or scheduled tribes as defined in clauses 24 and 25 of article 366 of the constitution, the court shall when passing judgment order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced: provided that the court may not order the accused person to pay by way of compensation any amount if both the accused person and the person against whom an offence is committed belong either to the scheduled castes or the scheduled tribes. vide madhya pradesh act 29 of , s. 3. west bengal in section 357 of the principal act, a in subsection 1, for the words and brackets when a court imposes a sentence of fine or a sentence including a sentence of death of which fine forms a part, the court may, when passing judgment, order the whole or any part of the fine recovered to be applied, the words and brackets when a court imposes a sentence of fine or a sentence including a sentence of death of which fine forms a part, the court may, and where the person against whom an offence has been committed belongs to scheduled castes or scheduled tribes, except when both the accused person and the person against whom an offence has been committed belong either to scheduled castes or to scheduled tribes shall, when passing judgment, order the whole or any part of the fine recovered to be applied shall be substituted b for subsection 3, the following subsection shall be substituted, namely: 3 when a court imposes a sentence, of which fine does not form a part, the court may, and where the person against whom an offence has been committed belongs to scheduled castes or scheduled tribes, shall, when passing judgment order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced: provided that the court may not order the accused person to pay by way of compensation, any amount if both the accused person and the person against whom an offence has been committed belong either to scheduled castes or to scheduled tribes. c after subsection 5, the following explanation shall be inserted: explanation.for the purposes of the section the expression scheduled castes and scheduled tribes shall have the meaning respectively assigned to them in clauses 24 and 25 of article 366 of the constitution of india.. vide west bengal act 33 of , s. 3. andhra pradesh and telangana amendment of section 357 central act 2 of .in the code of criminal procedure, in its application to the state of andhra pradesh, in section 357, i in subsection 1, after the words the court may, the expression and where a person against whom an offence is committed belongs to scheduled castes or scheduled tribes as defined in clauses 24 and 25 of article 366 of the constitution of india except when both the accused persons and the person against whom an offence is committed belong either to such castes or tribes, the court shall, shall be inserted and ii for subsection 3, the following subsection shall be substituted, namely: 3 when a court imposes a sentence of which fine does not form a part, the court may, and where a person against whom an offence is committed belongs to scheduled castes or scheduled tribes as defined in clauses 24 and 25 of article 366 of the constitution of india, the court shall, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced: provided that the court may not order the accused person to pay by way of compensation any amount, if both the accused person and the person against whom an offence is committed belong either to the scheduled castes or the scheduled tribes. vide andhra pradesh act 21 of , s. 2 uttar pradesh in section 357 of the code of criminal procedure, , a in subsection 1, after the clause d, the following proviso shall be inserted, namely : provided that if a person who may receive compensation under clauses b, c and d is a member of the scheduled castes or the scheduled tribes and the person sentenced is not a member of such castes or tribes, the court shall order the whole or any part of the fine recovered to be applied in payment of such compensation. vide uttar pradesh act 17 of , s. 2 bihar amendment of section 357 of the code of criminal procedure, act ii of . in subsection 1 of section 357 of the code of criminal procedure, ii of the following proviso shall be added namely: provided that the person against whom an offence is committed belongs to scheduled castes and to scheduled tribes as defined under clause 24 and clause 25 to article 366 of the constitution, the court shall at the time of judgment pass order that the entire amount of fine realised or any part of it will be utilised for the benefit of such person by way of compensation. vide bihar act 9 of , s. 2

section 353. of the code of criminal procedure : 1 the judgment in every trial in any criminal court or original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders, a by delivering the whole of the judgment or b by reading out the whole of the judgment or c by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his pleader. 2 where the judgment is delivered under clause a of subsection 1, the presiding officer shall cause it to be taken down in shorthand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open court. 3 where the judgment or the operative part thereof is read out under clause b or clause c of subsection 1, as the case may be, it shall be dated and signed by the presiding officer in open court, and if it is not written with his own hand, every page of the judgment shall be signed by him. 4 where the judgment is pronounced in the manner specified in clause c of subsection 1, the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost. 5 if the accused is in custody, he shall be brought up to hear the judgment pronounced. 6 if the accused is not in custody, he shall be required by the court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: provided that, where there are more accused than one, and one or more of them do not attend the court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. 7 no judgment delivered by any criminal court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place. 8 nothing in this section shall be construed to limit in any way the extent of the provisions of section 465. state amendment jharkhand. amendment of section 3535.in section 3535 of code of criminal procedure, , in its application to the state of jharkhand i if accused is in custody, he shall be brought up to hear the judgement pronounced. after the words he shall be brought up the word in person or through the medium of electronic video linkage shall be inserted. vide jharkhand act 2 of , s. 5

section 354. of the code of criminal procedure : 1 except as otherwise expressly provided by this code, every judgment referred to in section 353, a shall be written in the language of the court b shall contain the point or points for determination, the decision thereon and the reasons for the decision c shall specify the offence if any of which, and the section of the indian penal code 45 of or other law under which, the accused is convicted, and the punishment to which he is sentenced d if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. 2 when the conviction is under the indian penal code 45 of and it is doubtful under which of two sections, or under which of two parts of the same section, of that code the offence falls, the court shall distinctly express the same, and pass judgment in the alternative. 3 when the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. 4 when the conviction is for an offence punishable with imprisonment for a term of one year or more, but the court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the court or unless the case was tried summarily under the provisions of this code. 5 when any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. 6 every order under section 117 or subsection 2 of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.

section 355. of the code of criminal procedure : instead of recording a judgment in the manner hereinbefore provided, a metropolitan magistrate shall record the following particulars, namely: a the serial number of the case b the date of the commission of the offence c the name of the complainant if any d the name of the accused person, and his parentage and residence e the offence complained of or proved f the plea of the accused and his examination if any g the final order h the date of such order i in all cases in which an appeal lies from the final order either under section 373 or under subsection 3 of section 374, a brief statement of the reasons for the decision.

section 356. of the code of criminal procedure : 1 when any person, having been convicted by a court in india of an offence punishable under section 215, section 489a, section 489b, section 489c or section 489d 1 or section 506 in so far as it relates to criminal intimidation punishable with imprisonment for a term which may extend to seven years or with fine or with both of the indian penal code 45 of , or of any offence punishable under chapter xii 1 or chapter xvi or chapter xvii of that code, with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable under any of those sections or chapters with imprisonment for a term of three years or upwards by any court other than that of a magistrate of the second class, such court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence. 2 the provisions of subsection 1 with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abatement of such offences and attempts to commit them. 3 if such conviction is set aside on appeal or otherwise, such order shall become void. 4 an order under this section may also be made by an appellate court or by the high court or court of session when exercising its powers of revision. 5 the state government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts. 6 such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. 1. ins. by act 25 of , s. 29 w.e.f. .

section 362. of the code of criminal procedure : save as otherwise provided by this code or by any other law for the time being in force, no court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

section 357a. of the code of criminal procedure : 1357a. victim compensation scheme. 1 every state government in coordination with the central government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. 2 whenever a recommendation is made by the court for compensation, the district legal service authority or the state legal service authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in subsection 1. 3 if the trial court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. 4 where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the state or the district legal services authority for award of compensation. 5 on receipt of such recommendations or on the application under subsection 4, the state or the district legal services authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. 6 the state or the district legal services authority, as the case may be, to alleviate the suffering of the victim, may order for immediate firstaid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. 1. ins. by act 5 of , s. 28 w.e.f. .

section 361. of the code of criminal procedure : where in any case the court could have dealt with, a an accused person under section 360 or under the provisions of the probation of offenders act, 20 of or b a youthful offender under the children act, 60 of or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

section 357b. of the code of criminal procedure : 1357b. compensation to be in addition to fine under section 326a or section 376d of indian penal code.the compensation payable by the state government under section 357a shall be in addition to the payment of fine to the victim 2under section 326a, section 376ab, section 376d, section 376da and section 376db of the indian penal code 45 of . state amendments arunachal pradesh. amendment of section 357b.in section 357b of the principal act, for the words, figures and letters section 326a or section 376d of the indian penal code the words, figures ad letters section 326a, 376d or section 376da of the indian penal code shall be substituted. videarunachal pradesh act 3 of , s. 20 1. ins. by act 13 of , s. 23 w.e.f. . 2. subs. by act 22 of , s. 18, for under section 326a or section 376d of the indian penal code 45 of w.e.f. 214 .

section 363. of the code of criminal procedure : 1 when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. 2 on the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: provided that where a sentence of death is passed or confirmed by the high court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. 3 the provisions of subsection 2 shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused. 4 when the accused is sentenced to death by any court and an appeal lies from such judgment as of right, the court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. 5 save as otherwise provided in subsection 2, any person affected by a judgment or order passed by a criminal court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: provided that the court may, if it thinks fit for some special reason, give it to him free of cost. 6 the high court may, by rules, provide for the grant of copies of any judgment or order of a criminal court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the high court may, by such rules, provide. state amendment karnataka amendment of section 363.in section 363 of the code of criminal procedure, central act of , after the proviso to subsection 5, the following proviso shall be inserted, namely: provided further that the state shall, on an application made in this behalf by the prosecuting officer be given, free of cost, a certified copy of such judgement, order, deposition or record with the prescribed endorsement. vide karnataka act 19 of , s. 2.

section 364. of the code of criminal procedure : the original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the court, and the accused so requires, a translation thereof into the language of the court shall be added to such record.

section 357c. of the code of criminal procedure : 1357c. treatment of victims.all hospitals, public or private, whether run by the central government, the state government, local bodies or any other person, shall immediately, provide the firstaid or medical treatment, free of cost, to the victims of any offence covered under section 326a, 376, 2376a, 376ab, 376b, 376c, 376d, 376da, 376db or section 376e of the indian penal code 45 of , and shall immediately inform the police of such incident. state amendment arunachal pradesh. amendment of 21 section 357c.in section 357c of the principal act, for the words, figures and letters section 326a, 376, 376a, 376b, 376c, 376d or section 376e of the indian penal code the words, figures and letters section 326a, 376aa, 376b, 376c, 376d, 376da or section 376e of the indian penal code shall be substituted. vide arunachal pradesh act 3 of , s. 21 1. ins. by act 13 of , s. 23 w.e.f. . 2. subs. by act 22 of , s. 19, for 376a, 376b, 376c, 376d w.e.f. .

section 365. of the code of criminal procedure : in cases tried by the court of session or a chief judicial magistrate, the court or such magistrate, as the case may be, shall forward a copy of its or his finding and sentence if any to the district magistrate within whose local jurisdiction the trial was held.

section 358. of the code of criminal procedure : 1 whenever any person causes a police officer to arrest another person, if it appears to the magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the magistrate may award such compensation, not exceeding 1one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the magistrate thinks fit. 2 in such cases, if more persons than one are arrested, the magistrate may, in like manner, award to each of them such compensation, not exceeding 1 one thousand rupees, as such magistrate thinks fit. 3 all compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the magistrate directs, unless such sum is sooner paid. 1. subs. by act 25 of , s. 30, for one hundred rupees w.e.f. .

section 359. of the code of criminal procedure : 1 whenever any complaint of a noncognizable offence is made to a court, the court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of processfees, witnesses and pleaders fees which the court may consider reasonable. 2 an order under this section may also be made by an appellate court or by the high court or court of session when exercising its powers of revision.

section 366. of the code of criminal procedure : 1 when the court of session passes a sentence of death, the proceedings shall be submitted to the high court, and the sentence shall not be executed unless it is confirmed by the high court. 2 the court passing the sentence shall commit the convicted person to jail custody under a warrant.

section 360. of the code of criminal procedure : 1 when any person not under twentyone years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twentyone years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period not exceeding three years as the court may direct, and in the meantime to keep the peace and be of good behaviour: provided that where any first offender is convicted by a magistrate of the second class not specially empowered by the high court, and the magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such magistrate, who shall dispose of the case in the manner provided by subsection 2. 2 where proceedings are submitted to a magistrate of the first class as provided by subsection 1, such magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. 3 in any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the indian penal code 45 of , punishable with not more than two years, imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. 4 an order under this section may be made by any appellate court or by the high court or court of session when exercising its powers of revision. 5 when an order has been made under this section in respect of any offender, the high court or court of session may, on appeal when there is a right of appeal to such court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: provided that the high court or court of session shall not under this subsection inflict a greater punishment than might have been inflicted by the court by which the offender was convicted. 6 the provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section. 7 the court, before directing the release of an offender under subsection 1, shall be satisfied that an offender or his surety if any has a fixed place of abode or regular occupation in the place for which the court acts or in which the offender is likely to live during the period named for the observance of the conditions. 8 if the court which convicted the offender, or a court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. 9 an offender, when apprehended on any such warrant, shall be brought forthwith before the court issuing the warrant, and such court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such court may, after hearing the case, pass sentence. 10 nothing in this section shall affect the provisions of the probation of offenders act, 20 of , or the children act, 60 of or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

section 374. of the code of criminal procedure : 1 any person convicted on a trial held by a high court in its extraordinary original criminal jurisdiction may appeal to the supreme court. 2 any person convicted on a trial held by a sessions judge or an additional sessions judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1 has been passed against him or against any other person convicted at the same trial, may appeal to the high court. 3 save as otherwise provided in subsection 2, any person, a convicted on a trial held by a metropolitan magistrate or assistant sessions judge or magistrate of the first class, or of the second class, or b sentenced under section 325, or c in respect of whom an order has been made or a sentence has been passed under section 360 by any magistrate, may appeal to the court of session. 24 when an appeal has been filed against a sentence passed under section 376, section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e of the indian penal code 45 of , the appeal shall be disposed of within a period of six months from the date of filing of such appeal. state amendment assam in section 374 of the code, in clause a of subsection 3, for the words magistrate of the first class, or of the second class, the words magistrate of the first class, executive magistrate or a magistrate of the second class, shall be substituted. vide assam act 3 of , s. 33 and the schedule. manipur in section 374 of the code, in clause a of subsection 3, for the words magistrate of the first class of the second class the words magistrate of the first class specified executive magistrate or magistrate of the second class shall be substituted. vide manipur act 3 of , s. 4 2 and the schedule 1. subs. by act 45 of , s. 28, for has been passed w.e.f. . 2. ins. by act 22 of , s. 20 w.e.f. .

section 367. of the code of criminal procedure : 1 if, when such proceedings are submitted, the high court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the court of session. 2 unless the high court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. 3 when the inquiry or evidence if any is not made or taken by the high court, the result of such inquiry or evidence shall be certified to such court.

section 368. of the code of criminal procedure : in any case submitted under section 366, the high court a may confirm the sentence, or pass any other sentence warranted by law, or b may annul the conviction and convict the accused of any offence of which the court of session might have convicted him, or order a new trial on the same or an amended charge, or c may acquit the accused person: provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

section 369. of the code of criminal procedure : in every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the high court, shall, when such court consists of two or more judges, be made, passed and signed by at least two of them.

section 370. of the code of criminal procedure : where any such case is heard before a bench of judges and such judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.

section 373. of the code of criminal procedure : any person, i who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or ii who is aggrieved by any order refusing to accept or rejecting a surety under section 121, may appeal against such order to the court of session: provided that nothing in this section shall apply to persons the proceedings against whom are laid before a sessions judge in accordance with the provisions of subsection 2 or subsection 4 of section 122.

section 371. of the code of criminal procedure : in cases submitted by the court of session to the high court for the confirmation of a sentence of death, the proper officer of the high court shall, without delay, after the order of confirmation or other order has been made by the high court, send a copy of the order, under the seal of the high court and attested with his official signature, to the court of session.

section 372. of the code of criminal procedure : no appeal shall lie from any judgment or order of a criminal court except as provided for by this code by any other law for the time being in force: 1provided that the victim shall have a right to prefer an appeal against any order passed by the court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the court to which an appeal ordinarily lies against the order of conviction of such court. 1. ins. by act 5 of , s. 29 w.e.f. .

section 378. of the code of criminal procedure : 11 save as otherwise provided in subsection 2, and subject to the provisions of subsections 3 and 5, a the district magistrate may, in any case, direct the public prosecutor to present an appeal to the court of session from an order of acquittal passed by a magistrate in respect of a cognizable and nonbailable offence b the state government may, in any case, direct the public prosecutor to present an appeal to the high court from an original or appellate order of acquittal passed by any court other than a high court not being an order under clause a or an order of acquittal passed by the court of session in revision. 2 if such an order of acquittal is passed in any case in which the offence has been investigated by the delhi special police establishment constituted under the delhi special police establishment act, 25 of , or by any other agency empowered to make investigation into an offence under any central act other than this code, 2 the central government may, subject to the provisions of subsection 3, also direct the public prosecutor to present an appeal a to the court of session, from an order of acquittal passed by a magistrate in respect of a cognizable and nonbailable offence b to the high court from an original or appellate order of an acquittal passed by any court other than a high court not being an order under clause a or an order of acquittal passed by the court of session in revision. 33no appeal to the high court under subsection 1 or subsection 2 shall be entertained except with the leave of the high court. 4 if such an order of acquittal is passed in any case instituted upon complaint and the high court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the high court. 5 no application under subsection 4 for the grant of special leave to appeal from an order of acquittal shall be entertained by the high court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. 6 if, in any case, the application under subsection 4 for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under subsection 1 or under subsection 2. 1. subs. by s. 32, ibid., for subsection 1 w.e.f. . 2. subs. by s. 32, ibid., for certain words w.e.f. . 3. subs. by s. 32, ibid., for no appeal w.e.f. .

section 375. of the code of criminal procedure : notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal, a if the conviction is by a high court or b if the conviction is by a court of session, metropolitan magistrate or magistrate of the first or second class, except as to the extent or legality of the sentence.

section 383. of the code of criminal procedure : if the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper appellate court. state amendments andaman and nicobar islands u.t.. in section 383, the following words shall be inserted at the end, namely: or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the proper appellate court they shall be forwarded to the administrator or an executive magistrate, not below the rank of a subdivisional magistrate, who shall, on receipt of such petition of appeal and copies, record thereon the date of receipt thereof and thereafter forward the same to the proper appellate court.. vide andaman and nicobar islands u.t.. act 1 of , s. 5.

section 376. of the code of criminal procedure : notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely: a where a high court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine b where a court of session or a metropolitan magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine c where a magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees or d where, in a case tried summarily, a magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees: provided that an appeal may be brought against such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground i that the person convicted is ordered to furnish security to keep the peace or ii that a direction for imprisonment in default of payment of fine is included in the sentence or iii that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

section 379. of the code of criminal procedure : where the high court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the supreme court.

section 380. of the code of criminal procedure : notwithstanding anything contained in this chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

section 377. of the code of criminal procedure : 1 save as otherwise provided in subsection 2, the state government may, in any case of conviction on a trial held by any court other than a high court, direct the public prosecutor to present 1an appeal against the sentence on the ground of its inadequacy a to the court of session, if the sentence is passed by the magistrate and b to the high court, if the sentence is passed by any other court. 2 if such conviction is in a case in which the offence has been investigated by the delhi special police establishment, constituted under the delhi special police establishment act, 25 of , or by any other agency empowered to make investigation into an offence under any central act other than this code, 2the central government may also direct the public prosecutor to present 1an appeal against the sentence on the ground of its inadequacy a to the court of session, if the sentence is passed by the magistrate and b to the high court, if the sentence is passed by any other court. 3 when an appeal has been filed against the sentence on the ground of its inadequacy, 3the court of session or, as the case may be, the high court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. 44 when an appeal has been filed against a sentence passed under section 376, section 376a, section 376ab, section 376b, section 376c, section 376d, section 376da, section 376db or section 376e of the indian penal code 45 of , the appeal shall be disposed of within a period of six months from the date of filing of such appeal. 1. subs. by act 25 of , s. 31, for certain words w.e.f. . 2. subs. by act 45 of , s. 29, for certain words w.e.f. . 3. subs. by act 25 of , s. 31, for the high court w.e.f. . 4. ins. by act 22 of , s. 21 w.e.f. .

section 381. of the code of criminal procedure : 1 subject to the provisions of subsection 2, an appeal to the court of session or sessions judge shall be heard by the sessions judge or by an additional sessions judge: provided that an appeal against a conviction on a trial held by a magistrate of the second class may be heard and disposed of by an assistant sessions judge or a chief judicial magistrate. 2 an additional sessions judge, assistant sessions judge or a chief judicial magistrate shall hear only such appeals as the sessions judge of the division may, by general or special order, make over to him or as the high court may, by special order, direct him to hear.

section 384. of the code of criminal procedure : 1 if upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the appellate court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: provided that a no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same b no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the appellate court considers that the appeal is frivolous or that the production of the accused in custody before the court would involve such inconvenience as would be disproportionate in the circumstances of the case c no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired. 2 before dismissing an appeal under this section, the court may call for the record of the case. 3 where the appellate court dismissing an appeal under this section is a court of session or of the chief judicial magistrate, it shall record its reasons for doing so. 4 where an appeal presented under section 383 has been dismissed summarily under this section and the appellate court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

section 382. of the code of criminal procedure : every appeal shall be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall unless the court to which it is presented otherwise directs be accompanied by a copy of the judgment or order appealed against. state amendment andaman and nicobar islands u.t.. section 382 shall be renumbered as subsection 1 of that section, and subsection 1 as so renumbered, the following provisos and explanation shall be added, namely: provided that where it is not practicable to file the petition of appeal to the proper appellate court, the petition of appeal may be presented to the administrator or to an executive magistrate, not below the rank of subdivisional magistrate, who shall forward the same to the proper appellate court and, when any such appeal is presented to the administrator or to an executive magistrate, he shall record thereon the date of its date of presentation and, if he is satisfied that, by reason of the weather, transport or other difficulties, it is not possible for the appellant to obtain, from the proper appellate court, orders for the suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under section 383, exercise all or any of the powers of the proper appellate court and subsection 1 of section 389 with regard to suspension of sentence or release of a convicted person on bail: provided further that the order so made by administrator or the executive magistrate shall have effect until it is reversed or modified by the proper appellate court. explanation:for the purposes of the provisos to this section, and section 383, administrator, in relation to a union territory means the administrator appointed by the president under article 239 of the constitution, for that union territory. in section 382 after subsection 1 as so renumbered, the following subsection shall be inserted, namely: 2 for purposes of computation of the period of limitation, and for all other purposes, an appeal presented to an administrator or an executive magistrate under subsection 1 or as the case may be, under section 383, shall be deemed to be an appeal presented to the proper appellate court. vide andaman and nicobar islands u.t.. act 1 of , s. 5.

section 389. of the code of criminal procedure : 1 pending any appeal by a convicted person, the appellate court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond: 1provided that the appellate court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the public prosecutor for showing cause in writing against such release: provided further that in cases where a convicted person is released on bail it shall be open to the public prosecutor to file an application for the cancellation of the bail. 2 the power conferred by this section on a appellate court may be exercised also by the high court in the case of an appeal by a convicted person to a court subordinate thereto. 3 where the convicted person satisfies the court by which he is convicted that he intends to present an appeal, the court shall, i where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or ii where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the appellate court under subsection 1 and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. 4 when the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. 1. ins. by act 25 of , s. 33 w.e.f. .

section 386. of the code of criminal procedure : after perusing such record and hearing the appellant or his pleader, if he appears, and the public prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the appellate court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may a in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law b in an appeal from a conviction i reverse the finding and sentence and acquit or discharge the accused, or order him to be retried by a court of competent jurisdiction subordinate to such appellate court or committed for trial, or ii alter the finding, maintaining the sentence, or iii with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same c in an appeal for enhancement of sentence i reverse the finding and sentence and acquit or discharge the accused or order him to be retried by a court competent to try the offence, or ii alter the finding maintaining the sentence, or iii with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same d in an appeal from any other order, alter or reverse such order e make any amendment or any consequential or incidental order that may be just or proper: provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: provided further that the appellate court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the court passing the order or sentence under appeal.

section 392. of the code of criminal procedure : when an appeal under this chapter is heard by a high court before a bench of judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another judge of that court, and that judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion: provided that if one of the judges constituting the bench, or, where the appeal is laid before another judge under this section, that judge, so requires, the appeal shall be reheard and decided by a larger bench of judges.

section 385. of the code of criminal procedure : 1 if the appellate court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given i to the appellant or his pleader ii to such officer as the state government may appoint in this behalf iii if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant iv if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. 2 the appellate court shall then send for the record of the case, if such record is not already available in that court, and hear the parties: provided that if the appeal is only as to the extent or the legality of the sentence, the court may dispose of the appeal without sending for the record. 3 where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the court, urge or be heard in support of any other ground.

section 393. of the code of criminal procedure : judgments and orders passed by an appellate court upon an appeal shall be final, except in the cases provided for in section 377, section 378, subsection 4 of section 384 or chapter xxx: provided that notwithstanding the final disposal of an appeal against conviction in any case, the appellate court may hear and dispose of, on the merits, a an appeal against acquittal under section 378, arising out of the same case, or b an appeal for the enhancement of sentence under section 377, arising out of the same case.

section 387. of the code of criminal procedure : the rules contained in chapter xxvii as to the judgment of a criminal court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a court of session or chief judicial magistrate: provided that, unless the appellate court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

section 390. of the code of criminal procedure : when an appeal is presented under section 378, the high court may issue a warrant directing that the accused be arrested and brought before it or any subordinate court, and the court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

section 391. of the code of criminal procedure : 1 in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a magistrate or, when the appellate court is a high court, by a court of session or a magistrate. 2 when the additional evidence is taken by the court of session or the magistrate, it or he shall certify such evidence to the appellate court, and such court shall thereupon proceed to dispose of the appeal. 3 the accused or his pleader shall have the right to be present when the additional evidence is taken. 4 the taking of evidence under this section shall be subject to the provisions of chapter xxiii, as if it were an inquiry.

section 388. of the code of criminal procedure : 1 whenever a case is decided on appeal by the high court under this chapter, it shall certify its judgment or order to the court by which the finding, sentence or order appealed against was recorded or passed and if such court is that of a judicial magistrate other than the chief judicial magistrate, the high courts judgment or order shall be sent through the chief judicial magistrate, and if such court is that of an executive magistrate, the high courts judgment or order shall be sent through the district magistrate. 2 the court to which the high court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the high court and if necessary, the record shall be amended in accordance therewith.

section 394. of the code of criminal procedure : 1 every other appeal under section 377 or section 378 shall finally abate on the death of the accused. 2 every other appeal under this chapter except an appeal from a sentence of fine shall finally abate on the death of the appellant: provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the appellate court for leave to continue the appeal and if leave is granted, the appeal shall not abate. explanation.in this section, near relative means a parent, spouse, lineal descendant, brother or sister.

section 395. of the code of criminal procedure : 1 where any court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is subordinate or by the supreme court, the court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the high court. explanation.in this section, regulation means any regulation as defined in the general clauses act, 10 of , or in the general clauses act of a state. 2 a court of session or a metropolitan magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of subsection 1 do not apply, refer for the decision of the high court any question of law arising in the hearing of such case. 3 any court making a reference to the high court under subsection 1 or subsection 2 may, pending the decision of the high court thereon, either commit the accused to jail or release him on bail to appear when called upon.

section 401. of the code of criminal procedure : 1 in the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the high court may, in its discretion, exercise any of the powers conferred on a court of appeal by sections 386, 389, 390 and 391 or on a court of session by section 307, and, when the judges composing the court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392. 2 no order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. 3 nothing in this section shall be deemed to authorise a high court to convert a finding of acquittal into one conviction. 4 where under this code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. 5 where under this code an appeal lies but an application for revision has been made to the high court by any person and the high court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the high court may treat the application for revision as a petition of appeal and deal with the same accordingly.

section 396. of the code of criminal procedure : 1 when a question has been so referred, the high court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the court by which the reference was made, which shall dispose of the case conformably to the said order. 2 the high court may direct by whom the costs of such reference shall be paid.

section 402. of the code of criminal procedure : 1 whenever one or more persons convicted at the same trial makes or make application to a high court for revision and any other person convicted at the same trial makes an application to the sessions judge for revision, the high court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two courts should finally dispose of the applications for revision and when the high court decides that all the applications for revision should be disposed of by itself, the high court shall direct that the applications for revision pending before the sessions judge be transferred to itself and where the high court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the sessions judge. 2 whenever any application for revision is transferred to the high court, that court shall deal with the same as if it were an application duly made before itself. 3 whenever any application for revision is transferred to the sessions judge, that judge shall deal with the same as if it were an application duly made before himself. 4 where an application for revision is transferred by the high court to the sessions judge, no further application for revision shall lie to the high court or to any other court at the instance of the person or persons whose applications for revision have been disposed of by the sessions judge.

section 398. of the code of criminal procedure : on examining any record under section 397 or otherwise, the high court or the sessions judge may direct the chief judicial magistrate by himself or by any of the magistrates subordinate to him to make, and the chief judicial magistrate may himself make or direct any subordinate magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or subsection 4 of section 204, or into the case of any person accused of an offence who has been discharged: provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

section 397. of the code of criminal procedure : 1 the high court or any sessions judge may call for and examine the record of any proceeding before any inferior criminal court situate within its or his local jurisdiction for the purpose of satisfying itself or himself to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record. explanation.all magistrates, whether executive or judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the sessions judge for the purposes of this subsection and of section 398. 2 the powers of revision conferred by subsection 1 shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. 3 if an application under this section has been made by any person either to the high court or to the sessions judge, no further application by the same person shall be entertained by the other of them.

section 399. of the code of criminal procedure : 1 in the case of any proceeding the record of which has been called for by himself, the sessions judge may exercise all or any of the powers which may be exercised by the high court under subsection 1 of section 401. 2 where any proceeding by way of revision is commenced before a sessions judge under subsection 1, the provisions of subsections 2, 3, 4 and 5 of section 401 shall, so far as may be, apply to such proceeding and references in the said subsections to the high court shall be construed as references to the sessions judge. 3 where any application for revision is made by or on behalf of any person before the sessions judge, the decision of the sessions judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the high court or any other court.

section 405. of the code of criminal procedure : when a case is revised under this chapter by the high court or a sessions judge, it or he shall, in the manner provided by section 388, certify its decision or order to the court by which the finding, sentence or order revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

section 400. of the code of criminal procedure : an additional sessions judge shall have and may exercise all the powers of a sessions judge under this chapter in respect of any case which may be transferred to him by or under any general or special order of the sessions judge.

section 408. of the code of criminal procedure : 1 whenever it is made to appear to a sessions judge that an order under this subsection is expedient for the ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. 2 the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. 3 the provisions of subsections 3, 4, 5, 6, 7 and 9 of section 407 shall apply in relation to an application to the sessions, judge for an order under subsection 1 as they apply in relation to an application to the high court for an order under subsection 1 of section 407 except that subsection 7 of that section shall so apply as if for the words one thousand rupees occurring therein, the words two hundred and fifty rupees were substituted. state amendment kerala amendment of section 408. in section 408 of the principal act, for the words any other magistrate, the words other magistrate of the first class, and for the words any magistrate the words a magistrate of the first class, shall be substituted. vide kerala act 5 of , s. 3.

section 403. of the code of criminal procedure : save as otherwise expressly provided by this code, no party has any right to be heard either personally or by pleader before any court exercising its powers of revision but the court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

section 411. of the code of criminal procedure : any district magistrate or sub divisional magistrate may a make over, for disposal, any proceeding which has been started before him, to any magistrate subordinate to him b withdraw any case from, or recall any case which he has made over to, any magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other magistrate.

section 404. of the code of criminal procedure : when the record of any trial held by a metropolitan magistrate is called for by the high court or court of session under section 397, the magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue, and that court shall consider such statement before overruling or setting aside the said decision or order.

section 406. of the code of criminal procedure : 1 whenever it is made to appear to the supreme court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one high court to another high court or from a criminal court subordinate to one high court to another criminal court of equal or superior jurisdiction subordinate to another high court. 2 the supreme court may act under this section only on the application of the attorneygeneral of india or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the attorneygeneral of india or the advocategeneral of the state, be supported by affidavit or affirmation. 3 where any application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.

section 412. of the code of criminal procedure : a sessions judge or magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.

section 409. of the code of criminal procedure : 1 a sessions judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any assistant sessions judge or chief judicial magistrate subordinate to him. 2 at any time before the trial of the case or the hearing of the appeal has commenced before the additional sessions judge, a sessions judge may recall any case or appeal which he has made over to any additional sessions judge. 3 where a sessions judge withdraws or recalls case or appeal under subsection 1 or subsection 2, he may either try the case in his own court or hear the appeal himself, or make it over in accordance with the provisions of this code to another court for trial or hearing, as the case may be. state amendment kerala substitution of new section for section 409. for section 409 of the principal act, the following section shall be substituted, namely: 409. appeals to court of section how heard.an appeal to the court of session or sessions judge shall be heard by the sessions judge or by an additional sessions judge: provided that an additional sessions judge shall hear only such appeals as the state government may, by general or special order, direct or as the sessions judge of the division may make over to him. vide kerala act 5 of , s. 4.

section 407. of the code of criminal procedure : 1 whenever it is made to appear to the high court a that a fair and impartial inquiry or trial cannot be had in any criminal court subordinate thereto, or b that some question of law of unusual difficulty is likely to arise, or c that an order under this section is required by any provision of this code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order i that any offence be inquired into or tried by any court not qualified under sections 177 to 185 both inclusive, but in other respects competent to inquire into or try such offence ii that any particular case or appeal, or class of cases or appeals, be transferred from a criminal court subordinate to its authority to any other such criminal court of equal or superior jurisdiction iii that any particular case be committed for trial to a court of session or iv that any particular case or appeal be transferred to and tried before itself. 2 the high court may act either on the report of the lower court, or on the application of a party interested, or on its own initiative: provided that no application shall lie to the high court for transferring a case from one criminal court to another criminal court in the same sessions division, unless an application for such transfer has been made to the sessions judge and rejected by him. 3 every application for an order under subsection 1 shall be made by motion, which shall, except when the applicant is the advocategeneral of the state, be supported by affidavit or affirmation. 4 when such application is made by an accused person, the high court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the high court may award under subsection 7. 5 every accused person making such application shall give to the public prosecutor notice in writing of the application, together with a copy of the grounds on which it is made and no order shall be made on the merits of the applications unless at least twentyfour hours have elapsed between the giving of such notice and the hearing of the application. 6 where the application is for the transfer of a case or appeal from any subordinate court, the high court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the disposal of the application the proceedings in the subordinate court shall be stayed, on such terms as the high court may think fit to impose: provided that such stay shall not affect the subordinate courts power of remand under section 309. 7 where an application for an order under subsection 1 is dismissed, the high court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. 8 when the high court orders under subsection 1 that a case be transferred from any court for trial before itself, it shall observe in such trial the same procedure which that court would have observed if the case had not been so transferred. 9 nothing in this section shall be deemed to affect any order of government under section 197.

section 410. of the code of criminal procedure : 1 any chief judicial magistrate may withdraw any case from, or recall any case which he has made over to, any magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such magistrate competent to inquire into or try the same. 2 any judicial magistrate may recall any case made over by him under subsection 2 of section 192 to any other magistrate and may inquire into or try such cases himself.

section 413. of the code of criminal procedure : when in a case submitted to the high court for the confirmation of a sentence of death, the court of session receives the order of confirmation or other order of the high court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

section 414. of the code of criminal procedure : when a sentence of death is passed by the high court in appeal or in revision, the court of session shall, on receiving the order of the high court, cause the sentence to be carried into effect by issuing a warrant.

section 420. of the code of criminal procedure : when the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor.

section 415. of the code of criminal procedure : 1 where a person is sentenced to death by the high court and an appeal from its judgment lies to the supreme court under subclause a or subclause b of clause 1 of article 134 of the constitution, the high court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of. 2 where a sentence of death is passed or confirmed by the high court, and the person sentenced makes an application to the high court for the grant of a certificate under article 132 or under subclause c of clause 1 of article 134 of the constitution, the high court shall order the execution of the sentence to be postponed until such application is disposed of by the high court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the supreme court on such certificate has expired. 3 where a sentence of death is passed or confirmed by the high court, and the high court is satisfied that the person sentenced intends to present a petition to the supreme court for the grant of special leave to appeal under article 136 of the constitution, the high court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition.

section 421. of the code of criminal procedure : 1 when an offender has been sentenced to pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may a issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender b issue a warrant to the collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357. 2 the state government may make rules regulating the manner in which warrants under clause a of subsection 1 are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. 3 where the court issues a warrant to the collector under clause b of subsection 1, the collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

section 416. of the code of criminal procedure : if a woman sentenced to death is found to be pregnant, the high court shall 1 , commute the sentence to imprisonment for life. 1. certain words omitted by act 5 of , s. 30 w.e.f. .

section 417. of the code of criminal procedure : 1 except when otherwise provided by any law for the time being in force, the state government may direct in what place any person liable to be imprisoned or committed to custody under this code shall be confined. 2 if any person liable to be imprisoned or committed to custody under this code is in confinement in a civil jail, the court or magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. 3 when a person is removed to a criminal jail under subsection 2, he shall, on being released therefrom, be sent back to the civil jail, unless either a three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the code of civil procedure, 5 of , or section 23 of the provincial insolvency act, 5 of , as the case may be or b the court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the code of civil procedure, 5 of , or under section 23 of the provincial insolvency act, 5 of , as the case may be.

section 418. of the code of criminal procedure : 1 where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: provided that where the accused is sentenced to imprisonment till the rising of the court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the court may direct. 2 where the accused is not present in court when he is sentenced to such imprisonment as is mentioned in subsection 1, the court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined and in such case, the sentence shall commence on the date of his arrest.

section 419. of the code of criminal procedure : every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

section 422. of the code of criminal procedure : a warrant issued under clause a of subsection 1 of section 421 by any court may be executed within the local jurisdiction of such court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the district magistrate within whose local jurisdiction such property is found.

section 423. of the code of criminal procedure : notwithstanding anything contained in this code or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a criminal court in any territory to which this code does not extend and the court passing the sentence issues a warrant to the collector of a district in the territories to which this code extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause b of subsection 1 of section 421 by a court in the territories to which this code extends, and the provisions of subsection 3 of the said section as to the execution of such warrant shall apply accordingly.

section 429. of the code of criminal procedure : 1 nothing in section 426 or section 427 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. 2 when an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

section 424. of the code of criminal procedure : 1 when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the court may a order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days b suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the court thinks fit, conditioned for his appearance before the court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made and if the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the court may direct the sentence of imprisonment to be carried into execution at once. 2 the provisions of subsection 1 shall be applicable also in any case in which an order for the payment of money has been made on nonrecovery of which imprisonment may be awarded and the money is not paid forthwith and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that subsection, fails to do so, the court may at once pass sentence of imprisonment.

section 430. of the code of criminal procedure : when a sentence has been fully executed, the officer executing it shall return the warrant to the court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

section 425. of the code of criminal procedure : every warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence, or by his successorinoffice.

section 427. of the code of criminal procedure : 1 when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent sentence shall run concurrently with such previous sentence: provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. 2 when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.

section 428. of the code of criminal procedure : where an accused person has, on conviction, been sentenced to imprisonment for a term, 1not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: 2provided that in cases referred to in section 433a, such period of detention shall be set off against the period of fourteen years referred to in that section. 1. ins. by act 45 of , s. 31 w.e.f.. 2. ins. by act 25 of , s. 34 w.e.f. .

section 426. of the code of criminal procedure : 1 when a sentence of death, imprisonment for life or fine is passed under this code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately. 2 when a sentence of imprisonment for a term is passed under this code on an escaped convict, a if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately b if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. 3 for the purposes of subsection 2, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment.

section 431. of the code of criminal procedure : any money other than a fine payable by virtue of any order made under this code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to subsection 1 of section 421, after the words and figures under section 357, the words and figures or an order for payment of costs under section 359 had been inserted.

section 436a. of the code of criminal procedure : 1436a. maximum period for which an undertrial prisoner can be detained. where a person has, during the period of investigation, inquiry or trial under this code of an offence under any law not being an offence for which the punishment of death has been specified as one of the punishments under that law undergone detention for a period extending up to onehalf of the maximum period of imprisonment specified for that offence under that law, he shall be released by the court on his personal bond with or without sureties: provided that the court may, after hearing the public prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than onehalf of the said period or release him on bail instead of the personal bond with or without sureties: provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. explanation.in computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded. 1. ins. by act 25 of , s. 36 w.e.f. .

section 432. of the code of criminal procedure : 1 when any person has been sentenced to punishment for an offence, the appropriate government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. 2 whenever an application is made to the appropriate government for the suspension or remission of a sentence, the appropriate government may require the presiding judge of the court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. 3 if any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate government, not fulfilled, the appropriate government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. 4 the condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. 5 the appropriate government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: provided that in the case of any sentence other than a sentence of fine passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and a where such petition is made by the person sentenced, it is presented through the officer in charge of the jail or b where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. 6 the provisions of the above subsections shall also apply to any order passed by a criminal court under any section of this code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. 7 in this section and in section 433, the expression appropriate government means, a in cases where the sentence is for an offence against, or the order referred to in subsection 6 is passed under, any law relating to a matter to which the executive power of the union extends, the central government b in other cases, the government of the state within which the offender is sentenced or the said order is passed.

section 433. of the code of criminal procedure : the appropriate government may, without the consent of the person sentenced, commute a a sentence of death, for any other punishment provided by the indian penal code 45 of b a sentence of imprisonment for life, for imprisonment for a term not exceeding fourteen years or for fine c a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced, or for fine d a sentence of simple imprisonment, for fine.

section 433a. of the code of criminal procedure : 1433a. restriction on powers of remission or commutation in certain cases. notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment. 1. ins. by act 45 of , s. 32 w.e.f..

section 437. of the code of criminal procedure : 11 when any person accused of, or suspected of, the commission of any nonbailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court other than the high court or court of session, he may be released on bail, but i such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life ii such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of 2a cognizable offence punishable with imprisonment for three years or more but not less than seven years: provided that the court may direct that a person referred to in clause i or clause ii be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: provided further that the court may also direct that a person referred to in clause ii be released on bail if it is satisfied that it is just and proper so to do for any other special reason: provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the court: 3provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the court under this subsection without giving an opportunity of hearing to the public prosecutor. 2 if it appears to such officer or court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a nonbailable offence, but that there are sufficient grounds for further inquiry into his guilt, 4the accused shall, subject to the provisions of section 446a and pending such inquiry, be released on bail, or, at the discretion of such officer or court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. 3 when a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under chapter vi, chapter xvi or chapter xvii of the indian penal code 45 of or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under subsection 1, 5the court shall impose the conditions, a that such person shall attend in accordance with the conditions of the bond executed under this chapter, b that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and c that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. 4 an officer or a court releasing any person on bail under subsection 1 or subsection 2, shall record in writing his or its 6reasons or special reasons for so doing. 5 any court which has released a person on bail under subsection 1 or subsection 2, may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. 6 if, in any case triable by a magistrate, the trial of a person accused of any nonbailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the magistrate, unless for reasons to be recorded in writing, the magistrate otherwise directs. 7 if, at any time, after the conclusion of the trial of a person accused of a nonbailable offence and before judgment is delivered, the court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. state amendment arunachal pradesh amendment of section 437.in section 437 of the principal act, in subsection 1, after the fourth proviso, the following proviso shall be added, namely: provided also that no person shall, if the offence alleged to have been committed by him against woman is punishable with imprisonment for not less than seven years, be released on bail by the court under this subsection without giving an opportunity of hearing to the public prosecutor. vide arunachal pradesh act 3 of , s. 22 1. subs. by act 63 of , s. 5, for subsection 1 w.e.f. . 2. subs. by act 25 of , s. 37, for a nonbailable and cognizable offence w.e.f. . 3. ins. by s. 37, ibid. w.e.f. . 4. subs. by act 63 of , s. 5, for certain words w.e.f. . 5. subs. by act 25 of , s. 37, for certain words w.e.f. . 6. subs. by act 63 of , s. 5, for reasons w.e.f. .

section 434. of the code of criminal procedure : the powers conferred by sections 432 and 433 upon the state government may, in the case of sentences of death, also be exercised by the central government.

section 435. of the code of criminal procedure : 1 the powers conferred by sections 432 and 433 upon the state government to remit or commute a sentence, in any case where the sentence is for an offence a which was investigated by the delhi special police establishment constituted under the delhi special police establishment act, 25 of , or by any other agency empowered to make investigation into an offence under any central act other than this code, or b which involved the misappropriation or destruction of, or damage to, any property belonging to the central government, or c which was committed by a person in the service of the central government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the state government except after consultation with the central government. 2 no order of suspension, remission or commutation of sentences passed by the state government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the central government in relation to the offences committed by such person with regard to matters to which the executive power of the union extends.

section 436. of the code of criminal procedure : 1 when any person other than a person accused of a nonbailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be released on bail: provided that such officer or court, if he or it thinks fit, 1 may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided. 2explanation.where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the court to presume that he is an indigent person for the purposes of this proviso: provided further that nothing in this section shall be deemed to affect the provisions of subsection 3 of section or section 446a. 2 notwithstanding anything contained in subsection 1, where a person has failed to comply with the conditions of the bailbond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty thereof under section 446. state amendment uttar pradesh/ in section 436 of the said code, in subsection 1, in the first proviso, for the word discharge the word release shall be substituted. vide uttar pradesh act 1 of , s. 10 1. subs. by act 25 of , s. 35, for certain words w.e.f. . 2. ins. by s. 35, ibid. w.e.f. . 3. ins. by act 63 of , s. 4 w.e.f. .

section 437a. of the code of criminal procedure : 11 before conclusion of the trial and before disposal of the appeal, the court trying the offence or the appellate court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher court as and when such court issues notice in respect of any appeal or petition filed against the judgment of the respective court and such bail bonds shall be in force for six months. 2 if such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply. state amendments uttar pradesh insertion of sections 438 in act no. 2 of as amended in its application to uttar pradesh.in the code of criminal procedure, as amended in its application to uttar pradesh, after section 437a the following section shall be inserted, namely: 438. direction for grant of bail to person apprehending arrest.1 where any person has reason to believe that he may be arrested on accusation or having committed a nonbailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest he shall be released on bail and that court may, after taking into consideration, inter alia, the following factors, namely: i the nature and gravity of the accusation ii the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence iii the possibility of the applicant to flee from justice and iv where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested either reject the application forthwith or issue an interim order for the grant of anticipatory bail: provided that where the high court or, as the case may be, the court of session, has not passed any interim order under this subsection or has rejected the application for grant of anticipatory bail, it shall be open to an officer incharge of a police station to arrest, without warrant, the applicant on the basis of the accusation apprehended in such application. 2 where the high court or, as the case may be, the court of session, considers it expedient to issue an interim order to grant anticipatory bail under subsection 1, the court shall indicate therein the date, on which the application for grant of anticipatory bail shall be finally heard for passing an order thereon, as the court may deem fit, and if the court passes any order granting anticipatory bail, such order shall include inter alia the following conditions, namely: i that the applicant shall make himself available for interrogation by a police officer as and when required ii that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer iii that the applicant shall not leave india without the previous permission of the court and iv such other conditions as may be imposed under subsection 3 of section 437, as if the bail were granted under that section. explanation:the final order made on an application for direction under subsection 1 shall not be construed as an interlocutory order for the purpose of this code. 3 where the court grants an interim order under subsection 1, it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the public prosecutor and the superintendent of police, with a view to give the public prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the court. 4 on the date indicated in the interim order under subsection 2, the court shall hear the public prosecutor and the applicant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order. 5 the high court or the court of session, as the case may be, shall finally dispose of an application for grant of anticipatory bail under subsection 1, within thirty days of the date of such application. 6 provisions of this section shall not be applicable, a to the offences arising out of, i the unlawful activities prevention act, ii the narcotic drugs and psychotropic substances act, iii the official secret act, iv the uttar pradesh gangsters and antisocial activities prevention act, . b in the offences, in which death sentence can be awarded. 7 if an application under this section has been made by any person to the high court, no application by the same person shall be entertained by the court of session. vide uttar pradesh 4 of , s. 2 1. ins. by act 5 of , s. 31 w.e.f.

section 438. of the code of criminal procedure : 11 where any person has reason to believe that he may be arrested on accusation of having committed a nonbailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest he shall be released on bail and that court may, after taking into consideration, interalia, the following factors, namely: i the nature and gravity of the accusation ii the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence iii the possibility of the applicant to flee from justice and. iv where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: provided that, where the high court or, as the case may be, the court of session, has not passed any interim order under this subsection or has rejected the application for grant of anticipatory bail, it shall be open to an officer incharge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. 1a where the court grants an interim order under subsection 1, it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the public prosecutor and the superintendent of police, with a view to give the public prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the court, 1b the presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the court, if on an application made to it by the public prosecutor, the court considers such presence necessary in the interest of justice. 2 when the high court or the court of session makes a direction under subsection 1, it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including i a condition that the person shall make himself available for interrogation by a police officer as and when required ii a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer iii a condition that the person shall not leave india without the previous permission of the court iv such other condition as may be imposed under subsection 3 of section 437, as if the bail were granted under that section. 3 if such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and if a magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of the court under subsection 1. 14 nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under subsection 3 of section 376 or section 376ab or section 376da or section 376db of the indian penal code 45 of . state amendments west bengal. to subsection 1 of section 438 of the principal act, the following proviso shall be added: provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the state not less than seven days notice to present its case. vide west bengal act 47 of , s. 3. west bengal. for subsection 1 of section 438, of the principal act the following subsections shall be substituted, namely: 1 a when any person has reason to believe that he may be arrested on an accusation of having committed a nonbailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest, he shall be released on bail: provided that the mere fact that a person has applied to the high court or the court of session for a direction under this section shall not, in the absence of any order by that court, be a bar to the apprehension of such person, or the detention of such person in custody, by an officerincharge of a police station. b the high court or the court of session, as the case may be, shall dispose of an application for a direction under this subsection within thirty days of the date of such application: provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the state not less than seven days notice to present its case. c if any person is arrested and detained in custody by an officerincharge of a police station before the disposal of the application of such person for a direction under this subsection, the release of such person on bail by a court having jurisdiction, pending such disposal, shall be subject to the provisions of section 437. 1a the provisions of subsection 1 shall have effect notwithstanding anything to the contrary contained elsewhere in this act or in any judgment, decree or order of any court, tribunal or other authority.. vide west bengal act 25 of , s. 3. state amendment orissa amendment of section 438.in section 438 of the code of criminal procedure, 2 of , to subsection 1, the following proviso shall be added, namely: provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the state notice to present its case.: vide orissa act 11 of , s. 2 maharashtra substitution of section 438 of act 2 of .for section 438 of the code of criminal procedure, 2 of , in its application to the state of maharashtra, the following section shall be substituted, namely: 438. direction for giant of bail to person apprehending arrest.1 when any person has reason to believe that he may be arrested on an accusation of having committed a nonbailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest, he shall be released on bail and high court may, after taking into consideration, inter alia, the following factors: i the nature and gravity or seriousness of the accusation as apprehended by the applicant ii the antecedents of the applicant including the fact as to whether he has, on conviction by a court previously undergone imprisonment for a term in respect of any cognizable offence iii the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested, and iv the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject the application forth with or issue an interim order for the grant of anticipatory bail: provided that where the high court or, as the case may be, the court of session, has not passed any interim order under this subsection or has rejected the application for grant of anticipatory bail, it shall be open to an officer in charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. 2 where the high court or, as the case may be, the court of session, considers it expedient to issue an interim order to grant anticipatory bail under subsection 1, the court shall indicate therein the date, on which the application for grant of, anticipatory bail shall be finally heard for passing on order thereon, as the court may deem fit and if the court passes any order granting anticipatory bail, such order shall include inter alia the following conditions, namely: i that the applicant shall make himself available for interrogation by a police officer as and when required ii that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the court or to any police officer iii that the applicant shall not leave india without the previous permission of the court and iv such other conditions as may be imposed under subsection 3 of section 437 as if the bail was granted under that section. 3 where the court grants an interim order under subsection 1, it shall forthwith cause a notice, being not less than seven days notice, together with a copy of such order to be served on the public prosecutor and the commissioner of police, or as the case may be, the concerned superintendent of police, with a view to give the public prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the court. 4 the presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the court, if on an application made to it by the public prosecutor, the court considers such presence necessary in the interest of justice. 5 on the date indicated in the interim order under subsection 2, the court shall hear the public prosecutor and the applicant and after due consideration of their contentions, it may either confirm, modify or cancel the interim order made under subsection 1. vide maharashtra act 24 of , s. 2 uttar pradesh section 438 of the said code shall be omitted. vide uttar pradesh act 16 of , s. 9 1. ins. by act 22 of , s. 22 w.e.f. .

section 439. of the code of criminal procedure : 1 a high court or court of session may direct, a that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection 3 of section 437, may impose any condition which it considers necessary for the purposes mentioned in that subsection b that any condition imposed by a magistrate when releasing any person on bail be set aside or modified: provided that the high court or the court of session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the court of session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the public prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. 2 a high court or court of session may direct that any person who has been released on bail under this chapter be arrested and commit him to custody. 1provided further that the high court or the court of session shall, before granting bail to a person who is accused of an offence triable under subsection 3 of section 376 or section 376ab or section 376da or section 376db of the indian penal code 45 of , give notice of the application for bail to the public prosecutor within a period of fifteen days from the date of receipt of the notice of such application. 11a the presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under subsection 3 of section 376 or section 376ab or section 376da or section db of the indian penal code 45 of . 2 a high court or court of session may direct that any person who has been released on bail under this chapter be arrested and commit him to custody. state amendment assam. 439a. power to grant bail.1 notwithstanding anything contained in this code, no person a who, being accused or suspected of committing an offence under any of the following sections, namely, sections 120b, 121, 121a, 122, 123, 124a, 153a, 302, 303, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the indian penal code, , sections 3, 4, 5 and 6 of the indian explosive substances act, , and sections 25,26, 27, 28, 29, 30 and 31 of the arms act, , is arrested or appears or is brought before a court or b who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause a, has applied to the high court or the court of sessions for a direction for his release on bail in the event of his arrest, shall be released on bail or as the case may be, directed to be released on bail, except on one or more of the following grounds, namely: i that the court including the high court or the court of session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause a ii that such person is under the age of sixteen years or a woman or a sick or an infirm person iii that the court including the high court or the court of sessions for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail. vide assam act 3 of , s. 5. 1. ins. by act 22 of , s. 23 w.e.f. .

section 443. of the code of criminal procedure : if, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

section 440. of the code of criminal procedure : 1 the amount of every bond executed under this chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. 2 the high court or the court of session may direct that the bail required by a police officer or magistrate be reduced.

section 441. of the code of criminal procedure : 1 before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or court, as the case may be. 2 where any condition is imposed for the release of any person on bail, the bond shall also contain that condition. 3 if the case so requires, the bond shall also bind the person released on bail to appear when called upon at the high court, court of session or other court to answer the charge. 4 for the purpose of determining whether the sureties are fit or sufficient, the court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a magistrate subordinate to the court, as to such sufficiency or fitness. state amendments andhra pradesh amendment of section 441 central act 2 of .in the code of criminal procedure, hereinafter referred to as the principal act in section 441, in subsection 1, the following words shall be added at the end, namely. and for imposition of a fine not exceeding the amount prescribed in the surety bond, in case the surety fails to produce the accused on the date fixed by the court in grave/serious offences. vide andhra pradesh act 17 of , s. 2

section 445. of the code of criminal procedure : when any person is required by any court or officer to execute a bond with or without sureties, such court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or government promissory notes to such amount as the court or officer may fix in lieu of executing such bond. state amendment west bengal in section 445 of the principal act, a the words with or without sureties shall be omitted and b for the word permit, the word direct shall be substituted. vide west bengal act 24 of , s. 4.

section 441a. of the code of criminal procedure : 1441a. declaration by sureties. every person standing surety to an accused person for his release on bail, shall make a declaration before the court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars. 1. ins. by act 25 of , s. 39 w.e.f. .

section 442. of the code of criminal procedure : 1 as soon as the bond has been executed, the person for whose appearance it has been executed shall be released and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. 2 nothing in this section, section 436 or section 437, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

section 444. of the code of criminal procedure : 1 all or any sureties for the attendance and appearance of a person released on bail may at any time apply to a magistrate to discharge the bond, either wholly or so far as relates to the applicants. 2 on such application being made, the magistrate shall issue his warrant of arrest directing that the person so released be brought before him. 3 on the appearance of such person pursuant to the warrant, or on his voluntary surrender, the magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail./h1 state amendment west bengal in section 444 of the principal act, 1 in subsection 1 after the words at any time, the words, on showing sufficient cause, shall be inserted 2 after subsection 1, the following subsection shall be inserted: 1a on such application being made, the magistrate may either hold an inquiry himself, or cause an inquiry to be made by a magistrate subordinate to him, on the correctness of the reason shown, in the application to discharge the bond as stated in subsection 1 3 for subsection 2, the following subsection shall be substituted: 2 if the magistrate is satisfied, on enquiry made under subsection 1a, that all or any of the sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the person so released be brought before him. vide west bengal act 24 of , s. 3.

section 446. of the code of criminal procedure : 1 where a bond under this code is for appearance, or for production of property, before a court and it is proved to the satisfaction of that court, or of any court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this code, it is proved to the satisfaction of the court by which the bond was taken, or of any court to which the case has subsequently been transferred, or of the court of any magistrate of the first class, that the bond has been forfeited, the court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. explanation.a condition in a bond for appearance, or for production of property, before a court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any court to which the case may subsequently be transferred. 2 if sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the same as if such penalty were a fine imposed by it under this code: 1provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months. 3 the court may, 2 after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only. 4 where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. 5 where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the court shall presume that such offence was committed by him unless the contrary is proved. 1. added by act 63 of , s. 6 w.e.f. . 2. subs. by act 25 of , s. 40, for at its discretion w.e.f. .

section 449. of the code of criminal procedure : all orders passed under section 446 shall be appealable, i in the case of an order made by a magistrate, to the sessions judge ii in the case of an order made by a court of session, to the court to which an appeal lies from an order made by such court.

section 446a. of the code of criminal procedure : 1446a. cancellation of bond and bail bond. without prejudice to the provisions of section 446, where a bond under this code is for appearance of a person in a case and it is forfeited for breach of a condition, a the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled and b thereafter no such person shall be released only on his own bond in that case, if the police officer or the court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: provided that subject to any other provisions of this code he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the court, as the case may be, thinks sufficient. 1. ins. by act 63 of , s. 7 w.e.f. .

section 447. of the code of criminal procedure : when any surety to a bond under this code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the court by whose order such bond was taken, or a magistrate of the first class may order the person from whom such security was demanded to furnish fresh securities in accordance with the directions of the original order, and if such security is not furnished, such court or magistrate may proceed as if there had been a default in complying with such original order.

section 448. of the code of criminal procedure : when the person required by any court, or officer to execute a bond is a minor, such court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

section 457. of the code of criminal procedure : 1 whenever the seizure of property by any police officer is reported to a magistrate under the provisions of this code, and such property is not produced before a criminal court during an inquiry or trial, the magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. 2 if the person so entitled is known, the magistrate may order the property to be delivered to him on such conditions if any as the magistrate thinks fit and if such person is unknown, the magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

section 450. of the code of criminal procedure : the high court or court of sessions may direct any magistrate to levy the amount due on a bond for appearance or attendance at such high court or court of session.

section 451. of the code of criminal procedure : when any property is produced before any criminal court during any inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. explanation.for the purposes of this section, property includes a property of any kind or document which is produced before the court or which is in its custody b any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

section 456. of the code of criminal procedure : 1 when a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the court that, by such force or show of force or intimidation, any person has been dispossessed of any immovable property, the court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: provided that no such order shall be made by the court more than one month after the date of the conviction. 2 where the court trying the offence has not made an order under subsection 1, the court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. 3 where an order has been made under subsection 1, the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453. 4 no order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

section 452. of the code of criminal procedure : 1 when an inquiry or trial in any criminal court is concluded, the court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. 2 an order may be made under subsection 1 for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the court, engaging to restore such property to the court if the order made under subsection 1 is modified or set aside on appeal or revision. 3 a court of session may, instead of itself making an order under subsection 1, direct the property to be delivered to the chief judicial magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459. 4 except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of subsection 2, an order made under subsection 1 shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. 5 in this section, the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

section 458. of the code of criminal procedure : 1 if no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the magistrate may by order direct that such property shall be at the disposal of the state government and may be sold by that government and the proceeds of such sale shall be dealt with in such manner as may be prescribed. 2 an appeal shall lie against any such order to the court to which appeals ordinarily lie from convictions by the magistrate.

section 453. of the code of criminal procedure : when any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

section 459. of the code of criminal procedure : if the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is 1 less than five hundred rupees, the magistrate may at any time direct it to be sold and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale. 1. subs. by act 25 of , s. 41, for less than ten rupees w.e.f. .

section 454. of the code of criminal procedure : 1 any person aggrieved by an order made by a court under section 452 or section 453, may appeal against it to the court to which appeals ordinarily lie from convictions by the former court. 2 on such appeal, the appellate court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. 3 the powers referred to in subsection 2 may also be exercised by a court of appeal, confirmation or revision while dealing with the case in which the order referred to in subsection 1 was made.

section 455. of the code of criminal procedure : 1 on a conviction under section 292, section 293, section 501 or section 502 of the indian penal code 45 of , the court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the court or remain in the possession or power of the person convicted. 2 the court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the indian penal code 45 of , order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.

section 466. of the code of criminal procedure : no attachment made under this code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.

section 460. of the code of criminal procedure : if any magistrate not empowered by law to do any of the following things, namely: a to issue a searchwarrant under section 94 b to order, under section 155, the police to investigate an offence c to hold an inquest under section 176 d to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction e to take cognizance of an offence under clause a or clause b of subsection 1 of section 190 f to make over a case under subsection 2 of section 192 g to tender a pardon under section 306 h to recall a case and try it himself under section 410 or i to sell property under section 458 or section 459, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

section 461. of the code of criminal procedure : if any magistrate, not being empowered by law in this behalf, does any of the following things, namely: a attaches and sells property under section 83 b issues a searchwarrant for a document, parcel or other things in the custody of a postal or telegraph authority c demands security to keep the peace d demands security for good behaviour e discharges a person lawfully bound to be of good behaviour f cancels a bond to keep the peace g makes an order for maintenance h makes an order under section 133 as to a local nuisance i prohibits, under section 143, the repetition or continuance of a public nuisance j makes an order under part c or part d of chapter x k takes cognizance of an offence under clause c of subsection 1 of section 190 l tries an offender m tries an offender summarily n passes a sentence, under section 325, on proceedings recorded by another magistrate o decides an appeal p calls, under section 397, for proceedings or q revises an order passed under section 446, his proceedings shall be void.

section 467. of the code of criminal procedure : 1for the purposes of this chapter, unless the context otherwise requires, period of limitation means the period specified in section 468 for taking cognizance of an offence. 1. provisions of this chapter shall not apply to certain economic offences, see the economic offences inapplicability of limitation act, 12 of , s. 2 and sch.

section 462. of the code of criminal procedure : no finding, sentence or order of any criminal court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, subdivision or other local area, unless it appears that such error has in fact occasioned a failure of justice.

section 463. of the code of criminal procedure : 1 if any court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the indian evidence act, 1 of , take evidence in regard to such noncompliance, and may, if satisfied that such noncompliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. 2 the provisions of this section apply to courts of appeal, reference and revision.

section 464. of the code of criminal procedure : 1 no finding, sentence or order by a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. 2 if the court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may, a in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommended from the point immediately after the framing of the charge b in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: provided that if the court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

section 465. of the code of criminal procedure : 1 subject to the provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that court, a failure of justice has in fact been occasioned thereby. 2 in determining whether any error, omission or irregularity in any proceeding under this code, or any error or irregularity in any sanction for the prosecution has occasioned a failure of justice, the court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

section 468. of the code of criminal procedure : 1 except as otherwise provided elsewhere in this code, no court shall take cognizance of an offence of the category specified in subsection 2, after the expiry of the period of limitation. 2 the period of limitation shall be a six months, if the offence is punishable with fine only b one year, if the offence is punishable with imprisonment for a term not exceeding one year c three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. 13 for the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. 1. ins. by act 45 of , s. 33 w.e.f. 18.12..

section 475. of the code of criminal procedure : 1 the central government may make rules consistent with this code and the army act, 46 of , the navy act, 62 of , and the air force act, 45 of , and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, naval or airforce law, or such other law, shall be tried by a court to which this code applies, or by a courtmartial and when any person is brought before a magistrate and charged with an offence for which he is liable to be tried either by a court to which this code applies or by a courtmartial, such magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or airforce station, as the case may be, for the purpose of being tried by a courtmartial. explanation.in this section a unit includes a regiment, corps, ship, detachment, group, battalion or company, b courtmartial includes any tribunal with the powers similar to those of a courtmartial constituted under the relevant law applicable to the armed forces of the union. 2 every magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. 3 a high court may, if it thinks fit, direct that a prisoner detained in any jail situate within the state be brought before a courtmartial for trial or to be examined touching any matter pending before the courtmartial.

section 469. of the code of criminal procedure : 1 the period of limitation, in relation to an offender, shall commence, a on the date of the offence or b where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier or c where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier. 2 in computing the said period, the day from which such period is to be computed shall be excluded.

section 470. of the code of criminal procedure : 1 in computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a court of first instance or in a court of appeal or revision, against the offender, shall be excluded: provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 2 where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. 3 where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. explanation.in computing the time required for obtaining the consent or sanction of the government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the government or other authority shall both be excluded. 4 in computing the period of limitation, the time during which the offender a has been absent from india or from any territory outside india which is under the administration of the central government, or b has avoided arrest by absconding or concealing himself, shall be excluded.

section 471. of the code of criminal procedure : where the period of limitation expires on a day when the court is closed, the court may take cognizance on the day on which the court reopens. explanation.a court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

section 473. of the code of criminal procedure : notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. state amendments andhra pradesh and telangana. chapter xxxvi of code of criminal procedure, not to apply to certain offences.nothing in chapter xxxvi of the code of criminal procedure, , shall apply to i any offences punishable under any of the enactments specified in the schedule or ii any other offences, which under the provisions of that code, may be tried along with such offences, and every offence referred to in clause i or clause ii, may be taken cognizance of by the court having jurisdiction as if the provisions of that chapter were not enacted. vide the andhra pradesh act 17 of , s. 2

section 472. of the code of criminal procedure : in the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

section 474. of the code of criminal procedure : when an offence is tried by the high court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a court of sessions would observe if it were trying the case.

section 476. of the code of criminal procedure : subject to the power conferred by article 227 of the constitution, the forms set forth in the second schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

section 477. of the code of criminal procedure : 1 every high court may, with the previous approval of the state government, make rules a as to the persons who may be permitted to act as petitionwriters in the criminal courts subordinate to it b regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them c providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed d any other matter which is required to be, or may be, prescribed. 2 all rules made under this section shall be published in the official gazette.

section 483. of the code of criminal procedure : every high court shall so exercise its superintendence over the courts of judicial magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such magistrates.

section 478. of the code of criminal procedure : 1478. power to alter functions allocated to executive magistrate in certain cases. if the legislative assembly of a state by a resolution so permits, the state government may, after consultation with the high court, by notification, direct that references in sections 108, 109, 110, 145 and 147 to an executive magistrate shall be construed as references to a judicial magistrate of the first class. state amendment union territories of andaman and nicobar islands, dadra and nagar haveli and lakshadweep in the code, as it applies to the union territories to which this regulation extends, in sections, 478, the words if the state legislature by a resolution so requires. shall be omitted. vide the code of criminal procedure amendment regulation, act 1 of s. 6. maharashtra amendment of section 478 of act 2 of .in section 478 of the said code, in clause b, for the words to and executive magistrate shall be construed the words to and executive magistrate in the areas of the state outside greater bombay shall be construed shall be substituted. vide maharashtra act 1 of , s. 4 1. subs. by act 63 of , s. 8, for s. 478 w.e.f. .

section 479. of the code of criminal procedure : no judge or magistrate shall, except with the permission of the court to which an appeal lies from his court, try or commit for trial any case to or in which he is a party, or personally interested, and no judge or magistrate shall hear an appeal from any judgment or order passed or made by himself. explanation.a judge or magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case.

section 484. of the code of criminal procedure : 1 the code of criminal procedure, 5 of , is hereby repealed. 2 notwithstanding such repeal a if, immediately before the date on which this code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the code of criminal procedure, 5 of , as in force immediately before such commencement hereinafter referred to as the old code, as if this code had not come into force: provided that every inquiry under chapter xviii of the old code, which is pending at the commencement of this code, shall be dealt with and disposed of in accordance with the provisions of this code b all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as special magistrates, made under the old code and which are in force immediately before the commencement of this code, shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this code c any sanction accorded or consent given under the old code in pursuance of which no proceeding was commenced under that code, shall be deemed to have been accorded or given under the corresponding provisions of this code and proceedings may be commenced under this code in pursuance of such sanction of consent d the provisions of the old code shall continue to apply in relation to every prosecution against a ruler within the meaning of article 363 of the constitution. 3 where the period prescribed for an application or other proceeding under the old code had expired on or before the commencement of this code, nothing in this code shall be construed as enabling any such application to be made or proceeding to be commenced under this code by reason only of the fact that a longer period therefor is prescribed by this code or provisions are made in this code for the extension of time. state amendment uttar pradesh in section 484 of said code, in subsection 2, after clause d, the following clause shall be inserted and be deemed always to have been inserted, namely : e the provisions of the united provinces borstal act, , the united provinces first offenders probation act, and the uttar pradesh children act, , shall continue in force in the state of uttar pradesh until altered or repealed or amended by the competent legislature or other competent authority, and accordingly, the provisions of section 360 of this code shall not apply to that state, and the provisions of section 361 shall apply with the substitution of references to the central acts named therein by references to the corresponding acts in force in that state. vide uttar pradesh act 16 of , s. 10. uttar pradesh in section 484 of the said code, in subsection 2, the clause a, after the proviso, the following further proviso shall be inserted, namely :. provided further that the provisions of section 326 of this code as amended by the code of criminal procedure uttar pradesh amendment act, shall apply also to every trial pending in a court of session at the commencement of this code and also pending at the commencement of the code of criminal procedure uttar pradesh amendment act, . vide uttar pradesh act 1 of , s. 11.

section 480. of the code of criminal procedure : no pleader who practises in the court of any magistrate shall sit as a magistrate in that court or in any court within the local jurisdiction of that court. state amendment karnataka insertion of new section 480a. after section 480 of the code of criminal procedure, central act 2 of the following section shall be inserted, namely: 480a. other powers of magistrate.any judicial magistrate or executive magistrate shall be entitled to attest, verify or authenticate any document brought before him for the purpose of attestation, verification or authentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being in force.. vide karnataka act 35 of , s. 2

section 481. of the code of criminal procedure : a public servant having any duty to perform in connection with the sale of any property under this code shall not purchase or bid for the property.

section 482. of the code of criminal procedure : nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.

section 7a. of the prevention of corruption act : 17a. taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence.whoever accepts or obtains or attempts to obtain from another person for himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. 1. subs. by act 16 of , s. 4, for sections 7, 8, 9 and 10 w.e.f. .

section 1. of the prevention of corruption act : show related subordinates 1 this act may be called the prevention of corruption act, . 2 it extends to the whole of india 1 and it applies also to all citizens of india outside india. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the prevention of corruption act : in this act, unless the context otherwise requires, a election means any election, by whatever means held under any law for the purpose of selecting members of parliament or of any legislature, local authority or other public authority 1aa prescribed means prescribed by rules made under this act and the expression prescribe shall be construed accordingly b public duty means a duty in the discharge of which the state, the public or the community at large has an interest explanation.in this clause state includes a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1 of c public servant means i any person in the service or pay of the government or remunerated by the government by fees or commission for the performance of any public duty ii any person in the service or pay of a local authority iii any person in the service or pay of a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1 of iv any judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions v any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court vi any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority vii any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election viii any person who holds an office by virtue of which he is authorised or required to perform any public duty ix any person who is the president, secretary or other officebearer of a registered cooperative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the central government or a state government or from any corporation established by or under a central, provincial or state act, or any authority or body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1 of x any person who is a chairman, member or employee of any service commission or board, by whatever name called, or a member of any selection committee appointed by such commission or board for the conduct of any examination or making any selection on behalf of such commission or board xi any person who is a vicechancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any university and any person whose services have been availed of by a university or any other public authority in connection with holding or conducting examinations xii any person who is an officebearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the central government or any state government, or local or other public authority. 2d undue advantage means any gratification whatever, other than legal remuneration. explanation.for the purposes of this clause, a the word gratification is not limited to pecuniary gratifications or to gratifications estimable in money b the expression legal remuneration is not restricted to remuneration paid to a public servant, but includes all remuneration which he is permitted by the government or the organisation, which he serves, to receive. explanation 1.persons falling under any of the above subclauses are public servants, whether appointed by the government or not. explanation 2.wherever the words public servant occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation. 1. ins. by act 16 of , s. 2 w.e.f. . 2. ins. by act 16 of , s. 2 w.e.f. .

section 4. of the prevention of corruption act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of , or in any other law for the time being in force, the offences specified in subsection 1 of section 3 shall be tried by special judges only. 2 every offence specified in subsection 1 of section 3 shall be tried by the special judge for the area within which it was committed, or, as the case may be, by the special judge appointed for the case, or where there are more special judges than one for such area, by such one of them as may be specified in this behalf by the central government. 3 when trying any case, a special judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the code of criminal procedure, 2 of , be charged at the same trial. 14 notwithstanding anything contained in the code of criminal procedure, 2 of , the trial of an offence shall be held, as far as practicable, on daytoday basis and an endeavour shall be made to ensure that the said trial is concluded within a period of two years: provided that where the trial is not concluded within the said period, the special judge shall record the reasons for not having done so: provided further that the said period may be extended by such further period, for reasons to be recorded in writing but not exceeding six months at a time so, however, that the said period together with such extended period shall not exceed ordinarily four years in aggregate. 1. subs. by act 16 of , s. 3, for subsection 4 w.e.f. .

section 8. of the prevention of corruption act : 18. offence relating to bribing of a public servant.1 any person who gives or promises to give an undue advantage to another person or persons, with intention i to induce a public servant to perform improperly a public duty or ii to reward such public servant for the improper performance of public duty, shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both: provided that the provisions of this section shall not apply where a person is compelled to give such undue advantage: provided further that the person so compelled shall report the matter to the law enforcement authority or investigating agency within a period of seven days from the date of giving such undue advantage: provided also that when the offence under this section has been committeed by commercial organisation, such commercial organisation shall be punishable with fine. illustration.a person, p gives a public servant, s an amount of ten thousand rupees to ensure that he is granted a license, over all the other bidders. p is guilty of an offence under this subsection. explanation.it shall be immaterial whether the person to whom an undue advantage is given or promised to be given is the same person as the person who is to perform, or has performed, the public duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be given by the person directly or through a third party. 2 nothing in subsection 1 shall apply to a person, if that person, after informing a law enforcement authority or investigating agency, gives or promises to give any undue advantage to another person in order to assist such law enforcement authority or investigating agency in its investigation of the offence alleged against the later. 1. subs. by act 16 of , s. 4, for sections 7, 8, 9 and 10 w.e.f. .

section 7. of the prevention of corruption act : 17. offence relating to public servant being bribed. any public servant who, a obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant or b obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant or c performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. explanation 1.for the purpose of this section, the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper. illustration.a public servant, s asks a person, p to give him an amount of five thousand rupees to process his routine ration card application on time. s is guilty of an offence under this section. explanation 2.for the purpose of this section, i the expressions obtains or accepts or attempts to obtain shall cover cases where a person being a public servant, obtains or accepts or attempts to obtain, any undue advantage for himself or for another person, by abusing his position as a public servant or by using his personal influence over another public servant or by any other corrupt or illegal means ii it shall be immaterial whether such person being a public servant obtains or accepts, or attempts to obtain the undue advantage directly or through a third party. 1. subs. by act 16 of , s. 4, for sections 7, 8, 9 and 10 w.e.f. .

section 9. of the prevention of corruption act : 19. offence relating to bribing a public servant by a commercial organisation.1 where an offence under this act has been committed by a commercial organisation, such organisation shall be punishable with fine, if any person associated with such commercial organisation gives or promises to give any undue advantage to a public servant intending a to obtain or retain business for such commercial organisation or b to obtain or retain an advantage in the conduct of business for such commercial organisation: provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct. 2 for the purposes of this section, a person is said to give or promise to give any undue advantage to a public servant, if he is alleged to have committed the offence under section 8, whether or not such person has been prosecuted for such offence. 3 for the purposes of section 8 and this section, a commercial organisation means i a body which is incorporated in india and which carries on a business, whether in india or outside india ii any other body which is incorporated outside india and which carries on a business, or part of a business, in any part of india iii a partnership firm or any association of persons formed in india and which carries on a business whether in india or outside india or iv any other partnership or association of persons which is formed outside india and which carries on a business, or part of a business, in any part of india b business includes a trade or profession or providing service c a person is said to be associated with the commercial organisation, if such person performs services for or on behalf of the commercial organisation irrespective of any promise to give or giving of any undue advantage which constitutes an offence under subsection 1. explanation 1.the capacity in which the person performs services for or on behalf of the commercial organisation shall not matter irrespective of whether such person is employee or agent or subsidiary of such commercial organisation. explanation 2.whether or not the person is a person who performs services for or on behalf of the commercial organisation is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between such person and the commercial organisation. explanation 3.if the person is an employee of the commercial organisation, it shall be presumed unless the contrary is proved that such person is a person who has performed services for or on behalf of the commercial organisation. 4 notwithstanding anything contained in the code of criminal procedure, 2 of , the offence under sections 7a, 8 and this section shall be cognizable. 5 the central government shall, in consultation with the concerned stakeholders including departments and with a view to preventing persons associated with commercial organisations from bribing any person, being a public servant, prescribe such guidelines as may be considered necessary which can be put in place for compliance by such organisations. 1. subs. by act 16 of , s. 4, for sections 7, 8, 9 and 10 w.e.f. .

section 3. of the prevention of corruption act : 1 the central government or the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try the following offences, namely: a any offence punishable under this act and b any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause a. 2 a person shall not be qualified for appointment as a special judge under this act unless he is or has been a sessions judge or an additional sessions judge or an assistant sessions judge under the code of criminal procedure, 2 of .

section 5. of the prevention of corruption act : 1 a special judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the code of criminal procedure, 2 of , for the trial of warrant cases by magistrates. 2 a special judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of subsections 1 to 5 of section 308 of the code of criminal procedure, 2 of , be deemed to have been tendered under section 307 of that code. 3 save as provided in subsection 1 or subsection 2, the provisions of the code of criminal procedure, 2 of , shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge and for the purposes of the said provisions, the court of the special judge shall be deemed to be a court of session and the person conducting a prosecution before a special judge shall be deemed to be a public prosecutor. 4 in particular and without prejudice to the generality of the provisions contained in subsection 3, the provisions of sections 326 and 475 of the code of criminal procedure, 2 of , shall, so far as may be, apply to the proceedings before a special judge and for the purposes of the said provisions, a special judge shall be deemed to be a magistrate. 5 a special judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted. 6 a special judge, while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law amendment ordinance, ord. 38 of .

section 6. of the prevention of corruption act : 1 where a special judge tries any offence specified in subsection 1 of section 3, alleged to have been committed by a public servant in relation to the contravention of any special order referred to in subsection 1 of section 12a of the essential commodities act, 10 of or of an order referred to in clause a of subsection 2 of that section, then, notwithstanding anything contained in subsection 1 of section 5 of this act or section 260 of the code of criminal procedure, 2 of , the special judge shall try the offence in a summary way, and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial: provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the special judge to pass a sentence of imprisonment for a term not exceeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the special judge that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the special judge shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure prescribed by the said code for the trial of warrant cases by magistrates. 2 notwithstanding anything to the contrary contained in this act or in the code of criminal procedure, 2 of , there shall be no appeal by a convicted person in any case tried summarily under this section in which the special judge passes a sentence of imprisonment not exceeding one month, and of fine not exceeding two thousand rupees whether or not any order under section 452 of the said code is made in addition to such sentence, but an appeal shall lie where any sentence in excess of the aforesaid limits is passed by the special judge.

section 13. of the prevention of corruption act : 11 a public servant is said to commit the offence of criminal misconduct, a if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do or b if he intentionally enriches himself illicitly during the period of his office. explanation 1.a person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for. explanation 2.the expression known sources of income means income received from any lawful sources. 2 any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than 2four years but which may extend to 3ten years and shall also be liable to fine. 1. subs. by act 16 of , s. 7, for subsection 1 w.e.f. . 2. subs. by act 1 of , s. 58 and the sch., for one year w.e.f. . 3. subs. by s. 58 and the sch., ibid., for seven years w.e.f. .

section 10. of the prevention of corruption act : 110. person in charge of commercial organisation to be guilty of offence.where an offence under section 9 is committed by a commercial organisation, and such offence is proved in the court to have been committed with the consent or connivance of any director, manager, secretary or other officer shall be of the commercial organisation, such director, manager, secretary or other officer shall be guilty of the offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine. explanation.for the purposes of this section, director, in relation to a firm means a partner in the firm. 1. subs. by act 16 of , s. 4, for sections 7, 8, 9 and 10 w.e.f. .

section 11. of the prevention of corruption act : 11. public servant obtaining 1undue advantage, without consideration from person concerned in proceeding or business transacted by such public servant.whoever, being a public servant, accepts or obtains 2 or attempts to obtain for himself, or for any other person, any 1undue advantage without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the 3official functions or public duty of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine. 1. subs. by act 16 of , s. 5, for valuable thing w.e.f. . 2. the words or agrees to accept omitted by s. 5, ibid. we.f. . 3. subs. by s. 5, ibid., for official functions w.e.f. .

section 12. of the prevention of corruption act : 112. punishment for abetment of offences. whoever abets any offence punishable under this act, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall not be less than three years, but which may extend to seven years and shall also be liable to fine. 1. subs. by s. 6, ibid., for section 12 w.e.f. .

section 15. of the prevention of corruption act : whoever attempts to commit an offence referred to in 1clause a of subsection 1 of section 13 shall be punishable with imprisonment for a term 2which shall not be less than two years but which may extend to five years and with fine. 1. subs. by s. 9, ibid., for clause c or clause d w.e.f. . 2. subs. by act 1 of , s. 58 and the sch., for which may extend to three years w.e.f. .

section 16. of the prevention of corruption act : where a sentence of fine is imposed under 1section 7 or section 8 or section 9 or section 10 or section 11 or subsection 2 of section 13 or section 14 or section 15, the court in fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence or where the conviction is for an offence referred to in 2clause b of subsection 1 of section 13, the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily. 1. subs. by act 16 of , s. 10, for subsection 2 of section 13 or section 14w.e.f. . 2. subs. by s. 10, ibid., for clause e w.e.f. .

section 14. of the prevention of corruption act : 114. punishment for habitual offender. whoever convicted of an offence under this act subsequently commits an offence punishable under this act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and shall also be liable to fine. 1. subs. by act 16 of , s. 8, for section 14 w.e.f. .

section 17. of the prevention of corruption act : notwithstanding anything contained in the code of criminal procedure, 2 of , no police officer below the rank, a in the case of the delhi special police establishment, of an inspector of police b in the metropolitan areas of bombay, calcutta, madras and ahmedabad and in any other metropolitan area notified as such under subsection 1 of section 8 of the code of criminal procedure, 2 of , of an assistant commissioner of police c elsewhere, of a deputy superintendent of police or a police officer of equivalent rank, shall investigate any offence punishable under this act without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: provided that if a police officer not below the rank of an inspector of police is authorised by the state government in this behalf by general or special order, he may also investigate any such offence without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make arrest therefor without a warrant: provided further that an offence referred to in 1clause b of subsection 1 of section 13 shall not be investigated without the order of a police officer not below the rank of a superintendent of police. 1. subs. by act 16 of , s. 11, for clause e of subsection 1 w.e.f. .

section 17a. of the prevention of corruption act : 117a. enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties. no police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval a in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the union, of that government b in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a state, of that government c in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed: provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month. state amendment union territory of jammu and kashmir and union territory of ladakh insertion of section 17b. after section 17a, insert the following section, namely: 17b. establishment of anticorruption bureau for the union territory of jammu and kashmir.1 notwithstanding anything contained in this act, the government of union territory of jammu and kashmir shall, by notification in the official gazette, establish a bureau for investigation of offences under this act under the name of anticorruption bureau. 2 the bureau shall consist of the director and such other officers and staff subordinate to him as the government of union territory of jammu and kashmir may from time to time think fit to appoint. 3 the qualification of officers other than the director shall be such as may be prescribed by the government of union territory of jammu and kashmir: provided that till qualification of officers other than the director is prescribed by the government of union territory of jammu and kashmir, the rules notified by the government in this regard under the prevention of corruption act, samvat, now repealed shall continue to govern the qualification of such officers. 4 the director and the officers and staff subordinate to him shall hold office for such term and on such conditions as the government of union territory of jammu and kashmir may from time to time determine. explanation:the anticorruption bureau established under the prevention of corruption act, samvat, now repealed shall deemed to be anticorruption bureau established under the provisions of this act, as if the same has been established under the provisions of this act and any reference to the anticorruption bureau in any law, order, notification or rules in force in the union territory of jammu and kashmir shall be construed to mean the anticorruption bureau established under the provisions of this act. insertion of section 17c to 17g.after section 17a, insert the following sections, namely: 17c. powers of attachment of property.1 if an officer not below the rank of deputy superintendent of police of the anticorruption bureau, investigating an offence committed under this act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of criminal misconduct as defined under section 5, he shall, with the prior approval in writing of the director of the anticorruption bureau, make an order seizing such property and, where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order or of the designated authority to be notified by the government of union territory of jammu and kashmir before whom the properties seized or attached are produced and a copy of such order shall be served on the person concerned: provided that the investigating officer may, at any stage of investigation after registration of f.i.r. in respect of any case under the act where he has reason to believe that such property is likely to be transferred or otherwise dealt with to defeat the prosecution of the case direct that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the designated authority. explanation.for the purposes of this section, attachment shall include temporarily assuming the custody, possession and/or control of such property. 2 the investigating officer shall inform the designated authority, within forty eight hours, of the seizure or attachment of such property together with a report of the circumstances occasioning the seizure or attachment of such property, as the case may be. 3 it shall be open to the designated authority before whom the seized or attached properties are produced either to confirm or revoke the order of seizure or attachment so issued within thirty days: provided that an opportunity of being heard shall be afforded to the investigating officer and the person whose property is being attached or seized before making any order under this subsection: provided further that till disposal of the case the designated authority shall ensure the safety and protection of such property. 4 in the case of immovable property attached by the investigating officer, it shall be deemed to have been produced before the designated authority, when the investigating officer notifies his report and places it at the disposal of the designated authority. 5 any person aggrieved by an order under the proviso to subsection 1 may apply to the designated authority for grant of permission to transfer or otherwise deal with such property. 6 the designated authority may either grant, or refuse to grant, the permission to the applicant. 7 the designated authority, acting under the provisions of this act, shall have all the powers of a civil court required for making a full and fair enquiry into the matter before it. 17d. appeal against the order of designated authority.1 any person aggrieved by an order made by the designated authority under subsection 3 or subsection 5 of section 17c may prefer an appeal, within one month from the date of receipt of the order, to the special judge and the special court may either confirm the order of attachment of property or seizure so made or revoke such order and release the property or pass such order as it may deem just and proper within a period of sixty days. 2 where any property is seized or attached under section 17c and the special court is satisfied about such seizure or attachment, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached is prosecuted in the special court for an offence under this act. 3 it shall be competent for the special court to make an order in respect of property seized or attached, a directing it to be sold if it is a perishable property and the provisions of section 459 of the code of criminal procedure, 2 of shall, as nearly as may be practicable, apply to the net proceeds of such sale b nominating any officer of the government, in the case of any other property, to perform the function of the administrator of such property subject to such conditions as may be specified by the special court. 17e. issue of showcause notice before forfeiture of the property.no order under subsection 2 of section 17d shall be made by the special court a unless the person holding or in possession of such property is given a notice in writing informing him of the grounds on which it is proposed to forfeit such property and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the matter b if the person holding or in possession of such property establishes that he is a bona fide transferee of such property for value without knowing that such property has been so acquired. 17f. appeal.1 any person aggrieved by order of the special court under section 17d may within one month from the date of the receipt of such order, appeal to the high court of jammu and kashmir. 2 where any order under section 17d is modified or annulled by the high court or where in a prosecution instituted for the contravention of the provisions of this act, the person against whom an order of the special court has been made is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price therefor as if the property had been sold to the government with reasonable interest calculated from the date of seizure of the property and such price shall be determined in the manner prescribed. 17g. order of forfeiture not to interfere with other punishments.the order of forfeiture made under this act by the special court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under this act. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated . 1. ins. by s. 12, ibid. w.e.f. .

section 18a. of the prevention of corruption act : 118a. provisions of criminal law amendment ordinance, to apply to attachment under this act. 1 save as otherwise provided under the prevention of money laundering act, 15 of , the provisions of the criminal law amendment ordinance, ord. 38 of shall, as far as may be, apply to the attachment, administration of attached property and execution of order of attachment or confiscation of money or property procured by means of an offence under this act. 2 for the purposes of this act, the provisions of the criminal law amendment ordinance, ord. 38 of shall have effect, subject to the modification that the references to district judge shall be construed as references to special judge. 1. ins. by s. 13, ibid. w.e.f. .

section 18. of the prevention of corruption act : if from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section: provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a superintendent of police, unless he is specially authorised in this behalf by a police officer of or above the rank of a superintendent of police. explanation.in this section, the expressions bank and bankers books shall have the meanings respectively assigned to them in the bankers books evidence act, 18 of .

section 23. of the prevention of corruption act : 23. particulars in a charge in relation to an offence under 1section 131a.notwithstanding anything contained in the code of criminal procedure, 2 of , when an accused is charged with an offence under 2clause a of subsection 1 of section 13, it shall be sufficient to describe in the charge the property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 219 of the said code: provided that the time included between the first and last of such dates shall not exceed one year. 1. subs. by act 16 of , s. 16, for section 131 c w.e.f. . 2. subs. by s. 16, ibid., for clause cw.e.f. .

section 20. of the prevention of corruption act : 120. presumption where public servant accepts any undue advantage. where, in any trial of an offence punishable under section 7 or under section 11, it is proved that a public servant accused of an offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or attempted to obtain that undue advantage, as a motive or reward under section 7 for performing or to cause performance of a public duty improperly or dishonestly either by himself or by another public servant or, as the case may be, any undue advantage without consideration or for a consideration which he knows to be inadequate under section 11. 1. subs. by act 16 of , s. 15, for section 20 w.e.f. .

section 19. of the prevention of corruption act : 1 no court shall take cognizance of an offence punishable under 1sections 7, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction 2save as otherwise provided in the lokpal and lokayuktas act, 1 of a in the case of a person 3who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government b in the case of a person 3who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government c in the case of any other person, of the authority competent to remove him from his office: 4provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate government or competent authority, as the case may be, for the previous sanction of such government or authority for taking cognizance by the court of any of the offences specified in this subsection, unless i such person has filed a complaint in a competent court about the alleged offences for which the public servant is sought to be prosecuted and ii the court has not dismissed the complaint under section 203 of the code of criminal procedure, 2 of and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate government or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned public servant: provided also that the appropriate government or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this subsection, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month: provided also that the central government may, for the purpose of sanction for prosecution of a public servant, prescribe such guidelines as it considers necessary. explanation.for the purposes of subsection 1, the expression public servant includes such person a who has ceased to hold the office during which the offence is alleged to have been committed or b who has ceased to hold the office during which the offence is alleged to have been committed and is holding an office other than the office during which the offence is alleged to have been committed. 2 where for any reason whatsoever any doubt arises as to whether the previous sanction as required under subsection 1 should be given by the central government or the state government or any other authority, such sanction shall be given by that government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed. 3 notwithstanding anything contained in the code of criminal procedure, 2 of , a no finding, sentence or order passed by a special judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under subsection 1, unless in the opinion of that court, a failure of justice has in fact been occasioned thereby b no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice c no court shall stay the proceedings under this act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. 4 in determining under subsection 3 whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings. explanation.for the purposes of this section, a error includes competency of the authority to grant sanction b a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature. 1. subs. by act 16 of , s. 14, for sections 7, 10, 11, 13 and 15 w.e.f. . 2. ins. by act 1 of , s.58 and the schedule w.e.f. . 3. subs. by act 16 of , s. 14, for who is employed w.e.f. . 4. ins. by s. 14, ibid. w.e.f. .

section 22. of the prevention of corruption act : the provisions of the code of criminal procedure, 2 of , shall in their application to any proceeding in relation to an offence punishable under this act have effect as if, a in subsection 1 of section 243, for the words the accused shall then be called upon, the words the accused shall then be required to give in writing at once or within such time as the court may allow, a list of the persons if any whom he proposes to examine as his witnesses and of the documents if any on which he proposes to rely and he shall then be called upon had been substituted b in subsection 2 of section 309, after the third proviso, the following proviso had been inserted, namely: provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 397 has been made by a party to the proceeding. c after subsection 2 of section 317, the following subsection had been inserted, namely: 3 notwithstanding anything contained in subsection 1 or subsection 2, the judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for crossexamination. d in subsection 1 of section 397, before the explanation, the following proviso had been inserted, namely : provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings: a without giving the other party an opportunity of showing cause why the record should not be called for or b if it is satisfied that an examination of the record of the proceedings may be made from the certified copies..

section 21. of the prevention of corruption act : any person charged with an offence punishable under this act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: provided that a he shall not be called as a witness except at his own request b his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial c he shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless i the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or ii he has personally or by his pleader asked any question of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or iii he has given evidence against any other person charged with the same offence.

section 26. of the prevention of corruption act : every special judge appointed under the criminal law amendment act, , for any area or areas and is holding office on the commencement of this act shall be deemed to be a special judge appointed under section 3 of this act for that area or areas and, accordingly, on and from such commencement, every such judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this act.

section 24. of the prevention of corruption act : 24. statement by bribe giver not to subject him to prosecution. omitted by the prevention of corruption amendment act, 16 of , s. 17 w.e.f. .

section 25. military, naval and air force or other law not to be affected of the prevention of corruption act : 1 nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the army act, 45 of , the air force act, 46 of , the navy act, 62 of , the border security force act, 47 of , the coast guard act, 30 of and the national security guard act, 47 of . 2 for the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in subsection 1, the court of a special judge shall be deemed to be a court of ordinary criminal justice.

section 29. of the prevention of corruption act : in the criminal law amendment ordinance, , a in subsection 1 of section 3, subsection 1 of section 9, clause a of section 10, subsection 1 of section 11 and subsection 1 of section 13, for the words state government, wherever they occur, the words state government or, as the case may be, the central government shall be substituted b in section 10, in clause a, for the words three months, the words one year shall be substituted c in the schedule, i paragraph 1 shall be omitted ii in paragraphs 2 and 4, a after the words a local authority, the words and figures or a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by government or a government company as defined in section 617 of the companies act, 1 of or a society aided by such corporation, authority, body or government company shall be inserted b after the words or authority, the words or corporation or body or government company or society shall be inserted iii for paragraph 4a, the following paragraph shall be substituted, namely: 4a.an offence punishable under the prevention of corruption act, . iv in paragraph 5, for the words and figures items 2, 3 and 4, the words, figures and letter items 2, 3, 4 and 4a shall be substituted.

section 27. of the prevention of corruption act : subject to the provisions of this act, the high court may exercise, so far as they may be applicable, all the powers of appeal and revision conferred by the code of criminal procedure, 2 of on a high court as if the court of the special judge were a court of session trying cases within the local limits of the high court.

section 28. of the prevention of corruption act : the provisions of this act shall be in addition to, and not in derogation of, any otherlaw for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this act, be instituted against him.

section 31. of the prevention of corruption act : omission of certain sections of act 45 of .rep. by the repealing and amending act, 30 of , s.2 and the first schedule w.e.f. .

section 29a. of the prevention of corruption act : 129a. power to make rules.1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a guidelines which can be put in place by commercial organisation under section 9 b guidelines for sanction of prosecution under subsection 1 of section 19 c any other matter which is required to be, or may be, prescribed. 3 every rule made under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 16 of , s. 18 w.e.f. .

section 30. of the prevention of corruption act : 1 the prevention of corruption act, 2 of and the criminal law amendment act, 46 of are hereby repealed. 2 notwithstanding such repeal, but without prejudice to the application of section 6 of the general clauses act, 10 of , anything done or any action taken or purported to have been done or taken under or in pursuance of the acts so repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under or in pursuance of the corresponding provision of this act.

section 8. of the northeastern hill university act : 1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 3 the visitor shall, in every case, give notice of his intention to cause an inspection or inquiry to be made, a to the university, if such inspection or inquiry is to be made in respect of the university, college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of a college or an institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 4 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where any inspection or inquiry has been caused to be made by the visitor, the university or the management, as the case may be, shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 6 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may be pleased to offer upon the action to be taken thereon. 7 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 8 the executive council or the management, as the case may be, shall communicate through the vicechancellor to the visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. 9 where the executive council or the management does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or management, issue such directions as he may think fit and the executive council or management, as the case may be, shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statutes.

section 1. of the northeastern hill university act : 1 this act may be called the northeastern hill university act, . 2 it extends to the 1 state of meghalaya and the 2 state of arunachal pradesh. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 35 of , s. 48, for states of meghalaya and nagaland w.e.f. . 2. subs. by act 8 of , s. 47, for union territories of arunachal pradesh and mizoram w.e.f. . 3. 19th july, , vide notification no. s.o. 223e, dated 19th july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the northeastern hill university act : 1 there shall be established a university by the name of northeastern hill university. 2 the headquarters of the university shall be at shillong and it shall have campuses in the 4 state of meghalaya it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of northeastern hill university. 4 the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name. 1. subs. by act 35 of , s. 48, for states of meghalaya and nagaland w.e.f. .

section 7. of the northeastern hill university act : the university shall be open to persons of either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat: provided that nothing in this section shall be deemed to prevent the university from making special provisions for admission of students of the weaker sections of the people in the northeastern region and, in particular, of the scheduled castes and the scheduled tribes.

section 2. of the northeastern hill university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university e college means a college maintained by, or admitted to the privileges of, the university f court means the court of the university g department means a department of studies, and includes a centre of studies h employee means any person appointed by the university, and includes teachers and other staff of the university i executive council means the executive council of the university j hall means a unit of residence or of corporate life for the students of the university, college or institution, provided, maintained or recognised by the university k institution means an academic institution, not being a college, maintained by, or admitted to the privileges of, the university l northeastern region means the northeastern region of india comprising the 1 state of meghalaya and the 2 state of arunachal pradesh m principal means the head of a college or an institution, and includes where there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or the acting principal, a viceprincipal duly appointed as such n recognised teachers means such persons as are recognised by the university for the purpose of imparting instruction in a college or an institution admitted to the privileges of the university o school means a school of studies of the university p statutes, ordinances and regulations, mean, respectively, the statutes, ordinances and regulations of the university for the time being in force q teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances r university means the northeastern hill university. 1. subs. by act 35 of , s. 48, for states of meghalaya and nagaland w.e.f. . 2. subs. by act 8 of , s. 47, for union territories of arunachal pradesh and mizoram w.e.f. .

section 4. of the northeastern hill university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit to pay special attention to the improvement of the social and economic conditions and welfare of the people of the hill areas of the northeastern region and, in particular, their intellectual, academic and cultural advancement.

section 9. of the northeastern hill university act : the governor of the 1 state of meghalaya shall be the chief rector of the university. 1. subs. by act 35 of , s. 48, for states of meghalaya and nagaland w.e.f. .

section 11. of the northeastern hill university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 5. of the northeastern hill university act : the university shall have the following powers, namely: 1 to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge 2 to take such academic steps as would contribute to the improvement of the economic conditions and welfare of the people of the hill areas of the northeastern region 3 to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause 4 to organise and to undertake extramural studies and extension services 5 to confer honorary degrees or other distinctions in the manner prescribed by the statutes 6 to provide instruction, including correspondence and such other courses, to such persons as are not members of the university, as it may determine 7 to institute principalships, professorships, readerships, lecturerships, and other teaching or academic posts required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts 8 to recognise persons for imparting instruction in any college or institution admitted to the 9 to appoint persons working in any other university or organisation as teachers of the university for a specified period 10 to create administrative, ministerial and other posts and to make appointments thereto 11 to cooperate or collaborate with any other university or authority in such manner and for such purposes as the university may determine 12 to establish such campuses, centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects 13 to institute and award fellowships, scholarships, studentships, medals and prizes 14 to establish and maintain colleges, institutions and halls 15 to admit to its privileges colleges and institutions not maintained by the university to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes and to recognise halls not maintained by the university and to withdraw any such recognition 16 to declare a college, an institution or a department as an autonomous college or an institution or a department, as the case may be 17 to determine standards for admission into the university, which may include examination, evaluation or any other method of testing 18 to demand and receive payment of fees and other charges 19 to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare 20 to make special arrangements in respect of women students as the university may consider desirable 21 to regulate and enforce discipline among the employees and students of the university and take such disciplinary measures in this regard as may be deemed necessary 22 to make arrangements for promoting the health and general welfare of the employees 23 to acquire, hold, manage and dispose of property, movable or immovable, including trust and endowment properties for the purposes of the university 24 to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university 25 to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 13. of the northeastern hill university act : every provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 6. of the northeastern hill university act : 1 the jurisdiction of the university shall extend to the 1 state of meghalaya and the 2 state of arunachal pradesh. 2 no college or institution situated within the local limits of the jurisdiction of the university shall be compulsorily affiliated to the university, and affiliation shall be granted by the university only to such colleges or institutions as may agree to accept the statutes and ordinances. 3 any college or institution admitted to the privileges of the university shall cease to be associated with, or be admitted to the privileges of, any other university. 4 no college or institution situated within the local limits of the jurisdiction of the university, but not admitted to its privileges, shall be associated with, or be admitted to the privileges of, any other university except with the previous approval of the government of the state in which, or the administrator of the union territory in which, such college or institution is situate. 1. subs. by act 35 of , s. 48, for states of meghalaya and nagaland w.e.f. . 2. subs. by act 8 of , s. 47, for union territories of arunachal pradesh and mizoram w.e.f. .

section 15. of the northeastern hill university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other duties as may be prescribed by the statutes.

section 10. of the northeastern hill university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellors 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 12. of the northeastern hill university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes or ordinances.

section 17. of the northeastern hill university act : the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes.

section 14. of the northeastern hill university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 16. of the northeastern hill university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 21. of the northeastern hill university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 18. of the northeastern hill university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the boards of schools and 5 such other authorities as may be declared by the statutes to be authorities of the university.

section 19. of the northeastern hill university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 20. of the northeastern hill university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 23. of the northeastern hill university act : 1 there shall be constituted a planning board of the university which shall advise generally on the planning and development of the university and keep under review the standard of education and research in the university. 2 the planning board shall consist of a the vicechancellor, who shall be the chairman, and b not more than eight persons of high academic standing who shall be appointed in such manner as may be prescribed by the statutes. 3 the visitor may determine a date with effect from which the planning board shall stand dissolved.

section 22. of the northeastern hill university act : the constitution, powers and functions of the boards of schools and of such other authorities as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes.

section 25. of the northeastern hill university act : show related subordinates 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the approval of the visitor who may assent thereto or withhold assent or remit to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1 during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. statutes yeardescriptionfiles stautes

section 24. of the northeastern hill university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers of the university and other academic staff and their emoluments e the appointment of teachers and other academic staff working in any other university or organisation for a specified period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing seniority of service of employees h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the establishment and recognition of students union or associations of teachers, academic staff or other employees k the participation of students in the affairs of the university l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the maintenance of discipline among the students p the establishment and abolition of schools, departments, halls, colleges and institutions q the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges r the delegation of powers vested in the authorities or officers of the university and s all other matters which by this act are to be, or may be, provided by the statutes.

section 26. of the northeastern hill university act : 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions of award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the supervision and management of colleges and institutions admitted to the privileges of the university and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 27. of the northeastern hill university act : 11 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes. 2 2 every statute, ordinance or regulation made under this act shall be published in the official gazette. 3 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 1. section 27 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 31. of the northeastern hill university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsection 2 of section 30 shall, as far as may be, apply to a reference made under this subsection.

section 28. of the northeastern hill university act : 1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 1 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by act 25 of , s. 8 w.e.f. .

section 29. of the northeastern hill university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall once at least every year and at intervals of not more than fifteen months be audited by the comptroller and auditorgeneral of india. 2 the annual accounts when audited shall be published in the gazette of india and a copy of the accounts together with the report of the comptroller and auditorgeneral shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 1 4 a copy of the annual accounts together with the report of comptroller and auditorgeneral, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by s. 9, ibid. w.e.f. .

section 30. of the northeastern hill university act : 1 every employee shall be appointed under a written contract which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of a contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of .

section 35. of the northeastern hill university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 32. of the northeastern hill university act : every employee or student of the university or of a college or institution shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 33. of the northeastern hill university act : 1 the university shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 34. of the northeastern hill university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 36. of the northeastern hill university act : all casual vacancies among the members other than exofficio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 37. of the northeastern hill university act : no act or proceedings of any authority or other body of the university shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

section 38. of the northeastern hill university act : no suit or other legal proceedings shall lie against any officer or employee of the university for anything, which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or ordinances.

section 42. of the northeastern hill university act : notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college or institution, who, immediately before the admission of such college or institution to the privileges of the northeastern hill university, was studying for a degree, diploma or certificate of the gauhati university, shall be permitted by the northeastern hill university to complete his course for that degree, diploma or certificate, as the case may be, and the northeastern hill university and such college or institution shall provide for the instruction and examination of such student in accordance with the syllabus of studies of the gauhati university.

section 39. of the northeastern hill university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 40. of the northeastern hill university act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act.

section 41. of the northeastern hill university act : notwithstanding anything contained in this act and the statute a the first chancellor and the first vicechancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the first academic council shall be constituted on the expiry of a period of six months from the commencement of this act and during the said period of six months, the powers of the academic council shall be performed by the planning board constituted under section 23 e the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and shall hold office for a term of three years : provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 3e. of the coal mines provident fund and miscellaneous provisionsact : show related subordinates 13e. coal mines pension scheme.1 the central government may, by notification in the official gazette, frame a scheme to be called the coal mines pension scheme for the purpose of providing for a superannuation pension, retiring pension or permanent total disablement pension to the persons employed in any coal mine or class of coal mines to which this act applies and b widow or widower pension, children pension or orphan pension and life assurance benefits, payable to the beneficiaries of such employees. 2 notwithstanding anything contained in section 3, there shall be established, as soon as may be after framing of the pension scheme, a pension fund into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme, a such sums, not exceeding onefourth, of the amount payable to the fund under subsection 1 of section 10d as the employers contribution as well as the employees contribution, as may be specified in the pension scheme b such sums as the central government may, after due appropriation made by parliament by law in this behalf, specify c the net assets of the pension fund as existed immediately before the establishment of the pension fund and d any other contribution which may be made to the pension fund with the previous approval of the central government. 3 on the establishment of the pension fund, the pension scheme hereinafter referred to as the ceased scheme shall cease to operate and all assets of the ceased scheme shall vest in, and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the pension fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits, they were entitled to under the ceased scheme, from the pension fund. 4 the pension fund shall vest in and be administered by the board in such manner as may be specified in the pension scheme. 5 a scheme framed under the provision of subsection 1 may provide for all or any of the matters specified in the second schedule. 1. subs. by act 23 of , s. 5, for section 3e w.e.f. .

The Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948

section 1. of the coal mines provident fund and miscellaneous provisionsact : show related subordinates 11 this act may be called the coal mines provident fund and miscellaneous provisions act . 22 it extends to the whole of india 3 . 1. subs. by act 99 of , s. 3, for subsection 1 w.e.f. . 2. subs. by the a.o. , for subsection 2. 3. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. .

section 3d. of the coal mines provident fund and miscellaneous provisionsact : 13d. transfer of accounts.1 where any employee who is a subscriber to any provident fund of the coal mine in which he is employed becomes a member of the fund in accordance with the provisions of any coal mines provident fund scheme, the accumulations in the provident fund of the coal mine standing to the credit of the employees shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the scheme, be transferred, by such person and within such time as may be provided in the scheme, to the fund and shall be credited to the account of the employee in the fund. 2 where a member of the fund leaves his employment in a coal mine and obtains reemployment in any other establishment not being a coal mine to which the coal mines provident fund scheme applies and becomes a subscriber to any provident fund of that establishment, the amount of accumulations to the credit of such employee in the fund shall be transferred, within such time as may be specified by the central government in this behalf, to the credit of his account in the provident fund of the establishment in which he is reemployed, if the employee so desires and the rules in relation to that provident fund permit such transfer. 3 where any employee who is a subscriber to any provident fund of an establishment not being a coal mine to which the coal mines provident fund scheme applies leaves his employment in that establishment and obtains reemployment in a coalmine and becomes a member of the fund, the amount of accumulations to the credit 100 of such employee in the provident fund of the establishment left by him shall, if the employee so desires and the rules in relation to such provident fund so permit, be transferred to the credit of his account in the fund. 1. ins. by s. 4, ibid. w.e.f. .

section 3. of the coal mines provident fund and miscellaneous provisionsact : show related subordinates 1 the central government may, by notification in the official gazette, frame a scheme to be called the coal mines provident fund scheme a for the establishment of a provident fund for 1employees and specify the coal mines to which the said scheme shall apply. 21a the fund shall vest in, and be administered by, the board constituted under section 3a. 2 any scheme framed under the provisions of subsection 1 may provide for all or any of the matters specified in the first schedule. 1. subs. by act 80 of , s. 4, for employees in coal mines. 2. ins. by act 45 of , s. 3 w.e.f. .

section 3a. of the coal mines provident fund and miscellaneous provisionsact : show related subordinates 13a. constitution of board of trustees.1 the central government may, by notification in the official gazette, constitute, with effect from such date as may be specified therein, a board of trustees for the territories to which this act extends hereinafter in this act referred to as the board consisting of the following persons, namely: a a chairman appointed by the central government b the coal mines provident fund commissioner, ex officio c three persons appointed by the central government d not more than six persons representing governments of such states as the central government may specify in this behalf, from time to time, appointed by the central government e six persons representing employers, appointed by the central government after consultation with such organisations of employers as may be recognised by the central government in this behalf, and of whom at least one shall be a person who is not a member of any such organisation f six persons representing employees, appointed by the central government after consultation with such organisations of employees as may be recognised by the central government in this behalf and of whom at least one shall be an employee himself and at least one shall be a person who is not a member of any such organisation. 2 the terms and conditions subject to which a member of the board may be appointed and the time, place and procedure of the meetings of the board shall be such as may be provided for in the coal mines provident fund scheme. 3 the board shall 2, subject to the provisions of section 3e 3and section 3g, administer the fund fund vested in it in such manner as may be specified in the scheme aforesaid. 4 the board shall perform such other functions as it may be required to perform by or under any provisions of 4the coal mines provident fund scheme 5, the coal mines family pension scheme and the insurance scheme. 1. ins. by s. 4, ibid. w.e.f. . 2. ins. by act 16 of , s. 6 w.e.f. . 3. ins. by act 99 of , s. 5 w.e.f. . 4. subs. by act 16 of , s. 6, for the scheme aforesaid w.e.f. . 5. subs. by act 99 of , s. 5, for and the coal mines family pension scheme w.e.f. .

section 3f. of the coal mines provident fund and miscellaneous provisionsact : 13f. special grant by central government.the central government shall, after due appropriation made by parliament by law in this behalf, pay such further sums as may be determined by it into the family pension fund to meet all the expenses in connection with the administration of the coal mines family pension scheme other than the expenses towards the cost of any benefits provided by or under the said scheme. 1. subs. by act 23 of , s. 5, for section 3e w.e.f. .

section 3g. of the coal mines provident fund and miscellaneous provisionsact : 13g. coal mines depositlinked insurance scheme.1 the central government may, by notification in the official gazette, frame a scheme to be called the coal mines depositlinked insurance scheme for the purpose of providing life insurance benefits to such employees as are covered by the coal mines provident fund scheme. 2 there shall be established, as soon as may be after the framing of the insurance scheme, a depositlinked insurance fund into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer such amount, not being more than one per cent. of the aggregate of the basic wages, dearness allowance and retaining allowance if any for the time being payable in relation to such employee, as the central government may, be notification in the official gazette, specify. explanation.for the purposes of this subsection, a the expression basic wages has the meaning assigned to it in the employees provident funds and miscellaneous provisions act, 19 of b dearness allowance means all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living and shall be deemed to include also the cash value of any food concession allowed to the employee c retaining allowance means an allowance payable for the time being to an employee of any coal mine during any period in which the coal mine is not working, for retaining his services. 3 the central government shall after due appropriation made by parliament by law, contribute to the insurance fund in relation to each employee covered by the coal mines provident fund scheme, an amount representing one half of the contribution which an employer is required, by subsection 2, to make. 4 a the employer shall pay into the insurance fund such further sums of money, not exceeding onefourth of the contribution which he is required to make under subsection 2, as the central government, may from time to time, determine, to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under that scheme. b the central government shall, after due appropriation made by parliament by law, pay into the insurance fund such further sums of money representing onehalf of the sums payable by the employer under clause a, to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under that scheme. 5 the insurance fund shall vest in the board and shall be administered by the board in such manner as may be specified in the insurance scheme. 6 any scheme framed under the provisions of subsection 1 may provide for all or any of the matters specified in the third schedule. 1. ins. by act 99 of , s. 7 w.e.f. .

section 5.coal mines bonus schemes of the coal mines provident fund and miscellaneous provisionsact : 1 the central government may, by notification in the official gazette, frame a scheme to be called the coal mines bonus scheme for the payment of bonus to 1employees and specify the coal mines to which the said scheme shall apply. 2 a scheme framed under the provisions of subsection 1 may provide for all or any of the matters specified in the 2fourth schedule. 33 the employer shall pay the bonus in accordance with the scheme as aforesaid. 1. subs. by act 80 of , s. 4, for employees in coal mines. 2. subs. by act 99 of , s. 8, for third schedule w.e.f. . 3. ins. by act 45 of , s. 5 w.e.f. .

section 3b. of the coal mines provident fund and miscellaneous provisionsact : 13b. board of trustee to be a body corporate.the board of trustees constituted under section 3 a shall be a body corporate under the name specified in the notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued. 1. ins. by s. 4, ibid. w.e.f. .

section 4. of the coal mines provident fund and miscellaneous provisionsact : 14. fund to be recognised under act 43 of .for the purposes of the incometax act, , the fund shall be deemed to be a recognised provident fund within the meaning of part a of the fourth schedule to that act. 1. subs. by act 23 of , s. 6, for section 4 w.e.f. .

section 7.modification of a scheme of the coal mines provident fund and miscellaneous provisionsact : the central government may, by notification in the official gazette, add to, amend or vary, 1either prospectively or retrospectively a scheme framed under this act. 1. ins. by act 99 of , s. 9 w.e.f. .

section 2. of the coal mines provident fund and miscellaneous provisionsact : in this act, unless there is anything repugnant in the subject or context, a bonus means any sum of money payable to an 1employee under the coal mines bonus scheme framed under this act 2aa coal includes lignite 3b coal mine means any excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, and includes i all borings and bore holes ii all shafts, in or adjacent to and belonging to a coal mine, whether in the course of being sunk or not iii all levels and inclined planes in the course of being driven iv any open cast working or quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining coal has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground v all conveyors or aerial ropeways provided for the bringing into or removal from a coal mine of coal or other articles or for the removal of refuse therefrom vi all adits, levels, planes, machinery, works, railways, tramways and sidings, in or adjacent to and belonging to a coal mine vii all workshops situated within the precincts of a coal mine and under the same management and used for purposes connected with that coal mine or a number of coal mines under the same management viii any office of a coal mine ix all power stations for supplying electricity for the purpose of working the coal mine or a number of coal mines under the same management x any premises for the time being used for depositing refuse from a coal mine, or in which any operation in connection with such refuse is being carried on, being premises exclusively occupied by the employer of the coal mine xi all hospitals and canteens maintained for the benefit of the employees of a coal mine or a number of coal mines under the same management xii any coke oven or plant xiii any premises in or adjacent to and belonging to a coal mine, on which any plant or other machinery connected with a coal mine is situated or on which any process ancillary to the work of a coal mine is being carried on c contribution means the contribution payable in respect of a member under the coal mines provident fund scheme framed under this act of 4or the contribution payable in respect of an employee to whom the insurance scheme applies 5d employee means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with a coal mine, and who gets his wages directly or indirectly from the employer, and includes 1 any person employed by or through a contractor in or in connection with a coal mine, and 2 for the purposes of the coal mines provident fund scheme, also i any other person who is employed as a sanitary worker, mali, teacher or domestic servant in or in connection with a coal mine and who receives wages directly from the employer, and ii any apprentice or trainee who receives stipend or other remuneration from the employer. 6e employer, when used in relation to a coal mine, means any person who is the immediate proprietor or lessee or occupier of the coal mine or of any part thereof and in the case of a coal mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver and in the case of a coal mine owned by a company the business whereof is being carried on by a managing agent, such managing agent but does not include a person who merely receives a royalty, rent or fine from the coal mine, or is merely the proprietor of the coal mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the coal of the coal mine but any contractor for the working of a coal mine or any part thereof shall be subject to this act in like manner as if he were an employer, but not so as to exempt the employer from any liability 7 f fund means the provident fund established under the coal mines provident fund scheme 8 4fa insurance fund means the depositlinked insurance fund established under subsection 2 of section 3g fb insurance scheme means the coal mines depositlinked insurance scheme framed under subsection 1 of section g 9 10fc managing agent has the meaning assigned to it in the companies act, 1 of and g member means a member of the fund. 11h pension fund means the pension fund established under subsection 2 of section 3e i pension scheme means the coal mines pension scheme framed under subsection 1 of section 3e j superannuation, ,,in relation to an employee who is a member of the pension scheme, means the attainment, by the said employee, of such age as is fixed in the contract or conditions of service as the age on the attainment of which such employee shall vacate the employment. 1. subs. by act 80 of , s. 3, for employee in a coal mine. 2. ins. by act 45 of , s. 2 w.e.f. . 3. subs. by s. 2, ibid., for clause b w.e.f. . 4. ins. by act 99 of , s. 4 w.e.f. . 5. subs. by act 45 of , s. 2, for clause d w.e.f. . 6. subs. by s. 2, ibid., for clause e w.e.f. . 7. omitted by act 23 of , s. 3 w.e.f. . 8. the word and omitted by act 45 of , s. 2 w.e.f. . 9. ins. by s. 2, ibid. w.e.f. . 10. clause ff relettered as clause fc thereof by act 99 of , s. 4 w.e.f. . 11. ins. by act 23 of , s. 3 w.e.f. .

section 7a. schemes to be laid before parliament of the coal mines provident fund and miscellaneous provisionsact : 17a. schemes to be laid before parliament.every scheme made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 2two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. ins. by act 45 of , s. 6 w.e.f. . 2. subs. by act 99 of , s. 10, for certain words w.e.f. .

section 3c. of the coal mines provident fund and miscellaneous provisionsact : 13c. appointment of officers.1 the central government shall appoint a coal mines provident fund commissioner, who shall be the chief executive officer of the board and shall be subject to the general control and superintendence of the board. 2 the central government may also appoint as many other officers, whose minimum monthly salary in the scale of pay if any applicable to them is not less than four hundred rupees, as it may consider necessary to assist the coal mines provident fund commissioner in the discharge of his duties. 3 subject to the provisions of subsections 1 and 2, the board may appoint such other officers and employees as it may consider necessary for the efficient administration of the coal mines provident fund scheme, 2, the coal mines family pension scheme and the insurance scheme. 4 the method of recruitment, salary and allowance, discipline and other conditions of service of the coal mines provident fund commissioner shall be such as may be specified by the central government and such salary and allowances shall be paid out of the fund. 5 the method of recruitment, salary and allowances, discipline and other conditions of service of other officers and employees of the board shall be such as may be specified by the board with the approval of the central government. 1. ins. by s. 4, ibid. w.e.f. . 2. subs. by act 99 of , s. 6, for and the coal mines family pension scheme w.e.f. .

section 6. of the coal mines provident fund and miscellaneous provisionsact : a scheme framed under this act may provide that any of its provisions shall come into force either prospectively or retrospectively with effect from such date as may be specified in this behalf in the scheme.

section 7b. of the coal mines provident fund and miscellaneous provisionsact : 17b. determination of moneys due from employers.1 the coal mines provident fund commissioner or any other officer duly authorised in this behalf by the central government may, by order, determine the amount due from any employer under any provision of this act or of any scheme framed thereunder and for this purpose may conduct such enquiry as he may deem necessary. 2 the officer conducting the enquiry under subsection 1 shall, for the purpose of such enquiry, have the same powers as are vested in a court under the code of civil procedure, 5 of for trying a suit in respect of the following matters, namely: a enforcing the attendance of any person or examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavit d issuing commissions for the examination of witnesses and any such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of . 3 no order determining the amount due from any employer shall be made under subsection 1 unless the employer is given a reasonable opportunity of representing his case. 4 an order made under this section shall be final and shall not be questioned in any court of law. 1. ins. by act 45 of , s. 6 w.e.f. .

section 10c.delegation of powers of the coal mines provident fund and miscellaneous provisionsact : 110c. delegation of powers.1 the central government may, by notification in the official gazette, direct that any power exercisable by it under this act or any scheme framed thereunder shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by the coal mines provident fund commissioner or any officer authorised in this behalf by the central government. 2 the board may delegate to its chairman or the coal mines provident fund commissioner or any other officer or the board, subject to such conditions and limitations, if any, as the board may specify, such of the powers and functions of the board under this act or any scheme framed thereunder, as the board may deem necessary for the efficient administration of any scheme framed under this act. 1. ins. by s. 10, ibid. w.e.f. .

section 8. protection against attachment of the coal mines provident fund and miscellaneous provisionsact : 1 the amount of provident fund standing to the credit of any member in the fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member and neither the official assignee nor any receiver appointed under the provincial insolvency act, 5 of , shall be entitled to, or have any claim on, any such amount. 2 any amount standing to the credit of any member in the fund at the time of his death and payable to his nominee under the coal mines provident fund scheme shall, subject to any deduction authorized by the said scheme, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or incurred by the nominee before the death of the member. 13 the provisions of subsection 1 and subsection 2 shall, so far as may be, apply in relation to the family pension or any other amount payable under the coal mines family pension scheme 2and also in relation to any amount payable under the insurance scheme as they apply in relation to any amount payable out of the fund. 1. ins. by act 16 of , s. 10 w.e.f. . 1. ins. by act 99 of , s. 11 w.e.f.

section 10d. payment of contribution by employers and recovery thereof from members of the coal mines provident fund and miscellaneous provisionsact : 110d. payment of contribution by employers and recovery thereof from members.1 the contribution shall be payable by the employer hereinafter referred to as the employers contribution and by the employee hereinafter referred to as the employees contribution at such rate as may be specified in the coal mines provident fund scheme, and the employer shall pay the employers contribution as well as the employees contribution, whether or not he has recovered from any employee the employees share of the contribution. 2 the amount of any contribution paid by the employer on behalf of a member shall, notwithstanding anything to the contrary contained in any other law for the time being in force or any contract, be recoverable by means of deduction from the wages of the member and not otherwise. 3 save as otherwise provided in the coal mines provident fund scheme, no deduction under subsection 2 shall be made from any wages other than such as are paid in respect of the period for which the contribution is payable. 4 notwithstanding any contract to the contrary, the employer shall not be entitled to deduct the employers contribution or the charges referred to in section 10a from the wages of a member or otherwise to recover such contribution or charges from such member. 1. ins. by s. 10, ibid. w.e.f. .

section 9. of the coal mines provident fund and miscellaneous provisionsact : 11 if any person a contravenes any provisions of this act or of any scheme framed thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both b who has been convicted of any offence punishable is aforesaid, is again guilty of any such offence within a period of two years from the date of the previous conviction, he shall be punishable on conviction with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. 2 no court shall take cognizance of any offence punishable under 2subsection 1 except on a report in writing of the facts constituting such offence made by an inspector with the previous sanction of such authority as may be specified in this behalf by the central government. 33 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under subsection 1. 1. subs. by act 45 of , s. 7, for subsection 1 w.e.f. . 2. subs. by s. 7, ibid., for any such scheme w.e.f. . 3. ins. by s. 7, ibid. w.e.f. .

section 10a.mode of recovery of money due from an employer of the coal mines provident fund and miscellaneous provisionsact : 110a, mode of recovery of money due from an employer.any amount due from an employer in in respect of any contribution or bonus under any scheme framed under this act 2or any accumulations required to be transferred under subsection 1 or subsection 3 of section 3d or any damages recoverable under section 10f or any charges payable by the employer under this act in respect of the administration of any such scheme may be recovered by the central government in the same manner as an arrear of land revenue. 1. ins. by act 21 of , s. 2. 2. ins. by act 45 of , s. 9 w.e.f. .

section 10b. of the coal mines provident fund and miscellaneous provisionsact : 110b. determination of employer in certain cases.1 where the employer is a firm or other association of individuals, all, or any of the partners or members thereof, or where the employer is a company, all or any of the directors thereof, may be prosecuted and punished under this act for any offence for which the employer is punishable: provided that where a firm, association or company has given notice in writing to the coal mines provident fund commissioner or any officer specified by the central government in this behalf that it has nominated, a in the case of a firm, any of its partners, b in the case of an association, any of its members, c in the case of a company, any of its directors, who is resident in each case in any place to which this act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in, such firm, association or company, to assume the responsibility of the employer for the purposes of this act or of any scheme framed thereunder, such partner, member or director, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the employer for the purposes of this act or any scheme framed thereunder, unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member or director, as the case may be, is received by the coal mines provident fund commissioner or any officer specified by the central government in this behalf. 2 where the employer is a government or any local authority, all or any of the officers or persons authorised by such government or local authority, as the case may be, to manage the affairs of the coal mine, shall, notwithstanding anything to the contrary contained in any law or contract for the time being in force, be deemed to be the employers or employer in respect of the coal mine and may be prosecuted and punished under this act for any offence for which the employer is punishable. 1. ins. by s. 10, ibid. w.e.f. .

section 10.inspectors of the coal mines provident fund and miscellaneous provisionsact : 1 the central government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of the coal mines provident fund scheme 1or the insurance scheme or the coal mines bonus scheme and may define their jurisdiction. 2 an inspector may, in respect of any coal mine within his jurisdiction, 2a require an employer or any contractor from whom any amount is recoverable under section 10e i to furnish such information, or ii to produce in the office of the inspector or such other place as may be nearer to the employer or, as the case may be, the contractor, such accounts, books, registers and other documents, relating to the employment of persons in a coal mine as the inspector may consider necessary for the purposes of any scheme framed under this act b at any reasonable time 3and with such assistance, if any, as he may think fit, enter and search any coal mine and require any one found in charge thereof to produce before him such accounts, books, registers and other documents relating to the employment of persons in the coal mine as he may consider necessary c examine, with respect to any matter relevant to any of the purposes aforesaid, the employer 4or any contractor from whom any amount is recoverable under section 10e, his agent or servant or any other person found in charge of the coal mine 5 or whom the inspector has reasonable cause to believe to be or to have been an employee in the coal mine. 4d make copies of, or take extracts from, any accounts, books, registers or other documents maintained in relation to a coal mine and where he has reason to believe that any offence under this act has been committed by an employer or contractor, seize with such assistance as he may think fit, such accounts, books, registers or other documents or portions thereof as he may consider relevant in respect of that offence e exercise such other powers as any such scheme may provide. 42a every person required to furnish any information or produce any document under clause a or clause b of subsection 2 shall be deemed to be legally bound to do so within the meaning of section 175 of the indian penal code 45 of . 2b the provisions of the 6code of criminal procedure, , 2 of shall, so far as may be, apply to any search or seizure under subsection 2 as they apply to any search or seizure made under the authority of a warrant issued under 6section 94 of the said code. 3 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 45 of . 1. ins. by act 99 of , s. 12 w.e.f. . 2. subs. by act 45 of , s. 8, for clause a w.e.f. . 3. subs. by s. 8, ibid., for enter any coal mine or its office w.e.f. . 4. ins. by s. 8, ibid. w.e.f. . 5. the words or its office omitted by s. 8, ibid. w.e.f. . 6. subs. by act 23 of , s. 7, for certain words w.e.f. .

section 11c.power to exempt of the coal mines provident fund and miscellaneous provisionsact : 111c. power to exempt.1 the central government may, if requested so to do by the employer, by notification in the official gazette, and subject to such conditions as may be specified in the notification, exempt any coal mine from the operation of all or any of the provisions of the insurance scheme, if it is satisfied that the employees of such coal mine are without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether linked to their deposits in provident fund or not, and such benefits are more favourable to such employees than the benefits admissible under the insurance scheme. 2 without prejudice to the provisions of subsection 1, the insurance scheme may provide for the exemption of any person or class of persons employed in any coal mine and covered by that scheme from the operation of all any of the provisions thereof, if the benefits in the nature of life insurance admissible to such person or class of persons are more favourable than the benefits provided under the insurance scheme. 3 where in respect of any person or class of persons employed in any coal mine, an exemption is granted under this section from the operation of all or any of the provisions of the insurance scheme whether such exemption is granted to the coal mine wherein such person or class of persons is employed or to the person or class of persons as such, the employer in relation to such coal mine a shall, in relation to the benefits in the nature of life insurance, to which any such person or class of persons is entitled, or any insurance fund, maintain such accounts, submit such returns, make such investment, provide for such facilities for inspection and pay such inspection charges, as the central government may direct b shall not, at any time after the exemption without the leave of the central government, reduce the total quantum of benefits in the nature of life insurance to which any such person or class of persons was entitled immediately before the date of the exemption and c shall, where any such person leaves his employment and obtains reemployment in any other coal mine transfer within such time as may be specified in this behalf by the central government, the amount of accumulations to the credit of that person in the insurance fund of the coal mine left by him to the credit of that persons account in the insurance fund of the coal mine in which he is reemployed or, as the case may be, in the depositlinked insurance fund. explanation.for the purposes of this subsection insurance fund means any fund established by an employer under any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in provident fund or not, without payment by the employees of any separate contribution or premium in that behalf. 4 any exemption granted under this section may be cancelled by the authority which granted it, by order in writing, if an employer fails to comply a in the case of an exemption granted under subsection 1 with any of the conditions imposed under that subsection or with any of the provisions of subsection 3 b in the case of an exemption granted under subsection 2, with any of the provisions of subsection 3. 5 where any exemption granted under subsection 1 or subsection 2 is cancelled, the amount of accumulations to the credit of every employee to whom such exemption applied, in the insurance fund of the coal mine in which he is employed shall be transferred within such time and in such manner as may be specified in the insurance scheme to the credit of his account in the insurance fund. 1. ins. by act 99 of , s. 14 w.e.f. .

section 10e. of the coal mines provident fund and miscellaneous provisionsact : 110e. recovery of monies by employers and contractors.1 2the amount of contribution that is to say the employers contribution as well as the employees contribution in pursuance of the coal mines provident fund scheme and the employers contribution in pursuance of the insurance scheme and any charges referred to in section 10a paid or payable by an employer in respect of an employee employed by or through a contractor and any bonus paid or payable under any coal mines bonus scheme in respect of any such employee may be recovered by such employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor. 2 a contractor from whom the amounts mentioned in subsection 1 may be recovered in respect of any employee employed by or through him may, save as otherwise provided in the coal mines provident fund scheme, recover from such employee the employees contribution under any such scheme by deduction from the wages payable to the employee subject to the condition that no such deduction shall be made from any wages other than such as are payable in respect of the period to which the employees contribution relates. 3 notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employers contribution or the charges or bonus referred to in subsection 1 from the amount payable to an employee employed by or through him or otherwise to recover such contribution or charges or bonus from such employee. 1. ins. by s. 10, ibid. w.e.f. . 2. subs. by act 99 of , s. 13, for certain words and brackets w.e.f. .

section 12. of the coal mines provident fund and miscellaneous provisionsact : 1 the coal mines provident fund and bonus schemes ordinance, , is hereby repealed. 2 notwithstanding any such repeal, anything done or any action taken in exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this act, as if this act had commenced on the 23rd day of april, .

section 10f. of the coal mines provident fund and miscellaneous provisionsact : 110f. power to recover damages.where an employer makes default in the payment of any contribution or bonus or any charges payable by him under any scheme framed under this act, or where any person who is required to transfer provident fund accumulations in accordance with the provisions of section 3d makes default in the transfer of such accumulations, the central government may recover from such employer or person, as the case may be, such damages, not exceeding twentyfive per cent of the amount of arrears, as it may think fit to impose. 1. ins. by s. 10, ibid. w.e.f. .

section 11. priority of payment of contributions and bonus over other debts of the coal mines provident fund and miscellaneous provisionsact : the amount due in respect of any contribution or bonus under a scheme framed under this act or any charges incurred in respect of the administration of any such scheme, shall, where the liability therefore has accrued before the persons liable has been adjudicated insolvent or, in the case of a company ordered to be wound up, before the date of such order, be deemed to be included among the debts which, under section 49 of the presidencytowns insolvency act, 3 of , or under section 61 of the provincial insolvency act, 5 of , or under section 230 of the 1companies act, 1 of , are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of a company being wound up, as the case may be. 1. subs. by act 23 of , s. 8, for certain words w.e.f. .

section 11a. of the coal mines provident fund and miscellaneous provisionsact : 111a. protection for acts done in good faith.no suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this act or under any schemes framed thereunder. 1. ins. by act 80 of , s. 5.

section 11b. power to remove difficulties of the coal mines provident fund and miscellaneous provisionsact : 111b. power to remove difficulties.if any difficulty arises in giving effect to the provisions of this act or any scheme framed thereunder the central government may, by order published in the official gazette, make such provision or give such direction not inconsistent with the purposes of this act, as it appears to it to be necessary or expedient for removing the difficulty. 1. ins. by act 45 of , s. 11 w.e.f. .

section 11d. of the coal mines provident fund and miscellaneous provisionsact : 111d. act to have effect notwithstanding anything contained in act 31 of .the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the life insurance corporation act, . 1. ins. by act 99 of , s. 14 w.e.f. .

section 8. of the postgraduate institute of medical education and research chandigarh act : the president and other members shall receive such allowances, if any, from the institute as may be prescribed by rules.

The Post-Graduate Institute of Medical Education and Research, Chandigarh, Act 1966

section 1. of the postgraduate institute of medical education and research chandigarh act : 1 this act may be called the postgraduate institute of medical education and research, chandigarh, act . 2 it shall come into force on such date 1as the central government may, by notification in the official gazette, appoint. 1 1st april, , vide notification no. s.o. e, dated 29th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the postgraduate institute of medical education and research chandigarh act : 1 there shall be a president of the institute who shall be nominated by the central government from among the members other than the director of the institute. 2 the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribed by rules or regulations.

section 2. of the postgraduate institute of medical education and research chandigarh act : whereas the objects of the institution known as the postgraduate institute of medical education and research, chandigarh in the union territory of chandigarh are such as lo make the institution one of national importance, it is hereby declared that the institution known as the postgraduate institute of medical education and research, chandigarh is an institution of national importance.

section 4. of the postgraduate institute of medical education and research chandigarh act : the postgraduate institute of medical education and research, chandigarh, is hereby constituted a body corporate by the name aforesaid and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract and shall, by that name, sue and be sued.

section 9. of the postgraduate institute of medical education and research chandigarh act : the institute shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government and thereafter the institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations.

section 11. of the postgraduate institute of medical education and research chandigarh act : 1 there shall be a chief executive officer of the institute who shall be designated as the director of the institute and shall, subject to such rules as may be made by the central government in this behalf, be appointed by the institute: provided that the first director of the institute shall be appointed by the central government. 31a the director shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier: provided that any person holding office as a director immediately before the commencement of the allindia institute of medical sciences and the pastgraduate institute of medical education and research amendment act, 42 of , shall in so far as his appointment is inconsistent with the provisions of this subsection, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of his office or of any contract of service. 2 the director shall act as the secretary to the institute as well as the governing body. 3 the director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the institute or the president of the institute or by the governing body or the chairman of the governing body. 4 subject to such rules as may be made by the central government in this behalf, the institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees. 5 subject to such rules as may be made by the central government in this behalf, the director and other officers and employees of the institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed by regulations made in this behalf. 1. ins. by act 42 of , s. 3 w.e.f. .

section 3. of the postgraduate institute of medical education and research chandigarh act : in this act, unless the context otherwise requires, a fund means the fund of the institute referred to in section 16 b governing body means the governing body of the institute c institute means the institution known as the postgraduate institute of medical education and research, chandigarh, incorporated under this act d member means a member of the institute e regulation means a regulation made by the institute f rule means a rule made by the central government.

section 12. of the postgraduate institute of medical education and research chandigarh act : the objects of the institute shall be a to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches so as to demonstrate a high standard of medical education. b to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity and c to attain selfsufficiency in postgraduate medical education to meet the countrys needs for specialists and medical teachers.

section 5. of the postgraduate institute of medical education and research chandigarh act : the institute shall consist of the following members, namely: a the vicechancellor of the punjab university, ex officio b the directorgeneral of health services, government of india, ex officio c the director of the institute, ex officio d three representatives of the central government to be nominated by that government, one each from the ministry of finance, ministry of education and ministry of health and family planning e seven persons of whom one shall be a nonmedical scientist representing the indian science congress association, to be nominated by the central government f four representatives of the medical faculties of indian universities to be nominated by the central government in the manner prescribed by rules and g three members of parliament of whom two shall be elected from among themselves by the members of the house of the people lok sabha and one from among themselves by the members of the council of slates rajya sabha.

section 14. of the postgraduate institute of medical education and research chandigarh act : the properties of the institute which had, by virtue of the punjab reorganisation act, 31 of , vested in the central government shall, on the commencement of this act, vest in the institute.

section 6. of the postgraduate institute of medical education and research chandigarh act : 1 save as otherwise provided in this section, the term of office of a member shall be five years from the date of his nomination or election. 2 the term of office of a member elected under clause g of section 5 shall come to an end as soon as he 1becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states, or ceases to be a member of the house from which he was elected. 3 the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member. 4 the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. 5 an outgoing member other than a member elected under clause g of section 5 shall unless the central government otherwise directs, continue in office until another person is nominated as a member in his place. 6 an outgoing member shall be eligible for renomination or reelection. 7 a member may resign his office by writing under his hand addressed to the central government but he shall continue in office until his resignation is accepted by that government. 8 the manner of filling vacancies among members shall be such as may be prescribed by rules. 1. ins. by act 18 of , s. 2 w.e.f. .

section 16. of the postgraduate institute of medical education and research chandigarh act : 1 the institute shall maintain a fund to which shall he credited a all moneys provided by the central government b all fees and other charges received by the institute c all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and d all moneys received by the institute in any other manner or from any other source. 2 all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide. 3 the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 13.

section 10. of the postgraduate institute of medical education and research chandigarh act : 1 there shall be a governing body of the institute which shall be constituted by the institute in such manner as may be prescribed by regulations: provided that the number of persons who are not members of the institute shall not exceed onethird of the total membership of the governing body. 2 the governing body shall be the executive committee of the institute and shall exercise such powers and discharge such functions as the institute may, by regulations made in this behalf, confer or impose upon it. 3 the president of the institute shall be the chairman of the governing body and as chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. 4 the procedure to be followed in the exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among, the members of the governing body shall be such as may be prescribed by regulations. 5 subject to such control and restrictions as may be prescribed by rules, the institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the institute or for inquiring into, or reporting or advising upon, any matter which the institute may refer to them. 6 the chairman and members of the governing body and the chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations.

section 18. of the postgraduate institute of medical education and research chandigarh act : 1 the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as the central government may by rules prescribe, and in accordance with such general directions as may be issued by that government, in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the institute shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute as well as of the institutions established and maintained by it. 4 the accounts of the institute as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 13. of the postgraduate institute of medical education and research chandigarh act : with a view to the promotion of the objects specified in section 12, the institute may a provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences b provide facilities for research in the various branches of such sciences c provide for the teaching of humanities d conduct experiments in new methods of medical education, both undergraduate and postgraduate, in order to arrive at satisfactory standards of such education e prescribe courses and curricula for both undergraduate and postgraduate studies f notwithstanding anything contained in any other law for the time being in force, establish and maintain i one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only undergraduate medical education but also postgraduate medical education in different subjects, ii one or more wellequipped hospitals, iii a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary, iv a nursing college sufficiently staffed and equipped for the training of nurses, v rural and urban health organisations which will form centres for the field training of the medical, dental and nursing students of the institute as well as for research into community health problems, and vi other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists, pharmacists, drug analysts and medical technicians of various kinds g train teachers for the different medical colleges in india h hold examinations and grant such degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate medical education as may be laid down in the regulations i institute, and appoint persons to, professorships, readerships, lecturerships and posts of any description in accordance with regulations j receive grants from the government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be k deal with any property belonging to, or vested in, the institute in any manner which is considered necessary for promoting the objects specified in section 12 l demand and receive such fees and other charges as may be prescribed by regulations 4m construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf n borrow money, with the prior approval of the central government, on the security of the property of the institute 5o do all such other acts and things as may be necessary to further the objects specified in section 12. 1. ins. by act 30 of , s. 3 w.e.f. . 2. clause m relettered as clause o thereof by s. 3, ibid. w.e.f. .

section 20. of the postgraduate institute of medical education and research chandigarh act : 1 the institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. 2 where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund as if it were a government provident fund.

section 15. of the postgraduate institute of medical education and research chandigarh act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functions under this act.

section 22. of the postgraduate institute of medical education and research chandigarh act : no act done or proceeding taken by the institute, governing body or any standing or ad hoc committee under this act shall be questioned on the ground merely of the existence of any vacancy in or defect in the constitution of the institute, governing body or such standing or ad hoc committee.

section 17. of the postgraduate institute of medical education and research chandigarh act : the institute shall prepare in such form and at such time every year as may be prescribed by rules a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may he prescribed by rules.

section 19. of the postgraduate institute of medical education and research chandigarh act : the institute shall prepare for every year a report of its activities during that year and submit the report to the central government in such form and on or before such date as may be prescribed by rules and a copy of this report shall be laid before both houses of parliament within one month of its receipt.

section 21. of the postgraduate institute of medical education and research chandigarh act : all orders and decisions of the institute shall be authenticated by the signature of the president or any other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of the director or any other officer of the institute authorised in like manner in this behalf.

section 23., by institute. of the postgraduate institute of medical education and research chandigarh act : 123. grant of medical degrees, diplomas, etc., by institute.notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this act. 1. section 23 shall stand substituted date to be notified by act 3 of , s. 2 to read as under: 23. grant of medical, dental or nursing degrees, diplomas, etc., by the institute. notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and titles under this act..

section 24. of the postgraduate institute of medical education and research chandigarh act : 124. recognition of medical qualifications granted by institute.notwithstanding anything contained in the indian medical council act, of , the medical degrees and diplomas granted by the institute under this act shall be recognised medical qualifications for the purposes of that act and shall be deemed to be included in the first schedule to that act. 1. section 24 shall stand substituted date to be notified by s. 3, ibid., to read us under: 24. recognition of medical, dental and nursing qualifications granted by the institute. notwithstanding anything contained in the indian medical council act, of , the dentists act, 16 of and the indian nursing council act, 48 of , the medical dental or nursing degrees or diplomas, as the case may be, granted by the institute under this act shall be recognised a medical qualifications for the purpose of the indian medical council act, and shall be deemed to be included in the first schedule to that act b dental qualifications for the purpose of the dentists act, and shall be deemed to be included in the schedule to that act and c nursing qualifications for the purpose of the indian nursing council act, and shall be deemed to be included in the schedule to that act..

section 25. of the postgraduate institute of medical education and research chandigarh act : the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 26. of the postgraduate institute of medical education and research chandigarh act : if in, or in connection with, the exercise of its powers and discharge of its functions by the institute under this act, any dispute arises between the institute and the central government, the decision of the central government on such dispute shall be final.

section 27. of the postgraduate institute of medical education and research chandigarh act : the institute shall furnish to the central government such reports, returns and other information as that government may require from time to time.

section 30. of the postgraduate institute of medical education and research chandigarh act : if any difficulty arises in giving effect to the provisions of this act, the central government may, within a period of three years from the commencement of this act, by order published in the official gazelle, make such provision or give such directions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty.

section 28. of the postgraduate institute of medical education and research chandigarh act : subject to the provisions of this act, every person who is employed in the postgraduate institute of medical education and research, chandigarh immediately before the commencement of this act, shall, on and from such commencement, become an employee of the institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same on the date of commencement of this act if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 29. of the postgraduate institute of medical education and research chandigarh act : the institute shall continue to provide facilities to the governments of the states of haryana and punjab and the central government in relation to the union territories of chandigarh and himachal pradesh and the people of the states and territories aforesaid and such facilities shall not, in any respect, be less favourable to such governments and people than what were being provided to them before the 1st day of november, and shall be made available for such period and upon such terms and conditions including those relating to any contributions to be made for the provision of such facilities as may be agreed upon between the institute, governments of the states of haryana and punjab and the central government before the1st day of april, , or if no agreement is reached by the said date, as may be fixed by order of the central government.

section 32. of the postgraduate institute of medical education and research chandigarh act : show related subordinates 1 the institute 1, with the previous approval of the central government, may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for a the summoning and holding of meetings, other than the first meeting of the institute, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum b the manner of constituting the governing body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies among, the members of, the governing body and standing and ad hoc committees c the powers and functions to be exercised and discharged by the president of the institute and the chairman of the governing body d the allowances, if any, to be paid to the chairman and the members of the governing body and of standing and ad hoc committees e the procedure to be followed by the governing body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions f the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institute including teachers appointed by the institute g the powers and duties of the chairman of the governing body h the powers and duties of the director and other officers and employees of the institute i the management of the properties of the institute j the degrees, diplomas and other academic distinctions and titles which may be granted by the institute k the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts l the fees and other charges which may be demanded and received by the institute m the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the institute n any other matter for which under this act provisions may be made by regulations. 2 notwithstanding anything contained in subsection 1, the first regulations under this act shall be made by the central government and any regulations so made may be altered or rescinded by the institute in exercise of its powers under subsection 1. 2 3 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by s. 2 and the schedule, ibid., for may, with the previous approval of the central government w.e.f. . 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 31. of the postgraduate institute of medical education and research chandigarh act : show related subordinates 1 the central government, after consultation with the institute, may, by notification in the official gazette, make rules to carry out the purposes of this act: provided that consultation with the institute shall not be necessary on the first occasion of the making of rules under this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendment of such rules after they are made. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of nomination of members under clause f of section 5 b the control and restrictions in relation to the constitution of standing and ad hoc committees under subsection 5 of section 10 c the conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, members of the institute d the powers and functions to be exercised and discharged by the president of the institute e the allowances, if any, to be paid to the president and other members of the institute f the number of officers and employees that may be appointed by the institute and the manner of such appointment g the form in which, and the time at which, the budgets and reports shall be prepared by the institute and the number of copies thereof to be forwarded to the central government h the form and manner in which returns and information are to be furnished by the institute to the central government i any other matter which has to be or may be prescribed by rules. 3 every rule made under this section, shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for in two successive sessions and if, before the expiry of the session immediately following w.e.f. .

section 8. of the motor transport workers act : 1 the state government may make rules requiring that in every place wherein one hundred motor transport workers or more employed in a motor transport undertaking ordinarily call on duty during every day, one or more canteens shall be provided and maintained by the employer for the use of the motor transport workers. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the date by which the canteens shall be provided b the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens c the foodstuffs which may be served therein and the charges which may be made therefore d the constitution of a managing committee for a canteen and the representation of the motor transport workers in the management of the canteen. 3 the state government may, subject to such conditions as it may impose, delegate to the chief inspector the power to make rules with reference to clause c of subsection 2.

section 1. of the motor transport workers act : 1 this act may be called the motor transport workers act, . 2 it extends to the whole of india 1 . 3 it shall come into force on such date2 not being later than the 31st day of march, , as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states. 3provided that it shall come into force in the state of jammu and kashmir on the commencement of the central labour laws extension to jammu and kashmir act, . 4 it applies to every motor transport undertaking employing five or more motor transport workers: provided that the state government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply all or any of the provisions of this act to any motor transport undertaking employing less than five motor transport workers. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 2. the act has been brought into force as follows: 26th january, , vide notification no. s.o. 296, dated 23th january, , see gazette of india, extraordinary, part ii, sec. 3ii, in madhya pradesh. 1st february, , vide notification no. s.o. 296, dated 23th january, , see gazette of india, extraordinary, part ii, sec. 3ii, in assam, kerala, mysore, orissa, punjab, andaman nicobar iclands, delhi and himachal pradesh. 1st march, , vide notification no. s.o. 296, dated 23th january, , see gazette of india, extraordinary, part ii, sec. 3ii, in west bengal. 31st march, , vide notification no. s.o. 296, dated 23th january, , see gazette of india, extraordinary, part ii, sec. 3ii, in madras, maharashtra and uttar pradesh. 1st february, , vide notification no. s.o. 310, dated 30th january, , see gazette of india, extraordinary, part ii, sec. 3ii, in andhra pradesh. 1st february, , vide notification no. s.o. 382, dated 31st january, , see gazette of india, extraordinary, part ii, sec. 3ii, in rajasthan. 15th february, , vide notification no. s.o. 468, dated 9th february, , see gazette of india, extraordinary, part ii, sec. 3ii, in tripura. 1st march, , vide notification no. s.o. 573, dated 16th february, , see gazette of india, extraordinary, part ii, sec. 3ii, in bihar. 31st march, , vide notification no. s.o. 781, dated 9th march, , see gazette of india, extraordinary, part ii, sec. 3ii, in gujarat and manipur. 3. the proviso added by s. 2 and the schedule, ibid. w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the motor transport workers act : in this act, unless the context otherwise requires, a adolescent means a person who has completed his 1fourteenth year but has not completed his eighteenth year b adult means a person who has completed his eighteenth year c child means a person who has not completed his 2fourteenth year d day means a period of twentyfour hours beginning at midnight: provided that where a motor transport workers duty commences before midnight but extends beyond midnight, the following day for him shall be deemed to be the period of twentyfour hours beginning when such duty ends, and the hours he has worked after midnight shall be counted in the previous day e employer means, in relation to any motor transport undertaking, the person who, or the authority which, has the ultimate control over the affairs of the motor transport undertaking, and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent or by any other name, such other person f hours of work means the time during which a motor transport worker is at the disposal of the employer or of any other person entitled to claim his services and includes i the time spent in work done during the running time of the transport vehicle ii the time spent in subsidiary work and iii periods of mere attendance at terminals of less than fifteen minutes explanation.for the purposes of this clause 1 running time in relation to a working day means the time from the moment a transport vehicle starts functioning at the beginning of the working day until the moment when the transport vehicle ceases to function at the end of the working day, excluding any time during which the running of the transport vehicle is interrupted for a period exceeding such duration as may be prescribed during which period the persons who drive, or perform any other work in connection with the transport vehicle are free to dispose of their time as they please or are engaged in subsidiary work 2 subsidiary work means work in connection with a transport vehicle, its passengers or its load which is done outside the running time of the transport vehicle, including in particular i work in connection with accounts, the paying in of cash, the signing of registers, the handing in of service sheets, the checking of tickets and other similar work ii the taking over and garaging of the transport vehicle iii travelling from the place where a person signs on to the place where he takes over the transport vehicle and from the place where he leaves the transport vehicle to the place where he signs off iv work in connection with the upkeep and repair of the transport vehicle and v the loading and unloading of the transport vehicle 3 period of mere attendance means the period during which a person remains at his post solely in order to reply to possible calls or to resume action at the time fixed in the duty schedule g motor transport undertaking means a motor transport undertaking engaged in carrying passengers or goods or both by road for hire or reward, and includes a private carrier h motor transport worker means a person who is employed in a motor transport undertaking directly or through an agency, whether for wages or not, to work in a professional capacity on a transport vehicle or to attend to duties in connection with the arrival, departure, loading or unloading of such transport vehicle and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, timekeeper, watchman or attendant, but except in section 8 does not include i any such person who is employed in a factory as defined in the factories act, 63 of ii any such person to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply i prescribed means prescribed by rules made under this act j qualified medical practitioner means a person having a certificate granted by an authority specified in the schedule to the indian medical degrees act, 7 of , or notified under section 3 of that act or specified in the schedules to the indian medical council act, of , and includes any person having a certificate granted under any provincial or state medical council act k spreadover means the period between the commencement of duty on any day and the termination of duty on that day l wages has the meaning assigned to it in clause vi of section 2 of the payment of wages act, 4 of m week means the period between midnight on saturday night and midnight on the succeeding saturday night n all other words and expressions used but not defined in this act and defined in the motor vehicles act, 1 of , shall have the meanings respectively assigned to them in that act. 1. subs. by act 61 of , s. 25, for fifteenth w.e.f. . 2. subs. by act 61 of , s. 25, for fifteenth w.e.f. .

section 7. of the motor transport workers act : 1 the state government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this act within such local limits or for such motor transport undertakings or class of motor transport undertakings as it may assign to them respectively. 2 the certifying surgeon shall perform such duties as may be prescribed in connection with a the examination and certification of motor transport workers b the exercise of such medical supervision as may be prescribed where adolescents are, or are to be, employed as motor transport workers in any work in any motor transport undertaking which is likely to cause injury to their health.

section 3. of the motor transport workers act : 1 every employer of a motor transport undertaking to which this act applies shall have the undertaking registered under this act. 2 an application for the registration of a motor transport undertaking shall be made by the employer to the prescribed authority in such form and within such time as may be prescribed. 3 where a motor transport undertaking is registered under this act, there shall be issued to the employer a certificate of registration containing such particulars as may be prescribed. state amendment uttar pradesh amendment of section 3 of act no. 27 of . in section 3 of the motor transport workers act, , hereinafter referred to as the principal act, after subsection 3, the following subsection shall be inserted, namely: 4 on submission of application in all respect the registering officer shall grant or refuse to grant registration within one day after the date of submission of application in such manner as may be prescribed by the state government on expiry of the said period the registration shall be deemed to be granted. the applicant may submit his application on departmental web portal along with necessary documents and payment of fee. if the application is complete in all respect and the applicant is eligible, automatic registration shall be granted by the web portal and registration certificate be sent through email: provided that if the registration is obtained by misrepresentation of fact or concealment of fact or on the basis of forged document then such registration shall be deemed null and void and may be cancelled by the registering officer and legal action shall be taken against applicant. vide uttar pradesh act 12 of , s. 2

section 9. of the motor transport workers act : 1 in every place wherein motor transport workers employed in a motor transport undertaking are required to halt at night, there shall be provided and maintained by the employer for the use of those motor transport workers such number of rest rooms or such other suitable alternative accommodation, as may be prescribed. 2 the rest rooms or the alternative accommodation to be provided under subsection 1 shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition. 3 the state government may prescribe the standards in respect of construction, accommodation, furniture and other equipment of rest rooms or the alternative accommodation to be provided under this section.

section 5. of the motor transport workers act : 1 subject to such conditions and restrictions as the state government may by general or special order impose, the chief inspector or an inspector may a make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or rules made thereunder are being observed in the case of any motor transport undertaking, and for that purpose require the driver of a transport vehicle to cause the transport vehicle to stop and remain stationary so long as may reasonably be necessary b with such assistance, if any, as he thinks fit, enter, inspect and search any premises which he has reason to believe is under use or occupation of any motor transport undertaking at any reasonable time for the purpose of carrying out the objects of this act c examine any motor transport worker employed in a motor transport undertaking or require the production of any register or other document maintained in pursuance of this act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this act d seize or take copy of such registers or documents or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by an employer e exercise such other powers as may be prescribed: provided that no person shall be compelled under this subsection to answer any question or make any statement tending to incriminate himself. 2 the provisions of the code of criminal procedure, 5 of , shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code.

section 6. of the motor transport workers act : every employer shall afford the chief inspector and an inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this act.

section 10. of the motor transport workers act : 1 the state government may, by notification in the official gazette, make rules requiring an employer of a motor transport undertaking to provide for the drivers, conductors and line checking staff employed in that undertaking such number and type of uniforms, raincoats or other like amenities for their protection from rain or cold as may be specified in the rules. 2 there shall be paid to the drivers, conductors and line checking staff by the employer an allowance for washing of uniforms provided under subsection 1 at such rates as may be prescribed: provided that no such allowance shall be payable by an employer who has made at his own cost adequate arrangements for the washing of uniforms.

section 4. of the motor transport workers act : 1 the state government may, by notification in the official gazette, appoint for the state a duly qualified person to be the chief inspector and as many duly qualified persons to be inspectors subordinate to the chief inspector as it thinks fit. 2 the chief inspector may declare the local limits within which inspectors shall exercise their powers under this act, and may himself exercise the powers of an inspector within such local limits as may be assigned to him by the state government. 3 the chief inspector and all inspectors shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 11. of the motor transport workers act : there shall be provided and maintained by the employer so as to be readily available such medical facilities for the motor transport workers at such operating centers and halting stations as may be prescribed by the state government.

section 12. of the motor transport workers act : 1 there shall be provided and maintained by the employer so as to be readily accessible during all working hours a firstaid box equipped with the prescribed contents in every transport vehicle. 2 nothing except the prescribed contents shall be kept in a firstaid box. 3 the firstaid box shall be kept in the charge of the driver or the conductor of the transport vehicle who shall be provided facilities for training in the use thereof.

section 18. of the motor transport workers act : 1 there shall be displayed and correctly maintained by every employer a notice of hours of work in such form and manner as may be prescribed showing clearly for every day the hours during which motor transport workers may be required to work. 2 subject to the other provisions contained in this act, no such motor transport worker shall be required or allowed to work otherwise than in accordance with the notice of hours of work so displayed.

section 13. of the motor transport workers act : no adult motor transport worker shall be required or allowed to work for more than eight hours in any day and fortyeight hours in any week: provided that where any such motor transport worker is engaged in the running of any motor transport service on such long distance routes, or on such festive and other occasions as may be notified in the prescribed manner by the prescribed authority, the employer may, with the approval of such authority, require or allow such motor transport worker to work for more than eight hours in any day or fortyeight hours in any week but in no case for more than ten hours in a day and fiftyfour hours in a week, as the case may be: provided further that in the case of a breakdown or dislocation of a motor transport service or interruption of traffic or act of god, the employer may, subject to such conditions and limitations as may be prescribed, require or allow any such motor transport worker to work for more than eight hours in any day or more than fortyeight hours in any week.

section 14. of the motor transport workers act : no adolescent shall be employed or required to work as a motor transport worker in any motor transport undertaking a for more than six hours a day including rest interval of halfanhour b between the hours of 10 p.m. and 6 a.m.

section 15. of the motor transport workers act : 1 the hours of work in relation to adult motor transport workers on each day shall be so fixed that no period of work shall exceed five hours and that no such motor transport worker shall work for more than five hours before he has had an interval for rest for at least halfanhour: provided that the provisions of this subsection in so far as they relate to interval for rest shall not apply to a motor transport worker who is not required to work for more than six hours on that day. 2 the hours of work on each day shall be so fixed that a motor transport worker is, except in any case referred to in the second proviso to section 13, allowed a period of rest of at least nine consecutive hours between the termination of duty on any one day and the commencement of duty on the next following day.

section 20. of the motor transport workers act : where, as a result of any exemption granted to an employer under the provisions of this act from the operation of section 19, a motor transport worker is deprived of any of the days of rest to which he is entitled under that section, the motor transport worker shall be allowed within the month in which the days of rest are due to him or within two months immediately following that month, compensatory days of rest of equal number to the days of rest so lost.

section 16. of the motor transport workers act : 1 the hours of work of an adult motor transport worker shall, except in any case referred to in the second proviso to section 13, be so arranged that inclusive of interval for rest under section 15, they shall not spreadover more than twelve hours in any day. 2 the hours of work of an adolescent motor transport worker shall be so arranged that inclusive of interval for rest under section 14, they shall not spreadover more than nine hours in any day.

section 17. of the motor transport workers act : subject to the other provisions contained in this act, the hours of work of a motor transport worker shall not be split into more than two spells on any day.

section 19. of the motor transport workers act : 1 the state government may, by notification in the official gazette, make rules providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers. 2 notwithstanding anything contained in subsection 1, an employer may, in order to prevent any allocation of a motor transport service, require a motor transport worker to work on any day of rest which is not a holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a holiday for a whole day intervening. 3 nothing contained in subsection 1 shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six days.

section 23. of the motor transport workers act : 1 a certifying surgeon shall, on the application of any adolescent or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed as a motor transport worker in a motor transport undertaking if certified to be fit for that work, or on the application of the employer or any other person on his behalf with reference to any adolescent intending to work, examine such person and ascertain his fitness for work as a motor transport worker. 2 a certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. 3 any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the adolescent, his parent or guardian.

section 21. of the motor transport workers act : no child shall be required or allowed to work in any capacity in any motor transport undertaking.

section 22. of the motor transport workers act : no adolescent shall be required or allowed to work as a motor transport worker in any motor transport undertaking unless a a certificate of fitness granted with reference to him under section 23 is in the custody of the employer and b such adolescent carries with him while he is at work a token giving a reference to such certificate.

section 29. of the motor transport workers act : 1 whoever obstructs an inspector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this act in relation to any motor transport undertaking shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 2 whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 25. of the motor transport workers act : the payment of wages act, 4 of , as in force for the time being, shall apply to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as if the said act had been extended to the payment of wages of such motor transport workers by a notification of the state government under subsection 5 of section 1 thereof, and as if a motor transport undertaking were an industrial establishment within the meaning of the said act.

section 24. of the motor transport workers act : where an inspector is of opinion that a motor transport worker working in any motor transport undertaking without a certificate of fitness is an adolescent, the inspector may serve on the employer a notice requiring that such adolescent motor transport worker shall be examined by a certifying surgeon and such adolescent motor transport worker shall not, if the inspector so directs, be employed or permitted to work in any motor transport undertaking until he has been so examined and has been granted a certificate of fitness under section 23.

section 31. of the motor transport workers act : whoever, except as otherwise permitted by or under this act, contravenes any provision of this act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a motor transport undertaking, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to seventyfive rupees for every day during which such contravention continues after conviction for the first such contravention.

section 26. of the motor transport workers act : 1 where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first proviso to section 13 or where he is required to work on any day of rest under subsection 2 of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be. 2 where an adult motor transport worker works for more than eight hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed. 3 where an adolescent motor transport worker is required to work on any day of rest under subsection 2 of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the work done on the day of rest. 4 for the purposes of this section, ordinary rate of wages in relation to a motor transport worker means his basic wages plus dearness allowance.

section 33. of the motor transport workers act : if any person who has been convicted of any offence punishable under this act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both: provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished.

section 27. of the motor transport workers act : 1 without prejudice to such holidays as may be prescribed, every motor transport worker who has worked for a period of two hundred and forty days or more in a motor transport undertaking during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of a if an adult, one day for every twenty days of work performed by him during the previous calendar year and b if an adolescent, one day for every fifteen days of work performed by him during the previous calendar year. 2 a motor transport worker whose service commences otherwise than on the first day of january shall be entitled to leave with wages at the rate laid down in clause a or, as the case may be, clause b of subsection 1 if he has worked for twothirds of the total number of days in the remainder of the calendar year. 3 if a motor transport worker is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages at the rate laid down in subsection 1, even if he has not worked for the entire period specified in subsection 1 or subsection 2 entitling him to earned leave. 4 in calculating leave under this section, fraction of leave of half a day or more shall be treated as one full days leave, and fraction of less than half a day shall be omitted. 5 if a motor transport worker does not in any one calendar year take the whole of the leave allowed to him under subsection 1 or subsection 2, as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of an adolescent. 6 in this section calendar year means the year commencing on the first day of january. explanation.for the purposes of this section, leave shall not include weekly holidays or holidays for festival or other similar occasions whether occurring during or at either end of the period of leave.

section 28. of the motor transport workers act : 1 for the leave allowed to a motor transport worker under section 27, he shall be paid at the rate equal to the daily average of his total full time wages for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime earnings and bonus, if any, but inclusive of dearness allowance and the cash equivalent of the advantage, if any, accruing by the concessional supply by the employer of foodgrains for the day on which he worked. 2 a motor transport worker who has been allowed leave for not less than four days under section 27 shall, on an application made by him in this behalf to the employer, be paid in advance, before his leave begins, an approximate amount equivalent to the wages payable to him for the period of his leave and any amount so paid shall be adjusted against the wages due to him for the aforesaid period of leave. 3 if a motor transport worker is not granted leave to which he is entitled under subsection 3 of section 27, he shall be paid wages in lieu thereof at the rates specified in subsection 1.

section 30. of the motor transport workers act : whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 23 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.

section 32. of the motor transport workers act : whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this act to give such direction or contravenes any of the provisions of this act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 36. of the motor transport workers act : no court shall take cognizance of an offence punishable under this act, unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

section 34. of the motor transport workers act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. state amendments jammu and kashmir and ladakh uts. after section 34, insert: 34a. compounding of offences.1 any offence punishable under subsection 1 of section 29, section 31 and section 32 may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than five thousand rupees, by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf: provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: provided also that when an offence is compounded on an application by the employer, then seventyfive per cent of the compounding amount received from him, shall be paid wherever it is feasible to the concerned worker or equally amongst the workers and if any workmen are not identifiable then the remaining amount shall be deposited in such manner as may be notified by the appropriate government. 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged.. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . uttar pradesh insertion of section 34a.after section 34 of the principal act the following section shall be inserted namely : 34a any offence punishable under this act with fine only or imprisonment up to three months or with both shall be compounded on the application of accused before or after institution of prosecution by a competent authority notified by the state government, after imposing 50 of the fine for the offence as compounding fee along with the prescribed fine: provided that remedy for compounding shall be available for the first offence only. 2 every officer referred to in subsection 1 shall exercise the power to compound an offence, subject to direction, control and supervision of the state government. 3 every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed. 4 where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. 5 where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in subsection 1 in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged. vide uttar pradesh act 12 of , s. 3

section 40. of the motor transport workers act : 1 the state government may, subject to the condition of previous publication 1, by notification in the official gazette, make rules to carry out the purposes of this act: provided that the date to be specified under clause 3 of section 23 of the general clauses act, 10 of , shall not be less than six weeks from the date on which the draft of the proposed rules was published. 2 in particular, and without prejudice to the generality of the foregoing power, any such rules may provide for a the form of application for the registration of a motor transport undertaking, the time within which and the authority to which such application may be made b the grant of a certificate of registration in respect of a motor transport undertaking and the fees payable for such registration c the qualifications required in respect of the chief inspector and inspector d the powers which may be executed by inspectors and the manner in which such powers may be exercised e the medical supervision which may be exercised by certifying surgeons f appeals form any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred g the time within which facilities required by this act to be provided and maintained may be so provided h the medical facilities that should be provided for motor transport workers i the type of equipment that should be provided in the firstaid boxes j the manner in which long distance routes, festive and other occasions shall be notified by the prescribed authority k the conditions and limitations subject to which any motor transport worker may be required or allowed to work for more than eight hours in any day or more than fortyeight hours in any week in any case referred to in the second proviso to section 13 l the form and manner in which notices of period of work shall be displayed and maintained m the rates of extra wages in respect of the overtime work done by a motor transport worker in any case referred to in the second proviso to section 13 n the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the state government may be required for the purposes of this act and o any other mater which has to be, or may be, prescribed. 23 every rule made by the state government under this act, shall be laid, as soon as it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 35. of the motor transport workers act : no court shall take cognizance of any offence under this act except on complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 39. of the motor transport workers act : the central government may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act.

section 37. of the motor transport workers act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this act: provided that where under any such award, agreement, contract of service or otherwise a motor transport worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the motor transport worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed as precluding any motor transport worker from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this act.

section 38. of the motor transport workers act : 1 nothing contained in this act shall apply to or in relation to any transport vehicle i used for the transport of sick or injured persons ii used for any purpose connected with the security of india, or the security of a state, or the maintenance of public order. 2 without prejudice to the provisions of subsection 1, the state government may, by notification in the official gazette, direct that subject to such conditions and restrictions, if any, as may be specified in the notification, the provisions of this act or the rules made thereunder shall not apply to i any motor transport workers who, in the opinion of the state government, hold positions of supervision or management in any motor transport undertaking, ii any parttime motor transport worker, and iii any class of employers: provided that before issuing any order under this subsection, the state government shall send a copy thereof to the central government.

section 7. of the rubber act : show related subordinates 1 2 the board may appoint such 2 committees as may be necessary for the efficient performance of its duties and functions under this act. 3 the board shall have the power to coopt as members of any committee appointed under subsection 2 such number of persons who are not members of the board, as it may think fit. 4 the board may appoint and authorize agents to discharge on its behalf any of its functions in relation to the marketing or storing of rubber. 1. omitted by act 54 of , s. 8 w.e.f. . 2. the word other omitted by s. 8, ibid. w.e.f. .

section 1. of the rubber act : show related subordinates 1 this act may be called the rubber1 act, . 2 it extends to the whole of india 2except the state of jammu and kashmir. 1. the brackets and words production and marketing omitted by s. 3, ibid. w.e.f. . 2. subs. by act 3 of , s. 3 and the schedule, for except part b states w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6a. of the rubber act : show related subordinates 16a. executive officers of the board.21 the central government may appoint an executive director to exercise such powers and perform such duties under the direction of the board as may be prescribed or as may be delegated to him by the chairman. 31a the central government shall appoint a rubber production commissioner to exercise such powers and perform such duties under the direction of the board as may be prescribed. 2 the central government shall appoint a secretary to the board to exercise such powers and perform such duties under the direction of the board as may be prescribed or as may be delegated to him by the chairman. 3 4the rubber production commissioner and the secretary to the board shall be entitled to such salaries and allowances and be governed by such conditions of service regarding leave, pension, provident fund and other matters as may be fixed by the central government. 4 5the chairman, the rubber production commissioner and the secretary shall not undertake any work unconnected with their duties under this act except with the permission of the central government. 1. subs. by act 54 of , s. 7, for section 6 w.e.f . 2. the words in brackets shall stand inserted date to be notified by s. 5, ibid. 3. subsection 1 shall renumbered as subsection 1a thereof date to be notified by s. 5, ibid. 4. the words in brackets shall stand substituted date to be notified by s. 5, ibid. to read as the executive directors, the rubber production commissioner 5. the word in brackets shall stand substituted date to be notified by 54 of , s. 5, to read as chairman, if wholetime, the executive director

section 8. of the rubber act : show related subordinates 1 it shall be the duty of the board to promote by such measures as it thinks fit the development of the rubber industry 1. 2 without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for a undertaking, assisting or encouraging scientific, technological and economic research b training students in improved methods of planting, cultivation, manuring and spraying c the supply of technical advice to rubber growers d improving the marketing of rubber 2da improving the quality of rubber and implementing the standards for quality marking, labeling and packing for the rubber produced or processed in, imported into or exported from, india e the collection of statistics from owners of estates, dealers, 3and manufacturers 4f securing better working conditions and the provisions and improvement of amenities and incentives for workers g carrying out any other duties which may be vested in the board under rules made under this act. 3 it shall also be the duty of the board a to advise the central government on all matters relating to the development of the rubber industry, including the import and export of rubber b to advice the central government with regard to participation in any international conference or scheme relating to rubber c to submit to the central government and such other authorities as may be prescribed 5halfyearly reports on its activities and the working of this act d to prepare and furnish such other reports relating to the rubber industry as may be required by the central government from time to time. 1. the words so far as regards the production and marketing of rubber omitted by s. 9, ibid. w.e.f. . 2. the words in brackets shall stand inserted date to be notified by act 4 of , s. 4. 3. the words in brackets shall stand substituted date to be notified by s. 4, ibid., to read as manufactures and processors 4. ins. by act 54 of , s. 9 w.e.f. . 5. the words in brackets shall stand substituted date to be notified by act 4 of , s. 4 to read as annual report.

section 2. of the rubber act : 12. declaration as to expediency of union control.it is hereby declared that it is expedient in the public interest that the union should take under its control the rubber industry. 1. subs. by act 54 of , s. 4, for section 2 w.e.f. .

section 3. of the rubber act : show related subordinates in this act, unless there is anything repugnant in the subject or context, a board means the 1 rubber board constituted under this act b dealer, means any person who deals in rubber, whether wholesale or retail, or holds stocks of rubber, and includes the representative or agent of a dealer c estate means any area administered as one unit which contains land planted with rubber plants 2cc executive director means the executive director appointed under this act d export and import mean respectively taking out of, and bringing into 3india by sea, land or air 4dd india means the territory of india excluding the state of jammu and kashmir e manufacturer means any person engaged in the manufacture of any article in the making of which rubber is used f owner includes any agent of an owner and a mortgagee in possession and a lessee of an estate g prescribed means prescribed by rules made under this act 5ga processor means a person who undertakes the processing of rubber h rubber means i crude rubber, that is to say, rubber prepared from the leaves, bark or latex of any rubber plant ii the latex of any rubber plant whether fluid or coagulated, in any stage of the treatment to which it is subjected during the process of conversion into rubber iii latex dry rubber content in any state of concentration, and includes scrap rubber, sheet rubber, rubber in powder and all forms and varieties of crepe rubber, but does not include rubber contained in any manufactured article i rubber plant includes plants, trees, shrubs or vines of any of the following: i hevea braziliensis para rubber, ii manihot glaziovii ceara rubber, iii castillio elastica, iv ficus elastica rambong, and v any other plant which the board may, by notification in the gazette of india, declare to be a rubber plant for the purposes of this act j rubber production commissioner means the rubber production commissioner appointed under this act 6k small grower means an owner whose estate does not exceed 7fifty acres in area. 1. the word indian omitted by s. 5, ibid. w.e.f. . 2. the words in brackets shall stand inserted date to be notified by act 54 of , s. 2. 3. subs. by act 3 of , s. 3 and the schedule, for the states w.e.f. . 4. ins. by s. 3 and schedule, ibid. w.e.f.. 5. the words in brackets shall stand inserted date to be notified by act 4 of , s. 2. 6. ins. by act 54 of , s. 5 w.e.f . 7. the words in brackets shall stand substituted date to be notified by act 4 of , s. 2, for ten hectares. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the rubber act : show related subordinates 1 as soon as may be after the commencement of this act, the central government shall, by notification in the official gazette, constitute for the purposes of this act a board to be called the 1 rubber board. 2 the board shall be a body corporate by the name of 1 rubber board having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract, and shall by the said name sue and be sued. 23 the board shall consist of a a chairman to be appointed by the central government 3b two members to represent the state of 4tamil nadu, one of whom shall be a person representing rubber producing interests c eight members to represent the state of kerala, six of whom shall be persons representing the rubber producing interests, three of such six being persons representing the small growers d ten members to be nominated by the central government, of whom two shall represent the manufacturers and four labours 5da three members to be nominated by the central government of whom two shall be from the department of commerce and one from the department of agriculture and cooperation e three members of parliament of whom two shall be elected by the house of the people and one by the council of states 6and 7ee the executive director, ex officio and f the rubber production commissioner, ex officio. 4 the persons to represent the states of 8tamil nadu and 9kerala shall be elected or nominated as may be prescribed. 5 any officer of the central government when deputed by that government in this behalf shall have the right to attend the meetings of the board and take part in the proceedings thereof but shall not be entitled to vote. 6 the board shall elect from among its members a vicechairman who shall exercise such of the powers, and perform such of the functions of the chairman as may be prescribed or as may be delegated to him by the chairman. 7 the members of the board shall receive from the board such allowances as may be prescribed. 8 it is hereby declared that the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 1. the word indian omitted by act 54 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for subsections 3, 4 and 5 w.e.f. . 3. subs. by adaption of laws no. 3 order, , clauses b and c. 4. subs. by the madras state alteration of name adaptation of laws on union subject order, , for madras w.e.f. . 5. the words in brackets shall stand inserted date to be notified by act 4 of , s. 3. 6. the word and shall stand omitted date to be notified by act 54 of , s. 3. 7. the words in brackets shall stand inserted date to be notified by s. 3, ibid. 8. subs. by the madras state alteration of name adaptation of laws on union subjects , for madras w.e.f. . 9. subs. by adaptation of laws no. 3 order, , for travancorecochin.

section 6. of the rubber act : show related subordinates 16. salary and allowances of chairman.2the chairman shall be entitled to such salary and allowances and be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the central government 3and a person appointed as the parttime chairman shall be entitled to such honorarium and allowances, if any, and such other conditions of service as may from time to time be fixed by the central government. 1. subs. by act 54 of , s. 7, for section 6 w.e.f . 2. the words in brackets shall stand substituted date to be notified by act 54 of , s. 4 to read as a person appointed as the wholetime chairman . 3. the words in brackets shall stand inserted date to be notified by s. 4, ibid.

section 9b. of the rubber act : show related subordinates 19b. pool fund.1 to the pool fund shall be credited a all sums realized by sales of rubber imported or purchased under section 8a b any other sum which the board may, with the previous approval of the central government, transfer from the general fund to the pool fund. 2 the pool fund shall be applied only to the rehabilitation of small growers in such manner as may be prescribed. 1. ins. by s. 12, ibid. w.e.f.

section 8a. of the rubber act : show related subordinates 18a. power of the board to import rubber for sale, or to purchase rubber, in the internal market.it shall be lawful for the board with the previous approval of the central government to import rubber for sale, or to purchase rubber, in the internal market at such prices as the central government may fix. 1. ins. by act 54 of , s. 10 w.e.f. .

section 10. of the rubber act : show related subordinates 110. registration.1 every person owning land planted with rubber plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in 2india, shall, before the expiry of one month from the date of commencement of this act, apply to the board to be registered as an owner in respect of each estate owned by him. 1. section 10 shall stand omitted date to be notified by act 4 of , s. 6. 2. subs. by act 3 of , s. 3 and the schedule, for the states w.e.f.

section 5. of the rubber act : 1 if any authority or body fails to make within a reasonable time any nomination which it is entitled to make under section 4, the central government may itself nominate a member to fill the vacancy. 2 where a member of the board dies, resigns or is removed, or ceases to reside in india, or becomes incapable of acting, the central government shall, on the recommendation of the authority or body entitled to nominate the member under section 4, or where such recommendation is not made within a reasonable time, then on its own initiative, appoint a person to fill the vacancy. 3 no act done by the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the board.

section 8b. of the rubber act : 18b. consultation with the board.before taking any action touching the affairs of the board under this act, the central government shall ordinarily consult the board: provided that no action taken by the central government shall be invalid or called in question merely on the ground that the action was taken without such consultation. 1. ins. by act 54 of , s. 10 w.e.f. .

section 11. of the rubber act : 1 the central government may, 1 by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of rubber, either generally or in specified classes of cases. 2 all goods to which any order under subsection 1 applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 19 of the sea customs act, 8 of , and all the provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word shall therein the word may were substituted. 3 if any person contravenes any order made under subsection 1 he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the sea customs act, 8 of ,, as applied by subsection 2, be punishable with imprisonment for a term which may extend to one year or with fine or with both 1. the words after consulting the board omitted by act 54 of , s. 13 w.e.f. .

section 9a. of the rubber act : show related subordinates 19a. general fund.1 to the general fund shall be credited a all sums forming the funds of the board immediately before the commencement of the rubber production and marketing amendment act, 54 of b all amounts paid to the board by the central government under subsection 7 of section 12. 2 the general fund shall be applied a to meet the expenses of the board b to meet the costs of the measures referred to in section 8 c to meet the expenditure incurred in the performance of its functions under this act or under rules made thereunder and d for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the board may think necessary for the development of such estates. 1. ins. by s. 12, ibid. w.e.f.

section 9. of the rubber act : show related subordinates 19. funds of the board.1 the indian rubber production board constituted under the rubber control and production order, , is hereby dissolved, and all funds and other property vested in, and all liabilities of, that board shall respectively vest in, and be liabilities of, the board constituted under this act. 22 the board shall maintain two funds, a general fund and a pool fund. 1. sections 9, 9a and 9b shall stand substituted date to be notified by act 4 of , s. 5 to read us under: 9. rubber development fund.1 there shall be a fund to be called the rubber development fund and there shall be credited, a all sums forming the funds of the board immediately before the commencement of the rubber amendment act, b the proceeds of cess paid to the board by the central government under subsection 7 of section 12 c any sum of money that may be paid to the board by way of grants or loans by the central government d internal and extra budgetary resources of the board e all moneys received and collected under section 26a and f any other sum that may be levied and collected under this act and the rules made thereunder. 2 the rubber development fund shall be applied a to meet the expenses of the board b to meet the cost of the measures referred to in section 8 c to meet the expenditure incurred in the performance of its functions under this act or the rules made thereunder d to meet the expenditure for rehabilitation of small growers and e for making such grants to rubber estates or for meeting the cost of such other assistance to rubber estates as the board may think necessary for the development of such estates.. 2. subs. by act 54 of , s. 11, for subsection 2 w.e.f. .

section 12. of the rubber act : show related subordinates 112. imposition of new rubber cess.1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be levied as a cess for the purposes of this act, a duty of excise on all rubber produced in india at such rate, not exceeding 2two rupees per kilogram of rubber so produced, as the central government may fix. 2 the duty of excise levied under subsection 1 shall be collected by the board in accordance with rules made in this behalf either from the owner of the estate on which the rubber is produced or from the manufacturer by whom 3such rubber is used. 4provided that the central government may, if considered necessary in the public interest, by order for reasons to be recorded in writing, exempt or reduce the duty of excise on rubber exported on such terms and conditions as it deems fit: provided further that the central government may, by notification in the official gazette, specify zero paisa per kilogram as the rate of duty of excise on natural rubber produced in india and procured for export by the exporters of natural rubber for the period from the 1st april, to the 31st august, . 53 the owner or, as the case may be, the manufacturer shall pay to the board the amount of the duty within one month from the date on which he receives a notice of demand therefor from the board and, if he fails to do so, the duty may be recovered from the owner or the manufacturer, as the case may be, as an arrear of land revenue. 4 for the purpose of enabling the board to assess the amount of the duty of excise levied under this section a the board shall, by notification in the official gazette, fix a period in respect of which assessments shall be made and b without prejudice to the provisions of section 20, every owner and every manufacturer shall furnish to the board a return not later than 6fifteen days after the expiry of the period to which the return relates, stating, i in the case of an owner, the total quantity of rubber produced on the estate in each such period: provided that in respect of an estate situated only partly in india, the owner shall in the said return show separately the quantity of rubber produced within and outside india ii in the case of a manufacturer, the total quantity of 7rubber used by him in such period out of the rubber produced in india. 5 if any 8owner or manufacturer fails to furnish, within the time prescribed, the return referred to in subsection 4 or furnishes a return which the board has reason to believe is incorrect or defective, the board may assess the amount of the duty of excise in such manner as may be prescribed 9and collect the cess from the owner, exporter or the manufacturer, as the case may be, after issuing a notice and after making such enquiry as it considers necessary, with such rate of interest as fixed under subsection 3: provided that where for any reason, the board finds that an owner, exporter or manufacturer, as the case may be, has paid cess in excess of what is due from him, it shall be adjusted against the future payment, if any, from him or shall be refunded to him. 6 any person aggrieved by an assessment made under this section may, within three months of the service of the notice under subsection 3, apply to the district judge for the cancellation or modification of the assessment, and the district judge shall, after giving the board an opportunity of being heard, pass such order which shall be final as he thinks proper. 7 the proceeds of the duty of excise collected under this section reduced by the cost of collection as determined by the central government shall first be credited to the consolidated fund of india, and then be paid by the central government to the board for being utilised for the purposes of this act, if parliament by appropriation made by law in this behalf so provides. 1. subs. by act 21 of , s. 2, for section 12 w.e.f. . 2. subs. by act 33 of , s. 2, for fifty naye paise w.e.f. . 3. the words in brackets shall stand substituted date to be notified by act 4 of , s. 7 to read as under such rubber is used or from the exporter by whom such rubber is exported 4. the provisions shall stand substituted date to be notified by s. 7, ibid. 5. subsection 3 shall stand inserted date to be notified by s. 7, ibid. to read as under: 3 subject to the provisions of this act, every owner, exporter or the manufacturer, as the case may be, shall pay the duty of excise to the board in the manner and for the period referred to in subsection 4 and, if he fails to do so, the duty may be recovered with the cost of collection and interest at such rates, as may be prescribed, from the owner, exporter or the manufacturer, as the case may be, as an arrear of the land revenue.. 6. the words in brackets shall stand substituted date to be notified by act 4 of , s. 7 to read as thirty days 7. the words in brackets shall stand substituted date to be notified by s. 7, ibid., to read as rubber acquired 8. the words in brackets shall stand substituted date to be notified by s. 7, ibid., to read as owner, exporter or manufacturer 9. the words, brackets and figure in brackets shall stand inserted date to be notified by s. 7, ibid.

section 14. of the rubber act : show related subordinates no person shall sell or otherwise dispose of and no person shall buy or otherwise acquire, rubber except under and in accordance with the terms of a general or special licence issued by the board: 1 1. proviso omitted by act 50 of , s. 2 w.e.f. .

section 13. of the rubber act : show related subordinates 1 the central government may 1, if it deems necessary, 2 by order published in the official gazette, fix the maximum price or the minimum price or the maximum and minimum prices to be charged, in the course of a business of any class specified in the order, for rubber of any description so specified. 2 any such order may fix different maximum or minimum prices to be charged in the course of businesses of different classes for the same description of rubber. 3 if any person buys or sells, or agrees to buy or sell, rubber at a price which is more than the maximum price, or less than the minimum price, fixed under subsection 1 in that behalf, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 1. the words in brackets shall stand inserted date to be notified by s. 8, ibid. 2. the words, brackets and figures after consulting the rubber price advisory committee constituted under subsection 1 of section 7 omitted by act 54 of , s. 15 w.e.f. .

section 15. of the rubber act : show related subordinates 1 every general licence issued under section 14 shall be published by the board in the gazette of india and in such newspapers as the board may direct. 2 a special licence issued under section 14 shall be valid only for such period as may be specified therein: provided that the board may from time to time extend the period of validity of any such licence. 3 the board may at any time for reasons to be recorded by it in writing revoke a special licence granted under section 14, and on such revocation it shall be returned to the board by the person to whom it was issued. 4 no application for a special licence made by a person who was carrying on business as a dealer or manufacturer immediately before the commencement of this act shall be rejected by the board except for special reasons to be recorded in writing.

section 17. of the rubber act : show related subordinates 117. licences for planting or replanting.1 no person shall plant or replant rubber except under and in accodance with the conditions of a special licence issued by the board. 2 a licence issued under this section shall specify the area in which rubber may be planted or replanted and the period for which the licence shall be valid. 3 no licence issued under this section shall be transferable except with the land to which it relates. 1. section 17 shall stand substituted date to be notified by act 4 of , s. 9 read as under: 17. implementation of standards for quality, marking, etc., for rubber.1 the board shall implement the standards for quality, marking, labelling and packing for various marketable forms of rubber, for the rubber produced or processed in, imported into or exported from, india. 2 any officer of the board authorised by the chairman may at any reasonable time inspect the rubber sold or purchased by any dealer or processor at any factory or other premises of a dealer, processor or manufacturer or exporter for the purpose of ensuring the compliance of the standards under subsection 1.

section 18. of the rubber act : show related subordinates 118. reports to be submitted by licencees.1 every holder of a licence issued under section 17 shall, at such times as the board may require, furnish to it a report specifying the areas newly planted or replanted during the period to which the report relates and containing such other particulars as may be required by the board. 2 the board may revoke any licence issued under section 17, if it is satisfied that the licence was obtained by misrepresentation or fraud or if the licence contravenes any of the terms of the licence or if the licence fails to submit the report referred to in subsection 1. 1. section 18 shall stand omitted date to be notified by s. 10, ibid. rules yeardescriptionfiles amendment to rubber rules

section 16. of the rubber act : 1 no person not being the owner or occupant of an estate or a person who has acquired rubber under a general or special licence issued by the board under section 14 shall have any rubber in his possession. 2 any court trying a contravention of subsection 1 may, without prejudice to the provisions of section 26, direct that any rubber in respect of which the court is satisfied that such contravention has been committed shall be forfeited to government.

section 19. of the rubber act : show related subordinates the board may levy such fees as may be prescribed for the issue and renewal of special licences under section 14, 1section 15 or section 17. 1. the words and figures shall stand substituted date to be notified by s. 11, ibid., to read as or section 15.

section 22. of the rubber act : show related subordinates 1 all acts of the board shall be subject to the control of the central government which may cancel, suspend or modify as it thinks fit any action taken by the board. 2 the records of the board shall be open to inspection at all reasonable times by any officer authorized in this behalf by the central government.

section 21. of the rubber act : show related subordinates 121. inspection of land and premises.any person authorized in this behalf by the central government or by the board or any member authorized by the chairman in writing or 2any officer of the board may at any reasonable time inspect any place of business of a dealer or any factory or other premises of a 3manufacturer, for the purpose of verifying any statement or return submitted under this act or for any other purposes of this act. 1. subs. by s. 17, ibid., for section 21 w.e.f. . 2. the words in brackets shall stand substituted date to be notified by act 4 of , s. 12 to read as any officer of the board authorized by the chairman may. 3. the words in brackets shall stand substituted date to be notified by s. 12, ibid., to read as manufacturer or processor, for.

section 20. of the rubber act : subject to such exceptions as may be prescribed, every owner, every manufacturer, and every holder of a special licence issued under section 14 not being an owner or a manufacturer, shall a submit to the board, such returns at such times, in such form, and containing such particulars, as may be prescribed b maintain true and correct accounts and other records pertaining to his estate or business, as the case may be, in such form as may be prescribed 1c permit any person authorized in this behalf by the central government or by the board or any member of the board authorized by the chairman in writing or any officer of the board to inspect the accounts and records referred to in clause b. 1. subs. by act 54 of , s. 16, for clause c w.e.f. .

section 25. of the rubber act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 12 in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely: i principles regulating the nomination of members of the board by the central government under clause d of subsection 3 of section 4, and the election or nomination of the members referred to in clauses b and c thereof: provided that before making any nomination in the exercise of its powers the central government shall call for panels of names from the respective associations recognised by it of the interests referred to in clause d ii the term of office of members of the board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the board iii the procedure to be followed at meetings of the board and at committees thereof for the conduct of business, and the number of members which shall form a quorum at any meeting iv the maintenance by the board of records of business transacted by the board, and the submission of copies thereof to the central government v the holding of a minimum number of meetings of the board every year vi the powers of the board, its chairman and committees thereof with respect to the incurring of expenditure and the powers and duties of 2the executive director, the rubber production commissioner and the secretary of the board vii the conditions subject to which the board may incur expenditure outside india viii the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned ix the maintenance of the accounts of income and expenditure of the board and the audit of such accounts x the deposit of the funds of the board in banks and the investment of such funds xi the reappropriation of the estimated savings from any budget head to any other budget head xii the conditions subject to which the board may borrow funds xiii the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the board xiv the delegation to committees or the chairman or vicechairman or members or officers of the board of any of the powers and duties of the board under this act xv the staff which may be employed by the board and the pay and allowances and leave and other conditions of service of officers and other employees of the board xvi the travelling and other allowances of members of the board and of committees thereof xvii the purposes for which the funds of the board may be expended xviii the maintenance of the registers and other records of the board and of its various committees xix the collection of any information or statistics in respect of rubber or any product of rubber 3xx the form of application for registration under section 10 or the cancellation of such registration, the fee payable on such applications, the procedure to be followed in granting or cancelling registration and the registers to be kept by the board 4xxa the cases and circumstances in which the duty of excise under section 12 shall be payable by the owner and the manufacturers respectively, the manner in which the duty may be assessed, paid or collected, the regulation of the production, manufacture, transport or sale of rubber in so far as such regulation is necessary for the proper levy, payment or collection of the duty 5xxb the cost of collection and the rate of interest to be recovered in case of delayed payment of duty under subsection 3 of section 12 xxi the form of application for special licences under section 14 6or section 17, the fees for the grant or renewal of such licences, and the forms of such licences xxii the manner in which rubber shall be graded and marketed xxiii the fee payable on appeals under section 23 xxiv any other matter which is to be or may be prescribed. 73 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in 8two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 54 of , s. 18, for subsection 2 w.e.f. . 2 the words in brackets shall stand inserted date to be notified by s. 6, ibid. 3. clause xx shall stand omitted date to be notified by act 4 of , s. 15. 4 ins. by act 21 of , s. 3 w.e.f. . 5. the words in brackets shall stand inserted date to be notified by act 4 of , s. 15. 6. the words and figures or section 17 shall stand omitted date to be notified by s. 15, ibid. 7 subs. by act 21 of , s. 3, for subsection 3 w.e.f. . 8 the word in brackets shall stand substituted date to be notified by act 54 of , s. 6 to read as two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid.

section 22a. of the rubber act : show related subordinates 122a. power of central government to issue directions to board.1 without prejudice to the foregoing provisions of this act, the board shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the board shall, as far as practicable, be given opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of the policy or not shall be final. 1. the words in brackets shall stand inserted date to be notified by s. 13, ibid.

section 23. of the rubber act : show related subordinates any person aggrieved by an order of the board refusing to issue or renew, or revoking, a special licence under the provisions of section 14, section 15 or section 17 may, within sixty days of the making of the order and on payment of the prescribed fee, appeal to the central government, and the decision of the central government thereon, and subject only to such decision the order of the board shall be final and shall not be called in question in any court.

section 25a. of the rubber act : show related subordinates 125a. power to make regulations.1 the board may, with the previous approval of the central government, by notification make regulations, not inconsistent with the provisions of this act and the rules made thereunder, to carry out its functions. 2 every regulation made under subsection 1 shall be laid before each house of parliament. 1. the words in brackets shall stand inserted date to be notified by act 4 of , s. 16.

section 24. of the rubber act : show related subordinates 1 the board shall keep such accounts, in such manner and in such form as may be prescribed, of all moneys received and expended by it. 2 the board shall cause the accounts to be audited annually by auditors appointed by the central government, and the auditors shall have the power to disallow any item of expenditure which in their opinion has not been properly incurred under this act. 3 the central government may, on the application of the board, allow any item of expenditure disallowed by the auditors under subsection 2.

section 26a. of the rubber act : show related subordinates 126a. compounding of offences.notwithstanding anything contained in the code of criminal procedure, 2 of , any offence punishable under this act may, either before the institution of prosecution or with the permission of the court after the institution of the prosecution, be compounded by the board on payment to the board such sum of money as does not exceed the value of the goods in respect of which contravention has been committed. 1. the words in brackets shall stand inserted date to be notified by act 4 of , s. 18.

section 24a. of the rubber act : show related subordinates 124a. power to delegate.the central government may, by notification in the official gazette, direct that any power exercisable and functions performed by it under this act may be exercised and performed in such cases and subject to such conditions, if any, as may be specified in the notification by such officer or authority as may be specified therein. 1. section 24 a shall stand inserted date to be notified by act 4 of , s. 14.

section 26. of the rubber act : show related subordinates 11 if any person a contravenes any provision of this act, other than section 11 or section 13, or any rule made under this act, or b in any report or return to be furnished under this act, makes any statement which is false and which he knows to be false or does not believe to be true, or c obstructs any officer of the board in the discharge of any duty imposed on or entrusted to him by or under this act, or d having the control or custody of any account book or other record, fails to produce such book or record when required by any authorised officer to do so, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 2one thousand rupees, or with both. 32 if the person committing any offence under subsection 1 is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 3 notwithstanding anything contained in subsection 2, where an offence under subsection 1 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company, means any body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. section 26 renumbered as subsection 1 of thereof by act 54 of , s. 19 w.e.f. . 2. the words shall stand substituted date to be notified by act 4 of , s. 17 to read as five thousand rupees. 3. ins. by act 54 of , s. 19 w.e.f. .

section 27. of the rubber act : no prosecution for any offence punishable under this act shall be instituted except by or with the consent of the central government or the board.

section 29. of the rubber act : 29. temporary powers of the central government.omitted by the rubber production and marketing amendment act, 54 of , s. 21 w.e.f. .

section 28. of the rubber act : no suit, prosecution of other legal proceedings shall lie against the board or any officer of the board for anything in good faith done or intended to be done under this act.

section 27a. of the rubber act : 127a. jurisdiction of courts.no court inferior to that of a presidency magistrate or of magistrate of the first class shall try any offence punishable under this act. 1. ins. by act 54 of , s. 20.

section 8. of the national capital region planning board act : the powers of the board shall include the powers to a call for reports and information from the participating states and the union territory with regard to preparation, enforcement and implementation of functional plans and subregional plans b ensure that the preparation, enforcement and implementation of functional plan or subregional plan, as the case may be, is in conformity with the regional plan c indicate the stages for the implementation of the regional plan d review the implementation of the regional plan, functional plan, subregional plan and project plan e select and approve comprehensive projects, call for priority development and provide such assistance for the implementation of those projects as the board may deem fit f select, in consultation with the state government concerned, any urban area, outside the national capital region having regard to its location, population and potential for growth, which may be developed in order to achieve the objectives of the regional plan and g entrust to the committee such other functions as it may consider necessary to carry out the provisions of this act.

section 1. of the national capital region planning board act : 1 this act may be called the national capital region planning board act, . 2 it shall be deemed to have come into force on the 19th day of october, .

section 3. of the national capital region planning board act : 1 the central government shall, by notification in the official gazette, constitute for the purposes of this act, a board, to be called the national capital region planning board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to contract and shall, by the said name, sue and be sued. 3 the board shall consist of such number of members, not exceeding twentyone, as may be prescribed, and unless the rules made in this behalf otherwise provide, the board shall consist of the following members, namely: a the union minister for works and housing, who shall be the chairman of the board b the chief minister of the state of haryana c the chief minister of the state of rajasthan d the chief minister of the state of uttar pradesh e the administrator of the union territory f eight members, to be nominated by the central government, on the recommendation of the participating states and the administrator of the union territory: provided that not more than two members shall be nominated on the recommendation of a participating state, or, as the case may be, the administrator of the union territory g three other members, of whom one shall be a person having knowledge and experience in town planning, to be nominated by the central government h a fulltime membersecretary of the board, to be nominated by the central government from amongst officers of, or above, the rank of a joint secretary to the government of india: provided that no change shall be made in the composition of the board by rules except with the consent of the government of each of the participating states and of the administrator of the union territory. 4 the terms and conditions of office of the members nominated under clause f, clause g or clause h of subsection 3 shall be such as may be prescribed.

section 7. of the national capital region planning board act : the functions of the board shall be a to prepare the regional plan and the functional plans b to arrange for the preparation of subregional plans and project plans by each of the participating states and the union territory c to coordinate the enforcement and implementation of the regional plan, functional plans, subregional plans and project plans through the participating states and the union territory d to ensure proper and systematic programming by the participating states and the union territory in regard to project formulation, determination of priorities in the national capital region or subregions and phasing of development of the national capital region in accordance with stages indicated in the regional plan e to arrange for, and oversee, the financing of selected development projects in the national capital region through central and state plan funds and other sources of revenue.

section 2. of the national capital region planning board act : in this act, unless the context otherwise requires, a board means the national capital region planning board constituted under subsection 1 of section 3 b committee means the planning committee constituted under subsection 1 of section 4 c countermagnet area means an urban area selected by the board under clause f of section 8 d functional plan means a plan prepared to elaborate one or more elements of the regional plan e land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth f national capital region means the areas specified in the schedule: provided that the central government with the consent of the government of the concerned participating state and in consultation with the board, may, by notification in the official gazette, add any area to the schedule or exclude any area therefrom g participating states means the states of haryana, rajasthan and uttar pradesh h prescribed means prescribed by rules made under this act i project plan means a detailed plan prepared to implement one or more elements of the regional plan, subregional plan or functional plan j regional plan means the plan prepared under this act for the development of the national capital region and for the control of landuses and the development of infrastructure in the national capital region k regulations means regulations made by the board under this act l subregion means such part of the national capital region as falls entirely within the limits of a participating state or the union territory m subregional plan means a plan prepared for a subregion and n union territory means the union territory of delhi.

section 4. of the national capital region planning board act : 1 the board shall, as soon as may be, after the commencement of this act, constitute a committee, to be called the planning committee, for assisting the board in the discharge of its functions. 2 the committee shall consist of such members as may be prescribed and unless the rules made in this behalf otherwise provide, the committee shall consist of the following members, namely: a the membersecretary to the board, who shall be the ex officio chairman of the committee b the joint secretary to the government of india in the ministry of works and housing, incharge of housing and urban development, ex officio c secretaryincharge of urban development in each participating state and the union territory, ex officio d the vicechairman, delhi development authority, ex officio e the chief planner, town and country planning organisation, new delhi, ex officio and f the chief town planner of each participating state, ex officio.

section 5. of the national capital region planning board act : 1 the board or the committee may, at any time and for such period as it thinks fit, coopt any person or persons as a member or members of the board or of the committee. 2 a person coopted under subsection 1 shall exercise and discharge all the powers and functions of a member of the board or of the committee, as the case may be, but shall not be entitled to vote.

section 6., not to invalidate proceedings of the board or the committee. of the national capital region planning board act : no act or proceeding of the board of the committee shall be invalid merely by reason of a the existence of any vacancy in, or any defect in the constitution of, the board or the committee or b any irregularity in the procedure of the board or of the committee not affecting the merits of the case.

section 9. of the national capital region planning board act : 1 the functions of the committee shall be to assist the board in a the preparation and coordinated implementation of the regional plan and the functional plans and b scrutinising the subregional plans and all project plans to ensure that the same are in conformity with the regional plan. 2 the committee may also make such recommendation to the board as it may think necessary to amend or modify any subregional plan or any project plan. 3 the committee shall perform such other functions as may be entrusted to it by the board.

section 10. of the national capital region planning board act : 1 the regional plan shall be a written statement and shall be accompanied by such maps, diagrams, illustrations and descriptive matters, as the board may deem appropriate for the purpose of explaining or illustrating the proposals contained in the regional plan and every such map, diagram, illustration and descriptive matter shall be deemed to be a part of the regional plan. 2 the regional plan shall indicate the manner in which the land in the national capital region shall be used, whether by carrying out development thereon or by conservation or otherwise, and such other matters as arc likely to have any important influence on the development of the national capital region and every such plan shall include the following elements needed to promote growth and balanced development of the national capital region, namely: a the policy in relation to landuse and the allocation of land for different uses b the proposals for major urban settlement pattern c the proposals for providing suitable economic base for future growth d the proposals regarding transport and communications including railways and arterial roads serving the national capital region e the proposals for the supply of drinking water and for drainage f indication of the areas which require immediate development as priority areas and g such other matters as may be included by the board with the concurrence of the participating states and the union territory for the proper planning of the growth and balanced development of the national capital region.

section 11. of the national capital region planning board act : for the preparation of the regional plan, the board may cause such surveys and studies, as it may consider necessary, to be made by such person or group of persons as it may appoint in this behalf and may also associate such experts or consultants for carrying out studies in relation to such specified matters as may be determined by the board.

section 16. of the national capital region planning board act : after the regional plan has come into operation, the board may prepare, with the assistance of the committee, as many functional plans as may be necessary for the proper guidance of the participating states and of the union territory.

section 12. of the national capital region planning board act : 1 before preparing any regional plan finally, the board shall prepare, with the assistance of the committee, a regional plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and in such manner as may be prescribed, inviting objections and suggestions from any person with respect to the draft regional plan before such date as may be specified in the notice. 2 the board shall also give reasonable opportunities to every local authority, within whose local limits any land touched by the regional plan is situate, to make any representation with respect to the draft regional plan. 3 after considering all objections, suggestions and representations that may have been received by the board, the board shall finally prepare the regional plan.

section 18. of the national capital region planning board act : a participating state, or the union territory, may, by itself or in collaboration with one or more of the participating states or the union territory, as the case may be, prepare project plans for one or more elements of the regional plan, functional plan or subregional plan.

section 14. of the national capital region planning board act : 1 the board may, subject to the provisions of subsection 2, make such modifications in the regional plan as finally prepared by it, as it may think fit, being modifications which, in its opinion, do not effect important alterations in the character of the regional plan and which do not relate to the extent of landuses or the standards of population density. 2 before making any modifications in the finally prepared regional plan, the board shall publish a notice, in such form and in such manner as may be prescribed, indicating therein the modifications which are proposed to be made in the finally prepared regional plan, and inviting, objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by it on or before the date so specified. 3 every modification made under this section shall be published in such manner as the board may specify and the modifications shall come into operation either on the date of such publication or on such later date as the board may fix. 4 if any question arises whether the modifications proposed to be made are modifications which effect important alterations in the character of the regional plan or whether they relate to the extent of landuses or the standards of population density, it shall be decided by the board whose decision thereon shall be final.

section 15. of the national capital region planning board act : 1 after every five years from the date of coming into operation of the finally prepared regional plan, the board shall review such regional plan in its entirety and may, after such review, substitute it by a fresh regional plan or may make such modifications or alterations therein as may be found by it to be necessary. 2 where it is proposed to substitute a fresh regional plan in place of the regional plan which was previously finally prepared or where it is proposed to make any modifications or alterations in the finally prepared regional plan, such fresh plan or, as the case may be, modifications or alterations, shall be published and dealt with in the same manner as if it were the regional plan referred to in sections 12 and 13 or as if they were the modifications or alterations in the regional plan made under section 14.

section 13. of the national capital region planning board act : 1 immediately after the regional plan has been finally prepared, the board shall publish, in such manner as may be prescribed, a notice stating that the regional plan has been finally prepared by it and naming the places where a copy of the regional plan may be inspected at all reasonable hours and upon the date of first publication of the aforesaid notice, the regional plan shall come into operation. 2 the publication of the regional plan, after previous publication, as required by section 12, shall be conclusive proof that the regional plan has been duly prepared.

section 19. of the national capital region planning board act : 1 before publishing any subregional plan, each participating state or, as the case may be, the union territory, shall, refer such plan to the board to enable the board to ensure that such plan is in conformity with the regional plan. 2 the board shall, after examining a subregional plan, communicate, within sixty days from the date of receipt of such plan, its observations with regard to the subregional plan to the participating state or the union territory by which such plan was referred to it. 3 the participating state, or, as the case may be, the union territory, shall, after due consideration of the observations made by the board, finalise the subregional plan after ensuring that it is in conformity with the regional plan.

section 17. of the national capital region planning board act : 1 each participating state shall prepare a subregional plan for the subregion within the state and the union territory shall prepare a subregional plan for the subregion within the union territory. 2 each subregional plan shall be a written statement and shall be accompanied by such maps, diagrams, illustrations and descriptive matters as the participating state or the union territory may deem appropriate for the purpose of explaining or illustrating the proposals contained in such subregional plan and every such map, document, illustration and descriptive matter shall be deemed to be a part of the subregional plan. 3 a subregional plan may indicate the following elements to elaborate the regional plan at the subregional level, namely: a reservation of areas for specific landuses which are of the regional or subregional importance b future urban and major rural settlements indicating their area, projected population, predominant economic functions, approximate site and location c road network up to the district roads and roads connecting major rural settlements d proposals for the coordination of traffic and transportation, including terminal facilities e priority areas at subregional level for which immediate plans are necessary f proposals for the supply of drinking water and for drainage and g any other matter which is necessary for the proper development of the subregion.

section 20. of the national capital region planning board act : each participating state, or, as the case may be, the union territory shall be responsible for the implementation of the subregional plan, as finalised by it under subsection 3 of section 19, and project plans prepared by it.

section 25. of the national capital region planning board act : the accounts of the board shall be maintained and audited in such manner as may be prescribed in consultation with the comptroller and auditorgeneral of india and the board shall furnish, to the central government, before such date as may be prescribed, a copy of its audited accounts together with the auditors report thereon.

section 21. of the national capital region planning board act : 1 the central government may, after due appropriation made by parliament by law in this behalf, make to the board grants and loans of such sums of money as that government may consider necessary to enable the board to carry out its functions under this act. 2 the central government shall also, after due appropriation made by parliament by law in this behalf, pay to the board such other sums as may be necessary for meeting the salaries, allowances and other remuneration of the membersecretary, officers and other employees of the board and such amounts as may be necessary to meet the other administrative expenses of the board.

section 28. of the national capital region planning board act : the central government may, from time to time, give such directions to the board as it may think fit for the efficient administration of this act and when any such direction is given, the board shall carry out such directions.

section 23. of the national capital region planning board act : the board shall, in each financial year, prepare in such form and at such time as may be prescribed its budget for the next financial year and forward the same to the central government at least three months prior to the commencement of the next financial year.

section 22. of the national capital region planning board act : 1 there shall be constituted a fund to be called the national capital regional planning board fund and there shall be credited there to a any grants and loans made to the board by the central government under section 21 b all sums paid to the board by the participating states and the union territory and c all sums received by the board from such other sources as may be decided upon by the central government in consultation with the participating states and the union territory. 2 the sums credited to the said fund referred to in subsection 1 shall be applied for a meeting the salaries, allowances and other remuneration of the membersecretary, officers and other employees of the board and for meeting other administrative expenses of the board, so, however, that the total expenses shall not exceed the amount appropriated for this purpose under subsection 2 of section 21 b conducting surveys, preliminary studies and drawing up of plans for the national capital region c providing financial assistance to the participating states and the union territory for the implementation of subregional plans and project plans and d providing financial assistance to the state concerned for the development of the countermagnet area subject to such terms and conditions as may be agreed upon between such state and the board.

section 24. of the national capital region planning board act : the board shall prepare in each financial year its annual report in such form and at such time as may be prescribed, giving a full account of its activities during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be prescribed, copies thereof to the central government, the participating states and the union territory.

section 26. of the national capital region planning board act : the central government shall cause the annual report and the auditors report to be laid as soon as may be after their receipt, on the table of each house of parliament while it is in session, for a total period of thirty days, which may be comprised in one session or in two more successive sessions.

section 27. of the national capital region planning board act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act or in any decree or order of any court, tribunal or other authority.

section 30. of the national capital region planning board act : 1 the central government may direct its town and country planning organisation to provide, on such terms and conditions as may be mutually agreed upon, such technical assistance to the board as that government may consider necessary and the government of a participating state may direct the town planning department of that government to make such technical assistance to the board as that government may consider necessary. 2 with a view to enabling the committee to discharge its functions, the board shall, out of the technical assistance received by it under subsection 1 make available to the committee such technical assistance as the committee may require.

section 29. of the national capital region planning board act : 1 on and from the coming into operation of the finally published regional plan, no development shall be made in the region which is inconsistent with the regional plan as finally published. 2 where the board is satisfied that any participating state or the union territory has carried out, or is carrying out, any activity which amounts to a violation of the regional plan, it may, by a notice in writing, direct the concerned participating state or the union territory, as the case may be, to stop such violation of the regional plan within such time as may be specified in the said notice and in case of any omission or refusal on the part of the concerned participating state or the union territory to stop activity, withhold such financial assistance to the concerned participating state or the union territory, as the board may consider necessary.

section 36. of the national capital region planning board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the composition and number of the members of the board and of the committee, as required by subsection 3 of section 3 and subsection 2 of section 4, respectively, to be prescribed b the terms and conditions of the office of the members as required by subsection 4 of section 3, to be prescribed c the form and manner in which notice under subsection 1 of section 12 and subsection 2 of section 14 shall be published d the manner in which notice under subsection 1 of section 13 shall be published e the form in which and the time at which the board shall prepare its budget under section 23 and its annual report under section 24 and the manner in which the accounts of the board shall be maintained and audited under section 25 f the conditions and restrictions with respect to the exercise of the powers to enter under section 33 and other matters relating thereto and g any other matters which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

section 31. of the national capital region planning board act : 1 the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of the officers and employees of the board shall be such as may be determined by regulations.

section 37. of the national capital region planning board act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which and the purposes for which the board may associate with itself any person under section 11 b the terms and conditions of service of the officers and employees of the board under subsection 2 of section 31 and c any other matter in respect of which provision is to be, or may be, made by regulations.

section 33. of the national capital region planning board act : subject to any rules made in this behalf, any person generally or specially authorised by the board in this behalf, may, at all reasonable times, enter upon any land or premises and do such things thereon as may be necessary for the purpose of lawfully carrying out any works or for making any survey, examination or investigation, preliminary or incidental to the exercise of any power or performance of any function by the board under this act: provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwellinghouse without previously giving the occupier thereof at least three days notice in writing of his intention to do so.

section 38. of the national capital region planning board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 39. of the national capital region planning board act : 1 where the central government is satisfied that the purposes for which the board was established under this act have been substantially achieved or the board has failed in its objectives, so as to render the continued existence of the board in the opinion of the central government unnecessary, that government may, by notification in the official gazette, declare that the board shall be dissolved with effect from such date as may be specified in the notification and the board shall be deemed to be dissolved accordingly. 2 from the said date a all properties, funds and dues which are vested in or realisable by the board shall vest in, or be realisable by, the central government b all liabilities which are enforceable against the board shall be enforceable against the central government c for the purpose of carrying out any development which has not been fully carried out by the board and for the purpose of realising properties, funds and dues referred to in clause a the functions of the board shall be discharged by the central government. 3 nothing in this section shall be construed as preventing the central government from reconstituting the board in accordance with the provisions of this act.

section 34. of the national capital region planning board act : the membersecretary, officers and other employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 35. of the national capital region planning board act : no suit, prosecution or other legal proceeding shall lie against the board or any member or any officer or any other employee of the board including any other person authorised by the board to exercise any power or to discharge any function under this act, or for anything which is in good faith done or intended to be done under this act.

section 32. of the national capital region planning board act : the board may, by notification in the official gazette, direct that any function or power other than the power to approve the regional plan and to make regulations, or duty which the board may perform, exercise or discharge under this act shall subject to such conditions, if any, as may be specified in the notification, be performed, exercised or discharged also by such person or persons as may be specified in the notification and where any such delegation of power is made the person or persons to whom such power is delegated shall perform, exercise or discharge those powers in the same manner and to the same extent as if they were conferred on him or them directly by this act and not by way of delegation.

section 41. of the national capital region planning board act : 1 the national capital region planning board ordinance, ord. 11 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 40. of the national capital region planning board act : for the removal of doubts, it is hereby declared that the acquisition of land or the determination of any right or interest in, or in relation to, any land or other property, where necessary to give effect to any regional plan, functional plan, subregional plan or project plan, shall be made by the government of the concerned participating state, or, as the case may be, the union territory, in accordance with the law for the time being in force in that state or union territory.

section 7. of the coffee act : show related subordinates 1 2 the board may appoint such committees for such purposes and may employ such staff as it thinks necessary for the efficient discharge of its functions under this act 3 the board may authorise agents to discharge on its behalf its functions in relation to the marketing, storing and curing of coffee. 1. subsection 1 omitted by s. 9, ibid. w.e.f. .

section 1. of the coffee act : 1 this act may he called the 1coffee act, . 2 it extends to the whole of india 2except the state of jammu and kashmir. 3 1. subs. by s. 3, ibid., for coffee market expansion act w.e.f. . 2. subs. by act 3 of , s. 3 and the sch., for expect part b states. 3. subsection 3 omitted by act 4 of , s. 2. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the coffee act : 12. declaration as to expediency of union control.it is hereby declared that it is expedient in the public interest that the union should take under its control the coffee industry. 1. subs. by act 50 of , s. 4, for s. 2 w.e.f. .

section 6a. of the coffee act : 16a. consultation with the board.before taking any action touching the affairs of the board under this act, the central government shall ordinarily consult the board : provided that no action taken by the central government shall be invalid or called in question merely on the ground that the action was taken without such consultation. 1. ins. by s. 8, ibid. w.e.f. .

section 3. of the coffee act : show related subordinates in this act, unless there is anything repugnant in the subject or context, a the board means the 1 2 coffee board constituted under section 4 3aa chairman means the chairman of the board b coffee means the commodity derived from the fruit of the rubiaceous plant known by that name, and includes raw coffee, cured coffee, uncured coffee, roasted coffee and prepared coffee 4c commissioner, means a commissioner of customs as specified in clause b of section 3 of the customs act, 52 of d curing means the application to raw coffee of mechanical processes other than pulping for the purpose of preparing it for marketing e curing establishment means any place to which raw coffee is sent by a registered owner for curing, and includes any estate which the board may declare to be a curing establishment for the purposes of this act 5ee dealer means a person carrying on the business of selling coffee, whether wholesale or by retail f estate means an area administered as one unit which contains land planted with coffee plants 6ff india means the territory of india excluding the state of jammu and kashmir g indian coffee cess committee means the indian coffee cess committee constituted under the indian coffee cess act, 14 of 7h free sale quota means that portion, stated in terms of bulk or weight, of the whole of the coffee produced by the estate in the year, which a registered estate is permitted under this act to sell 8i owner, in relation to any land planted with coffee plants, includes, 1 any agent of the owner, and 2 a mortgagee, lessee or other person in actual possession of the land j prescribed means prescribed by rules made under this act k registered estate means an estate in respect of which an owner is registered under subsection 1 of section 14, and includes also any estate in respect of which an owner is required to be registered under the provisions of that subsection l registered owner means an owner of a registered estate who has been or is required to be registered under subsection 1 of section 14 9 m surplus pool means the stock of coffee accumulated by the board out of the amounts delivered to the board under section 25 10n year means the period of twelve months beginning with the first day of july and ending with the thirtieth day of june next following. 1. subs. by act 7 of , s. 2, for india coffee market expansion board. 2. the word indian omitted by act 50 of , s. 5 w.e.f. . 3. ins. by s. 5, ibid, w.e.f. . 4. subs. by act 22 of , s. 85, for cl. c. 5. ins. by act 2 of , s. 2. 6. ins. by act 3 of , s. 3 and the sch. 7. subs. by act 23 of , s. 2, for cl. h w.e.f. . 8. subs. by act 48 of , s. 2, for cl. i w.e.f. . 9. cl. ll omitted by act 3 of , s. 3 and the schedule which was ins. by the a.o. . 10. subs. by act 48 of , s. 2, for cl. n w.e.f. . .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the coffee act : 18. salary and allowances of chairman.the chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 1. subs. by act 50 of , s. 10, for ss. 8 and 9 w.e.f. .

section 4. of the coffee act : show related subordinates 1 the board constituted by the name of the indian coffee market expansion board under section 4 of the indian coffee market expansion ordinance, 13 of , shall be the 1coffee board for the purposes of this act. 2342 the board shall consist of a a chairman to be appointed by the central government by notification in the official gazette b three members of parliament of whom two shall be elected by the house of the people and one by the council of states and c such number of other members not exceeding twentynine as the central government may think expedient, to be appointed by that government by notification in the official gazette from among persons who are in its opinion capable of representing, i governments of the principal coffeegrowing states ii coffeegrowing industry iii coffee trade interests iv curing establishments v interests of labour vi interests of consumers and vii such other interests as, in the opinion of the central government, ought to be represented on the board. 2a the number of persons to be appointed as members from each of the categories specified in clause c of subsection 2, the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the board shall be such as may be prescribed. 2b any officer of the central government when deputed by that government in this behalf shall have the right to attend meetings of the board and take part in the proceedings thereof but shall not be entitled to vote. 5 64 no act done by the board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board. 75 it is hereby declared that the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 1. subs. by act 50 of , s. 6, for indian coffee board w.e.f. . 2. subsections 2 and 3 ins. by act 7 of , s. 3. 3. subs. by act 50 of , s. 6, for subsection 2 w.e.f. . 4. subs. by act 48 of , s. 3, for subsection 2 and 2a w.e.f. . 5. subsection 3 which was ins. by act 7 of , s. 3, omitted by act 48 of , s. 3 w.e.f. . 6. the original subsection 2 renumbered as subsection 4 by act 7 of , s. 3. 7. ins. by act 50 of , s. 6 w.e.f. .

section 8a. of the coffee act : 18a. vicechairman.the board shall elect from amongst its members a vicechairman who shall exercise such of the powers and perform such of the duties of the chairman as may be prescribed or as may be delegated to him by the chairman. 1. subs. by act 50 of , s. 10, for ss. 8 and 9 w.e.f. .

section 9. of the coffee act : show related subordinates 19. chief coffee marketing officer, secretary and other staff.1 the central government shall appoint an officer to be called the chief coffee marketing officer and a secretary to the board and may appoint a deputy secretary to the board and such number of marketing officers as may be necessary, to exercise such powers and to perform such duties under the direction of the board as may be prescribed. 2 the officers appointed under this section shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 1. subs. by act 50 of , s. 10, for ss. 8 and 9 w.e.f. .

section 6. of the coffee act : so long as this act remains in force all property, movable or immovable, of or belonging to the indian coffee cess committee shall vest in the board and all debts and liabilities of the said committee shall be transferred to the board, and the officers and servants of the said committee shall be officers and servants on the staff of the board and the said committee shall be suspended.

section 5. of the coffee act : the board shall be a body corporate by the name of the 12 coffee board, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 1. subs. by act 7 of , s. 4, for indian coffee market expansion board. 2. the word indian omitted by act 50 of , s. 7 w.e.f. .

section 10. of the coffee act : when the board is dissolved by reason of this act having ceased to be in force, the unexpended balance of all money received by the board under the coffee market expansion ordinance, 13 of , or under this act except money in the pool fund, shall be disposed of in such manner as the central government may direct. the central government shall disburse the money in the pool fund in the same manner as the board would have done had it continued to exist.

section 11.. of the coffee act : show related subordinates 11. duty of customs. rep. by the cess laws repealing and amending act, 24 of , s. 2 and the first schedule w.e.f. .

section 12.. of the coffee act : 12. duty of excise.omitted by the coffee amendment act, s. 3 w.e.f. .

section 17. of the coffee act : 117. sale of coffee in excess of free sale quotas.no registered owner shall sell or contract to sell coffee from any registered estate if by such sale the free sale quota allotted to that estate is exceeded nor shall a registered owner sell or contract to sell any coffee produced on his estate in any year for which no free sale quota is allotted to the estate. 1. subs. by act 23 of , s. 5, for s. 17 w.e.f. .

section 13.. of the coffee act : show related subordinates 13. payment of proceeds of duty to the board. rep. by the cess laws repealing and amending act, 24 of s. 2 and first schedule w.e.f. .

section 15. of the coffee act : 1 the state government may, by notification in the official gazette, make rules to carry into effect the provisions of section 14. 2 without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers, and the supply by registering officers of information to the board.

section 14. of the coffee act : show related subordinates 11 every owner of land planted with coffee plants, whether such land is comprised in one estate or in more than one estate and whether it is situated wholly or only partly in india, shall, before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by the state government to be registered as an owner in respect of each estate owned by him, and any registration made before the commencement of the coffee amendment act, 48 of shall be deemed to have been made under this subsection. 2 3 a registration once made shall continue in force until it is cancelled by the registering officer. 3 1. subs. by act 48 of , s. 6, for subsection 1 w.e.f. . 2. subsection 2 omitted by s. 6, ibid. w.e.f. . 3. subsection 4 omitted by s. 6, ibid. w.e.f. .

section 19.. of the coffee act : storage or sale of coffee on or from unregistered estate. rep. by the coffee amendment act, 48 of , s. 8 w.e.f. .

section 16. of the coffee act : 4116. fixation of prices for sale of coffee.1 the central government may 2 by notification in the official gazette fix the price or prices at which coffee may be sold wholesale or retail in the indian market. 2 no registered owner or licensed curer or dealer shall sell coffee wholesale or retail in the indian market at a price or prices higher than the price or prices fixed under this section. 1. subs. by act 7 of , s. 5, for s. 16. 2. the words after consultation with the board omitted by act 50 of , s. 15 w.e.f. .

section 22. of the coffee act : 122. free sale quota.1 unless with the previous sanction of the central government the board decides that no free sale quotas shall be allotted, the board shall, as soon as may be, allot to each registered estate a free sale quota for the year. 2 the free sale quota shall be a fixed percentage, common to all registered estates, not exceeding fifty per cent. of the probable total production of the estate in the year as estimated by the board : provided that the board may, with the previous sanction of the central government, allot such quota at a percentage higher than fifty per cent. of the said probable total production. 3 the board may at any time vary the free sale quota by varying the fixed percentage common to all registered estates, or may express the whole or any part of the free sale quota of an estate in terms of bulk instead of in terms of weight. 1. subs. by act 23 of , s. 7, for s. 22 w.e.f. .

section 18. of the coffee act : no registered owner shall sell coffee unless either a it has been cured at or is delivered to the buyer through a curing establishment licensed under section 28, or b it is sold under and in accordance with the provisions of a licence procured from the board under section 24.

section 20. of the coffee act : show related subordinates no coffee shall be exported from 1india otherwise than by the board or under an authorisation granted by the board in the prescribed manner and in the prescribed cases, and the provisions of the 2customs act, 52 of , shall have effect as if the provision made by this section had been made by notification issued under section 11 of that act: 3provided that nothing herein contained shall apply to coffee i shipped as stores on board any vessel or aircraft in such quantity as the 4commissioner considers reasonable, having regard to the number of the crew and passengers and the length of the voyage or journey, as the case may be, on which the vessel or aircraft is about to proceed, or 5ii carried as personal baggage of a passenger, not exceeding such quantities as the central government may, by notification in the official gazette, specify, or iii exported for such purposes and in such quantities as the central government may specify in the like manner : 6provided further that the central government may, by order in writing, specify the quantity of coffee which shall be permitted for export during any year and where any such order is made, no coffee shall be exported from india in excess of the said quantity : provided further that the central government may exempt from the operation of this section, either absolutely or subject to conditions, the export of coffee from 1india 7to the state of jammu and kashmir or to any foreign settlement bounded by india. 1. subs. by act 3 of , s. 3 and sch., for the states. 2. subs. by act 23 of . s. 6, for certain words w.e.f. . 3. subs. by act 50 of , s. 16, for the first proviso w.e.f. . 4. subs. by act 22 of , s. 85, for collector. 5. subs. by act 48 of , s. 9, for cls. ii, iii and iv w.e.f. . 6. the proviso ins. by act 50 of , s.16 w.e.f. . 7. subs. by s. 3 and sch., ibid., for to a part b state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 21. of the coffee act : 1 no coffee which has been exported from india shall be reimported into 1india except under and in accordance with permit granted by the board. 2 the board may in any fit case grant such a permit and no charge shall be made therefor. 1. subs. by act 3 of , s. 3 and sch., for the states.

section 23. of the coffee act : 1 a registered owner shall furnish to the board at the prescribed times and in the prescribed manner such returns as may be prescribed. 2 if any registered owner fails to furnish the returns required under subsection 1 in respect of any estate, the board may 1without prejudice to any penalty to which the said owner is liable under section 37a refuse to allot 2a free sale quota to that estate, or, where 2a free sale quota has already been allotted, may cancel it. 3 the board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section or to ascertain the productive capacity of the estate. 1. ins. by act 7 of , s. 8. 2. subs. by act 23 of , s. 8, for an internal sale quota w.e.f. .

section 24. of the coffee act : show related subordinates the registered owner of any estate may, subject to the prescribed conditions and so long as the 1free sale quota allotted to that estate will not be exceeded by the proposed sale, obtain from the board a licence for the sale from that estate of uncured coffee. 1. subs. by s. 9, ibid., for internal sale quota w.e.f. .

section 25. of the coffee act : show related subordinates 1 all coffee produced by a registered estate in excess of the amount specified in the 1free sale quota allotted to that estate 2or when no 3free sale quota have been allotted to estates, all coffee produced by the estate, shall be delivered to the board for inclusion in the surplus pool by the owner of the estate or by the curing establishment receiving the coffee from the estate: 4provided that where no 3free sale quotas have been allotted to estates, the chairman may allow the owner of any estate to retain with himself for purposes of consumption by his family and for purposes of seed, such quantity of coffee as the chairman may think reasonable : provided further that where the central government is satisfied that it is not practicable for any class of owners producing coffee in any specified area to comply with the provisions of this subsection on account of the small quantity of coffee produced by them or on account of their estates being situated in a remote locality, the central government may, by notification in the official gazette, exempt such class of owners from the provisions of this subsection. 2 delivery shall be made to the board in such places, 5at such times and in such manner as the board may direct, and such directions may provide for partial delivery to the surplus pool at any time whether or not at that time the 1free sale quota has been exceeded and the coffee delivered shall be such as to represent fairly in kind and quality the produce of the estate. the board may reject any consignment offered for delivery which does not satisfy this requirement, but shall not reject any consignment merely for a defect in curing. 3 coffee delivered for inclusion in the surplus pool shall upon delivery to the board remain under the control of the board which shall be responsible for storage, curing where necessary, and marketing of the coffee. 4 the board shall 6 7from time to time prepare a differential scale for the valuation of coffee, and shall in accordance with that scale classify the coffee in each consignment delivered for inclusion in the surplus pool according to its kind and quality, and shall make an assessment of its value based on its quantity, kind and quality. 5 the board may with the consent of a registered owner, 8 treat as having been delivered for inclusion in the surplus pool any coffee from such estate which the registered owner may agree to have so treated. 6 when coffee has been delivered or is treated as having been delivered for inclusion in the surplus pool, the registered owner whose coffee has been so delivered or is treated as having been so delivered shall retain no rights in respect of such coffee except his right to receive the payments referred to in section 34. 1. subs by s. 10, ibid., for internal sale quota . 2. ins. by act 7 of , s. 10. 3. subs. by s. 10, ibid., for internal sale quota w.e.f. . 4. added by act 50 of , s. 17 w.e.f. . 5. ins. by act 7 of , s. 10. 6. the words with the concurrence of the chief coffee marketing officer omitted by act 50 of , s. 17 w.e.f. . 7. ins. by act 7 of , s. 10. 8. the words before an internal sale quota has been allotted to an estate omitted by act 7 of , s. 10.

section 30. of the coffee act : the board shall maintain two separate funds, a general fund and a pool fund.

section 27. of the coffee act : no registered owner shall cause or allow coffee to be cured elsewhere than in a licensed curing establishment, whether the curing establishment is maintained by himself or by another person.

section 31. of the coffee act : show related subordinates 131. general fund.1 to the general fund shall be credited a all amounts paid to the board by the central government under subsection 1 of section 13 and b any sums transferred to the general fund under the proviso to subsection 2 of 2section 32 and 3c all fees levied and collected by the board under this act. 2 the general fund shall be applied a to meet the expenses of the board b to meet the cost of such measures as the board may consider advisable to undertake for promoting agricultural and technological research in the interest of the coffee industry in india c for making such grants to coffee estates or for meeting the cost of such other assistance to coffee estates as the board may think necessary for the development of such estates d to meet the cost of such measures as the board considers advisable to undertake for promoting the sale and increasing the consumption in india and elsewhere of coffee produced in india and e to meet the expenses for securing better working conditions and the provision and improvement of amenities and incentives for workers. 1. subs. by act 50 of , s. 18, for s. 31 w.e.f. . 2. subs. by act 48 of , s. 10, for section 32 w.e.f. . 3. ins. by s. 10, ibid. w.e.f. .

section 26. of the coffee act : show related subordinates 1 the board shall take all practical measures to market the coffee included in the surplus pool, and all sales thereof shall be conducted by or through the board. 2 the board may purchase for inclusion in the surplus pool coffee not delivered for inclusion in it.

section 32. of the coffee act : show related subordinates 1 to the pool fund shall be credited all sums realised by sales by the board of coffee from the surplus pool. 2 1the pool fund shall be applied only to a the making to registered owners of estates of payments proportionate to the value of the coffee delivered by them for inclusion in the surplus pool b the costs of storing, curing and marketing coffee deposited in and of administering the surplus pool c the purchase of coffee not delivered for inclusion in the surplus pool: 2provided that where, after the requirements of the, clauses of this subsection have been met, there remains any excess in the pool fund, the board may, with the previous sanction of the central government, transfer the whole or any part of such excess to the credit of the general fund. 1. subs. by act 23 of , s. 12, for certain words. w.e.f . 2. added by act 16 of , s. 3.

section 28. of the coffee act : show related subordinates every establishment for curing coffee shall obtain from the board a licence to operate as such.

section 29. of the coffee act : 1 a registered owner when sending coffee to a curing establishment shall report to the board, separately for each estate from which coffee is sent, the amount of coffee sent and the curing establishment shall, in accordance with such instructions as may be issued by the board and having regard to the 1free sale quota of the estate 2where one has been allotted, apportion each such consignment into two parts, one part consisting of coffee intended 3for free sale and one part of coffee intended to be delivered for inclusion in the surplus pool and shall report to the board the amount of coffee in each such part 2where no 4free sale quotas have been allotted to estates, the curing establishment shall report merely the whole amount of coffee sent in each such consignment. 2 a registered owner curing coffee in a curing establishment maintained by himself shall supply to the board the information specified in subsection 1. 3 a curing establishment which buys or receives uncured coffee from any person shall ascertain the estate on which the coffee was produced and shall report to the board the quantity of coffee so obtained and the estate or estates from which it came. 4 every curing establishment shall maintain accounts in such forms as may be required by the board and such accounts shall be open to inspection at any time by the board or by an officer authorised in this behalf by the board. 1. subs. by act 23 of , s. 11, for internal sale quota w.e.f. . 2. ins. by act 7 of , s. 11. 3. subs. by act 23 of , s. 11 for internal sale w.e.f. . 4. subs. by s. 11, ibid., internal sale quotas w.e.f. .

section 32a. of the coffee act : 132a. power of the board to make donation to the gandhi national memorial fund.notwithstanding anything contained in section 32, the board may apply any part of the pool fund to the making of a donation to the fund known as the gandhi national memorial fund. 1. ins. by act 34 of , s. 2.

section 33. of the coffee act : the board may, subject to any prescribed conditions, borrow on the security of the general fund or the pool fund for any purposes for which it is authorised to expend money from such fund, or on the security of the coffee delivered or treated as delivered for inclusion in the surplus pool for any purposes for which it is authorised to expend money from the pool fund.

section 34. of the coffee act : 1 the board shall at such times as it thinks fit make to registered owners who have delivered coffee for inclusion in the surplus pool such payments out of the pool fund as it may think proper. 2 the sum of all payments made under subsection 1 to any one registered owner shall bear to the sum of the payments made to all registered owners the same proportion as the value of the coffee delivered by him out of the years crop to the surplus pool bears to the value of all coffee delivered to the surplus pool out of that years crop: 1provided that in calculating the sum of all payments made under subsection 1 and the value of the coffee delivered to the surplus pool out of the years crop, respectively, any payment accepted by a registered owner as final payment in immediate settlement for coffee delivered by him for inclusion in the surplus pool and the value of any such coffee shall be excluded. 1 added by act 7 of , s. 12.

section 38a. of the coffee act : 138a. contravention of section 25.any registered owner or licensed curer who fails to deliver any coffee to the board as required by or under subsections 1 and 2 of section 25 shall be punishable with fine which may extend to one thousand rupees, and the court by which such person is convicted may order the confiscation and delivery to the board of any coffee in respect of which the offence was committed. 1 ins. by act 7 of , s. 14.

section 35. of the coffee act : any owner of a coffee estate who fails to apply for registration in accordance with section 14 shall be punishable with fine which may extend to one thousand rupees and to a further fine which may extend to five hundred rupees for each month after the first during which such failure continues.

section 38b. of the coffee act : show related subordinates 138b. powers to seize coffee withheld from inclusion in surplus pool. if the board is satisfied that any coffee which is required under the provisions of section 25 to be delivered for inclusion in the surplus pool is being or is likely to be disposed of otherwise than by such delivery, the board may order the seizure of such coffee, and may authorise an officer of the board to effect seizure thereof for delivery for inclusion in the surplus pool, and such authorisation shall be sufficient warrant for such officer to take all steps necessary to secure possession of the coffee. 1 ins. by act 7 of , s. 14.

section 36. of the coffee act : 1 any registered owner who contravenes the provisions of subsection 2 of section 16, or section 17 or section 18, any licensed curer 1or dealer who contravenes the provisions of subsection 2 of section 16, 2 shall be punishable with fine which may extend to one thousand rupees. 2 when a registered owner is convicted under this section, the board may thereafter deduct from any payment to be made under section 34 to such registered owner a sum equal to the value as estimated by the board of any coffee unlawfully sold by him. 1 ins. by act 2 of , s. 3. 2. certain words omitted by act 48 of , s. 11 w.e.f. .

section 37. of the coffee act : if any curing establishment operates as such without a licence, the owner shall be punishable with fine which may extend to five hundred rupees.

section 37a. of the coffee act : 137a. contravention of section 23 1. any registered owner who fails to furnish the return required by subsection 1 of section 23 as required by that subsection shall be punishable with fine which may extend to one thousand rupees. 1 ins. by act 7 of , s. 13.

section 38. of the coffee act : any person who makes in any return to be furnished under section 23 or in any report to be made under section 29 any statement which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to one thousand rupees.

section 39. of the coffee act : whoever obstructs any member or officer of the board or any person authorised by the board or by the central government in the discharge of any duty imposed on or entrusted to him under this act, or who having control over or custody of any records fails to produce such records when required to do so or refuses information lawfully asked for by a member or officer of the board by a person authorised by the board or by the central government to inspect such records or ask for such information shall be punishable with fine which may extend to one thousand rupees.

section 45. of the coffee act : 1 the board shall keep accounts in such manner as may be prescribed of all money received and expended by it. 2 the accounts shall be kept separately for the general fund and the pool fund. 3 the board shall cause the accounts to be audited annually by auditors appointed by the central government, and the auditors shall have power to disallow any item of expenditure which has, in their opinion, been incurred otherwise than in accordance with this act. 4 the central government may on the application of the board allow any item of expenditure disallowed by the auditors under subsection 3.

section 39a. of the coffee act : 139a. offences by companies.1 if the person committing any offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. ins. by act 50 of , s. 19 w.e.f. .

section 40. of the coffee act : show related subordinates 1 no court other than the court of 1a metropolitan magistrate or a judicial magistrate of the first class shall take cognizance of any offence punishable under this act. 2 no court shall take cognizance of an offence punishable under section 35 except on complaint made by an officer authorised in this behalf by the state government 2or of the offence specified in subsection 2 of section 16 except on complaint made by an officer authorised in this behalf either by the state government or by the board or of an offence punishable under any other section except on complaint made with the previous sanction of the central government by an officer authorised in this behalf by the board: 3provided that the central government may, by notification in the official gazette, direct that the previous sanction of the central government shall not be necessary for complaints in such cases or classes of cases as may be specified in the notification. 1. subs. by act 23 of , s. 13, for a magistrate of the first class w.e.f. . 2. ins. by act 2 of , s. 4. 3. added by act 7 of , s. 15.

section 41.. of the coffee act : power of board to determine amount of coffee sold by an estate. rep. by the coffee amendment act, 48 of , s. 12 w.e.f. .

section 42. of the coffee act : 1 all acts of the board shall be subject to the control of the central government which may cancel, suspend or modify as it thinks fit any action taken by the board. 2 the records of the board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the central government.

section 43. of the coffee act : 1 any person aggrieved by an order of the board refusing a licence to or cancelling the licence of a curing establishment may, within sixty days of the making of the order, appeal to the central government. 2 any person making an appeal under this section shall pay a fee of five rupees which shall be credited to central revenues.

section 44. of the coffee act : 1any person authorised in this behalf by the central government or by the board or any member of the board so authorised by the chairman in writing or any officer of the board, may enter at all reasonable times any estate or any curing establishment 2or any place where coffee is stored or exposed for sale, and may require the production for his inspection of any records kept therein, or ask for any information relating to the production, storage or sale of coffee 3. 1. subs. by act 50 of , s. 20, for certain words w.e.f. . 2. ins. by act 7 of , s. 16. 3. the words by the estate omitted by s. 16, ibid.

section 48. of the coffee act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 12 without prejudice to the generality of the foregoing power, rules may be made providing for all or any of the following matters : 2i the constitution of the board, the number of persons to be appointed as members from each of the categories specified in clause c of subsection 2 of section 4, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the board ii the circumstances in which, and the authority by which, members may be removed iii the procedure to be followed at meetings of the board and at committees thereof for the conduct of business and the number of members which shall form a quorum at a meeting iv the maintenance by the board of records of business transacted by the board and the submission of copies thereof to the central government v the holding of a minimum number of meetings of the board every year vi the powers of the board, its chairman and committees thereof with respect to the incurring of expenditure vii the conditions subject to which the board may incur expenditure outside india viii the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned ix the maintenance of the accounts of income and expenditure of the board and the audit of such accounts x the deposit of the funds of the board in banks and the investment of such funds xi the reappropriation of the estimated savings from any budget head to any other budget head xii the conditions subject to which the board may borrow funds xiii the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the board xiv the delegation to the committee or chairman or vicechairman or members or officers of the board of any of the powers and duties of the board under this act xv the staff which may be employed by the board and the pay and allowances and leave and other conditions of service of officers other than those appointed by the central government and other employees of the board xvi the travelling and other allowances of members of the board and of committees thereof xvii the maintenance of the registers and other records of the board and its various committees xviii the manner in which the 3free sale quota of coffee estates shall be determined xix the manner in which the board shall exercise its powers of buying and selling coffee xx the appointment by the board of agents xxi the conditions to be fulfilled by a curing establishment before a licence to operate as such can be issued xxii the form of, and the particulars to be contained in, any returns or reports to be made to the board under this act xxiii the form of, manner of application for, fees payable for, procedure in granting and conditions governing, the licences and permits to be issued by the board xxiv the collection of any information or statistics in respect of coffee or any product of coffee xxv any other matter other than any matter specified in section 15 which is to be or may be prescribed under this act. 43 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament,, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 50 of , s. 21, for subsection 2 w.e.f. . 2. subs. by act 48 of , s. 13, for cls. i and ii w.e.f. . 3. subs. by act 23 of , s. 14, for internal sale quota w.e.f. . 4. subs. by act 48 of , s. 5, for subsection 3 w.e.f. .

section 46. of the coffee act : any registered owner 1 may, subject to the prescribed conditions, inspect the records maintained by the board and may on payment of the prescribed fee obtain copies of any proceedings or orders of the board. 1. the words to whom an internal sale quota is allotted omitted by act 7 of , s. 17.

section 50.. of the coffee act : repeals and savings. rep. by the repealing and amending act, 2 of , s. 2 and sch.

section 47. of the coffee act : all contracts for the sale of coffee in so far as they are at variance with the provisions of this act shall be void: provided that nothing contained in this section shall apply to contracts to which under section 47 of the coffee market expansion ordinance, 13 of , that ordinance did not apply.

section 47a. of the coffee act : 147a. bar of legal proceedings.no suit, prosecution or other legal proceeding shall lie against the board or any officer of the board for or in respect of anything in good faith done or intended to be done under this act. 1. ins. by act 7 of , s. 18.

section 49. of the coffee act : 149. repeal of act 14 of .the indian coffee cess act, 14 of , is hereby repealed. 1. subs. by act 4 of , s. 4, for s. 49.

section 7. of the inflammable substances act : repeal of section 30, act 30 of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f. .

section 1. of the inflammable substances act : this act may be called the inflammable substances act, .

section 6. of the inflammable substances act : all acts of executive authority, proceedings and sentences which have been done, taken or passed with respect to, or on account of, any inflammable substance since the 1st day of april, , and before the commencement of this act by any officer of government or by any person acting under his authority or otherwise in pursuance of an order of the government in the belief or purported belief that the acts, proceedings or sentences were being done, taken or passed under the petroleum act shall be as valid and operative as if they had been done, taken or passed in accordance with law and no suit or other legal proceeding shall be maintained or continued against any person whatever on the ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with law.

section 2. of the inflammable substances act : in this act, a dangerously inflammable substance means any liquid or other substance declared to be dangerously inflammable by this act b petroleum act means the petroleum act, 30 of .

section 5. of the inflammable substances act : notifications or rules issued or purporting to have been issued under section 30 of the petroleum act between the 1st day of april, , and the date of commencement of this act shall be deemed to have been issued or made under this act, and continue in force accordingly.

section 3. of the inflammable substances act : the liquids and other substances hereinafter mentioned, namely: 1 acetone, 2 calcium phosphide, 3 carbide of calcium, 4 cinematograph films having a nitrocellulose base, 5 ethyl alcohol, 6 methyl alcohol, 7 wood naphtha, are hereby declared to be dangerously inflammable.

section 4. of the inflammable substances act : show related subordinates 1 the central government may, by notification in the official gazette, apply any or all of the provisions of the petroleum act and of the rules made thereunder, with such modifications as it may specify, to any dangerously inflammable substance, and thereupon the provisions so applied shall have effect as if such substance had been included in the definition of petroleum under that act. 2 the central government may make rules providing specially for the testing of any dangerously inflammable substance to which any of the provisions of the petroleum act have been applied by notification under subsection 1, and such rules may supplement any of the provisions of chapter ii of that act in order to adapt them to the special needs of such tests.

section 8. of the rehabilitation council of india act : show related subordinates 1 the central government shall appoint the membersecretary of the council to exercise such powers and perform such duties under the direction of the council as may be prescribed or as may be delegated to him by the chairperson. 2 the council shall, with the previous sanction of the central government, employ such officers and other employees as it deems necessary to carry out the purpose of this act. 3 the council shall, with the previous sanction of the central government, fix the allowances to be paid to the chairperson and other members and determine the conditions of service of the membersecretary, officers and other employees of the council.

section 1. of the rehabilitation council of india act : 11. short title and commencement.1 this act may be called the rehabilitation council of india act, . 2 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 38 of , s. 2, for the training of rehabilitation professionals and w.e.f. . 2. 31st july, , vide notification no. s.o. 288e, dated 28th april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the rehabilitation council of india act : 1 in this act, unless the context otherwise requires, a chairperson means the chairperson of the council appointed under subsection 3 of section 3 b council means the rehabilitation council of india constituted under section 3 1c handicapped means a person suffering from any disability referred to in clause i of section 2 of the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of 2 f member means a member appointed under subsection 3 of section 3 and includes the chairperson g membersecretary means the membersecretary appointed under subsection 1 of section 8 h mental retardation means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence i notification means a notification published in the official gazette j prescribed means prescribed by regulations k recognised rehabilitation qualifications means any of the qualifications included in the schedule l register means the central rehabilitation register maintained under subsection 1 of section 23 m regulations means regulations made under this act 5ma rehabilitation refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric or social functional levels n rehabilitation professionals means i audiologists and speech therapists ii clinical psychologists iii hearing aid and ear mould technicians iv rehabilitation engineers and technicians v special teachers for educating and training the handicapped vi vocational counsellors, employment officers and placement officers dealing with handicapped vii multipurpose rehabilitation therapists, technicians or viii such other category of professionals as the central government may, in consultation with the council, notify from time to time 4 51a words and expressions used and not defined in this act but defined in the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of shall have the meanings respectively assigned to them in that act. 2 any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. subs. by act 38 of , s. 3, for clause c w.e.f. . 2. clauses d and e omitted by s. 3, ibid. w.e.f. . 3. ins. by s. 3, ibid. w.e.f. . 4. clause o omitted by act 38 of , s. 3 w.e.f. . 5. ins. by s. 3, ibid. w.e.f. .

section 7. of the rehabilitation council of india act : show related subordinates 1 the council shall constitute from amongst its members an executive committee and such other committees for general or special purposes as the council deems necessary to carry out the purposes of this act. 2 the executive committee shall consist of the chairperson who shall be member ex officio and not less then seven and not more than ten members who shall be nominated by the council from amongst its members. 3 the chairperson shall be the chairperson of the executive committee. 4 in addition to the powers and duties conferred and imposed upon it by this act, the executive committee or any other committee shall exercise and discharge such powers and duties as the council may confer or impose upon it by any regulations which may be made in this behalf.

section 3. of the rehabilitation council of india act : show related subordinates 1 with effect from such date as the central government may, by notification, appoint in this behalf, there shall be constituted for the purposes of this act a council to be called the rehabilitation council of india. 2 the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the council shall consist of the following members, namely: 1a a chairperson, from amongst the persons having experience in administration with professional qualification in the field of rehabilitation, disabilities, and special education, to be appointed by the central government b such number of members not exceeding seven, as may be nominated by the central government, to represent the ministries of the central government dealing with matters relating to persons with disabilities c one member to be appointed by the central government to represent the university grants commission d one member to be appointed by the central government to represent the directorate general of indian council of medical research e two members to be appointed by the central government to represent the ministry or department of the states or the union territories dealing with social welfare by rotation in alphabetical order f such number of members not exceeding six as may be appointed by the central government from amongst the rehabilitation professionals working in voluntary organisations g such number of members not exceeding four as may be appointed by the central government from amongst the medical practitioners enrolled under the indian medical council act, of and engaged in rehabilitation of the handicapped h three members of parliament of whom two shall be elected by the house of the people and one by the council of states i such number of members not exceeding three as may be nominated by the central government from amongst the social workers who are actively engaged in assisting the disabled j the membersecretary, ex officio. 4 the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 1. subs. by s. 4, ibid., for clauses a and b w.e.f. .

section 4. of the rehabilitation council of india act : show related subordinates 1 the chairperson or a member shall hold office for a term of two years from the date of his appointment or until his successor shall have been duly appointed, whichever is longer. 2 a casual vacancy in the council shall be filled in accordance with the provisions of section 3 and the person so appointed shall hold office only for the remainder of the term for which the member in whose place he was appointed would have held that office. 3 the council shall meet at least once in each year at such time and place as may be appointed by the council and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed. 4 the chairperson or, if for any reason, he is unable to attend the meeting of the council, any member elected by the members present from amongst themselves at the meeting, shall preside at the meeting. 5 all questions which come up before any meeting of the council shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the person presiding shall have a second or casting vote.

section 5. of the rehabilitation council of india act : no person shall be a member if he a is, or becomes, of unsound mind or is so declared by a competent court or b is, or has been, convicted of any offence which, in the opinion of the central government, involves moral turpitude or c is, or at any time has been, adjudicated as insolvent.

section 6. of the rehabilitation council of india act : if a member a becomes subject to any of the disqualifications mentioned in section 5 or b is absent without excuse, sufficient in the opinion of the council, from three consecutive meetings of the council or c ceases to be enrolled on the indian medical register in the case of a member referred to in clause g of subsection 3 of section 3, his seat shall thereupon become vacant.

section 9. of the rehabilitation council of india act : no act or proceeding of the council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the council or a committee thereof, as the case may be.

section 11., in india for rehabilitation professionals. of the rehabilitation council of india act : show related subordinates 1 the qualifications granted by any university or other institution in india which are included in the schedule shall be recognised qualifications for rehabilitation professionals. 2 any university or other institution which grants qualification for the rehabilitation professionals not included in the schedule may apply to the central government to have any such qualification recognised, and the central government, after consulting the council may, by notification, amend the schedule so as to include such qualification therein and any such notification may also direct that an entry shall be made in the last column of the schedule against such qualification only when granted after a specified date.

section 15. of the rehabilitation council of india act : show related subordinates 1 the council shall appoint such number of inspectors as it may deem requisite to inspect any university or institution where education for practising as rehabilitation professionals is given or to attend any examination held by any university or institution for the purpose of recommending to the central government recognition of qualifications granted by that university or institution as recognised rehabilitation qualifications. 2 the inspectors appointed under subsection 1 shall not interfere with the conduct of any training or examination but shall report to the council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving such education or of the sufficiency of every examination which they attend. 3 the council shall forward a copy of the report of the inspector under subsection 2 to the university or institution concerned and shall also forward a copy, with the remarks of the university or the institution thereon, to the central government.

section 12. of the rehabilitation council of india act : the council may enter into negotiations with the authority in any country outside india for settling of a scheme of reciprocity for the recognition of qualifications, and in pursuance of any such scheme, the central government may, by notification, amend the schedule so as to include therein any qualification which the council has decided should be recognised, and by such notification may also direct that an entry shall be made in the last column of the schedule declaring that it shall be the recognised qualification only when granted after a specified date.

section 13. of the rehabilitation council of india act : 1 subject to the other provisions contained in this act, any qualification included in the schedule shall be sufficient qualification for enrolment on the register. 2 no person, other than the rehabilitation professional who possesses a recognised rehabilitation qualification and is enrolled on the register, a shall hold office as rehabilitation professional or any such office by whatever designation called in government or in any institution maintained by a local or other authority b shall practice as rehabilitation professional anywhere in india c shall be entitled to sign or authenticate any certificate required by any law to be signed or authenticated by a rehabilitation professional d shall be entitled to give any evidence in any court as an expert under section 45 of the indian evidence act, 1 of on any matter relating to the handicapped: provided that if a person possesses the recognised rehabilitation professional qualifications on the date of commencement of this act, he shall be deemed to be an enrolled rehabilitation professional for a period of six months from such commencement, and if he has made an application for enrolment on the register within said period of six months, till such application is disposed of. 12a notwithstanding anything contained in subsection 2, any person being a doctor or a paramedic in the field of physical medicine and rehabilitation, orthopaedics, ear, nose or throat ent, ophthalmology or psychiatry, employed or working in any hospital or establishment owned or controlled by the central government or a state government or any other body funded by the central or a state government and notified by the central government, may discharge the functions referred to in clauses a to d of that subsection. 3 any person who acts in contravention of any provision of subsection 2 shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 1. ins. by act 38 of , s. 5 w.e.f. .

section 10. of the rehabilitation council of india act : 1 on and from the date of the constitution of the council, the rehabilitation council shall stand dissolved and on such dissolution, a all properties and assets, movable and immovable, of, or belonging to, the rehabilitation council shall vest in the council b all the rights and liabilities of the rehabilitation council shall be transferred to, and be the rights and liabilities of, the council c without prejudice to the provisions of clause b, all liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the rehabilitation council immediately before that date, for or in connection with the purposes of the said rehabilitation council shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the council d all sums of money due to the rehabilitation council immediately before that date shall be deemed to be due to the council e all suits and other legal proceedings instituted or which could have been instituted by or against the rehabilitation council immediately before that date may be continued or may be instituted by or against the council and f every employee holding any office under the rehabilitation council immediately before that date shall hold his office in the council by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office as if the council had not been constituted and shall continue to do so as an employee of the council or until the expiry of a period of six months from that date if such employee opts not to be the employee of the council within such period. 2 notwithstanding anything contained in the industrial disputes act, 14 of or any other law for the time being in force, absorption of any employee by the council in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other authority. explanation.in this section, rehabilitation council means the rehabilitation council, a society formed and registered under the societies registration act, 21 of and functioning as such immediately before the constitution of the council.

section 14. of the rehabilitation council of india act : show related subordinates every university or institution in india which grants a recognised qualification shall furnish such information as the council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.

section 17. of the rehabilitation council of india act : 1 when upon report by the inspector or the visitor it appears to the council a that the courses of study and examination to be undergone in or the proficiency required from candidates at any examination held by any university or institution, or b that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such university or institution, do not conform to the standard prescribed by the council, the council shall make a representation to that effect to the central government. 2 after considering such representation, the central government may send it to the university or institution with an intimation of the period within which the university or institution may submit its explanation to that government. 3 on the receipt of the explanation or where no explanation is submitted within the period fixed then, on the expiry of that period, the central government after making such further inquiry, if any, as it may think fit, may, by notification, direct that an entry shall be made in the schedule against the said recognised rehabilitation qualification declaring that it shall be the recognised rehabilitation qualification only when granted before a specified date or that the said recognised rehabilitation qualification if granted to students of a specified university or institution shall be recognised rehabilitation qualification only when granted before a specified date, or as the case may be, that the said recognised rehabilitation qualification shall be recognised rehabilitation qualification in relation to a specified university or institution only when granted after a specified date.

section 16. of the rehabilitation council of india act : 1 the council may appoint such number of visitors as it may deem requisite to inspect any university or institution wherein education for rehabilitation professionals is given or attend any examination for the purpose of granting recognised rehabilitation qualifications. 2 any person, whether he is a member of the council or not, may be appointed as a visitor under subsection 1 but a person who is appointed as an inspector under subsection 1 of section 15 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination. 3 the visitor shall not interfere with the conduct of any training or examination but shall report to the chairperson on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education to the rehabilitation professionals or on sufficiency of every examination which they attend. 4 the report of a visitor shall be treated as confidential unless in any particular case the chairperson otherwise, directs: provided that if the central government requires a copy of the report of a visitor, the council shall furnish the same.

section 22. of the rehabilitation council of india act : show related subordinates 1 where the name of any person has been removed from the register on any ground other than that he is not possessed of the requisite rehabilitation qualifications, he may appeal, in the prescribed manner and subject to such conditions, including conditions as to the payment of a fee, as may be prescribed to the central government whose decision thereon shall be final. 2 no appeal under subsection 1 shall be admitted if it is preferred after the expiry of a 1period of sixty days from the date of the order under subsection 3 of section 21: provided that an appeal may be admitted after the expiry of the said 1period of sixty days if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the said period. 1. subs. by act 38 of , s. 7, for period of thirty days w.e.f. .

section 18. of the rehabilitation council of india act : the council may prescribe the minimum standards of education required for granting recognised rehabilitation qualification by universities or institutions in india.

section 25. of the rehabilitation council of india act : notwithstanding anything contained in the code of criminal procedure, 2 of , no court shall take cognizance of an offence punishable under this act except upon a complaint, in writing, made by any person authorised in this behalf by the council.

section 19. of the rehabilitation council of india act : the membersecretary of the council may, on receipt of an application made by any person in the prescribed manner enter his name in the register provided that the membersecretary is satisfied that such person possesses the recognised rehabilitation qualification: 1provided that the council shall register vocational instructors and other personnel working in the vocational rehabilitation centres under the ministry of labour on recommendation of that ministry and recognise the vocational rehabilitation centres as manpower development centres: provided further that the council shall register personnel working in national institutes and apex institutions on disability under the ministry of social justice and empowerment on recommendation of that ministry and recognise the national institutes and apex institutions on disability as manpower development centres. 1. ins. by act 38 of , s. 6 w.e.f. .

section 21. of the rehabilitation council of india act : show related subordinates 1 the council may prescribe standards of professional conduct and etiquette and a code of ethics for rehabilitation professionals. 2 regulations made by the council under subsection 1 may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any other law for the time being in force. 3 the council may order that the name of any person shall be removed from the register where it is satisfied, after giving that person a reasonable opportunity of being heard, and after such further inquiry, if any, as it may deem fit to make, i that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact ii that he has been convicted of any offence or has been guilty of any infamous conduct in any professional respect, or has violated the standards of professional conduct and etiquette or the code of ethics prescribed under subsection 1 which, in the opinion of the council, renders him unfit to be kept in the register. 4 an order under subsection 3 may direct that any person whose name is ordered to be removed from the register shall be ineligible for registration under this act either permanently or for such period of years as may be specified.

section 26. of the rehabilitation council of india act : no suit, prosecution or other legal proceeding shall lie against the central government, council, chairperson, members, membersecretary or any officer or other employee of the council for anything which is in good faith done or intended to be done under this act.

section 20. of the rehabilitation council of india act : subject to the conditions and restrictions laid down in this act regarding engagement in the area of rehabilitation of the handicapped by persons possessing the recognised rehabilitation qualifications, every person whose name is for the time being borne on the register shall be entitled to practise as a rehabilitation professional in any part of india and to recover in due course of law in respect of such practice any expenses, charges in respect of medicaments or other appliances or any fees to which he may be entitled.

section 23. of the rehabilitation council of india act : 1 it shall be the duty of the membersecretary to keep and maintain the register in accordance with the provisions of this act and any order made by the council and from time to time to revise the register and publish it in the official gazette. 2 the register shall be deemed to be a public document within the meaning of the indian evidence act, 1 of and may be proved by a copy thereof.

section 24. of the rehabilitation council of india act : 1 the council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the central government as that government may require. 2 the central government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it by the council under this section or under section 16.

section 30. of the rehabilitation council of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 27. of the rehabilitation council of india act : the chairperson, members, membersecretary, officers and other employees of the council shall, while acting or purporting to act in pursuance of the provisions of this act or of any rule and regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 29. of the rehabilitation council of india act : show related subordinates the council may, with the previous sanction of the central government, make, by notification, regulations generally to carry out the purposes of this act, and without prejudice to the generality of the foregoing power, such regulations may provide for a the management of the property of the council b the maintenance and audit of the accounts of the council c the resignation of members of the council d the powers and duties of the chairperson e the rules of procedure in the transaction of business under subsection 3 of section 4 f the function of the executive committee and other committees, constituted under section 7 g the powers and duties of the membersecretary under subsection 1 of section 8 h the qualifications, appointment, powers and duties of, and procedure to be followed by, inspectors and visitors i the courses and period of study or of training, to be undertaken, the subjects of examination and standards of proficiency therein to be obtained in any university or any institution for grant of recognised rehabilitation qualification j the standards of staff, equipment, accommodation, training and other facilities for study or training of the rehabilitation professionals k the conduct of examinations, qualifications of examiners, and the condition of the admission to such examinations l the standards of professional conduct and etiquette and code of ethics to be observed by rehabilitation professionals under subsection 1 of section 21 m the particulars to be stated, and proof of qualifications to be given, in application for registration under this act n the manner in which and the conditions subject to which an appeal may be preferred under subsection 1 of section 22 o the fees to be paid on applications and appeals under this act p any other matter which is to be, or may be, prescribed.

section 28. of the rehabilitation council of india act : the central government may, by notification, make rules to carry out the purposes of this act.

section 8. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president.

The Labour Laws (Simplification of Procedure for Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988

section 1. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : show related subordinates 1 this act may be called the labour laws 1simplification of procedure for furnishing returns and maintaining registers by certain establishments act, .. 2 it extends to the whole of india: provided that nothing contained in this act, in relation to the plantations labour act, 69 of shall extend to the state of jammu and kashmir. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states, and any reference in any provision of this act to the commencement of this act shall be construed as a reference to the coming into force of that provision in that state. 1. subs. by s. 3, ibid., for exemption from w.e.f. . 2. 1st may, , vide notification no. g.s.r.436e, dated 10th april, , see gazette of india, extraordinary, part ii, sec. 3i. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : 1 the central government may, if it is of opinion that it is expedient so to do, by notification in the official gazette, amend any form and thereupon such form shall, subject to the provisions of subsection2, be deemed to have been amended accordingly. 2 any notification issued under subsection 1 shall be laid before each house of parliament, if it is sitting as soon as may be after the issue of the notification, and if it is not sitting, within seven days of its reassembly and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people, and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.

section 2. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : in this act, unless the context otherwise requires, a employer, in relation to a scheduled act, which defines such expression, has the same meaning assigned to it in that act, and in relation to any other scheduled act, means the person who is required to furnish returns or maintain registers under that act b establishment has the meaning assigned to it in a scheduled act, and includes i an industrial or other establishment as defined in section 2 of the payment of wages act, 4 of ii a factory as defined in section 2 of the factories act, 63 of iii a factory, workshop or place where employees are employed or work is given out to workers, in any scheduled employment to which the minimum wages act, 11 of , applies iv a plantation as defined in section 2 of the plantations labour act, 69 of , and v a newspaper establishment as defined in section 2 of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act, 45 of c form means a form specified in the second schedule d scheduled act means an act specified in the first schedule and is in force on the commencement of this act in the territories to which such act extends generally, and includes the rules made thereunder e small establishment means an establishment in which not less than ten and not more than 1forty persons are employed or were employed on any day of the preceding twelve months f very small establishment means an establishment in which not more than nine persons are employed or were employed on any day of the preceding twelve months. 1. subs. by act 33 of , s. 4, for nineteen w.e.f.

section 6. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : any employer who fails to comply with the provisions of this act shall, on conviction, be punishable a in the case of the first conviction, with fine which may extend to rupees five thousand and b in the case of any second or subsequent conviction, with imprisonment for a period which shall not be less than one month but which may extend to six months or with fine which shall not be less than rupees ten thousand but may extend to rupees twentyfive thousand, or with both.

section 5. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : the commencement of this act shall not affect a the previous operation of any provision of any scheduled act or the validity, invalidity, effect or consequence of anything done or suffered under that provision, before the relevant period b any right, privilege, obligation or liability already acquired, accrued or incurred under any scheduled act, before the relevant period c any penalty, forfeiture or punishment incurred or inflicted in respect of any offence committed under any scheduled act, before the relevant period d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid, and any such investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeitureor punishment shall be instituted, continued or disposed of, as the case may be, in accordance with that scheduled act. explanation.for the purpose of this section, the expression relevant period means the period during which an establishment is or was a small establishment or a very small establishment under this act.

section 3. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : on and from the commencement of this act, the scheduled acts shall have effect subject to the provisions of this act.

section 4. of the labour laws simplification of procedure for furnishing returns and maintaining registers by certain establishments act : 14. exemption from furnishing or maintaining of returns and registers requires under certain labour laws. 1 notwithstanding anything contained in a scheduled act, on and from the commencement of the labour laws exemption from furnishing returns and maintaining registers by certain establishments amendment act, , it shall not be necessary for an employer in relation to any small establishment or very small establishment to which a scheduled act applies, to furnish the returns or to maintain the registers required to be furnished or maintained under that scheduled act: provided that such employer a furnishes, in lieu of such returns, annual return in form i and b maintains, in lieu of such registers, i registers in form ii and form iii, in the case of small establishments, and ii a register in form iii, in the case of very small establishments, at the work spot: provided further that every such employer shall continue to a issue wage slips in the form prescribed in the minimum wages central rules, made under sections 18 and 30 of the minimum wages act, 11 of and slips relating to measurement of the amount of work done by piecerated workers required to be issued under the payment of wages mines rules, made under sections 13a and 26 of the payment of wages act, 4 of and b file returns relating to accidents under sections 88 and 88a of the factories act, 63 of and sections 32a and 32b of the plantations labour act, 69 of . 2 the annual return in form i and the registers in forms ii and iii and wage slips, wage books and other records, as provided in subsection 1, may be maintained by an employer either in physical form or on a computer, computer floppy, diskette or other electronic media: provided that in case of computer, computer floppy, diskette or other electronic form, a printout of such returns, registers, books and records or a portion thereof is made available to the inspector on demand. 3 the employer or the person responsible to furnish the annual return in form i may furnish it to the inspector or any other authority prescribed under the scheduled acts either in physical form or through electronic mail if the inspector or the authority has the facility to receive such electronic mail. 4 save as provided in subsection 1, all other provisions of a scheduled act, including, in particular, the inspection of the registers by, and furnishing of their copies to, the authorities under that act, shall apply to the returns and registers required to be furnished or maintained under this act as they apply to the returns and registers under that scheduled act. 5 where an employer in respect of an establishment referred to in subsection 1, to whom a scheduled act applies, furnishes returns or maintains the registers as provided in the proviso to subsection 1, nothing contained in that scheduled act shall render him liable to any penalty for his failure to furnish any return or to maintain any register under that scheduled act. 1. subs. by act 33 of , s. 5, for section 4 w.e.f. .

section 8. of the jawaharlal nehru university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the executive council thereon, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall also have the right to cause an inspection to be made by such person or persons as he may direct of the university, its buildings, laboratories and equipment and of any institution maintained by the university, and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in respect of any matter connected with the university. 4 the visitor shall in every case give notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 5 the visitor may address the vicechancellor with reference to the result of such inspection and inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 6 the executive council shall communicate through the vicechancellor to the visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. 7 where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall be bound to comply with such directions. 8 the visitor may by order in writing annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances. 9 the visitor shall also have such other powers as may be prescribed by the statutes.

section 1. of the jawaharlal nehru university act : 1 this act may be called the jawaharlal nehru university act, . 2 it shall come into force on such date1as the central government may, by notification in the official gazette, appoint. 1. 22nd april , vide notification no. s.o., dated 21st april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 6. of the jawaharlal nehru university act : 1 the jurisdiction of the university shall extend to all colleges and recognised institutions. 2 notwithstanding anything contained in clause 13 of section 5, the jawaharlal nehru university shall not grant recognition, either in whole or in part, to any institution which has already been recognised by the university of delhi unless the central government, after consultation with the university of delhi, authorises the jawaharlal nehru university to do so. 3 on and from the date of the recognition either in whole or in part of an institution by the jawaharlal nehru university under sub section 2, the university of delhi shall to the extent of such recognition cease to have jurisdiction over that institution.

section 7. of the jawaharlal nehru university act : notwithstanding anything contained in section 5, a where any institution or body established outside the union territory of delhi seeks recognition from the university, or b where the university establishes and maintains any institution or body outside the union territory of delhi, then the powers and jurisdiction of the university shall extend to such institution or body subject to i the laws in force in the state within which, and ii the rules and regulations of the university within whose jurisdiction, the said institution or body is situated.

section 2. of the jawaharlal nehru university act : in this act, unless the context otherwise requires, a college means a college maintained by the university b hall means a unit of residence, by whatever name called, for students of the university provided, maintained or recognised by it c recognised institution means an institution of higher learning maintained or recognised by, or associated with, the university d prescribed means prescribed by statutes, ordinances or regulations e statutes, ordinances and regulations mean, respectively, the statutes, ordinances and regulations of the university made under this act f university means the jawaharlal nehru university.

section 9. of the jawaharlal nehru university act : 1 there shall be a chancellor appointed in the manner prescribed by the statutes who shall be the head of the university. 2 the chancellor shall, if present, preside at convocation of the university for conferring degrees and all meetings of the court. 3 there shall be a vicechancellor appointed in the manner prescribed by the statutes who shall be the principal executive and academic officer of the university and ex officio chairman of the executive council, academic council and finance committee and he shall, in the absence of the chancellor preside at any convocation for conferring degrees and also at any meeting of the court. 4 there shall be one or more rectors who shall be appointed in such manner and with such powers and duties as may be prescribed by the statutes. 5 there shall be a dean for each school of study who shall be appointed in such manner and with such powers and duties as may be prescribed by the statutes. 6 there shall be a registrar who shall act as secretary of the court, the executive council and the academic council and he shall be appointed in such manner and with such powers and duties as may be prescribed by the statutes. 7 there shall be a finance officer who shall be the secretary of the finance committee and exercise such powers and perform such duties as may be prescribed by the statutes. 8 there shall be such other officers as provided for in the statutes.

section 5. of the jawaharlal nehru university act : the university shall have the following powers, namely: 1 to provide for instruction including the method of correspondence courses in such branches of learning as the university may from time to time determine, and to make provision for research and for the advancement and dissemination of knowledge 2 to establish within the union territory of delhi or outside that territory such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects 3 to organise and to undertake extramural teaching and extension services 4 to hold examinations and grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause 5 to confer honorary degrees or other academic distinctions in the manner laid down in the statutes 6 to create such teaching, administrative and other posts as the university may deem necessary, from time to time, and to make appointments thereto 7 to appoint or recognise persons as professors, readers or lecturers or otherwise as teachers of the university 8 to institute and award fellowships, scholarships, exhibitions and prizes 9 to establish and maintain colleges and halls, to recognise, guide, supervise and control halls not maintained by the university and other accommodation for students, and to withdraw any such recognition 10 to regulate and enforce discipline among students and employees of the university and to take such disciplinary measures in this regard as may be deemed necessary 11 to make arrangements for promoting health and general welfare of students and employees of the university 12 to determine and provide for examinations for admission into the university 13 to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition 14 to cooperate with any other university, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the university for such purposes as may be agreed upon, on such terms and conditions as may, from time to time, be prescribed 15 to enter into any agreement for the incorporation in the university of any other institution and for taking over its rights, properties and liabilities and for any other purpose not repugnant to this act 16 to demand and receive payment of such fees and other charges as may be prescribed, from time to time 17 to receive donations and to acquire, hold, manage and dispose of any property movable or immovable, including trust or endowed property within or outside the union territory of delhi, for the purposes or objects of the university, and to invest funds in such manner as the university thinks fit 18 to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as the university may deem necessary 19 to provide for the printing, reproduction and publication of research and other work which may be issued by the university 20 to borrow, with the approval of the central government, on the security of the university property, money for the purposes of the university 21 to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

section 10. of the jawaharlal nehru university act : the authorities of the university shall be the court, the executive council, the academic council, the schools of studies, the finance committee and such other authorities as may be declared by the statutes to be authorities of the university.

section 3. of the jawaharlal nehru university act : 1 there shall be constituted in the union territory of delhi a university by the name of jawaharlal nehru university. 2 the first chancellor and the first vicechancellor of the university and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of jawaharlal nehru university. 3 the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

section 4. of the jawaharlal nehru university act : the objects of the university shall be to disseminate and advance knowledge, wisdom and understanding by teaching and research and by the example and influence of its corporate life and in particular the objects set out in the first schedule.

section 15. of the jawaharlal nehru university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and duties of the authorities and other bodies of the university, the qualifications and disqualifications for membership of such authorities and other bodies, appointment and removal of members thereof and other matters connected therewith b the appointment, powers and duties of the officers of the university c the appointment, terms and conditions of service and the powers and duties of the employees of the university d the terms and conditions under which institutions may be associated with the university e the administration of the university, the establishment and abolition of colleges, institutions and halls, the grant and withdrawal of recognition to institutions, the institution of fellowships, awards and the like, the conferment of degrees and other academic distinctions and the grant of diplomas and certificates f any other matter which is necessary for the proper and effective management and conduct of the affairs of the university and which by this act is to be or may be provided by the statutes.

section 11. of the jawaharlal nehru university act : 1 the court shall be the supreme authority of the university, and its constitution and the terms of office of its members shall be prescribed by the statutes. 2 the court shall have the power to review the acts of the executive council and the academic council save when these authorities have acted in accordance with the powers conferred upon them under this act, the statutes or the ordinances and shall exercise all the powers of the university not otherwise provided for by this act or the statutes: provided that the power of review under this subsection shall not be exercised except by a majority of the total membership of the court and by a majority of not less than twothirds of the members of the court present and voting.

section 12. of the jawaharlal nehru university act : 1 the executive council shall be the executive body of the university, and its constitution and the terms of office of its members, other than ex officio members, shall be prescribed by the statutes. 2 it shall be in charge of the general management and administration including the revenue and property of the university.

section 18. of the jawaharlal nehru university act : show related subordinates 11 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes. 2 2 every statute, ordinance or regulation made under this act shall be published in the offical gazette. 3 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 1. section 18 renumbered as subsection 1 thereof by act 4 of , s. 2 and schedule w.e.f.. 2. ins. by s. 2 and the schedule, ibid. w.e.f..

section 13. of the jawaharlal nehru university act : 1 the academic council shall be the academic body of the university, and its constitution and the terms of office of its members, other than ex officio members, shall be prescribed by the statutes. 2 the academic council shall, subject to the provisions of this act, the statutes and the ordinances, have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examination within the university, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes.

section 14. of the jawaharlal nehru university act : 1 there shall be constituted an academic advisory committee of the university which shall advise generally on the planning and development of the university and keep under review the standard of education and research in the university. 2 the committee shall consist of a not more than seven persons of high academic standing who shall be appointed in such manner as may be prescribed by the statutes, and b the vicechancellor. 3 the visitor may determine a date with effect from which the academic advisory committee shall stand dissolved.

section 20. of the jawaharlal nehru university act : 1 the accounts of the university shall, once at least in every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india, or any person authorised by him in this behalf. 2 the accounts, when audited shall be published in the gazette of india, and a copy of the accounts together with the audit report shall be submitted by the registrar to the visitor and to the court. 1 3 a copy of the accounts, together with the audit report, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by s. 7, ibid. w.e.f. .

section 16. of the jawaharlal nehru university act : show related subordinates 1 the first statutes are those set out in the second schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided: provided that the executive council shall not make any statute or any amendment of a statute affecting the status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed shall be in writing and shall be considered by the executive council: provided further that no statute shall be made by the executive council affecting the discipline of students, and standards of instruction, education and examination except after consultation with the academic council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the approval of the visitor who may assent thereto or withhold assent on remit to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor.

section 24. of the jawaharlal nehru university act : no act or proceedings of any authority or other body of the university shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

section 17. of the jawaharlal nehru university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of fellowships, awards and the like b the conduct of examinations, including the terms of office and appointment of examiners, and the conditions of residence of students and their general discipline c the management of colleges and institutions maintained by the university d any other matter which by this act or the statutes is to be or may be provided by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 19. of the jawaharlal nehru university act : 1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or before such date as may be prescribed by the statutes and shall be considered by the court at its annual meeting. 2 the court may communicate its comments thereon to the executive council. 13 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by act 25 of , s. 6 w.e.f. .

section 26. of the jawaharlal nehru university act : notwithstanding anything contained in this act and the statutes a the first chancellor, members of the court, the executive council and the academic council shall be nominated by the visitor and shall hold office for a term of three years b the first vicechancellor shall be appointed by the visitor and he shall hold office for a term of five years.

section 21. of the jawaharlal nehru university act : if any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 27. of the jawaharlal nehru university act : in the delhi university act, , in subsection 2 of section 5, after the words for the time being in force, the words and figures but subject to the provisions contained in the jawaharlal nehru university act, shall be inserted.

section 22. of the jawaharlal nehru university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 23. of the jawaharlal nehru university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant, and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 25. of the jawaharlal nehru university act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty.

section 7. of the oilfields regulation and development act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of modifying or altering the terms and conditions of any mining lease granted prior to the commencement of this act so as to bring such lease into conformity with the rules made under sections 5 and 6: provided that any rules so made which provide for the matters mentioned in clause c of subsection2 shall not come into force until they have been approved, either with or without modifications, by 1the house of the people. 2 the rules made under subsection 1 shall provide a for giving previous notice of the modification or alteration proposed to be made thereunder to the lessee, and where the lessor is not the central government, also to the lessor, and for affording them an opportunity of showing cause against the proposal b for the payment of compensation by the party who would be benefited by the proposed modification or alteration to the party whose right under the existing lease would thereby be adversely affected and c for the principles on which, the manner in which and the authority by which the said compensation shall be determined. 1.subs. by the a. o. , for the central legislature.

section 1. of the oilfields regulation and development act : show related subordinates 1 this act may be called the1oilfields regulation and development act, . 22 it extends to the whole of india3 . 3 it shall come into force on such date4 as the central government may, by notification in the official gazette, appoint in this behalf. 1. subs. by s. 32 and the third schedule, ibid., for mines and minerals w.e.f. . 2. subs. by the a.o. , for subsection 2. 3. the words except the state of jammu and kashmir omitted by act 67 of , s. 32 and the third schedule,w.e.f. 16 . 4. 25th october, see notification no. mii155 24i, dated 18th october , gazette of india, extraordinary, .

section 2.. of the oilfields regulation and development act : declaration as to expediency of control by central government.mitted by the mines and minerals regulation and development act, 67 of , s. 32 and the third schedule w.e. f. .

section 6a. of the oilfields regulation and development act : 16a. royalties in respect of mineral oils.1 the holders of a mining lease granted before the commencement of the oilfields regulation and development amendment act, 39 of shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any mineral oil mined, quarried, excavated or collected by him from the leased area after such commencement, at the rate for the time being specified in the schedule in respect of that mineral oil. 2 the holder of a mining lease granted on or after the commencement of the oilfields regulation and development amendment act, 39 of shall pay royalty in respect of any mineral oil mined, quarried, excavated or collected by him from the leased area at the rate for the time being specified in the schedule in respect of that mineral oil. 3 notwithstanding anything contained in subsection 1 or subsection 2, no royalty shall be payable in respect of any crude oil, casinghead condensate or natural gas which is unavoidably lost or is returned to the reservoir or is used for drilling or other operations relating to the production of petroleum, or natural gas, or both 24 the central government may, by notification in the official gazette, amend the schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral oil with effect from such date as may be specified in the notification and different rates may be notified in respect of same mineral oil mined, quarried, excavated or collected from the areas covered by different classes of mining leases: provided that the central government shall not fix the rates of royalty in respect of any mineral oil so as to exceed twenty per cent.of the sale price of the mineral oil at the oilfields or the oil wellhead, as the case may be. 5 if the central government, with a view to encourage exploration in offshore areas, is satisfied that it is necessary in the public interest so to do, it may, by notification in the official gazette, exempt generally, either absolutely or subject to such conditions as may be specified in the notification, mineral oil produced from such areas from the whole or any part of the royalty leviable thereon. 1. ins. by act 39 of , s. 3, w.e.f. . 2. subs. by act 29 of , s. 2 w.e.f.

section 8. of the oilfields regulation and development act : the central government may, by notification in the official gazette, direct that any power exercisable under this act shall be exercised,subject to such conditions, if any, as may be specified therein by such officer or authority as may be specified in the direction.

section 3. of the oilfields regulation and development act : in this act, unless there is anything repugnant in the subject or context, a the expressions lessor and lessee respectively include a licensor and licensee b mine means any excavation for the purpose of searching for or obtaining 1mineral oils and includes an oilwell c 1mineral oils include natural gas and petroleum d mining lease means a lease granted for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of 1mineral oils or for purposes connected therewith, and includes an exploring or a prospecting license e oilfield means any area where any operation for the purpose of obtaining natural gas and petroleum, crude oil, refined oil, partially refined oil and any of the products of petroleum in a liquid or solid state, is to be or is being carried on. 1. subs. by s. 32 and the third schedule,ibid., for minerals w.e.f. .

section 5. of the oilfields regulation and development act : show related subordinates 1 the central government may, by notification in the official gazette, make rulesfor regulating the grant of mining leases or for prohibiting the grant of such leases in respect of any1mineral oil or in any area. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which, the 1mineral oils or areas in respect of which and the persons by whom, applications for mining leases may be made and the fees to be paid on any such application b the authority by which, the terms on which, and the conditions subject to which, mining leases may be granted c the maximum or minimum area and the period for which any mining lease may be granted, and the terms on which leases in respect of contiguous areas may be amalgamated d the fixing of the maximum and minimum rent payable by a lessee, whether the mine is worked or not. 1. subs. by act 67 of , s. 32 and the third schedule, for minerals w.e.f..

section 9. of the oilfields regulation and development act : 1 any rule made under any of the provisions of this act may provide that any contravention thereof shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both. 2 whoever, after having been convicted of any offence referred to in subsection 1, continues to commit such offence shall be punishable for each day after the date of the first conviction during which he continues so to offend, with fine which may extend to one hundred rupees.

section 4. of the oilfields regulation and development act : 1 no mining lease shall be granted after the commencementof this act otherwise than in accordance with the rules made under this act. 2 any mining lease granted contrary to the provisions of subsection 1 shall be void and of no effect.

section 11. of the oilfields regulation and development act : 1 for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine or for any other purpose mentioned in this act or the rules made thereunder, any officer authorised by the central government in this behalf shall have the right to a enter and inspect any mine b order the production of any document, book, register or record in the possession or power of any person having the control of, or connected with, any mine c examine any person having the control of, or connected with, any mine. 2 any officer authorised by the central government under subsection 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 6. of the oilfields regulation and development act : show related subordinates 1 2 in particular, and without prejudice to the generality of the foregoing power,such rules may provide for all or any of the following matters, namely: 1 c the development of any 2mineral oil resources in any area byprescribing or regulating the use use of any engines, machinery or other equipment d the regulation of drilling, redrilling, deepening, shutting down, plugging andabandoning of oilwells in an oilfield and for the limitation or prohibition ofsuch operations and for the taking of remedial measures to prevent waste of ordamage to oil e the regulation of the methods of producing oil in any oilfield, and thelimitation or prohibition of such methods f the compulsory notification of all new borings and shaft sinkings, and thepreservation of boring records and specimens of cores of all new boreholes g the taking of samples from mines and new boreholes 1 3i the collection of royalties, and the levy and collection of fees or taxes, inrespect of mineral oils mined, quarried, excavated or collected j the submission by the owners or lessees of mines of special or periodicalreturns and reports, and the forms in which and the authorities to whom suchreturns and reports shall be submitted. 1. 2.omitted by s. 32 and the third schedule, ibid,w.e.f.. 2. subs. by s. 32 and the third schedule, ibid., for mineral resources w.e.f.. 3. subs. by act 39 of , s. 2, for clause iw.e.f. .

section 14. of the oilfields regulation and development act : no suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 10. of the oilfields regulation and development act : 110. laying of rules and notifications.every rule made under this act and every notification issued 2under subsection 4 or subsection 5 or section 6a shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. subs. by act 20 of , s. 3, for the original section10. 2. subs. by act 29 of , s. 3 w.e.f. .

section 13. of the oilfields regulation and development act : 113. act to be binding on the government.the provisions of this act shall be binding on the government. 1. subs. bythe a.o. ,fors.13 w.e.f. .

section 12. of the oilfields regulation and development act : the central government may, if satisfied that it is in the public interest so to do, authorise in any case the granting of any mining lease, or the working of any mine on terms and conditions different from those laid down in the rules made under sections 5 and 6.

section 7. of the territorial army act : 1 no officer or enrolled person shall be required to perform military service beyond the limits of india save under a general or special order of the central government. 2 subject to the provisions of subsection 1, every officer or enrolled person shall, subject to such conditions as may be prescribed, be bound to serve in any unit of the territorial army to which he is for the time being attached, and shall be subject to all the rules made under this act in relation to such unit. 3 every officer or enrolled person shall be liable to perform military service, a when called out in the prescribed manner to act in support of the civil power or to provide essential guards b when embodied in the prescribed manner for training or for supporting or supplementing the regular forces and c when attached to any regular forces either at his own request or under the prescribed conditions.

section 1. of the territorial army act : 1 this act may be called the territorial army act, . 2 it extends to the whole of india 1 and applies to all classes of persons in the territorial army, wherever they may be. 1. the words except the state of hyderabad omitted by act 3 of , s. 3 and the schedule.

section 2. of the territorial army act : in this act, unless there is anything repugnant in the subject or context, a enrolled means enrolled in the territorial army under the provisions of this act b officer means an officer of any of the two classes specified in section 5 c noncommissioned officer means a person holding a noncommissioned rank in the territorial army, and includes an acting noncommissioned officer d prescribed means prescribed by rules made under this act 1dd public utility service means any undertaking which supplies power, light, gas or water to the public, or carries on a public transport, or maintains any system of public conservancy or sanitation and which is declared, by notification in the official gazette, by the central government to be a public utility service to which this act applies: provided that no such modification shall be issued unless the central government is satisfied that, having regard to the needs of the territorial army, the persons employed in any such public utility service should, in the public interest, be made compulsorily liable for service in that army under this act e the expression 2regular army means officers and other ranks who, by their commission, terms of enrolment or otherwise, are liable to render continuously for a term military service under 3the army act, 46 of and f all words and expressions used herein and defined in 3the army act, 46 of , and not hereinbefore defined, shall be deemed to have the meanings respectively attributed to them by that act. 1. ins. by act 92 of , s. 2. 2. subs. by the a.o. , for regular forces. 3. subs. by act 3 of , s. 3 and the schedule, for the indian army act, .

section 7a. of the territorial army act : 17a. reinstatement in civil employ of persons required to perform military service.1 it shall be the duty of every employer by whom a person who is required to perform military service under section 7 was employed to reinstate him in his employment on the termination of the military service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted: provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order a exempting the employer from the provisions of this section, or b requiring him to reemploy such person on such terms as he thinks suitable, or c requiring him to pay to such person by way of compensation for failure or inability to reemploy a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer. 2 if any employer fails to obey the order of any such authority as is referred to in the proviso to subsection 1, he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him if he has not already been so required by the said authority to pay to the person whom he has failed to reemploy a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. 3 in any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of his military service. 4 the duty imposed by subsection 1 upon an employer to reinstate in his employment a person such as is described in that subsection shall attach to an employer who, before such person is actually required to perform military service under section 7, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that subsection, and such intention shall be presumed until the contrary is proved if the termination takes place after the issue of orders requiring him to perform military service under this act. 1. ins. by act 33 of , s. 2

section 3. of the territorial army act : 1 there shall be raised and maintained in the manner hereinafter provided an army to be designated the territorial army. 2 the central government may constitute such number of units of the territorial army as it thinks fit and may disband or reconstitute any unit so constituted.

section 6a. of the territorial army act : 16a. liability of certain persons for compulsory service in the territorial army.1 without prejudice to the provision contained in section 6, every person employed under the government or in a public utility service who has attained the age of twenty years but has not completed the age of forty years shall, subject to the other provisions contained in this section and subject to such rules as may be made in this behalf, be liable, when so required to do, to perform service in the territorial army. 2 where it appears to the prescribed authority that, having regard to the strength of the territorial army or of any unit thereof in any area or place or, having regard to the exigencies of service in the territorial army, it is necessary that persons compulsorily liable to perform service in the territorial army under subsection 1 should be called upon for such service, the prescribed authority may call upon such number of persons as he thinks fit for the purpose of performing service in the territorial army. 3 in requisitioning the services of any persons under subsection 2, the prescribed authority shall have regard to the age, physical fitness, qualifications and experience of the persons to be called upon for service and the nature of the work previously performed by them while employed under the government or in the public utility service, and the work to be performed by them in the territorial army. 4 every person liable to perform service under subsection 1 shall, if so required by the prescribed authority, be bound to fill up such norms as may be prescribed and sign and lodge them with the prescribed authority within such time as may be specified in the requisition. 5 the prescribed authority may require any person incharge of the management of a public utility service to furnish within such time as may be specified in the requisition such particulars as may be prescribed with respect to persons employed under him, who may be liable to perform service under subsection 1. 6 any person whose services are requisitioned under this section may be required to join the territorial army as an officer or as an enrolled person according to the rules made in this behalf by the central government, and where any person has so jointed the territorial army, he shall be entitled to the same rights and privileges and be subject to the same liabilities as an officer or enrolled person under the provisions of this act. explanation.for the purposes of this section, the expression person employed under the government or in a public utility service shall not include a a woman b a member of the regular army, the navy or the air force or a member of any reserve force c a person who is not a citizen of india d a person employed under the government in any country or place outside india for so long as he is so employed and e any other persons as may be exempted from the operation of this act by the central government, by notification in the official gazette, on the ground that, having regard to the nature of the service performed by such persons or to the exigencies of the service in which they are employed, it is, in the opinion of the central government, expedient in the public interest that they should not be liable to perform service under this act. 1. ins. by act 92 of , s. 3.

section 4. of the territorial army act : there shall be the following classes of persons in the territorial army, namely, a officers and b enrolled persons.

section 6. of the territorial army act : 1any person who is a citizen of india may offer himself for enrolment in the territorial army, and may, if he satisfies the prescribed conditions, be enrolled for such period and subject to such conditions as may be prescribed. 1. subs.,ibid., for any person domiciled in india.

section 5. of the territorial army act : officers in the territorial army shall be of the two following classes, namely, a officers holding commissions in the territorial army granted by the president with designations of rank corresponding to those of indian commissioned officers 1of the regular army and b junior commissioned officers holding commissions in the territorial army granted by the president with designations of rank corresponding to those of 2junior commissioned officers of the regular army. 1. ins. by the a.o. . 2. subs., ibid., for viceroys commissioned officers.

section 7b. of the territorial army act : 17b. preservation of certain rights of persons required to perform military service.when any person required to perform military service under section 7 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in military service and if he is reinstated, until such reinstatement under the provisions of this act, to have in respect of such fund or scheme such rights as may be prescribed. 1. ins. by act 33 of , s. 2.

section 13. of the territorial army act : for the purposes of sections 128, 130 and 131 of the code of criminal procedure, 5 of , all officers, noncommissioned officers and other enrolled persons who have been attached to a unit shall be deemed to be officers, noncommissioned officers and soldiers for respectively of 1the regular army. 1. subs. by the a.o. , for regular forces.

section 8. of the territorial army act : every person enrolled under this act shall be entitled to receive his discharge from the territorial army on the expiration of the period for which he was enrolled and any such person may, prior to the expiration of that period, be discharged from the said army by such authority and subject to such conditions as may be prescribed: provided that no enrolled person who is for the time being engaged in military service under the provisions of this act, shall be entitled to receive his discharge before the termination of such service.

section 9. of the territorial army act : 1 every officer, when doing duty as such officer, and every enrolled person when called out or embodied or attached to 1the regular army, shall, subject to such adaptations and modifications as may be made therein by the central government by notification in the official gazette, be subject to the provisions of 2the army act, 46 of , and the rules or regulations made thereunder in the same manner and to the same extent as if such officer or enrolled person held the same rank in 3the regular army as he holds for the time being in the territorial army. 2 when an offence punishable under 2the army act, 46 of , has been committed by any person whilst subject to that act under the provisions of subsection 1 such person may be taken into and kept in military custody and tried and punished for such offence as aforesaid in like manner as he might have been taken into and kept in military custody, tried and punished if he had continued to be so subject. 1. subs. by the a.o. , for any regular forces. 2. subs. by act 3 of , s. 3 and the schedule, for the indian army act, . 3. subs. by the a.o. , for the regular forces.

section 10. of the territorial army act : in addition to, or in substitution for, any punishment or punishments to which he may be liable under 1the army act, 46 of , any enrolled person may be punished either by a criminal court or summarily by order of the prescribed authority for any offence under that act or for the contravention of any of the provisions of this act or of any rules made thereunder with fine which may extend to one hundred rupees to be recovered in such manner and by such authority as may be prescribed: provided that no fine shall be summarily inflicted by order of the prescribed authority in any case in which the accused claims to be tried by a criminal court. 1. subs. by act 3 of , s. 3 and the schedule, for the indian army act, .

section 11. of the territorial army act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence made punishable by or under this act.

section 12. of the territorial army act : where an enrolled person is required by or in pursuance of any rule made under this act to attend at any place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend failed to do so in accordance with such requirement shall, without proof of the signature or appointment of such officer, be evidence of the matters stated therein.

section 10a. of the territorial army act : 110a. punishment for failure to lodge forms duly filled up, etc.if any person fails without sufficient cause a to comply with any requisition under subsection 4 or subsection 5 of section 6a, or b to report himself for service when so required to do by the prescribed authority under subsection 2 of that section, or c to submit himself to medical or other examination when so called upon to do by the prescribed authority under rules made under this act. he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both. 1. ins. by act 92 of , s. 4.

section 14. of the territorial army act : show related subordinates 1 the central government may make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may 1a prescribe the form under subsection 4 of section 6a, the particulars that should be furnished therein and which, and the period within which, the form should be lodged aa prescribe the procedure for requiring persons liable for compulsory service in the territorial army to be medically or otherwise examined with a view to determining whether they satisfy the conditions imposed under this act 2aaa prescribe the manner in which, and the period for which and the conditions subject to which any person may be enrolled under this act 3or may be required to perform compulsory service is the territorial army b prescribe the manner in which and the conditions subject to which officers and enrolled persons may be called out for service, or embodied for training or for supporting or for supplementing 4the regular army or attached to 5the regular army c prescribe preliminary and periodical military training, compulsory and voluntary, for any enrolled person and provide for the embodiment of any unit for that purpose d define the manner in which and the conditions under which any enrolled person may be excused from training 6dd specify the authority for the purpose of the proviso to subsection 1 of section 7a and the manner in which any inquiry may be held by him ddd define the rights under section 7b e prescribe the authorities by which and the conditions subject to which enrolled persons may be discharged under section 8 f prescribe the authorities by which offences under this act may be punished and the fine inflicted may be recovered g prescribe the officers by whom certificates may be signed under section 12 h generally provide for any other matter which under this act is to be or may be prescribed. 73 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 92 of , s. 5. 2. clause a was relettered as aaa by s. 5, ibid. 3. ins. by s. 5, ibid. 4. subs. by the a.o. , for the regular forces. 5. subs., ibid., for any regular forces. 6. ins. by act 33 of , s. 3. 7. ins. by act 53 of , s. 2.

section 15. of the territorial army act : repeal of act xlviii of . rep. by the repealing and amending act, 35 of , s. 2 and the schedule.

section 8. of the calcutta metro railway operation and maintenance temporary provisions act : 1 if, in contravention of subsection 1 of section 7, a person takes or causes to be taken any offensive goods upon the metro railway, he shall be punishable with fine which may extend to five hundred rupees. 2 if, in contravention of subsection 1 of section 7, a person takes or causes to be taken any dangerous goods upon the metro railway, he shall be punishable with imprisonment for a term which may extend to four years and with fine which may extend to five thousand rupees. 3 in addition to the penalties specified in subsection 1 or subsection 2, a person taking or causing to be taken any offensive goods or dangerous goods upon the metro railway shall be responsible also for any loss, injury or damage which may be caused by reason of such goods having been so brought upon the metro railway.

The Calcutta Metro Railway (Operation and Maintenance) Temporary Provisions Act, 1985

section 1. of the calcutta metro railway operation and maintenance temporary provisions act : 1 this act may be called the calcutta metro railway operation and maintenance temporary provisions act, . 2 it shall be deemed to have come into force on the 22nd day of october, . 3 it shall apply to the metropolitan city of calcutta.

section 7. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no person shall take or cause to be taken any dangerous or offensive goods upon the metro railway. 2 if any metro railway official has reason to believe that any such goods are contained in a package in the custody of any passenger, he may cause the package to be opened for the purpose of ascertaining its contents.

section 2. of the calcutta metro railway operation and maintenance temporary provisions act : 1 in this act, unless the context otherwise requires, a calcutta metro railway administration or metro railway administration means the general manager of the metro railway appointed under section 3 of the construction act b commissioner means a commissioner of the metro railway appointed under section 27 of the construction act c construction act means the metro railways construction of works act, 33 of d metro railway means such portion of the metro railway constructed in the metropolitan city of calcutta under the provisions of the construction act as may, for the time being, be available for public carriage of passengers, and includes i all land within the boundary marks indicating the limits of the land appurtenant to the metro railway ii all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, the metro railway iii all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, the metro railway e prescribed means prescribed by rules made under this act. 2 all other words and expressions used herein and not defined but defined in the indian railways act, 9 of , or the metro railways construction of works act, 33 of , shall have the meanings, respectively, assigned to them in those acts.

section 9. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no person shall smoke in any compartment or carriage of the metro railway or in any underground metro railway station. 2 whoever contravenes the provisions of subsection 1 shall be punishable with fine which may extend to two hundred and fifty rupees. 3 if any person persists in so smoking after being warned by any metro railway official to desist, he may, in addition to incurring the liability mentioned in subsection 2, be removed from the compartment or carriage in which he is travelling or from the underground station at which he may be found smoking by any metro railway official authorised by the metro railway administration in this behalf.

section 11. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no demonstration of any kind whatsoever shall be held on any part of the metro railway or other premises thereof and it shall be open to the metro railway administration to exclude from such premises any person attending such demonstrations whether or not he is in possession of a pass or ticket entitling him to be in the said premises. 2 no person shall paste or put up any poster or write or draw anything or matter in any compartment or carriage of the metro railway, or any premises thereof, without any lawful authority and any person found engaged in doing any such act may be removed from the compartment, carriage or premises by any metro railway official authorised by the metro railway administration in this behalf. 3 whoever contravenes any of the provisions of subsection 1 or subsection 2, or being asked by any metro railway official to leave any compartment, carriage or premises refuses to do so, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 6. of the calcutta metro railway operation and maintenance temporary provisions act : it shall not be necessary for the metro railway administration to reserve any compartment in any train for the exclusive use of females.

section 12., of a train. of the calcutta metro railway operation and maintenance temporary provisions act : if any passenger travels on the roof of a train or persists in travelling in any part of a train not intended for the use of passengers or projects any part of his body out of a train after being warned by any metro railway official to desist, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both, and shall also be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf.

section 3. of the calcutta metro railway operation and maintenance temporary provisions act : 1 subject to the other provisions of this act, the calcutta metro railway administration shall be responsible for the operation and maintenance of the metro railway. 2 the calcutta metro railway administration may, for the efficient performance of its functions under this act, appoint such officers and other employees as it considers necessary on such terms and conditions of service as may be prescribed.

section 5. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no person shall, while travelling in the metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding such volume and weight as may be prescribed. 2 where any person travels in the metro railway in contravention of the provisions of subsection 1, he shall, notwithstanding that he holds a valid pass or ticket for any travel in such railway, be liable to be removed from the train by any metro railway official authorised by the metro railway administration in this behalf or by any other person whom such metro railway official may call to his aid.

section 13. of the calcutta metro railway operation and maintenance temporary provisions act : 1 if a person enters into or upon the metro railway without any lawful authority or having entered with lawful authority remains there unlawfully and refuses to leave on being requested to do so by any metro railway official, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. 2 if any person walks on the metro railway line without any lawful authority, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 4. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no metro railway shall be opened for the public carriage of passengers except with the previous sanction of the central government. 2 before giving its sanction under subsection 1, the central government shall, after considering the report given whether before or after the commencement of this act by the commissioner under clause a of subsection 2 of section 27 of the construction act and other relevant factors, satisfy itself that the metro railway can be opened without danger to the public using it. 3 a sanction given under this section may be either absolute or subject to such conditions as the central government thinks necessary for the safety of the public. 4 where any sanction for the opening of the metro railway under this section is given subject to any conditions, such railway shall not be worked or used until such conditions are fulfilled to the satisfaction of the central government.

section 14. of the calcutta metro railway operation and maintenance temporary provisions act : if any metro railway official, when on duty, endangers the safety of any passenger, a by any rash or negligent act or omission or b by disobeying any rule or order which such official was bound by the terms of his employment to obey, and of which he had notice, he shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to six thousand rupees, or with both.

section 10. of the calcutta metro railway operation and maintenance temporary provisions act : 1 if any person, a is in a state of intoxication or b commits any nuisance or act of indecency, or uses obscene or abusive language or c wilfully or without excuse interferes in any way with the comfort of any passenger, in any carriage or upon any part of the metro railway, he shall be punishable with fine which may extend to two hundred and fifty rupees and shall also be liable to forfeiture of the fare which he may have paid or any pass or ticket which he may have obtained or purchased, or be removed from such carriage or part by any metro railway official authorised by the metro railway administration in this behalf. 2 if any metro railway official is in a state of intoxication while on duty, he shall be punishable with fine which may extend to two hundred and fifty rupees, or, where the improper performance of the duty would be likely to endanger the safety of any passenger travelling or being upon the metro railway, with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.

section 15., without authority. of the calcutta metro railway operation and maintenance temporary provisions act : if any metro railway official, when on duty, is entrusted with any responsibility connected with the running of a train, or any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place, without authority or without properly handing over such train or rolling stock to another authorised metro railway official, he shall be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.

section 22. of the calcutta metro railway operation and maintenance temporary provisions act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely: a the terms and conditions of service of the officers and other employees of the metro railway administration under subsection 2 of section 3 b the cases in which and the extent to which the procedure specified in section 4 for the opening of the metro railway for public carriage of passengers may be dispensed with c the volume and weight of the baggage containing personal belongings that may be carried by a person while travelling in the metro railway d any other matter which is required to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 16. of the calcutta metro railway operation and maintenance temporary provisions act : if any person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon the metro railway by squatting, picketing, or keeping without authority any rolling stock on the metro railway or tampering with any signalling installations or by interfering with the working mechanism thereof, or otherwise, he shall be liable to be removed by any metro railway official authorised by the metro railway administration in this behalf and shall also be punishable with imprisonment for a term which may extend to four years, or with fine which may extend to five thousand rupees, or with both.

section 17. of the calcutta metro railway operation and maintenance temporary provisions act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 18., made thereunder to the metro railway. of the calcutta metro railway operation and maintenance temporary provisions act : save as otherwise expressly provided in this act, the provisions of the indian railways act, , and the rules, orders or notifications made or issued thereunder shall, so far as may be, and subject to such modifications as may be necessary, apply to the operation and maintenance of the metro railway, as if such metro railway were a railway as defined under that act, and the references to railway administration and inspector in that act shall be construed as references to the metro railway administration and commissioner respectively.

section 19., inconsistent with other enactments. of the calcutta metro railway operation and maintenance temporary provisions act : the provisions of this act or any rule made or any notification issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 21. of the calcutta metro railway operation and maintenance temporary provisions act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act.

section 23. of the calcutta metro railway operation and maintenance temporary provisions act :

section 20. of the calcutta metro railway operation and maintenance temporary provisions act : 1 no suit, prosecution or other legal proceeding shall lie against the central government, the metro railway administration or any officer or other employee of that government or the metro railway administration for anything which is in good faith done or intended to be done under this act. 2 no suit, prosecution or other legal proceeding shall lie against the central government or the metro railway administration or any officer or other employee of that government or the metro railway administration for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 8. of the building and other construction workers welfare cess act : if any employer fails to pay any amount of cess payable under section 3 within the time specified in the order of assessment, such employer shall be liable to pay interest on the amount to be paid at the rate of two per cent. for every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid.

The Building and Other Construction Workers  Welfare Cess Act, 1996

section 1. of the building and other construction workers welfare cess act : show related subordinates 1 this act may be called the building and other construction workers welfare cess act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 3rd day of november, .

section 2. of the building and other construction workers welfare cess act : in this act, unless the context otherwise requires, a board means a building and other construction workers welfare board constituted by a state government under subsection 1 of section 18 of the building and other construction workers regulation of employment and conditions of service act, 27 of b fund means the building and other construction workers welfare fund constituted by a board c prescribed means prescribed by rules made under this act d words and expressions used herein but not defined and defined in the building and other construction workers regulation of employment and conditions of service act, 27 of shall have the meanings respectively assigned to them in that act.

section 7. of the building and other construction workers welfare cess act : any officer or authority of the state government specially empowered in this behalf by that government may a with such assistance, if any, as he or it may think fit, enter at any reasonable time any place where he or it considers it necessary to enter for carrying out the purposes of this act including verification of the correctness of any particulars furnished by any employer under section 4 b do within such place anything necessary for the proper discharge of his or its duties under this act and c exercise such other powers as may be prescribed.

section 10. of the building and other construction workers welfare cess act : any amount due under this act including any interest or penalty from an employer may be recovered in the same manner as an arrear of land revenue.

section 5. of the building and other construction workers welfare cess act : 1 the officer or authority to whom or to which the return has been furnished under section 4 shall, after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the employer. 2 if the return has not been furnished to the officer or authority under subsection 2 of section 4, he or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount of cess payable by the employer. 3 an order of assessment made under subsection 1 or subsection 2 shall specify the date within which the cess shall be paid by the employer.

section 6. of the building and other construction workers welfare cess act : notwithstanding anything contained in this act, the central government may, by notification in the official gazette, exempt any employer or class of employers in a state from the payment of cess payable under this act where such cess is already levied and payable under any corresponding law in force in that state.

section 4. of the building and other construction workers welfare cess act : 1 every employer shall furnish such return to such officer or authority, in such manner and at such time as may be prescribed. 2 if any person carrying on the building or other construction work, liable to pay the cess under section 3, failsto furnish any return under subsection 1, the officer or the authority shall give a notice requiring such person to furnish such return before such date as may be specified in the notice.

section 3. of the building and other construction workers welfare cess act : 1 there shall be levied and collected a cess for the purposes of the building and other construction workers regulation of employment and conditions of service act, 27 of , at such rate not exceeding two per cent. but not less than one per cent. of the cost of construction incurred by an employer, as the central government may, by notification in the official gazette, from time to time specify. 2 the cess levied under subsection 1 shall be collected from every employer in such manner and at such time, including deduction at source in relation to a building or other construction work of a government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority is required, as may be prescribed. 3 the proceeds of the cess collected under subsection 2 shall be paid by the local authority or the state government collecting the cess to the board after deducting the cost of collection of such cess not exceeding one per cent. of the amount collected. 4 notwithstanding anything contained in subsection 1 or subsection 2, the cess leviable under this act including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed on the basis of the quantum of the building or other construction work involved. state amendments uttar pradesh. amendment of section 3 of act no. 28 of .in section 3 of the building and other construction workers welfare cess act, , in subsection 1 the following explanation shall be inserted at the end, namely: explanation:for the purpose of levy of cess under this subsection cost of construction shall include all expenditure incurred by an employer in connection with the building or other construction work but shall not include a cost of land b any compensation paid or payable to a worker or his dependents under the employeess compensation act, c expenditure uncured on such plant, equipments installed or upgraded which are not part of construction activity d machines such as mri, ct scan, dialysis machine etc. used for treatment of patients in hospitals. vide the uttar pradesh act 28 of , s. 2

section 12. of the building and other construction workers welfare cess act : 1 whoever, being under an obligation to furnish a return under this act, furnishes any return knowing, or having reason to believe, the same to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 whoever, being liable to pay cess under this act, wilfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment which may extend to six months, or with fine, or with both. 3 no court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the central government.

section 9. of the building and other construction workers welfare cess act : if any amount of cess payable by any employer under section 3 is not paid within the date specified in the order of assessment made under section 5, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after making such inquiry as it deems fit, impose on such employer a penalty not exceeding the amount of cess: provided that, before imposing any such penalty, such employer shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section.

section 15. of the building and other construction workers welfare cess act : 1 the building and other construction workers welfare cess third ordinance, ord. 26 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the building and other construction workers welfare cess act : 1 any employer aggrieved by an order of assessment made under section 5 or by an order imposing penalty made under section 9 may, within such time as may be prescribed, appeal to such appellate authority in such form and in such manner as may be prescribed. 2 every appeal preferred under subsection 1 shall be accompanied by such fees as may be prescribed. 3 after the receipt of any appeal under subsection 1, the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. 4 every order passed in appeal under this section shall be final and shall not be called in question in any court of law.

section 14. of the building and other construction workers welfare cess act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which and the time within which the cess shall be collected under subsection 2 of section 3 b the rate or rates of advance cess leviable under subsection 4 of section 3 c the particulars of the returns to be furnished, the officer or authority to whom or to which such returns shall be furnished and the manner and time of furnishing such returns under subsection 1 of section 4 d the powers which may be exercised by the officer or authority under section 7 e the authority which may impose penalty under section 9 f the authority to which an appeal may be filed under subsection 1 of section 11 and the time within which and the form and manner in which such appeal may be filed g the fees which shall accompany an appeal under subsection 2 of section 11 and h any other matter which has to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 13. of the building and other construction workers welfare cess act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 8. of the jamia millia islamia act : 1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any centre, department, institution or school maintained by the university and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, centre, department, institution or school. 3 the visitor shall, in every case, given notice to the university of his intention to cause an inspection or inquiry to be made, and the university shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the visitor may determine, such representations to the visitor, as it may consider necessary. 4 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to present and be heard at such inspection or inquiry. 6 the visitor may, if the inspection or inquiry is made in respect of the university or any centre, department, institution or school maintained by it, address the shaikhuljamia vicechancellor with reference to the result of such inspection or inquiry, and the shaikhuljamia vicechancellor shall communicate to the majlisimuntazimah executive council the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 7 where the majlisimuntazimah executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor, may, after considering any explanation furnished or representation made by the majlisimuntazimah executive council issue such directions as he may think fit and the majlisimuntazimah executive council, shall comply with such directions. 8 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 9 the visitor shall have such other powers as may be prescribed by the statutes.

section 1. of the jamia millia islamia act : 1 this act may be called the jamia millia islamia act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 26th december, , vide notifications no. s.o. e, dated 21st december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the jamia millia islamia act : in this act, and in all statutes made hereunder, unless the contest otherwise requires, a academic staff means such categories of staff as are designated as academic staff by the ordinances b amirijamia chancellor and shaikhuljamia vicechancellor mean, respectively, the amirijamia chancellor and shaikhuljamia vicechancellor of the university c anjuman court means the anjuman court of the university d board of studies means the board of studies of the university e department means a department of studies, and includes a centre of studies and research f employee means any person appointed by the university, and includes teachers and other staff of the university g faculty means a faculty of the university h hall means a unit of residence or of corporate life for the students of the university i institution means an academic institution, established or maintained by the university j majlisimuntazimah executive council means the majlisimuntazimah executive council of the university k majlisitalimi academic council means the majlisitalimi academic council of the university l principal means the head of an institution, school or polytechnic and includes where there is on principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or acting principal, a viceprincipal duly appointed as such m statutes, ordinances and regulations mean, respectively, the statutes, ordinances and regulations of the university for the time being in force n teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university and are designated as teachers by the ordinances o university means the educational institution known as jamia millia islamia founded in during the khilafat and noncooperation movements in response to gandhijis call for a boyctt of all governmentsponsored educational institutions which was subsequently registered in as jamia millia islamia society, and declared in as an institution deemed to be a university under section 3 of the university grants commission act, 3 of , and which is incorporated as a university under this act.

section 7. of the jamia millia islamia act : the university shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as a teacher or student, or to hold any office therein or to graduate thereat: provided that nothing in this section shall be deemed to prevent the university from making appropriate provisions for reservation for the scheduled castes, the scheduled tribes, the physically handicapped persons and women.

section 4. of the jamia millia islamia act : on and from the commencement of this act, i the society known as the jamia millia islamia society, delhi, shall be dissolved, and all property, movable or immovable, and all rights, powers and privileges of the said society shall be transferred to and vest in the university and shall be applied to the objects and purposes for which the university is established ii all debts, liabilities and obligations of the said society shall be transferred to the university and shall thereafter be discharged and satisfied by it iii all references in any enactment to the said society shall be construed as references to the university iv any will, deed or other documents, whether made or executed before or after the commencement of this act, which contains any bequest, gift or trust in favour of the said society shall be construed as if the university was therein named instead of the society v subject to any orders which the majlisimuntazimah executive council may make, the buildings which belonged to the jamia millia islamia, delhi, shall continue to be known and designated by the names and style as they were known and designated immediately before the commencement of this act vi subject to the provisions of this act, every person employed immediately before the commencement of this act in the jamia millia islamia, delhi, shall hold such employment in the university by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the jamia millia islamia, delhi, if this act had not been passed.

section 10. of the jamia millia islamia act : 1 the amirijamia chancellor shall be elected by the anjuman court in such manner as may be prescribed by the statutes. 2 the amirijamia chancellor shall, by virtue of his office, be the head of the university. 3 the amirijamia chancellor shall, if present, preside at the convocation of the university held for conferring degrees.

section 3. of the jamia millia islamia act : 1 there shall be established a university by the name of the jamia millia islamia. 2 the headquarters of the university shall be at new delhi. 3 the persons holding office as amirijamia chancellor and shaikhuljamia vicechancellor and the members of the anjuman court, the majlisimuntazimah executive council and the majlisitalimi academic council of the university, for the time being, shall be a body corporate by the name of the jamia, millia islamia and shall have perpetual succession and a common seal and shall sue and be sued by that name.

section 5. of the jamia millia islamia act : the objects of the university shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in such branches of learning as it may deem fit and the university shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of i innovations in education leading to restructuring of courses, new methods of teaching and learning, and integral development of personality ii studies in various disciplines iii interdisciplinary students iv national integration, secularism and international understanding.

section 6. of the jamia millia islamia act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge ii to promote the study of the religions, philosophy and culture of india iii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iv to organise and to undertake extramural studies, extension services and other measures for the promotion of adult education v to confer honorary degrees or other distinctions in the manner prescribed by the statutes vi to provide, instruction, including correspondence and such other courses, to such persons as are not members of the university, as it may determine vii to institute principalships, professorships, readerships, lecturerships and other teaching or academic posts required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts viii to create administrative, ministerial and other posts and to make appointments thereto ix to appoint persons working in any other university or organisation as teachers of the university for a specified period x to cooperate, collaborate or associate with any other university or authority or institution in such manner and for such purposes as the university may determine xi to establish and maintain schools, institutions and such centres, specialised laboratories or other units for research and instructions as are, in the opinion of the university, necessary for the furtherance of its objects xii to institute and award fellowships, scholarships, studentships, medals and prizes xiii to establish and maintain halls for the students of the university xiv to make provision for research and advisory services, and for that purpose to enter into such arrangements with other institutions or bodies as the university may deem necessary xv to declare a centre, an institution, a department, a school as an autonomous centre, institution, department or school, as the case may be, in accordance with the statutes xvi to determine standards for admission into the university, which may include examination, evaluation or any other method of testing xvii to demand and receive payment of fees and other charges xviii to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xix to make special arrangements in respect of woman students as the university may consider desirable xx to regulate and enforce discipline among the employees and students of the university and take such disciplinary measures in this regard as may be deemed by the university to be necessary xxi to make arrangements for promoting the health and general welfare of the employees of the university xxii to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxiii to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxiv to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

section 13. of the jamia millia islamia act : 1 the musajjil registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the musajjil registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other duties as may be prescribed by the statutes.

section 9. of the jamia millia islamia act : the following shall be the officers of the university: i the amirijamia chancellor ii the shaikhuljamia vicechancellor iii the naib shaikhuljamia provicechancellor iv the musajjil registrar v the deans of faculties vi the dean of students welfare vii the finance officer and viii such other officers as may be declared by the statutes to be officers of the university.

section 11. of the jamia millia islamia act : 1 the shaikhuljamia vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the shaikhuljamia vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decision of all the authorities of the university. 3 the shaikhuljamia vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the shaikhuljamia vicechancellor under this subsection shall have the right to appeal against such action to the majlisimuntazimah executive council within three months from the date on which decision on such action is communicated to him, and thereupon the majlisimuntaiimah executive council may confirm, modify or reverse the action taken by the shaikhuljamia vicechancellor. 4 the shaikhuljamia vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes or ordinances.

section 12. of the jamia millia islamia act : the naib shaikhuljamia provicechancellor shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 14. of the jamia millia islamia act : every dean of a faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the jamia millia islamia act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 21. of the jamia millia islamia act : 1 the planning board shall be the principal planning body of the university. 2 the constitution of the planning board, term of office of its members and its powers and duties shall be prescribed by the statutes.

section 16. of the jamia millia islamia act : the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes.

section 17. of the jamia millia islamia act : the following shall be the authorities of the university: i the anjuman court ii the majlisimuntazimah executive council iii the majlisitalimi academic council iv the majlisimaliyat finance committee v the faculties vi the planning board and vii such other authorities as may be declared by the statutes to be authorities of the university.

section 18. of the jamia millia islamia act : 1 the constitution of the anjuman court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the anjuman court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by this act or statutes.

section 19. of the jamia millia islamia act : 1 the majlisimuntazimah executive council shall be the principal executive body of the university. 2 the constitution of the majlisitalim academic council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 20. of the jamia millia islamia act : 1 the majlisitalimi academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the majlisitalimi academic council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 22. of the jamia millia islamia act : the constitution, powers and functions of the faculties and of such other authorities as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes.

section 29. of the jamia millia islamia act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of a contract between the university and any of the employees shall at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the majlisimuntazimah executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal of arbitration referred to in subsection 2, shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 10 of .

section 23. of the jamia millia islamia act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities, filling of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers of the university and other academic staff and their emoluments e the appointment of teachers and other academic staff working in any other university or institution for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary actions g the principles governing seniority of service of employees h the procedure for arbitration in case of disputes between employees or students and the university i the procedure for appeal to the majlisimuntazimah executive council by any employee or student against the action of any officer or authority of the university j the establishment and recognition of the students union or association of teachers, academic staff or other employees k the participation of the students in the affairs of the university l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institutions of fellowships, scholarships, studentships, medals and prizes o the maintenance of discipline among the students p the establishment and abolition of faculties, departments, centres and schools q the delegation of powers vested in the authorities or officers of the university and r all other matters which by this act are to be, or may be, prescribed by the statutes

section 24. of the jamia millia islamia act : show related subordinates 1 the first statutes are those set out in the schedule. 2 the majlisimuntazimah executive council may, from time to time, make new or additional statutes referred to in subsection 1: provided that the majlisimuntazimah executive council, shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by majlisimuntazimah executive council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the majlisimuntazimah executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1 during the period of three years immediately after the commencement of this act. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the majlisimuntazimah executive council is unable to implement such a direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the majlisimuntazimah executive council for its inability to comply with such direction make or amend the statutes suitably.

section 26. of the jamia millia islamia act : the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business, and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes.

section 28. of the jamia millia islamia act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the majlisimuntazimah executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts, together with the audit report thereon, shall be submitted to the anjuman court and the visitor along with the observations of the majlisimuntazimah executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the anjuman court and the observations of the anjuman court, if any, shall, after being considered by the majlisimuntazimah executive council, be submitted to the visitor. 4 a copy of the annual accounts, together with the audit report as submitted to the visitor, shall also be submitted to the central government which shall, as soon as may be, cause the same to be laid before both the houses of parliament. 5 the audited annual accounts after having been laid before both the houses of parliament, shall be published in the gazette of india.

section 25. of the jamia millia islamia act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees, diplomas and certificates of the university f the conditions for the award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, interdisciplinary studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n the remuneration to be paid to the examiners, moderators, invigilators and tabulators o such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes p the management of institutions established by the university and q all other matters which by this act or the statutes may be prescribed by the ordinances. 2 the regulations and bylaws in force immediately before the commencement of this act shall be the first ordinances of the university and may be repealed or amended at any time by the majlisimuntazimah executive council. ordinances yeardescriptionfiles ordinance 17 part i acacemic moderation committee part ii ordinances jmi administrative or general ordinance 13 part i acacemic hall of residence ordinance 1 academic of jmi ordinance 2 jmi part i academic ordinance 3 part i academic jmi powers and functions of the board of studies ordinance 10 part i acacemic degree of doctor of literature or doctor of science ordinance 19 part i acacemic the university library committee ordinance 18 part i acacemic committee of equivalence examinations ordinance 20 part i acacemic games sports committee ordinance 21 part i acacemic the dean students welfare powers functions ordinance 23 part i acacemic academic staff ordinance 24 part i acacemic temporary appointments of teachers ordinance 25 part i acacemic seniority of teaching staff ordinance 27 part i acacemic professor emeritus ordinance 28 part i acacemic honorary professor ordinance 29 part i acacemic visiting professor ordinance 30 part i acacemic research projects other projects ordinance 32 part i acacemic convocation ordinance 33 part i acacemic methods of election of members for the majlisitalimi academic council ordinance 34 part i acacemic fees ordinance 4 part i academic jmi heads of the departments of studiespowers and functions ordinance 16 part i acacemic examination committee ordinance 36 part i academic rules for transitional students of postgraduate/ undergraduate programmes ordinance 22 part i acacemic the chief proctor ordinance 37 part i academic transfer of credit ordinance 8 part 1 academic degree of master of philosophy m. phil. ordinance 11 part i acacemic medium of instruction and examination ordinance 12 part i acacemic admission committees ordinance 26 part i acacemic reemployment of teachers ordinance 35 part i acacemic attendance ordinance 7 part 1 academic programmescourses of study ordinance 6 part i academic jmi reservation of seats and other special provision for admission ordinance 14 part i acacemic students discipline ordinance 5 part i academic jmi admission and enrollment of students ordinance 15 part i acacemic the university examinations ordinance 31 part i acacemic fellowships, scholarships and gold medals for students ordinance 9 part i jmi acacemic the degree of master of philosophy m. phil. doctor of philosophy ph.d

section 27. of the jamia millia islamia act : 1 the annual report of the university shall be prepared under the direction of the majlisimuntazimah executive council and shall be submitted to the anjuman court on or after such date as may be prescribed by the statutes and the anjuman court shall consider the report in its annual meeting. 2 the anjuman court shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report as submitted to the visitor shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament.

section 30. of the jamia millia islamia act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders of resolution of the shaikhuljamia vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to majlisimuntazimah executive council and the majlisimuntazimah executive council may confirm, modify or reverse the decision of the shaikhuljamia vicechancellor or the concerned committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3 and 4 of section 29 shall as far as may be, apply to a reference made under this subsection.

section 37. of the jamia millia islamia act : no suit or other legal proceedings shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 31. of the jamia millia islamia act : every employee or student of the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the majlisimuntazimah executive council, against the decision of any officer or authority of the university and thereupon the majlisimuntazimah executive council may confirm, modify or reverse the decision appealed against.

section 32. of the jamia millia islamia act : 1 the university shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund as if it were a government provident fund.

section 33. of the jamia millia islamia act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereupon shall be final.

section 34. of the jamia millia islamia act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 35. of the jamia millia islamia act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the members whose place has become vacant and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 36. of the jamia millia islamia act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 41. of the jamia millia islamia act : 1 the anjuman court, the majlisimuntazimah executive council, the majlisitalimi academic council, the majlisimaliyat finance committee and faculties of the university shall, as soon as may be, after the commencement of this act, be constituted in accordance with the provisions of this act and until so constituted, the anjuman court, the majlisimuntazimah executive council, the majlisitalimi academic council, the majlisimaliyat finance committee and faculties of the jamia millia islamia functioning immediately before such commencement, shall continue to exercise all the powers and perform all the functions of such authority under this act. 2 the amirijamia chancellor, the shaikhuljamia vicechancellor, the musajjil registrar, deans of faculties, heads of the departments, principals of institutions, other officers and employees of the jamia millia islamia holding office immediately before the commencement of this act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement. 3 anything done or any action taken or any degree or other academic distinction conferred by the jamia millia islamia before the commencement of this act shall, notwithstanding any change made by this act in the constitution of the anjuman court, the majlisimuntazimah executive council, the majlisitalimi academic council, the majlisimaliyat finance committee, faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this act.

section 38. of the jamia millia islamia act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the musajjil registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 40. of the jamia millia islamia act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act.

section 39. of the jamia millia islamia act : 1 every statute, ordinance or regulation made under this act, shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation.

section 8. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 notwithstanding anything in the code, no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless a the public prosecutor has been given an opportunity to oppose the application for such release and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 2 the limitations on granting of bail specified in subsection 1 are in addition to the limitations under the code or any other law for the time being in force on granting of bail. 3 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code.

The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002

section 1. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 this act may be called the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act, . 2 it extends to the whole of india including the limit of the territorial waters, the continental shelf, the exclusive economic zone or any other maritime zone of india within the meaning of section 2 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of . 3 save as otherwise provided, it shall apply a to any offence under section 3 committed outside india by any person b to a ship, if that ship is navigating or scheduled to navigate into, through or from waters beyond the outer limits of the territorial waters of india, or the lateral limits of its territorial waters with adjacent states c when the offence is committed on board a ship in the territorial waters of india or against a fixed platform located on the continental shelf of india. 4 notwithstanding anything contained in subsection 3, this act shall apply only to offences committed by an offender or alleged offender, a when such an offender is found in the territory of a convention state b when such an offender is found in the territory of a protocol state in whose internal water or territorial waters or continental shelf the fixed platform is located or c when such an offender is found in the territory of a state other than the state referred to in clause a or clause b. 5 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 1st february, , vide notification no. s.o. 115e, dated 30th, january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : save as otherwise provided in this act, the provisions of the code shall apply to the proceedings before a designated court and the person conducting a prosecution before a designated court shall be deemed to be a public prosecutor.

section 2. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : in this act, unless the context otherwise requires, a code means the code of criminal procedure, 2 of b continental shelf of india shall have the meaning assigned to it in the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of c convention means the convention for the suppression of unlawful acts against the safety of maritime navigation, signed at rome on the10th day of march, as amended from time to time d convention state means a state party to the convention e fixed platform means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration for, or exploitation of resources or for other economic purposes f protocol means the protocol for the suppression of unlawful acts against the safety of fixed platforms located on the continental shelf adopted at rome on the 10th day of march, as amended from time to time g protocol state means a state party to the protocol h ship means a vessel of any type whatsoever not permanently attached to the seabed and includes dynamically supported craft, submersibles, or any other floating craft.

section 4. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 notwithstanding anything contained in the code, for the purpose of this act, the central government may, by notification in the official gazette, confer on any gazetted officer of the coast guard or any other gazetted officer of the central government powers of arrest, investigation and prosecution exercisable by a police officer under the code. 2 all officers of police and all officers of government are hereby required and empowered to assist the officer of the central government referred to in subsection 1, in the execution of provisions of this act. explanation. for the purpose of this section, officer of the coast guard means an officer as defined in clause q of section 2 of the coast guard act, 30 of .

section 9. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 the offences under section 3shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by india with convention states or protocol states and which extend to, and are binding on, india on the date of commencement of this act. 2 for the purposes of the application of the extradition act, 34 of to offences under this act, any ship registered in a convention state or protocol state shall, at any time while that ship is plying, be deemed to be within the jurisdiction of that convention state or protocol state, whether or not it is for the time being also within the jurisdiction of any other country.

section 3. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 whoever unlawfully and intentionally a commits an act of violence against a person on board a fixed platform or a ship which is likely to endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine b destroys a fixed platform or a ship or causes damage to a fixed platform or a ship or cargo of the ship in such manner which is likely to endanger the safety of such platform or safe navigation of such ship shall be punished with imprisonment for life c seizes or exercises control over a fixed platform or a ship by force or threatens or in any other form intimidates shall be punished with imprisonment for life d places or causes to be placed on a fixed platform or a ship, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or that ship or cause damage to that fixed platform or that ship or its cargo which endangers o is likely to endanger that fixed platform or the safe navigation of that ship shall be punished with imprisonment for a term which may extend to fourteen years e destroys or damages maritime navigational facilities or interferes with their operation if such act is likely to endanger the safe navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen years f communicates information which he knows to be false thereby endangering the safe navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine g in the course of commission of or in attempt to commit, any of the offences specified in clauses a to d in connection with a fixed platform or clauses a to f in connection with a ship i causes death to any person shall be punished with death ii causes grievous hurt to any person shall be punished with imprisonment for a term which may extend to fourteen years iii causes injury to any person shall be punished with imprisonment for a term which may extend to ten years iv seizes or threatens a person shall be punished with imprisonment for a term which may extend to ten years and v threatens to endanger a ship or a fixed platform shall be punished with imprisonment for a term which may extend to two years. 2 whoever attempts to commit, or abets the commission of, an offence punishable under subsection 1 shall be deemed to have committed such offence and shall be punished with the punishment provided for such offence. 3 whoever unlawfully or intentionally threatens a person to compel that person to do or refrain from doing any act or to commit any offence specified in clause a, clause b or clause c of subsection 1, if such threat is likely to endanger the safe navigation of a ship or safety of a fixed platform shall be punished with the punishment provided for such offence. 4 where any act referred to in subsection 1 is committed, a against or on board i an indian ship at the time of commission of the offence or ii any ship in the territory of india including its territorial waters b by a stateless person, such act shall be deemed to be an offence committed by such person for the purposes of this act. explanation.in this subsection, the expression stateless person means a person whose habitual residence is in india but he does not have nationality of any country. 5 where an offence under subsection 1 is committed and the person accused of or suspected of the commission of such offence is present in the territory of india and is not extradited to any convention state or protocol state, as the case may be, such person shall be dealt with in india in accordance with the provisions of this act. 6 on being satisfied that the circumstances so warrant, the central government or any other authority designated by it shall take the person referred to in subsection 5 and present in the territory of india into custody or take measures, in accordance with the law for the time being in force, to ensure his presence in india for such time as is necessary to enable any criminal or extradition proceeding to be instituted: provided that when a person is taken into custody under this subsection, it shall be necessary for the central government or any other authority designated by it to notify the government of any convention state or protocol state which have also established jurisdiction over the offence committed or suspected to have been committed by the person in custody. 7 subject to the provisions of subsection 8, where an offence under subsection 1 is committed outside india, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within india at which he may be found. 8 no court shall take cognizance of an offence punishable under this section which is committed outside india unless a such offence is committed on a fixed platform or on board a ship flying the indian flag at the time the offence is committed b such offence is committed on board a ship which is for the time being chartered without crew to a lessee who has his principal place of business, or where he has no such place of business, his permanent residence, is in india or c the alleged offender is a citizen of india or is on a fixed platform or on board a ship in relation to which such offence is committed when it enters the territorial waters of india or is found in india.

section 5. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify a court of session to be a designated court for such area or areas as may be specified in the notification. 2 notwithstanding anything contained in the code, a designated court shall, as far as practicable, hold the trial on a daytoday basis.

section 10. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : the central government may, by notification in the official gazette, certify as to which are the convention states or protocol states and to what extent such states have availed themselves of the provisions of the convention or protocol, as the case may be, and any such notification shall be conclusive evidence of the matters certified therein.

section 6. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 notwithstanding anything contained in the code, a all offences under this act shall be triable only by the designated court specified under subsection 1 of section 5 b where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under subsection 2 or subsection 2a of section 167 of the code, such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the whole where such magistrate is an executive magistrate: provided that where such magistrate considers, i when such person is forwarded to him as aforesaid or ii upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the designated court having the jurisdiction c the designated court may exercise, in relation to the person forwarded to it under clause b, the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code, in relation to an accused person in such case who has been forwarded to him under that section d a designated court may, upon a perusal of a complaint made by an officer of the central government or the state government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. 2 when trying an offence under this act, a designated court may also try an offence other than an offence under this act, with which the accused may, under the code, be charged at the same trial.

section 14. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this act. 2 no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 11. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : if the central government is satisfied that the requirements of the convention have been satisfied in relation to any ship, it may, by notification in the official gazette, direct that such ship shall, for the purposes of this act, be deemed to be registered in such convention state as may be specified in the notification.

section 12. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : no prosecution for an offence under this act shall be instituted except with the previous sanction of the central government.

section 13. of the suppression of unlawful acts against safety of maritime navigation and fixed platforms on continental shelf act : in a prosecution for an offence under subsection 1 of section 3, if it is proved a that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or explosives of similar nature were used in the commission of such offence b that there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence or c that there is evidence of an intended threat of using bomb, fire, arms, ammunition, or explosives or committing any form of violence against the crew, passengers or cargo of a ship or fixed platform located on the continental shelf of india, the designated court shall presume, unless the contrary is proved, that the accused had committed such offence.

section 1. of the company secretaries act : show related subordinates 1 this act may be called the company secretaries act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint 1. 1st january, , vide notification no. s.o. 989e, dated 27th december, , see gazette of india, extraordinary, part ii, sec. 3ii

section 8. of the company secretaries act : show related subordinates notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the 1register of members if he a has not attained the age of twentyone years at the time of his application for the entry of his name in the 1register of members or b is of unsound mind and stands so adjudged by a competent court or c is an undercharged insolvent 2or undischarged bankrupt or 2ca is declared bankrupt under the insolvency and bankruptcy code, 31 of d being a discharged insolvent, has not obtained from the court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part or e has been convicted by a competent court, whether within or 3outside india, of an offence involving moral turpitude and punishable with imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the central government has, by an order in writing, removed the disability or f has been removed from membership of the institute on being found on inquiry to have been guilty of professional or other misconduct: provided that a person who has been removed from membership for a specified period shall not be entitled to have his name entered in the 1register of members until the expiry of such period. 1. subs. by act 12 of , s. 78, for register w.e.f.. 2. ins. by s. 78, ibid. w.e.f. . 3. subs by s. 78, ibid., for without india w.e.f. .

section 4. of the company secretaries act : 1 any of the following persons shall be entitled to have his name entered in the 1register of members, namely: a any person who immediately before the commencement of this act was an associate or a fellow including an honorary fellow of the dissolved company b any person who is a holder of the diploma in company secretaryship awarded by the government of india c any person who has passed the examinations conducted by the dissolved company and has completed training either as specified by the dissolved company or as prescribed by the council, except any such person who is not a permanent resident of india d any person who has passed such examination and completed such training, as may be prescribed for membership of the institute e any person who has passed such other examination and completed such other training 2outside india as is recognised by the central government or the council as being equivalent to the examination and training prescribed under this act for membership of the institute: provided that in the case of any person belonging to any of the classes mentioned in this subsection who is not permanently residing in india, the central government or the council may impose such further conditions as it may deem to be necessary or expedient in the public interest. 2 every person belonging to the class mentioned in clause a or clause b of subsection 1 shall have his name entered in the register without the payment of any entrance fee. 33 every person belonging to any of the classes mentioned in clauses c, d and e of subsection 1 shall have his name entered in the register on application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification, by the council, 4: 5 . 4 the. central government may take such steps as may be necessary for the purpose of having the names of all persons belonging to the classes mentioned in clauses a and b of subsection 1 entered in the register at the commencement of this act. 5 notwithstanding anything contained in this section, the council may confer on any person honorary fellow membership, if the council is of the opinion that such person has made a significant contribution to the profession of company secretaries and thereupon the council shall enter the name of such person in the register but such person shall not have any voting rights in any election or meetings of the institute and shall not also be required to pay any fee to the institute. 1 subs. by act 12 of , s. 75, for register w.e.f . 2 subs. by ibid., s. 75, for without india w.e.f.. 3. subs. by act 8 of , s. 4, for subsection 3 w.e.f. . 4 the words which shall not exceed rupees three thousand omitted by act 12 of , s. 75 w.e.f.. 5 the proviso omitted by s. 75, ibid., w.e.f. .

section 3. of the company secretaries act : show related subordinates 1 all persons whose names are entered in the register of the dissolved company immediately before the commencement of this act and all persons who may hereafter have their names entered in the register to be maintained under this act, so long as they continue to have their names borne on the register to be maintained under this act, are hereby constituted a body corporate by the name of the institute of company secretaries of india and all such persons shall be known as members of the institute. 2 the institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, movable or immovable and shall by its name sue or be sued.

section 2. of the company secretaries act : 1 in this act, unless the context otherwise requires, a associate means an associate member of the institute 1aa authority means the appellate authority referred to in section 22a aaa board means the quality review board constituted under section 29a 2ab board of discipline means the board of discipline constituted under subsection 1 of section 21a b companies act means 3the companies act, 18 of or any other previous company law as defined in clause 67 of section 2 of the said act c company secretary means a person who is a member of the institute d council means the council of the institute constituted under section 9 2da director discipline means the director discipline referred to in section 21 and includes joint director discipline db disciplinary committee means the disciplinary committee constituted under subsection 1 of section 21b dc disciplinary directorate means the disciplinary directorate established under subsection 1 of section 21 e dissolved company means the institute of company secretaries of india registered under the companies act f fellow means a fellow member of the institute 4fa firm shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of , and includes, i the limited liability partnership as defined in clause n of subsection 1 of section 2 of the limited liability partnership act, 6 of or ii the sole proprietorship, registered with the institute g institute means the institute of company secretaries of india constituted under this act 5ga notification means a notification published in the official gazette and the term notify shall be construed accordingly 6gb partner shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of or in clause q of subsection 1 of section 2 of the limited liability partnership act, 6 of , as the case may be gc partnership means. a a partnership as defined in section 4 of the indian partnership act, 9 of or b a limited liability partnership which has no company as its partner h prescribed means prescribed by regulations made under this act i president means the president of the council 7j register means the register of members of the institute maintained under section 19 or the register of firms of the institute maintained under section 20b, as the case may be 6 jj sole proprietorship means an individual who engages himself in the practice of the profession of the company secretaries or offers to perform services referred to in clauses b to f of subsection 2 8ja specified means specified by rules made by the central government under this act 9jaa standing committee means the standing committee constituted under subsection 1 of section 17 jb tribunal means a tribunal established under subsection 1 of section 10b k vicepresident means the vicepresident of the council l year means the period commencing on the 1st day of april of any year and ending on the 31st day of march of the succeeding year m words and expressions used herein and not defined but defined in the companies act shall have the meanings respectively assigned to them in that act 2 save as otherwise provided in this act, a member of the institute shall be deemed to be in practice when, individually or in partnership with one or more members of the institute in practice or in partnership with members of such other recognised professions as may be prescribed, he, in consideration of remuneration received or to be received, a engages himself in the practice of the profession of company secretaries to, or in relation to, any company or b offers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganisation or winding up of companies or c offers to perform or performs such services as may be performed by i an authorised representative of a company with respect to filing, registering, presenting, attesting or verifying any documents including forms, applications and returns by or on behalf of the company, ii a share transfer agent, iii an issue house, iv a share and stockbroker, v a secretarial auditor or consultant, vi an adviser to a company on management, including any legal or procedural matter falling under 10, the industries development and regulation act, 65 of , the companies act, the securities contracts regulation act, 42 of , any of the rules or byelaws made by a recognised stock exchange, 11the securities and exchange board of india act, 15 of , the foreign exchange management act, 42 of , the competition act, 12 of , or under any other law for the time being in force, vii issuing certificates on behalf of, or for the purposes of, a company or d holds himself out to the public as a company secretary in practice or e renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of company secretaries or f renders such other services as, in the opinion of the council, are or may be rendered by a company secretary in practice and the words to be in practice, with their grammatical variations and cognate expressions, shall be construed accordingly. 1. ins. by act 8 of , s. 2 w.e.f. . 2. ins. by act 12 of , s. 74 w.e.f.. 3. subs. by s. 74, ibid., for companies act, . w.e.f.. 4. ins. by act 4 of , s. 2 w.e.f. . 5. subs. by act 12 of , s. 74, for clause ga w.e.f.. 6. ins. by act 4 of , s. 2 w.e.f. . 7. subs. by act 12 of , s. 74, for clause j w.e.f.. 8. ins. by act 8 of , s. 2 w.e.f. . 9. ins. by act 12 of , s. 74 w.e.f. . 10. the words the capital issues control act, 29 of omitted by s. 74, ibid., w.e.f.. 11. subs. by s. 74, ibid., for the monopolies and restrictive trade practices act, 54 of , the foreign exchange regulation act, 46 of w.e.f..

section 5. of the company secretaries act : 1 the members of the institute shall be divided into two classes designated respectively as associates and fellows. 2 any person other than a person to whom the provisions of subsection 4 apply, shall, on his name being entered in the 1register of members, be deemed to have become an associate and as long as his name remains so entered, shall be entitled to use the letters a.c.s. after his name to indicate that he is an associate. 23 a person, being an associate who has been in continuous practice in india as a company secretary for at least five years and a person who has been an associate for a continuous period of not less than five years and who possesses such qualifications or practical experience as the council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a company secretary shall, on payment of such fees, as may be determined, by notification, by the council, 3, and on application made and granted in the prescribed manner, be entered in the 1register of members as a fellow: 4 explanation i. for the purposes of this subsection, a person shall be deemed to have practised in india for any period for which he has held a certificate of practice under section 6, notwithstanding that he did not actually practise during that period. explanation ii. in computing the continuous period during which a person has been an associate of the institute, there shall be included any continuous period during which the person has been an associate of the dissolved company immediately before he became an associate of the institute. 4 any person who was a fellow of the dissolved company and who is entitled to have his name entered in the 1register of members under clause a of subsection 1 of section 4, shall be entered in the 1register of members as a fellow. 5 any person whose name is entered in the 1register of members as a fellow shall, so long as his name remains so entered, be entitled to use the letters f.c.s. after his name to indicate that he is a fellow. 1. subs. by act 12 of , s. 76 for register w.e.f.. 2. subs. by act 8 of , s. 4, for subsection 3 w.e.f. 3. the words which shall not exceed rupees five thousand, omitted by act 12 of , s. 76 w.e.f.. 4. the proviso omitted by s. 76, ibid., w.e.f .

section 6. of the company secretaries act : show related subordinates 1 no member of the institute shall be entitled to practise, whether in india or elsewhere, unless he has obtained from the council a certificate of practice. 12 a member who desires to be entitled to practise shall make an application in such form and pay such annual fee, for his certificate as may be determined, by notification, by the council, 2, and such fee shall be payable on or before the 1st day of april in each year: 3 43 the certificate of practice obtained under subsection 1 may be cancelled by the council under such circumstances as may be prescribed. 1. subs. by act 8 of , s. 5, for subsection 2 w.e.f. . 2.the words which shall not exceed rupees three thousand, omitted by act 12 of , s. 77 w.e.f.. 3. the proviso omitted by s. 77, ibid., w.e.f . 4. ins. by act 8 of , s. 5, w.e.f. .

section 10a. of the company secretaries act : show related subordinates 110a. settlement of disputes regarding election. in case of any dispute regarding any election under clause a of subsection 2 of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the secretary of the institute, who shall forward the same to the central government. 1. ins. by act 8 of , s. 8. w.e.f. .

section 7. of the company secretaries act : every member of the institute in practice shall, and any other member may, use the designation of a company secretary and no member using such designation shall use any other description, whether in addition thereto or in substitution therefor: provided that nothing in this section shall be deemed to prohibit any such member from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other institute whether in india or elsewhere as may be recognised in this behalf by the council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the institute and in practice, from being known by its firm name as company secretaries.

section 9. of the company secretaries act : show related subordinates 1 there shall be a council of the institute for the management of the affairs of the institute and for discharging the functions assigned to it by or under this act. 12 the council shall be composed of the following persons, namely: a not more than fifteen persons elected by the members of the institute, from amongst the fellows of the institute chosen in such manner and from such regional constituencies as may be specified: provided that a fellow of the institute, who has been found guilty of any professional or other misconduct and whose name is removed from the 2register of members or has been awarded penalty of fine, shall not be eligible to contest the election, i in case of misconduct falling under the first schedule of this act, for a period of 3four years ii in case of misconduct falling under the second schedule of this act, for a period of 4eight years, from the completion of the period of removal of name from the 2register of members or payment of fine, as the case may be b not more than five persons nominated in the specified manner by the central government. 53 no person holding a post under the central government or a state government shall be eligible for election to the council under clause a of subsection 2. 4 no 6member of the institute or any partner of a firm who has been auditor of the institute shall be eligible for election to the council under clause a of subsection 2 for a period of 3four years after he ceases to be an auditor. 1. subs. by act 8 of , s. 6, for subsection 2 w.e.f. . 2. subs. by act 12 of , s.79. for register w.e.f. . 3. subs. by s. 79, ibid., for three years w.e.f . 4. subs. by s. 79, ibid., for six years w.e.f. . 5. ins. by act 8 of , s. 6 w.e.f. 6. subs. by act 12 of , s. 79, for person w.e.f. .

section 10. of the company secretaries act : show related subordinates 110. reelection or renomination to council a member of the council, elected or nominated under subsection 2 of section 9, shall be eligible for reelection or, as the case may be, renomination: provided that no member shall hold the office for more than two consecutive terms: provided further that a member of the council, who is or has been elected as presid ent under subsection 1 of section 12, shall not be eligible for election or nomination as a member of the council. 12. subs. by s. 7, ibid., for section 10 w.e.f. . notifications yeardescriptionfiles company secretaries act,,17/11/

section 10b. of the company secretaries act : show related subordinates 110b. establishment of tribunal. 1 on receipt of any application under section 10a, the central government shall, by notification, establish a tribunal consisting of a presiding officer and two other members to decide such dispute and the decision of such tribunal shall be final. 2 a person shall not be qualified for appointment, a as a presiding officer of the tribunal unless he has been a member of the indian legal service and has held a post in grade i of the service for at least three years b as a member unless he has been a member of the council for at least one full term and who is not a sitting member of the council or who has not been a candidate in the election under dispute or c as a member unless he holds the post of a joint secretary to the government of india or any other post under the central government carrying a scale of pay which is not less than that of a joint secretary to the government of india. 3 the terms and conditions of service of the presiding officer and members of the tribunal, their place of meetings and allowances shall be such as may be specified. 4 the expenses of the tribunal shall be borne by the council. 1. ins. by act 8 of , s. 8. w.e.f. .

section 15. of the company secretaries act : show related subordinates 115. functions of council. 1 the institute shall function under the overall control, guidance and supervision of the council and the duty of carrying out the provisions of this act shall be vested in the council. 2 in particular, and without prejudice to the generality of the foregoing powers, the duties of the council shall include a to approve academic courses and their contents b the prescribing of fees for the examination of candidates for enrolment c the prescribing of qualifications for entry in the 2register of members d the recognition of foreign qualifications and training for purposes of enrolment e the prescribing of guidelines for granting or refusal of certificates of practice under this act 3ea the granting or refusal, of registration of a firm f the levy of fees from members, examinees and other persons g the regulation and maintenance of the status and standard of professional qualifications of members of the institute h the carrying out, by granting financial assistance to persons other than members of the council or in any other manner, of research in such matters of interest to company secretaries as may be prescribed i to enable functioning of the director discipline, the board of discipline, the disciplinary committee and the appellate authority constituted under the provisions of this act j to enable functioning of the quality review board 3ja to issue guidelines for the purpose of carrying out the objects of this act jb to conduct investor education and awareness programmes jc to enter into any memorandum or arrangement with the prior approval of the central government, with any agency of any foreign country, for the purpose of performing its functions under this act k consideration of the recommendations of the quality review board made under clause a of section 29b and details of action taken thereon in its annual report and l to ensure the functioning of the institute in accordance with the provisions of this act and in performance of other statutory duties as may be entrusted to the institute from time to time. 1. subs. by act 8 of , s. 12, for section 15 w.e.f. 2. subs. by act 12 of , s. 82, for register w.e.f. . 3. ins. by ,s. 82, ibid.,w.e.f .

section 11. of the company secretaries act : if the members of the institute fail to elect any member under clause a of subsection 2 of section 9 from any of the regional constituencies that may be notified under that clause, the central government may nominate any duly qualified person from such constituency to fill up the vacancy, and any person so nominated shall be deemed to be a duly elected member of the council.

section 13. of the company secretaries act : show related subordinates 1 any member of the council may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall become vacant when such resignation is notified in the official gazette. 2 a member of the council shall be deemed to have vacated his seat if he is declared by the council to have been absent without sufficient excuse from three consecutive meetings of the council 1 or he has been found guilty of any professional or other misconduct and awarded penalty of fine, or of any of the committees which has been constituted by the council and of which he is a member or if his name is, for any cause, removed from the 2register of members under the provisions of section 20. 3 a casual vacancy in the office of a member of the council shall be filled by fresh election from the constituency concerned or by nomination by the central government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the council: provided that no election shall be held to fill a casual vacancy occurring within 3one year prior to the date of the expiration of the term of the council, but such a vacancy may be filled by nomination by the central government after consultation with the president of the council. 4 no act done by the council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the council. 1. ins. by act 8 of , s. 10 w.e.f. . 2.subs. by act 12 of , s. 81, for register w.e.f. . 3. subs. by act 8 of , s. 10, for six months w.e.f. notifications yeardescriptionfiles company secretaries act,,17/11/

section 12. of the company secretaries act : show related subordinates 1 the council at its first meeting shall elect two of its members to be respectively the president and the vicepresident thereof, and so often as the office of the president or the vicepresident falls vacant, the council shall choose a person to be the president or the vicepresident, as the case may be: 1 2 the president shall be the 2head of the council. 32a the president shall preside at the meetings of the council. 2b the president and the vicepresident shall exercise such powers and perform such duties and functions as may be prescribed. 2c it shall be the duty of the president to ensure that the decisions taken by the council are implemented. 3 the president or the vicepresident shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as a member of the council, and subject to his being a member of the council at the relevant time, he shall be eligible for reelection 3under subsection 1. 44 on the expiration of the duration of the council, or of the term of office of the president and the vicepresident thereof, the president and the vicepresident shall continue to hold office until such time as a new president and the vicepresident is elected and takes over charge of their duties. 5 in the event of the occurrence of any vacancy in the office of the president, the vicepresident shall act as president until the date on which a new president elected in accordance with the provisions of this section to fill such vacancy enters upon his office and when the president is unable to discharge his functions owing to absence, illness or any other cause, the vicepresident shall discharge his functions until the date on which the president resumes his duties . 1. the proviso omitted by act 12 of , s. 80 w.e.f. . 2. subs. by s. 9, ibid., for chief executive authority w.e.f. . 3. ins. by act 12 of , s. 80 w.e.f. . 4. subs. by act 8 of , s. 9, for subsection 4 w.e.f. . notifications yeardescriptionfiles company secretaries act,,17/11/

section 14. of the company secretaries act : show related subordinates 1 the duration of any council constituted under this act shall be 1four years from the date of its first meeting. 2 notwithstanding the expiration of the duration of a council hereafter in this subsection referred to as the former council, the former council shall continue to exercise its functions under this act until a new council is constituted in accordance with the provisions of this act and on such constitution the former council shall stand dissolved. 1. subs. by s. 11, ibid., for three years w.e.f. . notifications yeardescriptionfiles company secretaries act,,17/11/

section 17. of the company secretaries act : show related subordinates 1 the council shall constitute from amongst its members the following standing committees, namely: a an executive committee 1b a finance committee and c an examination committee. 2 the council may also constitute a training and educational facilities committee, professional research and publications committee and such other committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this act. 23 each of the standing committees shall consist of the president and the vicepresident, ex officio, and minimum of three and maximum of five members to be elected by the council from amongst its members. 3 6 notwithstanding anything contained in this section, any committee formed under subsection 2, may, with the sanction of the council coopt such other members of the institute not exceeding 4onethird of the total membership of the committee as the committee thinks fit, and any member so coopted shall be entitled to exercise all the rights of a member of the committee. 7 every committee constituted under this section shall elect its own chairman: provided that i where the president is a member of such committee, he shall be the chairman of such committee, and in his absence, the vicepresident, if he is a member of such committee, shall be its chairman and ii where the president is not a member of such committee but the vicepresident is a member, he shall be its chairman. 8 the standing committees and other committees formed under this section shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed. 1. subs. by act 8 of , s. 15, for clause b w.e.f. . 2. subs by s. 15, ibid., for subsection 3 w.e.f. 3. subsections 4 and 5 omitted by s. 15, ibid. w.e.f. . 4. subs. by s. 15, ibid., for twothirds of the total membership of the committee w.e.f. .

section 15a. of the company secretaries act : 115a. functions of institute. the functions of the institute shall include a the examination of candidates for enrolment b the regulation of training of students c the maintenance and publication of a register of persons qualified to practice as company secretaries 2ca the maintenance and publication of a register of firms d collection of fees from members, examinees and other persons e subject to the orders of the appropriate authorities under this act, the removal of names from the 3register of members and firms and the restoration of names to the register of members and firms which have been removed f the maintenance of a library and publication of books and periodicals relating to management of companies and allied subjects g the conduct of elections to the council of the institute and h the granting or refusal of certificates of practice as per guidelines issued by the council. 1. ins. by act 8 of , s. 13 w.e.f. in respect of new section 15b w.e.f. . 2. ins. by act 12 of , s. 83 w.e.f . 3. subs. by s. 83, ibid., for register and the restoration to the register of names w.e.f .

section 15b. of the company secretaries act : 115b. imparting education by universities and other bodies. 1 subject to the provisions of this act, any university established by law or any body affiliated to the institute, may impart education on the subjects covered by the academic courses of the institute. 2 the universities or bodies referred to in subsection 1 shall, while awarding degree, diploma or certificate or bestowing any designation, ensure that the award or designation do not resemble or is not identical to one awarded by the institute. 3 nothing contained in this section shall enable a university or a body to adopt a name or nomenclature which is in any way similar to that of the institute. 1. ins. by act 8 of , s. 13 w.e.f. in respect of new section 15b w.e.f. .

section 16. of the company secretaries act : show related subordinates 116. officers and employees, salary, allowances, etc. 1 for the efficient performance of its duties, the council shall a appoint a secretary of the council to perform such duties as may be prescribed b appoint a director discipline to perform such functions as assigned to him under this act and the rules and regulations framed thereunder c designate an officer of the council or the institute to carry out the administrative functions of the institute as its chief executive. 2 the council may also a appoint such other officers and employees to the council and the institute as it considers necessary b require and take from the secretary or from any other officer or employee of the council and the institute such security for the due performance of his duties, as the council considers necessary 2c prescribe the manner of appointment, powers, duties and functions of the secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service d with the previous sanction of the central government, fix the allowances of the president, vicepresident and other members of the council and members of its committees 3 the secretary of the council shall be entitled to participate in the meetings of the council but shall not be entitled to vote thereat.. 1. subs. by act 8 of , s. 14 for section 16 w.e.f. . 2. subs by act 12 of , s. 84 clause ii, for clause c w.e.f . notifications yeardescriptionfiles company secretaries act,,17/11/

section 18. of the company secretaries act : 1 there shall be established a fund under the management and control of the council into which shall be paid all moneys including donations and grants received by the council and out of which shall be met all expenses including any donations made and liabilities properly incurred by the council. 2 the council may invest any money for the time being standing to the credit of the fund in any government security or in any other security approved by the central government. 13 the council shall keep proper accounts of the fund distinguishing capital from revenue in the manner prescribed. 4 the council shall prepare in the manner prescribed and approve, prior to the start of the financial year, an annual financial statement the budget indicating all its anticipated revenues as well as all proposed expenditures for the forthcoming year. 25 the annual accounts of the council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the council from the panel of auditors maintained by the comptroller and auditorgeneral of india: provided that a firm shall not be eligible for appointment as an auditor under this subsection, if any of its partner is or has been a member of the council during the last four years: provided further that, in the event it is brought to the notice of the council that the accounts of the council do not represent a true and fair view of its finances, then, the council may itself cause a special audit to be conducted: provided also that, if such information, that the accounts of the council do not represent a true and fair view of its finances, is sent to the council by the central government, then, the council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the central government. . 25a as soon as may be practicable at the end of each year, the council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose. 5b the council shall cause to be published in the gazette of india not later than the 30th day of september of the year next following, a copy of the audited accounts and the report of the council for that year duly approved by the council and copies of the said accounts and report shall be forwarded to the central government and to all the members of the institute. 6 subject to such directions as the central government may, by order in writing, make in this behalf, the council may borrow a any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it or b for the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or overdraft. 1. subs. by act 8 of , s. 16, for subsections 3, 4 and 5 w.e.f. . 2. subs by act 12 of , s. 85, for subsection 5 w.e.f. . 3. ins. by act 8 of , s. 16 w.e.f. .

section 19. of the company secretaries act : show related subordinates 11 the council shall maintain a register of members of the institute in such manner as may be prescribed. 2 the 2register of members shall include the following particulars about every member of the institute, namely: a his full name, date of birth, domicile, residential and professional addresses b the date on which his name is entered in the register c his qualifications 3ca whether any actionable information or complaint is pending or any penalty has been imposed against him under chapter v, including details thereof, if any d whether he holds a certificate of practice and e any other particulars which may be prescribed. 3 the council shall cause to be published in such manner as may be prescribed a list of members of the institute as on the 1st day of april of each year, and shall, if requested to do so by any such member, send him a copy of such list 4on payment of such amount as may be prescribed. 54 every member of the institute shall, on his name being entered in the register, pay such annual membership fee as may be determined, by notification, by the council, 6: 7 1. subs by act 12 of , s. 86, for subsection 1 w.e.f. 2. subs by ,s. 86, ibid for register w.e.f. . 3. ins by s. 86, ibid., w.e.f. . 4. ins. by act 8 of , s. 17 w.e.f. . 5. subs. by s. 17, ibid., for subsection 4 w.e.f. . 6. the words ,which shall not exceed rupees five thousand omitted by act 12 of , s.86 w.e.f. 7. the proviso omitted by s. 86, ibid w.e.f. . notifications yeardescriptionfiles company secretaries act,,17/11/

section 20. of the company secretaries act : 1 the council may remove from the 1register of members the name of any member of the institute a who is dead or b from whom a request has been received to that effect or c who has not paid any prescribed fee required to be paid by him or d who is found to have been subject at the time when his name was entered in the 1register of members, or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the 1register of members. 2 the council shall remove from the 1register of members the name of any member in respect of whom an order has been passed under this act removing him from membership of the institute. 23 if the name of any member has been removed from the 1register of members under clause c of subsection 1, on receipt of an application, his name may be entered again in the 1register of members on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the council, 3: 4 1. subs. by act 12 of , s. 87, for register w.e.f. . 2. ins. by act 8 of , s. 18 w.e.f. . 3.the words ,which shall not exceed rupees two thousand omitted by act 12 of , s. 87 w.e.f . 4. the proviso omitted by s. 87, ibid., w.e.f. .

section 21. of the company secretaries act : show related subordinates 121. disciplinary directorate. 1 the council shall, by notification, establish a disciplinary directorate headed by an officer of the institute designated as director discipline and such other employees for making investigations in respect of any information or complaint received by it. 2 on receipt of any information or complaint along with the prescribed fee, the director discipline shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. 3 where the director discipline is of the opinion that a member is guilty of any professional or other misconduct mentioned in the first schedule, he shall place the matter before the board of discipline and where the director discipline is of the opinion that a member is guilty of any professional or other misconduct mentioned in the second schedule or in both the schedules, he shall place the matter before the disciplinary committee. 4 in order to make investigations under the provisions of this act, the disciplinary directorate shall follow such procedure as may be specified. 5 where a complainant withdraws the complaint, the director discipline shall place such withdrawal before the board of discipline or as the case may be, the disciplinary committee, and the said board or committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage. 1. subs. by s. 19, ibid., for section 21 w.e.f. .

section 21d. of the company secretaries act : 121d. transitional provisions. all complaints pending before the council or any inquiry initiated by the disciplinary committee or any reference or appeal made to a high court prior to the commencement of the company secretaries amendment act, 8 of shall continue to be governed by the provisions of this act, as if this act had not been amended by the company secretaries amendment act, . 1. ins. by act 8 of , s. 20 w.e.f. .

section 21a. of the company secretaries act : show related subordinates 121a. board of discipline. 1 the council shall constitute a board of discipline consisting of a a person with experience in law and having knowledge of the disciplinary matters and the profession, to be its presiding officer b two members one of whom shall be a member of the council elected by the council and the other member shall be the person designated under clause c of subsection 1 of section 16 c the director discipline shall function as the secretary of the board. 2 the board of discipline shall follow summary disposal procedure in dealing with all the cases before it. 3 where the board of discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the first schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register up to a period of three months c impose such fine as it may think fit which may extend to rupees one lakh. 4 the director discipline shall submit before the board of discipline all information and complaints where he is of the opinion that there is no prima facie case and the board of discipline may, if it agrees with the opinion of the director discipline, close the matter or in case of disagreement, may advise the director discipline to further investigate the matter 1. ins. by act 8 of , s. 20 w.e.f. . notifications yeardescriptionfiles constitution of appellate authority

section 21b. of the company secretaries act : show related subordinates 121b. disciplinary committee. 1 the council shall constitute a disciplinary committee consisting of the president or the vicepresident of the council as the presiding officer and two members to be elected from amongst the members of the council and two members to be nominated by the central government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy: provided that the council may constitute more disciplinary committees as and when it considers necessary. 2 the disciplinary committee, while considering the cases placed before it, shall follow such procedure as may be specified. 3 where the disciplinary committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the second schedule or both the first schedule and the second schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register permanently or for such period, as it thinks fit c impose such fine as it may think fit, which may extend to rupees five lakhs. 4 the allowances payable to the members nominated by the central government shall be such as may be specified. 1. ins. by act 8 of , s. 20 w.e.f. .

section 21c. of the company secretaries act : 121c. authority, disciplinary committee, board of discipline and director discipline to have powers of civil court. for the purposes of an inquiry under the provisions of this act, the authority, the disciplinary committee, board of discipline and the director discipline shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b the discovery and production of any document and c receiving evidence on affidavit. 2 1. ins. by act 8 of , s. 20 w.e.f. . 2. the explanation omitted by act 12 of , s. 92 w.e.f. .

section 22b. of the company secretaries act : 122b. term of office of members of authority. a person appointed as a member shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixtytwo years, whichever is earlier. 1. ins. by s. 22, ibid. w.e.f.

section 22. of the company secretaries act : 122. professional or other misconduct defined. for the purposes of this act, the expression professional or other misconduct shall be deemed to include any act or omission provided in any of the schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the director discipline under subsection 1 of section 21 to inquire into the conduct of any member of the institute under any other circumstances. 1. subs. by act 8 of , s. 21, for section 22 w.e.f.

section 22a. of the company secretaries act : show related subordinates 122a. constitution of appellate authority. the appellate authority constituted under subsection 1 of section 22a of the chartered accountants act, 38 of , shall be deemed to be the appellate authority for the purposes of this act subject to the modification that for clause b of said subsection 1, the following clause had been substituted, namely: b the central government shall, by notification appoint two parttime members from amongst the persons who have been members of the council of the institute of company secretaries of india for at least one full term and who is not a sitting member of the council. 1. ins. by s. 22, ibid. w.e.f.

section 24. of the company secretaries act : subject to the provisions of section 7, any person who, a not being a member of the institute, i represents that he is a member of the institute or ii uses the designation company secretary or iii uses the letters a.c.s. or f.c.s. after his name or b being a member of the institute, but not having a certificate of practice, represents that he is in practice or practises as a company secretary, shall be punishable on first conviction with fine which may extend to 1one lakh rupees, and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to 2five lakh rupees, or with both. 1. subs by act 12 of , s. 96, for one thousand rupees w.e.f. . 2. subs by, s. 96, ibid., for five thousand rupees w.e.f. .

section 22c., of authority. of the company secretaries act : show related subordinates 122c. procedure, etc., of authority. the provisions of section 22c, section 22d and section 22f of the chartered accountants act, 38 of shall apply to the authority in relation to allowances and terms and conditions of service of its chairperson and members, and in the discharge of its functions under this act as they apply to it in the discharge of its functions under the chartered accountants act, . 1. ins. by s. 22, ibid. w.e.f. rules notifications yeardescriptionfiles appellate authority allowances payable to, and other terms and conditions of service of chairperson and members and the manner of meeting expenditure of the authority rules, yeardescriptionfiles amendments in the appellate authorityallowances payable to,and other terms and conditions of service of chairperson and members and manner of meeting expenditure of the authorityrules,

section 22e. of the company secretaries act : 122e. appeal to authority. 1 any member of the institute aggrieved by any order of the board of discipline or the disciplinary committee imposing on him any of the penalties referred to in subsection 3 of section 21a and subsection 3 of section 21b, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the authority: provided that the director discipline may also appeal against the decision of the board of discipline or the disciplinary committee to the authority if so authorised by the council, within ninety days: provided further that the authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time. 2 the authority may, after calling for the records of any case, revise any order made by the board of discipline or the disciplinary committee under subsection 3 of section 21a and subsection 3 of section 21b and may a confirm, modify or set aside the order b impose any penalty or set aside, reduce, or enhance the penalty imposed by the order c remit the case to the board of discipline or disciplinary committee for such further enquiry as the authority considers proper in the circumstances of the case or d pass such other order as the authority thinks fit: provided that the authority shall give an opportunity of being heard to the parties concerned before passing any order. 1. ins. by s. 22, ibid. w.e.f.

section 22d. of the company secretaries act : 122d. officers and other staff of authority. 1 the council shall make available to the authority such officers and other staff members as may be necessary for the efficient performance of the functions of the authority. 2 the salaries and allowances and conditions of service of the officers and other staff members of the authority shall be such as may be prescribed. 1. ins. by s. 22, ibid. w.e.f.

section 23. of the company secretaries act : 1 for the purpose of advising and assisting it on matters concerning its functions, the council may constitute such regional councils as and when it deems fit for one or more of the regional constituencies that may be notified by the central government under clause a of subsection 2 of section 9. 2 the regional councils shall be constituted in such manner and exercise such functions as may be prescribed. 3 notwithstanding anything contained in this section, each regional council of the dissolved company shall, on the commencement of this act, become the regional council of the institute for the area for which it was functioning as a regional council immediately before such commencement and shall function as such i for a period of two years from such commencement, or ii till a regional council is constituted for such area in accordance with the provisions of this section, whichever is earlier.

section 27. of the company secretaries act : 1 no person other than a member of the institute shall sign any document on behalf of a company secretary in practice or a firm of such company secretaries in his or its professional capacity. 12 any person who contravenes the provisions of subsection 1 shall, without prejudice to any other proceedings which may be taken against him, be punishable on first conviction with a fine not less than 2one lakh rupees but which may extend to 3five lakh rupees, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to one year or with a fine not less than 4two lakh rupees but which may extend to 5ten lakh rupees or with both. 1. subs. by act 8 of , s. 24, for subsection 2 w.e.f. . 2. subs by act 12 of , s. 99, for five thousand rupees w.e.f. . 3. subs by , s. 99, ibid., for one lakh rupees w.e.f. . 4. subs by , s. 99, ibid., for ten thousand rupees w.e.f. . 5. subs by , s. 99, ibid., for two lakh rupees w.e.f. .

section 25. of the company secretaries act : 1 save as otherwise provided in this act, no person shall a use a name or a common seal which is identical with the name or the common seal of the institute or so nearly resembles it as to deceive or as is likely to deceive the public b award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence in company secretaryship similar to that of a member of the institute or c seek to regulate in any manner whatsoever the profession of company secretaries. 2 any person contravening the provisions of subsection 1 shall, without prejudice to any other proceedings which may be taken against him, 1be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction, and on any subsequent conviction with imprisonment which may extend to 2one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, or with both. 3 1 .subs by, s. 97, ibid., for be punishable on first conviction with fine which may extend to one thousand rupees. w.e.f. . 2.. subs by, s. 97, ibid., for six months, or with fine which may extend to five thousand rupees. w.e.f. . 3. subsection 3 omitted by act 8 of , s. 23 w.e.f. .

section 26. of the company secretaries act : 1 no company, whether incorporated in india or elsewhere, shall practise as company secretaries. 1explanation. for the removal of doubts, it is hereby declared that the company shall include any limited liability partnership which has company as its partner for the purposes of this section. 22 if any company contravenes the provisions of subsection 1, then every director, manager, secretary and any other officer who is knowingly a party to such contravention shall be punished on first conviction with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, and on any subsequent conviction with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees.. 1. explanation ins. by act 4 of , s. 3 w.e.f. 2. subs by act 12 of , s. 98, for subsection 2 w.e.f. .

section 28. of the company secretaries act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly: explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 29. of the company secretaries act : no person shall be prosecuted under this act except on a complaint made by or under the order of the council or of the central government.

section 29a. of the company secretaries act : show related subordinates 129a. establishment of quality review board. 1 the central government shall, by notification, constitute a quality review board consisting of a chairperson and four other members 2 the chairperson and members of the board shall be appointed from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy. 3 two members of the board shall be nominated by the council and other two members shall be nominated by the central government. 1. ins. by act 8 of , s. 25. w.e.f. rules notifications yeardescriptionfiles the company secretaries procedure of investigation of professional and other misconduct and conduct of cases rules, yeardescriptionfiles company secretaries act, the company secretaries procedures of meetings of quality review board and terms and conditions of service and allowances of the chairpersons and members of the board rules amendment to the company secretaries election to the council rules, amendments in the notification of the government of india ministry of corporate affairs, published in the gazette of india vide g.s.r. 490e dated the 13th july amendment to the notification no. gsr 490 e dated 13.07. amendment in notification g.s.r 490 e dated 13th july, in exercise of the powers conferred by section 29a of the company secretaries act, 56 of notification dated: 11.10. in exercise of the powers conferred by section 29a of the company secretaries act, 56 of

section 29b. of the company secretaries act : 129b. functions of board. the board shall perform the following functions, namely: a to make recommendations to the council with regard to the quality of services provided by the members of the institute b to review the quality of services provided by the members of the institute including secretarial services and c to guide the members of the institute to improve the quality of services and adherence to the various statutory and other regulatory requirements. 2d to forward cases of noncompliance with various statutory and regulatory requirements by the members of the institute or firms, noticed by it during the course of its review, to the disciplinary directorate for its examination. 1. ins. by act 8 of , s. 25. w.e.f. 2. ins. by act 12 of , s. 100, w.e.f. .

section 30.amendment of act 8 of of the company secretaries act : amendment of act 8 of .omitted by the company secretaries act, 8 of s. 2 and the first schedule w.e.f. .

section 32. of the company secretaries act : 1 on the commencement of this act, there shall be transferred to and vested in the institute all the assets and liabilities of the dissolved company. 2 the assets of the dissolved company shall be deemed to include all rights and powers, and all property, whether movable or immovable, of that company, including in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the dissolved company and all books of accounts, papers or documents of the dissolved company and the liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing of that company. 3 all contracts, debts, bonds, agreements and other instruments of whatever nature to which the dissolved company is a party, subsisting or having effect immediately before the commencement of this act, shall be of as full force and effect against or in favour of the institute, as the case may be, and may be enforced as fully and effectively as if instead of the dissolved company, the institute had been a party thereto. 4 if, on the commencement of this act, any suit, appeal or other legal proceeding of whatever nature by or against the dissolved company is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the institute of the assets and liabilities of the dissolved company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the institute, in the same manner and to the same extent as it would or may be continued, prosecuted and enforced by or against the dissolved company if this act had not been passed.

section 29c. procedure of board of the company secretaries act : show related subordinates 129c. procedure of board. the board shall meet at such time and place and follow in its meetings such procedure as may be specified. 1. ins. by act 8 of , s. 25. w.e.f. notifications yeardescriptionfiles company secretaries act,,27/11/

section 29d. terms and conditions of service of chairperson and members of board and its expenditure of the company secretaries act : show related subordinates 129d. terms and conditions of service of chairperson and members of board and its expenditure. 1 the terms and conditions of service of the chairperson and the members of the board, and their allowances shall be such as may be specified. 2 the expenditure of the board shall be borne by the council. 1. ins. by s. 25, ibid. w.e.f.

section 31. of the company secretaries act : on the commencement of this act a the company known as the institute of company secretaries of india registered under the companies act shall stand dissolved and thereafter no person shall make, assert or take any claims or demands or proceedings against the dissolved company or against any officer thereof in his capacity as such officer except in so far as may be necessary, for enforcing the provisions of this act b the right of every member to, or in respect of, the dissolved company shall be extinguished, and thereafter no member of that company shall make, assert or take any claims or demands or proceedings in respect of that company except as provided in this act

section 33. provisions respecting employees of the dissolved company of the company secretaries act : 1 every person employed in the dissolved company and continuing in its employment immediately before the commencement of this act shall, as from such commencement, become an employee of the institute, shall hold his office or service therein by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the dissolved company if this act had not been passed, and shall continue to do so unless and until his employment in the institute is terminated or until his remuneration, terms and conditions of employment are duly altered by the institute. 2 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any employee of the dissolved company to the institute shall not entitle any such employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority.

section 34.coordination committee of the company secretaries act : 1the coordination committee constituted under section 9a of the chartered accountants act, 38 of , shall be deemed to be the coordination committee for the purposes of this act. 1. subs by act 12 of , s. 101, for section 34 w.e.f. .

section 35. directions of the central government of the company secretaries act : 1 the central government may, from time to time, issue such directions to the council as in the opinion of the central government are conducive to the fulfilment of the objects of this act and in the discharge of its functions, the council shall be bound to carry out any such directions. 2 directions issued under subsection 1 may include directions to the council to make any regulations or to amend or revoke any regulations already made. 3 if, in the opinion of the central government, the council has persistently committed default in giving effect to the directions issued under this section, the central government may, after giving an opportunity to the council to state its case, by order, dissolve the council, whereafter a new council shall be constituted in accordance with the provisions of this act with effect from such date as may be specified by the central government. 4 where the central government passes an order under subsection 3 dissolving the council, it may, pending the constitution of a new council in accordance with the provisions of this act, authorise any person or body of persons to take over the management of the affairs of the institute and to exercise such functions as may be specified in this behalf by the central government

section 36. protection of action taken in good faith of the company secretaries act : 136. protection of action taken in good faith. no suit, prosecution or other legal proceeding shall lie against the central government or the council or the authority or the disciplinary committee or the tribunal or the board or the board of discipline or the disciplinary directorate or any officer of that government, council, authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate, for anything which is in good faith done or intended to be done under this act or any rule, regulation, notification, direction or order made thereunder. 1. subs. by act 8 of , s. 27, for section 36 w.e.f.

section 38a.power of central government to make rules of the company secretaries act : show related subordinates 138a. power of central government to make rules. 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner of election and nomination in respect of members to the council under subsection 2 of section 9 b the terms and conditions of service of the presiding officer and members of the tribunal, place of meetings and allowances to be paid to them under subsection 3 of section 10b 2c the form, manner and fee for filing an information or a complaint under subsection 1, the manner of deciding a complaint or information as actionable or nonactionable under subsection 2 and the procedure of investigation under subsection 7, of section 21 d the procedure while considering the cases by the boards of discipline under subsection 2 and time limit for payment of fine under subsection 7, of section 21a da the procedure while considering the cases by the disciplinary committees under subsection 2 and timelimit for payment of fine under subsection 7, of section 21b e the procedure to be followed by the board in its meetings under section 29c and f the terms and conditions of service of the chairperson and members of the board under subsection 1 of section 29d. 1. ins. by act 8 of , s. 29. w.e.f. . 2. subs. by act 12 of , s. 103, for clauses c and d w.e.f. .

section 36a., to be public servants. of the company secretaries act : 136a. members, etc., to be public servants. the chairperson, presiding officer, members and other officers and employees of the authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 8 of , s. 28 w.e.f.

section 37. of the company secretaries act : 1 where a company secretary in practice or a firm of such company secretaries has more than one office in india, each one of such offices shall be in the separate charge of a member of the institute: provided that the council may in suitable cases exempt any company secretary in practice or firm of such company secretaries from the operation of this subsection. 2 every company secretary in practice or firm of such company secretaries maintaining more than one office shall send to the council a list of offices and the persons in charge thereof and shall keep the council informed of any changes in relation thereto

section 39. of the company secretaries act : 1 the council may, by notification in the gazette of india, make regulations for the purpose of carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the professions that may be recognised under subsection 2 of section 2 and 1item 2 and 4 of part i of the first schedule b the examinations and training for the purposes of clauses c, d and e of subsection 1 of section 4 c the manner of making an application and granting thereof under subsection 3 of section 4 or subsection 3 of section 5 d the fees payable under subsection 3 of section 4, subsection 3 of section 5, subsection 2 of section 6, 2 subsection 2 of section 15, subsection 4 of section 19 and clause c of subsection 1 of section 20 e the qualifications and practical experience for the purposes of subsection 3 of section 5 f the form in which an application may be made under subsection 2 of section 6 3fa the circumstances under which certificates of practice may be cancelled under subsection 3 of section 6 fb the powers, duties and functions of the president and the vicepresident of the council under subsection 2b of section 12 4 h the transaction of business by the council for the discharge of its functions under section 15and other provisions of this act, the place at which and the intervals at which the council shall hold its meetings for the transaction of such business, the procedure to be followed at such meetings and all other matters connected therewith 3ha guidelines for granting or refusal of certificates of practice under clause e of subsection 2 of section 15 i the regulation and maintenance of the status and standards of professional qualifications of members of the institute, as required by 4clause g of subsection 2 of section 15 j the carrying out of research in matters of interest to company secretaries as required by 5clause h of subsection 2 of section 15 k the maintenance of libraries and publication of books and periodicals relating to management of companies and allied subjects, as required by 6clause f of section 15a 3ka the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the secretary and other officers and employees of the council under clause c of subsection 2 of section 16 7 m the transaction of business by the standing committees and other committees referred to in section 17, the places at which and the intervals at which such committees shall hold their meetings for the transaction of such business, the procedure to be followed at such meeting and all other matters connected therewith 3ma the maintenance of accounts under subsection 3, the manner of preparing annual financial statement under subsection 4 and the manner of preparing the annual accounts of the council under subsection 5, of section 18 n the manner in which the register may be maintained under subsection 1 of section 19 o the other particulars to be included in the register, as required by clause e of subsection 2 of section 19 8p the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20a pa the manner of maintenance of register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under subsection 1 and subsection 2 and the manner in which the annual list of firms registered with the institute shall be published under subsection 3, of section 20b pb the manner of making available status of actionable information and complaints and orders passed under subsection 9 of section 21 pc the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of the boards of discipline under subsection 8, of section 21a pd the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of the disciplinary committees under subsection 8 of section 21b pe the salaries and allowances and conditions of service of officers and staff of the authority under subsection 2 of section 22d 9 r the manner in which regional council may be constituted under subsection 2 of section 23 and the functions thereof s the conditions subject to which foreign qualifications may be recognised under subsection 2 of section 38 t any other matter which is required to be, or may be, prescribed under this act. 3 all regulations made by the council under this act shall be subject to the condition of previous publication and to the approval of the central government. 10 1. subs. by act 8 of , s. 30, for items 1, 3 w.e.f. . 2. the words, brackets and letter clause a of omitted by , s. 30, ibid w.e.f. . 3. ins. by act 12 of , s. 104 w.e.f. . 4. clause g omitted by s. 30, ibid. w.e.f. . 4. subs. by s. 30, ibid., for clause i w.e.f. . 5. subs. by s. 30, ibid., for clause j w.e.f. . 6. subs. by s. 30, ibid., for clause k of subsection 2 of section 15 w.e.f. . 7. clause l omitted by s. 30, ibid. w.e.f. . 8. subs. by act 12 of , s. 104, for clause p w.e.f. . 9. clause q omitted by s. 30, ibid. w.e.f. . 10. subsection 4 omitted by act 8 of , s. 30 w.e.f..

section 38. reciprocity of the company secretaries act : 1 where any country, notified by the central government in this behalf in the official gazette, prevents persons of indian domicile from becoming members of any institution similar to the institute established under this act or from practising the profession of company secretaryship or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practise the profession of company secretaries in india. 2 subject to the provisions of subsection 1, the council may prescribe the conditions, if any, subject to which foreign qualifications relating to company secretaryship shall be recognised for the purposes of entry in the 1register of members. 1. subs. by act 12 of , s. 102, for register w.e.f. .

section 40. of the company secretaries act : 140. rules, regulations and notifications to be laid before parliament. every rule and every regulation made and every notification issued under this act shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation or notification, or both houses agree that the rule, regulation or notification should not be made, or issued, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification. 1. ins. by s. 31, ibid. w.e.f.

section 8. of the central agricultural university act : 1 the president of india shall be the visitor of the university. 2 subject to the provisions of subsections 3 and 4, the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its buildings, laboratories, libraries, museums, workshops and equipments, and of any institution or college and also of the examination, instruction and other work conducted or done by the university, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the university. 3 the visitor shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made and the university shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the visitor may determine, such representations to him as it may consider necessary. 4 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where an inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry. 6 the visitor may address the vicechancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the visitor may be pleased to offer and on receipt of the address made by the visitor, the vicechancellor shall communicate forthwith to the board the results of the inspection or inquiry and the views of the visitor and the advice tendered by him upon the action to be taken thereon. 7 the board shall communicate through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. 8 where the board does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the board, issue such directions as he may think fit and the board shall be bound to comply with such directions. 9 without prejudice to the foregoing provisions of this section, the visitor may, by an order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. 10 the visitor shall have such other powers as may be specified by the statutes.

section 1. of the central agricultural university act : 1 this act may be called the central agricultural university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 26th january, , vide notification no. s.o. 72e, dated 25th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the central agricultural university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c agriculture means the basic and applied sciences of the soil and water management, crop production including production of all garden crops, control of plants, pests and diseases, horticulture including floriculture, animal husbandry including veterinary and dairy science, fisheries, forestry including farm forestry, homescience, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry products, land use and management d board means the board of management of the university e board of studies means the board of studies of the university f chancellor means the chancellor of the university g college means a constituent college of the university whether located at the headquarters, campus or elsewhere h department means a department of studies of the university i employee means any person appointed by the university and includes teachers and other staff of the university j extension education means the educational activities concerned with the training of orchardists, farmers and other groups serving agriculture, horticulture, fisheries and improved practices related thereto and the various phases of scientific technology related to agriculture and agricultural production including post harvest technology and marketing k faculty means faculty of the university l northeastern region means the northeastern region of india comprising the states of arunachal pradesh, manipur, meghalaya, mizoram, 1nagaland, sikkim and tripura m ordinances means the ordinances of the university n regulations means the regulations made by any authority of the university o research advisory committee means the research advisory committee of the university p statutes means the statutes of the universityq student means a person enrolled in the university for undergoing a course of studies for obtaining a degree, diploma or other academic distinction duly instituted r teachers means professors, associate professors, assistant professors, teaching faculty members and their equivalent appointed for imparting instruction or conducting research or extension education programmes or combination of these in the university, college or any institute maintained by the university and designated as teachers by the ordinances s university means the central agricultural university established under this act t vicechancellor means the vicechancellor of the university u visitor means the visitor of the university. 1. ins. by act 45 of , s. 2 w.e.f. .

section 7. of the central agricultural university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 3. of the central agricultural university act : 1 there shall be established a university by the name of the central agricultural university. 2 the headquarters of the university shall be at imphal in the state of manipur and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the board, the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the central agricultural university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 4. of the central agricultural university act : the objects of the university shall be a to impart education in different branches of agricultural and allied sciences as it may deem fit b to further the advancement of learning and prosecution of research in agriculture and allied sciences c to undertake programmes of extension education in the states under its jurisdiction and d to undertake such other activities as it may, from time to time, determine.

section 11. of the central agricultural university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the board within three months from the date on which decision on such action is communicated to him and thereupon the board may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 13. of the central agricultural university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 5. of the central agricultural university act : the university shall have the following powers, namely: i to make provision for instructions in agricultural and allied sciences ii to make provision for conduct of research in agricultural and allied branches of learning iii to make provision for dissemination of the findings of research and technical information through extension programmes iv to grant, subject to such conditions as it may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause v to confer honorary degrees or other distinctions in the manner prescribed by the statutes vi to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the university and to grant certificates to them as may be prescribed by the statutes vii to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine viii to establish and maintain colleges relating to agriculture, fisheries, dairying, veterinary medicine and animal science, homescience, agricultural engineering, forestry and allied sciences ix to establish and maintain such campuses, special centres, specialised laboratories, libraries, museums or other units for research and instruction as are, in its opinion, necessary for the furtherance of its objects x to create teaching, research and extension education posts and to make appointments thereto xi to create administrative, ministerial and other posts and to make appointments thereto xii to institute and award fellowships, scholarships, studentships, medals and prizes xiii to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xiv to provide and maintain residential accommodation for students and employees xv to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xvi to lay down conditions of service of all categories of employees, including their code of conduct xvii to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as it may deem necessary xviii to fix, demand and receive such fees and other charges as may be prescribed by the statutes xix to borrow, with the approval of the central government on the security of its property, money for the purpose of the university xx to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for its purposes xxi to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 6. of the central agricultural university act : 1 the jurisdiction and responsibility of the university with respect to teaching, research and programmes of extension education at the university level, in the field of agricultural shall extend to the states of arunachal pradesh, manipur, meghalaya, mizoram, 1nagaland, sikkim and tripura. 2 all colleges, research and experimental stations or other institutions coming under the jurisdiction and authority of the university shall be its constituent units under the full management and control of its officers and authorities and no such units shall be recognised as affiliated units. 3 the university may assume responsibility for the training of field extension workers and others and may develop such training centres as may be required in various parts of the states under its jurisdiction. 1. ins. by act 45 of , s. 3 w.e.f. .

section 14. of the central agricultural university act : the comptroller shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 9. of the central agricultural university act : the following shall be the officers of the university, namely: 1 the chancellor 2 the vicechancellor 3 deans 4 directors 5 the registrar 6 the comptroller and 7 such other officers as may be prescribed by the statutes.

section 16. of the central agricultural university act : the following shall be the authorities of the university, namely: 1 the board 2 the academic council 3 the finance committee 4 the research programme committee 5 the extension education advisory committee 6 the board of studies and 7 such other authorities as may be prescribed by the statutes.

section 10. of the central agricultural university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 18. of the central agricultural university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes. 2 the constitution of the academic council and the term of office of its members shall be prescribed by the statutes.

section 12. of the central agricultural university act : every dean and every director shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the central agricultural university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 17. of the central agricultural university act : 1 the board shall be the principal executive body of the university. 2 the constitution of the board, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 19. of the central agricultural university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 20. of the central agricultural university act : the constitution, powers and functions of the research programme committee shall be prescribed by the statutes.

section 26. of the central agricultural university act : 1 the first statutes are those set out in the schedule. 2 the board may from time to time make statutes or may amend or repeal the statutes referred to in subsection 1: provided that the board shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the board. 3 every statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent therefrom or remit it to the board for consideration. 4 a statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the board is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board for its inability to comply with such direction, make or amend the statutes suitably.

section 21. of the central agricultural university act : the constitution, powers and functions of the extension education advisory committee shall be prescribed by the statutes.

section 22. of the central agricultural university act : the constitution, powers and functions of the board of studies shall be prescribed by the statutes.

section 23. of the central agricultural university act : the university shall have such faculties as may be prescribed by the statutes.

section 24. of the central agricultural university act : the constitution, powers and functions of other authorities of the university referred to in clause 7 of section 16 shall be such as may be prescribed by the statutes.

section 25. of the central agricultural university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities of the university, as may be constituted from time to time b the appointment and continuance in office of the members of the said authorities, the filling up of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university and their emoluments e the appointment of teachers and academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the board by any employee or student against the action of any officer or authority of the university j the establishment and abolition of departments, centres, colleges and institutions k the conferment of honorary degrees l the withdrawal of degrees, diplomas, certificates and other academic distinctions m the institution of fellowships, scholarships, studentships, medals and prizes n the delegation of powers vested in the authorities or officers of the university o the maintenance of discipline among the employees and students p all other matters which by this act are to be, or may be, prescribed by the statutes.

section 27. of the central agricultural university act : 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees, diplomas and certificates of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of special centres, specialized laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the setting up of a machinery for redressal of grievances of employees and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended or repealed at any time by the board in the manner prescribed by the statutes.

section 34. of the central agricultural university act : 1 the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 28. of the central agricultural university act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes.

section 29. of the central agricultural university act : 1 the annual report of the university shall be prepared under the direction of the board, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the board on or after such date as may be prescribed by the statutes and the board shall consider the report in its annual meeting. 2 the board shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 30. of the central agricultural university act : 1 the annual accounts of the university shall be prepared under the directions of the board and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the board and the visitor along with the observations of the board. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the board and the observations of the board, if any, shall be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the official gazette.

section 31. of the central agricultural university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the board, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2 shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 33. of the central agricultural university act : every employee or student of the university or of a college or institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutes, to the board against the decision of any officer or authority of the university or any college or an institution, as the case may be, and thereupon the board may confirm, modify or reverse the decision appealed against.

section 32. of the central agricultural university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the board and the board may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 31 shall, as far as may be, apply to a reference made under this subsection.

section 35. of the central agricultural university act : if any question arises as to whether any person has been duly appointed as, or is entitled to be, a member of any authority of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 41. of the central agricultural university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 36. of the central agricultural university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 37. of the central agricultural university act : all casual vacancies among the members other than ex officio members of any authority of the university shall be filled, as soon as may be, by the person who appointed or coopted the member whose place has become vacant and person appointed or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 42. of the central agricultural university act : notwithstanding anything contained in this act and the statutes, a the first chancellor and the first vicechancellor shall be appointed by the visitor and shall hold office for a term of five years b the first registrar and the first comptroller shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first members of the board shall be nominated by the visitor and shall hold office for a term of three years d the first members of the academic council shall be nominated by the visitor and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 38. of the central agricultural university act : no act or proceedings of any authority of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 39. of the central agricultural university act : no suit, prosecution or other legal proceedings shall lie against the board, any authority or officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 40. of the central agricultural university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if verified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 43. of the central agricultural university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statutes, ordinances or regulations may be applicable.

section 8. of the police act : 1every policeofficer 2appointed to the police force other than an officer mentioned in section 4 shall receive on his appointment a certificate in the from annexed to this act under the seal of the inspectorgeneral or such other officer as the inspectorgeneral shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions, and privileges of a policeofficer. surrender of certificate.3such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a policeofficer, and, on his ceasing to be such an officer, shall be forthwith surrendered by him to any officer empowered to receive the same. a policeofficer shall not by reason of being suspended from office cease to be a policeofficer. during the term of such suspension the powers, functions and privileges vested in him as a policeofficer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities, as if he had not been suspended. 1. as to enrolment, maintenance and discipline of 1 the military policeforce employed in a the andaman and nicobar islands, see the andaman and nicobar islands military police disbandment regulation, 3 of b assam, see the assam rifles act, 5 of c bengal, see the eastern frontier rifles bengal battalion act, ben. 2 of 2 the punjab frontier policeofficers, see the punjab frontier policeofficer regulation, 7 of 3 the calcutta and suburban police, see the calcutta police act, ben. 4 of and the calcutta suburban police act, ben. 2 of 4 the police establishment in municipal areas in the u.p., see the u.p. municipalities act, u.p. 2 of 5 the police establishment in municipal areas in the punjab, see the punjab municipal act, pun. 3 of 6 the rural police in the sonthal parganas, see the sonthal parganas rural police regulation, 4 of 7 the rural police in chota nagpur, see the chota nagpur rural police act, b. o. 1 of 8 the u.p. special armed constabulary, see the u.p. special armed constabulary act, u.p. 5 of 9 the delhi special police establishment, see the delhi special police establishment act, 25 of and 10 delhi police, see, delhi police act, 34 of . 2. subs. by the a.o. , for so appointed. 3. subs. by act 8 of , s. 3, for the second paragraph.

section 1. of the police act : the following words and expressions in this act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say the words magistrate of the district shall mean the chief officer charged with the executive administration of a district and exercising the powers of a magistrate, by whatever designation the chief officer charged with such executive administration is styled: the word magistrate shall include all persons within the general policedistrict, exercising all or any of the power of a magistrate: the word police shall include all persons who shall be enrolled under this act: the words general policedistrict shall embrace any1 presidency, 2 state or place, or any part of any presidency, 3 state or place, in which this act shall be ordered to take effect: 4 the words district superintendent and district superintendent of police shall include any assistant district superintendent or other person appointed by general or special order of the 5state government to perform all or any of the duties of a district superintendent of police under this act in any district: the word property shall include any moveable property money, or valuable security: 6 the word person shall include a company or corporation: the word month shall mean a calendar month: 7 the word cattle shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine. 8 references to the subordinate ranks of a police force shall be construed as references to members of that force below the rank of deputy superintendent. 1. short title given by the indian short titles act, 14 of . this act has been applied to the sonthal parganas by the sonthal parganas settlement regulation, 3 of , s. 3 the town of calcutta and its suburbs, with modifications by the calcutta police act, ben.1 of the khondmals district by the khondmals laws regulation, 4 of , s. 3 and schedule the angul district by the angul laws regulation, 5 of , s. 3 and schedule and the areas transferred to orissa from the madras presidency, by the orissa laws regulation, 1 of . it has been declared, by notification under section 3 a of the scheduled districts act, 14 of , to be in force in the following scheduled districts, namely: the district of hazaribagh, lohardaga now the ranchi district, see calcutta gazette, part i, p.44 and manbhum and pargana dhalbhum and the kolhan in the district of singhbhum, see gazette of india, , part i p.504, and the porahat estate in the singhbhum district, see gazette of india, , part i, p . it has been extended, by notification under s. 5 of the same act, to the kumaon and garhwal districts, see gazette of india, , part i, p.185, and with the exception of s. 5 to the scheduled district of coorg, see gazette of india, , part ii, p. . ss. 15, 15a, 16, 30, 30a, 31 and 32 have been extended to the scheduled districts in ganjam and vizagapatam, see fort st. george gazette, , part i, p.667, and gazette of india, , part i, p. 873.the whole act has been extended to the amindivi islands attached to the south kanara district see fort st. george gazette, , part i, p. . it has been extended to the merged states and the states of bhopal, bilaspur, himachal pradesh and kutch by the merged states laws act, 59 of , and to the states of manipur, tripura and vindhya pradesh by the part c states laws act, 30 of . it has been extend to 1 and brought into force in dadra and nagar haveli w.e.f. by reg. 6 of , s. 2 and the first schedule 2 laccadive minicoy and amindivi islands w.e.f. : vide reg. 8 of , s. 3 and schedule 3 the whole of madhya pardesh by m.p. act 23 of when notified and 4 goa, daman and diu with modifications, by reg. 12 of , s. 3 and the schedule. as to special enactments in force in madras, bombay and lower provinces of bengal, and extensions of this act under the power conferred by section 46, see notes to that section. as to special enactments for military, frontier or rural police in force in certain parts of the states, see footnote to section 8. as to the creation of special policedistricts embracing parts of two or more provinces and the extension to every part thereof the powers and jurisdiction of members of a police force belonging to any part of the states, see the police act, 3 of . the act has been amended in its application to the c.p. and berar by c.p. and berar act 3 of madras by madras act 13 of the u.p. by u.p. acts 2 of , 2 of and 32 of punjab by e.p. act 30 of pondicherry by pondicherry act 7 of west bengal by west bengal act 5 of orissa by orissa acts 5 of and 34 of and sikkim by skkim act 7 of . repealed in its application to bellary district by mysore act 14 of . 2. under s. 2 of police act, 3 of , the central government may, notwithstanding this provision, create a special policedistrict, consisting of parts of two or more states. as to delhi state, see gazette of india, , pt. i, p. . 3. subs. by the a.o. , for province. 4. ins. by act 8 of , s. 1. 5. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g. 6. the definitions relating to number and gender rep. by act 10 of , s. 3 and the second schedule. 7. cf. definition of cattle in s. 3 of the cattletrespass act, 1 of . 8. ins. by the a.o. .

section 7., of inferior officers. of the police act : 23subject to the provisions of article 311 of the constitution, and to such rules as the 1state government may from time to time make under this act, the inspectorgeneral, deputy inspectorsgeneral, assistant inspectorgeneral and district superintendents of police may at any time dismiss, suspend or reduce any policeofficer of the subordinate ranks whom they shall think remiss or negligent in the discharge of his duty, or unfit for the same 4or may award any one or more of the following punishments to any policeofficer 5of the subordinate ranks who shall discharge his duty in a careless or negligent manner, or who by any act of his own shall render himself unfit for the discharge thereof, namely: a fine to any amount not exceeding one months pay b confinement to quarters for a term not exceeding fifteen days, with or without punishmentdrill, extra guard, fatigue or other duty c deprivation of goodconduct pay d removal from any office of distinction or special emolument.6 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.. 2. subs., ibid., for certain words. 3. subs. by the a.o. as amended by c.o. 29, for subject to such rules. 4. subs. by act 8 of , s. 2, for certain words.v 5. ins. by the a.o. . 6. for clause e, applicable to certain areas in the u.p., see u.p. act 2 of .

section 2. of the police act : 22. constitution of the forces. the entire policeestablishment under a 1state government shall for the purposes of this act, be deemed to be one 3police force, and shall be formally enrolled and shall consist of such number of officers and men, and shall be constituted in such manner, 4 as shall from time to time be ordered by the 1state government 5. 6subject to the provisions of this act the pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as maybe determined by the 2state government. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g. 2. s. 2, so far as it is related to the provinces under the administration of the lieutenantgovernor of bengal, rep. by the bengal police act, ben. 7 of . 3. see note to s. 8, infra, as to enrolment of the police force in certain places. 4. the words and the members of such force shall receive such pay omitted by the a.o. . 5. certain words omitted, ibid. 6. ins. ibid.

section 3. of the police act : superintendence in the 1state government.the superintendence of the police throughout a general policedistrict shall vest in and 2 shall be exercised by the 1state government to which such district is subordinate and except as authorised under the provisions of this act, no person, officer, or court shall be empowered by the 1state government to 3 supersede, or control any police functionary. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g. 2. see note to s. 8, infra, as to enrolment of the police force in certain places. 3. the word appoint omitted, ibid.

section 9. of the police act : no policeofficer shall be at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the district superintendent or by some other officer authorised to grant such permission or, without the leave of the district superintendent, to resign his office unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.

section 5. of the police act : the inspectorgeneral of police shall have the full powers of a magistrate throughout the general policedistrict but shall exercise those powers subject to such limitation as may from time to time be imposed by the 1 state government. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 10. of the police act : no policeofficer shall engage in any employment or office whatever other than his duties under this act, unless expressly permitted to do so in writing by the inspectorgeneral.

section 4. of the police act : 1the administration of the police throughout the general police district shall be vested in an officer to be styled the inspectorgeneral of police, and in such deputy inspectorsgeneral and assistant inspectorsgeneral as to the 2 state government shall been seem fit. the administration of the police throughout the local jurisdiction of the magistrate of the district shall, under the general control and direction of such magistrate, be vested in a district superintendent and such assistant district superintendents as the 2 state government shall consider necessary. 3 1. in the town and suburbs of calcutta, the administration of the police vests in the commissioner of police, see s. 3 of the calcutta police act, ben. 4 of . 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.. 3. certain words omitted by the a.o. .

section 14. of the police act : whenever any railway, canal or other public work, or any manufactory or commercial concern shall be carried on, or be in operation in any part of the country, and it shall appear to the inspectorgeneral that the employment of an additional policeforce in such place is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed upon such work, manufactory or concern, it shall be lawful for the inspectorgeneral, with the consent of the 1 state government, to depute such additional force to such place, and to employ the same so long as such necessity shall continue, and to make orders, from time to time, upon the person having the control or custody of the funds used in carrying on such work, manufactory or concern, for the payment of the extra force so rendered necessary, and such person shall thereupon cause payment to be made accordingly. 1. subs. by the a.o. , for provincial governmentwhich had been subs. by the a.o. , for l.g..

section 6.. of the police act : magisterial powers of police officers. rep. by the code of criminal procedure, act 10 of , s. 2 and schedule i b.

section 16. of the police act : 116. recovery of moneys payable under sections 13, 14, 15 and 15a, and disposal of same when recovered.1 all moneys payable under sections 13, 14, 15 and 15a shall be coverable by the magistrate of the district in the manner provided by sections 386 and 387 of the code of criminal procedure, 10 of , for the recovery of fines, or by suit any competent court. 3 3 all moneys paid or recovered under section 15a shall be paid by the magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section. 1. subs. by act 8 of , s. 6, for section 16. 2. see now ss. 421 and 422 of the code of criminal procedure, act 2 of . 3. subssection 2 omitted by the a.o. . see however, para. 4 of the india and burma transitory provisions order .

section 11.. of the police act : police superannuation fund. rep. by the repealing act, 16 of s. 1 and sch., pt. i.

section 13. of the police act : it shall be lawful for the inspectorgeneral of police, or any deputy inspectorgeneral, or assistant inspectorgeneral, or for the district superintendent, subject to the general direction of the magistrate of the district, on the application of any person showing the necessity thereof, to depute any additional number of policeofficers to keep the peace at any place within the general policedistrict, and for such time as shall be deemed proper. such force shall be exclusively under the orders of the district superintendent, and shall be at the charge of the person making the application: provided that it shall be lawful for the person on whose application such deputation shall have been made, on giving one months notice in writing to the inspectorgeneral, deputy inspectorgeneral, or assistant inspectorgeneral, or to the district superintendent, to require that the policeofficers so deputed shall be withdrawn and such person shall be relieved from the charge of such additional force from the expiration of such notice.

section 18. of the police act : every special policeofficer so appointed shall have the same powers, privileges and protection, and shall be liable to perform the same duties and shall be amenable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of police.

section 15. of the police act : 115. quartering of additional police in disturbed or dangerous districts.1 it shall be lawful for the 2state government, by proclamation to be notified in the official gazette, and in such other manner as the 2state government shall direct, to declare that any area subject to its authority has been found to be in a disturbed or dangerous state, or that, from the conduct of the inhabitants of such area or of any class or section of them, it is expedient to increase the number of police. 2 it shall thereupon be lawful for the inspectorgeneral of police, or other officer authorised by the 2state government in this behalf, with the sanction of the 2 state government, to employ any policeforce in addition to the ordinary fixed complement to be quartered in the area specified in such proclamation as aforesaid. 3 subject to the provisions of subsection 5 of this section, the cost of such additional policeforce shall be borne by the inhabitants of such area described in the proclamation. 4 the magistrate of the district, after such enquiry as he may deem necessary, shall apportion such cost among the inhabitants who are, as aforesaid, liable to bear the same and who shall not have been exempted under the next succeeding subsection. such apportionment shall be made according to the magistrates judgement of the respective means within such area of such inhabitants. 5 it shall be lawful for the 2state government by order to exempt any persons or class or section of such inhabitants from liability to bear any portion of such cost. 6 every proclamation issued under subsection 1 of this section shall state the period for which it is to remain in force, but it may be withdrawn at any time or continued from time to time for a further period or periods as the 2state government may in each case think fit to direct. explanation.for the purposes of this section, inhabitants shall include persons who themselves or by their agents or servants occupy or hold land or other immoveable property within such area, and landlords who themselves or by their agents or servants collect rents direct from raiyats or occupiers in such area, notwithstanding that they do not actually reside therein. 1. subs. by act 8 of , s. 4, for the section 15. 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 12. of the police act : the inspectorgeneral of police may, from time to time, subject to the approval of the 1 state government, frame such orders and rules as he shall deem expedient relative to the organization, classification and distribution of the policeforce, the places at which the members of the force shall reside, and the particular services to be performed by them their inspection, the description of arms, accoutrements and other necessaries to be furnished to them the collecting and communicating by them of intelligence and information and all such other orders and rules relative to the policeforce as the inspectorgeneral shall, from time to time, deem expedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 15a. of the police act : 115a. awarding compensation to sufferers from misconduct of inhabitants or persons interested in land.1 if, in any area in regard to which any proclamation notified under the last preceding section is in force, death or grievous hurt or loss of, or damage to, property has been caused by or has ensued from the misconduct of the inhabitants of such area or any class or section of them it shall be lawful for any person, being an inhabitant of such area, who claims to have suffered injury from such misconduct to make, within one month from the date of the injury or such shorter period as may be prescribed, an application for compensation to the magistrate of the district or of the subdivision of a district within which such area is situated. 2 it shall thereupon be lawful for the magistrate of the district, with the sanction of the 2state government after such enquiry as he may deem necessary, and whether any additional policeforce has or has not been quartered in such area under the last preceding section, to a declare the persons to whom injury has been caused by or has ensued from such misconduct b fix the amount of compensation to be paid to such persons and the manner in which it is to be distributed among them and c assess the proportion in which the same shall be paid by the inhabitants of such area other than the applicant who shall not have been exempted from liability to pay under the next succeeding subsection: provided that the magistrate shall not make any declaration or assessment under this subsection, unless he is of opinion that such injury as aforesaid has arisen from a riot or unlawful assembly within such area, and that the person who suffered the injury was himself free from blame in respect of the occurrences which led to such injury. 3 it shall be lawful for the 2state government, by order, to exempt any persons or class or section of such inhabitants from liability to pay any portion of such compensation. 4 every declaration or assessment made or order passed by the magistrate of the district under subsection 2 shall be subject to revision by the commissioner of the division or the 2state government, but save as aforesaid shall be final. 5 no civil suit shall be maintainable in respect of any injury for which compensation has been awarded under this section. 6 explanation.in this section the word inhabitants shall have the same meaning as in the last preceding section. state amendment orissa. amendment of section 15a.in the police act, act 15 of , in its application to amendment the state of orissa, for section 15a, the following section shall be substituted, namely: 15a. awarding compensation to sufferers from misconduct of inhabitants of any area.1 if, any area, death or grievous hurt awarding or loss of or damage to property including public property has been caused by or hasensued from sufferers the misconduct of the inhabitants of such area or any class or section of them or from the failure inhabitants on their part to render assistance in preventing such loss or damage, it shall be lawful for any person who claims to have suffered injury, loss or case from such misconduct or failure, to make within one month from the date of the injury, loss or damage, as the case may be, an application for compensation to the magistrate of the district within which such area is situated. 2 it shall thereupon be lawful for the magistrate of the district, with the sanction of the state government, after such enquiry as he may deem necessary, and whether any additional police force has or, has not been quartered in such area under the last preceding section to a declare the limits of the area the inhabitants of which have, in his opinion, been guilty of such misconduct or failure b declare the persons to whom injury, loss or damage has been caused by or has ensued from such misconduct or failure, c fix the amount of compensation to be paid to such person and where there are more than one such person, the manner in which it is to be distributed among them and d assess the proportion in which the same shall be paid by the inhabitants other than the applicant of such area who shall not have been exempted under subsection 3 from the liability to pay: provided that where the applicant is a private individual, the magistrate shall not make any declaration unless he is of opinion that such injury, loss or damage as aforesaid has arisen from a riot or unlawful assembly within such area and that the applicant was himself free from blame in respect of the occurrence which led to the injury, loss or damage. 3 it shall be lawful for the state government, by order, to exempt any person or class or section of such inhabitants from the liability to pay any portion of such compensation. 4 every declaration or assessment made or order passed by the magistrate of the district under subsection 2 shall be subject to revision by the revenue divisional commissioner or the state government, but save as aforesaid, shall be final. 5 no civil suit shall be maintainable in respect of any injury, loss or damage for which compensation has been awarded under this section. explanation iin this section a inhabitants shall have the same meaning as in section 15 b person shall include the central government, the government of any state, any local authority, any company, any corporation and any association or body of individuals, whether incorporated or not c public property shall have reference to any property owned by or belonging to i the central government or the government of any state ii any local authority iii any corporation established under any is owned, controlled or managed, partly or wholly, by the central government or any state government iv any company in which not less than fiftyone per cent of the share capital is held by the central government or any state government or jointly by more than one such government and v any autonomous body established under any law. explanation ii an application under subsection 1 maybe made a in case of the government, by such officer as the government may authorize in that behalf, and b in the case of any local authority , company, corporation, association or body, by the person who is in charge of the property. vide the orissa act 5 of , s. 2 1. ins. by s. 5, ibid. 2. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 17. of the police act : when it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the policeforce ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it shall be lawful for any police officer not below the rank of inspector to apply to the nearest magistrate to appoint so many of the residents of the neighbourhood as such policeofficers may require to act as special policeofficers for such time and within such limits as he shall deem necessary and the magistrate to whom such application is made shall, unless he see cause to the contrary, comply with the application.

section 19. of the police act : if any person being appointed a special policeofficer as aforesaid shall without sufficient excuse, neglect or refuse to serve as such, or to obey such lawful order or direction as may be given to him for the performance of his duties, he shall be liable, upon conviction before a magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

section 20. of the police act : 120. authority to be exercised by policeofficers.policeofficers enrolled under this act shall not exercise any authority, except the authority provided for a policeofficer under this act and any act which shall hereafter be passed for regulating criminal procedure. 1. for some cases in which the application of s. 20 has been restricted, see the assam policeofficers regulation, 2 of , and s. 2 of the punjab frontier policeofficer regulation, 7 of .

section 26. of the police act : 1 the magistrate of the district may detain the property and issue a proclamation, specifying the articles of which it consists, and requiring any person who has any claim thereto to appear and establish his right to the same within six months from the date of such proclamation. 1 2 the provisions of section 525 of the 2code of criminal procedure, 10 of , shall be applicable to property referred to in this section. 1. ins. by act 8 of , s. 7. 2. see now the code of criminal procedure, 2 of , s. 459.

section 21. of the police act : nothing in this act shall affect any hereditary or other village policeofficer, unless such officer shall be enrolled as a policeofficer under this act. when so enrolled, such officer shall be bound by the provisions of the last preceding section. no hereditary or other village policeofficer shall be enrolled without his consent and the consent of those who have the right of nomination. policechaukidars in the presidency of fort william.if any policeofficer appointed under 1act xx of to make better provision . for the appointment and maintenance of policechaukidars in cities, towns, stations, suburbs and bazars in the presidency of fort william in bengal is employed out of the district for which he shall have been appointed under that act, he shall not be paid out of the rates levied under the said act for that district. 1. the bengal chaukidari act, .

section 22. of the police act : every policeofficer shall, for all purposes in this act contained, be considered to be always on duty, and may at any time be employed as a policeofficer in any part of the general policedistrict.

section 23. of the police act : it shall be the duty of every policeofficer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority to collect and communicate intelligence affecting the public peace to prevent the commission of offences and public nuisances to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists and it shall be lawful for every policeofficer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinkingshop, gaminghouse or other place of resort of loose and disorderly characters. state amendment orissa. insertion of new section 23a.in the police act, , after section 23, the following new section shall be inserted, namely: 23a. power in relation to cognizable offences in a running train.without prejudice to the provisions contained in the code of criminal procedure, 2 of , a subinspector of police, posted to the mobile outpost of the government railway police, shall, while performing duty in a running train, exercise the powers of the officerincharge of the local government railway policestation for the purposes of investigation into cognizable offences committed in a running train and when so exercising such powers, shall be deemed to be the officerincharge of such policestation discharging the functions of such officer within the limits of that policestation. vide the orissa act 21 of , s. 2

section 24. of the police act : it shall be lawful for any policeofficer to lay any information before a magistrate, and to apply for a summons, warrant, search warrant or such other legal process as may by law issue against any person committing an offence 1 . 1. the words and to prosecute such person up to final judgment rep. by act 10 of , s. 2 and the schedule 1b.

section 25. of the police act : it shall be the duty of every policeofficer to take charge of all unclaimed property, and to furnish an inventory thereof to the magistrate of the district. the policeofficers shall be guided as to the disposal of such property by such orders as they shall receive from the magistrate of the district.

section 27. of the police act : 127. confiscation of property if no claimant appears.1 if no person shall within the period allowed claim such property, or the proceeds thereof, if sold, it may, if not already sold under subsection 2 of the last preceding section, be sold under the orders of the magistrate of the district. 2 the saleproceeds of property sold under the preceding subsection and the proceeds of property sold under section 26 to which no claim has been established shall be 2 at the disposal of the 3 state government. 1. subs. by act 8 of , s. 8, for section 27. 2. subs. by the a.o. , for at the disposal of govt. 3. subs. by the a.o. , for provincial.

section 33. of the police act : nothing in the last 1 four preceding sections shall be deemed to interfere with the general control of the magistrate of the district over the matters referred to therein. 1. subs. by s. 12, ibid., for three.

section 28., on ceasing to be policeofficers. of the police act : every person, having ceased to be an enrolled policeofficer under this act, who shall not forthwith deliver up his certificate, and the clothing, accoutrements, appointments and other necessaries which shall have been supplied to him for the execution of his duty, shall be liable, on conviction before a magistrate, to a penalty not exceeding two hundred rupees, or to imprisonment with or without hard labour, for a period not exceeding six months, or to both.

section 29. of the police act : every policeofficer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, 1 or without having given previous notice for the period of two months, 2 or who, being absent on leave, shall fail, without reasonable cause, to report himself for duty on the expiration of such leave, or who shall engage without authority in any employment other than his policeduty, or who shall be guilty of cowardice, or who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a magistrate, to a penalty not exceeding three months pay, or to imprisonment with or without hard labour, for a period not exceeding three months, or to both. 1. these words shall be deemed to have been rep. so long as the police resignation of office ordinance, 11 of , remains in force: see s. 2 and the schedule of that ordinance. 2. ins. by act 8 of , s. 9.

section 30. of the police act : 130. regulation of public assemblies and processions and licensing of the same.1 the district superintendent or assistant district superintendent of police may, as occasion requires, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass. 2 he may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the judgment of the magistrate of the district, or of the subdivision of a district, if uncontrolled, be likely to cause a breach of the peace, require by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a licence. 3 on such application being made, he may issue a license specifying the names of the licensees and defining, the conditions on which alone such assembly or such procession is to be permitted to take place and otherwise giving effect to this section: provided that no fee shall be charged on the application for, or grant of, any such licence. 4 music in the streets.he may also regulate the extent to which music may be used in the streets on the occasion of festivals and ceremonies. 1. subs. by s. 10, ibid., for section 30.

section 30a. of the police act : 130a. powers with regard to assemblies and processions violating conditions of license. 1 any magistrate or district superintendent of police or assistant district superintendent of police or inspector of police or any policeofficer in charge of a station may stop any procession which violates the conditions of a licence granted under the last foregoing section, and may order it or any assembly which violates any such conditions as aforesaid to disperse. 2 any procession or assembly which neglects or refuses to obey any order given under the last preceding subsection shall be deemed to be an unlawful assembly. 1. ins. by act 8 of , s. 11.

section 31. of the police act : it shall be the duty of the police to keep order on the public roads, and in the public streets, thoroughfares, ghats and landingplaces, and at all other places of public resort, and to prevent obstructions on the occasions of assemblies and processions on the public roads and in the public streets, or in the neighbourhood of places of worship, during the time of public worship, and in any case when any road, street, thoroughfare, ghat or landingplace may be thronged or may be liable to be obstructed.

section 32. of the police act : every person opposing or not obeying the orders issued under the last 1 three preceding sections, or violating the conditions of any license granted by the district superintendent or assistant district superintendent of police for the use of music, or for the conduct of assemblies and processions, shall be liable, on conviction before a magistrate, to a fine not exceeding two hundred rupees. 1. subs. by s. 12, ibid., for two .

section 34. of the police act : any person who, on any road or in any 1open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the 2state government, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger or damage of the 3residents or passengers shall, on conviction before a magistrate, be liable to a fine not exceeding fifty rupees, or to imprisonment 4with or without hard labour not exceeding eight days power of policeofficers.and it shall be lawful for any policeofficer to take into custody, without a warrant, any person who within his view commits any of such offences, namely: first.slaughtering cattle, furious riding, etc.any person who slaughters any cattle or cleans any carcass any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle: second.cruelty to animals.any person who wantonly or cruelly beats, abuses or tortures any animal: third.obstructing passengers.any person who keeps any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public: fourth.exposing goods for sale.any person who exposes any goods for sale: fifth.throwing dirt into street.any person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like, or who causes any offensive matter to run from any house, factory, dungheap, or the like: sixth.abeing found drunk or riotous.any person who is found drunk or riotous or who is incapable of taking care of himself: seventh.indecent exposure of person.any person who wilfully and indecently exposes his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in any tank or reservoir not being a place set apart for that purpose: eighth.neglect to protect dangerous places.any person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure. state amendment uttar pradesh. amendment of section 34a of act no. 5 of for section 34a of the police act, , the following section shall be substituted, namely: 34a. compounding of offences under sections 32 and 34.an offence punishable under section 32 or section 34 may, subject to any general or special order of the state government in this behalf, be compounded by the district superintendent of police, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence, and when the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii before the institution of the prosecution, the composition shall amount to acquittal of the offender. vide the uttar pradesh act 35 of , s. abatement of certain trials. notwithstanding anything contained in any other law for the time being in force, 1 the trial of an accused for a an offence punishable under i the motor vehicles act, or ii the public gambling act, , not being an offence punishable under section 3 of that act or an offence in respect of wagering punishable under section 13 of that act or iii section 34 of the police act, or iv section 160 of the indian penal code, or b any other offence punishable with fine only, or 2 a procedure, under section 107 or section 109 of the code of criminal procedure, , pending before a magistrate on the date of commencement of this act from before december 31, shall abate. vide the uttar pradesh act 35 of , s. 9, and amended by uttar pradesh act 29 of and 9 of 1. ins. by s. 13, ibid., 2. subs. by the a.o. for provincial government which had been subs. by the a.o. , for l.g.. 3. subs. by act 8 of , s. 13, for residents and passengers. 4. ins. by act 1 of , s. 3 and the second schedule.

section 35. of the police act : 1 any charge against a policeofficer above the rank of a constable under this act shall be enquired into and determined only by an officer exercising the powers of a 2magistrate. 1. certain words rep. by act 10 of , s. 2 and the schedule ib. 2. i.e., by a magistrate of the first class. see s. 3 1 of the code of criminal procedure, act 2 of .

section 44. of the police act : it shall be the duty of every officer in charge of a policestation to keep a general diary in such form shall, from time to time, be prescribed by the 1 state government and to record therein all complaints and charges preferred, the names of all persons arrested, the names of the complainants, the offences charged against them, the weapons or property that shall have been taken from their possession or otherwise, and the names of the witnesses who shall have been examined. the magistrate of the district shall be at liberty to call for and inspect such diary. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 36. of the police act : nothing contained in this act shall be construed to prevent any person from being prosecuted under any other regulation or act for any offence made punishable by this act, or from being liable under any other regulation or act or any other or higher penalty or punishment than is provided for such offence by this act: proviso.provided that no person shall be punished twice for the same offence.

section 37. of the police act : 137. recovery of penalties and fines imposed by magistrates.the provisions of sections 64 to 70, both inclusive, of the indian penal code 45 of , and of sections 386 to 389, both inclusive, of the 2code of criminal procedure, 10 of , with respect to fines, shall apply to penalties and fines imposed under this act . on conviction before magistrate: provided that, notwithstanding anything contained in section 65 of the firstmentioned code, any person sentenced to fine under section 34 of this act may be imprisoned in default of payment of such fine for any period not exceeding eight days. 1. subs. by act 8 of , s. 14, for sections 37, 38, 39 and 40. 2. see now sections 421 to 424 of the code of criminal procedure, act 2 of . 1. see, however, paragraph 4 of the india and burma transitory provisions order, . s. 41 read as follows: all sums paid for the service of process by policeofficers, and all rewards, forfeitures and penalties or shares of rewards, forfeitures and penalties which by law are payable to informers shall, when the information is laid by a policeofficer, be paid into the general police fund. 2. so much of s. 42 the portion printed in italics as relates to the limitation of suits rep. by act 9 of , s. 2 and the first schedule.

section 41.. of the police act : rewards to police and informers payable to general police fund. rep. by the a. o. .

section 42. of the police act : 142 limitation of actions.all actions and prosecutions against any person, which may be lawfully brought for anything done or intended to be done under the provisions of this act, or under the general policepowers hereby given shall be commenced within three months after the act complained of shall have been committed, and not otherwise and notice in writing of such action end of the cause thereof shell be given to the defendant, or to the district superintendent or an assistant district superintendent of the district in which the act was committed, one month at least before the commencement of the action. tender of amends.no plaintiff shall recover in any such action if tender of sufficient amend shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant, and, though a decree shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial is held shall certify his approbation of the action. proviso.provided always that no action shall in any case lie where such officers shall have been prosecuted criminally for the same act. 1. i.e., by a magistrate of the first class. see s. 3 1 of the code of criminal procedure, act 2 of .

section 47. of the police act : it shall be lawful for the 1 state government in carrying this act into effect in any part of the territories subject to such 1 state government, to declare that any authority which now is or may be exercised by the magistrate of the district over any villagewatchman to or other village policeofficer for the purposes of police, shall be exercised, subject to the general control of the magistrate of the district, by the district superintendent of police. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 43. of the police act : when any action or prosecution shall be brought or any proceedings held against any policeofficer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a magistrate. such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such magistrate and the defendant shall thereupon be entitled to a decree in his favour, notwithstanding any defect of jurisdiction in such magistrate. no proof of the signature of such magistrate shall be necessary, unless the court shall see reason to doubt its being genuine: proviso.provided always that any remedy which the party may have against the authority issuing such warrant shall not be affected by anything contained in this section.

section 45. of the police act : the 1 state government may direct the submission of such returns by the inspectorgeneral and other policeofficers as to such 1 state government shall seem proper, and may prescribe the form in which such returns shall made. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g..

section 46. of the police act : 246. scope of act.1 this act shall not by its own operation take effect in any 3presidency, 4state or place. but the 1state government by an order to be published in the official gazette may extend the whole or any part of this act to any presidency, 4state or place, and the whole or such portion of this act as shall be specified in such order shall thereupon take effect in such presidency, 4state or place. 2 when the whole or any part of this act shall have been extended, the 1state government may, from time to time, by notification in the official gazette, make rules consistent with this act a to regulate the procedure to be followed by magistrates and policeofficers in the discharge of any duty imposed upon them by or under this act b to prescribe the time, manner and conditions within and under which claims for compensation under section 15a are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings including local enquiries if necessary which are to be taken consequent thereon and c generally, for giving effect to the provisions of this act. 3 all rules made under this act may from time to time be amended, added to or cancelled by the 1state government. 1. subs. by the a.o. , for provincial government which had been subs. by the a.o. , for l.g.. 2. subs. by act 8 of , s. 15, for section 46. 3. in the states of madras and bombay there are special police acts, see the madras district police act, 24 of and the bombay district police act, born. 7 of . in the lower provinces of bengal, bengal act 7 of is to be read and taken as part of act 5 of , see s. 6 of the former act. this act has been extended under the power conferred by the original section to 1 the u. p. including ajmermerwara then under that government, see notification no. 964 in the northwestern provinces gazette, , p. 634: the orders as to enforcement of the act in 27 districts in the u. p., in hamirpur, jalaun, jhansi, lalitpur, naini tal including the tarai parganas and almora and garhwal, issued under the original s. 46, paragraph 2 after the act had been extended under paragraph 1 of that section to the whole province are kept in force by s. 16 of act 8 of . 2 oudh, see notification no. 34 in the northwestern provinces gazette, , p. 3 the tract of land between allahabad and jubbulpore ceded in full sovereignty by certain native states 4 the c. p., districts of nagpur, raipur, bhandara, chanda and chhindwara, sironcha, nimsar 5 bengal and assam 6 several districts in the punjab, see notification no. 971, dated 15th may, , calcutta gazette, 18th may, p. . under the power conferred by the section as it stood before the 1st april , it has been extended as follows to 1 madras: ss. 15, 15a, 16, 30, 30a, 31 and 32 of the act have been extended to the whole of the madras presidency, see notification no. 728, dated 31st october , gazette of india, , pt. i., p. 876. 2 eastern dooars in the goalpara district, see notification no. 230, gazette of india, , pt. 1, p. 198. 3 the north and south lushai hills and the tract known as rutton puiyas villages including demagri now known as the lushai hills see gazette of india, , pt. 1, p. 370. 4. subs. by the a.o. , for province.

section 5. of the land acquisition amendment and validation act : 1 the land acquisition amendment and validation ordinance, 1 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance shall be deemed to have been done or taken under the principal act as amended by this act as if this act had come into force on the 20th day of january, .

section 1. of the land acquisition amendment and validation act : this act may be called the land acquisition amendment and validation act, .

section 4. of the land acquisition amendment and validation act : 1 notwithstanding any judgment, decree or order of any court to the contrary, a no acquisition of land made or purporting to have been made under the principal act before the commencement of the land acquisition amendment and validation ordinance, 1 of , and no action taken or thing done including any order made, agreement entered into, or notification published in connection with such acquisition shall be deemed to be invalid or ever to have become invalid merely on the ground i that one or more collectors have performed the functions of collector under the principal act in respect of the land covered by the same notification under subsection 1 of section 4 of the principal act ii that one or more reports have been made under subsection 2 of section 5a of the principal act, whether in respect of the entire land, or different parcels thereof, covered by the same notification under subsection 1 of section 4 of the principal act iii that one or more declarations have been made under section 6 of the principal act in respect of different parcels of the land covered by the same notification under subsection 1 of section 4 of the principal act b any acquisition in pursuance of any notification published under subsection 1 of section 4 of the principal act before the commencement of the land acquisition amendment and validation ordinance, 1 of , may be made after such commencement and no such acquisition and no action taken or thing done including any order made, agreement entered into, or notification published, whether before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the ground referred to in clause a or any of them. 2 notwithstanding anything contained in clause b of subsection 1, no declaration under section 6 of the principal act in respect of any land which has been notified before the commencement of the land acquisition amendment and validation ordinance, 1 of , under subsection 1 of section 4 of the principal act, shall be made after the expiry of two years from the commencement of the said ordinance. 3 where acquisition of any particular land covered by a notification under subsection 1 of section 4 of the principal act, published before the commencement of the land acquisition amendment and validation ordinance, 1 of , is or has been made in pursuance of any declaration under section 6 of the principal act, whether made before or after such commencement, and such declaration is or has been made after the expiry of three years from the date of publication of such notification, there shall be paid simple interest, calculated at the rate of six per centum per annum on the market value of such land, as determined under section 23 of the principal act, from the date of expiry of the said period of three years to the date of tender of payment of compensation awarded by the collector for the acquisition of such land: provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were help up on account of stay or injunction by order of a court: provided further that nothing in this subsection shall apply to the acquisition of any land where the amount of compensation has been paid to the persons interested before the commencement of this act.

section 3.. of the land acquisition amendment and validation act : omitted by s. 2 and the first schedule, ibid. w.e.f. .

section 2.. of the land acquisition amendment and validation act : omitted by repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 1. of the forest conservation act : show related subordinates 1 this act may be called the forest conservation act, . 2 it extends to the whole of india 1. 3 it shall be deemed to have come into force on the 25th day of october, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the forest conservation act : show related subordinates notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing i that any reserved forest within the meaning of the expression reserved forest in any law for the time being in force in that state or any portion thereof, shall cease to be reserved ii that any forest land or any portion thereof may be used for any nonforest purpose. 1 iii that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by government iv that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation. 2explanationfor the purposes of this section nonforest purpose means the breaking up or clearing of any forest land or portion thereof for a the cultivation of tea, coffee, spices, rubber, palms, oilbearing plants, horticultural crops or medicinal plants b any purpose other than reafforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wild life, namely, the establishment of checkposts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams waterholes, trench marks, boundary marks, pipelines or other like purposes. 1. ins. by act 69 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for the explanation w.e.f. .

section 2a. of the forest conservation act : 12a. appeal to national green tribunal.any person aggrieved, by an order or decision of the state government or other authority made under section 2, on or after the commencement of the national green tribunal act, , may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, , in accordance with the provisions of that act. 1.ins. by act 19 of , s. 36 and schedule iii w.e.f. .

section 3. of the forest conservation act : the central government may constitute a committee consisting of such number of persons as it may deem fit to advise that government with regard to i the grant of approval under section 2 and ii any other matter connected with the conservation of forests which may be referred to it by the central government.

section 3b. of the forest conservation act : 11 where any offence under this act has been committed a by any department of government, the head of the department or b by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render the head of the department or any person referred to in clause b, liable to any punishment if the proves that the offence was committed without his knowledge or that exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence punishable under the act has been committed by a department of government or any authority referred to in clause b of subsection 1 and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part, of, any officer, other than the head of the department, or in the case of an authority, any person other than the persons referred to in clause b of subsection 1, such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 1. ins. by s. 3, ibid. w.e.f. .

section 4. of the forest conservation act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 3a. of the forest conservation act : 1whoever contravenes or abets the contravention or any of the provisions of section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. 1.ins. by s. 3, ibid. w.e.f. .

section 5. of the forest conservation act : 1 the forest conservation ordinance, 17 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the provisions of the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 8. of the industrial finance corporation transfer of undertaking and repeal act : 1 every officer or other employee of the corporation except a director of the board, chairman or managing director serving in the employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the company by virtue of this act, become, as from the appointed day, an officer or, as the case may be, other employee of the company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the corporation if its undertaking had not vested in the company and shall continue to do so as an officer or, as the case may be, other employee of the company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to continue to be the officer or other employee of the company within such period. 2 where an officer or other employee of the corporation opts under subsection 1 not to be in employment or service of the company, such officer or other employee shall be deemed to have resigned. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee of the corporation to the company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 the officers and other employees who have retired before the appointed day from the service of the corporation and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the company. 5 the trusts of the provident fund or the gratuity fund of the corporation and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the company as was being done hitherto in the corporation and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the company. 6 notwithstanding anything contained in this act or in the companies act, 1 of or in any other law for the time being in force or in the regulations of the corporation, no director of the board, chairman, managing director or any other person entitled to manage the whole or substantial part of the business and affairs of the corporation shall be entitled to any compensation against the corporation or the company for the loss of office or for the premature termination of any contract of management entered into by him with the corporation.

The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act, 1993

section 1. of the industrial finance corporation transfer of undertaking and repeal act : 1 this act may be called the industrial finance corporation transfer of undertaking and repeal act, . 2 it shall be deemed to have come into force on the 1st day of october, .

section 2. of the industrial finance corporation transfer of undertaking and repeal act : in this act, unless the context otherwise requires, a appointed day means such date as the central government may, by notification in the official gazette, appoint under section 3 b company means the industrial finance corporation of india limited to be formed and registered under the companies act, 1 of c corporation means the industrial finance corporation of india established under subsection 1 of section 3 of the industrial finance corporation act, 15 of .

section 7. of the industrial finance corporation transfer of undertaking and repeal act : any guarantee given for or in favour of the corporation with respect to any loan, lease finance or other assistance shall continue to be operative in relation to the company.

section 3. of the industrial finance corporation transfer of undertaking and repeal act : on such date as the central government may, by notification in the official gazette, appoint, there shall be transferred to, and vest in, the company, the undertaking of the corporation.

section 9. of the industrial finance corporation transfer of undertaking and repeal act : the company shall be deemed to be a bank for the purposes of the bankers books evidence act, .

section 4. of the industrial finance corporation transfer of undertaking and repeal act : 1 every shareholder of the corporation immediately before the appointed day shall be deemed to be registered on and from the appointed day as a shareholder of the company to the extent of the face value of the shares held by such shareholder. 2 the undertaking of the corporation which is transferred to and which vests in the company under section 3 shall be deemed to include all business, assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal and incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, investments, shares, bonds, debentures, security, management of any industrial concern, loans, advances and guarantees given to industrial concerns, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the corporation in relation to its undertaking, within or without india, all books of accounts, registers, records and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind within or without india then subsisting of the corporation in relation to its undertaking. 3 all contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the corporation shall cease to have effect or to be enforceable against the corporation and shall be of as full force and effect against or in favour of the company in which the undertaking of the corporation has vested by virtue of this act and enforceable as fully and effectually as if instead of the corporation, the company had been named therein or had been a party thereto. 4 any proceeding or cause of action pending or existing immediately before the appointed day by or against the corporation in relation to its undertaking may, as from the appointed day, be continued and enforced by or against the company in which the undertaking of the corporation has vested by virtue of this act as it might have been enforced by or against the corporation if this act had not been enacted and shall cease to be enforceable by or against the corporation.

section 10. of the industrial finance corporation transfer of undertaking and repeal act : notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian trusts act, 2 of , the insurance act, 4 of 1. 1. the words and figures and the banking regulation act, 10 of omitted by act 4 of , s. 17 and the schedule w.e.f. .

section 6. of the industrial finance corporation transfer of undertaking and repeal act : 1 where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the corporation under the incometax act, 43 of , such exemption, assessment or benefit shall continue to have effect in relation to the company. 2 where any payment made by the corporation is exempt from deduction of tax at source under any provision of the incometax act, 43 of , such exemption will continue to be available as if the provisions of the said act made applicable to the corporation were operative in relation to the company. 3 the transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the incometax act, 43 of for the purposes of capital gains.

section 5., to be deemed to have been granted to the company. of the industrial finance corporation transfer of undertaking and repeal act : with effect from the appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the corporation in connection with the affairs and business of the corporation under any law for the time being in force shall be deemed to have been granted to the company.

section 12. of the industrial finance corporation transfer of undertaking and repeal act : 1 the industrial finance corporation transfer of undertaking and repeal ordinance, ord. 5 of is hereby repealed. 2 notwithstanding the repeal of the industrial finance corporation transfer of undertaking and repeal ordinance, ord. 5 of , anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the industrial finance corporation transfer of undertaking and repeal act : 1 on the appointed day, the industrial finance corporation act, shall stand repealed. 2 notwithstanding the repeal of the industrial finance corporation act, 15 of , the company shall, so far as may be, comply with the provisions of sections 33, 34, 34a, 35 and 43 of the act so repealed for any of the purposes related to the annual accounts of the corporation.

section 4. of the union territories laws act : section 7 of the delhi laws act, 13 of , the ajmer merwara extension of laws act, 52 of , and any law which immediately 1 before the coming into force of any act or ordinance extended by this act to any of the states of manipur, tripura and vindhya pradesh is in force in that state and corresponds to the act or ordinance as so extended, are hereby repealed: provided that the repeal shall not affect a the previous operations of any such law, or b any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law or c any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed: provided further that, subject to the preceding proviso, anything done or any action taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, byelaw or scheme framed, certificate, patent, permit or licence granted or registration effected, under such law shall be deemed to have been done or taken under section 2 or, as the case may be, under the corresponding provision of the act or ordinance 2 as extended to the state by section 3, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under the said section 2 or, as the case may be, under the said act or ordinance. 1. subs. by s. 3, ibid., for certain words w.e.f. . 2. subs. by act 68 of , s. 3, for as now extended w.e.f. .

section 1. of the union territories laws act : show related subordinates 1 this act may be called the 1union territories laws act, . 2 it shall come into force on the 16th day of april, . 1. subs. by the adaptation of laws no. 2 order, , for part c states.

section 3. of the union territories laws act : show related subordinates 1 the acts and ordinances specified in the schedule to the merged states laws act, 59 of , are hereby extended to, and shall be in force in, the states of tripura and vindhya pradesh, as they are generally in force in the territories to which they extend immediately before the commencement of this act. 2 1 subject to the provisions contained in subsection 2a, the acts and ordinances referred to in subsection 1, are hereby extended to, and shall be in force in, the state of manipur as they are generally in force in the territories to which they extend immediately before the commencement of this act: provided that the indian penal code 45 of in its application to the state of manipur shall have effect as if a in section 361, for the word eighteen the word fifteen had been substituted, and b in section 375, for the word sixteen in clause fifthly the word fourteen had been substituted, and for the word fifteen in the exception the word thirteen had been substituted. 2 2a the acts specified in part a of the schedule to this act shall not extend to the state of manipur, and the acts specified in part b thereof shall extend to, and be in force in that state only as from the date of commencement of the union territories laws amendment act, 68 of , and shall with effect from that date, be amended to the manner and to the extent specified in the said part. 3 for the purpose of facilities the application in the said states of any such act or ordinance as aforeaid any court or other authority may construe the act or ordinance with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the court or other authority. 2 explanation.for the purposes of this section and section 4, any reference to the state of manipur or tripura in relation to any period after the 31st october, , shall be construed as a reference to the union territory of manipur or tripura as the case may be. 1. subs. by act 68 of , s. 2, for certain words w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 2. of the union territories laws act : show related subordinates the central government may, by notification in the official gazette, extend to 1 the union territory of delhi, himachal pradesh, manipur or tripura or to any part of such territory, with such restrictions and modifications as it thinks fit, any enactment which is in force in a 2 state at the date of the notification, 3 . 1. subs. ibid., for certain words. 2. subs., ibid., for part a state. 3. certain words, brackets and letters, omitted by act 48 of , s. 3 and the second schedule.

section 7. of the central silk board act : show related subordinates 2the secretary to the board shall, under the control and direction of the board, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board or the1chairperson. 1. subs. by s. 3,ibid., for chairman w.e.f. . 2. subsby s. 7, ibid., for the central government shallappoint a secretary to the board who shallw.e.f. .

section 1. of the central silk board act : show related subordinates 1 this act may be called the central silk board act, . 12 it extends to the whole of india 2. 1. subs. by the a. o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 21 of , s. 2.

section 2. of the central silk board act : show related subordinates 12. declaration as to expediency of union control.it is hereby declared that it is expedient in the public interest that the union should take under its control the silk industry. 1. subs. by act 31 of , s. 3, for section 2.

section 6. of the central silk board act : show related subordinates 1 1the2vicechairperson shall exercise such of the powers and perform such of the duties of the 3chairperson as may be prescribed or as may be delegated to him by the 3chairperson. 2 the board may, in its discretion, constitute a standing committee for the purpose of exercising such of its powers and performing such of its duties as may be delegated by it not being powers or duties the delegation of which is prohibited by rules made under this act. 3 the standing committee shall consist of the 3chairperson, the 2vicechairperson, and five others elected by the board from among its members. 1. subsby the act 42 of , s. 6, for the central government shall appoint from among the members of the board, a vicechairman who shallw.e.f 1.7.. 2. subs. by s. 3, forvicechairman w.e.f. . 3. subs. by s. 3,ibid., for chairman w.e.f.

section 4. of the central silk board act : show related subordinates 1 as soon as may be after the commencement of this act, the central government shall, by notification in the official gazette, constitute for the purposes of this act a board to be called the central silk board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 13 the board shall consist of the following members, namely: a a2chairperson to be appointed by the central government 3b not more than three officials to be nominated by the central government, one of whom shall be the head of the silk division in the ministry of textiles as the 4vicechairperson and one shall be the secretary of the board, both being the officers not below the rank of joint secretary to the government of india provided that it shall be lawful for any such official to depute in the prescribed circumstances another official to attend any meeting of the board on his behalf c six persons to be elected by parliament, four from the house of the people by the members of the house of the people and two from the council of states by the members of the council of states 5provided that a member of parliament shall, upon ceasing to be a member of the house of the people or as the case may be, the council of states, cease to be a member of the board. d 6five persons to be nominated by the government of 7karnataka, one of whom shall represent the filature raw silk industry and two shall represent the rest of the sericulture industry e 8one person to be nominated by the government of 9tamil nadu f two persons to be nominated by the governor of west bengal g one person to be nominated by each of the governments of 10andhra pradesh, assam, bihar, chhattisgarh, 11gujarat, 12 , madhya pradesh, uttar pradesh and uttaranchal h one person to be nominated by the government of jammu and kashmir i not more than three persons to be nominated by the central government to represent the producers of raw silk and areas other than the states specified in clauses d to g inclusive j eight persons to be nominated by the central government, of whom one shall represent the spunsilk industry, one the silk throwing and twisting industry, one the silk weaving industry, one labour and two of them shall be experts in sericulture. 4 the members of the board shall receive from its funds such travelling and other allowances as may be prescribed. 135 subject to the other provisions of this act, the term of office of a member shall be such period, not exceeding three years, as may be prescribed. 6 notwithstanding anything contained in subsection 5, a the central government may terminate the appointment of the 14chairpersonafter giving him notice for a period of not less than three months b the 14chairpersonmay resign his office by giving notice in writing for a period of not less than three months to the central government, and on such resignation being notified in the official gazette by that government, the 14chairpersonshall be deemed to have vacated his office. 1. subs. by act 31 of , s. 4, for subsection 3 w.e.f. . 2. subs. by act 42 of , s. 3, for chairman w.e.f. . 3. subs.by s. 4, ibid., for clause b w.e.f. . 4. subs. by s. 3, ibid., for vicechairman w.e.f. . 5. ins. by act 42 of , s. 4 w.e.f. . 6. subs. by the a. o. no. 3, , for four persons. 7. subs. by the mysore state alteration of name adaption of laws on union subjects order, , for mysore w.e.f. . 8. subs. by the a. o. no. 3, , for two persons. 9. subs. by the madras state alteration of name adaptation of laws on union subjects order, , for madras w.e.f. . 10. subs. by the a. o. no. 3, , for andhra. 11. subs. by the bombay reorganisation adaptation of laws on union subjects order, , for bombay w.e.f. . 12. the words madhya bharat omitted by the a. o. no. 3, . 13. the words in brackets shall stand inserted date to be notified by act 13 of , s. 2. 14.subs. by act 42 of , s. 3, for chairman w.e.f..

section 8. of the central silk board act : 1 it shall be the duty of the board to promote the development of the1 silk industry by such measures as it thinks fit. 2 without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for aundertaking, assisting or encouraging scientific, technological and economic research bdevising means for improved methods of mulberry cultivation rearing, developing and distributing healthy silkworm seeds,2reeling or, as the case may be, spinning of silkworm cocoons and silk waste, improving the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses 3 d improving the marketing of raw silk e the collection of statistics from such persons as may be prescribed 4f carrying out any other duties which may be vested in the board under rules made under this act. 3 it shall also be the duty of the board 5a to advise the central government on all matters relating to production, supply, distribution, trade and commerce in silkworm seed, the development of the silk industry and its products including export and import 6 c to prepare and furnish such 7 reports relating to the 8 silk industry as may be required by the central government from time to time. 1. the word raw omitted by act 31 of , s. 6w.e.f. . 2. subs. by act 21 of , s. 3, for reeling of silkworm cocoons. 3. clause c omitted by s. 3, ibid. 4. ins. by act 31 of , s. 6 w.e.f. . 5. subs by act 42 of , s. 8, for clause a w.e.f. . 6. clause b omitted by act 21 of , s. 3. 7. the word other omitted by s. 3, ibid. 8.the word raw omitted by act 31 of , s. 6w.e.f. .

section 3. of the central silk board act : in this act, unless there is anything repugnant in the subject or context, a board means the central silk board constituted under this act 1aa central silkworm seed testing laboratory means the central seed testing laboratory established or accredited under subsection 1 of section 8g b charkha raw silk means raw silk reeled from silk worm cocoons with the help of any instrument not worked by power 1ba committee means the central silkworm seed committee constituted under subsection 1 of section 8a bb dealer means a person who carries on the business of buying and selling, export or import of silkworm seed, cocoons, chawkie reared silkworms and includes an agent of a dealer bc export means taking out of india to a place outside india c filature raw silk means raw silk reeled from silk worm cocoons with the help of any instrument worked by power 1ca hybrid authorisation committee means the hybrid authorisation committee constituted under subsection 1 of section 8d cb import means bringing into india from a place outside india cc notified kind or variety in relation to silkworm seed means, any kind or variety thereof notified under subsection 1 of section 8c d power means any form of energy which is mechanically transmitted and is not generated by human or animal agency, and includes electrical energy e prescribed means prescribed by rules made under this act 2ea registration committee means the registration committee constituted under subsection 2 of section 8e eb regulation means regulation made by the committee under this act ec silkworm seed or seed means all kinds of silkworm seeds produced from the pure silkworm races including the hybrids produced from two or more pure races, silkworm seed cocoons of all kinds and moths thereof intended to be used or reared for the purpose of production or for commercial exploitation. explanation. for the purposes of this clause, i pure races means silkworm breed or variety maintained through reproductive silkworm seed with features true to the parents ii hybrids means the seed produced involving two or more pure races or parental races with the objective of exploiting heterosis or hybrid vigour ed silkworm seed analyst means a seed analyst appointed or notified under subsection 3 of section 8g ee silkworm seed certification agency means the silkworm seed certification agency constituted or accredited under section 8f ef silkworm seed officer means seed officer appointed or notified under subsection 1 of section 8h f spun silk means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk, coils, or other silk waste g standing committee means the standing committee of the board constituted under subsection 2 of section 6. 1. ins. by act 42 of , s.2 w.e.f. . 2. ins. by act 42 of , s. 2 w.e.f. .

section 8b. of the central silk board act : 18b. powers and functions of committee.1 the committee shall be responsible for the implementation of this act by taking measures as specified in subsection 2. 2 without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for i laying down of quality standards for kind or variety of silkworm seed ii authorisation of silkworm races and hybrids for commercial exploitation iii laying down of quality standards for production of silkworm seeds iv laying down the conditions and requirements that have to be met out by the persons desirous of setting up facilities for production of silkworm seeds or grain ages v laying down the certification and silkworm seed testing procedures for seeds sold by the registered producers vi undertaking the registration of silkworm seed producers and dealers and controlling, supervising the inspection process to ensure adherence to the specified quality standards and seed certification requirements vii laying down the conditions and standards for export and import of silkworm seed and adherence to them viii programming and planning of silkworm seed production ix advising the central government and the state governments on the matters aforesaid and x such other matters connected and incidental to the production, supply, distribution, trade and commerce in silkworm seed, as may be specified by regulations made by the committee from time to time. 1. ins. by act 42 of , s. 9w.e.f. .

section 8a. of the central silk board act : show related subordinates 18a. constitution of central silkworm seed committee.1 the central government may, by notification in the official gazette, constitute for the purposes of this act, a committee to be called the central silkworm seed committee consisting of a the vicechairperson of the board who shall be the chairperson of the committee, ex officio b i seven officials not below the rank of deputy secretary to the government of india dealing with sericulture from the statesmembers ii two experts from the field of silkworm seed developmentmembers iii five persons to represent the sericulture sector of whom three shall be the farmers and two the reelersmembers to be nominated by the central government from amongst the members of the board c the director of the national silkworm seed organisation to be nominated by the central governmentmember and d secretary of the board who shall be the secretary of the committee, ex officio. 2 the committee may associate with it, for such purposes and in such manner as it may deem fit, any person whose assistance or advice it may consider necessary in complying with the provisions of this act, and a person so associated, shall have the right to take part in the proceedings of the committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be prescribed by the central government. 3 a member nominated under subsection 1 shall, unless his seat becomes vacant earlier by resignation, death or otherwise, hold office for a period of three years from the date of his nomination and shall be eligible for renomination: provided that a person nominated under subsection 1 shall hold office only for so long as he holds the appointment by virtue of which his nomination was made. 4 no act or proceeding of the committee shall become invalid merely by reason of i any vacancy therein, or any defect in the constitution thereof or ii any matter relating to the procedure of the committee not affecting the merits of a case. 5 the central government shall provide to the committee such other technical and other officers and employees as may be necessary for the efficient performance of the functions under this act. 6 a the committee shall meet at such time and place and shall observe such procedure in regard to transaction of business at its meeting including the quorum at meetings as may be specified by regulations. b the chairperson or in his absence any member chosen by the members present from amongst themselves, shall preside at a meeting of the committee. c all questions at a meeting of the committee shall be decided by a majority of votes of the members present and voting and in case of equality of votes, the chairperson or in his absence, the person presiding over the meeting shall have a second or casting vote. 1. ins. by act 42 of , s. 9w.e.f. .

section 5. of the central silk board act : show related subordinates 1 if any government other than the central government fails to make any nomination which it is entitled to make under subsection 3 of section 4 within the time prescribed in that behalf, the central government may make the nomination itself. 2 where a member of the board dies, resigns, is removed, ceases to reside in india, or becomes incapable of acting, the authority or body entitled to nominate the member under subsection 3 of section 4 may nominate a person to fill the vacancy and where such nomination is not made within the time prescribed in that behalf, the central government on its own initiative, may make the nomination itself. 3 no act done by the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board.

section 8e. of the central silk board act : show related subordinates 18e. registration committee.1 no silkworm seed of any kind or variety shall, for the purpose of production or for commercial exploitation, be produced, supplied, distributed, traded, sold or otherwise disposed of by a producer or dealer unless he is registered by the registration committee in such manner as may be prescribed. 2 the committee shall constitute the registration committee consisting of a chairperson and such number of other members not less then two to assist him in the discharge of his duties as the committee, may determine. 3 the registration committee shall have power a to register the silkworm seed of the notified kind or variety after scrutinising claims that the silkworm seed conforms the kind or variety duly notified by the central government b to register the silkworm seed producer after ensuring that the facility for seed production meets the requirement or conditions for maintaining quality standards as notified by the central government c to register the silkworm dealer after scrutinising their claim made in the application d to perform such other functions as are assigned to it by the committee. 4 every application for registration under subsection 1 shall be made in such form and contain such particulars including conditions and be accompanied by such fees as may be prescribed. 1. ins. by act 42 of , s. 9w.e.f. .

section 8d. of the central silk board act : 18d. hybrid authorisation committee.1 the committee shall constitute a hybrid authorisation committee consisting of the secretary of the board who shall be the chairperson of the hybrid authorisation committee and such number of other members to assist him in the discharge of his duties as the committee may determine. 2 it shall be the duty of the hybrid authorisation committee to either suomotu or on the application made to it and after due trials, testing and such other requirements, as it may deem necessary to satisfy itself, recommend to the committee of the kind or variety of silkworm seed, silkworm hybrid seeds and races available in the market for notification by the central government for production and commercial exploitation. 1. ins. by act 42 of , s. 9w.e.f. .

section 8c. of the central silk board act : show related subordinates 18c. power to notify kinds or varieties of silkworm seeds.1 if the central government, after consultation with the committee, is of the opinion that it is necessary or expedient to regulate the quality of silkworm seed of any kind or variety for the purpose of production and for commercial exploitation, it may, by notification in the official gazette, declare such kind or variety to be a notified kind or variety for the purposes of this act and different kinds or varieties may be notified for different states or for different areas thereof, and it shall be incumbent upon every producer or dealer of such silkworm seeds to produce or deal with such notified kinds and varieties of silkworm seeds and in no other. 2 the central government may, on the recommendation of the committee, by notification, specify a the minimum quality standards and conditions for notified kinds or varieties of silkworm seed and b the mark or label to indicate that such silkworm seed conforms to the specified quality standards. 1. ins. by act 42 of , s. 9w.e.f. .

section 8j. of the central silk board act : 18j. statement by silkworm seed producers.every registered silkworm seed producer and dealer shall furnish periodic statement to the committee in such form, manner and at such intervals as may be specified by regulations. 1. ins. by act 42 of , s. 9w.e.f. .

section 10. of the central silk board act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette appoint, there shall be levied and collected as a cess for the purposes of this act a duty of excise on all filature raw silk, and on all spun silk, reeled in the territories to which this act for the time being extends at such rate as the central government may, by notification in the official gazette, from time to time fix. 2 the said duty of excise shall be payable by the reelers of filature raw silk or spun silk and shall be paid by them to the board within one month from the date of the receipt of the notice of demand from the board in that behalf. 3 the said duty of excise may be recovered as if it were an arrear of land revenue. 4 for the purpose of enabling the board to assess the amount of the duty of excise payable under this section by the reelers of filature raw silk or spun silk, a the board shall, by notification in the official gazette, fix the period in respect of which assessments shall be made, and b every reeler of filature raw silk or spun silk shall furnish to the board within the prescribed time a return specifying the total amount of filature raw silk or spun silk reeled during such period. 5 if any reeler of filature raw silk or spun silk fails to furnish such return within the prescribed time or furnishes a return which the board has reason to believe to be incorrect or defective, the board may assess the amount payable by such reeler in such manner as may be prescribed. 6 any reeler feeling himself aggrieved by an assessment made under this section, may, within three months of the receipt of the notice under subsection 2, apply to the district judge or such other civil judicial officer, as may be prescribed, for the cancellation or modification of the assessment and such district judge or judicial officer shall after giving the board an opportunity of being heard, pass such order as he thinks proper and such order shall be final. 17 the proceeds of the duties of excise paid to the board shall first be credited to the consolidated fund of india and the central government may, thereafter, from time to time, pay to the board from and out of such proceeds such sums of money as it may think fit. 1. ins. by act 31 of , s. 7 w.e.f. .

section 8f. of the central silk board act : 18f. constitution of seed certification agency. the committee may, by order, constitute one or more silkworm seed certification agencies or accredit the existing certification agencies according to such criteria as may be specified by regulations to conduct inspection for registration of producers and dealers. 1. ins. by act 42 of , s. 9w.e.f. .

section 8g. of the central silk board act : 18g. constitution of central seed testing laboratories.1 the committee may, by order, establish the central seed testing laboratories and accredit the existing laboratories of the board or the state governments having such facilities as may be specified by regulations. 2 the central seed testing laboratories and the accredited laboratories shall carryout such functions as may be entrusted to it by the committee from time to time. 3 the committee may, by order, appoint such person as it thinks fit or notify the officials or employees of the accredited laboratories having such qualifications as may be specified by regulations to be the seed analyst in the seed testing laboratories and define the local limits of their jurisdiction. 1. ins. by act 42 of , s. 9w.e.f. .

section 11. of the central silk board act : 1 all acts of the board shall be subject to the control of the central government which may cancel, suspend or modify as it thinks fit any action taken, or order passed, by the board. 2 the records of the board shall be open to inspection at all reasonable times by any officer authorised in this behalf by the central government.

section 8h. of the central silk board act : show related subordinates 18h. appointment of seed officers.1 the committee may, by order, appoint such person as it thinks fit, or notify an employee of the board having such qualifications as may be specified by regulations to be the seed officers and define the local limits of their jurisdiction. 2 every seed officer shall be under the administrative control of the committee and shall be responsible for inspecting the seeds and the facilities available with the seed producers and dealers before or after their registration to ensure adherence to the standards and conditions laid down in this regard. 3 the seed officer may a take samples of any silkworm seed of any kind or variety from i any producer or dealer or ii any person who is in the course of conveying such seed to a purchaser or a consignee or iii a purchaser or a consignee after delivery of such seed to him b exercise such other powers as may be specified by regulations. 1. ins. by act 42 of , s. 9w.e.f. .

section 8i. of the central silk board act : 18i. export and import of silkworm seed. 1 the committee shall advise the central government from time to time on the export and import of silkworm seed and the central government may, by notification, specify the terms and conditions including exim policy for export and import of silkworm seed. 2 all import of silkworm seed shall conform to the quality standards specified under subsection 2 of section 8c. 3 for the purpose of ensuring compliance with the conditions and quality standards for governing such import, the central government may, by order, authorise officers of the level of assistant commissioner to exercise the powers of inspection at the borders and ports, and such officers shall be deemed to be the seed officers for the purposes of this act. 4 the central government may, by notification, permit for research purposes, import of an unregistered variety of silkworm seed in such quantity and subject to such conditions as may be specified. 5 the central government may, by notification, restrict the export or import of silkworm seed of any kind or variety if it considers that it may adversely affect the silk industry or on such other grounds, as it may consider necessary. 1. ins. by act 42 of , s. 9w.e.f. .

section 9. of the central silk board act : show related subordinates 1 the central government shall from time to time make grants to the board of such sums as the central government may consider necessary for enabling the board to exercise its powers and discharge its duties under this act. 2 the funds of the board shall be kept in such bank, or, invested in such manner, as may be prescribed and shall be expended by the board only in the performance of its functions under this act or for meeting such expenses as are authorised by the act or by rules made thereunder.

section 14a. of the central silk board act : 114a. penalty for contravention of sections 8c and 8e.if any person contravenes the provisions of sections 8c and 8e of this act or regulations made thereunder or any notification relating to silkworm seed he shall be punishable with a fine of five thousand rupees which may extend to twentyfive thousand rupees besides suspension or cancellation of the registration to produce silkworm seeds. 1. ins. by act 42 of , s. 13 w.e.f. .

section 12a. annual report of the central silk board act : 112a. annual report.the board shall prepare for every financial year a report of its activities and achievements during that year and submit the report to the central government in such form and on or before such date as may be prescribed, and that government shall cause a copy of the report to be laid before each house of parliament. 1. ins. by s. 5, ibid.

section 12. of the central silk board act : show related subordinates 1 the board shall keep such accounts, and in such manner and form, as may be prescribed, respect of all moneys received and expended by it. 12 the accounts of the board shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause a copy of the same to be laid before each house of parliament. 5 a copy of the accounts of the board as so certified together with the audit report thereon shall be forwarded simultaneously to the board. 1. subs. by act 21 of , s. 4, for subsections 2 and 3.

section 13.power of central government to make rules of the central silk board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 12 in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely: i the term of office of members of the board, the circumstances in which and the authority by which members may be removed and the filling of casual vacancies in the board ii the procedure to be followed at meetings of the board and at the standing committee for the conduct of business and the number of members which shall form a quorum at any meeting iii the maintenance by the board of records of business transacted by the board and the submission of copies thereof to the central government iv the holding of a minimum number of meetings every year v the power of the board, its chairman and standing committee with respect to the incurring of expenditure vi the conditions subject to which the board may incur expenditure outside india vii the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned viii the maintenance of the accounts of income and expenditure of the board2 3viiia the form of the annual report of the board and the date on or before which it shall be submitted to the central government ix the deposit of the funds of the board in bank and the investment of such funds x the reappropriation of estimated savings from one budget head to any other budget head xi the conditions subject to which the board may borrow funds xii the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the board xiii the delegation to the standing committee or the 4chairperson or the 5vicechairperson or members or officers of the board of any of the powers and duties of the board under this act xiv the staff which may be employed by the board and the pay and allowances, leave and other conditions of service of officers and other employees of the board xv the travelling and other allowances of members of the board and or the standing committee 6xva specifying the allowances or fees of the persons associated by the committee under subsection 2 of section 8a xvb matters incidental to the production, supply, distribution, trade and commerce in silkworm seed under clause x of subsection 2 of section 8b xvc manner of registration of a producer or dealer by the registration committee under subsection 1 and form for making application and fees to be paid under subsection 4 of section 8e xvi the purposes for which funds of the board may be expended xvii the maintenance of the registers and other records of the board and of its standing committee xviii the collection of any information or statistics in respect of raw silk or any product of silk 7xix the manner of grading, marketing, developing and distributing raw silk and products of silk industry xx any other matter which is to be or may be prescribed. 8 1. subs. by act 31 of , s. 8, for subsection 2 w.e.f. . 2.the words and the audit of such accountsomitted by act 21 of , s. 6. 3. ins. by s. 6, ibid. 4. subs. by act 42 of , s. 3, for chairman, w.e.f.. 5. subs. by s. 3, ibid., for vicechairman w.e.f. . 6 ins. by s. 10, ibid. w.e.f. 1.7.. 7 subs. by s. 10, for clause xix w.e.f. . 8 subsection 3 omitted by s. 10, ibid. w.e.f. .

section 14.penalties of the central silk board act : 11 if any person a in any return to be furnished under this act makes any statement which is false and which he knows to be false or does not believe to be true, or b obstructs any officer of the board 2committee and registration committee in the exercise of any power, conferred, or the discharge of any duty imposed on him by or under this act, or c having the control or custody of any account book or other record, fails to produce such book or record when required so to do under this act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 32 if the person committing any offence specified in subsection 1 is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 3 notwithstanding anything contained in subsection 2, where an offence under subsection 1 has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. s. 14 renumbered as subsection 1 of that section by act 31 of . s. 9 w.e.f. . 2. ins. by the act 42 of , s. 12 w.e.f. . 3. ins. by the 31 of , s. 9 w.e.f. .

section 13a. of the central silk board act : 113a. power to make regulations. 1 the committee may, in consultation with the board, and with the previous approval of the central government, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: i procedure in regard to transaction of business at the meeting of the committee under clause a of subsection 6 of section 8a ii laying down of various standards relating to kinds or varieties, production, testing, supply, distribution, trade and commerce and export and import of silkworm seed under subsection 2 of section 8b iii to specify the criteria for establishing central silkworm seed certification agencies under section 8f, criteria and jurisdiction of central seed testing laboratories and qualifications of seed analysts under subsections 1 and 3 of section 8g and qualifications of seed officers and their other powers under subsection 1 and clause b of subsection 3 of section 8h iv the form, manner and intervals at which statement by producer and dealer may be furnished under section 8j. 1. ins. by s. 11, ibid. w.e.f. .

section 13b. of the central silk board act : 113b. laying of rules, regulations and notifications.every rule, regulation and notification made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or notification or both houses agree that the rule or regulation or notification should not be made, the rule or regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification. 1. ins. by s. 11, ibid. w.e.f. .

section 16. of the central silk board act : no suit, prosecution or other legal proceeding shall lie against the board, or any member or officer of the board, for anything in good faith done or intended to be done under this act.

section 16a., inconsistent with other enactments. of the central silk board act : 116a. effect of act and rules, etc., inconsistent with other enactments.the provisions of this act or any rule or regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act. 1 ins. by s. 15, ibid. w.e.f. .

section 17.. of the central silk board act : 71. temporary powers of the central government.omitted by the central silk board amendment act, 31 of , s. 11.

section 15.omitted of the central silk board act : prosecution to be with consent of central government.omitted by the central silk board amendmentact, 42of , s. 14 w.e.f..

section 15a. of the central silk board act : jurisdiction of courts.omitted bys. 14, ibid. w.e.f. .

section 8. of the central provinces landrevenue act : the chief commissioner shall appoint, and may suspend or remove, tahsildars and may also make rules for regulating the appointment, duties, suspension and removal of naib tahsildars.

section 1. of the central provinces landrevenue act : this act may be called the central provinces landrevenue act, : local extent. it extends to all the territories for the time being under the administration of the chief commissioner of the central provinces, except those specified in part vi of the first schedule of the scheduled districts act : commencement. and it shall come into force on such day as the chief commissioner, with the previous sanction of the governor general in council, may direct by notification in the local official gazette.

section 7. of the central provinces landrevenue act : subject to the control of the governor general in council, the chief commissioner shall appoint, and may suspend or remove, commissioners, deputy commissioners and assistant commissioners.

section 2. of the central provinces landrevenue act : on and from such day the enactments mentioned in the schedule hereto annexed, so far as they relate to the territories to which this act extends, and all other rules, regulations and enactments relating to the settlement and collection of the landrevenue in such territories, shall be repealed.

section 9. of the central provinces landrevenue act : all commissioners, deputy commissioners, assistant commissioners, tahsildars and naib tahsildars holding office as such in the territories to which this act extends when this act comes into force shall be deemed to have been appointed hereunder.

section 3. of the central provinces landrevenue act : all proceedings relating to matters dealt with by this act and, when this act comes into force, pending before officers by whom they would be cognizable under this act, shall be deemed, so far as may be, to have been commenced hereunder.

section 10. of the central provinces landrevenue act : the chief commissioner may appoint any person to be an additional tahsildar in any tahsil, or, with the sanction of the governor general in council, to be an additional commissioner or additional deputy commissioner in any division or district, and may suspend or remove any person so appointed, but subject, in the case of an additional commissioner or additional deputy commissioner, to the like sanction. the chief commissioner may invest any additional commissioner, deputy commissioner or tahsildar appointed under this section with all or any of the powers conferred by this act on a commissioner, deputy commissioner or tahsildar, as the case may be.

section 5. of the central provinces landrevenue act : the chief commissioner shall, subject to the control of the governor general in council, be the chief controlling revenueauthority.

section 4. of the central provinces landrevenue act : in this act, unless there is something repugnant in the subject or context, 1 assistant commissioner includes also extra assistant commissioner: 2 legal practitioner means an advocate, vakil or attorney of any high court, a pleader, mukhtar or revenueagent: 3 villagecess means any cess which a person resident or holding lands in a village pays or renders to the proprietors as such of the village, and includes service rendered or things furnished as well as money paid: 4 recognized agent means a person authorized in writing by any party to a proceeding under this act to make appearances and applications and to do other acts on his behalf in such proceeding and also belonging to any class which the chief commissioner may, from time to time, by notification in the official gazette, declare in this behalf: 5 agricultural year means the year commencing on the first day of june, or on such other date as the chief commissioner may, in the case of any specified district or districts, from time to time, appoint: 6 sirland means a land recorded as sir in the papers of the last preceding settlement of the local area in which such land is situate and b land not so recorded, but which has been cultivated by the proprietor or one of the proprietors thereof for a period of not less than twelve consecutive years and c waste land which has been broken up by the proprietor or one of the proprietors thereof and cultivated by him for a period of not less than six consecutive years and d in sambalpur, includes also bhogra land. explanation.land which has, after the date of such settlement, or the expiry of such period of twelve years, or six years as the case may be, been for a period of six consecutive years unoccupied by such proprietor is not sirland. land is not unoccupied by the proprietor when it is leased out by him with an express reservation of his sirrights: 7 mahal means any local area held under a separate engagement for the payment of the landrevenue direct to government, and includes also any local area declared, under the provisions of this act, to be a mahal: 8 village includes any tract of land which, at the last settlement of such land, has been recognized as a village, or which the chief commissioner may, from time to time, declare to be a village for the purposes of this act: 9 malguzar means a person who, under the provisions of this act, has accepted, or is to be deemed to have accepted, the assessment of a mahal, and includes his representatives and assigns and also any person with whom a settlement has been made before this act comes into force, and his representatives and assigns: 10 malikmakbuza means any person owning one or more plots of land assessed with revenue in a mahal but it does not include a malguzar or inferior proprietor: 11 lambardar means a person appointed in manner prescribed by this act to represent the proprietary body of a mahal in its relations with the government: 12 sublambardar means a person so appointed to represent the inferior proprietary body of a mahal in its relations with the superior proprietors: 13 mukaddam means the executive headman of a village, appointed in manner prescribed by this act: 14 tenant means a person who holds land of another person, and is, or but for a special contract would be, liable to pay rent for such land to such other person but it does not include a farmer, mortgagee or the kadar of proprietary rights. explanation.an inferior proprietor is not, as such, a tenant: 15 rent means whatever is paid, delivered or rendered, in money, kind or service, by a tenant on account of the use or occupation of land let to him: 16 absolute occupancytenant means, in reference to any land, a tenant who, at a settlement of such land made before this act comes into force, or after such a settlement but before this act comes into force, was recorded, by order of a revenue or settlementofficer, in respect of such land, as an absolute occupancyraiyat, or in terms equivalent thereto: 17 recordofrights includes the supplementary administrationpaper prepared at or after the time of making a settlement before this act comes into force.

section 14. of the central provinces landrevenue act : the chief commissioner may, from time to time, by notification in the official gazette, alter the limits of any district or tahsil, create new districts or tahsils and abolish existing districts or tahsils.

section 6. of the central provinces landrevenue act : besides the chief commissioner, there shall be the following classes of revenueofficers namely: a commissioners, who, subject to the control of the chief commissioner, shall be the chief revenueauthorities within their respective divisions: b deputy commissioners, who, subject to the control of the commissioner, shall be the chief revenueauthorities within their respective districts: c assistant commissioners, who shall be subordinate to, and under the control of, the deputy commissioners of the districts to which they are respectively attached: d tahsildars, who, subject to the control of the deputy commissioner, shall be the chief executive revenueauthorities in the tahsils to which they are respectively attached: e naib tahsildars, who shall be subordinate to the tahsildars of the tahsils to which they are respectively attached.

section 16. of the central provinces landrevenue act : subject to any rules which the chief commissioner may make in this behalf, a deputy commissioner may a refer any case to any revenueofficer subordinate to him for investigation and report, or, if such officer has power to dispose of such case, for disposal or b direct that any revenueofficer subordinate to him shall, without such reference, deal with any case or class of cases arising within any specified area, and either investigate and report on such case or class, or, if he has power, dispose of it himself. the subordinate revenueofficer shall submit his report on any case referred to him under this section for report to the deputy commissioner, or otherwise, as may be directed in the order of reference and the officer receiving such report may, if he has power to dispose of the case, dispose of the same, or may return it for further investigation to the officer submitting the report, or may hold such investigation himself.

section 17. of the central provinces landrevenue act : the chief commissioner, the commissioner or the deputy commissioner may withdraw any case pending before any revenueofficer subordinate to him, and either dispose of it himself, or refer it for disposal to any other revenueofficer subordinate to him and having power to dispose of the same.

section 12. of the central provinces landrevenue act : whenever any assistant commissioner, tahsildar or naib tahsildar is transferred from one district or tahsil to another, he shall, unless the chief commissioner otherwise directs, exercise in the district or tahsil to which he is transferred all the powers with which he was, under any provision of this act, invested by the chief commissioner in the district or tahsil from which he is transferred.

section 18. of the central provinces landrevenue act : all revenueofficers and persons acting under their orders may, in the performance of any duty under this act, enter upon and survey land, and demarcate boundaries, and do all other acts necessary to the business in which they are engaged.

section 20. of the central provinces landrevenue act : all appearances before, applications to, and acts to be done before, any revenueofficer under this act may be made or done a by the parties themselves or, b with the permission of the officer, by their recognized agents or any legal practitioner: obligation of parties to attend in person. provided that the employment of a legal practitioner of recognized agent shall not excuse the personal attendance of a party to any proceeding in cases where such attendance is required by any order of the revenueofficer.

section 11. of the central provinces landrevenue act : the chief commissioner may invest any assistant commissioner attached to a district with all or any of the powers conferred by this act on deputy commissioners.

section 13. of the central provinces landrevenue act : when a deputy commissioner dies or is disable from performing his duties, such officer as the chief commissioner may by rule direct shall take executive charge of his district, and shall be deemed to be a deputy commissioner under this act, until a successor to the deputy commissioner so dying or disabled is appointed and such successor takes charge of his office, or until the person so disabled resumes charge of his office.

section 15. of the central provinces landrevenue act : the chief commissioner may, subject to the control of the governor general in council, invest any revenueofficer with any of the following powers: with power conferred by code of civil procedure for the purpose of disposing of cases under this act, any power conferred by the code of civil procedure on a civil court with power to delegate power, ower to delegate to any revenueofficer subordinate to him the exercise of any power of performance of any duty conferred or imposed on him by this act and, subject to the like control, may determine the revenueofficer by whom any case or class of cases for which no express provision in this behalf is made in this act shall be disposed of.

section 19. of the central provinces landrevenue act : the chief commissioner may, with the previous sanction of the governor general in council, make rules consistent with this act for regulating the procedure of revenueofficers in cases for which a procedure is not prescribed by this act, and may, by any such rule, direct that any provisions of the code of civil procedure shall apply, with or without modification, to all or any classes of cases before revenueofficers.

section 27. of the central provinces landrevenue act : whenever it appears to the chief commissioner that a revenuesurvey should be made in any local area, he shall publish a notification in the official gazette directing that such survey be made, and cause translations of such notification in the language of the district to be posted up in conspicuous places in such area and thereupon all officers in charge of such survey, their assistants, servants, agents and workmen may enter upon the lands to be surveyed, and erect surveymarks, and do all other acts necessary for making the survey.

section 21. of the central provinces landrevenue act : the fees of a legal practitioner or recognized agent shall not be allowed as costs before any revenueofficer unless such officer considers, for reasons to be recorded by him in writing, that such fees should allowed.

section 22. of the central provinces landrevenue act : an appeal shall lie against every decision or order under this act. a when such decision or order is passed by any revenueofficer subordinate to the deputy commissioner, except an assistant commissioner exercising the powers of a deputy commissioner, to the deputy commissioner b when such decision or order is passed by a deputy commissioner, or by an assistant commissioner exercising the powers of a deputy commissioner, whether in the first instance or on appeal,to the commissioner of the division c when such decision or order is passed on appeal of otherwise by the commissioner of a division,to the chief commissioner: provided that in no case shall a third appeal be allowed.

section 23. of the central provinces landrevenue act : no appeal shall lie a in the court of the deputy commissioner or an assistant commissioner exercising the powers of a deputy commissionerafter the expiration of thirty days from the date of the decision or order complained of or b in the court of the commissionerafter the expiration of sixty days from such date or c in the court of the chief commissionerafter the expiration of ninety days from such date. in computing such periods of limitation, and in all respects not herein specified, the provisions of the indian limitation act, , shall apply.

section 28. of the central provinces landrevenue act : when any local area is to be settled, the chief commissioner may, with the previous sanction of the governor general in council, issue a notification of settlement, and in such notification shall a define the local area to be settled b specify the operations which are to be carried out in the settlement power to amend notification. and may from time to time, with the like sanction, amend, alter or cancel such notification. every such notification, amendment, alteration and cancellation shall be published in the local official gazette.

section 24. of the central provinces landrevenue act : any commissioner or deputy commissioner may at any time, for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of, any revenueofficer subordinate to him, call for and examine the record of any case pending before, or disposed of by, such officer, and may pass such order in reference thereto as he thinks fit : provided that he shall not under this section modify or reverse any order affecting any question of right between private persons, without having given to the parties interested reasonable notice to appear and be heard in support of such order.

section 30. of the central provinces landrevenue act : during the progress of the settlement of any local area, the chief commissioner may invest any settlementofficer within such area with all or any of the powers of a deputy commissioner under this act, to be exercised by him in such classes of cases as the chief commissioner may from time to time direct.

section 26. of the central provinces landrevenue act : every revenueofficer may, either on his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, orders passed by himself or by any of his predecessors in office: provided as follows 1 when a commissioner or deputy commissioner thinks it necessary to review any order which he has not himself passed, and when an officer under the rank of a deputy commissioner proposes to review any order, whether passed by himself or by any predecessor, he shall first obtain the sanction of the officer to whom he is immediately subordinate: 2 no order shall be modified or reversed unless reasonable notice has been given to the parties interested to appear and be heard in support of such order: 3 no order against which an appeal has been preferred shall be reviewed while such appeal is pending: 4 no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings and no application for the review of such an order shall be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfied the revenueofficer that he had sufficient cause for not making the application within such period. for the purposes of this section, the deputy commissioner shall be deemed to be the successor in office of any revenueofficer who has left the district or has ceased to exercise powers as a revenueofficer, and to whom there is no successor in office.

section 25. of the central provinces landrevenue act : the chief commissioner may at any time call for and examine the record of any case pending before, or disposed of by, any revenueofficer, and may pass such order in reference thereto as he thinks fit: provided that no order affecting any question of right between private persons shall be passed under this section unless the chief commissioner has given the parties interested an opportunity of being heard.

section 29. power to appoint settlementofficers and to suspend and remove them of the central provinces landrevenue act : the chief commissioner may from time to time appoint one or more officers hereinafter called settlementofficers to make the settlement of such area and when he appoints more than one such officer, he shall appoint one of them hereinafter called the chief settlementofficer to control such settlement, an all other officers appointed for the purposes of such settlement shall be subordinate to the chief settlement officer. and to suspend and remove them. the chief commissioner may suspend or remove any officer appointed under this section.

section 35. of the central provinces landrevenue act : when any local area is under settlement and settlementofficers have been invested with the powers mentioned in section thirtythree in such local area, the chief commissioner may, with respect to all or to any of the suits specified in that section, declare that all or any of the decrees and orders passed in exercise of the powers of courts of the first four grades aforesaid, by assistant commissioners or tahsildars not being settlementofficers, shall be appealable to the chief settlementofficer, and not to the deputy commissioner of the district.

section 38. of the central provinces landrevenue act : except as provided in sections thirtythree, thirtyfour and thirtyfive, the decrees and orders of a settlementofficer passed, whether in the first instance or on appeal, in exercise of the powers of a civil court of any grade, shall, for the purposes of appeal, reference and revision, be deemed to be decrees and orders of a civil court of such grade, and no appeal shall lie under the provisions of section twentytwo from such decrees or orders.

section 31. of the central provinces landrevenue act : the provisions of section eleven and sections fifteen to twentysix, both inclusive, shall apply, mutatis mutandis, to settlementofficers and to proceedings before them, the expression settlementofficer being read for the expressions assistant commissioner and revenueofficer, and the expression chief settlementofficer for the expression deputy commissioner, wherever those expressions occur: provided that an appeal from any appealable order passed by a subordinate settlementofficer shall lie to the chief settlementofficer if preferred within sixty days from the date of such order: provided also that no appeal shall lie from any decision of a chief settlement officer which can be called in question in a civil court.

section 33. of the central provinces landrevenue act : when any local area is under settlement, the chief commissioner may invest any subordinate settlementofficer with the powers of any of the first five grades of courts described in section four of the central provinces courts, act, , and the chief settlementofficer with the powers of a court of a deputy commissioner described in the same act, sections twelve, nineteen and twenty, for the trial, in the first instance, of any of the following classes of suits instituted within such area namely: a suits for arrears of rent due on account of any fight of pasturage, forestrights, fisheries or the like b suits by lambardars for arrears of revenue payable through them by the proprietors whom they represent c suits by proprietors for their share of the profits of an estate or any part thereof after payment of the revenue and villageexpenses, or for a settlement of accounts d suits by muafidars or assignees of revenue for arrears of revenue owing to them as such muafidars or assignees e suits by superior proprietors for arrears of revenue due to them as such superior proprietors f suits by proprietors and others in receipt of the rent of land against any agents employed by them in the management of land or collection of rents, or against the sureties of such agents, for money received or accounts kept by such agents in the course of such employment, or for papers in their possession g suits regarding any matter which a settlementofficer is required to decide or to enter in the recordofrights, and of which civil courts can take cognizance h suits relating to land, or the rent, profits or occupation of land.

section 32. of the central provinces landrevenue act : the chief commissioner may, from time to time, with the previous sanction of the governor, general in council, a appoint a settlementcommissioner, and transfer to him, within any local area under settlement, all or any of the powers which the commissioner of the division, if the land to be settled were wholly situate within such division, would otherwise exercise under this act in matters connected with such settlement and b delegation to him of chief commissioners powers. delegate to the settlementcommissioner such of his own powers in regard to matters connected with such settlement as he thinks fit.

section 36. of the central provinces landrevenue act : when any local area is under settlement and the settlementofficers therein have been invested with powers under section thirtythree, the chief commissioner may withdraw from the jurisdiction of the ordinary civil courts within such area the classes of suits which settlementofficers have power to dispose of under that section, or he may direct that, in respect of such suits, the settlementofficers shall have concurrent jurisdiction with the ordinary civil courts: provided that no proceedings which have been inadvertently or erroneously taken before the civil court shall be deemed to be invalid merely on the ground that, by the chief commissioners order, they should have been taken before a settlementofficer.

section 34. of the central provinces landrevenue act : when the chief commissioner invests any subordinate settlementofficer with the powers of a civil court for the trial of any of the suits mentioned in section thirtythree, the chief settlementofficer to whom such settlementofficer is subordinate shall have the powers of the court of a deputy commissioner described in the central provinces courts act, , sections twelve, nineteen and twenty, with reference to proceedings before, or decrees and order of, such settlementofficer in such suits.

section 37. of the central provinces landrevenue act : nothing in section thirtyone shall apply to suits and appeals or other proceedings instituted before, or determined by, settlementofficers in pursuance of powers conferred upon them under section thirtythree, thirtyfour or thirtyfive.

section 39. of the central provinces landrevenue act : every settlement notified under section twentyeight shall be deemed to be in progress until the chief commissioner, by notification in the official gazette, declares that it is completed. cases pending at close of settlementoperations.when the settlement of any local area has been notified as completed, all the powers exercised by the settlementofficers in such area shall cease, and all suits and applications pending before such officers shall be transferred to such of the courts ordinarily having jurisdiction in such cases as the commissioner of the division directs or, if there are no such courts, shall be disposed of in such manner as the chief commissioner directs.

section 40. of the central provinces landrevenue act : when any local area is under settlement, the settlementofficer shall make lists of all lands in such area which appear to him to have no lawful owner, and shall thereupon issue a notification declaring his intention to demarcate such lands as the property of the government and inviting every person having claims to or over them to present in his court, within three months from the date of the notification, a petition in writing setting forth such claims and the respective grounds thereof.

section 42. of the central provinces landrevenue act : whenever a claim to the exercise or enjoyment of any right not amounting to the right of exclusive possession in, to or over, any land comprised in such notification is established, either before the settlementofficer or before the court constituted under the said act no. xxiii of , section seven, the settlementofficer may assign to the claimant as his property a definite portion of such land, or, with the sanction of the chief commissioner, he may otherwise compensate the claimant and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.

section 47. of the central provinces landrevenue act : the chief commissioner may from time to time, with the previous sanction of the governor general in council, give instructions to the settlementofficer as to the principle on which landrevenue is to be assessed, and as to the sources of miscellaneous income to be taken into account in the assessment.

section 41. of the central provinces landrevenue act : every such notification shall be deemed to be an advertisement under act no. xxiii of to provide for the adjudication of claims to waste lands, section one the demarcation of such lands shall be deemed to be a disposition of them within the meaning of that act the settlementofficer shall exercise all the powers vested in the collector by that act and claims to or over the land comprised in such notification shall be dealt with as nearly as may be in the manner prescribed in that act.

section 43. of the central provinces landrevenue act : the settlementofficer may declare any local area to be a mahal.

section 44. of the central provinces landrevenue act : for the purpose of excluding from all or any of the operations of the settlement any town or any land from which the owner can derive no profit, the settlementofficer may mark off the site and determine the limits of such town or land: provided that no land in respect of which landrevenue payable at the date of the notification issued under section twentyeight shall, under this section, be exempted from assessment without the sanction of the chief commissioner.

section 46. of the central provinces landrevenue act : on every mahal a definite and separate sum shall be assessed as landrevenue but the sum so assessed may be reduced in such manner and to such extent as the chief commissioner thinks fit, for any period not exceeding ten years from the date on which the assessment takes effect.

section 50. of the central provinces landrevenue act : when in a mahal in which superior and inferior proprietors coexist, the settlementofficer makes a settlement with the superior proprietors, he shall make on their behalf a subsettlement with the inferior proprietors, by which such inferior proprietors shall be bound to pay to the superior proprietors an annual revenue equal to the landrevenue with which the mahal is assessed and to the profits to which the superior proprietors are entitled under section fortynine.

section 45. of the central provinces landrevenue act : when any local area is under settlement, the settlementofficer may order all persons who have proprietary rights in the land comprised in such area to erect boundarymarks of such description and at such places as he thinks necessary in order to define the limits of the mahals, fields or other lands in their possession, or to repair boundarymarks already existing and may fix a reasonable time for obeying his order and if his order is not obeyed within such time, may cause such marks to be erected or repaired under his own orders, and may recover the cost of such erection or repair from the persons against whom his order was made, in such proportion as he thinks fit.

section 53. of the central provinces landrevenue act : in making any offer of assessment the settlementofficer shall state that it is made subject to confirmation by the governor general in council, and also to revision by the chief commissioner at any time before such confirmation is received.

section 48. of the central provinces landrevenue act : in assessing a mahal all land situate therein shall be taken into account except the following that is to say: a land purchased free from revenue under any rules for the time being in force to regulate the sale of wastelands b land in respect of which the revenue has been redeemed under any rules for the time being in force c land excluded from assessment under section fortyfour d land in respect of which a claim to hold it free from revenue as against the government is established under the provisions hereinafter contained e land which the chief commissioner, subject to the control of the governor general in council, may from time to time exempt from assessment.

section 49. of the central provinces landrevenue act : the assessment of every mahal shall be offered to the entire proprietary body of such mahal: provided that, when superior and inferior proprietary rights coexist in the same mahal, the settlementofficer may, subject to such rules as the chief commissioner may make in this behalf, determine whether the assessment shall be offered to the superior or to the inferior proprietors. subject to such rules as the chief commissioner may make in this behalf, the settlementofficer may determine the manner and proportion in which the proprietary profits of the maha1 shall be allotted between the superior and the inferior proprietors. when a proprietor has mortgaged his rights in any mahal, and the mortgagee has entered into possession, such mortgagee, so long as he is in possession, shall, for the purposes of this section, stand in the place of the mortgagor.

section 52. of the central provinces landrevenue act : the chief commissioner may make rules prescribing the manner in which the settlementofficer shall report for sanction his rates and method of assessment and no assessment shall be offered without the previous sanction of the chief commissioner.

section 51. of the central provinces landrevenue act : when in any such mahal the settlement is made with the inferior proprietors, the settlementofficer may direct that the profits to which the superior proprietors are entitled under section fortynine, shall be paid by the inferior proprietors direct to such superior proprietors, or that such profits shall be collected as if they were landrevenue and shall be paid to the superior proprietors from the government treasury.

section 54. of the central provinces landrevenue act : it shall be in the option of the persons to whom an assessment is offered to accept or refuse the same. mode of acceptance. if they are willing to accept it, they shall make and sign an acceptance in writing, in such form as the chief commissioner may from time to time prescribe in this behalf, and deliver the same to the settlementofficer.

section 59. of the central provinces landrevenue act : when an assessment is offered in a mahal in which both superior and inferior proprietors coexista if all the proprietors of the class with which the settlementofficer proposes to make the settlement refuse to accept as aforesaid the assessment offered, the assessment shall be offered to the proprietors of the other class and if all such proprietors refuse the assessment, the settlementofficer shall proceed as provided in section fiftyseven b if some only of the proprietors of the class with which the settlementofficer proposes to make the settlement refuse the assessment, he may either proceed as if all had refused it or may deal with the mahal under section fiftyeight: provided that if, in the case contemplated by clause b, the proprietors who consented to accept the assessment when originally offered refuse to accept it, such assessment shall be offered to the other class of proprietors.

section 60. of the central provinces landrevenue act : if all or any of the inferior proprietors refuse any assessment offered under section fifty, the settlementofficer may exclude them all from the subsettlement, and assign the proprietary management and profits of the mahal to the superior proprietor for any term not exceeding the term of settlement.

section 56. of the central provinces landrevenue act : whenever the assessment of a mahal has been accepted under this act, the persons who have accepted it shall be bound to pay the amount thereof from such date and for such term as the chief commissioner may appoint in this behalf, or, if at the expiry of that term no new assessment has been made and is ready to take effect, until a new assessment has been made and is ready to take effect: provided as follows: assessmemt may be rescinded by chief commissioner or by governor general in council. 1stany assessment may be rescinded by the chief commissioner at any time before it has been confirmed by the governor general in council 2ndlythe governor general in council may rescind any assessment submitted to him for confirmation malguzrs may object to continuance of assessment beyond term of settlement. 3rdlyif all the malguzars of a mahal, six months before the expiry of the term fixed under this section, apply in writing to the deputy commissioner stating that they are unwilling that the assessment should continue in force beyond the expiry of such term, the assessment shall, on the expiry of such term, cease to be in force.

section 55. of the central provinces landrevenue act : any proprietor who, within such reasonable period as may be specified by the chief commissioner, fails to make, sign and deliver such acceptance, or to inform the settlementofficer that he refuses the proposed assessment, shall, if the settlementofficer by an order in writing so directs, be deemed to have accepted such assessment.

section 58. of the central provinces landrevenue act : if some of the proprietors consent, and some refuse, so to accept the assessment offered, the settlementofficer may, with the previous sanction of the chief commissioner, if the interest of the recusant proprietors in the lands taken into account in the assessment consists entirely of lands held by them separately form the other proprietors, exclude such in the lands taken into account in the assessment consists entirely of lands held by them separately from the other proprietors, exclude such recusant proprietors from settlement for a period not exceeding thirty years from the date of such exclusion, and either let their lands in farm or take such lands under direct management. in other cases the assessment of the entire mahal shall be offered to the proprietors who consented to accept the assessment when originally offered, and if they refuse it the mahal shall be dealt with under the provisions of section fiftyseven. when the recusant proprietors are excluded under this section, the lands of the proprietors who consented to accept the assessment originally offered shall be deemed to be a separate mahal, and shall be assessed as such and such assessment shall be offered to the proprietors so consenting and if the lands of the recusant proprietors are let in farm, the farm shall be first offered to the proprietors who consented to accept the assessment originally offered.

section 57. of the central provinces landrevenue act : where there is but one class of proprietors in a mahal, and all refuse to accept in manner required by section fiftyfour the assessment offered, the settlementofficer may, with the previous sanction of the chief commissioner, exclude them from settlement for a period not exceeding thirty years from the date of such exclusion, and may either let the mahal in farm, or take it under direct management.

section 61. of the central provinces landrevenue act : any proprietor excluded from settlement under section fiftyseven or section fiftynine, clause a, shall be entitled to receive from the government an annual allowance, the amount of which shall be fixed by the chief commissioner but which shall not be less than five per cent., or more than ten per cent., on the amount of the assessment offered to him by the settlementofficer.

section 66. of the central provinces landrevenue act : when the whole of the land comprised in a mahal is held in severalty, the settlementofficer shall apportion to the several holdings the amount with which such land is assessed under a settlement or subsettlement. when only part of the land comprised in a mahal is held in severalty, the settlementofficer shall apportion such amount to the part held in common and the part held in severalty, and shall further apportion to the several holdings the amount to which they are liable under the former apportionment.

section 62. of the central provinces landrevenue act : any proprietor excluded from settlement or subsettlement under sections fiftyseven to sixty, both inclusive, shall be entitled to retain possession of his sirland if any as if he were an absolute occupancytenant, and the rent to be paid by him for such land during the term of his exclusion shall be fixed by the settlementofficer accordingly.

section 63.aggregate amount of allowance granted to, and deduction from rent allowed to, excluded proprietor of the central provinces landrevenue act : the aggregate amount of any allowance under section sixtyone, and of the difference between the rent fixed under section sixtytwo and the rent which the excluded proprietor would be liable to pay if he were a tenantatwill, shal1 not be less than five or more than fifteen per cent. on the amount of the assessment offered to him by the settlementofficer.

section 69. of the central provinces landrevenue act : the settlementofficer shall ascertain the situation and determine the extent of all the land held as sir in each malal.

section 64. of the central provinces landrevenue act : the settlementofficer may make, on behalf of malikmakbuzas or other like holders of land, such a subsettlement as shall secure to them from the malguzars of the mahal their existing rights and may provide that, in addition to the landrevenue payable by them, they shall pay to the malguzars such percentage thereon, not exceeding twenty per cent., as may in his opinion be sufficient to compensate the said malguzars for their responsibility in respect of the landrevenue, and to provide for the fees of lambardars and mukaddams.

section 65. of the central provinces landrevenue act : the amount of revenue payable under a subsettlement shall be a first charge upon all the land comprised in such subsettlement.

section 71. of the central provinces landrevenue act : the settlementofficer shall determine through which of the lambardars or sublambardars the amount of revenue payable by each proprietor, subproprietor or malikmakbuza shall be paid.

section 67. of the central provinces landrevenue act : when by established custom the land held by each proprietor in any mahal is subject to periodical redistribution, the settlementofficer may, in his discretion, on the application of the proprietors, make such redistribution according to such custom.

section 68. of the central provinces landrevenue act : the settlementofficer shall ascertain the persons who are in possession as proprietors of the land comprised in each mahal.

section 70. of the central provinces landrevenue act : the settlementofficer shall ascertain the customs or rules by which the proprietors in each mahal are mutually bound as to the granting of pattas the ejectment of tenants, the realization and distribution of rents and other profits, the payment of land revenue, villageexpenses and other charges, and generally as to the control and management of the mahal and shall decide all disputes and record all agreements regarding the matters mentioned in this section.

section 72. of the central provinces landrevenue act : the settlementofficer shall ascertain, and record for each mahal, the status of all tenants occupying land therein, the lands respectively held by them, the conditions on which they respectively hold such lands, and the rents if any payable by them respectively.

section 73. of the central provinces landrevenue act : the settlementofficer shall investigate all claims against the government to hold land free from revenue or at less than a full assessment, or to receive the whole or part of the landrevenue assessed on land which is not free from revenue. power of chief commissioner to make rules.the chief commissioner may, with the previous sanction of the governor general in council, make rules determining the principles by which the settlementofficer shall be guided in the disposal of claims coming under this section.

section 79. of the central provinces landrevenue act : the settlementofficer shall prepare for every mahal, or, if he thinks fit, for any group of neighbouring mahals, a recordofrights, and shall include in it a the results of the inquiries made under this chapter in respect of such mahal or group and b any other matters which the chief commissioner may, by rules in this behalf, direct to be entered in such paper.

section 74. of the central provinces landrevenue act : when any land not being land which any person is entitled to hold free from revenue as against the government is held by a proprietor, whether himself a malguzar or not, who claims to hold it wholly or partially free from revenue as against the other malguzars of the mahal, the settlementofficer shall decide whether the claimant is entitled to be exempted from paying the whole or any part of the revenue which would otherwise be payable in respect of such land, and, if he decides that the claimant is so entitled, shall also determine the conditions under which, and the term for which, the claimant is entitled to such exemption: provided that no decision under this section shall exempt any land from the payment of revenue, when the mahal in which such land is comprised is sold for arrears of revenue. chief commissioner may make rules for disposal of such cases.the chief commissioner may make rules for the guidance of settlementofficers in dealing with cases under this section.

section 75. of the central provinces landrevenue act : when the settlementofficer decides, under section seventythree or section seventyfour, that land which has been held free from revenue, or at less than a full assessment, is liable to pay revenue, or to pay the same at enhanced rates, such decision shall take effect from the first day of the agricultural year next ensuing unless the chief commissioner directs that the amount payable in respect of such land on account of the revenue accruing due within anyone or more of the last preceding twelve years shall be realized.

section 76. of the central provinces landrevenue act : the settlementofficer shall determine and record the villagecesses if any which are leviable in accordance with villagecustom, and the persons by and from whom, and the rates at which, they are leviable and such cesses shall, if sanctioned by the chief commissioner, be leviable accordingly.

section 80. of the central provinces landrevenue act : the chief commissioner may make rules prescribing the language in which the recordofrights shall be drawn up, the form of the papers of which it shall consist, and the manner in which such papers shall be signed and attested by the settlementofficer and the parties interested in the matters to which they refer.

section 77. of the central provinces landrevenue act : the settlementofficer may determine disputes regarding any of the following matters namely: a the right of any lambardar, mukaddam, patwari, villagewatchman or other villageservant to any customary dues, or other remuneration, and his liability to render any customary service in return for such dues or remuneration b the rights of persons resident in the village or holding lands comprised in the mahal, in or to the common land of the mahal and its produce, and the villagesite c any customs relating to irrigation or to rightsofway and other easements d any other rights and customs which the chief commissioner directs to be recorded in the administrationpaper.

section 83. of the central provinces landrevenue act : any person deeming himself aggrieved by any decision under section seventyeight, or by any decision of the chief settlementofficer in appeal therefrom or by any entry made in the recordofrights as to any matter referred to in that section, may institute a suit in the civil court to have such decision set aside or such entry cancelled or amended: provided as follows: when any suit under this section is instituted for the cancellation or amendment of an entry, the government, if it so desires, and all persons interested in the entry, shall be made parties to the suit: no persons by whom the recordofrights was signed, and no persons claiming through or under them shall, without the previous sanction of the chief commissioner, institute any suit with a view to modify or set aside any entry relating to any matter mentioned in section seventy or section seventyseven, clause b, c or d.

section 78. of the central provinces landrevenue act : if a dispute arises regarding any matter mentioned or referred to in sections sixtyeight, sixtynine, seventy, seventytwo and seventyseven, clauses b, c and d, the settlementofficer shall decide it summarily after making such enquiry as he thinks fit, and shall not be bound to hear any party to such dispute or to receive any evidence tendered by any such party but in the case of every such dispute he shall record a proceeding stating the nature of such dispute, his decision thereon, the grounds of such decision and such other particulars as he thinks fit.

section 87. of the central provinces landrevenue act : when a settlementofficer or settlement court has, at any settlement made before this act comes into force, made an award of proprietary rights in any land, all claims which after consideration by such officer or court may have been expressly decided by him or it to be invalid, or inferior to the claims of the persons in whose favour the award was made, shall be barred both as against government and as against the persons last mentioned and no suit shall lie for the enforcement of such claims in any civil court. the award at any such settlement of proprietary rights in land to a widow shall be deemed to confer on her those rights only which, in accordance with the personal law to which she is subject, she would enjoy in land inherited by her from her husband.

section 81. of the central provinces landrevenue act : when the settlementofficer has completed a recordofrights in manner hereinbefore prescribed, he shall, subject to any order issued by the chief commissioner in this behalf, make it over to the deputy commissioner for custody.

section 89. of the central provinces landrevenue act : when at any settlement made before this act comes into force malikmakbuzas have been declared entitled to a portion of the wastelands comprised in any mahal the chief commissioner may, notwithstanding anything contained in the record of such settlement, prescribe the extent of such portion and the mode in which the same shall be assigned to them and may determine the nature and extent of their interests therein and the conditions on which they may hold it.

section 84. of the central provinces landrevenue act : after an assessment has been confirmed by the governor general in council, the chief commissioner shall not exercise, in respect of any entry of the descriptions referred to in section eightythree duly made in a recordofrights prepared in connection with such assessment and duly attested, the power of revision conferred by sections twentyfive and thirtyone, unless it is proved that such entry was made inadvertently.

section 85. of the central provinces landrevenue act : in respect of lands declared to be the property of government, the settlementofficer shall, instead of proceeding as hereinbefore provided, conduct such operations, and prepare such record, as the chief commissioner may direct.

section 86. of the central provinces landrevenue act : settlements made before this act comes into force shall be deemed, so far as may be, to have been made hereunder and the provisions of this act in regard to proceedings taken and records prepared by settlement offices in the making of settlements hereunder shall apply in like manner to proceedings taken and records prepared before this act comes into force.

section 82. of the central provinces landrevenue act : when the recordofrights is duly made and attested, all entries therein shall be presumed to be correct until the contrary is shown.

section 88. of the central provinces landrevenue act : any person whose claim to proprietary rights in any land was not expressly decided by such officer or court may sue in a civil court to establish such claim and if he can prove that, when proprietary rights in such land were awarded by such officer or court to other persons, he was entitled to interests therein of the same nature as those upon consideration of which the award was made, the civil court may declare him entitled to a proprietary right of such nature and extent in the land as it may deem just.

section 92. of the central provinces landrevenue act : a statement of account, authenticated by the signature of the tahsildar, shall, for the purposes of this chapter, be conclusive evidence of the existence of any arrear payable direct to the government, of its amount, and of the persons who in respect thereof are defaulters.

section 97. of the central provinces landrevenue act : attachments and sales of moveable property made under this chapter shall be conducted as nearly as may be according to the law for the time being in force for the attachment and sale of moveable property under the decree of a civil court.

section 94. of the central provinces landrevenue act : an arrear payable directly to government may be recovered by anyone or more of the following processes: a by arresting the defaulter and imprisoning him in the civil jail b by attaching and selling his moveable property c by attaching the mahal in respect of which the arrear has accrued or the share or land of any malguzar who has not paid the portion of the revenue which, as between him and the other malguzars, is payable by him, and taking the same mahal, share or land under direct management d by transferring the share or land of any malguzar who has not paid such portion to any malguzar who has paid the same, or, if every such malguzar declines to accept such share or land, to any person having a mortgage or charge upon the same, and who consents to accept it e by annulling the settlement of the mahal in respect of which the arrear has accrued, and taking such mahal under direct management or farming the same f by selling such mahal, or the share or land of any malguzar who has not paid the portion of the revenue aforesaid g by selling immoveable property belonging to the defaulter other than the land in respect of which the arrear has accrued: provided as follows: 1 the process mentioned in clause a shall not be issued against any female, minor, lunatic or idiot 2 the processes mentioned in clauses d, e, f and g shall not be enforced without the previous sanction of the chief commissioner 3 no land shall be sold, and the settlement of no land shall be annulled, on account of an arrear accruing in respect of land whilst it is under attachment, or under charge of the superintendent of government wards, or held under direct management, or let in farm in accordance with any of the provisions of this act. the processes specified in clauses a, b and g may be enforced either in the district in which the default has been made, or in any other district.

section 91.defaulters. of the central provinces landrevenue act : when any sum payable under a settlement or subsettlement is not paid within the time at which it is payable under section ninety, such sum shall be deemed to be an arrear, and all the persons with whom such settlement or subsettlement was made, their representatives and assigns, shall thereupon become jointly and severally liable for it, and shall be deemed to be defaulters within the meaning of this act.

section 93. of the central provinces landrevenue act : a statement of account, authenticated by the signature of the tahsildar, shall, for the purposes of this chapter, be conclusive evidence of the existence of any arrear payable direct to the government, of its amount, and of the persons who in respect thereof are defaulters.

section 95. of the central provinces landrevenue act : the process mentioned in section ninetyfour, clause a, may be executed by issuing a warrant directing the officer named therein, if the defaulter fails to pay the arrear by a date to be fixed in the warrant, to bring him to the tahsil. if, when the defaulter arrives at the tahsil, the arrear is still unpaid, the tahsildar may order him to be taken before the deputy commissioner, or may keep him under personal restraint at the tahsil for a period not exceeding ten days, unless within such period the arrear is paid, and may then, if the arrear is still unpaid, cause him to be taken before the deputy commissioner.

section 96. of the central provinces landrevenue act : if the arrear is not paid when the defaulter arrives before the deputy commissioner, the deputy commissioner may issue an order to the officer in charge of the civil jail of the district, directing him to confine the defaulter in such jail for such period, not exceeding three months from the date of the order, as the deputy commissioner may think fit, unless within such period the arrear is paid.

section 90. of the central provinces landrevenue act : notwithstanding anything contained in the recordofrights of any village, the chief commissioner may fix the number and amount of the instalments, and the times, places and manner, at and in which landrevenue, whether payable direct to the government or not, shall be paid. until the chief commissioner otherwise directs, all such payments shall be made on the dates, in the instalments, in the manner and at the places on, in and at which they are payable when this act comes into force.

section 98. of the central provinces landrevenue act : after causing any attachment to be made under section ninetyfour, clause c, the deputy commissioner shall issue a proclamation declaring the attachment to be in force, and shall take the attached mahal, share or land under his own management, or place it under the management of any agent whom he may appoint for the purpose.

section 100. of the central provinces landrevenue act : the surplus profits of such land, after defraying the cost of attachment and management, shall be applied, first, to the payment of any revenue becoming due in respect of such land during the attachment and next, to discharging the arrear for the recovery of which the attachment was made.

section 99. of the central provinces landrevenue act : during the continuance of an attachment under section ninetyeight, the defaulters shall be excluded from possession of the land attached, and the deputy commissioner or the agent appointed by him shall have all their rights to manage the land and to realize the rents and profits arising therefrom, and shall be bound by all their liabilities as malguzars or proprietors to any subordinate proprietors or tenants of such land.

section 108. of the central provinces landrevenue act : unless the chief commissioner in sanctioning the sale otherwise directs, a purchaser of any land sold for arrears of revenue due in respect their of acquires the full proprietorship or superior or inferior proprietorship of it, as the case may be, free of all leases, liens and other incumbrances and all grants or contracts previously made by any person other than the purchaser in respect of such land shall become void as against such purchaser. nothing in this section shall a affect the rights of any proprietor, superior or inferior to the defaulters, or of any malikmakbuza or occupancytenant, who does not derive his rights as such proprietor, malikmakbuza or tenant from express contract with such defaulters, or any person through whom they claim or b apply to lands held under leases at fair rents for the erection thereon of dwellinghouses, places of worship or manufactories, or for working mines, minerals, coals and quarries, or for laying out and maintaining gardens and burialgrounds, or for constructing tanks and canals, so long as the lands continue to be used for the purposes specified in such leases respectively or c deprive any defaulter whose property is sold of the rights in respect to his sirland conferred by any law for the time being in force. the chief commissioner may, from time to time, determine what rents shall be deemed to be fair rents within the meaning of this section.

section 101. of the central provinces landrevenue act : the attachment shall continue until the arrear is paid or realized from the profits of the land attached, or the deputy commissioner reinstates the defaulters in possession: provided that no attachment shall continue beyond five years from the first day of the agricultural year next following its commencement.

section 107. of the central provinces landrevenue act : no defaulter shall be deprived of the possession of his sirland in the execution of any of the processes mentioned in section ninetyfour, clauses c, d and e but every such defaulter shall, while such process is being enforced, be entitled to retain possession of, and liable to pay rent for, such land as if he were an absolute occupancytenant, at such rent as may be fixed by the deputy commissioner.

section 103. of the central provinces landrevenue act : when the chief commissioner sanctions the annulment of the settlement of any mahal, the deputy commissioner shall proclaim such annulment, and may then exclude the defaulters from the possession of the mahal, and either manage the mahal or any portion thereof himself or through an agent, or let the mahal or any portion thereof in farm for such term and on such conditions as the chief commissioner directs: provided that no management or farm under this section shall continue for a longer period than fifteen years from the first day of the agricultural year next after the proclamation of annulment of settlement. after the date of such proclamation no liabilities shall accrue under the settlement so annulled but such annulment shall not affect anything done or any liability incurred under the settlement before such date.

section 104. of the central provinces landrevenue act : when a portion only of the mahal is managed or let in farm under section one hundred and three, the rest of such mahal shall be separately resettled with the proprietors thereof for the remainder of the term of settlement.

section 110. of the central provinces landrevenue act : in the course of a sale under section ninetyfour, clause f, if the property is knocked down to a stranger, the following persons may claim to take it at the sum last bid in the following order: a any malguzar who has paid the revenue which, as between him and the other malguzars, is payable by him b if the superior proprietorship is sold, the inferior proprietor c if the inferior proprietorship is sold, the superior proprietor provided that such claim is made before the officer conducting the sale closes the sitting at which the sale is held, and that the claimant undertakes to fulfil all the conditions of the sale binding on the purchaser.

section 102. of the central provinces landrevenue act : when it is proposed to execute the process mentioned in section ninetyfour, clause d, the persons to whom the share or land in respect of which the arrear is due is to be transferred shall be required to pay such arrear, or to secure its payment to the satisfaction of the deputy commissioner. no such transfer shall be made for a term exceeding fifteen years from the first day of the agricultural year next after the date on which it is sanctioned by the chief commissioner. joint and several liability not affected by transfer.no proceedings taken under this section shall affect the joint and several liability of the malguzars of the mahal for arrears accruing in respect of such mahal subsequently to the transfer of the share or land, except that, as regards all such arrears, the transferee shall stand in the place of the malguzar whose share or land is transferred.

section 112. of the central provinces landrevenue act : the costs of serving a notice of demand under section ninetythree and of enforcing any process mentioned in section ninetyfour shall be recoverable as part of the arrear in respect of which the notice was served and the process was issued.

section 105. of the central provinces landrevenue act : as soon as the management or farm of any mahal or portion thereof has come to an end, the deputy commissioner shall offer to the persons entitled under section fortynine to an offer of assessment a new assessment of the land, on such conditions as the chief commissioner may direct, for the remainder of the term of the settlement of the mahel and, if such offer is refused, may, with the previous sanction of the chief commissioner, let such mahal or portion in farm for the remainder of the term of settlement to some other person, or manage it himself or through an agent for such period.

section 106. of the central provinces landrevenue act : no leases, liens or other incumbrances created by the defaulters, or by any person through or under whom they claim, of, or upon any land managed or let in farm under this act, shall, during such management or farm, be binding upon the deputy commissioner or settlementofficer, his agent or lessee.

section 114. of the central provinces landrevenue act : notwithstanding anything contained in section ninetytwo, when proceedings are taken under this act for the recovery of an arrear, the person against whom such proceedings are taken may, if he denies that the arrear or any part thereof is due pay the same under protest made at the time of payment and duly signed by him or by his agent, and institute a suit in the civil court for the recovery of the amount which he denies to be due.

section 109. of the central provinces landrevenue act : when immoveable property is sold under this act, the rules prescribed in sections 287, 288, 293 and 306 to 316, both inclusive, of the code of civil procedure shall be followed, except in the following particulars that is to say: a the defaulter may pay the arrear in respect of which the land is to be sold at any time before the day fixed for the sale, and on such payment the sale shall be stayed. b the proclamation directed by the said section 287 shall, when the sale is under clause f,section ninetyfour, of this act, declare that, subject to the provisions of section one hundred and eight, the full proprietorship, or superior or inferior proprietorship, as the case may be, is to be sold free from all leases, liens, and other incumbrances, and the certificate mentioned in section 316 of the said code shall contain a similar statement. c the last two clauses of the said section 287 shall not apply. d an appeal from any order under section 312 of the said code for confirming or setting aside the sale shall lie to the commissioner of the division, and an appeal from the commissioners order on such appeal shall lie to the chief commissioner. e the deputy commissioner may, from time to time postpone any sale which he has proclaimed, reporting such postponement to the commissioner of the division. f section 309 of the said code shall be read as if, after the words for such payment, the words and every sale of such property made after a postponement were added. g section 313 of the said code shall not apply to sales under section ninetyfour, clause f, of this act. h section 316 of the said code shall be read as if the words the deputy commissioner shall place the purchaser in possession of the lands which he has purchased were added thereto.

section 117. of the central provinces landrevenue act : nothing in the indian limitation act, , and no agreement made after this act comes into force, shall bar the right of the malguzars of any mahal assessed with landrevenue to demand revenue, in respect of any land which, having been taken into account in such assessment, has been held by any, person without payment of revenue. the chief commissioner may, in his discretion, exempt any case from the operation of this section.

section 111. of the central provinces landrevenue act : the proceeds of every sale in execution of any process mentioned in section ninetyfour shall be applied, first, in satisfaction of the arrear on account of which the sale was held and of the expenses of such sale secondly, to the payment of any other arrear due to government by the defaulter and the surplus, if any, shall then be payable to him, or, where there are more defaulters than one, to such defaulters according to their respective shares in the property sold.

section 120. of the central provinces landrevenue act : any entry in the record of rights may, after such record has been made over to the deputy commissioner, be corrected by the deputy commissioner on the application of any person interested, or of his own motion. such correction may be made on one or more of the following grounds and on no others: a that all persons interested in such entry wish to have it corrected or b that by a decree in a suit brought under section eightythree it has been declared to be erroneous c that, being founded on a decree or order of a civil court, or on the order of a revenue or settlementofficer, it is not in accordance with such decree or order or d that, being founded on such decree or order, the order or decision has subsequently been modified on appeal or review, or has been revised by the chief commissioner.

section 113. of the central provinces landrevenue act : the chief commissioner may make rules a for the guidance of revenueofficers in issuing notices demand under section ninetythree and executing the processes mentioned in section ninetyfour b defining the classes of officers by whom the processes mentioned in section ninetyfour, clauses a and b, may be enforced c prescribing the agency by which any of the processes issued under section ninetyfour shall be executed.

section 115., in suit for arrears. of the central provinces landrevenue act : in a suit for the recovery of an arrear of revenue not being revenue payable directly to government, and in a suit brought by a lambardar to recover the amount of any revenue payable to government through him, the defendant shall not, except with the permission of the court, a setoff against the plaintiffs demand any sum of money recoverable by him from the plaintiff or b claim credit for any payment purporting to have been made on account when such payment was made before the date on which the amount thereof became due.

section 116. of the central provinces landrevenue act : any lambardar or sublambardar entitled to recover an arrear, or any malguzar whom sue an arrear is due under a subsettlement, may, before instituting a suit for the recovery thereof, apply to the deputy commissioner to recover such arrear on his behalf as if it were an arrear of revenue payable directly to government. the deputy commissioner may, if he thinks fit, comply with such application, but shall, before compliance therewith, give to the persons who would be defendants if a suit were instituted for the recovery of such arrear, opportunity to show cause against the order which he proposes to make. the deputy commissioner shall not be made a defendant to any suit instituted under section one hundred and fourteen in respect of an arrear as to which an order has been made under this section. no person on whose account the deputy commissioner proceeds under this section to recover an arrear shall thereby be relieved of his responsibility for such arrear.

section 118. of the central provinces landrevenue act : no suit for the recovery of revenue payable under a settlement or subsettlement shall be instituted after three years reckoned from the date on which such revenue becomes payable. in other respects the limitation of such suits shall be governed by the indian limitation act, .

section 119. of the central provinces landrevenue act : interest shall not be charged on an arear of revenue unless the chief commissioner, by general or special order, so directs provided that the court may award interest at such rate as it thinks fit on sums payable under a subsettlement.

section 125. of the central provinces landrevenue act : the chief commissioner a direct that the mukaddam of each village shall, for the purpose of showing the changes occurring therein subsequently to the preparation of the recordofrights, prepare, or, where there is a patwari, cause to be prepared, and furnish, annually for such village, papers in such form at such time, containing such particulars, and attested in such manner, as the chief commissioner may, from time to time, prescribe b lay down the procedure to be followed in order to ascertain that a change has occurred in the village, and the nature of such change. ball changes referred to in this section shall be recorded in such registers as the chief commissioner appoints, and not in the recordofrights, and the chief commissioner may direct that, before any specified changes are recorded, the order of a specified revenueofficer shall be obtained in this behalf.

section 126. of the central provinces landrevenue act : all persons lawfully entering into possession of proprietary rights and interests in any land shall, within a reasonable time, give notice of such entry to the tahsildar of the tahsil in which such land is situated. if any question arises whether any right or interest is a proprietary right or interest within the meaning of this section, the decision thereof by the chief commissioner shall be final. notice to be given by guardian in case of minority or idiotcy.if the person so entering is a minor, lunatic or idiot, the guardian or other person who has charge of his property shall give the notice require by this section.

section 121. of the central provinces landrevenue act : the deputy commissioner may revise a recordofrights when such revision is provided for in such record.

section 122. of the central provinces landrevenue act : when the deputy commissioner takes proceedings for the correction of any entry in the recordofrights or for the revision of such recordofrights, he shall exercise, for the purpose of such correction or revision, all the powers which the chief settlementofficer might have exercised if the proceedings had been taken whilst the settlement was in progress.

section 123. of the central provinces landrevenue act : the chief commissioner may, in his discretion, by notification in the official gazette, direct that any specified rule, custom or condition duly entered in the recordofrights of any specified village shall be enforced by the government. punishment of violation of such rules or custom. if any of the persons with whom a settlement or subsettlement has been made, violate or neglect any rule, custom or condition with respect to which the chief commissioner has made a direction under this section, the deputy commissioner may, if no penalty is provided by any law for the time being in force for such violation or neglect, recover from such person a penalty not exceeding two hundred rupees

section 124. of the central provinces landrevenue act : any person against whom proceedings have been taken under section one hundred and twentythree may institute a suit against government to set aside such proceedings on the ground that no rule, custom or condition was, in fact, violated or neglected. if the court finds that no rule, custom or condition has been violated or neglected, it may by its order annul such proceedings, and direct that any penalty paid by the plaintiff be refunded and may also award to him such costs as he has necessarily incurred in the proceedings, and such further sum as compensation as it thinks fit.

section 127. of the central provinces landrevenue act : any person neglecting to give the notice required by section one hundred and twentysix shall be liable, at the discretion of the deputy commissioner or assistant commissioner, to fine which may extend to fifty rupees for each day during which such neglect continues.

section 128. of the central provinces landrevenue act : all persons being in possession of proprietary rights in land shall, on being so required by the deputy commissioner, prepare, or cause to be prepared, such papers, and furnish such information, as may be required for the preparation of the villagepapers prescribed under section only hundred and twentyfive.

section 129. of the central provinces landrevenue act : the chief commissioner may direct that fees shall be leviable when changes are recorded under the last clause of section one hundred and twentyfive, and may fix the amount of such fees. from whom leviable.all fees so leviable shall be levied from the person in whose favour the change is made.

section 131. of the central provinces landrevenue act : all records kept under this act shall be open to public inspection at such times, and on such conditions as to fees or otherwise, as the chief commissioner from time to time directs.

section 132. of the central provinces landrevenue act : the deputy commissioner shall, when a settlement is not in progress, exercise the powers conferred by this act on settlementofficers for the following purposes: a causing boundarymarks to be erected or repaired, and recovering the. cost of such erection and repair b assessing landrevenue on lands which are liable to assessment, but have not been assessed c declaring any. local area to be a mahal d settling lands from which the proprietors were excluded at settlement and to which they have been or are about to be readmitted e settling mahals in respect of which an application has been made under the third proviso to section fiftysix f dealing with claims to hold land wholly or partially free from revenue as against the malguzars g assessing lands gained by alluvion h ascertaining and recording villagecesses which are levied when this act comes into force, but have not been recorded at the settlement

section 133. of the central provinces landrevenue act : the chief commissioner may, during the currency of a settlement, invest any officer with the powers conferred on a settlementofficer by sections forty, fortyone and fortytwo or, with the sanction of the governor general in council, with any other of the powers which are by this act conferred on a settlementofficer but not so as to enable him to enhance the amount of an assessment in force under section fiftysix.

section 137. of the central provinces landrevenue act : the chief commissioner may make rules regulating the appointment, remuneration, suspension and removal of lambardars, sublambardars and mukaddams: provided that, except with the previous sanction of the governor general in council, proprietors, other than malikmakbuzas, shall not be liable to pay, on account of the aggregate remuneration of lambardars or sublambardars and mukaddams, a sum exceeding five per cent. on the landrevenue which is assessed on their land, or which, when their land is free from revenue, would, in the judgment of the deputy commissioner, be assessed on their land if it were subject to assessment. in framing rules for the appointment under this section of lambardars and sublambardars for any mahal, the chief commissioner shall have regard among other matters to local custom and hereditary claims, and to entries on the subject in the recordofrights of such mahal. in every village in which there are resident malguzars, one of such malguzars shall be the mukaddam.

section 134. of the central provinces landrevenue act : any person wilfully erasing, removing or damaging a boundarymark may be ordered by the deputy commissioner or by a tahsildar or naib tahsildar empowered by the chief commissioner in this behalf to pay to the officer making the order, in addition to any fine to which such person would be liable under section 434 of the indian penal code, such sum, not exceeding fifty rupees, as may in the opinion of such officer be necessary to defray the expense of restoring the same, and of rewarding the person if any who gave information of such erasure, removal or damage.

section 135. of the central provinces landrevenue act : whenever the person erasing, removing or damaging such mark cannot be discovered, or if for any other reason it is found impracticable to recover from him the sum which he has been ordered to pay, the mark shall be reerected or repaired at the cost of the proprietors, mortgagees or framers of such one or more of the adjoining lands as the deputy commissioner thinks fit.

section 136. of the central provinces landrevenue act : any malguzars of a mahal who are not cosharers with the malguzars of such mahal in any lands comprised in such mahal, except such lands as are under the law relating to partition the time being in force indivisible, may apply to the deputy commissioner to make the lands held by them separately from such other malguzars a separate mahal and the deputy commissioner shall thereupon make such lands and the lands held separately by the remaining malguzars separate mahals, and shall, with the previous sanction of the commissioner, apportion between the two new mahals thus constituted the entire revenue assessed upon the original mahal.

section 141. of the central provinces landrevenue act : it shall be the duty of every mukaddam a to control and superintend the villagepatwari and villagewatchmen to report their deaths or absence from duty to maintain them in the possession of any lands appertaining to their office to recover and pay to them any cash allowances to which they may be entitled and to take such steps as may be necessary to compel them to perform their duties b to furnish reports regarding the state of his village, at such places and times as the deputy commissioner fixes in this behalf c to report and, if possible, to prevent encroachments on the public paths and roadways in his village d to preserve such stations and marks erected in his village by governmentsurveyors as may be made over to his care e subject to any rules issued by the chief commissioner, to keep his village in good sanitary condition f to report violations of any rules which the chief commissioner may make for the preservation of underwood, forests and trees growing on the villagelands, and for securing to persons entitled to cut wood and enjoy other privileges in the wastelands of the village the rights to which they are entitled g to collect, or aid in the collection of, all payments due to government in his village h to report all births and deaths taking place in his village. the chief commissioner may make rules 1 adding to the list of duties which a mukaddam is required to perform under this section and 2 regulating the liability of persons residing in any village for charges necessarily incurred by mukaddams in the performance of the duties specified in clause e in respect of such village, and for apportioning such charges among such persons and 3 determining the officers to whom reports under this section shall be made

section 144. of the central provinces landrevenue act : the chief commissioner may make rules a regulating the manner in which patwaris are to be selected prescribing the conditions under which they may be appointed and fixing the limits of their circles and the nature, mode and amount of their remuneration b prescribing the conditions under which substitutes may be appointed for persons having hereditary claims to the office of patwari, when such persons are unable to act c prescribing the fines which may be imposed on patwaris and their substitutes for neglect of their duty, and stating the circumstances under which they may be suspended or removed: provided that, except with the previous sanction of the governor general in council, no proprietor shall be compelled to pay as remuneration to patwaris a sum exceeding six per cent. on the revenue for the time being assessed on his land, or which, when his land is free from revenue, would, in the judgment of the deputy commissioner, be assessable on his land if it were liable to assessment.

section 139. of the central provinces landrevenue act : together with the landrevenue, lambardars and sublambardars may recover from the proprietors whom they respectively represent a any remuneration to which they are entitled as such and b the sum which, under section one hundred and thirtyeight, they are bound to pay to mukaddams: provided that no such recovery shall made from malikmakbuzas paying a percentage which includes remuneration to mukaddams and lambardars.

section 138. of the central provinces landrevenue act : it shall be the duty of every lambardar and sublambardar a to collect and pay into the government treasury so much of the landrevenue as may under section seventyone be payable through him, either solely or jointly with other lambardars or sublambadars b to collect and pay to the mukaddam, or into the government treasury, as the deputy commissioner may direct, all sums of money payable through him, either solely or jointly with other lambardars or sublambardars, by the proprietors whom he represents, on account of the remuneration of the mukaddam, patwaris or villagewatchmen, or on account of any expenses which the mukaddam is authorized to recover from the lambardars or sublambardars of his village c to assist the mukaddam in obtaining all particulars which he is bound to enter in the annual villagepapers, or to report under this act.

section 145. of the central provinces landrevenue act : the chief commissioner may make rules for the guidance of deputy commissioners in dealing with cases where, at the time of making the settlement next before this act comes into force, the maintenance of patwari was made optional, and the persons settled with are unable to agree as to whether a patwari should be maintained, and for dealing with cases where no patwari is, under such option, maintained and the mukaddams proprietors have made default in the performance of the duties of a patwari. such rules may empower the deputy commissioner, in the latter class of cases a to impose fines not exceeding fifty rupees on such mukaddams or proprietors, and therefrom to make provision for the temporary performance of the duties in respect of which they have made default b to appoint patwaris in the villages of such proprietors, either for the term of the settlement or for any shorter term, and to fix the remuneration of such patwaris. nothing in the proviso to section one hundred and fortyfour shall apply to patwaris so appointed.

section 140. of the central provinces landrevenue act : on the application of any malikmakbuza or other like holder of land, or of the lambadar or sublambardar through whom such malikmakbuza or other holder of land pays the revenue assessed on his holding, the deputy commissioner may, for sufficient cause shown, order that such revenue be paid through any other lambardar or sublambardar, or that it be paid into the government treasury. effect of order for payment of revenue direct to government.when the deputy commissioner orders such payment to be made into the government treasury, such portion of the percentage fixed under section sixtyfour as the deputy commissioner, subject to the control of the chief commissioner, may determine, shall be so paid, and the malikmakbuza or other person shall pay the rest to the mukaddams on account of their fees and the other villageexpenses.

section 142. of the central provinces landrevenue act : when, by any enactment for the time being in force, any public duties are imposed on, or public liabilities are declared to attach to, landholders, their managers and agents and the like, such duties shall be deemed to be imposed on, and such liabilities shall be held to attach to, mukaddams appointed under this act: provided that nothing herein contained shall discharge landholders, their managers or agents, or the like, from any liabilities imposed upon them by law.

section 143. of the central provinces landrevenue act : every mukaddam may recover from the lambardars or sublambardars of the village to which he is appointed his own remuneration, together with any expenses necessarily incurred in the performance of his duties

section 148. of the central provinces landrevenue act : all existing lambardars, subiambardars, mukaddams and patwaris shall, unless the chief commissioner in any specified case otherwise directs, be deemed to have been appointed under this act.

section 146. of the central provinces landrevenue act : the chief commissioner may make rules prescribing the duties of patwaris a towards the government and may in such rules determine the registers, returns or other papers which they shall keep or furnish, the forms and language in which such registers and returns are to be prepared, the mode of their preparation and attestation, and the dates on which they are to be furnished b towards the members of the villagecommunity and may in such rules fix the remuneration, if any, other than the fixed emoluments of their office, which the patwaris may demand in respect of the performance of such duties. patwaris papers to be public documents.all records and papers which patwaris are required to prepare or keep by any rule made by the chief commissioner under this section shall be deemed to be public documents within the meaning of the indian evidence act, , and to be the property of government.

section 154. of the central provinces landrevenue act : whenever, at any settlement made before this act comes into force, waste1ands have been demarcated as the property of government, no claim of any person to, or in respect of, such lands shall be entertained by any civil court after the expiration of three years from the date of such demarcation.

section 147. of the central provinces landrevenue act : patwaris shall produce at all reasonable times, for the inspection of all persons interested therein, all records and papers which they are so required to prepare or keep, and shall allow such persons to make copies of such records and papers.

section 149. of the central provinces landrevenue act : any sums which lambardars, subiambardars, mukaddams and patwaris are entitled to recover or demand under this chapter may, if the deputy commissioner so directs, be recovered in the same manner as an arrear of revenue payable directly to the government.

section 153. of the central provinces landrevenue act : no suit shall lie in any civil or revenue court for the recovery of any villagecess which has not been sanctioned by the chief commissioner and also either recorded at a settlement or under section one hundred and thirtytwo, clause h.

section 150. of the central provinces landrevenue act : in each village of the district of sambalpur all persons holding sirland, other than mukaddams, are bound to provide for the due remuneration of the mukaddam of the village and the chief commissioner may make rules for the enforcement of this obligation

section 151. of the central provinces landrevenue act : unless it is otherwise expressly provided in the records of a settlement or by the terms of a grant made by the government, the right to all mines, minerals, coals and quarries, and to all fisheries in navigable rivers, and the right to extract sap from all palmyra and cocoanut trees, shall be deemed to belong to government and the government shall have all powers necessary for the proper enjoyment of such rights: provided that, whenever in the exercise by the government of the rights herein referred to over any land, the rights of any persons are infringed by the occupation or disturbance of the surface of such land, the government shall pay to such persons compensation for such infringement, and the amount of such compensation shall be determined as nearly as may be in accordance with the provisions of the land acquisition act, .

section 152. of the central provinces landrevenue act : except as otherwise hereinbefore provided, a no civil court shall entertain any suit instituted, or application made, to obtain a decision or order on any matter which the governor general in council, the chief commissioner or a revenue or settlementofficer is, by this act, empowered to determine or dispose of and in particular b no civil court shall exercise jurisdiction over any of the following matters: 1 any matters provided for in sections forty, fortyone, fortytwo and eightynine, as to wastelands: 2 the claim of any person to have an assessment offered to, or subsettlement made with, him: 3 the amount of revenue or rate to be assessed on any mahal, share or portion of a mahal under this or any other act for the time being in force: 4 questions as to the validity of any engagement with government for the payment of land revenue, or of any agreement entered into by superior or inferior proprietors in a settlement or subsettlement: 5 claims connected with or arising out of any process enforced on account of refusal to accept the assessment offered in a settlement or subsettlement by the settlementofficer or deputy commissioner: 6 the amount of the allowance or rent fixed under section sixtyone or sixtytwo: 7 the redistribution according to established custom, by a settlementofficer, of land comprised in a mahal: 8 the formation of the recordofrights, the preparation, signing or attestation of any of the documents contained therein, or the notification of settlement: 9 any matters provided for or referred to in sections seventythree, seventyfour or one hundred and thirty as to lands held or claimed to be he1d free from revenue, except rights arising under any contract between the government of india and grantees of land: 10 claims connected with, or arising out of, the collection of revenue, or any process enforced on account of an arrear of revenue, or on account of any sum which is under this or any other act realizable as revenue: 11 claims to set aside, on any ground other than fraud, sales for arrears of revenue: 12 corrections of entries revisions of records under sections one hundred and twenty, one hundred and twentyone and one hundred and twentytwo: 13 claims to have a partition and apportionment made under section one hundred and thirtysix, and questions as to the distribution or apportionment under that section of the land or of the revenue of a mahal: 14 claims to the office of patwari, lambardar, sublambardar or mukaddam, or in respect of any injury caused by exclusion therefrom, or to compel the performance of the duties thereof: 15 claims to compel the performance of any duties imposed by this act on any revenue or settlementofficer. in all the above cases jurdisdiction shall rest with the revenueauthorities only

section 155. of the central provinces landrevenue act : no revenue or settlementofficer, and no person employed in any revenue or settlement office, shall, except with the express permission of the chief commissioner, a engage in trade, or be in any way concerned, directly or indirectly, in any commercial transaction, or in the purchase or hiring of land, in the district to which he is appointed, or in which he is employed b purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly or in shares with others, any property which may be sold by order of any revenueauthority in such district. the chief commissioner may delegate to commissioners of divisions or to deputy commissioners the power of granting the permission mentioned in this section in the case of any specified class of officers. nothing in this section shall be deemed to preclude any person from becoming a member of a company incorporated under the indian companies act, .

section 161. of the central provinces landrevenue act : the chief commissioner may vary or cancel any order conferring powers under this act.

section 157. of the central provinces landrevenue act : when any land has been let in farm under the provisions of this act, any revenue due from the farmer in respect of such land may be recovered from him or his surety as an arrear of revenue payable directly to government

section 156. of the central provinces landrevenue act : when any mahal is managed or let in farm under section fiftyseven or fiftyeight, or when either of the proclamations mentioned in sections ninetyeight and one hundred and three has been made, all sums due to the proprietor in respect of the mahal, share or land mentioned in any of the said sections shall be payable only to the deputy commissioner or settlementofficer, his agent or lessee and no payment made to such proprietor in anticipation of the usual period for such payment shall, without the sanction of the deputy commissioner or settlementofficer, be credited to the person making the same in account with the deputy commissioner or settlementofficer, his agent or lessee.

section 160. of the central provinces landrevenue act : in conferring powers under this act the chief commissioner may empower persons by name or classes of officials generally by their official titles.

section 162. of the central provinces landrevenue act : the chief commissioner may, with the previous sanction of the governor general in council, make rules consistent with this act for carrying out its provisions, and may attach to the breach of any such rule, or of any other rule made by him under this act, a penalty which may extend to two hundred rupees, or, when such breach is a continuing breach, to fifty rupees for each day during which such breach continues. all powers to make rules conferred by this act on the chief commissioner shall be exercised subject to the control of the governor general in council, and may be exercised from time to time as occasion requires. no rule made by the chief commissioner under this act shall take effect until it has been published in the local official gazette. all such rules, when so published, shall have the force of law.

section 158. of the central provinces landrevenue act : all landrevenue due when this act comes into force, and all penalties or other moneys payable to, or recoverable by, an officer of government under this act, shall be recovered from the persons from whom they are due and from the sureties if any of such persons as if such landrevenue, penalties or moneys were an arrear of revenue payable directly to government due under this act by such persons and their sureties.

section 159. of the central provinces landrevenue act : all proceedings taken before this act comes into force for the collection of the landrevenue or the realization of arrears thereof shall be deemed to have been taken in accordance with law.

section 8. of the delhi urban areastenants relief act : 1 the chief commissioner may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this section be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 7. of the delhi urban areastenants relief act : the provisions of this act shall, save as otherwise expressly provided, have effect notwithstanding anything to the contrary contained in any other law, custom or usage or agreement or decree or order of court.

section 1. of the delhi urban areastenants relief act : 1 this act may be called the delhi urban areas tenants relief act, . 2 it extends to the areas in the union territory of delhi which, immediately before the 1st day of november, , were included in a municipality or in a notified area under the provisions of the punjab municipal act, punjab act 3 of , or in a cantonment under the provisions of the cantonments act, 2 of , but shall not apply to the areas owned by the central government or the delhi development authority constituted under the delhi development act, 61 of , or any local authority. 3 it shall come into force on such date as the chief commissioner may, by notification in the official gazette, appoint.

section 2. of the delhi urban areastenants relief act : in this act, unless the context otherwise requires, a chief commissioner means the chief commissioner of delhi b family means i in relation to a person belonging to a joint hindu family, every member of such family and ii in relation to any other person, the person, the wife or husband, as the case may be, and the dependent children and grandchildren, of such person c landholder means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for the land d person under disability means, i a widow ii a minor whose father has died iii a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item iv or v iv a member of the armed forces of the union v a person incapable of cultivating land by reason of some physical or mental disability vi a person prosecuting studies in a recognised institution and not exceeding 25 years of age or vii a person who is under detention or undergoing imprisonment e tenant and tenancy include a subtenant and a subtenancy respectively f the words land and tenant and all other words and expressions used but not defined in this act and defined in the punjab tenancy act, 16 of , or the agra tenancy act, u.p. act ii of , shall have the meanings respectively assigned to them, i in relation to areas to which the punjab tenancy act, 16 of , applies, in that act or ii in relation to areas to which the agra tenancy act, u.p. act ii of , applies, in that act.

section 3. of the delhi urban areastenants relief act : 1 after the commencement of this act, no person shall be liable to be ejected from any land held by him as tenant except on one or more of the following grounds, namely: a that a decree for arrear of rent due in respect of the land remains unsatisfied after the expiry of the period allowed therefor b where rent is payable in kind, that he has without sufficient cause failed to cultivate the land c that he has sublet or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract d that he has used the land in a manner which renders it unfit for the purpose for which it was let. 2 without prejudice to the provisions of subsection 1 but subject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from the land held by him by a landholder, a in any case where the landholder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a nonagricultural purpose in furtherance of its objects and b in any case where the landholder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he is under disability or within two years from the date when he cases or has ceased to be under disability: provided that no proceeding shall lie under this subsection in respect of any share of land unless the share has first been partitioned by metes and bounds. explanation. for the purposes of this section, the disability of a person shall cease, a in the case of a widow, if she remarries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death b in the case of a minor, on the date of his attaining majority c in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause d or e, on the date on which the disability of the husband ceases d in the case of a person who is a member of the armed forces of the union, on the date of his discharge from service or of his posting to the reserve e in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist f in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution g in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment.

section 9. of the delhi urban areastenants relief act : 1 the provisions of the punjab tenancy act, 16 of , and the agra tenancy u.p. act, u.p. act ii of , and the punjab tenants security of tenure act, , punjab act xxii of as applicable to the areas to which this act extends, which are inconsistent with the provisions of this act are hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under any of the provisions so repealed, to the extent to which it is not inconsistent with the provisions of this act, shall be deemed to have been done or taken in exercise of the powers conferred by this act as if this act was in force on the date on which such thing was done or such action was taken.

section 6. of the delhi urban areastenants relief act : the rent payable by a tenant in respect of land held by him as such shall not exceed onefifth of the produce of the land or the money equivalent thereof, or where a lower rent is agreed upon between him and the landholder, the agreed rent.

section 5. of the delhi urban areastenants relief act : 1 where, after the commencement of this act, a person under disability or a religious or charitable institution has taken possession of land by ejecting the tenant therefrom under subsection 2 of section 3 on the ground that the land is required for a purpose specified in that subsection and such person or institution fails to use the land for that purpose within one year from the date on which such person or institution took possession thereof, the tenant shall be entitled to be restored to possession of the land from which he was ejected, on the same terms on which he held it at the time of ejectment. 2 where, on or after the 1st july, and before the commencement of this act, any tenant of land has been ejected from the land and the ejectment could not have taken place if this act had been in force on the date of such ejectment, the officer specified in this behalf by the chief commissioner may, either on his own motion or on application made by the tenant, restore him to possession of the land from which he has been ejected, on the same terms on which he held it at the time of ejectment. 3 nothing in this section shall be construed as entitling a tenant to be restored to possession of any land if it is under cultivation by the owner who is a person under disability or has, on or before the 28th day of march, , ceased to be used for agricultural purposes.

section 4. of the delhi urban areastenants relief act : save as provided in section 3, no tenant of land shall, whether in execution of a decree or order of a court or otherwise, be ejected from the land, and if there is any proceeding for ejectment of such tenant pending immediately before the commencement of this act and the proceeding could not have been instituted had this act been in force at the time of the institution of such proceeding, then, notwithstanding anything contained in any law, such proceeding shall, on such commencement, abate.

section 8. of the marine products export development authority act : 1 the authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the authority shall have the power to coopt as members of any committee appointed under subsection 1 such other number of persons who are not members of the authority, as it may think fit.

section 1. of the marine products export development authority act : 1 this act may be called the marine products export development authority act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act. 1 12th july, , vide notification no. g.s.r. 388e, dated 12th july, , in respect of the provisions of sections other than sections 11 to 19 both inclusive, see gazette of india, extraordinary, part ii, sec. 3i. 15th january, , vide notification no. g.s.r. 8e, dated 10th january, , in respect of the provisions of sections 11 to 19 both inclusive, see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the marine products export development authority act : show related subordinates 1 the central government shall appoint a director of marine products export development to exercise such powers and perform such duties under the chairman as may be prescribed or as may be delegated to him by the chairman. 2 the central government shall appoint a secretary to the authority to exercise such powers and perform such duties under the chairman as may be prescribed or as may be delegated to him by the chairman. 3 the director and the secretary to the authority shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may be fixed by the central government. 4 subject to such control and restrictions as may be prescribed, the authority may appoint such other officers and employees as may be necessary for the efficient performance of its functions and pay them such salaries and allowances as it may determine from time to time. 5 the chairman, the director, the secretary and other employees of the authority shall not undertake any work unconnected with their duties under this act except with the permission of the central government.

section 2. of the marine products export development authority act : it is hereby declared that it is expedient in the public interest that the union should take under its control the marine products industry.

section 3. of the marine products export development authority act : in this act, unless the context otherwise requires, a authority means the marine products export development authority established under section 4 b chairman means the chairman of the authority c conveyance includes a carrier vessel or a vehicle d dealer means a dealer in any of the marine products e director means the director of marine products export development appointed under section 7 f export and import mean respectively taking out of, or bringing into, india by land, sea or air g fishing vessel means a ship or boat fitted with mechanical means of propulsion which is exclusively engaged in seafishing for profit h marine products includes all varieties of fishery products known commercially as shrimp, prawn, lobster, crab, fish, shellfish, other aquatic animals or plants or part thereof and any other products which the authority may, by notification in the gazette of india, declare to be marine products for the purposes of this act i member means a member of the authority j owner, in relation to any fishing vessel or in relation to any processing plant or storage premises for marine products or in relation to any conveyance used for the transport of marine products, includes i any agent of the owner and ii a mortgagee, lessee or other person in actual possession of the fishing vessel, processing plant, storage premises or conveyance k prescribed means prescribed by rules made under this act l processing, in relation to marine products, includes the preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the authority may, by notification in the gazette of india, specify in this behalf.

section 9. of the marine products export development authority act : show related subordinates 1 it shall be the duty of the authority to promote, by such measures as it thinks fit, the development under the control of the central government of the marine products industry with special reference to exports. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for a developing and regulating offshore and deepsea fishing and undertaking measures for the conservation and management of offshore and deepsea fisheries b registering fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products c fixing of standards and specifications for marine products for purposes of export d rendering of financial or other assistance to owners of fishing vessels engaged in offshore and deepsea fishing and owners of processing plants or storage premises for marine products and conveyances used for the transport of marine products, and acting as an agency for such relief and subsidy schemes as may be entrusted to the authority e carrying out inspection of marine products in any fishing vessel, processing plant, storage premises, conveyance or other place where such products are kept or handled, for the purpose of ensuring the quality of such products f regulating the export of marine products g improving the marketing of marine products outside india h registering of exporters of marine products on payment of such fees as may be prescribed i collecting statistics from persons engaged in the catching of fish or other marine products, owners of processing plants or storage premises for marine products or conveyances used for the transport of marine products, exporters of such products and such other persons as may be prescribed on any matter relating to the marine products industry and the publishing of statistics so collected, or portions thereof or extracts therefrom j training in various aspects of the marine products industry and k such other matters as may be prescribed. 3 the authority shall perform its functions under this section in accordance with and subject to such rules as may be made by the central government.

section 4. of the marine products export development authority act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established for the purposes of this act, an authority to be called the marine products export development authority. 2 the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the authority shall consist of the following members, namely: a a chairman to be appointed by the central government b the director of marine products export development, exofficio c three members of parliament of whom two shall be elected by the house of the people and one by the council of states d five members to represent respectively the ministries of the central government dealing with i agriculture, ii finance, iii foreign trade, iv industry, and v shipping and transport e such number of other members not exceeding twenty as the central government may think expedient, to be appointed by that government by notification in the official gazette from among persons who are in its opinion capable of representing i the governments of the states or union territories having a seacoast ii the interests of owners of fishing vessels, processing plants or storage premises for marine products and conveyances used for the transport of marine products iii the interests of dealers iv the interests of persons employed in the marine products industry v the interests of persons employed in research institutions engaged in the researches connected with the said industry and vi such other persons or class of persons who, in the opinion of the central government, ought to be represented on the authority. 4 the number of persons to be appointed as members from each of the categories specified in clause e of subsection 3, the term of office of the members other than the member referred to in clause b of that subsection, and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed. 5 any officer of the central government, not being a member of the authority, when deputed by that government in this behalf, shall have the right to attend meetings of the authority and take part in the proceedings thereof but shall not be entitled to vote. 6 the authority shall elect from among its members a vicechairman who shall exercise such of the powers and perform such of the functions of the chairman as may be prescribed or as may be delegated to him by the chairman.

section 10. of the marine products export development authority act : 1 the central government may, by notification in the official gazette and for reasons to be specified therein, direct that the authority shall be dissolved from such date and for such period as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed dissolution and shall consider the representations, if any, of the authority. 2 when the authority is dissolved under the provisions of subsection 1, a all members notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the authority shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all funds and other property vested in the authority shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the authority shall be reconstituted in accordance with the provisions of this act.

section 12. of the marine products export development authority act : the form of application for registration under section 11 and for the cancellation of such registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the authority shall be such as may be prescribed.

section 6. of the marine products export development authority act : the chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government.

section 13. of the marine products export development authority act : 1 every owner referred to in subsection 1 of section 11 shall furnish to the authority at the prescribed time and in the prescribed manner such returns as may be prescribed. 2 the authority may authorise a member or any of its officers to inspect any fishing vessel, processing plant, storage premises or conveyance at any time to verify the accuracy of any return made under this section.

section 5. of the marine products export development authority act : no act or proceeding of the authority or any committee appointed by it under section 8, shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the authority or such committee or b any defect in the appointment of a person acting as a member of the authority or such committee or c any irregularity in the procedure of the authority or such committee not affecting the merits of the case.

section 16. of the marine products export development authority act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the authority by way of grants or loans such sums of money as the central government may consider necessary.

section 11. of the marine products export development authority act : 1 every owner of a fishing vessel, processing plant or storage premises for marine products or conveyance used for the transport of marine products shall, before the expiration of one month from the date on which he first became owner of such fishing vessel, processing plant, storage premises or conveyance, or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the authority for registration under this act of every such fishing vessel, processing plant, storage premises, or conveyance owned by him: provided that the authority may, for sufficient reason, extend the timelimit for registration by such period as it thinks fit. 2 registration once made shall continue to be in force until it is cancelled by the authority.

section 20. of the marine products export development authority act : 1 the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of marine products, either generally or in specified classes of cases. 2 all marine products to which any order under subsection 1 applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the customs act, 52 of , and all the provisions of that act shall have effect accordingly. 3 if any person contravenes any order made under subsection 1, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 52 of , as applied by subsection 2, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 14.. of the marine products export development authority act : imposition of a cess on marine products exported. rep. by the repealing and amending act, 24 of , s. 2 and the first schedule w.e.f. .

section 21. of the marine products export development authority act : the authority shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 15.. of the marine products export development authority act : payment of proceeds of cess to the authority. rep. by the repealing and amending act, s. 2 and the first schedule ibid. w.e.f. .

section 17. of the marine products export development authority act : show related subordinates 1 there shall be formed a fund to be called the marine products export development fund and there shall be credited thereto a the proceeds of the cess made over to the authority by the central government b all fees levied and collected in respect of registration made under this act c any other fee that may be levied and collected by the authority under this act or the rules made thereunder d any grants or loans that may be made by the central government for the purposes of this act e any grants or loans that may be made by any institution for the purposes of this act and f all sums realised by the authority in carrying out the measures referred to in section 9. 2 the fund shall be applied a for meeting the salaries, allowances and other remuneration of the officers and other employees of the authority b for meeting the other administrative expenses of the authority c for meeting the cost of the measures referred to in section 9 and d for repayment of any loans from the central government or from any institution.

section 18. of the marine products export development authority act : subject to such rules as may be made in this behalf, the authority shall have power to borrow on the security of the marine products export development fund or any other asset for carrying out the purposes of this act.

section 19. of the marine products export development authority act : 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 23. of the marine products export development authority act : any person who being required by or under this act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.

section 22. of the marine products export development authority act : 1 the authority shall furnish to the central government, at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the marine products industry, as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the authority shall, as soon as possible after the end of each financial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 3 a copy of the report received under subsection 2 shall be laid before each house of parliament.

section 24. of the marine products export development authority act : any person who a obstructs any member authorised by the chairman in writing or any officer or other employee of the authority authorised by it in this behalf or any person authorised in this behalf by the central government or by the authority, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this act or b having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 30. of the marine products export development authority act : the central government may, by order notified in the official gazette, direct that any power exercisable by it under this act not being the power to make rules under section 33 may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein.

section 25. of the marine products export development authority act : whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules made thereunder other than the provisions, punishment for the contravention whereof has been provided for in sections 20, 23 and 24, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.

section 26. of the marine products export development authority act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 27. of the marine products export development authority act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 31. of the marine products export development authority act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, the central government may, by notification in the official gazette, suspend or relax to a specified extent, either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this act. 2 where the operation of any provision of this act has under subsection 1 been suspended or relaxed indefinitely, such suspension or relaxation may at any time while this act remains in force be removed by the central government by notification in the official gazette.

section 28. of the marine products export development authority act : no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central government.

section 29. of the marine products export development authority act : no suit, prosecution or other legal proceedings shall lie against the government, or the authority or any committee appointed by it, or any member of the authority or such committee, or any officer or other employee of the government or of the authority or any other person authorised by the government or the authority, for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 34. of the marine products export development authority act : 1 the authority may make regulations not inconsistent with this act and the rules made thereunder for enabling it to discharge its functions under this act. 2 without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the procedure to be followed at meetings of the committees appointed by the authority and the number of members which shall form a quorum at a meeting b the delegation to the chairman, members, director, secretary or other officers of the authority of any of the powers and duties of the authority under this act c the travelling and other allowances of members of the authority and of committees thereof d the pay and allowances and leave and other conditions of service of officers other than those appointed by the central government and other employees of the authority e the maintenance of its accounts f the maintenance of the registers and other records of the authority and its various committees g the appointment by the authority of agents to discharge on its behalf any of its functions h the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the authority. 3 no regulation made by the authority shall have effect until it has been approved by the central government and published in the official gazette, and the central government, in confirming a regulation, may make any change therein which appears to it to be necessary. 4 the central government may, by notification in the official gazette, cancel any regulation which it has confirmed and thereupon the regulation shall cease to have effect. 15 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1 ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 32. of the marine products export development authority act : the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

section 33. of the marine products export development authority act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number of persons to be appointed as members from each of the categories specified in clause e of subsection 3 of section 4, the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, such members b the circumstances in which and the authority by which a member may be removed c the holding of a minimum number of meetings of the authority every year d the procedure to be followed at meetings of the authority for the conduct of business and the number of members which shall form a quorum at a meeting e the maintenance by the authority of records of business transacted by the authority and the submission of copies thereof to the central government f the powers of the authority, its chairman, the director and committees of the authority with respect to the incurring of expenditure g the conditions subject to which the authority may incur expenditure outside india h the preparation of budget estimates of receipts and expenditure of the authority and the authority by which the estimates are to be sanctioned i the form and manner in which the accounts should be kept by the authority j the deposit of the funds of the authority in banks and the investment of such funds k the conditions subject to which the authority may borrow l the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the authority m the additional matters in respect of which the authority may undertake measures in the discharge of its functions n the remuneration and other allowances payable to the person or persons referred to in clause b of subsection 2 of section 10 o the form of, and the particulars to be contained in, any returns or reports to be made to the authority under this act p the form of, and the manner of making applications for registration and for its cancellation by the authority, the fee payable on such applications and the procedure to be followed in granting and cancelling registration and the conditions governing such registration q the collection of any information or statistics in respect of marine products r any other matter which is to be or may be prescribed by, or provided for by rules under, this act. 3 every rule made under this section shall be laid, as soon as may be, after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the obstructions in fairways act : the central government may, from time to time, by notification in the official gazette, make rules to regulate or prohibit, in any fairway leading to a port in 1the territories which, immediately before the 1st november, , were comprised in part a states and part c states the placing of fishingstakes, the casting or throwing of ballast, rubbish, or any other thing likely to give rise to a bank or shoal, or the doing of any other act which will, in its opinion, cause, or be likely to cause, obstruction or danger to navigation. 1. subs. by the adaptation of laws no. 2 order, , for a part a state or a part c state.

section 1. of the obstructions in fairways act : this act may be called the obstructions in fairways act, 1 but nothing herein contained shall apply to vessels 2belonging to, or hired by a contract made on behalf of, the government. 1. the words and it shall come into force at once rep. by act 10 of , s. 3 and sch. ii. 2. subs. by the a. o. , for belonging to her majesty or hired by her majesty or by the secretary of state for india in council.

section 7. of the obstructions in fairways act : for the purposes of this act, the term vessel shall be deemed to include also every article or thing or collection of things being or forming part of the tackle, equipment, cargo, stores or ballast of a vessel and any proceeds arising from the sale of a vessel, and of the cargo thereof, or of any other property recovered therefrom, shall be regarded as a common fund.

section 2. of the obstructions in fairways act : whenever, in any fairway leading to any port in 1the territories which, immediately before the 1st november, , were comprised in part a states and part c states, any vessel is sunk, stranded or abandoned, or any fishingstake, timber or other thing is placed or left, 2the central government may, if in its opinion such thing is, or is likely to become, an obstruction or danger to navigation, a cause such thing or any part thereof to be removed or b if such thing is of such a description or so situate that, 3in the opinion of the central government, it is not worth removing, cause the same or any part thereof to be destroyed. 1. subs. by the adaptation of laws no. 2 order, for a part a state or a part c state. 2. subs. by ibid.,for the l. g. of the part of british india in which such port is situate . 3. subs. by ibid.,for in the opinion of the l.g..

section 9. of the obstructions in fairways act : whoever is guilty of any act or omission in contravention of the rules made under section 8, may be tried for such offence in any district or presidencytown in which he is found, and shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 3. of the obstructions in fairways act : whenever anything is removed under section 2, 1the central government shall be entitled to receive a reasonable sum, having regard to all the circumstances of the case, for the expenses incurred in respect of such removal. dispute concerning such expenses.any dispute arising concerning the amount due under this section, in respect of anything so removed, shall be decided by the district magistrate or presidency magistrate having jurisdiction at the place where such thing is, upon application to him for that purpose by either of the disputing parties and such decision shall be final. 1. subs. by ibid.,for the govt..

section 4. of the obstructions in fairways act : the 1central government shall, whenever anything is removed under section 2, publish in the official gazette a notification containing a description of such thing, and the time at which and the place from which the same was so removed. 1. subs. by ibid.,for l. g..

section 10. of the obstructions in fairways act : whenever the maintenance or creation of an obstruction in any fairway has become lawful by long usage or otherwise, and such obstruction is removed or destroyed under section 2, or its creation is regulated or prohibited under section 8, any person having a right to maintain or create such obstruction shall be entitled to receive from the 1central government reasonable compensation for any damage caused to him by such removal, destruction, regulation or prohibition. every dispute arising concerning the right to such compensation, or the amount thereof, shall be determined according to the law for the time being in force relating to like disputes in the case of land needed for public purposes2 and not otherwise and for the purposes of such law the fairway from or in which such obstruction was removed or destroyed, or in which its creation was regulated or prohibited, shall be deemed to be a part of the presidencytown or district in which the port to which such fairway leads is situate. 1. subs. by the a.o. , for secretary of state for india in council. 2. see the land acquisition act, 1 of .

section 12. of the obstructions in fairways act : nothing herein contained shall be deemed to prevent the exercise by 1the central government of any other powers possessed by it in this behalf. 1. subs. by the a.o. , for the govt..

section 5. of the obstructions in fairways act : if after publishing such notification, such thing is unclaimed, or if the person claiming the same fails to pay the amount due for the said expenses and any customsduties or other charges properly incurred by the 1central government in respect thereof, the 2central government may sell such thing by public auction, if it is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time not less than six months after publishing such notification as aforesaid. 1. subs. by ibid.,for l. g.. 2. subs. by the a.o. , for l. g..

section 13. of the obstructions in fairways act : 113. application to fairways in inland waterways.all references in this act to the central government shall, in relation to fairways in inland waterways, be construed as references to 2state government. 1. ins. by the a.o. . 2. subs. by the adaptation of laws no. 2 order, , for the government of a part a state or a part c state.

section 6. of the obstructions in fairways act : on realizing the proceeds of such sale, the amount due for expenses and charges as aforesaid, together with the expenses of the sale, shall be deducted therefrom, and the surplus if any shall be paid to the owner of the thing sold, or, if no such person appear and claim such surplus, shall be held in deposit for payment, without interest, to any person thereafter establishing his right to the same: provided that he makes the claim within one year from the date of the sale.

section 11. of the obstructions in fairways act : whenever any obstruction in a fairway leading to a port in 1the territories which, immediately before the 1st november, , were comprised in part a states and part c states has been removed or destroyed, or whenever the creation of any such obstruction has been regulated or prohibited, by an order of the central government or a state government, previous to the passing of this act, such removal, destruction, regulation or prohibition shall be deemed to have been effected under this act. 1. subs. by the adaptation of laws no. 2 order, , for a part a state or a part c state.

section 7a., to spouse of speaker dying in office. of the salaries and allowances of officers of parliament act : 17a. family pension, etc., to spouse of speaker dying in office.1 with effect from the commencement of the salaries and allowances of officers of parliament second amendment act, 31 of , there shall be paid a family pension, to the spouse of the speaker of the house of the people who dies while holding such office at the rate of fifty per cent. of the salary last drawn by him for the remainder of life of such spouse from the date of death of the speaker: provided that the spouse of such speaker shall not be entitled to receive pension available to the spouse of any member of parliament who dies during his term of office as such member for a period of five years from the date of death of the member under subsection 1a of section 8a of the salary, allowances and pension of members of parliament act, 30 of . 2 without prejudice to the provisions of clause a of subsection 2 of section 4 and subject to any rules made in this behalf under section 11, such spouse shall be entitled to the use of unfurnished residence without payment of licence fee for the remainder of her life. 3 subject to any rules made in this behalf under section 11, a such spouse, for the remainder of her life and b the minor children of such speaker, shall be entitled to medical attendance and treatment, free of charge. 1. ins. by act 31 of , s. 2 w.e.f. .

section 1. of the salaries and allowances of officers of parliament act : 1 this act may be called the salaries and allowances of officers of parliament act, . 2 it shall be deemed to have come into force on the first day of may,

section 3., of officers of parliament. of the salaries and allowances of officers of parliament act : 13. salaries, etc., of officers of parliament.21 there shall be paid to the chairman of the council of states a salary of 3 four lakh rupees per mensem. 2 each officer of parliament, other than the chairman of the council of states, shall be entitled to receive a salary per mensem and an allowance for each day during the whole of his term as such officer at the same rates as are specified in section 3 of the salaries, allowances and pension of members of parliament act, 30 of with respect to members of parliament. 3 each officer of parliament, other than the chairman of the council of states, shall be entitled to receive a constituency allowance at the same rate as is specified under section 8 of the said act with respect to members of parliament. 1. subs. by act 75 of , s. 2, for section 3 w.e.f. . 2. subs. by act 26 of , s. 2 for subsection 1 w.e.f. . 3. subs. by act 13 of , s. 140, for one lakh twentyfive thousand rupees w.e.f. .

section 4. of the salaries and allowances of officers of parliament act : 11 each officer of parliament shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and for a period of 2one month immediately thereafter, and no charge shall fall on the officer personally in respect of the maintenance of such residence. 32 in the event of the death of an officer of parliament, his family shall be entitled to the use of the furnished residence occupied by the officer of parliament a for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the officer of parliament in respect of the maintenance of such residence, and b for a further period of one month, on payment of rent at such rates as may be prescribed by rules made in this behalf under section 11 and also charges in respect of electricity and water consumed in that residence during such further period. explanation.for the purposes of this section, residence includes the staff quarters and other buildings appurtenant thereto and the garden thereof, and maintenance in relation to a residence includes the payment of local rates and taxes and the provision of electricity and water. 1. section 4 renumbered as subsection 1 thereof by act 49 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for fifteen days w.e.f. . 3. ins. by s. 2, ibid. w.e.f. .

section 7. of the salaries and allowances of officers of parliament act : show related subordinates subject to any rules made in this behalf under section 11, an officer of parliament and the members of his family shall be entitled free of charge to accommodation in hospitals maintained by the government and also to medical treatment.

section 2. of the salaries and allowances of officers of parliament act : in this act officer of parliament means any of the following officers, namely, the chairman and deputy chairman of the council of states and the speaker and the deputy speaker of the house of the people.

section 8. of the salaries and allowances of officers of parliament act : show related subordinates there may be paid to any officer of parliament by way of a repayable advance such sum of money as may be determined by rules made in this behalf under section 11 for the purchase of a motorcar in order that he may be able to discharge conveniently and efficiently the duties of his office.

section 5. of the salaries and allowances of officers of parliament act : 15. sumptuary allowance.there shall be paid to 2 the speaker of the house of the people a sumptuary allowance of one thousand rupees per mensem and to the deputy chairman and the deputy speaker a sumptuary allowance of five hundred rupees per mensem: 3provided that on and from the 17th day of september, , the sumptuary allowance shall be paid to a the speaker of the house of the people at the same rate at which the sumptuary allowance is payable, under section 5 of the salaries and allowances of ministers act, 58 of , to every other minister who is a member of the cabinet b the deputy chairman and the deputy speaker at the same rate at which the sumptuary allowance is payable, under section 5 of the salaries and allowances of ministers act, 58 of , to a minister of state. 1. subs. by act 75 of , s. 3, for section 5 w.e.f. . 2. the words the chairman of the council of states and omitted by act 26 of , s. 3 w.e.f. . 3. ins. by act 29 of , s. 2 w.e.f. .

section 6. of the salaries and allowances of officers of parliament act : show related subordinates 1 subject to any rules made in this behalf under section 11, an officer of parliament shall be entitled to a travelling allowances for himself and the members of his family and for the transport of his and his familys effects i in respect of the journey to delhi from his usual place of residence outside delhi for assuming office, and ii in respect of the journey from delhi to his usual place of residence outside delhi on relinquishing office and b travelling and daily allowances in respect of tours undertaken by him in the discharge of his official duties, whether by sea, land or air. 11a on and from the commencement of the salaries and allowances of officers of parliament and leaders of opposition in parliament second amendment act, 56 of , an officer of parliament and his family, whether travelling together or separately, shall be entitled to travelling allowance at the same rates and for the same number of return journeys as admissible to a minister and his family under subsection 1a of section 6 of the salaries and allowances of ministers act, 58 of . 2 any travelling allowance under this section may be paid in cash or free official transport may be provided in lieu thereof. 1. subs. by act 56 of , s. 2, for subsection 1a w.e.f. .

section 11. of the salaries and allowances of officers of parliament act : show related subordinates 1 the central government may, in consultation with the chairman and the speaker, make rules for carrying out the purposes of this act. 12 every rule made by the central government under this act shall be published in the official gazette. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 2 w.e.f. .

section 9. of the salaries and allowances of officers of parliament act : no officer of parliament in receipt of a salary or allowance under this act shall be entitled to receive any sum out of funds provided by parliament by way of salary or allowance in respect of his membership of either house of parliament.

section 10., of officers of parliament to be conclusive evidence thereof. of the salaries and allowances of officers of parliament act : the date on which any person became or ceased to be an officer of parliament shall be published in the official gazette and any such notification shall be conclusive evidence of the fact that he became, or ceased to be, an officer of parliament on that date for all the purposes of this act.

section 10a. of the salaries and allowances of officers of parliament act : 110a. exemption from liability to pay incometax on daily allowance received by the chairman and certain perquisites received by an officer of parliament.notwithstanding anything contained in the incometax act, 43 of , a in computing the total income of a previous year of the chairman of the council of states, any income by way of an allowance referred to in subsection 1 of section 3 shall not be included b the value of rent free furnished residence including maintenance thereof provided to an officer of parliament under subsection 1 of section 4 shall not be included in the computation of his income chargeable under the head salaries under section 15 of the incometax act, 43 of . 1. subs. by act 17 of , s. 3, for section 10a w.e.f. .

section 8. of the indian contract act : performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.

section 1. of the indian contract act : this act may be called the indian contract act, . extent, commencement.it extends to the whole of india 12 and it shall come into force on the first day of september, . saving3 nothing herein contained shall affect the provisions of any statute, act or regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this act. 1. subs. by act 3 of , s. 3 and sch., for except part b states. 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. the words the enactments mentioned in the schedule hereto are repealed to the extent specified in the third column thereof, but rep. by act 10 of , s. 3 and sch. ii.

section 2. of the indian contract act : in this act the following words and expressions are used in the following senses, unless a contrary intention appears from the context: a when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal b when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. a proposal, when accepted, becomes a promise c the person making the proposal is called the promisor, and the person accepting the proposal is called the promisee d when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise e every promise and every set of promises, forming the consideration for each other, is an agreement f promises which form the consideration or part of the consideration for each other are called reciprocal promises g an agreement not enforceable by law is said to be void h an agreement enforceable by law is a contract i an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract j a contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.

section 7. of the indian contract act : in order to convert a proposal into a promise, the acceptance must 1 be absolute and unqualified 2 be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise but if he fails to do so, he accepts the acceptance.

section 3. of the indian contract act : the communication of proposals the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal, acceptance or revocation, or which has the effect of communicating it.

section 4. of the indian contract act : the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. the communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor as against the acceptor, when it comes to the knowledge of the proposer. the communication of a revocation is complete, as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it as against the person to whom it is made, when it comes to his knowledge. illustrations a a proposes, by letter, to sell a house to b at a certain price. the communication of the proposal is complete when b receives the letter. b b accepts as proposal by a letter sent by post. the communication of the acceptance is complete, as against a when the letter is posted as against b, when the letter is received by a. c a revokes his proposal by telegram. the revocation is complete as against a when the telegram is despatched. it is complete as against b when b receives it. b revokes his acceptance by telegram. bs revocation is complete as against b when the telegram is despatched, and as against a when it reaches him.

section 5. of the indian contract act : a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. an acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards. illustration a proposes, by a letter sent by post, to sell his house to b. b accepts the proposal by a letter sent by post. a may revoke his proposal at any time before or at the moment when b posts his letter of acceptance, but not afterwards. b may revoke his acceptance at any time before or at the moment when the letter communicating it reaches a, but not afterwards. state amendment uttar pradesh. amendment of section 5 of act 9 of .in section 5 of indian contract act, , hereinafter in this chapter referred to as the principal act, at the end of the first paragraph, the following explanation shall inserted, namely: explanationwhere an invitation to a proposal contains a condition that any proposal made in response to such invitation shall be kept open for a specified time and a proposal is thereupon made accepting such condition, such proposal may not be revoked within such time. vide uttar pradesh act, 57 of , s. 2

section 6. of the indian contract act : a proposal is revoked 1 by the communication of notice of revocation by the proposer to the other party 2 by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance 3 by the failure of the acceptor to fulfil a condition precedent to acceptance or 4 by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.

section 9. of the indian contract act : in so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. in so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.

section 10. of the indian contract act : all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. nothing herein contained shall affect any law in force in 1 india and not hereby expressly repealed by which any contract is required to be made in writing2 or in the presence of witnesses, or any law relating to the registration of documents. 1. subs. by act 3 of , s. 3 and sch., for part a states and part c states which had been subs. by the a.o. , for the provinces. 2. see e.g., s. 25, infra the copyright act, 14 of , s. 19 the carriers act, 3 of , ss. 6 and 7 the companies act, 1 of , ss. 12, 30, 46 and 109.

section 16. of the indian contract act : 116. undue influence defined. 1 a contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. 2 in particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another a where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other or b where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. 3 where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other. nothing in this subsection shall affect the provisions of section 111 of the indian evidence act, 1 of . illustrations a a having advanced money to his son, b, during his minority, upon bs coming of age obtains, by misuse of parental influence, a bond from b for a greater amount than the sum due in respect of the advance. a employs undue influence. b a, a man enfeebled by disease or age, is induced, by bs influence over him as his medical attendant, to agree to pay b an unreasonable sum for his professional services, b employs undue influence. c a, being in debt to b, the moneylender of his village, contracts a fresh loan on terms which appear to be unconscionable. it lies on b to prove that the contract was not induced by undue influence. d a applies to a banker for a loan at a time when there is stringency in the money market. the banker declines to make the loan except at an unusually high rate of interest. a accepts the loan on these terms. this is a transaction in the ordinary course of business, and the contract is not induced by undue influence. 1. subs. by act 6 of , s. 2, for the original s. 16.

section 11. of the indian contract act : every person is competent to contract who is of the age of majority according to the law to which he is subject1 , and who is of sound mind and is not disqualified from contracting by any law to which he is subject. 1. see the indian majority act, 9 of .

section 12. of the indian contract act : a person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. a person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. a person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. illustrations a a patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals. b a sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.

section 17. of the indian contract act : fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1 , with intent to deceive another party thereto of his agent, or to induce him to enter into the contract: 1 the suggestion, as a fact, of that which is not true, by one who does not believe it to be true 2 the active concealment of a fact by one having knowledge or belief of the fact 3 a promise made without any intention of performing it 4 any other act fitted to deceive 5 any such act or omission as the law specially declares to be fraudulent. explanation.mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2 , or unless his silence is, in itself, equivalent to speech. illustrations a a sells, by auction, to b, a horse which a knows to be unsound. a says nothing to b about the horses unsoundness. this is not fraud in a. b b is as daughter and has just come of age. here, the relation between the parties would make it as duty to tell b if the horse is unsound. c b says to aif you do not deny it, i shall assume that the horse is sound. a says nothing. here, as silence is equivalent to speech. d a and b, being traders, enter upon a contract. a has private information of a change in prices which would affect bs willingness to proceed with the contract. a is not bound to inform b. 1. cf. s. 238, infra. 2. see s. 143, infra.

section 13. of the indian contract act : two or more persons are said to consent when they agree upon the same thing in the same sense.

section 14. of the indian contract act : consent is said to be free when it is not caused by 1 coercion, as defined in section 15, or 2 undue influence, as defined in section 16, or 3 fraud, as defined in section 17, or 4 misrepresentation, as defined in section 18, or 5 mistake, subject to the provisions of sections 20, 21 and 22. consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

section 15. of the indian contract act : coercion is the committing, or threatening to commit, any act forbidden by the indian penal code 45 of or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. explanation.it is immaterial whether the indian penal code 45 of is or is not in force in the place where the coercion is employed. illustration a, on board an english ship on the high seas, causes b to enter into an agreement by an act amounting to criminal intimidation under the indian penal code. 45 of . a afterwards sues b for breach of contract at calcutta. a has employed coercion, although his act is not an offence by the law of england, and although section 506 of the indian penal code 45 of was not in force at the time when or place where the act was done.

section 19a. of the indian contract act : 119a. power to set aside contract induced by undue influence. when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the court may seem just. illustrations a as son has forged bs name to a promissory note. b under threat of prosecuting as son, obtains a bond from a for the amount of the forged note. if b sues on this bond, the court may set the bond aside. b a, a moneylender, advances rs. 100 to b, an agriculturist, and, by undue influence, induces b to execute a bond for rs. 200 with interest at 6 per cent. per month. the court may set the bond aside, ordering b to repay the rs. 100 with such interest as may seem just. 1. ins. by act 6 of , s. 3.

section 18. of the indian contract act : misrepresentation means and includes 1 the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true 2 any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him by misleading another to his prejudice, or to the prejudice of any one claiming under him 3 causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

section 23. of the indian contract act : the consideration or object of an agreement is lawful, unless it is forbidden by law1 or is of such a nature that, if permitted, it would defeat the provisions of any law or is fraudulent or involves or implies, injury to the person or property of another or the court regards it as immoral, or opposed to public policy. in each of these cases, the consideration or object of an agreement is said to be unlawful. every agreement of which the object or consideration is unlawful is void. illustrations a a agrees to sell his house to b for 10,000 rupees. here bs promise to pay the sum of 10,000 rupees is the consideration for as promise to sell the house, and as promise to sell the house is the consideration for bs promise to pay the 10,000 rupees. these are lawful considerations. b a promises to pay b 1,000 rupees at the end of six months, if c, who owes that sum to b, fails to pay it. b promises to grant time to c accordingly. here, the promise of each party is the consideration for the promise of the other party, and they are lawful considerations. c a promises, for a certain sum paid to him by b, to make good to b the value of his ship if it is wrecked on a certain voyage. here, as promise is the consideration for bs payment and bs payment is the consideration for as promise, and these are lawful considerations. d a promises to maintain bs child, and b promises to pay a 1,000 rupees yearly for the purpose. here, the promise of each party is the consideration for the promise of the other party. they are lawful considerations. e a, b and c enter into an agreement for the division among them of gains acquired or to be acquired, by them by fraud. the agreement is void, as its object is unlawful. f a promises to obtain for b an employment in the public service and b promises to pay 1,000 rupees to a. the agreement is void, as the consideration for it is unlawful. g a, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for b a lease of land belonging to his principal. the agreement between a and b is void. as it implies a fraud by concealment, by a, on his principal. h a promises b to drop a prosecution which he has instituted against b for robbery, and b promises to restore the value of the things taken. the agreement is void, as its object is unlawful. i as estate is sold for arrears of revenue under the provisions of an act of the legislature, by which the defaulter is prohibited from purchasing the estate. b, upon an understanding with a, becomes the purchaser, and agrees to convey the estate to a upon receiving from him the price which b has paid. the agreement is void, as it renders the transaction, in effect, a purchase by the defaulter, and would so defeat the object of the law. j a, who is bs mukhtar, promises to exercise his influence, as such, with b in favour of c, and c promises to pay 1,000 rupees to a. the agreement is void, because it is immoral. k a agrees to let her daughter to hire to b for concubinage. the agreement is void, because it is immoral, though the letting may not be punishable under the indian penal code 45 of . 1. see ss. 26, 27, 28 and 30, infra.

section 19. of the indian contract act : when consent to an agreement is caused by coercion, 1 fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. a party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true. exception.if such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence. explanation.a fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable. illustrations a a, intending to deceive b, falsely represents that five hundred maunds of indigo are made annually at as factory, and thereby induces b to buy the factory. the contract is voidable at the option of b. b a, by a misrepresentation, leads b erroneously to believe that, five hundred maunds of indigo are made annually at as factory. b examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. after this b buys the factory. the contract is not voidable on account of as misrepresentation. c a fraudulently informs b that as estate is free from incumbrance. b thereupon buys the estate. the estate is subject to a mortgage. b may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed. d b, having discovered a vein of ore on the estate of a, adopts means to conceal, and does conceal, the existence of the ore from a. through as ignorance b is enabled to buy the estate at an undervalue. the contract is voidable at the option of a. e a is entitled to succeed to an estate at the death of b, b dies: c, having received intelligence of bs death, prevents the intelligence reaching a, and thus induces a to sell him his interest in the estate. the sale is voidable at the option of a. 1. the words undue influence rep. by act 6 of , s. 3.

section 20. of the indian contract act : where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. explanation.an erroneous opinion as to the value of the thing which forms the subjectmatter of the agreement, is not to be deemed a mistake as to a matter of fact. illustrations a a agrees to sell to b a specific cargo of goods supposed to be on its way from england to bombay. it turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. neither party was aware of the these facts. the agreement is void. b a agrees to buy from b a certain horse. it turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. the agreement is void. c a, being entitled to an estate for the life of b, agrees to sell it to c. b was dead at the time of the agreement, but both parties were ignorant of the fact. the agreement is void.

section 21. of the indian contract act : a contract is not voidable because it was caused by a mistake as to any law in force in 1 india but a mistake as to a law not in force in 1 india has the same effect as a mistake of fact. 2 illustration a and b make a contract grounded on the erroneous belief that a particular debt is barred by the indian law of limitation the contract is not voidable. 3 1. the original words british india have successively been amended by the a.o. and the a.o. to read as above. 2. paragraph 2, ins. by the a.o. , and as amended by the a. o. was rep. by the a. o. . 3. the second illustration to s. 21 rep. by act 24 of , s. 3 and the second schedule.

section 26. of the indian contract act : every agreement in restraint of the marriage of any person, other than a minor, is void.

section 22. of the indian contract act : a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.

section 24. of the indian contract act : if any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. illustration a promises to superintend, on behalf of b, a legal manufacture of indigo, and an illegal traffic in other articles. b promises to pay to a a salary of 10,000 rupees a year. the agreement is void, the object of as promise, and the consideration for bs promise, being in part unlawful.

section 25. of the indian contract act : an agreement made without consideration is void, unless 1 it is expressed in writing and registered under the law for the time being in force for the registration of 1documents, and is made on account of natural love and affection between parties standing in a near relation to each other or unless 2 it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do or unless 3 it is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. in any of these cases, such an agreement is a contract. explanation 1.nothing in this section shall affect the validity, as between the donor and donee, of any gift actually made. explanation 2.an agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate but the inadequacy of the consideration may be taken into account by the court in determining the question whether the consent of the promisor was freely given. illustrations a a promises, for no consideration, to give to b rs. 1,000. this is a void agreement. b a, for natural love and affection, promises to give his son, b, rs. 1,000. a puts his promise to b into writing and registers it. this is a contract. c a finds bs purse and gives it to him. b promises to give a rs. 50. this is a contract. d a supports bs infant son. b promises to pay as expenses in so doing. this is a contract. e a owes b rs. 1,000, but the debt is barred by the limitation act. a signs a written promise to pay b rs. 500 on account of the debt. this is a contract. f a agrees to sell a horse worth rs. 1,000 for rs. 10. as consent to the agreement was freely given. the agreement is a contract notwithstanding the inadequacy of the consideration. g a agrees to sell a horse worth rs. 1,000 for rs. 10. a denies that his consent to the agreement was freely given. the inadequacy of the consideration is a fact which the court should take into account in considering whether or not as consent was freely given 1. subs. by act 12 of , s. 2 and the second schedule, pt. i, for assurances.

section 28. of the indian contract act : 1 every agreement, a by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights or b which extinguishes the rights of any party thereto, or discharges any party thereto, from any liability, under or in respect of any contract on the expiry of a specified period so as to restrict any party from enforcing his rights, is void to the extent. exception 1.saving of contract to refer to arbitration dispute that may arise.this section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in respect of any subject or class of subjects shall be referred to arbitration, and that only the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred. 2 exception 2.saving of contract to refer questions that have already arisen.nor shall this section render illegal any contract in writing, by which two or more persons agree to refer to arbitration any question between them which has already arisen, or affect any provision of any law in force for the time being as to references to arbitration3. 4 exception 3.saving of a guarantee agreement of a bank or a financial institution.this section shall not render illegal a contract in writing by which any bank or financial institution stipulate a term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the expiry of a specified period which is not less than one year from the date of occurring or nonoccurring of a specified event for extinguishment or discharge of such party from the said liability. explanation.i in exception 3, the expression bank means a a banking company as defined in clause c of section 5 of the banking regulation act, 10 of b a corresponding new bank as defined in clause da of section 5 of the banking regulation act, 10 of c state bank of india constituted under section 3 of the state bank of india act, 23 of d a subsidiary bank as defined in clause k of section 2 of the state bank of india subsidiary banks act, 38 of e a regional rural bank established under section 3 of the regional rural banks act, 21 of f a cooperative bank as defrined in clause cci of section 5 of the banking regulation act, 10 of g a multistate cooperative bank as defined in clause cciiia of section 5 of the banking regulation act, 10 of and ii in exception 3, the expression a financial institution means any public financial institution within the meaning of section 4a of the companies act, 1 of . 1. subs. by act 1 of , s. 2, for certain words w.e.f. . 2. the second clause of exception 1 to section 28 rep. by act 1 of , s. 2 and sch. 3. cf. the arbitration act, 10 of and the companies act, 1 of , s. 389. 4. ins. by act 4 of , s. 17 and the sch. w.e.f. .

section 27. of the indian contract act : every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. exception 1.saving of agreement not to carry on business of which goodwill is sold.one who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits, so long as the buyer, or any person deriving title to the goodwill from him, carries on a like business therein, provided that such limits appear to the court reasonable, regard being had to the nature of the business. 1 . 1. exceptions 2 and 3 rep. by act 9 of , s. 73 and the second schedule.

section 29. of the indian contract act : agreements, the meaning of which is not certain, or capable of being made certain, are void. illustrations a a agrees to sell to b a hundred tons of oil. there is nothing whatever to show what kind of oil was intended. the agreement is void for uncertainty. b a agrees to sell to b one hundred tons of oil of a specified description, known as an article of commerce. there is no uncertainty here to make the agreement void. c a, who is a dealer in cocoanutoil only, agrees to sell to b one hundred tons of oil. the nature of as trade affords an indication of the meaning of the words, and a has entered into a contract for the sale of one hundred tons of cocoanutoil. d a agrees to sell to b all the grain in my granary at ramnagar. there is no uncertainty here to make the agreement void. e a agrees to sell b one thousand maunds of rice at a price to be fixed by c. as the price is capable of being made certain, there is no uncertainty here to make the agreement void. f a agrees to sell to b my white horse for rupees five hundred or rupees one thousand. there is nothing to show which of the two prices was to be given. the agreement is void.

section 34. of the indian contract act : if the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. illustration a agrees to pay b a sum of money if b marries c. c marries d. the marriage of b to c must now be considered impossible, although it is possible that d may die and that c may afterwards marry b.

section 30. of the indian contract act : agreements by way of wager are void and no suit shall be brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made. exception in favour of certain prizes for horseracing.this section shall not be deemed to render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered into for or toward any plate, prize or sum of money, of the value or amount of five hundred rupees or upwards, to be awarded to the winner or winners of any horserace. section 294a of the indian penal code not affected.nothing in this section shall be deemed to legalize any transaction connected with horseracing, to which the provisions of section 294a of the indian penal code 45 of apply.

section 31. of the indian contract act : a contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. illustration a contracts to pay b rs. 10,000 if bs house is burnt. this is a contingent contract.

section 32. of the indian contract act : contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. if the event becomes impossible, such contracts become void. illustrations a a makes a contract with b to buy bs horse if a survives c. this contract cannot be enforced by law unless and until c dies in as lifetime. b a makes a contract with b to sell a horse to b at a specified price, if c, to whom the horse has been offered, refuses to buy him. the contract cannot be enforced by law unless and until c refuses to buy the horse. c a contracts to pay b a sum of money when b marries c. c dies without being married to b. the contract becomes void.

section 33. of the indian contract act : contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible, and not before. illustration a agrees to pay b a sum of money if a certain ship does not return. the ship is sunk. the contract can be enforced when the ship sinks.

section 36. of the indian contract act : contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made. illustrations a a agrees to pay b 1,000 rupees if two straight lines should enclose a space. the agreement is void. b a agrees to pay b 1,000 rupees if b will marry as daughter c. c was dead at the time of the agreement. the agreement is void.

section 35. when contracts may be enforced, which are contingent on specified event not happening within fixed time. of the indian contract act : contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. when contracts may be enforced, which are contingent on specified event not happening within fixed time.contingent contracts to do or not to do anything, if a specified uncertain event does not happen within a fixed time may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen. illustrations a a promises to pay b a sum of money if a certain ship returns within a year. the contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year. b a promises to pay b a sum of money if a certain ship does not return within a year. the contract may be enforced if the ship does not return within the year, or is burnt within the year.

section 37. of the indian contract act : the parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this act, or of any other law. promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract. illustrations a a promises to deliver goods to b on a certain day on payment of rs. 1,000. a dies before that day. as representatives are bound to deliver the goods to b, and b is bound to pay the rs. 1,000 to as representatives. b a promises to paint a picture for b by a certain day, at a certain price. a dies before the day. the contract cannot be enforced either by as representatives or by b.

section 38. of the indian contract act : where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for nonperformance, nor does he thereby lose his rights under the contract. every such offer must fulfil the following conditions: 1 it must be unconditional 2 it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what he is bound by his promise to do 3 if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. an offer to one of several joint promisees has the same legal consequences as an offer to all of them. illustration a contracts to deliver to b at his warehouse, on the 1st march, , 100 bales of cotton of a particular quality. in order to make an offer of a performance with the effect stated in this section, a must bring the cotton to bs warehouse, on the appointed day, under such circumstances that b may have a reasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for, and that there are 100 bales.

section 39. of the indian contract act : when a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. illustrations a a, a singer, enters into a contract with b, the manager of a theatre, to sing at his theatre two nights in every week during the next two months, and b engages to pay her 100 rupees for each nights performance. on the sixth night a wilfully absents herself from the theatre. b is at liberty to put an end to the contract. b a, a singer, enters into a contract with b, the manager of a theatre, to sing at his theatre two night in every week during the next two months, and b engages to pay her at the rate of 100 rupees for each night. on the sixth night, a wilfully absents herself. with the assent of b, a sings on the seventh night. b has signified his acquiescence in the continuance of the contract, and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through as failure to sing on the sixth night.

section 40. of the indian contract act : if it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. in other cases, the promisor or his representatives may employ a competent person to perform it. illustrations a a promises to pay b a sum of money. a may perform this promise, either by personally paying the money to b or by causing it to be paid to b by another and, if a dies before the time appointed for payment, his representatives must perform the promise, or employ some proper person to do so. b a promises to paint a picture for b. a must perform this promise personally.

section 42. of the indian contract act : when two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise.

section 41. of the indian contract act : when a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.

section 43. of the indian contract act : when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any 1 one or more of such joint promisors to perform the whole of the promise. each promisor may compel contribution.each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract. sharing of loss by default in contribution.if any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares. explanation.nothing in this section shall prevent a surety from recovering from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal. illustrations a a, b and c jointly promise to pay d 3,000 rupees. d may compel either a or b or c to pay him 3,000 rupees. b a, b and c jointly promise to pay d the sum of 3,000 rupees. c is compelled to pay the whole. a is insolvent, but his assets are sufficient to pay onehalf of his debts. c is entitled to receive 500 rupees from as estate, and 1,250 rupees from b. c a, b and c are under a joint promise to pay d 3,000 rupees. c is unable to pay anything, and a is compelled to pay the whole. a is entitled to receive 1,500 rupees from b. d a, b and c are under a joint promise to pay d 3,000 rupees, a and b being only sureties for c. c fails to pay. a and b are compelled to pay the whole sum. they are entitled to recover it from c. 1. subs. by act 12 of , s. 2 and the second schedule, pt. i, for one.

section 46. of the indian contract act : where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time. explanation.the question what is a reasonable time is, in each particular case, a question of fact.

section 44. of the indian contract act : where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.1 1. see s. 138, infra.

section 45. of the indian contract act : when a person has made a promise to two or more persons jointly, then, unless a contrary intention appears from the contract, the right to claim performance rests, as between him and them, with them during their joint lives, and, after the death of any of them, with the representative of such deceased person jointly with the survivor or survivors, and, after the death of the last survivor, with the representatives of all jointly.1 illustration a, in consideration of 5,000 rupees, lent to him by b and c, promises b and c jointly to repay them that sum with interest on a day specified. b dies. the right to claim performance rests with bs representative jointly with c during cs life, and after the death of c with the representatives of b and c jointly. 1. for an exception to s. 45 in case of government securities, see the public debt act, 18 of . s. 8.

section 51. of the indian contract act : when a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. illustrations a a and b contract that a shall deliver goods to b to be paid for by b on delivery. a need not deliver the goods, unless b is ready and willing to pay for the goods on delivery. b need not pay for the goods, unless a is ready and willing to deliver them on payment. b a and b contract that a shall deliver goods to b at a price to be paid by instalments, the first instalment to be paid on delivery. a need not deliver, unless b is ready and willing to pay the first instalment on delivery. b need not pay the first instalment, unless a is ready and willing to deliver the goods on payment of the first instalment.

section 47.time and place for performance of promise of the indian contract act : when a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. illustration a promises to deliver goods at bs warehouse on the first january. on that day a brings the goods to bs warehouse, but after the usual hour for closing it, and they are not received. a has not performed his promise.

section 48. of the indian contract act : when a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the, promisee to apply for performance at a proper place and within the usual hours of business. explanation.the question what is a proper time and place is, in each particular case, a question of fact.

section 49. of the indian contract act : when a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place. illustration a undertakes to deliver a thousand maunds of jute to b on a fixed day. a must apply to b to appoint a reasonable place for the purpose of receiving it, and must deliver it to him at such place.

section 54. of the indian contract act : when a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the nonperformance of the contract. illustrations a a hires bs ship to take in and convey, from calcutta to the mauritius, a cargo to be provided by a, b receiving a certain freight for its conveyance. a does not provide any cargo for the ship. a cannot claim the performance of bs promise, and must make compensation to b for the loss which b sustains by the nonperformance of the contract. b a contracts with b to execute certain builders work for a fixed price, b supplying the scaffolding and timber necessary for the work. b refuses to furnish any scaffolding or timber, and the work cannot be executed. a need not execute the work, and b is bound to make compensation to a for any loss caused to him by the nonperformance of the contract. c a contracts with b to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and b engages to pay for the merchandise within a week from the date of the contract. b does not pay within the week. as promise to deliver need not be performed, and b must make compensation. d a promises b to sell him one hundred bales of merchandise, to be delivered next day, and b promises a to pay for them within a month. a does not deliver according to his promise. bs promise to pay need not be performed, and a must make compensation.

section 50. of the indian contract act : the performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions. illustrations a b owes a 2,000 rupees. a desires b to pay the amount to as account with c, a banker. b, who also banks with c, orders the amount to be transferred from his account to as credit, and this is done by c. afterwards, and before a knows of the transfer, c fails. there has been a good payment by b. b a and b are mutually indebted. a and b settle an account by setting off one item against another, and b pays a the balance found to be due from him upon such settlement. this amounts to a payment by a and b, respectively, of the sums which they owed to each other. c a owes b 2,000 rupees. b accepts some of as goods in reduction of the debt. the delivery of goods operates as a part payment. d a desires b, who owes him rs. 100, to send him a note for rs. 100 by post. the debt is discharged as soon as b puts into the post a letter containing the note duly addressed to a.

section 52. of the indian contract act : where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires. illustrations a a and b contract that a shall build a house for b at a fixed price. as promise to build the house must be performed before bs promise to pay for it. b a and b contract that a shall make over his stockintrade to b at a fixed price, and b promises to give security for the payment of the money. as promise need not be performed until the security is given, for the nature of the transaction requires that a should have security before he delivers up his stock.

section 53. of the indian contract act : when a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented and he is entitled to compensation from the other party for any loss which he may sustain in consequence of the nonperformance of the contract. illustration a and b contract that b shall execute certain work for a for a thousand rupees. b is ready and willing to execute the work accordingly, but a prevents him from doing so. the contract is voidable at the option of b and, if he elects to rescind it, he is entitled to recover from a compensation for any loss which he has incurred by its nonperformance. 1. see s. 73, infra.

section 55. of the indian contract act : when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract. effect of such failure when time is not essential.if it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. effect of acceptance of performance at time other than that agreed upon.if, in case of a contract voidable on account of the promisors failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the nonperformance of the promise at the time agreed, unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.1 state amendment uttar pradesh. amendment of section 55.in section 55 of the principal act, in the third paragraph, for the words unless at the time of such acceptance he gives notice to the promiser of his intention to do so, the words where at the time of such acceptance he has waived his right to do so shall be substituted. vide uttar pradesh 57 of , s. 26 1. c.f. ss. 62 and 63, infra.

section 56. of the indian contract act : an agreement to do an act impossible in itself is void. contract to do an act afterwards becoming impossible or unlawful.a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.1 compensation for loss through nonperformance of act known to be impossible or unlawful.where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know, to be impossible or unlawful, such promisor must make compensation to such promisee for any loss which such promisee sustains through the nonperformance of the promise. illustrations a a agrees with b to discover treasure by magic. the agreement is void: b a and b contract to marry each other. before the time fixed for the marriage,. a goes mad. the contract becomes void. c a contracts to marry b, being already married to c, and being forbidden by the law to which he is subject to practise polygamy, a must make compensation to b for the loss caused to her by the nonperformance of his promise. d a contracts to take in cargo for b at a foreign port. as government afterwards declares war against the country in which the port is situated. the contract becomes void when war is declared. e a contracts to act at a theatre for six months in consideration of a sum paid in advance by b. on several occasions a is too ill to act. the contract to act on those occasions becomes void. 1. see s. 65, infra.

section 57. of the indian contract act : where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement. illustration a and b agree that a shall sell b a house for 10,000 rupees, but that, if b uses it as a gambling house, he shall pay a 50,000 rupees for it. the first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract. the second set is for an unlawful object, namely, that b may use the house as a gambling house, and is a void agreement.

section 58. of the indian contract act : in the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. illustration a and b agree that a shall pay b 1,000 rupees, for which b shall afterwards deliver to a either rice or smuggled opium. this is a valid contract to deliver rice, and a void agreement as to the opium.

section 59. of the indian contract act : where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying, that the payment is to be applied to the discharge of some particular debt, the payment, if accepted, must be applied accordingly. illustrations a a owes b, among other debts, 1,000 rupees upon a promissory note which falls due on the first june. he owes b no other debt of that amount. on the first june, a pays to b 1,000 rupees. the payment is to be applied to the discharge of the promissory note. b a owes to b, among other debts, the sum of 567 rupees. b writes to a and demands payment of this sum. a sends to b 567 rupees. this payment is to be applied to the discharge of the debt of which b had demanded payment.

section 60. of the indian contract act : where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suits.

section 63. of the indian contract act : every promisee may dispense with or remit, wholly or in part, the performance of the promisee made to him, or may extend the time for such performance1 , or may accept instead of it any satisfaction which he thinks fit. illustrations a a promises to paint a picture for b. b afterwards forbids him to do so. a is no longer bound to perform the promise. b a owes b 5,000 rupees. a pays to b, and b accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time and place at which the 5,000 rupees were payable. the whole debt is discharged. c a owes b 5,000 rupees. c pays to b 1,000 rupees, and b accepts them, in satisfaction of his claim on a. this payment is a discharge of the whole claim2 . d a owes b, under. a contract, a sum of money, the amount of which has not been ascertained. a, without ascertaining the amount, gives to b, and b, in satisfaction thereof, accepts, the sum of 2,000 rupees. this is a discharge of the whole debt, whatever may be its amount. e a owes b 2,000 rupees, and is also indebted to other creditors. a makes an arrangement with his creditors, including b, to pay them a 3 composition of eight annas in the rupee upon their respective demands. payment to b of 1,000 rupees is a discharge of bs demand. 1. but see s. 135, infra. 2. see s. 41, supra. 3. subs. by act 12 of , s. 2 and the second schedule, pt. i, for compensation.

section 65. of the indian contract act : when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it. illustrations a a pays b 1,000 rupees, in consideration of bs promising to marry c, as daughter. c is dead at the time of the promise. the agreement is void, but b must repay a the 1,000 rupees. b a contracts with b to deliver to him 250 maunds of rice before the first of may. a delivers 130 maunds only before that day, and none after. b retains the 130 maunds after the first of may. he is bound to pay a for them. c a, a singer, contracts with b, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and b engages to pay her a hundred rupees for each nights performance. on the sixth night, a wilfully absents herself from the theatre, and b, in consequence, rescinds the contract. b must pay a for the five nights on which she had sung. d a contracts to sing for b at a concert for 1,000 rupees, which are paid in advance. a is too ill to sing. a is not bound to make compensation to b for the loss of the profits which b would have made if a had been able to sing, but must refund to b the 1,000 rupees paid in advance.

section 61. of the indian contract act : where neither party makes any appropriation, the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. if the debts are of equal standing, the payment shall be applied in discharge of each proportionally.

section 62. of the indian contract act : if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract, need not be performed. illustrations a a owes money to b under a contract. it is agreed between a, b and c, that b shall thenceforth accept c as his debtor, instead of a. the old debt of a to b is at an end, and a new debt from c to b has been contracted. b a owes b 10,000 rupees. a enters into an arrangement with b, and gives b a mortgage of his as estate for 5,000 rupees in place of the debt of 10,000 rupees. this is a new contract and extinguishes the old. c a owes b 1,000 rupees under a contract. b owes c 1,000 rupees, b orders a to credit c with 1,000 rupees in his books, but c does not assent to the arrangement. b still owes c 1,000 rupees, and no new contract has been entered into.

section 64. of the indian contract act : when a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. the party rescinding avoidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.1 1. see s. 75, infra.

section 66. of the indian contract act : the rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal1 . 1. see ss. 3 and 5, supra.

section 67. of the indian contract act : if any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any nonperformance caused thereby. illustration a contracts with b to repair bs house. b neglects or refuses to point out to a the places in which his house requires repair. a is excused for the nonperformance of the contract if it is caused by such neglect or refusal.

section 73. of the indian contract act : when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. compensation for failure to discharge obligation resembling those created by contract.when an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. explanation.in estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the nonperformance of the contract must be taken into account. illustrations a a contracts to sell and deliver 50 maunds of saltpetre to b, at a certain price to be paid on delivery. a breaks his promise. b is entitled to receive from a, by way of compensation, the sum, if any, by which the contract price falls short of the price for which b might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered. b a hires bs ship to go to bombay, and there take on board, on the first of january, a cargo, which a is to provide, and to bring it to calcutta, the freight to be paid when earned. bs ship does not go to bombay, but a has opportunities of procuring suitable conveyance for the cargo upon terms as advantageous as those on which he had chartered the ship. a avails himself of those opportunities, but is put to trouble and expense in doing so. a is entitled to receive compensation from b in respect of such trouble and expense. c a contracts to buy of b, at a stated price, 50 maunds of rice, no time being fixed for delivery. a afterwards informs b that he will not accept the rice if tendered to him. b is entitled to receive from a, by way of compensation, the amount, if any, by which the contract price exceeds that which b can obtain for the rice at the time when a informs b that he will not accept it. d a contracts to buy bs ship for 60,000 rupees, but breaks his promise. a must pay to b, by way of compensation, the excess, if any, of the contract price over the price which b can obtain for the ship at the time of the breach of promise. e a, the owner of a boat, contracts with b to take a cargo of jute to mirzapur, for sale at that place, starting on a specified day. the boat, owing to some avoidable cause, does not start at the time appointed, whereby the arrival of the cargo at mirzapur is delayed beyond the time when it would have arrived if the boat had sailed according to the contract. after that date, and before the arrival of the cargo, the price of jute falls. the measure of the compensation payable to b by a is the difference between the price which b could have obtained for the cargo at mirzapur at the time when it would have arrived if forwarded in due course, and its market price at the time when it actually arrived. f a contracts to repair bs house in a certain manner, and receives payment in advance. a repairs the house, but not according to contract. b is entitled to recover from a the cost of making the repairs conform to the contract. g a contracts to let his ship to b for a year, from the first of january, for a certain price. freights rise, and, on the first of january, the hire obtainable for the ship is higher than the contract price. a breaks his promise. he must pay to b, by way of compensation, a sum equal to the difference between the contract price and the price for which b could hire a similar ship for a year on and from the first of january. h a contracts to supply b with a certain quantity of iron at a fixed price, being a higher price than that for which a could procure and deliver the iron. b wrongfully refuses to receive the iron. b must pay to a, by way of compensation, the difference between the contract price of the iron and the sum for which a could have obtained and delivered it. i a delivers to b, a common carrier, a machine, to be conveyed, without delay, to as mill, informing b that his mill is stopped for want of the machine. b unreasonably delays the delivery of the machine, and a, in consequence, loses a profitable contract with the government. a is entitled to receive from b, by way of compensation, the average amount of profit which would have been made by the working of the mill during the time that delivery of it was delayed, but not the loss sustained through the loss of the government contract. j a, having contracted with b to supply b with 1,000 tons of iron at 100 rupees a ton, to be delivered at a stated time, contracts with c for the purchase of 1,000 tons of iron at 80 rupees a ton, telling c that he does so for the purpose of performing his contract with b. c fails to perform his contract with a, who cannot procure other iron, and b, in consequence, rescinds the contract. c must pay to a 20,000 rupees, being the profit which a would have made by the performance of his contract with b. k a contracts with b to make and deliver to b, by a fixed day, for a specified price, a certain piece of machinery. a does not deliver the piece of machinery at the time specified, and in consequence of this, b is obliged to procure another at a higher piece than that which he was to have paid to a, and is prevented from performing a contract which b had made with a third person at the time of his contract with a but which had not been then communicated to a, and is compelled to make compensation for breach of that contract. a must pay to b, by way of compensation, the difference between the contract price of the price of machinery and the sum paid by b for another, but not the sum paid by b to the third person by way of compensation. l a, a builder, contracts to erect and finish a house by the first of january, in order that b may give possession of it at that time to c, to whom b has contracted to let it. a is informed of the contract between b and c. a builds the house so badly that, before the first of january, it falls down and has to be rebuilt by b, who, in consequence, loses the rent which he was to have received from c, and is obliged to make compensation to c for the breach of his contract. a must make compensation to b for the cost of rebuilding the house, for the rent lost, and for the compensation made to c. m a sells certain merchandise to b, warranting it to be of a particular quality, and b, in reliance upon this warranty, sells it to c with a similar warranty. the goods prove to be not according to the warranty, and b becomes liable to pay c a sum of money by way of compensation. b is entitled to be reimbursed this sum by a. n a contracts to pay a sum of money to b on a day specified. a does not pay the money on that day, b, in consequence of not receiving the money on that day, is unable to pay his debts, and is totally ruined. a is not liable to make good to b anything except the principal sum he contracted to pay, together with interest up to the day of payment. o a contracts to deliver 50 maunds of saltpetre to b on the first of january, at a certain price. b afterwards, before the first of january, contracts to sell the saltpetre to c at a price higher than the market price of the first of january. a breaks his promise. in estimating the compensation payable by a to b, the market price of the first of january, and not the profit which would have arisen to b from the sale to c, is to be taken into account. p a contracts to sell and deliver 500 bales of cotton to b on a fixed day. a knows nothing of bs mode of conducting his business. a breaks his promise, and b, having no cotton, is obliged to close his mill. a is not responsible to b for the loss caused to b by the closing of the mill. q a contracts to sell and deliver to b, on the first of january, certain cloth which b intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. the cloth is not delivered till after the appointed time, and too late to be used that year in making caps. b is entitled to receive from a, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making preparation for the manufacture. r a, a shipowner, contracts with b to convey him from calcutta to sydney in as ship, sailing on the first of january, and b pays to a, by way of deposit, onehalf of his passagemoney. the ship does not sail on the first of january, and b, after being in consequence detained in calcutta for some time and thereby put to some expense, proceeds to sydney in another vessel, and, in consequence, arriving too late in sydney, loses a sum of money. a is liable to repay to b his deposit, with interest, and the expense to which he is put by his detention in calcutta, and the excess, if any, of the passagemoney paid for the second ship over that agreed upon for the first, but not the sum of money which b lost by arriving in sydney too late.

section 68. of the indian contract act : if a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.1 illustrations a a supplies b, a lunatic, with necessaries suitable to his condition in life. a is entitled to be reimbursed from bs property. b a supplies the wife and children of b, a lunatic, with necessaries suitable to their condition in life. a is entitled to be reimbursed from bs property 1. the property of a government ward in madhya pradeshis not liable under this section, see the c.p. court of wards act, 24 of , s. 311.

section 70. of the indian contract act : where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered1 . illustrations a a, a tradesman, leaves goods at bs house by mistake. b treats the goods as his own. he is bound to pay a for them. b a saves bs property from fire. a is not entitled to compensation from b, if the circumstances show that he intended to act gratuitously. 1. as to suits by minors under s. 70 in presidency small cause courts, see the presidency small cause courts act, 15 of , s. 32.

section 69. of the indian contract act : a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. illustration b holds land in bengal, on a lease granted by a, the zamindar. the revenue payable by a to the government being in arrear, his land is advertised for sale by the government. under the revenue law, the consequence of such sale will be the annulment of bs lease. b, to prevent the sale and the consequent annulment of his own lease, pays to the government the sum due from a. a is bound to make good to b the amount so paid.

section 71. of the indian contract act : a person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee1 . 1. see ss. 151 and 152, infra.

section 75. of the indian contract act : a person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the nonfulfilment of the contract. illustration a, a singer, contracts with b, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and b engages to pay her 100 rupees for each nights performance. on the sixth night, a wilfully absents herself from the theatre, and b, in consequence, rescinds the contract. b is entitled to claim compensation for the damage which he has sustained through the nonfulfilment of the contract

section 72. of the indian contract act : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. illustrations a a and b jointly owe 100 rupees to c, a alone pays the amount to c, and b, not knowing this fact, pays 100 rupees over again to c. c is bound to repay the amount to b. b a railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for carriage. the consignee pays the sum charged in order to obtain the goods. he is entitled to recover so much of the charge as was illegally excessive.

section 74. of the indian contract act : 1when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. explanation. a stipulation for increased interest from the date of default may be a stipulation by way of penalty. exception. when any person enters into any bailbond, recognizance or other instrument of the same nature, or, under the provisions of any law, or under the orders of the 2 central government or of any 3state government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein. explanation. a person who enters into a contract with government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested. illustrations a a contracts with b to pay b rs. 1,000, if he fails to pay b rs. 500 on a given day. a fails to pay b rs. 500 on that day. b is entitled to recover from a such compensation, not exceeding rs. 1,000, as the court considers reasonable. b a contracts with b that, if a practises as a surgeon within calcutta, he will pay b rs. 5,000. a practises as a surgeon in calcutta. b is entitled to such compensation not exceeding rs. 5,000, as the court considers reasonable. c a gives a recognizance binding him in a penalty of rs. 500 to appear in court on a certain day. he forfeits his recognizance. he is liable to pay the whole penalty. 4 d a gives b a bond for the repayment of rs. 1,000 with interest at 12 per cent. at the end of six months, with a stipulation that, in case of default, interest shall be payable at the rate of 75 per cent. from the date of default. this is a stipulation by way of penalty, and b is only entitled to recover from a such compensation as the court considers reasonable. e a, who owes money to b a moneylender, undertakes to repay him by delivering to him 10 maunds of grain on a certain date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liable to deliver 20 maunds. this is a stipulation by way of penalty, and b is only entitled to reasonable compensation in case of breach. f a undertakes to repay b a loan of rs. 1,000 by five equal monthly instalments, with a stipulation that in default of payment of any instalment, the whole shall become due. this stipulation is not by way of penalty, and the contract may be enforced according to its terms. g a borrows rs. 100 from b and gives him a bond for rs. 200 payable by five yearly instalments of rs. 40, with a stipulation that, in default of payment of any instalment, the whole shall become due. this is a stipulation by way of penalty. 1. subs. by act 6 of , s. 4, for the first paragraph of s. 74. 2. subs. by the a.o. , for government of india. 3. subs. by the a.o. , for provincial government. 4. added by act 6 of , s. 4.

section 76. of the indian contract act : goods of defined. rep. by s. 65, ibid.

section 77. of the indian contract act : sale defined. rep. by s. 65, ibid.

section 78. of the indian contract act : sale how effected. rep. by s. 65, ibid.

section 79. of the indian contract act : transfer of ownership of thing sold, which has yet to be ascertained, made or finished. rep. by s. 65, ibid.

section 83. of the indian contract act : ascertainment of goods by subsequent appropriation. rep. by s. 65, ibid.

section 80. of the indian contract act : completion of sale of goods which the seller is to put into state in which buyer is to take them. rep. by s. 65, ibid.

section 82. of the indian contract act : completion of sale, when goods are uncertained at date of contract. rep. by s. 65, ibid.

section 84. of the indian contract act : ascertainment of goods by sellers selection. rep. by s. 65, ibid.

section 81. of the indian contract act : completion of sale of goods, when seller has to do anything thereto in order to as certain price. rep. by s. 65, ibid.

section 85. of the indian contract act : transfer of ownership of moveable property, when sold together with immoveable. rep. by s. 65, ibid.

section 86. of the indian contract act : buyer to bear loss after good have become his property. rep. by s. 65, ibid

section 87. of the indian contract act : transfer of ownership of goods agreed to be sold while non existent. rep. by s. 65, ibid.

section 88. of the indian contract act : contract to sell and deliver, at a future day, goods not in sellers possession at date of contract. rep. by s. 65, ibid.

section 90. of the indian contract act : delivery how made. rep. by s. 65, ibid.

section 95. of the indian contract act : sellers lien. rep. by s. 65, ibid.

section 89. of the indian contract act : determination of price not fixed by contract. rep. by s. 65, ibid.

section 96. of the indian contract act : lien where payment to be made at a future day, but no time fixed for delivery. rep. by s. 65, ibid.

section 92. of the indian contract act : effect of partdelivery. rep. by s. 65, ibid.

section 93. of the indian contract act : seller not bound to deliver until buyer applies for delivery. rep. by s. 65, ibid.

section 91. of the indian contract act : effect of delivery to wharfinger or carrier. rep. by s. 65, ibid.

section 94. of the indian contract act : place of delivery. rep.by the indian sale of goods act, 3 of , s. 65.

section 99. of the indian contract act : power of seller to stop in transit. rep. by s. 65, ibid.

section 97. of the indian contract act : sellers lien where payment to be made at future day, and buyer allows goods to remain in sellers possession. rep. by s. 65, ibid.

section 98. of the indian contract act : sellers lien against subsequent buyer. rep. by s. 65, ibid./

section 107. of the indian contract act : resale on buyers failure to perform. rep. by s. 65, ibid.

section 100. of the indian contract act : when goods are to be deemed in transit. rep. by s. 65, ibid.

section 106. of the indian contract act : right of seller on stoppage. rep. by s. 65, ibid.

section 104. of the indian contract act : stoppage how effected. rep. by s. 65, ibid.

section 102. of the indian contract act : cessation of right on assignment, by buyer, of document showing title. rep. by s. 65, ibid.

section 108. of the indian contract act : title conveyed by seller of goods to buyer. rep. by s. 65, ibid.

section 105. of the indian contract act : notice of sellers claim. rep. by s. 65, ibid.

section 110. of the indian contract act : establishment of implied warranty of goodness or quality. rep. by s. 65, ibid.

section 111. of the indian contract act : warranty of soundness implied on sale of provisions. rep. by s. 65, ibid.

section 101. of the indian contract act : continuance of right of stoppage. rep. by s. 65, ibid.

section 103. of the indian contract act : how seller may stop where instrument of title assigned to secure specific advance. rep. by s. 65, ibid.

section 109. of the indian contract act : sellers responsibility for badness of title. rep. by s. 65, ibid.

section 112. of the indian contract act : warranty of bulk implied on sale of goods by sample. rep. by s. 65, ibid.

section 113. of the indian contract act : warranty implied where goods are sold as being of a certain denomination. rep. by s. 65, ibid.

section 114. of the indian contract act : warranty where goods ordered for a specified purpose. rep. by s. 65, ibid.

section 115. of the indian contract act : warranty on sale of article of well known ascertained kind. rep. by s. 65, ibid.

section 116. of the indian contract act : seller when not responsible for latent defects. rep. by s. 65, ibid.

section 120. of the indian contract act : effect of wrongful refusal to accept. rep. by s. 65, ibid.

section 117. of the indian contract act : buyers right on breach of warranty. rep. by s. 65, ibid.

section 118. of the indian contract act : right of buyer on breach of warranty in respect of goods not ascertained. rep. by s. 65, ibid.

section 119. of the indian contract act : when buyer may refused to accept, if goods not ordered are sent with goods ordered. rep. by s. 65, ibid.

section 123. of the indian contract act : effect of use, by seller, of pretended biddings to raise price. rep. by s. 65, ibid.

section 121. of the indian contract act : right of seller as to rescission, on failure of buyer to pay price at time fixed. rep.by the indian sale of goods act, 3 of , s. 65.

section 122. of the indian contract act : sale and transfer of lots sold by auction. rep. by s. 65, ibid.

section 124.contract of indemnity defined of the indian contract act : a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of indemnity. illustration a contracts to indemnify b against the consequences of any proceedings which c may take against b in respect of a certain sum of 200 rupees. this is a contract of indemnity.

section 125. of the indian contract act : the promise in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor 1 all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies 2 all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit 3 all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.

section 126. of the indian contract act : a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who gives the guarantee is called the surety the person in respect of whose default the guarantee is given is called the principal debtor, and the person to whom the guarantee is given is called the creditor. a guarantee may be either oral or written.

section 128. of the indian contract act : the liability of the surety is co extensive with that of the principal debtor, unless it is otherwise provided by the contract. illustration a guarantees to b the payment of a bill of exchange by c, the acceptor. the bill is dishonoured by c. a is liable, not only for the amount of the bill, but also for any interest and charges which may have become due on it.

section 127. of the indian contract act : anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee. illustrations a b requests a to sell and deliver to him goods on credit. a agrees to do so, provided c will guarantee the payment of the price of the goods. c promises to guarantee the payment in consideration of as promise to deliver the goods. this is a sufficient consideration for cs promise. b a sells and delivers goods to b. c afterwards requests a to forbear to sue b for the debt for a year, and promises that, if he does so, c will pay for them in default of payment by b. a agrees to forbear as requested. this is a sufficient consideration for cs promise. c a sells and delivers goods to b. c afterwards, without consideration, agrees to pay for them in default of b. the agreement is void.

section 129. of the indian contract act : a guarantee which extends to a series of transactions, is called a continuing guarantee. illustrations a a, in consideration that b will employ c in collecting the rent of bs zamindari, promises b to be responsible, to the amount of 5,000 rupees, for the due collection and payment by c of those rents. this is a continuing guarantee. b a guarantees payment to b, a teadealer, to the amount of 100, for any tea he may from time to time supply to c. b supplies c with tea to above the value of 100, and c pays b for it. afterwards, b supplies c with tea to the value of 200. c fails to pay. the guarantee given by a was a continuing guarantee, and he is accordingly liable to b to the extent of 100. c a guarantees payment to b of the price of five sacks of flour to be delivered by b to c and to be paid for in a month. b delivers five sacks to c. c pays for them. afterwards b delivers four sacks to c, which c does riot pay for. the guarantee given by a was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.

section 133. of the indian contract act : any variance, made without the suretys consent, in the terms of the contract between the principal 1 debtor and the creditor, discharges the surety as to transactions subsequent to the variance. illustrations a a becomes surety to c for bs conduct as a manager in cs bank. afterwards, b and c contract, without as consent, that bs salary shall be raised, and that he shall become liable for onefourth of the losses on overdrafts. b allows a customer to overdraw, and the bank loses a sum of money. a is discharged from his suretyship by the variance made without his consent, and is not liable to make good this loss. b a guarantees c against the misconduct of b in an office to which b is appointed by c, and of which the duties are defined by an act of the legislature. by a subsequent act, the nature of the office is materially altered. afterwards, b misconducts himself. a is discharged by the change from future liability under his guarantee, though the misconduct of b is in respect of a duty not affected by the later act. c c agrees to appoint b as his clerk to sell goods at a yearly salary, upon as becoming surety to c for bs duly accounting for moneys received by him as such clerk. afterwards, without as knowledge or consent, c and b agree that b should be paid by a commission on the goods sold by him and not by a fixed salary. a is not liable for subsequent misconduct of b. d a gives to c a continuing guarantee to the extent of 3,000 rupees for any oil supplied by c to b on credit. afterwards b becomes embarrassed, and, without the knowledge of a, b and c contract that c shall continue to supply b with oil for ready money, and that the payments shall be applied to the then, existing debts between b and c. a is not liable on his guarantee for any goods supplied after: this new arrangement. e c contracts to lend b 5,000 rupees on the 1st march. a guarantees repayment. c pays the 5,000 rupees to b on the 1st january. a is discharged from his liability, as the contract has been varied, inasmuch as c might sue b for the money before the 1st of march. 1. ins. by act 24 of , s. 2 and the first schedule.

section 130. of the indian contract act : a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor. illustrations a a, in consideration of bs discounting, at as request, bills of exchange for c, guarantees to b, for twelve months, the due payment of all such bills to the extent of 5,000 rupees. b discounts bills for c to the extent of 2,000 rupees. afterwards, at the end of three months, a revokes the guarantee. this revocation discharges a from all liability to b for any subsequent discount. but a is liable to b for the 2,000 rupees, on default of c. b a guarantees to b, to the extent of 10,000 rupees, that c shall pay all the bills that b shall draw upon him. b draws upon c. c accepts the bill. a gives notice of revocation. c dishonours the bill at maturity. a is liable upon his guarantee.

section 131. of the indian contract act : the death of the surety operates, in the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards future transactions.

section 132. of the indian contract act : where two persons contract with a third person to undertake a certain liability, and also contract with each other that one of them shall be liable only on the default of the other, the third person not being a party to such contract, the liability of each of such two persons to the third person under the first contract is not affected by the existence of the second contract, although such third person may have been aware of its existence. illustration a and b make a joint and several promissory note to c. a makes it, in fact, as surety for b, and c knows this at the time when the note is made. the fact that a, to the knowledge of c, made the note as surety for b, is no answer to a suit by c against a upon the note.

section 134. of the indian contract act : the surety is discharged by any contract between the creditor and the principal debtor, by which the principal debtor is released, or by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor. illustrations a a gives a guarantee to c for goods to be supplied by c to b. c supplies goods to b, and afterwards b becomes embarrassed and contracts with his creditors including c to assign to them his property in consideration of their releasing him from their demands. here b is released from his debt by the contract with c, and a is discharged from his suretyship. b a contracts with b to grow a crop of indigo on as land and to deliver it to b at a fixed rate, and c guarantees as performance of this contract. b diverts a stream of water which is necessary for the irrigation of as land and thereby prevents him from raising the indigo. c is no longer liable on his guarantee. c a contracts with b for a fixed price to build a house for b within a stipulated time, b supplying the necessary timber. c guarantees as performance of the contract. b omits to supply the timber. c is discharged from his suretyship.

section 135. of the indian contract act : a contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety, unless the surety assents to such contract.

section 136. of the indian contract act : where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged. illustration c, the holder of an overdue bill of exchange drawn by a as surety for b, and accepted by b, contracts with m to give time to b. a is not discharged.

section 137. of the indian contract act : mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. illustration b owes to c a debt guaranteed by a. the debt becomes payable. c does not sue b for a year after the debt has become payable. a is not discharged from his suretyship.

section 140. of the indian contract act : where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or performance of all that he is liable for, is invested with all the rights which the creditor had against the principal debtor.

section 138. of the indian contract act : where there are cosureties, a release by the creditor of one of them does not discharge the others neither does it free the surety so released from his responsibility to the other sureties1 . 1. see s. 44, supra.

section 141. of the indian contract act : a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not and if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the value of the security. illustrations a c, advances to b, his tenant, 2,000 rupees on the guarantee of a. c has also a further security for the 2,000 rupees by a mortgage of bs furniture. c cancels the mortgage. b becomes insolvent and c sues a on his guarantee. a is discharged from liability to the amount of the value of the furniture. b c, a creditor, whose advance to b is secured by a decree, receives also a guarantee for that advance from a. c afterwards takes bs goods in execution under the decree, and then, without the knowledge of a, withdraws the execution. a is discharged. c a, as surety for b, makes a bond jointly with b to c, to secure a loan from c to b. afterwards, c obtains from b a further security for the same debt. subsequently, c gives up the further security. a is not discharged.

section 139. of the indian contract act : if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged. illustrations a b contracts to build a ship for c for a given sum, to be paid by instalments as the work reaches certain stages. a becomes surety to c for bs due performance of the contract. c, without the knowledge of a, prepays to b the last two instalments. a is discharged by this prepayment. b c lends money to b on the security of a joint and several promissory note made in cs favour by b, and by a as surety for b, together with a bill of sale of bs furniture, which gives power to c to sell the furniture, and apply the proceeds in discharge of the note. subsequently, c sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. a is discharged from liability on the note. c a puts m as apprentice to b, and gives a guarantee to b for ms fidelity. b promises on his part that he will, at least once a month, see m make up the cash. b omits to see this done as promised, and m embezzles. a is not liable to b on his guarantee.

section 144. of the indian contract act : where a person gives a guarantee upon a contract that the creditor shall not act upon it until another person has joined in it as cosurety, the guarantee is not valid if that other person does not join.

section 142. of the indian contract act : any guarantee which has been obtained by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a material part of the transaction, is invalid.

section 143. of the indian contract act : any guarantee which the creditor has obtained by means of keeping silence as to material circumstances, is invalid. illustrations a a engages b as clerk to collect money for him. b fails to account for some of his receipts, and a in consequence calls upon him to furnish security for his duly accounting. c gives his guarantee for bs duly accounting. a does not acquaint c with bs previous conduct. b afterwards makes default. the guarantee is invalid. b a guarantees to c payment for iron to be supplied by him to b to the amount of 2,000 tons. b and c have privately agreed that b should pay five rupees per ton beyond the market price, such excess to be applied in liquidation of an old debt. this agreement is concealed from a. a is not liable as a surety.

section 145. of the indian contract act : in every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever sum he has rightfully paid under the guarantee, but, no sums which he has paid wrongfully. illustrations a b is indebted to c, and a is surety for the debt. c demands payment from a, and on his refusal sues him for the amount. a defends the suit, having reasonable grounds for doing so, but is compelled to pay the amount of the debt with costs. he can recover from b the amount paid by him for costs, as well as the principal debt. b c lends b a sum of money, and a, at the request of b, accepts a bill of exchange drawn by b upon a to secure the amount. c, the holder of the bill, demands payment of it from a, and, on as refusal to pay, sues him upon the bill. a, not having reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. he can recover from b the amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action. c a guarantees to c, to the extent of 2,000 rupees, payment for rice to be supplied by c to b. c supplies to b rice to a less amount than 2,000 rupees, but obtains from a payment of the sum of 2,000 rupees in respect of the rice supplied. a cannot recover from b more than the price of the rice actually supplied.

section 146. of the indian contract act : where two or more persons are cosureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the cosureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor1 . illustrationsbr a a, b and c are sureties to d for the sum of 3,000 rupees lent to e. e makes default in payment. a, b and c are liable, as between themselves, to pay 1,000 rupees each. b a, b and c are sureties to d for the sum of 1,000 rupees lent to e, and there is a contract between a, b and c that a is to be responsible to the extent of onequarter, b to the extent of one quarter, and c to the extent of onehalf. e makes default in payment. as between the sureties, a is liable to pay 250 rupees, b 250 rupees, and c 500 rupees. 1. see s. 43, supra.

section 148. of the indian contract act : a bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. the person delivering the goods is called the bailor. the person to whom they are delivered is called, the bailee. explanation.if a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment

section 152., of thing bailed. of the indian contract act : the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.

section 147. of the indian contract act : cosureties who are bound in different sums are liable to pay equally as far as the limits of their respective obligations permit. illustrations a a, b and c, as sureties for d, enter into three several bonds, each in a different penalty, namely, a in the penalty of each 10,000 rupees, b in that of 20,000 rupees, c in that of 40,000 rupees, conditioned for ds duly accounting to e. d makes default to the extent of 30,000 rupees. a, b and c are each liable to pay 10,000 rupees. b a, b and c, as sureties for d, enter into three several bonds, each in a different penalty, namely, a in the penalty of 10,000 rupees, b in that of 20,000 rupees, c in that of 40,000 rupees, conditioned for ds duly accounting to e. d makes default to the extent of 40,000 rupees. a is liable to pay 10,000 rupees, and b and c 15,000 rupees each. c a, b and c, as sureties for d, enter into three several bonds, each in a different penalty, namely, a in the penalty of 10,000 rupees, b in that of 20,000 rupees, c in that of 40,000 rupees, conditioned for ds duly accounting to e. d makes default to the extent of 70,000 rupees. a, b and c have to pay each the full penalty of his bond.

section 149. of the indian contract act : the delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorized to hold them on his behalf.

section 150. of the indian contract act : the bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults. if the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed. illustrations a a lends a horse, which he knows to be vicious, to b. he does not disclose the fact that the horse is vicious. the horse runs away. b is thrown and injured. a is responsible to b for damage sustained. b a hires a carriage of b. the carriage is unsafe, though b is not aware of it, and a is injured. b is responsible to a for the injury.

section 151. of the indian contract act : 1in all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed2 . 1. the responsibility of the trustees of the port of madras constituted under the madras port trust act, madras act 2 of , in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words in the absence of any special contract in s. 152, see s. 401 of that act. 2. as to railway contracts see the indian railways act, 9 of , s. 72. as to the liability of common carriers, see the carriers act, 3 of , s. 8.

section 154. of the indian contract act : if the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. illustrations a a lends a horse to b for his own riding only. b allows c, a member of his family, to ride the horse. c rides with care, but the horse accidentally falls and is injured. b is liable to make compensation to a for the injury done to the horse. b a hires a horse in calcutta from b expressly to march to benares. a rides with clue care, but marches to cuttack instead. the horse accidentally falls and is injured. a is liable to make compensation to b for the injury to the horse.

section 155. of the indian contract act : if the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.

section 153. of the indian contract act : a contract of bailment is avoidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment. illustration a lets to b, for hire, a horse for his own riding. b drives the horse in his carriage. this is, at the option of a, a termination of the bailment.

section 156. of the indian contract act : if the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be separated or divided, the property in the goods remains in the parties respectively but the bailee is bound to bear the expense of separation or division, and any damage arising from the mixture. illustration a bails 100 bales of cotton marked with a particular mark to b. b, without as consent, mixes the 100 bales with other bales of his own, bearing a different mark: a is entitled to have his 100 bales returned, and b is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.

section 163. of the indian contract act : in the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. illustration a leaves a cow in the custody of b to be taken care of. the cow has a calf. b is bound to deliver the calf as well as the cow to a.

section 157. of the indian contract act : if the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a manner that it is impossible to separate the goods bailed from the other goods, and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods. illustration a bails a barrel of cape flour worth rs. 45 to b. b, without as consent, mixes the flour with country flour of his own, worth only rs. 25 a barrel. b must compensate a for the loss of his flour.

section 159. of the indian contract act : the lender of a thing for use may at any time require its return, if the loan was gratuitous, even though he lent it for a specified time or purpose. but if, on the faith of such loan made for a specified time or purpose, the borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived.

section 158. of the indian contract act : where, by the conditions of the bailment, the goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.

section 160. of the indian contract act : it is the duty of the bailee to return, or deliver according to the bailors directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplished.

section 161. of the indian contract act : 1if, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time.2 1. s. 161 has been, declared to apply to the responsibility of the trustees of the port of madras as to goods in their possession see the madras port trust act, madras act 2 of . 2. as to railway contracts, see the indian railways act, 9 of , s. 72.

section 162. of the indian contract act : a gratuitous bailment is terminated by the death either of the bailor or of the bailee.

section 164. of the indian contract act : the bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods, or to give directions respecting them.

section 165. of the indian contract act : if several joint owners of goods bail them, the bailee may deliver them back to, or according to the directions of, one joint owner without the consent of all in the absence of any agreement to the contrary.

section 171. of the indian contract act : bankers, factors, wharfingers, attorneys of a high court and policybrokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect1 . 1. as to lien of an agent, see s. 221, infra. as to lien of a railway administration, see the indian railways act, 9 of , s. 55.

section 166. of the indian contract act : if the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery1 . 1. see the indian evidence act, 1 of , s. 117.

section 168. of the indian contract act : the finder of goods has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner but he may retain the goods against the owner until he receives such compensation and, where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it.

section 167. of the indian contract act : if a person, other than the bailor, claims goods bailed he may apply to the court to stop the delivery of the goods to the bailor, and to decide the title to the goods.

section 170. of the indian contract act : where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them. illustrations a a delivers a rough diamond to b, a jeweller, to be cut and polished, which is accordingly done. b is entitled to retain the stone till he is paid for the services he has rendered. b a gives, cloth to b, a tailor, to make into a coat. b promises a to deliver the coat as soon as it is finished, and to give a three months credit for the price. b is not entitled to retain the coat until he is paid.

section 169. of the indian contract act : when a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it 1 when the thing is in danger of perishing or of losing the greater part of its value, or, 2 when the lawful charges of the finder, in respect of the thing found, amount to twothirds of its value.

section 172. of the indian contract act : the bailment of goods as security for payment of a debt or performance of a promise is called pledge. the bailor is in this case called the pawnor. the bailee is called the pawnee.

section 174. of the indian contract act : the pawnee shall not, in the absence of a contract to that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged but such contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by the pawnee.

section 173. of the indian contract act : the pawnee may retain the goods pledged, not only for payment of the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged.

section 178a. of the indian contract act : when the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19a, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnors defect of title.

section 175. of the indian contract act : the pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged.

section 176. of the indian contract act : if the pawnor makes default in payment of the debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledge as a collateral security or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale. if the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. if the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor.

section 178. of the indian contract act : 1where a mercantile agent is, with the consent of the owner, in possession of goods or the document of title to goods, any pledge made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same provided that the pawnee acts in good faith and has not at the time of the pledge notice that the pawnor has not authority to pledge. explanation. in this section, the expressions mercantile agent and documents of title shall have the meanings assigned to them in the indian sale of goods act, 3 of . 1. ss. 178 and 178a subs. by act 4 of , s. 2, for the original s. 178.

section 177. of the indian contract act : if a time is stipulated for the payment of the debt, of performance of the promise, for which the pledge is made, and the pawnor makes default in payment of the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any subsequent time before the actual sale of them1 but he must, in that case, pay, in addition, any expenses which have arisen from his default. 1. for limitation, see the limitation act, 36 of , the second schedule.

section 179. of the indian contract act : where a person pledges goods in which he has only a limited interest, the pledge is valid to the extent of that interest.

section 180. of the indian contract act : if a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made and either the bailor or the bailee may bring a suit against a third person for such deprivation or injury.

section 183. of the indian contract act : any person who is of the age of majority according to the law to which he is subject, and who is of sound mind, may employ an agent.

section 181. of the indian contract act : whatever is obtained by way of relief or compensation in any such suit shall, as between the bailor and the bailee, be dealt with according to their respective interests.

section 182. of the indian contract act : an agent is a person employed to do any act for another, or to represent another in dealings with third persons. the person for whom such act is done, or who is so represented, is called the principal.

section 184. of the indian contract act : as between the principal and third persons, any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf herein contained.

section 185. of the indian contract act : no consideration is necessary to create an agency.

section 186. of the indian contract act : the authority of an agent may be expressed or implied1 . 1. see, however, the registration act, 16 of , s. 33 see also the code of civil procedure, 5 of , sch. i, order iii, rule 4.

section 187. of the indian contract act : an authority is said to be express when it is given by words spoken or written. an authority is said to be implied when it is to be inferred from the circumstances of the case and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. illustration a owns a shop in serampore, living himself in calcutta, and visiting the shop occasionally. the shop is managed by b, and he is in the habit of ordering goods from c in the name of a for the purposes of the shop, and of paying for them out of as funds with as knowledge. b has an implied authority from a to order goods from c in the name of a for the purposes of the shop

section 188. of the indian contract act : an agent, having an authority to do an act, has authority to do every lawful thing which is necessary in order to do such act. an agent having an authority to carry on a business, has authority to do every lawful thing necessary for the purpose, or usually done in the course, of conducting such business. illustrations a a is employed by b, residing in london, to recover at bombay a debt due to b. a may adopt any legal process necessary for the purpose of recovering the debt, and may give a valid discharge for the same. b a constitutes b his agent to carry on his business of a shipbuilder. b may purchase timber and other materials, and hire workmen, for the purpose of carrying on the business.

section 190. of the indian contract act : an agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a subagent may, or, from the nature of the agency, a subagent must, be employed.

section 194. of the indian contract act : where an agent, holding an express or implied authority to name another person to act for the principal in the business of the agency, has named another person accordingly, such person is not a subagent, but an agent of the principal for such part of the business of the agency as is entrusted to him. illustrations a a directs b, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. b names c, an auctioneer, to conduct the sale. c is not a subagent, but is as agent for the conduct of the sale. b a authorizes b, a merchant in calcutta, to recover the moneys due to a from c co. b instructs d, a solicitor, to take legal proceedings against c co. for the recovery of the money. d is not a subagent, but is solicitor for a.

section 189. of the indian contract act : an agent has authority, in an emergency, to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence, in his own case, under similar circumstances. illustrations a an agent for sale may have goods repaired if it be necessary. b a consigns provisions to b at calcutta, with directions to send them immediately to c, at cuttack. b may sell the provisions at calcutta, if they will not bear the journey to cuttack without spoiling.

section 192. of the indian contract act : where a subagent is properly appointed, the principal is, so far as regards third persons, represented by the subagent, and is bound by and responsible for his acts, as if he were an agent originally appointed by the principal. agents responsibility for subagent.the agent is responsible to the principal for the acts of the subagent. subagents responsibility.the subagent is responsible for his acts to the agent, but not to the principal, except in cases of fraud or wilful wrong.

section 191. of the indian contract act : a subagent is a person employed by, and acting under the control of, the original agent in the business of the agency.

section 193. of the indian contract act : where an agent, without having authority to do so, has appointed a person to act as a subagent, the agent stands towards such person in the relation of a principal to an agent, and is responsible for his acts both to the principal and to third persons the principal is not represented, by or responsible for the acts of the person so employed, nor is that person responsible to the principal.

section 198. of the indian contract act : no valid ratification can be made by a person whose knowledge of the facts of the case is materially defective.

section 195. of the indian contract act : in selecting such agent for his principal, an agent is bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own case and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so selected. illustrations a a instructs b, a merchant, to buy a ship for him. b employs a shipsurveyor of good reputation to choose a ship for a. the surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. b is not, but the surveyor is, responsible to a. b a consigns goods to b, a merchant, for sale. b, in due course, employs an auctioneer in good credit to sell the goods of a, and allows the auctioneer to receive the proceeds of the sale. the auctioneer afterwards becomes insolvent without having accounted for the proceeds. b is not responsible to a for the proceeds.

section 197. of the indian contract act : ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. illustrations a a, without authority, buys goods for b. afterwards b sells them to c on his own account bs conduct implies a ratification of the purchase made for him by a. b a, without bs authority, lends bs money to c. afterwards b accepts interest on the money from c. bs conduct implies a ratification of the loan.

section 196. of the indian contract act : where acts are done by one person on behalf of another, but without his knowledge or authority, he may elect to ratify or to disown such acts. if he ratify them, the same effects will follow as if they had been performed by his authority.

section 206. of the indian contract act : reasonable notice must be given of such revocation or renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be, must be made good to the one by the other.

section 199. of the indian contract act : a person ratifying any unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part.

section 205. of the indian contract act : where there is an express or implied contract that the agency should be continued for any period of time, the principal must make compensation to the agent, or the agent to the principal, as the case may be, for any previous revocation or renunciation of the agency without sufficient cause.

section 200. of the indian contract act : an act done by one person on behalf of another, without such other persons authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect. illustrations a a, not being authorized thereto by b, demands, on behalf of b, the delivery of a chattel, the property of b, from c, who is in possession of it. this demand cannot be ratified by b, so as to make c liable for damages for his refusal to deliver. b a holds a lease from b, terminable on three months notice. c, an unauthorized person, gives notice of termination to a. the notice cannot be ratified by b, so as to be binding on a.

section 202. of the indian contract act : where the agent has himself an interest in the property which forms the subjectmatter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. illustrations a a gives authority to b to sell as land, and to pay himself, out of the proceeds, the debts due to him from a. a cannot revoke this authority, nor can it be terminated by his insanity or death. b a consigns 1,000 bales of cotton to b, who has made advances to him on such cotton, and desires b to sell the cotton, and to repay himself out of the price, the amount of his own advances. a cannot revoke this authority, nor is it terminated by his insanity or death.

section 207. of the indian contract act : revocation and renunciation may be expressed or may be implied in the conduct of the principal or agent respectively. illustration a empowers b to let as house. afterwards a lets it himself. this is an implied revocation of bs authority.

section 201. of the indian contract act : an agency is terminated by the principal revoking his authority or by the agent renouncing the business of the agency or by the business of the agency being completed or by either the principal or agent dying or becoming of unsound mind or by the principal being adjudicated an insolvent under the provisions of any act for the time being in force for the relief of insolvent debtors.

section 208. of the indian contract act : the termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or, so far as regards third persons, before it becomes known to them. illustrations a a directs b to sell goods for him, and agrees to give b five per cent. commission on the price fetched by the goods. a afterwards, by letter, revoke bs authority. b, after the letter is sent, but before he receives it, sells the goods for 100 rupees. the sale is binding on a, and b is entitled to five rupees as his commission. b a, at madras, by letter, directs b to sell for him some cotton lying in a warehouse in bombay, and afterwards, by letter, revokes his authority to sell, and directs b to send the cotton to madras. b, after receiving the second letter, enters into a contract with c, who knows of the first letter, but not of the second, for the sale to him of the cotton. c pays b the money, with which b absconds. cs payment is good as against a. c a directs b, his agent, to pay certain money to c. a dies, and d takes out probate to his will. b, after as death, but before hearing of it, pays the money to c. the payment is good as against d, the executor.

section 203. of the indian contract act : the principal may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal.

section 211. of the indian contract act : an agent is bound to conduct the business of his principal according to the directions given by the principal, or, in the absence of any such directions, according to the custom which prevails in doing business of the same kind at the place where the agent conducts such business. when the agent acts otherwise, if any loss be sustained, he must make it good to his principal, and if any profit accrues, he must account for it. illustrations a a, an agent engaged in carrying on for b a business, in which it is the custom to invest from time to time, at interest, the moneys which may be in hand, omits to make such investment. a must make good to b the interest usually obtained by such investments. b b, a broker, in whose business it is not the custom to sell on credit, sells goods of a on credit to c, whose credit at the time was very high. c, before payment, becomes insolvent. b must make good the loss to a.

section 204. of the indian contract act : the principal cannot revoke the authority given to his agent after the authority has been partly exercised, so far as regards such acts and obligations as arise from acts already done in the agency. illustrations a a authorizes b to buy 1,000 bales of cotton on account of a, and to pay for it out of as moneys remaining in bs hands. b buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. a cannot revoke bs authority so far as regards payment for the cotton. b a authorizes b to buy 1,000 bales of cotton on account of a, and to pay for it out of as moneys remaining in bs hands. b buys 1,000 bales of cotton in as name, and so as not to render himself personally liable for the price. a can revoke bs authority to pay for the cotton.

section 215. of the indian contract act : if an agent deals on his own account in the business of the agency, without first obtaining the consent of his principal and acquainting him with all material circumstances which have come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows, either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of the agent have been disadvantageous to him. illustrations a a directs b to sell as estate. b buys the estate for himself in the name of c. a, on discovering that b has bought the estate for himself, may repudiate the sale, if he can show that b has dishonestly concealed any material fact, or that the sale has been disadvantageous to him. b a directs b to sell as estate b, on looking over the estate before selling it, finds a mine on the estate which is unknown to a. b informs a that he wishes to buy the estate for himself, but conceals the discovery of the mine. a allows b to buy, in ignorance of the existence of the mine. a, on discovering that b knew of the mine at the time he bought the estate, may either repudiate or adopt the sale at his option.

section 209. of the indian contract act : when an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf of the representatives of his late principal, all reasonable steps for the protection and preservation of the interests entrusted to him.

section 210. of the indian contract act : the termination of the authority of an agent causes the termination subject to the rules herein contained regarding the termination of an agents authority of the authority of all subagents appointed by him.

section 217. of the indian contract act : an agent may retain, out of any sums received on account of the principal in the business of the agency, all moneys due to himself in respect of advances made or expenses properly incurred by him in conducting such business, and also such remuneration as may be payable to him for acting as agent.

section 212. of the indian contract act : an agent is bound to conduct the business of the agency with as much skill as is generally possessed by persons engaged in similar business unless the principal has notice of his want of skill. the agent is always bound to act with reasonable diligence, and to use such skill as he possesses and to make compensation to his principal in respect of the direct consequences of his own neglect, want of skill or misconduct, but not in respect of loss or damage which are indirectly or remotely caused by such neglect, want of skill, or misconduct. illustrations a a, a merchant in calcutta, has an agent, b, in london, to whom a sum of money is paid on as account, with orders to remit. b retains the money for a considerable time. a, in consequence of not receiving the money, becomes insolvent. b is liable for the money and interest from the day on which it ought to have been paid, according to the usual rate, and for any further direct lossas, e.g., by variation of rate of exchangebut not further. b a, an agent for the sale of goods, having authority to sell on credit, sells to b on credit, without making the proper and usual enquiries as to the solvency of b. b, at the time of such sale, is insolvent. a must make compensation to his principal in respect of any loss thereby sustained. c a, an insurancebroker employed by b to effect an insurance on a ship, omits to see that the usual clauses are inserted in the policy. the ship is after wards lost. in consequence of the omission of the clauses nothing can be recovered from the underwriters. a is bound to make good the loss to b. d a, a merchant in england, directs b, his agent at bombay, who accepts the agency, to send him 100 bales of cotton by a certain ship. b, having it in his power to send the cotton, omits to do so. the ship arrives safely in england. soon after her arrival the price of cotton rises. b is bound to make good to a the profit which he might have made by the 100 bales of cotton at the time the ship arrived, but not any profit he might have made by the subsequent rise.

section 213. of the indian contract act : an agent is bound to render proper accounts to his principal on demand.

section 214. of the indian contract act : it is the duty of an agent, in cases of difficulty, to use all reasonable diligence in communicating with his principal, and in seeking to obtain his instructions.

section 216. of the indian contract act : if an agent, without the knowledge of his principal, deals in the business of the agency on his own account instead of on account of his principal, the principal is entitled to claim from the agent any benefit which may have resulted to him from the transaction. illustration a directs b, his agent, to buy a certain house for him. b tells a it cannot be bought, and buys the house for himself. a may, on discovering that b has bought the house, compel him to sell it to a at the price he gave for it.

section 218. of the indian contract act : subject to such deductions, the agent is bound to pay to his principal all sums received on his account.

section 219. of the indian contract act : in the absence of any special contract, payment for the performance of any act is not due to the agent until the completion of such act but an agent may detain moneys received by him on account of goods sold, although the whole of the goods consigned to him for sale may not have been sold, or although the sale may not be actually complete.

section 225. of the indian contract act : the principal must make compensation to his agent in respect of injury1 caused to such agent by the principals neglect or want of skill. illustration a employs b as a bricklayer in building a house, and puts up the scaffolding himself. the scaffolding is unskilfully put up, and b is in consequence hurt. a must make compensation to b. 1. cf. the indian fatal accidents act, 13 of .

section 220. of the indian contract act : an agent who is guilty of misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the business which he has misconducted. illustrations a a employs b to recover, 1,00,000 rupees from c, and to lay it out on good security. b recovers the 1,00,000 rupees and lays out 90,000 rupees on good security, but lays out 10,000 rupees on security which he ought to have known to be bad, whereby a loses 2,000 rupees. b is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000 rupees. he is not entitled to any remuneration for investing the 10,000 rupees, and he must make good the 2,000 rupees to b. b a employs b to recover 1,000 rupees from c. through bs misconduct the money is not recovered. b is entitled to no remuneration for his services, and must make good the loss.

section 226. of the indian contract act : contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person. illustrations a a buys goods from b, knowing that he is an agent for their sale, but not knowing who is the principal. bs principal is the person entitled to claim from a the price of the goods, and a cannot, in a. suit by the principal, setoff against that claim a debt due to himself from b. b a, being bs agent with authority to receive money on his behalf, receives from c a sum of money due to b. c is discharged of his obligation to pay the sum in question to b.

section 221. of the indian contract act : in the absence of any contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable of the principal received by him, until the amount due to himself for commission, disbursements and services in respect of the same has been paid or accounted for to him.

section 222. of the indian contract act : the employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. illustrations a b, at singapur, under instructions from a of calcutta, contracts with c to deliver certain goods to him. a does not send the goods to b, and c sues b for breach of contract. b informs a of the suit, and a authorizes him to defend the suit. b defends the suit, and is compelled to pay damages and costs, and incurs expenses. a is liable to b for such damages, costs and expenses. b b, a broker at calcutta, by the orders of a, a merchant there, contracts with c for the purchase of 10 casks of oil for a. afterwards a refuses to receive the oil, and c sues b. b informs a, who repudiates the contract altogether. b defends, but unsuccessfully, and has to pay damages and costs and incurs expenses. a is liable to b for such damages, costs and expenses.

section 227. of the indian contract act : when an agent does more than he is authorized to do, and when the part of what he does, which is within his authority, can be separated from the part which is beyond his authority, so much only of what he does as is within his authority is binding as between him and his principal. illustration a, being owner of a ship and cargo, authorizes b to procure an insurance for 4,000 rupees on the ship. b procures a policy for 4,000 rupees on the ship, and another for the like sum on the cargo. a is bound to pay the premium for the policy on the ship, but not the premium for the policy on the cargo.

section 223. of the indian contract act : where one person employs another to do an act, and the agent does the act in good faith, the employer is liable to indemnify the agent against the consequences of that act, though it cause an injury to the rights of third persons. illustrations a a, a decreeholder and entitled to execution of bs goods, requires the officer of the court to seize certain goods, representing them to be the goods of b. the officer seizes the goods, and is sued by c, the true owner of the goods. a is liable to indemnify the officer for the sum which he is compelled to pay to c, in consequence of obeying as directions. b b, at the request of a, sells goods in the possession of a, but which a had no right to dispose of, b does not know this, and hands over the proceeds of the sale to a. afterwards c, the true owner of the goods, sues b and recovers the value of the goods and costs. a is liable to indemnify b for what he has been compelled to pay to c, and for bs own expenses.

section 224. of the indian contract act : where one person employs another to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied promise, to indemnify him against the consequences of that act1 . illustrations a a employs b to beat c, and agrees to indemnify him against all consequences of the act. b thereupon beats c, and has to pay damages to c for so doing. a is not liable to indemnify b for those damages. b b, the proprietor of a newspaper, publishes, at as request, a libel upon c in the paper, and a agrees to indemnify b against the consequences of the publication, and all costs and damages of any action in respect thereof. b is sued by c and has to pay damages, and also incurs expenses. a is not liable to b upon the indemnity. 1. see s. 24, supra.

section 229. of the indian contract act : any notice given to or information obtained by the agent, provided it be given or obtained in the course of the business transacted by him for the principal, shall, as between the principal and third parties, have the same legal consequences as if it had been given to or obtained by the principal. illustrations a a is employed by b to buy from c certain goods, of which c is the apparent owner, and buys them accordingly. in the course of the treaty for the sale, a learns that the goods really belonged to d, but b is ignorant of that fact. b is not entitled to setoff a debt owing to him from c against the price of the goods. b a is employed by b to buy from c goods of which c is the apparent owner. a was, before he was so employed, a servant of c, and then learnt that the goods really belonged to d, but b is ignorant of that fact. in spite of the knowledge of his agent, b may setoff against the price of the goods a debt owing to him from c.

section 228. of the indian contract act : where an agent does more than he is authorized to do, and what he does beyond the scope of his authority cannot be separated from what is within it, the principal is not bound to recognize the transaction. illustration a authorizes b to buy 500 sheep for him. b buys 500 sheep and 200 lambs for one sum of 6,000 rupees. a may repudiate the whole transaction.

section 230. of the indian contract act : n the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them. presumption of contract to contrarysuch a contract shall be presumed to exist in the following cases: 1 where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad 2 where the agent does not disclose the name of his principal 3 where the principal, though disclosed, cannot be sued.

section 231. of the indian contract act : if an agent makes a contract with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require the performance of the contract but the other contracting party has, as against the principal, the same rights as he would have had as against the agent if the agent had been principal. if the principal discloses himself before the contract is completed, the other contracting party may refuse to fulfil the contract, if he can show that, if he had known who was the principal in the contract, or if he had known that the agent was not a principal, he would not have entered into the contract.

section 232. of the indian contract act : where one man makes a contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent, the principal, if he requires the performance of the contract, can only obtain such performance subject to the rights and obligations subsisting between the agent and the other party to the contract. illustration a, who owes 500 rupees to b, sells 1,000 rupees worth of rice to b. a is acting as agent for c in the transaction, but b has no knowledge nor reasonable ground of suspicion that such is the case. c cannot compel b to take the rice without allowing him to setoff as debt.

section 233. of the indian contract act : in cases where the agent is personally liable, a person dealing with him may hold either him or his principal, or both of them, liable. illustration a enters into a contract with b to sell him 100 bales of cotton, and afterwards discovers that b was acting as agent for c. a may sue either b or c, or both, for the price of the cotton.

section 234. of the indian contract act : when a person who has made a contract with an agent induces the agent to act upon the belief that the principal only will be held liable, or induces the principal to act upon the belief that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively.

section 235. of the indian contract act : a person untruly representing himself to be the authorized agent of another, and thereby inducing a third person to deal with him as such agent, is liable, if his alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or damage which he has incurred by so dealing.

section 236. of the indian contract act : a person with whom a contract has been entered into in the character of agent, is not entitled to require the performance of it, if he was in reality acting, not as agent, but on his own account.

section 237. of the indian contract act : when an agent has, without authority, done acts or incurred obligations to third persons on behalf of his principal, the principal is bound by such acts or obligations, if he has by his words or conduct induced such third persons to believe that such acts and obligations were within the scope of the agents authority. illustrations a a consigns goods to b for sale, and gives him instructions not to sell under a fixed price. c, being ignorant of bs instructions, enters into a contract with b to buy the goods at a price lower than the reserved price. a is bound by the contract. b a entrusts b with negotiable instruments endorsed in blank. b sells them to c in violation of private orders from a. the sale is good.

section 238. of the indian contract act : misrepresentation made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals. illustrations a a, being bs agent for the sale of goods, induces c to buy them by a misrepresentation, which he was not authorized by b to make. the contract is voidable, as between b and c, at the option of c. b a, the captain of bs ship, signs bills of lading without having received on board the goods mentioned therein. the bills of lading are void as between b and the pretended cosignor.

section 239.. of the indian contract act : partnership defined. rep. by s. 73 and the second schedule, ibid.

section 241.. of the indian contract act : property left in business by retiring partner, or decreased partners preventative. rep. by s. 73 and the second schedule, ibid.

section 240.. of the indian contract act : lender not a partner by advancing money for share of profits. rep. by s. 73 and the second schedule, ibid.

section 242.. of the indian contract act : servant or agent remunerated by share of profits, not a partner. rep. by s. 73 and the second schedule, ibid.

section 243.. of the indian contract act : widow or child of deceased partner receiving annuity out of profits, not a partner. rep. by s. 73 and the second schedule, ibid.

section 244.. of the indian contract act : person receiving portion of profits for sale of goodwill, no a partner. rep. by s. 73 and the second schedule, ibid.

section 248.. of the indian contract act : liability of minor partner on attaining majority. rep. by s. 73 and the second schedule, ibid.

section 249.. of the indian contract act : partners liability for debts of partnership. rep. by s. 73 and the second schedule, ibid.

section 245.. of the indian contract act : responsibility of person leading another to believe him a partner. rep. by s. 73 and the second schedule, ibid.

section 250.. of the indian contract act : partners liability to third person for neglect or fraud of copartner. rep. by s. 73 and the second schedule, ibid.

section 251.. of the indian contract act : partners power to bind copartners. rep. by s. 73 and the second schedule, ibid.

section 247.. of the indian contract act : minor partner not personally liable, but his share is. rep. by s. 73 and the second schedule, ibid.

section 254.. of the indian contract act : when court may dissolve partnership. rep. by s. 73 and the second schedule, ibid.

section 252.. of the indian contract act : annulment of contract defining partners rights and obligations. rep. by s. 73 and the second schedule, ibid.

section 246.. of the indian contract act : liability of person permitting him self to be represented as a partner. rep. by s. 73 and the second schedule, ibid.

section 256.. of the indian contract act : rights and obligations of partners in partnership continued after expiry of term for which it was entered into. rep. by s. 73 and the second schedule, ibid.

section 253.. of the indian contract act : rules determining partners mutual relations, where no contract to contrary. rep. by s. 73 and the second schedule, ibid.

section 255.. of the indian contract act : dissolution of partnership by prohibition of business. rep. by s. 73 and the second schedule, ibid.

section 259.. of the indian contract act : obligations, to firm, of partner carrying on business. rep. by s. 73 and the second schedule, ibid.

section 260.. of the indian contract act : revocation of continuing guarantee by charge by change in firm. rep. by the indian partnership act, 9 of , s. 73 and the second schedule.

section 257.. of the indian contract act : general duties of partners. rep. by s. 73 and the second schedule, ibid.

section 258.. of the indian contract act : account, to firm, of benefit derived from transaction affecting partnership. rep. by s. 73 and the second schedule, ibid.

section 264.. of the indian contract act : notice of dissolution. rep. by s. 73 and the second schedule, ibid.

section 261.. of the indian contract act : nonliability of deceased partners estate for subsequent obligations. rep. by s. 73 and the second schedule, ibid.

section 266.. of the indian contract act : limitedliability partnerships, incorporate partnerships, and jointstock companies. rep. by s. 73 and the second schedule, ibid.

section 262.. of the indian contract act : payment of partnership debts, and of separate debts. rep. by s. 73 and the second schedule, ibid.

section 263.. of the indian contract act : continuance, of partners rights and obligations after dissolution. rep. by s. 73 and the second schedule, ibid.

section 265.. of the indian contract act : right of partners to apply for windingup after termination of partnership. rep. by s. 73 and the second schedule, ibid.

section 7. of the dowry prohibition act : 17. cognizance of offences.1 notwithstanding anything contained in the code of criminal procedure, 2 of , a no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act b no court shall take cognizance of an offence under this act except upon i its own knowledge or a police report of the facts which constitute such offence, or ii a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognised welfare institution or organisation c it shall be lawful for a metropolitan magistrate or a judicial magistrate of the first class to pass any sentence authorised by this act on any person convicted of an offence under this act. explanation.for the purposes of this subsection, recognised welfare institution or organisation means a social welfare institution or organisation recognised in this behalf by the central or state government. 2 nothing in chapter xxxvi of the code of criminal procedure, 2 of , shall apply to any offence punishable under this act. 23 notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this act. 1. subs. by act 63 of , s. 6, for section 7 w.e.f. . 2. ins. by act 43 of , s. 6 w.e.f. .

section 1. of the dowry prohibition act : show related subordinates 1 this act may be called the dowry prohibition act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 1st july, , vide notification no. s.o. , dated 20th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 4. of the dowry prohibition act : 14. penalty for demanding dowry.if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. 1. subs. by act 63 of , s. 4, for section 4 w.e.f. .

section 3. of the dowry prohibition act : show related subordinates 11 if any person, after the commencement of this act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2with imprisonment for a term which shall not be less than 3five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more: provided that the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 4five years. 52 nothing in subsection 1 shall apply to, or in relation to, a presents which are given at the time of a marriage to the bride without any demand having been made in that behalf: provided that such presents are entered in a list maintained in accordance with the rules made under this act b presents which are given at the time of a marriage to the bridegroom without any demand having been made in that behalf: provided that such presents are entered in a list maintained in accordance with the rules made under this act: provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given. 1. section 3 renumbered as subsection 1 of that section by s. 3, ibid. w.e.f. . 2. subs. by s. 3, ibid., for certain words w.e.f. . 3. subs. by act 43 of , s. 3, for certain words w.e.f. . 4. subs. by s. 3, ibid., for six months w.e.f. . 5. ins. by act 63 of , s. 3 w.e.f. .

section 6. of the dowry prohibition act : 1 where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman a if the dowry was received before marriage, within1three months after the date of marriage or b if the dowry was received at the time of or after the marriage, within 1three months after the date of its receipt or c if the dowry was received when the woman was a minor, within 1three months after she has attained the age of eighteen years and pending such transfer, shall hold it in trust for the benefit of the woman. 22 if any person fails to transfer any property as required by subsection 1 within the time limit specified therefor 3or as required by subsection 3, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 4which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. 3 where the woman entitled to any property under subsection 1 dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being: 5provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall, a if she has no children, be transferred to her parents, or b if she has children, be transferred to such children and pending such transfer, be held in trust for such children. 63a where a person convicted under subsection 2 for failure to transfer any property as required by subsection 1 7or subsection 3 has not, before his conviction under that subsection, transferred such property to the woman entitled thereto or, as the case may be, 8her heirs, parents or children the court shall, in addition to awarding punishment under that subsection, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 8her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such court and paid to such woman or, as the case may be, 8her heirs, parents or children. 4 nothing contained in this section shall affect the provisions of section 3 or section 4. 1. subs. by act 63 of , s. 5, for one year w.e.f. . 2. subs. by s. 5, ibid., for subsection 2 w.e.f. . 3. ins. by act 43 of , s. 5 w.e.f. . 4. subs. by s. 5, ibid., for which may extend to ten thousand rupees w.e.f. . 5. the proviso inserted by s. 5, ibid. w.e.f. . 6. ins. by act 63 of , s. 5 w.e.f. . 7. ins. by act 43 of , s. 5 w.e.f. . 8. subs. by s. 5, ibid., for her heirs w.e.f. .

section 2. of the dowry prohibition act : in this act, dowry means any property or valuable security given or agreed to be given either directly or indirectly a by one party to a marriage to the other party to the marriage or b by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before 1or any time after the marriage 2in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law shariat applies. 3 explanation ii.the expression valuable security has the same meaning as in section 30 of the indian penal code 45 of . 1. subs. by act 43 of , s. 2, for or after the marriage w.e.f. . 2. subs. by act 63 of , s. 2, for certain words w.e.f. . 3. the explanation i omitted by s. 2, ibid. w.e.f. .

section 8a.burden of proof in certain cases of the dowry prohibition act : 18a. burden of proof in certain cases.where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him. 1. ins. by s. 8, ibid. w.e.f. .

section 5. of the dowry prohibition act : any agreement for the giving or taking of dowry shall be void.

section 4a. of the dowry prohibition act : 14a. ban on advertisement.if any person a offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative, b prints or publishes or circulates any advertisement referred to in clause a, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees: provided that the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months. 1. ins. by act 43 of , s. 4 w.e.f. .

section 8. of the dowry prohibition act : 18. offences to be cognizable for certain purposes and to be bailable and noncompoundable.1 the code of criminal procedure, 2 of shall apply to offences under this act as if they were cognizable offences a for the purposes of investigation of such offences and b for the purposes of matters other than i matters referred to in section 42 of that code and ii the arrest of a person without a warrant or without an order of a magistrate. 2 every offence under this act shall be 2nonbailable and noncompoundable. 2. subs. by act 63 of , s. 7, for section 8 w.e.f. . 2. subs. by act 43 of , s. 7, for bailable w.e.f. .

section 10.power of the state government to make rules of the dowry prohibition act : 110. power of the state government to make rules.1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the additional functions to be performed by the dowry prohibition officers under subsection 2 of section 8b b limitations and conditions subject to which a dowry prohibition officer may exercise his functions under subsection 3 of section 8b. 3 every rule made by the state government under this section shall be laid as soon as may be after it is made before the state legislature. 1. subs. by act 43 of , s. 9, for section 10 w.e.f. .

section 8b.dowry prohibition officers of the dowry prohibition act : 1 the state government may appoint as many dowry prohibition officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this act. 2 every dowry prohibition officer shall exercise and perform the following powers and functions, namely: a to see that the provisions of this act are complied with b to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry c to collect such evidence as may be necessary for the prosecution of persons committing offences under the act and d to perform such additional functions as may be assigned to him by the state government, or as may be specified in the rules made under this act. 3 the state government may, by notification in the official gazette, confer such powers of a police officer as may be specified in the notification on the dowry prohibition officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this act. 4 the state government may, for the purpose of advising and assisting dowry prohibition officers in the efficient performance of their functions under this act, appoint an advisory board consisting of not more than five social welfare workers out of whom at least two shall be women from the area in respect of which such dowry prohibition officer exercises jurisdiction under subsection 1.

section 9.power to make rules of the dowry prohibition act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 12 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the form and manner in which, and the persons by whom, any list of presents referred to in subsection 2 of section 3 shall be maintained and all other matters connected therewith and b the better coordination of policy and action with respect to the administration of this act. 23 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 3in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 63 of , s. 8 w.e.f. . 2. subsection 2 renumbered as subsection 3 thereof by s. 8, ibid. w.e.f. . 3. subs. by act 20 of , s. 2 and the schedule, for certain words w.e.f. .

section 8. of the biological diversity act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established by the central government for the purposes of this act, a body to be called the national biodiversity authority. 2 the national biodiversity authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the head office of the national biodiversity authority shall be at chennai and the national biodiversity authority may, with the previous approval of the central government, establish offices at other places in india. 4 the national biodiversity authority shall consist of the following members, namely: a a chairperson, who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biological diversity and in matters relating to equitable sharing of benefits, to be appointed by the central government b three ex officio members to be appointed by the central government, one representing the ministry dealing with tribal affairs and two representing the ministry dealing with environment and forests of whom one shall be the additional director general of forests or the director general of forests c seven ex officio members to be appointed by the central government to represent respectively the ministries of the central government dealing with i agricultural research and education ii biotechnology iii ocean development iv agriculture and cooperation v indian systems of medicine and homoeopathy vi science and technology vii scientific and industrial research d five nonofficial members to be appointed from amongst specialists and scientists having special knowledge of, or experience in, matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources, representatives of industry, conservers, creators and knowledgeholders of biological resources.

section 1. of the biological diversity act : show related subordinates 1 this act may be called the biological diversity act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st october, ss. 1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 48, 54, 59, 62, 63, 64, 65, vide notification no. s.o. e, dated 1st october, , see gazette of india, extraordinary, part ii, sec. 3ii. 1st july, ss. 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 55, 56, 57, 58, 60, 61, vide notification no. s.o. 753e, dated 1st july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the biological diversity act : no person, who is a citizen of india or a body corporate, association or organisation which is registered in india, shall obtain any biological resource for commercial utilisation, or biosurvey and bioutilisation for commercial utilisation except after giving prior intimation to the state biodiversity board concerned: provided that the provisions of this section shall not apply to the local people and communities of the area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practicing indigenous medicine.

section 4. of the biological diversity act : no person shall, without the previous approval of the national biodiversity authority, transfer the results of any research relating to any biological resources occurring in, or obtained from, india for monetary consideration or otherwise to any person who is not a citizen of india or citizen of india who is nonresident as defined in clause 30 of section 2 of the incometax act, 43 of or a body corporate or organisation which is not registered or incorporated in india or which has any nonindian participation in its share capital or management. explanation.for the purposes of this section, transfer does not include publication of research papers or dissemination of knowledge in any seminar or workshop, if such publication is as per the guidelines issued by the central government.

section 3. of the biological diversity act : 1 no person referred to in subsection 2 shall, without previous approval of the national biodiversity authority, obtain any biological resource occurring in india or knowledge associated thereto for research or for commercial utilisation or for biosurvey and bioutilisation. 2 the persons who shall be required to take the approval of the national biodiversity authority under subsection 1 are the following, namely: a a person who is not a citizen of india b a citizen of india, who is a nonresident as defined in clause 30 of section 2 of the incometax act, 43 of c a body corporate, association or organisation i not incorporated or registered in india or ii incorporated or registered in india under any law for the time being in force which has any nonindian participation in its share capital or management.

section 9. of the biological diversity act : the term of office and conditions of service of the chairperson and the other members other than ex officio members of the national biodiversity authority shall be such as may be prescribed by the central government.

section 11. of the biological diversity act : the central government may remove from the national biodiversity authority any member who, in its opinion, has a been adjudged as an insolvent or b been convicted of an offence which involves moral turpitude or c become physically or mentally incapable of acting as a member or d so abused his position as to render his continuance in office detrimental to the public interest or e acquired such financial or other interest as is likely to affect prejudicially his functions as a member.

section 2. of the biological diversity act : in this act, unless the context otherwise requires, a benefit claimers means the conservers of biological resources, their byproducts, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application b biological diversity means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of ecosystems c biological resources means plants, animals and microorganisms or parts thereof, their genetic material and byproducts excluding value added products with actual or potential use or value, but does not include human genetic material d biosurvey and bioutilisation means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characterisation, inventorisation and bioassay e chairperson means the chairperson of the national biodiversity authority or, as the case may be, of the state biodiversity board f commercial utilisation means end uses of biological resources for commercial utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping g fair and equitable benefit sharing means sharing of benefits as determined by the national biodiversity authority under section 21 h local bodies means panchayats and municipalities, by what ever name called, within the meaning of clause 1 of article 243b and clause 1 of article 243q of the constitution and in the absence of any panchayats or municipalities, institutions of selfgovernment constituted under any other provision of the constitution or any central act or state act i member means a member of the national biodiversity authority or a state biodiversity board and includes the chairperson j national biodiversity authority means the national biodiversity authority established under section 8 k prescribed means prescribed by rules made under this act l regulations means regulations made under this act m research means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use n state biodiversity board means the state biodiversity board established under section 22 o sustainable use means the use of components of biological diversity in such manner and at such rate that does not lead to the longterm decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations p value added products means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form.

section 6. of the biological diversity act : 1 no person shall apply for any intellectual property right, by whatever name called, in or outside india for any invention based on any research or information on a biological resource obtained from india without obtaining the previous approval of the national biodiversity authority before making such application: provided that if a person applies for a patent, permission of the national biodiversity authority may be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority concerned: provided further that the national biodiversity authority shall dispose of the application for permission made to it within a period of ninety days from the date of receipt thereof. 2 the national biodiversity authority may, while granting the approval under this section, impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilisation of such rights. 3 the provisions of this section shall not apply to any person making an application for any right under any law relating to protection of plant varieties enacted by parliament. 4 where any right is granted under law referred to in subsection 3, the concerned authority granting such right shall endorse a copy of such document granting the right to the national biodiversity authority.

section 5. of the biological diversity act : show related subordinates 1 the provisions of sections 3 and 4 shall not apply to collaborative search projects involving transfer or exchange of biological resources or information relating thereto between institutions, including government sponsored institutions of india, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in subsection 3. 2 all collaborative research projects, other than those referred to in subsection 1 which are based on agreements concluded before the commencement of this act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this act or any guidelines issued under clause a of subsection 3, be void. 3 for the purposes of subsection 1, collaborative research projects shall a conform to the policy guidelines issued by the central government in this behalf b be approved by the central government.

section 10. of the biological diversity act : the chairperson shall be the chief executive of the national biodiversity authority and shall exercise such powers and perform such duties, as may be prescribed.

section 12. of the biological diversity act : 1 the national biodiversity authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings as may be prescribed. 2 the chairperson of the national biodiversity authority shall preside at the meetings of the national biodiversity authority. 3 if for any reason the chairperson is unable to attend any meeting of the national biodiversity authority, any member of the national biodiversity authority chosen by the members present at the meeting shall preside at the meeting. 4 all questions which come before any meeting of the national biodiversity authority shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote. 5 every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting. 6 no act or proceeding of the national biodiversity authority shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the national biodiversity authority or b any defect in the appointment of a person acting as a member or c any irregularity in the procedure of the national biodiversity authority not affecting the merits of the case.

section 13. of the biological diversity act : 1 the national biodiversity authority may constitute a committee to deal with agrobiodiversity. explanation.for the purposes of this subsection, agrobiodiversity means biological diversity of agriculture related species and their wild relatives. 2 without prejudice to the provisions of subsection 1, the national biodiversity authority may constitute such number of committees as it deems fit for the efficient discharge of its duties and performance of its functions under this act. 3 a committee constituted under this section shall coopt such number of persons, who are not the members of the national biodiversity authority, as it may think fit and the persons so coopted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote. 4 the persons appointed as members of the committee under subsection 2 shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the central government.

section 15. of the biological diversity act : all orders and decisions of the national biodiversity authority shall be authenticated by the signature of the chairperson or any other member authorised by the national biodiversity authority in this behalf and all other instruments executed by the national biodiversity authority shall be authenticated by the signature of an officer of the national biodiversity authority authorised by it in this behalf.

section 19. of the biological diversity act : 1 any person referred to in subsection 2 of section 3 who intends to obtain any biological resource occurring in india or knowledge associated thereto for research or for commercial utilisation or for biosurvey and bioutilisation or transfer the results of any research relating to biological resources occurring in, or obtained from, india, shall make application in such form and payment of such fees as may be prescribed, to the national biodiversity authority. 2 any person who intends to apply for a patent or any other form of intellectual property protection whether in india or outside india referred to in subsection 1 of section 6, may make an application in such form and in such manner as may be prescribed to the national biodiversity authority. 3 on receipt of an application under subsection 1 or subsection 2, the national biodiversity authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to any regulations made in this behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected. 4 the national biodiversity authority shall give public notice of every approval granted by it under this section.

section 14. of the biological diversity act : 1 the national biodiversity authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of service of such officers and other employees of the national biodiversity authority shall be such as may be specified by regulations.

section 20. of the biological diversity act : 1 no person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated thereto which is the subject matter of the said approval except with the permission of the national biodiversity authority. 2 any person who intends to transfer any biological resource or knowledge associated thereto referred to in subsection 1 shall make an application in such form and in such manner as may be prescribed to the national biodiversity authority. 3 on receipt of an application under subsection 2, the national biodiversity authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected. 4 the national biodiversity authority shall give public notice of every approval granted by it under this section.

section 16. of the biological diversity act : the national biodiversity authority may, by general or special order in writing, delegate to any member, officer of the national biodiversity authority or any other person subject to such conditions, if any, as may be specified in the order, such of the powers and functions under this act except the power to prefer an appeal under section 50 and the power to make regulations under section 64 as it may deem necessary.

section 17. of the biological diversity act : the salaries and allowances payable to the members and the administrative expenses of the national biodiversity authority including salaries, allowances and pension payable to, or in respect of, the officers and other employees of the national biodiversity authority shall be defrayed out of the consolidated fund of india.

section 18. of the biological diversity act : show related subordinates 1 it shall be the duty of the national biodiversity authority to regulate activities referred to in sections 3, 4 and 6 and by regulations issue guidelines for access to biological resources and for fair and equitable benefit sharing. 2 the national biodiversity authority may grant approval for undertaking any activity referred to in sections 3, 4 and 6. 3 the national biodiversity authority may a advise the central government on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilisation of biological resources b advise the state governments in the selection of areas of biodiversity importance to be notified under subsection 1 of section 37 as heritage sites and measures for the management of such heritage sites c perform such other functions as may be necessary to carry out the provisions of this act. 4 the national biodiversity authority may, on behalf of the central government, take any measures necessary to oppose the grant of intellectual property rights in any country outside india on any biological resource obtained from india or knowledge associated with such biological resource which is derived from india.

section 21. of the biological diversity act : show related subordinates 1 the national biodiversity authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological resources, their byproducts, innovations and practices associated with their use and applications and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, local bodies concerned and the benefit claimers. 2 the national biodiversity authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely: a grant of joint ownership of intellectual property rights to the national biodiversity authority, or where benefit claimers are identified, to such benefit claimers b transfer of technology c location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers d association of indian scientists, benefit claimers and the local people with research and development in biological resources and biosurvey and bioutilisation e setting up of venture capital fund for aiding the cause of benefit claimers f payment of monetary compensation and other nonmonetary benefits to the benefit claimers as the national biodiversity authority may deem fit. 3 where any amount of money is ordered by way of benefit sharing, the national biodiversity authority may direct the amount to be deposited in the national biodiversity fund: provided that where biological resource or knowledge was a result of access from specific individual or group of individuals or organisations, the national biodiversity authority may direct that the amount shall be paid directly to such individual or group of individuals or organisations in accordance with the terms of any agreement and in such manner as it deems fit. 4 for the purposes of this section, the national biodiversity authority shall, in consultation with the central government, by regulations, frame guidelines.

section 22. of the biological diversity act : 1 with effect from such date as the state government may, by notification in the official gazette, appoint in this behalf, there shall be established by that government for the purposes of this act, a board for the state to be known as the name of the state biodiversity board. 2 notwithstanding anything contained in this section, no state biodiversity board shall be constituted for a union territory and in relation to a union territory, the national biodiversity authority shall exercise the powers and perform the functions of a state biodiversity board for that union territory: provided that in relation to any union territory, the national biodiversity authority may delegate all or any of its powers or functions under this subsection to such person or group of persons as the central government may specify. 3 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 4 the board shall consist of the following members, namely: a a chairperson who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biological diversity and in matters relating to equitable sharing of benefits, to be appointed by the state government b not more than five ex officio members to be appointed by the state government to represent the concerned departments of the state government c not more than five members to be appointed from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources. 5 the head office of the state biodiversity board shall be at such place as the state government may, by notification in the official gazette, specify.

section 24. of the biological diversity act : 1 any citizen of india or a body corporate, organisation or association registered in india intending to undertake any activity referred to in section 7 shall give prior intimation in such form as may be prescribed by the state government to the state biodiversity board. 2 on receipt of an intimation under subsection 1, the state biodiversity board may, in consultation with the local bodies concerned and after making such enquires as it conservation, may deem fit, by order, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits arising out of such activity: provided that no such order shall be made without giving an opportunity of being heard to the person affected. 3 any information given in the form referred to in subsection 1 for prior intimation shall be kept confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned thereto.

section 29. of the biological diversity act : 1 the national biodiversity authority shall prepare a budget, maintain proper accounts and other relevant records including the accounts and other relevant records of the national biodiversity fund and prepare an annual statement of account in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the national biodiversity authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the national biodiversity authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the national biodiversity authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the national biodiversity authority. 4 the accounts of the national biodiversity authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report there on shall be forwarded annually to the central government.

section 25. of the biological diversity act : the provisions of sections 9 to 17 shall apply to a state biodiversity board and shall have effect subject to the following modifications, namely: a references to the central government shall be construed as references to the state government b references to the national biodiversity authority shall be construed as references to the state biodiversity board c reference to the consolidated fund of india shall be construed as reference to the consolidated fund of the state.

section 26. of the biological diversity act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the national biodiversity authority by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 30. of the biological diversity act : the central government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before each house of parliament.

section 27. of the biological diversity act : 1 there shall be constituted a fund to be called the national biodiversity fund and there shall be credited thereto a any grants and loans made to the national biodiversity authority under section 26 b all charges and royalties received by the national biodiversity authority under this act and c all sums received by the national biodiversity authority from such other sources as may be decided upon by the central government. 2 the fund shall be applied for a channeling benefits to the benefit claimers b conservation and promotion of biological resources and development of areas from where such biological resources or knowledge associated thereto has been accessed c socioeconomic development of areas referred to in clause b in consultation with the local bodies concerned.

section 28. of the biological diversity act : the national biodiversity authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and furnish, to the central government, before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.

section 23. of the biological diversity act : the functions of the state biodiversity board shall be to a advise the state government, subject to any guidelines issued by the central government, on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilisation of biological resources b regulate by granting of approvals or otherwise requests for commercial utilisation or biosurvey and bioutilisation of any biological resource by indians c perform such other functions as may be necessary to carry out the provisions of this act or as may be prescribed by the state government.

section 31. of the biological diversity act : the state government may, after due appropriation made by the state legislature by law in this behalf, pay to the state biodiversity board by way of grants or loans such sums of money as the state government may think fit for being utilised for the purposes of this act.

section 38. of the biological diversity act : without prejudice to the provisions of any other law for the time being in force, the central government, in consultation with the concerned state government, may from time to time notify any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species.

section 33. of the biological diversity act : the state biodiversity board shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the state government.

section 32. of the biological diversity act : 1 there shall be constituted a fund to be called the state biodiversity fund and there shall be credited thereto a any grants and loans made to the state biodiversity board under section 31 b any grants or loans made by the national biodiversity authority c all sums received by the state biodiversity board from such other sources as may be decided upon by the state government. 2 the state biodiversity fund shall be applied for a the management and conservation of heritage sites b compensating or rehabilitating any section of the people economically affected by notification under subsection 1 of section 37 c conservation and promotion of biological resources d socioeconomic development of areas from where such biological resources or knowledge associated thereto has been accessed subject to any order made under section 24, in consultation with the local bodies concerned e meeting the expenses incurred for the purposes authorised by this act.

section 36., for conservation, etc. of the biological diversity act : 1 the central government shall develop national strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity including measures for identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, conservation of biological resources, incentives for research, training and public education to increase awareness with respect to biodiversity. 2 where the central government has reason to believe that any area rich in biological diversity, biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned state government to take immediate ameliorative measures, offering such state government any technical and other assistance that is possible to be provided or needed. 3 the central government shall, as far as practicable wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant sectoral or crosssectoral plans, programmes and policies. 4 the central government shall undertake measure, i wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on biological diversity, with a view to avoid or minimise such effects and where appropriate provide for public participation in such assessment ii to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health. 5 the central government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the national biodiversity authority through such measures, which may include registration of such knowledge at the local, state or national levels, and other measures for protection, including sui generis system. explanation. for the purposes of this section, a ex situ conservation means the conservation of components of biological diversity outside their natural habitats b in situ conservation means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.

section 35. of the biological diversity act : the state government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before the house of state legislature.

section 34. of the biological diversity act : the accounts of the state biodiversity board shall be maintained and audited in such manner as may, in consultation with the accountantgeneral of the state, be prescribed and the state biodiversity board shall furnish, to the state government, before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.

section 37. of the biological diversity act : 1 without prejudice to any other law for the time being in force, the state government may, from time to time in consultation with the local bodies, notify in the official gazette, areas of biodiversity importance as biodiversity heritage sites under this act. 2 the state government, in consultation with the central government, may frame rules for the management and conservation of all the heritage sites. 3 the state government shall frame schemes for compensating or rehabilitating any person or section of people economically affected by such notification.

section 39. of the biological diversity act : 1 the central government may, in consultation with the national biodiversity authority, designate institutions as repositories under this act for different categories of biological resources. 2 the repositories shall keep in safe custody the biological material including voucher specimens deposited with them. 3 any new tax on discovered by any person shall be notified to the repositories or any institution designated for this purpose and he shall deposit the voucher specimens with such repository or institution.

section 40. of the biological diversity act : show related subordinates notwithstanding anything contained in this act, the central government may, in consultation with the national biodiversity authority, by notification in the official gazette, declare that the provisions of this act shall not apply to any items, including biological resources normally traded as commodities.

section 41. of the biological diversity act : 1 every local body shall constitute a biodiversity management committee within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity. explanation. for the purposes of this subsection, a cultivar means a variety of plant that has originated and persisted under cultivation or was specifically bred for the purpose of cultivation b folk variety means a cultivated variety of plant that was developed, grown and exchanged informally among farmers c landrace means primitive cultivar that was grown by ancient farmers and their successors. 2 the national biodiversity authority and the state biodiversity boards shall consult the biodiversity management committees while taking any decision relating to the use of biological resources and knowledge associated with such resources occurring within the territorial jurisdiction of the biodiversity management committee. 3 the biodiversity management committees may levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.

section 42. of the biological diversity act : the state government may, after due appropriation made by state legislature by law in this behalf, pay to the local biodiversity funds by way of grants or loans such sums of money as the state government may think fit for being utilised for the purposes of this act.

section 43. of the biological diversity act : 1 there shall be constituted a fund to be called the local biodiversity fund at every area notified by the state government where any institution of selfgovernment is functioning and there shall be credited thereto a any grants and loans made under section 42 b any grants or loans made by the national biodiversity authority c any grants or loans made by the state biodiversity boards d fees referred to in subsection 3 of section 41 received by the biodiversity management committees e all sums received by the local biodiversity fund from such other sources as may be decided upon by the state government.

section 48. of the biological diversity act : 1 without prejudice to the foregoing provisions of this act, the national biodiversity authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the national biodiversity authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 44. of the biological diversity act : 1 subject to the provisions of subsection 2, the management and the custody of the local biodiversity fund and the purposes for which such fund shall be applied, be in the manner as may be prescribed by the state government. 2 the fund shall be used for conservation and promotion of biodiversity in the areas falling within the jurisdiction of the concerned local body and for the benefit of the community in so far such use is consistent with conservation of biodiversity.

section 45. of the biological diversity act : the person holding the custody of the local biodiversity fund shall prepare, in such form and during each financial year at such time as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the concerned local body.

section 46. of the biological diversity act : the accounts of the local biodiversity fund shall be maintained and audited in such manner as may, in consultation with the accountantgeneral of the state, be prescribed and the person holding the custody of the local biodiversity fund shall furnish, to the concerned local body, before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.

section 47., of biodiversity management committee to be submitted to district magistrate. of the biological diversity act : every local body constituting a biodiversity management committee under subsection 1 of section 41, shall cause, the annual report and audited copy of accounts together with auditors report thereon referred to in sections 45 and 46, respectively and relating to such committee to be submitted to the district magistrate having jurisdiction over the area of the local body.

section 49. of the biological diversity act : 1 without prejudice to the foregoing provisions of this act, the state biodiversity board shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the state government may give in writing to it from time to time: provided that the state biodiversity board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the state government whether a question is one of policy or not shall be final.

section 51., of national biodiversity authority and state biodiversity board deemed to be public servants. of the biological diversity act : all members, officers and other employees of the national biodiversity authority or the state biodiversity board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 50. of the biological diversity act : 1 if a dispute arises between the national biodiversity authority and a state biodiversity board, the said authority or the board, as the case may be, may prefer an appeal to the central government within such time as may be prescribed. 2 every appeal made under subsection 1 shall be in such form as may be prescribed by the central government. 3 the procedure for disposing of an appeal shall be such as may be prescribed by the central government: provided that before disposing of an appeal, the parties shall be given a reasonable opportunity of being heard. 4 if a dispute arises between the state biodiversity boards, the central government shall refer the same to the national biodiversity authority. 5 while adjudicating any dispute under subsection 4, the national biodiversity authority shall be guided by the principles of natural justice and shall follow such procedure as may be prescribed by the central government. 6 the national biodiversity authority shall have, for the purposes of discharging its functions under this section, the same powers as are vested in a civil court under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g setting aside any order of dismissal of any application for default or any order passed by it ex parte h any other matter which may be prescribed. 7 every proceeding before the national biodiversity authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of and the national biodiversity authority shall be deemed to be a civil court for all the purposes of section 195 and chapter xxv1 of the code of criminal procedure, 2 of .

section 55. of the biological diversity act : 1 whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section 4 or section 6 shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused exceeds ten lakh rupees such fine may commensurate with the damage caused, or with both. 2 whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 7 or any order made under subsection 2 of section 24 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.

section 52a. of the biological diversity act : 1 52a. appeal to national green tribunal.any person aggrieved by any determination of benefit sharing or order of the national biodiversity authority or a state biodiversity board under this act, on or after the commencement of the national green tribunal act, 19 of , may file an appeal to the national green tribunal establishment under section 3 of the national green tribunal act, , in accordance with the provisions of that act. 1 ins. by act of 19 of , s. 36 and schedule iii w. e. f. .

section 52. of the biological diversity act : any person, aggrieved by any determination of benefit sharing or order of the national biodiversity authority or a state biodiversity board under this act, may file an appeal to the high court within thirty days from the date of communication to him, of the determination or order of the national biodiversity authority or the state biodiversity board, as the case may be: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 1provided further that nothing contained in this section shall apply on and from the commencement of the national green tribunal act, 19 of : provided also that any appeal pending before the high court, before the commencement of the national green tribunal act, 19 of , shall continue to be heard and disposed of by the high court as if the national green tribunal had not been established under section 3 of the national green tribunal act, . 1 ins. by act of 19 of , s. 36 and schedule iii w. e. f. .

section 54. of the biological diversity act : no suit, prosecution or other legal proceedings shall lie against the central government or the state government or any officer of the central government or state government or any member, officer or employee of the national biodiversity authority or the state biodiversity board for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 53. of the biological diversity act : every determination of benefit sharing or order made by the national biodiversity authority or a state biodiversity board under this act or the order made by the high court in any appeal against any determination or order of the national biodiversity authority or a state biodiversity board shall, on a certificate issued by any officer of the national biodiversity authority or a state biodiversity board or the registrar of the high court, as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court. explanation.for the purposes of this section and section 52, the expression state biodiversity board includes the person or group of persons to whom the powers or functions under subsection 2 of section 22 have been delegated under the proviso to that subsection and the certificate relating to such person or group of persons under this section shall be issued by such person or group of persons, as the case may be.

section 56. of the biological diversity act : if any person contravenes any direction given or order made by the central government, the state government, the national biodiversity authority or the state biodiversity board for which no punishment has been separately provided under this act, he shall be punished with a fine which may extend to one lakh rupees and in case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the case of continuous contravention with additional fine which may extend to two lakh rupees every day during which the default continues.

section 58. of the biological diversity act : the offences under this act shall be cognizable and nonbailable.

section 61. of the biological diversity act : no court shall take cognizance of any offence under this act except on a complaint made by a the central government or any authority or officer authorised in this behalf by that government or b any benefit claimer who has given notice of not less than thirty days in the prescribed manner, of such offence and of his intention to make a complaint, to the central government or the authority or officer authorised as aforesaid.

section 57. of the biological diversity act : 1 where an offence or contravention under this act has been committed by a company, every person who at the time the offence or contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention. 2 notwithstanding anything contained in subsection 1, where an offence or contravention under this act has been committed by a company and it is proved that the offence or contravention has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 59. of the biological diversity act : the provisions of this act shall be in addition to, and not in derogation of, the provisions in any other law, for the time being in force, relating to forests or wildlife.

section 60. of the biological diversity act : the central government may give directions to any state government as to the carrying into execution in the state of any of the provisions of this act or of any rule or regulation or order made thereunder.

section 65. of the biological diversity act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament.

section 62. of the biological diversity act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a terms and conditions of service of the chairperson and members under section 9 b powers and duties of the chairperson under section 10 c procedure under subsection 1 of section 12 in regard to transaction of business at meetings d form of application and payment of fees for undertaking certain activities under subsection 1 of section 19 e the form and manner of making an application under subsection 2 of section 19 f form of application and the manner for transfer of biological resource or knowledge under subsection 2 of section 20 g form in which, and the time of each financial year at which, the annual report of the national biodiversity authority shall be prepared and the date before which its audited copy of accounts together with auditors report thereon shall be furnished under section 28 h form in which the annual statement of account shall be prepared under subsection 1 of section 29 i the time within which and the form in which, an appeal may be preferred, the procedure for disposing of an appeal and the procedure for adjudication, under section 50 j the additional matter in which the national biodiversity authority may exercise powers of the civil court under clause h of subsection 6 of section 50 k the manner of giving notice under clause b of section 61 l any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. 3 every rule made under this section and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session or a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 64. of the biological diversity act : show related subordinates the national biodiversity authority shall, with the previous approval of the central government, by notification in the official gazette, make regulations for carrying out the purposes of this act.

section 63. of the biological diversity act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the other functions to be performed by the state biodiversity board under clause c of section 23 b the form in which the prior intimation shall be given under subsection 1 of section 24 c the form in which, and the time of each financial year at which, the annual report shall be prepared under section 33 d the manner of maintaining and auditing the accounts of the state biodiversity board and the date before which its audited copy of the accounts together with auditors report thereon shall be furnished under section 34 e management and conservation of national heritage sites under section 37 f the manner of management and custody of the local biodiversity fund and the purposes for which such fund shall be applied under subsection 1 of section 44 g the form of annual report and the time at which such report shall be prepared during each financial year under section 45 h the manner of maintaining and auditing the accounts of the local biodiversity fund and the date before which its audited copy of the accounts together with auditors report thereon shall be furnished under section 46 i any other matter which is to be, or may be, specified. 3 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house.

section 8. of the dadra and nagar haveli act : save as otherwise provided in this act all laws in force in free dadra and nagar haveli immediately before the appointed day shall continue to be in force until repealed or amended by parliament or other competent authority.

section 1. of the dadra and nagar haveli act : show related subordinates 1 this act may be called the dadra and nagar haveli act, . 2 it extends to the whole of the union territory of dadra and nagar haveli. 3 it shall be deemed to have come into force on the 11th day of august, .

section 3. of the dadra and nagar haveli act : show related subordinates 1 there shall be allotted one seat to the union territory of dadra and nagar haveli in the house of the people. 2 in the representation of the people act, 43 of , a in section 4, in subsection 1, after the words to the laccadive, minicoy and amindivi islands. the words , to dadra and nagar haveli shall be inserted: b in the first schedule, i after entry 21, the following entry shall be inserted, namely: 22. dadra and nagar haveli..........1 ii entries 22 and 23 shall be renumbered as entries 23 and 24 respectively. 3 in the representation of the people act, 43 of , in section 4, after the words to the laccadive, minicoy and amindivi islands, the words , to dadra and nagar haveli shall be inserted.

section 7. of the dadra and nagar haveli act : all rights, liabilities and obligations of the varishta panchayat or the administrator of free dadra and nagar haveli in relation to free dadra and nagar haveli shall, as from the appointed day, be the rights, liabilities and obligations of the central government.

section 4. of the dadra and nagar haveli act : 1 until other provision is made by law, as from the commencement of this act the varishta panchayat shall have the right to discuss and make recommendations to the administrator on, a matters of administration involving general policy and schemes of development b any other matter referred to it by the administrator. 2 the functions of the varishta panchayat referred to in this section will be advisory only but due regard shall be given to such advice by the administrator in reaching decisions on the matter in relation to which the advice is given. 3 no act or proceeding of the varishta panchayat shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. 4 every member of the varishta panchayat shall before entering upon his duties under this act make and subscribe before the administrator an oath or affirmation in the following form, namely: i, a.b., a member of the varishta panchayat of the union territory of dadra and nagar haveli, do swear in the name of god that i will bear true faith and allegiance to the constitution of india solemly affirm as by law established and that i will faithfully discharge the duty upon which i am about to enter..

section 9. of the dadra and nagar haveli act : show related subordinates all taxes, duties, cesses or fees which, immediately before the appointed day, were being lawfully levied in free dadra and nagar haveli or any part thereof shall continue to be levied and to be applied to the same purposes, until other provisions is made by parliament or other competent authority.

section 10. of the dadra and nagar haveli act : show related subordinates the central government may, by notification in the official gazette, extend with such restrictions or modifications as it thinks fit, to dadra and nagar haveli any enactment which is in force in a state at the date of the notification.

section 2. of the dadra and nagar haveli act : show related subordinates in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of dadra and nagar haveli appointed by the president under article 239 of the constitution b appointed day means the eleventh day of august, c dadra and nagar haveli means the union territory of dadra and nagar haveli d varishta panchayat means the varishta panchayat as in existence immediately before the appointed day.

section 12. of the dadra and nagar haveli act : show related subordinates for the purpose of facilitating the application of any law in dadra and nagar haveli, any court or other authority may construe any such law with such alterations not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

section 5. of the dadra and nagar haveli act : show related subordinates without prejudice to the powers of the central government to appoint from time to time such officers and authorities as may be necessary for the administration of dadra and nagar haveli, all judges, magistrates and other officers and authorities who immediately before the appointed day were exercising lawful functions in free dadra and nagar haveli or any part thereof shall, until other provision is made by law, continue to exercise in connection with the administration of dadra and nagar haveli their respective functions in the same manner and to the same extent as before the appointed day.

section 14. of the dadra and nagar haveli act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner in which casual vacancies in the varishta panchayat may be filled b the meetings of the varishta panchayat, the conduct of business and the procedure to be followed at such meetings c any other matter which has to be, or may be, prescribed. 3 every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the first schedule, for centain words w.e.f.

section 6. of the dadra and nagar haveli act : it is hereby declared that all property and assets which immediately before the appointed day vested in the varishta panchayat or the administrator of free dadra and nagar haveli shall, as from that day, vest in the union.

section 11. of the dadra and nagar haveli act : show related subordinates as from such date as the central government may, by notification in the official gazette, specify the jurisdiction of the high court at bombay shall extend to dadra and nagar haveli.

section 13. of the dadra and nagar haveli act : 1 if any difficulty arises in giving effect to the provisions of this act or in connection with the administration of dadra and nagar haveli, the central government may, by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty. 2 any order under subsection 1 may be made so as to be retrospective to any date not earlier than the appointed day.

section 6. of the maternity benefit act : 1 any woman employed in an establishment and entitled to maternity benefit under the provisions of this act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit. 2 in the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery. 3 any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery. 14 on receipt of the notice, the employer shall permit such woman to absent herself from the establishment during the period for which she receives the maternity benefit. 5 the amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within fortyeight hours of production of such proof as may be prescribed that the woman has been delivered of a child. 6 the failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this act if she is otherwise entitled to such benefit or amount and in any such case an inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order. 1. subs. by act 61 of , s. 5, for subsection 4 w.e.f. .

section 1. of the maternity benefit act : show related subordinates 1 this act may be called the maternity benefit act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as may be notified in this behalf in the official gazette, 3a in relation to mines and to any other establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, by the central government and b in relation to other establishments in a state, by the state government. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. . 2. 1st november, , vide notification no. s.o. e, dated 5th october, , see gazette of india, extraordinary, part ii, sec. 3 ii. 3. subs. by act 52 of , s. 2, for clause a w.e.f. .

section 5b. of the maternity benefit act : 15b. payment of maternity benefit in certain cases.every woman a who is employed in a factory or other establishment to which the provisions of the employees state insurance act, 34 of , apply b whose wages excluding remuneration for overtime work for a month exceed the amount specified in subclause b of clause 9 of section 2 of that act and c who fulfils the conditions specified in subsection 2 of section 5, shall be entitled to the payment of maternity benefit under this act. 1. ins. by act 53 of , s. 3 w.e.f. .

section 7. of the maternity benefit act : if a woman entitled to maternity benefit or any other amount under this act, dies before receiving such maternity benefit or amount, or where the employer is liable for maternity benefit under the second proviso to subsection 3 of section 5, the employer shall pay such benefit or amount to the person nominated by the woman in the notice given under section 6 and in case there is no such nominee, to her legal representative.

section 4. of the maternity benefit act : 1 no employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery 1, miscarriage or medical termination of pregnancy. 2 no woman shall work in any establishment during the six weeks immediately following the day of her delivery 1, miscarriage or medical termination of pregnancy. 3 without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in subsection 4 any work which is of an arduous nature or which involves long hours of standing, or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health. 4 the period referred to in subsection 3 shall be a the period of one month immediately preceding the period of six weeks, before the date of her expected delivery b any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6. 1. subs. by act 29 of , s. 3, for or her miscarriage w.e.f. .

section 2. of the maternity benefit act : 11 it applies, in the first instance, a to every establishment being a factory, mine or plantation including any such establishment belonging to government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances b to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months: provided that the state government may, with the approval of the central government, after giving not less than two months notice of its intention of so doing, by notification in the official gazette, declare that all or any of the provisions of this act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. 2 2save as otherwise provided in 3sections 5a and 5b, nothing contained in this act shall apply to any factory or other establishment to which the provisions of the employees state insurance act, 34 of , apply for the time being. 1. subs. by act 61 of , s. 2, for the opening paragraph w.e.f. . 2. subs. by act 21 of , s. 2, for nothing contained in this act w.e.f. . 3. subs. by act 53 of , s. 2, for section 5a w.e.f. .

section 8. of the maternity benefit act : 18. payment of medical bonus.1 every woman entitled to maternity benefit under this act shall shall also be entitled to receive from her employer a medical bonus of one thousand rupees, if no prenatal confinement and postnatal care is provided for by the employer free of charge. 2 the central government may before every three years, by notification in the official gazette, increase the amount of medical bonus subject to the maximum of twenty thousand rupees. 1. subs. by act 15 of , s. 2, for section 8 w.e.f. .

section 3. of the maternity benefit act : in this act, unless the context otherwise requires, a appropriate government means, in relation to an establishment being a mine, 1or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, the central government and in relation to any other establishment, the state government b child includes a stillborn child 2ba commissioning mother means a biological mother who uses her egg to create an embryo implanted in any other woman c delivery means the birth of a child d employer means i in relation to an establishment which is under the control of the government, a person or authority appointed by the government for the supervision and control of employees or where no person or authority is so appointed, the head of the department ii in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority iii in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person 3e establishment means i a factory ii a mine iii a plantation iv an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances 4 5iva a shop or establishment or v an establishment to which the provisions of this act have been declared under subsection 1 of section 2 to be applicable f factory means a factory as defined in clause m of section 2 of the factories act, 63 of g inspector means an inspector appointed under section 14 h maternity benefit means the payment referred to in subsection 1 of section 5 6ha medical termination of pregnancy means the termination of pregnancy permissible under the provisions of medical termination of pregnancy act, 34 of i mine means a mine as defined in clause j of section 2 of the mines act, 35 of j miscarriage means expulsion of the contents of a pregnant uterus at any period prior to or during the twentysixth week of pregnancy but does not include any miscarriage, the causing of which is punishable under the indian penal code 45 of k plantation means a plantation as defined in clause f of section 2 of the plantations labour act, 69 of l prescribed means prescribed by rules made under this act m state government, in relation to a union territory, means the administrator thereof n wages means all remuneration paid or payable in cash to a woman, if the terms of the contract of employment, express or implied, were fulfilled and includes 1 such cash allowances including dearness allowance and house rent allowance as a woman is for the time being entitled to 2 incentive bonus and 3 the money value of the concessional supply of foodgrains and other articles, but does not include i any bonus other than incentive bonus ii overtime earnings and any deduction or payment made on account of fines iii any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force and iv any gratuity payable on the termination of service o woman means a woman employed, whether directly or through any agency, for wages in any establishment. 1. ins. by act 52 of , s. 4 w.e.f. . 2. ins. by act 6 of , s. 2 w.e.f. . 3. subs. by act 52 of , s. 4, for clause e w.e.f. . 4. the word or omitted by act 61 of , s. 3 w.e.f. . 5. ins. by s. 3, ibid. w.e.f. . 6. ins. by act 29 of , s. 2 w.e.f. .

section 5. of the maternity benefit act : 11 subject to the provisions of this act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day. explanation.for the purpose of this subsection, the average daily wage means the average of the womans wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, 2the minimum rate of wage fixed or revised under the minimum wages act, 11 of or ten rupees, whichever is the highest. 2 no woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than 3eighty days in the twelve months immediately preceding the date of her expected delivery: provided that the qualifying period of 4eighty days aforesaid shall not apply to a woman who has immigrated into the state of assam and was pregnant at the time of the immigration. explanation.for the purpose of calculating under this subsection the days on which a woman has actually worked in the establishment, 5the days for which she has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account. 63 the maximum period for which any woman shall be entitled to maternity benefit shall be 7twentysix weeks of which not more than eight weeks shall precede the date of her expected delivery: 8provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery: 9provided further that where a woman dies during this period, the maternity benefit shall be payable payable only for the days up to and including the day of her death: 10 11provided also that where a woman, having been delivered of a child, dies during her delivery or during the period immediately following the date of her delivery for which she is entitled for the maternity benefit, leaving behind in either case the child, the employer shall be liable for the maternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. 124 a woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be. 5 in case where the nature of work assigned to a woman is of such nature that she may work from home, the employer may allow her to do so after availing of the maternity benefit for such period and on such conditions as the employer and the woman may mutually agree. state amendment assam amendment of section 5 of central act 53 of as amended by assam act 12 of .in the explanation appended to subsection 1 of section 5 of the principal act, as amended by the assam act 12 of , the word six appearing after the words multiplied by shall be substituted by the word seven. vide assam act, 2 of , s. 2. 1. subs. by act 61 of , s. 4, for the opening paragraph w.e.f. . 2. subs. by s. 4, ibid., for or one rupee a day, whichever is higher. w.e.f. . 3. subs. by s. 4, ibid., for one hundred and sixty days w.e.f. . 4. subs. by act 61 of , s. 4, for one hundred and sixty days w.e.f. . 5. subs. by, s. 4, ibid., for the days for which she has been laid off w.e.f. . 6. subs. by s. 4, ibid., for subsection 3 w.e.f. . 7. subs. by act 6 of , s. 3 for twelve weeks of which not more than six weeks w.e.f. . 8. ins. by s. 3, ibid w.e.f. . 9. subs. by s. 3, ibid., for provided that w.e.f. . 10. subs. by act 61 of , s. 4, for the second proviso w.e.f. . 11. subs. by act 6 of , s. 3 for provided further that w.e.f. . 12. ins. by, s. 3., ibid w.e.f. .

section 5a. of the maternity benefit act : 15a. continuance of payment of maternity benefit in certain cases.every woman entitled to the payment of maternity benefit under this act shall, notwithstanding the application of the employees state insurance act, 34 of , to the factory or other establishment in which she is employed, continue to be so entitled until she becomes qualified to claim maternity benefit under section 50 of that act. 1. ins. by act 21 of , s. 3 w.e.f. .

section 9. of the maternity benefit act : 19. leave for miscarriage, etc.in case of miscarriage or medical termination of pregnancy, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. 1. subs. by act 29 of , s. 4, for section 9 w.e.f. .

section 9a. of the maternity benefit act : 19a. leave with wages for tubectomy operation.in case of tubectomy operation, a woman shall, shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of two weeks immediately following the day of her tubectomy operation. 1. ins. by s. 5, ibid. w.e.f. .

section 14. of the maternity benefit act : the appropriate government may, by notification in the official gazette, appoint such officers as it thinks fit to be inspectors for the purposes of this act and may define the local limits of the jurisdiction within which they shall exercise their functions under this act.

section 10. of the maternity benefit act : 10. leave for illness arising out of pregnancy, delivery, premature birth of child 2, miscarriage, miscarriage, medical termination of pregnancy or tubectomy operation.a woman suffering from illness arising out of pregnancy, delivery, premature birth of child 1, miscarriage, medical termination of pregnancy or tubectomy operation shall, on production of such proof as may be prescribed, be entitled, in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month. 1. ins. by s. 5, ibid. w.e.f. . 2. subs. by s. 6, ibid., for or miscarriage w.e.f. .

section 11. of the maternity benefit act : every woman delivered of a child who returns to duty after such delivery shall, in addition to the interval for rest allowed to her, be allowed in the course of her daily work two breaks of the prescribed duration for nursing the child until the child attains the age of fifteen months.

section 11a. of the maternity benefit act : 111a. crche facility.1 every establishment having fifty or more employees shall have the facility of crche within such distance as may be prescribed, either separately or along with common facilities: provided that the employer shall allow four visits a day to the creche by the woman, which shall also include the interval for rest allowed to her. 2 every establishment shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the act. 1. ins. by act 6 of , s. 4 w.e.f. .

section 12. of the maternity benefit act : 1 when a woman absents herself from work in accordance with the provisions of this act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service. 2 a the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both. 1b any woman deprived of maternity benefit or medical bonus, or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final. c nothing contained in this subsection shall affect the provisions contained in subsection 1. 1. subs. by act 61 of , s. 7, for clause b w.e.f. .

section 13. of the maternity benefit act : no deduction from the normal and usual daily wages of a woman entitled to maternity benefit under the provisions of this act shall be made by reason only of a the nature of work assigned to her by virtue of the provisions contained in subsection 3 of section 4 or b breaks for nursing the child allowed to her under the provisions of section 11.

section 15. of the maternity benefit act : an inspector may, subject to such restrictions or conditions as may be prescribed, exercise all or any of the following powers, namely: a enter at all reasonable times with such assistants, if any, being persons in the service of the government or any local or other public authority, as he thinks fit, any premises or place where woman are employed or work is given to them in an establishment, for the purposes of examining any registers, records and notices required to be kept or exhibited by or under this act and required their production for inspection b examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself c require the employer to give information regarding the names and addresses of women employed, payments made to them, and applications or notices received from them under this act and d take copies of any registered and records or notices or any portions thereof.

section 22. of the maternity benefit act : whoever fails to produce on demand by the inspector any register or document in his custody kept in pursuance of this act or the rules made thereunder or conceals or prevents any person from appearing before or being examined by an inspector shall be punishable with imprisonment 1which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 1. subs. by act 61 of , s. 10, for which may extend to three months, or with fine which may extend to five hundred rupees w.e.f. .

section 16. of the maternity benefit act : every inspector appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 18. of the maternity benefit act : if a woman works in any establishment after she has been permitted by her employer to absent herself under the provisions of section 6 for any period during such authorised absence, she shall forfeit her claim to the maternity benefit for such period.

section 17. of the maternity benefit act : 11 any woman claiming that a maternity benefit or any other amount to which she is entitled under this act and any person claiming that payment due under section 7 has been improperly withheld b her employer has discharged or dismissed her during or on account of her absence from work in accordance with the provisions of this act, may make a complaint to the inspector. 2 the inspector may, of his own motion or on receipt of a complaint referred to in subsection 1, make an inquiry or cause an inquiry to be made and if satisfied that a payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders b she has been discharged or dismissed during or on account of her absence from work in accordance with the provisions of this act, may pass such orders as are just and proper according to the circumstances of the case. 3 any person aggrieved by the decision of the inspector under subsection 2 may, within thirty days from the date on which such decision is communicated to such persons, appeal to the prescribed authority. 4 the decision of the prescribed authority where an appeal has been preferred to it under subsection 3 or of the inspector where no such appeal has been preferred, shall be final. 25 any amount payable under this section shall be recoverable by the collector on a certificate issued for that amount by the inspector as an arrear of land revenue. 1. subs. by act 61 of , s. 8, for subsections 1 and 2 w.e.f. . 2. subs. by s. 8, ibid., for subsection 5 w.e.f. .

section 19. of the maternity benefit act : an abstract of the provisions of this act and the rules made thereunder in the language or languages of the locality shall be exhibited in a conspicuous place by the employer in every part of the establishment in which women are employed.

section 20. of the maternity benefit act : every employer shall prepare and maintain such registers, records and musterrolls and in such manner as may be prescribed.

section 21. of the maternity benefit act : 121. penalty for contravention of act by employer.1 if any employer fails to pay any amount of maternity benefit to a woman entitled under this act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of this act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees: provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. 2 if any employer contravenes the provisions of this act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both: provided that where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall, in addition, recover such maternity benefit or amount as if it were a fine and pay the same to the person entitled thereto. 1. subs. by s. 9, ibid for section 21 w.e.f. .

section 23. of the maternity benefit act : 123. cognizance of offences.1 any aggrieved woman, an officebearer of a trade union registered under the trade unions act, 16 of of which such woman is a member or a voluntary organisation registered under the societies registration act, 21 of or an inspector, may file a complaint regarding the commission of an offence under this act in any court of competent jurisdiction and no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed. 2 no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this act. 1. subs. by s. 11, ibid., for section 23 w.e.f. .

section 30. of the maternity benefit act : on the application of this act i to mines, the mines maternity benefit act, 19 of and ii to factories situate in the union territory of delhi, the bombay maternity benefit act, bom. act vii of , as in force in that territory, shall stand repealed.

section 24. of the maternity benefit act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or order made thereunder.

section 25. of the maternity benefit act : the central government may give such directions as it may deem necessary to a state government regarding the carrying into execution of the provisions of this act and the state government shall comply with such directions.

section 26. of the maternity benefit act : if the appropriate government is satisfied that having regard to an establishment or a class of establishments providing for the grant of benefits which are not less favourable than those provided in this act, it is necessary so to do, it may, by notification in the official gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the notification, the establishment or class of establishments from the operation of all or any of the provisions of this act or of any rule made thereunder.

section 29. of the maternity benefit act : in section 32 of the plantations labour act, . a in subsection 1, the letter and brackets a before the words in the case of sickness, the word and after the words sickness allowance and clause b shall be omitted b in subsection 2, the words or maternity shall be omitted.

section 27. of the maternity benefit act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this act: provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter which are more favourable to her than those to which she would be entitled under this act.

section 28. of the maternity benefit act : 1 the appropriate government may, subject to the condition of previous publication and by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the preparation and maintenance of registers, records and musterrolls b the exercise of powers including the inspection of establishments and the performance of duties by inspectors for the purposes of this act c the method of payment of maternity benefit and other benefits under this act in so far as provision has not been made therefor in this act d the form of notices under section 6 e the nature of proof required under the provisions of this act f the duration of nursing breaks referred to in section 11 g acts which may constitute gross misconduct for purposes of section 12 h the authority to which an appeal under clause b of subsection 2 of section 12 shall lie the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof i the authority to which an appeal shall lie against the decision of the inspector under section 17 the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof j the form and manner in which complaints may be made to inspectors under subsection 1 of section 17 and the procedure to be followed by them when making inquiries or causing inquiries to be made under subsection 2 of that section k any other matter which is to be, or may be, prescribed. 3 every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 1or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 52 of , s. 5, for certain words w.e.f. .

section 8. of the auroville foundation act : 1 on the vesting of the management of the undertakings in the foundation or on the appointment of a custodian under section 7, all persons in charge of the management of the undertakings immediately before such vesting or appointment shall be bound to deliver to the foundation or custodian, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the custodian as to the powers and duties of the custodian and such custodian may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings shall be conducted or in relation to any other matter arising in the course of such management. 3 any person, who on the appointed day, has in his possession or under his control, any books, documents or other papers relating to the undertakings shall be liable to account for the said books, documents or other papers to the central government or the foundation, as the case may be, and shall deliver them up to the central government or the foundation or to such person or body of persons as the central government or the foundation may specify in this behalf. 4 the central government or the foundation may take or cause to be taken, all necessary steps for securing possession of all undertakings which have vested in the central government or the foundation under this act. 5 the society, trust or body shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its properties and assets, as on the appointed day pertaining to the undertakings and, for this purpose, the central government or the foundation shall afford to the society, trust or body all reasonable facilities.

section 1. of the auroville foundation act : show related subordinates this act may be called the auroville foundation act, .

section 2. of the auroville foundation act : show related subordinates in this act, unless the context otherwise requires, a appointed day means the date of commencement of this act b auroville means so much of the undertakings as form part of, or are relatable to, the cultural township which is known as auroville and the charter of which was proclaimed by the mother on the 28th day of february, c council means the auroville international advisory council constituted under subsection 1 of section 21 d custodian means the person who is appointed as the custodian under subsection 2 of section 7 in respect of the undertakings e foundation means the auroville foundation established under subsection 1 of section 10 f governing board means the governing board of the foundation constituted under subsection 1 of section 11 g notification means a notification published in the official gazette h prescribed means prescribed by rules made under this act i residents assembly means the residents assembly of the foundation j society means sri aurobindo society, being a society as defined in the west bengal societies registration act, west bengal act xxvi of , and having its registered office at calcutta in the state of west bengal k specified date means such date as the central government may, for the purpose of section 9, by notification, specify l trust or body means a trust or body specified in the schedule m undertakings means the undertakings of the society, trust or body which had vested in the central government under section 3.

section 7., of the undertakings. of the auroville foundation act : 1 the general superintendence, direction, control and management of the affairs of the undertakings, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 6, vest in the foundation or b where no such direction has been made by the central government, vest in a custodian appointed by the central government under subsection 2, and, thereupon, the foundation, or the custodian so appointed, as the case may be, shall be entitled to exercise all such powers and do all such things as the society, trust or body, as the case may be, is authorised to exercise and do in relation to its undertakings. 2 the central government may appoint any person as the custodian of the undertakings in relation to which no direction has been made by it under subsection 1 of section 6. 3 the custodian so appointed shall receive such remuneration as the central government may fix and shall hold office during the pleasure of the central government.

section 9. of the auroville foundation act : the central government or the foundation shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the society, trust or body in relation to its undertakings which have vested in the central government or the foundation, as the case may be, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.

section 3. of the auroville foundation act : on the appointed day, so much of the undertakings of the society, trust and body as form part of, or are relatable to auroville, and the right, title and interest of the society, trust and body, in relation to such undertakings, shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 4. of the auroville foundation act : 1 the undertakings vested under section 3 shall be deemed to include all the assets, rights, leaseholds, powers, authorities and privileges, and all property movable and immovable, including lands, buildings, works, workshops, projects, stores, instruments, machinery, automobiles and other vehicles, cash balances, funds, including reserve funds, investments and book debts of the society, trust or body as form part of, or are relatable to, auroville and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession, power or control of the society, trust or body, whether within or without india, and all books of account, registers, maps, plans and all other documents of whatever nature relating thereto. 2 all properties and assets as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them or of any attachment, injunction, decree or order of any court or other authority restricting the use of such properties or assets in any manner or appointing any receiver in respect of the whole or any part of such properties or assets shall be deemed to have been withdrawn. 3 any licence or other instrument granted to the society, trust or body in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before the appointed day, shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking or where the undertaking is directed under section 6 to vest in the foundation, the foundation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the foundation and the foundation shall hold it for the remainder of the period for which the society, trust or body would have held it under the terms thereof. 4 if, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property or asset which has vested in the central government under section 3, instituted or preferred by or against the society, trust or body is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the society, trust or body or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or where the undertakings of the society, trust or body are directed under section 6 to vest in the foundation, by or against the foundation.

section 10. of the auroville foundation act : 1 with effect from such date as the central government may, by notification, appoint in this behalf, there shall be established for the purpose of this act, a foundation, to be called the auroville foundation. 2 the foundation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the foundation shall consist of the following authorities, namely: a the governing board b the residents assembly c the auroville international advisory council.

section 5. of the auroville foundation act : every liability in relation to any undertaking in respect of any period prior to the appointed day shall be enforceable against the central government and not against the society, trust or body, or where the said undertakings are directed, under section 6, to vest in the foundation, against the foundation.

section 6. of the auroville foundation act : 1 notwithstanding anything contained in sections 3 and 4, the central government shall, as soon as may be after the appointed day, direct, by notification, that the undertakings and the right, title and interest of the society, trust or body in relation to such undertakings which had vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in the foundation either on the date of publication of the notification or on such earlier or later date as may be specified in the notification. 2 where the right, title and interest of the society, trust or body in relation to the undertakings vest, under subsection 1, in the foundation, the foundation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, the rights and liabilities, respectively, of the foundation.

section 14. of the auroville foundation act : 1 the governing board shall meet at least once a year at auroville at such time as may be fixed by the chairman of the governing board. 2 all the decisions at any meeting of the governing board shall be taken by a majority of the members present and voting: provided that in the case of equality of votes, the chairman of the governing board shall have a casting vote.

section 11. of the auroville foundation act : show related subordinates 1 the governing board shall consist of the following members, namely: i not more than seven members to be nominated by the central government from amongst persons, who have a rendered valuable service to auroville b dedicated themselves to the ideals of lifelong education, synthesis of material and spiritual researches or human unity c contributed significantly in activities that are being persued or are envisaged to be promoted in auroville, including activities relating to environment, afforestation, arts and crafts, industry, agriculture, humanities, sciences and integral yoga ii two representatives of the central government to be nominated by it. 2 the central government shall nominate a chairman of the governing board from amongst the members nominated by it under clause i of subsection 1. 3 the general superintendence, direction and management of the affairs of the foundation shall vest in the governing board which may exercise all the powers and discharge all the functions which may be exercised or discharged by the foundation. 4 the governing board may associate with itself in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the governing board relevant to the purposes for which he has been associated, but shall not have the right to vote. 5 no act or proceeding of the governing board or any committee appointed by it under section 16 shall be invalidated merely by reason of, a any vacancy in, or any defect in the constitution of, the governing board or such committee or b any defect in the nomination of a person acting as a member of the governing board or such committee or c any irregularity in the procedure of the governing board or such committee not affecting the merits of the case.

section 12. of the auroville foundation act : 1 subject to the provisions of this section, the term of office of the members of the governing board including the chairman shall be four years from the date of their nomination. 2 an outgoing member of the governing board shall be eligible for renomination. 3 the term of office of a member nominated to fill a casual vacancy in the governing board shall continue for the remainder of the term of the member in whose place he is nominated. 4 a member may resign his office by writing under his hand addressed to the central government but he shall continue in office until his resignation is accepted by that government.

section 13. of the auroville foundation act : the chairman of the governing board shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government.

section 18. of the auroville foundation act : show related subordinates 1 the residents assembly shall consist of all the residents of auroville who are for the time being entered in the register of residents maintained under this section. 2 the secretary to the governing board shall maintain the register of residents in such manner as may be prescribed and all the persons who are residents of auroville and who are of the age of eighteen years and above are entitled to have their names entered in the register on an application made to the secretary in such form as may be prescribed. 3 all the names of residents, which have been included in the register maintained by the administrator appointed under section 5 of the auroville emergency provisions act, 59 of immediately before the appointed day, shall be deemed to have been included in the register maintained under this section.

section 15. of the auroville foundation act : show related subordinates 1 the central government shall appoint a secretary to the foundation to exercise such powers and perform such duties under the chairman of the governing board as may be prescribed or as may be delegated to him by the chairman. 2 the secretary shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 3 subject to such control, restrictions and conditions as may be prescribed, the governing board may appoint such other officers and employees as may be necessary for the efficient performance of its functions. 4 the chairman, secretary and other officers and employees of the foundation shall not undertake any work unconnected with their duties under this act except with the permission of the central government.

section 20. of the auroville foundation act : show related subordinates 1 there shall be a working committee of the residents assembly which shall assist the residents assembly or, as the case may be, the governing board, in discharging its duties under this act. 2 the working committee shall consist of not more than seven members to be chosen by the residents assembly from among themselves. 3 the manner of choosing the members of the working committee and their term of office shall be such as may be decided by the residents assembly. 4 the working committee may, with the approval of the governing board, create or constitute other organisations, trusts, societies or associations relatable to auroville if the working committee is satisfied that such organisations, trusts, societies or associations have a their headquarters at auroville b declared than in all matters relating to auroville they shall act in conformity with the decisions of the governing board and that their main object is to promote the ideals laid down in the charter of auroville proclaimed by the mother on the 28th day of february, .

section 16. of the auroville foundation act : show related subordinates 1 the governing board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the governing board shall have the power to coopt as members of any committee appointed under subsection 1, such number of persons who are not members of the governing board as it may think fit, and the persons so coopted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee, but shall not have the right to vote.

section 17. of the auroville foundation act : show related subordinates the powers and functions of the governing board shall be a to promote the ideals of auroville and to coordinate activities and services of auroville in consultation with the residents assembly for the purposes of cohesion and integration of auroville b to review the basic policies and the programmes of auroville and give necessary directions for the future development of auroville c to accord approval to the programmes of auroville drawn up by the residents assembly d to monitor and review the activities of auroville and to secure proper management of the properties vested in the foundation under section 6 and other properties relatable to auroville e to prepare a masterplan of auroville in consultation with the residents assembly and to ensure development of auroville as so planned f to authorise and coordinate fundraising for auroville and to secure proper arrangements for receipts and disbursement of funds for auroville.

section 22. of the auroville foundation act : 1 the central government may, by notification and for reasons to be specified therein, direct that the foundation shall be dissolved from such date and for such period as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the foundation to make representation against the proposed dissolution and shall consider the representation, if any, of the foundation. 2 when the foundation is dissolved under the provisions of subsection 1, a all members of the governing board, notwithstanding that the terms of their office had not expired, shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the foundation shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all properties vested in the foundation shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the foundation shall be reconstituted in accordance with the provisions of this act.

section 19. of the auroville foundation act : show related subordinates 1 the residents assembly shall perform such functions as are required by this act and shall advise the governing board in respect of all activities relating to the residents of auroville. 2 in particular, and without prejudice to the foregoing powers, the residents assembly may a allow the admission or cause the termination of persons in the register of residents in accordance with the regulations made under section 32 b organise various activities relating to auroville c formulate the master plan of auroville and make necessary recommendations for the recognition of organisations engaged in activities relatable to auroville for the approval of the governing board d recommend proposals for raising funds for auroville for the approval of the governing board. 3 for the purpose of carrying of its functions, the residents assembly may establish such committees as it may consider necessary which shall represent it in relation to the functions to be performed by the governing board.

section 21. of the auroville foundation act : 1 the auroville international advisory council shall consist of not more than five members nominated by the central government. 2 the central government may nominate the members of the council from amongst persons who in its opinion are devoted to the ideals of human unity, peace and progress. 3 the council may, on its own motion or on a reference made to it by the governing board, advise the governing board on any matter relating to the development and management of auroville. 4 in tendering any advice to the governing board, the council shall endeavour to secure that a the ideals for which auroville has been established are encouraged, and b the residents of auroville are allowed freedom to grow and develop activities and institutions for the fulfilment of the aspirations and programmes envisaged in the said charter of auroville. 5 there shall be a chairman of the council who shall be elected by the members of the council from among themselves. 6 the term of office of, the method of filling casual vacancies among, and the allowances and other remuneration, if any, payable to, the members of the council, shall be such as may be determined by the central government. 7 the council shall have power to regulate its own procedure.

section 23. of the auroville foundation act : show related subordinates for the purpose of enabling the foundation to discharge its functions under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the foundation, in each financial year, such sums of money as that government considers necessary by way of grant, loan or otherwise.

section 29. of the auroville foundation act : a person who, a having in his possession, custody or control any property forming part of the undertakings of the society, trust or body, wrongfully withholds such property from the central government or, as the case may be, the foundation or any person or body of persons authorised by that government or the foundation or b wrongfully obtains possession of, or retains, any property forming part of any undertaking of the society, trust or body or wilfully withholds or fails to furnish to the central government or, as the case may be, the foundation or any person or body of persons authorised by that government or the foundation, any documents relating to such undertakings which may be in his possession, custody or control, or fails to deliver to the central government or, as the case may be, the foundation or any person or body of persons authorised by that government or the foundation any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings of the society, trust or body or c wrongfully removes or destroys any property forming part of the undertakings of the society, trust or body, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 25. of the auroville foundation act : subject to such rules as may be made in this behalf, the governing board shall have the power to borrow on the security of the properties of auroville or any other asset for carrying out the purposes of this act.

section 30. of the auroville foundation act : no suit, prosecution or other legal proceedings shall lie against the central government or any officer of that government or the custodian or any officer or other person authorised by that government or the foundation for anything which is in good faith done or intended to be done under this act.

section 24. of the auroville foundation act : 1 the governing board shall furnish to the central government at such time and in such form and manner as may be prescribed, or as the central government may direct, such returns and statements and such particulars as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the governing board shall, as soon as possible after the end of each financial year, submit to the central government a report in such form and before such date as may be prescribed giving a true and full account of its activities, policy and programmes during the previous year. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be, after it is received before each house of parliament.

section 26. of the auroville foundation act : 1 the governing board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the income and expenditure account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india. 2 the accounts of the foundation shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenses incurred in connection with such audit shall be payable by the foundation to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the foundation shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the officer of the foundation. 4 the accounts of the foundation, as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 27. of the auroville foundation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act, or in any decree or order of any court, tribunal or other authority.

section 28. of the auroville foundation act : every contract entered into by the society, trust or body in relation to its undertakings for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from that day, cease to have effect unless such contract is, before the expiry of the said period, ratified in writing by the central government or, as the case may be, the foundation, and in ratifying such contract, the central government or, as the case may be, the foundation may make such alterations or modifications therein as it may think fit: provided that the central government or, as the case may be, the foundation shall not omit to ratify a contract and shall not make any alteration or modification therein, a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or, as the case may be, the foundation and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for its refusal to ratify the contract or for making any alteration or modification therein.

section 31. of the auroville foundation act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which and the purpose for which any person may be associated with the governing board under subsection 4 of section 11 b the powers and duties which the secretary to the governing board may perform under subsection 1 of section 15 c the control, restrictions and conditions subject to which the governing board may appoint officers and employees under subsection 3 of section 15 d the manner in which the register of residents may be maintained under subsection 2 of section 18 e the time within which and the form and manner in which the governing board may furnish returns and reports under subsection 1 of section 24 f the form and the date before which the governing board shall submit reports to the central government under subsection 2 of section 24 g the rules subject to which the governing board shall have the power to borrow under section 25 h any other matter which is to be or may be prescribed.

section 34. of the auroville foundation act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 32. of the auroville foundation act : show related subordinates 1 the governing board may make regulations, not inconsistent with this act and the rules made thereunder, for enabling it to discharge its functions under this act. 2 without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the procedure to be followed at meetings of the governing board or at the meetings of the committees appointed by it and the number of members which shall form a quorum at such meetings b the delegation to the chairman, other members, secretary or other officers of the governing board, of any of the powers, duties of the governing board under this act c the travelling and other allowances payable to persons associated under subsection 4 of section 11 or coopted under subsection 2 of section 16 d the pay and allowances and leave and other conditions of service of officers other than those appointed by the central government and other employees of the foundation e the maintenance of the accounts of the foundation f the maintenance of the registers and other records of the foundation and its various committees g the appointment by the governing board of agents to discharge on its behalf any of its functions h admission or termination of persons in the register of residents. 3 no regulation made by the governing board shall have effect until it has been approved by the central government and published in the official gazette, and the central government, in approving the regulation, may make changes therein which appear to it to be necessary.

section 33. of the auroville foundation act : every rule or regulation made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the industrial employmnet standing orders act : a copy of all standing orders as finally certified under this act shall be filed by the certifying officer in a register in the prescribed form maintained for the purpose, and the certifying officer shall furnish a copy thereof to any person applying therefore on payment of the prescribed fee. state amendments karnataka amendment of section 8.in section 8 of the principal act, after the words finally certified, the words or adopted shall be inserted. vide karnataka act 12 of , s. 6 maharashtra. amendment of section 8 of act xx of .in section 8 of the said act, a after the words all standing orders, insert the words or model standing orders together with all the amendments shall be inserted b in the marginal note, after the words standing orders, insert and model standing orders together with all certified amendments shall be inserted. vide bombay act xxi of , s. 12

section 1. of the industrial employmnet standing orders act : show related subordinates 1 this act may be called the industrial employment standing orders act, . 2 it extends to 1the whole of india 2 . 33 it applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months: provided that the appropriate government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification. 4 54 nothing in this act shall apply to i any industry to which the provisions of chapter vii of the bombay industrial relations act, bombay act 11 of apply or ii any industrial establishment to which the provisions of the madhya pradesh industrial employment standing orders act, madhya pradesh act 26 of apply: provided that notwithstanding anything contained in the madhya pradesh industrial employment standing orders act, madhya pradesh act 26 of , the provisions of this act shall apply to all industrial establishments under the control of the central government. state amendments karnataka amendment of section 1.in section 1 of the industrial employment standing orders act, central act 20 of in its application to the state of karnataka, for the words one hundred occurring in subsection 3 and in the proviso to it, the word fifty, shall be substituted. vide karnataka act 37 of , s. 2 maharashtra amendment of section 1 of act xx of .in subsection 3 of section 1 of the said act, for the words one hundred the word fifty shall be substituted. vide bombay act xxi of , s. 4 1. subs. by the a.o. , for all the provinces of india. 2. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 w.e.f. . 3. subs. by act 16 of , s. 2, for subsection 3. 4. second proviso omitted by act 39 of , s. 2 w.e.f. . 5. ins. by s. 2, ibid. w.e.f. .

section 2. of the industrial employmnet standing orders act : in this act, unless there is anything repugnant in the subject or context, 1a appellate authority means an authority appointed by the appropriate government by notification in the official gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this act: provided that in relation to an appeal pending before an industrial court or other authority immediately before the commencement of the industrial employment standing orders amendment act, 39 of , that court or authority shall be deemed to be the appellate authority b appropriate government means in respect of industrial establishments under the control of the central government or a 2railway administration or in a major port, mine or oilfield, the central government, and in all other cases, the state government: 3provided that where any question arises as to whether any industrial establishment is under the control of the central government, that government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties 4c certifying officer means a labour commissioner or a regional labour commissioner, and includes any other officer appointed by the appropriate government, by notification in the official gazette, to perform all or any of the functions of a certifying officer under this act d employer means the owner of an industrial establishment to which this act for the time being applies, and includes i in a factory, any person named under 5clause f of subsection 1 of section 7, of the factories act, 63 of , as manager of the factory ii in any industrial establishment under the control of any department of any government in india, the authority appointed by such government in this behalf, or where no authority is so appointed, the head of the department iii in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment e industrial establishment means i an industrial establishment as defined in clause ii of section 2 of the payment of wages act, 4 of , or 6ii a factory as defined in clause m of section 2 of the factories act, 63 of , or iii a railway as defined in clause 4 of section 2 of the indian railways act 9 of , or iv the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen f prescribed means prescribed by rules made by the appropriate government under this act g standing orders means rules relating to matters set out in the schedule h trade union means a trade union for the time being registered under the indian trade unions act, 16 of 7i wages and workman have the meanings respectively assigned to them in clauses rr and s of section 2 of the industrial disputes act, 14 of . state amendments maharashtra. amendment of section 2 of act xx of .in section 2 of the said act, a before clause a, insert the following clause, namely: 1a amendments mean in relation to the model standing orders any amendments proposed to such orders under section 3 and includes any alterations, variations or additions proposed thereto b in clause d, for subclause iii, substitute the following subclause, namely: iii in any other industrial establishment a any person responsible to the owner for the supervisions and control of the industrial establishment b where a person who, for the purpose of fulfilling a contract with the owner of the industrial establishment, employs workmen on the premises of the establishment for the execution of the whole or any part of any work which is ordinarily part of such establishment then in relation to such workmen, the owner of the industrial establishment c in clause e, delete subclause iv shall be deleted d after clause e, insert the following clauses, namely: ee model standing orders mean standing orders prescribed under section 15 ef modification includes in relation to a standing order, any alteration, variation, addition or deletion in, or to, such order vide bombay act xxi of , s. 5 insertion of new section 2a in act xx of .after section 2 of the said act, the following section shall be inserted, namely: 2a. application of model standing orders to every industrial establishment.1 where this act applies to an industrial establishment, the model standing orders for every matter set out in the schedule applicable to such establishment shall apply to such establishment from such date as the state government may by notification in the official gazette appoint in this behalf: provided that nothing in this section shall be deemed to affect any standing orders which are finally certified under this act and have come into operation under this act in respect of any industrial establishment before the date of the coming into force of the industrial employment standing orders bombay amendment act, . vide bombay act xxi of , s. 6 maharashtra. amendment of section 2 of act xx of .in section 2 of the industrial employment standing orders act, , in clause d, 1 for subclause iii the following shall be substituted, namely: iii in any other industrial establishment a any person responsible to the owner for the supervision and control of the industrial establishment b where a person who for the purpose of fulfilling a contract with the owner of the industrial establishment employs workmen on the premises of the establishment for the execution of the whole or any part of any work which is ordinarily part of such establishment then in relation to such workmen, the owner of the industrial establishment 2 subclause iv shall be, deleted vide bombay act xxxvi of , s. 2 maharashtra. amendment of section 2a of act xx of .in the industrial employment standing orders act, , in its application to the state of maharashtra hereinafter, referred to as the principal act, section 2a shall be renumbered as subsection 1 of that section, and after subsection 1 so renumbered, the following new subsection shall be added, namely: 2 notwithstanding anything contained in the proviso to subsection 1, model standing orders made in respect of additional matters included in the schedule after the coming into force of the act referred to in that proviso being additional matters relating to probationers or badlis or temporary or casual workmen shall unless such model standing orders are in the opinion of certifying officer less advantageous to them than the corresponding standing orders applicable to them under the said proviso also apply in relation to such workmen in the establishments referred to in the said proviso from such date as the state government may, by notification in the official gazette, appoint in this behalf. vide maharashtra act liv of , s. 2 1. subs. by act 39 of , s. 3, for cl. a w.e.f. . 2. subs. by the a.o. , for federal railway. 3. added by act 18 of , s. 2 w.e.f. . 4. subs. by act 16 of , s. 3, for cl. c. 5. subs. by s. 3, ibid., for clause e of subclause 1 of section 9 of factories act, 25 of . 6. subs. by s. 3, ibid., for subclause ii 7. subs. by act 18 of , s. 2 for cl. i w.e.f. .

section 7. of the industrial employmnet standing orders act : standing orders shall, unless an appeal is preferred under section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under subsection 3 of section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under subsection 2 of section 6. state amendments karnataka amendment of section 7.section 7 shall be renumbered as subsection 2, thereof and before subsection 2 as so renumbered, the following shall be inserted, namely: 1 standing orders ass adopted under subsection 4 of section 3 shall come into operation on the expiry of 30 days from the date on with the employer and the trade union or workmen representatives agree to adopt the standing orders. vide karnataka act 12 of , s. 5 maharashtra. amendment of section 7 of act xx of . in section 7 of the said act and in the marginal note thereto, after the words standing orders the words or amendments shall be inserted. vide bombay act xxi of , s. 11

section 9. of the industrial employmnet standing orders act : the text of the standing orders as finally certified under this act shall be prominently posted by the employer in english and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed. state amendments karnataka amendment of section 9.in section 9 of the principal act, after the words finally certified, the words or adopted shall be inserted. vide karnataka act 12 of , s. 7 maharashtra. amendment of section 9 of act xx of .in section 9 of the said act,br a after the words standing orders, insert the words or model standing orders together with all the amendments b in the marginal note, after the words standing order, insert the words and model standing orders together with all certified amendments vide bombay act xxi of , s. 13

section 3. of the industrial employmnet standing orders act : 1 within six months from the date on which this act becomes applicable to an industrial establishment, the employer shall submit to the certifying officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment. 2 provision shall be made in such draft for every matter set out in the schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model. 3 the draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong. 4 subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section. state amendments karnataka substitution of section 3.for section 3 of the industrial employment standing orders act, hereinafter referred to as the principal act, the following shall be substituted, namely: 3. submission of standing orders.1 within six months from the date on which the industrial employment standing orders karnataka amendment act, becomes applicable to an industrial establishment, the employer shall prepare the standing orders proposed by him for adoption in his industrial establishment. 2 the standing order prepared as required under subsection 1 shall refer to every matter set out in the schedule which may be applicable to the industrial establishment and where model standing orders have been prescribed shall be so far as is practicable in conformity with such model standing order. 3 the standing orders so prepared shall be discussed with the trade unions existing in the industrial establishment or representatives of the workmen, before adoption and the employee providing proof thereof: provided no standing order adopted under this subsection shall be effective unless a copy thereof as adopted is sent to the certifying officer by registered post acknowledgement due and the acknowledgement therefor is received and filed. 4 if there is no dispute with regard to the clauses and matters set out in the standing orders drafted by the employer of the industrial establishment, then it shall be adopted in the industrial establishment as if it is certified under this act and a copy thereof shall be sent immediately to the certifying authority by registered post acknowledgement due. 5 if there is any dispute or disagreement with regard to the adoption of any clauses or matter set out in the schedule between the employer and the trade union or workmen representatives, then such standing orders drafted by the employer shall be submitted to the certifying officer notified under the rules with thirty days from the date of dispute, for adoption in the industrial establishment. vide karnataka act 12 of , s. 2 maharashtra. amendment of section 3 of act xx of .in section 3 of the said act, a for subsection 1, the following shall be substituted, namely: 1 within six months from the date on which the model standing orders apply to any industrial establishment under section 2a, the employer or any workman employed therein may submit to the certifying officer five copies of the draft amendments for adoption in such industrial establishment: provided that no amendment which provides for the deletion or omission of any rule in the model standing orders relating to any matter set out in the schedule shall be submitted under this section b subsection 2 shall be deleted. c in subsection 3, for the words draft standing orders, substitute draft amendments shall be substituted. d in subsection 4, for the words draft of standing orders, substitute draft of amendments. e for the marginal note, the marginal note submission of amendments. shall be substituted. vide bombay xxi of , s. 7

section 4. of the industrial employmnet standing orders act : standing orders shall be certifiable under this act if a provision is made therein for every matter set out in the schedule which is applicable to the industrial establishment, and b the standing orders are otherwise in conformity with the provisions of this act and it 1shall be the function of the certifying officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders. state amendment karnataka amendment of section 4.in section 4 of the principal act, for the words standing orders shall be certifiable, the words, brackets and figures in the event of submitting the draft standing order under subsection 5 of the section 3, the standing orders shall be certifiable shall be substituted. vide karnataka act 12 of , s. 3 1. subs. by act 36 of , s. 32 for shall not be the function w.e.f..

section 10. of the industrial employmnet standing orders act : 1 standing orders finally certified under this act shall not, except on agreement between the employer and the workmen 1or a trade union or other representative body of the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation. 22 subject to the provisions of subsection 1, an employer or workman 1or a trade union or other representative body of the workmen may apply to the certifying officer to have the standing orders modified, and such application shall be accompanied by five copies of 3 the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen 1or a trade union or other representative body of the workmen, a certified copy of that agreement shall be filed along with the application. 3 the foregoing provisions of this act shall apply in respect of an application under subsection 2 as they apply to the certification of the first standing orders. 44 nothing contained in subsection 2 shall apply to an industrial establishment in respect of which the appropriate government is the government of the state of gujarat or the government of the state of maharashtra. state amendment karnataka amendment of section 10.in section 10 of the principal act, i in subsection 1, after the words finally certified, the words or adopted shall be inserted ii after subsection 2 the following proviso shall be inserted, namely: provided that nothing in this subsection shall be applicable in case of modifications mutually agreed by an employer, workmen or a trade union or other representative body of the workmen and such modifications shall be effected under subsections 3 and 4 of section 3. vide karnataka act 12 of , s. 8 maharashtra. amendment of section 10 of act xx of .in section 10 of the said act, a in subsection 1, i after the words standing orders, at both the places where they occur, or the amendments shall be inserted ii after the words came into operation, add the following: and where model standing orders have not been amended as aforesaid, the model standing orders shall not be liable to such modification until the expiry of one year from the date on which they were applied under section 2a. b for subsection 2, substitute the following subsection, namely: 2 subject to the provisions of subsection 1, an employer, workman or any prescribed representatives of workmen desiring to modify the standing orders or the model standing orders together with the amendments, as finally certified under this act, or the model standing orders applied under section 2a, as the case may be, shall make an application to the certifying officer in that behalf, and such application shall be accompanied by five copies of the standing orders, or the model standing orders, together with all amendments thereto as certified under this act or model standing orders in which shall be indicated the modifications proposed to be made and where such modifications are proposed to be made by agreement between the employer and workmen a certified copy of the agreement shall be filed along with the application vide bombay act xxi of , s. 14 maharashtra. amendment of section 10 of act xx of .in section 10 of the principal act in subsection 4, the words or the government of the state of maharashtra shall be deleted. vide maharashtra act liv of , s. 3 1. ins. by act 18 of , s. 4 w.e.f. . 2. subs. by act 36 of , s. 32, for subsection 2 w.e.f. . 3. certain words omitted by act 39 of , s. 4 w.e.f. . 4. ins. by s. 4, ibid. w.e.f. .

section 6. of the industrial employmnet standing orders act : 1 1any employer, workmen, trade union or other prescribed representatives of the workmen aggrieved by the order of the certifying officer under subsection 2 of section 5 may, within 2thirty days from the date on which copies are sent under subsection 3 of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the certifying officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this act. 2 the appellate authority shall, within seven days of its order under subsection 1, send copies thereof to the certifying officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the certifying officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner. state amendments maharashtra. amendment of section 6 of act xx of .in section 6 of the said act, a in subsection 1 for the portion beginning with confirm the standing orders and ending with certifiable under this act, substitute the following, namely: confirm the amendments either in the form certified by the certifying officer or after further modifying the same as the appellate authority thinks necessary. b in subsection 2, i for the words unless it has confirmed without amendment the standing orders, substitute unless it has confirmed without further modifications the amendments ii for the words by copies of the standing orders, substitute by copies of the model standing orders together with the amendments. vide bombay act xxi of , s. 10 1. subs. by act 18 of , s. 3, for any person w.e.f. . 2. subs. by act 16 of , s. 4, for twentyone days.

section 5. of the industrial employmnet standing orders act : 1 on receipt of the draft under section 3, the certifying officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice. 2 after giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the certifying officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this act, and shall make an order in writing accordingly. 3 the certifying officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under subsection 2 may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under subsection 2 to the employer and to the trade union or other prescribed representatives of the workmen. state amendments karnataka amendment of section 5.in section 5 of the principal act, in subsection 1, for the word and the figure section 3 , the words, brackets and figure subsection 5 of section 3 shall be substituted. vide karnataka act 12 of , s. 4 maharashtra. amendment of section 5 of act xx of .in section 5 of the said act, a in subsection 1, i after the words as may be prescribed , insert or the employer, as the case may be , and after the word workmen where it occurs for the third time, insert or employer ii for the words draft standing orders , substitute the words draft amendments . b in subsection 2, i after the words giving the employer , insert the workmen submitting the amendments ii delete the words or addition to iii for the words the draft submitted by the employer is necessary to render the draft standing orders certifiable under this act , substitute the draft submitted under subsection 1 of section 3 is necessary . c in subsection 3, i for the words certify the draft standing orders , substitute certify the draft amendments ii for the words certified standing orders , substitute model standing orders together with copies of the certified amendments thereof . d in the marginal note, for the words standing orders , substitute the word amendments . vide bombay act xxi of , s. 9

section 10a. of the industrial employmnet standing orders act : 110a. payment of subsistence allowance.1 where any workmen is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance a at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension and b at the rate of seventyfive per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman. 2 if any dispute arises regarding the subsistence allowance payable to a workman under subsection 1 the workman or the employer concerned may refer the dispute to the labour court, constituted under the industrial disputes act, 14 of , within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the labour court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. 3 notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any state are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that state. 1. ins. by act 18 of , s. 5 w.e.f. .

section 13b. of the industrial employmnet standing orders act : 113b. act not to apply to certain industrial establishments.nothing in this act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the fundamental and supplementary rules, civil services classification, control and appeal rules, civil services temporary services rules, revised leave rules, civil service regulations, civilians in defence service classification, control and appeal rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply. state amendments jammu and kashmir and ladakh uts. insertion of new section after section 13b, insert 13c. compounding of offences.1 any offence punishable under the act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount of not more than rupees fifty thousand, by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf for the amount of rupees fifty thousand: provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further. 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged.. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 36 of , s. 32 w.e.f. .

section 11. of the industrial employmnet standing orders act : 11 every certifying officer and appellate authority shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a civil court within the meaning of 2sections 345 and 346 of the code of criminal procedure, 2 of . 32 clerical or arithmetical mistakes in any order passed by a certifying officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that officer or authority or the successor in office of such officer or authority, as the case may be. 1. s. 11 renumbered as subsection 1 thereof by act 39 of , s. 5 w.e.f. . 2. subs. by act 18 of , s. 6, for sections 480 and 482 of the code of criminal procedure, 5 of w.e.f. . 3. ins. by act 39 of , s. 5 w.e.f. .

section 12. of the industrial employmnet standing orders act : no oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this act shall be admitted in any court. state amendments karnataka amendment of section 12.in section 12 of the principal act, after the words finally certified, the words or adopted shall be inserted. vide karnataka act 12 of , s. 9 maharashtra. amendment of section 12 of act xx of .in section 12 of the said act, a for the words standing orders as finally certified under this act the words standing orders or the model standing orders, or model standing standing orders with all the amendments as finally under this act, as case may be, shall be substituted. b in the marginal note, for the words standing order the words standing orders, etc, shall be substituted. vide bombay act xxi of , s. 15

section 14. of the industrial employmnet standing orders act : the appropriate government may by notification in the official gazette exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this act.

section 12a. of the industrial employmnet standing orders act : 112a. temporary application of model standing orders.1 notwithstanding anything contained in sections 3 to 12, for the period commencing on the date on which this act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, subsection 2 of section 13 and section 13a shall apply to such model standing orders as they apply to the standing orders so certified. 2 nothing contained in subsection 1 shall apply to an industrial establishment in respect of which the appropriate government is the government of the state of gujarat or the government of the state of maharashtra. state amendment karnataka amendment of section 12a in section 12a of the principal act, after the words finally certified, the words or adopted shall be inserted. vide karnataka act 12 of , s. 10 1. ins. by s. 6, ibid. w.e.f. .

section 15. of the industrial employmnet standing orders act : 1 the appropriate government may, after previous publication, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a prescribe additional matters to be included in the schedule, and the procedure to be followed in modifying standing orders certified under this act in accordance with any such addition b set out model standing orders for the purposes of this act c prescribe the procedure of certifying officers and appellate authorities d prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders e provide for any other matter which is to be or may be prescribed: provided that before any rules are made under clause a representatives of both employers and workmen shall be consulted by the appropriate government. 13 every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. state amendments maharashtra. amendment of section 15 of act xx of .in section 15 of the said act, in subsection 2, a in clause a, after the words standing orders the words or amendments shall be inserted b in clause d, for the words copies of standing orders entered in the register of standing orders the words and figure copies of standing orders or model standing orders together with all the amendments filed in the register under section 8 shall be substituted. vide bombay act xxi of , s. 18 1. ins. by act 16 of , s. 6. 2. subs. by act 18 of , s. 9, for certain words w.e.f. .

section 13a., of standing orders. of the industrial employmnet standing orders act : 113a. interpretation, etc., of standing orders.if any question arises as to the application or interpretation of a standing order certified under this act, any employer or workman 2or a trade union or other representative body of the workmen may refer the question to any one of the labour courts constituted under the industrial disputes act, 14 of , and specified for the disposal of such proceeding by the appropriate government by notification in the official gazette, and the labour court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties. state amendments karnataka amendment of section 13a.in section 13a of the principal act, after the words standing orders certified the words or adopted shall be inserted. vide karnataka act 12 of , s. 12 maharashtra. amendment of section 13a of act xx of . in section 13a, after the words standing order and in the marginal note thereto after the words standing orders, insert the words model standing order or amendments and after the word workman, insert or any prescribed representatives of workmen. vide bombay act xxi of , s. 17 1. ins. by act 36 of , s. 32 w.e.f. . 2. ins. by act 18 of , s. 8 w.e.f. .

section 13. of the industrial employmnet standing orders act : 1 an employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. 2 an employer who does any act in contravention of the standing orders finally certified under this act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twentyfive rupees for every day after the first during which the offence continues. 3 no prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate government. 4 no court inferior to that of 1a metropolitan magistrate or judicial magistrate of the second class class shall try any offence under this section. state amendments karnataka amendment of section 13.in section 13 of the principal act, i in subsection 1, after the words and figure standing orders as required by section 3, the words and figures or who fails to adopt standing orders as required by subsection 4 of section 3 shall be inserted ii in subsection 2, after the words finally certified, the words or adopted shall be inserted. vide karnataka act 12 of , s. 11 maharashtra. amendment of section 13 of act xx of .a in subsection 1, i for who fails to submit draft standing orders as required by section 3, or who modifies his standing orders, substitute who modifies the standing orders, model standing orders or amendments ii for section 10, substitute the provisions of this act iii for shall be punishable, substitute shall on conviction, be punished. b in subsection 2, for the words the standing orders finally certified under this act for his industrial establishment shall be punishable, substitute the words the standing orders, model standing orders or the amendments as finally certified under this act for his industrial establishment, as the case may be, shall, on conviction, be punished shall be substituted. c after subsection 2, insert the following subsections, namely: 2a whoever contravenes the provisions of this act or of any rule made thereunder in cases other than those falling under subsection 1 or subsection 2, shall, on conviction, be punished with fine which may extend to one hundred rupees and in the event of such person being previously convicted of an offence under this act, with fine which may extend to two hundred rupees and in the case of a continuing offence with a further fine which may extend to twenty five rupees for every day after the first during which the offence continues. 2b the court convicting an employer under subsection 1 or subsection 2 may direct such employer to pay such compensation as it may determine to any workman directly and adversely affected by the modification or contravention of the standing orders, model standing orders or amendments, as the case may be. 2c the compensation awarded under subsection 2b may be recovered as if it were a fine and if it cannot be so recovered, the person by whom it is payable shall be sentenced to imprisonment of either description for a term not exceeding three months as the court thinks fit. vide bombay act xxi of , s. 15 1. subs. by act 18 of , s. 7, for a metropolitation magistrate or judicial magistrate of the second class w.e.f. .

section 14a. of the industrial employmnet standing orders act : 114a. delegation of powers.the appropriate government may, by notification in the official gazette, direct that any power exercisable by it under this act or any rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also a where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification b where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notification. 1. subs. by act 39 of , s. 7, for s. 14a w.e.f. .

section 8. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the university shall, primarily, be a residential university: provided that the requirements of residence shall be regulated in such manner as may be prescribed by the ordinances.

The Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalaya Act, 1996

section 2. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : in this act, and the statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university e court means the court of the university f department means a department of studies and includes a centre of studies g distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means h employee means any person appointed by the university, and includes teachers and other staff of the university i executive council means the executive council of the university j finance committee means the finance committee of the university k hall means a unit of residence or of corporate life for the students of the university, or of an institution maintained by the university l institution means an academic institution, not being a college, maintained by the university m recognised institution means an institution of higher learning recognised by the university n regulations means the regulations made by any authority of the university under this act for the time being in force o school means a school of studies of the university p statutes and ordinances mean, respectively, the statutes and ordinances of the university for the time being in force q teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any institution maintained by the university and are designated as teachers by the ordinances r university means the mahatma gandhi antarrashtriya hindi vishwavidyalaya established and incorporated as a university under this act.

section 7. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or to be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 4. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the objects of the university shall be to promote and develop hindi language and literature in general and, for that purpose, to provide for instructional and research facilities in the relevant branches of learning to provide for active pursuit of comparative studies and research in hindi and other indian languages to create facilities for development and dissemination of relevant information in the country and abroad to offer programmes of research, education and training in areas like translation, interpretation and linguistics for improving the functional effectiveness of hindi to reach out to hindi scholars and groups interested in hindi abroad and to associate them in teaching and research and to popularize hindi through distance education system.

section 9. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including any institution managed by it, and to submit a report thereon and upon receipt of that report the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment and of an institution and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university or institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made to the university and the university shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any institution address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the executive council shall communicate, through the vicechancellor, to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 9 where, the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statutes.

section 3. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 there shall be established a university by the name of mahatma gandhi antarrashtriya hindi vishwavidyalaya. 2 the headquarters of the university shall be at wardha. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of mahatma gandhi antarrashtriya hindi vishwavidyalaya. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 5. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the university shall have the following powers, namely: i to provide for instructions in the relevant branches of learning and to make provision for the advancement and dissemination of knowledge for furtherance of its objects ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide for facilities through distance education system to such persons as it may determine vi to institute professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such professorships, readerships, lecturerships or other teaching or academic positions vii to recognise, with the prior approval of the visitor, an institution of higher learning, within or outside india for such purposes as the university may determine and to withdraw such recognition viii to appoint persons working in any other university or organisation as teacher of the university for a specified period ix to create administrative, ministerial and other posts and to make appointments thereto x to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xi to establish, with the prior approval of the visitor, such campuses, special centres and specialised laboratories, within or outside india, as are, in the opinion of the university, necessary for the furtherance of its objects xii to institute and award fellowships, scholarships, studentships, medals and prizes xiii to establish and maintain institutions and halls xiv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xv to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xvi to make special arrangements in respect of the residence, discipline and teaching of women students as the university may consider desirable xvii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xviii to confer autonomous status on a department, in accordance with the statutes xix to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xx to demand and receive payment of fees and other charges xxi to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xxii to lay down conditions of service of all categories of employees, including their code of conduct xxiii to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxiv to make arrangements for promoting the health and general welfare of the employees xxv to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxvi to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxvii to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 11. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocation of the university held for conferring degrees and the meetings of the court.

section 1. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 this act may be called the mahatma gandhi antarrashtriya hindi vishwavidyalaya act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 29th december, , vide notification no. s.o. 912e, dated 29th november, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 6. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the jurisdiction of the university shall extend to the whole of india.

section 10. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellor 4 the deans of schools 5 the registrar 6 the finance officer 7 the librarian and 8 such other officers as may be declared by the statutes to be officers of the university.

section 19. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the board of studies 5 the finance committee and 6 such other authorities as may be declared by the statutes to be the authorities of the university.

section 13. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 14. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 12. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the vicechancellor shall be appointed by the visitor in such manner and on such terms and conditions of service as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matters: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 16. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 18. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 17. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the librarian shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 27. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : show related subordinates 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the executive council: provided further that the executive council shall not consider to make, amend or repeal any statute relating to the matters provided under clauses j and k of section 26 except with the prior approval of the visitor. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for reconsideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing sub sections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 22. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 20. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to advise the visitor in respect of any matter which may be referred to it for advice and c to perform such other functions as may be prescribed by the statutes.

section 21. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 23. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the constitution, powers and functions of the board of studies shall be prescribed by the statutes.

section 24. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 26. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the appointment and continuance in office of the members of the said authorities and bodies, filling up of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university, their emoluments and other conditions of service e the appointment of teachers and academic staff working in any other university or organisation for specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on an institution or a department k the establishment and abolition of schools, departments, centres, halls and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the delegation of powers vested in the authorities or officers of the university p the maintenance of discipline among the employees and students q all other matters which by this act are to be or may be provided for by the statutes.

section 25. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 34. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : every employee or student of the university or institution shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of institution, as the case may be, and thereupon, the executive council may confirm, modify or reverse the decision appealed against.

section 28. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them j the appointments and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, board of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities, institutions and other agencies including learned bodies or associations in india or abroad m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of institutions established by the university p setting up of a machinery for redressal of grievances of employees and q all other matters which, by this act or the statutes, are to be or may be, provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 35. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the university shall constitute for the benefit of its employees such provident fund or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 30. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the annual report of the university shall be prepared under the direction of the executive council which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects, and shall be submitted to the visitor on or before such date as may be prescribed by the statutes. 2 a copy of the annual report, as prepared under subsection 1 shall also be submitted to the central government which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 31. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the executive council and the views of the executive council, if any, on such observation shall be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, who shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 32. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2 shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 10 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 29. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 33. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examination of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 32 shall, as far as may be, apply to a reference made under this subsection.

section 39. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 42. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 36. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 38. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or coopts the member whose place has become vacant and any person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 37. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 40. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 41. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 44. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously down under that statute, ordinance or regulation. 3 the power to make statutes ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but not retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 43. of the mahatma gandhi antarrashtriya hindi vishwavidyalaya act : notwithstanding anything contained in this act and the statutes, a the first chancellor shall be appointed by the visitor and the said officer shall hold office for a term of five years b the first vicechancellor shall be appointed by the visitor in such manner and on such conditions as may be deemed fit and the said officer shall hold office for such term, not exceeding five years as may be specified by the visitor c the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years d the first court and the first executive council shall consist of not more than thirty members and eleven members respectively who shall be nominated by the visitor and they shall hold office for a term of three years e the first academic council shall consist of not more than twentyone members who shall be nominated by the visitor and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.

section 6. of the institutes of technology act : 1 subject to the provisions of this act, every institute shall exercise the following powers and perform the following duties, namely: a to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches b to hold examinations and grant degrees, diplomas and other academic distinctions or titles c to confer honorary degrees or other distinctions d to fix, demand and receive fees and other charges e to establish, maintain and manage halls and hostels for the residence of students f to supervise and control the residence and regulate the discipline of students of the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life g to provide for the maintenance of units of the national cadet corps for the students of the institute h to institute academic and other posts and to make appointments thereto except in the case of the director i to frame statutes and ordinances and to alter, modify or rescind the same j to deal with any property belonging to or vested in the institute in such manner as the institute may deem fit for advancing the objects of the institute k to receive gifts, grants, donations or benefactions from the government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be l to cooperate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the institute by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects m to institute and award fellowships, scholarships, exhibitions, prizes and medals and n to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the institute. 11a subject to the provisions of this act, every institute may strive to meet the technological needs of the states and the union territories included in its zone by a supporting and collaborating with technical education institutions located in the zone with a view to enhance their quality and capability b advising the state governments and the union territories included in its zone in the matter of technical education and any technological issue referred by them to the institute for advice. 2 notwithstanding anything contained in subsection 1, an institute shall not dispose of in any manner any immovable property without the prior approval of the visitor. 1. ins. by act 34 of , s. 7 w.e.f. .

section 3. of the institutes of technology act : in this act, unless the context otherwise requires, a board, in relation to any institute, means the board of governors thereof b chairman means the chairman of the board c corresponding institute means, i in relation to the society known as the indian institute of technology, bombay, the indian institute of technology, bombay 1ia in relation to the society known as the college of engineering and technology, delhi, the indian institute of technology, delhi 2ib in relation to the society known as the indian institute of technology, guwahati, assam, the indian institute of technology, guwahati. ii in relation to the society known as the indian institute of technology kanpur society, the indian institute of technology, kanpur, 3 iii in relation to the society known as the indian institute of technology, madras, the indian institute of technology madras 4iv in relation to the university of roorkee, roorkee, the indian institute of technology, roorkee 5v in relation to the society known as the indian institute of technology, bhubaneswar, the indian institute of technology, bhubaneswar vi in relation to the society known as the indian institute of technology, gandhinagar, the indian institute of technology, gandhinagar vii in relation to the society known as the indian institute of technology, hyderabad, the indian institute of technology, hyderabad viii in relation to the society known as the indian institute of technology, indore, the indian institute of technology, indore ix in relation to the society known as the indian institute of technology, rajasthan, the indian institute of technology, jodhpur x in relation to the society known as the indian institute of technology, mandi, the indian institute of technology, mandi xi in relation to the society known as the indian institute of technology, patna, the indian institute of technology, patna xii in relation to the society known as the indian institute of technology, punjab, the indian institute of technology, ropar xiii in relation to the institute of technology, banaras hindu university, referred to in statute 25a1 of the statutes set out in the schedule to the banaras hindu university act, 16 of , the indian institute of technology banaras hindu university, varanasi 6xiv in relation to the society known as the indian institute of technology, tirupati, the indian institute of technology, tirupati xv in relation to the society known as the indian institute of technology, palakkad, the indian institute of technology, palakkad xvi in relation to the society known as the indian institute of technology, goa, the indian institute of technology, goa xvii in relation to the society known as the indian institute of technology, dharwar, the indian institute of technology, dharwad xviii in relation to the society known as the indian institute of technology, bhilai, the indian institute of technology, bhilai xix in relation to the society known as the indian institute of technology, jammu, the indian institute of technology, jammu xx in relation to the society known as the indian school of mines, dhanbad, the indian institute of technology indian school of mines, dhanbad. d council means the council established under subsection 1 of section 31 e deputy director, in relation to any institute, means the deputy director thereof f director, in relation to any institute, means the director thereof g institute means any of the institutions mentioned in section 2 and includes the indian institute of technology, kharagpur, incorporated under the indian institute of technology kharagpur act, 5 of 7ga institute of technology, banaras hindu university means the institute of technology banaras hindu university, referred to in statute 25a1 of the statutes set out in the schedule to the banaras hindu university act, 16 of 8gb indian school of mines, dhanbad means the society known as the indian school of mines, dhanbad h registrar, in relation to any institute, means the registrar thereof i senate, in relation to any institute, means the senate thereof j society means any of the following societies registered under the societies registration act, , 21 of namely: i the indian institute of technology, bombay 9ia the college of engineering and technology, delhi 10ib the indian institute of technology, guwahati, assam, ii the indian institute of technology kanpur society iii the indian institute of technology, madras 7iv the indian institute of technology, bhubaneswar v the indian institute of technology, gandhinagar vi the indian institute of technology, hyderabad vii the indian institute of technology, indore viii the indian institute of technology, rajasthan ix the indian institute of technology, mandi x the indian institute of technology, patna xi the indian institute of technology, punjab 8xii the indian institute of technology, tirupati xiii the indian institute of technology, palakkad xiv the indian institute of technology, goa xv the indian institute of technology, dharwad xvi the indian institute of technology, bhilai xvii the indian institute of technology, jammu xviii the indian school of mines, dhanbad k statutes and ordinances, in relation to any institute, mean the statutes and ordinances of the institute made under this act. 11l university of roorkee means the university of roorkee established under the roorkee university act, u.p. act ix of 12m zone, in relation to an institute, means such group of states and union territories as the central government may, by notification in the official gazette, specify. 1. ins. by act 29 of , s. 3 w.e.f. . 2. ins. by act 35 of , s. 3 w.e.f. . 3. the word and omitted by act 16 of , s. 3 w.e.f. . 4. ins. by s. 3, ibid. w.e.f. . 5. ins. by act 34 of , s. 3 w.e.f. . 6. the words in brackets shall stand inserted date to be notified by act 41 of , s. 3. 7. ins. by act 34 of , s. 3 w.e.f. . 8. the words in brackets shall stand inserted date to be notified by act 41 of , s. 3. 9. ins. by act 29 of , s. 3 w.e.f. . 10. ins. by act 35 of , s. 3 w.e.f. . 11. ins. by act 16 of , s. 3 w.e.f. . 12. ins. by act 34 of , s. 3 w.e.f. .

section 1. of the institutes of technology act : show related subordinates 1 this act may be called the institutes of technology act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act. 1. 1st april, , vide notification no. s.o. 929, dated 23rd march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 5b. of the institutes of technology act : 15b. effect of incorporation of indian institute of technology banaras hindu university, varanasi.on and from the commencement of the institutes of technology amendment act, 34 of , a any reference to the institute of technology, banaras hindu university in any law for the time being in force other than this act or in any contract or other instrument shall be deemed as a reference to the indian institute of technology banaras hindu university, varanasi b all property, movable and immovable, of or belonging to the institute of technology, banaras hindu university, shall vest in the indian institute of technology banaras hindu university, varanasi c all rights and liabilities of the institute of technology, banaras hindu university shall be transferred to, and be the rights and liabilities of, the indian institute of technology banaras hindu university, varanasi d every person employed in the institute of technology, banaras hindu university immediately before such commencement shall hold his office or service in the indian institute of technology banaras hindu university, varanasi by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the indian institute of technology banaras hindu university, varanasi in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the indian institute of technology banaras hindu university, varanasi of compensation equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees: provided further that any reference, by whatever form of words, to the director of the institute of technology, banaras hindu university in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director of the indian institute of technology banaras hindu university, varanasi and e on the commencement of the institutes of technology amendment act, 34 of i the vicechancellor of the banaras hindu university, appointed under the provisions of the banaras hindu university act, 16 of shall be deemed to have been appointed as ex officio chairman of the board of governors of the indian institute of technology banaras hindu university, varanasi under this act, and shall hold office for a period of three years with effect from such commencement ii the director of the institute of technology, banaras hindu university, appointed under the provisions of the banaras hindu university act, 16 of shall be deemed to have been appointed as director of the indian institute of technology banaras hindu university, varanasi under this act, and shall hold his office till director is appointed under this act. explanation.the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology banaras hindu university, varanasi as the reference to the date on which the provisions of the institutes of technology amendment act, 34 of come into force. 1. ins. by act 34 of , s. 6 w.e.f. .

section 7. of the institutes of technology act : 1 every institute shall be open to persons of either sex an of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever. 2 no bequest, donation or transfer of any property shall be accepted by any institute which in the opinion of the council involves conditions or obligations opposed to the spirit and object of this section.

section 4. of the institutes of technology act : 1 each of the institutes mentioned in section 2 shall be a body corporate having perpetual succession and a common seal and shall, by its name, sue and be sued. 11a the college of engineering and technology, delhi shall, on such incorporation, be called the indian institute of technology, delhi 21b the indian institute of technology, guwahati assam shall, on such incorporation, be called the indian institute of technology, guwahati. 31c the university of roorkee, roorkee shall, on such incorporation, be called the indian institute of technology, roorkee. 41d the institute of technology, banaras hindu university shall, on such incorporation, be called the indian institute of technology banaras hindu university, varanasi. 5ie the indian school of mines, dhanbad shall, on such incorporation, be called the indian institute of technology indian school of mines, dhanbad. 2 the body corporate constituting each of the said institutes shall consist of a chairman, a director and other members of the board for the time being of the institute. 1. ins. by act 29 of , s. 4 w.e.f. . 2. ins. by act 35 of , s. 4 w.e.f. . 3. ins. by act 16 of , s. 4 w.e.f. . 4. ins. by act 34 of , s. 4 w.e.f. . 5. the words in brackets shall stand inserted date to be notified by act 41 of , s. 4.

section 2. of the institutes of technology act : whereas the objects of the institutions known as the indian institute of technology, bombay, 1the college of engineering and technology, delhi, 2the indian institute of technology, guwahati, assam the indian institute of technology, 3kanpur, the indian institute of technology, madras 4the indian institute of technology, roorkee, the indian institute of technology, bhubaneswar, the indian institute of technology, gandhi nagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna, the indian institute of technology, ropar 5and the indian institute of technology banaras hindu university, varanasi are such as to make them institutions of national importance, it is hereby declared that each such institution is an institution of national importance. 1. ins. by act 29 of , s. 2 w.e.f. . 2. ins. by act 35 of , s. 2 w.e.f. . 3. subs. by act 16 of , s. 2, for kanpur and the indian institute of technology, madras w.e.f. . 4. subs. by act 34 of , s. 2, for and the indian institute of technology, roorkee w.e.f. . 5. the words in brackets shall stand substituted date to be notified by act 41 of , s. 2 to read as under: the indian institute of technology banaras hindu university, varanasi, the indian institute of technology, tirupati, the indian institute of technology, palakkad, the indian institute of technology, goa, the indian institute of technology, dharwad, the indian institute of technology, bhilai, the indian institute of technology, jammu and the indian institute of technology indian school of mines, dhanbad.

section 5a. of the institutes of technology act : 15a. effect of incorporation of institute of technology, roorkee.on and from the commencement of the institutes of technology amendment act, 16 of , a any reference to the university of roorkee in any law other than this act or in any contract or other instrument shall be deemed as a reference to the indian institute of technology, roorkee b all property, movable and immovable, of or belonging to the university of roorkee, shall vest in the indian institute of technology, roorkee c all rights and liabilities of the university of roorkee shall be transferred to, and be the rights and liabilities of, the indian institute of technology, roorkee d every person employed by the university of roorkee immediately before such commencement shall hold his office or service in the indian institute of technology, roorkee by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the indian institute of technology, roorkee in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the indian institute of technology, roorkee of compensation equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees: provided further that any reference, by whatever form of words, to the vicechancellor and provicechancellor of the university of roorkee in any law for the time being in force, or in any instrument or other document, shall be construed as a reference to the director and the deputy director, respectively, of the indian institute of technology, roorkee and e on the commencement of the institutes of technology amendment act, 16 of , the vicechancellor of the university of roorkee, appointed under the provisions of the roorkee university act, u.p. act ix of shall be deemed to have been appointed as director under the act, and shall hold office for a period of three months or till such time the director is appointed, whichever is earlier. explanation.the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology, roorkee as the reference to the date on which the provisions of the institutes of technology amendment act, 16 of come into force. 1. ins. by act 16 of , s. 5 w.e.f. .

section 5. of the institutes of technology act : on and from the commencement of this act, a any reference to a society in any law other than this act or in any contract or other instrument shall be deemed as a reference to the corresponding institute b all property, movable and immovable, of or belonging to a society shall vest in the corresponding institute c all the rights and liabilities of a society shall be transferred to, and be the rights and liabilities of, the corresponding institute and d every person employed by a society immediately before such commencement shall hold his office or service in the corresponding institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alternation so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees. 12explanation 1.the reference in the section to the commencement of this act shall be construed in relation to the indian institute of technology, guwahati as the reference to the date on which the provisions of the institutes of technology amendment act, come into force. 3explanation 2.the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology, bhubaneswar, the indian institute of technology, gandhinagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna and the indian institute of technology, ropar, as the reference to the date on which the provisions of the institutes of technology amendment act, come into force. 4explanation 3.the reference in this section to the commencement of this act shall be construed in relation to the indian institute of technology, tirupati, the indian institute of technology, palakkad, the indian institute of technology, goa, the indian institute of technology, dharwad, the indian institute of technology, bhilai, the indian institute of technology, jammu, and the indian institute of technology indian school of mines dhanbad, as the reference to the date on which the provisions of the institutes of technology amendment act, come into force. 1. the explanation inserted by act 35 of , s. 5 w.e.f. . 2. explanation numbered as explanation 1 thereof by act 34 of , s. 5 w.e.f. . 3. ins. by act 34 of , s. 5 w.e.f. . 4. the words in brackets shall stand inserted date to be notified by act 41 of , s. 5.

section 8. of the institutes of technology act : all teaching at each of the institutes shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalf.

section 15. of the institutes of technology act : subject to the provisions of this act, the statutes and the ordinances, the senate of an institute shall have the control and general regulation, and be responsible for the maintenance, of standards of instruction, education and examination in the institute and shall exercise such other powers an perform such other duties as may be conferred or imposed upon it by the statutes.

section 9. of the institutes of technology act : 1 the president of india shall be the visitor of every institute. 2 the visitor may appoint one or more persons to review the work and progress of any institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct. 3 upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions.

section 10. of the institutes of technology act : the following shall be the authorities of an institute, namely: a a board of governors b a senate and c such other authorities as may be declared by the statutes to be the authorities of the institute.

section 11. of the institutes of technology act : the board of an institute shall consist of the following persons, namely: a the chairman, to be nominated by the visitor b the director, ex officio c one person to be nominated by the government of each of the states comprising the zone in which the institute is situated, from among persons who, in the opinion of that government, are technologists or industrialists of repute d four persons having special knowledge or practical experience in respect of education, engineering or science, to be nominated by the council and e two professors of the institute, to be nominated by the senate: 1provided that in the case of the indian institute of technology banaras hindu university, varanasi, a the board of such institute shall consist of vicechairman to be nominated, after a period of three years from the commencement of the institutes of technology amendment act, 34 of , by the executive council referred to in clause d of section 2 of the banaras hindu university act, 16 of , from amongst its members including its vicechancellor b four persons to be nominated under clause d, out of which two persons to be nominated by the executive council referred to in clause d of section 2 of the banaras hindu university act, 16 of , from amongst its members including its vicechancellor. 2 1. ins. by act 34 of , s. 8 w.e.f. . 2. the explanation omitted by act 34 of , s. 8 w.e.f. .

section 12. of the institutes of technology act : 1 save as otherwise provided in this section, the term of office of the chairman or any other member of the board shall be three years from the date of his nomination. 2 the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. 3 the term of office of a member nominated under 1clause e of section 11 shall be two years from the 1st day of january of the year in which he is nominated. 4 the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated. 5 notwithstanding anything contained in this section, an outgoing member shall, unless the council otherwise directs, continue in office until another person is nominated as a member in his place. 6 the members of the board shall be entitled to such allowances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses b and e of section 11 shall be entitled to any salary by reason of this subsection. 1. subs. by act 29 of , s. 5, for clause c w.e.f. .

section 13. of the institutes of technology act : 1 subject to the provisions of this act, the board of any institute shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate. 2 without prejudice to the provisions of subsection 1, the board of any institute shall a take decisions on questions of policy relating to the administration and working of the institute b institute courses of study at the institute c make statutes d institute and appoint persons to academic as well as other posts in the institute e consider and modify or cancel ordinances f consider an pass resolutions on the annual report, the annual accounts and the budget estimates of the institute for the next financial year as it thinks fit and submit them to the council together with a statement of its development plans g exercise such other powers and perform such other duties as may be conferred or imposed upon it by this act or the statutes. 3 the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act.

section 14. of the institutes of technology act : the senate of each institute shall consist of the following persons, namely: a the director, ex officio, who shall be the chairman of the senate b the deputy director, ex officio c the professors appointed or recognised as such by the institute for the purpose of imparting instruction in the institute d three persons, not being employees of the institute, to be nominated by the chairman in consultation with the director, from among educationists of repute, one each from the fields of science, engineering and humanities and e such other members of the staff as may be laid down in the statutes. 1provided that in case of the indian institute of technology banaras hindu university, varanasi, three members shall be nominated by the executive council referred to in clause d of section 2 of the banaras hindu university act, 16 of . 1. the proviso ins. by act 34 of , s. 9 w.e.f. .

section 16. of the institutes of technology act : 1 the chairman shall ordinarily preside at the meetings of the board and at the convocations of the institute. 2 it shall be the duty of the chairman to ensure that the decisions taken by the board are implemented. 3 the chairman shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes.

section 23. of the institutes of technology act : 1 every institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balancesheet, in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of every institute shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of any institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute. 4 the accounts of every institute as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 17. of the institutes of technology act : 1 the director of each institute shall be appointed by the council with the prior approval of the visitor. 2 the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration of the institute and for the imparting of instruction and maintenance of discipline therein. 3 the director shall submit annual reports and accounts to the board. 4 the director shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or ordinances.

section 18. of the institutes of technology act : the deputy director of each institute shall be appointed on such terms and conditions as my be laid down by the statutes and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the director.

section 19. of the institutes of technology act : 1 the registrar of each institute shall be appointed on such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge. 2 the registrar shall act as the secretary of the board, the senate, and such committees as may be prescribed by the statutes. 3 the registrar shall be responsible to the director for the proper discharge of his functions. 4 the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or by the director.

section 20. of the institutes of technology act : the powers and duties of authorities and officers other than those hereinbefore mentioned shall be determined by the statutes.

section 22. of the institutes of technology act : 1 every institute shall maintain a fund to which shall be credited a all moneys provide by the central government b all fees and other charges received by the institute c all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and d all moneys received by the institute in any other manner or from any other source. 2 all moneys credited to the fund of any institute shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide. 3 the fund of any institute shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act.

section 21. of the institutes of technology act : for the purpose of enabling the institutes to discharge their functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to each institute in each financial year such sums of money and in such manner as it may think fit.

section 24. of the institutes of technology act : 1 every institute shall constitute for the benefit of its employees, including the director, in such manner and subject to such conditions as may be prescribed by the statutes, such pension, insurance and provident funds as it may deem fit. 2 where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of shall apply to such fund as if it were a government provident fund.

section 25. of the institutes of technology act : all appointments on the staff of any institute, except that of the director, shall be made in accordance with the procedure laid down in the statutes, by a the board, if the appointment is made on the academic staff in the post of lecturer or above or if the appointment is made on the nonacademic staff in any cadre the maximum of the payscale for which exceeds six hundred rupees per month b by the director, in any other case.

section 26. of the institutes of technology act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the conferment of honorary degrees b the formation of departments of teaching c the fees to be charged for courses of study in the institute and for admission to the examinations of degree and diplomas of the institute d the institution of fellowships, scholarships, exhibitions, medals and prizes e the term of office and the method of appointment of officers of the institute f the qualifications of teachers of the institute g the classification, the method of appointment and the determination of the terms and conditions of service of, teachers and other staff of the institute h the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the institute i the constitution, powers and duties of the authorities of the institute j the establishment and maintenance of halls and hostels k the conditions of residence of students of the institute and the levying of fees for residence in the halls and hostels and of other charges l the manner of filling vacancies among members of the board m the allowances to be paid to the chairman and members of the board n the authentication of the orders and decisions of the board o the meetings of the board, the senate, or any committee, the quorum at such meetings and the procedure to be followed in the conduct of their business p any other matter which by this act is to be or may be prescribed by the statutes.

section 27. of the institutes of technology act : 1 the first statutes of each institute shall be framed by the council with the previous approval of the visitor and a copy of the same shall be laid as soon as may be before each house of parliament. 2 the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold assent or remit it to the board or consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor.

section 32. of the institutes of technology act : 1 save as otherwise provided in this section, the term of office of a member of the council shall be three years from the date of his nomination or election, as the case may be. 2 the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member. 3 a member of the council referred to in clause h of subsection 2 of section 31 shall hold office during the pleasure of the central government. 4 the term of office of a member elected under clause k of subsection 2 of section 31 shall expire as soon as he ceases to be a member of the house which elected him. 5 the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated or elected. 6 notwithstanding anything contained in this section an outgoing member shall, unless the central government otherwise directs, continue in office until another person is nominated or elected as a member in his place. 7 the members of the council shall be paid such travelling and other allowances by the central government as may be determined by that government, but no member shall be entitled to any salary by reason of this subsection.

section 28. of the institutes of technology act : subject to the provisions of this act and the statutes, the ordinances of each institute may provide for all or any of the following matters, namely: a the admission of the students to the institute b the courses of study to be laid down for all degrees and diplomas of the institute c the conditions under which students shall be admitted to the degree or diploma courses and to the examinations of the institute, and shall be eligible for degrees and diplomas d the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes e the conditions and mode of appointment and duties of examining bodies, examiners and moderators f the conduct of examinations g the maintenance of discipline among the students of the institute and h any other matter which by this act or the statutes is to be or may be provided for by the ordinances.

section 29. of the institutes of technology act : 1 save as otherwise provided in this section, ordinances shall be made by the senate. 2 all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next succeeding meeting. 3 the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.

section 30. of the institutes of technology act : 1 any dispute arising out of a contract between an institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor. 2 the decision of the tribunal shall be final and shall not be questioned in any court. 3 no suit or proceeding shall lie in any court in respect of any matter which is required by subsection 1 to be referred to the tribunal of arbitration. 4 the tribunal of arbitration shall have power to regulate its own procedure. 5 nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.

section 31. of the institutes of technology act : 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, there shall be established a central body to be called the council. 2 the council shall consist of the following members, namely: a the minister in charge of technical education in the central government, ex officio, as chairman b the chairman of each institute, ex officio c the director of each institute, ex officio d the chairman, university grants commission, ex officio e the directorgeneral, council of scientific and industrial research, ex officio f the chairman of the council of the indian institute of science, bangalore, ex officio g the director of the indian institute of science, bangalore, ex officio h three persons to be nominated by the central government, one to represent the ministry concerned with technical education, another to represent the ministry of finance and the third to represent any other ministry i one person to be nominated by the allindia council for technical education j not less than three, but not more than five, persons to be nominated by the visitor, who shall be persons having special knowledge or practical experience in respect of education, industry, science or technology k three members of parliament, of whom two shall be elected by the house of the people from among its members and one by the council of states from among its members. 3 an officer of the ministry of the central government concerned with technical education shall be nominated by that government to act as the secretary of the council.

section 33. of the institutes of technology act : 1 it shall be the general duty of the council to coordinate the activities of all the institutes. 2 without prejudice to the provisions of subsection 1, the council shall perform the following functions, namely: a to advise on matters relating to the duration of the courses, the degrees and other academic distinctions to be conferred by the institutes, admission standards and other academic matters b to lay down policy regarding cadres, methods of recruitment and conditions of service of employees, institution of scholarships and freeships, levying of fees and other matters of common interest c to examine the development plans of each institute and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans d to examine the annual budget estimates of each institute and to recommend to the central government the allocation of funds for the purpose e to advise the visitor, if so required, in respect of any function to be performed by him under this act and f to perform such other functions as are assigned to it by or under this act.

section 34. of the institutes of technology act : 1 the chairman of the council shall ordinarily preside at the meetings of the council. 2 it shall be the duty of the chairman of the council to ensure that the decisions taken by the council are implemented. 3 the chairman shall exercise such other powers and perform such other duties as are assigned to him by this act.

section 39. of the institutes of technology act : 1 the indian institute of technology kharagpur act, 5 of is hereby repealed. 2 notwithstanding such repeal, the provisions of the said act set out in the schedule shall continue to have effect: provided that in the said provisions, the expression this act means the said provisions.

section 35. of the institutes of technology act : 1 the central government may 1, by notification n the official gazette, make rules to carry out the purposes of this chapter. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of filling vacancies among the members of the council b the disqualifications for being chosen as, and for being a member of the council c the circumstances in which, and the authority by which, members may be removed d the meetings of the council and the procedure of conducting business thereat e the travelling and other allowances payable to members of the council and f the functions of the council and the manner in which such functions may be exercised. 13 every rule made by the central government under this chapter shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 36. of the institutes of technology act : no act of the council, or any institute or board or senate or any other body set up under this act or the statutes, shall be invalid merely by reason of a any vacancy in, or defect in the constitution thereof, or b any defect in the election, nomination or appointment of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 37. of the institutes of technology act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provision or give such direction not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty.

section 38. of the institutes of technology act : notwithstanding anything contained in this act, a the board of governors of an institute functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for that institute under this act, but on the constitution of a new board under this act, the members of the board holding office before such constitution shall cease to hold office b 1the staff committee constituted in relation to the college of engineering and technology, delhi and any academic council constituted in relation to any other institute before the commencement of this act shall be deemed to be the senate constituted under this act until a senate is constituted under this act for that institute c until the first statutes and the ordinances are made under this act, the statutes and ordinances of the indian institute of technology, kharagpur as in force immediately before the commencement of this act shall continue to apply to that institute and shall, with the necessary modifications and adaptations, also apply to any other institute, in so far as they are not inconsistent with the provisions of this act 2d until the first statutes and the ordinances in relation to the indian institute of technology, guwahati are made under this act, the statutes and ordinances of the indian institute of technology, kharagpur as in force immediately before the commencement of the institutes of technology amendment act, 35 of shall apply to the indian institute of technology, guwahati with the necessary modification and adaptations in so far as they are not inconsistent with the provisions of this act. 3e the syndicate of the university of roorkee functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for the indian institute of technology, roorkee under this act, but on the constitution of a new board under this act, the members of the syndicate holding office before such constitution shall cease to hold office f the academic council of the university of roorkee functioning as such immediately before the commencement of this act shall continue to so function until a new senate is constituted for the indian institute of technology, roorkee under this act, but on the constitution of a new senate under this act, the members of the academic council holding office before such constitution shall cease to hold office g until the first statutes and the ordinances in relation to the indian institute of technology, roorkee are made under this act, the statutes and ordinances of the indian institute of technology, bombay as in force immediately before the commencement of the institutes of technology amendment act, shall apply to the indian institute of technology, roorkee with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act h notwithstanding anything contained in the institutes of technology amendment act, 16 of , any student who joined classes of the university of roorkee on or after the commencement of academic session shall, for the purpose of clause b of subsection 1 of section 6, be deemed to have pursued a course of study in the indian institute of technology, roorkee provided that such student has not already been awarded degree or diploma for the same course of study i if any difficulty arises in giving effect to the provisions of the institutes of technology amendment act, 16 of , the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this clause after the expiry of two years from the commencement of the institutes of technology amendment act, 16 of : provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament. 4j until the first statutes and ordinances in relation to the indian institute of technology, bhubaneswar, the indian institute of technology, gandhinagar, the indian institute of technology, hyderabad, the indian institute of technology, indore, the indian institute of technology, jodhpur, the indian institute of technology, mandi, the indian institute of technology, patna and the indian institute of technology, ropar are made under this act, the statutes and ordinances of such institute, as in force immediately before the commencement of the institutes of technology amendment act, 34 of , shall apply to those institutes with necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act k the executive council, referred to in clause d of section 2 of the banaras hindu university act, 16 of , functioning as such immediately before the commencement of the institutes of technology amendment act, 34 of , shall continue to so function until a new board is constituted for the indian institute of technology banaras hindu university, varanasi under this act, but on the constitution of a new board under this act, the executive council of the banaras hindu university shall cease to function so far as the indian institute of technology banaras hindu university, varanasi is concerned l the academic council, referred to in clause a of section 2 of the banaras hindu university act, 16 of , functioning as such immediately before the commencement of the institutes of technology amendment act, 34 of shall continue to so function until a new senate is constituted for the indian institute of technology banaras hindu university, varanasi under this act, but on the constitution of a new senate under this act, the academic council of the banaras hindu university shall cease to function so far as the indian institute of technology banaras hindu university, varanasi m until the first statutes and the ordinances in relation to the indian institute of technology banaras hindu university, varanasi are made under this act, the statutes and ordinances as are applicable to the indian institute of technology, kanpur immediately before the commencement of the institutes of technology amendment act, , shall apply to the indian institute of technology banaras hindu university, varanasi with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act n notwithstanding anything contained in the institutes of technology amendment act, 34 of , any student who joined classes of the institute of technology, banaras hindu university on or after the commencement of academic session or completed the courses on or after academic session shall for the purpose of clause b of subsection 1 of section 6, be deemed to have pursued a course of study in the indian institute of technology banaras hindu university, varanasi provided that such student has not already been awarded degree or diploma for the same course of study o if any difficulty arises in giving effect to the provisions of the institutes of technology amendment act, 34 of , the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty: provided that no order shall be made under this clause after the expiry of two years from the commencement of the institutes of technology amendment act, : provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament. 5p until the first statutes and ordinances in relation to the indian institute of technology, tirupati, the indian institute of technology, palakkad, the indian institute of technology, goa, the indian institute of technology, dharward, the indian institute of technology, bhilai, the indian institute of technology, jammu, are made under this act, the statutes and ordinances of such institutes, as in force immediately before the commencement of the institutes of technology amendment act, 41 of , shall apply to those institutes with necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act q the executive board, referred to in rule 7 of the rules and regulations of the indian school of mines, dhanbad, functioning as such immediately before the commencement of the institutes of technology amendment act, 41 of , shall continue to so function until a new board is constituted for the indian institute of technology indian school of mines, dhanbad, under this act, but on the constitution of a new board under this act, the executive board of the indian school of mines, dhanbad shall cease to function so far as the indian institute of technology indian school of mines, dhanbad is concerned r the academic council, referred to in rule 9 of the rules and regulations of the indian school of mines, dhanbad, functioning as such immediately before the commencement of the institutes of technology amendment act, 41 of shall continue to so function until a new senate is constituted for the indian institute of technology indian school of mines, dhanbad under this act, but on the constitution of a new senate under this act, the academic council of the indian school of mines, dhanbad shall cease to function so far as the indian institute of technology indian school of mines, dhanbad s until the first statutes and the ordinances in relation to the indian institute of technology indian school of mines, dhanbad are made under this act, the statutes and ordinances as are applicable to the indian institute of technology, roorkee immediately before the commencement of the institutes of technology amendment act, 41 of , shall apply to the indian institute of technology indian school of mines, dhanbad, with the necessary modifications and adaptations in so far as they are not inconsistent with the provisions of this act t notwithstanding anything contained in the institutes of technology amendment act, , any student who joined classes of the indian school of mines, dhanbad on or after the commencement of academic session or completed the courses on or after academic session shall for the purpose of clause b of subsection 1 of section 6, be deemed to have pursued a course of study in the indian institute of technology indian school of mines, dhanbad provided that such student has not already been awarded degree or diploma for the same course of study u if any difficulty arises in giving effect to the provisions of the institutes of technology amendment act, 41 of , the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty: provided that no order shall be made under this clause after the expiry of two years from the commencement of the institutes of technology amendment act, 41 of : provided further that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament. 6explanation. 1the reference in clause a of this section to the commencement of this act shall be construted in relation to the indian institute of technology, guwahati as the reference to the date on which the provisions of the institutes of technology amendment act, 35 of come into force. 7explanation 2.the reference in clauses e and f of this section to the commencement of this act shall be construed in relation to the indian institute of technology, roorkee as the reference to the date on which the provisions of the institutes of technology amendment act, come into force. 8explanation 3.the reference in clauses k, l and m of this section to the commencement of this act shall be construed in relation to the indian institute of technology banaras hindu university, varanasi, as the reference to the date on which the provisions of the institutes of technology amendment act, 34 of come into force. 9explanation 4.the reference in clauses q, r and s of this section to the commencement of this act shall be construed in relation to the indian institute of technology indian school of mines, dhanbad, as the reference to the date on which the provisions of the institutes of technology amendment act, come into force. 1. subs. by act 29 of , s. 6, for any academic council constituted in relation to any institute w.e.f. . 2. added by act 35 of , s. 6 w.e.f. . 3. ins. by s. 6, ibid. w.e.f. . 4. ins. by act 34 of , s. 10 w.e.f. . 5. the words in brackets shall stand inserted date to be notified by act 41 of , s. 6. 6. explanation numbered as explanation 1 thereof by act 16 of , s. 6 w.e.f. . 7. explanation 2 ins. by s. 6, ibid. w.e.f. . 8. explanation 3 ins. by act 34 of , s. 10 w.e.f. . 9. the words in brackets shall stand inserted date to be notified by act 41 of , s. 6.

section 6. of the motor vehicles act : show related subordinates 1 no person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learners licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. 2 no holder of a driving licence or a learners licence shall permit it to be used by any other person. 3 nothing in this section shall prevent a licensing authority having the jurisdiction referred to in subsection 1 of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive.

section 5. of the motor vehicles act : show related subordinates no owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

section 1. of the motor vehicles act : show related subordinates 1 this act may be called the motor vehicles act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different state and any reference in this act to the commencement of this act shall, in relation to a states, be construed as a reference to the coming into force of this act in that state. 1. 1st july, , vide notification no. s.o. 368e, dated 22nd may, , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 2. of the motor vehicles act : show related subordinates in this act, unless context otherwise requires, 11 adapted vehicle means a motor vehicle either specially designed and constructed, or to which alterations have been made under subsection 2 of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person 1a aggregator means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation 1b area, in relation to any provision of this act, means such area as the state government may, having regard to the requirements of that provision, specify by notification in the official gazette 2 articulated vehicle means a motor vehicle to which a semitrailer is attached 3 axle weight means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests 4 certificate of registration means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of chapter iv 24a community service means an unpaid work which a person is required to perform as a punishment for an offence committed under this act 5 conductor, in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed 6 conductors licence means the licence issued by a competent authority under chapter iii authorising the person specified therein to act as a conductor 7 contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum a on a time basis, whether or not with reference to any route or distance or b from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes i a maxicab and ii a motor cab notwithstanding that separate fares are charged for its passengers 8 dealer includes a person who is engaged 3 b in building bodies for attachment to chassis or c in the repair of motor vehicles or d in the business of hypothecation, leasing or hirepurchase of motor vehicle 9 driver includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle 49a driver refresher training course means the course referred to in subsection 2a of section 19 10 driving licence means the licence issued by a competent authority under chapter ii authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description 11 educational institution bus means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities 12 fares includes sums payable for a season ticket or in respect of the hire of a contract carriage 412a golden hour means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care 13 goods includes livestock, and anything other than equipment ordinarily used with the vehicle carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle 14 goods carriage means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods 15 gross vehicle weight means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle 16 heavy goods vehicle means any goods carriage the gross vehicle weight of which, or a tractor or a roadroller the unladen weight of either of which, exceeds 12,000 kilograms 17 heavy passenger motor vehicle means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms 5 19 learners licence means the licence issued by a competent authority under chapter ii authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description 20 licensing authority means an authority empowered to issue licences under chapter ii or, as the case may be, chapter iii 21 light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or roadroller the unladen weight of any of which, does not exceed 6 kilograms 721a manufacturer means a person who is engaged in the manufacture of motor vehicles 22 maxicab means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward 23 medium goods vehicle means any goods carriage other than a light motor vehicle or a heavy goods vehicle 24 medium passenger motor vehicle means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 8adapted vehicle, light motor vehicle or heavy passenger motor vehicle 25 motorcab means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward 26 motor car means any motor vehicle other than a transport vehicle, omnibus, roadroller, tractor, motor cycle or 8adapted carriage 27 motor cycle means a twowheeled motor vehicle, inclusive of any detachable sidecar having an extra wheel, attached to the motor vehicle 28 motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 9twentyfive cubic centimetres 29 omnibus means any motor vehicle constructed or adapted to carry more than six persons excluding the driver 30 owner means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hirepurchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement 31 permit means a permit issued by a state or regional transport authority or an authority prescribed in this behalf under this act authorising the use of a motor vehicle as a transport vehicle 32 prescribed means prescribed by rules made under this act 33 private service vehicle means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes 34 public place means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage 35 public service vehicle means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage 36 registered axle weight means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle 37 registering authority means an authority empowered to register motor vehicles under chapter iv 38 route means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another 1038a scheme means a scheme framed under this act 1139 semitrailer means a vehicle not mechanically propelled other than a trailer, which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle 40 stage carriage means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey 41 state government in relation to a union territory means the administrator thereof appointed under article 239 of the constitution 42 state transport undertaking means any undertaking providing road transport service, where such undertaking is carried on by, i the central government or a state government ii any road transport corporation established under section 3 of the road transport corporations act, 64 of iii any municipality or any corporation or company owned or controlled by the central government or one or more state governments, or by the central government and one or more state governments 12iv zilla parishad or any other similar local authority. explanation.for the purposes of this clause, road transport service means a service of motor vehicles carrying passengers or goods or both by road for hire or reward 1042a testing agency means any entity designated as a testing agency under section 110b 43 tourist vehicle means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf 44 tractor means a motor vehicle which is not itself constructed to carry any load other than equipment used for the purpose of propulsion but excludes a roadroller 45 traffic signs includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles 46 trailer means any vehicle, other than a semitrailer and a sidecar, drawn or intended to be drawn by a motor vehicle 47 transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle 48 unladen weight means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body 49 weight means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 10or moves. 1. subs. by act 32 of , s. 2, for clause 1 w.e.f. . 2. ins. by s. 2, ibid w.e.f. . 3. subclause a omitted by act 54 of , s. 2 w.e.f. . 4. ins. by act 32 of , s. 2 w.e.f. . 5. clause 18 omitted by s. 2, ibid. w.e.f. . 6. subs. by act 54 of , s. 2, for w.e.f. . 7. ins. by s. 2, ibid. w.e.f. . 8. subs. by act 32 of , s. 2, for invalid carriage w.e.f. . 9. subs. by act 54 of , s. 2, for thirtyfive cubic centimetres w.e.f. . 10. ins. by act 32 of , s. 2 w.e.f. . 11. subs. by act 54 of , s. 2, for clause 39 w.e.f. . 12. ins. by s. 2, ibid. w.e.f. .

section 7. of the motor vehicles act : show related subordinates 11 no person shall be granted a learners licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year: 2provided that nothing contained in this subsection shall apply to an ecart or erickshaw. 2 no person under the age of eighteen years shall be granted a learners licence to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learners licence. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. . 2. ins. by act 3 of , s. 3 w.e.f.

section 2a. of the motor vehicles act : 12a. ecart and erickshaw.1 save as otherwise provided in the proviso to subsection 1 of section 7 and subsection 10 of section 9, the provisions of this act shall apply to ecart and erickshaw. 2 for the purposes of this section, ecart or erickshaw means a special purpose battery powered vehicle of power not exceeding watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf. 1. ins. by act 3 of , s. 2 w.e.f. .

section 2b.promotion of innovation of the motor vehicles act : show related subordinates 12b.promotion of innovation. notwithstanding anything contained in this act and subject to such conditions as may be prescribed by the central government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the central government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this act. 1. ins. by act 32 of , s. 3 w.e.f. .

section 9. of the motor vehicles act : show related subordinates 1 any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to 1any licensing authority in the state i in which he ordinarily resides or carries on business, or ii in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. 2 every application under subsection 1 shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the central government. 23 if the applicant passes such test as may be prescribed by the central government, he shall be issued the driving licence: provided that no such test shall be necessary where the applicant produces proof to show that a i the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or ii the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or iii the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside india, subject to the condition that the applicant complies with the provisions of subsection 3 of section 8, b the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in subsection 3 of section 8: 3provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle. 4 where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 4 a driving certificate issued by a school or establishment referred to in section 12. 55 where the applicant does not pass the test he may be permitted to reappear for the test after a period of seven days: provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to reappear for such test before the expiry of a period of sixty days from the date of last such test 6and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12. 6 the test of competence to drive shall be carried out in a vehicle of the type to which the application refers: provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. 7 when any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicants inability to apply to the appropriate licensing authority: provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. 8 if the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he a is a habitual criminal or a habitual drunkard or b is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the narcotic drugs and psychotropic substances act, 61 of or c is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this subsection may, within thirty days of the receipt of the order, appeal to the prescribed authority. 9 any driving licence for driving a motor cycle in force immediately before the commencement of this act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 710 notwithstanding anything contained in this section, the driving licence to drive ecart or erickshaw shall be issued in such manner and subject to such conditions, as may be prescribed. 1. subs. by s. 5, ibid., for the licensing authority having jurisdiction in the area w.e.f. . 2. subs. by act 54 of , s. 7, for subsection 3 w.e.f. . 3. subs. by act 32 of , s. 5, for the second proviso w.e.f. . 4. the words such minimum educational qualification as may be prescribed by the central government and omitted by s. 5, ibid w.e.f. . 5. subs. by act 54 of , s. 7, for subsection 5 w.e.f. . 6. ins. by act 32 of , s. 5, w.e.f. . 7. ins. by act 3 of , s. 4 w.e.f. .

section 4. of the motor vehicles act : show related subordinates 1 no person under the age of eighteen years shall drive a motor vehicle in any public place: provided that 1a motor cycle with engine capacity not exceeding 50cc may be driven in a public place by a person after attaining the age of sixteen years. 2 subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. 3 no learners licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. 1. subs. by act 54 of , s. 4, for a motor cycle without gear w.e.f. .

section 12. of the motor vehicles act : show related subordinates 1 the central government may make rules for the purpose of licensing and regulating, by the state governments, schools or establishments by whatever name called for imparting instruction in driving of motor vehicles and matters connected therewith. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a licensing of such schools or establishments including grant, renewal and revocation of such licences b supervision of such schools or establishments c the form of application and the form of licence and the particulars to be contained therein d fee to be paid with the application for such licences e conditions subject to which such licences may be granted f appeals against the orders of refusal to grant or renew such licences and appeals against the orders revoking such licences g conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles h nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle i apparatus and equipments including motor vehicles fitted with dual control required for the purpose of imparting such instruction j suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein k qualifications, both educational and professional including experience, which a person imparting instruction in driving a motor vehicle shall possess l inspection of such schools and establishments including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction m maintenance of records by such schools or establishments n financial stability of such schools or establishments o the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates p such other matters as may be necessary to carry out the purposes of this section. 3 where the central government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section. 4 a school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this act whether under a licence or not, may continue to impart such instruction without a licence issued under this act for a period of one month from such commencement, and if it has made an application for such licence under this act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority. 15 notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the central government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle. 6 the curriculum of the training module referred to in subsection 5 and the remedial driver training course referred to in subsection 5 of section 9 shall be such as may be prescribed by the central government and that government may make rules for the regulation of such schools or establishments. 1. ins. by act 32 of , s. 8, w.e.f.

section 3. of the motor vehicles act : show related subordinates 1 no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle and no person shall so drive a transport vehicle other than 1a motor cab or motor cycle hired for his own use or rented under any scheme made under subsection 2 of section 75 unless his driving licence specifically entitles him so to do. 2 the conditions subject to which subsection 1 shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the central government. 1. subs. by act 54 of , s. 3 for a motor cab w.e.f. .

section 13. of the motor vehicles act : show related subordinates a learners licence or a driving licence issued under this act shall be effective throughout india.

section 8. of the motor vehicles act : show related subordinates 1 any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to 1any of the licensing authority in the state i in which he ordinarily resides or carries on business, or ii in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learners licence. 2 every application under subsection 1 shall be in such form and shall be accompanied by such documents 2with such fee and submit in such manner, including electronic means as may be prescribed by the central government. 3 every application 3to drive a transport vehicle made under subsection 1 shall be accompanied by a medical certificate in such form as may be prescribed by the central government and signed by such registered medical practitioner, as the state government or any person authorised in this behalf by the state government may, by notification in the official gazette, appoint for this purpose: 4 4 if, from the application or from the medical certificate referred to in subsection 3, it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learners licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learners licence: provided that a learners licence limited to driving an 5adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. 5 no learners licence shall be issued to any applicant unless he 6 satisfies such conditions as may be prescribed by the central government. . 6 when an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under subsection 3 and has passed to the satisfaction of the licensing authority the test referred to in subsection 5, the licensing authority shall, subject to the provisions of section 7, issue the applicant a learners licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: provided that a licensing authority may issue a learners licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicants inability to apply to the appropriate licensing authority. 7provided further that a licencing authority may issue a learners licence in electronic form and such manner as may be prescribed by the central government.: provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the central government. 7 where the central government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of subsection 3, or subsection 5, or both. 8 any learners licence for driving a motor cycle in force immediately before the commencement of this act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. 1. subs. by act 32 of , s.4, for the licensing authority having jurisdiction in the area w.e.f. . 2. subs. by s. 4, ibid., for and with such fee w.e.f. . 3. ins. by s. 4, ibid. w.e.f. . 4. the proviso omitted by s. 4, ibid w.e.f. . 5. subs. by s. 4, ibid., for invalid carriage w.e.f. . 6. subs. by s. 4, ibid., for passes to the satisfaction of the licensing authority such test w.e.f. . 7. the provisos ins. by act 32 of , s. .

section 10. of the motor vehicles act : show related subordinates 1 every learners licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the central government. 2 a learners licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: a motor cycle without gear b motor cycle with gear c 1adapted vehicle d light motor vehicle 2e transport vehicle i roadroller j motor vehicle of a specified description. 1. subs. by act 32 of , s. 6, for invalid carriage w.e.f. . 2. subs. by act 54 of , s. 8, for clauses e to h w.e.f. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 15. of the motor vehicles act : show related subordinates 1 any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this act with effect from the date of its expiry: provided that in any case where the application for the renewal of a licence is made 1either one year prior to date of its expiry or within one year after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in subsection 3 of section 8, and the provisions of subsection 4 of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learners licence. 2 an application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the central government. 3 where an application for the renewal of a driving licence is made previous to, or not more than 2one year after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the central government in this behalf. 4 where an application for the renewal of a driving licence is made more than 1 one year after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the central government: provided that the fee referred to in subsection 3 may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this subsection if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in subsection 3: provided further that if the application is made more than 3one year after the driving licence has ceased to be effective, the licensing authority shall refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in subsection 3 of section 9. 5 where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the central government. 6 where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence. 1. subs. by s. 10, ibid., for more than thirty days w.e.f. . 2. subs. by act 32 of , s. 10, for thirty days w.e.f. . 3. subs. by s. 10, ibid., for five years after the driving licence has ceased to be effective, the licensing authority may w.e.f. 1 . rules notifications yeardescriptionfiles the central motor vehicles rules, , central motor vehicles fifth amendment rules, yeardescriptionfiles draft gsr 744e dated 28.07. revision of fees 22nd amendment gsr e29.12. gsr 271e21.03. revision of fees 6th g.s.r 240e dated 31.03. committe a licensing of drivers so e dated 31.03. implementation of sections of mv act

section 11. of the motor vehicles act : show related subordinates 1 any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to 1any licensing authority in the state in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the central government for the addition of such other class or description of motor vehicles to the licence. 2 subject to such rules as may be prescribed by the central government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence. 2provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the central government. 1. subs. by act 32 of , s. 7, for the licensing authority having jurisdiction in the area w.e.f. . 2. ins. by s. 7, ibid., w.e.f. . rules notifications yeardescriptionfiles central motor vehicles fifth amendment rules, yeardescriptionfiles draft gsr 744e dated 28.07. revision of fees 22nd amendment gsr e29.12. 6th g.s.r 240e dated 31.03. committe a licensing of drivers so e dated 31.03. implementation of sections of mv act

section 14. of the motor vehicles act : show related subordinates 1 a learners licence issued under this act shall, subject to the other provisions of this act, be effective for a period of six months from the date of issue of the licence. 2 a driving licence issued or renewed under this act shall, a in the case of a licence to drive a transport vehicle, be effective for a period of 1five years: 2 3provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of 4three years and renewal thereof shall be subject to such conditions as the central government may prescribe and 5b in the case of any other licence, subject to such conditions as the central government may prescribe, if the person obtaining the licence, either originally or on renewal thereof, i has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years or ii has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal or iii has attained the age of fifty years but has not attained the age of fiftyfive years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years or iv has attained the age of fiftyfive years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal. 6 1. subs. by act 32 of , s. 9, for three years w.e.f. . 2. the word and omitted by act 54 of , s. 9 w.e.f. . 3. ins. by s. 9, ibid. w.e.f. . 4. subs. by act 32 of , s. 9, for certain words w.e.f. . 5. subs. by s. 9, ibid., for cl. b w.e.f. . 6. the proviso omitted by s. 9, ibid. w.e.f. .

section 19. of the motor vehicles act : show related subordinates 1 if a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he a is a habitual criminal or a habitual drunkard or b is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the narcotic drugs and psychotropic substances act, 61 of or c is using or has used a motor vehicle in the commission of a cognizable offence or d has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public or e has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation or f has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the central government, having regard to the objects of this act or g has failed to submit to, or has not passed, the tests referred to in the proviso to subsection 3 of section 22 or h being a person under the age of eighteen years who has been granted a learners licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order i disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence or ii revoke any such licence. 11a where a licence has been forwarded to the licensing authority under subsection 4 of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence a for a first offence, for a period of three months b for a second or subsequent offence, with revocation of the driving licence of such person: provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the central government. 2 where an order under subsection 1 2or subsection 1a is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall, a if the driving licence is a driving licence issued under this act, keep it until the disqualification has expired or has been removed or b if it is not a driving licence issued under this act, endorse the disqualification upon it and send it to the licensing authority by which it was issued or c in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: 3provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course. 4 2a the licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the central government. 2b the nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the central government. 3 any person aggrieved by an order made by a licensing authority under subsection 1 2or subsection 1a may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final. 1. ins. by act 32 of , s. 11 w.e.f. . 2. ins. by act 32 of , s. 11, w.e.f. . 3. the proviso subs. by s. 11, ibid, w.e.f. . 4. ins. by s. 11, ibid., w.e.f. .

section 16. of the motor vehicles act : show related subordinates notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof to produce a medical certificate in the same form and in the same manner as is referred to in subsection 3 of section 8, if the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence.

section 18. of the motor vehicles act : show related subordinates 1 such authority as may be prescribed by the central government may issue driving licence valid throughout india to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the central government and are used for government purposes relating to the defence of the country and unconnected with any commercial enterprise. 2 a driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. 3 a driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in subsection 1. 4 the authority issuing any driving licence under this section shall, at the request of any state government, furnish such information respecting any person to whom a driving licence is issued as that government may at any time require.

section 17. of the motor vehicles act : show related subordinates 1 where a licensing authority refuses to issue any learners licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. 2 any person aggrieved by an order made under subsection 1 may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

section 21. of the motor vehicles act : show related subordinates 1 where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended a for a period of six months from the date on which the case is registered, or b if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be. 2 where by virtue of the provisions of subsection 1, the driving licence held by a person becomes suspended, the police officer, by whom the case referred to in subsection 1 is registered, shall bring such suspension to the notice of the court competent to take cognizance of such offence, and thereupon, such court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. 3 where the person referred to in subsection 1 is acquitted or discharged, the court shall cancel the endorsement on such driving licence with regard to the suspension thereof. 4 if a driving licence in relation to a particular class or description of motor vehicles is suspended under subsection 1, the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force.

section 20. of the motor vehicles act : show related subordinates 1 where a person is convicted of an offence under this act or of an offence in the commission of which a motor vehicle was used, the court by which such person is convicted may, subject to the provisions of this act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence: provided that in respect of an offence punishable under section 183 no such order shall be made for the first or second offence. 2 where a person is convicted of an offence under clause c of subsection 1 of section 132, section 134 or section 185, the court convicting any person of any such offence shall order the disqualification under subsection 1, and if the offence is relatable to clause c of subsection 1 of section 132 or section 134, such disqualification shall be for a period of not less than one month, and if the offence is relatable to section 185, such disqualification shall be for a period of not less than six months. 3 a court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of a person a who having been convicted of an offence punishable under section 184 is again convicted of an offence punishable under that section, b who is convicted of an offence punishable under section 189, or c who is convicted of an offence punishable under section 192: provided that the period of disqualification shall not exceed, in the case referred to in clause a, five years, or, in the case referred to in clause b, two years or, in the case referred to in clause c, one year. 4 a court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in subsection 3 of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. 5 the court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in subsection 1 may set aside or vary any order of disqualification made under that subsection notwithstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made.

section 22. of the motor vehicles act : show related subordinates 1 without prejudice to the provisions of subsection 3 of section 20 where a person, referred to in subsection 1 of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person in so far as it relates to that class or description of motor vehicle. 2 without prejudice to the provisions of subsection 2 of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the court, making such subsequent conviction, shall, by order, cancel the driving licence held by such person. 3 if a driving licence is cancelled or suspended under this section, the court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in subsection 3 of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in subsection 3 of section 8. 4 if a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force.

section 26. of the motor vehicles act : show related subordinates 126. maintenance of state registers of driving licences. each state government shall maintain, in such form as may be prescribed by the central government, a register to be known as the state register of driving licences, in respect of driving licences issued and renewed by the licensing authorities of the state government, containing particulars, including a names and addresses of holders of driving licences b licence numbers c dates of issue or renewal of licences d dates of expiry of licences e classes and types of vehicles authorised to be driven and f such other particulars as the central government may prescribe. 2 each state government shall supply to the central government a 2printed copy or copy in such other form as the central government may require of the state register of driving licences and shall inform the central government without delay of all additions to and other amendments in such register made from time to time. 3 the state register of driving licences shall be maintained in such manner as may be prescribed by the state government. 1. subs. by s. 13, ibid., for the section 26 w.e.f. . 2. subs. by act 54 of , s. 10, for printed copy w.e.f. .

section 23. of the motor vehicles act : show related subordinates 1 a person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period. 2 the operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. 3 any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the court or other authority by which the order was made, to remove the disqualification and the court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: provided that where the court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal.

section 24. of the motor vehicles act : show related subordinates 1 the court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made and particulars of any cancellation or variation of an order of disqualification made under subsection 3 of section 23 shall be similarly so endorsed. 2 a court by which any person is convicted of an offence under this act as may be prescribed by the central government, having regard to the objects of this act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted. 3 any person accused of an offence prescribed under subsection 2 shall when attending the court bring with him his driving licence if it is in his possession. 4 where any person is convicted of any offence under this act and sentenced to imprisonment for a period exceeding three months the court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed. 5 when the driving licence is endorsed or caused to be endorsed by any court, such court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed. 6 where on an appeal against any conviction or order of a court, which has been endorsed on a driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed and such authority shall amend or cause to be amended the endorsement. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 25. of the motor vehicles act : show related subordinates 1 an endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. 2 where a driving licence is required to be endorsed and the driving licence is not in the possession of the court or authority by which the endorsement is to be made, then a if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the court or authority within five days, or such longer time as the court or authority may fix or b if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. 3 a person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements: provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year of the date of the endorsement: provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded.

section 25a. of the motor vehicles act : 125a. national register of driving licences.1 the central government shall maintain a national register of driving licences in such form and manner as may be prescribed. 2 all state registers of driving licences shall be subsumed under the national register of driving licences by a date to be notified by the central government. 3 no driving licence issued, or renewed, under this act shall be valid unless it has been issued a unique driving licence number under the national register of driving licences. 4 all state governments and licensing authorities under this act shall transmit all information including contained data in the state register of driving licences in such form and manner as may be prescribed by the central government. 5 the state governments shall be entitled to access the national register and update their records in such manner as may be prescribed by the central government. 1. ins. by act 32 of , s. 12 w.e.f. .

section 27. of the motor vehicles act : show related subordinates the central government may make rules 1a specifications relating to ecart and erickshaw under subsection 2 of section 2a 2aa regarding conditions referred to in subsection 2 of section 3 b providing for the form in which the application for learners licence may be made, the information it shall contain and the documents to be submitted with the application referred to in subsection 2 of section 8 c providing for the form of medical certificate referred to in subsection 3 of section 8 d providing for the particulars for the test referred to in subsection 5 of section 8 3da the form and manner in which a licensing authority may issue a learners licence under subsection 6 of section 8 db the manner in which a licensing authority may verify the identity of the applicant under the third proviso to subsection 6 of section 8 e providing for the form in which the application for driving licence may be made, the information it shall contain and the documents to be submitted with the application referred to in subsection 2 of section 9 f providing for the particulars regarding test of competence to drive, referred to in subsection 3 of section 9 2ff the manner and the conditions subject to which the driving licence may be issued under subsection 10 of section 9 g specifying the minimum educational qualifications of persons to whom licences to drive transport vehicles may be issued under this act and the time within which such qualifications are to be acquired by such persons h providing for the form and contents of the licences referred to in subsection 1 of section 10 i providing for the form and contents of the application referred to in subsection 1 of section 11 and documents to be submitted with the application and the fee to be charged j providing for the conditions subject to which section 9 shall apply to an application made under section 11 3ja the curriculum of training modules and the regulation of schools and establishments under subsection 6 of section 12 jb the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause a and clause b of subsection 2 of section 14 jc the manner in which a licensing authority may verify the identity of the applicant under the third proviso to subsection 2 of section 11 k providing for the form and contents of the application referred to in subsection 1 of section 15 and the documents to accompany such application under subsection 2 of section 15 l providing for the authority to grant licences under subsection 1 of section 18 m specifying the fees payable under subsection 2 of section 8, subsection 2 of section 9 and subsections 3 and 4 of section 15 for the grant of learners licences, and for the grant and renewal of driving licences and licences for the purpose of regulating the schools or establishment for imparting instructions in driving motor vehicles n specifying the acts for the purposes of clause f of subsection 1 of section 19 4na the manner of placing in the public domain of the name of the licence holder as referred to in subsection 1a of section 19 nb providing for the nature, syllabus and duration of the driver refresher training course as referred to in subsection 2b of section 19 o specifying the offences under this act for the purposes of subsection 2 of section 24 4oa all or any of the matters referred to in section 25a p to provide for all or any of the matters referred to in 5 section 26 q any other matter which is, or has to be, prescribed by the central government. 1. ins. by act 3 of , s. 5 w.e.f. . 2. clause a renumbered as clause aa thereof by s. 5, ibid. w.e.f. . 3. ins. by act 32 of , s. 14 w.e.f. . 4. ins. by act 32 of , s. 14 w.e.f. . 5. the words, brackets and figure subsection 1 of omitted by s. 14, ibid. w.e.f. .

section 34. of the motor vehicles act : 1 if any licensing authority is of opinion that it is necessary to disqualify the holder of a conductors licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductors licence: provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard. 2 upon the issue of any such order, the holder of the conductors licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed. 3 where the authority disqualifying the holder of a conductors licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same. 4 any person aggrieved by an order made under subsection 1 may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

section 29. of the motor vehicles act : show related subordinates 1 no person shall act as a conductor of a stage carriage unless he holds an effective conductors licence issued to him authorising him to act as such conductor and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. 2 a state government may prescribe the conditions subject to which subsection 1 shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.

section 28. of the motor vehicles act : show related subordinates 1 a state government may make rules for the purpose of carrying into effect the provisions of this chapter other than the matters specified in section 27. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities b the conduct and hearing of appeals that may be preferred under this chapter, the fees to be paid in respect of such appeals and the refund of such fees: provided that no fee so fixed shall exceed twentyfive rupees c the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor d the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges e the fee payable for the issue of a medical certificate under subsection 3 of section 8 f the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this chapter g the communication of particulars of licences granted by one licensing authority to other licensing authorities h the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued i the exemption of drivers of roadrollers from all or any of the provisions of this chapter or of the rules made thereunder 1 k any other matter which is to be, or may be, prescribed. 1. clause j omitted by s. 15 w.e.f. . rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle so e dated 31.03. implementation of sections of mv act

section 30. of the motor vehicles act : 1 any person who possesses such minimum educational qualification as may be prescribed by the state government and is not disqualified under subsection 1 of section 31 and who is not for the time being disqualified for holding or obtaining a conductors licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductors licence. 2 every application under subsection 1 shall be in such form and shall contain such information as may be prescribed. 3 every application for a conductors licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant. 4 a conductors licence issued under this chapter shall be in such form and contain such particulars as may be prescribed and shall be effective throughout the state in which it is issued. 5 the fee for a conductors licence and for each renewal thereof shall be onehalf of that for a driving licence.

section 35. of the motor vehicles act : show related subordinates 1 where any person holding a conductors licence is convicted of an offence under this act, the court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the court may specify for holding a conductors licence. 2 the court to which an appeal lies from any conviction of an offence under this act may set aside or vary any order of disqualification made by the court below, and the court to which appeals ordinarily lie from such court, may set aside or vary any order of disqualification made by that court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

section 31. of the motor vehicles act : 1 no person under the age of eighteen years shall hold, or be granted, a conductors licence. 2 the licensing authority may refuse to issue a conductors licence a if the applicant does not possess the minimum educational qualification b if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor and c if any previous conductors licence held by the applicant was revoked.

section 33. of the motor vehicles act : 1 where a licensing authority refuses to issue or renew, or revokes any conductors licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. 2 any person aggrieved by an order made under subsection 1 may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

section 32. of the motor vehicles act : a conductors licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductors licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.

section 36. of the motor vehicles act : show related subordinates the provisions of subsection 2 of section 6, sections 14, 15 and 23, subsection 1 of section 24 and section 25 shall, so far as may be, apply in relation to a conductors licence, as they apply in relation to a driving licence. notifications yeardescriptionfiles so e dated 26.11. implementation of section 36

section 38. of the motor vehicles act : show related subordinates 1 a state government may make rules for the purpose of carrying into effect the provisions of this chapter. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this chapter b the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of subsection 1 of section 29 c the minimum educational qualifications of conductors their duties and functions and the conduct of persons to whom conductors licences are issued d the form of application for conductors licences or for renewal of such licences and the particulars it may contain e the form in which conductors licences may be issued or renewed and the particulars it may contain f the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor g the conduct and hearing of appeals that may be preferred under this chapter, the fees to be paid in respect of such appeals and the refund of such fees: provided that no fee so fixed shall exceed twentyfive rupees h the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges i the grant of the certificates referred to in subsection 3 of section 30 by registered medical practitioners and the form of such certificates j the conditions subject to which, and the extent to which, a conductors licence issued in another state shall be effective in the state k the communication of particulars of conductors licences from one authority to other authorities and l any other matter which is to be, or may be, prescribed.

section 37. of the motor vehicles act : show related subordinates if any licence to act as a conductor of a stage carriage by whatever name called has been issued in any state and is effective immediately before the commencement of this act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this act had not been passed, and every such licence shall be deemed to be a licence issued under this chapter as if this chapter had been in force on the date on which that licence was granted. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 43. of the motor vehicles act : show related subordinates 143. temporary registration. notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the state government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the central government: provided that the state government may register a motor vehicle that plies, temporarily, within the state and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the state government. 1. subs. by act 32 of , s. 18, for section 43 w.e.f. .

section 39. of the motor vehicles act : show related subordinates no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner: provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the central government. rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles so e dated 11.03. implementation of section 39 and 40 draft gsr 340e 05 may ease of doing business trade certificate

section 40. of the motor vehicles act : show related subordinates subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by 1any registering authority in the state in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. 1. subs. by act 32 of , s. 16, for a registering authority w.e.f. . notifications yeardescriptionfiles so e dated 11.03. implementation of section 39 and 40

section 45. of the motor vehicles act : show related subordinates the registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle other than a transport vehicle, if in either case, the registering authority has reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this act or of the rules made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate or registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reasons for such refusal. notifications yeardescriptionfiles so e dated 25.09. implementation section 45

section 41. of the motor vehicles act : show related subordinates 1 an application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the central government: provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this act. 1provided further that in the case of a new motor vehicle, the application for registration in the state shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same state in which the dealer is situated. 2 an application referred to in subsection 1 shall be accompanied by such fee as may be prescribed by the central government. 3 the registering authority shall issue 2a certificate of registration in the name of the owner in such form and containing such particulars and information and in such manner as may be prescribed by the central government. 4 in addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the central government may, having regard to the design, construction and use of the motor vehicle, by notification in the official gazette, specify. 5 the registering authority shall enter the particulars of the certificate referred to in subsection 3 in a register to be maintained in such form and manner as may be prescribed by the central government. 6 the registering authority shall assign to the vehicle, for display thereon, a distinguishing mark in this act referred to as the registration mark consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the state by the central government from time to time by notification in the official gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the central government. 3provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to subsection 1, such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the central government. 7 a certificate of registration issued under subsection 3, whether before or after the commencement of this act, in respect of a motor vehicle, 4, shall, subject to the provisions contained in this act, be valid only for a period of fifteen years from the date of issue of such certificate 3or for such period as may be prescribed by the central government and shall be renewable. 8 an application by or on behalf of the owner of a motor vehicle, 4, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the central government. 9 an application referred to in subsection 8 shall be accompanied by such fee as may be prescribed by the central government. 10 subject to the provisions of section 56, the registering authority may, on receipt of an application under subsection 8, renew the certificate of registration 5for such period, as may be prescribed by the central government and intimate the fact to the original registering authority, if it is not the original registering authority. 3provided that the central government may prescribe different period of renewal for different types of motor vehicles. 6 14 an application for the issue of a duplicate certificate of registration shall be made to the 7last registering authority in such form, containing such particulars and information along with such fee as may be prescribed by the central government. state amendment rajasthan amendment of section 41, central act 59 of .in section 41 of the motor vehicles act, central act 59 of , a in subsections 7 and 8, the expression, other than a transport vehicle, shall be deleted b after subsection 7 so amended, the following proviso shall be inserted, namely: provided that in the case of transport vehicles, state government may require the transport vehicles to be reregistered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the act. and c in subsection 10 after the words for a period of five years and before the words and intimate, the expression on payment of all taxes, penalties and interest, if any, levied by the state government shall be inserted. vide rajasthan act 1 of , s. 2. 1. ins. by s. 17, ibid. w.e.f. . 2. subs. by s. 17, ibid., for to the owner of a motor vehicle registered by it a certificate of registration w.e.f. . 3. ins. by act 32 of , s. 17, w.e.f. . 4. the words other than a transport vehicle omitted by s. 17, ibid., w.e.f. . 5. subs. by s. 17, ibid., for for a period of five years w.e.f. . 6. subsections 11, 12, 13 omitted by s. 17, ibid., w.e.f. . 7. subs. by act 54 of , s. 11, for original registering authority w.e.f. . rules notifications yeardescriptionfiles the central motor vehicles rules, , cmvr 4th amendment central motor vehicles 4th amendment rules, . central motor vehicles 10th amendment rules, . central motor vehicles 13th amendment rules, . central motor vehicles 4th amendment rules, central motor vehicles 6th amendment rules, central motor vehicles 17th amendment rules, yeardescriptionfiles draft gsr 478 dated 02.05. 17th amendment gsr 954e 04.10. so e dated 28.08. enforcement of sections of motor vehicle so e dated 23.10. so e dated 25.11. registration mark for ladakh so 295e dated 22.01. dd registration 6th g.s.r 240e dated 31.03. committe a licensing of drivers so e dated 28.05. vehicle classification 18th gsr 596e 26 august special purpose vehicle 3rd gsr 153e dated 23 feb cash van

section 42. of the motor vehicles act : show related subordinates .1 where an application for registration of a motor vehicle is made under subsection 1 of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in subsection 3 or subsection 6 of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the central government under subsection 3 and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate hereafter in this section referred to as the certificate of registration that the vehicle has been registered under this section and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this act. 2 if any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. 3 the central government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles. 4 for the purposes of this section, diplomatic officer or consular officer means any person who is recognised as such by the central government and if any question arises as to whether a person is or is not such an officer, the decision of the central government thereon shall be final. rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle 17th amendment gsr 682e 29 october

section 44. of the motor vehicles act : show related subordinates 144. production of vehicle at the time of registration. 1 subject to such terms and conditions as may be prescribed by the central government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time. 2 subject to such terms and conditions as may be prescribed by the state government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority. 1. subs. by, s. 19, ibid., for section 44 w.e.f. . rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles 6th g.s.r 240e dated 31.03. committe a licensing of drivers so 691e dated 15 feb implementation of section 44

section 47. of the motor vehicles act : show related subordinates 1 when a motor vehicle registered in one state has been kept in another state, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the central government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority: provided that an application under this subsection shall be accompanied i by the no objection certificate obtained under section 48, or ii in a case where no such certificate has been obtained, by a the receipt obtained under subsection 2 of section 48 or b the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted: provided further that, in a case where a motor vehicle is held under a hirepurchase, lease or hypothecation agreement, an application under this subsection shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. 2 the registering authority, to which application is made under subsection 1, shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in subsection 6 of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. 3 where a motor vehicle is held under a hirepurchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under subsection 2, inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hirepurchase or lease or hypothecation agreement by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark. 4 a state government may make rules under section 65 requiring the owner of a motor vehicle not registered within the state, which is brought into or is for the time being in the state, to furnish to the prescribed authority in the state such information with respect to the motor vehicle and its registration as may be prescribed. 5 if the owner fails to make an application under subsection 1 within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under subsection 7: provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. 6 where the owner has paid the amount under subsection 5, no action shall be taken against him under section 177. 7 for the purposes of subsection 5, the state government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under subsection 1.

section 46. of the motor vehicles act : show related subordinates subject to the provisions of section 47, a motor vehicle registered in accordance with this chapter in any state shall not require to be registered elsewhere in india and a certificate of registration issued or in force under this act in respect of such vehicle shall be effective throughout india. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 48. of the motor vehicles act : show related subordinates 1 the owner of a motor vehicle when applying for the assignment of a new registration mark under subsection 1 of section 47, or where the transfer of a motor vehicle is to be effected in a state other than the state of its registration, the transferor of such vehicle when reporting the transfer under subsection 1 of section 50, shall make an application in such form and in such manner as may be prescribed by the central government to the registering authority by which the vehicle was registered for the issue of a certificate hereafter in this section referred to as the no objection certificate, to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration. 2 the registering authority shall, on receipt of an application under subsection 1, issue a receipt in such form as may be prescribed by the central government. 3 on receipt of an application under subsection 1, the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no objection certificate: provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. 4 where within a period of thirty days referred to in subsection 3, the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate. 5 before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to government including road tax in respect of that motor vehicle have been paid and take into account such other factors as may be prescribed by the central government. 16 the owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate. 1. ins. by act 54 of , s. 13 w.e.f. .

section 49. of the motor vehicles act : show related subordinates 1 if the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the central government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another 1state, to any registering authority in that state, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein. 21a the intimation under subsection 1 may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the central government. 2 if the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in subsection 1, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding 3five hundred rupees as may be prescribed under subsection 4: provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. 3 where a person has paid the amount under subsection 2, no action shall be taken against him under section 177. 4 for the purposes of subsection 2, a state government may prescribe different amounts having regard to the period of delay in intimating his new address. 5 on receipt of intimation under subsection 1, the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. 6 a registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. 7 nothing in subsection 1 shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration. 1. subs. by act 32 of , s. 20, for registering authority, to that other registering authority w.e.f. . 2. ins. by s. 20, ibid. w.e.f. . 3. subs. by s. 20, ibid., for one hundred rupees w.e.f. .

section 51. of the motor vehicles act : show related subordinates 1 where an application for registration of a motor vehicle which is held under a hirepurchase, lease or hypothecation agreement hereafter in this section referred to as the said agreement is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. 2 where the ownership of any motor vehicle registered under this chapter is transferred and the transferee enters into the said agreement with any person, the 1last registering authority shall, on receipt of an application in such form as the central government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority. 3 any entry made under subsection 1 or subsection 2, may be cancelled by the 1last registering authority on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the central government may prescribe 2and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority. 4 no entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. 5 where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle 3from the registered owner owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this subsection would have been in force. 6 the registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under subsection 14 of section 41, or for the assignment of a new registration mark 4under section 47, or removal of the vehicle to another state, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application to the person with whom the registered owner has entered into the said agreement such person being hereafter in this section referred to as the financier for the issue of a no objection certificate hereafter in this section referred to as the certificate. explanation. for the purposes of this subsection and subsections 8 and 9, appropriate authority in relation to any permit means the authority which is authorised by this act to renew such permit and, in relation to registration, means the authority which is authorised by this act to issue duplicate certificate of registration or to assign a new registration mark. 7 within seven days of the receipt of an application under subsection 6, the financier may issue, or refuse for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. 8 the registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under subsection 14 of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under subsection 7 or, where no such certificate has been obtained, the communication received from the financier under that subsection, or, as the case may be a declaration that he has not received any communication from the financier within the period of seven days specified in that subsection. 9 on receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this act, a in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either i renew or refuse to renew the permit, or ii issue or refuse to issue the duplicate certificate of registration, or iii assign or refuse to assign a new registration mark b in any other case, i renew the permit, or ii issue duplicate certificate of registration, or iii assign a new registration mark. 10 a registering authority making an entry in the certificate of registration regarding a hirepurchase, lease or hypothecation agreement of a motor vehicle, or b the cancellation under subsection 3 of an entry, or c recording transfer of ownership of motor vehicle, or d any alteration in a motor vehicle, or e suspension or cancellation of registration of a motor vehicle, or f change of address, shall communicate 5by registered post acknowledgment due to the financier that such entry has been made. 611 a registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. 12 the registering authority where it is not the original registering authority, when making entry under subsection 1 or subsection 2, or cancelling the said entry under subsection 3 or issuing the fresh certificate of registration under subsection 5 shall communicate the same to the original registering authority. 1. subs. by act 54 of , s. 14, for original registering authority w.e.f. . 2. added. by s. 14, ibid. w.e.f. . 3. ins. by s. 14, ibid. w.e.f. . 4. subs. by act 54 of , s. 14, for under section 47, make an application w.e.f. . 5. ins. by act 54 of , s.14 w.e.f. . 6. subs. by s.14, ibid., for subsection 11 w.e.f. .

section 55. of the motor vehicles act : show related subordinates 1 if a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to that authority the certificate of registration of the vehicle. 2 the registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. 3 any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the state government may by order appoint and, if, upon such examination and after giving the owner an opportunity to make any representation he may wish to make by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration, it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration. 4 if a registering authority is satisfied that a motor vehicle has been permanently removed out of india, the registering authority shall cancel the registration. 5 if a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration, and for reasons to be recorded in writing cancel the registration. 15a if any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199a, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year: provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41. 6 a registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle. 7 a registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. 8 the expression original registering authority in this section and in sections 41, 49, 50, 51, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded. 9 in this section, certificate of registration includes a certificate of registration renewed under the provisions of this act. 1. ins. by act 32 of , s. 22 w.e.f. .

section 50. of the motor vehicles act : show related subordinates 1 where the ownership of any motor vehicle registered under this chapter is transferred, a the transferor shall, i in the case of a vehicle registered within the same state, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the central government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee and ii in the case of a vehicle registered outside the state, within fortyfive days of the transfer, forward to the registering authority referred to in subclause i a the no objection certificate obtained under section 48 or b in a case where no such certificate has been obtained, i the receipt obtained under subsection 2 of section 48 or ii the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted b the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. 2 where a the person in whose name a motor vehicle stands registered dies, or b a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the central government. 3 if the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause a or clause b of subsection 1, as the case may be, or if the person who is required to make an application under subsection 2 hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under subsection 5: provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. 4 where a person has paid the amount under subsection 3, no action shall be taken against him under section 177. 5 for the purposes of subsection 3, a state government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under subsection 2. 6 on receipt of a report under subsection 1, or an application under subsection 2, the registering authority may cause the transfer of ownership to be entered in the certificate of registration. 7 a registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority.

section 53. of the motor vehicles act : show related subordinates 1 if any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction a is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this act or of the rules made thereunder, or b has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration, for reasons to be recorded in writing, suspend the certificate of registration of the vehicle i in any case falling under clause a, until the defects are rectified to its satisfaction and ii in any case falling under clause b, for a period not exceeding four months. 2 an authority other than a registering authority shall, when making a suspension order under subsection 1, intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. 3 where the registeration of a motor vehicle has been suspended under subsection 1, for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. 4 the owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. 5 a certificate of registration surrendered under subsection 4 shall be returned to the owner when the order suspending registration has been rescinded and not before. rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles 6th g.s.r 240e dated 31.03. committe a licensing of drivers so 859e 25 feb implementation of section and 93 of mva act,

section 52. of the motor vehicles act : show related subordinates 152. alteration in motor vehicle. 1 no owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 2provided further that the central government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment. provided also that the central government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 31a a manufacturer of a motor vehicle shall on the direction issued by the central government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the central government. 42 notwithstanding anything contained in subsection 1, any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: provided that such alteration complies with such conditions as may be prescribed by the central government. 3 where any alteration has been made in motor vehicle without the approval of registering authority 5, the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. 4 a registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. 5 subject to the provisions made under subsections 1, 2, 3 and 4, no person holding a vehicle under a hirepurchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. explanation.for the purposes of this section, alteration means a change in the structure of a vehicle which results in a change in its basic feature. 1. subs. by act 27 of , s. 2, for section 52 w.e.f. . 2. the proviso subs. by act 32 of , s. 21, w.e.f. . 3. ins. by s. 21, ibid. w.e.f. . 4. subs. by s. 21, ibid., for subsection 2 w.e.f. . 5. the words or by reason of replacement of its engine without such approval under subsection 2 omitted by s. 21, ibid., w.e.f. .

section 54. of the motor vehicles act : show related subordinates where the suspension of registration of a vehicle under section 53 has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel the registration. rules notifications yeardescriptionfiles the central motor vehicles rules, , yeardescriptionfiles 6th g.s.r 240e dated 31.03. committe a licensing of drivers so 859e 25 feb implementation of section and 93 of mva act,

section 56. of the motor vehicles act : show related subordinates 1 subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the central government, issued by the prescribed authority, or by an authorised testing station mentioned in subsection 2, to the effect that the vehicle complies for the time being with all the requirements of this act and the rules made thereunder: provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the central government, unless such vehicle has been tested at an automated testing station. 22 the authorised testing station referred to in subsection 1 means any facility, including automated testing facilities, authorised by the state government, where fitness testing may be conducted in accordance with the rules made by the central government for recognition, regulation and control of such stations. 3 subject to the provisions of subsection 4, a certificate of fitness shall remain effective for such period as may be prescribed by the central government having regard to the objects of this act. 4 the prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this act and the rules made thereunder and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under chapter v shall be deemed to be suspended until a new certificate of fitness has been obtained: 3provided that no such cancellation shall be made by the prescribed authority unless, a such prescribed authority holds such technical qualification as may be prescribed by the central government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification and b the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority. 5 a certificate of fitness issued under this act shall, while it remains effective, be valid throughout india. 46 all transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the central government. 7 subject to such conditions as the central government may prescribe, the provisions of this section may be extended to nontransport vehicles. 1. ins. by, s. 23, ibid. w.e.f. . 2. subs. by s. 23, ibid., for subsection 2 w.e.f. . 3. the proviso subs. by act 32 of , s. 23, w.e.f. . 4. ins. by s. 23, ibid., w.e.f. .

section 57. of the motor vehicles act : show related subordinates 11 any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority. 2 the appellate authority shall give notice of the appeal to the original authority and after giving an opportunity to the original authority and the appellant to be heard in the appeal pass such orders as it thinks fit. 1. subs. by act 54 of , s.17, for subsection 1 w.e.f. .

section 58. of the motor vehicles act : show related subordinates 1 the central government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle, other than a motorcab, and its make and model and other relevant considerations, by notification in the official gazette, specify, in relation to each make and model of a transport vehicle, the 1maximum gross vehicle weight of such vehicle and the maximum safe axle weight of each axle of such vehicle. 2 a registering authority, when registering a transport vehicle, other than a motorcab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely: a the unladen weight of the vehicle b the number, nature and size of the tyres attached to each wheel c the gross vehicle weight of the vehicle and the registered axle weights pertaining to the several axles thereof and d if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle. 3 there shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under subsection 1 in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: provided that where it appears to the central government that heavier weights than those specified in the notification under subsection 1 may be permitted in a particular locality for vehicles of a particular type, the central government may, by order in the official gazette direct that the provisions of this subsection shall apply with such modifications as may be specified in the order. 2 5 in order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of subsection 3, the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority. 1. subs. by s. 18, ibid., for maximum safe laden weight w.e.f. . 2. subsection 4 omitted by act 27 of , s. 3 w.e.f. .

section 62a. of the motor vehicles act : 162a. prohibition of registration and issuance of certificate of fitness to oversized vehicles.1 no registering authority shall register any motor vehicle that contravenes any rule made under clause a of subsection 1 of section 110. 2 no prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110. 1. ins. by act 32 of , s. 25 w.e.f. .

section 59. of the motor vehicles act : show related subordinates 1 the central government may, having regard to the public safety, convenience and objects of this act, by notification in the official gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this act and the rules made thereunder: provided that the central government may specify different ages for different classes or different types of motor vehicles. 2 notwithstanding anything contained in subsection 1, the central government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the official gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of subsection 1 for the purpose to be stated in the notification. 3 notwithstanding anything contained in section 56, no prescribed authority or authorised testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under subsection 1. 14 the central government may, having regard to the public safety, convenience, protection of the environment and the objects of this act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life. 1. ins. by act 32 of , s. 24 w.e.f. .

section 60. of the motor vehicles act : show related subordinates 1 such authority as the central government may, by notification in the official gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the central government and is used for government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the central government, require to be registered otherwise under this act. 2 the authority registering a vehicle under subsection 1 shall assign a registration mark in accordance with the provisions contained in the rules made in this behalf by the central government and shall issue a certificate in respect of that vehicle to the effect that such vehicle complies for the time being with all the requirements of this act and the rules made thereunder and that the vehicle has been registered under this section. 3 a vehicle registered under this section shall carry the certificate issued under subsection 2. 4 if a vehicle registered under this section ceases to be the property or under the exclusive control of the central government, the provisions of sections 39 and 40 shall thereupon apply. 5 the authority registering a vehicle under subsection 1 shall furnish to any state government all such information regarding the general nature, overall dimensions and axle weights of the vehicle as the state government may at any time require.

section 63. of the motor vehicles act : show related subordinates 163. maintenance of state registers of motor vehicles. 1 each state government shall maintain in such form as may be prescribed by the central government a register to be known as the state register of motor vehicles, in respect of the motor vehicles in that state, containing the particulars including a registration numbers b years of manufacture c classes and types d names and addresses of registered owners and e such other particulars as may be prescribed by the central government. 2 each state government shall supply to the central government 2if so desired by it a printed copy of the state register of motor vehicles and shall also inform the central government without delay of all additions to and other amendments in such register made from time to time. 3 the state register of motor vehicles shall be maintained in such manner as may be prescribed by the state government. 1. subs. by s. 26, ibid., for section 63 w.e.f. . 2. ins. by act 54 of , s. 19 w.e.f. .

section 61. of the motor vehicles act : 1 the provisions of this chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle. 2 the registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle, as may be prescribed by the central government. 3 no person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the central government.

section 62. of the motor vehicles act : show related subordinates the state government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the inspector general of police by whatever designation called and such other police officers as the state government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the state transport authority, and may prescribe the form in which and the period within which such returns shall be made.

section 62b. of the motor vehicles act : 162b. national register of motor vehicles. 1 the central government shall maintain a national register of motor vehicles in such form and manner as may be prescribed by it: provided that all state registers of motor vehicles shall be subsumed under the national register of motor vehicles by such date as may be notified in the official gazette by the central government. 2 no certificate of registration issued, or renewed, under this act shall be valid unless it has been issued a unique registration number under the national register of motor vehicles. 3 in order to maintain the national register of motor vehicles, all state governments and registering authorities under this act shall transmit all information and data in the state register of motor vehicles to the central government in such form and manner as may be prescribed by the central government. 4 state governments shall be able to access the national register of motor vehicles and update records in accordance with the provisions of this act and the rules made by the central government thereunder. 1. ins. by act 32 of , s. 25 w.e.f. .

section 64. of the motor vehicles act : show related subordinates the central government may make rules to provide for all or any of the following matters, namely: a the period within which and the form in which an application shall be made and the documents, particulars and information it shall accompany under subsection 1 of section 41 b the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under subsection 3 of section 41 c the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under subsection 5 of section 41 d the manner in which and the form in which the registration mark, the letters and figures and other particulars referred to in subsection 6 of section 41 shall be displayed and shown 1da providing for the period of validity of a certificate of registration under subsection 7 of section 41 e the period within which and the form in which the application shall be made and the particulars and information it shall contain under subsection 8 of section 41 1ea the period of renewal of certificate of registration of different types of motor vehicles under subsection 10 of section 41 f the form in which the application referred to in subsection 14 of section 41 shall be made, the particulars and information it shall contain and the fee to be charged 1fa the issue of temporary certificate of registration and temporary registration mark under section 43 fb the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under subsection 1 of section 44 g the form in which the period within which the application referred to in subsection 1 of section 47 shall be made and the particulars it shall contain h the form in which and the manner in which the application for no objection certificate shall be made under subsection 1 of section 48 and the form of receipt to be issued under subsection 2 of section 48 i the matters that are to be complied with by an applicant before no objection certificate may be issued under section 48 j the form in which the intimation of change of address shall be made under subsection 1 of section 49 and the documents to be submitted along with the application 2ja the form and manner for the electronic submission of the intimation of change of address, documents to be submitted along with such intimation including proof of authentication under subsection 1a of section 49 k the form in which and the manner in which the intimation of transfer of ownership shall be made under subsection 1 of section 50 or under subsection 2 of section 50 and the document to be submitted along with the application l the form in which the application under subsection 2 or subsection 3 of section 51 shall be made 2la specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles under subsection 1 of section 52 lb the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection 2 of section 52 m the form in which the certificate of fitness shall be issued under subsection 1 of section 56 and the particulars and information it shall contain n the period for which the certificate of fitness granted or renewed under section 56 shall be effective 2na the distinguishing mark to be carried on the body of transport vehicles under subsection 6 of section 56 nb the conditions under which the application of section 56 may be extended to nontransport vehicles under subsection 7 of section 56 nc the recycling of motor vehicles and parts thereof which have exceeded their life under subsection 4 of section 59 o the fees to be charged for the issue or renewal or alteration of certificates of registration, for making an entry regarding transfer of ownership on a certificate of registration, for making or cancelling an endorsement in respect of agreement of hirepurchase or lease or hypothecation on a certificate of registration, for certificates of fitness for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees. 2oa all or any of the matters under subsection 1 of section 62b ob all or any of the matters under subsection 1 and subsection 2 of section 63 p any other matter which is to be, or may be, prescribed by the central government. 1. ins. by act 32 of , s. 27 w.e.f. . 2. ins. by act 32 of , s. 27 w.e.f. .

section 65. of the motor vehicles act : 1 a state government may make rules for the purpose of carrying into effect the provisions of this chapter other than the matters specified in section 64. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the conduct and hearing of appeals that may be preferred under this chapter the fees to be paid in respect of such appeals and the refund of such fees b the appointment, functions and jurisdiction of registering and other prescribed authorities c the exemption of roadrollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this chapter and the rules made thereunder and the conditions governing such exemption d the issue or renewal of certificates of registration and fitness and duplicates of such certificates to replace the certificates lost, destroyed or mutilated e the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight f the temporary registration of motor vehicles, and the issue of temporary certificate of registration and marks 1under the proviso to section 43 g the manner in which the particulars referred to in subsection 2 of section 58 and other prescribed particulars shall be exhibited h the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this chapter i the forms, other than those prescribed by the central government, to be used for the purpose of this chapter j the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the state of particulars of such vehicles and of their registration k the amount or amounts under subsection 13 of section 41 or subsection 7 of section 47 or subsection 4 of section 49 or subsection 5 of section 50 l the extension of the validity of certificates of fitness pending consideration of applications for their renewal m the exemption from the provisions of this chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers n the form in which and the period within which the return under section 62 shall be sent 2 p any other matter which is to be or may be prescribed. 1. ins. by s. 28, ibid. w.e.f. . 2. clause o omitted by act 32 of , s. 28 w.e.f. .

section 66. of the motor vehicles act : show related subordinates 1 no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a regional or state transport authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used: provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. 1provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner. 2 the holder of a goods carriage permit may use the vehicle, for the drawing of any public or semitrailer not owned by him, subject to such conditions as may be prescribed. 2provided that the holder of a permit of any articulated vehicle may use the primemover of that articulated vehicle for any other semitrailor. 3 the provisions of subsection 1 shall not apply a to any transport vehicle owned by the central government or a state government and used for government purposes unconnected with any commercial enterprise b to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes c to any transport vehicle used solely for police, fire brigade or ambulance purposes d to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses e to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety f to any transport vehicle used for any other public purpose as may be prescribed by the state government in this behalf g to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the central government may, by notification in the official gazette, specify in this behalf 3 i to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms j subject to such conditions as the central government may, by notification in the official gazette, specify, to any transport vehicle purchased in one state and proceeding to a place, situated in that state or in any other state, without carrying any passenger or goods k to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle 4 m to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is required to be diverted through any other route, whether within or outside the state, with a view to enabling it to reach its destination n to any transport vehicle used for such purposes as the central or state government may, by order, specify o to any transport vehicle which is subject to a hirepurchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination or p to any transport vehicle while proceeding empty to any place for purpose of repair. 5q to any transport vehicle having been issued a licence under a scheme, under subsection 3 of section 67 or subsection 1 of section 88a, or plying under such orders as may be issued by the central government or by the state government.4 subject to the provisions of subsection 3, subsection 1 shall if the state government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. 1. ins. by s. 29, ibid. w.e.f. . 2. added by act 54 of , s. 20 w.e.f. . 3. cl. h omitted by act 27 of , s. 4 w.e.f. . 4. cl. l omitted by act 39 of , s. 2 w.e.f. . 5. ins. by act 32 of , s. 29 w.e.f. .

section 66a. of the motor vehicles act : 166a. national transportation policy. the central government may develop a national transportation policy consistent with the objects of this act in concurrence with the state governments and other agencies with a view to i establish a planning framework for passengers and goods transportation within which transport bodies are to operate ii establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across india in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and state level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system iii establish the framework of grant of permits and schemes iv establish strategic policy for transport by road and its role as a link to other means of transport v identify strategic policies and specify priorities for the transport system that address current and future challenges vi provide medium to long term strategic directions, priorities and actions vii promote competition, innovation, increase in capacity, seamless mobility and greater efficiency in transport of goods or livestock or passengers, and economical use of resources viii safeguard the interest of the public and promote equity, while seeking to enhance private participation and publicprivate partnership in the transport sector ix demonstrate an integrated approach to transport and land use planning x identify the challenges that the national transportation policy seeks to address and xi address any other matter deemed relevant by the central government. 1. ins. by act 32 of , s. 30 w.e.f. .

section 71. of the motor vehicles act : 1 a regional transport authority shall, while considering an application for a stage carriage permit, have regard to the objects of this act: 1 2 a regional transport authority shall refuse to grant a stage carriage permit if it appears from any timetable furnished that the provisions of this act relating to the speed at which vehicles may be driven are likely to be contravened: provided that before such refusal an opportunity shall be given to the applicant to amend the timetable so as to conform to the said provisions. 3 a the state government shall, if so directed by the central government having regard to the number of vehicles, road conditions and other relevant matters, by notification in the official gazette, direct a state transport authority and a regional transport authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. b where the number of stage carriages are fixed under clause a, the government of the state shall reserve in the state certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the state. c where the number of stage carriages are fixed under clause a, the regional transport authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the state government under subclause b. d after reserving such number of permits as is referred to in clause c, the regional transport authority shall in considering an application have regard to the following matters, namely: i financial stability of the applicant ii satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service and iii such other matters as may be prescribed by the state government: provided that, other conditions being equal, preference shall be given to applications for permits from i state transport undertakings ii cooperative societies registered or deemed to have been registered under any enactment for the time being in force 2 iii exservicemen 3or 3iv any other class or category of persons, as the state government may, for reasons to be recorded in writing consider necessary. 4 explanation.for the purposes of this section company means any body corporate, and includes a firm or other association of individuals and director, in relation to a firm, means a partner in the firm. state amendment kerala amendment of section 71.in section 71 of the motor vehicles act, central act 59 of , hereinafter referred to as the principal act, in subsection 4. i for the words five and ten, the words ten and fifty shall, respectively, be substituted ii for the words any company, the words any cooperative society or to any company shall be substituted. vide kerala act 12 of , sec. 2. 1. proviso omitted by act 54 of , s. 23 w.e.f. . 2. the word or omitted by act 54 of , s. 23 w.e.f. . 3. ins.by s. 23, ibid. w.e.f. . 4. subsections 4 and 5 omitted by s. 23, ibid. w.e.f. .

section 67. of the motor vehicles act : 11 a state government, having regard to a the advantages offered to the public, trade and industry by the development of motor transport b the desirability of coordinating road and rail transport c the desirability of preventing the deterioration of the road system, and d promoting effective competition among the transport service providers, may, from time to time, by notification in the official gazette issue directions both to the state transport authority and regional transport authority regarding the passengers convenience, economically competitive fares, prevention of overcrowding and road safety. 2 any direction under subsection 1 regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passengers and goods: 2provided that the state government may subject to such conditions as it may deem fit, and with a view to achieving the objectives specified in clause d of subsection 1, relax all or any of the provisions made under this chapter. 23 notwithstanding anything contained in this act, the state government may, by notification in the official gazette, modify any permit issued under this act or make schemes for the transportation of goods and passengers and issue licences under such scheme for the promotion of development and efficiency in transportation a last mile connectivity b rural transport c reducing traffic congestion d improving urban transport e safety of road users f better utilisation of transportation assets g the enhancement of economic vitality of the area, through competitiveness, productivity and efficiency h the increase in the accessibility and mobility of people i the protection and enhancement of the environment j the promotion of energy conservation k improvement of the quality of life l enhance integration and connectivity of the transportation system, across and between modes of transport and m such other matters as the central government may deem fit. 4 the scheme framed under subsection 3, shall specify the fees to be charged, form of application and grant of a licence including the renewal, suspension, cancellation or modification of such licence. 1. subs. by s. 31, ibid., for subsection 1 w.e.f. . 2. ins. by act 32 of , s. 31 w.e.f. .

section 72. of the motor vehicles act : 1 subject to the provisions of section 71, a regional transport authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: provided that no such permit shall be granted in respect of any route or area not specified in the application. 2 the regional transport authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely: i that the vehicles shall be used only in a specified area, or on a specified route or routes ii that the operation of the stage carriage shall be commenced with effect from a specified date iii the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions iv that copies of the timetable of the stage carriage approved by the regional transport authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area v that the stage carriage shall be operated within such margins of deviation from the approved timetable as the regional transport authority may from time to time specify vi that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points vii the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons viii the weight and nature of passengers luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers ix the rate of charge that may be levied for passengers luggage in excess of the free allowance x that vehicles of a specified type fitted with body conforming to approved specifications shall be used: provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date xi that specified standards of comfort and cleanliness shall be maintained in the vehicles xii the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers xiii that fares shall be charged in accordance with the approved fare table xiv that a copy of, or extract from, the fare table approved by the regional transport authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts xv that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner xvi that mails shall be carried on the vehicle subject to such conditions including conditions as to the time in which mails are to be carried and the charges which may be levied as may be specified xvii the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions xviii the conditions subject to which vehicle may be used as a contract carriage xix that specified arrangements shall be made for the housing, maintenance and repair of vehicle xx that any specified bus station or shelter maintained by government or a local authority shall be used and that any specified rent or fee shall be paid for such use xxi that the conditions of the permit shall not be departed from, save with the approval of the regional transport authority xxii that the regional transport authority may, after giving notice of not less than one month, a vary the conditions of the permit b attach to the permit further conditions: provided that the conditions specified in pursuance of clause i shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the regional transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof xxiii that the holder of a permit shall furnish to the regional transport authority such periodical returns, statistics and other information as the state government may from time to time prescribe xxiv any other conditions which may be prescribed. 1provided that the regional transport authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit. 1. ins. by act 32 of , s. 32 w.e.f. .

section 66b. of the motor vehicles act : show related subordinates 166b. no bar against permit holders to apply and hold licences under schemes. no person who holds the permit issued under this act shall a be disqualified from applying for a licence under the scheme made under subsection 3 of section 67 or subsection 1 of section 88a by reason of holding such permit and b be required to get such permit cancelled on being issued a licence under any scheme made under this act. 1. ins. by act 32 of , s. 30 w.e.f. . notifications yeardescriptionfiles 16th gsr 525 e 2 august

section 68. of the motor vehicles act : show related subordinates 1 the state government shall, by notification in the official gazette, constitute for the state a state transport authority to exercise and discharge the powers and functions specified in subsection 3, and shall in like manner constitute regional transport authorities to exercise and discharge throughout such areas in this chapter referred to as regions as may be specified in the notification, in respect of each regional transport authority the powers and functions conferred by or under this chapter on such authorities: provided that in the union territories, the administrator may abstain from constituting any regional transport authority. 2 a state transport authority or a regional transport authority shall consist of a chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a state transport authority, such other persons whether officials or not, not being more than four and, in the case of a regional transport authority, such other persons whether officials or not, not being more than two, as the state government may think fit to appoint but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of a state or regional transport authority, and, if any person being a member of any such authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the state government of the acquisition of such interest and shall vacate office: provided that nothing in this subsection shall prevent any of the members of the state transport authority or a regional transport authority, as the case may be, to preside over a meeting of such authority during the absence of the chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law: provided further that the state government may, i where it considers necessary or expedient so to do, constitute the state transport authority or a regional transport authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law ii by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the chairman or any other member and specify the circumstances under which, and the manner in which, such business could be so transacted: provided also that nothing in this subsection shall be construed as debarring an official other than an official connected directly with the management or operation of a transport undertaking from being appointed or continuing as a member of any such authority merely by reason of the fact that the government employing the official has, or acquires, any financial interest in a transport undertaking. 3 the state transport authority and every regional transport authority shall give effect to any directions issued under section 67 and the state transport authority shall, subject to such directions and save as otherwise provided by or under this act, exercise and discharge throughout the state the following powers and functions, namely: a to coordinate and regulate the activities and policies of the regional transport authorities, if any, of the state b to perform the duties of a regional transport authority where there is no such authority and, if it thinks fit or if so required by a regional transport authority, to perform those duties in respect of any route common to two or more regions c to settle all disputes and decide all matters on which differences of opinion arise between regional transport authorities and 1ca government to formulate routes for plying stage carriages d to discharge such other functions as may be prescribed. 4 for the purpose of exercising and discharging the powers and functions specified in subsection 3, a state transport authority may, subject to such conditions as may be prescribed, issue directions to any regional transport authority, and the regional transport authority shall, in the discharge of its functions under this act, give effect to and be guided by such directions. 5 the state transport authority and any regional transport authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. 1. ins. by act 32 of , s. 31 w.e.f. .

section 70. of the motor vehicles act : 1 an application for a permit in respect of a stage carriage in this chapter referred to as a stage carriage permit or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely: a the route or routes or the area or areas to which the application relates b the type and seating capacity of each such vehicle c the minimum and maximum number of daily trips proposed to be provided and the timetable of the normal trips. explanation.for the purposes of this section, section 72, section 80 and section 102, trip means a single journey from one point to another, and every return journey shall be deemed to be a separate trip d the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions e the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage f such other matters as may be prescribed. 2 an application referred to in subsection 1 shall be accompanied by such documents as may be prescribed.

section 69. of the motor vehicles act : 1 every application for a permit shall be made to the regional transport authority of the region in which it is proposed to use the vehicle or vehicles: provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same state, the application shall be made to the regional transport authority of the region in which the major portion of the proposed route or area lies, and in case the portion of the proposed route or area in each of the regions is approximately equal, to the regional transport authority of the region in which it is proposed to keep the vehicle or vehicles: provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different states, the application shall be made to the regional transport authority of the region in which the applicant resides or has his principal place of business. 2 notwithstanding anything contained in subsection 1, the state government may, by notification in the official gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different states, the application under that subsection shall be made to the state transport authority of the region in which the applicant resides or has his principal place of business.

section 74. of the motor vehicles act : show related subordinates 1 subject to the provisions of subsection 3, a regional transport authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: provided that no such permit shall be granted in respect of any area not specified in the application. 2 the regional transport authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely: i that the vehicles shall be used only in a specified area or on a specified route or routes ii that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area iii the maximum number of passengers and the maximum weight of luggage that may be carried on the vehicles, either generally or on specified occasions or at specified times and seasons iv the conditions subject to which goods may be carried in any contract carriage in addition to, or to the exclusion of, passengers v that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicle vi that, in the case of vehicles other than motor cabs, specified rates of hiring not exceeding specified maximum shall be charged vii that, in the case of motor cabs, a special weight of passengers luggage shall be carried free of charge, and that the charge, if any, for any luggage in excess thereof shall be at a specified rate viii that, in the case of motor cabs, a taximeter shall be fitted and maintained in proper working order, if prescribed ix that the regional transport authority may, after giving notice of not less than one month, a vary the conditions of the permit b attach to the permit further conditions x that the conditions of permit shall not be departed from save with the approval of the regional transport authority xi that specified standards of comfort and cleanliness shall be maintained in the vehicles xii that, except in the circumstances of exceptional nature, the plying of the vehicle or carrying of the passengers shall not be refused xiii any other conditions which may be prescribed. 1provided that the regional transport authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the central government. 3 a the state government shall, if so directed by the central government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the official gazette, direct a state transport authority and a regional transport authority to limit the number of contract carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs. b where the number of contract carriages are fixed under clause a, the regional transport authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely: i financial stability of the applicant ii satisfactory performance as a contract carriage operator including payment of tax if the applicant is or has been an operator of contract carriages and iii such other matters as may be prescribed by the state government: provided that, other conditions being equal, preference shall be given to applications for permits from i the india tourism development corporation ii state tourism development corporations iii state tourism departments iv state transport undertakings v cooperative societies registered or deemed to have been registered under any enactment for the time being in force vi exservicemen 1vii selfhelp groups. 1. ins. by act 32 of , s. 33 w.e.f.

section 73. of the motor vehicles act : show related subordinates an application for a permit in respect of a contract carriage in this chapter referred to as a contract carriage permit shall contain the following particulars, namely: a the type and seating capacity of the vehicle b the area for which the permit is required c any other particulars which may be prescribed. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 75. of the motor vehicles act : show related subordinates 1 the central government may, by notification in the official gazette, make a scheme for the purpose of regulating the business of renting of 1motor cabs or motor cycles to persons desiring to drive either by themselves or through drivers, motor cabs or motor cycles for their own use and for matters connected therewith. 2 a scheme made under subsection 1 may provide for all or any of the following matters, namely: a licensing of operators under the scheme including grant, renewal and revocation of such licences b form of application and form of licences and the particulars to be contained therein c fee to be paid with the application for such licences d the authorities to which the application shall be made e condition subject to which such licences may be granted, renewed or revoked f appeals against orders of refusal to grant or renew such licences and appeals against orders revoking such licences g conditions subject to which motor cabs may be rented h maintenance of records and inspection of such records i such other matters as may be necessary to carry out the purposes of this section. 1. subs. by act 54 of , s. 24, for motor cabs to persons desiring to drive the cabs w.e.f. .

section 76. of the motor vehicles act : show related subordinates 1 a regional transport authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit: provided that no such permit shall be granted in respect of any area or route not specified in the application. 2 an application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely: a type and seating capacity of the vehicle b the area or the route or routes to which the application relates c the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle and d any other particulars which may be prescribed. 3 the regional transport authority if it decides to grant the permit may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely: i that the vehicle be used only in a specified area or on a specified route or routes ii the maximum number of persons and the maximum weight of luggage that may be carried iii that the regional transport authority may, after giving notice of not less than one month a vary the conditions of the permit b attach to the permit further conditions iv that the conditions of permit shall not be departed from, save with the approval of the regional transport authority v that specified standards of comforts and cleanliness shall be maintained in the vehicle vi that the holder of the permit shall furnish to the regional transport authority such periodical returns, statistics and other information as the state government may, from time to time, specify and vii such other conditions as may be prescribed.

section 78. of the motor vehicles act : show related subordinates a regional transport authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely: a the nature of the goods to be carried with special reference to their dangerous or hazardous nature to human life b the nature of the chemicals or explosives to be carried with special reference to the safety to human life. notifications yeardescriptionfiles so e dated 28.08. enforcement of sections of motor vehicle

section 81. of the motor vehicles act : show related subordinates 1 a permit other than a temporary permit issued under section 87 or a special permit issued under subsection 8 of section 88 shall be effective 1from the date of issuance or renewal thereof for a period of five years: provided that where the permit is countersigned under subsection 1 of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. 2 a permit may be renewed on an application made not less than fifteen days before the date of its expiry. 3 notwithstanding anything contained in subsection 2, the regional transport authority or the state transport authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that subsection if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. 4 the regional transport authority or the state transport authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely: a the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application b the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely: i plying any vehicle 1 without payment of tax due on such vehicle 2 without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle 3 on any unauthorised route ii making unauthorised trips: provided that in computing the number of punishments for the purpose of clause b, any punishment stayed by the order of an appellate authority shall not be taken into account: provided further that no application under this subsection shall be rejected unless an opportunity of being heard is given to the applicant. 5 where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause d of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded. 1. subs. by s. 26, ibid., for without renewal w.e.f. . rules yeardescriptionfiles the central motor vehicles rules, ,

section 83. of the motor vehicles act : the holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.

section 77. of the motor vehicles act : show related subordinates an application for a permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant in this chapter referred to as a goods carriage permit shall, as far as may be, contain the following particulars, namely: a the area or the route or routes to which the application relates b the type and capacity of the vehicle c the nature of the goods it is proposed to carry d the arrangements intended to be made for the housing, maintenance and repair of the vehicle and for the storage and safe custody of the goods e such particulars as the regional transport authority may require with respect to any business as a carrier of goods for hire or reward carried on by the applicant at any time before the making of the application, and of the rates charged by the applicant f particulars of any agreement, or arrangement, affecting in any material respect the provision within the region of the regional transport authority of facilities for the transport of goods for hire or reward, entered into by the applicant with any other person by whom such facilities are provided, whether within or without the region g any other particulars which may be prescribed.

section 84. of the motor vehicles act : the following shall be conditions of every permit a that the vehicle to which the permit relates carries valid certificate of fitness issued under section 56 and is at all times so maintained as to comply with the requirements of this act and the rules made thereunder b that the vehicle to which the permit relates is not driven at a speed exceeding the speed permitted under this act c that any prohibition or restriction imposed and any fares or freight fixed by notification made under section 67 are observed in connection with the vehicle to which the permit relates d that the vehicle to which the permit relates is not driven in contravention of the provisions of section 5 or section 113 e that the provisions of this act limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates f that the provisions of chapters x, xi and xii so far as they apply to the holder of the permit are observed and g that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters.

section 79. of the motor vehicles act : 1 a regional transport authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the state or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: provided that no such permit shall be granted in respect of any area or route not specified in the application. 2 the regional transport authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this act, attach to the permit any one or more of the following conditions, namely: i that the vehicle shall be used only in a specified area or on a specified route or routes ii that the gross vehicle weight of any vehicle used shall not exceed a specified maximum iii that goods of a specified nature shall not be carried iv that goods shall be carried at specified rates v that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried vi that the holder of the permit shall furnish to the regional transport authority such periodical returns, statistics and other information as the state government may, from time to time, prescribe vii that the regional transport authority may, after giving notice of not less than one month, a vary the conditions of the permit b attach to the permit further conditions viii that the conditions of the permit shall not be departed from, save with the approval of the regional transport authority ix any other conditions which may be prescribed. 3 the conditions referred to in subsection 2 may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life.

section 80. of the motor vehicles act : 1 an application for a permit of any kind may be made at any time. 2 a 1regional transport authority, state transport authority or any prescribed authority referred to in subsection 1 of section 66 shall not ordinarily refuse to grant an application for permit of any kind made at any time under this act: provided that the 1regional transport authority, state transport authority or any prescribed authority referred to in subsection 1 of section 66 may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the official gazette under clause a of subsection 3 of section 71 or of contract carriages as fixed and specified in a notification in the official gazette under clause a of subsection 3 of section 74: provided further that where a 2regional transport authority, state transport authority or any prescribed authority referred to in subsection 1 of section 66 refuses an application for the grant of a permit of any kind under this act, it shall give to the applicant in writing its reasons for the refusal of the same and an opportunity of being heard in the matter. 3 an application to vary the conditions of any permit, other than a temporary permit, by the inclusion of a new route or routes of a new area or by altering the route or routes or area covered by it, or in the case of a stage carriage permit by increasing the number of trips above the specified maximum or by the variation, extension or curtailment of the route or routes or the area specified in the permit shall be treated as an application for the grant of a new permit: provided that it shall not be necessary so to treat an application made by the holder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles: provided further that, i in the case of variation, the termini shall not be altered and the distance covered by the variation shall not exceed twentyfour kilometres ii in the case of extension, the distance covered by extension shall not exceed twentyfour kilometres from the termini, and any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof. 4 a 2regional transport authority, state transport authority or any prescribed authority referred to in subsection 1 of section 66 may, before such date as may be specified by it in this behalf, replace any permit granted by it before the said date by a fresh permit conforming to the provisions of section 72 or section 74 or section 76 or section 79, as the case may be, and the fresh permit shall be valid for the same route or routes or the same area for which the replaced permit was valid: provided that no condition other than a condition which was already attached to the replaced permit or which could have been attached thereto under the law in force when that permit was granted shall be attached to the fresh permit except with the consent in writing of the holder of the permit. 5 notwithstanding anything contained in section 81, a permit issued under the provisions of subsection 4 shall be effective without renewal for the remainder of the period during which the replaced permit would have been so effective. 1. subs. by act 54 of , s. 25, for regional transport authority w.e.f. . 2. subs. by act 54 of , s. 25, for regional transport authority w.e.f. .

section 82. of the motor vehicles act : 1 save as provided in subsection 2, a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. 2 where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. 3 the transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.

section 85. of the motor vehicles act : every permit issued under this act shall be complete in itself and shall contain all the necessary particulars of the permit and the conditions attached thereto.

section 86. of the motor vehicles act : show related subordinates 1 the transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit a on the breach of any condition specified in section 84 or of any condition contained in the permit, or b if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or c if the holder of the permit ceases to own the vehicle covered by the permit, or d if the holder of the permit has obtained the permit by fraud or misrepresentation, or e if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or f if the holder of the permit acquires the citizenship of any foreign country: provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. 2 the transport authority may exercise the powers conferred on it under subsection 1 in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under subsection 5 of section 68 as if the said permit was a permit granted by the transport authority. 3 where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. 4 the powers exercisable under subsection 1 other than the power to cancel a permit by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under subsection 5 of section 68. 5 where a permit is liable to be cancelled or suspended under clause a or clause b or clause e of subsection 1 and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in subsection 1, the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon. 6 the powers exercisable by the transport authority under subsection 5 may, where an appeal has been preferred under section 89, be exercised also by the appellate authority. 7 in relation to a permit referred to in subsection 9 of section 88, the powers exercisable under subsection 1 other than the power to cancel a permit by the transport authority which granted the permit, may be exercised by any transport authority and any authority or persons to whom power in this behalf has been delegated under subsection 5 of section 68, as if the said permit was a permit granted by any such authority or persons. rules yeardescriptionfiles the central motor vehicles rules, ,

section 91. of the motor vehicles act : show related subordinates 1 1 the hours of work of any person engaged for operating a transport vehicle shall be such as provided in the motor transport workers act, 27 of . 2 a state government may, by notification in the official gazette, grant such exemptions from the provisions of subsection 1 as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. 3 a state government or, if authorised in this behalf by the state government by rules made under section 96, the state or a regional transport authority may require persons employing any person whose work is subject to any of the provisions of subsection 1 to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. 4 no person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under subsection 3. 5 a state government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of subsection 1. 1. subs. by act 54 of , s. 29, for subsection 1 w.e.f. .

section 87. of the motor vehicles act : show related subordinates 1 a regional transport authority and the state transport authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily a for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or b for the purposes of a seasonal business, or c to meet a particular temporary need, or d pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: provided that a regional transport authority or, as the case may be, state transport authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. 2 notwithstanding anything contained in subsection 1, a temporary permit may be granted thereunder in respect of any route or area where i no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained or ii as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension. provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended:

section 88. of the motor vehicles act : show related subordinates 1 except as may be otherwise prescribed, a permit granted by the regional transport authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the regional transport authority of that other rigion, and a permit granted in any one state shall not be valid in any other state unless countersigned by the state transport authority of that other state or by the regional transport authority concerned: provided that a goods carriage permit, granted by the regional transport authority of any one region, for any area in any other region or regions within the same state shall be valid in that area without the countersignature of the regional transport authority of the other region or of each of the other regions concerned: provided further that where both the starting point and the terminal point of a route are situate within the same state, but part of such route lies in any other state and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other state in respect of that part of the route which is in that other state notwithstanding that such permit has not been countersigned by the state transport authority or the regional transport authority of that other state: provided also that a where a motor vehicle covered by a permit granted in one state is to be used for the purposes of defence in any other state, such vehicle shall display a certificate, in such form, and issued by such authority, as the central government may, by notification in the official gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence and b any such permit shall be valid in that other state notwithstanding that such permit has not been countersigned by the state transport authority or the regional transport authority of that other state. 2 notwithstanding anything contained in subsection 1, a permit granted or countersigned by a state transport authority shall be valid in the whole state or in such regions within the state as may be specified in the permit. 3 a regional transport authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted. 4 the provisions of this chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits: provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one state are required to be countersigned by the state transport authority of another state or by the regional transport authority concerned as a result of any agreement arrived at between the states after complying with the requirements of subsection 5. 5 every proposal to enter into an agreement between the states to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the state governments concerned in the official gazette and in any one or more of the newspapers in regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the official gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered. 6 every agreement arrived at between the states shall, in so far as it relates to the grant of countersignature of permits, be published by each of the state governments concerned in the official gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the state transport authority of the state and the regional transport authority concerned shall give effect to it. 7 notwithstanding anything contained in subsection 1, a regional transport authority of one region may issue a temporary permit under section 87 to be valid in another region or state with the concurrence, given generally or for the particular occasion, of the regional transport authority of that other region or of the state transport authority of that other state, as the case may be. 8 notwithstanding anything contained in subsection 1, but subject to any rules that may be made under this act by the central government, the regional transport authority of any one region or, as the case may be, the state transport authority, may, for the convenience of the public, 1grant a special permit to any public service vehicle including any vehicle covered by a permit issued under section 72 including a reserve stage carriage or under section 74 or under subsection 9 of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the regional transport authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the central government and such special permit shall be valid in any other region or state without the countersignature of the regional transport authority of the other region or of the state transport authority of the other state, as the case may be. 9 notwithstanding anything contained in subsection 1 but subject to any rules that may be made by the central government under subsection 14, any state transport authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of india, or in such contiguous states not being less than three in number including the state in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 2clause d of subsection 1 of section 87 and section 89 shall, as far as may be, apply in relation to such permits. 3 11 the following shall be conditions of every permit granted under subsection 9, namely: i every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comforts, amenities and other matters, as the central government may specify in this behalf ii every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the central government and iii such other conditions as may be prescribed by the central government. 12 notwithstanding anything contained in subsection 1, but, subject to the rules that may be made by the central government under subsection 14, the appropriate authority may, for the purpose of encouraging long distance interstate road transport, grant in a state, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 2clause d of subsection 1 of section 87 and section 89 shall, as far as may be, apply to or in relation to the grant of national permits. 4 14 a the central government may make rules for carrying out the provisions of this section. b in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the authorisation fee payable for the issue of a permit referred to in subsections 9 and 12 ii the fixation of the laden weight of the motor vehicle iii the distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle iv the colour or colours in which the motor vehicle is to be painted v such other matters as the appropriate authority shall consider in granting a national permit. explanation. in this section, a appropriate authority, in relation to a national permit, means the authority which is authorised under this act to grant a goods carriage permit b authorisation fee means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a state to enable a motor vehicle, covered by the permit referred to in subsections 9 and 12 to be used in other states subject to the payment of taxes or fees, if any, levied by the states concerned c national permit means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of india or in such contiguous states, not being less than four in number, including the state in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application. 1. subs. by act 54 of , s. 27, for grant a special permit in relation to a vehicle covered w.e.f. . 1. subs. by act 54 of , s. 27 for and 89 w.e.f. . 2. subsection 10 omitted by s. 27, ibid. w.e.f. . 3. subsection 13 omitted by s. 27, ibid. w.e.f. .

section 92. of the motor vehicles act : show related subordinates any contract for the conveyance of a passenger in a 1transport vehicle, in respect of which a permit or licence has been issued under this chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while being carried in, entering or alighting from the vehicle, or purports to impose any conditions with respect to the enforcement of any such liability, be void. 1. subs. by act 32 of , s. 35, for stage carriage or contract carriage, in respect of which a permit w.e.f. .

section 88a. of the motor vehicles act : 188a. power of central government to make schemes for national, multimodal and interstate transport of passengers and goods. 1 notwithstanding anything contained in this act, the central government may, by notification in the official gazette, modify any permit issued under this act or make schemes for national, multimodal and interstate transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely: a last mile connectivity b rural transport c improving the movement of freight, and logistics d better utilisation of transportation assets e the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity and efficiency f the increase in the accessibility and mobility of people g the protection and enhancement of the environment h the promotion of energy conservation i improvement of the quality of life j enhancement of the integration and connectivity of the transportation system, across and between modes of transport and k such other matters as the central government may deem fit: provided that the central government may, before taking any action under this subsection seek concurrence of the state governments. 2 notwithstanding anything contained in subsection 1, two or more states may make schemes for the operation within such states for the interstate transportation of goods or passengers: provided that in the event of any repugnancy between the schemes made by the central government under subsection 1 and schemes made by two or more states under this subsection, the schemes made under subsection 1 shall prevail. 1. ins. by act 32 of , s. 34 w.e.f. .br

section 90. of the motor vehicles act : show related subordinates the state transport appellate tribunal may, on an application made to it, call for the record of any case in which an order has been made by a state transport authority or regional transport authority against which no appeal lies, and if it appears to the state transport authority appellate tribunal that the order made by the state transport authority or regional transport authority is improper or illegal, the state transport appellate tribunal may pass such order in relation to the case as it deems fit and every such order shall be final: provided that the state transport appellate tribunal shall not entertain any application from a person aggrieved by an order of a state transport authority or regional transport authority, unless the application is made within thirty days from the date of the order: provided further that the state transport appellate tribunal may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by good and sufficient cause from making the application in time: provided also that the state transport appellate tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

section 89. of the motor vehicles act : show related subordinates 1 any person a aggrieved by the refusal of the state or a regional transport authority to grant a permit, or by any condition attached to a permit granted to him, or b aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or c aggrieved by the refusal to transfer the permit under section 82, or d aggrieved by the refusal of the state or a regional transport authority to countersign a permit, or by any condition attached to such countersignature, or e aggrieved by the refusal of renewal of a permit, or f aggrieved by the refusal to grant permission under section 83, or g aggrieved by any other order which may be prescribed, may, within the prescribed time and in the prescribed manner, appeal to the state transport appellate tribunal constituted under subsection 2, who shall, after giving such person and the original authority an opportunity of being heard, give a decision thereon which shall be final. 12 the state government shall constitute such number of transport appellate tribunals as it thinks fit and each such tribunal shall consist of a judicial officer who is not below the rank of a district judge or who is qualified to be a judge of the high court and it shall exercise jurisdiction within such area as may be notified by that government. 3 notwithstanding anything contained in subsection 1 or sub section 2, every appeal pending at the commencement of this act, shall continue to be proceeded with and disposed of as if this act had not been passed. explanation.for the removal of doubts, it is hereby declared that when any order is made by the state transport authority or the regional transport authority in pursuance of a direction issued by the interstate transport commission under clause c of subsection 2 of section 63a of the motor vehicles act, 4 of , as it stood immediately before the commencement of this act, and any person feels aggrieved by such order on the ground that it is not in consonance with such direction, he may appeal under subsection 1 to the state transport appellate tribunal against such order but not against the direction so issued. 1. subs. by s. 28, ibid., for subsection 2 w.e.f. .

section 100. of the motor vehicles act : 1 on the publication of any proposal regarding a scheme in the official gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the official gazette, file objections to it before the state government. 2 the state government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the state transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. 3 the scheme relating to the proposal as approved or modified under subsection 2 shall then be published in the official gazette by the state government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the official gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route: provided that no such scheme which relates to any interstate route shall be deemed to be an approved scheme unless it has the previous approval of the central government. 4 notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under subsection 3 in the official gazette within a period of one year from the date of publication of the proposal regarding the scheme in the official gazette under subsection 1, the proposal shall be deemed to have lapsed. explanation.in computing the period of one year referred to in this subsection, any period or periods during which the publication of the approved scheme under subsection 3 was held up on account of any stay or injunction by the order of any court shall be excluded.

section 93. of the motor vehicles act : show related subordinates 1agent or canvasser or aggregator to obtain licence.1 no person shall engage himself i as an agent or a canvasser, in the sale of tickets for travel by public service vehicles or in otherwise soliciting custom for such vehicles, or ii as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages, 2iii as an aggregator, unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the state government. 2provided that while issuing the licence to an aggregator the state government may follow such guidelines as may be issued by the central government: provided further that every aggregator shall comply with the provisions of the information technology act, 21 of and the rules and regulations made there under. 2 the conditions referred to in subsection 1 may include all or any of the following matters, namely: a the period for which a licence may be granted or renewed b the fee payable for the issue or renewal of the licence c the deposit of security i of a sum not exceeding rupees fifty thousand in the case of an agent in the business of collecting, forwarding or distributing goods carried by goods carriages ii of a sum not exceeding rupees five thousand in the case of any other agent or canvasser, and the circumstances under which the security may be forfeited d the provision by the agent of insurance of goods in transit e the authority by which and the circumstances under which the licence may be suspended or revoked f such other conditions as may be prescribed by the state government. 3 it shall be a condition of every licence that no agent or canvasser to whom the licence is granted shall advertise in any newspaper, book, list, classified directory or other publication unless there is contained in such advertisement appearing in such newspapers, book, list, classified directory or other publication the licence number, the date of expiry of licence and the particulars of the authority which granted the licence. 1. subs. by act 32 of , s. 36, for agent or canvasser to obtain licence w.e.f. . 2. ins. by s. 36, ibid. w.e.f. .

section 8. of the competition act : 18. composition of commission.1 the commission shall consist of a chairperson and not less than two and not more than six other members to be appointed by the central government. 2 the chairperson and every other member shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry 2technology, public affairs or competition matters, including competition law and policy, which in the opinion of the central government, may be useful to the commission. 3 the chairperson and other members shall be wholetime members. 1. subs. by act 39 of , s. 6, for section 8 w.e.f. . 2. ins. by act 9 of , s. 9 w.e.f. .

section 1. of the competition act : 1 this act may be called the competition act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 31st march, , vide notification no. s.o. 340e, dated 31st march in respect of s. 1, cls. d, g, j, k, l and n of s. 2, ss. 8, 9, 10, 14, 16, 17, subsec. 1 of s. 63 and cls. a, b, d, e, f and g of subsec. 2 of s. 63 19th june, , vide notification no. s.o. 715e, dated 19th june in respect of s. 2 except cls. d, g, j, k, l and n, ss. 7, 11, 12, 13, 15, 22, 23, 36, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, s. 63 except cls. a, b, d, e, f, g and n of subsec. 2, 64 and 65 20th may, , vide notification no. s.o. e, dated 15th may in respect of s. 3, 4, 18, 19, 21, 26, 27, 28, 32, 33, 35, 38, 39, 41, 42, 43, 45, 46, 47, 48, 54, 55 and 56. 1st september, , vide notification no. s.o. e, dated 28th august in respect of s. 66. 1st june, , vide notification no. s.o. e, dated 30th may, in respect of s. 44.

section 2. of the competition act : in this act, unless the context otherwise requires, a acquisition means, directly or indirectly, acquiring or agreeing to acquire i shares, voting rights or assets of any enterprise or ii control over management or control over assets of any enterprise b agreement includes any arrangement or understanding or action in concert, i whether or not, such arrangement, understanding or action is formal or in writing or ii whether or not such arrangement, understanding or action is intended to be enforceable by legal proceedings 1 2ba appellate tribunal means the national company law appellate tribunal referred to in subsection 1 of section 53a c cartel includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services d chairperson means the chairperson of the commission appointed under subsection 1 of section 8 e commission means the competition commission of india established under subsection 1 of section 7 3ea commitment means the commitment referred to in section 48b f consumer means any person who i buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, whether such purchase of goods is for resale or for any commercial purpose or for personal use ii hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the firstmentioned person whether such hiring or availing of services is for any commercial purpose or for personal use g director general means the director general appointed under subsection 1 of section 16 and includes any additional, joint, deputy or assistant directors general appointed under that section h enterprise means 4a person or a department of the government, including units, divisions, subsidiaries, who or which is, or has been, engaged in any economic activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate, either directly or through one or more of its units or divisions or subsidiaries, but does not include any activity of the government relatable to the sovereign functions of the government including all activities carried on by the departments of the central government dealing with atomic energy, currency, defence and space explanation.for the purposes of this clause, a activity includes profession or occupation b article includes a new article and service includes a new service c unit or division, in relation to an enterprise, includes i a plant or factory established for the production, storage, supply, distribution, acquisition or control of any article or goods ii any branch or office established for the provision of any service i goods means goods as defined in the sale of goods act, 8 of and includes a products manufactured, processed or mined b debentures, stocks and shares after allotment c in relation to goods supplied, distributed or controlled in india, goods imported into india j member means a member of the commission appointed under subsection 1 of section 8 and includes the chairperson k notification means a notification published in the official gazette 5ka party includes a consumer or an enterprise or a person or an information provider, or a consumer association or a trade association, or the central government or any state government or any statutory authority, as the case may be, and shall include an enterprise or a person against whom any inquiry or proceeding is instituted and any enterprise or person impleaded by the commission to join the proceedings lperson includes i an individual ii a hindu undivided family iii a company iv a firm v an association of persons or a body of individuals, whether incorporated or not, in india or outside india vi any corporation established by or under any central, state or provincial act or a government company as defined in 6clause 45 of section 2 of 7the companies act, 18 of vii any body corporate incorporated by or under the laws of a country outside india viii a cooperative society registered under any law relating to cooperative societies ix a local authority x every artificial juridical person, not falling within any of the preceding subclauses m practice includes any practice relating to the carrying on of any trade by a person or an enterprise n prescribed means prescribed by rules made under this act o price, in relation to the sale of any goods or to the performance of any services, includes every valuable consideration, whether direct or indirect, or deferred, and includes any consideration which in effect relates to the sale of any goods or to the performance of any services although ostensibly relating to any other matter or thing 8p public financial institution means public financial institution as defined in clause 72 of section 2 of the companies act, 18 of and includes a state financial corporation, state industrial corporation or state investment corporation q regulations means the regulations made by the commission under section 64 r relevant market means the market which may be determined by the commission with reference to the relevant product market or the relevant geographic market or with reference to both the markets s relevant geographic market means a market comprising the area in which the conditions of competition for supply of goods or provision of services or demand of goods or services are distinctly homogenous and can be distinguished from the conditions prevailing in the neighbouring areas 9t relevant product market means a market comprising of all those products or services i which are regarded as interchangeable or substitutable by the consumer, by reason of characteristics of the products or services, their prices and intended use or ii the production or supply of, which are regarded as interchangeable or substitutable by the supplier, by reason of the ease of switching production between such products and services and marketing them in the short term without incurring significant additional costs or risks in response to small and permanent changes in relative prices u service means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising 10ua settlement means the settlement referred to in section 48a v shares means shares in the share capital of a company carrying voting rights and includes i any security which entitles the holder to receive shares with voting rights ii stock except where a distinction between stock and share is expressed or implied w statutory authority means any authority, board, corporation, council, institute, university or any other body corporate, established by or under any central, state or provincial act for the purposes of regulating production or supply of goods or provision of any services or markets therefor or any matter connected therewith or incidental thereto x trade means any trade, business, industry, profession or occupation relating to the production, supply, distribution, storage or control of goods and includes the provision of any services y turnover includes value of sale of goods or services z words and expressions used but not defined in this act and defined in 11the companies act, 18 of shall have the same meanings respectively assigned to them in that act. 1. ins. by act 39 of , s. 2 w.e.f. . 2. subs. by act 7 of , s. 171, for clause ba w.e.f. . 3. ins. by act 9 of , s. 3 w.e.f. . 4. subs. by act 9 of , s. 3, for certain words w.e.f. . 5. ins. by s. 3, ibid. w.e.f. . 6. subs. by act 9 of , s. 3, for the words and figures section 617 of the companies act, 1 of w.e.f. 185 . 7. subs. by s. 2, ibid, for the companies act, 1 of w.e.f. . 8. subs. by s. 3, ibid., for clause p w.e.f. . 9. subs. by s. 3, ibid, for clause t w.e.f. . 10. ins. by act 9 of , s. 3 w.e.f. . 11. subs. by s. 2, ibid, for the companies act, 1 of w.e.f. .

section 7. of the competition act : 1 with effect from such date1 as the central government may, by notification, appoint, there shall be established, for the purposes of this act, a commission to be called the competition commission of india. 2 the commission shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. 3 the head office of the commission shall be at such place as the central government may decide from time to time. 4 the commission may establish offices at other places in india. 1. 14th october, , vide notification no. s.o. e, dated 14th october, . new delhi, vide notification no. s.o. e, dated 14th october, .

section 3. of the competition act : 1 no enterprise or association of enterprises or person or association of persons shall enter into any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or provision of services, which causes or is likely to cause an appreciable adverse effect on competition within india. 2 any agreement entered into in contravention of the provisions contained in subsection 1 shall be void. 3 any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which a directly or indirectly determines purchase or sale prices b limits or controls production, supply, markets, technical development, investment or provision of services c shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way d directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition: provided that nothing contained in this subsection shall apply to any agreement entered into by way of joint ventures if such agreement increases efficiency in production, supply, distribution, storage, acquisition or control of goods or provision of services. 1provided further that an enterprise or association of enterprises or a person or association of persons though not engaged in identical or similar trade shall also be presumed to be part of the agreement under this subsection if it participates or intends to participate in the furtherance of such agreement. explanation.for the purposes of this subsection, bid rigging means any agreement, between enterprises or persons referred to in subsection 3 engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for bids or adversely affecting or manipulating the process for bidding. 4 2any other agreement amongst enterprises or persons including but not restricted to agreement amongst enterprises or persons at different stages or levels of the production chain in different markets, in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services, including a tiein arrangement b exclusive 3dealing agreement c exclusive distribution agreement d refusal to deal e resale price maintenance, shall be an agreement in contravention of subsection 1 if such agreement causes or is likely to cause an appreciable adverse effect on competition in india. 4provided that nothing contained in this subsection shall apply to an agreement entered into between an enterprise and an end consumer. explanation.for the purposes of this subsection, 5a tiein arrangement includes any agreement requiring a purchaser of goods or services, as a condition of such purchase, to purchase some other distinct goods or services b exclusive dealing agreement includes any agreement restricting in any manner the purchaser or the seller, as the case may be, in the course of his trade from acquiring or selling or otherwise dealing in any goods or services other than those of the seller or the purchaser or any other person, as the case may be c exclusive distribution agreement includes any agreement to limit, restrict or withhold the output or supply of any goods 6or services or allocate any area or market for the disposal or sale of the goods 6or services d refusal to deal includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods 6or services are sold or from whom goods 6or services are bought e resale price maintenance 7includes, in case of any agreement to sell goods or provide services, any direct or indirect restriction that the prices to be charged on the resale by the purchaser shall be the prices stipulated by the seller unless it is clearly stated that prices lower than those prices may be charged. 5 nothing contained in this section shall restrict i the right of any person to restrain any infringement of, or to impose reasonable conditions, as may be necessary for protecting any of his rights which have been or may be conferred upon him under a the copyright act, 14 of b the patents act, 39 of c the trade and merchandise marks act, 43 of or the trade marks act, 47 of d the geographical indications of goods registration and protection act, 48 of e the designs act, 16 of f the semiconductor integrated circuits layoutdesign act, 37 of 8g any other law for the time being in force relating to the protection of other intellectual property rights. ii the right of any person to export goods from india to the extent to which the agreement relates exclusively to the production, supply, distribution or control of goods or provision of services for such export. 1. ins. by act 9 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid, for any agreement amongst enterprises or persons w.e.f. . 3. subs. by act 9 of , s. 4, for supply w.e.f. . 4. ins. by s. 4, ibid w.e.f. . 5. subs. by s. 4, ibid, for clauses a and b w.e.f. . 6. ins. by s. 4, ibid. w.e.f. . 7. subs. by s. 4, ibid., for includes any agreement to sell goods on condition w.e.f. . 8. ins. by act 9 of , s. 4 w.e.f. .

section 10. of the competition act : 1 the chairperson and every other member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment: 1provided that the chairperson or other members shall not hold office as such after he has attained the age of sixtyfive years. 2 a vacancy caused by the resignation or removal of the chairperson or any other member under section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions of sections 8 and 9. 3 the chairperson and every other member shall, before entering upon his office, make and subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be prescribed. 4 in the event of the occurrence of a vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the seniormost member shall act as the chairperson, until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 5 when the chairperson is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member shall discharge the functions of the chairperson until the date on which the chairperson resumes the charge of his functions 1. subs. by s. 8, ibid., for the proviso w.e.f. .

section 4. of the competition act : 11 no enterprise or group shall abuse its dominant position. 2 there shall be an abuse of dominant position 2under subsection 1, if an enterprise or a group, a directly or indirectly, imposes unfair or discriminatory i condition in purchase or sale of goods or service or ii price in purchase or sale including predatory price of goods or service. explanation.for the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or service referred to in subclause i and unfair or discriminatory price in purchase or sale of goods including predatory price or service referred to in subclause ii shall not include such 3condition or price which may be adopted to meet the competition or b limits or restricts i production of goods or provision of services or market therefor or ii technical or scientific development relating to goods or services to the prejudice of consumers or c indulges in practice or practices resulting in denial of market access 4in any manner or d makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts or e uses its dominant position in one relevant market to enter into, or protect, other relevant market. explanation.for the purposes of this section, the expression a dominant position means a position of strength, enjoyed by an enterprise, in the relevant market, in india, which enables it to i operate independently of competitive forces prevailing in the relevant market or ii affect its competitors or consumers or the relevant market in its favour b predatory price means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision of services, with a view to reduce competition or eliminate the competitors 4c group shall have the same meaning as assigned to it in clause b of the explanation to section 5. 1. subs. by act 39 of , s. 3, for subsection 1 w.e.f. . 2. subs. by s. 3, ibid., for under subsection 1, if an enterprise w.e.f. . 3. subs. by act 9 of , s. 5, for discriminatory condition or price w.e.f. . 4. ins. by act 39 of , s. 3 w.e.f. .

section 5. of the competition act : the acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if a any acquisition where i the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, voting rights or assets have been acquired or are being acquired jointly have, a either, in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores or 1b in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india or or ii the group, to which the enterprise whose control, shares, assets or voting rights have been acquired or are being acquired, would belong after the acquisition, jointly have or would jointly have, a either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores or 23 b in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india or b acquiring of control by a person over an enterprise when such person has already direct or indirect control over another enterprise engaged in production, distribution or trading of a similar or identical or substitutable goods or provision of a similar or identical or substitutable service, if i the enterprise over which control has been acquired along with the enterprise over which the acquirer already has direct or indirect control jointly have, a either in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores or 3b in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india or ii the group, to which enterprise whose control has been acquired, or is being acquired, would belong after the acquisition, jointly have or would jointly have, a either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores or 4b in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india or c any merger or amalgamation in which i the enterprise remaining after merger or the enterprise created as a result of the amalgamation, as the case may be, have, a either in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores or 5b in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india or ii the group, to which the enterprise remaining after the merger or the enterprise created as a result of the amalgamation, would belong after the merger or the amalgamation, as the case may be, have or would have, a either in india, the assets of the value of more than rupees fourthousand crores or turnover more than rupees twelve thousand crores or 6b in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india. explanation.for the purposes of this section, a control includes controlling the affairs or management by i one or more enterprises, either jointly or singly, over another enterprise or group ii one or more groups, either jointly or singly, over another group or enterprise b group means two or more enterprises which, directly or indirectly, are in a position to i exercise twentysix per cent or more of the voting rights in the other enterprise or ii appoint more than fifty per cent of the members of the board of directors in the other enterprise or iii control the management or affairs of the other enterprise c the value of assets shall be determined by taking the book value of the assets as shown, in the audited books of account of the enterprise, in the financial year immediately preceding the financial year in which the date of proposed merger falls, as reduced by any depreciation, and the value of assets shall include the brand value, value of goodwill, or value of copyright, patent, permitted use, collective mark, registered proprietor, registered trade mark, registered user, homonymous geographical indication, geographical indications, design or layoutdesign or similar other commercial rights, if any, referred to in subsection 5 of section 3. 1.subs. by act 39 of , s. 4, for subclause i item b w.e.f. . 2.subs. by s. 4, ibid., for subclause ii item b w.e.f. . 3.subs. by s. 4, ibid for subclause i item b w.e.f. . 4. subs. by s. 4, ibid., subclause ii item b w.e.f. . 5. subs. by s. 4, ibid., for sub subclause i item b w.e.f. . 6. subs. by s. 4, ibid., subclause ii item b w.e.f. .

section 6. of the competition act : 1 no person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition within the relevant market in india and such a combination shall be void. 2 subject to the provisions contained in subsection 1, any person or enterprise, who or which proposes to enter into a combination, 1shall give notice to the commission, in the form as may be specified, and the fee which may be determined, by regulations, disclosing the details of the proposed combination, within 2thirty days of a approval of the proposal relating to merger or amalgamation, referred to in clause c of section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be b execution of any agreement or other document for acquisition referred to in clause a of section 5 or acquiring of control referred to in clause b of that section. 32a no combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the commission under subsection 2 or the commission has passed orders under section 31, whichever is earlier. 3 the commission shall, after receipt of notice under subsection 2, deal with such notice in accordance with the provisions contained in sections 29, 30 and 31. 4 the provisions of this section shall not apply to share subscription or financing facility or any acquisition, by a public financial institution, foreign institutional investor, bank or venture capital fund, pursuant to any covenant of a loan agreement or investment agreement. 5 the public financial institution, foreign institutional investor, bank or venture capital fund, referred to in subsection 4, shall, within seven days from the date of the acquisition, file, in the form as may be specified by regulations, with the commission the details of the acquisition including the details of control, the circumstances for exercise of such control and the consequences of default arising out of such loan agreement or investment agreement, as the case may be. explanation.for the purposes of this section, the expression a foreign institutional investor has the same meaning as assigned to it in clause a of the explanation to section 115ad of the incometax act, 43 of b venture capital fund has the same meaning as assigned to it in clause b of the explanation to clause 23 fb of section 10 of the incometax act, 43 of . 1. subs.by act 39 of , s. 5, for may, at his or its option w.e.f. . 2. subs. by s. 5, ibid., for seven days w.e.f. . 3. ins. by s. 5, ibid w.e.f. . 4. 14th october, , vide notification no. s.o. e, dated 14th october, .

section 9. of the competition act : show related subordinates 19. selection committee for chairperson and members of commission.1 the chairperson and other members of the commission shall be appointed by the central government from a panel of names recommended by a selection committee consisting of a the chief justice of india or his nominee..chairperson b the secretary in the ministry of corporate affairsmember c the secretary in the ministry of law and justice.member d two experts of repute who have special knowledge of, and professional experience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, 2technology, public affairs or competition matters including competition law and policy.members. 2 the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed. 1. subs. by act 39 of , s. 7, for section 9 w.e.f. . 2. ins. by act 9 of , s. 10 w.e.f. . notifications yeardescriptionfiles the competition commission of india selection of chairperson and other members of the commission rules, effective date of sections 7, 11, 12 etc. of the competition act, i.e. from 19.06.. the competition commission of india oath of office and secrecy for chairperson and other members rules , corrigendum to the notification no. 715e dated 19.6.03 regarding effective date of some sections of the competition act, . the competition commission of india salary ,allowances and other terms and conditions of service of chairperson and other members rules , appointment of sh. dipak chatterji as chairperson of the cci establishment of competition commission of india cci appointment of sh. vinod k. dhall as member of cci the central government hereby appoints the 1st day of june, as the date on which sections 5, 6, 20, 29, 30 and 31 of the competition act, shall come into force. the central government in consultation with the competition commission of india, hereby enhance value of turnover, by fifty per cent for the purposes of sections 5 of the competition act, the central government, in public interest, hereby exempts the group exercising less than fifty per cent of voting rights in other enterprises from the provisions of section 5 of the competition act, for a period of five years corrigendum to notification gsr 482e dated 04 march, the central government hereby appoints the 1st day of june, as the date on which sections 43a of the competition act, shall come into force corrigendum to notification so 479e dated 04 march, the central government hereby appoints the 1st day of june, as the date on which sections 44 of the competition act, shall come into force. so.e dated december 11, the competition commission of india salary, allowances and other terms and conditions of service of chairperson and other members amendment rules, notification s.o 998e and s.o 989e dated 27.03. notification no. s.o. e dated 16.06. relating to exemption of liner shipping agreements of liner shipping industry from the provisions of section 3 of the competition act,

section 11. of the competition act : 1 the chairperson or any other member may, by notice in writing under his hand addressed to the central government, resign his office: provided that the chairperson or a member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 2 notwithstanding anything contained in subsection 1, the central government may, by order, remove the chairperson or any other member from his office if such chairperson or member, as the case may be, a is, or at any time has been, adjudged as an insolvent or b has engaged at any time, during his term of office, in any paid employment or c has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or d has acquired such financial or other interest as is likely to affect prejudicially his functions as a member or e has so abused his position as to render his continuance in office prejudicial to the public interest or f has become physically or mentally incapable of acting as a member. 3 notwithstanding anything contained in subsection 2, no member shall be removed from his office on the ground specified in clause d or clause e of that subsection unless the supreme court, on a reference being made to it in this behalf by the central government, has, on an inquiry, held by it in accordance with such procedure as may be prescribed in this behalf by the supreme court, reported that the member, ought on such ground or grounds to be removed.

section 12. of the competition act : 112. restriction on employment of chairperson and other members.1 the chairperson and other members shall, for a period of two years from the date on which they cease to hold office, not accept any employment in or advise as a consultant, retainer or in any other capacity whatsoever, or be connected with the management or administration of a any enterprise which is or has been a party to a proceeding before the commission under this act or b any person who appears or has appeared before the commission under section 35. 2 notwithstanding anything contained in section 35, the chairperson or any other member after retirement or otherwise ceasing to be in service for any reason shall not represent for any person or enterprise before the commission: provided that nothing contained in this section shall apply to any employment under the central government or a state government or local authority or in any statutory authority or any corporation established by or under any central, state or provincial act or a government company as defined in clause 45 of section 2 of the companies act, 18 of . 1. subs. by act 9 of , s. 11, for section 12 w.e.f. .

section 18. of the competition act : 118. duties and functions of commission.subject to the provisions of this act, it shall be the duty of the commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in india: provided that the commission may, for the purpose of discharging its duties or performing its functions under this act, enter into any memorandum or arrangement with the prior approval of the central government, with any agency of any foreign country: provided further that, the commission may, for the purpose of discharging its duties or performing its functions under this act, enter into any memorandum or arrangement with any statutory authority or department of government. 1. subs. by act 9 of , s. 13, for section 18 w.e.f. .

section 13. of the competition act : 113. administrative powers of chairperson.the chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the commission: provided that the chairperson may delegate such of his powers relating to administrative matters of the commission, as he may think fit, to any other member or officer of the commission. 1. sub. by s. 10, ibid., for section 13 w.e.f. .

section 14. of the competition act : show related subordinates 1 the salary, and the other terms and conditions of service, of the chairperson and other members, including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities shall be such as may be prescribed. 2 the salary, allowances and other terms and conditions of service of the chairperson or a member shall not be varied to his disadvantage after appointment

section 15., not to invalidate proceedings of commission. of the competition act : no act or proceeding of the commission shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the commission or b any defect in the appointment of a person acting as a chairperson or as a member or c any irregularity in the procedure of the commission not affecting the merits of the case.

section 16. of the competition act : 1 1 the 2commission may, with the prior approval of the central government, appoint a director general for the purposes of assisting the commission in conducting inquiry into contravention of any of the provisions of this act and for performing such other functions as are, or may be, provided by or under this act. 1a the number of other additional, joint, deputy or assistant directors general or such officers or other employees in the office of director general and the manner of appointment of such additional, joint, deputy or assistant directors general or such officers or other employees shall be such as may be prescribed. 2 every additional, joint, deputy and assistant directors general or 3 such officers or other employees, shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the director general. 3 the salary, allowances and other terms and conditions of service of the director general and additional, joint, deputy and assistant directors general or, 3 such officers or other employees, shall be such as may be prescribed. 4 the director general and additional, joint, deputy and assistant directors general or 3 such officers or other employees, shall be appointed from amongst persons of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics and such other qualifications as may be prescribed. 1. subs. by act 39 of , s. 11, for subsection 1 w.e.f. . 2. subs. by act 9 of , s. 12, for central government may, by notification w.e.f. . 3. subs. by s. 11, ibid., for such other advisers, consultants and officers, w.e.f. .

section 17. of the competition act : 117. appointment of secretary, experts, professionals and officers and other employees of commission. 1 the commission may appoint a secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this act. 2 the salaries and allowances payable to, and other terms and conditions of service of, the secretary and officers and other employees of the commission and the number of such officers and other employees shall be such as may be prescribed. 3 the commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to competition, as it deems necessary to assist the commission in the discharge of its functions under this act. 1. subs. by s. 12, ibid., for section 17 w.e.f.

section 21a. of the competition act : 121a. reference by commission.1 where in the course of a proceeding before the commission an issue is raised by any party that any decision which, the commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of 2an act whose implementation is entrusted to a statutory authority, then the commission may make a reference in respect of such issue to the statutory authority: 3provided that the commission, may, suo motu, make a reference to a statutory authority on any issue that involves provisions of an act whose implementation is entrusted to that statutory authority. 2 on receipt of a reference under subsection 1, the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion. 1. ins. by s. 16, ibid., w.e.f. . 2. subs. by act 9 of , s. 17, for this acbqts w.e.f. . 3. subs. by s. 17, ibid., for the proviso w.e.f. .

section 19. of the competition act : 1 the commission may inquire into any alleged contravention of the provisions contained in subsection 1 of section 3 or subsection 1 of section 4 either on its own motion or on a 1receipt of any information, in such manner and accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association or b a reference made to it by the central government or a state government or a statutory authority. 2provided that the commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen: provided further that an information or a reference may be entertained after the period specified in the first proviso if the commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period after recording its reasons for condoning such delay. 2 without prejudice to the provisions contained in subsection 1, the powers and functions of the commission shall include the powers and functions specified in subsections 3 to 7. 3 the commission shall, while determining whether an agreement has an appreciable adverse effect on competition under section 3, have due regard to all or any of the following factors, namely: a creation of barriers to new entrants in the market b driving existing competitors out of the market c foreclosure of competition 3 d 4benefits or harm to consumers e improvements in production or distribution of goods or provision of services f promotion of technical, scientific and economic development by means of production or distribution of goods or provision of services. 4 the commission shall, while inquiring whether an enterprise enjoys a dominant position or not under section 4, have due regard to all or any of the following factors, namely: a market share of the enterprise b size and resources of the enterprise c size and importance of the competitors d economic power of the enterprise including commercial advantages over competitors e vertical integration of the enterprises or sale or service network of such enterprises f dependence of consumers on the enterprise g monopoly or dominant position whether acquired as a result of any statute or by virtue of being a government company or a public sector undertaking or otherwise h entry barriers including barriers such as regulatory barriers, financial risk, high capital cost of entry, marketing entry barriers, technical entry barriers, economies of scale, high cost of substitutable goods or service for consumers i countervailing buying power j market structure and size of market k social obligations and social costs l relative advantage, by way of the contribution to the economic development, by the enterprise enjoying a dominant position having or likely to have an appreciable adverse effect on competition m any other factor which the commission may consider relevant for the inquiry. 5 for determining whether a market constitutes a relevant market for the purposes of this act, the commission shall have due regard to the relevant geographic market and relevant product market. 6 the commission shall, while determining the relevant geographic market, have due regard to all or any of the following factors, namely: a regulatory trade barriers b local specification requirements c national procurement policies d adequate distribution facilities e transport costs f language g consumer preferences h need for secure or regular supplies or rapid aftersales services. 5i characteristics of goods or nature of services j costs associated with switching supply or demand to other areas. 7 the commission shall, while determining the relevant product market, have due regard to all or any of the following factors, namely: a physical characteristics or enduse of goods 5or the nature of services b price of goods or service c consumer preferences d exclusion of inhouse production e existence of specialised producers f classification of industrial products. 5g costs associated with switching demand or supply to other goods or services h categories of customers. 1. subs. by act 39 of , s. 13, for receipt of a complaint w.e.f. . 2. ins. by act 9 of , s. 14 w.e.f. . 3. the words by hindering entry into the market omitted by act 9 of , s. 14 w.e.f. . 4. subs. by s. 14, ibid., for accrual of benefits w.e.f. . 5. ins. by act 9 of , s. 14 w.e.f. .

section 24. of the competition act : procedure for deciding a case where members of a bench differ. omitted by s. 18, ibid. w.e.f. .

section 25. of the competition act : jurisdiction of bench. omitted by s. 18, ibid. w.e.f. .

section 20. of the competition act : 1 the commission may, upon its own knowledge or information relating to acquisition referred to in clause a of section 5 or acquiring of control referred to in clause b of section 5 or merger or amalgamation referred to in 1clause c of that section 5 or acquisition of any control, shares, voting right or assets of an enterprise, merger or amalgamation referred to in clause d of that section, inquire into whether such a combination has caused or is likely to cause an appreciable adverse effect on competition in india: provided that the commission shall not initiate any inquiry under this subsection after the expiry of one year from the date on which such combination has taken effect. 2 the commission shall, on receipt of a notice under subsection 2 of section 6 2, inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable adverse effect on competition in india. 3 notwithstanding anything contained in section 5, the central government shall, on the expiry of a period of two years from the date of commencement of this act and thereafter every two years, in consultation with the commission, 3enhance or reduce by notification, or keep at the same level, on the basis of the wholesale price index or fluctuations in exchange rate of rupee or foreign currencies, or such factors that in its opinion are relevant in this matter, the value of assets or the value of turnover or value of transaction, for the purposes of that section. 4 for the purposes of determining whether a combination would have the effect of or is likely to have an appreciable adverse effect on competition in the relevant market, the commission shall have due regard to all or any of the following factors, namely: a actual and potential level of competition through imports in the market b extent of barriers to entry into the market c level of 4concentration in the market d degree of countervailing power in the market e likelihood that the combination would result in the parties to the combination being able to significantly and sustainably increase prices or profit margins f extent of effective competition likely to sustain in a market g extent to which substitutes are available or arc likely to be available in the market h market share, in the relevant market, of the persons or enterprise in a combination, individually and as a combination i likelihood that the combination would result in the removal of a vigorous and effective competitor or competitors in the market j nature and extent of vertical integration in the market k possibility of a failing business l nature and extent of innovation m relative advantage, by way of the contribution to the economic development, by any combination having or likely to have appreciable adverse effect on competition n whether the benefits of the combination outweigh the adverse impact of the combination, if any. 1. subs. by s. 15, ibid., for clause c of that section w.e.f. . 2. the words, brackets and figures in brackets or upon receipt of a reference under sub section 1 of section 21 omitted by act 39 of , s. 14 w.e.f. . 3. subs. by act 9 of , s. 15, for certain words w.e.f. . 4. subs. by act 9 of , s. 16, for combination w.e.f. .

section 26. of the competition act : 126. procedure for inquiry under section 19.1 on receipt of a reference from the central government or a state government or a statutory authority or on its own knowledge or information received under section 19, if the commission is of the opinion that there exists a prima facie case, it shall direct the director general to cause an investigation to be made into the matter: provided that if the subject matter of an information received is, in the opinion of the commission, substantially the same as or has been covered by any previous information received, then the new information may be clubbed with the previous information. 2 where on receipt of a reference from the central government or a state government or a statutory authority or information received under section 19, the commission is of the opinion that there exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send a copy of its order to the central government or the state government or the statutory authority or the parties concerned, as the case may be. 22a the commission may not inquire into agreement referred to in section 3 or conduct of an enterprise or group under section 4, if the same or substantially the same facts and issues raised in the information received under section 19 or reference from the central government or a state government or a statutory authority has already been decided by the commission in its previous order. 3 the director general shall, on receipt of direction under subsection 1, submit a report on his findings within such period as may be specified by the commission. 23a if, after consideration of the report of the director general referred to in subsection 3, the commission is of the opinion that further investigation is required, it may direct the director general to investigate further into the matter. 3b the director general shall, on receipt of direction under subsection 3a, investigate the matter and submit a supplementary report on his findings within such period as may be specified by the commission. 4 the commission may forward a copy of the report referred to in 3subsection 3 and 3b to the parties concerned: provided that in case the investigation is caused to be made based on reference received from the central government or the state government or the statutory authority, the commission shall forward a copy of the report referred to in 3subsection 3 and 3b to the central government or the state government or the statutory authority, as the case may be. 5 if the report of the director general referred to in 3subsection 3 and 3b recommends that there is no contravention of the provisions of this act, the commission shall invite objections or suggestions from the central government or the state government or the statutory authority or the parties concerned, as the case may be, on such report of the director general. 6 if, after consideration of the objections or suggestions referred to in subsection 5, if any, the commission agrees with the recommendation of the director general, it shall close the matter forthwith and pass such orders as it deems fit and communicate its order to the central government or the state government or the statutory authority or the parties concerned, as the case may be. 7 if, after consideration of the objections or suggestions referred to in subsection 5, if any, the commission is of the opinion that further investigation is called for, it may direct further investigation in the matter by the director general or cause further inquiry to be made in the matter or itself proceed with further inquiry in the matter in accordance with the provisions of this act. 8 if the report of the director general referred to in 3subsection 3 and 3b recommends that there is contravention of any of the provisions of this act, and the commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this act. 1. subs. by act 39 of , s. 19, for section 26 w.e.f. . 2. ins. by act 9 of , s. 19 w.e.f. . 3. subs. by s. 19, ibid., for bqtssubsection 3bqts w.e.f. .

section 22. of the competition act : 122. meetings of commission.1 the commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations. 2 the chairperson, if for any reason, is unable to attend a meeting of the commission, the seniormost member present at the meeting, shall preside at the meeting. 3 all questions which come up before any meeting of the commission shall be decided by a majority of the members present and voting, 2: provided that the quorum for such meeting shall be three members. 1. subs. by act 39 of , s. 17, for section 22 w.e.f. . 2. the words and in the even of equality of votes, the chairperson or in his absence, the member presiding, shall have second or casting vote omitted by act 9 of , s. 18 w.e.f. .

section 23. of the competition act : distribution of business of commission amongst benches. omitted by the competition amendment act, 39 of , s. 18 w.e.f. .

section 21. of the competition act : 1 where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this act, then such statutory authority may make a reference in respect of such issue to the commission: 1provided that any statutory authority, may, suo motu, make a reference to the commission on any issue that involves any provision of this act or is related to promoting the objectives of this act, as the case may be. 22 on receipt of a reference under subsection 1, the commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the commission and thereafter, give its findings recording reasons therefor on the issues referred to in the said opinion. 1. subs. by act 9 of , s. 16, for the proviso w.e.f. . 2. subs. by act 39 of , s. 15, for subsection 2 w.e.f. .

section 29. of the competition act : 1 where the commission is of the 1 prima facie opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in india, it shall issue a notice to show cause to the parties to combination calling upon them to respond within thirty days of the receipt of the notice, as to why investigation in respect of such combination should not be conducted. 21a after receipt of the response of the parties to the combination under subsection 1, the commission may call for a report from the director general and such report shall be submitted by the director general within such time as the commission may direct. 2 the commission, if it is prima facie of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall, within seven working days from the date of receipt of the response of the parties to the combination, 3 or the receipt of the report from director general called under sub section 1a, whichever is later, direct the parties to the said combination to publish details of the combination within ten working days of such direction, in such manner, as it thinks appropriate, for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination. 3 the commission may invite any person or member of the public, affected or likely to be affected by the said combination, to file his written objections, if any, before the commission within fifteen working days from the date on which the details of the combination were published under subsection 2. 4 the commission may, within fifteen working days from the expiry of the period specified in subsection 3, call for such additional or other information as it may deem fit from the parties to the said combination. 5 the additional or other information called for by the commission shall be furnished by the parties referred to in subsection 4 within fifteen days from the expiry of the period specified in subsection 4. 6 after receipt of all information and within a period of fortyfive working days from the expiry of the period specified in subsection 5, the commission shall proceed to deal with the case in accordance with the provisions contained in section 31. 1. ins. by act 39 of s. 22, w.e.f. . 2. ins. by s. 22, ibid. w.e.f. . 3. ins. by s. 22, ibid. w.e.f. .

section 32.acts taking place outside india but having an effect on competition in india of the competition act : the commission shall, notwithstanding that, a an agreement referred to in section 3 has been entered into outside india or b any party to such agreement is outside india or c any enterprise abusing the dominant position is outside india or d a combination has taken place outside india or e any party to combination is outside india or f any other matter or practice or action arising out of such agreement or dominant position or combination is outside india, have power to inquire 1in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of the act into such agreement or abuse of dominant position or combination if such agreement or dominant position or combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in india1and pass such orders as it may deem fit in accordance with the provisions of this act. 1. ins. by act 39 of , s. 25 w.e.f. .

section 27. of the competition act : where after inquiry the commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely: a direct any enterprise or association of enterprises or person or association of persons, as the case may be, involved in such agreement, or abuse of dominant position, to discontinue and not to reenter such agreement or discontinue such abuse of dominant position, as the case may be b impose such penalty, as it may deem fit which shall be not more than ten per cent. of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are parties to such agreements or abuse: 1provided that in case any agreement referred to in section 3 has been entered into by a cartel, the commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent. of its turnover for each year of the continuance of such agreement, whichever is higher. 2 d direct that the agreements shall stand modified to the extent and in the manner as may be specified in the order by the commission e direct the enterprises concerned to abide by such other orders as the commission may pass and comply with the directions, including payment of costs, if any 3 g pass such other 4order or issue such directions as it may deem fit: 5provided that while passing orders under this section, if the commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the act is a member of a group as defined in clause b of the explanation to section 5 of the act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group. 1. subs. by act 39 of , s. 20, for the proviso w.e.f. . 2. cl. c omitted by s. 20, ibid. w.e.f. . 3. cl. f omitted by act 39 of , s. 20 w.e.f. . 4. subs. by s. 20, ibid., for order w.e.f. . 5. the proviso inserted by s.20, ibid. w.e.f. .

section 28. of the competition act : the 1commission may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant position. 2 in particular, and without prejudice to the generality of the foregoing powers, the order referred to in subsection 1 may provide for all or any of the following matters, namely: a the transfer or vesting of property, rights, liabilities or obligations b the adjustment of contracts either by discharge or reduction of any liability or obligation or otherwise c the creation, allotment, surrender or cancellation of any shares, stocks or securities 2 e the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise f the extent to which, and the circumstances in which, provisions of the order affecting an enterprise may be altered by the enterprise and the registration thereof g any other matter which may be necessary to give effect to the division of the enterprise. 3 notwithstanding anything contained in any other law for the time being in force or in any contract or in any memorandum or articles of association, an officer of a company who ceases to hold office as such in consequence of the division of an enterprise shall not be entitled to claim any compensation for such cesser 1. subs. by s. 21, ibid., for central government, on recommendation under clause f of section 27 w.e.f. . 2. cl. d omitted by s. 21, ibid. w.e.f.

section 30. of the competition act : 130. procedure in case of notice under subsection 2 of section 6.where any person or enterprise has given a notice under subsection 2 of section 6, the commission shall examine such notice and form its prima facie opinion as provided in subsection 1 of section 29 and proceed as per provisions contained in that section. 1 subs. by act 39 of , s. 23, for section 30 w.e.f. .

section 35.appearance before commission of the competition act : 11 2a party or the director general may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the commission. explanation.for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of and who has obtained a certificate of practice under sub section 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice. 32 without prejudice to subsection 1, a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case. 1. section 35 shall be numbered as subsection 1 thereof by act 9 of , s. 25 w.e.f. . 2. subs. by s. 25, ibid., for a person or an enterprise w.e.f. . 3. ins. by s. 25, ibid. w.e.f. .

section 31. of the competition act : 1 where the commission is of the opinion that any combination does not, or is not likely to, have an appreciable adverse effect on competition, it shall, by order, approve that combination including the combination in respect of which a notice has been given under subsection 2 of section 6. 2 where the commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall direct that the combination shall not take effect. 3 where the commission is of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition but such adverse effect can be eliminated by suitable modification to such combination, it may propose appropriate modification to the combination, to the parties to such combination. 4 the parties, who accept the modification proposed by the commission under subsection 3, shall carry out such modification within the period specified by the commission. 5 if the parties to the combination, who have accepted the modification under subsection 4, fail to carry out the modification within the period specified by the commission, such combination shall be deemed to have an appreciable adverse effect on competition and the commission shall deal with such combination in accordance with the provisions of this act. 6 if the parties to the combination do not accept the modification proposed by the commission under subsection 3, such parties may, within thirty working days of the modification proposed by the commission, submit amendment to the modification proposed by the commission under that subsection. 7 if the commission agrees with the amendment submitted by the parties under subsection 6, it shall, by order, approve the combination. 8 if the commission does not accept the amendment submitted under sub section 6, then, the parties shall be allowed a further period of thirty working days within which such parties shall accept the modification proposed by the commission under subsection 3. 9 if the parties fail to accept the modification proposed by the commission within thirty working days referred to in subsection 6 or within a further period of thirty working days referred to in subsection 8, the combination shall be deemed to have an appreciable adverse effect on competition and be dealt with in accordance with the provisions of this act. 10 where the commission has directed under subsection 2 that the combination shall not take effect or the combination is deemed to have an appreciable adverse effect on competition under subsection 9, then, without prejudice to any penalty which may be imposed or any prosecution which may be initiated under this act, the commission may order that a the acquisition referred to in clause a of section 5 or b the acquiring of control referred to in clause b of section 5 or c the merger or amalgamation referred to in clause c of section 5, shall not be given effect to: provided that the commission may, if it considers appropriate, frame a scheme to implement its order under this subsection. 11 if the commission does not, on the expiry of a period of 1two hundred and ten days from the date of notice given to the commission under subsection 2 of section 6, pass an order or issue direction in accordance with the provisions of subsection 1 or subsection 2 or subsection 7, the combination shall be deemed to have been approved by the commission. explanation.for the purposes of determining the period of 2two hundred and ten days specified in this subsection, the period of thirty working days specified in subsection 6 and a further period of thirty working days specified in sub section 8 shall be excluded. 12 where any extension of time is sought by the parties to the combination, the period of ninety working days shall be reckoned after deducting the extended time granted at the request of the parties. 13 where the commission has ordered a combination to be void, the acquisition or acquiring of control or merger or amalgamation referred to in section 5, shall be dealt with by the authorities under any other law for the time being in force as if such acquisition or acquiring of control or merger or amalgamation had not taken place and the parties to the combination shall be dealt with accordingly. 14 nothing contained in this chapter shall affect any proceeding initiated or which may be initiated under any other law for the time being in force . 1. subs. by act 39 of , s. 24, for ninety working days from the date of publication referred to in subsection 2 of section 29 w.e.f. . 2. subs. by s. 24, ibid., for ninety working.

section 33. of the competition act : 133. power to issue interim orders.where during an inquiry, the commission is satisfied that an act in contravention of subsection 1 of section 3 or subsection 1 of section 4 or section 6 has been committed and continues to be committed or that such act is about to be committed, the commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where it deems it necessary. 1. subs. by s. 26, ibid., for section 33 w.e.f. .

section 34. of the competition act : power to award compensation. omitted by the competition amendment act, 39 of s. 27 w.e.f. .

section 36. of the competition act : 136. power of commission to regulate its own procedure. 1 in the discharge of its functions, the commission shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules made by the central government, the commission shall have the powers to regulate its own procedure. 2 the commission shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavit d issuing commissions for the examination of witnesses or documents e requisitioning, subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , any public record or document or copy of such record or document from any office. 3 the commission may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary to assist the commission in the conduct of any inquiry by it. 4 the commission may direct any person a to produce before the director general or the secretary or an officer authorised by it, such books, or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for the purposes of this act b to furnish to the director general or the secretary or any other officer authorised by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person, as may be required for the purposes of this act. 1. subs. by s. 29, ibid., for section 36 w.e.f. .

section 37. of the competition act : review of orders of commission. omitted by the competition amendment act, 39 of , s. 30 w.e.f. .

section 41. director general to investigate contravention of the competition act : 1 the director general shall, when so directed by the commission, assist the commission in investigating into any contravention of the provisions of this act or any rules or regulations made thereunder. 2 the director general shall have all the powers as are conferred upon the commission under subsection 2 of section 36. 3 without prejudice to the provisions of subsection 2, sections 240 and 240a of the companies act, 1 of , so far as may be, shall apply to an investigation made by the director general or any other person investigating under his authority, as they apply to an inspector appointed under that act. 1explanation.for the purposes of this section, a the words the central government under section 240 of the companies act, 1 of shall be construed as the commission b the word magistrate under section 240a of the companies act, 1 of shall be construed as the chief metropolitan magistrate, delhi. 1. ins. by act 39 of , s. 33 w.e.f. .

section 38.rectification of orders of the competition act : 1 with a view to rectifying any mistake apparent from the record, the commission may amend any order passed by it under the provisions of this act. 2 subject to the other provisions of this act, the commission may make a an amendment under subsection 1 of its own motion b an amendment for rectifying any such mistake which has been brought to its notice by any party to the order. explanation.for the removal of doubts, it is hereby declared that the commission shall not, while rectifying any mistake apparent from record, amend substantive part of its order passed under the provisions of this act.

section 39. of the competition act : 139. execution of orders of commission imposing monetary penalty.1 if a person fails to pay any monetary penalty imposed on him under this act, the commission shall proceed to recover such penalty, in such manner as may be specified by the regulations. 2 in a case where the commission is of the opinion that it would be expedient to recover the penalty imposed under this act in accordance with the provisions of the incometax act, 43 of , it may make a reference to this effect to the concerned incometax authority under that act for recovery of the penalty as tax due under the said act. 3 where a reference has been made by the commission under subsection 2 for recovery of penalty, the person upon whom the penalty has been imposed shall be deemed to be the assessee in default under the income tax act, 43 of and the provisions contained in sections 221 to 227, 228a, 229, 231 and 232 of the said act and the second schedule to that act and any rules made there under shall, in so far as may be, apply as if the said provisions were the provisions of this act and referred to sums by way of penalty imposed under this act instead of to income tax and sums imposed by way of penalty, fine, and interest under the incometax act, 43 of and to the commission instead of the assessing officer. explanation 1.any reference to subsection 2 or subsection 6 of section 220 of the incometax act, 43 of , in the said provisions of that act or the rules made thereunder shall be construed as references to sections 43 to 45 of this act. explanation 2.the tax recovery commissioner and the tax recovery officer referred to in the incometax act, 43 of shall be deemed to be the tax recovery commissioner and the tax recovery officer for the purposes of recovery of sums imposed by way of penalty under this act and reference made by the commission under subsection 2 would amount to drawing of a certificate by the tax recovery officer as far as demand relating to penalty under this act. explanation 3.any reference to appeal in chapter xviid and the second schedule to the incometax act, 43 of , shall be construed as a reference to appeal before the competition appellate tribunal under section 53b of this act. 1. subs. by act 39 of , s. 31, for section 39 w.e.f. .

section 40. of the competition act : appeal. omitted by the competition amendment act, 39 of , s. 32 w.e.f.

section 42. of the competition act : 142. contravention of orders of commission.1 the commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the act. 2 if any person, without reasonable clause, fails to comply with the orders or directions of the commission issued under sections 27, 28, 31, 32, 33, 42a and 43a of the act, he shall be punishable with fine which may extend to rupees one lakh for each day during which such noncompliance occurs, subject to a maximum of rupees ten crore, as the commission may determine. 3 if any person does not comply with the orders or directions issued, or fails to pay the fine imposed under subsection 2, he shall, without prejudice to any proceeding under section 39, be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to rupees twentyfive crore, or with both, as the chief metropolitan magistrate, delhi may deem fit: provided that the chief metropolitan magistrate, delhi shall not take cognizance of any offence under this section save on a complaint filed by the commission or any of its officers authorised by it. 1. subs. by s. 34, ibid., for section 42 w.e.f. .

section 42a.compensation in case of contravention of orders of commission of the competition act : 142a. compensation in case of contravention of orders of commission.without prejudice to the provisions of this act, any person may make an application to the appellate tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the commission or contravening, without any reasonable ground, any decision or order of the commission issued under sections 27, 28, 31, 32 and 33 or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this act or delaying in carrying out such orders or directions of the commission. 1. ins. by s. 35, ibid. w.e.f.

section 43. of the competition act : 143. penalty for failure to comply with directions of commission and director general.if any person fails to comply, without reasonable cause, with a direction given by a the commission under subsections 2 and 4 of section 36 or b the director general while exercising powers referred to in subsection 2 of section 41, such person shall be punishable with fine which may extend to rupees one lakh for each day during which such failure continues subject to a maximum of rupees one crore, as may be determined by the commission. 1. subs. by s. 36, ibid., for section 43 w.e.f. .

section 43a. of the competition act : 143a. power to impose penalty for nonfurnishing of information on combinations.if any person or enterprise who fails to give notice to the commission under subsection 2 of section 6, the commission shall impose on such person or enterprise a penalty which may extend to one percent, of the total turnover or the assets, whichever is higher, of such a combination. 1. ins. by act 39 of , s. 37 w.e.f.

section 47. of the competition act : all sums realised by way of penalties under this act shall be credited to the consolidated fund of india.

section 44. of the competition act : if any person, being a party to a combination, a makes a statement which is false in any material particular, or knowing it to be false or b omits to state any material particular knowing it to be material, such person shall be liable to a penalty which shall not be less than rupees fifty lakhs but which may extend to rupees one crore, as may be determined by the commission.

section 45. of the competition act : 11 without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this act any particulars, documents or any information, a makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular or b omits to state any material fact knowing it to be material or c wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, such person shall be punishable with fine which may extend to rupees one crore as may be determined by the commission. 2 without prejudice to the provisions of subsection 1, the commission may also pass such other order as it deems fit. 1. subs. by s. 38, ibid., for subsection 1 w.e.f. .

section 46.power to impose lesser penalty of the competition act : the commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have violated section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as it may deem fit, than leviable under this act or the rules or the regulations: 1provided that lesser penalty shall not be imposed by the commission in cases where the report of investigation directed under section 26 has been received before making of such disclosure. provided further that lesser penalty shall be imposed by the commission only in respect of a producer, seller, distributor, trader or service provider included in the cartel, who 2has made the full, true and vital disclosures under this section: 3provided also that lesser penalty shall not be imposed by the commission if the person making the disclosure does not continue to cooperate with the commission till the completion of the proceedings before the commission. provided also that the commission may, if it is satisfied that such producer, seller, distributor, trader or service provider included in the cartel had in the course of proceedings, a not complied with the condition on which the lesser penalty was imposed by the commission or b had given false evidence or c the disclosure made is not vital, and thereupon such producer, seller, distributor, trader or service provider may be tried for the offence with respect to which the lesser penalty was imposed and shall also be liable to the imposition of penalty to which such person has been liable, had lesser penalty not been imposed. 1. sub. by s. 39, ibid., for the first proviso w.e.f. . 2. subs. by s. 39, ibid., for first w.e.f. . 3. ins. by s. 39, ibid. w.e.f. .

section 48. of the competition act : 1 where a person committing contravention of any of the provisions of this act or of any rule, regulation, order made or direction issued thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention. 2 notwithstanding anything contained in subsection 1, where a contravention of any of the provisions of this act or of any rule, regulation, order made or direction issued thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 50. of the competition act : the central government may, after due appropriation made by parliament by law in this behalf, make to the commission grants of such sums of money as the government may think fit for being utilised for the purposes of this act.

section 53b. of the competition act : show related subordinates 1253b. appeal to appellate tribunal. 1 the central government or the state government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause a of section 53a may prefer an appeal to the appellate tribunal. 2 every appeal under subsection 1 shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the commission is received by the central government or the state government or a local authority or enterprise or any person referred to in that subsection and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the direction, decision or order appealed against. 4 the appellate tribunal shall send a copy of every order made by it to the commission and the parties to the appeal. 5 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months from the date of receipt of the appeal. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no e, dated .

section 49. of the competition act : 11 the central government may, in formulating a policy on competition including review of laws related to competition or any other matter, and a state government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the commission for its opinion on possible effect of such policy on competition and on the receipt of such a reference, the commission shall, within sixty days of making such reference, give its opinion to the central government, or the state government, as the case may be, which may thereafter take further action as it deems fit. 2 the opinion given by the commission under subsection 1 shall not be binding upon the central government 2or the state government, as the case may be, in formulating such policy. 3 the commission shall take suitable measures 3 for the promotion of competition advocacy, creating awareness and imparting training about competition issues. 1. subs. by act 39 of , s. 40, for subsection 1 w.e.f. . 2. ins. by s. 40, ibid. w.e.f. . 3. the words , as may be prescribed, omitted by s. 40, ibid. w.e.f. .

section 51. of the competition act : 1 there shall be constituted a fund to be called the competition fund and there shall be credited thereto a all government grants received by the commission 1 c the fees received under this act d the interest accrued on the amounts referred to in 2clauses a and c. 2 the fund shall be applied for meeting a the salaries and allowances payable to the chairperson and other members and the administrative expenses including the salaries, allowances and pension payable to the director general, additional, joint, deputy or assistant directors general, the registrar and officers and other employees of the commission b the other expenses of the commission in connection with the discharge of its functions and for the purposes of this act. 3 the fund shall be administered by a committee of such members of the commission as may be determined by the chairperson. 4 the committee appointed under subsection 3 shall spend monies out of the fund for carrying out the objects for which the fund has been constituted. 1. cl. b omitted by act 39 of , s. 41 w.e.f. . 2. subs. by s. 41, ibid., for clauses a to c w.e.f. .

section 52. of the competition act : 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditorgeneral of india. explanation.for the removal of doubts, it is hereby declared that the orders of the commission, being matters appealable to the 1appellate tribunal or the supreme court, shall not be subject to audit under this section. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the commission shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission. 4 the accounts of the commission as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. 1. subs. by s. 42, ibid., for supreme court w.e.f. .

section 53., to central government. of the competition act : 1 the commission shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues, as the central government may, from time to time, require. 2 the commission shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies of the report shall be forwarded to the central government. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be after it is received, before each house of parliament.

section 53c.composition of appellate tribunal of the competition act : 1253c. composition of appellate tribunal. omitted by the finance act, 7 of , s. 171 w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53a.establishments of appellate tribunal of the competition act : 1 2 3 453a. appellate tribunal. the national company law appellate tribunal constituted under section 410 of the companies act, 18 of shall, on and from the commencement of part xiv of chapter vi of the finance act, 7 of , be the appellate tribunal for the purposes of this act and the said appellate tribunal shall a hear and dispose of appeals against any direction issued or decision made or order passed by the commission under subsections 2 and 6 of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43a, section 44, section 45 or section 46 of this act and b adjudicate on claim for compensation that may arise from the findings of the commission or the orders of the appellate tribunal in an appeal against any finding of the commission or under section 42a or under subsection 2 of section 53q of this act, and pass orders for the recovery of compensation under section 53n of this act. 1. ins. by act 39 of , s. 43 w.e.f. . 2. subs. by act 7 of , s. 171, for the heading w.e.f. . 3. , vide s.o. no. e, dated . 4. subs. by act 7 of , s. 171, for section 53a w.e.f. .

section 53d. of the competition act : 1253d. qualifications for appointment of chairperson and members of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53e.selection committee of the competition act : 1253e. selection committee. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53f.term of office of chairperson and members of appellate tribunal of the competition act : 1253f. term of office of chairperson and members of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated

section 53i.resignation of chairperson and members of appellate tribunal of the competition act : 1253i. resignation of chairperson and members of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53k. of the competition act : 1253k. removal and suspension of chairperson and members of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53g. of the competition act : 1253g. terms and conditions of service of chairperson and members of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53h. of the competition act : 1253h. vacancies. omitted by s. 171, ibid. w.e.f. . . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53j. of the competition act : 1253j. member of appellate tribunal to act as its chairperson in certain cases. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53l. of the competition act : 1253l. restriction on employment of chairperson and other members of appellate tribunal in certain cases. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. ,vide s.o. no. e, dated

section 53m. of the competition act : 1253m. staff of appellate tribunal. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53n.awarding compensation of the competition act : show related subordinates 1253n. awarding compensation. 1 without prejudice to any other provisions contained in this act, the central government or a state government or a local authority or any enterprise or any person may make an application to the appellate tribunal to adjudicate on claim for compensation that may arise from the findings of the commission or the orders of the appellate tribunal in an appeal against any findings of the commission or under section 42a or under subsection 2 of section 53q of the act, and to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by the central government or a state government or a local authority or any enterprise or any person as a result of any contravention of the provisions of chapter ii, having been committed by enterprise. 2 every application made under subsection 1 shall be accompanied by the findings of the commission, if any, and also be accompanied with such fees as may be prescribed. 3 the appellate tribunal may, after an inquiry made into the allegations mentioned in the application made under subsection 1, pass an order directing the enterprise to make payment to the applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or damage caused to the applicant as a result of any contravention of the provisions of chapter ii having been committed by such enterprise: provided that the appellate tribunal may obtain the recommendations of the commission before passing an order of compensation. 4 where any loss or damage referred to in subsection 1 is caused to numerous persons having the same interest, one or more of such persons may, with the permission of the appellate tribunal, make an application under that subsection for and on behalf of, or for the benefit of, the persons so interested, and thereupon, the provisions of rule 8 of order 1 of the first schedule to the code of civil procedure, 5 of , shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to the application before the appellate tribunal and the order of the appellate tribunal thereon. explanation.for the removal of doubts, it is hereby declared that a an application may be made for compensation before the appellate tribunal only after either the commission or the appellate tribunal on appeal under clause a of subsection 1 of section 53a of the act, has determined in a proceeding before it that violation of the provisions of the act has taken place, or if provisions of section 42a or subsection 2 of section 53q of the act are attracted b enquiry to be conducted under subsection 3 shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same, and not for examining afresh the findings of the commission or the appellate tribunal on whether any violation of the act has taken place. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53o. of the competition act : 1253o. procedure and powers of appellate tribunal.1 the appellate tribunal shall not be bound by the procedure laid down in the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules made by the central government, the appellate tribunal shall have power to regulate its own procedure including the places at which they shall have their sittings. 2 the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavit d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing a representation for default or deciding it ex parte h setting aside any order of dismissal of any representation for default or any order passed by it ex parte i any other matter which may be prescribed. 3 every proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code or criminal procedure, 2 of . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53u. of the competition act : 1253u. power to punish for contempt.the appellate tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a high court has and may exercise and, for this purpose, the provisions of the contempt of courts act, 70 of shall have effect subject to modifications that, a the reference therein to a high court shall be construed as including a reference to the appellate tribunal b the references to the advocategeneral in section 15 of the said act shall be construed as a reference to such law officer as the central government may, by notification, specify in this behalf. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53p. of the competition act : 1253p. execution of orders of appellate tribunal.1 every order made by the appellate tribunal shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the appellate tribunal to send, in case of its inability to execute such order, to the court within the local limits of whose jurisdiction, a in the case of an order against a company, the registered office of the company is situated or b in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated. 2 notwithstanding anything contained in subsection 1, the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated

section 54. of the competition act : the central government may, by notification, exempt from the application of this act, or any provision thereof, and for such period as it may specify in such notification a any class of enterprises if such exemption is necessary in the interest of security of the state or public interest b any practice or agreement arising out of and in accordance with any obligation assumed by india under any treaty, agreement or convention with any other country or countries c any enterprise which performs a sovereign function on behalf of the central government or a state government: provided that in case an enterprise is engaged in any activity including the activity relatable to the sovereign functions of the government, the central government may grant exemption only in respect of activity relatable to the sovereign functions.

section 53t.appeal to supreme court of the competition act : 1253t. appeal to supreme court.the central government or any state government or the commission or any statutory authority or any local authority or any enterprise or any person aggrieved by any decision or order of the appellate tribunal may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the appellate tribunal to them: provided that the supreme court may, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed after the expiry of the said period of sixty days. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53r. of the competition act : 1253r. vacancy in appellate tribunal not to invalidate acts or proceedings. omitted by s. 171, ibid. w.e.f. . 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 53s. of the competition act : 1253s. right to legal representation. 1 a person preferring an appeal to the appellate tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal. 2 the central government or a state government or a local authority or any enterprise preferring an appeal to the appellate tribunal may authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal. 3 the commission may authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal. explanation.the expressions chartered accountant or company secretary or cost accountant or legal practitioner shall have the meanings respectively assigned to them in the explanation to section 35. 1. ins. by act 39 of , s. 43 w.e.f. . , vide s.o. no. e, dated .

section 53q. of the competition act : 1253q. contravention of orders of appellate tribunal.1 without prejudice to the provisions of this act, if any person contravenes, without any reasonable ground, any order of the appellate tribunal, he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three years or with both as the chief metropolitan magistrate, delhi may deem fit: provided that the chief metropolitan magistrate, delhi shall not take cognizance of any offence punishable under this subsection, save on a complaint made by an officer authorised by the appellate tribunal. 2 without prejudice to the provisions of this act, any person may make an application to the appellate tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise contravening, without any reasonable ground, any order of the appellate tribunal or delaying in carrying out such orders of the appellate tribunal. 1. ins. by act 39 of , s. 43 w.e.f. . 2. , vide s.o. no. e, dated .

section 56. of the competition act : 1 if at any time the central government is of the opinion a that on account of circumstances beyond the control of the commission, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act or b that the commission has persistently made default in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the commission or the administration of the commission has suffered or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the commission for such period, not exceeding six months, as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the commission to make representations against the proposed supersession and shall consider representations, if any, of the commission. 2 upon the publication of a notification under subsection 1 superseding the commission, a the chairperson and other members shall as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the commission shall, until the commission is reconstituted under subsection 3, be exercised and discharged by the central government or such authority as the central government may specify in this behalf c all properties owned or controlled by the commission shall, until the commission is reconstituted under subsection 3, vest in the central government. 3 on or before the expiration of the period of supersession specified in the notification issued under subsection 1, the central government shall reconstitute the commission by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause a of subsection 2 shall not be deemed to be disqualified for reappointment. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 59a. of the competition act : 159a. compounding of certain offences.notwithstanding anything contained in the code of criminal procedure, 2 of , any offence punishable under this act, not being an offence punishable with imprisonment only or imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by the appellate tribunal or a court before which such proceeding is pending. 1. ins. by act 9 of , s. 42 w.e.f. .

section 55. of the competition act : 1 without prejudice to the foregoing provisions of this act, the commission shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time: provided that the commission shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 62. of the competition act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force

section 57.restriction on disclosure of information of the competition act : no information relating to any enterprise, being an information which has been obtained by or on behalf of 1the commission or the appellate tribunal for the purposes of this act, shall, without the previous permission in writing of the enterprise, be disclosed otherwise than in compliance with or for the purposes of this act or any other law for the time being in force. 1. subs. by act 39 of , s. 44, for the commission w.e.f.

section 58., to be public servants of the competition act : 158. chairperson, members, director general, secretary, officers and other employees, etc., to be public servants.the chairperson and other members and the director general, additional, joint, deputy or assistant directors general and secretary and officers and other employees of the commission and the chairperson, members, officers and other employees of the appellate tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by s. 45, ibid., for section 58 w.e.f. .

section 64. of the competition act : show related subordinates 1 the commission may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely: a the cost of production to be determined under clause b of the explanation to section 4 b the form of notice as may be specified and the fee which may be determined under subsection 2 of section 6 1c the manner of determination of substantial business operations in india under clause d of section 5 ca the form and fee for notice for combination under subsection 4 of section 6 cb the time and manner for filing notice of acquisition under clause a of section 6a cc the manner and circumstance in which the acquirer may exercise the ownership or beneficial right or interest in shares or convertible securities including voting right and receipt of dividends or any other distributions as an exception under clause b of section 6a 2d the procedures to be followed for engaging the experts and professionals under subsection 3 of section 17 e the fee which may be determined under clause a of subsection 1 of section 19 f the rules of procedure in regard to the transaction of business at the meetings of the commission under subsection 1 of section 22 1fa other details to be indicated in the showcause notice under subsection 9 of section 26 fb the manner of determining turnover or income under theexplanation i to clause b of section 27 fc the manner in which modification may be proposed by parties to the combination to the commission under subsection 2 of section 29a g the manner in which penalty shall be recovered under subsection 1 of section 39 1ga the lesser penalty to be imposed on producer, seller, distributor, trader or service provider under subsection 1 of section 46 gb the manner and time for withdrawal of application for lesser penalty under subsection 2 of section 46 gc the lesser penalty to be imposed on producer, seller, distributor, trader or service provider under subsection 4 of section 46 gd the manner of determining income under clause c of explanation to section 48 ge the form of application and fee under subsection 1, the time under subsection 2, the terms and manner of implementations and monitoring under subsection 3 and the procedure for conducting settlement proceedings under subsection 6 of section 48a gf the form of application and fee under subsection 1, the time under subsection 2, the terms and manner of implementations and monitoring under subsection 3 and the procedure for commitments offered under subsection 6 of section 48b gg the other details to be published along with draft regulations and the period for inviting public comments under clause a of section 64a h any other matter in respect of which provision is to be, or may be, made by regulations. 3 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by act 9 of , s. 44, for clause c w.e.f. . 2. subs. by act 39 of , s. 49, for clauses d and e w.e.f. .

section 59. of the competition act : no suit, prosecution or other legal proceedings shall lie against the central government or commission or any officer of the central government or the chairperson or any member or the director general, additional, joint, deputy or assistant directors general or 1the secretary or officers or other employees of the commission or the chairperson, members, officers and other employees of the appellate tribunal for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. 1. subs. by act 39 of , s. 46, for registrar or officers or other employees of the commission w.e.f. .

section 61. of the competition act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the1commission or the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. subs. by s. 47, ibid., for commission w.e.f. .

section 60.act to have overriding effect of the competition act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

section 63.power to make rules of the competition act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the value of the assets or turnover of the enterprise acquired, taken control of, merged or amalgamated in india under clause e of section 5 ab the percentage of voting rights higher than twentysix per cent. under subclause i of clause b of the explanation to section 5 ac the criteria of combinations under subsection 4 of section 6 ad the criteria under subsection 7 of section 6 2 3ae the term of the selection committee and the manner of selection of panel of names under subsection 2 of section 9 b the form and manner in which and the authorit y before whom the oath of office and of secrecy shall be made and subscribed to under subsection 3 of section 10 4 d the salary and the other terms and conditions of service including travelling expenses, house rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided to the chairperson and other members under subsection 1 of section 14 5da the number of additional, joint, deputy or assistant directors general or such officers or other employees in the office of director general and the manner in which such additional, joint, deputy or assistant directors general or such officers or other employees may be appointed under sub section 1a of section 16 e the salary, allowances and other terms and conditions of service of the director general, additional, joint, deputy or assistant directors general or 6such officers or other employees under subsection 3 of section16 f the qualifications for appointment of the director general, additional, joint, deputy or assistant directors general or 10such officers or other employees under subsection 4 of section 16 g the salaries and allowances and other terms and conditions of service of the 7secretary and officers and other employees payable, and the number of such officers and employees under subsection 2 of section17 8 k the form in which the annual statement of accounts shall be prepared under subsection 1 of section 52 l the time within which and the form and manner in which the commission may furnish returns, statements and such particulars as the central government may require under subsection 1 of section 53 m the form in which and the time within which the annual report shall be prepared under subsection 2 of section 53 9ma the form in which an appeal may be filed before the appellate tribunal under subsection 2 of section 53b and the fees payable in respect of such appeal 10 me the fee which shall be accompanied with every application made under subsection 2 of section 53n mf the other matters under clause i of subsection 2 of section 53o in respect of which the appellate tribunal shall have powers under the code of civil procedure, 5 of while trying a suit 11mg the form of the publication of guidelines under subsection 5 of section 64b 12n the manner in which the monies transferred to the competition commission of india or the appellate tribunal shall be dealt with by the commission or the appellate tribunal, as the case may be, under the fourth proviso to subsection 2 of section 66 o any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. 3 every notification issued under subsection 3 of section 20 and section 54 and every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or rule, or both houses agree that the notification should not be issued or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule, as the case may be. 1. ins. by act 9 of , s. 43 w.e.f. . 2. subs. by act 39 of , s. 48, for clause a w.e.f. . 3. clause a relettered as clause ae thereof by act 9 of , s. 43 w.e.f. . 4 cl. c omitted by act 39 of , s. 48 w.e.f. . 5. ins. by act 39 of , s. 48 w.e.f. . 6. subs. by s. 48, ibid., for such other advisers, consultants or officers w.e.f. . 7. subs. by s. 48, ibid., for registrar w.e.f. . 8. cls. h, i and j omitted by s. 48, ibid. w.e.f. . 9. ins. by s. 48 w.e.f. . 10. clauses mb, mc and md omitted by act 7 of , s. 171 w.e.f. . 11. ins. by act 9 of , s. 43 w.e.f. . 12. subs. by act 39 of , s. 48, for clause n w.e.f. .

section 64a. of the competition act : 164a. process of issuing regulations.the commission shall ensure transparency while making regulations under section 64, by a publishing draft regulations along with such other details as may be specified on its website and inviting public comments for a specified period prior to issuing regulations b publishing a general statement of its response to the public comments, not later than the date of notification of the regulations c periodically reviewing such regulations: provided that if the commission is of the opinion that certain regulations are required to be made or existing regulations are required to be amended urgently in public interest or the subject matter of the regulation relates solely to the internal functioning of the commission, it may make regulations or amend the existing regulations, as the case may be, without following the provisions stated in this section recording the reason, for doing so. 1. ins. by act 9 of , s. 45 w.e.f. .

section 66.repeal and saving of the competition act : show related subordinates 11 the monopolies and restrictive trade practices act, 54 of is hereby repealed and the monopolies and restrictive trade practices commission established under subsection 1 of section 5 of the said act hereafter referred to as the repealed act shall stand dissolved. 2 1a the repeal of the monopolies and restrictive trade practices act, 54 of shall, however, not affect, a the previous operation of the act so repealed or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed or c any penalty, confiscation or punishment incurred in respect of any contravention under the act so repealed or d any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that act had not been repealed. 2 on the dissolution of the monopolies and restrictive trade practices commission, the person appointed as the chairman of the monopolies and restrictive trade practices commission and every other person appointed as member and director general of investigation and registration, additional, joint, deputy, or assistant directors general of investigation and registration and any officer and other employee of that commission and holding office as such immediately before such dissolution shall vacate their respective offices and such chairman and other members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of term of their office or of any contract of service: provided that the director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee who has been, immediately before the dissolution of the monopolies and restrictive trade practices commission appointed on deputation basis to the monopolies and restrictive trade practices commission, shall, on such dissolution, stand reverted to his parent cadre, ministry or department, as the case may be: 3provided further that the director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee who has been, immediately before the dissolution of the monopolies and restrictive trade practices commission employed on regular basis by the monopolies and restrictive trade practices commission, shall become, on and from such dissolution, the officer and employee, respectively, of the competition commission of india or the appellate tribunal, in such manner as may be specified by the central government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such monopolies and restrictive trade practices commission had not been transferred to, and vested in, the competition commission of india or the appellate tribunal, as the case may be, and shall continue to do so unless and until his employment in the competition commission of india or the appellate tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the competition commission of india or the appellate tribunal, as the case may be: provided also that notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee, employed in the monopolies and restrictive trade practices commission, to 4the competition commission of india or the appellate tribunal, as the case may be, shall not entitle such director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority: provided also that where the monopolies and restrictive trade practices commission has established a provident fund, superannuation, welfare or other fund for the benefit of the director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or the officers and other employees employed in the monopolies and restrictive trade practices commission, the monies relatable to the officers and other employees whose services have been transferred by or under this act to 5the competition commission of india or the appellate tribunal, as the case may be, shall, out of the monies standing, on the dissolution of the monopolies and restrictive trade practices commission to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, 6the competition commission of india or the appellate tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the said commission or the tribunal, as the case may be, in such manner as may be prescribed. 73 all cases pertaining to monopolistic trade practices or restrictive trade practices pending including such cases, in which any unfair trade practice has also been alleged, before the monopolies and restrictive trade practices commission shall, 8on the commencement of the competition amendment act, 39 of stand transferred to the appellate tribunal and shall be adjudicated by the appellate tribunal in accordance with the provisions of the repealed act as if that act had not been repealed. 9explanation.for the removal of doubts, it is hereby declared that all cases referred to in this subsection, subsection 4 and subsection 5 shall be deemed to include all applications made for the losses or damages under section 12b of the monopolies and restrictive trade practices act, 54 of as it stood before its repeal. 4 subject to the provisions of subsection 3, all cases pertaining to unfair trade practices other than those referred to in clause x of subsection 1 of section 36a of the monopolies and restrictive trade practices act, 54 of and pending before the monopolies and restrictive trade practices commission 10immediately before the commencement of the competition amendment act, 39 of , shall, on such commencement, stand transferred to the national commission constituted under the consumer protection act, 68 of and the national commission shall dispose of such cases as if they were cases filed under that act: provided that the national commission may, if it considers appropriate, transfer any case transferred to it under this subsection, to the concerned state commission established under section 9 of the consumer protection act, 68 of and that state commission shall dispose of such case as if it was filed under that act: 11provided further that all the cases relating to the unfair trade practices pending, before the national commission under this subsection, on or before the date on which the competition amendment bill, receives the assent of the president, shall, on and from that date, stand transferred to the appellate tribunal and be adjudicated by the appellate tribunal in accordance with the provisions of the repealed act as if that act had not been repealed. 125 all cases pertaining to unfair trade practices referred to in clause x of subsection 1 of section 36a of the monopolies and restrictive trade practices act, 54 of and pending before the monopolies and restrictive trade practices commission shall, 13on the commencement of the competition amendment act, 39 of , stand transferred to the appellate tribunal and the appellate tribunal shall dispose of such cases as if they were cases filed under that act. 6 all investigations or proceedings, other than those relating to unfair trade practices, pending before the director general of investigation and registration on or before the commencement of this act shall, on such commencement, stand transferred to the competition commission of india, and the competition commission of india may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit. 7 all investigations or proceedings, relating to unfair trade practices, other than those referred to in clause x of subsection 1 of section 36a of the monopolies and restrictive trade practices act, 54 of and pending before the director general of investigation and registration on or before the commencement of this act shall, on such commencement, stand transferred to the national commission constituted under the consumer protection act, 68 of and the national commission may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit: 14provided that all investigations or proceedings, relating to unfair trade practices pending before the national commission, on or before the date on which the competition amendment bill, receives the assent of the president shall, on and from that date, stand transferred to the appellate tribunal and the appellate tribunal may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit. 8 all investigations or proceedings relating to unfair trade practices referred to in clause x of subsection 1 of section 36a of the monopolies and restrictive trade practices act, 54 of , and pending before the director general of investigation and registration on or before the commencement of this act shall, on such commencement, stand transferred to the competition commission of india and the competition commission of india may conduct or order for conduct of such investigation in the manner as it deems fit. 9 save as otherwise provided under subsections 3 to 8, all cases or proceedings pending before the monopolies and restrictive trade practices commission shall abate. 10 the mention of the particular matters referred to in subsections 3 to 8 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of with regard to the effect of repeal. 1. subs. by act 39 of , s. 50, for subsection 1 w.e.f. . 2. the proviso and the explanation omitted by act 39 of , s. 2 w.e.f. . 3. subs. by act 39 of , s. 50, for the second proviso w.e.f. . 4. subs. by act 39 of , s. 50, for the central government w.e.f. . 5. subs. by s. 50, ibid., for the central government shall, out of the monies standing w.e.f. . 6. subs. by s. 50, ibid., for certain words w.e.f. . 7.subs. by s. 50, ibid., for subsection 3 w.e.f. .. 8. subs. by act 39 of , s. 2, for after the expiry of two years referred to in the proviso to subsection 1 w.e.f. . 9. ins. by s. 2, ibid. w.e.f. . 10. subs. by s. 2, ibid., for on or before the expiry of two years referred to in the proviso to subsection 1 w.e.f. . 11.the proviso inserted by act 39 of , s. 2 w.e.f.. 12. subs. by s. 50, ibid., for subsection 5 w.e.f. . 13. subs. by act 39 of , s. 2, for certain words date to be notified. 14.the proviso ins. by s. 2, ibid., w.e.f. .

section 65. of the competition act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as may appear to it to be necessary for removing the difficulty: provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 5a. of the apprentices act : 1 5a. regulation of optional trade.the qualification, period of apprenticeship training, holding of test, grant of certificate and other conditions relating to the apprentices in optional trade shall be such as may be prescribed. 1. ins. by s. 5, ibid. w.e.f. .

section 2. of the apprentices act : show related subordinates in this act, unless the context otherwise requires, 1a all india council means the all india council of technical education established by the resolution of the government of india in the former ministry of education no. f. /44e.iii, dated the 30th november, 2aa apprentice means a person who is undergoing apprenticeship training 3 in pursuance of a contract of apprenticeship 1aaa apprenticeship training means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices b apprenticeship adviser means the central apprenticeship adviser appointed under subsection 1 of section 26 or the state apprenticeship adviser appointed under subsection 2 of that section c apprenticeship council means the central apprenticeship council or the state apprenticeship council established under subsection 1 of section 24 d appropriate government means, 1 in relation to a the central apprenticeship council, or 4aa the regional boards, or aaa the practical training of graduate or technician apprentices or technician vocational apprentices, or b any establishment of any railway, major port, mine or oil field, or 5bb any establishment which is operating business or trade from different locations situated in four or more states, or c any establishment owned, controlled or managed by i the central government or a department of the central government, ii a company in which not less than fiftyone per cent. of the share capital is held by the central government or partly by that government and partly by one or more state governments, iii a corporation including a cooperative society established by or under a central act which is owned, controlled or managed by the central government, the central government 2 in relation to a a state apprenticeship council, or b any establishment other than an establishment specified in subclause 1 of this clause, the state government 6dd board or state council of technical education means the board or state council of technical education established by the state government 7e designated trade means any trade or occupation or any subject field in engineering or nonengineering or technology or any vocational course which the central government, after consultation with the central apprenticeship council, may, by notification in the official gazette, specify as a designated trade for the purposes of this act f employer means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment g establishment includes any place where any industry is carried on 8and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment h establishment in private sector means an establishment which is not an establishment in public sector i establishment in public sector means an establishment owned, controlled or managed by 1 the government or a department of the government 2 a government company as defined in section 617 of the companies act, 1 of 3 a corporation including a cooperative society established by or under a central, provincial or state act, which is owned, controlled or managed by the government 4 a local authority 9j graduate or technician apprentice means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or nonengineering or technology or equivalent qualification granted by any institution recognised by the government and undergoes apprenticeship training in any designated trade k industry means any industry or business in which any trade, occupation or subject field in engineering or nonengineering or technology or any vocational course may be specified as a designated trade or optional trade or both l national council means the national council for training in vocational trades established by the resolution of the government of india in the ministry of labour directorate general of resettlement and employment no. tr/e.p.24/56, dated the 21st august, 10and renamed as the national council for vocational training by the resolution of the government of india in the ministry of labour directorategeneral of employment and training no. dget/12/21/80tc, dated the 30th september, 11ll optional trade means any trade or occupation or any subject field in engineering or nonengineering or technology or any vocational course as may be determined by the employer for the purposes of this act lll portalsite means a website of the central government for exchange of information under this act m prescribed means prescribed by rules made under this act 12mm regional board means any board of apprenticeship training registered under the societies registration act, 21 of at bombay, calcutta, madras or kanpur n state includes a union territory o state council means a state council for training in vocational trades established by the state government p state government in relation to a union territory means the administrator thereof 10pp technician vocational apprentice means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the allindia council and undergoes apprenticeship training in any 13designated trade 14q trade apprentice means an apprentice who undergoes apprenticeship training in any designated trade r worker means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause aa. 1. ins. by s. 4, ibid. w.e.f. . 2. clause a relettered as clause aa thereof by s. 4, ibid. w.e.f. . 3. the words in a designated trade omitted by s. 4, ibid. w.e.f. . 4. subs. by act 41 of , s. 2, for item aa w.e.f. . 5. ins. by act 29 of , s. 2 w.e.f. . 6. ins. by act 27 of , s. 4 w.e.f. . 7. subs. by act 29 of , s. 2, for clause e w.e.f. . 8. added by act 4 of , s. 2 w.e.f. . 9. subs. by act 29 of , s. 2, for clauses j and k w.e.f. . 10. ins. by act 41 of , s. 2 w.e.f. . 11. ins. by act 29 of , s. 2 w.e.f. . 12. ins. by act 27 of , s. 4 w.e.f. . 13. subs. by act 29 of , s. 2, for such subject field in any vocational course as may be prescribed w.e.f. . 14. subs. by s. 2, ibid., for clauses q and r w.e.f. ./

section 3. of the apprentices act : show related subordinates a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he 1a is not less than fourteen years of age, and for designated trades related to hazardous industries, not less than eighteen years of age and b satisfies such standards of education and physical fitness as may be prescribed: provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 2and for different categories of apprentices. 1. subs. by act 29 of , s. 3, for clause a w.e.f. . 2. added by act 27 of , s. 5 w.e.f. .

section 3a. of the apprentices act : show related subordinates 13a. reservation of training places for the scheduled castes and the scheduled tribes in designated trades.1 in every designated trade, training places shall be reserved by the employer for the scheduled castes and the scheduled tribes 2and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment. 2 the number of training places to be reserved for the scheduled castes and the scheduled tribes under subsection 1 shall be such as may be prescribed, having regard to the population of the scheduled castes and the scheduled tribes in the state concerned. explanation.in this section, the expressions scheduled castes and scheduled tribes shall have the meanings as in clauses 24 and 25 of article 366 of the constitution. 1. ins. by s. 6, ibid. w.e.f. . 2. ins. by act 41 of , s. 4 w.e.f. .

section 5. of the apprentices act : show related subordinates where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the apprenticeship adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as an apprentice under the other employer for the unexpired portion of the period of apprenticeship training, the agreement, on registration with the apprenticeship adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and the other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under that contract shall be enforceable at the instance of any party to the contract against the other party thereto.

section 5b. of the apprentices act : 15b. engagement of apprentices from other states.the employer may engage apprentices from other states for the purpose of providing apprenticeship training to the apprentices. 1. ins. by s. 5, ibid. w.e.f. .

section 3b. of the apprentices act : show related subordinates 13b. reservation of training places for other backward classes in designated trades.1 in every designated trade, training places shall be reserved by the employer for the other backward classes and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment. 2 the number of training places to be reserved for the other backward classes under subsection 1 shall be such as may be prescribed, having regard to the population of the other backward classes in the state concerned. 1. ins. by act 36 of , s. 2 w.e.f. .

section 6. of the apprentices act : show related subordinates the period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows: a in the case of 1trade apprentices who, having undergone institutional training in a school or other institution recognised by the national council, have passed the trade tests 2or examinations conducted by 3that council or by an institution recognised by that council, the period of apprenticeship training shall be such as may be 4prescribed 5aa in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a board or state council of technical education or any other authority or courses approved under any scheme which the central government may, by notification in the official gazette specify in this behalf, have passed the trade tests or examinations conducted by that board or state council or authority or by any other agency authorised by the central government, the period of apprenticeship training shall be such as may be prescribed b in the case of other 1trade apprentices, the period of apprenticeship training shall be such as may be prescribed 6c in the case of graduate or technician apprentices 7technician vocational apprentices, the period of apprenticeship training shall be such as may be prescribed. state amendment maharashtra in section 6 of the apprentices act, 52 of , in its application to the state of maharashtra hereinafter referred to as the principal act, for the existing clause b, the following clause shall be substituted, namely: b in the case of other apprentices, the period of apprenticeship training shall be such as may be specified by the state apprenticeship council. vide maharashtra act 17 of , s. 2. rajasthan amendment of section 6, central act no. 52 of .in the apprentices act, central act no. 52 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, for the existing clause b of section 6, the following shall be substituted, namely: b in the case of other apprentices, the period of apprenticeship training shall be such as may be prescribed by state apprenticeship council. vide rajasthan act 2 of , s. 2. 1. subs. by act 27 of , s. 8, for apprentices w.e.f. . 2. ins. by act 41 of , s. 5 w.e.f. . 3. subs. by act 27 of , s. 8, for that council w.e.f. . 4. subs. by act 29 of , s. 6, for determined by that council w.e.f. . 5. subs. by s. 6, ibid., for clause aa w.e.f. . 6. ins. by act 27 of , s. 8 w.e.f. . 7. ins. by act 41 of , s. 3 w.e.f. .

section 9. of the apprentices act : 1 1 every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him. 2 2 the central apprenticeship adviser or any other person not below the rank of an assistant apprenticeship adviser authorised by the central apprenticeship adviser in writing in this behalf shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: provided that 3 the state apprenticeship adviser or any other person not below the rank of an assistant apprenticeship adviser authorised by the state apprenticeship adviser in writing in this behalf shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate government is the state government. 4 3 such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the national council or any other institution affiliated to or recognised by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to the trade apprentices in any institute having adequate facilities. 4 where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to 5 the trade apprentices either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate government may grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building. 6 7 7 in the case of an apprentice other than a graduate or technician apprentice technician vocational apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council. 7a in the case of graduate or technician apprentices or technician vocational apprentices, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the central government in consultation with the central apprenticeship council. 8a recurring costs including the cost of stipends incurred by an employer in connection with 8 9 basic training imparted to trade apprentices other than those referred to in clauses a and aa of section 6 shall be borne i if such employer employs 10 two hundred and fifty workers or more, by the employer ii if such employer employs less than 10 two hundred and fifty workers, by the employer and the government in equal shares up to such limit as may be laid down by the central government and beyond that limit, by the employer alone and b recurring costs including the cost of stipends, if any, incurred by an employer in connection with 11 practical training including basic training, imparted to trade apprentices referred to in clauses a and aa of section 6 shall, in every case, be borne by the employer 12 c recurring costs excluding the cost of stipends incurred by an employer in connection with the practical training imparted to graduate or technician apprentices 13 technician vocational apprentices shall be borne by the employer and the cost of stipends shall be borne by the central government and the employer in equal shares up to such limit as may be laid down by the central government and beyond that limit by the employer alone 14except apprentices who holds degree or diploma in nonengineering. state amendment rajasthan amendment of section 9, central act no. 52 of . in section 9 of the principal act, i for the existing subsection 1, the following shall be substituted, namely: 1 every employer shall, make suitable arrangements in his establishment or, outsource the same to a suitable third party training provider for imparting a course of practical training to every apprentice engaged by it in accordance with the programme approved by the state apprenticeship adviser. and ii for the existing subclauses i and ii of clause a of subsection 8, the following shall be substituted, namely: i if such employer employs two hundred and fifty workers or more, by the employer and the government in equal shares up to such a limit as may be laid down by the state government and such amount shall be reimbursed by the state government in each case of completion of successful training by the apprentice ii if such employer employs less than two hundred and fifty workers, by the state government alone and such amount up to such a limit as may be laid down by the state government shall be reimbursed by the state government, and beyond that limit by the employer in each case of completion of successful training by the apprentice and. vide rajasthan act 2 of , s. 5 1. subs. by s. 8, ibid., for subsection 1 w.e.f. . 2. subs. by act 27 of , s. 10, for the central apprenticeship adviser w.e.f. . 3. subs. by s. 10, ibid., for the state apprenticeship adviser w.e.f. . 4. subs. by act 29 of , s. 8, for subsection 3 w.e.f. . 5. subs. by act 27 of , s. 10, for the apprentices w.e.f. . 6. subsections 4a, 4b, 5 and 6 omitted by act 29 of , s. 8 w.e.f. . 7. subs. by s. 8, ibid., for subsections 7 and 7a w.e.f. . 8. subs. by act 27 of , s. 10, for practical training imparted to apprentices other than those referred to in clause a w.e.f. . 9. subs. by act 4 of , s. 5, for practical training, including basic training w.e.f. . 10. subs. by s. 5, ibid., for five hundred w.e.f. . 11. subs. by act 27 of , s. 10, for practical training imparted to apprentices referred to in clause a w.e.f. . 12. ins. by s. 10, ibid. w.e.f. . 13. ins. by act 41 of , s. 3 w.e.f. . 14. ins. by act 29 of , s. 8 w.e.f. .

section 1. of the apprentices act : 1 this act may be called the apprentices act, . 2 it extends to the whole of india 1 . 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states. 4 the provisions of this act shall not apply to a any area or to any industry in any area unless the central government by notification in the official gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification 3 4 c any such special apprenticeship scheme for imparting training to apprentices as may be notified by the central government in the official gazette. 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule w.e.f. . 2. 1st march, , vide notification no. g.s.r. 246, dated 12th february, , see gazette of india, extraordinary, part ii, sec. 3i. 3. clause b omitted by act 27 of , s. 3 w.e.f. . 4. subs. by s. 3, ibid., for clause c w.e.f. .

section 10. of the apprentices act : 1 1a trade apprentice who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction which shall be appropriate to the trade approved by the central government in consultation with the central apprenticeship council, with a view to giving 2the trade apprentice such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman. 32 related instruction shall be imparted at the cost of employer and the employer shall, when so required, afford all facilities for imparting such instruction. 3 any time spent by 4 a trade apprentice in attending classes on related instruction shall be treated as part of his paid period of work. 5 4 in the case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the national council or have passed the trade tests and examinations conducted by a board or state council of technical education or any other authority which the central government may, by notification in the official gazette, specify in this behalf, the related instruction may be given on such reduced or modified scale as may be prescribed. 5 where any person has, during his course in a technical institution, become a graduate or technician apprentice 6 technician vocational apprentice and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the central apprenticeship adviser or by any other person not below the rank of an assistant apprenticeship adviser authorised by the central apprenticeship adviser in writing in this behalf. 1. subs. by act 27 of , s. 11, for an apprentice w.e.f. . 2. subs. by s. 11, ibid., for the apprentice w.e.f. . 3. subs. by act 36 of , s. 4 w.e.f. . 4. subs. by act 27 of , s. 11, for an apprentice w.e.f. . 5. subs. by s. 11, ibid., for subsection 4 w.e.f. . 6. ins. by act 41 of , s. 3 w.e.f. .

section 4. of the apprentices act : 14. contract of apprenticeship.1 no person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer. 2 the apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under subsection 1. 3 every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: provided that no such term or condition shall be inconsistent with any provision of this act or any rule made thereunder. 2 4 every contract of apprenticeship entered into under subsection 1 shall be sent by the employer employer within thirty days to the apprenticeship adviser until a portalsite is developed by the central government, and thereafter the details of contract of apprenticeship shall be entered on the portalsite within seven days, for verification and registration. 4a in the case of objection in the contract of apprenticeship, the apprenticeship adviser shall convey the objection to the employer within fifteen days from the date of its receipt. 4b the apprenticeship adviser shall register the contract of apprenticeship within thirty days from the date of its receipt. 3 6 where the central government, after consulting the central apprenticeship council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly. 1. subs. by act 27 of , s. 7, for section 4 w.e.f. . 2. subs. by act 29 of , s. 4, for subsection 4 w.e.f. . 3. subsection 5 omitted by 29 of , s. 4 w.e.f. .

section 12. of the apprentices act : 2 1 3 every trade apprentice undergoing apprenticeship training training shall have the following obligations, namely: a to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training b to attend practical and instructional classes regularly c to carry out all lawful orders of his employer and superiors in the establishment and d to carry out his obligations under the contract of apprenticeship. 4 2 every graduate or technician apprentice 1 technician vocational apprentice undergoing apprenticeship training shall have the following obligations, namely: a to learn his subject field in engineering or technology 1 or vocational course conscientiously and diligently at his place of training b to attend the practical and instructional classes regularly c to carry out all lawful orders of his employer and superiors in the establishment d to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribed. 1. ins. by act 41 of , s. 3 w.e.f. . 2. section 12 renumbered as subsection 1 thereof by act 27 of , s. 13 w.e.f. . 3. subs. by s. 13, ibid., for every apprentice w.e.f. . 4. ins. by s. 13, ibid. w.e.f. .

section 7. of the apprentices act : show related subordinates 1 the contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. 2 either party to a contract of apprenticeship may make an application to the apprenticeship adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract. 3 after considering the contents of the application and the objections, if any, filed by the other party, the apprenticeship adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same: provided that where a contract is terminated a for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed b for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the apprenticeship adviser. 14 notwithstanding anything contained in any other provision of this act, where a contract of apprenticeship has been terminated by the apprenticeship adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the apprenticeship adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer. state amendment maharashtra. in section 7 of the principal act, in subsection 3, for the existing proviso, the following proviso shall be substituted, namely: provided that, where a contract is terminated a for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice one months stipend for which he is entitled as a compensation b for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training one months stipend for which he is entitled.. vide maharashtra act 17 of , s. 3. rajasthan amendment of section 7, central act no. 52 of .for the existing proviso to subsection 3 of section 7 of the principal act, the following shall be substituted, namely: provided that where a contract is terminated a for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be determined by the state apprenticeship adviser b for such failure on the part of the apprentice, the apprentice shall refund to the employer as cost of training, such amount as may be determined by the state apprenticeship adviser. vide rajasthan act 2 of , s. 3 1. ins. by act 4 of , s. 3 w.e.f.

section 16. of the apprentices act : if personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the workmens compensation act, 8 of , subject to the modifications specified in the schedule.

section 8. of the apprentices act : show related subordinates 18. number of apprentices for a designated trade.1 the central government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional trade. 2 several employers may join together either themselves or through an agency, approved by the apprenticeship adviser, according to the guidelines issued from time to time by the central government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them. state amendment maharashtra. in section 8 of the principal act, after the existing subsection 1, the following subsection shall be inserted, namely: 1a notwithstanding anything contained in subsection 1, the establishment shall have to engage trade apprentices to the extent of minimum 2.5 per cent. and maximum 25 per cent. of the total strength of the employees of establishment including contractual or daily wages or whose services have been available through third party in any designated trades or optional trades for which activities are carried out in that establishment.. vide maharashtra act 17 of , s. 4. rajasthan amendment of section 8, central act no. 52 of .for the existing section 8 of the principal act, the following shall be substituted, namely: 8. number of apprentices for a designated trade. 1 the state government shall, after consulting the state apprenticeship council, by order notified in the official gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade: provided that nothing contained in this subsection shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this subsection. 2 in determining the ratio under subsection 1, the state government shall have regard to the facilities available for apprenticeship training under this act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices or technician vocational apprentices, if any, in pursuance of a notice issued to him under subsection3a by the state apprenticeship adviser or such other person referred to in that subsection. 3 the state apprenticeship adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the state government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: provided that in making any requisition under this subsection, the state apprenticeship adviser shall have regard to the facilities actually available in the establishment concerned: provided further that the state apprenticeship adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than thirty percent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall. 3a the state apprenticeship adviser or any other person not below the rank of an assistant apprenticeship adviser authorised by the state apprenticeship adviser in writing in this behalf shall, having regard to i the number of managerial person including technical and supervisory persons employed in a designated trade ii the number of management trainees engaged in the establishment iii the totality of the training facilities available in a designated trade and iv such other factors as he may consider fit in the circumstances of the case by notice in writing, require an employer to impart training to such number of graduate or technician apprentices or technician vocational apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. explanation.in this subsection the expression management trainee means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer not being apprenticeship training under this act subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis. 4 several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments. 5 where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the state government or in excess of the number specified in a notice issued under subsection 3a should in the opinion of the state government be trained, the state apprenticeship adviser may require employers to train the additional number of apprentices. 6 every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the state government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the state apprenticeship adviser for the training of the additional number of apprentices. 7 any employer not satisfied with the decision of the state apprenticeship adviser under subsection 6, may make a reference to the state apprenticeship council and such reference shall be decided by a committee thereof appointed by the state apprenticeship council for the purpose and the decision of that committee shall be final.. vide rajasthan act 2 of , s. 4 1. subs. by act 29 of , s. 7, for section 8 w.e.f. .

section 17. of the apprentices act : in all matters of conduct and discipline, the apprentice shall be governed by the rules and regulations 1applicable to employees of the corresponding category in the establishment in which the apprentice is undergoing training. 1. subs. by act 27 of , s. 15, for applicable to workers in the trade w.e.f. .

section 18. of the apprentices act : save as otherwise provided in this act, a every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker and b the provisions of any law with respect to labour shall not apply to or in relation to such apprentice

section 11. of the apprentices act : without prejudice to the other provisions of this act, every employer shall have the following obligations in relation to an apprentice, namely: a to provide the apprentice with the training in his trade in accordance with the provisions of this act, and the rules made thereunder b if the employer is not himself qualified in the trade, to ensure that a person 1 who possesses the prescribed qualifications is placed in charge of the training of the apprentice2 3 bb to provide adequate instructional staff, possessing such qualifications as may be prescribed, prescribed, for imparting practical and theoretical training and facilities for trade test of apprentices and c to carry out his obligations under the contract of apprenticeship 1. subs. by act 27 of , s. 12, for duly qualified w.e.f. . 2. the word and omitted by act 4 of , s. 6 w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 13. of the apprentices act : show related subordinates 1 the employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 1prescribed minimum rate, or the rate which was being paid by the employer on 1st january, to the category of apprentices under which such apprentice falls, whichever is higher, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed. 22 an apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme. state amendment maharashtra. in section 13 of the principal act, after the existing subsection 1, the following subsections shall be inserted, namely: 1a the minimum rate of stipend per month payable to trade apprentices who do training for eight hours per day shall be as follows, namely: a during the first year of training . . seventy per cent. of minimum wages of semiskilled workers notified by the state. b during the second year of training . .eighty per cent. of minimum wages of semiskilled workers notified by the state. c during the third year of training . .ninety per cent. of minimum wages of semiskilled workers notified by the state. 1b the trade apprentices who do training for minimum four hours per day, the rate of stipend per month shall be fifty per cent. of the rates mentioned in clauses a, b and c of subsection 1a, respectively: provided that, in the case where the minimum rate of wage for a trade is not notified by the state, then the maximum of minimum wages of the scheduled employment notified by the state for semiskilled workers shall be taken into account for paying the stipend in respect of that trade: provided further that, in the case of trade apprentices referred to in clause a of section 6 of the act, the period of training already undergone by them in a school or other institution recognized by the state council, shall be taken into account for the purpose of determining the rate of stipend payable.. vide maharashtra act 17 of , s. 5. rajasthan amendment of section 13, central act no. 52 of . for the existing section 13 of the principal act, the following shall be substituted, namely: 13. payment to apprentices. the employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the minimum wages notified by state government under the minimum wages act, central act no. 11 of for unskilled worker category, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.. vide rajasthan act 2 of , s. 6 1. subs. by act 27 of , s. 14, for prescribed minimum rate w.e.f. . 2. subs. by s. 14, ibid., for subsection 2 w.e.f. .

section 20. of the apprentices act : 1 any disagreement or dispute between an employer and an apprentice arising out of the contract of apprenticeship shall be referred to the apprenticeship adviser for decision. 2 any person aggrieved by the decision of the apprenticeship adviser under subsection 1 may, within thirty days from the date of communication to him of such decision, prefer an appeal against the decision to the apprenticeship council and such appeal shall be heard and determined by a committee of that council appointed for the purpose. 3 the decision of the committee under subsection 2 and subject only to such decision, the decision of the apprenticeship adviser under subsection 1 shall be final.

section 14. of the apprentices act : where any apprentices are undergoing training in a factory, the provisions of chapters iii, iv and v of the factories act, 63 of , shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that act and when any apprentices are undergoing training in a mine, the provisions of chapter v of the mines act, 35 of , shall apply in relation to the health and safety of the apprentices as if they were persons employed in the mine. state amendment rajasthan amendment of section 14, central act no. 52 of . for the existing section 14 of the principal act, the following shall be substituted, namely: 14. health, safety and welfare of apprentices. where any apprentices are undergoing training in a factory, the provisions of chapters iii, iv and v of the factories act, central act no. 63 of , shall apply in relation to the health, safety and welfare of the apprentices as if they were workers within the meaning of that act and when any apprentices are undergoing training in a mine, the provisions of chapter v of the mines act, central act no. 35 of , shall apply in relation to the health, safety and welfare of the apprentices as if they were persons employed in the mine and when any apprentices are undergoing training in a shop or commercial establishment, the provisions of the rajasthan shops and commercial establishments act, act no. 31 of , shall apply in relation to the health, safety and welfare of the apprentices as if they were persons employed in the shop or establishment.. vide rajasthan act 2 of , s. 7

section 15. of the apprentices act : show related subordinates 11 the weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed. 2 no apprentice shall be required or allowed to work overtime except with the approval of the apprenticeship adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. 23 an apprentice shall be entitled to such leave and holidays as are observed in the establishment in in which he is undergoing training. 1. subs. by act 29 of , s. 9, for subsection 1 w.e.f. . 2. subs. by s. 9, ibid., for subsection 3 w.e.f. .

section 19. of the apprentices act : show related subordinates 1 every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed. 12 until a portalsite is developed by the central government, every employer shall furnish such information and return in such form as may be prescribed, to such authorities at such intervals as may be prescribed. 3 every employer shall also give tradewise requirement and engagement of apprentices in respect of apprenticeship training on portalsite developed by the central government in this regard. 1. subs. by act 29 of , s. 10, for subsection 2 w.e.f. .

section 21. of the apprentices act : 11 every trade apprentice who has completed the period of training may appear for a test to be conducted by the national council or any other agency authorised by the central government to determine his proficiency in the designated trade in which he has undergone apprenticeship training. 2 every 2trade apprentice who passes the test referred to in subsection 1 shall be granted a certificate of proficiency in the trade by the national council 3or by the other agency authorised by the central government. 43 the progress in apprenticeship training of every graduate or technician apprentice 5technician vocational apprentice shall be assessed by the employer from time to time. 64 every graduate or technician apprentice or technician vocational apprentice, who completes his his apprenticeship training to the satisfaction of the concerned regional board, shall be granted a certificate of proficiency by that board. state amendment maharashtra. in section 21 of the principal act, i after the existing subsection 1, the following subsection shall be inserted, namely: 1a for apprentices successfully completed the training period in the trade designated by the state apprenticeship council other than the trade designated and prescribed by the central government, may appear for a test to be conducted by the state council of vocational training or any other agency authorised by the state government to determine his proficiency in the trade designated by the state apprenticeship council in which he has undergone apprenticeship training. ii after the existing subsection 2, the following subsection shall be inserted, namely: 2a every apprentice, who passes the test referred to in subsection 1a shall be granted a certificate of proficiency in the trade by the state council of vocational training or by the other agency authorised by the state government.. vide maharashtra act 17 of , s. 6. 1. subs. by act 29 of , s. 11, for subsection 1 w.e.f. . 2. subs. by act 27 of , s. 16, for apprentice w.e.f. . 3. ins. by act 29 of , s. 11 w.e.f. . 4. ins. by act 27 of , s. 16 w.e.f. . 5. ins. by act 41 of , s. 3 w.e.f. . 6. subs. by s. 6, ibid., for subsection 4 w.e.f. .

section 27. of the apprentices act : 1 the government 1may appoint suitable persons as additional, joint, regional, deputy and assistant apprenticeship advisers to assist the apprenticeship adviser in the performance of his functions. 2 2every additional, joint, regional, deputy or assistant apprenticeship adviser shall, subject to the control of the apprenticeship adviser, perform such functions as may be assigned to him by the apprenticeship adviser. 1. subs. by s. 19, ibid., for may appoint suitable persons as deputy and assistant apprenticeship advisers w.e.f. . 2. subs. by s. 19, ibid., for every deputy or assistant apprenticeship advisers w.e.f. .

section 22. of the apprentices act : 11 every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment. 2 notwithstanding anything in subsection 1, where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract: provided that where such period or remuneration is not, in the opinion of the apprenticeship adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer. 1. subs. by act 29 of , s. 12, for subsection 1 w.e.f. .

section 28. of the apprentices act : every apprenticeship adviser and 1every additional, joint, regional, deputy or assistant apprenticeship adviser appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. subs. by s. 20, ibid., for every deputy or assistant apprenticeship advisers w.e.f. .

section 23. of the apprentices act : 1 in addition to the government there shall be the following authorities under this act, namely: a the national council, b the central apprenticeship council, c the state council, d the state apprenticeship council, 1e the all india council, f the regional boards, g the boards or state councils of technical education, 2h the central apprenticeship adviser, and 3i the state apprenticeship adviser. 2 every state council shall be affiliated to the national council and every state apprenticeship council shall be affiliated to the central apprenticeship council. 12a every board or state council of technical education and every regional board shall be affiliated to the central apprenticeship council. 3 each of the authorities specified in subsection 1 shall, in relation to apprenticeship training under this act, perform such functions as are assigned to it by or under this act or by the government: provided that a state council shall also perform such functions as are assigned to it by the national council and the state apprenticeship council 1and the board or state council of technical education shall also perform such functions as are assigned to it by the central apprenticeship council. state amendment rajasthan amendment of section 23, central act no. 52 of . for the existing subsection 2 of section 23 of the principal act, the following shall be substituted, namely: 2 every state council may be affiliated to the national council and every state apprenticeship council may be affiliated to the central apprenticeship council.. vide rajasthan act 2 of , s. 7 1. ins. by act 27 of , s. 17 w.e.f. . 2. item e relettered as item h thereof by s. 17, ibid. w.e.f. . 3. item f relettered as item i thereof by s. 17, ibid. w.e.f. .

section 24. of the apprentices act : 1 the central government shall, by notification in the official gazette, establish the central apprenticeship council and the state government shall, by notification in the official gazette, establish the state apprenticeship council. 2 the central apprenticeship council shall consist of 1 a chairman and a vicechairman and such such number of other members as the central government may think expedient, to be appointed by that government by notification in the official gazette from among the following categories of persons, namely: a representatives of employers in establishments in the public and private sectors, b representatives of the central government and of the state governments, 2 c persons having special knowledge and experience on matters relating to 3 industry, labour and and technical education, and 4 d representatives of the all india council and of the regional boards. 3 the number of persons to be appointed as members of the central apprenticeship council from each of the categories specified in subsection 2, the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the council shall be such as may be prescribed. 4 the state apprenticeship council shall consist of 1 a chairman and a vicechairman and such number of other members as the state government may think expedient, to be appointed by that government by notification in the official gazette from among the following categories of persons, namely: a representatives of employers in establishments in the public and private sectors, b representatives of the central government and of the state government 2 c persons having special knowledge and experience of matters relating to 3 industry, labour and technical education, and 4 d representatives of the board or of the state council of technical education. 5 the number of persons to be appointed as members of the state apprenticeship council from each of the categories specified in subsections 4, the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the council shall be such as the state government may, by notification in the official gazette, determine. 6 the fees and allowances, if any, to be paid to 5 the chairman and the vicechairman and the other members of the central apprenticeship council, shall be such as may be determined by the central government and the fees and allowances, if any, to be paid to 5 the chairman and the vicechairman and the other members of the state apprenticeship council shall be such as may be determined by the state government. 1 subs. by s. 18, ibid., for a chairman w.e.f. . 2. the word and omitted by s. 18, ibid. w.e.f. . 3. subs. by s. 18, ibid., for industry and labour w.e.f. . 4. ins. by s. 18, ibid. w.e.f. . 5. subs. by act 27 of , s. 18, for the chairman w.e.f.

section 25. of the apprentices act : no act done or proceeding taken by the national council, the central apprenticeship council, the state council or the state apprenticeship council under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, such council.

section 26. of the apprentices act : 1 the central government shall, by notification in the official gazette, appoint a suitable person as the central apprenticeship adviser. 2 the state government shall, by notification in the official gazette, appoint a suitable person as the state apprenticeship adviser. 3 the central apprenticeship adviser shall be the secretary to the central apprenticeship council and the state apprenticeship adviser shall be secretary to the state apprenticeship council.

section 29. of the apprentices act : 1 subject to any rules made in this behalf, the 1central apprenticeship adviser or such other person, not below the rank of an assistant apprenticeship adviser, as may be authorised by the central apprenticeship adviser in writing in this behalf may a with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time b examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this act c make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act and the rules made thereunder are being observed in the establishment d exercise such other powers as may be prescribed: provided that 2a state apprenticeship adviser or such other person, not below the rank of an assistant apprenticeship adviser, as may be authorised by the state apprenticeship adviser in writing in this behalf may also exercise any of the powers specified in clause a, b, c or d of this subsection in relation to establishments for which the appropriate government is the state government. 2 notwithstanding anything in subsection 1, no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him. 1. subs. by s. 21, ibid., for central apprenticeship adviser w.e.f. . 2. subs. by s. 21, ibid., for a state apprenticeship advisers w.e.f.

section 36. of the apprentices act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 30. of the apprentices act : 11 if any employer contravenes the provisions of this act relating to the number of apprentices which he is required to engage under those provisions, he shall be given a months notice in writing, by an officer duly authorised in this behalf by the appropriate government, for explaining the reasons for such contravention. 1a in case the employer fails to reply the notice within the period specified under subsection 1, or the authorised officer, after giving him an opportunity of being heard, is not satisfied with the reasons given by the employer, he shall be punishable with fine of five hundred rupees per shortfall of apprenticeship month for first three months and thereafter one thousand rupees per month till such number of seats are filled up. 2 if any employer or any other person a required to furnish any information or return i refuses or neglects to furnish such information or return, or ii furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or iii refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or b refuses or wilfully neglects to afford 2the central or the state apprenticeship adviser or such other person, not below the rank of an assistant apprenticeship adviser, as may be authorised by the central or the state apprenticeship adviser in writing in this behalf, any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this act, or c requires an apprentice to work overtime without the approval of the apprenticeship adviser, or d employs an apprentice on any work which is not connected with his training, or e makes payment to an apprentice on the basis of piecework, or f requires an apprentice to take part in any output bonus or incentive scheme, 3g engages as an apprentice a person who is not qualified for being so engaged, or h fails to carry out the terms and conditions of a contract of apprenticeship. he shall be punishable with 4 fine of one thousand rupees for every occurrence. 32a the provisions of this section shall not apply to any establishment or industry which is under the board for industrial and financial reconstruction established under the sick industrial companies special provisions act, 1 of . 1. subs. by act 29 of , s. 13, for subsection 1 w.e.f. . 2. subs. by act 27 of , s. 22, for the central or the state apprenticeship advisers w.e.f. . 3. ins. by act 29 of , s. 13 w.e.f. . 4. subs. by s. 13, ibid., for imprisonment for a term which may extend to six months or with fine or with both w.e.f. .

section 31. of the apprentices act : if any employer or any other person contravenes any provision of this act for which no punishment is provided in section 30, he shall be punishable with fine 1which shall not be less than one thousand rupees but may extend to three thousand rupees. 1. subs. by act 4 of , s. 7, for which may extend to five hundred rupees w.e.f. .

section 32. of the apprentices act : 1 if the person committing an offence under this act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm

section 33. of the apprentices act : no court shall take cognizance of any offence under this act or the rules made thereunder except on a complaint thereof in writing made by the apprenticeship adviser 1or the officer of the rank of deputy apprenticeship adviser and above within six months from the date on which the offence is alleged to have been committed. . ins. by act 4 of , s. 8 w.e.f. .

section 34. of the apprentices act : the appropriate government may, by notification in the official gazette, direct that any power exercisable by it under this act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also a where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification and b where the appropriate government is the state government, by such officer or authority subordinate to the state government as may be specified in the notification.

section 35. of the apprentices act : 1 any reference in this act or in the rules made thereunder to the apprenticeship council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the central government is the appropriate government, the central apprenticeship council and in relation to apprenticeship training in a designated trade in an establishment in relation to which the state government is the appropriate government, the state apprenticeship council. 2 any reference in this act or in the rules made thereunder to the apprenticeship adviser shall, unless the context otherwise requires, a mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the central government is the appropriate government, the central apprenticeship adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the state government is the appropriate government, the state apprenticeship adviser b be deemed to include 1an additional, a joint, a regional, a deputy or an assistant apprenticeship adviser performing the functions of the apprenticeship adviser assigned to him under subsection 2 of section 27. 1. subs. by act 27 of , s. 23, for a deputy or assistant apprenticeship adviser w.e.f.

section 38. of the apprentices act : repeal. rep. by the repealing and amending act, 52 of , s. 2 and the first schedule w.e.f. .

section 37. of the apprentices act : 1 the central government may, after consulting the central apprenticeship council, by notification in the official gazette, make rules for carrying out the purposes of this act. 11a the powers to make rules under this section shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 2 rules made under this act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament which it is in session for a total period of thirty days which may be comprised in one session 2or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 29 of , s. 14 w.e.f. . 2. subs. by act 27 of , s. 24, for certain words w.e.f. .

section 8. of the negotiable instruments act : the holder of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto. where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such loss or destruction.

section 7. of the negotiable instruments act : the maker of a bill of exchange or cheque is called the drawer the person thereby directed to pay is called the drawee. drawee in case of need. when in the bill or in any indorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need such person is called a drawee in case of need. acceptor. after the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on his behalf, he is called the acceptor. acceptor for honour. 1when a bill of exchange has been noted or protested for nonacceptance or for better security, and any person accepts it supra protest for honour of the drawer or of any one of the indorsers, such person is called an acceptor for honour. payee. the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid, is called the payee. 1. subs. by act 2 of , s. 2, for when acceptance is refused and the bill is protested for non acceptance.

section 1. of the negotiable instruments act : this act may be called the negotiable instruments act, . local extent. saving of usages relating to hundis, etc.it extends to the whole of india 1 but nothing herein contained affects the 2indian paper currency act, 3 of , section 21, or affects any local usage relating to any instrument in an oriental language: provided that such usages may be excluded by any words in the body of the instrument which indicate an intention that the legal relations of the parties thereto shall he governed by this act commencement.and it shall come into force on the first day of march, . 1. the words except the state of jammu and kashmir, which were subs. by act 3 of , for except part b states, omitted by act 62 of , s. 2 and the sch. 2. rep. by the indian paper currency act, 10 of . see now the reserve bank of india act, 2 of , s. 31.

section 5. of the negotiable instruments act : a bill of exchange is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of, a certain person or to the bearer of the instrument. a promise or order to pay is not conditional, within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain. the sum payble may be certain, within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due. the person to whom it is clear that the direction is given or that payment is to be made may be a certain person, within the meaning of this section and section 4, although he is misnamed or designated by description only.

section 2.. of the negotiable instruments act : repeal of enactments. rep. by the repealing and amending act, 12 of , s. 2 and the schedule i.

section 9. of the negotiable instruments act : holder in due course means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or indorsee thereof, if 1payable to order, before the amount mentioned in it became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title. 1. subs. by act 8 of . s. 2, for payable to, or to the order of, a payee, .

section 3. of the negotiable instruments act : in this act 1 banker.2banker includes any person acting as a banker and any post office savings bank 3 1. definition of the word india, which was subs. by act 3 of , for the definition of the word state, omitted by act 62 of , s. 2 and the sch. 2. subs. by act 37 of , s. 2, for the definition of the word banker. 3. omitted by act 53 of , s. 16 w.e.f. .

section 4. of the negotiable instruments act : a promissory note is an instrument in writing not being a banknote or a currencynote containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. illustrations a signs instruments in the following terms: a i promise to pay b or order rs. 500. b i acknowledge myself to be indebted to b in rs. 1,000, to be paid on demand, for value received. c mr. b, i o u rs. 1,000. d i promise to pay b rs. 500 and all other sums which shall be due to him. e i promise to pay b rs. 500, first deducting thereout any money which he may owe me. f i promise to pay b rs. 500 seven days after my marriage with c. g i, promise to pay b rs. 500 on ds death, provided d leaves me enough to pay that sum. h i promise to pay b rs. 500 and to deliver to him my black horse on 1st january next. the instruments respectively marked a and b are promissory notes. the instruments respectively marked c, d, e, f, g and h are not promissory notes.

section 12. of the negotiable instruments act : any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument.

section 14. of the negotiable instruments act : when a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be negotiated.

section 15. of the negotiable instruments act : when the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument, he is said to indorse the same, and is called the indorser.

section 6. of the negotiable instruments act : 1a cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. explanation i. for the purposes of this section, the expressions 2a a cheque in the electronic form means a cheque drawn in electronic form by using any computer resource and signed in a secure system with digital signature with or without biometrics signature and asymmetric crypto system or with electronic signature, as the case may be b a truncated cheque means a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing. explanation ii. for the purposes of this section, the expression clearing house means the clearing house managed by the reserve bank of india or a clearing house recognised as such by the reserve bank of india. 3explanation iii. for the purposes of this section, the expressions asymmetric crypto system, computer resource, digital signature, electronic form and electronic signature shall have the same meanings respectively assigned to them in the information technology act, 21 of . 1. subs. by act 55 of , s. 2, for s. 6 w.e.f. . 2. subs. by act 26 of , s. 2, for clause a w.e.f. 3. the explanation iii, ins. by s. 2, ibid, w.e.f.

section 10. of the negotiable instruments act : payment in due course means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.

section 17. of the negotiable instruments act : where an instrument may be construed either as a promissory note or bill of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated accordingly.

section 11. of the negotiable instruments act : a promissory note, bill of exchange or cheque drawn or made in 1india and made payable in, or drawn upon any person resident in, 1india shall be deemed to be an inland instrument. 1. subs. by act 36 of , s. 3 and the second schedule a state.

section 20. of the negotiable instruments act : where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in 1india, and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any amount specified therein and not exceeding the amount covered by the stamp. the person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount: provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder. 1. subs. by act 3 of , s. 3 and the sch., for the states.

section 21. of the negotiable instruments act : in a promissory note or bill of exchange the expressions at sight and on presentment mean on demand. the expression after sightafter sight means, in a promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, or nothing for nonacceptance, or protest for nonacceptance.

section 13. of the negotiable instruments act : 11 a negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. explanation i a promissory note, bill of exchange or cheque is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it shall not be transferable. explanation ii a promissory note, bill of exchange or cheque is payble to bearer which is expressed to be so payable or on which the only or last indorsement is an indorsement in blank. explanation iii where a promissory note, bill of exchange or cheque, either originally or by indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it is nevertheless payable to him or his order at his option. 22 a negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of serveral payees. 1. subs. by act 8 of , s. 3, for the original subsection. 2. ins. by act 5 of , s. 2.

section 23. of the negotiable instruments act : in calculating the date at which a promissary note or bill of exchange, made payable a stated number of months after date or after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of the month which corresponds with the day on which the instrument is dated, or presented for acceptance or sight, or noted for nonacceptance, or protested for nonacceptance, or the event happens, or, where the instrument is a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with the day on which it was so accepted. if the month in which the period would terminate has no corresponding day, the period shall be held to terminate on the last day of such month. illustrations a a negotiable instrument, dated 29th january, , is made payable at one month after date. the instrument is at maturity on the third day after the 28th february, . b a negotiable instrument, dated 30th august, , is made payable three months after date. the instrument is at maturity on the 3rd december, . c a promissory note or bill of exchange, dated 31st august, , is made payable three months after date. the instrument is at maturity on the 3rd december, .

section 16. of the negotiable instruments act : 11 if the indorser signs his name only, the indorsement is said to be in blank, and if he adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person, the indorsement is said to be in full, and the person so specified indorsee.is called the indorsee of the instrument. 22 the provisions of this act relating to a payee shall apply with the necessary modifications to an indorsee. 1. s. 16 renumbered as subsection 1 by s. 3, ibid. 2. ins. by act 5 of , s. 3.

section 24. of the negotiable instruments act : in calculating the date at which a promissory note or bill of exchange made payable a certain number of days after date or after sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or sight, or of protest for nonacceptance, or on which the event happens, shall be excluded.

section 18. of the negotiable instruments act : if the amount undertaken or ordered to be paid is stated differently in figures and in words, the amount stated in words shall be the amount undertaken or ordered to be paid.

section 26., promissory notes, etc. of the negotiable instruments act : every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque. minor.a minor may draw, indorse, deliver and negotiate such instrument so as to bind all parties except himself. nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such instruments except in cases in which, under the law for the time being in force, they are so empowered.

section 19. of the negotiable instruments act : a promissory note or bill of exchange, in which no time for payment is specified, and a cheque, are payable on demand.

section 28. of the negotiable instruments act : an agent who signs his name to a promissory note, bill of exchange or cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief that the principal only would be held liable.

section 29. of the negotiable instruments act : a legal representative of a deceased person who signs his name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits his liability to the extent of the assets received by him as such.

section 22. of the negotiable instruments act : the maturity of a promissory note or bill of exchange is the date at which it falls due. days of grace.every promissory note or bill of exchange which is not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.

section 31. of the negotiable instruments act : the drawee of a cheque having sufficient funds of the drawer in his hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and , in default of such payment, must compensate the drawer for any loss or damage caused by such default.

section 25. of the negotiable instruments act : when the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding, business day. explanation. the expression public holiday includes sundays: 1 and any other day declared by the 2central government, by notification in the official gazette, to be a public holiday. 1. the words new years day, christmas day: if either of such days falls on a sunday, the next following monday: goodfriday: omitted by act 37 of , s. 3 w.e.f. . 2. subs by the a.o. , for l.g.

section 33. of the negotiable instruments act : no person except the drawee of a bill exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an acceptor for honour, can bind himself by an acceptance.

section 27. of the negotiable instruments act : every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or be bound by a duly authorized agent acting in his name. a general authority to transact business and to receive and discharge debts does not confer upon an agent the power of accepting or indorsing bills of exchange so as to bind his principal. an authority to draw bills of exchange does not of itself import an authority to indorse.

section 30. of the negotiable instruments act : the drawer of a bill of exchange or cheque is bound, in case of dishonour by the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been given to, or received by, the drawer as hereinafter provided.

section 36. of the negotiable instruments act : every prior party to a negotiable instrument is liable thereon to a holder in due course until the instrument is duly satisfied.

section 32. of the negotiable instruments act : in the absence of a contract to the contrary, the maker of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the amount thereof at maturity according to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of exchange at or after maturity is bound to pay the amount thereof to the holder on demand. in default of such payment as aforesaid, such maker or acceptor is bound to compensate any party to the note or bill for any loss or damage sustained by him and caused by such default.

section 34. of the negotiable instruments act : where there are several drawees of a bill of exchange who are not partners, each of them can accept it for himself, but none of them can accept it for another without his authority.

section 35. of the negotiable instruments act : in the absence of a contract to the contrary, whoever indorses and delivers a negotiable instrument before maturity without, in such it indorsement, expressly excluding or making conditional his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or maker, to compensate such holder for any loss or damage caused to him by such dishonour, provided due notice of dishonour has been given to, or received by, such indorser as hereinafter provided. every indorser after dishonour is liable as upon an instrument payable on demand.

section 37. of the negotiable instruments act : the maker of a promissory note or cheque, the drawer of a bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary, respectively liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer or acceptor, as the case may be.

section 42. of the negotiable instruments act : an acceptor of a bill of exchange drawn in a fictitious name and payable to the drawers order is not, by reason that such name is fictitious, relieved from liability to any holder in due course claiming under an indorsement by the same hand as the drawers signature, and purporting to be made by the drawer.

section 38. of the negotiable instruments act : as between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party. illustration a draws a bill payable to his own order on b, who accepts. a afterwards indorses the bill to c, c to d, and d to e. as between e and b, b is the principal debtor, and a, c and d are his sureties. as between e and a, a is the principal debtor, and c and d are his sureties. as between e and c, c is the principal debtor and d is his surety.

section 44. of the negotiable instruments act : when the consideration for which a person signed a promissory note, bill of exchange or cheque consisted of money, and was originally absent in part or has subsequently failed in part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced. explanation. the drawer of a bill of exchange stands in immediate relation with the acceptor. the maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the indorser with his indorsee. other signers may by agreement stand in immediate relation with a holder. illustration a draws a bill on b for rs. 500 payable to the order of a, b accepts the bill, but subsequently dishonours, it by nonpayment. a sues b on the bill, b proves that it was accepted for value as to rs. 400, and as an accommodation to the plaintiff as to the residue. a can only recover rs. 400.

section 39. of the negotiable instruments act : when the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the indian contract act, 9 of , would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged.

section 40. of the negotiable instruments act : where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorsers remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. illustration a is the holder of a bill of exchange made payable to the order of b, which contains the following indorsements in blank: first indorsement, b. second indorsement, peter williams. third indorsement, wright co. fourth indorsement. john rozario. this bill a puts in suit against john rozario and strikes out, without john rozarios consent, the indorsements by peter williams and wright co. a is not entitled to recover anything from john rozario.

section 41. of the negotiable instruments act : an acceptor of a bill of exchange already indorsed is not relieved from liability by reason that such indorsement is forged, if he knew or had reason to believe the indorsement to be forged when he accepted the bill.

section 43., without consideration. of the negotiable instruments act : a negotiable instrument made, drawn, accepted, indorsed or transferred without consideration, or for a consideration which fails, creates no obligation of payment between the parties to the transaction. but if any such party has transferred the instrument with or without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from him, may recover the amount due on such instrument from the transferor for consideration or any prior party thereto. exception i. no party for whose accommodation a negotiable instrument has been made, drawn, accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount from any person who became a party to such instrument for his accommodation. exception ii. no party to the instrument who has induced any other party to make, draw, accept, indorse or transfer the same to him for a consideration which he has failed to pay or perform in full shall recover thereon an amount exceeding the value of the consideration if any which he has actually paid or performed.

section 45. of the negotiable instruments act : where a part of the consideration for which a person signed a promissory note, bill of exchange or cheque, though not consisting of money, is ascertainable in money without collateral enquiry, and there has been a failure of that part, the sum which a holder standing in immediate relation with such signer is entitled to receive from him is proportionally reduced.

section 46. of the negotiable instruments act : the making, acceptance or indorsement of a promissory note, bill of exchange or cheque is completed by delivery, actual or constructive. as between parties standing in immediate relation, delivery to be effectual must be made by the party making, accepting or indorsing the instrument, or by a person authorised by him in that behalf. as between such parties and any holder of the instrument other than a holder in due course, it may be shown that the instrument was delivered conditionally or for a special purpose only, and not for the purpose of transferring absolutely the property therein. a promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery thereof. a promissory note, bill of exchange or cheque payable to order is negotiable by the holder by indorsement and delivery thereof.

section 51. of the negotiable instruments act : every sole maker, drawer, payee or indorsee, or all of several joint makers, drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such instrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the same. explanation. nothing in this section enables a maker or drawer to indorse or negotiate an instrument, unless he is in lawful possession or is holder thereof or enables a payee or indorsee to indorse or negotiate an instrument, unless he is holder thereof. illustration a bill is drawn payable to a or order. a indorses it to b, the indorsement not containing the words or order or any equivalent words. b may negotiate the instrument.

section 45a. of the negotiable instruments act : 1where a bill of exchange has been lost before it is overdue, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again. if the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so. 1. ins. by act 2 of , s. 3.

section 47. of the negotiable instruments act : subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to bearer is negotiable by delivery thereof. exception. a promissory note, bill of exchange or cheque delivered on condition that it is not to take effect except in a certain event is not negotiable except in the hands of a holder for value without notice of the condition unless such event happens. illustrations a a, the holder of a negotiable instrument payable to bearer, delivers it to bs agent to keep for b. the instrument has been negotiated. b a, the holder of a negotiable instrument payable to bearer, which is in the hands of as banker, who is at the time the banker of b, directs the banker to transfer the instrument to bs credit in the bankers account with b. the banker does so, and accordingly now possesses the instrument as bs agent. the instrument has been negotiated, and b has become the holder of it.

section 52. of the negotiable instruments act : the indorser of a negotiable instrument may, by express words in the indorsement, exclude his own liability thereon, or make such liability or the right of the indorsee to receive the amount due thereon depend upon the happening of a specified event, although such event may never happen. where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all intermediate indorsers are liable to him. illustrations a the indorser of a negotiable instrument sign his name adding the words without recourse. upon this indorsement he incurs no liability. b a is the payee and holder of a negotiable instrument. excluding personal liability by an indorsement without recourse he transfers the instrument to b, and b indorses it to c, who indorses it to a. a is not only reinstated in his former rights, but has the rights of an indorsee against b and c.

section 48. of the negotiable instruments act : subject to the provisions of section 58, a promissory note, bill of exchange or cheque 1payable to order, is negotiable by the holder by indorsement and delivery thereof 1. subs. by act 8 of , s. 4, for payable to the order of a specified person, or to a specified person or order.

section 49. of the negotiable instruments act : the holder of a negotiable instrument indorsed in blank may, without signing his own name, by writing above the indorsers signature a direction to pay to any other person as indorsee, convert the indorsement in blank into an indorsement in full and the holder does not thereby incur the responsibility of an indorser.

section 50. of the negotiable instruments act : the indorsement of a negotiable instrument followed by delivery transfers to the indorsee the property therein with the right of further negotiation but the indorsement may, by express words, restrict or exclude such right, or may merely constitute the indorsee an agent to indorse the instrument, or to receive its contents for the indorser, or for some other specified person. illustrations b signs the following indorsements on different negotiable instruments payable to bearer. a pay the contents to c only. b pay c for my use. c pay c or order for the account of b. d the within must be credited to c. these indorsements exclude the right of further negotiation by c. e pay c. f pay c value in account with the oriental bank. g pay the contents to c, being part of the consideration in a certain deed of assignment executed by c to the indorser and others. these indorsements do not exclude the right of further negotiation by c.

section 53. of the negotiable instruments act : a holder of a negotiable instrument who derives title from a holder in due course has the rights thereon of that holder in due course.

section 60. of the negotiable instruments act : a negotiable instrument may be negotiated except by the maker, drawee or acceptor after maturity until payment or satisfaction thereof by the maker, drawee or acceptor at or after maturity, but not after such payment or satisfaction.

section 54. of the negotiable instruments act : subject to the provisions hereinafter contained as to crossed cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even although originally payable to order.

section 55. of the negotiable instruments act : if a negotiable instrument, after having been indorsed in blank, is indorsed in full, the amount of it cannot be claimed from the indorser in full, except by the person to whom it has been indorsed in full, or by one who derives title through such person.

section 56. of the negotiable instruments act : no writing on a negotiable instrument is valid for the purpose of negotiation if such writing purports to transfer only a part of the amount appearing to be due on the instrument but where such amount has been partly paid, a note to that effect may be indorsed on the instrument, which may then be negotiated for the balance.

section 57. of the negotiable instruments act : the legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of exchange or cheque payable to order and indorsed by the deceased but not delivered.

section 58. of the negotiable instruments act : when a negotiable instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some person through whom he claims was, a holder thereof in due course.

section 61. of the negotiable instruments act : a bill of exchange payable after sight must, if no time or place is specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable search, be found, by a person entitled to demand acceptance, within a reasonable time after it is drawn, and in business hours on a business day. in default of such presentment, no party thereto is liable thereon to the person making such default. if the drawee cannot, after reasonable search, be found, the bill is dishonoured. if the bill is directed to the drawee at a particular place, it must be presented at that place and if at the due date for presentment he cannot, after reasonable search, be found there, the till is dishonoured. 1where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient. 1.ins. by act 2 of , s. 4.

section 59. of the negotiable instruments act : the holder of a negotiable instrument, who has acquired it after dishonour, whether by nonacceptance or nonpayment, with notice thereof, or after maturity, has only, as against the other parties, the rights thereon of his transferor: accommodation note or bill. provided that any person who, in good faith and for consideration, becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted without consideration, for the purpose of enabling some party thereto to raise money thereon, may recover the amount of the note or bill from any prior party. illustration the acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at maturity. the bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to a. as title is subject to the same objection as the drawers title.

section 69. of the negotiable instruments act : a promissory note or bill of exchange made, drawn or accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for payment at that place.

section 62. of the negotiable instruments act : a promissory note, payable at a certain period after sight, must be presented to the maker thereof for sight if he can after reasonable search be found by a person entitled to demand payment, within a reasonable time after it is made and in business hours on a business day. in default of such presentment, no party thereto is liable thereon to the person making such default.

section 63. of the negotiable instruments act : the holder must, if so required by the drawee of a bill of exchange presented to him for acceptance, allow the drawee 1fortyeight hours exclusive of public holidays to consider whether he will accept it. 1. subs. by act 12 of , s. 2, for twentyfour.

section 64. of the negotiable instruments act : 21 promissory notes, bills of exchange and cheques must be presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as hereinafter provided. in default of such presentment, the other parties thereto are not liable thereon to such holder. 1where authorized by agreement or usage, a presentment through the post office by means of a registered letter is sufficient. exception.where a promissory note is payable on demand and is not payable at a specified place, no presentment is necessary in order to charge the maker thereof. 32 notwithstanding anything contained in section 6, where an electronic image of a truncated cheque is presented for payment, the drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for verification: provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment is made accordingly. 1. added by act 2 of , s. 4. 2. section 64 renumbered as subsection 1 thereof by act 55 of , s. 3 w.e.f. . 3. ins. by s. 3, ibid, w.e.f. .

section 68. of the negotiable instruments act : a promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not elsewhere must, in order to charge any party thereto, be presented for payment at that place.

section 65. of the negotiable instruments act : presentment for payment must be made during the usual hours of business and, if at a bankers within banking hours.

section 66. of the negotiable instruments act : a promissory note or bill of exchange, made payable at a specified period after date or sight thereof, must be presented for payment at maturity.

section 67. of the negotiable instruments act : a promissory note payable by instalments must be presented for payment on the third day after the date fixed for payment of each instalment and nonpayment on such presentment has the same effect as nonpayment of a note at maturity.

section 70. of the negotiable instruments act : a promissory note or bill of exchange, not made payable as mentioned in sections 68 and 69, must be presented for payment at the place of business if any, or at the usual residence, of the maker, drawee or acceptor thereof, as the case may be.

section 76. of the negotiable instruments act : no presentment for payment is necessary, and the instrument is dishonoured at the due date for presentment, in any of the following cases: a if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or, if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or, if the instrument being payable at some other specified place, neither he nor any person authorized to pay it attends at such place during the usual business hours, or, if the instrument not being payable at any specified place, he cannot after due search be found b as against any party sought to be charged therewith, if he has engaged to pay notwithstanding nonpresentment c as against any party if, after maturity, with knowledge that the instrument has not been presented he makes a part payment on account of the amount due on the instrument, or promises to pay the amount due thereon in whole or in part, or otherwise waives his right to take advantage of any default in presentment for payment d as against the drawer, if the drawer could not suffer damage from the want of such presentment.

section 72. of the negotiable instruments act : 1subject to the provisions of section 84, a cheque must, in order to charge the drawer, be presented at the bank upon which it is drawn before the relation between the drawer and his banker has been altered to the prejudice of the drawer. 1. ins. by act 6 of , s. 2.

section 71., has no known place of business or residence. of the negotiable instruments act : if the maker, drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no place is specified in the instrument for presentment for acceptance or payment such presentment may be made to him in person wherever he can be found.

section 77. of the negotiable instruments act : when a bill of exchange, accepted payable at a specified bank, has been duly presented there for payment and dishonoured, if the banker so negligently or improperly keeps, deals with or delivers back such bill as to cause loss to the holder, he must compensate the holder for such loss.

section 73. of the negotiable instruments act : a cheque must, in order to charge any person except the drawer, be presented within a reasonable time after delivery thereof by such person.

section 78. of the negotiable instruments act : subject to the provisions of section 82, clause c, payment of the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or acceptor, be made to the holder of the instrument.

section 74. of the negotiable instruments act : subject to the provisions of section 31, a negotiable instrument payable on demand must be presented for payment within a reasonable time after it is received by the holder.

section 75. of the negotiable instruments act : presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.

section 79. of the negotiable instruments act : when interest at a specified rate is expressly made payable on a promissory note or bill of exchange, interest shall be calculated at the rate specified, on the amount of the principal money due thereon, from the date of the instrument, until tender or realization of such amount, or until such date after the institution of a suit to recover such amount as the court directs.

section 81. of the negotiable instruments act : 11 any person liable to pay, and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or if the instrument is lost or cannot be produced, to be indemnified against any further claim thereon against him. 22 where the cheque is an electronic image of a truncated cheque, even after the payment the banker who received the payment shall be entitled to retain the truncated cheque. 3 a certificate issued on the foot of the printout of the electronic image of a truncated cheque by the banker who paid the instrument, shall be prima facie proof of such payment. 1. section 81 renumbered as subsection 1 thereof by act 55 of , s. 4 w.e.f. . 2. ins. by s. 4, ibid. w.e.f. .

section 75a. of the negotiable instruments act : 175a. excuse for delay in presentment for acceptance or paymentdelay in presentment 2for acceptance or payment is excused if the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. when the cause of delay ceases to operate, presentment must be made within a reasonable time. 1. ins. by act 25 of , s. 2. 2. subs. by act 12 of , s. 3, for for payment.

section 83. of the negotiable instruments act : if the holder of a bill of exchange allows the drawee more than 1fortyeight hours, exclusive of public holidays, to consider whether he will accept the same, all previous parties not consenting to such allowance are thereby discharge from liability to such holder. 1. subs. by act 12 of , s. 2, for twentyfour.

section 80. of the negotiable instruments act : when no rate of interest is specified in the instrument, interest on the amount due thereon shall, 1notwithstanding any agreement relating to interest between any parties to the instrument, be calculated at the rate of 2eighteen per centum per annum, from the date at which the same ought to have been paid by the party charged, until tender or realization of the amount due thereon, or until such date after the institution of a suit to recover such a mount as the court directs. explanation. when the party charged is the indorser of an instrument dishonoured by nonpayment, he is liable to pay interest only from the time that he receives notice of the dishonour. 1. subs. by act 30 of , s. 2, for except in cases provided for by the code of civil procedure, s. 532. 2. subs. by act 66 of , s. 2, for six per centum w.e.f. .

section 82. of the negotiable instruments act : the maker, acceptor or indorser respectively of a negotiable instrument is discharged from liability thereon a by cancellation. to a holder thereof who cancels such acceptors or indorsers name with intent to discharge him, and to all parties claiming under such holder b by release. to a holder thereof who otherwise discharges such maker, acceptor or indorser, and to all parties deriving title under such holder after notice of such discharge c by payment. to all parties thereto, if the instrument is payable to bearer, or has been indorsed in blank, and such maker, acceptor or indorser makes payment in due course of the amount due thereon.

section 84. of the negotiable instruments act : 184. when cheque not duly presented and drawer damaged thereby.1 where a cheque is not presented for payment within a reasonable time of its issue, and the drawer or person on whose account it is drawn had the right, at the time when presentment ought to have been made, as between himself and the banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a large amount than he would have been if such cheque had been paid. 2 in determining what is a reasonble time, regard shall be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. 3 the holder of the cheque as to which such drawer or person is so discharged shall be a creditor, in lieu of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount from him. illustrations a a draws a cheque for rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet it. the bank fails before the cheque is presented. the drawer is discharged, but the holder can prove against the bank for the amount of the cheque. b a draws a cheque at umballa on a bank in calcutta. the bank fails before the cheque could be presented in ordinary course. a is not discharged, for he has not suffered actual damage through any delay in presenting the cheque. 1. subs. by act 6 of , s. 3, for s. 84.

section 85. of the negotiable instruments act : 11 where a cheque payable to order purports to be endorsed by or on behalf of the payee, the drawee is discharged by payment in due course. 22 where a cheque is originally expressed to be payable to bearer, the drawee is discharged by payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or in blank appearing thereon, and notwithstanding that any such endorsement purports to restrict or exclude further negotiation. 1. s. 85 renumbered as subsection 1 thereof by act 17 of , s. 2. 2. ins. by s. 2, ibid.

section 90. of the negotiable instruments act : if a bill of exchange which has been negotiated is, at or after maturity, held by the acceptor in his own right, all rights of action thereon are extinguished.

section 86. of the negotiable instruments act : if the holder of a bill of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill, or which substitutes a different place or time for payment, or which, where the drawees are not partners, is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are discharged as against the holder and those claiming under him, unless on notice given by the holder they assent to such acceptance. explanation. an acceptance is qualified a where it is conditional, declaring the payment to be dependent on the happening of an event therein stated b where it undertakes the payment of part only of the sum ordered to be paid c where no place of payment being specified on the order, it undertakes the payment at a specified place, and not otherwise or elsewhere or where, a place of payment being specified in the order, it undertakes the payment at some other place and not otherwise or elsewhere d where it undertakes the payment at a time other than that at which under the order it would be legally due.

section 85a. of the negotiable instruments act : 185a. drafts drawn by one branch of a bank on another payable to order.where any draft, that is an order to pay money, drawn by one office of a bank upon another office of the same bank for a sum of money payable to order on demand, purports to be endorsed by or on behalf of the payee, the bank is discharged by payment in due course. 1. ins. by act 25 of , s. 2.

section 87. of the negotiable instruments act : any material alteration of a negotiable instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties alteration by indorsee. and any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof. the provisions of this section are subject to those of sections 20, 49, 86 and 125.

section 91. of the negotiable instruments act : a bill of exchange is said to be dishonoured by nonacceptance when the drawee, or one of several drawees not being partners, makes default in acceptance upon being duly required to accept the bill, or where presentment is excused and the bill is not accepted. where the drawee is incompetent to contract, or the acceptance is qualified the bill may be treated as dishonoured.

section 88. of the negotiable instruments act : an acceptor or indorser of a negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of the instrument.

section 89. of the negotiable instruments act : 11 where a promissory note, bill of exchange or cheque has been materially altered but does not appear to have been so altered, or where a cheque is presented for payment which does not at the time of presentation appear to be crossed or to have had a crossing which has been obliterated, payment thereof by a person or banker liable to pay, and paying the same according to the apparent tenor thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all liability thereon and such payment shall not be questioned by reason of the instrument having been altered or the cheque crossed. 22 where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor of such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image. 3 any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same. 1. section 89 renumbered as subsection 1 thereof by act 55 of , s. 5 w.e.f. . 2. ins. by, s. 5, ibid, w.e.f. .

section 97. of the negotiable instruments act : when the party to whom notice of dishonour is dispatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.

section 92. of the negotiable instruments act : a promissory note, bill of exchange or cheque is said to be dishonoured by nonpayment when the maker of the note, acceptor of the bill or drawee of the cheque makes default in payment upon being duly required to pay the same.

section 93. of the negotiable instruments act : when a promissory note, bill of exchange or cheque is dishonoured by nonacceptance or nonpayment, the holder thereof, or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon. nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque.

section 96. of the negotiable instruments act : when the instrument is deposited with an agent for presentment, the agent is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour, and the principal is entitled to a further like period to give notice of dishonour.

section 95. of the negotiable instruments act : any party receiving notice of dishonour must, in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable time, unless such party otherwise receives due notice as provided by section 93.

section 94. of the negotiable instruments act : notice of dishonour may be given to a duly authorized agent of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has been declared an insolvent, to his assignee may be oral or written may, if written, be sent by post and may be in any form but it must inform the party to whom it is given, either in express terms or by reasonable intendment, that the instrument has been dishonoured, and in what way, and that he will be held liable thereon and it must be given within a reasonable time after dishonour, at the place of business or in case such party has no place of business at the residence of the party for whom it is intended. if the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.

section 104a. of the negotiable instruments act : 1104a. when noting equivalent to protest.for the purposes of this act, where a bill of note is required to be protested within a specified time or before some further proceeding is taken it is sufficient that the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding and, the formal protest may be extended at any time thereafter as of the date of the noting. 1. ins. by s. 6, ibid.

section 98. of the negotiable instruments act : no notice of dishonour is necessary a when it is dispensed with by the party entitled thereto b in order to charge the drawer, when he has countermanded payment c when the party charged could not suffer damage for want of notice d when the party entitled to notice cannot after due search be found or the party bound to give notice is, for any other reason, unable without any fault of his own to give it e to charge the drawers, when the acceptor is also a drawer f in the case of a promissory note which is not negotiable g when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount due on the instrument.

section 99. of the negotiable instruments act : when a promissory note or bill of exchange has been dishonoured by nonacceptance or nonpayment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each. such note must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notarys charges.

section 104. of the negotiable instruments act : foreign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.

section 100. of the negotiable instruments act : when a promissory note or bill of exchange has been dishonoured by nonacceptance or nonpayment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a notary public. such certificate is called a protest. protest for better security. when the acceptor of a bill of exchange has become insolvent, or his credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable time, cause a notary public to demand better security of the acceptor, and on its being refused may, within a reasonable time, cause such facts to be noted and certified as aforesaid. such certificate is called a protest for better security

section 105. of the negotiable instruments act : in determining what is a reasonable time for presentment for acceptance or payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and the usual course of dealing with respect to similar instruments and, in calculating such time, public holidays shall be excluded.

section 101. of the negotiable instruments act : a protest under section 100 must contain a either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon b the name of the person for whom and against whom the instrument has been protested c a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public the terms of his answer, if any, or a statement that he gave no answer or that he could not be found d when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal e the subscription of the notary public making the protest f in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected. 1a notary public may make the demand mentioned in clause c of this section either in person or by his clerk or, where authorized by agreement or usage, by registered letter. 1. ins. by act 2 of , s. 5.

section 106. of the negotiable instruments act : if the holder and the party to whom notice of dishonour is given carry on business or live as the case may be in different places, such notice is given within a reasonable time if it is dispatched by the next post or on the day next after the day of dishonour. if the said parties carry on business or live in the same place, such notice is given within a reasonable time if it is dispatched in time to reach its destination on the day next after the day of dishonour.

section 108. of the negotiable instruments act : when a bill of exchange has been noted or protested for nonacceptance or for better security, any person not being a party already liable thereon may, with the consent of the holder, by writing on the bill, accept the same for the honour of any party thereto. 1 1. the second sentence rep. by s. 7, ibid,.

section 102. of the negotiable instruments act : when a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions but the notice may be given by the notary public who makes the protest.

section 110. of the negotiable instruments act : where the acceptance does not express for whose honour it is made it shall be deemed to be made for the honour of the drawer.

section 103. of the negotiable instruments act : all bills of exchange drawn payable at some other place than the place mentioned as the residence of the drawee, and which are dishonoured by nonacceptance, may, without further presentment to the drawee, be protested for nonpayment, in the place specified for payment, unless paid before or at maturity.

section 112. of the negotiable instruments act : an acceptor for honour cannot be charged unless the bill has at its maturity been presented to the drawee for payment, and has been dishonoured by him, and noted or protested for such dishonour.

section 107. of the negotiable instruments act : a party receiving notice of dishonour, who seeks to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within the same time after its receipt as he would have had to give notice if he had been the holder.

section 113. of the negotiable instruments act : when a bill of exchange has been noted or protested for nonpayment, any person may pay the same for the honour of any party liable to pay the same: provided that the person so paying 1or his agent in that behalf has previously declared before a notary public the party for whose honour he pays, and that such declaration has been recorded by such notary public. 1. ins. by act 2 of , s. 9.

section 115. of the negotiable instruments act : where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.

section 109. of the negotiable instruments act : a person desiring to accept for honour must, 1by writing on the bill under his hand, declare that he accepts under protest the protested bill for the honour of the drawer or of a particular indorser whom he names, or generally for honour. 2 1. subs. by s. 8, ibid., for in the presence of a notary public, subscribe the bill with his own hand, and. 2. the words and such declaration must be recorded by the notary in his register rep. by s. 8, ibid.

section 116. of the negotiable instruments act : a drawee in case of need may accept and pay the bill of exchange without previous protest.

section 111. of the negotiable instruments act : an acceptor for honour binds himself to all parties subsequent to the party for whose honour he accepts to pay the amount of the bill if the drawee do not and such party and all prior parties are liable in their respective capacities to compensate the acceptor for honour for all loss or damage sustained by him in consequence of such acceptance. but an acceptor for honour is not liable to the holder of the bill unless it is presented, or in case the address given by such acceptor on the bill is a place other than the place where the bill is made payable forwarded for presentment, not later than the day next after the day of its maturity.

section 117. of the negotiable instruments act : the compensation payable in case of dishonour of a promissory note, bill of exchange or cheque, by any party liable to the holder or any indorsee, shall 1 be determined by the following rules: a the holder is entitled to the amount due upon the instrument together with the expenses properly incurred in presenting, noting and protesting it b when the person charged resides at a place different from that at which the instrument was payable, the holder is entitled to receive such sum at the current rate of exchange between the two places c an indorser who, being liable, has paid the amount due on the same is entitled to the amount so paid with interest at 2eighteen per centum per annum from the date of payment until tender or realization thereof, together with all expenses caused by the dishonour and payment d when the person charged and such indorser reside at different places, the indorser is entitled to receive such sum at the current rate of exchange between the two places e the party entitled to compensation may draw a bill upon the party liable to compensate him, payable at sight or on demand, for the amount due to him, together with all expenses properly incurred by him. such bill must be accompanied by the instrument dishonoured and the protest thereof if any. if such bill is dishonoured, the party dishonouring the same is liable to make compensation thereof in the same manner as in the case of the original bill. 1. the brackets, words and figures except in cases provided for by the code of civil procedure, s. 532, omitted by act 30 of , s. . 3. 2. subs. by act 66 of , s. 3 , for six per centum w.e.f . 30 12 .

section 114. of the negotiable instruments act : any person so paying is entitled to all the rights in respect of the bill, of the holder at the time of such payment, and may recover from the party for whose honour he pays all sums so paid, with interest thereon and with all expenses properly incurred in making such payment.

section 121. of the negotiable instruments act : no maker of a promissory note and no acceptor of a bill of exchange 1payable to order shall, in a suit thereon by a holder in due course, be permitted to deny the payees capacity, at the date of the note or bill, to indorse the same. 1. subs. by act 8 of , s. 5, for payable to, or to the orderof, a specified person.

section 118. of the negotiable instruments act : until the contrary is proved, the following presumptions shall be made: a of consideration: that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration b as to date: that every negotiable instrument bearing a date was made or drawn on such date c as to time of acceptance: that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity d as to time of transfer: that every transfer of a negotiable instrument was made before its naturity e as to order of indorsements: that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon f as to stamp: that a lost promissory note, bill of exchange or cheque was duly stamped g that holder is a holder in due course: that the holder of a negotiable instrument is a holder in due course : provided that, where the instrutment has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.

section 125. of the negotiable instruments act : where a cheque is uncrossed, the holder may cross it generally or specially. where a cheque is crossed generally, the holder may cross it specially. where a cheque is crossed generally, or specially, the holder may add the words not negotiable. where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to another banker, his agent, for collection.

section 119. of the negotiable instruments act : in a suit upon an instrument which has been dishonoured, the court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.

section 126. of the negotiable instruments act : where a cheque is crossed generally, the banker on whom it is drawn shall not pay it otherwise than to a banker. payment of cheque crossed specially.where a cheque is crossed specially, the banker on whom it is drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection.

section 120. of the negotiable instruments act : no maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the instrument as originally made or drawn.

section 122. of the negotiable instruments act : no indorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to contract of any prior party to the instrument.

section 124. of the negotiable instruments act : where a cheque bears across its face an addition of the name of a banker, either with or without the words not negotiable, that addition shall be deemed a crossing and the cheque shall be deemed to be crossed specially, and to be crossed to that banker.

section 123. of the negotiable instruments act : where a cheque bears across its face an addition of the words and company or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse lines simply, either with or without the words not negotiable, that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed generally

section 131a. of the negotiable instruments act : 1the provisions of this chapter shall apply to any draft, as defined in section 85a, as if the draft were a cheque. 1. ins. by act 33 of , s. 2.

section 127. of the negotiable instruments act : where a cheque is crossed specially to more than one banker, except when crossed to an agent for the purpose of collection, the banker on whom it is drawn shall refuse payment thereof.

section 128. of the negotiable instruments act : where the banker on whom a crossed cheque is drawn has paid the same in due course, the banker paying the cheque, and in case such cheque has come to the hands of the payee the drawer thereof, shall respectively be entitled to the same rights, and be placed in the same position in all respects, as they would respectively be entitled to and placed in if the amount of the cheque had been paid to and received by the true owner thereof.

section 129. of the negotiable instruments act : any banker paying a cheque crossed generally otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss he may sustain owing to the cheque having been so paid.

section 133. of the negotiable instruments act : as between holders in due course of different parts of the same set, he who first acquired title to his part is entitled to the other parts and the money represented by the bill.

section 130. of the negotiable instruments act : a person taking a cheque crossed generally or specially, bearing in either case the words not negotiable, shall not have, and shall not be capable of giving, a better title to the cheque than that which the person from whom he took it had.

section 135. of the negotiable instruments act : here a promissory note, bill of exchange or cheque is made payable in a different place from that in which it is made or indorsed, the law of the place where it is made payable determines what constitutes dishonour and what notice of dishonour is sufficient. illustration a bill of exchange drawn and indorsed in 1india, but accepted payable in france, is dishonoured. the indorsee causes it to be protested for such dishonour, and gives notice thereof in accordance with the law of france, though not in accordance with the rules herein contained in respect of bills which are not foreign. the notice is sufficient. 1. subs. by act 3 of , s. 3 and the sch. for the states.

section 136., out of india, but in accordance with the law of india. of the negotiable instruments act : if a negotiable instrument is made, drawn, accepted or indorsed 1outside india, but in accordance with the 2law of india, the circumstances that any agreement evidenced by such instrument is invalid according to the law of the country wherein it was entered into does not invalidate any subsequent acceptance or indorsement made thereon 3within india. 1. subs. by the a.o. , a.o. and the act 3 of , s. 3 and the sch. for out of british india. 2. subs. by s. 3, ibid., for law of british india. 3. subs. by s. 3, ibid., for in british india.

section 131. of the negotiable instruments act : a banker who has in good faith and without negligence received payment for a customer of a cheque crossed generally or specially to himself shall not, in case the title to the cheque proves defective, incur any liability to the true owner of the cheque by reason only of having received such payment. 1explanation 2i. a banker receives payment of a crossed cheque for a customer within the meaning of this section notwithstanding that he credits his customers account with the amount of the cheque before receiving payment thereof. 3explanation ii. it shall be the duty of the banker who receives payment based on an electronic image of a truncated cheque held with him, to verify the prima facie genuineness of the cheque to be truncated and any fraud, forgery or tampering apparent on the face of the instrument that can be verified with due diligence and ordinary care. 1. ins. by act 18 of , s. 2. 2. explanation renumbered as explanation i thereof by act 55 of , s. 6 w.e.f. . 3. ins. by act 55 of , s. 6 w.e.f. .

section 132. of the negotiable instruments act : bills of exchange may be drawn in parts, each part being numbered and containing a provision that it shall continue payable only so long as the others remain unpaid. all the parts together make a set but the whole set constitutes only one bill, and is extinguished when one of the parts, if a separate bill, would be extinguished. exception.when a person accepts or indorses different parts of the bill in favour of different persons, he and the subsequent endorsers of each part are liable on such part as if it were a separate bill.

section 134. of the negotiable instruments act : in the absence of a contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of exchange or cheque is regulated in all essential matters by the law of the place where he made the instrument, and the respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable. illustration a bill of exchange was drawn by a in california, where the rate of interest is 25 per cent., and accepted by b, payable in washington, where the rate of interest is 6 per cent. the bill is erdorsed in 1india, and is dishonoured. an action on the bill is brought against b in 1india. he is liable to pay interest at the rate of 6 per cent. only but if a is charged as drawer, a is liable to pay interest at the rate of 25 per cent. 1. subs. by act 3 of , s. 3 and the sch. for the states.

section 140. of the negotiable instruments act : it shall not be a defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.

section 137. of the negotiable instruments act : the law of any foreign country 1 regarding promissory notes, bills of exchange and cheques shall be presumed to be the same as that of 2 india, unless and until the contrary is proved. 1. the words or the state of jammu and kashmir omitted by act 62 of , s. 2 and the sch. 2. subs. by the a.o. , a.o. and the act 3 of , s. 3 and the sch. for british india.

section 138., of funds in the account. of the negotiable instruments act : 1where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for 2a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply unless a the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier b the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 3within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid and c the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. explanation. for the purposes of this section, debt of other liability means a legally enforceable debt or other liability. 1. ins. by act 66 of , s, 4 w.e.f. . 2. subs. by act 55 of , s.7, for certain words w.e.f. . 3. subs. by s. 7, ibid., for within fifteen days w.e.f. .

section 143a. of the negotiable instruments act : 1143a. power to direct interim compensation.1 notwithstanding anything contained in the code of criminal procedure, 2 of , the court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant a in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint and b in any other case, upon framing of charge. 2 the interim compensation under subsection 1 shall not exceed twenty per cent. of the amount of the cheque. 3 the interim compensation shall be paid within sixty days from the date of the order under subsection 1, or within such further period not exceeding thirty days as may be directed by the court on sufficient cause being shown by the drawer of the cheque.. 4 if the drawer of the cheque is acquitted, the court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the reserve bank of india, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the court on sufficient cause being shown by the complainant.. 5 the interim compensation payable under this section may be recovered as if it were a fine under section 421 of the code of criminal procedure, 2 of .. 6 the amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the code of criminal procedure, 2 of , shall be reduced by the amount paid or recovered as interim compensation under this section. 1. ins. by act 20 of , s. 2 w.e.f. .

section 139. of the negotiable instruments act : it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.

section 141. of the negotiable instruments act : 1 if the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: 1provided further that where a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable for prosecution under this chapter. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. ins. by s. 8, ibid. w.e.f. .

section 142. of the negotiable instruments act : 11 notwithstanding anything contained in the code of criminal procedure, 2 of , a no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque b such complaint is made within one month of the date on which the cause of action arises under clause c of the proviso to section 138: 2provided that the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period c no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under section 138.. 32 the offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction, a if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated or b if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated. explanation. for the purposes of clause a, where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account. 1. section 142 numbered as subsection 1 thereof by act 26 of , s. 3 w.e.f. . 2. ins. by act 55 of , s. 9 w.e.f. . 3. ins. act 26 of , s. 3 w.e.f. .

section 144. of the negotiable instruments act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of and for the purposes of this chapter, a magistrate issuing a summons to an accused or a witness may direct a copy of summons to be served at the place where such accused or witness ordinarily resides or carries on business or personally works for gain, by speed post or by such courier services as are approved by a court of session. 2 where an acknowledgment purporting to be signed by the accused or the witness or an endorsement purported to be made by any person authorised by the postal department or the courier services that the accused or the witness refused to take delivery of summons has been received, the court issuing the summons may declare that the summons has been duly served.

section 142a. of the negotiable instruments act : 1142a. validation for transfer of pending cases.1 notwithstanding anything contained in the code of criminal procedure, 2 of or any judgment, decree, order or direction of any court, all cases transferred to the court having jurisdiction under subsection 2 of section 142, as amended by the negotiable instruments amendment ordinance, ord. 6 of , shall be deemed to have been transferred under this act, as if that subsection had been in force at all material times. 2 notwithstanding anything contained in subsection 2 of section 142 or subsection 1, where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under subsection 2 of section 142 or the case has been transferred to that court under subsection 1 and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court. 3 if, on the date of the commencement of the negotiable instruments amendment act, 26 of , more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under subsection 2 of section 142, as amended by the negotiable instruments amendment ordinance, ord. 6 of , before which the first case was filed and is pending, as if that subsection had been in force at all material times. 1. ins. by, s. 4, ibid. w.e.f..

section 147. of the negotiable instruments act : notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under this act shall be compoundable.

section 143. of the negotiable instruments act : 1143. power of court to try cases summarily.1 notwithstanding anything contained in the code of criminal procedure, 2 of all offences under this chapter shall be tried by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trials: provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding five thousand rupees: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said code. 2 the trial of a case under this section shall, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. 3 every trial under this section shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within six months from the date of filing of the complaint. 1. ins. by act 55 of , s. 10 w.e.f. .

section 148. of the negotiable instruments act : 1148. power of appellate court to order payment pending appeal against conviction.1 notwithstanding anything contained in the code of criminal procedure, 2 of , in an appeal by the drawer against conviction under section 138, the appellate court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial court: provided that the amount payable under this subsection shall be in addition to any interim compensation paid by the appellant under section 143a. 2 the amount referred to in subsection 1 shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the court on sufficient cause being shown by the appellant. 3 the appellate court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: provided that if the appellant is acquitted, the court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the reserve bank of india, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the court on sufficient cause being shown by the complainant. 1. ins. by act 20 of , s. 3 w.e.f. .

section 145. of the negotiable instruments act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of , the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said code. 2 the court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.

section 146. of the negotiable instruments act : the court shall, in respect of every proceeding under this chapter, on production of banks slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved.

section 8. of the mines act : any person in the service of the government duly authorised in this behalf by a special order in writing of the chief inspector or of an inspector may, for the purpose of surveying, leveling or measuring any mine 1or any output therefrom, after giving not less than three days notice to the manager of such mine, enter the mine and may survey, level or measure the mine or any part thereof 1or any output therefrom at any time by day or night: provided that, where in the opinion of the chief inspector or of an inspector an emergency exists, he may, by order in writing, authorise any such person to enter the mine for any of the aforesaid purposes without giving any such notice. 1. ins. by s. 6, ibid. w.e.f. .

section 1. of the mines act : show related subordinates 1this act may be called the mines act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 or dates as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and for different states but not later than 3lst december, . 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule.w.e.f. . 2. 1st july, , vide notification no. s.r.o. 967, dated 27th may, , gazette of india , part. ii, sec.3.

section 2. of the mines act : 11 in this act, unless the context otherwise requires, 2 b adult means a person who has completed his eighteenth year 3c agent, when used in relation to a mine, means every person, whether appointed as such or not, who, acting or purporting to act on behalf of the owner, takes part in the management, control, supervision or direction of the mine or of any part thereof d chief inspector means the chief inspector of mines appointed under this act 4e committee means a committee constituted under section 12 f day means a period of twentyfour hours beginning at midnight g district magistrate means, in a presidencytown, the person appointed by the central government to perform the duties of a district magistrate under this act in that town 5h a person is said to be employed in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not i in any mining operation including the concomitant operations of handling and transport of minerals up to the point of despatch and of gathering sand and transport thereof to the mine ii in operations or services relating to the development of the mine including construction of plan therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations iii in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine iv in operations, within the premises of the mine, of loading for despatch of minerals v in any office of the mine vi in any welfare, health, sanitary or conservancy, services required to be provided under this act, or watch and ward, within the premises of the mine excluding residential area or vii in any kind of work whatsoever which is preparatory or incidental to, or connected with, mining operations i inspector means an inspector of mines appointed under this act, and includes a district magistrate when exercising any power or performing any duty of an inspector which he is empowered by this act to exercise or perform 6 7j mine means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes i all borings, bore holes, oil wells and accessory crude conditioning plants, including the pipe conveying mineral oil within the oilfields ii all shafts, in or adjacent to and belonging to a mine, whether in the course of being sunk or not iii all levels and inclined planes in the course of being driven iv all open cast workings v all conveyors or aerial rope ways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom vi all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine vii all protective works being carried out in or adjacent to a mine viii all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same management ix all power stations, transformer substations, convertor stations, rectifier stations and accumulator storage stations for supplying electricity solely or mainly for the purpose of working the mine or a number of mines under the same management x any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, refuse or other material is being carried on, being premises exclusively occupied by the owner of the mine xi any premises in or adjacent to and belonging to a mine on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on jj minerals means all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying or by any other operation and includes mineral oils which in turn include natural gas and petroleum 8 k office of the mine means an office at the surface of the mine concerned 9kk open cast working means a quarry, that is to say, an excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, not being a shaft or an excavation which extends below superjacent ground l owner, when used in relation to a mine, means any person who is the immediate proprietor or lessee or occupier of the mine or of any part thereof and in the case of a mine the business whereof is being carried on by a liquidator or receiver, such liquidator or receiver10 but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine but 11any contractor or sublessee for the working of a mine or any part thereof shall be subject to this act in like manner as if he were an owner, but not so as to exempt the owner from any liability m prescribed means prescribed by rules, regulations or byelaws, as the case may be 12n qualified medical practitioner means a medical practitioner who possesses any recognised medical qualification as defined in clause h of section 2 of the indian medical council act, of and who is enrolled on a state medical register as defined in clause k of that section o regulations, rules and byelaws mean respectively regulations, rules and byelaws made under this act p where work of the same kind is carried out by two or more sets of persons working during different periods of the day each of such sets is called a relay 13and each of such periods is called a shift 14pp reportable injury means any injury other than a serious bodily injury which involves, or in all probability will involve, the enforced absence of the injured person from work for a period of seventytwo hours or more 15q serious bodily injury means any injury which involves, or in all probability will involve, the permanent loss of any part or section of a body or the use of any part or section of a body, or the permanent loss of or injury to the sight or hearing or any permanent physical incapacity or the fracture of any bone or one or more joints or bones of any phalanges of hand or foot r week means a period of seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the chief inspector or an inspector. 162 a person working or employed in or in connection with a mine is said to be working or employed a below ground if he is working or employed i in a shaft which has been or is in the course of being sunk or ii in any excavation which extends below superjacent ground and b above ground if he is working in an open cast working or in any other manner not specified in clause a. 1. section 2renumbered as subsection 1 thereof by act 62 of , s. 2 w.e.f.. 2. omitted by act 42 of , s. 2 w.e.f. . 3. subs. by s.2, ibid., for clause c w.e.f.. 4. subs. by s.2, ibid., for clause e w.e.f.. 5. subs. by s.2, ibid., for clause h w.e.f . . 6. omitted by act 42 of , s. 2 w.e.f. . 7. subs. by s.2, ibid. for clause j w.e.f . 8. clause jjj omitted by act 42 of , s. 2 w.e.f. . 9. ins. by act 62 of , s. 2 w.e.f. . 10. certain words omitted by act 42 of ,s. 2 w.e.f. . 11. subs. by s. 2, ibid., for any contractor w.e.f. . 12. subs. by s. 2, ibid., for clause n w.e.f. . 13. added by act 62 of , s. 2 w.e.f. . 14. ins. by act 42 of , s. 2 w.e.f. . 15. subs. by s. 2, ibid., for clauses q and r w.e.f. . 16. subs. by act 42 of , s. 4, for section 22 w.e.f. .

section 7. of the mines act : 1the chief inspector and any inspector may a make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act and of the regulations, rules and byelaws and of any orders made thereunder are observed in the case of any mine b with such assistants, if any, as he thinks fit, enter, inspect and examine any mine or any part thereof at any time by day or night: provided that the power conferred by this clause shall not be exercised in such a manner as unreasonably to impede or obstruct the working of any mine c examine into, and make inquiry respecting, the state and condition of any mine or any part thereof, the ventilation of the mine, the sufficiency of the byelaws for the time being in force relating to the mine, and all matters and things connected with or relating to the health, safety and welfare of the persons employed in the mine, and take whether on the precincts of the mine or elsewhere, statements of any person which he may consider necessary for carrying out the purposes of this act d exercise such other powers as may be prescribed by regulations made by the central government in this behalf: provided that no person shall be compelled under this subsection to answer any question or make any statement tending to incriminate himself. 2 the chief inspector and any inspector may, if he has reason to believe, as a result of any inspection, examination or inquiry under this section, that an offence under this act has been or is being committed, search any place and take possession 1of any material or any plan, section, register or other record appertaining to the mine, and the provisions of the 2code of criminal procedure, 2 of shall so far as may be applicable, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under 3section 94 of that code. 1. subs. by act 62 of , s. 5, for of any register or other record w.e.f. . 2. subs by act 42 of , s. 5, for code of criminal procedure, 5 of w.e.f. . 3. subs. by s. 5, ibid., for section 98 w.e.f. .

section 9. of the mines act : every owner, agent and manager of a mine shall afford the chief inspector and every inspector and every person authorised under section 8 all reasonable facilities for making any entry, inspection, survey, measurement, examination or inquiry under this act.

section 5. of the mines act : 1the central government may, by notification in the official gazette, appoint such a person as possesses the prescribed qualifications to be chief inspector of mines for all the territories to which this act extends and such persons as possess the prescribed qualifications to be inspectors of mines subordinate to the chief inspector. 2 no person shall be appointed to be chief inspector or an inspector, or having been appointed shall continue to hold such office, who is or becomes directly or indirectly interested in any mine or mining rights in india. 3 the district magistrate may exercise the powers and perform the duties of an inspector subject to the general or special orders of the central government: provided that nothing in this subsection shall be deemed to empower a district magistrate to exercise any of the powers conferred by 1section 22 or section 22a or section 61. 4the chief inspector and all inspectors shall be deemed to be public servants within the meaning of the indian penal code 45 of . 1. subs. by act 42 of , s. 4, for section 22 w.e.f. .

section 4. of the mines act : in this act, references to time of day are references to indian standard time, being five and a half hours ahead of greenwich mean time: provided that, for any area in which indian standard time is not ordinarily observed, the central government may make rules a specifying the area b defining the local mean time ordinarily observed therein and c permitting such time to be observed in all or any of the mines situated in the area.

section 9a. of the mines act : 19a. facilities to be provided for occupational health survey.1 the chief inspector or an inspector or other officer authorised by him in writing in this behalf may, at any time during the normal working hours of the mine or at any time by day or night as may be necessary, undertake safety and occupational health survey in a mine after giving notice in writing to the manager of the mine and the owner, agent or manager of the mine shall afford all necessary facilities including facilities for the examination and testing of plant and machinery, for the collection of samples and other data pertaining to the survey and for the transport and examination of any person employed in the mine chosen for the survey to such inspector or officer. 2 every person employed in a mine who is chosen for examination in any safety and occupational health survey under subsection 1 shall present himself for such examination and at such place as may be necessary and shall furnish all information regarding his work and health in connection with the said survey. 3 the time spent by any person employed in a mine who is chosen for examination in the safety and occupational health survey, shall be counted towards his working time, so however that any overtime shall be paid at the ordinary rate of wages. explanation.for the purposes of this subsection, ordinary rate of wages means the basic wages plus any dearness allowance and underground allowance and compensation in cash including such compensation, if any, accruing through the free issue of foodgrains and edible oils as persons employed in a mine may, for the time being, be entitled to, but does not include a bonus other than a bonus given as incentive for production or any compensation accruing through the provision of amenities such as free housing, free supply of coal, medical and educational facilities, sickness allowance, supply of kerosene oil, baskets, tools and uniforms. 4 any person who, on examination under subsection 2, is found medically unfit to discharge the duty which he was discharging in a mine immediately before such presentation shall be entitled to undergo medical treatment at the cost of the owner, agent and manager with full wages during the period of such treatment. 5 if, after the medical treatment, the person referred to in subsection 4 is declared medically unfit to discharge the duty which he was discharging in a mine immediately before presenting himself for the said examination and such unfitness is directly ascribable to his employment in the mine before such presentation, the owner, agent and manager shall provide such person with an alternative employment in the mine for which he is medically fit: provided that where no such alternative employment is immediately available, such person shall be paid by the owner, agent and manager disability allowance determined in accordance with the rates prescribed in this behalf: provided further that where such person decides to leave his employment in the mine, he shall be paid by the owner, agent and manager a lump sum amount by way of disability compensation determined in accordance with the rates prescribed in this behalf. 6 the rates under the provisos to subsection 5 shall be determined having regard to the monthly wages of the employees, the nature of disabilities and other related factors. 1. ins. by s. 7, ibid. w.e.f. .

section 13. of the mines act : 1 the committee constituted under subsection 1 of section 12 shall a consider proposals, for making rules and regulations under this act and make appropriate recommendations to the central government b enquire into such accidents or other matters as may be referred to it by the central government from time to time and make reports thereon and c subject to the provisions of subsection 2, hear and decide such appeals or objections against notices or orders under this act or the regulations, rules or byelaws thereunder, as are required to be referred to it by this act or as maybe prescribed. 2 the chief inspector shall not take part in the proceedings of the committee with respect to any appeal or objection against an order or notice made or issued by him or act in relation to any matter pertaining to such appeal or objection as a member of the committee.

section 3. of the mines act : 13. act not to apply in certain cases.1 the provisions of this act, except those contained in 2sections 7,8,9,40,45 and 46 shall not apply to a any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use or sale: provided that i not more than twenty persons are employed on any one day in connection with any such excavation ii the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres or, in the case of an excavation for coal, fifteen metres and iii no part of such excavation extends below superjacent ground or b any mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel, shingle, ordinary sand excluding moulding sand, glass sand and other mineral sands, ordinary clay excluding kaolin, china clay, white clay or fire clay, building stone, 3slate, road metal, earth, fullers earth, 3, marl, chalk and lime stone: provided that i the workings do not extend below superjacent ground or ii where it is an open cast working a the depth of the excavation measured from its highest to its lowest point nowhere exceeds six metres b the number of persons employed on any one day does not exceed fifty and c explosives are not used in connection with the excavation. 2 notwithstanding anything contained in subsection 1, the central government may, if it is satisfied that, having regard to the circumstances obtaining in relation to a mine or part thereof or group or class of mines, it is necessary or desirable so to do, by notification in the official gazette, declare that any of the provisions of this act, not set out in subsection 1, shall apply to any such mine or part thereof or group or class of mines or any class of persons employed therein. 3 without prejudice to the provisions contained in subsection 2, if at any time any of the conditions specified in the proviso to clause a or clause b of subsection 1 is not fulfilled in relation to any mine referred to in that subsection, the provisions of this act notset out in subsection 1, shall become immediately applicable, and it shall be the duty of the owner, agent or manager of the mine to inform the prescribed authority in the prescribed manner and within the prescribed time about the nonfulfilment. 1. subs. by s. 3, ibid., for s. 3 w.e.f. . 2. subs. by act 42 of , s. 3, for sections 7, 8, 9, 44, 45 and 46 w.e.f. . 3. ins. by s. 3, ibid. w.e.f. .

section 6. of the mines act : 16. functions of inspectors.1the chief inspector may, with the approval of the central government and subject to such restrictions or conditions as he may think fit to impose, by order in writing, authorise any inspector named or any class of inspectors specified in the order to exercise such of the powers of the chief inspector under this act other than those relating to appeals as he may specify. 2the chief inspector may, by order in writing, prohibit or restrict the exercise by any inspector named or any class of inspectors specified in the order of any power conferred on inspectors under this act. 3subject to the other provisions contained in this section, the chief inspector shall declare the local area or areas within which or the group or class of mines with respect to which inspectors shall exercise their respective powers. 1. subs. by act 62 of . s. 4, for s. 6 w.e.f. .

section 15. of the mines act : the central government may direct that the expenses of any inquiry conducted by 1a committee constituted under section12 shall be borne in whole or in part by the owner or agent of the mine concerned, and the amount so directed to be paid may, on application by the chief inspector or an inspector to a magistrate having jurisdiction at the place where the mine is situated or where such owner or agent is for the time being resident, be recovered by the distress and sale of any movable property within the limits of the magistrates jurisdiction belonging to such owner or agent: provided that the owner or his agent has not paid the amount within six weeks from the date of receiving the notice from the central government or the chief inspector of mines. 1. subs. by act 42 of , s. 11, for certain words w.e.f. .

section 10. of the mines act : 1 all copies of, and extracts from, registers or other records appertaining to any mine and all other information acquired by the chief inspector or an inspector or by any one assisting him, in the course of the inspection 1or survey of any mine under this act or acquired by any person authorised under section 8 1or section 9a in the exercise of his duties thereunder, shall be regarded as confidential and shall not be disclosed to any person or authority unless the chief inspector or the inspector considers disclosure necessary to ensure the health, safety or welfare of any person employed in the mine or in any other mine adjacent thereto. 2 nothing in subsection 1 shall apply to the disclosure of any such information if so required to a any court 2b a committee or court of inquiry constituted or appointed under section 12 or section 24 as the case may be c an official superior or the owner, agent or manager of the mine concerned d a commissioner for workmens compensation appointed under the workmens compensation act, 8 of 3e the controller, indian bureau of mines f any registered or recognised trade union g such other officer, authority or organisation as may be specified in this behalf by the central government. 3 if the chief inspector, or an inspector or any other person referred to in subsection 1 discloses, contrary to the provisions of this section, any such information as aforesaid without the consent of the central government, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 4 no court shall proceed to the trial of any offence under this section except with the previous sanction of the central government. 1. ins. by act 42 of , s. 8 w.e.f. . 2. subs. by s. 8, ibid., for clause b w.e.f. . 3. subs. by s. 8, ibid., for clause e w.e.f. .

section 11. of the mines act : 1 the central government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this act within such local limits or for such mine or class or description of mines as it may assign to them respectively. 2 subject to such conditions as the central government may think fit to impose, a certifying surgeon may, with the approval of the central government, authorise any qualified medical practitioner to exercise all or any of his powers under this act for such period as the certifying surgeon may specify, and references to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised. 3 no person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or, having been so appointed or authorised, continue to exercise such powers, who is or becomes the owner, agent or manager of a mine, or is or becomes directly or indirectly interested therein, or in any process or business carried on therein or in any patent or machinery connected therewith, or is otherwise in the employment of the mine. 4 the certifying surgeon shall carry out such duties as may be prescribed in connection with 1 b the examination of persons engaged in a mine in such dangerous occupations or processes as may be prescribed c the exercise of such medical supervision as may be prescribed for any mine or class or description of mines where i cases of illness have occurred which it is reasonable to believe are due to the nature of any process carried on or other conditions of work prevailing in the mine 1 1. omitted by act 42 of , s. 9 w.e.f. .

section 12. of the mines act : 1the central government shall, with effect from such date as that government may, by notification in the official gazette, specify in this behalf, constitute for the purposes of this act, a committee consisting of a a person in the service of the government, not being the chief inspector or an inspector, appointed by the central government to act as chairman b the chief inspector of mines c two persons to represent the interests of miners appointed by the central government d two persons to represent the interests of owners of mines appointed by the central government e two qualified mining engineers not directly employed in the mining industry, appointed by the central government: provided that one at least of the persons appointed under clause c shall be for representing the interests of workers in coal mines and one at least of the persons appointed under clause d shall be for representing the interests of owners of coal mines. 2 without prejudice to the generality of subsection 1, the central government may constitute one or more committees to deal with specific matters relating to any part of the territories to which this act extends or to a mine or a group of mines and may appoint members thereof and the provisions of subsection 1 except the proviso thereto shall apply for the constitution of any committee under this subsection as they apply for the constitution of a committee under that subsection. 3 no act or proceeding of a committee shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.

section 16. of the mines act : 1 the owner, agent or manager of a mine shall, before the commencement of any mining operation, give to the chief inspector, the 1controller, indian bureau of mines and the district magistrate of the district in which the mine is situate, notice in writing in such form and containing such particulars relating to the mine as may be prescribed. 2 any notice given under subsection 1 shall be so given as to reach the persons concerned at least one month before the commencement of any mining operation. 1. subs. by. act 42 of , s. 12, for director w.e.f. .

section 14., of the committees. of the mines act : 1a committee constituted under section 12 may exercise such of the powers of an inspector under this act as it thinks necessary or expedient to exercise for the purposes of discharging its functions under this act. 2 a committee constituted under section 12 shall, for the purposes of discharging its functions, have the same powers as are vested in a court under the code of civil procedure, 5 of when trying a suit in respect of the following matters, namely: a discovery and inspection b enforcing the attendance of any person and examining him on oath c compelling the production of documents and d such other matters as may be prescribed.

section 17. of the mines act : 117.managers.1 save as may be otherwise prescribed, every mine shall be under a sole manager who shall have the prescribed qualification and the owner or agent of every mine shall appoint a person having such qualification to be the manager: provided that the owner or agent may appoint himself as manager if he possesses the prescribed qualifications. 2 subject to any instructions given to him by or on behalf of the owner or agent of the mine, the manager shall be responsible for the overall management, control, supervision and direction of the mine and all such instructions when given by the owner or agent shall be confirmed in writing forthwith. 3 except in case of an emergency, the owner or agent of a mine or anyone on his behalf shall not give, otherwise than through the manager, instructions affecting the fulfilment of his statutory duties, to a person, employed in a mine, who is responsible to the manager. 1. subs. by s. 13, ibid., for subsections 17 and 18 w.e.f. .

section 18. of the mines act : 118. duties and responsibilities of owners, agents and managers.1 the owner and agent of every mine shall each be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this act and the regulations, rules, byelaws and orders made thereunder. 2 the responsibility in respect of matters provided for in the rules made under clauses d, e and p of section 58 shall be exclusively carried out by the owner and agent of the mine and by such person other than the manager whom the owner or agent may appoint for securing compliance with the aforesaid provisions. 3 if the carrying out of any instructions given under subsection 2 or given otherwise than through the manager under subsection 3 of section 17, results in the contravention of the provisions of this act or of the regulations, rules, byelaws or orders made thereunder, every person giving such instructions shall also be liable for the contravention of the provisions concerned. 4 subject to the provisions of subsections 1, 2 and 3, the owner, agent and manager of every mine shall each be responsible to see that all operations carried on in connection with the mine are conducted in accordance with the provisions of this act and of the regulations, rules, byelaws and orders made thereunder. 5 in the event of any contravention by any person whosoever of any of the provisions of this act or of the regulations, rules, byelaws or orders made thereunder except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, each of the following persons shall also be deemed to be guilty of such contravention unless he proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention: i the official or officials appointed to perform duties of supervision in respect of the provisions contravened ii the manager of the mine iii the owner and agent of the mine iv the person appointed, if any, to carry out the responsibility under subsection 2: provided that any of the persons aforesaid may not be proceeded against if it appears on inquiry and investigation,that he is not prima facie liable. 6 it shall not be a defence in any proceedings brought against the owner or agent of a mine under this section that the manager and other officials have been appointed in accordance with the provisions of this act or that a person to carry the responsibility under subsection 2 has been appointed. 1. subs. by s. 13, ibid., for subsections 17 and 18 w.e.f. .

section 23. of the mines act : 11whenever there occurs in or about a mine a an accident causing loss of life or serious bodily injury, or b an explosion, ignition, spontaneous heating, outbreak of fire or irruption or inrush of water or other liquid matter, or c an influx of inflammable or noxious gases, or d a breakage of ropes, chains or other gear by which persons or materials are lowered or raised in a shaft or an incline, or e an overwinding of cages or other means of conveyance in any shaft while persons or materials are being lowered or raised, or f a premature collapse of any part of the working, or g any other accident which may be prescribed, the owner, agent or manager of the mine shall give notice of the occurrence to such authority in such form and within such time as may be prescribed, and he shall simultaneously post one copy of the notice on a special notice board in the prescribed manner at a place where it may be inspected by trade union officials, and shall ensure that the notice is kept on the board for not less than fourteen days from the date of such posting. 2la whenever there occurs in or about a mine an accident causing reportable injury to any person, the owner agent or manager of the mine shall enter in a register such occurrence in the prescribed form and copies of such entries shall be furnished to the chief inspector once in a quarter. 2 where a notice given under subsection 1 relates to an accident causing loss of life, the authority shall make an inquire into the occurrence within two months of the receipt of the notice and, if the authority is not the inspector, he shall cause the inspector to make an inquiry within the said period. 33 the central government may, by notification in the official gazette, direct that accidents other than those specified in subsections 1 and la which cause bodily injury resulting in the enforced absence from work of the person injured for a period exceeding twentyfour hours shall be entered in a register in the prescribed form or shall be subject to the provisions of subsection 1 or subsection la, as the case may be. 4 a copy of the entries in the register referred to in subsection 3 shall be sent by the owner, agent, or manager of the mine, 4on or before the 20th day of january in the year following that to which the entries relate, to the chief inspector. 25 whenever there occurs in or about a mine an accident causing loss of life or serious bodily injury to any person, the place of accident shall not be disturbed or altered before the arrival or without the consent of the chief inspector or the inspector to whom notice of the accident is required to be given under subsection 1 of section 23, unless such disturbance or alteration is necessary to prevent any further accident, to remove bodies of the deceased, or to rescue any person from danger, or unless discontinuance of work at the place of accident would seriously impede the working of the mine: provided that where the chief inspector or the said inspector fails to inspect the place of accident within seventytwo hours of the time of the accident, work may be resumed at the place of the accident. 1. subs. by act 62 of , s. 12, for subsection 1 w.e.f. . 2. ins. by act 42 of , s. 17 w.e.f. . 3. subs. by s. 17, ibid., for subsection 3 w.e.f. . 4. subs. by act 62 of , s. 12, for certain words w.e.f. .

section 19. of the mines act : 11 in every mine effective arrangements shall be made to provide and maintain at suitable points conveniently situated a sufficient supply of cool and wholesome drinking water for all persons employed therein: provided that in the case of persons employed below ground the chief inspector may, in lieu of drinking water being provided and maintained at suitable points, permit any other effective arrangements to be made for such supply. 2 all such points shall be legibly marked drinking water in a language understood by a majority of the persons employed in the mine and no such point shall be situated within 2six meters of any washing place urinal or latrine unless a shorter distance is approved in writing by the chief inspector. 3 in respect of all mines or any class or description of mines, the central government may make rules for securing compliance with the provisions of subsections 1 and 2 and for the examination by prescribed authorities of the supply and distribution of drinking water. 1. subs. by act 62 of , s. 10, for subsection 1 w.e.f. . 2. subs. by act 42 of , s. 14, for twenty feet w.e.f. .

section 20. of the mines act : 1 there shall be provided, separately for males and females in every mine, a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to persons employed in the mine at all times. 2 all latrines and urinals provided under subsection 1 shall be adequately lighted, ventilated and at all times maintained in a clean and sanitary condition. 3 the central government may specify the number of latrines and urinals to be provided in any mine, in proportion to the number of males and females employed in the mine and provide for such other matters in respect of sanitation in mines including the obligations in this regard of persons employed in the mine as it may consider necessary in the interests of the health of the persons so employed.

section 24. of the mines act : 11when any accident of the nature referred to in any of the clauses of subsection 1 of section 23 occurs in or about a mine, the central government may, if it is of opinion that a formal inquiry into the causes of and circumstances attending the accident ought to be held, appoint a competent person to hold such inquiry and may also appoint one or more persons possessing legal or special knowledge to act as assessor or assessors in holding the inquiry. 2 the person appointed to hold any such inquiry shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects 2 . 3 any person holding an inquiry under this section may exercise such of the powers of an inspector under this act as he may think it necessary or expedient to exercise for the purposes of the inquiry. 4 the person holding an inquiry under this section shall make a report to the central government stating the causes of the accident and its circumstances, and adding any observations which he or any of the assessors may think fit to make. 1. subs. by act 62 of , s. 13, for subsection 1 w.e.f. . 2. certain words omitted by s. 13, ibid. w.e.f. .

section 21. of the mines act : 121. medical appliances.1 in every mine there shall be provided and maintained so as to be readily accessible during all working hours such number of firstaid boxes or cupboards equipped with such contents as may be prescribed. 2 nothing except the prescribed contents shall be kept in a firstaid box or cupboard or room. 3 every firstaid box or cupboard shall be kept in the charge of a responsible person who is trained in such firstaid treatment as may be prescribed and who shall always be readily available during the working hours of the mine. 4 in every mine there shall be made so as to be readily available such arrangements as may be prescribed for the conveyance to hospitals or dispensaries of persons who, while employed in the mine, suffer bodily injury or become ill. 5 in every mine wherein more than one hundred and fifty persons are employed, there shall be provided and maintained a firstaid room of such size with such equipment and in the charge of such medical and nursing staff as may be prescribed. 1. subs. by act 62 of , s. 11, for sections 21 and 22 w.e.f. .

section 22. of the mines act : 1 if, in respect of any matter for which no express provision is made by or under this act, it appears to the chief inspector or an inspector that any mine or part thereof or any matter, thing or practice in or connected with the mine, or with the control, supervision, management or direction thereof, is dangerous to human life or safety or defective so as to threaten, or tend to, the bodily injury of any person, he may give notice in writing thereof to the owner, agent or manager of the mine and shall state in the notice the particulars in respect of which he considers the mine or part thereofor the matter, thing or practice to be dangerous or defective and require the same to be remedied within such time and in such manner as he may specify in the notice. la where the owner, agent or manager of mine fails to comply with the terms of a notice given under subsection 1 within the period specified therein, the chief inspector or the inspector, as the case may be, may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for securing compliance with the terms of the notice. 2 without prejudice to the provisions contained in subsection 1, the chief inspector or the inspector, as the case may be, may, by order in writing addressed to the owner, agent or manager of a mine, prohibit the extraction or reduction of pillars or blocks of minerals in any mine or part thereof, if, in his opinion, such operation is likely to cause the crushing of pillars or blocks of minerals or the premature collapse of any part of the workings or otherwise endanger the mine or the life or safety of persons employed therein or if, in his opinion, adequate provision against the outbreak of fire or flooding has not been made by providing for the sealing off and isolation of the part of the mine in which such operation is contemplated and for restricting the area that might be affected by fire or flooding. 3 if the chief inspector, or an inspector authorised in this behalf by general or special order in writing by the chief inspector, is of opinion that there is urgent and immediate danger to the life or safety of any person employed in any mine or part thereof, he may, by order in writing containing a statement of the grounds of his opinion, prohibit, 1until he is satisfied that the danger is removed, the employment in or about the mine or any part thereof of any person whose employment is not in his opinion reasonably necessary for the purpose of removing the danger. 23a every person whose employment is prohibited under subsection la or subsection 3 shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition in employment and the owner, agent or manager shall be liable for payment of such full wages of that person: provided that the owner, agent or manager may instead of paying such full wages provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited. 4 where a notice has been given under subsection 1 or an order made under subsection la, subsection 2 or subsection 3 by an inspector, the owner, agent or manager of the mine may, within ten days after the receipt of the notice or order, as the case may be, appeal against the same to the chief inspector who may confirm, modify or cancel the notice or order. 5 the chief inspector or the inspector sending a notice under subsection 1 or making an order under subsection la, subsection 2 or subsection 3 and the chief inspector making an order other than an order of cancellation in appeal under subsection 4 shall forthwith report the same to the central government. 6 if the owner, agent or manager of the mine objects to a notice sent under subsection 1 by the chief inspector or to an order made by the chief inspector under subsection la or subsection 2 or subsection 3 or subsection 4, he may, within twenty days after the receipt of the notice containing the requisition or of the order or after the date of the decision on appeal, as the case may be, send his objection in writing stating the grounds thereof to the central government 3which shall, ordinarily within a period of two months from the date of receipt of the objection, refer the same to a committee. 7 every notice under subsection 1, or order under subsection la, subsection 2, subsection 3 or subsection 4, to which objection is made under subsection 6, shall be complied with, pending the receipt at the mine of the decision of the committee: provided that the committee may, on the application of the owner, agent or manager, suspend the operation of a 4notice under subsection 1, pending its decision on the objection. 8 nothing in this section shall affect the powers of a magistrate under section 144 of the 5code of criminal procedure, 5 of . 1. subs. by act 42 of , s. 15, for until the danger is removed w.e.f. . 2. ins. by s. 15, ibid. w.e.f. . 3. subs. by act 42 of , s. 15, for which shall refer w.e.f. . 4. subs. by s. 15, ibid., for requisition w.e.f. . 5. see now the code of criminal procedure, 2 of .

section 25. of the mines act : 1 where any person employed in mine contracts any diseasenotified by the central government in the official gazette as a disease connected with mining operations, the owner, agent or manager of the mine, as the case may be, shall send notice thereof to the chief inspector and to such other authorities, in such form and within such time as may be prescribed. 2 if any medical practitioner attends on a person who is or has been employed in a mine and who is or is believed by the medical practitioner to be suffering from any disease notified under subsection 1, the medical practitioner shall without delay send a report in writing to the chief inspector stating a the name and address of the patient, b the disease from which the patient is or is believed to be suffering, and c the name and address of the mine in which the patient is or was lastemployed. 3 where the report under subsection 2 is confirmed to the satisfaction of the chief inspector by the certificate of a certifying surgeon or otherwise that the person is suffering from a disease notified under subsection 1, the chief inspector shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the owner, agent or manager of the mine in which the person contacted the disease. 4 if any medical practitioner fails to comply with the provisions of subsection 2, he shall be punishable with fine which may extend to fifty rupees.

section 22a. of the mines act : 122a. power to prohibit employment in certain cases.1where in respect of any matter relating to safety for which express provision is made by or under this act, the owner, agent or manager of a mine fails to comply with such provisions, the chief inspector may give notice in writing requiring the same to be complied with within such time as he may specify in the notice or within such extended period of time as he may, from time to time, specify thereafter. 2 where the owner, agent or manager fails to comply with the terms of a notice given under subsection 1 within the period specified in such notice or, as the case may be, within the extended period of time specified under that subsection, the chief inspector may, by order in writing, prohibit the employment in or about the mine or any part thereof of any person whose employment is not, in his opinion, reasonably necessary for securing compliance with the terms of the notice. 3 every person whose employment is prohibited under subsection 2, shall be entitled to payment of full wages for the period for which he would have been, but for the prohibition, in employment, and the owner, agent or manager shall be liable for payment of such full wages of that person: provided that the owner, agent or manager may, instead of paying such full wages, provide such person with an alternative employment at the same wages which such person was receiving in the employment which was prohibited under subsection 2. 4 the provisions of subsections 5, 6 and 7 of section 22 shall apply in relation to a notice issued under subsection 1 or an order made under subsection 2 of this section as they apply in relation to a notice under subsection 1 or an order under subsection la of that section. 1. ins. by act 42 of , s. 16 w.e.f. .

section 33. of the mines act : 11 where in a mine a person works above ground for more than nine hours in any day, or works below ground for more than eight hours in any day or works for more than fortyeight hours in any week whether above ground or below ground, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages, the period of overtime work being calculated on a daily basis or weekly basis, whichever is more favourable to him and 22 where any person employed in a mine is paid on piecerate basis, the timerate shall be taken as equivalent to the daily average of his fulltime earnings for the days on which he actually worked during the week immediately preceding the week in which overtime work has been done, exclusive of any overtime, and such timerate shall be deemed to be the ordinary rate of wages of such person: provided that if such person has not worked in the preceding week on the same or identical job, the timerate shall be based on the average for the days he has worked in the same week excluding the overtime or on the daily average of his earnings in any preceding week, whichever is higher. explanation.for the purposes of this section, ordinary rate of wages shall have the same meaning as in the explanation to sub section 3 of section 9a. 4 the central government may prescribe the registers to be maintained in a mine for the purpose of securing compliance with the provisions of this section. 1. subs. by s. 17, ibid., for subsection 1 w.e.f. . 2. subs. by act 42 of , s. 19, for subsections 2 and 3 w.e.f. .

section 28. of the mines act : no person shall be allowed to work in a mine on more than six days in any one week.

section 27. of the mines act : the central government may cause any report submitted by a committee under 1section 12 or any report of extracts from any report submitted to it under section 26, and shall cause every report submitted by a court of inquiry under section 24 to be published at such time and in such manner as it may think fit. 1. subs. by act 42 of , s. 18, for section 13 w.e.f. .

section 29. of the mines act : 1 where in pursuance of action under section 38 or as a result of exempting any mine or the persons employed therein from the provisions of section 28, any person employed therein is deprived of any of the weekly days of rest for which provision is made in section 28, he shall be allowed, within the month in which such days of rest were due to him or within the two months immediately following that month, compensatory days of rest equal in number to the days of rest of which he has been deprived. 2 the central government may prescribe the manner in which the days of rest for which provision is made in subsection 1 shall be allowed.

section 26. of the mines act : 1the central government may, if it considers it expedient to do so, appoint a competent person to inquire into and report to it on any case where a disease notified under subsection 1 of section 25 has been or is suspected to have been contacted in a mine, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. 2 the provisions of subsections 2 and 3 of section 24 shall apply to an inquiry under this section in the same manner as they apply to any inquiry under that section.

section 32. of the mines act : 132.night shift.where a person employed in a mine works on a shift which extends beyond midnight a for the purposes of sections 28 and 29, a weekly day of rest shall mean in his case a period of twentyfour consecutive hours beginning when his shift ends b the following day for him shall be deemed to be the period of twentyfour hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. 1. subs. by act 62 of , s. 16, for section 32 w.e.f. .

section 36. of the mines act : 1the manager of every mine shall cause to be posted outside the office of the mine a notice in the prescribed form stating the time of the commencement and of the end of work at the mineand, if it is proposedto work by a system of relays, the time of the commencement and of the end of work for each relay. 2 in the case of a mine at which mining operations commence after the commencement of this act, the notice referred to in subsection 1 shall be posted not less than seven days before the commencement of work. 3 the notice referred to in subsection 1 shall also state the time of the commencement and of the intervals for rest for persons employed above ground and a copy thereof shall be sent to the chief inspector, if he so requires. 4 where it is proposed to make any alteration in the time fixed for the commencement or for the end of work in the mine generally or for any relay or in the rest intervals fixed for persons employed above ground, an amended notice in the prescribed form shall be posted outside the office of the mine not less than seven days before the change is made, and a copy of such notice shall be sent to the chief inspector not less than seven days before such change. 5 no person shall be allowed to work in a mine otherwise than in accordance with the notice required by subsection 1.

section 30. of the mines act : 1 no adult employed above ground in a mine shall be required or allowed to work for more than fortyeight hours in any week or for more than nine hours in any day: 1provided that, subject to the previous approval of the chief inspector, the daily maximum hours specified in this subsection may be exceeded in order to facilitate the change of shifts. 2 the periods of work of any such adult shall be so arranged that, along with his interval for rest, they shall not in any day spread over more than twelve hours, and that he shall not work for more than five hours continuously before he has had an interval for rest of at least half an hour: 2provided that the chief inspector may, for reasons to be recorded in writing and subject to such conditions as he may deem fit to impose, permit the spreadover to extend over a period not exceeding fourteen hours in any day. 33 persons belonging to two or more shifts shall not be allowed to do work of the same kind above ground at the same time: provided that, for the purposes of this subsection, persons shall not be deemed to belong to separate shifts by reason only of the fact that they receive their intervals for rest at different times. 1. the proviso added by act 62 of , s. 14 w.e.f. . 2. subs. by s. 14,ibid., for the proviso w.e.f. . 3. subs. by s. 14, ibid., for subsection 3 w.e.f. .

section 31. of the mines act : 131. hours of work below ground.1no adult employed below ground in a mine shall be allowed to work for more than fortyeight hours in any week or for more than eight hours in any day: provided that, subject to the previous approval of the chief inspector, the daily maximum hours specified in this subsection may be exceeded in order to facilitate the change of shifts. 2 no work shall be carried on below ground in any mine except by a system of shifts so arranged that the period of work for each shift is not spreadover more than the daily maximum hours stipulated in subsection 1. 3 no person employed in a mine shall be allowed to be present in any part of a mine below ground except during the periods of work shown in respect of him in the register maintained under subsection 4 of section 48. 1. subs. by s. 15, ibid., for section 31 w.e.f. .

section 37. of the mines act : nothing in section 28, section 30, section 31, section 34 or 1subsection 5 of section 36, shall apply to persons who may by rules be defined to be, persons, holding positions of supervision or management or employed in a confidential capacity. 1. subs. by act 42 of , s. 4 and the third schedule, for subsection 4 of section 36.

section 34. of the mines act : 134.prohibition of employment of certain persons.no person shall be required or allowed to work in a mine if he has already been working in any other mine within the preceding twelve hours. 1. subs. by act 62 of , s. 18, for section 34 w.e.f. .

section 35. of the mines act : 135.limitation of daily hours of work including overtime work.save in respect of cases falling within clause a andclause e of section 39, no person employed in a mine shall be required or allowed to work in the mine for more than ten hours in any day inclusive of overtime. 1. subs. by s. 19, ibid., for section 35 w.e.f. .

section 39. of the mines act : 139.power to make exempting rules.,2the central government may make rules providing for for the exemption to such extent, in such circumstances and subject to such conditions as may be specified, from the provisions of sections 28, 30, 31, 34 or subsection 5 of section 36 a of all or any of the persons employed in a mine, where an emergency involving serious risk to the safety of the mine or of the persons employed therein is apprehended b of all or any of the persons so employed, in case of an accident, actual or apprehended c of all or any of the persons engaged in work of a preparatory or complementary nature, which must necessarily be carried on for the purpose of avoiding serious interference with the ordinary working of the mine d of all or any of the persons engaged in urgent repairs and e of all or any of the persons employed in any work which for technical reasons must be carried on continuously. 1. subs. by s. 21,ibid., for section 39 w.e.f. . 2. subs. by act 42 of , s. 21, for certain words w.e.f. .

section 38. of the mines act : 1 in case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, or in case of any act of god or in case of any urgent work to be done to machinery, plant or equipment of the mine as the result of breakdown of such machinery, plant or equipment, the manager may, subject to the provisions of section 22 2and section 22a and in accordance with the rules under section 39, permit persons to be employed in contravention of section 28, section 30, section 31, section 34 or 1subsection 5 of section 36, on such work as may be necessary to protect the safety of the mine or of the persons employed therein: provided that, in case of any urgent work to be done to machinery, plant or equipment under this section the manager may take the action permitted by this section, although the production of 3mineral would thereby be incidentally affected, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary working of the mine. 2 every case in which action has been taken by the manager under subsection 1, shall be recorded together with the circumstances relating thereto and a report thereof shall also be made to the chief inspector or the inspector. 1. subs. by act 42 of , s. 4 and the third schedule, for subsection 4 of section 36. 2. ins. by act 42 of , s.20 w.e.f.. 3. subs. by act 62 of , s. 20, for coal w.e.f. .

section 40. of the mines act : 140. employment of persons below eighteen years of age.1after the commencement of the the mines amendment act, 42 of , no person below eighteen years of age shall be allowed to work in any mine or part thereof. 2 notwithstanding anything contained in subsection 1, apprentices and other trainees, not below sixteen years of age, may be allowed to work, under proper supervision, in a mine or part thereof by the manager: provided that in the case of trainees, other than apprentices, prior approval of the chief inspector or an inspector shall be obtained before they are allowed towork. explanation.in this section and in section 43, apprentice means an apprentice as defined in clause a of section 2 of the apprentices act, 52 of . 1. subs. bys. 22,ibid., for section 40 w.e.f. .

section 45. of the mines act : 145. prohibition of the presence of persons below eighteen years of age in a mine.subject to the provisions of subsection 2 of section 40, after such date as the central government may, by notification in the official gazette, appoint in this behalf, no person below eighteen years of age shall be allowed to be present in any part of a mine above ground where any operation connected with or incidental to any mining operation is being carried on. 1. subs. by s. 26, ibid., for section 45 w.e.f. .

section 41.. of the mines act : certificate of fitness. omitted by the mines amendment act 42 of , s. 23 w.e.f. .

section 43. of the mines act : 143. power to require medical examination.1 where an inspector is of opinion that any person employed in a mine otherwise than as an apprentice or other trainee is not an adult or that any person employed in a mine as an apprentice or other trainee is either below sixteen years of age or is no longer fit to work, the inspector may serve on the manager of the mine a notice requiring that such person shall be examined by a certifying surgeon and such person shall not, if the inspector so directs, be employed or permitted to work in any mine until he has been so examined and has been certified that he is an adult or, if such person is an apprentice or trainee, that he is not below sixteen years of age and is fit to work. 2 every certificate granted by a certifying surgeon on a reference under subsection 1, shall, for the purpose of this act, be conclusive evidence of the matters referred therein. 1. subs. by act 42 of , s. 24, for section 43 w.e.f. .

section 42.. of the mines act : effect of certificate of fitness granted to adolescents. omitted by s. 23, ibid. w.e.f. .

section 44.. of the mines act : working hours for adolescents notcertified to be fit for work as adults. omitted by the mines amendment act 42 of ,s. 25 w.e.f..

section 46. of the mines act : 146. employment of women.1no woman shall, notwithstanding anything contained in any other law, be employed a in any part of a mine which is below ground b in any mine above ground except between the hours of 6 a.m. and 7 p.m. 2 every woman employed in a mine above ground shall be allowed an interval of not less than eleven hours between the termination of employment on any one day and the commencement of the next period of employment. 3 notwithstanding anything contained in subsection 1, the central government may, by notificationin the official gazette, vary the hours of employment above ground of women in respect of any mine or class or description of mine, so however that no employment of any woman between the hours of 10 p.m. and 5 a.m. is permitted thereby. 1. subs. by act 62 of , s. 27, for section 46 w.e.f. .

section 51. of the mines act : 151. calendar year defined.for the purposes of this chapter, a calendar year shall mean the period of twelve months beginning with the first day of january in any year. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 52. of the mines act : 152. annual leave with wages.1every person employed in a mine who has completed a calendar years service therein shall be allowed, during the subsequent calendar year, leave with wages, calculated, a in the case of a person employed below ground, at the rate of one day for every 2fifteen days of work performed by him, and b in any other case, at the rate of one day for every twenty days of work performed by him. 2 a calendar years service referred to in subsection 1 shall be deemed to have been completed, a in the case of a person employed below ground in a mine,if he has during the calendar year put in not less than one hundred and ninety attendances at the mine and b in the case of any other person, if he has during the calendar year put in not less than two hundred and forty attendances at the mine. explanation.for the purpose of this subsection a any days of layoff by agreement or contract or as permissible under the standing order b in the case of a female employee, maternity leave for any number of days not exceeding twelve weeks and c the leave earned in the year prior to that in which the leave is enjoyed shall be deemed to be the days on which the employee has worked in a mine for the purpose of computation of the attendances, but he shall not earn leave for these days. 3 a person whose service commences otherwise than on the first day of january shall be entitled to leave with wages in the subsequent calendar year at the rates specified in subsection 1, if a in the case of a person employed below ground in a mine, he has put in attendances for not less than onehalf of the total number of days during the remainder of the calendar year and b in any other case, he has put in attendances for not less than twothirds of the total number of days during the remainder of the calendar year. 4 any leave not taken by a person to which he is entitled in any one calendar year under subsection 1 or subsection 3 shall be added to the leave to be allowed to him under subsection 1 during the succeeding calendar year: provided that the total number of days of leave which may be accumulated by any such person shall not at any one time exceed thirty days in all: provided further that any such person who has applied for leave with wages but has not been given such leave in accordance with subsection 6 shall be entitled to carry forward the unavailed leave without any limit. 5 any such person may apply in writing to the manager of the mine not less than fifteen days before the day on which he wishes his leave to begin, for all leave or any portion thereof then allowable to him under subsections 1, 3 and 4: provided that the number of times in which leave may be taken during any one calendar year shall not exceed three. 6 an application for such leave made in accordance with subsection 5 shall not be refused unless the authority empowered to grant the leave is of opinion that owing to the exigencies of the situation the leave should be refused. 7 if a person employed in a mine wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in subsection 5. 8 if the employment of a person employed in a mine is terminated by the owner, agent or manager of the mine before he has taken the entire leave to which he is entitled up to the day of termination of his employment, or if such person having applied for and having not been granted such leave, quits his employment before he has taken the leave, the owner, agent or manager of the mine shall pay him the amount payable under section 53, in respect of the leave not taken, and such payment shall be made, where the employment of the person is terminated by the owner, agent or manager, before the expiry of the second working day after such termination, and where a person himself quits his employment, on or before the next pay day. 9 the unavailed leave of a person employed in a mine shall not be taken into consideration in computing the period of any notice required to be given before the termination of his employment. 310 where a person employed in a mine is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, he or his heirs or his nominee, as the case may be, shall be entitled to wages in lieu of leave due to him calculated at the rate specified in subsection 1, if, a in the case of a person employed below ground in a mine, he has put in attendance for not less than onehalf of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment or superannuation or death and b in any other case, he has put in attendance for not less than twothirds of the total number of days from the date of his employment to the date of his discharge or dismissal or quitting of employment or superannuation or death, and payment of such wages shall be made by the owner, agent or manager of the mine at the rate specified in section53, where the person is discharged or dismissed from service or quits employment or is superannuated, before the expiry of the second working day after such discharge, dismissal, quitting of employment or superannuation, as the case may be, and where the person employed dies while in service, within a period of two months of his death. explanation.for the purposes of 4subsections 1,3 and 10 any fraction of leave of half a day or more shall be treated as one full day and fraction of less than half a day shall be omitted. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. . 2. subs. by s. 29, ibid., for sixteen days w.e.f. . 3. ins. by act 42 of , s. 29 w.e.f. . 4. subs. by act 42 of , s. 29, for subsections 1 and 3 w.e.f. .

section 47.. of the mines act : disputes as to age. omitted by the mines amendment act, 62 of , s. 28 w.e.f. .

section 48. of the mines act : 11for every mine there shall be kept in the prescribed form and place a register of all persons employed in the mine showing in respect of each such person a the name of the employee with the name of his father or, of her husband, as the case may be, and such other particulars as may be necessary for purposes of identification b the age and sex of the employee c the nature of employment whether above ground or below ground, and if above ground, whether in open cast workings or otherwise and the date of commencement thereof 2 e such other particulars as may be prescribed and the relevant entries shall be authenticated by the signature or the thumb impression of the person concerned. 2 the entries in the register prescribed by subsection 1 shall be such that workers working in accordance therewith would not be working in contravention of any of the provisions of this chapter. 3 no person shall be employed in a mine until the particulars required by subsection 1 have been recorded in the register in respect of such person and no person shall be employed except during the periods of work shown in respect of him in the register. 34 for every mine other than a mine which, for any special reason to be recorded, is exempted by the central government by general or special order, there shall be kept in the prescribed form and place separate registers showing in respect of each person employed in the mine a below ground b above ground in open cast workings and c above ground in other cases i the name of the employee ii the class or kind of his employment iii where work is carried on by a system of relays, the shift to which he belongs and the hours of the shift. 5 the register of persons employed below ground referred to in subsection 4 shall show at any moment the name of every person who is then present below ground in the mine. 46 no person shall enter any open cast working or any working below ground unless he has been permitted by the manager or is authorised under this act or any other law to do so. 1. subs. by act 62 of , s. 29, for subsection 1 w.e.f. . 2. omitted by act 42 of , s. 27 w.e.f. . 3. subs. by act 62 of , s. 29, for subsection 4 w.e.f. . 4. ins. by s. 29, ibid. w.e.f. .

section 53. of the mines act : 153. wages during leave period.for the leave allowed to a person employed in a mine under section 52, he shall be paid at a rate equal to the daily average of his total fulltime earnings for the days on which he was employed during the month immediately preceding his leave, exclusive of any overtime wages and bonus but inclusive of any dearness allowance and compensation in cash including such compensation, if any, accruing through the free issue of foodgrains and other articles as persons employed in the mine may, for the time being, be entitled to: provided that if no such average earnings are available, then the average shall be computed on the basis of the daily average of the total fulltime earnings of all persons similarly employed for the same month. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 55. of the mines act : 155.mode of recovery of unpaid wages.any sum required to be paid by the owner, agent or manager of a mine under this chapter but not paid by him shall be recoverable as delayed wages under the provisions of the payment of wages act, 4 of . 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 49. of the mines act : 149.application of chapter.the provisions of this chapter shall not operate to the prejudice of any right to which a person employed in a mine may be entitled under any other law or under the terms of any award, agreement or contract of service: 2provided that if such award, agreement or contract of service, provides for a longer annual leave with wages than that provided in this chapter, the quantum of leave, which the person employed shall be entitled to, shall be in accordance with such award, agreement or contract of service, but leave shall be regulated in accordance with the provisions of sections 50 to 56 both inclusive with respect to matters not provided for in such award, agreement or contract of service. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. . 2. subs. by act 42 of , s. 28, for the proviso w.e.f. .

section 50. of the mines act : 150.leave defined.for the purposes of this chapter, leave shall not include weekly days of rest or holidays for festivals or other similar occasions whether occurring during or at either end of the period of leave. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 57. of the mines act : the central government may, by notification in the official gazette, make regulations consistent with this act for all or any of the following purposes, namely: a for prescribing the qualifications required for appointment as chief inspector or inspector b for prescribing and regulating the duties and powers of the chief inspector and of inspectors in regard to the inspection of mines under this act c for prescribing the duties of owners, agents and managers of mines and of persons acting under them, and for prescribing the 1qualifications including age of agents and managers of mines and of persons acting under them d for requiring facilities to be provided for enabling managers of mines and other persons acting under them to efficiently discharge their duties e for regulating the manner of ascertaining, by examination or otherwise, the qualifications of managers of mines and persons acting under them, and the granting and renewal of certificates of competency f for fixing the fees, if any, to be paid in respect of such examinations and of the grant and renewal of such certificates g for determining the circumstances in which and the conditions subject to which it shall be lawful for more mines than one to be under a single manager, or for any mineor mines to be under a manager not having the prescribed qualifications 2h for providing for inquiries to be made under this act, including any inquiry relating to misconduct or incompetence on the part of any person holding a certificate under this act and for the suspension or cancellation of any such certificate and for providing, wherever necessary, that the person appointed to hold an inquiry shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects i for regulating, subject to the provisions of the indian explosives act, 4 of , and of any rules made thereunder, the storage, conveyance and use of explosives 3j for prohibiting, restricting or regulating the employment of 4 women in mines or in any class of mines or onparticular kinds of labour which are attended by danger to the life, safety or health of such persons and for limiting the weight of any single load that may be carried by any such person k for providing for the safety of the persons employed in a mine, their means of entrance thereinto and exit therefrom, the number of shafts or outlets to be furnished, and the fencing of shafts, pits, outlets, pathways and subsidences 1 for prohibiting the employment in a mine either as manager or in any other specified capacity of any person except persons paid by the owner of the mine and directly answerable to the owner or manager of the mine 5m for providing for the safety of the roads and working places in mines, including the siting, maintenance and extraction or reduction of pillars or blocks of minerals and the maintenance of sufficient barriers between mine and mine n for the inspection of workings and sealed off fireareas in a mine, and for the restriction of workings in the vicinityof the sea or any lake or river or any other body of surface water, whether natural or artificial, or of any public road or building, and for requiring due precaution to be taken against the irruption or inrush of water or other liquid matter into, outbreak of fire in or premature collapse of, any workings o for providing for the ventilation of mines and the action to be taken in respect of dust, fire, and inflammable and noxious gases, including precautions against spontaneous combustion, underground fire and coal dust 6p for regulating, subject to the provisions of the indian electricity act, 9 of , and ofany rules made thereunder, the generation, storage, transformation, transmission and use of electricity in mines and for providing for the care and the regulation of the use of all electrical apparatus and electrical cables in mines and of all other machinery and plant therein q 7for regulating the use of machinery in mines, for providing for the safety of persons employed on or near such machinery and on haulage roads and for restricting the use of certain classes of locomotives underground r for providing for proper lighting of mines and regulating the use of safety lamps therein and for the search of persons entering a mine in which safety lamps are in use s for providing against explosions or ignitions 8of inflammable gas or dust or irruptions of or accumulations of water in mines and against danger arising therefrom and for prohibiting, restricting or regulating the extraction of minerals in circumstances likely to result in the premature collapse of 8workings or to result in or to aggravate the collapse of 8workings or irruptions of water or ignitions in mines t 9for prescribing under clause g of subsection 1 of section 23, the types of accidents and for prescribing the notices of accidents and dangerous occurrences and the notices, reports and returns of mineral output, persons employed and other matters provided for by regulations, to be furnished by owners, agents and managers of mines,and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the time within which they are to be submitted 10u 11for requiring owners, agents and managers of mines to have fixed boundaries for the mines, for prescribing the plans and sections and field notes connected therewith to be kept by them and the manner and places in which such plans, sections and field notes are to be kept for purposes of record and for the submission of copies thereof to the chief inspector and for requiring the making of fresh surveys and plans bythem, and in the event of noncompliance, for having the survey made and plans prepared through any other agency and for the recovery of expenses thereof in the same manner as an arrear of land revenue v for regulating the procedure on the occurrence of accidents or accidental explosions or ignitions in or about mines 12for dealing effectively with the situation w for prescribing the form of, and the particulars to be contained in, the notice to be given by the owner, agent or manager of a mine under section 16 x for prescribing the notice to be given by the owner, agent or manager of a mine before mining operations are commenced at or extended to any point within 13fortyfive metres of any railway subject to the provisions of the indian railways act, 9 of , or of any 14public roads or other works, as the case may be, which are maintained by the government or any local authority y for the protection from injury, in respect of any mine when the workings are discontinued, of property vested in the government or any local authority or railway company as defined in the indian railways act, 9 of 15yy for requiring protective works to be constructed by the owner, agent or manager of a mine before the mine is closed, and in the event of noncompliance, for getting such works executed by any other agency and for recovering the expenses thereof from such owner in the same manner as an arrear of land revenue z for requiring the fencing of any mine or part of a mine or any quarry, incline, shaft, pit or outlet, whether the same is being worked or not, or any dangerous or prohibited area, subsidence, haulage, tramline or pathway, where such fencing is necessary for the protection of the public and zz any other matter which has to be or may be prescribed. 1. subs. by act 62 of , s. 31, for qualifications of managers w.e.f. . 2. subs. by s. 31, ibid., for clause h w.e.f. . 3. subs. by act 62 of , s. 31, for clause j w.e.f. . 4. the words adolescents and omitted by act 42 of , s. 30 w.e.f. . 5. subs. by act 62 of , s. 31, for clauses m and n w.e.f. . 6. subs. by s. 31, ibid., for clause p w.e.f. . 7. subs.by act 42 of , s. 30, for certain words w.e.f. . 8. ins. by act 62 of , s. 31 w.e.f. . 9. subs. by s. 31, ibid., for for prescribing the notices w.e.f. . 10. subs. by act 62 of , s. 31, for clause u w.e.f. . 11. subs. by act 42 of , s. 30, for certain words w.e.f. . 12. ins. by s. 30, ibid. w.e.f. . 13. subs. by s. 30, ibid., for fifty yards w.e.f. . 14. subs. by act 62 of , s. 31, for certain words w.e.f. . 15. ins. by s. 31, ibid. w.e.f. .

section 60. of the mines act : notwithstanding anything contained in subsections 1, 2 and 14 of section 59, regulations under 2 section 57 may be made without previous publication and without 3 reference to 4the committee constituted under subsection 1 of section 12, if the central government is satisfied that for the prevention of apprehended danger or the speedy remedy of conditions likely to cause danger it is necessary in making such regulations to dispense with the delay that would result from such publication and reference: provided that any regulations so made 5shall be sent to the said committee for information and shall not remain in force for more than 6one year from the making thereof. 1. subs. by act 62 of , s. 34, for 3 w.e.f. . 2. the words, brackets and letters clause i and clauses k to s excluding clause 1 of omitted by s. 34, ibid. w.e.f. . 3. the word previous omitted by s. 34, ibid. w.e.f. . 4. subs. by act 42 of , s. 33, for mining boards w.e.f. . 5. ins. by s. 33, ibid. w.e.f. . 6. subs. by act 62 of , s. 34, for two years w.e.f. .

section 61. of the mines act : 1 the owner, agent or manager of a mine may, and shall, if called upon to do so by the chief inspector or inspector, frame and submit to the chief inspector or inspector a draft of such bylaws, not being inconsistent with this act or any regulations or rules for the time being in force, 1governing the use of any particular machinery or the adoption of a particular method of working in the mine as such owner, agent or manager may deem necessary to prevent accidents and provide for the safety, convenience and discipline of the persons employed in the mine. 2 if any such owner, agent or manager a fails to submit within two months a draft of byelaws after being called upon to do so by the chief inspector or inspector, or b submits a draft of byelaws which is not in the opinion of the chief inspector or inspector sufficient, the chief inspector or inspector may i propose a draft of such byelaws as appear to him to be sufficient, or ii propose such amendments in any draft submitted to him by the owner, agent or manager as will, in his opinion, render it sufficient, and shall send such draft byelaws or draft amendments to the owner, agent or manager as the case may be, for consideration. 3 if within a period of two months from the date on which any draft byelaws or draft amendments are sent by the chief inspector or inspector to the owner, agent or manager under the provisions of subsection 2, the chief inspector or inspector and the owner, agent or manager are unable to agree as to the terms of the byelaws to be made under subsection 1, the chief inspector or inspector shall refer the draft byelaws for settlement to the 2committee constituted under subsection 1 of section 12. 4 a when such draft byelaws have been agreed to by the owner, agent or manager and the chief inspector or inspector, or, when they are unable to agree, have been settled by the 2committee constituted under subsection 1 of section 12 a copy of the draft byelaws shall be sent by the chief inspector or inspector to the central government for approval. b the central government may make such modification of the draft byelaws as it thinks fit. c before the central government approves the draft byelaws, whether with or without modifications, there shall be published, in such manner as the central government may think best adapted for informing the persons affected, notice of the proposal to make the byelaws and of the place where copies of the draft byelaws may be obtained, and of the time which shall not be less than thirty days within which any objections with reference to the draft bylaws, made by or on behalf of persons affected should be sent to the central government. d every objection shall be in writing and shall state i the specific grounds of objections, and ii the omissions, additions or modifications asked for. e the central government shall consider any objection made within the required time by or on behalf of persons appearing to it to be affected, and may approve the byelaws either in the form in which they were published or after making such amendments thereto as it thinks fit. 5 the byelaws, when so approved by the central government, shall have effect as if enacted in this act, and the owner, agent or manager of the mine shall cause a copy of the byelaws, in english and in such other language or languages as may be prescribed, to be posted up in some conspicuous place at or near the mine, where the byelaws may be conveniently read or seen by the persons employed and as often as the same become defaced, obliterated or destroyed, shall cause them to be renewed with all reasonable despatch. 6 the central government may, by order in writing rescind, in whole or in part, any byelaw so made, and thereupon such byelaw shall cease to have effect accordingly. 1. subs. by act 42 of , s. 34, for certain words w.e.f. . 2. subs. by act 42 of , s. 34, for certain words w.e.f. .

section 54. of the mines act : 154.payment in advance in certain cases.any person employed in a mine who has been allowed leave for not less than four days, shall, before his leave begins, be paid the wages due for the period of the leave allowed. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 56. of the mines act : 156.power to exempt mines.where the central government is satisfied that the leave rules applicable to persons employed in any mine provide benefits which in its opinion are not less favourable than those provided for in this chapter, it may, by order in writing and subject to such conditions as may be specified therein, exempt the mine from all or any of the provisions of this chapter. 1. subs by s. 30, ibid., for sections 49 to 56 w.e.f. .

section 58. of the mines act : the central government may, by notification in the official gazette, make rules consistent with this act for all or any of the following purposes, namely: 1a for providing the term of office and other conditions of service of, and the manner of filling vacancies among, the members of a committee and for regulating the procedure to be followed by a committee for transacting its business b for prescribing the form of the register referred to in subsection 3 of section 23 c for providing for the appointment of courts of inquiry under section 24, for regulating the procedure and powers of such courts, for the payment of travelling allowance to the members, and for he recovery of the expenses of such courts 2including any other expenses connected with the inquiry 3in the same manner as an arrear of land revenue from the manager,owner or agent of the mine concerned 3cc for providing for inspection of mines to be carried out on behalf of the persons employed therein by a technical expert not less than an overman in status, the facilities therefor, the frequency at which and the manner in which such inspections are to be carried out and the manner in which reports of such inspections are to be made: d for requiring the maintenance in mines wherein any women are employed or were employed on any day of the preceding twelve months of suitable rooms to be reserved for the use of children under the age of six years belonging to such women, and for prescribing, either generally or with particular reference to the number of women employed in the mine the number and standards of such rooms, and the nature and extent of the amenities to be provided and the supervision to be exercised therein e for requiring the maintenance at or near pitheads of bathing places equipped with shower baths and of lockerrooms for the use of men employed in mines and of similar and separate places and rooms for the use of women in mines where women are employed, and for prescribing, either generally or with particular reference to the numbers of men and women ordinarily employed in a mine, the number and standards of such places and rooms f for prescribing the standard of sanitation to be maintained and the scale of latrine and urinal accommodation to be provided at mines, the provision to be made for the supply of drinking water 4 2ff for providing for the supply and maintenance of medical appliances and comforts and for prescribing the contents and number of firstaid boxes and cupboards, the training in firstaid work, the size and equipment of firstaid rooms and staff in charge thereof and the arrangements for conveyance of injured persons to hospitals or dispensaries fff for requiring the imparting of practical instruction to, or the training of, persons employed or to be employed in mines otherwise than in a position of supervision or management and for prescribing schemes for such instruction and training g for prohibiting the possession or consumption of intoxicating drinks or drugs in a mine and the entry or presence therein of any person in a drunken state h for prescribing the forms of notices required under section 36, and for requiring such notices to be posted also in specified languages i for defining the persons who shall, for the purpose of section 37, be deemed to be persons holding positions of supervision or management or employed in a confidential capacity j for prohibiting the employment in mines of persons or any class of persons who have not been certified by a qualified medical practitioner to have completed their fifteenth year, and for prescribing the manner and the circumstances in which such certificates may be granted and revoked 5 2kk for requiring persons employed or seeking employment at mines to submit themselves for medical examination and for prohibiting on medical grounds the employment of any person at a mine either absolutely or in a particular capacity or in particular work 6l for prescribing the form of registers required by section 48 and the maintenance and form of registers for the purposes of chapter vii m for prescribing abstracts of this act and of the regulations and rules and the language in which the abstracts and byelaws shall be posted as required by sections 61 and 62 n for requiring notices, returns and reports in connection with any matters dealt with by rules to be furnished by owners, agents and managers of mines, and for prescribing the forms of such notices, returns and reports, the persons and authorities to whom they are to be furnished, the particulars to be contained in them, and the times, within which they are to be submitted o for requiring the provision and maintenance in mines, wherein more than 7 fifty persons are ordinarily employed, of adequate and suitable shelters for taking food with provision for drinking water p for requiring the provision and maintenance in any mine specified in this behalf by the chief inspector or inspector, wherein more than two hundred and fifty persons are ordinarily employed, of a canteen or canteens for the use of such persons q for requiring the employment in every mine wherein five hundred or more persons are ordinarily employed, of such number of welfare officers as may be specified and for prescribing the qualifications and the terms and conditions of,and the duties to be performed by, such welfare officers 8r for requiring the establishment of rescue stations for specified mines or groups of specified mines or for all mines in a specified area and for prescribing how and by whom such stations shall be established s for providing for the management of rescue stations sa for providing for the standards of physical fitness and other qualifications of the persons constituting rescue brigades sb prescribing the places of residence of the persons constituting rescue brigades t for prescribing the position, equipment, control, maintenance and functions of 9 rescue stations 10u for providing for the levy and collection of a duty of excise at a rate not exceeding twentyfive paise per tonne on coke and coal produced in and despatched from mines specified under clause r, the creation of a rescue stations fund for such mines, the crediting to such fund of such sums of money as the central government may, after due appropriation made by parliament by law in this behalf, provide from out of the proceeds of such cess credited to the consolidated fund of india, the manner in which the money from such fund shall be utilised and the administration of such fund v for providing for the formation,training,composition and duties of rescue brigades 11 and generally for the conduct of rescue work in mines12 13vvfor providing for the constitution of safety committees for specified mine or groups of specified mines or for all mines in a specified area for promoting safety and for laying down the composition, manner of formation and functions of such safety committees, and w generally to provide for any matter not provided for by this act or the regulations, provision for which is required in order to give effect to this act. 1. subs. by act 42 of , s. 31, for clause a w.e.f. . 2. ins.by act 62 of , s. 32 w.e.f. . 3. ins. by act 42 of , s. 31 w.e.f. . 4. certain words omitted by act 62 of , s. 32 w.e.f. . 5. omitted by act 42 of , s. 31 w.e.f. . 6. subs. by act 62 of , s. 32, for clause l w.e.f. . 7. the words one hundred and omitted by act 62 of , s. 32 w.e.f. . 8. subs. by act 42 of , s. 31, for clauses r and s w.e.f. . 9. the word central omitted by s. 31, ibid. w.e.f. . 10. subs. by s. 31, ibid., for clause u w.e.f. . 11. certain words omitted by s. 31, ibid. w.e.f. . 12. the word and omitted by s. 31, ibid. w.e.f. . 13. ins. by s. 31, ibid. w.e.f. .

section 59. of the mines act : 1the power to make regulations and rules conferred by sections 57 and 58 is subject to the condition of the regulations and rules being made after previous publication. 2 the date to be specified in accordance with clause 3 of section 23 of the general clauses act, 10 of , as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information. 1 24 no regulation or rule shall be made unless the draft thereof has been referred to the committee constituted under subsection 1 of section 12 and unless that committee has had a reasonable opportunity of reporting as to the expediency of making the same and as to the suitability of its provisions. 5 regulations and rules shall be published in the official gazette and, on such publication, shall have effect as if enacted in this act. 6 the provisions of subsections 1, 2 and 4 shall not apply to the first occasion on which rules referred to in clause d or clause e of section 58 are made. 3 1. omitted by act 62 of , s. 33 w.e.f. . 2. subs. by act 42 of , s. 32, for subsection 4 w.e.f.. 3. omitted by s.32, ibid. w.e.f..

section 61a. of the mines act : 161a.laying regulations, rules and byelaws before parliament.every regulation made under section 57, every rule made under section 58 and every byelaw made under section 61 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, rule or byelaw or both houses agree that the regulation, rule or byelaw should not be made, the regulation, rule or byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation, rule or byelaw, as the case may be. 1. ins. by s. 35, ibid. w.e.f. .

section 68. of the mines act : 168. penalty for employment of persons below eighteen years of age.if a person below eighteen years of age is employed in a mine in contravention of section 40, the owner, agent or manager of such mine shall be punishable with fine which may extend to five hundred rupees. 1. subs. by act 42 of , s. 37, for section 68 w.e.f. .

section 62. of the mines act : there shall be kept posted up at or near every mine in english and in such other language or languages as may be prescribed, the prescribed abstracts of the act and of the regulations and rules.

section 63. of the mines act : 1 whoever obstructs the chief inspector, an inspector, or any person authorised under section 8 in the discharge of his dutiesunder this act, or refuses or wilfully neglects to afford the chief inspector, inspector or such person any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this act in relation to any mine, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 2 whoever refuses to produce on the demand of the chief inspector or inspector any registers or other documents kept in pursuance of this act, or prevents or attempts to prevent or does anything which he has reason to believe to be likely to prevent any person from appearing before or being examined by an inspecting officer acting in pursuance of his duties under this act, shall be punishable with fine which may extend to three hundred rupees.

section 69. of the mines act : whoever in contravention of the provisions of section 17, fails to appoint a manager shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1two thousand and five hundred rupees, or with both 2 2 1. subs. by act 62 of , s. 39, for five hundred w.e.f. . 2. certain words omitted by s. 39, ibid. w.e.f. .

section 64. of the mines act : whoever a counterfeits, or knowingly makes a false statement in, any certificate, or any official copy of a certificate, granted under this act, or b knowingly uses as true any such counterfeit or false certificate, or c makes or produces or uses any false declaration, statement or evidence knowing the same to be false, for the purpose of obtaining for himself or for any other person a certificate, or the renewal of a certificate, under this act, or any employment in a mine, or 1d falsifies any plan, section, register or record, the maintenance of which is required by or under this act or produces before any authority such false plan, section, register or record, knowing the same to be false, or e makes, gives or delivers any plan, return, notice, record or report containing a statement, entry or detail which is not to the best of his knowledge or belief true, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 2one thousand rupees, or with both. 1. subs. by act 62 of , s. 35, for clause d w.e.f. . 2. subs. by s. 35, ibid., for five hundred rupees w.e.f. 161 .

section 65. of the mines act : whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under 1section 43 a certificate granted to another person under that section, or, having been granted a certificate of fitness to himself under that section, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to 2two hundred rupees, or with both. 1. subs. by act 42 of , s.36, for section 40 w.e.f. . 2. subs. by act 62 of , s. 36, for fifty w.e.f. .

section 66. of the mines act : any person who, without reasonable excuse the burden of proving which shall lie upon him, omits to make or furnish in the prescribed form or manner or at or within the prescribed time any plan, 1section, return, notice, register, record or report required by or under this act to be made or furnished shall be punishable with fine which may extend to 2one thousand rupees. 1. ins. by act 62 of , s. 37 w.e.f. . 2. subs. by s. 37, ibid., for two hundred w.e.f. .

section 67. of the mines act : whoever, save as permitted by section 38, contravenes any provision of this act or of any regulation, rule or byelaw or of any order made thereunder prohibiting, restricting or regulating the employment or presence of persons in or about a mine shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to 1one thousand rupees, or with both 2. 1. subs. by s. 38, ibid., for five hundred w.e.f. . 2. certain words omitted by s. 38, ibid. w.e.f. .

section 72b. of the mines act : 172b. special provision for contravention of orders under section 22.whoever continues to work a mine in contravention of any order issued under subsection la, subsection 2 or subsection 3of section 22 2or under section 2 of section 22a shall be punishable with imprisonment for a term which may extend two years, and shall also be liable to fine which may extend to five thousand rupees: 2provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court such fine shall not be less than two thousand rupees. 1. subs. by s. 40, ibid., for sections 73 and 74 w.e.f. . 2.ins. by act 42 of , s. 38 w.e.f..

section 73. of the mines act : 173.general provision for disobedience of orders.whoever contravenes any provision of this act or of any regulation, rule or byelaw or of any order made thereunder for the contravention of which no penalty is hereinbefore provided, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by s. 40, ibid., for sections 73 and 74 w.e.f. .

section 72c. of the mines act : 172c. special provision for contravention of law with dangerous results.1whoever contravenes any provision of this act or of any regulation, rule or byelaw or of any order made thereunder other than an order made under subsection la or subsection 2 or subsection 3 of section 22 2or under subsection 2of section 22a, shall be punishable a if such contravention results in loss of life, with imprisonment which may extend to two years, or with fine which may extend to five thousand rupees, or with both or b if such contravention results in serious bodily injury, with imprisonment which may extend to one year, or with fine which may extend to three thousand rupees, or with both or c if such contravention otherwise causes injury or danger to persons employed in the mine or other persons in or about the mine, with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both: 2provided that in the absence of special and adequate reasons to the contrary to be recorded in writing in the judgment of the court, such fine in the case of a contravention referred to in clause a shall not be less than three thousand rupees. 2 where a person having been convicted under this section is again convicted thereunder, he shall be punishable with double the punishment provided by subsection 1. 3 any court imposing or confirming in appeal, revision or otherwise a sentence of fine passed under this section may, when passing judgment, order the whole or any part of the fine recovered to be paid as compensation to the person injured or, in the case of his death, to his legal representative: provided that at if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal has been presented, before the decision of the appeal. 1. subs. by s. 40, ibid., for sections 73 and 74 w.e.f. . 2. ins. by s.39, ibid. w.e.f..

section 72. of the mines act : no person employed in a mine shall a wilfully interfere with or misuse any appliance, convenience or other thing provided in a mine for the purpose of securing the health, safety or welfare of the persons employed therein b wilfully and without reasonable cause do anything likely to endanger himself or others c wilfully neglect to make use of any appliance or other thing provided in the mine for the purpose of securing the health or safety of the persons employed therein.

section 74. of the mines act : 174. enhanced penalty after previous conviction.if any person who has been convicted for an offence punishable under any of the foregoing provisions other than sections 72b and 72c is again convicted for an offence committed within two years of the previous conviction and involving a contravention of the same provision, he shall be punishable for each subsequent conviction with double the punishment to which he would have been liable for the first contravention of such provision. 1. subs. by s. 40, ibid., for sections 73 and 74 w.e.f. .

section 70. of the mines act : 1 whoever in contravention of the provision of subsection 1of section 23 fails to give notice of any accidental occurrence or to post a copy of the notice on the special notice board referred to in that subsection and to keep it therefor the period specified shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 2 whoever in contravention of a direction made by the central government under subsection 3 of section 23 fails to record in the prescribed register or to give notice of any accidental occurrence shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 71., to report to chief inspector in certain cases. of the mines act : where the owner, agent or manager of a mine, as the case may be, has taken proceedings under this act against any person employed in or about a mine in respect of an offence under this act, he shall within twentyone days from the date of the judgment or order of the court report the result thereof to the chief inspector.

section 72a. of the mines act : 172a.special provision for contravention of certain regulations.whoever contravenes any provision of any regulation or of any byelaw or of, any order made thereunder, relating to matters specified in clauses d, i, m, n, o, p, r, s and u of section 57 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. 1. subs. by s. 40, ibid., for sections 73 and 74 w.e.f. .

section 75. of the mines act : no prosecution shall be instituted against any owner, agent or manager for any offence under this act except at the instance of the chief inspector or of the district magistrate or of an inspector authorised in this behalf by general or special order in writing by the chief inspector 1provided that the chief inspector or the district magistrate or the inspector as so authorised shall, before instituting such prosecution, satisfy himself that the owner, agent or manager had failed to exercise all due diligence to prevent the commission of such offence. 2provided further that in respect of an offence committed in the course of the technical direction and management of a mine, the district magistrate shall not institute any prosecution against an owner, agent or manager without the previous approval of the chief inspector. 1. ins. by act 42 of , s. 40 w.e.f. . 2. subs. by s. 40, ibid., for provided that w.e.f. .

section 76. of the mines act : 176.determination of owner in certain cases.where the owner of a mine is a firm or other association of individuals, all, or any of the partners or members thereof or where the owner of a mine is a company, all or any of the directors thereof or where the owner of a mine is a government or any local authority, all or any of the officers or persons authorised by such government or local authority, as the case may be, to manage the affairs of the mine, may be prosecuted and punished under this act for any offence for which the owner of a mine is punishable: 2provided that where a firm, association or company has given notice in writing to the chief inspector that it has nominated, a in the case of a firm, any of its partners or managers b in the case of an association, any of its members or managers c in the case of a company, any of its directors or managers, who is resident, in each case in any place to which this act extends and who is in each case either in fact in charge of the management of, or holds the largest number of shares in such firm, association or company, to assume the responsibility of the owner of the mine for the purposes of this act, such partner, member, director or manager, as the case may be, shall, so long as he continues to so reside and be in charge or hold the largest number of shares as aforesaid, be deemed to be the owner of the mine for the purposes of this act unless a notice in writing cancelling his nomination or stating that he has ceased to be a partner, member, director or manager, as the may be, is received by the chief inspector. explanation.where a firm, association or company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this proviso in relation to different establishments or branches or units and the person so nominated shall, with respect only to the establishment, branch or unit in relation to which he has been nominated, be deemed to be the owner of the mine. 1. subs. by act 62 of , s. 41, for section 76 w.e.f. . 2. subs. by act 42 of , s. 41, for the proviso w.e.f. .

section 82. of the mines act : if any question arises as to whether any excavation or working 1or premises in or adjacent to and belonging to a mine, on which any process ancillary to the getting, dressing or preparation for sale of minerals or of coke is being carried on is a mine within the meaning of this act, the central government may decide the question, and a certificate signed by a secretary to the central government shall be conclusive on the point. 1. ins. by act 62 of , s. 45 w.e.f. .

section 77. of the mines act : where the owner, agent or manager of a mine, accused of an offence under this act, alleges that another person is the actual offender, he shall be entitled, upon complaint made by him in this behalf 1and on his furnishing the known address of the actual offender and on giving to the prosecutor not less than three clear days notice in writing of his intention so to do, to have that other person brought before the court on the date appointed for the hearing of the case and if, after the commission of the offence has been proved, the owner, agent or manager of the mine, as the case may be, proves to the satisfaction of the court a that he has used due diligence to enforce the execution of the relevant provision of this act, and b that the other person committed the offence in question without his knowledge, consent or connivance,the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the owner, agent or manager of the mine, and the owner, agent or manager, as the case may be, shall be acquitted provided that a the owner, agent or manager of the mine, as the case may be, may be examined on oath and his evidence and that of any witness whom he calls in support shall be subject to crossexamination by or on behalf of the person he alleges as the actual offender and by the prosecutor b if in spite of due diligence the person alleged as the actual offender cannot be brought before the court on the date appointed for the hearing of the case, the court shall adjourn the hearing thereof from time to time so however that the total period of such adjournments does not exceed three months, and if by the end of the said period the person alleged as the actual offender cannot be brought before the court, the court shall proceed to hear the case against the owner, agent or manager, as the case may be. 1. ins. by act 62 of , s. 42 w.e.f. .

section 78. of the mines act : 1 where the owner, agent or manager of a mine is convicted of an offence punishable under this act, the court may, in addition to awarding him any punishment, by order in writing, require him within a period specified in the order which may be extended by the court from time to time on application made in this behalf to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. 2 where an order is made under subsection 1, the owner, agent or manager of the mine, as the case may be, shall not be liable under this act in respect of the continuance of the offence during the period or extended period, if any, but if on the expiry of such period or extended period the order of the court has not been fully complied with, the owner, agent or manager, as the case may be, shall be deemed to have committed a further offence and shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or with both.

section 83., of the mines act : 1 1the central government may, by notification in the official gazette, exempt either absolutely or subject to any specified conditions any local area or any mine or group or class of mines or any part of a mine or any class of persons from the operation of 2all or any of the provisions of this act or the regulations, rules or byelaws. provided that no local area or mine or group or class of mines shall be exempted from the provisions of 3sections 40 and 45 unless it is also exempted from the operation of all the other provisions of this act. 42 the central government may, by general or special order and subject to such restrictions as it may think fit to impose, authorise the chief inspector or any other authority to exempt, subject to any specified conditions, any mine or part thereof from the operation of any of the provisions of the 5regulations rules or byelaws if the chief inspector or such authority is of opinion that the conditions in any mine or part thereof are such as to render compliance with such provision unnecessary or impracticable. 1. section 83 renumbered as subsection 1 thereof by s. 46, ibid. w.e.f. . 2. subs. by act 42 of , s. 46, for all or any of the provisions of this act w.e.f. . 3. subs. by s. 46, ibid., for section 45 w.e.f. . 4. ins. by act 62 of , s. 46 w.e.f. . 5. subs. by act 42 of , s. 46, for regulations or rules under this act w.e.f. .

section 79. of the mines act : no court shall take cognizance of any offence under this act, unless complaint thereof has been made i within six months of the date on which the offence is alleged to have been committed, or ii within six months of the date on which the alleged commission of the offence came to the knowledge of the inspector,or 1iia in any case in which the accused is or was a public servant and previous sanction of the central government or of the state government or of any other authority is necessary for taking cognizance of the offence under any law for the time being in force, within three months of the date on which such sanction is received by the chief inspector, or iii in any case where a court of inquiry has been appointed by the central government under section 24, within 2one year after the date of the publication of the report referred to in subsection 4 of that section, whichever is later. 3explanation.for the purposes of this section, a in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues b where for the performance of any act time has been extended under this act, the period of limitation shall be computed from the expiry of the extended period. 1. ins. by act 42 of , s. 42 w.e.f. . 2. subs. by s. 42, ibid., for six months w.e.f. .1. ins. by act 42 of , s. 42 w.e.f. . 3. the explanation added by act 62 of , s. 43 w.e.f. .

section 80. of the mines act : no court inferior to that of a 1metropolitan magistrate or judicial magistrate of the first class shall try any offence under this act which is alleged to have been committed by any owner, agent or manager of a mine or any offence which is by this act made punishable with imprisonment. 1. subs. by act 42 of , s. 43, for presidency magistrate or magistrate of the first class w.e.f. .

section 80a.. of the mines act : special provision regarding fine.omitted by the mines amendment act, 42 of , s. 44 w.e.f. .

section 85. of the mines act : this act shall 1also apply to mines belonging to the government. 1. ins. by act 62 of , s. 47 w.e.f. .

section 81. of the mines act : 1 if the court trying any case instituted at the instance of the chief inspector or of the district magistrate or of an inspector under this act is of opinion that the case is one which should, in lieu of a prosecution, be referred to 1 a committee it may stay the criminal proceedings and report the matter to the central government with a view to such reference being made. 2 on receipt of a report under subsection 1, the central government may refer the case to 1 a committee, or may direct the court to proceed with the trial. 1. the words a mining board or omitted by s. 45, ibid. w.e.f. .

section 84. of the mines act : 11 the central government may reverse or modify any order passed under this act. 22the chief inspector may, for reasons to be recorded in writing, reverse or modify any order passed by him under the act or under any regulation, rule or byelaw. 3 no order prejudicial to the owner, agent or manager of a mine shall be made under this section unless such owner, agent or manager has been given a reasonable opportunity of making representation. 1. section 84 renumbered as subsection 1 thereof by s. 47, ibid. w.e.f. . 2. ins. by act 42 of , s. 47 w.e.f. .

section 86. of the mines act : the central government may, by notification in the official gazette, direct that the provisions of chapters iii and iv of the factories act, 63 of shall, subject to such exceptions and restrictions as may be specified in the notification, apply to all mines and the precincts thereof.

section 85a., legally bound to do so. of the mines act : 185a.persons required to give notice, etc., legally bound to do so.every person required to give any notice or to furnish any information to any authority under this act shall be legally bound to do so within the meaning of section 176 of the indian penal code 45 of . 1. ins. by s. 48, ibid. w.e.f. .

section 88.. of the mines act : repeal of act 4 of . rep. by the repealing and amendingact, 36 of , s. 2 and the first schedule.

section 85b. of the mines act : 185b.signing of returns, notices, etc.all returns and notices required to be furnished or given given or communications sent by or on behalf of the owner of a mine in connection with the provisions of this act or any regulation, rule, byelaw or any order made thereunder to whom power in this behalf has been delegated by the owner by a power of attorney. 1. ins. by act 42 of , s. 48 w.e.f. .

section 85c. of the mines act : 185c.no fee or charge to be realised for facilities and conveniences.no fee or charge shall be realised from any person employed in a mine in respect of any protective arrangements or facilities to be provided, or any equipment or appliances to be supplied under the provisions of this act. 1. ins. by act 42 of , s. 48 w.e.f. .

section 87. of the mines act : no suit, prosecution or other legal proceeding whatever shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 6b. of the citizenship act : 11 the central government or an authority specified by it in this behalf may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, grant a certificate of registration or certificate of naturalisation to a person referred to in the proviso to clause b of subsection 1 of section 2. 2 subject to fulfillment of the conditions specified in section 5 or the qualifications for naturalisation under the provisions of the third schedule, a person granted the certificate of registration or certificate of naturalisation under subsection 1 shall be deemed to be a citizen of india from the date of his entry into india. 3 on and from the date of commencement of the citizenship amendment act, , any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the central government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application. 4 nothing in this section shall apply to tribal area of assam, meghalaya, mizoram or tripura as included in the sixth schedule to the constitution and the area covered under the inner line notified under the bengal eastern frontier regulation, reg. 5 of . 1. ins. by act 47 of , s. 3 w.e.f. .

section 1. of the citizenship act : this act may be called the citizenship act, .

section 2. of the citizenship act : 1 in this act, unless the context otherwise requires, a a government in india means the central government or a state government. 1b illegal migrant means a foreigner who has entered into india i without a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf or ii with a valid passport or other travel documents and such other document or authority as may be prescribed by or under any law in that behalf but remains therein beyond the permitted period of time 2provided that any person belonging to hindu, sikh, buddhist, jain, parsi or christian community from afghanistan, bangladesh or pakistan, who entered into india on or before the 31st day of december, and who has been exempted by the central government by or under clause c of subsection 2 of section 3 of the passport entry into india act, 34 of or from the application of the provisions of the foreigners act, 31 of or any rule or order made there under, shall not be treated as illegal migrant for the purposes of this act d indian consulate means the office of any consular officer of the government of india where a register of births is kept, or where there is no such office, such office as may be prescribed e minor means a person who has not attained the age of eighteen years 3ee overseas citizen of india cardholder means a person registered as an overseas citizen of india cardholder by the central government under section 7a f person does not include any company or association or body of individuals, whether incorporated or not g prescribed means prescribed by rules made under this act 4 h undivided india means india as defined in the government of india act, , as originally enacted. 2 for the purposes of this act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country. 3 any reference in this act to the status or description of the father of a person at the time of that persons birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the fathers death and where that death occurred before, and the birth occurs after, the commencement of this act, the status or description which would have been applicable to the father had he died after the commencement of this act shall be deemed to be the status or description applicable to him at the time of his death. 4 for the purposes of this act, a person shall be deemed to be of full age if he is not a minor and of full capacity if he is not of unsound mind. 1. subs. by act 6 of , s. 2, for clauses b and c w.e.f. . 2.ins. by act 47 of , s. 2 w.e.f. . 3. subs. by act 1 of , s. 2, for clause ee w.e.f. . 4. omitted by act 32 of , s. 2 w.e.f. .

section 6a. of the citizenship act : show related subordinates 16a. special provisions as to citizenship of persons covered by the assam accord.1 for the purposes of this section a assam means the territories included in the state of assam immediately before the commencement of the citizenship amendment act, 65 of b detected to be a foreigner means detected to be a foreigner in accordance with the provisions of the foreigners act, 31 of and the foreigners tribunals order, by a tribunal constituted under the said order c specified territory means the territories included in bangladesh immediately before the commencement of the citizenship amendment act, 65 of d a person shall be deemed to be indian origin, if he, or either of his parents or any of his grandparents was born in undivided india e a person shall be deemed to have been detected to be a foreigner on the date on which a tribunal constituted under the foreigners tribunals order, submits its opinion to the effect that he is a foreigner to the officer or authority concerned. 2 subject to the provisions of subsections 6 and 7, all persons of indian origin who came before the lst day of january, to assam from the specified territory including such of those whose names were included in the electoral rolls used for the purposes of the general election to the house of the people held in and who have been ordinarily resident in assam since the dates of their entry into assam shall be deemed to be citizens of india as from the lst day of january, . 3 subject to the provisions of subsections 6 and 7, every person of indian origin who a came to assam on or after the lst day of january, but before the 25th day of march, from the specified territory and b has, since the date of his entry into assam, been ordinarily resident in assam and c has been detected to be a foreigner shall register himself in accordance with the rules made by the central government in this behalf under section 18 with such authority hereafter in this subsection referred to as the registering authority as may be specified in such rules and if his name is included in any electoral roll for any assembly or parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom. explanation.in the case of every person seeking registration under this subsection, the opinion of the tribunal constituted under the foreigners tribunals order, holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause c of this subsection and if any question arises as to whether such person complies with any other requirement under this subsection, the registering authority shall, i if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding ii if such opinion does not contain a finding with respect to such other requirement, refer the question to a tribunal constituted under the said order hang jurisdiction in accordance with such rules as the central government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference. 4 a person registered under subsection 3 shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of india including the right to obtain a passport under the passports act, 15 of and the obligations connected therewith, but shall not entitled to have his name included in any electoral roll for any assembly or parliamentary constituency at any time before the expiry of the said period of ten years. 5 a person registered under subsection 3 shall be deemed to be a citizen of india for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner. 6 without prejudice to the provisions of section 8 a if any person referred to in subsection 2 submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship amendment act, 65 of , a declaration that he does not wish to be a citizen of india, such person shall not be deemed to have become a citizen of india under that subsection b if any person referred to in subsection 3 submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship amendment act, 65 of , or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that subsection and subsections 4 and 5, it shall not be necessary for such person to register himself under subsection 3. explanation.where a person required to file a declaration under this subsection does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf. 7 nothing in subsections 2 to 6 shall apply in relation to any person a who, immediately before the commencement of the citizenship amendment act, 65 of , is a citizen of india b who was expelled from india before the commencement of the citizenship amendment act, , under the foreigners act, 31 of . 8 save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force. 1. ins. by act 65 of , s. 2 w.e.f. .

section 7. of the citizenship act : show related subordinates if any territory becomes a part of india, the central government may, by order notified in the official gazette, specify the persons who shall be citizens of india by reason of their connection with that territory and those persons shall be citizens of india as from the date to be specified in the order.

section 6. of the citizenship act : show related subordinates 1 where an application is made in the prescribed manner by any person of full age and capacity 1not being an illegal migrant for the grant of a certificate of naturalisation to him, the central government may, if satisfied that the applicant is qualified for naturalisation under the provisions of the third schedule, grant to him a certificate of naturalisation: provided that, if in the opinion of the central government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the third schedule. 2 the person to whom a certificate of naturalisation is granted under subsection 1 shall, on taking the oath of allegiance in the form specified in the second schedule, be a citizen of india by naturalisation as from the date on which that certificate is granted. 1. subs. by s. 6, ibid., for who is not a citizen of a country specified in the first schedule w.e.f. . rules notifications orders yeardescriptionfiles citizenshipsecond amendment rules yeardescriptionfiles delegation of power to 7 states yeardescriptionfiles extension of delegation of power to grant citizenship to seven states 16 districts

section 3. of the citizenship act : 13. citizenship by birth.1 except as provided in subsection 2, every person born in india a on or after the 26th day of january, , but before the 1st day of july, b on or after the 1st day of july, , but before the commencement of the citizenship amendment act, 6 of and either of whose parents is a citizen of india at the time of his birth c on or after the commencement of the citizenship amendment act, 6 of , where i both of his parents are citizens of india or ii one of whose parents is a citizen of india and the other is not an illegal migrant at the time of his birth, shall be a citizen of india by birth. 2 a person shall not be a citizen of india by virtue of this section if at the time of his birth a either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the president of india and he or she, as the case may be, is not a citizen of india or b his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy. 1. subs. by act 6 of , s. 3, for section 3 w.e.f.

section 4. of the citizenship act : show related subordinates 11 a person born outside india shall be a citizen of india by descent, a on or after the 26th day of january, , but before the 10th day of december, , if his father is a citizen of india at the time of his birth or b on or after the 10th day of december, , if either of his parents is a citizen of india at the time of his birth: provided that if the father of a person referred to in clause a was a citizen of india by descent only, that person shall not be a citizen of india by virtue of this section unless a his birth is registered at an indian consulate within one year of its occurrence or the commencement of this act, whichever is later, or, with the permission of the central government, after the expiry of the said period or b his father is, at the time of his birth, in service under a government in india: provided further that if either of the parents of a person referred to in clause b was a citizen of india by descent only, that person shall not be a citizen of india by virtue of this section, unless a his birth is registered at an indian consulate within one year of its occurrence or on or after the 10th day of december, , whichever is later, or, with the permission of the central government, after the expiry of the said period or b either of his parents is, at the time of his birth, in service under a government in india: provided also that on or after the commencement of the citizenship amendment act, 6 of , a person shall not be a citizen of india by virtue of this section, unless his birth is registered at an indian consulate in such form and in such manner, as may be prescribed, i within one year of its occurrence or the commencement of the citizenship amendment act, 6 of , whichever is later or ii with the permission of the central government, after the expiry of the said period: provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country. 1a a minor who is a citizen of india by virtue of this section and is also a citizen of any other country shall cease to be a citizen of india if he does not renounce the citizenship or nationality of another country within six months of attaining full age. 2 if the central government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration. 3 for the purposes of the proviso to subsection i1/i, 2any person born outside undivided india who was, or was deemed to be, a citizen of india at the commencement of the constitution shall be deemed to be a citizen of india by descent only. 1. subs. by s. 4,ibid., for subsection 1 w.e.f. 2. subs. by act 39 of , s. 2, for any male person.

section 7c. of the citizenship act : 17c. renunciation of overseas citizen of india card. 1 if any overseas citizen of india cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an overseas citizen of india cardholder, the declaration shall be registered by the central government, and upon such registration, that person shall cease to be an overseas citizen of india cardholder. 2 where a person ceases to be an overseas citizen of india cardholder under subsection 1, the spouse of foreign origin of that person, who has obtained overseas citizen of india card under clause d of subsection 1 of section 7a, and every minor child of that person registered as an overseas citizen of india cardholder shall thereupon cease to be an overseas citizen of india cardholder. 1. ins. by act 6 of , s. 7 w.e.f.

section 7a. of the citizenship act : show related subordinates 127a. registration of overseas citizen of india cardholder.1 the central government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an overseas citizen of india cardholder a any person of full age and capacity, i who is a citizen of another country, but was a citizen of india at the time of, or at any time after the commencement of the constitution or ii who is a citizen of another country, but was eligible to become a citizen of india at the time of the commencement of the constitution or iii who is a citizen of another country, but belonged to a territory that became part of india after the 15th day of august, or iv who is a child or a grandchild or a great grandchild of such a citizen or b a person, who is a minor child of a person mentioned in clause a or c a person, who is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india or d spouse of foreign origin of a citizen of india or spouse of foreign origin of an overseas citizen of india cardholder registered under section 7a and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: provided that for the eligibility for registration as an overseas citizen of india cardholder, such spouse shall be subjected to prior security clearance by a competent authority in india: provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of pakistan, bangladesh or such other country as the central government may, by notification in the official gazette, specify, shall be eligible for registration as an overseas citizen of india cardholder under this subsection. 2 the central government may, by notification in the official gazette, specify the date from which the existing persons of indian origin cardholders shall be deemed to be overseas citizens of india cardholders. explanation.for the purposes of this subsection, persons of indian origin cardholders means the persons registered as such under notification number /4/98 f.i., dated the 19th august, , issued by the central government in this regard. 3 notwithstanding anything contained in subsection 1, the central government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an overseas citizen of india cardholder 1. ins. by act 6 of , s. 7 w.e.f. . 2. subs. by act 1 of , s. 4, for sections 7a, 7b, 7c and 7d w.e.f. .

section 5. of the citizenship act : show related subordinates 11 subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal migrant who is not already such citizen by virtue of the constitution or of any other provision of this act if he belongs to any of the following categories, namely: a a person of indian origin who is ordinarily resident in india for seven years before making an application for registration b a person of indian origin who is ordinarily resident in any country or place outside undivided india c a person who is married to a citizen of india and is ordinarily resident in india for seven years before making an application for registration d minor children of persons who are citizens of india e a person of full age and capacity whose parents are registered as citizens of india under clause a of this subsection or subsection 1 of section 6 f a person of full age and capacity who, or either of his parents, was earlier citizen of independent india, and 2is ordinarily resident in india for twelve months immediately before making an application for registration g a person of full age and capacity who has been registered as an 3overseas citizen of india cardholder for five years, and who 4is ordinarily resident in india for twelve months before making an application for registration. explanation 1.for the purposes of clauses a and c, an applicant shall be deemed to be ordinarily resident in india if i he has resided in india throughout the period of twelve months immediately before making an application for registration and ii he has resided in india during the eight years immediately preceding the said period of twelve months for a period of not less than six years. explanation 2.for the purposes of this subsection, a person shall be deemed to be of indian origin if he, or either of his parents, was born in undivided india or in such other territory which became part of india after the 15th day of august, . 51a the central government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses f and g and clause i of explanation 1 of subsection 1, up to a maximum of thirty days which may be in different breaks. 2 no person being of full age shall be registered as a citizen of india under subsection 1 until he has taken the oath of allegiance in the form specified in the second schedule. 3 no person who has renounced, or has been deprived of, his indian citizenship or whose indian citizenship has terminated, under this act shall be registered as a citizen of india under subsection 1 except by order of the central government. 4 the central government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of india. 5 a person registered under this section shall be a citizen of india by registration as from the date on which he is so registered and a person registered under the provisions of clause bii of article 6 or article 8 of the constitution shall be deemed to be a citizen of india by registration as from the commencement of the constitution or the date on which he was so registered, whichever may be later. 66 if the central government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause c of subsection 1 to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.. 1. subs. by act 6 of , s. 5, for subsection 1 w.e.f. . 2. subs. by act 1 of , s. 3, for has been residing in india for one year w.e.f. . 3. subs. by s. 3, ibid., for overseas citizen of india w.e.f. . 4. subs. by s.3, ibid., for has been residing in india for one year w.e.f. . 5. ins. by act 1 of , s. 3 w.e.f. . 6. ins. by act 6 of , s. 5 w.e.f.

section 7b. of the citizenship act : show related subordinates 17b. conferment of rights on overseas citizen of india cardholder. 1 notwithstanding anything contained in any other law for the time being in force, an overseas citizen of india cardholder shall be entitled to such rights, other than the rights specified under subsection 2, as the central government may, by notification in the official gazette, specify in this behalf. 2 an overseas citizen of india cardholder shall not be entitled to the rights conferred on a citizen of india a under article 16 of the constitution with regard to equality of opportunity in matters of public employment b under article 58 of the constitution for election as president c under article 66 of the constitution for election as vicepresident d under article 124 of the constitution for appointment as a judge of the supreme court e under article 217 of the constitution for appointment as a judge of the high court f under section 16 of the representation of the people act, 43 of in regard to registration as a voter g under sections 3 and 4 of the representation of the people act, 43 of with regard to the eligibility for being a member of the house of the people or of the council of states, as the case may be h under sections 5, 5a and section 6 of the representation of the people act, 43 of with regard to the eligibility for being a member of the legislative assembly or the legislative council, as the case may be, of a state i for appointment to public services and posts in connection with affairs of the union or of any state except for appointment in such services and posts as the central government may, by special order in that behalf, specify. 3 every notification issued under subsection 1 shall be laid before each house of parliament. 1. ins. by act 6 of , s. 7 w.e.f. .

section 7d. of the citizenship act : 17d. cancellation of registration as overseas citizen of india cardholder.the central government may, by order, cancel the registration granted under subsection 1 of section 7a, if it is satisfied that a the registration as an overseas citizen of india cardholder was obtained by means of fraud, false representation or the concealment of any material fact or b the overseas citizen of india cardholder has shown disaffection towards the constitution, as by law established or c the overseas citizen of india cardholder has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war or d the overseas citizen of india cardholder has, within five years after registration under subsection 1 of section 7a, been sentenced to imprisonment for a term of not less than two years or 2da the overseas citizen of india cardholder has violated any of the provisions of this act or provisions of any other law for time being in force as may be specified by the central government in the notification published in the official gazette or e it is necessary so to do in the interests of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public or f the marriage of an overseas citizen of india cardholder, who has obtained such card under clause d of subsection 1 of section 7a, i has been dissolved by a competent court of law or otherwise or ii has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with any other person. 2provided that no order under this section shall be passed unless the overseas citizen of india cardholder has been given a reasonable opportunity of being heard. 1. ins. by act 6 of , s. 7 w.e.f. 2. ins. by act 47 of , s. 4 w.e.f. .

section 12.. of the citizenship act : power to confer rights of indian citizen or citizens of certain country. omitted by s. 10, ibid. w.e.f. .

section 8. of the citizenship act : show related subordinates 1 if any citizen of india of full age and capacity, 1 , makes in the prescribed manner a declaration renouncing his indian citizenship, the declaration shall be registered by the prescribed authority and, upon such registration, that person shall cease to be a citizen of india: provided that if any such declaration is made during any war in which india may be engaged, registration thereof shall be withheld until the central government otherwise directs. 2 where 2a person ceases to be a citizen of india under subsection 1, every minor child of that person shall thereupon cease to be a citizen of india: provided that any such child may, within one year after attaining full age, make a declaration 3in the prescribed form and manner that he wishes to resume indian citizenship and shall thereupon again become a citizen of india. 4 1. the words who is also a citizen or national of another country omitted by act 6 of , s. 8 w.e.f. . 2. subs. by act 39 of , s. 3, for a male person w.e.f. . 3. ins. by act 6 of , s. 8 w.e.f. . 4. omitted by s. 8, ibid. w.e.f. .

section 9. of the citizenship act : 1 any citizen of india who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th january, and the commencement of this act, voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india: provided that nothing in this subsection shall apply to a citizen of india who, during any war in which india may be engaged, voluntarily acquires the citizenship of another country, until the central government otherwise directs. 2 if any question arises as to whether, when or how any 1 citizen of india has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf. 1. subs. by s. 9, ibid., for person w.e.f.

section 10. of the citizenship act : 1 a citizen of india who is such by naturalisation or by virtue only of clause c of article 5 of the constitution or by registration otherwise than under clause bii of article 6 of the constitution or clause a of subsection 1 of section 5 of this act, shall cease to be a citizen of india, if he is deprived of that citizenship by an order of the central government under this section. 2 subject to the provisions of this section, the central government may, by order, deprive any such citizen of indian citizenship, if it is satisfied that a the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact or b that citizen has shown himself by act or speech to be disloyal or disaffected towards the constitution of india as by law established or c that citizen has, during any war in which india may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war or d that citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years or e that citizen has been ordinarily resident out of india for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside india or in the service of a government in india or of an international organisation of which india is a member, not registered annually in the prescribed manner at an indian consulate his intention to retain his citizenship of india. 3 the central government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that person should continue to be a citizen of india. 4 before making an order under this section, the central government shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in subsection 2 other than clause e thereof, of his right, upon making application therefore in the prescribed manner, to have his case referred to a committee of inquiry under this section. 5 if the order is proposed to be made against a person on any of the grounds specified in subsection 2 other than clause e thereof and that person so applies in the prescribed manner, the central government shall, and in any other case it may, refer the case to a committee of inquiry consisting of a chairman being a person who has for at least ten years held a judicial office and two other members appointed by the central government in this behalf. 6 the committee of inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the central government and the central government shall ordinarily be guided by such report in making an order under this section.

section 11.. of the citizenship act : commonwealth citizenship.omitted by act the citizenship amendment act, 6 of , s. 10 w.e.f. .

section 13. of the citizenship act : the central government may, in such cases as it thinks fit, certify that a person with respect to whose citizenship of india a doubt exists, is a citizen of india and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that person was such a citizen on the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier date.

section 15a. of the citizenship act : 1 15a. review.1 any person aggrieved by an order made by the central government, may, within thirty days from the date of such order, make an application for review of such order: provided that the central government may entertain an application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time: provided further that an application for a review of an order passed in terms of the provisions of section 14a shall be disposed of in the manner provided for in the procedure as may be laid down under clause ia of subsection 2 of section 18. 2 on receipt of an application under subsection 1, the central government shall, make such order as it deems fit, and the decision of the central government on such review shall be final. 1. ins. by s. 13, ibid. w.e.f. .

section 14. of the citizenship act : 1 the prescribed authority or the central government may, in its discretion, grant or refuse an application under 1 sections 5, 6 and 7a and shall not be required to assign any reasons for such grant or refusal. 2 subject to the provisions of section l5 the decision of the prescribed authority or the central government on any such application as aforesaid shall be final and shall not be called in question in any court. 1. subs. by act 6 of , s. 11, for sections 5 and 6 w.e.f.

section 14a. of the citizenship act : show related subordinates 114a. issue of national identity cards.1 the central government may compulsorily register every citizen of india and issue national identity card to him. 2 the central government may maintain a national register of indian citizens and for that purpose establish a national registration authority. 3 on and from the date of commencement of the citizenship amendment act, 6 of , the registrar general, india, appointed under subsection 1 of section 3 of the registration of births and deaths act, 18 of shall act as the national registration authority and he shall function as the registrar general of citizen registration. 4 the central government may appoint such other officers and staff as may be required to assist the registrar general of citizen registration in discharging his functions and responsibilities. 5 the procedure to be followed in compulsory registration of the citizens of india shall be such as may be prescribed. 1. ins. by s. 12, ibid. w.e.f. .

section 19.. of the citizenship act : repeals. rep. by the repealing and amending act, 58 of , s. 2 and the first schedule.

section 15. of the citizenship act : 1 any person aggrieved by an order made under this act by the prescribed authority or any officer or other authority other than the central government may, within a period of thirty days from the date of the order, make an application to the central government for a revision of that order: provided that the central government may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. 2 on receipt of any such application under subsection 1, the central government shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the order may submit, make such order in relation to the application as it deems fit, and the decision of the central government shall be final.

section 16. of the citizenship act : the central government may, by order, direct that any power which is conferred on it by any of the provisions of this act other than those of section 10 and section 18 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by such officer or authority as may be so specified.

section 17. of the citizenship act : any person who, for the purpose of procuring anything to be done or not to be done under this act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to 1 five years, or 2 with fine which may extend to fifty thousand rupees, or with both. 1. subs. by act 6 of , s. 14, for six months w.e.f. 2. subs. by s. 14, ibid., for with fine w.e.f. .

section 18. of the citizenship act : show related subordinates 1 the central government may, by notification in the official gazette make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the registration of anything required or authorised under this act to be registered, and the conditions and restrictions in regard to such registration 1aa the form and manner in which a declaration under subsection 1 of section 4 shall be made b the forms to be used and the registers to be maintained under this act c the administration and taking of oaths of allegiance under this act and the time within which and the manner in which, such oaths shall be taken and recorded d the giving of any notice required or authorised to be given by any person under this act e the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this act, and the delivering up of such certificates for those purposes 2ee the manner and form in which and the authority to whom declarations referred to in clauses a and b of subsection 6 of section 6a shall be submitted and other matters connected with such declarations 3eei the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under subsection 1 of section 6b 4eea the conditions and the manner subject to which a person may be registered as an overseas citizen of india cardholder under subsection 1 of section 7a eeb the manner of making declaration for renunciation of overseas citizen of india card under subsection 1 of section 7c f the registration at indian consulates of the births and deaths of persons of any class or description born or dying outside india g the levy and collection of fees in respect of applications, registrations, declarations and certificates under this act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents h the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases i the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts 5ia the procedure to be followed in compulsory registration of the citizens of india under subsection 5 of section 14a j the manner in which applications for revision may be made and the procedure to be followed by the central government in dealing with such applications and k any other matter which is to be, or may be, prescribed under the act. 3 in making any rule under this section, the central government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 6 provided that any rule made in respect of a matter specified in clause ia of subsection 2 may provide that a breach thereof shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. 7 4 every rule made under this section shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of session, immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by s. 15, ibid. w.e.f. . 2. ins. by act 65 of , s. 3 w.e.f. . 3. ins. by act 47 of , s. 5 w.e.f. . 4. ins. by act 1 of , s. 5 w.e.f. . 5. the proviso ins. by act 6 of , s. 15 w.e.f. . 6. subs. by act 4 of , s. 2 and the schedule for subsection 4 w.e.f.

section 6. of the union territories stamp and courtfees laws act : any stamp duties levied and collected in the union territory of manipur during the period commencing on the 16th day of april, , and ending on the date on which the indian stamp act, 2 of , as in force in the state of assam is extended to that union territory under section 5, in the belief that the indian stamp act, , as in force in the state of assam immediately before the 16th day of april, , was applicable to that union territory, shall be deemed always to have been levied and collected in accordance with law.

section 1. of the union territories stamp and courtfees laws act : this act may be called the union territories stamp and courtfees laws act, .

section 5. of the union territories stamp and courtfees laws act : a on the date on which the indian stamp act, 2 of , as in force in the state of assam, is extended to the union territory of manipur by notification under section 2 of the union territories laws act, 30 of , the indian stamp act, , as in force in that union territory immediately before the date of such notification, shall stand repealed. b on the date on which the indian stamp act, 2 of , as in force in the state of assam, is extended to the union territory of tripura by notification under section 2 of the union territories laws act, 30 of , the indian stamp act, , as in force in that union territory immediately before the date of such notification, shall stand repealed.

section 2. of the union territories stamp and courtfees laws act : on such date as the central government may, by notification in the official gazette, appoint, for schedule ia of the indian stamp act, 2 of , as in force in the union territory of himachal pradesh immediately before that date, there shall be substituted, with such modifications as may be specified in the notification, schedule ia to the indian stamp act, , as in force in the state of punjab on the 28th day of november, .

section 3. of the union territories stamp and courtfees laws act : on the date on which the courtfees act, 7 of , as in force in the state of punjab, is extended to the union territory of himachal pradesh by notification under section 2 of the union territories laws act, 30 of , the courtfees act, , as in force in that union territory immediately before the date of such notification, shall stand repealed.

section 4. of the union territories stamp and courtfees laws act : a on the date on which the courtfees act, 7 of , as in force in the state of assam, is extended to the union territory of manipur by notification under section 2 of the union territories laws act, 30 of , the courtfees act, , as in force in that union territory immediately before the date of such notification, shall stand repealed. b on the date on which the courtfees act, 7 of , as in force in the state of assam, is extended to the union territory of tripura by notification under section 2 of the union territories laws act, 30 of , the courtfees act, , as in force in that union territory immediately before the date of such notification, shall stand repeale

section 1. of the reserve bank transfer to public ownership act : this act may be called the reserve bank transfer to public ownership act, .

section 7. of the reserve bank transfer to public ownership act : amendment to act 2 of .rep. by the repealing and amending act, 35 of , s. 2 and the first schedule w.e.f. .

section 2. of the reserve bank transfer to public ownership act : in this act, a appointed day means such day as the central government may, by notification in the official gazette, appoint b bank means the reserve bank of india as constituted by the principal act and c principal act means the reserve bank of india act, .

section 5. of the reserve bank transfer to public ownership act : pending the constitution of the central board under section 8 of the principal act as amended by this act, the governor of the bank, or in his absence a deputy governor of the bank duly nominated by him in this behalf, may, subject to such restrictions and conditions as may from time to time be imposed by the central government, exercise all powers, and do all acts and things which may be exercised or done by the bank.

section 6. of the reserve bank transfer to public ownership act : 1 the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the objects of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide a for the manner in which and the authority by which compensation shall be paid under section 3 and b for the determination of persons to whom compensation is so payable. 13 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 added by act 4 of , s. 2 and the schedule w.e.f. .

section 3. transfer of bank shares of the reserve bank transfer to public ownership act : 1 on the appointed day a all shares in the capital of the bank shall by virtue of this act be deemed to be transferred free of all trusts, liabilities and encumbrances to the central government, and b as full compensation there for, the central government shall issue to every person who, immediately before the appointed day, is registered as the holder of any such shares, an amount calculated at the rate of one hundred and eighteen rupees and ten annas per share, in promissory notes of the central government bearing interest at the rate of three per centum per annum repayable at par on such date as may be specified in this behalf by the central government: provided that where the amount so calculated is not an exact multiple of one hundred rupees the amount in excess of the nearest lower multiple of one hundred rupees shall be paid by cheque drawn on the bank: provided further hat in respect of any share obtained at par from the central government by any director of the bank in pursuance of subsection 8 of section 4 of the principal act as in force immediately before the appointed day, the said amount shall be calculated at the rate of one hundred rupees per share. 2 notwithstanding the transfer of shares effected by this section any shareholder who, immediately before the appointed day, is entitled to payment of dividend on the shares held by him shall be entitled to receive from the bank a all dividends accruing due on his shares in respect of the year ending on the 30th day of june, , or any preceding year remaining unpaid on the appointed day b dividends calculated at the rate of four rupees per annum per share in respect of the period from the 1st day of july, , to the appointed day.

section 4. of the reserve bank transfer to public ownership act : on the appointed day any person who immediately before that day was holding office as a director of the central board otherwise than as governor or deputy governor or as a member of a local board of the bank shall vacate his office, and the central board and the local boards of the bank shall thereafter be constituted in the manner prescribed by sections 8 and 9 of the principal act as amended by this act.

section 3. of the assam alteration of boundaries act : in the first paragraph of part a of the first schedule to the constitution, under the heading territories of states, after the words assam tribal areas, the following words shall be inserted, namely: but shall not include the territories specified in the schedule to the assam alteration of boundaries act, .

section 2. of the assam alteration of boundaries act : on and from the commencement of this act, the territory of the state of assam shall cease to comprise the strip of territory specified in the schedule, which shall be ceded to the government of bhutan, and the boundaries of the state of assam shall be deemed to have been altered accordingly.

section 1. of the assam alteration of boundaries act : this act may be called the assam alteration of boundaries act, .

section 5. of the voluntary surrender of salaries exemption from taxation act : 1 the voluntary surrender of salaries exemption from taxation act, 61 of , is hereby repealed. 2 notwithstanding such repeal any declaration made under the said act shall be deemed to be a declaration made for the purposes of this act.

The Voluntary Surrender of Salaries (Exemption from Taxation) Act, 1961

section 1. of the voluntary surrender of salaries exemption from taxation act : this act may be called the voluntary surrender of salaries exemption from taxation act, .

section 2. of the voluntary surrender of salaries exemption from taxation act : notwithstanding anything contained in the indian incometax act, 11 of , or in any other law for the time being in force relating to taxation on income, no incometax or supertax shall be payable by any person a where his salary is paid out of the consolidated fund of india or of the consolidated fund of a state, in respect of that part of the salary due to him for any period after the 31st day of march, which he has, by a declaration in writing, volunteered to forego in the public interest b in any other case, in respect of that part of the salary which is due to him for any period after the 31st day of march, which has been, in the public interest, surrendered in favour of, and paid to, the central government in accordance with the rules made in this behalf by that government and such part of the salary shall not be included in his total income for the purposes of any law relating to taxation on income.

section 3. of the voluntary surrender of salaries exemption from taxation act : the provision of section 2 shall apply in relation to any allowances due to any such person as is referred to therein for any period after the 31st day of march, as they apply in relation to his salary.

section 4. of the voluntary surrender of salaries exemption from taxation act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 6. of the gold bonds immunities and exemptions act : 1 the gold bonds immunities and exemptions ordinance, ord. 22 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the gold bonds immunities and exemptions act : 1 this act may be called the gold bonds immunities and exemptions act, . 2 it shall be deemed to have come into force on the 31st day of january, .

section 5. of the gold bonds immunities and exemptions act : without prejudice to the generality of the provisions of section 4, a the provisions of the incometax act, 43 of shall not apply to i any interest accruing to the subscriber from the gold bonds ii any longterm capital gains arising to the subscriber b the provisions of the gifttax act, 18 of shall not apply where the gift of the gold bonds is made by a subscriber, being an individual, to his spouse, child or parent.

section 3. of the gold bonds immunities and exemptions act : 1 the central government may, by notification in the official gazette, frame a scheme for subscription to the gold bonds, , on or after the date of commencement of this act, but before the specified date. explanation. for the purposes of this subsection, specified date means the 31st day of march, or such other later date as the central government may, by notification in the official gazette, specify in this behalf. 2 the scheme framed under subsection 1 shall be laid, as soon as may be after it is framed, before each house of parliament.

section 2. of the gold bonds immunities and exemptions act : in this act, unless the context otherwise requires, a gold bonds means the gold bonds, , issued by the central government in accordance with the scheme framed by that government under section 3 b subscriber means an individual, a hindu undivided family, trustees of a trust, a firm or a company, being a resident or residents in india, who has or have initially subscribed to the gold bonds. explanation. for the purposes of this clause, the expression individual shall also include, i his legal heirs or ii where a partition has taken place among the members of the hindu undivided family, every member of such family having a share in the gold bonds c all other words and expressions used in this act but not defined and defined in the incometax act, 43 of shall have the meanings respectively assigned to them in that act.

section 4. of the gold bonds immunities and exemptions act : 1 notwithstanding anything contained in the wealthtax act, 27 of , the gifttax act, 18 of , the incometax act, 43 of , the customs act, 52 of , the foreign exchange regulation act, 46 of and the foreign contribution regulation act, 49 of , a no subscriber shall be required to disclose, for any purpose whatsoever, the nature and source of acquisition of the gold subscribed for the gold bonds, including the source of money with which the gold was acquired b no inquiry or investigation shall be commenced against any subscriber under any of the said acts on the ground that such subscriber owns the gold bonds and c the fact that any subscriber owns the gold bonds shall not be taken into account for the purposes of, and shall be inadmissible as evidence in, any proceedings under any of the said acts: provided that nothing contained in this subsection shall apply where any proceedings in respect of the gold subscribed by the subscriber have already been initiated before the commencement of this act in accordance with the provisions of any of the aforesaid acts. 2 nothing in subsection 1 shall apply in relation to prosecution for any offence punishable under chapter ix or chapter xvii of the indian penal code 45 of , the narcotic drugs and psychotropic substances act, 61 of , the terrorist and disruptive activities prevention act, 28 of , the prevention of corruption act, 49 of or for the purposes of enforcement of any civil liability.

section 7. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : without prejudice to such holidays, casual leave or other kinds of leave as may be prescribed, every working journalist shall be entitled to a earned leave on full wages for not less than oneeleventh of the period spent on duty b leave on medical certificate on onehalf of the wages for not less than oneeighteenth of the period of service.

The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

section 1. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : show related subordinates 1 this act may be called the 1working journalists and other newspaper employees conditions of service and miscellaneous provisions act, . 2 it extends to the whole of india 2. 1. subs. by act 60 of , s. 2, for working journalists. 2. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule.

section 2. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : in this act, unless the context otherwise requires, 1a board means i in relation to working journalists, the wage board constituted under section 9 and ii in relation to nonjournalist newspaper employees, the wage board constituted under section 13c b newspaper means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the central government in the official gazette c newspaper employee means any working journalist, and includes any other person employed to do any work in, or in relation to, any newspaper establishment d newspaper establishment means an establishment under the control of any person or body or persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate 2and includes newspaper establishments specified as one establishment under the schedule. explanation.for the purposes of this clause, a different departments, branches and centres of newspaper establishments shall be treated as parts thereof b a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper 3dd nonjournalist newspaper employee means a person employed to do any work in, or in relation to, any newspaper establishment, but does not include any such person who i is a working journalist, or ii is employed mainly in a managerial or administrative capacity, or iii being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature e prescribed means prescribed by rules made under this act 4ee tribunal means, i in relation to working journalists, the tribunal constituted under section 13aa and ii in relation to nonjournalist newspaper employees, the tribunal constituted under section 13dd 5eee wages means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes i such allowances including dearness allowance as the newspaper employee is for the time being entitled to ii the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles iii any travelling concession, but does not include a any bonus b any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force c any gratuity payable on the termination of his service. explanation.in this clause, the term wages shall also include new allowances, if any, of any description fixed from time to time. f working journalist means a person whose principal avocation is that of a journalist and 6who is employed as such, either wholetime or parttime, in, or in relation to, one or more newspaper establishments, and includes an editor, a leaderwriter, newseditor, subeditor, featurewriter, copytester, reporter, correspondent, cartoonist, news photographer and proofreader, but does not include any such person who i is employed mainly in a managerial or administrative capacity, or ii being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature g all words and expressions used but not defined in this act and defined in the industrial disputes act, 14 of shall have the meanings respectively assigned to them in that act. 1. subs. by act 60 of , s. 3, for clause a. 2. ins. by act 31 of , s. 2 retrospectively. 3. ins. by act 60 of , s. 3. 4. ins. by act 6 of , s. 2 w.e.f. . 5. ins. by act 31 of , s. 2 retrospectively. 6. subs. by act 36 of , s. 2, for who is employed as such in, or in relation to, any newspaper establishment w.e.f. .

section 6. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 1 subject to any rules that may be made under this act, no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and fortyfour hours during any period of four consecutive weeks, exclusive of the time for meals. 2 every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twentyfour consecutive hours, the period between 10 p.m. and 6 a.m. being included therein. explanation.for the purposes of this section, week means a period of seven days beginning at midnight on saturday.

section 3. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 1 the provisions of the industrial disputes act, , as in force for the time being, shall, subject to the modification specified in subsection 2, apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that act. 2 section 25f of the aforesaid act, in its application to working journalists, shall be construed as if in clause a thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, the following periods of notice in relation to the retrenchment of a working journalist had been substituted, namely: a six months, in the case of an editor, and b three months, in the case of any other working journalist.

section 8. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 18.fixation or revision of rates of wages.1 the central government may, in the manner hereinafter provided, a fix rates of wages in respect of working journalists b revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section or specified in the order made under section 6 of the working journalists fixation of rates of wages act, 29 of . 2 the rates of wages may be fixed or revised by the central government in respect of working journalists for time work and for piece work.i 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. .

section 4. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : where at any time between the 14th day of july, , and the 12th day of march, , any working journalist had been retrenched, he shall be entitled to receive from the employer a wages for one month at the rate to which he was entitled immediately before his retrenchment, unless he had been given one months notice in writing before such retrenchment and b compensation which shall be equivalent to fifteen days average pay for every completed year of service under that employer or any part thereof in excess of six months.

section 9. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 19. procedure for fixing and revising rates of wages.for the purpose of fixing or revising rates of wages in respect of working journalists under this act, the central government shall, as and when necessary, constitute a wage board which shall consist of a 2three persons representing employers in relation to newspaper establishments b 2three persons representing working journalists c3four independent persons, one of whom shall be a person who is, or has been, a judge of a high court or the supreme court and who shall be appointed by that government as the chairman thereof. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. . 2. subs. by act 34 of , s. 2, for two persons w.e.f. . 3. subs. by s. 2, ibid., for three independent persons w.e.f. .

section 5. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 15. payment of gratuity.1 where a any working journalist has been in continuous service, whether before or after the commencement of this act, for not less than three years in any newspaper establishment, and i his services are terminated by the employer in relation to that newspaper establishment for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action or ii he retires from service on reaching the age of superannuation or b any working journalist has been in continuous service, whether before or after the commencement of this act, for not less than ten years in any newspaper establishment, and he voluntarily resigns on or after the 1st day of july, , from service in that newspaper establishment on any ground whatsoever other than on the ground of conscience or c any working journalist has been in continuous service, whether before or after the commencement of this act for not less than three years in any newspaper establishment, and he voluntarily resigns on or after the 1st day of july, , from service in that establishment on the ground of conscience or d any working journalist dies while he is in service in any newspaper establishment the working journalist or, in the case of his death, his nominee or nominees or, if there is no nomination in force at the time of the death of the working journalist, his family, as the case may be, shall, without prejudice to any benefits or rights accruing under the industrial disputes act, 14 of , be paid, on such termination, retirement, resignation or death, by the employer in relation to that establishment gratuity which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months: provided that in the case of a working journalist referred to in clause b, the total amount of gratuity that shall be payable to him shall not exceed twelve and half months average pay: provided further that where a working journalist is employed in any newspaper establishment wherein not more than six working journalists were employed on any day of the twelve months immediately preceding the commencement of this act, the gratuity payable to a working journalist employed in any such newspaper establishment for any period of service before such commencement shall not be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months but shall be equivalent to a three days average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service does not exceed five years b five days average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds five years but does not exceed ten years and c seven days average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds ten years. explanation.for the purposes of this subsection and subsection 1 of section 17, family means i in the case of a male working journalist, his widow, children, whether married or unmarried, and his dependent parents and the widow and children of his deceased son: provided that a widow shall not be deemed to be a member of the family of the working journalist if at the time of his death she was not legally entitled to be maintained by him ii in the case of a female working journalist, her husband, children, whether married or unmarried, and the dependent parents of the working journalist or of her husband, and the widow and children of her deceased son: provided that if the working journalist has expressed her desire to exclude her husband from the family, the husband and his dependent parents shall not be deemed to be a part of the working journalists family, and in either of the above two cases, if the child of a working journalist or of a deceased son of a working journalist has been adopted by another person and if under the personal law of the adopter, adoption is legally recognised, such a child shall not be considered as a member of the family of the working journalist. 2 any dispute whether a working journalist has voluntarily resigned from service in any newspaper establishment on the ground of conscience shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 14 of or any corresponding law relating to investigation and settlement of industrial disputes in force in any state. 3 where a nominee is a minor and the gratuity under subsection 1 has become payable during his minority, it shall be paid to a person appointed under subsection 3 of section 5a: provided that where there is no such person, payment shall be made to any guardian of the property of the minor appointed by a competent court or where no such guardian has been appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor: provided further that where the gratuity is payable to two or more nominees, and either or any of them dies, the gratuity shall be paid to the surviving nominee or nominees. 1. subs. by act 65 of , s. 3, for section 5 w.e.f. .

section 5a. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 15a. nomination by working journalist.1 notwithstanding anything contained in any law for the time being in force, or in any disposition, testamentary or otherwise in respect of any gratuity payable to a working journalist, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the gratuity for the time being due to the working journalist, the nominee shall, on the death of the working journalist, become entitled to the gratuity and to be paid the sum due in respect thereof to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner. 2 any nomination referred to in subsection 1 shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease, the working journalist making the nomination. 3 where the nominee is a minor, it shall be lawful for the working journalist making the nomination to appoint any person in the prescribed manner to receive the gratuity in the event of his death during the minority of the nominee. 1. subs. by act 65 of , s. 3, for section 5 w.e.f. .

section 13a. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113a. power of government to fix interim rates of wages.1 notwithstanding anything contained in this act, where the central government is of opinion that it is necessary so to do, it may, after consultation with the board, by notification in the official gazette, fix interim rates of wages in respect of working journalists. 2 any interim rates of wages so fixed shall be binding on all employers in relation to newspaper establishments and every working journalist shall be entitled to be paid wages at a rate which shall, in no case, be less than the interim rates of wages fixed under subsection 1. 3 any interim rates of wages fixed under subsection 1 shall remain in force until the order of the central government under section 12 comes into operation. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. .

section 10. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 110. recommendation by board.1 the board shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in the fixation or revision of rates of wages of working journalists to make such representations as they may think fit as respects the rates of wages which may be fixed or revised under this act in respect of working journalists. 2 every such representation shall be in writing and shall be made within such period as the board may specify in the notice and shall state the rates of wages which, in the opinion of the person making the representation, would be reasonable, having regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation. 3 the board shall take into account the representations aforesaid, if any, and after examining the materials placed before it make such recommendations as it thinks fit to the central government for the fixation or revision of rates of wages in respect of working journalists and any such recommendation may specify, whether prospectively or retrospectively, the date from which the rates of wages should take effect. 4 in making any recommendations to the central government, the board shall have regard to the cost of living, the prevalent rates of wages for comparable employment, the circumstances relating to the newspaper industry in different regions of the country and to any other circumstances which to the board may seem relevant. 2explanation.for the removal of doubts, it is hereby declared that nothing in this subsection shall prevent the board from making recommendations for fixation or revision of rates of wages on all india basis. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. . 2. the explanation added by act 31 of , s. 3.

section 13b. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113b. fixation or revision of rates of wages of nonjournalist newspaper employees.1 the central government may, in the manner hereinafter provided, a fix rates of wages in respect of nonjournalist newspaper employees and b revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section. 2 the rates of wages may be fixed or revised by the central government in respect of nonjournalist newspaper employees for time work and for piece work. 1. ins. by act 60 of , s. 4.

section 11. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 111. powers and procedure of the board.1 subject to the provisions contained in subsection 2, the board may exercise all or any of the powers which an industrial tribunal constituted under the industrial disputes act, 14 of , exercises for the adjudication of an industrial dispute referred to it and shall, subject to the provisions contained in this act, and the rules, if any, made thereunder, have power to regulate its own procedure. 2 any representations made to the board and any documents furnished to it by way of evidence shall be open to inspection on payment of such fee as may be prescribed, by any person interested in the matter. 3 if, for any reason, a vacancy occurs in the office of chairman or any other member of the board, the central government shall fill the vacancy by appointing another person thereto in accordance with the provisions of section 9 and any proceeding may be continued before the board so reconstituted from the stage at which the vacancy occurred. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. .

section 13dd. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113dd. constitution of tribunal for fixing or revising rates of wages in respect of nonjournalist newspaper employees.1 notwithstanding anything contained in this act, where the central government is of opinion that the board constituted under section 13c for the purpose of fixing or revising rates of wages in respect of nonjournalist newspaper employees under this act has not been able to function for any reason whatsoever effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a person who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of nonjournalist newspaper employees under this act. 2 the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under subsection 1 of this section, the central government and nonjournalist newspaper employees, subject to the modifications that a the references to the board and working journalists therein, wherever they occur, shall be construed respectively as references to the tribunal and to nonjournalist newspaper employees b in subsection 3 of section 11, i the reference to the office of chairman or any other member of the board shall be construed as a reference to the office of the person constituting the tribunal and ii the reference to section 9 shall be construed as a reference to subsection 1 of this section and c the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this section. 3 the tribunal, in discharging its functions under this act, may act on the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself: provided that if the tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may resummon any such witness, and after such further examination, crossexamination and reexamination, if any, as it may permit, the witness shall be discharged. 4 on the constitution of a tribunal under subsection 1, the board constituted under section 13c and functioning immediately before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their offices: provided that any interim rates of wages fixed by the central government under section 13a read with section 13d in respect of nonjournalist newspaper employees and in force immediately before the constitution of the tribunal shall remain in force until the order of the central government under section 12 read with this section comes into operation. 1. ins. by act 6 of , s. 4 w.e.f. .

section 12. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 112. powers of central government to enforce recommendations of the wage board.1 as soon as may be, after the receipt of the recommendations of the board, the central government shall make an order in terms of the recommendations or subject to such modifications, if any, as it thinks fit, being modifications which, in the opinion of the central government, do not effect important alterations in the character of the recommendations. 2 notwithstanding anything contained in subsection 1, the central government may, if it thinks fit, a make such modifications in the recommendations, not being modifications of the nature referred to in subsection 1, as it thinks fit: provided that before making any such modifications, the central government shall cause notice to be given to all persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writing or b refer the recommendations or any part thereof to the board, in which case, the central government shall consider its further recommendations and make an order either in terms of the recommendations or with such modifications of the nature referred to in subsection 1 as it thinks fit. 3 every order made by the central government under this section shall be published in the official gazette together with the recommendations of the board relating to the order and the order shall come into operation on the date of publication or on such date, whether prospectively or retrospectively, as may be specified in the order. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. .

section 13. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113. working journalists entitled to wages at rates not less than those specified in the order.on the coming into operation of an order of the central government under section 12, every working journalist shall be entitled to be paid by his employer wages at the rate which shall in no case be less than the rate of wages specified in the order. 1. subs. by act 65 of , s. 4, for sections 8 to 13 w.e.f. .

section 13aa. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113aa. constitution of tribunal for fixing or revising rates of wages in respect of working journalists.1 notwithstanding anything contained in this act, where the central government is of opinion that the board constituted under section 9 for the purpose of fixing or revising rates of wages in respect of working journalists under this act has not been able to function for any reason whatsoever effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a person who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of working journalists under this act. 2 the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under subsection 1 of this section, the central government and working journalists, subject to the modifications that a the references to the board therein, wherever they occur, shall be construed as references to the tribunal b in subsection 3 of section 11, i the reference to the office of chairman or any other member of the board shall be construed as a reference to the office of the person constituting the tribunal and ii the reference to section 9 shall be construed as a reference to subsection 1 of this section and c the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this section. 3 the tribunal, in discharging its functions under this act, may act on, the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself: provided that if the tribunal is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may resummon any such witness, and after such further examination, crossexamination and reexamination, if any, as it may permit, the witness shall be discharged. 4 on the constitution of a tribunal under subsection 1, the board constituted under section 9 and functioning immediately before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their offices: provided that any interim rates of wages fixed by the central government under section 13a in respect of working journalists and in force immediately before the constitution of the tribunal shall remain in force until the order of the central government under section 12 read with this section comes into operation. 1. ins. by act 6 of , s. 3. w.e.f. .

section 13c. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113c. wage board for fixing or revising rates of wages in respect of nonjournalist newspaper employees.for the purpose of fixing or revising rates of wages in respect of nonjournalist newspaper employees under this act, the central government shall, as and when necessary, constitute a wage board which shall consist of a 2three persons representing employers in relation to newspaper establishments b 2three persons representing nonjournalist newspaper employees and c 3four independent persons, one of whom shall be a person who is, or has been, a judge of a high court or the supreme court and who shall be appointed by that government as the chairman thereof. 1. ins. by act 60 of , s. 4. 2. subs. by act 34 of , s. 3, for two persons w.e.f. . 3. subs. by s. 3, ibid., for three independent persons w.e.f. .

section 13d. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 113d. application of certain provisions.the provisions of sections 10 to 13a shall apply to, and in relation to, the board constituted under section 13c, the central government and nonjournalist newspaper employees, subject to the modifications that a the references to the board and working journalists therein, wherever they occur, shall be construed respectively as references to the board constituted under section 13c and to nonjournalist newspaper employees b the references in subsection 3 of section 11 to section 9 shall be construed as a reference to section 13c and c the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this section. 1. ins. by act 60 of , s. 4.

section 14. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : the provisions of the industrial employment standing orders act, , as in force for the time being, shall apply to every newspaper establishment wherein twenty or more newspaper employees are employed or were employed on any day of the preceding twelve months as if such newspaper establishment were an industrial establishment to which the aforesaid act has been applied by a notification under subsection 3 of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that act.

section 15. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : the employees provident funds 1and miscellaneous provisions act, , as in force for the time being, shall apply to every newspaper establishment in which twenty or more persons are employed on any day, as if such newspaper establishment were a factory to which the aforesaid act had been applied by a notification of the central government under subsection 3 of section 1 thereof, and as if a newspaper employee were an employee within the meaning of that act. 1. subs. by act 99 of , s. 17, for and family pension fund w.e.f. .

section 18. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 11 if any employer contravenes any of the provisions of this act or any rule or order made thereunder, he shall be punishable with fine which may extend to two hundred rupees. 1a whoever, having been convicted of any offence under this act, is again convicted of an offence involving the contravention of the same provision, shall be punishable with fine which may extend to five hundred rupees. 1b where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 1c notwithstanding anything contained in subsection 1b, where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. 1d forthe purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this section. 3 no court shall take cognizance of an offence under this section, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed. 1. subs. by act 65 of , s. 6, for subsection 1 w.e.f. .

section 16. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this act: provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this act.

section 17. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 117. recovery of money due from an employer.1 where any amount is due under this act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the state government for the recovery of the amount due to him, and if the state government, or such authority, as the state government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the collector, and the collector shall proceed to recover that amount in the same manner as an arrear of land revenue. 2 if any question arises as to the amount due under this act to a newspaper employee from his employer, the state government may, on its own motion or upon application made to it, refer the question to any labour court constituted by it under the industrial disputes act, 14 of or under any corresponding law relating to investigation and settlement of industrial disputes in force in the state and the said act or law shall have effect in relation to the labour court as if the question so referred were a matter referred to the labour court for adjudication under that act or law. 3 the decision of the labour court shall be forwarded by it to the state government which made the reference and any amount found due by the labour court may be recovered in the manner provided in subsection 1. 1. subs. by act 65 of , s. 5, for section 17 w.e.f. .

section 19. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : no suit, prosecution or other legal proceeding shall lie against the chairman or any other member of the board 1or the person contributing the tribunal 2or an inspector appointed under this act for anything which is in good faith done or intended to be done. 1. ins. by act 6 of , s. 5 w.e.f. . 2. ins. by act 65 of , s. 7 w.e.f. .

section 16a., newspaper employees. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 116a. employer not to dismiss, discharge, etc., newspaper employees.no employer in relation to a newspaper establishment shall, by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the central government under section 12, or under section 12 read with section 13aa or section 13dd, dismiss, discharge or retrench any newspaper employee. 1. ins. by act 36 of , s. 3 w.e.f. .

section 20. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a payment of gratuity to working journalists b hours of work of working journalists c holidays, earned leave, leave on medical certificate, casual leave or any other kind of leave admissible to working journalists 1d the procedure to be followed by the board 2or, as the case may be, the tribunal, in the discharge of its functions under this act e the form of nominations, and the manner in which nominations may be made f the manner in which any person may be appointed for the purposes of subsection 3 of section 5a g the variation or cancellation of nominations h the manner of giving notice under clause a of subsection 2 of section 12 i the registers, records and musterrolls to be prepared and maintained by newspaper establishments, the forms in which they should be prepared and maintained and the particulars to be entered therein j the powers that may be exercised by an inspector k any other matter which has to be, or may be, prescribed. 33 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 4or in two or more successive sessions, and if before the expiry of the session 5immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 65 of , s. 9, for clauses d, e and f w.e.f. . 2. ins. by act 6 of , s. 6 w.e.f. . 3. subs. by act 65 of , s. 9, for subsection 3 w.e.f. . 4. subs. by act 60 of , s. 6, for or in two successive sessions. 5. subs. by s. 6, ibid., for in which it is so laid or the session immediately following.

section 17a. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 117a. maintenance of registers, records, and musterrolls.every employer in relation to a newspaper establishment shall prepare and maintain such registers, records and musterrolls and in such manner as may be prescribed. 1. subs. by act 65 of , s. 5, for section 17 w.e.f. .

section 17b. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 117b. inspectors.1 the state government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act and may define the local limits within which they shall exercise their functions. 2 any inspector appointed under subsection 1 may for the purpose of ascertaining whether any of the provisions of this act or of the working journalists fixation of rates of wages act, 29 of have been complied with in respect of a newspaper establishment a require an employer to furnish such information as he may consider necessary b at any reasonable time enter any newspaper establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the establishment c examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the newspaper establishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be or to have been an employee in the establishment d make copies of or take extracts from any book, register or other documents maintained in relation to the newspaper establishment e exercise such other powers as may be prescribed. 3 every inspector shall be deemed to be a public servant within the meaning of the indian penal code 45 of . 4 any person required to produce any document or thing or to give information by an inspector under subsection 2 shall be legally bound to do so. 1. subs. by act 65 of , s. 5, for section 17 w.e.f. .

section 21. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : repeal of act 1 of .rep. by the repealing and amending act, 58 of , s. 2 and the first schedule.

section 19a. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 119a. defects in appointments not to invalidate acts.no act or proceeding of the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of the board. 1. ins. by s. 8, ibid. w.e.f. .

section 19b. of the working journalists and other newspaper employees conditions of service and miscellaneous provisions act : 119b. saving.nothing in this act or the working journalists fixation of rates of wages act, 29 of shall apply to 2any newspaper employee who is an employee of the government to whom the fundamental and supplementary rules, civil services classification, control and appeal rules, civil services temporary service rules, revised leave rules, civil service regulations, civilians in defence services classification, control and appeal rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the central government in the official gazette, apply. 1. ins. by s. 8, ibid. w.e.f. . 2. subs. by act 60 of , s. 5.

section 8. of the university grants commission act : no act or proceedings of the commission shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the commission.

section 1. of the university grants commission act : 1 this act may be called the university grants commission act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 5th november, , vide notification no. s.r.o. , dated 1st november, , see gazette of india, extraordinary, part ii, sec. 3.

section 7. of the university grants commission act : the commission shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this act.

section 4. of the university grants commission act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a commission by the name of the university grants commission. 2 the said commission shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and be sued.

section 9. of the university grants commission act : 1 the commission may associate with itself, in such manner and for such purposes as may be determined by regulations made under this act, any person whose assistance or advice it may desire in carrying out any of the provisions of this act. 2 a person associated with it by the commission under subsection 1 for any purpose shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the commission, and shall not be a member of any other purpose.

section 3. of the university grants commission act : the central government may, on the advice of the commission, declare, by notification in the official gazette, that any institution for higher education, other than a university, shall be deemed to be a university for the purposes of this act, and on such a declaration being made, all the provisions of this act shall apply to such institution as if it were a university within the meaning of clause f of section 2.

section 10. of the university grants commission act : subject to such rules as may be made by the central government in this behalf, the commission may appoint a secretary and such other employees as it may think necessary for the efficient performance of its functions under this act and the terms and conditions of service of the employees shall be such as may be determined by the commission.

section 5. of the university grants commission act : 11 the commission shall consist of i a chairman, ii a vicechairman, and iii ten other members, to be appointed by the central government. 2 the chairman shall be chosen from among persons who are not officers of the central government or of any state government. 3 of the other members referred to in clause /iii of subsection 1 a two shall be chosen from among the officers of the central government, to represent that government b not less than four shall be chosen from among persons who are, at the time when they are so chosen, teachers of universities and c the remainder shall be chosen from among persons i who have knowledge of, or experience in, agriculture, commerce, forestry or industry ii who are members of the engineering, legal, medical or any other learned profession or iii who are vicechancellors of universities or who, not being teachers of universities, are, in the opinion of the central government, educationists of repute or have obtained high academic distinctions: provided that not less than onehalf of the number chosen under this clause shall be from among persons who are not officers of the central government or of any state government. 4 the vicechairman shall exercise such of the powers, and discharge such of the duties, of the chairman as may be prescribed. 5 every appointment under this section shall take effect from the date on which it is notified by the central government in the official gazette. 1. subs. by s. 3, ibid., for section 5 w.e.f. .

section 12b. of the university grants commission act : 1212b.prohibition regarding giving of any grant to a university not declared by the commission fit to receive such grant.no grant shall be given by the central government, the commission, or any other organisation receiving any funds from the central government, to a university which is established after the commencement of the university grants commission amendment act, 33 of , unless the commission has, after satisfying itself as to such matters as may be prescribed, declared such university to be fit for receiving such grant. 1. ins. by act 33 of , s. 6 w.e.f. . 2. section 12a renumbered as section 12b of that section by act 59 of , s. 3 w.e.f.

section 6. of the university grants commission act : 11 a person appointed as chairman, vicechairman or other member after the commencement of the university grants commission amendment act, shall, unless he sooner becomes disqualified for continuing as such under the rules that may be made under this act, a in the case of chairman, hold office for a term of five years or until he attains the age of sixtyfive years, whichever is earlier b in the case of vicechairman, hold office for a term of three years or until he attains the age of sixtyfive years, whichever is earlier c in the case of any other member, hold office for a term of three years: provided that i a person who has held office as chairman or vicechairman shall be eligible for further appointment as chairman, vicechairman or other member, and ii a person who has held office as any other member shall be eligible for further appointment as chairman, vicechairman or other member: provided further that a person who has held office for two terms, in any capacity, whether as chairman, vicechairman or other member excluding a member referred to in clause a of subsection 3 of section 5, shall not be eligible for any further appointment as chairman, vicechairman or other member. 2 a member may resign his office by writing under his hand addressed to the central government, but he shall continue in office until his resignation is accepted by the central government. 23 if a casual vacancy occurs in the office of the chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the vicechairman holding office as such for the time being shall, notwithstanding anything contained in subsection 2 of section 5, act as the chairman and shall, unless any other person is appointed earlier as the chairman, hold the office of the chairman for the remainder of the term of office of the person in whose place he is to so act: provided that where no vicechairman is holding office at the time when the vacancy in the office of the chairman occurs, the central government shall, notwithstanding anything contained in subsection 2 of section 5, appoint any other member to act as the chairman and the person so appointed shall not hold the office of the chairman for a period exceeding six months. 4 if a casual vacancy occurs in the office of the vicechairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the central government by making a fresh appointment and the member so appointed shall hold office for a term of three years. 5 the office of the chairman and the vicechairman shall be wholetime and salaried and subject thereto, the terms and conditions of service of the chairman, vicechairman and other members shall be such as may be prescribed. 1. subs. by act 70 of , s. 2, for subsection 1 w.e.f. . 2. subs. by act 33 of , s. 4, for subsections 3 and 4 w.e.f. .

section 13. of the university grants commission act : 1 for the purpose of ascertaining the financial needs of a university or its standards of teaching, examination and research, the commission may, after consultation with the university, cause an inspection of any department or departments thereof to be made in such manner as may be prescribed and by such person or persons as it may direct. 2 the commission shall communicate to the university the date on which any inspection under subsection 1 is to be made and the university shall be entitled to be associated with the inspection in such manner as may be prescribed. 3 the commission shall communicate to the university its views in regard to the results of any such inspection and may, after ascertaining the opinion of the university, recommend to the university the action to be taken as a result of such inspection. 4 all communications to a university under this section shall be made to the executive authority thereof and the executive authority of the university shall report to the commission the action, if any, which is proposed to be taken for the purpose of implementing any such recommendation as is referred to in subsection 3.

section 12. of the university grants commission act : it shall be the general duty of the commission to take, in consultation with the universities or other bodies concerned, all such steps as it may think fit for the promotion and coordination of university education and for the determination and maintenance of standards of teaching, examination and research in universities, and for the purpose of performing its functions under this act, the commission may a inquire into the financial needs of universities b allocate and disburse, out of the fund of the commission, grants to universities established or incorporated by or under a central act for the maintenance and development of such universities or for any other general or specified purpose c allocate and disburse, out of the fund of the commission, such grants to other universities as it may deem 1necessary or appropriate for the development of such universities or for the maintenance, or development, or both, of any specified activities of such universities or for any other general or specified purpose: provided that in making any grant to any such university, the commission shall give due consideration to the development of the university concerned, its financial needs, the standard attained by it and the national purposes which it may serve 2cc allocate and disburse out of the fund of the commission, such grants to institutions deemed to be universities in pursuance of a declaration made by the central government under section 3, as it may deem necessary, for one or more of the following purposes, namely: i for maintenance in special cases, ii for development, iii for any other general or specified purpose 3ccc establish, in accordance with the regulations made under this act, institutions for providing common facilities, services and programmes for a group of universities or for the universities in general and maintain such institutions or provide for their maintenance by allocating and disbursing out of the fund of the commission such grants as the commission may deem necessary d recommend to any university the measures necessary for the improvement of university education and advise the university upon the action to be taken for the purpose of implementing such recommendation e advise the central government or any state government on the allocation of any grants to universities for any general or specified purpose out of the consolidated fund of india or the consolidated fund of the state, as the case may be f advise any authority, if such advise is asked for, on the establishment of a new university or on proposals connected with the expansion of the activities of any university g advise the central government or any state government or university on any question which may be referred to the commission by the central government or the state government or the university, as the case may be h collect information on all such matters relating to university education in india and other countries as it thinks fit and make the same available to any university i require a university to furnish it with such information as may be needed relating to the financial position of the university or the studies in the various branches of learning undertaken in that university, together with all the rules and regulations relating to the standards of teaching and examination in that university respecting each of such branches of learning j perform such other functions as may be prescribed or as may be deemed necessary by the commission for advancing the cause of higher education in india or as may be incidental or conducive to the discharge of the above functions. 1. subs. by act 33 of , s. 5, for necessary for the development of such universities w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. ins. by act 59 of , s. 2 w.e.f. .

section 15. of the university grants commission act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the commission in each financial year such sums as may be considered necessary for the performance of the functions of the commission under this act.

section 17. of the university grants commission act : the commission shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 11. of the university grants commission act : all orders and decisions of the commission shall be authenticated by the signature of the chairman or any other member authorised by the commission in this behalf, and all other instruments issued by the commission shall be authenticated by the signature of the secretary or any other officer of the commission authorised in like manner in this behalf.

section 14. of the university grants commission act : if any university 1grants affiliation in respect of any course of study to any college referred to in subsection 5 of section 12a in contravention of the provisions of that subsection or fails within a reasonable time to comply with any recommendation made by the commission under section 12 or section 13, 2or contravenes the provisions of any rule made under clause f or clause g of subsection 2 of section 25, or of any regulation made under clause e or clause f or clause g of section 26, the commission, after taking into consideration the cause, if any, shown by the university 3for such failure or contravention, may withhold from the university the grants proposed to be made out of the fund of the commission. 1. ins. by s. 4, ibid. w.e.f. . 2. ins. by act 33 of , s. 7 w.e.f. . 3. subs. by s. 7, ibid., for for its failure to comply with such recommendation w.e.f. .

section 16. of the university grants commission act : 1 the commission shall have its own fund and all sums which may, from time to time, be paid to it by the central government and all the receipts of the commission including any sum which any state government or any other authority or person may hand over to the commission shall be carried to the fund and all payments by the commission shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the central government, be decided by the commission. 3 the commission may spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the commission.

section 12a. of the university grants commission act : 112a. regulation of fees and prohibition of donations in certain cases.1 in this section, a affiliation, together with its grammatical variations includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a university b college means any institution, whether known as such of by any other name which provides for a course of study for obtaining any qualification from a university and which, in accordance with the rules and regulations of such university, is recognised as competent to provide for such course of study and present students undergoing such course of study for the examination for the award of such qualification c prosecution, in relation to a course of study, includes promotion from one part or stage of the course of study to another part or stage of the course of study d qualification means a degree or any other qualification awarded by a university e regulations means regulations made under this act f specified course of study means a course of study in respect of which regulations of the nature mentioned in subsection i2 have been made g student includes a person seeking admission as a student h university means a university or institution referred to in subsection 1 of section 22. 2 without prejudice to the generality of the provisions of section 12 if, having regard to a the nature of any course of study for obtaining any qualification from any university b the types of activities in which persons obtaining such qualification are likely to be engaged on the basis of such qualification c the minimum standards which a person possessing such qualification should be able to maintain in his work relating to such activities and the consequent need for ensuring, so far as may be, that no candidate secures admission to such course of study by reason of economic power and thereby prevents a more meritorious candidate from securing admission to such course of study and d all other relevant factors, the commission is satisfied that it is necessary so to do in the public interest, it may, after consultation with the university or universities concerned, specify by regulations the matters in respect of which fees may be charged, and the scale of fees in accordance with which fees shall be charged in respect of those matters on and from such date as may be specified in the regulations in this behalf, by any college providing for such course of study from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study: provided that different matters and different scales of fees may be so specified in relation to different universities or different classes of colleges or different areas. 3 where regulations of the nature referred to in subsection 2 have been made in relation to any course of study, no college providing for such course of study shall a levy or charge fees in respect of any matter other than a matter specified in such regulations b levy or charge any fees in excess of the scale of fees specified in such regulations, or c accept, either directly or indirectly, any payment otherwise than by way of fees or any donation or gift whether in cash or kind, from, or in relation to, any student in connection with his admission to, and prosecution of, such course of study. 4 if, after making, in relation to a college providing for a specified course of study, an inquiry in the manner provided by regulations, and after giving such college a reasonable opportunity of being heard, the commission is satisfied that such college has contravened the provisions of subsection 3, the commission may, with the previous approval of the central government, pass an order prohibiting such college from presenting any students then undergoing such course of study therein to any university for the award of the qualification concerned. 5 the commission shall forward a copy of the order made by it under subsection 4 to the university concerned, and on and from the date of receipt by the university of a copy of such order, the affiliation of such college to such university shall, in so far as it relates to the course of study specified in such order, stand terminated and on and from the date of termination of such affiliation and for a period of three years thereafter affiliation shall not be granted to such college in relation to such or similar course of study by that or any other university. 6 on the termination of the affiliation of any college under subsection 5, the commission shall take all such steps as it may consider appropriate for safeguarding the interests of the students concerned. 7 the provisions of this section and the regulations made for the purposes of this section shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 1. ins. by act 59 of , s. 3 w.e.f. .

section 18. of the university grants commission act : the commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the central government and the government shall cause the same to be laid before both houses of parliament.

section 19. of the university grants commission act : 1 the commission shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed. 2 the commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the comptroller and auditorgeneral by such date, as the central government may, in consultation with the comptroller and auditorgeneral, determine. 3 the accounts of the commission shall be audited by the comptroller and auditorgeneral at such times and in such manner as he thinks fit. 4 the annual accounts of the commission together with the audit report thereon shall be forwarded to the central government and the government shall cause the same to be laid before both houses of parliament and shall also forward a copy of the audit report to the commission for taking suitable action on the matters arising out of the audit report.

section 21. of the university grants commission act : the commission shall furnish to the central government such returns or other information with respect to its property or activities as the central government may, from time to time, require.

section 20. of the university grants commission act : 1 in the discharge of its functions under this act, the commission shall be guided by such directions on questions of policy relating to national purposes as may be given to it by the central government. 2 if any dispute arises between the central government and the commission as to whether a question is or is not a question of policy relating to national purposes, the decision of the central government shall be final.

section 22. of the university grants commission act : show related subordinates 1 the right of conferring or granting degrees shall be exercised only by a university established or incorporated by or under a central act, a provincial act or a state act or an institution deemed to be a university under section 3 or an institution specially empowered by an act of parliament to confer or grant degrees. 2 save as provided in subsection 1, no person or authority shall confer, or grant, or hold himself or itself out as entitled to confer or grant, any degree. 3 for the purposes of this section, degree means any such degree as may, with the previous approval of the central government, be specified in this behalf by the commission by notification in the official gazette.

section 27. of the university grants commission act : 127. power to delegate.1 the commission may, 2 by regulations made, by notification in the official gazette, under this act, delegate to its chairman, vicechairman or any of its officers, its power of general superintendence and direction over the business transacted by, or in, the commission, including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the commission. 2 no regulation shall be made under this section except with the previous approval of the central government. 1. ins. by act 33 of , s. 8 w.e.f. . 2. subs. by act 59 of , s. 7, for by regulation made w.e.f. .

section 23. of the university grants commission act : no institution, whether a corporate body or not, other than a university established or incorporated by or under a central act, a provincial act or a state act shall be entitled to have the word university associated with its name in any manner whatsoever: provided that nothing in this section shall, for a period of two years from the commencement of this act, apply to an institution which, immediately before such commencement, had the word university associated with its name.

section 28. of the university grants commission act : 128. laying of rules and regulations before parliament. every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1 ins. by s. 8, ibid. w.e.f. .

section 24. of the university grants commission act : whoever contravenes the provisions of section 22 or section 23 shall be punishable with fine which may extend to one thousand rupees, and if the person contravening is an association or other body of individuals, every member of such association or other body who knowingly or wilfully authorises or permits the contravention shall be punishable with fine which may extend to one thousand rupees.

section 25. of the university grants commission act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure for the retirement of members under section 6 b the disqualifications for continuing as a member of the commission c the terms and conditions of service of members of the commission d the terms and conditions of service of employees appointed by the commission e the additional functions which may be performed by the commission under clause j of section 12 f the returns and information which are to be furnished by universities in respect of their financial position or standards of teaching and examination maintained therein g the inspection of universities h the form and manner in which the budget and reports are to be prepared by the commission i the manner in which the accounts of the commission are to be maintained j the form and manner in which returns or other information are to be furnished by the commission to central government k any other matter which has to be, or may be, prescribed. 13 the power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 1. subs. by act 59 of , s. 5, for subsection 3 w.e.f. .

section 26. of the university grants commission act : show related subordinates 1 the commission 1may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder, a regulating the meetings of the commission and the procedure for conducting business thereat b regulating the manner in which and the purposes for which persons may be associated with the commission under section 9 c specifying the terms and conditions of service of the employees appointed by the commission d specifying the institutions or class of institutions which may be recognised by the commission under clause f of section 2 e defining the qualifications that should ordinarily be required of any person to be appointed to the teaching staff of the university, having regard to the branch of education in which he is expected to give instruction f defining the minimum standards of instruction for the grant of any degree by any university g regulating the maintenance of standards and the coordination of work or facilities in universities. 2h regulating the establishment of institutions referred to in clause ccc of section 12 and other matters relating to such institutions i specifying the matters in respect of which fees may be charged, and scales of fees in accordance with which fees may be charged, by a college under subsection 2 of section 12a j specifying the manner in which an inquiry may be conducted under subsection 4 of section 12a. 2 no regulation shall be made under clause a or clause b or clause c or clause d 2orclause h or clause i or clause jof subsection 1 except with the previous approval of the central government. 23 the power to make regulations conferred by this section except clause i and clause j of subsection 1 shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the regulations or any of them but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable. 1. subs. by s. 6, ibid., for may make regulations w.e.f. . 2. ins. by act 59 of , s. 6 w.e.f. .

section 4. of the allindia services act : all rules in force immediately before the commencement of this act and applicable to an allindia service shall continue to be in force and shall be deemed to be rules made under this act.

section 3. of the allindia services act : show related subordinates 1 the central government may, after consultation with the governments of the states concerned, 1 2and by notification in the official gazette make rules for the regulation of recruitment, and the conditions of service of persons appointed to an allindia service. 31a the power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 42 every rule made by the central government under this section and every regulation made under or in pursuance of any such rule, shall be laid, as soon as may be after such rule or regulation is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in such rule or regulation or both houses agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 1. the words including the state of jammu and kashmir omitted by the jammu and kashmir reorganisation adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . earlier ins. by act 25 of , s. 2. 2. ins. by act 19 of , s. 3. 3. ins. by act 23 of , s. 2. 4. subs. by act 19 of , s. 3, for subsection 2.

section 2a. of the allindia services act : 12a. other allindia services.with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be constituted the following allindia services and different dates may be appointed for different services, namely: 1. the indian service of engineers irrigation, power, buildings and roads 2. the indian forest service 3. the indian medical and health service. 1. ins. by s. 3, ibid.

section 1. of the allindia services act : this act may be called the allindia services act, .

section 2. of the allindia services act : in this act, the expression an allindia service means the service known as the indian administrative service or the service known as the indian police service, 1or any other service specified in section 2a. 1. ins. by act 27 of , s. 2.

section 5aa. of the employees provident funds and miscellaneous provisions act : 15aa. executive committee. 1 the central government may, by notification in the official gazette, constitute, with effect from such date as may be specified therein, an executive committee to assist the central board in the performance of its functions. 2 the executive committee shall consist of the following persons as members, namely: a a chairman appointed by the central government from amongst the members of the central board b two persons appointed by the central government from amongst the persons referred to in clause b of subsection 1 of section 5a c three persons appointed by the central government from amongst the persons referred to in clause c of subsection 1 of section 5a d three persons representing the employers elected by the central board from amongst the persons referred to in clause d of subsection 1 of section 5a e three persons representing the employees elected by the central board from amongst the persons referred to in clause e of subsection 1 of section 5a f the central provident fund commissioner, ex officio. 3 the terms and conditions subject to which a member of the central board may be appointed or elected to the executive committee and the time, place and procedure of the meetings of the executive committee shall be such as may be provided for in the scheme. 1. ins. by act 33 of , s. 5 w.e.f. .

The Employees Provident Funds and Miscellaneous Provisions Act, 1952

section 1. of the employees provident funds and miscellaneous provisions act : show related subordinates 11 this act may be called the employees provident funds and miscellaneous provisions act, . 2 it extends to the whole of india 2. 33 subject to the provisions contained in section 16, it applies a to every establishment which is a factory engaged in any industry specified in schedule i and in which 4twenty or more persons are employed, and b to any other establishment employing 4twenty or more persons or class of such establishments which the central government may, by notification in the official gazette, specify in this behalf: provided that the central government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment employing such number of persons less than 4twenty as may be specified in the notification. 54 notwithstanding anything contained in subsection 3 of this section or subsection 1 of section 16, where it appears to the central provident fund commissioner, whether on an application made to him in this behalf or otherwise, that the employer and the majority of employees in relation to any establishment have agreed that the provisions of this act should be made applicable to the establishment, he may, by notification in the official gazette, apply the provisions of this act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement. 65 an establishment to which this act applies shall continue to be governed by this act notwithstanding that the number of persons employed therein at any time falls below twenty. 7 1. subs. by act 99 of , s. 17, for subsection 1 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. and extended to the union territory of jammu and kashmir and union territory of ladakh by notification no. s.o. e, part iisection 3subsection ii dated w.e.f. . 3. subs. by act 94 of , s. 2, for subsection 3. 4. subs. by act 46 of , s. 2, for fifty w.e.f. . 5. subs. by act 33 of , s. 2, for subsection 4 w.e.f. . 6. ins. by act 46 of , s. 2 w.e.f. . 7. the proviso omitted by act 16 of , s. 13 w.e.f. .

section 5a. of the employees provident funds and miscellaneous provisions act : 15a. central board.1 the central government may, by notification in the official gazette, constitute, with effect from such date as may be specified therein, a board of trustees for the territories to which this act extends hereinafter in this act referred to as the central board consisting of the following 2persons as members namely: a 3a chairman and a vicechairman to be appointed by the central government 4aa the central provident fund commissioner, ex officio b not more than five persons appointed by the central government from amongst its officials c not more than fifteen persons representing governments of such states as the central government may specify in this behalf, appointed by the central government d 5ten persons representing employers of the establishments to which the scheme applies, appointed by the central government after consultation with such organisations of employers as may be recognised by the central government in this behalf and e 5ten persons representing employees in the establishments to which the scheme applies, appointed by the central government after consultation with such organisations of employees as may be recognised by the central government in this behalf. 2 the terms and conditions subject to which a member of the central board may be appointed and the time, place and procedure of the meetings of the central board shall be such as may be provided for in the scheme. 3 the central board shall 6, subject to the provisions of section 6a 7and section 6c, administer the fund vested in it in such manner as may be specified in the scheme. 4 the central board shall perform such other functions as it may be required to perform by or under any provisions of the scheme 8, the 9pension scheme and the insurance scheme. 105 the central board shall maintain proper accounts of its income and expenditure in such form and in such manner as the central government may, after consultation with the comptroller and auditorgeneral of india, specify in the scheme. 6 the accounts of the central board shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the central board to the comptroller and auditorgeneral of india. 7 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the central board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has, in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the central board. 8 the accounts of the central board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded to the central board which shall forward the same to the central government along with its comments on the report of the comptroller and auditorgeneral. 9 it shall be the duty of the central board to submit also to the central government an annual report of its work and activities and the central government shall cause a copy of the annual report, the audited accounts together with the report of the comptroller and auditorgeneral of india and the comments of the central board thereon to be laid before each house of parliament. 1. ins. by act 28 of , s. 4 w.e.f. . 2. subs. by act 33 of , s. 4, for persons w.e.f. . 3. subs. by s. 4, ibid., for a chairman w.e.f. . 4. ins. by s. 4, ibid. w.e.f. . 5. subs. by s. 4, ibid., for six persons w.e.f. . 6. ins. by act 16 of , s. 15 w.e.f. . 7. ins. by act 99 of , s. 19 w.e.f. . 8. subs. by s. 19, ibid., for and the family pension scheme w.e.f. . 9. subs. by act 25 of , s. 4, for family pension w.e.f. . 10. ins. by act 33 of , s. 4 w.e.f.

section 2a. of the employees provident funds and miscellaneous provisions act : 12a. establishment to include all departments and branches.for the removal of doubts, it is hereby declared that where an establishment consists of different departments or has branches, whether situate in the same place or in different places, all such departments or branches shall be treated as parts of the same establishment. 1. ins. by act 46 of , s. 3 w.e.f. .

section 2. of the employees provident funds and miscellaneous provisions act : in this act, unless the context otherwise requires, 1a appropriate government means i in relation to an establishment belonging to, or under the control of, the central government or in relation to an establishment connected with a railway company, a major port, a mine or an oilfield or a controlled industry, 2or in relation to an establishment having departments or branches in more than one state, the central government and ii in relation to any other establishment, the state government 3aa authorised officer means the central provident fund commissioner, additional central provident fund commissioner, deputy provident fund commissioner, regional provident fund commissioner or such other officer as may be authorised by the central government, by notification in the official gazette b basic wages means all emoluments which are earned by an employee while on duty or 4on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include i the cash value of any food concession ii any dearness allowance that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living, houserent allowance, overtime allowance, bonus commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment iii any presents made by the employer c contribution means a contribution payable in respect of a member under a scheme 5or the contribution payable in respect of an employee to whom the insurance scheme applies d controlled industry means any industry the control of which by the union has been declared by a central act to be expedient in the public interest 6e employer means i in relation to an establishment which is a factory, the owner or occupier of the factory, including the agent of such owner or occupier, the legal representative of a deceased owner or occupier and, where a person has been named as a manager of the factory under clause f of subsection 1 of section 7 of the factories act, 63 of , the person so named and ii in relation to any other establishment, the person who, or the authority which, has the ultimate control over the affairs of the establishment, and where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent f employee means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of 7an establishment, and who gets his wages directly or indirectly from the employer, 8and includes any person i employed by or through a contractor in or in connection with the work of the establishment ii engaged as an apprentice, not being an apprentice engaged under the apprentices act, 52 of , or under the standing orders of the establishment 9ff exempted employee means an employee to whom a scheme 10or the insurance scheme, as the case may be, would, but for the exemption granted under 11 section 17, have applied fff exempted 12establishment means 13an establishment in respect of which an exemption has has been granted under section 17 from the operation of all or any of the provisions of any scheme 10or the insurance scheme, as the case may be, whether such exemption has been granted to the 12establishment as such or to any person or class of persons employed therein g factory means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on, whether with the aid of power or without the aid of power 14 h fund means the provident fund established under a scheme i industry means any industry specified in schedule i, and includes any other industry added to the schedule by notification under section 4 10ia insurance fund means the depositlinked insurance fund established under subsection 2 of section 6c ib insurance scheme means the employees depositlinked insurance scheme framed under subsection 1 of section 6c 15 16ic manufacture or manufacturing process means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal j member means a member of the fund k occupier of a factory means the person who has ultimate control over the affairs of the factory, and, where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory 17ka pension fund means the employees pension fund established under subsection 2 of section 6a kb pension scheme means the employees pension scheme framed under subsection 1 of section 6a 18ka prescribed means prescribed by rules made under this act kb recovery officer means any officer of the central government, state government or the board of trustees constituted under section 5a, who may be authorised by the central government, by notification in the official gazette, to exercise the powers of a recovery officer under this act 19l scheme means the employees provident fund scheme framed under section 5 20ll superannuation, in relation to an employee, who is the member of the pension scheme means the attainment, by the said employee, of the age of fiftyeight years 21m tribunal means the industrial tribunal referred to in section 7 d. 1. subs. by act 22 of , s. 2, for clause a. 2. ins. by act 22 of , s. 2 w.e.f. . 3. ins. by act 33 of , s. 3 w.e.f. . 4. subs. by s. 3, ibid., for on leave with wages w.e.f. . 5. ins. by act 99 of , s. 18 w.e.f. . 6. subs. by act 94 of , s. 4, for clause e. 7. subs. by ibid., s. 3, for a factory. 8. subs. by act 33 of , s. 3, for and includes any person employed by or through a contractor in or in connection with the work of the establishment w.e.f. . 9. ins. by act 37 of , s. 3. 10. ins. by act 99 of , s. 18 w.e.f. . 11. the words, brackets and figure subsection 1 of omitted by act 28 of , s. 2 w.e.f. . 12. subs. by act 94 of , s. 3, for factory. 13. subs. by s. 3, ibid., for a factory. 14. omitted by act 25 of , s. 3 w.e.f. . 15. subs. by act 28 of , s. 2, for clause ia w.e.f. . 16. clause ia relettered as clause ic by act 99 of , s. 18 w.e.f. . 17. ins. by act 25 of , s. 3 w.e.f. . 18. ins. by act 33 of , s. 3 w.e.f. . 19. subs. by act 16 of , s. 14, for clause l w.e.f. . 20. ins. by act 25 of , s. 3 w.e.f. . 21. ins. by act 7 of , s. 159 w.e.f. .

section 5b. of the employees provident funds and miscellaneous provisions act : 15b. state board. 1 the central government may, after consultation with the government of any state, by notification in the official gazette, constitute for that state a board of trustees hereinafter in this act referred to as the state board in such manner as may be provided for in the scheme. 2 a state board shall exercise such powers and perform such duties as the central government may assign to it from time to time. 3 the terms and conditions subject to which a member of a state board may be appointed and the time, place and procedure of the meetings of a state board shall be such as may be provided for in the scheme. 1. ins. by act 28 of , s. 4.

section 4. of the employees provident funds and miscellaneous provisions act : 1 the central government may, by notification in the official gazette, add to schedule i any other industry in respect of the employees whereof it is of opinion that a provident fund scheme should be framed under this act, and thereupon the industry so added shall be deemed to be an industry specified in schedule i for the purposes of this act. 2 all notifications under subsection 1 shall be laid before parliament, as soon as may be, after they are issued.

section 5d. of the employees provident funds and miscellaneous provisions act : 15d. appointment of officers. 1 the central government shall appoint a central provident fund commissioner who shall be the chief executive officer of the central board and shall be subject to the general control and superintendence of that board. 2 the central government may also appoint 2a financial adviser and chief accounts officers to assist the central provident fund commissioner in the discharge of his duties. 3 the central board may appoint 3, subject to the maximum scale of pay, as may be specified in the scheme, as many additional central provident fund commissioners, deputy provident fund commissioners, regional provident fund commissioners, assistant provident fund commissioners and such other officers and employees as it may consider necessary for the efficient administration of the scheme 4, the 5pension scheme and the insurance scheme. 4 no appointment to 6the post of the central provident fund commissioner or an additional central provident fund commissioner or a financial adviser and chief accounts officer or any other post under the central board carrying a scale of pay equivalent to the scale of pay of any group a or group b post under the central government shall be made except after consultation with the union public service commission: provided that no such consultation shall be necessary in regard to any such appointment a for a period not exceeding one year or b if the person to be appointed is at the time of his appointment i a member of the indian administrative service, or ii in the service of the central government or a state government or the central board in a 7group a or group b post. 5 a state board may, with the approval of the state government concerned, appoint such staff as it may consider necessary. 6 the method of recruitment, salary and allowances, discipline and other conditions of service of the central provident fund commissioner, 8and the financial adviser and chief accounts officer shall be such as may be specified by the central government and such salary and allowances shall be paid out of the fund. 97 a the method of recruitment, salary and allowances, discipline and other conditions of service of the additional central provident fund commissioner, deputy provident fund commissioner, regional provident fund commissioner, assistant provident fund commissioner and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to the officers and employees of the central government drawing corresponding scales of pay: provided that where the central board is of the opinion that it is necessary to make a departure from the said rules or orders in respect of any of the matters aforesaid, it shall obtain the prior approval of the central government. b in determining the corresponding scales of pay of officers and employees under clause a, the central board shall have regard to the educational qualifications, method of recruitment, duties and responsibilities of such officers and employees under the central government and in case of any doubt, the central board shall refer the matter to the central government whose decision thereon shall be final. 8 the method of recruitment, salary and allowances, discipline and other conditions of service of officers and employees of a state board shall be such as may be specified by that board, with the approval of the state government concerned. 1. ins. by act 28 of , s. 4. 2. subs. by act 33 of , s. 6, for certain words w.e.f. . 3. ins. by, s. 6, ibid. w.e.f. . 4. subs. by act 99 of , s. 20, for and the family pension scheme w.e.f. . 5. subs. by act 25 of , s. 4, for family pension w.e.f. . 6. subs. by act 33 of , s. 6, for certain words w.e.f. . 7. subs. by s. 6, ibid., for class i or class ii post w.e.f. . 8. subs. by s. 6, ibid., for deputy provident fund commissioner and regional provident fund commissioner w.e.f. . 9. subs. by s. 6, ibid., for subsection 7 w.e.f. .

section 3.power to apply act to an establishment which has a common provident fund with another establishment of the employees provident funds and miscellaneous provisions act : 13. power to apply act to an establishment which has a common provident fund with another establishment.where immediately before this act becomes applicable to an establishment there is in existence a provident fund which is common to the employees employed in that establishment and employees in any other establishment, the central government may, by notification in official gazette, direct that the provisions of this act shall also apply to such other establishment. 1. subs. by act 94 of , s. 5, for section 3.

section 5dd. of the employees provident funds and miscellaneous provisions act : 15dd. acts and proceedings of the central board or its executive committee or the state board not to be in validated on certain grounds. no act done or proceeding taken by the central board or the executive committee constituted under section 5aa or the state board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the central board or the executive committee or the state board, as the case may be. 1. ins. by act 33 of , s. 7. w.e.f. .

section 6. of the employees provident funds and miscellaneous provisions act : 1 the contribution which shall be paid by the employer to the fund shall be 2ten per cent. of the basic wages, 3dearness allowance and retaining allowance if any for the time being payable to each of the employees 4whether employed by him directly or by or through a contractor, and the employees contribution shall be equal to the contribution payable by the employer in respect of him and may, 5if any employee so desires, be an amount exceeding 2ten per cent. of his basic wages, dearness allowance and retaining allowance if any, subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under this section: 6provided that in its application to any establishment or class of establishments which the central government, after making such inquiry as it deems fit, may, by notification in the official gazette specify, this section shall be subject to the modification that for the words 2ten per cent., at both the places where they occur, the words7twelve per cent. shall be substituted: provided further that where the amount of any contribution payable under this act involves a fraction of a rupee, the scheme may provide for the rounding off of such fraction to the nearest rupee, half of a rupee or quarter of a rupee. 8explanation 1. for the purposes of this 13section, dearness allowance shall be deemed to include also the cash value of any food concession allowed to the employee. 10explanation 2. for the purposes of this 9section, retaining allowance means an allowance payable for the time being to an employee of any factory or other establishment during any period in which the establishment is not working, for retaining his services. 11 1. the brackets and figure 1 omitted by act 28 of , s. 5 w.e.f. . 2. subs. by act 10 of , s. 2, for eight and onethird per cent. w.e.f. . 3. subs. by act 46 of , s. 4, for and the dearness allowance w.e.f. . 4. ins. by act 28 of , s. 5 w.e.f. . 5. subs. by act 33 of , s. 9, for certain words w.e.f. . 6. subs. by s. 9, ibid., for the first proviso w.e.f. . 7. subs. by act 10 of , s. 2, for ten per cent. w.e.f. . 8. the explanation. renumbered as explanation 1 by act 46 of , s. 4 w.e.f. . 9. subs. by act 28 of , s. 5, for subsection w.e.f. . 10. the explanation ins. by act 46 of , s. 4 w.e.f. . 11. omitted by act 28 of , s. 5 w.e.f. .

section 5. of the employees provident funds and miscellaneous provisions act : 11 the central government may, by notification in the official gazette, frame a scheme to be called the employees provident fund scheme for the establishment of provident funds under this act for employees or for any class of employees and specify the 2establishments or class of 2establishments to which the said scheme shall apply 3and there shall be established, as soon as may be after the framing of the scheme, a fund in accordance with the provisions of this act and the scheme. 41a the fund shall vest in, and be administered by, the central board constituted under section 5a. 1b subject to the provisions of this act, a scheme framed under subsection 1 may provide for all or any of the matters specified in schedule ii. 52 a scheme framed under subsection 1 may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in the scheme. 1. section 5 renumbered as subsection 1 thereof by act 37 of , s. 4. 2. subs. by act 94 of , s. 3, for factories. 3. ins. by act 37 of , s. 4. 4. ins. by act 28 of , s. 3 w.e.f. . 5. ins. by act 37 of , s. 4.

section 6c. of the employees provident funds and miscellaneous provisions act : 16c. employees deposit linked insurance scheme. 1 the central government may, by notification in the official gazette, frame a scheme to be called the employees depositlinked insurance scheme for the purpose of providing life insurance benefits to the employees of any establishment or class of establishments to which this act applies. 2 there shall be established, as soon as may be after the framing of the insurance scheme, a depositlinked insurance fund into which shall be paid by the employer from time to time in respect of every such employee in relation to whom he is the employer, such amount, not being more than one per cent. of the aggregate of the basic wages, dearness allowance and retaining allowance if any for the time being payable in relation to such employee as the central government may, by notification in the official gazette, specify. explanation.for the purposes of this subsection, the expressions dearness allowance and relating allowance have the same meanings as in section 6. 2 4 a the employer shall pay into the insurance fund such further sums of money, not exceeding onefourth of the contribution which he is required to make under subsection 2, as the central government may, from time to time, determine to meet all the expenses in connection with the administration of the insurance scheme other than the expenses towards the cost of any benefits provided by or under that scheme. 2 5 the insurance fund shall vest in the central board and be administered by it in such manner as may be specified in the insurance scheme. 6 the insurance scheme may provide for all or any of the matters specified in schedule iv. 7 the insurance scheme may provide that any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in this behalf in that scheme. 1. ins. by act 99 of , s. 21 w.e.f. . 2. omitted by act 25 of , s. 6 w.e.f.

section 5c. of the employees provident funds and miscellaneous provisions act : 15c. board of trustees to body corporate. every board of trustees constituted under section 5a or section 5b shall be a body corporate under the name specified in the notification constituting it, having perpetual succession and a common seal and shall by the said name sue and be sued. 1. ins. by act 28 of , s. 4.

section 7. of the employees provident funds and miscellaneous provisions act : 1 the central government may, by notification in the official gazette, add to, 1amend or vary, either prospectively or retrospectively, the scheme, the 2family pension scheme or the insurance scheme, as the case may be. 32 every notification issued under subsection 1 shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification, or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. subs. by act 99 of , s. 22, for amend or vary the scheme or the family pension scheme, as the case may be w.e.f. . 2. subs. by act 25 of , s. 4, for family pension w.e.f. . 3. subs. by act 4 of , s. 2 and schedule, for subsection 2 w.e.f. .

section 5e. of the employees provident funds and miscellaneous provisions act : 15e. delegation. 2the central board may delegate to the executive committee or to the chairman of the board or to any of its officers and a state board may delegate to its chairman or to any of its officers subject to such conditions and limitations, if any, as it may specify, such of its powers and functions under this act as it may deem necessary for the efficient administration of the scheme 3, the 4pension scheme and the insurance scheme. 1. ins. by act 28 of , s. 4. 2. subs. by s. 8, ibid., for certain words w.e.f. . 3. subs. by act 99 of , s. 20, for and the family pension scheme w.e.f. . 4. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 6a. of the employees provident funds and miscellaneous provisions act : 16a. employees pension scheme. 1 the central government may, by notification in the official gazette, frame a scheme to be called the employees pension scheme for the purpose of providing for a superannuation pension, retiring pension or permanent total disablement pension to the employees of any establishment or class of establishments to which this act applies and b widow or widowers pension, children pension or orphan pension payable to the beneficiaries of such employees. 2 notwithstanding anything contained in section 6, there shall be established, as soon as may be after framing of the pension scheme, a pension fund into which there shall be paid, from time to time, in respect of every employee who is a member of the pension scheme, a such sums from the employers contribution under section 6, not exceeding eight and onethird per cent. of the basic wages, dearness allowance and retaining allowance, if any, of the concerned employees, as may be specified in the pension scheme b such sums as are payable by the employers of exempted establishments under subsection 6 of section 17 c the net assets of the employees family pension fund as on the date of the establishment of the pension fund d such sums as the central government may, after due appropriation by parliament by law in this behalf, specify. 3 on the establishment of the pension fund, the family pension scheme hereinafter referred to as the ceased scheme shall cease to operate and all assets of the ceased scheme shall vest in and shall stand transferred to, and all liabilities under the ceased scheme shall be enforceable against, the pension fund and the beneficiaries under the ceased scheme shall be entitled to draw the benefits, not less than the benefits they were entitled to under the ceased scheme, from the pension fund. 4 the pension fund shall vest in and be administered by the central board in such manner as may be specified in the pension scheme. 5 subject to the provisions of this act, the pension scheme may provide for all or any of the matters specified in schedule iii. 6 the pension scheme may provide that all or any of its provisions shall take effect either prospectively or retrospectively on such date as may be specified in that behalf in that scheme. 7 a pension scheme, framed under subsection 1, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. subs. by act 25 of , s. 5, for sections 6a and 6b w.e.f. .

section 6d. of the employees provident funds and miscellaneous provisions act : 16d. laying of schemes before parliament. every scheme framed under section 5, section 6a and section 6c shall be laid, as soon as may be after it is framed, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme, or both houses agree that the scheme should not be framed, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. ins. by act 4 of , s. 2 and schedule w.e.f. .

section 7a. of the employees provident funds and miscellaneous provisions act : 17a. determination of moneys due from employers. 21 the central provident fund commissioner, any additional central provident fund commissioner, any deputy provident fund commissioner, any regional provident fund commissioner, or any assistant provident fund commissioner may, by order, a in a case where a dispute arises regarding the applicability of this act to an establishment, decide such dispute and b determine the amount due from any employer under any provision of this act, the scheme or the 3pension scheme or the insurance scheme, as the case may be, and for any of the aforesaid purposes may conduct such inquiry as he may deem necessary 2 the officer conducting the inquiry under subsection 1 shall, for the purposes of such inquiry, have the same powers as are vested in a court under the code of civil procedure, 5 of , for trying a suit in respect of the following matters, namely: a enforcing the attendance of any person or examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavit d issuing commissions for the examination of witnesses and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of . 3 no order 4 shall be made under subsection 1, unless 5the employer concerned is given a reasonable opportunity of representing his case. 63a where the employer, employee or any other person required to attend the inquiry under subsection 1 fails to attend such inquiry without assigning any valid reason or fails to produce any document or to file any report or return when called upon to do so, the officer conducting the inquiry may decide the applicability of the act or determine the amount due from any employer, as the case may be, on the basis of the evidence adduced during such inquiry and other documents available on record. 74 where an order under subsection 1 is passed against an employer ex parte, he may, within three months from the date of communication of such order, apply to the officer for setting aside such order and if he satisfies the officer that the show cause notice was not duly served or that he was prevented by any sufficient cause from appearing when the inquiry was held, the officer shall make an order setting aside his earlier order and shall appoint a date for proceeding with the inquiry: provided that no such order shall be set aside merely on the ground that there has been an irregularity in the service of the show cause notice if the officer is satisfied that the employer had notice of the date of hearing and had sufficient time to appear before the officer. explanation. where an appeal has been preferred under this act against an order passed ex parte and such appeal has been disposed of otherwise than on the ground that the appellant has withdrawn the appeal, no application shall lie under this subsection for setting aside the ex parte order. 5 no order passed under this section shall be set aside on any application under subsection 4 unless notice thereof has been served on the opposite party. 1. ins. by act 28 of , s. 6 w.e.f. . 2. subs. by act 33 of , s. 10, for subsection 1 w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. . 4. the words determining the amount due from employer omitted by act 33 of , s. 10. w.e.f. . 5. subs. by s. 10, ibid., for the employer w.e.f. . 6. ins. by s. 10, ibid. w.e.f. . 7. subs. by s. 10, ibid., for subsection 4 w.e.f. .

section 7b. of the employees provident funds and miscellaneous provisions act : 17b. review of orders passed under section 7a. 1 any person aggrieved by an order made under subsection 1 of section 7a, but from which no appeal has been preferred under this act, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was not within his knowledge or could not be produced by him at the time when the order was made, or on account of some mistake or error apparent on the face of the record or for any other sufficient reason, desires to obtain a review of such order may apply for a review of that order to the officer who passed the order: provided that such officer may also on his own motion review his order if he is satisfied that it is necessary so to do on any such ground. 2 every application for review under subsection 1 shall be filed in such form and manner and within such time as may be specified in the scheme. 3 where it appears to the officer receiving an application for review that there is no sufficient ground for a review, he shall reject the application. 4 where the officer is of opinion that the application for review should be granted, he shall grant the same: provided that, a no such application shall be granted without previous notice to all the parties before him to enable them to appear and be heard in support of the order in respect of which a review is applied for, and b no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him when the order was made, without proof of such allegation. 5 no appeal shall lie against the order of the officer rejecting an application for review, but an appeal under this act shall lie against an order passed under review as if the order passed under review were the original order passed by him under section 7a. 1. ins. by act 33 of , s. 11 w.e.f. .

section 7c. of the employees provident funds and miscellaneous provisions act : 17c. determination of escaped amount. where an order determining the amount due from an employer under section 7a or section 7b has been passed and if the officer who passed the order a has reason to believe that by reason of the omission or failure on the part of the employer to make any document or report available, or to disclose, fully and truly, all material facts necessary for determining the correct amount due from the employer, any amount so due from such employer for any period has escaped his notice b has, in consequence of information in his possession, reason to believe that any amount to be determined under section 7a or section 7b has escaped from his determination for any period notwithstanding that there has been no omission or failure as mentioned in clause a on the part of the employer, he may, within a period of five years from the date of communication of the order passed under section 7a or section 7b, reopen the case and pass appropriate orders redetermining the amount due from the employer in accordance with the provisions of this act: provided that no order redetermining the amount due from the employer shall be passed under this section unless the employer is given a reasonable opportunity of representing his case. 1. ins. by act 33 of , s. 11 w.e.f. .

section 7i. of the employees provident funds and miscellaneous provisions act : 17i. appeals to tribunal.1 any person aggrieved by a notification issued by the central government, or an order passed by the central government or any authority, under the proviso to subsection 3, or subsection 4, of section 1, or section 3, or subsection 1 of section 7a, or section 7b except an order rejecting an application for review referred to in subsection 5 thereof, or section 7c, or section 14b, may prefer an appeal to a tribunal against such notification or order. 2 every appeal under subsection 1 shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7d.tribunal of the employees provident funds and miscellaneous provisions act : 17d tribunalthe industrial tribunal constituted by the central government under subsection 1 of section 7a of the industrial disputes act, shall, on and from the commencement of part xiv of chapter vi of the finance act, , be the tribunal for the purposes of this act and the said tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this act. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7e.. of the employees provident funds and miscellaneous provisions act : term of office. omitted by the finance act, 7 of , s. 159 w.e.f. .

section 7j. of the employees provident funds and miscellaneous provisions act : 17j. procedure of tribunals.1 a tribunal shall have power to regulate its own procedure in all matters arising out of the exercise of its powers or of the discharge of its functions including the places at which the tribunal shall have its sittings. 2 a tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the officers referred to in section 7a and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of and the tribunal shall be deemed to be a civil court for the all purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7f.. of the employees provident funds and miscellaneous provisions act : resignation. omitted by s. 159, ibid. w.e.f. .

section 7g.. of the employees provident funds and miscellaneous provisions act : salary and allowances and other terms and conditions of or service of presiding officer. omitted by s. 159, ibid. w.e.f. .

section 7h.. of the employees provident funds and miscellaneous provisions act : staff of tribunal. omitted by s. 159, ibid. w.e.f. .

section 7k., to appoint presenting officers. of the employees provident funds and miscellaneous provisions act : 17k. right of appellant to take assistance of legal practitioner and of government, etc., to appoint presenting officers.1 a person preferring an appeal to a tribunal under this act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the tribunal. 2 the central government or a state government or any other authority under this act may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before a tribunal. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 8. of the employees provident funds and miscellaneous provisions act : 18. mode of recovery of moneys due from employers. any amount due a from the employer in relation to 2an establishment to which any 3scheme or the insurance scheme applies in respect of any contribution payable to 4the fund or, as the case may be, the insurance fund, damages recoverable under section 14b, accumulations required to be transferred under subsection 2 of section 15 5or under subsection 5 of section 17 or any charges payable by him under any other provision of this act or of any provision of the 3scheme or the insurance scheme or b from the employer in relation to an exempted 6establishment in respect of any damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified 7under section 17 or in respect of the contribution payable by him towards the 8pension scheme under the said section 17, may, if the amount is in arrear, 9be recovered 10in the manner specified in sections 8b to 8g. 1. subs. by act 37 of , s. 6, for section 8. 2. subs. by act 94 of , s. 3, for a factory. 3. subs. by act 99 of , s. 24, for scheme w.e.f. . 4. subs. by s. 24, ibid., for the fund w.e.f. . 5. ins. by act 28 of , s. 7 w.e.f. . 6. subs. by act 94 of , s. 3, for factory. 7. subs. by act 16 of , s. 21, for under section 17 w.e.f. . 8. subs. by act 25 of , s. 4, for family pension w.e.f. . 9. subs. by act 40 of , s. 2, for certain words w.e.f. . 10. subs. by act 33 of , s. 12, for certain words w.e.f. .

section 7l. of the employees provident funds and miscellaneous provisions act : 17l. orders of tribunal.1 a tribunal may after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against or may refer the case back to the authority which passed such order with such directions as the tribunal may think fit, for a fresh adjudication or order, as the case may be, after taking additional evidence, if necessary. 2 a tribunal may, at any time within five years from the date of its order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under subsection 1 and shall make such amendment in the order if the mistake is brought to its notice by the parties to the appeal: provided that an amendment which has the effect of enhancing the amount due from, or otherwise increasing the liability of, the employer shall not be made under this subsection, unless the tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. 3 a tribunal shall send a copy of every order passed under this section to the parties to the appeal. 4 any order made by a tribunal finally disposing of an appeal shall not be questioned in any court of law. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7m.. of the employees provident funds and miscellaneous provisions act : filling up of vacancies. omitted by the finance act, 7 of , s. 159 w.e.f. .

section 7n.. of the employees provident funds and miscellaneous provisions act : finality orders constituting a tribunal. omitted by s. 159, ibid. w.e.f. .

section 7o. of the employees provident funds and miscellaneous provisions act : 17o. deposit of amount due, on filing appeal.no appeal by the employer shall be entertained by a tribunal unless he has deposited with it seventyfive per cent. of the amount due from him as determined by an officer referred to in section 7a: provided that the tribunal may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7p. of the employees provident funds and miscellaneous provisions act : 17p. transfer of certain applications to tribunals.all applications which are pending before the central government under section 19a before its repeal, shall stand transferred to a tribunal exercising jurisdiction in respect of establishments in relation to which such applications had been made as if such applications were appeals preferred to the tribunal. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 7q. of the employees provident funds and miscellaneous provisions act : 17q. interest payable by the employer.the employer shall be liable to pay simple interest at the rate of twelve per cent. per annum or at such higher rate as may be specified in the scheme on any amount due from him under this act from the date on which the amount has become so due till the date of its actual payment: provided that higher rate of interest specified in the scheme shall not exceed the lending rate of interest charged by any scheduled bank. 1. subs. by act 7 of , s. 159, for section 7d w.e.f. .

section 8b. of the employees provident funds and miscellaneous provisions act : 18b. issue of certificate to the recovery officer. 1 where any amount is in arrear under section section 8, the authorised officer may issue, to the recovery officer, a certificate under his signature specifying the amount of arrears and the recovery officer, on receipt of such certificate, shall proceed to recover the amount specified therein from the establishment or, as the case may be, the employer by one or more of the modes mentioned below: a attachment and sale of the movable or immovable property of the establishment or, as the case may be, the employer b arrest of the employer and his detention in prison c appointing a receiver for the management of the movable or immovable properties of the establishment or, as the case may be, the employer: provided that the attachment and sale of any property under this section shall first be effected against the properties of the establishment and where such attachment and sale is insufficient for recovering the whole of the amount of arrears specified in the certificate, the recovery officer may take such proceedings against the property of the employer for recovery of the whole or any part of such arrears. 2 the authorised officer may issue a certificate under subsection 1, notwithstanding that proceedings for recovery of the arrears by any other mode have been taken. 1. ins. by act 33 of , s. 14 w.e.f. .

section 8a. of the employees provident funds and miscellaneous provisions act : 18a. recovery of moneys by employers and contractors. 1 2the amount of contribution that is to say the employers contribution as well as the employees contribution in pursuance of any scheme and the employers contribution in pursuance of the insurance scheme, and any charges 3 for meeting the cost of administering the fund paid or payable by an employer in respect of an employee employed by or through a contractor may be recovered by such employer from the contractor, either by deduction from any amount payable to the contractor, under any contract or as a debt payable by the contractor. 2 a contractor from whom the amounts mentioned in subsection 1 may be recovered in respect of any employee employed by or through him, may recover from such employee the employees contribution 4under any scheme by deduction from the basic wages, dearness allowance and retaining allowance if any payable to such employee. 3 notwithstanding any contract to the contrary, no contractor shall be entitled to deduct the employers contribution or the charges referred to in subsection 1 from the basic wages, dearness allowance, and retaining allowance if any payable to an employee employed by or through him or otherwise to recover such contribution or charges from such employee. explanation. in this section, the expressions, dearness allowance and retaining allowance shall have the same meanings as in section 6. 1. ins. by act 28 of , s. 8 w.e.f. . 2. subs. by act 99 of , s. 25, for certain words w.e.f. . 3. the words on the basis of such contribution omitted by act 33 of , s. 13. w.e.f. . 4. ins. by act 99 of , s. 25 w.e.f. .

section 8c. of the employees provident funds and miscellaneous provisions act : 8c. recovery officer to whom certificate is to be forwarded. 1 the authorised officer may forward the certificate referred to in section 8b to the recovery officer within whose jurisdiction the employer a carries on his business or profession or within whose jurisdiction the principal place of his establishment is situate or b resides or any movable or immovable property of the establishment or the employer is situate. 2 where an establishment or the employer has property within the jurisdiction of more than one recovery officers and the recovery officer to whom a certificate is sent by the authorised officer a is not able to recover the entire amount by the sale of the property, movable or immovable, within his jurisdiction or b is of the opinion that, for the purpose of expediting or securing the recovery of the whole or any part of the amount, it is necessary so to do, he may send the certificate or, where only a part of the amount is to be recovered, a copy of the certificate certified in the prescribed manner and specifying the amount to be recovered to the recovery officer within whose jurisdiction the establishment or the employer has property or the employer resides, and thereupon that recovery officer shall also proceed to recover the amount due under this section as if the certificate or the copy thereof had been the certificate sent to him by the authorised officer. 2. ins. by act 33 of , s. 14 w.e.f. .

section 9. of the employees provident funds and miscellaneous provisions act : for the purposes of the indian incometax act, , the fund shall be deemed to be a recognised provident fund within the meaning of chapter ixa of that act: 1provided that nothing contained in the said chapter shall operate to render ineffective any provision of the scheme under which the fund is established which is repugnant to any of the provisions of that chapter or of the rules made thereunder. 1. ins. by act 37 of , s. 7.

section 8d. of the employees provident funds and miscellaneous provisions act : 18d. validity of certificate and amendment thereof. 1 when the authorised officer issues a certificate to a recovery officer under section 8b, it shall not be open to the employer to dispute before the recovery officer the correctness of the amount, and no objection to the certificate on any other ground shall also be entertained by the recovery officer. 2 notwithstanding the issue of a certificate to a recovery officer, the authorised officer shall have power to withdraw the certificate or correct any clerical or arithmetical mistake in the certificate by sending an intimation to the recovery officer. 3 the authorised officer shall intimate to the recovery officer any order withdrawing or cancelling a certificate or any correction made by him under subsection 2 or any amendment made under subsection 4 of section 8e. 1. ins. by act 33 of , s. 14 w.e.f. .

section 8e. of the employees provident funds and miscellaneous provisions act : 18e. stay of proceedings under certificate and amendment or withdrawal thereof. 1 notwithstanding that a certificate has been issued to the recovery officer for the recovery of any amount, the authorised officer may grant time for the payment of the amount, and thereupon the recovery officer shall stay the proceedings until the expiry of the time so granted. 2 where a certificate for the recovery of amount has been issued, the authorised officer shall keep the recovery officer informed of any amount paid or time granted for payment, subsequent to the issue of such certificate. 3 where the order giving rise to a demand of amount for which a certificate for recovery has been issued has been modified in appeal or other proceeding under this act, and, as a consequence thereof, the demand is reduced but the order is the subjectmatter of a further proceeding under this act, the authorised officer shall stay the recovery of such part of the amount of the certificate as pertains to the said reduction for the period for which the appeal or other proceeding remains pending. 4 where a certificate for the recovery of amount has been issued and subsequently the amount of the outstanding demand is reduced as a result of an appeal or other proceeding under this act, the authorised officer shall, when the order which was the subjectmatter of such appeal or other proceeding has become final and conclusive, amend the certificate or withdraw it, as the case may be. 1. ins. by act 33 of , s. 14 w.e.f. .

section 8f. of the employees provident funds and miscellaneous provisions act : 18f. other modes of recovery. 1 notwithstanding the issue of a certificate to the recovery officer under section 8b, the central provident fund commissioner or any other officer authorised by the central board may recover the amount by any one or more of the modes provided in this section. 2 if any amount is due from any person to any employer who is in arrears, the central provident fund commissioner or any other officer authorised by the central board in this behalf may require such person to deduct from the said amount the arrears due from such employer under this act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the central provident fund commissioner or the officer so authorised, as the case may be: provided that nothing in this subsection shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the code of civil procedure, 5 of . 3 i the central provident fund commissioner or any other officer authorised by the central board in this behalf may, at any time or from time to time, by notice in writing, require any person from whom money is due or may become due to the employer or, as the case may be, the establishment or any person who holds or may subsequently hold money for or on account of the employer or as the case may be, the establishment, to pay to the central provident fund commissioner either forthwith upon the money becoming due or being held or at or within the time specified in the notice not being before the money becomes due or is held so much of the money as is sufficient to pay the amount due from the employer in respect of arrears or the whole of the money when it is equal to or less than that amount. ii a notice under this subsection may be issued to any person who holds or may subsequently hold any money for or an account of the employer jointly with any other person and for the purposes of this subsection, the shares of the jointholders in such account shall be presumed, until the contrary is proved, to be equal. iii a copy of the notice shall be forwarded to the employer at his last address known to the central provident fund commissioner or, as the case may be, the officer so authorised and in the case of a joint account to all the jointholders at their last addresses known to the central provident fund commissioner or the officer so authorised. iv save as otherwise provided in this subsection, every person to whom a notice is issued under this subsection shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, bank or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made notwithstanding any rule, practice or requirement to the contrary. v any claim respecting any property in relation to which a notice under this subsection has been issued arising after the date of the notice shall be void as against any demand contained in the notice. vi where a person to whom a notice under this subsection is sent objects to it by a statement on oath that the sum demanded or any part thereof is not due to the employer or that he does not hold any money for or on account of the employer, then, nothing contained in this subsection shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the central provident fund commissioner or the officer so authorised to the extent of his own liability to the employer on the date of the notice, or to the extent of the employers liability for any sum due under this act, whichever is less. vii the central provident fund commissioner or the officer so authorised may, at any time or from time to time, amend or revoke any notice issued under this subsection or extend the time for making any payment in pursuance of such notice. viii the central provident fund commissioner or the officer so authorised shall grant a receipt for any amount paid in compliance with a notice issued under this subsection, and the person so paying shall be fully discharged from his liability to the employer to the extent of the amount so paid. ix any person discharging any liability to the employer after the receipt of a notice under this subsection shall be personally liable to the central provident fund commissioner or the officer so authorised to the extent of his own liability to the employer so discharged or to the extent of the employers liability for any sum due under this act, whichever is less. x if the person to whom a notice under this subsection is sent fails to make payment in pursuance thereof to the central provident fund commissioner or the officer so authorised he shall be deemed to be an employer in default in respect of the amount specified in the notice and further proceedings may be taken against him for the realisation of the amount as if it were an arrear due from him, in the manner provided in sections 8b to 8e and the notice shall have the same effect as an attachment of a debt by the recovery officer in exercise of his powers under section 8b. 4 the central provident fund commissioner or the officer authorised by the central board in this behalf may apply to the court in whose custody there is money belonging to the employer for payment to him of the entire amount of such money, or if it is more than the amount due, an amount sufficient to discharge the amount due. 5 the central provident fund commissioner or any officer not below the rank of assistant provident fund commissioner may, if so authorised by the central government by general or special order, recover any arrears of amount due from an employer or, as the case may be, from the establishment by distraint and sale of his or its movable property in the manner laid down in the third schedule to the income tax act, 43 of . 1. ins. by act 33 of , s. 14 w.e.f. .

section 8g. of the employees provident funds and miscellaneous provisions act : 18g. application of certain provisions of incometax act. the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, , as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in section 8 of this act instead of to the incometax: provided that any reference in the said provisions and the rules to the assessee shall be construed as a reference to an employer as defined in this act. 1. ins. by act 33 of , s. 14 w.e.f. .

section 10. of the employees provident funds and miscellaneous provisions act : 1 the amount standing to the credit of any member in the fund 1or of any exempted employee in a provident fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member 1or the exempted employee, and neither the official assignee appointed under the presidencytowns insolvency act, 3 of , nor any receiver appointed under the provincial insolvency act, 5 of , shall be entitled to, or have any claim on, any such amount. 22 any amount standing to the credit of a member in the fund or of an exempted employee in a provident fund at the time of his death and payable to his nominee under the scheme or the rules of the provident fund shall, subject to any deduction authorised by the said scheme or rules, vest in the nominee and shall be free from any debt or other liability incurred by the deceased or the nominee before the death of the member of the exempted employee 3and shall also not be liable to attachment under any decree or order of any court. 43 the provisions of subsection 1 and subsection 2 shall, so far as may be, apply in relation to the family pension or any other amount payable under the 5pension scheme 6and also in relation to any amount payable under the insurance scheme as they apply in relation to any amount payable out of the fund. 1. ins. by s. 8, ibid. 2. subs. by s. 8, ibid., for subsection 2. 3. ins. by act 33 of , s. 15 w.e.f. . 4. ins. by act 16 of , s. 22 w.e.f. . 5. subs. by act 25 of , s. 4, for family pension w.e.f.. 6. ins. by act 99 of , s. 26 w.e.f. .

section 11. of the employees provident funds and miscellaneous provisions act : 11 2where any employer is adjudicated insolvent or, being a company, an order for winding up is made, the amount due a from the employer in relation to 3an establishment to which any 4scheme or the insurance scheme applies in respect of any contribution payable to the fund 5or, as the case may be, the insurance fund, damages recoverable under section 14b, accumulations required to be transferred under subsection 2 of section 15 or any charges payable by him under any other provision of this act or of any provision of the 6scheme or the insurance scheme or b from the employer in relation to an exempted 7establishment in respect of any contribution to 8the provident fund or any insurance fund in so far it relates to exempted employees, under the the rules of 8the provident fund or any insurance fund, 9any contribution payable by him towards the family pension fund under subsection 6 of section 17, damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified under section 17, shall, where the liability thereof has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidencytowns insolvency act, 3 of , or under section 61 of the provincial insolvency act, 5 of , or under 10section 530 of the companies act, 1 of , are to be paid in priority to all other debts in the distribution of the property of the insolvent or the assets of the company being wound up, as the case may be. 11explanation.in this subsection and in section 17, insurance fund means any fund established by an employer under any scheme for providing benefits in the nature of life insurance to employees, whether linked to their deposits in provident fund or not, without payment by the employees of any separate contribution or premium in that behalf. 122 without prejudice to the provisions of subsection 1, if any amount is due from an employer 13whether in respect of the employees contribution deducted from the wages of the employee or the employers contribution, the amount so due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything contained in any other law for the time being in force, be paid in priority to all other debts. 1. section 11 renumbered as subsection 1 of that section by act 40 of , s. 3 w.e.f. . 2. subs. by act 37 of , s. 9, for certain words. 3. subs. by act 94 of , s. 3, for a factory. 4. subs. by act 99 of , s. 27, for scheme w.e.f. . 5. ins. by s. 27, ibid. w.e.f. . 6. subs. by act 99 of , s. 27, for scheme w.e.f. . 7 subs. by act 94 of , s. 3, for factory. 8. subs. by act 99 of , s. 27, for the provident fund w.e.f. . 9. ins. by act 16 of , s. 23 w.e.f. . 10. subs. by act 40 of , s. 3, for certain words w.e.f. . 11. ins. by act 99 of , s. 27 w.e.f. . 12. ins. by act 40 of , s. 3 w.e.f. . 13. subs. by act 33 of , s. 16, for certain words w.e.f. .

section 14ab. of the employees provident funds and miscellaneous provisions act : 114ab. certain offences to be cognizable. notwithstanding anything contained in the code of criminal procedure, 5 of . an offence relating to default in payment of contribution by the employer punishable under this act shall be cognizable. 1. ins. by act 40 of , s. 5.

section 12. of the employees provident funds and miscellaneous provisions act : 112. employer not to reduce wages, etc. no employer in relation to 2an establishment to which any 3scheme or the insurance scheme applies shall, by reason only of his liability for the payment of any contribution to 4the fund or the insurance fund or any charges under this act or the 5scheme or the the insurance scheme, reduce, whether directly or indirectly, the wages of any employee to whom the 5scheme or the insurance scheme applies or the total quantum of benefits in the nature of old age pension, gratuity 6provident fund or life insurance to which the employee is entitled under the terms of of his employment, express or implied. 1. subs. by act 37 of , s. 10, for section 12. 2. subs. by act 94 of , s. 3, for a factory. 3. subs. by act 99 of , s. 28, for scheme w.e.f. . 4. subs. by act 99 of , s. 28, for the fund w.e.f. . 5. subs. by s. 28, ibid., for scheme w.e.f. . 6. subs. by s. 28, ibid., or provident fund w.e.f.

section 14ac. of the employees provident funds and miscellaneous provisions act : 114ac. cognizance and trial of offences. 1 no court shall take cognizance of any offence punishable under this act, the scheme or 2the 3pension scheme or the insurance scheme except on a report in writing of the facts constituting such offence made with the previous sanction of the central provident fund commissioner or such other officer as may be authorised by the central government, by notification in the official gazette, in this behalf, by an inspector appointed under section 13. 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act or the scheme or 4the 5pension scheme or the insurance scheme. 1. ins. by act 40 of , s. 5. 2. subs. by act 99 of , s. 31, for the family pension scheme w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. . 4. subs. by act 99 of , s. 31, for the family pension scheme w.e.f. . 5. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 13. of the employees provident funds and miscellaneous provisions act : 1 the appropriate government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act 1, the scheme 2, the 3pension scheme or the insurance scheme, and may define their jurisdiction. 2 any inspector appointed under subsection 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with this act or with any 4 scheme or the insurance scheme or for the purpose of ascertaining whether any of the provisions of this act or of any 4scheme or the insurance scheme have been complied with 5in respect of 6 an establishment to which which any 4scheme or the insurance scheme applies or for the purpose of ascertaining whether the provisions of this act or any scheme or the insurance scheme are applicable to any 7establishment to which the 4scheme or the insurance scheme has not been applied or for the purpose of determining whether the conditions subject to which exemption was granted under section 17 are being complied with by the employer in relation to an exempted 7establishment a require an employer 8or any contractor from whom any amount is recoverable under section 8a to furnish such information as he may consider necessary 9 b at any reasonable time 10and with such assistance, if any, as he may think fit, enter and search any 7establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, registers and other documents relating to the employment of persons or the payment of wages in the 7establishment c examine, with respect to any matter relevant to any of the purposes aforesaid, the employer 8or any contractor from whom any amount is recoverable under section 8a, his agent or servant or any other person found in charge of the 7establishment of any premises connected therewith or whom the inspector has reasonable cause to believe to be or to have been, an employee in the 7establishment 11d make copies of, or take extracts from, any book, register or other document maintained in relation to the establishment and, where he has reason to believe that any offence under this act has been committed by an employer, seize with such assistance as he may think fit, such book, register or other document or portions thereof as he may consider relevant in respect of that offence e exercise such other powers as the 4scheme or the insurance scheme may provide. 122a any inspector appointed under subsection 1 may, for the purpose of inquiring into the correctness of any information furnished in connection with the 13pension scheme or for the purpose of ascertaining whether any of the provisions of this act or of the 13pension scheme have been complied with in respect of an establishment to which the 13pension scheme applies, exercise all or any of the powers conferred, on him under clause a, clause b, clause c or clause d of subsection 2. 14 152b the provisions of the code of criminal procedure, 5 of shall, so far as may be, be, apply to any search or seizure under subsection 2, 16or under subsection 2a, as the case may be, as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code. 17 1. subs. by act 16 of , s. 24, for or of any scheme w.e.f. . 2. subs. by act 99 of , s. 29, for or the family pension scheme w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. . 4. subs. by act 99 of , s. 29, for scheme w.e.f. . 5. ins. by act 37 of , s. 11. 6. subs. by act 94 of , s. 3, for a factory. 7. subs. by s. 3, ibid., for factory. 8. ins. by act 28 of , s. 9 w.e.f. . 9. the words in relation to the scheme omitted by act 37 of , s. 11. 10. subs. by act 28 of , s. 9, for enter w.e.f. . 11. subs. by s. 9,ibid., for clause d w.e.f. . 12. ins. by act 16 of , s. 24. 13. subs. by act 25 of , s. 4, for family pension w.e.f. . 14. ins. by act 28 of , s. 9 w.e.f. . 15. subsection 2a renumbered as subsection 2b by act 16 of , s. 24 w.e.f. . 16. ins. by s. 24, ibid. w.e.f. . 17. subsection 3 omitted by act 33 of , s. 17 w.e.f. .

section 14. of the employees provident funds and miscellaneous provisions act : 1 whoever, for the purpose of avoiding any payment to be made by himself under this act 1, the scheme 2, the 3pension scheme or the insurance scheme or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to 4one year, or with fine of five thousand rupees, or with both. 51a an employer who contravenes, or makes default in complying with, the provisions of section 6 or clause a of subsection 3 of section 17 in so far as it relates to the payment of inspection charges, or paragraph 38 of the scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for a term which may extend to 6three years but a which shall not be less than7one year and a fine of ten thousand rupees in case of default in payment of the employees contribution which has been deducted by the employer from the employees wages 8b which shall not be less than six months and a fine of five thousand rupees, in any other case 9 provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term 10. 111b an employer who contravenes, or makes default in complying with, the provisions of section 6c, or clause a of subsection 3a of section 17 in so far as it relates to the payment of inspection charges, shall be punishable with imprisonment for a term which may extend to 12one year but which shall not be less than 13six months and shall also be liable to fine which may extend to 14five thousand rupees: provided that the court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term 15. 2 16subject to the provisions of this act, the scheme 17, the 18pension scheme or the insurance scheme may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend 19one year, or with with fine which may extend to four thousand rupees, or with both. 202a whoever contravenes or makes default in complying with any provision of this act or of any condition subject to which exemption was granted under section 17 shall, if no other penalty is elsewhere provided by or under this act for such contravention or noncompliance, be punishable with imprisonment which may extend to 19six months, but which shall not be less than one month, and shall also be liable to fine which may extend to five thousand rupees. 21 1. subs. by act 16 of , s. 25, for or under any scheme. 2. subs. by act 99 of , s. 30, for or the family pension scheme w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. . 4. subs. by act 33 of , s. 18, for six months, or with fine which may extend to one thousand rupees, or with both w.e.f. . 5. ins. by act 40 of , s. 4 w.e.f. . 6. subs. by act 33 of , s. 18, for six months w.e.f. . 7. subs. by s. 18, ibid., for three months w.e.f. . 8. subs. by act 33 of , s. 18 w.e.f. . 9. the words and shall also be liable to fine which may extend to two thousand rupees omitted by s. 18,ibid. w.e.f. . 10. the words or of fine only in lieu of imprisonment omitted by s. 18, ibid. w.e.f. . 11. ins. by act 99 of , s. 30 w.e.f. . 12. subs. by act 33 of , s. 18, for six months w.e.f. . 13. subs. by act 33 of , s. 18, for one month w.e.f. . 14. subs. by s. 18, ibid., for two thousand rupees w.e.f. . 15. the words or of fine only in lieu of imprisonment omitted by s. 18, ibid. w.e.f. . 16. subs. by act 40 of , s. 4, for the scheme w.e.f. . 17. subs. by act 99 of , s. 30, or the family pension w.e.f. . 18. subs. by act 25 of , s. 4, for family pension w.e.f. . 19. subs. by act 33 of , s. 18, for six months, or with fine which may extend to one thousand rupees, or with both w.e.f. . 20. ins. by act 37 of , s. 12. 21. omitted by act 40 of , s. 4 w.e.f. .

section 14a. of the employees provident funds and miscellaneous provisions act : 114a. offences by companies. 1 if the person committing an offence under this act 2, the scheme or 3the 4pension scheme or the insurance scheme is a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act 2, the scheme or 3the 4pension scheme or the insurance scheme has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm and other association of individuals and b director in relation to a firm, means a partner in the firm. 1. ins. by act 37 of , s. 13. 2. subs. by act 16 of , s. 26, for or the scheme made thereunder. 3. subs. by act 99 of , s. 31, for the family pension scheme w.e.f. . 4. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 14aa. of the employees provident funds and miscellaneous provisions act : 314aa. enhanced punishment in certain cases after previous conviction. whoever, having been convicted by a court of an offence punishable under this act, the scheme or 1the 2pension scheme or the insurance scheme, commits the same offence shall be subject for every such subsequent offence to imprisonment for a term which may extend to 4five years, but which shall not be less than two two years, and shall also be liable to a fine of twentyfive thousand rupees. 1. subs. by act 99 of , s. 31, for the family pension scheme w.e.f. . 2. subs. by act 25 of , s. 4, for family pension w.e.f. . 3. ins. by act 40 of , s. 5. 4. subs. by act 33 of , s. 19, for one year but which shall not be less than three months and shall also be liable to fine which may extend to four thousand rupees w.e.f. .

section 15. of the employees provident funds and miscellaneous provisions act : 1 1subject to the provisions of section 17, every employee who is a subscriber to any provident fund of 2an establishment to which this act applies shall, pending the application of a scheme to the 3establishment in which he is employed, continue to be entitled to the benefits accruing to him under the provident fund, and the provident fund shall continue to be maintained in the same manner and subject to the same conditions as it would have been if this act had not been passed. 2 4on the application of any scheme to 5an establishment, the accumulations in any provident fund of the3establishment standing to the credit of the employees who become members of the fund established under the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any deed or other instrument establishing the provident fund but subject to the provisions, if any, contained in the scheme, be transferred to the fund established under the scheme, and shall be credited to the accounts of the employees entitled thereto in the fund. 1. subs. by act 37 of , s. 14, for certain words. 2. subs. by act 94 of , s. 3, for a factory. 3. subs. by act 94 of , s. 3, for factory. 4. subs. by act 37 of , s. 14, for certain words. 5. subs. by act 94 of , s. 3, for a factory.

section 17a. of the employees provident funds and miscellaneous provisions act : 117a. transfer of accounts. 1 where an employee employed in an establishment to which this act applies leaves his employment and obtains reemployment in another establishment to which this act does not apply, the amount of accumulations to the credit of such employee in the fund, or as the case may be, in the provident fund of the establishment left by him shall be transferred, within such time as may be specified by the central government in this behalf, to the credit of his account in the provident fund of the establishment in which he is reemployed, if the employee so desires and the rules in relation to that provident fund permit such transfer. 2 where an employee employed in an establishment to which this act does not apply leaves his employment and obtains reemployment in another establishment to which this act applies, the amount of accumulations to the credit of such employee in the provident fund of the establishment left by him may, if the employee so desires and the rules in relation to such provident fund permit, be transferred to the credit of his account in the fund or as the case may be, in the provident fund of the establishment in which he is reemployed. 1. ins. by act 28 of , s. 12 w.e.f. .

section 14b. of the employees provident funds and miscellaneous provisions act : 114b. power to recover damages. where an employer makes default in the payment of any contribution to the fund 3, the 2pension fund or the insurance fund or in the transfer of accumulations accumulations required to be transferred by him under subsection 2 of section 15 3or subsection 5 of of section 17 or in the payment of any charges payable under any other provision of this act or of 5any scheme or insurance scheme or under any of the conditions specified under section 17, 6the central provident fund commissioner or such other officer as may be authorised by the central government, by notification in the official gazette, in this behalf may recover 7from the employer by way of penalty such damages, not exceeding the amount of arrears, as may be specified in the scheme: 8provided that before levying and recovering such damages, the employer shall be given a reasonable reasonable opportunity of being heard: 9provided further that the central board may reduce or waive the damages levied under this section in relation to an establishment which is a sick industrial company and in respect of which a scheme for rehabilitation has been sanctioned by the board for industrial and financial reconstruction established under section 4 of the sick industrial companies special provisions act, , subject to such terms and conditions as may be specified in the scheme. 1. ins. by act 37 of , s. 13. 2. subs. by act 25 of , s. 4, for family pension w.e.f. . 3. subs. by act 99 of , s. 32, for or the family pension fund w.e.f. . 4. ins. by act 28 of , s. 10 w.e.f. . 5. subs. by act 99 of , s. 32, for any scheme w.e.f. . 6. subs. by act 40 of , s. 6, for the appropriate government w.e.f. . 7. subs. by act 33 of , s. 20, for from the employer such damages, not exceeding the amount of arrears as it may think fit to impose w.e.f. . 8. ins. by act 40 of , s. 6 w.e.f. . 9. ins. by act 33 of , s. 20 to be notified.

section 14c. of the employees provident funds and miscellaneous provisions act : 114c. power of court to make orders.1 where an employer is convicted of an offence of making default in the payment of any contribution to the fund 2, the 3pension fund or the insurance fund or in the transfer of accumulations required to be transferred by him under subsection 2 of section 15 or subsection 5 of section 17, the court may, in addition to awarding any punishment, by order in writing require him within a period specified in the order which the court may, if it thinks fit and on application in that behalf, from time to time, extend, to pay the amount of contribution or transfer the accumulations, as the case may be, in respect of which the offence was committed. 2 where an order is made under subsection 1, the employer shall not be liable under this act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and shall be punished with imprisonment in respect thereof under section 14 and shall also be liable to pay fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with. 1. ins. by act 40 of , s. 7 w.e.f. . 2. subs. by act 99 of , s. 33, for or the family pension fund w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 16. of the employees provident funds and miscellaneous provisions act : 11 this act shall not apply a to any establishment registered under the cooperative societies act, 2 of , or under any other law for the time being in force in any state relating to cooperative societies, employing less than fifty persons and working without the aid of power or 2b to any other establishment belonging to or under the control of the central government or a state government and whose employees are entitled to the benefit of contributory provident fund or old age pension in accordance with any scheme or rule framed by the central government or the state government governing such benefits or c to any other establishment set up under any central, provincial or state act and whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rule framed under that act governing such benefits 3 4 52 if the central government is of opinion that having regard to the financial position of any class of 6establishments or other circumstances of the case, it is necessary or expedient so to do, it may, by notification in the official gazette, and subject to such conditions as may be specified in the notification, exempt 7whether prospectively or retrospectively that class of 6establishments from the operation of this act for such period as may be specified in the notification. 1. subs. by act 46 of , s. 5, for subsection 1 w.e.f. . 2. subs. by act 33 of , s. 21, for clause b w.e.f. . 3. the word or omitted by act 10 of , s. 5 w.e.f. . 4. omitted by s. 5, ibid. w.e.f. . 5. ins. by act 37 of , s. 15. 6. subs. by act 94 of , s. 3, for factories. 7. ins. by act 33 of , s. 21 w.e.f.

section 16a. of the employees provident funds and miscellaneous provisions act : 116a. authorising certain employers to maintain provident fund accounts. 1 the central government may, on an application made to it in this behalf by the employer and the majority of employees in relation to an establishment employing one hundred or more persons, authorise the employer, by an order in writing, to maintain a provident fund account in relation to the establishment, subject to such terms and conditions as may be specified in the scheme: provided that no authorisation shall be made under this subsection if the employer of such establishment had committed any default in the payment of provident fund contribution or had committed any other offence under this act during the three years immediately preceding the date of such authorisation. 2 where an establishment is authorised to maintain a provident fund account under subsection 1, the employer in relation to such establishment shall maintain such account, submit such return, deposit the contribution in such manner, provide for such facilities for inspection, pay such administrative charges, and abide by such other terms and conditions, as may be specified in the scheme. 3 any authorisation made under this section may be cancelled by the central government by order in writing if the employer fails to comply with any of the terms and conditions of the authorisation or where he commits any offence under any provision of this act: provided that before cancelling the authorisation, the central government shall give the employer a reasonable opportunity of being heard. 1. section 16 a shall stand ins date to be notified by s. 22, ibid.

section 17. of the employees provident funds and miscellaneous provisions act : 117. power to exempt.1 the appropriate government may, by notification in the official gazette and subject to such conditions as may be specified in the notification, 2exempt, whether prospectively or retrospectively, from the operation of all or any of the provisions of any scheme a any 3establishment to which this act applies if, in the opinion of the appropriate government, the rules of its provident fund with respect to the rates of contribution are not less favourable than those specified in section 6 and the employees are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under this act or any scheme in relation to the employees in any other 3 establishment of a similar character or b and 3establishment if the employees of such 3establishment are in enjoyment of benefits in the nature of provident fund, pension or gratuity and the appropriate government is of opinion that such benefits, separately or jointly, are on the whole not less favourable to such employees than the benefits provided under this act or any scheme in relation to employees in any other 3 establishment of a similar character: 4provided that no such exemption shall be made except after consultation with the central board which on such consultation shall forward its views on exemption to the appropriate government within such time limit as may be specified in the scheme. 5 61a where an exemption has been granted to an establishment under clause a of subsection 1, a the provisions of sections 6, 7a, 8 and 14b shall, so far as may be, apply to the employer of the exempted establishment in addition to such other conditions as may be specified in the notification granting such exemption, and where such employer contravenes, or makes default in complying with any of the said provisions or conditions or any other provisions of this act, he shall be punishable under section 14 as if the said establishment had not been exempted under the said clause a b the employer shall establish a board of trustees for the administration of the provident fund consisting of such number of members as may be specified in the scheme c the terms and conditions of service of members of the board of trustees shall be such as may be specified in the scheme d the board of trustees constituted under clause b shall i maintain detailed accounts to show the contributions credited, withdrawals made and interest accrued in respect of each employee ii submit such returns to the regional provident fund commissioner or any other officer as the central government may direct from time to time iii invest the provident fund monies in accordance with the directions issued by the central government from time to time iv transfer, where necessary, the provident fund account of any employee and v perform such other duties as may be specified in the scheme. 1b where the board of trustees established under clause b of subsection 1a contravenes, or makes default in complying with, any provisions of clause d of that subsection, the trustees of the said board shall be deemed to have committed an offence under subsection 2a of section 14 and shall be punishable with the penalties provided in that subsection. 71cthe appropriate government may, by notification in the official gazette, and subject to the condition on the pattern of investment of pension fund and such other conditions as may be specified therein, exempt any establishment or class of establishments from the operation of the pension scheme if the employees of such establishment or class of establishments are either members of any other pension scheme or propose to be members of such pension scheme, where the pensionary benefits are at par or more favourable than the pension scheme under this act. 2 any scheme may make provision for exemption of any person or class of persons employed in any 8establishment to which the scheme applies from the operation of all or any of the provisions of the scheme, if such person or class of persons is entitled to benefits in the nature of provident fund, gratuity or old age pension and such benefits, separately or jointly, are on the whole not less favourable than the benefits provided under this act or the scheme: provided that no such exemption shall be granted in respect of a class of persons unless the appropriate government is of opinion that the majority of persons constituting such class desire to continue to be entitled to such benefits. 92a 10the central provident fund commissioner may, if requested so to do by the employer, by notification in the official gazette, and subject to such conditions as may be specified in the notification, exempt, whether prospectively or retrospectively, any establishment from the operation of all or any of the provisions of the insurance scheme, if he is satisfied that the employees of such establishment are, without making any separate contribution or payment of premium, in enjoyment of benefits in the nature of life insurance, whether linked to their deposits in provident fund or not, and such benefits are more favourable to such employees than the benefits admissible under the insurance scheme. 2b without prejudice to the provisions of subsection 2a, the insurance scheme may provide for the exemption of any person or class of persons employed in any establishment and covered by that scheme from the operation of all or any of the provisions thereof, if the benefits in the nature of life insurance admissible to such person or class of persons are more favourable than the benefits provided under the insurance scheme. 113 where in respect of any person or class of persons employed in an establishment an exemption is granted under this section from the operation of all or any of the provisions of any scheme whether such exemption has been granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such, the employer in relation to such establishment a shall, in relation to the provident fund, pension and gratuity to which any such person or class of persons is entitled, maintain such accounts, submit such returns, make such investment, provide for such facilities for inspection and pay such inspection charges, as the central government may direct b shall not, at any time after the exemption, without the leave of the central government, reduce the total quantum of benefits in the nature of pension, gratuity or provident fund to which any such person or class of persons was entitled at the time of the exemption and c shall, where any such person leaves his employment and obtains reemployment in another establishment to which this act applies, transfer within such time as may be specified in this behalf by the central government, the amount of accumulations to the credit of that person in the provident fund of the establishment left by him to the credit of that persons account in the provident fund of the establishment in which he is reemployed or, as the case may be, in the fund established under the scheme applicable to the establishment. 123a where, in respect of any person or class of persons employed in any establishment, an exemption is granted under subsection 2a or subsection 2b from the operation of all or any of the provisions of the insurance scheme whether such exemption is granted to the establishment wherein such person or class of persons is employed or to the person or class of persons as such, the employer in relation to such establishment a shall, in relation to the benefits in the nature of life insurance, to which any such person or class of persons is entitled, or any insurance fund, maintain such accounts, submit such returns, make such investments, provide for such facilities for inspection and pay such inspection charges, as the central government may direct b shall not, at any time after the exemption without the leave of the central government, reduce the total quantum of benefits in the nature of life insurance to which any such person or class of persons was entitled immediately before the date of the exemption 13 14 4 any exemption granted under this section may be cancelled by the authority which granted it, by order in writing, if an employer fails to comply, a in the case of an exemption granted under subsection 1, with any of the conditions imposed under that subsection 15 or subsection 1a or with any of the provisions of subsection 3 16 17aa in the case of an exemption granted under subsection 18 ic, with any of the conditions imposed under that subsection and b in the case of an exemption granted under subsection 2, with any of the provisions of subsection 3 19c in the case of an exemption granted under subsection 2a, with any of the conditions imposed under that subsection or with any of the provisions of subsection 3a d in the case of an exemption granted under subsection 2b, with any of the provisions of subsection 3a. 205 where any exemption granted under subsection 1, subsection 21ic 22, subsection 2, subsection 2a or subsection 2b is cancelled, the amount of accumulations to the credit of every employee to whom such exemption applied, in the provident fund 22the 23pension fund or the insurance fund of the establishment in which he is employed 24together with any amount forfeited from the employers share of contribution to the credit of the employee who leaves the employment before the completion of the full period of service shall be transferred within such time and in such manner as may be specified in the scheme or the 23pension scheme 22or the insurance scheme to the credit of his account in the fund or the 23pension fund 22or the insurance fund, as the case may be. 6 subject to the provisions of subsection 21ic the employer of an exempted establishment or of an exempted employee of an establishment to which the provisions of the 23pension scheme apply, shall, notwithstanding any exemption granted under subsection 1 or subsection 2, pay to the 23pension fund such portion of the employers contribution 25 to its provident fund within such time and in such manner as may be specified in the 23pension scheme. 1. subs. by act 37 of , s. 16, for section 17. 2. subs. by act 33 of , s. 23, for certain words w.e.f. . 3. subs. by act 94 of , s. 3, for factory. 4. added by act 33 of , s. 23 w.e.f. . 5. the explanation omitted by act 28 of , s. 11 w.e.f. . 6. subs. by act 33 of , s. 23, for subsection ia w.e.f. . 7. subs. by act 25 of , s. 7, for subsection ic w.e.f. . 8. subs. by act 94 of , s. 3, for factory. 9. ins. by act 99 of , s. 34 w.e.f. . 10. subs. by act 33 of , s. 23, for certain words w.e.f. . 11. subs. by act 28 of , s. 11, for subsection 3 w.e.f. . 12. ins. by act 99 of , s. 34 w.e.f. . 13. the word and omitted by act 33 of , s. 23 w.e.f. . 14. omitted by s. 23, ibid. w.e.f. . 15. ins. by act 33 of , s. 23 w.e.f. . 16. the word and omitted by act 16 of , s. 27 w.e.f. . 17. ins. by s. 27, ibid. w.e.f. . 18. subs. by act 33 of , s. 23, for ia w.e.f. . 19. ins. by act 99 of , s. 34 w.e.f. . 20. subs. by act 16 of , s. 27, for subsection 5 w.e.f. . 21. subs. by act 33 of , s. 23, for ia w.e.f. . 22. subs. by act 99 of , s. 27, for certain words w.e.f. . 23. subs. by act 25 of , s. 4, for family pension w.e.f. . 24. ins. by act 33 of , s. 23 w.e.f. . 25. the words as well as the employees contribution omitted by act 25 of , s. 7 w.e.f. .

section 17aa. of the employees provident funds and miscellaneous provisions act : 117aa. act to have effect notwithstanding anything contained in act 31 of . the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the life insurance corporation act, . 1. ins. by act 99 of , s. 35 w.e.f. .

section 17b. of the employees provident funds and miscellaneous provisions act : 117b. liability in case of transfer of establishment.where an employer, in relation to an establishment, transfers that establishment in whole or in part, by sale, gift, lease or licence or in any other manner whatsoever, the employer and the person to whom the establishment is so transferred shall jointly and severally be liable to pay the contribution and other sums due from the employer under any provision of this act or the scheme or 2the 3pension scheme or the insurance scheme, as the case may be, in respect of the period up to the date of such transfer: provided that the liability of the transferee shall be limited to the value of the assets obtained by him by such transfer. 1. ins. by act 40 of , s. 8 w.e.f. . 2. subs. by act 99 of , s. 31, for the family pension scheme w.e.f. . 3. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 18. of the employees provident funds and miscellaneous provisions act : 118. protection of action taken in good faith. no suit, prosecution or other legal proceeding shall lie against the central government, a state government, the presiding officer of a tribunal, any authority referred to in section 7a, an inspector or any other person for anything which is in good faith done or intended to be done in pursuance of this act, the scheme, the 2pension scheme or the insurance scheme. 1. subs. by act 33 of , s. 24, for section 18 w.e.f. . 2. subs. by act 25 of , s. 4, for family pension w.e.f. .

section 22. of the employees provident funds and miscellaneous provisions act : 122. power to remove difficulties. 1 if any difficulty arises in giving effect to the provisions of this act, as amended by the employees provident funds and miscellaneous provisions amendment act, 33 of , the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date on which the said amendment act receives the assent of the president. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament. 1. subs. by act 33 of , s. 25, for section 19a w.e.f. .

section 18a. of the employees provident funds and miscellaneous provisions act : 118a. authorities and inspector to be public servant.the authorities referred to in section 7a and every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code. 1. subs. by act 7 of , s. 159, for section 18a w.e.f. .

section 19. of the employees provident funds and miscellaneous provisions act : 219. delegation of powers the appropriate government may direct that any power or authority or or jurisdiction exercisable by it under this act 3, the scheme 4, the 1pension scheme or the insurance scheme shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also a where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification and b where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notification. 1. subs. by act 25 of , s. 4, for family pension w.e.f. . 2. subs. by act 37 of , s. 17, for section 19. 3. subs. by act 16 of , s. 29, for or any scheme. 4. subs. by act 99 of , s. 37, for or the family scheme.

section 20. of the employees provident funds and miscellaneous provisions act : 120. power of central government to give directions. the central government may, from time to time, give such directions to the central board as it may think fit for the efficient administration of this act and when any such direction is given, the central board shall comply with such direction. 1. subs. by act 33 of , s. 25, for section 19a w.e.f. .

section 21. of the employees provident funds and miscellaneous provisions act : 121. power to make rules. 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1 b the form and the manner in which, and the time within which, an appeal shall be filed before a tribunal and the fees payable for filing such appeal c the manner of certifying the copy of the certificate, to be forwarded to the recovery officer under subsection 2 of section 8c and d any other matter, which has to be, or may be, prescribed by rules under this act. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 33 of , s. 25, for section 19a w.e.f. . 2. clause a omitted by act 7 of , s. 159 w.e.f. .

section 4. of the plantations labour act : 1 the state government may, by notification in the official gazette, appoint for the state a duly qualified person to be the chief inspector of plantations and so many duly qualified persons to be inspectors of plantations subordinate to the chief inspector as it thinks fit. 11a the state government may also, by notification in the official gazette, appoint such officers of the state government or of any local authority under its control, as it thinks fit, to be additional inspectors of plantations for all or any of the purposes of this act. 2 subject to such rules as may be made in this behalf by the state government, the chief inspector may declare the local area or areas within which, or the plantations with respect to which, inspectors shall exercise their powers under this act, and may himself exercise the powers of an inspector within such limits as may be assigned to him by the state government. 3 the chief inspector and all inspectors shall be deemed to be public servants within the meaning of the indian penal code 45 of . 1. ins. by act 58 of , s. 5 w.e.f. .

section 1. of the plantations labour act : show related subordinates 1 this act may be called the plantations labour act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint 24 it applies to the following plantations, that is to say, a to any land used or intended to be used for growing tea, coffee, rubber 3, cinchona or cardamom which admeasures 55 hectares or more and in which 6fifteen or more persons are employed or were employed on any day of the preceding twelve months b to any land used or intended to be used for growing any other plant, which admeasures 4 5 hectares or more and in which 5fifteen or more persons are employed or were employed on any day of the preceding twelve months, if, after obtaining the approval of the central government, the state government, by notification in the official gazette, so directs. 6explanation.where any piece of land used for growing any plant referred to in clause a or clause b of this subsection admeasures less than 5 hectares and is contiguous to any other piece of land not being so used, but capable of being so used, and both such pieces of land are under the management of the same employer, then, for the purposes of this subsection, the piece of land first mentioned shall be deemed to be a plantation, if the total area of both such pieces of land admeasures 4 hectares or more. 5 the state government may, by notification in the official gazette, declare that all or any of the provisions of this act shall apply also to any land used or intended to be used for growing any plant referred to in clause a or clause b of subsection 4, notwithstanding that a it admeasures less than 75 hectares, or b the number of persons employed therein is less than 8fifteen: provided that no such declaration shall be made in respect of such land which admeasured less than 75 hectares or in which less than 8fifteen persons were employed, immediately before the commencement of this act. 1. 1st april, : see s.r.o. 880 dated 6th march, , gazette of india, , pt. ii, sec. 3, p. 530. 2. subs. by act 34 of , s. 2, for subsection 4 w.e.f. . 3. subs. by act 58 of , s. 2, for or cinchona w.e.f. 261 . 4. subs. by s. 2, ibid., for 10.117 hectares w.e.f. . 5. subs. by s. 2, ibid., for thirty w.e.f. . 6. ins. by s. 2, ibid. w.e.f. . 7. subs. by act 58 of , s. 2, for 10.117 hectares w.e.f. . 8. subs. by s. 2, ibid., for thirty w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 3d. of the plantations labour act : 13d. power to make rules.1 the state government may, by notification in the official gazette, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form of application for the registration of a plantation, the particulars to be contained in such application and the fees to be accompanied along with such application b the form of the certificate of registration c the particulars regarding any change in respect of which intimation shall be given by the employer to the registering officer under subsection 5 of section 3b and the form in which such change shall be intimated d the authority to which an appeal may be preferred under section 3c and the fees payable in respect of such appeal e the registers to be kept and maintained by a registering officer. 1. ins. by act 58 of , s. 4 w.e.f. .

section 2. of the plantations labour act : show related subordinates in this act, unless the context otherwise requires, a adolescent means a person who has completed his 1fourteenth year but has not completed his eighteenth year b adult means a person who has completed his eighteenth year c child means a person who has not completed his 1fourteenth year d day means a period of twentyfour hours beginning at midnight e employer when used in relation to a plantation, means the person who has the ultimate control over the affairs of the plantation, and where the affairs of any plantation are entrusted to any other person whether called a managing agent, manager, superintendent or by any other name such other person shall be deemed to be the employer in relation to that plantation 2explanation.for the purposes of this clause, the person who has the ultimate control over the the affairs of the plantation means in the case of a plantation owned or controlled by i a company, firm or other association of individuals, whether incorporated or not, every director, partner or individual ii the central government or state government or any local authority, the person or persons appointed to manage the affairs of the plantation and iii a lessee, the lessee 3ee family, when used in relation to a worker, means i his or her spouse, and ii the legitimate and adopted children of the worker dependent upon him or her, who have not completed their eighteenth year, 4and includes parents and widow sister, dependent upon him or her 5eee inspector means an inspector of plantations appointed under subsection 1 of section 4 and includes an additional inspector of plantations appointed under subsection 1a of that section 6f plantation means any plantation to which this act, whether wholly or in part, applies and includes offices, hospitals, dispensaries, schools, and any other premises used for any purpose connected with such plantation, but does not include any factory on the premises to which the provisions of the factories act, 63 of apply g prescribed means prescribed by rules made under this act 7h qualified medical practitioner means a person holding a qualification granted by an authority specified or notified under section 3 of the indian medical degrees act, 7 of , or specified in the schedules to the indian medical council act, of , and includes any person having a certificate granted under any provincial or state medical council act i wages has the meaning assigned to it in clause h of section 2 of the minimum wages act, 11 of j week means a period of seven days beginning at midnight on saturday night or such other night as may be fixed by the state government in relation to plantations in any area after such consultation as may be prescribed with reference to the plantations concerned in that area 8k worker means a person employed in a plantation for hire or reward, whether directly or through any agency, to do any work, skilled, unskilled, manual or clerical 9and includes a person employed on contract for more than sixty days in a year, but does not include i a medical officer employed in the plantation ii any person employed in the plantation including any member of the medical staff whose monthly wages exceed 10 rupees ten thousand iii any person employed in the plantation primarily in a 11managerial or administrative capacity, notwithstanding that his monthly wages do not exceed ten thousand or iv any person temporarily employed in the plantation in any work relating to the construction, development or maintenance of buildings, roads, bridges, drains or canals l young person means a person who is either a child or an adolescent. 1. subs. by act 61 of , s. 24, for fifteenth w.e.f. . 2. ins. by act 17 of , s. 2 w.e.f. . 3. ins. by act 34 of , s. 3 w.e.f. . 4. subs. by act 17 of , s. 2, for certain words w.e.f. . 5. ins. by act 58 of , s. 3 w.e.f. . 6. subs. by act 34 of , s. 3, for cl. f w.e.f. . 7. subs. by s. 3, ibid., for cl. h w.e.f. . 8. subs. by s. 3, ibid., for cl. k w.e.f. . 9. ins. by act 17 of , s. 2 w.e.f. . 10. subs. by act 17 of , s. 2, for rupees seven hundred and fifty w.e.f. . 11. subs. by act 17 of , s. 2, for managerial capacity, notwithstanding that his monthly wages do not exceed rupees seven hundred and fifty w.e.f. .

section 3a. of the plantations labour act : 13a. appointment of registering officers.the state government may, by notification in the official gazette, a appoint such persons, being gazetted officers of government, as it thinks fit, to be registering officers for the purposes of this chapter, and b define the limits within which a registering officer shall exercise the powers and discharge the functions conferred or imposed on him by or under this chapter. 1. ins. by act 58 of , s. 4 w.e.f. .

section 5. of the plantations labour act : subject to any rules made by the state government in this behalf, an inspector may within the local limits for which he is appointed a make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act and of the rules made thereunder are being observed in the case of any plantation b with such assistants, if any, as he thinks fit, enter, inspect and examine any plantation or part thereof at any reasonable time for the purpose of carrying out the objects of this act c examine the crops grown in any plantation or any worker employed therein or require the production of any register or other document maintained in pursuance of this act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this act d exercise such other powers as may be prescribed: provided that no person shall be compelled under this section to answer any question or make any statement tending to incriminate himself.

section 8. of the plantations labour act : in every plantation effective arrangements shall be made by the employer to provide and maintain at convenient places in the plantation a sufficient supply of wholesome drinking water for all workers.

section 3. of the plantations labour act : in this act, references to time of day are references to indian standard time being five and a half hours ahead of greenwich mean time: provided that for any area in which the indian standard time is not ordinarily observed, the state government may make rules a specifying the area b defining the local mean time ordinarily observed therein and c permitting such time to be observed in all or any of the plantations situated in that area.

section 3b. of the plantations labour act : 13b. registration of plantations.1 every employer of a plantation, existing at the commencement of the plantation labour amendment act, 58 of shall, within a period of sixty days of such commencement, and every employer of any other plantation coming into existence after such commencement shall, within a period of sixty days of the coming into existence of such plantation, make an application to the registering officer for the registration of such plantation: provided that the registering officer may entertain any such application after the expiry of the period aforesaid if he is satisfied that the applicant was prevented by sufficient cause from making the application within such period. 2 every application made under subsection 1 shall be in such form and shall contain such particulars and shall be accompanied by such fees as may be prescribed. 3 after the receipt of an application under subsection 1, the registering officer shall register the plantation. 4 where a plantation is registered under this section, the registering officer shall issue a certificate of registration to the employer thereof in such form as may be prescribed. 5 where, after the registration of a plantation under this section, any change occurs in the ownership or management or in the extent of the area or other prescribed particulars in respect of such plantation, the particulars regarding such change shall be intimated by the employer to the registering officer within thirty days of such change in such form as may be prescribed. 6 where as a result of any intimation received under subsection 5, the registering officer is satisfied that the plantation is no longer required to be registered under this section, he shall, by order in writing, cancel the registration thereof and shall, as soon as practicable, cause such order to be published in any one newspaper in the language of, and having circulation in, the area where the plantation is situated. 1. ins. by act 58 of , s. 4 w.e.f. .

section 3c. of the plantations labour act : 13c. appeals against orders of registering officer.1 any person aggrieved by the order of a registering officer under subsection 6 of section 3b may, within thirty days of the publication of such order in the newspaper under that subsection, prefer an appeal to such authority as may be prescribed: provided that the appellate authority may entertain an appeal under this subsection after the expiry of the aforesaid period if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period. 2 after the receipt of an appeal under subsection 1, the appellate authority may, after giving the appellant, the employer referred to in subsection 5 of section 3b and the registering officer an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. 1. ins. by act 58 of , s. 4 w.e.f. .

section 6. of the plantations labour act : every employer shall afford the inspector all reasonable facilities for making any entry, inspection, examination or inquiry under this act.

section 10. of the plantations labour act : 1 in every plantation there shall be provided and maintained so as to be readily available such medical facilities for the workers 1and their families as may be prescribed by the state government. 2 if in any plantation medical facilities are not provided and maintained as required by subsection 1 the 2state government upon a request by the chief inspector may cause to be provided and maintained therein such medical facilities, and recover the cost thereof from the defaulting employer. 3 for the purposes of such recovery the chief inspector may certify the costs to be recovered to the collector, who may recover the amount as an arrear of landrevenue. state amendment kerala amendment of section 10.in section 10 of the plantations labour act, central act 69 of , after subsection 1, the following explanation shall be inserted, namely: explanation.for the purpose of this section, family, when used in relation to a worker, means i his or her spouse ii mentally retarded children, minor legitimate or adopted son, unmarried legitimate or adopted daughter of the worker dependent upon him or her, and includes the parents of the worker dependent upon him or her.. vide kerala act 1 of , s. 2. 1. ins. by act 34 of , s. 4 w.e.f. . 2. subs. by act 17 of , s. 4, for chief inspector w.e.f. .

section 7. of the plantations labour act : 1 the state government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this act within such local limits or for such plantation or class of plantations as it may assign to them respectively. 2 the certifying surgeon shall carry out such duties as may be prescribed in connection with a the examination and certification of workers b the exercise of such medical supervision as may be prescribed where adolescents 1are, employed in any work in any plantation which is likely to cause injury to their health. 1. subs. by act 17 of , s. 3, for and children are, or are to be w.e.f. .

section 16. of the plantations labour act : the state government may make rules for the purpose of giving effect to the provisions of section 15 and, in particular providing for a the standard and specification of the accommodation to be provided b the selection and preparation of sites for the construction of houses and the size of such plot c the constitution of advisory boards consisting of representatives of the state government, the employer and the workers for consultation in regard to matters connected with housing and the exercise by them of such powers, functions and duties in relation thereto as may be specified d the fixing of rent, if any, for the housing accommodation provided for workers e the allotment to workers and their families of housing accommodation and of suitable strips of vacant land adjoining such accommodation for the purpose of maintaining kitchen gardens, 1 and for the eviction of workers and their families from such accommodation f access to the public to those parts of the plantation wherein the workers are housed. 1. certain words and figures omitted by act 34 of , s. 5 w.e.f. .

section 9. of the plantations labour act : 1 there shall be provided separately for males and females in every plantation a sufficient number of latrines and urinals of prescribed types so situated as to be convenient and accessible to workers employed therein. 2 all latrines and urinals provided under subsection 1 shall be maintained in a clean and sanitary condition.

section 14. of the plantations labour act : where the children between the ages of six and twelve of workers employed in any plantation exceed twentyfive in number, the state government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. state amendment assam amendment of section 14.in the principal act, for existing section 14, the following shall be substituted, namely: 14. educational faculties.where the children between the ages of six and fourteen of workers employed in any plantation exceed twenty five in number, the state government may make rules requiring every employer to provide educational facilities for the children in such manner and of such standard as may be prescribed. vide assam act 1 of , s. 2.

section 11. of the plantations labour act : 1 the state government may make rules requiring that in every plantation wherein one hundred and fifty workers are ordinarily employed, one or more canteens shall be provided and maintained by the employer for the use of the workers. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the date by which the canteen shall be provided b the number of canteens that shall be provided and the standards in respect of construction, accommodation, furniture and other equipment of the canteens c the foodstuffs which may be served therein and the charges which may be made therefor d the constitution of a managing committee for the canteen and the representation of the workers in the management of the canteen e the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause c.

section 16a. of the plantations labour act : 116a. liability of employer in respect of accidents resulting from collapse of houses provided by him.1 if death or injury is caused to any worker or a member of his family as a result of the collapse of a house provided under section 15, and the collapse is not solely and directly attributable to a fault on the part of any occupant of the house or to a natural calamity, the employer shall be liable to pay compensation. 2 the provisions of section 4 of, and schedule iv to, the workmens compensation act, 8 of , as in force for the time being, regarding the amount of compensation payable to a workman under that act shall, so far as may be, apply for the determination of the amount of compensation payable under subsection 1. 1. ins. by act 58 of , s. 8 w.e.f. .

section 13. of the plantations labour act : the state government may make rules requiring every employer to make provision in his plantation for such recreational facilities for the workers and children employed therein as may be prescribed.

section 12. of the plantations labour act : 11 in every plantation wherein fifty or more women workers including women workers employed by any contractor are employed or were employed on any day of the preceding twelve months, or where the number of children of women workers including women workers employed by any contractor is twenty or more, there shall be provided and maintained by the employer suitable rooms for the use of children of such women workers. explanation.for the purposes of this subsection and subsection 1a, children means persons who are below the age of six years. 21a notwithstanding anything contained in subsection 1, if, in respect of any plantation wherein less than fifty women workers including women workers employed by any contractor are employed or were employed on any day of the preceding twelve months, or where the number of children of such women workers is less than twenty, the state government, having regard to the number of children of such women workers deems it necessary that suitable rooms for the use of such children should be provided and maintained by the employer, it may, by order, direct the employer to provide and maintain such rooms and thereupon the employer shall be bound to comply with such direction. 2 3the rooms referred to in subsection 1 or subsection 1a shall a provide adequate accommodation b be adequately lighted and ventilated c be maintained in a clean and sanitary condition and d be under the charge of a woman trained in the care of children and infants. 3 the state government may make rules prescribing the location and the standards of 3the rooms referred to in subsection 1 or subsection 1a in respect of their construction and accommodation and the equipment and amenities to be provided therein. 1. subs. by act 58 of , s. 6, for subsection 1 w.e.f. 261 . 2. ins. by s. 6, ibid. w.e.f. . 3. subs. by act 58 of , s. 6, for such rooms w.e.f. .

section 16d. of the plantations labour act : 116d. procedure and powers of commissioner.1 on receipt of an application under section 16c, the commissioner may make an inquiry into the matter covered by the application. 2 in determining the amount of compensation payable under section 16a, the commissioner may, subject to any rules that may be made in this behalf, follow such summary procedure as he thinks fit. 3 the commissioner shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which may be prescribed. 4 subject to any rules that may be made in this behalf, the commissioner may, for the purpose of determining any claim or compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist him in holding the inquiry. 1. ins. by act 58 of , s. 8 w.e.f. .

section 15. of the plantations labour act : 115. housing facilities.it shall be the duty of every employer to provide and maintain necessary housing accommodation a for every worker including his family residing in the plantation b for every worker including his family residing outside the plantation, who has put in six months of continuous service in such plantation and who has expressed a desire in writing to reside in the plantation: provided that the requirement of continuous service of six months under this clause shall not apply to a worker who is a member of the family of a deceased worker who, immediately before his death, was residing in the plantation. 1. subs. by s. 7, ibid., for section 15 w.e.f. .

section 16b. of the plantations labour act : 116b. appointment of commissioners.the state government may, by notification in the official gazette, appoint as many persons, possessing the prescribed qualifications as it thinks fit, to be commissioners to determine the amount of compensation payable under section 16a and may define the limits within which each such commissioner shall exercise the powers and discharge the functions conferred or imposed on him by or under this act. 1. ins. by act 58 of , s. 8 w.e.f. .

section 16c. of the plantations labour act : 116c. application for compensation.1 an application for payment of compensation under section 16a may be made to the commissioner a by the person who has sustained the injury or b by any agent duly authorised by the person who has sustained the injury or c where the person who has sustained the injury is a minor, by his guardian or d where death has resulted out of the collapse of the house, by any dependant of the deceased or by any agent duly authorised by such dependant or, if such dependant is a minor, by his guardian. 2 every application under subsection 1 shall be in such form and shall contain such particulars as may be prescribed. 3 no application for compensation under this section shall be entertained unless it is made within six months of the collapse of the house: provided that the commissioner may, if he is satisfied that the applicant was prevented by sufficient cause from making the application within the aforesaid period of six months, entertain such application within a further period of six months. explanation.in this section, the expression dependant has the meaning assigned to it in clause d of section 2 of the workmens compensation act, 8 of . 1. ins. by act 58 of , s. 8 w.e.f. .

section 16f. of the plantations labour act : 116f. saving as to certain rights.the right of any person to claim compensation under section 16a shall be without prejudice to the right of such person to recover compensation payable under any other law for the time being in force but no person shall be entitled to claim compensation more than once in respect of the same collapse of the house. 1. ins. by act 58 of , s. 8 w.e.f. .

section 18. of the plantations labour act : 1 in every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed. 2 the state government may prescribe the duties, qualifications and conditions of service of officers employed under subsection 1. state amendment kerala amendment of section 18.in section 18 of the plantation labour act, central act 69 of hereinafter referred to as the principal act, after subsection 1, the following subsection shall be inserted, namely: 1a if in any plantation, welfare officers are not employed as required by the rules made under subsection 1, the chief inspector may appoint the required number of welfare officers and thereupon such officers shall be deemed to have been employed by the employee under subsection 1: provided that before appointing welfare officers under this subsection the employer shall be given an opportunity of being heard. vide kerala act 25 of , s. 2.

section 16e., to be decided by commissioner. of the plantations labour act : 116e. liability to pay compensation, etc., to be decided by commissioner.1 any question as to the liability of an employer to pay compensation under section 16a, or as to the amount thereof, or as to the person to whom such compensation is payable, shall be decided by the commissioner. 2 any person aggrieved by a decision of the commissioner refusing to grant compensation, or as to the amount of compensation granted to him, or to the apportionment thereof, may prefer an appeal to the high court having jurisdiction over the place where the collapse of the house has occurred, within ninety days of the communication of the order of the commissioner to such person: provided that the high court may entertain any such appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such period: provided further that nothing in this subsection shall be deemed to authorise the high court to grant compensation in excess of the amount of compensation payable under section 16a. 3 subject to the decision of the high court in cases in which an appeal is preferred under subsection 2, the decision of the commissioner under subsection 1 shall be final and shall not be called in question in any court. 1. ins. by act 58 of , s. 8 w.e.f. .

section 16g. of the plantations labour act : 116g. power to make rules.1 the state government may, by notification in the official gazette, make rules for giving effect to the provisions of sections 16a to 16f both inclusive. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for i the qualifications and conditions of service of commissioners ii the manner in which claims for compensation may be inquired into and determined by the commissioner iii the matters in respect of which any person may be chosen to assist the commissioner under section 16d and the functions that may be performed by such person iv generally for the effective exercise of any powers conferred on the commissioner. 1. ins. by act 58 of , s. 8 w.e.f. .

section 17. of the plantations labour act : the state government may make rules requiring that in every plantation the employer shall provide the workers with such number and type of umbrellas, blankets, rain coats or other like amenities for the protection of workers from rain or cold as may be prescribed.

section 18b. of the plantations labour act : 118b. power of state government to make rules.1 the state government may, by notification in the official gazette, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the restriction on employment of women and adolescents for handling hazardous chemicals under subsection 2 of section 18a b the qualifications of supervisor appointed under subsection 3 of section 18a c the matters for training of workers under subsection 4 of section 18a d the medical examination of workers under subsection 5 of section 18a e the facilities and equipment to be provided to the workers engaged in handling insecticides, chemicals and toxic substances under subsection 7 of section 18a f the precautionary notices to be exhibited under subsection 9 of section18a. 1. ins. by act 17 of , s. 5 w.e.f. .

section 18a. of the plantations labour act : 118a. safety.1 in every plantation, effective arrangements shall be made by the employer to provide for the safety of workers in connection with the use, handling, storage and transport of insecticides, chemicals and toxic substances. 2 the state government may make rules for prohibiting or, restricting employment of women or adolescents in using or handling hazardous chemicals. 3 the employer shall appoint persons possessing the prescribed qualifications to supervise the use, handling, storage and transportation of insecticides, chemicals and toxic substances in his plantation. 4 every employer shall ensure that every worker in plantation employed for handling, mixing, blending and applying insecticides, chemicals and toxic substances, is trained about the hazards involved in different operations in which he is engaged, the various safety measures and safe work practices to be adopted in emergencies arising from spillage of such insecticides chemicals and toxic substances and such other matters as may be prescribed by the state government. 5 every worker who is exposed to insecticides, chemicals and toxic substances shall be medically examined periodically, in such manner as may be prescribed, by the state government. 6 every employer shall maintain health record of every worker who is exposed to insecticides, chemicals and toxic substances which are used, handled, stored or transported in a plantation, and every such worker shall have access to such record. 7 every employer shall provide a washing, bathing and clock room facilities and b protective clothing and equipment, to every worker engaged in handling insecticides, chemicals or toxic substances in such manner as may be prescribed by the state government. 8 every employer shall display in the plantation a list of permissible concentrations of insecticides, chemicals and toxic substances in the breathing zone of the workers engaged in the handling and application of such insecticides, chemicals and toxic substances. 9 every employer shall exhibit such precautionary notices as may be prescribed by the state government indicating the hazards of insecticides, chemicals and toxic substances. state amendment kerala insertion of new section 18aafter section 18 of the principal act, the following section shall be inserted, namely: 18a. chief inspector to provide facilities on default by employer. 1 if in any plantation, facilities are not provided or maintained by the employer as required by section 8 or section 9 or section 12 or section 15 or the rules made under section 11 or section 14 or section 17, the chief inspector may cause to be provided or maintained therein such facilities and recover the cost thereof from the defaulting employer: provided that before providing or maintaining such facilities the employer shall be given an opportunity of being heard. 2 for the purpose of the recovery of the cost under subsection 1 the chief inspector may certify the amount to be recovered to the collector, who may thereupon recover such amount as an arrear of land revenue.. vide kerala act 25 of , s. 3. 1. ins. by act 17 of , s. 5 w.e.f. .

section 22. of the plantations labour act : the period of work of an adult worker in a plantation shall be so arranged that inclusive of his interval for rest under section 121 it shall not spreadover more than twelve hours including the time spent in waiting for work on any day 1. subs. by act 42 of , s. 4 and the third schedule, for 19.

section 19. of the plantations labour act : 11 save as otherwise expressly provided in this act, no adult worker shall be required or allowed to work on any plantation in excess of 2 fortyeight hours a week and no adolescent 3 for more than 4twentyseven hours a week. 52 where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than fortyeight hours in any week, he shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages: provided that no such worker shall be allowed to work for more than nine hours on any day and more than fiftyfour hours in any week. 3 for any work done on any closed holiday in the plantation or on any day of rest, a worker shall be entitled to twice the rates of ordinary wages as in the case of overtime work. 1. section 19 renumbered as subsection 1 thereof by act 58 of , s. 9 w.e.f. . 2. subs. by s. 9, ibid, for fiftyfour hours w.e.f. . 3. the words or child omitted by act 17 of , s. 6 w.e.f. . 4. subs. by act 58 of , s. 9, for forty hours w.e.f. . 5. ins. by s. 9, ibid. w.e.f.

section 24. of the plantations labour act : 124. prohibition of employment of children.no child shall be employed to work in any plantation. 1. ins. by act 17 of , s. 7 we.f. .

section 20. of the plantations labour act : 1 the state government may by rules made in this behalf a provide for a day of rest in every period of seven days which shall be allowed to all workers 1b provide for the conditions subject to which, and the circumstances in which, an adult worker may be required or allowed to work overtime. 2 notwithstanding anything contained in clause a of sub section 1 where a worker is willing to work on any day of rest which is not a closed holiday in the plantation, nothing contained in this section shall prevent him from doing so: provided that in so doing a worker does not work for more than ten days consecutively without a holiday for a whole day intervening. explanation 1.where on any day a worker has been prevented from working in any plantation by reason of tempest, fire, rain or other natural causes, that day, may, if he so desires, be treated as his day of rest for the relevant period of seven days within the meaning of subsection 1. explanation 2.nothing contained in this section shall apply to any worker whose total period of employment including any day spent on leave is less than six days. 1. subs. by act 58 of , s. 10, for clause b w.e.f. .

section 25. of the plantations labour act : 25. night work for women 1.except with the permission of the state government, no woman 2 worker shall be employed in any plantation otherwise than between the hours of 6 a.m. and 7 p.m.: provided that nothing in this section shall be deemed to apply to midwives and nurses employed as such in any plantation. 1. the words and children omitted by s. 8, ibid. we.f. . 2. the words or child omitted by s. 8, ibid. we.f. .

section 21. of the plantations labour act : the period of work on each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest for at least half an hour.

section 23. of the plantations labour act : 1 there shall be displayed and correctly maintained in every plantation a notice of periods of work in such form and manner as may be prescribed showing clearly for every day the periods during which the workers may be required to work. 2 subject to the other provisions contained in this act, no worker shall be required or allowed to work in any plantation otherwise than in accordance with the notice of periods of work displayed in the plantation. 3 an employer may refuse to employ a worker for any day if on that day he turns up for work more than half an hour after the time fixed for the commencement of the days work.

section 26. of the plantations labour act : no 1 adolescent shall be required or allowed to work in any plantation unless a a certificate of fitness granted with reference to him under section 27 is in the custody of the employer and b such 2 adolescent carries with him while he is at work a token giving a references to such certificate. 1. the words child and no omitted by act 17 of , s. 9 w.e.f. . 2. the words child or omitted by s. 9, ibid. w.e.f. .

section 27. of the plantations labour act : 1 a certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the employer or any other person on his behalf that such person will be employed in the plantation if certified to be fit for work, or on the application of the employer or any other person on his behalf with reference to any young person intending to work, examine such person and ascertain his fitness for work 1 as an adolescent. 2 a certificate of fitness granted under this section shall be valid for a period of twelve months from the date thereof, but may be renewed. 3 any fee payable for a certificate under this section shall be paid by the employer and shall not be recoverable from the young person, his parents or guardian. 1. the words either as a child or omitted by s.10, ibid. w.e.f. .

section 28. of the plantations labour act : an inspector may, if he thinks necessary so to do, cause any young person employed in a plantation to be examined by a certifying surgeon.

section 32b. of the plantations labour act : 132b. register of accidents.the employer shall maintain a register of all accidents which occur in the plantation in such form and in such manner as may be prescribed. 1. ins. by act 58 of , s. 12 w.e.f. .

section 29. of the plantations labour act : 1 the provisions of this chapter shall not operate to the prejudice of any rights to which a worker may be entitled under any other law or under the terms of any award, agreement, or contract of service: provided that where such award, agreement or contract of service provides for a longer leave with wages than provided in this chapter the worker shall be entitled only to such longer leave. explanation.for the purpose of this chapter leave shall not, except as provided in section 30, include weekly holidays or holidays for festivals or other similar occasions.

section 30. of the plantations labour act : 1 every worker shall be allowed leave with wages for a number of days calculated at the rate of a if an adult, one day for every twenty days of work performed by him, and b if a young person, one day for every fifteen days of work performed by him. 1 2 3explanation 1.for the purposes of calculating leave under this subsection, a any day on which no work or less than half a days work is performed shall not be counted and b any day on which half or more than half a days work is performed shall be counted as one day. 4explanation 2.the leave admissible under this subsection shall be exclusive of all holidays, whether occurring during, or at either and of the period of leave. 2 if a worker does not in any one period of twelve months take the whole of the leave allowed to him under subsection 1, any leave not taken by him shall be added to the leave to be allowed to him under that subsection in the succeeding period of twelve months. 3 a worker shall cease to earn any leave under this section when the earned leave due to him amounts to thirty days. 34 if the employment of a worker who is entitled to leave under this section is terminated by the employer before he has taken the entire leave to which he is entitled, the employer shall pay him the amount payable under section 31 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after such termination. 1. the proviso omitted by act 58 of , s. 11 w.e.f. . 2. ins. by act 34 of , s. 6 w.e.f. . 3. the existing explanation numbered as explanation 1 thereof by act 58 of , s. 11 w.e.f. . 4. ins. by s. 11. ibid. w.e.f. .

section 32a. of the plantations labour act : 132a. notice of accident.where in any plantation, an accident occurs which causes death or which causes any bodily injury to a worker by reason of which the worker injured is prevented from working for a period of fortyeight hours or more immediately following the accident, or which is of such a nature as may be prescribed in this behalf, the employer thereof shall send notice thereof to such authorities, in such form, and within such time, as may be prescribed. 1. ins. by act 58 of , s. 12 w.e.f. .

section 32c. of the plantations labour act : 132c. compensation.the employer shall give compensation to a worker in plantation in case of accident and the memorandum relating to such compensation shall be got registered by the employer with the commissioner in accordance with the provisions of the workmens compensation act, 8 of . 1. ins. by act 17 of , s. 11 w.e.f. .

section 31. of the plantations labour act : 11 for the leave allowed to a worker under section 30, he shall be paid, a if employed wholly on a timerate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and b in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a timerate basis and partly on a piecerate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months. explanation.for the purposes of clause b of subsection 1, the average daily wage shall be computed on the basis of his total fulltime earnings during the preceding twelve calendar months, exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance. 1a in addition to the wages for the leave period at the rates specified in subsection 1, a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period. 2 a worker who has been allowed leave for 2any period not less than four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed. 1. subs. by act 34 of , s. 7, for subsection 1 w.e.f. . 2. subs. by act 42 of , s. 4 and the third schedule, for any period less than.

section 33. of the plantations labour act : 1 whoever obstructs an inspector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination or inquiry authorised by or under this act in relation to any plantation, shall be punishable with imprisonment for a term which may extend to 1six months, or with fine which may extend to ten thousand rupees, or with both. 2 whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this act, or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this act, shall be punishable with imprisonment for a term which may extend to 2six months, or with fine which may extend to ten thousand rupees, or with both. 1. subs. by s. 12, ibid., for three months, or with fine which may extend to five hundred rupees, or with both w.e.f. . 2. subs. by act 17 of , s. 12, for three months, or with fine which may extend to five hundred rupees, or with both w.e.f. .

section 32. of the plantations labour act : 1 subject to any rules that may be made in this behalf, every worker shall be entitled to obtain from his employer a in the case of sickness certified by a qualified medical practitioner, sickness allowance, and b if a woman, in the case of confinement or expected confinement, maternity allowance, at such rate, for such period and at such intervals as may be prescribed. 2 the state government may make rules regulating the payment of sickness or maternity allowance and any such rules may specify the circumstances in which such allowance shall not be payable or shall cease to be payable, and in framing any rules under this section the state government shall have due regard to the medical facilities that may be provided by the employer in any plantation.

section 34. of the plantations labour act : whoever knowingly uses or attempts to use as a certificate of fitness granted to himself under section 27 a certificate granted to another person under that section, or having been granted a certificate of fitness to himself, knowingly allows it to be used, or allows an attempt to use it to be made by another person, shall be punishable with imprisonment which may extend to 1two months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by s. 13, ibid., for one month, or with fine which may extend to fifty rupees, or with both w.e.f. .

section 35. of the plantations labour act : whoever, except as otherwise permitted by or under this act, contravenes any provision of this act or of any rules made thereunder, prohibiting, restricting or regulating the employment of persons in a plantation, shall be punishable with imprisonment for a term which may extend to 1six months, or with fine which may extend to ten thousand rupees, or with both. 1. subs. by act 17 of , s. 12, for three months, or with fine which may extend to five hundred rupees, or with both w.e.f. .

section 36. of the plantations labour act : whoever contravenes any of the provisions of this act or of any rules made thereunder for which no other penalty is elsewhere provided by or under this act shall be punishable with imprisonment for a term which may extend to 1six months, or with fine which may extend to ten thousand rupees, or with both. 1. subs. by act 17 of , s. 12, for three months, or with fine which may extend to five hundred rupees, or with both w.e.f. .

section 39a. of the plantations labour act : 139a. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act. 1. subs. by act 17 of , s. 12, for section 39 w.e.f. .

section 37. of the plantations labour act : if any person who has been convicted of any offence punishable under this act is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment which may extend to 1one year, or with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees, or with both: provided that for the purposes of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. 1. subs. by s. 14, ibid., for six months, or with fine which may extend to one thousand rupees, or with both w.e.f. .

section 37a. of the plantations labour act : 137a. power of court to make orders.1 where an employer is convicted of an offence punishable under section 36, the court may, in addition to awarding any punishment, by order in writing, require him within such period as may be specified in the order which the court may, if it thinks fit and on an application made in this behalf by the employer, from time to time, extend to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. 2 where an order is made under subsection 1, the employer shall not be liable under this act in respect of the continuation of the offence during the period or extended period, as the case may be, specified by the court, but if, on the expiry of such period or extended period, the order of the court has not been fully complied with, the employer shall be deemed to have committed a further offence and he shall, on conviction, be punishable with imprisonment for a term which may extend to six months and with fine which may extend to three hundred rupees for every day after such expiry. 1. ins. by act 58 of , s. 13 w.e.f. .

section 39. of the plantations labour act : 139. cognizance of offences. no court shall take cognizance of any offence under this act except on a complaint made by any worker or an office bearer of a trade union of which such worker is a member or an inspector and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 1. subs. by act 17 of , s. 12, for section 39 w.e.f. .

section 38. of the plantations labour act : where an employer charged with an offence under this act alleges that another person is the actual offender, he shall be entitled upon complaint made by him in this behalf to have, on giving to the prosecutor in this behalf three clear days, notice in writing of his intention so to do, that other person brought before the court on the day appointed for the hearing of the case and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that a he has used due diligence to enforce the execution of the relevant provisions of this act and b that the other person committed the offence in question without his knowledge, consent or connivance the said other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be acquitted: provided that a the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to crossexamination on behalf of the person he charges to be the actual offender and by the prosecutor, and b if, in spite of due diligence, the person alleged as the actual offender cannot be brought before the court on the day appointed for the hearing of the case, the court shall adjourn the hearing thereof from time to time so, however, that the total period of such adjournment does not exceed three months, and if, by the end of the said period, the person alleged as the actual offender cannot still be brought before the court, the court shall proceed to hear the case against the employer.

section 40. of the plantations labour act : no court shall take cognizance of an offence punishable under this act unless the complaint thereof has been made or is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

section 43. of the plantations labour act : 1 the state government may, subject to the condition of previous publication, make rules to carry out the purposes of this act: provided that the date to be specified under clause 3 of section 23 of the general clauses act, 10 of , shall not be less than six weeks from the date on which the draft of the proposed rules was published. 2 in particular, and without prejudice to the generality of the foregoing power, any such rules may provide for a the qualifications required in respect of the chief inspector and inspector b the powers which may be exercised by inspectors and the areas in which and the manner in which such powers may be exercised c the medical supervision which may be exercised by certifying surgeons d the examination by inspectors or other persons of the supply and distribution of drinking water in plantations e appeals from any order of the chief inspector or inspector and the form in which, the time within which and the authorities to which, such appeals may be preferred f the time within which housing, recreational, educational or other facilities required by this act to be provided and maintained may be so provided g the types of latrines and urinals that should be maintained in plantations h the medical, recreational and educational facilities that should be provided in plantations i the form and manner in which notices of periods of work shall be displayed and maintained j the registers which should be maintained by employers and the returns, whether occasional or periodical, as in the opinion of the state government may be required for the purposes of this act 1 k the hours of work for a normal working day for the purpose of wages and overtime 2l any other matter which is required to be, or may be, prescribed. 33 every rule made by the state government under this act shall, as soon as may be after it is made, be laid before the state legislature. 44 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 5 1. the word and omitted by act 58 of , s. 14 w.e.f. 261 . 2. added by act 58 of , s. 14 w.e.f. . 3. subs. by act 17 of , s. 16, for subsection 3 w.e.f. . 4. added by act 4 of , s. 2 and the schedule w.e.f.. 5. subsection 4 omitted by act 4 of , s. 3 and the second schedule w.e.f. .

section 41. of the plantations labour act : the central government may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act.

section 42. of the plantations labour act : the state government may, by order in writing, exempt, subject to such conditions and restrictions as it may think fit to impose, any employer or class of employers from all or any of the provisions of this act: provided that no such exemption 1other than an exemption from section 19 shall be granted except with the previous approval of the central government. 1. ins. by act 34 of , s. 8 w.e.f. .

section 8. of the provincial small cause courts act : 11 if the state government so direct, there may be appointed, by order in writing, additional judges of a court of small causes or of two or more such courts. 2 2an additional judge shall discharge such of the functions of the judge of the court or courts as the judge may assign to him, and in the discharge of those functions shall exercise the same powers as the judge. 3 the judge may withdraw from 2an additional judge any business pending before him. 4 when the judge is absent, the 4senior additional judge may discharge all or any of the functions of the judge. 1. subs., ibid., for the subsection 1. 2. subs. by act 11 of , s. 2 and the first schedule, for the additional. 3. ins. by s. 2 and the first schedule, ibid.

section 9.. of the provincial small cause courts act : suspension and removal of judges. rep. by the a.o. .

section 2.. of the provincial small cause courts act : repeal. rep. partly by the amending act, 12 of , s. 2 and the first schedule and partly by the repealing act, 1 of , s. 2 and the schedule.

section 10. of the provincial small cause courts act : the state government, after consultation with the high court, may, by order in writing, direct that two judges of courts of small causes or a judge and an additional judge of a court of small causes shall sit together for the trial of such class or classes of suits or applications cognizable by a court of small causes as may be described in the order.

section 4. of the provincial small cause courts act : in this act, unless there is something repugnant in the subject or context, court of small causes means a court of small causes constituted under this act, and includes any person exercising jurisdiction under this act in any such court.

section 5. of the provincial small cause courts act : 1 the state government 1 may, by order in writing, establish a court of small causes at any place within the territories under its administration beyond the local limits for the time being of the ordinary original civil jurisdiction of a high court of judicature established in a presidencytown. 2 the local limits of the jurisdiction of the court of small causes shall be such as the state government may define, and the court may be held at such place or places within those limits as the state government may appoint.2 1. the words with the previous sanction of the g. g. in c. rep. by act 4 of . s. 2 and the schedule. 2. for notifications issued under cl. 2 of s. 5, see different local r. and o.

section 6. of the provincial small cause courts act : span16. judge.when a court of small causes has been established there shall be appointed, by order in writing, a judge of the court: provided that if the state government so direct, the same person shall be the judge of more than one such court. 1. subs. by the a.o. , for section 6.

section 7. of the provincial small cause courts act : 1 a judge who is the judge of two or more such courts may, with the sanction of the district court, fix the times at which he will sit in each of the courts of which he is judge. 2 notice of the times shall be published in such manner as the high court from time to time directs.

section 1. of the provincial small cause courts act : 1 this act may be called the provincial small cause courts act, . 2 it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states and 3 it shall come into force on the first day of july, . 1. subs. by the adaptation of laws no. 2 order, , for part b states.

section 3. of the provincial small cause courts act : nothing in this act shall be construed to affect a any proceedings before or after decree in any suit instituted before the commencement of this act or b the jurisdiction of a magistrate under any law for the time being in force with respect to debts or other claims of a civil nature, or of villagemunsifs or villagepanchayats, under the provisions of the madras code, or of villagemunsifs under the dekkhan agriculturists relief act, 17 of or c any local law or any special law other than the code of civil procedure3 14 of . 1. see now the code of civil procedure, act 5 of .

section 18. of the provincial small cause courts act : 1 suits cognizable by the registrar under section 12, subsections 3 and 4, shall be tried by him and decrees passed therein shall be executed by him, in like manner in all respects as the judge might try the suits, and execute the decrees, respectively. 2 the judge may transfer to his own file, or to that of the additional judge if an additional judge has been appointed, any suit or other proceeding pending on the file of the registrar.

section 19. of the provincial small cause courts act : 1 when the judge of a court of small causes is absent, and an additional judge has not been appointed or, having been appointed, is also absent, the registrar may admit a plaint, or return or reject a plaint for any reason for which the judge might return or reject it. 2 the judge may, of his own motion or on the application of a party, return or reject a plaint which has been admitted by the registrar, or admit a plaint which has been returned or rejected by him: provided that where a party applies for the return or rejection or the admission of a plaint under this subsection, and his application is not made at the first sitting of the judge after the day on which the registrar admitted, or returned or rejected, the plaint, the judge shall dismiss the application unless the applicant satisfies him that there was sufficient caus e for not making the application at that sitting.

section 20. of the provincial small cause courts act : 1 if, before the date appointed for the hearing of a suit, the defendant or his agent duly authorised in that behalf appears before the registrar and admits the plaintiffs claim, the registrar may, if the judge is absent, and an additional judge has not been appointed or, having been appointed, is also absent, pass against the defendant, upon the admission, a decree which shall have the same effect as a decree passed by the judge. 2 where a decree has been passed by the registrar under subsection 1, the judge may grant an application for review of judgment, and re hear the suit, on the same conditions, on the same grounds and in the same manner as if the decree had been passed by himself.

section 17. of the provincial small cause courts act : 1 1the procedure prescribed in the code of civil procedure, 5 of , shall, save in so far as is otherwise provided by that code or by this act, be the procedure followed in a court of small causes in all suits cognizable by it and in all proceedings arising out of such suits: provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit in the court the amount due from him under the decree or in pursuance of the judgment, or give 2such security for the performance of the decree or compliance with the judgment as the court may, on a previous application made by him in this behalf, have directed. 2 where a person has become liable as surety under the proviso to subsection 1, the security may be realized in manner provided by section 3145 of the code of civil procedure, 4 5 of . 1 subs. by act 1 of , s. 2, for certain words. 2. subs. by act 9 of , s. 2, for security to the satisfaction of the court for the performance of the decree or compliance with the judgment, as the court may direct. 3. subs. by act 1 of , s. 2, for 253. 4. ins. by s. 2, ibid.

section 11. of the provincial small cause courts act : 1 if two judges, or a judge and an additional judge, sitting together under the last foregoing section, differ as to a question of law or usage having the force of law, or in construing a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the high court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of 1chapter xlvi of the code of civil procedure 14 of shall apply to the reference. 2 if they differ on any matter other than a matter specified in subsection 1, the opinion of the judge who is senior in respect of date of appointment as judge of a court of small causes, or, if one of them is an additional judge, then the opinion of the judge sitting with him, shall prevail. 3 for the purposes of subsection 2, a judge permanently appointed shall be deemed to be senior to an officiating judge. 1. see now ss. 113 and 115 and the first schedule, order xlvi, of the code of civil procedure, act 5 of .

section 14. of the provincial small cause courts act : 1 the ministerial officers of a court of small causes shall, in addition to any duties mentioned in this act, or in any other enactment for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the judge directs. 2 the high court may make rules consistent with this act, and with any other enactment for the time being in force, conferring and imposing on the ministerial officers of a court of small causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

section 12. of the provincial small cause courts act : 112. registrar.21 there may be appointed to a court of small causes an officer to be called the registrar of the court. 2 where a registrar is appointed, he shall be the chief ministerial officer of the court. 3 the state government may, by order in writing, confer upon a registrar, within the local limits of the jurisdiction of the court, the jurisdiction of a judge of a court of small causes for the trial of suits of which the value does not exceed twenty rupees. 4 the registrar shall try such suits cognizable by him as the judge may, by general or special order, direct. 3 1. this section has been amended in its application to the bombay presidency by the provincial small cause courts bombay amendment act, bom. 6 of , s. 2. 2. subs. by the a.o. , for the original subsection which read: 1 the l. g. may appoint to a court of small causes an officer to be called the registrar of the court. 3. subsection 5, which read: a registrar may be suspended or removed from office by the l.g. was rep. by the a. o. .

section 15. of the provincial small cause courts act : 1 a court of small causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a court of small causes. 2 subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of whi ch the value does not exceed five hundred rupees shall be cognizable by a court of small causes. 3 subject as aforesaid, the state government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a court of small causes mentioned in the order.1 state amendments uttar pradesh amendment of section 15 of act no. ix of .in section 15 of the provincial small cause courts act, . a in subsection 2 for the words five thousand rupees the words twenty five thousand rupees shall be substituted. b in the proviso to subsection 2 for the words twenty five thousand rupees the words one lakh rupees shall be substituted. vide uttar pradesh act 14 of , s. 4 uttar pradesh amendment of section 15 of act no. 9 of .in section 15 of the provincial small cause courts act, , a in subsection 2, for the words one thousand rupees, the words two thousand rupees shall be substituted b in subsection 3 and in the proviso thereto for the words, two thousand rupees wherever they occur, the words three thousand rupees shall be substituted. vide uttar pradesh act 57 of , s 29. uttar pradesh amendment of section 15 of act ix of . in section 15 of the provincial small cause courts act, for subsection 2 and 3, the following subsections shall be substituted namely : 2 subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a court of small causes. 3 subject as aforesaid, the state government may, by order in writing direct that all suits of a civil nature of which the value does not exceed two thousand rupees shall be cognizable by a court of small causes mentioned in the order. vide uttar pradesh act 14 of , s. 5. uttar pradesh amendment of section 15 of act ix of .in section 15 of the provincial small cause courts act, , as amended in its application to uttar pradesh, hereinafter referred to as the principal act, in subsection 3, the following proviso shall be inserted, namely : provided that in relation to suits by the lessor for the eviction of a lessee from a building after the determination of his lease, or for recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use and occupation thereof after such determination of lease, the reference in this subsection to two thousand rupees shall be constructed as as a reference to five thousand rupees. explanation.for the purposes of this subsection, the expression building has the same meaning as in article 4 in the second schedule. vide uttar pradesh act 37 of , s. 2 1. for notifications issued under this section, see different local r. and o.

section 16. of the provincial small cause courts act : save as expressly provided by this act or by any other enactment for the time being in force, a suit cognizable by a court of small causes shall not be tried by any other court having jurisdiction within the local limits of the jurisdiction of the court of small causes by which the suit is triable.

section 13.. of the provincial small cause courts act : other ministerial officers. rep. by the a.o. .

section 28. of the provincial small cause courts act : 1 a court of small causes shall be subject to the administrative control of the district court and to the superintendence of the high court, and shall a keep such registers, books and accounts as the high court from time to time prescribes, and b comply with such requisitions as may be made by the district court, the high court or the state government for records, returns and statements in such form and manner as the authority making the requisition directs. 2 the relation of the district court to a court of small causes, with respect to administrative control, shall be the same as that of the district court to a civil court of the lowest grade competent to try an original suit of the value of five thousand rupees in that portion of the territories administered by the state gove rnment in which the court of small causes is established.

section 29. of the provincial small cause courts act : a court of small causes shall use a seal of such form and dimensions as are prescribed by the state government.

section 21. of the provincial small cause courts act : 1 if the judge is absent, and an additional judge has not been appointed or, having been appointed, is also absent, the registrar may, subject to any instructions which he may have received from the judge or, with respect to decrees or orders made by an additional judge, from the additional judge, make any orders in respect of applications for the execution of decrees and orders made by the court of which he is registrar, or sent to that court for execution, which the judge might make under this act. 2 the judge, in the case of any decree or order with respect to the execution of which the registrar has made an order under subsection 1, or the additional judge, in the case of any such decree or order which has been made by himself and with respect to which proceedings have not been taken by the judge under this subsection, may, of his own motion, or on application made by a party within fifteen days from the date of the order of the registrar or of the execution of any process issued in pursuance of that order, reverse or modify the order. 3 the period of fifteen days mentioned in subsection 2 shall be computed in accordance with the provisions of the 1indian limitation act, 15 of , as though the application of the party were an application for review of judgment. 1. see now the indian limitation act, 36 of .

section 30. of the provincial small cause courts act : the state government may, by order in writing, 1abolish a court of small causes. 1. for instance of a notification abolishing a court of small causes broach, see bombay govt. gazette, , pt. 1. p. 339.

section 27. of the provincial small cause courts act : save as provided by this act, a decree or order made under the foregoing provisions of this act by a court of small causes shall be final.

section 22. of the provincial small cause courts act : when the judge of a court of small causes is absent and an additional judge has not been appointed or, having been appointed, is also absent, the registrar or other chief ministerial officer of the court may exercise from time to time the power which the court possesses of adjourning the hearing of any suit or other proceeding, and fix a day for the further hearing thereof.

section 23. of the provincial small cause courts act : 1 notwithstanding anything in the foregoing portion of this act, when the right of a plaintiff and the relief claimed by him in a court of small causes depend upon the proof or disproof of a title to immovable property or other title which such a court cannot finally determine, the court may at any stage of the proceedings return the plaint to be presented to a court having jurisdiction to determine the title. 2 when a court returns a plaint under subsection 1, it shall comply with the provisions of the second paragraph of 1section 57 of the code of civil procedure 14 of and make such order with respect to costs as it deems just, and the court shall, for the purposes of the 2indian limitation act, 15 of , be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction. 1. see now the code of civil procedure, act 5 of , sch. i, order vii, rule 10. 2. see now the indian limitation act, 36 of .

section 26.. of the provincial small cause courts act : amendment of the second schedule to the code of civil procedure. rep. by the presidency small cause courts law amendment act, 10 of , s. 4.

section 25. of the provincial small cause courts act : the high court, for the purpose of satisfying itself that a decree or order made in any case decided by a court of small causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit. state amendment uttar pradesh amendment of section 25 of act ix of .in section 25 of principal act, the following proviso thereto shall be inserted, namely : provided that in relation to any case decided by a district judge or additional district judge exercising the jurisdiction of judge of small causes, the power of revision under this section shall vest in the high court. vide uttar pradesh act 37 of , s. 3

section 24. of the provincial small cause courts act : where an order specified in 1clause ff or clause h of subsection 1 of section 104 of the code of civil procedure, 5 of , is made by a court of small causes, an appeal therefrom shall lie to the district court 2on any ground on which an appeal from such order would lie under that section. 1. subs. by act 9 of , s. 5, for section 588, clause 29, of the code of civil procedure. 2. ins. by s. 5, ibid.

section 37. of the provincial small cause courts act : all orders required by this act to be made in writing by the state government shall be published in the official gazette.

section 31. of the provincial small cause courts act : 1 nothing in this act shall be construed to prevent 1the appointment of a person who is a judge or additional judge of a court of small causes to be also a judge of any other 2civil court or to be a magistrate of any class or to hold any other public office. 2 when a judge or additional judge is so appointed, the ministerial officers of his court shall, subject to any rules which the state government may make in this behalf, be deemed to be ministerial officers appointed to aid him in the disc harge of the duties of the other office. 1. subs. by the a. o. , for the l. g. from appointing. 2. for instances of notifications issued under this power, see u. p. r. 0.

section 36.. of the provincial small cause courts act : amendment of indian limitation act. rep.by the indian limitation act, 9 of , s. 32 and the third schedule.

section 32. of the provincial small cause courts act : 1 so much of chapters iii and iv as relates to a the nature of the suits cognizable by courts of small causes, b the exclusion of the jurisdiction of other courts in those suits, c the practice and procedure of courts of small causes, d appeal from certain orders of those courts and revision of cases decided by them, and e the finality of their decrees and orders subject to such appeal and revision as are provided by this act, applies to courts invested by or under any enactment for . the time being in force with the jurisdiction of a court of small causes so far as regards the exercise of that jurisdiction by those courts. 2 nothing in subsection 1 with respect to courts invested with the jurisdiction of a court of small causes applies to suits instituted or proceedings commenced in those courts before the date on which they were invested with that jurisdiction.

section 35. of the provincial small cause courts act : 1 where a court of small causes, or a court invested with the jurisdiction of a court of small causes, has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to the case, whether before or after decree, which, if the court had not ceased to have jurisdiction, might have been had therein, may be had in the court which, if the suit out of which the proceeding has arisen were about to be instituted, would have jurisdiction to try the suit. 2 nothing in this section applies to cases for which special provision is made in the 1code of civil procedure 14 of as extended to courts of small causes or in any other enactment for the time being in force. 1. see now the code of civil procedure, act 5 of .

section 34. of the provincial small cause courts act : notwithstanding anything in the last two foregoing sections, a when, in exercise of the jurisdiction of a court of small causes, a court invested with that jurisdiction sends a decree for execution to itself as a court having jurisdiction in suits of a civil nature which are not cognizable by a court of small causes, or b when a court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a court of small causes, sends a decree for execution to itself as a court invested with the jurisdiction of a court of small causes, the documents mentioned in 1section 224 of the code of civil procedure 14 of shall not be sent with the decree unless in any case the court, by order in writing, requires them to be sent. 1. see now order xxi, rule 6, ibid.

section 33. of the provincial small cause courts act : a court invested with the jurisdiction of a court of small causes with respect to the exercise of that jurisdiction, and the same court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a court of small causes, shall, for the purposes of this act and the 1code of civil procedure 14 of , be deemed to be different courts. 1. see now the code of civil procedure, act 5 of .

section 8. of the control of national highways land and traffic act : term of office. omitted by s. 167, ibid. w.e.f. .

section 1. of the control of national highways land and traffic act : 1 this act may be called the control of national highways land and traffic act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 27th january, , vide notification no. s.o. 96e dated 27th january, , see gazette of india, extraordinary, part ii sec. 3ii.

section 3. of the control of national highways land and traffic act : show related subordinates 13. establishment of highway administrations.1 the central government shall, by notification in the official gazette, a establish, for the purposes of this act, a body or authority consisting of one or more officers of the central government or the state government to be known as highway administration to exercise powers and discharge functions conferred on it under this act and b define the limits of the highway within which, or the length of highway on which, a highway administration shall have jurisdiction: provided that the central government may, in the notification issued under this subsection or by any general or special order, impose any condition or limitation subject to which a highway administration shall exercise powers and discharge functions conferred on it under this act. 2 the central government may establish one or more highway administrations for a state or union territory or for a highway under subsection 1. 3 subject to the provisions of this act, the highway administration shall exercise powers and discharge functions conferred on it under this act in such manner as may be prescribed. 1. subs. by s. 167, ibid., for the heading w.e.f. .

section 7. of the control of national highways land and traffic act : qualifications for appointment as presiding officer. omitted by s. 167, ibid. w.e.f. .

section 2. of the control of national highways land and traffic act : in this act, unless the context otherwise requires, 1 b building means any work of construction done in any manner by use of any material and includes a farm building for agricultural purposes, plinth, doorstep, wall, drain, advertisement board and other things fixed with such building c construct, with its grammatical variations, in relation to a building, means to construct, reconstruct, erect, reerect, extend or alter structurally a building d cost of land means the market value of the land as determined by the competent authority of the state government or the government of the union territory appointed for such determination, as the case may be 2da court means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction e highway means a national highway declared as such under section 2 of the national highways act, 48 of and includes any expressway or express highway vested in the central government, whether surfaced or unsurfaced, and also includes i all lands appurtenant to the highway, whether demarcated or not, acquired for the purpose of the highway or transferred for such purpose by the state government to the central government ii all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such highway and iii all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other highway accessories and materials on such highways f highway administration means the highway administration established under section 3 g highway land means the land of which the central government is, or is deemed to be, the owner under subsection 1 of section 23 h land includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth i means of access means any permanent means of access, whether private or public, for vehicles of any kindbr j premises means any land or building or part of a building and includes i the garden, grounds and outhouses, if any, appertaining to such building or part of a building and ii any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof k prescribed means prescribed by rules made under this act 3 m unauthorised occupation means any occupation of the highway land, without permission under this act for such purpose, by a person who i is trespasser on the highway or ii for the time being is paying or is liable to pay to other person rent or any portion of the rent of the premises on a highway or iii lives in or otherwise uses any premises on a highway or iv is a rentfree tenant of any premises on a highway or v is a licensee of any premises on a highway for its possession or vi is liable to pay damages to the owner of any premises on a highway for the use or possession of such premises n vehicle means a barrow, sledge, plough, drag and any wheeled or tracked conveyance of any description capable of being used on a highway. 1.clause a omitted by act 33 of , s. 24 w.e.f. . 2.ins. by s. 24, ibid. w.e.f. . 3.clause l omitted by act 33 of , s. 24 w.e.f. .

section 5. of the control of national highways land and traffic act : show related subordinates omitted by the tribunals reforms act, 33 of , s. 24 w.e.f. .

section 10. of the control of national highways land and traffic act : salary and allowances and other terms and conditions of service of presiding officer. omitted by s. 167, ibid. w.e.f. .

section 4. of the control of national highways land and traffic act : a highway administration shall exercise powers and discharge functions throughout its jurisdiction specified under this act subject to such conditions or limitations as may be imposed by the notification issued under subsection 1 of section 3 and by any general or special order made in this behalf by the central government.

section 6. of the control of national highways land and traffic act : show related subordinates composition of tribunal. omitted by the finance act, 7 of , s. 167 w.e.f. .

section 9. of the control of national highways land and traffic act : staff of tribunal. omitted by s. 167, ibid. w.e.f. .

section 11. of the control of national highways land and traffic act : vacancies in tribuna. omitted by s. 167, ibid. w.e.f. .

section 12. of the control of national highways land and traffic act : resignation and removal. omitted by s. 167, ibid. w.e.f. .

section 13. of the control of national highways land and traffic act : financial and administrative powers of presiding officer. omitted by s. 167, ibid. w.e.f. .

section 14. of the control of national highways land and traffic act : show related subordinates 1an appeal from any order passed, or any action taken, excluding issuance or serving of notices, under sections 26, 27, 28, 36, 37 and 38 by the highway administration or an officer authorised on its behalf, as the case may be, shall lie to the court. 1. subs. by act 33 of , s. 24, for section 14 w.e.f. .

section 15. of the control of national highways land and traffic act : omitted by the tribunal reforms act, 33 of , s. 24 w.e.f. 44 .

section 16. of the control of national highways land and traffic act : omitted by s. 24, ibid., w.e.f. .

section 17. of the control of national highways land and traffic act : notwithstanding anything contained in any other provision of this act or in any other law for the time being in force, no interim order whether by way of injunction or stay or in any other manner shall be made on, or in any proceeding relating to, an application or appeal unless a copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred and b opportunity is given to such party to be heard in the matter: provided that the 1court may dispense with the requirements of clauses a and b and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the 1court has continued the operation of the interim order. 1 subs. by s. 24, ibid., for tribunal w.e.f. .

section 18. of the control of national highways land and traffic act : omitted by act the tribunals reforms act, 33 of , s. 24 w.e.f. .

section 21. of the control of national highways land and traffic act : the central government may, by notification in the official gazette, direct that any power exercisable by it except the powers conferred by section 50 under this act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by a state government or any other authority or an officer of the state government as may be specified in the notification.

section 20. of the control of national highways land and traffic act : 1 the highway administration may, if it thinks fit after the approval of the central government, by notification in the official gazette, appoint such a gazetted officer of the central government or b gazetted officer of the state government or c officer of the national highways authority of india constituted under section 3 of the national highways authority of india act, 68 of or any other authority constituted under any other enactment, equivalent to a gazetted officer of the central government or the state government, to exercise such powers and discharge such functions of the highway administration as may be specified in the notification. 2 the highway administration may specify in the notification under subsection 1, the limits of the highway within which or the length of the highway on which an officer appointed under that subsection shall exercise the powers and discharge the functions.

section 19. of the control of national highways land and traffic act : show related subordinates every appeal to the 1court under this act shall be preferred within a period of sixty days from the date on which the order appealed against has been made: provided that an appeal may be admitted after the expiry of the said period of sixty days, if the appellant satisfies the 1court that he had sufficient cause for not preferring the appeal within the specified period. 1. subs. by s. 24, ibid., for tribunal w.e.f. . rules yeardescriptionfiles nht procedure rules,

section 22. of the control of national highways land and traffic act : show related subordinates the central government may, at any time, by notification in the official gazette, transfer the jurisdiction of a highway administration defined under clause b of subsection 1 of section 3 to other highway administration, and on the transfer the highway administration shall cease to have and such other highway administration shall, subject to the conditions, if any, specified in the notification, have all the powers and authority exercisable by the highway administration before such transfer of jurisdiction.

section 23. of the control of national highways land and traffic act : show related subordinates 1 all lands forming parts of a highway which vest in the central government or which do not already vest in the central government but have been acquired for the purpose of highway shall, for the purposes of this act, and other central acts, be deemed to be the property of the central government as owner thereof. 2 the highway administration shall cause to be maintained a record in the prescribed manner in which the particulars of the lands, relating to the highway, of which the central government is the owner shall be entered and the entries of the particulars of such lands in any record maintained for such purpose before the commencement of this act shall be deemed to be the entry of the particulars of such lands made in the first said record and accordingly the central government shall be deemed to be the owner of the lands regarding which the entries have been made in such records maintained before the commencement of this act. 3 any person claiming against the ownership of the central government referred to in subsection 2 shall make written complaint to the highway administration and prove his claim before it and the highway administration, after considering the evidence produced by such person, may correct such records or reject the claim.

section 24. of the control of national highways land and traffic act : show related subordinates 1 no person shall occupy any highway land or discharge any material through drain on such land without obtaining prior permission, for such purpose in writing, of the highway administration or any officer authorised by such administration in this behalf. 2 the highway administration or the officer authorised under subsection 1 may, on an application made by a person in this behalf and having regard to the safety and convenience of traffic, grant permission to such person i to place a movable structure on the highway in front of any building owned by him or to make a movable structure on support of such building and over the highway, or ii to put up a temporary lawning or tent or other similar construction or a temporary stall or scaffolding on the highway, or iii to deposit or cause to be deposited, building materials, goods, for sale or other articles on any highway, or iv to make a temporary excavation for carrying out any repairs or improvements to adjoining buildings, and such permission shall be granted subject to the conditions and on payment of the rent and other charges by issuing permit in the form as may be prescribed: provided that no such permission shall be valid beyond a period of one month at a time from the date on which the permission has been granted unless it is renewed by the highway administration or such officer on an application made by such person for the renewal of the permission. 3 the permission granted under subsection 2 shall specify therein i the time up to which the permission is granted ii the purpose of such permission iii the portion of the highway in respect of which the permission has been granted, and shall be accompanied with a plan or sketch of such portion of highway. 4 the person, to whom the permit has been issued under subsection 2, shall produce the permit for inspection whenever called upon to do so by any officer of the highway administration and shall, on the expiry of the permission granted under such permit, restore the portion of the highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the highway administration. 5 the highway administration or the officer issuing the permit under subsection 2 shall maintain a complete record of all such permits issued, and shall also ensure in every case at the expiration of the period up to which the permission under a permit is granted under that subsection that the possession of the portion of the highway in respect of which such permission was granted has been delivered to the highway administration.

section 30. of the control of national highways land and traffic act : 1 notwithstanding any permission given under subsection 1 or subsection 2 of section 29, the highway administration shall have the power in the interest of the safety and convenience of the traffic to refuse, regulate or divert any proposed or existing access to the highway. 2 where an existing access is diverted, the alternative access given in lieu thereof shall not be unreasonably distant from the existing access.

section 25. of the control of national highways land and traffic act : the highway administration or the officer authorised by such administration in this behalf may, having regard to the safety and convenience of traffic and subject to such conditions as may be prescribed and on payment of prescribed rent or other charges, grant lease or licence of highway land to a person for temporary use: provided that no such lease shall be valid for more than five years at a time from the date on which such lease has been granted unless renewed by the highway administration or such officer.

section 31. of the control of national highways land and traffic act : 1 notwithstanding anything contained in this act, the highway administration shall have the power to regulate and control the plying of vehicles on the highway for the proper management thereof. 2 if at any time the highway administration is satisfied on the information received by it or otherwise that any highway within its jurisdiction or any part thereof is or has become congested or unsafe for vehicular or pedestrian traffic by reason of damage or otherwise, it may, either close the highway or such part thereof to all traffic or to any class of traffic, or regulate the number and speed of vehicles to be used on the highway or such part thereof, as the case may be, in the manner as it may deem fit.

section 26. of the control of national highways land and traffic act : show related subordinates 1 where the highway administration or the officer authorised by such administration in this behalf is of the opinion that it is necessary in the interest of traffic safety or convenience to cancel any permit issued under subsection 2 of section 24, it may, after recording the reasons in writing for doing so, cancel such permit and, thereupon, the person to whom the permission was granted shall, within the period specified by an order made by the highway administration or such officer restore the portion of the highway specified in the permit in such condition as it was immediately before the issuing of such permit and deliver the possession of such portion to the highway administration and in case such person fails to deliver such possession within such period, he shall be deemed to be in unauthorised occupation of highway land for the purposes of this section and section 27. 2 when, as a result of the periodical inspection of highway land or otherwise, the highway administration or the officer authorised by such administration in this behalf is satisfied that any unauthorised occupation has taken place on highway land, the highway administration or the officer so authorised shall serve a notice in a prescribed form on the person causing or responsible for such unauthorised occupation requiring him to remove such unauthorised occupation and to restore such highway land in its original condition as before the unauthorised occupation within the period specified in the notice. 3 the notice under subsection 2 shall specify therein the highway land in respect of which such notice is issued, the period within which the unauthorised occupation on such land is required to be removed, the place and time of hearing any representation, if any, which the person to whom the notice is addressed may make within the time specified in the notice and that failure to comply with such notice shall render the person specified in the notice liable to penalty, and summary eviction from the highway land in respect of which such notice is issued, under subsection 6. 4 the service of the notice under subsection 2 shall be made by delivering a copy thereof to the person to whom such notice is addressed or to his agent or other person on his behalf or by registered post addressed to the person to whom such notice is addressed and an acknowledgment purporting to be signed by such person or his agent or other person on his behalf or an endorsement by a postal employee that such person or his agent or such other person on his behalf has refused to take delivery may be deemed to be prima facie proof of service. 5 where the service of the notice is not made in the manner provided under subsection 4, the contents of the notice shall be advertised in a local newspaper for the knowledge of the person to whom the notice is addressed and such advertisement shall be deemed to be the service of such notice on such person. 6 where the service of notice under subsection 2 has been made under subsection 4 or subsection 5 and the unauthorised occupation on the highway land in respect of which such notice is served has not been removed within the time specified in the notice for such purpose and no reasonable cause has been shown before the highway administration or the officer authorised by such administration in this behalf for not so removing unauthorised occupation, the highway administration or such officer as the case may be, shall cause such unauthorised occupation to be removed at the expenses of the central government or the state government, as the case may be, and impose penalty on the person to whom the notice is addressed which shall be five hundred rupees per square metre of the land so unauthorisedly occupied and where the penalty so imposed is less than the cost of such land, the penalty may be extended equal to such cost. 7 notwithstanding anything contained in this section, the highway administration or the officer authorised by such administration in this behalf shall have power without issuing any notice under this section to remove the unauthorised occupation on the highway land, if such unauthorised occupation is in the nature of a exposing any goods or article i in open air or ii through temporary stall, kiosk, booth or any other shop of temporary nature, b construction or erection, whether temporary or permanent, or c trespass or other unauthorised occupation which can be removed easily without use of any machine or other device, and in removing such occupation, the highway administration or such officer may take assistance of the police, if necessary, to remove such occupation by use of the reasonable force necessary for such removal. 8 notwithstanding anything contained in this section, if the highway administration or the officer authorised by such administration in this behalf is of the opinion that any unauthorised occupation on the highway land is of such a nature that the immediate removal of which is necessary in the interest of a the safety of traffic on the highway or b the safety of any structure forming part of the highway, and no notice can be served on the person responsible for such unauthorised occupation under this section without undue delay owing to his absence or for any other reason, the highway administration or the officer authorised by such administration may make such construction including alteration of any construction as may be feasible at the prescribed cost necessary for the safety referred to in clause a or clause b or have such unauthorised occupation removed in the manner specified in subsection 7. 9 the highway administration or an officer authorised by such administration in this behalf shall, for the purposes of this section or section 27, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c issuing commissions for the examination of witnesses and d any other matter which may be prescribed, and any proceeding before such administration or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of and the administration or the officer shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 27. of the control of national highways land and traffic act : show related subordinates 1 where a highway administration or the officer authorised by such administration in this behalf has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repaired any damage under subsection 2 of section 36, the expenditure incurred in such removal or repair together with fifteen per cent. of additional charges or any fine imposed under this act shall be recoverable in the manner hereinafter provided in this section. 2 the highway administration or the officer authorised in this behalf by such administration shall serve a copy of the bill in the prescribed form indicating therein the expenditure, additional charges or fine recoverable under subsection 1 on the person from whom such expenditure, additional charges or fine is recoverable and the provisions of section 26 relating to the service of notice shall apply for the service of copy of the bill under this subsection as if for the word notice the word bill has been substituted in that section. 3 a copy of the bill referred to in subsection 2 shall be accompanied with a certificate issued by the highway administration or the officer authorised by such administration in this behalf and the amount indicated in the bill shall be the conclusive proof that such amount is the expenditure actually incurred for all or any of the purposes referred to in subsection 1 as indicated in the bill. 4 where a highway administration or the officer authorised in this behalf by such administration has removed any unauthorised occupation or made any construction including alteration of construction in respect of any unauthorised occupation or repaired any damage under subsection 2 of section 36, the material, if any, recovered as a result of such removal, construction, alteration or repair shall be retained in possession of the highway administration or such officer till the payment of the bill in respect thereof served under subsection 2 and on payment of such bill such material shall be returned to the person entitled for the material, but in case of the failure of such payment within the time specified for the payment in the bill, the material may be sold by auction by the highway administration or such officer and after deduction of the amount payable under the bill from the proceeds of the auction, the balance, if any, shall be returned to the person entitled therefor. 5 in case where the proceeds of the auction under subsection 4 is less than the amount recoverable under the bill referred to in that subsection, the difference between such proceeds and the amount so recoverable or where no such auction has been made, the amount recoverable under the bill shall, in case of failure of the payment within the time specified in the bill, be recoverable as the arrears of land revenue.

section 28. of the control of national highways land and traffic act : show related subordinates 1 no person shall have right of access to a highway either through any vehicle or on foot by a group of five or more persons except permitted by the highway administration either generally or specifically in the manner specified in section 29. 2 the access to a highway under subsection 1 shall be subject to the guidelines and instructions issued by the central government from time to time. 3 the highway administration may, by notification in the official gazette, declare a highway or any portion thereof to be limited for access in the manner as specified in such notification and may also impose any restriction or control on such access to, from or across such highway as specified in that notification. rules yeardescriptionfiles highways administrations rules,

section 29. of the control of national highways land and traffic act : show related subordinates 1 the general permission under subsection 1 of section 28 shall be given by issuing notification in the official gazette for such purpose and specific permission under that subsection shall be given in the manner specified hereinafter under this section. 2 any person desirous of obtaining specific permission referred to in subsection 1 may make an application in the prescribed form to the highway administration specifying therein the means of access to which such permission relates and shall also be accompanied with such fees as may be prescribed and the highway administration shall, after considering the application either give the permission with or without the terms and conditions as may be prescribed or reject the application as it may deem fit. 3 in case, where the permission has been given in respect of the application made under subsection 2, the person to whom such permission has been given shall obtain the licence from the highway administration in the prescribed form enumerating therein the terms and conditions, if any, subject to which such permission has been given, and such permission shall be renewed after such period and in such manner as may be prescribed. 4 if any person contravenes the provisions of subsection 1 of section 28 or violates any terms and conditions subject to which permission has been given under subsection 2 including nonrenewal of licence obtained under subsection 3, his access to highway under the permission under subsection 1 or subsection 3, as the case may be, shall be deemed to be unauthorised access and the highway administration or the officer authorised by such administration shall have the power to remove such access and where necessary, the highway administration or such officer may use the necessary force with the assistance of the police to remove such access.

section 32. of the control of national highways land and traffic act : show related subordinates where the highway administration is satisfied that the surface of a highway or any part thereof, or any bridge, culvert or causeway built on or across the highway is not designed to carry vehicles of which the laden weight exceeds a prescribed limit, it may, subject to such rules as may be made in this behalf, prohibit or restrict the plying of such vehicles on or over such highway or part thereof or such bridge, culvert or causeway, as the case may be.

section 33. of the control of national highways land and traffic act : where, in exercise of the powers under section 31 or section 32, the highway administration considers it proper for the purposes of that section to temporarily close a highway or part thereof or to restrict or regulate traffic on such highway or part thereof, it may do so in the manner as it may deem fit.

section 39. of the control of national highways land and traffic act : 1 if any person, who has been evicted from any unauthorised occupation on a highway land under this act, again occupies any highway land without permission for such occupation under this act, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than one thousand rupees per square metre of so occupied highway land but which shall not exceed two times the cost of such highway land, or with both. 2 any court, convicting a person under subsection 1, may make an order for evicting that person from such occupied highway land summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him. 3 notwithstanding anything contained in the code of criminal procedure, 2 of , the offence punishable under subsection 1 shall be cognizable.

section 34. of the control of national highways land and traffic act : 1 where, in exercise of the powers under section 31, the highway administration deems it necessary in the interest of the safety of the highway to close a highway or part thereof, it may, by notification in the official gazette, give notice of its intention to the public to do so specifying therein the time within which the objections and suggestions received shall be considered under subsection 3 and in addition to such notice, it shall also notify the contents of such notice in at least two newspapers, one of which shall be in the local language of the area through which such highway passes and another shall be the newspaper being circulated in such area. 2 the notice under subsection 1 shall indicate the alternative route proposed to be provided in lieu of the highway or part thereof intended to be closed specifying therein as to whether such alternative route shall be an already existing highway or shall be newly constructed and shall also invite objections and suggestions from the persons affected on such proposal within the time and to be addressed to the officer as specified in such notice. 3 the highway administration shall, after considering the objections and suggestions, if any, received within the time specified in such notice, take decision on the proposal for closure under the notice and shall act in accordance with such decision.

section 40. of the control of national highways land and traffic act : omitted by act the tribunals reforms act 33 of , s. 24 w.e.f. .

section 35. of the control of national highways land and traffic act : show related subordinates if the highway administration is satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge so to do, it may, by notification in the official gazette, prohibit or restrict, subject to such exceptions or conditions as may be specified in the notification, the use of any highway or part thereof by a class or classes of traffic either generally or on specified occasion or time as specified in the notification and when such prohibition or restriction is imposed, the highway administration shall cause such traffic signs to be placed or erected at suitable places for the convenience of the traffic as may be prescribed: provided that where any prohibition or restriction under this section is to be remained for a period of one month or less, such prohibition or restriction may be imposed without issuing notification in the official gazette: provided further that the prohibition or restriction imposed under the first proviso shall be published widely for the knowledge of the users by other possible means.

section 36. of the control of national highways land and traffic act : 1 no person who is in charge of, or in possession of, any vehicle or animal shall, wilfully or negligently, cause, or allow such vehicle or animal to cause, any damage to any highway. 2 where, in contravention of subsection 1, any damage has been caused to any highway, the highway administration shall have such damage repaired at its own expenses and such expenses together with fifteen per cent. thereof as additional charges shall, without prejudice to any other action which may be taken against the person who has so contravened subsection 1, be recovered from him in accordance with the provisions contained in section 27 as if such expenses and additional charges were the expenses and additional charges recoverable under that section.

section 37. of the control of national highways land and traffic act : show related subordinates 1 no person in charge of, or in possession of, any vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway unless the same is under such safety control as may be prescribed. 2 where, in contravention of subsection 1, any obstruction on the highway is caused, the vehicle or animal causing such obstruction shall be caused to be towed away by the highway administration to remove such obstruction on the highway and the vehicle or animal so towed away shall be taken into possession by the highway administration and shall be handed over to the owner thereof in the manner, by payment to the highway administration, the expenses incurred in such removal, as may be prescribed. 3 in case where the expenses in respect of the vehicle or animal taken into possession under subsection 2 have not been paid in the manner prescribed under that subsection, the highway administration shall sell such vehicle or animal by auction and the proceeds of the auction shall be the property of the central government. 4 any person who has unauthorised occupation on a highway land shall be summarily evicted by the highway administration in the manner specified in section 26 for removal of unauthorised occupation and shall be liable to fine imposed by the highway administration which shall not be less than five hundred rupees per square metre of the unauthorisedly occupied land by him but which may be extended to the cost of such land. rules yeardescriptionfiles highways administrations rules,

section 38. of the control of national highways land and traffic act : show related subordinates 1 notwithstanding anything contained in any other law for the time being in force, no person other than a highway administration or a person authorised by such administration in this behalf shall construct, install, shift, repair, alter or carry any poles, pillars, advertisement towers, transformers, cable wire, pipe, drain, sewer, canal, railway line, tramway, telephone boxes, repeater station, street, path or passage of any kind on highway land or across, under or over any highway except with the prior permission in writing of the highway administration for such purpose. 2 any person who intends to obtain the permission under subsection 1 shall make an application in the prescribed form to the highway administration containing therein the purpose and period of occupancy of highway, location and part of the highway to be occupied, method of execution of work, period of construction and method of restoration of such part of the highway. 3 the highway administration shall consider the application made under subsection 1 and if it is satisfied that there is no alternative other than the highway in respect of which the permission is sought under the application where the land can be found to locate the public utility, it may give permission in writing as sought in the application: provided that while giving such permission, the highway administration may impose such conditions as it may deem fit to protect i the highway from damage and ii the traffic on the highway from obstruction, and may also impose such fees and other charges as may be prescribed on the person to whom such permission is given in respect of any land forming part of the highway, occupied or applied to the proposed work or construction under permission and also impose on such person the expenditure, if any, incurred by the highway administration for repairing any damage caused to the highway by laying or shifting of any structure, article or equipment under the permission. 4 if any person, in contravention of subsection 1, makes any construction or carries out any other work, the highway administration may, at its own expenses, cause such construction or other work to be removed from the highway and restore the highway in the condition as it was immediately before giving permission for such construction or other work under subsection 3 and such expenses together with fifteen per cent. thereof as additional charges and fine imposed by the highway administration taking into account the nature of the damages caused by such construction or other work, which shall not be less than five hundred rupees per square metre of land used for such construction or other work, but shall not exceed the cost of such land, shall be recovered from such person in accordance with the provisions contained in section 27 as if such expenses, additional charges and fine were the expenses, additional charges and fine recoverable under that section.

section 41. of the control of national highways land and traffic act : save as otherwise expressly provided in this act, every order made or any action taken by the highway administration or the officer authorised in this behalf by such administration 1 shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act to the highway administration 2. 1. the words or every order passed or decision made on appeal under this act by the tribunal omitted by act 33 of , s. 24 w.e.f. . 2. the words or tribunal omitted by s. 24, ibid.w.e.f. .

section 42. of the control of national highways land and traffic act : wherever any village headman, village accountant, village watchman or other village official, by whatever name called, becomes aware of any offence involving unauthorised occupation, damage or destruction of the highway land, he shall forthwith inform the nearest police station or the nearest highway administration or any officer authorised in this behalf by such administration, the commission of such offence and shall also be duty bound to assist the highway administration and its officers in prosecuting the offender of the offence.

section 43. of the control of national highways land and traffic act : show related subordinates the highway administration or the officer authorised in this behalf by such administration shall, if he desires to make any inquiry for the purposes of this act, make a summary inquiry in such manner as may be prescribed.

section 44., to be public servants. of the control of national highways land and traffic act : 1 44. officers of highways administration to be public servant.the officer or officers constituting the highways administration and any other officer authorised by such administration under this act, shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 7 of , s. 167, for section 44 w.e.f. .

section 45. of the control of national highways land and traffic act : no suit, prosecution or other legal proceedings shall lie against the central government or 1 any other officer of the central government or the officer or officers constituting the highway administration or any other officer authorised by such administration under this act or any other person, for anything which is in good faith done or intended to be done under this act or the rules made thereunder. 1. subs by, s.167, ibid for certain words w.e.f. .

section 50. of the control of national highways land and traffic act : show related subordinates 1 the central government may, after previous publication, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of exercising powers and discharge functions under subsection 3 of section 3 1 2 g the manner for maintaining the records of the highway administration in which the lands are shown and the manner of proving claim for correction of such records under subsection 2 of section 23 h the conditions subject to which, the rent and other charges on payment of which and the form in which permit may be issued for grant of permission under subsection 2 of section 24 i the conditions, payment of rent and other charges for grant of lease or licence of highway land under section 25 j the form of notice under subsection 2 of section 26 k the feasible cost for making construction including alteration of any construction under subsection 8 of section 26 l the additional matter in respect of which the highway administration or an officer authorised by such administration in this behalf may exercise the powers of a civil court under clause d of subsection 9 of section 26 m the form of the bill under subsection 2 of section 27 n the form of application, the fees to be accompanied therewith and the terms and conditions for permission under subsection 2 of section 29 o the form of licence, the period and the manner of renewal of such licence under subsection 3 of section 29 p the limit of laden weight and the provisions subject to which the plying of vehicles may be prohibited or restricted under section 32 q the traffic signs to be placed or erected under section 35 r the safety and control for allowing any vehicle or animal to stand or proceed on a highway under subsection 1 of section 37 s the manner of handing over the vehicle or animal to the owner and payment of expenses incurred in the removal of such vehicle or animal under subsection 2 of section 37 t the form of application under subsection 2 of section 38 u the fees and other charges to be imposed under subsection 3 of section 38 v the manner of summary inquiry under section 43 w the manner of service or presentation of notice or bill under section 47 and x any other matter which is required to be, or may be, prescribed. 3 every rule made or every notification issued by the central government under this act shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. clauses b, c, d and e, omitted by act 7 of , s.167 w.e.f. . 2.clause f omitted by act 33 of , s. 24 w.e.f. .

section 46. of the control of national highways land and traffic act : 1 where an offence punishable under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence punishable under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 47. of the control of national highways land and traffic act : show related subordinates save as otherwise provided in this act, every notice or bill issued or prepared under this act may be served or presented in such manner as may be prescribed.

section 48. of the control of national highways land and traffic act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 49. of the control of national highways land and traffic act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 6a. of the telegraph wires unlawful possession act : 16a. powers of search and seizure.1 a police officer not below the rank of a subinspector may seize, or search any place and seize, i any telegraph wire ii any conveyance or animal used for the transport of such telegraph wire, if a reasonable suspicion exists that any provision of this act has been, or is being, or is about to be, contravened in respect of such telegraph wire. 2 the provisions of the code of criminal procedure, 2 of , relating to searches and seizure shall, so far as may be, apply to searches and seizures made under this section. 1. ins. by 44 of , s. 4 w.e.f. .

section 1. of the telegraph wires unlawful possession act : 1 this act may be called the telegraph wires unlawful possession act, . 2 it extends to the whole of india. 3 it shall come into force in any state on such date1 as the central government may, by notification in the official gazette, appoint for such state, and different dates may be appointed for different states. 1. came into force in the whole of india except the state of jammu and kashmir on 1st april, , vide s.r.o. 364, dated the 9th march, , see gazette of india part ii, s. 3, in the state of jammu and kashmir on 15th july, , vide s.r.o., , dated the 1st july, , see gazette of india, part ii, s. 3, in dadra and nagar haveli on 1st september, , vide s.o. , dated the 7th august, , see gazette of india, part ii, s. 3ii. this act has been extended to the union territory of goa, daman and diu, vide s.o. , dated 1st september, , see gazette of india part ii, s. 3ii w.e.f. dadra and nagar haveli by reg. 6 of , s. 2 and the schedule i w.e.f. and the union territory of pondicherry by act 26 of , s. 3 and schedule. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6. of the telegraph wires unlawful possession act : any person who fails to make a declaration as required by section 3 or 1contravenes the provisions of section 4 or section 4a shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 1. subs. by act 53 of , s. 5, for fails to comply with the provisions of section 4 w.e.f. .

section 2. of the telegraph wires unlawful possession act : in this act, a prescribed means prescribed by rules made under this act 1b telegraph wire means any copper wire the diameter of which in millimetres, is i not less than 2.43 and not more than 2.53 or ii not less than 2.77 and not more than 2.87 or iii not less than 3.42 and not more than 3.52. 1. subs. by act 44 of , s. 2, for clause b w.e.f. .

section 6b. of the telegraph wires unlawful possession act : 16b. confiscation of telegraph wires, conveyances, etc.where any person has been convicted for the contravention of any of the provisions of this act, the telegraph wires in relation to which the contravention has been made, and any conveyance or animal used for the transport of such telegraph wires, shall be liable to confiscation by the court unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use: provided that where any such conveyance or animal is used for the transport of goods or passengers for hire, the owner of the conveyance or animal shall be given an option to pay in lieu of the confiscation of the conveyance or animal, a fine not exceeding the market price of the conveyance or animal on the date of seizure thereof or the value of the telegraph wires in relation to which the contravention has been made, whichever is less: provided further that any telegraph wires, so seized and confiscated shall be handed over by the court to such authority as may be specified by the central government. 1. ins. by 44 of , s. 4 w.e.f. .

section 3. of the telegraph wires unlawful possession act : every person in possession of telegraph wires shall, within six months from the commencement of this act, make a declaration in writing, in such form and to such authority as may be prescribed, stating the quantity of telegraph wires in his possession.

section 4. of the telegraph wires unlawful possession act : every person in possession of telegraph wires which exceed ten pounds in weight shall, within one year from the commencement of this act, have the whole of the quantity as is in excess of ten pounds converted into ingots: provided that it shall be open to any such person to sell the whole or any part of the telegraph wires in his possession at such price and to such authority as may be prescribed.

section 4a. of the telegraph wires unlawful possession act : 14a. prohibition of sale or purchase of telegraph wires.no person shall, after the commencement of the telegraphs wires unlawful possession amendment act, 53 of , sell or purchase any quantity of telegraph wires except with the permission of such authority as may be prescribed. 1. ins. by act 53 of , s. 3 w.e.f. .

section 7. of the telegraph wires unlawful possession act : 11 no court shall take cognizance of any offence punishable under this act, except on a report in writing of the facts constituting such offence made by a person who is a public servant within the meaning of section 21 of the indian penal code 45 of . 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. .

section 8. of the telegraph wires unlawful possession act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which, and the authorities to which, declarations under section 3 may be made b the authorities to which, and the prices at which, telegraph wires may be sold under section 4. 13 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 2or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 15 of , s. 3 w.e.f. . 2. subs. by act 44 of , s. 6, for or in two suecessive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following w.e.f. .

section 5. of the telegraph wires unlawful possession act : 15. penalty for unlawful possession of telegraph wires.whoever is found or is proved to have been in possession of any quantity of telegraph wires shall unless he proves that the telegraph wires came into his possession lawfully, be punishable, 2a for the first offence, with imprisonment for a term which may extend to five years, or with fine, or with both, and, in the absence of special and adequate reasons to be recorded in the judgment of the court, the term of such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees b for the second or a subsequent offence, with imprisonment for a term which may extend to five years and also with fine and in the absence of special and adequate reasons 3to be recorded in the judgment of the court, the term of such imprisonment shall not be less than two years and such fine shall not be less than two thousand rupees: provided that where a person has made a declaration under section 3 in relation to any quantity of telegraph wires, the burden of proving, in respect of the quantity so declared that it came into his possession lawfully, shall not be on such person. 1. subs. by act 15 of , s. 2, for section 5 w.e.f. . 2. subs. by act 44 of , s. 3, for clause a w.e.f. . 3. subs. act 44 of , s. 3, for to be mentioned in the judgment of the court, such imprisonment w.e.f. .

section 8. of the industries development and regulation act : 1 the central government may, if it is satisfied that a development council should cease to continue in being, by notified order, dissolve that development council. 2 on the dissolution of a development council under subsection 1, the assets of the development council, after its liabilities, if any, are met therefrom, shall vest in the central government for the purposes of this act.

section 1. of the industries development and regulation act : show related subordinates 1 this act may be called the industries development and regulation act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 w.e.f. . 2. 8th may, , vide notification no. s.r.o. 811 e, dated 8th may, , see gazette of india, extraordinary, part ii, sec. 3i. 15th february, , vide notification no. s.r.o. 458/idra/1/1/62 e, in respect of the state of jammu and kashmir, dated 7th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the industries development and regulation act : in this act, unless the context otherwise requires, a advisory council means the central advisory council established under section 5 1aa ancillary industrial undertaking means an industrial undertaking which, in accordance with the proviso to subsection 1 of section 11b and the requirements specified under that subsection, is entitled to be regarded as an ancillary industrial undertaking for the purposes of this act 2 3ab current assets means bank balances and cash and includes such other assets or reserves as are expected to be realised in cash or sold or consumed within a period of not more than twelve months in the ordinary course of business, such as, stockintrade, amounts due from sundry debtorsfor sale of goods and for services rendered, advance tax payments and bills receivable, butdoes not include sums credited to a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees, maintained by a company owning an industrial undertaking 3accurrent liabilities means liabilities which must be met on demand or within a period of twelve months from the date they are incurred and includes any current liability which is suspended under section 18fb b development council means a development council established under section 6 4bb existing industrial undertaking means a in the case of an industrial undertaking pertaining to any of the industries specified in the first schedule as originally enacted, an industrial undertaking which was in existence on the commencement of this act or for the establishment of which effective steps had been taken before such commencement, and b in the case of an industrial undertaking pertaining to any of the industries added to the first schedule by an amendment thereof, an industrial undertaking which is in existence on the coming into force of such amendment or for the establishment of which effective steps had been taken before the coming into force of such amendment c factory means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on i with the aid of power, provided that fifty or more workers are working or were working thereon on any day of the preceding twelve months or ii without the aid of power, provided that one hundred or more workers are working or were working thereon on any day of the preceding twelve months and provided further that in no part of such premises any manufacturing process is being carried on with the aid of power 5cc high court means the high court having jurisdiction in relation to the place at which the registered office of a company is situate d industrial undertaking means any undertaking pertaining to a scheduled industry carried on in one or more factories by any person or authority including government 6dd new article, in relation to an industrial undertaking which is registered or in respect of which a licence or permission has been issued under this act, means a any article which falls under an item in the first schedule other than the item under which articles ordinarily manufactured or produced in the industrial undertaking at the date of registration or issue of the licence or permission, as the case may be, fall b any article which bears a mark as defined in the trade marks act, 5 of , or which is the subject of a patent, if at the date of registration or issue of the licence or permission, as the case may be, the industrial undertaking was not manufacturing or producing such article bearing that mark or which is the subject of that patent e notified order means an order notified in the official gazette f owner in relation to an industrial undertaking means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking g prescribed means prescribed by rules made under this act h schedule means a schedule to this act i scheduled industry means any of the industries specified in the first schedule 7j small scale industrial undertaking means an industrial undertaking which, in accordance with the requirements specified under subsection 1 of section 11b, is entitled to be regarded as a small scale industrial undertaking for the purposes of this act 5 8k words and expressions used herein but not defined in this act and defined in the companies act, 1 of , have the meanings respectively assigned to them in that act. 1. ins. by act 4 of , s. 2 w.e.f. . 2 ins. by act 72 of , s. 2 w.e.f. . 3 clauses aa and ab relettered as clause ab and ac thereof by act 4 of , s. 2 w.e.f. . 4 ins. by act 26 of , s. 2 w.e.f. . 5 ins. by act 72 of , s. 2 w.e.f. . 6 ins. by act 26 of , s. 2 w.e.f. . 7 ins. by act 4 of , s. 2 w.e.f. . 8 clause j relettered as clause k thereof by s. 2, ibid. w.e.f. .

section 7. of the industries development and regulation act : 1 a development council shall prepare and transmit to the central government and the advisory council, annually, a report setting out what has been done in the discharge of its functions during the financial year last completed. 2 the report shall include a statement of the accounts of the development council for that year, and shall be transmitted as soon as accounts therefor have been audited, together with a copy of any report made by the auditors on the accounts. 3 the statement of account shall be in such form as may be prescribed, being a form which shall conform to the best commercial standards, and the statement shall show the total of remuneration and allowances paid during the year to members and officers of the council. 4 a copy of each such report of a development council, or made by the auditors on its accounts, shall be laid before parliament by the central government.

section 2. of the industries development and regulation act : it is hereby declared that it is expedient in the public interest that the union should take under its control the industries specified in the first schedule.

section 9. of the industries development and regulation act : 1 there may be levied and collected as a cess for the purposes of this act on all goods manufactured or produced in any such scheduled industry as may be specified in this behalf by the central government by notified order a duty of excise at such rate as may be specified in the notified order, and different rates may be specified for different goods or different classes of goods: provided that no such rate shall in any case exceed two annas per cent. of the value of the goods. explanation.in this subsection, the expression value in relation to any goods shall be deemed to be the wholesale cash price for which such goods of the like kind and quality are sold or are capable of being sold for delivery at the place of manufacture and at the time of their removal therefrom, without any abatement or deduction whatever except trade discount and the amount of duty then payable. 2 the cess shall be payable at such intervals, within such time and in such manner as may be prescribed, and any rules made in this behalf may provide for the grant of a rebate for prompt payment of the cess. 3 the said cess may be recovered in the same manner as an arrear of land revenue. 4 the central government may hand over the proceeds of the cess collected under this section in respect of the goods manufactured or produced by any scheduled industry or group of scheduled industries to the development council established for that industry or group of industries, and where it does so, the development council shall utilise the said proceeds a to promote scientific and industrial research with reference to the scheduled industry or group of scheduled industries in respect of which the development council is established b to promote improvements in design and quality with reference to the products of such industry or group of industries c to provide for the training of technicians and labour in such industry or group of industries d to meet such expenses in the exercise of its functions and its administrative expenses as may be prescribed.

section 4.. of the industries development and regulation act : saving.omitted by the industries development and regulation amendment act, 26 of , s. 3 w.e.f. .

section 5. of the industries development and regulation act : 1 for the purpose of advising it on matters concerning the development and regulation of scheduled industries, the central government may, by notified order, establish a council to be called the central advisory council. 2 the advisory council shall consist of a chairman and such other members, not exceeding thirty in number, all of whom shall be appointed by the central government from among persons who are in its opinion capable of representing the interests of a owners of industrial undertakings in scheduled industries b persons employed in industrial undertakings in scheduled industries c consumers of goods manufactured or produced by scheduled industries d such other class of persons including primary producers, as in the opinion of the central government, ought to be represented on the advisory council. 3 the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among, members of the advisory council, shall be such as may be prescribed. 4 the central government shall consult the advisory council in regard to a the making of any rules, other than the first rules to be made under subsection 3 1 and may consult the advisory council in regard to any other matter connected with the administration of this act in respect of which the central government may consider it necessary to obtain the advice of the advisory council. 1. omitted by act 26 of , s. 4 w.e.f. .

section 6. of the industries development and regulation act : 1 the central government may, by notified order establish for any scheduled industry or group of scheduled industries, a body of persons to be called a development council which shall consist of members who in the opinion of the central government are a persons capable of representing the interests of owners of industrial undertakings in the scheduled industry or group of scheduled industries b persons having special knowledge of matters relating to the technical or other aspects of the scheduled industry or group of scheduled industries c persons capable of representing the interests of persons employed in industrial undertakings in the scheduled industry or group of scheduled industries d persons not belonging to any of the aforesaid categories, who are capable of representing the interests of consumers of goods manufactured or produced by the scheduled industry or group of scheduled industries. 2 the number and the term of office of, and the procedure to be followed in the discharge of their functions by, and the manner of filling casual vacancies among members of a development council shall be such as may be prescribed. 3 every development council shall be, by virtue of this act, a body corporate by such name as may be specified in the notified order establishing it and may hold and transfer property and shall by the said name sue and be sued. 4 a development council shall perform such functions of a kind specified in the second schedule as may be assigned to it by the central government and for whose exercise by the development council it appears to the central government expedient to provide in order to increase the efficiency or productivity in the scheduled industry or group of scheduled industries for which the development council is established, to improve or develop the service that such industry or group of industries renders or could render to the community, or to enable such industry or group of industries to render such service more economically. 5 a development council shall also perform such other functions as it may be required to perform by or under any other provision of this act.

section 12. of the industries development and regulation act : 1 if the central government is satisfied, either on a reference made to it in this behalf or otherwise, that any person or authority, to whom or to which, a licence has been issued under section 11, has, without reasonable cause, failed to establish or to take effective steps to establish the new industrial undertaking in respect of which the licence has been issued within the time specified therefor or within such extended time as the central government may think fit to grant in any case, it may revoke the licence. 2 subject to any rules that may be made in this behalf, the central government may also vary or amend any licence issued under section 11: provided that no such power shall be exercised after effective steps have been taken to establish the new industrial undertaking in accordance with the licence issued in this behalf. 13 the provisions of this section shall apply in relation to a licence issued under section 11a or where a licence has been amended under that section, to the amendment thereof, as they apply in relation to a licence issued under section 11. 1. ins. by act 26 of , s. 8 w.e.f. .

section 14. of the industries development and regulation act : before granting any licence or permission under 1section 11, section 11a 2section 13 or section 29b, the central government may require such officer or authority as it may appoint for the purpose, to make a full and complete investigation in respect of applications received in this behalf and report to it the result of such investigation and in making any such investigation, the officer or authority shall follow such procedure as may be prescribed. 1. subs. by act 26 of , s. 10, for section 11 or section 13 w.e.f. . 2. subs. by act 71 of , s. 3, for or section 13 w.e.f. .

section 10a. of the industries development and regulation act : 110a. revocation of registration in certain cases.if the central government is satisfied that the registration of any industrial undertaking has been obtained by misrepresentation as to an essential fact or that any industrial undertaking has ceased to be registrable under this act by reason of any exemption granted under this act becoming applicable thereto or that for any other reason the registration has become useless or ineffective and therefore requires to be revoked, the central government may after giving an opportunity to the owner of the undertaking to be heard revoke the registration. 1. ins. by act 26 of , s. 6 w.e.f. .

section 10. of the industries development and regulation act : show related subordinates 11 the owner of every existing industrial undertaking, not being the central government, shall, within such period as the central government may, by notification in the official gazette, fix in this behalf with respect to industrial undertakings generally or with respect to any class of them, register the undertaking in the prescribed manner. 2 the central government shall also cause to be registered in the same manner every existing industrial undertaking of which it is the owner. 23 where an industrial undertaking is registered under this section, there shall be issued to the owner of the undertaking or the central government, as the case may be, a certificate of registration 3containing the productive capacity of the industrial undertaking and such other particulars as may be prescribed. 44 the owner of every industrial undertaking to whom a certificate of registration has been issued under this section before the commencement of the industries development and regulation amendment act, 67 of , shall, if the undertaking falls within such class of undertakings as the central government may, by notification in the official gazette, specify in this behalf, produce, within such period as may be specified in such notification, the certificate of registration for entering therein the productive capacity of the industrial undertaking and other prescribed particulars. 5 in specifying the productive capacity in any certificate of registration issued under subsection 3, the central government shall take into consideration the productive or installed capacity of the industrial undertaking as specified in the application for registration made under subsection 1, the level of production immediately before the date on which the application for registration was made under subsection 1, the level of the highest annual production during the three years immediately preceding the introduction in parliament of the industries development and regulation amendment bill, , the extent to which production during the said period was utilised for export and such other factors as the central government may consider relevant including the extent of underutilisation of capacity, if any, during the relevant period due to any cause. 1. subs. by act 26 of , s. 5, for subsection 1 w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. subs. by act 67 of , s. 2, for containing such particulars as may be prescribed w.e.f. . 4. ins. by s. 2, ibid. w.e.f. .

section 15. of the industries development and regulation act : where the central government is of the opinion that a in respect of any scheduled industry or industrial undertaking or undertakings i there has been, or is likely to be, a substantial fall in the volume of production in respect of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be for which, having regard to the economic conditions prevailing, there is no justification or ii there has been, or is likely to be, a marked deterioration in the quality of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be, which could have been or can be avoided or iii there has been or is likely to be a rise in the price of any article or class of articles relatable to that industry or manufactured or produced in the industrial undertaking or undertakings, as the case may be, for which there is no justification or iv it is necessary to take any such action as is provided in this chapter for the purpose of conserving any resources of national importance which are utilised in the industry or the industrial undertaking or undertakings, as the case may be or 1b any industrial undertaking is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest the central government may make or cause to be made a full and complete investigation into the circumstances of the case by such person or body of persons as it may appoint for the purpose. 1. subs. by act 26 of , s. 11, for clause b w.e.f. .

section 11. of the industries development and regulation act : 1 no person or authority other than the central government, shall, after the commencement of this act, establish any new industrial undertaking, except under and in accordance with a licence issued in that behalf by the central government: provided that a government other than the central government may, with the previous permission of the central government, establish a new industrial undertaking. 2 a licence or permission under subsection 1 may contain such conditions including, in particular, conditions as to the location of the undertaking and the minimum standards in respect of size to be provided therein as the central government may deem fit to impose in accordance with the rules, if any, made under section 30.

section 11a. of the industries development and regulation act : 111a. licence for producing or manufacturing new articles.the owner of an industrial undertaking not being the central government which is registered under section 10 or in respect of which a licence or permission has been issued under section 11 shall not produce or manufacture any new article unless a in the case of an industrial undertaking registered under section 10, he has obtained a licence for producing or manufacturing such new article and b in the case of an industrial undertaking in respect of which a licence or permission has been issued under section 11, he has had the existing licence or permission amended in the prescribed manner. 1. ins. byact 26 of , s. 7 w.e.f. .

section 13. of the industries development and regulation act : 113. further provision for licensing of industrial undertakings in special cases.1 no owner of an industrial undertaking, other than the central government, shall a in the case of an industrial undertaking required to be registered under section 10, but which has not been registered within the time fixed for the purpose under that section, carry on the business of that undertaking after the expiry of such period, or b in the case of an industrial undertaking the registration in respect of which has been revoked under section 10a 2, carry on the business of the undertaking after the revocation, or c in the case of an industrial undertaking to which the provisions of this act did not originally apply but became applicable after the commencement of this act for any reason, carry on the business of the undertaking after the expiry of three months from the date on which the provisions of this act became so applicable, or d effect any substantial expansion of an industrial undertaking which has been registered3or in respect of which a licence or permission has been issued, or e change the location of the whole or any part of an industrial undertaking which has been registered, except under, and in accordance with, a licence issued in that behalf by the central government, and, in the case of a state government, except under and in accordance with the previous permission of the central government. 2 the provisions of subsection 2 of section 11 and of section 12 shall apply, so far as may be, in relation to the issue of licences or permissions to any industrial undertaking referred to in this section as they apply in relation to the issue of licences or permissions to a new industrial undertaking. explanation.for the purposes of this section, substantial expansion means the expansion of an existing industrial undertaking which substantially increases the productive capacity of the undertaking, or which is of such a nature as to amount virtually to a new industrial undertaking, but does not include any such expansion as is normal to the undertaking having regard to its nature and the circumstances relating to such expansion. 1. subs. by s. 9, ibid., for section 13 w.e.f. . 2. the words on the ground that it had been obtained by misrepresentation as to an essential fact omitted by act 71 of , s. 2 w.e.f. . 3. ins. by s. 2, ibid. w.e.f. .

section 15a. of the industries development and regulation act : 115a. power to investigate into the affairs of a company in liquidation.1 where a company, owning an industrial undertaking is being wound up by or under the supervision of the high court, and the business of such company is not being continued, the central government may, if it is of opinion that it is necessary, in the interests of the general public and, in particular, in the interests of production, supply or distribution of articles or class of articles relatable to the concerned scheduled industry, to investigate into the possibility of running or restarting the industrial undertaking, make an application to the high court praying for permission to make, or cause to be made, an investigation into such possibility by such person or body of persons as that government may appoint for the purpose. 2 where an application is made by the central government under subsection 1, the high court shall, notwithstanding anything contained in the companies act, 1 of , or in any other law for the time being in force, grant the permission prayed for. 1. ins. by act 72 of , s. 3 w.e.f. .

section 17.. of the industries development and regulation act : special provisions for direct control by central government in certain cases. omitted by the industries development and regulation amendment act, 26 of , s. 12 w.e.f. .

section 18aa. of the industries development and regulation act : 1 218aa. power to take over industrial undertakings without investigation under certain circumstances. 1 without prejudice to any other provision of this act, if, from the documentary or other evidence in its possession, the central government is satisfied, in relation to an industrial undertaking, that a the persons in charge of such industrial undertaking have, by reckless investments or creation of incumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced in the industrial undertaking, and that immediate action is necessary to prevent such a situation or b it has been closed for a period of not less than three months whether by reason of the voluntary winding up of the company owning the industrial undertaking or for any other reason and such closure is prejudicial to the concerned scheduled industry and that the financial condition of the company owning the industrial undertaking and the condition of the plant and machinery of such undertaking are such that it is possible to restart the undertaking and such restarting is necessary in the interests of the general public, it may, by a notified order, authorise any person or body of persons hereafter referred to as the authorised person to take over the management of the whole or any part of the industrial undertaking or to exercise in respect of the whole or any part of the undertaking such functions of control as may be specified in the order. 2 the provisions of subsection 2 of section 18a shall, as far as may be, apply to a notified order made under subsection 1 as they apply to a notified order made under subsection 1 of section 18a. 3 nothing contained in subsection 1 and subsection 2 shall apply to an industrial undertaking owned by a company which is being wound up by or under the supervision of the court. 4 where any notified order has been made under subsection 1, the person or body of persons having for the time being, charge of the management or control of the industrial undertaking, whether by or under the orders of any court or any contract, instrument or otherwise, shall, notwithstanding anything contained in such order, contract, instrument or other arrangements forthwith make over the charge of management or control, as the case may be, of the industrial undertaking to the authorised person. 5 the provisions of sections 18b to 18e both inclusive shall, as far as may be, apply to, or in relation to, the industrial undertaking, in respect of which a notified order has been made under subsection 1, as they apply to an industrial undertaking in relation to which a notified order has been issued under section 18a. 1. ins. by act 26 of , s. 13 w.e.f. . 2. ins. by act 72 of , s. 5 w.e.f. .

section 11b. of the industries development and regulation act : 111b.power of central government to specify the requirements which shall be complied with by small scale industrial undertakings.1 the central government may, with a view to ascertaining which ancillary and small scale industrial undertakings need supportive measures, exemptions or other favourable treatment under this act to enable them to maintain their viability and strength and so as to be effective in a promoting in a harmonious manner the industrial economy of the country and easing the problem of unemployment, and b securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good, specify, having regard to the factors mentioned in subsection 2, by notified order, the requirements which shall be complied with by an industrial undertaking to enable it to be regarded, for the purposes of this act, as an ancillary, or a small scale, industrial undertaking and different requirements may be so specified for different purposes or with respect to industrial undertakings engaged in the manufacture or production of different articles: provided that no industrial undertaking shall be regarded as an ancillary industrial undertaking unless it is, or is proposed to be, engaged in i the manufacture of parts, components, subassemblies, toolings or intermediates or ii rendering of services, or supplying or rendering, not more than fifty per cent. of its production or its total services, as the case may be, to other units for production of other articles. 2 the factors referred to in subsection 1 are the following, namely: a the investment by the industrial undertaking in i plant and machinery, or ii land, buildings, plant and machinery b the nature of ownership of the industrial undertakings c the smallness of the number of the workers employed in the industrial undertaking d the nature, cost and quality of the product of the industrial undertaking e foreign exchange, if any, required for the import of any plant or machinery by the industrial undertaking and f such other relevant factors as may be prescribed. 3 a copy of every notified order proposed to be made under subsection 1 shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the proposed notified order or both houses agree in making any modification in the proposed notified order, the notified order shall not be made, or, as the case may be, shall be made only in such modified form as may be agreed upon by both the houses. 4 notwithstanding anything contained in subsection 1, an industrial undertaking which, according to the law for the time being in force, fell, immediately before the commencement of the industries development and regulation amendment act, 4 of , under the definition of an ancillary, or small scale, industrial undertaking, shall, after such commencement, continue to be regarded as an ancillary, or small scale, industrial undertaking for the purposes of this act until the definition aforesaid is altered or superseded by any notified order made under subsection 1. 1. ins. by act 4 of , s. 3 w.e.f. .

section 18b. of the industries development and regulation act : 118b. effect of notified order under section 18a.1 on the issue of a notified order under section 18a authorising the taking over of the management of an industrial undertaking, a all persons in charge of the management, including persons holding office as managers or directors of the industrial undertaking immediately before the issue of the notified order, shall be deemed to have vacated their offices as such b any contract of management between the industrial undertaking and any managing agent or any director thereof holding office as such immediately before the issue of the notified order shall be deemed to have been terminated c the managing agent, if any, appointed under section 18a shall be deemed to have been duly appointed as the managing agent in pursuance of the indian companies act, 7 of , and the memorandum and articles of association of the industrial undertaking, and the provisions of the said act and of the memorandum and articles shall, subject to the other provisions contained in this act, apply accordingly, but no such managing agent shall be removed from office except with the previous consent of the central government d the person or body of persons authorised under section 18a to take over the management shall take all such steps as may be necessary to take into his or their custody or control all the property, effects and actionable claims to which the industrial undertaking is or appears to be entitled, and all the property and effects of the industrial undertaking shall be deemed to be in the custody of the person or, as the case may be, the body of persons as from the date of the notified order and e the persons, if any, authorised under section 18a to take over the management of an industrial undertaking which is a company shall be for all purposes the directors of the industrial undertaking duly constituted under the indian companies act, 7 of , and shall alone be entitled to exercise all the powers of the directors of the industrial undertaking, whether such powers are derived from the said act or from the memorandum or articles of association of the industrial undertaking or from any other source. 2 subject to the other provisions contained in this act and to the control of the central government, the person or body of persons authorised to take over the management of an industrial undertaking, shall take such steps as may be necessary for the purpose of efficiently managing the business of the industrial undertaking and shall exercise such other powers and have such other duties as may be prescribed. 3 where any person or body of persons has been authorised to exercise any functions of control in relation to an industrial undertaking, the undertaking shall be carried on pursuant to any directions given by the authorised person in accordance with the provisions of the notified order, and any person having any functions of management in relation to the undertaking or part thereof shall comply with all such directions. 4 the person or body of persons authorised under section 218a shall, notwithstanding anything contained in the memorandum or articles of association of the industrial undertaking, exercise his or their functions in accordance with such directions as may be given by the central government so, however, that he or they shall not have any power to give any other person any directions under this section inconsistent with the provisions of any act or instrument determining the functions of the authority carrying on the undertaking except in so far as may be specifically provided by the notified order. 1. ins. by act 26 of , s. 13 w.e.f. . 2. subs. by act 36 of , s. 3 and the second schedule, for 18 w.e.f. .

section 18c., may be cancelled or varied. of the industries development and regulation act : 118c. contracts in bad faith, etc., may be cancelled or varied.without prejudice to the provisions contained in section 18b, the person or body of persons authorised under section 18a to take over the management of an industrial undertaking may, with the previous approval of the central government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into, at any time before the issue of the notified order under section 18a, between the industrial undertaking and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the industrial undertaking, make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose that contract or agreement, and the contract or agreement shall have effect accordingly. 1. ins. by act 26 of , s. 13 w.e.f. .

section 16. of the industries development and regulation act : 1 if after making or causing to be made any such investigation as is referred to in section 15 the central government is satisfied that action under this section is desirable, it may issue such directions to the industrial undertaking or undertakings concerned as may be appropriate in the circumstances for all or any of the following purposes, namely: a regulating the production of any article or class of articles by the industrial undertaking or undertakings and fixing the standards of production b requiring the industrial undertaking or undertakings to take such steps as the central government may consider necessary to stimulate the development of the industry to which the undertaking or undertakings relates or relate c prohibiting the industrial undertaking or undertakings from resorting to any act or practice which might reduce its or their production, capacity or economic value d controlling the prices, or regulating the distribution, of any article or class of articles which have been the subjectmatter of investigation. 2 where a case relating to any industry or industrial undertaking or undertakings is under investigation, the central government may issue at any time any direction of the nature referred to in subsection 1 to the industrial undertaking or undertakings concerned , and any such direction shall have effect until it is varied or revoked by the central government.

section 18. of the industries development and regulation act : 1 the person or body of persons appointed to make any investigation under section or section 15a may choose one or more persons possessing special knowledge of any matter relating to the investigation to assist him or it in holding the investigation. 2 the person or body of persons so appointed shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purpose of taking evidence on oath which he or it is hereby empowered to administer and of enforcing the attendance of witnesses and compelling the production of documents and material objects, and the person or body of persons shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 5 of . 1. ins. by act 72 of , s. 4 w.e.f. .

section 18a. of the industries development and regulation act : 118a. power of central government to assume management or control of an industrial undertaking in certain cases.1 if the central government is of opinion that a an industrial undertaking to which directions have been issued in pursuance of section 16 has failed to comply with such directions, or b an industrial undertaking in respect of which an investigation has been made under section 15 whether or not any directions have been issued to the undertaking in pursuance of section 16, is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest, the central government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the undertaking or to exercise in respect of the whole or any part of the undertaking such functions of control as may be specified in the order. 2 any notified order issued under subsection 1 shall have effect for such period not exceeding five years as may be specified in the order: 2provided that if the central government is of opinion that it is expedient in the public interest that any such notified order should continue to have effect after the expiry of the period of five years aforesaid, it may from time to time issue directions for such continuance for such period, not exceeding two years at a time, as may be specified in the direction, so however that the total period of such continuance after the expiry of the said period of five years does not exceed 3twelve years and where any such direction is issued, a copy thereof shall be laid, as soon as may be, before both houses of parliament. explanation.the power to authorise a body of persons under this section to take over the management of an industrial undertaking which is a company includes also a power to appoint any individual, firm or company to be the managing agent of the industrial undertaking on such terms and conditions as the central government may think fit. 1. ins. by act 26 of , s. 13 w.e.f. . 2. subs. by act 6 of , s. 2, for the proviso w.e.f. . 3. subs. by act 32 of , s. 2, for ten years w.e.f. .

section 18d. of the industries development and regulation act : 118d. no right to compensation for termination of office or contract.notwithstanding anything contained in any law for the time being in force, no person who ceases to hold any office by reason of the provisions contained in clause a of section 18b, or whose contract of management is terminated by reason of the provisions contained in clause b of that section, shall be entitled to any compensation for the loss of office or for the premature termination of his contract of management: provided that nothing contained in this section shall affect the right of any such person to recover from the industrial undertaking moneys recoverable otherwise than by way of such compensation. 1. ins. by act 26 of , s. 13 w.e.f. .

section 18fa. of the industries development and regulation act : 118fa. power of central government to authorise, with the permission of the high court, persons to take over management or control of industrial undertakings. 1 if the central government is of opinion that there are possibilities of running or restarting an industrial undertaking, in relation to which an investigation has been made under section 15a, and that such industrial undertaking should be run or restarted, as the case may be, for maintaining or increasing the production, supply or distribution of articles or class of articles relatable to the scheduled industry, needed by the general public, that government may make an application to the high court praying for permission to appoint any person or body of persons to take over the management of the industrial undertaking or to exercise in respect of the whole or any part of the industrial undertaking such functions of control as may be specified in the application. 2 where an application is made under subsection 1, the high court shall make an order empowering the central government to authorise any person or body of persons hereinafter referred to as the authorised person, to take over the management of the industrial undertaking or to exercise functions of control in relation to the whole or any part of the industrial undertaking hereinafter referred to as the concerned part for a period not exceeding five years: provided that if the central government is of opinion that it is expedient in the interests of the general public that the authorised person should continue to manage the industrial undertaking, or continue to exercise functions of control in relation to the concerned part, as the case may be, after the expiry of the period of five years aforesaid, it may make an application to the high court for the continuance of such management or functions of control, for such period, not exceeding two years at a time, as may be specified in the application and thereupon the high court may make an order permitting the authorised person to continue to manage the industrial undertaking or to exercise functions of control in relation to the concerned part: provided further that the total period of such continuance after the expiry of the initial period of five years shall not, in any case, be permitted to exceed 2twelve years. 3 where an order has been made by the high court under subsection 2, the high court shall direct the official liquidator or any other person having, for the time being, charge of the management or control of the industrial undertaking, whether by or under the orders of any court, or any contract or instrument or otherwise, to make over the management of such undertaking or the concerned part, as the case may be, to the authorised person and thereupon the authorised person shall be deemed to be the official liquidator in respect of the industrial undertaking or the concerned part, as the case may be. 4 before making over the possession of the industrial undertaking or the concerned part to the authorised person, the official liquidator shall make a complete inventory of all the assets and liabilities of the industrial undertaking or the concerned part, as the case may be, in the manner specified in section 18fg and deliver a copy of such inventory to the authorised person, who shall, after verifying the correctness thereof, sign on the duplicate copy thereof as evidence of the receipt of the inventory by him. 5 on taking over the management of the industrial undertaking, or on the commencement of the exercise of functions of control in relation to the concerned part, the authorised person shall take immediate steps to so run the industrial undertaking or the concerned part as to ensure the maintenance of production. 6 the authorised person may, on such terms and conditions and subject to such limitations or restrictions as may be prescribed, raise any loan for the purpose of running the industrial undertaking or the concerned part, and may, for that purpose, create a floating charge on the current assets of the industrial undertaking or the concerned part, as the case may be. 7 where the authorised person is of opinion that the replacement or repair of any machinery of the industrial undertaking or the concerned part is necessary for the purpose of efficient running of the industrial undertaking or such part, he shall, on such terms and conditions and subject to such limitations or restrictions as may be prescribed, make such replacement or repair, as the case may be. 8 the loan obtained by the authorised person shall be recovered from the assets of the industrial undertaking or the concerned part, in such manner and subject to such conditions as may be prescribed. 9 for the purpose of running the industrial undertaking, or exercising functions of control in relation to the concerned part, the authorised person may employ such of the former employees of the industrial undertaking whose services became discharged by reason of the windingup of the company owning such undertaking and every such person employed by the authorised person shall be deemed to have entered into a fresh contract of service with the company. 10 the proceedings in the windingup of the company in so far as they relate to a the industrial undertaking, the management of which has been taken over by the authorised person under this section, or b the concerned part in relation to which any function of control is exercised by the authorised person under this section, shall, during the period of such management or control, remain stayed, and, in computing the period of limitation for the enforcement of any right, privilege, obligation or liability in relation to such undertaking or the concerned part, the period during which such proceedings remained stayed shall be excluded. 1. ins. by act 72 of , s. 6 w.e.f. . 2. subs. by act 32 of , s. 2, for ten years w.e.f. .

section 18fe. of the industries development and regulation act : 118fe. provisions where government decides to follow the course of action specified in section 18fd 1.1 the provisions hereinafter laid down shall apply where the central government decides that the course of action specified in subsection 1 of section 18fd should be followed, namely: a the decision of the central government that the course of action specified in clause a of subsection 1 section 18fd should be followed in relation to a company owning an industrial undertaking shall be deemed to be a ground specified in section 433 of the companies act, 1 of , on which the company may be wound up by the high court b the authorised person shall, as soon as may be, after the decision specified in clause a of subsection 1 of section 18fd has been taken by the central government, present an application to the high court for the winding up of the company owning the industrial undertaking c when an application is made by the authorised person, under clause b, for the winding up, by the high court, of the company owning the industrial undertaking, the high court shall order the winding up of the company and shall, notwithstanding anything contained in the companies act, 1 of , appoint the authorised person as the official liquidator in relation to such undertaking d whenever the central government decides under clause b of subsection 1 of section 18fd that the industrial undertaking should be sold as a running concern, it shall cause a copy of its decision to be laid before the high court e until the industrial undertaking referred to in clause a or clause b of subsection 1 of section 18fd is sold or purchased in pursuance of this section, the authorised person shall continue to function as the official liquidator in relation to the said undertaking in the winding up proceedings of the company, and thereafter the official liquidator appointed by the central government under section 448 of the companies act, 1 of , shall take over and function as the official liquidator in the said proceedings. 2 the authorised person shall make a report to the central government as to what should be the reserve price for the sale of the industrial undertaking as a running concern. 3 in making a report under subsection 2, the authorised person shall have regard to a the financial condition of the company owning the industrial undertaking on the date on which the order under section 18fd is made i as disclosed in its books of account, ii as disclosed in its balancesheet and profit and loss account during a period of five years immediately preceding the said date b the condition and nature of the plant, machinery, instruments and other equipment from the point of view of their suitability for profitable use in the running of the industrial undertaking c the total amount of liability on account of secured and unsecured debts including overdrafts, if any, drawn on banks, liabilities on account of terminal benefits to the employees and other borrowings and other liabilities of the company and d other relevant factors including the factor that the industrial undertaking will be sold free from all incumbrances. 4 notice of the reserve price determined by the authorised person shall be given in such manner as may be prescribed to the members and creditors of the company owning such industrial undertaking to make representations within a specified time to the central government through the authorised person and the central government shall, after considering the representations received and the report of the authorised person, determine the reserve price. 5 the authorised person shall thereafter, with the permission of the high court, invite tenders from the public in such manner as may be determined by the high court for the sale of the industrial undertaking as a running concern subject to the condition that it will be sold to the person offering the highest price which shall not be less than the reserve price determined under subsection 4: provided that the high court shall not refuse to grant such permission if it is satisfied that the company is not in a position to meet its current liabilities out of its current assets. 6 the industrial undertaking shall be sold to the highest bidder, as a running concern, only if the price offered by him therefore is not less than the reserve price. 7 where no offer of price is equal to, or more than, the reserve price, the industrial undertaking shall be purchased by the central government at the reserve price. 8 a the amount realised from the sale of the industrial undertaking as a running concern together with any other sum which may be realised from any contributory, purchaser or any other person from whom any money is due to the company shall be utilised in accordance with the provisions of the companies act, 1 to , in discharging the liabilities of the company and distributing the balance, if any, amongst the members of the company. b in other respects, the provisions of the companies act, 1 of , relating to the winding up of a company by the high court shall, as far as may be, apply. 9 when an industrial undertaking is sold to any person under subsection 6, or purchased by the central government under subsection 7, there shall be transferred to and vested in the purchaser, free from all incumbrances, all such assets relating to the industrial undertaking as are referred to in subclause i of clause a of section 18fg and existing at the time of the sale or purchase. 1. ins. by act 72 of , s. 6 w.e.f. .

section 18f. of the industries development and regulation act : 118f. power of central government to cancel notified order under section 18a.if at any time it appears to the central government on the application of the owner of the industrial undertaking or otherwise that the purpose of the order made under section 18a has been fulfilled or that for any other reason it is not necessary that the order should remain in force, the central government may, by notified order, cancel such order and on the cancellation of any such order the management or the control, as the case may be, of the industrial undertaking shall vest in the owner of the undertaking. 1. ins. by act 26 of , s. 13 w.e.f. .

section 18e. of the industries development and regulation act : 118e. application of act 7 of .1 where the management of an industrial undertaking, being a company as defined in the indian companies act, 7 of is taken over by the central government, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such undertaking, a it shall not be lawful for the shareholders of such undertaking or any other person to nominate or appoint any person to be a director of the undertaking b no resolution passed at any meeting of the shareholders of such undertaking shall be given effect to unless approved by the central government c no proceeding for the winding up of such undertaking or for the appointment of a receiver in respect thereof shall lie in any court except with the consent of the central government. 2 subject to the provisions contained in subsection 1, and to the other provisions contained in this act and subject to such other exceptions, restrictions and limitations, if any, as the central government may, by notification in the official gazette, specify in this behalf, the indian companies act, 7 of , shall continue to apply to such undertaking in the same manner as it applied thereto before the issue of the notified order under section 18a. 1. ins. by act 26 of , s. 13 w.e.f. .

section 18fb. of the industries development and regulation act : 118fb. power of central government to make certain declarations in relation to industrial undertakings, the management or control of which has been taken over under section 18a, section 18aa or section 18fa.1 the central government may, if it is satisfied, in relation to an industrial undertaking or any part thereof, the management or control of which has been taken over under section 18a, whether before or after the commencement of the industries development and regulation amendment act, 72 of , or under section 18aa or section 18fa, that it is necessary so to do in the interests of the general public with a view to preventing fall in the volume of production of any scheduled industry, it may, by notified order, declare that a all or any of the enactments specified in the third schedule shall not apply or shall apply with such adaptations, whether by way of modification, addition or omission which does not, however, affect the policy of the said enactments to such industrial undertaking, as may be specified in such notified order, or b the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force to which such industrial undertaking or the company owning such undertaking is a party or which may be applicable to such industrial undertaking or company immediately before the date of issue of such notified order shall remain suspended or that all or any of the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such manner as may be specified in the notified order. 2 the notified order made under subsection 1 shall remain in force, in the first instance, for a period of one year, but the duration of such notified order may be extended from time to time by a further notified order by a period not exceeding one year at a time: provided that no such notified order shall, in any case, remain in force a after the expiry of the period for which the management of the industrial undertaking was taken over under section 18a, section 18aa or section 18fa, or b for more than 2eight years in the aggregate from the date of issue of the first notified order, whichever is earlier. 3 any notified order made under subsection 1 shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of a court, tribunal, officer or other authority or of any submission, settlement or standing order. 4 any remedy for the enforcement of any right, privilege, obligation or liability referred to in clause b of subsection 1 and suspended or modified by a notified order made under that subsection shall, in accordance with the terms of the notified order, remain suspended or modified, and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly remain stayed or be continued subject to such adaptations, so, however, that on the notified order ceasing to have effect a any right, privilege, obligation or liability so remaining suspended or modified shall become revived and enforceable as if the notified order had never been made b any proceeding so remaining stayed shall be proceeded with, subject to the provisions of any law which may then be in force, from the stage which had been reached when the proceedings became stayed. 5 in computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause b of subsection 1, the period during which it or the remedy for the enforcement thereof remained suspended shall be excluded. 1. ins. by act 72 of , s. 6 w.e.f. . 2. subs. by act 17 of , s. 2, for five years w.e.f. .

section 18fc. of the industries development and regulation act : 118fc. power of central government to call for report on the affairs and working of managed company.where the management or control of an industrial undertaking has been taken over under section 18a, whether before or after the commencement of the industries development and regulation amendment act, 72 of , or under section 18aa or section 18fa, the central government may, at any time during the continuance of such management or control, call for a report from the authorised person on the affairs and working of the industrial undertaking and in submitting the report the authorised person shall take into account the inventory and the lists of members and creditors prepared under section 18fg. 1. ins. by act 72 of , s. 6 w.e.f. .

section 18fd. of the industries development and regulation act : 118fd. decision of central government in relation to managed company.1 if, on receipt of the report submitted by the authorised person, the central government is satisfied, a in relation to the company owning the industrial undertaking, which is not being wound up by the high court, that the financial condition and other circumstances of the company are such that it is not in a position to meet its current liabilities out of its current assets, that government may, if it considers necessary or expedient in the interests of the general public so to do, by order, decide that the industrial undertaking should be sold as a running concern as provided in section 18fe and proceedings should simultaneously be started for the winding up, by the high court, of the company b in relation to the company, owning the industrial undertaking, which is being wound up by the high court, that its assets and liabilities are such that in the interests of its creditors and contributories the industrial undertaking should be sold as a running concern as provided in section 18fe, it may, by order, decide accordingly. 2 notwithstanding anything contained in subsection 1, if, on receipt of the report submitted by the authorised person, the central government is satisfied that a in the interests of the general public, or b in the interests of the shareholders, or c to secure the proper management of the company owning the industrial undertaking, it is necessary so to do, that government may, by order, decide to prepare a scheme for the reconstruction of the company owning the industrial undertaking: provided that no such scheme shall be prepared in relation to a company which is being wound up by or under the supervision of the high court, except with the previous permission of that court. 3 the powers exercisable by the central government under section 18f, in relation to an undertaking taken over under section 18a, shall also be exercisable in relation to an undertaking taken over under section 18aa or section 18fa, but such powers shall not be exercised after the making of an order under subsection 1 or, as the case may be, under subsection 2 of this section. 1. ins. by act 72 of , s. 6 w.e.f. .

section 18ff. of the industries development and regulation act : 118ff. provisions where government decides to follow the course of action specified in section 18fd 2.1 where in any case the central government decides that the course of action specified in subsection 2 of section 18fd should be followed, it shall, subject to the provisions of that subsection, cause to be prepared, by the authorised person, a scheme for the reconstruction of the company, owning the industrial undertaking, in accordance with the provisions hereinafter contained and the authorised person shall submit the same for the approval of that government. 2 the scheme for the reconstruction of the company owning the industrial undertaking may contain provisions for all or any of the following matters, namely: a the constitution, name and registered office, the capital, assets, powers, rights, interests, authorities and privileges, the liabilities, duties and obligations of the company on its reconstruction b any change in the board of directors, or the appointment of a new board of directors of the company on its reconstruction and the authority by whom, the manner in which and the other terms and conditions on which, such change or appointment shall be made and in the case of appointment of a new board of directors or of any director, the period for which such appointment shall be made c the vesting of controlling interest, in the reconstructed company, in the central government either by the appointment of additional directors or by the allotment of additional shares d the alteration of the memorandum and articles of association of the company, on its reconstruction, to give effect to such reconstruction e subject to the provisions of the scheme, the continuation by or against the company, on its reconstruction, of any action or proceedings pending against the company immediately before the date of its reconstruction f the reduction of the interest or rights which the members and creditors have in or against the company before its reconstruction to such extent as the central government may consider necessary in the interests of the general public or in the interests of the members and creditors or for the maintenance of the business of the company : provided that nothing contained in this clause shall be deemed to authorise the reduction of the interest or rights of any creditor including government in respect of any loan or advance made by that creditor to the company after the date on which the management of the industrial undertaking of the company has been taken over under section 18a, section 18aa, or section 18fa g the payment in cash or otherwise to the creditors in full satisfaction of their claim i in respect of their interest or rights in or against the company before its reconstruction or ii where their interest or rights in or against the company has or have been reduced under clause f, in respect of such interest, or rights as so reduced h the allotment to the members of the company for shares held by them therein before its reconstruction whether their interest in such shares has been reduced under clause f or not, of shares in the company on its reconstruction and where it is not possible to allot shares to any members, the payment in cash to those members in full satisfaction of their claim 1 in respect of their interest in shares in the company before its reconstruction or 2 where such interest has been reduced under clause f, in respect of their interest in shares as so reduced i the offer by the central government to acquire by negotiations with the members of the company their respective shares on payment in cash to those members who may volunteer to sell their shares to the central government in full satisfaction of their claim 1 in respect of their interest in shares in the company before its reconstruction or 2 where such interest has been reduced under clause f, in respect of their interest in shares as so reduced j the conversion of any debentures issued by the company after the taking over of the management of the company under section 18a or section 18aa or section 18fa or of any loans obtained by the company after that date or of any part of such debentures or loans, into shares in the company and the allotment of those shares to such debentureholders or creditors, as the case may be k the increase of the capital of the company by the issue of new shares and the allotment of such new shares to the central government l the continuance of the services of such of the employees of the company as the central government may specify in the scheme in the company itself, on its reconstruction, on such terms and conditions as the central government thinks fit m notwithstanding anything contained in clause l, where any employees of the company whose services have been continued under clause l have, by notice in writing given to the company at any time before the expiry of one month next following the date on which the scheme is sanctioned by the high court, intimated their intention of not becoming employees of the company, on its reconstruction, the payment to such employees and to other employees whose services have not been continued on the reconstruction of the company, of compensation, if any, to which they are entitled under the industrial disputes act, 14 of , and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisation of the company immediately before the date of its reconstruction n any other terms and conditions for the reconstruction of the company o such incidental, consequential and supplemental matters as are necessary to secure that the reconstruction of the company shall be fully and effectively carried out. 3 a a copy of the scheme, as approved by the central government, shall be sent in draft to the company, to the registered trade unions, if any, of which the employees of the company are members and to the creditors thereof for suggestions and objections, if any, within such period as the central government may specify for this purpose. b the central government may make such modifications, if any, in the draft scheme as it may consider necessary in the light of the suggestions and objections received from the company, from the registered trade unions of which the employees of the company are members and from any members or creditors of the company. 4 the scheme shall thereafter be placed before the high court for its sanction and the high court, if satisfied that the scheme is in the interests of the general public or in the interests of the shareholders or for securing the proper management of the company and that the scheme is designed to be fair and reasonable to the members and creditors of the company, may, after giving a reasonable opportunity to the company and to its members and creditors of showing cause, sanction the scheme without any modification or with such modifications as it may consider necessary. 5 the scheme, as so sanctioned by the high court, shall come into force on such date as that court may specify in this behalf: provided that different dates may be specified for different provisions of the scheme. 6 the sanction accorded by the high court under subsection 4 shall be conclusive evidence that all the requirements of this section relating to the reconstruction of the company have been complied with, and a copy of the sanctioned scheme certified by the high court to be a true copy thereof, shall, in all legal proceedings whether original or in appeal or otherwise, be admitted as evidence to the same extent as the original scheme. 7 on and from the date of the coming into operation of the scheme or any provision thereof, the scheme or such provision shall be binding on the company and also on all the members and other creditors and employees of the company and on any other person having any right or liability in relation to the company. 8 on the coming into operation of the scheme or any provision thereof, the authorised person shall cease to function, and the management of the reconstructed company shall be assumed by the board of directors as provided in the scheme. 9 copies of the scheme shall be laid before each house of parliament, as soon as may be, after the scheme has been sanctioned by the court. 10 the provisions of this section and of any scheme made thereunder shall have effect notwithstanding anything contained in sections 391 to 394a both inclusive of the companies act, 1 of . 1. ins. by act 72 of , s. 6 w.e.f. .

section 18fg. of the industries development and regulation act : 118fg. preparation of inventory of assets and liabilities and list of members and creditors of managed company.for the purposes of this act, the authorised person shall, as soon as may be, after taking over the management of the industrial undertaking of a company under section 18a or section 18aa or section 18fa, a prepare a complete inventory of i all properties, movable and immovable, including lands, buildings, works, workshops, stores, instruments, plant, machinery, automobiles and other vehicles, stocks of materials in the course of production, storage or transit, raw materials, cash balances, cash in hand, deposits in bank or with any other person or body or on loan, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the date of taking over of the industrial undertaking in the ownership, possession, power or control of the company, whether within or without india and all books of account, registers, maps, plans, sections, drawings, records, documents or titles of ownership of property, and all other documents of whatever nature relating thereto and ii all borrowings, liabilities and obligations of whatever kind of the company including liability on account of terminal benefits to its employees subsisting immediately before the said date b prepare separately a list of members, and a list of creditors, of such company as on the date of taking over of the management of the industrial undertaking showing separately in the list of creditors, the secured creditors and the unsecured creditors : provided that where the management of the industrial undertaking of a company has been taken over under the said section 18a before the commencement of the industries development and regulation amendment act, 72 of , the aforesaid functions shall be performed by the authorised person within six months from such commencement. 1. ins. by act 72 of , s. 6 w.e.f. .

section 18fh. of the industries development and regulation act : 118fh. stay of suits and other proceedings.in the case of a company in respect of which an order under section 18fd has been made, no suit or other legal proceeding shall be instituted or continued against the company except with the previous permission of the central government or any officer or authority authorised by that government in this behalf. 1. ins. by act 72 of , s. 6 w.e.f. .

section 18g., of certain articles. of the industries development and regulation act : 118g. power to control supply, distribution, price, etc., of certain articles.1 the central government, so far as it appears to it to be necessary or expedient for securing the equitable distribution and availability at fair prices of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this act, by notified order, provide of regulating the supply and distribution thereof and trade and commerce therein. 2 without prejudice to the generality of the powers conferred by subsection 1, a notified order made thereunder may provide a for controlling the prices at which any such article or class thereof may be bought or sold b for regulating by licences, permits or otherwise the distribution, transport, disposal, acquisition, possession, use or consumption of any such article or class thereof c for prohibiting the withholding from sale of any such article or class thereof ordinarily kept for sale d for requiring any person manufacturing, producing or holding in stock any such article or class thereof to sell the whole or part of the articles so manufactured or produced during a specified period or to sell the whole or a part of the articles so held in stock to such person or class of persons and in such circumstances as may be specified in the order e for regulating or prohibiting any class of commercial or financial transactions relating to such article or class thereof which in the opinion of the authority making the order are, or if unregulated are likely to be, detrimental to public interest f for requiring persons engaged in the distribution and trade and commerce in any such article or class thereof to mark the articles exposed or intended for sale with the sale price or to exhibit at some easily accessible place on the premises the pricelists of articles held for sale and also to similarly exhibit on the first day of every month, or at such other time as may be prescribed, a statement of the total quantities of any such articles in stock g for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters and h for any incidental or supplementary matters, including, in particular, the grant or issue of licences, permits or other documents and the charging of fees therefor. 3 where, in pursuance of any order made with reference to clause d of subsection 2, any person sells any article, there shall be paid to him the price therefor a where the price can consistently with the controlled price, if any, be fixed by agreement, the price so agreed upon b where no such agreement can be reached, the price calculated with reference to the controlled price, if any, fixed under this section c where neither clause a nor clause b applies, the price calculated at the market rate prevailing in the locality at the date of sale. 4 no order made in exercise of any power conferred by this section shall be called in question in any court. 5 where an order purports to have been made and signed by an authority in exercise of any power conferred by this section, a court shall, within the meaning of the indian evidence act, 1 of , presume that such order was so made by that authority. explanation.in this section, the expression article or class of articles relatable to any scheduled industry includes any article or class of articles imported into india which is of the same nature or description as the article or class of articles manufactured or produced in the scheduled industry. 1. ins. by act 26 of , s. 13 w.e.f. .

section 22. of the industries development and regulation act : in the exercise of its functions under this act, every development council shall be guided by such instructions as may be given to it by the central government and such instructions may include directions relating to the manner in which, and the purpose for which, any proceeds of the cess levied under section 9 which may have been handed over to it, shall be expanded.

section 19. of the industries development and regulation act : 1 for the purpose of ascertaining the position or working of any industrial undertaking or for any other purpose mentioned in this act or the rules made thereunder, any person authorised by the central government in this behalf shall have the right a to enter and inspect any premises b to order the production of any document, book, register or record in the possession or power of any person having the control of, or employed in connection with, any industrial undertaking and c to examine any person having the control of, or employed in connection with, any industrial undertaking. 2 any person authorised by the central government under subsection 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 20. of the industries development and regulation act : after the commencement of this act, it shall not be competent for any state government or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorises any such government or local authority so to do.

section 21. of the industries development and regulation act : such administrative expenses as relate to the emoluments of officers of a development council who are appointed by or with the approval of the central government, shall be defrayed out of moneys provided by parliament.

section 24. of the industries development and regulation act : 1 1 if any person contravenes or attempts to contravene or abets the contravention of i the provisions of subsection 1 2 or subsection 4 of section 10 or of subsection 1 of section 11 or of section 11a or of subsection 1 of section 13 3 or of 4 subsections 2, 2a, 2d, 2f and 2g of section 29b, or ii any direction issued under section 16 or subsection 3 of section 18b, or iii any order made under section 18g, or iv any rule the contravention of which is made punishable under this section, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both, and, in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention. 2 if the person contravening any of the said provisions is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 3 notwithstanding anything contained in subsection 2, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 1. subs. by s. 15, ibid., for subsection 1 w.e.f. . 2. ins. by act 67 of , s. 3 w.e.f. . 3. ins. by act 71 of , s. 4 w.e.f. . 4. subs. by act 4 of , s. 4, for subsection 2 of section 29b w.e.f. .

section 23. of the industries development and regulation act : 123. decision of central government final respecting certain matters.if, for the purposes of this act, any question arises as to whether a there has been a substantial expansion of an industrial undertaking, or b an industrial undertaking is producing or manufacturing any new article, the decision of the central government thereon shall be final. 1. subs. by act 26 of , s. 14, for section 23 w.e.f.

section 26. of the industries development and regulation act : 126. power to issue directions.the central government may give directions to any state government as to the carrying into execution in the state of any of the provisions of this act or of any order or direction made thereunder. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. .

section 24a. of the industries development and regulation act : 124a. penalty for false statements.if any person, a when required by this act or by any order under this act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true or b makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any order made under this act to maintain or furnish he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees, or with both. 1. ins. by act 26 of , s. 16 w.e.f. .

section 29. of the industries development and regulation act : 129. jurisdiction of courts.1 subject to the provisions of subsection 2, no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act. 2 any magistrate or bench of magistrates empowered, for the time being, to try in a summary way the offence specified in subsection 1 of section 260 of the code of criminal procedure, 5 of ,may, on application in this behalf being made by the prosecution, try in accordance with the provisions contained in sections 262 to 265 of the said code any offence which consists of a contravention of an order made under section 8g. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. .

section 25. of the industries development and regulation act : 125. delegation of powers.1 the central government may, by notified order, direct that any power exercisable by it under this act other than the power given to it by section 162 ,18a, 18aa and 18fa shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority including in the said expressions any development council, state government or officer or authority subordinate to the central government as may be specified in the direction. 2 any power exercisable by a state government by virtue of a direction under subsection 1 may, unless otherwise provided in such direction, be exercised also by such officer or authority subordinate to that state government as it may, by notified order, specify in this behalf. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. . 2. subs. by act 72 of , s. 7, for and 18a w.e.f. .

section 28. of the industries development and regulation act : 128. burden of proof in certain cases.where any person is prosecuted for contravening any order made under section 18g which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document shall be on him. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. .

section 27. of the industries development and regulation act : 127. cognizance of offences.no court shall take cognizance of any offence punishable under this act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the indian penal code 45 of . 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. .

section 29a. of the industries development and regulation act : 129a. special provision regarding fines.notwithstanding anything contained in section 32 of the code of criminal procedure, 5 of , it shall be lawful for any magistrate of the first class and for any presidency magistrate to pass a sentence of fine exceeding one thousand rupees on any person convicted of any offence under this act. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. .

section 30. of the industries development and regulation act : show related subordinates 1 the central government may, subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the constitution of the advisory council and development councils, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling casual vacancies among members of the advisory council or a development council b the form of the statement of account to be furnished by a development council c the intervals at which, the time within which, and the manner in which the cess leviable under section 9 shall be payable and the rebate for the prompt payment of such cess d the expenses which a development council may meet from the proceeds of the cess levied under section 9 which may have been handed over to it e the appointment by or with the approval of the central government of any officers of a development council f the facilities to be provided by any industrial undertaking for the training of technicians and labour g the collection of any information or statistics in respect of any scheduled industry h the manner in which industrial undertakings may be registered under section 10 and the levy of a fee therefor i the procedure for the grant or issue of licences and permissions under 1section 11, section 11a 2section 13 or section 29b, the time within which such licences or permissions shall be granted or issued including, in particular, the publication of notices calling for applications and the holding of such public inquiry in relation thereto as may be necessary in the circumstances j the fees to be levied in respect of licences and permissions issued under this act k the matters which may be taken into account in the granting or issuing of licences and permissions, including in particular, the previous consultation by the central government with the advisory council or any development council or both in regard to the grant or issue of any such licences or permission l the procedure to be followed in making any investigation under this act m the conditions which may be included in any licences and permissions n the conditions on which licences and permissions may be varied or amended under section 12 o the maintenance of books, accounts and records relating to an industrial undertaking p the submission of special or periodical returns relating to an industrial undertaking by persons having the control of, or employed in connection with, such undertaking, and the forms in which, and the authorities to which, such returns and reports shall be submitted 3pp any matter which is to be or may be prescribed for giving effect to the provisions of chapter iiiaa or chapter iiiac q any other matter which is to be or may be prescribed under this act. 3 any rule made under this section may provide that a contravention thereof shall be punishable under section 24. 44 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 26 of , s. 18, for section 11 or section 13 w.e.f. . 2. subs. by act 71 of , s. 6, for or section 13 w.e.f. . 3. ins. by act 72 of , s. 9 w.e.f. . 4. subs. by act 4 of , s. 2 and the schedule, for subsection 4 w.e.f.

section 32.. of the industries development and regulation act : amendment of section 2, act 14 of .rep. by the repealing and amending act 36 of , s. 2 and the first schedule w.e.f. .

section 29c. of the industries development and regulation act : 129c. protection of action taken under the act.1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule or order made thereunder. 2 no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. ./

section 29b. of the industries development and regulation act : 129b. power to exempt in special cases.21 if the central government is of opinion, having regard to the smallness of the number of workers employed or to the amount invested in any industrial undertaking or to the desirability of encouraging small undertakings generally or to the stage of development of any scheduled industry, that it would not be in public interest to apply all or any of the provisions of this act thereto, it may, by notification in the official gazette, exempt, subject to such conditions as it may think fit to impose, any industrial undertaking or class of industrial undertakings or any scheduled industry or class of scheduled industries as it may specify in the notification from the operation of all or any of the provisions of this act or of any rule or order made thereunder. 32 where any notification under subsection 1 granting any exemption is cancelled, no owner of any industrial undertaking to which the provisions of section 10, section 11, section 11a or clause d of subsection 1 of section 13 would have applied, if the notification under subsection 1 had not been issued, shall carry on the business of the undertaking after the expiry of such period as may be specified in the notification cancelling the exemption except under and in accordance with a licence issued in this behalf by the central government and, in the case of a state government, except under and in accordance with the previous permission of the central government. 42a in particular, and without prejudice to the generality of the provisions of subsection 1, the central government may, if it is satisfied, after considering the recommendations made to it by the advisory committee constituted under subsection 2b, that it is necessary so to do for the development and expansion of ancillary, or small scale, industrial undertakings, by notified order, direct that any article or class of articles specified in the first schedule shall, on and from such date as may be specified in the notified order hereafter in this section referred to as the date of reservation, be reserved for exclusive production by the ancillary, or small scale, industrial undertakings hereafter in this section referred to as reserved article. 2b the central government shall, with a view to determining the nature of any article or class of articles that may be reserved for production by the ancillary, or small scale, industrial undertakings, constitute an advisory committee consisting of such persons as have, in the opinion of that government, the necessary expertise to give advice on the matter. 2c the advisory committee shall, after considering the following matters, communicate its recommendations to the central government, namely: a the nature of any article or class of articles which may be produced economically by the ancillary, or small scale, industrial undertakings b the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scale, industrial undertakings c the possibility of encouraging and diffusing entrepreneurship in industry d the prevention of concentration of economic power to the common detriment and e such other matters as the advisory committee may think fit. 2d the production of any reserved article or class of reserved articles by any industrial undertaking not being an ancillary, or small scale, industrial undertaking which, on the date of reservation, is engaged in, or has taken effective steps for, the production of any reserved article or class of reserved articles, shall, after the commencement of the industries development and regulation amendment act, 4 of , or, as the case may be, the date of reservation, whichever is later, be subject to such conditions as the central government may, by notified order, specify. 2e while specifying any condition under subsection 2d, the central government may take into consideration the level of production of any reserved article or class of reserved articles achieved, immediately before the date of reservation, by the industrial undertaking referred to in subsection 2d, and such other factors as may be relevant. 2f every person or authority, not being the central government, who, or which, is registered under section 10 or to whom, or to which, a licence has been issued or permission has been granted under section 11 for the production of any article or class of articles which has, or have, been subsequently reserved for the ancillary, or small scale, industrial undertakings, shall produce, such registration certificate, licence or permission, as the case may be, within such period as the central government may,by notified order, specify in this behalf, and the central government may enter therein all or any of the conditions specified by it under subsection 2d, including the productive capacity of the industrial undertakings and other prescribed particulars. 2g the owner of every industrial undertaking not being an ancillary or small scale, industrial undertaking which, immediately before the commencement of the industries development and regulation amendment act, 4 of , or the date of reservation, whichever is later, a was engaged in the production of any article or class of articles, which has, or have, been reserved for the ancillary, or small scale, industrial undertakings, or b had before such commencement or before the date of such reservation, as the case may be, taken effective steps for commencing the production of such reserved article or class of reserved articles, without being registered under section 10 or in respect of which a licence or permission has not been issued under section 11, shall refrain from the production of such reserved article or class of reserved articles, on and from the date of expiry of three months from such commencement or from the date of such reservation, whichever is later. 2h every notified order made under subsection 2a shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notified order or both houses agree that the notified order should not be made, the notified order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notified order. 3 the provisions of this act shall apply, so far as may be, in relation to the issue of a licence or permission to any industrial undertaking referred to in subsection 2 as they apply in relation to the issue of a licence or permission to a new industrial undertaking. 1. subs. by s. 17, ibid., for sections 25 to 29 w.e.f. . 2. section 29b renumbered as subsection 1 thereof by act 71 of , s. 5 w.e.f. . 3. ins. by act 71 of , s. 5 w.e.f. . 4. ins. by act 4 of , s. 5 w.e.f.

section 29e. of the industries development and regulation act : 129e. validation. notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any power exercised, or action taken or done or purported to have been taken or done, by the central government or, as the case may be, the state government, shall be deemed to be, and shall always deemed to have been, for all purposes, as validly taken or done or omitted to be done, as if the amendment made to the first schedule by the industries development and regulation amendment act, had been in force at all material times and no suit or claim or other proceedings shall be instituted, maintained or continued in any court, tribunal or other authority as such. 1. ins. by act 27 of , s. 2 w.e.f. .

section 31. of the industries development and regulation act : the provisions of this act shall be in addition to and not, save as otherwise expressly provided in this act, in derogation of any other central act for the time being in force, relating to any of the scheduled industries.

section 29d. of the industries development and regulation act : 129d. debts incurred by the authorised person to have priority.every debt arising out of any loan obtained by the authorised person for carrying on the management of, or exercising function of control in relation to, an industrial undertaking or part thereof, the management of which has been taken over under section 18a or section 18aa or section 18fa, a shall have priority over all other debts, whether secured or unsecured, incurred before the management of such industrial undertaking was taken over b shall be a preferential debt within the meaning of section 530 of the companies act, 1 of , and such debts shall rank equally among themselves and be paid in full out of the assets of the industrial undertakings unless such assets are insufficient to meet them, in which case they shall abate in equal proportions. 1. ins. by act 72 of , s. 8 w.e.f. .

section 8. of the deposit insurance and credit guarantee corporation act : 1 the board may constitute an executive committee consisting of such number of directors as may be prescribed. 2 the executive committee shall discharge such functions as may be prescribed or may be delegated to it by the board. 3 the board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit for the purpose of discharging such of its functions as may be prescribed or may be delegated to them by the board. 4 a committee constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 5 the members of a committee other than directors of the board shall be paid by the corporation such fees and allowances for attending its meetings and for attending to any other work of the corporation as may be prescribed.

The Deposit Insurance and Credit Guarantee Corporation Act, 1961

section 7. of the deposit insurance and credit guarantee corporation act : 1 the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 2 the chairman or, if for any reason he is unable to attend the director nominated under clause b of subsection 1 of section 6 shall preside at meetings of the board and, in the event of equality of votes, shall have a second or casting vote.

section 1. of the deposit insurance and credit guarantee corporation act : 1 this act may be called 1the deposit insurance and credit guarantee corporation act, . 2 it extend to the whole of india. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by s. 8, ibid., for the deposit insurance corporation w.e.f. . 2. 1st january, , vide notification no. g.s.r. 18, dated 28th december, , see gazette of india, part ii, sec. 3i.

section 2. of the deposit insurance and credit guarantee corporation act : in this act, unless the context otherwise requires, a banking means the accepting for the purpose of lending or investment, of deposits of money from the public repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise b banking company means any company which transacts the business of banking in india and includes the state bank 1and a subsidiary bank, but does not include the 2tamil nadu industrial investment corporation limited. explanation.any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause c board means the board of directors constituted under section 6 d company means any company as defined in section 3 of the companies act, 1 of and includes a foreign company within the meaning of section 591 of that act 3dd cooperative bank means a state cooperative bank, a central cooperative bank and a primary cooperative bank e corporation means 4the deposit insurance and credit guarantee corporation established under section 3 5ee corresponding new bank means a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or, as the case may be, under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of 6eea credit institution means all or any of the following, namely: i a banking company ii a corresponding new bank iii a regional rural bank iv a cooperative bank v a financial institution f defunct banking company means a banking company i which has been prohibited from receiving fresh deposits or ii which has been ordered to be wound up or iii which has transferred all its deposit liabilities in india to any other institution or iv which has ceased to be a banking company within the meaning of subsection 2 of section 36a of 7the banking regulation act, 10 of , or has converted itself into a nonbanking company or v in respect of which a liquidator has been appointed in pursuance of a resolution for the voluntary winding up of its affairs or vi in respect of which any scheme of compromise or arrangement or of reconstruction has been sanctioned by any competent authority and the said scheme does not permit the acceptance of fresh deposits or vii which has been granted a moratorium which is in operation or viii in respect of which an application for the winding up of its affairs is pending in a 8competent court or 9ix in respect of which any direction, prohibition, order or scheme referred to in subsection 1 of section 18a is issued or made 10ff defunct cooperative bank means a cooperative bank i which has been prohibited from receiving fresh deposits or ii which has been ordered or directed to be wound up or iii which has transferred all its deposit liabilities in india to any other institution or iv which has ceased to be a cooperative bank within the meaning of subsection 2 of section 36a of the banking regulation act 10 of or v which has converted itself into a nonbanking cooperative society or vi in respect of which any scheme of compromise or arrangement or of reconstruction has been sanctioned under any law for the time being in force and such scheme does not permit the acceptance of fresh deposits or vii which has been granted a moratorium which is in operation or viii in respect of which an application for winding up is pending before the registrar of cooperative societies or other competent authority under any law relating to cooperative societies for the time being in force 11in a stateor 12ix in respect of which any direction, prohibition, order or scheme referred to in subsection 1 of section 18a is issued or made g deposit means the aggregate of the unpaid balances due to a depositor other than a foreign government, the central government, a state government 13 14 a corresponding new bank or 15a regional rural bank or a banking company or a cooperative bank in respect of all his accounts by whatever name called, 16 17 with a corresponding new bank or 18with a regional rural bank or with a banking company or a cooperative bank and includes credit balances in any cash credit account but does not include, i where 15a regional rural bank or a banking company or a cooperative bank at the commencement of this act 19or where an eligible cooperative bank at the commencement of the deposit insurance corporation amendment act, 56 of is working under a scheme of compromise or arrangement or of reconstruction sanctioned by any competent authority providing for the acceptance of fresh deposits any amount due to the depositor in respect of his deposit before the date of the coming into force of the scheme of the extent it is not credited after to the said date under the provisions of that scheme or 20ia any amount due on account of any deposit with any insured bank which has been specially exempted in this behalf by the corporation with the previous approval of the reserve bank or ii any amount due on account of any deposit received outside india 19gg eligible cooperative bank means a cooperative bank the law for the time being governing which provides that i an order for the winding up, or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction, of the bank may be made only with the previous sanction in writing of the reserve bank ii an order for the winding up of the bank shall be made if so required by the reserve bank in the circumstances referred to in section 13d iii if so required by the reserve bank in public interest or for preventing the affairs of the bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of the bank, an order shall be made for the supersession of the committee of management or other managing body by whatever name called of the bank and the appointment of an administrator therefor for such period or periods not exceeding 5 years in the aggregate as may from time to time be specified by the reserve bank iv an order for the winding up of the bank or an order sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction or an order for the supersession of the committee of management or other managing body by whatever name called of the bank and the appointment of an administrator therefor made with the previous sanction in writing or on the requisition of the reserve bank shall not be liable to be called in question in any manner and v the liquidator or the insured bank or the transferee bank, as the case may be, shall be under an obligation to repay the corporation in the circumstances to the extent and in the manner referred to in section 21 h existing banking company means a banking company carrying on the business of banking at the commencement of this act which either holds a licence at such commencement under section 22 of 21the banking regulation act, 10 of or having applied for such licence has not been informed by notice in writing by the reserve bank that a licence cannot be granted to it and includes the state bank and subsidiary bank, but does not include a defunct banking company 22hh existing cooperative bank means a cooperative bank carrying on the business of banking at the commencement of the deposit insurance corporation amendment act, 56 of , which either holds a licence at such commencement under section 22 of the banking regulation act, 10 of , or having applied for such licence has not been informed by notice in writing by the reserve bank that a licence cannot be granted to it but does not include a defunct cooperative bank 23hha financial institution means any financial institution within the meaning of clause c of section 451 of the reserve bank of india act, 2 of 24i insured bank means 25a banking company, 26or a regional rural bank 27or a corresponding new bank or an eligible cooperative bank for the time being registered under the provisions of this act and includes for the purposes of sections 16, 17, 18 and 21, 28i a banking company referred to in clause a or clause b of subsection 1 of section 13, or ia a corresponding new bank to which the provisions of clause a of subsection 1 of section 13 apply, or ii a cooperative bank referred to in clause a or clause b of section 13c, the registration whereof has been cancelled under section 13, or, as the case may be, under section 13c jinsured deposit means the deposit or any portion thereof the repayment whereof is insured by the corporation under the provisions of this act k new banking company means a banking company which begins to transact the business of banking after the commencement of this act under a licence granted to it under section the banking regulation act, 10 of 30 22kk new cooperative bank means a cooperative bank which begins to transact the business of banking after the commencement of the deposit insurance corporation amendment act, 56 of , under a licence granted to it under section 22 of the banking regulation act, 10 of , and includes a primary credit society becoming a primary cooperative bank after such commencement l premium means the sum payable by an insured bank under section 15 of this act m prescribed means prescribed by regulations made under this act 27ma regional rural bank means a regional rural bank established under section 3 of the regional rural banks act, 21 of n reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of o state bank means the state bank of india constituted under the state bank of india act, 23 of psubsidiary bank shall have the meaning assigned to it in section 2 of the state bank of india subsidiary banks act, 38 of 31q the expressions central cooperative bank, 32 and state cooperative bank shall have the meanings respectively assigned to them in the national bank for agriculture and rural development act, 61 of r the expressions 33cooperative society, primary cooperative bank and primary credit society shall have the meanings respectively, assigned to them in part v of the banking regulation act, 10 of . 1. subs. by act 1 of , s. 56, for , a subsidiary bank and any other banking institution notified under section 51 of the banking regulation act, 10 of w.e.f. . 2. subs. by act 56 of , s. 3 and the second schedule, for madras industrial investment corporation limited w.e.f. . 3. ins. by act 56 of , s. 3 w.e.f. . 4. ins. by act 21 of , s. 8 w.e.f. . 5. subs. by act 1 of , s. 56, for subclause ee w.e.f. . 6. ins. by act 21 of , s. 8 w.e.f. . 7. subs. by act 56 of , s.2, for the banking companies act, 10 of , w.e.f. . 8. subs. by act 30 of , s. 2, for competent court w.e.f. . 9. ins. by s. 2, ibid. w.e.f. . 10. ins. by act 56 of , s. 3 w.e.f. . 11. subs. by act 30 of , s. 2, for in a state. w.e.f. .1 12. ins. by s. 2, ibid. w.e.f. . 13. subs. by act 56 of , s.3, for or a banking company w.e.f. . 14. subs. by act 5 of , s. 20, for , a banking company w.e.f. . 15. subs. by act 21 of , s. 33, for a banking company w.e.f. . 16. subs. by act 56 of , s. 3, for with a banking company w.e.f. . 17. subs. by act 5 of , s. 20, for with a banking company w.e.f. . 18. subs. by act 21 of , s. 33, for with a baking company w.e.f. . 19. ins. by act 56 of , s. 3 w.e.f. . 20. ins. by act 81 of , s. 5 w.e.f. . 21. subs. by act 56 of , s. 2, for the banking companies act, w.e.f. . 22. ins. by act 56 of , s. 3 w.e.f. . 23. ins. by act 21 of , s. 8 w.e.f. . 24. subs. by act 56 of , s. 3, for clause i w.e.f. . 25. subs. by act 19 of , s. 3 and second schedule, for corresponding new bank or a banking company w.e.f. . 26. ins. by act 1 of , s. 56 w.e.f. . 27. ins. by act 21 of , s. 33 w.e.f. . 28. subs. by s. 56, ibid., for, subclause i w.e.f. . 29. subs. by act 56 of , s. 2, for the banking companies act, w.e.f. . 30.the words and figures , and includes any banking institution notified under section 51 of the said act after such commencement omitted by act 1 of , s. 56 w.e.f. . 31. subs. by act 61 of , s. 61 and the second schedule, for clause q w.e.f. . 32. the words cooperative society omitted by act 24 of , s. 3 w.e.f. . 33. subs. by s. 3, ibid., for primary cooperative bank w.e.f. .

section 9. of the deposit insurance and credit guarantee corporation act : the directors of the board shall be paid by the corporation such fees and allowances for attending the meetings of the board or of any its committees and for attending to any other work of the corporation as may be prescribed: provided that no fees shall be payable to the chairman or to the director nominated under clause b of clause c of subsection 1 of section 6.

section 4. of the deposit insurance and credit guarantee corporation act : 14. capital of corporation.1 the authorised capital of the corporation shall be one crore of rupees but the central government may, in consultation with the reserve bank, increase such capital from time to time, so, however, that the total authorised capital shall not exceed 2fifty crores of rupees. 2 the 3issued capital for the time being of the corporation shall be fully paidup and shall stand allotted to the reserve bank. 1. subs. by act 56 of , s. 4, for section 4 w.e.f. . 2. subs. by act 1 of , s. 57, for fifteen crores w.e.f. . 3. subs. by act 21 of , s. 8, for authorised capital w.e.f. .

section 3. of the deposit insurance and credit guarantee corporation act : 1 the central government shall, by notification in the official gazette, establish a corporation by the name of the deposit insurance corporation which shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold or dispose of property and to contract, and may, by the said name, sue or be sued. 11a any reference in this act to the deposit insurance corporation shall, on and from the date on which chapter ii of the deposit insurance corporation amendment and miscellaneous provisions act, 21 of , comes into force, be construed as a reference to the deposit insurance and credit guarantee corporation. 2 the head office of the corporation shall be at bombay, but it may, with the previous sanction of the reserve bank, establish branches or agencies in any other place in india. 1. ins. by act 21 of , s. 8 w.e.f. .

section 11. of the deposit insurance and credit guarantee corporation act : the corporation shall register every new banking company as an insured bank as soon as may be after it is granted a licence under section 22 of the 1banking regulation act, 10 of , 2 1. subs. by s. 2, ibid., for the banking companies act, w.e.f. . 2. the words and figures , or, as the case may be, after it is notified under section 51 of the said act omitted by act 1 of , s. 59 w.e.f. .

section 5. of the deposit insurance and credit guarantee corporation act : the general superintendence, direction and the management of the affairs and business of the corporation shall vest in a board of directors which may exercise all powers and do all acts and things which may be exercised or done by the corporation.

section 13. of the deposit insurance and credit guarantee corporation act : 11 the registration of a banking company as an insured bank shall stand cancelled on the occurrence of any of the following events, namely: a if it has been prohibited from receiving fresh deposits or b if it has been informed by notice in writing by the reserve bank that its licence has been cancelled under section 22 of 2the banking regulation act, 10 of or that a licence under that section cannot be granted to it or c if it has been ordered to be wound up or d if it has transferred all its deposit liabilities in india to any other institution or e if it has ceased to be a banking company within the meaning of subsection 2 of section 36a of 2the banking regulation act, 10 of or has converted itself into a nonbanking company or f if a liquidator has been appointed in pursuance of a resolution for the voluntary winding up of its affairs or g if in respect of it any scheme of compromise or arrangement or of reconstruction has been sanctioned by any competent authority and the said scheme does not permit the acceptance of fresh deposits or h if it has amalgamated with any other banking institution. 32 the provisions of clauses a, 4 c, d and h of subsection 1 shall apply to a corresponding new bank as they apply to a banking company. 53 the provisions of clauses a, 4 c, d and h of subsection 1 shall apply to a regional rural bank as they apply to a banking company. 1. section 13 renumbered as subsection 1 thereof by act 5 of , s. 20 w.e.f. . 2. subs. by act 56 of , s. 2, for the banking companies act, w.e.f. . 3. ins. by act 5 of , s. 20 w.e.f. . 4. the brackets and letter b, omitted by 1 of , s. 60 w.e.f. . 5. ins. by act 21 of , s. 33 w.e.f. .

section 6. of the deposit insurance and credit guarantee corporation act : 1 the board of directors of the corporation shall consist of the following, namely: 1a the governor, for the time being, of the reserve bank or, if the reserve bank, in pursuance of the decision of the committee of the central board of directors of that bank, nominates any deputy governor for the purpose, the deputy governor so nominated, who shall be the chairman of the board b 2a deputy governor or any other officer of the reserve bank nominated by that bank c an officer of the central government nominated by that government 3d five directors nominated by the central government in consultation with the reserve bank, three of whom shall be persons having special knowledge of commercial banking, insurance, commerce, industry or finance and two of whom shall be persons having special knowledge of, or experience in, cooperative banking or cooperative movement and none of the directors shall be an officer of government or of the reserve bank or an officer or other employee of the corporation or a director, an officer or other employee of a banking company or a cooperative bank or otherwise actively connected with a banking company or a cooperative bank. 4e four directors, nominated by the central government in consultation with the reserve bank, having special knowledge or practical experience in respect of accountancy, agriculture and rural economy, banking, cooperation, economics, finance, law or smallscale industry or any other matter, the special knowledge of, and practical experience in which, is likely, in the opinion of the central government to be useful to the corporation. 52i. a director nominated under clause b or clause c 6or clause d or clause e of subsection 1 shall hold office during the pleasure of the authority nominating him and 7ii subject to the provisions contained in clause i, a director nominated under clause d or clause e of subsection 1, shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalf, 8 and shall be eligible for renomination: provided that no such director shall hold office continuously for a period exceeding six years. 3 a person shall not be capable of being nominated as a director under clause d 9or clause e of subsection 1 if a he has been removed or dismissed from the service of government or of a local authority or of a corporation or company in which not less than fiftyone per cent. of the paidup share capital is held by government or b he is or at any time has been adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors or c he is of unsound mind and stands so declared by a competent court or d he has been convicted of any offence which, in the opinion of the central government, involves moral turpitude. 4 if a director nominated under clause d of subsection 1 a becomes subject to any of the disqualifications mentioned in clauses a to d of subsection 3 or b is absent without leave of the board for more than three consecutive meetings thereof or c becomes a director or an officer or an employee of an insured bank or is, in the opinion of the central government, otherwise actively connected with such bank or d becomes an officer or other employee of government or of the reserve bank or of the corporation his seat shall thereupon become vacant. 105 if a director nominated under clause e of subsection 1 a becomes subject to any of the disqualifications mentioned in clauses a to d of subsection 3 or b is absent without leave of the board for more than three consecutive meetings thereof, his seat shall thereupon becomes vacant. 1. subs. by s. 8, ibid., for clause a w.e.f. . 2. subs. by act 56 of , s. 5, for a deputy governor w.e.f. . 3. subs. by act 56 of , s. 5, for clause d w.e.f. . 4. ins. by act 21 of , s. 8 w.e.f. . 5. subs. by act 1 of , s. 58, for subsection 2 w.e.f. . 6. ins. by act 66 of , s. 24 w.e.f. . 7. subs. by s. 24, ibid., for clause ii w.e.f. . 8. the words and thereafter until his successor assumes office omitted by act 45 of , s. 17 w.e.f. . 9. ins. by act 1 of , s. 58 w.e.f. . 10. ins. by act 1 of , s. 58 w.e.f. .

section 13b. of the deposit insurance and credit guarantee corporation act : 113b. registration of defunct cooperative banks.every cooperative bank being a defunct cooperative bank at the commencement of the deposit insurance corporation amendment act, 56 of , by reason of subclause vii or subclause viii of clause ff of section 2 shall, unless it becomes a defunct cooperative bank under any other subclause of that clause, be registered by the corporation as an insured bank as soon as may be after the termination of the order of moratorium, or as the case may be, the rejection or dismissal of the application for its winding up provided it is an eligible cooperative bank and it either holds a licence granted under section 22 of the banking regulation act, 10 of , or having applied for such licence in accordance with that section, has not been informed by notice in writing by the reserve bank that a licence cannot be granted to it. 1. ins. by act 56 of , s. 7 w.e.f. .

section 10. of the deposit insurance and credit guarantee corporation act : 110. registration of existing banking companies.the corporation shall register every existing banking company as an insured bank before the expiry of thirty days from the date of commencement of this act. 1. ins. by act 56 of , s. 6 w.e.f. .

section 13d. of the deposit insurance and credit guarantee corporation act : 113d. circumstances in which reserve bank may require winding up of cooperative banks.1 the circumstances referred to in subclause ii of clause gg of section 2 being circumstances in which the reserve bank may require the winding up of a cooperative bank are the following, namely: a that the cooperative bank has failed to comply with the requirements specified in section 11 of the banking regulation act, 10 of or b that the cooperative bank has by reason of the provisions of section 22 of the said act become disentitled to carry on banking business in india or c that the cooperative bank has been prohibited from receiving fresh deposits by an order under subsection 4 of section 35 of the said act or under clause b of subsection 3a of section 42 of the reserve bank of india act, 2 of or d that the cooperative bank having failed to comply with any requirement of the banking regulation act, 10 of , other than the requirements laid down in section 11 thereof, has continued such failure or, having contravened any provision of that act has continued such contravention beyond such period or periods as may be specified in that behalf by the reserve bank from time to time, after notice in writing of such failure or contravention has been conveyed to the cooperative bank or e that the cooperative bank is unable to pay its debts or f that in the opinion of the reserve bank i a compromise or arrangement sanctioned by a competent authority in respect of the cooperative bank cannot be worked satisfactorily with or without modifications, or ii the continuance of the cooperative bank is prejudicial to the interests of its depositors. 2 without prejudice to the provisions of any other law for the time being in force, a cooperative bank shall, for the purpose of clause e of subsection 1, be deemed to be unable to pay its debts: i if, on the basis of the returns, statements or information furnished to the reserve bank under or in pursuance of the provisions of the banking regulation act, 10 of , the reserve bank is of opinion that the cooperative bank is unable to pay its debts or ii if the cooperative bank has refused to meet any lawful demand made at any of its offices or branches within two working days, if such demand is made at a place where there is an office, branch or agency of the reserve bank, or within five working days if such demand is made elsewhere and, in either case, the reserve bank certifies in writing that the cooperative bank is unable to pay its debts. 1. ins. by act 56 of , s. 7 w.e.f. .

section 11a. of the deposit insurance and credit guarantee corporation act : 111a. registration of regional rural banks.the corporation shall register every regional rural bank, before the expiry of thirty days from the date of its establishment. 1. ins. by act 21 of , s. 33 w.e.f. .

section 14. of the deposit insurance and credit guarantee corporation act : 1 where the corporation has registered any 1 2banking company, regional rural bank or cooperative bank as an insured bank, it shall, within thirty days of its registration, send an intimation in writing to the 12banking company, regional rural bank or cooperative bank that it has been registered as an insured bank. 2 every such intimation shall indicate the manner in which the premium payable by the bank under section 15 may be calculated. 1. subs. by act 56 of , s. 8, for banking company w.e.f. . 2. subs. by act 21 of , s. 33, for banking company w.e.f. .

section 15a. of the deposit insurance and credit guarantee corporation act : 115a. cancellation of registration of an insured bank for nonpayment of premium.1 the corporation may cancel the registration of an insured bank if it fails to pay the premium for three consecutive periods: provided that no such registration shall be cancelled except after giving to the concerned bank one months notice in writing calling upon that bank to pay the amount in default. 2 the corporation may restore the registration of a bank whose registration has been cancelled under subsection 1, if the concerned bank requests the corporation to restore the registration and pays all the amounts due by way of premia from the date of default till the date of payment together with interest due thereon on the date of payment: provided that the corporation shall not restore the registration unless it is satisfied, on an inspection of the concerned bank or otherwise, that it is eligible to be registered as an insured bank. 1. ins. by act 21 of , s. 8 w.e.f. .

section 12. of the deposit insurance and credit guarantee corporation act : every banking company being a defunct banking company at the commencement of this act, by reason of subclause vii or subclause viii of clause f of section 2 shall, unless it becomes a defunct banking company under any other subclause of that clause, be registered by the corporation as an insured bank as soon as may be after the termination of the order moratorium or, as the case may be, the rejection of the application for its winding up.

section 13a. of the deposit insurance and credit guarantee corporation act : 113a. registration of cooperative banks.1 no cooperative bank shall be registered under this section unless it is an eligible cooperative bank. 2 subject as aforesaid a the corporation shall register every existing cooperative bank as an insured bank before the expiry of thirty days next following the commencement of the deposit insurance corporation amendment act, 56 of b the corporation shall register as an insured bank i every new cooperative bank other than a primary credit society becoming a primary cooperative bank after the commencement of the deposit insurance corporation amendment act, 56 of as soon as may be after it is granted a licence under section 22 of the banking regulation act, 10 of ii a primary credit society becoming a primary cooperative bank after such commencement within three months of its having made an application for a licence under the said section: provided that a bank referred to in clause b shall not be so registered if it has been informed by notice in writing by the reserve bank that such a licence cannot be granted to it. 2iii every cooperative bank which has come into existence after the commencement of the deposit insurance corporation amendment act, 56 of , as a result of the division of any other cooperative society carrying on business as a cooperative bank, or the amalgamation of two or more cooperative societies carrying on banking business, at the commencement of the banking laws application to cooperative societies act, 23 of , or at any time thereafter, within three months of its having made an application for a licence under the said section 1. ins. by act 56 of , s. 7 w.e.f. . 2. ins. by act 1 of , s. 61 w.e.f. .

section 13c. of the deposit insurance and credit guarantee corporation act : 113c. cancellation of registration of cooperative banks.the registration of a cooperative bank as an insured bank shall stand cancelled on the occurrence of any of the following events, namely: a if it has been prohibited from accepting fresh deposits or b if it has been informed by notice in writing by the reserve bank that its licence has been cancelled under section 22 of the banking regulation act, 10 of , or a licence under that section cannot be granted to it or c if it has been ordered or directed to be wound up or d if it has transferred all its deposit liabilities in india to any other institution or e if it has ceased to be a cooperative bank within the meaning of subsection 2 of section 36a of the banking regulation act, 10 of or f if it has converted itself into a nonbanking cooperative society or g if in respect of it any scheme of compromise or arrangement or of reconstruction has been sanctioned by a competent authority and the said scheme does not permit the acceptance by it of fresh deposits or h if it has been amalgamated with any other cooperative society or i if it ceases to be an eligible cooperative bank, that is, if the law for the time being governing such cooperative bank does not provide for all or any of the matters referred to in clause gg of section 2. 1. ins. by act 56 of , s. 7 w.e.f. .

section 15. of the deposit insurance and credit guarantee corporation act : 1 every insured bank shall, so long as it continues to be registered, be liable to pay a premium to the corporation on its deposits at such rate or rates as may 1with the previous approval of the reserve bank, be notified by the corporation, from time to time, to the insured banks and different rates may be notified for different categories of insured banks: provided that the premium payable by any insured bank for any period shall not exceed fifteen paisa per annum for every hundred rupees of the total amount of the deposits in that bank at the end of that period or, where its registration has been cancelled during that period, on the date of its cancellation: 2provided further that the corporation may, having regard to its financial position and to the interests of the banking system of the country as a whole, and with previous approval of the reserve bank of india, from time to time, raise the aforesaid limit of fifteen paisa per annum for every hundred rupees of the total amount of the deposits in that bank: provided also that where the registration of any insured bank is cancelled under section 13 3or under section 13c such cancellation shall not affect the liability of that bank for payment of premium for the period before such cancellation and of any interest due under the provisions of this section. 2 the premium shall be payable for such periods, at such times and in such manner as may be prescribed. 3 if an insured bank makes any default in payment of any amount of premium, it shall, for the period of such default, be liable to pay to the corporation interest on such amount at such rate 4not exceeding eight per cent. over and above the bank rate as may be prescribed. 1. subs. by act 21 of , s. 8, for certain words w.e.f. . 2. subs. by act 30 of , s. 3, for provided further that w.e.f. . 3. ins. by act 56 of , s. 9 w.e.f. . 4. subs. by act 21 of , s. 8, for not exceeding eight per cent. per annum as may be prescribed w.e.f. .

section 16. of the deposit insurance and credit guarantee corporation act : 1 where an order for the winding up or liquidation of an insured bank is made, the corporation shall, subject to the other provisions of this act, be liable to pay to every depositor of that bank in accordance with the provisions of section 17 an amount equal to the amount due to him in respect of his deposit in that bank at the time when such order is made: provided that the liability of the corporation in respect of an insured bank referred to in clause a or clause b 1of subsection 1 of section 13 2or clause a or clause b of section 13c shall be limited to the deposits as on the date of the cancellation of the registration: provided further that the total amount payable by the corporation to any one depositer in respect of his deposit in that bank in the same capacity and in the same right shall not exceed one thousand and five hundred rupees: provided further that the corporation may, from time to time, having regard to its financial position and to the interests of the banking system of the country as a whole, raise, with the previous approval of the central government, the aforesaid limit of one thousand and five hundred rupees. 2 where in respect of an insured bank a scheme of compromise or arrangement or of reconstruction or amalgamation has been sanctioned by any competent authority and the said scheme provides for each depositor being paid or credited with, on the date on which the scheme comes into force, an amount which is less than the original amount and also the specified amount, the corporation shall be liable to pay every such depositor in accordance with, the provisions of section 18 an amount equivalent to the difference between the amount so paid or credited and the original amount, or the difference between the amount so paid or credited and the specified amount, whichever is less: provided that where any such scheme also provides that any payment made to a depositor before the coming into force of the scheme shall be reckoned towards the payment due to him under that scheme, then the scheme shall be deemed to have provided for that payment being made on the date of its coming into force. 3 for the purposes of this section, the amount of a deposit shall be determined after deducting therefrom any ascertained sum of money which the insured banks may be legally entitled to claim by way of set off against the depositor in the same capacity and in the same right. 4 in this section, a original amount in relation to a depositor means the total amount due by the insured bank immediately before the date of coming into force of the scheme of compromise or arrangement or, as the case may be, of reconstruction or amalgamation to the depositor in respect of his deposit in the bank in the same capacity and in the same right: provided that where under the proviso to subsection 2, the scheme is deemed to have provided for any payment being made on the date of its coming into force the amount of such payment shall be included in calculating the original amount b specified amount means one thousand and five hundred rupees, or, as the case may be, the amount fixed by the corporation under the third proviso to subsection 1. 1. subs. by act 1 of , s. 62, for of section 13 w.e.f. . 2. ins. by act 56 of , s. 10 w.e.f. .

section 17. of the deposit insurance and credit guarantee corporation act : 1 where an insured bank has been ordered to be wound up or to be taken into liquidation and a liquidator, by whatever name called, has been appointed in respect thereof, the liquidator shall, with the lest possible delay and in any case not later than three months from the date of his assuming charge of office, furnish to the corporation a list in such form and manner as may be specified by the corporation showing separately the deposits in respect of each depositor and the amounts of set off referred to in subsection 3 of section 16. 2 before the expiry of two months from the receipt of such list from the liquidator the corporation shall pay 1the amount payable under section 16 in respect of the deposit of each depositor a directly to the depositor, or b to the depositor through such agency as the corporation may determine, or c to the liquidator. 23 where the corporation pays under subsection 2, any amount in respect of the deposit of a depositor to the liquidator, the liquidator shall pay or cause to be paid that amount to the depositor and any expenses incurred by the liquidator in making such payment shall be treated as expenses incurred in the winding up of the insured bank. 1. subs. by act 56 of , s. 11, for certain words w.e.f . 2. ins. by s. 11, ibid. w.e.f. .

section 18. of the deposit insurance and credit guarantee corporation act : 1 where a scheme of amalgamation of any insured bank with any other banking institution hereinafter referred to as the transferee bank or a scheme of compromise or arrangement or of reconstruction in respect of such bank has been sanctioned and the corporation has become liable to pay to depositors of the insured bank under subsection 2 of section 16, the transferee bank where the scheme is of amalgamation and the insured bank in any other case shall, with the least possible delay and in any case not later than three months from the date on which such scheme takes effect, furnish to the corporation a list in such form and manner as may be specified by the corporation and certified to be correct by the chief executive officer of the transferee bank or, as the case may be, of the insured bank showing separately deposits in respect of each depositor and the amounts of set off referred to in subsection 3 of section 16 and also the amounts paid or credited or deemed to have been paid under the scheme. 2 before the expiry of two months from the receipt of such list, the corporation shall pay the amount payable under section 16 either directly to the depositor or to the transferee bank or the insured bank for being credited in his account.

section 21a. of the deposit insurance and credit guarantee corporation act : 121a. guaranteeing of credit facilities and indemnifying credit institutions.1 the corporation may guarantee credit facilities given by any credit institution and may also indemnify credit institutions in respect of credit facilities granted by them. 2 the board may, for the purpose of guaranteeing credit facilities granted by credit institutions or indemnifying credit institutions, frame one or more schemes in such form and in such manner and containing such provisions as the board may, from time to time, deem fit. 3 the board may levy, on every credit institution availing itself of the guarantees or indemnities provided by the corporation, a fee at such rate or rates as may, with the previous approval of the reserve bank, be notified by the corporation to the credit institution from time to time and different rates may be notified for different categories of credit institutions, for different types of credit facilities, for different areas where the credit facilities are utilised, or for different categories of beneficiaries of the credit facilities. explanation.credit facility means any financial assistance, including a loan or advance, cash credit, overdraft, bills purchased or discounted, a term of instalment credit and any guarantee other than a performance guarantee, granted or issued in india by a credit institution at any of its offices in india. 1. ins. by act 21 of , s. 8 w.e.f. .

section 18a. of the deposit insurance and credit guarantee corporation act : 118a. liability of corporation to make interim payment to depositors of insured bank.1 where, in respect of an insured bank, i any direction is issued or any prohibition or order or scheme is made under any of the provisions of the banking regulation act, 10 of and ii such direction, prohibition, order or scheme provides for restrictions on depositors of such bank from accessing their deposits, then, without prejudice to the provisions of sections 16 to 18, the corporation shall, on the date on which such direction, prohibition, order or scheme takes effect, become liable to pay to every such depositor an amount equivalent to the amount payable by the corporation to the depositor under section 16. 2 a list showing the outstanding deposits of each depositor of the insured bank, as on the date on which the direction, prohibition, order or scheme referred to in subsection 1 takes effect, shall be furnished by such insured bank within fortyfive days of such date of effect, in such form and manner as may be specified by the corporation and certified to be correct by the chief executive officer of the insured bank. 3 the corporation shall, within thirty days of the date of receipt of the list under subsection 2, verify, through an online platform, to the extent possible, or in accordance with such procedure, as may be prescribed, the genuineness and authenticity of the claims made therein, and ascertain the willingness of each depositor to receive the amount due to him out of his deposit in the insured bank. 4 subject to the provisions of subsection 7, the corporation shall, before the expiry of fifteen days from the date of completion of the verification under subsection 3, pay to the depositors who have affirmed their willingness thereunder, the amount payable under subsection 1 either directly, or get it credited in the account of the depositors through the insured bank: provided that the total period of time between the date when the corporation becomes liable to pay to the depositor and the date of payment to the depositor shall not, subject to the provisions of subsection 7, exceed ninety days: provided further that any amount paid by the insured bank to the depositor during the period between the date on which the direction, prohibition, order or scheme referred to in subsection 1 takes effect and the date of payment to the depositor, shall be appropriately reckoned by the insured bank before crediting such amount in depositors account. 5 any amount paid by the corporation under subsection 4 in respect of a deposit shall, to the extent of the amount so paid, discharge the insured bank from its liability to the depositor in respect of that deposit, but the insured bank shall become liable to the corporation in respect of the amount paid by the corporation. 6 where, in respect of an insured bank, i any direction, prohibition, order or scheme under any of the provisions of the banking regulation act, 10 of providing for suspension of business of the insured bank is already in force as on the date of commencement of the deposit insurance and credit guarantee corporation amendment act, and ii such direction, prohibition, order or scheme provides for restrictions on the amounts to be paid by the insured bank to each of its depositors, then, notwithstanding anything contained in any other law for the time being in force, the corporation shall, on and from the date of commencement of the deposit insurance and credit guarantee corporation amendment act, , become liable to pay to each depositor of such insured bank, an amount equivalent to the amount payable by the corporation to the depositor under subsection 1 of section 16, and the time limit specified in subsections 2 to 4 herein for such payment shall be computed from that date. 7 notwithstanding anything contained in subsections 1 to 6, in cases where, a the reserve bank finds it expedient in the interest of finalising a scheme of amalgamation of the insured bank with other banking institution or a scheme of compromise or arrangement or of reconstruction in respect of such insured bank, and communicates to the corporation accordingly, the date on which the corporation shall become liable to pay every depositor of such insured bank may further be extended by a period not exceeding ninety days b the restrictions on payment to depositors are removed by the reserve bank at any time before payment to depositors by the corporation under subsection 4, and the insured bank or the transferee bank is in a position to make payments to its depositors on demand without any restrictions, the corporation shall not be liable to make payment to the depositors of such insured bank. 1. ins. by act 30 of , s. 4 w.e.f. .

section 21b. of the deposit insurance and credit guarantee corporation act : 121b. corporation to act as agent of central government.the corporation may act as agent for the central government, i in guaranteeing the due performance by any smallscale industrial concern or other institution or undertaking or categories of institutions or undertakings approved by the central government in this behalf, of its, or their, obligations to any credit institution in respect of loans and advances made or other credit facilities provided to it, or them, by such credit institution, and ii in making, as such agent, of payments in connection with such guarantee. 1. ins. by act 21 of , s. 8 w.e.f. .

section 19. of the deposit insurance and credit guarantee corporation act : any amount paid by the corporation under section 17 or section 18 1or section 18a in respect of a deposit shall, to the extent of the amount paid, discharge the corporation from its liability in respect of that deposit. 1. ins. by act 30 of , s. 5 w.e.f. .

section 20. of the deposit insurance and credit guarantee corporation act : where any depositor to whom any payment is to be made in accordance with the provisions of section 17 or section 18 1or section 18a cannot be found or is not readily traceable, adequate provision shall be made by the corporation for such payment and the amount of such provision shall be accounted for separately in its books. 1. ins. by act 30 of ,s. 6 w.e.f. .

section 21. of the deposit insurance and credit guarantee corporation act : 1 where any amount has been paid under section 17 or section 18 1or section 18a or any provision therefore has been made under section 20, the corporation shall furnish to the liquidator or the insured bank or to the transferee bank, as the case may be, information as regards the amount so paid or provided for. 2 on receipt of the information under subsection 1, notwithstanding anything to the contrary contained in any other law for the time being in force, a the liquidator shall, within such time and in such manner as may be prescribed, repay to the corporation out of the amount, if any, payable by him in respect of any deposit such sum or sums as make up the amount paid or provided for by the corporation in respect of that deposit b the insured bank or as the case may be, the transferee bank shall, within such time and in such manner as may be prescribed, repay to the corporation out of the amount, if any, to be paid or credited in respect of any deposit after the date of the coming into force of the scheme referred to in section 18, such sum or sums as make up the amount paid or provided for by the corporation in respect of that deposit. 1. ins. by act 30 of . s. 7 w.e.f. .

section 22. of the deposit insurance and credit guarantee corporation act : 122. funds of corporation.the corporation shall maintain three funds, to be called, respectively, the deposit insurance fund, the credit guarantee fund and the general fund. 1. subs. by s. 8, ibid., for section 22 w.e.f. .

section 27. of the deposit insurance and credit guarantee corporation act : 127. advances from general fund to the deposit insurance fund or credit guarantee fund.if, at any time, the amount available in the deposit insurance fund or the credit guarantee fund is insufficient to meet the requirements of that fund, the corporation may transfer, on such terms and for such period as may be determined by the board with the approval of the reserve bank, from any of the other two funds, referred to in section 22, such amount as may be necessary to meet the requirements of the deposit insurance fund or the credit guarantee fund, as the case may be. 1. subs. by s. 8, ibid., for section 27 w.e.f. .

section 23. of the deposit insurance and credit guarantee corporation act : 1 to the deposit insurance fund shall be credited, a all amounts received by the corporation as premium b all amount received by the corporation under section 21 c the amount advanced by the reserve bank under section 26 d all amounts transferred to that fund from the general fund 1or the credit guarantee fund under section 27 and e all income arising from the investments made out of that fund. 2 the said fund shall be applied a to make payments in respect of insured deposits b to meet liability in respect of an advance taken under section 26, 2 c to meet liability in respect of the amounts referred to in clause d of subsection 1 3and 1d to meet the whole or any part of the liability on account of the depreciation in assets, contributions to staff superannuation and other funds or other expenses incurred or to be incurred by the corporation, as may be decided by the board. 1. ins. by act 21 of , s. 8 w.e.f. . 2. the word and omitted by s. 8, ibid. w.e.f. . 3. added by s. 8, ibid. w.e.f. .

section 23a. of the deposit insurance and credit guarantee corporation act : 123a. credit guarantee fund.1 to the credit guarantee fund shall be credited, a all amounts in the reserve for unexpired guarantee risks maintained by the credit guarantee corporation of india limited, a company formed and registered under the companies act, 1 of , and having its registered office at bombay b all amounts received by the corporation as fees for guarantees and indemnities taken over or given by it c all amounts received by the corporation in respect of guarantees and indemnities taken over or given by it d all amounts transferred to that fund from the deposit insurance fund or the general fund under section 27 and e all income arising from the investments made out of that fund. 2 the said fund shall be applied a to make payments in respect of guarantees and indemnities taken over or issued by the corporation b to meet any liability in respect of the amount referred to in clause d of subsection 1 c to meet the whole or any part of the liability on account of depreciation in assets, contributions to staff superannuation and other funds, or other expenses incurred or to be incurred by the corporation, as may be decided by the board 1. ins. by act 21 of , s. 8 w.e.f. .

section 24. of the deposit insurance and credit guarantee corporation act : all receipts of the corporation other than those referred to in subsection 1 of section 23 1or in subsection 1 of section 23a shall be credited to the general fund and all payments by the corporation other than those referred to in subsection 2 1of section 23, or, as the case may be, subsection 2 of section 23a shall be made out of that fund. 1. ins. by act 21 of , s. 8 w.e.f. .

section 28., by corporation. of the deposit insurance and credit guarantee corporation act : 1 the balancesheet and accounts of the corporation shall be prepared and maintained in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the corporation to be balanced and closed as on the 31st day of december 1or such other date in each year as the central government may, by notification in the official gazette, specify: 2provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provision as it considers necessary or expedient for the balancing and closing of, or for other matters relating to, the books or accounts in respect of the concerned years. 1. subs. by act 66 of , s. 25, for , each year w.e.f. . 2. ins. by s. 25, ibid. w.e.f. .

section 25a. of the deposit insurance and credit guarantee corporation act : 125a. amounts in one fund may be transferred to the other fund or may be utilised for other purposes.notwithstanding anything contained in this act, the board may a transfer any amount from the deposit insurance fund to the credit guarantee fund or from the credit guarantee fund to the deposit insurance fund, or b utilise any money standing to the credit of either of the said funds, for such purposes as it may think fit, if it is satisfied that the balance in the fund, after such transfer or utilisation, will be adequate to meet any probable claim on that fund. 1. ins. by act 21 of , s. 8 w.e.f. .

section 25. of the deposit insurance and credit guarantee corporation act : all moneys belonging to the deposit insurance fund 1or the credit guarantee fund or the general fund which may not for the time being be required by the corporation shall be invested in promissory notes, stock or securities of the central government and all other moneys shall be deposited with the reserve bank. 1. ins. by act 21 of , s. 8 w.e.f. .

section 26. of the deposit insurance and credit guarantee corporation act : 1 the reserve bank shall, from time to time, advance to the corporation on a request by it such sum or sums as may be required by the corporation for the purposes of the deposit insurance fund 1or the credit guarantee fund: provided that the total amount outstanding at any one time on account of such advances shall not exceed five crores of rupees. 2 the terms and conditions of any advance under this section shall be such as may be determined by the reserve bank with the approval of the central government. 1. ins. by act 21 of , s. 8 w.e.f. .

section 30. of the deposit insurance and credit guarantee corporation act : 130. incometax21 notwithstanding anything contained in the indian incometax act, 43 of , the corporation shall not be liable to pay any tax under that act on any of its incoming profits or gains for the accounting year during which the corporation is established and for 3fourteen accounting years following that year. 42 notwithstanding anything contained in the incometax act, 43 of , the corporation shall not be liable to pay any tax under that act on any of its income, profits or gains for the period commencing from the first day of january, , and ending with the commencement of the accounting year during which chapter ii of the deposit insurance corporation amendment and miscellaneous provisions act, 21 of , comes into force and for four accounting years following that years. 1. subs. by act 20 of , s. 44, for section 30 w.e.f. . 2. section 30 renumbered as subsection 1 thereof by act 21 of , s. 8 w.e.f. . 3. subs. by act 32 of , s. 53, for nine accounting years w.e.f. . 4. ins. by act 21 of , s. 8 w.e.f. .

section 36. of the deposit insurance and credit guarantee corporation act : 1 the corporation may for any of the purposes of this act request the reserve bank to cause an inspection of the books and accounts or an investigation of the affairs of an insured bank 1or a credit institution to be made and on such request the reserve bank shall cause such inspection or investigation to be made by one or more of its officers 2or through such other person or agency as the reserve bank may determine. 2 the provisions of subsection 2 and subsection 3 of section 35 of 3the banking regulation act, 10 of shall apply to an inspection or investigation under subsection 1 as they apply to an inspection under that section. 3 when an inspection or investigation has been made under this section, the reserve bank shall furnish a copy of its report to the corporation and 4neither the bank nor the credit institution, as the case may be, inspected or investigated, nor any other bank or credit institution shall be entitled to be furnished with a copy of such report. 4 notwithstanding anything contained in any law for the time being in force, no court, tribunal or other authority shall compel the production or disclosure of a report under this section or of information or material gathered during the course of an inspection or investigation under this section. 1. ins. by act 21 of , s. 8 w.e.f. . 2. ins. by act 56 of , s. 12 w.e.f. . 3. subs. by s. 2, ibid., for the banking companies act, w.e.f. . 4. subs. by act 21 of , s. 8, for certain words w.e.f. .

section 29. of the deposit insurance and credit guarantee corporation act : 1 the affairs of the corporation shall be audited by an auditor duly qualified to act as an auditor under subsection 1 of section 226 of the companies act, 1 of , who shall be appointed by the board with the previous approval of the reserve bank and shall receive such remuneration from the corporation as the reserve bank may fix. 2 the auditor shall be supplied with a copy of the annual balancesheet of the corporation and it shall be his duty to examine it together with the accounts and vouchers relating thereto and he shall have a list delivered to him of all books kept by the corporation and shall at all reasonable times have to the books, accounts and other documents of the corporation and may, in relation to such accounts examine any director of the board or any officer or employee of the corporation. 3 the auditor shall make a report to the corporation upon the annual balancesheet and accounts and in every such report he shall state whether in his opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of affairs of the corporation and in case he had called for any explanation or information from the board, whether it has been given and whether it is satisfactory. 4 without prejudice to anything contained in the preceding subsections, the central government may at any time appoint the comptroller and auditorgeneral of india to examine and report upon the accounts of the corporation, and any expenditure incurred by him in connection with such examination and report shall be payable by the corporation to the comptroller and auditorgeneral of india.

section 31. of the deposit insurance and credit guarantee corporation act : after making provisions for all its liabilities and for all other matters for which provision is necessary or expedient, including any contribution to the staff and super annuation funds, the corporation shall transfer the balance, if any, of its income in its general fund to one or more reserve funds to be utilised in such manner and for such purposes as the corporation may deem fit.

section 32. of the deposit insurance and credit guarantee corporation act : 1 the corporation shall furnish to the reserve bank within three months from the date on which its accounts are balanced and closed the balancesheet and accounts together with the auditors report and a report of the working of the corporation during the year and copies of the said balancesheet and accounts and reports shall be furnished by the corporation to the central government. 2 the central government shall cause every auditors report and report of the working of the corporation to be laid 1as soon as may be after they received before each house of parliament 2. 1. 5. subs. by act 1 of , s. 63, for certain words w.e.f. . 2. the words , while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions omitted by act 81 of , s. 6 w.e.f. .

section 33. of the deposit insurance and credit guarantee corporation act : 1 the corporation may appoint such number of officers and employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. 2 without prejudice to the provisions of subsection 1, it shall be lawful for the corporation to utilise, and for the reserve bank to make available, the services of such staff of the reserve bank on such terms and conditions as may be agreed upon between the corporation and the reserve bank.

section 34. of the deposit insurance and credit guarantee corporation act : 1 notwithstanding anything contained in 2the banking regulation act, 10 of or any other law for the time being in force the corporation may at any time direct an insured bank 1or a credit institution to furnish to it, within such time as may be specified by the corporation, such statements and information relating to the deposits in that bank 1or the credit facilities granted by that credit institution, as the case may be, as the corporation may consider necessary or expedient to obtain for the purposes of this act. 2 the corporation may, if it considers it expedient and after consulting the reserve bank, publish any information obtained by it under this section in such consolidated form as it may think fit. 1. ins. by act 21 of , s. 8 w.e.f. . 2. subs. by act 56 of , s. 2, for the banking companies act, w.e.f. .

section 35. of the deposit insurance and credit guarantee corporation act : 1 the corporation shall have free access to all such records of an insured bank 1or a credit institution perusal where of may appear to the corporation to the necessary for the discharge of its functions under this act. 2 the corporation may require any insured bank 1or credit institution to furnish to it copies of any of the records referred to in subsection 1 and the bank 1or the credit institution shall be bound to comply with the requisition. 1. ins. by act 21 of , s. 8 w.e.f. .

section 37. of the deposit insurance and credit guarantee corporation act : the corporation shall, one a request in writing from the reserve bank, furnish to it within such time as may be specified by the reserve bank, such statement and information relating to the business or affairs of the corporation or of an insured bank as the reserve bank may consider necessary or expedient.

section 38. of the deposit insurance and credit guarantee corporation act : the reserve bank shall, on a request in writing from the corporation, furnish to it any report or information relating to an insured bank 1or a credit institution made or obtained by it under or in pursuance of the reserve bank of india act, or 2the banking regulation act, 10 of . 1. ins. by act 21 of , s. 8 w.e.f. . 2. subs. by s. 2, ibid., for the banking companies act, w.e.f. .

section 43a. of the deposit insurance and credit guarantee corporation act : 143a. powers of reserve bank not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the reserve bank under this act, a shall not extend to an international financial services centre set up under subsection 1 of section of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f.

section 40. of the deposit insurance and credit guarantee corporation act : 1 every director of the board shall be indemnified by the corporation against all losses and expenses incurred by him in, or in relation to, the discharge of his duties except such as are caused by his own willful act or default. 2 a director of the board shall not be responsible for any other director or for any other officer or other employee of the corporation, or for any loss or expenses resulting to the corporation from the insufficiency or deficiency of value of or title to any property or security acquired or taken on behalf of the corporation or the insolvency or wrongful act of any debtor or any person under obligation to the corporation or anything done in good faith in the execution of the duties of his office or in relation thereto.

section 39. of the deposit insurance and credit guarantee corporation act : 21 every director, auditor, officer or other employee of the corporation or an employee of the reserve bank whose services are utilised by the corporation under subsection 2 of section 33 shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule to this act. 12 the corporation shall observe, except as otherwise required by law, the practices and usages customary among the bankers, and, in particular, it shall not divulge any information relating to an insured bank or its customers or a credit institution or its customers except in circumstances in which it is, in accordance with law or practices or usages customary among bankers, necessary or appropriate for the corporation to divulge such information. 33 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, . 1. ins. by act 21 of , s. 8 w.e.f. . 2. section 39 renumbered as subsection 1 thereof by s. 8, ibid. w.e.f. . 3. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 44. of the deposit insurance and credit guarantee corporation act : 1 the corporation shall not be placed in liquidation save by order of the central government and in such manner as that government may direct. 2 on the liquidation of the corporation a the outstanding assets of the corporation in so far as they relate to the deposit insurance fund shall be distributed among the insured banks in such manner and in such proportion as may be determined by the central government having regard to the amounts of premium paid by them during any prescribed period or the deposits of the said banks as on the date of liquidation of the corporation or other relevant circumstances b the remaining outstanding assets of the corporation shall be transferred to the reserve bank.

section 41. of the deposit insurance and credit guarantee corporation act : 1 no act or proceeding of the board or of any committee of the corporation shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the board or committee. 2 no act done by any person acting in good faith as a director of the board shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.

section 42. of the deposit insurance and credit guarantee corporation act : no suit other legal proceeding shall lie against the corporation or the reserve bank or any director of the board or any officer of the corporation or the reserve bank or 1or any other person or agency authorised by the corporation or the reserve bank to discharge any functions under this act for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act. 1. subs. by 56 of , s. 13, for or any other person authorised by the corporation w.e.f. .

section 43. of the deposit insurance and credit guarantee corporation act : nothing in the companies act, 1 of or the insurance act, 4 of , shall apply to the corporation.

section 45. of the deposit insurance and credit guarantee corporation act : in the discharge of its functions under this act, the corporation shall be guided by such directions in matters of policy involving public interest as the central government may after consulting the reserve bank give to it in writing, and if any question arises whether the directions relates to a matter of policy involving public interest, the decision of the central government thereon shall be final.

section 46. of the deposit insurance and credit guarantee corporation act : any dispute as to the amount of premium due from any insured bank shall be decided by the central government and the decision of that government shall final.

section 51. of the deposit insurance and credit guarantee corporation act : amendment of certain enactments.rep. by the repealing and amending act, 52 of , s. 2 and first schedule w.e.f. .

section 47. of the deposit insurance and credit guarantee corporation act : 1 whoever in any return, balancesheet or other document or in any information required or furnished by or under or for the purposes of any provision of this act, willfully makes a statement which is false in any material particular, knowing it to be false, or willfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 if any person fails to produce any book, account or other document or to furnish any statement or information which, under the provisions of this act, it is his duty to produce or furnish, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure.

section 48. of the deposit insurance and credit guarantee corporation act : 1 where an offence has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes 1a cooperative society or a firm or other association of individuals and b director in relation to a firm, means a partner in the firm 1and in relation to a cooperative society includes any member of a committee of management or other managing body by whatever name called to which the management of the affairs of the bank is entrusted. 1. ins. by act 56 of , s. 14 w.e.f. .

section 49. of the deposit insurance and credit guarantee corporation act : 149. cognizance and trial of offences.1 notwithstanding anything contained in the code of criminal procedure, 2 of , no court shall take cognizance of any offence punishable under this act except upon a complaint, in writing, made by an officer of the corporation, generally or specially authorised in writing in this behalf by the board, and no court, inferior to the court of a metropolitan magistrate or a judicial magistrate of the first class, shall try any such offence. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , a magistrate may, if he sees reason so to do, dispense with the personal attendance of the officer of the corporation filing the complaint, but the magistrate may, in his discretion, at any stage of the proceeding, direct the personal attendance of the complainant. 1. subs. by act 21 of , s. 8, for section 49 w.e.f. .

section 50. of the deposit insurance and credit guarantee corporation act : 1 the board may, with the previous approval of the reserve bank, 1by notification in the official gazette, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for a the times and places of the meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetings including the quorum necessary for the transaction of business b the number of directors constituting an executive committee, and the functions that such committee shall discharge c the functions which any other committee may discharge under this act d the fees and allowances that may be paid to the members of a committee other than directors of the board e the fees and allowances that may be paid to the directors of the board f the periods for which, the times at which and the manner in which premium may be paid by an insured bank g the interest which may be charged from an insured bank where it makes default in payment of premium h the manner in which and the time within which the amounts referred to in section 21 may be paid i the form and the manner in which the balancesheet and the accounts of the corporation shall be prepared or maintained and j any other matter which is to be, or may be prescribed. 3 any regulation which may be made by the board under this act may be made by the reserve bank within three months of the establishment of the corporation and any regulation so made may be altered or rescinded by the board in the exercise of its powers under this act. 24 every regulation shall, as soon as may be after it is made under this act by the board, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 66 of , s. 26 w.e.f. . 2. ins. by act 1 of , s. 64 w.e.f. .

section 8. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates 1 the central government may, by notification in the official gazette, specify the limits of such waters adjacent to its land territory as are the historic waters of india. 2 the sovereignty of india extends, and has always extended, to the historic waters of india and to the seabed and subsoil underlying, and the air space over, such waters.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

section 1. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates 1 this act may be called the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, . 2 sections 5 and 7 shall come into force on such date1 or on such different dates as the central government may, by notification in the official gazette, appoint and the remaining provisions of this act shall come into force at once. 1. 15th january, , vide notification no. g.s.r. 16e, dated 15th january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : in this act, limit, in relation to the territorial waters, the continental shelf, the exclusive economic zone or any other maritime zone of india, means the limit of such waters, shelf or zone with reference to the mainland of india as well as the individual or composite group or groups of islands constituting part of the territory of india.

section 7. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates 1 the exclusive economic zone of india hereinafter referred to as the exclusive economic zone is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline referred to in subsection 2 of section 3. 2 notwithstanding anything contained in subsection 1, the central government may, whenever it considers necessary so to do having regard to international law and state practice, alter, by notification in the official gazette, the limit of the exclusive economic zone. 3 no notification shall be issued under subsection 2 unless resolutions approving the issue of such notification are passed by both houses of parliament. 4 in the exclusive economic zone, the union has, a sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and nonliving as well as for producing energy from tides, winds and currents b exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, offshore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the zone or for the convenience of shipping or for any other purpose c exclusive jurisdiction to authorise, regulate and control scientific research d exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution and e such other rights as are recognised by international law. 5 no person including a foreign government shall, except under, and in accordance with, the terms of any agreement with the central government or of a licence or a letter of authority granted by the central government, explore or exploit any resources of the exclusive economic zone or carry out any search or excavation or conduct any research within the exclusive economic zone or drill therein or construct, maintain or operate any artificial island, offshore terminal, installation or other structure or device therein for any purpose whatsoever: provided that nothing in this subsection shall apply in relation to fishing by a citizen of india. 6 the central government may, by notification in the official gazette, a declare any area of the exclusive economic zone to be a designated area and b make such provisions as it may deem necessary with respect to, i the exploration, exploitation and protection of the resources of such designated area or ii other activities for the economic exploitation and exploration of such designated area such as the production of energy from tides, winds and currents or iii the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in such designated area or iv the protection of marine environment of such designated area or v customs and other fiscal matters in relation to such designated area. explanation.a notification issued under this subsection may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of india. 7 the central government may, by notification in the official gazette, a extend, with such restrictions and modifications as it thinks fit, any enactment for the time being in force in india or any part thereof to the exclusive economic zone or any part thereof and b make such provisions as it may consider necessary for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of india. 8 the provisions of subsection 7 of section 6 shall apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf. 9 in the exclusive economic zone and the air space over the zone, ships and aircraft of all states shall, subject to the exercise by india of its rights within the zone, enjoy freedom of navigation and over flight.

section 4. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 without prejudice to the provisions of any other law for the time being in force, all foreign ships other than warships including submarines and other underwater vehicles shall enjoy the right of innocent passage through the territorial waters. explanation.for the purposes of this section, passage is innocent so long as it is not prejudicial to the peace, good order or security of india. 2 foreign warships including submarines and other underwater vehicles may enter or pass through the territorial waters after giving prior notice to the central government: provided that submarines and other underwater vehicles shall navigate on the surface and show their flag while passing through such waters. 3 the central government may, if satisfied that it is necessary so to do in the interests of the peace, good order or security of india or any part thereof, suspend, by notification in the official gazette, whether absolutely or subject to such exceptions and qualifications as may be specified in the notification, the entry of all or any class of foreign ships into such area of the territorial waters as may be specified in the notification.

section 5. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 the contiguous zone of india hereinafter referred to as the contiguous zone is an area beyond and adjacent to the territorial waters and the limit of the contiguous zone is the line every point of which is at a distance of twentyfour nautical miles from the nearest point of the baseline referred to in subsection 2 of section 3. 2 notwithstanding anything contained in subsection 1, the central government may, whenever it considers necessary so to do having regard to international law and state practice, alter, by notification in the official gazette, the limit of the contiguous zone. 3 no notification shall be issued under subsection 2 unless resolutions approving the issue of such notification are passed by both houses of parliament. 4 the central government may exercise such powers and take such measures in or in relation to the contiguous zone as it may consider necessary with respect to, a the security of india, and b immigration, sanitation, customs and other fiscal matters. 5 the central government may, by notification in the official gazette, a extend with such restrictions and modifications as it thinks fit, any enactment, relating to any matter referred to in clause a or clause b of subsection 4, for the time being in force in india or any part thereof, to the contiguous zone, and b make such provisions as it may consider necessary in such notification for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the contiguous zone is a part of the territory of india.

section 9. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates 1 the maritime boundaries between india and any state whose coast is opposite or adjacent to that of india in regard to their respective territorial waters, contiguous zones, continental shelves, exclusive economic zones and other maritime zones shall be as determined by agreement whether entered into before or after the commencement of this section between india and such state and pending such agreement between india and any such state, and unless any other provisional arrangements are agreed to between them, the maritime boundaries between india and such state shall not extend beyond the line every point of which is equidistant from the nearest point from which the breadth of the territorial waters of india and of such state are measured. 2 every agreement referred to in subsection 1 shall, as soon as may be after it is entered into, be published in the official gazette. 3 the provisions of subsection 1 shall have effect notwithstanding anything contained in any other provision of this act.

section 6. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates 1 the continental shelf of india hereinafter referred to as the continental shelf comprises the seabed and subsoil of the submarine areas that extend beyond the limit of its territorial waters throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baseline referred to in subsection 2 of section 3 where the outer edge of the continental margin does not extend up to that distance. 2 india has, and always had, full and exclusive sovereign rights in respect of its continental shelf. 3 without prejudice to the generality of the provisions of subsection 2, the union has in the continental shelf, a sovereign rights for the purposes of exploration, exploitation, conservation and management of all resources b exclusive rights and jurisdiction for the construction, maintenance or operation of artificial islands, offshore terminals, installations and other structures and devices necessary for the exploration and exploitation of the resources of the continental shelf or for the convenience of shipping or for any other purpose c exclusive jurisdiction to authorise, regulate and control scientific research and d exclusive jurisdiction to preserve and protect the marine environment and to prevent and control marine pollution. 4 no person including a foreign government shall, except under, and in accordance with, the terms of a licence or a letter of authority granted by the central government, explore the continental shelf or exploit its resources or carry out any search or excavation or conduct any research within the continental shelf or drill therein or construct, maintain or operate any artificial island, offshore terminal, installation or other structure or device therein for any purpose whatsoever. 5 the central government may, by notification in the official gazette, a declare any area of the continental shelf and its superjacent waters to be a designated area and b make such provisions as it may deem necessary with respect to, i the exploration, exploitation and protection of the resources of the continental shelf within such designated area or ii the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in such designated area or iii the protection of marine environment of such designated area or iv customs and other fiscal matters in relation to such designated area. explanation.a notification issued under this subsection may provide for the regulation of entry into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial to the interests of india. 6 the central government may, by notification in the official gazette, a extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in india or any part thereof to the continental shelf or any part including any designated area under subsection 5 thereof and b make such provisions as it may consider necessary for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the continental shelf or the part including, as the case may be, any designated area under subsection 5 thereof to which it has been extended is a part of the territory of india. 7 without prejudice to the provisions of subsection 2 and subject to any measures that may be necessary for protecting the interests of india, the central government may not impede the laying or maintenance of submarine cables or pipelines on the continental shelf by foreign states: provided that the consent of the central government shall be necessary for the delineation of the course for the laying of such cables or pipelines.

section 3. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 the sovereignty of india extends and has always extended to the territorial waters of india hereinafter referred to as the territorial waters and to the seabed and subsoil underlying, and the air space over, such waters. 2 the limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline. 3 notwithstanding anything contained in subsection 2, the central government may, whenever it considers necessary so to do having regard to international law and state practice, alter, by notification in the official gazette, the limit of the territorial waters. 4 no notification shall be issued under subsection 3 unless resolutions approving the issue of such notification are passed by both houses of parliament.

section 14. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : no prosecution shall be instituted against any person in respect of any offence under this act or the rules made thereunder without the previous sanction of the central government or such officer or authority as may be authorised by that government by order in writing in this behalf.

section 10. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates the central government may cause the baseline referred to in subsection 2 of section 3, the limits of the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone and the historic waters of india and the maritime boundaries as settled by agreements referred to in section 9 to be published in charts.

section 11. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : whoever contravenes any provision of this act or of any notification thereunder shall without prejudice to any other action which may be taken against such person under any other provision of this or of any other enactment be punishable with imprisonment which may extend to three years, or with fine, or with both.

section 16. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 if any difficulty arises in giving effect to the provisions of this act or of any of the enactments extended under this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act or, as the case may be, of such enactment, as may appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section a in the case of any difficulty arising in giving effect to any provision of this act, after the expiry of three years from the commencement of such provision b in the case of any difficulty arising in giving effect to the provisions of any enactment extended under this act, after the expiry of three years from the extension of such enactment. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 12. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 where an offence under this act or the rules made thereunder has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act or the rules made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or the connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 13. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : show related subordinates any person committing an offence under this act or any rules made thereunder or under any of the enactments extended under this act or under the rules made thereunder may be tried for the offence in any place in which he may be found or in such other place as the central government may, by general or special order, published in the official gazette, direct in this behalf.

section 15. of the territorial waters continental shelf exclusive economic zone and other maritime zones act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a regulation of the conduct of any person in the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of india b regulation of the exploration and exploitation, conservation and management of the resources of the continental shelf c regulation of the exploration, exploitation, conservation and management of the resources of the exclusive economic zone d regulation of the construction, maintenance and operation of artificial islands, offshore terminals, installations and other structures and devices referred to in sections 6 and 7 e preservation and protection of the marine environment and prevention and control of marine pollution for the purposes of this act f authorisation, regulation and control of the conduct of scientific research for the purposes of this act g fees in relation to licences and letters of authority referred to in subsection 4 of section 6 and subsection 5 of section 7 or for any other purpose or h any matter incidental to any of the matters specified in clauses a to g. 3 in making any rule under this section, the central government may provide that a contravention thereof shall be punishable with imprisonment which may extend to three years, or with fine which may extend to any amount, or with both. 4 every rule made under this act and every notification issued under subsection 5 of section 6 or subsection 6 of section 7 shall be laid, as soon as may be after it is made or issued, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or the notification or both houses agree that the rule or notification should not be issued, the rule or notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

section 8. of the bihar and uttar pradesh alteration of boundaries act : 1 except as hereinafter provided a the jurisdiction of the high court of judicature at allahabad shall, as from the appointed day, extend to the territories transferred by this act from the state of bihar to the state of uttar pradesh and b the high court at patna shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court at patna immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of judicature at allahabad shall, as soon as may be after such certification, be transferred to the high court of judicature at allahabad. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court at patna shall have, and the high court of judicature at allahabad shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court at patna before the appointed day: provided that if, after such proceedings have been entertained by the high court at patna, it appears to the chief justice of that high court that they ought to be transferred to the high court of judicature at allahabad, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at patna a before the appointed day in any proceedings transferred to the high court of judicature at allahabad by virtue of subsection 2, or b in any proceedings with respect to which the high court at patna retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court at patna, but also as an order made by the high court of judicature at allahabad. 5 subject to any rule made or direction given by the high court of judicature at allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the high court at patna as may be specified in this behalf by the chief justice of the high court of judicature at allahabad having regard to the transfer of territories from the state of bihar to the state of uttar pradesh, shall be recognised as an advocate entitled to practise in the high court of judicature at allahabad.

The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968

section 1. of the bihar and uttar pradesh alteration of boundaries act : this act may be called the bihar and uttar pradesh alteration of boundaries act, .

section 2. of the bihar and uttar pradesh alteration of boundaries act : in this act, unless the context otherwise requires, a appointed day1 means the day which the central government may, by notification in the official gazette, appoint b assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of c deep stream, in relation to the river ganga or the river ghaghra, means the deep stream thereof as verified and agreed upon by the state governments of bihar and uttar pradesh after the 30th day of september of the year preceding the year in which the appointed day falls and before the 1st day of january of the year in which the appointed day falls and in default of agreement between the state governments, as determined by such authority as may be specified by the central government d fixed boundary means the boundary line demarcated under the provisions of subsection 2 of section 3 in relation to the river ganga or the river ghaghra, as the case may be e law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the state of bihar or uttar pradesh f notified order means an order published in the official gazette g prescribed means prescribed by rules made under this act h sitting member, in relation to either house of parliament or of the legislature of a state, means a person who immediately before the appointed day is a member of that house i transferred territories means, i in relation to the state of bihar, the territories transferred by this act from that state to the state of uttar pradesh, and ii in relation to the state of uttar pradesh, the territories transferred by this act from that state to the state of bihar j any reference to a district of a state shall be construed as a reference to the area physically comprised within that district immediately before the appointed day. 1. 10th june, , vide notification no. g.s.r. 901, dated 9th june, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the bihar and uttar pradesh alteration of boundaries act : 1 except as hereinafter provided a the jurisdiction of the high court at patna shall, as from the appointed day, extend to the territories transferred by this act from the state of uttar pradesh to the state of bihar and b the high court of judicature at allahabad shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court of judicature at allahabad immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court at patna shall, as soon as may be after such certification, be transferred to the high court at patna. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court of judicature at allahabad shall have, and the high court at patna shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appear to the supreme court applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court of judicature at allahabad before the appointed day: provided that if, after such proceedings have been entertained by the high court of judicature at allahabad, it appears to the chief justice of that high court that they ought to be transferred to the high court at patna, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of judicature at allahabad a before the appointed day in any proceedings transferred to the high court at patna by virtue of subsection 2, or b in any proceedings with respect to which the high court of judicature at allahabad retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court of judicature at allahabad, but also as an order made by the high court at patna. 5 subject to any rule made or direction given by the high court at patna, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of judicature at allahabad as may be specified in this behalf by the chief justice of the high court at patna having regard to the transfer of territories from the state of uttar pradesh to the state of bihar, shall be recognised as an advocate entitled to practise in the high court at patna.

section 9. of the bihar and uttar pradesh alteration of boundaries act : any person who immediately before the appointed day is an advocate entitled to practise in the high court at patna or the high court of judicature at allahabad and was authorised to appear in any proceedings transferred under section 7 or section 8 shall have the right to appear in the high court to which the proceedings have been transferred, in relation to those proceedings.

section 4. of the bihar and uttar pradesh alteration of boundaries act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states a for the entry against 3. bihar, the following shall be substituted, namely: the territories which immediately before the commencement of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province and the territories specified in clause a of subsection 1 of section 3 of the bihar and uttar pradesh alteration of boundaries act, , but excluding the territories specified in subsection 1 of section 3 of the bihar and west bengal transfer of territories act, , and the territories specified in clause b of subsection 1 of section 3 of the first mentioned act. b for the entry against 13. uttar pradesh, the following shall be substituted, namely: the territories which immediately before the commencement of this constitution were either comprised in the province known as the united provinces or were being administered as if they formed part of that province and the territories specified in clause b of subsection 1 of section 3 of the bihar and uttar pradesh alteration of boundaries act, , but excluding the territories specified in clause a of subsection 1 of section 3 of that act.

section 3. of the bihar and uttar pradesh alteration of boundaries act : show related subordinates 1 as from the appointed day, a there shall be added to the state of bihar i all the territories of ballia district of the state of uttar pradesh lying between the fixed boundary and the deep stream of the river ghaghra, and ii all the territories of that district lying between the fixed boundary and the deep stream of the river ganga, and the said territories shall thereupon cease to form part of the state of uttar pradesh and b there shall be added to the state of uttar pradesh i all the territories of saran district of the state of bihar lying between the fixed boundary and the deep stream of the river ghaghra, and ii all the territories of shahabad district of the state of bihar lying between the fixed boundary and the deep stream of the river ganga, and the said territories shall thereupon cease to form part of the state of bihar. 2 the fixed boundary in relation to each of the rivers ganga and ghaghra shall be demarcated by an authority appointed in this behalf by the central government so as to be generally in conformity with the boundary line described in the schedule in relation to that river: provided that in the process of such demarcation, the said authority shall have power to rationalise to the extent considered necessary by him, the boundary alignment between the high banks of the river ganga or the river ghaghra, as the case may be, and in particular shall try a to ensure, as far as possible, the stability of the boundary pillars and the recognition of the boundary alignment both during the dry and flood seasons and b to avoid, as far as possible, the splitting up of the existing abadis. 3 for the purposes of such demarcation, a the decision of the said authority on any matter relating to the interpretation of any part of the description of the boundary given in the schedule including the determination of the relevant record referred to in the explanatory note to the schedule shall be final b the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the state government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate the pillars of the same specifications being apportioned, as far as practicable equally between the two state governments, the decision of the said authority in regard to these matters being final c it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of the boundary line and to do all other acts as may be necessary. 4 the authority referred to in subsection 2 shall also prepare a map of the transferred territories showing a the deep stream of the river ghaghra or the river ganga, as the case may be, and the fixed boundary in relation to that river b the names and boundaries of the villages in the transferred territories, as indicated by the state government having jurisdiction over the territories before their transfer, with reference to the revenue records of that government in force immediately before the preparation of such map, and forward such map to the central government who shall cause it to be published in the transferred territories in such manner as it thinks fit. 5 as from the appointed day, the state government of bihar or uttar pradesh shall, by order in the official gazette, provide for the administration of the territories transferred to that state under subsection 1 by including them or any part of them in such district, subdivision, policestation or other administrative unit as may be specified in the order

section 5. of the bihar and uttar pradesh alteration of boundaries act : as from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies a i to the state of bihar, shall be construed as including the territories transferred to that state from the state of uttar pradesh under clause a of subsection 1 of section 3, but excluding the territories transferred from the state of bihar to the state of uttar pradesh under clause b of that subsection ii to any district, subdivision, policestation or other administrative unit in the state of bihar, shall be construed as including that part of the territories, if any, transferred to that state, which is included in that district, subdivision, policestation or other administrative unit by order made under subsection 5 of section 3 b i to the state of uttar pradesh, shall be construed as including the territories transferred to that state from the state of bihar under clause b of subsection 1 of section 3, but excluding the territories transferred from the state of uttar pradesh to the state of bihar under clause a of that subsection ii to any district, subdivision, policestation or other administrative unit in the state of uttar pradesh, shall be construed as including that part of the territories, if any, transferred to that state, which is included in that district, subdivision, policestation or other administrative unit by order made under subsection 5 of section 3.

section 14. of the bihar and uttar pradesh alteration of boundaries act : the right of bihar or uttar pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the state to which the territories are transferred.

section 6. of the bihar and uttar pradesh alteration of boundaries act : 1 every sitting member of the house of the people representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that house by that constituency as so altered 2 every sitting member of the legislative assembly of the state of bihar or uttar pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed as from the appointed day, to have been elected to the said legislative assembly by that constituency as so altered. 3 every sitting member of the legislative council of bihar or uttar pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this act, shall, notwithstanding such alteration, be deemed as from the appointed day, to have been elected to the said legislative council by that constituency as so altered.

section 15. of the bihar and uttar pradesh alteration of boundaries act : the right to recover any loans or advances made before the appointed day by bihar or uttar pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the state to which the territories are transferred.

section 10. of the bihar and uttar pradesh alteration of boundaries act : for the purposes of sections 7 and 8, a proceedings shall be deemed to be pending in the high court at patna or the high court of judicature at allahabad until that court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to the high court at patna or the high court of judicature at allahabad shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 16. of the bihar and uttar pradesh alteration of boundaries act : the liability of bihar or uttar pradesh to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the state to which the territories are transferred and the liability of bihar or uttar pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the state to which the territories are transferred.

section 11. of the bihar and uttar pradesh alteration of boundaries act : 1 as from the appointed day, any act passed by the legislature of the state of bihar or uttar pradesh before that day for the appropriation of any moneys out of the consolidated fundof the state to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that state by the provisions of part ii and it shall be lawful for the state government to spend any amount in those territories out of the amount authorised by such act to be expended for any service in that state. 2 the governor of bihar or of uttar pradesh may, after the appointed day, authorise such expenditure, from the consolidated fund of the state as he deems necessary for any purpose or service in the territories transferred to that state for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state.

section 18. of the bihar and uttar pradesh alteration of boundaries act : 1 where, before the appointed day, the state of bihar or uttar pradesh has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the state to which the territories are transferred and b in any other case, of the state which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the state which made the contract, be rights or liabilities of the state specified in clause a or clause b above 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations

section 12. of the bihar and uttar pradesh alteration of boundaries act : the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 of the constitution relating to the accounts of the state of bihar or uttar pradesh in respect of any period prior to the appointed day shall be submitted to the governor of each of the states of bihar and uttar pradesh who shall cause them to be laid before the legislature of the state.

section 13. of the bihar and uttar pradesh alteration of boundaries act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the state of bihar or uttar pradesh in the transferred territories shall, as from the appointed day, pass to the state to which the territories are transferred. 2 in this section, the expression land includes immovable property of every kind and any rights in or over such property.

section 17. of the bihar and uttar pradesh alteration of boundaries act : the liability of bihar or uttar pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the state to which the territories are transferred.

section 19. of the bihar and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of bihar or uttar pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall, a if the cause of action arose wholly within the transferred territories, be a liability of the state to which the territories are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability

section 20. of the bihar and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of bihar or uttar pradesh is liable as guarantor in respect of any liability of a registered cooperative society, that liability shall, a if the area of the societys operations is limited to the transferred territories, be a liability of the state to which the territories are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability.

section 21. of the bihar and uttar pradesh alteration of boundaries act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 22. of the bihar and uttar pradesh alteration of boundaries act : where the states of bihar and uttar pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 27. of the bihar and uttar pradesh alteration of boundaries act : for the purpose of facilitating the application of any law in relation to the state of bihar or uttar pradesh, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law, the state government

section 23. of the bihar and uttar pradesh alteration of boundaries act : where, by virtue of any of the provisions of this part, either of the states of bihar or uttar pradesh becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribution towards that liability should be made by the other state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order determine.

section 24. of the bihar and uttar pradesh alteration of boundaries act : all sums payable by either bihar or uttar pradesh to the other state by virtue of the provisions of this part shall be charged on the consolidated fund of the state by which such sums are payable.

section 29. of the bihar and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of bihar or uttar pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other state under this act, the other state shall be deemed to be substituted for the state from which such property rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 26. of the bihar and uttar pradesh alteration of boundaries act : the provisions of section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bihar or uttar pradesh shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 25. of the bihar and uttar pradesh alteration of boundaries act : as from the appointed day a the financial corporations constituted under the state financial corporations act, 63 of , for the states of bihar and uttar pradesh, and b the state electricity boards constituted under the electricity supply act, 54 of , for the said states, shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 3.

section 28. of the bihar and uttar pradesh alteration of boundaries act : notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of bihar or uttar pradesh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 30. of the bihar and uttar pradesh alteration of boundaries act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of bihar or uttar pradesh shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other state, stand transferred to the corresponding court, tribunal authority or officer in the other state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning, and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of that state, or before the appointed day by the government of the other state, to be the corresponding court, tribunal, authority or officer.

section 31. of the bihar and uttar pradesh alteration of boundaries act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another state.

section 36. of the bihar and uttar pradesh alteration of boundaries act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule for certain words w.e.f.

section 32. of the bihar and uttar pradesh alteration of boundaries act : show related subordinates 1 it shall be lawful for the state government which is responsible for the construction of any boundary pillar under subsection 3 of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the state government or any of its officers for anything in good faith done or intended to be done under this section. 2 the boundary pillars shall be inspected jointly by the officers of the state governments of bihar and uttar pradesh in accordance with such rules as the central government may make in this behalf. 3 whoever wilfully removes or injures any boundary pillar shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 4 notwithstanding anything contained in the code of criminal procedure, 5 of , an offence under subsection 3 may be inquired into and tried by a court in either of the states of bihar and uttar pradesh.

section 34. of the bihar and uttar pradesh alteration of boundaries act : the provisions of this act shall have effect notwithstanding any law, custom or usage which is inconsistent therewith.

section 33. of the bihar and uttar pradesh alteration of boundaries act : all things done, and all steps taken, before the commencement of this act in connection with the demarcation of the fixed boundary in relation to the river ganga or the river ghaghra, as the case may be, shall, in so far as they are in conformity with the provisions of subsections 2 and 3 of section 3, be deemed to have been done in accordance with law.

section 35. of the bihar and uttar pradesh alteration of boundaries act : if any difficulty arises in giving effect to the provisions of this act, the president may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.

section 7. of the national security act : 1 if the central government or the state government or an officer mentioned in subsection 3 of section 3, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that government or officer may a make a report in writing of the fact to a metropolitan magistrate or a judicial magistrate of the first class having jurisdiction in the place where the said person ordinarily resides b by order notified in the official gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order. 2 upon the making of a report against any person under clause a of subsection 1, the provisions of sections 82, 83, 84 and 85 of the code of criminal procedure, 2 of , shall apply in respect of such person and his property as if the detention order made against him were a warrant issued by the magistrate. 3 if any person fails to comply with an order issued under clause b of subsection 1, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 4 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence under subsection 3 shall be cognizable.

section 1. of the national security act : show related subordinates 1 this act may be called the national security act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the national security act : in this act, unless the context otherwise requires, a appropriate government means, as respects a detention order made by the central government or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer subordinate to a state government or as respects a person detained under such order, the state government b detention order means an order made under section 3 c foreigner has the same meaning as in the foreigners act, 31 of d person includes a foreigner e state government, in relation to a union territory, means the administrator thereof.

section 6. of the national security act : no detention order shall be invalid or inoperative merely by reason a that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or officer making the order, or b that the place of detention of such person is outside the said limits.

section 3. of the national security act : 1 the central government or the state government may, a if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of india, the relations of india with foreign powers, or the security of india, or b if satisfied with respect to any foreigner that with a view to regulating his continued presence in india or with a view to making arrangements for his expulsion from india, it is necessary so to do, make an order directing that such person be detained. 2 the central government or the state government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the state or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an order directing that such person be detained. explanation.for the purposes of this subsection, acting in any manner prejudicial to the maintenance of supplies and services essential to the community does not include acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community as defined in the explanation to subsection 1 of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 7 of , and accordingly, no order of detention shall be made under this act on any ground on which an order of detention may be made under that act. 3 if, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a district magistrate or a commissioner of police, the state government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be specified in the order, such district magistrate or commissioner of police may also, if satisfied as provided in subsection 2, exercise the powers conferred by the said subsection: provided that the period specified in an order made by the state government under this subsection shall not, in the first instance, exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. 4 when any order is made under this section by an officer mentioned in subsection 3, he shall forthwith report the fact to the state government to which he is subordinate together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless, in the meantime, it has been approved by the state government: provided that where under section 8 the grounds of detention are communicated by the officer making the order after five days but not later than 1 fifteen days from the date of detention, this subsection shall apply subject to the modification that, for the words twelve days, the words 2 twenty days shall be substituted. 5 when any order is made or approved by the state government under this section, the state government shall, within seven days, report the fact to the central government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state government, have a bearing on the necessity for the order. 1. subs. by act 24 of , s. 3, for ten days w.e.f. . 2. subs. by s. 3, ibid., for fifteen days w.e.f. .

section 8. of the national security act : 1 when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than 1 fifteen days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the appropriate government. 2 nothing in subsection 1 shall require the authority to disclose facts which it considers to be against the public interest to disclose. 1.subs. by act 24 of , s. 4, for ten days w.e.f. .

section 4. of the national security act : show related subordinates a detention order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the code of criminal procedure, 2 of . notifications yeardescriptionfiles nsa gazette notification 12.08. advisory board

section 5. of the national security act : every person in respect of whom a detention order has been made shall be liable a to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the appropriate government may, by general or special order, specify and b to be removed from one place of detention to another place of detention, whether within the same state or in another state, by order of the appropriate government: provided that no order shall be made by a state government under clause b for the removal of a person from one state to another state except with the consent of the government of that other state.

section 5a. of the national security act : 15a. grounds of detention severable.where a person has been detained in pursuance of an order of detention whether made before or after the commencement of the national security second amendment act, 60 of under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly a such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are i vague, ii nonexistent, iii not relevant, iv not connected or not proximately connected with such person, or v invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the government or officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention b the government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds. 1. ins. by act 60 of , s. 2 w.e.f. .

section 9. of the national security act : show related subordinates 1 the central government and each state government shall, whenever necessary, constitute one or more advisory boards for the purposes of this act. 2 every such board shall consist of three persons who are, or have been, or are qualified to be appointed as, judges of a high court, and such persons shall be appointed by the appropriate government. 3 the appropriate government shall appoint one of the members of the advisory board who is, or has been, a judge of a high court to be its chairman, and in the case of a union territory, the appointment to the advisory board of any person who is a judge of the high court of a state shall be with the previous approval of the state government concerned. notifications yeardescriptionfiles the national security amendment act

section 10. of the national security act : show related subordinates save as otherwise expressly provided in this act, in every case where a detention order has been made under this act, the appropriate government shall, within three weeks from the date of detention of a person under the order, place before the advisory board constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer mentioned in subsection 3 of section 3, also the report by such officer under subsection 4 of that section. notifications yeardescriptionfiles nsa gazette notification 18.05.

section 11. of the national security act : 1 the advisory board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate government or from any person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate government within seven weeks from the date of detention of the person concerned. 2 the report of the advisory board shall specify in a separate part thereof the opinion of the advisory board as to whether or not there is sufficient cause for the detention of the person concerned. 3 when there is a difference of opinion among the members forming the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board. 4 nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the advisory board and the proceedings of the advisory board and its report, excepting that part of the report in which the opinion of the advisory board is specified, shall be confidential.

section 15. of the national security act : 1 the appropriate government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 2 in directing the release of any person under subsection 1, the appropriate government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction. 3 any person released under subsection 1 shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. 4 if any person fails without sufficient cause to surrender himself in the manner specified in subsection 3, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 5 if any person released under subsection 1 fails to fulfil any of the conditions imposed upon him under the said subsection or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

section 12. of the national security act : 1 in any case where the advisory board has reported that there is, in its opinion, sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. 2 in any case where the advisory board has reported that there is, in its opinion, no sufficient cause for the detention of a person, the appropriate government shall revoke the detention order and cause the person concerned to be released forthwith.

section 13. of the national security act : the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention: provided that nothing contained in this section shall affect the power of the appropriate government to revoke or modify the detention order at any earlier time.

section 14a. of the national security act : show related subordinates 114a. circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of advisory boards.1 nothwithstanding anything contained in the foregoing provisions of this act, or in any judgment, decree or order of any court or other authority, any person in respect of whom an order of detention has been made under this act at any time before the2 8th day of june, may be detained without obtaining the opinion of the advisory board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him, in any disturbed area i from interfering with the efforts of government in coping with the terrorist and disruptive activities and ii from acting in any manner prejudicial to a thedefence of india or b the security of india or c the security of the state or d the maintenance of public order or e the maintenance of supplies and services essential to the community. explanation 1.the provisions of the explanation to subsection 2 of section 3 shall apply for the purposes of this subsection as they apply for the purposes of that subsection. explanation 2.in this subsection, disturbed area means any area which is for the time being declared by notification under section 3 of the punjab disturbed areas act, 32 of , or under section 3 of the chandigarh disturbed areas act, 33 of , to be a disturbed area. explanation 3.in this subsection, terrorist and disruptive activities means terrorist acts and disruptive activities within the meaning of the terrorist and disruptive activities prevention ordinance, ord. 2 of . 2 in the case of any person to whom subsection 1 applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely: a in section 3, i in subsection 4, in the proviso, a for the words ten days, the words fifteen days shall be substituted b for the words fifteen days the words twenty days shall be substituted ii in subsection 5, for the words seven days, the words fifteen days shall be substituted b in section 8, in subsection 1, for the words ten days, the words fifteen days shall be substituted c in section 10, for the words shall, within three weeks, the words shall, within four months and two weeks shall be substituted d in section 11, i in subsection 1, for the words seven weeks, the words five months and three weeks shall be substituted ii in subsection 2, for the words detention of the person concerned, the words continued detention of the person concerned shall be substituted e in section 12, for the words for the detention, at both the places where they occur, the words for the continued detention shall be substituted f in section 13, for the words twelve months, the words two years shall be substituted: g in section 14, in the proviso to subsection 2, for the words twelve months the words two years shall be substituted. 1. ins. by act 27 of , s. 3 w.e.f. earlier section 14a was inserted vide the national security amendment act, 24 of , s. 5 and subsequently the said section was repealed by the national security amendment act, 27 of , s. 4. 2. subs. by act 43 of , s. 2, for 8th day of june, w.e.f.

section 14. of the national security act : show related subordinates 1 without prejudice to the provisions of section 21 of the general clauses act, 10 of , a detention order may, at any time, be revoked or modified, a notwithstanding that the order has been made by an officer mentioned in subsection 3 of section 3, by the state government to which that officer is subordinate or by the central government b notwithstanding that the order has been made by a state government, by the central government. 1 2 the expiry or revocation of a detention order hereafter in this subsection referred to as the earlier detention order shall not whether such earlier detention order has been made before or after the commencement of the national security second amendment act, 60 of bar the making of another detention order hereafter in this subsection referred to as the subsequent detention order under section 3 against the same person: provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximumperiod for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order. 1. subs. by act 60 of , s. 3, for subsection 2 w.e.f. . notifications yeardescriptionfiles nsa gazette notification 29.03. nsa gazette notification 12.08. advisory board

section 18. of the national security act : 1 the national security ordinance, 11 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act, as if this act had come into force on the 23rd day of september, , and, in particular, any reference made under section 10 of the said ordinance and pending before any advisory board immediately before the date on which this act receives the assent of the president may continue to be dealt with by that board after that date as if such board had been constituted under section 9 of this act.

section 16. of the national security act : no suit or other legal proceeding shall lie against the central government or a state government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this act.

section 17. of the national security act : 1 nothing in this act shall apply or have any effect with respect to orders of detention, made under any state law, which are in force immediately before the commencement of the national security ordinance, 11 of , and accordingly every person in respect of whom an order of detention made under any state law is in force immediately before such commencement, shall be governed with respect to such detention by the provisions of such state law or where the state law under which such order of detention is made is an ordinance hereinafter referred to as the state ordinance promulgated by the governor of that state and the state ordinance has been replaced i before such commencement, by an enactment passed by the legislature of that state, by such enactment or ii after such commencement, by an enactment which is passed by the legislature of that state and the application of which is confined to orders of detention made before such commencement under the state ordinance, by such enactment, as if this act had not been enacted. 2 nothing in this section shall be deemed to bar the making under section 3, of a detention order against any person referred to in subsection 1 after the detention order in force in respect of him as aforesaid immediately before the commencement of the national security ordinance, 11 of , ceases to have effect for any reason whatsoever. explanation.for the purposes of this section, state law means any law providing for preventive detention on all or any of the grounds on which an order of detention may be made under subsection 2 of section 3 and in force in any state immediately before the commencement of the said ordinance.

section 8. of the national highways authority of india act : no act or proceeding of the authority shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure adopted by the authority not affecting the merits of the case.

section 1. of the national highways authority of india act : 1 this act may be called the national highways authority of india act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th june, , vide notification no. s.o. 451e, dated 15th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the national highways authority of india act : in this act, unless the context otherwise requires, a authority means the national highways authority of india constituted under section 3 b chairman means the chairman of the authority c employee means a person in the fulltime service of the authority d member means a member of the authority appointed under section 3 and includes the chairman e national highway means any highway for the time being declared as a national highway under section 2 of the national highways act, 48 of f prescribed means prescribed by rules made under this act g regulations means regulations made by the authority under this act h words and expressions used herein and not defined but defined in the national highways act, 48 of shall have the meanings assigned to them in that act.

section 7. of the national highways authority of india act : show related subordinates 1 the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum thereat, as may be provided by regulations. 2 if for any reason the chairman is unable to attend any meeting of the authority any other member chosen by the members present at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairman, or in his absence the person presiding, shall have and exercise a second or casting vote.

section 3. of the national highways authority of india act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be constituted for the purposes of this act an authority to be called the national highways authority of india. 2 the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 1 3 the authority shall consist of a a chairman b not more than six fulltime members and c not more than six parttime members, to be appointed by the central government by notification in the official gazette: provided that the central government shall, while appointing the parttime members, ensure that at least two of them are nongovernment professionals having knowledge or experience in financial management, transportation planning or any other relevant discipline. 1. subs. by act 19 of , s. 2, for subsection 3 w.e.f. .

section 4. of the national highways authority of india act : show related subordinates the term of office and other conditions of service of the members shall be such as may be prescribed.

section 9. of the national highways authority of india act : show related subordinates 1 for the purpose of discharging its functions, the authority shall appoint such number of officers and other employees as it may consider necessary on such terms and conditions as may be laid down by the regulations. 2 the authority may appoint, from time to time, any person as adviser or consultant as it may consider necessary, on such terms and conditions as may be laid down by the regulations.

section 5. of the national highways authority of india act : show related subordinates a person shall be disqualified for being appointed as a member if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a corporation owned or controlled by the government or e has, in the opinion of the central government, such financial or other interest in the authority as is likely to affect prejudicially the discharge by him of his functions as a member.

section 12. of the national highways authority of india act : 1 on and from the date of publication of the notification under section 11, a all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for, the central government, immediately before such date for or in connection with the purposes of any national highway or any stretch thereof vested in, or entrusted to, the authority under that section, shall be deemed to have been incurred, entered into and engaged to be done by, with, or for, the authority b all nonrecurring expenditure incurred by or for the central government for or in connection with the purposes of any national highway or any stretch thereof, so vested in, or entrusted to, the authority, up to such date and declared to be capital expenditure by the central government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the central government to the authority c all sums of money due to the central government in relation to any national highway or any stretch thereof, so vested in, or entrusted to, the authority immediately before such date shall be deemed to be due to the authority d all suits and other legal proceedings instituted or which could have been instituted by or against the central government immediately before such date for any matter in relation to such national highway or any stretch thereof may be continued or instituted by or against the authority. 2 if any dispute arises as to which of the assets, rights or liabilities of the central government have been transferred to the authority, such dispute shall be decided by the central government.

section 6. of the national highways authority of india act : show related subordinates subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such member.

section 15. of the national highways authority of india act : 1 every contract shall, on behalf of the authority, be made by the chairman or such other member or such officer of the authority as may be generally or specially empowered in this behalf by the authority and such contracts or classes of contracts as may be specified in the regulations shall be sealed with the common seal of the authority: provided that no contract exceeding such value or amount as the central government may prescribe in this behalf shall be made unless it has been previously approved by that government: provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the central government may prescribe in this behalf shall be made unless it has been previously approved by that government. 2 subject to the provisions of subsection 1, the form and manner in which any contract shall be made under this act shall be such as may be provided by regulations. 3 no contract which is not in accordance with the provisions of this act and the regulations shall be binding on the authority.

section 16. of the national highways authority of india act : 1 subject to the rules made by the central government in this behalf, it shall be the function of the authority to develop, maintain and manage the national highways and any other highways vested in, or entrusted to, it by the government. 2 without prejudice to the generality of the provisions contained in subsection 1, the authority may, for the discharge of its functions a survey, develop, maintain and manage highways vested in, or entrusted to, it b construct offices or workshops and establish and maintain hotels, motels, restaurants and restrooms at or near the highways vested in, or entrusted to, it c construct residential buildings and townships for its employees d regulate and control the plying of vehicles on the highways vested in, or entrusted to, it for the proper management thereof e develop and provide consultancy and construction services in india and abroad and carry on research activities in relation to the development, maintenance and management of highways or any facilities thereat f provide such facilities and amenities for the users of the highways vested in, or entrusted to, it as are, in the opinion of the authority, necessary for the smooth flow of traffic on such highways g form one or more companies under the companies act, 1 of to further the efficient discharge of the functions imposed on it by this act 1 h engage, or entrust any of its functions to, any person on such terms and conditions as may be prescribed i advise the central government on matters relating to highways j assist, on such terms and conditions as may be mutually agreed upon, any state government in the formulation and implementation of schemes for highway development k collect fees on behalf of the central government for services or benefits rendered under section 7 of the national highways act, 48 of , as amended from time to time, and such other fees on behalf of the state governments on such terms and conditions as may be specified by such state governments and l take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this act. 3 nothing contained in this section shall be construed as a authorising the disregard by the authority of any law for the time being in force or b authorising any person to institute any proceeding in respect of a duty or liability to which the authority or its officers or other employees would not otherwise be subject under this act. 1. subs. by act 16 of , s. 7, for clause h w.e.f. .

section 10. of the national highways authority of india act : in the discharge of its functions under this act, the authority shall act, so far as may be, on business principles.

section 17. of the national highways authority of india act : 1 17. additional capital and grants to the authority by the central government.the central government may, after due appropriation made by parliament, by law in this behalf, a provide any capital that may be required by the authority for the discharge of its functions under this act or for any purpose connected therewith on such terms and conditions as that government may determine b pay to the authority, on such terms and conditions as the central government may determine, by way of loans or grants such sums of money as that government may consider necessary for the efficient discharge by the authority of its functions under this act. 1. subs. by s. 8, ibid., for section 17 w.e.f. .

section 11. of the national highways authority of india act : show related subordinates the central government may, from time to time, by notification in the official gazette, vest in, or entrust to, the authority, such national highway or any stretch thereof as may be specified in such notification.

section 13. of the national highways authority of india act : 113. compulsory acquisition of land for the authority. any land required by the authority for discharging its functions under this act shall be deemed to be land needed for a public purpose and such land may be acquired for the authority under the provisions of the national highways act, 48 of . 1. subs. by act 16 of , s. 6, for section 13 w.e.f. .

section 14. of the national highways authority of india act : show related subordinates subject to the provisions of section 15, the authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this act.

section 18. of the national highways authority of india act : 1 there shall be constituted a fund to be called the national highways authority of india fund and there shall be credited thereto a any grant or aid received by the authority b any loan taken by the authority or any borrowings made by it c any other sums received by the authority. 2 the fund shall be utilised for meeting a expenses of the authority in the discharge of its functions having regard to the purposes for which such grants, loans or borrowings are received and for matters connected therewith or incidental thereto b salary, allowances, other remuneration and facilities provided to the members, officers and other employees of the authority c expenses on objects and for purposes authorised by this act.

section 25. of the national highways authority of india act : show related subordinates the authority may, by general or special order in writing, delegate to the chairman or any other member or to any officer of the authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act except its powers under section 35 as it may deem necessary.

section 19. of the national highways authority of india act : the authority shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the authority and forward the same to the central government.

section 20. of the national highways authority of india act : the authority may invest its funds including any reserve fund in the securities of the central government or in such other manner as may be prescribed.

section 21. of the national highways authority of india act : 1 the authority may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this act. 2 subject to such limits as the central government may, from time to time, lay down, the authority may borrow temporarily by way of overdraft or otherwise, such amounts as it may require for discharging its functions under this act. 3 the central government may guarantee in such manner as it thinks fit the repayment of the principal and the payment of interest thereon with respect to the borrowings made by the authority under subsection 1.

section 23. of the national highways authority of india act : show related subordinates the accounts of the authority shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed and the authority shall furnish, to the central government before such date as may be prescribed, its audited copy of accounts together with the auditors report thereon.

section 22. of the national highways authority of india act : the authority shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government.

section 24. of the national highways authority of india act : show related subordinates the central government shall cause the annual report and auditors report to be laid, as soon as may be, after they are received, before each house of parliament.

section 26. of the national highways authority of india act : show related subordinates all orders, decisions and other instruments of the authority shall be authenticated by the signature of the chairman or any other member or any officer of the authority authorised by it in this behalf.

section 27. of the national highways authority of india act : show related subordinates all members, officers and employees of the authority shall, when acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 33. of the national highways authority of india act : 1 without prejudice to the other provisions of this act, the authority shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give to it in writing from time to time. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 29. of the national highways authority of india act : show related subordinates the authority may undertake to carry out on behalf of the government or any local authority any works or services or any class of works or services on such terms and conditions as may be agreed upon between the authority and the government or local authority concerned.

section 28. of the national highways authority of india act : show related subordinates 1 no suit, prosecution or other legal proceeding shall lie against the authority or any member or officer or employee of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. 2 no suit, prosecution or other legal proceeding shall lie against the authority or any member or officer or employee of the authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. rules yeardescriptionfiles highways administration rules,

section 34. of the national highways authority of india act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the term of office and other conditions of service of the members b the powers and duties of the chairman and of the members c the terms and conditions subject to which the nonrecurring expenditure incurred by or for the central government for or in connection with the purposes of any national highway shall be treated as capital provided by the central government to the authority under clause b of subsection 1 of section 12 d the value or amount required to be prescribed under subsection 1 of section 15 1 dd the terms and conditions subject to which the functions of the authority may be entrusted to any person under clause h of subsection 2 of section 16 e the form in which and the time within which the authority shall prepare its budget under section 19 and its annual report under section 22 f the manner in which the authority may invest its funds under section 20 g the manner in which the accounts of the authority shall be maintained and audited and the date before which the audited copy of the accounts together with the auditors report thereon shall be furnished to the central government under section 23 h the conditions and restrictions with respect to the exercise of the power to enter under section 30 and the matters referred to in clause f of that section and i any other matter which is required to be, or may be, prescribed. 1. ins. by act 16 of , s. 9 w.e.f. .

section 31. of the national highways authority of india act : 1 if, at any time, the central government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the authority to entrust the development, maintenance or management of any national highway or a part thereof with effect from such date and for such period and to such person as may be specified in the order and the authority shall be bound to comply with such direction. 2 where development, maintenance or management of any national highway or part thereof is entrusted to any person specified under subsection 1 hereafter in this section referred to as the authorised person, the authority shall cease to exercise and discharge all its powers and functions under this act in relation to such national highway or part thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the central government may give to the authorised person from time to time: provided that no such power or function as may be specified by the central government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the central government. 3 the central government may reduce or extend the period mentioned in subsection 1 as it considers necessary. 4 during the operation of an order made under subsection 1, it shall be competent for the central government to issue, from time to time, such directions to the authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the authority under this act in relation to the national highway or part thereof, the management of which has been entrusted to him and in particular, to transfer any sum of money from the fund of the authority to the authorised person for the management of the national highway or part thereof and every such direction shall be complied with by the authority. 5 on the cesser of operation of any order made under subsection 1 in relation to any national highway or part thereof, the authorised person shall cease to exercise and perform the powers andfunctions of the authority under this act in relation to such national highway or part thereof and the authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this act. 6 on the cesser of operation of any order made under subsection 1 in relation to any national highway or part thereof, the authorised person shall hand over to the authority any property including any sum of money or other asset remaining with him in connection with the management of such national highway or part thereof.

section 30. of the national highways authority of india act : subject to any regulations made in this behalf any person, generally or specially authorised by the authority in this behalf, may, whenever it is necessary so to do for any of the purposes of this act, at all reasonable times, enter upon any land or premises, and a make any inspection, survey, measurement, valuation or enquiry b take levels c dig or bore into subsoil d set out boundaries and intended lines of work e mark such levels, boundaries and lines by placing marks and cutting trenches or f do such other acts or things as may be prescribed: provided that no such person shall enter any boundary or any enclosed court or garden attached to a dwellinghouse except with the consent of the occupier thereof without previously giving such occupier at least twentyfour hours notice in writing of his intention to do so.

section 32. of the national highways authority of india act : show related subordinates 1 if, at any time, the central government is of opinion a that on account of a grave emergency the authority is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the authority has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding one year, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause b, the central government shall give a reasonable opportunity to the authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, or under the provisions of this act, be exercised or discharged by or on behalf of the authority, shall, until the authority is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct c all property owned or controlled by the authority shall, until the authority is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further term, not exceeding one year, as it may consider necessary or b reconstitute the authority by fresh appointment and in such a case, any person who vacated office under clause a of subsection 2 shall not be deemed disqualified for appointment: provided that the central government may, at any time before the expiration of the period of supersession whether as originally specified under subsection 1 or as extended under this subsection, take action under clause b of this subsection. 4 the central government shall cause a notification issued under subsection 1 or subsection 3 and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament as soon as may be.

section 37. of the national highways authority of india act : show related subordinates every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 35. of the national highways authority of india act : show related subordinates 1 the authority may, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the times and places of the meetings of the authority and the procedure to be followed for the transaction of business at such meetings b the terms and conditions of service, method of recruitment and the remuneration of officers and other employees appointed by the authority c the form and manner in which a contract or class of contracts may be made by the authority and the contracts or classes of contracts which are to be sealed with the common seal of the authority d the manner of preventing obstructions on the national highways for their normal functioning e the manner of prohibiting the parking or waiting of any vehicle or carriage on the national highway except at places specified by the authority f the manner of prohibiting or restricting access to any part of the national highway g the manner of regulating or restricting advertisements on and around national highways and h generally for the efficient and proper maintenance and management of the national highways.

section 36. of the national highways authority of india act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by notification in the official gazette, make order not inconsistent with the provisions of this act as may appear to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made after the expiration of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 8. of the administrative tribunals act : 18. term of office.1 the chairman shall hold office as such for a term of five years from the date on which he enters upon his office: provided that no chairman shall hold office as such after he has attained the age of sixtyeight years. 2 a member shall hold office as such for a term of five years from the dale on which he enters upon his office extendable by one more term of five years: provided that no member shall hold office as such after he has attained the age of sixtyfive years. 3 the conditions of service of chairman and members shall be the same as applicable to judges of the high court. 1. subs. by s. 7, ibid., for section 8 w.e.f. .

section 2. of the administrative tribunals act : show related subordinates the provisions of this act shall not apply to a any member of the naval, military or air forces or of any other armed forces of the union 1 c any officer or servant of the supreme court or of any high court 2or courts subordinate thereto d any person appointed to the secretarial staff of either house of parliament or to the secretarial staff of any state legislature or a house thereof or, in the case of a union territory having a legislature, of that legislature. 1. clause b omitted by act 19 of , s. 3 w.e.f. . 2. ins. by act 51 of , s. 2 w.e.f..

section 1. of the administrative tribunals act : show related subordinates 11. short title, extent and commencement.1 this act may be called the administrative tribunals act, . 2 it extends, a in so far as it relates to the central administrative tribunal, to the whole of india 2 3 the provisions of this act, in so far as they relate to the central administrative tribunal, shall come into force on such date3 as the central government may, by notification, appoint. 4 the provisions of this act, in so far as they relate to an administrative tribunal for a state, shall come into force in a state on such date as the central government may, by notification, appoint. 1. subs. by act 19 of , s. 2, for any corporation owned or controlled by the government w.e.f. . 2. clause b omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3.1st july, , vide notification no. g.s.r. 527e, dated by 1st july, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the administrative tribunals act : show related subordinates 1 in the event of the occurrance of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, 1such one of the members as the appropriate government may, by notification, authorise in this behalf, shall act as the chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy enters upon his office. 2 when the chairman is unable to discharge his functions owing to absence, illness or any other cause, the vicechairman or, as the case may be, such one of the vicechairmen as the appropriate government may, by notification, authorise in this behalf, shall discharge the functions of the chairman until the date on which the chairman resumes his duties. 1. subs. by act 1 of , s. 6, for vicechairman or, as the case may be, such one of the vicechairman w.e.f. .

section 9. of the administrative tribunals act : show related subordinates 1 the chairman, 1 or other member may, by notice in writing under his hand addressed to the president, resign his office: provided that the chairman, 1 or other member shall, unless he is permitted by the president to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 2 the chairman, 1 or any other member shall not be removed from his office except by an order made by the president on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which such chairman, 1 or other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 3 the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman, 1 or other member referred to in subsection 2. 1. the word vicechairman omitted by s. 8, ibid. w.e.f. .

section 10. of the administrative tribunals act : 10. salaries and allowances and other terms and conditions of service of chairman, 1 and other members.the salaries and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairman, 1 and other members shall be such as may be prescribed by the central government: provided that neither the salary and allowances nor the other terms and conditions of service of the chairman, 1 or other member shall be varied to his disadvantage after his appointment. 2provided further that where a serving government officer is appointed as a member, he shall be deemed to have retired from the service to which he belonged on the date on which he assumed the charge of the member but his subsequent service as member shall, at his option, be reckoned as a postretirement reemployment counting for pension and other retirement benefits in the service to which he belonged. 1. the word vicechairman omitted by s. 9, ibid. w.e.f. . 2. ins. by s. 9, ibid. w.e.f. .

section 10a. of the administrative tribunals act : 110a. saving terms and conditions of service of vicechairman.the chairman, vicechairman and member of a tribunal appointed before the commencement of the administrative tribunals amendment act, 1 of shall continue to be governed by the provisions of the act, and the rules made thereunder as if the administrative tribunals amendment act, had not come into force: provided that, however, such chairman and the members appointed before the coming into force of administrative tribunals amendment act, 1 of , may on completion of their term or attainment of the age of sixtyfive or sixtytwo years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the administrative tribunals amendment act, be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the chairman shall not exceed five years and that of the members, ten years. 1. ins. by act 1 of , s. 10 w.e.f. .

section 3. of the administrative tribunals act : show related subordinates in this act, unless the context otherwise requires, 1a administrative member means a member of a tribunal who is not a judicial member within the meaning of clause i 2aa administrative tribunal, in relation to a state, means the administrative tribunal for the state or, as the case may be, the joint administrative tribunal for that state and any other state or states b application means an application made under section 19 c appointed day, in relation to a tribunal, means the date with effect from which it is established, by notification, under section 4 d appropriate government means, i in relation to the central administrative tribunal or a joint administrative tribunal, the central government ii in relation to a state administrative tribunal, the state government e bench means a bench of a tribunal f central administrative tribunal means the administrative tribunal established under subsection 1 of section 4 g chairman means the chairman of a tribunal h joint administrative tribunal means an administrative tribunal for two or more states established under subsection 3 of section 4 3i judicial member means a member of a tribunal appointed as such under this act, and includes 4the chairman who possesses any of the qualifications specified in subsection 3 of section 6 ia member means a member whether judicial or administrative of a tribunal, and includes the chairman 5 j notification means a notification published in the official gazette k post means a post within or outside india l prescribed means prescribed by rules made under this act m president means the president of india 6 o rules means rules made under this act p service means service within or outside india q service matters, in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india, or, as the case may be, of any corporation 7or society owned or controlled by the government, as respects i remuneration including allowances, pension and other retirement benefits ii tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation iii leave of any kind iv disciplinary matters or v any other matter whatsoever r service rules as to redressal of grievances, in relation to any matter, means the rules, regulations, orders or other instruments or arrangements as in force for the time being with respect to redressal, otherwise than under this act, of any grievances in relation to such matters 8rr society means a society registered under the societies registration act, 21 of , or under any corresponding law for the time being in force in a state s supreme court means the supreme court of india t tribunal means the central administrative tribunal or a state administrative tribunal or a joint administrative tribunal 9u vicechairman means a member who has been authorised by the appropriate government to perform administrative functions at each of the places where benches of the tribunal have been set up. explanation.in the case of a tribunal having two or more vicechairmen, references to the vicechairman in this act shall be construed as a reference to each of those vicechairmen. 1. ins. by act 19 of , s. 4 w.e.f. 2. clause a relettered as clause aa thereof by s. 4, ibid. w.e.f. . 3. subs. by act 19 of , s. 4, for clause i w.e.f. 4. subs. by act 1 of , s. 2, for the chairman or a vicechairman w.e.f. . 5. the words and a vicechairman omitted by s. 2, ibid. w.e.f. . 6. clause n omitted by act 19 of , s. 4 w.e.f. . 7. ins. by s. 4, ibid. w.e.f. . 8. ins. by act 19 of , s. 4 w.e.f. . 9. subs. by act 1 of , s. 2, for clause u w.e.f. .

section 5. of the administrative tribunals act : show related subordinates 1 each tribunal shall consist of 1a chairman and such number of judicial and administrative members as the appropriate government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the tribunal may be exercised by benches thereof. 22 subject to the other provisions of this act, a bench shall consist of one judicial member and one administrative member. 3 4 notwithstanding anything contained in subsection 1, 4 the chairman 5a may, in addition to discharging the functions of the judicial member or the administrative member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the administrative member, of any other bench b may transfer 6a member from one bench to another bench 7c may authorise 8the judicial member or the administrative member appointed to one bench bench to discharge also the functions of 9the judicial member or the administrative member, as the case may be of another bench and d may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, requires or require, in his opinion or under the rules made by the central government in this behalf, to be decided by a bench composed of more than 10two members, issue such general or special orders, as he may deem fit. 11provided that every bench constituted in pursuance of this clause shall include at least one judicial member and one administrative member. 12 6 notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the chairman or any other member authorised by the chairman in this behalf to function as 13a bench consisting of a single member and exercise the jurisdiction, powers and authority of the tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the chairman may by general or special order specify: provided that if at any stage of the hearing of any such case or matter it appears to the chairman or such member that the case or matter is of such a nature that it ought to be heard by a bench consisting of 14two members, the case or matter may be transferred by the chairman or, as the case may be, referred to to him for transfer to, such bench as the chairman may deem fit. 157 subject to the other provisions of this act, the benches of the central administrative tribunal shall ordinarily sit at new delhi which shall be known as the principal bench, allahabad, calcutta, madras, new bombay and at such other places as the central government may, by notification, specify. 8 subject to the other provisions of this act, the places at which the principal bench and other benches of a state administrative tribunal shall ordinarily sit shall be such as the state government may, by notification, specify. 1. subs. by act 1 of , s. 4, for a chairman and such number of vicechairman and judicial and administrative members w.e.f . 2. subs. by act 19 of , s. 6, for subsection 2 w.e.f. . 3. subsection 3 omitted by s. 6, ibid. w.e.f. . 4. the words, brackets and figure or subsection 3 omitted by s. 6, ibid. w.e.f.. 5. subs. by s. 6, ibid., for clause a w.e.f. . 6. subs. by act 1 of , s. 4, for the vicechairman or other members w.e.f. . 7. subs. by act 19 of , s. 6, for clause c w.e.f. . 8. subs. by act 1 of , s. 4, for the vicechairman or the judicial member w.e.f. . 9. subs. by s. 4, ibid., for the vicechairman or, as the case may be, the judicial member or the administrative member w.e.f. . 10. subs. by act 19 of , s. 6, for three members w.e.f. . 11. ins. by s. 6, ibid. w.e.f. . 12. subsection 5 omitted by s. 6, ibid. w.e.f. . 13. subs. by s. 6, ibid., for an additional bench w.e.f. . 14. subs. by act 19 of , s. 6, for three members w.e.f. . 15. subs. by s. 6, ibid., for subsection 7 w.e.f. .

section 10b. of the administrative tribunals act : 110b. qualifications, terms and conditions of service of chairman and member.notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairman and other members of the tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairman and member appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 176 w.e.f. . 2. subs. by act 33 of , s. 15, for part xiv of chapter vi of the finance act, , shall be governed by the provisions of section 184 of that act w.e.f.

section 12. of the administrative tribunals act : show related subordinates 112. financial and administrative powers of the chairman.1 the chairman shall exercise such financial and administrative powers over the benches as may be vested in him under the rules made by the appropriate government. 2 the appropriate government may designate one or more members to be the vicechairman or, as the case may be, vicechairman thereof and the members so designated shall exercise such of the powers and perform such of the functions of the chairman as may be delegated to him by the chairman by a general or special order in writing. 1. subs. by act 1 of , s. 12, for section 12 w.e.f. .

section 4. of the administrative tribunals act : show related subordinates 1 the central government shall, by notification, establish an administrative tribunal, to be known as the central administrative tribunal, to exercise the jurisdiction, powers and authority conferred on the central administrative tribunal by or under this act. 2 the central government may, on receipt of a request in this behalf from any state government, establish, by notification, an administrative tribunal for the state to be known as the.......name of the state administrative tribunal to exercise the jurisdiction, powers and authority conferred on the administrative tribunal for the state by or under this act. 3 two or more states may, notwithstanding anything contained in subsection 2 and notwithstanding that any or all of those states has or have tribunals established under that subsection, enter into an agreement that the same administrative tribunal shall be the administrative tribunal for each of the states participating in the agreement, and if the agreement is approved by the central government and published in the gazette of india and the official gazette of each of those states, the central government may, by notification, establish a joint administrative tribunal to exercise the jurisdiction, powers and authority conferred on the administrative tribunals for those states by or under this act. 4 an agreement under subsection 3 shall contain provisions as to the name of the joint administrative tribunal, the manner in which the participating states may be associated in the selection of the 1chairman and other members of the joint administrative tribunal, the places at which the bench or benches of the tribunal shall sit, the apportionment among the participating states of the expenditure in connection with the joint administrative tribunal and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this act as may be deemed necessary or expedient for giving effect to the agreement. 25 notwithstanding anything contained in the foregoing provisions of this section or subsection 1 of section 5, the central government may, a with the concurrence of any state government, designate, by notification, all or any of the members of the bench or benches of the state administrative tribunal established for that state under subsection 2 as members of the bench or benches of the central administrative tribunal in respect of that state and the same shall exercise the jurisdiction, powers and authority conferred on the central administrative tribunal by or under this act b on receipt of a request in this behalf from any state government, designate, by notification, all or any of the members of the bench or benches of the central administrative tribunal functioning in that state as the members of the bench or benches of the state administrative tribunal for that state and the same shall exercise the jurisdiction, powers and authority conferred on the administrative tribunal for that state by or under this act, and upon such designation, the bench or benches of the state administrative tribunal or, as the case may be, the bench or benches of the central administrative tribunal shall be deemed, in all respects, to be the central administrative tribunal, or the state administrative tribunal for that state established under the provisions of article 323a of the constitution and this act. 6 every notification under subsection 5 shall also provide for the apportionment between the state concerned and the central government of the expenditure in connection with the members common to the central administrative tribunal and the state administrative tribunal and such other incidental and consequential provisions not inconsistent with this act as may be deemed necessary or expedient. 1. subs. by s. 3, ibid., for chairman, vicechairman and other members w.e.f. . 2. ins. by act 19 of , s. 5 w.e.f. .

section 13. of the administrative tribunals act : show related subordinates 1 the appropriate government shall determine the nature and categories of the officers and other employees required to assist a tribunal in the discharge of its functions and provide the tribunal with such officers and other employees as it may think fit. 11a the officers and other employees of a tribunal shall discharge their functions under the general superintendence of the chairman. 2 the salaries and allowances and conditions of service of the officers and other employees of a tribunal shall be such as may be specified by rules made by the appropriate government. 1. ins. by act 19 of , s. 10 w.e.f. .

section 6. of the administrative tribunals act : 16. qualifications for appointment as chairman, vicechairman and other members.1 a person shall not be qualified for appointment as the chairman unless he is, or has been, a judge of a high court: provided that a person appointed as vicechairman before the commencement of this act shall be qualified for appointment as chairman if such person has held the office of the vicechairman at least for a period of two years. 2 a person shall not be qualified for appointment, a as an administrative member, unless he has held for at least two years the post of secretary to the government of india or any other post under the central or state government and carrying the scale of pay which is not less than that of a secretary to the government of india for at least two years or held a post of additional secretary to the government of india for at least five years or any other post under the central or state government carrying the scale of pay which is not less than that of additional secretary to the government of india at least for a period of five years: provided that the officers belonging to allindia services who were or are on central deputation to a lower post shall be deemed to have held the post of secretary or additional secretary, as the case may be, from the date such officers were granted proforma promotion or actual promotion whichever is earlier to the level of secretary or additional secretary, as the case may be, and the period spent on central deputation after such date shall count for qualifying service for the purposes of this clause b as a judicial member, unless he is or qualified to be a judge of a high court or he has for at least two years held the post of a secretary to the government of india in the department of legal affairs or the legislative department including membersecretary, law commission of india or held a post of additional secretary to the government of india in the department of legal affairs and legislative department at least for a period of five years. 3 the chairman and every other member of the central administrative tribunal shall be appointed after consultation with the chief justice of india by the president. 4 subject to the provision of subsection 3, the chairman and every other member of an administrative tribunal for a state shall be appointed by the president after consultation with the governor of the concerned state. 5 the chairman and every other member of a joint administrative tribunal shall, subject to the provisions of subsection 3 and subject to the terms of the agreement between the participating state governments published under subsection 3 of section 4 of the principal act, be appointed by the president after consultation with the governors of the concerned states. explanation.in computing for the purpose of this section, the period during which a person has held any post under the central or state government, there shall be included the period during which he has held any other post under the central or state government including an office under this act carrying the same scale of pay as that of first mentioned post on a higher scale of pay. 1. subs. by act 1 of , s. 5, for section 6 w.e.f. .

section 11., on ceasing to be such chairman, etc. of the administrative tribunals act : on ceasing to hold office, a the chairman of the central administrative tribunal shall be ineligible for further employment either under the government of india or under the government of a state b the chairman of a state administrative tribunal or a joint administrative tribunal shall, subject to the other provisions of this act, be eligible for appointment as the chairman or 1 any other member of the central administrative tribunal or as the chairman of any other state administrative tribunal or joint administrative tribunal, but not for any other employment either under the government of india or under the government of a state 2 e a member other than the chairman 3 of any tribunal shall, subject to the other provisions of this act, be eligible for appointment as the chairman 3 of such tribunal or as the chairman, vicechairman or other member of any other tribunal, but not for any other employment either under the government of india or under the government of a state f the chairman, 4 or other member shall not appear, act or plead before any tribunal of which he was the chairman, 4 or other member. explanation.for the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of india or under the control of the government of india or under any corporation 5or society owned or controlled by the government. 1. the words vicechairman or omitted by s. 11, ibid. w.e.f. . 2. clauses c and d omitted by s. 11, ibid. w.e.f. . 3. the words or vicechairman omitted by s. 11, ibid. w.e.f. . 4. the word vicechairman omitted by s. 11, ibid. w.e.f. . 5. ins. by 19 of , s. 8 w.e.f. .

section 18. of the administrative tribunals act : show related subordinates 1 where 1any benches of a tribunal are constituted, the appropriate government may, from time to time, by notification, make provisions as to the distribution of the business of the tribunal amongst the 2 benches and specify the matters which may be dealt with by each bench. 2 if any question arises as to whether any matter falls within the purview of the business allocated to a bench of a tribunal, the decision of the chairman thereon shall be final. explanation.for the removal of doubts, it is hereby declared that the expression matters includes applications under section 19. 1. subs. by act 19 of , s. 13, for any additional bench or benches of a tribunal is or are constituted w.e.f. . 2. the words principal bench and the additional bench or additional omitted by s. 13, ibid. w.e.f. .

section 14. of the administrative tribunals act : show related subordinates 1 save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the supreme court 1 in relation to a recruitment, and matters concerning recruitment, to any allindia service or to any civil service of the union or a civil post under the union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian b all service matters concerning i a member of any allindia service or ii a person not being a member of an allindia service or a person referred to in clause c appointed to any civil service of the union or any civil post under the union or iii a civilian not being a member of an allindia service or a person referred to in clause c appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation 2or society owned or controlled by the government c all service matters pertaining to service in connection with the affairs of the union concerning a person appointed to any service or post referred to in subclause ii or subclause iii of clause b, being a person whose services have been placed by a state government or any local or other authority or any corporation 2or society or other body, at the disposal of the central government for such appointment. 3explanation.for the removal of doubts, it is hereby declared that references to union in this subsection shall be construed as including references also to a union territory. 2 the central government may, by notification, apply with effect from such date as may be specified in the notification the provisions of subsection 3 to local or other authorities within the territory of india or under the control of the government of india and to corporations 2or societies owned or controlled by government, not being a local or other authority or corporation 2or society controlled or owned by a state government: provided that if the central government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dates may be so specified under this subsection in respect of different classes of, or different categories under any class of, local or other authorities or corporations 2or societies. 3 save as otherwise expressly provided in this act, the central administrative tribunal shall also exercise, on and from the date with effect from which the provisions of this subsection apply to any local or other authority or corporation 4or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts except the supreme court 5 in relation to a recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation 4or society and b all service matters concerning a person other than a person referred to in clause a or clause b of subsection 1 appointed to any service or post in connection with the affairs of such local or other authority or corporation 4or society and pertaining to the service of such person in connection with such affairs. 12. the words and figures under article 136 of the constitution omitted by s. 11, ibid. w.e.f. . 2. ins. by s. 11, ibid. w.e.f. . 3. ins. by s. 11, ibid. w.e.f. 4 ins. by act 19 of , s. 11 w.e.f. . 5. the words and figures under article 136 of the constitution omitted by s. 11, ibid. w.e.f. .

section 15. of the administrative tribunals act : 1 save as otherwise expressly provided in this act, the administrative tribunal for a state shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the supreme court 1 in relation to a recruitment, and matters concerning recruitment, to any civil service of the state or to any civil post under the state b all service matters concerning a person not being a person referred to in clause c of this subsection or a member, person or civilian referred to in clause b of subsection 1 of section 14 appointed to any civil service of the state or any civil post under the state and pertaining to the service of such person in connection with the affairs of the state or of any local or other authority under the control of the state government or of any corporation 2or society owned or controlled by the state government c all service matters pertaining to service in connection with the affairs of the state concerning a person appointed to any service or post referred to in clause b, being a person whose service have been placed by any such local or other authority or corporation 2or society or other body as is controlled or owned by the state government, at the disposal of the state government for such appointment. 2 the state government may, by notification, apply with effect from such date as may be specified in the notification the provisions of subsection 3 to local or other authorities and corporations 2or societies controlled or owned by the state government: provided that if the state government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this act, different dates may be so specified under this subsection in respect of different classes of, or different categories under any class of, local or other authorities or corporations 2or societies. 3 save as otherwise expressly provided in this act, the administrative tribunal for a state shall also exercise, on and from the date with effect from which the provisions of this subsection apply to any local or other authority or corporation 2or society, all the jurisdiction, powers and authority exercisable immediately before that date by all courts except the supreme court 1 in relation to a recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation 2or society and b all service matters concerning a person other than a person referred to in clause b of subsection 1 of this section or a member, person or civilian referred to in clause b of subsection 1 of section 14 appointed to any service or post in connection with the affairs of such local or other authority or corporation 2or society and pertaining to the service of such person in connection with such affairs. 4 for the removal of doubts, it is hereby declared that the jurisdiction, powers and authority of the administrative tribunal for a state shall not extend to, or be exercisable in relation to, any matter in relation to which the jurisdiction, powers and authority of the central administrative tribunal extends or is exercisable. 1. the words and figures under article 136 of the constitution omitted by s. 11, ibid. w.e.f. . 2. ins. by s. 12, ibid. w.e.f. .

section 21. of the administrative tribunals act : 1 a tribunal shall not admit an application, a in a case where a final order such as is mentioned in clause a of subsection 2 of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made b in a case where an appeal or representation such as is mentioned in clause b of subsection 2 of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months. 2 notwithstanding anything contained in subsection 1, where a the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the tribunal becomes exercisable under this act in respect of the matter to which such order relates and b no proceedings for the redressal of such grievance had been commenced before the said date before any high court, the application shall be entertained by the tribunal if it is made within the period referred to in clause a, or, as the case may be, clause b, of subsection 1 or within a period of six months from the said date, whichever period expires later. 3 notwithstanding anything contained in subsection 1 or subsection 2, an application may be admitted after the period of one year specified in clause a or clause b of subsection 1 or, as the case may be, the period of six months specified in subsection 2, if the applicant satisfies the tribunal that he had sufficient cause for not making the application within such period.

section 16. of the administrative tribunals act : a joint administrative tribunal for two or more states shall exercise all the jurisdiction, powers and authority exercisable by the administrative tribunals for such states.

section 17. of the administrative tribunals act : a tribunal shall have, and exercise, the same jurisdiction, powers and authority in respect of contempt of itself as a high court has and may exercise and, for this purpose, the provisions of the contempt of courts act, 70 of , shall have effect subject to the modifications that a the references therein to a high court shall be construed as including a reference to such tribunal b the references to the advocategeneral in section 15 of the said act shall be construed, i in relation to the central administrative tribunal, as a reference to the attorneygeneral or the solicitorgeneral or the additional solicitorgeneral and ii in relation to an administrative tribunal for a state or a joint administrative tribunal for two or more states, as a reference to the advocategeneral of the state or any of the states for which such tribunal has been established.

section 23., to appoint presenting officers. of the administrative tribunals act : 1 a person making an application to a tribunal under this act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the tribunal. 2 the central government or a state government or a local or other authority or corporation 1or society, to which the provisions of subsection 3 of section 14 or subsection 3 of section 15 apply, 2may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before a tribunal. 1. ins. by s. 16, ibid. w.e.f. . 2. subs. by s. 16, ibid., for may appoint w.e.f. .

section 24. of the administrative tribunals act : notwithstanding anything contained in any other provisions of this act or in any other law for the time being in force, no interim order whether by way of injunction or stay or in any other manner shall be made on, or in any proceedings relating to, an application unless a copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made and b opportunity is given to such party to be heard in the matter: provided that a tribunal may dispense with the requirements of clauses a and b and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the tribunal has continued the operation of the interim order.

section 19. of the administrative tribunals act : 1 subject to the other provisions of this act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a tribunal may make an application to the tribunal for the redressal of his grievance. explanation.for the purposes of this subsection, order means an order made a by the government or a local or other authority within the territory of india or under the control of the government of india or by any corporation 1or society owned or controlled by the government or b by an officer, committee or other body or agency of the government or a local or other authority or corporation 1or society referred to in clause a. 2 every application under subsection 1 shall be in such form and be accompanied by such documents or other evidence and by such fee if any, not exceeding one hundred rupees 2in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the central government. 33 on receipt of an application under subsection 1, the tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application but where the tribunal is not so satisfied, it may summarily reject the application after recording its reasons. 4 where an application has been admitted by a tribunal under subsection 3, every proceeding under the relevant service rules as to redressal of grievances in relation to the subjectmatter of such application pending immediately before such admission shall abate and save as otherwise directed by the tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules. 1. ins. by s. 14, ibid. w.e.f. . 2. subs. by s. 14, ibid., for as may be prescribed by the central government w.e.f. . 3. subs. by s. 14, ibid., for subsection 3 w.e.f. .

section 20. of the administrative tribunals act : 1 a tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. 2 for the purposes of subsection 1, a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, a if a final order has been made by the government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance or b where no final order has been made by the government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired. 3 for the purposes of subsections 1 and 2, any remedy available to an applicant by way of submission of a memorial to the president or to the governor of a state or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial.

section 26. of the administrative tribunals act : 126. decision to be by majority.if the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the tribunal and such point or points shall be decided according to the opinion of the majority of the members of the tribunal who have heard the case, including those who first heard it. 1. subs. by act 19 of , s. 17, for sections 25 and 26 w.e.f. .

section 22. of the administrative tribunals act : 1 a tribunal shall not be bound by the procedure laid down in the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and subject to the other provisions of this act and of any rules made by the central government, the tribunal shall have power to regulate its own procedure including the fixing of places and times of its inquiry and deciding whether to sit in public or in private. 2 a tribunal shall decide every application made to it as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents and written representations and 1after hearing such oral arguments as may be advanced. 3 a tribunal shall have, for the purposes of 2discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witness or documents f reviewing its decisions g dismissing a representation for default or deciding it ex parte h setting aside any order of dismissal of any representation for default or any order passed by it ex parte and i any other matter which may be prescribed by the central government. 1. subs. by act 19 of , s. 15, for after hearing of oral arguments, if any, allowed by the tribunal in the circumstances of the case w.e.f. . 2. subs. by s. 15, ibid., for holding any inquiry w.e.f. .

section 29a. of the administrative tribunals act : 129a. provision for filing of certain appeals.where any decree or order has been made or passed by any court other than a high court in any suit or proceeding before the establishment of a tribunal, being a suit or proceeding the cause of action whereon it is based is such that it would have been if it had arisen after such establishment, within the jurisdiction of such tribunal, and no appeal has been preferred against such decree or order before such establishment and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie a to the central administrative tribunal, within ninety days from the date on which the administrative tribunals amendment bill, receives the assent of the president, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later, or b to any other tribunal, within ninety days from its establishment or within ninety days from the date of receipt of the copy of such decree or order, whichever is later. 1. ins. by act 19 of , s. 21 w.e.f. .

section 25. of the administrative tribunals act : 125. power of chairman to transfer cases from one bench to another.on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench. 1. subs. by act 19 of , s. 17, for sections 25 and 26 w.e.f. .

section 32. of the administrative tribunals act : no suit, prosecution or other legal proceeding shall lie against the central or state government or against the chairman, 1 or other member of any central or joint or state administrative tribunal, or any other person authorised by such chairman, 1 or other member for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 1. the word vicechairman omitted by s. 14, ibid. w.e.f. .

section 27. of the administrative tribunals act : subject to the other provisions of this act and the rules, 1the order of a tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court including a high court and such order shall be executed in the same manner in which any final order of the nature referred to in clause a of subsection 2 of section 20 whether or not such final order had actually been made in respect of the grievance to which the application relates would have been executed. 1. subs. by s. 18, ibid., for the order of a tribunal finally disposing of an application w.e.f. .

section 28. of the administrative tribunals act : on and from the date from which any jurisdiction, powers and authority becomes exercisable under this act by a tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, 1no court except a the supreme court or b any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 14 of or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such recruitment or matters concerning such recruitment or such service matters. 1. subs. by s. 19, ibid., for no court except the supreme court under article 136 of the constitution shall have w.e.f. .

section 29. of the administrative tribunals act : 1 every suit or other proceeding pending before any court or other authority immediately before the date of establishment of a tribunal under this act, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after such establishment, within the jurisdiction of such tribunal, shall stand transferred on that date to such tribunal: provided that nothing in this subsection shall apply to any appeal pending as aforesaid before a high court 1. 2 every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a tribunal in relation to any local or other authority or corporation 2or society, being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such tribunal, shall stand transferred on that date to such tribunal: provided that nothing in this subsection shall apply to any appeal pending as aforesaid before a high court 3 explanation.for the purposes of this subsection date with effect from which jurisdiction is conferred on a tribunal, in relation to any local or other authority or corporation 4or society, means the date with effect from which the provisions of subsection 3 of section 14 or, as the case may be, subsection 3 of section 15 are applied to such local or other authority or corporation 4or society. 3 where immediately before the date of establishment of a joint administrative tribunal any one or more of the states for which it is established, has or have a state tribunal or state tribunals, all cases pending before such state tribunal or state tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such joint administrative tribunal. explanation.for the purposes of this subsection, state tribunal means a tribunal established under subsection 2 of section 4. 4 where any suit, appeal or other proceeding stands transferred from any court or other authority to a tribunal under subsection 1 or subsection 2, a the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the tribunal and b the tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the tribunal may deem fit. 5 where any case stands transferred to a joint administrative tribunal under subsection 3, the joint administrative tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred. 56 every case pending before a tribunal immediately before the commencement of the administrative tribunals amendment act, 51 of , being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court. 7 where any case stands transferred to a court under subsection 6, that court may proceed to deal with such case from the stage which was reached before it stood so transferred. 1. the words or the supreme court omitted by s. 20, ibid. w.e.f. . 2. ins. by s. 20, ibid. w.e.f. . 3. the words or the supreme court omitted by act 19 of , s. 20 w.e.f. . 4. ins. by s. 20, ibid. w.e.f. . 5. ins. by act 51 of , s. 5 w.e.f. .

section 34. of the administrative tribunals act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 31. of the administrative tribunals act : the 1chairman and other members and the officers and other employees provided under section 13 to a tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 1 of , s. 13, for chairman, vivechairman and other members w.e.f. .

section 30. of the administrative tribunals act : all proceedings before a tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the indian penal code 45 of .

section 33. of the administrative tribunals act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 35. of the administrative tribunals act : show related subordinates 1 the central government may, subject to the provisions of section 36, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the case or cases which shall be decided by a bench composed of more than 1two members under clause d of subsection 4 of section 5 b the procedure under subsection 3 of section 9 for the investigation of misbehaviour or incapacity of 2chairman or other member c the salaries and allowances payable to, and the other terms and conditions of, the 3chairman and other members d the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied 4and the fees payable in respect of the filing of such application or for the service or execution of processes e the rules subject to which a tribunal shall have power to regulate its own procedure under subsection 1 of section 22 and the additional matters in respect of which a tribunal may exercise the powers of a civil court under clause i of subsection 3 of that section and f any other matter which may be prescribed or in respect of which rules are required to be made by the central government. 1. subs. by act 19 of , s. 22, for three members w.e.f. . 2. subs. by act 1 of , s. 15, for chairman, vicechairman or other member w.e.f. . 3. subs. by s. 15, ibid., for chairman, vicechairman and other member w.e.f. . 4. subs. by act 19 of , s. 22, for and the fees payable in respect of such application w.e.f. .

section 37. of the administrative tribunals act : 1 every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 2 every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the state .

section 36. of the administrative tribunals act : show related subordinates the appropriate government may, by notification, make rules to provide for all or any of the following matters, namely: a the financial and administrative powers which the chairman of a tribunal may exercise over the 1 benches of the tribunal under section 12 b the salaries and allowances and conditions of service of the officers and other employees of a tribunal under subsection 2 of section 13 and c any other matter not being a matter specified in section 35 in respect of which rules are required to be made by the appropriate government. 1. the words principal bench and the additional omitted by s. 23, ibid. w.e.f. .

section 36a. of the administrative tribunals act : show related subordinates 1 36a. power to make rules retrospectively.the power to make rules under clause c of subsection 2 of section 35 or clause b of section 36 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 1 ins. by act 51 of , s. 6 w.e.f.

section 8. of the aligarh muslim university act : 18. university open to all persons.the university shall be open to all persons including the teachers and taught of either sex and of whatever race, religion, creed, caste or class: provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the ordinances to those who have consented to receive it. 1. subs. by act 62 of , s. 5, for section 8 w.e.f. .

section 1. of the aligarh muslim university act : 1 this act may be called the aligarh muslim university act, . 2 it shall come into force on such date1as the 2central government may, by notification in the 3official gazette, appoint. 1. this act was brought into force on the 1st december, , vide notification no. , dated , see gazette of india, ., pt. i, p. . for notification, see g.s.r.o. volume viii, p. 192. 2. subs. by the a.o. , for g.g. in c. 3. subs., ibid., for gazette of india.

section 2. of the aligarh muslim university act : 12. definitions.in this act and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b board of studies means the board of studies of the university c chancellor, prochancellor and vicechancellor, mean respectively, the chancellor, prochancellor and vicechancellor of the university d court means the court of the university e department means a department of studies and includes a centre of studies established by the ordinances f executive council means the executive council of the university g faculty means a faculty of the university h hall means a unit of residence or of corporate life maintained by the university for its students 2hh nonteaching staff means the employees of the university other than the teachers i statutes, ordinances and regulations mean respectively, the statutes, ordinances and regulations of the university for the time being in force 3 k teachers means professors, readers, lectures and such other persons as may be appointed for imparting instruction in the university or a hall and are designated as teachers by the ordinances 4l university means the educational institution of their choice established by the muslims of india, which originated as the muhammadan anglooriental college, aligarh, and which was subsequently incorporated as the aligarh muslim university. 1. subs. by act 34 of , s. 2, for section 2 w.e.f, . 2. ins. by act 62 of , s. 3 w.e.f. . 3. clause j omitted by s. 3, ibid. w.e.f. . 4. subs. by act 62 of , s. 3, for clause l w.e.f. .

section 7. of the aligarh muslim university act : the university shall invest and keep invested in securities in which trust funds may be invested in accordance with the law for the time being in force relating to trusts in 1india a sum of thirty lakhs of rupees as a permanent endowment to meet the recurring charges of the university other than charges in respect of fellowships, scholarships, prizes and rewards: provided that 1 any government securities as defined in the indian securities act, 10 of , which may be held by the university shall, for the purposes of this section, be reckoned at their face value and 2 the aforesaid sum of thirty lakhs shall be reduced by such sums as, at the commencement of this act, the 2central government shall, by order in writing, declareto be the total capitalised value, for the purpose of this section a of all permanent recurring grants of money which have been made either to the muhammadan anglooriental college, aligarh, the muslim university association or the muslim university foundation committee, by any ruler of a state in india and b of the total income accruing from immovable property not being land or buildings, in the occupation and use of the said college which by the operation of this act has been transferred to the university 1. subs. by act 62 of , s. 4, for part a states and part c states. 2. subs. by the a.o. , for g.g. in c..

section 3. of the aligarh muslim university act : 13. incorporation. the chancellor, the prochancellor and the vicechancellor and the members of the court, the executive council and the academic council, for the time being, shall be a body corporate by the name of the aligarh muslim university and shall have perpetual succession and a common seal and shall sue and be sued by that name. 1. subs. by act 34 of , s. 3, for section 3 w.e.f. .

section 9.. of the aligarh muslim university act : religious instruction. rep. by the aligarh muslim university amendment act, 62 of , s. 6.

section 4. of the aligarh muslim university act : from the commencement of this act i the societies known as the muhammadan anglooriental college, aligarh, and the muslim university association shall be dissolved, and all property, movable and immovable, and all rights, powers and privileges of the said societies and all property, movable and immovable, and all rights, powers and privileges of the muslim university foundation committee shall be transferred to and vest in the university and shall be applied to the objects and purposes for which the university is incorporated ii all debts, liabilities and obligations of the said societies and committee shall be transferred to the university and shall thereafter be discharged and satisfied by it iii all references in any enactment to either of the said societies or to the said committee shall be construed as references to the university iv any will, deed or other document, whether made or executed before or after the commencement of this act, which contains any bequest, gift or trust in favour either of the said societies or of the said committee shall, on the commencement of this act, be construed as if the university was therein named instead of such society or committee v subject to any orders which the court may make, the buildings which belonged to the muhammadan anglooriental college, aligarh, shall continue to be known and designated by the names and styles by which they were known and designated immediately before the commencement of this act vi subject to the provisions of this act, every person employed immediately before the commencement of this act in the muhammadan anglooriental college, aligarh, shall hold employment in the university by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the muhammadan anglooriental college, aligarh, if this act had not been passed.

section 10. of the aligarh muslim university act : every student of the university shall reside either in a hall 1or a hostel or under such conditions as may be prescribed by the ordinances. 1. ins. by act 34 of , s. 6 w.e.f. .

section 12a.. of the aligarh muslim university act : power to recognise colleges and institutions. rep. by the aligarh muslim university amendment act, 34 of , s. 9 w.e.f. .

section 6. of the aligarh muslim university act : the degrees, diplomas and other academic distinctions granted or conferred to or on persons by the university shall be recognised by 1the central and 2state governments as are the corresponding degrees, diplomas and other academic distinctions granted by any other university incorporated under any enactment. 1. subs. by the a.o. , for any government in british india. 2. subs. by the a.o. , for provincial.

section 13. of the aligarh muslim university act : 1 the 2president shall be the 1visitor of the university. 2 the 1visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories, and equipment, and of any institution maintained by the university, and also of the examinations, teaching and other work conducted or done by the university, and to cause an inquiry to be made in like manner in respect of any matter connected with 3the administration or finances of the university 4. 52a the visitor shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the university shall have the right to make such representation to the visitor as it may consider necessary. 2b after considering the representation, if any, made by the university the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 2c where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 3 the 1visitor may address the vicechancellor with reference to the result of such inspection and inquiry, and the vicechancellor shall communicate to the 6executive council the views of the 1visitor with such advice as the 1visitor may be pleased to offer upon the action to be taken thereon. 4 the 4executive council shall communicate through the vicechancellor to the 1visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. 5 where the 4executive council does not, within reasonable time, take action to the satisfaction of the 1visitor may, after considering any explanation furnished or representation made by the 4executive council, issue such directions as he may think fit, and the 4executive council shall comply with such directions. 76 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, shall consider the same. 87 the visitor shall have such other powers as may be prescribed by the statutes. 1. subs. by act 62 of , s. 8, for section 12. 2. subs. by the a.o. , for governor general. 3. ins. by act 34 of , s. 10 w.e.f. 176.. 4. the words with the university omitted by act 62 of , s. 10 5. subs. by act 34 of , s. 10, for subsection 2a w.e.f. . 6. subs. by s. 10, ibid., for court w.e.f. . 7. ins. by act 62 of , s. 10. the former subsection 6 inserted by the a.o. , was rep. by the a.o. . 8. ins. by act 34 of , s. 10 w.e.f. .

section 5. of the aligarh muslim university act : the university shall have the following powers, namely: 1 to provide for instruction in such branches of learning as the university may think fit, and to make provision for research and for the advancement and dissemination of knowledge 2 1a to promote oriental and islamic studies and give instruction in muslim theology and religion and to impart moral and physical training 2b to promote the study of the religions, civilisation and culture of india 3c to promote especially the educational and cultural advancement of the muslims muslims of india 43 to hold examinations and to grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons subject to such conditions as the university may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause 4 to confer honorary degrees or other distinctions 5 in the manner laid down inthe statutes 65 to provide instruction for such persons who are not members of the university, as the university may determine 6 to cooperate 7or collaborate with other universities and authorities in such manner and for such purposes as the university may determine 7 to institute professorships, readerships, lectureships and 8 other 9teaching or academic posts required by the university, and to appoint persons to such professorships, readerships, lectureships 10and other posts 11and determine their conditions of service in accordance with the statutes 77a to appoint persons working in any other university, institution or organisation as teachers of the university for a specified period 8 to institute and award fellowships including travelling fellowships, scholarships, 12studentships, exhibitions and prizes in accordance with the statutes and the ordinances 139 to institute and maintain halls for the students of the university 79a to establish within a radius of twentyfive kilometres of the university mosque such special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects 10 to demand and receive such fees and other charges as may be prescribed by the ordinances 11 to supervise and control the residence and 12to regulate the discipline of studentsof the university, and to make arrangements for promoting their health 14 1211a to make special arrangements in respect of the residence, discipline and teaching of women students 11b to create administrative, ministerial and other 15 posts and to make appointments thereto 11and determine their conditions of service in accordance with the statutes 711c to regulate and enforce discipline among the employees of the university and to take such disciplinary measures as may be deemed necessary 11d to acquire, hold, manage and dispose of property, movable or immovable, including trust or endowed property for the purposes of the university 11e to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university 11f to declare a department of studies to be an autonomous department and 12 to do all such other acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the university 16 1. clause 2 relettered as subclause a thereof by act 34 of . s. 4 w.e.f. . 2. ins. by s. 4, ibid. w.e.f. . 3. ins. by act 62 of , s. 4 w.e.f. . 4. subs. by act 34 of , s. 4, for clause 3 w.e.f. . 5. the words on approved persons omitted by act 62 of , s. 3. 6. subs. by act 34 of . s. 4, for clause 5 w.e.f. . 7. ins. by s. 4, ibid. w.e.f. . 8. the word any omitted by act 62 of , s. 3. 9. subs. by act 34 of , s. 4, for teaching posts w.e.f. . 10. subs. by act 62 of , s. 3, for and posts. 11. added by act 62 of , s. 4 w.e.f. . 12. ins. by .act 62 of , s. 3. 13. subs. by act 62 of , s. 4, for clause 9 w.e.f. . 14. the word and omitted by act 62 of , s. 3. 15. the word necessary omitted by act 34 of , s. 4 w.e.f. . 16. the words the university omitted by act 62 of , s. 3 w.e.f.

section 15. of the aligarh muslim university act : 115. chief rector. the governor of the state of uttar pradesh shall be chief rector of the university. 1. subs. by s. 11, ibid., for the former heading and section 15 w.e.f. .

section 12. of the aligarh muslim university act : 112. power to establish and maintain high schools and other institutions.1 the university shall, subject to the statutes, have power to establish and maintain high schools within a radius of fifteen miles from the university mosque. 2 the university may also, with the sanction of the visitor and subject to the statutes and the ordinances, 2establish and maintain such special centres, specialised laboratories or such other institutions for research or instruction as are necessary for the furtherance of its objects either on its own or in cooperation or collaboration with any other institution. 1. subs. by act 62 of , s. 8, for section 12. 2. subs. by act 34 to , s. 8, for certain words w.e.f. .

section 17. of the aligarh muslim university act : 117. the chancellor.21 the chancellor of the university shall be elected by the court in such manner and for such term as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees. 1. subs. by act 34 of , s. 13, for section 17 w.e.f. . 2. subs. by act 62 of , s. 7, for subsection 1 w.e.f. .

section 11. of the aligarh muslim university act : 111. teaching in the university.all recognised teaching for the purpose of university degrees, diplomas and certificates shall be conducted 2under the supervision of the academic council and in accordance with the statutes and ordinances. 1. subs. by act 62 of , s. 7, for section 11. 2. subs. by act 34 of , s. 7, for certain words w.e.f. .

section 20. of the aligarh muslim university act : 120. the provicechancellor.the provicechancellor shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the statutes. 1. ins. by act 34 of , s. 16, w.e.f. . earlier section 20 was rep. by act 11 of , s. 3 w.e.f. .

section 14.. of the aligarh muslim university act : the visiting board. omitted by the aligarh muslim university amendment act, 62 of , s. 11.

section 16. of the aligarh muslim university act : the following shall be officers of the university: 1 the chancellor, 2 the prochancellor, 3 the vicechancellor, 1 2 33a the provicechancellor, if any 4 53b the honorary treasurer 63c the registrar 63d the finance officer 63e the deans of the faculties and 74 such other officers as may be declared by the statutes to be officers of the university. 1. the word and ins. by act 11 of , s. 2, omitted by act 62 of , section 13. 2. clause 4 which read the provicechancellor, and omitted by act 11 of , section 2. 3. ins. by act 62 of , s. 13 w.e.f. . 4. subs. by act 34 of , s. 12, for clauses b and c w.e.f. . 5. ins. by act 62 of , s. 6 w.e.f. . 6. clauses 3b, 3c and 3d renumbered as clauses 3c, 3d and 3e thereof by act 62 of , s. 6 w.e.f. . 7. clause 5 renumbered as clause 4 by act 11 of , s. 2.

section 18. of the aligarh muslim university act : 118. the prochancellor. 21 the prochancellor shall be elected by the court in such manner and for such term as may be prescribed by the statutes. 2the prochancellor shall, in the absence of the chancellor, preside over the convocations of the university held for conferring degrees. 1. subs. by act 34 of , s. 14, for section 18 w.e.f. . 2. subs by act 62 of , s. 8, for subsection 1 w.e.f. .

section 19. of the aligarh muslim university act : 119. the vicechancellor.1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes or ordinances. 1. subs. by act 34 of , s. 15, for section 19 w.e.f. .

section 20a. of the aligarh muslim university act : 120a. the honorary treasurer.1 the honorary treasurer shall be elected by the court in. such manner and for such term as may be prescribed by the statutes. 2 the honorary treasurer shall exercise such powers and perform such functions as may be prescribed by the statutes. 1. ins. by act 62 of , s. 9 w.e.f. .

section 20b. of the aligarh muslim university act : 120b. the registrar.1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other duties as may be prescribed by the statutes. 1. sections 20a and 20b renumbered as sections 20b and 20c by act 62 of , s. 9 w.e.f. .

section 25. of the aligarh muslim university act : 1 the academic council shall be 1the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, 2coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council and the term of office of its members and its powers and duties shall be prescribed by the statutes. 1. subs. by s. 21, ibid., for the academic body w.e.f. . 2. subs. by s. 21, ibid., for certain words w.e.f. .

section 20c. of the aligarh muslim university act : 120c. the finance officer.the finance officer shall be appointed in such manner and. shall exercise such powers and perform such duties as may be prescribed by the statutes. 1. section 20b renumbered as section 20c thereof by s. 9 ibid. w.e.f. .

section 21. of the aligarh muslim university act : 121. powers of other officers.the powers of officers other than the chancellor, the prochancellor, the vicechancellor, the provicechancellor, 2the honorary treasurer, the registrar and the finance officer shall be prescribed by the statutes. 1. subs. by act 34 of , s. 17, for section 21 w.e.f. . 2. ins. by act 62 of , s. 10 w.e.f. .

section 26. of the aligarh muslim university act : the constitution, powers 1and functions of the finance committee and of the faculties and of such other authorities as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes. 1. subs. by act 62 of , s. 13, for certain words w.e.f, .

section 22. of the aligarh muslim university act : the following shall be the authorities of the university: 1 the court, 2 the executive council, 3 the academic council, 1 2 33a the finance committee, 3b the faculties, 4and 5 4 such other authorities as may be declared by the statutes to be authorities of the university. 1. the word and omitted by act 62 of , s. 16 w.e.f. . 2. ins. by s. 16, ibid. w.e.f. . 3. ins. by act 62 of , s. 11 w.e.f. . 4. ins. by act 62 of , s. 11 w.e.f. . 5. clause 3c omitted by s. 11, ibid. w.e.f. .

section 23. of the aligarh muslim university act : 123. the court.1 the court shall consist of the chancellor, the prochancellor, the vicechancellor and the provicechancellor if any, for the, time being, and such other persons as may be specified in the statutes. 2 the court shall be the supreme governing body of the university and shall exercise all the powers of the university, not otherwise provided for by this act, the statutes, the ordinances and the regulations and it shall have power to review the acts of the executive and the academic councils save where such councils have acted in accordance with powers conferred on them under this act, the statutes or the ordinances. 3 subject to the provisions of this act, the court shall exercise the following powers and perform the following duties, namely: a to make statutes and to amend or repeal the same b to consider ordinances c to consider and pass resolutions on the annual report, the annual accounts and the financial estimates d to elect such persons to serve on the authorities of the university and to appoint such officers as may be prescribed by this act or the statutes and e to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this act or the statutes. 1. subs. by s. 12, ibid., for s. 23 w.e.f. .

section 28. of the aligarh muslim university act : show related subordinates 128. statutes.1 on the commencement of the aligarh muslim university amendment act, 62 of , the statutes in force immediately before such commencement, as amended by that act, shall be the statutes of the university. 2 after the commencement of the aligarh muslim university amendment act, 62 of , the court may, notwithstanding anything contained in subsection 1, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1 in the manner hereinafter provided in this section. 3 the executive council may propose to the court the draft of any statute for its consideration and such draft shall be considered by the court at its next meeting: provided that the executive council shall not propose the draft of any statute or of any amendment of a statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing upon the proposal and any opinion so expressed shall be considered by the court. 4 the court may approve any such draft as is referred to in subsection 3 or reject it or return it to the executive council for reconsideration, either in whole or in part, together with any amendments which the court may suggest. 5 any member of the court may propose to the court, the draft of any statute and the court may reject the proposal or refer such draft for consideration to the executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed by the executive council. 6 no new statute or amendment or addition or repeal of any statute shall come into force unless it is approved by the visitor, who may sanction or disallow it, or return it for further consideration. 1. subs. by act 62 of , s. 16, for section 28 w.e.f. .

section 33. of the aligarh muslim university act : 1 all arrangements for the conduct of examinations shall be made, and all examiners shall be appointed by 1the executive council on the recommendation of the academic council. 2 3 the academic council shall appoint examination committees, consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination question, 3and to prepare and publish the results of the examinations 4 1. subs. by act 62 of , s. 24, for the academic council in such manner as may he prescribed by the ordinances. 2. subsection 2 omitted by s. 24, ibid. 3. subs. by act 62 of , s. 24, for to prepare. 4. the words and to report such results to the executive council for publication omitted by s. 24, ibid.

section 26a. of the aligarh muslim university act : 126a. disqualifications for membership.a person shall be disqualified for being chosen as, and and for being, a member of any of the authorities of the university if he is not a citizen of india. 1. ins. by s. 14, ibid. w.e.f. .

section 27. of the aligarh muslim university act : 127. power to make statutes.subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities of the university, 2 and such other other authorities as may be constituted from time to time b the election and continuance in office of the members of the said authorities, the filling of vacancies of members, and all other matters relative to those authorities for which it may be necessary or desirable to provide 3c the manner of election of appointment, as the case may be, of the chancellor, the prochancellor, the vicechancellor and other officers of the university d the manner of appointment of teachers and other academic staff and their emoluments e the manner of appointment of employees other than teachers and other academic staff of the university and their emoluments f the manner of appointment of teachers and other academic staff working in any other university or institution for a specified period for undertaking a joint project g the conditions of service of employees including the provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action h the principles governing seniority of service of employees i the procedure for arbitration in cases of dispute between employees or students and the university j the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university k the establishment and recognition of students union or associations of teachers, academic staff or other employees of the university l all other matters which by this act are to be, or may be, provided by the statutes. 1. subs. by act 34 of , s. 23, for section 27 w.e.f. . 2. the words the finance committee omitted by act 62 of , s. 15 w.e.f. . 3. subs. by s. 15, ibid., for clause c w.e.f. .

section 35. of the aligarh muslim university act : 135. annual accounts.1 the annual accounts and balance sheet of the university shall be prepared under the direction of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such person or persons as he may authorise in this behalf. 2 a copy of the annual accounts, together with the audit report thereon, shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts, together with the audit report, as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts, after having been laid before both the houses of parliament, shall be published in the gazette of india. 1. subs. by s. 20, ibid. w.e.f. .

section 24. of the aligarh muslim university act : the executive council shall be 1the principal executive body of the university. its constitution and the term of office of its members and its powers and duties shall be prescribed by the statutes. 1. subs. by act 34 of , s. 20, for the executive body w.e.f. .

section 29. of the aligarh muslim university act : show related subordinates 129. power to make ordinances.1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same d the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university e the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes f the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators 2g the remuneration to be paid to the examiner, moderator, invigilator and tabulator h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing for them of special courses of studies j the giving of religious instruction k the emoluments and the terms and conditions of service of 3the academic and other staff of the university l the maintenance of high schools and other institutions in accordance with the provisions of section 12 4m the establishment of centres of study, boards of study, interdisciplinary committees, special centres, specialised laboratories, committees on advanced study and research, committees of department and centres, admission committees, examination committee, boards of residence and halls, discipline committee, cultural committee, social service committee, games committee and students advisory committees n the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations o the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university p such other terms and conditions of teachers as are not prescribed by the statutes and q all other matters which by this act or the statutes may be provided for by the ordinances. 52 the ordinances in force immediately before the commencement of the aligarh muslim university amendment act, 34 of , may be amended, repealed or added to at any time by the executive council, provided that i in making the ordinances in respect of the matters enumerated in subsection 1 other than those enumerated in clauses k and p, the executive council shall act on the recommendation of the academic council. 6 3 the executive council shall not have power to amend any draft proposed by the academic council under the provisions of subsection 2 but may reject the proposal or return the draft to the academic council for reconsideration, either in whole or in part, together with any amendments which the executive council may suggest. 7 84 where the executive council has rejected or returned the draft of an ordinance proposed by the academic council, the academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than. twothirds of the members present and voting and more than half the total number of members of the academic council, the draft may be sent back to the executive council which shall either adopt it or refer it to the visitor whose decision shall be final. 5 every ordinance made by the executive council shall come into effect immediately. 6 every ordinance made by the executive council shall be submitted to the visitor within two weeks. the visitor shall have the power to direct the university within four weeks of the receipt of the ordinance to suspend the operation of any such ordinance and he shall, as soon as possible inform the executive council about his objection to the proposed ordinance. the visitor may, after receiving the comments of the university, either withdraw the order suspending the ordinance or disallow the ordinance, and his decision shall be final. 1. subs. by act 62 of , s. 21, for sections 29 and 30. 2. subs. by act 34 of , s. 25, for clause g w.e.f. . 3. subs. by s. 25, ibid., for teachers of the university w.e.f. . 4. subs. by s. 25, ibid., for clauses m and n w.e.f. . 5. subs. by s. 25, ibid., for subsection 2 w.e.f. . 6. clause ii omitted by act 62 of , s. 17 w.e.f. . 7. subs. by act 19 of , s. 4, for subsections 4, 5, 6 and 7. 8. subs. by act 34 of , s. 25, for subsections 4, 5 and 6 w.e.f. .

section 36a. of the aligarh muslim university act : 136a. procedure of appeal and arbitration in disciplinary cases against students.1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than a year, may, within ten days of the date of receipt of such order or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the ease may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall at the request of such student, be referred to a tribunal of arbitration and the provisions of subsection 2 of section 36 shall, as far as may be, apply to the reference made under this subsection. 1. ins. by act 34 of , s. 29 w.e.f. .

section 31. of the aligarh muslim university act : 1 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances a laying down the procedure to be observed at their meetings and the number of members required to form a quorum b providing for all matters which by this act, the statutes or the ordinances, are to be prescribed by regulations and c providing for all other matters solely concerning such authorities or committees appointed by them not provided for by this act, the statutes and the ordinances. 2 every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. 13 the executive council may direct the amendment, in such manner as it may specify, of any regulation made under this section other 2than any regulation made by the court or the annulment of any such regulation: 34 every statute, ordinance or regulation made under this act shall be published in the official gazette. 5 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both houses agree in making, any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation shall thereafter have effect only in such modified form or, be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the statute, ordinance or regulation. 4 1ins. by act 62 of , s. 22. 2. ins. by act 62 of , s. 18 w.e.f, . 3. ins. by act 4 of , s. 2 and the schedule. 4. proviso omitted by act 19 of , s. 5.

section 32.. of the aligarh muslim university act : admission to the university. rep. by the aligarh muslim university amendment act, 62 of , s. 23.

section 34. of the aligarh muslim university act : 134. annual report.1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor and also to the chancellor along with its comments, if any. 23 a copy of the annual report as submitted to the visitor shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. subs. by act 34 of . s. 26, for s. 34 w.e.f. . 2. ins. by act 62 of , s. 19 w.e.f. .

section 36. of the aligarh muslim university act : 1 every 1employee of the university shall be appointed on a written contract, which shall be lodged with the university and a copy of which shall be furnished to the 2employee concerned. 2 any dispute arising out of a contract between the university and any of its 3employees shall, at the request of the 3employee concerned be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the 3employee concerned and an umpire appointed by the 4visitor. the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the indian arbitration act, 9 of , and all the provisions of that act, with the exception of section 2 thereof shall apply accordingly. 1. subs. by act 34 of . s. 28, for salaried officer and teacher w.e.f. . 2. subs. by s. 28, ibid. for officer or teacher w.e.f. . 3. subs. by act 34 of , s. 28, for officers or teachers w.e.f. 4. subs. by act 62 of , s. 26, for visiting board. 5. see now the arbitration act, 10 of .

section 41. of the aligarh muslim university act : 141. mode of proof of university record.a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university or other documents in possession of the university or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of , or in any other law for the time being in force. 1.ins. by act 34 of , s. 31 w.e.f. .

section 36b. of the aligarh muslim university act : 136b. right to appeal.every employee or student of the university shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university and thereupon the executive council may confirm, modify or reverse the decision appealed against. 1. ins. by act 34 of , s. 29 w.e.f. .

section 38. of the aligarh muslim university act : 1 2 2 3 casual vacancies in 4any office or in any authority shall be filled up by the authority which has power to appoint to the office or authority 5. 1. subsection 1 omitted by s. 28, ibid. 2. the words, brackets and figures subject to the provisions of subsection 3 of section 18, omitted by act 34 of , s. 30 w.e.f. . 3. the word other omitted by act 62 of , s. 28. 4. subs. by s. 28, ibid., for any office of any authority. 5. certain words omitted by act 19 of , s. 8. 12.

section 40. of the aligarh muslim university act : 140. protection of action taken in good faith.no suit or other legal proceeding shall lie against any officer or employee of the university for anything which. is in good faith done or intended to be done in pursuance of the provisions of this act, statutes or ordinances. 1.ins. by act 34 of , s. 31 w.e.f. .

section 39. of the aligarh muslim university act : no act or proceeding of any authority of the university shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

section 37. of the aligarh muslim university act : 1 the university shall constitute for the benefit of its officers, teachers and servants such 1pension or provident funds or provide such insurance schemes as it it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident or pension fund has been so constituted, the2central government may declare 3that the provisions of the provident funds act, 4 19 of , shall apply to such fund, as as if it were a government provident fund. 1. subs. by act 62 of , s. 27, for provident and pension funds. 2. subs. by the a.o. , for g.g. in c.. 3. for such declaration see notification no. 151 5, dated the 14th july, , gazette of india, , pt. i, i. 764 g.s.r.o. volume viii, p. 192. 4. subs. by act 62 of , s. 27, for

section 8. of the extradition act : if upon receipt of the report and statement under subsection 4 of section 7, the central government is of opinion that the fugitive criminal ought to be surrendered to the foreign state 1 , it may issue a warrant for the custody and removal of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant. 1. the words or commonwealth country omitted by act 66 of , s. 3 w.e.f. .

section 1. of the extradition act : 1 this act may be called the extradition act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1. 5th january, , vide notification no. g.s.r. 55, dated 5th january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the extradition act : 1 when the fugitive criminal appears or is brought before the magistrate, the magistrate shall inquire into the case in the same manner and shall have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a court of session or high court. 2 without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may be produced in support of the requisition of the foreign state 1 and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal accused or has been convicted is an offence of political character or is not an extradition offence. 3 if the magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign state 1 , he shall discharge the fugitive criminal. 4 if the magistrate is of opinion that a prima facie case is made out in support of the requisition of the foreign state 1 he may commit the fugitive criminal to prison to await the orders of the central government and shall report the result of his inquiry to the central government, and shall forward together with such report, and written statement which the fugitive criminal may desire to submit for the consideration of the central government. 1. the words or commonwealth country omitted by act 66 of , s. 3 w.e.f. .

section 2. of the extradition act : in this act, unless the context otherwise requires, 1a composite offence means an act or conduct of a person occurred, wholly or in part, in a foreign state or in india but its effects or intended effects, taken as a whole, would constitute an extradition offence in india or in a foreign state, as the case may be b conviction and convicted do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term person accused includes a person so convicted for contumacy 2c extradition offence means i in relation to a foreign state, being a treaty state, an offence provided for in the extradition treaty with that state ii in relation to a foreign state other than a treaty state an offence punishable with imprisonment for a term which shall not be less than one year under the laws of india or of a foreign state and includes a composite offence d extradition treaty means a treaty 3,agreement or arrangement made by india with a foreign state relating to the extradition of fugitive criminals, and includes any treaty 3,agreement or arrangement relating to the extradition of fugitive criminals made before the 15th day of august, , which extends to, and is binding on, india e foreign state means any state outside india 4 and includes every constituent part, colony or dependency of such state 5f fugitive criminal means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign state and includes a person who, while in india, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign state g magistrate means a magistrate of the first class or a presidency magistrate h notified order means an order notified in the official gazette i prescribed means prescribed by rules made under this act and j treaty state means a foreign state with which an extradition treaty is in operation. 1. subs. by act 66 of , s. 4, for clause a w.e.f. . 2. subs. by s. 4, ibid., for clause c w.e.f.. 3. subs. by s. 4, ibid., for or agreement w.e.f.. 4. the words other than a commonwealth country, omitted by s. 4, ibid. w.e.f. . 5. subs. by s. 4, ibid., for clause f w.e.f. .

section 9. of the extradition act : 1 where it appears to any magistrate that a person within the local limits of his jurisdiction, is a fugitive criminal of a foreign state 1 , he may, if he thinks fit, issue a warrant for the arrest of that person on such information and on such evidence as would, in his opinion, justify the issue of a warrant if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction. 2 the magistrate shall forthwith report the issue of a warrant under subsection 1 to the central government and shall forward the information, and the evidence or certified copies thereof to that government. 3 a person arrested on a warrant issued under subsection 1 shall not be detained for more than three months unless within that period the magistrate receives from the central government an order made with reference to such person under section 5. 1. the words or commonwealth country omitted by act 66 of , s. 3 w.e.f. .

section 4. of the extradition act : a requisition for the surrender of a fugitive criminal of a foreign state 1 may be made to the central government a by a diplomatic representative of the foreign state 1 at delhi or b by the government of that foreign state 1 communicating with the central government through its diplomatic representative in that state 2 and if neither of these modes is convenient, the requisition shall be made in such other mode as is settled by arrangement made by the government of the foreign state 1 with the government of india. 1. the words or commonwealth country omitted by s. 3, ibid. w.e.f.. 2. the words or country omitted by s. 3, ibid. w.e.f. .

section 3. of the extradition act : 11 the central government may, by notified order, direct that the provisions of this act, other than chapter iii, shall apply, to such foreign state or part thereof as may be specified in the order. 2 the central government may, by the same notified order as is referred to in subsection 1 or any subsequent notified order, restrict such application to fugitive criminals found, or suspected to be, in such part of india as may be specified in the order. 3 where the notified order relates to a treaty state, a it shall set out in full the extradition treaty with that state b it shall not remain in force for any period longer than that treaty and c the central government may, by the same or any subsequent notified order, render the application of this act subject to such modifications, exceptions, conditions and qualifications as may be deemed expedient for implementing the treaty with that state. 24 where there is no extradition treaty made by india with any foreign state, the central government may, by notified order, treat any convention to which india and a foreign state are parties, as an extradition treaty made by india with that foreign state providing for extradition in respect of the offences specified in that convention. 1. subs. by act 66 of , s. 5, for subsection 1 w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 10. of the extradition act : 1 in any proceedings against a fugitive criminal of a foreign state 1 under this chapter, exhibits and depositions whether received or taken in the presence of the person against whom they are used or not and copies thereof and official certificates of facts and judicial documents stating facts may, if duly authenticated, be received as evidence. 2 warrants, depositions or statements on oath, which purport to have been issued or taken by any court of justice outside india or copies thereof, certificates of, or judicial documents stating the facts of conviction before any such court shall be deemed to be duly authenticated if a the warrant purports to be signed by a judge, magistrate or officer of the state 2 where the same was issued or acting in or of such state 2 b the depositions of statements or copies thereof purport to be certified, under the hand of a judge, magistrate or officer of the state 2 where the same were taken, or acting in or for such state 2 , to be original depositions or statements or to be true copies thereof, as the case may require c the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a judge, magistrate or officer of the state 2 where the conviction took place or acting in or for such state d the warrants, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the state 2 where the same were 3 issued, taken or given. 1. the words or commonwealth country omitted by act 66 of , s. 3 w.e.f. . 2. the words or country omitted by act 66 of , s. 3 w.e.f. . 3. the word respectively omitted by s. 7, ibid. w.e.f. .

section 5. of the extradition act : where such requisition is made, the central government may, if it thinks fit, issue an order to any magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction directing him to inquire into the case.

section 6. of the extradition act : on receipt of an order of the central government under section 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal.

section 12. of the extradition act : 1 this chapter shall apply only to any such 1foreign state to which, by reason of an extradition arrangement entered into with that 2state, it may seem expedient to the central government to apply the same. 2 every such application shall be by notified order, and the central government may, by the same or any subsequent notified order, direct that this chapter and chapters i, iv and v shall, in relation to any such 1foreign state, apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementing the arrangement. 1. subs. by s. 3, ibid., for commonwealth country w.e.f. . 2. subs. by s. 10, ibid., for country w.e.f. .

section 17. of the extradition act : 1 if the magistrate, before whom a person apprehended under this chapter is brought, is satisfied on inquiry that the endorsed warrant for the apprehension of the fugitive criminal is duly authenticated and that the offence of which the person is accused or has been convicted is an extradition offence, the magistrate shall commit the fugitive criminal to prison to await his return and shall forthwith send to the central government a certificate of the committal. 2 if on such inquiry the magistrate is of opinion that the endorsed warrant is not duly authenticated or that the offence of which such person is accused or has been convicted is not an extradition offence, the magistrate may, pending the receipt of the orders of the central government, detain such person in custody or release him on bail. 3 the magistrate shall report the result of his inquiry to the central government and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of that government.

section 11. of the extradition act : nothing contained in this chapter shall apply to fugitive criminals 1 to which chapter iii applies. 1. the words of a commonwealth country omitted by s. 8, ibid. w.e.f. .

section 13. of the extradition act : where a fugitive criminal of any 10foreign state to which this chapter applies is found in india, he shall be liable to be apprehended and returned in the manner provided by this chapter to that 10foreign state. 1. subs. by s. 3, ibid., for commonwealth country w.e.f. .

section 18. of the extradition act : the central government may, at any time after a fugitive criminal has been committed to prison under this chapter, issue a warrant for the custody and removal to the 1foreign state concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant. 1. subs. by act 66 of , s. 3, for commonwealth country w.e.f. .

section 14. of the extradition act : a fugitive criminal may be apprehended in india under an endorsed warrant or a provisional warrant.

section 15. of the extradition act : where a warrant for the apprehension of a fugitive criminal has been issued in any 1foreign state to which this chapter applies and such fugitive criminal is, or is suspected to be, in india, the central government may, if satisfied that the warrant was issued by a person having lawful authority to issue the same, endorse such warrant in the manner prescribed, and the warrant so endorsed shall be sufficient authority to apprehend the person named in the warrant and to bring him before and magistrate in india. 1. subs. by s. 3, ibid., for commonwealth country w.e.f. .

section 16. of the extradition act : 1 any magistrate may issue a provisional warrant for the apprehension of a fugitive criminal from any 1foreign state to which this chapter applies who is, or is suspected to be, in or on his way to india, on such information and under such circumstances as would, in his opinion, justify the issue of a warrant, if the offence of which the fugitive criminal is accused or has been convicted had been committed within his jurisdiction and such warrant may be executed accordingly. 2 a magistrate issuing a provisional warrant shall forthwith send a report of the issue of the warrant together with the information or a certified copy thereof to the central government, and the central government may, if it thinks fit, discharge the person apprehended under such warrant. 3 a fugitive criminal apprehended on a provisional warrant may, from time to time, be remanded for such reasonable time, not exceeding seven days at any one time, as under the circumstances seems requisite for the production of an endorsed warrant. 1. subs. by act 66 of , s. 3, for commonwealth country w.e.f.

section 19. of the extradition act : 19. mode of requisition or form of warrant for the surrender or return to india of accused or convicted person who is in a foreign state 1 .1 a requisition for the surrender of a person accused or convicted of an extradition offence committed in india and who is or is suspected to be, in any foreign state 2 to which chapter iii does not apply, may be made by the central government a to a diplomatic representative of that state 3 at delhi or b to the government of that state 3 through the diplomatic representative of india in that state 3 and if neither of these modes is convenient, the requisition shall be made in such other mode as is settled by arrangement made by the government of india with that state 3 . 2 a warrant issued by a magistrate in india for the apprehension of any person who is, or is suspected to be, in any 4foreign state to which chapter iii applies shall be in such form as may be prescribed. 1. the words or commonwealth country omitted by s. 3, ibid. w.e.f. . 2. the words or a commonwealth country omitted by s. 3, ibid. w.e.f. . 3. the words or country omitted by s. 3, ibid. w.e.f.. 4. subs. by act 66 of , s. 3, for commonwealth country w.e.f. .

section 26. of the extradition act : a fugitive criminal who is accused or convicted of abetting 1, conspiring, attempting to commit, inciting or participating as an accomplice in the commission of any extradition offence shall be deemed for the purposes of this act to be accused or convicted of having committed such offence and shall be liable to be arrested and surrendered accordingly. 1. ins. by act 66 of , s. 14 w.e.f

section 20. of the extradition act : any person accused or convicted of an extradition offence who is surrendered or returned by a foreign state 1 may, under the warrant of arrest for his surrender or return issued in such state or country, be brought into india and delivered to the proper authority to be dealt with according to law. 1. the words or commonwealth country omitted by s. 3, ibid. w.e.f. .

section 21. of the extradition act : 121. accused or convicted person surrendered or returned by foreign state not to be tried for certain offences.whenever any person accused or convicted of an offence, which, if committed in india would be an extradition offence, is surrendered or returned by a foreign state, such person shall not, until he has been restored or has had an opportunity of returning to that state, be tried in india for an offence other than a the extradition offence in relation to which he was surrendered or returned or b any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made or c the offence in respect of which the foreign state has given its consent. 1. subs. by s. 12, ibid., for section 21 w.e.f. .

section 22. of the extradition act : every fugitive criminal of a foreign state 1 shall, subject to the provisions of this act, be liable to be arrested and surrendered or returned, whether the offence in respect of which the surrender or return is sought was committed before or after the commencement of this act, and whether or not a court in india has jurisdiction to try that offence. 1. the words or commonwealth country omitted by s. 3, ibid. w.e.f. .

section 23. of the extradition act : where the offence in respect of which the surrender or return of a fugitive criminal is sought was committed on board any vessel on the high seas or any aircraft while in the air outside india or the indian territorial waters which comes into any port or aerodrome of india, the central government and any magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred by this act.

section 24. of the extradition act : if a fugitive criminal who, in pursuance of this act, has been committed to prison to await his surrender or return to any foreign state 1 is not conveyed out of india within two months after such committal, the high court, upon application made to it by or on behalf of the fugitive criminal and upon proof that reasonable notice of the intention to make such application has been given to the central government, may order such prisoner to be discharged unless sufficient cause is shown to the contrary. 1. the words or country omitted by s. 3, ibid. w.e.f. .

section 30. of the extradition act : if requisitions for the surrender of a fugitive criminal are received from more than one foreign state 1 , the central government may, having regard to the circumstances of the case, surrender the fugitive criminal to such state or country as that government thinks fit 1. the words or commonwealth country or from any foreign state and any commonwealth country omitted by s. 15, ibid. w.e.f .

section 25. of the extradition act : in the case of a person who is a fugitive criminal arrested or detained under this act, the provisions of 1the code of criminal procedure, 2 of relating to bail shall apply in the same manner as they would apply if such person were accused of committing in india the offence of which he is accused or has been convicted, and in relation to such bail, the magistrate before whom the fugitive criminal is brought shall have, as far as may be, the same powers and jurisdiction as a court of session under that code. 1. subs. by s. 13, ibid., for the code of criminal procedure, 5 of w.e.f. .

section 31. of the extradition act : 11 a fugitive criminal shall not be surrendered or returned to a foreign state 2. a if the offence in respect of which his surrender is sought is of a political character or if he proves to the satisfaction of the magistrate or court before whom he may be produced or of the central government that the requisition or warrant for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character b if prosecution for the offence in respect of which his surrender is sought is according to the law of that state 3 barred by time 4c unless provision is made by that law of the foreign state or in the extradition treaty with the foreign state that the fugitive criminal shall not be determined or tried in that state for an offence other than i the extradition offence in relation to which he is to be surrendered or returned ii any lesser offence disclosed by the facts proved for the purposes of securing his surrender or return other than an offence in relation to which an order for his surrender or return could not be lawfully made or iii the offence in respect of which the central government has given its consent d if he has been accused of some offence in india, not being the offence for which his surrender or return is sought, or is undergoing sentence under any conviction in india until after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise e until after the expiration of fifteen days from the date of his being committed to prison by the magistrate. 52 for the purposes of subsection 1, the offence specified in the schedule shall not be regarded as offences of a political character. 3 the central government having regard to the extradition treaty made by india with any foreign state may, by notified order, add or omit any offence from the list given in the schedule. 1. section 31 renumbered as subsection 1 of that section by s. 16, ibid. w.e.f. . 2. the words or commonwealth country omitted by s. 3, ibid. w.e.f.. 3. the words or country omitted by s. 3, ibid. w.e.f. . 4. subs. by s. 16, ibid., for clause c w.e.f. . 5. ins. by act 66 of , s. 16 w.e.f. .

section 27. of the extradition act : it shall be lawful for any person to whom a warrant is directed for the apprehension of a fugitive criminal to hold in custody and convey the person mentioned in the warrant to the place named in the warrant, and if such person escapes out of any custody to which he may be delivered in pursuance of such warrant, he may be retaken as a person accused of an offence against the law of india may be retaken upon an escape.

section 32. of the extradition act : notwithstanding anything to the contrary contained in section 3 or section 12, the provisions of sections 29 and 31 shall apply without any modification to every foreign state 1. 1. the words or commonwealth country omitted by s. 3, ibid. w.e.f. .

section 34. of the extradition act : 134. extra territorial jurisdiction.an extradition offence committed by any person in a foreign state shall be deemed to have been committed in india and such person shall be liable to be prosecuted in india for such offence. 1. subs. by s. 17, ibid., for section 34 w.e.f. .

section 28. of the extradition act : everything found in the possession of a fugitive criminal at the time of his arrest which may be material as evidence in proving the extradition offence may be delivered up with the fugitive criminal on his surrender or return, subject to the rights, if any, of third parties with respect thereto.

section 34b. of the extradition act : 134b. provisional arrest.1 on receipt of an urgent request from a foreign state for the immediate arrest of a fugitive criminal, the central government may request the magistrate having competent jurisdiction to issue a provisional warrant for the arrest of such fugitive criminal. 2 a fugitive criminal arrested under subsection 1 shall be discharged upon the expiration of sixty days from the date of his arrest if no request for his surrender or return is received within the said period. 1. subs. by s. 17, ibid., for section 34 w.e.f. .

section 29. of the extradition act : if it appears to the central government that by reason of the trivial nature of the case or by reason of the application for the surrender or return of a fugitive criminal not being made in good faith or in the interests of justice or for political reasons or otherwise, it is unjust or inexpedient to surrender or return the fugitive criminal, it may, by order, at any time stay any proceedings under this act and direct any warrant issued or endorsed under this act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged.

section 33. of the extradition act : nothing in this act shall affect the provisions of the foreigners act, 31 of , or any order made thereunder.

section 34a. of the extradition act : 134a. prosecution on refusal to extradition.where the central government is of the opinion that a fugitive criminal cannot be surrendered or returned pursuant to a request for extradition from a foreign state, it may, as it thinks fit, take steps to prosecute such fugitive criminal in india. 1. subs. by s. 17, ibid., for section 34 w.e.f. .

section 37. of the extradition act : 1 the indian extradition act, 15 of , and any law corresponding thereto in force at the commencement of this act in the territories which, immediately before the 1st day of november, , were comprised in part b states and the north east frontier agency and tuensang district extradition regulation, 3 of , are hereby repealed. 2 the extradition acts, to 33 and 34 vict. c. 52 36 and 37 vict. c. 60 6 edw. 7, c. 15 22 and 23 geo. 5, c. 39, 44 and 45 vict. c. 69 and the fugitive offenders act, , in so far as they apply to and operate as part of the law of india, are hereby repealed.

section 34c. of the extradition act : 134c. provision of life imprisonment for death penalty.notwithstanding anything contained in any other law for the time being in force, where a fugitive criminal, who has committed an extradition offence punishable with death in india, is surrendered or returned by a foreign state on the request of the central government and the laws of that foreign state do not provide for a death penalty for such an offence, such fugitive criminal shall be liable for punishment of imprisonment for life only for that offence. 1. subs. by s. 17, ibid., for section 34 w.e.f. .

section 36. of the extradition act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which a requisition for the surrender of a fugitive criminal may be made b the form in which a warrant for the apprehension of any person in a 1foreign state to which chapter iii applies may be made c the manner in which any warrant may be endorsed or authenticated under this act d the removal of fugitive criminals accused or in custody under this act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them e the seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence to which this act applies f the form and manner in which or the channel through which a magistrate may be required to make his report to the central government under this act g any other matter which has to be, or may be, prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by s. 3, ibid., for commonwealth country w.e.f. . 2. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f .

section 35. of the extradition act : every notified order made or notification issued under this act shall, as soon as may be after it is made or issued, be laid before each house of parliament.

section 4d. of the railways act : 14d. functions of authority. 1 the authority shall discharge such functions and exercise such powers of the central government in relation to the development of railway land and as are specifically assigned to it by the central government. 2 in particular, and without prejudice to the generality of the foregoing power, the central government may assign to the authority all or any of the following functions, namely: i to prepare scheme or schemes for use of railway land in conformity with the provisions of this act ii to develop railway land for commercial use as may be entrusted by the central government for the purpose of generating revenue by nontariff measures iii to develop and provide consultancy, construction or management services and undertake operation in india in relation to the development of land and property iv to carry out any other work or function as may be entrusted to it by the central government, by order in writing. 1. ins. by act 47 of , s. 3 w.e.f. .

section 1. of the railways act : show related subordinates 1 this act may be called the railways act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 1st july, , vide notification no. s.o. 475e, dated 12th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the railways act : in this act, unless the context otherwise requires, 1 authorised means authorised by a railway administration 11a authority means the rail land development authority constituted under section 4a 2 carriage means the carriage of passengers or goods by a railway administration 3 claims tribunal means the railway claims tribunal established under section 3 of the railway claims tribunal act, 54 of 4 classification means the classification of commodities made under section 31 for the purpose of determining the rates to be charged for carriage of such commodities 5 class rates means the rate fixed for a class of commodity in the classification 6 commissioner means the chief commissioner of railway safety or the commissioner of railway safety appointed under section 5 7 commodity means a specific item of goods 27a competent authority means any person authorised by the central government, by notification, to perform the functions of the competent authority for such area as may be specified in the notification 8 consigneemeans the person named as consignee in a railway receipt 9 consignment means goods entrusted to a railway administration for carriage 10 consignor means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railway administration for carriage 11 demurrage means the charge levied for the detention of any rolling stock after the expiry of free time, if any, allowed for such detention 12 endorsee means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favour the last endorsement is made 13 endorsement means the signing by the consignee or the endorsee after adding a direction on a railway receipt to pass the property in the goods mentioned in such receipt to a specified person 14 fare means the charge levied for the carriage of passengers 15 ferry includes a bridge of boats, pontoons or rafts, a swing bridge, a flybridge and a temporary bridge and the approaches to, and landing places of, a ferry 16 forwarding note means the document executed under section 64 17 freight means the charge levied for the carriage of goods including transhipment charges, if any 18 general manager means the general manager of a zonal railway appointed under section 4 19 goods includes i containers, pallets or similar articles of transport used to consolidate goods and ii animals 20 government railway means a railway owned by the central government 21 in transit, in relation to the carriage of goods by railway, means the period between the commencement and the termination of transit of such goods, and unless otherwise previously determined a transit commences as soon as the railway receipt is issued or the consignment is loaded, whichever is earlier b transit terminates on the expiry of the free time allowed for unloading of consignment from any rolling stock and where such unloading has been completed within such free time, transit terminates on the expiry of the free time allowed, for the removal of the goods from the railway premises 22 level crossing means an intersection of a road with lines of rails at the same level 23 luggage means the goods of a passenger either carried by him in his charge or entrusted to a railway administration for carriage 24 lump sum rate means the rate mutually agreed upon between a railway administration and a consignor for the carriage of goods and for any service in relation to such carriage 25 nongovernment railway means a railway other than a government railway 26 notification means a notification published in the official gazette 326a officer authorised means an officer authorised by the central government under subsection 2 of section 179 27 parcel means goods entrusted to a railway administration for carriage by a passenger or a parcel train 28 pass means an authority given by the central government or a railway administration to a person allowing him to travel as a passenger, but does not include a ticket 29 passenger means a person travelling with a valid pass or ticket 429a person interested includes, i all persons claiming an interest in compensation to be made on account of the acquisition of land under this act ii tribals and other traditional forest dwellers, who have lost any traditional rights recognised under the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2 of iii a person interested in an easement affecting the land and iv persons having tenancy rights under the relevant state laws 30 prescribed means prescribed by rules made under this act 31 railway means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes a all lands within the fences or other boundary marks indicating the limits of the land appurtenant to a railway b all lines of rails, sidings, or yards, or branches used for the purposes of, or in connection with, a railway c all electric traction equipments, power supply and distribution installations used for the purposes of, or in connection with, a railway d all rolling stock, stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, roads and streets, running rooms, rest houses, institutes, hospitals, water works and water supply installations, staff dwellings and any other works constructed for the purpose of, or in connection with, railway e all vehicles which are used on any road for the purposes of traffic of a railway and owned, hired or worked by a railway and f all ferries, ships, boats and rafts which are used on any canal, river, lake or other navigable inland waters for the purposes of the traffic of a railway and owned, hired or worked by a railway administration, but does not include i a tramway wholly within a municipal area and ii lines of rails built in any exhibition ground, fair, park, or any other place solely for the purpose of recreation 32 railway administration, in relation to a a government railway, means the general manager of a zonal railway and b a nongovernment railway, means the person who is the owner or lessee of the railway or the person working the railway under an agreement 532a railway land means any land in which a government railway has any right, title or interest 33 railway receipt means the receipt issued under section 65 34 railway servant means any person employed by the central government or by a railway administration in connection with the service of a railway 6including member of the railway protection force appointed under clause c of subsection 1 of section 2 of the railway protection force act, 23 of 35 rate includes any fare, freight or any other charge for the carriage of any passenger or goods 36 regulations means the regulations made by the railway rates tribunal under this act 37 rolling stock includes locomotives, lenders, carriages, wagons, railcars, containers, trucks, trolleys and vehicles of all kinds moving on rails 737a special railway project means a project notified as such by the central government from time to time, for providing national infrastructure for a public purpose in a specified timeframe, covering one or more states or the union territories 38 station to station rate means a special reduced rate applicable to a specific commodity booked between specified stations 39 traffic includes rolling stock of every description, as well as passengers and goods 840 tribunal means the tribunal referred to in section 33 41 wharfage means the charge levied on goods for not removing them from the railway after the expiry of the free time for such removal 42 zonal railway means a zonal railway constituted under section 3. 1. ins. by act 47 of , s. 2 w.e.f. . 2. ins. by act 11 of , s. 2 w.e.f. . 3. ins. by act 51 of , s. 2 w.e.f. . 4. ins. by act 11 of , s. 2 w.e.f. . 5. ins. by act 47 of , s. 2 w.e.f. . 6. ins. by act 51 of , s. 2 w.e.f. . 7. ins. by act 11 of , s. 2 w.e.f. . 8. subs. by act 7 of , s. 163, for clause 40 w.e.f. .

section 4c. of the railways act : 14c. terms and conditions of appointment of vicechairman and other members. the terms and conditions of appointment of the vicechairman and the other members of the authority, other than the chairman, and the manner of filling casual vacancies among them shall be such as may be prescribed. 1. ins. by act 47 of , s. 3 w.e.f. .

section 3. of the railways act : 1 the central government may, for the purpose of the efficient administration of the government railways, by notification constitute such railways into as many zonal railways as it may deem fit and specify in such notification the names and headquarters of such zonal railways and the areas in respect of which they shall exercise jurisdiction. 2 the zonal railway existing immediately before the commencement of this act shall be deemed to be zonal railways constituted under subsection 1. 3 the central government may, by notification, declare any unit of the railways engaged in research, development, designing, construction or production of rolling stock, its parts or other equipment used on a railway, to be a zonal railway. 4 the central government may, by notification, abolish any zonal railway or constitute any new zonal railway out of any existing zonal railway or zonal railways, change the name or headquarters of any zonal railway or determine the areas in respect of which a zonal railway shall exercise jurisdiction.

section 4b. of the railways act : 14b. composition of authority. 1 the authority shall consist of a chairman, vicechairman and not more than four other members. 2 the member engineering, railway board shall be the chairman, ex officio, of the authority. 3 the vicechairman and three other members shall be appointed by the central government from amongst persons who are or have been working in the civil engineering, finance and traffic disciplines of any railway administration and having adequate experience in the relevant discipline as the central government may consider necessary. 4 the central government shall also appoint a member who shall be a person from outside the railway administration and having adequate experience in such field as it may consider necessary. 1. ins. by act 47 of , s. 3 w.e.f. .

section 4a. of the railways act : 14a. establishment of railway land development authority. the central government may, by notification, establish an authority to be called the rail land development authority to exercise the powers and discharge the functions conferred on it by or under this act. 1 ins. by act 47 of , s. 3 w.e.f. .

section 4. of the railways act : 1 the central government shall, by notification, appoint a person to be the general manager of a zonal railway. 2 the general superintendence and control of a zonal railway shall vest in the general manager.

section 4e. of the railways act : 14e. powers of authority to enter into agreements and execute contracts. subject to such directions as may be given to it by the central government, the authority shall be empowered to enter into agreements on behalf of the central government and execute contracts. 1. ins. by act 47 of , s. 3 w.e.f. .

section 4i. of the railways act : 14i. power of authority to make regulations. 1 the authority may, with the previous approval of the central government, make regulations, consistent with this act and the rules made thereunder, for carrying out the provisions of this chapter. 2 every regulation made by the authority under this chapter shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 47 of , s. 3 w.e.f. .

section 4f. of the railways act : 14f. procedure of transaction of business of authority. the authority shall have power to regulate, by means of regulations made by it, its own procedure including quorum at its meetings and the conduct of all business to be transacted by it, the constitution of committees and subcommittees of members and the delegation to them any of the powers excluding the power to make regulations under this chapter and to perform duties of the authority. 1. ins. by act 47 of , s. 3 w.e.f. .

section 4g. of the railways act : 14g. appointment of officers and other employees of authority 1 for the purpose of enabling it efficiently to discharge its functions under this act, the central government shall provide the authority with such officers and other employees, and the authority shall, subject to the rules as may be made by the central government in this behalf, appoint, whether on deputation or otherwise, such number of officers and other employees as it may deem necessary. 2 the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the authority, shall be such as may be prescribed. 1. ins. by act 47 of , s. 3 w.e.f. .

section 4h., to be defrayed out of consolidated fund of india. of the railways act : 14h. salaries, allowances, etc., to be defrayed out of consolidated fund of india.the salaries and allowances payable to the vicechairman and other members of the authority and the administrative expenses including the salaries, allowances and pensions payable to the officers and other employees of the authority shall be defrayed out of the consolidated fund of india. 1. ins. by act 47 of , s. 3 w.e.f. .

section 6. of the railways act : the commissioner shall a inspect any railway with a view to determine whether it is fit to be opened for the public carriage of passengers and report thereon to the central government as required by or under this act b make such periodical or other inspections of any railway or of any rolling stock used thereon as the central government may direct c make an inquiry under this act into the cause of any accident on a railway and d discharge such other duties as are conferred on him by or under this act.

section 5. of the railways act : the central government may appoint a person to be the chief commissioner of railway safety and such other person as it may consider necessary to be the commissioners of railway safety.

section 7. of the railways act : subject to the control of the central government, the commissioner, whenever it is necessary so to do for any of the purposes of this act, may a enter upon and inspect any railway or any rolling stock used thereon b by order in writing addressed to a railway administration, require the attendance before him of any railway servant and to require answers or returns to such inquiries as he thinks fit to make from such railway servant or from the railway administration and c require the production of any book, document or material object belonging to or in the possession or control of any railway administration which appears to him to be necessary to inspect.

section 8. of the railways act : the commissioner shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 12. of the railways act : 1 a railway administration may, for the purpose of exercising the powers conferred on it by this act, alter the position of any pipe for the supply of gas, water, oil or compressed air, or the position of any electric supply line, drain or sewer: provided that before altering the position of any such pipe, electric supply line, drain or sewer, the railway administration shall give a notice indicating the time at which the work of such alteration shall commence, to the local authority or other person having control over the pipe, electric supply line, drain or sewer. 2 the railway administration shall execute the work referred to in subsection 1 to the reasonable satisfaction of the local authority or the person receiving the notice under the proviso to sub section 1.

section 9. of the railways act : a railway administration shall afford to the commissioner all reasonable facilities for the discharge of the duties or for the exercise of the powers imposed or conferred on him by or under this act.

section 10. of the railways act : the chief commissioner of railway safety shall prepare in each financial year an annual report giving a full account of the activities of the commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward, before such date as may be specified by the central government, copies thereof to the central government, and that government shall cause that report to be laid, as soon as may be, after its receipt before each house of parliament.

section 16. of the railways act : 1 a railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway, namely: a such crossings, bridges, culverts and passages over, under or by the sides of, or leading to or from, the railway as may, in the opinion of the state government, be necessary for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made and b all necessary bridges, tunnels, culverts, drains, water sources or other passages, over, under or by the sides of the railway, of such dimensions as will, in the opinion of the state government, be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as it was before the making of the railway or as nearly as possible. 2 subject to the other provisions of this act, the works specified in subsection 1 shall be made at the cost of the railway administration during or immediately after the laying out or formation of the railway over the lands traversed and in such a manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works: provided that a a railway administration shall not be required to make any administration shall be liable to execute any further or additional the working or using of the railway, or to make any accommodation works with respect to which the owners or occupiers of the lands have been paid compensation in consideration of their not requiring the said works to be made b save as hereinafter, in this chapter, provided, no railway administration shall be liable to execute any further or additional accommodation works for the use of the owners or occupiers of the lands after the expiration of ten years from the date on which the railway passing through the lands was first opened for public traffic c where a railway administration has provided suitable accommodation work for the crossing of a road or stream and the road or stream is afterwards diverted by the act or neglect of the person having the control thereof, the railway administration shall not be compelled to provide any other accommodation work for the crossing of such road or stream. 3 the state government may specify a date for the commencement of any work to be executed under subsection 1 and, if within three months next after that date, the railway administration fails to commence the work or having commenced it, fails to proceed diligently to execute it, the central government shall, on such failure being brought to its notice by the state government, issue such directions to the railway administration as it thinks fit. explanation. for the purposes of this section, the expression lands shall include public roads.

section 11. of the railways act : notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of this act and the provisions of any law for the acquisition of land for a public purpose or for companies, and subject also, in the case of a nongovernment railway, to the provisions of any contract between the nongovernment railway and the central government, a railway administration may, for the purposes of constructing or maintaining a railway a make or construct in or upon, across, under or over any lands, or any streets, hills, valleys, roads, railway, tramways, or any rivers, canals, brooks, streams or other waters, or any drains, waterpipes, gaspipes, oilpipes, sewers, electric supply lines, or telegraph lines, such temporary or permanent inclinedplanes, bridges, tunnels, culverts, embankments, adequcts, bridges, roads, lines of rail, ways, passages, conduits, drains, piers, cuttings and fences, intake wells, tube wells, dams, river training and protection works as it thinks proper b alter the course of any rivers, brooks, streams or other water courses, for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them and divert or alter either temporarily or permanently, the course of any rivers, brooks, streams or other water courses or any roads, streets or ways, or raise or sink the level thereof, in order to carry them more conveniently over or under or by the side of the railway c make drains or conduits into, through or under any lands adjoining the railway for the purpose of conveying water from or to the railway d erect and construct such houses, warehouses, offices and other buildings, and such yards, stations, wharves, engines, machinery apparatus and other works and conveniences as the railway administration thinks proper 1da developing any railway land for commercial use e alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them and substitute others in their stead f erect, operate, maintain or repair any telegraph and telephone lines in connection with the working of the railway g erect, operate, maintain or repair any electric traction equipment, power supply and distribution installation in connection with the working of the railway and h do all other acts necessary for making, maintaining, altering or repairing and using the railway. 1 . ins. by act 47 of , s. 4 w.e.f. .

section 13. of the railways act : nothing in sections 11 and 12 shall authorise a a railway administration of the government railway to do anything on or to any works, lands or buildings vested in, or in the possession of, a state government without the consent of that government and b a railway administration of a nongovernment railway to do anything on or to any works, lands or buildings vested in, or in the possession of, the central government or a state government, without the consent of the government concerned.

section 18. of the railways act : the central government may, within such time as may be specified by it or within such further time, as it may grant, require that a boundary marks or fences be provided or renewed by a railway administration for a railway or any part thereof and for roads constructed in connection therewith b suitable gates, chains, bars, stiles or handrails be erected or renewed by a railway administration at level crossings c persons be employed by a railway administration to open and shut gates, chains or bars.

section 14. of the railways act : 1 where in the opinion of a railway administration a there is imminent danger that any tree, post or structure may fall on the railway so as to obstruct the movement of rolling stock or b any tree, post, structure or light obstructs the view of any signal provided for movement of rolling stock or c any tree, post or structure obstructs any telephone or telegraph line maintained by it, it may take such steps as may be necessary to avert such danger or remove such obstruction and submit a report thereof to the central government in such manner and within such time as may be prescribed. 2 where in the opinion of a railway administration a a slip or accident has occurred or b there is apprehension of any slip or accident to any cutting, embankment or other work on a railway, it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the central government in such manner and within such time as may be prescribed. 3 the central government may, after considering the report under subsection 1 or subsection 2, in the interest of public safety, by order, direct the railway administration that further action under subsection 1 or subsection 2 shall be stopped or the same shall be subject to such conditions as may be specified in that order.

section 15. of the railways act : 1 no suit shall lie against a railway administration to recover any amount for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this chapter. 2 a railway administration shall pay or tender payment for any damage or loss caused in the exercise of the powers conferred by any of the foregoing provisions of this chapter, and in case of a dispute as to the sufficiency of any amount so paid or tendered or as to the persons entitled to receive the amount, it shall immediately refer the dispute for the decision of the district judge of the district and his decision thereon shall be final: provided that where the railway administration fails to make a reference within sixty days from the date of commencement of the dispute, the district judge may, on an application made to him by the person concerned, direct the railway administration to refer the dispute for his decision. 3 the reference under subsection 2 shall be treated as an appeal under section 96 of the code of civil procedure, 5 of and shall be disposed of accordingly. 4 where any amount has been paid as required by subsection 2, the railway administration shall, notwithstanding anything in any other law for the time being in force, be discharged from all liabilities to any person whatsoever in respect of any amount so paid.

section 20b. of the railways act : 120b. power to enter for survey, etc. on the issue of a notification under subsection 1 of section 20a, it shall be lawful for any person, authorised by the competent authority in this behalf, to a make any inspection, survey, measurement, valuation or enquiry b take levels c dig or bore into subsoil d set out boundaries and intended lines of work e mark such levels, boundaries and lines placing marks and cutting trenches or f do such other acts or things as may be considered necessary by the competent authority. 1. ins. by act 11 of , s. 3 w.e.f.

section 17. of the railways act : 1 if an owner or occupier of any land affected by a railway considers the works made under section 16 to be insufficient for the use of the land, or if the state government or a local authority desires to construct a public road or other work across, under or over a railway, such owner or occupier, or, as the case may be, the state government or the local authority may, at any time, require the railway administration to make at the expense of the owner or occupier or of the state government or the local authority, as the case may be, such further accommodation works as are considered necessary and are agreed to by the railway administration. 2 the accommodation works made under subsection 1 shall be maintained at the cost of the owner or occupier of the land, the state government or the local authority, at whose request the works were made. 3 in the case of any difference of opinion between the railway administration and the owner or occupier, the state government or the local authority, as the case may be, in relation to i the necessity of such further accommodation works or ii the expenses to be incurred on the construction of such further accommodation works or iii the quantum of expenses on the maintenance of such further accommodation works, it shall be referred to the central government whose decision thereon shall be final.

section 19. of the railways act : 1 where a railway administration has constructed lines of rails across a public road at the same level, the state government or the local authority maintaining the road, may, at any time, in the interest of public safety, require the railway administration to take the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches, instead of crossing the road on the level, or to execute such other works as may, in the circumstances of the case, appear to the state government or the local authority maintaining the road to be best adapted for removing or diminishing the danger arising from the level crossing. 2 the railway administration may require the state government or the local authority, as the case may be, as a condition of executing any work under subsection 1, to undertake to pay the whole of the cost of the work and the expense of maintaining the work, to the railway administration or such proportion of the cost and expenses as the central government considers just and reasonable. 3 in the case of any difference of opinion between the railway administration and the state government or the local authority, as the case may be, over any of the matters mentioned in subsection 1, it shall be referred to the central government, whose decision thereon shall be final.

section 20e. of the railways act : 120e. declaration of acquisition. 1 where no objection under subsection 1 of section 20d has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under subsection 2 of that section, the competent authority shall, as soon as may be, submit a report accordingly to the central government and on receipt of such report, the central government shall declare, by notification, that the land should be acquired for the purpose mentioned in subsection 1 of section 20a. 2 on the publication of the declaration under subsection 1, the land shall vest absolutely in the central government free from all encumbrances. 3 where in respect of any land, a notification has been published under subsection 1 of section 20a for its acquisition, but no declaration under subsection 1 of this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: provided that in computing the said period of one year, the period during which any action or proceedings to be taken in pursuance of the notification issued under subsection 1 of section 20a is stayed by an order of a court shall be excluded. 4 a declaration made by the central government under subsection 1 shall not be called in question in any court or by any other authority. 1. ins. by act 11 of , s. 3 w.e.f.

section 20. of the railways act : notwithstanding anything contained in any other law, the central government may, if it is of the opinion that any work undertaken or may be undertaken, is likely to alter or impede the natural course of water flow or cause an increase in the volume of such flow endangering any cutting, embankment or other work on a railway, issue directions in writing to any person, officer or authority responsible for such work to close, regulate or prohibit that work.

section 20a. of the railways act : 120a. power to acquire land, etc. 1 where the central government is satisfied that for a public purpose any land is required for execution of a special railway project, it may, by notification, declare its intention to acquire such land. 2 every notification under subsection 1, shall give a brief description of the land and of the special railway project for which the land is intended to be acquired. 3 the state government or the union territory, as the case may be, shall for the purposes of this section, provide the details of the land records to the competent authority, whenever required. 4 the competent authority shall cause the substance of the notification to be published in two local newspapers, one of which shall be in a vernacular language. 1 ins. by act 11 of , s. 3 w.e.f. .

section 20c. of the railways act : 120c. evaluation of damages during survey, measurement, etc. the damages caused while carrying out works on land such as survey, digging or boring subsoil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under section 20b particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works. 1. ins. by act 11 of , s. 3 w.e.f.

section 20d. of the railways act : 120d. hearing of objections, etc. 1 any person interested in the land may, within a period of thirty days from the date of publication of the notification under subsection 1 of section 20a, object to the acquisition of land for the purpose mentioned in that subsection. 2 every objection under subsection, 1, shall be made to the competent authority in writing, and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. explanation. for the purposes of this subsection, legal practitioner has the same meaning as in clause i of subsection 1 of section 2 of the advocates act, 25 of . 3 any order made by the competent authority under subsection 2 shall be final 1. ins. by act 11 of , s. 3 w.e.f.

section 20f. of the railways act : 120f. determination of amount payable as compensation. 1 where any land is acquired under this act, there shall be paid an amount which shall be determined by an order of the competent authority. 2 the competent authority shall make an award under this section within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: provided that the competent authority may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months: provided further that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent. of the value of the award, for each month of such delay. 3 where the right of user or any right in the nature of an easement on, any land is acquired under this act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition, an amount calculated at ten per cent. of the amount determined under subsection 1, for that land. 4 before proceeding to determine the amount under subsection 1 or subsection 3, as the case may be, the competent authority shall give a public notice published in two local newspapers, one of which shall be in a vernacular language inviting claims from all persons interested in the land to be acquired. 5 such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in subsection 2 of section 20d, before the competent authority, at a time and place and to state the nature of their respective interest in such land. 6 if the amount determined by the competent authority under subsection 1 or as the case may be, subsection 3 is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the central government in such manner as may be prescribed. 7 subject to the provisions of this act, the provisions of the arbitration and conciliation act, 26 of shall apply to every arbitration under this act. 8 the competent authority or the arbitrator while determining the amount of compensation under subsection 1 or subsection 6, as the case may be, shall take into consideration a the market value of the land on the date of publication of the notification under section 20a b the damage, if any sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land c the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings d if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. 9 in addition to the marketvalue of the land as above provided, the competent authority or the arbitrator, as the case may be, shall in every case award a sum of sixty per centum on such marketvalue, in consideration of the compulsory nature of the acquisition. 1. ins. by act 11 of , s. 3 w.e.f.

section 20g. of the railways act : 120g. criterion for determination of marketvalue of land. 1 the competent authority shall adopt the following criteria in assessing and determining the marketvalue of the land, i the minimum land value, if any, specified in the indian stamp act, 2 of , for the registration of sale deeds in the area, where the land is situated or ii the average of the sale price for similar type of land situated in the village or vicinity, ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three years, where higher price has been paid, whichever is higher. 2 where the provisions of subsection 1 are not applicable for the reason that: i the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area or ii the registered sale deeds for similar land as mentioned in clause i of subsection 1 are not available for the preceding three years or iii the minimum land value has not been specified under the indian stamp act, 2 of by the appropriate authority, the concerned state government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent. of the sale deeds registered during the preceding three years where higher price has been paid, and the competent authority may calculate the value of the land accordingly. 3 the competent authority shall, before assessing and determining the marketvalue of the land being acquired under this actbr a ascertain the intended land use category of such land and b take into account the value of the land of the intended category in the adjoining areas or vicinity, for the purpose of determination of the marketvalue of the land being acquired. 4 in determining the marketvalue of the building and other immovable property or assets attached to the land or building which are to be acquired, the competent authority may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the competent authority. 5 the competent authority may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him. 6 for the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the competent authority may utilise the services of experienced persons in the field of agriculture as he considers necessary. 1. ins. by act 11 of , s. 3 w.e.f.

section 20h. of the railways act : 120h. deposit and payment of amount. 1 the amount determined under section 20f shall be deposited by the central government, in such manner as may be prescribed by that government, with the competent authority before taking possession of the land. 2 as soon as may be after the amount has been deposited under subsection 1, the competent authority shall on behalf of the central government pay the amount to the person or persons entitled thereto. 3 where several persons claim to be interested in the amount deposited under subsection 1, the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. 4 if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated. 5 where the amount determined under section 20f by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent. per annum on such excess amount from the date of taking possession under section 20i till the date of actual deposit thereof. 6 where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under subsection 5 shall be deposited by the central government, in such manner as may be prescribed by that government, with the competent authority and the provisions of subsections 2 to 4 shall apply to such deposit. 1. ins. by act 11 of , s. 3 w.e.f.

section 20i. of the railways act : 120i power to take possession. 1 where any land has vested in the central government under subsection 2 of section 20e, and the amount determined by the competent authority under section 20f with respect to such land has been deposited under subsection 1 of section 20h with the competent authority by the central government, the competent authority may, by notice in writing, direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof the competent authority or any person duly authorised by it in this behalf within a period of sixty days of the service of the notice. 2 if any person refuses or fails to comply with any direction made under subsection 1, the competent authority shall apply a in case of any land situated in any area falling within the metropolitan area, to the commissioner of police b in case of any land situated in any area other than the area referred to in clause a, to the collector of a district, and such commissioner or collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it. 1. ins. by act 11 of , s. 3 w.e.f.

section 20n. of the railways act : 120n. land acquisition act 1 of not to apply. nothing in the land acquisition act, shall apply to an acquisition under this act. 1. ins. by act 11 of , s. 3 w.e.f.

section 20j. of the railways act : 120j. right to enter into land where land has vested in central government. where the land has vested in the central government under section 20e, it shall be lawful for any person authorised by the central government in this behalf, to enter and do other act necessary upon the land for carrying out the building, maintenance, management or operation of the special railway project or part thereof or any other work connected therewith. 1. ins. by act 11 of , s. 3 w.e.f.

section 20k. of the railways act : 120k. competent authority to have certain powers of civil court. the competent authority shall have, for the purposes of this act, all the powers of a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commission for examination of witnesses. 1. ins. by act 11 of , s. 3 w.e.f.

section 20l. of the railways act : 120l. utilisation of land for the purpose it is acquired. 1 the land acquired under this act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the central government. 2 when any land or part thereof, acquired under this act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the central government by reversion. 1. ins. by act 11 of , s. 3 w.e.f.

section 20o. of the railways act : 120o. application of the national rehabilitation and resettlement policy, to persons affected due to land acquisition. the provisions of the national rehabilitation and resettlement policy, for project affected families, notified by the government of india in the ministry of rural development vide number f. /4/ lrd dated the 31st october, , shall apply in respect of acquisition of land by the central government under this act. 1. ins. by act 11 of , s. 3 w.e.f.

section 20m. of the railways act : 120m. sharing with landowners the difference in price of a land when transferred for a higher consideration. whenever any land acquired under this act is transferred to any person for a consideration, eighty per cent. of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the competent authority in such manner as may be prescribed by the central government. 1. ins. by act 11 of , s. 3 w.e.f.

section 20p. of the railways act : 120p. power to make rules in respect of matters in this chapter. 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of appointment of arbitrator under subsection 6 of section 20f b the manner in which the amount shall be deposited with the competent authority under subsections 1 and 6 of section 20h c the manner of maintenance and administration of separate fund for the purposes of section 20m. 1. ins. by act 11 of , s. 3 w.e.f.

section 21. of the railways act : no railway shall be opened for the public carriage of passengers until the central government has, by order, sanctioned the opening thereof for that purpose.

section 22. of the railways act : 1 the central government shall, before giving its sanction to the opening of a railway under section 21, obtain a report from the commissioner that a he has made a careful inspection of the railway and the rolling stock that may be used thereon b the moving and fixed dimensions as laid down by the central government have not been infringed c the structure of lines of rails, strength of bridges, general structural character of the works and the size of, and maximum gross load upon, the axles of any rolling stock, comply with the requirements laid down by the central government and d in his opinion, the railway can be opened for the public carriage of passengers without any danger to the public using it. 2 if the commissioner is of the opinion that the railway cannot be opened without any danger to the public using it, he shall, in his report, state the grounds therefor, as also the requirements which, in his opinion, are to be complied with before sanction is given by the central government. 3 the central government, after considering the report of the commissioner, may sanction the opening of a railway under section 21 as such or subject to such conditions as may be considered necessary by it for the safety of the public.

section 27. of the railways act : a railway administration may use such rolling stock as it may consider necessary for the construction, operation and working of a railway: provided that before using any rolling stock of a design or type different from that already running on any section of the railway, the previous sanction of the central government shall be obtained for such use: provided further that before giving any such sanction, the central government shall obtain a report from the commissioner that he has made a careful inspection of the rolling stock and, in his opinion, such rolling stock can be used.

section 23. of the railways act : the provisions of sections 21 and 22 shall apply to the opening of the following works if they form part of, or are directly connected with, a railway used for the public carriage of passengers and have been constructed subsequent to the giving of a report by the commissioner under section 22, namely: a opening of additional lines of railway and deviation lines b opening of stations, junctions and level crossings c remodelling of yards and rebuilding of bridges d introduction of electric traction and e any alteration or reconstruction materially affecting the structural character of any work to which the provisions of sections 21 and 22 apply or are extended by this section.

section 26. of the railways act : when the central government has, under section 25, directed the closure of a railway or the discontinuance of the use of any rolling stock a the railway shall not be reopened for the public carriage of passengers until it has been inspected by the commissioner and its reopening is sanctioned in accordance with the provisions of this chapter and b the rolling stock shall not be used until it has been inspected by the commissioner and its reuse is sanctioned in accordance with the provisions of this chapter.

section 24. of the railways act : when an accident has occurred on a railway resulting in a temporary suspension of traffic, and either the original lines of rails and works have been restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original lines of rails and works so restored, or the temporary diversion, as the case may be, may, without prior inspection by the commissioner, be opened for the public carriage of passengers, subject to the following conditions, namely: a the railway servant incharge of the works undertaken by reason of the accident has certified in writing that the opening of the restored lines of rails and works, or of the temporary diversion will not in his opinion be attended with danger to the public and b a notice of the opening of the lines of rails and works or the diversion shall be sent immediately to the commissioner.

section 25. of the railways act : where, after the inspection of any railway opened and used for the public carriage of passengers or any rolling stock used thereon, the commissioner is of the opinion that the use of the railway or of any rolling stock will be attended with danger to the public using it, the commissioner shall send a report to the central government who may thereupon direct that i the railway be closed for the public carriage of passengers or ii the use of the rolling stock be discontinued or iii the railway or the rolling stock may be used for the public carriage of passengers subject to such conditions as it may consider necessary for the safety of the public.

section 28. of the railways act : show related subordinates the central government may, by notification, direct that any of its powers or functions under this chapter, except section 29, or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by a commissioner.

section 29. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the duties of a railway administration and the commissioner in regard to the opening of a railway for the public carriage of passengers b the arrangements to be made for and the formalities to be complied with before opening a railway for the public carriage of passengers c for regulating the mode in which, and the speed at which rolling stock used on railways is to be moved or propelled and d the cases in which and the extent to which the procedure provided in this chapter may be dispensed with.

section 35.. of the railways act : 35. sittings of the tribunal. omitted by s. 163, ibid. w.e.f. .

section 31. of the railways act : the central government shall have power to a classify or reclassify any commodity for the purpose of determining the rates to be charged for the carriage of such commodities and b increase or reduce the class rates and other charges.

section 37. of the railways act : nothing in this chapter shall confer jurisdiction on the tribunal in respect of a classification or reclassification of any commodity b fixation of wharfage and demurrage charges including conditions attached to such charges c fixation of fares levied for the carriage of passengers and freight levied for the carriage of luggage, parcels, railway material and military traffic and d fixation of lump sum rates.

section 30. of the railways act : 1 the central government may, from time to time, by general or special order fix, for the carriage of passengers and goods, rates for the whole or any part of the railway and different rates may be fixed for different classes of goods and specify in such order the conditions subject to which such rates shall apply. 2 the central government may, by a like order, fix the rates of any other charges incidental to or connected with such carriage including demurrage and wharfage for the whole or any part of the railway and specify in the order the conditions subject to which such rates shall apply.

section 33. of the railways act : 133. tribunal. the railway claims tribunal established under section 3 of the railway claims tribunal act, 54 of shall, on and from the commencement of part xiv of chapter vi of the finance act, , be the tribunal for the purposes of this act and the said tribunal shall exercise the jurisdiction, authority and powers conferred on it by or under this act. 1 subs. by s. 163, ibid., for section 33 w.e.f. .

section 32. of the railways act : notwithstanding anything contained in this chapter, a railway administration may, in respect of the carriage of any commodity and subject to such conditions as may be specified, a quote a station to station rate b increase or reduce or cancel, after due notice in the manner determined by the central government, a station to station rate, not being a station to station rate introduced in compliance with an order made by the tribunal c withdraw, alter or amend the conditions attached to a station to station rate other than conditions introduced in compliance with an order made by the tribunal and d charge any lump sum rate.

section 34.. of the railways act : 34. staff of the tribunal. omitted by the finance act, 7 of , s. 163 w.e.f. .

section 36.complaints against a railway administration of the railways act : any complaint that a railway administration a is contravening the provisions of section 70 or b is charging for the carriage of any commodity between two stations a rate which is unreasonable or c is levying any other charge which is unreasonable, may be made to the tribunal, and the tribunal shall hear and decide any such complaint in accordance with the provisions of this chapter.

section 39. of the railways act : notwithstanding anything contained in section 37, the central government may make a reference to the tribunal in respect of any of the matter specified in that section and where any such reference is made in respect of any such matter, the tribunal shall make an inquiry into that matter and submit its report thereon to the central government.

section 38. of the railways act : 1 the tribunal shall have the powers of a civil court under the code of civil procedure, 5 of for the purposes of taking evidence on oath, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examination of witnesses and of review and shall be deemed to be a civil court for all the purposes of section 195 and chapter xxxv of the code of criminal procedure, 2 of and any reference in such section or chapter to the presiding officer of a court shall be deemed to include a reference to the chairman of the tribunal. 2 the tribunal shall also have power to pass such interim and final orders as the circumstances may require, including orders for the payment of costs.

section 40. of the railways act : 1 the central government shall give to the tribunal such assistance as it may require and shall also place at its disposal any information in the possession of the central government which that government may think relevant to any matter before the tribunal. 2 any person duly authorised in this behalf by the central government shall be entitled to appear and be heard in any proceedings before the tribunal.

section 41. of the railways act : in the case of any complaint under clause a of section 36, a whenever it is shown that a railway administration charges one trader or class of traders or the traders in any local area, lower rates for the same or similar goods or lower charges for the same or similar services than it charges to other traders in any other local area, the burden of providing that such lower rate or charge does not amount to an undue preference, shall lie on the railway administration b in deciding whether a lower rate or charge does not amount to an undue preference, the tribunal may, in addition to any other considerations affecting the case, take into consideration whether such lower rate or charge is necessary in the interests of the public.

section 47. of the railways act : show related subordinates the tribunal shall present annually a report to the central government of all its proceedings under this chapter.

section 42., of the tribunal. of the railways act : the decisions or orders of the tribunal shall be by a majority of the members sitting and shall be final.

section 43. of the railways act : no suit shall be instituted or proceeding taken in respect of any matter which the tribunal is empowered to deal with, or decide, under this chapter.

section 44. of the railways act : in the case of any complaint made under clause b or clause c of section 36, the tribunal may i fix such rate or charge as it considers reasonable from any date as it may deem proper, not being a date earlier to the date of the filing of the complaint ii direct a refund of amount, if any, as being the excess of the rate or charge fixed by the tribunal under clause i.

section 45. of the railways act : where a railway administration considers that since the date of decision by the tribunal, there has been a material change in the circumstances on which it was based, it may, after the expiry of one year from such date, make an application to the tribunal and the tribunal may, after making such inquiry as it considers necessary, vary or revoke the decision.

section 46. of the railways act : the tribunal may transmit any decision or order made by it to a civil court having local jurisdiction and such civil court shall execute the decision or order as if it were a decree made by that court.

section 48. of the railways act : 1 the tribunal may, with the previous approval of the central government, make regulations consistent with this act and rules generally to regulate its procedure for the effective discharge of its functions under this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: 1 b the award of costs by the tribunal in any proceedings before it c the reference of any question to a member or to an officer of the tribunal or any other person appointed by the tribunal, for report after holding a local inquiry d the right of audience before the tribunal, provided that any party shall be entitled to be heard in person, or by a representative duly authorised in writing, or by a legal practitioner e the disposal by the tribunal of any proceedings before it, notwithstanding that in the course thereof there has been a change in the persons sitting as members of the tribunal f a scale of fees for and in connection with the proceedings before the tribunal. 1. clause a omitted by act 7 of , s.163 w.e.f. .

section 49. of the railways act : 1 every railway administration shall cause to be pasted in a conspicuous and accessible place at every station in hindi and english and also in the regional language commonly in use in the area where the station is situated, i a table of times of arrival and departure of trains which carry passengers and stop at that station and ii list of fares from such station to such other stations as it may consider necessary. 2 at every station where tickets are issued to passengers, a copy of the time table in force shall be kept in the office of the station master.

section 50. of the railways act : 1 any person desirous of travelling on a railway shall, upon payment of the fare, be supplied with a ticket by a railway servant or an agent authorised in this behalf and such ticket shall contain the following particulars, namely: i the date of issue ii the class of carriage iii the place from and the place to which it is issued and iv the amount of the fare. 2 every railway administration shall display the hours during which booking windows at a station shall be kept open for the issue of tickets to passengers. 3 the particulars required to be specified on a ticket under clauses ii and iii of subsection 1 shall, a if it is for the lowest class of carriage, be set forth in hindi, english and the regional language commonly in use at the place of issue of the ticket and b if it is for any other class of carriage, be set forth in hindi and english: provided that where it is not feasible to specify such particulars in any such language due to mechanisation or any other reason, the central government may exempt such particulars being specified in that language.

section 51. of the railways act : 1 a ticket shall be deemed to have been issued subject to the condition of availability of accommodation in the class of carriage and the train for which the ticket is issued. 2 if no accommodation is available in the class of carriage for which a ticket is issued, and the holder thereof travels in a carriage of a lower class, he shall, on returning such ticket, be entitled to a refund of the difference between the fare paid by him and the fare payable for the class of carriage in which he travels.

section 52. of the railways act : if a ticket is returned for cancellation, the railway administration shall cancel the same and refund such amount as may be prescribed.

section 56. of the railways act : 1 a person suffering from such infectious or contagious diseases, as may be prescribed, shall not enter or remain in any carriage on a railway or travel in a train without the permission of a railway servant authorised in this behalf. 2 the railway servant giving permission under subsection 1, shall arrange for the separation of the person suffering from such disease from other persons in the train and such person shall be carried in the train subject to such other conditions as may be prescribed. 3 any person who enters or remains in any carriage or travels in a train without permission as required under subsection 1 or in contravention of any condition prescribed under subsection 2, such person and a person accompanying him shall be liable to the forfeiture of their passes or tickets and removal from railway by any railway servant.

section 53. of the railways act : a ticket issued in the name of a person shall be used only by that person: provided that nothing contained in this section shall prevent mutual transfer of a seat or berth by passengers travelling by the same train: provided further that a railway servant authorised in this behalf may permit change of name of a passenger having reserved a seat or berth subject to such circumstances as may be prescribed.

section 54. of the railways act : every passenger shall, on demand by any railway servant authorised in this behalf, present his pass or ticket to such railway servant for examination during the journey or at the end of the journey and surrender such ticket a at the end of the journey, or b if such ticket is issued for a specified period, on the expiration of such period.

section 55. of the railways act : 1 no person shall enter or remain in any carriage on a railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket or obtained permission of a railway servant authorised in this behalf for such travel. 2 a person obtaining permission under subsection 1 shall ordinarily get a certificate from the railway servant referred to in that subsection that he has been permitted to travel in such carriage on condition that he subsequently pays the fare payable for the distance to be travelled.

section 57. of the railways act : subject to the approval of the central government, every railway administration shall fix the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in hindi, english and also in one or more of the regional languages commonly in use in the areas served by the railway.

section 58., for ladies. of the railways act : every railway administration shall, in every train carrying passengers, earmark for the exclusive use of females, one compartment or such number of berths or seats, as the railway administration may think fit.

section 60. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the convenience and accommodation including the reservation of seats or berths in trains to passengers b the amount of refund for the cancellation of a ticket c the circumstances under which change of names of passengers, having reserved seats or berths, may be permitted d the carriage of luggage and the conditions subject to which luggage may be kept in the cloak rooms at the stations e diseases which are infectious or contagious f the conditions subject to which a railway administration may carry passengers suffering from infectious or contagious diseases and the manner in which carriages used by such passengers may be disinfected g generally, for regulating the travelling upon, and the use, working and management of the railways. 3 any rule made under this section may provide that a contravention thereof shall be punishable with fine which shall not exceed five hundred rupees. 4 every railway administration shall keep at every station on its railway a copy of all the rules made under this section and shall also allow any person to inspect it free of charge.

section 61., for carriage of goods. of the railways act : every railway administration shall maintain, at each station and at such other places where goods are received for carriage, the ratebooks or other documents which shall contain the rate authorised for the carriage of goods from one station to another and make them available for the reference of any person during all reasonable hours without payment of any fee.

section 64. of the railways act : 1 every person entrusting any goods to a railway administration for carriage shall execute a forwarding note in such form as may be specified by the central government: provided that no forwarding note shall be executed in the case of such goods as may be prescribed. 2 the consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note. 3 the consignor shall indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of the particulars in the forwarding note.

section 59. of the railways act : a railway administration shall provide and maintain in every train carrying passengers, such efficient means of communication between the passengers and the railway servant in charge of the train as may be approved by the central government: provided that where the railway administration is satisfied that the means of communication provided in a train are being misused, it may cause such means to be disconnected in that train for such period as it thinks fit: provided further that the central government may specify the circumstances under which a railway administration may be exempted from providing such means of communication in any train.

section 62., of goods. of the railways act : 1 a railway administration may impose conditions, not inconsistent with this act or any rules made thereunder, with respect to the receiving, forwarding, carrying or delivering of any goods. 2 a railway administration shall maintain, at each station and at such other places where goods are received for carriage, a copy of the conditions for the time being in force under subsection 1 and make them available for the reference of any person during all reasonable hours without payment of any fee.

section 63. of the railways act : 1 where any goods are entrusted to a railway administration for carriage, such carriage shall, except where owners risk rate is applicable in respect of such goods, be at railway risk rate. 2 any goods, for which owners risk rate and railway risk rate are in force, may be entrusted for carriage at either of the rates and if no rate is opted, the goods shall be deemed to have been entrusted at owners risk rate.

section 65. of the railways act : 1 a railway administration shall, a in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading or b in any other case, on the acceptance of the goods by it, issue a railway receipt in such form as may be specified by the central government. 2 a railway receipt shall be prima facie evidence of the weight and the number of packages stated therein: provided that in the case of a consignment in wagonload or trainload and the weight or the number of packages is not checked by a railway servant authorised in this behalf, and a statement to that effect is recorded in such railway receipt by him, the burden of proving the weight or, as the case may be, the number of packages stated therein, shall lie on the consignor, the consignee or the endorsee.

section 66. of the railways act : 1 the owner or a person having charge of any goods which are brought upon a railway for the purposes of carriage by railway, and the consignee or the endorsee of any consignment shall, on the request of any railway servant authorised in this behalf, deliver to such railway servant a statement in writing signed by such owner or person or by such consignee or endorsee, as the case may be, containing such description of the goods as would enable the railway servant to determine the rate for such carriage. 2 if such owner or person refuses or neglects to give the statement as required under subsection 1 and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to refuse to accept such goods for carriage unless such owner or person pays for such carriage the highest rate for any class of goods. 3 if the consignee or endorsee refuses or neglects to give the statement as required under subsection 1 and refuses to open the package containing the goods, if so required by the railway servant, it shall be open to the railway administration to charge in respect of the carriage of the goods the highest rate for any class of goods. 4 if the statement delivered under subsection 1 is materially false with respect to the description of any goods to which it purports to relate, the railway administration may charge in respect of the carriage of such goods such rate, not exceeding double the highest rate for any class of goods as may be specified by the central government. 5 if any difference arises between a railway servant and such owner or person, the consignee or the endorsee, as the case may be, in respect of the description of the goods for which a statement has been delivered under subsection 1, the railway servant may detain and examine the goods. 6 where any goods have been detained under subsection 5 for examination and upon such examination it is found that the description of the goods is different from that given in the statement delivered under subsection 1, the cost of such detention and examination shall be borne by such owner or person, the consignee or the endorsee, as the case may be, and the railway administration shall not be liable for any loss, damage or deterioration which may be caused by such detention or examination.

section 67. of the railways act : 1 no person shall take with him on a railway, or require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section. 2 no person shall take with him on a railway the goods referred to in subsection 1 unless he gives a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf. 3 no person shall entrust the goods referred to in subsection 1 to a railway servant authorised in this behalf for carriage unless he distinctly marks on the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant. 4 if any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under subsection 2 or subsection 3, as the case may be, in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining its contents. 5 notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the provisions of this section for such carriage are not complied with. 6 nothing in this section shall be construed to derogate from the provisions of the indian explosives act, 4 of , or any rule or order made under that act, and nothing in subsections 4 and 5 shall be construed to apply to any goods entrusted for carriage by order or on behalf of the government or to any goods which a soldier, sailor, airman or any other officer of the armed forces of the union or a police officer or a member of the territorial army or of the national cadet corps may take with him on a railway in the course of his employment or duty as such.

section 68. of the railways act : a railway administration shall not be bound to carry any animal suffering from such infectious or contagious disease as may be prescribed.

section 69. of the railways act : where due to any cause beyond the control of a railway administration or due to congestion in the yard or any other operational reasons, goods are carried over a route other than the route by which such goods are booked, the railway administration shall not be deemed to have committed a breach of the contract of carriage by reason only of the deviation of the route.

section 70. of the railways act : a railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in the carriage of goods.

section 74. of the railways act : the property in the consignment covered by a railway receipt shall pass to the consignee or the endorsee, as the case may be, on the delivery of such railway receipt to him and he shall have all the rights and liabilities of the consignor.

section 71. of the railways act : 1 the central government may, if it is of the opinion that it is necessary in the public interest so to do, by general or special order, direct any railway administration a to give special facilities for, or preference to, the carriage of such goods or class of goods consigned by or to the central government or the government of any state or of such other goods or class of goods b to carry any goods or class of goods by such route or routes and at such rates c to restrict or refuse acceptance of such goods or class of goods at or to such station for carriage, as may be specified in the order. 2 any order made under subsection 1 shall cease to have effect after the expiration of a period of one year from the date of such order, but may, by a like order, be renewed from time to time for such period not exceeding one year at a time as may be specified in the order. 3 notwithstanding anything contained in this act, every railway administration shall be bound to comply with any order given under subsection 1 and any action taken by a railway administration in pursuance of any such order shall not be deemed to be a contravention of section 70.

section 73. of the railways act : where a person loads goods in a wagon beyond its permissible carrying capacity as exhibited under subsection 2 or subsection 3, or notified under subsection 4, of section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee or the endorsee, as the case may be, charges by way of penalty at such rates, as may be prescribed, before the delivery of the goods: provided that it shall be lawful for the railway administration to unload the goods loaded beyond the capacity of the wagon, if detected at the forwarding station or at any place before the destination station and to recover the cost of such unloading and any charge for the detention of any wagon on this account.

section 75. of the railways act : nothing contained in section 74 shall prejudice or affect a any right of the consignor for stoppage of goods in transit as an unpaid vendor as defined under the sale of goods act, of on his written request to the railway administration b any right of the railway to claim freight from the consignor or c any liability of the consignee or the endorsee, referred to in that section, by reason of his being such consignee or endorsee.

section 72. of the railways act : 1 the gross weight of every wagon or truck bearing on the axles when the wagon or truck is loaded to its maximum carrying capacity shall not exceed such limit as may be fixed by the central government for the class of axle under the wagon or truck. 2 subject to the limit fixed under subsection 1, every railway administration shall determine the normal carrying capacity for every wagon or truck in its possession and shall exhibit in words and figures the normal carrying capacity so determined in a conspicuous manner on the outside of every such wagon or truck. 3 every person owning a wagon or truck which passes over a railway shall determine and exhibit the normal carrying capacity for the wagon or truck in the manner specified in subsection 2. 4 notwithstanding anything contained in subsection 2 or subsection 3, where a railway administration considers it necessary or expedient so to do in respect of any wagon or truck carrying any specified class of goods or any class of wagons or trucks of any specified type, it may vary the normal carrying capacity for such wagon or truck or such class of wagons or trucks and subject to such conditions as it may think fit to impose, determine for the wagon or truck or class of wagons or trucks such carrying capacity as may be specified in the notification and it shall not be necessary to exhibit the words and figures representing the carrying capacity so determined on the outside of such wagon or truck or such class of wagons or trucks.

section 83. of the railways act : 1 if the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereafter comes into its possession. 2 the railway administration may, if the consignment detained under subsection 1 is a perishable in nature, sell at once or b not perishable in nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges: provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed. 3 the railway administration shall give a notice of not less than seven days of the public auction under clause b of subsection 2 in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed. 4 the railway administration may, out of the sale proceeds received under subsection 2, retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto.

section 76. of the railways act : the railway administration shall deliver the consignment under a railway receipt on the surrender of such railway receipt: provided that in case the railway receipt is not forthcoming, the consignment may be delivered to the person, entitled in the opinion of the railway administration to receive the goods, in such manner as may be prescribed.

section 77. of the railways act : where no railway receipt is forthcoming and any consignment or the sale proceeds of any consignment are claimed by two or more persons, the railway administration may withhold delivery of such consignment or sale proceeds, as the case may be, and shall deliver such consignment or sale proceeds in such manner as may be prescribed.

section 82. of the railways act : 1 the consignee or endorsee shall, as soon as the consignment or part thereof is ready for delivery, take delivery of such consignment or part thereof notwithstanding that such consignment or part thereof is damaged 2 in the case of partial delivery under subsection 1, the railway administration shall furnish a partial delivery certificate, in such form as may be prescribed. 3 if the consignee or endorsee refuses to take delivery under subsection 1, the consignment or part thereof shall be subject to wharfage charges beyond the time allowed for removal.

section 78. of the railways act : notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to i remeasure, reweigh or reclassify any consignment ii recalculate the freight and other charges and iii correct any other error or collect any amount that may have been omitted to be charged.

section 80. of the railways act : where a railway administration delivers the consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the ground that such person is not entitled thereto or that the endorsement on the railway receipt is forged or otherwise defective.

section 81. of the railways act : where the consignment arrives in a damaged condition or shows signs of having been tampered with and the consignee or the endorsee demands open delivery, the railway administration shall give open delivery in such manner as may be prescribed.

section 79. of the railways act : a railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any: provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owners risk rate or goods which are perishable and are likely to lose weight in transit: provided further that no request for weighment of consignment in wagonload or trainload shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed.

section 85. of the railways act : 1 where by reason of any flood, landslip, breach of any lines of rails, collision between trains, derailment of, or other accident to a train or any other cause, traffic on any route is interrupted and there is no likelihood of early resumption of such traffic, nor is there any other reasonable route whereby traffic of perishable consignment may be diverted to prevent, loss or deterioration of, or damage to, such consignment, the railway administration may sell them in the manner provided in clause a of subsection 2 of section 83. 2 the railway administration shall, out of the sale proceeds received under subsection 1, retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds, shall be rendered to the person entitled thereto.

section 84. of the railways act : 1 if any person fails to take delivery of a any consignment or b the consignment released from detention made under subsection 1 of section 83 or c any remaining part of the consignment under subsection 2 of section 83, such consignment shall be treated as unclaimed. 2 the railway administration may, a in the case of an unclaimed consignment which is perishable in nature, sell such consignment in the manner provided in clause a of subsection 2 of section 83 or b in the case of an unclaimed consignment which is not perishable in nature, cause a notice to be served upon the consignee if his name and address are known, and upon the consignor if the name and address of the consignee are not known, requiring him to remove the goods within a period of seven days from the receipt thereof and if such notice cannot be served or there is a failure to comply with the requisition in the notice, sell such consignment in the manner provided in clause b of subsection 2 of section 83. 3 the railway administration shall, out of the sale proceeds received under subsection 2, retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus, if any, of such sale proceeds shall be rendered to the person entitled thereto.

section 86. of the railways act : notwithstanding anything contained in this chapter, the right of sale under sections 83 to 85 shall be without prejudice to the right of the railway administration to recover by suit, any freight, charge, amount or other expenses due to it.

section 88. of the railways act : in this chapter, unless the context otherwise requires, a essential commodity means an essential commodity as defined in clause a of section 2 of the essential commodities act, 10 of b notified station means a station declared to be a notified station under section 89 c state government, in relation to a notified station, means the government of the state in which such station is situated, or where such station is situated in a union territory, the administrator of that union territory appointed under article 239 of the constitution.

section 89. of the railways act : 1 the central government may, if it is satisfied that it is necessary that goods entrusted for carriage by train intended solely for the carriage of goods to any railway station should be removed without delay from such railway station, declare, by notification, such railway station to be a notified station for such period as may be specified in the notification: provided that before declaring any railway station to be a notified station under this subsection, the central government shall have regard to all or any of the following factors, namely: a the volume of traffic and the storage space available at such railway station b the nature and quantities of goods generally booked to such railway station c the scope for causing scarcity of such goods by not removing them for long periods from such railway station and the hardship which such scarcity may cause to the community d the number of wagons likely to be held up at such railway station if goods are not removed therefrom quickly and the need for quick movement and availability of such wagons e such other factors being relevant from the point of view of the interest of the general public as may be prescribed: provided further that the period specified in any notification issued under this subsection in respect of any railway station shall not exceed six months in the first instance, but such period may, by notification, be extended from time to time by a period not exceeding six months on each occasion. 2 if any person entrusting any goods to a railway administration to be carried to a notified station makes an application in such form and manner as may be prescribed and specifies therein the address of the person to whom intimation by registered post of the arrival of the goods at the notified station shall be given and pays the postage charges required for giving such intimation, the railway administration shall, as soon as may be after the arrival of the goods at the notified station, send such intimation accordingly. 3 there shall be exhibited at a conspicuous place at each notified station a statement in the prescribed form setting out the description of the goods which by reason of the fact that they have not been removed from the station within a period of seven days from the termination of transit thereof are liable to be sold, in accordance with the provision, of subsection 1 of section 90 by public auction and the dates on which they would be so sold: provided that different statements may be so exhibited in respect of goods proposed to be sold on different dates. 4 if the goods specified in any statement to be exhibited under subsection 3 include essential commodities, the railway servant preparing the statement shall, as soon as may be after the preparation of such statement, forward a copy thereof to a the representative of the central government nominated by that government in this behalf b the representative of the state government nominated by that government in this behalf and c the district magistrate within the local limits of whose jurisdiction the railway station is situated.

section 93. of the railways act : save as otherwise provided in this act, a railway administration shall be responsible for the loss, destruction, damage or deterioration in transit, or nondelivery of any consignment, arising from any cause except the following, namely: a act of god b act of war c act of public enemies d arrest, restraint or seizure under legal process e orders or restrictions imposed by the central government or a state government or by an officer or authority subordinate to the central government or a state government authorised by it in this behalf f act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee g natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods h latent defects i fire, explosion or any unforeseen risk: provided that even where such loss, destruction, damage, deterioration or nondelivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or nondelivery unless the railway administration further proves that it has used reasonable foresight and care in the carriage of the goods.

section 87. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a goods in respect of which no forwarding note shall be executed under proviso to subsection 1 of section 64 b dangerous and offensive goods for the purposes of sub section 1 of section 67 c infectious or contagious diseases for the purposes of section 68 d rates of penalty charges under section 73 e the manner in which the consignment may be delivered without a railway receipt under section 76 f the manner of delivery of consignment or the sale proceeds to the person entitled thereto under section 77 g the conditions subject to which and charges payable for allowing weighment and circumstances for not allowing weighment of consignment in wagonload or trainload under section 79 h the manner of giving open delivery under section 81 i the form of partial delivery certificate under subsection 2 of section 82 j the manner of sale of consignment or part thereof under the proviso to subsection 2 of section 83 k the manner in which a notice under subsection 3 of section 83 may be given l generally, for regulating the carriage of goods by the railways. 3 any rule made under this section may provide that a contravention thereof shall be punishable with fine which may extend to one hundred and fifty rupees. 4 every railway administration shall keep at each station a copy of the rules for the time being in force under this section, and shall allow any person to refer to it free of charge. rules yeardescriptionfiles gsr 942e, manner of giving open delivery and prescription of partial delivery certificate form rules, gsr 901e, disposal of consignment rules, gsr 570 e the railways punitive charges for overloading of wagon rules, gsr 898 e the railways punitive charges for overloading of wagon amendment rules, gsr 550 e the railways punitive charges for overloading of wagon amendment rules, gsr 278 e the railways punitive charges for overloading of wagon amendment rules, gsr e the railways punitive charges for overloading of wagon second amendment rules, gsr 560 e the railways punitive charges for overloading of wagon amendment rules, gsr 566 e the railways punitive charges for overloading of wagon second amendment rules,

section 90. of the railways act : 1 if any goods entrusted for carriage to any notified station by a train intended solely for the carriage of goods are not removed from such station by a person entitled to do so within a period of seven days after the termination of transit thereof at such station, the railway administration may, subject to the provisions of subsection 2, sell such goods by public auction and apart from exhibiting, in accordance with the provisions of subsection 3 of section 89, a statement containing a description of such goods, it shall not be necessary to give any notice of such public auction, but the date on which such auction may be held under this subsection may be notified in one or more local newspapers, or where there are no such newspapers, in such manner as may be prescribed: provided that if at any time before the sale of such goods under this subsection, the person entitled thereto pays the freight and other charges and the expenses due in respect thereof to the railway administration, he shall be allowed to remove such goods. 2 if any goods which may be sold by public auction under subsection 1 at a notified station, being essential commodities, are required by the central government or the state government for its own use or if the central government or such state government considers that it is necessary for securing the availability of all or any such essential commodities at fair prices so to do, it may, by order in writing, direct the railway servant incharge of such auction to transfer such goods to it or to such agency, cooperative society or other person being an agency, cooperative society or other person subject to the control of the government engaged in the business of selling such essential commodities as may be specified in the direction. 3 every direction issued under subsection 2 in respect of any essential commodity shall be binding on the railway servant to whom it is issued and the railway administration and it shall be a sufficient defence against any claim by the person entitled to the goods that such essential commodities have been transferred in compliance with such direction: provided that a such direction shall not be binding on such railway servant or the railway administration i if it has not been received by the railway servant sufficiently in time to enable him to prevent the sale of the essential commodities to which it relates or ii if before the time appointed for such sale, the person entitled to such goods pays the freight and other charges and the expenses due in respect thereof and claims that he be allowed to remove the goods or iii if the price payable for such goods as estimated by the central government or, as the case may be, the state government is not credited to the railway administration in the prescribed manner and the railway administration is not indemnified against any additional amount which it may become liable to pay towards the price by reason of the price not having been computed in accordance with the provisions of subsection 4 b where directions are issued in respect of the same goods both by the central government and the state government, the directions received earlier shall prevail. 4 the price payable for any essential commodity transferred in compliance with a direction issued under subsection 2 shall be the price calculated in accordance with the provisions of subsection 3 of section 3 of the essential commodities act, 10 of . provided that a in the case of any essential commodity being a foodstuff in respect whereof a notification issued under subsection 3a of section 3 of the essential commodities act, 10 of is in force in the locality in which the notified station is situated, the price payable shall be calculated in accordance with the provisions of clauses iii and iv of that subsection b in the case of an essential commodity being any grade or variety of foodgrains, edible oilseeds or edible oils in respect were of no notification issued under subsection 3a of section 3 of the essential commodities act, 10 of , is in force in the locality in which the notified station is situated, the price payable shall be calculated in accordance with the provisions of subsection 3b of that section c in the case of an essential commodity being any kind of sugar in respect whereof no notification issued under subsection 3a of section 3 of the essential commodities act, 10 of , is in force in the locality in which the notified station is situated, the price payable shall, if such sugar has been booked by them producer to himself, be calculated in accordance with the provisions of subsection 3c of that section. explanation. for the purposes of this clause, the expressions producer and sugar shall have the meanings a signed to these expressions in the explanation to subsection 3c of section 3, and clause e of section 2 of the essential commodities act, 10 of , respectively.

section 94. of the railways act : 1 where goods are required to be loaded at a siding not belonging to a railway administration for carriage by railway, the railway administration shall not be responsible for any loss, destruction, damage or deterioration of such goods from whatever cause arising, until the wagon containing the goods has been placed at the specified point of interchange of wagons between the siding and the railway administration and a railway servant authorised in this behalf has been informed in writing accordingly by the owner of the siding. 2 where any consignment is required to be delivered by a railway administration at a siding not belonging to a railway administration, the railway administration shall not be responsible for any loss, destruction, damage or deterioration or nondelivery of such consignment from whatever cause arising after the wagon containing the consignment has been placed at the specified point of interchange of wagons between the railway and the siding and the owner of the siding has been informed in writing accordingly by a railway by a railway servant authorised in this behalf.

section 91. of the railways act : 1 out of the proceeds of any sale of goods under subsection 1 of section 90 or the price payable therefor under subsection 4 of that section, the railway administration may retain a sum equal to the freight and other charges due in respect of such goods and the expenses incurred in respect of the goods and the auction thereof and render the surplus, if any, to the person entitled thereto. 2 notwithstanding anything contained in subsection 1, the railway administration may recover by suit any such freight or charge or expenses referred to therein or balance thereof. 3 any goods sold under subsection 1 of section 90 or transferred in compliance with the directions issued under subsection 2 of that section shall vest in the buyer or the transferee free from all encumbrances but subject to a priority being given for the sum which may be retained by a railway administration under subsection 1, the person in whose favour such encumbrance subsits may have a claim in respect of such encumbrance against the surplus, if any, referred to in that subsection.

section 92. of the railways act : 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the factors to which the central government shall have regard under clause e of the first proviso to subsection 1 of section 89 b the form and manner in which an application may be made under subsection 2 of section 89 c the form in which a statement is required to be exhibited under subsection 3 of section 89 d the manner in which the dates of public auctions may be notified under subsection 1 of section 90 e the manner of crediting to the railway administration the price of goods referred to in subclause iii of clause a of the proviso to subsection 3 of section 90.

section 95. of the railways act : a railway administration shall not be responsible for the loss, destruction, damage or deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage if the railway administration proves that the delay or detention arose for reasons beyond its control or without negligence or misconduct on its part or on the part of any of its servants.

section 102. of the railways act : notwithstanding anything contained in the foregoing provisions of this chapter, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or nondelivery of any consignment, a when such loss, destruction, damage, deterioration or nondelivery is due to the fact that a materially false description of the consignment is given in the statement delivered under subsection 1 of section 66 or b where a fraud has been practised by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee or c where it is proved by the railway administration to have been caused by, or to have arisen from i improper loading or unloading by the consignor or the consignee or the endorsee or by an agent of the consignor, consignee or the endorsee ii riot, civil commotion, strike, lockout, stoppage or restraint of labour from whatever cause arising whether partial or general or d for any indirect or consequential loss or damage or for loss of particular market.

section 96. of the railways act : where in the course of carriage of any consignment from a place in india to a place outside india or from a place outside india to a place in india or from one place outside india to another place outside india or from one place in india to another place in india over any territory outside india, it is carried over the railways of any railway administration in india, the railway administration shall not be responsible under any of the provisions of this chapter for the loss, destruction, damage or deterioration of the goods, from whatever cause arising, unless it is proved by the owner of the goods that such loss, destruction, damage or deterioration arose over the railway of the railway administration.

section 98. of the railways act : 1 notwithstanding anything contained in the foregoing provisions of this chapter, when any goods entrusted to a railway administration for carriage a are in a defective condition as a consequence of which they are liable to damage, deterioration, leakage or wastage or b are either defectively packed or not packed in such manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination: provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved. 2 when any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration, a that the goods were, at the time of entrustment to the railway administration, in a defective condition, or were at that time either defectively packed or not packed in such manner as may be prescribed and as a result of which were liable to damage, deterioration, leakage or wastage and b that such defective condition or defective or improper packing was not brought to the notice of the railway administration or any of its servants at the time of entrustment of the goods to the railway administration for carriage by railway: provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage if negligence or misconduct on the part of the railway administration or of any of its servants is proved.

section 97. of the railways act : notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or nondelivery in transit, of any consignment carried at owners risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or nondelivery was due to negligence or misconduct on its part or on the part of any of its servants: provided that, a where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such nondelivery is not proved by the railway administration to have been due to fire or to any accident to the train or b where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the consignment or the package was dealt with throughout the time it was in its possession or control, but if negligence or misconduct on the part of the railway administration or of any of its servants cannot be fairly inferred from such disclosure, the burden of proving such negligence or misconduct shall lie on the consignor, the consignee or the endorsee.

section 99. of the railways act : 1 a railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the indian contract act, 9 of , for the loss, destruction, damage, deterioration or nondelivery of any consignment up to a period of seven days after the termination of transit: provided that where the consignment is at owners risk rate, the railway administration shall not be responsible as a bailee for such loss, destruction, damage, deterioration or nondelivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. 2 the railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or nondelivery of any consignment arising after the expiry of a period of seven days after the termination of transit. 3 notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or nondelivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit. 4 nothing in the foregoing provisions of this section shall affect the liability of any person to pay any demurrage or wharfage, as the case may be, for so long as the consignment is not unloaded from the railway wagons or removed from the railway premises.

section 100. of the railways act : a railway administration shall not be responsible for the loss, destruction, damage, deterioration or nondelivery of any luggage unless a railway servant has booked the luggage and given a receipt therefor and in the case of luggage which is carried by the passenger in his charge, unless it is also proved that the loss, destruction, damage or deterioration was due to the negligence or misconduct on its part or on the part of any of its servants.

section 101. of the railways act : a railway administration shall not be responsible for any loss or destruction of, or injuries to, any animal carried by railway arising from freight or restiveness of the animal or from overloading of wagons by the consignor.

section 105. of the railways act : where the value has been declared under section 103 in respect of any consignment a railway administration may make it a condition of carrying such consignment that a railway servant authorised by it in this behalf has been satisfied by examination or otherwise that the consignment tendered for carriage contain the articles declared.

section 107., of goods. of the railways act : an application for compensation for loss, destruction, damage, deterioration or nondelivery of goods shall be filed against the railway administration on whom a notice under section 106 has been served.

section 106. of the railways act : 1 a person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or nondelivery of goods carried by railway, unless a notice thereof is served by him or on his behalf, a to the railway administration to which the goods are entrusted for carriage or b to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurs, within a period of six months from the date of entrustment of the goods. 2 any information demanded or enquiry made in writing from, or any complaint made in writing to, any of the railway administrations mentioned in subsection 1 by or on behalf of the person within the said period of six months regarding the nondelivery or delayed delivery of the goods with particulars sufficient to identify the goods shall, for the purpose of this section, be deemed to be a notice of claim for compensation. 3 a person shall not be entitled to a refund of an overcharge in respect of goods carried by railway unless a notice therefor has been served by him or on his behalf to the railway administration to which the overcharge has been paid within six months from the date of such payment or the date of delivery of such goods at the destination station, whichever is later.

section 104. of the railways act : where any goods, which, under ordinary circumstances, would be carried in covered wagon and would be liable to damage, if carried otherwise, are with the consent of the consignor, recorded in the forwarding note, carried in open wagon, the responsibility of railway administration for destruction, damage or deterioration which may arise only by reason of the goods being so carried, shall be onehalf of the amount of liability for such destruction, damage or deterioration determined under this chapter.

section 115. of the railways act : where no inquiry is held by the commissioner under subsection 1 of section 114 or where the commissioner has informed the railway administration under subsection 2 of that section that he is not able to hold an inquiry, the railway administration within whose jurisdiction the accident occurs, shall cause an inquiry to be made in accordance with the prescribed procedure.

section 103. of the railways act : 1 where any consignment is entrusted to a railway administration for carriage by railway and the value of such consignment has not been declared as required under subsection 2 by the consignor, the amount of liability of the railway administration for the loss, destruction, damage, deterioration or nondelivery of the consignment shall in no case exceed such amount calculated with reference to the weight of the consignment as may be prescribed, and where such consignment consists of an animal, the liability shall not exceed such amount as may be prescribed. 2 notwithstanding anything contained in subsection 1, where the consignor declares the value of any consignment at the time of its entrustment to a railway administration for carriage by railway, and pays such percentage charge as may be prescribed on so much of the value of such consignment as is in excess of the liability of the railway administration as calculated or specified, as the case may be, under subsection 1, the liability of the railway administration for the loss, destruction, damage, deterioration or nondelivery of such consignment shall not exceed the value so declared. 3 the central government may, from time to time, by notification, direct that such goods as may be specified in the notification shall not be accepted for carriage by railway unless the value of such goods is declared and percentage charge is paid as required under subsection 2.

section 108. of the railways act : 1 if a railway administration pays compensation for the loss, destruction, damage, deterioration or nondelivery of goods entrusted to it for carriage, to the consignee or the endorsee producing the railway receipt, the railway administration shall be deemed to have discharged its liability and no application before the claims tribunal or any other legal proceeding shall lie against the railway administration on the ground that the consignee or the endorsee was not legally entitled to receive such compensation. 2 nothing in subsection 1 shall affect the right of any person having any interest in the goods to enforce the same against the consignee or the endorsee receiving compensation under that subsection.

section 109. of the railways act : an application before the claims tribunal for compensation for the loss of life or personal injury to a passenger, may be instituted against, a the railway administration from which the passenger obtained his pass or purchased his ticket, or b the railway administration on whose railway the destination station lies or the loss or personal injury occurred.

section 114. of the railways act : 1 on the receipt of a notice under section 113 of the occurrence of an accident to a train carrying passengers resulting in loss of human life or grievous hurt causing total or partial disablement of permanent nature to a passenger or serious damage to railway property, the commissioner shall, as soon as may be, notify the railway administration in whose jurisdiction the accident occurred of his intention to hold an inquiry into the causes that led to the accident and shall at the same time fix and communicate the date, time and place of inquiry: provided that it shall be open to the commissioner to hold an inquiry into any other accident which, in his opinion, requires the holding of such an inquiry. 2 if for any reason, the commissioner is not able to hold an inquiry as soon as may be after the occurrence of the accident, he shall notify the railway administration accordingly.

section 110. of the railways act : in an application before the claims tribunal for compensation for loss, destruction, damage, deterioration or nondelivery of any goods, the burden of proving a the monetary loss actually sustained or b where the value has been declared under subsection 2 of section 103 in respect of any consignment that the value so declared is its true value, shall lie on the person claiming compensation, but subject to the other provisions contained in this act, it shall not be necessary for him to prove how the loss, destruction, damage, deterioration or nondelivery was caused.

section 111. of the railways act : 1 when a railway administration contracts to carry passengers or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea from act of god, public enemies, fire, accidents from machinery, boilers and steam and all and every other dangers and accidents of the seas, rivers and navigation of whatever nature and kind shall, without being expressed, be deemed to be part of the contract, and, subject to that condition, the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury or loss of or damage to goods which may happen during the carriage by sea, to the extent to which it would be responsible under the merchant shipping act, 44 of , if the ships were registered under that act and the railway administration were owner of the ship and not to any greater extent. 2 the burden of proving that any such loss, injury or damage as is mentioned in subsection 1 happened during the carriage by sea shall lie on the railway administration.

section 117. of the railways act : no statement made by a person in the course of giving evidence in an inquiry before the commissioner shall subject him to, or be used against him in, any civil or criminal proceeding, except a prosecution for giving false evidence by such statement: provided that the statement is a made in reply to a question which is required by the commissioner to answer or b relevant to the subjectmatter of the inquiry.

section 112. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of packing of goods entrusted to a railway administration under clause b of subsection 1 of section 98 b the goods for the purposes of subsection 3 of section 99 and c the maximum amount payable by the railway administration for the loss, destruction, damage, deterioration or nondelivery of any consignment under subsection 1 of section 103.

section 113. of the railways act : show related subordinates 1 where, in the course of working a railway, a any accident attended with loss of any human life, or with grievous hurt, as defined in the indian penal code 45 of , or with such serious injury to property as may be prescribed or b any collision between trains of which one is a train carrying passengers or c the derailment of any train carrying passengers, or of any part of such train or d any accident of a description usually attended with loss of human life or with such grievous hurt as aforesaid or with serious injury to property or e any accident of any other description which the central government may notify in this behalf in the official gazette,br occurs, the station master of the station nearest to the place at which the accident occurs or where there is no station master, the railway servant in charge of the section of the railway on which the accident occurs, shall, without delay, give notice of the accident to the district magistrate and superintendent of police, within whose jurisdiction the accident occurs, the officer in charge of the police station within the local limits of which the accident occurs and to such other magistrate or police officer as may be appointed in this behalf by the central government. 2 the railway administration within whose jurisdiction the accident occurs, as also the railway administration to whom the train involved in the accident belongs, shall without delay, give notice of the accident to the state government and the commissioner having jurisdiction over the place of the accident.

section 116. of the railways act : 1 for the purpose of conducting an inquiry under this chapter into the causes of any accident on a railway, the commissioner shall, in addition to the powers specified in section 7, have the powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and production of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e any other matter which may be prescribed. 2 the commissioner while conducting an inquiry under this chapter shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 118. of the railways act : any railway administration or the commissioner conducting an inquiry under this chapter may send notice of the inquiry to such persons, follow such procedure, and prepare the report in such manner as may be prescribed.

section 123. of the railways act : in this chapter, unless the context otherwise requires, a accident means an accident of the nature described in section 124 b dependant means any of the following relatives of a deceased passenger, namely: i the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent ii the parent, minor brother or unmarried sister, widowed sister, widowed daughterinlaw and a minor child of a predeceased son, if dependant wholly or partly on the deceased passenger iii a minor child of a predeceased daughter, if wholly dependant on the deceased passenger iv the paternal grand parent wholly dependant on the deceased passenger 1c untoward incident means 1 i the commission of a terrorist act within the meaning of subsection 1 of section 3 of the terrorist and disruptive activities prevention act, 28 of or ii the making of a violent attack or the commission of robbery or dacoity or iii the indulging in rioting, shootout or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station or 2 the accidental falling of any passenger from a train carrying passengers. 1 ins. by act 28 of , s. 2 w.e.f. .

section 119., to be made if the commission of inquiry is appointed. of the railways act : notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 3 of , to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded with, and all records or other documents relating to such inquiry shall be forwarded to such authority as may be specified by the central government in this behalf.

section 121. of the railways act : every railway administration shall send to the central government, a return of accidents occurring on its railway, whether attended with injury to any person or not, in such form and manner and at such intervals as may be prescribed.

section 120. of the railways act : where any accident of the nature not specified in section 113 occurs in the course of working a railway, the railway administration within whose jurisdiction the accident occurs, may cause such inquiry to be made into the causes of the accident, as may be prescribed.

section 124a. of the railways act : 1124a. compensation on account of untoward incidents. when in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident: provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to a suicide or attempted suicide by him b selfinflicted injury c his own criminal act d any act committed by him in a state of intoxication or insanity e any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. explanation.for the purpose of this section, passenger includes i a railway servant on duty and ii a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident. 1 ins. by act 28 of , s. 3 w.e.f. .

section 126. of the railways act : 1 where a person who has made an application for compensation under section 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section. 2 where, on the receipt of an application made under subsection 1 and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the claims tribunal of the actual amount of compensation payable under section or section 124a pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed. 3 the railway administration shall, as soon as may be, after making an order regarding payment of interim relief under subsection 2, send a copy thereof to the claims tribunal. 4 any sum paid by the railway administration under subsection 2 shall be taken into account by the claims tribunal while determining the amount of compensation payable. 1 ins. by act 28 of , s. 5 w.e.f. .

section 122. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the injury to property which shall be considered serious under clause a of subsection 1 of section 113 b the forms of notice of accidents to be given under section 113 and the particulars of the accident such notices shall contain c the manner of sending the notices of accidents, including the class of accidents to be sent immediately after the accident d the duties of the commissioner, railway administration, railway servants, police officers and magistrates on the occurrence of an accident e the persons to whom notices in respect of any inquiry under this chapter are to be sent, the procedure to be followed in such inquiry and the manner in which a report of such inquiry shall be prepared f the nature of inquiry to be made by a railway administration into the causes of an accident under section 120 g the form and manner of sending a return of accidents by a railway administration under section 121. rules yeardescriptionfiles gsr 5 and 64 railway notices of and inquiries into accidents rules gsr 526 railway notices of and inquiries into accidents rules

section 124. of the railways act : when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident. explanation. for the purposes of this section passenger includes a railway servant on duty.

section 125. of the railways act : 1 an application for compensation under section or section 124a may be made to the claims tribunal a by the person who has sustained the injury or suffered any loss, or b by any agent duly authorised by such person in this behalf, or c where such person is a minor, by his guardian, or d where death has resulted from the accident 2or the untoward incident, by any dependant of the deceased or where such a dependant is a minor, by his guardian. 2 every application by a dependant for compensation under this section shall be for the benefit of every other dependant. 1 ins. by s. 4, ibid. w.e.f. . 2 ins. by act 28 of , s. 3 w.e.f. .

section 128. of the railways act : 1 the right of any person to claim compensation under section or section 124a shall not affect the right of any such person to recover compensation payable under the workmens compensation act, 8 of , or any other law for the time being in force but no person shall be entitled to claim compensation more than once in respect of the same accident. 2 nothing in subsection 1 shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance. 1 ins. by s. 6, ibid. w.e.f. .

section 127. of the railways act : 1 subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the claims tribunal. 2 the compensation payable in respect of any loss of goods shall be such as the claims tribunal may, having regard to the circumstances of the case, determine to be reasonable.

section 134. of the railways act : nothing in this chapter or the rules made thereunder shall, where due provision has been made for the relief of a railway servant, authorise him to leave his duty until he has been relieved.

section 129. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the compensation payable for death b the nature of the injuries for which compensation shall be paid and the amount of such compensation. rules yeardescriptionfiles g.s.r.552e railway accident compensation rules, gsr 592e railway accidents compensation amendment rules g.s.r.620e, railway accidents and untoward incidents compensation amendment rules, gsr 646 e railway passengers manner of investigation of untoward incidents rules . g.s.r.540e, railway passengers manner of investigation of untoward incidents amendment rules, g.s.r e railway accidents and untoward incidents compensation amendment rules, g.s.r. 347e the railway accidents and untoward incidents compensation amendment rules, g.s.r. 346e railway passengers manner of investigation of untoward incidents rules,

section 130. of the railways act : in this chapter, unless the context otherwise requires, a the employment of a railway servant is said to be continuous except when it is excluded or has been declared to be essentially intermittent or intensive b the employment of a railway servant is said to be essentially intermittent when it has been declared to be so by the prescribed authority on the ground that the daily hours of duty of the railway servant normally include periods of inaction aggregating to fifty per cent. or more including at least one such period of not less than one hour or two such periods of not less than half an hour each in a tour of twelve hours duty on the average over seventytwo consecutive hours, during which the railway servant may be on duty, but is not called upon to display either physical activity or sustained attention c the employment of a railway servant is said to be excluded, if he belongs to any one of the following categories, namely: i railway servants employed in a managerial or confidential capacity ii armed guards or other personnel subject to discipline similar to that of any of the armed police forces iii staff of the railway schools imparting technical training or academic education iv such staff as may be specified as supervisory under the rules v such other categories of staff as may be prescribed d the employment of a railway servant is said to be intensive when it has been declared to be so by the prescribed authority on the ground that it is of a strenuous nature involving continued concentration or hard manual labour with little or no period of relaxation.

section 131. of the railways act : nothing in this chapter shall apply to any railway servant to whom the factories act, 63 of or the mines act 35 of or the railway protection force act, 23 of or the merchant shipping act, 44 of , applies.

section 132. of the railways act : 1 a railway servant whose employment is essentially intermittent shall not be employed for more than seventyfive hours in any week. 2 a railway servant whose employment is continuous shall not be employed for more than fiftyfour hours a week on an average in a twoweekly period of fourteen days. 3 a railway servant whose employment is intensive shall not be employed for more than fortyfive hours a week on an average in a twoweekly period of fourteen days. 4 subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of subsection 1 or subsection 2 or subsection 3 may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases of exceptional pressure of work: provided that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the subsections, he shall be paid overtime at not less than two times his ordinary rate of pay for the excess hours of work.

section 133. of the railways act : 1 subject to the provisions of this section, a railway servant a whose employment is intensive or continuous shall, for every week commencing on a sunday, be granted a rest of not less than thirty consecutive hours b whose employment is essentially intermittent shall, for every week commencing on a sunday, be granted a rest of not less than twentyfour consecutive hours including a full night. 2 notwithstanding anything contained in subsection 1, i any locomotive or traffic running staff shall be granted, each month, a rest of at least four periods of not less than thirty consecutive hours each or at least five periods of not less than twentytwo consecutive hours each, including a full night ii the central government may, by rules, specify the railway servants to whom periods of rest on scales less than those laid down under subsection 1 may be granted and the periods thereof. 3 subject to such rules as may be made in this behalf, if the prescribed authority is of the opinion that such circumstances as are referred to in subsection 4 of section 132 are present, it may exempt any railway servant from the provisions of subsection 1 or clause i of subsection 2: provided that a railway servant so exempted shall, in such circumstances as may be prescribed, be granted compensatory periods of rest for the periods he has foregone.

section 136. of the railways act : show related subordinates 1 the central government may, by notification, make rules to carry out the purposes of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the authorities who may declare the employment of any railway servant essentially intermittent or intensive b the appeals against any such declaration and the manner in which, and the conditions subject to which any such appeal may be filed and heard c the categories of staff that may be specified under subclauses iv and v of clause c of section 130 d the authorities by whom exemptions under subsection 4 of section 132 or subsection 3 of section 133 may be made e the delegation of power by the authorities referred to in clause d f the railway servant to whom clause ii of subsection 2 of section 133 apply and the periods of rest to be granted to them g the appointment of supervisors of railway labour and their functions.

section 139. of the railways act : any person failing or refusing to pay the fare and the excess charge referred to in section 138 may be removed by any railway servant authorised in this behalf who may call to his aid any other person to effect such removal: provided that nothing in this section shall be deemed to preclude a person removed from a carriage of a higher class from continuing his journey in a carriage of a class for which he holds a pass or ticket: provided further that a woman or a child if unaccompanied by a male passenger, shall not be so removed except either at the station from where she or he commences her or his journey or at a junction or terminal station or station at the headquarters of a civil district and such removal shall be made only during the day.

section 135. of the railways act : 1 subject to such rules as may be made in this behalf, the central government may appoint supervisors of railway labour. 2 the duties of supervisors of railways labour shall be i to inspect railways in order to determine whether the provisions of this chapter or of the rules made thereunder are duly observed and ii to perform such other functions as may be prescribed. 3 a supervisor of railway labour shall be deemed to be a commissioner for the purposes of sections 7 and 9.

section 138. of the railways act : 1 if any passenger, a being in or having alighted from a train, fails or refuses to present for examination or to deliver up his pass or ticket immediately on a demand being made therefor under section 54, or b travels in a train in contravention of the provisions of section 55, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, the excess charge mentioned in subsection 3 in addition to the ordinary single fare for the distance which he has travelled or, where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or, if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or in the case of their having been examined more than once, were last examined. 2 if any passenger, a travels or attempts to travel in or on a carriage, or by a train, of a higher class than that for which he has obtained a pass or purchased a ticket or b travels in or on a carriage beyond the place authorised by his pass or ticket, he shall be liable to pay, on the demand of any railway servant authorised in this behalf, any difference between the fare paid by him and the fare payable in respect of the journey he has made and the excess charge referred to in subsection 3. 3 the excess charge shall be a sum equal to the amount payable under subsection 1 or subsection 2, as the case may be, or 1two hundred and fifty rupees, whichever is more: provided that if the passenger has with him a certificate granted under subsection 2 of section 55, no excess charge shall be payable. 4 if any passenger liable to pay the excess charge and the fare mentioned in subsection 1, or the excess charge and any difference of fare mentioned in subsection 2, fails or refuses to pay the same on a demand being made therefor under one or other of these subsections, as the case may be, any railway servant authorised by the railway administration in this behalf may apply to any metropolitan magistrate or a judicial magistrate of the first or second class, as the case may be, for the recovery of the sum payable as if it were a fine, and the magistrate if satisfied that the sum is payable shall order it to be so recovered, and may order that the person liable for the payment shall in default of payment suffer imprisonment of either description for a term which may extend to one month but not less than ten days. 5 any sum recovered under subsection 4 shall, as and when it is recovered, be paid to the railway administration. 1 subs. by act 56 of , s. 2, for fifty rupees w.e.f. .

section 137. of the railways act : 1 if any person, with intent to defraud a railway administration, a enters or remains in any carriage on a railway or travels in a train in contravention of section 55, or b uses or attempts to use a single pass or a single ticket which has already been used on a previous journey, or in the case of a return ticket, a half thereof which has already been so used, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. 2 the person referred to in subsection 1 shall also be liable to pay the excess charge mentioned in subsection 3 in addition to the ordinary single fare for the distance which he has travelled, or where there is any doubt as to the station from which he started, the ordinary single fare from the station from which the train originally started, or if the tickets of passengers travelling in the train have been examined since the original starting of the train, the ordinary single fare from the place where the tickets were so examined or, in case of their having been examined more than once, were last examined. 3 the excess charge referred to in subsection 2 shall be a sum equal to the ordinary single fare referred to in that subsection or 1two hundred and fifty rupees, whichever is more. 4 notwithstanding anything contained in section 65 of the indian penal code 45 of , the court convicting an offender may direct that the person in default of payment of any fine inflicted by the court shall suffer imprisonment for a term which may extend to six months. 1 subs. by act 56 of , s. 2, for fifty rupees w.e.f. .

section 140. of the railways act : 1 when a court convicting a person of an offence under section 137 or section 138 finds that he has been habitually committing or attempting to commit that offence and the court is of the opinion that it is necessary or desirable to require that person to execute a bond for good behaviour, such court may, at the time of passing the sentence on the person, order him to execute a bond with or without sureties, for such amount and for such period not exceeding three years as it deems fit. 2 an order under subsection 1 may also be made by an appellate court or by the high court when exercising its powers of revision.

section 142. of the railways act : 1 if any person not being a railway servant or an agent authorised in this behalf a sells or attempts to sell any ticket or any half of a return ticket or b parts or attempts to part with the possession of a ticket against which reservation of a seat or berth has been made or any half of a return ticket or a season ticket, in order to enable any other person to travel therewith, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and shall also forfeit the ticket which he sells or attempts to sell or parts or attempts to part. 2 if any person purchases any ticket referred to in clause a of subsection 1 or obtains the possession of any ticket referred to in clause b of that subsection from any person other than a railway servant or an agent authorised in this behalf, he shall be punishable with imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees and if the purchaser or holder of any ticket aforesaid travels or attempts to travel therewith, he shall forfeit the ticket which he so purchased or obtained and shall be deemed to be travelling without a proper ticket and shall be liable to be dealt with under section 138: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the punishment under subsection 1 or subsection 2 shall not be less than a fine of two hundred and fifty rupees.

section 147. of the railways act : 1 if any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. 2 any person referred to in subsection 1 may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

section 143. of the railways act : 1 if any person, not being a railway servant or an agent authorised in this behalf, a carries on the business of procuring and supplying tickets for travel on a railway or for reserved accommodation for journey in a train or b purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees. 2 whoever abets any offence punishable under this section shall, whether or not such offence is committed, be punishable with the same punishment as is provided for the offence.

section 141. of the railways act : if any passenger or any other person, without reasonable and sufficient cause, makes use of, or interferes with, any means provided by a railway administration in a train for communication between passengers and the railway servant in charge of the train, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a passenger, without reasonable and sufficient cause, makes use of the alarm chain provided by a railway administration, such punishment shall not be less than a a fine of five hundred rupees, in the case of conviction for the first offence and b imprisonment for three months in case of conviction for the second or subsequent offence.

section 144., and begging. of the railways act : 1 if any person canvasses for any custom or hawks or exposes for sale any article whatsoever in any railway carriage or upon any part of a railway, except under and in accordance with the terms and conditions of a licence granted by the railway administration in this behalf, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both: provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of one thousand rupees. 2 if any person begs in any railway carriage or upon a railway station, he shall be liable for punishment as provided under subsection 1. 3 any person referred to in subsection 1 or subsection 2 may be removed from the railway carriage or any part of the railway or railway station, as the case may be, by any railway servant authorised in this behalf or by any other person whom such railway servant may call to his aid.

section 145. of the railways act : if any person in any railway carriage or upon any part of a railway a is in a state of intoxication or b commits any nuisance or act of indecency or uses abusive or obscene language or c wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a a fine of one hundred rupees in the case of conviction for the first offence and b imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence.

section 146. of the railways act : if any person wilfully obstructs or prevents any railway servant in the discharge of his duties, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 150. of the railways act : 1 subject to the provisions of subsection 2, if any person unlawfully, a puts or throws upon or across any railway, any wood, stone or other matter or thing or b takes up, removes, loosens or displaces any rail, sleeper or other matter or things belonging to any railway or c turns, moves, unlocks or diverts any points or other machinery belonging to any railway or d makes or shows, or hides or removes, any signal or light upon or near to any railway or e does or causes to be done or attempts to do any other act or thing in relation to any railway, with intent or with knowledge that he is likely to endanger the safety of any person travelling on or being upon the railway, he shall be punishable with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, where a person is punishable with rigorous imprisonment, such imprisonment shall not be less than a three years, in the case of a conviction for the first offence and b seven years, in the case of conviction for the second or subsequent offence. 2 if any person unlawfully does any act or thing referred to in any of the clauses of subsection 1 a with intent to cause the death of any person and the doing of such act or thing causes the death of any person or b with knowledge that such act or thing is so imminently dangerous that it must in all probability cause the death of any person or such bodily injury to any person as is likely to cause the death of such person, he shall be punishable with death or imprisonment for life.

section 148. of the railways act : if in any application for compensation under section 125, any person makes a statement which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

section 149. of the railways act : if any person requiring compensation from a railway administration for loss, destruction, damage, deterioration or nondelivery of any consignment makes a claim which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

section 151. of the railways act : 1 if any person, with intent to cause, or knowing that he is likely to cause damage or destruction to any property of a railway referred to in subsection 2, causes by fire, explosive substance or otherwise, damage to such property or destruction of such property, he shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both. 2 the properties of a railway referred to in subsection 1 are railway track, bridges, station buildings and installations, carriages or wagons, locomotives, signalling, telecommunications, electric traction and block equipments and such other properties as the central government being of the opinion that damage thereto or destruction thereof is likely to endanger the operation of a railway, may, by notification, specify.

section 152. of the railways act : if any person unlawfully throws or causes to fall or strike at against, into or upon any rolling stock forming part of a train, any wood, stone or other matter or thing with intent, or with knowledge that he is likely to endanger the safety of any person being in or upon such rolling stock or in or upon any other rolling stock forming part of the same train, he shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to ten years.

section 153. of the railways act : if any person by any unlawful act or by any wilful omission or neglect, endangers or causes to be endangered the safety of any person travelling on or being upon any railway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon any railway, he shall be punishable with imprisonment for a term which may extend to five years.

section 158. of the railways act : any person under whose authority any railway servant is employed in contravention of any of the provisions of chapter xiv or of the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees.

section 154. of the railways act : if any person in a rash and negligent manner does any act, or omits to do what he is legally bound to do, and the act or omission is likely to endanger the safety of any person travelling or being upon any railway, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 155. of the railways act : 1 if any passenger. a having entered a compartment wherein no berth or seat has been reserved by a railway administration for his use, or b having unauthorisedly occupied a berth or seat reserved by a railway administration for the use of another passenger, refuses to leave it when required to do so by any railway servant authorised in this behalf, such railway servant may remove him or cause him to be removed, with the aid of any other person, from the compartment, berth or seat, as the case may be, and he shall also be punishable with fine which may extend to five hundred rupees. 2 if any passenger resists the lawful entry of another passenger into a compartment not reserved for the use of the passenger resisting, he shall be punishable with fine which may extend to two hundred rupees.

section 156. of the railways act : if any passenger or any other person, after being warned by a railway servant to desist, persists in travelling on the roof, step or footboard of any carriage or on an engine, or in any other part of a train not intended for the use of passengers, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both and may be removed from the railway by any railway servant.

section 160. of the railways act : 1 if any person, other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to three years. 2 if any person breaks any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which may extend to five years.

section 157. of the railways act : if any passenger wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 159. of the railways act : if any driver or conductor of any vehicle while upon the premises of a railway disobeys the reasonable directions of any railway servant or police officer, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

section 161. of the railways act : if any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. explanation. for the purposes of this section, negligence in relation to any person driving or leading a vehicle in crossing an unmanned level crossing means the crossing of such level crossing by such person a without stopping or caring to stop the vehicle near such level crossing to observe whether any approaching rolling stock is in sight, or b even while an approaching rolling stock is in sight.

section 162. of the railways act : if a male person knowing or having reason to believe that a carriage, compartment, berth or seat in a train or room or other place is reserved by a railway administration for the exclusive use of females, without lawful excuse, a enters such carriage, compartment, room or other place, or having entered such carriage, compartment, room or place, remains therein or b occupies any such berth or seat having been required by any railway servant to vacate it, he shall, in addition to being liable to forfeiture of his pass or ticket, be punishable with fine which may extend to five hundred rupees and may also be removed by any railway servant.

section 169. of the railways act : if a nongovernment railway fails to comply with, any requisition made, decision or direction given, by the central government, under any of the provisions of this act, or otherwise contravenes any of the provisions of this act, it shall be open to the central government, by order, to levy a penalty not exceeding two hundred and fifty rupees and a further penalty not exceeding one hundred and fifty rupees for every day during which the contravention continues: provided that no such penalty shall be levied except after giving a reasonable opportunity to the nongovernment railway to make such representation as it deems fit.

section 163. of the railways act : if any person required to furnish an account of goods under section 66, gives an account which is materially false, he and, if he is not the owner of the goods, the owner also shall, without prejudice to his liability to pay any freight or other charge under any provision of this act, be punishable with fine which may extend to five hundred rupees for every quintal or part thereof of such goods.

section 165. of the railways act : if any person, in contravention of section 67, takes with him any offensive goods or entrusts such goods for carriage to the railway administration, he shall be punishable with fine which may extend to five hundred rupees and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway.

section 166. of the railways act : if any person without lawful authority a pulls down or wilfully damages any board or document set up or posted by the order of a railway administration on a railway or any rolling stock or b obliterates or alters any letters or figures upon any such board or document or upon any rolling stock, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

section 164. of the railways act : if any person, in contravention of section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway.

section 167. of the railways act : 1 no person in any compartment of a train shall, if objected to by any other passenger in that compartment, smoke therein. 2 notwithstanding anything contained in subsection 1, a railway administration may prohibit smoking in any train or part of a train. 3 whosoever contravenes the provisions of subsection 1 or subsection 2 shall be punishable with fine which may extend to one hundred rupees.

section 168. of the railways act : 1 if a person under the age of twelve years is guilty of any of the offences under sections 150 to 154, the court convicting him may require the father or guardian of such person to execute, within such time as the court may fix, a bond for such amount and for such period as the court may direct for the good conduct of such person. 2 the amount of the bond, if forfeited, shall be recoverable by the court as if it were a fine imposed by itself. 3 if a father or guardian fails to execute a bond under subsection 1 within the time fixed by the court, he shall be punishable with fine which may extend to fifty rupees.

section 171. of the railways act : nothing in section 169 or 170 shall preclude the central government from resorting to any other action to compel a nongovernment railway to discharge any obligation imposed upon it by or under this act.

section 170. of the railways act : any penalty imposed by the central government under section 169, shall be recoverable by a suit in the district court having jurisdiction in the place where the head office of the nongovernment railway is situated.

section 174. of the railways act : if any railway servant whether on duty or otherwise or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway, a by squatting or picketing or during any rail roko agitation or bandh or b by keeping without authority any rolling stock on the railway or c by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 172. of the railways act : if any railway servant is in a state of intoxication while on duty, he shall be punishable with fine which may extend to five hundred rupees and when the performance of any duty in such state is likely to endanger the safety of any person travelling on or being upon a railway, such railway servant shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 173., without authority. of the railways act : if any railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, or of any other rolling stock from one station or place to another station or place, and he abandons his duty before reaching such station or place without authority or without properly handing over such train or rolling stock to another authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

section 180b. of the railways act : 1180b. powers of officer authorised to inquire. while making an inquiry, the officer authorised shall have power to, i summon and enforce the attendance of any person and record his statement ii require the discovery and production of any document iii requisition any public record or copy thereof from any office, authority or person iv enter and search any premises or person and seize any property or document which may be relevant to the subjectmatter of the inquiry. 1 ins. by act 51 of , s. 5 w.e.f. .

section 175. of the railways act : if any railway servant, when on duty, endangers the safety of any person a by disobeying any rule made under this act or b by disobeying any instruction, direction or order under this act or the rules made thereunder or c by any rash or negligent act or omission, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

section 180. of the railways act : 1 if any person who commits any offence under this act, other than an offence mentioned in 1subsection 2 of section 179, or is liable to pay any excess charge or other sum demanded under section 138, fails or refuses to give his name and address or there is reason to believe that the name and address given by him are fictitious or that he will abscond, 2the officer authorised may arrest him without warrant or written authority. 2 3the officer authorised may call to his aid any other person to effect the arrest under subsection 1. 3 any person arrested under this section shall be produced before the nearest magistrate within a period of twentyfour hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate unless he is released earlier on giving bail or if his true name and address are ascertained on executing a bond without sureties for his appearance before the magistrate having jurisdiction to try him for the offence. 4 the provisions of chapter xxiii of the code of criminal procedure, 2 of , shall, so far as may be, apply to the giving of bail and the execution of bonds under this section. 1 subs. by s. 4, ibid., for section 179 w.e.f. . 2 subs. by s. 4, ibid., for certain words we.f. . 3 subs. by s. 4, ibid., for the railway servant or the police officer w.e.f. .

section 179. of the railways act : 1179. arrest for offences under certain sections. 1 if any person commits any offence mentioned in sections 150 to 152, he may be arrested without warrant or other written authority by any railway servant or police officer not below the rank of a head constable. 2 if any person commits any offence mentioned in sections 137 to 139, 141 to 147, 153 to 157, 159 to 167 and 172 to 176, he may be arrested, without warrant or other written authority, by the officer authorised by a notified order of the central government. 3 the railway servant or the police officer or the officer authorised, as the case may be, may call to his aid any other person to effect the arrest under subsection 1 or subsection 2, as the case may be. 4 any person so arrested under this section shall be produced before the nearest magistrate within a period of twentyfour hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate. 1 subs. by act 51 of , s. 3, for section 179 w.e.f. .

section 180a. of the railways act : 1180a. inquiry by officer authorised to ascertain commission of offence. for ascertaining facts and circumstances of a case, the officer authorised may make an inquiry into the commission of an offence mentioned in subsection 2 of section 179 and may file a complaint in the competent court if the offence is found to have been committed. 1 ins. by act 51 of , s. 5 w.e.f. .

section 178. of the railways act : if any railway servant who is required by a railway administration to inquire into a claim for loss, destruction, damage, deterioration or nondelivery of any consignment makes a report which is false or which he knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

section 176. of the railways act : if any railway servant unnecessarily a allows any rolling stock to stand across a place where the railway crosses a public road on the level or b keeps a level crossing closed against the public, he shall be punishable with fine which may extend to one hundred rupees.

section 177. of the railways act : if any railway servant required to furnish a return by or under this act, signs and furnishes a return which is false in any material particular or which he knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

section 180c. of the railways act : 1180c. disposal of persons arrested.every person arrested for an offence punishable under subsection 2 of section 179 shall, if the arrest was made by a person other than the officer authorised, be forwarded, without delay, to such officer. 1 ins. by act 51 of , s. 5 w.e.f. .

section 180d. of the railways act : 1180d. inquiry how to be made against arrested person. 1 when any person is arrested by the officer authorised for an offence punishable under this act, such officer shall proceed to inquire into the charge against such person. 2 for this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the code of criminal procedure, 2 of , when investigating a cognizable case: provided that a if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a magistrate having jurisdiction in the case, or forward him in custody to such magistrate b if it appears to the officer authorised that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer authorised may direct, to appear, if and when so required, before the magistrate having jurisdiction. 1 ins. by act 51 of , s. 5 w.e.f. .

section 180f. of the railways act : 1180f. cognizance by court on a complaint made by officer authorised. no court shall take cognizance of an offence mentioned in subsection 2 of section 179 except on a complaint made by the officer authorised. 1 ins. by act 51 of , s. 5 w.e.f. .

section 180e. of the railways act : 1180e. search, seizure and arrest how to be made. all searches, seizures and arrests made under this act shall be carried out in accordance with the provisions of the code of criminal procedure, 2 of , relating respectively to searches and arrests made under that code. 1 ins. by act 51 of , s. 5 w.e.f. .

section 184. of the railways act : 1 notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax in aid of the funds of any local authority unless the central government, by notification, declares the railway administration to be liable to pay the tax specified in such notification. 2 while a notification of the central government under subsection 1 is in force, the railway administration shall be liable to pay to the local authority either the tax specified in the notification or, in lieu thereof, such sum, if any, as an officer appointed in this behalf by the central government may, having regard to all the circumstances of the case, from time to time, determine to be fair and reasonable. 3 the central government may at any time revoke or vary a notification issued under subsection 1. 4 nothing in this section shall be construed to prevent any railway administration from entering into a contract with any local authority for the supply of water or light, or for the scavenging of railway premises, or for any other service which the local authority may be rendering or be prepared to render to the railway administration.

section 181. of the railways act : notwithstanding anything contained in the code of criminal procedure, 2 of , no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence under this act.

section 183. of the railways act : 1 a railway administration may, for the purpose of facilitating the carriage of passengers or goods or to provide integrated service for such carriage, provide any other mode of transport. 2 notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to the carriage of passengers or goods by the mode of transport referred to in subsection 1.

section 180g. of the railways act : 1180g. punishment for certain offences in relation to inquiry. whoever intentionally insults or causes any interruption in the inquiry proceedings or deliberately makes a false statement before the inquiring officer shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1 ins. by act 51 of , s. 5 w.e.f. .

section 182. of the railways act : 1 any person committing an offence under this act or any rule made thereunder shall be triable for such offence in any place in which he may be or which the state government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. 2 every notification under subsection 1 shall be published in the official gazette, and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such railway stations as the state government may direct.

section 188. of the railways act : 1 any railway servant, who is not a public servant within the meaning of section 21 of the indian penal code 45 of , shall be deemed to be a public servant for the purposes of chapter ix and section 409 of that code. 2 in the definition of legal remuneration in section 161 of the indian penal code 45 of , the word government shall, for the purposes of subsection 1, be deemed to include any employer of a railway servant as such.

section 185. of the railways act : 1 notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax to any local authority in respect of any advertisement made on any part of the railway unless the central government, by notification, declares the railway administration to be liable to pay the tax specified in such notification. 2 the central government may at any time revoke or vary a notification issued under subsection 1.

section 187. of the railways act : 1 no rolling stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway administration for the purpose of traffic on its railway, or of its stations or workshops, shall be liable to be taken in execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause property to be taken in execution, without the previous sanction of the central government. 2 nothing in subsection 1 shall be construed to affect the authority of any court to attach the earnings of a railway in execution of a decree or order.

section 192., on railway administration. of the railways act : any notice or other document required or authorised by this act to be served on a railway administration may be served, in the case of a zonal railway, on the general manager or any of the railway servant authorised by the general manager, and in the case of any other railway, on the owner or lessee of the railway or the person working the railway under an agreement a by delivering it to him or b by leaving it at his office or c by registered post to his office address.

section 186. of the railways act : no suit, prosecution or other legal proceeding shall lie against the central government, any railway administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made thereunder.

section 189. of the railways act : a railway servant shall not a purchase or bid for, either in person or by an agent, in his own name or in that of another, or jointly or in shares with others, any property put to auction under section 83 or section 84 or section 85 or section 90 or b in contravention of any direction of the railway administration in this behalf, engage in trade.

section 193., by railway administration. of the railways act : unless otherwise provided in this act or the rules framed thereunder, any notice or other document required or authorised by this act to be served on any person by a railway administration may be served a by delivering it to the person or b by leaving it at the usual or last known place of abode of the person or c by registered post addressed to the person at his usual or last known place of abode.

section 191. of the railways act : entries made in the records or other documents of a railway administration shall be admitted in evidence in all proceedings by or against the railway administration, and all such entries may be proved either by the production of the records or other documents of the railway administration containing such entries or by the production of a copy of the entries certified by the officer having custody of the records or other documents under his signature and stating that it is a true copy of the original entries and that such original entries are contained in the records or other documents of the railway administration in his possession.

section 190. of the railways act : if a railway servant is discharged from service or is suspended, or dies or absconds or absents himself, and he or his wife or widow or any member of his family or his representative, refuses or neglects, after notice in writing for that purpose, to deliver up to the railway administration or to a person appointed by the railway administration, in this behalf, any station, office or other building with its appurtenances, or any books, papers, keys, equipment or other matters, belonging to the railway administration and in the possession or custody of such railway servant at the occurrence of any such event as aforesaid, any metropolitan magistrate or judicial magistrate of the first class may, on application made by or on behalf of the railway administration, order any police officer, with proper assistance, to enter upon the station, office or other building and remove any person found therein and take possession thereof, or to take possession of the books, papers or other matters, and to deliver the same to the railway administration or to a person appointed by the railway administration in that behalf.

section 197. of the railways act : 1 for the purposes of sections 67, 113, 121, 123, 147, 151 to 154, 160, 164, 166, 168, 170, 171, 173 to 176, 179, 180, 182, 184, 185, 187 to 190, 192, 193, 195 and of this section, the word railway whether it occurs alone or as a prefix to another word, has reference to a railway or portion of a railway under construction and to a railway or portion of a railway not used for the public carriage of passengers, animals or goods as well as to a railway falling within the definition of that word in clause 31 of section 2. 2 for the purposes of sections 7, 24, 113, 146, 172 to 176 and 188 to 190, the expression railway servant includes a person employed under a railway in connection with the service thereof by a person fulfilling a contract with the railway administration.

section 194. of the railways act : where a notice or other document is served by post, it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service, it shall be sufficient to prove that the letter containing the notice or other document was property addressed and registered.

section 195. of the railways act : 1 a railway administration may, by order in writing, authorise any railway servant or other person to act for, or represent it, as the case may be, in any proceeding before any civil, criminal or other court.. 2 a person authorised by a railway administration to conduct prosecutions on its behalf shall, notwithstanding anything in section 302 of the code of criminal procedure, 2 of , be entitled to conduct such prosecutions without the permission of the magistrate.

section 200. of the railways act : show related subordinates 1 the indian railways act, 9 of is hereby repealed. 2 notwithstanding the repeal of the indian railways act, 9 of hereinafter referred to as the repealed act a anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued, or any appointment or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given or any proceedings taken or any penalty or fine imposed under the repealed act shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act b any complaint made to the railway rates tribunal under subsection 1 of section 41 of the repealed act but not disposed of before the commencement of this act and any complaint that may be made to the said tribunal against any act or omission of a railway administration under the repealed act shall be heard and decided by the tribunal constituted under this act in accordance with the provisions of chapter vii of this act. 3 the mention of particular matters in subsection 2 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of , with regard to the effect of repeal.

section 196. of the railways act : 1 the central government may, by notification, exempt any railway from all or any of the provisions of this act. 2 every notification issued under subsection 1 shall be laid as soon as may be after it is issued before each house of parliament.

section 199. of the railways act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 198. of the railways act : show related subordinates without prejudice to any power to make rules contained elsewhere in this act, the central government may make rules generally to carry out the purposes of this act.

section 7. of the taxation laws continuation and validation of recovery proceedings act : 1 the central government may 1by notification in the official gazette make rules for carrying out the purposes of this act. 2 every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, that rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. subs. by s. 2 and the schedule, ibid., for certain words w.e.f. .

The Taxation Laws (Continuation and Validation of Recovery Proceedings) Act, 1964

section 1. of the taxation laws continuation and validation of recovery proceedings act : this act may be called the taxation laws continuation and validation of recovery proceedings act, .

section 2. of the taxation laws continuation and validation of recovery proceedings act : in this act, unless the context otherwise requires, a assessee, in relation to i the excess profits tax act, 15 of , or the business profits tax act, 21 of , means a person by whom the tax or any other sum is payable under that act ii the estate duty act, 34 of , means a person accountable or an accountable person as defined in that act iii any other scheduled act, means an assessee as defined in that act b government dues, in relation to any scheduled act, means any tax, duty, penalty, fine, interest, annuity deposit or any other sum payable to the government by an assessee under that act c scheduled act means an act specified in the schedule d taxing authority, in relation to any scheduled act, means an officer by whatever name called empowered to serve upon an assessee a notice of demand in respect of any government dues under that act e tax recovery officer, in relation to any scheduled act, means a tax recovery officer as defined in that act and where there is no such definition, means an officer by whatever name called to whom a certificate for the recovery of arrears of government dues may be issued under that act.

section 6. of the taxation laws continuation and validation of recovery proceedings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty.

section 5. of the taxation laws continuation and validation of recovery proceedings act : the provisions of this act shall apply and shall be deemed always to have applied, in relation to every notice of demand served upon an assessee by any taxing authority under any scheduled act whether such notice was or is served before or after the commencement of this act.

section 3. of the taxation laws continuation and validation of recovery proceedings act : 1 where any notice of demand in respect of any government dues is served upon an assessee by a taxing authority under any scheduled act, and any appeal or other proceeding is filed or taken in respect of such government dues, then, a where such government dues are enhanced in such appeal or proceeding, the taxing authority shall serve upon the assessee another notice of demand only in respect of the amount by which such government dues are enhanced and any proceedings in relation to such government dues as are covered by the notice or notices of demand served upon him before the disposal of such appeal or proceeding may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal b where such government dues are reduced in such appeal or proceeding, i it shall not be necessary for the taxing authority to serve upon the assessee a fresh notice of demand ii the taxing authority shall give intimation of the fact of such reduction to the assessee, and where a certificate has been issued to the tax recovery officer for the recovery of such amount, also to that officer iii any proceedings initiated on the basis of the notice or notices of demand served upon the assessee before the disposal of such appeal or proceeding may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal c no proceedings in relation to such government dues including the imposition of penalty or charging of interest shall be invalid by reason only that no fresh notice of demand was served upon the assessee after the disposal of such appeal or proceeding or that such government dues have been enhanced or reduced in such appeal or proceeding: provided that if as a result of any final order such government dues other than annuity deposit have been reduced and the penalty imposed on the assessee for default in payment thereof exceeds the amount so reduced, the excess shall not be recovered, and if it has already been recovered, it shall be refunded to the assessee on an application made by him to the taxing authority wihin such time and in such manner as may be prescribed by rules made under this act: provided further that if the amount of penalty imposed on the assessee for failure to make any annuity deposit exceeds onehalf of the amount of the annuity deposit required to be made as a result of such order, the excess shall not be recovered and if it has already been recovered, shall be refunded to the assessee on an application made by him to the taxing authority within such time and in such manner as may be prescribed by rules made under this act: provided further that where any government dues are reduced in such appeal or proceeding and the assessee is entitled to any refund thereof, such refund shall be made in accordance with the provisions of that act. 2 for the removal of doubts, it is hereby declared that no fresh notice of demand shall be necessary in any case where the amount of government dues is not varied as a result of any order passed in any appeal or other proceeding under any scheduled act. 3 the provisions of this section shall have effect notwithstanding any judgment, decree or order of any court, tribunal or other authority.

section 4. of the taxation laws continuation and validation of recovery proceedings act : the central government may, by notification in the official gazette, add the name of any central act providing for the imposition or levy of any tax or duty in the schedule and on the issue of any such notification, the act so added shall be deemed to be an act specified in the schedule within the meaning of clause c of section 2.

section 8. of the central boards of revenueact : show related subordinates 1 the central board of revenue act, 4 of , of is hereby repealed. 2 nothing contained in subsection 1 shall affect any appointment, assessment, order including quasijudicial order or rule made, or exemption, approval or recognition granted, or any notice, notification, direction or instruction issued, or any duty levied, or penalty or fine imposed, or confiscation adjudged, or any form prescribed, or any other thing done or action taken by the central board of revenue under any law and any such appointment, assessment, order, rule, exemption, approval, recognition, notice, notification, direction, instruction, duty, penalty, fine, confiscation, form, thing or action shall be deemed to have been made, granted, issued, levied, imposed, adjudged, prescribed, done or taken by the central board of direct taxes, or as the case may be, by 1the central board of indirect taxes and customs and shall continue to be in force unless and until it is revised, withdrawn or superseded by the concerned board. 1. subs. by act 13 of , s. 160, for the central board of excise and customs w.e.f .

section 1. of the central boards of revenueact : show related subordinates 1 this act may be called the central boards of revenue act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st january, , vide notification no. s.o. , dated 30th december , see gazette of india, extraordinary part ii, sec. 3 ii.

section 3. of the central boards of revenueact : show related subordinates 3. constitution of separate central boards for direct taxes and for 1indirect taxes and customs.1 the central government shall, in place of the central board of revenue, constitute two separate boards of revenue to be called the central board of direct taxes and 2the central board of indirect taxes and customs, and each such board shall, subject to the control of the central government, exercise such powers and perform such duties, as may be entrusted to that board by the central government or by or under any law. 2 each board shall consist of such number of persons 3not exceeding seven as the central government may think fit to appoint. 1. subs. by act 13 of , s. 160, for excise and customs w.e.f . 2. subs. by s. 160, ibid., for the central board of excise and customs w.e.f . 3. subs. by act 25 of , s. 27 for and not exceeding five w.e.f. . rules yeardescriptionfiles recruitment rules for the posts of chairman and members of central board of direct taxes and central board of excise and customs

section 2. of the central boards of revenueact : show related subordinates in this act, unless the context otherwise requires, a board means the central board of direct taxes or 1the central board of indirect taxes and customs constituted under section 3 b central board of revenue means the central board of revenue constituted under the central board of revenue act, 4 of . c direct tax means 1 any duty leviable or tax chargeable under i the estate duty act, 34 of ii the wealthtax act, 27 of iii the expendituretax act, 29 of iv the gifttax act, 18 of v the incometax act, 43 of vi the super profits tax act, 14 of 2 3vii the interesttax act, 45 of 4 5viii the hotelreceipts tax act, 54 of 6 7ix the expendituretax act, 35 of 8 9x the black money undisclosed foreign income and assets and imposition of tax act, 22 of and 2 any other duty or tax which, having regard to its nature or incidence, may be declared by the central government, by notification in the official gazette, to be a direct tax. 1. subs. by act 13 of , s.160, for the central board of excise and customs w.e.f . 2. the word and omitted by act 45 of , s. 30 w.e.f. . 3. ins. by s. 30, ibid. w.e.f. . 4. the word and omitted by act 54 of , s. 37 w.e.f. . 5. ins. by s. 37, ibid. w.e.f. . 6. the word and omitted by act 35 of , s. 33 w.e.f. . 7. ins. by s. 33, ibid. w.e.f. . 8. the word and omitted by act 22 of , s. 87 w.e.f. . 9. ins. by s. 87, ibid. w.e.f. .

section 7. of the central boards of revenueact : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the purposes of this act, as appear to it to be necessary or expedient for removing the difficulty. 2 an order under subsection 1 may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this act.

section 4. of the central boards of revenueact : show related subordinates 1 the central government may make rules for the purpose of regulating the transaction of business by each board and every order made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the board. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the central boards of revenueact : show related subordinates 1 every proceeding pending at the commencement of this act, before the central board of revenue shall a if it is a proceeding relating to direct taxes, stand transferred to the central board of direct taxes and b in any other case stand transferred to the 1the central board of indirect taxes and customs. 2 if any question arises as to whether any proceeding stands transferred to the central board of direct taxes or to 1the central board of indirect taxes and customs, it shall be referred to the central government whose decision thereon shall be final. 3 in any legal proceeding pending at the commencement of this act to which the central board of revenue is a party, a if it is a proceeding relating to direct taxes, the central board of direct taxes shall be deemed to be substituted for the central board of revenue in such proceeding and b if it is a proceeding relating to any other matter, 2the central board of indirect taxes and customs shall be deemed to be substituted for the central board of revenue in such proceeding. 1. subs. by s. 160, ibid., for the central board of excise and customs w.e.f . 2. subs. by act 13 of , s. 160, for the central board of excise and customs w.e.f .

section 5. of the central boards of revenueact : show related subordinates 1 in the estate duty act, 34 of , the wealthtax act, 27 of , the expendituretax act, 29 of , the gifttax act, 18 of , the incometax act, 43 of , and the super profits tax act, 14 of for the words and figures central board of revenue constituted under the central board of revenue act, 4 of or central board of revenue, wherever they occur, the words and figures central board of direct taxes constituted under the central boards of revenue act, shall be substituted. 2 in the central excises and salt act, 1 of , and the customs act, 52 of , for the words and figures central board of revenue constituted under the central board of revenue act, 4 of or central board of revenue wherever they occur, the words and figures 1the central board of indirect taxes and customs constituted under the central boards of revenue act, shall be substituted. 3 the functions entrusted to the central board of revenue by or under any other enactment shall, a if such functions relate to matters connected with direct taxes, be discharged by the central board of direct taxes and b if such functions relate to any other matter, unless they are entrusted by the central government to the central board of direct taxes, be discharged by the 1the central board of indirect taxes and customs. 1. subs. by s. 160, ibid., for the central board of excise and customs w.e.f .

section 4., to the board. of the dock workers regulation of employment inapplicability to major ports act : 1 on the appointed day in relation to a major port, a all property, assets and funds vested in the dock labour board immediately before such day, shall vest in the board b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the dock labour board immediately before such day, for or in connection with the purposes of the dock labour board, shall be deemed to have been incurred, entered into and engaged to be done by, with or for the board c all sums of money due to the dock labour board immediately before such day shall be deemed to be due to the board d all suits and other legal proceedings instituted by or against the dock labour board immediately before such day for any matter in relation to the dock labour board may be continued by or against the board. e every employee and worker serving under the dock labour board shall hold office or service under the board on the terms and conditions which are not in any way less favourable than those which would have been admissible to him if there had not been transfer of his services to the board and shall continue to do so unless and until his employment in the board is duly terminated or until his tenure, remuneration or terms and conditions of service are duly altered by the board. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any employee under this section to the board shall not entitle such employee to any compensation under that act or any other law, and no such claim shall be entertained by any court, tribunal or other authority.

The Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997

section 3. of the dock workers regulation of employment inapplicability to major ports act : the central government may, after settlement is arrived at between the dock labour board of any major port, its workmen and the management of that major port in accordance with the provisions of the industrial disputes act, 14 of , direct, by notification in the official gazette that the provisions of the dock workers regulation of employment act, 9 of , shall cease to have effect in relation to that major port with effect from the date specified in that notification.

section 2. of the dock workers regulation of employment inapplicability to major ports act : in this act, unless the context otherwise requires, a appointed day, in relation to a major port, means the date specified under section 3 for that major port b board has the same meaning as in the major port trusts act, 38 of c dock labour board means a dock labour board established under section 5a of the dock workers regulation of employment act, 9 of d major port has the same meaning as in the indian ports act, 15 of .

section 1. of the dock workers regulation of employment inapplicability to major ports act : 1 this act may be called the dock workers regulation of employment inapplicability to major ports act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 5th january, , vide notification no. s.o. 22e, dated 5th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the dakshina bharat hindi prachar sabha act : 1 the central government may constitute, after consultation with the sabha, one or more committees consisting of such number of persons as it thinks fit to appoint thereto for all or any of the following purposes, namely: a reviewing the work done by the sabha during any specified period and the progress made by it and b evaluating the work done by the sabha. 2 the sabha shall afford all necessary facilities to any committee constituted under subsection 1 for the purpose of enabling it to carry out its duties. 3 the report of any committee constituted under subsection 1 shall be submitted to the central government within such time and in such manner as that government may direct. 4 the sabha shall be entitled to appoint a representative who shall have the right to be present and to be heard at such review or evaluation. 5 the central government may address the president of the sabha with reference to the result of such review or evaluation as disclosed in the report of any committee constituted under subsection 1, and the president of the sabha shall communicate to the central government the action, if any, taken thereon. 6 when the central government has, in pursuance of subsection 5, addressed the president of the sabha in connection with any matter and the president of the sabha does not within a reasonable time take action to the satisfaction of the central government in respect thereof, the central government may, after allowing the sabha an opportunity of furnishing explanations or making representations, issue such directions as that government considers necessary in respect of any of the matters dealt with in the report and the sabha shall notwithstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the sabha, comply with such directions. 7 the members of any committee constituted under subsection 1 shall be paid such allowances as the central government may, by order, fix and such allowances together with the expenses incurred, with the previous approval of the central government, by any such committee in the performance of its functions including any salary, remunerations or allowances, if any, payable to any person employed by any such committee, shall, notwithstanding anything contained in any law for the time being in force or in the memorandum or rules and regulations of the sabha, be paid out of the funds of the sabha.

section 1. of the dakshina bharat hindi prachar sabha act : 1 this act may be called the dakshina bharat hindi prachar sabha act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st june, , vide notification no. s.o. , dated 30th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the dakshina bharat hindi prachar sabha act : in this act, unless the context otherwise requires, a memorandum means the memorandum of association of the sabha filed with the registrar of joint stock companies, madras, under the societies registration act, 21 of b rules and regulations includes any rule or regulation, by whatever name called, which the sabha is competent to make in the exercise of the powers conferred on it under the societies registration act, , but shall not include any byelaws or standing orders made under the rules and regulations for the conduct of its work c sabha means the dakshina bharat hindi prachar sabha registered under the societies registration act, .

section 6. of the dakshina bharat hindi prachar sabha act : notwithstanding anything contained in the societies registration act, 21 of , or in the memorandum or rules and regulations, the sabha shall not, except with the previous approval of the central government, a alter, extend or abridge any of the purposes for which it has been established or for which it is being used immediately before the commencement of this act, or amalgamate itself, either wholly or partially, with any other institution or society or b alter or amend in any manner the memorandum or rules and regulations or c be dissolved.

section 4. of the dakshina bharat hindi prachar sabha act : notwithstanding anything contained in the university grants commission act, 3 of , or in any other law for the time being in force, the sabha may hold such examinations and grant such degrees, diplomas and certificates for proficiency in the hindi or in the teaching of hindi as may be determined by the sabha from time to time.

section 3. of the dakshina bharat hindi prachar sabha act : whereas the objects of the institution known as the dakshina bharat hindi prachar sabha are such as to make it an institution of national importance, it is hereby declared that the dakshina bharat hindi prachar sabha is an institution of national importance.

section 5. of the dakshina bharat hindi prachar sabha act : 1 the sabha shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as may be prescribed by the central government. 2 the accounts of the sabha shall, once at least in every year, be audited by a chartered accountant in practice within the meaning of the chartered accountants act, 38 of , to be appointed annually by the sabha: provided that no member of the sabha who is a chartered accountant or a person who is in partnership with such member, shall be eligible for appointment as an auditor under this section. 3 every auditor shall, in the performance of his duties, have at all reasonable times access to the registers, books of account, records and other documents of the sabha or of any committee, council, board or branch of the sabha. 4 as soon as may be practicable at the end of each year, the auditors shall submit their report to the sabha and shall also forward a copy thereof to the central government for its information.

section 5c. of the presidential and vicepresidential elections act : 15c. deposit. 1 a candidate shall not be deemed to be duly nominated for election unless he deposits or causes to be deposited a sum of 2fifteen thousand rupees: provided that where a candiate has been nominated by more than one nomination paper for the same election, not more than one deposit shall be required or him under this subsection. 2 the sum required to be deposited under subsection 1 shall not be deemed to have been deposited under that subsection unless at the time of presentation of the nomination paper under subsection 1 of section 5b, the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the reserve bank of india or in a government treasury. 1. subs. by s. 4, ibid., for section 5 w.e.f. . 2. subs. by s. 3, ibid., for two thousand five hundred rupees w.e.f. .

section 1. of the presidential and vicepresidential elections act : this act may be called the presidential and vicepresidential elections act, .

section 5b. of the presidential and vicepresidential elections act : show related subordinates 15b. presentation of nomination papers and requirements for a valid nomination. 1 on or before the date appointed under clause a of subsection 1 of section 4, each candidate shall, either in person or by any of his proposers or seconders, between the hours of eleven oclock in the forenoon and three oclock in the afternoon, deliver to the returning officer at the place specified in this behalf in the public notice issued under section 5 a nomination paper completed in the prescribed form and subscribed by the candidate as assenting to the nomination, and a in the case of presidential election, also by at least 2fifty electors as proposers and at least 2fifty electors as seconders b in the case of vicepresidential election, also by at least 3twenty electors as proposers and at least 3twenty electors as seconders: provided that no nomination paper shall be presented to the returning officer on a day which is a public holiday. 2 each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the parliamentary constituency in which the candidate is registered as an elector. 3 the returning officer shall not accept any nomination paper which is presented on any day before eleven oclock in the forenoon and after three oclock in the afternoon. 4 any nomination paper which is not received before three oclock in the afternoon on the last date appointed under clause a of subsection 1 of section 4 or to which the certified copy referred to in subsection 2 of this section is not attached shall be rejected and a brief note relating to such rejection shall be recorded on the nomination paper itself. 5 no elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and, if he does, his signature shall be inoperative on any paper other than the one first delivered. 6 nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for the same election: provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer. 1. subs. by s. 4, ibid., for section 5 w.e.f. . 2. subs. by act 35 of , s. 2, for ten electors w.e.f. . 3. subs. by act 35 of , s. 2, for five electors w.e.f.

section 2. of the presidential and vicepresidential elections act : in this act, unless the contest otherwise requires, a article means an article of the constitution b election means a presidential election or vicepresidential election c election commission means the election commission appointed by the president under article 324 d elector, in relation to a presidential election, means a member of the electoral college referred to in article 54, and in relation to a vicepresidential election, means 1a member of the electoral college referred to in article 66 e prescribed means prescribed by rules made under this act f presidential election means an election to fill the office of the president of india 2ff public holiday means any day which is a public holiday for the purposes of section 25 of the negotiable instruments act, 26 of g returning officer includes an assistant returning officer performing any function which he is 3competent to perform under subsection 2 of section 3 h vicepresidential election means an election to fill the office of the vicepresident of india. 1. subs. by act 5 of , s. 2, for a member of either house of parliament w.e.f. . 2. ins. by s. 2,ibid. w.e.f. . 3. subs. by s. 2, ibid., for authorised w.e.f. .

section 5d. of the presidential and vicepresidential elections act : 15d. notice of nominations and the time and place for their scrutiny. on the presentation of a nomination paper, the returning officer shall a sign thereon a certificate stating the date and time of presentation of the nomination paper and enter thereon its serial number b inform the person or persons presenting the nomination paper of the date, time and place fixed for the scrutiny of nominations and c cause to be affixed in some conspicuous place in his office a copy of the nomination paper as certified and numbered under clause a. 1. subs. by s. 4, ibid., for section 5 w.e.f. .

section 3. of the presidential and vicepresidential elections act : 1 for the purposes of each election the election commission shall, in consultation with the central government, appoint a returning officer who shall have his office in new delhi and may also appoint one or more assistant returning officers. 2 subject to rules made under this act, every assistant returning officer shall be competent to perform all or any of the functions of the returning officer.

section 4. of the presidential and vicepresidential elections act : show related subordinates 11 the election commission shall, by notification in the official gazette, appoint for every election a the last date for making nominations, which shall be the fourteenth day after the date of publication of the notification under this subsection, or, if that day is a public holiday, the next succeeding day which is not a public holiday b the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday c the last date for the withdrawal of candidatures, which shall be the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday d the date on which a poll shall, if necessary, be taken, which shall be a date not earlier than the fifteenth day after the last date for the withdrawal of the candidatures. 2 in the case of the first presidential and vicepresidential elections, the notifications under subsection 1 shall be issued as soon as may be after both houses of parliament have been constituted. 3 in the case of an election to fill a vacancy caused by the expiration of the term of office of the president or vicepresident, the notification under subsection 1 shall be issued on, or as soon as conveniently may be after, the sixtieth day before the expiration of the term of office of the outgoing president or vicepresident, as the case may be, and the dates shall be so appointed under the said subsection that the election will be completed at such time as will enable the president or the vicepresident thereby elected to enter upon his office on the day following the expiration of the term of office of the outgoing president or vicepresident, as the case may be. 4 in the case of an election to fill a vacancy in the office of president or vicepresident occurring by reason of his death, resignation or removal or otherwise, the notification under subsection 1 shall be issued as soon as may be after the occurrence of such vacancy 1.subs. by act 5 of , s. 3, for subsection 1 w.e.f. ..

section 5a. of the presidential and vicepresidential elections act : 15a. nomination of candidates. any person may be nominated as a candidate for election to the office of president or vicepresident if he is qualified to be elected to that office under the constitution. 1. subs. by s. 4, ibid., for section 5 w.e.f. .

section 5e. of the presidential and vicepresidential elections act : show related subordinates 15e. scrutiny of nominations. 1 on the date fixed for the scrutiny of nominations under subsection 1 of section 4, the candidates, one proposer or one seconder of each candidate and one other person duly authorised in writing by each candidate, but no other person, shall be entitled to be present at the time of scrutiny of nominations and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have not been rejected under subsection 4 of section 5b. 2 for the removal of doubts, it is hereby declared that it shall not be necessary to scrutinise on the date fixed for the scrutiny of nominations the nomination papers already rejected under subsection 4 of section 5b. 3 the returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination paper and may either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on any of the following grounds: a that, on the date fixed for the scrutiny of nominations, the candidate is not eligible for election as president or vicepresident, as the case may be, under the constitution or b that any of the proposers or seconders is not qualified to subscribe a nomination paper under subsection 1 of section 5b or c that the nomination paper is not subscribed by the required number of proposers or seconders or d that the signature of the candidate or any of the proposers or seconders is not genuine or has been obtained by fraud or e that there has been a failure to comply with any of the provisions of section 5b or section 5c. 4 nothing contained in clauses b to e of subsection 3 shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. 5 the returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character. 6 the returning officer shall hold the scrutiny on the date appointed in this behalf under clause b of subsection 1 of section 4 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: provided that in case an objection is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. 7 the returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. 8 for the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 43 of . 1. subs. by s. 4, ibid., for section 5 w.e.f. .

section 5. of the presidential and vicepresidential elections act : show related subordinates 15. public notice of election. on the issue of a notification under subsection 1 of section 4, the returning officer for the election shall give public notice of the intended election in such form and in such manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. 1. subs. by s. 4, ibid., for section 5 w.e.f. .

section 9. of the presidential and vicepresidential elections act : at every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall he received by proxy.

section 10. of the presidential and vicepresidential elections act : at every election where a poll is taken, votes shall be counted by, or under the supervision of, the returning officer, and each candidate and one representative of each candidate authorised in writing by the candidate, shall have a right to be present at the time of counting.

section 6. of the presidential and vicepresidential elections act : show related subordinates 1 any candidate may withdraw his candidature by a notice in writing in the prescribed form subscribed by him and delivered before three oclock in the afternoon on the date fixed under clause c of sub section 1 of section 4, to the returning officer either by such candidate in person or 1by any one of his proposers or seconders who has been authorised in this behalf in writing by such candidate. 2 no person who has given notice of withdrawal of his candidature under subsection 1 shall be allowed to cancel the notice. 23 the returning officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under subsection 1, cause the notice to be affixed in some conspicuous place in his office. 1. subs. by act 5 of , s. 5, for by his proposer or seconder. 2. subs. by s. 5, ibid., for subsection 3.

section 12. of the presidential and vicepresidential elections act : show related subordinates as soon as may be after the result of an election has been declared, the returning officer shall report the result to the central government and the election commission, and the central government shall cause to be published in the official gazette the declaration containing the name of the person elected to the office of president or vicepresident, as the case may be.

section 7. of the presidential and vicepresidential elections act : if a candidate, whose nomination has been made and is found to be in order on scrutiny, dies after the time fixed for nomination and a report of his death is received by the returning officer before the commencement of the poll, the returning officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the election commission, and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election: provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: provided further that no person who has under subsection 1 of section 6 given a notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.

section 8. of the presidential and vicepresidential elections act : show related subordinates if after the expiry of the period within which candidatures may be withdrawn under subsection 1 of section 6 a there is only one candidate who has been validly nominated and has not withdrawn his candidature in the manner and within the time specified in that subsection, the returning officer shall forthwith declare such candidate to be duly elected to the office of president or vicepresident, as the case may be. b the number of candidates who have been duly nominated but have not so withdrawn their candidatures exceeds one, the returning officer shall forthwith publish in such form and manner as may be prescribed a list containing the names in alphabetical order and addresses of candidates as given in the nomination papers, together with such other particulars as may be prescribed, and a poll shall be taken. c there is no candidate who has been duly nominated and has not so withdrawn his candidature, the returning officer shall report the fact to the election commission and thereafter all the proceedings in relation to the election shall be commenced afresh and for that purpose the election commission shall cancel the notification issued under subsection 1 of section 4 in respect of such election and issue another notification under that subsection appointing the dates referred to in that subsection for the purposes of such fresh election.

section 14. of the presidential and vicepresidential elections act : 114. authority to try election petitions. 1 no election shall be called in question except by presenting an election petition to the authority specified in subsection 2. 2 the authority having jurisdiction to try an election petition shall be the supreme court. 3 every election petition shall be presented to such authority in accordance with the provisions of this part and of the rules made by the supreme court under article 145. 1. subs. by act 20 of , s. 2, for part iii.

section 11. of the presidential and vicepresidential elections act : when the counting of the votes has been completed, the returning officer shall forthwith declare the result of the election in the manner provided by this act or the rules made thereunder.

section 17. of the presidential and vicepresidential elections act : 117. orders of the supreme court. 1 at the conclusion of the trial of the election petition, the supreme court shall make an order a dismissing the election petition or b declaring the election of the returned candidate to be void or c declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected. 2 at the time of making an order under subsection 1, the supreme court shall also make an order fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid. 1. subs. by act 20 of , s. 2, for part iii.

section 13. of the presidential and vicepresidential elections act : 113. definitions. in this part, unless the context otherwise requires, a candidate means a person who has been or claims to have been duly nominated as a candidate at an election b costs means all costs, charges and expenses of, or incidental to, a trial of an election petition c returned candidate means a candidate whose name has been published under section 12 as duly elected. 1. subs. by act 20 of , s. 2, for part iii.

section 14a. of the presidential and vicepresidential elections act : 114a. presentation of petition0. 1 an election petition calling in question an election may be presented on one or more of the grounds specified in subsection 1 of section 18 and section 19, to the supreme court by any candidate at such election or i in the case of presidential election, by twenty or more electors joined together as petitioners ii in the case of vicepresidential election, by ten or more electors joined together as petitioners. 2 any such petition may be presented at any time after the date of publication of the declaration containing the name of the return candidate at the election under section 12, but not later than thirty days from the date of such publication. 1. subs. by act 20 of , s. 2, for part iii.

section 18. of the presidential and vicepresidential elections act : 118. grounds for declaring the election of a returned candidate to be void. 1 if the supreme court is of opinion, a that the offence of bribery or undue influence at the election has been committed by the returned candidate or by any person with the consent of the returned candidate or b that the result of the election has been materially affected i by the improper reception or refusal of a vote under this act or ii by any noncompliance with the provisions of the constitution or of this act or of any rules or orders made iii by reason of the fact that the nomination of any candidate other than the successful candidate, who has not withdrawn his candidature, has been wrongly accepted or c that the nomination of any candidate has been wrongly rejected or the nomination of the successful candidate has been wrongly accepted the supreme court shall declare the election of the returned candidate to be void. 2 for the purposes of this section, the offences of bribery and undue influence at an election have the same meaning as in chapter ixa of the indian penal code 45 of . 1. subs. by act 20 of , s. 2, for part iii.

section 15., and procedure. of the presidential and vicepresidential elections act : 115. form of petitions, etc., and procedure. subject to the provisions of this part, rules made whether before or after the commencement of the presidential and vicepresidential elections amendment act, 20 of by the supreme court under article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs. 1. subs. by act 20 of , s. 2, for part iii.

section 20a. of the presidential and vicepresidential elections act : 120a. return or forfeiture of candidates deposit. 1 the deposit made under section 5c shall either be returned to the person making it or his legal representative or be forfeited to the central government in accordance with the provisions of this section. 2 except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. 3 if the candidate is not shown in the list referred to in clause b of section 8, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. 4 subject to the provisions of subsection 3, the deposit shall be forfeited if at the election where the poll has been taken, the candidate is not elected, and the number of valid votes polled by such candidate does not exceed onesixth of the number of votes necessary to secure the return of a candidate at such election. 1. ins. by act 5 of , s. 8 w.e.f. .

section 16. of the presidential and vicepresidential elections act : 116. relief that may be claimed by the petitioner. a petitioner may claim either of the following declarations: a that the election of the returned candidate is void b that the election of the returned candidate is void and that he himself or any other candidate has been duly elected. 1. subs. by act 20 of , s. 2, for part iii.

section 19. of the presidential and vicepresidential elections act : 119. grounds for which a candidate other than the returned candidate may he declared to have been elected. if any person who has lodged an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the supreme court is of opinion that in fact the petitioner or such other candidate received a majority of the valid votes, the supreme court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected: provided that the petitioner or such other candidate shall not be declared to be duly elected if it is proved that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election. 1. subs. by act 20 of , s. 2, for part iii.

section 20.transmission of orders to the central government and its publication of the presidential and vicepresidential elections act : 120. transmission of orders to the central government and its publication.the supreme court shall, after announcing the orders made under section 17, send a copy thereof to the central government, and on receipt of such copy the central government shall forthwith cause the order to be published in the official gazette. 1. subs. by act 20 of , s. 2, for part iii.

section 23. jurisdiction of civil courts barred of the presidential and vicepresidential elections act : save as provided in part iii, no civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this act in connection with an election.

section 21. of the presidential and vicepresidential elections act : show related subordinates 1 the central government may, after consulting the election commission, by notification in the official gazette, make rulesfor carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the maintenance of a list of members of the electoral college referred to in article 54 with their addresses corrected up to date for the purposes of presidential elections b the maintenance of a list of 1members of the electoral college referred to in article 66 with their addresses corrected up to date for the purposes of vicepresidential elections c the powers and duties of a returning officer and the performance by any officer appointed to assist the returning officer of any function of the returning officer 2cc the form and manner in which public notice under section 5 shall be given by the returning officer. d the form and manner in which nominations may be made and the procedure to be followed in respect of the presentation of nomination papers e the scrutiny of nominations and, in particular, the manner in which such scrutiny shall be conducted and the conditions and circumstances under which any person may be present or may enter objections thereat f the publication of a list of valid nominations 3g the place and hours of polling, the manner in with votes are to be given both generally and in the case of illiterate voters or voters not conversant with the language in which ballot papers are printed or voter under physical or other disability and the procedure as to voting to be followed at elections h the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election i the safe custody of ballot boxes, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers j any other matter required to be prescribed by this act. 43 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by s. 9, ibid., for members of both houses of parliament. 2. ins. by s. 9, ibid. 3. subs. by s. 9, ibid., for clause g. 4. ins. by act 5 of , s. 9.

section 22. of the presidential and vicepresidential elections act : show related subordinates 1 every officer, clerk or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not except for some purpose authorised by or under any law communicate to any person any information calculated to violate such secrecy. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

section 8. of the specific relief act : any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases: a when the thing claimed is held by the defendant as the agent or trustee of the plaintiff b when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed c when it would be extremely difficult to ascertain the actual damage caused by its loss d when the possession of the thing claimed has been wrongfully transferred from the plaintiff. explanation.unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause b or clause c of this section, presume a that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be b that it would be extremely difficult to ascertain the actual damage caused by its loss

section 1. of the specific relief act : 1 this act may be called the specific relief act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 1st march, , vide notification no. s.o. 189, dated 13th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the specific relief act : a person entitled to the possession of specific movable property may recover it in the manner provided by the code of civil procedure, 5 of . explanation 1.a trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled. explanation 2.a special or temporary right to the present possession of movable property is sufficient to support a suit under this section.

section 2. of the specific relief act : in this act, unless the context otherwise requires, a obligation includes every duty enforceable by law b settlement means an instrument other than a will or codicil as defined by the indian succession act, 39 of , whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of c trust has the same meaning as in section 3 of the indian trusts act, 2 of , and includes an obligation in the nature of a trust within the meaning of chapter ix of that act d trustee includes every person holding property in trust e all other words and expressions used herein but not defined, and defined in the indian contract act, 9 of , have the meanings respectively assigned to them in that act.

section 3. of the specific relief act : except as otherwise provided herein, nothing in this act shall be deemed a to deprive any person of any right to relief, other than specific performance, which he may have under any contract or b to affect the operation of the indian registration act, 16 of , on documents.

section 6. of the specific relief act : 1 if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 1through whom he has been in possession or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit. 2 no suit under this section shall be brought a after the expiry of six months from the date of dispossession or b against the government. 3 no appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed. 4 nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. 1. ins. by act 18 of , s. 2 w.e.f. .

section 9. of the specific relief act : except as otherwise provided herein where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts.

section 12. of the specific relief act : 1 except as otherwise hereinafter provided in this section, the court shall not direct the specific performance of a part of a contract. 2 where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed be a only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. 3 where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed either a forms a considerable part of the whole, though admitting of compensation in money or b does not admit of compensation in money he is not entitled to obtain a decree for specific performance but the court may, at the suit of the other party, direct the party in default to perform specifically so much of his part of the contract as he can perform, if the other party i in a case falling under clause a, pays or has paid the agreed consideration for the whole of the contract reduced by the consideration for the part which must be left unperformed and in a case falling under clause b 1pays or has paid the consideration for the whole of the contract without any abatement and ii in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant. 4 when a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed the court may direct specific performance of the former part. explanation.for the purposes of this section, a party to a contract shall be deemed to be unable to perform the whole of his part of it if a portion of its subjectmatter existing at the date of the contract has ceased to exist at the time of its performance. 1. ins. by act 52 of , s. 3 and the second schedule w.e.f. .

section 5. of the specific relief act : a person entitled to the possession of specific immovable property may recover it in the manner provided by the code of civil procedure, 5 of .

section 4. of the specific relief act : specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.

section 10. of the specific relief act : 1the specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section 16. 1. subs. by act 18 of , s 3, for section 10 w.e.f. .

section 11. of the specific relief act : 1 except as otherwise provided in this act, specific performance of a 1contract shall, be enforced when the act agreed to be done is in the performance wholly or partly of a trust. 2 a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. 1. subs. by act 18 of , s. 4, for contract may, in the discretion of the court w.e.f. .

section 13. of the specific relief act : 1 where a person contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser or lessee subject to the other provisions of this chapter, has the following rights, namely: a if the vendor or lessor has subsequently to the contract acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of such interest b where the concurrence of other person is necessary for validating the title, and they are bound to concur at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such concurrence, and when a conveyance by other persons is necessary to validate the title and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance c where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee d where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subjectmatter of the contract. 2 the provisions of subsection 1 shall also apply, as far as may be, to contracts for the sale or hire of movable property.

section 14. of the specific relief act : 1the following contracts cannot be specifically enforced, namely: a where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20 b a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise c a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms and d a contract which is in its nature determinable. 1. subs. by act 18 of , s. 5, for section 14 w.e.f. .

section 19. of the specific relief act : except as otherwise provided by this chapter, specific performance of a contract may be enforced against a either party thereto b any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract c any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant 1ca when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation. d when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation e when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company: provided that the company has accepted the contract and communicated such acceptance to the other party to the contract. 1. ins. by act 18 of , s. 8 w.e.f. . /hr1

section 14a. of the specific relief act : 114a. power of court to engage experts. 1 without prejudice to the generality of the provisions contained in the code of civil procedure, 5 of , in any suit under this act, where the court considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may engage one or more experts and direct to report to it on such issue and may secure attendance of the expert for providing evidence, including production of documents on the issue. 2 the court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. 3 the opinion or report given by the expert shall form part of the record of the suit and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters referred to him or mentioned in his opinion or report, or as to his opinion or report, or as to the manner in which he has made the inspection. 4 the expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion, and at such time, as the court may direct. 1. subs. by act 18 of , s. 5, for section 14 w.e.f.

section 15. of the specific relief act : except as otherwise provided by this chapter, the specific performance of a contract may be obtained by a any party thereto b the representative in interest or the principal, of any party thereto: provided that where the learning, skill, solvency or any personal quality of such party is a material ingredient in the contract, or where the contract provides that his interest shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party c where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder d where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman e a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant f a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach 1fa when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation./br g when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation h when the promoters of a company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company: provided that the company has accepted the contract and has communicated such acceptance to the other party to the contract. 1. ins. by act 18 of , s. 6 w.e.f. .

section 20.substituted performance of contract of the specific relief act : 1, 220. substituted performance of contract. 1 without prejudice to the generality of the provisions contained in the indian contract act, 9 of , and, except as otherwise agreed upon by the parties, where the contract is broken due to nonperformance of promise by any party, the party who suffers by such breach shall have the option of substituted performance through a third party or by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party committing such breach. 2 no substituted performance of contract under subsection 1 shall be undertaken unless the party who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach calling upon him to perform the contract within such time as specified in the notice, and on his refusal or failure to do so, he may get the same performed by a third party or by his own agency: provided that the party who suffers such breach shall not be entitled to recover the expenses and costs under subsection 1 unless he has got the contract performed through a third party or by his own agency. 3 where the party suffering breach of contract has got the contract performed through a third party or by his own agency after giving notice under subsection 1, he shall not be entitled to claim relief of specific performance against the party in breach. 4 nothing in this section shall prevent the party who has suffered breach of contract from claiming compensation from the party in breach. 1. subs. by s. 9, ibid., for discretion and powers of courtw.e.f. . 2. subs. by s. 10, ibid., for section 20 w.e.f. .

section 16. of the specific relief act : specific performance of a contract cannot be enforced in favour of a person 1a who has obtained substituted performance of contract under section 20 or b who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract or c 2who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms of the performance of which has been prevented or waived by the defendant. explanation.for the purposes of clause c, i where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court ii the plaintiff 3must prove performance of, or readiness and willingness to perform, the contract according to its true construction. 1. subs. by s. 7, ibid., for clause a w.e.f. . 2.subs. by s. 7, ibid., for who fails to aver and prove w.e.f. . 3. subs by s. 7, ibid., for must aver w.e.f. .

section 17. of the specific relief act : 1 a contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor a who, knowing himself not to have any title to the property, has contracted to sell or let the property b who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt. 2 the provisions of subsection 1 shall also apply, as far as may be, to contracts for the sale or hire of movable property.

section 18. of the specific relief act : where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases, namely: a where by fraud, mistake of fact or misrepresentation, the written contract of which performance is sought is in its terms or effect different from what the parties agreed to, or does not contain all the terms agreed to between the parties on the basis of which the defendant entered into the contact b where the object of the parties was to produce a certain legal result which the contract as framed is not calculated to produce c where the parties have, subsequently to the execution of the contract, varied its terms.

section 20a. of the specific relief act : 120a. special provisions for contract relating to infrastructure project 1 no injunction shall be granted by a court in a suit under this act involving a contract relating to an infrastructure project specified in the schedule, where granting injunction would cause impediment or delay in the progress or completion of such infrastructure project. explanation.for the purposes of this section, section 20b and clause ha of section 41, the expression infrastructure project means the category of projects and infrastructure subsectors specified in the schedule. 2 the central government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the official gazette, amend the schedule relating to any category of projects or infrastructure subsectors. 3 every notification issued under this act by the central government shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. subs. by s. 10, ibid., for section 20 w.e.f. .

section 20b. of the specific relief act : 120b. special courts. the state government, in consultation with the chief justice of the high court, shall designate, by notification published in the official gazette, one or more civil courts as special courts, within the local limits of the area to exercise jurisdiction and to try a suit under this act in respect of contracts relating to infrastructure projects. 1. subs. by s. 10, ibid., for section 20 w.e.f. .

section 25. of the specific relief act : the provisions of this chapter as to contracts shall apply to awards to which 1the arbitration and conciliation act, 26 of , does not apply and to directions in a will or codicil to execute a particular settlement. 1. subs. by act 18 of , s. 12, for the arbitration act, 10 of w.e.f. .

section 20c. of the specific relief act : 120c. expeditious disposal of suits. notwithstanding anything contained in the code of civil procedure, 5 of , a suit filed under the provisions of this act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant: provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court. 1. subs. by s. 10, ibid., for section 20 w.e.f. .

section 21. of the specific relief act : 1 in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach 1in addition to such performance. 2 if, in any such suit, the court decides that specific performance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly. 3 if, in any such suit, the court decides that specific performance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly. 4 in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 9 of . 5 no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation. explanation.the circumstances that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this section. 1. subs. by act 18 of , s. 11, for , either in addition to, or in substitution of, w.e.f.

section 26. of the specific relief act : 1 when, through fraud or a mutual mistake of the parties a contract or other instrument in writing not being the articles of association of a company to which the companies act, 1 of , applies does not express their real intention, then a either party or his representative in interest may institute a suit to have the instrument rectified or b the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading that the instrument be rectified or c a defendant in any such suit as is referred to in clause b, may, in addition to any other defence open to him, ask for rectification of the instrument. 2 if, in any suit in which a contract or other instrument is sought to be rectified under subsection 1, the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may in its discretion, direct rectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value. 3 a contract in writing may first be rectified, and then if the party claiming rectification has so prayed in his pleading and the court thinks fit, may be specifically enforced. 4 no relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed: provided that where a party has not claimed any such relief in his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim.

section 22. of the specific relief act : 1 notwithstanding anything to the contrary contained in the code of civil procedure, 5 of , any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for a possession, or partition and separate possession, of the property in addition to such performance or b any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or 1made by him, in case his claim for specific performance is refused. 2 no relief under clause a or clause b of subsection 1 shall be granted by the court unless it has been specifically claimed: provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief. 3 the power of the court to grant relief under clause b of subsection 1 shall be without prejudice to its powers to award compensation under section 21. 1. subs. by act 52 of , s. 3, and the second schedule, for made to w.e.f. .

section 29. of the specific relief act : a plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.

section 23. of the specific relief act : 1 a contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in itas the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance. 2 when enforcing specific performance under this section, the court shall not also decree payment of the sum so named in the contract.

section 30. of the specific relief act : on adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require.

section 24. of the specific relief act : the dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiffs right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach.

section 32. of the specific relief act : where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.

section 27. of the specific relief act : 1 any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely: a where the contract is voidable or terminable by the plaintiff b where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff. 2 notwithstanding anything contained in subsection 1, the court may refuse to rescind the contract a where the plaintiff has expressly or impliedly ratified the contract or b where, owing to the change of circumstances which has taken place since the making of the contract not being due to any act of the defendant himself, the parties cannot be substantially restored to the position in which they stood when the contract was made or c where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value or d where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. explanation.in this section contract in relation to the territories to which the transfer of property act, 4 of , does not extend, means a contract in writing.

section 34. of the specific relief act : any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief: provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. explanation.a trustee of property is a person interested to deny a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.

section 28. of the specific relief act : 1 where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require. 2 where a contract is rescinded under subsection 1, the court a shall direct the purchaser or the lessee, if he has obtained possession of the property under the contract, to restore such possession to the vendor or lessor and b may direct payment to the vendor or lessor of all the rents and profits which have accrued in respect of the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and, if the justice of the case so requires, the refund of any sum paid by the vendee or the lessee as earnest money or deposit in connection with the contract. 3 if the purchase or lessee pays the purchase money or other sum which he is ordered to pay under the decree within the period referred to in subsection 1, the court may, on application made in the same suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases all or any of the following reliefs, namely: a the execution of a proper conveyance or lease by the vendor or lessor b the delivery of possession, or partition and separate possession, of the property on the execution of such conveyance or lease. 4 no separate suit in respect of any relief which may be claimed under this section shall lie at the instance of a vendor, purchaser, lessor or lessee, as the case may be. 5 the costs of any proceedings under this section shall be in the discretion of the court.

section 31. of the specific relief act : 1 any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. 2 if the instrument has been registered under the indian registration act, 16 of , the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.

section 33. of the specific relief act : 1 on adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit which he may have received from the other party and to make any compensation to him which justice may require. 2 where a defendant successfully resists any suit on the ground a that the instrument sought to be enforced against him in the suit is voidable, the court may if the defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it b that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the indian contract act, 9 of , the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the extent to which he or his estate has benefited thereby.

section 41. of the specific relief act : an injunction cannot be granted a to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings b to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought c to restrain any person from applying to any legislative body d to restrain any person from instituting or prosecuting any proceeding in a criminal matter e to prevent the breach of a contract the performance of which would not be specifically enforced f to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance g to prevent a continuing breach in which the plaintiff has acquiesced h when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust 1ha if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subjectmatter of such project. i when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court j when the plaintiff has no personal interest in the matter. 1. ins. by act 18 of , s. 13 w.e.f. .

section 35. of the specific relief act : a declaration made under this chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.

section 42. of the specific relief act : notwithstanding anything contained in clause e of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

section 36. of the specific relief act : preventive relief is granted at the discretion of the court by injunction, temporary or perpetual.

section 38. of the specific relief act : 1 subject to the other provisions contained in or referred to by this chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. 2 when any such obligation arises from contract, the court shall be guided by the rules and provisions contained in chapter ii. 3 when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely: a where the defendant is trustee of the property for the plaintiff b where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion c where the invasion is such that compensation in money would not afford adequate relief d where the injunction is necessary to prevent a multiplicity of judicial proceedings.

section 37. of the specific relief act : 1 temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the code of civil procedure, 5 of . 2 a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

section 43. of the specific relief act : amendment of act 10 of . rep. by the repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 39. of the specific relief act : when, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.

section 40. of the specific relief act : 1 the plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such damages. 2 no relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim. 3 the dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach.

section 44. of the specific relief act : repeal. rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 8. of the bird and company limited acquisition and transfer of undertakings and other properties act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of the company and the right, title and interest of the company in relation to its undertakings there shall be paid by the central government to the company in cash and in the manner specified in chapter vi, an aggregate amount of rupees two hundred and eightythree lakhs. 2 for the transfer to, and vesting in, the central government, under section 4, of the shares held by the company in the specified companies, there shall be paid by the central government to the company in cash and in the manner specified in chapter vi, an aggregate amount of rupees twentyseven lakhs. 3 the amount specified in subsection 1 and the amount specified in subsection 2 shall carry simple interest of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 4 for the removal of doubts, it is hereby declared that the liabilities of the company, in relation to its undertakings, shall be met , in accordance with the rights and interests of the creditors of the company, from the amounts due to the company under subsection 1 and subsection 2

The Bird and Company Limited (Acquisition and Transfer of Undertakings and Other Properties) Act, 1980

section 1. of the bird and company limited acquisition and transfer of undertakings and other properties act : this act may be called the bird and company limited acquisition and transfer of undertakings and other properties act, . 2 it shall be deemed to have come into force on the 25th day of october, .

section 7. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 notwithstanding anything contained in section 3, the central government may, if it is satisfied that a government company is willing to comply with such terms and conditions as that government may think fit to impose, direct, by notification, that the undertakings of the company and the right, title and interest of the company in relation to its undertakings which have vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in the government company either on the date of publication of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the company in relation to its undertakings, vest under subsection 1, in a government company that government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of that government company

section 2. of the bird and company limited acquisition and transfer of undertakings and other properties act : in this act, unless the context otherwise requires, a appointed day means the 25th day of october, b commissioner means the commissioner of payments appointed under section 13 c company means the bird and company limited, being a company as defined in the companies act, 1 of , and having its registered office at chartered bank buildings, calcutta, in the state of west bengal d notification means a notification published in the official gazette e prescribed means prescribed by rules made under this act f share means a share, whether equity or preference, held by the company in the capital of a specified company and includes any such share pledged by the company with any bank or any other creditor g specified company means a company specified in schedule i h specified date, means such date as the central government may, for the purposes of any provision of this act, by notification, specify, and different dates may be specified for different provisions of this act i words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings, respectively, assigned to them in that act.

section 3. of the bird and company limited acquisition and transfer of undertakings and other properties act : on the appointed day, the undertakings of the company and the right, title and interest of the company in relation to its undertakings shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 9., of the undertakings of the company. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the general superintendence, direction, control and management of the affairs and business of the undertakings of the company, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 7, vest, on and from the date specified in such direction, in the government company specified therein b where no such direction has been made by the central government, vest, on and from the appointed day, in one or more custodians appointed by the central government under subsection 2, and thereupon the government company so specified or the custodian or custodians so appointed, as the case may be, shall be entitled to exercise to the exclusion of all other persons, all such powers and do all such things as the company is authorised to exercise and do in relation to its undertakings. 2 the central government may appoint an individual or a government company as the custodian of the undertakings of the company in relation to which no direction has been made by it under subsection 1 of section 7. 3 the custodian shall receive from the funds of the undertakings of the company such remuneration as the central government may fix and shall hold office during the pleasure of the central government.

section 10. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 on the vesting of the management of the undertakings of the company in a government company or on the appointment of a custodian, all persons in charge of the management of the undertakings of the company immediately before such vesting or appointment, shall be bound to deliver to such government company or custodian, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings of the company. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the government company or the custodian as to the powers and duties of such government company or custodian and such government company or custodian may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the company shall be conducted or in relation to any other matter arising in the course of such management. 3 the custodian shall maintain an account of the undertakings of the company in such form and manner and under such conditions as may be prescribed and the provisions of the companies act, 1 of , shall apply to the audit of the account so maintained as they apply to the audit of the accounts of a company.

section 4. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 on the appointed day, all the shares held by the company in the specified companies shall, by virtue of this act, stand transferred to, and vest in, the central government. 2 the central government shall be deemed, on and from the appointed day, to have been registered in the register of members of the concerned specified company as the holder of each share which stands transferred to, and vested in, it by virtue of the provisions of subsection 1. 3 for the removal of doubts, it is hereby declared that the provisions of subsections 1 and 2 shall not be deemed to affect, a any right of a specified company subsisting, immediately before the appointed day, against the company to recover from it any sum of money on the ground that the company has not paid or credited to the specified company the whole or any part of the value of the shares held by it, or on any other ground whatsoever or b any right of a specified company subsisting, immediately before the appointed day, against the company to receive any payments due from the company

section 5. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the undertaking of the company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers and other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government, whether under section 3 or section 4, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act, in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property, shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts specified in section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to the company in relation to any undertaking which has vested in the central government under section 3, at any time before the appointed day and in force immediately before that day, shall continue to be in force on and after such day in accordance with its tenor in relation to, and for the purposes of, such undertaking and on and from the date of vesting of such undertaking under section 7, in a government company, that government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such government company and such government company shall hold it for the remainder of the period for which that company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central government, whether under section 3 or under section 4, instituted or preferred by or against the company is pending, the same shall not abate, be discontinued or be, in any way prejudicially affected by reason of the transfer of the undertakings of the company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or where the undertakings of the company are directed under section 7, to vest in a government company, by or against such company.

section 6. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 every liability of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it and not against the central government, or, where the undertakings of the company are directed, under section 7, to vest in a government company, against such company. 2 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this act, no liability of company in relation to its undertakings, or in relation to any share held by it in a specified company, in respect of any period prior to the appointed day, shall be enforceable against the central government, or, where the undertakings of the company are directed under section 7, to vest in a government company, against such company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the company or in relation to any share held by the company in a specified company passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the central government, or where the undertakings of the company are directed, under section 7 to vest in a government company, against such company c no liability incurred by the company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government, or, where the undertakings of the company are directed under section 7, to vest in a government company, against such company.

section 11. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 every employee of the company, employed in connection with any undertaking owned by it, shall, on and from the appointed day, become an employee of the central government, and where such undertaking is vested in a government company under this act, become, on and from the date of such vesting in such government company, an employee thereof and shall hold office or service under the central government or the government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking owned by the company to the central government or the government company shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 12. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 where the company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of the person employed in any of the undertakings of the company, the monies relatable to the employee, whose services have become transferred by or under this act, to the central government or the government company, shall, out of the monies standing, on the appointed day, to the credit of such provident, superannuation, welfare or other fund, stand transferred to , and vest in, the central government or the government company, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the government company, as the case may be, shall be dealt with by that government or the government company in such manner as may be prescribed.

section 13. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the central government shall, for the purpose of disbursing the amounts payable to the company under section 8, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 14. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the company the amounts specified in section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of the undertakings of the company and the shares held by it in the specified companies, in relation to which payment has been made to him under this act. 4 the interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the company.

section 20. of the bird and company limited acquisition and transfer of undertakings and other properties act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the company in respect of such claim shall stand discharged.

section 15. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the central government or the government company, as the case may be, shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to the company, or the government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the government company, as the case may be, may make a claim to the commissioner with regard to every payment made by it after the appointed day for discharging any liability of the company in relation to any period prior to the appointed day and every such claim shall have priority in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities of the company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the company

section 16. of the bird and company limited acquisition and transfer of undertakings and other properties act : every person having a claim against the company shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter

section 17. of the bird and company limited acquisition and transfer of undertakings and other properties act : the claims arising out of the matters specified in the schedule ii shall have priorities in accordance with the following principles namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories, shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category

section 22. of the bird and company limited acquisition and transfer of undertakings and other properties act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim, being treated as an order for the refund of revenue.

section 18. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 on receipt of the claims made under section 16, the commissioner shall arrange the claims in the order of priorities specified in the schedule ii and examine the same in accordance with such order of priorities. 2 if, on an examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 19. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 after examining the claims with reference to the priorities set out in the schedule ii, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursements made by the commissioner. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language and in one issue of such daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the time specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court at calcutta, and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 21. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 if, out of the monies paid to him in relation to the undertakings of the company, there is a balance left after meeting the liabilities as specified in the schedule ii, the commissioner shall disburse such balance to the company. 2 where any machinery, equipment or other property, has vested, under this act, in the central government or the government company, as the case may be, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or the government company, as the case may be, to continue to possess such machinery, equipment and other property on the same terms and conditions under which they were possessed by the company immediately before the appointed day

section 23. of the bird and company limited acquisition and transfer of undertakings and other properties act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 24. of the bird and company limited acquisition and transfer of undertakings and other properties act : every contract entered into by the company in relation to the undertakings owned by it, which has vested in the central government under section 3, for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or government company, in which such undertakings have been vested under this act, and in ratifying such contract, the central government or government company may make such alteration or modification therein as it may think fit: provided that the central government or government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or such government company and b except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording, in writing, its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 25. of the bird and company limited acquisition and transfer of undertakings and other properties act : any person who a having in his possession, custody or control any property forming part of any undertaking of the company, or any share held by the company in any specified company, wrongfully withholds such property or share from the central government or government company or b wrongfully obtains possession of, or retains any property forming part of any undertaking of the company or willfully withholds or fails to furnish to the central government or government company or any person specified by that government or government company, any document relating to such undertakings or share which may be in his possession, custody or control or fails to deliver to the central government or government company or any person specified by that government or government company, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of the company or any share held by the company in any specified company or c wrongfully recovers or destroys any property forming part of any undertaking of the company or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 26. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 where an offence punishable under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals b director, in relation to a firm, means a partner in the firm

section 30. of the bird and company limited acquisition and transfer of undertakings and other properties act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 27. of the bird and company limited acquisition and transfer of undertakings and other properties act : no suit, prosecution or other legal proceeding shall lie against the central government or the custodian of the undertakings of the company, or the government company or any officer or other person authorised by that government or government company for anything which is in good faith done or intended to be done under this act

section 28. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and section 29 and section 30, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 31. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the bird and company limited acquisition and transfer of undertakings and other properties ordinance, 18 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 29. of the bird and company limited acquisition and transfer of undertakings and other properties act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation shall be given to the commissioner under subsection 3 of section 5 b the form and the manner in which, and the conditions under which, accounts shall be maintained by the custodian as required by subsection 3 of section 10 c the manner in which monies in any provident fund or other fund referred to in section 12 shall be dealt with d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the bhopal gas leak disaster processing of claims act : 1 in computing, under the limitation act, 36 of or any other law for the time being in force, the period of limitation for the purpose of instituting a suit or other proceeding for the enforcement of a claim, any period after the date on which such claim is registered under, and in accordance with, the provisions of the scheme shall be excluded. 2 nothing in subsection 1 shall apply to any proceedings by way of appeal.

section 1. of the bhopal gas leak disaster processing of claims act : 1 this act may be called the bhopal gas leak disaster processing of claims act, . 2 it shall be deemed to have come into force on the 20th day of february, .

section 7. of the bhopal gas leak disaster processing of claims act : show related subordinates the central government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, all or any of its powers under this act excepting the power under section 9 to frame a scheme to the government of madhya pradesh or an officer of the central government not below the rank of a joint secretary to that government or an officer of the government of madhya pradesh not below the rank of a secretary to that government 1 or the commissioner. 1. ins. by s. 3, ibid. w.e.f. .

section 2. of the bhopal gas leak disaster processing of claims act : in this act, unless the context otherwise requires, a bhopal gas leak disaster or disaster means the occurrence on the 2nd and 3rd days of december, , which involved the release of highly noxious and abnormally dangerous gas from a plant in bhopal being a plant of the union carbide india limited, a subsidiary of the union carbide corporation, u.s.a. and which resulted in loss of life and damage to property on an extensive scale b claim means i a claim, arising out of, or connected with, the disaster, for compensation or damages for any loss of life or personal injury which has been, or is likely to be, suffered ii a claim, arising out of, or connected with, the disaster, for any damage to property which has been, or is likely to be, sustained iii a claim for expenses incurred or required to be incurred for containing the disaster or mitigating or otherwise coping with the effects of the disaster iv any other claim including any claim by way of loss of business or employment arising out of, or connected with, the disaster c claimant means a person entitled to make a claim d commissioner means the commissioner appointed under section 6 e person includes the government f scheme means a scheme framed under section 9. explanation.for the purposes of clauses b and c, where the death of a person has taken place as a result of the disaster, the claim for compensation or damages for the death of such person shall be for the benefit of the spouse, children including a child in the womb and other heirs of the deceased and they shall be deemed to be the claimants in respect thereof.

section 3. of the bhopal gas leak disaster processing of claims act : 1 subject to the other provisions of this act, the central government shall, and shall have the exclusive right to, represent, and act in place of whether within or outside india every person who has made, or is entitled to make, a claim for all purposes connected with such claim in the same manner and to the same effect as such person. 2 in particular and without prejudice to the generality of the provisions of subsection 1, the purposes referred to therein include a institution of any suit or other proceeding in or before any court or other authority whether within or outside india or withdrawal of any such suit or other proceeding, and b entering into a compromise. 3 the provisions of subsection 1 shall apply also in relation to claims in respect of which suits or other proceedings have been instituted in or before any court or other authority whether within or outside india before the commencement of this act: provided that in the case of any such suit or other proceeding with respect to any claim pending immediately before the commencement of this act in or before any court or other authority outside india, the central government shall represent, and act in place of, or along with, such claimant, if such court or other authority so permits.

section 4. of the bhopal gas leak disaster processing of claims act : notwithstanding anything contained in section 3, in representing, and acting in place of, any person in relation to any claim, the central government shall have due regard to any matters which such person may require to be urged with respect to his claim and shall, if such person so desires, permit at the expense of such person, a legal practitioner of his choice to be associated in the conduct of any suit or other proceeding relating to his claim.

section 10. of the bhopal gas leak disaster processing of claims act : for the removal of doubts, it is hereby declared that a any sums paid by the government to a claimant otherwise than by way of disbursal of the compensation or damages received as a result of the adjudication or settlement of his claim by a court or other authority, shall be deemed to be without prejudice to the adjudication or settlement by such court or other authority of his claim to receive compensation or damages in satisfaction of his claim and shall not be taken into account by such court or other authority in determining the amount of compensation or damages to which he may be entitled in satisfaction of his claim b in disbursing under the scheme the amount received by way of compensation or damages in satisfaction of a claim as a result of the adjudication or settlement of the claim by a court or other authority, deduction shall be made from such amount of the sums, if any, paid to the claimant by the government before the disbursal of such amount.

section 6. of the bhopal gas leak disaster processing of claims act : show related subordinates 1 for the purpose of assisting it in discharging its functions under this act, the central government may appoint an officer, to be known as the commissioner for the welfare of the victims of the bhopal gas leak disaster, and such other officers and employees to assist him as that government may deem fit. 2 the commissioner shall discharge such functions as may be assigned to him by the scheme. 3 the commissioner and such of the officers subordinate to him as may be authorised by the central government by notification in the official gazette in this behalf may, for the discharge of their functions under the scheme, exercise all or any of the powers which the central government may exercise under section 5. 4 all officers and authorities of the government shall act in aid of the commissioner 1 5 the commissioner and the officers subordinate to him authorised to discharge functions under the scheme shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 24 of , s. 2 w.e.f.

section 9. of the bhopal gas leak disaster processing of claims act : show related subordinates 1 the central government shall, for carrying into effect the purposes of this act, frame by notification in the official gazette a scheme as soon as may be after the commencement of this act. 2 in particular and without prejudice to the generality of the provisions of subsection 1, a scheme may provide for all or any of the following matters, namely: a the registration of the claims under the scheme and all matters connected with such registration b the processing of the claims for securing their enforcement and matters connected therewith c the maintenance of records and registers in respect of the claims d the creation of a fund for meeting expenses in connection with the administration of the scheme and of the provisions of this act e the amounts which the central government may, after due appropriation made by parliament by law in that behalf, credit to the fund referred to in clause d and any other amounts which may be credited to such fund f the utilisation, by way of disbursal including apportionment or otherwise, of any amounts received in satisfaction of the claims g the officer being a judicial officer of a rank not lower than that of a district judge who may make such disbursal or apportionment in the event of a dispute h the maintenance and audit of accounts with respect to the amounts referred to in clausese and f i the functions of the commissioner and other officers and employees appointed under section 6. 3 every scheme framed under subsection 1 shall be laid, as soon as may be after it is framed, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be framed, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.

section 5. of the bhopal gas leak disaster processing of claims act : 1 for the purpose of discharging its functions under this act, the central government shall have the powers of a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which the central government may, by notification in the official gazette, specify. 2 every notification made under clause f of subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

section 12. of the bhopal gas leak disaster processing of claims act : 1 the bhopal gas leak disaster processing of claims ordinance, 1 of ,is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the bhopal gas leak disaster processing of claims act : the provisions of this act and of any scheme framed thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or any instrument having effect by virtue of any enactment other than this act.

section 8. of the handlooms reservation of articles for production act : show related subordinates 1 if the authorised officer has any reason to believe that, a any article or class of articles specified in any order made under section 3 is being produced in any place in contravention of such order or b any article or class of articles produced in contravention of such order are secreted in any place or c any article or class of articles is liable to forfeiture under this act, he may enter into and search such place or premises for such article, or class of articles or any powerloom which in the opinion of the authorised officer may have been used for the production of such article or class of articles. 2 where, as a result of any search made under subsection 1, any article or class of articles or any power loom has been found and the authorised officer has reason to believe that such article or class of articles has been produced, or such power loom has been used for the production of any article or class of articles, in contravention of any order made under section 3, he may seize such article, class of articles or power loom, together with the package, covering or receptacle, if any, in which such article or class of articles is found: provided that where it is not practicable to seize any article or power loom, the authorised officer may serve on the owner of the article or the power loom, as the case may be, an order that he shall not remove, part with, or otherwise deal with, the article or power loom except with the previous permission of such authorised officer. 3 where any article or power loom is seized under subsection 2 and no prosecution has been launched within six months of such seizure, it shall be returned to the person from whose possession it was seized. 4 the authorised officer may also seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this act. 5 the person from whose custody any documents are seized under subsection 4 shall be entitled to make copies thereof or takes extracts therefrom in the presence of the authorised officer. 6 if any person legally entitled to the documents or things seized under subsection 4 objects, for any reason, to the retention by the authorised officer of the documents or things, he may make an application to the central government stating therein the reasons for such objection and requesting for the return of the documents or things. 7 on receipt of an application under subsection 6, the central government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit.

The Handlooms (Reservation of Articles for Production) Act, 1985

section 1. of the handlooms reservation of articles for production act : 1 this act may be called the handlooms reservation of articles for production act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 31st march, , vide notification no. g.s.r 505e, dated 10th march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the handlooms reservation of articles for production act : in this act, unless the context otherwise requires, a advisory committee means the advisory committee constituted under section 4 b handloom means any loom, other than power loom c manufacturer includes the producer and processor, and the expression manufacture shall be construed accordingly d power loom means a loom which is worked by power as defined in clause g of section 2 of the factories act, 63 of e processor means a person engaged in any ancillary process subsequent to the production of cloth, such as dyeing, bleaching, mercerising, calendering, embroidering, printing, raising, cloth embossing or any other finishing process, but does not include a producer, and the expression process shall be construed accordingly f producer means a person engaged in the production of cloth on any loom, other than handloom, and shall include a person who owns, works or operates on, a loom for the production of cloth, and the expression produce shall be construed accordingly.

section 7. of the handlooms reservation of articles for production act : show related subordinates any officer authorised by the central government hereinafter referred to as the authorised officer may enter, at all reasonable times, any place or premises of any manufacturer in which any textile articles are stored, kept or exposed for sale and may require the production for inspection of any books of account, registers, records or other documents kept therein and ask for such information relating to the manufacture, storage or keeping for sale of any such articles or to any power looms that may be found in such place as he may think fit for the purposes of carrying into effect the provisions of this act.

section 3. of the handlooms reservation of articles for production act : show related subordinates 1 notwithstanding anything contained in the industries development and regulation act, 65 of , the central government may, if it is satisfied, after considering the recommendations made to it by the advisory committee, that it is necessary so to do for the protection and development of the handloom industry, by order published in the official gazette, direct, from time to time, that any article or class of articles shall, on and from such date as may be specified in the order hereinafter referred to as the date of reservation, be reserved for exclusive production by handlooms. 2 every order published under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 5. of the handlooms reservation of articles for production act : where an order has been made under section 3 reserving any article or class of articles for exclusive production by handlooms, such article or class of articles shall not, on and from the date of reservation, be produced by any loom, other than handloom: provided that any person who, immediately before the date of reservation of any article or class of articles, was engaged in the production of such article or class of articles in any loom, other than handloom may continue to be so engaged till the expiry of three months from the date of such reservation.

section 4. of the handlooms reservation of articles for production act : show related subordinates 1 the central government shall, with a view to determining the nature of any article or class of articles that may be reserved for exclusive production by handlooms, constitute an advisory committee consisting of such persons as have, in the opinion of that government, the necessary expertise to give advice on the matter. 2 the advisory committee shall, after considering the following matters, communicate its recommendations to the central government, namely: a the article or class of articles which is being produced by handlooms for mass consumption b the article or class of articles which is being produced traditionally by handlooms c the level of employment likely to be generated by the production of the article or class of articles referred to in clause a or clause b exclusively by handlooms d the protection of interests of persons engaged in the handloom industry and the need for the continued maintenance of the industry and e such other matters as the advisory committee may think fit.

section 6. of the handlooms reservation of articles for production act : show related subordinates 1 the central government may, by order, require any manufacturer to furnish, for the purposes of this act, a such information in his possession with respect to any manufacturing activity or business carried on by him or by any other person to any officer or authority specified by it in such form and within such period as may be specified by that government in the order b such samples of any articles manufactured by him or by any other person for inspection by such officer or authority, at such places and within such period as may be specified by it in the order. 2 where any order has been issued to any manufacturer under subsection 1, he shall comply with such order.

section 9. of the handlooms reservation of articles for production act : the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this act.

section 10. of the handlooms reservation of articles for production act : whoever produces any article or class of articles in contravention of an order made under section 3, a shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees per loom by which the said article or class of articles is produced, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees per loom for every day during which such contravention continues after conviction for the first such contravention and b the article or class of articles in respect of which the order has been contravened or any power loom by the use of which such order is contravened, including any package, covering or receptacle in which the article or class of articles is found, shall be forfeited to the central government: provided that if the court is of opinion that it is not necessary to direct forfeiture in respect of any of the articles, power loom or any package, covering or receptacle, it may, for reasons to be recorded, refrain from doing so.

section 16. of the handlooms reservation of articles for production act : show related subordinates the central government may give such directions as it may consider necessary to a state government as to the carrying into execution of the provisions of this act.

section 11. of the handlooms reservation of articles for production act : if any person, a when required by any order made under section 6 to furnish any information or sample, makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false or does not believe it to be true, or fails to furnish such sample or damages or destroys any article from which such sample was required or b when required by the authorised officer under section 7 to produce any books of account, registers, records or other documents, fails to produce, or damages or destroys any such books, registers or other documents, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

section 12. of the handlooms reservation of articles for production act : any person who attempts to contravene or abets the contravention of any order made under section 3 shall be deemed to have contravened that order.

section 17. of the handlooms reservation of articles for production act : no suit, prosecution or other legal proceeding shall lie against the central government, state government or any officer or employee of the central government or of any state government or any authorised officer for anything which is in good faith done or intended to be done under this act or an order made under section 3.

section 13. of the handlooms reservation of articles for production act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a cooperative society registered or deemed to be registered under any law for the time being in force, a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 15. of the handlooms reservation of articles for production act : the central government may, by order, direct that the powers exercisable by it under any provision of this act, other than the power to make orders under section 3 or under section 18 or to make rules under section 19, shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by a such officer or authority subordinate to the central government or b such state government or such officer or authority subordinate to a state government, as may be specified in the direction.

section 14. of the handlooms reservation of articles for production act : notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under this act shall be cognizable.

section 19. of the handlooms reservation of articles for production act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 18. of the handlooms reservation of articles for production act : 1 if the central government is satisfied that the demand for any article or class of articles reserved by an order under section 3 outside india is such that it is not possible for the handloom industry to meet such demand or any such article or class of articles is required to be produced for purposes of research or for the development of markets for such article or class of articles or of the handloom industry generally, it is necessary or expedient so to do, it may, by order published in the official gazette, exempt such article or class of articles from the operation of such order, and permit such article or class of articles to be produced by any power loom solely for the purposes of export or for research by such institutions as may be specified in the order. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 1. of the administratorsgeneral act : 1 this act may be called the administratorsgeneral act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule w.e.f. . 2. 1st march, , vide notification no. s.o. 588, dated 11th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the administratorsgeneral act : in this act, unless the context otherwise requires, a assets means all the property, movable and immovable, of a deceased person, which is chargeable with and applicable to the payment of his debts and legacies, or available for distribution among his heirs and nextofkin b letters of administration includes any letters of administration whether general or with a copy of the will annexed or limited in time or otherwise c nextofkin includes a widower or widow of a deceased person, or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased and d prescribed means prescribed by rules made under this act.

section 3. of the administratorsgeneral act : 1 the state government shall appoint an administratorgeneral for the state: provided that nothing herein contained shall be deemed to bar the appointment of the same person as administratorgeneral for two or more states. 2 no person shall be appointed to the office of administratorgeneral unless he has been for at least a seven years an advocate or b seven years an attorney of a high court or c ten years a member of the judicial service of a state or d five years a deputy administratorgeneral.

section 7. of the administratorsgeneral act : any letters of administration granted by the high court shall be granted to the administratorgeneral of the state unless they are granted to the nextofkin of the deceased.

section 6. of the administratorsgeneral act : so far as regards the administratorgeneral of any state, the high court shall be deemed to be a court of competent jurisdiction for the purpose of granting probate or letters of administration under any law for the time being in force, wheresoever within the state the estate to be administered is situate: provided that nothing in this section shall be construed as affecting the jurisdiction of any district court.

section 5. of the administratorsgeneral act : the administratorgeneral shall be a corporation sole by the name of administratorgeneral of the state for which he is appointed, and, as such administratorgeneral, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.

section 4. of the administratorsgeneral act : 1 the state government may appoint a deputy or deputies to assist the administratorgeneral and any deputy so appointed shall, subject to the control of the state government and the general or special orders of the administratorgeneral, be competent to discharge any of the duties and to exercise any of the powers of the administratorgeneral, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the administratorgeneral. 2 no person shall be appointed as a deputy under this section unless he has been for at least three years a an advocate or b an attorney of a high court or c a member of the judicial service of a state.

section 9. of the administratorsgeneral act : 1 if a any person has died leaving within any state assets exceeding rupees 1ten lakhs in value, and b whether the obtaining of probate of his will or letters of administration to his estate is or is not obligatory, no person to whom any court would have jurisdiction to commit administration of such assets has, within one month after his death, applied in such state for such probate, or letters of administration, and c in cases where the obtaining of such probate or letters of administration is not obligatory under the provisions of the indian succession act, 39 of , no person has taken other proceedings for the protection of the estate, the administratorgeneral of the state in which such assets are, may, subject to any rules made by the state government, within a reasonable time after he has had notice of the death of such person, and of his having left such assets, take such proceedings as may be necessary to obtain from the high court letters of administration of the estate of such person. 2 the administratorgeneral shall not take proceedings under this section unless he is satisfied, that there is apprehension of misappropriation, deterioration or waste of such assets if such proceedings are not taken by him or that such proceedings are otherwise necessary for the protection of the assets. 1. subs. by act 33 of , s. 2, for two lakhs w.e.f. .

section 14., to executor or nextofkin. of the administratorsgeneral act : if an executor or nextofkin of the deceased, who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the high court a claim to probate of will or to letters of administration in preference to the administratorgeneral, any letters of administration granted in accordance with the provisions of this act to the administratorgeneral a shall be revoked, if a will of the deceased is proved in the state b may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the administratorgeneral and the high court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made and probate or letters of administration may be granted to such executor or nextofkin, as the case may be.

section 10. of the administratorsgeneral act : 1 whenever any person has died leaving assets within any state exceeding rupees 1ten lakhs in value, and the high court for that state is satisfied that there is imminent danger of misappropriation, deterioration or waste of such assets, requiring immediate action, the high court may, upon the application of the administratorgeneral or of any person interested in such assets or in the due administration thereof, forthwith direct the administratorgeneral a to collect and take possession of such assets, and b to hold, deposit, realise, sell or invest the same according to the directions of the high court, and, in default of any such directions, according to the provisions of this act so far as the same are applicable to such assets. 2 any order of the high court under subsection 1 shall entitle the administratorgeneral a to maintain any suit or proceeding for the recovery of such assets b if he thinks fit, to apply for letters of administration of the estate of such deceased person c to retain out of the assets of the estate any fees chargeable under rules made under this act and d to reimburse himself for all payments made by him in respect of such assets which a private administrator might lawfully have made. 1. subs. by act 33 of , s. 2, for two lakhs w.e.f. .

section 15., may, on revocation, be ordered to be paid to administratorgeneral out of estate. of the administratorsgeneral act : if any letters of administration granted to the administratorgeneral in accordance with the provisions of this act are revoked, the high court may order the costs of obtaining such letters of administration, and the whole or any part of any fees which would otherwise have been payable under this act, together with the costs of the administratorgeneral in any proceedings taken to obtain such revocation, to be paid to or retained by the administratorgeneral out of the estate: provided that nothing in this section shall affect the provisions of clauses c and d of subsection 2 of section 10.

section 11. of the administratorsgeneral act : if, in the course of proceedings to obtain letters of administration under the provisions of section 9 or section 10, a any person appears and establishes his claim i to probate of the will of the deceased or ii to letters of administration as nextofkin of the deceased, and gives such security as may be required of him by law or b any person satisfies the high court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the indian succession act, 39 of or c the high court is satisfied that there is no apprehension of misappropriation, deterioration, or waste of the assets and that the grant of letters of administration in such proceedings is not otherwise necessary for the protection of the assets, the high court shall 1 in the case mentioned in clause a, grant probate of the will or letters of administration accordingly 2 in the case mentioned in clause b or clause c, drop the proceedings and 3 in all the cases award to the administratorgeneral the costs of any proceedings taken by him under those sections to be paid out of the estate as part of the testamentary or interstate expenses thereof.

section 12. of the administratorsgeneral act : if, in the course of proceedings to obtain letters of administration under the provisions of section 9 or section 10, and within such period as to the high court seems reasonable, no person appears and establishes his claim to probate of a will, or to a grant of letters of administration as nextofkin of the deceased, or satisfies the high court that he has taken and is prosecuting with due diligence other proceedings for the protection of the estate, the case being one in which the obtaining of such probate or letters of administration is not obligatory under the provisions of the indian succession act, 39 of , and the high court is satisfied that there is apprehension of misappropriation, deterioration, or waste of the assets or that the grant of letters of administration in such proceedings is other wise necessary for the protection of the assets or if a person who has established his claim to a grant of letters of administration as nextofkin of the deceased fails to give such security as may be required of him by law the high court may grant letters of administration to the administratorgeneral.

section 13. of the administratorsgeneral act : nothing in this act shall be deemed to preclude the administratorgeneral from applying to the high court for letters of administration in any case within the period of one month from the death of the deceased.

section 16. of the administratorsgeneral act : if any letters of administration granted to the administratorgeneral in accordance with the provisions of this act are revoked, the same shall, so far as regards the administratorgeneral and all persons acting under his authority in pursuance thereof, be deemed to have been only voidable, except as to any act done by any such administratorgeneral or other person as aforesaid, after notice of a will or of any other fact which would render such letters void: provided that no notice of a will or of any other fact which would render any such letters void shall affect the administratorgeneral or any person acting under his authority in pursuance of such letters unless, within the period of one month from the time of giving such notice, proceedings are commenced to prove the will, or to cause the letters to be revoked, and such proceedings are prosecuted without unreasonable delay.

section 22. of the administratorsgeneral act : 1 any private executor or administrator may, with the previous consent of the administratorgeneral of the state in which any of the assets of the estate, in respect of which such executor or administrator has obtained probate or letters of administration, are situate, by an instrument in writing under his hand notified in the official gazette, transfer the assets of the estate, vested in him by virtue of such probate or letters to the administratorgeneral by that name or any other sufficient description. 2 as from the date of such transfer, the transferor shall be exempt from all liability as such executor or administrator, as the case may be, except in respect of acts done before the date of such transfer, and the administratorgeneral shall have the rights which he would have had, and be subject to the liabilities to which he would have been subject, if the probate or letters of administration, as the case may be, had been granted to him by that name at the date of such transfer.

section 17. of the administratorsgeneral act : if any letters of administration granted to the administratorgeneral in accordance with the provisions of this act are revoked, upon the grant of probate of a will, or upon the grant of letters of administration with a copy of the will annexed, all payments made or acts done by or under the authority of the administratorgeneral in pursuance of such letters of administration, prior to the revocation, which would have been valid under any letters of administration lawfully granted to him with a copy of such will annexed, shall be deemed valid notwithstanding such revocation.

section 18. of the administratorsgeneral act : whenever any administratorgeneral applies for letters of administration in accordance with the provisions of this act, it shall be sufficient if the petition required to be presented for the grant of such letters states, i the time and place of the death of the deceased to the best of the knowledge and belief of the petitioner ii the names and addresses of the surviving nextofkin of the deceased, if known iii the particulars and value of the assets likely to come into the hands of the petitioner iv particulars of the liabilities of the estate, if known.

section 19. of the administratorsgeneral act : all probates or letters of administration granted to any administratorgeneral shall be granted to him by that name.

section 20. of the administratorsgeneral act : 1 probate or letters of administration granted by the high court to the administratorgeneral of any state shall have effect over all the assets of the deceased throughout 1india and shall be conclusive as to the representative title against all debtors of the deceased and all persons holding such assets, and shall afford full indemnity to all debtors paying their debts and all persons delivering up such assets to such administratorgeneral. 2 whenever a grant of probate or letters of administration is made by a high court to the administratorgeneral, the high court shall send to the high courts for the other states a certificate that such grant has been made, and such certificate shall be filed by the high court receiving the same. 23 any probate or letters of administration granted by the high court for the state of jammu and kashmir before the commencement of the central laws extension to jammu and kashmir act, shall, after such commencement, be as effective as if such probate or letters of administration had been granted under this section. 1. subs. by act 25 of , s. 2 and the schedule, for the territories to which this act extends w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 21. of the administratorsgeneral act : effect of grant by the high court of jammu and kashmir. omitted by the central laws extension to jammu and kashmir act 25 of , s. 2 and the schedule w.e.f. .

section 29. of the administratorsgeneral act : 1 whenever any person has died leaving assets within any state and the administratorgeneral of such state is satisfied that such assets, excluding any sum of money deposited in a government savings bank or in any provident fund to which the provisions of the provident funds act, 19 of , apply, did not at the date of death exceed in the whole 1ten lakhs rupees in value, he may grant to any person, claiming otherwise than as a creditor to be interested in such assets or in the due administration thereof, a certificate under his hand entitling the claimant to receive the assets therein mentioned left by the deceased within the state, to a value not exceeding in the whole 1ten lakhs rupees. 2 no certificate under this section shall be granted before the lapse of one month from the death unless before the lapse of the said one month the administratorgeneral is requested so to do by writing under the hand of the executor or the widow or other person entitled to administer the estate of the deceased and he thinks fit to grant it. 3 no certificate shall be granted under this section, i where probate of the deceaseds will or letters of administration of his estate has or have been granted or ii in respect of any sum of money deposited in a government savings bank or in any provident fund to which the provisions of the provident funds act, 19 of , apply. state amendments uttar pradesh amendment of section 29 of act no. 45 of .in section 29 of the administratorsgeneral act, , in subsection 1 for the words two lakhs rupees wherever occurring the words ten lakhs rupees shall be substituted. vide the uttar pradesh act 18 of , s. 2 1. subs. by act 33 of , s. 2, for two lakhs w.e.f. .

section 23. of the administratorsgeneral act : 1 when the administratorgeneral has given the prescribed notice to creditors and others to send in to him their claims against the estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, be at liberty to distribute the assets or any part thereof in discharge of such lawful claims as he has notice of. 2 the administratorgeneral shall not be liable for the assets so distributed to any person of whose claims he had no notice at the time of such distribution. 3 no notice of any claim which has been sent in and has been rejected or disallowed in part by the administratorgeneral shall affect him, unless proceedings to enforce such claim are commenced within one month after notice of the rejection or disallowance of such claim has been given in the prescribed manner and unless such proceedings are prosecuted without unreasonable delay. 4 nothing in this section shall prejudice the right of any creditor or other claimant to follow the assets or any part thereof in the hands of the persons who may have received the same respectively. 5 in computing the period of limitation for any suit, appeal or application under the provisions of any law for the time being in force, the period between the date of submission of the claim of a creditor or other claimant to the administratorgeneral and the date of the final decision of the administratorgeneral on such claim shall be excluded.

section 24. of the administratorsgeneral act : 1 when the administratorgeneral has, so far as may be, discharged all the liabilities of an estate administered by him, he shall notify the fact in the official gazette, and he may, by an instrument in writing, with the consent of the official trustee and subject to any rules made by the state government, appoint the official trustee to be the trustee of any assets then remaining in his hands. 2 upon such appointment, such assets shall vest in the official trustee as if he had been appointed trustee in accordance with the provisions of the official trustees act, 2 of , and shall be held by him upon the same trusts as the same were held immediately before such appointment.

section 25. of the administratorsgeneral act : the high court may, on application made to it by the administratorgeneral or any person interested in the assets or in the due administration thereof, give to the administratorgeneral of the state any general or special directions as to any estate in his charge or in regard to the administration of any such estate.

section 28. of the administratorsgeneral act : the entry of the administratorgeneral by that name in the books of a company shall not constitute notice of a trust, and a company shall not be entitled to object to entering the name of the administratorgeneral on its register by reason only that the administratorgeneral is a corporation, and in dealing with assets the fact that the person dealt with is the administratorgeneral shall not of itself constitute notice of a trust.

section 26. of the administratorsgeneral act : no administratorgeneral shall be required by any court to enter into any administration bond, or to give other security to the court, on the grant of any letters of administration to him by that name.

section 27. of the administratorsgeneral act : no administratorgeneral shall be required to verify, otherwise than by his signature, any petition presented by him under the provisions of this act, and, if the facts stated in any such petition are not within his own personal knowledge, the petition may be subscribed and verified by any person competent to make verification.

section 32. of the administratorsgeneral act : the holder of a certificate granted in accordance with the provisions of section 29 or section 30 shall have in respect of the assets specified in such certificate the same powers and duties, and be subject to the same liabilities as he would have had or been subject to if letters of administration had been granted to him: provided that nothing in this section shall be deemed to require any person holding such certificate, a to file accounts or inventories of the assets of the deceased before any court or other authority or b save as provided in section 30, to give any bond for the due administration of the estate.

section 34.surrender of revoked certificate of the administratorsgeneral act : 1 when a certificate is revoked in accordance with the provisions of section 33, the holder thereof shall, on the requisition of the administratorgeneral, deliver it up to such administratorgeneral, but shall not be entitled to the refund of any fee paid thereon. 2 if such person wilfully and without reasonable cause omits to deliver up the certificate, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

section 35. of the administratorsgeneral act : when a certificate is revoked in accordance with the provisions of section 33, all payments made in good faith under such certificate to the holder thereof before such revocation, shall, notwithstanding such revocation, be a legal discharge to the person making the payment and the holder of such certificate may retain, and reimburse himself in respect of, any payments made by him which the person to whom a certificate or probate or letters of administration may afterwards be granted might lawfully have made.

section 30. grant of certificate to creditors and power to take charge of certain estates of the administratorsgeneral act : 1 if, in cases falling within section 29, no person claiming to be interested otherwise than as a creditor in such assets or in the due administration thereof obtains, within three months of the death of the deceased, a certificate from the administratorgeneral under that section, or probate of a will or letters of administration of the estate of the deceased, the administratorgeneral may administer the estate without letters of administration, in the same manner as if such letters had been granted to him. 2 if the administratorgeneral neglects or refuses to administer such estate, he shall, upon the application of a creditor, grant a certificate to him in the same manner as if he were interested in such assets otherwise than as a creditor and such certificate shall have the same effect as a certificate granted under the provisions of section 29, and shall be subject to all the provisions of this act which are applicable to such certificate. 3 the administratorgeneral may, if he thinks fit, before granting a certificate under subsection 2, require the creditor to give reasonable security for the due administration of the estate of the deceased.

section 37.transfer of certain assets to executor or administrator in country of domicile for distribution of the administratorsgeneral act : where a a person not having his domicile in any state 1in india has died leaving assets in any state and in the country in which he had his domicile at the time of his death, and b proceedings for the administration of his estate with respect to assets in any such state have been taken under section 29 or section 30, and c there has been a grant of administration in the country of domicile, with respect to the assets in that country, the holder of the certificate granted under section 29 or section 30, or administratorgeneral, as the case may be, after having given the prescribed notice for creditors and others to send in to him their claims against the estate of the deceased, and after having discharged, at the expiration of the time there in named, such lawful claims as he has notice of, may, instead of himself distributing any surplus or residue of the deceaseds property to persons residing out of india 2 who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. 1. subs. by act 25 of , s. 2 and the schedule, for to which this act extends w.e.f. . 2. the words or in the state of jammu and kashmir omitted by s. 2 and the schedule, ibid. w.e.f. .

section 31. of the administratorsgeneral act : the administratorgeneral shall not be bound to grant any certificate under section 29 or section 30 unless he is satisfied after making such inquiry as he thinks fit of the title of the claimant and of the value of the assets left by the deceased within the state.

section 38. of the administratorsgeneral act : the government shall be liable to make good all sums required to discharge any liability which the administratorgeneral, if he were a private administrator, would be personally liable to discharge, except when the liability is one to which neither the administratorgeneral nor any of his officers has in any way contributed, or which neither he nor any of his officers could, by the exercise of reasonable diligence, have averted, and in either of those cases the administratorgeneral shall not, nor shall the government, be subject to any liability.

section 33. of the administratorsgeneral act : 1 the administratorgeneral may revoke a certificate granted under the provisions of section 29 or section 30 on any of the following grounds, namely: i that the certificate was obtained by fraud or misrepresentation made to him ii that the certificate was obtained by means of an untrue allegation of a fact essential in law to justify the grant though such allegation was made in ignorance or inadvertently. 2 no certificate shall be revoked under this section unless the holder of the certificate has been given a reasonable opportunity of showing cause why the certificate should not be so revoked.

section 40. of the administratorsgeneral act : nothing in section 80 of the code of civil procedure, 5 of , shall apply to any suit against the administratorgeneral in which no relief is claimed against him personally.

section 36. of the administratorsgeneral act : the administratorgeneral shall not be bound to take out letters of administration of the estate of any deceased person on account of the assets in respect of which he grants any certificate under section 29 or section 30, but he may do so if he revokes such certificate under section 33, or ascertains that the value of the estate exceeded 1ten lakhs rupees. 1. subs. by act 33 of , s. 2, for two lakhs w.e.f. .

section 43. audit of the administratorsgeneral act : the accounts of every administratorgeneral shall be audited at least once annually and at any other time if the state government so directs, by the prescribed person and in the prescribed manner.

section 39. of the administratorsgeneral act : 1 if any suit be brought by a creditor against any administratorgeneral, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the administratorgeneral, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the administratorgeneral was reasonably entitled to require. 2 if any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors.

section 41. of the administratorsgeneral act : 1 there shall be charged in respect of the duties of the administratorgeneral such fees, whether by way of percentage or otherwise, as may be prescribed by the state government. 2 the fees under this section may be at different rates for different estates or classes of estates or for different duties, and shall, so far as may be, be arranged so as produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this act, including such sum as the state government may determine to be required to insure the government against loss under this act.

section 46. of the administratorsgeneral act : the costs of and incidental of such audit and examination shall be determined in accordance with rules made by the state government, and shall be defrayed in the prescribed manner.

section 42. of the administratorsgeneral act : 1 any expenses which might be retained or paid out of any estate in the charge of the administratorgeneral, if he were a private administrator of such estate shall be so retained or paid and the fees described under section 41 shall be retained or paid in like manner as and in addition to such expenses. 2 the administratorgeneral shall transfer and pay to such authority in such manner and at such time as the state government may prescribe, all fees received by him under this act, and the same shall be carried to the account and the credit of the government.

section 44. of the administratorsgeneral act : the auditors shall examine the accounts and forward to the state government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by them showing a whether the accounts have been audited in the prescribed manner b whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be inserted therein c whether the books which by any rules made under this act are directed to be kept by the administratorgeneral, have been duly and regularly kept and d whether the assets and securities have been duly kept and invested and deposited in the manner prescribed by this act, or by any rules made thereunder or as the case may be that such accounts are deficient, or that the administratorgeneral has failed to comply with this act or the rules made thereunder, in such respects as may be specified in such certificate.

section 48. of the administratorsgeneral act : 1 the administratorgeneral may, whenever he desires, for the purposes of this act, to satisfy himself regarding any question of fact, exercise all the powers vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses and examining them on oath b discovery and inspection c compelling the production of documents and d issuing commissions for the examination of witnesses. 2 the provisions of subsection 2 of section 45 shall apply in relation to a person summoned by the administratorgeneral under this section as they apply in relation to a person summoned under that section.

section 51. of the administratorsgeneral act : all assets in the charge of the administratorgeneral which have been in his custody for a period of twelve years or upwards, whether before or after the commencement of this act, without any application for payment thereof having been made and granted by him shall be transferred, in the prescribed manner, to the account and credit of the government: provided that this section shall not authorise the transfer of any such assets as aforesaid, if any suit or proceeding is pending in respect thereof in any court.

section 45. power of auditors to summon and examine witnesses, and to call for documents of the administratorsgeneral act : 1 every auditor shall have all the powers vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses and examining them on oath b discovery and inspection c compelling the production of documents and d issuing commissions for the examination of witnesses. 2 any person who when summoned refuses, or, without reasonable cause, neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined, shall be deemed to have committed an offence within the meaning of, and punishable under, section 188 of the indian penal code 45 of , and the auditor shall report every case of such refusal or neglect to the state government.

section 47.general powers of administration of the administratorsgeneral act : the administratorgeneral may, in addition to, and not in derogation of, any other powers of expenditure lawfully exercisable by him, incur expenditure a on such acts as may be necessary for the proper care and management of any property belonging to any estate in his charge and b with the sanction of the high court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property.

section 54. of the administratorsgeneral act : nothing contained in the indian succession act, 39 of , or in this act, shall be deemed to affect, or to have affected, any law for the time being in force relating to the movable property under four hundred rupees in value of persons dying interstate within any of the presidencytowns which shall be or has been taken charge of by the police for the purpose of safe custody.

section 49., and take copies. of the administratorsgeneral act : any person interested in the administration of any estate which is in the charge of the administratorgeneral shall, subject to such conditions and restrictions as may be prescribed, be entitled at all reasonable times to inspect the accounts relating to such estate and the reports and certificates of the auditor, and on payment of the prescribed fee, to copies thereof and extracts therefrom.

section 50. of the administratorsgeneral act : whoever, during any examination authorised by this act, makes upon oath a statement which is false and which he either knows or believes to be false or does not believe to be true, shall be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

section 56. of the administratorsgeneral act : notwithstanding anything in this act, or in any other law for the time being in force, the central government may, by general or special order, direct that, where a subject of a foreign state dies in 1india, and it appears that there is no one in 2india, other than the administratorgeneral, entitled to apply to a court of competent jurisdiction for letters of administration of the estate of the deceased, letters of administration shall, on the application to such court by any consular officer of such foreign state, be granted to such consular officer on such terms and conditions as the court may, subject to any rules made in this behalf by the central government, thinks fit to impose. 1. subs. by act 25 of , s. 2 and the schedule, for the territories to which this act extends w.e.f. . 2. subs. by s. 2 and the schedule, ibid., for the said territories w.e.f. .

section 52. of the administratorsgeneral act : 1 if any claim is hereafter made to any part of the assets transferred to the account and credit of the government under the provisions of this act, or any act hereby repealed, and if such claim is established to the satisfaction of the prescribed authority, the state government shall pay to the claimant the amount of the principal so transferred to its account and credit or so much thereof as has been found by the said authority to be due to the claimant. 2 if the claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such assets, apply by petition to the high court against the state government and such court, after taking such evidence as it thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal sum as it thinks fit, and such order shall be binding on all parties to the proceedings. 3 the high court may further direct by whom the whole or any part of the costs of each party shall be paid.

section 58. of the administratorsgeneral act : if the administratorgeneral applies in accordance with the provisions of the army and air force disposal of private property act, 40 of , or the navy act, 62 of , for letters of administration of the estate of any person subject to the army act, 46 of , or the air force act, 45 of , or the navy act, , the court may grant to him letters of administration limited to the purpose of dealing with such estate in accordance with the provisions of the army and air force disposal or private property act, , or, as the case may be, the navy act, .

section 53. of the administratorsgeneral act : nothing contained in the indian succession act, 39 of , or the companies act, 1 of , shall be taken to supersede or affect the rights, duties and privileges of any administratorgeneral.

section 61. of the administratorsgeneral act : the central government may, by notification in the official gazette, make rules as to the terms and conditions on which letters of administration may be granted to consular officers under section 56.

section 55.order of court to be equivalent to decree of the administratorsgeneral act : any order made under this act by any court shall have the same effect as a decree.

section 57. of the administratorsgeneral act : it shall not be necessary for the administratorgeneral to take out letters of administration of the estate of any deceased person which is being administered by him in accordance with the provisions of the army and air force disposal of private property act, 40 of , or the navy act, 62 of , if the value of such estate does not, on the date when such administration is committed to him, exceed rupees two thousand, but he shall have the same power in regard to such estate as he would have had if letters of administration had been granted to him.

section 63. of the administratorsgeneral act : every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by s. 4, ibid., for certain words w.e.f. .

section 59. of the administratorsgeneral act : nothing in this act shall be deemed to affect the provisions of the army and air force disposal of private property act, 40 of , or the navy act, 62 of .

section 60. of the administratorsgeneral act : nothing in this act shall be deemed to affect the provisions of the indian registration act, 16 of .

section 64. of the administratorsgeneral act : 1 the administratorgenerals act, 3 of , is hereby repealed. 2 without prejudice to the generality of the provisions of the general clauses act, 10 of , relating to the effect of repeals, the repeal effected by this section shall not affect the incorporation of any person holding the office of administratorgeneral at the commencement of this act. 3 notwithstanding anything contained in this section, the provisions of section 59b of the administratorgenerals act, 3 of , shall continue to apply as if that act had not been repealed.

section 62. of the administratorsgeneral act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act, and for regulating the proceedings of the administratorgeneral. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the accounts to be kept by the administratorgeneral and the audit and inspection thereof b the safe custody, deposit and investment of assets and securities which come into the hands of the administratorgeneral c the remittance of sums of money in the hands of the administrator general in cases in which such remittances are required d subject to the provisions of this act, the fees to be paid under this act and the collection and accounting for any such fees e the statements, schedules and other documents to be submitted to the state government or to any other authority by the administratorgeneral, and the publication thereof f the realization of the cost of preparing any such statements, schedules or other documents g the manner in which and the person by whom the costs of and incidental to any audit under the provisions of this act are to be determined and defrayed h the manner in which summonses issued under this act are to be served and the payment of the expenses of any person summoned or examined under the provisions of this act, and of any expenditure incidental to such examination and i any other matter which is required to be, or may be, prescribed under this act. 13 every rule made by the state government under this act shall be laid, as soon as may be after it is made before the state legislature. 1. ins. by act 18 of , s. 3 w.e.f. .

section 8. of the multimodal transportation of goods act : 1 every consignee named in the negotiable or nonnegotiable multimodal transport document and every endorsee of such document, as the case may be, to whom the property in the goods mentioned therein shall pass, upon or by reason of such consignment or endorsement, shall have all the rights and liabilities of the consignor. 2 nothing contained in subsection 1 shall prejudice or affect the right of the multimodal transport operator to claim freight from the consignor or enforce any liability of the consignee or endorsee by reason of his being such consignee or endorsee.

section 1. of the multimodal transportation of goods act : 1 this act may be called the multimodal transportation of goods act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 16th day of october, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the multimodal transportation of goods act : 1 where the consignor and the multimodal transport operator have entered into a contract for the multimodal transportation and the multimodal transport operator has taken charge of the goods, he shall, at the option of the consignor, issue a negotiable or nonnegotiable multimodal transport document: 1provided that the multimodal transport operator shall issue the multimodal transport document only after obtaining, and during the subsistence of a valid insurance cover. 2 the multimodal transport document shall be signed by the multimodal transport operator or by a person duly authorised by him. 1 . ins. by s. 5, ibid. w.e.f. .

section 3. of the multimodal transportation of goods act : no person shall carry on or commence the business of multimodal transportation unless he is registered under this act: provided that a person carrying on the business of multimodal transportation immediately before the commencement of this act, may continue to do so for a period of three months from such commencement and if he has made an application for registration within the said period, till the disposal of such application.

section 5. of the multimodal transportation of goods act : the competent authority may, if it is satisfied at any time after registration that a any statement in, or in relation to, any application under subsection 2 of section 4 or its renewal under subsection 5 of that section, is incorrect or false in any material particular or b any of the provisions of this act or the rules made thereunder has been contravened by the multimodal transport operator or c the multimodal transport operator has not entered into any multimodal transport contract during the preceding two years after his registration, cancel by order the certificate of registration: provided that no such registration shall be cancelled unless the multimodal transport operator has been given a reasonable opportunity of showing cause against the proposed action.

section 9. of the multimodal transportation of goods act : the multimodal transport document shall contain the following particulars, namely: 1a the general nature of the goods, the leading marks necessary for identification of the goods, the character of the goods including dangerous goods, the number of packages or units and the gross weight and quantity of the goods as declared by the consignor b apparent condition of the goods c the name and principal place of business of the multimodal transport operator d the name of the consignor e the name of the consignee, if specified by the consignor f the place and date of taking charge of the goods by the multimodal transport operator g the place of delivery of the goods 2h the date or the period of delivery of the goods by the multimodal transport operator as expressly agreed upon between the consignor and the multimodal transport operator i whether it is negotiable or nonnegotiable j the place and date of its issue 3k freight payable by the consignor or the consignee, as the case may be, to be mentioned only if expressly agreed by both the consignor and the consignee l the signature of the multimodal transport operator or of a person duly authorised by him m the intended journey route, modes of transport and places of transhipment, if known at the time of its issue n terms of shipment and a statement that the document has been issued subject to and in accordance with this act and o any other particular which the parties may agree to insert in the document, if any such particular is not inconsistent with any law for the time being in force: 4provided that the absence of any of the particulars listed above shall not affect the legal character of the multimodal transport document. 1 subs. by s. 6, ibid., for clause a w.e.f. . 2 subs. by act 44 of , s. 6, for clause h w.e.f. . 3 subs. by s. 6, ibid., for clause k w.e.f. . 4 ins. by s. 6, ibid. w.e.f .

section 2. of the multimodal transportation of goods act : in this act, unless the context otherwise requires, 1a carrier means a person who performs or undertakes to perform for hire, the carriage or part thereof, of goods by road, rail, inland waterways, sea or air b competent authority means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act c consignee means the person named as consignee in the multimodal transport contract d consignment means the goods entrusted to a multimodal transport operator for multimodal transportation e consignor means the person, named in the multimodal transport contract as consignor, by whom or on whose behalf the goods covered by such contract are entrusted to a multimodal transport operator for multimodal transportation f delivery means, i in the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it ii in the case of a nonnegotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorised by the consignee to accept delivery of the consignment on his behalf g endorsee means the person in whose favour an endorsement is made, and in the case of successive endorsements, the person in whose favour the last endorsement is made h endorsement means the signing by the consignee or the endorsee after adding a direction on a negotiable multimodal transport document to pass the property in the goods mentioned in such document to a specified person 2i goods means any property including live animals, containers, pallets or such other articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the deck j mode of transport means carriage of goods by 3road, air, rail inland waterways or sea 4k multimodal transportation means carriage of goods, by at least two different modes of transport under a multimodal transport contract, from the place of acceptance of the goods in india to a place of delivery of the goods outside india l multimodal transport contract means a contract under which a multimodal transport operator undertakes to perform or procure the performance of multimodal transportation against payment of freight la multimodal transport document means a negotiable or nonnegotiable document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages permitted by applicable law m multimodal transport operator means any person who i concludes a multimodal transport contract on his own behalf or through another person acting on his behalf ii acts as principal, and 5not as an agent either of the consignor, or consignee or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract and iii is registered under subsection 3 of section 4 n negotiable multimodal transport document means a multimodal transport document which is i made out to order or to bearer or ii made out to order and is transferable by endorsement or iii made out to bearer and is transferable without endorsement o nonnegotiable multimodal transport document means a multimodal transport document which indicates only one named consignee p prescribed means prescribed by rules made under this act q registration means registration of multimodal transport operator under subsection 3 of section 4 6r special drawing rights means such units of accounts as are determined by the international monetary fund s taking charge means that the goods have been handed over to and accepted for carriage by the multimodal transport operator. 1 subs. by act 44 of , s. 2, for clause a w.e.f . 2 subs. by s. 2, ibid., for clause i w.e.f . 3 subs. by s. 2, ibid., for road, rail w.e.f. . 4 subs. by act of 44 of , s. 2, for clauses k and l w.e.f. . 5 subs. by s. 2, ibid., for not as an agent either of the consignor or of the carrier w.e.f. . 6 ins. by s. 2, ibid. w.e.f. .

section 4. of the multimodal transportation of goods act : 1 any person may apply for registration to the competent authority to carry on or commence the business of multimodal transportation. 2 an application under subsection 1 shall be made in such form as may be prescribed and shall be accompanied by a fee of ten thousand rupees. 3 on receipt of the application, the competent authority shall satisfy that the applicant fulfils the following conditions, namely: 1a i that the applicant is a company, firm or proprietary concern, engaged either in the business of shipping, or freight forwarding in india or abroad with a minimum annual turnover of fifty lakh rupees during the immediately preceding financial year or an average annual turnover of fifty lakh rupees during the preceding three financial years as certified by a chartered accountant within the meaning of the chartered accountants act, 38 of ii that if the applicant is a company, firm or proprietary concern other than a company, firm or proprietary concern, specified in subclause i, the subscribed share capital of such company or the aggregate balance in the capital account of partners of the firm, or the capital of the proprietor is not less than fifty lakh rupees b that the applicant has offices or agents or representatives in not less than two other countries, and on being so satisfied, register the applicant as a multimodal transport operator and grant a certificate to it to carry on or commence the business of multimodal transportation: provided that the competent authority may, for reasons to be recorded in writing, refuse to grant registration if it is satisfied that the applicant does not fulfil the said conditions: 2provided further that any applicant who is not a resident of india and who is not engaged in the business of shipping shall not be granted registration unless he has established a place of business in india: provided also that in respect of any applicant who is not a resident of india, the turnover may be certified by any authority competent to certify the accounts of a company in that country. 34 a certificate granted under subsection 3 shall be valid for a period of three years and may be renewed from time to time for a further period of three years at a time. 5 an application for renewal shall be made in such form as may be prescribed and shall be accompanied by such amount of fees as may be notified by the central government: provided that such fees shall not be less than rupees ten thousand and shall not exceed rupees twenty thousand. 6 the competent authority shall renew the registration certificate granted under subsection 3 if the applicant continues to fulfil the conditions as laid down at the time of registration. 1 subs. by act 44 of , s. 3, for clause a w.e.f. . 2 ins. by s. 3, ibid. w.e.f. . 3 subs. by s. 3, ibid., for subsections 4 and 5 w.e.f. .

section 12. of the multimodal transportation of goods act : 1 the consignor shall be deemed to have guaranteed to the multimodal transport operator the adequacy and accuracy, at the time the multimodal transport operator takes charge of the goods, of the particulars referred to in clauses a and b of section 9 as furnished by the consignor for insertion in the multimodal transport document. 2 the consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars referred to in subsection 1. 3 the right of the multimodal transport operator under subsection 2 shall in no way limit his liability under the multimodal transport contract to any person other than the consignor.

section 6. of the multimodal transportation of goods act : 11 any person aggrieved by, refusal of the competent authority to grant or renew registration under section 4 or by cancellation of registration under section 5, may prefer an appeal to the central government within such period as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the prescribed period: provided that an appeal may be admitted after the expiry of the prescribed period if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and on payment of such fees as may be prescribed and shall be accompanied by a copy of the order appealed against. 4 on receipt of any such appeal, the central government shall, after giving the parties a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order as it thinks fit. 1 subs. by act 44 of , s. 4, for subsection 1 w.e.f .

section 15. of the multimodal transportation of goods act : where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is known, then the limit of the liability of the multimodal transport operator for such loss or damage shall be determined in accordance with the provisions of the relevant law applicable in relation to the mode of transport during the course of which the loss or damage occurred and any stipulation in the multimodal transport contract to the contrary shall be void and unenforceable: 1provided that the multimodal transport operator shall not be liable for any loss, damage or delay in delivery due to a cause for which the carrier is exempted from liability in accordance with the applicable law. 1. ins. by s. 9, ibid. w.e.f. .

section 11. of the multimodal transportation of goods act : save as provided in section 10, a the multimodal transport document shall be prima facie evidence of the fact that the multimodal transport operator has taken charge of the goods as described in the document and b no proof to the contrary by the multimodal transport operator shall be admissible if the multimodal transport document is issued in negotiable form and has been transmitted to the consignee or transferred by the consignee to a third party, if the consignee or the third party has acted in good faith relying on the description of the goods in the document.

section 14. of the multimodal transportation of goods act : 1 where a multimodal transport operator becomes liable for any loss of, or damage to, any consignment, the nature and value whereof have not been declared by the consignor before such consignment has been taken in charge by the multimodal transport operator and the stage of transport at which such loss or damage occurred is not known, then the liability of the multimodal transport operator to pay compensation shall not exceed two special drawing rights per kilogram of the gross weight of the consignment lost or damaged or 666.67 special drawing rights per package or unit lost or damaged, whichever is higher. 1explanation. for the purpose of this subsection, where a container, pallet or similar article is stuffed with more than one package or units, the packages or units enumerated in the multimodal transport document, as packed in such container, pallet or similar article of transport shall be deemed as packages or units. 2 notwithstanding anything contained in subsection 1, if the multimodal transportation does not, according to the multimodal transport contract, include carriage of goods by sea or by inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 special drawing rights per kilogram of the gross weight of the goods lost or damaged. 1 subs. by s. 8, ibid., for the explanation w.e.f. .

section 10. of the multimodal transportation of goods act : 1 where the multimodal transport operator or a person acting on his behalf knows, or has reasonable grounds to suspect, that the particulars furnished by the consignor in the multimodal transport document do not accurately represent the goods actually taken in charge, or if he has no reasonable means of checking such particulars, the multimodal transport operator or a person acting on his behalf shall insert in the multimodal transport document a reservation specifying the inaccuracies, if any, the grounds of suspicion or the absence of reasonable means of checking the particulars. 2 where the multimodal transport operator or a person acting on his behalf fails to insert the reservation in the multimodal transport document relating to the apparent condition of the goods, he shall be deemed to have accepted the goods in apparent good condition.

section 13. of the multimodal transportation of goods act : 1 the multimodal transport operator shall be liable for loss resulting from a any loss of, or damage to, the consignment b delay in delivery of the consignment and any consequential loss or damage arising from such delay, where such loss, damage or delay in delivery took place while the consignment was in his charge: provided that the multimodal transport operator shall not be liable if he proves that no fault or neglect on his part or that of his servants or agents had caused or contributed to such loss, damage or delay in delivery: 1provided further that the multimodal transport operator shall not be liable for loss or damage arising out of delay in delivery including any consequential loss or damage arising from such delay unless the consignor had made a declaration of interest in timely delivery which has been accepted by the multimodal transport operator. explanation. for the purposes of this subsection, delay in delivery shall be deemed to occur when the consignment has not been delivered within the time expressly agreed upon or, in the absence of such agreement, within a reasonable time required by a diligent multimodal transport operator, having regard to the circumstances of the case, to effect the delivery of the consignment. 2 if the consignment has not been delivered within ninety consecutive days following the date of delivery expressly agreed upon or the reasonable time referred to in the explanation to subsection 1, the claimant may treat the consignment as lost. 1. subs. by act 44 of , s. 7, for the second proviso w.e.f. .

section 18. of the multimodal transportation of goods act : the multimodal transport operator shall not be entitled to the benefit of limitation of liability under any of the provisions of this chapter if it is proved that the loss, damage or delay in delivery of consignment resulted from an act or omission of the multimodal transport operator with intent to cause such loss, damage or delay or recklessly and with knowledge that such loss, damage or delay would probably result.

section 16. of the multimodal transportation of goods act : where delay in delivery of the consignment occurs under any of the circumstances mentioned in the explanation to subsection 1 of section 13, or any consequential loss or damage arises from such delay, then the liability of the multimodal transport operator shall be limited to the freight payable for the consignment so delayed.

section 17. of the multimodal transportation of goods act : 1 assessment of compensation for loss of, or damage to, the consignment shall be made with reference to the value of such consignment at the place where, and the time at which, such consignment is delivered to the consignee or at the place and time when, in accordance with the multimodal transport contract, it should have been delivered. 2 the value of the consignment shall be determined according to the current commodity exchange price, or, if there is no such price, according to the current market price, or, if the current market price is not ascertainable, with reference to the normal value of a consignment of the same kind and quantity.

section 22. of the multimodal transportation of goods act : 1 the multimodal transport operator who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in his possession. 2 notwithstanding anything contained in sections 13, 16 and 18, the period during which the goods are in possession of the multimodal transport operator in exercise of his right of lien referred to in subsection 1 shall not be included for the purposes of calculating the time of delay under any of those sections.

section 19. of the multimodal transportation of goods act : the multimodal transport operator shall not, in any case, be liable for an amount greater than the liability for total loss of goods for which a person will be entitled to make a claim against him under the provisions of this act.

section 20a. of the multimodal transportation of goods act : 120a. period of responsibility. the responsibility of the multimodal transport operator for the goods under this act shall cover the period from the time he has taken the goods in his charge to the time of their delivery. 1. ins. by act 44 of , s. 10 w.e.f. .

section 20. of the multimodal transportation of goods act : 1 the delivery of the consignment to the consignee by the multimodal transport operator shall be treated as prima facie evidence of delivery of the goods as described in the multimodal transport document unless notice of the general nature of loss of, or damage to, the goods is given, in writing, by the consignee to the multimodal transport operator at the time of handing over of the goods to the consignee. 2 where the loss or damage is not apparent, the provisions of subsection 1 shall apply unless notice in writing is given by the consignee of the loss of, or damage to, the goods within six consecutive days after the day when the goods were handed over to the consignee.

section 26. of the multimodal transportation of goods act : 1 the parties to a multimodal transport contract may provide therein that any dispute which may arise in relation to multimodal transportation under the provisions of this act shall be referred to arbitration. 2 the arbitration proceeding may be instituted at such place or in accordance with such procedure as may be specified in the multimodal transport document.

section 21. of the multimodal transportation of goods act : 1 where the consignor hands over the prescribed dangerous goods to a multimodal transport operator or any person acting on behalf of such operator, the consignor shall inform him of the nature of the dangerous goods and, if necessary, the precautions to be taken while transporting such goods. 2 where the consignor fails to inform the multimodal transport operator or the other person acting on behalf of such operator of the nature of the dangerous goods and such operator or person does not otherwise have knowledge of the dangerous goods a the consignor shall be liable to the multimodal transport operator or the other person acting on behalf of such operator for all loss resulting from the multimodal transportation of such goods and b the goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require, without payment of compensation.

section 23. of the multimodal transportation of goods act : notwithstanding anything contained in any other provision of this act, it shall be lawful for the parties to the multimodal transport contract to include in the multimodal transport document any provision relating to general average. explanation. for the purposes of this section, general average means loss, damage or expense reasonably incurred in order to avert danger to property in common peril and in the common interest involved in the multimodal transportation.

section 24. of the multimodal transportation of goods act : the multimodal transport operator shall not be liable under any of the provisions of this act unless action against him is brought within nine months of a the date of delivery of the goods, or b the date when the goods should have been delivered, or c the date on and from which the party entitled to receive delivery of the goods has the right to treat the goods as lost under subsection 2 of section 13.

section 25. of the multimodal transportation of goods act : any party to the multimodal transport contract may institute an action in a court which is competent and within the jurisdiction of which is situated one of the following places, namely: a the principal place of business, or, in the absence thereof, the habitual residence, of the defendant or b the place where the multimodal transport contract was made, provided that the defendant has a place of business, branch or agency at such place or c the place of taking charge of the goods for multimodal transportation or the place of delivery thereof or d any other place specified in the multimodal transport contract and evidenced in the multimodal transport document.

section 27. of the multimodal transportation of goods act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act, except the power under section 30, shall, in such circumstances and subject to such conditions, if any, as may be specified therein, be exercisable also by such officer or authority as may be specified in the notification.

section 32. of the multimodal transportation of goods act : 1 the multimodal transportation of goods ordinance, ord. 6 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 28. of the multimodal transportation of goods act : no person registered as a multimodal transport operator shall enter into any contract for multimodal transportation except in accordance with the provisions of this act and any contract, to the extent it is inconsistent with the said provisions, shall be void and unenforceable.

section 29. of the multimodal transportation of goods act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 30. of the multimodal transportation of goods act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely: a the forms in which applications shall be made under section 4 b the period within which appeal shall be preferred under subsection 1 of section 6 c the form in which an appeal shall be preferred under section 6 and the amount of fee payable in respect of such appeal d dangerous goods for the purpose of section 21 e any other matter which is to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 31. of the multimodal transportation of goods act : 31. amendment of certain enactments. rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 7a. of the companies profits surtax act : 17a. advance payment of surtax.1 in this section, a chargeable amount, in relation to any previous year, means so much of the chargeable profits of the previous year as exceed the statutory deduction b current chargeable amount, in relation to the advance surtax payable by a company during any financial year, means the chargeable amount of the company of the period which would be the previous year for the assessment year immediately following that financial year. 2 surtax shall be payable, in accordance with the provisions of this section, in advance during the financial year in respect of the chargeable amount of the period which would be the previous year for the immediately following assessment year. 3 the amount of advance surtax payable by an assessee in the financial year shall be computed as follows: a the chargeable amount of the latest previous year in respect of which the assessee has been assessed by way of regular assessment shall first be ascertained b in a case where the chargeable amount of the latest previous year being a year later than the previous year referred to in clause a on the basis of which a provisional assessment has been made under section 7 exceeds the chargeable amount referred to in clause a, the chargeable amount referred to in clause a shall be substituted by the chargeable amount on the basis of which such provisional assessment has been made c surtax shall be calculated on the chargeable amount referred to in clause a or, as the case may be, in clause b, at the rates specified in the third schedule. 4 subject to the provisions of this section, advance surtax shall be payable in three equal instalments on the following dates during the financial year, namely: a the 15th day of june, the 15th day of september and the 15th day of december, in the case of an assessee whose chargeable amount to the extent of 75 per cent. thereof or more is derived from a source or sources for which the previous year relevant to the assessment year next following the financial year aforesaid ends on or before the 31st day of december b the 15th day of september, the 15th day of december and the 15th day of march, in any other case: provided that where, in respect of any class of assessees, the board has, in exercise of the powers conferred by the proviso to subsection 1 of section 211 of the incometax act, authorised the payment of the last instalment of advance tax on the 15th day of march during the financial year instead of on the 15th day of december, the last instalment of advance surtax in the case of such assessees shall also be payable on the 15th day of march during the financial year. 5 every company shall, in each financial year, on or before the date on which the first instalment, or where it has not previously been assessed by way of regular assessment under this act, on or before the date on which the last instalment, of advance surtax is due in its case under subsection 4, if it is likely to have any current chargeable amount, send to the 2assessing officer, a where it has been previously assessed by way of regular assessment under this act, a statement of advance surtax payable by it computed in the manner laid down in subsection 3, or b where it has not previously been assessed by way of regular assessment under this act, an estimate of i the current chargeable amount, and ii the advance surtax payable by it on the amount specified in i above calculated in the,manner laid down in subsection 3, and shall pay such amount of advance surtax, i in a case falling under clause a, as accords with the statement in equal instalments on the dates applicable in its case under subsection 4 and ii in a case falling under clause b, as accords with the estimate in equal instalments on such of the dates applicable in its case as have not expired, or in one sum if only the last of such dates has not expired. 6 where a company which is required to send a statement under clause a of subsection 5 estimates on or before the date on which the first instalment of advance surtax is due in its case under subsection 4 that, by reason of its current chargeable amount being likely to be less than the chargeable amount on which advance surtax is payable by it under subsection 5 or for any other reason, the amount of advance surtax computed in the manner laid down in subsection 3 on the current chargeable amount would be less than the amount of advance surtax payable by it under subsection 5, it may send to the 3assessing officer, in lieu of such statement, an estimate of i the current chargeable amount, and ii the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in subsection 3, and shall pay such amount of advance surtax as accords with its estimate in equal instalments on the dates applicable in its case under subsection 4. 7 where a company which has sent a statement under clause a of subsection 5 estimates on or before the date on which the last instalment of advance surtax is due in its case that, by reason of its current chargeable amount being likely to be less than the chargeable amount on which advance surtax is payable by it under subsection 5 or for any other reason, the amount of advance surtax computed in the manner laid down in subsection 3 on the current chargeable amount would be less than the amount of advance surtax payable by it under subsection 5, it may, at its option, send to the 3assessing officer an estimate o i the current chargeable amount, and ii the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in subsection 3, and shall pay such amount of advance surtax as accords with its estimate in equal instalments on such of the dates applicable in its case under subsection 4 as have not expired, or in one sum if only the last of such dates has not expired. 8 in the case of any company which is liable to pay advance surtax under subsection 5 or subsection 6 or, as the case may be, subsection 7, if, by reason of the current chargeable amount being likely to be greater than the chargeable amount on which the advance surtax so payable by it has been computed or for any other reason, the amount of advance surtax computed in the manner laid down in subsection 3 on the current chargeable amount which shall be estimated by the company exceeds the amount of advance surtax so payable by it by more than twenty per cent. of the latter amount, it shall, on or before the date on which the last instalment of advance surtax is payable by it, send to the 3assessing officer an estimate of i the current chargeable amount, and ii the advance surtax payable by it on the current chargeable amount calculated in the manner laid down in subsection 3, and shall pay such amount of advance surtax as accords with its estimate on such of the dates applicable in its case under subsection 4 as have not expired, by instalments which may be revised according to subsection 9: provided that where in respect of any company the commissioner has, in exercise of the powers conferred by the first proviso to subsection 4 of section 209a, or the first proviso to subsection 3a of section 212, of the incometax act, extended the date for furnishing the estimate referred to in the said subsection 4 or, as the case may be, the said subsection 3a and the company has paid the advance surtax which it is liable to pay under subsection 5 or subsection 6 or, as the case may be, subsection 7 on or before the date on which the last instalment of advance surtax is due in its case, the company shall pay, on or before the date as so extended, the amount by which the advance surtax already paid by it falls short of the advance surtax payable in accordance with its estimate. 9 the company may send a revised estimate of the advance surtax payable by it on or before any one of the dates specified in subsection 4 and adjust any excess or deficiency in respect of any instalment already paid in a subsequent instalment or in subsequent instalments. 10 every statement or estimate under this section shall be sent in the prescribed form and verified in the prescribed manner. 1. ins. by act 16 of , s. 36 w.e.f.. 2. subs. by act 4 of , s.187, for incometax officer w.e.f.. 3. subs. by act 4 of , s.187, for incometax officer w.e.f. .

section 1. of the companies profits surtax act : 1 this act may be called the companies profits surtax act, . 2 it extends to the whole of india.

section 2. of the companies profits surtax act : in this act, unless the context otherwise requires, 1 1 advance surtax means the surtax payable under section 7a 2 1a assessee means a person by whom surtax or any other sum of money is payable under this act and includes every person in respect of whom any proceeding under this act has been taken for the assessment of his chargeable profits or of the amount of refund due to him or of the chargeable profits of any other person in respect of which he is assessable or of the amount of refund due to such other person 2 assessment includes reassessment 3 assessment year means the period of twelve months commencing on the 1st day of april, every year 4 board means the central board of direct taxes constituted under the central boards of revenue act, 54 of 5 chargeable profits means the total income of an assessee computed under the incometax act, 43 of for any previous year or years, as the case may be, and adjusted in accordance with the provisions of the first schedule 6 incometax act means the incometax act, 43 of 7 prescribed means prescribed by rules made under this act 1 7a regular assessment means as assessment made under section 6 8 statutory deduction means an amount equal to 3 fifteen per cent. of the capital of the company as computed in accordance with the provisions of the second schedule, or an amount of two hundred thousand rupees, whichever is greater: provided that where the previous year is longer or shorter than a period of twelve months, the aforesaid amount of 3 fifteen per cent. or, as the case may be, of two hundred thousand rupees shall be increased or decreased proportionately: provided further that where a company has different previous years in respect of its income, profits and gains, the aforesaid increase or decrease, as the case may be, shall be calculated with reference to the length of the previous year of the longest duration and 9 all other words and expressions used herein but not defined and defined in the incometax act shall have the meanings respectively assigned to them in that act. 1. ins. by act 16 of , s. 35 w.e.f. . 2. clause 1 renumbered as clause 1a thereof by s. 35, ibid. w.e.f. . 3. subs. by act 66 of , s. 29, for ten per cent. w.e.f. .

section 7. of the companies profits surtax act : 1 the 1assessing officer, before proceeding to make an assessment under section 6 in this section referred to as the regular assessment may, at any time after the expiry of the period allowed under subsection 1 or subsection 2 of section 5 for the furnishing of the return and whether the return has or has not been furnished, proceed to make in a summary manner a provisional assessment of the chargeable profits and the amount of the surtax payable thereon. 2 before making such provisional assessment, the 1assessing officer shall give notice in the prescribed form to the person on whom the provisional assessment is to be made of his intension to do so, and shall with the notice forward a statement of the amount of the proposed assessment, and the said person shall be entitled to deliver to the 1assessing officer at any time within fourteen days of the service of the said notice a statement of his objections, if any, to the amount of the proposed assessment. 3 on expiry of the said fourteen days from the date of service of the notice referred to in subsection 2, or earlier, if the assessee agrees to the proposed provisional assessment, the 1assessing officer may, after taking into account the objections, if any, made under subsection 2, make a provisional assessment, and shall furnish a copy of the order of the assessment to the assessee: provided that assent to the amount of the provisional assessment, or failure to make objection to it, shall in no way prejudice the assessee in relation to the regular assessment. 4 there shall be no right of appeal against a provisional assessment made under this section. 5 after a regular assessment has been made, any amount paid or deemed to have been paid towards the provisional assessment made under this section shall be deemed to have been paid towards the regular assessment and where the amount paid or deemed to have been paid towards the provisional assessment exceeds the amount payable under the regular assessment, the excess shall be refunded to the assessee. 1. subs. by act 4 of , s.187, for incometax officer w.e.f..

section 7b. of the companies profits surtax act : 17b. interest payable by government.the central government shall pay simple interest at 2fifteen per cent. per annum on the amount by which the aggregate sum of any installments of advance tax paid during any financial year in which they are payable under section 7a exceeds the amount of the tax determined on regular assessment, from the 1st day of april next following the said financial year to the date of the regular assessment for the assessment year immediately following the said financial year. 1. ins. by act 16 of , s. 36 w.e.f.. 2. subs. by act 67 of , s.77, for twelve per cent. w.e.f. .

section 3. of the companies profits surtax act : 13. tax authorities.1 the incometax authorities specified in section 116 of the incometax act shall be the authorities for the purposes of this act and every such authority shall exercise the powers and perform the functions of a tax authority under this act in respect of any company, and for this purpose his jurisdiction under this act shall be the same as he has under the incometax act by virtue of orders or directions issued under section 120 of that act including orders or directions assigning concurrent jurisdiction or under any other provision of that act. 2 the board may, from time to time, issue such orders, instructions and directions to other tax authorities as it may deem fit for the proper administration of this act, and such authorities and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued a so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the commissioner appeals in the exercise of his appellate functions. 1. subs. by act 4 of , s. 188, for s. 3 w.e.f. .

section 4. of the companies profits surtax act : subject to the provisions contained in this act, there shall be charged on every company for every assessment year commencing on and from the first day of april, , 1but before the first day of april, a tax in this act referred to as the surtax in respect of so much of its chargeable profits of the previous year or previous years, as the case may be, as exceed the statutory deduction, at the rate or rates specified in the third schedule. 1. ins. by act 23 of , s. 47 w.e.f.

section 7c. of the companies profits surtax act : 17c. interest payable by assessee.1 where, in any financial year, a company has paid advance surtax under section 7a on the basis of its own estimate including revised estimate, and the advance surtax so paid is less than eightythree and onethird per cent. of the assessed surtax, simple interest at the rate of 2fifteen per cent. per annum from the 1st day of april next following the said financial year up to the date of the regular assessment shall be payable by the company upon the amount by which the advance surtax so paid falls short of the assessed surtax. 2 where, on making the regular assessment, the 3assessing officer finds a that any such company as is referred to in clause a of subsection 5 of section 7a has not sent the statement referred to in that clause or the estimate in lieu of such statement referred to in subsection 6 of that section or b that any such company as is referred to in clause b of subsection 5 of section 7a has not sent the estimate referred to in that clause. simple interest at the rate of 2fifteen per cent. per annum from the 1st day of april next following the financial year in which the advance surtax was payable in accordance with the said subsection 5 or subsection 6 up to the date of the regular assessment shall be payable by the company upon the amount equal to the assessed surtax. 3 where, on making the regular assessment, the 3assessing officer finds that any company which is required to send an estimate under subsection 8 of section 7a has not sent the estimate referred to therein, simple interest at the rate of 2fifteen per cent. per annum from the 1st day of april next following the financial year in which the advance surtax was payable in accordance with the said subsection 8 up to the date of the regular assessment shall be payable by the company upon the amount by which the advance surtax paid by it falls short of the assessed surtax. 4 notwithstanding anything contained in the foregoing subsections, where provisional assessment is made under section 7 i interest shall be calculated in accordance with the provisions of subsection 1 or subsection 2 or, as the case may be, subsection 3 up to the date on which the surtax provisionally assessed is paid and ii thereafter interest shall be calculated at the rate of 2fifteen per cent. per annum on the amount by which the surtax provisionally assessed falls short of the assessed surtax. 5 in such cases and under such circumstances as may be prescribed, the 3assessing officer may reduce or waive the interest payable by the company under this section. 6 where, as a result of an order under section 11, or section 12, or section 13, or section 17, or section 18 read with section 260 or section 262 of the incometax act, the amount on which interest was payable under this section has been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded. 7 in this section and section 9a, assessed surtax means the surtax determined on the basis of the regular assessment without making any deduction therefrom. 1. ins. by act 16 of , s. 36 w.e.f.. 2. subs. by act 67 of , s.77, for twelve per cent. w.e.f. . 3. subs. by act 4 of , s.187, for incometax officer w.e.f. .

section 5. of the companies profits surtax act : 1 in the case of every company whose chargeable profits assessable under this act exceeded during the previous year the amount of statutory deduction, its principal officer, or where in the case of a nonresident company any person has been treated as its agent under section 163 of the incometax act, such person, shall furnish a return of the chargeable profits of the company during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the 30th day of september of the assessment year: provided that on an application made in this behalf, the 1assessing officer may, in his discretion, extend the date for the furnishing of the return. 2 in the case of any company which in the 1assessing officer opinion is assessable under this act, the 1assessing officer may, before the end of the relevant assessment year, serve a notice upon its principal officer, or where in the case of a nonresident company any person has been treated as its agent under section 163 of the incometax act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the chargeable profits of the company during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: provided that on an application made in this behalf, the 1assessing officer may, in his discretion, extend the date for the furnishing of the return. 3 any assessee who has not furnished a return during the time allowed under subsection 1 or subsection 2, or having furnished a return under subsection 1 or subsection 2 discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made. 1. subs. by act 4 of , s. 187, for incometax officer w.e.f..

section 6. of the companies profits surtax act : 1 for the purposes of making an assessment under this act, the 1assessing officer may serve on any, person who has furnished a return under subsection 1 of section 5 or upon whom a notice has been served under subsection 2 of section 5 whether a return has been furnished or not a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or evidence as the 2assessing officer may require for the purposes of this act and may from time to time serve further notices requiring the production of such further accounts or documents or other evidence as he may require. 2 the 2assessing officer, after considering such accounts, documents or evidence, if any, as he has obtained under subsection 1 and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable profits and the amount of the surtax payable on the basis of such assessment. 1. subs. by act 4 of , s. 187, for incometax officer w.e.f.. 2. subs. by act 4 of , s.187, for incometax officer w.e.f..

section 9a. of the companies profits surtax act : 19a. false estimate of, or failure to pay, advance surtax.1 if 2assessing officer, in the course of any proceedings in connection with the regular assessment for any assessment year, is satisfied that any assessee a has furnished under clause a of subsection 5 of section 7a a statement of advance surtax payable by him which he knew or had reason to believe to be untrue, or b has without reasonable cause failed to furnish a statement of the advance surtax payable by him in accordance with the provisions of clause a of subsection 5 of section 7a, he may direct that such assessee shall, in addition to the amount of surtax, if any, payable by him, pay by way of penalty a sum i which, in the case referred to in clause a, shall not be less than ten per cent. but shall not exceed one and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7a falls short of 1 eightythree and onethird percent. of the assessed surtax, or 2 the amount which would have been payable by way of advance surtax if the assessee had furnished a correct and complete statement in accordance with the provisions of clause a of subsection 5 of section 7a, whichever is less ii which, in the case referred to in clause b, shall not be less than ten per cent. but shall not exceed one and a half times of eightythree and onethird per cent. of the assessed surtax. 2 if the 2assessing officer, in the course of any proceedings in connection with the regular assessment for any assessment year, is satisfied that any assessee a has furnished under clause b of subsection 5 or subsection 6 or subsection 7 or subsection 9 of section 7a, an estimate of the advance surtax payable by him which he knew or had reason to believe to be untrue, or b has furnished under subsection 8 of section 7a, an estimate of the advance surtax payable by him which he knew or had reason to believe to be untrue, or c has without reasonable cause failed to furnish an estimate of the advance surtax payable by him in accordance with the provisions of clause b of subsection 5 of section 7a, or d has without reasonable cause failed to furnish an estimate of advance surtax payable by him in accordance with the provisions of subsection 8 of section 7a, he may direct that such assessee shall, in addition to the amount of surtax, if any, payable by him, pay by way of penalty a sum i which, in the case referred to in clause a, shall not be less than ten per cent. but shall not exceed one and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7a falls short of 1 eightythree and onethird per cent. of the assessed surtax, or 2 where a statement under clause a of subsection 5 of section 7a was furnished by the assessee, the amount payable under such statement, whichever is less ii which, in the case referred to in clause b, shall not be less than ten per cent. but shall not exceed one and a half times the amount by which the surtax actually paid during the financial year immediately preceding the assessment year under the provisions of section 7a falls short of eightythree and onethird per cent. of the assessed surtax iii which, in the case referred to in clause c, shall not be less than ten per cent. but shall not exceed one and a half times of eightythree and onethird per cent. of the assessed surtax and iv which, in the case referred to in clause d, shall not be less than ten per cent. but shall not exceed one and a half times the amount of surtax payable in accordance with a statement under clause a or an estimate under clause b of subsection 5 of section 7a or an estimate in lieu of a statement under subsection 6 of that section falls short of eightythree and onethird per cent. of the assessed surtax. explanation.where the 3chief commissioner or commissioner has, in exercise of the powers conferred by the first proviso to subsection 4 of section 209a, or the first proviso to subsection 3a of section 212, of the incometax act, extended the date for furnishing the estimate referred to in the said subsection 4 or, as the case may be, the said subsection 3a and the date so extended falls beyond the financial year immediately preceding the assessment year, then, the amount of surtax paid by the assessee on or before the date so extended shall, for the purposes of clause ii of subsection 2 also be regarded as surtax actually paid during that financial year. 1. ins. by act 16 of , s. 37 w.e.f. . 2. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 3. subs. by act 4 of , s. 187, for commissioner w.e.f. .

section 7d. of the companies profits surtax act : 17d. interest payable by assessee in case of underestimate, etc.where, on making the regular assessment, the 2assessing officer finds that any company has under section 7a underestimated the advance surtax payable by it and thereby reduced the amount payable in either of the first two instalments, he may direct that the company shall pay simple interest at 3fifteen per cent. per annum for the period during which the payment was deficient, on the difference between the amount paid in each such instalment and the amount which should have been paid, having regard to the aggregate advance surtax actually paid during the year. explanation.for the purposes of this section, any instalment due before the expiry of six months from the commencement of the previous year in respect of which it is to be paid shall be deemed to have become due fifteen days after the expiry of the said six months. 1. ins. by act 16 of , s. 36 w.e.f.. 1. subs. by act 4 of , s.187, for incometax officer w.e.f. . 2. subs. by act 67 of , s. 77, for twelve per cent. w.e.f. .

section 9. of the companies profits surtax act : if the 1assessing officer, in the course of any proceedings under this act, is satisfied that any person has, without reasonable cause, failed to furnish the return required under section 5, or to produce or cause to be produced the accounts, documents or other evidence required by the 1assessing officer under subsection 1 of section 6, or has concealed the particulars of the chargeable profits or has furnished inaccurate particulars of such profits, he may direct that such person shall pay, by way of penalty, in addition to the amount of surtax payable, a sum not exceeding a where the person has failed to furnish the return required under section 5, the amount of 2surtax chargeable under the provisions of this act b in any other case, the amount of surtax which would have been avoided if the return made had been accepted as correct: provided that the 1assessing officer shall not impose any penalty under this section without the previous authority of the 3deputy commissioner. 1. subs. by act 4 of , s.187, for incometax officer w.e.f. . 2. subs. by act 26 of , s. 20, for surtax payable retrospectively. 3. subs. by act 4 of , s. 187, for inspecting assistant commissioner w.e.f. .

section 8. of the companies profits surtax act : if a the 1assessing officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 5 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable profits for that year have escaped assessment or have been underassessed or assessed at too low a rate or have been made the subject of excessive relief under this act, or b notwithstanding that there has been no omission or failure as mentioned in clause a on the part of the assessee, the 1assessing officer has in consequence of information in his possession reason to believe that chargeable profits assessable for any assessment year have escaped assessment or have been underassessed or assessed at too low a rate or have been the subject of excessive relief under this act, he may, in cases falling under clause a at any time, and in cases falling under clause b at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5, and may proceed to assess or reassess the amount chargeable to surtax, and the provisions of this act shall, so far as may be, apply as if the notice were a notice issued under that section. 1. subs. by act 4 of , s.187, for incometax officer w.e.f. .

section 10. of the companies profits surtax act : no order imposing a penalty under section 9 1or section 9a shall be made unless the assessee has been given a reasonable opportunity of being heard. 1. ins. by act 16 of , s. 38 w.e.f. .

section 11. of the companies profits surtax act : 11. appeals to the 1commissioner appeals. 1 any person objecting to the amount of surtax for which he is liable as assessed by the 4assessing officer or denying his liability to be assessed under this act, or objecting to any penalty or fine imposed by the 2assessing officer, 3 or objecting to the interest levied by the 2assessing officer under section 7d or to the amount allowed by the 2 assessing officer by way of any relief under any provisions of this act, or to any refusal by the 2 assessing officer to grant relief or to an order of rectification or amendment having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 13 or amendment under section 14 may appeal to the 1commissioner appeals. 2 every appeal shall be in the prescribed form and shall be verified in the prescribed manner. 3 an appeal shall be presented within thirty days of the following date, that is to say a where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or b in any other case, the date on which the intimation of the order sought to be appealed against is served: provided that the 1commissioners appeals may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. 4 the 1commissioner appeals shall hear and determine the appeal and, subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. 5 the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to incometax. 1. subs. by act 29 of , s. 39 and the fifth sch., for appellate assistant commissioner w.e.f. . 2. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 3. ins. by act 16 of , s. 39 w.e.f. .

section 11a. of the companies profits surtax act : 1 11a. transfer of certain pending appeals. every appeal under this act which is pending immediately before the appointed day before an appellate assistant commissioner or a commissioner and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the commissioner appeals and the commissioner appeals may proceed with such appeal or matter from, the stage at which it was on that day: provided that the appellant may demand that before proceeding further with the appeal or matter the previous proceeding or any part thereof be reopened or that he be reheard. explanation.in this section, appointed day means the date appointed under section 39 of the finance no. 2 act, . 1. ins. by act 29 of , s. 39 and the fifth sch. w.e.f. .

section 15. of the companies profits surtax act : notwithstanding anything contained in clause i of section 109 of the incometax act, in computing the distributable income of a company for the purpose of chapter xid of that act, the surtax payable by the company for any assessment year shall be deductible from the total income of the company assessable for that assessment year.

section 12. of the companies profits surtax act : 1 any assessee aggrieved by an order passed by a 1chief commissioner or commissioner under section 16, or an order passed by 2commissioner appeals under any provision of this act, may appeal to the appellate tribunal against such order. 2 the 1chief commissioner or commissioner may, if he objects to any order passed by the 2commissioner appeals under any provision of this act, direct the 3assessing officer to appeal to the appellate tribunal against the order. 3 every appeal under subsection 1 or subsection 2 shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the 1chief commissioner or commissioner, as the case may be. 4 the 3 assessing officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the 3commissioner appeals has been preferred under subsection 1 or subsection 2 by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of crossobjections, verified in the prescribed manner, against any part of the order of the 2commissioner appeals and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 6 an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4, be accompanied by 4a fee of 5two hundred rupees. 7 subject to the provisions of this act, in hearing and making an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the incometax act. 1. subs. by act 4 of , s. 187, for commissioner w.e.f. . 2. subs. by act 29 of , s. 39 and the fifth sch. for appellate assistant commissioner w.e.f. . 3. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 4. subs. by act 42 of , s. 72, for a fee of one hundred rupees w.e.f. . 5. subs. by act 16 of , s. 40, for certain words w.e.f. .

section 13. of the companies profits surtax act : 1 with a view to rectifying any mistake apparent from the record, the 1chief commissioner or commissioner, the 3assessing officer, the 2commissioner appeals and the appellate tribunal may, of his, or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this act 4within four years from the end of the financial year in which such order was passed. 2 an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. 3 where an amendment is made under this section, the order shall be passed in writing by the authority concerned. 4 subject to the other provisions of this act, where any such amendment has the effect of reducing the assessment, the 5assessing officer shall make any refund which may be due to such assessee. 5 where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the 5assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. 1. subs. by act 4 of , s. 187, for commissioner w.e.f. . 2. subs. by act 29 of , s. 39 and the fifth sch. for appellate assistant commissioner w.e.f. . 3. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 4. subs. by act 67 of , s. 78, for within four years of the date on which such order was passed w.e.f. . 5. subs. by act 4 of , s. 187, for incometax officer w.e.f. .

section 14. of the companies profits surtax act : where as a result of any order made under 2sections 154, 155, 250, 254, 260, 262, 263 or 264 of the incometax act, it is necessary to recompute the chargeable profits determined in ay assessment under this act, the 1assessing officer may proceed to recompute the chargeable profits, and determine the surtax payable or refundable on the basis of such recomputation and make the necessary amendment and the provisions of section 13 shall, so far as may be, apply thereto, the period of four years specified in subsection 1 of that section being reckoned 3from the end of the financial year in which the order under the aforesaid sections of the incometax act was passed. 1. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 2. subs. by act 42 of , s. 73, for section 154 or section 155 w.e.f. . 3. subs. by act 67 of , s. 79, for from the date of the order passed under the aforesaid sections of the incometax act w.e.f. .

section 16. of the companies profits surtax act : 1 the 2chief commissioner or commissioner may call for and examine the record of any proceeding under this act, and if he considers that any order passed therein by the 1assessing officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. 3explanation.for the removal of doubts, it is hereby declared that, for the purposes of this subsection, an order passed by the 1assessing officer shall include an order passed by the 4deputy commissioner in exercise of the powers or in performance of the functions of an 1assessing officer conferred on, or assigned to, him under clause a of subsection 1 of section 125 or under subsection 1 of section 125a of the incometax act as applied by section 18 of this act. 52 no order shall be made under subsection 1 after the expiry of two years from the end of the financial year in which the order sought to be revised was passed. 3notwithstanding anything contained in subsection 2, an order in revision under this section may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the appellate tribunal, the high court or the supreme court. explanation.in computing the period of limitation for the purpose of subsection 2, any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. 1. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 2. subs. by act 4 of , s. 187, for commissioner w.e.f. . 3. ins. by act 67 of , s. 80 w.e.f. . 4. subs. by act 4 of , s. 187, for inspecting assistant commissioner w.e.f. . 5. subs. by act 67 of , s. 80, for subsection 2 w.e.f. .

section 17. of the companies profits surtax act : 17. revision of orders by 1chief commissioner or commissioner. 1 the 1chief commissioner or commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this act which has been taken by an 2assessing officer 3 subordinate to him and may make such inquiry or cause such inquiry to be made and subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. 2 the 1chief commissioner or commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. 3 in the case of an application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: provided that the 1chief commissioner or commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. 4 the 1chief commissioner or commissioner shall not revise any order under this section in the following cases 4a where an appeal against the order lies to the commissioner appeals but has not been made and the time within which such appeal may be made has not expired, or the assessee has not waived his right of appeal or b where the order has been made the subject of an appeal to the commissioner appeals. 5 every application by an assessee for revision under this section shall be accompanied by a fee of twentyfive rupees. explanation 1. an order by the 1chief commissioner or commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee. 5 1. subs. by act 4 of , s. 187, for commissioner w.e.f . 2. subs. by s. 187, ibid., for incometax officer w.e.f. . 3. the words or appellate assistant commissioner omitted by act 29 of , s. 39 and the fifth sch. w.e.f. . 4. subs. by s. 39 and the fifth sch., ibid., for clauses a, b and c w.e.f. . 5. explanation 2 omitted by s. 39 and the fifth sch. w.e.f. .

section 18. of the companies profits surtax act : the provisions of the following sections and schedules of the incometax act and the incometax certificate proceedings rules, , as in force from time to time, shall apply with such modifications, if any, as may be prescribed, as if the said provisions and the rules referred to surtax instead of to incometax 1 : 2 244, 3 4 116, 117, 118, 119, 120, 129, 131, 132, 132a, 5132b,133 to 136 both inclusive, 138, 140, 156, 160, 161, 162, 163, 166, 167, 170,173, 175, 176, 178, 179, 6218 to 229 both inclusive, 231, 232, 233, 237 to 242 both inclusive 244, 245, 254 to 262 both inclusive 265, 266, 268, 269, 281, 5281b, 282, 284, 3 287, 288, 288a, 288b, 289 to 293 both inclusive, the second schedule and the third schedule: provided that references in the said provisions and the rules to the assessee shall be construed as references to an assessee as defined in this act. 1. the words and supertax omitted by act 10 of , s. 74 w.e.f. . 2. subs. by act 4 of , s. 189, for 243b and 44 w.e.f. . 3. subs. by act 20 of , s. 36, for 131 to 136 both inclusive w.e.f. . 4. subs. by act 4 of , s. 189, for 118, 125, 125a, 129, 130, 130a w.e.f. . 5. ins. by act 41 of , s. 124 w.e.f. . 6. subs. by act 16 of , s. 41, for 220 to 229 w.e.f. .

section 24., in relation to certain union territories. of the companies profits surtax act : if the central government considers it necessary or expedient so to do for avoiding any hardship or anomaly or removing any difficulty that may arise as a result of the application of this act to the union territories of dadra and nagar haveli, goa, daman and diu and pondicherry, the central government may, by general or special order, make an exemption, reduction in rate or other modification in respect of surtax in favour of any class of assessees or in regard to the whole or any part of the chargeable profits of any class of assessees.

section 19. of the companies profits surtax act : 1 notwithstanding anything contained in the incometax act, all information contained in any statement or return made or furnished under the provisions of that act or obtained or collected for the purposes of that act may be used for the purposes of this act. 2 all information contained in any statement or return made or furnished under the provisions of this act or obtained or collected for the purposes of this act may be used for the purposes of the incometax act.

section 21. of the companies profits surtax act : if a person makes in any return furnished under section 5, any statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 22. of the companies profits surtax act : if a person makes or induces in any manner another person to make and deliver any account, statement or declaration relating to chargeable profits liable to surtax which is false and which he either knows to be false or does not believe to be true, he shall be punishable with simple imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 20. of the companies profits surtax act : if any person fails without reasonable cause to furnish in due time any return under subsection 2 of section 5, or to produce, or cause to be produced, any accounts or documents required to be produced under section 6, he shall be punishable with fine which may extend to five hundred rupees, and with a further fine which may extend to ten rupees for every day during which the default continues.

section 23. of the companies profits surtax act : 1 a person shall not be proceeded against for an offence under section 20 or section 21 or section 22 or under the indian penal code 45 of except at the instance of the 1 chief commissioner or commissioner. 2 the 1 chief commissioner or commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 20 or section 21 or section 22. 1. subs. by act 4 of , s. 187, for commissioner w.e.f. .

section 26. of the companies profits surtax act : nothing contained in this act shall apply to any company which has no share capital.

section 24a. of the companies profits surtax act : 1 24a. agreeement with foreign countries. the central government may enter into an agreement with the government of any country outside india a for the granting of relief in respect of chargeable profits on which have been paid both surtax under this act and tax of a similar character or incometax on such profits in that country, or b for the avoidance of double taxation of chargeable profits under this act and under any law relating to the taxation of income or profits in force in that country, or c for exchange of information for the prevention of evasion or avoidance of surtax chargeable under this act or the tax chargeable under the corresponding law in force in that country or investigation of cases of such evasion or avoidance, or d for recovery of tax under this act and under any law relating to the taxation of income or profits in force in that country, and may, by notification in the official gazette, make such provision as may be necessary for implementing the agreement. 1. subs. by act 16 of , s. 57, for section 24a w.e.f. .

section 24aa., in relation to participation in the business of prospecting for, extraction, etc. of the companies profits surtax act : 124aa. power to make exemption, etc., in relation to participation in the business of prospecting for extraction, etc., of mineral oils.1 if the central government is satisfied that it is necessary or expedient so to do in the public interest, it may, by notification in the official gazette, make an exemption, reduction in rate or other modification in respect of surtax in favour of any class of foreign companies specified in subsection 2 or in regard to the whole or any part of the chargeable profits of such class of companies. explanation.for the purposes of this subsection, foreign company shall have the meaning assigned to it in clause 4 of section 80b of the incometax act. 2the foreign companies referred to in subsection 1 are the following, namely: a foreign companies with whom the central government has entered into agreement for the association or participation of that government or any person authorised by that government in any business consisting of the prospecting for or extraction or production of mineral oils and b foreign companies providing any services or facilities or supplying any ship, aircraft, machinery or plant whether by way of sale or hire in connection with any business consisting of the prospecting for or extraction or production of mineral oils carried on by that government or any person specified by that government in this behalf by notification in the official gazette. 3 every notification issued under this section shall be laid before each house of parliament. explanation.for the purpose of this section, mineral oil includes petroleum and natural gas. 1. ins. by act 16 of , s. 42 w.e.f. .

section 25. of the companies profits surtax act : 1 the board may, subject to the control of the central government, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which returns under section 5 may be furnished and the manner in which they may be verified. b the form in which notice for making provisional assessment shall be given c the form in which appeals under section 11 or section 12 may be filed and the manner in which they shall be verified 1cc the circumstances in which, the conditions subject to which and the manner in which, the 2commissioner appeals may permit an appellant to produce evidence which he did not produce or which he was not allowed to produce before the 3assessing officer d the procedure to be followed on applications for rectification of mistakes and applications for refunds 4dd the procedure to be followed in calculating interest payable by assessees or interest payable by the government to assessees under this act including the rounding off of the period for which such interest is to be calculated in cases where such period includes a fraction of a month, and specifying the circumstances in which and the extent to which petty amounts of interest payable by assessees may be ignored e any other matter by this act is to be, or may be, prescribed. 52a the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them and, unless the contrary is permitted whether expressly or by necessary implication, no retrospective effect shall be given to any rule so as to prejudicially affect the interests of assessees. 3 the central government shall cause every rule made under this section to be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session 6or in two or more successive sessions, and if, before the expiry of the session 7immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, that rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 16 of , s. 58 w.e.f. . 2. subs. by act 29 of , s. 39 and fifth sch., for appellate assistant commissioner w.e.f. . 3. subs. by act 4 of , s. 187, for incometax officer w.e.f. . 4. ins. by act 42 of , s. 74 w.e.f. . 5. ins. by act 26 of , s. 21 w.e.f. . 6. subs. by act 41 of , s. 125, for or in two successive sessions w.e.f. . 7. subs. by s. 125, ibid., for in which it is so laid or the session immediately following w.e.f. .

section 8. of the requisitioning and acquisition of immovable property act : 1 where any property is requisitioned or acquired under this act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say, a where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement b where no such agreement can be reached, the central government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a judge of a high court c the central government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned or acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose d at the commencement of the proceedings before the arbitrator, the central government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation e the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid and in making the award, he shall have regard to the circumstances of each case and the provisions of subsections 2 and 3, so far as they are applicable f where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons g nothing in the arbitration act, 10 of shall apply to arbitrations under this section. 2 1the amount of compensation payable for the requisitioning of any property shall, subject to the provisions of subsections 2a and 2b, consist of a a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period and b such sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the following matters, namely: i pecuniary loss due to requisitioning ii expenses on account of vacating the requisitioned premises iii expenses on account of reoccupying the premises upon release from requisition and iv damages other than normal wear and tear caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition. 22a the recurring payment, referred to in clause a of subsection 2, in respect of any property shall, unless the property is sooner released from requisition under section 6 or acquired under section 7, be revised in accordance with the provisions of subsection 2b a in a case where such property has been subject to requisition under this act for the period of five years or a longer period immediately preceding the commencement of the requisitioning and acquisition of immovable property amendment act, i first with effect from the date of such commencement, and 3ii secondly with effect from the expiry of five years, and thirdly with effect from the expiry of ten years, from such commencement b in a case where such property has been subject to requisition under this act immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of subsection 1a of section 6, be released from requisition or acquired, extends beyond five years from such commencement, i first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 3ii secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision made under subclause i takes effect 4c in any other case, i first with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and 5ii secondly with effect from the date of expiry of five years, and thirdly with effect from the date of expiry of ten years, from the date on which the revision under subclause i takes effect. 2b the recurring payment in respect of any property shall be revised by redetermining such payment in the manner and in accordance with the principles set out in subsection 1, read with clause a of subsection 2, as if such property had been requisitioned under this act on the date with effect from which the revision has to be made under subsection 2a. 63 the compensation payable for the acquisition of any property under section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and been sold on the date of acquisition. 1. subs. by act 2 of , s. 3, for the amount of compensation payable for the requisitioning of any property shall consisit of w.e.f. . 2. ins. by act 2 of , s. 3 w.e.f. . 3. subs. by act 35 of , s. 3, for subclause ii w.e.f. . 4. subs. by s. 3, ibid., for clause c w.e.f. . 5. subs. by act 20 of , s. 3, for subclause ii w.e.f. . 6. subs. by act 31 of , s. 2, for subsection 3 w.e.f. .

The Requisitioning and Acquisition of Immovable Property Act, 1952

section 2. of the requisitioning and acquisition of immovable property act : in this act, unless the context otherwise requires, a award means any award of an arbitrator made under section 8 b competent authority means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act for such area as may be specified in the notification c landlord means any person who for the time being is receiving or is entitled to receive, the rent of any premises, whether on his own account, or on account or on behalf or for the benefit, of any other person or as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant d the expression person interested, in relation to any property, includes all persons claiming, or entitled to claim, an interest in the compensation payable on account of the requisitioning or acquisition of that property under this act e premises means any building or part of a building and includes i the garden, grounds and outhouses, if any, appertaining to such building or part of a building ii any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof f prescribed means prescribed by rules made under this act g property means immovable property of every kind and includes any rights in or over such property h tenant means any person by whom or on whose account rent is payable for any premises and includes such subtenants and other persons as have derived title under the tenant under any law for the time being in force.

section 7. of the requisitioning and acquisition of immovable property act : 1 where any property is subject to requisition, the central government may, if it is of opinion that it is necessary to acquire the property for a public purpose, at any time acquire such property by publishing in the official gazette a notice to the effect that the central government has decided to acquire the property in pursuance of this section: provided that before issuing such notice, the central government shall call upon the owner of, or any other person who, in the opinion of the central government, may be interested in, such property to show cause why the property should not be acquired and after considering the cause, if any, shown by any person interested in the property and after giving the parties an opportunity of being heard, the central government may pass such orders as it deems fit. 1 1a notwithstanding any judgment or order by a court or any other authority, setting aside a notice under subsection 1 on the ground that the owner or any other person who may be interested in the property was not given adequate opportunity to show cause or personal hearing, the central government may reissue the notice to the owner or such other person interested in the property, for the purpose of giving opportunity of being heard: provided that where a notice is reissued, the owner or such other person interested in the property shall be entitled to the same annual rate of interest, prevalent at any relevant time on the domestic fixed deposit offered by the state bank of india, as defined under clause g of section 2 of the state bank of india act, 23 of , on the compensation payable under this act, from the date of publication of the first notice, till the final payment of the compensation under this act: provided further that any enhanced compensation with or without interest awarded by the court or other authority, before the date of commencement of the requisitioning and acquisition of immovable property amendment act, , shall be subject to the reissuance of a notice under this subsection and shall be applicable only to the cases of land being acquired for national security and defence purpose: provided also that in the cases, where the final award under this act has been made any compensation thereof has been accepted by the owner or such other person interested in the property, before the commencement of the requisitioning and acquisition of the immovable property amendment act, , shall not be reopened. 2 when a notice as aforesaid is published in the official gazette, the requisitioned property shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the central government free from all encumbrances and the period of requisition of such property shall end. 3 no property shall be acquired under this section except in the following circumstances, namely: a where any works have, during the period of requisition, been constructed on, in or over, the property wholly or partially at the expense of the central government and the government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of government or b where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the central government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. 4 any decision or determination of the central government under subsection 3 shall be final and shall not be called in question in any court. 5 for the purposes of clause a of subsection 3 works includes buildings, structures and improvements of every description. 1. ins. by act 21 of , s. 2 w.e.f. .

section 1. of the requisitioning and acquisition of immovable property act : 1 this act may be called the requisitioning and acquisition of immovable property act, . 2 it extends to the whole of india except the state of jammu and kashmir. 1 1. subsection 3 omitted by act 1 of , s. 2 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 9. of the requisitioning and acquisition of immovable property act : the amount of compensation payable under an award shall, subject to any rules made under this act, be paid by the competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award.

section 3. of the requisitioning and acquisition of immovable property act : 1 where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose, being a purpose of the union, and that the property should be requisitioned, the competent authority a shall call upon the owner or any other person who may be in possession of the property by notice in writing specifying therein the purpose of the requisition to show cause, within fifteen days of the date of the service of such notice on him, why the property should not be requisitioned and b may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority, dispose of, or structurally alter, the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order. 2 if, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: provided that no property or part thereof a which is bona fide used by the owner thereof as the residence of himself or his family, or b which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of persons connected with the management of such place of worship or such school, hospital, library or orphanage, shall be requisitioned: provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under subsection 1, the competent authority shall provide such tenant with alternative accommodation which, in its opinion, is suitable.

section 10. of the requisitioning and acquisition of immovable property act : 1 any person aggrieved by an order of requisition made by the competent authority under subsection 2 of section 3 may, within twentyone days from the date of service of the order, prefer an appeal to the central government: provided that the central government may entertain the appeal after the expiry of the said period of twentyone days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the central government may, after calling for a report from the competent authority and giving an opportunity to the parties of being heard and after making such further inquiry, if any, as may be necessary, pass such orders as it thinks fit and the order of the central government shall be final. 3 where an appeal is preferred under subsection 1, the central government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.

section 5. of the requisitioning and acquisition of immovable property act : 1 all property requisitioned under section 3, shall be used for such purposes as may be mentioned in the notice of requisition. 2 where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.

section 4. of the requisitioning and acquisition of immovable property act : 1 where any property has been requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice. 2 if any person refuses or fails to comply with an order made under subsection 1, the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.

section 13. of the requisitioning and acquisition of immovable property act : the central government or the competent authority may, with a view to carrying out the purposes of section 3 or section 6, or section 7, or section 8, by order require any person to furnish to such officer, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or acquired, or intended to be requisitioned or acquired, under this act.

section 6. of the requisitioning and acquisition of immovable property act : 1 the central government may at any time release from requisition any property requisitioned under this act and shall, as far as possible, restore the property in as good a condition as it was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force: provided that where the purposes for which any requisitioned property was being used cease to exist, the central government shall, unless the property is acquired under section 7, release that property, as soon as may be, from requisition. 11a notwithstanding anything contained in subsection 1, the central government shall release from requisition, a any property requisitioned or deemed to be requisitioned under this act before the commencement of the requisitioning and acquisition of immovable property amendment act, 1 of , on or before the expiry of a period of 2seventeen years from such commencement b any property requisitioned under this act after such commencement, on or before the expiry of a period of 2seventeen years from the date on which possession of such property was surrendered or delivered to, or taken by, the competent authority under section 4, unless such property is acquired under section 7 within the period of 2seventeen years aforesaid. 2 where any property is to be released from requisition, 4under subsection 1 or subsection 1a the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successorsininterest of such person. 3 the delivery of possession of the property to the person specified in an order under subsection 2 shall be a full discharge of the central government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. 4 where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the official gazette. 5 when a notice referred to in subsection 4 is published in the official gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the central government shall not be liable for any compensation or other claim in respect of the property for any period after the said date. 6 where any property requisitioned under this act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or violence of any army or of a mob or other irresistible force, the requisition shall, at the option of the central government, be void: provided that the benefit of this subsection shall not be available to the central government where the injury to such property is caused by any wrongful act or default of that government. 1 ins. by act 1 of , s. 3 w.e.f. . 2 subs. by act 20 of , s. 2, for fifteen years w.e.f. . 3 ins. by act 1 of , s. 3 w.e.f. .

section 16. of the requisitioning and acquisition of immovable property act : no person interested in any property requisitioned or acquired under this act shall, without the previous written consent of the competent authority or except for the purposes of effecting repairs or complying with a municipal requirement, wilfully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the property.

section 17. of the requisitioning and acquisition of immovable property act : 1 the central government may, by notification in the official gazette, direct that the powers exercisable by it 1 under this act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to that government or 2by the state government or by an officer subordinate to the state government. 2 all notifications issued under subsection 1 shall be laid, as soon as may be, before parliament. 1. the words by or omitted by act 42 of , s. 4 and the third schedule w.e.f. . 2. subs. by s. 4 and the third schedule, ibid., for the state government w.e.f. .

section 11. of the requisitioning and acquisition of immovable property act : any person aggrieved by an award of the arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to the high court within whose jurisdiction the requisitioned or acquired property is situate: provided that the high court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

section 18. of the requisitioning and acquisition of immovable property act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any order made thereunder. 2 no suit or other legal proceeding shall lie against the central government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any order made thereunder.

section 12. of the requisitioning and acquisition of immovable property act : the competent authority and the arbitrator appointed under section 8, while holding an inquiry or, as the case may be, arbitration proceedings under this act, shall have all the powers of a civil court, while trying a suit, under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commissions for examination of witnesses.

section 14. of the requisitioning and acquisition of immovable property act : the competent authority or any officer, empowered in this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether, and if so, in what manner, an order under this act should be made in relation to such property or with a view to securing compliance with an order made under this act.

section 15. of the requisitioning and acquisition of immovable property act : 1 subject to the provisions of this section and any rules that may be made under this act, every notice or order issued or made under this act shall, a in the case of any notice or order of a general nature or affecting a class of persons, be published in the official gazette and b in the case of any notice or order affecting an individual, corporation or firm be served in the manner provided for the service of summons in rule 2 of order xxix or rule 3 of order xxx, as the case may be, in the first schedule of the code of civil procedure, 5 of and c in the case of any notice or order affecting an individual person not being a corporation or firm, be served on such person i by delivering or tendering it to that person or ii if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain or failing service by these means iii by post. 2 where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the official gazette, and where possible, by affixing a copy thereof on any conspicuous part of the property to which it relates.

section 20. of the requisitioning and acquisition of immovable property act : whoever contravenes any provision of this act, or any rule made thereunder, or any order made or direction given under this act, or obstructs the lawful exercise of any power conferred by or under this act, shall be punishable with fine which may extend to one thousand rupees.

section 19. of the requisitioning and acquisition of immovable property act : save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the competent authority or arbitrator is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 25. of the requisitioning and acquisition of immovable property act : 125. special provision as to certain requisitions under act 51 of .1 notwithstanding anything contained in this act, any immovable property requisitioned by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, under the defence of india act, 51 of , and the rules made thereunder including any immovable property deemed to have been requisitioned under the said act which has not been released from such requisition before the 10th january, , shall, as from that date, be deemed to have been requisitioned by the competent authority under the provisions of this act for the purpose for which such property was held immediately before the said date and all the provisions of this act shall apply accordingly: provided that a all determinations, agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the said date and in force immediately before the said date, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition as from the said date b anything done or any action taken including any orders, notifications or rules made or issued by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, in exercise of the powers conferred by or under chapter vi of the defence of india act, 51 of , shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this section was in force on the date on which such thing was done or action was taken. 2 save as otherwise provided in subsection 1, the provisions of the defence of india act, 51 of , and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in subsection 1, shall, as from the 10th january, , cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the general clauses act, 10 of , shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a central act. 1. ins. by act 31 of , s. 3 w.e.f. .

section 23. of the requisitioning and acquisition of immovable property act : 1 all immovable property which purports to have been requisitioned by a state government for any public purpose, being a purpose of the union, under any provincial or state act and which, immediately before the 25th day of january, , was used or occupied by the central government or by an officer or authority subordinate to that government shall, as from that date, be deemed to be property duly requisitioned under section 3 of this act, and every such requisition shall, notwithstanding any judgment, decree or order of any court, be deemed always to have been valid as if this act had been in force on and from the date of the requisition and the requisition had been duly made by a competent authority under this act, and all the provisions of this act shall apply accordingly: provided that all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the 25th day of january, and in force immediately before that date shall be valid and shall be deemed always to have been valid and shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after that date. 2 every acquisition of immovable property purporting to have been made before the commencement of this act by a state government for any public purpose, being a purpose of the union, under any enactment for the time being in force in that state and which, immediately before such commencement, was used or occupied by the central government or by an officer or authority subordinate to that government shall, notwithstanding any defect in, or invalidity of, the enactment or order under which the acquisition was made, be deemed for all purposes to have been validly made as if the provisions of the said enactment or order had been included and enacted in this section and this section had been in force on and from the date of the acquisition.

section 24. of the requisitioning and acquisition of immovable property act : 1 the requisitioned land continuance of powers act, 17 of , the delhi premises requisition and eviction act, 49 of , and the requisitioning and acquisition of immovable property ordinance, 3 of , are hereby repealed. 2 for the removal of doubts, it is hereby declared that any property which immediately before such repeal was subject to requisition under the provisions of either of the said acts or the said ordinance shall, on the commencement of this act, be deemed to be property requisitioned under section 3 of this act, and all the provisions of this act shall apply accordingly: provided that a all agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the commencement of this act and in force immediately before such commencement, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition after such commencement b anything done or any action taken including any orders, notifications or rules made or issued in exercise of the powers conferred by or under either of the said acts or the said ordinance shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this act was in force on the day in which such thing was done or action was taken.

section 26. of the requisitioning and acquisition of immovable property act : 126. special provision as to certain requisitions under act 42 of .1 notwithstanding anything contained in this act, any immovable property requisitioned or purported to have been requisitioned by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, under the defence of india act, 42 of , and the rules made thereunder including any immovable property deemed to have been requisitioned under the said act, which has not been released from such requisition before the appointed day, shall, i if such property was requisitioned on or before the 21st day of march, , as from that date, and ii if such property was requisitioned at any time after such date, as from the date of its requisition, be deemed to have been requisitioned by the competent authority under the provisions of this act for the purpose for which such property was held immediately before the appointed day and all the provisions of this act shall apply accordingly: provided that in determining the compensation payable under this act in respect of any property so deemed to have been requisitioned under this act, the sum or sums, if any, as may be found necessary to compensate the person interested for all or any of the matters specified in clause b of subsection 2 of section 8 shall be reduced by the sum or sums, if any, paid or payable in respect of such matter or matters as compensation in respect of such property under the defence of india act, 42 of , and the rules made thereunder. 2 save as otherwise provided in subsection 1, the provisions of the defence of india act, 42 of , and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in subsection 1, shall, as from the 21st march, , cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the general clauses act, 10 of , shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a central act. explanation.in this section appointed day means the 23rd september, . 1. ins. by act 44 of , s. 2 w.e.f. .

section 21. of the requisitioning and acquisition of immovable property act : the competent authority, every arbitrator and every officer empowered by the central government or the competent authority, while exercising any power or performing any duty under this act, shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of ..

section 22. of the requisitioning and acquisition of immovable property act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the procedure to be followed by the competent authority in making inquiries under section 3 or section 6 b the procedure to be followed in arbitration proceedings and appeals under this act c the principles to be followed in determining the amount of compensation and method of payment of such compensation d the principles to be followed in apportioning the cost of proceedings before the arbitrator and on appeal under this act e the manner of service of notices and orders f any other matter which has to be, or may be, prescribed. 13 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 35 of , s. 4, for subsection 3 w.e.f. .

section 8. of the saarc convention suppression of terrorism act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this act. 2 no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 1. of the saarc convention suppression of terrorism act : 1 this act may be called the saarc convention suppression of terrorism act, . 2 it extends to the whole of india and, subject to the provisions of section 6, it applies also to any offence under this act committed outside india by any person.

section 2. of the saarc convention suppression of terrorism act : in this act, unless the context otherwise requires, a convention means the south asian association for regional cooperation convention on suppression of terrorism signed at kathmandu on the 4th day of november, as set out in the schedule b convention country means a country in which the convention is for the time being in force.

section 7. of the saarc convention suppression of terrorism act : no prosecution for an offence under this act shall be instituted except with the previous sanction of the central government and the sanction granted under this section shall be deemed to be a sanction granted under section 188 of the code of criminal procedure, 2 of .

section 5. of the saarc convention suppression of terrorism act : for the purposes of the extradition act, 34 of , in relation to a convention country, an offence under subsection 1 of section 4 or any other offence specified in article i of the convention, shall not be considered to be an offence of a political character.

section 4. of the saarc convention suppression of terrorism act : 1 whoever, by force or threat of force or by any other form of intimation, seizes or detains any person and threatens to kill or injure that person with intent to cause a convention country to do or abstain from doing any act as the means of avoiding the execution of such threat, commits the offence of hostagetaking. 2 whoever commits the offence of hostagetaking shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.

section 3. of the saarc convention suppression of terrorism act : notwithstanding anything to the contrary contained in any other law, the provisions of articles i to viii of the convention shall have the force of law in india.

section 6. of the saarc convention suppression of terrorism act : 1 when an offence under subsection 1 of section 4 or any other offence specified in article i of the convention is committed outside india, a by a citizen of india, whether on the high seas or elsewhere b by a person, not being such citizen, on any ship or aircraft, registered in india or c by a person, not being such citizen, in a convention country, he may be dealt with in respect of such offence as if it had been committed at any place within india at which he may be found. 2 notwithstanding anything contained in subsection 1, the central government may, by general or special order published in the official gazette, direct that the offence under subsection 1 of section 4 or any other offence specified in article i of the convention may be inquired into or tried at any place within india.

section 7. of the pondicherry extension of laws act : if any difficulty arises in giving effect in pondicherry to the provisions of any act extended by this act to pondicherry, the central government may, as occasion may require, by order, make such provisions or give such directions not inconsistent with the provisions of such act as appear to it to be necessary for the purpose of removing the difficulty and any such order may provide for the transfer of any matter pending before any court, tribunal or other authority immediately before the commencement of such act in pondicherry to any corresponding court, tribunal or authority for disposal: provided that no such order shall be made under this section in respect of any act after the expiration of two years from the date on which such act comes into force in pondicherry and in respect of an act, the provisions of which are brought into force in pondicherry on different dates, the period of two years shall be reckoned with reference to the commencement of the relevant provision as specified in the proviso to subsection 2 of section 3.

section 1. of the pondicherry extension of laws act : this act may be called the pondicherry extension of laws act, .

section 4. of the pondicherry extension of laws act : 1 any law in force in pondicherry or any area thereof corresponding to any act referred to in subsection 1 of section 3 or any part thereof except in so far as such law continues to be applicable to renoncants shall stand repealed as from the coming into force of such act in pondicherry. 2 nothing in subsection 1 shall effect a the previous operation of any law so repealed or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed or c any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act has not been passed: provided that anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, form, byelaw or scheme framed, certificate obtained, permit or licene granted, or registration effected under any such law, shall be deemed to have been done or taken under the corresponding provision of the act extended to pondicherry by this act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said act.

section 6. of the pondicherry extension of laws act : 1 in any act or in any of the rules, notifications, orders, regulations and byelaws made or issued thereunder and extended to pondicherry by this act, a any reference to any provision of law not in force, or to any functionary not in existence, in pondicherry shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that union territory: provided that i if any question arises as to who such corresponding functionary is, or ii if there is no such corresponding functionary, the administrator shall decide as to who such functionary will be and his decision shall be final b any reference to the state government shall be construed as a reference to the central government and also as including a reference to the administrator. 2 for the purpose of facilitating the application in relation to pondicherry of any act or any rule, notification, order, regulation or byelaw made or issued thereunder, any court or other authority may construe it in such manner, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

section 3. of the pondicherry extension of laws act : 1 the acts specified in part i of the schedule as they are generally in force in the territories to which they extend and the acts specified in part ii of the schedule as they were in force on the 1st day of august, , in the state or union territory mentioned there against shall extend to pondicherry, subject to the modifications, if any, specified in the schedule. 2 notwithstanding anything contained in subsection 1, or in the relevant provision, if any, of each such act for the commencement thereof, the provisions of each such act shall come into force in pondicherry on such date as the administrator may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of any act and any reference in any such provision to the commencement of the act shall be construed as a reference to the coming into force of that provision.

section 2. of the pondicherry extension of laws act : in this act, unless the context otherwise requires, a act means an act or the ordinance specified in the schedule b administrator means the administrator of pondicherry appointed by the president under article 239 of the constitution c pondicherry means the union territory of pondicherry.

section 5., under certain laws. of the pondicherry extension of laws act : all rules, notifications, orders, regulations and byelaws made or issued by the central government under the provisions of any act generally for the territories to which such act extends shall, as from the commencement of the provisions of such act in pondicherry, extend to, and come into force in, pondicherry.

section 5. of the central laws extension to arunachal pradesh act : 1 if any difficulty arises in giving effect to the provisions of any act now extended to the state of arunachal pradesh, the central government may, by order notified in the official gazette, make such provisions or give such directions as appear to it necessary for the removal of the difficulty. 2 in particular, and without prejudice to the generality of the foregoing power, any such notified order may, a specify the corresponding authorities within the meaning of section 4 b provide for the transfer of any matter pending immediately before the commencement of this act before any court, tribunal or other authority, to any corresponding court, tribunal or other authority for disposal: provided that no such order shall be made after the expiry of two years from the date of commencement of this act. 3 every order made under this section shall be laid before each house of parliament.

section 1. of the central laws extension to arunachal pradesh act : 1 this act may be called the central laws extension to arunachal pradesh act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st july, , vide notification no. s.o. 491e, dated1st july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the central laws extension to arunachal pradesh act : the acts mentioned in the schedule and all rules, orders, regulations and schemes made thereunder are hereby extended to, and shall be in force in, the state of arunachal pradesh.

section 4. of the central laws extension to arunachal pradesh act : any reference by whatever form of words in any law for the time being in force in the state of arunachal pradesh to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that state shall, where a corresponding new authority has been constituted by or under any law now extended to that state, have effect as if it were a reference to the new authority.

section 3. of the central laws extension to arunachal pradesh act : any reference in any act, mentioned in the schedule, to a law which is not in force in the state of arunachal pradesh shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state.

section 8. of the indian reserve forces act : 18. preservation of certain rights of persons belonging to reserve forces when called up for training, muster or army service.when any person belonging to the indian reserve forces and called up for training, muster or army service in pursuance of his liability under any rule or order under this act has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in training, muster or army service and if he is reinstated, until such reinstatement under the provisions of this act, to have in respect of such fund or scheme, such rights as may be prescribed by rules made under this act. 1. ins. by act 3 of , s. 2. section 7 was rep. by s. 6, ibid.

section 6. of the indian reserve forces act : 1 if a person belonging to the indian reserve forces a when required by or in pursuance of any rule or order under this act to attend at any place, fails without reasonable excuse to attend in accordance with such requirement, or b fails without reasonable excuse to comply with any such rule or order, or c fraudulently obtains any pay or other sum contrary to any such rule or order, he shall be liable i on conviction by a courtmartial, to such punishment other than death, transportation or imprisonment for a term exceeding one year as such court is by the 1army act, 46 of empowered to award, or ii on conviction by 2a presidency magistrate or a magistrate of the first class, to imprisonment fora term which may extend, in the case of a first offence under this section, to six months, and, in the ease of any subsequent offence thereunder, to one year. 2 where a person belonging to the indian reserve forces is required by or in pursuance of any rule or order under this act to attend at any place, a certificate purporting to be signed by an officer appointed by such a rule or order in this behalf, and stating that the person so required to attend failed to do so in accordance with such requirement, shall, without proof of the signature or appointment of such officer, he evidence of the matters stated therein. 3 any person charged with an offence under this section may be taken into and kept in either military or civil custody, or partly into and in one description of custody and partly into and in the other, or be transferred from one description of custody to the other. 1. subs. by act 42 of , s. 4 and the third schedule, for indian army act, . 2. ins. by act 12 of , s. 5.

section 2. of the indian reserve forces act : 12. division of reserve forces into regular and supplementary reserves.the indian reserve forces shall consist of the regular reserve and the supplementary reserve. 1. subs. by act 12 of , s. 2, for section 2.

section 4. of the indian reserve forces act : show related subordinates 11 the central government may 2by notification in the official gazette, make rules and orders for the government, discipline and regulation of the indian reserve forces. 22 every rule and every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in mating any modification in the rule or order or both houses agree that the rule or order should not be made, the rule or order shall thereafter have effect only in such modified form or of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order. 1. s. 4 renumbered as subsection 1 thereof by act 20 of , s. 2 and schedule w.e.f. . 2. ins. by s. 2 and schedule, ibid w.e.f. . rules yeardescriptionfiles the indian reserve forces rules,

section 7. of the indian reserve forces act : 17. reinstatement in civil employ of persons belonging to reserve forces on termination of periods of trailing, muster or army service.1 if a person belonging to the indian reserve forces is, during the period of his employment under an employer, called up for training, muster or army service in pursuance of his liability under any rule or order under this act, it shall be the duty of every such employer to reinstate the person in his employment on the termination of the period of his training, muster or army service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted: provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the authority prescribed in this behalf by rules made under this act, and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed in the said rules, pass an order a exempting the employer from the provisions of this section, or b requiring the employer to reemploy such person on such terms as the authority thinks suitable, or c requiring the employer to pay to such person by way of compensation for failure or inability to reemploy, a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer. 2 if any employer fails to obey the order of any such authority as is referred to in the proviso to subsection 1, he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him if he has not already been so required by the said authority to pay to the person whom he has failed to reemploy a sum equal to six months remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. 3 in any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training, muster or army service. 4 the duty imposed by subsection 1 upon an employer to reinstate in his employment a person such as is described in that subsection shall attach to an employer who, before such person is actually called up for training, muster or army service, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that subsection, and such intention shall be presumed until the contrary is proved, if the termination takes place after the issue of orders calling him up for training, muster or army service under this act. 1. ins. by act 3 of , s. 2. section 7 was rep. by s. 6, ibid.

section 1. of the indian reserve forces act : 1 this act may be called the indian reserve forces act, and 2 it shall come into force on such day1 as the central government may, by notification in the official gazette, appoint in this behalf. 1. the act came into force on the 26th may, , see gazette of india of same date, pt. i, p. 239

section 5. of the indian reserve forces act : subject to 1 such rules and orders as may be made under section 4, a person belonging to the indian reserve forces shall, as an officer, or soldier, as the case may be, be subject to military law in the same manner and to the same extent as a person belonging to 2the regular army. 1. the words and figure the provision of section 3 with respect to persons belonging to the garrison reserve and to omitted by act 12 of , s. 4. 2. subs. by the a.o. , for her majestys indian forces.

section 3. of the indian reserve forces act : 1 a person belonging to the 2indian reserve forces shall be liable to serve beyond the limits of 3india as well as within those limits. 4 1. the brackets and figure 1 omitted, by s. 3, ibid. 2. subs. by s. 3, ibid., for active reserve. 3. subs. by the adaptation of laws no. 2 order, , for the territories comprised within part a states and part c sates. 4 subsection 2 omitted by act 12 of , s. 3.

section 5. of the leaders and chief whips of recognised parties and groups in parliament facilities act : in the parliament prevention of disqualification act, , in section 3, i after clause ab,the following clause shall be inserted, namely: ac the office of 1 each leader and each deputy leader of a recognised party and a recognised group in either house of parliament ii after explanation 2, the following explanation shall be inserted, namely: explanation 3..in clause ac,the expressions recognised party and recognised group shall have the meanings assigned to them in leaders and chief whips of recognised parties and groups in parliament facilitiesact, .. 1. subs. by act 18 of , s. 5, for each leader w.e.f. .

The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998

section 4. of the leaders and chief whips of recognised parties and groups in parliament facilities act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

section 2. of the leaders and chief whips of recognised parties and groups in parliament facilities act : 12. definitions. in this act, unless the context otherwise requires, arecognised group means, i in relation to the council of states, every party which has a strength of not less than fifteen members and not more than twentyfour members in the council ii in relation to the house of the people, every party which has a strength of not less than thirty members and not more than fiftyfour members in the house b recognised party means, i in relation to the council of states, every party which has a strength of not less than twentyfive members in the council ii in relation to the house of the people, every party which has a strength of not less than fiftyfive members in the house. 1. subs. by s.3,ibid., for section 2 w.e.f. .

section 3. of the leaders and chief whips of recognised parties and groups in parliament facilities act : 13. facilities to the leaders and chief whips of recognised groups and parties.subject to any rules made in this behalf by the central government, each leader, deputy leader and each chief whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities: provided that such facilities shall not be provided to such leader, deputy leader or chief whip, as the case may be, who iholds an office of minister as defined in section 2 of the salaries and allowances of ministers act, 58 of or iiholds an office of the leader of the opposition as defined in section 2of the salary and allowances of leaders of opposition in parliament act, 33 of or iiiis entitled to similar telephone and secretarial facilities by virtue of holding any office of, or representation in, a parliamentary committee or other committee, council, board, commission or other body set up by the government or ivis entitled to similar telephone and secretarial facilities provided to him in any other capacity by the government or a local authority or corporation owned or controlled by the government or any local authority. 1. subs. by s.4, ibid., for section 3 w.e.f. .

section 1. of the leaders and chief whips of recognised parties and groups in parliament facilities act : 1 this act may be called the leaders and chief whips of recognised parties and groups in parliament facilities act, . 1 2 it shall be deemed to have come into force on the 5th day of february, . 1. subs. by act 18 of, s.2, for subsection 2 w.e.f. .

section 8. of the acquisition of certain area at ayodhya act : 1 the owner of any land, building, structure or other property comprised in the area shall be given by the central government, for the transfer to and vesting in that government under section 3 of that land, building, structure or other property, in cash an amount equivalent to the market value of the land, building, structure or other property. 2 the central government shall, for the purpose of deciding the claim of the owner or any person having a claim against the owner under subsection 1, by notification in the official gazette, appoint a claims commissioner. 3 the claims commissioner shall regulate his own procedure for receiving and deciding the claims. 4 the owner or any person having a claim against the owner may make a claim to the claims commissioner within a period of ninety days from the date of commencement of this act: provided that if the claims commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of ninety days, the claims commissioner may entertain the claim within a further period of ninety days and not thereafter.

section 1. of the acquisition of certain area at ayodhya act : 1 this act may be called the acquisition of certain area at ayodhya act, . 2 it shall be deemed to have come into force on the 7th day of january, .

section 2. of the acquisition of certain area at ayodhya act : in this act, unless the context otherwise requires, a area means the area including all the buildings, structures or other properties comprised therein specified in the schedule b authorised person means a person or body of persons or trustees of any trust authorised by the central government under section 7 c claims commissioner means the claims commissioner appointed under subsection 2 of section 8 d prescribed means prescribed by rules made under this act.

section 7. of the acquisition of certain area at ayodhya act : 1 notwithstanding anything contained in any contract or instrument or order of any court, tribunal or other authority to the contrary, on and from the commencement of this act, the property vested in the central government under section 3 shall be managed by the central government or by a person or body of persons or trustees of any trust authorised by that government in this behalf. 2 in managing the property vested in the central government under section 3, the central government or the authorised person shall ensure that the position existing before the commencement of this act in the area on which the structure including the premises of the inner and outer courtyards of such structure, commonly known as the ram janma bhumibabri masjid, stood in village kot ramchandra in ayodhya, in pargana haveli avadh, in tehsil faizabad sadar, in the district of faizabad of the state of uttar pradesh is maintained.

section 3. of the acquisition of certain area at ayodhya act : on and from the commencement of this act, the right, title and interest in relation to the area shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 4. of the acquisition of certain area at ayodhya act : 1 the area shall be deemed to include all assets, rights, leaseholds, powers, authority and privileges and all property, movable and immovable, including lands, buildings, structures, shops of whatever nature or other properties and all other rights and interests in, or arising out of, such properties as were immediately before the commencement of this act in the ownership, possession, power or control of any person or the state government of uttar pradesh, as the case may be, and all registers, maps, plans, drawings and other documents of whatever nature relating thereto. 2 all properties aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them and any attachment, injunction, decree or order of any court or tribunal or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall cease to have any effect. 3 if, on the commencement of this act, any suit, appeal or other proceeding in respect of the right, title and interest relating to any property which has vested in the central government under section 3, is pending before any court, tribunal or other authority, the same shall abate.

section 5. of the acquisition of certain area at ayodhya act : 1 the central government may take all necessary steps to secure possession of the area which is vested in that government under section 3. 2 on the vesting of the area in the central government under section 3, the person or state government of uttar pradesh, as the case may be, in charge of the management of the area immediately before such vesting shall be bound to deliver to the central government or the authorised person, all assets, registers and other documents in their custody relating to such vesting or where it is not practicable to deliver such registers or documents, the copies of such registers or documents authenticated in the prescribed manner.

section 6. of the acquisition of certain area at ayodhya act : 1 notwithstanding anything contained in sections 3, 4, 5 and 7, the central government may, if it is satisfied that any authority or other body, or trustees of any trust, set up on or after the commencement of this act is or are willing to comply with such terms and conditions as that government may think fit to impose, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body or trustees of that trust either on the date of the notification or on such later date as may be specified in the notification. 2 when any right, title and interest in relation to the area or part thereof vest in the authority or body or trustees referred to in subsection 1, such rights of the central government in relation to such area or part thereof, shall, on and from the date of such vesting, be deemed to have become the rights of that authority or body or trustees of that trust. 3 the provisions of sections 4, 5, 7 and 11 shall, so far as may be, apply in relation to such authority or body or trustees as they apply in relation to the central government and for this purpose references therein to the central government shall be construed as references to such authority or body or trustees.

section 9. of the acquisition of certain area at ayodhya act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this act or any decree or order of any court, tribunal or other authority.

section 10. of the acquisition of certain area at ayodhya act : any person who is in charge of the management of the area and fails to deliver to the central government or the authorised person any asset, register or other document in his custody relating to such area or, as the case may be, authenticated copies of such register or document, shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees or with both.

section 13. of the acquisition of certain area at ayodhya act : 1 subject to the provisions of subsection 2, the acquisition of certain area at ayodhya ordinance, ord. 8 of , is hereby repealed. 2 notwithstanding anything contained in the said ordinance, a the right, title and interest in relation to plot no. 242 situated in village kot ramchandra specified against sl. no. 1 of the schedule to the said ordinance shall be deemed never to have been transferred to, and vested in, the central government b any suit, appeal or other proceeding in respect of the right, title and interest relating to the said plot no. 242, pending before any court, tribunal or other authority, shall be deemed never to have abated and such suit, appeal or other proceeding including the orders or interim orders of any court thereon shall be deemed to have been restored to the position existing immediately before the commencement of the said ordinance c any other action taken or thing done under that ordinance in relation to the said plot no. 242 shall be deemed never to have been taken or done. 3 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the acquisition of certain area at ayodhya act : no suit, prosecution or other legal proceeding shall lie against the central government or the authorised person or any of the officers or other employees of that government or the authorised person for anything which is in good faith done or intended to be done under this act.

section 12. of the acquisition of certain area at ayodhya act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the punjab landrevenue act : commissioners, deputy commissioners, assistant commissioners and extra assistant commissioners shall be appointed and may be removed by the local government.

section 3. of the punjab landrevenue act : in this act, unless there is something repugnant in the subject or context, 1 estate means any area a for which a separate recordofright has been made or b which has been separately assessed to landrevenue, or would have been so assessed if the landrevenue had not been released, compounded for or redeemed or c which the local government may, by general rule or special order, declare to be an estate: 2 landowner does not include a tenant or an assignee of landrevenue, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm, under this act for the recovery of an arrear of landrevenue or of a sum recoverable as such an arrear, under every other person not here in before in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate: 3 holding means a share or portion of an estate held by one landowner or jointly by two or more landowners : 4 rent, tenant, landlord and tenancy have the meanings respectively assigned to those words in the punjab tenancy act, xvi of : 5 pay, with its grammatical variations and cognate expressions, includes, when used with reference to rent, deliver and render , with their grammatical variations and cognate expressions: 6 landrevenue includes assigned landrevenue and any sum payable in respect of land, by way of quitrent or of commutation for service, to the government or to a person to whom the government has assigned the right to receive the payment: 7 arrear of landrevenue means landrevenue which remains unpaid after the date on which it becomes payable: 8 defaulter means a person liable for an arrear of landrevenue, and includes a person who is responsible as surety for the payment of the arrear: 9 rates and cesses means rates and cesses which are primarily payable by landowners, and includes a the local rate, if any, payable under the punjab local rates act, v of b the local rate, if any, payable under the punjab district boards act, xx of , and any fee leviable under section 33 of that act from landowners for the use of or benefits derived from such works as are referred to in section 20, clauses i and j, of that act c any annual rate chargeable on owners of lands under section 59 of the northern india canal and drainage act, viii of d the zaildari and villageofficers cesses and e sums payable on account of villageexpenses: 10 villagecess includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service nor imposed by or under any enactment for the time being in force: 11 villageofficer means a chiefheadman, headman or patwari: 12 revenueofficer, in any provision of this act, means a revenue, officer having authority under this act to discharge the functions of a revenueofficer under that provision: 13 legal practitioner means any legal practitioner with in the meaning of the legal practitioners act, xviii of , except a mukhtar: 14 agricultural year means the year commencing on the sixteenth day of june, or on such other date as the local government may by notification appoint for any local area: 15 notification means a notification published by authority of the local government in the official gazette: 16 incumbrance means a charge upon or claim against land arising out of a private grant or contract: and 17 surveymark includes boundarymark

section 9. of the punjab landrevenue act : the local government shall fix the number of tahsildars and naibtahsildars to be appointed, and the financial commissioner may make rules for their appointment and removal.

section 7. of the punjab landrevenue act : 1 there shall he one or more financial commissioners, who shall be appointed, and may be removed, by the local government with the previous sanction of the governor general in council. 2 where more financial commissioners than one have been appointed, the local government may make rules as to the distribution among them of business under this or any other act, and by those rules require any case or class or classes of cases to be considered and disposed of by the financial commissioners collectively. 3 when there is a difference of opinion among the financial commissioners as to any decree or order to be made in a case which they are required by rules under the last foregoing subsection to consider and dispose of collectively, the following rules shall apply, namely: a where the case is an appeal or a case on review or revision, it shall be decided in accordance with the opinion or the majority of the financial commissioners, or, if there is no such majority which concurs in a decision modifying or reversing the decree or order under appeal, review or revision, that decree or order shall be affirmed: and b where the case is not an appeal or a case on review or revision, the matter respecting which there is the difference of opinion shall be referred to the local government for decision, and the decision of that government with respect thereto shall be final. 4 the expression financial commissioner in this or any other act shall, when there are more financial commissioners than one, be construed as meaning one or more of the financial commissioners as the rules for the time being in force under subsection 2 may require. 5 the second financial commissioner appointed under section 52 of the punjab courts act, xviii of , shall be deemed to have had jurisdiction on and after the first day of november, , to make any decree or order or dispose of any other business which might have been made or disposed of by the other financial commissioner.

section 4. of the punjab landrevenue act : 1 except so far as may be necessary for the record, recovery and administration of viilagecesses, nothing in this act applies to land which is occupied as the site of a town or village and is not assessed to landrevenue. 2 a revenueofficer may define for the purposes of this act the limits of any such land.

section 5. of the punjab landrevenue act : the local government may by notification vary the limits of the tahsils, districts and divisions into which the territories administered by it are divided, and may by notification alter the number of those tahsils and, with the previous sanction of the governor general in council, the number of those districts and divisions.

section 10. of the punjab landrevenue act : except where the class of the revenueofficer by whom any function is to be discharged is specified in this act, the local government may by notification determine the functions to be discharged under this act by any class of revenueofficers.

section 1. of the punjab landrevenue act : 1 this act may be called the punjab landrevenue act, . 2 it extends to the territories for the time being administered by the lieutenantgovernor of the punjab, including the pargana of spiti, but not so as to affect, otherwise than as expressly provided by this act, any regulation in force under the provisions of the statute 33 victoria, chapter 3, section 1, in any portion of those territories and 3 it shall come into force on such day as the local government, with the previous sanction of the governor general in council, may by notification appoint in this behalf. 4 any power conferred by this act on the financial commissioner to make rules, and on the local government to sanction them, may be exercised at any time after the passing of this ad, but a rule so made shall not take effect till the commencement of this act.

section 6. of the punjab landrevenue act : 1 there shall be the following classes of revenueofficers, namely a the financial commissioner b the commissioner c the collector d the assistant collector of the first grade and e the assistant collector of the second grade. 2 the deputy commissioner of a district shall be the collector thereof. 3 the local government may appoint any assistant commissioner, extra assistant commissioner or tahsildar to be an assistant collector of the first or of the second grade, as it thinks fit, and any naibtahsildar to be an assistant collector of the second grade. 4 appointments under subsection 3 shall be by notification, and may be of a person specially by name or by virtue of his office or of more persons than one by any description sufficient for their identification. 5 subject to the provisions or this act the jurisdiction of the commissioner extends to the whole of the territories for the time being administered by the lieutenantgovernor of the punjab, and of commissioners and of collectors and assistant collectors to the divisions and districts respectively in which they are for the time being employed.

section 2. of the punjab landrevenue act : 1 the enactments mentioned in the schedule are repealed to the extent specified in the third column thereof. 2 but all rules, appointments, assessments and transfers made, notifications and proclamations issued, authorities and powers conferred, farms and leases granted, recordsofrights and other records framed, revised or confirmed, rights acquired, liabilities incurred, times and places appointed and other things done under any of the repealed enactments shall, so far as may be, be deemed to have been respectively made, issued, conferred, granted, framed, revised, confirmed, acquired, incurred, appointed and done under this act. 3 any enactment or document referring to any enactment hereby repealed shall be construed as referring to this act.

section 11. of the punjab landrevenue act : 1 the financial commissioner shall be subject to the control of the local government. 2 the general superintendence and control over all other revenueofficers shall be vested in, and all such officers shall be subordinate to, the financial commissioner. 3 subject to the general superintendence and control of the financial commissioner, a commissioner shall control all other revenueofficers in his division 4 subject as aforesaid and to the control of the commissioner, a collector shall control all other revenueofficers in his district.

section 19. of the punjab landrevenue act : 1 a revenueofficer may summon any person whose attendance he considers necessary for the purpose of any business before him as a revenueofficer. 2 a person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner. 3 the person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the revenueofficer may require.

section 20. of the punjab landrevenue act : 1 a summons issued by a revenueofficer shall, if practicable, be served a personally on the person to whom it is addressed, or failing him on b his recognized agent or c an adult male member of his family usually residing with him. 2 if service cannot be so made, or if acceptance of service so be made is refused, the summons may be served by positing a copy thereof at the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the district in which the revenueofficer is employed and the case to which the summons relates has reference to land in that district, then by posting a copy of the summons on some conspicuous place in or near the estate wherein the land is situate. 3 if the summons relates to a case in which persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the revenueofficer so directs, be served by delivery of a copy thereof to such of those persons as the revenueofficer nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested. 4 a summons may, if the revenueofficer so directs, be served on the person named therein, either in addition to, or in substitution for, any other mode of service, by forwarding the summons by post in a letter addressed to the person and registered under part iii of the indian post office act, xiv of . 5 when a summons is so forwarded in a letter and it is proved that the letter was properly addressed and duly posted and registered, the revenueofficer may presume that the summons was served at the time when the letter would be delivered in the ordinary course of post.

section 14. of the punjab landrevenue act : save as otherwise provided by this act, the period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against, and shall be as follows, that is to say: a when the appeal lies to the collectorthirty days. b when the appeal lies to the commissionersixty days c when the appeal lies to the financial commissionerninety days.

section 18. of the punjab landrevenue act : 1 appearances before a revenueofficer, and applications to and acts to be done before him, under this act may be made or done a by the parties themselves, or b by their recognized agents or a legal practitioner: provided that the employment of a recognized agent or legal practitioner shall not excuse the personal attendance of a party to any proceeding in any case in which personal attendance is specially required by an order of the officer 2 for the purposes of subsection 1, recognized agents shall be such persons as the local government may by notification declare in this behalf. 3 the fees of a legal practitioner shall not be allowed as costs in any proceeding before a revenueofficer under this act unless that officer considers, for reasons to be recorded by him in writing, that the fees should be allowed.

section 15. of the punjab landrevenue act : 1 a revenueofficer may, either of his own motion or on the application of any party interested, review, and on so reviewing modify, reverse or confirm, any order passed by himself or by any of his predecessors in office: provided as follows: a when a commissioner or collector thinks it necessary to review any order which he has not himself passed, and when a revenueofficer of a class below that of collector proposes to review any order, whether passed by himself or by any of his predecessors in office, he shall first obtain the sanction of the revenueofficer to whose control he is immediately subject b an application for review of an order shall not be entertained unless it is made within ninety days from the passing of the order, or unless the applicant satisfies the revenueofficer that he had sufficient cause for not making the application within that period c an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order d an order against which an appeal has been preferred shall not be reviewed. 2 for the purposes of this section, the collector shall be deemed to be the successor in office of any revenueofficer of a lower class who has left the district or has ceased to exercise powers as a revenueofficer and to whom there is no successor in office. 3 an appeal shall not lie from an order refusing to review or confirming on review a previous order.

section 12. of the punjab landrevenue act : 1 the financial commissioner or a commissioner or collector may by written order distribute, in such manner as he thinks fit, any business cognizable by any revenueofficer under his control. 2 the financial commissioner or a commissioner or collector may withdraw any case pending before any revenueofficer under his control, and either dispose of it himself, or by written order refer it for disposal to any other revenueofficer under his control. 3 an order under subsection 1 or subsection 2 shall not empower any officer to exercise any powers or deal with any business which he would not be competent to exercise or deal with within the local limits of his own jurisdiction.

section 13. of the punjab landrevenue act : save as otherwise provided by this act, an appeal shall lie form an original or appellate order of a revenueofficer as follows, namely : a to the collector when the order is made by an assistant collector of either grade b to the commissioner when the order is made by a collector c to the financial commissioner when the order is made by a commissioner. provided that i when an original order is confirmed on first appeal, a further appeal shall not lie ii when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any, to him shall be final.

section 17. of the punjab landrevenue act : 1 the local government may make rules consistent with this act for regulating the procedure of revenueofficers under this act in cases in which a procedure is not prescribed by this act. 2 the rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immovable property, and rules providing for those matters may confer on a revenueofficer all or any of the powers in regard to contempts, resistance and the like which a civil court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property. 3 subject to the rules under this section, a revenueofficer may refer any case which he is empowered to dispose of under this act to another revenueofficer for investigation and report, and may decide the case upon the report.

section 16. of the punjab landrevenue act : 1 the financial commissioner may at any time call for the record of any case pending before, or disposed of by, any revenueofficer subordinate to him. 2 a commissioner or collector may call for the record of any case pending before, or disposed of by, any revenueofficer under his control. 3 if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the financial commissioner. 4 the financial commissioner may in any case called for by himself under sub section 1 or reported to him under subsection 3 pass such order as he thinks fit: provided that he shall not under this section pass an order reversing or modifying any proceeding or order subordinate revenue officer and affecting any question of right between private persons without giving those persons an opportunity of being heard.

section 21. of the punjab landrevenue act : a notice, order or proclamation, or copy of any such document, issued by a revenueofficer for service of any person shall be served in the manner provided in the last foregoing section for the service of a summons.

section 29. of the punjab landrevenue act : 1 the local government may by notification impose on any estates, or on all or any local area, a cess, to be called the villageofficers cess, at a rate not exceeding one anna for every rupee of the annual value, for remunerating villageofficers and for defraying other expenditure directly connected with the supervision of those officers or with the performance of their duties. 2 annual value in the last foregoing subsection has the meaning assigned to that expression in the punjab district board act, xx of . 3 the financial commissioner may make rule for the collection, control and expenditure of the villageofficers cess. 4 all cesses now levied in any local area for the purposes mentioned in subsection 1 shall be deemed to have been lawfully imposed and shall, until the villageofficers cess is imposed in that local area under that subsection, be deemed to be lawfully leviable and, for the purposes of this section, to be that cess.

section 30. of the punjab landrevenue act : 1 the emoluments of a kanungo, zaildar, inamdar or villageofficers shall not be liable to attachment in execution of a decree or order of any civil or revenue court. 2 an assignment of or charge on, or an agreement to assign or charge, any such emoluments shall be void unless it is authorized by rules made by the financial commissioner in this behalf.

section 31. of the punjab landrevenue act : 1 save as otherwise provided by this chapter, there shall be recordofrights for each estate. 2 the recordofrights for an estate shall include the following documents, namely: a statements showing, so far as may be practicable: i the persons who are landowners, tenants or assignees of landrevenue in the estate, or who are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein ii the nature and extent of the interests of those persons, and the conditions and liabilities attaching thereto and iii the rent, landrevenue, rates, cesses or other payments due from and to each of those persons and to the government b a statement of customs respecting rights and liabilities in the estate c a map of the estate and d such other documents as the financial commissioner may, with the pervious sanction of the local government, prescribe.

section 22. of the punjab landrevenue act : when a proclamation relating to any land is issued by a revenueofficer, it shall, in addition to any other mode of publication which may be prescribed in any provision of this act, be made by beat of drum or other customary method, and by the posting of a copy thereof on a conspicuous place in or near the land to which it relates.

section 28. of the punjab landrevenue act : 1 the financial commissioner may make rules to regulate the appointment, duties, emoluments, punishment, suspension and removal of kanungos, zaildars, inamdars and villageofficers. 2 rules under subsection 1 may direct that the emoluments of a zaildar, inamdar or villageofficer shall be such a percentage payable out of the landrevenue as may be prescribed by the rules, and that, where the landrevenue has been released, compounded for or redeemed, the percentage shall be a charge payable by the person who would be liable for the landrevenue if it had not been released compounded for or redeemed.

section 24. of the punjab landrevenue act : 1 the financial commissioner, with the approval of the local government, shall publish in the local official gazette before the commencement of each calendar year a list of days to be observed in that year as holidays by all or any revenueofficers. 2 a proceeding had before a revenueofficer on a day specified in the list as a day to be observed by him as a holiday shall not be invalid by reason only of its having been had on that day.

section 25. of the punjab landrevenue act : when a collector dies or is disabled from performing his duties, the officer who succeeds temporarily to the chief executive administration of the district under any order which may be generally or specially issued by the local government in this behalf shall be deemed to be a collector under this act.

section 26. of the punjab landrevenue act : when a revenueofficer of any class who has been invested under the foregoing provisions of this act with any powers to be exercised in any local area is transferred from that local area to another as a revenueofficer of the same or a higher class, he shall continue to exercise those powers in that other local area unless the local government otherwise directs or has otherwise directed.

section 23. of the punjab landrevenue act : 1 an assistant collector may exercise his powers under this act at any place within the limits of the district in which he is employed. 2 any other revenueofficer may only exercise his powers under this act within the local limits of his jurisdiction.

section 27. of the punjab landrevenue act : 1 the local government may by notification confer on any person a all or any of the powers of a financial commissioner, commissioner or collector under this act, or b all or any of the powers with which an assistant collector may be invested thereunder and may by notification withdraw any powers so conferred. 2 a person on whom powers are conferred under subsection 1 shall exercise those powers within such local limits and in such classes of cases as the local government may direct, and, except as otherwise directed by the local government, shall for all purposes connected with the exercise thereof be deemed to be a financial commissioner, commissioner, collector or assistant collector, as the case may be. 3 if any of the powers of a collector under this act are conferred on an assistant collector, they shall, unless the local government by special order otherwise directs, be exercised by him subject to the control of the collector.

section 39. of the punjab landrevenue act : any person neglecting to make the report required by section 34 within three months from the date of his acquisition of a right referred to in that section shall be liable, at the discretion of the collector, to a fine not exceeding five times the amount of the fee which would have been payable according to the scale fixed under the last foregoing section if the acquisition of the right had been reported immediately after its accrual.

section 32. of the punjab landrevenue act : 1 when it appears to the local government that a recordofrights for an estate does not exist, or that the existing recordofrights for an estate requires special revision, the local government may by notification direct that a recordofrights be made or that the recordofrights be specially revised, as the case may be. 2 the notification may direct that recordsofrights shall be made or specially revised for all or any estates in any local area. 3 a recordofrights made or specially revised for an estate under this section shall be deemed to be the recordofrights for the estate, but shall not affect any presumption in favour of the government which has already arisen from any previous recordofrights.

section 38. of the punjab landrevenue act : 1 the local government may fix a scale of fees for all or any classes of entries in any record or register under this chapter and for copies of any such entries. 2 a fee in respect of any entry shall be payable by the person in whose favour the entry is made

section 33. of the punjab landrevenue act : 1 the collector shall cause to be prepared by the patwari of each estate yearly, or at such other intervals as the financial commissioner may prescribe, an edition of the recordofrights amended in accordance with the provisions of this chapter. 2 this edition of the recordofrights shall be called the annual record for the estate, and shall comprise the statements mentioned in subsection 2, clause a, of section 31 and such other documents, if any, as the financial commissioner may, with the previous sanction of the local government, prescribe. 3 for the purposes of the preparation of the annual record, the collector shall cause to be kept up by the patwari of each estate a register of mutations and such other registers as the financial commissioner may prescribe.

section 41. of the punjab landrevenue act : all mines of metal and coal, and all earthoil and gold washing shall be deemed to be the property of the government for the purposes of the state and the state government shall have all powers necessary for the proper enjoyment of the governments right thereto.

section 34. of the punjab landrevenue act : 1 any person acquiring, by inheritance, purchase, mortgage, gift or otherwise, any right in an estate as a landowner, assignee of landrevenue or tenant having a right of occupancy, shall report his acquisition of the right to the patwari of the estate. 2 if the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the patwari. 3 the patwari shall enter in his register of mutations every report made to him under subsection 1 or subsection 2, and shall also make an entry therein respecting the acquisition of any such right as aforesaid which he has reason to believe to have taken place, and of which a report should have been made to him under one or other of those subsections and has not been so made. 4 a revenueofficer shall from time to time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing subsections, report should have been made to the patwari and entry made in that register, and shall in each case make such order as he thinks fit with respect to the entry in the annual record of the right acquired. 5 such an entry shall be made by the insertion in that record of a description of the right acquired and by the omission from that record of any entry in any record previously prepared which by reason of the acquisition has ceased to be correct.

section 36. of the punjab landrevenue act : 1 if during the making, revision or preparation of any record or in the course of any inquiry under this chapter a dispute arises as to any matter of which an entry is to be made in a record or in a register of mutations, a revenueofficer may of his own motion, or on the application of any party interested, but subject to the provisions of the next following section, and after such inquiry as he thinks fit, determine the entry to be made as to that matter. 2 if any such dispute the revenueofficer is unable to satisfy himself as to which of the parties thereto is in possession of any property to which the dispute relates, he shall ascertain by summary inquiry who is the person best entitled to the property, and shall by order direct that that person be put in possession thereof, and that an entry in accordance with that order be made in the record or register. 3 a direction of a revenueofficer under subsection 2 shall be subject to any decree or order which may be subsequently passed by any court of competent jurisdiction.

section 35. of the punjab landrevenue act : the acquisition of any interest in land other than a right refered to in subsection 1 of the last foregoing section shall, a if it is undisputed, be recorded by the patwari in such manner as the financial commissioner may by rules, in this behalf prescribe and, b if it is disputed, be entered by the patwari in the register of mutations and dealt with in the manner prescribed in subsections 4 and 5 of the last foregoing section.

section 37. of the punjab landrevenue act : entries in recordsofrights or in annual records, except entries made in annual records by patwaris under clause a of section 35 with respect to undisputed acquisitions of interest referred to in that section, shall not be varied in subsequent records otherwise than by a making entries in accordance with facts proved or admitted to have occurred b making such entries as are agreed to by all the parties interested therein or are supported by a decree or order binding on those parties c making new maps where it is necessary to make them

section 40. of the punjab landrevenue act : any person whose rights, interests or liabilities are required to be entered in any record under this chapter shall be bound to furnish, on the requisition of any revenueofficer or villageofficer engaged in compiling the record, all information necessary for the correct compilation thereof

section 49. of the punjab landrevenue act : 1 a general reassessment of the landrevenue of a district or tahsil shall not be undertaken without the previous sanction of the governor general in council and notification of that sanction. 2 in granting the sanction the governor general in council may prescribe such principles of assessment and give such other instructions as he thinks fit

section 48. of the punjab landrevenue act : 1 all land, to whatever purpose applied and wherever situate, is liable to the payment of landrevenue to the government, except such land as has been wholly exempted from that liability by special contract with the government or by the provisions of any law for the time being in force. 2 landrevenue may be assessed in cash or in kind, or partly in cash and partly in kind, as the local government may direct. 3 land may be assessed to landrevenue notwithstanding that that revenue, by reason of its having been assigned, released compounded for or redeemed is not payable to the government.

section 47. of the punjab landrevenue act : 1 the financial commissioner may direct that a recordofrights be made for any group of neighboring estates instead of separately for each of the estates. 2 the provisions of this chapter with respect to a recordofrights and annual record for and estate shall then, so far as they can be made applicable, apply to a recordofrights and annual record for a group of estates.

section 42. of the punjab landrevenue act : 1 when in any recordofrights completed before the eighteenth day of november, , it is not expressly provided that any forest, quarry, unclaimed, unoccupied, deserted or wasteland, spontaneous produce or other accessory interest in land belongs to the landowners, it shall be presumed to belong to the government. 2 when in any recordofrights completed after the date it is not expressly provided that any forest or quarry or any such land or interest belongs to the government, it shall be presumed to belong to the landowners. 3 the presumption created by subsection 1 may be rebutted by showing a from the records or report made by the assessing officer at the time of assessment, or b if the record or report is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land or interest, that the forest, quarry, land or interest was taken into account in the assessment of the landrevenue. 4 until the presumption is so rebutted, the forest, quarry, land or interest shall be held to belong to the government.

section 43. of the punjab landrevenue act : 1 whenever, in the exercise of any right of the government referred to in either of the two last foregoing sections, the rights of any person are infringed by the occupation or disturbance of the surface of any land, the government shall pay, or cause to be paid, to that person compensation for the infringement. 2 the compensation shall be determined as nearly as may be in accordance with the provisions of the land acquisition act, x of .

section 44. of the punjab landrevenue act : an entry made in a recordofrights in accordance with the law for the time being in force, or in an annual record in accordance with the provisions of this chapter and the rules thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor

section 45. of the punjab landrevenue act : if any person considers himself aggrieved as to any right of which he is in the possession by an entry in a recordofrights or in an annual record, he may institute a suit for a declaration of his right under chapter vi of the specific relief act, i of

section 46. of the punjab landrevenue act : the financial commissioner may make rules. a prescribing the language in which records and registers under this chapter are to be made b prescribing the form of those records and registers, and the manner in which they are to be prepared, signed and attested c for the survey of land so far as may be necessary for the preparation and correction of those records and registers d for the conduct of inquiries by revenueofficers under this chapter and e generally for the guidance of revenueofficers and villageofficers in matters pertaining to records and registers mentioned or referred to in this chapter.

section 50. of the punjab landrevenue act : 1 the assessment shall be made by a revenueofficer. 2 before making it that officer shall report his proposed method of assessment for the sanction of the financial commissioner in such form as the financial commissioner, with the previous sanction of the local government, may prescribe.

section 58. of the punjab landrevenue act : an appeal from an order under the last foregoing section or section 52 shall lie to the commissioner, and from the appellate order of the commissioner to the financial commissioner.

section 51. of the punjab landrevenue act : 1 when the revenueofficer has obtained the sanction of the financial commissioner to his proposed method of assessment, he shall make an order determining the assessment proper for each estate and announce it in such manner as the local government may prescribe. 2 at the time of announcing the assessment he shall also declare the date from which it is to take effect, and, subject to the other provisions of this act, it shall take effect accordingly.

section 52. of the punjab landrevenue act : 1 the landowner may, within thirty days from the date of the announcement of the assessment, present a petition to the revenueofficer for a reconsideration of the amount, form or conditions of the assessment. 2 where the landrevenue is assigned, the assignee thereof may within thirty days from that date present a like petition to the revenueofficer. 3 the order passed by the revenueofficer on the petition shall set forth his reasons for granting or refusing it.

section 53. of the punjab landrevenue act : 1 an assessment of the landrevenue of a district or tahsil shall not be considered final until it has been confirmed by the local government. 2 at any time before an assessment is so confirmed the commissioner or financial commissioner may modify the assessment of any estate in the district or tahsil. 3 the local government shall, when confirming an assessment under subsection 1, fix the period for which the assessment is to be in force.

section 57. of the punjab landrevenue act : 1 any person affected by a record made under subsection 1 or subsection 3 of the last foregoing section, or by the revision of a record under subsection 2 of that section, may, within thirty days from the date of the publication of the record, present a petition to the revenueofficer for a reconsideration of the record so far as it affects him. 2 the order passed by the revenueofficer on the petition shall set forth reasons for granting or refusing it.

section 59. of the punjab landrevenue act : 1 special assessment may be made by revenueofficers in the following cases, namely a when estates are formed under the next following section b when landsrevenue which has been released or assigned is resumed c when the wastelands are sold, leased or granted by the government d when the assessment of any land has been annulled or the landowner has refused to be liable therefor, and the term for which the land was to be managed by the collector or his agent or let in farm has expired e when assessments of landrevenue require revision in consequence of the action of water or sand or of calamity of season or from any other cause f when revenue due to the government on account or pasture or other natural products of land, or on account of mills, fisheries or natural products of water, or on account of other rights described in section 41 or section 42, has not been included in an assessment made under the foregoing provision of this chapter. 2 the financial commissioner may make rules for the guidance of revenueofficers in making special assessments, and may confirm such assessments. 3 the foregoing provisions of this chapter with respect to general assessments shall, subject to such modifications thereof as the financial commissioner may prescribe by rules under the last foregoing subsection, regulate the procedure of revenueofficers making special assessments.

section 54. of the punjab landrevenue act : notwithstanding the expiration of the period fixed for the continuance of an assessment under subsection 3 of the last foregoing section, the assessment shall remain in force till a new assessment takes effect.

section 55. of the punjab landrevenue act : 1 at any time within ninety days from the date of the announcement of an assessment the landowner or, where there are more landowners than one, any of them who would be individually or collectively liable for more than half the sum assessed may give notice to the revenueofficer of refusal to be liable for the assessment. 2 when the revenueofficer receives a notice under subsection 1, the collector may take possession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment thereof had been ordered as a process for the recovery of an arrear of landrevenue due thereon. 3 while the estate is in the possession of the collector, the landowner or landowners shall be entitled to receive from the government an allowance, to be fixed by the financial commissioner, which shall not be less than five or more than ten per cent. of the net income realized by the government from the estate.

section 56. of the punjab landrevenue act : 1 if the assessment announced under section 51 is in whole or in part a fixed assessment of an estate for a term of years, the revenueofficer shall, before the date on which the first installment thereof becomes payablemake an order distributing it over the several holdings comprised in the estate and make and publish a record of the distribution. 2 the collector may for sufficient reason make an order revising that record at any time while the assessment continues to be in force, and publish the record so revised. 3 if the assessment announced under section 51 is in the form of rates chargeable according to the results of each year or harvest, a revenueofficer shall from year to year or from harvest to harvest, as the conditions of the assessment may require, make and publish, not later than one month before the first installment of the landrevenue falls due, a record of the amount payable in respect of each holding. 4 the financial commissioner may make rules for the guidance of revenueofficers in making, publishing and revising records under this section.

section 67. of the punjab landrevenue act : subject to the other provisions of this act, an arrear of landrevenue may be recovered by any one or more of the following processes, namely: a by service of writ of demand on the defaulter b by arrest and detention of his person c by distress and sale of his movable property and uncut or ungathered crops d by transfer of the holding in respect of which the arrear is due e by attachment of the estate or holding in respect of which the arrear is due f by annulment of the assessment of that estate or holding g by sale of that estate or holding h by proceeding against other immovable property of the defaulter.

section 68. of the punjab landrevenue act : a writ of demand may be issued by a revenueofficer on or after the day following that on which an arrear of landrevenue accrues.

section 69. of the punjab landrevenue act : 1 at any time after an arrear of landrevenue has accrued a revenueofficer may issue a warrant directing an officer named therein to arrest the defaulter and bring him before the revenueofficer 2 when the defaulter is brought before the revenueofficer, the revenueofficer may cause him to be taken before the collector, or may keep him under personal restraint for a period not exceeding ten days and then, if the arrear is still unpaid, cause him to be taken before the collector. 3 when the defaulter is brought before the collector, the collector may issue an order to the officer in charge of the civil jail of the district, directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as the collector thinks fit. 4 the process of arrest and detention shall not be executed against a defaulter who is a female, a minor, a lunatic or idiot.

section 62. of the punjab landrevenue act : 1 the landrevenue for the time being assessed on an estate or payable in respect of a holding shall be the first charge upon the rents, and produce thereof. 2 without the previous consent of the collector, the rents, profits or produce of an estate or holding shall not be liable to be taken in execution of a decree or order of any court until the landrevenue chargeable against the rents, profits or produce, and any arrear of landrevenue due in respect of the estate or holding, have been paid.

section 66. of the punjab landrevenue act : a statement of account certified by a revenueofficer shall be conclusive proof of the existence of an arrear of landrevenue, of its amount and of the person who is the defaulter.

section 63. of the punjab landrevenue act : 1 notwithstanding anything in any recordofrights, the financial commissioner may fix the number and amount of the installments, and the times, places and manner, by, at and in which landrevenue is to be paid. 2 until the financial commissioner otherwise directs, landrevenue shall be payable by the installments, at the times and places and in the manner by, at and in which it is payable at the commencement of this act.

section 60. of the punjab landrevenue act : 1 when in the opinion of the collector or of an officer making a general reassessment of landrevenue under the foregoing provisions of this chapter, the wasteland belonging to or adjoining an estate is so extensive as to exceed the requirements of the owners of the estate with reference to pasturage or other useful purpose, the collector or officer may at any time, with the previous sanction of the financial commissioner, make a separate assessment of the wasteland which he considers to be so in excess, and offer that land at that assessment, for such term and on such conditions as he thinks fit, to the owners of the estate to which it belongs, and, if they refuse the offer, to the owners of any estate which the land adjoins, and, if they also refuse the offer, to any other person. 2 when the owners of the estate to which the wasteland belongs refuse the offer, the collector shall assign to them an annual allowance not less than five and not more than ten per cent. of the net income realized by the government form the land.

section 61. of the punjab landrevenue act : 1 in the case of every estate, the entire estate and the landowner or, if there are more than one, the landowners jointly or severally shall be liable for the landrevenue for the time being assessed on the estate : provided that a the local government, with the previous sanction of the governor general in council, may by notification declare that in any estate a holding or its owner shall not be liable for any part of the landrevenue for the time being assessed on the estate except that part which is payable in respect of the holding and b when there superior and inferior landowners in the same estate, the financial commissioner may by rule, or by special order in each case, determine weather the superior or inferior landowners shall be liable for the landrevenue, or weather both shall be so liable and, if so, in what proportions. 2 a notification under proviso a to subsection 1 may have reference to any single estate or to any class of estates or estates generally in any local area.

section 64. of the punjab landrevenue act : 1 the financial commissioner may make rules consistent with this act to regulate the collection, remission and suspension of landrevenue, and may by those rules determine the circumstances and terms in and on which assigned land revenue may, be collected by the assignee 2 where landrevenue due to an assignee is collected by a revenueofficer, there shall be deducted from the sum collected such a percentage on account of the cost of collection as the financial commissioner may by rule in this behalf prescribe. 3 a suit for an arrear of assigned landrevenue shall not be entertained unless there is annexed to the plaint at the time of the presentation thereof a document under the hand of the collector specially authorizing the institution of the suit.

section 65. of the punjab landrevenue act : the costs of any process issued under this chapter shall be recoverable as part of the arrear of landrevenue in respect of which the process was issued.

section 77. of the punjab landrevenue act : 1 if the arrear cannot be recovered by any of the processes hereinbefore provided, or if the financial commissioner considers the enforcement of any of those processes to be inexpedient, the collector may, where the defaulter owns any other estate or holding, or any other immovable property, proceed under the provisions of this act against that property as if it were the land in respect of which the arrear is due: provided that no interest save those of the defaulter alone shall be so proceeded against, and no incumbrances created, grants made or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against. 2 when the collector determines to proceed under this section against immovable property other than the land in respect of which the arrear is due, he shall issue a proclamation prohibiting the transfer or charging of the property. 3 the collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear. 4 any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof shall be void. 5 in proceedings against property under this section the collector shall follow, as nearly as the nature of the property will admit, the procedure prescribed for the enforcement of process against land on which an arrear of landrevenue is due.

section 78. of the punjab landrevenue act : 1 notwithstanding anything in section 66, when proceedings are taken under this act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a civil court for the recovery of the amount so paid. 2 a suit under subsection 1 must be instituted in a court having jurisdiction in the place where the office of the collector of the district in which the arrear or some part thereof accrued is situate.

section 72. of the punjab landrevenue act : 1 at any time after an arrear of landrevenue has accrued, the collector may cause the estate or holding in respect of which the arrear is due to be attached and taken under his own management or that of an agent appointed by him for that purpose. 2 the collector or the agent shall be bound by all the engagements which existed between the defaulter and his tenants, if any, and shall be entitled to manage the land and to receive all rents and profits accruing therefrom to the exclusion of the defaulter until the arrear has been satisfied, or until the collector restores the land to the defaulter. 3 all surplus profits of the land attached beyond the cost of attachment and management and the amount necessary to meet the current demand for landrevenue and rates and cesses shall be applied in discharge of the arrear. 4 land shall not be attached for the same arrear for a longer term than five years from the commencement of the agricultural year next following the date of the attachment, but, if the arrear is sooner discharged, the land shall be released and the surplus, receipts, if any, made over to the landowner

section 79. of the punjab landrevenue act : 1 on the receipt of the sanction of the financial commissioner to the sale of any immovable property, the collector shall issue a proclamation of the intended sale, specifying a the date, time and place of the sale b the property to be sold, and, if it is an estate or holding, the landrevenue assessed thereon or payable in respect thereof c if the property is to be sold for the recovery of an arrear due in respect thereof, the incumbrances, grants, contracts and rights of occupancy, if any, specially saved by order of the financial commissioner under section 76, subsection 2, clause c d if the property is to be sold otherwise than for the recovery of an arrear due in respect thereof any incumbrance, grant or contract to which the property is known to be liable and e the amount for the recovery of which the sale is ordered. 2 the proclamation shall also state that any person intending to claim a right of preemption must, on pain of forfeiting the right, give notice of his intention to the collector on an officeday before that fixed for the sale. 3 the place of sale specified under clause a of subsection 1 must be either the office of the collector or some place appointed by the collector in this behalf and situate in or near the property to be sold.

section 76. of the punjab landrevenue act : 1 land sold under the last foregoing section shall be sold free of all incumbrances and all grants and contracts previously made by any person other than purchaser in respect of the land shall become void as against the purchaser at the sale. 2 nothing in subsection 1 shall affect a a tenants right of occupancy, unless the right was created by the defaulter himself, or b any lease at fair rent, temporary or perpetual, for the erection of a dwellinghouse or manufactory, or for a mine, garden, tank, canal, place of worship, or burial ground, so long as the land continues to be used for the purpose specified in the lease, or c any incumbrance, grant, contract or right of occupancy specially saved by order of the financial commissioner and proclaimed as hereinafter provided.

section 70. of the punjab landrevenue act : 1 at any time after an arrear of landrevenue has accrued, the moveable property and uncut or ungathered crops of the defaulter may be distrained and sold by order of a revenueofficer. 2 the distress and same shall be conducted, as nearly as may be, in accordance with the law for the time being enforced for the attachment and sale of moveable property under the decree of a revenue court constituted under the punjab tenancy act, xvi of : provided that, in addition to the particulars exempted by that law from liability to sale, so much of the produce of the land of the defaulter as the collector things necessary for seedgrain and for the subsistence, until the harvest next following, of the defaulter and his family, and of any cattle exempted by that law, shall be exempted from sale under this section.

section 71. of the punjab landrevenue act : 1 at any time after an arrear of landrevenue has accrued on a holding, the collector may transfer the holding to any person being a landowner of the estate in which the holding is situate and not being a defaulter in respect of his own holding, on condition of his paying the arrear before being put in possession of the holding, and on such further conditions as the collector may see fit to prescribe. 2 the transfer may, as the collector thinks fit, be either till the end of the agricultural year in which the defaulter pays to the transferee the amount of the arrear which the transferee paid before being put in possession of the holding, or for a term not exceeding fifteen years from the commencement of the agricultural year next following the date of the transfer. 3 the collector shall report to the financial commissioner any transfer made by him under this section, and the financial commissioner may set aside the transfer or alter the conditions thereof, or pass such other order as he thinks fit. 4 a transfer under this section shall not affect the joint and several liability of the landowners of the estate in which it is enforced. 5 in respect of all rights and liabilities arising under this act the person to whom the holding is transferred shall, subject to the conditions of the transfer, stand in the same position as that in which the defaulter would have stood if the holding had not been transferred. 6 when the transfer was for a term, the holding shall, on the expiration of the term, be restored by the collector to the defaulter free of any claim on the part of the government or the transferee for any arrear of landrevenue or rates and cesses due in respect thereof.

section 73. of the punjab landrevenue act : 1 when an arrear of landrevenue has been due for a longer period than one month, and the foregoing processes are not deemed sufficient for the recovery thereof, the financial commissioner may, in addition to or instead of all or any of those processes, order the existing assessment of the estate or holding in respect of which the arrear is due to be annulled. 2 the provisions of this section shall not be put in force for the recovery of an arrear of landrevenue which has accrued on land a while under attachment under the last foregoing section, or b while under the charge of the court of wards. 3 when the assessment of any land has been annulled, the collector may, with the previous sanction of the financial commissioner, either manage the land himself or through an agent, or let it in farm to any person willing to accept the farm, for such term and on such conditions as may be sanctioned by the financial commissioner: provided that the term for which land may be so managed or farmed shall not be longer than fifteen years from the commencement of the agricultural year next following the date of the annulment. 4 at some time before the expiration of that term the collector shall determine the assessment to be paid in respect of the estate or holding for the remainder of the term of the current assessment of the district or tehsil, and, when that assessment has been sanctioned by the financial commissioner, shall announce it to the landowner. 5 the landowner may give notice to the collector of refusal to be liable for the assessment within thirty days from the date on which the assessment was announced to him. 6 if notice is so given, the collector may, with the previous sanction of the financial commissioner, take the estate or holding under direct management or farm it for the remainder of the term of the current assessment of the district or tehsil, or for any period within that term which the financial commissioner may fix. 7 when the assessment of a holding is annulled, the joint responsibility of the other landowners of the estate for the landrevenue of that holding becoming due after the annulment shall be in abeyance until the a new assessment takes effect. 8 the financial commissioner may direct that any contract made by the defaulter, or by any person through whom the defaulter claims, with respect to any land comprised in an estate or holding of which the assessment has been annulled shall not be binding on the collector or his agent or farmer during the period for which the estate or holding remains under the management of the collector or his agent or is let in farm

section 74. of the punjab landrevenue act : 1 when any land is attached under section 72, or when the assessment of any land has been annulled under the last foregoing section, the collector shall make proclamation thereof. 2 no payment made by any person to the defaulter before the making of the proclamation on account of rent or any other asset in anticipation of the usual time for the payment shall, without the special sanction of the collector, be credited to that person or relieve him from liability to make the payment to the collector or his agent or farmer. 3 no payment made after the making of the proclamation on account of rent or any other asset of the estate or holding to any person other than the collector or his agent or farmer shall be credited to the person making the payment or relieve him from liability to make the payment to the collector or his agent or farmer.

section 75. of the punjab landrevenue act : when an arrear of landrevenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the collector, with the previous sanction of the financial commissioner, may, in addition to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the estate or holding in respect of which the arrear is due : provided that land shall not be sold for the recovery of a any arrear which has accrued while the land was under the charge of the court of wards, or was so circumstanced that the court of wards might have exercised jurisdiction over it under the provisions of section 35 of the punjab laws act, , iv of clause a, b, c or d or b any arrear which has accrued while the land was under attachment under section 72 of this act or c any arrear which has accrued while the land was held under direct management by the collector or in farm by any other person, under section 73, after either an annulment of assessment or a refusal to be liable therefor.

section 87. of the punjab landrevenue act : 1 at any time before the close of the day on which the sale takes place any person who has given notice of his intention to claim a right of preemption under section 79, subsection 2, may, on payment to the officer conducting the sale of a deposit of twentyfive per centum on the highest bid made at the sale, claim to take the property at that bid. 2 if the right is not disputed, he shall be declared to be the purchaser. 3 if the right is disputed, the collector shall inquire into and decide the dispute and declare the purchaser, and his decision and declaration shall be final.

section 88. of the punjab landrevenue act : the full amount of the purchasermoney shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared.

section 89. of the punjab landrevenue act : in default of payment of the full amount of the purchasemoney within the period mentioned in the last foregoing section, the deposit referred to in section 85 or section 87, as the case may be, shall, after defraying the expenses of the sale, be forfeited to the government and may, if the collector, with the previous sanction of the commissioner, so directs, be applied in reduction of the arrear, and the property shall be resold, and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.

section 82. of the punjab landrevenue act : 1 the sale shall not take place on a sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was posted in the office of the collector. 2 the sale shall be by public auction and shall be conducted either by the collector in person or by a revenueofficer specially appointed by him in this behalf.

section 86. of the punjab landrevenue act : if the person who made the highest bid fails to pay the deposit as required by the last foregoing section, the property shall forthwith be put up again and sold, and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the resale, may be recovered from him by the collector as if the same were an arrear of landrevenue.

section 80. of the punjab landrevenue act : a revenueofficer shall not be answerable for any error, misstatement or omission in any proclamation under the last foregoing section, unless the same has been committed or made dishonestly.

section 81. of the punjab landrevenue act : 1 a copy of the proclamation shall be served on the defaulter and be posted in a conspicuous part of the office of the tahsildar of the tahsil in which the property is to be sold is situate . 2 after a copy of the proclamation has been served on the defaulter and posted in the office of the tahsildar, a copy thereof shall be posted in the office of the collector. 3 the proclamation shall be further published in manner prescribed in section 22 and in such other manner as the collector thinks expedient.

section 85. of the punjab landrevenue act : when the highest bid at the auction has been ascertained the person who made that bid shall, on the requisition of the officer conducting the sale, pay to that officer a deposit of twentyfive per centum on the amount of his bid, and shall, on payment thereof, be declared to be the purchaser subject to the provisions of this chapter with respect to the exercise of any right of preemption.

section 97. of the punjab landrevenue act : when a villageofficer required by rules under section 28 to collect any landrevenue or sum recoverable as an arrear of landrevenue satisfies a revenueofficer that the revenue or sums has fallen due and has not been paid to him, the revenueofficer may, subject to any rules which the financial commissioner may make in this behalf, recover it is if it were an arrear of landrevenue.

section 98. of the punjab landrevenue act : in addition to any sums recoverable as arrears of landrevenue under this act or any other enactment for the time being in force, the following sums may be so recovered, namely : a fees, fines, costs and other charges, including the villageofficers cess, payable under this act b revenue due to the government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water, or on account of other rights described in section 41 or section 42 in cases in which the revenue so due has not been included in the assessment of an estate c fees payable to district boards or local boards under section 33 of the punjab districts boards act, xx of , for the use of or benefits derived from such works as are referred to in section 20, clauses i and j , of that act d sums leviable by or under the authority of the government as waterrates, or on account of the maintenance or management of canals, embankments or other irrigationworks, not being sums recoverable as arrears of landrevenue under any enactment for the time being in force and e sums payable to the government by a person who is surety for the payment of any of the foregoing sums or of any other sum recoverable as an arrear of landrevenue.

section 90. of the punjab landrevenue act : every sale of immoveable property under this chapter shall be reported by the collector to the commissioner.

section 91. of the punjab landrevenue act : 1 at any time within thirty days from the date of sale, application may be made to the commissioner to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it. 2 but a sale shall not be set aside on that ground unless the applicant proves to the satisfaction of the commissioner that he has sustained substantial injury by reason of the irregularity or mistake.

section 95. of the punjab landrevenue act : 1 after a sale has been confirmed in manner aforesaid, the collector shall put the person declared to be the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property. 2 the certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and if it was so sold, shall set forth the incumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale as specially saved by order of the financial commissioner under section 76, subsection 2 , clause c. 3 the certificate shall be deemed to be a valid transfer of the property but need not to be registered as a conveyance. 4 any suit brought in any court against the certified purchaser on the ground that the purchase was made on behalf of a person other than the certified purchaser shall be dismissed with costs. 5 the certified purchaser of any immovable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable for all instalments of landrevenue and rates and cesses falling due in respect thereof after that date.

section 100. of the punjab landrevenue act : 1 the financial commissioner may make rules as to the manner in which the boundaries of all or any estates in any local area are to be demarcated and as to the surveymarks to be erected within those estates. 2 rules under this section may prescribe, among other matters, the forms of surveymarks and the material to be used in their construction.

section 93. of the punjab landrevenue act : whenever the sale of any property is set aside, the purchaser shall be entitled to receive back his purchasemoney.

section 94. of the punjab landrevenue act : a sale made after a postponement under section 83, and a resale consequent on a purchasers default under section 89 or on the setting aside of a sale under section 92, shall be made after the issue of a fresh proclamation in the manner hereinbefore prescribed for the sale.

section 108. of the punjab landrevenue act : 1 if any person willfully destroys or injures or without lawful authority removes a surveymark lawfully erected, he may be ordered by a revenueofficer to pay such fine not exceeding fifty rupees for each mark so destroyed, injured or removed as may, in the opinion of the revenueofficer, be necessary to defray the expense of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal. 2 the imposition of a fine under this section shall not bar a prosecution under section 434 of the indian penal code.

section 99. of the punjab landrevenue act : 1 the provisions of chapter vi shall, with respect to any sum mentioned or referred to in this chapter, apply, so far as they can be made applicable, as if the sum were an arrear of landrevenue and the person from whom, either as principal or as surety, it is due were a defaulter in respect of such an arrear. 2 unless any such sum is declared by any enactment for the time being in force to be recoverable as if it were an arrear of landrevenue due in respect of the land charged therewith, the provisions of section 77 shall apply under subsection 1 to the recovery thereof.

section 109. of the punjab landrevenue act : every villageofficer of an estate shall be legally bound to furnish a revenueofficer with information respecting the destruction or removal of, or any injury done to, any surveymark lawfully erected in the estate.

section 96. of the punjab landrevenue act : 1 when a sale of immoveable property under this chapter has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, due to the government from the defaulter at the date of the confirmation of the sale, whether the arrears are of landrevenue, or of sums recoverable as arrears of landrevenue, and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person, then to the owners either collectively or according to the amount of their recorded interests, as the collector thinks fit. 2 the surplus shall not, except under an order of a court, be paid to any creditor of a person whose property has been sold. 3 if the proceeds of the sale fall short of such arrears as are referred to in subsection 1, the balance remaining due from the defaulter may be recovered from him by further proceedings under this chapter or by any other means authorized by law.

section 83. of the punjab landrevenue act : the collector may from time to time postpone the sale.

section 101. of the punjab landrevenue act : 1 a revenueofficer may, for the purpose of framing any record or making any assessment under this act, or on the application of any person interested, define the limits of any estate, or of any holding, field or other portion of an estate, and may, for the purpose of indicating those limits, require surveymarks to be erected or repaired. 2 in defining the limits of any land under subsection 1, the revenueofficer may cause surveymarks to be erected on any boundary already determined by, or by order of, any court, revenueofficer or forest settlementofficer, or restore any surveymarks already set up by, or by order of, any court or any such officer.

section 104. of the punjab landrevenue act : any revenueofficer, and any person acting under the orders of a revenueofficer, may, in the discharge of any duty under this act, enter upon and survey land and erect surveymarks thereon and demarcate the boundaries thereof, and do all other acts necessary for the proper performance of that duty

section 102. of the punjab landrevenue act : subject to any rules which the financial commissioner may make in this behalf, surveymarks shall be erected and kept in repair by or at the cost of the persons interested in the land for the indication of the limits of which they are required: provided that the local government may in any case direct that the cost of erection shall be borne by the government or be paid out of the proceeds of the villageofficers cess.

section 107. of the punjab landrevenue act : 1 if it is necessary to make a survey by other agency than that of revenueofficers or villageofficers, the local government may publish a notification stating a the local area to be surveyed and the nature of the survey b the names or official designations of the officers by whom the survey is to be made and c the kind of surveymarks to be erected by those officers. 2 from the date of the notification the officers specified therein, and the persons acting under their orders, shall have for the purposes of the survey the powers conferred on revenueofficers by section 104.

section 103. of the punjab landrevenue act : 1 if the persons interested in the land fail to erect or repair a surveymark within thirty days from the date of their being required by a revenueofficer to do so, the revenueofficer may cause it to be erected or repaired. 2 where the revenueofficer causes a surveymark to be erected or repaired, he shall, subject to any rules or direction under the last foregoing section, apportion the cost amongst the persons interested in the land in such manner as he deems just, and certify the same to the collector. 3 the collector may recover the cost as if it were an arrear of landrevenue.

section 106. of the punjab landrevenue act : 1 for the purposes of the survey of any land in pursuance of rules under section 46, clause c, the landowners shall be bound to provide fit persons to act as flag holders and chainmen. 2 if the landowners fail to provide such persons or to provide them in sufficient number, such other persons as a revenueofficer considers necessary may be employed and the cost of employing them recovered from the landowners as if it were an arrear of landrevenue.

section 110. of the punjab landrevenue act : 1 a partition of land, either under this chapter or otherwise, shall not, without the express consent of the financial commissioner, affect the joint liability of the land or of the landowners thereof for the revenue payable in respect of the land, or operate to create a new estate, and, if any conditions are attached to that consent, those conditions shall be binding on the parties to the partition. 2 a partition of a tenancy shall not, without the express consent of the landlord, affect the joint liability of the cosharers therein for the payment of the rent thereof.

section 105. of the punjab landrevenue act : 1 when any land is being surveyed in pursuance of rules under section 46, clause c, any revenueofficer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate, within a specified time, by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests. 2 if a person to whom the notice or proclamation is addressed fails to comply with the requisition, he shall be liable at the discretion of the revenueofficer to fine, which may extend to ten rupees.

section 92. of the punjab landrevenue act : 1 after the expiration of thirty days from the date of the sale, if such application as is mentioned in the last foregoing section has not been made, or if such application has been made and rejected, the commissioner shall make an order confirming the sale, and, if such application has been made and allowed, the commissioner shall make an order setting aside the sale. 2 an order made under this section shall be final.

section 118. of the punjab landrevenue act : 1 when there is a question as to the property to be divided, or the mode of making a partition, the revenueofficer shall, after, such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision. 2 an appeal may be preferred to the commissioner from an order under subsection 1 within fifteen days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the revenueofficer by the commissioner, the revenueofficer shall stay proceedings pending the disposal of the appeal. 3 if an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his shares, he shall be permitted to withdraw therefrom on such terms as the revenueofficer thinks fit. 4 when an applicant withdraw, under the last foregoing subsection, the revenueofficer may, where the other applicants, if any, desire the continuance of the proceeding, continue them in so as far they relate to the partition of the shares of those other applicants.

section 119. of the punjab landrevenue act : when any such property as is referred to in section 112, clause 2, is excluded from partition, the revenueofficer may determine the extent and manner to and in which the cosharers and other persons interested therein may make use thereof, and the proportion in which the expenditure incurred thereon and profits derived therefrom, respectively, are to be borne by and divided among those persons or any of them.

section 111. of the punjab landrevenue act : any joint owner of land, or any joint tenant of a tenancy in which a right of occupancy subsists, may apply to a revenueofficer for partition of his share in the land or tenancy, as the case may be, if. a at the date of the application the share is recorded under chapter iv as belonging to him, or. b his right to the share has been established by a decree which is still subsisting at the date, or. c a written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.

section 117. of the punjab landrevenue act : 1 when there is a question as to title in any of the property of which partition is sought, the revenueofficer may decline to grant the application for partition until the question has been determined by a competent court, or he may himself proceed to determine the question as though he were such a court. 2 where the revenueofficer himself proceeds to determine the question, the following rules shall apply, namely: a if the question is one over which a revenue court has jurisdiction, the revenueofficer shall proceed as a revenue court under the provisions of the punjab tenancy act, xvi of . b if the question is one over which a civil court has jurisdiction, the procedure of the revenueofficer shall be that applicable to the trial of an original suit by a civil court, and he shall record a judgment and decree containing the particulars required by the code of civil procedure to be specified therein. c an appeal shall lie from the decree of the revenueofficer under clause b as though that decree were a decree of a district judge in an original suit. d upon such an appeal being made, the divisional court or chief court, as the case may be, may issue an injunction to the revenueofficer requiring him to stay proceeding pending the disposal of the appeal. e from the appellate decree of a divisional court upon such an appeal a further appeal shall lie to the chief court if such a further appeal is allowed by the law for the time being in force.

section 112. of the punjab landrevenue act : notwithstanding anything in the last foregoing section 1 places of worship and burial grounds held in common before partition shall continue to be so held after partition, unless the parties otherwise agree among themselves and record their agreement and file it with the revenueofficer 2 partition of any of the following properties, namely: a any embankment, watercourse, well or tank, and any land on which the supply of water to any such work may depend, b any grazingground, and c any land which is occupied as the site of a town or village and is assessed to land revenue may be refused if in the opinion of the revenueofficer the partition of such property is likely to cause inconvenience to the coshares or other persons directly or indirectly interested therein or to diminish the utility thereof to these persons 3 the fact that a partition on the application of a joint owner of land would render necessary the severance into two or more parts of the land comprised in the tenancy of a tenant having a right of occupancy may, unless the tenant assents to the severance, be a sufficient reason for the disallowance of the partition in so far as it would affect that tenancy and 4 the fact that the landlord objects to the partition of a tenancy may be sufficient reason for the absolute disallowance of the partition thereof.

section 115. of the punjab landrevenue act : after examining such of the coshares and other persons as may be present on that day, the revenueofficer may, if he is of opinion that there is good and sufficient cause why partition should be absolutely disallowed, refuse the application, recording the grounds of his refusal.

section 114. of the punjab landrevenue act : on the day fixed for the hearing, or on any day to which the hearing may be adjourned, the revenueofficer shall ascertain whether any of the other cosharers desire the partition of their share also, and, if any of them so desire, he shall add them as applicants for partition

section 113. of the punjab landrevenue act : the revenueofficer, on receiving the application under section 111, shall, if it is in order and not open to objection on the face of it, fix a day for the hearing thereof, and a cause notice of the application and of the day so fixed to be served on such of the recorded coshares as have not joined in the application, and, if the share of which partition is applied for is a share in a tenancy, on the landlord also and b if he thinks fit, cause the notice to be served on, or proclaimed for the information of, any other persons whom he may deem to be directly or indirectly interested in the application

section 116. of the punjab landrevenue act : if the revenueofficer does not refuse the application under the last foregoing section, he shall ascertain the question, if any, in dispute between any of the persons interested, distinguishing between a questions as to title in the property of which partition is sought and b questions as to the property to be divided, or the mode of making the partition.

section 120. of the punjab landrevenue act : 1 the amount of revenue to be paid in respect of each of the holdings into which land has been divided on a partition, and the amount of rent to be paid in respect of each of the portions into which a tenancy has been so divided, shall be determined by the revenueofficer making the partition. 2 the determination of the revenueofficer as to the revenue to be paid in respect of each holding shall, where the estate in which the holding is situate in subject to a fixed assessment, be deemed to be an order under section 56, subsection 1. 3 where new estates have been created at a partition and the landrevenue has been fraudulently or erroneously distributed among them, the local government may, within twelve years from the time of discovery of the fraud or error, order a new distribution of the landrevenue among the several estates, on a estimate of the assets of each estate at the time of the partition, to be made conformably to the best evidence and information procurable respecting the same.

section 128. of the punjab landrevenue act : 1 in referring a dispute to arbitration a revenueofficer shall make an order of reference, and specify therein the precise matter submitted toarbitration, the number of arbitrators which each party to the dispute is to nominate, the period within which arbitrators are to be nominated, and the period within which the award is to be delivered. 2 the number of arbitrators which each party may nominate must be the same and must not exceed two. 3 if from any cause arbitrators are not nominated, or an award is not delivered, within the period fixed therefor in the order of reference, the revenueofficer may from time to time enlarge that period, or may cancel the order of reference.

section 122. of the punjab landrevenue act : an owner or tenant to whom any land or portion of a tenancy, as the case may be, is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties to the proceedings and their legal representatives, and a revenueofficer shall, on application made to him for the purpose by any such owner or tenant at any time within three years from the date recorded in the instrument of partition under the last foregoing section, give effect to that instrument so far as it concerns the applicant as if it were a decree for immovable property.

section 129. of the punjab landrevenue act : 1 when an order of reference has been made, the parties may each nominate the number of arbitrators specified in the order, and the revenueofficer shall nominate one other arbitrator. 2 the revenueofficer may, for reasons to be recorded by him, make an order disallowing any nomination made by either party and requiring the party to make another nomination within a time to be specified in the order. 3 an order under the last foregoing subsection shall be final.

section 127. of the punjab landrevenue act : 1 any revenueofficer may, with the consent of the parties, refer to arbitration any dispute arising before him in any matter under this act. 2 a collector or any assistant collector of the first grade may, without the consent of the parties, refer to arbitration any dispute before him with respect to a any matter of which an entry is to be made in any record or register under chapter iv b any matter relating to the distribution of an assessment under section 56 c the limits of any estate or of any holding, field or other portion of an estate or d the property to be divided at a partition or the mode of making a partition.

section 130. of the punjab landrevenue act : if an arbitrator nominated by the party dies, desires to be discharged or refuses or becomes incapable to act, the party may nominate another person in his stead.

section 123. of the punjab landrevenue act : 1 in any case in which a partition has been made without the intervention of a revenueofficer, any party thereto may apply to a revenueofficer for an order affirming the partition. 2 on receiving the application, the revenueofficer shall inquire into the case, and, if he finds that the partition has in fact been made, he may make an order affirming it and proceed under sections 119, 120, 121 and 122, or any of those sections, as circumstances may require, in the same manner as if the partition had been made on an application to himself under this chapter.

section 124. of the punjab landrevenue act : the financial commissioner may make rules for determining the costs of partitions under this chapter and the mode in which such costs are to be apportioned.

section 121. of the punjab landrevenue act : when a partition is completed, the revenueofficer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect to be recorded therein.

section 131. of the punjab landrevenue act : in any of the following cases, namely a if either of the parties fails to nominate an arbitrator under subsection 1 of section 129 within the period fixed in the order of reference, or b if the nomination of an arbitrator has been disallowed under subsection 2 of section 129, and another arbitrator is no nominated within the time specified in the order under that subsection or , having been so nominated, his nomination is also disallowed, or c if a party entitled to nominate an arbitrator in the place of another arbitrator under section 130, fails to nominate him within one week from the date of the communication to him of a notice requiring him to make the nomination, or d if an arbitrator nominated by the revenueofficer dies, desires to be discharged or refuses or becomes incapable to act, the revenueofficer may nominate a person as arbitrator.

section 125. of the punjab landrevenue act : when by established custom any land in an estate is subject to periodical redistribution of a revenueofficer may, on the application of any of the landowners, enforce the redistribution according to the custom, and for this purpose may exercise all or any of the powers of a revenueofficer in proceedings, for partition

section 126. of the punjab landrevenue act : the revenueofficer by whom proceedings may be taken under this chapter shall be a revenueofficer of a class not below that of assistant collector of the first grade.

section 132. of the punjab landrevenue act : 1 the revenueofficer shall, on the application of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to examine as he may issue in any proceeding under this act before himself. 2 any such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under subsection 1, either in person or by agent, as the arbitrators may require. 3 the person attending in obedience to the process shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as may be specified in the process.

section 133. of the punjab landrevenue act : 1 the arbitrators shall make an award in writing under their hands concerning the matters referred to them for arbitration, and state therein their reasons therefor, and any arbitrator dissenting from the award made by a majority of the arbitrators shall state the grounds of his dissent. 2 the arbitrators shall present the award to the revenueofficer in person unless that officer permits them to present it by agent.

section 134. of the punjab landrevenue act : 1 when the award has been received, the revenueofficer shall, if the parties are present, consider forthwith any objection which they may have to make thereto, and, if they are not present, fix a date for the consideration thereof. 2 where a date has been fixed for the consideration of an award, the revenueofficer shall on that date, or on any subsequent date to which an adjournment may be made, hear any objections which the parties may have to make to the award. 3 the revenueofficer may also, if he thinks fit, question the arbitrators as to the grounds of their award.

section 141. of the punjab landrevenue act : orders issued by any civil or criminal court for the attachment, sale or delivery of any land or interest in land, or for the attachment or sale of the produce of any land, shall be addressed to the collector or such revenueofficer as the collector may appoint in this behalf, and be executed by the collector or that officer in accordance with the provisions of the law applicable to the court issuing the orders and with any rules consistent there with made by the financial commissioner with the concurrence of the chief court and the previous sanction of the local government.

section 84. of the punjab landrevenue act : if at any time before the bidding at the auction is completed the defaulter pays the arrears in respect of which the property has been proclaimed for sale, together with the costs incurred for the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same either at the place and in the manner prescribed under section 63 or into the government treasury, the sale shall be stayed.

section 143. of the punjab landrevenue act : 1 the attachment of the produce of any land in pursuance of an order of any court or other authority shall not prevent the person to whom the produce belongs from reaping, gathering or storing it or doing any other act necessary for its preservation. 2 the attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so. 3 when sale of produce follows on its attachment, the purchaser shall be entitled, by himself or by any person appointed by him in his behalf, to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.

section 142. of the punjab landrevenue act : 1 not withstanding anything in any other enactment for the time being in force, an order issued by any court for the attachment of assigned landrevenue shall require the person by whom the revenue is payable to pay it to the collector, and the collector to hold it subject to the further orders of the court. 2 a payment to the collector under subsection 1 shall be an effectual discharge to the person making it

section 135. of the punjab landrevenue act : 1 the revenueofficer may accept, modify or reject the award, recording his reasons for doing so in his decision respecting the dispute which was referred to arbitration. 2 an appeal shall lie from the decision as if arbitrators had not been appointed.

section 136. of the punjab landrevenue act : 1 the local government may, by order published in the official gazette, invest any revenueofficer making or specially revising recordsofrights in any local area in pursuance of a notification under section 32 or making reassessment of landrevenue in any local area in pursuance of a notification under section 49, or any revenueofficer to whose control that officer is subject, with all or any of the powers of any court constituted under the punjab courts act, xviii of , for the purpose of trying all or any specified classes of suits or appeals relating to land arising in the local area. 2 the local government may cancel an order under subsection 1 wholly or in part. 3 while an order or any part of an order under that subsection continues in force, the powers conferred thereby shall be exercised by the officer invested therewith and not otherwise. 4 any cases pending before that officer under the order or a subsisting part of the order at the time of cancellation thereof may be disposed of by him as if the order or that part of it continued in force, unless the local government directs, as it is hereby empowered to do, that those cases shall be transferred for disposal to the courts by which they would have been disposed of if the order had not been published.

section 137. of the punjab landrevenue act : 1 the local government may by notification direct that the provisions of this act with respect to the superintendence and control over revenueofficers shall, subject to any modification of those provisions which the local government thinks fit, apply to any revenueofficer, except the financial commissioner, who has been invested with the powers of a civil court of any of the classes specified in clauses a , b, c and d of section 17 of the punjab courts act, xviii of , and that appeals shall lie from his decrees and orders to, and his decrees and orders be subject to revision by, a revenueofficer invested under the last foregoing section with the powers of a court which would be competent under the punjab courts act, , to hear appeals from, or revise, such decrees and orders if they had been made by a court with the powers of which the revenueofficer who made them has been invested. 2 in the absence of any such notification, a revenueofficer invested under the last foregoing section with the powers of any such civil court as aforesaid shall, with respect to the exercise of those powers, be deemed to be such a civil court for the purpose of the punjab courts act, .

section 138. of the punjab landrevenue act : 1 in either of the following cases, namely: a when a headman or other landowner, or an assignee of landrevenue, to whom any sum other than rent is payable on account of a liability under this act refuses to receive the sum from, or to grant a receipt therefor to, the person by whom it is payable, b when the person by whom any such sum is payable is in doubt as to the headman or other landowner, or the assignee of landrevenue, entitled to receive it. that person may apply to a revenueofficer for leave to deposit the sum in his office, and the revenueofficer shall receive the deposit if, after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof. 2 when a deposit has been so received, the liability of the depositor to the headman or other landowner, or the assignee of landrevenue, for the amount thereof shall be discharged.

section 140. of the punjab landrevenue act : 1 a revenueofficer receiving a deposit purporting to be made on any other account shall give notice of the receipt thereof to every person who he has reason to believe claims or is entitled to the deposit, and may pay the amount thereof to any person appearing to him to be entitled to the same, or may, if he thinks fit, retain the deposit pending the decision of a civil court as to the person so entitled. 2 no suit or other proceeding shall be instituted against the secretary of state for india in council, or against any officer of the government, in respect of anything done by a revenueofficer under this section, but nothing in this subsection shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by a revenueofficer.

section 139. of the punjab landrevenue act : if the deposit purports to be made on account of any payment due to the government, it may be credited accordingly

section 151. of the punjab landrevenue act : 1 any record or paper which a villageofficer is required by law, or by any rule under this act, to prepare or keep shall be deemed to be the property of the government. 2 a villageofficer shall, with respect to any such record or paper in his custody, be deemed for the purposes of the indian evidence act, i of , to be a public officer having the custody of a public document which any person has a right to inspect.

section 144. of the punjab landrevenue act : in either of the following cases, namely: a where landrevenue is paid by division or appraisement of the produce, b where a superior and an inferior landowner, or two or more shareholders in a holding or tenancy, are jointly interested in any produce, and either or any of the landowners or tenants, as the case may be, desires the assistance of a revenueofficer for the purpose of dividing or appraising the produce, the provisions of the punjab tenancy act, xvi of , with respect to the division or appraisement of produce shall apply so far as they can be made applicable.

section 152. of the punjab landrevenue act : 1 a revenueofficer may give and apportion the costs of any proceeding under this act in any manner he thinks fit. 2 but if he orders that the cost of any such proceeding shall not follow the event, he shall record his reasons for the order.

section 153. of the punjab landrevenue act : in the computation of the period for an appeal from, or an application for the review of, an order under this act the limitation therefor shall be governed by the indian limitation act, xv of .

section 145. of the punjab landrevenue act : 1 at any of the following times, namely: a when a recordofrights is being made or specially revised for an estate, b when the local area in which an estate is situate is being generally reassessed and before the assessment has been confirmed, c at any other time on an order made with respect to any estate by the local government with the previous sanction of the governor general in council, a revenueofficer shall prepare a list of villagecesses, if any, levied in the estate which have been generally or specially approved by the local government, or the title to which has before the passing of this act been judicially established. 2 when a list has been prepared for an estate under subsection 1, a villagecess not comprised therein shall not be recoverable by suit in any court. 3 the local government may impose on the collection of any villagecess comprised in the list such conditions as to police or other establishments connected with the village, market or fair in or on account of which the cess is levied, as it thinks fit. 4 the governor general in council may, on a reference from the local government, declare weather any cess, contribution or due levied in an estate is or is not a villagecess. 5 a declaration of the governor general in council under the last foregoing subsection shall be conclusive, and shall not be liable to be questioned in any court.

section 150. of the punjab landrevenue act : 1 where land which has been reserved for the common purposes of the cosharers therein has been encroached on by any cosharer, a revenueofficer may, on the application of any other cosharer, eject the encroaching cosharer from the land and, by order proclaimed in manner mentioned in section 22, forbid repetition of the encroachment. 2 the proceedings of the revenueofficer under subsection 1 shall be subject to any decree or order which may be subsequently passed by any court of competent jurisdiction.

section 146. of the punjab landrevenue act : where a superior landowner is entitled to receive in respect of any land from an inferior landowner dues in kind or in cash of fluctuating quantity or amount, the collector may a on the application of both landowners, or b with the previous sanction of the local government, on the application either of them, commute those dues into a fixed percentage of the landrevenue payable by the inferior landowner in respect of the land

section 148. of the punjab landrevenue act : 1 when land of which the landrevenue has been assigned in whole or in part is reassessed, the assignee shall be liable to pay such a share of the cost of making the reassessment as the financial commissioner may determine to be just. 2 that share may be recovered by the collector by the deduction of the amount thereof from the landrevenue due to the assignee.

section 147. of the punjab landrevenue act : 1 the local government may, with the previous sanction of the governor general in council, authorize the remission of landrevenue in whole or in part in consideration of the person liable therefor undertaking to render in lieu thereof such public service as may be specified in an agreement to be approved by the local government and executed by that person. 2 the local government may, with the like sanction, cancel any remission authorized, and agreement made, under subsection 1. 3 if a landowner bound by an agreement under that subsection to render public service in lieu of paying landrevenue fails, to render the service to the satisfaction of the collector, the collector may determine the portion of the landrevenue remitted which is represented by the service in respect of which the landowner is in default, and, with the previous sanction of the financial commissioner, recover that portion as if it were an arrear of landrevenue due in respect of the land for the landrevenue whereof the service was substituted

section 149. of the punjab landrevenue act : if a person required by a summons, notice, order or proclamation proceeding from a revenueofficer to attend at a certain time and place within the limits of the estate in which he ordinarily resides, or in which he holds or cultivates land, fails to comply with the requisition, he shall be liable at the discretion of the revenueofficer to fine which may extend to fifty rupees.

section 154. of the punjab landrevenue act : 1 a revenueofficer, or a person employed in a revenueoffice, shall not a purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly or in shares with others, any property which any revenueofficer or revenue court in the district in which he is employed has ordered to be sold, or, b in contravention of any rules made by the local government in this behalf, engage in trade in that district. 2 nothing in subsection 1 shall be deemed to preclude any person from becoming a member of a company incorporated under the indian companies act, , vi of or other law.

section 155. of the punjab landrevenue act : 1 the financial commissioner may, in addition to other rules which may be made by him under this act, make rules consistent with this act, and any other enactment for the time being in force a fixing the number and amount of the installments, and the times and places and the manner, by, at and in which any sum other than rent or landrevenue which is payable under this act or of which a record has been made there under is to be paid b fixing the dates on which profits are to be divisible by headman or other persons by whom they are realized on behalf of cosharers c prescribing the fees to be charged for the service and execution of processes issued by revenueofficers and revenue courts, the mode in which those fees are to be collected, the number of persons to be employed in the service and execution of those processes, and the remuneration and duties of those persons d regulating the procedure in the cases where persons are entitled to inspect records of revenueofficers, or records or papers in the custody of villageofficer, or to obtain copies of the same, and prescribing the fees payable for searches and copies e prescribing forms for such books, entries, statistics and accounts as the financial commissioner thinks necessary to be kept, made or compiled in revenueoffices or submitted to any authority f declaring what shall be the language of any of those offices, and determining in what cases persons practising in those offices shall be permitted to address the presiding officers thereof in english and g generally for carrying out the purposes of this act. 2 until rules are made under clauses a and b of subsection 1 the sums therein referred to shall be payable by the installments, at the times and places, and in the manner by, at and in which they are now payable. 3 rules made by the financial commissioner under this or any other section of this act shall not take effect until they have been sanctioned by the local government, and rules under clause c of subsection 1 shall not take effect until they have also been confirmed by the governor general in council.

section 158. of the punjab landrevenue act : except as otherwise provided by this act 1 a civil court shall not have jurisdiction in any matter which the local government or a revenueofficer is empowered by this act to dispose of, or take cognizance of the manner in which the local government or any revenueofficer exercises any powers vested in it or him by or under this act and in particular 2 a civil court shall not exercise jurisdiction over any of the following matters, namely: i any question as to the limits of any land which has been defined by a revenueofficer as land to which this act does or does not apply ii any claim to compel the performance of any duties imposed by this act or any other enactment for the time being in force on any revenueofficer, as such iii any claim to the office of kanungo, zaildar, inamdar or villageofficer, or in respect of any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof iv any notification directing the making or revision of a recordofrights v the framing of a recordofrights or annual record, or the preparation, signing or attestation of any of the documents included in such a record vi the correction of any entry in a recordofrights, annual record or register of mutations vii any notification of the undertaking of the general reassessment of a district or tahsil having been sanctioned by the governor general in council viii the claim of any person to be liable for an assessment of landrevenue or of any other revenue assessed under this act ix the amount of landrevenue to be assessed on any estate or to be paid in respect of any holding under this act x the amount of, or the liability of any person to pay, any other revenue to be assessed under this act, or any cess, charge or rate to be assessed on an estate or holding under this act or any other enactment for the time being in force xi any claim relating to the allowance to be received by a landowner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any person to be liable for an assessment under this act xii the formation of an estate out of waste land xiii any claim to hold free of revenue any land, mills, fisheries or natural products of land or water xiv any claim connected with, or arising out of, the collection by the government, or the enforcement by the government of any process for the recovery, of landrevenue or any sum recoverable as an arrear of landrevenue xv any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of landrevenue or any sum recoverable as an arrear of landrevenue xvi the amount of, or the liability of any person to pay, any fees, fines, costs or other charges imposed under this act xvii any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, not being a question as to title in any of the property of which partition is sought xviii any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land subject by established custom to periodical redistribution, or as to the distribution of landrevenue on the partition of an estate or holding or on a periodical redistribution of land, or as to the distribution of rent on the partition of a tenancy xix any claim to set aside or disturb a division or appraisement of produce confirmed or verified by a revenueofficer under this act xx any question relating to the preparation of a list of villagecesses or the imposition by the local government of conditions on the collection of such cesses xxi any proceeding under this act for the commutation of the dues of a superior landowner xxii any claim arising out of the enforcement of an agreement to render public service in lieu of paying landrevenue or xxiii any claim arising out of the liability of an assignee of landrevenue to pay a share of the cost of collecting or reassessing such revenue, or arising out of the liability of an assignee to pay out of assigned landrevenue, or of a person who would be liable for landrevenue if it had not been released, compounded for or redeemed to pay on the landrevenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a zaildar, inamdar or villageofficer as may be prescribed by rules for the time being in force under this act.

section 157. of the punjab landrevenue act : all powers conferred by this act on the financial commissioner may be exercised from time to time as occasion requires.

section 156. of the punjab landrevenue act : the power to make any rules under this act is subject to the control of the governor general in council, and to the condition of the rules being made after previous publication:

section 6. of the enemy property act : 1 6. prohibition to transfer any property vested in custodian by an enemy, enemy subject or enemy firm.1 no enemy or enemy subject or enemy firm shall have any right and shall never be deemed to have any right to transfer any property vested in the custodian under this act, whether before or after the commencement of this act and any transfer of such property shall be void and shall always be deemed to have been void. 2 where any property vested in the custodian under this act had been transferred, before the commencement of the enemy property amendment and validation act, , by an enemy or enemy subject or enemy firm and such transfer has been declared, by an order, made by the central government, to be void, and the property had been vested or deemed to have been vested in the custodian by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the enemy property amendment and validation act, such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the custodian and no person including an enemy or enemy subject or enemy firm shall have any right or deemed to have any right including all rights, titles and interests or any benefit arising out of such property over the said property vested or deemed to have been vested in the custodian. 1. subs. by s. 6, ibid., for section 6 w.e.f. .

section 1. of the enemy property act : show related subordinates 1 this act may be called the enemy property act, . 2 it extends to the whole of india 1 and it applies also to all citizens of india outside india and to branches and agencies outside india of companies or bodies corporate registered or incorporated in india. 3 it shall be deemed to have come into force on the 10th day of july, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the enemy property act : show related subordinates in this act, unless the context otherwise requires, a custodian means the custodian of enemy property for india appointed or deemed to have been appointed under section 3 and includes a deputy custodian and an assistant custodian of enemy property appointed or deemed to have been appointed under that section b enemy or enemy subject or enemy firm means a person or country who or which was an enemy, 1an enemy subject including his legal heir and successor whether or not a citizen of india or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality or 2an enemy firm, including its succeeding firm whether or not partners or members of such succeeding firm are citizen of india or the citizen of a country which is not an enemy or such firm which has changed its nationality, as the case may be, under the defence of india act, 51 of , and the defence of india rules, or the defence of india act, 42 of and the defence of india rules, , but 4does not include a citizen of india other than those citizens of india, being the legal heir and successor of the enemy or enemy subject or enemy firm. 5explanation 1.for the purposes of this clause, the expression does not include a citizen of india shall exclude and shall always be deemed to have been excluded those citizens of india, who are or have been the legal heir and successor of an enemy or an enemy subject or an enemy firm which or who has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy. explanation 2.for the purposes of this clause, it is hereby clarified that nothing contained in this act shall affect any right of the legal heir and successor referred to in this clause not being inconsistent to the provisions of this act which have been conferred upon him under any other law for the time being in force c enemy property means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm: provided that where an individual enemy subject dies in the territories to which this act extends, 5or dies in any territory outside india, any property which immediately before his death, belonged to or was held by him or was managed on his behalf, may, notwithstanding his death, continue to be regarded as enemy property for the purposes of this act 6explanation 1.for the purposes of this clause, it is hereby clarified that enemy property shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue and always be deemed to be continued as an enemy property. explanation 2.for the purposes of this clause, the expression enemy property shall mean and include and shall be deemed to have always meant and included all rights, titles and interest in, or any benefit arising out of, such property d prescribed means prescribed by rules made under this act. 1. subs. by act 3 of , s. 2 for enemy subject w.e.f. . 2. subs. by s. 2, ibid., for certain words w.e.f. . 3. ins. by act 40 of , s. 3 w.e.f. . 4. subs. by act 3 of , s. 2, for certain words w.e.f. . 5. ins. by s. 2, for ibid. w.e.f. . 6. ins. by act 3 of , s. 2 w.e.f. .

section 5b. of the enemy property act : 1 5b. law of succession or any custom or usage not to apply to enemy property.nothing contained in any law for the time being in force relating to succession or any custom or usage governing succession of property shall apply in relation to the enemy property under this act and no person including his legal heir and successor shall have any right and shall be deemed not to have any right including all rights, titles and interests or any benefit arising out of such property in relation to such enemy property. explanation.for the purposes of this section, the expressions custom and usage signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law in the matters of succession of property. 1. ins. by s. 5, ibid. w.e.f. .

section 4. of the enemy property act : the central government may, either generally or for any particular area, by notification in the official gazette, appoint one or more inspectors of enemy property for securing compliance with the provisions of this act and may, by general or special order, provide for the distribution and allocation of the work to be performed by them for securing such compliance: provided that every inspector of enemy firms appointed under the defence of india rules, or the defence of india rules, , as the case may be, shall be deemed to be an inspector of enemy property appointed under this section. 1. ins. by s. 5, ibid w.e.f. .

section 3. of the enemy property act : show related subordinates the central government may, by notification in the official gazette, appoint a custodian of enemy property for indian and one or more deputy custodians and assistant custodians or enemy property for such local areas as may be specified in the notification: provided that the custodian of enemy property for indian and any deputy custodian or assistant custodian of enemy property appointed under the defence of india rules, or the defence of india rules, , as the case may be, shall be deemed to have been appointed under this section. 1. ins. by act 40 of , s. 4 w.e.f. .

section 8. of the enemy property act : show related subordinates 11 with respect to the property vested in the custodian under this act, the custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this act. 2 without prejudice to the generality of the foregoing provision, the custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose, i carry on the business of the enemy 2ia fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property ii take action for recovering any money due to the enemy iii make any contract and execute any document in the name and on behalf of the enemy iv institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities 3iva secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any. v raise on the security of the property such loans as may be necessary vi incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies vii transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties viii invest any moneys held by him on behalf of enemies for the purchase of treasury bills or such other government securities as may be approved by the central government for the purpose ix make payments to the enemy and his dependents x make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th october, or on the 3rd december, and xi make such other payments out of the funds of the enemy as may be directed by the central government. explanation.in this subsection and in sections 10 and 17, enemy includes an enemy subject and an enemy firm. 1. subs. by act 3 of , s. 7, for subsection 1 w.e.f. . 2 ins. by s. 7, ibid. w.e.f. . 3 ins. by s. 7, ibid. w.e.f. . 4. ins. by act 40 of , s. 8 w.e.f. .

section 5. of the enemy property act : show related subordinates 1 1 notwithstanding the expiration of the defence of india act, 51 of , and the defence of india rules, , all enemy property vested before such expiration in the custodian of enemy property for india appointed under the said rules and continuing to vest in him immediately before the commencement of this act, shall, as from such commencement, vest in the custodian. 2 2 notwithstanding the expiration of the defence of india act, 12 of and the defence of india rules, , all enemy property vested before such expiration in the custodian of enemy property for india appointed under the said rules and continuing to vest in him immediately before the commencement of the enemy property, amendment act, 40 of shall, as from such commencement, vest in the custodian. 33 the enemy property vested in the custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of india or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this act, vested in the custodian. explanation.for the purposes of this subsection, enemy property vested in the custodian shall include and shall always be deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this act. 1. section 5 renumbered as subsection 1 thereof by s. 6, ibid. w.e.f. . 2. ins. by s. 6, for ibid. w.e.f. . 3. ins. by act 3 of , s. 3 w.e.f. .

section 5a. of the enemy property act : show related subordinates 15a. issue of certificate by custodian. the custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein. 1. ins. by act 3 of , s. 4 w.e.f. .

section 7. of the enemy property act : 1 any sum payable by way of dividend, interest, share profits or otherwise to or for the benefit of an enemy or an enemy subject or an enemy firm shall, unless otherwise ordered by the central government, be paid by the person by whom such sum would have been payable but for the prohibition under the defence of india rules, or the defence of india rules, , as the case may be, to the custodian or such person as may be authorised by him in this behalf and shall be held by the custodian or such person subject to the provisions of this act. 2 in cases in which money would, but for the prohibition under the defence of india rules, or the defence of india rules, , as the case may be, be payable in a foreign currency to or for the benefit of an enemy or an enemy subject or an enemy firm other than cases in which money is payable under a contract in which provision is made for specified rate of exchange, the payment shall be made to the custodian in rupee currency at the middle official rate of exchange fixed by the reserve bank of india on the date on which the payment became due to that enemy, enemy subject or enemy firm. 3 the custodian shall, subject to the provisions of section 8, deal with any money paid to him under the defence of india rules, or the defence of india rules, , as the case may be or under this act and any property vested in him under this act in such manner as the central government may direct. 1. ins. by s. 7, ibid. w.e.f. .

section 12. of the enemy property act : show related subordinates where any order with respect to any money or property is addressed to any person by the custodian and accompanied by a certificate of the custodian that the money or property is money property vested in him under this act, the certificate shall be evidence of the facts stated therein and if that person complies with the orders of the custodian, he shall not be liable to any suit or other legal proceeding by reason only of such compliance.

section 8a. sale of property by custodian of the enemy property act : show related subordinates 18a. sale of property by custodian.1 notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority or any law for the time being in force, the custodian may, within such time as may be specified by the central government in this behalf, dispose of whether by sale or otherwise, as the case may be, with prior approval of the central government, by general or special order, enemy properties vested in him immediately before the date of commencement of the enemy property amendment and validation act, in accordance with the provisions of this act, as amended by the enemy property amendment and validation act, . 2 the custodian may, for the purpose of disposal of enemy property under subsection 1, make requisition of the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. 3 the custodian shall, on disposal of enemy property under subsection 1 immediately deposit the sale proceeds into the consolidated fund of india and intimate details thereof to the central government. 4 the custodian shall send a report to the central government at such intervals, as it may specify, for the enemy properties disposed of under subsection 1, containing such details, including the price for which such property has been sold and the particulars of the buyer to whom the properties have been sold or disposed of and the details of the proceeds of sale or disposal deposited into the consolidated fund of india as it may specify. 5 the central government may, by general or special order, issue such directions to the custodian on the matters relating to disposal of enemy property under subsection 1 and such directions shall be binding upon the custodian and the buyer of the enemy properties referred to in that subsection and other persons connected to such sale or disposal. 6 the central government may, by general or special order, make such guidelines for disposal of enemy property under subsection 1. 7 notwithstanding anything contained in this section, the central government may direct that disposal of enemy property under subsection 1 shall be made by any other authority or ministry or department instead of custodian and in that case all the provisions of this section shall apply to such authority or ministry or department in respect of disposal of enemy property under subsection 1. 8 notwithstanding anything contained in subsections 1 to 7, the central government may deal with or utilise the enemy property in such manner as it may deem fit. 1. ins. by act 3 of , s. 8 w.e.f. .

section 9. of the enemy property act : all enemy property vested in the custodian under this act shall be exempt from attachment, seizure or sale in execution of decree of a civil court or orders of any other authority.

section 13. of the enemy property act : where under this act, a any money is paid to the custodian or b any property is vested in the custodian or an order is given to any person by the custodian in relation to any property which appears to the custodian to be enemy property vested in him under this act, neither the payment, vesting nor order of the custodian nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time, i some person who was or might have been interested in the money or property, and who was an enemy or an enemy firm, had died or had ceased to be an enemy or an enemy firm or ii some person who was so interested and who was believed by the custodian to be an enemy or an enemy firm, was not an enemy or an enemy firm.

section 10. of the enemy property act : show related subordinates 1 where, in exercise of the powers conferred by section 8, the custodian proposes to sell any security issued by a company and belonging to an enemy, the company may, with the consent of the custodian, purchase the securities, notwithstanding anything to the contrary in any law or in any regulations of the company and any securities so purchased may be reissued by the company as and when it thinks fit so to do. 2 where the custodian executes and transfers any securities issued by a company, the company shall, on receipt of the transfer and an order in this behalf from the custodian, register the securities in the name of the transferee, notwithstanding that the regulations of the company do not permit such registration in the absence of the certificate, script or other evidence of title relating to the securities transferred: provided that any such registration shall be without prejudice to any lien or charge in favour of the company and to any other lien or charge of which the custodian gives express notice to the company. explanation.in this section, securities includes shares, stocks, bonds, debentures and debenture stock but does not include bills of exchange.

section 14. of the enemy property act : where the enemy property vested in the custodian under this act consists of assets of a company, no proceeding, civil or criminal, shall be instituted under the companies act, 1 of , against the company, or any director, manager or other officer thereof except with the consent in writing of the custodian.

section 10a. of the enemy property act : show related subordinates 1 10a. power to issue certificate of sale.1 where the custodian proposes to sell any enemy immovable property vested in him, to any person, he may on receipt of the sale proceeds of such property, issue a certificate of sale in favour of such person and such certificate of sale shall, notwithstanding the fact that the original title deeds of the property have not been handed over to the transferee, be valid and conclusive proof of ownership of such property by such person. 2 notwithstanding anything contained in any law for the time being in force, the certificate of sale, referred to in subsection 1, issued by the custodian shall be a valid instrument for the registration of the property in favour of the transferee and the registration in respect of enemy property for which such certificate of sale had been issued by the custodian, shall not be refused on the ground of lack of original title deeds in respect of such property or for any such other reason.. 1. ins. by act 3 of , s. 9 w.e.f. .

section 16. of the enemy property act : 1 all returns relating to enemy property submitted to the custodian under this act shall be recorded in such registers as may be prescribed. 2 all such registers shall be open to inspection subject to the payment of such fees as may be prescribed and to such reasonable restrictions as the custodian may impose, to any person who, in the opinion of the custodian, is interested in any particular enemy property as a creditor or otherwise and any such person may also obtain a copy of the relevant portion from the registers on payment of the prescribed fees.

section 18. of the enemy property act : show related subordinates 118. transfer of property vested as enemy property in certain cases.the central government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the custodian within a period of thirty days from the date of receipt of such order or from the date of its publication in the official gazette, whichever is earlier and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the custodian under this act and remaining with him was not an enemy property, it may by general or special order, direct the custodian that such property vested as enemy property in the custodian may be transferred to the person from whom such property was acquired and vested in the custodian. 1. subs. by s.12, ibid., for section 18 w.e.f. .

section 11. of the enemy property act : 1 the custodian may, by notice in writing, require any person whom he believes to be capable of giving information concerning any enemy property to attend before him at such time and place as may be specified in the notice and examine any such person concerning the same, reduce his statement to writing and require him to sign it. 2 the custodian may, by notice in writing, require any person whom he believes to have in his possession or control any account book, letter book, invoice, receipt or other document of whatever nature relating to any enemy property, to produce the same or cause the same to be produced before the custodian at such time and place as may be specified in the notice and to submit the same to his examination and to allow copies of any entry therein or any part thereof to be taken by him. 13 the custodian, deputy custodian or assistant custodian shall have, for the purposes of exercising powers or discharging his functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while dealing with any case under this act, in respect of the following matters, namely: a requiring the discovery and inspection of documents b enforcing the attendance of any person, including any officer dealing with land, revenue and registration matters, banking officer or officer of a company and examining him on oath c compelling the production of books, documents and other records and d issuing commissions for the examination of witnesses or documents. 1. ins. by act 3 of , s. 10 w.e.f. .

section 18b. of the enemy property act : 1 18b. exclusion of jurisdiction of civil courts.save as otherwise provided in this act, no civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any property, subject matter of this act, as amended by the enemy property amendment and validation act, , or any action taken by the central government or the custodian in this regard. 1. ins. by act 3 of , s.14 w.e.f. .

section 15. of the enemy property act : 1 the custodian may call for from persons who, in his opinion, have any interest in, or control over, any enemy property vested in him under this act, such returns as may be prescribed. 2 every person from whom a return is called for under subsection 1 shall be bound to submit such return within the prescribed period.

section 18c. of the enemy property act : 118c. appeal to high court.any person aggrieved by an order of the central government under section 18 of this act, may, within a period of sixty days from the date of communication or receipt of the order, file an appeal to the high court on any question of fact or law arising out of such orders, and upon such appeal the high court may, after hearing the parties, pass such orders thereon as it thinks proper: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days. explanation.in this section, high court means the high court of a state or union territory in which the property referred to in section 18 is situated. 1 ins. by act 3 of , s.14 w.e.f. .

section 17. of the enemy property act : there shall be levied by the custodian fees equal to 1five per centum of a the amount of moneys paid to him b the proceeds of the sale or transfer of any property which has been vested in him under this act and c the value of the residual property, if any, at the time of its transfer to the original owner or other person specified by the central government under section 18: provided that in the case of an enemy whose property is allowed by the custodian to be managed by some person specially authorised in that behalf, there shall be levied a fee of 2five per centum of the gross income of the enemy or such less fee as may be specifically fixed by the central government after taking into consideration the cost of direct management incurred by that government, the cost of superior supervision and any risks that may be incurred by that government in respect of the management: provided further that the central government may, for reasons to be recorded in writing, reduce or remit the fees leviable under this subsection in any special case or class of cases. explanation.in this subsection gross income of the enemy means income derived out of the properties of the enemy vested in the custodian under this act. 2 the value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the central government or of an authority empowered in this behalf by the central government, such property would fetch if sold in the open market. 3 the fees in respect of property may be levied out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom or out of any other property belonging to the same enemy and vested in the custodian under this act. 4 the fees levied under this section shall be credited to the central government. 1.subs. by act 3 of , s. 11, for two per centum w.e.f. . 2.subs. by act 3 of , s. 11, for two per centum w.e.f. .

section 18a. of the enemy property act : 1 18a. income not liable to be returned.any income received in respect of the enemy property by the custodian shall not, notwithstanding that such property had been transferred by way of sale under section 8a or section 18, as the case may be, to any other person, be returned or liable to be returned to such person or any other person. 1. ins. by s. 13, ibid. w.e.f. .

section 19. of the enemy property act : no suit, prosecution or other legal proceeding shall lie against the central government or the custodian or an inspector of enemy property for anything which is in good faith done or intended to be done under this act.

section 20. of the enemy property act : 1 if any person makes any payment in contravention of the provisions of subsection 1 of section 7, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both and the payment or dealing shall be void. 2 if any person contravenes the provisions of subsection 2 of section 10, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 3 if any person fails to comply with a requisition made by the custodian under subsection 1 or subsection 2 of section 11, he shall be punishable with fine which may extend to five hundred rupees. 4 if any person fails to submit the return under subsection 2 of section 15, or furnishes such return containing any particular which is false and which he knows to be false or does not believe to be true, he shall be punishable with fine which may extend to five hundred rupees.

section 25. of the enemy property act : 1 the enemy property ordinance, 7 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 21. of the enemy property act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means anybody corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 22. of the enemy property act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, 1including any law of succession or any custom or usage in relation to succession of property. 1. ins. by act 3 of , s. 16 w.e.f.

section 22a. of the enemy property act : show related subordinates 1 22a. validation.notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, a the provisions of this act, as amended by the enemy property amendment and validation act, , shall have and shall always be deemed to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times b any enemy property divested from the custodian to any person under the provisions of this act, as it stood immediately before the commencement of the enemy property amendment and validation act, , shall stand transferred to and vest or continue to vest, free from all encumbrances, in the custodian in the same manner as it was vested in the custodian before such divesting of enemy property under the provisions of this act, as if the provisions of this act, as amended by the aforesaid act, were in force at all material times c no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the custodian vested in him under section 5 of this act, as it stood before the commencement of the enemy property amendment and validation act, , and such enemy property shall continue to vest in the custodian under section 5 of this act, as amended by the aforesaid act, as the said section, as amended by the aforesaid act was in force at all material times d any transfer of any enemy property, vested in the custodian, by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority in respect of enemy property vested in the custodian which is contrary to the provisions of this act, as amended by the enemy property amendment and validation act, , shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the custodian under this act. 1. ins. by s. 17, ibid. w.e.f.

section 24. of the enemy property act : show related subordinates 11 every order which was made under the defence of india rules, , by the central government or by the custodian of enemy property for india appointed under those rules, relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this act, be deemed to continue in force and to have been made under this act. 22 every order which was made under the defence of india rules, by the central government or by the custodian of enemy property for india appointed under those rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this act, be deemed to continue in force and to have been made under this act. 1. section 24 renumbered as subsection 1 thereof by s. 10, ibid. w.e.f. . 2. ins. by s. 10, ibid. w.e.f. .

section 23. of the enemy property act : show related subordinates 1 the central government may make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the returns that may be called for by the custodian under subsection 1 of section 15 and the period within which such returns shall be submitted under subsection 2 of that section b the registers in which the returns relating to enemy property shall be recorded under section 16 c the fees for the inspection of registers and for obtaining copies of the relevant portions from the registers under subsection 2 of section 16 1 e any other matter which has to be or may be prescribed. 3 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 2or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. clause d omitted by s.18, ibid. w.e.f. 2. subs. by act 40 of , s. 9, for certain words w.e.f. 279

section 8. of the andhra pradesh and mysore transfer of territory act : every sitting member of the legislative council of andhra pradesh or of mysore representing a council constituency the extent of which is altered by virtue of section 7 shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered.

section 1. of the andhra pradesh and mysore transfer of territory act : this act may be called the andhra pradesh and mysore transfer of territory act, .

section 2. of the andhra pradesh and mysore transfer of territory act : in this act, unless the context otherwise requires, a appointed day means the 1st day of october, b assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of c sitting member, in relation to either house of parliament or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house d transferred territory means the territory specified in the schedule and transferred from the state of mysore to the state of andhra pradesh by section 3.

section 7. of the andhra pradesh and mysore transfer of territory act : 1 any reference in the delimitation of council constituencies andhra pradesh order, , to anantapur district shall be construed as including the territory transferred to that district from the state of mysore. 2 any reference in the delimitation of council constituencies mysore order, , to kolar district shall be construed as excluding the territory transferred from that district to the state of andhra pradesh.

section 9. of the andhra pradesh and mysore transfer of territory act : 1 as from the appointed day, a the jurisdiction of the high court of andhra pradesh shall extend to the transferred territory and b the high court of mysore shall have no jurisdiction in respect of the said territory. 2 if, immediately before the appointed day, there is any proceeding relatable to the transferred territory pending in the high court of mysore, then, notwithstanding anything contained in subsection 1, such proceeding shall be heard and disposed of by that high court. 3 any order made by the high court of mysore in any proceeding with respect to which that high court exercises jurisdiction by virtue of subsection 2 shall, for all purposes, have effect, not only as an order of the high court of mysore but also as an order made by the high court of andhra pradesh. 4 for the purposes of this section, a proceedings shall be deemed to be pending in the high court of mysore until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 3. of the andhra pradesh and mysore transfer of territory act : 1 as from the appointed day, there shall be added to the state of andhra pradesh the territory specified in the schedule which shall thereupon cease to form part of the state of mysore. 2 the transferred territory shall be included in, and form part of the hindupur taluk of anantapur district in the state of andhra pradesh. 3 nothing in subsection 2 shall be deemed to affect the power of the state government to alter, after the appointed day, the name, extent or boundaries of any district or taluk in the state of andhra pradesh.

section 4. of the andhra pradesh and mysore transfer of territory act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states, a for the entry against i. andhra pradesh, the following shall be substituted, namely: the territories specified in subsection 1 of section 3 of the andhra state act, , subsection 1 of section 3 of the states reorganisation act, , the first schedule to the andhra pradesh and madras alteration of boundaries act, , and the schedule to the andhra pradesh and mysore transfer of territory act, , but excluding the territories specified in the second schedule to the andhra pradesh and madras alteration of boundaries act, . and b in the entry against 9. mysore, after the words and figures states reorganisation act, , the words, brackets and figures but excluding the territory specified in the schedule to the andhra pradesh and mysore transfer of territory act, shall be inserted.

section 5. of the andhra pradesh and mysore transfer of territory act : as from the appointed day, the transferred territory shall cease to be part of madhugiri parliamentary constituency and bagepalli assembly constituency in the state of mysore as delimited in order no. 11 of the delimitation commission made under section 10 of the delimitation commission act, 61 of , and shall form part of hindupur parliamentary constituency and hindupur assembly constituency in the state of andhra pradesh as delimited in order no. 3 of the delimitation commission made under the said section.

section 6. of the andhra pradesh and mysore transfer of territory act : 1 the sitting members of the house of the people representing hindupur parliamentary constituency in the state of andhra pradesh and madhugiri parliamentary constituency in the state of mysore shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this act, continue to be members of the house of the people. 2 the sitting members of the legislative assemblies of andhra pradesh and mysore representing hindupur assembly constituency and bagepalli assembly constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this act, continue to be members of the said assemblies.

section 10. of the andhra pradesh and mysore transfer of territory act : as from the appointed day, any act passed by the legislature of andhra pradesh before that day for the appropriation of any money out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the transferred territory, and it shall be lawful for the state government to spend any amount for that territory out of the amount authorised by such act to be expended for any services in that state.

section 11. of the andhra pradesh and mysore transfer of territory act : 1 all land and all stores, articles and other goods in the transferred territory belonging to the state of mysore shall, as from the appointed day, pass to the state of andhra pradesh. explanation.in this subsection, the expression land includes immovable property of every kind and any rights in or over such property and the expression goods does not include coins, bank notes and currency notes. 2 all rights, liabilities and obligations, whether arising out of a contract or otherwise, of the state of mysore in relation to the transferred territory shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the state of andhra pradesh.

section 17. of the andhra pradesh and mysore transfer of territory act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 12. of the andhra pradesh and mysore transfer of territory act : as from the appointed day, a the financial corporations constituted under the state financial corporations act, 63 of , for the states of mysore and andhra pradesh, and b the state electricity boards constituted under the electricity supply act, 54 of , for the said states. shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 3.

section 13. of the andhra pradesh and mysore transfer of territory act : all laws which, immediately before the appointed day, extend to, or are in force in, the hindupur taluk of anantapur district in the state of andhra pradesh but do not extend to, or are not in force in, the transferred territory, shall, as from that day, extend to, or as the case may be, come into force in, the transferred territory and all laws which, immediately before the appointed day, are in force in the transferred territory but not in the hindupur taluk of anantapur district in the state of andhra pradesh shall, on that day, cease to be in force in the transferred territory, except as respects things done or omitted to be done before that day. explanation.in this section, law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the state of andhra pradesh or mysore.

section 14. of the andhra pradesh and mysore transfer of territory act : any court, tribunal or authority required or empowered to enforce any law extended to the transferred territory by section 13 may, for the purpose of facilitating its application in relation to the transferred territory, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 15. of the andhra pradesh and mysore transfer of territory act : where, immediately before the appointed day, the state of mysore is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the state of andhra pradesh under this act, the state of andhra pradesh shall be deemed to be substituted for the state of mysore as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 18. of the andhra pradesh and mysore transfer of territory act : if any difficulty arises in giving effect to the provisions of this act including any difficulty in relation to the transition under section 13 from one law to another law, the president may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty.

section 19. of the andhra pradesh and mysore transfer of territory act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 16. of the andhra pradesh and mysore transfer of territory act : 1 every proceeding pending immediately before the appointed day before any court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of mysore shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the state of andhra pradesh. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court of mysore and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in the state of andhra pradesh means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of andhra pradesh, or before the appointed day by the government of mysore, to be the corresponding court, tribunal, authority or officer.

section 8. of the air prevention and control of pollution act : 1 no person shall be a member of a state board constituted under this act, who a is, or at any time has been, adjudged insolvent, or b is of unsound mind and has been so declared by a competent court, or c is, or has been, convicted of an offence which, in the opinion of the state government, involves moral turpitude, or d is, or at any time has been, convicted of an offence under this act, or e has directly or indirectly by himself on by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or f is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the board, or with the government constituting the board or with a local authority in the state, or with a company or corporation owned, controlled or managed by the government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or g has so abused, in the opinion of the state government, his position as a member, as to render his continuance on the state board detrimental to the interest of the general public. 2 the state government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in subsection 1. provided that no order of removal shall be made by the state government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. 3 notwithstanding anything contained in subsection 1 or subsection 6 of section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for renomination as a member.

section 1. of the air prevention and control of pollution act : show related subordinates 1 this act may be called the air prevention and control of pollution act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 16th may, ,vide notificationno. g.s.r. 351e, dated 15th may, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 2. of the air prevention and control of pollution act : in this act, unless the context otherwise requires, a air pollutant means any solid, liquid or gaseous substance 1including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment b air pollution means the presence in the atmosphere of any air pollutant c approved appliance means any equipment or gadget used for the bringing of any combustible material or for generating or consuming any fume, gas of particulate matter and approved by the state board for the purposes of this act d approved fuel means any fuel approved by the state board for the purposes of this act e automobile means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel f board means the central board or a state board g central board means the 2central pollution control board constituted under section 3 of the water prevention and control of pollution act, 6 of h chimney includes any structure with an opening or outlet from or through which any air pollutant may be emitted i control equipment means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant j emission means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet k industrial plant means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere l member means a member of the central board or a state board, as the case may be, and includes the chairman thereof 3m occupier, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance n prescribed means prescribed by rules made under this act by the central government or, as the case may be, the state government o state board means, i in relation to a state in which the water prevention and control of pollution act, 6 of , is in force and the state government has constituted for that state a 4 state pollution control board under section 4 of that act, the said state board and ii in relation to any other state, the state board for the prevention and control of air pollution constituted by the state government under section 5 of this act. 1 ins. by act 47 of , s. 2 w.e.f. . 2 subs. by s. 2,ibid., for central board for the prevention and control of water pollution w.e.f. . 3 subs. by act 47 of , s. 2, for clause m w.e.f. . 4 subs. by s. 2, ibid., for state board for the prevention and control of water pollution w.e.f. .

section 3. of the air prevention and control of pollution act : 1 3. central pollution control board.the central pollution control board constituted under section 3 of the water prevention and control of pollution act, 6 of , shall, without prejudice to the exercise and performance of its powers and functions under that act, exercise the powers and perform the functions of the central pollution control board for the prevention and control of air pollution under this act. 1 subs. by s. 3, ibid., for sections 3 and 4 w.e.f. .

section 7. of the air prevention and control of pollution act : 1 save as otherwise provided by or under this act, a member of a state board constituted under this act, other than the membersecretary, shall hold office for a term of three years from the date on which his nomination is notified in the official gazette: provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2 the terms of office of a member of a state board constituted under this act and nominated under clause b or clause e of subsection 2 of section 5 shall come to an end as soon as he ceases to hold the office under the state government or, as the case may be, the company or corporation owned, controlled or managed by the state government, by virtue of which he was nominated. 3 a member of a state board constituted under this act, other than the membersecretary, may at any time resign his office by writing under his hand addressed, a in the case of the chairman, to the state government and b in any other case, to the chairman of the state board, and the seat of the chairman or such other member shall thereupon become vacant. 4 a member of a state board constituted under this act, other than the membersecretary, shall be deemed to have vacated his seat, if he is absent without reason, sufficient in the opinion of the state board, from three consecutive meetings of the state board or where he is nominated under clause c of subsection 2 of section 5, he ceases to be a member of the local authority and such vacation of seat shall, in either case, take effect from such date as the state government may, by notification in the official gazette, specify. 5 a casual vacancy in a state board constituted under this act shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated. 6 a member of a state board constituted under this act shall be eligible for renomination1 . 7 the other terms and conditions of service of the chairman and other members except the membersecretary of a state board constituted under this act shall be such as may be prescribed. 1. the words but not for more than two terms omitted by act 47 of , s. 5 w.e.f. .

section 9. of the air prevention and control of pollution act : if a member of a state board constituted under this act becomes subject to any of the disqualifications specified in section 8, his seat shall become vacant.

section 10. of the air prevention and control of pollution act : 1 for the purposes of this act, a board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the board at such time as he thinks fit for the aforesaid purpose. 2 copies of minutes of the meetings under subsection 1 shall be forwarded to the central board and to the state government concerned.

section 4. of the air prevention and control of pollution act : 14. state pollution control boards constituted under section 4 of act 6 of to be state boards under this act.in any state in which the water prevention and control of pollution act, 6 of , is in force and the state government has constituted for that state a state pollution control board under section 4 of that act, such state board shall be deemed to be the state board for the prevention and control of air pollution constituted under section 5 of this act, and accordingly that state pollution control board shall, without prejudice to the exercise and performance of its powers and functions under that act, exercise the powers and perform the functions of the state board for the prevention and control of air pollution under this act. 1 subs. by s. 3, ibid., for sections 3 and 4 w.e.f. .

section 5. of the air prevention and control of pollution act : 1 in any state in which the water prevention and control of pollution act, 6 of , is not in force, or that act is in force but the state government has not constituted a 1 state pollution control board under that act, the state government shall, with effect from such date as it may, by notification in the official gazette, appoint, constitute a state board for the prevention and control of air pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that board under this act. 2 a state board constituted under this act shall consist of the following members, namely: a a chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the state government: provided that the chairman may be either wholetime or parttime as the state government may think fit b such number of officials, not exceeding five, as the state government may think fit, to be nominated by the state government to represent that government c such number of persons, not exceeding five, as the state government may think fit, to be nominated by the state government from amongst the members of the local authorities functioning within the state d such number of nonofficials, not exceeding three, as the state government may think fit, to be nominated by the state government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that government, ought to be represented e two persons to represent the companies or corporations owned, controlled or managed by the state government, to be nominated by that government 2 f a fulltime membersecretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the state government: provided that the state government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. 3 every state board constituted under this act shall be a body corporate with the name specified by the state government in the notification issued under subsection 1, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. 1 subs. by s. 4, ibid., for state board for the prevention and control of water pollution w.e.f. . 2 subs. by act 47 of , s. 4, for clause f w.e.f. .

section 6. of the air prevention and control of pollution act : show related subordinates no state board shall be constituted for a union territory and in relation to a union territory, the central board shall exercise the powers and perform the functions of a state board under this act for that union territory: provided that in relation to any union territory the central board may delegate all or any of its powers and functions under this section to such person or body of persons as the central government may specify.

section 18. of the air prevention and control of pollution act : 1 1in the performance of its functions under this act a the central board shall be bound by such directions in writing as the central government may give to it and b every state board shall be bound by such directions in writing as the central board or the state government may give to it: provided that where a direction given by the state government is inconsistent with the direction given by the central board, the matter shall be referred to the central government for its decision. 2 2 where the central government is of the opinion that any state board has defaulted in complying with any directions given by the central board under subsection 1 and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the central board to perform any of the functions of the state board in relation to such area, for such period and for such purposes, as may be specified in the order. 3 where the central board performs any of the functions of the state board in pursuance of a direction under subsection 2, the expenses, if any, incurred by the central board with respect to the performance of such functions may, if the state board is empowered to recover such expenses, be recovered by the central board with interest at such reasonable rate as the central government may, by order, fix from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand. 4 for the removal of doubts, it is hereby declared that any directions to perform the functions of any state board given under subsection 2 in respect of any area would not preclude the state board from performing such functions in any other area in the state or any of its other functionsin that area. 1 section 18 renumbered as subsection 1 thereof by act 47 of , s. 8 w.e.f. . 2 ins. by s. 8, ibid. w.e.f. .

section 11. of the air prevention and control of pollution act : 1 a board may constitute as many committees consisting wholly of members or partly of members and partly of other persons and for such purpose or purposes as it may think fit. 2 a committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. 3 the members of a committee other than the members of the board shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the board as may be prescribed.

section 12. of the air prevention and control of pollution act : 1 a board may associate with itself in such manner, and for such purposes, as may be prescribed, any person whose assistance or advice it may desire to obtain in performing any of its functions under this act. 2 a person associated with the board under subsection 1 for any purpose shall have a right to take part in the discussions of the board relevant to that purpose, but shall not have a right to vote at a meeting of the board and shall not be a member of the board for any other purpose. 3 a person associated with a board under subsection 1 shall be entitled to receive such fees and allowances as may be prescribed.

section 13. of the air prevention and control of pollution act : no act or proceeding of a board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board or such committee, as the case may be.

section 17. of the air prevention and control of pollution act : show related subordinates 1 subject to the provisions of this act, and without prejudice to the performance of its functions, if any, under the water prevention and control of pollution act, act 6 of , the functions of a state board shall be a to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof b to advise the state government on any matter concerning the prevention, control or abatement of air pollution c to collect and disseminate information relating to air pollution d to collaborate with the central board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise masseducation programme relating thereto e to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution f to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas g to lay down, in consultation with the central board and having regard to the standards for the quality of air laid down by the central board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants h to advise the state government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution i to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the central board or the state government j to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this act. 2 a state board may establish or recognise a laboratory or laboratories to enable the state board to perform its functions under this section efficiently.

section 14. of the air prevention and control of pollution act : 1 the terms and conditions of service of the membersecretary of a state board constituted under this act shall be such as may be prescribed. 1 2 the membersecretary of a state board, whether constituted under this act or not, shall exercise such powers and perform such duties as may be prescribed, or as may, from time to time, be delegated to him by the state board or its chairman. 3 subject to such rules as may be made by the state government in this behalf, a state board, whether constituted under this act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this act. 4 the method of appointment, the conditions of service and the scales of pay of the officers other than the membersecretary and other employees of a state board appointed under subsection 3 shall be such as may be determined by regulations made by the state board under this act. 5 subject to such conditions as may be prescribed, a state board constituted under this act may from time to time appoint any qualified person to be a consultant to the board and pay him such salary and allowances or fees, as it thinks fit. 1 subs. by act 47 of , s. 6, for subsection 2 w.e.f. .

section 16. of the air prevention and control of pollution act : show related subordinates 1 subject to the provisions of this act, and without prejudice to the performance, of its functions under the water prevention and control of pollution act, 6 of , the main functions of the central board shall be to improve the quality of air and to prevent, control or abate air pollution in the country. 2 in particular and without prejudice to the generality of the foregoing functions, the central board may a advise the central government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution b plan and cause to be executed a nationwide programme for the prevention, control or abatement of air pollution c coordinate the activities of the state and resolve disputes among them d provide technical assistance and guidance to the state boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution 1 dd perform such of the functions of any state board as may be specified in and order made under subsection 2 of section 18 e plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the central board may specify f organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution g collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution h lay down standards for the quality of air i collect and disseminate information in respect of matters relating to air pollution j perform such other functions as may be prescribed. 3 the central board may establish or recognise a laboratory or laboratories to enable the central board to perform its functions under this section efficiently. 4 the central board may a delegate any of its functions under this act generally or specially to any of the committees appointed by it b do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this act. 1 ins. by act 47 of , s. 7 w.e.f. .

section 15. of the air prevention and control of pollution act : a state board may, by general or special order, delegate to the chairman or the membersecretary or any other officer of the board subject to such conditions and limitations, if any,as may be specified in the order, such of its powers and functions under this act as it may deem necessary.

section 19. of the air prevention and control of pollution act : show related subordinates 1 the state government may, after consultation with the state board, by notification in the official gazette declare in such manner as may be prescribed, any area or areas within the state as air pollution control area or areas for the purposes of this act. 2 the state government may, after consultation with the state board, by notification in the official gazette, a alter any air pollution control area whether by way of extension or reduction b declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof. 3 if the state government, after consultation with the state board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may, by notification in the official gazette, prohibit the use of such fuel in such area or part thereof with effect from such date being not less than three months from the date of publication of the notification as may be specified in the notification. 4 the state government may, after consultation with the state board, by notification in the official gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area: provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances. 5 if the state government, after consultation with the state board, is of opinion that the burning of any material not being fuel in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the official gazette, prohibit the burning of such material in such area or part thereof.

section 21. of the air prevention and control of pollution act : 1 1 subject to the provisions of this section, no person shall, without the previous consent of the state board, establish or operate any industrial plant in an air pollution control area: provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of section 9 of the air prevention and control of pollution amendment act, , for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application. 2 an application for consent of the state board under subsection 1 shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed: provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, 2 such person shall make the application under this subsection within such period being not less than three months from the date of such declaration as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the state board until the consent applied for has been refused. 3 the state board may make such inquiry as it may deem fit in respect of the application for consent referred to in subsection 1 and in making any such inquiry, shall follow such procedure as may be prescribed. 4 within a period of four months after the receipt of the application for consent referred to in subsection 1, the state board shall, by order in writing, 3 and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent: 4 provided that it shall be open to the state board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled: provided further that before cancelling a consent or refusing a further consent under the first provision, a reasonable opportunity of being heard shall be given to the person concerned. 5 every person to whom consent has been granted by the state board under subsection 4, shall comply with the following conditions, namely: i the control equipment of such specifications as the state board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on ii the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the state board iii the control equipment referred to in clause i or clause ii shall be kept at all times in good running condition iv chimney, wherever necessary, of such specifications as the state board may approve in this behalf shall be erected or reerected in such premises and v such other conditions as the state board, may specify in this behalf and vi the conditions referred to in clauses i, ii and iv shall be complied with within such period as the state board may specify in this behalf: provided that in the case of a person operating any industrial plant5 in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months: provided further that a after the installation of any control equipment in accordance with the specifications under clause i, or b after the alteration or replacement of any control equipment in accordance with the directions of the state board under clause ii, or c after the erection or reerection of any chimney under clause iv, no control equipment or chimney shall be altered or replaced or, as the case may be, erected or reerected except with the previous approval of the state board. 6 if due to any technological improvement or otherwise the state board is of opinion that all or any of the conditions referred to in subsection 5 require or requires variation including the change of any control equipment, either in whole or in part, the state board shall, after giving the person to whom consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied. 7 where a person to whom consent has been granted by the state board under subsection 4 transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally. 1. subs. by act 47 of , s. 9, for subsection 1 w.e.f. . 2. the words for the purpose of any industry specified in the schedule omitted by s. 9, ibid. w.e.f. . 3. subs. by act 47 of , s. 9, for certain words w.e.f. . 4. ins. by s. 9, ibid. w.e.f. . 5. the words for the purpose of any industry specified in the schedule omitted by s. 9, ibid. w.e.f. .

section 25. of the air prevention and control of pollution act : for the purposes of carrying out the functions entrusted to it, the state board or any officer empowered by it in that behalf may call for any information including information regarding the types of air pollutants emitted into the atmosphere and the level of the emission of such air pollutants from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant and for the purpose of verifying the correctness of such information, the state board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on or operated.

section 20. of the air prevention and control of pollution act : with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the state board under clause g of subsection 1 of section 17 are complied with, the state government shall, in consultation with the state board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the motor vehicles act, 4 of , and such authority shall, notwithstanding anything contained in that act or the rules made thereunder be bound to comply with such instructions.

section 22., not to allow emission of air pollutants in excess of the standard laid down by state board. of the air prevention and control of pollution act : no person 1 operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the state board under clause g of subsection 1 of section 17. 1. the words carrying on any industry specified in the schedule or omitted by act 47 of , s. 10 w.e.f. .

section 22a. of the air prevention and control of pollution act : 122a. power of board to make application to court for restraining person from causing air pollution.1 where it is apprehended by a board that emission of any air pollutant, in excess of the standards laid down by the state board under clause g of subsection 1 of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the board may make an application to a court, not inferior to that of a metropolitan magistrate or a judicial magistrate of the first class for restraining such person from emitting such air pollutant. 2 on receipt of the application under subsection 1, the court may make such order as it deems fit. 3 where under subsection 2, the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order, a direct such person to desist from taking such action as is likely to cause emission b authorise the board, if the direction under clause a is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court. 4 all expenses incurred by the board in implementing the directions of the court under clause b of subsection 3 shall be recoverable from the person concerned as arrears of land revenue or of public demand. 1. ins. by s. 11, ibid. w.e.f. .

section 23. of the air prevention and control of pollution act : 1 where in any 1 area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the state board occurs or is apprehended to occur due to accident or other unforeseen act or event, the person in charge of the premises from where such emission occurs or is apprehended to occur shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the state board and to such authorities or agencies as may be prescribed. 2 on receipt of information with respect to the fact or the apprehension of any occurrence of the nature referred to in subsection 1, whether through intimation under that subsection or otherwise, the state board and the authorities or agencies shall, as early as practicable, cause such remedial measure to be taken as are necessary to mitigate the emission of such air pollutants. 3 expenses, if any, incurred by the state board, authority or agency with respect to the remedial measures referred to in subsection 2 together with interest at such reasonable rate, as the state government may, by order, fix from the date when a demand for the expenses is made until it is paid, may be recovered by that board, authority or agency from the person concerned, as arrears of land revenue, or of public demand. 1. the words air pollution control omitted by s. 12, ibid. w.e.f. .

section 26. of the air prevention and control of pollution act : 1 a state board or any officer empowered by it in this behalf shall have power to take, for the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed. 2 the result of any analysis of a sample of emission taken under subsection 1 shall not be admissible in evidence in any legal proceeding unless the provisions of subsections 3 and 4 are complied with. 3 subject to the provisions of subsection 4, when a sample of emission is taken for analysis under subsection 1, the person taking the sample shall a serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed b in the presence of the occupier or his agent, collect a sample of emission for analysis c cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent d send, without delay, the container or containers to the laboratory established or recognised by the state board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause a, to the laboratory established or specified under subsection 1 of section 28. 4 when a sample of emission is taken for analysis under subsection 1 and the person taking the sample serves on the occupier or his agent, a notice under clause a of subsection 3, then, a in a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and b in a case where the occupier or his agent is present at the time of taking the sample but refuses to sign the marked and sealed container or containers of the sample of emission as required under clause c of subsection 3, the marked and sealed container or containers shall be signed by the person taking the sample, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under subsection 1 of section 28 and such person shall inform the government analyst appointed under subsection 1 of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers.

section 24. of the air prevention and control of pollution act : 1 subject to the provisions of this section, any person empowered by a state board in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place a for the purpose of performing any of the functions of the state board entrusted to him b for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this act is being or has been complied with c for the purpose of examining and testing any control equipment, industrial plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed and for seizing any such control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder. 2 every person 1 operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the state board under subsection 1 for carrying out the functions under that subsection and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this act. 3 if any person willfully delays or obstructs any person empowered by the state board under subsection 1 in the discharge of his duties, he shall be guilty of an offence under this act. 4 the provisions of the code of criminal procedure, 2 of , or, in relation to the state of jammu and kashmir, or any area, in which that code is not in force, the provisions of any corresponding law in force in that state or area, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code or, as the case may be, under the corresponding provisions of the said law. 1. the words carrying on any industry specified in the schedule and every person omitted by act 47 of , s. 13 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 29. of the air prevention and control of pollution act : 1 the state government may, by notification in the official gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or specified under subsection 1 of section 28. 2 without prejudice to the provisions of section 14, the state board may, by notification in the official gazette, and with the approval of the state government, appoint such persons as it thinks fit and having the prescribed qualifications to be board analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or recognised under section 17.

section 27. of the air prevention and control of pollution act : 1 where a sample of emission has been sent for analysis to the laboratory established or recognised by the state board, the board analyst appointed under subsection 2 of section 29 shall analyse the sample and submit a report in the prescribed form of such analysis in triplicate to the state board. 2 on receipt of the report under subsection 1, one copy of the report shall be sent by the state board to the occupier or his agent referred to in section 26, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the state board. 3 where a sample has been sent for analysis under clause of subsection 3 or subsection 4 of section 26 to any laboratory mentioned therein, the government analyst referred to in the said subsection 4 shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the state board which shall comply with the provisions of subsection 2. 4 any cost incurred in getting any sample analysed at the request of the occupier or his agent as provided in clause d of subsection 3 of section 26 or when he wilfully absents himself or refuses to sign the marked and sealed container or containers of sample of emission under subsection 4 of that section, shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.

section 28. of the air prevention and control of pollution act : 1 the state government may, by notification in the official gazette, a establish one or more state air laboratories or b specify one or more laboratories or institutes as state air laboratories to carry out the functions entrusted to the state air laboratory under this act. 2 the state government may, after consultation with the state board, make rules prescribing a the functions of the state air laboratory b the procedure for the submission to the said laboratory of samples of air or emission for analysis or tests, the form of the laboratorys report thereon and the fees payable in respect of such report c such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

section 30. of the air prevention and control of pollution act : any document purporting to be a report signed by a government analyst or, as the case may be, a state board analyst may be used as evidence of the facts stated therein in any proceeding under this act.

section 31. of the air prevention and control of pollution act : 1 any person aggrieved by an order made by the state board under this act may, within thirty day from the date on which the order is communicated to him, prefer an appeal to such authority hereinafter referred to as the appellate authority as the state government may think fit to constitute: provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 the appellate authority shall consist of a single person or three persons as the state government may think fit to be appointed by the state government. 3 the form and the manner in which an appeal may be preferred under subsection 1, the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed. 4 on receipt of an appeal preferred under subsection 1, the appellate authority shall, after giving the appellant and the state board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

section 31a. of the air prevention and control of pollution act : show related subordinates 1 31a. power to give directions. notwithstanding anything contained in any other law, but subject to the provisions of this act, and to any directions that the central government may give in this behalf, a board may, in the exercise of its powers and performance of its functions under this act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. explanation.for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct a the closure, prohibition or regulation of any industry, operation or process or b the stoppage or regulation of supply of electricity, water or any other service. 1 ins. by act 47 of , s. 14 w.e.f. . notifications yeardescriptionfiles s.o.e, 12/12/ constitution of the appellate authority for the union territories

section 34. of the air prevention and control of pollution act : the central board or, as the case may be, the state board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this act, and copies thereof shall be forwarded to the central government or, as the case may be, the state government.

section 31b. of the air prevention and control of pollution act : 131b. appeal to national green tribunal.any person aggrieved by an order or decision of the appellate authority under section 31, made on or after the commencement of the national green tribunal act, , may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, , in accordance with the provisions of that act. 1. ins. by act 19 of , s. 36 and schedule iii w.e.f. .

section 33. of the air prevention and control of pollution act : 1 every state board shall have its own fund for the purposes of this act and all sums which may, from time to time, be paid to it by thecentral government and all other receipts by way of contributions, if any, from the state government, fees, gifts, grants, donations benefactions or otherwise of that board shall be carried to the fund of the board and all payments by the board shall be made therefrom. 2 every state board may expend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund of that board. 3 nothing in this section shall apply to any 1 state pollution control board constituted under section 4 of the waterprevention and control of pollution act, 6 of , which is empowered by that act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. 1 subs. by act 47 of , s. 15, for state board for the prevention and control of water pollution w.e.f. .

section 32. of the air prevention and control of pollution act : the central government may, after due appropriation made by parliament by law in this behalf make in each financial year such contributions to the state boards as it may think necessary to enable the state boards to perform their functions under this act: provided that nothing in this section shall apply to any 1 state pollution control board constituted under section 4 of the water prevention and control of pollution act, 6 of , which is empowered by that act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. 1 subs. by s. 15, ibid.,for state board for the prevention and control of water pollution w.e.f. .

section 33a. of the air prevention and control of pollution act : 1 33a. borrowing powers of board.a board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the central government or, as the case may be, the state government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for discharging all or any of its functions under this act. 1 . ins. by s. 16, ibid. w.e.f. .

section 35. of the air prevention and control of pollution act : 1 35. annual report. 1 the central board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the central government within four months from the last date of the previous financial year and that government shall cause every such report to be laid before both houses of parliament within nine months of the last date of the previous financial year. 2 every state board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the state government within four months from the last date of the previous financial year and that government shall cause every such report to be laid before the state legislature within a period of nine months from the last date of the previous financial year. 1 subs. bys. 17, ibid.,for section 35 w.e.f. .

section 36. of the air prevention and control of pollution act : 1 every board shall, in relation to its functions under this act, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government or, as the case may be, the state government. 2 the accounts of the board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the companies act, 1 of . 3 the said auditor shall be appointed by the central government or, as the case may be, the state government on the advice of the comptroller and auditor general of india. 4 every auditor appointed to audit the accounts of the board under this act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 5 every such auditor shall send a copy of his report together with an audited copy of the accounts to the central government or, as the case may be, the state government. 6 the central government shall, as soon as may be after the receipt of the audit report under subsection 5, cause the same to be laid before both houses of parliament. 7 the state government shall, as soon as may be after the receipt of the audit report under subsection 5, cause the same to be laid before the state legislature.

section 42. of the air prevention and control of pollution act : no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government or any member or any officer or other employee of the board in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules made thereunder.

section 37. of the air prevention and control of pollution act : 1 37. failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31a. 1 whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31a, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. 2 if the failure referred to in subsection 1 continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. 1 subs. by act 47 of , s. 18, for section 37 w.e.f.

section 38. of the air prevention and control of pollution act : whoever a destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the board, or b obstructs any person acting under the orders or directions of the board from exercising his powers and performing his functions under this act, or c damages any works or property belonging to the board, or d fails to furnish to the board or any officer or other employee of the board any information required by the board or such officer or other employee for the purpose of this act, or e fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the state board or the apprehension of such occurrence, to the state board and other prescribed authorities or agencies as required under subsection 1 of section 23, or f in giving any information which he is required to give under this act, makes a statement which is false in any material particular, or g for the purpose of obtaining any consent under section 21, makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 ten thousand rupees or with both. 1 subs. by s. 19, ibid., for five hundred rupees w.e.f. .

section 39. of the air prevention and control of pollution act : 1 39. penalty for contravention of certain provisions of the act. whoever contravenes any of the provisions of this act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousandrupees for every day during which such contravention continues after conviction for the first such contravention. 1 subs. by s. 20, ibid., for section 39 w.e.f. .

section 44. of the air prevention and control of pollution act : all the members and all officers and other employees of a board when acting or purporting to act in pursuance of any of the provisions of this act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 41. of the air prevention and control of pollution act : 1 where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a department of government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

section 40. of the air prevention and control of pollution act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section, a company means any body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 43. of the air prevention and control of pollution act : 1 43. cognizance of offences.1 no court shall take cognizance of any offence under this act except on a complaint made by a a board or any officer authorised in this behalf by it or b any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the board or officer authorised as aforesaid, and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 2 where a complaint has been made under clause b of subsection 1, the board shall, on demand by such person, make available the relevant reports in its possession to that person: provided that the board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest. 1 subs. by act 47 of , s. 21, for section 43 w.e.f. .

section 45. of the air prevention and control of pollution act : the central board shall, in relation to its functions under this act, furnish to the central government, and a state board shall, in relation to its functions under this act, furnish to the state government and to the central board such reports, returns, statistics, accounts and other information as that government, or, as the case may be, the central board may, from time to time, require.

section 46. of the air prevention and control of pollution act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority constituted under this act is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 47. of the air prevention and control of pollution act : 1 if at any time the state government is of opinion a that a state board constituted under this act has persistently made default in the performance of the functions imposed on it by or under this act, or b that circumstances exist which render it necessary in the public interest so to do, the state government may, by notification in the official gazette, supersede the state board for such period, not exceeding six months, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause a, the state government shall give a reasonable opportunity to the state board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the state board. 2 upon the publication of a notification under subsection 1 superseding the state board, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under this act, be exercised, performed or discharged by the state board shall, until the state board is reconstituted under subsection 3, be exercised, performed or discharged by such person or persons as the state government may direct c all property owned or controlled by the state board shall, until the board is reconstituted under subsection 3, vest in the state government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the state government may a extend the period of supersession for such further term, not exceeding six months, as it may consider necessary or b reconstitute the state board by a fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause a of subsection 2 shall also be eligible for nomination or appointment: provided that the state government may at any time before the expiration of the period of supersession, whether originally specified under subsection 1 or as extended under this subsection, take action under clause b of this subsection.

section 52. of the air prevention and control of pollution act : save as otherwise provided by or under the atomic energy act, 33 of , in relation to radioactive air pollution the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act.

section 48. of the air prevention and control of pollution act : where the central board or any state board constituted under the water prevention and control of pollution act, act 6 of , is superseded by the central government or the state government, as the case may be, under that act, all the powers, functions and duties of the central board or such state board under this act shall be exercised, performed or discharged during the period of such supersession by the person or persons, exercising, preforming or discharging the powers, functions and duties of the central board or such state board under the water prevention and control of pollution act, , during such period.

section 53. of the air prevention and control of pollution act : show related subordinates 1 the central government may, in consultation with the central board, by notification in the official gazette, make rules in respect of the following matters, namely: a the intervals and the time and place at which meetings of the central board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under subsection 1 of section 10 and under subsection 2 of section 11 b the fees and allowances to be paid to the members of a committee of the central board, not being members of the board, under subsection 3 of section 11 c the manner in which and the purposes for which persons may be associated with the central board under subsection 1 of section 12 d the fees and allowance to be paid under subsection 3 of section 12 to persons associated with the central board under subsection 1 of section 12 e the functions to be performed by the central board under clause j of subsection 2 of section 16 1 f the form in which and the time within which the budget of the central board may be prepared and forwarded to the central government under section 34 ff the form in which the annual report of die central board may be prepared under section 35 g the form in which the accounts of the central board may be maintained under subsection 1 of section 36. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 47 of , s. 23, for clause f w.e.f. .

section 49. of the air prevention and control of pollution act : 1 as and when the water prevention and control of pollution act, act 6 of , comes into force in any state and the state government constitutes 1 state pollution control board under that act, the state board constituted by the state government under this act shall stand dissolved and the board firstmentioned shall exercise the powers and perform the functions of the board secondmentioned in that state. 2 on the dissolution of the state board constituted under this act, a all the members shall vacate their offices as such b all moneys and other property of whatever kind including the fund of the state board owned by, or vested in, the state board, immediately before such dissolution, shall stand transferred to and vest in the2 state pollution control board c every officer and other employee serving under the state board immediately before such dissolution shall be transferred to and become an officer or other employee of the 2 state pollution control board and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the state board constituted under this act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the 2 state pollution control board: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the state government d all liabilities and obligations of the state board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the 2 state pollution control board and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the state board constituted under this act in relation to such liability or obligation may be continued and enforced by or against the 2 state pollution control board. 1 subs. by act 47 of , s. 15, for state board for the prevention and control of water pollution w.e.f. . 2 subs. by act 47 of , s. 15 for state board for the prevention and control of water pollution w.e.f. .

section 54. of the air prevention and control of pollution act : show related subordinates 1 subject to the provisions of subsection 3, the state government may, by notification in the official gazette, make rules to carry out the purposes of this act in respect of matter not falling within the purview of section 53. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely 1 a the qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control required for appointment as membersecretary of a state board constituted under the act 2 aa the terms and conditions of service of the chairman and other members other than the membersecretary of the state board constituted under this act under subsection 7 of section 7 b the intervals and the time and place at which meetings of the state board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under subsection 1 of section 10 and under subsection 2 of section 11 c the fees and allowances to be paid to the members of a committee of the state board, not being members of the board under subsection 3 of section 11 d the manner in which and the purpose for which persons may be associated with the state board under subsection 1 of section 12 e the fees and allowances to be paid under subsection 3 of section 12 to persons associated with the state board under subsection 1 of section 12 f the terms and conditions of service of the membersecretary of a state board constituted under this act under subsection 1 of section 14 g the powers and duties to be exercised and discharged by the membersecretary of a state board under subsection 2 of section 14 h the conditions subject to which a state board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under subsection 3 of section 14 i the conditions subject to which a state board may appoint a consultant under subsection 5 of section 14 j the functions to be performed by the state board under clause i of subsection 1 of section 17 k the manner in which any area or areas may be declared as air pollution control area or areas under subsection 1 of section 19 l the form of application for the consent of the state board, the fees payable therefore the period within which such application shall be made and the particulars it may contain, under subsection 2 of section 21 m the procedure to be followed in respect of an inquiry under subsection 3 of section 21 n the authorities or agencies to whom information under subsection 1 of section 23 shall be furnished o the manner in which samples of air or emission may be taken under subsection 1 of section 26 p the form of the notice referred to in subsection 3 of section 26 q the form of the report of the state board analyst under subsection 1 of section 27 r the form of the report of the government analyst under subsection 3 of section 27 s the functions of the state air laboratory, the procedure for the submission to the said laboratory of samples of air or emission for analysis or tests, the form of laboratorys report thereon, the fees payable in respect of such report and other matters as may be necessary or expedient to enable that laboratory to carry out its functions, under subsection 2 of section 28 t the qualifications required for government analysts under subsection 1 of section 29 u the qualification required for state board analysts under subsection 2 of section 29 v the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under subsection 3 of section 31 3 w the form in which and the time within which the budget of the state board may be prepared and forwarded to the state government under section 34 ww the form in which the annual report of the state board may be prepared under section 35 x the form in which the accounts of the state board may be maintained under the subsection 1 of section 36 4 xx the manner in which notice of intention to make a complaint shall be given under section 43 y the particulars which the register maintained under section 51 may contain z any other matter which has to be, or may be, prescribed. 3 after the first constitution of the state board, no rule with respect to any of the matters referred to in subsection 2 other than those referred to 5 in clause aa thereof, shall be made, varied, amended or repealed without consulting that board. 1 ins. by s. 24, ibid. w.e.f. . 2 clause a renumbered as clause aa thereof by s. 24, ibid. w.e.f. . 3 subs. by act 47 of , s. 24, for clause w w.e.f. . 4 ins. by s. 24, ibid. w.e.f. . 5 subs. by s. 24,ibid.,for in clause a w.e.f. .

section 51. of the air prevention and control of pollution act : 1 every state board shall maintain a register containing particulars of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed. 2 the register maintained under subsection 1 shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf.

section 50.. of the air prevention and control of pollution act : power to amend the schedule..omitted by the air prevention and control of pollutionamendment act, 47 of , s. 22 w.e.f. .

section 8. of the indira gandhi national open university act : 1 the president of india shall be the visitor of the university. 2 subject to the provisions of subsections 3 and 4, the visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college, regional centre, a study centre and also of the examination, instruction and other work conducted or done by the university, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the university. 3 the visitor shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made and the university shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the visitor may determine, such representations to him as it may consider necessary. 4 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where an inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry. 6 the visitor may address the vicechancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the visitor may be pleased to offer and on receipt of the address made by the visitor, the vicechancellor shall communicate forthwith to the board of management the results of the inspection or inquiry and the views of the visitor and the advice tendered by him upon the action to be taken thereon. 7 the board of management shall communicate through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. 8 where the board of management does not within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the board of management, issue such directions as he may think fit and any board of management shall be bound to comply with such directions. 9 without prejudice to the foregoing provision s of this section, the visitor may, by an order in writing, annul any proceedings of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the university to show cause way such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. 10 the visitor shall have such other powers as may be specified by the statutes.

section 1. of the indira gandhi national open university act : show related subordinates 1 this act may be called the indira gandhi national open university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 20th september, , vide notification no. s.o. 678e, dated 19th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the indira gandhi national open university act : 1 the university shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or admitted as a student in the university, or to graduate thereat, or to enjoy or exercise any privilege thereof. 2 nothing in subsection 1 shall be deemed to prevent the university from making any special provision for the appointment or admission of women or of persons belonging to the weaker sections of the society, and in particular, of persons belonging to the scheduled castes or scheduled tribes.

section 3. of the indira gandhi national open university act : 1 there shall be established a university by the name of the indira gandhi national open university. 2 the headquarters of the university shall be at delhi and it may establish or maintain colleges, regional centres and study centres at such other places in india as it may deem fit. 1 provided that the university may, with the prior approval of the visitor, also establish study centres outside india. 3 the first vicechancellor, the first provicechancellors and the first members of the board of management, the academic council and the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the indira gandhi national open university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name. 1. proviso added by act 32 of , s. 2 w.e.f. .

section 2. of the indira gandhi national open university act : in this act, and the statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b board of management means the board of management of the university c board of recognition means the board of recognition of the university d college means a college or other academic institution established or maintained by, or admitted to the privileges of, the university e distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means f employee means any person appointed by the university, and includes teachers and other academic staff of the university g finance committee means the finance committee of the university h governing body, in relation to a college, means any body by whatever name called charged with the management of the affairs of the college and recognised as such by the university i planning board means the planning board of the university j regional centre means a centre established or maintained by the university for the purpose of coordinating and supervising the work of study centres in any region and for performing such other functions as may be conferred on such centre by the board of management k regulations means the regulations made by any authority of the university under this act for the time being in force l school means a school of studies of the university m statutes and ordinances mean, respectively, the statutes and ordinances of the university for the time being in force n student means a student of the university, and includes any person who has enrolled himself for pursuing any course of study of the university o study centre means a centre established, maintained or recognised by the university for the purpose of advising, counselling or for rendering any other assistance required by the students p teachers means professors, readers, lecturers and such other persons as may be designated as such by the ordinances for imparting instruction in the university or for giving guidance or rendering assistance to students for pursuing any course of study of the university q university means the indira gandhi national open university established under this act r vicechancellor and provicechancellor mean, respectively, the vicechancellor and a provicechancellor of the university.

section 9. of the indira gandhi national open university act : the following shall be the officers of the university: 1 the vicechancellor 2 the provicechancellors 3 the directors 4 the registrars 5 the finance officer and 6 such other officers as may be declared by the statutes to be the officers of the university.

section 4. of the indira gandhi national open university act : the objects of the university shall be to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology, to provide opportunities for higher education to a larger segment of the population and to promote the educational well being of the community generally, to encourage the open university and distance education systems in the educational pattern of the country and to coordinate and determine the standards in such systems, and the university shall, in organising its activities, have due regard to the objects specified in the first schedule.

section 12. of the indira gandhi national open university act : every director shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the statutes.

section 6. of the indira gandhi national open university act : the university shall in the exercise of its powers have jurisdiction over the whole of india 1 and to the study centres outside india. 1. added by act 32 of , s. 3, for whole of india w.e.f. .

section 5. of the indira gandhi national open university act : 1 the university shall have the following powers, namely: i to provide for instruction in such branches of knowledge, technology, vocations and professions as the university may determine from time to time and to make provision for research ii to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose iii to hold examinations and confer degrees, diplomas, certificates or other academic distinctions or recognitions on persons who have pursued a course of study or conducted research in the manner laid down by the statutes and ordinances iv to confer honorary degrees or other distinctions in the manner laid down by the statutes v to determine the manner in which distance education in relation to the academic programmes of the university may be organised vi to institute professorships, readerships, lecturerships and other academic positions necessary for imparting instruction or for preparing educational material or for conducting other academic activities, including guidance, designing and delivery of course and evaluation of the work done by the students, and to appoint persons to such professorships, readerships, lecturerships and other academic positions vii to cooperate with, and seek the cooperation of, other universities and institutions of higher learning, professional bodies and organisations for such purposes as the university considers necessary viii to institute and award fellowships, scholarships, prizes and such other awards for recognition of merit as the university may deem fit ix to establish and maintain such regional centres as may be determined by the university from time to time x to establish, maintain or recognise study centres in the manner laid down by the statutes xi to provide for the preparation of instructional materials, including films, cassettes, tapes, video cassettes and other software xii to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, lesson writers, evaluators and other academic staff xiii to recognise examinations of, or periods of study whether in full or part at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the university, and to withdraw such recognition at any time xiv to make provision for research and development in educational technology and related matters xv to create administrative, ministerial and other necessary posts and to make appointments thereto xvi to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and government property, for the purposes of the university xvii to borrow, with the approval of the central government, whether on the security of the property of the university or otherwise, money for the purposes of the university xviii to enter into, carry out, vary or cancel contracts xix to demand and receive such fees and other charges as may be laid down by the ordinances xx to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct xxi to recognise any institution of higher learning or studies for such purposes as the university may determine and to withdraw such recognition xxii to appoint, either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the university xxiii to recognise persons working in other universities, institutions or organisations as teachers of the university on such terms and conditions as may be laid down by the ordinances xxiv to determine standards and to specify conditions for the admission of students to courses of study of the university which may include examination, evaluation and any other method of testing xxv to make arrangements for the promotion of the general health and welfare of the employees xxvi to confer autonomous status on a college or a regional centre in the manner laid down by the statutes xxvii to admit to its privileges any college in or outside india subject to such conditions as may be laid down by the statutes: provided that no college shall be so admitted except with the prior approval of the visitor xxviii to do all such acts as may be necessary or incidental to the exercise of all or any of the powers of the university as are necessary and conducive to the promotion of all or any of the objects of the university. 2 notwithstanding anything contained in any other law for the time being in force, but without prejudice to the provisions of subsection 1, it shall be the duty of the university to take all such steps as it may deem fit for the promotion of the open university and distance education systems and for the determination of standards of teaching, evaluation and research in such systems, and for the purpose of performing this function, the university shall have such powers, including the power to allocate and disburse grants to colleges, whether admitted to its privileges or not, or to any other university or institution of higher learning, as may be specified by the statutes.

section 10. of the indira gandhi national open university act : 1 the vicechancellor shall be appointed by the visitor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statutes. 2 the vicechancellor shall be the principle academic and executive officer of the university, and shall exercise supervision and control over the affairs of the university and give effect to the decisions of the all the authorities of the university. 3 the vicechancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection, shall have the right to appeal against such action to the board of management within ninety days from the date on which such action is communicated to him and thereupon the board of management may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he in of the opinion that any decision of any authority is beyond the powers of the authority conferred by the provisions of this act, statutes or ordinances or that any decision taken is not in the interests of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review its decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final: provided that the decision of the authority concerned shall remain suspended during the period of review of such decision by the authority or the visitor, as the case may be, under this subsection. 5 the vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes and the ordinances.

section 11. of the indira gandhi national open university act : every provicechancellor shall be appointed in such manner, on such emoluments and other conditions of service, and shall exercise such powers and perform such functions, as may be prescribed by the statutes.

section 13. of the indira gandhi national open university act : 1 every registrar shall be appointed in such manner, on such emoluments and other conditions of service as may be prescribed by the statutes. 2 a registrar empowered by the board of management shall have the power to enter into, and sign, agreements and authenticate records on behalf of the university. 3 every registrar shall exercise such powers and perform such functions as may be prescribed by the statutes.

section 19. of the indira gandhi national open university act : 1 there shall be constituted a planning board of the university which shall be the principal planning body of the university and shall also be responsible for the monitoring of the developments of the university on the lines indicated in the objects of the university. 2 the constitution of the planning board, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 14. of the indira gandhi national open university act : the finance officer shall be appointed in such manner, on such emoluments and other conditions of service and shall exercise such powers and perform such functions as may be prescribed by the statutes.

section 20. of the indira gandhi national open university act : 1 the board of recognition shall be responsible for admitting colleges to the privileges of the university. 2 the constitution and the other powers and functions of the board of recognition shall be prescribed by the statutes.

section 15. of the indira gandhi national open university act : the manner of appointment, emoluments, powers and duties of the other officers of the university shall be prescribed by the statutes.

section 16. authorities of the university of the indira gandhi national open university act : the following shall be the authorities of the university: 1 the board of management 2 the academic council 3 the planning board 4 the board of recognition 5 the schools of studies 6 the finance committee and 7 such other authorities as may be declared by the statutes to be the authorities of the university.

section 17.the board of management of the indira gandhi national open university act : 1 the board of management shall be the principal executive body of the university. 2 the constitution of the board of management, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 18. of the indira gandhi national open university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the university and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the statutes. 2 the constitution of the academic council and the term of office of its members shall be prescribed by the statutes.

section 21. of the indira gandhi national open university act : 1 there shall be such number of schools of studies as the university may determine from time to time. 2 the constitution, powers and functions of the schools of studies shall be prescribed by the statutes.

section 28. of the indira gandhi national open university act : 1 the annual report of the university shall be prepared under the directions of the board of management which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects. 2 the annual report so prepared shall be submitted to the visitor on or before such date as may be prescribed by the statutes. 3 a copy of the annual report, as prepared under subsection 1 shall also be submitted to the central government which shall, as soon as may be, cause the same to be laid before both the houses of parliament.

section 23.other authorities of the indira gandhi national open university act : the constitution, powers and functions of the other authorities which may be declared by the statutes to be authorities of the university shall be prescribed by the statutes.

section 22.the finance committee of the indira gandhi national open university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 24. of the indira gandhi national open university act : show related subordinates subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the manner of appointment of the vicechancellor, the term of his appointment, the emoluments and other conditions of his service and the powers and functions that may be exercised and performed by him b the manner of appointment of provicechancellors, director, registrars, the finance officer and other officers, the emoluments and other conditions of their service and the powers and functions that may be exercised and performed by each of the officers c the constitution of the board of management and other authorities of the university, the terms of office of the members of such authorities and the powers and functions that may be exercised and performed by such authorities d the appointment of teachers and other employees of the university, their emoluments and other conditions of service e the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the employees of the university f the principles governing the seniority of service of the employees of the university g the procedure in relation to any appeal or application for review by any employee or student of the university against the action of any officer or authority of the university, including the time within which such appeal or application for review shall be preferred or made h the procedure for the settlement of disputes between the employees or students of the university, and the university i the conferment of autonomous status on colleges and study centres j the coordination and determination of standards in the open university and distance education systems and the allocation and disbursement of grants to colleges and other universities and institutions k the conditions that are required to be fulfilled for admission of the colleges to the privileges of the university l all other matters which by this act are to be, or may be, provided by the statutes.

section 29.annual accounts, etc of the indira gandhi national open university act : 1 the annual accounts and the balancesheet of the university shall be prepared under the directions of the board of management and shall, once at least every year, and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or such person or persons as he may authorise in this behalf. 2 a copy of the accounts together with the audit report shall be submitted to the visitor along with the observations, if any, of the board of management. 3 any observations made by the visitor on the annual accounts shall be brought to notice of the board of management and the views of the board of management, if any, on such observations shall be submitted to the visitor. 4 a copy of the accounts together with the audit report, as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament. 5 the audited annual accounts, after having been laid before both the houses of parliament, shall be published in the gazette of india.

section 25. of the indira gandhi national open university act : 1 the first statutes are those set out in the second schedule. 2 the board of management may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the board of management shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given a reasonable opportunity to express its opinion in writing on the proposed changes and any opinion so expressed has been considered by the board of management. 3 every new statute or addition to the statutes or any amendment or repeal thereof shall require the approval of the visitor, who may assent thereto or withhold assent or remit to the board of management for reconsideration in the light observations, if any, made by him. 4 a new statute or a statute amending or repealing an existing statute shall not be valid unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the board of management is unable to implement such a direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board of management for its inability to comply with such direction, make or amend the statutes suitably.

section 32. of the indira gandhi national open university act : 1 the university shall constitute for the benefit of the employees such provident or pension funds or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of shall apply to such funds, as if it were a government provident fund.

section 26. of the indira gandhi national open university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students, the courses of study and the fees therefor, the qualifications pertaining to degrees, diplomas, certificates and other courses, the conditions for the grant of fellowships, awards and the like b the conduct of examinations, including the terms and conditions and appointment of examiners c the management of colleges admitted to the privileges of the university and d any other matter which by this act or the statutes is to be, or may be, provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the board of management in the manner prescribed by the statutes.

section 27. of the indira gandhi national open university act : show related subordinates the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes.

section 30. of the indira gandhi national open university act : 1 every employee of the university shall be appointed under a written contract and such contract shall not be inconsistent with the provisions of this act, the statutes and the ordinances. 2 the contract referred to in subsection 1 shall be lodged with the university and a copy of which shall be furnished to the employee concerned.

section 31. of the indira gandhi national open university act : 1 any dispute arising out of a contract of employment referred to in section 30 between the university and an employee shall, at the request of either party, be referred to a tribunal of arbitration which shall consist of one member nominated by the board of management, one member nominated by the employee concerned and an umpire to be nominated by the visitor. 2 every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of , and all the provisions of that act, with the exception of section 2 thereof, shall apply accordingly. 3 the procedure for regulating the work of the tribunal of arbitration shall be prescribed by the statutes. 4 the decision of the tribunal of arbitration shall be final and binding on the parties, and no suit shall lie in any court in respect of the matters decided by the tribunal.

section 33. disputes as to the constitution of the university authorities and bodies of the indira gandhi national open university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 40.statutes, ordinances and regulations to be published in the official gazette and to be laid before parliament of the indira gandhi national open university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation.

section 38. of the indira gandhi national open university act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the gazette of india, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act.

section 34. of the indira gandhi national open university act : all the casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be convenient, by the person or body who appoints elects or coopts the member whose place has become vacant and any person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 35. of the indira gandhi national open university act : no act or proceedings of any authority or any other body shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.

section 36. of the indira gandhi national open university act : no suit or other legal proceedings shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act or the statutes or the ordinances.

section 37. of the indira gandhi national open university act : a copy of any receipt, application, notice, order, proceedings, resolution of any authority or committee of the university, or other documents in the possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar so designated shall, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence.

section 39.transitional provisions of the indira gandhi national open university act : notwithstanding anything contained in this act and the statutes: a the first vicechancellor, the first registrars and the first finance officer shall be appointed by the visitor and they shall be governed by the terms and conditions of service specified by the statutes: provided that the first vicechancellor shall be eligible for appointment in the manner specified in the statutes for another term b the first board of management shall consist of not more than fifteen members who shall be nominated by the visitor and they shall hold office for a term of three years and c i the first planning board shall consist of not more than ten members who shall be nominated by the visitor and they shall hold office for a term of three years ii the planning board shall, in addition to the powers and functions conferred on it by this act, exercise the powers of the academic council, until the academic council is constituted under the provisions of this act and the statutes, and in the exercise of such powers, the planning board may coopt such members as it may decide.

section 8. of the delhi school education act : show related subordinates 1 the administrator may make rules regulating the minimum qualifications for recruitment, and the conditions of service, of employees of recognised private schools: provided that neither the salary nor the rights in respect of leave of absence, age of retirement and pension of an employee in the employment of an existing school at the commencement of this act shall be varied to the disadvantage of such employee: provided further that every such employee shall be entitled to opt for terms and conditions of service as they were applicable to him immediately before the commencement of this act. 2 subject to any rule that may be made in this behalf, no employee of a recognised private school shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with the prior approval of the director. 3 any employee of a recognised private school who is dismissed, removed or reduced in rank may, within three months from the date of communication to him of the order of such dismissal, removal or reduction in rank, appeal against such order to the tribunal constituted under section 11. 4 where the managing committee of a recognised private school intends to suspend any of its employees, such intention shall be communicated to the director and no such suspension shall be made except with the prior approval of the director: provided that the managing committee may suspend an employee with immediate effect and without the prior approval of the director if it is satisfied that such immediate suspension is necessary by reason of the gross misconduct, within the meaning of the code of conduct prescribed under section 9, of the employee: provided further that no such immediate suspension shall remain in force for more than a period of fifteen days from the date of suspension unless it has been communicated to the director and approved by him before the expiry of the said period. 5 where the intention to suspend, or the immediate suspension of, an employee is communicated to the director, he may, if he is satisfied that there are adequate and reasonable grounds for such suspension, accord his approval to such suspension.

section 1. of the delhi school education act : 1 this act may be called the delhi school education act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date as the administrator may, by notification, appoint and different dates 1 may be appointed for different provisions of this act, and any reference to the commencement of this act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force. 1 28th april, , vide notification of the delhi administration in the education deptt. no. f. 5/15/72education dated 28th april, , in respect of the provisions except chapters ii to v both inclusive, sections 16, 17, 18, 22 and 27. 31st december, , vide notification no. f. 5/15/72education i, dated 31st december, , delhi gazette, extraordinary, pt. iv, dated 31st december, , in respect of chapters ii to v both inclusive, sections, 16, 17, 18, 22 and 27,

section 3. of the delhi school education act : show related subordinates 1 the administrator may regulate education in all the schools in delhi in accordance with the provisions of this act and the rules made thereunder. 2 the administrator may establish and maintain any school in delhi or may permit any person or local authority to establish and maintain any school in delhi, subject to compliance with the provisions of this act and the rules made thereunder. 3 on and from the commencement of this act and subject to the provisions of clause 1 of article 30 of the constitution, the establishment of a new school or the opening of a higher class or the closing down of an existing class in any existing school in delhi shall be subject to the provisions of this act and the rules made thereunder and any school or higher class established or opened otherwise than in accordance with the provisions of this act shall not be recognised by the appropriate authority.

section 7. of the delhi school education act : show related subordinates 1 the management of every aided school shall furnish to the appropriate authority, initially, at the time of grant of aid and thereafter annually, a statement containing a list of school property together with such particulars as may be prescribed. 2 notwithstanding anything contained in any other law for the time being in force, no transfer, mortgage or lease of any movable or immovable property of an aided school, not being the property specified in the rules, shall be made except with the previous permission of the appropriate authority: provided that where the appropriate authority omits or fails to dispose of the application for such permission within sixty days from the date of receipt of the application in this behalf, the permission shall, on the expiry of the said period of sixty days, be deemed to have been granted. 3 any person aggrieved by the grant or refusal of permission under subsection 2 may prefer, in such form and within such time as may be prescribed, appeal to the administrator against such grant or refusal of permission and the decision of the administrator thereon shall be final. 4 any transaction made in contravention of the provisions of subsection 2, or, as the case may be, decision of the administrator, shall be void.

section 2. of the delhi school education act : show related subordinates in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution b advisory board means the board referred to in section 22 c aid means any aid granted to a recognised school by the central government, administrator, a local authority or any other authority designated by the central government, administrator or a local authority d aided school means a recognised private school which is receiving aid in the form of maintenance grant from the central government, administrator or a local authority or any other authority designated by the central government, administrator or a local authority e appropriate authority means, i in the case of a school recognised or to be recognised by an authority designated or sponsored by the central government, that authority ii in the case of a school recognised or to be recognised by the delhi administration, the administrator or any other officer authorised by him in this behalf iii in the case of a school recognised or to be recognised by the municipal corporation of delhi, that corporation iv in the case of any other school, the administrator or any other officer authorised by him in this behalf f delhi means the union territory of delhi g director means the director of education, delhi, and includes any other officer authorised by him to perform all or any of the functions of the director under this act h employee means a teacher and includes every other employee working in a recognised school i existing employee means an employee of an existing school who is employed in such school immediately before the commencement of this act, and includes an employee who was employed in such school for a period of not less than twelve months immediately preceding the 2nd day of september, j existing school means a recognised private school which is in existence at the commencement of this act k head of school means the principal academic officer, by whatever name called, of a recognised school l local authority means, i in relation to an area within the local limits of the municipal corporation of delhi, that corporation ii in relation to an area within the local limits of the new delhi municipal committee, that committee iii in relation to an area within the local limits of the delhi cantonment board, that board m manager, in relation to a school, means the person, by whatever name called, who is entrusted, either on the date on which this act comes into force or, as the case may be, under a scheme of management made under section 5, with the management of the affairs of that school n managing committee means the body of individuals who are entrusted with the management of any recognised private school o minority school means a school established and administered by a minority having the right to do so under clause 1 of article 30 of the constitution p notification means a notification published in the official gazette q prescribed means prescribed by rules made under this act r private school means a school which is not run by the central government, administrator, a local authority or any other authority designated or sponsored by the central government, administrator or a local authority s public examination means an examination conducted by the central board of secondary education, council for indian school certificate examinations or any other board which may hereafter be established for the purpose, and recognised by the administrator or any other officer authorised by him in this behalf t recognised school means a school recognised by the appropriate authority u school includes a preprimary, primary, middle and higher secondary school, and also includes any other institution which imparts education or training below the degree level, but does not include an institution which imparts technical education v school property means all movable and immovable property belonging to, or in the possession of, the school and all other rights and interests in, or arising out of, such property, and includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, equipment, utensils, cash, reserve funds investments and bank balances w teacher includes the head of a school x unaided minority school means a recognised minority school which does not receive any aid.

section 9. of the delhi school education act : every employee of a recognised school shall be governed by such code of conduct as may be prescribed and on the violation of any provision of such code of conduct, the employee shall be liable to such disciplinary action as may be prescribed.

section 4. of the delhi school education act : show related subordinates 1 the appropriate authority may, on an application made to it in the prescribed form and in the prescribed manner, recognise any private school: provided that no school shall be recognised unless a it has adequate funds to ensure its financial stability and regular payment of salary and allowances to its employees b it has a duly approved scheme of management as required by section 5 c it has suitable or adequate accommodation and sanitary facilities having regard, among other factors, to the number, age and sex of the pupils attending it d it provides for approved courses of study and efficient instruction e it has teachers with prescribed qualifications and f it has the prescribed facilities for physical education, library service, laboratory work, workshop practice or cocurricular activities. 2 every application for recognition of a school shall be entertained and considered by the appropriate authority and the decision thereon shall be communicated to the applicant within a period of four months from the date of the receipt of the application and where recognition is not granted, the reasons for not granting such recognition shall also be communicated to the applicant within the said period. 3 where recognition to a school is refused, any person aggrieved by such refusal may, within thirty days from the date of communication to him, of such refusal, appeal against such refusal, in the prescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shall be final: provided that the prescribed authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to be recorded by it in writing, the said period by a further period of sixty days. 4 where the managing committee of a school obtains recognition by fraud, misrepresentation or suppression of material particulars, or where, after obtaining recognition, the school fails to continue to comply with any of the conditions specified in the proviso to subsection 1. the authority granting the recognition may, after giving the managing committee of the school a reasonable opportunity of showing cause against the proposed action, withdraw the recognition granted to such school under subsection 1. 5 the recognition granted under subsection 1 shall not, by itself, entitle any school to receive aid. 6 every existing school shall be deemed to have been recognised under this section and shall be subject to the provisions of this act and the rules made thereunder: provided that where any such school does not satisfy any of the conditions specified in the proviso to subsection 1, the prescribed authority may require the school to satisfy such conditions and such other conditions as may be prescribed, within a specified period and if any such condition is not satisfied, recognition may be withdrawn from such school. 7 every school, whose recognition is withdrawn under subsection 4 or subsection 6, may appeal to the prescribed authority, who shall dispose of the appeal within six months from the date of presentation of the appeal in such manner as may be prescribed, and if the appeal is not disposed of within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six months, stand cancelled. 8 on hearing an appeal preferred under subsection 3 or subsection 7, the prescribed authority may, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse the order appealed against.

section 10. of the delhi school education act : show related subordinates 1 the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority: provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of any recognised private school are less than those of the employees of the corresponding status in the schools run by the appropriate authority, the appropriate authority shall direct, in writing, the managing committee of such school to bring the same up to the level of those of the employees of the corresponding status in schools run by the appropriate authority: provided further that the failure to comply with such direction shall be deemed to be noncompliance with the conditions for continuing recognition of an existing school and the provisions of section 4 shall apply accordingly. 2 the managing committee of every aided school shall deposit, every month, its share towards pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the administrator and the administrator shall disburse, or cause to be disbursed, within the first week of every month, the salaries and allowances to the employees of the aided schools.

section 5. of the delhi school education act : 1 notwithstanding anything contained in any other law for the time being in force or in any instrument having effect by virtue of any such law, the managing committee of every recognised school shall make, in accordance with the rules made under this act and with the previous approval of the appropriate authority, a scheme of management for such school: provided that in the case of a recognised private school which does not receive any aid, the scheme of management shall apply with such variations and modifications as may be prescribed: provided further that so much of this subsection as relates to the previous approval of the appropriate authority, shall not apply to a scheme of management for an unaided minority school. 2 a scheme may be made, in like manner, to add to, vary or modify any scheme made under subsection 1.

section 6. of the delhi school education act : 1 the central government may, after due appropriation made by parliament by law in this behalf and subject to such conditions as may be prescribed, pay to the administrator, for distribution of aid to recognised private schools, not being primary schools recognised by a local authority, such sums of money as that government may consider necessary: provided that no existing school receiving, immediately before the commencement of this act, aid shall be eligible for the continuance of such aid unless it complies, within such period as may be specified by the director, with the conditions specified in the proviso to subsection 1 of section 4. 2 the authority competent to grant the aid may stop, reduce or suspend aid for violation of any of the conditions prescribed in this behalf. 3 the aid may cover such part of the expenditure of the school as may be prescribed. 4 no payment, out of the aid given for salary, allowances and provident fund of employees of the school, shall be made for any other purpose. 5 no aid shall be given to a school the management of which has been taken over under section 20. 6 no unrecognised school shall be eligible to receive any aid or any benefit made available to private schools by the administrator or any agency of the administrator.

section 14. of the delhi school education act : every employee of an unaided minority school shall be governed by such code of conduct as may be prescribed.

section 16. of the delhi school education act : 1 a child who has not attained the age of five years, shall not be admitted to class i, or an equivalent class or any class higher than class i, in a recognised school. 2 a student seeking admission for the first time in a recognised school in a class higher than class i shall not be admitted to that class if his age reduced by the number of years of normal school study between that class and class i or an equivalent class, falls short of five years. 3 admission to a recognised school or to any class thereof shall be regulated by rules made in this behalf.

section 12. of the delhi school education act : nothing contained in this chapter shall apply to an unaided minority school.

section 18. of the delhi school education act : 1 in every aided school, there shall be a fund, to be called the school fund, and there shall be credited thereto a any aid granted by the administrator, b income accruing to the school by way of fees, charges or other payments, and c any other contributions, endowments and the like. 2 the school fund and all other funds, including the pupils fund, established with the approval of the administrator, shall be accounted for and operated in accordance with the rules made under this act. 3 in every recognised unaided school, there shall be a fund, to be called the recognised unaided school fund, and there shall be credited thereto income accruing to the school by way of a fees, b any charges and payments which may be realised by the school for other specific purposes, and c any other contributions, endowments, gifts and the like, 4 a income derived by unaided schools by way of fees shall be utilised only for such educational purposes as may be prescribed and b charges and payments realised and all other contributions, endowments and gifts received by the school shall be utilised only for the specific purpose for which they were realised or received. 5 the managing committee of every recognised private school shall file every year with the director such duly audited financial and other returns as may be prescribed, and every such return shall be audited by such authority as may be prescribed.

section 11. of the delhi school education act : 1 the administrator shall, by notification, constitute a tribunal, to be known as the delhi school tribunal, consisting of one person: provided that no person shall be so appointed unless he has held office as a district judge or any equivalent judicial office. 2 if any vacancy, other than a temporary absence, occurs in the office of the presiding officer of the tribunal, the administrator shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the tribunal from the stage at which the vacancy is filled. 3 the administrator shall make available to the tribunal such staff as may be necessary in the discharge of its functions under this act. 4 all expenses incurred in connection with the tribunal shall be defrayed out of the consolidated fund of india. 5 the tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings. 6 the tribunal shall for the purpose of disposal of an appeal preferred under this act have the same powers as are vested in a court of appeal by the code of civil procedure, 5 of and shall also have the power to stay the operation of the order appealed against on such terms as it may think fit.

section 19. of the delhi school education act : 1 for the purpose of any public examination every recognised higher secondary school shall be affiliated to one or more of the boards or council conducting such examination and shall fulfil the conditions specified by the board or council in this behalf. 2 the students of recognised higher secondary schools shall be prepared for, and presented to, the public examinations or such other form of evaluation held or made for the students of such schools. 3 the students of every recognised middle school shall be prepared for, and presented to, such public examination as may be held by the directorate of education, delhi, for the students of such schools. 4 every student of a recognised primary school shall be prepared for, and presented to, the public examination held by a local authority competent to hold such examination for the students of such schools.

section 13. of the delhi school education act : the administrator may make rules regulating the minimum qualifications for, and method of, recruitment of employees of unaided minority schools: provided that no qualification shall be varied to the disadvantage of an existing employee of an unaided minority school.

section 15. of the delhi school education act : show related subordinates 1 the managing committee of every unaided minority school shall enter into a written contract of service with every employee of such school: provided that if, at the commencement of this act, there is no written contract of service in relation to any existing employee of an unaided minority school, the managing committee of such school shall enter into such contract within a period of three months from such commencement: provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of any existing employee the term of any contract subsisting at the commencement of this act between him and the school. 2 a copy of every contract of service referred to in subsection 1 shall be forwarded by the managing committee of the concerned unaided minority school to the administrator who shall, on receipt of such copy, register it in such manner as may be prescribed. 3 every contract of service referred to in subsection 1 shall provide for the following matters, namely: a the terms and conditions of service of the employee, including the scale of pay and other allowances to which he shall be entitled b the leave of absence, age of retirement, pension and gratuity, or, contributory provident fund in lieu of pension and gratuity, and medical and other benefits to which the employee shall be entitled c the penalties which may be imposed on the employee for the violation of any code of conduct or the breach of any term of the contract entered into by him d the manner in which disciplinary proceedings in relation to the employee shall be conducted and the procedure which shall be followed before any employee is dismissed, removed from service or reduced in rank e arbitration of any dispute arising out of any breach of contract between the employee and the managing committee with regard to i the scales of pay and other allowances, ii leave of absence, age of retirement, pension, gratuity, provident fund, medical and other benefits, iii any disciplinary action leading to the dismissal or removal from service or reduction in rank of the employee f any other matter which, in the opinion of the managing committee, ought to be, or may be, specified in such contract.

section 21. of the delhi school education act : nothing contained in section 20 shall apply to any minority school.

section 17. of the delhi school education act : 1 no aided school shall levy any fee or collect any other charge or receive any other payment except those specified by the director. 2 every aided school having different rates of fees or other charges or different funds shall obtain prior approval of the prescribed authority before levying such fees or collecting such charges or creating such funds. 3 the manager of every recognised school shall, before the commencement of each academic session, file with the director a full statement of the fees to be levied by such school during the ensuing academic session, and except with the prior approval of the director, no such school shall charge, during that academic session, any fee in excess of the fee specified by its manager in the said statement.

section 26. of the delhi school education act : no suit, prosecution or other legal proceeding shall lie against the administrator, director or any other person authorised by the administrator or director for anything which is in good faith done or intended to be done in pursuance of this act or any rule made thereunder.

section 20. of the delhi school education act : 1 whenever the administrator is satisfied that the managing committee or manager of any school, whether recognised or not, has neglected to perform any of the duties imposed on it by or under this act or any rule made thereunder and that it is expedient in the interests of school education to take over the management of such school, he may, after giving the managing committee or the manager of such school, a reasonable opportunity of showing cause against the proposed action, take over the management of such school for a limited period not exceeding three years: provided that where the management of a school has been taken over for a period of three years or less, the administrator may, if he is of opinion that in order to secure proper management of the school it is expedient that such management should continue to be in force after the expiry of the said limited period, he may, from time to time, issue directions for the continuance of such management for such period not exceeding one year at a time as he may think fit, so, however, that the total period for which such management is taken over shall not, in any case, exceed five years. 2 whenever the management of any school is taken over under subsection 1, every person in charge of the management of such school immediately before its management is taken over, shall deliver possession of the school property to the administrator or any officer authorised by him in this behalf. 3 after taking over the management of any school under this section, the administrator may arrange to manage the school through the director or any other person authorised by the director in this behalf hereinafter referred to as the authorised officer. 4 where the management of any school has been taken over under subsection 1, the managing committee or manager of such school may, within three months from the date of taking over, appeal to the administrator, who may after considering the representation made by the managing committee or the manager, pass such orders, including an order for the restoration of the management or for the reduction of the period during which the management of such school shall remain vested in the administrator, as he may deem fit. 5 where the management of a school has been taken over under this section, the administrator shall pay such rent as may be payable for the building of the school to the person entitled to receive it as was being paid by the managing committee or the manager immediately before the management of such school was taken over. 6 during such period as any school remains under the management of the authorised officer a the service conditions, as approved by the administrator, of the employees of the school who were in employment immediately before the date on which the management was taken over, shall not be varied to their disadvantage b all educational facilities which the school had been affording immediately before such management was taken over, shall continue to be afforded c the school fund, the pupils fund and the management fund and any other existing fund shall continue to be available to the authorised officer for being spent for the purposes of the school and d no resolution passed at any meeting of the managing committee of such school shall be given effect to unless approved by the administrator.

section 22. of the delhi school education act : 1 there shall be an advisory board for school education, to be called the delhi school education advisory board for the purpose of advising the administrator on matters of policy relating to education in delhi. 2 the advisory board shall be constituted by the administrator and shall consist of a chairman and fourteen other members, to be nominated by the administrator. 3 the advisory board constituted under subsection 2 shall include a heads of recognised private schools b representatives of the organisations of teachers of the recognised private schools c managers of the recognised private schools d representatives of parents or guardians of students of recognised private schools and e eminent educationists. 4 the advisory board shall regulate its own procedure. 5 the terms of office of every member of the board and travelling and other allowances payable to a member of the board shall be such as may be prescribed.

section 27. of the delhi school education act : if the manager of any recognised private school. a omits or fails, without any reasonable excuse, to carry out any orders made by the tribunal, or b presents any student for any public examination without complying with the provisions of section 19, or c omits or fails to deliver any school property to the administrator or any officer authorised by him under subsection 2 of section 20, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

section 23. of the delhi school education act : 1 the administrator may delegate all or any of his powers, duties and functions under this act to the director or any other officer. 2 every person to whom any power is delegated under subsection 1, may exercise that power in the same manner and with the same effect as if such power had been conferred on him directly by this act and not by way of delegation.

section 24. of the delhi school education act : show related subordinates 1 every recognised school shall be inspected at least once in each financial year in such manner as may be prescribed. 2 the director may also arrange special inspection of any school on such aspects of its working as may, from time to time, be considered necessary by him. 3 the director may give directions to the manager requiring the manager to rectify any defect or deficiency found at the time of inspection or otherwise in the working of the school. 4 if the manager fails to comply with any direction given under subsection 3, the director may, after considering the explanation or report, if any, given or made by the manager, take such action as he may think fit, including a stoppage of aid, b withdrawal of recognition, or c except in the case of a minority school, taking over of the school under section 20.

section 29. of the delhi school education act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act.

section 25. of the delhi school education act : no civil court shall have jurisdiction in respect of any matter in relation to which the administrator or the director or any other person authorised by the administrator or director or any other officer or authority appointed or specified by or under this act, is empowered by or under this act to exercise any power, and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this act.

section 28. of the delhi school education act : 1 the administrator may, with the previous approval of the central government, and subject to the condition of previous publication, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which education may be regulated by the administrator in delhi b the conditions which every existing school shall be required to comply c establishment of a new school or the opening of a higher class or the closing down of an existing class in an existing school d the form and manner in which an application for recognition of a school shall be made e the facilities to be provided by a school to obtain recognition f the manner in which, and the authority to which, an appeal against the refusal or withdrawal of recognition shall be made g the minimum qualifications for, and method of recruitment, and the terms and conditions of service of employees h the authorities to be specified for the purposes of the different provisions of this act i the particulars which a scheme of management shall contain, and the manner in which such scheme shall be made j variations and modifications which may be made in the scheme of management for a recognised school which does not receive any aid k the conditions under which aid may be granted to recognised schools, and on the violation of which aid may be stopped, reduced or suspended l the part of the expenditure of a recognised school which is to be covered by aid m particulars of school property which should be furnished to the appropriate authority n the form in which, and the time within which, an appeal shall be preferred to the administrator against an order made in relation to the transfer, mortgage or lien of any school property o the code of conduct for the employees and the disciplinary action to be taken for the violation thereof p the benefits which should be granted to the employees of recognised private schools q admissions to a recognised school r fees and other charges which may be collected by an aided school s the manner of inspection of recognised schools t the term of office, travelling and other allowances payable to the members of the advisory board u financial and other returns to be filed by the managing committee of recognised private schools, and the authority by which such returns shall be audited v educational purposes for which the income derived by way of fees by recognised unaided schools shall be spent w manner of accounting and operation of school funds and other funds of a recognised private school x fees, not exceeding one rupee, for preferring any appeal under this act y any other matter which is to be, or may be, prescribed under this act. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annualment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the offshore areas mineral development and regulation act : 1 the central government may, from time to time, by notification in the official gazette, reserve any offshore area not already held under any operating right, for the purposes of the central government and, where it proposes to do so, it shall, by notification in the official gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area shall be reserved. 2 the central government may, from time to time, by notification in the official gazette, dereserve, any area reserved under subsection 1, in the interest of development and regulation of the offshore mineral.

The Offshore Areas Mineral (Development and Regulation) Act, 2002

section 1. of the offshore areas mineral development and regulation act : 1 this act may be called the offshore areas mineral development and regulation act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1.15th january, , vide notification no. s.o. 338e, dated by 11th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the offshore areas mineral development and regulation act : it is hereby declared that it is expedient in the public interest that the union should take under its control the regulation of mines and the development of minerals in offshore areas to the extent herein after provided.

section 7. of the offshore areas mineral development and regulation act : 1 where the central government, after consultation with the administering authority, is of the opinion that it is expedient in the interest of development and regulation of offshore mineral resources, preservation of natural environment and prevention of pollution, avoidance of danger to public health or communication, ensuring safety of any offshore structure or conservation of mineral resources, the central government may prematurely terminate any operating right in respect of any mineral in any offshore area or part thereof. 2 no order for premature termination of operating right under subsection 1 shall be made except after giving the holder of operating right a reasonable opportunity of being heard. 3 where the holder of any operating right fails to commence operation within the period specified in section 14 or discontinues the operation for a period of two years, the operating right shall lapse from the date of execution of the lease or, as the case may be, discontinuance of the operation: provided that the administering authority, on an application made by the holder of operating right and after being satisfied that such noncommencement of operation or discontinuation thereof, is due to the reasons beyond the control of the holder of operating right, may condone such noncommencement or discontinuation.

section 3. of the offshore areas mineral development and regulation act : 1 this act shall apply to all minerals in the offshore areas including any mineral prescribed by notification under clause g of subsection 1 of section 2 of the atomic energy act, 33 of except mineral oils and hydrocarbons related thereto. 2 except as otherwise provided in this act, the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in force in the offshore areas.

section 5. of the offshore areas mineral development and regulation act : 1 no person shall undertake any reconnaissance operation, exploration operation or production operation in the offshore areas, except under and in accordance with the prescribed terms and conditions of a reconnaissance permit, exploration licence or production lease granted under this act and the rules made thereunder: provided that nothing in this subsection shall apply to any reconnaissance operation or exploration operation undertaken by the geological survey of india, atomic minerals directorate of exploration and research, the chief hydrographer to the government of india of naval hydrographic office of the indian navy, the national institute of oceanography, the national institute of ocean technology of department of ocean development of the government of india, or any other agency duly authorised in this behalf by the central government. 2 a permittee or licensee or lessee shall furnish a all data, as the case may be, relating to reconnaissance operation or mineral exploration or mining such as bathymetry, geomorphology, mineral distribution, anomaly maps, sections, core logs, location maps, plans, structures, contour maps, chemical analysis, data on current tides, waves, wind, other geophysical and geotechnical data and any other data collected during exploration operation or mining operation, to the directorgeneral, geological survey of india, kolkata and the controller general, indian bureau of mines, nagpur b all information pertaining to atomic minerals collected, as the case may be, during reconnaissance operation or exploration operation or mining operation, to the secretary to the government of india dealing with the atomic energy, directorgeneral, geological survey of india, kolkata and the controller general, indian bureau of mines, nagpur c a six monthly report on the work done by him stating the number of persons engaged and disclosing in full the geological, geophysical, geochemical, geoenvironmental or other valuable data collected by him during the period under report, to the directorgeneral, geological survey of india, kolkata and the controller general, indian bureau of mines, nagpur and the report shall be submitted within three months of the closing of the period to which it relates: provided that in the case of investigations pertaining to the atomic minerals, such report shall also be submitted to the secretary to the government of india dealing with the atomic energy d a full report of the work done by him and all information relevant to mineral resources collected by him during the course of exploration operation of the area covered by the licence within three months of the expiry of the licence, or abandonment of operation or termination of the licence, whichever is earlier, to the directorgeneral, geological survey of india, kolkata and the controller general, indian bureau of mines, nagpur and shall also give therein reasons and indicate whether the whole or any part of the report or data submitted by him should be kept confidential. 3 notwithstanding anything contained in this act, the central government may a authorise seaward artillery practice under the seaward artillery practice act, 8 of b provide for, by notification in the official gazette, special measures to ensure public safety and interest, the defence of india and civil defence, conduct of the naval operations and exercises, national security and other strategic considerations and the matters connected therewith during war like conditions or otherwise. 4 no operating right shall be granted or renewed otherwise than in accordance with the provisions of this act and the rules made thereunder and any reconnaissance permit, exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this act or any rules made thereunder, shall be void.

section 4. of the offshore areas mineral development and regulation act : in this act, unless the context otherwise requires, a administering authority means an authority notified, in the official gazette, by the central government for the purposes of this act b atomic minerals means the minerals included in atomic minerals specified in part b of the first schedule to the mines and minerals development and regulation act, 67 of c coast guard means the coast guard constituted under the coast guard act, 30 of d exploration licence means a licence granted under section 12 e exploration operation means any operation undertaken for the purpose of exploring, locating or proving the mineral deposits f holder, in relation to any operating right, means the lessee, licensee or permittee, as the case may be, in respect of such operating right g hydrocarbon means very large group of chemical compounds composed of carbon and hydrogen h indian national means a citizen of india and includes a firm or other association, if all the members of the firm or, as the case may be, the members of the association, are citizens of india i lessee means the person in whose name the production lease is granted j licensee means the person in whose name the exploration licence is granted k mine means any place in the offshore area wherein any exploration or production operation is carried on, together with any vessel, erection, appliance, artificial island or platform and premises in the offshore area used for the purposes of exploration, winning, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method, and includes any area covered by an exploration licence or production lease where exploration or production operation has been, or is being, or may be, carried on under the provisions of this act l mineral includes all minerals except mineral oil and hydrocarbon resources relating thereto m mineral oil includes natural gas and petroleum n offshore area means the territorial waters, continental shelf, exclusive economic zone and other maritime zones of india under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of o operating right means the right of holder of a reconnaissance permit, or an exploration licence, or a production lease p permittee means the person in whose name the reconnaissance permit is granted q pollution of offshore environment means the introduction by any person, directly or indirectly, of substances or energy into the offshore environment which results, or is likely to result, in deleterious effect on living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the offshore areas and impairment of quality of sea water for use and reduction of amenities r prescribed means prescribed by rules made under this act s production operation means any operation undertaken for the purpose of winning any mineral from the offshore area and includes any operation directly or indirectly necessary there for or incidental thereto t production lease means a lease granted under section 13 which confers an exclusive right for the purpose of undertaking production operation u reconnaissance operation means any preliminary geoscientific survey undertaken for the purpose of searching or locating mineral deposits v reconnaissance permit means a permit granted under section 11 for the purpose of undertaking reconnaissance operation w vessel includes any ship, boat, sailing vessel or any other vessel of any description.

section 6. of the offshore areas mineral development and regulation act : the central government shall not grant an operating right to any person unless such person a is an indian national, or a company as defined in section 3 of the companies act, 1 of and b satisfies such conditions as may be prescribed: provided that no production lease for atomic minerals or prescribed substances may be granted without consultation with the department of the government of india dealing with the atomic energy.

section 9. of the offshore areas mineral development and regulation act : 1 the central government may, in the public interest, by order in writing and communicated to the permittee, licensee or lessee, as the case may be, close any area either in part or whole, covered under any operating right, for the preservation of natural environment and prevention of pollution, or to avoid danger to public health, or communication, or to ensure safety of any offshore structure or platform, or for the conservation of offshore mineral, or for national security or for any other strategic consideration. 2 any area, either in part or whole closed under subsection 1 and included in any operating right, shall, from the date of such order, be deemed to be excluded for the purposes of the operating right and the holder of the operating right shall not undertake any operation in the area covered under such order from the date specified therein.

section 10. of the offshore areas mineral development and regulation act : 1 within six months from the date of commencement of this act, and subsequently at such times as may be considered necessary in this behalf by the administering authority, it shall, by notification in the official gazette, declare the parts of the offshore areas which shall be available for grant of reconnaissance permit, exploration licence or production lease. 2 any application for the grant of reconnaissance permit, exploration licence or production lease in respect of any area not covered by a notification issued under subsection 1 shall be deemed to be premature and no application shall be entertained therefor. 3 operating rights shall be granted in standard block of five minutes longitude by five minutes latitude and such grant may cover more than one standard block which shall be contiguous.

section 12. of the offshore areas mineral development and regulation act : 1 the administering authority may grant an exploration licence to any person who a is eligible under section 6 for grant of operating right b produces, to the satisfaction of the administering authority, evidence that such person possesses the requisite technical ability and financial resources to undertake exploration operation based on such scientific parameters, as may be prescribed c submits a work programme for the area applied for, prepared in such manner and supported by such data as may be prescribed, setting forth the activities proposed to be carried out during the period of the exploration licence including the intended exploration schedule and methods to be used, an estimated schedule of expenditure, measures to prevent pollution and protect the environment and to monitor the effectiveness of environmental safeguards subject to the modifications which the administering authority may make in such work programme d undertakes not to deviate from the work programme for exploration licence approved by the administering authority and e has fulfilled, to the satisfaction of administering authority, all his statutory obligations under any operating right previously i granted or ii transferred in the prescribed manner, to him. 2 the administering authority may, if there is any reasonable cause to believe that any person, to whom an exploration licence has been granted, has violated any undertaking given under clause d of subsection 1, terminate the exploration licence. 3 all applications for the grant of exploration licence received within the prescribed time and which satisfy the conditions specified in subsection 1 shall be considered together and while making a selection for the grant of exploration licence, the administering authority shall follow the procedure given below, namely: a where only one application is received in respect of an area, the administering authority may grant the exploration licence to the applicant b where two or more applications are received in respect of the same area or substantially the same area, the order of preference shall be as follows, namely: i preference shall be given to an applicant who requires the mineral for use in an industry either already owned by the applicant or who has taken sufficient steps to setup such industry: provided that where there are more than one application of such category, the administering authority may grant licence based on a comparative evaluation of the i nature, quality and experience of the technical personnel employed by the applicant ii financial resources of the applicant iii nature and quantum of the exploration work proposed by the applicant and iv nature, quality and quantum of data submitted along with the programme of exploration ii in case of other applicants, not covered under subclause i, the administering authority may grant licence based on a comparative evaluation of matters stated in items i to iv of the proviso to subclause i. 4 the period for which an exploration licence may be granted shall not exceed three years. 5 an exploration licence granted under subsection 1 may be renewed for a period not exceeding two years if, after a review, the administering authority is satisfied that the licensee has been conducting the exploration operation in accordance with the work programme approved by the administering authority regarding such licence and longer period of renewal of the licence is considered necessary to enable the licensee to complete exploration. 6 the area that may be granted under exploration licence shall not exceed a block of thirty minutes latitude by thirty minutes longitude: provided that if the administering authority is of the opinion that in the interest of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire an area in excess of the area specified in this subsection.

section 11. of the offshore areas mineral development and regulation act : 1 the administering authority may grant a nonexclusive reconnaissance permit to any person eligible under section 6 for grant of operating right. 2 the period for which a reconnaissance permit may be granted under subsection 1 shall be for a period specified in such permit which shall not exceed two years. 3 a reconnaissance permit granted under subsection 1 may be renewed for a period not exceeding two years if, after a review of the progress made during the period of such grant, the administering authority is satisfied that a further period is necessary to complete the reconnaissance operation. 4 the area that may be granted under one reconnaissance permit shall not exceed a block of two degree latitude by two degree longitude. 5 the administering authority may grant reconnaissance permits to more than one person in respect of the same area for the same mineral deposits in the interest of offshore mineral development.

section 13. of the offshore areas mineral development and regulation act : 1 the administering authority shall grant a production lease to any person who a is eligible under section 6 for grant of operating right b produces, to the satisfaction of the administering authority, evidence that such person possesses the requisite technical ability and financial resources to undertake production operation based on such scientific parameters as may be prescribed c submits a work programme for the systematic development of the mineral deposits of the area applied for, prepared in such manner and supported by such data as may be prescribed and obtained through exploration operation, setting forth the activities proposed to be carried out during the period of the lease including the resources assessment of the area, the intended schedule of commercial production, methods and technologies to be used for commercial production and processing, 8 measures to be taken to protect the environment and t o monitor the effectiveness of environmental safeguards d undertakes not to deviate from work programme for production lease approved by the administering authority and e has fulfilled, to the satisfaction of the administering authority, all the statutory obligations under any operating right previously i granted or ii transferred in the prescribed manner, to him: provided that a licensee shall have the exclusive right to a production lease over such part of the offshore area covered by his exploration licence as he may desire subject to the condition that the administering authority is satisfied that the licensee i has undertaken exploration operation to establish mineral resources in such offshore area ii has not committed any breach of the terms and conditions of the exploration licence and iii has not become ineligible under the provisions of this act. 2 the administering authority may, if there is any reasonable cause to believe that any person, to whom a production lease has been granted, has violated any undertaking given under clause d of subsection 1, terminate the production lease. 3 the period for which a production lease may be granted shall not exceed thirty years. 4 a production lease granted und er sub section 1 may be renewed for a period not exceeding twenty years, if, after a review, the administering authority is satisfied that the lessee has been conducting the production operation in accordance with the work programme approved by the administering authority regarding such lease. 5 the area under a production lease shall not exceed a block of fifteen minutes latitude by fifteen minutes longitude: provided that if the administering authority is of the opinion that in the interest of the development of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any person to acquire an area in excess of the area specified in this subsection.

section 18. of the offshore areas mineral development and regulation act : every lessee, whose production op eration extends beyond two hundred nautical miles from the baseline from which the breadth of the territorial sea is measured, shall pay in advance, in addition to other payments required under this act, to the central government, the amount to be paid to the international seabed authority towards fulfilment of obligation of the central government under article 82 of the united nations convention on law of the sea, .

section 14. of the offshore areas mineral development and regulation act : a holder of operating right shall commence operation within the period specified below after the grant of the operating right and shall thereafter conduct such operation in proper, skilful and workman like manner, as follows: a reconnaissance permit six months b exploration licence one year and c production lease two years.

section 16. of the offshore areas mineral development and regulation act : 1 a lessee shall pay royalty to the central government in respect of any mineral removed or consumed by him from the area covered under the production lease, at the rate for the time being specified in the first schedule in respect of that mineral. 2 the central government may, by notification in the official gazette, amend the first schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: provided that the central government shall not enhance the rate of royalty in respect of any mineral more than once during any period of three years.

section 17. of the offshore areas mineral development and regulation act : 1 a lessee shall pay to the central government, every year, fixed rent in respect of the area covered under the production lease, at the rate for the time being specified in the second schedule: provided that where the lessee becomes liable under section 16 to pay royalty for any mineral removed or consumed by him from the area covered under such lease, he shall be liable to pay either such royalty or the fixed rent in respect of that area, whichever is greater. 2 the central government may, by notificati on in the official gazette, amend the second schedule so as to enhance or reduce the rate at which fixed rent shall be payable in respect of any area covered under a production lease and such enhancement or reduction shall take effect from such date as may be specified in the notification: provided that the central government shall not enhance the rate of the fixed rent more than once during any period of three years.

section 15. of the offshore areas mineral development and regulation act : any person or agency authorised by notification in the official gazette, by the central government in this behalf, may conduct survey, research, diving operations and scientific investigations in the offshore areas, including any area covered under operating rights and the permittee, licensee or lessee, as the case may be, shall permit such person or agency to undertake the said investigations in their respective areas and to render such assistance as may be necessary for conduct of the investigations.

section 19. of the offshore areas mineral development and regulation act : 1 the permittee, licensee, lessee or any other person undertaking the reconnaissance operation or exploration operation or production operation under subsection 1 of section 5 or any agency undertaking the reconnaissance operation or exploration operation under the proviso to subsection 1 of the said section shall be responsible to ensure that the concerned operation is conducted with due regard to the safety and health of persons including divers and safety and security of property engaged in the operation. 2 the central government may, by notification in the official gazette, declare safety zones in respect of offshore activities as may be necessary and prescribe the norms for regulating the safety and health of persons and safety of property engaged in operations authorised under this act, the implementation thereof and matters connected therewith. 3 in the event of any contravention of provisions of subsection 1 or the norms prescribed under subsection 2 by the permittee, licensee, lessee or any other person undertaking the reconnaissance operation or exploration operation or production operation under subsection 1 of section 5, or any other agency undertaking the reconnaissance operation or exploration operation under the proviso to subsection 1 of the said section, shall also be deemed to be responsible for such contravention unless he or it proves that he or it, as the case may be, had taken all reasonable precautions within his or its means for enforcing those provisions, to prevent such contravention.

section 26. of the offshore areas mineral development and regulation act : no prosecution for an offence committed under t his act shall be instituted except with the previous sanction of the central government or such officer or authorit y as may be authorised by the ce ntral government, by order in writing in this behalf.

section 20. of the offshore areas mineral development and regulation act : 1 every holder of the operating rights shall carry out the operations authorised under this act subject to the provisions of this act and the rules made thereunder and any other law and the rules made thereunder, for the time being in force for the prevention and control of pollution and protection of marine environment. 2 every holder of an operating right shall be liable for any pollution of, or damage to, the marine environment resulting from his activities relating to his operating right in the offshore areas and shall pay such compensation, as may be determined by the administering authority keeping in view the extent of pollution or damage, as the case may be. 3 the central government may prescribe measures to be taken for prevention and control of pollution and protection of marine environment due to activities in the offshore areas.

section 21. of the offshore areas mineral development and regulation act : the permittee, licensee or lessee shall comply with such directions as the central government or the administering authority may issue, from time to time, for the conservation and systematic development of offshore minerals, prevention of pollution, protection of marine environment, prevention of coastal erosion or prevention of danger to life or property including the marine life. 2 the permittee, licensee or lessee shall comply with such directions as may be issued from time to time by the competent authority or coast guard regarding national security, safety and national integrity. explanation.competent authority means the competent authority appointed for the purposes of subsection 2 by the central government in the ministry dealing with defence of india.

section 22. of the offshore areas mineral development and regulation act : for the purpose of ascertaining the position of the working, actual or prospective, of any mine or abandoned mine, or for any other purpose connected with this act or the rules made thereunder, any officer authorised, by the central government in this behalf, by general or special order, may a enter and inspect, at all reasonable times, any mine b weigh, draw samples or take measurements of the stocks of minerals recovered from any mine c survey and take samples and measurements in any such mine d examine any document, book, register or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon and take extracts from, or make copies of, such document, book, register or record e order the production of any such document, book, register and record, by the person referred to in clause d and f examine any person having the control of, or connected with, any mine. 2 any authorised officer may, for the purpose of ascertaining whether or not the requirements of this act or any rule made thereunder have been complied with, either with, or where it is not possible to obtain warrant conveniently, then, without, a warrant, a search any mine b stop or board and search any vessel which is engaged or which is likely to be engaged in any activity regulated under this act and c require the person for the time being having command or charge of mine or such vessel to produce any licence, permit, log book or other document relating, to the vessel or mine and examine or take copies of such licence, permit, log book or other document, as the case may be, for ascertaining the requirements of subsection 1. 3 where the authorised officer has reason to believe that any vessel or mine has been, or is being, or is about to be, used or employed, as the case may be, in violation of any provision of this act or rule made thereunder, he may, with, or where it is not possible to obtain warrant conveniently, then, without, a warrant, a seize and detain such vessel or mine, including any gear, equipment, stores or cargo found on board such vessel or belonging to the vessel and seize any mineral found on board the vessel b seize any evidence relating to violation of any provision of this act or rule made thereunder c require the person for the time being having command or charge of the vessel, platform or erection of the mine so seized or detained to bring such vessel, platform or erection to any specified port d arrest any person whom such officer has reason to believe, has committed such violation: provided that the authorised officer, after arresting such person and before producing him before the competent court, shall inform the administering authority regarding the arrest and grounds of arrest communicated to the person so arrested. 4 in taking any action under subsection 3, the authorised officer may use such force as may be reasonably necessary. 5 where any vessel or other things are seized or detained, under subsection 3, a the vessel or other things so seized or detained shall, as soon as possible, be produced before the court competent to try an offence under this act and the court shall make such order as it may deem fit for the retention or custody of such vessel or things with the central government or any other authority pending the completion of any proceedings for the prosecution of any offence relating to such vessel or things, as the case may be, under this act or rules made thereunder: provided that the court may, on an application made by the owner or the person for the time being having command or charge of the vessel or mine, order the release of the vessel or other things so seized or detained, to the owner or the person for the tie being having command or charge of the vessel or mine, furnishing security in the form of cash or a bank guarantee for an amount which is not less than fifty per cent. of the value of the vessel or things so seized or detained b the administering authority shall be informed by the authorised officer of such seizure and the details thereof. 6 where, in pursuance of the commission of any offence under this act, any vessel is pursued beyond the limits of the offshore area, the powers conferred on an authorised officer by this section may be exercised beyond such limits in the circumstances and to the extent recognised by international law and state practice. 7 every person to whom an order or warrant is issued or given by virtue of the powers conferred by this section shall be legally bound to comply with such order or warrant. explanation.for the purposes of this section, i authorised officer means an officer of the central government notified as such in the official gazette, by the central government ii warrant means a warrant issued by the judicial magistrate or the metropolitan magistrate, as the case may be, within whose jurisdiction the place, where the warrant is to be executed, is situated.

section 24. of the offshore areas mineral development and regulation act : where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means anybody corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 30. of the offshore areas mineral development and regulation act : any offence punishable under this act may, either before or after the institution of the prosecution, be compounded by the administering authority or any other officer authorised by the central government with respect to that offence, on payment for credit to that government of such sum as that administering authority or officer, as the case may be, may specify: provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this act for the offence so compounded. 2 where an offence is compounded under subsection 1, no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded and the offender, if in custody, shall be released forthwith.

section 23. of the offshore areas mineral development and regulation act : 1 a whoever undertakes any reconnaissance operation, exploration operation or production operation in offshore area without any permit, licence or lease, as the case may be, granted under this act shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both. b a permittee, licensee or lessee who does not furnish any data, information or document under subsection 2 of section 5, in the manner provided therein, shall be punished with imprisonment which may extend to three years, or with fine which may extend to twentyfive thousand rupees, or with both. c any vessel, together with its gear, boats, stores and cargo, used or employed in violation of section 5, along with any mineral recovered or processed in violation of that section, if any, shall be confiscated. d whoever ships, transports, offers for sale, sells, purchases, imports, exports, or has custody, control or possession of, any mineral recovered, processed or retained in violation of this act or any rule made thereunder shall be punished with imprisonment which may extend to three years, or with fine which may extend to three years, or with fine which may extend to fifty lakh rupees, or with both. 2 whoever a intentionally obstructs any authorised officer referred to in section 22 in the exercise of any powers conferred under this act or b fails to afford reasonable facilities to the authorised officer referred to in section 22 or his assistant to board the vessel or enter the mine or to provide for adequate security to such officer or assistant at the time of entry into the vessel or mine or when they are on board such vessel or mine or c fails to stop the vessel or mine or to produce the licence, permit, log book or any other document, as the case may be, on board such vessel, or mine, when required to do so by the authorised officer referred to in section 22 or d interferes with, delays, or prevents, by any means, the lawful apprehension of any person under this act, shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both. 3 whoever contravenes any other provision of this act or rules made thereunder, other than those specified in subsections 1 and 2 shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to one crore rupees, or with both, and in the case of continuing contravention, with an additional fine which may extend to five lakh rupees for every day during which such contravention continues.

section 25. of the offshore areas mineral development and regulation act : notwithstanding anything contained in other law for the time being in force, any person committing an offence under this act or any rule made thereunder or under any of the enactment extended under this act or under the rules made the reunder shall be tried for the offence in such place as the central government may, by general or special order published in the official gazette, direct in this behalf.

section 29. of the offshore areas mineral development and regulation act : the central government may, by notification in the official gazette, a extend with such restrictions and modifications as it thinks fit, any enactment for the time being in force in india or any part thereof to the offshore area or any part thereof and b make such provisions as it may consider necessary for facilitating the enforcement of such enactment, and any enactment so extended shall have effect as if the offshore area or the part thereof, as the case may be, is a part of the territory of india.

section 31. of the offshore areas mineral development and regulation act : any licence fee, royalty, fixed rent or other sum due to the central government under this act or rules made thereunder or under the terms and conditions of a reconnaissance permit, exploration licence or production lease may, on a certificate issued by the administering authority, be recovered in the same manner as if it were an arrear of land revenue and every such sum together with the interest due thereon, shall be the first charge on the assets of the permittee, licensee or lessee, as the case may be.

section 27. of the offshore areas mineral development and regulation act : notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act shall be triable by the court of session.

section 32. of the offshore areas mineral development and regulation act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act or any rule made thereunder may, in relation to such matter and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to that government as may be specified in the notification.

section 28. of the offshore areas mineral development and regulation act : a person to whom a permit, licence or lease is granted under this act, a contravenes the general terms and conditions imposed by the rules made under this act shall be liable to pay to the central government an amount which shall not be less than five lakh rupees and which may extend to one crore rupees b contravenes any particular terms and conditions applicable only in case of such permittee, licensee or lessee as the case may be, shall also be liable, apart from the liability under clause a, to pay additional amount to the central government which shall not be less than one lakh rupees and which may extend to ten lakh rupees. 2 no court or other authority except the authorised officer designated by the central government for this purpose, shall have jurisdiction to hear and decide the cases relating to clauses a and b of subsection 1. 3 an officer of the central government who has been authorised by that government to file an application before the authorised officer designated under subsection 2, shall file an application against licensee, lessee or permittee, as the case may be, indicating the civil wrong committed by him under clause a or clause b of subsection 1 in such manner as may be prescribed. 4 when an application is filed under subsection 3, before an authorised officer designated under subsection 2, he shall serve notice along with the copy of such application to the person, against whom the application is made, to provide him an opportunity to file reply to the application in the prescribed manner and the authorised officer shall dispose of the case after considering the evidence produced either in support or in opposition to the application and after providing the opportunity of hearing. 5 for the purposes of this section, the authorised officer designated under subsection 2, shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions and f any other matter which may be prescribed.

section 33. of the offshore areas mineral development and regulation act : no suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this act or any rule made thereunder.

section 38. of the offshore areas mineral development and regulation act : 1 if any difficulty arises in giving effect to the provisions of this act, or of any of the enactments extended under section 29, the central gover nment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act or, as the case may be, of such enactment, as may appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section, a in the case of any difficulty arising in giving effect to any provision of this act, after the expiry of three years from the commencement of such provision b in the case of any difficulty arising in giving effect to the provisions of any enactment extended under section 29, after the expiry of three years from the extensi on of such enactment. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 34. of the offshore areas mineral development and regulation act : subject to the provisions of subsection 2, any person aggrieved by an order made by the administering authority or any officer under this act or the rules made thereunder may prefer an appeal against such order to the central government. 2 every such appeal shall be preferred within prescribed period from the date on which the impugned order was made: provided that the central government may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within such prescribed period, permit the appellant to prefer the appeal within a further period as may be prescribed. 3 on receipt of any such appeal, the central government shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the order appealed against, or may send back the case with such direction as it may think fit for a fresh order after taking additional evidence, if necessary.

section 35. of the offshore areas mineral development and regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the terms and conditions of a reconnaissance permit, exploration licence or production lease under subsection 1 of section 5 b conditions for grant of operating right under clause b of section 6 c substances to be prescribed under proviso to section 6 d the requisite technical ability and financial resources to undertake exploration operation on scientific parameters under clause b of subsection 1 of section 12 e the manner in which a work programme shall be prepared and the data by which the work programme shall be supported under clause c of subsection 1 of section 12 f the manner of transfer referred to in subclause ii of clause e of subsection 1 of section 12 g the time within which the applications under subsection 3 of section 12 are to be received h the requisite technical ability and financial resources to undertake production operation on scientific parameters under clause b of subsection 1 of section 13 i the manner in which a work programme shall be prepared and the data by which the work programme shall be supported under clause c of subsection 1 of section 13 j the manner of transfer referred to in subclause ii of clause e of subsection 1 of section 13 k norms for regulating the safety and health of persons and safety of property engaged in operations authorised under this act, the implementation thereof and matters connected therewith under subsection 2 of section 19 l the measures to be taken for prevention and control of pollution and protection of marine environment due to activities in the offshore areas under subsection 3 of section 20 m the manner of filing application under subsection 3 of section 28 n the manner of filing reply under subsection 4 of section 28 o any other matter under clause f of subsection 5 of section 28 p the period within which appeal shall be preferred under, and the further period which may be permitted under the proviso to, subsection 2 of section 34 q any other matter which is to be, or may be, prescribed under this act. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 37. of the offshore areas mineral development and regulation act : the administering authority or any other officer shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of the indian penal code 45 of .

section 36. of the offshore areas mineral development and regulation act : notwithstanding anything to the contrary contained in this act or any rule made thereunder, the central government may, if it is of the opinion that in the interests of the offshore mineral development, it is necessary so to do, by order and for reasons to be recorded in writing, authorise in any specific case the grant, renewal or transfer of any operating right to any person on such terms and conditions as it may specify in this behalf in such order.

section 8. of the bengal agra and assam civil courts act : 1 when the business pending before any district judge requires the aid of additional judges for its speedy disposal, the state government may, 1having consulted the high court 2, appoint such additional judges as may be requisite. 2 additional judges so appointed shall discharge any of the functions of a district judge which the disrict judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the district judge. 1. subs., ibid., for upon the recommendation of. 2. the words and with the previous sanction of the g. g. in c. rep. by act 16 of , s. 3.

section 9. of the bengal agra and assam civil courts act : subject to the superintendence of the high court, the district judge shall have administrative control over all the civil courts under this act within the local limits of his jurisdiction.

section 1. of the bengal agra and assam civil courts act : show related subordinates 1 this act may be called the bengal, 1agra and assam civil courts act, . 2 it extends to the territories 2which were on the 11th march, , respectively administered by the lieutenantgovernor of bengal, the lieutenantgovernor of the northwestern provinces and the chief commissioner of assam, except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the high courts 3 and 3 it shall come into force on the first day of july, . 1. subs. by act 16 of , s. 2, for northwestern provinces. 2 subs. by the a.o. , for for the time being. 3. the words and except the jhansi division rep. by act 20 of , s. 9. notifications yeardescriptionfiles the bengal, agra assam civil court act, the bengal, agra assam civil court act,

section 10. of the bengal agra and assam civil courts act : 1 in the event of the death, resignation or removal of the district judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his court is held, the additional judge, or, if an additional judge is not present at that place, the senior subordinate judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the district judge, and that continue in charge thereof until the office is resumed by the district judge or assumed by an officer appointed thereto. 2 while in charge of the office of the district judge, the additional judge or subordinate judge, as the case may be, may, subject to any rules which the high court may make in this behalf, exercise any of the powers of the district judge.

section 7. . of the bengal agra and assam civil courts act : vacancies among munsifs. rep.by the a. o. .

section 2. of the bengal agra and assam civil courts act : 1 2 2 all courts constituted, appointments, nominations, rules and orders made, jurisdiction and powers conferred and lists published under the bengal civil courts act, 6 of 3 , or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this act and 3 any enactment or document referring to the bengal civil courts act, 6 of 7 , or to any enactment thereby repealed, shall be construed to refer to this act or to the corresponding portion thereof. 1. subsection 1 rep. by act 12 of , s. 2 and the first schedule. 2. the word but rep. s. 2 and the first schedule, ibid. 3. act 6 of was rep. by s. 2 of this act.

section 4. of the bengal agra and assam civil courts act : 1 4. number of district judges, subordinate judges and munsifs.the state government may alter the number of district judges, subordinate judges and munsifs now fixed. 1. subs. by 38 of , s. 2 and the first schedule, for section 4.

section 3. of the bengal agra and assam civil courts act : there shall be the following classes of civil courts under this act, namely: 1 the court of the district judge 2 the court of the additional judge 3 the court of the subordinate judge and 4 the court of the munsif. state amendment bihar amendment in section3 of the bengal, agra and assam civil courts act, act 12 of . in bengal, agra and assam civil courts act act, 12 of herein after referred to as the said act in clause3 of section3 for the words subordinate judge words and bracket civil judge senior division and in clause 4 for the words munsif the words and bracket civil judge junior division shall be substituted vide bihar act 14 of , s. 2

section 5. . of the bengal agra and assam civil courts act : number of munsifs. rep. by the decentralization act, 4 of , s. 2 and the schedule, part i.

section 6. of the bengal agra and assam civil courts act : 1 whenever the office of district judge or subordinate judge is vacant by reason of the death, resignation or removal of the judge or other cause, or whenever 1an increase in the number of district or subordinate judges has been made under the provisions of section 4, the 2state government or, as the case may be, the high court may fill up the vacancy or appoint the additional district judges or subordinate judges 3. 2 nothing in this section shall be construed to prevent a state government from appointing a district judge or subordinate judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such district judge or subordinate judge, all or any of the functions of another district judge or subordinate judge, as the case may be. uttar pradesh amendment of section 6 of act xii of .in section 6 of the bengal, agra and assam civil court act, , herein after in this chapter referred to as the principal act, in sub section 2, for the words state government the words high court shall be substituted. vide uttar pradesh act 17 of , s. 2 1. subs. by s. 2 and the first schedule, ibid., for the g.g. in c. has sanctioned an increase of the number of district judges or subordinate judges. 2. subs. by the a. o. , for dqtsl. g.. 3. the words as the case may be rep. by ibid.

section 11. of the bengal agra and assam civil courts act : 1 in the event of the death, resignation or removal of a subordinate judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his court is held, the district judge may transfer all or any of the proceedings pending in the court of the subordinate judge either to his own court or to any court under his administrative control competent to dispose of them. 2 proceedings transferred under subsection 1 shall be disposed of as if they had been instituted in the court to which they are so transferred: 3 provided that the district judge may retransfer to the court of the subordinate judge or his successor any proceedings transferred under subsection 1 to his own or any other court. 4 for the purposes of proceedings which are not pending in the court of the subordinate judge on the occurrence of an event referred to in subsection 1, and with respect to which that court has exclusive jurisdiction, the district judge may exercise all or any of the jurisdiction of that court.

section 18. of the bengal agra and assam civil courts act : save as otherwise provided by any enactment for the time being in force, the jurisdiction of a district judge or subordinate judge extends, subject to the provisions of section 15 of the code of civil procedure1 14 of , to all original suits for the time being cognizable by civil courts. state amendment assam amendment of section 18 and 39. in section 18 of the said act, after the words code of civil procedure, the figures shall be inserted. vide assam act 6 of , s. 4 bihar amendment of section 18 of act xii of . in section 18 of the said act, after the words code of civil procedure, the figures shall be inserted. vide bihar act 12 of , s. 3 1. in bengal and assam, the figures , have been ins. at this place by bengal act 19 of and assam act 6 of , respectively. in agra, bihar and orissa. also, the reference to the old enactment should be construed in the same way: see the code of civil procedure, act 5 of , s. 158.

section 12. . of the bengal agra and assam civil courts act : temporary charge of office of munsif. rep. by the a.o. . state amendment uttar pradesh amendment of act no. 12 of . in the bengal, agra and assam civil courts act, hereinafter referred to as the principal act, a in section 3, 4, 6, 10, 11, 13, 18, 21, 22, 23, 24 and 25, for the words civil judge and civil judges wherever occurring, the words civil judge senior division and civiljudges senior division shall respectively be substituted b in sections 3, 4, 13, 19, 21, 22, 23, 24 and 25, for the words munsif an munsifs wherever occurring, the words civil judge junior division and civil judges junior division shall respectively be substituted c for the existing marginal headings to the sections shown in column i of the table below, the marginal headings as shown in column ii thereof shall be substituted, namely : section marginal headings as hereby substituted 4 number of district judges civil judges senior division and civil judges junior division 6 vacancies among district or civil judge seniordivision 11 transfer of proceedings on vacation of office of civiljudge senior division 18 extent of original jurisdiction of district or civil judge senior division 19 extent of jurisdiction of civil judge junior division 21 appeals from civil judges senior division and civil judges junior division 22 power to transfer to civil judges senior divisionappeal from civil judges junior division 23 exercise by civil judge senior division or civil judge junior division of jurisdiction of district court in certain proceedings. 25 power to invest civil judges senior division and civil judges junior division with small cause court jurisdiction. vide uttar pradesh act 25 of , s. 2 bihar amendment of section 12 of . in the said act, the word subordinate judge and the word munsif wherever used shall be substituted by the words and bracket civil judge senior division and civil judge junior division respectively. vide bihar act 14 of , s. 3

section 19. of the bengal agra and assam civil courts act : show related subordinates 119.extent of jurisdiction of munsif.1 save as aforesaid, and subject to the provisions of subsection 2, the jurisdiction of a munsif extends to all like suits of which the value does not exceed one thousand rupees. 2 the state government may, on the recommendation of the high court, direct, by notification in the official gazette, with respect to any munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupe es as may be specified in the notification: 2provided that the state government may, by notification in the official gazette, delegate to the high court its powers under this section. state amendments assam amendment of section 19. in subsection 2 of section 19 of the said act, for the words beginning with that his jurisdiction and ending with in the notification the following shall be substituted, namely: a that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification, or b that so long as he holds court at a place where the court of a subordinate judge is held his jurisdiction shall extend to all like suits of such value not exceeding three thousand rupees as may be so specified. vide assam act 6 of , s. 5 amendment of section 19. in the principal act, in section 19 i in subsection 1, for the words seven thousand rupees , the words fifty thousand rupees shall be substituted. ii in subsection 2, for the words twenty five thousand rupees the words two lakhs rupees shall be substituted. vide assam act 44 of , s. 2 amendment of section 19. in section 19 of the principal act, 1 in subsection 1, for the words one thousand rupees at the end the words three thousand rupees shall be substituted: 2 for subsection 2 the following shall be substituted, namely: 2 the state government may, on the recommendation of the high court, direct, by notification in the official gazette with respect to any munsif named therein that his jurisdiction shall extend to all like suits of such value not exceeding five thousand rupees as may be specified in the notification: provided that the state government may, by notification in the official gazette, delegate to the high court its powers under this section. vide assam 9 of , s. 2 amendment of section 19.1 in section 19 of the principal act, in subsection 1, for the words three thousand rupees the words seven thousand rupees shall be substituted. 2 in section 19 of the principal act, in subsection 2 for the words ten thousand rupees the words twentyfive thousand rupees shall be substituted. vide assam act 7 of , s. 2 uttarakhand amendment of subsection 2 of section 19.in subsection 2 of section 19 of the bengal, agra and assam civil courts act, 2 words one lac for the words twenty five thousand shall be substituted. vide uttaranchal act 20 of , s. 2 uttar pradesh amendment of section 19 of act 12 of .for section 19 of the bengal, agra and assam civil courts act, , hereinafter in this chapter referred to as the principal act, the following section shall be substituted, namely: 19 1 save as aforesaid, and subject to the provisions of subsection 2, the jurisdiction of a munsif extends to all like suits of which the value dose not exceed five thousand rupees. 2 the state government may, on the recommendation of the high court, direct by notification in the official gazette, with respect to any munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding ten thousand rupees as may be specified in the notification: provided that the state government may, the notification in the official gazette, delegate to the high court its powers under this section. vide uttar pradesh act 57 of , s. 27 amendment of section 19.in section 19 of the principal act, ain subsection 1, for the words five thousand rupees the words ten thousand rupees shall be substituted bfor subsection 2, the following subsection shall be substituted namely: 2 the high court may direct by notification in the official gazette, with respect to any music named therein, that his jurisdiction shall extend to all like suits of such value not exceeding twenty five thousand rupees as may be specified in the notification. vide uttar pradesh act 17 of , s. 3 amendment of section 19 of act no. xii of . in section 19 of the bengal, agra and assam civil court act, hereinafter in this chapter referred to as the principal act, a in subsection 1 for the words ten thousand rupees the words one lakh rupees shall be substituted b in subsection 2 for the words twenty five thousand rupees the words five lakh rupees shall be substituted. vide uttar pradesh act 14 of , s. 2 bihar amendment of section 19 of act 12 of . in section 19 of the bengal, agra and assam civil courts act, act 12 of hereinafter referred to as the said act. i in subsection 1 for the words two thousand the words twenty thousand shall be substituted ii in subsection 2 for the words five thousand the words thirty thousand shall be substituted. vide bihar act 19 of , s. 2 amendment of section 19 of the act, 12 of . in the said act in section19 the words the jurisdiction of munsif extends to all like suits of which the value does not exceed thirty thousand rupees shall be substituted by the words, numbers and bracket the jurisdiction of civil judge junior division extends to all like suits of which the value does not exceed rupees 1,50,000/one lac fifty thousand rupees. vide bihar act 14 of , s. 4 amendment of section 19 of act xii of . in section 19 of the said act, i in subsection 1, for the words one thousand, the words two thousand shall be substituted and ii in subsection 2, for the words four thousand, the words five thousand shall be substituted. vide bihar act 12 of , s. 5 1. s. 19 does not apply to honorary munsifs and benches, in the u. p.: see the u. p. honorary munsifs act, u.p. 2 of , s. 13. this section has been diversely amended in bengal, bihar and orissa, agra and assam by ben. act 19 of , s. 5, b. o. act 4 of , s. 2, u.p. act 5 of , ss. 2 and 3, and assam act 6 of , s. 5, respectively. 2. ins. by act 4 of , s. 2 and the schedule, part i.

section 20. of the bengal agra and assam civil courts act : 1 save as otherwise provided by any enactment for the time being in force, an appeal from a decree or orderof a district judge or additional judge shall lie to the high court. 2 an appeal shall not lie to the high court from a decree or order of an additional judge in any case in which, if the decree or order had been made by the district judge, an appeal would not lie to that court.

section 14. of the bengal agra and assam civil courts act : 1 the state government may, by notification in the official gazette, fix and alter the place or places at which any civil court under this act is to be held. 2 all places at which any such courts are now held shall be deemed to have been fixed under this section.

section 13. of the bengal agra and assam civil courts act : 1 the state government may, by notification in the official gazette, fix and alter the local limits of the jurisdiction of any civil court under this act. 2 if the same local jurisdiction is assigned to two or more subordinate judges or to two or more munsifs, the district judge may assign to each of them such civil business cognizable by the subordinate judge or munsif, as the case may be, as, subject to any general or special orders of the high court, he thinks fit. 3 when civil business arising in any local area is assigned by the district judge under subsection 2 to one of two or more subordinate judges, or to one of two or more munsifs, a decree or order passed by the subordinate judge or munsif shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the state government under subsection 1. 4 a judge of a court of small causes appointed to be also a subordinate judge or munsif is a subordinate judge or munsif, as the case may be, within the meaning of this section. 5 the present local limits of the jurisdiction of every civil court under this act shall be deemed to have been fixed under this section.

section 15. of the bengal agra and assam civil courts act : 1 subject to such orders as may be made 1 2 by the state government 3 the high court shall prepare a list of days to be observed in each year as close holidays in the civil courts. 2 the list shall be published in the official gazette. 3 a judicial act done by a civil court on a day specified in the list shall not be invalid by reason only of its having been done on that day. 1. the words by the g.g. in c., in the case of the high court at calcutta, and rep. by the a.o. . 2. ins. by act 38 of , s. 2 and the first schedule. 3. the words in other cases rep. by the a.o. .

section 16. of the bengal agra and assam civil courts act : every civil court under this act shall use a seal of such form and dimensions as are prescribed by the state government.

section 17. of the bengal agra and assam civil courts act : 1 where any civil court under this act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that court had not ceased to have jurisdiction, might have been had therein may be had in the court to which the business of the former court has been transferred. 2 nothing in this section applies to cases for which provision is made in section 623 o r section 649 of the code of civil procedure1 14 of or in any other enactment for the time being in force. state amendment assam amendment of section 17. in subsection 2 of section 17 of the said act, for the words and figures in section 623 or section 649 of the code of civil procedure the words and figures in sections 36, 37 and 114 of, and rule 1 of order xlvii in schedule i to the code of civil procedure, shall be substituted. vide assam act 6 of , s. 3 bihar amendment of section 17 of act xii of . in subsection 2 of section 17 of the bengal, agra and assam civil courts act, xii of hereinafter referred to as the said act, for the words and figures in section 623 or section 649 of the code of civil procedure the words and figures in sections 36, 37 and 114 of, and rule 1 of order xlvii in schedule i to the code of civil procedure, shall be substituted. vide bihar act 12 of , s. 2 1. in bengal and assam, for the words and figures in s. 623 or s. 649 of the code of civil procedure the words and figures in ss. 36, 37 and 114 of, and rule 1 of order xlvii in sch. i to, the code of civil procedure, , have been subs. by bengal act 19 of and assam act 6 of , respectively. in agra, bihar and orissa, also, the reference to the old enactment should be construed in the same way: see the code of civil procedure, act 5 of , s. 158.

section 22. of the bengal agra and assam civil courts act : 1 a district judge may transfer to any subordinate judge under his administrative control any appeals pending before him from the decrees or orders of munsifs. 2 the district judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a court under his administrative control competent to dispose of it. 3 appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the district judge.

section 21. of the bengal agra and assam civil courts act : 1 save as aforesaid, an appeal from a decree or order of a subordinate judge shall lie a to the district judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees, and b to the high court in any other case. 2 save as aforesaid, an appeal from a decree or order of a munsif shall lie to the district judge. 3 where the function of receiving any appeals which lie to the district judge under subsection 1 or subsection 2 has been assigned to an additional judge, the appeals may bepreferred to the additional judge. 4 the high court may, with the previous sanction of the state government, direct, by notification in the official gazette, that appeals lying to the district judge under subsection 2 from all or any of the decrees or orders of any munsif shall be preferred to the court of such subordinate judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly. state amendment assam amendment of section 21.in the principal act, in section 21, in subsection 1, in clause a, for the words fifty thousand rupees the words five lakh rupees shall be substituted. a to the district judge where the value of the original suit in which or in any proceeding arising out of which, the decree or order was made, whether instituted or commenced or decided before or after the commencement of the uttar pradesh civil laws amendment act, , was less than twenty thousand rupees and b to the high court, in any other case. ia an appeal from a decree or order of civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twentythousand rupees instituted in the high court before the date of commencement of the uttar pradesh civil laws amendment act, , and pending in the high court immediately before the said date, not being an appeal in which arguments have been concluded before the said date and only judgment disposing of the appeal remains to be pronounced, shall stand transferred to the district judge having jurisdiction who may either decide it himself or assign it to any additional judge subordinate to him. ib the period of limitation prescribed for filing an appeal from a decree or order of a civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees and the decree or order was made before december 2, , shall, notwithstanding anything in the limitation act, , be deemed to be and always to have been the same as if the appeal continued to lie to the high court. b to the high court, in any other case. ia an appeal from a decree or order of civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twentythousand rupees instituted in the high court before the date of commencement of the uttar pradesh civil laws amendment act, , and pending in the high court immediately before the said date, not being an appeal in which arguments have been concluded before the said date and only judgment disposing of the appeal remains to be pronounced, shall stand transferred to the district judge having jurisdiction who may either decide it himself or assign it to any additional judge subordinate to him. ib the period of limitation prescribed for filing an appeal from a decree or order of a civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees and the decree or order was made before december 2, , shall, notwithstanding anything in the limitation act, , be deemed to be and always to have been the same as if the appeal continued to lie to the high court. vide assam act 44 of , s. 3 amendment of section 21.in section 21 of the principal act, in clause a of subsection 1, for the words five thousand rupees the words seven thousand rupees shall be substituted. vide assam act 9 of , s. 3 amendment of section 21.in section 21 of the principal act, in subsection 1, in clause a, for the words twenty thousand rupees, the words fifty thousand rupees shall be substituted. vide assam act 7 of , s. 3 uttar pradesh amendment of section 21 of act xii of .in section 21 of the bengal, agra and assam civil courts act, , as amended in its application to uttar pradesh hereinafter referred to as the bengal, agra and assam civil courts act, for subsection 1, the following subsection shall be substituted, namely : 1 save as aforesaid, an appeal from a decree or order of a civil judge shall lie a to the district judge where the value of the original suit in which or in any proceeding arising out of which, the decree or order was made, whether instituted or commenced or decided before or after the commencement of the uttar pradesh civil laws amendment act, , was less than twenty thousand rupees and b to the high court, in any other case. ia an appeal from a decree or order of a civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees instituted in the high court before the date of commencement of the uttar pradesh civil laws amendment act, and pending in the high court immediately before the said date, not being an appeal in which arguments have been concluded before the said date and only judgement disposing of the appeal remains to be pronounced, shall stand transferred to the district judge having jurisdiction who may either decide it himself or assign it to any additional judge subordinate to him. ib the period of limitation prescribed for filing an appeal from a decree or order of a civil judge where the value of the original suit in which, or in any proceeding arising out of which, the decree or order was made exceeded ten thousand rupees but was less than twenty thousand rupees and the decree or order was made before december 2, , shall notwithstanding anything in the limitation act, , be deemed to be and always to have been the same as if the appeal continued to lie to the high court. vide uttar pradesh act 14 of , s. 4 uttar pradesh amendment of section 21in section 21 of the principal act, a for subsections 1, 1a and 1b, the following subsections shall be substituted, namely : 1 save as aforesaid an appeal from a decree or order of a civil judge shall lie, a to the high court in any case other than a case referred to in clause b b to the district judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made either instituted or commenced before or after the relevant date did not exceed one lakh rupees or such higher amount not exceeding five lakh rupees as the high court may fix from time to time by notification in the official gazette. explanation for the purposes of this subsection and subsection 1a and 1b relevant date means the date of commencement of the uttar pradesh civil laws amendment act, or, as the case may be, the date of commencement of notification made under clause b of subsection 1. 1a an appeal, from a decree or order of a civil judge where the value of the original suit in which, or in any proceeding arising out of which the decree or order was made was not more than amount fixed by or under clause b of subsection 1 instituted in high court and pending in the high court immediately before the relevant date, shall stand transferred to the district judge having jurisdiction who may either decide it himself or assign it to any additional judge subordinate to him : provided that any judgment, decree or order passed in such an appeal by the high court after the relevant date shall be valid as if the high court had withdrawn the appeal under section 24 of the code of civil procedure, . 1b the period of limitation prescribed for filing an appeal from a decree or order of a civil judge made before the relevant date, which lay to the high court immediately before such date but lies to the district judge under subsection 1 shall not withstanding anything to the contrary contained in the limitation act, , be deemed to be and always to have been the same as if the appeal continued to lieto the high court. b in subsection 4, the words with the previous sanction of the state government, shall be omitted. vide uttar pradesh act 17 of , s. 4 amendment of section 21.in section 21 of the principal act, in subsection 1, in clause b, a for the words one lakh rupees the words five lakh rupees shall be substituted and b for the words five lakh rupees the words twentyfive lakh rupees shall be substituted. videuttar pradesh act 14 of , s. 3 bihar amendment of section 21 of act xii of .in clause a of subsection 1 of section 21 of the bengal, agra assam civil courts act, xii of , for the words did not exceed five thousand rupees, the word was less than ten thousand rupees shall be substituted. vide bihar act , s. 2 amendment of section 21 of act 12 of .in the bengal, agra and assam civil courts act, act 12 of clause a of subsection 1 of section 21 for the words sixty thousand the words two lakhs shall be substituted. vide bihar act 19 of , s. 2 amendment in section 21 of the act, 12 of .in the said act in clause a of subsection 1 of section21 the words two lacs rupees shall be substituted by the number, bracket and words rupees 10,000/rupees ten lacs vide bihar act 14 of , s. 5 amendment in section 21 of act 12 of .in section a of subsection 1 of section 21 of the said act of the words ten thousand the words sixty thousand shall be substituted. vide bihar act 19 of , s. 3

section 23. of the bengal agra and assam civil courts act : 123. exercise by subordinate judge or munsif of jurisdiction of district court in certain proceedings.1 the high court may, by general or special order, authorize any subordinate judge or munsif to take cognizance of, or any district judge to transfer to a subordinate judge or munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order. 2 the proceedings referred to in subsection 1 are the following, namely: a proceedings under bengal regulation 5, to limit the interference of the zillah and city courts of dewanny adawlut in the execution of wills and administration to the estates of persons dying intestate 2 3 d proceedings under the indian succession act, 10 of ,4 and the probate and administration act, 5 of 4 which cannot be disposed of by district delegates and e references by collectors under section 322c of the code of civil procedure 14 of 5. 3 the district judge may withdraw any such proceedings taken cognizance of by, or transferred to, a subordinate judge or munsif, and may either himself dispose of them or transfer them to a court under his administrative control competent to dispose of them. state amendment assam amendment of section 23. in subsection 2 of section 23 of the said act, 1 in clause d for the words and figures the indian succession act, , and the probate and administration act, , the words and figures the indian succession act, , shall be substituted and 2 in clause e, for the word and figures section 322c, the words paragraph 5 of the third scheduled shall be substituted and after the words code of civil procedure the figure shall be added. vide assam act 6 of , s. 6 bihar amendment of section 23 of act xii of . in subsection 2 section 23 of the said act, i in clause d, for the words and figures the indian succession act, , and the probate and administration act, . the words and figures the indian succession act, shall be substituted and ii clause e shall be omitted. vide bihar act 12 of , s. 5 1. s. 23 does not apply to honorary munsifs and benches in the u. p.: see the u.p. honorary munsifs act, u.p. 2 of , s. 13. 2. clause b relating to proceedings under act 40 of or act 9 of rep. by act 8 of , s. 2 and sch. 3. clause c relating to applications for certificates under act 27 of was rep. by act 7 of . 4. see now the indian succession act, 39 of . in bengal and assam, this cl. has been formally amended by ben. act 19 of and assani act 6 of , respectively. 5. see now the code of civil procedure, act 5 of , sch. iii. this cl. has been omitted in bengal by ben. act 19 of and formally amended in assam by assam act 6 of .

section 30.. of the bengal agra and assam civil courts act : appointment and removal of ministerial officers of district courts.. rep., ibid.

section 24. of the bengal agra and assam civil courts act : 11 proceedings taken cognizance of by, or transferred to, a subordinate judge or munsif, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the district judge: provided that an appeal from an order of the munsif in any such proceedings shall lie to the district judge. 2 an appeal from the order of the district judge on the appeal from the order of a munsif under this section shall lie to the high court if a further appeal from the order of the district judge is allowed by the law for the time being in force. 1. ss. 24 and 25 do not apply to honorary munsifs and benches in the u.p. see the u.p. honorary munsifs act, u.p. 2 of , s. 13.

section 31.. of the bengal agra and assam civil courts act : appointment and removal of ministerial officers of other courts. rep., ibid.

section 32.. of the bengal agra and assam civil courts act : appointment and removal of ministerial officers on joint establishments. rep., ibid.

section 27.. of the bengal agra and assam civil courts act : suspension of subordinate judge by high court. rep., ibid.

section 26.. of the bengal agra and assam civil courts act : suspension or removal of judges by local government. rep., ibid.

section 25. of the bengal agra and assam civil courts act : 125. power to invest subordinate judges and munsifs with small cause court jurisdiction.the state government may, by notification in the official gazette, confer, within such local limits as it thinks fit, upon any subordinate judge or munsif the jurisdiction of a judge of a court of small causes under the provinicial small cause courts act, 9 of for the trial of suits, cognizable by such courts, up to such value not exceeding five hundred2 rupees in the case of a subordinate judge or 3two hundred and fifty4 rupees in the case of a munsif as it thinks fit, and may withdraw any jurisdiction so conferred: 4provided that the state government may, by notification in the official gazette, delegate to the high court its powers under this section. state amendment assam amendment of section 25. in section 25 of the said act, for the words five hundred rupees, the words dbqrsseven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted. vide assam act 6 of , s. 7 uttar pradesh amendment of section 25.for section 25 of the bengal, agra and assam civil courts act, the following section shall be substituted, namely: 25. the state government may, by notification in the gazette, confer within such local limits as it thinks fit, upon any civil judge or munsif the jurisdiction of a judge of a court of small causes under the provincial small causes courts act, , for the trial of suits cognizable by such coutts, upto such value not exceeding one thousand rupees in the case of a civil judge or five hundred rupee in the case of a munsif as it thinks fit, and may withdraw any jurisdiction so conferred: provided that the state government may, by notification in the gazette delegate to the high court its powers under the section. vide uttar pradesh act 14 of , s. 5 amendment of section 25 of act xii of section 25 of the bengal, agra and assam civil courts act, , as amended in its application to uttar pradesh shall be renumbered as subsection 1 thereof, and i in subsection 1, as so renumbered, for the existing proviso, the following proviso shall be substituted, namely : provided that in relation to suits of the nature referred to in the proviso to subsection 3 of section 15 of the said act the references in this subsection to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees. ii after subsection 1 as so renumbered, the following subsection shall be inserted, namely : 2 the state government may by notification in the official gazette, confer upon any district judge or additional district judge he jurisdiction of a judge of a court of small causes under the provincial small cause courts act, , for the trial of all suits irrespective of their value, by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred. explanation. for the purposes of this subsection, the expression building has the same meaning as in article 4 in the second schedule to the said act. 3 the state government may by notification in the official gazette delegate to the high court its powers under this section. vide uttar pradesh act 37 of , s. 5 amendment of section 25 in section 25 of the principal act, in subsection 1 as amended from time to time in its application to uttar pradesh, a for the words one thousand rupees and five hundred rupees the words two thousand rupees and one thousand rupees shall respectively he substituted b for the proviso, as substituted by the uttar pradesh civil laws amendment act, , the following proviso shall be substituted, namely : provided that in relation to suits of the nature referred to in the proviso to subsection 3 of section 15 of the said act the reference in this subsection to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees. vide uttar pradesh act 57 of , s. 28 amendment of section 25.in section 25 of the principal act, a for subsections 1 the following subsections shall be substituted, namely : 1 the high court may by notification in the official gazette, confer within such local limits as it thinks fit, upon any civil judge or munsif the jurisdiction of a judge of a court of small causes under the provincial small cause courts act, for the trial of suits cognizable by such courts. up to such value not exceeding five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred : provided that in relation to suits of the nature referred to in the proviso to subsection 2 of section 15 of the said act, the reference in this subsection to five thousand rupees shall be construed as reference to twenty five thousand rupees. b in subsection 2, for the words state government the word high court shall be substituted c subsection 3 shall be omitted. vide uttar pradesh act 17 of , s. 5 uttar pradesh section 25 of the bengal, agra and assam civil courts act, , as amended in its application to uttar pradesh shall be renumbered as subsection 1 thereof, and provided that in relation to suits of the nature referred to in the proviso to subsection 3 of section 15 of the said act the references in this subsection to one thousand rupees and five hundred rupees shall be constructed respectively as references to five thousand rupees and one thousand rupees. ii after subsection 1 as so renumbered, the following subsection shall be inserted, namely : 2 the state government may by notification in the official gazette confer upon any district judge or additional district judge the jurisdiction of a judge of a court act, , for the trial of all suits irrespective of their value, by the lessor for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred. explanationfor the purpose of this subsection, the expression building has the same meaning as in article 4 in the second schedule to the said act. 3 the state government may by notification in the official gazette delegate to the high court its powers under this section. vide uttar pradesh act 37 of , s. 5 bihar amendment of section 25 of act xii of . in section 25 of the said act, for the words five hundred rupees, the words seven hundred and fifty rupees and for the words two hundred and fifty rupees, the words three hundred rupees shall be substituted. vide bihar act 12 of , s. 6 1. see now the code of civil procedure, act 5 of , sch. iii. this cl. has been omitted in bengal by ben. act 19 of and formally amended in assam by assam act 6 of . 2. in bengal and assam the limits are seven hundred and fifty and three hundred, respectively: see ben. act 19 of and assam act 6 of . 3. subs. by act 16 of , s. 4, for one hundred rupees. 4. ins. by 4 of , s. 2 and sch., pt. i.

section 28.. of the bengal agra and assam civil courts act : suspension or removal of munsif by high court. rep., ibid.

section 29.. of the bengal agra and assam civil courts act : suspension of munsif by district judge. rep., ibid.

section 33.. of the bengal agra and assam civil courts act : general powers of district judge. rep., ibid.

section 35.. of the bengal agra and assam civil courts act : recovery of fines. rep., ibid

section 34.. of the bengal agra and assam civil courts act : transfer of ministerial officers. rep., ibid.

section 40. of the bengal agra and assam civil courts act : 1 this section and sections 15, 32, 37, 38 and 39 apply to courts of small causes constituted under the provincial small cause courts act, 9 of . 2 save as provided by that act, the other sections of this act do not apply to those courts.

section 39. of the bengal agra and assam civil courts act : for the purposes of the last foregoing section the presiding officer of a court subject to the administrative control of the district judge shall be deemed to be immediately subordinate to the court of the district judge, and, for the purposes of the code of civil procedure 14 of , the court of such an officer shall be deemed to be of a grade inferior to that of the court of the district judge. state amendment assam in section 39 of the said act, after the words code of civil procedure, the figures shall be inserted. vide assam act 6 of , s. 4 bihar amendment of section 39 of act xii of . in section 39 of the said act, after the words code of civil procedure, the figures shall be inserted. vide bihar act 12 of , s. 8

section 38. of the bengal agra and assam civil courts act : 1 the presiding officer of a civil court shall not try any spit or other proceeding to which he is a party or in which he is personally interested. 2 the presiding officer of an appellate civil court under this act shall not try an appeal against a decree or order passed by himself in another capacity. 3 when any such suit, proceeding or appeal as is referred to in subsection 1 or subsection 2 comes before any such officer, the officer shall forthwith transmit the record of the case to the court to which he is immediately subordinate, with a report of the circumstances attending the reference. 4 the superior court shall thereupon dispose of the case under section 25 of the code of civil procedure 14 of 1. 5 nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the high court. state amendment assam amendment of section 38. in subsection 4 of section 38 of the said act, for the words and figures section 25 of the code of civil procedure, the words and figures section 24 of the code of civil procedure, shall be substituted. vide assam act 6 of , s. 8 bihar amendment of section 38 of act xii of . in subsection 4 of section 38 of the said act, for the words and figures section 25 of the code of civil procedure, the words and figures section 24 of the code of civil procedure, shall be substituted. bihar act 12 of , s. 7 1. see now s. 24 of the code of civil procedure, act 5 of . in bengal and assam, that reference has been formally subs. by ben. act 19 of and assam act 6 of respectively.

section 36. of the bengal agra and assam civil courts act : 1 the state government may invest with the powers of any civil court under this act, by name or in virtue of office, a any officer in the chutia nagpur, 1sambalpur, jalpaiguri or darjeeling district, or in any part of the territories administered by the chief commissioner of assam except the district of sylhet, or, b after consultation with the high court, any officer serving in any other part of the territories to which this act extends and belonging to a class defined in this behalf by the state government 2 . 2 nothing in 3sections 4, 5, 6, 8, 10 or 11 applies to any officer so invested, but all the other provisions of this act shall, so far as those provisions can be made applicable, apply to him as if he were a judge of the court with the powers of which he is invested. 3 where, in the territories mentioned in clause a of subsection 1, the same local jurisdiction is assigned to two or more officers invested with the powers of a munsif, the officer invested with the powers of a district judge may, with the previous sanc tion of the state government, delegate his functions under subsection 2 of section 13 to an officer invested with the powers of a subordinate judge or to one of the officers invested with the powers of a munsif. 4 where the place at which the court of an officer invested with powers under subsection 1 is to be held has not been fixed under section 14, the court may be held at any place within the local limits of its jurisdiction. state amendment assam amendment of section 36. in section 36 of the principal act, in clause a of subsection 1, for the words territories administered by the chief commissioner of assam except the district of sylhet occurring between the words the and or the words state of assam shall be substituted. vide assam act 9 of , s. 4 1. ins. by 4 of , s. 6. 2. the words with the previous sanction of the g. g. in c. rep. by act 38 of , s. 2 and the first schedule, part i. 3. subs. by the a.o. , for sections 4 to 8 both inclusive, or sections 10 to 12 both inclusive, or sections 27 to 35 both inclusive.

section 37. of the bengal agra and assam civil courts act : 11 where in any suit or other proceeding it is necessary for a civil court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the muhammadan law in cases where the parties are muhammadans, and the hindu law in cases where the parties arc hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished. 2 in cases not provided for subsection 1 or by any other law for the time being in force, the court shall act according to justice, equity and good conscience. 1. the provisions of this section, in so far as they are inconsistent with the provisions of the muslim personal law shariat application act, 26 of , rep. by s. 6 of that act, but have been revived by s. 3 of act 16 of .

section 8. of the water prevention and control of pollution act : a board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the board at such time as he thinks fit for the aforesaid purpose.

section 1. of the water prevention and control of pollution act : 1 this act may be called the water prevention and control of pollution act, . 2 it applies in the first instance to the whole of the states of assam, bihar, gujarat, haryana, himachal pradesh, jammu and kashmir, karnataka, kerala, madhya pradesh, rajasthan, tripura and west bengal and the union territories and it shall apply to such other state which adopts this act by resolution passed in that behalf under clause 1 of article 252 of the constitution. 3 it shall come into force, at once in the states of assam, bihar, gujarat, haryana, himachal pradesh, jammu and kashmir, karnataka, kerala, madhya pradesh, rajasthan, tripura and west bengal and in the union territories, and in any other state which adopts this act under clause 1 of article 252 of the constitution on the date of such adoption and any reference in this act to the commencement of this act shall, in relation to any state or union territory, mean the date on which this act comes into force in such state or union territory.

section 2. of the water prevention and control of pollution act : in this act, unless the context otherwise requires, a board means the central board or a state board 1 b central board means the central pollution control board constituted under section 3 c member means a member of a board and includes the chairman thereof 2 d occupier, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance 3 dd outlet includes any conduit pipe or channel, open or closed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution e pollution means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water whether directly or indirectly as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms f prescribed means prescribed by rules made under this act by the central government or, as the case may be, the state government g sewage effluent means effluent from any sewerage system or sewage disposal works and includes sullage from open drains 3 gg sewer means any conduit pipe or channel, open or closed, carrying sewage or trade effluent 4 h state board means a state pollution control board constituted under section 4 i state government in relation to a union territory means the administrator thereof appointed under article 239 of the constitution j stream includes i river ii water course whether flowing or for the time being dry iii inland water whether natural or artificial iv subterranean waters v sea or tidal waters to such extent or, as the case may be, to such point as the state government may, by notification in the official gazette, specify in this behalf k trade effluent includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any 5 industry, operation or process, or treatment and disposal system, other than domestic sewage. 1. subs. by act 53 of , s. 2, for clause b w.e.f. . 2. subs. by s. 2, ibid., for clause d w.e.f. . 3. ins. by act 44 of , s. 2 w.e.f. . 4. subs. by act 53 of , s. 2, for clause h w.e.f. . 5. subs. by s. 2, ibid., for trade or industry w.e.f. .

section 7. of the water prevention and control of pollution act : if a member of a board becomes subject to any of the disqualifications specified in section 6, his seat shall become vacant.

section 3. of the water prevention and control of pollution act : show related subordinates 1 the central government shall, with effect from such date being a date not later than six months of the commencement of this act in the states of assam, bihar, gujarat, haryana, himachal pradesh, jammu and kashmir, karnataka, kerala, madhya pradesh, rajasthan, tripura and west bengal and in the union territories as it may, by notification in the official gazette, appoint, constitute a central board to be called the 1 central pollution control board to exercise the powers conferred on and perform the functions assigned to that board under this act. 2 the central board shall consist of the following members, namely: a a fulltime chairman, being a person having special knowledge or practical experience in respect of 2 matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the central government b 3 such number of officials, not exceeding five, to be nominated by the central government to represent that government c such number of persons, not exceeding five, to be nominated by the central government, from amongst the members of the state boards, of whom not exceeding two shall be from those referred to in clause c of subsection 2 of section 4 d 4 such number of nonofficials, not exceeding three, to be nominated by the central government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the central government, ought to be represented e two persons to represent the companies or corporations owned, controlled or managed by the central government, to be nominated by that government 5 f a fulltime membersecretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the central government. 3 the central board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued. 1. subs. by s. 3, ibid., for central board for the prevention and control of water pollution w.e.f. . 2. subs. by act 44 of , s. 3, for matters relating to the use and conservation of water resources or the prevention and control of water pollution w.e.f. . 3. subs. by act 44 of , s. 3, for five officials w.e.f. . 4. subs. by s. 3, ibid., for three nonofficials w.e.f. . 5. subs. by act 53 of , s. 3, for clause f w.e.f. .

section 4. of the water prevention and control of pollution act : show related subordinates 1 the state government shall, with effect from such date 1 as it may, by notification in the official gazette, appoint, constitute a 2 state pollution control board, under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that board under this act. 2 a state board shall consist of the following members, namely: a a 3 chairman, being a person having special knowledge or practical experience in respect of 4 matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the state government: 5 provided that the chairman may be either wholetime or parttime as the state government may may think fit b 6 such number of officials, not exceeding five, to be nominated by the state government to represent that government c 7such number of persons, not exceeding five, to be nominated by the state government from amongst the members of the local authorities functioning within the state d 8such number of nonofficials, not exceeding three, to be nominated by the state government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the state government, ought to be represented e two persons to represent the companies or corporations owned, controlled or managed by the state government, to be nominated by that government 9 f a fulltime membersecretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the state government. 3 every state board shall be a body corporate with the name specified by the state government in the notification under subsection 1, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue or be sued. 4 notwithstanding anything contained in this section, no state board shall be constituted for a union territory and in relation to a union territory, the central board shall exercise the powers and perform the functions of a state board for that union territory: provided that in relation to any union territory the central board may delegate all or any of its powers and functions under this subsection to such person or body of persons as the central government may specify 1. the brackets and words being a date not later than six months of the commencement of the act in the state omitted by act 44 of , s. 4 w.e.f. . 2. subs. by act 53 of , s. 4, for state board w.e.f. . 3. the word fulltime omitted by act 44 of , s. 4 w.e.f. . 4. subs. by s. 4, ibid., for certain words w.e.f. . 5. the proviso ins. by s. 4, ibid. w.e.f. . 6. subs. by s. 4, ibid., for five officials w.e.f. . 7. subs. by s. 4, ibid., for five persons w.e.f. . 8. subs. by s. 4, ibid., for three nonofficials w.e.f. . 9. subs. by act 53 of , s. 4, for clause f w.e.f. .

section 5. of the water prevention and control of pollution act : show related subordinates 1 save as otherwise provided by or under this act, a member of a board, other than a membersecretary, shall hold office for a term of three years from the date of his nomination: provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 1 2 the term of office of a member of a board nominated under clause b or clause e of subsection 2 of section 3 or clause b or clause e of subsection 2 of section 4 shall come to an end as soon as he ceases to hold the office under the central government or the state government or, as the case may be, the company or corporation owned, controlled or managed by the central government or the state government, by virtue of which he was nominated. 3 the central government or, as the case may be, the state government may, if it thinks fit, remove any member of a board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same. 4 a member of a board, other than the membersecretary, may at any time resign his office by writing under his hand addressed a in the case of the chairman to the central government or, as the case may be, the state government and b in any other case, to the chairman of the board, and the seat of the chairman or such other member shall thereupon become vacant. 5 a member of a board, other than the membersecretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the board, from three consecutive meetings of the board, 2 or where he is nominated under clause c or clause e of subsection 2 of section 3 or under clause c or clause e of subsection 2 of section 4, if he ceases to be a member of the state board or of the local authority or, as the case may be, of the company or corporation owned, controlled or managed by the central government or the state government and such vacation of seat shall, in either case, take effect from such date as the central government or, as the case may be, the state government may, by notification in the official gazette, specify. 6 a casual vacancy in a board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated. 7 a member of a board 3 shall be eligible for renomination. 8 the other terms and conditions of service of a member of a board, other than the chairman and membersecretary, shall be such as may be prescribed. 9 the other terms and conditions of service of the chairman shall be such as may be prescribed. 1. subs. by act 44 of , s. 5, for subsection 2 w.e.f. . 2. subs. by s. 5, ibid., for certain words, brackets, letters and figures w.e.f. . 3. subs. by act 53 of , s. 5, for shall not be eligible for renomination for more than two terms w.e.f. .

section 6. of the water prevention and control of pollution act : 1 no person shall be a member of a board, who a is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or b is of unsound mind and stands so declared by a competent court, or c is, or has been, convicted of an offence which, in the opinion of the central government or, as the case may be, of the state government, involves moral turpitude, or d is, or at any time has been, convicted of an offence under this act, or e has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or f is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the board, or with the government constituting the board, or with a local authority in the state, or with a company or corporation owned, controlled or managed by the government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or g has so abused, in the opinion of the central government or as the case may be, of the state government, his position as a member, as to render his continuance on the board detrimental to the interest of the general public. 2 no order of removal shall be made by the central government or the state government, as the case may be, under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. 3 notwithstanding anything contained in subsections 1 and 7 of section 5, a member who has been removed under this section shall not be eligible for renomination as a member.

section 9. of the water prevention and control of pollution act : 1 a board may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons, and for such purpose or purposes as it may think fit. 2 a committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. 3 the members of a committee other than the members of the board shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the board as may be prescribed.

section 10. of the water prevention and control of pollution act : 1 a board may associate with itself in such manner, and for such purposes, as may be prescribed any person whose assistance or advice it may desire to obtain in performing any of its functions under this act. 2 a person associated with the board under subsection 1 for any purpose shall have a right to take part in the discussions of the board relevant to that purpose, but shall not have a right to vote at a meeting of the board, and shall not be a member for any other purpose. 1 3 a person associated with the board under subsection 1 for any purpose shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the board, as may be prescribed. 1. ins. by act 44 of , s. 6 w.e.f. .

section 13. of the water prevention and control of pollution act : 1 notwithstanding anything contained in this act, an agreement may be entered into a by two or more governments of contiguous states, or b by the central government in respect of one or more union territories and one or more governments of states contiguous to such union territory or union territories, to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a joint board, i in a case referred to in clause a, for all the participating states, and ii in a case referred to in clause b, for the participating union territory or union territories and the state or states. 2 an agreement under this section may a provide, in a case referred to in clause a of subsection 1, for the apportionment between the participating states and in a case referred to in clause b of that subsection, for the apportionments between the central government and the participating state government or state governments, of the expenditure in connection with the joint board b determine, in a case referred to in clause a of subsection 1, which of the participating state governments and in a case referred to in clause b of that subsection, whether the central government or the participating state government if there are more than one participating state, also which of the participating state governments shall exercise and perform the several powers and functions of the state government under this act and the references in this act to the state government shall be construed accordingly c provide for consultation, in a case referred to in clause a of subsection 1, between the participating state governments and in a case referred to in clause b of that subsection, between the central government and the participating state government or state governments either generally or with reference to particular matters arising under this act d make such incidental and ancillary provisions, not inconsistent with this act, as may be deemed necessary or expedient for giving effect to the agreement. 3 an agreement under this section shall be published, in a case referred to in clause a of subsection 1, in the official gazette of the participating states and in a case referred to in cause b of that subsection, in the official gazette of the participating union territory or union territories and participating state or states.

section 11. of the water prevention and control of pollution act : no act or proceeding of a board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board or such committee, as the case may be.

section 11a. of the water prevention and control of pollution act : 1 11a. delegation of powers to chairman.the chairman of a board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the board. 1. ins. by s. 7, ibid. w.e.f. .

section 15. of the water prevention and control of pollution act : notwithstanding anything contained in this act where any joint board is constituted under section 13, a the government of the state for which the joint board is constituted shall be competent to give any direction under this act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the state b the central government alone shall be competent to give any direction under this act where such direction relates to a matter within the territorial jurisdiction of two or more states or pertaining to a union territory.

section 12. of the water prevention and control of pollution act : 1 the terms and conditions of service of the membersecretary shall be such as may be prescribed. 2 the membersecretary shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the board or its chairman. 3 subject to such rules as may be made by the central government or, as the case may be, the state government in this behalf, a board may appoint such officers and employees as it considers necessary for the efficient performance of its functions 1 . 2 3a the method of recruitment and the terms and conditions of service including the scales of pay of the officers other than the membersecretary and other employees of the central board or a state board shall be such as may be determined by regulations made by the central board or, as the case may be, by the state board: provided that no regulation made under this subsection shall take effect unless, a in the case of a regulation made by the central board, it is approved by the central government and b in the case of a regulation made by a state board, it is approved by the state government. 3 3b the board may, by general or special order, and subject to such conditions and limitations, if any, as may be specified in the order delegate to any officer of the board such of its powers and functions under this act as it may deem necessary. 4 subject to such conditions as may be prescribed, a board may from time to time appoint any qualified person to be a consulting engineer to the board and pay him such salaries and allowances and subject him to such other terms and conditions of service as it thinks fit. 1. certain words omitted by s. 8, ibid. w.e.f. . 2. ins. by s. 8, ibid. w.e.f. . 3. ins. by act 53 of , s. 6 w.e.f. .

section 14. of the water prevention and control of pollution act : 1 a joint board constituted in pursuance of an agreement entered into under clause a of subsection 1 of section 13 shall consist of the following members, namely: a a fulltime chairman, being a person having special knowledge or practical experience in respect of 1 matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the central government b two officials from each of the participating states to be nominated by the concerned participating state government to represent that government c one person to be nominated by each of the participating state governments from amongst the members of the local authorities functioning within the state concerned d one nonofficial to be nominated by each of the participating state governments to represent the interests of agriculture, fishery or industry or trade in the state concerned or any other interest which, in the opinion of the participating state government, is to be represented e two persons to be nominated by the central government to represent the companies or corporations owned, controlled or managed by the participating state governments 2 f a fulltime membersecretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the central government. 2 a joint board constituted in pursuance of an agreement entered into under clause b of subsection 1 of section 13 shall consist of the following members, namely: a a fulltime chairman, being a person having special knowledge or practical experience in respect of 3 matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the central government b two officials to be nominated by the central government from the participating union territory or each of the participating union territories, as the case may be, and two officials to be nominated, from the participating state or each of the participating states, as the case may be, by the concerned participating state government c one person to be nominated by the central government from amongst the members of the local authorities functioning within the participating union territory or each of the participating union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating state or each of the participating states, as the case may be, by the concerned participating state government d one nonofficial to be nominated by the central government and one person to be nominated by the participating state government or state governments to represent the interests of agriculture, fishery or industry or trade in the union territory or in each of the union territories or the state or in each of the states, as the case may be, or any other interest which in the opinion of the central government or, as the case may be, of the state government is to be represented e two persons to be nominated by the central government to represent the companies or corporations owned, controlled or managed by the central government and situate in the participating union territory or territories and two persons to be nominated by the central government to represent the companies or corporations owned, controlled or managed by the participating state governments 4 f a fulltime membersecretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the central government. 3 when a joint board is constituted in pursuance of an agreement under clause b of subsection 1 of section 13, the provisions of subsection 4 of section 4 shall cease to apply in relation to the union territory for which the joint board is constituted. 4 subject to the provisions of subsection 3, the provisions of subsection 3 of section 4 and sections 5 to 12 inclusive shall apply in relation to the joint board and its membersecretary as they apply in relation to a state board and its membersecretary. 5 any reference in this act to the state board shall, unless the context otherwise requires, be construed as including a joint board. 1. subs. by act 44 of , s. 9, for certain words w.e.f. . 2. subs. by act 53 of , s. 7, for clause f w.e.f. . 3. subs. by act 44 of , s. 9, for certain words w.e.f. . 4. subs. by act 53 of , s. 7, for clause f w.e.f. .

section 19. of the water prevention and control of pollution act : 1 notwithstanding anything contained in this act, if the state government, after consultation with, or on the recommendation of, the state board, is of opinion that the provisions of this act need not apply to the entire state, it may, by notification in the official gazette, restrict the application of this act to such area or areas as may be declared therein as water pollution, prevention and control area or areas and thereupon the provisions of this act shall apply only to such area or areas. 2 each water pollution, prevention and control area may be declared either by reference to a map or by reference to the line of any watershed or the boundary of any district or partly by one method and partly by another. 3 the state government may, by notification in the official gazette, a alter any water pollution, prevention and control area whether by way of extension or reduction or b define a new water pollution, prevention and control area in which may be merged one or more water pollution, prevention and control areas, or any part or parts thereof.

section 16. of the water prevention and control of pollution act : show related subordinates 1 subject to the provisions of this act, the main function of the central board shall be to promote cleanliness of streams and wells in different areas of the states. 2 in particular and without prejudice to the generality of the foregoing function, the central board may perform all or any of the following functions, namely: a advise the central government on any matter concerning the prevention and control of water pollution b coordinate the activities of the state boards and resolve disputes among them c provide technical assistance and guidance to the state boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution d plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution on such terms and conditions as the central board may specify e organise through mass media a comprehensive programme regarding the prevention and control of water pollution 1 ee perform such of the functions of any state board as may be specified in an order made under sub section 2 of section 18 f collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith g lay down, modify or annul, in consultation with the state government concerned, the standards for a stream or well: provided that different standards may be laid down for the same stream or well or for different streams or wells, having regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells h plan and cause to be executed a nationwide programme for the prevention, control or abatement of water pollution i perform such other functions as may be prescribed. 3 the board may establish or recognise a laboratory or laboratories to enable the board to perform its functions under this section efficiently including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents. 1. ins. by act 53 of , s. 8 w.e.f. .

section 17. of the water prevention and control of pollution act : show related subordinates 1 subject to the provisions of this act, the functions of a state board shall be a to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the state and to secure the execution thereof b to advise the state government on any matter concerning the prevention, control or abatement of water pollution c to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof d to encourage, conduct and participate investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution e to collaborate with the central board in organising the training of persons engaged or to be engaged in programmes relating, to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto f to inspect sewage or trade effluents, works and plants for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water, works for the purification thereof and the system for the disposal of sewage or trade effluents or in connection with the grant of any consent as required by this act g to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters not being water in an interstate stream resulting from the discharge of effluents and to classify waters of the state h to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soils, climate and water resources of different regions and more especially the prevailing flow characteristics of water in streams and wells which render it impossible to attain even the minimum degree of dilution i to evolve methods of utilisation of sewage and suitable trade effluents in agriculture j to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year the minimum degree of dilution k to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the stream, after the discharge of such effluents l to make, vary or revoke any order i for the prevention, control or abatement of discharges of waste into streams or wells ii requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial measures as are necessary to prevent, control or abate water pollution m to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents n to advise the state government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well o to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the central board or the state government. 2 the board may establish or recognise a laboratory or laboratories to enable the board to perform its functions under this section efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents.

section 20. of the water prevention and control of pollution act : 1 for the purpose of enabling a state board to perform the functions conferred on it by or under this act, the state board or any officer empowered by it in that behalf, may make surveys of any area and gauge and keep records of the flow or volume and other characteristics of any stream or well in such area, and may take steps for the measurement and recording of the rainfall in such area or any part thereof and for the installation and maintenance for those purposes of gauges or other apparatus and works connected therewith, and carry out stream surveys and may take such other steps as may be necessary in order to obtain any information required for the purposes aforesaid. 2 a state board may give directions requiring any person who in its opinion is abstracting water from any such stream or well in the area in quantities which are substantial in relation to the flow or volume of that stream well or is discharging sewage or trade effluent into any such stream or well, to give such information as to the abstraction or the discharge at such times and in such form as may be specified in the directions. 3 without prejudice to the provisions of subsection 2, a state board may, with a view to preventing or controlling pollution of water, give directions requiring any person in charge of any establishment where any 1 industry, operation or process, or treatment and disposal system is carried on, to furnish to it information regarding the construction, installation or operation of such establishment or of any disposal system or of any extension or addition thereto in such establishment and such other particulars as may be prescribed. 1. subs. by act 53 of , s. 10, for industry or trade w.e.f. .

section 18. of the water prevention and control of pollution act : 1 1 in the performance of its functions under this act a the central board shall be bound by such directions in writing as the central government may give to it and b every state board shall be bound by such directions in writing as the central board or the state government may give to it: provided that where a direction given by the state government is inconsistent with the direction given by the central board, the matter shall be referred to the central government for its decision. 2 2 where the central government is of the opinion that any state board has defaulted in complying with any directions given by the central board under subsection 1 and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the central board to perform any of the functions of the state board in relation to such area, for such period and for such purposes, as may be specified in the order. 3 where the central board performs any of the functions of the state board in pursuance of a direction under subsection 2, the expenses, if any, incurred by the central board with respect to the performance of such functions may, if the state board is empowered to recover such expenses, be recovered by the central board with interest at such reasonable rate as the central government may, by order, fix from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand. 4 for the removal of doubts, it is hereby declared that any directions to perform the functions of any state board given under subsection 2 in respect of any area would not preclude the state board from performing such functions in any other area in the state or any of its other functions in that area. 1. s. 18 renumbered as subsection 1 thereof by act 53 of , s. 9 w.e.f. . 2. ins. by act 53 of , s. 9 w.e.f. .

section 21. of the water prevention and control of pollution act : 1 a state board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water from any stream or well or samples of any sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well. 2 the result of any analysis of a sample of any sewage or trade effluent taken under subsection 1 shall not be admissible in evidence in any legal proceeding unless the provisions of subsections 3, 4 and 5 are complied with. 3 subject to the provisions of subsections 4 and 5, when a sample composite or otherwise as may be warranted by the process used of any sewage or trade effluent is taken for analysis under subsection 1, the person taking the sample shall a serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place which person is hereinafter referred to as the occupier or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed b in the presence of the occupier or his agent, divide the sample into two parts c cause each part to be placed in a container which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent d send one container forthwith, i in a case where such sample is taken from any area situated in a union territory, to the laboratory established or recognised by the central board under section 16 and ii in any other case, to the laboratory established or recognised by the state board under section 17 e on the request of the occupier or his agent, send the second container, i in a case where such sample is taken from any area situated in a union territory, to the laboratory established or specified under subsection 1 of section 51 and ii in any other case, to the laboratory established or specified under subsection 1 of section 52. 1 4 when a sample of any sewage or trade affluent is taken for analysis under subsection 1 and the person taking the sample serves on the occupier or his agent, a notice under clause a of subsection 3 and the occupier or his agent wilfully absents himself, then, a the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in subclause i or subclause ii, as the case may be, of clause e of subsection 3 and such person shall inform the government analyst appointed under subsection 1 or subsection 2, as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent and b the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case may be, as an arrear of land revenue or of public demand: provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter. 5 when a sample of any sewage or trade effluent is taken for analysis under subsection 1 and the person taking the sample serves on the occupier or his agent a notice under clause a of subsection 3 and the occupier or his agent who is present at the time of taking the sample does not make a request for dividing the sample into two parts as provided in clause b of subsection 3, then, the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in subclause i or subclause ii, as the case may be, of clause d of subsection 3. 1 subs. by act 44 of , s. 10, for subsection 4 w.e.f. .

section 22. of the water prevention and control of pollution act : 1 where a sample of any sewage or trade effluent has been sent for analysis to the laboratory established or recognised by the central board or, as the case may be, the state board, the concerned board analyst appointed under subsection 3 of section 53 shall analyse the sample and submit a report in the prescribed form of the result of such analysis in triplicate to the central board or the state board, as the case may be. 2 on receipt of the report under subsection 1, one copy of the report shall be sent by the central board or the state board, as the case may be, to the occupier or his agent referred to in section 21, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be kept by the concerned board. 3 where a sample has been sent for analysis under clause e of subsection 3 or subsection 4 of section 21 to any laboratory mentioned therein, the government analyst referred to in that subsection shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the central board or, as the case may be, the state board which shall comply with the provisions of subsection 2. 4 if there is any inconsistency or discrepancy between, or variation in the results of, the analysis carried out by the laboratory established or recognised by the central board or the state board, as the case may be, and that of the laboratory established or specified under section 51 or section 52, as the case may be, the report of the latter shall prevail. 5 any cost incurred in getting any sample analysed at the request of the occupier or his agent shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.

section 25. of the water prevention and control of pollution act : 11 subject to the provisions of this section, no person shall, without the previous consent of the state board, a establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land such discharge being hereafter in this section referred to as discharge of sewage or b bring into use any new or altered outlet for the discharge of sewage or c begin to make any new discharge of sewage: provided that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the water prevention and control of pollution amendment act, 53 of , for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application. 2 an application for consent of the state board under subsection 1 shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed. 3 the state board may make such inquiry as it may deem fit in respect of the application for consent referred to in subsection 1 and in making any such inquiry shall follow such procedure as may be prescribed. 2 4 the state board may a grant its consent referred to in subsection 1, subject to such conditions as it may impose, being i in cases referred to in clauses a and b of subsection 1 of section 25, conditions as to the point of discharge of sewage or as to the use of that outlet or any other outlet for discharge of sewage ii in the case of a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises from which the discharge or new discharge is to be made and iii that the consent will be valid only for such period as may be specified in the order, and any such conditions imposed shall be binding on any person establishing or taking any steps to establish any industry, operation or process, or treatment and disposal system of extension or addition thereto, or using the new or altered outlet, or discharging the effluent from the land or premises aforesaid or b refuse such consent for reasons to be recorded in writing. 5 where, without the consent of the state board, any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, is established, or any steps for such establishment have been taken or a new or altered outlet is brought into use for the discharge of sewage or a new discharge of sewage is made, the state board may serve on the person who has established or taken steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, or using the outlet, or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect of such establishment, such outlet or discharge. 6 every state board shall maintain a register containing particulars of the conditions imposed under this section and so much of the register as relates to any outlet, or to any effluent, from any land or premises shall be open to inspection at all reasonable hours by any person interested in, or affected by such outlet, land or premises, as the case may be, or by any person authorised by him in this behalf and the conditions so contained in such register shall be conclusive proof that the consent was granted subject to such conditions. 7 the consent referred to in subsection 1 shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the state board. 8 for the purposes of this section and sections 27 and 30, a the expression new or altered outlet means any outlet which is wholly or partly constructed on or after the commencement of this act or which whether so constructed or not is substantially altered after such commencement b the expression new discharge means a discharge which is not, as respects to nature and composition, temperature, volume, and rate of discharge of the effluent substantially a continuation of a discharge made within the preceding twelve months whether by the same or a different outlet, so however that a discharge which is in other respects a continuation of previous discharge made as aforesaid shall not be deemed to be a new discharge by reason of any reduction of the temperature or volume or rate of discharge of the effluent as compared with the previous discharge. 1. subs. by s. 12, ibid., for subsections 1 and 2 w.e.f. . 2. subs. by act 53 of , s. 12, for subsections 4, 5 and 6 w.e.f. .

section 24. of the water prevention and control of pollution act : 1 subject to the provisions of this section, a no person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the state board to enter whether directly or indirectly into any 1 stream or well or sewer or on land or b no person shall knowingly cause or permit to enter into any stream any other matter which may tend, either directly or in combination with similar matters, to impede the proper flow of the water of the stream in a manner leading or likely to lead to a substantial aggravation of pollution due to other causes or of its consequences. 2 a person shall not be guilty of an offence under subsection 1, by reason only of having done or caused to be done any of the following acts, namely: a constructing, improving or maintaining in or across or on the bank or bed of any stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other permanent works which he has a right to construct, improve or maintain b depositing any materials on the bank or in the bed of any stream for the purpose of reclaiming land or for supporting, repairing or protecting the bank or bed of such stream provided such materials are not capable of polluting such stream c putting into any stream any sand or gravel or other natural deposit which has flowed from or been deposited by the current of such stream d causing or permitting, with the consent of the state board, the deposit accumulated in a well, pond or reservoir to enter into any stream. 3 the state government may, after consultation with, or on the recommendation of, the state board, exempt, by notification in the official gazette, any person from the operation of subsection 1 subject to such conditions, if any, as may be specified in the notification and any condition so specified may by a like notification be altered, varied or amended. 1.subs. by act 53 of , s. 11, for stream or well w.e.f. .

section 23. of the water prevention and control of pollution act : 1 subject to the provisions of this section, any person empowered by a state board in this behalf shall have a right at any time to enter, with such assistance as he considers necessary, any place a for the purpose of performing any of the functions of the board entrusted to him b for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this act or the rules made thereunder of any notice, order, direction or authorisation served, made, given, or granted under this act is being or has been complied with c for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder: provided that the right to enter under this subsection for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes. 2 the provisions of 1 the code of criminal procedure, 2 of , or, in relation to the state of jammu and kashmir, the provisions of any corresponding law in force in that state, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under 2 section 94 of the said code, or, as the case may be, under the corresponding provisions of the said law. explanation. for the purposes of this section, place includes vessel. 1. subs. by act 44 of , s. 11, for the code of criminal procedure, 5 of w.e.f. . 2. subs. by s. 11, ibid., for section 98 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 26. of the water prevention and control of pollution act : where immediately before the commencement of this act any person was discharging any sewage or trade effluent into a 1 stream or well or sewer or on land, the provisions of section 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under subsection 2 of that section 2 shall be made on or before such date as may be specified by the state government by notification in this behalf in the official gazette. 1. subs. by act 44 of , s. 13, for stream or well w.e.f. . 2. subs. by s. 13, ibid., for certain words w.e.f. .

section 27. of the water prevention and control of pollution act : 1 1 a state board shall not grant its consent under subsection 4 of section 25 for the establishment of any industry, operation or process, or treatment and disposal system or extension or addition thereto, or to the bringing into use of a new or altered outlet unless the industry, operation or process, or treatment and disposal system or extension or addition thereto, or the outlet is so established as to comply with any conditions imposed by the board to enable it to exercise its right to take samples of the effluent. 2 2 a state board may from time to time review 3 a any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition b the refusal of any consent referred to in subsection 1 of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit. 3 any condition imposed under section 25 or section 26 shall be subject to any variation made under subsection 2 and shall continue in force until revoked under that subsection. 1. subs. by act 53 of , s. 13, for subsection 1 w.e.f. . 2. subs. by act 44 of , s. 14, for subsection 2 w.e.f. . 3. subs. by act 53 of , s. 13, for clause a w.e.f. .

section 28. of the water prevention and control of pollution act : 1 any person aggrieved by an order made by the state board under section 25, section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority hereinafter referred to as the appellate authority as the state government may think fit to constitute: provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 1 2 an appellate authority shall consist of a single person or three persons, as the state government may think fit, to be appointed by that government. 3 the form and manner in which an appeal may be preferred under subsection 1, the fees payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed. 4 on receipt of an appeal preferred under subsection 1, the appellate authority shall, after giving the appellant and the state board an opportunity of being heard, dispose of the appeal as expeditiously as possible. 5 if the appellate authority determines that any condition imposed, or the variation of any condition, as the case may be, was unreasonable, then, a where the appeal is in respect of the unreasonableness of any condition imposed, such authority may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to it to be reasonable b where the appeal is in respect of the unreasonableness of any variation of a condition, such authority may direct either that the condition shall be treated as continuing in force unvaried or that it shall be varied in such manner as appears to it to be reasonable. 1. subs. by act 44 of , s. 15, for subsection 2 w.e.f. .

section 29. of the water prevention and control of pollution act : 1 the state government may at any time either of its own motion or on an application made to it in this behalf, call for the records of any case where an order has been made by the state board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think it: provided that the state government shall not pass any order under this subsection without affording the state board and the person who may be affected by such order a reasonable opportunity of being heard in the matter. 2 the state government shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.

section 30. of the water prevention and control of pollution act : 1 1 where under this act, any conditions have been imposed on any person while granting consent under section 25 or section 26 and such conditions require such person to execute any work in connection therewith and such work has not been executed within such time as may be specified in this behalf, the state board may serve on the person concerned a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the work specified therein. 2 if the person concerned fails to execute the work as required in the notice referred to in subsection 1, then, after the expiration of the time specified in the said notice, the state board may itself execute or cause to be executed such work. 3 all expenses incurred by the state board for the execution of the aforesaid work, together with interest, at such rate as the state government may, by order, fix, from the date when a demand for the expenses is made until it is paid, may be recovered by that board from the person concerned, as arrears of land revenue, or of public demand. 1. subs. by act 53 of , s. 14, for subsection 1 w.e.f. .

section 33. of the water prevention and control of pollution act : 11 where it is apprehended by a board that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer or on any land, or otherwise, the board may make an application to a court, not inferior to that of a metropolitan magistrate or a judicial magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing. 2 on receipt of an application under subsection 1 the court may make such order as it deems fit. 3 where under subsection 2 the court makes an order restraining any person from polluting the water in any stream or well, it may in that order i direct the person who is likely to cause or has caused the pollution of the water in the stream or well, to desist from taking such action as is likely to cause pollution or, as the case may be, to remove from such stream or well, such matter, and ii authorise the board, if the direction under clause i being a direction for the removal of any matter from such stream or well is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court. 4 all expenses incurred by the board in removing any matter in pursuance of the authorisation under clause ii of subsection 3 or in the disposal of any such matter may be defrayed out of any money obtained by the board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. 1. subs. by s. 17, ibid., for subsection 1 w.e.f. .

section 31. of the water prevention and control of pollution act : 11 if at any place where any industry, operation or process, or any treatment and disposal system or any extension or addition thereto is being carried on, due to accident or other unforeseen act or event, any poisonous, noxious or polluting matter is being discharged, or is likely to be discharged into a stream or well or sewer or on land and, as a result of such discharge, the water in any stream or well is being polluted, or is likely to be polluted, then the person incharge of such place shall forthwith intimate the occurrence of such accident, act or event to the state board and such other authorities or agencies as may be prescribed. 2 where any local authority operates any sewerage system or sewage works, the provisions of subsection 1 shall apply to such local authority as they apply in relation to the person in charge of the place where any industry or trade is being carried on. 1. subs. by s. 15, ibid., for subsection 1 w.e.f. .

section 32. of the water prevention and control of pollution act : 1 where it appears to the state board that any poisonous, noxious or polluting matter is present in 1 any stream or well or on land by reason of the discharge of such matter in such stream or well or on such land or has entered into that stream or well due to any accident or other unforeseen act or event, and if the board is of opinion that it is necessary or expedient to take immediate action, it may for reasons to be recorded in writing, carry out such operations as it may consider necessary for all or any of the following purposes, that is to say, a removing that matter from the 2 stream or well or on land and disposing it of in such manner as the board considers appropriate b remedying or mitigating any pollution caused by its presence in the stream or well c issuing orders immediately restraining or prohibiting the person concerned from discharging any poisonous, noxious or polluting matter 3 into the stream or well or on land, or from making insanitary use of the stream or well. 2 the power conferred by subsection 1 does not include the power to construct any works other than works of a temporary character which are removed on or before the completion of the operations. 1. subs. by act 53 of , s. 16, for any stream or well w.e.f. . 2. subs. by s. 16, ibid., for stream or well w.e.f. . 3. subs. by s. 16, ibid., for into the stream or well w.e.f. .

section 34. of the water prevention and control of pollution act : the central government may, after due appropriation made by parliament by law in this behalf, make in each financial year such contributions to the central board as it may think necessary to enable the board to perform its functions under this act.

section 33a. of the water prevention and control of pollution act : 1 33a. power to give directions.notwithstanding anything contained in any other law, but subject to the provisions of this act, and to any directions that the central government may give in this behalf, a board may, in the exercise of its powers and performance of its functions under this act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. explanation.for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct a the closure, prohibition or regulation of any industry, operation or process or b the stoppage or regulation of supply of electricity, water or any other service. 1. ins. by s. 18, ibid. w.e.f. .

section 33b. of the water prevention and control of pollution act : 133b. appeal to national green tribunal.any person aggrieved by, a an order or decision of the appellate authority under section 28, made on or after the commencement of the national green tribunal act, or b an order passed by the state government under section 29, on or after the commencement of the national green tribunal act, or c directors issued under section 33a by a board, on or after the commencement of the national green tribunal act, , may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, , in accordance with the provisions of that act. 1. ins. by act 19 of , s. 36 and schedule iii w.e.f. .

section 35. of the water prevention and control of pollution act : the state government may, after due appropriation made by the legislature of the state by law in this behalf, make in each financial year such contributions to the state board as it may think necessary to enable that board to perform its functions under this act.

section 37. of the water prevention and control of pollution act : 1 the state board shall have its own fund, and the sums which may, from time to time, be paid to it by the state government and all other receipts by way of gifts, grants, donations, benefactions 1,fees or otherwise of that board shall be carried to the fund of the board and all payments by the board shall be made therefrom. 2 the state board may expend such sums as it thinks fit for performing its functions under this act, 1and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the state board, also for performing its functions under such law and such sums shall be treated as expenditure payable out of the fund of that board. 1. ins. by s. 17, ibid. w.e.f. .

section 41. of the water prevention and control of pollution act : 1 41. failure to comply with directions under subsection 2 or subsection 3 of section 20, or orders issued under clause c of subsection 1 of section 32 or directions issued under subsection 2 of section 33 or section 33a.1 whoever fails to comply with the direction given under subsection 2 or subsection 3 of section 20 within such time as may be specified in the direction shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. 2 whoever fails to comply with any order issued under clause c of subsection 1 of section 32 or any direction issued by a court under subsection 2 of section 33 or any direction issued under section 33a shall, in respect of each such failure and on conviction, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure. 3 if the failure referred to in subsection 2 continues beyond a period of one year after the date of conviction, the offender shall, on conviction, be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine. 1. subs. by act 53 of , s. 21, for section 41 w.e.f. .

section 42. of the water prevention and control of pollution act : 1 whoever a destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the board, or b obstructs any person acting under the orders or directions of the board from exercising his powers and performing his functions under this act, or c damages any works or property belonging to the board, or d fails to furnish to any officer or other employee of the board any information required by him for the purpose of this act, or e fails to intimate the occurrence of any accident or other unforeseen act or event under section 31 to the board and other authorities or agencies as required by that section, or f in giving any information which he is required to give under this act, knowingly or wilfully makes a statement which is false in any material particular, or g for the purpose of obtaining any consent under section 25 or section 26, knowingly or wilfully makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 ten thousand rupees or with both. 2 where for the grant of a consent in pursuance of the provisions of section 25 or section 26 the use of meter or gauge or other measure or monitoring device is required and such device is used for the purposes of those provisions, any person who knowingly or wilfully alters or interferes with that device so as to prevent it from monitoring or measuring correctly shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 1 ten thousand rupees or with both. 1. subs. by act 53 of , s. 22, for one thousand rupees w.e.f. .

section 36. of the water prevention and control of pollution act : 1 the central board shall have its own fund, and all sums which may, from time to time, be paid to it by the central government and all other receipts by way of gifts, grants, donations, benefactions 1 , fees or otherwise of that board shall be carried to the fund of the board and all payments by the board shall be made therefrom. 2 the central board may expend such sums as it thinks fit for performing its functions under this act, 1 and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the central board, also for performing its functions under such law and such sums shall be treated as expenditure payable out of the fund of the board. 1. ins. by act 44 of , s. 16 w.e.f. .

section 37a. of the water prevention and control of pollution act : 1 37a. borrowing powers of board.a board may, with the consent of, or in accordance with, the terms of any general or special authority given to it by the central government or, as the case may be, the state government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for the performance of all or any of its functions under this act. 1. ins. by act 53 of , s. 19 w.e.f. .

section 39. of the water prevention and control of pollution act : 1 39. annual report.1 the central board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the central government within four months from the last date of the previous financial year and that government shall cause every such report to be laid before both houses of parliament within nine months from the last date of the previous financial year. 2 every state board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the state government within four months from the last date of the previous financial year and that government shall cause every such report to be laid before the state legislature within a period of nine months from the last date of the previous financial year. 1. subs. by s. 20, ibid., for section 39 w.e.f. .

section 38. of the water prevention and control of pollution act : the central board or, as the case may be, the state board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure, and copies thereof shall be forwarded to the central government or, as the case may be, the state government.

section 40. of the water prevention and control of pollution act : 1 every board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government or, as the case may be, the state government. 2 the accounts of the board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the companies act, 1 of . 3 the said auditor shall be appointed by the central government or, as the case may be, the state government on the advice of the comptroller and auditor general of india. 4 every auditor appointed to audit the accounts of the board under this act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 5 every such auditor shall send a copy of his report together with an audited copy of the accounts to the central government or, as the case may be, the state government. 6 the central government shall, as soon as may be after the receipt of the audit report under subsection 5, cause the same to be laid before both houses of parliament. 7 the state government shall, as soon as may be after the receipt of the audit report under subsection 5, cause the same to be laid before the state legislature.

section 43. of the water prevention and control of pollution act : whoever contravenes the provisions of section 24 shall be punishable with imprisonment for a term which shall not be less than 1 one year and six months but which may extend to six years and with fine. 1 subs. by s. 23, ibid., for six months w.e.f. .

section 44. of the water prevention and control of pollution act : whoever contravenes the provisions of section 25 or section 26 shall be punishable with imprisonment for a term which shall not be less than 1 one year and six months but which may extend to six years and with fine. 1. subs. by s. 23, ibid., for six months w.e.f. .

section 45. of the water prevention and control of pollution act : if any person who has been convicted of any offence under section 24 or section 25 or section 26 is again found guilty of an offence involving a contravention of the same provision, he shall, on the second and on every subsequent conviction, be punishable with imprisonment for a term which shall not be less than 1 two years but which may extend to seven years and with fine: provided that for the purpose of this section no cognizance shall be taken of any conviction made more than two years before the commission of the offence which is being punished. 1. subs. by s. 24, ibid., for one year w.e.f. .

section 49. of the water prevention and control of pollution act : 1 1 no court shall take cognizance of any offence under this act except on a complaint made by a a board or any officer authorised in this behalf by it or b any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the board or officer authorised as aforesaid, and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 2 2 where a complaint has been made under clause b of subsection 1, the board shall, on demand by such person, make available the relevant reports in its possession to that person: provided that the board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest. 3 3 notwithstanding anything contained in 4 section 29 of the code of criminal procedure, 2 of , it shall be lawful for any 5 judicial magistrate of the first class or for any metropolitan magistrate to pass a sentence of imprisonment for a term exceeding two years or of fine exceeding two thousand rupees on any person convicted of an offence punishable under this act. 1. subs. by act 53 of , s. 26, for subsection 1 w.e.f. . 2. ins. by s. 26, ibid. w.e.f. . 3. subsection 2 renumbered as subsection 3 thereof by s. 26, ibid. w.e.f. . 4 subs. by act 44 of , s. 19, for section 32 of the code of criminal procedure, 5 of w.e.f. . 5. subs. by s. 19, ibid., for magistrate of the first class or for any presidency magistrate w.e.f. .

section 45a. of the water prevention and control of pollution act : 145a. penalty for contravention of certain provisions of the act.whoever contravenes any of the provisions of this act or fails to comply with any order or direction given under this act, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of a continuing contravention or failure, with an additional fine which may extend to five thousand rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure. 1. ins. by s. 25, ibid. w.e.f. .

section 50. of the water prevention and control of pollution act : all members, officers and servants of a board when acting or purporting to act in pursuance of any of the provisions of this act and the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 51. of the water prevention and control of pollution act : 1 the central government may, by notification in the official gazette, a establish a central water laboratory or b specify any laboratory or institute as a central water laboratory, to carry out the functions entrusted to the central water laboratory under this act. 2 the central government may, after consultation with the central board, make rules prescribing a the functions of the central water laboratory b the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratorys report thereunder and the fees payable in respect of such report c such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

section 46. of the water prevention and control of pollution act : if any person convicted of an offence under this act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offenders name and place of residence, the offence and the penalty imposed to be published at the offenders expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.

section 47. of the water prevention and control of pollution act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where, an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 48. of the water prevention and control of pollution act : where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

section 52. of the water prevention and control of pollution act : 1 the state government may, by notification in the official gazette, a establish a state water laboratory or b specify any laboratory or institute as a state water laboratory, to carry out the functions entrusted to the state water laboratory under this act. 2 the state government may, after consultation with the state board, make rules prescribing a the functions of the state water laboratory b the procedure for the submission to the said laboratory of samples of water or of sewage or trade effluent for analysis or tests, the form of the laboratorys report thereon and the fees payable in respect of such report c such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

section 53. of the water prevention and control of pollution act : 1 the central government may, by notification in the official gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under subsection 1 of section 51. 2 the state government may, by notification in the official gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or specified under subsection 1 of section 52. 3 without prejudice to the provisions of subsection 3 of section 12, the central board or, as the case may be, the state board may, by notification in the official gazette, and with the approval of the central government or the state government, as the case may be, appoint such persons as it thinks fit and having the prescribed qualifications to be board analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any laboratory established or recognised under section 16, or, as the case may be, under section 17.

section 54. of the water prevention and control of pollution act : any document purporting to be a report signed by a government analyst or, as the case may be, a board analyst may be used as evidence of the facts stated therein in any proceeding under this act.

section 56. of the water prevention and control of pollution act : any land required by a state board for the efficient performance of its functions under this act shall be deemed to be needed for a public purpose and such land shall be acquired for the state board under the provisions of the land acquisition act, 1 of , or under any other corresponding law for the time being in force.

section 59. of the water prevention and control of pollution act : no suit or other legal proceedings shall lie against the government or any officer of government or any member or officer of a board in respect of anything which is in good faith done or intended to be done in pursuance of this act or the rules made thereunder.

section 55. of the water prevention and control of pollution act : all local authorities shall render such help and assistance and furnish such information to the board as it may require for the discharge of its functions, and shall make available to the board for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of its functions.

section 57. of the water prevention and control of pollution act : the central board shall furnish to the central government, and a state board shall furnish to the state government and to the central board such reports, returns, statistics, accounts and other information with respect to its fund or activities as that government, or, as the case may be, the central board may, from time to time, require.

section 58. of the water prevention and control of pollution act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority constituted under this act is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 60. of the water prevention and control of pollution act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act.

section 62. of the water prevention and control of pollution act : 1 if at any time the state government is of opinion a that the state board has persistently made default in the performance of the functions imposed on it by or under this act or b that circumstances exist which render it necessary in the public interest so to do, the state government may, by notification in the official gazette, supersede the state board for such period, not exceeding one year, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause a, the state government shall give a reasonable opportunity to the state board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the state board. 2 upon the publication of a notification under subsection 1 superseding the state board, the provisions of subsections 2 and 3 of section 61 shall apply in relation to the supersession of the state board as they apply in relation to the supersession of the central board or a joint board by the central government.

section 64. of the water prevention and control of pollution act : 1 the state government may, simultaneously with the constitution of the state board, make rules to carry out the purposes of this act in respect of matters not falling within the purview of section 63: provided that when the state board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that board. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the terms and conditions of service of the members other than the chairman and the membersecretary of the state board under subsection 8 of section 5 b the time and place of meetings of the state board or of any committee of that board constituted under this act and the procedure to be followed at such meeting, including the quorum necessary for the transaction of business under section 8 and under subsection 2 of section 9 c the fees and allowances to be paid to such members of a committee of the state board as are not members of the board under subsection 3 of section 9 d the manner in which and the purposes for which persons may be associated with the state board under subsection 1 of section 10 1 and the fees and allowances payable to such persons e the terms and conditions of service of the chairman and the membersecretary of the state board under subsection 9 of section 5 and under subsection 1 of section 12 f the conditions subject to which a person may be appointed as a consulting engineer to the state board under subsection 4 of section 12 g the powers and duties to be exercised and discharged by the chairman and the membersecretary of the state board h the form of the notice referred to in section 21 i the form of the report of the state board analyst under subsection 1 of section 22 j the form of the report of the government analyst under subsection 3 of section 22 k the form of application for the consent of the state board under subsection 2 of section 25, and the particulars it may contain l the manner in which inquiry under subsection 3 of section 25 may be made in respect of an application for obtaining consent of the state board and the matters to be taken into account in granting or refusing such consent m the form and manner in which appeals may be filed, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under subsection 3 of section 23 2 n the form in which and the time within which the budget of the state board may be prepared and forwarded to the state government under section 38 nn the form in which the annual report of the state board may be prepared under section 39 o the form in which the accounts of the state board may be maintained under subsection 1 of section 40 3 oo the manner in which notice of intention to make a complaint shall be given to the state board or officer authorised by it under section 49 p any other matter which has to be, or may be, prescribed. 1. ins. by s. 21, ibid. w.e.f. . 2. subs. by act 53 of , s. 28, for clause n w.e.f. . 3. ins. by s. 28, ibid. w.e.f. .

section 61. of the water prevention and control of pollution act : 1 if at any time the central government is of opinion a that the central board or any joint board has persistently made default in the performance of the functions imposed on it by or under this act or b that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the central board or such joint board, as the case may be, for such period, not exceeding one year, as may be specified in the notification: provided that before issuing a notification under this subsection for the reasons mentioned in clause a, the central government shall give a reasonable opportunity to the central board or such joint board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the central board or such joint board, as the case may be. 2 upon the publication of a notification under subsection 1 superseding the central board or any joint board, a all the members shall, as from the date of supersession vacate their offices as such b all the powers, functions and duties which may, by or under this act, be exercised, performed or discharged by the central board or such joint board shall, until the central board or the joint board, as the case may be, is reconstituted under subsection 3 be exercised, performed or discharged by such person or persons as the central government may direct c all property owned or controlled by the central board or such joint board shall, until the central board or the joint board, as the case may be, is reconstituted under subsection 3 vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further term, not exceeding six months, as it may consider necessary or b reconstitute the central board or the joint board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause a of subsection 2 shall not be deemed disqualified for nomination or appointment: provided that the central government may at any time before the expiration of the period of supersession, whether originally specified under subsection 1 or as extended under this subsection, take action under clause b of this subsection.

section 63. of the water prevention and control of pollution act : show related subordinates 1 the central government may, simultaneously with the constitution of the central board, make rules in respect of the matters specified in subsection 2: provided that when the central board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the board. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the terms and conditions of service of the members other than the chairman and membersecretary of the central board under subsection 8 of section 5 b the intervals and the time and place at which meetings of the central board or of any committee thereof constituted under this act, shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business under section 8, and under subsection 2 of section 9 c the fees and allowances to be paid to such members of a committee of the central board as are not members of the board under subsection 3 of section 9 1 d the manner in which and the purposes for which persons may be associated with the central board under subsection 1 of section 10 and the fees and allowances payable to such persons e the terms and conditions of service of the chairman and the membersecretary of the central board under subsection 9 of section 5 and under subsection 1 of section 12 f conditions subject to which a person may be appointed as a consulting engineer to the central board under subsection 4 of section 12 g the powers and duties to be exercised and performed by the chairman and the membersecretary of the central board 2 j the form of the report of the central board analyst under subsection 1 of section 22 k the form of the report of the government analyst under subsection 3 of section 22 3 l the form in which and the time within which the budget of the central board may be prepared and forwarded to the central government under section 38 ll the form in which the annual report of the central board may be prepared under section 39 m the form in which the accounts of the central board may be maintained under section 40 4 mm the manner in which notice of intention to make a complaint shall be given to the central board or officer authorised by it under section 49 n any other matter relating to the central board, including the powers and functions of that board in relation to union territories o any other matter which has to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, 5 before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 44 of , s. 20, for clause d w.e.f. . 2. clauses h and i omitted by s. 20, ibid. w.e.f. . 3. subs. by act 53 of , s. 27, for clause l w.e.f. . 4. ins. by s. 27, ibid. w.e.f. . 5 subs. by act 44 of , s. 20, for certain words w.e.f. .

section 4. of the king of oudhs estate validation act : the sum referred to in section 3 and any further sums which the governor general in council may at any time declare to be surplus monies of the sibtainabad endowment fund as he is hereby empowered to do, and all sums payable in respect of interest on the said share of the said government promissory note accrued due since the 1st of january , or hereafter to accrue due from time to time in respect thereof, are hereby declared to be pensions, and the said share of the said note is hereby declared to be a grant of money within the meaning of the pensions act, xxiii of , and that act shall apply to such sums as if they were pensions of the classes referred to in sections 4 and 11 of the said act and to the said share as if it was a grant of the class referred to in section 4 of the said act, subject, however, to the following modifications, namely: i any claim under section 5 of the said act as applied shall be preferred to such officer as the local government may authorize in this behalf ii the power of commutation conferred by section 10 of the said act shall be exercisable without the consent of the holder where the payment to be made is at a rate less than a rate of rupee one per month and iii the power to make rules conferred by sections 5 and 14 of the said act shall extend to a power to make rules prescribing the persons or classes of persons to whom, and the principles on which, all distributions under this act shall be made.

section 3. 77,856 from the fund. of the king of oudhs estate validation act : the sum of rupees seventyseven thousand eight hundred and fiftysix shall be released from the trusts of the said trust deed, and shall be paid from the surplus monies of the said sibtainabad endowment fund to such officer as the governor general in council may appoint, and shall be distributed in the manner hereinafter provided.

section 1. of the king of oudhs estate validation act : this act may be called the king of oudhs estate validation act, .

section 2. of the king of oudhs estate validation act : notwithstanding anything contained in any enactment or any rule of law to the contrary, the three deeds of conveyance and the trust deed, copies of which are set out in the schedule, and all acts and things done under the said deeds are, save as is hereinafter provided, validated and confirmed: provided that, with effect from the 1st of january , the said trust deed shall be construed as if no reference has been made therein to the share of rupees two hundred thousand of the said government promissory note, and as if the sum of rupees thirteen thousand six hundred and thirtyfour has been mentioned in the twelfth recital thereof instead of the sum of rupees sixteen thousand, and the sum of rupees four hundred thousand instead of the sum of rupees six hundred thousand, and with such further alterations and modifications as this construction may require.

section 6.. of the destruction of records act : repeals. rep. by the repealing act, 12 of , s. 2 and schedule .

section 1. extent. of the destruction of records act : this act may be called the destruction of records act, . 1it extends to the whole of india except 2the territories which, immediately before the 1st november, , were comprised in part b states. state amendment karnataka amendment of section1 of central act v of .in section 1 of the principal act, after the expression except the territories which immediately before the 1st november were comprised in part b states, the expression other than the territories specified in clause a and clause c of subsection 1 of section 7 of the states reorganisation act, central act 37 of shall be added. vide karnataka act 3 of , s. 3. 1. ins. by the a.o. . 2. subs. by the a.o. no. 3 , for part b states .

section 5. of the destruction of records act : nothing in this act shall be deemed to authorise the destruction of any document which, under the provisions of any law for the time being in force, is to be kept and maintained.

section 2.. of the destruction of records act : definitions. rep. by the a.o. .

section 4. of the destruction of records act : all rules and orders directing or authorising the destruction or other disposal of documents in the possession or custody of any public officer, heretofore made by a state government, or with the approval of the state government by any authority not empowered to make such rules under the destruction of records act, 3 of , shall be deemed to have had the force of law from the date on which they were made, and all such rules and orders now in force shall continue to have the force of law until they are superseded by rules made under this act.

section 3. of the destruction of records act : 13. power to certain authorities to make rules for disposal of documents.1 the authorities hereinafter specified may, from time to time, make rules for the disposal, by destruction or otherwise, of such documents as ar e, in the opinion of the authority making the rules, not of sufficient public value to justify their preservation . 2 the authorities shall be a in the case of documents in the possession or custody of a high court or of the courts of civil or criminal jurisdiction subordinate thereto,the high court b in the case of documents in the possession or custody of revenue courts and officers,the chief controlling revenueauthority5 and c in the case of documents in the possession or custo dy of any other public officer, 6i if the documents relate to purposes of a state, the state government or any officer specially authorized in that behalf by tha t government ii in any other case, the central government or an officer specially authorized in that behalf by that government. 73 rules made under this section by any high court or by a chief controlling revenueauthority or by an officer specially authorized in that behalf by any state government shall be subject to the previous approval of the state government and rules made by an officer specially authorized in that behalf by the central government shall be subject to the previous approval of the central government. 1. section 3 has been amended in its application to the u.p. by the u.p. board of revenue act, u.p. 12 of , s. 2 and sch. 2. for definition of chief controlling revenue authority, see the general clauses act, 10 of , s. 3. 3. subs. by the a.o. , for the l.g., or any officer specially authorized in that behalf by the l.g. . 4. subs., ibid., for subsection 3.

section 4. of the usurious loans act : on any application relating to the admission or amount of a proof of a loan in any insolvency proceedings, the court may exercise the like powers as may be exercised under section 3 by a court in a suit to which this act applies.

section 1. of the usurious loans act : 1 this act may be called usurious loans act, . 2 it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states 2. 3 the state government may, by notification in the official gazette, direct that it shall not apply to any area, class of persons, or class of transactions which it may specify in its notification. 1. subs. by the a.o. no. 3 , for part b states. 2. the words including british baluchistan omitted by the a.o. .

section 2. of the usurious loans act : in this act, unless there is anything repugnant in the subject or context, 1 interest means rate of interest and includes the return to be made over and above what was actually lent, whether the same is charged or sought to be recovered specifically by way of interest or otherwise. 2 loan means a loan whether of money or in kind and includes any transaction which is, in the opinion of the court, in substance a loan. 3 suit to which this act applies means any suit a for the recovery of a loan made after the commencement of this act or b for the enforcement of any security taken or any agreement, whether by way of settlement of account or otherwise, made, after the commencement of this act, in respect of any loan made either before or after the commencement of this act 1or c for the redemption of any security given after the commencement of this act in respect of any loan made either before or after the commencement of this act. 1. ins. by act 28 of , s. 2.

section 3. of the usurious loans act : 1 notwithstanding anything in the usury laws repeal act, 28 of , where, in any suit to which this act applies, whether heard ex parte or otherwise, the court has reason to believe, a that the interest is excessive and b that the transaction was, as between the parties thereto, substantially unfair, the court may exercise all or any of the following powers, namely, may, i reopen the transaction, take an account between the parties, and relieve the debtor of all liability in respect of any excessive interest ii notwithstanding any agreement, purporting to close previous dealings and to create a new obligation, reopen any account already taken between them and relieve the debtor of all liability in respect of any excessive interest, and if anything has been paid or allowed in account in respect of such liability, order the creditor to repay any sum which it considers to be repayable in respect thereof iii set aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the creditor has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem just: provided that, in the exercise of these powers, the court shall not i reopen any agreement purporting to close previous dealings and to create a new obligation which has been entered into by the parties or any persons from whom they claim at a date more than 1twelve years from the date of the transaction ii do anything which affects any decree of a court. explanation.in the case of a suit brought on a series of transactions the expression the transaction means, for the purposes of proviso i, the first of such transactions. 2 a in this section excessive means in excess of that which the court deems to be reasonable having regard to the risk incurred as it appeared, or must be taken to have appeared, to the creditor at the date of the loan. b in considering whether interest is excessive under this section, the court shall take into account any amounts charged or paid, whether in money or in kind, for expenses, inquiries, fines, bonuses, premia, renewals or any other charges, and if compound interest is charged, the periods at which it is calculated, and the total advantage which may reasonably be taken to have been expected from the transaction. c in considering the question of risk, the court shall take into account the presence or absence of security and the value thereof, the financial condition of the debtor and the result of any previous transactions of the debtor, by way of loan, so far as the same were known, or must be taken to have been known, to the creditor. d in considering whether a transaction was substantially unfair, the court shall take into account all circumstances materially affecting the relations of the parties at the time of the loan or tending to show that the transaction was unfair, including the necessities or supposed necessities of the debtor at the time of the loan so far as the same were known, or must be taken to have been known, to the creditor. explanation.interest may of itself be sufficient evidence that the transaction was substantially unfair. 3 this section shall apply to any suit, whatever its form may be, if such suit is substantially one for the recovery of a loan or for the enforcement of any agreement or security in respect of a loan 2or for the redemption of any such security. 4 nothing in this section shall affect the rights of any transferee for value who satisfies the court that the transfer to him was bona fide, and that he had at the time of such transfer no notice of any fact which would have entitled the debtor as against the lender to relief under this section. for the purposes of this subsection, the word notice shall have the same meaning as is ascribed to it in section 4 of the transfer of property act, 4 of . 5 nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any court. 1. subs. by act 28 of , s. 3, for six. 2. ins. by s. 3, ibid.

section 6. of the urban land ceiling and regulation repeal act : 1 the urban land ceiling and regulation repeal ordinance, ord. 5 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 1. of the urban land ceiling and regulation repeal act : 1 this act may be called the urban land ceiling and regulation repeal act, . 2 it applies in the first instance to the whole of the states of haryana and punjab and to all the union territories and it shall apply to such other state which adopts this act by resolution passed in that behalf under clause 2 of article 252 of the constitution. 3 it shall be deemed to have come into force in the states of haryana and punjab and in all the union territories on the 11th day of january, and in any other state which adopts this act under clause 2 of article 252 of the constitution on the date of such adoption and the reference to repeal of the urban land ceiling and regulation act, shall, in relation to any state or union territory, mean the date on which this act comes into force in such state or union territory.

section 5. of the urban land ceiling and regulation repeal act : all proceedings relating to any order made or purported to be made under the principal act pending immediately before the commencement of this act, before any court, tribunal or other authority shall abate: provided that this section shall not apply to the proceedings relating to section 11, 12, 13 ad 14 of the principal act in so far as such proceedings are relatable to the land, possession of which has been taken over by the state government or any person duly authorised by the state government in this behalf or by the competent authority.

section 3. of the urban land ceiling and regulation repeal act : the urban land ceiling and regulation act, hereinafter referred to as the principal act is hereby repealed.

section 4. of the urban land ceiling and regulation repeal act : 1 the repeal of the principal act shall not affect a the vesting of any vacant land under subsection 3 of section 10, possession of which has been taken over by the state government or any person duly authorised by the state government in this behalf or by the competent authority b the validity of any order granting exemption under subsection 1 of section 20 or any action taken thereunder, notwithstanding any judgment of any court to the contrary c any payment made to the state government as a condition for granting exemption under subsection 1 of section 20. 2 where a any land is deemed to have vested in the state government under subsection 3 of section 10 of the principal act but possession of which has not been taken over by the state government or any person duly authorised by the state government in this behalf or by the competent authority and b any amount has been paid by the state government with respect to such land, then, such land shall not be restored unless the amount paid, if any, has been refunded to the state government.

section 6. of the central laws extension to jammu and kashmir act : 1 if any difficulty arises in giving effect to the provisions of any act now extended to the state of jammu and kashmir, the central government may, by order notified in the official gazette, make such provisions or give such directions as appear to it necessary for the removal of the difficulty. 2 in particular, and without prejudice to the generality of the foregoing power, any such notified order may, a specify the corresponding authorities within the meaning of section 4, b provide for transfer of any matter pending immediately before the commencement of this act before any court, tribunal or other authority, to any corresponding court, tribunal or other authority for disposal, c specify the areas or circumstances in which, or the extent to which, or the conditions subject to which, anything done or any action taken including any of the matters specified in the second proviso to section 5 under any law repealed by that section shall be recognised or given effect to under the corresponding provision of the act now extended. .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 1. of the central laws extension to jammu and kashmir act : show related subordinates 1 this act may be called the central laws extension to jammu and kashmir act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th august, , vide notification no. g.s.r. , dated 2nd july, , see gazette of india, extraordinary, part ii, sec. 3i.

section 5. of the central laws extension to jammu and kashmir act : if immediately before the commencement of this act there is in force in the state of jammu and kashmir any law corresponding to any act now extended to that state, that law shall, save as otherwise expressly provided in this act, stand repealed on such commencement: provided that the repeal shall not affect a the previous operation of any law so repealed or anything duly done or suffered thereunder, b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, c any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had not been passed: provided further that, subject to the preceding proviso, anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, form, byelaw or scheme framed, certificate obtained, permit or licence granted or registration effected under any such law shall be deemed to have been done or taken under the corresponding provisions of the act now extended to that state, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said act. .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the central laws extension to jammu and kashmir act : 1 the acts mentioned in the schedule and all rules, orders and regulations made thereunder are hereby extended to, and shall be in force in the state of jammu and kashmir. 2 with effect from the commencement of this act, the acts mentioned in the schedule shall be amended as specified therein. .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 3. of the central laws extension to jammu and kashmir act : any reference in any act mentioned in the schedule to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state. .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 4. of the central laws extension to jammu and kashmir act : any reference by whatever form of words in any law for the time being in force in the state of jammu and kashmir to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that state shall, where a corresponding new authority has been constituted by or under any law now extended to that state, have effect as if it were a reference to the new authority. .vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the high court at bombay extension of jurisdiction to goa daman and diu act : any person who, immediately before the appointed day, is an advocate entitled to practise in the court of the judicial commissioner and was authorised to appear or to act in any proceedings transferred from that court under section 7, shall have the right to appear or to act, as the case may be, in the high court at bombay in relation to those proceedings.

The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

section 1. of the high court at bombay extension of jurisdiction to goa daman and diu act : show related subordinates 1 this act may be called the high court at bombay extension of jurisdiction to goa, daman and diu act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 30th october, , vide notification no. g.s.r. 592e, dated 8th october, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the high court at bombay extension of jurisdiction to goa daman and diu act : 1 all proceedings pending in the court of the judicial commissioner immediately before the appointed day shall stand transferred to the high court at bombay. 2 every proceeding transferred under subsection 1 shall be disposed of by the high court at bombay as if such proceeding were entertained by that high court. 3 any order made before the appointed day by the court of the judicial commissioner shall, for all purposes, have effect not only as an order of that court but also as an order of the high court at bombay.

section 5. of the high court at bombay extension of jurisdiction to goa daman and diu act : the provisions of chapter vi of part vi of the constitution shall apply to the high court at bombay in relation to the exercise of its jurisdiction to the union territory of goa, daman and diu, subject to the following exceptions and modifications, namely: a the references in the said chapter to state except where it occurs in the expression governor of the state shall be construed as references to the union territory of goa, daman and diu b in clause 1 of article 233 and in article 234, the references to the governor of the state, and in article 237, the reference to the governor, shall be construed as references to the administrator of the union territory of goa, daman and diu c the provisions of article 233a shall not apply d in article 234, the reference to the state public service commission shall be construed as a reference to the union public service commission.

section 6. of the high court at bombay extension of jurisdiction to goa daman and diu act : subject to any rule made or direction given by the high court at bombay in this behalf, any person who, immediately before the appointed day, is an advocate entitled to practise in the court of the judicial commissioner shall be entitled to practise as an advocate in the high court at bombay.

section 4. of the high court at bombay extension of jurisdiction to goa daman and diu act : on and from the appointed day, the high court at bombay shall have, in respect of the territories included in the union territory of goa, daman and diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of the said territories by the court of the judicial commissioner.

section 2. of the high court at bombay extension of jurisdiction to goa daman and diu act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b court of the judicial commissioner means the court of the judicial commissioner for goa, daman and diu.

section 3. of the high court at bombay extension of jurisdiction to goa daman and diu act : 1 on and from the appointed day, the jurisdiction of the high court at bombay shall extend to the union territory of goa, daman and diu. 2 on and from the appointed day, the court of the judicial commissioner shall cease to function and is hereby abolished: provided that nothing in this subsection shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the court of the judicial commissioner, abolished by this subsection, under the powers then conferred upon that court.

section 9. of the high court at bombay extension of jurisdiction to goa daman and diu act : on and from the appointed day, there shall be established a permanent bench of the high court at bombay at panaji and such judges of the high court at bombay, being not less than two in number, as the chief justice of that high court may, from time to time, nominate, shall sit at panaji in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the union territory of goa, daman and diu: provided that the chief justice of that high court may, in his discretion order that any case or class of cases arising in such territory shall be heard at bombay.

section 10. of the high court at bombay extension of jurisdiction to goa daman and diu act : the expenditure in respect of the high court at bombay, including the expenditure in respect of the salaries and allowances of the judges, officers and servants of the high court shall, as from the appointed day, be allocated between the state of maharashtra and the union in such proportion as the president may, by order, determine.

section 14. of the high court at bombay extension of jurisdiction to goa daman and diu act : for the purpose of facilitating the application of any law in relation to the union territory of goa, daman and diu, the central government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient to give effect to the provisions of this act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.

section 11. of the high court at bombay extension of jurisdiction to goa daman and diu act : references in any law in force in the union territory of goa, daman and diu to the court of the judicial commissioner shall, on and from the appointed day, be construed in relation to that territory as references to the high court at bombay.

section 12. of the high court at bombay extension of jurisdiction to goa daman and diu act : amendment of goa, daman and diu act 16 of .rep. by the repealing and amending act, 19 of s.2 and the first schedule w.e.f. .

section 13. of the high court at bombay extension of jurisdiction to goa daman and diu act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order notified in the official gazette, make such provision, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 8. of the pondicherry university act : 1 the university shall be open to persons of either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the weaker sections of the people and, in particular, of the scheduled castes and the scheduled tribes. 2 french nationals of indian origin who have been permitted to longterm residence in the union territory of pondicherry under the provisions of the treaty of cession shall also be eligible for admission to the university. explanation.treaty of cession has the meaning assigned to it in the pondicherry administration act, 49 of .

section 1. of the pondicherry university act : 1 this act may be called the pondicherry university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 16th october, , vide notification no. s.o. 751e, dated 14th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 4. of the pondicherry university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for studies in french and for integrated courses for humanity and science in the educational programmes of the university and to take appropriate measures for promoting interdisciplinary studies and research in the university.

section 7. of the pondicherry university act : 1 the jurisdiction of the university shall extend to the whole of the union territory of pondicherry: provided that the university may, at the request of the administrator of the union territory of the andaman and nicobar islands or of the union territory of lakshadweep and with the prior approval of the central government, extend its jurisdiction to those territories. 2 no college or institution situated within the local limits of the jurisdiction of the university shall be compulsorily affiliated to the university and affiliation shall be granted by the university only to such colleges or institutions as may agree to accept the statutes and ordinances. 3 any college or institution admitted to the privileges of the university shall cease to be associated with, or be admitted to the privileges of, any other university. 4 no college or institution situated within the local limits of the jurisdiction of the university, but not admitted to its privileges, shall be associated with, or be admitted to the privileges of, any other university except with the previous approval of the administrator of the union territory in which such college or institution is situated.

section 5. of the pondicherry university act : the university shall have the following powers, namely: 1 to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge 2 to provide for and organise studies in french 3 to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause 4 to organise and to undertake extramural studies and extension services 5 to confer honorary degrees or other distinctions in the manner prescribed by the statutes 6 to provide, instruction, including correspondence and such other courses, to such persons as are not members of the university, as it may determine 7 to institute principalships, professorships, readerships, lecturerships and other teaching or academic posts required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts 8 to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition 9 to recognise persons for imparting instruction in any college or institution admitted to the privileges of the university 10 to appoint persons working in any other university or organisation as teachers of the university for a specified period 11 to create administrative, ministerial and other posts and to make appointments thereto 12 to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine 13 to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects 14 to institute and award fellowships, scholarships, studentships, medals and prizes 15 to establish and maintain colleges, institutions and halls 16 to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as the university may deem necessary 17 to admit to its privileges colleges and institutions not maintaned by the university to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the statutes and to recognise halls not maintained by the university and to withdraw any such recognition 18 to declare a college, an institution or a department as an autonomous college or an institution or a department, as the case may be 19 to determine standards for admission into the university, which may include examination, evaluation or any other method of testing 20 to demand and receive payment of fees and other charges 21 to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare 22 to make special arrangements in respect of women students as the university may consider desirable 23 to regulate and enforce discipline among the employees and students of the university and take such disciplinary measures in this regard as may be deemed by the university to be necessary 24 to make arrangements for promoting the health and general welfare of the employees 25 to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university 26 to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university 27 to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

section 9. of the pondicherry university act : 1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university or admitted to its privileges and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 3 the visitor shall, in every case, give notice of his intention to cause an inspection or inquiry to be made, a to the university, if such inspection or inquiry is to be made in respect of the university, college or institution maintained by it, or b to the management of the college or institution, if the inspection or inquiry is to be made in respect of a college or an institution admitted to the privileges of the university, and the university or the management, as the case may be, shall have the right to make such representations to the visitor, as it may consider necessary. 4 after considering the representations, if any, made by the university or the management, as the case may be, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where any inspection or inquiry has been caused to be made by the visitor, the university or the management, as the case may be, shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 6 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may be pleased to offer upon the action to be taken thereon. 7 the visitor may, if the inspection or inquiry is made in respect of any college or institution admitted to the privileges of the university, address the management concerned through the vicechancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon. 8 the executive council or the management, as the case may be, shall communicate through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 9 where the executive council or the management does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council or management, issue such directions as he may think fit and the executive council or management, as the case may be, shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statutes.

section 3. of the pondicherry university act : 1 there shall be established a university by the name of pondicherry university. 2 the headquarters of the university shall be at pondicherry and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted by a body corporate by the name of pondicherry university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 10. of the pondicherry university act : the administrator of the union territory of pondicherry shall be the chief rector of the university.

section 2. of the pondicherry university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor and vicechancellor mean, respectively, the chancellor and vicechancellor of the university e college means a college maintained by, or admitted to the privileges of, the university f court means the court of the university g department means a department of studies, and includes a centre of studies h director means any of the directors referred to in clauses 3, 4 and 5 of section 11 i employee means any person appointed by the university, and includes teachers and other staff of the university j executive council means the executive council of the university k hall means a unit of residence or of corporate life for the students of the university, college or institution, provided, maintained or recognised by the university l institution means an academic institution, not being a college, maintained by, or admitted to the privileges of the university m principal means the head of a college or an institution, and includes where there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or acting principal, a viceprincipal duly appointed as such n recognised institution means an institution of higher learning recognised by the university o recognised teachers means such persons as are recognised by the university for the purpose of imparting instruction in a college or an institution admitted to the privileges of the university p school means a school of studies of the university q statutes, ordinances and regulations mean, respectively, the statutes, ordinances and regulations of the university for the time being in force r teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances s university means the pondicherry university.

section 6. of the pondicherry university act : the university shall also establish a school for studies in eastern and western thought to be known as sri aurobindo school of eastern and western thought and another school for studies in tamil language and literature to be known as subramania bharati school of tamil language and literature.

section 11. of the pondicherry university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the director of studies, educational innovations and rural reconstruction 4 the director of culture and cultural relations 5 the director of physical education, sports, national service and students welfare 6 the deans of schools 7 the registrar 8 the finance officer and 9 such other officers as may be declared by the statutes to be officers of the university.

section 12. of the pondicherry university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 18. of the pondicherry university act : the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes.

section 13. of the pondicherry university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes or ordinances.

section 14. of the pondicherry university act : the directors shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 15. of the pondicherry university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 16. of the pondicherry university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other duties as may be prescribed by the statutes.

section 17. of the pondicherry university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 19. of the pondicherry university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the boards of schools 5 the planning board and 6 such other authorities as may be declared by the statutes to be authorities of the university.

section 20. of the pondicherry university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 26. of the pondicherry university act : 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statute or addition to the statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1 during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament.

section 21. of the pondicherry university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 22. of the pondicherry university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and duties shall be prescribed by the statutes.

section 24. of the pondicherry university act : the constitution, powers and functions of the boards of schools and of such other authorities, as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes.

section 25. of the pondicherry university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers of the university and other academic staff and their emoluments e the appointment of teachers and other academic staff working in any other university or organisation for a specified period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing seniority of service of employees h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the establishment and recognition of students union or associations of teachers, academic staff or other employees k the participation of students in the affairs of the university l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowhips, scholarships, studentships, medals and prizes o the maintenance of discipline among the students p the establishment and abolition of schools, departments, halls, colleges and institutions q the conditions under which colleges and institutions may be admitted to the privileges of the university and the withdrawal of such privileges r the delegation of powers vested in the authorities or officers of the university and s all other matters which by this act are to be, or may be, provided by the statutes.

section 23. of the pondicherry university act : 1 there shall be constituted in the university, a planning board, which shall be an authority of the university. 2 the constitution of the planning board, term of office of its members and its powers and duties shall be prescribed by the statutes.

section 27. of the pondicherry university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions of award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them j the appointment and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necssary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the supervision and management of colleges and institutions admitted to the privileges of the university and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 34. of the pondicherry university act : 1 the university shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 28. of the pondicherry university act : the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes.

section 29. of the pondicherry university act : 1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or after such date as may be prescribed by statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 30. of the pondicherry university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india. 2 the annual accounts when audited shall be published in the gazette of india and a copy of the accounts together with the report of the comptroller and auditorgeneral shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the annual accounts, together with the report of the comptroller and auditorgeneral, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 35. of the pondicherry university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 31. of the pondicherry university act : 1 every employee shall be appointed under a written contract which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of a contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. the decision of the tribnal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 10 of .

section 32. of the pondicherry university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsection 2 of section 31 shall, as far as may be, apply to a reference made under this subsection.

section 33. of the pondicherry university act : every employee or student of the university or of a college or institution shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of the principal or the management of any college or institution, as the case may be, and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 36. of the pondicherry university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person if any as the authority in each case may think fit.

section 43. of the pondicherry university act : notwithstanding anything contained in this act, or in the statutes or the ordinances, any student of a college or institution, who, immediately before the admission of such college or institution to the privileges of the pondicherry university, was studying for a degree, diploma or certificate of the university of madras, the university of calicut or the andhra university, shall be permitted by the pondicherry university to complete his courses for that degree, diploma or certificate, as the case may be, and the pondicherry university and such college or institution shall provide for the instructions and examination of such student in accordance with the syllabus of studies of the respective university.

section 37. of the pondicherry university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and the person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 38. of the pondicherry university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 40. of the pondicherry university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 41. of the pondicherry university act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act.

section 44. of the pondicherry university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation.

section 39. of the pondicherry university act : no suit or other legal proceedings shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 42. of the pondicherry university act : notwithstanding anything contained in this act and the statutes, a the first chancellor and the first vicechancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the first academic council shall be constituted on the expiry of a period of six months from the commencement of this act and during the said period of six months, the powers of the academic council shall be performed by the planning board constituted under section 23 e the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.

section 8. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 the specified warning on a package of cigarettes or any other tobacco products shall be a legible and prominent b conspicuous as to size and colour c in such style or type of lettering as to be boldly and clearly presented in distinct contrast to any other type, lettering or graphic material used on the package or its label and shall be printed, painted or inscribed on the package in a colour which contrasts conspicuously with the background of the package or its labels. 2 the manner in which a specified warning shall be printed, painted or inscribed on a package of cigarettes or any other tobacco products shall be such as may be specified in the rules made under this act. 3 every package containing cigarettes or any other tobacco products shall be so packed as to ensure that the specified warning appearing thereon, or on its label, is, before the package is opened, visible to the consumer.

The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003

section 1. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 this act may be called the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce, production, supply and distribution act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 1st december, , subsections 1, 2, 3 and 4 of sec. 7, ss. 8, 9, 10 and 20, vide notification no. s.o. e, dated 16th november, , see gazette of india, extraordinary, part ii, sec 3ii.

section 7. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : show related subordinates 1 no person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him bears thereon, or on its label 1such specified warning including a pictorial warning as may be prescribed. 2 no person shall carry on trade or commerce in cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products sold, supplied or distributed by him bears thereon, or on its label, the specified warning. 3 no person shall import cigarettes or any other tobacco products for distribution or supply for a valuable consideration or for sale in india unless every package of cigarettes or any other tobacco products so imported by him bears thereon, or on its label, the specified warning. 4 the specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable consideration. 5 no person shall, directly or indirectly, produce, supply or distribute cigarettes or any other tobacco products unless every package of cigarettes or any other tobacco products produced, supplied or distributed by him indicates thereon, or on its label, the nicotine and tar contents on each cigarette or as the case may be on other tobacco products along with the maximum permissible limits thereof: provided that the nicotine and tar contents shall not exceed the maximum permissible quantity thereof as may be prescribed by rules made under this act. 1. subs. by act 38 of , s. 2, for certain words w.e.f. .

section 2. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : it is hereby declared that it is expedient in the public interest that the union should take under its control the tobacco industry.

section 3. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : in this act, unless the context otherwise requires, a advertisement includes any visible representation by way of notice, circular, label, wrapper or other document and also includes any announcement made orally or by any means of producing or transmitting light, sound, smoke or gas b cigarette includes, i any roll of tobacco wrapped in paper or in any other substance not containing tobacco, ii any roll of tobacco wrapped in any substance containing tobacco, which, by reason of its appearance, the type of tobacco used in the filter, or its packaging and labelling is likely to be offered to, or purchased by, consumers as cigarette, but does not include beedi, cheroot and cigar c distribution includes distribution by way of samples, whether free or otherwise d export, with its grammatical variations and cognate expressions, means taking out of india to a place outside india e foreign language means a language which is neither an indian language nor the english language f import, with its grammatical variations and cognate expressions, means bringing into india from a place outside india g indian language means a language specified in the eighth schedule to the constitution, and includes any dialect of such language h label means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package i package includes a wrapper, box, carton, tin or other container j prescribed means prescribed by rules made under this act k production, with its grammatical variations and cognate expressions, includes the making of cigarettes, cigars, cheroots, beedis, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, pan masala or any chewing material having tobacco as one of its ingredients by whatever name called or snuff and shall include i packing, labelling or relabelling, of containers ii repacking from bulk packages to retail packages and iii the adoption of any other method to render the tobacco product marketable l public place means any place to which the public have access, whether as of right or not, and includes auditorium, hospital buildings, railway waiting room, amusement centres, restaurants, public offices, court buildings, educational institutions, libraries, public conveyances and the like which are visited by general public but does not include any open space m sale, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale n smoking, means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments o specified warning means such warnings against the use of cigarettes or other tobacco products to be printed, painted or inscribed on packages of cigarettes or other tobacco products in such form and manner as may be prescribed by rules made under this act p tobacco products means the products specified in the schedule. state amendment maharashtra amendment of section 3 of act 34 of .in section 3 of the cigarettes and other tabacco products prohibition of advertisement and regulation of trade and commerce, production, supply and distribution act, hereinafter referred to as the principal act, after clause e, the following clause shall be inserted, namely: ee hookah bar means an establishment where people gather to smoke tobacco from a community hookah or narghile which is provided individually vide maharashtra act 60 of , s. 2. gujarat amendment of section 3 of act 34 of .in the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce, production, supply and distribution act, hereinafter referred to as the principal act, in section 3, after clause e, the following clause shall be inserted, namely: ee hookah bar means an establishment where people gather to smoke tobacco from a communal hookah or narghile which is provided individually. vide gujarat act 27 of , s. 2. rajasthan amendment of section 3, central act no. 34 of .in section 3 of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce, production, supply and distribution act, central act no. 34 of , hereinafter referred to as the principal act, after the existing clause e and before the existing clause f, the following clause shall be inserted, namely: ee hookah bar means an establishment where people gather to smoke tobacco from a communal hookah or narghile which is provided individually. vide rajasthan act 1 of , s. 2.

section 9. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 where the language used on a package containing cigarettes and any other tobacco products or on its label is a english, the specified warning shall be expressed in the english language b any indian language or languages, the specified warning shall be expressed in such indian language or languages c both english and one or more indian languages, the specified warning shall be expressed in the english language as well as in such indian language or languages d partly english and partly any indian language or languages, the specified warning shall be expressed in the english language as well as in such indian language or languages e any foreign language, the specified warning shall be expressed in the english language f partly any foreign language and partly english or any indian language or languages, the specified warning shall be expressed in the english language as well as in such indian language or languages. 2 no package of cigarettes or any other tobacco products or its label shall contain any matter or statement which is inconsistent with, or detracts from, the specified warning.

section 6. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : show related subordinates no person shall sell, offer for sale, or permit sale of, cigarette or any other tobacco product a to any person who is under eighteen years of age, and b in an area within a radius of one hundred yards of any educational institution.

section 4. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : no person shall smoke in any public place: provided that in a hotel having thirty rooms or a restaurant having seating capacity of thirty persons or more and in the airports, a separate provision for smoking area or space may be made. state amendment gujarat insertion of new section 4a is act 34 of .in the principal act, after section 4, the following section shall be inserted, namely: prohibition of hookah bar.4a.notwithstanding anything contained in this act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house. explanation. the term eating house shall have the same meaning as assigned to it by clause 5a of section 2 of the gujarat police act, bom. xxii of .. vide gujarat act 27 of , s. 3. maharashtra insertion of new section 4a in act 34 of .after section 4 of the principal act, the following section shall be inserted, namely: prohibition of hookab bar.4a.notwithstading anything contained in this act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house. explanation.the term eating house shall have the same meaning as assigned to it in clause 5a of section 2 of the maharashtra police act xxii of .. vide maharashtra act 60 of , s. 3. rajasthan insertion of new section 4a, central act no. 34 of .after the existing section 4 and before the existing section 5 of the principal act, the following shall be inserted, namely: 4a. prohibition of hookah bar.notwithstanding anything contained in this act, no person shall, either on his own or on behalf of any other person, open or run any hookah bar in any place including the eating house. explanation.the term eating house means any place where food or refreshment of any kind is provided for visitors or sold for consumption therein.. viderajasthan act 1 of , s. 3.

section 5. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 no person engaged in, or purported to be engaged in the production, supply or distribution of cigarettes or any other tobacco products shall advertise and no person having control over a medium shall cause to be advertised cigarettes or any other tobacco products through that medium and no person shall take part in any advertisement which directly or indirectly suggests or promotes the use or consumption of cigarettes or any other tobacco products. 2 no person, for any direct or indirect pecuniary benefit, shall a display, cause to display, or permit or authorise to display any advertisement of cigarettes or any other tobacco product or b sell or cause to sell, or permit or authorise to sell a film or video tape containing advertisement of cigarettes or any other tobacco product or c distribute, cause to distribute, or permit or authorise to distribute to the public any leaflet, handbill or document which is or which contains an advertisement of cigarettes or any other tobacco product or d erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall display in any manner whatsoever in any place any advertisement of cigarettes or any other tobacco product: provided that this subsection shall not apply in relation to a an advertisement of cigarettes or any other tobacco product in or on a package containing cigarettes or any other tobacco product b advertisement of cigarettes or any other tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale. 3 no person, shall, under a contract or otherwise promote or agree to promote the use or consumption of a cigarettes or any other tobacco product or b any trade mark or brand name of cigarettes or any other tobacco product in exchange for a sponsorship, gift, prize or scholarship given or agreed to be given by another person.

section 10. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : no specified warning or indication of nicotine and tar contents in cigarettes and any other tobacco products shall be deemed to be in accordance with the provisions of this act if the height of each letter or figure, or both the used on such warning and indication is less than the height as may be prescribed by rules made under this act.

section 17. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : any confiscation of cigarettes or any other tobacco products may be adjudged or costs may be ordered to be paid, a without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made, costs have been ordered to be paid, b subject to such limits as may be specified by the central government in this behalf, by such other court, not below a civil court having pecuniary jurisdiction exceeding rupees five thousand, as the central government may, by notification in the official gazette, authorise in this behalf.

section 11. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : for purposes of testing the nicotine and tar contents in cigarettes and any other tobacco products the central government shall by notification in the official gazette grant recognition to such testing laboratory as that government may deem necessary.

section 12. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 any police officer, not below the rank of a subinspector or any officer of state food or drug administration or any other officer, holding the equivalent rank being not below the rank of subinspector of police, authorise side by the central government or by the state government may, if he has any reason to suspect that any provision of this act has been, or is being, contravened, enter and search in the manner prescribed, at any reasonable time, any factory, building, business premises or any other place, a where any trade or commerce in cigarettes or any other tobacco products is carried on or cigarettes or any other tobacco products are produced, supplied or distributed or b where any advertisement of the cigarettes or any other tobacco products has been or is being made. 2 the provisions of the code of criminal procedure, 2 of , shall apply to every search and seizure made under this act. state amendment gujarat amendment of section 12 of act 34 of .in the principal act, in section 12, in subsection 1, i in clause b, the words or shall be added at the end ii after clause b, the following clause shall be added, namely: c where any hookas bar is being run.. vide gujarat act 27 of , s. 4. maharashtra amendment of section 12 of act 34 of .in section 12 of the principal act, in subsection 1, i in clause b, after the word made the word or shall be added ii after clause b, the following clause shall be added, namely: c where any hookah bar is being run.. videmaharashtra act 60 of , s. 4. rajasthan amendment of section 12, central act no. 34 of .in the existing subsection 1 of section 12 of the principal act, i in clause b, for the existing punctuation mark. appearing at the end, the expression or shall be substituted ii after the clause b, so amended, the following shall be added, namely: c where any hookah bar is being run. viderajasthan act 1 of , s. 4.

section 13. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 if any police officer, not below the rank of a subinspector or any officer of state food or drug administration or any other officer, holding the equivalent rank being not below the rank of subinspector of police, authorised by the central government or by the state government, has any reason to believe that, a in respect of any package of cigarettes or any other tobacco products, or b in respect of any advertisement of cigarettes or any other tobacco products, the provisions of this act have been, or are being, contravened, he may seize such package or advertisement material in the manner prescribed. 2 no package of cigarettes or any other tobacco products or advertisement material seized under clause a of subsection 1 shall be retained by the officer who seized the package or advertisement material for a period exceeding ninety days from the date of the seizure unless the approval of the district judge, within the local limits of whose jurisdiction such seizure was made, has been obtained for such retention. state amendment gujarat insertion of new section 13a in act 34 of .in the principal act, after section 13, the following section shall be inserted, namely: power to seize.13a if any police officer, not below the rank of a subinspector, authorized by the state government, has reason to believe that the provisions of section 4a have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.. vide gujarat act 27 of , s. 5. maharashtra insertion of new section 13a in act 34 of .after section 13 of the principal act, the following section shall be inserted, namely: power to seize.13a.if any police officer, not below the rank of assistant police inspector, authorized by the state government, has reason to believe that the provisions 4a have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.. vide maharashtra act 60 of , s. 5. rajasthan insertion of new section 13a, central act no. 34 of .after the existing section 13 and before the existing section 14 of the principal act, the following shall be inserted, namely: 13a. power to seize.if any police officer, not below the rank of subinspector, authorized by the state government, has reason to believe that the provisions of section 4a have been, or are being, contravened, he may seize any material or article used as a subject or means of hookah bar.. vide rajasthan act 1 of , s. 5.

section 14. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : any package of cigarettes or any other tobacco products or any advertisement material of cigarettes or any other tobacco products, in respect of which any provision of this act has been or is being contravened, shall be liable to be confiscated: provided that, where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or control any such package of cigarettes or any other tobacco products is found is not responsible for the contravention of the provisions of this act, the court may, instead of making an order for the confiscation of such package, make such other order authorised by this act against the person guilty of the breach of the provisions of this act as it may think fit.

section 16. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : no confiscation made, costs ordered to be paid under this act shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this act or under any other law.

section 18. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 no order adjudging confiscation or directing payment of costs shall be made unless the owner or person in possession of the package of cigarettes or any other tobacco products has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such package, and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation mentioned therein, and, if he so desires, of being heard personally or through a representative in the matter: provided that, where no such notice is given within a period of ninety days from the date of the seizure of the package of cigarettes or of any other tobacco products, such package shall be returned, after the expiry of that period, to the owner or the person from whose possession it was seized. 2 save as otherwise provided in subsection 1, the provisions of the code of civil procedure, 5 of , shall, as far as may be, apply to every proceeding referred to in subsection 1.

section 15. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 whenever any confiscation of any package of cigarettes or any other tobacco products is authorised by this act, the court adjudging it may, subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner thereof an option to pay, in lieu of confiscation, costs which shall be equal to the value of the goods confiscated. 2 on payment of the costs ordered by the court, the seized packages shall be returned to the person from whom they were seized on condition that such person shall, before making any distribution, sale or supply of such packages of cigarettes or other tobacco products, get the specified warning and indication of nicotine and tar contents incorporated on each such package.

section 19. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 any person, aggrieved by any decision of the court adjudging a confiscation, ordering the payment of costs, may prefer an appeal to the court to which an appeal lies from the decision of such court. 2 the appellate court may, after giving to the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or reversing the decision or order appealed against or may send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence, if necessary: provided that an order enhancing any fine in lieu of confiscation or confiscating of goods of greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and, if he so desires, of being heard in person or through a representative in his defence. 3 no further appeal shall lie against the order of the court of appeal.

section 21. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 whoever contravenes the provisions of section 4 shall be punishable with fine which may extend to two hundred rupees. 2 an offence under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the code of criminal procedure, 2 of . state amendment gujarat insertion of new section 21a in act 34 of . in the principal act, after section 21, the following section shall be inserted, namely: punishment for running hookas bar.21a. whoever contravenes the provisions of section 4a shall be punishable with imprisonment which may extend to three years but which shall not be less that one year and with fine which may extend to fifty thousand rupees but which shall not be less than twenty thousand rupees.. vide gujarat act 27 of , s. 6. maharashtra insertion of new section 21a in act 34 of .after section 21 of the principal act, the following section shall be inserted, namely: punishment for running hookah bar.21a.whoever contravenes the provisions of section 4a, shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.. vide maharashtra act 60 of , s. 6. rajasthan insertion of new section 21a, central act no. 34 of .after the existing section 21 and before the existing section 22 of the principal act, the following shall be inserted, namely: 21a. punishment for running hookah bar.whoever contravenes the provisions of section 4a, shall be punishable with imprisonment for a term which may extend to three years but which shall not be less than one year and with fine which may extend to one lakh rupees but which shall not be less than fifty thousand rupees.. vide rajasthan act 1 of , s. 6.

section 26. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 20. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 any person who produces or manufactures cigarettes or tobacco products, which do not contain, either on the package or on their label, the specified warning and the nicotine and tar contents, shall in the case of first conviction be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, and for the second or subsequent conviction, with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees. 2 any person who sells or distributes cigarettes or tobacco products which do not contain either on the package or on their label, the specified warning and the nicotine and tar contents shall in the case of first conviction be punishable with imprisonment for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and, for the second or subsequent conviction, with imprisonment for a term which may extend to two years and with fine which may extend to three thousand rupees.

section 22. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : whoever contravenes the provision of section 5 shall, on conviction, be punishable a in the case of first conviction, with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and b in the case of second or subsequent conviction with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees.

section 23. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : where any person has been convicted under this act for the contravention of the provision of section 5, the advertisement and the advertisement material for cigarettes and other tobacco products may be forfeited to the government and such advertisement and advertisement material shall be disposed of in such manner as may be prescribed by rules made under this act.

section 24. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 any person who contravenes the provisions of section 6 shall be guilty of an offence under this act and shall be punishable with fine which may extend to two hundred rupees. 2 all offences under this section shall be compoundable and shall be tried summarily in accordance with the procedure provided for summary trials in the code of criminal procedure, 2 of .

section 25. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : show related subordinates 1 notwithstanding anything contained in any other law for the time being in force, the central government or the state government may, by notification in the official gazette, authorise one or more persons who shall be competent to act under this act: provided that the person so authorised may, if he has reasonable ground for believing that any person has committed an offence under section 4 or section 6, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him. 2 any person detained under subsection 1 shall forthwith be taken before magistrate to be dealt with according to law. 3 any person committing an offence under section 4 or section 6 shall be tribal for such offence in any place in which he may be or which the state government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. 4 every notification issued under subsections 1 and 3 shall be published in the official gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the state government may direct. 5 every person authorised under subsection 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 27. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under this act shall be bailable. state amendment gujarat insertion of new section 27a in act 34 of .in the principal act, after section 27, the following section shall be inserted, namely: offence under section 4a to be cognizable.27a.an offence under section 4a shall be cognizable.. vide gujarat act 27 of , s. 7. maharashtra insertion of new section 27a in act 34 of after section 27 of the principal act, the following section shall be inserted, namely: offence under section 4a to be cognizable.27a.an offence under section 4a shall be cognizable.. vide maharashtra act 60 of , s. 7 rajasthan insertion of new section 27a, central act no. 34 of . after the existing section 27 and before the existing section 28 of the principal act, the following shall be inserted, namely: 27a. offence under section 4a to be congnizable. an offence under section 4a shall be cognizable.. vide rajasthan act 1 of , s. 7

section 28. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 any offence committed under section 4 or section 6 may either before or after the institution of the prosecution be compounded by such officer authorised by central government or state government and for an amount which may not exceed two hundred rupees. 2 where an offence has been compounded under subsection 1, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

section 29. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer of the central government or any state government for anything which is in good faith done or intended to be done under this act.

section 30. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : the central government, after giving by notification in the official gazette, not less than three months notice of its intention so to do, may, by like notification, add any other tobacco product in respect of which it is of opinion that advertisements are to be prohibited and its production, supply and distribution is required to be regulated under this act, and thereupon the schedule shall in its application to such products be deemed to be amended accordingly.

section 33. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : 1 the cigarettes regulation of production, supply and distribution act, 49 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the provisions of the aforesaid act, shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 31. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a specify the form and manner in which warning shall be given in respect of cigarettes or other tobacco products under clause o of section 3 b specify the maximum permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to subsection 5 of section 7 c specify the manner in which the specified warning shall be inscribed on each package of cigarettes or other tobacco products or its label under subsection 2 of section 8 d specify the height of the letter or figure or both to be used in specified warning or to indicate the nicotine and tar contents in cigarettes or other tobacco products under section 10 e provide for the manner in which entry into and search of any premises is to be conducted and the manner in which the seizure of any package of cigarettes or other tobacco products shall be made and the manner in which seizure list shall be prepared and delivered to the person from whose custody any package of cigarettes or other tobacco products has been seized f provide for any other matter which is required to be, or may be, prescribed. 3 every rule made under this act and every notification made under section 30 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

section 32. of the cigarettes and other tobacco products prohibition of advertisement and regulation of trade and commerce production supply and distribution act : nothing contained in this act shall apply to any cigarette or other tobacco products or package of cigarettes or other tobacco products which is exported: provided that nothing in this section shall be deemed to authorise the export of any package of cigarettes or other tobacco products, not containing the specified warning and indication of nicotine and tar contents to any country if the law in force in that country requires that the same or similar warning and nicotine and tar contents shall be specified on each package of cigarettes or other tobacco products. explanation.for the purpose of this section, any cigarette or other tobacco products or package of cigarettes or other tobacco products shall be deemed to be exported before the commencement of this act, if the necessary steps for export have already been taken notwithstanding that the actual export has not taken place.

section 4. of the judges protection act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force providing for protection of judges.

section 1. of the judges protection act : 1 this act may be called the judges protection act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the judges protection act : in this act, judge means not only every person who is officially designated as a judge, but also every person a who is empowered by law to give in any legal proceeding a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive or b who is one of a body of persons which body of persons is empowered by law to give such a judgment as is referred to in clause a.

section 3. of the judges protection act : 1 notwithstanding anything contained in any other law for the time being in force and subject to the provisions of subsection 2, no court shall entertain or continue any civil or criminal proceeding against any person who is or was a judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function. 2 nothing in subsection 1 shall debar or affect in any manner the power of the central government or the state government or the supreme court of india or any high court or any other authority under any law for the time being in force to take such action whether by way of civil, criminal, or departmental proceedings or otherwise against any person who is or was a judge.

section 7. of the press and registration of books act : in any legal proceeding whatever, as well civil as criminal, the production of a copy of such declaration as is aforesaid, attested by the seal of some court empowered by this act to have the custody of such declarations, 1or, in the case of the editor, editor, a copy of the newspaper containing his name printed on it as that of the editor shall be held unless the contrary be proved to be sufficient evidence, as against the person whose name shall be subscribed to such declaration, 1or printed on such newspaper, as the case may be that the said person was printer or publisher, or printer and publisher according as the words of the said declaration may be of every portion of every 2newspaper whereof the title shall correspond with the title of the 2newspaper mentioned in the declaration, 3or the editor of every portion of that issue of the newspaper of which a copy is produced. 1. ins. by act 14 of , s. 3 and the first schedule. 2. subs. by act 14 of , s. 3 and the first schedule, ibid., for periodical work. 3. ins. by s. 3 and the first schedule, ibid.

section 6. of the press and registration of books act : each of the two originals of every declaration so made and subscribed as is aforesaid, shall be authenticated by the signature and official seal of the magistrate before whom the said declaration shall have been made: 1provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the magistrate 2is, on inquiry from the press registrar, satisfied that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same state. deposit.one of the said originals shall be deposited among the records of the office of the magistrate, and the other shall be deposited among the records of th e high court of judicature, or 3 other principal civil court of original jurisdiction for the place where the said declaration shall have been made. inspection and supply of copies.the officerincharge of each original shall allow any person to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said declaration, attested by the seal of the court which has the custody of the original, on payment of a fee of two rupees. 4a copy of the declaration attested by the official seal of the magistrate, or a copy of the order refusing to authenticate the declaration, shall be forwarded as soon as possible to the person making and subscribing the declaration and also to the press registrar. 1. ins. by act 55 of , s. 7 w.e.f. . 2. subs. by act 26 of , s. 3, for certain words w.e.f. . 3. subs. by act 10 of , s. 3, for certain words. 4. subs. by act 26 of , s. 3, for the fourth paragraph w.e.f. which was ins by act 55 of , s. 7 w.e.f. .

section 1. of the press and registration of books act : show related subordinates 11 in this act, unless there shall be something repugnant in the subject or context, book includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed 2. 3 4editor means the person who controls the selection of the matter that is published in a newspaper 5 magistrate means any person exercising the full powers of a 6magistrate, and includes a 7magistrate of police 8. 9newspaper means any printed periodical work containing public news or comments on public news 10 11paper means any document, including a newspaper, other than a book prescribed means prescribed by rules made by the central government under section 20a press registrar means the registrar of newspapers for india appointed by the central government under section 19a and includes any other person appointed by the central government to perform all or any of the functions of the press registrar printing includes cyclostyling and printing by lithography register means the register of newspapers maintained under section 198. 122 any reference in this act to any law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law in force in that state. state amendment jammu and kashmir and ladakh uts. section 1.omit subsection 2. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . state amendment karnataka in section 1, for the words, magistrate of means any person exercising full powers of a magistrate and includes as magistrate of police the words, magistrate means judicial magistrate shall be substituted. vide karnataka act 13 of , s. 67 and schedule 1. section 1 renumbered as subsection 1 thereof by act 16 of , s. 2 w.e.f. . 2. the words or lithographed omitted by act 55 of , s. 4 w.e.f. . 3. definition of british india rep. by the a.o. , see now the definition in s. 35 of the general clauses act, 10 of . 4. ins. by act 14 of , s. 3 and the first schedule. 5. definition of india omitted by act 16 of , s. 2 w.e.f. . 6. now magistrate of the first class, see the code of criminal procedure, 2 of . 7. now presidency magistrate, see ibid. 8. the words and a justice of the peace rep. by act 10 of , s. 2. 9. ins. by act 14 of , s. 3 and the first schedule. 10. paragraphs relating to the definitions of number and gender rep. by act 10 of , s. 3 and sch. ii definition of local government rep. by the a.o. and the definition of states ins. by the a.o. was rep. by act 3 of , s. 3 and sch. 11. ins. by act 55 of , s. 4 w.e.f. . 12. ins. by act 16 of , s. 2 w.e.f. .

section 2.. of the press and registration of books act : repeal of act 11 of . rep. by the repealing act, 14 of , s. 1 and the second schedule.

section 4. of the press and registration of books act : 11 no person shall within india, keep in his possession any press for the printing of books or papers, who shall not have made and subscribed the following declaration before 2the district, presidency or subdivisional magistrate within whose local jurisdiction such press may be: i, a. b., declare that i have a press for printing at, and this last blank shall be filled up with a true and precise description of the place where such press may be situate. 32 as often as the place where a press is kept is changed, a new declaration shall be necessary: provided that where the change is for a period not exceeding sixty days and th e place where the press is kept after the change is within the local jurisdiction of the magistrate referred to in subsection 1, no new declaration shall be necessary if a a statement relating to the change is furnished to the said magistrate within twentyfour hours thereof and b the keeper of the press continues to be the same. 1. section 4 renumbered as subsection 1 thereof by act 55 of , s. 5 w.e.f. . 2. subs. by act 56 of , s. 36, for the magistrate w.e.f. . 3. added by act 55 of , s. 5 w.e.f. .

section 8. of the press and registration of books act : 2if any person has subscribed to any declaration in respect of a newspaper under section 5 and the declaration has been authenticated by a magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaration, he shall appear before any district, presidency or subdivisional magistrate, and make and subscribe in duplicate the following declaration: i, a. b., declare that i have ceased to be the printer or publisher or printer and publisher of the newspaper entitled . authentication and filing.each original of the latter declaration shall be authenticated by the signature and seal of the magistrate before whom the said latter declaration shall have been made, and one original of the said latter declaration shall be filed alongwith each original of the former declaration. inspection and supply of copies.the officerincharge of each original of the latter declaration shall allow any person applying to inspect that original on payment of a fee of one rupee, and shall give to any person applying a copy of the said latter declaration, attested by the seal of the court having custody of the original, on payment of a fee of two rupees. putting copy in evidence.in all trials in which a copy, attested as is aforesaid, of the former declaration shall have been put in evidence, it shall be lawful to put in evidence a copy, attested as is aforesaid, of the latter declaration, and the former declaration shall not be taken to be evidence that the declaration was, at any period subsequent to the date of the latter declaration, printer or publisher of the 1newspaper therein mentioned. 3a copy of the latter declaration attested by the official seal of the magistrate shall be forwarded to the press registrar. 1. subs. by act 14 of , s. 3 and the first schedule, ibid., for periodical work. 2. subs. by act 55 of , s. 8, for the first paragraph w.e.f. . 3. ins. by s. 8, ibid. w.e.f. .

section 5. of the press and registration of books act : no 1newspaper shall be published in 2india except in conformity with the rules hereinafter laid down: 31 without prejudice to the provisions of section 3, every copy of every such newspaper shall contain the names of the owner and editor thereof printed clearly on such copy and also the date of its publication. 42 the printer and the publisher of every such 5newspaper shall appear 6in person or by agent authorised in this behalf in accordance with rules made under section 20, before a district, presidency or subdivisional magistrate within whose local jurisdiction such newspaper shall be printed or published 7 and shall make and subscribe, in duplicate, the following declaration: i, a. b., declare that i am the printer or publisher, or printer and publisher of the 5newspaper 8and to be printed or published, or to be printed and published, as the case may be at. and the last blank in this form of declaration shall be filled up with a true and precise account of the premises where the printing or publication is conducted. 92a every declaration under rule 2 shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be prescribed. 102b where the printer or publisher of a newspaper making a declaration under rule 2 is not the owner thereof, the declaration shall specify the name of the owner and shall also be accompanied by an authority in writing from the owner authorising such person to make and subscribe such declaration. 2c a declaration in respect of a newspaper made under rule 2 and authenticated under section 6 shall be necessary before the newspaper can be published. 2d where the title of any newspaper or its language or the periodicity of its publication is changed, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued. 2e as often as the ownership of a newspaper is changed, a new declaration shall be necessary. 113 as often as the place of printing or publication is changed, a new declaration shall be necessary: 12provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of the magistrate referred to in rule 2,no new declaration shall be necessary if a a statement relating to the change is furnished to the said magistrate within twentyfour hours thereof and b the printer or publisher or the printer and publisher of the newspaper continues to be the same. 134 as often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave india for a period exceeding ninety days or where such printer or publisher is by infirmity or otherwise rendered incapable of carrying out his duties for a period exceeding ninety days in circumstances not involving the vacation of his appointment, a new declaration shall be necessary. 125 every declaration made in respect of a newspaper shall be void, where the newspaper does not commence publication a within six weeks 14of the authentication of the declaration under section 6, in the case of a newspaper to be published once a week or oftener and b within three months 14of the authentication of the declaration under section 6, in the case of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published. 6 where, in any period of three months, any daily, triweekly, biweekly, weekly or fortnightly newspaper publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper can be continued. 7 where any other newspaper has ceased publication for a period, exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the newspaper can be republished. 8 every existing declaration in respect of a newspaper shall be cancelled by the magistrate before whom a new declaration is made and subscribed in respect of the same: 15provided that no person 16who does not ordinarily reside in india, or who has not attained majority in accordance with the provisions of the indian majority act, 19 of , or of the law to which he is subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper. 1. subs. by act 14 of , s. 3 and the first schedule, for printed periodical work containing public news or comments on public news,. 2. subs. by act 3 of , s. 3 and schedule, for the states. 3. subs. by act 26 of , s. 2, for rule 1 w.e.f. which was ins. by act 14 of , s. 3 and the first schedule. 4. rule 1 renumbered as rule 2 by act 14 of , s. 3 and the first schedule. 5. subs. by s. 3 and the first schedule, ibid., for periodical work. 6. subs. by s. 3 and the first schedule, ibid., for before the magistrate within whose local jurisdiction such work shall be published. 7. the words , or such printer or publisher resides, omitted by act 26 of , s. 2 w.e.f. . 8. subs. by act 55 of , s. 6, for certain words w.e.f. . 9. ins. by s. 6,ibid. 10. ins. by act 26 of , s. 2 w.e.f. . 11. rule 2 renumbered as rule 3 by act 14 of , s. 3 and the first schedule. 12. ins. by act 55 of , s. 6 w.e.f. . 13. subs. by act 26 of , s. 2 for rule 4 w.e.f. which had been renumbered for the original rule3 by act 14 of , s. 3 and the first schedule. 14. subs. by s.2, ibid. for of the declaration w.e.f. . 15. ins. by act 14 of , s. 3 and the first schedule. 16. ins. by act 26 of , s. 2 w.e.f. .

section 8b. of the press and registration of books act : 18b. cancellation of declaration.if, on an application made to him by the press registrar or any other person or otherwise, the magistrate empowered to authenticate a declaration under this act, is of opinion that any declaration made in respect of a newspaper should be cancelled, he may, after giving the person concerned an opportunity of showi ng cause against the action proposed to be taken, hold an inquiry into the matter and if, after considering the cause, if any, shown by such person and after giving him an opportunity of being heard, he is satisfied that i the newspaper, in respect of which the declaration has been made is being published in contravention of the provisions of this act or rules made thereunder or ii the newspaper mentioned in the declaration bears a title which is the same as, or similar to, that of any other newspaper published either in the same language or in the same state or iii the printer or publisher has ceased to be the printer or publisher of the newspaper mentioned in such declaration or iv the declaration was made on false representation or on the concealment of any material fact or in respect of a periodical work which is not a newspaper the magistrate may, by order, cancel the decl aration and shall forward as soon as possible a copy of the order to the person making or subscribing the declaration and also to the press registrar. 1. ins. by act 26 of , s. 4 w.e.f. .

section 5a. of the press and registration of books act : 15a. keepers of printingpresses and printers and publishers of newspapers in jammu and kashmir to make and subscribe fresh declarations within specified period.1 no person who has made and subscribed a declaration in respect of any press under section 4 of the jammu and kashmir state press and publications act, s. jammu and kashmir act no. i of s. shall keep the press in his possession for the printing of books or papers 2after the 31st day of december, , unless before the expiry of that date, he makes and subscribes a fresh declaration in respect of that press under section 4 of this act. 2 every person who has subscribed to any declaration in respect of a newspaper under section 5 of the jammu and kashmir state press and publications act, s. , jammu and kashmir act, no. i s. 1 shall cease to be the editor, printer or publisher of the newspaper mentioned in such declaration 2after the 31st day of december, , unless before the expiry of that date he makes and subscribes a fresh declaration in respect of that newspaper under rule 2 of the rules laid down in section 5 of this act. state amendments ladakh ut. section 5a.omit. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 16 of , s. 3 w.e.f. . 2. subs. by act 30 of , s. 2, for certain words retrospectively.

section 3. of the press and registration of books act : every book or paper printed within 1india shall have printed legibly on it the name of the printer and the place of printing, and if the book or paper be published 2the name of the publisher, and the place of publication. 1. subs. by act 3 of , s. 3 and schedule for the states. 2. ins. by act 12 of , s. 2 and the second schedule.

section 8a. of the press and registration of books act : 18a. person whose name has been incorrectly published as editor may make a declaration before a magistrate.if any person, whose name has appeared as editor on a copy of a newspaper, claims that he was not the editor of the issue on which his name has so appeared, he may, within two weeks of his becoming aware that his name has been so published, appear before a district, presidency or subdivisional magistrate and make a declaration that his name was incorrectly published in that issue as that of the editor thereof, and if the magistrate after making such inquiry or causing such inquiry to be made as he may consider necessary is satisfied that such declaration is true, he shall certify accordingly, and on that certificate being given the provisions of section 7 shall not apply to that person in respect of that issue of the newspaper. the magistrate may extend the period allowed by this section in any case where he is satisfied that such person was prevented by sufficient cause from appearing and making the declaration within that period. 1. ins. by s. 3 and the first schedule, ibid.

section 13. of the press and registration of books act : whoever shall keep in his possession any such press as aforesaid, 1in contravention of any of the provisions contained in section 4 of this act, shall, on conviction before a magistrate, be punished by fine not exceeding 2two thousand rupees, of by simple imprisonment for a term not exceeding 3six months, or by both. 1. subs. by act 55 of , s. 11, for without making such a declaration as is required by section 4 of this act w.e.f. . 2. subs. by act 14 of , s. 3 and the first schedule, for five thousand. 3. subs. by s. 3 and the first schedule, ibid., for two years.

section 8c. of the press and registration of books act : 18c. appeal.1 any person aggrieved by an order of a magistrate refusing to authenticate a declaration under section 6 or cancelling a declaration under section 8b may, within sixty days from the date on which such order is communicated to him, prefer an appeal to the appellate board to be called the press and registration appellate board 1consisting of a chairman and another member to be nominated by the press council of india, established under section 4 of the press council act, 37 of , from among its members: provided that the appellate board may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. 2 on receipt of an appeal under this section, the appellate board may, after calling for the records from the magistrate and after making such further inquiries as it thinks fit, confirm, modify or set aside the order appealed against. 3 subject to the provisions contained in subsection 2, the appellate board may, by order, regulate its practice and procedure. 4 the decision of the appellate board shall be final. 1. ins. by act 26 of , s. 4 w.e.f. . 2. subs. by act 37 of , s. 27, for certain words.

section 9. of the press and registration of books act : 19. copies of books printed after commencement of act to be delivered gratis to government.printed 2 copies of the whole of every book which shall be printed 2 in 3india after this act shall come into force, together with all maps, prints or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same, shall, notwithstanding any agreement if the book be published between the printer and publisher thereof, be delivered by the printer at such place and to such officer as the state government shall, by notification in the official gazette, from time to time direct, and free of expense to the government, as follows, that is to say : a in any case, within one calendar month after the day on which any such book shall first be delivered out of the press, one such copy, and b if within one calendar year from such day the state government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the state government on the printer, another such copy, or two other such copies, as the state government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed 4. the publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. nothing in the former part of this section shall apply to i any second or subsequent edition of a book in which edition no additions or alterations either in the letterpress or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this act, or ii any 5newspaper published in conformity with the rules laid down in section 5 of this act. 1. subs. by act 10 of , s. 4, for part iii. 2. the words or lithographed omitted by act 55 of , s. 9 w.e.f. . 3. subs. by act 3 of , s. 3 and the schedule, for the states. 4. the words or lithographed omitted by act 55 of , s. 9. w.e.f. . 5. subs. by act 14 of , s.3 and the first schedule, for periodical work.

section 10. of the press and registration of books act : the officer to whom a copy of a book is delivered under the last foregoing section shall give to the printer a receipt in writing therefor.

section 12. of the press and registration of books act : whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in section 3 of this act, shall, on conviction before a magistrate, be punished by fine not exceeding 1two thousand rupees, or by simple imprisonment for a term not exceeding 2six months, or by both. 1. subs. by act 14 of , s. 3 and the first schedule, for five thousand. 2. subs. by s. 3 and the first schedule, ibid., for two years.

section 11. of the press and registration of books act : the copy delivered pursuant to clause a of the first paragraph of section 9 of this act shall be disposed of as the state government shall from time to time determine. any copy or copies delivered pursuant to clause b of the said paragraph shall be 1transmitted to the central government. 1. subs. by the a.o. , for certain words.

section 15a. of the press and registration of books act : 115a. penalty for failure to make a declaration under section 8.if any person who has ceased to be a printer or publisher of any newspaper fails or neglects to make a declaration in compliance with section 8, he shall, on conviction before a magistrate, be punishable by fine not exceeding two hundred rupees. 1. ins. by act 55 of , s. 13 w.e.f. .

section 11a. of the press and registration of books act : 111a. copies of newspapers printed in india to be delivered gratis to government.the printer of every newspaper in 2india shall deliver at such place and to such officer as the state government may, by notification in the official gazette, direct, and free of expense to the government, two copies of each issue of such newspaper as soon as it is published. state amendment karnataka. amendment of section 11a.in section 11a of the press and registration of book act, central act 25 of in its application to the state of karnataka other than the belgaum area, for the word two, the word three shall be substituted. vide karnataka act 10 of , s. 2. 1. ins. by act 14 of , s. 3 and the first schedule. 2. subs. by act 3 of , s. 3 and the schedule, for the states.

section 11b. of the press and registration of books act : 111b. copies of newspapers to be delivered to press registrar.subject to any rules that may be be made under this act, the publisher of every newspaper in india shall deliver free of expense to the press registrar one copy of each issue of such newspaper as soon as it is published. 1. ins. by act 55 of , s. 10 w.e.f. .

section 16b. of the press and registration of books act : 116b. penalty for failure to supply copies of newspapers to press registrar.if any publisher of any newspaper published in india neglects to deliver copies of the same in compliance with section 11 b, he shall, on the complaint of the press registrar, be punishable, on conviction by a magistrate having jurisdiction in the place where the newspaper was printed, by fine which may extend to fifty rupees for every default. 1. ins. by act 55 of , s. 14 w.e. f. .

section 15. of the press and registration of books act : 31 whoever shall 4edit, print or publish any 5newspaper without conforming to the rules hereinbefore laid down, or whoever shall 4edit, print or publish, or shall cause to be 4edited, printed or published, any 6newspaper, knowing that the said rules have not been observed with respect to 7that newspaper, shall, on conviction before a magistrate, be punished with fine not exceeding 1two thousand rupees, or imprisonment for a term not exceeding 2six months or both. 82 where an offence is committed in relation to a newspaper under sub section 1, the the magistrate may, in addition to the punishment imposed under the said sub section, also cancel the declaration in respect of the newspaper. 1. subs. by act 14 of , s. 3 and the first schedule, for five thousand. 2. subs. by s. 3 and the first schedule, ibid., for two years. 3. s. 15 renumbered as subsection 1 of that section by act 26 of , s. 5 w.e.f. . 4. ins. by act 14 of , s. 3 and the first schedule. 5. subs. by s. 3 and the first schedule, ibid., for such periodical work as is hereinbefore described,. 6. subs, by s, 3 and the first schedule, ibid., for such periodical work, 7. subs. by s. 3 and the first schedule, ibid., for that work ,. 8. ins. by act 26 of , s. 5 w.e.f. .

section 14. of the press and registration of books act : any person who shall, in making 3any declaration or or other statement under the authority of this act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall, on conviction before a magistrate, be punished by fine not exceeding 1two thousand rupees, and imprisonment for a term not exceeding 2six months. 1. subs. by act 14 of , s. 3 and the first schedule, for five thousand. 2. subs. by s. 3 and the first schedule, ibid., for two years. 3. subs. by act 55 of s. 12, for any declaration w.e.f. .

section 19. of the press and registration of books act : the memoranda registered during each quarter in the said catalogue shall be published in the official gazette, as soon as may be after the end of such quarter, and a copy of the memoranda so published shall be sent 1 to the central government 2. 1. the words to the said secretary of state, and rep. by the a.o. . 2. the word respectively omitted, ibid.

section 16. of the press and registration of books act : 116. penalty for not delivering books or not supplying printer with maps.if any printer of any such book as is referred to in section 9 of this act shall neglect to deliver copies of the same pursuant to that section, he shall for every such default forfeit to the government such sum not exceeding fifty rupees as a magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in this behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the copies which the printer ought to have delivered. if any publisher or other person employing any such printer shall neglect to supply him, in the manner prescribed in the second paragraph of section 9 of this act, with the maps, prints or engravings which may be necessary to enable him to comply with the provisions of that section, such publisher or other person shall for every such default forfeit to the government such sum not exceeding fifty rupees as such a magistrate as aforesaid may, on such an application as aforesaid, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the magistrate may determine to be the value of the maps, prints or engravings which such publisher or other person ought to have supplied. 1. subs. by act 10 of , s. 5, for sections 16 and 17.

section 16a. of the press and registration of books act : 116a. penalty for failure to supply copies of newspapers gratis to government.if any printer of any newspaper published in 2india neglects to deliver copies of the same in compliance with section 11a, he shall, on the complaint of the officer to whom copi es should have been delivered or of any person authorised by that officer in this behalf, be punishable, on conviction by a magistrate having jurisdiction in the place where the newspaper was printed, with fine which may extend to fifty rupees for every default. 1. ins. by act 14 of , s. 3 and the first schedule. 2. subs. by act 3 of , s. 3 and the schedule, for the states.

section 19c. of the press and registration of books act : 119c. certificates of registration.on receiving from the magistrate under section 6 a copy of the declaration in respect of a newspaper 2and on the publication of such newspaper, the press registrar shall, as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof. 1. ins. by act 55 of , s. 16 w.e.f. . 2. subs. by act 26 of , s. 6, for certain words w.e.f. .

section 17. of the press and registration of books act : any sum forfeited to the government under 1section 16 may be recovered, under the warrant of the magistrate determining the sum, or of his successor in office, in the manner authorised by the 2code of criminal procedure 10 of for the time being in force, and within the period prescribed by the indian penal code 45 of , for the levy of a fine. 3 1. subs. by act 11 of , s. 2 and the first schedule, for the last foregoing section. 2. see now the code of criminal procedure, 2 of . 3. the second paragraph of section 17 rep. by the a.o. .

section 18. of the press and registration of books act : there shall be kept at such office, and by such officer as the state government shall appoint in this behalf, a book to be called a catalogue of books printed in 1india, wherein shall be registered a memorandum of every book which shall have been delivered 2pursuant to clause a of the first paragraph of section 9 of this act. such memorandum shall so far as may be practicable contain the following particulars that is to say : 1 the title of the book and the contents of the titlepage, with a translation into english of such title and contents, when the same are not in the english language 2 the language in which the book is written 3 the name of the author, translator or editor of the book or any part thereof 4 the subject 5 the place of printing and the place of publication 6 the name or firm of the printer and the name or firm of the publisher 7 the date of issue from the press or of the publication 8 the number of sheets, leaves or pages 9 the size 10 the first, second or other number of the edition 11 the number of copies of which the edition consists 12 whether the book is printed 3cyclostyled or lithographed 13 the price at which the book is sold to the public and 14 the name and residence of the proprietor of the copyright or of any portion of such copyright. such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the 4copy thereof pursuant to clause a of the first paragraph of section 9 5. 5. 1. subs. by act 3 of , s. 3 and the schedule, for the states. 2. subs. by act 10 of , s. 6, for pursuant to section 9. 3 subs. by act 55 of , s. 15, for or lithographed w.e.f. . 4. subs. by act 10 of , s. 6, for copies thereof in manner aforesaid. 5. last sentence of section 18 rep. by act 3 of , s. 15 and the second schedule.

section 19b. of the press and registration of books act : 119b. register of newspapers.1 the press registrar shall maintain in the prescribed manner a register of newspapers. 2 the register shall, as far as may be practicable, contain the following p articulars about every newspaper published in india, namely: a the title of the newspaper b the language in which the newspaper is published c periodicity of the publication of the newspaper d the name of the editor, printer and publisher of the newspaper e the place of printing and publication f the average number of pages per week g the number of days of publication in the year h the average number of copies printed, the average number of copies sold to the public and the average number of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed i retail selling price per copy j the names and addresses of the owners of the newspaper and such other particulars relating to ownership as may be prescribed k any other particulars which may be prescribed. 3 on receiving information from time to time about the aforesaid particulars, the press registrar shall cause relevant entries to be made in the register and may make such necessary alterations or corrections therein as may be required for keeping the register up todate. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19f. of the press and registration of books act : 119f. right of access to records and documents.the press registrar or any gazetted officer authorised by him in writing, in this behalf shall, for the purpose of the collection of any information relating to a newspaper under this act, have access to any relevant record or document relating to the newspaper in the possession of the publisher thereof, and may enter at any reasonable time any premises where he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information required to be furnished under this act. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19a. of the press and registration of books act : 1119a. appointment of press registrar and other officers.the central government may appoint a registrar of newspapers for india and such other officers under the general superintendence and control of the press registrar as may be necessary for the purpose of performing the functions assigned to them by or under this act, and may, by general or special order, provide for the distribution or allocation of functions to be performed by them under this act. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19h. of the press and registration of books act : 119h. furnishing of copies of extracts from register.on the application of any person for the supply of the copy of any extract from the register and on payment of such fee as may be prescribed, the press registrar shall furnish such copy to the applicant in such form and manner as may be prescribed. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19d., to be furnished by newspapers. of the press and registration of books act : 119d. annual statement, etc., to be furnished by newspapers.it shall be the duty of the publisher of every newspaper a to furnish to the press registrar an annual statement in respect of the newspaper at such time and containing such of particulars referred to in subsection 2 of section 19b as may be prescribed b to publish in the newspaper at such times and such of the particulars relating to the newspaper referred to in subsection 2 of section 19b as may be specified in this behalf by the press registrar. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19e. of the press and registration of books act : 119e. returns and reports to be furnished by newspapers.the publisher of every newspaper shall furnish to the press registrar such returns, statistics and other information with respect to any of the particulars referred to in subsection 2 of section 19b as the press registrar may from time to time require. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19g. of the press and registration of books act : 119g. annual report.the press registrar shall prepare, in such form and at such time each year as may be prescribed, an annual report containing a summary of the information obtained by him during the previous year in respect of the newspapers in india and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the central government. 1. ins. by act 55 of , s. 16 w.e.f. .

section 19i.delegation of powers of the press and registration of books act : 119i. delegation of powers.subject to the provisions of this act and regulations made thereunder, the press registrar may delegate all or any of his powers under this act to any officer subordinate to him. 1. ins. by act 55 of , s. 16 w.e.f. .

section 21. of the press and registration of books act : 1the state government may, by notification in the official gazette, exclude any class of books 2or papers from the operation of the whole or any part or parts of this act: 3provided that no such notification in respect of any class of newspapers shall be issued without consulting the central government. 1. subs. by the a.o. , for certain words. 2. ins. by act 11 of , s. 2 and sch. i. 3. added by act 26 of , s. 10 w.e.f. .

section 19j. of the press and registration of books act : 119j. press registrar and other officers to be public servants.the press registrar and all officers appointed under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 55 of , s. 16 w.e.f. .

section 19k. of the press and registration of books act : 119k. penalty for contravention of section 19d or section 19e, etc.if the publisher of any newspaper a refuses or neglects to comply with the provisions of section 19d or section 19e or 2 c publishes in the newspaper in pursuance of clause b of section 19d any particulars relating to the newspaper which he has reason to believe to be false, he shall be punishable with fine which may extend to five hundred rupees. 1. ins. by act 55 of , s. 16 w.e.f. . 2. clause b omitted by act 26 of , s. 7 w.e.f. .

section 19l. of the press and registration of books act : 119l. penalty for improper disclosure of information.if any person engaged in connection with the collection of information under this act wilfully discloses any information or the contents of any return given or furnished under this act otherwise than in the execution of his duties under this act or for the purposes of the prosecution of an offence under this act or under the indian penal code 45 of , he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. ins. by act 55 of , s. 16 w.e.f. .

section 20. of the press and registration of books act : 120. power of state government to make rules.1 the state government may, by notification in the official gazette, make such rules not inconsistent with the rules made by the central government under section 20a as may be necessary or desirable for carrying out the objects of this act. 2 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by act 20 of , s. 2 and schedule, for section 20 w.e.f. .

section 20a. of the press and registration of books act : show related subordinates 120a. power of central government to make rules.1 the central government may, by notification in the official gazette, make rules a prescribing the particulars which a declaration made and subscribed under section 5 may contain 2and the form and manner in which the names of the printer, publisher, owner and editor of a newspaper and the place of its printing and publication may be printed on every copy of such newspaper 3b prescribing the manner in which copies of any declaration attested by the official seal of a magistrate or copies of any order refusing to authenticate any declaration may be forwarded to the person making and subscribing the declaration and to the press registrar c prescribing the manner in which copies of any newspaper may be sent to the press registrar under section 11b d prescribing the manner in which a register may be maintained under section 19b and the particulars which it may contain e prescribed the particulars in which an annual statement to be furnished by the publisher of a newspaper to the press registrar may contain f prescribing the form and manner in which an annual statement under clause a of section 19d, or any returns, statistics or other information under section 19e, may be furnished to the press registrar g prescribing the fees for furnishing copies of extracts from the register and the manner in which such copies may be furnished h prescribing the manner in which a certificate of registration may be issued in respect of a newspaper i prescribing the form in which, and the time within which, annual reports may be prepared by the press registrar and forwarded to the central government. 42 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 5in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 55 of , s. 18 w.e.f. . 2. ins. by act 26 of , s. 8 w.e.f. . 3. subs. by s. 8, ibid., for clause b w.e.f. . 4. subs. by s. 8, ibid., for subsection 2 w.e.f. . 5. subs. by act 20 of , s. 2 and schedule, for certain words w.e.f. .

section 23.. of the press and registration of books act : commencement of act. rep. by the repealing act, 14 of , s. 1 and schedule, pt. ii.

section 20b. of the press and registration of books act : 120b. rules made under this act may provide that contravention thereof shall be punishable.any rule made under any provision of this act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. 1. ins. by act 26 of , s. 9 w.e.f. .

section 22. of the press and registration of books act : 1this act extends to the whole of india 2. 1. ins. by act 55 of , s. 19. original s. 22 rep. by act 10 of , s. 7. w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 16 of , s. 4 w.e.f. .

section 8. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the amount specified in section 7 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 2 the amount determined in accordance with the provisions of subsection 1 shall be paid by the central government to the company in addition to the amount specified in section 7. 3 for the removal of doubts, it is hereby declared that the liabilities of the company in relation to its undertakings which have vested in the central government under section 3, shall be discharged from the amount referred to in section 7, and also from the amount determined under subsection 1 in accordance with the rights and interests of the creditors of the company.

The Dalmia Dadri Cement Limited (Acquisition and Transfer of Undertakings) Act, 1981

section 1. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 this act may be called the dalmia dadri cement limited acquisition and transfer of undertakings act, . 2 it shall be deemed to have come into force on the 23rd day of june, .

section 2. of the dalmia dadri cement limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 23rd day of june, b cement corporation means the cement corporation of india, a company incorporated and registered under the companies act, 1 of c commissioner means the commissioner of payments appointed under section 14 d company means the dalmia dadri cement limited, being a company within the meaning of the companies act, 1 of , and having its registered office at charkhi dadri haryana e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision, and different dates may be specified for different provisions of this act h words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings, respectively, assigned to them in that act.

section 7. of the dalmia dadri cement limited acquisition and transfer of undertakings act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of the company and the right, title and interest of the company in relation to its undertakings, there shall be paid by the central government to the company, in cash, and in the manner specified in chapter vi, an amount of rupees eightyfour lakhs and eightyseven thousand.

section 3. of the dalmia dadri cement limited acquisition and transfer of undertakings act : on the appointed day, the undertakings of the company, and the right, title and interest of the company in relation to its undertakings, shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 9., of the undertakings of the company. of the dalmia dadri cement limited acquisition and transfer of undertakings act : the general superintendence, direction, control and management of the affairs and business of the undertakings of the company, the right, title and interest in relation to which have vested in the central government under section 3, shall, where a direction has been made by the central government under subsection 1 of section 6, vest in the cement corporation, and thereupon the cement corporation shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the company was authorised to exercise and 1 do in relation to its undertakings, including the power to dispose off the assets of the undertakings of the company vested upon it, by the notification of the government of india, in the ministry of industry department of industrial development number s.o. 502e, dated the 23rd june, , under subsection 1 of section 6, if such disposal of the assets is considered necessary by the cement corporation due to legal or financial considerations. 1. subs. by act 3 of , s. 2, for do in relation to its undertakings w.e.f. .

section 5. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 every liability of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it and not against the central government, or, where the undertakings of the company are directed under section 6 to vest in the cement corporation, against that corporation. 2 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this section or in any other provision of this act, no liability of the company in respect of any period prior to the appointed day, shall be enforceable against the central government, or where the undertakings of the company are directed under section 6 to vest in the cement corporation, against that corporation b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the central government, or, where the undertakings of the company are directed under section 6 to vest in the cement corporation, against that corporation c no liability incurred by the company before the appointed day, for the contravention of a provision of any law for the time being in force, shall be enforceable against the central government, or, where the undertakings of the company are directed under section 6 to vest in the cement corporation, against that corporation.

section 10. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 notwithstanding any judgment, decree or order of any court, tribunal or other authority or anything contained in any law for the time being in force, the official liquidator of the company or any other person, in whose possession or custody or under whose control the undertakings of the company or any part thereof may be, shall forthwith deliver possession of the undertakings of the company or any part thereof to the central government, or where the undertakings of the company are vested under section 6 in the cement corporation, to that corporation. 2 on the vesting of the management of the undertakings of the company in the cement corporation, the official liquidator of the company or any other person who has, on the appointed day, in his possession or custody or under his control any books, documents or other papers relating to the undertakings of the company immediately before such vesting or appointment, shall be bound to deliver the said books, documents or other papers to the cement corporation or to such person as the central government or the cement corporation, as the case may be, may specify in this behalf. 3 the central government may take or cause to be taken all necessary steps for securing possession of the undertakings which have vested in it under section 3. 4 the central government may issue such directions as it may deem desirable in the circumstances of the case to the cement corporation and that corporation may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the company shall be conducted or in relation to any other matter arising in the course of such management

section 6. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, the central government may, subject to such terms and conditions as it may think fit to impose, direct, by notification, that the undertakings of the company, and the right, title and interest of the company in relation to its undertakings, which have vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in the cement corporation either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the company, in relation to its undertakings, vest in the cement corporation under subsection 1, the cement corporation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities of the cement corporation.

section 4. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the undertakings of the company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court restricting the use of such properties in any manner shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property, shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in section 7 and also out of the amount determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to the company in relation to any undertaking which has vested in the central government under section 3, at any time before the appointed day and in force immediately before that day, shall continue to be in force on and after such day in accordance with its tenor in relation to, and for the purposes of, such undertaking and on and from the day of vesting of such undertaking under section 6 in the cement corporation, that corporation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to the cement corporation and that corporation shall hold it for the remainder of the period for which that company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of wherever nature in relation to any property which has vested in the central government, under section 3, instituted or preferred by or against the company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or, where the undertakings of the company are directed under section 6 to vest in the cement corporation, by or against that corporation.

section 13. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 where the company has established a provided fund, superannuation fund, welfare fund or any other fund for the benefit of the persons employed in any of the undertakings of the company, the monies relatable to the officers or other employees, whose services have become transferred, by or under this act, to the central government or the cement corporation, shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and vest in, the central government or the cement corporation, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the cement corporation, as the case may be, shall be dealt with by that government or that corporation in such manner as may be prescribed.

section 11. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the company shall, within such period as the central government may allow in this behalf, furnish to that government or to the cement corporation a complete inventory of all the properties and assets of the company as on the appointed day pertaining to the undertakings which have vested in the central government or the cement corporation, as the case may be. 2 so much of the obligation of the company, under subsection 1 as relates to the properties and assets of the company in the possession, custody or control of the official liquidator of the company shall be discharged by him.

section 12. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 every person who has been, immediately before the appointed day, employed in any of the undertakings of the company shall become, a on and from the appointed day, an employee of the central government and b where the undertakings of the company are directed under subsection 1 of section 6, to vest in the cement corporation, an employee of that corporation on and from the date of such vesting, and shall hold office or service under the central government or the cement corporation, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the cement corporation, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the cement corporation, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the company to the central government or the cement corporation shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority 3 where, under the terms of any contract of service or otherwise, any person, whose services become transferred to the central government or the cement corporation by reason of the provisions of this act, is entitled to any arrears of salary or wages or any payments for any leave not availed of or any other payment, not being payment by way of gratuity or pension, such person may enforce his claim against the company, but not against the central government or the cement corporation.

section 18. of the dalmia dadri cement limited acquisition and transfer of undertakings act : the claims arising out of the matters specified in the schedule shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 14. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amounts payable to the company under section 7 and section 8, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india

section 21. of the dalmia dadri cement limited acquisition and transfer of undertakings act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the company in respect of any claim relating to the undertakings of the company shall stand discharged.

section 15. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the company, a an amount equal to the amount specified in section 7, and b an amount equal to the amount payable to the company under section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of the undertakings of the company in relation to which payment has been made to him under this act. 4 the interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the company

section 22. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 if, out of the monies paid to him in relation to the undertakings of the company, there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such balance to the company. 2 where the possession of any machinery, equipment or other property, has vested in the central government or the cement corporation under this act, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or the cement corporation to continue to possess such machinery or equipment or other property on the same terms and conditions under which it was possessed by the company immediately before the appointed day

section 16. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the central government or the cement corporation, as the case may be, shall be entitled to receive up to the specified date to the exclusion of all other persons, any money due to the company, in relation to its undertakings which have vested in the central government or the cement corporation and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the cement corporation, as the ease may be, may make a claim to the commissioner with regard to every payment made by it after the appointed day for discharging any liability of the company in relation to any period prior to the appointed day and every such claim shall have priority in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or the cement corporation. 3 save as otherwise provided in this act, the liabilities of the company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the company

section 19. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 17, the commissioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order of priorities. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 17. of the dalmia dadri cement limited acquisition and transfer of undertakings act : every person having a claim against the company shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter.

section 20. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 after examining the claims with reference to the priorities set out in the schedule, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, the appeal shall lie to the high court of punjab and haryana and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 25. of the dalmia dadri cement limited acquisition and transfer of undertakings act : every contract entered into by the company in relation to its undertakings, which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or the cement corporation, where such undertakings have been vested in that corporation under this act, and in ratifying such contract, the central government or the cement corporation may make such alteration or modification therein as it may think fit: provided that the central government or the cement corporation shall not omit to ratify contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or the cement corporation, and b except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 23. of the dalmia dadri cement limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, in any, for payment of the claim, being treated as an order for the refund of revenue.

section 24. of the dalmia dadri cement limited acquisition and transfer of undertakings act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 26. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer or other employee of that government or the cement corporation or other person authorised by that government or corporation for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or the cement corporation or other person authorised by that government or corporation for any damage caused or likely to be caused by anything which is in good faith done or intended to be done.

section 27. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section, section 30 and section 31, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 28. of the dalmia dadri cement limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of any undertakings of the company, wrongfully withholds such property from the central government or the cement corporation or b wrongfully obtains possession of, or retains, any property forming part of, the undertakings of the company or c wilfully withholds or fails to furnish to the central government or the cement corporation or to any person or body of persons specified by that government or the cement corporation, as the case may be, any document or inventory relating to the undertakings of the company, which may be in his possession, custody or control or d fails to deliver to the central government or the cement corporation or to any person or body of persons specified by that government or the cement corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings of the company, or e wrongfully removes or destroys any property forming part of the undertakings of the company or f prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 29. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals b director, in relation to a firm, means a partner in the firm

section 32. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the dalmia dadri cement limited acquisition and transfer of undertakings ordinance, 6 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 30. of the dalmia dadri cement limited acquisition and transfer of undertakings act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation shall be given to the commissioner under subsection 3 of section 4 b the manner in which the monies in any provident fund or other fund under section 13 shall be dealt with c any other matter which is required to be, or may be prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 31. of the dalmia dadri cement limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day

section 8. of the sarais act : the keeper of a sarai shall from time to time, if required so to do by an order of the magistrate of the district served upon him, report, either orally or in writing as may be directed by the magistrate, to such magistrate or to such person as the magistrate shall appoint, every person who resorted to such sarai during the preceding day or night. if written reports are required for any space of time, exceeding a single day or night, schedules shall be furnished by the magistrate of the district to the keeper. the keeper shall from time to time fill up the said schedule with information so required, and transmit them to the said magistrate, in such manner and at such intervals as may from time to time be ordered by him.

section 7. of the sarais act : the keeper of a sar shall be bound. 1 when any person in such sarai is ill of any infectious or contagious disease or dies of such disease to give immediate notice thereof to the nearest policestation. 2 at all times when requires by any magistrate or any other person duly authorized by the magistrate of the district in this behalf to give him free access to the sarai and allow him to inspect the same or any part thereof 3 to thoroughly cleanse the rooms and verandahs and drains of the sarai and the wells, tanks or other sources from which water is obtained for the persons or animals using it to the satisfaction of and so often as shall be required by the magistrate of the district, or such person as he shall appoint in this behalf : 4 to remove all noxious vegetation on or near the sar, and all tree and branches of tree capable of affording to thieves means of entering or leaving the sarai: 5 to keep the gates, walls, fences, roofs and drains of the sarai in repair: 6 to provide such number of watchmen as may, in the opinion of the magistrate of the district, subject to such rules as the state government may prescribe in this behalf, be necessary for the safety and protection of persons and animals or vehicles in, halting at or placed in the sarai: and 7 to exhibit a list of charges for the sarai at such place and in such form and languages as the magistrate of the district shall from time to time direct.

section 1. of the sarais act : regulation xiv of of the government of the presidency of fort william in bengal, section 11, clause 5, is hereby repealed so far as it applies to public sars in the territories to which this act may from time to time apply.

section 3. of the sarais act : within six months after this act shall come into operation, the magistrate of the district in which any sarai to which this act shall apply may be situate shall, and from time to time thereafter such magistrate may, give to the keeper of every such sarai notice in writing of this act, by leaving such notice for the keeper at the sarai, and shall by such notice require the keeper to register the sarai as by this act provided. such notice may be in the form in the schedule to this act annexed or to the like effect.

section 9. of the sarais act : if any sarai by reason of abandonment or of disputed ownership shall remain untenanted, and thereby become a resort of idle and disorderly persons, or become in a filthy or unwholesome state, or be complained of by any two or more of the neighbours as a nuisance, the magistrate of the district, after due enquiry, may cause notice in writing to be vienna to the owner or to the person claiming to be the owner, if he be known and resident within the district, and may also cause such notice to be put on some conspicuous part of the sarai, requiring the persons concerned therein, whoever they may be, to secure, enclose, clean or clear the same and if such requisition shall not be complied within eight days, the magistrate of the district may cause the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the sarai and shall be recoverable like penalties under this act, or, in case of abandonment or disputed ownership of the sarai, by the sale of any material found therein.

section 2. of the sarais act : in this act, unless there be something repugnant in the subject or context, sarai. sarai means any building used for the shelter and accommodation of travellers, and includes, in any case in which only part of a building is used as a sarai, the part so used of such building. it also includes a purao so far as the provisions of this act are applicable thereto: keeper of a sarai. keeper of a sarai includes the owner and any person having or acting in the care or management thereof : magistrate of the district. magistrate of the district means the chief officer charged with the executive administration of a district in criminal matters whatever may be his designation : number.words in the singular include the plural, and vice versa and in any place in which this act shall operate, local government. shall mean the person administering executive government in such place, and shall include a chief commissioner and the commissioner in sind.

section 6. of the sarais act : the magistrate of the district may if he shall think fit refuse to register as the keeper of a sar person who does not produce a certificate of character in such form and signed by such person as the state government shall from time to time direct.

section 12. of the sarais act : whoever, being the keeper of any sarai, suffers the same to be in a filthy and unwholesome state, or overgrown with vegetation, or after the expiration of two days from the time of his receiving notice in writing from the magistrate of the district to cleanse or clear the same, or after he shall have been convicted of suffering the same to be in such state or so overgrown as aforesaid, shall allow the same to continue in such state, or so overgrown, shall be liable to the penalties provided in section 14 of this act: proviso. provided that the magistrate of the district may, in lieu of enforcing such daily penalty, enter on and cleanse or clear the said sarai, and the expense incurred by the magistrate in respect thereof shall be paid to him by the keeper, and shall be recoverable as by this act provided in the case of penalties

section 5., not to be received in sarai until registered. of the sarais act : after one month after the giving of such notice to register as by this act, act provided the keeper of any sarai or any other person shall not receive any lodge or allow any person cattle, sheep, elephant, camel or other animal or any vehicle to halt or be placed in such until the same and the name and residence of the keeper thereof shall have been registered as by this act provided

section 4. of the sarais act : the magistrate of the district shall keep a register in which shall be entered by such magistrate or such other person as he shall appoint in this behalf, the names and residences of the keepers of all sarais within his jurisdiction and the situation of every such sarai. no charge shall be made for making any such entry

section 14. of the sarais act : if the keeper of a sarai offend against any of the provisions of this act or any of the regulations made in pursuance of this act, he shall for every such offence be liable on conviction before any magistrate to a penalty not exceeding twenty rupees, and to a further penalty not exceeding one rupee a day for every day during which the offence continues : provided always that this act shall not exempt any person from any penalty or other liability to which he may be subject, irrespective of this act. all penalties imposed under this act may be recovered in the same manner as fines may be recovered under section 61 of the code of criminal procedure.

section 15. of the sarais act : where a keeper of a sarai is convicted of a third offence under this act, he shall not afterwards act as keeper of a sar without the licence in writing of the magistrate of the district, who may either withhold such licence or grant the same on such terms and conditions as he may think fit

section 10. of the sarais act : if a sarai or any part thereof be deemed by the magistrate of the district to be in a ruinous state, or likely to fall, or in any way dangerous to the persons or animals lodging in or halting at the sarai, he shall give notice in writing to the keeper of the sarai, requiring him forthwith to take down, repair or secure as the case may be the sarai or such part thereof as the case may require. if the keeper do not begin to take down, repair or secure the sarai, or such part as aforesaid within three days after such notice, and complete such work with due diligence, the magistrate shall cause all or so much of the sarai as he shall think necessary to be taken down, repaired or otherwise secured. all the expenses so incurred by the magistrate shall be paid by the keeper of the sarai, and shall be recoverable from him as hereinafter mentioned.

section 17. of the sarais act : this act shall in the first instance extend only to the territories under the government of the lieutenantgovernor of the northwest provinces of the presidency of fort william in bengal. power to governor general in council to extend this act. but it shall be lawful for the local government, by notification in the local gazette, to extend this act, mutatis mutandis, to any other part of the territories which are or may be vested in her majesty or her successors by the statute 21 22 vic., cap. 106 an act for the better government of india, except the towns of calcutta, madras and bombay, and the settlement of prince of wales island, singapore and malacca.

section 11. of the sarais act : if any such sarai or any part thereof be taken down by virtue of the powers aforesaid, the magistrate of the district may sell the materials thereof, or so much of the same as shall be taken down under the provisions of the last preceding section, and apply the proceeds of such sale in payment of the expenses incurred, and shall restore the overplus if any arising from such sale to the owner of such sarai on demand, and may recover the deficiency if any as if the amount thereof were a penalty under this act.

section 13. of the sarais act : the local government may from time to time make regulations for the better attainment of the objects of this act, provided that such rules be not inconsistent with this act or with any other law for the time being in force, and may from time to time repeal, alter and add to the same. all regulations made under this act and all repeals thereof, and alterations and additions thereto, shall be published in the local official gazette.

section 18. of the sarais act : this act may be called the sarais act, .

section 16. of the sarais act : no part of this act, except section 8, shall apply to any sar which may be under the direct management of the local government or of any municipal committee.

section 8. of the insurance regulatory and development authority act : the chairperson and the wholetime members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept a any employment either under the central government or under any state government or b any appointment in any company in the insurance sector.

section 1. of the insurance regulatory and development authority act : 1 this act may be called the insurance regulatory and development authority act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 19th april, , vide notification no. s.o. 397e, dated 19th april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the insurance regulatory and development authority act : 1 the salary and allowances payable to, and other terms and conditions of service of, the members other than parttime members shall be such as may be prescribed. 2 the parttime members shall receive such allowances as may be prescribed. 3 the salary, allowances and other conditions of service of a member shall not be varied to his disadvantage after appointment.

section 3. of the insurance regulatory and development authority act : 1 with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, an authority to be called the insurance regulatory and development authority 1of india. 2 the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. 3 the head office of the authority shall be at such place as the central government may decide from time to time. 4 the authority may establish offices at other places in india. 1 ins. by act 5 of , s. 106 w.e.f. .

section 2. of the insurance regulatory and development authority act : 1 in this act, unless the context otherwise requires, a appointed day means the date on which the authority is established under subsection 1 of section 3 b authority means the insurance regulatory and development authority 1of india established under subsection 1 of section 3 c chairperson means the chairperson of the authority d fund means the insurance regulatory and development authority fund constituted under subsection 1 of section 16 e interim insurance regulatory authority means the insurance regulatory authority set up by the central government through resolution no. 172/94ins.v, dated the 23rd january, 2f intermediary or insurance intermediary includes insurance brokers, reinsurance brokers, insurance consultants, corporate agents, third party administrator, surveyors and loss assessors and such other entities, as may be notified by the authority from time to time g member means a wholetime or a parttime member of the authority and includes the chairperson h notification means a notification published in the official gazette i prescribed means prescribed by rules made under this act j regulations means the regulations made by the authority. 2 words and expressions used and not defined in this act but defined in the insurance act, 4 of or the life insurance corporation act, 31 of or the general insurance business nationalisation act, 57 of shall have the meanings respectively assigned to them in those acts. 1 ins. by act 5 of , s. 105 w.e.f. . 2 subs. by s. 105, ibid., for clause f w.e.f. .

section 9. of the insurance regulatory and development authority act : the chairperson shall have the powers of general superintendence and direction in respect of all administrative matters of the authority.

section 4. of the insurance regulatory and development authority act : the authority shall consist of the following members, namely: a a chairperson b not more than five wholetime members c not more than four parttime members, to be appointed by the central government from amongst persons of ability, integrity and standing who have knowledge or experience in life insurance, general insurance, actuarial science, finance, economics, law, accountancy, administration or any other discipline which would, in the opinion of the central government, be useful to the authority: provided that the central government shall, while appointing the chairperson and the wholetime members, ensure that at least one person each is a person having knowledge or experience in life insurance, general insurance or actuarial science, respectively.

section 10. of the insurance regulatory and development authority act : 1 the authority shall meet at such time and places and shall observe such rules and procedures in regard to transaction of business at its meetings including quorum at such meetings as may be determined by the regulations. 2 the chairperson, or if for any reason he is unable to attend a meeting of the authority, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the person presiding shall have a second or casting vote. 4 the authority may make regulations for the transaction of business at its meetings.

section 6. of the insurance regulatory and development authority act : 1 the central government may remove from office any member who a is, or at any time has been, adjudged as an insolvent or b has become physically or mentally incapable of acting as a member or c has been convicted of any offence which, in the opinion of the central government, involves moral turpitude or d has acquired such financial or other interest as is likely to affect prejudicially his functions as a member or e has so abused his position as to render his continuation in office detrimental to the public interest. 2 no such member shall be removed under clause d or clause e of subsection 1 unless he has been given a reasonable opportunity of being heard in the matter.

section 13., of interim insurance regulatory authority. of the insurance regulatory and development authority act : on the appointed day, a all the assets and liabilities of the interim insurance regulatory authority shall stand transferred to, and vested in, the authority. explanation. the assets of the interim insurance regulatory authority shall be deemed to include all rights and powers, and all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the interim insurance regulatory authority and all books of account and other documents relating to the same and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind b without prejudice to the provisions of clause a, all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the interim insurance regulatory authority immediately before that day, for or in connection with the purpose of the said regulatory authority, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the authority c all sums of money due to the interim insurance regulatory authority immediately before that day shall be deemed to be due to the authority and d all suits and other legal proceedings instituted or which could have been instituted by or against the interim insurance regulatory authority immediately before that day may be continued or may be instituted by or against the authority.

section 5. of the insurance regulatory and development authority act : 1 the chairperson and every other wholetime member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment: provided that no person shall hold office as a chairperson after he has attained the age of sixtyfive years: provided further that no person shall hold office as a wholetime member after he has attained the age of sixtytwo years. 2 a parttime member shall hold office for a term not exceeding five years from the date on which he enters upon his office. 3 notwithstanding anything contained in subsection 1 or subsection 2, a member may a relinquish his office by giving in writing to the central government notice of not less than three months or b be removed from his office in accordance with the provisions of section 6.

section 14. of the insurance regulatory and development authority act : 1 subject to the provisions of this act and any other law for the time being in force, the authority shall have the duty to regulate, promote and ensure orderly growth of the insurance business and reinsurance business. 2 without prejudice to the generality of the provisions contained in subsection 1, the powers and functions of the authority shall include, a issue to the applicant a certificate of registration, renew, modify, withdraw, suspend or cancel such registration b protection of the interests of the policyholders in matters concerning assigning of policy, nomination by policyholders, insurable interest, settlement of insurance claim, surrender value of policy and other terms and conditions of contracts of insurance c specifying requisite qualifications, code of conduct and practical training for intermediary or insurance intermediaries and agents d specifying the code of conduct for surveyors and loss assessors e promoting efficiency in the conduct of insurance business f promoting and regulating professional organisations connected with the insurance and reinsurance business g levying fees and other charges for carrying out the purposes of this act h calling for information from, undertaking inspection of, conducting enquiries and investigations including audit of the insurers, intermediaries, insurance intermediaries and other organisations connected with the insurance business i control and regulation of the rates, advantages, terms and conditions that may be offered by insurers in respect of general insurance business not so controlled and regulated by the tariff advisory committee under section 64u of the insurance act, 4 of j specifying the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by insurers and other insurance intermediaries k regulating investment of funds by insurance companies l regulating maintenance of margin of solvency m adjudication of disputes between insurers and intermediaries or insurance intermediaries n supervising the functioning of the tariff advisory committee o specifying the percentage of premium income of the insurer to finance schemes for promoting and regulating professional organisations referred to in clause f p specifying the percentage of life insurance business and general insurance business to be undertaken by the insurer in the rural or social sector and q exercising such other powers as may be prescribed.

section 11., not to invalidate proceedings of authority. of the insurance regulatory and development authority act : no act or proceeding of the authority shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case.

section 12. of the insurance regulatory and development authority act : 1 the authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and other conditions of service of officers and other employees of the authority appointed under subsection 1 shall be governed by the regulations made under this act.

section 18. of the insurance regulatory and development authority act : 1 without prejudice to the foregoing provisions of this act, the authority shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time: provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government, whether a question is one of policy or not, shall be final.

section 15. of the insurance regulatory and development authority act : the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as the government may think fit for being utilised for the purposes of this act.

section 20., to central government. of the insurance regulatory and development authority act : 1 the authority shall furnish to the central government at such time and in such form and manner as may be prescribed, or as the central government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the insurance industry as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the authority shall, within nine months after the close of each financial year, submit to the central government a report giving a true and full account of its activities including the activities for promotion and development of the insurance business during the previous financial year. 3 copies of the reports received under subsection 2 shall be laid, as soon as may be after they are received, before each house of parliament.

section 16. of the insurance regulatory and development authority act : 1 there shall be constituted a fund to be called the insurance regulatory and development authority fund and there shall be credited thereto a all government grants, fees and charges received by the authority b all sums received by the authority from such other source as may be decided upon by the central government 1 2 the fund shall be applied for meeting a the salaries, allowances and other remuneration of the members, officers and other employees of the authority b the other expenses of the authority in connection with the discharge of its functions and for the purposes of this act. 1. clause c omitted by act 5 of , s. 107 w.e.f.

section 17. of the insurance regulatory and development authority act : 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 21. of the insurance regulatory and development authority act : the chairperson, members, officers and other employees of the authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 19. of the insurance regulatory and development authority act : 1 if, at any time the central government is of the opinion, a that, on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act or b that the authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the authority for such period, not exceeding six months, as may be specified in the notification and appoint a person to be the controller of insurance under section 2b of the insurance act, 4 of , if not already done: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a the chairperson and other members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under subsection 3, be exercised and discharged by the controller of insurance and c all properties owned or controlled by the authority shall, until the authority is reconstituted under subsection 3, vest in the central government. 3 on or before the expiration of the period of supersession specified in the notification issued under subsection 1, the central government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause a of subsection 2 shall not be deemed to be disqualified for reappointment. 4 the central government shall cause a copy of the notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 22. of the insurance regulatory and development authority act : no suit, prosecution or other legal proceedings shall lie against the central government or any officer of the central government or any member, officer or other employee of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder: provided that nothing in this act shall exempt any person from any suit or other proceedings which might, apart from this act, be brought against him.

section 28. of the insurance regulatory and development authority act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

section 23. of the insurance regulatory and development authority act : 1 the authority may, by general or special order in writing, delegate to the chairperson or any other member or officer of the authority subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary. 2 the authority may, by a general or special order in writing, also form committees of the members and delegate to them the powers and functions of the authority as may be specified by the regulations.

section 23a. of the insurance regulatory and development authority act : 123a. powers of authority not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the authority under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 24. of the insurance regulatory and development authority act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salary and allowances payable to, and other terms and conditions of service of, the members other than parttime members under subsection 1 of section 7 b the allowances to be paid to the parttime members under subsection 2 of section 7 c such other powers that may be exercised by the authority under clause q of subsection 2 of section 14 d the form of annual statement of accounts to be maintained by the authority under subsection 1 of section 17 e the form and manner in which and the time within which returns and statements and particulars are to be furnished to the central government under subsection 1 of section 20 f the matters under subsection 5 of section 25 on which the insurance advisory committee shall advise the authority g any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules.

section 25. of the insurance regulatory and development authority act : 1 the authority may, by notification, establish with effect from such date as it may specify in such notification, a committee to be known as the insurance advisory committee. 2 the insurance advisory committee shall consist of not more than twentyfive members excluding ex officio members to represent the interests of commerce, industry, transport, agriculture, consumer fora, surveyors, agents, intermediaries, organisations engaged in safety and loss prevention, research bodies and employees association in the insurance sector. 3 the chairperson and the members of the authority shall be the ex officio chairperson and ex officio members of the insurance advisory committee. 4 the objects of the insurance advisory committee shall be to advise the authority on matters relating to the making of the regulations under section 26. 5 without prejudice to the provisions of subsection 4, the insurance advisory committee may advise the authority on such other matters as may be prescribed.

section 26. of the insurance regulatory and development authority act : 1 the authority may, in consultation with the insurance advisory committee, by notification, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the time and places of meetings of the authority and the procedure to be followed at such meetings including the quorum necessary for the transaction of business under subsection 1 of section 10 b the transaction of business at its meetings under subsection 4 of section 10 c the terms and other conditions of service of officers and other employees of the authority under subsection 2 of section 12 d the powers and functions which may be delegated to committees of the members under subsection 2 of section 23 and e any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be or may be made by regulations.

section 27. of the insurance regulatory and development authority act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 32. of the insurance regulatory and development authority act : the general insurance business nationalisation act, shall be amended in the manner specified in the third schedule to this act.

section 29. of the insurance regulatory and development authority act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the appointed day. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 31. of the insurance regulatory and development authority act : the life insurance corporation act, shall be amended in the manner specified in the second schedule to this act.

section 30. of the insurance regulatory and development authority act : the insurance act, shall be amended in the manner specified in the first schedule to this act.

section 8. of the public gambling act : on conviction of any person for keeping or using any such common gaminghouse, or being present therein for the purpose of gaming, the convicting magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have been severally thereunto entitled.

section 1. of the public gambling act : in this act 1 common gaminghouse.common gaminghouse means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place, or otherwise howsoever. 2 1. definitions of lieutenantgovernor and chief commissioner rep. by the a. o. . 2. the clauses relating to number and gender were rep, by act 17 of , s. 3 and the second schedule.

section 7. of the public gambling act : if any person found in any common gaminghouse entered by any magistrate or officer of police under the provisions of this act, upon being arrested, by any such officer or upon being brought before any magistrate, on being required by such officer or magistrate to give his name and address, shall refuse or neglect to give the same, or shall give any false name or address, he may upon conviction before the same or any other magistrate be adjudged to pay any penalty not exceeding five hundred rupees, together with such costs as to such magistrate shall appear reasonable, and on the nonpayment of such penalty and costs, or in the first instance, if to such magistrate it shall seem fit, may be imprisoned for any period not exceeding one month.

section 2. of the public gambling act : 1 sections 13 and 17 of this act shall extend to the whole of the 2 said states and it shall be competent to the state government whenever it may think fit, to extend, by a notification to be published in three successive numbers of the official gazette, all or any of the remaining sections of this act to any city, town, suburb, railwaystation, house and place being not more than three miles distant from any part of such stationhouse within the 3states, and in such notification to define, for the purposes of this act, the limits of such city, town, suburb or stationhouse, and from time to time to alter the limits so defined. from the date of any such extension, so much of any rule having the force of law which shall be in operation in the territories to which such extension shall have been made, as shall be inconsistent with or repugnant to any section so extended, shall cease to have effect in such territories. 1. subs. by act 12 of , s. 2 and the second schedule, for sections 13, 17 and 18, 2. subs. by the a.o. , for said provinces. 3. subs., ibid., for provinces which had been subs. by the a.o. , for territories subject to its govt. or administration.

section 9. of the public gambling act : it shall not be necessary, in order to convict any person of keeping a common gaminghouse, or of being concerned in the management of any common gaminghouse, to prove that any person found playing at any game was playing for any money, wager or stake.

section 4. of the public gambling act : whoever is found in any such house, walled enclosure, room or place, playing or gaming with cards, dice, counters, money or other instruments of gaming, or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description,1 as defined in the indian penal code 45 of , for any term not exceeding one month,2 and any person found in any common gaminghouse during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purpose of gaming. 1. see s. 53 of the code. 2. as to enhanced punishment for a second conviction of an offence under s. 3 or s. 4, see s. 15 of this act.

section 3. of the public gambling act : whoever, being the owner or occupier, or having the use, of any house, walled enclosure, room or place situated within the limits to which this act applies, opens, keeps or uses the same as a common gaminghouse and whoever, being the owner or occupier of any such house, walled enclosure, room or place as aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept by any other person as a common gaminghouse and whoever has the care or management of, or in any manner assists in conducting, the business of any house, walled enclosure, room or place as aforesaid, opened, occupied, used or kept for the purpose aforesaid and whoever advances or furnishes money for the purpose of gaining with persons frequenting such house, walled enclosure, room or place shall be liable to a fine not exceeding twohundred rupees, or to imprisonment of either description,1 as defined in the indian penal code 45 of , for any term not exceeding three months.2 1. see s. 53 of the code. 2. as to enhanced punishment for a second conviction of an offence under s. 3 or s. 4, see s. 15 of this act.

section 6., in suspected houses, to be evidence that such houses are common gaming houses. of the public gambling act : when any cards, dice, gamingtables, cloths, boards or other instruments of gaming are found in any house, walled enclosure, room or place entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, walled enclosure, room or place, is used as a common gaminghouse, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the magistrate or policeofficer, or any of his assistants.

section 5. of the public gambling act : if the magistrate of a district or other officer invested with the full powers of a magistrate, or the district superintendent of police, upon credible information, and after such enquiry as he may think necessary, has reason to believe that any house, walled enclosure, room or place, is used as a common gaminghouse, he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the state government shall appoint in this behalf to enter with such assistance as may be found necessary, by night or by day, and by force if necessary, any such house, walled enclosure, room or place and may either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming and may seize or authorise such officer to seize all instruments of gaming, and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming which are found therein and may search or authorise such officer to search all parts of the house, walled enclosure, room or place which lie or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search.

section 10. of the public gambling act : it shall be lawful for the magistrate before whom any persons shall be brought, who have been found in any house, walled enclosure, room or place entered under the provisions of this act, to require any such persons to be examined on oath or solemn affirmation, and give evidence touching any unlawful gaming in such house, walled enclosure, room or place, or touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, walled enclosure, room or place or any part thereof, of any magistrate or officer authorised as aforesaid. no person so required to be examined as a witness shall be excused from being so examined when brought before such magistrate as aforesaid, or from being so examined at any subsequent time by or before the same or any other magistrate, or by or before any court on any proceeding or trial in any ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself. any such person so required to be examined as a witness, who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person committing the offence described in section 178 or section 179 as the case may be of the indian penal code 45 of .

section 15. of the public gambling act : whoever, having been convicted of an offence punishable under section 3 or section 4 of this act, shall again be guilty of any offence punishable under either of such sections, shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description: provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to imprisonment for a term exceeding one year.

section 11. of the public gambling act : any person who shall have been concerned in gaming contrary to this act, and who shall be examined as a witness before a magistrate on the trial of any person for a breach of any of the provisions of this act relating to gaming, and who, upon such examination, shall in the opinion of the magistrate make true and faithful discovery, to the best of his knowledge, of all things as to which he shall be so examined, shall thereupon receive from the said magistrate a certificate in writing to that effect, and shall be freed from all prosecutions under this act for anything done before that time in respect of such gaming.

section 17. of the public gambling act : all fines imposed under this act may be recovered in the manner prescribed by section 61 of the 1code of criminal procedure 2 . 1. see now the code of criminal procedure, 2 of . 2. the words and brackets and such fines shall subject to the provisions contained in the last preceding section be applied as the lieutenantgovernor or chief commissioner, as the case may be, shall from time to time direct rep. by the a. o. .

section 12. of the public gambling act : nothing in the foregoing provisions of this act contained shall be held to apply to any game of mere skill wherever played.

section 13. of the public gambling act : a policeofficer may apprehend without warrantany person found playing for money or other valuable thing with cards, dice, counters or other instruments of gaming, used in playing any game not being a game of mere skill in any public street, place or thoroughfare situated within the limits aforesaid, or any person setting any birds or animals to fight in any public street, place or thoroughfare situated within the limits aforesaid, or any person there present aiding and abetting such public fighting of birds and animals. such person when apprehended shall be brought without delay before a magistrate, and shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous, for any term not exceeding one calendar month destruction of instruments of gaming found in public street.and such policeofficer may seize all instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the magistrate may on conviction of the offender order such instruments to be forthwith destroyed.

section 14. of the public gambling act : offences punishable under this act shall be triable by any magistrate having jurisdiction in the place where the offence is committed. but such magistrate shall be restrained within the limits of his jurisdiction under the 1code of criminal procedure, as to the amount of fine or imprisonment he may inflict. state amendment uttar pradesh. insertion of new section 14a in act no. 3 of .after section 14 of the public gambling act, , the following section shall be inserted, namely: 14a. compounding of offences.an officer specially empowered in this behalf by the state government by notification may, subject to any general or special order of the state government in this behalf, compound any offence punishable under this act, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii before the institution of the prosecution, the composition shall amount to acquittal of the offender. provided that nothing contained in this section shall authorize the composition of any subsequent offence committed by an offender who has once been convicted for any offence punishable under this act. vide uttar pradesh act 35 of , s. 6 abatement of certain trials.notwithstanding anything contained in any other law for the time being in force, 1 the trial of an accused for a an offence punishable under i the motor vehicles act, or ii the public gambling act, , not being an offence punishable under section 3 of that act or an offence in respect of wagering punishable under section 13 of that act or iii section 34 of the police act, or iv section 160 of the indian penal code, or b any other offence punishable with fine only, or 2 a procedure, under section 107 or section 109 of the code of criminal procedure, , pending before a magistrate on the date of commencement of this act from before december 31, shall abate. vide the uttar pradesh act 35 of , s. 9, and amended by uttar pradesh act 29 of and 9 of . 1. see now the code of criminal procedure, 2 of .

section 18.. of the public gambling act : offences under this act to be offences within the meaning of penal code. rep. by the repealing act, 16 of , s. 1 and the schedule, pt. i.

section 16. of the public gambling act : the magistrate trying the case may direct any portion of any fine which shall be levied under sections 3 and 4 of this act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this act, to be paid to an informer.

section 8. of the british india corporation limited acquisition of shares act : 1 every shareholder, having a claim in relation to any share acquired by this act, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring theclaim within the period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter. 2 every shareholder of a preference share shall have a preferential claim with regard to the amount paid by the central government to the commissioner.

The British India Corporation Limited (Acquisition of Shares) Act, 1981

section 1. of the british india corporation limited acquisition of shares act : 1 this act may be called the british india corporation limited acquisition of shares act, . 2 it shall be deemed to have come into force on the 11th day of june, .

section 7. of the british india corporation limited acquisition of shares act : 1 the central government shall, within thirty days from the specified date,pay, in cash, to the commissioner, for payment to the shareholders of the company, a an amount equal to the amount specified in subsection 1 of section 5 and b an amount equal to the amount determined under subsection 2 of section 5. 2 a deposit account shall be opened by the central government in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 the interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2, shall enure to the benefit of the shareholders of the company.

section 2. of the british india corporation limited acquisition of shares act : in this act, unless the context otherwise requires, a appointed day means the 11th day of june, b bank means a banking company within the meaning of the banking regulation act, 10 of c commissioner means the commissioner of payments appointed under section 6 d company means british india corporation limited,being a company within the meaning of the companies act, 1 of , and having its registered office at sutherland house, kanpur, in the state of uttar pradesh e notification means a notification published in the official gazette f share means a share, whether ordinary or preference, in the capital of the company, and includes a share pledged by any shareholder with any bank or other creditor, but does not include any share in the capital of the company held by i the central government ii any state government iii the state bank of india, established under section 3 of the state bank of india act, 23 of , and its subsidiary banks iv the life insurance corporation of india, established under section 3 of the life insurance corporation act, 31 of v the unit trust of india, established under section 3 of the unit trust of india act, 52 of vi any corresponding new bank, within the meaning of the banking companies acquisition and transfer of undertakings act, 5 of vii any corresponding new bank, within the meaning of the banking companies acquisition and transfer of undertakings act, 40 of viii any general insurance company nationalised by the general insurance business nationalisation act, 57 of g shareholder means, i a person who, immediately before the appointed day, was registered by the company as the holder of any share and includes his legal representative or ii a person who, before the appointed day, had lodged with the company a proper instrument of transfer of any share in the form prescribed under section 108 of the companies act, 1 of , and executed in accordance with the provisions of that section or iii a person who claims under a proper instrument of transfer of any share in the form prescribed under section 108 of the companies act, 1 of , and delivers such instrument to the commissioner, duly executed, on or before such date as the central government may, by notification, specify in this behalf h specified date means such date as the central government may, for the purpose of any provision of this act, by notification, specify and different dates may be specified for different provisions of this act i words and expressions used herein and not defined but defined in the companies act, 1 of , have the meanings respectively assigned to them in that act.

section 3. of the british india corporation limited acquisition of shares act : 1 on the appointed day, all the shares of the company shall, by virtue of this act, stand transferred to, and vest in, the central government. 2 the central government shall be deemed, on and from the appointed day, to have been registered in the register of members of the company as the holder of each share which stands transferred to, and vested in, it by virtue of the provisions of subsection1. 3 all the shares which have vested in the central government under subsection 1, shall, by force of such vesting, be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them, and any attachment, injunction or any decree or order of the court, tribunal or other authority restricting the use of such shares in any manner, shall be deemed to have been withdrawn. 4 for the removal of doubts, it is hereby declared that the provisions of subsections 1 and 2 shall not be deemed to affect a any right of the company subsisting, immediately before the appointed day, against any shareholder to recover from such shareholder any sum of money on the ground that the shareholder has not paid or credited to the company the whole or any part of the value of the shares held by him, or on any other ground whatsoever or b any right of the shareholder subsisting, immediately before the appointed day, against the company to receive any dividend or other payment due from the company.

section 9. of the british india corporation limited acquisition of shares act : on receipt of the claims made under section 8, the commissioner shall separately arrange the claims in relation to preference shares and in relation to the ordinary shares and examine the claims in relation to each such share.

section 4. of the british india corporation limited acquisition of shares act : for the purpose of enabling the company to function as a government company, the central government may, by notification, make such provisions including changes in the board of directors, and amendments in the memorandum and articles of association, of the company as it may consider necessary and the provisions so made shall have effect notwithstanding anything contained in the companies act, 1 of .

section 5. of the british india corporation limited acquisition of shares act : 1 for the transfer to, and vesting in, the central government, under section 3, of the shares of the company, there shall be given by the central government to the shareholders of the company, in cash and in the manner specified in section 7, an amount of rupees twentytwo lakhs and sixty thousand. 2 the amount, referred to in subsection 1, shall carry simple interest at the rate of four percent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner.

section 10. of the british india corporation limited acquisition of shares act : 1 after examining the claims, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursements made by the commissioner. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of daily newspaper in the english language and in one issue of such daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the time specified in the advertisement. 3 every claimant, who fails to file the proof of his claim within the time specified by the commissioner, shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary, and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he will hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 345 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated.

section 6. of the british india corporation limited acquisition of shares act : 1 the central government shall, for the purpose of disbursing the amounts payable to shareholders of the company under section 5, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act, and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act, and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 11. of the british india corporation limited acquisition of shares act : 1 after admitting a claim under this act, the amount due in respect of each share acquired by virtue of this act shall be paid by the commissioner at the rate of rupees ten per preference share, and at the rate of fifty paise per ordinary share to the person or persons to whom such sums are due, and on such payment, the liability of the central government in respect of the share so acquired shall stand discharged. 2 the commissioner shall also apportion amongst the shareholders, the amount paid to him by way of interest under subsection 3 of section 7, and such apportionment shall be made on the basis of the amount due to each shareholder.

section 12. of the british india corporation limited acquisition of shares act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner before his office is finally would up to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 13. of the british india corporation limited acquisition of shares act : for the purposes of ascertaining whether any person claiming payment under this act is a shareholder, the commissioner shall have the right to a require any person, having the possession, custody or control, of any register or record of the company, to produce such register or record before the commissioner, b require any person to make any statement or furnish any information which may be required by the commissioner.

section 14. of the british india corporation limited acquisition of shares act : where there is any dispute as to the person or persons who are entitled to any amount payable under this act including any dispute as to who are the legal representatives of any deceased claimant to the amount, the commissioner may, after making such inquiry as he may deem fit, make the payment to such person as appears to him to be best entitled to receive the amount: provided that if the commissioner is unable to determine as to who is the person entitled to the amount and considers that the matter could more appropriately be dealt with by the principal civil of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated, he may refer such dispute to the said court, whose decision thereon shall be final: provided further that nothing contained herein shall affect the liability of any person, who may receive the whole or any part of the amount allowed under this act, to pay the same to the person lawfully entitled thereto.

section 15. of the british india corporation limited acquisition of shares act : where any dispute has been referred under section 14 by the commissioner to the civil court referred to therein, he shall deposit the amount in that court.

section 16. of the british india corporation limited acquisition of shares act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any law, other than this act, or in any instrument having effect by virtue of any law, other than this act.

section 17. of the british india corporation limited acquisition of shares act : if any person, a makes any claim for any payment under this act, knowing or having reason to believe that such claim is false or without any basis or b when required under this act so to do, i omits or fails to produce any register or record of the company or ii makes any statement of furnishes any information which is false in any material particular and which he knows or believes to be false or does not believe to be true or c makes any such statement as aforesaid in any book, account, record, register, return or other document, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 19. of the british india corporation limited acquisition of shares act : no court shall take cognizance of an offence punishable under this act, except with the previous sanction of the central government or of an officer authorised by that government in this behalf.

section 18. of the british india corporation limited acquisition of shares act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against the punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 21. of the british india corporation limited acquisition of shares act : 1 the british india corporation acquisition of shares ordinance, 5 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 20. of the british india corporation limited acquisition of shares act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have affect only in such modified form or be no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the petroleum and minerals pipelines acquisition of right of user in land act : for maintaining, examining, repairing, altering or removing any pipelines, or for doing any other act necessary for the utilisation of the pipelines or for the making of any inspection or measurement for any of the aforesaid purposes, any person authorised in this behalf by the central government, the state government or the corporation, as the case may be, may, after giving reasonable notice to the occupier of the land under which the pipelines has been laid, enter therein with such workmen and assistants as may be necessary: provided that, where such person is satisfied that an emergency exists no such notice shall be necessary: provided further that, while exercising any powers under this section, such person or any workmen or assistant of such person, shall cause as little damage or injury as possible to such land.

The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962

section 1. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 this act may be called the 2petroleum and minerals pipelines acquisition of right of user in land act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it applies in the first instance to the whole of the states of west bengal, bihar, uttarpradesh and gujarat and the union territory of delhi, and the central government may, by notification in the official gazette, declare that this act shall also apply to such other state of union territory and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to that state or union territory accordingly. 1. subs. by s. 3, ibid., for petroleum pipelines w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 where the right of user in any land has vested in the central government or in any state government or corporation under section 6 i it shall be lawful for any person authorised by the central government or such state government or corporation as the case may be, and his servants and workmen to enter upon the land and lay pipelines or to do any other act necessary for the laying of pipelines: provided that no pipeline shall be laid under a any land which, immediately before the date of the notification under subsection 1 of section 3, was used for residential purposes b any land on which there stands any permanent structure which was in existence immediately before the said date c any land which is appurtenant to a dwelling house or d any land at a depth which is less than one metre from the surface 1 2ia for laying pipelines for the transport of petroleum, it shall be lawful for any person authorised by the central government or such state government or corporation to use such land for laying pipelines for transporting any mineral and where the right of user in any land has so vested for laying pipelines for transporting any mineral, it shall be lawful for such person to use such land for laying pipelines for transporting petroleum or any other mineral and. ii such land shall be used only for laying the pipelines and for maintaining, examining, repairing, altering or removing any such pipelines or for doing any other act necessary for any of the aforesaid purposes or for the utilisation of such pipelines. 2 if any dispute arises with regard to any matter referred to in paragraph b or paragraph c of the proviso to clause i of subsection 1, the dispute shall be referred to the competent authority whose decision thereon shall be final. 1. the word and omitted by s. 8, ibid. w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 3. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 whenever it appears to the central government that it is necessary in the public interest that for the transport of petroleum 1or any mineral from one locality to another locality pipelines may be laid by that government or by any state government or a corporation and that for the purpose of laying such pipelines it is necessary to acquire the right of user in any land under which such pipelines may be laid, it may, by notification in the official gazette, declare its intention to acquire the right of user therein. 2 every notification under subsection 1 shall give a brief description of the land. 3 the competent authority shall cause the substance of the notification to be published at such places and in such manner as may be prescribed. 1. ins. by s. 5, ibid. w.e.f. .

section 2. of the petroleum and minerals pipelines acquisition of right of user in land act : in this act, unless the context otherwise requires, a competent authority means any person or authority authorised by the central government, by notification in the official gazette, to perform the functions of the competent authority under this act 1and different persons or authorities may be authorised to perform all or any of the functions of the competent authority under this act in the same area or different areas specified in the notification b corporation means any body corporate established under any central, provincial or state act, and includes i a company formed and registered under the companies act, 1 of and ii a company formed and registered under any law relating to companies formerly in force in any part of india 1ba minerals have the meanings assigned to them in the mines act, 35 of , and include mineral oils and stowing sand but do not include petroleum c petroleum has the same meaning as in the petroleum act, 30 of , and includes natural gas and refinery gas d prescribed means prescribed by rules made under this act. 1. ins. by act 13 of , s. 4 w.e.f.

section 9. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 the owner or occupier of theland with respect to which a declaration has been made under subsection 1 of section 6, shall be entitled to use the land for the purpose for which such land was put to use immediately before the date of the notification under subsection 1 of section 3: provided that, such owner or occupier shall not after the declaration under subsection 1 of section 6 i construct any building or any other structure ii construct or excavate any tank, well, reservoir or dam or iii plant any tree, on that land. 2 the owner or occupier of the land under which any pipelines has been laid shall not do any act or permit any act to be done which will or is likely to cause any damage in any manner whatsoever to the pipeline. 13 where the owner or occupier of the land with respect to which a declaration has been made under subsection 1 of section 6, a constructs any building or any other structure, or b constructs or excavates any well, tank, reservoir or dam, or c plants any tree, on that land, the court of the district judge within the local limits of whose jurisdiction such land is situate may, on an application made to it by the competent authority and after holding such inquiry as it may deem fit, cause the building, structure, reservoir, dam or tree to be removed or the well or tank to be filled up, and the costs of such removal or filling up shall be recoverable from such owner or occupier in the same manner as if the order for the recovery of such costs were a decree made by that court. 1. ins. by act 13 of , s. 9 w.e.f. .

section 4. of the petroleum and minerals pipelines acquisition of right of user in land act : on the issue of a notification under subsection 1 of section 3, it shall be lawful for any person authorised by the central government or by the state government or the corporation which proposes to lay pipelines 5 or any mineral, and his servants and workmen. a to enter upon and survey and take levels of any land specified in the notification b to dig or bore into the subsoil c to set out the intended line of work d to mark such levels, boundaries and line by placing marks and cutting trenches e where otherwise survey cannot be completed and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle and f to do all other acts necessary to ascertain whether pipelines can be laid under the land: provided that where exercising any power under this section, such person or any servant or workmen of such person shall cause as little damage or injury as possible to such land. 5 ins. by act 13 of , s. 6 w.e.f.

section 5. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 any person interested in the land may, within twentyone days from the date of the notification under subsection 1 of section 3, object to the laying of the pipelines under the land. 2 every objection under subsection 1 shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard either in person of by a legal practitioner and may, after hearing all such objections and after making such further inquiry, if any, as that authority thinks necessary, by order either allow or disallow the objections. 3 any order made by the competent authority under subsection 2 shall be final.

section 10. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 where in the exercise of the powers conferred by section 4, section 7 or section 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be, or is being, or has been laid, the central government, the state government or the corporation , as the case may be , shall be liable to pay compensation to such person for such damage, loss or injury , the amount of which shall be determined by the competent authority in the first instance. 2 if the amount of compensation determined by the competent authority under subsection 1 is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the district judge within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that district judge. 3 the competent authority or the district judge while determining the compensation under subsection 1 or subsection 2, as the case may be, shall have due regard to the damage or loss sustained by any person interested in the land by reason of i the removal of trees of standing crops, if any, on the land while exercising the power under section 4, section 7 or section 8 ii the temporary severance of the land under which the pipeline has been laid from other lands belonging to, or in the occupation of, such person or iii any injury to any other property, whether movable or immovable , or the earnings of such persons caused in any other manner: provided that in determining the compensation no account shall be taken of any structure or other improvement made in the land after the date of the notification under subsection 1 of section 3. 4 where the right of user of any land has vested in the central government, the state government or the corporation , the central government, the state government or the corporation , as the case may be, shall, in addition to the compensation, if any, payable under subsection 1, be liable to pay to the owner and to any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such vesting, compensation calculated at ten per cent. of the market value of that land on the date of the notification under subsection 1 of section 3. 5 the market value of the land on the said date shall be determined by the competent authority and if the value so determined by that authority is not acceptable to either of the parties, it shall, on application by either of the parties to the district judge referred to in subsection 2, be determined by that district judge. 6 the decision of the district judge under subsection 2 or subsection 5 shall be final.

section 6. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 where no objections under subsection 1 of section 5 have been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under subsection 2 of that section, that authority shall, as soon as may be 1either make a report in respect of the land described in the notification under subsection 1 of section 3, or make different reports in respect of different parcels of such land, to the central government containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that government and upon receipt of such report the central government shall 2, if satisfied that such land is required for laying any pipeline for the transport of petroleum or any mineral, declare, by notification in the official gazette, that the right of user in the land for laying the pipelines should be acquired. 2and different declarations may be made from time to time in respect of different parcels of the land described in the notification issued under subsection 1 of section 3, irrespective of whether one report or different reports have been made by the competent authority under this section. 2 on the publication of the declaration under subsection 1, the right of user 3in the land specified therein shall vest absolutely in the central government free from all encumbrances. 3 where in respect of any land, a notification has been issued under subsection 1 of section 3 but 4no declaration in respect of any parcel of land covered by that notification has been published under this section within a period of one year from the date of that notification, that notification shall cases to have effect on the expiration of that period. 53a no declaration in respect of any land covered by a notification issued under subsection 1 of section 3, published after the commencement of the petroleum pipelines acquisition of right of user in land amendment act, , shall be made after the expiry of three years from the date of such publication. 4 notwithstanding anything contained in subsection 2, the central government may, on such terms and conditions as it may think fit to impose, direct by order in writing, that the right of user in the land for laying the pipelines shall, instead of vesting in the central government vest, either on the date of publication of the declaration or, on such other date as may be specified in the direction, in the state government or the corporation proposing to lay the pipelines and thereupon the right of such user in the land shall, subject to the terms and conditions so imposed, vest in that state government or corporation, as the case may be, free from all encumbrances. 1. subs. by s. 7, ibid., for submit a report accordingly to the central government w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by act 13 of , s. 7, for in the land w.e.f. . 4. subs. by s. 7, ibid., for no declaration under this section has been published, w.e.f. . 5. ins. by s. 7, ibid. w.e.f. .

section 14. of the petroleum and minerals pipelines acquisition of right of user in land act : save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the competent authority is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or proposed to be taken in pursuance of any power conferred by or under this act.

section 11. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 the amount of compensation determined under section 10 shall be deposited by the central government, the state government or the corporation, as the case may be, with the competent authority within such time and in such manner as may be prescribed. 2 if the amount of compensation is not deposited within the time prescribed under subsection 1, the central government, the state government or the corporation, as the case may be, shall be liable to pay interest thereon at the rate of six per cent. per annum from the date on which the compensation had to be deposited till the date of the actual deposit. 3 as soon as may be after the compensation has been deposited under subsection 1 the competent authority shall, on behalf of the central government the state government or the corporation, as the case may be, pay the compensation to the persons entitled thereto. 4 where several persons claim to be interested in the amount of compensation deposited under subsection 1, the competent authority shall determined the persons who in its opinion are entitled to receive the compensation and the amount payable to each of them. 5 if any dispute arises as to the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereon is payable, the competent authority shall refer the dispute to the decision of the district judge within the limits of whose jurisdiction the land or any part thereof is situated and the decision of the district judge thereon shall be final.

section 16b. of the petroleum and minerals pipelines acquisition of right of user in land act : 116b. presumption regarding property.when any proceeding taken under this act, or in consequence of anything done under this act, a question arises as to whether any petroleum product is the property of the corporation, the court shall presume, unless the contrary is shown, that such petroleum product belongs to the corporation. 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 12. of the petroleum and minerals pipelines acquisition of right of user in land act : the competent authority shall have, for the purposes of this act, all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commission for examination of witnesses.

section 13. of the petroleum and minerals pipelines acquisition of right of user in land act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rule or notification made or issued thereunder. 2 no suit or other legal proceeding shall lie against the central government, the competent authority or any state government, or corporation for any damage, loss or injury caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or notification made or issued there under.

section 16d. of the petroleum and minerals pipelines acquisition of right of user in land act : 116d. section 438 of the code of criminal procedure, not to apply.nothing in section 438 of the code of criminal procedure, 2 of shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under subsection 4 of section 15. 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 15. of the petroleum and minerals pipelines acquisition of right of user in land act : 115. penalty.1 whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 7 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4 or wilfully does any act prohibited under section 9, shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. 2 whoever wilfully makes or causes to make any unauthorised connection with or removes, destroys, damages or displaces any pipeline laid under section 7, or wilfully inserts any device to extract petroleum product or minerals from such pipeline, or wilfully disrupts supplies being made through the pipeline, shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine. 3 if any person convicted of an offence under subsection 2 is again convicted of an offence under the same provision, he shall be punishable with rigorous imprisonment for the second and for every subsequent offence for a term which shall not be less than three years but which may extend to ten years: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years. 4 whoever, with the intent to cause or knowing that he is likely to cause damage to or destruction of any pipeline laid under section 7, causes by fire, explosive substance or otherwise damage to the pipeline being used for transportation of petroleum products, crude oil or gas with the intent to commit sabotage or with the knowledge that such act is so imminently dangerous that it may in all probability cause death of any person or such bodily injury likely to cause death of any person, shall be punishable with rigorous imprisonment which shall not be less than ten years but may extend to imprisonment for life or death. 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 16. of the petroleum and minerals pipelines acquisition of right of user in land act : 116. certain offences to be cognizable.notwithstanding anything contained in the code of criminal procedure, 2 of , an offence falling under subsections 2, 3 and 4 of section 15 shall be deemed to be cognizable and nonbailable within the meaning of that code. 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 16a. of the petroleum and minerals pipelines acquisition of right of user in land act : 116a. burden of proof in certain cases.where any petroleum product together with any tool, vehicle or any item used in committing any such offence under subsection 2 or subsection 4 of section 15 are seized under this act in the reasonable belief that such petroleum product has been stolen from the pipeline laid under section 7, the burden of proving that they are not stolen property shall be, in case where such seizure is made from the possession of any person, i on the person from whose possession the property was seized, and ii on the person who claims to be the owner thereof, if any person other than the person from whose possession the stolen property was seized. 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 18. of the petroleum and minerals pipelines acquisition of right of user in land act : the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force relating to acquisition of land.

section 16c. of the petroleum and minerals pipelines acquisition of right of user in land act : 116c. provisions as to bail.1 notwithstanding anything contained in the code of criminal procedure, 2 of , no person accused of an offence punishable under subsection 4 of section 15 shall, if in custody, be released on bail or on his own bond unless a the public prosecutor has been given an opportunity to oppose the application for such release and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 2 the limitations on granting of bail specified in subsection 1 are in addition to the limitations under the code of criminal procedure, 2 of or any other law for the time being in force on granting of bail. 3 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code of criminal procedure, 2 of . 1. subs. by act 9 of , s. 2, for sections 15 and 16 w.e.f. .

section 17. of the petroleum and minerals pipelines acquisition of right of user in land act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the 1provisions of this act. 2 in particulars and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the places at which and the manner in which the substance of the notification may be published under sub section 3 of section 3 b the time within which and the manner in which the amount of compensation may be deposited under subsection 1 of section 11. 3 every rule made under this act shall be laid as soon as may be after it is made before each houses of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if 1before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule . 1. subs. by act 13 of , s. 10, for purposes w.e.f. . 2. subs. by act 13 of , s. 10, for before the expiry of the session in which it is so laid or the successive sessions aforesaid w.e.f. .

section 8. of the faridabad development corporation act : no act or proceeding of the corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

section 1. of the faridabad development corporation act : this act may be called the faridabad development corporation act, .

section 2. of the faridabad development corporation act : in this act, unless the context otherwise requires, a corporation means the faridabad development corporation established under section 3 b displaced person means any person who, on account of the setting up of the dominions of india and pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of pakistan, has, after the 1st day of march, , left, or been displaced from, his place of residence in such area and who has been subsequently residing in india c faridabad means the new township at faridabad in the district of gurgaon in the state of 1haryana, the area of which is described in the schedule d member means a member of the faridabad development corporation and includes its chairman e prescribed means prescribed by rules made under this act. 1. subs. by the punjab reorganisation and delhi high court adaptation of laws on union subjects order, , for punjab w.e.f. .

section 7. of the faridabad development corporation act : if any member of the corporation is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his appointment, the central government may appoint another person to act in his place during his absence.

section 3. of the faridabad development corporation act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established a corporation by the name of the faridabad development corporation. 2 the said corporation shall be a body corporate having perpetual succession and a common seal, and shall by the said name sue and to be sued.

section 9. of the faridabad development corporation act : the corporation may constitute such committees for general or special purposes as the corporation deems necessary to carry out the purposes of this act.

section 4. of the faridabad development corporation act : the corporation shall consist of a chairman and such other members, being not less than four and not more than eight, as the central government may, by notification in the official gazette, appoint.

section 5. of the faridabad development corporation act : 1 the term of office and conditions of service of the chairman and other members shall be such as may be prescribed. 2 the chairman or any other member may resign his office by writing under his hand addressed to the central government, but he shall continue in office until the appointment of his successor is notified in the official gazette. 3 a casual vacancy created by the resignation of the chairman or any other member under subsection 2 or for any other reason shall be filled by fresh appointment.

section 12. of the faridabad development corporation act : 1 there shall be an administrator of the corporation who shall be appointed by the central government. 2 the administrator shall be the chief executive officer of the corporation and all other officers of the corporation shall be subordinate to him. 3 the administrator shall have the right to take part in the discussions of the corporation or of any of its committees but shall not have the right to vote at the meetings of the corporation or of any of its committees: provided that when one of the members of the corporation is appointed under subsection 1 as the administrator, such administrator shall have all the rights and privileges of a member. 4 the corporation may appoint such other officers as it may consider necessary for the efficient performance of its functions under this act.

section 6. of the faridabad development corporation act : a person shall be disqualified for being appointed or for continuing as a member of the corporation if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done, for, the corporation except as a shareholder other than a director in an incorporated company: provided that where he is a shareholder, he shall disclose to the central government the nature and extent of shares held by him in such company.

section 16. of the faridabad development corporation act : the central government may, after due appropriation made by parliament by law in this behalf, make such grants and advance such loans to the corporation as the central government may deem necessary for the performance of the functions of the corporation under this act and all grants made and all loans advanced shall be on such terms and conditions as the central government may determine.

section 10. of the faridabad development corporation act : 1 the corporation shall meet for the transaction of business at such times and places as may be prescribed: provided that the chairman may, whenever he thinks fit, and shall, upon the written requisition of not less than two members, call a special meeting. 2 the chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the corporation. 3 all questions which come before any meeting of the corporation shall be decided by majority of votes of the members present, and in the case of an equality of votes, the chairman, or in his absence, any other person presiding, shall have a second or casting vote.

section 18. of the faridabad development corporation act : the corporation shall repay, at such intervals and on such terms as the central government may determine, the amount of capital provided under section 15 and all loans advanced under section 16 with interest at such rate as may, from time to time, be fixed by that government and such repayment of capital or loan or payment of interest shall be deemed to be part of the expenditure of the corporation.

section 11. of the faridabad development corporation act : all orders and decisions of the corporation shall be authenticated by the signature of the chairman or any other member authorised by the corporation in this behalf, and all other instruments issued by the corporation shall be authenticated by the signature of the administrator or any other officer of the corporation authorised in like manner in this behalf.

section 13. of the faridabad development corporation act : it shall be the general duty of the corporation to carry on and promote trade, business and industry in faridabad, to assist in the rehabilitation of displaced persons settled therein and to manage and develop the property of the union vested in the corporation.

section 15. of the faridabad development corporation act : all nonrecurring expenditure incurred by the central government or the body known as the faridabad development board for and in connection with the development of faridabad or for any of the purposes referred to in this act upto the date of the establishment of the corporation and declared to be capital expenditure by the central government shall be treated as the capital provided by the central government to the corporation.

section 14. of the faridabad development corporation act : 1 the corporation may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this act. 2 without prejudice to the generality of the foregoing provision, such power shall include the power a to acquire and hold such property, both movable and immovable, as the corporation may deem necessary for efficiently performing its functions under this act and to make improvements in such property and to transfer by way of sale, lease or otherwise any such property b to carry on or promote any trade, business or industry c to give financial or other assistance to persons to enable them to carry on trade, business or industry in faridabad primarily with a view to providing employment to, and rehabilitating, displaced persons settled therein d to construct or cause to be constructed residential or other buildings and to sell or let such buildings or cause them to be sold or let, on such terms as may be prescribed e to advance loans on such terms and for such purposes as may be prescribed f to supply or cause to be supplied, in accordance with the law for the time being in force, electrical energy for domestic and industrial purposes at reasonable rates g to take such other measures as the corporation may deem necessary for the rehabilitation of displaced persons settled in faridabad h to take such steps as may be necessary for improving the economic and social conditions of the inhabitants of faridabad. 3 nothing in this section shall affect the exercise of any power or the performance of any function by any local authority having jurisdiction in faridabad.

section 17. of the faridabad development corporation act : all property, assets and funds owned or acquired by the central government or purporting to have been owned or acquired by the body known as the faridabad development board for the purposes of the development of faridabad or for any of the purposes referred to in this act before the establishment of the corporation shall, on such establishment, vest in the corporation unless the central government otherwise directs in respects of any part of such property, assets or funds.

section 19. of the faridabad development corporation act : 1 all rights, liabilities and obligations of the central government which, whether arising out of any contract or otherwise, were acquired or incurred by it in connection with any transaction for the development of faridabad or for any of the purposes referred to in this act before the establishment of the corporation, shall be deemed to have been acquired or incurred by the corporation and shall be the rights, liabilities and obligations, respectively, of the corporation. 2 all suits or other legal proceedings instituted or which might but for the issue of the notification under subsection 1 of section 3 has been instituted by or against the central government may be continued or instituted by or against the corporation.

section 26. of the faridabad development corporation act : 1 notwithstanding anything contained in any other law, where a loan has been advanced to any person for the construction of a building or where a building has been transferred to any person, the amount due to the corporation on account of the loan or transfer together with interest thereon shall be a first charge on the building so constructed or transferred. 2 the corporation may also take such further security as it may consider necessary for advancing any loan or for transferring any building.

section 20. of the faridabad development corporation act : 1 the corporation shall have its own fund and all receipts of the corporation shall be carried thereto and all payments by the corporation shall be made therefrom. 2 all moneys belonging to the fund shall be deposited in such bank or invested in such manner as may be decided by the corporation.

section 21. of the faridabad development corporation act : 1 the corporation shall make such provision for depreciation and for reserve and other funds as the central government may from time to time direct. 2 the management of these funds, the sums to be carried from time to time to the credit thereof and the application of the moneys comprised therein shall be determined in accordance with such directions as the central government may from time to time issue.

section 22. of the faridabad development corporation act : the corporation shall have power to spend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of the corporation.

section 23. of the faridabad development corporation act : the corporation shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of every financial year next ensuing showing the estimated receipts and expenditure, and copies thereof shall be forwarded to the central government.

section 30. of the faridabad development corporation act : the corporation may, by general or special order in writing, delegate to the chairman or any other member or any officer of the corporation, subject to such conditions and limitations if any as may be specified in the order, such of its powers and duties under this act as it may deem necessary for the efficient running of the daytoday administration of the corporation.

section 24. of the faridabad development corporation act : the corporation shall prepare in such form and at such time each year as may be prescribed an annual report giving a true and full account of its activities during the previous financial year and copies thereof shall be sent to the central government and the government of the state of punjab.

section 25. of the faridabad development corporation act : 1 the corporation shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed. 2 the accounts of the corporation shall be audited at such times and in such manner as may be prescribed.

section 31. of the faridabad development corporation act : all members and officers of the corporation shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 32. of the faridabad development corporation act : it is hereby declared that the office of the member of the corporation shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament.

section 27. of the faridabad development corporation act : for the purposes of this act, the central government may, from time to time, give to the corporation such general or special directions as the central government thinks fit and in the performance of the functions, the corporation shall comply with such directions.

section 34. of the faridabad development corporation act : on the establishment of the corporation under section 3, a all action purporting to have been taken, and all transactions purporting to have been made, by or with the body known as the faridabad development board including any action or transaction by which any property, asset or right was purported to have been acquired or any liability or obligation, whether by contract or otherwise, was purported to have been incurred shall be deemed to have been validly and lawfully taken or made by or with the corporation as if this act were in force and the corporation were in existence on the day on which such action was taken or transaction was made and b in particular, and without prejudice to the generality of the foregoing provision, i all property and assets vesting in the body known as the faridabad development board shall vest in the corporation ii all rights, liabilities and obligations of the body known as the faridabad development board, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations, respectively, of the corporation and iii all leases granted by, all contracts made with, and all instruments executed on behalf of, the body known as the faridabad development board shall be deemed to have been granted by, made with, or executed on behalf of, the corporation and shall have effect accordingly.

section 28. of the faridabad development corporation act : the corporation shall furnish to the central government such returns, statistics, accounts and other information with respect to its property or activities as the central government may from time to time require.

section 29. of the faridabad development corporation act : when any money is due to the corporation from any person, then, without prejudice to any other mode of recovery, the corporation may, after giving that person an opportunity of being heard, issue a certificate to the collector of the amount due and the collector shall proceed to recover that amount in the same manner as an arrear of land revenue.

section 35. of the faridabad development corporation act : if any doubt or difficulty arises in giving effect to the provisions of this act, the central government may, by order, make such provision or give such direction, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty, and the order of the central government, in such cases, shall be final.

section 33. of the faridabad development corporation act : no suit or other legal proceedings shall lie against any member or officer of the corporation in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 36. of the faridabad development corporation act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and other conditions of service of members b the terms and conditions of service of the administrator and other officers of the corporation c meetings of the corporation and the procedure for conducting business thereat d the intervals at which, and the terms on which, the capital provided or loan advanced by the central government to the corporation may be repaid, and the rate at which interest may be paid on the capital provided or loan advanced by the central government e the form and manner in which the budget and the annual report may be prepared f the manner in which the accounts of the corporation may be maintained and audited g the form and manner in which returns, statistics, accounts and other information may be furnished to the central government h any other matter which has to be, or may be, prescribed under this act. 13 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for subsection 3 w.e.f. .

section 8. of the oudh taluqdars relief act : every debt or liability other than debts due, or liabilities incurred, to government to which the taluqdr is subject, or with which his immoveable property or any part thereof is charged, and which is not duty notified to the manager within the time and in hereinbefore mentioned, shall be barred: provision for admission of claim within further period of nine months.provided that, when proof is made to the manager that the claimant was unable to comply with the provisions of sections six and seven, the manager may admit such claim within the further period of nine months from the expiration of the said period of three months.

section 1. of the oudh taluqdars relief act : this act may be called the oudh taluqdrs relief act.

section 3. of the oudh taluqdars relief act : whenever, within twelve months after the passing of this act, any taluqdr, or when such taluqdr is an infant, or of unsound mind, or an idiot his guardian, committee, or other legal curator, or the person who would be heir to such taluqdr if he died intestate, or when such person is an infant, or of unsound mind, or an idiot his guardian, committee, or other legal curator, applies in writing to the chief commissioner, stating that the taluqdr is subject to, or that his immoveable property is charged with, debts of liabilities other than debts due, or liabilities incurred to government, and requesting that the provisions of this act be applied to his case, the chief commissioner may, with the previous consent of the governor general of india in council by order published in the local official gazette, appoint an officer hereinafter called the manager, and vest in him the management of the immoveable property of or to which the taluqdr is then possessed or entitled in his own right, or which he is entitled to redeem or which may be acquired by or devolve on the taluqdr or his heir during the continuance of such management.

section 7. of the oudh taluqdars relief act : every such claimant shall, along with his claim, present full particulars thereof. documents to be given up.every document on which the claimant founds his claim, or on which he relies in support thereof, shall be delivered to the manager along with the claim. entries in books.if the document be an entry in any book, the claimant shall produce the book to the manager, together with a copy of the entry on which he relies. the manager shall mark the book for the purpose of identification, and, after examining and comparing the copy with the original, shall return the book to the claimant. exclusion of documents not produced. if any document in the possession or under the control of the claimant is not delivered or produced by him to the manager along with the claim, the manager may refuse to receive such document in evidence on the claimants behalf at the investigation of the case.

section 2. of the oudh taluqdars relief act : in this act chief commissioner means the chief commissioner of oudh: aluqdr means a person whose name is entered in the first of the lists mentioned in the oudh estates act, , section eight: heir means the person for the time being entitled under the same act as heir to a taluqdar.

section 5. of the oudh taluqdars relief act : the manager shall, during his management of the said property, receive and recover all rents and profits due in respect thereof and shall, upon receiving such rents and profits, give receipts for the same. from the sums so received, he shall pay and pay therefrom the government demand. first, the government revenue, and all debts or liabilities for the time being due or incurred to government in respect of the said property: an annual sum for maintenance of the taluqdar and his heir. secondly, such annual sum as appears to the chief commissioner requisite for the maintenance of the taluqdar, his heir and their families: costs of repairs and improvements. thirdly, the costs of such repairs and improvements of the property as appear necessary to the manager and are approved by the chief commissioner: costs of management, and the debts and liabilities, and the residue shall be applied in discharge of the costs of the management, and in settlement of such debts and liabilities of the taluqdar and his heir and their immoveable property, as may be established under the provisions hereinafter contained.

section 6. of the oudh taluqdars relief act : on the publication of the order vesting in him the management of the said property, the manager shall publish in the local official gazette a notice in english and urd, calling upon all persons having claims against the taluqdr or his immoveable property to notify the same in writing to such manager within three months from the date of the publication. copies of notice to be exhibited.he shall also cause copies of such notice to be exhibited at the tahsildrs kachahrs in the district or districts in which the said property lies and at such other places as the manager thinks fit.

section 4. of the oudh taluqdars relief act : on such publication, the following consequences shall ensue: bar of suits against taluqdar. first, all proceedings in respect to such debts of liabilities which may then be pending in any civil court in british india, shall be barred and all processes, executions and attachments for or in respect of such debts and liabilities shall become null and void taluqdar freed from arrest. secondly, so long as such management continues, the taluqdar and his heir shall not be liable to arrest for or in respect of the debts and liabilities to which the taluqdar was immediately before the said publication subject, or with which his immoveable property or any part thereof was then charged, other than debts due, or liabilities incurred, to government and his moveable property from attachment for prior debts. nor shall their moveable property be liable to attachment or sale, under process of any civil court in british india, for or in respect of such debts and liabilities other than as aforesaid and cessation, of his power to alienate. thirdly, so long as such management continues, a the taluqdar and his heir shall be incompetent to mortgage, charge, lease or alienate their immoveable property or any part thereof, or to grant valid receipts for the rents and profits arising or accruing therefrom, immoveable property freed from attachment. and b such, property shall be exempt from attachment or sale under such process as aforesaid except for or in respect of debts due, or liabilities incurred, to government.

section 13. of the oudh taluqdars relief act : the manager may, from time to time, call for further and more detailed particulars of any claim preferred before, him under this act, and may at his discretion refuse to proceed with the investigation of the claim until such particulars are supplied.

section 9. of the oudh taluqdars relief act : the manager shall, in accordance with the rules to be made under this act, determine the amount of the debts and liabilities due to the several creditors of the taluqdr and persons holding mortgages, charges or liens on the said property or any part thereof.

section 16. of the oudh taluqdars relief act : every investigation conducted by the manager with reference to any claim preferred before him under this act, or to any matter connected with any such claim, shall be taken to be a judicial proceeding within the meaning of the indian penal code. statements of persons examined, to be evidence.and every statement made by any person examined by or before the manager with reference to such investigation, whether upon oath or otherwise, shall be taken to be evidence within the meaning of the same code.

section 10. of the oudh taluqdars relief act : an appeal against any refusal, admission or determination under sections seven, eight or nine shall lie, if preferred within six weeks from the date of such determination, to the commissioner of division to whom the manager is subordinate, and the decision of such commissioner, or of the manager if no such appeal has been so preferred, shall be final.

section 11. of the oudh taluqdars relief act : when the total amount of such debts and liabilities has been finally determined, the manager shall prepare and submit to the chief commissioner a schedule of such debts and liabilities, and a scheme for the settlement thereof and such scheme, when approved by the chief commissioner, shall be carried into effect. power to return scheme for revision.until such approval is given, the chief commissioner may, as often as he thinks fit, send back such scheme to the manager for revision, and direct him to make such further enquiry as may be requisite for the proper preparation of the scheme.

section 12. of the oudh taluqdars relief act : when all such debts and liabilities have been discharged,. or if, within six months after the publication of the order mentioned in section three, the chief commissioner thinks that the provisions of this act should not continue to apply to the case of the taluqdr or his heir,. the taluqdr or his heir shall be restored to the possession and enjoyment of his immoveable property, or of such part thereof as has not been sold by the manager under the power contained in section nineteen, but subject to the leases and mortgages if any granted and made by the manager under the powers hereinafter contained. revival of barred proceedings and debts.where the taluqdr or his heir is so restored under the circumstances mentioned in the second clause of this section, the proceedings, processes, executions and attachments mentioned in section three so far as they relate to debts and liabilities not settled by the manager, and the debts and liabilities barred by section eight, shall be revived, and any mortgagee dispossessed under section seventeen shall be reinstated unless his claim under the mortgage has been satisfied and in calculating the periods of limitation applicable to such revived proceedings and to suits to recover and enforce such revived debts and liabilities, the time intervening between such restoration and the publication of the order mentioned in section three shall be excluded.

section 17. of the oudh taluqdars relief act : the manager shall have, for the purpose of realizing and recovering the rents and profits of the said immoveable property, the same powers as the taluqdr would have had for such purpose if this act had not been passed. power to remove mortgagee in possession.and if such property, or any part thereof, be in the possession of any mortgagee, the manager may apply to the court of the deputy commissioner within whose jurisdiction the property is situate, and such court shall cause the same to be delivered to the manager as if a decree therefor had been made in his favour but without prejudice to the mortgagee preferring his claim under the provisions hereinbefore contained.

section 14. of the oudh taluqdars relief act : for the purposes of this act, the manager may summon and enforce the attendance of witnesses and compel them to give evidence, and compel the production of documents by the same means, and, as far as possible, in the same manner, as is provided in the case of a civil court by the code of civil procedure

section 15. of the oudh taluqdars relief act : the manager may administer an oath in such form as he thinks fit to any person examined before him touching the matters to be enquired into under this act.

section 18. of the oudh taluqdars relief act : subject to the rules made under section twenty, the manager shall have power to demise all or any part of the said property, for any term of years not exceeding twenty years absolute, to take effect in possession, in consdieration of any fine or fines, or without fine, and reserving such rents and under such conditions as may be agreed upon.

section 20. of the oudh taluqdars relief act : the chief commissioner may, from time to time, make rules consistent with this act in all matters connected with its enforcement. such rules, when approved by the governor general of india in council, and published in the local official gazette, shall have the force of law.

section 25. of the oudh taluqdars relief act : nothing in this act precludes the courts of the province of oudh, having jurisdiction in suits relating to the succession to or rights of persons claiming maintenance from any immoveable property brought under the operation of this act, from entertaining and disposing of such suits but to all such suits the manager of such property shall be made a party.

section 19. of the oudh taluqdars relief act : the manager, with the previous assent of the chief commissioner, shall have power to raise any money which may be required for the settlement of the debts and liabilities other than as aforesaid to which the taluqdr is subject, or with which his immoveable property or any part thereof is charged, by demising by way of mortgage the whole or any part of such property for a term not exceeding twenty years from the said publication, or by selling, with the previous consent of the taluqdar and of the person being of full age who would be his heir if he died intestate, by public auction or by private contract, and upon such terms as the manager thinks fit, such portion of the same property as may appear expedient. and no mortgagee advancing money upon any mortgage made under this section, shall be bound to see that such money is wanted or that no more than is wanted is raised. managers receipts.and the receipt of the manager for any monies paid to him upon any mortgage or sale made under this section, or for any rents or profits received by him under section five, shall discharge the person paying the same therefrom and from being concerned to see to the application thereof. the power to mortgage conferred by this section shall not be exercisable until six months have elapsed from the publication of the order mentioned in section three.

section 21. of the oudh taluqdars relief act : whenever the chief commissioner thinks fit, he may appoint any officer to be a manager in the stead of any manager appointed under this act and thereupon the management then vested under this act in the former manager shall become vested in the new manager. every such new manager shall have the same powers as if he had been originally appointed.

section 23. of the oudh taluqdars relief act : no suit or other, proceeding shall be maintained against any person in respect of anything done by him bon fide pursuant to this act.

section 22. of the oudh taluqdars relief act : every manager appointed under this act shall be deemed a public servant within the meaning of the indian penal code 45 of .

section 24., under act exempt from court fees. of the oudh taluqdars relief act : no petition, application, memorandum of appeal or other proceeding under this act, shall be chargeable under the court fees act, .

section 1. of the immoral traffic prevention act : 1 this act may be called 1the immoral traffic prevention act, . 2 it extends to the whole of india. 3 this section shall come into force at once and the remaining provisions of this act shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 44 of ,for the suppression of immoral traffic in women and girls w.e.f. . 2. 1st may, , vide notification no. g.s.r. 269, dated 16th april, , see gazette of india, part ii, sec. 3i.

section 7. of the immoral traffic prevention act : 11 any 2person, who carries on prostitution and the person with whom such prostitution is carried on, in any premises, a which are within the area or areas, notified under subsection 3, or b which are within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the commissioner of police or magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months. 31a where an offence committed under subsection 1 is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. 2 any person who a being the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort to or remain in such place or b being the tenant, lessee, occupier or person in charge of any premises referred to in subsection 1 knowingly permits the same or any part thereof to be used for prostitution or c being the owner, lessor or landlord, of any premises referred to in subsection 1, or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use, shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine 4which may extend to two hundred rupees, and if the public place or premises happen to be a hotel, the licence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year: provided that if an offence committed under this subsection is in respect of a child or minor in a hotel, such licence shall also be liable to be cancelled. explanation.for the purposes of this subsection, hotel shall have the meaning an in clause 6 of section 2 of the hotelreceipts tax act, 54 of . 53 the state government may, having regard to the kinds of persons frequenting any area or areas in the state, the nature and the density of population therein and other relevant considerations, by notification in the official gazette, direct that prostitution shall not be carried on in such area or areas as may be specified in the notification. 4 where a notification is issued under subsection 3 in respect of any area or areas, the state government shall define the limits of such area or areas in the notification with reasonable certainty. 5 no such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety days after the date on which it is issued. 1. subs. by act 46 of , s. 5, for subsection 1 w.e.f. . 2. subs. by act 44 of , s. 4, for woman or girl w.e.f. . 3. ins. by act 44 of , s. 10 w.e.f. . 4. subs. by s. 10, ibid., for which may extend to two hundred rupees w.e.f. . 5. ins. by act 46 of , s. 5 w.e.f. .

section 2. of the immoral traffic prevention act : in this act, unless the context otherwise requires, a brothel includes any house, room 1, conveyance or place or any portion of any house, room 1 , conveyance or place, which is used for purposes 2 of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes 3aa child means a person who has not completed the age of sixteen years 14 bcorrective institution means an institution, by whatever name called being an institution established or licensed as such under section 21, in which 5persons, who are in need of correction, may be detained under this act, and includes a shelter where 6undertrials may be kept in pursuance of this act 7 8c magistrate means a magistrate specified in the second column of the schedule as being competent to exercise the powers conferred by the section in which the expression occours and which is specified in the first column of the schedule 3ca major means a person who has completed the age of eighteen years cb minor means a person who has completed the age of sixteen years but has not completed the age of eighteen years d prescribed means prescribed by rules made under this act 9 1011f prostitution means the sexual exploitation or abuse of persons for commercial purpose,and the expression prostitute shall be construed accordingly g protective home means an institution, by whatever name called being an institution established or licensed as such under section 21, in which 12persons, who are in need of care andprotection, may be kept under this act 13and where appropriate technically qualified persons,equipment and other facilities have been provided, but does not include i a shelter where 14undertrials may be kept in pursuance of this act, or ii a corrective institution h public place means any place intended for use by, or accessible to, the public and includes any public conveyance i special police officer means a police officer appointed by or on behalf of the state government to be in charge of police duties within a specified area for the purpose of this act 15j trafficking police officer means a police officer appointed by the central government under subsection 4, of section 13. 1. ins. by act 46 of , s. 2 w.e.f. . 2. subs. by act 44 of , s. 5, for prostitution w.e.f. . 3. ins. by s. 5, ibid. w.e.f. . 4. clause aa relettered as clause b by s. 5, ibid. w.e.f. . 5. subs. by s. 4, ibid., for women and girls w.e.f. . 6. subs. by s. 5, ibid., for female undertrials w.e.f. . 7. omitted by s. 5, ibid. w.e.f. . 8. subs. by act 46 of , s. 2, for clause c w.e.f. . 9. omitted s. 2, ibid. w.e.f. . 10. subs. by act 46 of , s. 2, for clauses f and g w.e.f. . 11. subs. by act 44 of , s. 5, for clause f w.e.f. . 12. subs. by s. 2, ibid., for women and girls w.e.f. . 13. ins. by s. 5, ibid. w.e.f. . 14. subs. by s. 5, ibid., for female undertrials w.e.f. . 15. subs. by s. 5, ibid., for clause j w.e.f. .

section 2a. of the immoral traffic prevention act : 12a. rule of construction regarding enactments not extending to jammu and kashmir. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. ins. by act 46 of , s. 3 w.e.f. .

section 3. of the immoral traffic prevention act : 1 any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees. 2 any person who a being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or b being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine. 12a for the purposes of subsection 2, it shall be presumed, until the contrary is proved, that any person referred to in clause a or clause b of that subsection, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are beig used as a brothel, if, a a report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this act or b a copy of the list of all things found during the search referred to in clause a is given to such person. 3 notwithstanding anything contained in any other law for the time being in force, on conviction of any person referred to in clause a or clause b of subsection 2 of any offence under that subsection in respect of any premises or any part thereof, any lease or agreement under which such premises have been leased out or are held or occupied at the time of the commission of the offence, shall become void and inoperative with effect from the date of the said conviction. 1. ins. by act 44 of , s. 6 w.e.f. .

section 4. of the immoral traffic prevention act : 1 any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of 1any other person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both 2and where such earnings relate to the prostitution of a child or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more than ten years. 32 where any person over the age of eighteen years is proved a to be living with, or to be habitually in the company of, a prostitute or b to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution or c to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of subsection 1. 1.subs. by act 44 of , s. 7, for a woman or girl w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by act 46 of , s. 4, for section 4 w.e.f.

section 6. of the immoral traffic prevention act : 6. detaining a 1person in premises where prostitution is carried on.1 any person who detains 2any other person, whether with or without his consent, a in any brothel, or b in or upon any premises with intent 3that such person may have sexual intercourse with a person who is not the spouse of such person, shall be punishable 3on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. 52 where any person is found with a child in a brothel, it shall be presumed, unless the contrary is proved, that he has committed an offence under subsection 1. 2a where a child or minor found in a brothel, is, on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes. 3 a person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there, a withholds from her any jewellery, wearing apparel, money or other property belonging to her, or b threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person. 4 notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl. 1. subs. by act 44 of , s. 4, for bqtswoman or girlbqts w.e.f. . 2. subs. by s. 9, ibid., for bqtsany woman or girl, whether with or without his consentbqts w.e.f. . 3. subs. by s. 9, ibid. for that she may have sexual intercourse with any man other than her lawful husband w.e.f. . 4. subs. by s. 9, ibid., for certain words w.e.f. . 5. subs. by s. 9, ibid., for subsection 2 w.e.f. .

section 5. of the immoral traffic prevention act : procuring, inducing or taking 1person for the sake of prostitution.1 any person who a procures or attempts to procure a 1person, whether with or without his consent, for the purpose of prostitution or b induces a 1person to go from any place, with the intent that he may for the purpose of prostitution become the inmate of, or frequent, a brothel or c takes or attempts to take a 1person, or causes a 1person to be taken, from one place to another with a view to his carrying on, or being brought up to carry on prostitution or d causes or induces a 1person to carry on prostitution 2shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees and if any offence under this subsection is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years: provided that if the person in respect of whom an offence committed under this subsection, i is a child, the punishment provided under this subsection shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life and ii is a minor, the punishment provided under this subsection shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years 3 3 an offence under this section shall be triable a in the place from which a 4person is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such 4person is made or b in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made. 1. subs. by act 44 of , s. 4, for women or girlsbqts w.e.f. . 2. subs. by s. 8, ibid., for certain words w.e.f. . 3. omitted by s. 8, ibid. w.e.f. . 4. subs. by act 44 of , s. 4, for woman or girl w.e.f. .

section 9. of the immoral traffic prevention act : 1 any person who 2having the custody, charge or care of, or a position of authority over, any 3person, causes or aids or abets the seduction for prostitution of that 3person, 4shall be punishable on conviction with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. 5 1. brackets and figure 1 omitted by s. 12, ibid. w.e.f. . 2. subs. by act 46 of , s. 6, for certain words w.e.f. . 3. subs. by act 44 of , s. 4 for woman or girl w.e.f. . 4. subs. by act 44 of , s. 12, for certain words w.e.f. 5. omitted by s. 12, ibid. w.e.f. .

section 8. of the immoral traffic prevention act : whoever, in any public place or within sight of, and in such manner as to be seen or heard from any public place, whether from within any building or house or not a by words, gestures, wilful exposure of her person whether by sitting by a window or on the balcony of a building or house or in any other way, or otherwise tempts or endeavours to tempt, or attracts or endeavours to attract the attention of, any person for the purpose of prostitution or b solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution, shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees: 1provided that where an offence under this section is committed by a man, he shall be punishable with imprisonment for a period of not less than seven days but which may extend to three months. 1. proviso added by act 44 of , s. 11 w.e.f. .

section 11. of the immoral traffic prevention act : 1 when any person having been convicted a by a court in india of an offence punishable under this act or punishable under section 363, section 365, section 366, section 366a, section 366b, section 367, section 368, section 370, section 371, section 372 or section 373 of the indian penal code 45 of , with imprisonment for a term of two years or upwards or b by a court or tribunal in any other country of an offence which would, if committed in india, have been punishable under this act or under any of the aforesaid sections with imprisonment for a like term, is within a period of five years after release from prison, again convicted of any offence punishable under this act or under any of those sections with imprisonment for a term of two years or upwards by a court, such court may, if it thinks fit, at the time of passing the sentence of imprisonment on such person, also order that his residence, and any change of, or absence from such residence after release be notified according to rules made under section 23 for a period not exceeding five years from the date of expiration of that sentence. 2 if such conviction is set aside on appeal or otherwise, such order shall become void. 3 an order under this section may also be made by an appellate court or by the high court when exercising its powers of revision. 4 any person charged with a breach of any rule referred to in subsection 1 may be tried by a magistrate of competent jurisdiction in the district in which the place last notified, as his residence is situated.

section 10a. of the immoral traffic prevention act : 1 where a a female offender is found guilty of an offence under section 7 or section 8, 1 and b the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for such term and such instruction and discipline as are conducive to her correction, it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit: provided that before passing such an order i the court shall give an opportunity to the offender to be heard and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the probation officer appointed under the probation of offenders act, 20 of and ii the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid. 2 subject to the provisions of subsection 3, the provisions of the code of criminal procedure, 2 of , relating to appeal, reference and revision and of the limitation act, 36 of , as to the period within which an appeal shall be filed, shall apply in relation to an order of detention under subsection 1 as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered. 3 subject to such rules as may be made in this behalf, the state government or authority, authorised in this behalf may, at any time after the expiration of six months from the date of an order for detention in a corrective institution, if it is satisfied that there is a reasonable probability that the offender will lead a useful and industrious life, discharge her from such an institution, without condition or with such conditions as may be considered fit, and grant her a written licence in such form as may be prescribed. 4 the conditions on which an offender is discharged under subsection 3, may include requirements relating to residence of the offender and supervision over the offenders activities and movements. 1. the words, brackets and figures and is not released under subsection 1 or subsection 2 of section 10 omitted byact 44 of , s. 14, w.e.f. .

section 13. of the immoral traffic prevention act : 1 there shall be for each area to be specified by the state government in this behalf a special police officer appointed by or on behalf of that government, for dealing with offences under this act in that area. 12 the special police officer shall not be below the rank of an inspector of police. 2a the district magistrate may, if he considers it necessary or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this act on a special police officer, with respect to particular cases or classes of cases or to cases generally: provided that no such power shall be conferred on, a a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector b a retired military officer unless such officer, at the time of his retirement, was holding a post not below the rank of a commissioned officer. 3 for the efficient discharge of his functions in relation to offences under this act, a the special police officer of an area shall be assisted by such number of subordinate police officers including women police officers wherever practicable as the state government may think fit and b the state government may associate with the special police officer a nonofficial advisory body consisting of not more than five leading social welfare workers of that area including women social welfare workers wherever practicable to advise him on questions of general importance regarding the working of this act. 24 the central government may, for the purpose of investigating any offence under this act or under any other law for the time being in force dealing with sexual exploitation of persons and committed in more than one state, a point such number of police officers as trafficking police officers and they shall exercise all the powers and discharge all the functions as are exercisable by special police officers under this act with the modification that they shall exercise such powers and discharge such functions in relation to the whole of india. 1. subs. by act 46 of , s. 9, for subsection 2 w.e.f. . 2. ins. by act 44 of , s. 15 w.e.f. .

section 10. of the immoral traffic prevention act : 110. release on probation of good conduct or after due admonition. omitted by the suppression of immoral traffic in women and girls amendment act, 44 of , s. 13 w.e.f. . 1. subs. by act 46 of , s. 7, for section 10 w.e.f. .

section 12. of the immoral traffic prevention act : security for good behaviour from habitual offenders. omitted by the suppression of immoral traffic in women and girls amendment act, 44 of s. 13 w.e.f. .

section 14. of the immoral traffic prevention act : notwithstanding anything contained in 1the code of criminal procedure, 2 of , any offence punishable under this act shall be deemed to be a cognizable offence within the meaning of that code: provided that, notwithstanding anything contained in that code, i arrest without warrant may be made only by the special police officer or under his direction or guidance, or subject to his prior approval ii when the special police officer requires any officer subordinate to him to arrest without warrant otherwise than in his presence any person for an offence under this act, he shall give that subordinate officer an order in writing, specifying the person to be arrested and the offence for which the arrest is being made and the latter officer, before arresting the person, shall inform him of the substance of the order and, on being required by such person, show him the order iii any police officer not below the rank of 2subinspector specially authorised by the special police officer may, if he has reason to believe that on account of delay involved in obtaining the order of the special police officer, any valuable evidence relating to any offence under this act is likely to be destroyed or concealed, or the person who has committed or is suspected to have committed the offence is likely to escape, or if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned without such order, but in such a case he shall report, as soon as may be, to the special police officer the arrest and the circumstances in which the arrest was made. 1. subs. by act 46 of , s. 10, for certain words w.e.f. . 2. subs. by s. 10, ibid., for inspector w.e.f. .

section 15. of the immoral traffic prevention act : 1 notwithstanding anything contained in any other law for the time being in force, whenever the special police officer 1or the trafficking police officer, as the case may be, has reasonable grounds for believing that an offence punishable under this act has been or is being committed in respect of a 2person living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant. 2 before making a search under subsection 1, the special police officer 1or the trafficking police officer, as the case may be, shall call upon two or more respectable inhabitants at least one of whom shall be a woman of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them so to do: 3provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search. 3 any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the indian penal code 45 of . 44 the special police officer or the trafficking police officer, as the case may be, entering any premises under subsection 1 shall be entitled to remove therefrom all the persons found therein. 5 the special police officer 5or the trafficking police officer, as the case may be, after removing 6the 7person under subsection 4 shall forthwith produce him before the appropriate magistrate. 55a any person who is produced before a magistrate under subsection 5, shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. explanation.in this subsection, registered medical practitioner has the same meaning as in the indian medical council act, of . 6 the special police officer 5or the trafficking police officer, as the case may be, and other persons taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with, or for the purpose of, the search. 56a the special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under subsection 4 is required to be interrogated, it shall be done by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation. explanation.for the purpose of this subsection and section 17a,recognised welfare institution or organisation means such institution or organisation as may be recognised in this behalf by the state government. 87 the provisions of the code of criminal procedure, 2 of , shall, so far as may be, apply to any search under this section as they apply to any search made under the authority of a warrant issued under section 94 of the said code. 1. ins. by act 44 of , s. 16 w.e.f. . 2. subs. by s. 4, ibid., for women or girl w.e.f. . 3. ins. by act 46 of , s. 11 w.e.f. . 4. subs. by act 44 of , s. 16, for subsection 4 w.e.f. . 5. ins. by act 44 of , s. 16 w.e.f. . 6. subs. by act 46 of , s. 11, for the girl w.e.f. . 7. subs. by act 44 of , s. 4, for woman or girl w.e.f. . 8. ins. by act 46 of , s. 11 w.e.f. .

section 16. of the immoral traffic prevention act : 116. rescue of 2person.1 where a magistrate has reason to believe from information received from the police or from any other person authorised by the state government in this behalf or otherwise, that 3any person is living, or is carrying on, or is being made to carry on, prostitution in a brothel, he may direct a police officer not below the rank of a subinspector, to enter such brothel, and to remove therefrom such 2person and produce him before him. 2 the police officer, after removing the 2person, shall forthwith produce him before the magistrate issuing the order. 1. subs. by act 46 of , s. 12, for sections 16 and 17 w.e.f. . 2. subs. by act 44 of , s. 4, for woman or girl w.e.f. . 3. subs. by act 44 of , s. 17, for clause a and b w.e.f. .

section 17. of the immoral traffic prevention act : 17. intermediate custody of1persons removed under section 15 or rescued under section 16. 1 when the special police officer removing a 2person under subsection 4 of section 15 or a police officer rescuing a 2person under subsection 1 of section 16, is for any reason unable to produce him before the appropriate magistrate as required by subsection 5 of section 15, or before the magistrate issuing the order under subsection 2 of section 16, he shall forthwith produce him before the nearest magistrate of any class, who shall pass such orders as he deems proper for his safe custody until he is produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order: provided that no 2person shall be i detained in custody under this subsection for a period exceeding ten days from the date of the order under this subsection or ii restored to or placed in the custody of a person who may exercise a harmful influence over him. 2 when the 2person is produced before the appropriate magistrate under subsection 5 of section 15 or the magistrate under subsection 2 of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under subsection 1 of section 16, the age, character and antecedents of the 2person and the suitability of his parents, guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the probation of offenders act, 20 of , to inquire into the above circumstances and into the personality of the 2person and the prospects of his rehabilitation. 3 the magistrate may, while an inquiry is made into a case under subsection 2, pass such orders as he deems proper for the safe custody of the 2person: 3provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any children act, for the time being in force in any state for the safe custody of children: provided further that, no 2person shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no 2person shall be kept in the custody of a person likely to have a hurmful influence over him. 4 where the magistrate is satisfied, after making an inquiry as required under subsection 2, a that the information received is correct and b that he is in need of care and protection, he may, subject to the provisions of subsection 5, make an order that such 2person be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable: provided that such custody shall not be that of a person or body of persons of a religious persuasion different from that of the 2personic and that those entrusted with the custody of the 2person including the persons in charge of a protective home, may be required to enter into a bond which may, were necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the 2person as well as supervision by a person appointed by the court, which will be in force for a period, not exceeding three years. 5 in discharging his functions under subsection 2, a magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in 1persons. 6 an appeal against an order made under subsection 4 shall lie to the court of session whose decision on such appeal shall be final. 1. subs. s. 4, ibid., for women and girls w.e.f. . 2. subs. by act 44 of , s. 4, for woman or girl w.e.f. . 3. subs. by s. 18, ibid., provide that w.e.f. .

section 18. of the immoral traffic prevention act : 1 a magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of 1two hundred metres of any public place referred to in subsection 1 of section 7, is being run or used as a brothel by any person or is being used by prostitutes for carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person incharge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice why the same should not be attached for improper user thereof and if, after hearing the person concerned, the magistrate is satisfied that the house, room, place or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders a directing eviction of the occupier within seven days of the passing of the order from the house, room, place or portion b directing that before letting it out during the period of one year 2or in a case where a child or minor has been found in such house, room, place or portion during a search under section 15, during the period of three years, immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate: provided that, if the magistrate finds that the owner, lessor or landlord as well as the agent of the owner, lessor or landlord, was innocent of the improper user of the house, room, place or portion, he may cause the same to be restored to the owner, lessor or landlord, or the agent of the owner, lessor or landlord, with a direction that the house, room, place or portion shall not be leased out, or otherwise given possession of, to or for the benefit of the person who was allowing the improper user therein. 2 a court convicting a person of any offence under section 3 or section 7 may pass order under subsection 1 without further notice to such person to show cause as required in that subsection. 3 orders passed by the magistrate or court under subsection 1 or subsection 2 shall not be subject to appeal and shall not be stayed or set aside by the order of any court, civil or criminal and the said orders shall cease to have validity after the 3expiry of one year or three years, as the case may be: provided that where a conviction under section 3 or section 7 is set aside on appeal on the ground that such house, room, place or any portion thereof is not being run or used as a brothel or is not being used by prostitutes for carrying on their trade, any order passed by the trial court under subsection 1 shall also be set aside. 4 notwithstanding anything contained in any other law for the time being in force, when a magistrate passes an order under subsection 1, or a court passes an order under subsection 2, any lease or agreement under which the house, room, place or portion is occupied at the time, shall become void and inoperative. 5 when an owner, lessor or landlord, or the agent of such owner, lessor or landlord fails to comply with a direction given under clause b of subsection 1, he shall be punishable with fine which may extend to five hundred rupees or when he fails to comply with a direction under the proviso to that subsection, he shall be deemed to have committed an offence under clause b of subsection 2 of section 3 or clause c of subsection 2 of section 7, as the case may be, and punished accordingly. 1. subs. by act 46 of , s. 13, for two hundred yards w.e.f. . 2. ins. by act 44 of , s. 20 w.e.f. . 3. subs. by s. 20, ibid., for expiry of one year w.e.f. .

section 17a. of the immoral traffic prevention act : 117a. conditions to be observed before placing persons rescued under section 16 to parents or guardians.notwithstanding anything contained in subsection 2 of section 17, the magistrate making an inquiry under section 17 may, before passing an order for handing over any person rescued under section 16 to the parents, guardian or husband, satisfy himself about the capacity or genuineness of the parents, guardian or husband to keep such person by causing an investigation to be made by a recognised welfare institution or organisation. 1. ins. by s. 19, ibid. w.e.f. .

section 21. of the immoral traffic prevention act : 1 the state government may, in its discretion establish 1as many protective homes and corrective institutions under this act as it thinks fit and such homes and institutions, when established, shall be maintained in such manner as may be prescribed. 2 no person or no authority other than the state government shall, after the commencement of this act, establish or maintain any 2protective home or corrective institution except under and in accordance with the conditions of a licence issued under this section by the state government. 3 the state government may, on application made to it in this behalf by a person or authority issue to such person or authority, a licence in the prescribed form for establishing and maintaining or as the case may be, for maintaining a 3protective home or corrective institution and a licence so issued may contain such conditions as the state government may think fit to impose in accordance with the rules made under this act: provided that any such condition may require that the management of the 3protective home or corrective institution shall, wherever practicable, be entrusted to women: provided further that a person or authority maintaining any protective home at the commencement of this act shall be allowed a period of six months from such commencement to make an application for such licence: 4provided also that a person or authority maintaining any corrective institution at the commencement of the suppression of immoral traffic in women and girls amendment act, 46 of , shall be allowed a period of six months from such commencement to make an application for such licence. 4 before issuing a licence the state government may require such officer or authority as it may appoint for this purpose, to make a full and complete investigation in respect of the application received in this behalf and report to it the result of such investigation and in making any such investigation the officer or authority shall follow such procedure as may be prescribed. 5 a licence, unless sooner revoked, shall remain in force for such period as may be specified in the licence and may, on application made in this behalf at least thirty days before the date of its expiration, be renewed for a like period. 6 no licence issued or renewed under this act shall be transferable. 7 where any person or authority to whom a licence has been granted under this act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this act or of any of the rules made under this act, or where the state government is not satisfied with the condition, management or superintendence of any 3protective home or corrective institution, the state government may, without prejudice to any other penalty which may have been incurred under this act, for reasons to be recorded, revoke the licence by order in writing: provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked. 8 were a licence in respect of a 3protective home or corrective institution has been revoked under the foregoing subsection such 3protective home or corrective institution shall cease to function from the date of such revocation. 9 subject to any rules that may be made in this behalf, the state government may also vary or amend any licence issued or renewed under this act. 49a the state government or an authority authorised by it in this behalf may, subject to any rules that may be made in this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or an inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred, the kind of training to be imparted and other circumstances of the case: provided that, a no 5person who is transferred under this subsection shall be required to stay in the home or institution to which he is transferred for a period longer than he was required to stay in the home or institution from which he was transferred b reasons shall be recorded for every order of transfer under this subsection. 10 whoever establishes or maintains a 3protective home or corrective institution except in accordance with the provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. 1. subs. by 46 of , s. 15, for as many protective homes under this act as it thinks it and such homes w.e.f. . 2. subs. by s. 15, ibid., for protective home w.e.f. . 3. subs. by act 46 of , s. 15, for protective home w.e.f. . 4. ins. by s. 15, ibid. w.e.f. . 5. subs. by act 44 of , s. 4, for woman or girl w.e.f. .

section 22a. of the immoral traffic prevention act : 122a. power to establish special courts.1 if the state government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this act in any district or metropolitan area, it may, by notification in the official gazette and after consultation with the high court, establish one or more courts of judicial magistrates of the first class, or, as the case may be, metropolitan magistrates, in such district or metropolitan area. 2 unless otherwise directed by the high court, a court established under subsection 1 shall exercise jurisdiction only in respect of cases under this act. 3 subject to the provisions of subsection 2, the jurisdiction and powers of the presiding officer of a court established under subsection 1 in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be. 4 subject to the foregoing provisions of this section a court established under subsection 1 in any district or metropolitan area shall be deemed to be a court established under subsection 1 of section 11, or as the case may be, subsection 1 of section 16, of the code of criminal procedure, 2 of , and the provisions of that code shall apply accordingly in relation to such courts. explanation.in this section, high court has the same meaning as in clause e of section 2 of the code of criminal procedure, 2 of . 1. ins. by s. 17, ibid. w.e.f. .

section 20. of the immoral traffic prevention act : 1 a magistrate on receiving information that any 1person residing in or frequenting any place within the local limits of his jurisdiction, is a prostitute, may record the substance of the information received and issue a notice to such 1person requiring him to appear before the magistrate and show cause why he should not be required to remove himself from the place and be prohibited from reentering it. 2 every notice issued under subsection 1 shall be accompanied by a copy of the record aforesaid, and the copy shall be served along with the notice on the 1person against whom the notice is issued. 3 the magistrate shall, after the service of the notice referred to in subsection 2, proceed to inquire into the truth of the information received, and after giving the 1person an opportunity of adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him that such 1person is a prostitute and that it is necessary in the interests of the general public that such 1person should be required to remove himself therefrom and be prohibited form reentering the same, the magistrate shall, by order in writing communicated to the 1person in the manner specified therein, require him after a date to be specified in the order which shall not be less than seven days from the date of the order, to remove himself from the place to such place whether within or without the local limits of his jurisdiction, by such route or routes and within such time as may be specified in the order and also prohibit him from reentering the place without the permission in writing of the magistrate having jurisdiction over such place. 4 whoever, a fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting him from reentering a place without permission is in force, reenters the place without such permission, or b knowing that any 1person has, under this section, been required to removehimself from the place and has not obtained the requisite permission to reenter it, harbours or conceals such 1person in the place, shall be punishable with fine which may extend to two hundred rupees not in the case of a continuing offence with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the offence. 1. subs. by act 44 of , s. 4, for woman or girl w.e.f. .

section 21a. of the immoral traffic prevention act : 121a. production of records.every person or authority who is licensed under subsection 3 of section 21 to establish or maintain, or as the case may be, for maintaining, a protective home or corrective institution shall, whenever required by a court, produce the records and other documents maintained by such home or institution before such court. 1. ins. by act 44 of , s. 21 w.e.f. .

section 19. of the immoral traffic prevention act : 119. application for being kept in a protective home or provided care and protection by court.1 a 2person who is carrying on, or is being made to carry on, prostitution, may make an application, to the magistrate within the local limits of whose jurisdiction he is carrying on, or is being made to carry on prostitution, for an order that he may be a kept in a protective home, or b provided care and protection by the court in the manner specified in subsection 3. 2 the magistrate may, pending inquiry under subsection 3, direct that the 2person be kept in such custody as he may consider proper, having regard to the circumstances of the case. 3 if the magistrate, after hearing the applicant and making such inquiry as he may consider necessary, including an inquiry by a probation officer appointed under the probation of offenders act, 20 of , into the personality, conditions of home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded, make an order that the applicant be kept, i in a protective home, or ii in a corrective institution, or iii under the supervision of a person appointed by the magistrate, for such period as may be specified in the order. 1. subs. by act 46 of , s. 14, for section 19 w.e.f. . 2. subs. by act 44 of , s. 4, for woman or girl w.e.f. .

section 22. of the immoral traffic prevention act : no court, inferior to that of 1a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8. 1. subs. by act 46 of , s. 16, for a magistrate as defined in clause c of section 2 w.e.f. .

section 22b. of the immoral traffic prevention act : 122b.power of court to try cases summarily.notwithstanding anything contained in the code of criminal procedure, 2 of , the state government may, if it considers it necessary so to do, direct that offences under this act shall be tried in a summary way by a magistrate including the presiding officer of a court established under subsection 1 of section 22a and the provisions of section 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial: provided that in the case of any conviction in a summary trial under this section it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said code. 1. ins. by act 44 of , s. 22 w.e.f. .

section 25. of the immoral traffic prevention act : 1 as from the date of the coming into force in any state of the provisions other than section 1 of this act, all state acts relating to suppression of immoral traffic in 1persons or to the prevention of prostitution, in force in that state immediately before such date shall stand repealed. 2 notwithstanding the repeal by this act of any state act referred to in subsection 1, anything done or any action taken including any direction given, any register, rule or order made, any restriction imposed under the provisions of such state act shall in so far as such thing or action is not inconsistent with the provisions of this act be deemed to have been done or taken under the provisions of this act, as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act. explanation.in this section the expression state act includes a provincial act. 1. subs. by s. 4, ibid., for women and girl w.e.f. .

section 22aa. of the immoral traffic prevention act : 122aa. power of central government to establish special courts.1 if the central government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this act and committed in more than one state, it may, by notification in the official gazette and after consultation with the high court concerned, establish one or more courts of judicial magistrates of the first class or metropolitan magistrates for the trial of such offences. 2 the provisions of section 22a, shall, so far as may be, apply to the courts established under subsection 1 as they apply to courts established under that section. 1. ins. by act 44 of , s. 22 w.e.f. .

section 24. of the immoral traffic prevention act : nothing in this act shall be construed to be in derogation of the provisions of the refermatory schools act, 8 of , or any state act enacted in modification of the said act or otherwise, relating to juvenile offenders.

section 23. of the immoral traffic prevention act : 1 the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for a the notification of any place as a public place 1b the placing in custody of persons for whose safe custody orders have been passed under subsection 1 of section 17 and their maintenance 2bb the discharge of an offender under subsection 3 of section 10a from a corrective institution and the form of licence to be granted to such offender 3c the detention and keeping in protective homes or, as the case may be, in corrective institutions of 4persons under this act and their maintenance d the carrying out of the provisions of section 11 regarding notification of residence or change of or absence from residence by released convicts e the delegation of authority to appoint the special police officer under subsection 1 of section 13 f the carrying into effect of the provisions of section 18 5g i the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed in such homes or institutions ii the form in which an application for a licence may be made and the particulars to be contained in such application iii the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a licence iv the form of a licence and the conditions to be specified therein v the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited vi the maintenance of registers and statements by a licensee and the form of such registers and statements vii the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes and corrective institutions viii the visits to and communication with such inmates ix the temporary detention of 4persons sentenced to detention in protective homes or in corrective institutions until arrangements are made for sending them to such homes or institutions x the transfer of an inmate from, a one protective home to another, or to a corrective institution, b one corrective institution to another or to a protective home, under subsection 9a of section 21 xi the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a 6person found to be incorrigible or exercising bad influence upon other inmates of that protective home or the corrective institution and the period of his detention in such prison xii the transfer to a protective home or corrective institution of 7persons sentenced under section 7 or section 8 and the period of their detention in such home or institution xiii the discharge of inmates from a protective home or corrective institution either absolutely or subject to conditions, and their arrest in the event of breach of such conditions xiv the grant of permission to inmates to absent themselves for short periods xv the inspection of protective homes and corrective institutions and other institutions in which 6persons may be kept, detained and maintained h any other matter which has to be, or may be, prescribed. 3 in making any rule under clause d or clause g of subsection 2 the state government may provide that a breach thereof shall be punishable with fine which may extend to two hundred and fifty rupees. 4 all rules made under this act shall, as soon as may be, after they are made, be laid before the state legislature. 1. subs. by act 44 of , s. 23, for clause b w.e.f. . 2. ins. by act 46 of , s. 18 w.e.f. . 3. subs. by s. 18, ibid., for clause c w.e.f. . 4. subs. by act 44 of , s. 4, for women and girl w.e.f. . 5. subs. by 46 of , s. 18, for clause g w.e.f. . 6. subs. by act 44 of , s. 4, for woman or girl w.e.f. . 7. subs. by s. 4, ibid., for women and girl w.e.f. .

section 8. of the tezpur university act : every student of the university other than a student who pursues a course of study by distance education system shall reside in a hall or hostel or under such conditions as may be prescribed by the ordinances.

section 1. of the tezpur university act : 1 this act may be called the tezpur university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th january, , vide notification no. g.s.r 22e, dated 15th january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the tezpur university act : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of management means the board of management of the university d board of studies means the board of studies of the university e chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university f college means a college maintained by the university g department means a department of studies, and includes centre of studies h distance education system means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more such means i employee means any person appointed by the university, and includes teachers and other staff of the university j finance committee means the finance committee of the university k hall means a unit of residence or of corporate life for the students of the university, or of a college or of an institution, maintained by the university l institution means an academic institution, not being a college, maintained by the university m planning and academic committee means the planning and academic committee of the university n planning board means the planning board of the university o principal means the head of a college or an institution maintained by the university, and includes, where there is no principal, the person for the time being duly appointed to act as principal, and, in the absence of the principal or the acting principal, a viceprincipal duly appointed as such p recognised institution means an institution of higher learning recognised by the university q recognised teachers means such persons as may be recognised by the university for the purpose of imparting instructions in a college or an institution maintained by the university r regulations means the regulations made by any authority of the university under this act for the time being in force s school means a school of studies of the university t statutes and ordinances mean, respectively, the statutes and ordinances of the university for the time being in force u teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and are designated as teachers by the ordinances v university means the tezpur university established under this act.

section 7. of the tezpur university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 4. of the tezpur university act : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit to make provisions for integrated courses in humanities, natural and physical sciences, social sciences, agricultural science and forestry and other allied disciplines in the educational programmes of the university to take appropriate measures for promoting innovations in teachinglearning processes, interdisciplinary studies and research to educate and train manpower for the development of the state of assam and to pay special attention to the improvement of the social and economic conditions and welfare of the people of that state, their intellectual, academic and cultural development and the university shall, in organising its activities, have due regard to the objects specified in the first schedule.

section 3. of the tezpur university act : 1 there shall be established a university by the name of tezpur university. 2 the headquarters of the university shall be at tezpur and it may also establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first vicechancellor and the first members of the board of management, the planning and academic committee or the academic council or the planning board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of tezpur university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 10. of the tezpur university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellor 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 6. of the tezpur university act : the jurisdiction of the university shall extend to the whole of the state of assam.

section 13. of the tezpur university act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 5. of the tezpur university act : the university shall have the following powers, namely: i to provide for instruction in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to provide facilities through the distance education system to such persons as it may determine vi to institute principalships, professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other teaching on academic positions vii to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition viii to recognise persons for imparting instructions in any college or institution maintained by the university ix to appoint persons working in any other university or organisation as teacher of the university for a specified period x to create administrative, ministerial and other posts and to make appointments thereto xi to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine xii to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects xiii to institute and award fellowships, scholarships, studentships, medals and prizes xiv to establish and maintain colleges, institutions and halls xv to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the university may deem necessary xvi to organise and conduct refresher courses, workshops seminars and other programmes for teachers, evaluators and other academic staff xvii to make special arrangements in respect of the residence, discipline and teaching of women students as the university may consider desirable xviii to appoint on contract or otherwise visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xix to confer autonomous status on a college or an institution or a department, as the case may be, in accordance with the statutes xx to determine standards of admission to the university, which may include examination, evaluation or any other method of testing xxi to demand and receive payment of fees and other charges xxii to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xxiii to lay down conditions of service of all categories of employees, including their code of conduct xxiv to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxv to make arrangements for promoting the health and general welfare of the employees xxvi to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxvii to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxviii to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 9. of the tezpur university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including colleges and institutions managed by it, and to submit a report thereon and upon receipt of that report, the visitor may, after obtaining the views of the board of management thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 4 the visitor shall, in every matter referred to in subsection 2, give notice of his intention to cause an inspection or inquiry to be made to the university and the university shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate to the board of management the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the board of management shall communicate, through the vicechancellor, to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 9 where the board of management does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the board of management, issue such directions as he may think fit and the board of management shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with the act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statutes.

section 11. of the tezpur university act : 1 the governor of the state of assam shall be the chancellor of the university. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocation of the university held for conferring degrees.

section 15. of the tezpur university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 12. of the tezpur university act : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter: provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to represent against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 16. of the tezpur university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 14. of the tezpur university act : every dean of school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 17. of the tezpur university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 20. of the tezpur university act : 1 there shall be constituted a planning and academic committee of the university which shall advise the board of management on matters relating to the university academic and development activities and oversee, review, monitor the development of the university and keep under review the standard of education and research in the university. 2 the constitution of the planning and academic committee, the term of office of its members and its powers and duties shall be prescribed by the statutes. 3 the visitor may determine a date with effect from which the planning and academic committee shall stand dissolved.

section 18. of the tezpur university act : the following shall be the authorities of the university: 1 the board of management 2 the planning and academic committee 3 the academic council 4 the planning board 5 the boards of studies 6 the finance committee and 7 such other authorities as may be declared by the statutes to be the authorities of the university.

section 19. of the tezpur university act : 1 the board of management shall be the principal executive body of the university. 2 the constitution of the board of management, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 21. of the tezpur university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 22. of the tezpur university act : 1 the planning board, as and when constituted, shall be the principal planning body of the university. 2 the constitution of the planning board, term of office of its members and its powers and functions shall be prescribed by the statutes.

section 28. of the tezpur university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for award of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence discipline and teaching of women students and the prescribing of special courses of studies for them j the appointments and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities and authorities including learned bodies or associations m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of colleges and institutions established by the university p the setting up of a machinery for redressal of grievances of employees and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the board of management in the manner prescribed by the statutes.

section 23. of the tezpur university act : the constitution, powers and functions of the boards of schools shall be prescribed by the statutes.

section 24. of the tezpur university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 25. of the tezpur university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 27. of the tezpur university act : show related subordinates 1 the first statutes are those set out in the second schedule. 2 the board of management may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the board of management shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the board of management. 3 every new statute or addition to the statute or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the board of management for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1, during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsection, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the board of management is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the board of management for its inability to comply with such direction, make or amend the statutes suitably.

section 26. of the tezpur university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers, academic staff and other employees of the university, their emoluments and other conditions of service e the appointment of teachers, academic staff working in any other university or organisation for a specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the board of management by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on a college or an institution or a department k the establishment and abolition of schools, departments, centres, halls, colleges and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the delegation of powers vested in the authorities or officers of the university p the maintenance of the discipline among the employees and students q all other matters which by this act are to be or may be provided for by the statutes.

section 29. of the tezpur university act : show related subordinates the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 30. of the tezpur university act : 1 the annual report of the university shall be prepared under the direction of the board of management, which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects. 2 the annual report so prepared shall be submitted to the visitor on or before such date as may be prescribed by the statutes. 3 a copy of the annual report as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 36. of the tezpur university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 31. of the tezpur university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the board of management and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the visitor. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the board of management and the observations of the board of management, if any, shall be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 33. of the tezpur university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution, of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the board of management and the board of management may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 32 shall, as far as may be, apply to a reference made under this subsection.

section 32. of the tezpur university act : 1 every employee of the university shall be appointed under a written contract, which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the board of management, one member nominated by the employee concerned and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2, shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 2 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 34. of the tezpur university act : every employee or student of the university or of a college or institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the board of management against the decision of any officer or authority of the university or of the principal of any college or institution, as the case may be, and thereupon the board of management may confirm, modify or reverse the decision appealed against.

section 35. of the tezpur university act : 1 the university shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 37. of the tezpur university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 38. of the tezpur university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and person appointed, elected of coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 44. of the tezpur university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudicially affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 39. of the tezpur university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 41. of the tezpur university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 43. of the tezpur university act : notwithstanding anything contained in this act and the statutes, a the first vicechancellor shall be appointed by the visitor and the said officer shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first board of management shall consist of not more than eleven members who shall be nominated by the visitor and they shall hold office for a term of three years d the first academic council and the first planning board shall be constituted on the expiry of a period of ten years from the commencement of this act and during the said period of ten years, the powers and functions of these two authorities shall be exercised and performed by the planning and academic committee constituted under section 20: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the persons so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.

section 40. of the tezpur university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 42. of the tezpur university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 8. of the oudh estates act : within six months after the passing of this act, the chief commissioner of oudh, subject to such instructions as he may receive from the governor general of india in council, shall cause to be prepared six lists, namely : first. a list of all persons who are to be considered taluqdrs within the meaning of this act second. a list of the taluqdrs whose estates, according to the custom of the family on and before the thirteenth day of february , ordinarily devolved upon a single heir third. a list of the taluqdrs, not included in the second of such lists, to whom sanads or grants have been or may be given or made by the british government up to the date fixed for the closing of such lists, declaring that the succession to the estates comprised in such sanads or grants shall thereafter be regulated by the rule of primogeniture fourth. a list of the taluqdrs to whom the provisions of section twentythree are applicable fifth. a list of the grantees to whom sanads or grants have been or may be given or made by the british government, up to the date for the closing of such list, declaring that the succession to the estates comprised in such sanads or grants shall thereafter be regulated by the rule of primogeniture sixth. a list of the grantees to whom the provisions of section twentythree are applicable.

section 1. of the oudh estates act : this act may be cited as the oudh estates act, , and shall extent only to the estates hereinafter referred to.

section 7. of the oudh estates act : if a taluqdr or grantee, or any heir or legatee of a taluqdr or grantee, desire that any elephants, jewels, arms or other articles of moveable property belonging to him shall devolve song with his estate, he shall take an inventory of such articles. such inventory shall be signed by him and deposited in the office of the deputy commissioner of the district wherein such estate or the greater part thereof is situate and thereupon such of the said articles as shall not have been transferred shall so far as may be possible be used and enjoyed by the person who, under or by virtue of this act, is for the time being in actual possession or in receipt of the rents and profits of the said estate or the greater part thereof, otherwise than as mortgagee or lessee.

section 3. of the oudh estates act : every taluqdar with whom a summary settlement of the government revenue was made between the first day of april and the tenth day of october , or to whom, before the passing of this act and subsequently to the first day of april , a taluqdari sanad has been granted, shall be deemed to have thereby acquired a permanent, heritable and transferable right in the estate comprising the villages and lands named in the list attached to the agreement or kabuliyat executed by such taluqdar when such settlement was made, or which may have been or may be decreed to him by the court of an officer engaged in making the first regular settlement of the provinces of oudh, such decree not having been appealed from within the time limited for appealing against it, or, if appealed from, having been affirmed, subject to certain conditions. subject to all the conditions affecting the taluqdar contained in the orders passed by the governor general of india on the tenth and nineteenth days of october and republished in the first schedule hereto annexed, and subject also to all the conditions contained in the sanad under which the estate is held.

section 9. of the oudh estates act : when the lists mentioned in section eight shall have been approved by the chief commissioner of oudh, they shall be published in the gazette of india after such publication, the first and second of the said lists not, except in the manner provided by section thirty or section thirtyone, as the case may be, be liable to any alteration in respect of any names entered therein. supplementary list. if, at any time after the publication of the said lists, it appears to the governor general of india in council that the name of any person has been wrongly omitted from or wrongly entered in any of the said lists, the said governor general in council may order the name to be inserted in the proper list, and such name shall be published in the gazette of india in a supplementary list, and such person shall be treated in all respects as if his name had been from the first inserted in the proper list.

section 2. of the oudh estates act : clause. in this act, unless there be something repugnant in the subject or context. transfer. transfer means an alienation inter vivos will.will means the legal declaration of the intentions of the testator with respect to his property affected by this act, which he desires to be carried into effect after his death codicil. codicil means an instrument made in relation to a will, and explaining, altering, or adding to its dispositions : it is considered as forming an additional part of the will signed. signed applies to the affixing of a mark registered. registered means registered according to the provisions of the rules relating to the registration of assurances for the time being in force in oudh minor. minority. minor means any person who shall not have completed the age of eighteen years, and minority means the status of such person taluqdar. taluqdar means any person whose name is entered in the first of the lists mentioned in section eight grantee. grantee means any person upon whom the proprietary right in an estate has been conferred by a special grant of the british government, and whose name is entered in the fifth or sixth of the lists mentioned in section eight estate . estate means the taluqa or immoveable property acquired or held by a taluqdar or grantee in the manner mentioned in section three, section four, or section five, or the immoveable property conferred by a special grant of the british government upon a grantee heir legatee . heirmeans a person who inherits property otherwise than as a widow, under the special provisions of this act and legatee means a person to whom property is bequeathed under the same provisions words expressing relationship . words expressing relationship denote only legitimate relatives, but apply to children in the womb who are afterwards born alive.

section 10. of the oudh estates act : no persons shall be considered taluqdars or grantees within the meaning of this act, other than the persons named in such original or supplementary lists as aforesaid. the courts shall take judicial notice of the said lists and shall regard them as conclusive evidence that the persons named therein are such taluqdars or grantees.

section 4. of the oudh estates act : every person whose lands the proclamation issued in oudh in the month of march by order of the governor general of india specially exempted from confiscation, and whose names are contained in the second schedule hereto annexed, shall be deemed to possess in the lands for which such person executed a kabuliyat between the first day of april and the first day of april the same right and title which he would have possessed thereto if he had acquired the same in the manner mentioned in section three and he shall be deemed to hold the same subject to all the conditions affecting taluqdrs which are referred to in the said section, and to be a taluqdr for all the purposes of this act.

section 5. of the oudh estates act : every grantee shall possess the same rights and be subject to the same conditions in respect of the estate comprised in his grant as a taluqdr possesses and is subject to, under section three, in respect of his estate.

section 12. of the oudh estates act : no transfer or bequest under this act shall be valid whereby the vesting of the thing transferred or bequeathed may be delayed beyond the lifetime of one or more persons living at the decease of the transferee or testator and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing transferred or bequeathed is to belong.

section 6. of the oudh estates act : nothing in sections three, four and five, or in the said orders, or in any sanad, shall be deemed to bar a suit for redemption, a where the instrument of mortgage was executed on or after the thirteenth day of february and fixed no term within which the property comprised therein might be redeemed, or b where the instrument of mortgage fixed a term within which the property comprised therein might be redeemed, and such term did not expire before the thirteenth day of february .

section 16. of the oudh estates act : no transfer of any estate, or of any portion thereof, or of any interest therein, made by a taluqdr or grantee or by his heir or legatee under the provisions of this act, shall be valid unless made by an instrument in writing signed by the transferor and attested by two or more witnesses.

section 11. of the oudh estates act : subject to the provisions of this act, and to all the conditions under which the estate was conferred by the british government, every taluqdar and grantee, and every heir and legatee of a taluqdar and grantee, of sound mind and not a minor, shall be competent to transfer the whole or any portion of his estate, or of his right and interest therein, during his lifetime, by sale, exchange, mortgage, lease or gift, and to bequeath by his will to any person the whole or any portion of such estate, right and interest. a married woman may make a bequest under this act of any property which she could alienate by her own act during her life. persons who are deaf or dumb or blind are not thereby incapacitated for making a transfer or bequest under this act, if they are able to know what they do by it. one who is ordinarily insane may make a transfer or bequest under this act during an interval in which he is of sound mind. no person can make a transfer or bequest under this act while he is in such a state of mind, whether from drunkenness, or from illness, or from any other cause, that he does not know what he is doing. a transfer and a will, or any part of a will, the making of which has been caused by fraud or coercion or by such importunity as takes away the free agency of the transferor or testator, is void.

section 18. of the oudh estates act : no taluqdr or grantee, and no heir or legatee of a taluqdr or grantee, shall have power to give his estate, or any portion thereof or interest therein, to religious or charitable uses, except by an instrument of gift executed not less than three months before his death, and subject to the provisions contained in section seventeen.

section 13. of the oudh estates act : no taluqdr or grantee, and no heir or legatee of a taluqdr or grantee, shall have power to give or bequeath his estate, or any portion thereof, or any interest therein, to any person not being either 1. a person who, under the provision of this act, or under the ordinary law to which person of the donors or testators tribe and religion are subject, would have succeeded to such estate or to a portion thereof, or to an interest therein, if such taluqdr or grantee, heir or legatee, had died intestate, or 2. a younger son of the taluqdr or grantee, heir or legatee, in case the name of such taluqdr or grantee appears in the third or the fifth of the lists mentioned in section eight, except by an instrument of gift or a will executed and attested, not less than three months before the death of the donor or testator, in manner herein provided in the case of a gift or will, as the case may be, and registered within one month from the date of its execution.

section 19. of the oudh estates act : sections 49, 50, 51, 54, 55, and 57 to 77 both inclusive, and sections 82, 83, 85, and 88 to 98 both inclusive of the indian succession act no. x of , shall apply to all wills and codicils made by any taluqdr or grantee, or by his heir or legatee, under the provisions of this act, for the purpose of bequeathing to any person his estate, or any portion thereof, or any interest therein: provided that marriage shall not revoke any such will or codicil : provided also that nothing herein contained shall affect wills made before the passing of this act. in applying the said sections to wills and codicils made under this act, all words hereinbefore defined, and occurring in such sections, shall unless there be something repugnant in the subject or context be deemed to have the same meaning as this act has attached to such words respectively.

section 15. of the oudh estates act : if any taluqdr or grantee shall heretofore have transferred or bequeathed, or if any taluqdr or grantee or his heir or legatee shall hereafter transfer or bequeath to any person not being a taluqdr or grantee the whole or any portion of his estate, and such person would not have succeeded according to the provisions of this act to the estate or to a portion thereof if the transferor or testator had died without having made the transfer and intestate, the transfer of and succession to the property so transferred or bequeathed shall be regulated by the rules which would have governed the transfer of and succession to such property if the transferee or legatee had bought the same from a person not being a taluqdr or grantee.

section 21. of the oudh estates act : in the next following section, unless where there is something repugnant in the context, the words son, descendants, daughter and brother apply only to najibultarfain, and the word widow applies only to a woman belonging to the ahlibradari of her deceased husband.

section 14. of the oudh estates act : if any taluqdr or grantee shall theretofore have transferred or bequeathed, or if any taluqdr or grantee, or his heir or legatee, shall hereafter transfer or bequeath, the whole or any portion of his estate to another taluqdr or grantee, or to such younger son as is referred to in section thirteen, clause two, or to a person who would have succeeded according to the provisions of this act to the estate or to a portion thereof if the transferor or testator had died without having made the transfer and intestate, the transferee or legatee and his heirs and legatees shall have the same rights and powers in regard to the property to which he or they may have become entitled under or by virtue of such t ransfer or bequest, and shall hold the same subject to the same conditions and to the same rules of succession as the transferor or testator.

section 23. of the oudh estates act : except in the cases provided for by section twentytwo, the succession to all property left by taluqdrs and grantees, and their heirs and legatees, dying intestate, shall be regulated by the ordinary law to which members of the intestates tribe and religion are subject.

section 17. of the oudh estates act : if any such transfer be made by gift, the gift shall not be valid unless, within six months after the execution of the instrument of gift, the gift be followed by delivery by the donor, or his representative in interest, of possession of the property comprised therein, nor unless the instrument shall have been registered within one month from the date of its execution.

section 20. of the oudh estates act : no taluqdr or grantee and no heir or legatee of a taluqdr or grantee, having child, parent, brother, unmarried sister, or a nephew, being the naturally born son of a brother of such taluqdr or grantee, heir or legatee, shall have power to bequeath his estate or any part thereof or any interest therein exceeding in amount or value the sum of two thousand rupees to religious or charitable uses, except by a will executed not less than three months before his death, and registered within one month from the date of its execution.

section 27. of the oudh estates act : in the case of unmarried daughters of the deceased, widows of his sons and brothers, and his widows not of his ahlibradari, the maximum amount of the annuity shall be a sum not more than 360 rupees.

section 22. of the oudh estates act : if any taluqdar or grantee whose name shall be inserted in the second, third, or fifth of the lists mentioned in section eight, or his heir or legatee, shall die intestate as to his estate, such estate shall descend as follows: viz : l.to the eldest son of such taluqdar or grantee, heir or legatee, and his male lineal descendants, subject to the same conditions and in the same manner as the estate was held by the deceased 2.or if such eldest son of such taluqdar or grantee, heir or legatee, shall have died in his lifetime, leaving male lineal descendants, then to the eldest and every other son of such eldest son successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid 3.or if such eldest son of such taluqdar or grantee, heir or legatee, shall have died in his lifetime without leaving male lineal descendants, then to the second and every other on of the aid taluqdr or grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid 4.or in default of such son or descendants, then to such son if any of a daughter of such taluqdar or grantee, heir or legatee, as has been treated by him in all respects as his own son, and to the male lineal descendants of such son, subject as aforesaid 5.or in default of such son or descendants, then to such person as the said taluqdar or grantee, heir or legatee, shall have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid 6.or in default of such adopted son, then to the eldest and every other brother of such taluqdar or grantee, heir or legatee, successively, according to their respective seniorities, and their respective male lineal descendants, subject as aforesaid 7.or in default of any such brother, then to the widow of the deceased taluqdr or grantee, heir or legatee or, if there be more widows than one, to t he widow first married to such taluqdar or grantee, heir or legatee, for her lifetime only 8.and upon the death of such widow, then to such son as the said widow shall, with the consent in writing of her deceased husband, have adopted by a writing executed and attested in manner required in case of a will and registered, subject as aforesaid 9.or on the death of such first married widow and in default of a son adopted by her with such consent and in such manner as aforesaid, then to the other widow, if any, of such taluqdar or grantee, heir or legatee, next in order of marriage, for her life, and on the death of such other widow, to a son adopted by her with such consent and in such manner as aforesaid or in default of such adopted son, then to the other surviving widows according to their respective seniorities as widows, for their respective lives, and on their respective deaths, to the sons so adopted by them respectively, and to the male lineal descendants of such sons respectively, subject as aforesaid 10.or in default of any such widow or of any son so adopted by her or of any such descendant, then to the male lineal descendants, not being najibultarfain, of such taluqdar or grantee, heir or legatee, successively, according to their respective seniorities and their respective male lineal descendant, whether najibultarfain or not 11.or in default of any such descendant, then to such persons as would have been entitled to succeed to the estate under the ordinary law to which persons of the religion and tribe of such taluqdar or grantee, heir or legatee, are subject. nothing contained in the former part of this section shall be construed to limit the power of alienation conferred by section eleven.

section 24. of the oudh estates act : when any taluqdr or grantee, or his heir or legatee, dies leaving him surviving such relatives as are hereinafter mentioned, the person for the time being in the possession of his estate or the rents and profits thereof shall be liable to pay to each of such relatives during his or her life, or for such other period as is hereinafter mentioned, by twelve equal monthly payments, an annuity in accordance with the custom of the country not exceeding such amount as is hereinafter mentioned : provided that such relative was at the date of the death of the deceased living together with him: provided also that such relative is and continues to be without any other adequate means of maintenance. if any part of such estate shall have been transferred or bequeathed by the deceased, that person for the time being in possession of such part, or of the rent and profits thereof, shall be liable to pay proportionate parts of the said annuities the continuance thereof respectively.

section 30. of the oudh estates act : any taluqdr or grantee whose name has been entered in the third or fifth of the lists mentioned in section eight, or his heir or legatee, may, at any time hereafter, present to the chief commissioner of oudh a declaration in writing, executed and registered in the manner required by this act for the execution and registration of an instrument of gift, that he is desirous that the succession to his estate shall, in case of his intestacy, cease to be regulated in the manner described in section twentytwo, and that it shall in future be regulated by the ordinary law to which members of his tribe and religion are subject. on receiving such declaration, the said chief commissioner shall cause to be inserted the name of such taluqdr or grantee, heir or legatee, in the fourth or sixth as the case may be of the lists mentioned in section eight, and shall cause a note thereof to be made in the proper place in the third or fifth as the case may be of the said lists, and the succession to such estate shall thenceforward, in case of intestacy, be regulated in the manner provided by section twentythree.

section 26. of the oudh estates act : in the case of brothers and minor sons of the deceased, the maximum amount of the annuity shall be a sum not more than 1,200 rupees. nephews. in the case of nephews of the deceased, being father less minors, the maximum amount of the annuity shall be a sum not more than 600 rupees.

section 25. junior widows. of the oudh estates act : in the case of the grandparents, parents, and senior widows of the deceased, the maximum amount of the annuity shall be as follows : a. where the annual revenue payable to government in respect of the estate is or exceeds 1,50,000 rupeesa sum not exceeding 6,000 rupees : b. where such revenue is or exceeds 100,000 rupees, but is less than 1,50,000 rupees a sum not exceeding 2,400 rupees : c. where such revenue is or exceeds 50,000 rupees, but is less than 100,000 rupees a sum not exceeding 1,200 rupees : d. where such revenue is or exceeds 25,000 rupees, but is less than 50,000 rupees a sum not exceeding 600 rupees : e. where such revenue is or exceeds 15,000 rupees, but is less than 25,000 rupees a sum not exceeding 360 rupees : f. where such revenue is or exceeds 7,000 rupees, but is less than 15,000 rupees a sum not exceeding 240 rupees and g. where such revenue is less than 7,000 rupees a sum not exceeding 180 rupees. junior widows. in the case of a junior widow of the deceased, the maximum amount of the annuity shall be onehalf of the maximum amount to which a senior widow of the deceased would be entitled under the former part of this section.

section 28. of the oudh estates act : subject to the provisions hereinbefore contained, the aid annuities hall continue, a in the case of a minor son or a minor nephew, till he ceases to be a minor b in the case of a daughter or widow, till she voluntarily leaves the household of the heir or legatee of the deceased, or would, according to the custom of the country, cease to be entitled to maintenance, and c in all other cases, till the annuitant dies.

section 29. of the oudh estates act : every muhammadan taluqdr, grantee, heir or legatee, and every widow of a muhammadan taluqdr or grantee, heir or legatee, with the consent in writing of her deceased husband, shall, for the purposes of this act, have power to adopt a son whenever, if he or she were a hind, he or she might adopt a son. such, power shall be exercisable only by writing executed and attested in manner required by section nineteen in case of a will and registered.

section 33. of the oudh estates act : and whereas bodies of taluqdrs have in several cases made awards respecting the provision to be made for certain relatives of taluqdrs, and it is expedient to render such awards legally enforceable it is hereby further enacted that every such award shall, if approved by the financial commissioner of oudh and filed in his court within six months after the passing of this act, he enforceable as if a court of competent jurisdiction had passed judgment according to the award and a decree had followed upon such judgment.

section 31. of the oudh estates act : any taluqdr or grantee, heir or legatee, may, at any time hereafter, present to the chief commissioner of oudh a declaration in writing, executed and registered in the manner required by this act for the execution and registration of instruments of gift, that he is desirous that his estate should in future be held subject to the ordinary law of succession to which members of his tribe and religion are subject. on receiving such declaration, the chief commissioner shall cause a note thereof to be made in the proper places in each of the lists mentioned in section eight in which the name of such taluqdr or grantee, heir or legatee, has been entered, and thenceforward none of the provisions of this act shall apply to such estate, which shall thenceforward be held subject in all respects to the ordinary law of succession to which members of his tribe and religion are subject.

section 32. of the oudh estates act : nothing hereinbefore contained shall affect any right which the creditors of any person making a transfer or bequest under the provisions of this act, would have possessed as against the property comprised in such transfer or bequest if this act had not been passed.

section 8. of the insecticides act : the central government shall i appoint a person to be the secretary of the board who shall also function as secretary to the registration committee and ii provide the board and the registration committee with such technical and other staff as the central government considers necessary.

section 1. of the insecticides act : show related subordinates 1 this act may be called the insecticides act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states and for different provisions of this act. 1. 1st march, , vide notification no. g.s.r. 300, dated 27th february, , in respect of ss. 4, 7, 8 and 36, see gazette of india, extraordinary, part ii, sec. 3i. 1st august, , vide notification no. g.s.r. , dated the 28th july, , in respect of remaining provisions see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the insecticides act : the board may, subject to the previous approval of the central government, make byelaws for the purpose of regulating its own procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee.

section 3. of the insecticides act : show related subordinates in this act, unless the context otherwise requires, a animals means animals useful to human beings and includes fish and fowl, and such kinds of wild life as the central government may, by notification in the official gazette, specify, being kinds which, in its opinions, it is desirable to protect or preserve b board means the central insecticides board constituted under section 4 c central insecticides laboratory means the central insecticides laboratory established or as the case may be, the institution specified, under section 16 d import means bringing into any place within the territories to which this act extends from a place outside those territories e insecticide means i any substance specified in the schedule or ii such other substances including fungicides and weedicides as the central government may, after consultation with the board, by notification in the official gazette, include in the schedule from time to time or iii any preparation containing any one or more of such substances f insecticide analyst means an insecticide analyst appointed under section 19 g insecticide inspector means an insecticide inspector appointed under section 20 h label means any written, printed or graphic matter on the immediate package and on every other covering in which the package is placed or packed and includes any written, printed or graphic matter accompanying the insecticide i licensing officer means a licensing officer appointed under section 12 j manufacture, in relation to any insecticide, includes i any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any insecticide with a view to its sale, distribution or use but does not include the packing or breaking up of any insecticide in the ordinary course of retail business and ii any process by which a preparation containing an insecticide is formulated k misbrandedan insecticide shall be deemed to be misbranded i if its label contains any statement, design or graphic representation relating thereto which is false or misleading in any material particular, or if its package is otherwise deceptive in respect of its contents or ii if it is an imitation of, or is sold under the name of, another insecticide or iii if its label does not contain a warning or caution which may be necessary and sufficient, if complied with, to prevent risk to human beings or animals or iv if any word, statement or other information required by or under this act to appear on the label is not displayed thereon in such conspicuous manner as the other words, statements, designs or graphic matter have been displayed on the label and in such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use or v if it is not packed or labelled as required by or under this act or vi if it is not registered in the manner required by or under this act or vii if the label contains any reference to registration other than the registration number or viii if the insecticide has a toxicity which is higher than the level prescribed or is mixed or packed with any substance so as to alter its nature or quality or contains any substance which is not included in the registration l package means a box, bottle casket, tin, barrel, case, receptacle, sack, bag, wrapper, or other thing in which an insecticide is placed or packed m premises means any land, shop, stall or place where any insecticide is sold or manufactured or stored or used, and includes any vehicle carrying insecticide n prescribed means prescribed by rules made under this act o registered, with its grammatical variations and cognate expressions, means registered under this act p sale, with its grammatical variations and cognate expressions, means the sale of any insecticide, whether for cash or on credit and whether by wholesale or retail, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any insecticide and includes also an attempt to sell any such insecticide q state government, in relation to a union territory, means the administrator thereof r worker means a person employed under a contract of service or apprenticeship.

section 2. of the insecticides act : the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in force.

section 9. of the insecticides act : 1 any person desiring to import or manufacture any insecticide may apply to the registration committee for the registration of such insecticide and there shall be a separate application for each such insecticide: provided that any person engaged in the business of import or manufacture of any insecticide immediately before the commencement of this section shall make an application to the registration committee within a period of1 seventeen months from the date of such commencement for the registration of any insecticide which he has been importing or manufacturing before that date: 2 provided further that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application at any time thereafter on payment of a penalty of one hundred rupees for every month or part thereof after the expiry of such period for the registration of each such insecticide. 2 every application under subsection 1 shall be made in such form and contain such particulars as may be prescribed. 3 on receipt of any such application for the registration of an insecticide, the committee may, after such enquiry as it deems fit and after satisfying itself that the insecticide to which the application relates conforms to the claims made by the importer or by the manufacturer, as the case may be, as regards the efficacy of the insecticide and its safety to human beings and animals, register 3 on such conditions as may be specified by it and on payment of such fee as may be prescribed, the insecticide, allot a registration number thereto and issue a certificate of registration in token thereof within a period of twelve months from the date of receipt of the application: provided that the committee may, if it is unable within the said period to arrive at a decision on the basis of the materials placed before it, extend the period by a further period not exceeding six months: provided further that if the committee is of opinion that the precautions claimed by the applicant as being sufficient to ensure safety to human beings or animals are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the insecticide involves serious risk to human beings or animals, it may refuse to register the insecticide. 4 3a in the case of applications received by it prior to the 31st day of march, , notwithstanding the expiry of the period specified in subsection 3 for the disposal of such applications, it shall be lawful and shall be deemed always to have been lawful for the registration committee to dispose of such applications at any time after such expiry but within a period of one year from the commencement of the insecticides amendment act, 24 of : provided that nothing contained in this subsection shall be deemed to make any contravention before the commencement of the insecticides amendment act, 24 of , of a condition of a certificate of registration granted before such commencement, an offence punishable under this act. 3b where the registration committee is of opinion that the insecticide is being introduced for the first time in india, it may, pending any enquiry, register it provisionally for a period of two years on such conditions as may be specified by it. 3c the registration committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificateholder by notice in writing to deliver up the certificate to it within such time as may be specified in the notice. 4 notwithstanding anything contained in this section, where an insecticide has been registered on the application of any person, any other person desiring to import or manufacture the insecticide or engaged in the business of, import or manufacture thereof shall on application and on payment of prescribed fee be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecticide was originally registered. 1. subs. by act 46 of , s. 2, for six months w.e.f. . 2. proviso ins. by s. 2, ibid. w.e.f. . 3. subs. by act 24 of , s. 3, for on such conditions w.e.f. . 4. ins. by s. 3, ibid. w.e.f. .

section 10. of the insecticides act : any person aggrieved by a decision of the registration committee under section 9 may, within a period of thirty days from the date on which the decision is communicated to him, appeal in the prescribed manner and on payment of the proscribed fee to the central government whose decision thereon shall be final: provided that the central government may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

section 6. of the insecticides act : the board may appoint such committees as it deems fit and may appoint to them persons who are not members of the board, to exercise such powers and perform such duties as may, subject to such conditions, if any, as the board may impose, be delegated to them by the board.

section 5. of the insecticides act : 1 the central government shall constitute a registration committee consisting of a chairman, and not more than five persons who shall be members of the board including the drugs controller, india and the plant protection adviser to the government of india i to register insecticides after scrutinising their formulae and verifying claims made by the importer or the manufacturer, as the case may be, as regards their efficacy and safety to human beings and animals and ii to perform such other functions as are assigned to it by or under this act. 2 where the chairman is not a member of the board, his term of office and other conditions of service shall be such as may be determined by the central government. 3 subject to the provisions of subsection 2, a member of the registration committee shall hold office for so long as he is a member of the board. 4 the committee may also coopt such number of experts and for such purpose or period as it may deem fit, but any expert so coopted shall have no right to vote. 5 the registration committee shall regulate its own procedure and the conduct of business to be transacted by it.

section 4. of the insecticides act : show related subordinates 1 the central government shall, as soon as may be, constitute a board to be called the, central insecticides board to advise the central government and state governments on technical matters arising out of the administration of this act and to carry out the other functions assigned to the board by or under this act. 2 the matters on which the board may advise under subsection 1 shall include matters relating to a the risk to human beings or animals involved in the use of insecticides and the safety measures necessary to prevent such risk b the manufacture, sale, storage, transport and distribution of insecticides with a view to ensure safety to human beings or animals. 3 the board shall consist of the following members, namely: i the director general of heath services, ex officio, who shall be the chairman ii the drugs controller, india, ex officio iii the plant protection adviser to the government of india, ex officio iv the director of storage and inspection, ministry of food, agriculture, community development and cooperation department of food, ex officio v the chief adviser of factories, ex officio vi the director, national institute of communicable diseases, ex officio vii the director general, indian council of agricultural research, ex officio viii the director general, indian council of medical research, ex officio ix the director, zoological survey of india, ex officio x the director general, indian standards institution, ex officio xi the directorgeneral of shipping or, in his absence, the deputy director general of shipping, ministry of transport and shipping, ex officio xii the joint director, traffic general, ministry of railways railway board, ex officio xiii the secretary, central committee for food standards, ex officio 2 xiiia the animal husbandry commissioner, department of agriculture, ex officio xiiib the joint commissioner fisheries, department of agriculture, ex officio xiiic the deputy inspector general of forests wild life, department of agriculture, ex officio xiiid the industrial adviser chemicals, directorate general of technical development, ex officio xiv one person to represent the ministry of petroleum and chemicals, to be nominated by the central government xv one pharmacologist to be nominated by the central government xvi one medical texicologist to be nominated by the central government xvii one person who shall be in charge of the department dealing with public health in a state, to be nominated by the central government xviii two persons who shall be directors of agriculture in states, to be nominated by the central government xix four persons, one of whom shall be an expert in industrial health and occupational hazards, to be nominated by the central government xx one person to represent the council of scientific and industrial research to be nominated by the central government 1 xxi one ecologist to be nominated by the central government. 4 the persons nominated under clauses xiv to 2 xxi inclusive, of subsection 3 shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for three years from the date of their nomination, but shall be eligible for renomination: provided that the persons nominated under clauses xvii and xviii shall hold office only for so long as they hold the appointments by virtue of which their nominations were made. 35 no act or proceeding of the board, the registration committee or any committee appointed under section 6, shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board, the registration committee or such committee, as the case may be. 1. ins. by act 24 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for xx w.e.f. . 3. subs. by act 24 of , s. 2, for subsection 5 w.e.f. .

section 11. of the insecticides act : the central government may, at any time, call for the record relating to any case in which the registration committee has given a decision under section 9 for the purpose of satisfying itself as to the legality or propriety of any such decision and may pass any such order in relation thereto as it thinks fit: provided that no such order shall be passed after the expiry of one year from the date of the decision: provided further that the central government shall not pass any order prejudicial to any person unless that person has had a reasonable opportunity of showing cause against the proposed order.

section 18., of certain insecticides. of the insecticides act : 1 no person shall, himself or by any person on his behalf, sell, stock or exhibit for sale, distribute, 1 transport, use, or cause to be used by any worker a any insecticide which is not registered under this act b any insecticide, the sale, distribution or use of which is for the time being prohibited under section 27 c any insecticide in contravention of any other provision of this act or of any rule made thereunder. 2 no person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute 2 or use for commercial pest control operations any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this act. explanation.for the purposes of this section an insecticide in respect of which any person has applied for a certificate of registration3 under any of the provisos to subsection 1 of section 9, shall be deemed to be registered till the date on which the refusal to register such insecticide is notified in the official gazette. 1. subs. by act 24 of , s. 5, for transport or cause to be used w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. subs. by act 46 of , s. 5, for under the proviso w.e.f. .

section 13. of the insecticides act : 1 any person desiring to manufacture or to sell, stock or exhibit for sale or distribute any insecticide 1 or to undertake commercial pest control operations with the use of any insecticide, may make an application to the licensing officer for the grant of a licence: provided that any person engaged in the business of manufacturing or selling, stocking or exhibiting for sale or distributing any insecticide immediately before the commencement of this section shall make an application to the licensing officer for the grant of a licence within a period of 2 seventeen months from the date of such commencement: 1 provided further that any person engaged in the commercial pest control operations immediately before the commencement of the insecticides amendment act, 24 of , shall make an application to the licensing officer for the grant of a licence within a period of six months from the commencement of the said act. 2 every application under subsection 1 shall be made in such form and shall contain such particulars as may be prescribed. 3 on receipt of any such application for the grant of a licence, the licensing officer may grant a licence in such form, on such conditions and on payment of such fee as may be prescribed. 4 a licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fee as may be prescribed: provided that where a licence has been granted to any person who has made an application under 3 the first proviso or, as the case may be, the second proviso to subsection 1, that licence shall be deemed to be cancelled in relation to any insecticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this act, with effect from the date on which such refusal or cancellation is notified in the official gazette. 15 in prescribing fees for the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of insecticides for purposes of domestic use and for other purposes. 1. ins. by act 24 of , s. 4 w.e.f. . 2. subs. by act 46 of , s. 3, for three months w.e.f. . 3. subs. by act 24 of , s. 4, for the proviso w.e.f. .

section 12. of the insecticides act : the state government may, by notification in the official gazette, appoint such persons as it thinks fit to be licensing officers for the purposes of this act and define the areas in respect of which they shall exercise jurisdiction.

section 14. of the insecticides act : 1 if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that a the licence granted under section 13 has been granted because of misrepresentation as to an essential fact or b the holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. 2 subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 13.

section 16. of the insecticides act : the central government may, by notification in the official gazette, establish a central insecticides laboratory under the control of a director to be appointed by the central government to carry out the functions entrusted to it by or under this act: provided that if the central government so directs by a notification in the official gazette, the functions of the central insecticides laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the director of the central insecticides laboratory shall to the extent so specified be exercised by the head of that institution.

section 15. of the insecticides act : 1 any person aggrieved by a decision of a licensing officer under section 13 except under the proviso to subsection 4 or section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed: provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate authority shall, after giving the appellant an opportunity of showing cause, dispose of the appeal ordinarily within a period of six months and the decision of the appellate authority shall be final.

section 23. of the insecticides act : every person for the time being in charge of any premises where any insecticide is being manufactured or is kept for sale or distribution shall, on being required by an insecticide inspector so to do, be legally bound to disclose to the insecticide inspector the place where the insecticide is being manufactured or is kept, as the case may be.

section 17. of the insecticides act : 1 no person shall, himself or by any person on his behalf, import or manufacture a any misbranded insecticide b any insecticide the sale, distribution or use of which is for the time being prohibited under section 27 c any insecticide except in accordance with the conditions on which it was registered d any insecticide in contravention of any other provision of this act or of any rule made thereunder: provided that any person who has applied for registration of an insecticide 1 under any of the provisos to subsection 1 of section 9 may continue to import or manufacture any such insecticide and such insecticide shall not be deemed to be a misbranded insecticide within the meaning of subclause vi or subclause vii or subclause viii of clause k of section 3, until he has been informed by the registration committee of its decision to refuse to register the said insecticide. 2 no person shall, himself or by any person on his behalf, manufacture any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this act. 1. subs. by act 46 of , s. 4, for under the proviso w.e.f. .

section 19. of the insecticides act : the central government or a state government may, by notification in the official gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be insecticide analysts for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification: provided that no person who has any financial interest in the manufacture, import or sale of any insecticide, shall be so appointed.

section 20. of the insecticides act : 1 the central government or a state government may, by notification in the official gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be insecticide inspectors for such areas as may be specified in the notification: provided that any person who does not possess the required qualifications may be so appointed only for the purposes of clause a and clause d of subsection 1 of section 21: provided further that no person who has any financial interest in the manufacture, import or sale of any insecticide shall be so appointed. 2 every insecticide inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of , and shall be officially subordinate to such authority as the government appointing him may specify in this behalf.

section 22. of the insecticides act : 1 where an insecticide inspector seizes any record, register or document under clause b of subsection 1 of section 21, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof. 2 where an insecticide inspector takes any action under clause d of subsection 1 of section 21 a he shall use all dispatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized b if he seizes the stock of the insecticide he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof c without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the insecticide inspector has seized the stock of insecticide, he shall, as soon as may be, inform a magistrate and obtain his orders as to the release thereof. 1 3 where an insecticide inspector takes any sample of an insecticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered if the sample, after test or analysis is not found to be misbranded and the insecticide analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor. 4 2 where the insecticide inspector seizes the stock of any insecticide under clause d of subsection 1 of section 21, he shall tender a receipt therefor in the prescribed form. 5 where an insecticide inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the insecticide inspector may, and if the insecticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them. 6 the insecticide inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows: i one portion or container, he shall forthwith send to the insecticide analyst for test or analysis and ii the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the insecticide. 1. subs. by act 23 of , s. 3, for subsection 3 w.e.f. . 2. the words, brackets and figure where the price tendered under subsection 3 is refused, or omitted by s. 3, ibid. w.e.f. .

section 21. of the insecticides act : 1 an insecticide inspector shall have power a to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed, or for the purpose of satisfying himself that the provisions of this act or the rules made thereunder or the conditions of any certificate of registration or licence issued thereunder are being complied with b to require the production of, and to inspect, examine and make copies of, or take extracts from, registers, records or other documents kept by a manufacturer, distributor, carrier, dealer or any other person in pursuance of the provisions of this act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them, may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder c to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this act or the rules made thereunder are being complied with and for that purpose stop any vehicle d to stop the distribution, sale or use of an insecticide which he has reason to believe is being distributed, sold or used in contravention of the provisions of this act or the rules made thereunder, for a specified period not exceeding 1 thirty days, or unless the alleged contravention is such that the defect may be removed by the possessor of the insecticide, seize the stock of such insecticide e to take samples of any insecticide and send such samples for analysis to the insecticide analyst for test in the prescribed manner and f to exercise such other powers as may be necessary for carrying out the purposes of this act or the rules made thereunder. 2 2 the provisions of the code of criminal procedure, 2 of , shall, as far as may be, apply to any search or seizure under this act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code. 3 an insecticide inspector may exercise the powers of a police officer under 3 section 42 of the code of criminal procedure, 2 of , for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an insecticide is seized. 1. subs. by act 23 of , s. 2, for twenty w.e.f. . 2. subs. by act 24 of , s. 6, for subsection 2 w.e.f. . 3. subs. by s. 6, ibid., for section 57 of the code of criminal procedure, 5 of w.e.f. .

section 24. of the insecticides act : 1 the insecticide analyst to whom a sample of any insecticide has been submitted for test or analysis under subsection 6 of section 22, shall, within a period of 1 thirty days, deliver to the insecticide inspector submitting it a signed report in duplicate in the prescribed form. 2 the insecticide inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and shall retain the other copy for use in any prosecution in respect of the sample. 3 any document purporting to be a report signed by an insecticide analyst shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken has within twentyeight days of the receipt of a copy of the report notified in writing the insecticide inspector or the court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. 4 unless the sample has already been tested or analysed in the central insecticides laboratory, where a person has under subsection 3 notified his intention of adducing evidence in controversion of the insecticide analysts report, the court may, of its own motion or in its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the magistrate under subsection 6 of section 22 to be sent for test or analysis to the said laboratory, 2 which shall, within a period of thirty days, make the test or analysis and report in writing signed by, or under the authority of, the director of the central insecticides laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein. 5 the cost of a test or analysis made by the central insecticides laboratory under subsection 4 shall be paid by the complainant or the accused, as the court shall direct. 1. subs. by act 23 of , s. 4, for sixty w.e.f. . 2. subs. by s. 4, ibid., for which shall make the test or analysis w.e.f. .

section 25. of the insecticides act : 1 where any person has been convicted under this act for contravening any of the provisions of this act or of the rules made thereunder, the stock of the insecticide in respect of which the contravention has been made shall be liable to confiscation. 2 without prejudice to the provisions contained in subsection 1, where the court is satisfied on the application of an insecticide inspector or otherwise and after such inquiry as may be necessary, that the insecticide is a misbranded insecticide, such insecticide shall be liable to confiscation.

section 26. of the insecticides act : the state government may, by notification in the official gazette, require any person or class of persons specified therein to report all occurrences of poisoning through the use or handling of any insecticide coming within his or their cognizance to such officer as may be specified in the said notification.

section 31. of the insecticides act : 1 no prosecution for an offence under this act shall be instituted except by, or with the written consent of, the state government or a person authorised in this behalf by the state government. 2 no court inferior to that of a 1 metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act. 1. subs. by act 24 of , s. 7, for presidency magistrate or a magistrate of the first class w.e.f. .

section 27., of insecticides for reasons of public safety. of the insecticides act : 1 if, on receipt of a report under section 26 or otherwise, the central government or the state government is of opinion for reasons to be recorded in writing, that the use of any insecticide specified in 1 clause e of section 3 or any specific batch thereof is likely to involve such risk to human beings or animals as to render it expedient or necessary to take immediate action then that government may, by notification in the official gazette, prohibit the sale, distribution or use of the insecticide or batch, in such area, to such extent and for such period not exceeding sixty days as may be specified in the notification pending investigation into the matter: provided that where the investigation is not completed within the said period, the central government or the state government, as the case may be, may extend it by such further period or periods not exceeding thirty days in the aggregate as it may specify in a like manner. 2 if, as a result of its own investigation or on receipt of the report from the state government, and after consultation with the registration committee, the central government, is satisfied that the use of the said insecticide or batch is or is not likely to cause any such risk, it may pass such order including an order refusing to register the insecticide or cancelling the certificate of registration, if any, granted in respect thereof as it deems fit, depending on the circumstances of the case. 1. the words, brackets and figure subclause iii of omitted by s. 5, ibid. w.e.f. .

section 28. of the insecticides act : a refusal to register any insecticide or a cancellation of the certificate of registration of any insecticide shall be notified in the official gazette and in such other manner as may be prescribed.

section 32. of the insecticides act : magistrates power to impose enhanced penalties. omitted by the insecticides repealing and amending act 24 of , s. 8 w.e.f. .

section 29. of the insecticides act : 1 whoever, a imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under subclause i or subclause iii or subclause viii of clause k of section 3 or b imports or manufactures any insecticide without a certificate of registration or c manufactures, sells, stocks or exhibits for sale or distributes an insecticide without a licence or d sells or distributes an insecticide, in contravention of section 27 or e causes an insecticides, the use of which has been prohibited under section 27, to be used by any worker or f obstructs an insecticide inspector in the exercise of his powers or discharge of his duties under this act or the rules made thereunder, 1 shall be punishable i for the first offence, with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both ii for the second and a subsequent offence, with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen thousand rupees but which may extend to seventyfive thousand rupees, or with both. 2 whoever uses an insecticide in contravention of any provision of this act or any rule made thereunder shall be punishable with fine 2 which shall not be less than five hundred rupees but which may extend to five thousand rupees, or imprisonment for a term which may extend to six months, or with both. 3 whoever contravenes any of the other provisions of this act or any rule made thereunder or any condition of a certificate of registration or licence granted thereunder, shall be punishable i for the first offence, with imprisonment for a term which may extend to 3 one year, or with fine which shall not be less than five thousand rupees but which may extend to twentyfive thousand rupees, or with both ii for the second and a subsequent offence, with imprisonment for a term which may extend to 4 two years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both. 4 if any person convicted of an offence under this act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offenders name and place of residence, the offence and the penalty imposed to be published in such newspapers or in such other manner as the court may direct. 1. subs. by act 23 of , s. 6, for certain words w.e.f. . 2. subs. by s. 6, ibid., for which may extend to five hundred rupees w.e.f. . 3. subs. by s. 6, ibid., for six months, or with fine, or with both w.e.f. . 4. subs. by s. 6, ibid., for one year, or with fine, or with both w.e.f. .

section 30. of the insecticides act : 1 save as hereinafter provided in this section, it shall be no defence in a prosecution under this act to prove merely that the accused was ignorant of the nature or quality of the insecticide in respect of which the offence was committed or of the risk involved in the manufacture, sale or use of such insecticide or of the circumstances of its manufacture or import. 2 for the purposes of section 17, an insecticide shall not be deemed to be misbranded only by reason of the fact that a there has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or the preparation of the insecticide as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the insecticide or to conceal its inferior quality or other defect or b in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it. 3 a person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for a contravention of any provision of this act, if he proves a that he acquired the insecticide from an importer or a duly licensed manufacturer, distributor or dealer thereof b that he did not know and could not, with reasonable diligence, have ascertained that the insecticide in any way contravened any provision of this act and c that the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it.

section 31a. of the insecticides act : 1 31a. special courts.1 if the state government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this act in any district or metropolitan area, it may, by notification in the official gazette and after consultation with the high court, notify one or more courts of judicial magistrates of the first class, or, as the case may be, metropolitan magistrates, in such district or metropolitan area to be special courts for the purposes of this act. 2 unless otherwise directed by the high court, a court notified under subsection 1 shall exercise jurisdiction only in respect of cases under this act. 3 subject to the provisions of subsection 2, the jurisdiction and powers of the presiding officer of court notified under subsection 1 in any district or metropolitan area shall extend throughout the district or the metropolitan area, as the case may be. 4 subject to the foregoing provisions of this section, a court notified under subsection 1 in any district or metropolitan area shall be deemed to be a court established under subsection 1 of section 11, or, as the case may be, subsection 1 of section 16 of the code of criminal procedure, 2 of and the provisions of that code shall apply accordingly in relation to such courts. explanation.in this section, high court has the same meaning as in clause e of section 2 of the code of criminal procedure, 2 of . 1. ins. by act 23 of , s. 7 w.e.f. .

section 33. of the insecticides act : 1 whenever an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of the business of, the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section: a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm

section 38. of the insecticides act : 1 nothing in this act shall apply to a the use of any insecticide by any person for his own household purposes or for kitchen garden or in respect of any land under his cultivation b any substance specified or included in the schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings. 2 the central government may, by notification in the official gazette, and subject to such conditions, if any, as it may specify therein, exempt from all or any of the provisions of this act or the rules made thereunder, any educational, scientific or research organisation engaged in carrying out experiments with insecticides.

section 34. power of central government to give directions of the insecticides act : the central government may give such directions to any state government as may appear to the central government to be necessary for carrying into execution in the state any of the provisions of this act or of any rule or order made thereunder.

section 35. of the insecticides act : no prosecution, suit or other proceeding shall lie against the government or any officer of the government or the board, the registration committee or any committee of the board, for anything in good faith done or intended to be done under this act.

section 36.power of central government to make rules of the insecticides act : 1 the central government may, after consultation with the board and subject to the condition of previous publication, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act: provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation but in such a case the board shall be consulted within six months of the making of the rules and the central government shall take into consideration any suggestions which the board may make in relation to the amendment of the said rules. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the method of packing and labelling b the manner of registration of an insecticide c the functions of the board and of the registration committee and the travelling and other allowances payable to members of the board, the registration committee and any committee of the board d the places at which insecticides may be imported and prohibit their import at any other place e the form of application for registration of an insecticide and the particulars relating thereto f 1 the fee payable in respect of registration g the manner of appeal to the central government under section 10 and the fee payable therefore h the form of application for the grant of licence and the particulars relating thereto i the form of licence, the conditions attached thereto and the fee payable therefore j the period for which a licence may be renewed and the fee for such renewal k the circumstances in which a licence may be varied or amended under subsection 2 of section 14 l the functions of the central insecticides laboratory m the qualifications, powers and duties of an insecticide analyst and an insecticide inspector n the manner of testing or analysing the samples of any insecticide and the fee payable therefor o the form in which intimation shall be given by an insecticide inspector under subsection 5 of section 22 to a person from whom a sample of an insecticide is taken for test or analysis p the form in which an insecticide analyst shall submit a report of his test or analysis to the insecticide inspector under subsection 1 of section 24 q the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities to be provided to keep themselves and things supplied to them free from any contamination r the use by the workers of any such protective clothing, equipment and other facilities s the precautions to be taken against poisoning through the use or handling of insecticides t the measures for detecting and investigating cases in which poisoning has occurred u the facilities to be provided for ensuring firstaid treatment v the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety w the facilities for medical examination of workers engaged in the manufacture or handling of insecticides 2 y the equipment for, and method of, application of, an insecticide and the disposal of surplus material, washings and containers, following application z the maintenance and inspection of records and returns za the restrictions on storage of insecticides during transport or, otherwise along with articles of food zb the maximum proportion of any insecticide which may be added to, or contained in, any preparation for domestic use and the restrictions thereon zc the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified zd the officer or authority to whom the central government may delegate any of the powers and functions conferred on it by this act ze any other matter which has to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 3 or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. the words the conditions of registration and omitted by act 24 of , s. 9 w.e.f. . 2. clause x omitted by act 24 of , s. 9 w.e.f. . 3. subs. by s. 9, ibid., for certain words w.e.f.

section 37. of the insecticides act : 1 the state government may, after consultation with the board and subject to the condition of previous publication, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act and not inconsistent with the rules, if any, made by the central government. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 15 and the procedure to be followed by the appellate authority in disposing of the appeal b the delegation of any of the powers and functions conferred by this act on the state government to any officer or authority specified by that government. 1 3 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 7. of the slum areas improvement and clearance act : where a competent authority upon a report from any of its officers or other information in its possession is satisfied that any building within a slum area is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, it shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. 2 if any of the persons upon whom a notice has been served under subsection 1, appears in pursuance thereof before the competent authority and gives an undertaking to the authority that such person shall within a period specified by the authority execute such works of improvement in relation to the building as will in the opinion of the authority render the building fit for human habitation, or that it shall not be used for human habitation until the authority on being satisfied that it has been rendered fit for that purpose cancels the undertaking, the authority shall not make any order of demolition of the building. 3 if no such undertaking as is mentioned in subsection 2 is given, or if in a case where any such undertaking has been given any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the competent authority shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.

section 3. of the slum areas improvement and clearance act : 1 where the competent authority upon report from any of its officers or other information in its possession is satisfied as respects any area that the buildings in that area a are in any respect unfit for human habitation or b are by reason of dilapidation, overcrowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals, it may, by notification in the official gazette, declare such area to be a slum area. 2 in determining whether a building is unfit for human habitation for the purposes of this act, regard shall be had to its condition in respect of the following matters, that is to say a repair b stability c freedom from damp d natural light and air e water supply f drainage and sanitary conveniences g facilities for storage, preparation and cooking of food and for the disposal of waste water and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.

section 8. of the slum areas improvement and clearance act : 1 where an order for demolition of a building under section 7 has been made the owner of the building or any other person having an interest therein shall demolish that building within the time specified in that behalf by the order and if the building is not demolished within that time the competent authority shall enter and demolish the building and sell the materials thereof. 2 any expenses incurred by the competent authority under subsection 1, if not satisfied out of the proceeds of sale of materials of the building shall be recoverable from the owner of the building or any other person having an interest therein as arrears of land revenue.

section 1. of the slum areas improvement and clearance act : 1 this act may be called the slum areas improvement and clearance act, . 2 it extends to all union territories except the union territories of the andaman and nicobar islands and the laccadive, minicoy and amindivi islands. 3 it shall come into force in a union territory on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different union territories. 1. 8th february, in respect of the union territory of delhi, vide notification no. s.r.o. 421, dated 4th february, , see gazette of india, extraordinary, part ii, sec. 3ii. 1st april, in respect of the union territory of tripura, vide notification no. s.r.o. 414, dated 31st march, , see gazette of india, extraordinary, part ii, sec. 3ii. extended to pondicherry act 26 of .

section 2. of the slum areas improvement and clearance act : in this act, unless the context otherwise requires, a administrator means the administrator of a union territory b building includes any structure or erection or any part of a building as so defined but does not include plant or machinery comprised in a building c competent authority means such officer or authority as the administrator may, by notification in the official gazette, appoint as the competent authority for the purposes of this act d erection in relation to a building includes extension, alteration or reerection 2 e land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth f occupier includes a any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable b an owner in occupation of, or otherwise using his land or building c a rentfree tenant of any land or building d a licensee in occupation of any land or building and e any person who is liable to pay to the owner damages for the use and occupation of any land or building g owner includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or as agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant h prescribed means prescribed by rules made under this act and i slum clearance means the clearance of any slum area by the demolition and removal of buildings therefrom 3 j work of improvement includes in relation to any building in a slum area the execution of any one or more of the following works, namely: i necessary repairs ii structural alterations iii provision of light points, water taps and bathing places iv construction of drains, open or covered v provision of latrines, including conversion of dry latrines into waterborne latrines vi provision of additional or improved fixtures or fittings vii opening up or paving of courtyards viii removal of rubbish and ix any other work including the demolition of any building or any part thereof which in the opinion of the competent authority is necessary for executing any of the works specified above. 2. subs. by act 43 of , s. 2, for clauses e and f w.e.f. . 3. ins. by act 43 of , s. 2 w.e.f. .

section 6a., in slum areas. of the slum areas improvement and clearance act : 6 1 the competent authority may, by notification in the official gazette, direct that no person shall erect any building in a slum area except with the previous permission in writing of the competent authority. 2 every notification issued under subsection 1 shall cease to have effect on the expiration of two years from the date thereof except as respects things done or omitted to be done before such cesser. 3 every person desiring to obtain the permission referred to in subsection 1 shall make an application in writing to the competent authority in such form and containing such information in respect of the erection of the building to which the application relates as may be prescribed. 4 on receipt of such application, the competent authority, after making such inquiry as it considers necessary, shall, by order in writing, a either grant the permission subject to such terms and conditions, if any, as may be specified in the order or b refuse to grant such permission: provided that before making an order refusing such permission, the applicant shall be given a reasonable opportunity to show cause why the permission should not be refused. 5 nothing contained in subsection 1 shall apply to a any works of improvement required to be executed by a notice under subsection 1 of section 4 or in pursuance of an undertaking given under subsection 2 of section 7 or b the erection of any building in any area in respect of which a slum clearance order has been made under section 10. 6. ins. by s. 5, ibid. w.e.f. .

section 5. of the slum areas improvement and clearance act : 1 if a notice under section 4 requiring the owner of the building 5 or of the land on which the building stands, as the case may be, to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the competent authority may itself do the works required to be done by the notice. 2 all expenses incurred by the competent authority under this section, together with interest, at such rate as the central government may by order fix, from the date when a demand for the expenses is made until payment, may be recovered by the competent authority from the owner of the building 5 or of the land on which the building stands, as the case may be, as arrears of land revenue: provided that if the owner proves that he a is receiving the rent merely as agent or trustee for some other person and b has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the authority, his liability shall be limited to the total amount of the money which he has in his hands as aforesaid. 5. ins. by s. 4, ibid. w.e.f. .

section 4. of the slum areas improvement and clearance act : 1 where the competent authority upon report from any of its officers or other information in its possession is satisfied that any building in a slum area is in any respect unfit for human habitation, it may, unless in its opinion the building is not capable at a reasonable expense of being rendered so fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in the opinion of the authority those works will render the building fit for human habitation: 4 provided that where the owner of the building is different from the owner of the land on which the building stands and the works of improvement required to be executed relate to provision of water taps, bathing places construction of drains, open or covered, as the case may be, provision of waterborne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land. 2 in addition to serving a notice under this section on the owner, the competent authority may serve a copy of the notice on any other person having an interest in the building 4 or the land on which the building stands whether as lessee, mortgagee or otherwise. 3 in determining, for the purposes of this act, whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. 4. ins. by act 43 of , s. 3 w.e.f. .

section 9. of the slum areas improvement and clearance act : 1 where the competent authority upon a report from any of its officers or other information in its possession is satisfied as respects any slum area that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area, the authority shall by an order notified in the official gazette declare the area to be a clearance area, that is to say, an area to be cleared of all buildings in accordance with the provisions of this act: provided that any building in the area which is not unfit for human habitation or dangerous or injurious to health may be excluded from the declaration if the authority considers it necessary. 2 the competent authority shall forthwith transmit to the administrator a copy of the declaration under this section together with a statement of the number of persons who on a date specified in the statement were occupying buildings comprised in the clearance area.

section 12. of the slum areas improvement and clearance act : 1 where on any representation from the competent authority it appears to the central government that, in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to redevelop any clearance area, it is necessary that land within, adjoining or surrounded by any such area should be acquired, the central government may acquire the land by publishing in the official gazette a notice to the effect that the central government has decided to acquire the land in pursuance of this section: provided that, before publishing such notice, the central government may call upon the owner of, or any other person who, in the opinion of the central government, may be interested in, such land to show cause why it should not be acquired and after considering the cause, if any, shown by the owner or any other person interested in the land, the central government may pass such order as it deems fit. 2 when a notice as aforesaid is published in the official gazette, the land shall, on and from the date on which the notice is so published, vest absolutely in the central government free from all encumbrances.

section 6., to be recoverable from the occupiers of buildings. of the slum areas improvement and clearance act : where works of improvement have been executed in relation to any building in a slum area in pursuance of the provisions of sections 4 and 5, the expenses incurred by the competent authority or, as the case may be, any local authority in connection with the maintenance of such works of improvement or the enjoyment of amenities and conveniences rendered possible by such works shall be recoverable from the occupier or occupiers of the building as arrears of land revenue.

section 14. of the slum areas improvement and clearance act : every person having any interest in any land acquired under this act shall be entitled to receive from the central government compensation as provided hereafter in this act.

section 10. of the slum areas improvement and clearance act : 1 as soon as may be after the competent authority has declared any slum area to be a clearance area, it shall make a slum clearance order in relation to that area ordering the demolition of each of the buildings specified therein and requiring each such building to be vacated within such time as may be specified in the order and submit the order to the administrator for confirmation. 2 the administrator may either confirm the order in to or subject to such variations as he considers necessary or reject the order. 3 if the administrator confirms the order, the order shall become operative from the date of such confirmation. 4 when a slum clearance order has become operative, the owners of buildings to which the order applies shall demolish the buildings before the expiration of six weeks from the date on which the buildings are required by the order to be vacated or before the expiration of such longer period as in the circumstances of the case the competent authority may deem reasonable. 5 if the buildings are not demolished before the expiration of the period mentioned in subsection 4 the competent authority shall enter and demolish the buildings and sell the materials thereof. 6 any expenses incurred by the competent authority in demolishing any building shall, if not satisfied out of the proceeds of sale of materials thereof, be recoverable by the competent authority as arrears of land revenue. 7 7 subject to the provisions of this act, where a slum clearance order has become operative, the owner of the land to which the order applies may redevelop the land in accordance with plans approved by the competent authority and subject to such restrictions and conditions including a condition with regard to the time within which the redevelopment shall be completed, if any, as that authority may think fit to impose: provided that an owner who is aggrieved by a restriction or condition so imposed on the user of his land or by a subsequent refusal of the competent authority to cancel or modify any such restriction or condition may, within such time as may be prescribed, appeal to the administrator and the administrator shall make such order in the matter as he thinks proper and his decision shall be final. 8 no person shall commence or cause to be commenced any work in contravention of a plan approved or a restriction or condition imposed under subsection 7. 7. subs. by act 43 of , s. 6, for subsection 7 w.e.f. .

section 16. of the slum areas improvement and clearance act : 1 where several persons claim to be interested in the amount of compensation determined under section 15, the competent authority shall determine the persons who in its opinion are entitled to receive compensation and the amount payable to each of them. 2 if any dispute arises as to the apportionment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the competent authority may refer the dispute to the decision of the administrator and the administrator in deciding any such dispute shall follow, as far as may be, the provisions of part iii of the land acquisition act, 1 of .

section 13. of the slum areas improvement and clearance act : where any land in a slum area or clearance area has been acquired under this act the central government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of redevelopment: 9 provided that where on any representation from the competent authority, the central government is satisfied that any such land or any portion thereof is unsuitable for the purposes mentioned in this section, the central government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit. 9. added by act 43 of , s. 8 w.e.f. .

section 18. of the slum areas improvement and clearance act : 1 the competent authority may, for the purposes of determining the amount of compensation or apportionment thereof, require, by order, any person to furnish such information in his possession as may be specified in the order. 2 the competent authority shall, while holding inquiry under section 15, have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commissions for examination of witnesses.

section 11. of the slum areas improvement and clearance act : 8 1 notwithstanding anything contained in subsection 7 of section 10, the competent authority may at any time after the land has been cleared of the buildings in accordance with a slum clearance order but before the work of redevelopment of that land has been commenced by the owner, by order, determine to redevelop the land if that authority is satisfied that it is necessary in the public interest to do so. 2 where land has been cleared of the buildings in accordance with a slum clearance order, the competent authority, if it is satisfied that the land has been, or is being, redeveloped by the owner thereof in contravention of plans approved by the authority or any restrictions or conditions imposed under subsection 7 of section 10 or has not been redeveloped within the time, if any, specified under such conditions, may, by order, determine to redevelop the land: provided that before passing such order, the owner shall be given a reasonable opportunity to show cause why the order should not be passed. 8. subs. by s. 7, ibid., for section 11 w.e.f. .

section 15. of the slum areas improvement and clearance act : 1 the amount payable as compensation in respect of any land acquired under this act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 12. 2 the net average monthly income referred to in subsection 1 shall be calculated in the manner and in accordance with the principles set out in the schedule. 3 the competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of subsection 2 the net average monthly income actually derived from the land and publish a notice in the official gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate to it before a date specified in the notice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land. 4 any person who does not agree to the amount of the net average monthly income determined by the competent authority under subsection 3 and claims a sum in excess of that amount may prefer an appeal to the administrator within thirty days from the date specified in the notice referred to in that subsection. 5 on appeal the administrator shall, after hearing the appellant, determine the, net average monthly income and his determination shall be final and shall not be questioned in any court of law. 6 where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building: provided that where the owner of the land and the owner of the building on such land are different, the competent authority shall apportion the amount of compensation between the owner of the land and the owner of the building 10 in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition. 10. subs. by act 43 of , s. 9, for in such proportion as he considers reasonable w.e.f. .

section 19. of the slum areas improvement and clearance act : 11 1 notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority, a institute, after the commencement of the slum areas improvement and clearance amendment act, , any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area or b where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order. 2 every person desiring to obtain the permission referred to in subsection 1 shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed. 3 on receipt of such application, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall by order in writing, either grant or refuse to grant such permission. 4 in granting or refusing to grant the permission under subsection 3, the competent authority shall take into account the following factors, namely: a whether alternative accommodation within the means of the tenant would be available to him if he were evicted b whether the eviction is in the interest of improvement and clearance of the slum areas c such other factors, if any, as may be prescribed. 5 where the competent authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. 11. subs. by s. 10, ibid., for section 19 w.e.f. .

section 17. of the slum areas improvement and clearance act : 1 after the amount of compensation has been determined, the competent authority shall on behalf of the central government tender payment of, and pay, the compensation to the persons entitled thereto. 2 if the persons entitled to compensation do not consent to receive it, or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the competent authority shall deposit the amount of the compensation in the court of the district judge and that court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the land acquisition act, 1 of .

section 20. of the slum areas improvement and clearance act : 12 any person aggrieved by an order of the competent authority refusing to grant the permission referred to in subsection 1 of section 6a or referred to in subsection 1 of section 19 may, within such time as may be prescribed, prefer an appeal to the administrator and the administrator may, after hearing the appellant, decide such appeal and his decision shall be final. 12. subs. by act 43 of , s. 11, for section 20 w.e.f. .

section 24. of the slum areas improvement and clearance act : 1 any person authorised by the competent authority in this behalf may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this act for the purpose of depositing thereon any soil, gravel, stone or other materials, or for obtaining access to such work or for any other purposes connected with the carrying on of the same. 2 the person so authorised shall, before entering on any land under subsection 1, state the purpose thereof, and shall, if so required by the occupier, or owner, fence off so much of the land as may be required for such purpose. 3 the person so authorised shall, in exercising any power conferred by this section, do as little damage, as may be, and compensation shall be payable by the competent authority to the owner or occupier of such land or to both for any such damage whether permanent or temporary

section 20a. of the slum areas improvement and clearance act : 13 1 where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose of reelection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or reerection of the building, as the case may be. 2 on receipt of such declaration, the competent authority, shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the work of improvement or reerection of the building and estimates of the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of subsection 3 of section 20b and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under subsection 1. 3 the rent provisionally determined under subsection 2 shall be communicated in the prescribed manner to the tenant and the owner. 4 if the tenant after the receipt of such communication intimates in writing to the competent authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under subsection 1, he would pay to the owner until the rent is finally determined under section 20b the rent provisionally determined under subsection 2, the competent authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or reerection of the building, as the case may be, and the owner shall be bound to comply with such direction. 13. ins. by s. 12, ibid. w.e.f. .

section 25. of the slum areas improvement and clearance act : it shall be lawful for any person authorised by the competent authority in this behalf to make any entry into any place, to open or cause to be opened any door, gate or other barrier a if he considers the opening thereof necessary for the purpose of such entry and b if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

section 21. of the slum areas improvement and clearance act : nothing in this chapter shall apply to or in relation to the 14 eviction under any law of a tenant from any building in a slum area belonging to the government, 15 the delhi development authority or any local authority. 14. subs. by act 43 of , s. 13, for execution of any decree or order under any law for the eviction w.e.f. . 15. subs. by s. 13, ibid., for the delhi improvement trust w.e.f.

section 23. of the slum areas improvement and clearance act : 1 the competent authority may, by general or special order, authorise any person a to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in a slum area, and in his discretion to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be b to examine works under construction in the slum area, to take levels or to remove, test, examine, replace or read any meter. 2 if, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen, the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the competent authority.

section 22. of the slum areas improvement and clearance act : it shall be lawful for any person authorised by the competent authority in this behalf to enter into or upon any building or land in a slum area with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work which is authorised by or under this act or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this act or of any rule or order made thereunder.

section 20b. of the slum areas improvement and clearance act : 1 where any building in a slum area is let to a tenant after the execution of any work of improvement or after it has been reerected, the rent of the building shall be determined in accordance with the provisions of this section. 2 where any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under subsection 4 of section 20a, the tenant shall be liable to pay to the owner a if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law b if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. 3 where any such building is let to a tenant in pursuance of a direction issued under subsection 4 of section 20a, the tenant shall, notwithstanding any law relating to the control of rents in force in the area be liable to pay to the owner a if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely: i the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement ii six per cent. of the cost of the work of improvement and iii six per cent. of a sum equivalent to the compensation payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land were acquired under section 12 on the date of the commencement of the work of improvement b if the building has been reerected, an annual rent of a sum equivalent to four per cent. of the aggregate cost of reconstruction of the building and the cost of the land on which the building is reerected. explanation.for the purposes of this clause, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 12 on the date of commencement of the reconstruction of the building. 4 the rent payable by a tenant in respect of any building under subsection 3 shall, on an application made by the tenant or the owner, be determined by the authority referred to in subsection 5: provided that an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the completion of the work of improvement or reerection of the building, as the case may be. 5 the authority to which the application referred to in subsection 4 shall be made, shall be a where there is a general law relating to the control of rents in force in the area in which the building is situate, the authority to whom applications may be made for fixing of rents of buildings situate in that area and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under the said general law and the provisions of such law including provisions relating to appeals shall apply accordingly b if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the central government and such rules may provide the procedure that will be followed by that authority in determining the rent and also for appeals against the decision of such authority. 6 where the rent is finally determined under this section, then the amount of rent paid by the tenant shall be adjusted against the rent so finally determined and if the amount so paid falls short of, or is in excess of, the rent finally determined, the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

section 26. of the slum areas improvement and clearance act : no entry authorised by or under this act shall be made except between the hours of sunrise and sunset.

section 30. of the slum areas improvement and clearance act : 1 except as otherwise expressly provided in this act, any person aggrieved by any notice, order or direction issued or given by the competent authority may appeal to the administrator within a period of thirty days from the date of issue of such notice, order or direction. 2 every appeal under this act shall be made by petition in writing accompanied by a copy of the notice, order or direction appealed against. 3 on the admission of an appeal, all proceedings to enforce the notice, order or direction and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and if the notice, order or direction is set aside on appeal, disobedience thereto shall not be deemed to be an offence. 4 no appeal shall be decided under this section unless the appellant has been heard or has had a reasonable opportunity of being heard in person or through legal practitioner. 5 the decision of the administrator on appeal shall be final and shall not be questioned in any court.

section 27. of the slum areas improvement and clearance act : 16 save as provided in this act, no building or land shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty four hours written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a shed for cattle or a latrine, urinal or a work under construction. 16. subs. by act 43 of , s. 14, for no building or land w.e.f. .

section 29. of the slum areas improvement and clearance act : the competent authority may, by order in writing, direct any person carrying on any dangerous or offensive trade in a slum area to remove the trade from that area within such time as may be specified in the order: provided that no order under this section shall be made unless the person carrying on the trade has been afforded a reasonable opportunity of showing cause as to why the order should not be made.

section 32. of the slum areas improvement and clearance act : 1 whoever 18 fails to comply with any notice, order or direction issued or given under this act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 2 whoever commences or causes to be commenced any work in contravention of any restriction or condition imposed under subsection 7 of section 10 or any plan for the redevelopment of a clearance area shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 3 whoever obstructs the entry of any person authorised under this act to enter into or upon any building or land or molests such person after such entry shall be punishable with fine which may extend to one thousand rupees. 4 if the person committing an offence under this act is a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 5 notwithstanding anything contained in subsection 3 where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means a body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm. 18. subs. by act 43 of , s. 16 for does any act in contravention of w.e.f. .

section 28. of the slum areas improvement and clearance act : where the competent authority is satisfied either upon a representation from the owner of a building or upon other information in its possession that the occupants of the building have not vacated it in pursuance of any notice, order or direction issued or given by the authority, the authority shall, by order, direct the eviction of the occupants from the building in such manner and within such time as may be specified in the order 17 and for the purpose of such eviction may use or cause to be used such force as may be necessary: provided that before making any order under this section the competent authority shall give a reasonable opportunity to the occupants of the building to show cause why they should not be evicted therefrom. 17. ins. by act 43 of , s. 15 w.e.f. .

section 38., to be public servants. of the slum areas improvement and clearance act : the competent authority and any person authorised by 24 it under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 24. subs. by act 58 of , s. 3 and the second schedule, for him w.e.f. .

section 31. of the slum areas improvement and clearance act : 1 every notice, order or direction issued under this act shall, save as otherwise expressly provided in this act, be served a by giving or tendering the notice, order or direction, or by sending it by post to the person for whom it is intended or b if such person cannot be found, by affixing the notice, order or direction on some conspicuous part of his last known place of abode or business, or by giving or tendering the notice, order or direction to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the building or land, if any, to which it relates. 2 where the person on whom a notice, order or direction is to be served is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor. 3 every notice, order or direction which by or under this act is to be served as a public notice, order or direction or as a notice, order or direction which is not required to be served to any individual therein specified shall, save as otherwise expressly provided, be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part of the office of the competent authority or in such other public place during such period, or is published in such local newspaper or in such other manner, as the competent authority may direct.

section 33. of the slum areas improvement and clearance act : 19 1 where the erection of any building has been commenced, or is being carried out, or has been completed, in contravention of any restriction or condition imposed under subsection 7 of section 10 or a plan for the redevelopment of any clearance area or in contravention of any notice, order or direction issued or given under this act the competent authority may, in addition to any other remedy that may be resorted to under this act or under any other law, make an order directing that such erection shall be demolished by the owner thereof within such time not exceeding two months as may be specified in the order, and on the failure of the owner to comply with the order, the competent authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner as arrears of land revenue: provided that no such order shall be made unless the owner has been given a reasonable opportunity of being heard. 20 2 for the purpose of causing any building to be demolished under subsection 1, the competent authority may use or cause to be used such force as may be necessary. 19. section 33 renumbered as subsection 1 thereof by s. 17, ibid. w.e.f. . 20. ins. by s. 17, ibid. w.e.f. .

section 34. of the slum areas improvement and clearance act : no court inferior to that of a magistrate of the first class shall try an offence punishable under this act.

section 37a. of the slum areas improvement and clearance act : 23 save as otherwise expressly provided in this act, no civil court shall have jurisdiction in respect of any matter which the competent authority or any other person is empowered by or under this act, to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 23. ins. by s. 19, ibid. w.e.f. .

section 35. of the slum areas improvement and clearance act : no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the competent authority or an officer authorised by the competent authority in this behalf.

section 40. of the slum areas improvement and clearance act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely: a the manner, of authentication of notices, orders and other instruments of the competent authority b the preparation of plans for the redevelopment of any slum area, and matters to be included in such plans 25 bb the form in which an application under subsection 3 of section 6a shall be made and the information to be furnished and the fees to be levied in respect of such application bbb the manner in which inquiries may be held under sections 15 and 19 c the form and manner in which applications for permission under subsection 2 of section 19 shall be made and the fees to be levied in respect of such applications d the procedure to be followed 25 and the factors to be taken into consideration by the competent authority before granting or refusing to grant permission under section 19 e the time within which an appeal may be preferred under 26 subsection 7 of section 10 or section 20 27 ee the time within which a declaration may be filed under subsection 1 or an intimation may be sent under subsection 4 of section 20a and the fees, if any, to be levied in respect of such declaration eee the time within which plans, estimates and other particulars referred to in subsection 2 of section 20a may be furnished eeee the procedure to be followed by the competent authority for fixing the provisional rent under subsection 2 of section 20a eeeee the manner in which the rent provisionally determined under section 20a shall be communicated to the tenants and owners eeeeee the matters in respect of which provision may be made under subsection 5 of section 20b f the officers and local authorities to whom powers may be delegated under section 36 and g any other matter which has to be, or may be, prescribed. 28 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 29 in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 25. ins. by act 43 of , s. 20 w.e.f. . 26. subs. by act 43 of , s. 20, for section 20 w.e.f. . 27. ins. by s. 20, ibid. w.e.f. . 28. subs. by s. 20, ibid., for subsection 3 w.e.f. . 29. subs. by act 4 of , s. 52, for in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, w.e.f. .

section 36. of the slum areas improvement and clearance act : 21 1 the competent authority may, by notification in the official gazette, direct that any power exercisable by it under this act may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer or the local authority as may be mentioned therein. 22 2 the central government may, by notification in the official gazette, direct that any power exercisable by the administrator under subsection 7 of section 10, section 15, section 20 and section 30 may, subject to such conditions, if any, as may be specified in the notification, be exercised also by the chief secretary or by such other officer as may be mentioned therein. 21 section 36 renumbered as subsection 1 thereof by act 43 of , s. 18 w.e.f. . 22. ins. by s. 18, ibid. w.e.f. .

section 37. of the slum areas improvement and clearance act : no suit, prosecution or other legal proceeding shall lie against the competent authority or against any person for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 39. of the slum areas improvement and clearance act : the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 8. of the electricity act : show related subordinates 1 notwithstanding anything contained in section 7, any generating company intending to set up a hydrogenerating station shall prepare and submit to the authority for its concurrence, a scheme estimated to involve a capital expenditure exceeding such sum, as may be fixed by the central government, from time to time, by notification. 2 the authority shall, before concurring in any scheme submitted to it under subsection 1 have particular regard to, whether or not in its opinion, a the proposed riverworks will prejudice the prospects for the best ultimate development of the river or its tributaries for power generation, consistent with the requirements of drinking water,irrigation, navigation, floodcontrol, or other public purposes, and for this purpose the authority shall satisfy itself, after consultation with the state government, the central government, or such other agencies as it may deem appropriate, that an adequate study has been made of the optimum location of dams and other riverworks b the proposed scheme meets the norms regarding dam design and safety. 3 where a multipurpose scheme for the development of any river in any region is in operation, the state government and the generating company shall coordinate their activities with the activities of the persons responsible for such scheme in so far as they are interrelated.

section 1. of the electricity act : show related subordinates 1 this act may be called the electricity act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 10th june, ss. 1 to 120 and ss. 122 to 185, vide notification no. s.o. 669e, dated 10th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the electricity act : show related subordinates this act, unless the context otherwise requires, 1appellate tribunal means the appellate tribunal for electricity established under section 110 2 appointed date means such date as the central government may, by notification, appoint 3 area of supply means the area within which a distribution licensee is authorised by his licence to supply electricity 4 appropriate commission means the central regulatory commission referred to in subsection 1 of section 76 or the state regulatory commission referred to in section 82 or the joint commission referred to in section 83, as the case may be 5 appropriate government means, a the central government, i in respect of a generating company wholly or partly owned by it ii in relation to any interstate generation, transmission, trading or supply of electricity and with respect to any mines, oilfields, railways, national highways, airports, telegraphs, broadcasting stations and any works of defence, dockyard, nuclear power installations iii in respect of national load despatch centre and regional load despatch centre iv in relation to any works or electric installation belonging to it or under its control b in any other case, the state government, having jurisdiction under this act 6 authority mean the central electricity authority referred to in subsection 1 of section 70 7 board means a state electricity board, constituted before the commencement of this act, under subsection 1 of section 5 of the electricity supply act, 54 of 8 captive generating plant means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any cooperative society or association of persons for generating electricity primarily for use of members of such cooperative society or association 9 central commission means the central electricity regulatory commission referred to in subsection 1 of section 76 10 central transmission utility means any government company which the central government may notify under subsection 1 of section 38 11 chairperson means the chairperson of the authority or appropriate commission or the appellate tribunal, as the case may be 12 cogeneration means a process which simultaneously produces two or more forms of useful energy including electricity 13 company means a company formed and registered under the companies act, 1 of and includes any body corporate under a central, state or provincial act 14 conservation means any reduction in consumption of electricity as a result of increase in the efficiency in supply and use of electricity 15 consumer means any person who is supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the government or such other person, as the case may be 16 dedicated transmission lines means any electric supplyline for point to point transmission which are required for the purpose of connecting electric lines or electric plants of a captive generating plant referred to in section 9 or generating station referred to in section 10 to any transmission lines or substations, or generating stations, or the load centre, as the case may be 17 distribution licensee means a licensee authorised to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply 18 distributing main means the portion of any main with which a service line is, or is intended to be, immediately connected 19 distribution system means the system of wires and associated facilities between the delivery points on the transmission lines or the generating station connection and the point of connection to the installation of the consumers 20 electric line means any line which is used for carrying electricity for any purpose and includes a any support for any such line, that is to say, any structure, tower, pole or other thing in, on, by or from which any such line is, or may be, supported, carried or suspended and b any apparatus connected to any such line for the purpose of carrying electricity 21 electrical inspector means a person appointed as such by the appropriate government under subsection 1 of section 162 and also includes chief electrical inspector 22 electrical plant means any plant, equipment, apparatus or appliance or any part thereof used for, or connected with, the generation, transmission, distribution or supply of electricity but does not include a an electric line or b a meter used for ascertaining the quantity of electricity supplied to any premises or c an electrical equipment, apparatus or appliance under the control of a consumer 23 electricity means electrical energy a generated, transmitted, supplied or traded for any purpose or b used for any purpose except the transmission of a message 24 electricity supply code means the electricity supply code specified under section 50 25 electricity system means a system under the control of a generating company or licensee, as the case may be, having one or more a generating stations or b transmission lines or c electric lines and substations, and when used in the context of a state or the union, the entire electricity system within the territories thereof 26 electricity trader means a person who has been granted a licence to undertake trading in electricity under section 12 27 franchisee means a persons authorised by a distribution licensee to distribute electricity on its behalf in a particular area within his area of supply 28 generating company means any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person, which owns or operates or maintains a generating station 29 generate means to produce electricity from a generating station for the purpose of giving supply to any premises or enabling a supply to be so given 30 generating station or station means any station for generating electricity, including any building and plant with stepup transformer, switchgear, switch yard, cables or other appurtenant equipment, if any, used for that purpose and the site thereof a site intended to be used for a generating station, and any building used for housing the operating staff of a generating station, and where electricity is generated by waterpower, includes penstocks, head and tail works, main and regulating reservoirs, dams and other hydraulic works, but does not in any case include any substation 31 government company shall have the meaning assigned to it in section 617 of the companies act, 1 of 32 grid means the high voltage backbone system of interconnected transmission lines, substation and generating plants 33 grid code means the grid code specified by the central commission under clause h of subsection 1 of section 79 34 grid standards means the grid standards specified under clause d of section 73 by the authority 35 high voltage line means an electric line or cable of a nominal voltage as may be specified by the authority from time to time 36 interstate transmission system includes i any system for the conveyance of electricity by means of main transmission line from the territory of one state to another state ii the conveyance of electricity across the territory of an intervening state as well as conveyance within the state which is incidental to such interstate transmission of electricity iii the transmission of electricity within the territory of a state on a system built, owned, operated, maintained or controlled by a central transmission utility 37 intrastate transmission system means any system for transmission of electricity other than an interstate transmission system 38 licence means a licence granted under section 14 39 licensee means a person who has been granted a licence under section 14 40 line means any wire, cable, tube, pipe, insulator, conductor or other similar thing including its casing or coating which is designed or adapted for use in carrying electricity and includes any line which surrounds or supports, or is surrounded or supported by or is installed in close proximity to, or is supported, carried or suspended in association with, any such line 41 local authority means any nagar panchayat, municipal council, municipal corporation, panchayat constituted at the village, intermediate and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the union or any state government with, the control or management of any area or local fund 42 main means any electric supplyline through which electricity is, or is intended to be, supplied 43 member means the member of the appropriate commission or authority or joint commission, or the appellate tribunal, as the case may be, and includes the chairperson of such commission or authority or appellate tribunal 44 national electricity plan means the national electricity plan notified under subsection 4 of section 3 45 national load despatch centre means the centre established under subsection 1 of section 26 46 notification means notification published in the official gazette and the expression notify shall be construed accordingly 47 open access means the nondiscriminatory provision for the use of transmission lines or distribution system or associated facilities with such lines or system by any licensee or consumer or a person engaged in generation in accordance with the regulations specified by the appropriate commission 48 overhead line means an electric line which is placed above the ground and in the open air but does not include live rails of a traction system 49 person shall include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person 50 power system means all aspects of generation, transmission, distribution and supply of electricity and includes one or more of the following, namely: a generating stations b transmission or main transmission lines c substations d tielines e load despatch activities f mains or distribution mains g electric supplylines h overhead lines i service lines j works 51 premises includes any land, building or structure 52 prescribed means prescribed by rules made by the appropriate government under this act 53 public lamp means an electric lamp used for the lighting of any street 54 real time operation means action to be taken at a given time at which information about the electricity system is made available to the concerned load despatch centre 55 regional power committee means a committee established by resolution by the central government for a specified region for facilitating the integrated operation of the power systems in that region 56 regional load despatch centre means the centre established under subsection 1 of section 27 57 regulations means regulations made under this act 58 repealed laws means the indian electricity act, 9 of , the electricity supply act, 54 of and the electricity regulatory commissions act, 14 of repealed by section 185 59 rules means rules made under this act 60 schedule means the schedule to this act 61 serviceline means any electric supplyline through which electricity is, or is intended to be, supplied a to a single consumer either from a distributing main or immediately from the distribution licensees premises or b from a distributing main to a group of consumers on the same premises or on contiguous premises supplied from the same point of the distributing main 62 specified means specified by regulations made by the appropriate commission or the authority, as the case may be, under this act 63 stand alone system means the electricity system setup to generate power and distribute electricity in a specified area without connection to the grid 64 state commission means the state electricity regulatory commission constituted under subsection 1 of section 82 and includes a joint commission constituted under subsection 1 of section 83 65 state grid code means the state grid code specified under clause h of subsection 1 of section 86 66 state load despatch centre means the centre established under subsection 1 of section 31 67 state transmission utility means the board or the government company specified as such by the state government under subsection 1 of section 39 68 street includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge or causeway 69 substation means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers converters, switchgears, capacitors, synchronous condensers, structures, cable and other appurtenant equipment and any buildings used for that purpose and the site thereof 70 supply, in relation to electricity, means the sale of electricity to a licensee or consumer 71 trading means purchase of electricity for resale thereof and the expression trade shall be construed accordingly 72 transmission lines means all high pressure cables and overhead lines not being an essential part of the distribution system of a licensee transmitting electricity from a generating station to another generating station or a substation, together with any stepup and stepdown transformers, switchgear and other works necessary to and used for the control of such cables or overhead lines, and such buildings or part thereof as may be required to accommodate such transformers, switchgear and other works 73 transmission licensee means a licensee authorised to establish or operate transmission lines 74 transmit means conveyance of electricity by means of transmission lines and the expression transmission shall be construed accordingly 75 utility means the electric lines or electrical plant, and includes all lands, buildings, works and materials attached thereto belonging to any person acting as a generating company or licensee under the provisions of this act 76 wheeling means the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under section 62 77 works includes electric line, and any building, plant, machinery, apparatus and any other thing of whatever description required to transmit, distribute or supply electricity to the public and to carry into effect the objects of a licence or sanction granted under this act or any other law for the time being in force.

section 3. of the electricity act : show related subordinates 1 the central government shall, from time to time, prepare the national electricity policy and tariff policy, in consultation with the state governments and the authority for development of the power system based on optimal utilisation of resources such as coal, natural gas, nuclear substances or materials, hydro and renewable sources of energy. 2 the central government shall publish national electricity policy and tariff policy from time to time. 3 the central government may, from time to time, in consultation with the state governments and the authority, review or revise, the national electricity policy and tariff policy referred to in subsection 1. 4 the authority shall prepare a national electricity plan in accordance with the national electricity policy and notify such plan once in five years: provided that the authority while preparing the national electricity plan shall publish the draft national electricity plan and invite suggestions and objections thereon from licensees, generating companies and the public within such time as may be prescribed: provided further that the authority shall a notify the plan after obtaining the approval of the central government b revise the plan incorporating therein the directions, if any, given by the central government while granting approval under clause a. 5 the authority may review or revise the national electricity plan in accordance with the national electricity policy.

section 7. of the electricity act : show related subordinates any generating company may establish, operate and maintain a generating station without obtaining a licence under this act if it complies with the technical standards relating to connectivity with the grid referred to in clause b of section 73.

section 4. of the electricity act : show related subordinates the central government shall, after consultation with the state governments, prepare and notify a national policy, permitting stand alone systems including those based on renewable sources of energy and other nonconventional sources of energy for rural areas.

section 10. of the electricity act : show related subordinates 1 subject to the provisions of this act, the duties of a generating company shall be to establish, operate and maintain generating stations, tielines, substations and dedicated transmission lines connected therewith in accordance with the provisions of this act or the rules or regulations made thereunder. 2 a generating company may supply electricity to any licensee in accordance with this act and the rules and regulations made thereunder and may, subject to the regulations made under subsection 2 of section 42, supply electricity to any consumer. 3 every generating company shall a submit technical details regarding its generating stations to the appropriate commission and the authority b coordinate with the central transmission utility or the state transmission utility, as the case may be, for transmission of the electricity generated by it.

section 5. of the electricity act : show related subordinates the central government shall also formulate a national policy, in consultation with the state governments and the state commissions, for rural electrification and for bulk purchase of power and management of local distribution in rural areas through panchayat institutions, users associations, cooperative societies, nongovernmental organisations or franchisees.

section 6. of the electricity act : show related subordinates 1 6. joint responsibility of state government and central government in rural electrification.the concerned state government and the central government shall jointly endeavour to provide access to electricity to all areas including villages and hamlets through rural electricity infrastructure and electrification of households. 1. subs. by act 26 of , s. 2, for section 6 w.e.f. .

section 13. of the electricity act : show related subordinates the appropriate commission may, on the recommendations of the appropriate government, in accordance with the national policy formulated under section 5 and in the public interest, direct, by notification that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, the provisions of section 12 shall not apply to any local authority, panchayat institution, users association, cooperative societies, nongovernmental organisations, or franchisees.

section 9. of the electricity act : show related subordinates 1 notwithstanding anything contained in this act, a person may construct, maintain or operate a captive generating plant and dedicated transmission lines: provided that the supply of electricity from the captive generating plant through the grid shall be regulated in the same manner as the generating station of a generating company: 1 provided further that no licence shall be required under this act for supply of electricity generated from a captive generating plant to any licensee in accordance with the provisions of this act and the rules and regulations made thereunder and to any consumer subject to the regulations made under subsection 2 of section 42. 2 every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying electricity from his captive generating plant to the destination of his use: provided that such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the central transmission utility or the state transmission utility, as the case may be: provided further that any dispute regarding the availability of transmission facility shall be adjudicated upon by the appropriate commission. 1. ins. by act 26 of , s. 3 w.e.f. .

section 11. of the electricity act : show related subordinates the appropriate government may specify that a generating company shall, in extraordinary circumstances operate and maintain any generating station in accordance with the directions of that government. explanation.for the purposes of this section, the expression extraordinary circumstances means circumstances arising out of threat to security of the state, public order or a natural calamity or such other circumstances arising in the public interest. 2 the appropriate commission may offset the adverse financial impact of the directions referred to in subsection 1 on any generating company in such manner as it considers appropriate.

section 12., electricity. of the electricity act : show related subordinates no person shall a transmit electricity or b distribute electricity or c undertake trading in electricity, unless he is authorised to do so by a licence issued under section 14, or is exempt under section 13.

section 14. of the electricity act : show related subordinates the appropriate commission may, on an application made to it under section 15, grant a licence to any person a to transmit electricity as a transmission licensee or b to distribute electricity as a distribution licensee or c to undertake trading in electricity as an electricity trader, in any area as may be specified in the licence: provided that any person engaged in the business of transmission or supply of electricity under the provisions of the repealed laws or any act specified in the schedule on or before the appointed date shall be deemed to be a licensee under this act for such period as may be stipulated in the licence, clearance or approval granted to him under the repealed laws or such act specified in the schedule, and the provisions of the repealed laws or such act specified in the schedule in respect of such licence shall apply for a period of one year from the date of commencement of this act or such earlier period as may be specified, at the request of the licensee, by the appropriate commission and thereafter the provisions of this act shall apply to such business: provided further that the central transmission utility or the state transmission utility shall be deemed to be a transmission licensee under this act: provided also that in case an appropriate government transmits electricity or distributes electricity or undertakes trading in electricity, whether before or after the commencement of this act, such government shall be deemed to be a licensee under this act, but shall not be required to obtain a licence under this act: provided also that the damodar valley corporation, established under subsection 1 of section 3 of the damodar valley corporation act, 14 of , shall be deemed to be a licensee under this act but shall not be required to obtain a licence under this act and the provisions of the damodar valleycorporation act, 14 of , in so far as they are not inconsistent with the provisions of this act, shall continue to apply to that corporation: provided also that the government company or the company referred to in subsection 2 of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area shall, without prejudice to the other conditions or requirements under this act, comply with the additional requirements1 relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the central government, and no such applicant, who complies with all the requirements for grant of licence, shall be refused grant of licence on the ground that there already exists a licensee in the same area for the same purpose: provided also that in a case where a distribution licensee proposes to undertake distribution of electricity for a specified area within his area of supply through another person, that person shall not be required to obtain any separate licence from the concerned state commission and such distribution. licensee shall be responsible for distribution of electricity in his area of supply: provided also that where a person intends to generate and distribute electricity in a rural area to be notified by the state government, such person shall not require any licence for such generation and distribution of electricity, but he shall comply with the measures which may be specified by the authority under section 53: provided also that a distribution licensee shall not require a licence to undertake trading in electricity. 1. subs. by act 57 of , s. 2, for including the capital adequacy, creditworthiness, or code of conduct w.e.f. .

section 15. of the electricity act : show related subordinates 1 every application under section 14 shall be made in such form and in such manner as may be specified by the appropriate commission and shall be accompanied by such fee as may be prescribed. 2 any person who has made an application for grant of licence shall, within seven days after making such application, publish a notice of his application with such particulars and in such manner as may be specified and a licence shall not be granted i until the objections, if any, received by the appropriate commission in response to publication of the application have been considered by it: provided that no objection shall be so considered unless it is received before the expiration of thirty days from the date of the publication of the notice as aforesaid ii until, in the case of an application for a licence for an area including the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the government for defence purposes, the appropriate commission has ascertained that there is no objection to the grant of the licence on the part of the central government. 3 a person intending to act as a transmission licensee shall, immediately on making the application, forward a copy of such application to the central transmission utility or the state transmission utility, as the case may be. 4 the central transmission utility or the state transmission utility, as the case may be, shall, within thirty days after the receipt of the copy of the application referred to in subsection 3, send its recommendations, if any, to the appropriate commission: provided that such recommendations shall not be binding on the commission. 5 before granting a licence under section 14, the appropriate commission shall a publish a notice in two such daily newspapers, as that commission may consider necessary, stating the name and address of the person to whom it proposes to issue the licence b consider all suggestions or objections and the recommendations, if any, of the central transmission utility or state transmission utility, as the case may be. 6 where a person makes an application under subsection 1 of section 14 to act as a licensee, the appropriate commission shall, as far as practicable, within ninety days after receipt of such application, a issue a licence subject to the provisions of this act and the rules and regulations made thereunder or b reject the application for reasons to be recorded in writing if such application does not conform to the provisions of this act or the rules and regulations made thereunder or the provisions of any other law for the time being in force: provided that no application shall be rejected unless the applicant has been given an opportunity of being heard. 7 the appropriate commission shall, immediately after issue of a licence, forward a copy of the licence to the appropriate government, authority, local authority, and to such other person as the appropriate commission considers necessary. 8 a licence shall continue to be in force for a period of twentyfive years unless such licence is revoked.

section 16. of the electricity act : show related subordinates the appropriate commission may specify any general or specific conditions which shall apply either to a licensee or class of licensees and such conditions shall be deemed to be conditions of such licence: provided that the appropriate commission shall, within one year from the appointed date, specify any general or specific conditions of licence applicable to the licensees referred to in the first, second, third, fourth and fifth provisos to section 14 after the expiry of one year from the commencement of this act.

section 17. of the electricity act : 1 no licensee shall, without prior approval of the appropriate commission, a undertake any transaction to acquire by purchase or takeover or otherwise, the utility of any other licensee or b merge his utility with the utility of any other licensee: provided that nothing contained in this subsection shall apply if the utility of the licensee is situate in a state other than the state in which the utility referred to in clause a or clause b is situate. 2 every licensee shall, before obtaining the approval under subsection 1, give not less than one months notice to every other licensee who transmits or distributes, electricity in the area of such licensee who applies for such approval. 3 no licensee shall at any time assign his licence or transfer his utility, or any part thereof, by sale, lease, exchange or otherwise without the prior approval of the appropriate commission. 4 any agreement, relating to any transaction specified in subsection 1 or subsection 3, unless made with the prior approval of the appropriate commission, shall be void.

section 18. of the electricity act : 1 where in its opinion the public interest so permits, the appropriate commission, may, on the application of the licensee or otherwise, make such alterations and amendments in the terms and conditions of his licence as it thinks fit: provided that no such alterations or amendments shall be made except with the consent of the licensee unless such consent has, in the opinion of the appropriate commission, been unreasonably withheld. 2 before any alterations or amendments in the licence are made under this section, the following provisions shall have effect, namely: a where the licensee has made an application under subsection 1 proposing any alteration or modifications in his licence, the licensee shall publish a notice of such application with such particulars and in such manner as may be specified b in the case of an application proposing alterations or modifications in the area of supply comprising the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or any building or place in the occupation of the government for defence purposes, the appropriate commission shall not make any alterations or modifications except with the consent of the central government c where any alterations or modifications in a licence are proposed to be made otherwise than on the application of the licensee, the appropriate commission shall publish the proposed alterations or modifications with such particulars and in such manner as may be specified d the appropriate commission shall not make any alterations or modifications unless all suggestions or objections received within thirty days from the date of the first publication of the notice have been considered.

section 19. of the electricity act : show related subordinates 1 if the appropriate commission, after making an enquiry, is satisfied that public interest so requires, it may revoke a licence in any of the following cases, namely: a where the licensee, in the opinion of the appropriate commission, makes wilful and prolonged default in doing anything required of him by or under this act or the rules or regulations made thereunder b where the licensee breaks any of the terms or conditions of his licence the breach of which is expressly declared by such licence to render it liable to revocation c where the licensee fails, within the period fixed in this behalf by his licence, or any longer period which the appropriate commission may have granted therefor i to show, to the satisfaction of the appropriate commission, that he is in a position fully and efficiently to discharge the duties and obligations imposed on him by his licence or ii to make the deposit or furnish the security, or pay the fees or other charges required by his licence d where in the opinion of the appropriate commission the financial position of the licensee is such that he is unable fully and efficiently to discharge the duties and obligations imposed on him by his licence. 2 where in its opinion the public interest so requires, the appropriate commission may, on application, or with the consent of the licensee, revoke his licence as to the whole or any part of his area of distribution or transmission or trading upon such terms and conditions as it thinks fit. 3 no licence shall be revoked under subsection 1 unless the appropriate commission has given to the licensee not less than three months notice, in writing, stating the grounds on which it is proposed to revoke the licence, and has considered any cause shown by the licensee within the period of that notice, against the proposed revocation. 4 the appropriate commission may, instead of revoking a licence under subsection 1, permit it to remain in force subject to such further terms and conditions as it thinks fit to impose, and any further terms and conditions so imposed shall be binding upon and be observed by the licensee and shall be of like force and effect as if they were contained in the licence. 5 where the commission revokes a licence under this section, it shall serve a notice of revocation upon the licensee and fix a date on which the revocation shall take effect. 6 where the appropriate commission has given notice for revocation of licence under subsection 5, without prejudice to any penalty which may be imposed or prosecution proceeding which may be initiated under this act, the licensee may, after prior approval of that commission, sell his utility to any person who is found eligible by that commission for grant of licence.

section 20. of the electricity act : show related subordinates 1 where the appropriate commission revokes under section 19 the licence of any licensee, the following provisions shall apply, namely: a the appropriate commission shall invite applications for acquiring the utility of the licensee whose licence has been revoked and determine which of such applications should be accepted, primarily on the basis of the highest and best price offered for the utility b the appropriate commission may, by notice in writing, require the licensee to sell his utility and thereupon the licensee shall sell his utility to the person hereafter in this section referred to as the purchaser whose application has been accepted by that commission c all the rights, duties, obligations and liabilities of the licensee, on and from the date of revocation of licence or on and from the date, if earlier, on which the utility of the licensee is sold to a purchaser, shall absolutely cease except for any liabilities which have accrued prior to that date d the appropriate commission may make such interim arrangements in regard to the operation of the utility as may be considered appropriate including the appointment of administrators e the administrator appointed under clause d shall exercise such powers and discharge such functions as the appropriate commission may direct. 2 where a utility is sold under subsection 1, the purchaser shall pay to the licensee the purchase price of the utility in such manner as may be agreed upon. 3 where the appropriate commission issues any notice under subsection 1 requiring the licensee to sell the utility, it may, by such notice, require the licensee to deliver the utility, and thereupon the licensee shall deliver on a date specified in the notice, the utility to the designated purchaser on payment of the purchase price thereof. 4 where the licensee has delivered the utility referred to in subsection 3 to the purchaser but its sale has not been completed by the date fixed in the notice issued under that subsection, the appropriate commission may, if it deems fit, permit the intending purchaser to operate and maintain the utility system pending the completion of the sale.

section 21. of the electricity act : show related subordinates where a utility is sold under section 20 or section 24, then, upon completion of the sale or on the date on which the utility is delivered to the intending purchaser, as the case may be, whichever is earlier a the utility shall vest in the purchaser or the intending purchaser, as the case may be, free from any debt, mortgage or similar obligation of the licensee or attaching to the utility: provided that any such debt, mortgage or similar obligation shall attach to the purchase money in substitution for the utility and b the rights, powers, authorities, duties and obligations of the licensee under his licence shall stand transferred to the purchaser and such purchaser shall be deemed to be the licensee.

section 24. of the electricity act : show related subordinates 1 if at any time the appropriate commission is of the opinion that a distribution licensee a has persistently failed to maintain uninterrupted supply of electricity conforming to standards regarding quality of electricity to the consumers or b is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act or c has persistently defaulted in complying with any direction given by the appropriate commission under this act or d has broken the terms and conditions of licence, and circumstances exist which render it necessary for it in public interest so to do, the appropriate commission may, for reasons to be recorded in writing, suspend, for a period not exceeding one year, the licence of the distribution licensee and appoint an administrator to discharge the functions of the distribution licensee in accordance with the terms and conditions of the licence: provided that before suspending a licence under this section, the appropriate commission shall give a reasonable opportunity to the distribution licensee to make representations against the proposed suspension of license and shall consider the representations, if any, of the distribution licensee. 2 upon suspension of licence under subsection 1 the utilities of the distribution licensee shall vest in the administrator for a period not exceeding one year or up to the date on which such utility is sold in accordance with the provisions contained in section 20, whichever is later. 3 the appropriate commission shall, within one year of appointment of the administrator under subsection 1 either revoke the licence in accordance with the provisions contained in section 19 or revoke suspension of the licence and restore the utility to the distribution licensee whose licence had been suspended, as the case may be. 4 in a case where the appropriate commission revokes the licence under subsection 3, the utility of the distribution licensee shall be sold within a period of one year from the date of revocation of the licence in accordance with the provisions of section 20 and the price after deducting the administrative and other expenses on sale of utilities be remitted to the distribution licensee.

section 22. of the electricity act : show related subordinates 1 if the utility is not sold in the manner provided under section 20 or section 24, the appropriate commission may, to protect the interest of consumers or in the public interest, issue such directions or formulate such scheme as it may deem necessary for operation of the utility. 2 where no directions are issued or scheme is formulated by the appropriate commission under subsection 1, the licensee referred to in section 20 or section 24 may dispose of the utility in such manner as it may deem fit: provided that, if the licensee does not dispose of the utility, within a period of six months from the date of revocation, under section 20 or section 24, the appropriate commission may cause the works of the licensee in, under, over, along, or across any street or public land to be removed and every such street or public land to be reinstated, and recover the cost of such removal and reinstatement from the licensee.

section 23. of the electricity act : show related subordinates if the appropriate commission is of the opinion that it is necessary or expedient so to do for maintaining the efficient supply, securing the equitable distribution of electricity and promoting competition, it may, by order, provide for regulating supply, distribution, consumption or use thereof.

section 27. of the electricity act : show related subordinates 1 the central government shall establish a centre for each region to be known as the regional load despatch centre having territorial jurisdiction as determined by the central government in accordance with section 25 for the purposes of exercising the powers and discharging the functions under this part. 2 the regional load despatch centre shall be operated by a government company or any authority or corporation established or constituted by or under any central act, as may be notified by the central government: provided that until a government company or authority or corporation referred to in this subsection is notified by the central government, the central transmission utility shall operate the regional load despatch centre: provided further that no regional load despatch centre shall engage in the business of generation of electricity or trading in electricity.

section 25. of the electricity act : for the purposes of this part, the central government may, make regionwise demarcation of the country, and, from time to time, make such modifications therein as it may consider necessary for the efficient, economical and integrated transmission and supply of electricity, and in particular to facilitate voluntary interconnections and coordination of facilities for the interstate, regional and interregional generation and transmission of electricity.

section 26. of the electricity act : show related subordinates 1 the central government may establish a centre at the national level, to be known as the national load despatch centre for optimum scheduling and despatch of electricity among the regional load despatch centres. 2 the constitution and functions of the national load despatch centre shall be such as may be prescribed by the central government: provided that the national load despatch centre shall not engage in the business of trading in electricity. 3 the national load despatch centre shall be operated by a government company or any authority or corporation established or constituted by or under any central act, as may be notified by the central government.

section 35. of the electricity act : the appropriate commission may, on an application by any licensee, by order require any other licensee owning or operating intervening transmission facilities to provide the use of such facilities to the extent of surplus capacity available with such licensee: provided that any dispute, regarding the extent of surplus capacity available with the licensee, shall be adjudicated upon by the appropriate commission.

section 30. of the electricity act : show related subordinates the state commission shall facilitate and promote transmission, wheeling and interconnection arrangements within its territorial jurisdiction for the transmission and supply of electricity by economical and efficient utilisation of the electricity. rules yeardescriptionfiles qualifications, powers and functions of chief electrical inspector and electrical inspectors amendment rules,

section 29. of the electricity act : show related subordinates 1 the regional load despatch centre may give such directions and exercise such supervision and control as may be required for ensuring stability of grid operations and for achieving the maximum economy and efficiency in the operation of the power system in the region under its control. 2 every licensee, generating company, generating station, substation and any other person connected with the operation of the power system shall comply with the directions issued by the regional load despatch centres under subsection 1. 3 all directions issued by the regional load despatch centres to any transmission licensee of state transmission lines or any other licensee of the state or generating company other than those connected to interstate transmission system or substation in the state shall be issued through the state load despatch centre and the state load despatch centres shall ensure that such directions are duly complied with the licensee or generating company or substation. 4 the regional power committee in the region may, from time to time, agree on matters concerning the stability and smooth operation of the integrated grid and economy and efficiency in the operation of the power system in that region. 5 if any dispute arises with reference to the quality of electricity or safe, secure and integrated operation of the regional grid or in relation to any direction given under subsection 1, it shall be referred to the central commission for decision: provided that pending the decision of the central commission, the directions of the regional load despatch centre shall be complied with by the state load despatch centre or the licensee or the generating company, as the case may be. 6 if any licensee, generating company or any other person fails to comply with the directions issued under subsection 2 or subsection 3, he shall be liable to a penalty not exceeding rupees fifteen lacs.

section 31. of the electricity act : 1 the state government shall establish a centre to be known as the state load despatch centre for the purposes of exercising the powers and discharging the functions under this part. 2 the state load despatch centre shall be operated by a government company or any authority or corporation established or constituted by or under any state act, as may be notified by the state government: provided that until a government company or any authority or corporation is notified by the state government, the state transmission utility shall operate the state load despatch centre: provided further that no state load despatch centre shall engage in the business of trading in electricity.

section 32. of the electricity act : show related subordinates 1 the state load despatch centre shall be the apex body to ensure integrated operation of the power system in a state. 2 the state load despatch centre shall a be responsible for optimum scheduling and despatch of electricity within a state, in accordance with the contracts entered into with the licensees or the generating companies operating in that state b monitor grid operations c keep accounts of the quantity of electricity transmitted through the state grid d exercise supervision and control over the intrastate transmission system and e be responsible for carrying out real time operations for grid control and despatch of electricity within the state through secure and economic operation of the state grid in accordance with the grid standards and the state grid code. 3 the state load despatch centre may levy and collect such fee and charges from the generating companies and licensees engaged in intrastate transmission of electricity as may be specified by the state commission. rules notifications yeardescriptionfiles the electricity rules, yeardescriptionfiles jerc notification dated 11.02. jerc notification dated 07.08.

section 34. of the electricity act : every transmission licensee shall comply with such technical standards, of operation and maintenance of transmission lines, in accordance with the grid standards, as may be specified by the authority.

section 28. of the electricity act : show related subordinates 1 the regional load despatch centre shall be the apex body to ensure integrated operation of the power system in the concerned region. 2 the regional load despatch centre shall comply with such principles, guidelines and methodologies in respect of the wheeling and optimum scheduling and despatch of electricity as the central commission may specify in the grid code. 3 the regional load despatch centre shall a be responsible for optimum scheduling and despatch of electricity within the region, in accordance with the contracts entered into with the licensees or the generating companies operating in the region b monitor grid operations c keep accounts of quantity of electricity transmitted through the regional grid d exercise supervision and control over the interstate transmission system and e be responsible for carrying out real time operations for grid control and despatch of electricity within the region through secure and economic operation of the regional grid in accordance with the grid standards and the grid code. 4 the regional load despatch centre may levy and collect such fee and charges from the generating companies or licensees engaged in interstate transmission of electricity as may be specified by the central commission. rules yeardescriptionfiles the electricity rules,

section 33. of the electricity act : show related subordinates 1 the state load despatch centre in a state may give such directions and exercise such supervision and control as may be required for ensuring the integrated grid operations and for achieving the maximum economy and efficiency in the operation of power system in that state. 2 every licensee, generating company, generating station, substation and any other person connected with the operation of the power system shall comply with the directions issued by the state load depatch centre under subsection 1. 3 the state load despatch centre shall comply with the directions of the regional load despatch centre. 4 if any dispute arises with reference to the quality of electricity or safe, secure and integrated operation of the state grid or in relation to any direction given under subsection 1, it shall be referred to the state commission for decision: provided that pending the decision of the state commission, the directions of the state load despatch centre shall be complied with by the licensee or generating company. 5 if any licensee, generating company or any other person fails to comply with the directions issued under subsection 1, he shall be liable to a penalty not exceeding rupees five lacs. rules notifications yeardescriptionfiles the electricity rules, yeardescriptionfiles jerc notification dated 07.08.

section 36. of the electricity act : show related subordinates 1 every licensee shall, on an order made under section 35, provide his intervening transmission facilities at rates, charges and terms and conditions as may be mutually agreed upon: provided that the appropriate commission may specify rates, charges and terms and conditions if these cannot be mutually agreed upon by the licensees. 2 the rates, charges and terms and conditions referred to in subsection 1 shall be fair and reasonable, and may be allocated in proportion to the use of such facilities. explanation.for the purposes of sections 35 and 36, the expression intervening transmission facilities means the electric lines owned or operated by a licensee where such electric lines can be utilised for transmitting electricity for and on behalf of another licensee at his request and on payment of a tariff or charge.

section 43. of the electricity act : show related subordinates 1 1 save as otherwise provided in this act, every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply: provided that where such supply requires extension of distribution mains, or commissioning of new substations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the appropriate commission: provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the appropriate commission may extend the said period as it may consider necessary for electrification of such village or hamlet or area. 2 explanation.for the purposes of this subsection, application means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances. 2 it shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in subsection 1: provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the appropriate commission. 3 if a distribution licensee fails to supply the electricity within the period specified in subsection 1, he shall be liable to a penalty which may extend to one thousand rupees for each day of default. 1. subs. by act 26 of , s. 8, for every distribution w.e.f. 156 . 2. ins. by s. 8, ibid. w.e.f. .

section 38. of the electricity act : show related subordinates 1 the central government may notify any government company as the central transmission utility: provided that the central transmission utility shall not engage in the business of generation of electricity or trading in electricity: provided further that the central government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity of such central transmission utility, to a company or companies to be incorporated under the companies act, 1 of to function as a transmission licensee, through a transfer scheme to be effected in the manner specified under part xiii and such company or companies shall be deemed to be transmission licensees under this act. 2 the functions of the central transmission utility shall be a to undertake transmission of electricity through interstate transmission system b to discharge all functions of planning and coordination relating to interstate transmission system with i state transmission utilities ii central government iii state governments iv generating companies v regional power committees vi authority vii licensees viii any other person notified by the central government in this behalf c to ensure development of an efficient, coordinated and economical system of interstate transmission lines for smooth flow of electricity from generating stations to the load centres d to provide nondiscriminatory open access to its transmission system for use by i any licensee or generating company on payment of the transmission charges or ii any consumer as and when such open access is provided by the state commission under subsection 2 of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the central commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level crosssubsidy: provided further that such surcharge and cross subsidies shall be progressively reduced 1 in the manner as may be specified by the central commission: 2 provided also that the manner of payment and utilisation of the surcharge shall be specified by the central commission: provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. 1. the words and eliminated omitted by act 26 of , s. 4 w.e.f. . 2. the third proviso omitted by s. 4, ibid. w.e.f.

section 37. of the electricity act : show related subordinates the appropriate government may issue directions to the regional load despatch centres or state load despatch centres, as the case may be, to take such measures as may be necessary for maintaining smooth and stable transmission and supply of electricity to any region or state.

section 39. of the electricity act : show related subordinates 1 the state government may notify the board or a government company as the state transmission utility: provided that the state transmission utility shall not engage in the business of trading in electricity: provided further that the state government may transfer, and vest any property, interest in property, rights and liabilities connected with, and personnel involved in transmission of electricity, of such state transmission utility, to a company or companies to be incorporated under the companies act, 1 of to function as transmission licensee through a transfer scheme to be effected in the manner specified under part xiii and such company or companies shall be deemed to be transmission licensees under this act. 2 the functions of the state transmission utility shall be a to undertake transmission of electricity through intrastate transmission system b to discharge all functions of planning and coordination relating to intrastate transmission system with i central transmission utility ii state governments iii generating companies iv regional power committees v authority vi licensees vii any other person notified by the state government in this behalf c to ensure development of an efficient, coordinated and economical system of intrastate transmission lines for smooth flow of electricity from a generating station to the load centres d to provide nondiscriminatory open access to its transmission system for use by i any licensee or generating company on payment of the transmission charges or ii any consumer as and when such open access is provided by the state commission under subsection 2 of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level crosssubsidy: provided further that such surcharge and cross subsidies shall be progressively reduced 1 in the manner as may be specified by the state commission: 2 provided also that the manner of payment and utilisation of the surcharge shall be specified by the state commission: provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. 1. the words and eliminated omitted by act 26 of , s. 5 w.e.f. . 2. the third proviso omitted by s. 5, ibid. w.e.f. .

section 44. of the electricity act : show related subordinates nothing contained in section 43 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from so doing by cyclone, floods, storms or other occurrences beyond his control.

section 40. of the electricity act : show related subordinates it shall be the duty of a transmission licensee a to build, maintain and operate an efficient, coordinated and economical interstate transmission system or intrastate transmission system, as the case may be b to comply with the directions of the regional load despatch centre and the state load despatch centre, as the case may be c to provide nondiscriminatory open access to its transmission system for use by i any licensee or generating company on payment of the transmission charges or ii any consumer as and when such open access is provided by the state commission under subsection 2 of section 42, on payment of the transmission charges and a surcharge thereon, as may be specified by the state commission: provided that such surcharge shall be utilised for the purpose of meeting the requirement of current level crosssubsidy: provided further that such surcharge and cross subsidies shall be progressively reduced 1 in the manner as may be specified by the appropriate commission: 2 provided also that the manner of payment and utilisation of the surcharge shall be specified by the appropriate commission: provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use. 1. the words and eliminated omitted by s. 6, ibid. w.e.f. . 2. the third proviso omitted by act 26 of , s. 6 w.e.f.

section 41. of the electricity act : a transmission licensee may, with prior intimation to the appropriate commission, engage in any business for optimum utilisation of its assets: provided that a proportion of the revenues derived from such business shall, as may be specified by the appropriate commission, be utilised for reducing its charges for transmission and wheeling: provided further that the transmission licensee shall maintain separate accounts for each such business undertaking to ensure that transmission business neither subsidises in any way such business undertaking nor encumbers its transmission assets in any way to support such business: provided also that no transmission licensee shall enter into any contract or otherwise engage in the business of trading in electricity.

section 42. of the electricity act : show related subordinates 1 it shall be the duty of a distribution licensee to develop and maintain an efficient, coordinated and economical distribution system in his area of supply and to supply electricity in accordance with the provisions contained in this act. 2 the state commission shall introduce open access in such phases and subject to such conditions, including the cross subsidies, and other operational constraints as may be specified within one year of the appointed date by it and in specifying the extent of open access in successive phases and in determining the charges for wheeling, it shall have due regard to all relevant factors including such cross subsidies, and other operational constraints: provided that 1 such open access shall be allowed on payment of a surcharge in addition to the charges for wheeling as may be determined by the state commission: provided further that such surcharge shall be utilised to meet the requirements of current level of cross subsidy within the area of supply of the distribution licensee: provided also that such surcharge and cross subsidies shall be progressively reduced 2 in the manner as may be specified by the state commission: provided also that such surcharge shall not be leviable in case open access is provided to a person who has established a captive generating plant for carrying the electricity to the destination of his own use: 3 provided also that the state commission shall, not later than five years from the date of commencement of the electricity amendment act, , by regulations, provide such open access to all consumers who require a supply of electricity where the maximum power to be made available at any time exceeds one megawatt. 3 where any person, whose premises are situated within the area of supply of a distribution licensee, not being a local authority engaged in the business of distribution of electricity before the appointed date requires a supply of electricity from a generating company or any licensee other than such distribution licensee, such person may, by notice, require the distribution licensee for wheeling such electricity in accordance with regulations made by the state commission and the duties of the distribution licensee with respect to such supply shall be of a common carrier providing nondiscriminatory open access. 4 where the state commission permits a consumer or class of consumers to receive supply of electricity from a person other than the distribution licensee of his area of supply, such consumer shall be liable to pay an additional surcharge on the charges of wheeling, as may be specified by the state commission, to meet the fixed cost of such distribution licensee arising out of his obligation to supply. 5 every distribution licensee shall, within six months from the appointed date or date of grant of licence, whichever is earlier, establish a forum for redressal of grievances of the consumers in accordance with the guidelines as may be specified by the state commission. 6 any consumer, who is aggrieved by nonredressal of his grievances under subsection 5, may make a representation for the redressal of his grievance to an authority to be known as ombudsman to be appointed or designated by the state commission. 7 the ombudsman shall settle the grievance of the consumer within such time and in such manner as may be specified by the state commission. 8 the provisions of subsections 5, 6 and 7 shall be without prejudice to right which the consumer may have apart from the rights conferred upon him by those subsections. 1. subs. by s.7, ibid., for such open access may be allowed before the cross subsidies are eliminated on payment of a surcharge w.e.f. . 2. the words and eliminated omitted by s. 7, ibid. w.e.f. . 3. ins. by act 57 of , s. 3 w.e.f. .

section 45. of the electricity act : show related subordinates 1 subject to the provisions of this section, the prices to be charged by a distribution licensee for the supply of electricity by him in pursuance of section 43 shall be in accordance with such tariffs fixed from time to time and conditions of his licence. 2 the charges for electricity supplied by a distribution licensee shall be a fixed in accordance with the methods and the principles as may be specified by the concerned state commission b published in such manner so as to give adequate publicity for such charges and prices. 3 the charges for electricity supplied by a distribution licensee may include a a fixed charge in addition to the charge for the actual electricity supplied b a rent or other charges in respect of any electric meter or electrical plant provided by the distribution licensee. 4 subject to the provisions of section 62, in fixing charges under this section a distribution licensee shall not show undue preference to any person or class of persons or discrimination against any person or class of persons. 5 the charges fixed by the distribution licensee shall be in accordance with the provisions of this act and the regulations made in this behalf by the concerned state commission.

section 52. of the electricity act : 1 without prejudice to the provisions contained in clause c of section 12, the appropriate commission may, specify the technical requirement, capital adequacy requirement and creditworthiness for being an electricity trader. 2 every electricity trader shall discharge such duties, in relation to supply and trading in electricity, as may be specified by the appropriate commission.

section 46. of the electricity act : show related subordinates the state commission may, by regulations, authorise a distribution licensee to charge from a person requiring a supply of electricity in pursuance of section 43 any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply.

section 47. of the electricity act : show related subordinates 1 subject to the provisions of this section, a distribution licensee may require any person, who requires a supply of electricity in pursuance of section 43, to give him reasonable security, as may be determined by regulations, for the payment to him of all monies which may become due to him a in respect of the electricity supplied to such persons or b where any electric line or electrical plant or electric meter is to be provided for supplying electricity to such person, in respect of the provision of such line or plant or meter, and if that person fails to give such security, the distribution licensee may, if he thinks fit, refuse to give the supply of electricity or to provide the line or plant or meter for the period during which the failure continues. 2 where any person has not given such security as is mentioned in subsection 1 or the security given by any person has become invalid or insufficient, the distribution licensee may, by notice, require that person, within thirty days after the service of the notice, to give him reasonable security for the payment of all monies which may become due to him in respect of the supply of electricity or provision of such line or plant or meter. 3 if the person referred to in subsection 2 fails to give such security, the distribution licensee may, if he thinks fit, discontinue the supply of electricity for the period during which the failure continues. 4 the distribution licensee shall pay interest equivalent to the bank rate or more, as may be specified by the concerned state commission, on the security referred to in subsection 1 and refund such security on the request of the person who gave such security. 5 a distribution licensee shall not be entitled to require security in pursuance of clause a of subsection 1 if the person requiring the supply is prepared to take the supply through a prepayment meter.

section 48. of the electricity act : a distribution licensee may require any person who requires a supply of electricity in pursuance of section 43 to accept a any restrictions which may be imposed for the purpose of enabling the distribution licensee to comply with the regulations made under section 53 b any terms restricting any liability of the distribution licensee for economic loss resulting from negligence of the person to whom the electricity is supplied.

section 49. of the electricity act : where the appropriate commission has allowed open access to certain consumers under section 42, such consumers, notwithstanding the provisions contained in clause d of subsection 1 of section 62, may enter into an agreement with any person for supply or purchase of electricity on such terms and conditions including tariff as may be agreed upon by them.

section 50. of the electricity act : show related subordinates 1 50. the electricity supply code.the state commission shall specify an electricity supply code to provide for recovery of electricity charges, intervals for billing of electricity charges, disconnection of supply of electricity for nonpayment thereof, restoration of supply of electricity, measures for preventing tampering, distress or damage to electrical plant or electrical line or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plants or meter and such other matters. 1. subs. by act 26 of , s. 9, for section 50 w.e.f. .

section 51. of the electricity act : show related subordinates a distribution licensee may, with prior intimation to the appropriate commission, engage in any other business for optimum utilisation of its assets: provided that a proportion of the revenues derived from such business shall, as may be specified by the concerned state commission, be utilised for reducing its charges for wheeling: provided further that the distribution licensee shall maintain separate accounts for each such business undertaking to ensure that distribution business neither subsidises in any way such business undertaking nor encumbers its distribution assets in any way to support such business: provided also that nothing contained in this section shall apply to a local authority engaged, before the commencement of this act, in the business of distribution of electricity.

section 57. of the electricity act : show related subordinates 1 the appropriate commission may, after consultation with the licensees and persons likely to be affected, specify standards of performance of a licensee or a class of licensees. 2 if a licensee fails to meet the standards specified under subsection 1, without prejudice to any penalty which may be imposed or prosecution be initiated, he shall be liable to pay such compensation to the person affected as may be determined by the appropriate commission: provided that before determination of compensation, the concerned licensee shall be given a reasonable opportunity of being heard. 3 the compensation determined under subsection 2 shall be paid by the concerned licensee within ninety days of such determination.

section 53. of the electricity act : show related subordinates the authority may, in consultation with the state government, specify suitable measures for a protecting the public including the persons engaged in the generation, transmission or distribution or trading from dangers arising from the generation, transmission or distribution or trading of electricity, or use of electricity supplied or installation, maintenance or use of any electric line or electrical plant b eliminating or reducing the risks of personal injury to any person, or damage to property of any person or interference with use of such property c prohibiting the supply or transmission of electricity except by means of a system which conforms to the specifications as may be specified d giving notice in the specified form to the appropriate commission and the electrical inspector, of accidents and failures of supplies or transmissions of electricity e keeping by a generating company or licensee the maps, plans and sections relating to supply or transmission of electricity f inspection of maps, plans and sections by any person authorised by it or by electrical inspector or by any person on payment of specified fee g specifying action to be taken in relation to any electric line or electrical plant, or any electrical appliance under the control of a consumer for the purpose of eliminating or reducing the risk of personal injury or damage to property or interference with its use. state amendment karnataka insertion of sections 53a.in the electricity act, central act 36 of herein after referred to as principal act, after section 53, the following shall be inserted, namely: 53a. powers of state government relating to safety and electricity supply.where central government or the authority has made no provision relating to following safety measures and electricity supply the state government may by rules provide for, a terms and conditions and manner of inspection by the chief electrical inspector and electrical inspectors b manner of issue of licence to electrical contractors, permits to supervisors and wiremen and competency certificates c manner of scrutiny and approval of electrical installation drawings, d levy of fee for the inspection or other services rendered by the chief electrical inspector or the electrical inspectors and e the rate and manner of collection of fee. if not remitted within the stipulated time, to recover the same as an arrears of land revenue. vide karnataka act 39 of , s. 2

section 58. of the electricity act : show related subordinates the appropriate commission may specify different standards under subsection 1 of section 57 for a class or classes of licensees.

section 54. of the electricity act : show related subordinates 1 save as otherwise exempted under this act, no person other than the central transmission utility or a state transmission utility, or a licensee shall transmit or use electricity at a rate exceeding two hundred and fifty watts and one hundred volts a in any street, or b in any place, i in which one hundred or more persons are ordinarily likely to be assembled or ii which is a factory within the meaning of the factories act, 63 of or a mine within the meaning of the mines act, 35 of or iii to which the state government, by general or special order, declares the provisions of this subsection to apply, without giving, before the commencement of transmission or use of electricity, not less than seven days notice in writing of his intention to the electrical inspector and to the district magistrate or the commissioner of police, as the case may be, containing particulars of the electrical installation and plant, if any, the nature and the purpose of supply and complying with such of the provisions of part xvii of this act, as may be applicable: provided that nothing in this section shall apply to electricity used for the public carriage of passengers, animals or goods, on, or for the lighting or ventilation of the rolling stock of any railway or tramway subject to the provisions of the railways act, 24 of . 2 where any difference or dispute arises as to whether a place is or is not one in which one hundred or more persons are ordinarily likely to be assembled, the matter shall be referred to the state government, and the decision of the state government thereon shall be final. 3 the provisions of this section shall be binding on the government.

section 55., of meters. of the electricity act : show related subordinates 1 no licensee shall supply electricity, after the expiry of two years from the appointed date, except through installation of a correct meter in accordance with the regulations to be made in this behalf by the authority: provided that the licensee may require the consumer to give him security for the price of a meter and enter into an agreement for the hire thereof, unless the consumer elects to purchase a meter: provided further that the state commission may, by notification, extend the said period of two years for a class or classes of persons or for such area as may be specified in that notification. 2 for proper accounting and audit in the generation, transmission and distribution or trading of electricity, the authority may direct the installation of meters by a generating company or licensee at such stages of generation, transmission or distribution or trading of electricity and at such locations of generation, transmission or distribution or trading , as it may deem necessary. 3 if a person makes default in complying with the provisions contained in this section or the regulations made under subsection 1, the appropriate commission may make such order as it thinks fit for requiring the default to be made good by the generating company or licensee or by any officers of a company or other association or any other person who is responsible for its default.

section 56. of the electricity act : show related subordinates 1 where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen clear days notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer: provided that the supply of electricity shall not be cut off if such person deposits, under protest, a an amount equal to the sum claimed from him, or b the electricity charges due from him for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the licensee. 2 notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity. notifications yeardescriptionfiles jerc notification dated 20.05. jerc notification dated 26.11.

section 59. of the electricity act : show related subordinates 1 every licensee shall, within the period specified by the appropriate commission, furnish to the commission the following information, namely: a the level of performance achieved under subsection 1 of the section 57 b the number of cases in which compensation was made under subsection 2 of section 57 and the aggregate amount of the compensation. 2 the appropriate commission shall at least once in every year arrange for the publication, in such form and manner as it considers appropriate, of such of the information furnished to it under subsection 1.

section 60. of the electricity act : the appropriate commission may issue such directions as it considers appropriate to a licensee or a generating company if such licensee or generating company enters into any agreement or abuses its dominant position or enters into a combination which is likely to cause or causes an adverse effect on competition in electricity industry.

section 61. of the electricity act : show related subordinates the appropriate commission shall, subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely: a the principles and methodologies specified by the central commission for determination of the tariff applicable to generating companies and transmission licensees b the generation, transmission, distribution and supply of electricity are conducted on commercial principles c the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments d safeguarding of consumers interest and at the same time, recovery of the cost of electricity in a reasonable manner e the principles rewarding efficiency in performance f multi year tariff principles 1 g that the tariff progressively reflects the cost of supply of electricity and also, reduces crosssubsidies in the manner specified by the appropriate commission h the promotion of cogeneration and generation of electricity from renewable sources of energy i the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity supply act, 54 of , the electricity regulatory commission act, 14 of and the enactments specified in the schedule as they stood immediately before the appointed date, shall continue to apply for a period of one year or until the terms and conditions for tariff are specified under this section, whichever is earlier. 1. subs. by act 26 of , s. 10, for clause g w.e.f. .

section 67. of the electricity act : show related subordinates 1 a licensee may, from time to time but subject always to the terms and conditions of his licence, within his area of supply or transmission or when permitted by the terms of his licence to lay down or place electric supply lines without the area of supply, without that area carry out works such as a to open and break up the soil and pavement of any street, railway or tramway b to open and break up any sewer, drain or tunnel in or under any street, railway or tramway c to alter the position of any line or works or pipes, other than a main sewer pipe d to lay down and place electric lines, electrical plant and other works e to repair, alter or remove the same f to do all other acts necessary for transmission or supply of electricity. 2 the appropriate government may, by rules made by it in this behalf, specify, a the cases and circumstances in which the consent in writing of the appropriate government, local authority, owner or occupier, as the case may be, shall be required for carrying out works b the authority which may grant permission in the circumstances where the owner or occupier objects to the carrying out of works c the nature and period of notice to be given by the licensee before carrying out works d the procedure and manner of consideration of objections and suggestion received in accordance with the notice referred to in clause c e the determination and payment of compensation or rent to the persons affected by works under this section f the repairs and works to be carried out when emergency exists g the right of the owner or occupier to carry out certain works under this section and the payment of expenses therefor h the procedure for carrying out other works near sewers, pipes or other electric lines or works i the procedure for alteration of the position of pipes, electric lines, electrical plant, telegraph lines, sewer lines, tunnels, drains, etc. j the procedure for fencing, guarding, lighting and other safety measures relating to works on streets, railways, tramways, sewers, drains or tunnels and immediate reinstatement thereof k the avoidance of public nuisance, environmental damage and unnecessary damage to the public and private property by such works l the procedure for undertaking works which are not reparable by the appropriate government, licensee or local authority m the manner of deposit of amount required for restoration of any railways, tramways, waterways, etc. n the manner of restoration of property affected by such works and maintenance thereof o the procedure for deposit of compensation payable by the licensee and furnishing of security and p such other matters as are incidental or consequential to the construction and maintenance of works under this section. 3 a licensee shall, in exercise of any of the powers conferred by or under this section and the rules made thereunder, cause as little damage, detriment and inconvenience as may be, and shall make full compensation for any damage, detriment or inconvenience caused by him or by any one employed by him. 4 where any difference or dispute including amount of compensation under subsection 3 arises under this section, the matter shall be determined by the appropriate commission. 5 the appropriate commission, while determining any difference or dispute arising under this section in addition to any compensation under subsection 3, may impose a penalty not exceeding the amount of compensation payable under that subsection.

section 62. of the electricity act : 1 the appropriate commission shall determine the tariff in accordance with the provisions of this act for a supply of electricity by a generating company to a distribution licensee: provided that the appropriate commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or purchase of electricity in pursuance of an agreement, entered into between a generating company and a licensee or between licensees, for a period not exceeding one year to ensure reasonable prices of electricity b transmission of electricity c wheeling of electricity d retail sale of electricity: provided that in case of distribution of electricity in the same area by two or more distribution licensees, the appropriate commission may, for promoting competition among distribution licensees, fix only maximum ceiling of tariff for retail sale of electricity. 2 the appropriate commission may require a licensee or a generating company to furnish separate details, as may be specified in respect of generation, transmission and distribution for determination of tariff. 3 the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumers load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the supply is required or the geographical position of any area, the nature of supply and the purpose for which the supply is required. 4 no tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year, except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may be specified. 5 the commission may require a licensee or a generating company to comply with such procedures as may be specified for calculating the expected revenues from the tariff and charges which he or it is permitted to recover. 6 if any licensee or a generating company recovers a price or charge exceeding the tariff determined under this section, the excess amount shall be recoverable by the person who has paid such price or charge along with interest equivalent to the bank rate without prejudice to any other liability incurred by the licensee.

section 68. of the electricity act : 1 an overhead line shall, with prior approval of the appropriate government, be installed or kept installed above ground in accordance with the provisions of subsection 2. 2 the provisions contained in subsection 1 shall not apply a in relation to an electric line which has a nominal voltage not exceeding 11 kilovolts and is used or intended to be used for supplying to a single consumer b in relation to so much of an electric line as is or will be within premises in the occupation or control of the person responsible for its installation or c in such other cases, as may be prescribed. 3 the appropriate government shall, while granting approval under subsection 1, impose such conditions including conditions as to the ownership and operation of the line as appear to it to be necessary. 4 the appropriate government may vary or revoke the approval at any time after the end of such period as may be stipulated in the approval granted by it. 5 where any tree standing or lying near an overhead line or where any structure or other object which has been placed or has fallen near an overhead line subsequent to the placing of such line, interrupts or interferes with, or is likely to interrupt or interfere with, the conveyance or transmission of electricity or the accessibility of any works, an executive magistrate or authority specified by the appropriate government may, on the application of the licensee, cause the tree, structure or object to be removed or otherwise dealt with as he or it thinks fit. 6 when disposing of an application under subsection 5, an executive magistrate or authority specified under that subsection shall, in the case of any tree in existence before the placing of the overhead line, award to the person interested in the tree such compensation as he thinks reasonable, and such person may recover the same from the licensee. explanation.for the purposes of this section, the expression tree shall be deemed to include any shrub, hedge, jungle growth or other plant.

section 63. of the electricity act : notwithstanding anything contained in section 62, the appropriate commission shall adopt the tariff if such tariff has been determined through transparent process of bidding in accordance with the guidelines issued by the central government.

section 69. of the electricity act : 1 a licensee shall, before laying down or placing, within ten meters of any telegraph line, electric line, electrical plant or other works, not being either service lines, or electric lines or electrical plant, for the repair, renewal or amendment of existing works of which the character or position is not to be altered, a submit a proposal in case of a new installation to an authority to be designated by the central government and such authority shall take a decision on the proposal within thirty days b give not less than ten days notice in writing to the telegraph authority in case of repair, renewal or amendment of existing works, specifying i the course of the works or alterations proposed ii the manner in which the works are to be utilised iii the amount and nature of the electricity to be transmitted iv the extent to, and the manner in which if at all, earth returns are to be used, and the licensee shall conform to such reasonable requirements, either general or special, as may be laid down by the telegraph authority within that period for preventing any telegraph line from being injuriously affected by such works or alterations: provided that in case of emergency which shall be stated by the licensee in writing to the telegraph authority arising from defects in any of the electric lines or electrical plant or other works of the licensee, the licensee shall be required to give only such notice as may be possible after the necessity for the proposed new works or alterations has arisen. 2 where the works of the laying or placing of any service line is to be executed, the licensee shall, not less than fortyeight hours before commencing the work, serve upon the telegraph authority a notice in writing of his intention to execute such works.

section 64. of the electricity act : 1 an application for determination of tariff under section 62 shall be made by a generating company or licensee in such manner and accompanied by such fee, as may be determined by regulations. 2 every applicant shall publish the application, in such abridged form and manner, as may be specified by the appropriate commission. 3 the appropriate commission shall, within one hundred and twenty days from receipt of an application under subsection 1 and after considering all suggestions and objections received from the public, a issue a tariff order accepting the application with such modifications or such conditions as may be specified in that order b reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this act and the rules and regulations made thereunder or the provisions of any other law for the time being in force: provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application. 4 the appropriate commission shall, within seven days of making the order, send a copy of the order to the appropriate government, the authority, and the concerned licensees and to the person concerned. 5 notwithstanding anything contained in part x, the tariff for any interstate supply, transmission or wheeling of electricity, as the case may be, involving the territories of two states may, upon application made to it by the parties intending to undertake such supply, transmission or wheeling, be determined under this section by the state commission having jurisdiction in respect of the licensee who intends to distribute electricity and make payment therefor. 6 a tariff order shall, unless amended or revoked, continue to be in force for such period as may be specified in the tariff order.

section 65. of the electricity act : show related subordinates if the state government requires the grant of any subsidy to any consumer or class of consumers in the tariff determined by the state commission under section 62, the state government shall, notwithstanding any direction which may be given under section 108, pay, in advance and in such manner as may be specified, the amount to compensate the person affected by the grant of subsidy in the manner the state commission may direct, as a condition for the licence or any other person concerned to implement the subsidy provided for by the state government: provided that no such direction of the state government shall be operative if the payment is not made in accordance with the provisions contained in this section and the tariff fixed by the state commission shall be applicable from the date of issue of orders by the commission in this regard.

section 66. of the electricity act : show related subordinates the appropriate commission shall endeavour to promote the development of a market including trading in power in such manner as may be specified and shall be guided by the national electricity policy referred to in section 3 in this regard. notifications yeardescriptionfiles jerc notification dated 15.12.

section 70., of central electricity authority. of the electricity act : show related subordinates 1 there shall be a body to be called the central electricity authority to exercise such functions and perform such duties as are assigned to it under this act. 2 the central electricity authority, established under section 3 of the electricity supply act, 54 of and functioning as such immediately before the appointed date, shall be the central electricity authority for the purposes of this act and the chairperson, members, secretary and other officers and employees thereof shall be deemed to have been appointed under this act and they shall continue to hold office on the same terms and conditions on which they were appointed under the electricity supply act, . 3 the authority shall consist of not more than fourteen members including its chairperson of whom not more than eight shall be fulltime members to be appointed by the central government. 4 the central government may appoint any person, eligible to be appointed as member of the authority, as the chairperson of the authority, or, designate one of the fulltime members as the chairperson of the authority. 5 the members of the authority shall be appointed from amongst persons of ability, integrity and standing who have knowledge of, and adequate experience and capacity in, dealing with problems relating to engineering, finance, commerce, economics or industrial matters, and at least one member shall be appointed from each of the following categories, namely: a engineering with specialisation in design, construction, operation and maintenance of generating stations b engineering with specialisation in transmission and supply of electricity c applied research in the field of electricity d applied economics, accounting, commerce or finance. 6 the chairperson and all the members of the authority shall hold office during the pleasure of the central government. 7 the chairperson shall be the chief executive of the authority. 8 the headquarters of the authority shall be at delhi. 9 the authority shall meet at the head office or any other place at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings as it may specify. 10 the chairperson, or if he is unable to attend a meeting of the authority, any other member nominated by the chairperson in this behalf and in the absence of such nomination or where there is no chairperson, any member chosen by the members present from among themselves shall preside at the meeting. 11 all questions which come up before any meeting of the authority shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or the person presiding shall have the right to exercise a second or casting vote. 12 all orders and decisions of the authority shall be authenticated by the secretary or any other officer of the authority duly authorised by the chairperson in this behalf. 13 no act or proceedings of the authority shall be questioned or shall be invalidated merely on the ground of existence of any vacancy in, or any defect in, the constitution of, the authority. 14 the chairperson of the authority and other fulltime members shall receive such salary and allowances as may be determined by the central government and other members shall receive such allowances and fees for attending the meetings of the authority, as the central government may prescribe. 15 the other terms and conditions of service of the chairperson and members of the authority including, subject to the provisions of subsection 6, their terms of office shall be such as the central government may prescribe.

section 71. of the electricity act : no member of the authority shall have any share or interest, whether in his own name or otherwise, in any company or other body corporate or an association of persons whether incorporated or not or a firm engaged in the business of generation, transmission, distribution and trading of electricity or fuel for the generation thereof or in the manufacture of electrical equipment.

section 72. of the electricity act : show related subordinates the authority may appoint a secretary and such other officers and employees as it considers necessary for the performance of its functions under this act and on such terms as to salary, remuneration, fee, allowance, pension, leave and gratuity, as the authority may in consultation with the central government, fix: provided that the appointment of the secretary shall be subject to the approval of the central government.

section 77. of the electricity act : 1 the chairperson and the members of the central commission shall be persons having adequate knowledge of, or experience in, or shown capacity in, dealing with, problems relating to engineering, law, economics, commerce, finance or management and shall be appointed in the following manner, namely: a one person having qualifications and experience in the field of engineering with specialisation in generation, transmission or distribution of electricity b one person having qualifications and experience in the field of finance c two persons having qualifications and experience in the field of economics, commerce, law or management: provided that not more than one member shall be appointed under the same category under clause c. 2 notwithstanding anything contained in subsection 1, the central government may appoint any person as the chairperson from amongst persons who is, or has been, a judge of the supreme court or the chief justice of a high court: provided that no appointment under this subsection shall be made except after consultation with the chief justice of india. 3 the chairperson or any other member of the central commission shall not hold any other office. 4 the chairperson shall be the chief executive of the central commission.

section 73. of the electricity act : show related subordinates the authority shall perform such functions and duties as the central government may prescribe or direct, and in particular to a advise the central government on the matters relating to the national electricity policy, formulate shortterm and perspective plans for development of the electricity system and coordinate the activities of the planning agencies for the optimal utilisation of resources to subserve the interests of the national economy and to provide reliable and affordable electricity for all consumers b specify the technical standards for construction of electrical plants, electric lines and connectivity to the grid c specify the safety requirements for construction, operation and maintenance of electrical plants and electric lines d specify the grid standards for operation and maintenance of transmission lines e specify the conditions for installation of meters for transmission and supply of electricity f promote and assist in the timely completion of schemes and projects for improving and augmenting the electricity system g promote measures for advancing the skill of persons engaged in the electricity industry h advise the central government on any matter on which its advice is sought or make recommendation to that government on any matter if, in the opinion of the authority, the recommendation would help in improving the generation, transmission, trading, distribution and utilisation of electricity i collect and record the data concerning the generation, transmission, trading, distribution and utilisation of electricity and carry out studies relating to cost, efficiency, competitiveness and such like matters j make public from time to time the information secured under this act, and provide for the publication of reports and investigations k promote research in matters affecting the generation, transmission, distribution and trading of electricity l carry out, or cause to be carried out, any investigation for the purposes of generating or transmitting or distributing electricity m advise any state government, licensees or the generating companies on such matters which shall enable them to operate and maintain the electricity system under their ownership or control in an improved manner and where necessary, in coordination with any other government, licensee or the generating company owning or having the control of another electricity system n advise the appropriate government and the appropriate commission on all technical matters relating to generation, transmission and distribution of electricity and o discharge such other functions as may be provided under this act.

section 78. of the electricity act : 1 the central government shall, for the purposes of selecting the members of the appellate tribunal and the chairperson and members of the central commission, constitute a selection committee consisting of a member of the planning commission incharge of the energy sector chairperson b secretaryincharge of the ministry of the central government dealing with the department of the legal affairs . member c chairperson of the public enterprises selection board .member d a person to be nominated by the central government in accordance with subsection 2 member e a person to be nominated by the central government in accordance with subsection 3.. member f secretaryincharge of the ministry of the central government dealing with power.member. 2 for the purposes of clause d of subsection 1, the central government shall nominate from amongst persons holding the post of chairperson or managing director, by whatever name called, of any public financial institution specified in section 4a of the companies act, 1 of . 3 for the purposes of clause e of subsection 1, the central government shall, by notification, nominate from amongst persons holding the post of director or the head of the institution, by whatever name called, of any research, technical or management institution for this purpose. 4 secretaryincharge of the ministry of the central government dealing with power shall be the convenor of the selection committee. 5 the central government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of a member of the appellate tribunal or the chairperson or a member of the central commission and six months before the superannuation or end of tenure of the member of the appellate tribunal or member of the central commission, make a reference to the selection committee for filling up of the vacancy. 6 the selection committee shall finalise the selection of the chairperson and members referred to in subsection 5 within three months from the date on which the reference is made to it. 7 the selection committee shall recommend a panel of two names for every vacancy referred to it. 8 before recommending any person for appointment as member of the appellate tribunal or the chairperson or other member of the central commission, the selection committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as the chairperson or member. 9 no appointment of the chairperson or other member shall be invalid merely by reason of any vacancy in the selection committee: provided that nothing contained in this section shall apply to the appointment of a person as the chairperson of the central commission where such person is, or has been, a judge of the supreme court or the chief justice of a high court.

section 74. of the electricity act : show related subordinates it shall be the duty of every licensee, generating company or person generating electricity for its or his own use to furnish to the authority such statistics, returns or other information relating to generation, transmission, distribution, trading and use of electricity as it may require and at such times and in such form and manner as may be specified by the authority.

section 79. of the electricity act : show related subordinates 1 the central commission shall discharge the following functions, namely: a to regulate the tariff of generating companies owned or controlled by the central government b to regulate the tariff of generating companies other than those owned or controlled by the central government specified in clause a, if such generating companies enter into or otherwise have a composite scheme for generation and sale of electricity in more than one state c to regulate the interstate transmission of electricity d to determine tariff for interstate transmission of electricity e to issue licences to persons to function as transmission licensee and electricity trader with respect to their interstate operations f to adjudicate upon disputes involving generating companies or transmission licensee in regard to matters connected with clauses a to d above and to refer any dispute for arbitration g to levy fees for the purposes of this act h to specify grid code having regard to grid standards i to specify and enforce the standards with respect to quality, continuity and reliability of service by licensees j to fix the trading margin in the interstate trading of electricity, if considered, necessary k to discharge such other functions as may be assigned under this act. 2 the central commission shall advise the central government on all or any of the following matters, namely: i formulation of national electricity policy and tariff policy ii promotion of competition, efficiency and economy in activities of the electricity industry iii promotion of investment in electricity industry iv any other matter referred to the central commission by that government. 3 the central commission shall ensure transparency while exercising its powers and discharging its functions. 4 in discharge of its functions, the central commission shall be guided by the national electricity policy, national electricity plan and tariff policy published under section 3.

section 75. of the electricity act : 1 in the discharge of its functions, the authority shall be guided by such directions in matters of policy involving public interest as the central government may give to it in writing. 2 if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final.

section 76. of the electricity act : show related subordinates 1 there shall be a commission to be known as the central electricity regulatory commission to exercise the powers conferred on, and discharge the functions assigned to it under this act. 2 the central electricity regulatory commission, established under section 3 of the electricity regulatory commissions act, 14 of and functioning as such immediately before the appointed date, shall be deemed to be the central commission for the purposes of this act and the chairperson, members, secretary, and other officers and employees thereof shall be deemed to have been appointed under this act and they shall continue to hold office on the same terms and conditions on which they were appointed under the electricity regulatory commissions act, : provided that the chairperson and other members of the central commission appointed, before the commencement of this act, under the electricity regulatory commissions act, 14 of , may, on the recommendations of the selection committee constituted under subsection 1 of section 78, be allowed, to opt for the terms and conditions under this act by the central government. 3 the central commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. 4 the head office of the central commission shall be at such place as the central government may, by notification, specify. 5 the central commission shall consist of the following members, namely: a a chairperson and three other members b the chairperson of the authority who shall be the member, ex officio. 6 the chairperson and members of the central commission shall be appointed by the central government on the recommendation of the selection committee referred to in section 78.

section 80. of the electricity act : 1 the central commission may, by notification, establish with effect from such date as it may specify in such notification, a committee to be known as the central advisory committee. 2 the central advisory committee shall consist of not more than thirtyone members to represent the interests of commerce, industry, transport, agriculture, labour, consumers, nongovernmental organisations and academic and research bodies in the electricity sector. 3 the chairperson of the central commission shall be the ex officio chairperson of the central advisory committee and the members of that commission and secretary to the government of india in charge of the ministry or department of the central government dealing with consumer affairs and public distribution system shall be the ex officio members of the committee.

section 81. of the electricity act : the objects of the central advisory committee shall be to advise the central commission on i major questions of policy ii matters relating to quality, continuity and extent of service provided by the licensees iii compliance by the licensees with the conditions and requirements of their licence iv protection of consumer interest v electricity supply and overall standards of performance by utilities.

section 87. of the electricity act : 1 the state commission may, by notification, establish with effect from such date as it may specify in such notification, a committee to be known as the state advisory committee. 2 the state advisory committee shall consist of not more than twentyone members to represent the interests of commerce, industry, transport, agriculture, labour, consumers, nongovernmental organisations and academic and research bodies in the electricity sector. 3 the chairperson of the state commission shall be the ex officio chairperson of the state advisory committee and the members of the state commission and the secretary to state government in charge of the ministry or department dealing with consumer affairs and public distribution system shall be the ex officio members of the committee.

section 83. of the electricity act : show related subordinates 1 notwithstanding anything to the contrary contained in section 82, a joint commission may be constituted by an agreement to be entered into a by two or more governments of states or b by the central government, in respect of one or more union territories, and one or more governments of states, and shall be in force for such period and shall be subject to renewal for each further period, if any, as may be stipulated in the agreement: provided that the joint commission, constituted under section 21a of electricity regulatory commissions act, 14 of and functioning as such immediately before the appointed day, shall be the joint commission for the purposes of this act and the chairperson, members, secretary and other officers and employees thereof shall be deemed to have been appointed as such under this act and they shall continue to hold office, on the same terms and conditions on which they were appointed under the electricity regulatory commissions act, . 2 the joint commission shall consist of one member from each of the participating states and union territories and the chairperson shall be appointed from amongst the members by consensus, failing which by rotation. 3 an agreement under subsection 1 shall contain provisions as to the name of the joint commission, the manner in which the participating states may be associated in the selection of the chairperson and members of the joint commission, manner of appointment of members and appointment of chairperson by rotation or consensus, places at which the commission shall sit, apportionment among the participating states of the expenditure in connection with the joint commission, manner in which the differences of opinion between the joint commission and the state government concerned would be resolved and may also contain such other supplemental, incidental and consequential provisions not inconsistent with this act as may be deemed necessary or expedient for giving effect to the agreement. 4 the joint commission shall determine tariff in respect of the participating states or union territories separately and independently. 5 notwithstanding anything contained in this section, the central government may, if so authorised by all the participating states, constitute a joint commission and may exercise the powers in respect of all or any of the matters specified under subsection 3 and when so specifically authorised by the participating states.

section 82. of the electricity act : show related subordinates 1 every state government shall, within six months from the appointed date, by notification, constitute for the purposes of this act, a commission for the state to be known as the name of the state electricity regulatory commission: provided that the state electricity regulatory commission, established by a state government under section 17 of the electricity regulatory commissions act, 14 of and the enactments specified in the schedule, and functioning as such immediately before the appointed date, shall be the state commission for the purposes of this act and the chairperson, members, secretary, and officers and other employees thereof shall continue to hold office, on the same terms and conditions on which they were appointed under those acts: provided further that the chairperson and other members of the state commission appointed, before the commencement of this act, under the electricity regulatory commissions act, 14 of or under the enactments specified in the schedule, may, on the recommendations of the selection committee constituted under subsection 1 of section 85, be allowed to opt for the terms and conditions under this act by the concerned state government. 2 the state commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. 3 the head office of the state commission shall be at such place as the state government may, by notification, specify. 4 the state commission shall consist of not more than three members, including the chairperson. 5 the chairperson and members of the state commission shall be appointed by the state government on the recommendation of a selection committee referred to in section 85. rules yeardescriptionfiles electricity act,

section 84. of the electricity act : 1 the chairperson and the members of the state commission shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with problems relating to engineering, finance, commerce, economics, law or management. 2 notwithstanding anything contained in subsection 1, the state government may appoint any person as the chairperson from amongst persons who is, or has been, a judge of a high court: provided that no appointment under this subsection shall be made except after consultation with the chief justice of that high court. 3 the chairperson or any other member of the state commission shall not hold any other office. 4 the chairperson shall be the chief executive of the state commission.

section 85. of the electricity act : 1 the state government shall, for the purposes of selecting the members of the state commission, constitute a selection committee consisting of a a person who has been a judge of the high court. chairperson b the chief secretary of the concerned state .member c the chairperson of the authority or the chairperson of the central commission .. member: provided that nothing contained in this section shall apply to the appointment of a person as the chairperson who is or has been a judge of the high court. 2 the state government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal of the chairperson or a member and six months before the superannuation or end of tenure of the chairperson or member, make a reference to the selection committee for filling up of the vacancy. 3 the selection committee shall finalise the selection of the chairperson and members within three months from the date on which the reference is made to it. 4 the selection committee shall recommend a panel of two names for every vacancy referred to it. 5 before recommending any person for appointment as the chairperson or other member of the state commission, the selection committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member, as the case may be. 6 no appointment of chairperson or other member shall be invalid merely by reason of any vacancy in the selection committee.

section 86. of the electricity act : show related subordinates 1 the state commission shall discharge the following functions, namely: a determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, as the case may be, within the state: provided that where open access has been permitted to a category of consumers under section 42, the state commission shall determine only the wheeling charges and surcharge thereon, if any, for the said category of consumers b regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the state c facilitate intrastate transmission and wheeling of electricity d issue licences to persons seeking to act as transmission licensees, distribution licensees and electricity traders with respect to their operations within the state e promote cogeneration and generation of electricity from renewable sources of energy by providing suitable measures for connectivity with the grid and sale of electricity to any person, and also specify, for purchase of electricity from such sources, a percentage of the total consumption of electricity in the area of a distribution licensee f adjudicate upon the disputes between the licensees and generating companies and to refer any dispute for arbitration g levy fee for the purposes of this act h specify state grid code consistent with the grid code specified under clause h of subsection 1 of section 79 i specify or enforce standards with respect to quality, continuity and reliability of service by licensees j fix the trading margin in the intrastate trading of electricity, if considered, necessary k discharge such other functions as may be assigned to it under this act. 2 the state commission shall advise the state government on all or any of the following matters, namely: i promotion of competition, efficiency and economy in activities of the electricity industry ii promotion of investment in electricity industry iii reorganisation and restructuring of electricity industry in the state iv matters concerning generation, transmission , distribution and trading of electricity or any other matter referred to the state commission by that government. 3 the state commission shall ensure transparency while exercising its powers and discharging its functions. 4 in discharge of its functions, the state commission shall be guided by the national electricity policy, national electricity plan and tariff policy published under section 3.

section 88. of the electricity act : the objects of the state advisory committee shall be to advise the commission on i major questions of policy ii matters relating to quality, continuity and extent of service provided by the licensees iii compliance by licensees with the conditions and requirements of their licence: iv protection of consumer interest and v electricity supply and overall standards of performance by utilities.

section 89. of the electricity act : show related subordinates 1 the chairperson or other member shall hold office for a term of five years from the date he enters upon his office: provided that the chairperson or other member in the central commission or the state commission shall not be eligible for reappointment in the same capacity as the chairperson or a member in that commission in which he had earlier held office as such: provided further that no chairperson or member shall hold office as such after he has attained the age of sixtyfive years. 2 the salary, allowances and other terms and conditions of service of the chairperson and members shall be such as may be prescribed by the appropriate government: provided that the salary, allowances and other terms and conditions of service of the members, shall not be varied to their disadvantage after appointment. 3 every member shall, before entering upon his office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed. 4 notwithstanding anything contained in subsection 1, a member may a relinquish his office by giving in writing to the appropriate government a notice of not less than three months or b be removed from his office in accordance with the provisions of section 90. 5 any member ceasing to hold office as such shall a not accept any commercial employment for a period of two years from the date he ceases to hold such office and b not represent any person before the central commission or any state commission in any manner. explanation.for the purposes of this subsection commercial employment means employment in any capacity in any organisation which has been a party to the proceedings before the appropriate commission or employment in any capacity under, or agency of, a person engaged in trading, commercial, industrial or financial business in electricity industry and includes a director of a company or partner of a firm or setting up practice either independently or as partner of a firm or as an advisor or a consultant. state amendment andhra pradesh in section 89, in subsection 1, for the existing two provisos, the following provisos shall be substituted, in their application to the state of andhra pradesh, namely: provided that the chairperson or other member in the state commission shall be eligible for reappointment in the same capacity and shall hold office as such, till he completes the term of five years including the term already held before such reappointment: provided further that no chairperson or member shall hold office as such after he attained the age of seventy years. vide andhra pradesh act 11 of , sec. 3 w.e.f. .

section 95. of the electricity act : all proceedings before the appropriate commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of and the appropriate commission shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of .

section 90. of the electricity act : show related subordinates 1 no member shall be removed from office except in accordance with the provisions of this section. 2 the central commission, in the case of a member of the central commission, and the state government, in the case of a member of the state commission, may by order remove from office any member, if he a has been adjudged an insolvent b has been convicted of an offence which, in the opinion of the appropriate government, involves moral turpitude c has become physically or mentally incapable of acting as a member d has acquired such financial or other interest as is likely to affect prejudicially his functions as a member e has so abused his position as to render his continuance in office prejudicial to the public interest or f has been guilty of proved misbehaviour: provided that no member shall be removed from his office on any ground specified in clauses d, e and f unless the chairperson of the appellate tribunal on a reference being made to him in this behalf by the central government or the state government, as the case may be, has, on an inquiry, held by him in accordance with such procedure as may be prescribed by the central government, reported that the member ought on such ground or grounds to be removed. 3 the central government or the state government, as the case may be, may, in consultation with the chairperson of the appellate tribunal suspend any member of the appropriate commission in respect of whom a reference has been made to the chairperson of the appellate tribunal, under subsection 2 until the central government or the state government, as the case may be, has passed orders on receipt of the report of the chairperson of the appellate tribunal, on such reference: provided that nothing contained in this section shall apply to the chairperson of the appropriate commission who, at the time of his appointment as such is a sitting judge of the supreme court or the chief justice of a high court or a judge of a high court. rules yeardescriptionfiles the procedure for conducting inquiry against a member of appropriate commission rules,

section 97. of the electricity act : the appropriate commission may, by general or special order in writing, delegate to any member, secretary, officer of the appropriate commission or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act except the powers to adjudicate disputes under section 79 and section 86 and the powers to make regulations under section 178 or section 181 as it may deem necessary.

section 91. of the electricity act : 1 the appropriate commission may appoint a secretary to exercise such powers and perform such duties as may be specified. 2 the appropriate commission may, with the approval of the appropriate government, specify the numbers, nature and categories of other officers and employees. 3 the salaries and allowances payable to, and other terms and conditions of service of, the secretary, officers and other employees shall be such as may be specified with the approval of the appropriate government. 4 the appropriate commission may appoint consultants required to assist that commission in the discharge of its functions on the terms and conditions as may be specified.

section 92. of the electricity act : 1 the appropriate commission shall meet at the head office or any other place at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings as it may specify. 2 the chairperson, or if he is unable to attend a meeting of the appropriate commission, any other member nominated by the chairperson in this behalf and, in the absence of such nomination or where there is no chairperson, any member chosen by the members present from amongst themselves, shall preside at the meeting. 3 all questions which come up before any meeting of the appropriate commission shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding shall have a second or casting vote. 4 save as otherwise provided in subsection 3, every member shall have one vote. 5 all orders and decisions of the appropriate commission shall be authenticated by its secretary or any other officer of the commission duly authorised by the chairperson in this behalf.

section 93., not to invalidate proceedings. of the electricity act : no act or proceedings of the appropriate commission shall be questioned or shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the appropriate commission.

section 94. of the electricity act : 1 the appropriate commission shall, for the purposes of any inquiry or proceedings under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b discovery and production of any document or other material object producible as evidence c receiving evidence on affidavits d requisitioning of any public record e issuing commission for the examination of witnesses f reviewing its decisions, directions and orders g any other matter which may be prescribed. 2 the appropriate commission shall have the powers to pass such interim order in any proceeding, hearing or matter before the appropriate commission, as that commission may consider appropriate. 3 the appropriate commission may authorise any person, as it deems fit, to represent the interest of the consumers in the proceedings before it.

section 98. of the electricity act : show related subordinates the central government may, after due appropriation made by parliament in this behalf, make to the central commission grants and loans of such sums of money as that government may consider necessary.

section 96. of the electricity act : the appropriate commission or any officer, not below the rank of a gazetted officer specially authorised in this behalf by the commission, may enter any building or place where the commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the code of criminal procedure, 2 of , in so far as it may be applicable.

section 100. of the electricity act : show related subordinates 1 the central commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the central commission shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the central commission to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the central commission under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the central commission. 4 the accounts of the central commission, as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid, as soon as may be after it is received, before each house of parliament.

section 99. of the electricity act : show related subordinates 1 there shall be constituted a fund to be called the central electricity regulatory commission fund and there shall be credited thereto a any grants and loans made to the central commission by the central government under section 98 b all fees received by the central commission under this act c all sums received by the central commission from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a the salary, allowances and other remuneration of chairperson, members, secretary, officers and other employees of the central commission b the expenses of the central commission in discharge of its functions under section 79 c the expenses on objects and for purposes authorised by this act. 3 the central government may, in consultation with the comptroller and auditorgeneral of india, prescribe the manner of applying the fund for meeting the expenses specified in clause b or clause c of subsection 2.

section 108. of the electricity act : 1 in the discharge of its functions, the state commission shall be guided by such directions in matters of policy involving public interest as the state government may give to it in writing. 2 if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the state government thereon shall be final.

section 101. of the electricity act : 1 the central commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government. 2 a copy of the report received under subsection 1 shall be laid, as soon as may be after it is received, before each house of parliament.

section 102. of the electricity act : show related subordinates the state government may, after due appropriation made by legislature of a state in this behalf, make to the state commission grants and loans of such sums of money as that government may consider necessary.

section 107. of the electricity act : 1 in the discharge of its functions, the central commission shall be guided by such directions in matters of policy involving public interest as the central government may give to it in writing. 2 if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final.

section 103. of the electricity act : show related subordinates 1 there shall be constituted a fund to be called the state electricity regulatory commission fund and there shall be credited thereto a any grants and loans made to the state commission by the state government under section 102 b all fees received by the state commission under this act c all sums received by the state commission from such other sources as may be decided upon by the state government. 2 the fund shall be applied for meeting a the salary, allowances and other remuneration of chairperson, members, secretary, officers and other employees of the state commission b the expenses of the state commission in discharge of its functions under section 86 c the expenses on objects and for purposes authorised by this act. 3 the state government may, in consultation with the comptroller and auditorgeneral of india, prescribe the manner of applying the fund for meeting the expenses specified in clause b or clause c of subsection 2.

section 109. of the electricity act : notwithstanding anything contained in this act, where any joint commission is established under section 83 a the government of the state, for which the joint commission is established, shall be competent to give any direction under this act only in cases where such direction relates to matter within the exclusive territorial jurisdiction of the state b the central government alone shall be competent to give any direction under this act where such direction relates to a matter within the territorial jurisdiction of two or more states or pertaining to a union territory if the participating governments fail to reach an agreement or the participating states or majority of them request the central government to issue such directions.

section 104. of the electricity act : show related subordinates 1 the state commission shall maintain proper accounts and other relevant records and prepare annual statement of accounts in such form as may be prescribed by the state government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the state commission shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the state commission to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the state commission under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the state commission. 4 the accounts of the state commission, as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the state government and that government shall cause the same to be laid, as soon as may be after it is received, before the state legislature.

section 105. of the electricity act : show related subordinates 1 the state commission shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the state government. 2 a copy of the report received under subsection 1 shall be laid, as soon as may be after it is received, before the state legislature. notifications yeardescriptionfiles mop notification dated 21.06.

section 106. of the electricity act : show related subordinates the appropriate commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of that commission and forward the same to the appropriate government

section 110. of the electricity act : show related subordinates the central government shall, by notification, establish an appellate tribunal to be known as the appellate tribunal for electricity to hear appeals against the orders of the adjudicating officer or the appropriate commission 1 under this act or any other law for the time being in force. 1. subs. by act 28 of , s. 16 and the schedule, for under this act w.e.f.

section 117. of the electricity act : 1 the chairperson of the appellate tribunal or a member of the appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: provided that the chairperson of the appellate tribunal or a member of the appellate tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of term of office, whichever is the earliest. 2 the chairperson of the appellate tribunal or a member of the appellate tribunal shall not be removed from his office except by an order by the central government on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court, as the central government may appoint for this purpose in which the chairperson or a member of the appellate tribunal concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of such charges.

section 111. of the electricity act : show related subordinates 1 any person aggrieved by an order made by an adjudicating officer under this act except under section 127 or an order made by the appropriate commission under this act may prefer an appeal to the appellate tribunal for electricity: provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of such penalty: provided further that where in any particular case, the appellate tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, it may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. 2 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the adjudicating officer or the appropriate commission is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 4 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating officer or the appropriate commission, as the case may be. 5 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal: provided that where any appeal could not be disposed of within the said period of one hundred and eighty days, the appellate tribunal shall record its reasons in writing for not disposing of the appeal within the said period. 6 the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating officer or the appropriate commission under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.

section 112. of the electricity act : 1 the appellate tribunal shall consist of a chairperson and three other members. 2 subject to the provisions of this act, a the jurisdiction of the appellate tribunal may be exercised by benches thereof b a bench may be constituted by the chairperson of the appellate tribunal with two or more members of the appellate tribunal as the chairperson of the appellate tribunal may deem fit: provided that every bench constituted under this clause shall include at least one judicial member and one technical member c the benches of the appellate tribunal shall ordinarily sit at delhi and such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify d the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise jurisdiction. 3 notwithstanding anything contained in subsection 2, the chairperson of the appellate tribunal may transfer a member of the appellate tribunal from one bench to another bench. explanation.for the purposes of this chapter, i judicial member means a member of the appellate tribunal appointed as such under subclause i of caluse b of subsection 1 of section 113, and includes the chairperson of the appellate tribunal ii technical member means a member of the appellate tribunal appointed as such under subclause ii or subclause iii of clause b of subsection 1 of section 113.

section 117a. of the electricity act : 1117a. qualifications, terms and conditions of service of chairperson and member. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of 2 the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, 7 of , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 180 w.e.f. . 2.subs. by act 33 of , s. 25, for part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of the section 184 of that act w.e.f. .

section 113. of the electricity act : show related subordinates 1 a person shall not be qualified for appointment as the chairperson of the appellate tribunal or a member of the appellate tribunal unless he a in the case of the chairperson of the appellate tribunal, is, or has been, a judge of the supreme court or the chief justice of a high court and b in the case of a member of the appellate tribunal, i is, or has been, or is qualified to be, a judge of a high court or ii is, or has been, a secretary for at least one year in the ministry or department of the central government dealing with economic affairs or matters or infrastructure or iii is, or has been, a person of ability and standing, having adequate knowledge or experience in dealing with the matters relating to electricity generation, transmission and distribution and regulation or economics, commerce, law or management. 2 the chairperson of the appellate tribunal shall be appointed by the central government after consultation with the chief justice of india. 3 the members of the appellate tribunal shall be appointed by the central government on the recommendation of the selection committee referred to in section 78. 4 before appointing any person for appointment as chairperson or other member of the appellate tribunal, the central government shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member.

section 114. of the electricity act : the chairperson of the appellate tribunal or a member of the appellate tribunal shall hold office as such for a term of three years from the date on which he enters upon his office: provided that such chairperson or other member shall be eligible for reappointment for a second term of three years: provided further that no chairperson of the appellate tribunal or member of the appellate tribunal shall hold office as such after he has attained, a in the case of the chairperson of the appellate tribunal, the age of seventy years b in the case of a member of the appellate tribunal, the age of sixtyfive years.

section 116. of the electricity act : if, for reason other than temporary absence, any vacancy occurs in the office of the chairperson of the appellate tribunal or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled.

section 119. of the electricity act : 1 the central government shall provide the appellate tribunal with such officers and other employees as it may deem fit. 2 the officers and other employees of the appellate tribunal shall discharge their functions under the general superintendence of the chairperson of the appellate tribunal. 3 the salaries and allowances and other terms and conditions of service of the officers and other employees of the appellate tribunal shall be such as may be prescribed by the central government.

section 115. of the electricity act : the salary and allowances payable to, and the other terms and conditions of service of, the chairperson of the appellate tribunal and members of the appellate tribunal shall be such as may be prescribed by the central government: provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson of the appellate tribunal or a member of the appellate tribunal shall be varied to his disadvantage after appointment.

section 118. of the electricity act : 1 in the event of the occurrence of any vacancy in the office of the chairperson of the appellate tribunal by reason of his death, resignation or otherwise, the seniormost member of the appellate tribunal shall act as the chairperson of the appellate tribunal until the date on which a new chairperson, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 2 when the chairperson of the appellate tribunal is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member of the appellate tribunal shall discharge the functions of the chairperson of the appellate tribunal until the date on which the chairperson of the appellate tribunal resumes his duties.

section 120. of the electricity act : 1 the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure. 2 the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing a representation of default or deciding it ex parte h setting aside any order of dismissal or any representation for default or any order passed by it ex parte i any other matter which may be prescribed by the central government. 3 an order made by the appellate tribunal under this act shall be executable by the appellate tribunal as a decree of civil court and, for this purpose, the appellate tribunal shall have all the powers of a civil court. 4 notwithstanding anything contained in subsection 3, the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 5 all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of .

section 127. of the electricity act : show related subordinates 1 any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the state commission, to an appellate authority as may be prescribed. 2 no appeal against an order of assessment under subsection 1 shall be entertained unless an amount equal to1 half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal. 3 the appellate authority referred to in subsection 1 shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant. 4 the order of the appellate authority referred to in subsection 1 passed under subsection 3 shall be final. 5 no appeal shall lie to the appellate authority referred to in subsection 1 against the final order made with the consent of the parties. 6 when a person defaults in making payment of assessed amount, he, in addition to the assessed amount shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent. per annum compounded every six months. 1. subs. by s. 12, ibid., for onethird of the assessed amount w.e.f. .

section 121. of the electricity act : show related subordinates 1 121. power of appellate tribunal.the appellate tribunal may, after hearing the appropriate commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any appropriate commission for the performance of its statutory functions under this act. 1. subs. by act 57 of , s. 4, for section 121 w.e.f. .

section 122. of the electricity act : 1 where benches are constituted, the chairperson of the appellate tribunal may, from time totime, by notification, make provisions as to the distribution of the business of the appellate tribunal amongst the benches and also provide for the matters which may be dealt with by each bench. 2 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson of the appellate tribunal may transfer any case pending before one bench, for disposal, to any other bench.

section 124. of the electricity act : 1 a person preferring an appeal to the appellate tribunal under this act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the appellate tribunal, as the case may be. 2 the appropriate commission may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal, as the case may be.

section 123. of the electricity act : if the members of the appellate tribunal of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of the members of the appellate tribunal who have heard the case, including those who first heard it.

section 125. of the electricity act : show related subordinates any person aggrieved by any decision or order of the appellate tribunal, may, file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the appellate tribunal, to him, on any one or more of the grounds specified in section 100 of the code of civil procedure, 5 of : provided that the supreme court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. rules yeardescriptionfiles the appellate tribunal for electricity procedure, form, fee and record of proceedings rules,

section 126. of the electricity act : show related subordinates 1 if on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use. 2 the order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. 1 3 the person, on whom an order has been served under subsection 2, shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearing to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person. 4 any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him: 2 3 5 if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorised use of electricity has taken place and if, however, the period during which such unauthorised use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection. 6 the assessment under this section shall be made at a rate equal to 4 twice the tariff rates applicable for the relevant category of services specified in subsection 5. explanation.for the purposes of this section, a assessing officer means an officer of a state government or board or licensee, as the case may be, designated as such by the state government b unauthorised use of electricity means the usage of electricity i by any artificial means or ii by a means not authorised by the concerned person or authority or licensee or iii through a tampered meter or 5 iv for the purpose other than for which the usage of electricity was authorised or v for the premises or areas other than those for which the supply of electricity was authorised. 1. subs. by act 26 of , s. 11, for subsection 3 w.e.f. . 2. the proviso omitted by act 26 of , s. 11 w.e.f. . 3. subs. by s. 11, ibid., for subsection 5 w.e.f. . 4. subs. by s. 11, ibid., for oneandhalf times w.e.f. . 5. subs. by s. 11, ibid., for subclause iv w.e.f. .

section 128. of the electricity act : 1 the appropriate commission may, on being satisfied that a licensee has failed to comply with any of the conditions of licence or a generating company or a licensee has failed to comply with any of the provisions of this act or the rules or regulations made thereunder, at any time, by order in writing, direct any person hereafter in this section referred to as investigating authority specified in the order to investigate the affairs of any generating company or licensee and to report to that commission on any investigation made by such investigating authority: provided that the investigating authority may, wherever necessary, employ any auditor or any other person for the purpose of assisting him in any investigation under this section. 2 notwithstanding anything to the contrary contained in section 235 of the companies act, 1 of , the investigating authority may, at any time, and shall, on being directed so to do by the appropriate commission, cause an inspection to be made, by one or more of its officers, of any licensee or generating company and his books of account and the investigating authority shall supply to the licensee or generating company, as the case may be, a copy of his report on such inspection. 3 it shall be the duty of every manager, managing director or other officer of the licensee or generating company, as the case may be, to produce before the investigating authority directed to make the investigation under subsection 1, or inspection under subsection 2, all such books of account, registers and other documents in his custody or power and to furnish him with any statement and information relating to the affairs of the licensee or generating company, as the case may be, as the said investigating authority may require of him within such time as the said investigating authority may specify. 4 any investigating authority, directed to make an investigation under subsection 1, or inspection under subsection 2, may examine on oath any manager, managing director or other officer of the licensee or generating company, as the case may be, in relation to his business and may administer oaths accordingly. 5 the investigating authority, shall, if it has been directed by the appropriate commission to cause an inspection to be made, and may, in any other case, report to the appropriate commission on any inspection made under this section. 6 on receipt of any report under subsection 1 or subsection 5, the appropriate commission may, after giving such opportunity to the licensee or generating company, as the case may be, to make a representation in connection with the report as in the opinion of the appropriate commission seems reasonable, by order in writing a require the licensee or the generating company to take such action in respect of any matter arising out of the report as the appropriate commission may think fit or b cancel the licence or c direct the generating company to cease to carry on the business of generation of electricity. 7 the appropriate commission may, after giving reasonable notice to the licensee or the generating company, as the case may be, publish the report submitted by the investigating authority under subsection 5 or such portion thereof as may appear to it to be necessary. 8 the appropriate commission may specify the minimum information to be maintained by the licensee or the generating company in their books, the manner in which such information shall be maintained, the checks and other verifications to be adopted by licensee or the generating company in thatconnection and all other matters incidental thereto as are, in its opinion, necessary to enable the investigating authority to discharge satisfactorily its functions under this section. explanation.for the purposes of this section, the expression licensee or the generating company shall include in the case of a licensee incorporated in india a all its subsidiaries formed for the purpose of carrying on the business of generation or transmission or distribution or trading of electricity exclusively outside india and b all its branches whether situated in india or outside india. 9 all expenses of, and incidental to, any investigation made under this section shall be defrayed by the licensee or the generating company, as the case may be, and shall have priority over the debts due from the licensee or the generating company and shall be recoverable as an arrear of land revenue.

section 129. of the electricity act : 1 where the appropriate commission, on the basis of material in its possession, is satisfied that a licensee is contravening, or is likely to contravene, any of the conditions mentioned in his licence or conditions for grant of exemption or the licensee or the generating company has contravened or is likely to contravene any of the provisions of this act, it shall, by an order, give such directions as may be necessary for the purpose of securing compliance with that condition or provision. 2 while giving direction under subsection 1, the appropriate commission shall have due regard to the extent to which any person is likely to sustain loss or damage due to such contravention.

section 135. of the electricity act : show related subordinates 26 1 whoever, dishonestly, a taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be or b tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted or c damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity or d uses electricity through a tampered meter or e uses electricity for the purpose other than for which the usage of electricity was authorised, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both: provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use i does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity ii exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months, but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: provided further that in the event of second and subsequent conviction of a person where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use exceeds 10 kilowatt, such person shall also be debarred from getting any supply of electricity for a period which shall not be less than three months but may extend to two years and shall also be debarred from getting supply of electricity for that period from any other source or generating station: provided also that if it is proved that any artificial means or means not authorised by the board or licensee or supplier, as the case may be, exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer. 1a without prejudice to the provisions of this act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity: provided that only such officer of the licensee or supplier, as authorised for the purpose by the appropriate commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorised shall disconnect the supply line of electricity: provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twentyfour hours from the time of such disconnection: provided also that the licensee or supplier, as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this act, shall, without prejudice to the obligation to lodge the complaint as referred to in the second proviso to this clause, restore the supply line of electricity within fortyeight hours of such deposit or payment. 2 2 any officer of the licensee or supplier as the case may be, authorised in this behalf by the state government may a enter, inspect, break open and search any place or premises in which he has reason to believe that electricity 3 has been or is being, used unauthorisedly b search, seize and remove all such devices, instruments, wires and any other facilitator or article which 1 has been, or is being, used for unauthorised use of electricity c examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under subsection 1 and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence. 3 the occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. 4 the provisions of the code of criminal procedure, 2 of , relating to search and seizure shall apply, as far as may be, to searches and seizure under this act. 1. subs. by act 26 of , s. 13, for subsection 1 w.e.f. . 2. subs. by act 26 of , s. 13, for any officer authorised w.e.f. . 3. subs. by act 57 of , s. 5, for has been, is being, or is likely to be, w.e.f. .

section 130. of the electricity act : the appropriate commission, before issuing any direction under section 129, shall a serve notice in the manner as may be specified to the concerned licensee or the generating company b publish the notice in the manner as may be specified for the purpose of bringing the matters to the attention of persons, likely to be affected, or affected c consider suggestions and objections from the concerned licensee or generating company and the persons, likely to be affected, or affected.

section 131. of the electricity act : 1 with effect from the date on which a transfer scheme, prepared by the state government to give effect to the objects and purposes of this act, is published or such further date as may be stipulated by the state government hereafter in this part referred to as the effective date, any property, interest in property, rights and liabilities which immediately before the effective date belonged to the state electricity board hereinafter referred to as the board shall vest in the state government on such terms as may be agreed between the state government and the board. 2 any property, interest in property, rights and liabilities vested in the state government under subsection 1 shall be revested by the state government in a government company or in a company or companies, in accordance with the transfer scheme so published along with such other property, interest in property, rights and liabilities of the state government as may be stipulated in such scheme, on such terms and conditions as may be agreed between the state government and such company or companies being state transmission utility or generating company or transmission licensee or distribution licensee, as the case may be: provided that the transfer value of any assets transferred hereunder shall be determined, as far as may be, based on the revenue potential of such assets at such terms and conditions as may be agreed between the state government and the state transmission utility or generating company or transmission licensee or distribution licensee, as the case may be. 3 notwithstanding anything contained in this section, where, a the transfer scheme involves the transfer of any property or rights to any person or undertaking not wholly owned by the state government, the scheme shall give effect to the transfer only for fair value to be paid by the transferee to the state government b a transaction of any description is effected in pursuance of a transfer scheme, it shall be binding on all persons including third parties and even if such persons or third parties have not consented to it. 4 the state government may, after consulting the government company or company or companies being state transmission utility or generating company or transmission licensee or distribution licensee, referred to in subsection 2 hereinafter referred to as the transferor, require such transferor to draw up a transfer scheme to vest in a transferee being any other generating company or transmission licensee or distribution licensee, the property, interest in property, rights and liabilities which have been vested in the transferor under this section, and publish such scheme as statutory transfer scheme under this act. 5 a transfer scheme under this section may a provide for the formation of subsidiaries, joint venture companies or other schemes of division, amalgamation, merger, reconstruction or arrangements which shall promote the profitability and viability of the resulting entity, ensure economic efficiency, encourage competition and protect consumer interests b define the property, interest in property, rights and liabilities to be allocated i by specifying or describing the property, rights and liabilities in question or ii by referring to all the property, interest in property, rights and liabilities comprised in a described part of the transferors undertaking or iii partly in one way and partly in the other c provide that any rights or liabilities stipulated or described in the scheme shall be enforceable by or against the transferor or the transferee d impose on the transferor an obligation to enter into such written agreements with or execute such other instruments in favour of any other subsequent transferee as may be stipulated in the scheme e mention the functions and duties of the transferee f make such supplemental, incidental and consequential provisions as the transferor considers appropriate including provision stipulating the order as taking effect and g provide that the transfer shall be provisional for a stipulated period. 6 all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done by the board, with the board or for the board, or the state transmission utility or generating company or transmission licensee or distribution licensee, before a transfer scheme becomes effective shall, to the extent specified in the relevant transfer scheme, be deemed to have been incurred, entered into or done by the board, with the board or for the state government or the transferee and all suits or other legal proceedings instituted by or against the board or transferor, as the case may be, may be continued or instituted by or against the state government or concerned transferee, as the case may be. 7 the board shall cease to be charged with and shall not perform the functions and duties with regard to transfers made on and after the effective date. explanation.for the purpose of this part, a government company means a government company formed and registered under the companies act, 1 of . b company means a company to be formed and registered under the companies act, 1 of to undertake generation or transmission or distribution in accordance with the scheme under this part.

section 136. of the electricity act : show related subordinates 1 whoever, dishonestly a cuts or removes or takes way or transfers any electric line, material or meter from a tower, pole, any other installation or place of installation or any other place, or site where it may be rightfully or lawfully stored, deposited, kept, stocked, situated or located including during transportation, without the consent of the licensee or the owner, as the case may be, whether or not the act is done for profit or gain or b stores, possesses or otherwise keeps in his premises, custody or control, any electric line, material or meter without the consent of the owner, whether or not the act is committed for profit or gain or c loads, carries, or moves from one place to another any electric line, material or meter without the consent of its owner, whether or not the act is done for profit or gain, is said to have committed an offence of theft of electric lines and materials, and shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 2 if a person, having been convicted of an offence punishable under subsection 1 is again guilty of an offence punishable under that subsection, he shall be punishable for the second or subsequent offence for a term of imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine which shall not be less than ten thousand rupees.

section 132. of the electricity act : show related subordinates in the event that a board or any utility owned or controlled by the appropriate government is sold or transferred in any manner to a person who is not owned or controlled by the appropriate government, the proceeds from such sale or transfer shall be utilised in priority to all other dues in the following order, namely: a dues including retirement benefits due to the officers and employees of such board or utility, who have been affected by the aforesaid sale or transfer b payment of debt or other liabilities of the transferor as may be required by the existing loan covenants.

section 134. of the electricity act : notwithstanding anything contained in the industrial disputes act, 14 of or any other law for the time being in force and except for the provisions made in this act, the transfer of the employment of the officers and employees referred to in subsection 1 of section 133 shall not entitle such officers and employees to any compensation or damages under this act, or any other central or state law, save as provided in the transfer scheme.

section 133. of the electricity act : 1 the state government may, by a transfer scheme, provide for the transfer of the officers and employees to the transferee on the vesting of properties, rights and liabilities in such transferee as provided under section 131. 2 upon such transfer under the transfer scheme, the personnel shall hold office or service under the transferee on such terms and conditions as may be determined in accordance with the transfer scheme: provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such transfer under the transfer scheme: provided further that the transfer can be provisional for a stipulated period. explanation.for the purposes of this section and the transfer scheme, the expression officers and employees shall mean all officers and employees who on the date specified in the scheme are the officers and employees of the board or transferor, as the case may be.

section 137. of the electricity act : show related subordinates whoever, dishonestly receives any stolen electric line or material knowing or having reasons to believe the same to be stolen property, shall be punishable with imprisonment of either description for a term which may extend to three years or with fine or with both.

section 138. of the electricity act : show related subordinates 1 whoever, a unauthorisedly connects any meter, indicator or apparatus with any electric line through which electricity is supplied by a licensee or disconnects the same from any such electric line or b unauthorisedly reconnects any meter, indicator or apparatus with any electric line or other works being the property of a licensee when the said electric line or other works has or have been cut or disconnected or c lays or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee or. d maliciously injures any meter, indicator, or apparatus belonging to a licensee or wilfully or fraudulently alters the index of any such meter, indicator or apparatus or prevents any such meter, indicator or apparatus from duly registering, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both, and, in the case of a continuing offence, with a daily fine which may extend to five hundred rupees and if it is proved that any means exist for making such connection as is referred to in clause a or such reconnection as is referred to in clause b, or such communication as is referred to in clause c, for causing such alteration or prevention as is referred to in clause d, and that the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such connection, reconnection, communication, alteration, prevention or improper use, as the case may be, has been knowingly and wilfully caused by such consumer.

section 139. of the electricity act : show related subordinates 1 139. negligently breaking or damaging works.whoever, negligently breaks, injures, throws down or damages any material connected with the supply of electricity, shall be punishable with fine which may extend to ten thousand rupees. 1. subs. by act 57 of , s. 6, for sections 139 and 140 w.e.f. .

section 144. of the electricity act : while adjudicating the quantum of penalty under section 29 or section 33 or section 43, the adjudicating officer shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the repetitive nature of the default.

section 140. of the electricity act : 1whoever, with intent to cut off the supply of electricity, cuts or injures, or attempts to cut or injure, any electric supply line or works, shall be punishable with fine which may extend to ten thousand rupees. 1. subs. by act 57 of , s. 6, for sections 139 and 140 w.e.f. .

section 141. of the electricity act : whoever, maliciously extinguishes any public lamp shall be punishable with fine which may extend to two thousand rupees.

section 146. of the electricity act : show related subordinates whoever, fails to comply with any order or direction given under this act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to one lakh rupees, or with both in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence: 1 provided that nothing contained in this section shall apply to the orders, instructions or directions issued under section 121. 1. ins. by act 57 of , s. 7 w.e.f. .

section 142. of the electricity act : show related subordinates in case any complaint is filed before the appropriate commission by any person or if that commission is satisfied that any person has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission, the appropriate commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this act, such person shall pay, by way of penalty, which shall not exceed one lakh rupees for each contravention and in case of a continuing failure with an additional penalty which may extend to six thousand rupees for every day during which the failure continues after contravention of the first such direction.

section 143. of the electricity act : show related subordinates 1 for the purpose of adjudging under this act, the appropriate commission shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed by the appropriate government, after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. 2 while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subjectmatter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of section 29 or section 33 or section 43, he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections.

section 145. of the electricity act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this act is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 147. of the electricity act : the penalties imposed under this act shall be in addition to, and not in derogation of, any liability in respect of payment of compensation or, in the case of a licensee, the revocation of his licence which the offender may have incurred.

section 148. of the electricity act : the provisions of this act shall, so far as they are applicable, be deemed to apply also when the acts made punishable thereunder are committed in the case of electricity supplied by or of works belonging to the appropriate government.

section 152. of the electricity act : show related subordinates 1 notwithstanding anything contained in the code of criminal procedure, 2 of , the appropriate government or any officer authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way ofcompounding of the offence as specified in the table below: table nature of service rate at which the sum of money for compounding to be collected per kilowatt kw/horse power hp or part thereof for low tension lt supply and per kilo volt ampere kva of contracted demand for high tension ht 1 2 1. industrial service twenty thousand rupees 2. commercial service ten thousand rupees 3. agricultural service two thousand rupees 4. other services four thousand rupees: provided that the appropriate government may, by notification in the official gazette, amend the rates specified in the table above. 2 on payment of the sum of money in accordance with subsection 1, any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court. 3 the acceptance of the sum of money for compounding an offence in accordance with subsection 1 by the appropriate government or an officer empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the code of criminal procedure, 2 of . 4 the compounding of an offence under subsection 1 shall be allowed only once for any person or consumer.

section 149. of the electricity act : show related subordinates 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of having committed the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of having committed such offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 153. of the electricity act : show related subordinates 1 the state government may, for the purposes of providing speedy trial of offences referred to in 1sections 135 to 140 and section 150, by notification in the official gazette, constitute as many special courts as may be necessary for such area or areas, as may be specified in the notification. 2 a special court shall consist of a single judge who shall be appointed by the state government with the concurrence of the high court. 3 a person shall not be qualified for appointment as a judge of a special court unless he was, immediately before such appointment, an additional district and sessions judge. 4 where the office of the judge of a special court is vacant, or such judge is absent from the ordinary place of sitting of such special court, or he is incapacitated by illness or otherwise for the performance of his duties, any urgent business in the special court shall be disposed of a by a judge, if any, exercising jurisdiction in the special court b where there is no such other judge available, in accordance with the direction of district and sessions judge having jurisdiction over the ordinary place of sitting of special court, as notified under subsection 1. state amendments maharashtra. amendment of section 153 of act 36 of .in section 153 of the principal act, after subsection 4, the following subsection shall be added, namely: 5 where no special court for any area or areas has been constituted under subsection 1, one or more additional district and sessions judges, as may be designated by the high court, for such area or areas, from time to time, shall exercise the powers of the special court under this act and any judge so designated shall be deemed to be a special court for the purposes of this act. vide maharashtra act 36 of , s. 3 1. subs. by act 26 of , s. 17, for sections 135 to 139 w.e.f. .

section 150. of the electricity act : 1 whoever abets an offence punishable under this act, shall, notwithstanding anything contained in the indian penal code 45 of , be punished with the punishment provided for the offence. 2 without prejudice to any penalty or fine which may be imposed or prosecution proceeding which may be initiated under this act or any other law for the time being in force, if any officer or other employee of the board or the licensee enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any theft of electricity is committed, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 1 3 notwithstanding anything contained in subsection 1 of section 135, subsection 1 of section 136, section 137 and section 138, the licence or certificate of competency or permit or such other authorisation issued under the rules made or deemed to have been made under this act to any person who acting as an electrical contractor, supervisor or worker abets the commission of an offence punishable under subsection 1 of section 135, subsection 1 of section 136, section 137, or section 138, on his conviction for such abetment, may also be cancelled by the licensing authority: provided that no order of such cancellation shall be made without giving such person an opportunity of being heard. explanation.for the purposes of this subsection, licencing authority means the officer who for the time being in force is issuing or renewing such licence or certificate of competency or permit or such other authorisation. 1. ins. by act 26 of , s. 14 w.e.f. .

section 151b. of the electricity act : 1151b. certain offences to be cognizable and nonbailable.notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under sections 135 to 140 or section 150 shall be cognizable and nonbailable. 1. ins. by s.16, ibid. w.e.f. .

section 151a. of the electricity act : 1 151a. power of police to investigate.for the purposes of investigation of an offence punishable under this act, the police officer shall have all the powers as provided in chapter xii of the code of criminal procedure, 2 of . 1. ins. by s.16, ibid. w.e.f. .

section 151. of the electricity act : no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made by the appropriate government or appropriate commission or any of their officer authorised by them or a chief electrical inspector or an electrical inspector or licensee or the generating company, as the case may be, for this purpose. 1provided that the court may also take cognizance of an offence punishable under this act upon a report of a police officer filed under section 173 of the code of criminal procedure, 2 of : provided further that a special court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial. state amendment karnataka substitution of section 151.for section 151 of the electricity act, central act 36 of , the following shall be substituted, namely: 151. institution of prosecution.no prosecution, shall be instituted against may person for any offence under this act or any rule, regulation, licence or order made or issued there under, except at the instance of the state government or a licencee or a generating company under the act or an officer authorised in this behalf by the state government or a licencee or a generating company or by any person affected by the act alleged to constitute the offence. vide karnataka act 12 of , s. 2 maharashtra substitution of section 151 of act 36 of .for section 151 of the electricity act, 36 of , in its application to the state of maharashtra hereinafter referred to as the principal act, the following section shall be substituted, namely: 151. cognizance of offences.no court shall take cognizance of an offence punishable under this act except, a upon a complaint in writing made by appropriate government or appropriate commission or any of their officer authorised by them or a chief electrical inspector or an electrical inspector or a licensee or the generating company, as the case may be, for this purpose or b upon a police report of facts which constitute an offence: provided that, such police report is based on the first information report filed a person who is authorised to file a complaint under clause a. vide maharashtra act 36 of , s. 2 1. ins. by s.15, ibid. w.e.f. .

section 154. of the electricity act : show related subordinates 1 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under 1 sections 135 to 140 and section 150 shall be triable only by the special court within whose jurisdiction such offence has been committed. 2 where it appears to any court in the course of any inquiry or trial that an offence punishable under 1sections 135 to 140 and section 150 in respect of any offence that the case is one which is triable by a special court constituted under this act for the area in which such case has arisen, it shall transfer such case to such special court, and thereupon such case shall be tried and disposed of by such special court in accordance with the provisions of this act: provided that it shall be lawful for such special court to act on the evidence, if any, recorded by any court in the case of presence of the accused before the transfer of the case to any special court: provided further that if such special court is of opinion that further examination, crossexamination and reexamination of any of the witnesses whose evidence has already been recorded, is required in the interest of justice, it may resummon any such witness and after such further examination, crossexamination or reexamination, if any, as it may permit, the witness shall be discharged. 3 the special court may, notwithstanding anything contained in subsection 1 of section 260 or section 262 of the code of criminal procedure, 2 of , try the offence referred to in 1sections 135 to 140 and section 150 in a summary way in accordance with the procedure prescribed in the said code and the provisions of sections 263 to 265 of the said code shall, so far as may be, apply to such trial: provided that where in the course of a summary trial under this subsection, it appears to the special court that the nature of the case is such that it is undesirable to try such case in summary way, the special court shall recall any witness who may have been examined and proceed to rehear the case in the manner provided by the provisions of the said code for the trial of such offence: provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding five years. 4 a special court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to, any offence tender pardon to such person on condition of his making a full and true disclosure of the circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code of criminal procedure, 2 of , be deemed to have been tendered under section 307 thereof. 5 the 2special court shall determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil court. 6 in case the civil liability so determined finally by the special court is less than the amount deposited by the consumer or the person, the excess amount so deposited by the consumer or the person, to the board or licensee or the concerned person, as the case may be, shall be refunded by the board or licensee or the concerned person, as the case may be, within a fortnight from the date of communication of the order of the special court together with interest at the prevailing reserve bank of india prime lending rate for the period from the date of such deposit till the date of payment. explanation.for the purposes of this section, civil liability means loss or damage incurred by the board or licensee or the concerned person, as the case may be, due to the commission of an offence referred to in 3sections 135 to 140 and section 150. state amendment maharashtra. amendment of section 154 of act 36 of .in section 154 of the principal act, for subsection 1, the following subsection shall be substituted, namely: 1 notwithstanding anything contained in the code of criminal procedure, 2 of , a every special court may take cognizance of an offence without the accused being committed to it for trial and b every offence punishable under sections 135 to 139 shall be triable only by the special court within whose jurisdiction such offence has been committed. vide maharashtra act 36 of , s. 4 1. subs. by act 26 of , s. 18 for sections 135 to 139 w.e.f. . 2. subs. by s. 18, ibid., for special court may w.e.f. . 3. subs. by act 26 of , s.18, for sections 135 to 139 w.e.f. .

section 155. of the electricity act : save as otherwise provided in this act, the code of criminal procedure, 2 of , in so far as they are not inconsistent with the provisions of this act, shall apply to the proceedings before the special court and for the purpose of the provisions of the said enactments, the special court shall be deemed to be a court of session and shall have all powers of a court of session and the person conducting a prosecution before the special court shall be deemed to be a public prosecutor.

section 161. of the electricity act : show related subordinates 1 if any accident occurs in connection with the generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the electrical inspector or such other person as aforesaid and to such other authorities as the appropriate government may by general or special order, direct. 2 the appropriate government may, if it thinks fit, require any electrical inspector, or any other person appointed by it in this behalf, to inquire and report a as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or b as to the manner in, and extent to, which the provisions of this act or rules and regulations made thereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with. 3 every electrical inspector or other person holding an inquiry under subsection 2 shall have all the powers of a civil court under the code of civil procedure, 5 of for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an electrical inspector be legally bound to do so within the meaning of section 176 of the indian penal code 45 of .

section 156. of the electricity act : the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 2 of , as if the special court within the local limits of the jurisdiction of the high court is a district court, or as the case may be, the court of session, trying cases within the local limits of jurisdiction of the high court.

section 157. of the electricity act : the special court may, on a petition or otherwise and in order to prevent miscarriage of justice, review its judgment or order passed under section 154, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record: provided that the special court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected. explanation.for the purposes of this part, special courts means the special courts constituted under subsection 1 of section 153.

section 158. of the electricity act : where any matter is, by or under this act, directed to be determined by arbitration, the matter shall, unless it is otherwise expressly provided in the licence of a licensee, be determined by such person or persons as the appropriate commission may nominate in that behalf on the application of either party but in all other respects the arbitration shall be subject to the provisions of the arbitration and conciliation act, 26 of .

section 159. of the electricity act : no person shall, in the generation, transmission, distribution, supply or use of electricity, in any way injure any railway, highway, airports, tramway, canal or waterway or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, airway, tramway, canal or waterway.

section 160. of the electricity act : 1 every person generating, transmitting, distributing, supplying or using electricity hereinafter in this section referred to as the operator shall take all reasonable precautions in constructing, laying down and placing his electric lines, electrical plant and other works and in working his system, so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephone or electric signalling communication, or the currents in such wire or line. 2 where any difference or dispute arises between the operator, and the telegraph authority as to whether the operator has constructed, laid down or placed his electric lines, electrical plant or other works, or worked his system, in contravention of subsection 1, or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the central government and the central government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric lines, electrical plant or works of the operator after the construction of such lines, plant or works, may direct the operator to make such alterations in, or additions to, his system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: provided that nothing in this subsection shall apply to the repair, renewal or amendment of any electric line or electrical plant so long as the course of the electric line or electrical plant and the amount and nature of the electricity transmitted thereby are not altered. 3 where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. explanation.for the purposes of this section, a telegraph line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signalling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric line, electrical plant or other work or by any use made thereof.

section 166. of the electricity act : show related subordinates the central government shall constitute a coordination forum consisting of the chairperson of the central commission and members thereof, the chairperson of the authority, representatives of generating companies and transmission licensees engaged in interstate transmission of electricity for smooth and coordinated development of the power system in the country. 2 the central government shall also constitute a forum of regulators consisting of the chairperson of the central commission and chairpersons of the state commissions. 3 the chairperson of the central commission shall be the chairperson of the forum of regulators referred to in subsection 2. 4 the state government shall constitute a coordination forum consisting of the chairperson of the state commission and members thereof representatives of the generating companies, transmission licensee and distribution licensees engaged in generation, transmission and distribution of electricity in that state for smooth and coordinated development of the power system in the state. 5 there shall be a committee in each district to be constituted by the appropriate government a to coordinate and review the extension of electrification in each district b to review the quality of power supply and consumer satisfaction c to promote energy efficiency and its conservation.

section 162. of the electricity act : show related subordinates 1 the appropriate government may, by notification, appoint duly qualified persons to be chief electrical inspector or electrical inspectors and every such inspector so appointed shall exercise the powers and perform the functions of a chief electrical inspector or an electrical inspector under this act and exercise such other powers and perform such other functions as may be prescribed within such areas or in respect of such class of works and electric installations and subject to such restrictions as the appropriate government may direct. 2 in the absence of express provision to the contrary in this act, or any rule made thereunder, an appeal shall lie from the decision of a chief electrical inspector or an electrical inspector to the appropriate government or if the appropriate government, by general or special order so directs, to an appropriate commission. state amendment karnataka amendment of section 162.in section 162 of the principal act, after subsection 2, the following shall be inserted, namely: 3 where no provision is made by central government or the authority in respect of powers and functions and qualifications of chief electrical inspector and electrical inspectors, the state government may by rules prescribe the same. vide karnataka act 39 of , s. 3

section 169., of appellate tribunal, appropriate commission to be public servants. of the electricity act : the chairperson, members, officers and other employees of the appellate tribunal and the chairperson, members, secretary, officers and other employees of the appropriate commission and the assessing officer referred to in section 126 shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 164. of the electricity act : show related subordinates the appropriate government may, by order in writing, for the placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for the proper coordination of works, confer upon any public officer, licensee or any other person engaged in the business of supplying electricity under this act, subject to such conditions and restrictions, if any, as the appropriate government may think fit to impose and to the provisions of the indian telegraph act, 13 of , any of the powers which the telegraph authority possesses under that act with respect to the placing of telegraph lines and posts for the purposes of a telegraph established or maintained, by the government or to be so established or maintained.

section 170. of the electricity act : any penalty payable by a person under this act, if not paid, may be recovered as if it were an arrear of land revenue.

section 165. of the electricity act : 1 in section 40, subsection 1 of clause b and section 41, subsection 5 of the land acquisition act, , the term work shall be deemed to include electricity supplied or to be supplied by means of the work to be constructed. 2 the appropriate government may, on recommendation of the appropriate commission in this behalf, if it thinks fit, on the application of any person, not being a company desirous of obtaining any land for its purposes, direct that he may acquire such land under the provisions of the land acquisition act, 1 of in the same manner and on the same conditions as it might be acquired if the person were a company.

section 163. of the electricity act : show related subordinates 1 a licensee or any person duly authorised by a licence may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which electricity is, or has been, supplied by him, of any premises or land, under, over, along, across, in or upon which the electric supplylines or other works have been lawfully placed by him for the purpose of a inspecting, testing, repairing or altering the electric supplylines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee or b ascertaining the amount of electricity supplied or the electrical quantity contained in the supply or c removing where a supply of electricity is no longer required, or where the licensee is authorised to take away and cut off such supply, any electric supplylines, meters, fittings, works or apparatus belonging to the licensee. 2 a licensee or any person authorised as aforesaid may also, in pursuance of a special order in this behalf made by an executive magistrate and after giving not less than twentyfour hours notice in writing to the occupier, a enter any premises or land referred to in subsection 1 for any of the purposes mentioned therein b enter any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer. 3 where a consumer refuses to allow a licensee or any person authorised as aforesaid to enter his premises or land in pursuance of the provisions of subsection 1 or, subsection 2, when such licensee or person has so entered, refuses to allow him to perform any act which he is authorised by those subsections to perform, or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twentyfour hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer.

section 167. of the electricity act : where any electric lines or electrical plant, belonging to a licensee are placed in or upon any premises or land not being in the possession of the licensee, such electric lines or electrical plant shall not be liable to be taken in execution under any process of any civil court or in any proceedings in insolvency against the person in whose possession the same may be.

section 168. of the electricity act : no suit, prosecution or other proceeding shall lie against the appropriate government or appellate tribunal or the appropriate commission or any officer of appropriate government, or any member, officer or other employee of the appellate tribunal or any members, officer or other employees of the appropriate commission or the assessing officer or any public servant for anything done or in good faith purporting to be done under this act or the rules or regulations made thereunder.

section 171. of the electricity act : show related subordinates 1 every notice, order or document by or under this act required, or authorised to be addressed to any person may be served on him by delivering the same after obtaining signed acknowledgement receipt therefor or by registered post or such means of delivery as may be prescribed a where the appropriate government is the addressee, at the office of such officer as the appropriate government may prescribe in this behalf b where the appropriate commission is the addressee, at the office of the appropriate commission c where a company is the addressee, at the registered office of the company or, in the event of the registered office of the company not being in india, at the head office of the company in india d where any other person is the addressee, at the usual or last known place of abode or business of the person. 2 every notice, order or document by or under this act required or authorised to be addressed to the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises naming the premises, and may be served by delivering it, or a true copy thereof, to some person on the premises, or if there is no person on the premises to whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.

section 172. of the electricity act : notwithstanding anything to the contrary contained in this act, a a state electricity board constituted under the repealed laws shall be deemed to be the state transmission utility and a licensee under the provisions of this act for a period of one year from the appointed date or such earlier date as the state government may notify, and shall perform the duties and functions of the state transmission utility and a licensee in accordance with the provisions of this act and rules and regulations made thereunder: provided that the state government may, by notification, authorise the state electricity board to continue to function as the state transmission utility or a licensee for such further period beyond the said period of one year as may be mutually decided by the central government and the state government b all licences, authorisations, approvals, clearances and permissions granted under the provisions of the repealed laws may, for a period not exceeding one year from the appointed date or such earlier period, as may be notified by the appropriate government, continue to operate as if the repealed laws were in force with respect to such licences, authorisations, approvals, clearances and permissions, as the case may be, and thereafter such licences, authorisations, approvals, clearances and permissions shall be deemed to be licences, authorisations, approvals, clearances and permission under this act and all provisions of this act shall apply accordingly to such licences, authorisations, approvals, clearances and permissions c the undertaking of the state electricity boards established under section 5 of the electricity supply act, 54 of may after the expiry of the period specified in clause a be transferred in accordance with the provisions of part xiii of this act d the state government may, by notification, declare that any or all the provisions contained in this act, shall not apply in that state for such period, not exceeding six months from the appointed date, as may be stipulated in the notification.

section 178. of the electricity act : show related subordinates 1 the central commission may, by notification make regulations consistent with this act and the rules generally to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the power contained in subsection 1, such regulations may provide for all or any of following matters, namely: a period to be specified under the first proviso to section 14 b the form and the manner of the application under subsection 1 of section 15 c the manner and particulars of notice under subsection 2 of section 15 d the conditions of licence under section 16 e the manner and particulars of notice under clause a of subsection 2 of section 18 f publication of alterations or amendments to be made in the licence under clause c of subsection 2 of section 18 g grid code under subsection 2 of section 28 h levy and collection of fees and charge from generating companies or transmission utilities or licensees under subsection 4 of section 28 i rates, charges and terms and conditions in respect of intervening transmission facilities under proviso to section 36 j payment of the transmission charges and a surcharge under subclause ii of clause d of subsection 2 of section 38 k reduction 1 of surcharge and cross subsidies under second proviso to subclause ii of clause d of subsection 2 of section 38 l payment of transmission charges and a surcharge under subclause ii of clause c of section 40 m reduction 1 of surcharge and crosssubsidies under the second proviso to subclause ii of clause c of section 40 n proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41 o duties of electricity trader under subsection 2 of section 52 p standards of performance of a licensee or class of licensees under subsection 1 of section 57 q the period within which information to be furnished by the licensee under subsection 1 of section 59 2r the manner of reduction of crosssubsidies under clause g of section 61 s the terms and conditions for the determination of tariff under section 61 t details to be furnished by licensee or generating company under subsection 2 of section 62 u the procedures for calculating the expected revenue from tariff and charges under subsection 5 of section 62 v the manner of making an application before the central commission and the fee payable therefor under subsection 1 of section 64 w the manner of publication of application under subsection 2 of section 64 x issue of tariff order with modifications or conditions under subsection 3 of section 64 y the manner by which development of market in power including trading specified under section 66 z the powers and duties of the secretary of the central commission under subsection 1 of section 91 za the terms and conditions of service of the secretary, officers and other employees of central commission under subsection 3 of section 91 zb the rules of procedure for transaction of business under subsection 1 of section 92 zc minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under subsection 8 of section 128 zd the manner of service and publication of notice under section 130 ze any other matter which is to be, or may be, specified by regulations. 3 all regulations made by the central commission under this act shall be subject to the conditions of previous publication. 1. the words and elimination omitted by act 26 of , s. 20 w.e.f. . 2. subs. by s. 20, ibid., for clause r w.e.f. .

section 173. of the electricity act : nothing contained in this act or any rule or regulation made thereunder or any instrument having effect by virtue of this act, rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the consumer protection act, 68 of or the atomic energy act, 33 of or the railways act, 24 of .

section 174. of the electricity act : save as otherwise provided in section 173, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 175. of the electricity act : the provisions of this act are in addition to and not in derogation of any other law for the time being in force.

section 176. of the electricity act : show related subordinates 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which the objection and suggestions on the draft national electricity plan to be invited by the authority under the proviso to subsection 4 of section 3 b the additional requirements 1 relating to the capital adequacy, creditworthiness or code of conduct under sixth proviso to section 14 c the payment of fees for application for grant of licence under subsection 1 of section 15 d the constitution and functions of the national load despatch centre under subsection 2 of section 26 e the works of licensees affecting the property of owner or occupier under subsection 2 of section 67 f such other cases which may be prescribed under clause c of subsection 2 of section 68 g allowances and fees payable to others members for attending the meetings of authority under subsection 14 of section 70. h other terms and conditions of service of the chairperson and members of the authority under subsection 15 of section 70 i the functions and duties of the central electricity authority under section 73 j the salary, allowances and other conditions of service of chairperson and member of central commission under subsection 2 of section 89 k the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under subsection 3 of section 89 l the procedure to be prescribed by the central government under the proviso to subsection 2 of section 90 m any other matter required to be prescribed under clause g of subsection 1 of section 94 n the form in which the central commission shall prepare its annual statement of accounts under subsection 1 of section 100 o the form in which and time at which the central commission shall prepare its annual report under subsection 1 of section 101 p the form in which and time at which the central commission shall prepare its budget under section 106 q the form and the manner of verifying such form, and fee for filing appeal under subsection 2 of section 111 r the salary and allowances payable to and the other terms and conditions of service of the chairperson of the appellate tribunal and members of the appellate tribunal under section 115 s the salary and allowances and other conditions of service of the officers and employees of the appellate tribunal under subsection 3 of section 119 t the additional matters in respect of which the appellate tribunal may exercise the powers of a civil court under clause i of subsection 2 of section 120 u the authority to whom the appeal shall be filed under subsection 1 of section 127 v manner of holding inquiry by an adjudicating officer under subsection 1 of section 143 w the form in which and the time at which service of notices to any person or to the central government for the purpose under subsection 1 of section 161 x the powers to be exercised and the functions to be performed by the inspectors under subsection 1 of section 162 y the manner of delivery of every notice, order or document to be served under subsection 1 of section 171 z any other matter which is required to be, or may be, prescribed. 1. subs. by act 26 of , s. 19, for including the capital adequacy, creditworthiness or code of conduct w.e.f. .

section 177. of the electricity act : show related subordinates 1 the authority may, by notification, make regulations consistent with this act and the rules generally to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the power conferred in subsection 1, such regulations may provide for all or any of the following matters, namely: a the grid standards under section 34 b suitable measures relating to safety and electric supply under section 53 c the installation and operation of meters under section 55 d the rules of procedure for transaction of business under subsection 9 of section 70 e the technical standards for construction of electrical plants and electric lines and connectivity to the grid under clause b of section 73 f the form and manner in which and the time at which the state government and licensees shall furnish statistics, returns or other information under section 74 g any other matter which is to be, or may be, specified. 3 all regulations made by the authority under this act shall be subject to the conditions of previous publication.

section 179. of the electricity act : every rule made by the central government, every regulation made by the authority, and every regulation made by the central commission shall be laid, as soon as may be after it is made, before each house of the parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 180. of the electricity act : show related subordinates 1 the state government may, by notification, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namely: a the payment of fees for application for grant of licence under subsection 1 of section 15 b the works of licensees affecting the property of other persons under subsection 2 of section 67 c such other matters which may be prescribed under clause c of subsection 2 of section 68 d the salary, allowances and other terms and conditions of service of the chairperson and members of the state commission under subsection 2 of section 89 e the form and manner in which and the authority before whom oath of office and secrecy should be subscribed under subsection 3 of section 89 f any other matter required to be prescribed by the state commission under clause g of subsection 1 of section 94 g the manner of applying the fund under subsection 3 of section 103 h the form in which and time at which the state commission shall prepare its annual accounts under subsection 1 of section 104 i the form in which and time at which the state commission shall prepare its annual report under subsection 1 of section 105 j the form in which and time at which the state commission shall prepare its budget under section 106 k manner of service of provisional order of assessment under subsection 2 of section 126 l manner of holding inquiry by an adjudicating officer under subsection 1 of section 143 m the form in which and the time at which notice to the electrical inspector under subsection 1 of section 161 n the manner of delivery of every notice, order or document under subsection 1 of section 171 and o any other matter which is required to be, or may be, prescribed. state amendment karnataka amendment of section 180.in section 180 of the principal act, in subsection 2, a after clause a, the following shall be inserted, namely: aa subject to section 53, i regarding procedure of inspection by the chief electrical inspector and electrical inspectors ii regarding terms and conditions and manner of issue of licence to electrical contractors, permit to supervisors and wireman and competency certificates iii manner of scrutiny and approval of electrical installation drawings iv levy of fee for inspections and other services rendered by the chief electrical inspector and electrical inspectors v manner of collection of fee and if not remitted within the stipulated time to recover the same as arrears of land revenue. b after clause m, the following shall be inserted, namely: mm subject to section 162 regarding powers and functions and qualifications of the chief electrical inspector and electrical inspectors. vide karnataka act 39 of , s. 4

section 185. of the electricity act : show related subordinates 1 save as otherwise provided in this act, the indian electricity act, 9 of , the electricity supply act, 54 of and the electricity regulatory commissions act, 14 of 998 are hereby repealed. 2 notwithstanding such repeal, a anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or any direction given under the repealed laws shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act b the provisions contained in sections 12 to 18 of the indian electricity act, 9 of and rules made thereunder shall have effect until the rules under section 67 to 69 of this act are made c the indian electricity rules, made under section 37 of the indian electricity act, 9 of as it stood before such repeal shall continue to be in force till the regulations under section 53 of this act are made d all rules made under subsection 1 of section 69 of the electricity supply act, 54 of shall continue to have effect until such rules are rescinded or modified, as the case may be e all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued by the state government. 3 the provisions of the enactments specified in the schedule, not inconsistent with the provisions of this act, shall apply to the states in which such enactments are applicable. 4 the central government may, as and when considered necessary, by notification, amend the schedule. 5 save as otherwise provided in subsection 2, the mention of particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of , with regard to the effect of repeals.

section 181. of the electricity act : show related subordinates 1 the state commissions may, by notification, make regulations consistent with this act and the rules generally to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the power contained in subsection 1, such regulations may provide for all or any of the following matters, namely: a period to be specified under the first proviso to section 14 b the form and the manner of application under subsection 1 of section 15 c the manner and particulars of application for licence to be published under subsection 2 of section 15 d the conditions of licence section 16 e the manner and particulars of notice under clause a of subsection 2 of section 18 f publication of the alterations or amendments to be made in the licence under clause c of subsection 2 of section 18 g levy and collection of fees and charges from generating companies or licensees under subsection 3 of section 32 h rates, charges and the terms and conditions in respect of intervening transmission facilities under proviso to section 36 i payment of the transmission charges and a surcharge under subclause ii of clause d of subsection 2 of section 39 j reduction 1 of surcharge and cross subsidies under second proviso to subclause ii of clause d of subsection 2 of section 39 k manner and utilisation of payment and surcharge under the fourth proviso to subclause ii of clause d of subsection 2 of section 39 l payment of the transmission charges and a surcharge under subclause ii of clause c of section 40 m reduction 1 of surcharge and cross subsidies under second proviso to subclause ii of clause c of section 40 n the manner of payment of surcharge under the fourth proviso to subclause ii of clause c of section 40 o proportion of revenues from other business to be utilised for reducing the transmission and wheeling charges under proviso to section 41 p reduction 1 of surcharge and crosssubsidies under the third proviso to subsection 2 of section 42 q payment of additional charges on charges of wheeling under subsection 4 of section 42 r guidelines under subsection 5 of section 42 s the time and manner for settlement of grievances under subsection 7 of section 42 t the period to be specified by the state commission for the purposes specified under subsection 1 of section 43 u methods and principles by which charges for electricity shall be fixed under subsection 2 of section 45 v reasonable security payable to the distribution licensee under subsection 1 of section 47 w payment of interest on security under subsection 4 of section 47 x electricity supply code under section 50 y the proportion of revenues from other business to be utilised for reducing wheeling charges under proviso to section 51 z duties of electricity trader under subsection 2 of section 52 za standards of performance of a licensee or a class of licensees under subsection 1 of section 57 zb the period within which information to be furnished by the licensee under subsection 1 of section 59 2zc the manner of reduction of crosssubsidies under clause g of section 61 zd the terms and conditions for the determination of tariff under section 61 ze details to be furnished by licensee or generating company under subsection 2 of section 62 zf the methodologies and procedures for calculating the expected revenue from tariff and charges under subsection 5 of section 62 zg the manner of making an application before the state commission and the fee payable therefor under subsection 1 of section 64 zh issue of tariff order with modifications or conditions under subsection 3 of section 64 zi the manner by which development of market in power including trading specified under section 66 zj the powers and duties of the secretary of the state commission under subsection 1 of section 91 zk the terms and conditions of service of the secretary, officers and other employees of the state commission under subsection 2 of section 91 zl rules of procedure for transaction of business under subsection 1 of section 92 zm minimum information to be maintained by a licensee or the generating company and the manner of such information to be maintained under subsection 8 of section 128 zn the manner of service and publication of notice under section 130 zo the form of preferring the appeal and the manner in which such form shall be verified and the fee for preferring the appeal under subsection 1 of section 127 zp any other matter which is to be, or may be, specified. 3 all regulations made by the state commission under this act shall be subject to the condition of previous publication. 1. the words and elimination omitted by act 26 of , s. 21 w.e.f. . 2. subs. by s. 21, ibid., for clause zc w.e.f. .

section 182. of the electricity act : every rule made by the state government and every regulation made by the state commission shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house.

section 184. of the electricity act : the provisions of this act shall not apply to the ministry or department of the central government dealing with defence, atomic energy or such other similar ministries or departments or undertakings or boards or institutions under the control of such ministries or departments as may be notified by the central government.

section 183. of the electricity act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 7. of the courtfees act : show related subordinates the amount of fee payable under this act in the suits next hereinafter mentioned shall be computed as follows: for money.i in suits for money including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodicallyaccording to the amount claimed. for maintenance and annuities.ii in suits for maintenance and annuities or other sums payable periodicallyaccording to the value of the subjectmatter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year: for other movable property having a marketvalue. iii in suits for movable property other than money, where the subjectmatter has a marketvalueaccording to such value at the date of presenting the plaint iv in suits for movable property of no marketvalue.a for movable property where the subjectmatter has no marketvalue, as, for instance, in the case of documents relating to title, to enforce a right to share in joint family property.b to enforce the right to share in any property on the ground that it is joint family property, for a declaratory decree and consequential relief.c to obtain a declaratory decree or order, where consequential relief is prayed, for an injunction.d to obtain an injunction, for easements.e for a right to some benefit not herein otherwise provided for to arise out of land, and for accounts.f for accounts according to the amount at which the relief sought is valued in the plaint or memorandum of appeal : in all such suits the plaintiff shall state the amount at which he values the relief sought 1: for possession of land, houses and gardens.v in suits for the possession of land, houses and gardensaccording to the value of the subjectmatter and such value shall be deemed to be where the subjectmatter is land, and a where the land forms an entire estate, or a definite share of an estate, paying annual revenue to government, or forms part of such an estate and is recorded in the collectors register as separately assessed with such revenue, and such revenue is permanently settled ten times the revenue so payable: b where the land forms an entire estate, or a definite share of an estate, paying annual revenue to government, or forms part of such estate and is recorded as aforesaid and such revenue is settled, but not permanently five times the revenue so payable: c where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue, and nett profits have arisen from the land during the year next before the date of presenting the plaint fifteen times such nett profits: but where no such nett profits have arisen therefromthe amount at which the court shall estimate the land with reference to the value of similar land in the neighbourhood : d where the land forms part of an estate paying revenue to government, but is not a definite share of such estate and is not separately assessed as abovementionedthe marketvalue of the land: proviso as to bombay presidency.provided that, in the 2territories subject to the governor of bombay in council, the value of the land shall be deemed to be 1 where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to governmenta sum equal to five times the surveyassessment 2 where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to governmenta sum equal to ten times the surveyassessment and 3 where the whole or any part of the annual surveyassessment is remitteda sum computed under paragraph 1 or paragraph 2 of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted explanation.the word estate, as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to government, or which, in the absence of such engagement, shall have been separately assessed with revenue: for houses and gardens. e where the subjectmatter is a house or garden according to the marketvalue of the house or garden: to enforce a right of preemption.vi in suits to enforce a right of preemptionaccording to the value computed in accordance with paragraph v of this section of the land, house or garden in respect of which the right is claimed: for interest of assignee of land revenue.vii in suits for the interest of an assignee of land revenuefifteen times his nett profits as such for the year next before the date of presenting the plaint to set aside an attachment.viii in suits to set aside an attachment of land or of an interest in land or revenueaccording to the amount for which the land or interest was attached: provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest. to redeem.ix in suits against a mortgagee for the recovery of the property mortgaged, to foreclose.and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute according to the principal money expressed to be secured by the instrument of mortgage : for specific performance.x in suits for specific performance a of a contract of saleaccording to the amount of the consideration : b of a contract of mortgageaccording to the amount agreed to be secured : c of a contract of leaseaccording to the aggregate amount of the fine or premium if any and of the rent agreed to be paid during the first year of the term : d of an awardaccording to the amount or value of the property in dispute : between landlord and tenant.xi in the following suits between landlord and tenant: a for the delivery by a tenant of the counterpart of a lease, b to enhance the rent of a tenant having a right of occupancy, c for the delivery by a landlord of a lease, 3cc for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy, d to contest a notice of ejectment, e to recover the occupancy of 4immovable property from which a tenant has been illegally ejected by the landlord, and f for abatement of rent according to the amount of the rent of the 4immovable property to which the suit refers, payable for the year next before the date of presenting the plaint. state amendment orissa amendment of section 7 of act 7 of .in section 7 of the principal act, for the words in the suits next hereinafter mentioned the words in the suits next hereinafter mentioned except suits for relief under section 14 of the religious endowments act, , or under section 91 or section 92 of the code of civil procedure, , shall be substituted. vide orissa act 5 of , s. 5 amendment of section 7ii of act 7 of .in section 7ii of the principal act, after the words shall be deemed to be the words in suits for maintenance five times and in other suits shall be inserted. vide orissa act 5 of , s. 6 amendment of section 7iv of act 7 of .clause b of section 7iv of the principal act shall be omitted. vide orissa act 5 of , s. 7 insertion new paragraph in section 7 of act 7 of .in section 7 of the principal act after paragraph iv the following paragraph shall be inserted: iva. in a suit for cancellation of a decree for money or other property having a money value, or other document securing money or other property having such value, according to the value of the subjectmatter of the suit, and such value shall be deemed to be if the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document executed, if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property. explanation.in any case where a suit for the cancellation of a whole decree for money or other property having a money value, or other document securing money or other property having such value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount or the decree was passed or the other document as executed, the value of the subject matter of the suit shall be deemed to be such part of the amount or value of the property in respect of which the relief is sought. vide orissa act 5 of , s. 8 amendment paragraph v of section 7 of act 7 of .in paragraph v of section 7 of the principal act, 1 in clause a, for the word ten the word ten shall be substituted 2 in clause b, for the word five the word ten shall be substituted 3 the following proviso shall be inserted after the existing proviso: provided further that in suits for possession of land if rules are framed under section 3 of the suits valuation act, 7 of , for determining the value for the purposes of jurisdiction, the value so determined shall be deemed to be the value of the hand for the purposes of this paragraph and 4 the existing explanation shall be renumbered as explanation i, and, after the explanation so renumbered, the following explanation shall be added, namely: explanation ii.in this paragraph, building includes a house, outhouse, stable, privy, urinal, shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever. vide orissa act 5 of , s. 9 insertion of new paragraph via in section 7 of act 7 of .in section 7 of the principal act after paragraph vi the following paragraph shall be inserted: via. in suits for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property if the plaintiff alleges that he has been excluded from possession of the property of which he claims to be a coparcener or coowneraccording to the marketvalue of the share in respect of which the suit is instituted. explanation.the word possession for the purposes of this paragraph includes constructive possession. vide orissa act 5 of , s. 10 haryana amendment of section 7 of act 7 of . in section 7 of the court fees act, hereinafter referred to as the principal act, a in the first proviso to clause iv, for the words thirteen rupees, the words twentyfive rupees shall be substituted and b for clause v, the following clause shall be substituted, namely : v in suits for the possession of land, houses and gardens, according to the value of the subject matter and such value shall be deemed to be, a where the subject matter is land, according to the market value thereof which shall be deemed to be, i in the case of land which is irrigated by perennial canal, two thousand rupees per acre ii in the case of land which is irrigated by nonperennial canal or by well, one thousand and five hundred rupees per acre iii in the case of land which is barani, one thousand rupees per acre iv in the case of land which is sailab or bhud, seven hundred and fifty rupees per acre and v in the case of land which is thur, sem, banjar or of like nature, five hundred rupees per acre and b where the subject matter is house or garden, according to its market value . vide haryana act 11 of , s. 2 haryana amendment of section 7 of act 7 of .in section 7 of the court fees act, hereinafter referred to as the principal act, for subclauses a and b of clause r, the following subclauses shall be substituted, namely : a where the subject matter is land other than land situated within municipal limits or abadi deh whether under cultivation or not according to the market value thereof which shall be deemed to be, i in the case of land which is irrigated by perennial canal, sixty rupees per acre ii in the case of land which is irrigated by nonperennial canal or by well, fifty rupees per acre and iii in the case of land which is barani, sailab, bhud, thur, sem, banjar or of like nature, thirty rupees per acre and b where the subject matter is house, garden, or land situated within municipal limits or abadi deh whether under cultivation or not, according to its market value , vide haryana act 22 of , s. 2 1. the words and the provisions of the code of civil procedure, section thirtyone, shall apply as if, for the word claim, the words relief sought, were substituted omitted by act 12 of , s. 3 and the first schedule. 2. see para.8 of the a.o. . in view of this provision the expression governor of bombay in council has been left unmodified. 3. ins. by act 6 of , s. 2. 4. subs. by s. 2, ibid., for land

section 1. of the courtfees act : show related subordinates this act may be called the courtfees act, . extent of act. it extends to the whole of india except 1the territories which, immediately before the 1st november, , were comprised in part b states commencement of act. and it shall come into force on the first day of april, . 1. subs. by the adaptation of laws no. 2 order, , for part b states.

section 1a. of the courtfees act : 11a. definition of appropriate government.in this act the appropriate government means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the central government, that government, and in relation to any other fees or stamps, the state government. 1. ins. by the a.o. .

section 2.. of the courtfees act : 1 chief controlling revenueauthority defined. rep. by the a. o. . state amendment orissa amendment of section 2 of act 7 of .for section 2 of the court fees act, , hereinafter called the principal act, the following section shall be substituted: 2. definition.in this act, unless there is anything repugnant in the subject or context, 1 appeal includes a cross objection 2 suit includes an appeal from a decree except in section 8a. vide orissa act 5 of , s. 3 1. the s. 2 relating to repeal of enactments was rep. by the repealing act, 14 of . a section defining chief controlling revenueauthority was added by s. 2 of the courtfees amendment act, 10 of , and was slightly amended by the repealing and amending act, 24 of . for the definition of the chief controlling revenueauthority see now the general clauses act, 10 of , s. 310. the a.o. rep. s. 2 as in force elsewhere than in bengal. in that province the section subs. by the courtfees bengal amendment act, ben. 7 of , s. 3 contains definitions of appeal, chief controlling revenueauthority, collector and suit.

section 6., in mofussil courts or in public offices. of the courtfees act : except in the court hereinbefore mentioned, no document of any of the kinds specified as chargeable in the first or second schedule to this act annexed shall be filed, exhibited or recorded in any court of justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document. state amendment orissa amendment of section 6 of act 7 of .section 6 of the principal act shall be renumbered as subsection 1 of section 6 and , after the said subsection, the following subsection shall be inserted: 2 notwithstanding anything contained in subsection 1, the provincial government may, by notification, direct that a copy of a document, specified as chargeable in schedules i and ii to this act annexed, shall be furnished by a public officer without payment of the fee indicated by either of the said schedules as the proper fee for such copy and the copy so furnished shall be chargeable with the requisite fee only when it is filed, exhibited or recorded in any court of justice or received by a public officer as mentioned in subsection 1. vide orissa act 5 of , s. 4 state amendment uttar pradesh amendment of section 6 of act 7 of .in section 6 of the court fees act, as amended in its application to uttar pradesh, hereinafter, in this chapter referred to as the principal act, a in subsection 1, in the first proviso, for the words the united provinces tenancy act, , or the united provinces land revenue act, , the words any law relation to land tenures or land revenue shall be substituted b in subsection 6, for the words chief inspector of stamps the words commission of stamps shall be substituted. vide uttar pradesh act 6 of , s. 2 amendment of section 6a.in section 6a of the principal act, in subsection 3, for the words chief inspector of stamps, the words commissioners of stamps shall be substituted. vide uttar pradesh act 6 of , s. 3 amendment of section 6b.in section 6b of the principal act, in subsection 1, for the words chief inspector of stamps, the words commissioner of stamps shall be substituted. vide uttar pradesh act 6 of , s. 4

section 4., in high courts in their extraordinary jurisdiction. of the courtfees act : no document of any of the kinds specified in the first or second schedule to this act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the said high courts in any case coming before such court in the exercise of its extraordinary original civil jurisdiction or in the exercise of its extraordinary original criminal jurisdiction in their appellate jurisdiction.or in the exercise of its jurisdiction as regards appeals from the 1judgments other than judgments passed in the exercise of the ordinary original civil jurisdiction of the court of one or more judges of the said court, or of a division court or in the exercise of its jurisdiction as regards appeals from the courts subject to its superintendence as courts of reference and revision.or in the exercise of its jurisdiction as a court of reference or revision unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said schedules as the proper fee for such document. state amendment uttar pradesh amendment of section 4 of act vii of .in the marginal heading to the first clause of section 4 of the court fees act, , as amended from time to time in its application to uttar pradesh for the words in the high courts in their ordinary or extraordinary jurisdiction shall be substitution. vide uttar pradesh act x of , s. 2 amendment of section 4 of act vii of .in section 4 of the court fees act, , as amended from time to time in its application to uttar pradesh 1 for the words any of the said high courts, the words the high court of judicature at allahabad shall be substituted 2 between the words in the exercise of its and the words extraordinary original civil jurisdiction, the words ordinary or shall be inserted 3 between the words in the exercise of its and the words extraordinary original criminal jurisdiction, the words ordinary or shall be inserted and 4 after the subparagraph or in the exercise of its jurisdiction as a court of reference or revision, the following subparagraphs shall be added or in the exercise of its jurisdiction to issue direction the exercise of nation, orders or writs under the jurisdiction to issue constitution of india or in the exercise of jurisdiction in any other in the exercise of any other jurisdiction matter. vide uttar pradesh act x of , s. 3 1. subs. by act 19 of , s. 2, for judgment of two.

section 3. of the courtfees act : the fees payable for the time being to the clerks and officers other than the sheriffs and attorneys of 1 the 2 high courts other than those of kerala, mysore and rajasthan, or chargeable in each of such courts under no. 11 of the first, and nos. 7, 12, 14,3 20 and 21 of the second, schedule to this act annexed levy of fees in presidency small cause courts.and the fees for the time being chargeable in the courts of small causes at the 4 presidencytowns, and their several offices shall be collected in manner hereinafter appearing. 1. subs by the a.o., for the courts which are high courts for the purposes of the government of india act, . 2. subs. by the adaptation of laws no. 2 order, , for high courts for part a states. 3. the number 16 rep. by act 12 of . 4. see the presidency small cause courts act, 15 of , ch. x.

section 5. of the courtfees act : when any difference arises between the officer whose duty it is to see that any fee is paid under this chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the said high courts, be referred to the taxingofficer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the chief justice of such high court, or of such judge of the high court as the chief justice shall appoint either generally or specially in this behalf. when any such difference arises in any of the said courts of small causes, the question shall be referred to the clerk of the court, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the first judge of such court. the chief justice shall declare who shall be taxingofficer within the meaning of the first paragraph of this section.

section 8. of the courtfees act : the amount of fee payable under this act on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the 1acquisition of land for public purposes, shall be computed according to the difference between the amount awarded and the amount claimed by the appellant. state amendments orissa insertion of new section 8a in act 7 of .after section 8 of the principal act, the following section shall be inserted: 8a. statement of particulars of subjectmatters of suits and plaintiffs valuation thereof.in every suit in which an advalorem courtfee is payable under this act on the plaint, the plaintiff shall file with the plaint a statement of particulars of the subjectmatter of the suit ad his own valuation thereof unless such particulars and the valuation are contained in the plaint. the statement shall be in such form and shall contain such particulars as may be prescribed by the provincial government by notification in the gazette. in every such suit the plaintiff shall also, if the court so directs, file a duplicate copy of the plaint and of the said statement. vide orissa act 5 of , s. 11 haryana amendment of section 8 of central act 7 of .to section 8 of the court fees act, , hereinafter called the principal act, the following proviso, shall be added, namely: provided that the fixed court fee of one hundred rupees shall be payable on the memorandum of a appeal or cross objections before the high court arising under the land acquisition act, or any other law for the time being in force for acquisition of land for public purposes.. vide haryana act 3 of , s. 2 1. see now the land acquisition act, 1 of .

section 15. of the courtfees act : refund where court reverses or modifies its former decision on ground of mistake. where an application for a review of judgment is admitted, and where, on the rehearing, the court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the court authorising him to receive back from the collector so much of the fee paid on the 1application as exceeds the fee payable on any other application to such court under the second schedule to this act, no. 1, clause b or clause d. but nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. 1. subs. by act 20 of , s. 1, for plaint or memorandum of appeal.

section 10. of the courtfees act : i if in the result of any such investigation the court finals that the nett profits or marketvalue have or has been wrongly estimated, the court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the court shall require the plaintiff to pay so much additional fee as would have been payable had the said marketvalue or nett profits been rightly estimated. ii in such case the suit shall be stayed until the additional fee is paid. if the additional fee is not paid within such time as the court shall fix, the suit shall be dismissed. 1 1. clause iii rep. by act 12 of , s. 3 and the first schedule.

section 9. of the courtfees act : if the court sees reason to think that the annual nett profits or the marketvalue of any such land, house or garden as is mentioned in section 7, paragraphs v and vi, have or has been wrongly estimated, the court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the court.

section 11. of the courtfees act : in suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. if the additional fee is not paid within such time as the court shall fix, the suit shall be dismissed. state amendment orissa amendment of section 11 of act 7 of .for the second paragraph of section 11 of the principal act the following paragraphs shall be substituted: where a decree directs an enquiry as to mesneprofits which have accrued on the property during a period prior to the institution of the suit, if the profits ascertained on such inquiry exceed the profits claimed, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. if the additional fee is not paid within such time as the court shall fix, the claim for the excess shall be dismissed, unless the court, for sufficient cause, extends the time for payment. where a decree directs an inquiry as to mesnoprofits from the institution of the suit and a final decree is passed in accordance with the result of such inquiry , the decree shall not be executed until such fee is paid would have been payable on the amount claimed in execution if a separate suit had been instituted therefor. vide orissa act 5 of , s. 12

section 16.. of the courtfees act : additional fee where respondent takes objection to unappealed part of decree. rep. by the code of civil procedure, 5 of .

section 12. of the courtfees act : i every question relating to valuation for the purpose of determining the amount of any fee chargeable under this chapter on a plaint or memorandum of appeal, shall be decided by the court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit. ii but whenever any such suit comes before a court of appeal, reference or revision, if such court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph ii, shall apply. state amendment orissa amendment of section 12 of act 7 of . 1 in section 12 of the principal act, for paragraph ii, the following paragraph shall be substituted: ii. but whenever any such suit comes before a court of appeal, reference or revision, if such court considers that the said question has been wrongly decided, it shall a in any case in which the decision is to the detriment of revenue, require the party by whom such fee has been paid, to pay so much additional fee as would have been payable had the question been rightly decided and thereafter i if the party required to pay is the appellant or petitioner, the appeal or petition shall be stayed until the additional fee is paid. if the additional fee is not paid within such time as the court shall fix, the appeal or petition shall be dismissed ii if the party required to pay its the respondent or the opposite party, the court shall fix a date before which such party shall pay the amount of court fee due from him and, if such party fails to pay the fee required before the date fixed by the court, the court shall recover the amount of such fee from him as if it were an arrear of land revenue. where the court considers that the amount of such fee should be paid to the respondent or the opposite party by the appellant or the petitioner, as the case may be , the court may provide for such payment in the order as to costs in the said appeal or petition and b in any case in which the decision is that any excess fee has been levied, direct the refund of so much excess fee to the party who paid it as would not have been payable had the question been rightly decided. explanation.for the purposes of this section a question relating to the classification of any suit in regard to section 7 shall not be deemed to be a question relating to valuation. vide orissa act 5 of , s. 13

section 14. of the courtfees act : where an 1 application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the court, unless the delay was caused by the applicants laches, may, in its discretion, grant him a certificate authorizing him to receive back from the collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before 2 such day. 1. as to application for review of judgment, see the code of civil procedure, act 5 of , s. 114 and order xlvii of the first schedule. 2. see the first schedule, nos. 4 and 5, infra.

section 13. of the courtfees act : if an appeal or plaint, which has been rejected by the lower court on any of the grounds mentioned in the 1code of civil procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in 2 section 351 of the same code, for a second decision by the lower court, the appellate court shall grant to the appellant a certificate, authorizing him to receive back from the collector the full amount of fee paid on the memorandum of appeal: provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subjectmatter of the suit, the certificate so granted shall not authorize the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subjectmatter in respect whereof the suit has been remanded. state amendment orissa amendment of section 13.in the courtfees act, 7 of , a for the marginal heading to section 13, the following marginal heading shall be substituted, namely: refund of fee paid on memorandum of appeal and in cases where compromise or settlement has been arrived at by a lok adalat. b section 13 shall be renumbered as subsection 1 thereof and i in subsection 1 as so renumbered, for the words and figures the code of civil procedure and section 351 of the same code, the words and figures the code civil procedure, and rule 23 of order xli of the first schedule to the said code shall respectively be substituted and ii after subsection 1 as so renumbered, the following new subsection shall be inserted, namely: 2 where a compromise or settlement has been arrived at, by a lok adalat in a case referred to it under subsection 1 of section 20 of the legal services authorities act, 39 of , the court by which the case was so referred to the lok adalat shall grant a certificate to the party or every party to the case who paid any courtfee in that case, authorizing him to receive back from the collector the full amount of the fee so paid.. vide orissa act 7 of , s. 2 1. see now the code of civil procedure, act 5 of . 2. this reference should now be read as applying to the corresponding provision of act 5 of , i.e., order xli, rule 23 of the first schedule.

section 19b. of the courtfees act : 119b. relief where debts due from a deceased person have been paid out of his estate. whenever it is proved to the satisfaction of such authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less courtfee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this act, such authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. but when by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. 1. ins. by act 13 of , s. 6.

section 17. of the courtfees act : where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this act. nothing in the former part of this section shall be deemed to affect the power conferred by the 1code of civil procedure, section 9. 1. see now the code of civil procedure, act 5 of .

section 19e. of the courtfees act : 119e. provision for case where too low a courtfee has been paid on probates, etc. where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be, and has in consequence paid too low a courtfee thereon, the chief controlling revenueauthority 2for the local area in which the probate or letters has or have been granted may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full courtfee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of grant, of five times, or, if it or they is or are produced after one year from such date, of twenty times, such proper courtfee, without any deduction of the courtfee originally paid on such probate or letters: provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a courtfee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased, and without any intention of fraud or to delay the payment of the proper courtfee, the said authority may remit the said penalty, and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon. 1. ins. by act 13 of , s. 6. 2. subs. by act 10 of , s. 3, for of the province.

section 19. of the courtfees act : nothing contained in this act shall render the following documents chargeable with any fee: i powerofattorney to institute or defend a suit when executed 1 by a member of any of the armed forces of the union not in civil employment. 2 iii written statements called for by the court after the first hearing of a suit. 3 v plaints in suits tried by 4 village munsifs in the presidency of fort st. george. vi plaints and processes in suits before district panchayats in the same residency. vii plaints in suits before collectors under madras regulation 12 of . viii probate of a will, letters of administration, 5 and, save as regards debts and securities a certificate under bombay regulation 8 of , where the amount or value of the property in respect of which the probate or letters or certificate shall be granted does not exceed one thousand rupees. ix application or petition to a collector or other officer making a settlement of landrevenue, or to a board of revenue, or a commissioner of revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. x application relating to a supply for irrigation of water belonging to government. xi application for leave to extend cultivation, or to relinquish land, when presented to an officer of landrevenue by a person holding, under direct engagement with government, land of which the revenue is settled, but not permanently. xii application for service of notice of relinquishment of land or of enhancement of rent. xiii written authority to an agent to distrain. xiv first application other than a petition containing a criminal charge or information for the summons of a witness or other person to attend either to give evidence or to produce a document or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in court. xv bailbonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise. xvi petition, application, charge or information respecting any offence when presented, made or laid to or before a policeofficer, or to or before the 6heads of villages or the 7village police in the territories respectively subject to the governors in council of madras and bombay. xvii petition by a prisoner, or other person in duress or under restraint of any court or its officers. xviii complaint of a public servant as defined in the indian penal code 45 of , a municipal officer, or an officer or servant of a railway company. xix application for permission to cut timber in government forests, or otherwise relating to such forests. xx application for the payment of money due by government to the applicant. xxi petition of appeal against the chaukidari assessment under 8act no. 20 of , or against any municipal tax. xxii applications for compensation under any law for the time being in force relating to the 9 acquisition of property for public purposes. xxiii petitions presented to the special commissioner appointed under 10bengal act no. 2 of to ascertain, regulate and record certain tenures in chota nagpur.. 11 xxiv petitions under the indian christian marriage act, 15 of , sections 45 and 48. state amendment orissa in section 19 of the courtfees act, 7 of hereinafter referred to as the principal act in clause viii for the words one thousand rupees the words two thousand rupees shall be substituted. vide orissa act 11 of , s. 3 1. subs. by the a.o. , for by an officer, warrantofficer, noncommissioned officer or private of her majestys army. 2. clause ii rep. by s. act 12 of , s. 3 and the first schedule. 3. clause iv rep. by act 13 of , s. 2 and the schedule. 4. see the madras village courts act, mad. 1 of . 5. subs. by act 7 of , s. 13, for and certificate mentioned in the first schedule to this act annexed, no. 12. 6. see madras regulations 11 of and 4 of , s. 6. 7. see bombay village police act, born. 8 of , ss. 14, 15 and 16. 8. the bengal chaukidari act, . 9. see now the land acquisition act, 1 of . 10. the chota nagpur tenures act, . 11. subs. by act 15 of , s. 2, for clause xiv which read as follows: petitions under the 14th and 15th of victoria, ch. 40 an act for marriages in india, s. 5, or under act no. 5 of , s. 9.

section 18. of the courtfees act : when the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which policeofficers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this act, is reduced to writing under the provisions of the code of criminal procedure, the complainant shall pay a fee of eight annas, unless the court thinks fit to remit such payment. state amendment orissa amendment of section 18 of act 7 of .in section 18 of the principal act, for the words eight annas the words one rupee shall be substituted. vide orissa act 5 of , s. 14 insertion of a new section 18a act 7 of 1l870.after section 18 of the court fees act, , as in force in the state of orissa the following new section shall be inserted, namely: 18a. exemption to women.1 notwithstanding anything contained in this act no plaint in respect of a suit filed by a women, whose annual income does not exceed three thousand rupees, for maintenance or for enhancement of maintenance or for recovery of share in the estate of her deceased husband or parent in the family property and no petitions filed by any such women for divorce on ground of cruelty or other misconduct on the part of her husband shall be chargeable with court fees. 2 the court in which such plaint or petition is filed shall have power to make such inquiry as it deems fit for assessing the income of the plaintiff or the petitioner, as the case may be.. vide orissa act 55 of , s. 2

section 19a. of the courtfees act : 119a. relief where too high a courtfee has been paid. where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be, and has consequently paid too high a courtfee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the chief controlling revenueauthority2for the local area in which the probate or letters has or have been granted, and delivers to such authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such authority is satisfied that a greater fee was paid on the probate or letters than the law required, the said authority may a cancel the stamp on the probate or letters if such stamp has not been already cancelled b substitute another stamp for denoting the courtfee which should have been thereon and c make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion. 1. ins. by act 13 of , s. 6. 2. subs. by act 10 of , s. 3, for of the province.

section 19f. of the courtfees act : 119f. administrator to give proper security before letters stamped under section 19e. in case of letters of administration on which too low a courtfee has been paid at first, the said authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained. 1. ins. by act 13 of , s. 6.

section 19c. of the courtfees act : 119c. relief in case of several grants. whenever 2 a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this act has been or is paid thereon, no fee shall be chargeable under the same act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. 1. ins. by act 13 of , s. 6. 2. the word such rep. by act 12 of .

section 19d. of the courtfees act : 119d. probates declared valid as to trust property though not covered by courtfee. the probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning, any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a courtfee was paid on such probate or letters of administration. 1. ins. by act 13 of , s. 6.

section 19g., not paying full courtfee on probates, etc. of the courtfees act : 1 19g. executors, etc., not paying full courtfee on probates, etc., within six months after discovery of underpayment.where too low a courtfee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not, within six months 2 after the discovery of the mistake or of any effects not known at the time to have belonged to the deceased, apply to the said authority and pay what is wanting to make up the courtfee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten per cent. on the amount of the sum wanting to make up the proper courtfee. 1. as to recovery of penalties or forfeitures under s. 19g, see s. 19j, infra. 2. the words and figures after the first day of april, , or rep. by act 12 of , s. 3 and the first schedule.

section 22. of the courtfees act : subject to rules to be made by the high court and approved by the state government 1, every district judge and every magistrate of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his court and each of the courts subordinate thereto, number of peons in mufassal small cause courts. aand for the purposes of this section, every court of small causes established under act no. 11 of to consolidate and amend the law relating to courts of small causes beyond the local limits of the ordinary original civil jurisdiction of the high courts of judicature2 shall be deemed to be subordinate to the court of the district judge. 1. the words and the governor general of india in council omitted by act 38 of , s. 2 and the first schedule. 2. the reference to act 11 of should now be read as referring to the provincial small cause courts act, 9 of see s. 23 of that act.

section 19h. of the courtfees act : 1 19h. notice of applications for probate or letters of administration to be given to revenue authorities, and procedure thereon.1 where an application for probate or letters of administration is made to any court other than a high court, the court shall cause notice of the application to be given to the collector. 2 where such an application as aforesaid is made to a high court, the high court shall cause notice of the application to be given to the chief controlling revenueauthority 2 for the local area in which the high court is situated. 3 the collector within the local limits of whose revenuejurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made and if, on such inspection or otherwise, he is of opinion that the petitioner has underestimated the value of the property of the deceased, the collector may, if he thinks fit, require the attendance of the petitioner either in person or by agent and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been underestimated, may require the petitioner to amend the valuation. 4 if the petitioner does not amend the valuation to the satisfaction of the collector, the collector may move the court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property: provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 277 of the 3 indian succession act, 10 of , or as the case may be, by section 98 of the 3 probate and administration act, 5 of . 5 the court, when so moved as aforesaid, shall hold, or cause to be held, an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. the collector shall be deemed to be a party to the inquiry. 6 for the purposes of any such inquiry, the court or person authorised by the court to hold the inquiry may examine the petitioner for probate or letters of administration on oath whether in person or by commission, and may take such further evidence as may be produced to prove the true value of the property. the person authorised as aforesaid to hold the inquiry shall return to the court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the court may record a finding in accordance with the report, unless it is satisfied that it is erroneous. 7 the finding of the court recorded under subsection 5 shall be final, but shall not bar the entertainment and disposal by the chief controlling revenueauthority of any application under section 19e. 8 the state government may make rules for the guidance of collectors in the exercise of the powers conferred by subsection 3. 1. ins. by act 11 of , s. 2. 2. subs. by act 10 of , s. 3, for of the province. 3. see now the indian succession act, 39 of .

section 19j. of the courtfees act : 119j. recovery of penalties, etc. 1 any excess fee found to be payable on any inquiry held under section 19h, subsection 6, and any penalty or forfeiture under section 19g, may, on the certificate of the chief controlling revenueauthority, be recovered from the executor or administrator as if it were an arrear of landrevenue by any collector 2. 2 the chief controlling revenueauthority may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19e or of any courtfee under section 19e in excess of the full courtfee which ought to have been paid. 1. ins. by act 11 of , s 2. 2. the words in any part of british india rep by the a.o. .

section 19i.payment of courtfees in respect of probates and letters of administration of the courtfees act : 1 19i. payment of courtfees in respect of probates and letters of administration.1 no order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the court a valuation of the property in the form set forth in the third schedule, and the court is satisfied that the fee mentioned in no. 11 of the first schedule has been paid on such valuation. 2 the grant of probate or letters of administration shall not be delayed by reason of any motion made by the collector under section 19h, subsection 4. 1. ins. by act 11 of , s 2.

section 19k. of the courtfees act : 1 19k. sections 6 and 28 not to apply to probates or letters of administration.nothing in section 6 or section 28 shall apply to probates or letters of administration. 1. ins. by act 11 of , s 2.

section 20. of the courtfees act : show related subordinates the high court shall, as soon as may be, make rules as to the following matters: i the fees chargeable for serving and executing processes issued by such court in its appellate jurisdiction, and by the other civil and revenue courts established within the local limits of such jurisdiction ii the fees chargeable for serving and executing processes issued by the criminal courts established within such limits in the case of offences other than offences for which policeofficers may arrest without a warrant and iii the remuneration of the peons and all other persons employed by leave of a court in the service or execution of processes. the high court may from time to time alter and add to the rules so made. confirmation and publication of rules.all such rules, alterations and additions shall, after being confirmed by the state government 1 , be published in the official gazette, and shall thereupon have the force of law. until such rules shall be so made and published, the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under this act. 1. the words and sanctioned by the governor general of india in council omitted by act 38 of , s. 2 and the first schedule.

section 26. of the courtfees act : the stamps used to denote any fees chargeable under this act shall be impressed or adhesive, or pertly impressed and partly adhesive, as the 1 appropriate government may, by notification in the official gazette, from time to time direct2. state amendments jammu and kashmir ut. section 26 shall be numbered as subsection 1 thereof, and after subsection 1 so renumbered, insert the following subsection, namely: 2 for the purposes of subsection 1, and section 25, stamp means any mark, seal or endorsement by any agency or person duly authorised by the appropriate government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this act. explanation:impressed stamp includes impression by a franking machine or another machine, or a unique number generated by estamping or similar software, as the appropriate government may, by notification in the official gazette, specify. vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated . union territory of ladakh section 26.numbered as subsection 1 thereof, and after subsection 1 as so numbered, insert 2 for the purposes of subsection 1, and section 25, stamp means any mark, seal or endorsement by any agency or person duly authorised by the appropriate government, and includes an adhesive or impressed stamp, for the purposes of court fee chargeable under this act. explanation 7.the expression impressed stamp includes impression by a franking machine or another machine, or a unique number generated by estamping or similar software, as the appropriate government may, by notification in the official gazette, specify.. explanation 2.the expression estamping means stamping using unique number or code through an electronic machine or a software application. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . haryana amendment of section 26 of central act 7 of .in section 26 of the court fees act, , the following explanation shall be added, namely: explanation.for the purposes of this section, i stamp means any mark, seal or endorsement by any agency or person duly authorized by the state government and includes and adhesive or impressed stamp chargeable for the purposes of court fee under this act and ii impressed stamp means an impression by a franking or any other machine, or estamping.. vide haryana act 29 of , s. 2 1. subs. by the a.o. , for l. g.. 2. for rules as to levy of courtfees by adhesive and impressed stamps, see gazette of india, . pt. i., p 189.

section 21. of the courtfees act : a table in the english and vernacular languages, showing the fees chargeable for such service and execution, shall be exposed to view in a conspicuous part of each court.

section 28. of the courtfees act : no document which ought to bear a stamp under this act shall be of any validity, unless and until it is properly stamped. but, if any such document is through mistake or inadvertence received, filed or used in any court or office without being properly stamped, the presiding judge or the head of the office, as the case may be, or, in the case of a high court, any judge of such court, may, if he thinks fit, order that such document be stamped as he may direct and, on such document being stamped accordingly, the same and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance. state amendment orissa insertion a new section 28a, act 7 of .after section 28 of the court fees act, the following new section shall be inserted, namely: 28a. deficient or unpaid court fees.1 if, on examination of the records of a civil, criminal or revenue case which has been disposed of, a public officer finds that the fee payable under the act or the rules made thereunder on any document filed, exhibited or recorded therein has not been paid or has been insufficiently paid, he shall report the fact to the presiding officer of the court or to the revenue officer concerned. 2 such presiding officer or revenue officer, after satisfying himself of the correctness of such report, shall record a provisional finding that the proper fee has not been paid and determine the amount of fee payable and the person from whom the fee or the difference thereof, if any, shall be recoverable. 3 after recording a finding under subsection 2, the presiding officer or revenue officer shall issue a notice to the person referred to in that subsection to show cause why he should not be ordered to pay the fee determined thereunder, and , if sufficient cause is not shown, the presiding officer or revenue officer shall confirm the finding and make an order requiring such person to pay the proper fee before a date to be specified in that notice. 4 if such person fails to pay the fee in accordance with the notice issued under subsection 3, it shall on the certificate of such presiding officer or revenue officer, be recoverable as an arrear of land revenue. vide orissa act 13 of , s. 2

section 23. of the courtfees act : subject to rules to be framed by the chief controlling revenueauthority and approved by the state government 1, every officer performing the functions of a collector of a district shall fix, and may from time to time alter, the number of peons necessary to be employed for the service and execution of processes issued out of his court or the courts subordinate to him. 1. the words and the governor general of india in council omitted by act 38 of , s. 2 and the first schedule.

section 29. of the courtfees act : where any such document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be necessary to impose a fresh stamp.

section 30. of the courtfees act : no document requiring a stamp under this act shall be filed or acted upon in any proceeding in any court or office until the stamp has been cancelled. such officer as the court or the head of the office may from time to time appoint shall, on receiving any such document, forthwith effect such cancellation by punching out the figurehead so as to leave the amount designated on the stamp untouched, and the part removed by punching shall be burnt or otherwise destroyed.

section 31.. of the courtfees act : repayment of fees paid on applications to criminal courts. rep. by the code of criminal procedure amendment act, 18 of , s. 163.

section 24.. of the courtfees act : process served under this chapter to be held to be process within meaning of code of civil procedure. by the repealing and amending act, 12 of , s. 3 and the first schedule. state amendment uttar pradesh. substitution of section 24a.for section 24a for the principal act, the following section shall be substituted, namely: 24a. control of court fee and stamp commissioner.1 the levy of fees under this act shall be under the general control and superintendence of the chief controlling revenue authority, who may be assisted in the supervision thereof by the commissioner of stamps and by as many additional many additional commissioners of the stamps, deputy commissioners of stamps and assistant commissioners of stamps as the state government may appoint in the behalf or by any other subordinate agency appointed for the purpose. 2 the officers and the agency referred to in subsection 1 shall have access to all records, and shall be furnished with all such information as may be required by them for the performance of their duties under this act. vide uttar pradesh act 6 of , s. 5

section 25. of the courtfees act : all fees referred to in section 3 or chargeable under this act shall be collected by stamps.

section 32.. of the courtfees act : amendment of act 8 of and act 9 of . rep. by the repealing and amending act, 12 of , s. 3 and the first schedule.

section 27. of the courtfees act : the 1appropriate government may, from time to time, make rules for regulating a the supply of stamps to be used under this act b the number of stamps to be used for denoting any fee chargeable under this act c the renewal of damaged or spoiled stamps and d the keeping accounts of all stamps used under this act: provided that, in the case of stamps used under section 3 in a high court, such rules shall be made with the concurrence of the chief justice of such court. all such rules shall be published in the official gazette, and shall thereupon have the force of law. 1. subs. by the a.o. , for l. g..

section 35. of the courtfees act : the 1appropriate government may, from time to time by notification in the official gazette, reduce or remit, in the whole or in any part of 2the territories under its administration, all or any of the fees mentioned in the first and second schedules to this act annexed, and may in like manner cancel or vary such order. state amendment orissa amendment of section 35 of act 7 of .for section 35 of the principal act, the following section shall be substituted: 35. power to suspend, reduce or remit fees.1 the provincial government may from time to time subject to such conditions or restrictions as it may think fit to impose, by notification in the gazette suspend the payment of or reduce or remit, in the whole of orissa or in any part thereof, all or any of the fees mentioned in schedules i and ii to this act annexed and may in like manner cancel or vary such order. 3 the provincial government may from time to time by rules prescribe the manner in which any fee the payment of which is suspended under subsection 1 may be realized and for this purpose direct that such fee may be recovered as if it were an arrear of land revenue. vide orissa act 5 of , s. 15 haryana substitution of section 35 of central act 7 of . for section 35 of the court fees act, hereinafter referred to as the principal act, the following section shall be substituted, namely: 35. power to remit or reduce fees.the state government may, subject to such conditions or restrictions as it may think fit to impose, by notification in the official gazette, reduce or remit in relation to all or any class of persons, in the whole or any part of the territories under its administration, all or any of the fees mentioned in the first and second schedules annexed to this act and may in like manner cancel or vary such order. vide haryana act 27 of , s. 2 bihar substitution of new section for section 35 of act vii of . for section 35 of the said act, the following section shall be substituted, namely: 35. power to remit or reduce courtfees.the state government may, subject to such condition or restriction as it may think fit to impose, by order published in the official gazette, reduce or remit in relation to all or any class of persons, in the whole or any part of the state, all or any of the fees mentioned in the first and second schedules to this act and may in like manner cancel or vary such order. vide bihar act 20 of , s. 3 1. subs. by the a.o., for l. g.. 2. subs. by act 38 of , s. 2 and the first schedule, for british india.

section 33. of the courtfees act : whenever the filing or exhibition in a criminal court of a document in respect of which the proper fee has not been paid is, in the opinion of the presiding judge, necessary to prevent a failure of justice, nothing contained in section 4 or section 6 shall be deemed to prohibit such filing or exhibition.

section 34. of the courtfees act : 134. sale of stamps.1 the 2appropriate government may from time to time make rules for regulating the sale of stamps to be used under this act, the persons by whom alone such sale is to be conducted, and the duties and remuneration of such persons. 2 all such rules shall be published in the official gazette, and shall thereupon have the force of law. 3 any person appointed to sell stamps who disobeys any rule made under this section, and any person not so appointed who sells or offers for sale any stamp, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or, with both. 1. subs. by act 12 of , s. 3 and the first schedule, for section 34. 2. subs. by the a.o., for l. g.

section 36. of the courtfees act : nothing in chapters ii and v of this act applies to the commission payable to the accountant general of the high court at fort william, or to the fees which any officer of a high court is allowed to receive in addition to a fixed salary. state amendment haryana insertion of section 37 in act 7 of . after section 36 of the principal act, the following section shall be inserted, namely : 37. fees in high court.nothing contained in schedules i and ii to this act shall apply to the high court of punjab and haryana and the provisions in that behalf applicable immediately before the 1st day of november, , shall continue to apply to the said high court.. vide haryana act 22 of , s. 3

section 5. of the legislative assembly of nagaland change in representation act : nothing in this act shall affect any representation in the present legislative assembly of nagaland until its dissolution.

The Legislative Assembly of Nagaland (Change in Representation) Act, 1968

section 3.. of the legislative assembly of nagaland change in representation act : amendment of act 27of . rep. by the repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 4.. of the legislative assembly of nagaland change in representation act : amendment of act 43 of . rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 2. of the legislative assembly of nagaland change in representation act : for the period referred to in clause 2 of article 371a of the constitution, the total number of seats allotted to the legislative assembly of nagaland shall be increased from fortysix to fiftytwo, of which a the seats allotted to the tuensang district shall be increased from six to twelve and shall be filled by persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the governor of nagaland, after consulting that council may, by notification in the official gazette, specify, and b the remaining forty seats shall be filled by persons chosen by direct elections from assembly constituencies in the rest of the state of nagaland.

section 1. of the legislative assembly of nagaland change in representation act : this act may be called the legislative assembly of nagaland change in representation act, .

section 7. of the antiapartheid united nations convention act : for the purposes of the extradition act, 34 of , the offence under section 3 shall not be considered to be an offence of a political character.

section 1. of the antiapartheid united nations convention act : 1 this act may be called the antiapartheid united nations convention act, . 2 it extends to the whole of india.

section 2. of the antiapartheid united nations convention act : 1 notwithstanding anything to the contrary contained in any other law, such of the provisions of the international convention on the suppression and punishment of the crime of apartheid as are setout in the schedule shall have the force of law in india. 2 the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein. 3 every notification issued under subsection 2 shall be laid, as soon as may be after it is issued, before each house of parliament.

section 6. of the antiapartheid united nations convention act : no person shall be arrested or prosecuted in respect of any offence under section 3 except with the previous sanction of the central government or such officer or authority as may be authorised by that government by order in writing in this behalf.

section 5. of the antiapartheid united nations convention act : any person committing an offence under section 3 may be tried for the offence in any place in which he may be found or in such other place as the central government may, by general or special order, published in the official gazette, direct in this behalf.

section 3. of the antiapartheid united nations convention act : every person to whom international criminal responsibility applies under article iii of the said convention, as set out in the schedule, shall be punished with death, or imprisonment for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine. explanation.for the purposes of this section, the reference in clause a of article iii of the said convention to article ii shall be construed as a reference to the provisions of article ii of that convention as set out in the schedule.

section 4. of the antiapartheid united nations convention act : where an offence under this act has been committed by a company or an organisation or an institution, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, organisation or institution, as the case may be, for the conduct of its business or affairs, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. explanation.for the purposes of this section, company means any body corporate and includes a firm or other association of individuals.

section 8. of the foreign exchange management act : save as otherwise provided in this act, where any amount of foreign exchange is due or has accrued to any person resident in india, such person shall take all reasonable steps to realise and repatriate to india such foreign exchange within such period and in such manner as may be specified by the reserve bank.

section 1. of the foreign exchange management act : 1 this act may be called the foreign exchange management act, . 2 it extends to the whole of india. 3 it shall also apply to all branches, offices and agencies outside india owned or controlled by a person resident in india and also to any contravention thereunder committed outside india by any person to whom this act applies. 4 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st june, , vide notification no. g.s.r. 371e, dated 1st may, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the foreign exchange management act : 1 every exporter of goods shall a furnish to the reserve bank or to such other authority a declaration in such form and in such manner as may be specified, containing true and correct material particulars, including the amount representing the full export value or, if the full export value of the goods is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions, expects to receive on the sale of the goods in a market outside india b furnish to the reserve bank such other information as may be required by the reserve bank for the purpose of ensuring the realisation of the export proceeds by such exporter. 2 the reserve bank may, for the purpose of ensuring that the full export value of the goods or such reduced value of the goods as the reserve bank determines, having regard to the prevailing market conditions, is received without any delay, direct any exporter to comply with such requirements as it deems fit. 3 every exporter of services shall furnish to the reserve bank or to such other authorities a declaration in such form and in such manner as may be specified, containing the true and correct material particulars in relation to payment for such services.

section 3. of the foreign exchange management act : save as otherwise provided in this act, rules or regulations made thereunder, or with the general or special permission of the reserve bank, no person shall a deal in or transfer any foreign exchange or foreign security to any person not being an authorised person b make any payment to or for the credit of any person resident outside india in any manner c receive otherwise through an authorised person, any payment by order or on behalf of any person resident outside india in any manner. explanation.for the purpose of this clause, where any person in, or resident in, india receives any payment by order or on behalf of any person resident outside india through any other person including an authorised person without a corresponding inward remittance from any place outside india, then, such person shall be deemed to have received such payment otherwise than through an authorised person d enter into any financial transaction in india as consideration for or in association with acquisition or creation or transfer of a right to acquire, any asset outside india by any person. explanation.for the purpose of this clause, financial transaction means making any payment to, or for the credit of any person, or receiving any payment for, by order or on behalf of any person, or drawing, issuing or negotiating any bill of exchange or promissory note, or transferring any security or acknowledging any debt.

section 9. of the foreign exchange management act : the provisions of sections 4 and 8 shall not apply to the following, namely: a possession of foreign currency or foreign coins by any person up to such limit as the reserve bank may specify b foreign currency account held or operated by such person or class of persons and the limit up to which the reserve bank may specify c foreign exchange acquired or received before the 8th day of july, or any income arising or accruing thereon which is held outside india by any person in pursuance of a general or special permission granted by the reserve bank d foreign exchange held by a person resident in india up to such limit as the reserve bank may specify, if such foreign exchange was acquired by way of gift or inheritance from a person referred to in clause c, including any income arising therefrom e foreign exchange acquired from employment, business, trade, vocation, services, honorarium, gifts, inheritance or any other legitimate means up to such limit as the reserve bank may specify and f such other receipts in foreign exchange as the reserve bank may specify.

section 2. of the foreign exchange management act : in this act, unless the context otherwise requires, a adjudicating authority means an officer authorised under subsection 1 of section 16 1 b appellate tribunal means the appellate tribunal referred to in section 18 c authorised person means an authorised dealer, money changer, offshore banking unit or any other person for the time being authorised under subsection 1 of section 10 to deal in foreign exchange or foreign securities 2 cc authorised officer means an officer of the directorate of enforcement authorised by the central government under section 37a d bench means a bench of the appellate tribunal e capital account transaction means a transaction which alters the assets or liabilities, including contingent liabilities, outside india of persons resident in india or assets or liabilities in india of persons resident outside india, and includes transactions referred to in subsection 3 of section 6 f chairperson means the chairperson of the appellate tribunal g chartered accountant shall have the meaning assigned to it in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of 2 gg competent authority means the authority appointed by the central government under subsection 2 of section 37a h currency includes all currency notes, postal notes, postal orders, money orders, cheques, drafts, travellers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the reserve bank i currency notes means and includes cash in the form of coins and bank notes j current account transaction means a transaction other than a capital account transaction and without prejudice to the generality of the foregoing such transaction includes, i payments due in connection with foreign trade, other current business, services, and shortterm banking and credit facilities in the ordinary course of business, ii payments due as interest on loans and as net income from investments, iii remittances for living expenses of parents, spouse and children residing abroad, and iv expenses in connection with foreign travel, education and medical care of parents, spouse and children k director of enforcement means the director of enforcement appointed under subsection 1 of section 36 l export, with its grammatical variations and cognate expressions, means i the taking out of india to a place outside india any goods, ii provision of services from india to any person outside india m foreign currency means any currency other than indian currency n foreign exchange means foreign currency and includes, i deposits, credits and balances payable in any foreign currency, ii drafts, travellers cheques, letters of credit or bills of exchange, expressed or drawn in indian currency but payable in any foreign currency, iii drafts, travellers cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside india, but payable in indian currency o foreign security means any security, in the form of shares, stocks, bonds, debentures or any other instrument denominated or expressed in foreign currency and includes securities expressed in foreign currency, but where redemption or any form of return such as interest or dividends is payable in indian currency p import, with its grammatical variations and cognate expressions, means bringing into india any goods or services q indian currency means currency which is expressed or drawn in indian rupees but does not include special bank notes and special one rupee notes issued under section 28a of the reserve bank of india act, 2 of r legal practitioner shall have the meaning assigned to it in clause i of subsection 1 of section 2 of the advocates act, 25 of s member means a member of the appellate tribunal and includes the chairperson thereof t notify means to notify in the official gazette and the expression notification shall be construed accordingly u person includes i an individual, ii a hindu undivided family, iii a company, iv a firm, v an association of persons or a body of individuals, whether incorporated or not, vi every artificial juridical person, not falling within any of the preceding subclauses, and vii any agency, office or branch owned or controlled by such person v person resident in india means i a person residing in india for more than one hundred and eightytwo days during the course of the preceding financial year but does not include a a person who has gone out of india or who stays outside india, in either case a for or on taking up employment outside india, or b for carrying on outside india a business or vocation outside india, or c for any other purpose, in such circumstances as would indicate his intention to stay outside india for an uncertain period b a person who has come to or stays in india, in either case, otherwise than a for or on taking up employment in india, or b for carrying on in india a business or vocation in india, or c for any other purpose, in such circumstances as would indicate his intention to stay in india for an uncertain period ii any person or body corporate registered or incorporated in india, iii an office, branch or agency in india owned or controlled by a person resident outside india, iv an office, branch or agency outside india owned or controlled by a person resident in india w person resident outside india means a person who is not resident in india x prescribed means prescribed by rules made under this act y repatriate to india means bringing into india the realised foreign exchange and i the selling of such foreign exchange to an authorised person in india in exchange for rupees, or ii the holding of realised amount in an account with an authorised person in india to the extent notified by the reserve bank, and includes use of the realised amount for discharge of a debt or liability denominated in foreign exchange and the expression repatriation shall be construed accordingly z reserve bank means the reserve bank of india constituted under subsection 1 of section 3 of the reserve bank of india act, 2 of za security means shares, stocks, bonds and debentures, government securities as defined in the public debt act, 18 of , savings certificates to which the government savings certificates act, 46 of applies, deposit receipts in respect of deposits of securities and units of the unit trust of india established under subsection 1 of section 3 of the unit trust of india act, 52 of or of any mutual fund and includes certificates of title to securities, but does not include bills of exchange or promissory notes other than government promissory notes or any other instruments which may be notified by the reserve bank as security for the purposes of this act zb service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, medical assistance, legal assistance, chit fund, real estate, transport, processing, supply of electrical or other energy, boarding or lodging or both, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service zc special director appeals means an officer appointed under 3 section 17 zd specify means to specify by regulations made under this act and the expression specified shall be construed accordingly ze transfer includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. 1. subs. by act 7 of , s. 165, for clause b w.e.f. . 2. ins. by act 20 of , s. 138 w.e.f. . 3. subs. by act 7 of , s.165, for section 18 w.e.f. . now see the unit trust of india transfer of undertaking of repeal act, 58 of .

section 4. of the foreign exchange management act : save as otherwise provided in this act, no person resident in india shall acquire, hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside india.

section 10. of the foreign exchange management act : 1 the reserve bank may, on an application made to it in this behalf, authorise any person to be known as authorised person to deal in foreign exchange or in foreign securities, as an authorised dealer, money changer or offshore banking unit or in any other manner as it deems fit. 2 an authorisation under this section shall be in writing and shall be subject to the conditions laid down therein. 3 an authorisation granted under subsection 1 may be revoked by the reserve bank at any time if the reserve bank is satisfied that a it is in public interest so to do or b the authorised person has failed to comply with the condition subject to which the authorisation was granted or has contravened any of the provisions of the act or any rule, regulation, notification, direction or order made thereunder: provided that no such authorisation shall be revoked on any ground referred to in clause b unless the authorised person has been given a reasonable opportunity of making a representation in the matter. 4 an authorised person shall, in all his dealings in foreign exchange or foreign security, comply with such general or special directions or orders as the reserve bank may, from time to time, think fit to give, and, except with the previous permission of the reserve bank, an authorised person shall not engage in any transaction involving any foreign exchange or foreign security which is not in conformity with the terms of his authorisation under this section. 5 an authorised person shall, before undertaking any transaction in foreign exchange on behalf of any person, require that person to make such declaration and to give such information as will reasonably satisfy him that the transaction will not involve, and is not designed for the purpose of any contravention or evasion of the provisions of this act or of any rule, regulation, notification, direction or order made thereunder, and where the said person refuses to comply with any such requirement or make only unsatisfactory compliance therewith, the authorised person shall refuse in writing to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the reserve bank. 6 any person, other than an authorised person, who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to authorised person under subsection 5 does not use it for such purpose or does not surrender it to authorised person within the specified period or uses the foreign exchange so acquired or purchased for any other purpose for which purchase or acquisition or foreign exchange is not permissible under the provisions of the act or the rules or regulations or direction or order made thereunder shall be deemed to have committed contravention of the provisions of the act for the purpose of this section.

section 5. of the foreign exchange management act : show related subordinates any person may sell or draw foreign exchange to or from an authorised person if such sale or drawal is a current account transaction: provided that the central government may, in public interest and in consultation with the reserve bank, impose such reasonable restrictions for current account transactions as may be prescribed.

section 6. of the foreign exchange management act : show related subordinates 1 subject to the provisions of subsection 2, any person may sell or draw foreign exchange to or from an authorised person for a capital account transaction. 2 the reserve bank may, in consultation with the central government, specify 1a any class or classes of capital account transactions, involving debt instruments, which are permissible b the limit up to which foreign exchange shall be admissible for such transactions: 2c any conditions which may be placed on such transactions 3provided that the reserve bank or the central government shall not impose any restrictions on the drawal of foreign exchange for payment due on account of amortisation of loans or for depreciation of direct investments in the ordinary course of business. 42a the central government may, in consultation with the reserve bank, prescribe a any class or classes of capital account transactions, not involving debt instruments, which are permissible b the limit up to which foreign exchange shall be admissible for such transactions and c any conditions which may be placed on such transactions. 5 4 a person resident in india may hold, own, transfer or invest in foreign currency, foreign security or any immovable property situated outside india if such currency, security or property was acquired, held or owned by such person when he was resident outside india or inherited from a person who was resident outside india. 5 a person resident outside india may hold, own, transfer or invest in indian currency, security or any immovable property situated in india if such currency, security or property was acquired, held or owned by such person when he was resident in india or inherited from a person who was resident in india. 6 without prejudice to the provisions of this section, the reserve bank may, by regulation, prohibit, restrict, or regulate establishment in india of a branch, office or other place of business by a person resident outside india, for carrying on any activity relating to such branch, office or other place of business. 67 for the purposes of this section, the term debt instruments shall mean, such instruments as may be determined by the central government in consultation with the reserve bank. 1. subs. by act 20 of , s. 139, for clause a w.e.f. . 2. ins. by s. 139, ibid. w.e.f. . 3. the proviso subs. by s. 139, ibid. w.e.f. . 4. ins. by act 20 of , s. 139 w.e.f. . 5. subsection 3 omitted by s. 139,ibid. w.e.f. . 6. ins. by s. 139, ibid. w.e.f. .

section 14. of the foreign exchange management act : 1 subject to the provisions of subsection 2 of section 19, if any person fails to make full payment of the penalty imposed on him under section 13 within a period of ninety days from the date on which the notice for payment of such penalty is served on him, he shall be liable to civil imprisonment under this section. 2 no order for the arrest and detention in civil prison of a defaulter shall be made unless the adjudicating authority has issued and served a notice upon the defaulter calling upon him to appear before him on the date specified in the notice and to show cause why he should not be committed to the civil prison, and unless the adjudicating authority, for reasons in writing, is satisfied a that the defaulter, with the object or effect of obstructing the recovery of penalty, has after the issue of notice by the adjudicating authority, dishonestly transferred, concealed, or removed any part b that the defaulter has, or has had since the issuing of notice by the adjudicating authority, the means to pay the arrears or some substantial part thereof and refuses or neglects or has refused or neglected to pay the same. 3 notwithstanding anything contained in subsection 1, a warrant for the arrest of the defaulter may be issued by the adjudicating authority if the adjudicating authority is satisfied, by affidavit or otherwise, that with the object or effect of delaying the execution of the certificate the defaulter is likely to abscond or leave the local limits of the jurisdiction of the adjudicating authority. 4 where appearance is not made pursuant to a notice issued and served under subsection 1, the adjudicating authority may issue a warrant for the arrest of the defaulter. 5 a warrant of arrest issued by the adjudicating authority under subsection 3 or subsection 4 may also be executed by any other adjudicating authority within whose jurisdiction the defaulter may for the time being be found. 6 every person arrested in pursuance of a warrant of arrest under this section shall be brought before the adjudicating authority issuing the warrant as soon as practicable and in any event within twentyfour hours of his arrest exclusive of the time required for the journey: provide that, if the defaulter pays the amount entered in the warrant of arrest as due and the costs of the arrest to the officer arresting him, such officer shall at once release him. explanation.for the purposes of this subsection, where the defaulter is a hindu undivided family, the karta thereof shall be deemed to be the defaulter. 7 when a defaulter appears before the adjudicating authority pursuant to a notice to show cause or is brought before the adjudicating authority under this section, the adjudicating authority shall give the defaulter an opportunity showing cause why he should not be committed to the civil prison. 8 pending the conclusion of the inquiry, the adjudicating authority may, in his discretion, order the defaulter to be detained in the custody of such officer as the adjudicating authority may think fit or release him on his furnishing the security to the satisfaction of the adjudicating authority for his appearance as and when required. 9 upon the conclusion of the inquiry, the adjudicating authority may make an order for the detention of the defaulter in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: provided that in order to give a defaulter an opportunity of satisfying the arrears, the adjudicating authority may, before making the order of detention, leave the defaulter in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days, or release him on his furnishing security to the satisfaction of the adjudicating authority for his appearance at the expiration of the specified period if the arrears are not satisfied. 10 when the adjudicating authority does not make an order of detention under subsection 9, he shall, if the defaulter is under arrest, direct his release. 11 every person detained in the civil prison in execution of the certificate may be so detained, a where the certificate is for a demand of an amount exceeding rupees one crore, up to three years, and b in any other case, up to six months: provided that he shall be released from such detention on the amount mentioned in the warrant for his detention being paid to the officerincharge of the civil prison. 12 a defaulter released from detention under this section shall not, merely by reason of his release, be discharged from his liability for the arrears, but he shall not be liable to be arrested under the certificate in execution of which he was detained in the civil prison. 13 a detention order may be executed at any place in india in the manner provided for the execution of warrant of arrest under the code of criminal procedure, 2 of .

section 14a. of the foreign exchange management act : 1 14a. power of recover arrears of penalty.1 save as otherwise provided in this act, the adjudicating authority may, by order in writing, authorise an officer of enforcement not below the rank of assistant director to recover any arrears of penalty from any person who fails to make full payment of penalty imposed on him under section 13 within the period of ninety days from the date on which the notice for payment of such penalty is served on him. 2 the officer referred to in subsection 1 shall exercise all the like powers which are conferred on the incometax authority in relation to recovery of tax under the incometax act, 43 of and the procedure laid down under the second schedule to the said act shall mutatis mutandis apply in relation to recovery of arrears of penalty under this act. 1. section 14a shall stand inserted date to be notified by act 28 of , s. 229.

section 11. of the foreign exchange management act : 1 the reserve bank may, for the purpose of securing compliance with the provisions of this act and of any rules, regulations, notifications or directions made thereunder, give to the authorised persons any direction in regard to making of payment or the doing or desist from doing any act relating to foreign exchange or foreign security. 2 the reserve bank may, for the purpose of ensuring the compliance with the provisions of this act or of any rule, regulation, notification, direction or order made thereunder, direct any authorised person to furnish such information, in such manner, as it deems fit. 3 where any authorised person contravenes any direction given by the reserve bank under this act or fails to file any return as directed by the reserve bank, the reserve bank may, after giving reasonable opportunity of being heard, impose on the authorised person a penalty which may extend to ten thousand rupees and in the case of continuing contravention with an additional penalty which may extend to two thousand rupees for every day during which such contravention continues.

section 17. of the foreign exchange management act : 1 the central government shall, by notification, appoint one or more special directors appeals to hear appeals against the orders of the adjudicating authorities under this section and shall also specify in the said notification the matter and places in relation to which the special director appeals may exercise jurisdiction. 2 any person aggrieved by an order made by the adjudicating authority, being an assistant director of enforcement or a deputy director of enforcement, may prefer an appeal to the special director appeals. 3 every appeal under subsection 1 shall be filed within fortyfive days from the date on which the copy of the order made by the adjudicating authority is received by the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the special director appeals may entertain an appeal after the expiry of the said period of fortyfive days, if he is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, the special director appeals may after giving the parties to the appeal an opportunity of being heard, pass such order thereon as he thinks fit, confirming, modifying or setting aside the order appealed against. 5 the special director appeals shall send a copy of every order made by him to the parties to appeal and to the concerned adjudicating authority. 6 the special director appeals shall have the same powers of a civil court which are conferred on the appellate tribunal under subsection 2 of section 28 and a all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of b shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of .

section 12. of the foreign exchange management act : 1 the reserve bank may, at any time, cause an inspection to be made, by any officer of the reserve bank specially authorised in writing by the reserve bank in this behalf, of the business of any authorised person as may appear to it to be necessary or expedient for the purpose of a verifying the correctness of any statement, information or particulars furnished to the reserve bank b obtaining any information or particulars which such authorised person has failed to furnish on being called upon to do so c securing compliance with the provisions of this act or of any rules, regulations, directions or orders made thereunder. 2 it shall be the duty of every authorised person, and where such person is a company or a firm, every director, partner or other officer of such company or firm, as the case may be, to produce to any officer making an inspection under subsection 1, such books, accounts and other documents in his custody or power and to furnish any statement or information relating to the affairs of such person, company or firm as the said officer may require within such time and in such manner as the said officer may direct.

section 19. of the foreign exchange management act : 1 save as provided in subsection 2, the central government or any person aggrieved by an order made by an adjudicating authority, other than those referred to in subsection 1 of section 17, or the special director appeals, may prefer an appeal to the appellate tribunal: provided that any person appealing against the order of the adjudicating authority or the special director appeals levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be notified by the central government: provided further that where in any particular case, the appellate tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the appellate tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. 2 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the adjudicating authority or the special director appeals is received by the aggrieved person or by the central government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 4 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned adjudicating authority or the special director appeals, as the case may be. 5 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within one hundred and eighty days from the date of receipt of the appeal: provided that where any appeal could not be disposed of within the said period of one hundred and eighty days, the appellate tribunal shall record its reasons in writing for not disposing off the appeal within the said period. 6 the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the adjudicating authority under section 16 in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.

section 13. of the foreign exchange management act : 1 if any person contravenes any provision of this act, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this act, or contravenes any condition subject to which an authorisation is issued by the reserve bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where such amount is quantifiable, or up to two lakh rupees where the amount is not quantifiable, and where such contravention is a continuing one, further penalty which may extend to five thousand rupees for every day after the first day during which the contravention continues. 11a if any person is found to have acquired any foreign exchange, foreign security or immovable property, situated outside india, of the aggregate value exceeding the threshold prescribed under the proviso to subsection 1 of section 37a, he shall be liable to a penalty up to three times the sum involved in such contravention and confiscation of the value equivalent, situated in india, the foreign exchange, foreign security or immovable property. 1b if the adjudicating authority, in a proceeding under subsection 1a deems fits, he may, after recording the reasons in writing, recommend for the initiation of prosecution and if the director of enforcement is satisfied, he may, after recording the reasons in writing, may direct prosecution by filing a criminal complaint against the guilty person by an officer not below the rank of assistant director. 1c if any person is found to have acquired any foreign exchange, foreign security or immovable property, situated outside india, of the aggregate value exceeding the threshold prescribed under the proviso to subsection 1 of section 37a, he shall be, in addition to the penalty imposed under subsection 1a, punishable with imprisonment for a term which may extend to five years and with fine. 1d no court shall take cognizance of an offence under subsection 1c of section 13 except as on complaint in writing by an officer not below the rank of assistant director referred to in subsection 1b. 2 any adjudicating authority adjudging any contravention under subsection 1, may, if he thinks fit in addition to any penalty which he may impose for such contravention direct that any currency, security or any other money or property in respect of which the contravention has taken place shall be confiscated to the central government and further direct that the foreign exchange holdings, if any, of the persons committing the contraventions or any part thereof, shall be brought back into india or shall be retained outside india in accordance with the directions made in this behalf. explanation.for the purposes of this subsection, property in respect of which contravention has taken place, shall include a deposits in a bank, where the said property is converted into such deposits b indian currency, where the said property is converted into that currency and c any other property which has resulted out of the conversion of that property. 1. ins. by act 20 of , s. 140 w.e.f. .

section 21. of the foreign exchange management act : 1 21. qualifications, for appointment of special director appeals.a person shall not be qualified for appointment as a special director appeals unless he a has been a member of the indian legal service and has held a post in grade i of that service or b has been a member of the indian revenue service and has held a post equivalent to a joint secretary to the government of india. 1. subs. by act 7 of , s. 165, for section 21 w.e.f. .

section 15. of the foreign exchange management act : show related subordinates 1 any contravention under section 13 may, on an application made by the person committing such contravention, be compounded within one hundred and eighty days from the date of receipt of application by the director of enforcement or such other officers of the directorate of enforcement and officers of the reserve bank as may be authorised in this behalf by the central government in such manner as may be prescribed. 2 where a contravention has been compounded under subsection 1, no proceeding or further proceeding, as the case may be, shall be initiated or continued, as the case may be, against the committing such contravention under that section, in respect of the contravention so compounded.

section 16. of the foreign exchange management act : 1 for the purpose of adjudication under section 13, the central government may, by an order published in the official gazette, appoint as many officers of the central government as it may think fit, as the adjudicating authorities for holding an inquiry in the manner prescribed after giving the person alleged to have committed contravention under section 13, against whom a complaint has been made under subsection 3 hereinafter in this section referred to as the said person a reasonable opportunity of being heard for the purpose of imposing any penalty: provided that where the adjudicating authority is of opinion that the said person is likely to abscond or is likely to evade in any manner, the payment of penalty, if levied, it may direct the said person to furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit. 2 the central government shall, while appointing the adjudicating authorities under subsection 1, also specify in the order published in the official gazette, their respective jurisdictions. 3 no adjudicating authority shall hold an enquiry under subsection 1 except upon a complaint in writing made by any officer authorised by a general or special order by the central government. 4 the said person may appear either in person or take the assistance of a legal practitioner or a chartered accountant of his choice for presenting his case before the adjudicating authority. 5 every adjudicating authority shall have the same powers of a civil court which are conferred on the appellate tribunal under subsection 2 of section 28 and a all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of b shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of . 6 every adjudicating authority shall deal with the complaint under subsection 2 as expeditiously as possible and endeavour shall be made to dispose of the complaint finally within one year from the date of receipt of the complaint: provided that where the complaint cannot be disposed of within the said period, the adjudicating authority shall record periodically the reasons in writing for not disposing of the complaint within the said period.

section 18. of the foreign exchange management act : 1 18. appellate tribunal.the appellate tribunal constituted under subsection 1 of section 12 of the smugglers and foreign exchange manipulators forfeiture of property act, 13 of , shall, on and from the commencement of part xiv of chapter vi of the finance act, 7 of , be the appellate tribunal for the purposes of this act and the said appellate tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this act. 1. subs. by act 7 of , s. 165, for section 18 w.e.f. .

section 20. of the foreign exchange management act : 20. composition of appellate tribunal. omitted by the finance act, 7 of , s. 165 w.e.f. .

section 22. of the foreign exchange management act : 22. term of office. omitted by the finance act, 7 of , s. 165 w.e.f. .

section 23. of the foreign exchange management act : 1 23. terms and condition of service of special director of appeals.the salary and allowances payable to and the other terms and conditions of service of the special director appeals shall be such as may be prescribed. 1. subs. by s. 165, ibid., for section 23 w.e.f. .

section 29. of the foreign exchange management act : 29. distribution of business amongst benches. omitted by the finance act, 7 of , s. 165 w.e.f. .

section 24. of the foreign exchange management act : 24. vacancies. omitted by the finance act, 7 of , s. 165 w.e.f. .

section 25. of the foreign exchange management act : 25. resignation and removal. omitted by s. 165, ibid. w.e.f/. .

section 30. of the foreign exchange management act : 30. power of chairperson to transfer cases. omitted by s. 165, ibid. w.e.f. .

section 26. of the foreign exchange management act : 26. member to act as chairperson in certain circumstances. omitted by s. 165, ibid. w.e.f. .

section 27. of the foreign exchange management act : 1 27. staff of special director appeal.1 the central government shall provide the office of the special director appeals with such officers and employees as it may deem fit. 2 the officers and employees of the office of the special director appeals shall discharge their functions under the general superintendence of the special director appeals. 3 the salaries and allowances and other terms and conditions of service of the officers and employees of the office of the special director appeals shall be such as may be prescribed. 1. subs. by s. 165, ibid., for section 27 w.e.f. .

section 33., to be public servants. of the foreign exchange management act : 1 33. officers and employees etc., to be public servant. the adjudicating authority, competent authority and the special director appeals and other officers and employees of the special director appeals shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 45 of . 1. subs. by act 7 of , s. 165, for section 33 w.e.f. .

section 28. of the foreign exchange management act : 1 the appellate tribunal and the special director appeals shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal and the special director appeals shall have powers to regulate its own procedure. 2 the appellate tribunal and the special director appeals shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing a representation of default or deciding it ex parte h setting aside any order of dismissal of any representation for default or any order passed by it ex parte and i any other matter which may be prescribed by the central government. 3 an order made by the appellate tribunal or the special director appeals under this act shall be executable by the appellate tribunal or the special director appeals as a decree of civil court and, for this purpose, the appellate tribunal and the special director appeals shall have all the powers of a civil court. 4 notwithstanding anything contained in subsection 3, the appellate tribunal or the special director appeals may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 5 all proceedings before the appellate tribunal and the special director appeals shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of .

section 34. of the foreign exchange management act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating authority or the appellate tribunal or the special director appeals is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 31. of the foreign exchange management act : 31. decision to be by majority. omitted by s. 165, ibid. w.e.f. .

section 32. of the foreign exchange management act : 1 a person preferring an appeal to the 1 special director appeals under this act may either appear in person or take the assistance of a legal practitioner or a chartered accountant of his choice to present his case before the 2 special director appeals. 2 the central government may authorise one or more legal practitioners or chartered accountants or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the 2 special director appeals. 1. subs by act 7 of , s. 165, for appellate tribunal or the special director appeals w.e.f. . 2. subs. by s. 165, ibid., for appellate tribunal or the special director appeals, as the case may be w.e.f.

section 36. of the foreign exchange management act : 1 the central government shall establish a directorate of enforcement with a director and such other officers or class of officers as it thinks fit, who shall be called officers of enforcement, for the purposes of this act. 2 without prejudice to the provisions of subsection 1, the central government may authorise the director of enforcement or an additional director of enforcement or a special director of enforcement or a deputy director of enforcement to appoint officers of enforcement below the rank of an assistant director of enforcement. 3 subject to such conditions and limitations as the central government may impose, an officer of enforcement may exercise the powers and discharge the duties conferred or imposed on him under this act.

section 35. of the foreign exchange management act : any person aggrieved by any decision or order of the appellate tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order of the appellate tribunal to him on any question of law arising out of such order: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. explanation.in this section high court means a the high court within the jurisdiction of which the aggrieved party ordinarily resides or carries on business or personally works for gain and b where the central government is the aggrieved party, the high court within the jurisdiction of which the respondent, or in a case where there are more than one respondent, any of the respondents, ordinarily resides or carries on business or personally works for gain.

section 37. of the foreign exchange management act : 1 the director of enforcement and other officers of enforcement, not below the rank of an assistant director, shall take up for investigation the contravention referred to in section 13. 2 without prejudice to the provisions of subsection 1, the central government may also, by notification, authorise any officer or class of officers in the central government, state government or the reserve bank, not below the rank of an under secretary to the government of india to investigate any contravention referred to in section 13. 3 the officers referred to in subsection 1 shall exercise the like powers which are conferred on incometax authorities under the incometax act, 43 of and shall exercise such powers, subject to such limitations laid down under that act.

section 41. of the foreign exchange management act : for the purposes of this act, the central government may, from time to time, give to the reserve bank such general or special directions as it thinks fit, and the reserve bank shall, in the discharge of its functions under this act, comply with any such directions.

section 37a. special provisions relating to assets held outside india in contravention of section 4 of the foreign exchange management act : 1 37a. special provisions relating to assets held outside india in contravention of section 4.1 upon receipt of any information or otherwise, if the authorised officer prescribed by the central government has reason to believe that any foreign exchange, foreign security, or any immovable property, situated outside india, is suspected to have been held in contravention of section 4, he may after recording the reasons in writing, by an order, seize value equivalent, situated within india, of such foreign exchange, foreign security or immovable property: provided that no such seizure shall be made in case where the aggregate value of such foreign exchange, foreign security or any immovable property, situated outside india, is less than the value as may be prescribed. 2 the order of seizure along with relevant material shall be placed before the competent authority, appointed by the central government, who shall be an officer not below the rank of joint secretary to the government of india by the authorised officer within a period of thirty days from the date of such seizure. 3 the competent authority shall dispose of the petition within a period of one hundred eighty days from the date of seizure by either confirming or by setting aside such order, after giving an opportunity of being heard to the representatives of the directorate of enforcement and the aggrieved person. explanation.while computing the period of one hundred eighty days, the period of stay granted by court shall be excluded and a further period of at least thirty days shall be granted from the date of communication of vacation of such stay order. 4 the order of the competent authority confirming seizure of equivalent asset shall continue till the disposal of adjudication proceedings and thereafter, the adjudicating authority shall pass appropriate directions in the adjudication order with regard to further action as regards the seizure made under subsection 1: provided that if, at any stage of the proceedings under this act, the aggrieved person discloses the fact of such foreign exchange, foreign security or immovable property and brings back the same into india, then the competent authority or the adjudicating authority, as the case may be, on receipt of an application in this regard from the aggrieved person, and after affording an opportunity of being heard to the aggrieved person and representatives of the directorate of enforcement, shall pass an appropriate order as it deems fit, including setting aside of the seizure made under subsection 1. 5 any person aggrieved by any order passed by the competent authority may prefer an appeal to the appellate tribunal. 6 nothing contained in section 15 shall apply to this section. 1. ins. by act 20 of , s. 142 w.e.f. .

section 42.contravention by companies of the foreign exchange management act : 1 where a person committing a contravention of any of the provisions of this act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention. 2 notwithstanding anything contained in subsection 1, where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section i company means any body corporate and includes a firm or other association of individuals and ii director, in relation to a firm, means a partner in the firm.

section 38. of the foreign exchange management act : 1 the central government may, by order and subject to such conditions and limitations as it thinks fit to impose, authorise any officer of customs or any central excise officer or any police officer or any other officer of the central government or a state government to exercise such of the powers and discharge such of the duties of the director of enforcement or any other officer of enforcement under this act as may be stated in the order. 2 the officers referred to in subsection 1 shall exercise the like powers which are conferred on the incometax authorities under the incometax act, 43 of , subject to such conditions and limitations as the central government may impose.

section 39. of the foreign exchange management act : show related subordinates where any document i is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this act or under any other law or ii has been received from any place outside india duly authenticated by such authority or person and in such manner as may be prescribed in the course of investigation of any contravention under this act alleged to have been committed by any person, and such document is tendered in any proceeding under this act in evidence against him, or against him and any other person who is proceeded against jointly with him, the court or the adjudicating authority, as the case may be, shall a presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting, and in the case or a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested b admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence c in a case falling under clause i, also presume, unless the contrary is proved, the truth of the contents of such document.

section 40.suspension of operation of this act of the foreign exchange management act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that any permission granted or restriction imposed by this act should cease to be granted or imposed, or if it considers necessary or expedient so to do in public interest, the central government may, by notification, suspend or relax to such extent either indefinitely or for such period as may be notified, the operation of all or any of the provisions of this act. 2 where the operation of any provision of this act has under subsection 1 been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this act remains in force, be removed by the central government by notification. 3 every notification issued under this section shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

section 45. of the foreign exchange management act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything not inconsistent with the provisions of this act for the purpose of removing the difficulty:hr1 provided that no such order shall be made under this section after the expiry of two years from the commencement of this act.hr1 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 48. of the foreign exchange management act : every rule and regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 43. of the foreign exchange management act : any right, obligation, liability, proceeding or appeal arising in relation to the provisions of section 13 shall not abate by reason of death or insolvency of the person liable under that section and upon such death or insolvency such rights and obligations shall devolve on the legal representative of such person or the official receiver or the official assignee, as the case may be: provided that a legal representative of the deceased shall be liable only to the extent of the inheritance or estate of the deceased.

section 44. of the foreign exchange management act : no suit, prosecution or other legal proceeding shall lie against the central government or the reserve bank or any officer of that government or of the reserve bank or any other person exercising any power or discharging any functions or performing any duties under this act, for anything in good faith done or intended to be done under this act or any rule, regulation, notification, direction or order made thereunder.

section 49. of the foreign exchange management act : 1 the foreign exchange regulation act, 46 of is hereby repealed and the appellate board constituted under subsection 1 of section 52 of the said act hereinafter referred to as the repealed act shall stand dissolved. 2 on the dissolution of the said appellate board, the person appointed as chairman of the appellate board and every other person appointed as member and holding office as such immediately before such date shall vacate their respective offices and no such chairman or other person shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service. 3 notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed act and no adjudicating officer shall take notice of any contravention under section 51 of the repealed act after the expiry of a period of two years from the date of the commencement of this act. 4 subject to the provisions of subsection 3 all offences committed under the repealed act shall continue to be governed by the provisions of the repealed act as if that act had not been repealed. 5 notwithstanding such repeal, a anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued or any appointment, confirmation or declaration made or any license, permission, authorization or exemption granted or any document or instrument executed or any direction given under the act hereby repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act b any appeal preferred to the appellate board under subsection 2 of section 52 of the repealed act but not disposed of before the commencement of this act shall stand transferred to and shall disposed of by the appellate tribunal constituted under this act c every appeal from any decision or order of the appellate board under subsection 3 or subsection 4 of section 52 of the repealed act shall, if not filed before the commencement of this act, be filled before the high court within a period of sixty days of such commencement: provided that the high court may entertain such appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal with the said period. 6 save as otherwise provided in subsection 3, the mention of particular matters in subsections 2, 4 and 5 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of with regard to the effect of repeal.

section 44a.powers of reserve bank not to apply to international financial services centre of the foreign exchange management act : 144a. powers of reserve bank not to apply to international financial services centre. notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the reserve bank under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , 1. ins. by act 50 of , s. 33 and the second schedule w.e.f.

section 46. power to make rules of the foreign exchange management act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for, a the imposition of reasonable restrictions on current account transactions under section 5 1aa the instruments which are determined to be debt instruments under subsection 7 of section 6 ab the permissible classes of capital account transactions in accordance with subsection 2a of section 6, the limits of admissibility of foreign exchange, and the prohibition, restriction or regulation of such transactions b the manner in which the contravention may be compounded under subsection 1 of section 15 c the manner of holding an inquiry by the adjudicating authority under subsection 1 of section 16 d the form of appeal and fee for filing such appeal under sections 17 and 19 e the salary and allowances payable to and the other terms and conditions of service of the 2special director appeals under section 23 f the salaries and allowances and other conditions of service of the officers and employees of the 3office of the special director appeals under subsection 3 of section 27 g the additional matters in respect of which the appellate tribunal and the special director appeals may exercise the powers of a civil court under clause i of subsection 2 of section 28 4gg the aggregate value of foreign exchange referred to in subsection 1 of section 37a h the authority or person and the manner in which any document may be authenticated under clause ii of section 39 and i any other matter which is required to be, or may be, prescribed. 1. ins. by act 20 of , s. 143 w.e.f. . 2. subs. by act 7 of , s. 165, for chairperson and other member of the appellate tribunal and the special director appeals w.e.f. . 3. subs. by s. 165, ibid., for appellate tribunal and the office of the special director appeals w.e.f. . 4. ins. by act 20 of , s. 143 w.e.f. .

section 47.power to make regulations of the foreign exchange management act : show related subordinates 1 the reserve bank may, by notification, make regulations to carry out the provisions of this act and the rules made thereunder. 2 without prejudice to the generality of the foregoing power, such regulations may provide for, 1a the permissible classes of capital account transactions involving debt instruments determined under subsection 7 of section 6, the limits of admissibility of foreign exchange for such transactions, and the prohibition, restriction or regulation of such capital account transactions under section 6 b the manner and the form in which the declaration is to be furnished under clause a of subsection 1 of section 7 c the period within which and the manner of repatriation of foreign exchange under section 8 d the limit up to which any person may possess foreign currency or foreign coins under clause a of section 9 e the class of persons and the limit up to which foreign currency account may be held or operated under clause b of section 9 f the limit up to which foreign exchange acquired may be exempted under clause d of section 9 g the limit up to which foreign exchange acquired may be retained under clause e of section 9 2ga export, import or holding of currency or currency notes h any other matter which is required to be, or may be, specified. 33 all regulations made by the reserve bank before the date on which the provisions of this section are notified under section 6 and section 47 of this act on capital account transactions, the regulation making power in respect of which now vests with the central government, shall continue to be valid, until amended or rescinded by the central government. 1. subs. by s. 144, ibid., for clause a w.e.f. . 2. ins. by act 20 of , s. 144 w.e.f. . 3. ins. by s. 144. ibid. w.e.f. .

section 8. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the central government shall appoint the chief executive officer to exercise such powers and perform such duties under the direction of the board as may be prescribed or as may be delegated to him by the chairperson. 2 the board shall, with the previous approval of the central government, appoint such other officers and employees as it considers necessary to carry out the objectives of the trust. 3 the salary and allowances payable to, and the other terms and conditions of service of, the chief executive officer, other officers and employees of the trust shall be such as may be determined by regulations.

The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

section 1. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 this act may be called the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f .

section 7. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : if a member a becomes subject to any of the disqualifications mentioned in section 6 or b is, without obtaining leave of absence, absent from three consecutive meetings of the board or c tenders his resignation under section 5, his seat shall thereupon become vacant.

section 2. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates in this act, unless the context otherwise requires a autism means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour b board means board of trustees constituted under section 3 c cerebral palsy means a group of nonprogressive conditions of a person characterised by abnormal motor control and posture resulting from brain insult or injuries occurring in the prenatal, perinatal or infant period of development d chairperson means the chairperson of the board appointed under clause a of subsection 4 of section 3 e chief executive officer means the chief executive officer appointed under subsection 1 of section 8 f member means a member of the board and includes the chairperson g mental retardation means a condition of arrested or incomplete development of mind of a person which is specially characterised by subnormality of intelligence h multiple disabilities means a combination of two or more disabilities as defined in clause i of section 2 of the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of i notification means a notification published in the official gazette j persons with disability means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability k prescribed means prescribed by rules made under this act l professional means a person who is having special expertise in a field which would promote the welfare of persons with disability m registered organisation means an association of persons with disability or an association of parents of persons with disability or a voluntary organisation, as the case may be, registered under section 12 n regulations means the regulations made by the board under this act o severe disability means disability with eighty per cent. or more of one or more multiple disabilities p trust means the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disability constituted under subsection 1 of section 3.

section 3. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 with effect from such date as the central government may, by notification, appoint there shall be constituted, for the purposes of this act, a body by the name of the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities, which shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 2 the general superintendence, direction and management of the affairs and business of the trust shall vest in a board which may exercise all powers and do all acts and things which may be exercised or done by the trust. 3 the head office of the trust shall be at new delhi and the board may, with the previous approval of the central government, establish offices at other places in india. 4 the board shall consist of a a chairperson to be appointed by the central government from amongst the persons having expertise and experience in the field of autism, cerebral palsy, mental retardation and multiple disability b nine persons to be appointed in accordance with such procedure as may be prescribed from amongst the registered organisations out of which three members each shall be from voluntary organisations, association of parents of persons with autism, cerebral palsy, mental retardation and multiple disability and from association of persons with disability, members: provided that initial appointment under this clause shall be made by the central government by nomination c eight persons not below the rank of joint secretary to the government of india nominated by that government to represent the ministries or departments of social justice and empowerment, women and child development, health and family welfare, finance, labour, education, urban affairs and employment and rural employment and poverty alleviation, members, ex officio d three persons to be nominated by the board representing the associations of trade, commerce and industry engaged in philanthropic activities, members e the chief executive officer, who, shall be of the rank of joint secretary to the government of india, membersecretary, ex officio. 5 the board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire for carrying out the objects of the trust: provided that such person shall have a right to take part in the discussions relevant to that purposes but shall not have a right to vote at a meeting of the board and shall not be a member for any other purposes: provided further that the maximum number of persons so associated shall not exceed eight and so far as possible the person so associated shall belong to the registered organisation or from the professionals

section 4. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the chairperson or a member shall hold office for a term of three years from the date of his appointment 1: provided that no person shall hold office as the chairperson or other member after he has attained the age of sixtyfive years. 21a the central government shall initiate the process for appointment of the chairperson or member, as the case may be, at least six months prior to the expiry of the term of office of such chairperson or member. 2 the conditions of service of the chairperson and other members shall be such as may be prescribed. 3 a casual vacancy in the board shall be filled in accordance with the provisions of section 3 and a person appointed shall hold office only for the remainder of the term for which the member, in whose place he was appointed, would have held that office: 3provided that the central government may, in case of a casual vacancy in the office of the chairperson, by order in writing, direct an officer of appropriate level, to perform the functions of the chairperson until such vacancy is filled in. 4 before appointing any person as the chairperson or a member, the central government shall satisfy itself that the person does not and will not, have any such financial or other interest as is likely to affect prejudicially his functions as such member. 5 no member of the board shall be a beneficiary of the trust during the period such member holds office. 6 the board shall meet at least once in three months at such time and place as may be determined by the board by regulations and shall observe such rules of procedure in the transaction of business at a meeting as may be prescribed. 7 the chairperson, if for any reason is unable to attend the meeting of the board, any member elected by the members present from amongst themselves at the meeting, shall preside at the meeting. 8 all questions which come up before any meeting of the board shall be decided by a majority of votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the person presiding shall have a second or casting vote. 1. the words or until his successor shall have been duly appointed, whichever is longer omitted by act 35 of , s. 2, w.e.f 29.12. 2. ins. by act 35 of , s. 2, w.e.f. 29.12.. 3. the proviso ins. by s. 2, ibid w.e.f. 29.12..

section 9. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : no act or proceeding of the board shall be called in question on the grounds merely of the existence of any vacancy in, or any defect in the constitution of, the board.

section 6. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : no person shall be a member if he a is, or becomes, of unsound mind or is so declared by a competent court or b is, or has been, convicted of an offence, which in the opinion of the central government, involves moral turpitude or c is, or at any time has been, adjudicated as an insolvent.

section 13. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 the board shall constitute a local level committee for such area as may be specified by it from time to time. 2 a local level committee shall consist of a an officer of the civil service of the union or of the state, not below the rank of a district magistrate or a district commissioner of a district b a representative of a registered organisation and c a person with disability as defined in clause t of section 2 of the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of . 3 a local level committee shall continue to work for a period of three years from the date of its constitution or till such time it is reconstituted by the board. 4 a local level committee shall meet at least once in every three months or at such interval as may be necessary.

section 5. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 the chairperson may resign his office by writing under his hand addressed to the central government: provided that the chairperson shall continue in office 1until the appointment of his successor is made by the central government. 2 a member may resign from office by writing under his hand addressed to the chairperson. 1. subs. by s. 3 ibid, for the words until the appointment of his successor is made by the central government w.e.f 29.12.

section 16. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 every person appointed as a guardian under section 14 shall, within a period of six months from the date of his appointment, deliver to the authority which appointed him, an inventory of immovable property belonging to the person with disability and all assets and other movable property received on behalf of the person with disability, together with a statement of all claims due to and all debts and liabilities due by such person with disability. 2 every guardian shall also furnish to the said appointing authority within a period of three months at the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him.

section 10. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : the objects of the trust shall be a to enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong b to strengthen facilities to provide support to persons with disability to live within their own families c to extend support to registered organisations to provide need based services during the period of crisis in the family of persons with disability d to deal with problems of persons with disability who do not have family support e to promote measures for the care and protection of persons with disability in the event of death of their parent or guardian f to evolve procedure for the appointment of guardians and trustees for persons with disability requiring such protection g to facilitate the realisation of equal opportunities, protection of rights and full participation of persons with disability and h to do any other act which is incidental to the aforesaid objects.

section 18. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 the books and documents in the possession of the board shall be open to inspection by any registered organisation. 2 any registered organisation can submit a written requisition to the board for getting a copy of any book or document maintained by the board. 3 the board shall frame such regulations as it thinks necessary for allowing the access of any book or document to a registered organisation.

section 12. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 any association of persons with disability, or any association of parents of persons with disability or a voluntary organisation whose main object is promotion of welfare of persons with disability may make an application for registration to the board. 2 an application for registration shall be made in such form and manner and at such place as the board may by regulation provide and shall contain such particulars and accompanied with such documents and such fees as may be provided in the regulations. 3 on receipt of application for registration, the board may make such enquiries as it thinks fit in respect of genuineness of the application and correctness of any particulars thereon. 4 upon receipt of such application the board shall either grant registration to the applicant or reject such application for reasons to be recorded in writing: provided that where registration has been refused to the applicant, the said applicant may again make an application for registration after removing defects, if any, in its previous application.

section 11. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 the board shall a receive from the central government a onetime contribution of rupees one hundred crores for a corpus, the income whereof shall be utilised to provide for adequate standard of living for persons with disability b receive bequests of movable property from any person for the benefit of the persons with disability in general and for furtherance of the objectives of the trust in particular: provided that it shall be obligatory on the part of the board to make arrangement for adequate standard of living for the beneficiary named in the bequest, if any, and to utilise the property bequeathed for any other purpose for which the bequest has been made: provided further that the board shall not be under any obligation to utilise the entire amount mentioned in the bequest for the exclusive benefit of the persons with disability named as beneficiary in the bequest c receive from the central government such sums as may be considered necessary in each financial year for providing financial assistance to registered organisations for carrying out any approved programme. 2 for the purposes of subsection 1, the expression approved programme means a any programme which promotes independent living in the community for persons with disability by i creating a conducive environment in the community ii counselling and training of family members of persons with disability iii setting up of adult training units, individual and group homes b any programme which promotes respite care, foster family care or day care service for persons with disability c setting up of residential hostels and residential homes for persons with disability d development of selfhelp groups of persons with disability to pursue the realisation of their rights e setting up of local level committee to grant approval for guardianship and f such other programmes which promote the objectives of the trust. 3 while earmarking funds for the purposes of clause c of subsection 2, preference shall be given to women with disability or to persons with severe disability and to senior citizens with disability. explanation.for the purposes of this subsection, the expression, a persons with severe disability shall have the same meaning as is assigned to it under subsection 4 of section 56 of the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of b senior citizen means a person who is above the age of sixtyfive years or more.

section 14. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 a parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability. 2 any registered organisation may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability: provided that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained. 3 while considering the application for appointment of a guardian, the local level committee shall consider a whether the person with disability needs a guardian b the purposes for which the guardianship is required for person with disability. 4 the local level committee shall receive, process and decide applications received under subsections 1 and 2, in such manner as may be determined by regulations: provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian. 5 the local level committee shall send to the board the particulars of the applications received by it and orders passed thereon at such interval as may be determined by regulations.

section 20. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the board shall in each year hold an annual general meeting of registered organisations, and not more than six months shall elapse between the date of one annual general meeting and that of the next. 2 a notice of the annual general meeting along with a statement of accounts and records of its activities during the preceding year shall be sent by the board to every registered organisation at such time as may be determined by regulations. 3 the quorum of such meeting shall be such number of persons of the registered organisations as may be determined by regulations.

section 15. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : every person appointed as a guardian of a person with disability under this chapter shall, wherever required, either have the care of such person of disability and his property or be responsible for the maintenance of the person with disability.

section 24. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the trust including the income and expenditure accounts in such form as the central government may prescribe and in accordance with such general direction as may be issued by that government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the trust shall be audited by the comptroller and auditor general of india at such intervals as may be specified by him and any expenditure incurred by him in connection with such audit shall be payable by board to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the trust shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india generally has in connection with the audit of the government accounts and in particular, shall have the right to demand the production of books of account, connected vouchers and other documents and papers and to inspect any of the offices of the trust. 4 the accounts of the trust as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government, and that government shall cause the same to be laid before each house of parliament.

section 17. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 whenever a parent or a relative of a person with disability or a registered organisation finds that the guardian is a abusing or neglecting a person with disability or b misappropriating or neglecting the property, it may in accordance with the prescribed procedure apply to the committee for the removal of such guardian. 2 upon receiving such application the committee may, if it is satisfied that there is a ground for removal and for reasons to be recorded in writing, remove such guardian and appoint a new guardian in his place or if such a guardian is not available make such other arrangements as may be necessary for the care and protection of person with disability. 3 any person removed under subsection 2 shall be bound to deliver the charge of all property of the person with disability to the new guardian, and to account for all moneys received or disbursed by him. explanation.for the purposes of this chapter, the expression relative includes any person related to the person with disability by blood, marriage or adoption.

section 19. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates the board shall determine by regulations the procedure for evaluating the prefunding status of registered organisations seeking financial assistance from it and such regulations may also provide for the guidelines for monitoring and evaluating the activities of the registered organisations who are receiving financial assistance from the trust

section 21. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : the central government may, after due appropriation made be parliament by law in this behalf, make to the trust a onetime contribution of rupees one hundred crores for a corpus, the income whereof may be utilised to achieve the objects of the trust under this act.

section 26. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : all orders and decisions of the board and instruments issued in the name of the trust shall be authenticated by the signature of the chairperson, the chief executive officer or any other officer authorised by the chairperson in this behalf.

section 22. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 there shall be constituted a fund to be called the national trust for welfare of persons with autism, cerebral palsy, mental retardation and multiple disabilities fund and there shall be credited thereto a all moneys received from the central government b all moneys received by the trust by way of grants, gifts, donations, benefactions, bequests and transfers c all moneys received by the trust in any other manner or from any other source. 2 all moneys belonging to the fund shall be deposited in such banks or invested in such manner as the board may, subject to the approval of the central government, decide. 3 the funds shall be applied towards meeting the administrative and other expenses of the trust including expenses incurred in the exercise of its powers and performance of duties by the board in relation to any of its activities under section 10 or for anything relatable thereto.

section 28. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 without prejudice to the foregoing provisions of this act, the board shall, in exercise of its powers or the performance of its duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final.

section 23. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates the board shall prepare, in such form and at such time in each financial year as may be prescribed, the budget for the next financial year showing the estimated receipt and expenditure of the trust and shall forward the same to the central government.

section 25. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates the board shall prepare every year, in such form and within such time as may be prescribed an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the central government and that government shall cause the same to be laid before each house of parliament.

section 31. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : no suit, prosecution or other legal proceeding shall lie against the central government or the trust or any member of the board or chief executive officer or any officer or other employee of the trust or any other person authorised by the board to perform duties under this act for any loss or damage caused or likely to be caused by anything which is done in good faith. explanation.for the purposes of this section, the expression good faith shall have the same meaning as is assigned to it in the indian penal code 45 of .

section 27. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : the board shall furnish to the central government such reports, returns and other information as that government may require from time to time.

section 29. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : 1 if the central government on the complaint of a registered organisation or otherwise has reason to believe that the board is unable to perform or has persistently made default in the performance of the duties imposed on it, the central government may issue notice to the board asking why it should not be superseded: provided that no order superseding the board shall be made by the central government, unless a notice affording reasonable opportunity to the board has been given in writing that why it should not be superseded. 2 the central government after recording reasons in writing and by issuing a notification in the official gazette supersede the board for a period of not more than six months: provided that on the expiration of the period of supersession, the central government may reconstitute the board, in accordance with section 3. 3 upon the publication of the notification under subsection 2, a all the members of the board shall, notwithstanding that their term of office had not expired as on the date of supersession, vacate their office as such members b all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the trust shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct. 4 on the expiration of the period of supersession specified in the notification issued under subsection 2, the central government may a extend the period of supersession for such further period as it may consider necessary so that the total period of supersession does not exceed more than six months or b reconstitute the board in the manner provided in section 3.

section 34. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all of the following matters, namely: a the procedure in accordance with which the persons representing registered organisation shall be elected under clause b of subsection 4 of section 3 b the conditions of service of the chairperson and members under subsection 2 of section 4 c the rules of procedure in the transaction of business at meetings of the board under sub section 6 of section 4 d the powers and duties of the chief executive officer under subsection 1 of section 8 e the form in which an application for guardianship may be made by a registered organisation under subsection 2 of section 14 f the procedure in accordance with which a guardian may be removed under section 17 g the form in which, and the time within which, the budget of the trust shall be forwarded to the central government under section 23 h the form in which the annual statement of accounts shall be maintained under subsection 1 of section 24 i the form in which, and the time within which, the annual reports shall be prepared and forwarded under section 25 j any other matter which is required to be, or may be, prescribed.

section 30. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : notwithstanding anything contained in the incometax act, 43 of , or any other law for the time being in force relating to tax on income, profits or gains, the trust shall not be liable to pay incometax or any other tax in respect of its income, profits or gains derived.

section 32. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : all members, chief executive officer, other officers and employees of the trust shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servant within the meaning of section 21 of the indian penal code 45 of .

section 36. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 33. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : the board may, by general or special order in writing, delegate to the chairperson or any member or any officer of the trust or any other person subject to such conditions and limitations, if any, as may be specified in the order such of its powers under this act except the power to make regulations under section 35 as it may deem necessary.

section 35. of the national trust for welfare of persons with autism cerebral palsy mental retardation and multiple disabilities act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and rules generally to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner and purpose for which a person may be associated under subsection 5 of section 3 b the time and place at which the board shall meet under subsection 6 of section 4 c the terms and conditions of service of, chief executive officer, other officers and employees of the trust under subsection 3 of section 8 d the form and manner in which the application shall be made for registration under subsection 2 of section 12 and the particulars which such application shall contain under that subsection e the manner in which application for guardianship shall be received, processed and decided by the local level committee under subsection 4 of section 14 f the particulars of applications and orders passed thereon by the local level committee under subsection 5 of section 14 g the procedure for evaluating the prefunding status of the registered organisations and framing of guidelines for monitoring and evaluating the activities of such registered organisations under section 19 h the time within which notice for annual general meeting shall be sent and quorum for such meeting under subsections 2 and 3 of section 20 and i any other matter which is required to be, or may be, provided by regulations.

section 4d. of the destructive insects and pests act : 14d. power of central government to make rules.21 the central government may, by notification in the official gazette, make rules prescribing the nature of the documents which shall accompany any article or insect the export or transport whereof is subject to conditions imposed under section 4a, or, which shall be held by the consignor or consignee thereof, the authorities which may issue such documents and the manner in which the documents shall be employed: 3 42 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 6 of , s. 5. 2. section 4d renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 3. the proviso omitted by s. 2 and the schedule, ibid. w.e.f. . 4. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 1. of the destructive insects and pests act : 11 this act may be called the destructive insects and pests act, . 22 it extends to the whole of india 3. 1. section 1 renumbered as subsection 1 thereof by s. 3 and the schedule, ibid. 2. ins. by s. 3 and the schedule, ibid. 33. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f .

section 4. of the destructive insects and pests act : a notification under section 3 shall operate as if it had been issued under section 19 of the sea customs act, 8 of , and the officers of customs at every port shall have the same powers in respect of any article with regard to the importation of which such a notification has been issued as they have for the time being in respect of any article the importation of which is regulated, restricted or prohibited by the law relating to sea customs, and the law for the time being in force relating to sea customs or any such article shall apply accordingly.

section 4c.. of the destructive insects and pests act : 14c. application of section 4b to articles exported to the state of jammu and kashmir. omitted by the jammu and kashmir extension of laws act, 62 of , s. 2 and the schedule w.e.f. . 1. ins. by act 6 of , s. 5.

section 2. of the destructive insects and pests act : in this act, unless there is anything repugnant in the subject or context, a crops includes all agricultural or horticultural crops 1and all trees, bushes or plants b import means the bringing or taking by sea, 2land or air 3across any customs frontier as defined by the central government 4 c infection means infection by any insect, fungus or other pest injurious to a crop 5 6 1. subs. by act 6 of , s. 3, for and trees or bushes. 2. subs. by act 20 of , s. 2, for or land. 3. ins. by the a.o. . for definition of customs frontier, see section 3a of the sea customs act, 8 of and gazette of india, pt. ii, sec. 3, dated 6th august, , p. . 4. the word and omitted by act 3 of , s. 2. 5. the word and omitted by the a.o. , which was earlier added by act 3 of , s. 2. 6. clause d omitted by act 62 of , s. 2 and the schedule w.e.f. . earlier it was subs. by act 3 of , s. 3 and the schedule.

section 3. of the destructive insects and pests act : 1 the central government may, by notification in the official gazette, prohibit or regulate, subject to such restrictions and conditions as it may impose, the import into 1india, or any part thereof, or any specified place therein, of any article or class of articles likely to cause infection to any crop 2or of insects generally or any class of insects. 2 a notification under this section may specify any article or class of articles 2or any insect or class of insects, either generally or in any particular manner, whether with reference to the country of origin or the route by which imported or otherwise. 33 the central government may, by notification under this section, also levy and collect such fees at such rates and in such manner as may be specified therein for making an application for a permit to import, or for making inspection, fumigation, disinfection, disinfestation or supervision of, any article or class of articles of any insect or class of insects under this section. 1. subs. by act 3 of , s. 3 and the schedule for the said territories. 2. ins. by act 6 of , s. 4. 3. ins. by act 12 of , s. 2 w.e.f. .

section 4a.power of central government to regulate or prohibit transport from state to state of the destructive insects and pests act : 14a. power of central government to regulate or prohibit transport from state to state of insects or articles likely to infect.the central government may, by notification in the official gazette, prohibit or regulate, subject to such conditions as the central government may impose, the export from a state or the transport from one state to another state 2 of any article or class of articles likely to cause infection to any crop or of insects generally or any class of insects. 1. ins. by act 6 of , s. 5. 2. the words in british india rep. by the a.o. .

section 4b. of the destructive insects and pests act : 1. refusal to carry article of which transport is prohibitedwhen a notification has been issued under section 4a, then, notwithstanding any other law for the time being in force, the person responsible for the booking of goods or parcels at any railway station or inland steam vessel station, a where the notification prohibits export or transport, shall refuse to receive for carriage at, or to forward or knowingly allow to be carried on, the railway or inland steam vessel from that station anything, of which import or transport is prohibited, consigned to any place in a state other than the state in which such station is situate and b where the notification imposes conditions upon export or transport shall so refuse, unless the consignor produces, or the thing consigned is accompanied by, a document or documents of the prescribed nature showing that those conditions are satisfied. 1. ins. by act 6 of , s. 5.

section 6. of the destructive insects and pests act : no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act.

section 5a. of the destructive insects and pests act : 15a. penalties.any person who knowingly exports any article or insect from a state or transports any article or insect from one state to another 52 in contravention of a notification issued under section 4a, or attempts so to export or transport any article or insect 3 and any person responsible for the booking of goods or parcels at a railway or inland steam vessel station who knowingly contravenes the provisions of section 4b shall be punishable with fine which may extend to two hundred and fifty rupees and, upon any subsequent conviction, with fine which may extend to two thousand rupees. 1. ins. by s. 7, ibid. 2. the words in british india were omitted by the a.o. . 3. the words or exports or attempts to export from india to the state of jammu and kashmir any article or insect in respect of which a notification under section 4c has been issued, omitted by act 62 of s. 2 and the schedule w.e.f. .

section 5. of the destructive insects and pests act : 1 the state government may 1, by notification in the official gazette, 2 make rules for the detention, inspection, disinfection or destruction 3of any insect or class of insects or of any article or class of articles in respect of which a notification has been issued under section 3 3or under section 4a or of any article which may have been in contact or proximity thereto, and for regulating the powers and duties of the officers whom it may appoint in this behalf. 2 in making any rule under this section the state government may direct that a breach thereof shall be punishable with fine, which may extend to one thousand rupees. 13 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. . 2. the words subject to the control of the g.g. in c. were omitted by the a.o. . 3. ins. by act 6 of , s. 6.

section 8. of the central industrial security force amendment and validation act . : after section 14 of the principal act, the following section shall be inserted, namely: 14a. technical consultancy service to industrial establishments.1 subject to any general directions which may be issued by the central government, it shall be lawful for the directorgeneral, on a request received from the managing director of an industrial establishment in the private sector or any other person authorised by him in this behalf, to direct the members of the force to provide technical consultancy services relating to security, to such industrial establishments in such manner and on payment of such fee as may be prescribed. 2 the fee received under subsection 1 shall be credited to the consolidated fund of india. explanation.for the purposes of this section, the expression managing director, in relation to an industrial establishment, means the person whether called general manager, manager, chief executive officer or a partner of a firm or by any other name who exercises control over the affairs of the establishment..

The Central Industrial Security Force (Amendment and Validation) Act, 1999.

section 2. of the central industrial security force amendment and validation act . : in the central industrial security force act, 50 of hereinafter referred to as the principal act, for the long title, the following long title shall be substituted, namely: an act to provide for the constitution and regulation of an armed force of the union for the better protection and security of industrial undertakings owned by the central government, certain other industrial undertakings, employees of all such undertakings and to provide technical consultancy services to industrial establishments in the private sector and for matters connected therewith..

section 7. of the central industrial security force amendment and validation act . : in section 10 of the principal act, after clause e, the following clauses shall be inserted, namely: f to provide technical consultancy services relating to security of any private sector industrial establishments under section 14a g to protect and safeguard the organisations owned or funded by the government and the employees of such organisations as may be entrusted to him by the central government h any other duty which may be entrusted to him by the central government from time to time..

section 5. of the central industrial security force amendment and validation act . : in section 8 of the principal act, i in clause i, after the word remove, the words , order for compulsory retirement of , shall be inserted ii in clause ii, after subclause c, the following subclauses shall be inserted, namely: d withholding of increment of pay with or without cumulative effect e withholding of promotion f censure..

section 4. of the central industrial security force amendment and validation act . : in section 3 of the principal act, in subsection 1, the words and to perform such other duties as may be entrusted to it by the central government shall be inserted at the end.

section 9. of the central industrial security force amendment and validation act . : in section 22 of the principal act, in subsection 2, i after clause ggg, the following clauses shall be inserted, namely: gggg prescribing authority under subsection 2a of section 9 and the procedure to be followed by such authority in disposing of the revision petition ggggg prescribing authority under subsection 2b of section 9, the period within which such authority may call for the records and the manner in which such authority may make inquiry ii in clause h, the word and occurring at the end shall be omitted iii after clause h, the following clause shall be inserted, namely: hh the manner in which and the fee on payment of which the technical consultancy services shall be provided under subsection 1 of section 14a and.

section 6. of the central industrial security force amendment and validation act . : in section 9 of the principal act, i in subsection 1, for the words, brackets and figure subject to the provisions of subsection 3, the words, brackets, figures and letters subject to the provisions of subsection 2a, sub section 2b and subsection 3 shall be substituted ii after subsection 2, the following subsections shall be inserted, namely: 2a any enrolled member of the force aggrieved by an order passed in appeal under sub section 1 may, within a period of six months from the date on which the order is communicated to him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of the revision petition, the said authority shall follow such procedure as may be prescribed. 2b the authority, as may be prescribed for the purpose of this subsection, on a revision petition preferred by an aggrieved enrolled member of the force or suo moto, may call for, within a prescribed period, the records of any proceeding under section 8 or subsection 2 or subsection 2a and such authority may, after making inquiry in the prescribed manner, and subject to the provisions of this act, pass such order thereon as it thinks fit. iii in subsection 3, for the words, figures and brackets under section 8 or under subsection 2, the words, figures, brackets and letters under section 8, subsection 2, subsection 2a or subsection 2b shall be substituted.

section 10. of the central industrial security force amendment and validation act . : notwithstanding any judgment, decree or order of any court to the contrary, rule 49 of the central industrial security force rules, published with the notification of the government of india in the ministry of home affairs number s.o. , dated the 12th november, shall be deemed to be, and to have always been, made under the principal act as amended by this act as if the principal act as so amended had been in force at all material times before the commencement of this act and accordingly the disposal of any revision petition under the said rule 49 before the commencement of this act or any order made or purporting to have been made or any action or thing taken or done in or under such petition shall not be deemed to be invalid or ever to have become invalid merely on the ground that the central government had no power under the principal act to make the said rule 49.

section 1. of the central industrial security force amendment and validation act . : this act may be called the central industrial security force amendment and validation act, .

section 3. of the central industrial security force amendment and validation act . : in section 2 of the principal act, in subsection 1, after clause c, the following clause shall be inserted, namely: ca industrial establishment means an industrial undertaking or a company as defined under section 3 of the companies act, 1 of or a firm registered under section 59 of the indian partnership act, 9 of which is engaged in any industry, or in any trade, business or service.

section 7. of the provident funds act : no suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this act.

section 1. of the provident funds act : 1 this act may be called the provident funds act, . 2 it extends to the whole of india 1 except the state of jammu and kashmir 2. 3 it shall come into force on such date3 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 3 of , s. 3 and schedule, for except part b states. 2. the words including british baluchistan omitted by the a.o. . 3. 1st april, , gazette of india, , pt. i, p. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6a. of the provident funds act : 16a. withholding or recovery of government contributions in case of central government officers taking up, without prior permission, commercial employment within two years of their retirement.1 in this section, unless the context otherwise requires, a central government officer means a subscriber to, or depositor in, a contributory provident fund constituted by the central government, who, immediately before his retirement, is a member of a central service class i, but does not include an officer appointed under a contract of service for a specified term b commercial employment means employment in any capacity including that of an agent under any company, cooperative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also i a directorship of a company ii the holding of any office, whether elective or otherwise, such as that of president, chairman, manager, secretary, treasurer, by whatever name called in a co operative society and iii the setting up of practice, either independently or as partner of a firm, as adviser or consultant in matters in respect of which the central government officer, a has no prefessional qualifications and the matters in respect of which the practice is to be set up or is carried on are relatable to his official knowledge or experience, or b has professional qualification, but the matters in respect of which such practice is to be set up are such as are likely to give his clients an unfair advantage by reason of the posts held by him under the central government, or c has to undertake work involving liaison or contact with the offices or officers of central government, but does not include employment in or under a corporation or company wholly or substantially owned or controlled by government or employment in or under a body controlled or financed wholly or substantially by government c government contributions means contributions made after the commencement of the provident funds amendment act, 46 of , in respect of any period after such commencement, by the central government or by a state government or by a local authority within the meaning of the local authorities loans act, 9 of d prescribed means prescribed by rules made by the central government by notification in the official gazette. 2 no central government officer shall have any right to the government contributions made to his credit in a contributory provident fund in any case where he takes up commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the central government. explanation 1.for the purposes of this subsection and subsection 7, date of retirement in relation to a central government officer reemployed after retirement without any break either in the same or any other class i post under the central government or any other equivalent post under a state government, shall mean the date on which such central government officer finally ceases to be reemployed in government service. explanation 2.a central government officer permitted by the central government to take up a particular commercial employment during his leave preparatory to retirement shall be deemed, for the purposes of this subsection, to have obtained prior permission of the central government for his continuance in such employment after retirement. 3 subject to the provisions of subsection 4, the central government may, by order in writing, on an application made in the prescribed form by a central government officer, grant, subject to such conditions, if any, as it may deem necessary, permission, or refuse, for rea sons to be recorded in the order, permission, to such officer to take up the commercial employment specified in the application. 4 in granting or refusing permission under this section to a central government officer for taking up any commercial employment, the central government shall have regard to the following factors, namely: a the nature of the employment proposed to be taken up and the antecedents of the employer b whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with government c whether the officer while in service had any such dealing with the employer under whom lie proposes to seek employment as might afford a reasonable basis for the suspicion that such officer had shown favours to such employer d any other relevant factors which may be prescribed. 5 where within a period of sixty days of the date of receipt of an application under subsection 3, the central government does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the central government shall be deemed to have granted the permission applied for. 6 where the central government grants the permission applied for subject to any conditions or refuses such permission, the applicant may, within thirty days of the receipt of the order of the central government to that effect, make a representation against any such condition or refusal and the central government may make such orders thereon as it deems fit: provided that no order other than an order cancelling such condition or granting such permission without any conditions shall be made under this sub section without giving the person making the representation an opportunity to show cause against the order proposed to be made. 7 if any central government officer takes up any commercial employment at any time before the expiry of two years from the date of his retirement without the prior permission of the central government or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this section, it shall be competent for the central government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to such part of the government contributions made in relation to such officer as may be specified in the order and if he has received payment thereof, to direct that he shall refund to the central government an amount equivalent to such part of the government contributions: provided that no such order shall be made without giving the officer concerned an opportunity of showing cause against such declaration or direction: provided further that in making any order under this subsection, the central government shall have regard to the following factors, namely: i the financial circumstances of the officer concerned ii. the nature of, and the emoluments from, the commercial employment taken up by the officer concerned iii such other relevant factors as may be prescribed. 8 any amount required to be refunded by an order under sub section 7 may, if it is not refunded within the prescribed period, be recovered as arrears of land revenue. 9 every order passed by the central government under this section shall be communicated to the officer concerned. 10 the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other provision of this act or the rules applicable to any contributory provident fund. 11 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 46 of , s. 2 w.e.f. .

section 2. of the provident funds act : in this act, unless there is anything repugnant in the subject or context, a compulsory deposit means a subscription to, or deposit in, a provident fund which, under the rules of the fund, is not, until the happening of some specified contingency, repayable on demand otherwise than for the purpose of the payment of, premia in respect of a policy of life insurance, 1or the payment of subscriptions or premia in respect of a family pension fund, and includes any contribution 2 and any interest or increment which has accrued under the rules of the fund on any such subscription, deposit or contribution, and also any such subscription, deposit, contribution, interest or increment remaining to the credit of the subscriber or depositor after the happening of any such contingency b contribution means any amount credited in a provident fund, by 3any authority administering the fund, by way of addition to, 4a subscription to, or deposit or balance at the credit of an individual account in, the fund and contributory provident fund means a provident fund the rules of which provide for the crediting of contributions c dependant means any of the following relatives of a deceased subscriber to, or a depositor in, a provident fund, namely, a wife, husband, parent, child, minor brother, unmarried sister and a deceased sons widow and child, and, where no parent of the subscriber or depositor is alive, a paternal grandparent d government provident fund means a provident fund, other than a railway provident fund, constituted by the authority of 5 the secretary of state, the central government, the crown representative or any state government for any class or classes of 6persons in the service of the government or 7of persons employed in educational institutions or employed by bodies existing solely for educational purposes,8 and references in this act to the government shall be construed accordingly e provident fund means a fund in which subscriptions or deposits of any class or classes of employees are received and held on their individual accounts, and includes any contributions 9 and any interest or increment accruing on such subscriptions, deposits or contributions under the rules of the fund 10f railway administration means i any company administering a railway or tramway in 11 any part of india either under a special act of parliament 12 of the united kingdom or an indian law, or under contract with the government, or ii the manager of any railway or tramway administered by the central government or by a state government, and includes, in any case referred to in subclause ii the 13central government or the. state government, as the case may be g railway provident fund means a provident fund constituted by the authority of a rail way administration for any class or classes of its employees. 1. ins. by act 1 of , s. 2. 2. the words credited in respect of any such subscription or deposit omitted by s. 2, ibid. 3. subs. by act 28 of , s. 2, for the authority by which the fund has been constituted. 4. subs. by act 1 of , s. 2, for or otherwise in respect of, a subscription to, or deposit in,. 5. subs. by the a.o. , for the government. 6. subs. by act 25 of , s. 3 and the second schedule, for its employees. 7. subs. by act 7 of , s. 2, for for teachers in educational institutions. 8. ins. by the a.o. . 9. the words credited in respect of such subscriptions or deposits omitted by act 1 of , s.2. 10. subs. by the a.o. , for clause f. 11. subs. by act 3 of , s. 3 and sch., for a part a state or a part c state. 12. ins. by the a.o. . 13. subs. by the a.o. , for federal railway authority.

section 5. of the provident funds act : 11 notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise, by a subscriber to, or depositor in, a government or railway provident fund of the sum standing to his credit in the fund, or of any part thereof, where any nomination, duly made in accordance with the rules of the fund, purports to confer upon any person the right to receive the whole or any part of such sum on the death of the subscriber or depositor occurring before the sum has become payable or before the sum, having become payable, has been paid, the said person shall, on the death as aforesaid of the subscriber or depositor, become entitled, to the exclusion of all other persons, to receive such sum or part thereof, as the case may be, unless a such nomination is at any time varied by another nomination made in like manner or expressly cancelled by notice given in the manner and to the authority prescribed by those rules, or b such nomination at any time becomes invalid by reason of the happening of some contingency specified therein, and if the said person predeceases the subscriber or depositor, the nomination shall, so far as it relates to the right conferred upon the said person, become void and of no effect: provided that where provision has been duly made in the nomination in accordance with the rules of the fund, conferring upon some other person such right in the stead of the person deceased, such right shall, upon the decease as aforesaid of the said pers on, pass to such other person. 2 notwithstanding anything contained in 2the indian succession act, 39 of or the bombay regulation viii of , any 3person, who becomes entitled as aforesaid, may be granted a certificateunder that act, or that regulation, as the case may be, entitling him to receive payment of such sum or part, and such certificate shall not be deemed to be invalidated or superseded by any grant to any other person of probate or letters of administration to the estate of the deceased. 43 the provisions of this section as amended by subsection 1 of section 2 of the provident funds amendment act, 11 of , shall apply also to all such nominations made before the date of the commencement of that act: provided that the provisions of this section as so amended shall not operate to affect any case, in which before the said date any sum has been paid, or has under the rules of the fu nd become payable in pursuance of any nomination duly made in accordance with those rules. 1. subs. by act 11 of , s. 2, for subsection 1. 2. subs. by act 35 of , s. 3 and the second schedule, for the succession certificate act, . 3. subs. by act 11 of , s. 2, for certain words. 4. added by s. 2, ibid.

section 3. of the provident funds act : 1 a compulsory deposit in any government or railway provident fund shall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or order of any civil, revenue or criminal court in respect of any debt or liability incurred by the subscriber or depositor, and neither the official assignee nor any receiver appointed under the provincial insolvency act, 5 of , shall be entitled to, or have any claim on, any such compulsory deposit. 2 any sum standing to the credit of any subscriber to, or depositor in, any such fund at the time of his decease and payable under the rules of the fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment o n his behalf, shall, subject to any deduction authorised by this act and, save where the dependant is the widow or child of the subscriber or depositor, subject also to the rights of an assignee under an assignment made before the commencement of this act, vest in the dependant, and shall, subject as aforesaid, be free from any debt or other liability incurred by the deceased or incurred by the dependant before the death of the subscriber or depositor .

section 4. of the provident funds act : 1 when under the rules of any government or railway provident fund the sum standing to the credit of any subscriber or depositor, or the balance thereof after the making of any deduction authorised by this act, has become payable, the officer whose duty is to make the payment shall pay the sum or balance, as the case may be, to the subscriber or depositor, or, if he is dead, shall a if the sum or balance, or, any part thereof, vests in a dependant under the provisions of section 3, pay the same to the dependant or to such person as may be authorised by law to receive payment on his behalf or b if the whole sum or balance, as the case may be, does not exceed five thousand rupees, pay the same, or any part thereof, which is not payable under clause a, to any person nominated to receive it under the rules of the fund, or, if no person is so nominated, to any person appearing to him to be otherwise entitled to receive it or c in the case of any sum or balance, or any part thereof, which is not payable to any person under clause a or clause b pay the same, i to any person nominated to receive it under the rules of the fund, on production by such person of probate or letters of administration evidencing the grant to him of administration to the estate of the deceased or a certificate granted under the succession certificate act, 7 of , or under the bombay regulation viii of , entitling the holder thereof to receive payment of such sum, balance or part, or ii where no person is so nominated, to any person who produces such probate, letters or certificate: provided that, where the whole or any part of any sum standing to the credit of the subscriber or depositor has been assigned to any other person before the commencement of this act, and notice in writing of the assignment has been received by t he officer from the assignee, the officer shall, after making any deduction authorised by this act and any payment due under clause a to or on behalf of the widow or children of the subscriber or depositor i if the subscriber or depositor or, if he is dead, the person to whom in the absence of any valid assignment the sum or balance would be payable under this sub section gives his consent in writing, pay the sum or part or the balance thereof, as the case may be, to the assignee, or ii if such consent is not forthcoming, withhold payment of the sum, part or balance, as the case may be, pending a decision of a competent civil court as to the person entitled to receive it. 2 the making of any payment authorised by subsection 1 shall be a full discharge to the government or the railway administration, as the case may be, from all liability in respect of so much of the sum standing to the credit of the subscriber or depositor as is equivalent to the amount so paid. 1. see now the indian succession act, 39 of .

section 6. of the provident funds act : when the sum standing to the credit of any subscriber or depositor in any government or railway provident fund which is a contributory provident fund becomes payable, there may, if the authority 1specified in this behalf in. the rules of the fund so directs, be deducted therefrom and paid to 2government or the railway administation, as the case may bed, a any amount due under a liability incurred by the subscriber or depositor to 2government or the railway administration, but not exceeding in any case the total amount of any contributions credited to the account of the subscriber or depositor and of any interest or increment which has accrued on such contributions or b where the subscriber or depositor has been dismissed from 3his employment for any reasons specified in this behalf in the rules of the fund, or where he has resigned such employment within five years of the commencement thereof, the whole or any part of the amount of any such contributions, interest and increment. 1. subs. by act 28 of , s. 3, for by which the fund has been constituted. 2. subs. by s. 3, ibid., for that authority. 3. subs. by s. 3, ibid., for the employment of that authority.

section 8. of the provident funds act : 11 the 2appropriate government may, by notification in the official gazette, direct that the provisions of this act 3except section 6a shall apply to any provident fund established for the benefit of its employees by any local authority within the meaning of the local authorities loans act, 9 of , and, on the making of such declaration, this act shall apply accordingly, as if such provident fund were a government provident fund and such local authority were the government. 42 the 5appropriate government may, by notification in the official gazette, direct that the provisions of this act 6except section 6a shall apply to any provident fund established for the benefit of the employees of any of the institutions specified in the schedule, or of any group of such institutions, and, on the making of such declaration, this act shall apply accordingly, as if such provident fund were a government provident fund and the authority having custody of the fund were the government: provided that section 6 shall apply as if the authority making the contributions referred to in that section were the government. 3 the 5appropriate government may, by notification in the official gazette, add to the schedule the name of any public institution it may deem fit, and any such addition shall take effect as if it had been made by this act. 74 in this section the appropriate government means a in relation to a cantonment authority, a port authority for a major port, and any institution which, or the objects of which, appear to the central government to fall within list i in the seventh schedule to 8the constitution, the central government and b in other cases, the state government. explanation.the state government in relation to an institution registered under the societies registration act, 21 of means the state government of the state in which the society is registered. 1. section 8 renumbered as subsection 1 thereof by act 1 of , s. 3. 2. subs. by the a.o. , for l.g.. 3. ins. by act 46 of , s. 3 w.e.f. . 4. added by act 1 of , s. 3. 5. subs. by the a.o. , for g.g. in c.. 6. ins. by act 46 of , s. 3 w.e.f. . 7. ins. by the a.o. . 8. subs. by the a.o. , for the government of india act, .

section 9. of the provident funds act : nothing in section 4 or section 5 shall apply to money belonging to any estate for the purpose of the administration of which the regimental debts act, 56 57 viet., c.5, applies.

section 10.. of the provident funds act : repeals. rep. by the repealing act, 12 of , s. 2 and sch.

section 8. of the drugs and magic remedies objectionable advertisement act : 18. powers of entry, search, etc.1 subject to the provisions of any rules made in this behalf, any gazetted officer authorised by the state government may, within the local limits of the area for which he is so authorised, a enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this act has been or is being committed b seize any advertisement which he has reason to believe contravenes any of the provisions of this act: provided that the power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise, from such document, article or thing without affecting the integrity, utility or saleable value thereof c examine any record, register, document or any other material object found in any place mentioned in clause a and seize the same if he has reason to believe that it may furnish evidence of the commission of any offence punishable under this act. 2 the provisions of the code of criminal procedure, 5 of , shall, so far as may be, apply to any search or seizure under this act as they apply to search or seizure made under the authority of a warrant issued under section 98 or the said code. 3 where any person seizes anything under clause b or clause c of subsection 1, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof. 1. subs. by act 42 of , s. 5, for s. 8 w.e.f. .

The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

section 1. of the drugs and magic remedies objectionable advertisement act : 1 this act may be called the drugs and magic remedies objectionable advertisement act, . 2 it extends to the whole of india 1, and applies also to persons domiciled in the territories to which this act extends who are outside the said territories. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2 1st april, , vide notification no. s.r.o. 511, dated 26th february, , see gazette of india, , part ii, s. 3.

section 4. of the drugs and magic remedies objectionable advertisement act : subject to the provisions of this act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which a directly or indirectly gives a false impression regarding the true character of the drug or b makes a false claim for the drug or c is otherwise false or misleading in any material particular.

section 7. of the drugs and magic remedies objectionable advertisement act : whoever contravenes any of the provisions of this act 1or the rules made thereunder shall, on conviction, be punishable a in the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both b in the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both. 1 ins. by s. 4, ibid. w.e.f. .

section 3. of the drugs and magic remedies objectionable advertisement act : subject to the provisions of this act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for a the procurement of miscarriage in women or prevention of conception in women or b the maintenance or improvement of the capacity of human beings for sexual pleasure or c the correction of menstrual disorder in women or 1d the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule, or any other disease, disorder or condition by whatsoever name called which may be specified in the rules made under this act: provided that no such rule shall be made except i in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies and ii after consultation with the drugs technical advisory board constituted under the drugs and cosmetics act, 23 of , and if the central government considers necessary, with such other persons having special knowledge or practical experience in respect of ayurvedic or unani systems of medicines as that government deems fit. 1. subs. by s. 3, ibid., for clause d w.e.f. .

section 9. of the drugs and magic remedies objectionable advertisement act : 1 if the person contravening any of the provisions of this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against, and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 2. of the drugs and magic remedies objectionable advertisement act : in this act, unless the context otherwise requires, a advertisement includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke b drug includes i a medicine for the internal or external use of human beings or animals ii any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals iii any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals iv any article intended for use as a component of any medicine, substance or article, referred to in subclauses i, ii and iii c magic remedy includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals 1cc registered medical practitioner means any person, i who holds a qualification granted by an authority specified in, or notified under section 3 of the indian medical degrees act, 7 of specified in the schedules to the indian medical council act, of or ii who is entitled to be registered as a medical practitioner under any law for the time being in force in any state to which this act extends relating to the registration of medical practitioner d taking any part in the publication of any advertisement includes i the printing of the advertisement, ii the publication of any advertisement outside the territories to which this act extends by or at the instance of a person residing within the said territories 2 1. ins. by act 42 of , s. 2 w.e.f. . 2. clause e omitted by act 42 of , s. 2 w.e.f. .

section 9a. of the drugs and magic remedies objectionable advertisement act : 19a. offences to be cognizable.notwithstanding anything contained in the code of criminal procedure, 5 of , an offence punishable under this act shall be cognizable. 1. ins. by s. 6, ibid. w.e.f. .

section 5. of the drugs and magic remedies objectionable advertisement act : no person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in section 3.

section 6. of the drugs and magic remedies objectionable advertisement act : no person shall import into, or export from, the territories to which this act extends any documents containing an advertisement of the nature referred to in section 3 or in section 4 or section 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under section 19 of the sea customs act, 8 of , and all the provisions of that act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word shall therein the word may were substituted.

section 10. of the drugs and magic remedies objectionable advertisement act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 16. of the drugs and magic remedies objectionable advertisement act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules may a specify any 1disease, disorder or condition to which the provisions of section 3 shall apply b prescribe the manner in which advertisements of articles or things referred to in clause c of 2 section 14 may be sent confidentially. 33 every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1.subs. by s. 10, ibid., for disease or condition w.e.f. . 2. the words, brackets and figure subsection 1 of omitted by act 42 of , s. 10 w.e.f. . 3. ins. by s. 10, ibid. w.e.f.

section 10a. of the drugs and magic remedies objectionable advertisement act : 110a. forfeiture. where a person has been convicted by any court for contravening any provision of this act or any rule made thereunder, the court may direct that any document including all copies thereof, article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under clause b of subsection 1 of section 8, shall be forfeited to the government. 1. ins. by act 42 of , s. 7 w.e.f. .

section 11. of the drugs and magic remedies objectionable advertisement act : every person authorized under section 8 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 12. of the drugs and magic remedies objectionable advertisement act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 15. of the drugs and magic remedies objectionable advertisement act : if, in the opinion of the central government, public interest requires that the advertisement of any specified drug or class of drugs 1or any specified class of advertisements relating to drugs should be permitted, it may, by notification in the official gazette, direct that the provisions of sections 3,4,5 and 6 or any one of such provisions shall not apply or shall apply subject to such conditions as may be specified in the notification to or in relation to the advertisement of any such drugs or class of drugs 1or any such class of advertisements relating to drugs. 1. ins. by s. 9, ibid. w.e.f. .

section 13. of the drugs and magic remedies objectionable advertisement act : the provisions of this act are in addition to, and not in derogation of the provisions of any other law for the time being in force.

section 14. of the drugs and magic remedies objectionable advertisement act : 114. savings.nothing in this act shall apply to a any signboard or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in section 3, the schedule or the rules made under this act is undertaken in those premises or b any treatise or book dealing with any of the matters specified in section 3 from a bonafide scientific or social standpoint or c any advertisement relating to any drug sent confidentially in the manner prescribed under section 16 only to a registered medical practitioner or d any advertisement relating to a drug printed or published by the government or e any advertisement relating to a drug printed or published by any person with the previous sanction of the government granted prior to the commencement of the drugs and magic remedies objectionable advertisements amendment act, 42 of : provided that the government may, for reasons to be recorded in writing, withdraw the sanction after giving the person an opportunity of showing cause against such withdrawal. 1. subs. by s. 8, ibid., for section 14 w.e.f. .

section 8. of the repatriation of prisoners act : 1 the central government shall authorise an officer not below the rank of a joint secretary to a state government, within the limits of whose jurisdiction the place of imprisonment of the prisoner is situated, to issue a warrant on behalf of the central government under subsection 1 of section 7 directing the officer in charge of the prison therein to deliver the custody of the prisoner to the person authorised by the contracting state to which the prisoner is to be transferred, presenting such person a copy of the warrant together with all the records relating to the prisoner and the personal effects taken from the prisoner at the time of his admission in the prison. 2 upon the presentation of a warrant referred to in subsection 1, the officer in charge of the prison shall forthwith comply with the warrant and obtain thereon the signature of the person to whom delivery of the prisoner, records and the personal effects relating to the prisoner to be removed from the prison is given. 3 after delivery of the prisoner to the person authorised by the contracting state under subsection 2, the officer in charge of the prison transferring the prisoner shall forward a copy of the warrant to the court which committed the prisoner to the prison, along with a statement that the prisoner has been delivered to the person authorised by the contracting state under subsection 1. 4 the delivery of the prisoner in compliance of the warrant issued under subsection 1 shall discharge the officer in charge of the prison from the responsibility of keeping the prisoner in his custody.

section 1. of the repatriation of prisoners act : show related subordinates 1 this act may be called the repatriation of prisoners act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 1st january, , vide notification no. s.o. e, dated 24th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the repatriation of prisoners act : in this act, unless the context otherwise requires, a contracting state means a government of any country or place outside india in respect of which arrangement has been made by the central government with the government of such country or place through a treaty or otherwise for transfer of prisoners from india to such country or place and vice versa and includes any other government of such country or place specified by the central government, by notification in the official gazette, under subsection 1 of section 3 b prescribed means prescribed by rules made under this act c prisoner means a person undergoing a sentence of imprisonment under an order passed by a criminal court including the courts established under the law for the time being in force in contracting states d warrant means a warrant issued under subsection 1 of section 7 or subsection 2 of section 12, as the case may be e words and expressions used herein and not defined but defined in the code of criminal procedure, 2 of have the meanings respectively assigned to them in that code.

section 7. of the repatriation of prisoners act : 1 if the central government, on receipt of a communication from the concerned contracting state, a expressing its willingness to accept the transfer of the prisoner and b undertaking to comply with the conditions specified in the warrant, is satisfied that the prisoner should be transferred to the said state, the central government may, notwithstanding anything contained in any other law for the time being in force, issue a warrant in accordance with the provisions of section 8 in such form as may be prescribed. 2 where a warrant is issued under subsection 1, the central government shall inform the contracting state accordingly and request that state to specify the person to whom and the place within india where custody of the prisoner shall be delivered.

section 9. of the repatriation of prisoners act : it shall be lawful for the person authorised by the contracting state to whom the custody of a prisoner is delivered under the provisions of subsection 2 of section 8 to receive and hold in custody such prisoner and to convey him out of india and if the prisoner escapes from such custody within india, the prisoner may be arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer in charge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224 of the indian penal code 45 of and shall also be liable for such sentence of imprisonment in india which he would have to undergo if the delivery of custody of such prisoner had not been made under section 8.

section 5. of the repatriation of prisoners act : 1 on receipt of the application under section 4, the central government shall direct the officer in charge of the prison, where the prisoner is confined, to furnish such information which in the opinion of that government is relevant for the purpose of transfer. 2 on receipt of the information under subsection 1, if the central government is satisfied that a no inquiry, trial or any other proceeding is pending against the prisoner b death penalty has not been awarded to the prisoner c the prisoner has not been convicted for an offence under the 1 military law and d transfer of custody of the prisoner to the contracting state shall not be prejudicial to the sovereignty, security or any other interest of india, it shall pass an order for forwarding the application of the prisoner to the contracting state. 1 subs. by act 6 of , s. 2, for martial law w.e.f. .

section 3. of the repatriation of prisoners act : 1 the central government may, by notification in the official gazette, direct that the provisions of this act shall apply to a country or place outside india as may be specified in the notification. 2 if the notification under subsection 1 relates to a country or place outside india with which a treaty has been entered into by india for the transfer of prisoners between that country and india, then, such notification shall also set out the full text of the said treaty and shall in no case remain in force longer than the period of the said treaty. 3 if the central government is of the opinion that, with respect to a country or place outside india, provisions of this act require to be modified to give effect to a treaty in relation to such country, it may, by notification in the official gazette, direct that the application of this act to such country shall be subject to such conditions, exceptions and modifications specified in the notification.

section 6. of the repatriation of prisoners act : 1 the application of the prisoner shall be forwarded by the central government through prescribed means to the government of the contracting state to deal with such application along with the following information, namely: a a copy of the judgment and a copy of the relevant provisions of the law under which the sentence has been passed against the prisoner b the nature, duration and date of commencement of the sentence of the prisoner c medical report or any other report regarding the antecedents and character of the prisoner, where it is relevant for the disposal of his application or for deciding the nature of his confinement and d any other information which the central government may consider necessary. 2 where any application of a prisoner forwarded by the central government has been accepted by the contracting state, the central government may seek from such contracting state, all or any of the following information or documents before taking decision to transfer the prisoner to the contracting state, namely: a a statement or document indicating that the prisoner is a citizen of the contracting state b a copy of the relevant law of the contracting state constituting the act or omission as the offence, on account of which the sentence has been passed in india, as if such act or omission was an offence under the law of that state c a statement of the fact or any law or regulation relating to the duration and enforcement of the sentence of the prisoner in the contracting state upon his transfer d the willingness of the contracting state to accept the transfer of the prisoner and an undertaking to administer the remaining part of the sentence of the prisoner e an undertaking to comply with the conditions, if any, specified by the central government and f any other information or document which the central government may consider necessary.

section 4. of the repatriation of prisoners act : any prisoner who is a citizen of a contracting state may make an application to the central government for transfer of his custody from india to that contracting state: provided that if a prisoner is not able to make an application himself because of his ill health, mental condition, old age or being a minor, then, the application may be made by any other person entitled to act on his behalf.

section 10. of the repatriation of prisoners act : where a prisoner is or is to be transferred to a contracting state under the provisions of this act, the central government may requisition the records of any proceeding, including judicial proceedings relating to that prisoner from any court or office, and may direct that such records shall be sent to the government of the contracting state.

section 16. of the repatriation of prisoners act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to it to be necessary for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament.

section 11. of the repatriation of prisoners act : the transfer of a prisoner from india to a contracting state shall not affect the power of the court which passed the judgment to review its judgment and power of the central government or state government to suspend, remit or commute the sentence in accordance with any law for the time being in force.

section 12. of the repatriation of prisoners act : 1 the central government may accept the transfer of a prisoner, who is a citizen of india, from a contracting state wherein he is undergoing any sentence of imprisonment subject to such terms and conditions as may be agreed to between india and that state. 2 if the central government accepts the request for a transfer under subsection 1, then, notwithstanding anything contained in any other law for the time being in force, it may issue a warrant to detain the prisoner in prison in accordance with the provisions of section 13 in such form as may be prescribed.

section 13. of the repatriation of prisoners act : 1 the central government shall, in consultation with a state government, determine the prison situated within the jurisdiction of such state government where the prisoner with respect to whom a warrant has been issued under subsection 2 of section 12, shall be lodged and the officer who shall receive and hold him in custody. 2 the central government shall authorise any officer not below the rank of a joint secretary to that government to issue a warrant under subsection 2 of section 12 and to direct the officer referred to in subsection 1 to receive and hold the prisoner, with respect to whom the warrant is issued, in custody. 3 it shall be lawful for the officer referred to in subsection 1 to receive and hold in custody any prisoner delivered to him under the direction made in the warrant issued under subsection 2 of section12 and to convey such prisoner to any prison determined under subsection 1 for being dealt with in accordance with the said warrant and if the prisoner escapes from such custody, the prisoner may be arrested without warrant by any person who shall without undue delay deliver such prisoner to the officer in charge of the nearest police station and the prisoner so arrested shall be liable for committing an offence under section 224 of the indian penal code 45 of and shall also be liable to be dealt with in accordance with the said warrant. 4 a warrant under subsection 2 of section 12 shall provide for a the bringing of the prisoner into india from a contracting state or a place outside india b the taking of such prisoner in any part of india being a place at which effect may be given to the provisions contained in the warrant c the nature and duration of imprisonment of the prisoner in accordance with the terms and conditions referred to in subsection 1 of section 12 and the imprisonment of such prisoner in indiain such manner as may be contained in the warrant and d any other matter which may be prescribed. 5 notwithstanding anything contained in any other law for the time being in force, the imprisonment of a prisoner in compliance with a warrant issued under subsection 2 of section 12 shall be deemed to be imprisonment under a sentence of a court competent to pass such a sentence of imprisonment in india. 6 if the sentence of imprisonment passed against the prisoner in the contracting state is incompatible with the indian law as to its nature, duration or both, the central government may, by order, adapt the sentence of such punishment as to the nature, duration or both, as the case may be, as is compatible to the sentence of imprisonment provided for a similar offence had that offence been committed in india: provided that the sentence so adapted shall, as far as possible, correspond with the sentence imposed by the judgment of the contracting state to the prisoner and such adapted sentence shall not aggravate the punishment, by its nature, duration or both in relating to the sentence imposed in the contracting state.

section 15. of the repatriation of prisoners act : every notification issued under subsections 1 and 3 of section 3 and every rule made under section 14 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or rule or both houses agree that the notification or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

section 14. of the repatriation of prisoners act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the means through which an application may be forwarded under subsection 1 of section 6 b the form in which a warrant may be issued under subsection 1 of section 7 c the form in which a warrant may be issued under subsection 2 of section 12 and d any other matter which may be prescribed under clause d of subsection 4 of section 13.

section 8. of the employment of manual scavengers and construction of dry latrines prohibition act : all executive authorities, all officers and other employees of such authorities including the officers authorised under subsection 1 of section 5, all inspectors appointed under subsection 1 of section 9 and all officers and other employees authorised to execute a scheme or order made under this act, when acting or purporting to act in pursuance of any provisions of this act or the rules or schemes made or orders or directions issued thereunder, shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993

section 1. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 this act may be called the employment of manual scavengers and construction of dry latrines prohibition act, . 2 it applies in the first instance to the whole of the states of andhra pradesh, goa, karnataka, maharashtra, tripura and west bengal and to all the union territories and it shall also apply to such other state which adopts this act by resolution passed in that behalf under clause 1 of article 252 of the constitution. 3 it shall come into force in the states of andhra pradesh, goa, karnataka, maharashtra, tripura and west bengal and in the union territories on such date1 as the central government may, by notification, appoint and in any other state which adopts this act under clause 1 of article 252 of the constitution, on the date of such adoption. 1. 26th january, , vide notification no. s.o. 58e, dated 24th january, , see gazette of india, extraordinary, part ii, sec. 3ii. extended to the union territory of jammu and kashmir and union territory of ladakh by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 4. of the employment of manual scavengers and construction of dry latrines prohibition act : the state government may, by a general or special order published in the official gazette, and upon such conditions, if any, as it may think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this act or from any specified requirement contained in this act or any rule, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispensed with in the circumstances of the case.

section 7. of the employment of manual scavengers and construction of dry latrines prohibition act : notwithstanding anything contained in any other law but subject to the other provisions of this act, the state government may, in the exercise of its powers and performance of its functions under this act, issue directions in writing to any person, officer or local or other authority and such person, officer or a local or other authority shall be bound to comply with such directions.

section 3. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 subject to subsection 2 and the other provisions of this act, with effect from such date and in such area as the state government may, by notification, specify in this behalf, no person shall a engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta or b construct or maintain a dry latrine. 2 the state government shall not issue a notification under subsection 1 unless i it has, by notification, given not less than ninety days notice of its intention to do so ii adequate facilities for the use of waterseal latrines in that area exist and iii it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area.

section 5. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the state government may, by order published in the official gazette, appoint a district magistrate or a subdivisional magistrate, as an executive authority to exercise jurisdiction within such area as may be specified in the order and confer such powers and impose such duties on him, as may be necessary to ensure that the provisions of this act are properly carried out and the executive authority may specify the officer or officers, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer or officers so specified. 2 the executive authority appointed under subsection 1 and the officer or officers specified under that subsection shall, as far as practicable, try to rehabilitate and promote the welfare of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under subsection 1 of section 3 has been issued by securing and protecting their economic interests.

section 2. of the employment of manual scavengers and construction of dry latrines prohibition act : in this act, unless the context otherwise requires, a area, in relation to any provision of this act, means such area as the state government may, having regard to the requirements of that provision, specify by notification b building means a house, outhouse, stable, latrine, urinal, sheet house, hut, wall other than a boundary wall or any other structure whether made of masonry, bricks, wood, mud, metal or other material c dry latrine means a latrine other than a waterseal latrine d environment includes water, air and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, microorganism and property e environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment f environmental pollution means the presence in the environment of any environmental pollutant g executive authority means an executive authority appointed under subsection 1 of section 5 h hudco means the housing and urban development corporation limited, a government company registered by that name under the companies act, 1 of i latrine means a place set apart for defecation together with the structure comprising such place, the receptacle therein for collection of human excreta and the fittings and apparatus, if any, connected therewith j manual scavenger means a person engaged in or employed for manually carrying human excreta and the expression manual scavenging shall be construed accordingly k notification means a notification published in the official gazette l prescribed means prescribed by rules made under this act m state government, in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution n waterseal latrine means a pourflush latrine, water flush latrine or a sanitary latrine with a minimum waterseal of 20 millimetres diameter in which human excreta is pushed in or flushed by water.

section 6. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the state government may, by notification, make one or more schemes for regulating conversion of dry latrines into, or construction and maintenance of, waterseal latrines, rehabilitation of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under subsection 1 of section 3 has been issued in gainful employment and administration of such schemes and different schemes may be made in relation to different areas and for different purposes of this act: provided that no such scheme as involving financial assistance from the hudco shall be made without consulting it. 2 in particular, and without prejudice to the generality of the foregoing power, such schemes may provide for all or any of the following matters, namely: a timebound phased programme for the conversion of dry latrines into waterseal latrines b provision of technical or financial assistance for new or alternate low cost sanitation to local bodies or other agencies c construction and maintenance of community latrines and regulation of their use on pay and use basis d construction and maintenance of shared latrines in slum areas or for the benefit of socially and economically backward classes of citizens e registration of manual scavengers and their rehabilitation f specification and standards of waterseal latrines g procedure for conversion of dry latrines into waterseal latrines h licensing for collection of fees in respect of community latrines or shared latrines.

section 13. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the central government may, by notification, constitute a one or more project committees for appraising of the schemes for the construction of waterseal latrines in the country b one or more monitoring committees to monitor the progress of such schemes c such other committees for such purposes of the act and with such names as the central government may deem fit. 2 the composition of the committees constituted by the central government, the powers and functions thereof, the terms and conditions of appointment of the members of such committees and other matters connected therewith shall be such as the central government may prescribe. 3 the members of the committees under subsection 1 shall be paid such fees and allowances for attending the meetings as may be prescribed. 4 the state government may, by notification, constitute a one or more state coordination committees for coordinating and monitoring of the programmes for the construction of waterseal latrines in the state and rehabilitation of the persons who were engaged in or employed for as manual scavengers in any area in respect of which a notification under subsection 1 of section 3 has been issued b such other committees for such purpose of the act and with such names as the state government may deem fit. 5 the composition of the committees constituted by the state government the powers and functions thereof, the terms and conditions of the members of such committees and other matters connected therewith shall be such as the state government may prescribe. 6 the members of the committees under subsection 4 shall be paid such fees and allowances for attending the meetings as may be prescribed.

section 9. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the state government may, by notification, appoint such persons as it may think fit to be inspectors for the purposes of this act, and define the local limits within which they shall exercise their powers under this act. 2 every inspector within the local limits of jurisdiction of an executive authority shall be subordinate to such authority. 3 subject to any rules made in this behalf by the state government, an inspector may, within the local limits of his jurisdiction, enter, at all reasonable times, with such assistance as he considers necessary, any place for the purpose of a performing any of the functions of the executive authority entrusted to him b determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this act or the rules, orders or schemes made thereunder or any notice, order, direction or authorisation served, made, given or granted under this act is being or has been complied with c examining and testing any latrine or for conducting an inspection of any building in which he has reason to believe that an offence under this act or the rules, orders or schemes made thereunder has been or is being or is about to be committed and to prevent or mitigate environmental pollution.

section 15. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or such other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 10. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 on receipt of information with respect to the fact or apprehension of any occurrence of contravention of the provisions of section 3, whether through intimation by some person or on a report of the inspector or otherwise, the executive authority shall, as early as practicable, besides taking any other action under this act, direct the owner or occupier of the premises to take such remedial measures, as may be necessary, within such reasonable time as may be specified therein and in case the owner or occupier, as the case may be, fails to comply with such directions, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution at the cost of such owner or occupier of the premises. 2 the expenses, if any, incurred by the executive authority with respect to the remedial measures referred to in subsection 1, together with interest at such rate as the state government may specify from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

section 11. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 notwithstanding anything contained in its memorandum of association or articles of association or schemes for the grant of loans for housing and urban development, it shall be the duty of hudco to extend, in suitable cases, financial assistance for the implementation of such schemes for the construction of waterseal latrines as may be made under section 6. 2 the financial assistance referred to in subsection 1 may be extended by hudco on such terms and conditions including on easy and concessional rates of interest and in such manner as it may think fit in each case or class of cases.

section 18. of the employment of manual scavengers and construction of dry latrines prohibition act : no court shall take cognizance of an offence punishable under this act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the complainant.

section 12. of the employment of manual scavengers and construction of dry latrines prohibition act : any order or scheme which the state government is empowered to make under this act may, notwithstanding the absence of any express provision to that effect, provide for levy of fees in respect of a community latrines constructed under a scheme on pay and use basis or b shared latrines constructed under a scheme or c supply of copies of documents or orders or extracts thereof or d licensing of contractors for construction of waterseal latrines or e any other purpose or matter involving rendering of service by any officer, committee or authority under this act or any rule, direction, order or scheme made thereunder: provided that the state government may, if it considers necessary so to do, in the public interest, by general or special order published in the official gazette, grant exemption on such grounds as it deems fit from the payment of any such fee either in part or in full.

section 20. of the employment of manual scavengers and construction of dry latrines prohibition act : no suit, prosecution or other legal proceedings shall lie against the government or any officer or other employee of the government or any authority constituted under this act or executing any scheme made under this act or any member, officer or other employee of such authority or authorities in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules or schemes made, or the orders or directions issued, thereunder.

section 17. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act. 2 no prosecution for any offence under this act shall be instituted except by or with the previous sanction of the executive authority. 3 no court shall take cognizance of any offence under this act except upon a complaint made by a person generally or specially authorised in this behalf by the executive authority.

section 19. of the employment of manual scavengers and construction of dry latrines prohibition act : the central government may, in relation to its functions under this act, from time to time, require any person, officer, state government or other authority to furnish to it, any prescribed authority or officer any reports, returns, statistics, accounts and other information as may be deemed necessary and such person, officer, state government or other authority, as the case may be, shall be bound to do so.

section 16. of the employment of manual scavengers and construction of dry latrines prohibition act : notwithstanding anything contained in the code of criminal procedure, 2 of , every offence under this act shall be cognizable.

section 14. of the employment of manual scavengers and construction of dry latrines prohibition act : whoever fails to comply with or contravenes any of the provisions of this act, or the rules or schemes made or orders or directions issued thereunder, shall, in respect of each such failure or contravention be punishable with imprisonment for a term which may extend to one year or with fine, which may extend to two thousand rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to one hundred rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention.

section 21. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 subject to the provisions of subsection 2, the provisions of this act, the rules, schemes or orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act, custom, tradition, contract, agreement or other instrument. 2 if any act or omission constitutes an offence punishable under this act and also under any other act, then, the offender found guilty of such offence shall be liable to be punished under the other act, and not under this act.

section 24. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made in relation to a state after the expiration of three years from the commencement of this act in that state. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 22. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the composition of the project committees, monitoring committees and other committees constituted by the central government under subsection 1 of section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith ii the fees and allowances to be paid to the members of the committees constituted under subsection 1 of section 13. 3 every rule made by the central government under this act, shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 23. of the employment of manual scavengers and construction of dry latrines prohibition act : 1 the state government may, by notification, make rules, not being a matter for which the rules are or required to be made by the central government, for carrying out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the composition of the state coordination committees and other committees constituted by the state government under subsection 4 of section 13, the powers and functions thereof, the number of members and their terms and conditions of appointment and other matters connected therewith ii the fees and allowances to be paid to the members of the committees constituted under subsection 4 of section 13 iii any other matter which is required to be, or may be, prescribed. 3 every rule and every scheme made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature.

section 8. of the cineworkers and cinema theatre workers regulation of employment act : no person shall be appointed to, or continue in, the office of the presiding officer of a tribunal, if a he is not an independent person or b he has attained the age of sixtyfive years.

The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

section 1. of the cineworkers and cinema theatre workers regulation of employment act : show related subordinates 1 this act may be called the cineworkers and cinema theatre workers regulation of employment act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and for different areas. 1. 1st october, , vide notification no. g.s.r. 676e, dated 21st september, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the cineworkers and cinema theatre workers regulation of employment act : 1 the central government may, by notification in the official gazette, constitute one or more tribunals, to be called the cineworkers tribunals, with headquarters at such place as may be specified in the notification, for the adjudication of disputes relating to any matter specified in any agreement of the nature referred to in section 3. 2 a tribunal shall consist of one person only to be appointed by the central government. 3 a person shall not be qualified for appointment as the presiding officer of a tribunal unless a he is, or has been, or is qualified to be, a judge of a high court or b he has, for a period of not less than three years, been a district judge or an additional district judge or c he has held the office of the presiding officer of an industrial tribunal constituted under the industrial disputes act, 14 of , for a period of not less than two years. 4 the central government may, if it so thinks fit, appoint two persons as assessors to advice the tribunal in any proceedings before it.

section 4. of the cineworkers and cinema theatre workers regulation of employment act : the central government may, by notification in the official gazette, appoint such number of persons as it thinks fit to be conciliation officers charged with the duty of mediating and promoting the settlement of any dispute hereinafter referred to as the dispute between a cineworker and the producer of the film in, or in connection with, which he has been employed or the contractor or other person through whom he has been so employed, with respect to the terms and conditions or termination, of employment of such cineworker.

section 9. of the cineworkers and cinema theatre workers regulation of employment act : if, for any reason, a vacancy other than a temporary absence occurs in the office of the presiding officer of a tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy, and the proceeding may be continued before the tribunal from the stage at which the vacancy is filled.

section 3. of the cineworkers and cinema theatre workers regulation of employment act : 1 no person shall be employed as a cineworker in or in connection with the production of any feature film unless, a an agreement in writing is entered into with such person by the producer of such film or, where such person is employed through a contractor or other person, by the producer of such film and such contractor or other person and b such agreement is registered with the competent authority by the producer of such film. 2 every agreement, referred to in subsection 1 shall, a be in the prescribed form b specify the name of and such other particulars as may be prescribed with respect to, the person to whose employment it relates hereafter in this subsection referred to as the employee c specify the nature of assignment of the employee, his hours of work, the wages and other benefits including benefits by way of provident fund, if any, to which he is entitled the mode of payment of such wages and contributions to such provident fund and all other terms and conditions of employment d include, where such employee is employed through a contractor or other person, a specific condition to the effect that in the event of the contractor or other person failing to discharge his obligations under the agreement to the employee with respect to payment of wages or any other matter, the producer of the film concerned shall be liable to discharge such obligations and shall be entitled to be reimbursed with respect thereto by the contractor or other person. 3 a copy of the agreement referred to in subsection 1 with respect to the employment of any person as a cineworker shall, if such person is entitled to the benefits of provident fund under section 16, also be forwarded by the producer of the film to the regional provident fund commissioner concerned under the employees provident funds and miscellaneous provisions act, 19 of .

section 2. of the cineworkers and cinema theatre workers regulation of employment act : in this act, unless the context otherwise requires, a cinema theatre means a place which is licensed under part iii of the cinematograph act, 37 of , or under any other law for the time being in force in a state for the exhibition of a cinematograph film b cinematograph film has the same meaning as in the cinematograph act, 37 of c cineworker means an individual i who is employed, directly or through any contractor or other person, in or in connection with the production of a feature film to work as an artiste including actor, musician or dancer or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise and ii whose remuneration with respect to such employment in or in connection with the production of such feature film does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand six hundred rupees per month, and where such remuneration is by way of a lump sum, a sum of fifteen thousand rupees d competent authority means any authority authorised by the central government by notification in the official gazette to perform all or any of the functions of the competent authority under this act e contractor means a person who furnishes or undertakes to furnish cineworkers for being employed in or in connection with the production of a feature film, and includes a subcontractor or agent f feature film means a full length cinematograph film produced wholly or partly in india with a format and a story woven around a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction, and does not include an advertisement film g prescribed means prescribed by rules made under this act h producer, in relation to a feature film, means the person by whom the arrangements necessary for the making of such film including the raising of finances and engaging cineworkers for the making of such film are undertaken i production, in relation to a feature film, includes any of the activities in respect of the making thereof j tribunal means a cineworkers tribunal constituted under section 7 k wages means all emoluments which are payable to a worker in accordance with the terms of the contract of employment in cash, but does not include i the cash value of any food concession ii any dearness allowance that is to say, all cash payments, by whatever name called, paid to a worker on account of a rise in the cost of living or on account of his being required to work in a place other than the place where he is normally residing, house rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the worker in respect of his employment or of work done in such employment iii any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the worker under any law for the time being in force iv any gratuity payable on the termination of his contract.

section 5. of the cineworkers and cinema theatre workers regulation of employment act : 1 where any dispute exists or is apprehended, the conciliation officer may hold conciliation proceedings in the prescribed manner. 2 the conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. 3 if a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the central government together with a memorandum of the settlement signed by the parties to the dispute. 4 if no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after the close of the investigation, send to the central government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances and the reasons on account of which, in his opinion, a settlement could not be arrived at. 5 if, on a consideration of the report referred to in subsection 4, the central government is satisfied that there is a case for reference to a tribunal, it may make such reference under section 11 and where that government does not make such a reference, it shall record and communicate to the parties concerned its reasons therefor. 6 a report under this section shall be submitted within three months of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the central government: provided that, subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

section 6. of the cineworkers and cinema theatre workers regulation of employment act : every settlement arrived at in the course of a concilation proceeding under this chapter shall be binding on all the parties to the dispute and shall not be called in question in any court and it shall be the duty of the competent authority to enforce the terms of the said settlement.

section 10. of the cineworkers and cinema theatre workers regulation of employment act : 1 no order of the central government appointing any person as the presiding officer of a tribunal shall be called in question in any manner and no act or proceeding before any tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of such tribunal. 2 no settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in subsection 6 of section 5.

section 11. of the cineworkers and cinema theatre workers regulation of employment act : 1 where, on a consideration of the report referred to in subsection 4 of section 5, the central government is satisfied that it is necessary so to do, it may, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, to a tribunal for adjudication. 2 where in an order referred to in subsection 1 or in a subsequent order, the central government has specified the points of dispute for adjudication, the tribunal shall confine its adjudication to those points and matters incidental thereto.

section 12. of the cineworkers and cinema theatre workers regulation of employment act : 1 subject to any rules that may be made in this behalf, a conciliation officer or a tribunal shall follow such procedure as the officer or tribunal may think fit. 2 a conciliation officer or a tribunal may, for the purpose of inquiry into any existing or apprehended dispute, after giving reasonable notice, enter any premises in the occupation of any party to the dispute. 3 every tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a enforcing the attendance of any person and examining him on oath b compelling the production of documents and material objects c issuing commissions for the examination of witnesses and d in respect of such other matters as may be prescribed and every inquiry or investigation by a tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 4 a conciliation officer may call for and inspect any document which he has ground for considering to be relevant to the dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this chapter, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of compelling the production of documents. 5 a tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it. 6 a tribunal may grant to any party to any proceeding before it, such interim or other reliefs whether subject to any conditions or not, including stay of any order, issue of any injunction or direction in regard to payment of wages or other amounts payable under the agreement referred to in section 3, setting aside any unilateral termination of contract or the dismissal of a worker or reinstating a worker, as it deems just and proper in the circumstances of the case: provided that the tribunal shall not grant any such interim relief unless all the parties to the proceeding have been served with a notice on the application for such interim relief and have been given a reasonable opportunity of being heard: provided further that the tribunal may, having regard to the nature of the interim relief sought and the circumstances of the case, pass appropriate orders granting such interim relief as it deems just and proper in the circumstances of the case before the notice referred to in the preceding proviso is served on the parties to the proceeding: provided also that where the tribunal makes any order under the proviso immediately preceding, it shall record the reasons for making the order before complying with the requirements specified in the first proviso. 7 subject to any rules that may be made in this behalf, the awarding of damages in, and the costs of, and incidental to, any proceeding before a tribunal shall be in the discretion of that tribunal and the tribunal shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid, and to give all necessary directions for the purposes aforesaid and such damages or costs may, on an application made to the central government by the person entitled, be directed to be recovered by that government in the same manner as an arrear of land revenue.

section 17. of the cineworkers and cinema theatre workers regulation of employment act : 1 whoever contravenes the provisions of section 3 shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees. 2 where any person convicted of an offence under subsection 1 is again convicted of an offence under the same provision, he shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to one lakh rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than twenty thousand rupees.

section 15. of the cineworkers and cinema theatre workers regulation of employment act : 1 the high court may, on the application of any person aggrieved by the award of a tribunal, call for and examine the record of the tribunal, to satisfy itself as to the regularity of the proceeding before such tribunal or the correctness, legality or propriety of any award passed therein and if, in any case, it appears to the high court that any such award should be modified, annulled or reversed, it may pass such orders accordingly: provided that where the presiding officer of the tribunal is a judge of a high court, such application shall be heard and disposed of by not less than two judges of the high court: provided further that where the award of the tribunal provides for the payment by the producer of any film or, as the case may be, the contractor or other person of any amount either by way of compensation to the cineworker or by way of damages, no such application by the producer, contractor or other person shall be entertained by the high court unless the applicant deposits with the high court or with such other authority as may be prescribed the amount ordered to be paid: provided also that where, in any particular case, the high court is of opinion that the deposit of any amount ordered to be paid would cause undue hardship to the applicant, the high court may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the interests of the cineworker concerned. 2 every application to the high court under subsection 1 shall be preferred within ninety days from the date on which the award was passed by the tribunal: provided that the high court may, in its discretion, allow further time not exceeding one month for the filing of any such application, if it is satisfied that the applicant had sufficient cause for not preferring the application within the time specified in this subsection. 3 in this section, high court means the high court within the local limits of whose jurisdiction, the headquarters of the tribunal is situated.

section 13. of the cineworkers and cinema theatre workers regulation of employment act : where a dispute has been referred to a tribunal for adjudication, it shall hold its proceedings expeditiously and shall submit its award to the central government ordinarily within a period of three months from the date on which such industrial dispute is referred to it: provided that in computing the period of three months under this section, the period for which the proceedings before the tribunal have been stayed by any injunction or order shall be excluded.

section 14. of the cineworkers and cinema theatre workers regulation of employment act : 1 every award of a tribunal shall, within a period of thirty days from the date of its receipt by the central government, be published in such manner as that government thinks fit. 2 subject to the provisions of section 15, the award shall be final and binding on all the parties to the dispute and shall not be called in question in any court in any manner whatsoever. 3 the award of a tribunal shall be executed in the same manner as if it were a decree of a civil court.

section 19. of the cineworkers and cinema theatre workers regulation of employment act : no court shall take cognizance of any offence under this act except on a complaint made by, or with the permission in writing of, the central government or an officer empowered by it in this behalf and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence punishable under this act.

section 16. of the cineworkers and cinema theatre workers regulation of employment act : the employees provident funds and miscellaneous provisions act, , as in force for the time being, shall apply to every cineworker who has worked in not less than three feature films with one or more producers, as if such cineworker were an employee within the meaning of that act.

section 18. of the cineworkers and cinema theatre workers regulation of employment act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 20. of the cineworkers and cinema theatre workers regulation of employment act : notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for any metropolitan magistrate or any judicial magistrate of the first class to pass any sentence authorised by this act.

section 23. of the cineworkers and cinema theatre workers regulation of employment act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this chapter. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which an agreement may be entered into by a producer with a cineworker under section 3 and the other conditions of employment b the manner in which proceedings may be held by a conciliation officer under subsection 1 of section 5 c the procedure to be followed by a conciliation officer or tribunal under section 12 d the matters referred to in clause d of subsection 3 of section 12 e the damages or costs that may be awarded by a tribunal under subsection 7 of section 12 f any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this chapter shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 21. of the cineworkers and cinema theatre workers regulation of employment act : the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any agreement or contract of service.

section 25. of the cineworkers and cinema theatre workers regulation of employment act : the provisions of the payment of gratuity act, , as in force for the time being, shall apply to or in relation to, every worker employed in a cinema theatre in which five or more workers are employed or were employed on any day of the preceding twelve months, as they apply to, or in relation to, employees within the meaning of that act.

section 22. of the cineworkers and cinema theatre workers regulation of employment act : 1 no suit, prosecution or other legal proceedings shall lie against any competent authority, conciliation officer, or any other employee of the central government or the presiding officer of a tribunal, for anything which is in good faith done, or intended to be done, in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceedings shall lie against the central government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or notification or order made or issued thereunder.

section 22a. of the cineworkers and cinema theatre workers regulation of employment act : 122a. delegation of powers. the central government may, by notification in the official gazette, direct that any power exercisable by it under this act or rules made thereunder other than the powers conferred by this section and section 23 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by the state government or by such officer or authority subordinate to the state government as may be specified in the notification. 1. ins. by act 35 of , s. 2 w.e.f. .

section 24. of the cineworkers and cinema theatre workers regulation of employment act : the provisions of the employees provident funds and miscellaneous provisions act, , as in force for the time being, shall apply to every cinema theatre in which five or more workers are employed on any day, as if such cinema theatre were an establishment to which the aforesaid act had been applied by a notification of the central government under the proviso to subsection 3 of section 1 thereof, and as if each such worker were an employee within the meaning of that act.

section 1. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 this act may be called the ancient monuments and archaeological sites and remains act, . 12 it extends to the whole of india. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. subs. by act 52 of , s. 33, for subsection 2 w.e.f. . 2. 15th october, , vide notification no. s. o. , dated 15th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

The Ancient Monuments and Archaeological Sites and Remains Act, 1958

section 6. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the collector, when so directed by the central government, shall propose to the owner of a protected monument to enter into an agreement with the central government within a specified period for the maintenance of the monument. 2 an agreement under this section may provide for all or any of the following matters, namely: a the maintenance of the monument b the custody of the monument and the duties of any person who may be employed to watch it c the restriction of the owners right i to use the monument for any purpose, ii to charge any fee for entry into, or inspection of, the monument, iii to destroy, remove, alter or deface the monument, or iv to build on or near the site of the monument d the facilities of access to be permitted to the public or any section thereof or to archaeological officers or to persons deputed by the owner or any archaeological officer or the collector to inspect or maintain the monument e the notice to be given to the central government in case the land on which the monument is situated or any adjoining land is offered for sale by the owner, and the right to be reserved to the central government to purchase such land, or any specified portion of such land, at its market value f the payment of any expenses incurred by the owner or by the central government in connection with the maintenance of the monument g the proprietary or other rights which are to vest in the central government in respect of the monument when any expenses are incurred by the central government in connection with the maintenance of the monument h the appointment of an authority to decide any dispute arising out of the agreement and i any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the central government. 3 the central government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months notice in writing to the other party: provided that where the agreement is terminated by the owner, he shall pay to the central government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period, during the period the agreement was in force. 4 an agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.

section 2. of the ancient monuments and archaeological sites and remains act : show related subordinates in this act, unless the context otherwise requires, a ancient monument means any structure, erection or monument, or any tumulus or place of interment, or any cave, rocksculpture, inscription or monolith, which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years, and includes i the remains of an ancient monument, ii the site of an ancient monument, iii such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument, and iv the means of access to, and convenient inspection of, an ancient monument b antiquity includes i any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship, ii any article, object or thing detached from a building or cave, iii any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages, iv any article, object or thing of historical interest, and v any article, object or thing declared by the central government, by notification in the official gazette, to be an antiquity for the purposes of this act, which has been in existence for not less than one hundred years c archaeological officer means an officer of the department of archaeology of the government of india not lower in rank than assistant superintendent of archaeology d archaeological site and remains means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than one hundred years, and includes i such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it, and ii the means of access to, and convenient inspection of, the area 1da authority means the national monuments authority constituted under section 20f db competent authority means an officer not below the rank of director of archaeology or commissioner of archaeology of the central or state government or equivalent rank, specified, by notification in the official gazette, as the competent authority by the central government to perform functions under this act: provided that the central government may, by notification in the official gazette, specify different competent authorities for the purpose of sections 20c, 20d and 20e dc construction means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include any reconstruction, repair and renovation of an existing structure or building, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or, the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for similar facilities for public e directorgeneral means the directorgeneral of archaeology, and includes any officer authorised by the central government to perform the duties of the directorgeneral f maintain, with its grammatical variations and cognate expressions, includes the fencing, covering in, repairing, restoring and cleansing of a protected monument, and the doing of any act which may be necessary for the purpose of preserving a protected monument or of securing convenient access thereto g owner includes i a joint owner invested with powers of management on behalf of himself and other joint owners and the successorintitle of any such owner and ii any manager or trustee exercising powers of management and the successorinoffice of any such manager or trustee h prescribed means prescribed by rules made under this act 2ha prohibited area means any area specified or declared to be a prohibited area under section 20a i protected area means any archaeological site and remains which is declared to be of national importance by or under this act j protected monument means an ancient monument which is declared to be of national importance by or under this act 2k reconstruction means any erection of a structure or building to its preexisting structure, having the same horizontal and vertical limits l regulated area means any area specified or declared under section 20b m repair and renovation means alterations to a preexisting structure or building, but shall not include construction or reconstruction. 1. ins. by act 10 of , s. 2 w.e.f. . 2. ins. by act 10 of , s. 2 w.e.f. .

section 3., deemed to be of national importance. of the ancient monuments and archaeological sites and remains act : show related subordinates all ancient and historical monuments and all archaeological sites and remains which have been declared by the ancient and historical monuments and archaeological sites and remains declaration of national importance act, 71 of , or by section 126 of the states reorganisation act, 37 of , to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purposes of this act.

section 2a. of the ancient monuments and archaeological sites and remains act : show related subordinates 12a. construction of references to any law not in force in the state of jammu and kashmir.omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .. 1. ins. by act 52 of , s. 33 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the directorgeneral may, with the sanction of the central government, purchase, or take a lease of, or accept a gift or bequest of, any protected monument. 2 where a protected monument is without an owner, the directorgeneral may, by notification in the official gazette, assume the guardianship of the monument. 3 the owner of any protected monument may, by written instrument, constitute the directorgeneral the guardian of the monument, and the directorgeneral may, with the sanction of the central government, accept such guardianship. 4 when the directorgeneral has accepted the guardianship of a monument under subsection 3, the owner shall, except as expressly provided in this act, have the same estate, right, title and interest in and to the monument as if the directorgeneral had not been constituted a guardian thereof. 5 when the directorgeneral has accepted the guardianship of a monument under subsection 3, the provisions of this act relating to agreements executed under section 6 shall apply to the written to agreements executed under the said subsection. 6 nothing in this section shall affect the use of any protected monument for customary religious observances.

section 4a. of the ancient monuments and archaeological sites and remains act : show related subordinates 14a. categorisation and classification in respect of ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4.1 the central government shall, on the recommendation of the authority, prescribe categories in respect of ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4, and while prescribing such categories it shall have regard to the historical, archaeological and architectural value and such other factors as may be relevant for the purpose of such categorisation. 2 the central government shall, on the recommendation of the authority, classify all the ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4, in accordance with the categories prescribed under subsection 1 and thereafter make the same available to the public and exhibit the same on its website and also in such other manner as it may deem fit. 1. ins. by act 10 of , s. 3 w.e.f. .

section 4., to be of national importance. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 where the central government is of opinion that any ancient monument or archaeological site and remains not included in section 3 is of national importance, it may, by notification in the official gazette, give two months notice of its intention to declare such ancient monument or archaeological site and remains to be of national importance and a copy of every such notification shall be affixed in a conspicuous place near the monument or site and remains, as the case may be. 2 any person interested in any such ancient monument or archaeological site and remains may, within two months after the issue of the notification, object to the declaration of the monument, or the archaeological site and remains, to be of national importance. 3 on the expiry of the said period of two months, the central government may, after considering the objections, if any, received by it, declare by notification in the official gazette, the ancient monument or the archaeological site and remains, as the case may be, to be of national importance. 4 a notification published under subsection 3 shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is of national importance for the purposes of this act.

section 10. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if the directorgeneral apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement under section 6, the directorgeneral may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement: provided that no such opportunity may be given in any case where the directorgeneral, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so. 2 any person aggrieved by an order under this section may appeal to the central government within such time and in such manner as may be prescribed and the decision of the central government shall be final.

section 14. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the central government shall maintain every monument which has been acquired under section 13 or in respect of which any of the rights mentioned in section 5 have been acquired. 2 when the directorgeneral has assumed the guardianship of a monument under section 5, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable times, by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.

section 7. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the son legally competent to act on his behalf may exercise the powers conferred upon an owner by section 6. 2 in the case of village property, the headman or other village officer exercising powers of management over such property may exercise the powers conferred upon an owner by section 6. 3 nothing in this section shall be deemed to empower any person not being of the same religion as the person on whose behalf he is acting to make or execute an agreement relating to a protected monument which or any part of which is periodically used for the religious worship or observances of that religion.

section 8. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if any endowment has been created for the purpose of keeping such monument in repair or for that purpose among others, the central government may institute a suit in the court of the district judge, or, if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the district judge, for the proper application of such endowment or part thereof. 2 on the hearing of an application under subsection 1, the district judge may summon and examine the owner and any person whose evidence appears to him necessary and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil court.

section 15. of the ancient monuments and archaeological sites and remains act : show related subordinates the directorgeneral may receive voluntary contributions towards the cost of maintaining a protected monument and may give orders as to the management and application of any funds so received by him: provided that no contribution received under this section shall be applied to any purpose other than the purpose for which it was contributed.

section 9. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, the central government may make an order providing for all or any of the matters specified in subsection 2 of section 6 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person. 2 where an order made under subsection 1 provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the central government. 3 no order under subsection 1 shall be made unless the owner or other person has been given an opportunity of making a representation in writing against the proposed order.

section 11. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if an owner or other person who is bound by an agreement for the maintenance of a monument under section 6 refuses or fails within such reasonable time as the directorgeneral may fix, to do any act which in the opinion of the directorgeneral is necessary for the maintenance of the monument, the directorgeneral may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing any such act or such portion of the expenses as the owner may be liable to pay under the agreement. 2 if any dispute arises regarding the amount of expenses payable by the owner or other person under subsection 1, it shall be referred to the central government whose decision shall be final.

section 12. of the ancient monuments and archaeological sites and remains act : show related subordinates every person who purchases, at a sale for arrears of land revenue or any other public demand, any land on which is situated a monument in respect of which any instrument has been executed by the owner for the time being under section 5 or section 6, and every person claiming any title to a monument from, through or under, an owner who executed any such instrument, shall be bound by such instrument.

section 13. of the ancient monuments and archaeological sites and remains act : show related subordinates if the central government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, it may acquire the protected monument under the provisions of the land acquisition act, 1 of , as if the maintenance of the protected monument were a public purpose within the meaning of that act.

section 17. of the ancient monuments and archaeological sites and remains act : show related subordinates with the sanction of the central government, the directorgeneral may, a where rights have been acquired by the directorgeneral in respect of any monument under this act by virtue of any sale, lease, gift or will, relinquish, by notification in the official gazette, the rights so acquired to the person who would for the time being be the owner of the monument if such rights had not been acquired or b relinquish any guardianship of a monument which he has assumed under this act.

section 16. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 a protected monument maintained by the central government under this act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character. 2 where the central government has acquired a protected monument under section 13, or where the directorgeneral has purchased, or taken a lease or accepted a gift or bequest or assumed guardianship of, a protected monument under section 5, and such monument or any part thereof is used for religious worship or observances by any community, the collector shall make due provision for the protection of such monument or part thereof, from pollution or desecration a by prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the persons, if any, in religious charge of the said monument or part thereof, of any person not entitled so to enter by the religious usages of the community by which the monument or part thereof is used, or b by taking such other action as he may think necessary in this behalf.

section 18. of the ancient monuments and archaeological sites and remains act : show related subordinates subject to any rules made under this act, the public shall have a right of access to any protected monument.

section 20d. of the ancient monuments and archaeological sites and remains act : show related subordinates 120d. grant of permission by competent authority within regulated area.1 every application for grant of permission under section 20c of this act shall be made to the competent authority in such manner as may be prescribed. 2 the competent authority shall, within fifteen days of the receipt of the application, forward the same to the authority to consider and intimate impact of such construction including the impact of largescale development project, public project and project essential to the public having regard to the heritage byelaws relating to the concerned protected monument or protected area, as the case may be: provided that the central government may prescribe the category of applications in respect of which the permission may be granted under this subsection and the application which shall be referred to the authority for its recommendations. 3 the authority shall, within two months from the date of receipt of application under subsection 2, intimate to the competent authority impact of such construction including the impact of largescale development project, public project and project essential to the public. 4 the competent authority shall, within one month of the receipt of intimation from the authority under subsection 3, either grant permission or refuse the same as so recommended by the authority. 5 the recommendations of the authority shall be final. 6 in case the competent authority refuses to grant permission under this section, it shall, by order in writing, after giving an opportunity to the concerned person, intimate such refusal within three months from the date of receipt of the application to the applicant, the central government and the authority. 7 if the competent authority, after grant of the permission under subsection 4 and during the carrying out of the repair or renovation work or reconstruction of building or construction referred to in that subsection, is of the opinion on the basis of material in his possession or otherwise that such repair or renovation work or reconstruction of building or construction is likely to have an adverse impact on the preservation, safety, security or access to the monument considerably, it may refer the same to the authority for its recommendations and if so recommended, withdraw the permission granted under subsection 4 if so required: provided that the competent authority may, in exceptional cases, with the approval of the authority grant permission to the applicant referred to in subsection 2 of section 20c until the heritage byelaws have been prepared under subsection 1 of section 20e and published under subsection 7 of that section. 8 the central government, or the directorgeneral, as the case may be, shall exhibit, on their website, all the permissions granted or refused under this act. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20e. of the ancient monuments and archaeological sites and remains act : show related subordinates 120e. heritage byelaws.1 the competent authority, in consultation with indian national trust for arts and cultural heritage, being a trust registered under the indian trusts act, 2 of , or such other expert heritage bodies as may be notified by the central government, shall prepare heritage byelaws in respect of each protected monument and protected area. 2 the heritage byelaws referred to in subsection 1 shall, in addition to such matters as may be prescribed, include matters relating to heritage controls such as elevations, facades, drainage systems, roads and service infrastructure including electric poles, water and sewer pipelines. 3 the central government shall, by rules, specify the manner of preparation of detailed site plans in respect of each protected area or protected monument or prohibited area or regulated area, the time within which such heritage byelaws shall be prepared and particulars to be included in each such heritage byelaws. 4 the competent authority for the purpose of preparation of detailed site plans and heritage byelaws may appoint such number of experts or consultants as it may deem fit. 5 a copy of each of the heritage byelaws prepared under subsection 1 shall be forwarded to the authority for its approval. 6 a copy of the heritage byelaws as approved by the authority under subsection 5 shall be laid before each house of parliament. 7 each heritage byelaws shall, be made available by the competent authority to the public, by exhibiting the same on its website and also in such other manner as it may deem fit, immediately after laying the same before each house of parliament. 1. ins. by act 10 of , s. 7 w.e.f. .

section 19. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 no person, including the owner or occupier of a protected area, shall construct any building within the protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilise such area or any part thereof in any other manner without the permission of the central government: provided that nothing in this subsection shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface. 2 the central government may, by order, direct that any building constructed by any person within a protected area in contravention of the provisions of subsection 1 shall be removed within a specified period and, if the person refuses or fails to comply with the order, the collector may cause the building to be removed and the person shall be liable to pay the cost of such removal. rules yeardescriptionfiles the ancient monuments and archaeological sites and remains rules,

section 20. of the ancient monuments and archaeological sites and remains act : show related subordinates if the central government is of opinion that any protected area contains an ancient monument or antiquities of national interest and value, it may acquire such area under the provisions of the land acquisition act, 1 of , as if the acquisition were for a public purpose within the meaning of that act.

section 20a. declaration of prohibited area and carrying out public work or other works in prohibited area of the ancient monuments and archaeological sites and remains act : show related subordinates 120a. declaration of prohibited area and carrying out public work or other works in prohibited area.every area, beginning at the limit of the protected area or the protected monument, as the case may be, and extending to a distance of one hundred metres in all directions shall be the prohibited area in respect of such protected area or protected monument: provided that the central government may, on the recommendation of the authority, by notification in the official gazette, specify an area more than one hundred metres to be the prohibited area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a. 2 save as otherwise provided in section 20c, no person, other than an archaeological officer, shall carry out any construction in any prohibited area. 3 in a case where the central government or the directorgeneral, as the case may be, is satisfied that a it is necessary or expedient for carrying out such public work or any project essential to the public or b such other work or project, in its opinion, shall not have any substantial adverse impact on the preservation, safety, security of, or, access to, the monument or its immediate surrounding, it or he may, notwithstanding anything contained in subsection 2, in exceptional cases and having regard to the public interest, by order and for reasons to be recorded in writing, permit, such public work or project essential to the public or other constructions, to be carried out in a prohibited area: provided that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, but ending before the date on which the ancient monuments and archaeological sites and remains amendment and validation bill, , receives the assent of the president, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the directorgeneral, as the case may be, for the construction within the prohibited area on the basis of the recommendation of the expert advisory committee, shall be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times: provided further that nothing contained in the first proviso shall apply to any permission granted, subsequent to the completion of construction or reconstruction of any building or structure in any prohibited area in pursuance of the notification of the government of india in the department of culture archaeological survey of india number s.o. , dated the 16th june, issued under rule 34 of the ancient monuments and archaeological sites and remains rules, , or, without having obtained the recommendations of the committee constituted in pursuance of the order of the government of india number 24/22/m, dated the 20th july, subsequently referred to as the expert advisory committee in orders dated the 27th august, and the 5th may, . 24 no permission, referred to in subsection 3, including carrying out any public work or project essential to the public or other constructions, shall be granted in any prohibited area on and after the date on which the ancient monuments and archaeological sites and remains amendment and validation bill, receives the assent of the president. 1. ins. by act 10 of , s. 4 w.e.f. . 2. ins. by act 10 of , s. 5 w.e.f. . rules yeardescriptionfiles the ancient monuments and archaeological sites and remains rules,

section 20b. of the ancient monuments and archaeological sites and remains act : show related subordinates 120b. declaration of regulated area in respect of every protected monument.every area, beginning at the limit of prohibited area in respect of every ancient monument and archaeological site and remains, declared as of national importance under sections 3 and 4 and extending to a distance of two hundred metres in all directions shall be the regulated area in respect of every ancient monument and archaeological site and remains: provided that the central government may, by notification in the official gazette, specify an area more than two hundred metres to be the regulated area having regard to the classification of any protected monument or protected area, as the case may be, under section 4a: provided further that any area near any protected monument or its adjoining area declared, during the period beginning on or after the 16th day of june, but ending before the date on which the ancient monuments and archaeological sites and remains amendment and validation bill, , receives the assent of the president, as a regulated area in respect of such protected monument, shall be deemed to be the regulated area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted for construction in such regulated area shall, be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times. 1. ins. by s. 6, ibid. w.e.f. . rules yeardescriptionfiles the ancient monuments and archaeological sites and remains rules,

section 20c. of the ancient monuments and archaeological sites and remains act : show related subordinates 120c. application for repair or renovation in prohibited area, or construction or reconstruction or repair or renovation in regulated area.1 any person, who owns any building or structure, which existed in a prohibited area before the 16th day of june, , or, which had been subsequently constructed with the approval of the directorgeneral and desires to carry out any repair or renovation of such building or structure, may make an application to the competent authority for carrying out such repair or renovation, as the case may be. 2 any person, who owns or possesses any building or structure or land in any regulated area, and desires to carry out any construction or reconstruction or repair or renovation of such building or structure on such land, as the case may be, may make an application to the competent authority for carrying out construction or reconstruction or repair or renovation, as the case may be. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20g. of the ancient monuments and archaeological sites and remains act : show related subordinates 120g. selection committee for selection of members of authority.1 every wholetime member and every parttime member of the authority shall be selected by a selection committee consisting of the following persons, namely: a cabinet secretarychairperson, ex officio b secretary in the ministry of culturemember, ex officio c secretary in the ministry of urban developmentmember, ex officio d three experts, having proven experience and expertise in the fields of archaeology, architecture, heritage or conservationarchitecture to be nominated by the central government. 2 the selection committee referred to in subsection 1 shall regulate its own procedure for the purposes of selecting wholetime members and parttime members of the authority. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20f. of the ancient monuments and archaeological sites and remains act : show related subordinates 120f. constitution of national monuments authority.1 the central government shall, by notification in the official gazette, constitute an authority to be called as the national monuments authority. 2 the authority shall consist of, a a chairperson, on wholetime basis, to be appointed by the president, having proven experience and expertise in the fields of archaeology, country and town planning, architecture, heritage, conservationarchitecture or law b such number of members not exceeding five wholetime members and five parttime members to be appointed, on the recommendation of the selection committee referred to in section 20g, by the central government, having proven experience and expertise in the fields of archaeology, country and town planning, architecture, heritage, conservationarchitecture or law c the directorgeneral as member, ex officio. 3 the tenure of the wholetime chairperson or every wholetime member and every parttime member, of the authority shall be three years from the date on which he assumes office as such and shall not be eligible for reappointment: provided that, save as otherwise provided in clause c of subsection 2, any person who has held any post in the archaeological survey of india or in the ministry of culture of the government of india or a state government or has not been found fit to be considered for being appointed to any such post shall, not be eligible to be appointed as the chairperson or a member of the authority: provided further that any person, who had either been granted a permission or licence or refused any such permission or refused grant of a licence or any person or any of his relative having any interest in a prohibited area or a regulated area shall not be eligible to be appointed as a chairperson or member. explanation.for the purposes of this section, relative means i spouse of the chairperson or member of the authority ii brother or sister of the chairperson or member of the authority iii brother or sister of the spouse of the chairperson or member of the authority iv brother or sister of either of the parents of the chairperson or member of the authority v any lineal ascendant or descendant of the chairperson or member of the authority vi any lineal ascendant or descendant of the spouse of the chairperson or member of the authority vii spouse of the person referred to in clauses ii to vi 4 an officer, not below the rank of joint secretary to the government of india, shall be the member secretary of the authority. 5 the central government shall provide such number of officers and other employees as may be necessary for discharge of functions by the authority under this act. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20h. of the ancient monuments and archaeological sites and remains act : show related subordinates 120h. salary, allowances and meetings of authority.1 the salaries and allowances payable to the wholetime chairperson and wholetime members, and the other terms and conditions of their service or fees or allowances payable to the parttime members, of the authority shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the wholetime chairperson and wholetime members shall be varied to their disadvantage after their appointment. 2 the authority shall regulate its own procedure for the purposes of holding its meetings including quorum of such meetings and granting permissions under this act. 3 all the decisions of the authority shall be published in such manner as it may decide and also on its own website and on the website of the central government. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20o. of the ancient monuments and archaeological sites and remains act : show related subordinates 120o. bar of jurisdiction of civil court.no civil court shall have jurisdiction in respect of any matter which the authority is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20j. of the ancient monuments and archaeological sites and remains act : show related subordinates 120j. removal of chairperson and members.1 notwithstanding anything contained in subsection 3 of section 20f, the president in the case of the chairperson and the central government in the case of wholetime member and parttime member may, by order, remove from office, the chairperson or any such member of the authority, if he a has been adjudged an insolvent or b has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or c has become physically or mentally incapable of acting as chairperson or member or d has acquired such financial or other interests as is likely to affect prejudicially his functions or e has so abused his position as to render his continuance in office prejudicial to the public interest. 2 the chairperson or any member of the authority shall not be removed under clauses d and e of subsection 1 unless he has been given a reasonable opportunity of being heard in the matter. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20k. of the ancient monuments and archaeological sites and remains act : show related subordinates 120k. restriction on future employment by chairperson and members.on ceasing to hold office, the chairperson or wholetime member of the authority, as the case may be, shall, subject to the provisions of this act, be ineligible, for a period of five years from the date on which they cease to hold office, for further employment including as consultant or expert or otherwise in any institution, agency or organisation of any nature mainly dealing with archaeology, country and town planning, architecture, heritage and conservationarchitecture or whose matters had been before the chairperson or such member. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20i.functions and powers of authority of the ancient monuments and archaeological sites and remains act : show related subordinates 120i. functions and powers of authority.1 the authority shall exercise or discharge the following powers or functions, namely: a make recommendations to the central government for grading and classifying protected monuments and protected areas declared as of national importance under sections 3 and 4, before the commencement of the ancient monuments and archaeological sites and remains amendment and validation act, 10 of b make recommendations to the central government for grading and classifying protected monuments and protected areas which may be declared after the commencement of the ancient monuments and archaeological sites and remains amendment and validation act, 10 of , as of national importance under section 4 c oversee the working of the competent authorities. d to suggest measures for implementation of the provisions of this act e to consider the impact of largescale developmental projects, including public projects and projects essential to the public which may be proposed in the regulated areas and make recommendations in respect thereof to the competent authority f to make recommendations to the competent authority for grant of permission. 2 the authority shall, for the purpose of discharging functions under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c any other matter which may be prescribed. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20p. of the ancient monuments and archaeological sites and remains act : show related subordinates 120p. annual report.1 the authority shall prepare once in every year, in such form and at such time as may be prescribed by the central government, an annual report giving full description of all the activities of the authority for the previous year. 2 a copy of the report received under subsection 1 shall be laid, as soon as may be after it is received, before each house of parliament. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20l. of the ancient monuments and archaeological sites and remains act : show related subordinates 120l. power of central government to issue directions to authority.1 without prejudice to the foregoing provisions of this act, the authority shall, in exercise of its powers or the discharge of its functions under this act, be bound by such directions on question of policy, other than those relating to technical and administrative matters, as the central government may give in writing to it from time to time: provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government, whether a question is one of policy or not, shall be final. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20m. of the ancient monuments and archaeological sites and remains act : show related subordinates 120m. power of central government to issue directions to competent authority.without prejudice to the foregoing provisions of this act, the competent authority shall, in exercise of its powers or the discharge of its functions under this act, be bound by such directions, as the central government may give in writing to it from time to time. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20n. of the ancient monuments and archaeological sites and remains act : show related subordinates 120n. power of central government to supersede authority.1 if, at any time the central government is of the opinion, a that, on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act or b that the authority has persistently defaulted in complying with any direction given by the central government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president may direct to exercise powers and discharge functions under this act: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a the chairperson and all other wholetime members and parttime members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under subsection 3, be exercised and discharged by the person or persons referred to in subsection 1 and c all properties owned or controlled by the authority shall, until the authority is reconstituted under subsection 3, vest in the central government. 3 on or before the expiration of the period of supersession specified in the notification issued under subsection 1, the central government shall reconstitute the authority by a fresh appointment of its chairperson and other wholetime members and parttime members and in such case any person who had vacated his office under clause a of subsection 2 shall not be deemed to be disqualified, subject to the provisions of subsection 3 of section 20f for reappointment for the remaining period. 4 the central government shall cause a copy of the notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest. 1. ins. by act 10 of , s. 7 w.e.f. .

section 20q. of the ancient monuments and archaeological sites and remains act : show related subordinates 120q. power to call for information.where the central government considers it expedient so to do, it may, by order in writing call upon the authority or the competent authority, as the case may be, to furnish in writing such information, in such form and manner as may be prescribed, relating to its affairs as the central government may require. 1. ins. by act 10 of , s. 7 w.e.f. .

section 21. of the ancient monuments and archaeological sites and remains act : show related subordinates an archaeological officer or an officer authorised by him in this behalf or any person holding a licence granted in this behalf under this act hereinafter referred to as the licensee may, after giving notice in writing to the collector and the owner, enter upon and make excavations in any protected area.

section 27. of the ancient monuments and archaeological sites and remains act : show related subordinates any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on, or excavations in, such land or the exercise of any other power conferred by this act shall be paid compensation by the central government for such loss, damage or diminution of profits.

section 23., discovered during excavation operations. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 where, as a result of any excavations made in any area under section 21 or section 22, any antiquities are discovered, the archaeological officer or the licensee, as the case may be, shall, a as soon as practicable, examine such antiquities and submit a report to the central government in such manner and containing such particulars as may be prescribed b at the conclusion of the excavation operations, give notice in writing to the owner of the land from which such antiquities have been discovered, of the nature of such antiquities. 2 until an order for the 1compulsory acquisition of any such antiquities is made under subsection 3, the archaeological officer or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit. 3 on receipt of a report under subsection 1, the central government may make an order for the 2compulsory acquisition of any such antiquities. 4 when an order for the 1compulsory acquisition of any antiquities is made under subsection 3, such antiquities shall rest in the central government with effect from the date of the order. 1. subs. by act 52 of , s. 33, for compulsory purchase w.e.f. . 2. subs. by s. 33, ibid., for compulsory purchase of any such antiquities at their market value w.e.f. .

section 22. of the ancient monuments and archaeological sites and remains act : show related subordinates where an archaeological officer has reason to believe that any area not being a protected area contains ruins or relies of historical or archaeological importance, he or an officer authorised by him in this behalf may, after giving notice in writing to the collector and the owner, enter upon and make excavations in the area.

section 28. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the market value of any property which the central government is empowered to purchase at such value under this act or the compensation to be paid by the central government in respect of anything done under this act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the land acquisition act, 1 of , so far as they can be made applicable: provided that, when making an enquiry under the said land acquisition act, the collector shall be assisted by two assessors, one of whom shall be a competent person nominated by the central government and one a person nominated by the owner, or, in case the owner fails to nominate an assessor within such reasonable time as may be fixed by the collector in this behalf, by the collector. 12 for every antiquity in respect of which an order for compulsory acquisition has been made under subsection 3 of section 23 or under subsection 1 of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the antiquities and art treasures act, 52 of shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that act. 1. subs. by s. 33, ibid., for subsection 2 w.e.f. .

section 25. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if the central government considers that any antiquities or class of antiquities ought not to be moved from the place where they are without the sanction of the central government, the central government may, by notification in the official gazette, direct that any such antiquity or any class of such antiquities shall not be moved except with the written permission of the directorgeneral. 2 every application for permission under subsection 1 shall be in such form and contain such particulars as may be prescribed. 3 any person aggrieved by an order refusing permission may appeal to the central government whose decision shall be final.

section 24., for archaeological purposes. of the ancient monuments and archaeological sites and remains act : show related subordinates no state government shall undertake or authorise any person to undertake any excavation or other like operation for archaeological purposes in any area which is not a protected area except with the previous approval of the central government and in accordance with such rules or directions, if any, as the central government may make or give in this behalf.

section 26. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 if the central government apprehends that any antiquity mentioned in a notification issued under subsection 1 of section 25 is in danger of being destroyed, removed, injured, misused or allowed to fall into decay or is of opinion that, by reason of its historical or archaeological importance, it is desirable to preserve such antiquity in a public place, the central government may make an order for the 1compulsory acquisition of such antiquity and the collector shall thereupon give notice to the owner of the antiquity 2to be acquired. 2 where a notice of 3compulsory acquisition is issued under subsection 1 in respect of any antiquity, such antiquity shall vest in the central government with effect from the date of the notice. 3 the power of 3compulsory acquisition given by this section shall not extend to any image or symbol actually used for bona fide religious observances. 1. subs. by s. 33, ibid., for compulsory purchase of such antiquity at its market value w.e.f. . 2. subs. by s. 33, ibid., for to be purchased w.e.f. . 3. subs. by act 52 of , s. 33, for compulsory purchase w.e.f. . rules yeardescriptionfiles the ancient monuments and archaeological sites and remains rules,

section 30b., in regulated area. of the ancient monuments and archaeological sites and remains act : show related subordinates 130b. punishment for construction, etc., in regulated area.whoever raises, on and after the date on which the ancient monuments and archaeological sites and remains amendment and validation bill, , receives the assent of the president, any construction in the regulated area without the previous permission of the competent authority or in contravention of the permission granted by the competent authority, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both. 1. ins. by s. 9, ibid. w.e.f. .

section 29. of the ancient monuments and archaeological sites and remains act : show related subordinates the central government may, by notification in the official gazette, direct that any powers conferred on it by or under this act shall, subject to such conditions as may be specified in the direction, be exercisable also by a such officer or authority subordinate to the central government, or b such state government or such officer or authority subordinate to the state government, as may be specified in the direction.

section 33. of the ancient monuments and archaeological sites and remains act : show related subordinates notwithstanding anything contained in section 32 of the code of criminal procedure, 5 of , it shall be lawful for any magistrate of the first class specially empowered by the state government in this behalf and for any presidency magistrate to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this act is punishable with fine exceeding two thousand rupees.

section 30. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 whoever i destroys, removes, injures, alters, defaces, imperils or misuses a protected monument, or ii being the owner or occupier of a protected monument, contravenes an order made under subsection 1 of section 9 or under subsection 1 of section 10, or iii removes from a protected monument any sculpture carving, image, basrelief, inscription, or other like object, or iv does any act in contravention of subsection 1 of section 19, shall be punishable with imprisonment which may extend to three months, or with 1imprisonment which may extend to two years, or with 2fine which may extend to one lakh rupees, or with both. 2 any person who moves any antiquity in contravention of a notification issued under subsection 1 of section 25 shall be punishable with 3imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both and the court convicting a person of any such contravention may by order direct such person to restore the antiquity to the place from which it was moved. 1. subs. by act 10 of , s. 8, for imprisonment which may extend to three months w.e.f. . 2. subs. by s. 8, ibid., for fine which may extend to five thousand rupees w.e.f. . 3. subs. by s. 8, ibid., for fine which may extend to five thousand rupees w.e.f. .

section 30a., in prohibited area. of the ancient monuments and archaeological sites and remains act : show related subordinates 130a. punishment for construction, etc., in prohibited area.whoever raises, on and after the date on which the ancient monuments and archaeological sites and remains amendment and validation bill, , receives the assent of the president, any construction in the prohibited area, shall be punishable with imprisonment not exceeding two years or with fine which may extend to one lakh rupees or with both. 1. ins. by s. 9, ibid. w.e.f. .

section 34. of the ancient monuments and archaeological sites and remains act : show related subordinates any amount due to the government from any person under this act may, on a certificate issued by the directorgeneral or an archaeological officer authorised by him in this behalf be recovered in the same manner as an arrear of land revenue.

section 30c. of the ancient monuments and archaeological sites and remains act : show related subordinates 130c. offences by officers of government.if any officer of the central government enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or connives at any act or thing whereby any construction or reconstruction takes place in a prohibited area or regulated area, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 1. ins. by s. 9, ibid. w.e.f. .

section 31. of the ancient monuments and archaeological sites and remains act : show related subordinates no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act.

section 35., which have ceased to be of national importance. of the ancient monuments and archaeological sites and remains act : show related subordinates if the central government is of opinion that any ancient and historical monument or archaeological site and remains declared to be of national importance by or under this act has ceased to be of national importance, it may, by notification in the official gazette, declare that the ancient and historical monument or archaeological site and remains, as the case may be, has ceased to be of national importance for the purposes of this act. rules yeardescriptionfiles the ancient monuments and archaeological sites and remains rules,

section 35b. of the ancient monuments and archaeological sites and remains act : show related subordinates 135b. identification of unauthorised constructions on or after 16th june, .1 the directorgeneral shall, within such time as may be specified by the central government, identify or cause to be identified, all constructions of whatever nature made on and after the 16th day of june, in all prohibited areas and regulated areas and, thereafter, submit from time to time a report in respect thereof to the central government. 2 the directorgeneral shall, for the purposes of subsection 1, have the power to call for information from the local bodies and other authorities. 1. ins. by act 10 of , s. 10 w.e.f. .

section 32. of the ancient monuments and archaeological sites and remains act : show related subordinates notwithstanding anything contained in the code of criminal procedure, 5 of , an offence under clause i or clause iii of subsection 1 of section 30, shall be deemed to be a cognizable offence within the meaning of that code.

section 35a. of the ancient monuments and archaeological sites and remains act : show related subordinates 135a. obligation to survey the protected prohibited area and regulated areas.1 the directorgeneral shall, within such time as may be specified by the central government, conduct a survey or cause survey to be conducted in respect of all prohibited areas and regulated areas for the purpose of detailed site plans. 2 a report in respect of such survey referred to in subsection 1 shall be forwarded to the central government and to the authority. 1. ins. by act 10 of , s. 10 w.e.f. .

section 36. of the ancient monuments and archaeological sites and remains act : show related subordinates any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be of national importance by or under this act may, at any time, be corrected by the central government by notification in the official gazette.

section 39. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the ancient and historical monuments and archaeological sites and remains declaration of national importance act, 71 of , and section 126 of the states reorganisation act, 37 of , are hereby repealed. 2 the ancient monuments preservation act, 7 of , shall cease to have effect in relation to ancient and historical monuments and archaeological sites and remains declared by or under this act to be of national importance, except as respects things done or omitted to be done before the commencement of this act.

section 38. of the ancient monuments and archaeological sites and remains act : show related subordinates 1 the central government may, by notification in the official gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating blasting or any operation of a like nature near a protected monument or the construction of buildings on land adjoining such monument and the removal of unauthorised buildings b the grant of licences and permissions to make excavations for archaeological purposes in protected areas, the authorities by whom, and the restrictions and conditions subject to which, such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licensees c the right of access of the public to a protected monument and the fee, if any, to be charged therefore 1ca the categories of ancient monuments or archaeological sites and remains, declared as of national importance, under subsection 1 of section 4a cb the manner of making application for grant of permission under subsection 1 of section 20d cc the category of applications in respect of which the permission may be granted and applications which shall be referred to the authority for its recommendation, under subsection 2 of section 20d cd the other matters including heritage controls such as elevations, facades, drainage systems, roads and service infrastructure including electric poles, water and sewer pipelines under subsection 2 of section 20e ce the manner of preparation of detailed site plans in respect of each prohibited area and regulated area and the time within which such heritage byelaws shall be prepared and particulars to be included in each such heritage byelaws under subsection 3 of section 20e cf salaries and allowances payable to, and the other terms and conditions of service of, the wholetime chairperson and wholetime members, or fees or allowances payable to the parttime members, of the authority under subsection 1 of section 20h cg the form in which and time at which the authority shall prepare an annual report giving full description of its activities for the previous year under section 20p ch the form and manner in which the authority and competent authority shall furnish information to the central government under section 20q d the form and contents of the report of an archaeological officer or a licensee under clause a of subsection 1 of section 23 e the form in which applications for permission under section 19 or section 25 may be made and the particulars which they should contain f the form and manner of preferring appeals under this act and the time within which they may be preferred g the manner of service of any order or notice under this act h the manner in which excavations and other like operations for archaeological purposes may be carried on i any other matter which is to be or may be prescribed. 3 any rule made under this section may provide that a breach thereof shall be punishable, i in the case of a rule made with reference to clause a of subsection 2, with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both ii in the case of a rule made with reference to clause b of subsection 2, with fine which may extend to five thousand rupees iii in the case of a rule made with reference to clause c of subsection 2, with fine which may extend to five hundred rupees. 24 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 10 of , s. 11 w.e.f. . 2. subs. by act 4 of , s. 2 and the schedule, for subsection 4 w.e.f. .

section 37. of the ancient monuments and archaeological sites and remains act : show related subordinates no suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in the exercise of any power conferred by this act.

section 8. of the national bank for agriculture and rural development act : 1 the managing director and any wholetime director appointed under subsection 3 of section 6 shall, a hold office for such term not exceeding five years as the central government may, at the time of appointment, specify 1and shall be eligible for reappointment b receive such salary and allowances and be governed by such terms and conditions of service as the board may, with the previous approval of the central government and in consultation with the reserve bank, determine: provided that the managing director and any such wholetime director appointed to the first board shall receive such salary and allowances and be governed by such terms and conditions of service as the central government may, in consultation with the reserve bank, determine. 2 the central government may, in consultation with the reserve bank, remove the managing director or any wholetime director appointed under subsection 3 of section 6 at any time before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the proposed removal. 3 notwithstanding anything contained in subsection 1 or subsection 2, the central government shall have the right to terminate the term of office of the managing director or of any wholetime director appointed under subsection 3 of section 6 at any time before the expiry of the term fixed under subsection 1 by giving him notice of not less than three months in writing or three months salary and allowances in lieu of such notice: provided that the central government shall, before terminating the term of office of the managing director or any wholetime director appointed under subsection 3 of section 6, consult the reserve bank. 1. added by act 55 of , s. 7 w.e.f. .

The National Bank for Agriculture and Rural Development Act, 1981

section 1. of the national bank for agriculture and rural development act : 1 this act may be called the national bank for agriculture and rural development act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act, and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 1st may, , vide notification no. s.o. 278e, dated 21st april, except sections 3, 16 and 18, see gazette of india, extraordinary, part ii, sec. 3ii. 12th july, , vide notification no. s.o. 484e, dated 6th july, in respect sections 3, 16 and 18, see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the national bank for agriculture and rural development act : in this act, unless the context otherwise requires, a agriculture includes horticulture, animal husbandry, forestry, dairy and poultry farming, pisciculture, and other allied activities, whether or not undertaken jointly with agriculture and the expression agricultural operations shall be construed accordingly. explanation.for the purposes of this clause, pisciculture includes the development of fisheries, both inland and marine, catching of fish and all activities connected therewith or incidental thereto b agricultural refinance and development corporation means the corporation established under section 3 of the agricultural refinance and development corporation act, 10 of , and renamed under section 3a of that act as the agricultural refinance and development corporation c board means the board of directors of the national bank d central cooperative bank means the principal cooperative society in a district in a state, the primary object of which is the financing of other cooperative societies in that district: provided that in addition to such principal society in a district, or where there is no such principal society in a district, the state government may declare any one or more cooperative societies carrying on the business of financing other cooperative societies in that district to be also or to be a central cooperative bank or central cooperative banks within the meaning of this definition e chairman means the chairman 1 appointed under section 6 f cooperative society means a society registered, or deemed to be registered, under the cooperative societies act, 2 of or any other law relating to cooperative societies for the time being in force in any state g crops includes products of agricultural operations h director means a director appointed under section 6 2 j managing director means the managing director appointed under section 6 k marketing of crops includes the processing of crops prior to marketing by any agricultural producers or any organisation of such producers 3ka micro enterprise, small enterprise and medium enterprise, shall have the same meanings as are respectively assigned to them in the micro, small and medium enterprises development act, 27 of l national bank means the national bank for agriculture and rural development established under section 3 m notification means a notification published in the official gazette n primary rural credit society means a cooperative society, by whatever name called, 1 which has as its object or business the provision of financial accommodation to its members for agriculture or agricultural operations or for the marketing of crops, or for rural development and 2 the byelaws of which do not permit admission of any other cooperative society as member: provided that this subclause shall not apply to the admission, as a member, of a cooperative society, which is a state cooperative bank or a central cooperative bank by reason of such bank subscribing to the share capital of the cooperative society out of funds provided by the state government for the purpose o prescribed means prescribed by regulations made under this act p regional rural bank means a regional rural bank established under section 3 of the regional rural banks act, 21 of q rural development means development of rural areas through any activities conducive to such development. explanation.for the purposes of this clause, a activities conducive to development of rural areas include activities relating to production of goods or provision of services in rural areas and activities for the promotion of cottage and village industries, 4microenterprises, small enterprises and medium enterprises, handicrafts, handlooms and other rural crafts b rural area means the area comprised in any village and includes the area comprised in any town, the population of which does not exceed ten thousand or such other figure as the reserve bank may specify from time to time r reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of s scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of 5 u state cooperative bank means the principal co operative society in a state, the primary object of which is the financing of other cooperative societies in the state: provided that in addition to such principal society in a state, or where there is no such principal society in a state, the state government may declare any one or more cooperative societies carrying on business in that state to be also or to be a state cooperative bank or state cooperative banks within the meaning of this definition v state land development bank means the cooperative society which is the principal land development bank by whatever name called in a state and which has as its primary object the providing of longterm finance for agricultural development: provided that, in addition to such principal land development bank in a state, or where there is no such bank in a state, the state government may declare any cooperative society carrying on business in that state and authorised by the byelaws of such cooperative society to provide longterm finance for agricultural development to be also or to be a state land development bank within the meaning of this definition w words and expressions used herein and not defined but defined in the reserve bank of india act, 2 of , shall have the meanings respectively assigned to them in that act x words and expressions used herein and not defined either in this act or in the reserve bank of india act, 2 of , but defined in the banking regulation act, 10 of , shall have the meanings respectively assigned to them in the banking regulation act, . 1. the words of the board omitted by act 55 of , s. 3 w.e.f. . 2. clause i omitted by act 7 of , s. 3 w.e.f. . 3. ins. by s. 3, ibid. w.e.f. . 4. subs. by s. 3, ibid., for industry in the tiny and decentralised sector and smallscale industry and handicrafts w.e.f. . 5. clause t omitted by act 7 of , s. 3 w.e.f. .

section 7. of the national bank for agriculture and rural development act : 1 the chairman shall hold office for such term not exceeding five years and shall receive such salary and allowances as the central government may, at the time of appointment, specify 1and shall be eligible for reappointment: 2 31a notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the term of office of the chairman at any time before the expiry of the term specified under that subsection by giving him a notice of not less than three months in writing or three months salary and allowances in lieu of such notice. 41b in the case of a vacancy in the office of the chairman, the managing director shall perform the functions and duties of the chairman during such vacancy. 52 subject to the provisions contained in subsection 5, a director appointed under clause b or clause c of subsection 1 of section 6, shall hold office for such term, not exceeding three years, as the central government may specify in this behalf, 6 and shall be eligible for reappointment: provided that no such director shall hold office continuously for a period exceeding six years. 3 the central government may, in consultation with the reserve bank, remove the chairman at any time before the expiry of his term of office after giving him a reasonable opportunity of showing cause against the proposed removal. 74 the chairman and any other director, who is not an officer of the central government or a state state government or an officer of the reserve bank or any body or corporation established by or under any central act or any state act and owned or controlled by such government, shall be paid such fees and allowances as may be prescribed for attending the meetings of the board or of any of its committees and for attending to any other work of the national bank. 85 the directors appointed under clauses b to f of subsection 1 of section 6 shall hold office during the pleasure of the central government. 1. added by act 55 of , s. 6 w.e.f. . 2. the proviso omitted by act 81 of , s.18 w.e.f. . 3. ins. by s. 18, ibid. . 4. ins. by act 55 of , s. 6 w.e.f. . 5. subs. by act 66 of , s. 45, for subsection 2 w.e.f. . 6. the words and thereafter until his successor enters upon his office omitted by act 55 of , s. 6 w.e.f. . 7. subs. by act 55 of , s. 6, for subsection 4 w.e.f. . 8. ins. by act 66 of , s. 45 w.e.f. .

section 9. of the national bank for agriculture and rural development act : 1 no person shall be a director who a is of unsound mind and stands so declared by a competent court or b is or has been convicted of any offence which, in the opinion of the central government, involves moral turpitude or c is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors. 2 the appointment as director of any person who is a member of parliament or the legislature of any state shall, unless within two months of the date of his appointment he ceases to be such member, be void on the expiry of the said period of two months and if any director is elected or nominated as a member of parliament or of any state legislature he shall cease to be a director as from the date of such election or nomination, as the case may be.

section 3. of the national bank for agriculture and rural development act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established for the purposes of this act, a bank to be known as the national bank for agriculture and rural development. 2 the bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may by that name sue and be sued. 3 the head office of the national bank shall be at 1mumbai or at such other place as the central government may, by notification, specify. 4 the national bank may establish offices, branches or agencies at any place in india, and with the previous approval of the central government and in consultation with the reserve bank, at any place outside india. 1. subs. by s. 4, ibid., for bombay w.e.f. .

section 4. of the national bank for agriculture and rural development act : 1 the capital of the national bank shall be one hundred crores of rupees: 1provided that the central government may, by notification, increase the said capital up to thirty thousand crore rupees: provided further that the central government may, in consultation with the reserve bank and by notification, further increase the said capital to such amount as it may deem necessary from time to time. 22 the capital of the national bank which has been subscribed to by the reserve bank valued at twenty crore rupees as on the date immediately preceding the commencement of the national bank for agriculture and rural development amendment act, shall, on such commencement, stand transferred to, and vested in, the central government: provided that the national bank may issue capital to such institutions and persons in such manner as may be notified by the central government: provided further that the combined shareholding of the central government and the reserve bank shall not at any time be less than fiftyone per cent. of the total subscribed capital. 3 the central government shall give to the reserve bank an amount equal to the face value of the subscribed capital, valued at twenty crores of rupees, referred to in subsection 2, in cash, for transfer to, and vesting in the central government of the capital of the national bank which has been so subscribed to by the said bank. 1. the proviso subs by s. 5, ibid. w.e.f. . 2. subs by act 7 of , s. 5, for subsection 2 w.e.f. .

section 6. of the national bank for agriculture and rural development act : 11 the board of directors of the national bank shall consist of the following, namely: a a chairman b three directors from amongst experts in rural economics, rural development, village and cottage industries, 2microenterprises, smallscale industries or persons having experience in the working of cooperative banks, regional rural banks or commercial banks or any other matter the special knowledge or professional experience in which is considered by the central government as useful to the national bank c three directors from out of the directors of the reserve bank d three directors from amongst the officials of the central government e four directors from amongst the officials of the state governments f such number of directors elected in the prescribed manner, by shareholders other than the reserve bank, the central government and other institutions owned or controlled by the central government whose names are entered on the register of shareholders of the national bank ninety days before the date of the meeting in which such election takes place on the following basis, namely: i where the total amount of equit.................................................. share capital issued to such shareholders is ten per cent. or less of the total issued equity capital two directors ii where the total amount of equity................................................ share capital issued to such shareholders is more than ten per cent. but less than twentyfive per cent. of the total issued equity capital three directors and iii where the total equity share capital......................................... issued to such shareholders is twentyfive per cent. or more of the total issued equity capital: four directors: provided that until the assumption of charge by the elected directors under this clause, the central government may at any time nominate such number of directors not exceeding four from amongst persons having special knowledge of, and professional experience in, agricultural science, technology, economics, banking, cooperatives, law, rural finance, investment, accountancy, marketing or any other matter, the special knowledge of, and professional experience in, which would, in the opinion of the central government, be useful to the national bank for carrying out its functions and g a managing director. 2 the chairman and other directors, excluding the directors referred to in clause f, shall be appointed by the central government in consultation with the reserve bank: provided that no such consultation shall be necessary in the case of directors appointed under clause d of subsection 1. 3 where the central government is satisfied, in consultation with the reserve bank, 3 that it is necessary so to do, it may appoint one or more wholetime directors with such designations as may be deemed appropriate by that government and any wholetime director so appointed shall also be a member of the board. 4 1. subs. by act 55 of , s. 5, for subsections 1 and 2 w.e.f. . 2. subs. by act 7 of , s. 6, for smallscale industries w.e.f. . 3. the words and the board omitted by act 81 of , s. 17w.e.f. . 4. the proviso omitted by s. 17, ibid. w.e.f. .

section 5. of the national bank for agriculture and rural development act : 1 the general superintendence, direction and management of the affairs and business of the national bank shall vest in a board of directors, which shall exercise all powers and do all acts and things which may be exercised or done by the national bank. 2 subject to the provisions of this act, the board in discharging its functions, shall act on business principles with due regard to public interest. 3 subject to the provisions of subsection 1 and save as otherwise provided in the regulations made under this act, the managing director shall also have powers of general superintendence, direction and management of the affairs and business of the national bank and may also exercise all powers and do all acts and things which may be exercised or done by the national bank: 1provided that during the period of any casual vacancy of the nature referred to in section 11 in the office of the managing director, the chairman may also exercise the powers and discharge the functions of the managing director until the person appointed by the central government under section 11 to act as managing director enters upon his office. 4 any wholetime director appointed under subsection 3 of section 6 shall assist the managing director in the discharge of his functions under subsection 3 and perform such duties as the board may entrust or delegate to him. 5 in the discharge of his powers and functions under subsection 3, the managing director shall follow such directions as the chairman may give. 6 in the discharge of its functions under this act, the national bank shall be guided by such directions in matters of policy involving public interest as the central government, in consultation with the reserve bank, or the reserve bank, may give in writing. 1. ins. by act 66 of , s. 43 w.e.f. .

section 10. of the national bank for agriculture and rural development act : 1 if a director a becomes subject to any of the disqualifications mentioned in section 9 or b is absent without leave of the board for more than three consecutive meetings thereof, his seat shall thereupon become vacant. 2 any director may resign his office by giving notice thereof in writing to the central government, and on his resignation being accepted by the central government or if his resignation is not sooner accepted, on the expiry of three months from the receipt thereof by the central government, he shall be deemed to have vacated his office.

section 11. of the national bank for agriculture and rural development act : if the managing director is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, the central government may, after consultation with the reserve bank and the board, appoint another person to act in his place as managing director during his absence.

section 12. of the national bank for agriculture and rural development act : 1 the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 2 the chairman of the board, or, if for any reason he is unable to attend any meeting, 1the managing director and in the absence of both, the chairman and the managing director any other director nominated by the chairman in this behalf, and in the absence of such nomination, any other director elected by the directors present at the meeting, shall preside at the meeting of the board. 3 all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or, in his absence, the person presiding, shall have a second or casting vote. 1. ns. by act 55 of , s. 8 w.e.f. .

section 17. of the national bank for agriculture and rural development act : on the date appointed under subsection 1 of section 16, a the corporation shall stand dissolved and b the agricultural refinance and development corporation act, , shall stand repealed.

section 14. of the national bank for agriculture and rural development act : 1 1the board may constitute an advisory council consisting of such number of directors and such other persons who, in the opinion of the board, have special knowledge of agriculture, agricultural credit, cooperation and rural economics, 2microenterprises, smallscale industries, village and cottage industries and handicrafts and other rural crafts or have special knowledge and appreciation of the countrys overall developmental policies and in particular overall monetary and credit policies, which is considered by the board as useful to the national bank. 2 the advisory council shall advise the national bank in such matters as may be referred to the advisory council by the national bank and may discharge such other functions as may be entrusted or delegated to the advisory council by the national bank. 3 a member of the advisory council shall hold office for such term not exceeding five years as the national bank may fix, and receive such fees and allowances as may be prescribed for attending the meetings of the advisory council and for attending to any other work of the national bank. 4 the advisory council shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. 1. subs. by 55 of , s. 9, for the board shall w.e.f. . 2. subs. by act 7 of , s. 7, for smallscale industries w.e.f. .

section 13. of the national bank for agriculture and rural development act : 1 the board may constitute an executive committee consisting of such number of directors as may be prescribed. 2 the executive committee shall discharge such functions as may be prescribed or may be delegated to it by the board. 3 the board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit and for such purposes as it may decide and every committee so constituted shall discharge such functions as may be delegated to it by the board. 4 the executive committee shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. 5 the times and places at which any committee constituted under subsection 3 shall meet, the rules of procedure which such committee shall observe in regard to the transaction of business at its meetings, and the fees and allowances which may be paid to the members of such committee for attending the meetings of the committee and for attending to any other work of the national bank shall be such as may be specified by that bank.

section 19. of the national bank for agriculture and rural development act : the national bank may, for the purpose of carrying out its functions under this act, 1a issue and sell bonds, debentures and other financial instruments with or without guarantee of the central government on such terms and conditions as may be approved by the board 2b borrow money from the reserve bank repayable on demand or otherwise on such terms and conditions including the terms relating to security and purposes as may be specified by the reserve bank c borrow money from the central government and from any other authority or organisation or institution approved by the board, on such terms and conditions as may be agreed upon d accept from the central government, a state government, a local authority, a state land development bank, a state cooperative bank or a scheduled bank or any person or body, whether incorporated or not, deposits repayable on such terms as the national bank may, with the approval of the reserve bank, fix and e receive gifts, grants, donations or benefactions from the central government or any state government or any other source. 1. subs. by act 55 of , s. 10, for clause a w.e.f. . 2. subs. by s. 10, ibid., for clauses b to e w.e.f. .

section 15. of the national bank for agriculture and rural development act : a director of the board or a member of a committee, who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board or a committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting, and the disclosure shall be recorded in the minutes of the board, or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the board or the committee with respect to that matter.

section 16. of the national bank for agriculture and rural development act : 1 on such date as the central government, in consultation with the reserve bank may, by notification, appoint, the entire undertaking of the agricultural refinance and development corporation hereafter in this chapter referred to as the corporation including all business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature, shall stand transferred to and vest in the national bank. 2 as compensation for the transfer of the undertaking of the corporation to the national bank under subsection 1, the national bank shall within six months from the date appointed under that subsection hereafter in this section referred to as the appointed date pay to the shareholders of the corporation a sum equal to the total paidup capital of the corporation as on the date immediately preceding the appointed date. 3 the amount of compensation payable under subsection 2 to the shareholders of the corporation shall be apportioned among the shareholders in proportion to their contributions to the paidup capital of the corporation as on the date immediately preceding the appointed date. explanation.for the purposes of this subsection, shareholders of the corporation means shareholders of the corporation whose names appear on the register of shareholders maintained under section 8 of the agricultural refinance and development corporation act, 10 of , on the date immediately preceding the appointed date. 4 the national bank shall also pay to the shareholders of the corporation referred to in subsection 2 an amount calculated at the rate at which the shares of the corporation were guaranteed as to the payment of minimum divided under section 6 of the agricultural refinance and development corporation act, 10 of , for the period, if any, that has expired in the accounting year of the corporation before the appointed date and this amount the national bank shall distribute to the shareholders of the corporation referred to in subsection 2 in proportion to the shares held by such shareholders on the date immediately preceding the appointed date and at the rate at which such shares were guaranteed as to the payment of minimum dividend. 5 all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed date and to which the corporation is a party, or which are in favour of the corporation, shall be of as full force and effect against or in favour of the national bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the corporation the national bank had been a party thereto, or as if they had been in favour of the national bank. 6 if, immediately before the appointed date, any suit, appeal or other legal proceeding of whatever nature, is pending, by or against the corporation, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the national bank of the undertaking of the corporation, or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced, by or against the national bank.

section 18. of the national bank for agriculture and rural development act : 1 on such date as the central government may, in consultation with the reserve bank, by notification, appoint, the assets and liabilities with the reserve bank relating to a the national agricultural credit long term operations fund established and maintained under section 46a of the reserve bank of india act, 2 of and b the national agricultural credit stabilisation fund established and maintained under section 46b of the reserve bank of india act, 2 of , shall stand transferred to the national bank and form part of the national rural credit long term operations fund referred to in section 42 and the national rural credit stabilisation fund referred to in section 43, respectively. 2 with effect from such date as the central government may, in consultation with the reserve bank, by notification, appoint, the loans and advances which the reserve bank has granted to state cooperative banks and regional rural banks under section 17 except subclause a of clause 4 of the reserve bank of india act, 2 of , and which the reserve bank may specify by a general or special order, shall, as far as may be, become and be deemed to be loans and advances granted by the national bank under section 21, and the national bank shall repay to the reserve bank, the amount of such loans and advances on such terms and conditions as the central government may specify, in consultation with the reserve bank. 3 all rights, liabilities interests, privileges and obligations of whatever nature including the rights and obligations arising by way of purchase, sale and rediscount of any bills of exchange and promissory notes of the reserve bank in relation to any asset or liability referred to in subsection 1 or any loan or advance referred to in subsection 2 shall stand transferred to and vest in the national bank on the date on which such asset or liability stands transferred to the national bank under subsection 1 or, as the case may be, such loan or advance becomes under subsection 2 a loan or advance granted by the national bank. 4 all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature relating to any asset or liability referred to in subsection 1 and subsisting or having effect immediately before the date appointed under that subsection or relating to any loan or advance referred to in subsection 2 and subsisting or having effect immediately before the date appointed under that subsection shall be of as full force and effect against, or in favour of, the national bank, as the case may be, and may be enforced or acted upon as fully and effectually as if instead of the reserve bank, the national bank had been a party thereto, or as if they had been in favour of the national bank. 5 if, immediately before the date appointed under subsection 1 or subsection 2, as the case may be, any suit, appeal or other legal proceedings of whatever nature relating to any asset or liability referred to in subsection 1 or any loan or advance referred to in subsection 2 is pending, by or against the reserve bank, the same shall not abate, be discontinued, or be in any way prejudicially affected by reason of the transfer to the national bank of such asset or liability under subsection 1, or as the case may be, such loan or advance becoming under subsection 2 a loan or advance granted by the national bank, or of anything contained in this act, but the suit, appeal or other proceedings may be continued, prosecuted and enforced, by or against the national bank.

section 21. of the national bank for agriculture and rural development act : 1 the national bank may provide by way of refinance, loans and advances, repayable on demand or on the expiry of fixed periods not exceeding eighteen months, 1to state cooperative banks, central cooperative banks, regional rural banks, or to any financial institution or to any class of financial institutions, which are approved by the reserve bank in this behalf, for financing i agricultural operations or the marketing of crops, or ii the marketing and distribution of inputs necessary for agriculture or rural development, or iii any other activity for the promotion of or in the field of agriculture or rural development, or iv bona fide commercial or trade transactions, or v the production or marketing activities of artisans or of 2village and cottage industries, microenterprises, small enterprises and medium enterprises or of those engaged in the field of handicrafts, handlooms and other rural crafts. . 2 the national bank may make loans and advances under subsection 1 against the security of i stocks, funds and securities other than immovable property, in which a trustee is authorised to invest trust money by any law for the time being in force ii promissory notes supported by documents of title to goods, such documents having been transferred, assigned or pledged to the borrowing institution as security for a loan or advance made for any of the purposes specified in subsection 1: provided that the national bank may, whenever it considers it necessary so to do, accept, in lieu of the actual assignment of any such security in favour of the national bank, a declaration in writing from the borrowing institution, a stating that it holds such documents such documents of title to goods as may be set out in the declaration and b containing such other particulars as may be required by the national bank. 3 notwithstanding anything contained in subsection 2, the national bank may in its discretion grant a loan or advance a 3to any state cooperative bank or central cooperative bank if the loan or advance is fully guaranteed for repayment of principal and interest by government b to any state cooperative bank which is a scheduled bank, if the loan or advance is secured either by a bill of exchange or promissory note executed by the central cooperative bank and assigned in favour of the state cooperative bank. 4 notwithstanding anything contained in subsections 2 and 3, the national bank may also make loans and advances repayable on demand or on the expiry of fixed periods not exceeding eighteen months against promissory notes of a state cooperative bank or a regional rural bank or an institution approved under subsection 1: provided that the borrowing institution furnishes a declaration in writing, setting out the purpose for which it has made loans and advances and such other particulars as may be required by the national bank. 1. subs. by act 48 of , s. 2, for to state cooperative banks w.e.f. . 2. subs. by act 7 of , s. 8, for smallscale industries, industries in the tiny and decentralised sector, village and cottage industries or of those engaged in the field of handicrafts w.e.f. . 3. subs. by act 48 of , s. 2, for to any state cooperative bank w.e.f. .

section 27. of the national bank for agriculture and rural development act : the national bank may make loans and advances to state governments, repayable on the expiry of fixed periods not exceeding twenty years from the date of making such loans and advances, from the national rural credit long term operations fund established under section 42 for enabling them to subscribe directly or indirectly to the share capital of a cooperative credit society.

section 20. of the national bank for agriculture and rural development act : 120. borrowings in foreign currency. 1 notwithstanding anything contained in the foreign exchange management act, 42 of , or in any other law for the time being in force, relating to foreign exchange, the national bank may borrow, with the previous approval of the central government and in consultation with the reserve bank, foreign currency from any bank or financial institution in india or elsewhere, for granting loans and advances or for utilising such currency for any other purpose specified under the provisions of this act. 1. subs. by s. 11, ibid., for section 20 w.e.f. .

section 22. of the national bank for agriculture and rural development act : 122. conversion loan for production credit. where the national bank is satisfied that owing to drought, famine or other natural calamities, military operations or enemy action, any state cooperative bank, central cooperative bank, regional rural bank or any such financial institution or any financial institution falling under any such class of financial institutions, as may be approved by the reserve bank in this behalf, requires assistance under this section, it may provide to such bank or institution such financial assistance as it may deem fit by way of making loans and advances repayable on the expiry of fixed periods not exceeding seven years and on such terms and conditions as may be specified in this behalf by the national bank: provided that loans and advances may be made under this section only for the purpose of enabling the borrowing bank or institution, a to pay any dues to the national bank for credit extended for financing agricultural operations or the marketing of crops under clause i of subsection 1 of section 21, or b i to make loans or advances to central cooperative banks or primary rural credit societies in cases where the borrowing bank is a state cooperative bank, and ii to make loans and advances to primary rural credit societies in cases where the borrowing bank is a central cooperative bank, and such loans or advances in both the cases being repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years, by way of reimbursement of loans and advances made by such cooperative banks or societies for agriculture or agricultural operations or for reimbursement of such loans or advances which have been converted into loans or advances repayable on expiry of fixed periods not being less than eighteen months and not exceeding seven years from the date of conversion: provided further that no loan or advance shall be made under this section to a state cooperative bank or a central cooperative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the state government. 1. subs. by s. 3, ibid., for section 22 w.e.f. .

section 23. of the national bank for agriculture and rural development act : where the national bank is satisfied that owing to unforeseen circumstances the rescheduling of any loans and advances made to artisans, 1village and cottage industries, micro enterprises, small enterprises and medium enterprises and those engaged in the field of handicrafts, handlooms and other rural crafts, by any state cooperative bank, regional rural bank or any such financial institution or any financial institution falling under such class of financial institutions as may be approved by the reserve bank in this behalf, has become necessary, it may provide to such bank or institution such financial assistance as it may deem fit by way of loans and advances repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years against such securities as may be specified in this behalf by the national bank: provided that no loan or advance shall be made under this section to a state cooperative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the state government but such guarantee may be waived by the national bank if other security to the satisfaction of the national bank is furnished, or if, for reasons to be recorded by it in writing, the national bank is satisfied that the guarantee or other security is not necessary. 1. subs. by act 7 of , s. 9, for smallscale industries, industries in the tiny and decentralised sector, village and cottage industries and those engaged in the field of handicrafts and other rural crafts, w.e.f .

section 27a. of the national bank for agriculture and rural development act : 127a. loans to state government, undertakings, etc. the national bank may make loans and advances to any state government or a corporation owned or controlled by the state government or to any other person or class of persons, as may be approved by the board, repayable on the expiry of a fixed period not exceeding twentyfive years from the date of making of such loans and advances and subject to such terms and conditions, as may be approved by the board, for the purpose of development of infrastructure facilities for promotion of agriculture and rural development. 1. ins. by s. 14, ibid. w.e.f. .

section 24. of the national bank for agriculture and rural development act : the national bank shall provide such financial assistance as it may consider necessary by way of making to state cooperative banks, regional rural banks, loans and advances repayable on the expiry of fixed periods not being less than eighteen months and not exceeding seven years against such securities as may be specified, in this behalf, by the national bank and such loans or advances may be made for agriculture, rural development or such other purposes as the national bank may, from time to time, determine: provided that no loan or advance shall be made under this section to a state cooperative bank unless such loan or advance is fully guaranteed as to the repayment of the principal and payment of interest, by the state government but such guarantee may be waived by the national bank, if other security to the satisfaction of the national bank is furnished, or if, for reasons to be recorded by it in writing, the national bank is satisfied that the guarantee or other security is not necessary.

section 25. of the national bank for agriculture and rural development act : 1 the national bank may provide such financial assistance as it may consider necessary for promoting agriculture and rural development by a making loans and advances, by way of refinance, on such terms and conditions as the national bank may think fit to impose, to a state land development bank or a state cooperative bank or a scheduled bank or any other financial institution approved by the reserve bank in this behalf, and also rescheduling the payment of such loans and advances: provided that the maximum period for which any such loan or advance may be granted, whether originally or by rescheduling the payment thereof, shall not exceed twentyfive years b purchasing or selling, or subscribing to the bonds or debentures issued by any bank or institution referred to in clause a and repayable within a period not exceeding twentyfive years from the dates on which they are issued c making loans and advances on such terms and conditions as the national bank may think fit to impose, to a state cooperative bank or a scheduled bank for the purpose of enabling such bank to make loans or advances to artisans, 1village and cottage industries, microenterprises, small enterprises and medium enterprises and those engaged in the field of handicrafts, handlooms and other rural crafts and also rescheduling the payment of such loans and advances: provided that the maximum period for which any such loan or advance may be granted, whether originally or by rescheduling the payment thereof, shall not exceed twentyfive years d making, where it is considered necessary so to do in connection with any financial assistance under clause a or clause b or clause c to a state land development bank or a state cooperative bank or a scheduled bank, loans and advances repayable on demand or on the expiry of a fixed period not exceeding eighteen months, by way of refinance 2or otherwise to such bank and also rescheduling the payment of such loans and advances for such period as the national bank may deem fit. 2 the provisions of this section shall be in addition to, and not in derogation of, the provisions of section 21 and section 24. 1. subs. by act 7 of , s. 10, for smallscale industries, industries in the tiny and decentralised sector, village and cottage industries and those engaged in the field of handicrafts w.e.f. . 2. ins. by act 55 of , s. 12 w.e.f. .

section 30. of the national bank for agriculture and rural development act : 130. direct loans. the national bank may, in exceptional circumstances to be recorded in writing by the board, by itself or in association with other financial institutions or scheduled banks, make loans and advances, otherwise than by way of refinance to any person or class of persons or body corporate, on such terms and conditions, including security and repayable within such period not exceeding twentyfive years, as the national bank may deem fit. 1. subs. by s. 17, ibid., for section 30 w.e.f. .

section 26. of the national bank for agriculture and rural development act : 126. purchase and sale of shares. the national bank may subscribe to, or purchase or sell stocks, shares, bonds or debentures of, or invest in the securities of, any institution or class of institutions concerned with agriculture and rural development which the board may approve subject to such terms and conditions as it may deem fit. 1. subs. by s. 13, ibid., for section 26 w.e.f. .

section 28. of the national bank for agriculture and rural development act : 1 no accommodation shall be granted by the national bank under clause a or clause c of subsection 1 of section 25 or section 30 or section 32 to any institution other than a scheduled bank unless it is fully and unconditionally guaranteed by the government as to the repayment of principal and payment of interest: provided that no such guarantee shall be required in cases in which security to the satisfaction of the board is furnished by the borrowing institution. 2 no accommodation shall be granted by the national bank under clause a or clause c of subsection 1 of section 25 or section 32 to any scheduled bank unless security to the satisfaction of the board is furnished by such scheduled bank. 13 notwithstanding anything contained in subsection 1 or subsection 2, no guarantee or security referred to therein shall be required in cases in which the board, for reasons to be recorded in writing, decides that no such security or guarantee is necessary in respect of a scheduled bank, a state cooperative bank or any person or class of persons, specifically approved by the board or in respect of any scheme or class of schemes, having regard to the nature and scope of the scheme or schemes for which accommodation is proposed to be granted by the national bank. 1. subs. by s. 15, ibid., for subsection 3 w.e.f. .

section 32. of the national bank for agriculture and rural development act : 132. issue of guarantees. the national bank may guarantee, subject to such directions as may be issued by the board, from time to time, deferred payments in connection with the purchase of capital goods or for any other purpose for giving effect to the provisions of this act, due from any person or class of persons, whether incorporated or not. 1. subs. by s. 18, ibid., for section 32 w.e.f. .

section 29. of the national bank for agriculture and rural development act : 1 any sums received by a borrowing institution in repayment or realisation of loans and advances refinanced either wholly or partly by the national bank shall, to the extent of the accommodation granted by the national bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the national bank, and shall accordingly be paid by such institution to the national bank, as per the repayment schedule fixed by the national bank. 2 where an accommodation has been granted to a borrowing institution, all securities held, or which may be held, by such borrowing institution, on account of any transaction in respect of which such accommodation has been granted by the national bank, shall be held by such institution in trust for the national bank. 13 notwithstanding anything to the contrary contained in any law for the time being in force, where a liquidator is appointed for winding up a borrowing institution, it shall be the duty of the liquidator to forthwith pass on to the national bank the sums recovered by the borrowing institution or the liquidator, as the case may be, in repayment or realisation of the loans and advances refinanced either wholly or partly by the national bank to the extent the refinance is outstanding and the national bank shall be entitled to enforce the securities held by the borrowing institution in trust for the national bank as if every reference to the borrowing institution in any contract, security or other document obtained by borrowing institution is a reference to the national bank and accordingly, the national bank shall be entitled to recover the balance sums due under such loans and advances from the constituents of borrowing institution and any discharge given by the national bank to such constituent shall be a valid discharge and the liquidator shall, on demand made by the national bank, deliver to it all such contracts, securities and other documents, for due enforcement thereof by the national bank. explanation.for the purposes of this subsection, the word liquidator shall include liquidator or a provisional liquidator or any person or authority entrusted with the duty of liquidating the borrowing institution. 1. ins. by act 55 of , s. 16 w.e.f. .

section 30a. of the national bank for agriculture and rural development act : 30a. bills rediscounting.the national bank may rediscount bills of exchange and promissory notes made, drawn, accepted or endorsed by any company or body corporate concerned with agriculture and rural development presented by a scheduled bank, a state cooperative bank, state land development bank, regional rural bank or any other institution or class of institutions approved by the board. 1. subs. by s. 17, ibid., for section 30 w.e.f. .

section 31. of the national bank for agriculture and rural development act : the national bank may receive, for the rendering of any of the services mentioned in this chapter or chapter vii, such commission or other consideration as may be agreed upon.

section 33. of the national bank for agriculture and rural development act : in entering into any transaction 1under this act with a borrower, the national bank may impose such conditions as it may think necessary or expedient for protecting the interests of the national bank. 1. subs. by s. 19, ibid., for under this chapter with a borrowing institution w.e.f. .

section 34. of the national bank for agriculture and rural development act : 134. power to call for repayment before agreed period. notwithstanding anything to the contrary contained in any agreement or arrangement, the national bank may, by notice in writing, require any borrower or assisted person to whom it has granted any loan or other financial assistance including grants, to discharge forthwith in full, the loan or other financial assistance, including grants, as the case may be, a if it appears to the national bank that false or misleading information in any material particulars was given in the application for the loan or other financial assistance or b if the borrower or the person has failed to comply with any of the terms of the contract or arrangement with the national bank in the matter of loan or other financial assistance, including grants or c if there is a reasonable apprehension that the borrower is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof or d if for any reason it is necessary so to do, to protect the interests of the national bank. 1. subs. by s. 20, ibid., for section 34 w.e.f. .

section 35. of the national bank for agriculture and rural development act : 11 the national bank shall have free access to all such records of a borrower seeking to avail of any credit or other facilities from the national bank under this act and also to all such records of any person seeking to avail of any credit or other facilities from such borrower, perusal whereof may appear to the national bank to be necessary in connection with the providing of finance or other assistance to such borrower or the refinancing of any loan or advance made to such person by the borrower. 2 the national bank may require any institution or person referred to in subsection 1 to furnish to it copies of any of the records referred to in that subsection and the institution or the person, as the case may be, shall be bound to comply with such requisition. 1. subs. by act 55 of , s. 21, for subsection 1 w.e.f. .

section 36. of the national bank for agriculture and rural development act : notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the national bank in pursuance of the provisions of this act shall not be called in question merely on the ground of noncompliance with the requirements of such other law as aforesaid or of any resolution, contract, memorandum, articles of association or other instrument: provided that nothing in this section shall render valid any loan or advance obtained by any company or cooperative society where such company or cooperative society is not empowered by its memorandum to obtain loans or advances.

section 38b. of the national bank for agriculture and rural development act : 138b. securitisation of debt.notwithstanding anything contained in this act, the national bank may a create one or more trusts and transfer loans and advances granted by it, with or without the securities, to such trusts, for consideration b set aside loans or advances held by the national bank and issue and sell securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and act as a trustee for the holders of such securities. 1. ins. by s. 24, ibid. w.e.f. .

section 37. of the national bank for agriculture and rural development act : the national bank shall not grant any loan or advance on the security of its own bonds or debentures.

section 37a. of the national bank for agriculture and rural development act : 137a. prohibited business. 1 the national bank shall not make any loans or advances under section 30 or make any grants under this act to any person or body of persons of which any of the directors of the national bank is a proprietor, partner, director, manager, agent, employee or guarantor or in which one or more directors of the national bank together hold substantial interest: provided that this subsection shall not apply to any borrower if any director of the national bank a is nominated as director of the board of such borrower by the government or a government company as defined 2in clause 45 of section 2 of the companies act, 18 of or by a corporation established by any other law b is elected on the board of such borrower by virtue of shares held in the borrower organisation by the government, or a government company as defined 2in clause 45 of section 2 of the companies act, 18 of or by a corporation established by any other law, by reason only of such nomination or election, as the case may be. explanation.for the purposes of this subsection, substantial interest, in relation to a borrower, means the beneficial interest held by one or more of the directors of the national bank or by any relative of such director as defined 3in clause 77 of section 2 of the companies act, 18 of whether singly or taken together, in the shares of the borrower, the aggregate amount paidup on which either exceeds five lakhs of rupees or five per cent. of the paidup share capital of the borrower, whichever is lesser. 2 the provisions of subsection 1 a shall not apply to any borrower, if the national bank is satisfied that it is necessary in the public interest to enter into business with that borrower and entering into any kind of business with such borrower shall be in accordance with and subject to such conditions and limitations, as may be approved by the board b shall not apply to any transaction relating to the business entered into prior to the commencement of the national bank for agriculture and rural development amendment act, 55 of , and all such business and any transaction in relation thereto may be implemented or continued as if that act had not come into force c shall apply only so long as the conditions precedent to such disability as set out in the said subsection continue. 1. ins. by act 55 of , s. 22 w.e.f. . 2. subs. by act 7 of , s. 11, for in section 617 of the companies act, 1 of w.e.f. . 3. subs. by s. 11, ibid., for in clause 41 of section 2 of the companies act, 1 of w.e.f. .

section 38. of the national bank for agriculture and rural development act : the national bank i shall coordinate its operations and the operations of various institutions engaged in the field of rural credit and maintain expert staff to study all problems relating to agriculture and rural development and be available for consultation to the central government, the reserve bank, the state governments and the other institutions engaged in the field of rural development ii may act as the agent for the central government or a state government or the reserve bank in the transaction of any business in respect of loans and advances granted or to be granted, or bonds or debentures purchased or subscribed for, or to be purchased or subscribed for iii may provide facilities for training, for dissemination of information and the promotion of research including the undertaking of studies, researches, technoeconomic and other surveys in the field of rural banking, agriculture and rural development and it may for the said purposes 1make loans or advances or grants including grants by way of provision for fellowships and chairs to any institution. 2iv may provide technical, legal, financial, marketing and administrative assistance to any person engaged in agriculture and rural development activities v may provide consultancy services in the field of agriculture and rural development and other related matters in or outside india, on such terms and against such remuneration, as may be agreed upon vi may perform the functions entrusted to or required of the national bank by any other law for the time being in force and vii do any other kind of business or undertake any other kind of activity which the central government or the reserve bank may authorise. 1. subs. by act 55 of , s. 23, for make grants w.e.f. . 2. ins. by s. 23, ibid. w.e.f. .

section 38a. of the national bank for agriculture and rural development act : 138a. promotion of subsidiaries. the national bank may, in consultation with the reserve bank, promote, form or manage or associate itself in promotion, formation or management of companies, subsidiaries, affiliates, societies, trusts or such other association of persons, as it may deem fit, for the purpose of carrying out its functions under this act. 1. ins. by s. 24, ibid. w.e.f. .

section 40. of the national bank for agriculture and rural development act : 140. deposits and investments.1 the national bank may invest its funds in promissory notes, stocks or securities of the central government or keep the moneys deposited with the reserve bank or with any agency of the reserve bank or with a state cooperative bank or a scheduled bank. 2 notwithstanding anything contained in subsection 1 or section 30a, the national bank may, for beneficial investment of its surplus funds, rediscount bills of exchange or promissory notes arising out of bona fide trade and commercial transactions and also lend repayable at call or short notice to a scheduled bank or any financial institution approved by the reserve bank, or invest in certificates of deposit and other instruments or schemes as may be approved by the board. 1. subs. by s. 25, ibid., for section 40 w.e.f. .

section 38c. of the national bank for agriculture and rural development act : 138c.exemption from compulsory registration.notwithstanding anything contained in subsection 1 of section 17 of the registration act, 16 of a any instrument in the form of debt obligations or trust certificate of beneficial interest or any other instrument, by whatsoever name called, issued by the national bank or the trust created by it to securitise the loans granted by it and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property or b any transfer of such instruments referred to in clause a, shall not require compulsory registration. 1. ins. by s. 24, ibid. w.e.f. .

section 39. of the national bank for agriculture and rural development act : the national bank may also do all such things as may be necessary or incidental to or consequential upon the exercise of its powers, discharge of its functions and the performance of its duties, under this act, or under any other law for the time being in force.

section 41. of the national bank for agriculture and rural development act : the national bank may, for the purpose of the efficient discharge of its functions under this act, collect from or furnish to the central government, the reserve bank or any banking company or such other financial institution as may be notified by the central government in this behalf, credit information or other information. explanation.for the purposes of this section, the expressions banking company and credit information shall have the same meanings as in section 45a of the reserve bank of india act, 2 of .

section 42. of the national bank for agriculture and rural development act : 1 the national bank shall establish and maintain a fund to be known as the national rural credit long term operations fund. 2 the fund shall in addition to assets and liabilities transferred under section 18 include, a such sums of money as the central government and the state governments may contribute from time to time b such sums of money as the reserve bank may contribute every year and c such further sums of money as the board may contribute every year. 3 the amount in the said fund shall be applied by the national bank only to provide financial assistance by way of loans and advances under section 23, section 24, subsection 1 of section 25 or section 27 or for the purposes of section 26.

section 43. of the national bank for agriculture and rural development act : 1 the national bank shall establish and maintain a fund to be known as the national rural credit stabilisation fund. 2 the fund shall in addition to assets and liabilities transferred under section 18 include, a such sums of money as the central government and the state governments may contribute from time to time b such sums of money as the reserve bank may contribute every year and c such further sums of money as the board may contribute every year. 3 the amounts in the said fund shall be applied by the national bank only to provide loans and advances under section 22.

section 47. of the national bank for agriculture and rural development act : after making provision for bad and doubtful debts, depreciation of assets and all other matters for which provision is necessary or expedient or which is usually provided for by bankers, and for the funds referred to in sections 42, 43 and 45, the national bank shall transfer i for a period of fifteen years, following the accounting year during which the national bank is established, the amount remaining hereafter in this section referred to as surplus to the research and development fund under section 44 and 1ii after the expiry of the said period of fifteen years, the board shall, after making provision for the fund referred to in clause i, disburse or spend the balance of the surplus in such manner as may be approved by the board. 1 . subs. by act 55 of , s. 28, for clause ii w.e.f. .

section 44. of the national bank for agriculture and rural development act : 1 the national bank shall establish and maintain a fund to be known as the research and development fund, to which shall be credited a such sums of money as are transferable to this fund in accordance with section 47 b such sums of money as the board may contribute every year to this fund from out of its annual profits and c such gifts, grants, donations or benefactions which the national bank may receive and which the board may earmark for this purpose. 2 the research and development fund shall be expended on matters of importance to agriculture, agricultural operations and rural development, including the provision of training and research facilities and the 1making of loans or advances or grants under clause iii of section 38. 1. subs. by act 55 of , s. 26, for making of grants w.e.f. .

section 45. of the national bank for agriculture and rural development act : the national bank shall establish a reserve fund 1and other funds as the board may consider necessary by transferring such sums as it may deem fit, out of its annual profits and out of receipts from gifts, grants, donations or benefactions, which it may receive. 1. subs. by s. 27, ibid., for and such other funds w.e.f. .

section 46., of national bank. of the national bank for agriculture and rural development act : 1 the balancesheet and accounts of the national bank shall be prepared and maintained in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the national bank to be balanced and closed as on the thirtieth day of june 1or such other date in each year as the central government may, by notification in the official gazette, specify. 2provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the balancing and closing of, or for other matters relating to, the books or accounts in respect of the concerned years. 1. subs. by act 66 of , s. 46, for , each year w.e.f. . 2. ins. by s. 46, ibid. w.e.f. .

section 48. of the national bank for agriculture and rural development act : 1 the accounts of the national bank shall be audited by auditors duly qualified to act as auditors under subsection 1 of 1section 141 of the companies act, 18 of who shall be appointed by the central government in consultation with the reserve bank, for such term and on such remuneration as the central government may fix. 2 the auditors shall be supplied with a copy of the annual balancesheet of the national bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the national bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the national bank. 3 the auditors may, in relation to the accounts of the national bank, examine any director of the board or any officer or other employee of the national bank and shall be entitled to require from the board or officers or employees of the national bank such information and explanation as they may think necessary for the performance of their duties. 4 the auditors shall make a report to the national bank upon the annual balancesheet and accounts examined by them and in every such report, they shall state whether in their opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the national bank and in case they had called for any explanation or information from the board or any officer or other employee of the national bank, whether it has been given and whether it is satisfactory. 5 the national bank shall furnish to the central government and the reserve bank within four months from the date on which the annual accounts of the national bank are closed and balanced, a copy of its balancesheet as on the close of that year together with a copy of the profit and loss account for the year and a copy of the auditors report and a report of the working of the national bank during the relevant year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament and cause the copies of the said balancesheet, profit and loss account and auditors report to be published in the official gazette. 6 without prejudice to anything contained in the preceding subsections, the central government may, at any time, appoint the comptroller and auditor general of india to examine and report upon the accounts of the national bank and any expenditure incurred by him in connection with such examination and report shall be payable by the national bank to the comptroller and auditor general of india. 1. subs. by act 7 of , s. 12, for section 226 of the companies act, 1 of w.e.f. .

section 49. of the national bank for agriculture and rural development act : the national bank shall furnish, from time to time, to the central government and to the reserve bank, such returns as the central government or the reserve bank may require.

section 50. of the national bank for agriculture and rural development act : 1 the national bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. 2 without prejudice to the provisions of subsection 1, it shall be lawful for the national bank to utilise, and for the reserve bank to make available, the services of such staff of the reserve bank on such terms and conditions as may be agreed upon between the national bank and the reserve bank. 3 subject to the provisions of subsection 6, at any time before the expiry of six months from the appointed day, the reserve bank may, in public interest, transfer to the national bank, such members of the staff of reserve bank whom the reserve bank considers as engaged, or as suitable to be engaged, in attending to the work of a nature which is same or similar to that which the national bank may require for its efficient functioning, and upon such transfer they shall be deemed to be appointed by the national bank under subsection 1 with effect from the date of such transfer: provided that every person so transferred may, before the expiry of a period of six months from the appointed day, or before the expiry of a period of thirty days from such transfer, whichever period expires later, elect to go back to the reserve bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the reserve bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the national bank during the period he was a member of the staff of the national bank. 4 a any member of the staff of the reserve bank who is not appointed under subsection 3, may, if he so desires, make an application to the reserve bank within six months from the appointed day, to be considered for appointment as a member of the staff of the national bank. b the reserve bank may, in consultation with the national bank, consider such application having regard to the suitability of the person so applying, the availability of vacancies in the national bank, the exigencies of service in the reserve bank and the national bank and such other factors as may be considered relevant in this regard, and, if the reserve bank is satisfied having regard to these factors, that such applicant is suitable for being so appointed recommend his appointment to the national bank. c the national bank may thereupon, within eighteen months from the appointed day, appoint such a person applying under this subsection, as a member of the staff of the national bank, and on such appointment, such a person shall be deemed to have been appointed in the national bank under subsection 3: provided that the proviso to subsection 3 and the proviso to subsection 5 shall not apply in respect of such a person. 5 notwithstanding anything contained elsewhere in this act or in any other law or in any contract, for the time being in force, at any time before the expiry of six months from the appointed day, the reserve bank may, if it considers it necessary in consultation with the national bank so to do in the interest of the national bank, transfer on promotion any member of the staff of the national bank to the reserve bank, and on such transfer to the reserve bank, each such member of the staff shall be deemed to be a member of the staff of the reserve bank and shall be entitled to the same salary, emoluments and other conditions of service to which he was entitled immediately before the date of such transfer, including benefits, if any, arising directly out of such promotion: provided that every member of the staff who is transferred as aforesaid may, before the expiry of a period of six months from the appointed day or within thirty days from such transfer, whichever period expires later, elect to go back to the national bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the national bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the reserve bank during the period he was a member of the staff of the reserve bank. 6 every person, a who, immediately before the date appointed under subsection 1 of section 16, is a member of the staff of the agricultural refinance and development corporation or b who is a member of the staff of the reserve bank but whose services are being utilised immediately before that date by the said corporation, shall be deemed to be appointed by the national bank under subsection 1 on the said date: provided that every member of the staff of the reserve bank, who is so deemed to be appointed, and who was not recruited specifically for utilisation in the agricultural refinance and development corporation, may, before the expiry of a period of six months from the appointed day or within a period of thirty days from the date appointed under subsection 1 of section 16, whichever period expires later, elect to go back to the reserve bank by exercising an option in writing to that effect, the option once exercised being final, and on the exercise of such option, the reserve bank shall, before the expiration of a period of eighteen months from the appointed day, take back such member of the staff and he shall be deemed to have been on deputation to the national bank during the period he was a member of the staff of the national bank. 7 notwithstanding anything contained in any other law or in any agreement, for the time being in force, no member of the staff shall be entitled to claim any compensation for, or in relation to any matter concerning, his transfer, appointment or as the case may be, return, under subsections 3 to 6 and no claim in respect thereof shall be entertained by any court, tribunal or other authority. 8 subject to the provisions of subsection 10 and subsection 11, every member of the staff of the agricultural refinance and development corporation or of the reserve bank who is deemed to be appointed as a member of the staff of the national bank under this section, shall be deemed to have been appointed by the national bank on the same salary, emoluments and other terms and conditions of service to which he was entitled immediately before his appointment in the national bank. 9 the provisions relating to superannuation benefits, namely, the regulations relating to provident fund and the rules relating to payment of gratuity and compassionate gratuity and any other provision relating to superannuation as are applicable to the staff of the reserve bank on the appointed day shall, so far as may be, apply to the staff of the national bank, unless and until the national bank alters or amends the same: provided that after the appointed day, any such alteration or amendment may be effected by the national bank as regards provident fund regulations in accordance with section 60, and as regards the other rules in the manner they would have been altered or amended but for this subsection: provided further that after the expiry of six months from the appointed day, the balances held in the reserve bank of india employees provident fund to the credit of any member of the staff of the reserve bank whose services are transferred under this section to the national bank and who does not opt to go back to the reserve bank, shall be transferred to, and held in, the provident fund of the national bank on same or similar terms subject to which those balances were held earlier in the reserve bank of india employees provident fund. 10 notwithstanding anything contained in any other law, settlement, or agreement, every person employed by the national bank or whose services have been transferred to the national bank under this act, shall be liable to serve anywhere in india. 11 notwithstanding anything contained in the industrial disputes act, 14 of , or any other law for the time being in force, or in any award, judgment, decree, decision or order of any industrial tribunal, court or other authority, or any settlement or agreement, made or entered into before the date of transfer to the national bank of the services of any person under this section, the national bank shall be free to alter, amend or repeal in such manner and to such extent it may consider necessary, any of the terms and conditions of service applicable to such persons whose services are so transferred to the national bank and who are appointed in the national bank under this section except that the national bank shall not alter to their prejudice the terms relating to payment of salary and other emoluments, retirement benefits and eligibility for leave. explanation.for the purposes of this section, appointed day means the date of establishment of the national bank under section 3.

section 54. of the national bank for agriculture and rural development act : 1 every director shall be indemnified by the national bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. 2 a director shall not be responsible for any other director or for any officer or other employee of the national bank or for any loss or expenses resulting to the national bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the national bank or the insolvency or wrongful act of any debtor or any person under obligation to the national bank or anything done in good faith in the execution of the duties of his office in relation thereto.

section 51. of the national bank for agriculture and rural development act : 1 the national bank shall not, except as otherwise required by this act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the national bank to divulge such information. 2 every director, member of a committee, auditor, officer or other employee of the national bank or of the reserve bank, whose services are utilised by the national bank under the provisions of this act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule to this act. 13 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 52. of the national bank for agriculture and rural development act : 1 no act or proceeding of the board or of any committee of the national bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may be. 2 no act done by any person acting in good faith as a director of the board or as a member of a committee of the national bank shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.

section 56. of the national bank for agriculture and rural development act : 1 whoever in any return, balancesheet, or other document or in any information required or furnished by or under or for the purposes of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 if any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this act, it is his duty to produce or furnish, he shall be punishable with a fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure.

section 52a. of the national bank for agriculture and rural development act : 152a. agreement with national bank on appointment of directors to prevail.1 where any agreement entered into by the national bank with a company or a body corporate while granting loans and advances, provides for the appointment by the national bank of one or more directors of such company or body corporate, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective, notwithstanding anything to the contrary contained in 2the companies act, 18 of or in any other law for the time being in force, or in the memorandum, articles of association or any other instrument relating to the company or body corporate, and any provision regarding share qualification, agelimit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the national bank in pursuance of the agreement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the national bank and may be removed or substituted by any person by order in writing of the national bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. ins. by act 55 of , s. 29 w.e.f. . 2. subs. by act 7 of , s. 13, for the companies act, 1 of w.e.f. .

section 53. of the national bank for agriculture and rural development act : no suit or other legal proceeding shall lie against the national bank or any director or any officer or other employee of the national bank or any other person authorised by the national bank to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of law.

section 58. of the national bank for agriculture and rural development act : the bankers books evidence act, 18 of , shall apply in relation to the national bank as if it were a bank as defined in section 2 of that act.

section 55. of the national bank for agriculture and rural development act : exemption from incometax, etc.omitted by the finance act, 14 of , s. 140 w.e.f. .

section 57. of the national bank for agriculture and rural development act : 1 where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 62. of the national bank for agriculture and rural development act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of three years from the commencement of this act.

section 59. of the national bank for agriculture and rural development act : no provision of law relating to the winding up of companies shall apply to the national bank and the national bank shall not be placed in liquidation save by order of the central government and in such manner as it may direct.

section 60. of the national bank for agriculture and rural development act : show related subordinates 1 the board may, with the previous approval of the central government and in consultation with the reserve bank, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the fees or allowances that may be paid to the directors or members of the advisory council b the times and places of the meetings of the board or the executive committee or the advisory council and the procedure to be followed at such meetings including the quorum necessary for the transaction of business c the number of directors constituting the executive committee and the functions that such committee shall discharge d the manner and terms of issue and redemption of bonds and debentures by the national bank 1e the manner of election of directors under clause f of subsection 1 of section 6 2 g the form and manner in which the balancesheets and the accounts of the national bank shall be prepared or maintained 2 i the duties and conduct, salaries, allowances and conditions of service of officers and other employees j the establishment and maintenance of provident or other benefit funds for employees of the national bank and k such other matters for which the board may consider it expedient or necessary to provide for by way of regulations. 3 any regulation which may be made by the board under this act may be made by the reserve bank, in consultation with the central government, before the expiry of three months from the date of establishment of the national bank, and any regulation so made may be altered and rescinded by the board in the exercise of its powers under this act. 4 the power to make regulations conferred by this section shall include the power to give retrospective effect to the regulations or any of them from a date not earlier than the date of commencement of this act, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interest of any person to whom such regulation may be applicable. 5 the central government shall cause every regulation made under this act to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. subs. by act 55 of , s. 30, for clause e w.e.f. . 2. clauses f and h omitted by s. 30, ibid. w.e.f. .

section 61.. of the national bank for agriculture and rural development act : 61. amendment of certain enactments.rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f. .

section 4. of the taxation laws extension to jammu and kashmir act : if, in or in relation to the state of jammu and kashmir, any difficulty arises in giving effect to the provisions of chapter vii of the finance no. 2 act, 32 of , or of the tax on postal articles act, 47 of , or of the inland air travel tax act, 48 of , now extended to the state of jammu and kashmir, the central government may, as occasion may require, by order notified in the official gazette, make such provisions or give such directions, not inconsistent with the provisions of that chapter or act, as appear to it to be necessary for the removal of the difficulty. provided that no such order shall be made under this section after the expiration of two years from the commencement of this act.

section 3. of the taxation laws extension to jammu and kashmir act : the reference to the code of criminal procedure, 5 of , in chapter vii of the finance no. 2 act, 32 of , and in section 8 of the inland air travel tax act, 48 of , shall, in relation to the state of jammu and kashmir, be construed as a reference to the corresponding law in force in that state.

section 1. of the taxation laws extension to jammu and kashmir act : 1 this act may be called the taxation laws extension to jammu and kashmir act, . 2 it shall come into force on the 1st day of july,

section 2. of the taxation laws extension to jammu and kashmir act : the provisions of chapter vii of the finance no. 2 act, 32 of , and all rules made and notifications issued by the central government, and all regulations made by the central board of excise and customs, thereunder shall extend to, and come into force in, the state of jammu and kashmir. 2 the tax on postal articles act, 47 of , and the inland air travel tax act, 48 of , and all rules made and notifications issued by the central government thereunder shall extend to, and come into force in, the state of jammu and kashmir. 1 1. subsection 3 rep. by the repealing and amending act, 38 of , s. 2 and the first schedule w.e.f. .

section 8. of the former secretary of state service officers conditions of service act : 1 no former secretary of state service officer shall be entitled, or be deemed ever to have been entitled, to claim, a pension in sterling or b that his pension shall be paid outside india or c where his pension was expressed in sterling or a fixed sterling minimum was applicable in respect of the pension payable to him, that his pension shall be computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange exceeding the rate of rupees thirteen and onethird to the pound sterling: 1provided that in relation to every former secretary of state service officer who, having been in service on the 1st day of february, , and domiciled in india on that date, is entitled immediately before the appointed day to claim his pension computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange of rupees fifteen to a pound sterling, clause c shall have effect as if for the words thirteen and onethird, the word fifteen were substituted: provided further that every former secretary of state service officer whose pension was expressed in sterling or in respect of whose pension a fixed sterling minimum was applicable, and who, immediately before the appointed day, is a foreigner having taken up permanent residence outside india, shall, so long as he continues to be a foreigner permanently residing outside india, be allowed to convert the annuity of rupees thirteen thousand three hundred and thirtythree and onethird or the annuity actually payable to him in rupees, whichever is less, into pound sterling at the rate of rupees thirteen and onethird to a pound sterling, and the annuity so converted into pound sterling shall be paid outside india. explanation 1.nothing contained in the foregoing proviso shall be deemed to entitle any former secretary of state service officer to claim conversion of amounts representing the annuity or the commuted value thereof, already drawn in rupees before the commencement of the former secretary of state service officers conditions of service amendment act, 24 of , into pound sterling. explanation 2.in this subsection, the expression foreigner means a person who is not a citizen of india. 2 notwithstanding any judgment, decree or order of any court, every former secretary of state service officer 2not being an officer to whom the first proviso or the second proviso to subsection 1 applies who has been paid the rupee equivalent or, as the case may be, the pound sterling equivalent of his pension by calculating such pension with reference to a rate of exchange exceeding the rate of exchange of rupees thirteen and onethird to the pound sterling, shall refund to the central government or, as the case may be, the state government, the sum by which the amount paid to him exceeds the amount which would have been payable to him if the calculation had been made at the rate of exchange of rupees thirteen and onethird to the pound sterling and the central government or the state government may set off, in such manner as it may deem fit, the amount required to be so refunded to it by any such officer against any sum including pension which is or which may become due from that government to such officer. 3 for the removal of doubts, it is hereby declared that the provisions of subsections 1 and 2 shall apply to a former secretary of state service officer who is holding or has held the office of the chief justice or other judge of the supreme court or a high court, the comptroller and auditorgeneral of india, the chairman or other member of the union or a state public service commission or the chief election commissioner as they apply to other former secretary of state service officers. 1. the provisos and explanations ins. by act 24 of , s. 2 w.e.f. . 2. ins. by act 24 of , s. 2 w.e.f. .

The Former Secretary of State Service Officers (Conditions of Service) Act, 1972

section 1. of the former secretary of state service officers conditions of service act : 1 this act may be called the former secretary of state service officers conditions of service act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st october, , vide notification no. g.s.r. 420e, dated 28th september, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the former secretary of state service officers conditions of service act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b former secretary of state service officer means a person referred to in subclause a or subclause b of clause 1 of article 312a of the constitution c i.c.s. member of the indian administrative service means a person who was appointed to the civil service of the crown in india known as the indian civil service and who on the appointed day is a member of the indian administrative service d i.p. member of the indian police service means a person who was appointed to the police service of the crown in india known as the indian police and who on the appointed day is a member of the indian police service e pension has the meaning assigned to it in clause 17 of article 366 of the constitution.

section 7.c. members of indian administrative service. of the former secretary of state service officers conditions of service act : a an i.c.s. member of the indian administrative service shall, subject to the provisions of section 8 and subject to the same provisions in regard to the right of the central government to withdraw the whole or any part of pension or to order recovery of pension and the same conditions for grant of retirement benefits, as are applicable for the time being in the case of other members of the indian administrative service, be entitled on his retirement from service in accordance with the provisions of section 6, to receive by way of annuity rupees thirteen thousand three hundred and thirtythree and onethird b no deathcumretirement gratuity benefits shall be available to or in respect of an i.c.s. member of the indian administrative service unless such member has exercised his option for such benefits before the appointed day in accordance with the orders of the central government in that behalf and the benefits admissible to or in relation to an i.c.s. member of the service who so exercised his option shall be subject to the conditions specified in the said orders and to the same conditions for grant of retirement benefits as are applicable for the time being in the case of other members of the indian administrative service c no family pension benefits shall be admissible in relation to an i.c.s. member of the indian administrative service unless such member exercised his option in respect of such benefits before the appointed day in accordance with the orders of the central government in that behalf and the benefits admissible in relation to an i.c.s. member of the service who so exercised his option shall be subject to the conditions specified in the said orders d the provident fund account of an i.c.s. member of the indian administrative service shall be credited, on his retirement or previous death, with the same amount, if any, as would have been credited by way of contribution in accordance with the rules in force immediately before the appointed day

section 3.c. members of the indian administrative service. of the former secretary of state service officers conditions of service act : subject to the other provisions of this act, on and from the appointed day, a the conditions of service as respects, i remuneration, ii leave, and iii pension b the rights as respects disciplinary matters and c the conditions of service and the rights as respects all other matters, of the i.c.s. members of the indian administrative service shall be the same as those of the other members of that service and accordingly and subject as aforesaid, the provisions of the allindia services act, 61 of and the rules and regulations made or deemed to have been made thereunder, as in force from time to time, shall apply to and in relation to the i.c.s. members of the indian administrative service as they apply to and in relation to the other members of that service.

section 6.c. members of indian administrative service and i. members of indian police service. of the former secretary of state service officers conditions of service act : notwithstanding anything contained in section 3 or section 4, a an i.c.s. member of the indian administrative service, unless his service has been extended before the appointed day in accordance with the rules and regulations then applicable or is extended on or after that day in accordance with the rules and regulations applicable to the other members of the indian administrative service, shall retire compulsorily, i where he attains the age of fiftyeight years before the expiry of six months from the appointed day, on the date of expiry of the said period of six months or on the date on which he shall retire compulsorily in accordance with the rules applicable to him immediately before the appointed day, whichever date is earlier ii in any other case, on his attaining the age of fiftyeight years b the central government shall have and shall be deemed always to have had the power to require an i.c.s. member of the indian administrative service or an i.p. member of the indian police service, in consultation with the government of the state on whose cadre he is borne and after giving to such member at least three months previous notice in writing, to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice c an i.c.s. member of the indian administrative service or an i.p. member of the indian police service may, after giving at least three months previous notice in writing to the government of the state on whose cadre he is borne, retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice: provided that no member under suspension shall retire from service except with the specific approval of the government of the state on whose cadre he is borne. explanation.for the purposes of clause b and clause c, qualifying service means service qualifying for purposes of pension.

section 10. of the former secretary of state service officers conditions of service act : notwithstanding that no provision or insufficient provision has been made under section 9 for the adaptation of any rule, regulation or order referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, regulation or order may construe it with such modifications as may be necessary to bring it into accord with the provisions of this act.

section 4.p. of the former secretary of state service officers conditions of service act : subject to the other provisions of this act, on and from the appointed day, a the conditions of service as respects, i remuneration, ii leave, and iii pension b the rights as respects disciplinary matters and c the conditions of service and the rights as respects all other matters, of the i.p. members of the indian police service shall be the same as those of the other members of that service and accordingly and subject as aforesaid, the provisions of the allindia services act, 61 of and the rules and regulations made or deemed to have been made thereunder, as in force from time to time, shall apply to and in relation to the i.p. members of the indian police service as they apply to and in relation to the other members of that service.

section 5.c. members of indian administrative service and i. members of indian police service. of the former secretary of state service officers conditions of service act : notwithstanding anything contained in section 3 or section 4, an i.c.s. member of the indian administrative service or an i.p. member of the indian police service, as the case may be, holding a post specified in the schedule or a post declared by the central government to be equivalent to such post shall, for so long as he holds that post, be entitled to draw pay as indicated against the post in the schedule.

section 12. of the former secretary of state service officers conditions of service act : the provisions of this act or of any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this act or in any rule, regulation or order or other instrument having effect by virtue of any law other than this act.

section 9. of the former secretary of state service officers conditions of service act : 1 for the purpose of bringing the provisions of any rules and regulations made or deemed to have been made under the allindia services act, 61 of or any rules, regulations or orders including any other instrument having the force of law applicable immediately before the appointed day to or in relation to former secretary of state service officers into accord with the provisions of this act, the central government may, before the expiry of two years from the appointed day, by order published in the official gazette, make such adaptations and modifications of such rules, regulations or orders, whether by way of repeal or amendment, as may be necessary. 2 the provisions of subsection 1 shall be in addition to and not in derogation of any power under any other law to amend or repeal the rules, regulations and orders referred to in that subsection.

section 13. of the former secretary of state service officers conditions of service act : any order in respect of disciplinary matters in relation to any i.c.s. member of the indian administrative service or any i.p. member of the indian police service in force immediately before the appointed day shall continue in force as from the appointed day: provided that nothing in this section shall derogate from the powers of the competent authority to vary or rescind such order.

section 10a. of the former secretary of state service officers conditions of service act : 110a. power of central government to make orders in certain cases to ensure parity.1 if the central government is satisfied that the conditions of service as respects any matter applicable to, or in relation to, any class or category of former secretary of state service officers under section 6, 7 or 8 or as respects any benefits by way of compensation for the increase in cost of living or any other reason, have become less favourable than those applicable to or in relation to any corresponding class or category of other officers of the indian administrative service or the indian police service or, as the case may be, any comparable service, it may, notwithstanding anything contained in those sections, by general or special order and subject to such conditions and restrictions including conditions as to refund adjustment or recovery, as may be specified therein, make such provisions as it may deem fit for securing, so far as may be, parity in such cases. 2 any order under subsection 1 may be made so as to have retrospective effect. 3 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 1. ins. by s. 3, ibid. w.e.f. .

section 11. of the former secretary of state service officers conditions of service act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by general or special order published in the official gazette, for the purpose of removing the difficulty, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient: provided that no such order shall be made under this subsection after the expiry of three years from the appointed day. 2 every order made under subsection 1 shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the oil and natural gas commission transfer of undertaking and repeal act : 1 every officer or other employee of the commission except a member or the chairman serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the corporation by virtue of this act, become, as from the appointed day, an officer or, as the case may be, other employee of the corporation and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the commission if its undertaking had not vested in the corporation and shall continue to do so as an officer or other employee of the corporation or until the expiry of a period of one year from the appointed day if such officer or other employee opts not to be the officer or other employee of the corporation within such period. 2 where an officer or other employee of the commission opts under subsection 1 not to be in the employment or service of the corporation such officer or other employee shall be deemed to have resigned. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the service of any officer or other employee of the commission to the corporation shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 the officers and other employees who have retired before the appointed day from the service of the commission and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the corporation. 5 the trusts of the provident fund, gratuity fund or the superannuation scheme of the commission and any other bodies created for the welfare of officers or other employees shall continue to discharge their functions in the corporation as was being done hitherto in the commission and any tax exemption granted to the provident fund, gratuity fund and the superannuation scheme or any other bodies created for the welfare of officers or other employees shall continue to be applied to the corporation. 6 notwithstanding anything contained in this act or in the companies act, 1 of or in any other law for the time being in force or in the regulations of the commission, no member or chairman of the commission shall be entitled to any compensation against the commission or the corporation for the loss of office or for the premature termination of any contract of management entered into by him with the commission.

The Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993

section 1. of the oil and natural gas commission transfer of undertaking and repeal act : 1 this act may be called the oil and natural gas commission transfer of undertaking and repeal act, . 2 it shall be deemed to have come into force on the 2nd day of july, .

section 3. of the oil and natural gas commission transfer of undertaking and repeal act : show related subordinates on such date1 as the central government may, by notification in the official gazette, appoint, the undertaking of the commission shall stand transferred to, and vest in, the corporation. 1. 1st february, , vide notification no. g.s.r. 44e, dated 28th january , see gazette of india, extraordinary, part i, sec. 3i

section 7. of the oil and natural gas commission transfer of undertaking and repeal act : any guarantee given for or in favour of the commission with respect to any loan or lease finance or other assistance shall continue to be operative in relation to the corporation.

section 2. of the oil and natural gas commission transfer of undertaking and repeal act : in this act, unless the context otherwise requires, a appointed day means such date as the central government may, by notification in the official gazette, appoint under section 3 b corporation means the oil and natural gas corporation limited, a company registered under the companies act, 1 of c commission means the oil and natural gas commission established under subsection 1 of section 3 of the oil and natural gas commission act, 43 of d prescribed means prescribed by rules made under this act.

section 4. of the oil and natural gas commission transfer of undertaking and repeal act : 1 on and from the appointed day, the entire capital of the commission shall, by virtue of this act, stand vested in the corporation. 2 the undertaking of the commission which is transferred to, and which vests in, the corporation under section 3 shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal or incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, works, workshops, vehicles, oil rigs, oil platforms, cash balances, deposits, foreign currencies, reserves, reserve funds or any other investments, securities, tenancies, leases and book debts and all other rights and interests arising out of such properties as were immediately before the appointed day in the ownership, possession or power of the commission in relation to its undertaking, whether within or outside india, all books of account and registers, records and documents relating thereto and shall also be deemed to include all liabilities and obligations of whatever kind, within or outside india, of the commission in relation to its undertaking subsisting immediately before the appointed day. 3 all contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the commission shall cease to have effect or to be enforceable against the commission and shall be of as full force and effect against or in favour of the corporation and enforceable as fully and effectually as if, instead of the commission the corporation had been named therein or had been a party thereto. 4 any proceeding or cause of action pending or existing immediately before the appointed day by or against the commission, in relation to its undertaking may, as from the appointed day, be continued and enforced by or against the corporation as it might have been enforced by or against the commission, if this act had not been in force, and shall cease to be enforceable by or against the commission.

section 12. of the oil and natural gas commission transfer of undertaking and repeal act : 1 the oil and natural gas commission transfer of undertaking and repeal ordinance, ord. 28 of is hereby repealed. 2 notwithstanding the repeal of the oil and natural gas commission transfer of undertaking and repeal ordinance, ord. 28 of , anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provision of this act.

section 10. of the oil and natural gas commission transfer of undertaking and repeal act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the amount and the manner of paying compensation for any loss or damage caused to the land by the officers and employees of the corporation under subsections 3 and 4 of section 9. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 5., to be deemed to have been granted to corporation. of the oil and natural gas commission transfer of undertaking and repeal act : with effect from the appointed day, all licences, leases, concessions, permits, quotas, benefits, privileges and exemptions granted to the commission in connection with the affairs of the commission under any law for the time being in force, shall be deemed to have been granted to the corporation.

section 6. of the oil and natural gas commission transfer of undertaking and repeal act : 1 where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the commission under the incometax act, 43 of , such exemption, assessment or benefit shall continue to have effect, in relation to the corporation. 2 where any payment made by the commission is exempt from deduction of the tax at source under any provision of the incometax act, 43 of , the exemption from tax will continue to be available as if the provisions of the said act made applicable to the commission were operative in relation to the corporation. 3 the transfer and vesting of the undertaking or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the incometax act, 43 of , for the purpose of capital gains.

section 9. of the oil and natural gas commission transfer of undertaking and repeal act : 1 for the purposes of ascertaining the availability of any oil or natural gas, the central government may, on the request being made by the corporation, authorise any officer or employee of the corporation, by general or special order, a to enter and inspect any land b to survey and take measurements of such land c to dig holes or perform any other functions for the purposes of measuring or prospecting for the availability of oil and natural gas and d to examine any document, book, register or record in the possession or power of any person having the control of or connected with any such land and place marks of identification thereon and take extracts from and make copies of any such document, book, register or record. 2 every person authorised by the central government under subsection 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 3 the corporation shall be liable to pay compensation for any loss or damage caused to the land caused by its officers or employees in performing the functions under subsection 1 in such manner as may be prescribed to the occupier of the land. 4 the amount of compensation payable under subsection 3 shall be determined by the competent authority appointed by the central government in the manner prescribed.

section 11. of the oil and natural gas commission transfer of undertaking and repeal act : 1 on the appointed day, the oil and natural gas commission act, shall stand repealed. 2 notwithstanding such repeal, the corporation shall, so far as may be, comply with the provisions of sections 22 and 23 of the said act so repealed for any of the purposes related to the annual accounts of the commission.

section 8. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 for the transfer, under section 3, of the undertaking of the old company to the central government, there shall be paid by the central government to the custodian an amount of rupees thirty lakhs. 2 the custodian shall open an account in the name of the old company in any scheduled bank and credit the said amount to the said account and hold the said amount in trust for and on behalf of the old company.

The Richardson and Cruddas Limited (Acquisition and Transfer of Undertaking) Act, 1972

section 1. of the richardson and cruddas limited acquisition and transfer of undertaking act : this act may be called the richardson and cruddas limited acquisition and transfer of undertaking act, .

section 2. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 in this act, unless the context otherwise requires, a appointed day means such date1 as the central government may, by notification, appoint b custodian means the person who is appointed, under section 10, as the custodian of the old company c nationalised bank means a corresponding new bank as defined in the banking companies acquisition and transfer of undertakings act, 5 of d new company means the government company, formed and registered under the companies act, 1 of , in pursuance of the provisions of section 9 e notification means a notification published in the official gazette f old company means the richardson and cruddas limited, a company formed and registered under the indian companies act, 7 of and having its registered office in the state of west bengal g prescribed means prescribed by rules made under this act h scheduled bank has the meaning assigned to it in the reserve bank of india act, 2 of , and includes a nationalised bank i share means a share in the capital of the old company j tribunal means the tribunal constituted under section 13. 2 words and expressions used herein and not defined but defined in the companies act, 1 of , have, save as otherwise expressly provided in this act, the meanings respectively assigned to them in that act. 1. 31st march, , vide notification no. g.s.r. 165e, dated 12th march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 7. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 every officer or other employee of the old company except a director or any managerial personnel specified in section 197a of the companies act, 1 of , or any other person entitled to manage the whole or a substantial part of the business of the old company under a special agreement with that company in the employment of the old company immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the affairs of the undertaking of the old company, become, as from the appointed day, an officer or other employee, as the case may be, of the central government and, on the transfer of such undertaking to the new company, of that company, and shall hold his office on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the old company had not been transferred to and vested in the central government or the new company, and continue to do so unless and until his employment in the central government or the new company is duly terminated for until the remuneration, terms or conditions of service are duly altered by the central government or the new company, as the case may be: provided that if the alteration so made is not acceptable to any officer or other employee, his employment shall be terminated on payment to him by the central government or the new company, as the case may be, of an amount equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of other employees: provided further that nothing contained in this subsection shall apply to any officer or other employee who has, by notice in writing given to the central government or the new company, within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the central government or the new company, as the case may be. 2 for the persons, who, immediately before the appointed day, were the trustees for any pension, provident fund, gratuity or other like fund constituted for the officers or other employees of the old company, there shall be substituted as trustees such persons as the central government or the new company may, by general or special order, specify. 3 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee from the old company to the central government or the new company shall not entitle such officer or other employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority.

section 4. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the undertaking of the old company shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the old company in relation to the undertaking, whether within or without india, and all books of account, registers other than register of members and documents relating thereto, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the old company in relation to the undertaking. 2 unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day which relate to the undertaking of the old company, shall be of as full force and effect in favour of the central government, and on the transfer of such undertaking to the new company, of such new company and may be enforced or acted upon as fully and effectively as if they had related to the central government or the new company, as the case may be. 3 a if, on the appointed day, a proceeding instituted by the old company in relation to the undertaking referred to in section 3 is pending, such proceeding may, as from that day, be continued by the central government or, on the transfer of the undertaking to the new company, by the new company. b if, on the appointed day, any cause of action is existing against the old company in relation to the undertaking referred to in section 3, such cause of action may, as from that day, be enforced against the central government or, on the transfer of the undertaking to the new company, against the new company. c save as otherwise provided in clauses a and b, no suit, proceeding or cause of action by or against the old company shall be continued or enforced by or against the central government or the new company

section 10. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the affairs of the old company shall be managed by a custodian to be appointed by the central government in this behalf: provided that the central government may, if the custodian declines to become, or to continue to function as, the custodian or if it is of opinion that it is necessary in the interests of the old company so to do, appoint any other person as the custodian of the old company. 2 the custodian appointed under subsection 1 shall receive, from the funds of the old company, such emoluments as the central government may specify in this behalf. 3 the custodian shall hold office during the pleasure of the central government.

section 6. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the old company shall, within such period as the central government may allow in this behalf, furnish to that government, and the new company, a complete inventory of all the properties and assets including particulars of investments of the old company on the appointed day, all liabilities and obligations of the old company subsisting on that day and also all agreements entered into by the old company and in force on that day including agreements, whether express or implied, relating to leave, pension, gratuity and other terms of service of any officer or other employee of the old company under which, by virtue of this act, the central government has, or will have, or may have, the liabilities and, for this purpose, the central government and the new company shall afford the old company all reasonable facilities. 2 the old company shall, if required by the central government or new company so to do, furnish such returns or information relating to the undertaking referred to in section 3, or, any person employed by the old company for the purpose of such undertaking, as may be specified in such requisition.

section 12., of the old company. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 on the appointment of a custodian, every person holding office, immediately before such appointment, as director or manager of the old company shall, notwithstanding anything contained in any other law for the time being in force or in any decree or order of any court or tribunal, vacate such office. 2 the custodian shall receive the sum referred to in section 8 and shall deal with the said sum for meeting any liability which is incurred by the old company after the appointed day, and the balance, if any, left after meeting the said liability, in accordance with the wishes of the members of the old company, expressed in a general meeting convened by the custodian, and the provisions of the companies act, 1 of , shall, so far as may be, apply to such meeting. 3 the custodian may, if the members of the old company so desire, distribute the balance referred to in subsection 2 amongst such members in accordance with their rights and interests and thereafter apply to the court for the winding up of the old company by the court.

section 3. of the richardson and cruddas limited acquisition and transfer of undertaking act : on the appointed day, the undertaking of the old company shall stand transferred to, and vest in, the central government, and that government shall, immediately thereafter, provide, by notification, for the transfer to, and vesting in, of such undertaking in the new company.

section 5. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 where any property has vested in the central government under section 3, every person in whose possession or custody or under whose control the property may be, shall deliver the property to the central government forthwith. 2 any person who, on the appointed day, has in his possession or under his control any books, documents or other papers relating to the undertaking which has vested in the central government under this act and which belong to the old company, or, would have so belonged if the undertaking of the old company had not vested in the central government, shall be liable to account for the said books, documents or other papers to the central government and, on the transfer of such undertaking to the new company, to that company, and shall deliver them up to the central government or the new company, as the case may be, or to such other person as the central government or the new company may specify in this behalf. 3 the central government may take, or cause to be taken, all necessary steps for securing possession of all properties which have vested in that government under section 3.

section 15. of the richardson and cruddas limited acquisition and transfer of undertaking act : the tribunal shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after hearing such persons as may desire to be heard, determine which of the documents purporting to be shares represent, in reality, a contribution to the capital of the old company, and on such determination, all other documents purporting to be shares shall stand declared to be spurious and shall stand cancelled.

section 11. of the richardson and cruddas limited acquisition and transfer of undertaking act : the custodian shall be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 13. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 for the purpose of rectification of the register of members of the old company, the central government shall, by notification, constitute a tribunal consisting of one person who is or has been a judge of a high court. 2 if, for any reason, a vacancy other than a temporary absence occurs in the office of the presiding officer of the tribunal, the central government shall appoint another person, in accordance with the provisions of this section, to fill the vacancy and the proceedings may be continued before the tribunal from the stage at which the vacancy is filled. 3 the central government shall make available to the tribunal such staff as may be necessary for the discharge of its functions under this act. 4 all expenses incurred in connection with the tribunal shall be defrayed out of the consolidated fund of india. 5 the tribunal shall have power to regulate its own procedure in all matters arising out of the discharge of its functions including the place or places at which it shall hold its sittings: provided that the tribunal shall, as far as practicable, follow the procedure laid down in the code of civil procedure, 5 of , for the investigation of claims and the decision of the tribunal shall be final. 6 the tribunal shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath, b the discovery and production of any document or other material producible as evidence, c the reception of evidence on affidavits, d the requisitioning of any public record from any court or office, e issue of any commission for the examination of witnesses. 7 any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the indian penal code 45 of , and the tribunal shall be deemed to be a civil court for the purpose of section 195 and chapter xxxv of the code of criminal procedure, 5 of .

section 9. of the richardson and cruddas limited acquisition and transfer of undertaking act : for the efficient management and administration of the undertaking which will vest in the central government under section 3, there shall be formed and registered, before the appointed day, a government company, with the name richardson and cruddas limited, in accordance with the provisions of the companies act, 1 of .

section 18. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 on and from the date on which the tribunal is constituted, no suit or other legal proceeding shall be commenced, or if pending at the date of such constitution, shall be proceeded with, against the old company except with the leave of the tribunal and subject to such terms as the tribunal may impose. 2 save as otherwise provided in this act, the tribunal shall have, and no court or other tribunal shall have, jurisdiction to entertain or dispose of a any suit or proceeding by, or on behalf of, or against, the old company b any claim made by, or on behalf of, or against, the old company c any question of priorities and any other question whatsoever, whether of law or of fact, which may relate to, or arise in relation to, the genuineness or otherwise of, any share or in relation to any rights or obligations under such share, whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises before or after the constitution of the tribunal. 3 if, on the appointed day, any suit, appeal or other proceeding of whatever nature by or against the old company in relation to any business of that company is pending in any court, such suit, appeal or other proceeding shall, notwithstanding anything contained in any other law for the time being in force or in any contract, stand transferred to, and shall be disposed of by, the tribunal and thereupon no other court or tribunal shall have jurisdiction to try such suit, appeal or proceeding. explanation.a suit or other proceeding relating to the title to, or claim in or in relation to, any share or any document purporting to be a share shall be deemed to be a suit or other proceeding relating to the business of the old company. 4 nothing in subsection 1 or subsection 3 shall apply to any petition or appeal arising out of any petition made under article 32, article 226 or article 227 of the constitution.

section 14. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the tribunal shall, by notification and in such other manner as may be prescribed, call upon every person, who claims to have any interest in any share, to prefer his claim within thirty days from such date as may be specified in the notification. 2 every person claiming an interest in any share shall make his claim before the tribunal in such form as may be prescribed, stating therein the rights claimed by him in the share and the manner in which, and the date on which, such right was acquired by him. 3 the tribunal may, if it is satisfied that any claimant had sufficient cause for not preferring the claim within thirty days from the date specified in the notification, admit such claim within a further period of thirty days.

section 16. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 no holder of a document purporting to be a share shall be entitled to claim either from the central government or from the old or new company any damages for the cancellation of such document by virtue of the provisions of section 15. 2 subject to the provisions of subsection 1, every person who had acquired a document, purporting to be a share, bona fide for value without notice of the fact that it did not represent any contribution to the capital of the old company, shall be entitled to claim reimbursement from the person from whom such document was acquired by him, and, the period of limitation for any action for such reimbursement shall be deemed to commence on the date on which the document held by him as a share stands cancelled under section 15.

section 17. of the richardson and cruddas limited acquisition and transfer of undertaking act : .1 the tribunal shall have jurisdiction to entertain and dispose of any claim for reimbursement referred to in subsection 2 of section 16. 2 every such claim shall be made before the tribunal within thirty days from the date on which the document purporting to be a share stands cancelled under section 15.

section 20. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the custodian shall reconstruct the register of members of the old company and shall include therein the names of the holders of the shares which have been declared by the tribunal as representing, in reality, a contribution to the capital of the old company and strike off from the register of members of the old company the names of the holders of the documents purporting to be shares which stand, by reason of the determination made by the tribunal under section 15, cancelled. 2 on and from the date of reconstruction of the register of members of the old company, a the register, as so reconstructed, shall be deemed to be the register of members of the old company, and b all registers of members maintained by the old company, immediately before the said date, shall stand cancelled.

section 19. of the richardson and cruddas limited acquisition and transfer of undertaking act : every decision, under this act, of the tribunal shall be final and shall not be called in question in any court except by way of a petition under article 32 or article 226 of the constitution.

section 21. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the custodian shall issue, in such form as may be prescribed, fresh share certificate in relation to the shares which have been declared by the tribunal as representing, in reality, a contribution to the capital of the old company. 2 all share certificates issued by the old company before the date of the determination made by the tribunal shall, on and from such determination, stand cancelled.

section 22. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 nothwithstanding anything contained in the companies act, 1 of , or any other law for the time being in force, no annual or other general meeting of the old company shall be held until the reconstruction of the register of members of the old company has been completed in accordance with the provisions of this act. 2 no resolution purported to have been passed at any meeting of the members of the old company shall, until the reconstruction of its register of members, have effect.

section 23. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 until the register of members of the old company is finally reconstructed, the custodian shall file every year with the registrar, the annual accounts of the old company. 2 the provisions of the companies act, 1 of , shall, as far as may be, apply to the annual accounts referred to in subsection 1.

section 24. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 any person who, a having in his possession, custody or control any property forming part of the undertaking which has vested in the central government under section 3, wrongfully withholds such property from the central government or new company, or b wrongfully obtains possession of any property forming part of such undertaking, or c being required by subsection 2 of section 5 so to do, wilfully withholds or fails to furnish to the central government, new company or any other person specified by that government or the new company, any document which may be in his possession, custody or control, or d wilfully fails to furnish an inventory as required by section 6, or furnishes an inventory containing any particulars which are incorrect or false in material particulars and which he either knows or believes to be false or does not believe to be true, or e being required by the central government or the new company in writing so to do, fails to furnish any return, statement or other information relating to the undertaking of the old company which has vested in the central government under section 3, or f makes a false or frivolous claim before the tribunal with regard to the ownership of, or any right in, any share, or g fails to comply with any order of direction made under this act, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both: provided that the court trying any offence under clause a, clause b or clause c of this subsection may, at the time of convicting the accused person, order him to deliver up or refund, within a period to be fixed by the court, any property or money wrongfully withheld or wrongfully obtained or any document wilfully withheld or not furnished. 2 no court shall take cognizance of an offence punishable under this section except with the previous sanction of the central government or an officer authorised by that government in this behalf.

section 25. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm, means a partner in the firm.

section 26. of the richardson and cruddas limited acquisition and transfer of undertaking act : notwithstanding anything contained in the code of criminal procedure, 5 of , a every offence against this act shall be triable by a magistrate of the first class, and b no offence against this act shall be compoundable.

section 30. of the richardson and cruddas limited acquisition and transfer of undertaking act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act

section 27. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 no suit, prosecution or other legal proceeding shall lie against the custodian in respect of anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or the custodian or the new company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act

section 28., in bad faith may be cancelled or varied. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 if the central government is satisfied, after such inquiry as it thinks fit, that any contract or agreement entered into at any time within twelve months immediately preceding the appointed day, between the old company and any other person has been entered into in bad faith and is detrimental to the interests of the old company or of the new company, it may make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose the contract or agreement and thereafter the contract or agreement shall have effect accordingly: provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. 2 any person aggrieved by an order made under subsection 1 may make an application to the tribunal for the variation or reversal of such order and thereupon the tribunal may confirm, modify or reverse such order

section 31. of the richardson and cruddas limited acquisition and transfer of undertaking act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and manner in which every claim shall be preferred before the tribunal b the form in which fresh shares shall be issued by the custodian c any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 29. of the richardson and cruddas limited acquisition and transfer of undertaking act : if the custodian is of opinion that any contract of employment entered into by or on behalf of the old company at any time before the appointed day is unduly onerous, he may, by giving to the employee one months notice in writing or the salary or wages for one month in lieu thereof, terminate such contract of employment.

section 8. of the geographical indications of goods registration and protection act : 1 a geographical indication may be registered in respect of any or all of the goods, comprised in such class of goods as may be classified by the registrar and in respect of a definite territory of a country, or a region or locality in that territory, as the case may be. 2 the registrar shall classify the goods under subsection 1, as far as may be, in accordance with the international classification of goods for the purposes of registration of geographical indications. 3 the registrar may publish in the prescribed manner an alphabetical index of classification of goods referred to in subsection 2. 4 any question arising as to the class within which any goods fall or the definite area as referred to in subsection 1 in respect of which the geographical indication is to be registered or where any goods are not specified in the alphabetical index of goods published under subsection 3 shall be determined by the registrar whose decision in the matter shall be final.

The Geographical Indications of Goods (Registration and Protection) Act, 1999

section 1. of the geographical indications of goods registration and protection act : 1 this act may be called the geographical indications of goods registration and protection act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 15th september, , vide notification no. s.o. e, dated 15th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the geographical indications of goods registration and protection act : 1 in this act, unless the context otherwise requires, 1 b authorised user means the authorised user of a geographical indication registered under section 17 c deceptively similar a geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion d district court has the meaning assigned to it in the code of civil procedure, 5 of e geographical indication, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. explanation.for the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be f goods means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff g indication includes any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies h name includes any abbreviation of a name i package includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork j prescribed means prescribed by rules made under this act k producer, in relation to goods, means any person who, i if such goods are agricultural goods, produces the goods and includes the person who processes or packages such goods ii if such goods are natural goods, exploits the goods iii if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods l register means the register of geographical indications referred to in section 6 m registered with its grammatical variations means registered under this act n registered proprietor, in relation to a geographical indication, means any association of persons or of producers or any organisation for the time being entered in the register as proprietor of the geographical indication o registrar means the registrar of geographical indications referred to in section 3 2 2 words and expressions used and not defined in this act but defined in the trade marks act, 47 of shall have the meanings respectively assigned to them in that act. 3 in this act, unless the context otherwise requires, any reference a to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication b to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods c to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register d to the registrar shall be construed as including a reference to any officer when discharging the functions of the registrar in pursuance of subsection 2 of section 3 e to the geographical indications registry shall be construed as including a reference to any office of the geographical indications registry. 1. clause a omitted by act 33 of , s. 22 w.e.f. . 2. .clause p omitted by act 33 of , s. 22 w.e.f. .

section 7. of the geographical indications of goods registration and protection act : 1 the register referred to in section 6 shall be divided into two parts called respectively part a and part b. 2 the particulars relating to the registration of the geographical indications shall be incorporated and form part a of the register in the prescribed manner. 3 the particulars relating to the registration of the authorised users shall be incorporated and form part of part b of the register in the prescribed manner.

section 4. of the geographical indications of goods registration and protection act : without prejudice to the generality of the provisions of subsection 2 of section 3, the registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said subsection 2 and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

section 9. of the geographical indications of goods registration and protection act : a geographical indication a the use of which would be likely to deceive or cause confusion or b the use of which would be contrary to any law for the time being in force or c which comprises or contains scandalous or obscene matter or d which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of india or e which would otherwise be disentitled to protection in a court or f which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country or g which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, shall not be registered as a geographical indication. explanation 1.for the purposes of this section, generic names or indications, in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods. explanation 2.in determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.

section 3. of the geographical indications of goods registration and protection act : 1 the controllergeneral of patents, designs and trade marks appointed under subsection 1 of section 3 of the trade marks act, , shall be the registrar of geographical indications. 2 the central government may appoint such officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the registrar, such functions of the registrar under this act, as he may from time to time authorise them to discharge.

section 6. of the geographical indications of goods registration and protection act : for the purposes of this act, a record called the register of geographical indications shall be kept at the head office of the geographical indications registry, wherein shall be entered all registered geographical indications with the names, addresses and descriptions of the proprietors, the names , addresses and descriptions of authorised users and such other matters relating to registered geographical indications as may be prescribed and such registers may be maintained wholly or partly on computer. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the registrar to keep the records wholly or partly in computer floppies or diskettes or in any other electronic form, subject to such safeguards as may be prescribed. 3 where such register is maintained wholly or partly in computer floppies or diskettes or in any other electronic form under subsection 2, any reference in this act to any entry in the register shall be construed as the reference to the entry as maintained on computer floppies or diskettes or in any other electronic form, as the case may be. 4 no notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the registrar. 5 subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the registrar. 6 there shall be kept at each branch office of the geographical indications registry a copy of the register and such other documents mentioned in section 78 as the central government may, by notification in the official gazette, direct.

section 5. of the geographical indications of goods registration and protection act : 1 for the purpose of this act, there shall be established a registry which shall be known as the geographical indications registry. 2 the head office of the geographical indications registry shall be at such place as the central government may, by notification in the official gazette, specify, and for the purpose of facilitating the registrations of geographical indications, there may be established at such places as the central government may think fit branch offices of the geographical indications registry. 3 the central government may, by notification in the official gazette, define the territorial limits within which an office of the geographical indications registry may exercise its functions. 4 there shall be a seal of the geographical indications registry.

section 10. of the geographical indications of goods registration and protection act : subject to the provisions of section 7, a homonymous geographical indication may be registered under this act, if the registrar is satisfied, after considering the practical conditions under which the homonymous indication in question shall be differentiated from other homonymous indications and the need to ensure equitable treatment of the producers of the goods concerned, that the consumers of such goods shall not be confused or misled in consequence of such registration.

section 17. of the geographical indications of goods registration and protection act : 1 any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 16 may apply in writing to the registrar in the prescribed manner for registering him as an authorised user of such geographical indication. 2 the application under subsection 1 shall be accompanied by a statement and such documents of facts as may be prescribed and required by the registrar to determine as to whether such person is the producer of the goods referred to in that subsection and such fee as may be prescribed. 3 the provisions of this chapter relating to a the filing and examination of the application b the refusal and acceptance of registration c withdrawal of acceptance of application d advertisement of application e opposition to registration f correction or error in an amendment of the application and g registration, shall apply in respect of the application and registration of authorised users referred to in subsection 1 in the same manner as they apply for the application for registration and registration of the geographical indication.

section 12. of the geographical indications of goods registration and protection act : where, after the acceptance of an application for registration of a geographical indication but before its registration, the registrar is satisfied, a that the application has been accepted in error, or b that in the circumstances of the case the geographical indication should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

section 11. of the geographical indications of goods registration and protection act : 1 any association of persons or producers or any organisation or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering a geographical indication in relation to such goods shall apply in writing to the registrar in such form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication. 2 the application under subsection 1 shall contain a a statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, as the case may be, in respect of specific quality, reputation or other characteristics of which are due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place in such territory, region or locality, as the case may be b the class of goods to which the geographical indication shall apply c the geographical map of the territory of the country or region or locality in the country in which the goods orginate or are being manufactured d the particulars regarding the appearance of the geographical indication as to whether it is comprised of the words or figurative elements or both e a statement containing such particulars of the producers of the concerned goods, if any, proposed to be initially registered with the registration of the geographical indication as may be prescribed and f such other particulars as may be prescribed. 3 a single application may be made for registration of a geographical indication for different classes of goods and fee payable therefor shall be in respect of each such class of goods. 4 every application under subsection 1 shall be filed in the office of the geographical indications registry within whose territorial limits, the territory of the country or the region or locality in the country to which the geographical indication relates is situated: provided that where such territory, region or locality, as the case may be, is not situated in india, the application shall be filed in the office of the geographical indications registry within whose territorial limits the place mentioned in the address for services in india as disclosed in the application, is situated. 5 every applications under subsection 1 shall be examined by the registrar in such manner as may be prescribed. 6 subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modification, conditions or limitations, if any, as he thinks fit. 7 in the case of refusal or conditional acceptance of application, the registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

section 13. of the geographical indications of goods registration and protection act : 1 when an application for registration of a geographical indication has been accepted, whether absolutely or subject to conditions or limitations, the registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in such manner as may be prescribed. 2 where after advertisement of an application a an error in the application has been corrected or b the application has been permitted to be amended under section 15, the registrar may, in his discretion cause the application to be advertised again or instead of causing the application to be advertised again, notify in the prescribed manner, the correction made in the application.

section 14. of the geographical indications of goods registration and protection act : 1 any person may, within three months from the date of advertisement or readvertisement of an application for registration or within such further period, not exceeding one month, in the aggregate, as the registrar, on application made to him in such manner and on payment of such fee as may be prescribed allows, give notice in writing in the prescribed manner to the registrar, of opposition to the registration. 2 the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall sent to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application. 3 if the applicant sends such counterstatement, the registrar shall serve a copy thereof on the person giving notice of opposition. 4 any evidence upon which the opponent and the applicant may rely shall be submitted in such manner and within the such time as may be prescribed to the registrar, and the registrar shall give an opportunity to them to be heard, if they so desire. 5 the registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not. 6 where a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceeding before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned. 7 the registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counterstatement on such terms as he thinks just.

section 15. of the geographical indications of goods registration and protection act : the registrar may, on such terms, as he thinks just, at any time, whether before or after acceptance of an application for registration under section 11, permit the correction of any error or in connection with the application or permit an amendment of the application: provided that if an amendment is made to a single application referred to in subsection 3 of section 11 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided.

section 18. of the geographical indications of goods registration and protection act : 1 the registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section. 2 the registration of an authorised user shall be for a period of ten years or for the period till the date on which the registration of the geographical indication in respect of which the authorised user is registered expires, whichever is earlier. 3 the registrar shall, on application made in the prescribed manner, by the registered proprietor or by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, renew the registration of the geographical indication or authorised user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be which date is in this section referred to as the expiration of the last registration. 4 at the prescribed time before the expiration of the last registration of a geographical indication or the authorised user, as the case may be, the registrar shall send notice in the prescribed manner to the registered proprietor or the authorised user, as the case may be, of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied with, the registrar may remove the geographical indication or the authorised user, as the case may be, from the register: provided that the registrar shall not remove the geographical indication or the authorised user, as the case may be, from the register, if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, and shall renew the registration of geographical indication or the authorised user, as the case may be, for a period of ten years under subsection 3. 5 where a geographical indication or authorised user, as the case may be, has been removed from the register for nonpayment of the prescribed fee, the registrar shall, after six months and within one year from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may be, to the register and renew registration of the geographical indication or authorised user, as the case may be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten years from the expiration of the last registration.

section 16. of the geographical indications of goods registration and protection act : 1 subject to the provisions of section 12, when an application for registration of a geographical indication has been accepted and either a the application has not been opposed and the time for notice of opposition has expired or b the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall, unless the central government otherwise directs, register the said geographical indication and the authorised users, if any, mentioned in the application and the geographical indication and the authorised users when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 84, be deemed to be the date of registration. 2 on the registration of a geographical indication, the registrar shall issue each to the applicant and the authorised users, if registered with the geographical indication, a certificate in such form as may be prescribed of the registration thereof, sealed with the seal of the geographical indications registry. 3 where registration of a geographical indication is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. 4 the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.

section 21. of the geographical indications of goods registration and protection act : 1 subject to the other provisions of this act, the registration of a geographical indication shall, if valid, give, a to the registered proprietor of the geographical indication and the authorised user or users thereof the right to obtain relief in respect of infringement of the geographical indication in the manner provided by this act b to the authorised user thereof the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered. 2 the exclusive right to the use of a geographical indication given under clause b of subsection 1 shall be subject to any condition and limitation to which the registration is subject. 3 where two or more persons are authorised users of geographical indications, which are identical with or nearly resemble each other, the exclusive right to the use of any of those geographical indications shall not except so far as their respective rights are subject to any conditions or limitations entered on the register be deemed to have been acquired by anyone of those persons as against any other of those persons merely by registration of the geographical indications, but each of those persons has otherwise the same rights as against other persons as he would have if he were the sole authorised user.

section 19. of the geographical indications of goods registration and protection act : where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, next after the date of removal, be deemed to be a geographical indication already on the register, unless the 1registrar or the high court, as the case may be, is satisfied either a that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal or b that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed. 1. subs. by act 33 of , s. 22, for tribunal w.e.f. .

section 20. of the geographical indications of goods registration and protection act : 1 no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered geographical indication. 2 nothing in this act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof.

section 26. of the geographical indications of goods registration and protection act : 1 where a trade mark contains or consists of a geographical indication and has been applied for or registered in good faith under the law relating to trade marks for the time being in force, or where rights to such trade mark have been acquired through use in good faith either a before the commencement of this act or b before the date of filing the application for registration of such geographical indication under this act, nothing contained in this act shall prejudice the registrability or the validity of the registration of such trade mark under the law relating to the trade marks for the time being in force, or the right to use such trade mark, on the ground that such trade mark is identical with or similar to such geographical indication. 2 nothing contained in this act shall apply in respect of a geographical indication with respect to goods or class or classes of goods for which such geographical indication is identical with the term customary in common language as the common name of such goods in any part of india on or before the 1st day of january, . 3 nothing contained in this act shall in any way prejudice the right of any person to use, in the course of trade, that persons name or the name of that persons predecessor in business, except where such name is used in such a manner as to confuse or mislead the people. 4 notwithstanding anything contained in the trade marks act, 47 of or in this act, no action in connection with the use or registration of a trade mark shall be taken after the expiry of five years from the date on which such use or registration infringes any geographical indication registered under this act has become known to the registered proprietor or authorised user registered in respect of such geographical indication under this act or after the date of registration of the trade mark under the said trade marks act subject to the condition that the trade mark has been published under the provisions of the said trade marks act, or the rules made thereunder by that date, if such date is earlier than the date on which such infringement became known to such proprietor or authorised user and such geographical indication is not used or registered in bad faith.

section 27. of the geographical indications of goods registration and protection act : 1 on application made in the prescribed manner to the 1high court or to the registrar by any person aggrieved, the 2registrar or the high court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a geographical indication or authorised user on the ground of any contravention, or failure to observe the condition entered on the register in relation thereto. 2 any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the 1high court or to the registrar, and the 2registrar or the high court, as the case may be, may make such order for making, expunging or varying the entry as it may think fit. 3 the 2registrar or the high court, as the case may be, may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. 4 the 2registrar or the high court, as the case may be,, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in subsection 1 or subsection 2. 5 any order of the 1high court rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly. 1.subs. by act 33 of , s. 22, for appellate board w.e.f. . 2. subs. by s. 22. ibid., for tribunal w.e.f. .

section 23. of the geographical indications of goods registration and protection act : 1 in all legal proceedings relating to a geographical indication, the certificate of registration granted in this regard by the registrar under this act, being a copy of the entry in the register under the seal of the geographical indications registry, shall be prima facie evidence of the validity thereof and be admissible in all courts and 1before whom without further proof or production of the original. 2 nothing in this section shall be deemed to be affect the right of action in respect of an unregistered geographical indication. 1. subs. by act 33 of , s. 22, for and before the appellate board w.e.f. .

section 24. of the geographical indications of goods registration and protection act : notwithstanding anything contained in any law for the time being in force, any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement: provided that on the death of an authorised user his right in a registered geographical indication shall devolve on his successor in title under the law for the time being in force.

section 28. of the geographical indications of goods registration and protection act : the registrar may, on application made in the prescribed manner by the registered proprietor or the authorised user, a correct any error in the name, address or description of the registered proprietor or the authorised user, as the case may be, of a geographical indication, or any other entry relating to the geographical indication on the register b enter any change in the name, address or description of the association of persons or of producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a geographical indication on the register c cancel the entry of a geographical indication on the register d strike out any goods or class or classes of goods from those in respect of which a geographical indication is registered from the register, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.

section 22. of the geographical indications of goods registration and protection act : 1 a registered geographical indication is infringed by a person who, not being an authorised user thereof, a uses such geographical indication by any means in the designations or presentation of goods that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which misleads the persons as to the geographical origin of such goods or b uses any geographical indication in such manner which constitutes an act of unfair competition including passing off in respect of registered geographical indication. explanation 1.for the purposes of this clause, act of unfair competition means any act of competition contrary to honest practices in industrial or commercial matters. explanation 2.for the removal of doubts, it is hereby clarified that the following acts shall be deemed to be acts of unfair competition, namely: i all acts of such a nature as to create confusion by any means whatsoever with the establishment, the goods or the industrial or commercial activities, of a competitor ii false allegations in the course of trade of such a nature as to discredit the establishment, the goods or the industrial or commercial activities, of a competitor iii geographical indications, the use of which in the course of trade is liable to mislead the persons as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods c uses another geographical indication to the goods which, although literally true as to the territory, region or locality in which the goods originate, falsely represents to the persons that the goods originate in the territory, region or locality in respect of which such registered geographical indication relates. 2 the central government may, if it thinks necessary so to do for providing additional protection to certain goods or classes of goods under subsection 3, by notification in the official gazette, specify such goods or class or classes of goods, for the purposes of such protection. 3 any person who is not an authorised user of a geographical indication registered under this act in respect of the goods or any class or classes of goods notified under subsection 2, uses any other geographical indication to such goods or class or classes of goods not originating in the place indicated by such other geographical indication or uses such other geographical indication to such goods or class or classes of goods even indicating the true origin of such goods or uses such other geographical indication to such goods or class or classes of goods in translation of the true place of origin or accompanied by expression such as kind, style, imitation or the like expression, shall infringe such registered geographical indication. 4 notwithstanding anything contained in this section, where the goods in respect of which a geographical indication has been registered are lawfully acquired by a person other than the authorised user of such geographical indication, further dealings in those goods by such person including processing or packaging, shall not constitute an infringement of such geographical indication, except where the condition of goods is impaired after they have been put in the market.

section 25. of the geographical indications of goods registration and protection act : notwithstanding anything contained in the trade marks act, 47 of , the registrar of trade marks referred to in section 3 of that act, shall, suo motu or at the request of an interested party, refuse or invalidate the registration of a trade mark which a contains or consists of a geographical indication with respect to the goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if use of such geographical indications in the trade mark for such goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods b contains or consists of a geographical indication identifying goods or class or classes of goods notified under subsection 2 of section 22.

section 29. of the geographical indications of goods registration and protection act : 1 the registered proprietor of a geographical indication may apply in the prescribed manner to the registrar for leave to add to or alter the geographical indication in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit. 2 the registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the registrar in the prescribed manner of the opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter. 3 where leave is granted under this section, the geographical indication as altered shall be advertised in the prescribed manner, unless the application has already been advertised under subsection 2.

section 30. of the geographical indications of goods registration and protection act : 1 the registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods to those in respect of which a geographical indication is registered whether in one or more classes immediately before the amendment is to be made or antedating the registration of a geographical indication in respect of any goods: provided that this subsection, shall not apply when the registrar is satisfied that compliance therewith would involve complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person. 2 a proposal so to amend the register shall be brought to the notice of the registered proprietor and every authorised user of the geographical indication affected and advertised in the prescribed manner, and may be opposed before the registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of subsection 1.

section 31. of the geographical indications of goods registration and protection act : 1 any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder, may prefer an appeal to the 1high court within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal. 2 no appeal shall be admitted if it is preferred after the expiry of the period specified under subsection 1: provided that an appeal may be admitted after the expiry of the period specified therefore, if the appellant satisfies the 1high court that he had sufficient cause for not preferring the appeal within the specified period. 2 1.subs. by s. 22, ibid., for appellate board w.e.f. . 2.subsection 3 omitted by act 33 of , s. 22 w.e.f. .

section 36. of the geographical indications of goods registration and protection act : omitted by the tribunal reforms act 33 of , s. 22 w.e.f. .

section 32. of the geographical indications of goods registration and protection act : omitted by the tribunals reforms act, 33 of , s. 22 w.e.f. .

section 37. of the geographical indications of goods registration and protection act : 1 a person shall be deemed to apply a geographical indication to goods who a applies it to the goods themselves or b applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture or c places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a geographical indication has been applied or d uses a geographical indication in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that geographical indication or e in relation to the goods uses a geographical indication in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial documents and goods are delivered to a person in pursuance of a request or order made by reference to the geographical indication as so used. 2 a geographical indication shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

section 33. of the geographical indications of goods registration and protection act : omitted by s. 22, ibid. w.e.f. .

section 34., before high court. of the geographical indications of goods registration and protection act : 1 an application for rectification of the register made to the 1high court under section 27 shall be in such form as may be prescribed. 2 a certified copy of every order or judgment of the 1high court relating to a registered geographical indication under this act shall be communicated to the registrar by the 1high court and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order. 1.subs. by s. 22, ibid., for appellate board w.e.f. .

section 35. of the geographical indications of goods registration and protection act : 1 the registrar shall have the right to appear and be heard a in any legal proceedings before the 1high court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the geographical indications registry is raised b in any appeal to the board from an order of the registrar on an application for registration of a geographical indication or authorised user i which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or ii which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board. 2 unless the 1high court otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the geographical indications registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding. 1.subs. by s. 22, ibid., for appellate board w.e.f.

section 39. of the geographical indications of goods registration and protection act : any person who, a falsifies any geographical indication or b falsely applies to goods any geographical indication or c makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a geographical indication or d applies to any goods to which an indication of the country or place in which they were made or produced or the name and the address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 71, a false indication of such country, place, name or address or e tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 71 or f causes any of the things abovementioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

section 38. of the geographical indications of goods registration and protection act : 1 a person shall be deemed to falsify a geographical indication who, either, a without the assent of the authorised user of the geographical indication makes that geographical indication or deceptively similar geographical indication or b falsifies any genuine geographical indication, whether by alteration, addition, effacement or otherwise. 2 a person shall be deemed to falsely apply to goods a geographical indication who, without the assent of the authorised user of the geographical indication, a applies such geographical indication or a deceptively similar geographical indication to goods or any package containing goods b uses any package bearing a geographical indication which is identical with or deceptively similar to the geographical indication of such authorised user, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the authorised user of the geographical indication. 3 any geographical indication falsified as mentioned in subsection 1 or falsely applied as mentioned in subsection 2, is in this act referred to as a false geographical indication. 4 in any prosecution for falsifying a geographical indication or falsely applying a geographical indication to goods, the burden of proving the assent of proprietor shall lie on the accused.

section 41. of the geographical indications of goods registration and protection act : whoever having already been convicted of an offence under section 39 or section 40 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reason to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this act.

section 44. of the geographical indications of goods registration and protection act : if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

section 40. of the geographical indications of goods registration and protection act : any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things to which any false geographical indication is applied or which, being required under section 71 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or without the indications so required, shall, unless he proves, a that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the geographical indication or that any offence had been committed in respect of the goods or b that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or c that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

section 42. of the geographical indications of goods registration and protection act : 1 no person shall make any representation a with respect to a geographical indication, not being a registered geographical indication, to the effect that it is a registered geographical indication or b to the effect that a registered geographical indication is registered in respect of any goods in respect of which it is not in fact registered or c to the effect that registration of a geographical indication gives an exclusive right to the use thereof in any circumstances in which having regard to limitation entered on the register, the registration does not in fact give that right. 2 if any person contravenes any of the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 3 for the purposes of this section the use in india in relation to a geographical indication of the words registered geographical indication or any other expression, symbol or sign like r.g.i. referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except a where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference to registration as a geographical indication under the law of a country outside india being a country under the law of which the registration referred to is in fact in force or b where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause a or c where that word is used in relation to a geographical indication registered under the law of a country outside india and in relation solely to goods to be exported to that country for use in that country.

section 43. of the geographical indications of goods registration and protection act : if any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the geographical indications registry, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

section 46. of the geographical indications of goods registration and protection act : 1 where a person is convicted of an offence under section 39 or section 40 or section 41 or is acquitted of an offence under section 39 or section 40 on proof that he acted without intend or defraud, or under section 40 on proof of the matters specified in clause a or clause b or clause c of that section, the court convicting or acquitting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed. 2 when a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also. 3 when, a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appealable cases appeal lie from sentences of the court which directed the forfeiture. 4 when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

section 45. of the geographical indications of goods registration and protection act : the provisions of sections 39, 40 and 41 shall in relation to a registered geographical indication or authorised user of such geographical indication, be subject to the rights created or recognised by this act and no act or omission shall be deemed to be an offence under the aforesaid sections if, a the alleged offence relates to a registered geographical indication and the act or omission is permitted under this act and b the alleged offence relates to a registered geographical indication and the act or omission is permitted under any other law for the time being in force.

section 47. of the geographical indications of goods registration and protection act : where a person accused of an offence under section 39 proves, a that in the ordinary course of his business he is employed on behalf of other persons to apply geographical indications, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, geographical indications b that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission depend on the sale of such goods c that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the geographical indication and d that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the geographical indication was applied, he shall be acquitted.

section 48. of the geographical indications of goods registration and protection act : 1 where the offence charged under section 39 or section 40 or section 41 is in relation to a registered geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed: a if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the 1high court under this act, for the rectification of the register on the ground that the registration is invalid b if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification c if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the 1high court for rectification of the register, the court shall proceed with the case as if the registration were valid. 2 where before the institution of a complaint of an offence referred to in subsection 1, any application for the rectification of the register concerning the geographical indication in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the 2registrar or the high court, as the case may be, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his geographical indication. 1.subs. by act 33 of , s. 22, for appellate board w.e.f. . 2. subs. by s. 22, ibid., for tribunal w.e.f. .

section 50. of the geographical indications of goods registration and protection act : 1 no court shall take cognizance of an offence under section 42 or section 43 or section 44 except on complaint in writing made by the registrar or any officer authorised by him in writing: provided that in relation to clause b of subsection 1 of section 42, a court shall take a cognizance of an offence on the basis of a certificate issued by the registrar to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered. 2 no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try an offence under this act. 3 the offences under section 39 or section 40 or section 41 shall be cognizable. 4 any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in subsection 3 has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the judicial magistrate of the first class or metropolitan magistrate, as the case may be: provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained. 5 any person having an interest in any article seized under subsection 4, may, within fifteen days of such seizure, make an application to the judicial magistrate of the first class or metropolitan magistrate, as the case may be, for such article being restored to him and the magistrate, after hearing the application and the prosecution, shall make such order on the application as he may deem fit.

section 54. of the geographical indications of goods registration and protection act : if any person, being within india, abets the commission, without india, of any act which, if committed in india, would, under this act, be an offence, he may be tried for such abetement in any place in india in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.

section 49. of the geographical indications of goods registration and protection act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 52. of the geographical indications of goods registration and protection act : no prosecution for an offence under this act shall be commenced after the expiration of three years next after the commission of the offence charged or two years after the discovery thereof by the prosecutor, whichever expiration first happens.

section 55. of the geographical indications of goods registration and protection act : no suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 51. of the geographical indications of goods registration and protection act : in any prosecution under this act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deemed reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine.

section 58. of the geographical indications of goods registration and protection act : 1 where in a suit for infringement of a registered geographical indication the validity of the registration of the geographical indication relating to plaintiff is questioned by the defendant or where in any such suit the plaintiff questions the validity of the registration of the geographical indication relating to defendant, the issue as to the validity of the registration of the geographical indication concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 27, such application shall be made to the 1high court and not to the registrar. 2 subject to the provisions of subsection 1, where an application for rectification of the register is made to the registrar under section 27, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the 1high court. 1. subs. by act 33 of , s. 22, for appellate board w.e.f. .

section 53. of the geographical indications of goods registration and protection act : an officer of the government whose duty it is to take part in the enforcement of the provisions of this chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this act.

section 56. of the geographical indications of goods registration and protection act : every person appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 57. of the geographical indications of goods registration and protection act : 1 where in any suit for infringement of a geographical indication the defendant pleads that registration of the geographical indication relating to plaintiff is invalid, the court trying the suit hereinafter referred to as the court, shall, a if any proceedings for rectification of the register to the geographical indication relating to plaintiff or defendant are pending before the registrar or the 1high court, stay the suit pending the final disposal of such proceedings b if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the geographical indication relating to plaintiff or defendant is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the 1high court for rectification of the register. 2 if the party concerned proves to the court that he has made any such application as is referred to in clause b of subsection 1 within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings. 3 if no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the geographical indication concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. 4 the final order made in any rectification proceedings referred to in subsection 1 or subsection 2 shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the geographical indication. 5 the stay of a suit for the infringement of a geographical indication under this section shall not preclude the court from making any interlocutory order including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property, during the period of the stay of the suit. 1. subs. by act 33 of , s. 22, for appellate board w.e.f. .

section 60. of the geographical indications of goods registration and protection act : in all proceedings under this act before the registrar, a the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses b the registrar may, subject to any rules made in this behalf under section 87, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court c the registrar may, on an application made in the prescribed manner, review his own decision.

section 62. of the geographical indications of goods registration and protection act : in any proceeding under this act before the registrar, evidence shall be given by affidavit: provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit

section 59. of the geographical indications of goods registration and protection act : where a geographical indication has been applied to the goods on sale or in the contract for sale of any goods, the seller shall be deemed to warrant that the geographical indication is a genuine geographical indication and not falsely applied, unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods on contract to and accepted by the buyer.

section 64. of the geographical indications of goods registration and protection act : 1 if the registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act not being a time expressly provided in the act, whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly. 2 nothing in subsection 1 shall be deemed to require the registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the registrar under this section.

section 65. of the geographical indications of goods registration and protection act : where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act, the registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.

section 61. of the geographical indications of goods registration and protection act : subject to the provisions of section 64, the registrar shall not exercise any discretionary or other power vested in him by this act or the rules made thereunder adversely to a person applying for the exercise of that power without if so required by that person within the prescribed time giving to the person an opportunity of being heard.

section 67. of the geographical indications of goods registration and protection act : 1 the relief which a court may grant in any suit for infringement or for passing off referred to in section 66 includes injunction subject to such terms, if any, as the court thinks fit and at the option of the plaintiff, either damages or account of profits, together with or without any order for the deliveryup of the infringing labels and indications for destruction or erasure. 2 the order of injunction under subsection 1 may include an ex parte injunction or any interlocutory order for any of the following matters, namely: a for discovery of documents b preserving of infringing goods, documents or other evidence which are related to the subjectmatter of the suit c restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiffs ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. 3 notwithstanding anything contained in subsection 1, the court shall not grant relief by way of damages other than nominal damages on account of profits in any case a where in a suit for infringement the defendant satisfies the court i that at the time he commenced to use the geographical indication complained of in the suit he was unaware and had no reasonable ground for believing that the geographical indication of the plaintiff was on the register and ii that when he became aware of the existence and nature of the plaintiffs right in the geographical indication, he forthwith ceased to use the geographical indication in relation to good in respect of which it was registered or b where in a suit for passing off, the defendant satisfies the court i that at the time he commenced to use the geographical indication complained of in the suit he was unaware and had no reasonable ground for believing that the geographical indication relating to the plaintiff was in use and ii that when he became aware of the existence and nature of the geographical indication relating to the plaintiff he forthwith ceased to use the geographical indication complained of.

section 63. of the geographical indications of goods registration and protection act : if a person who is a party to a proceeding under this act not being a proceeding before 1 a court dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. 1.the words the appellate board or omitted by act 33 of , s. 22 w.e.f. .

section 66., to be instituted before district court. of the geographical indications of goods registration and protection act : 1 no suit, a for the infringement of a registered geographical indication or b relating to any right in a registered geographical indication or c for passing of arising out of the use by the defendant of any geographical indication which is indentical on with or deceptively similar to the geographical indication relating to the plaintiff, whether registered or unregistered, shall be instituted in any court inferior to a district court having jurisdiction to try the suit. 2 for the purpose of clauses a and b of subsection 1, a district court having jurisdiction shall, notwithstanding anything contained in the code of civil procedure, 5 of , or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. explanation.for the purposes of subsection 2, person includes the registered proprietor and the authorised user.

section 74. of the geographical indications of goods registration and protection act : an address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.

section 68. of the geographical indications of goods registration and protection act : 1 in every proceeding under chapter vi or under section 31, every authorised user of a geographical indication to which such proceeding relate, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding. 2 notwithstanding anything contained in any other law, an authorised user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.

section 75., to be taken into consideration. of the geographical indications of goods registration and protection act : in any proceeding relating to a geographical indication, the 1registrar or the high court, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other persons. 1.subs. by act 33 of , s. 22, for tribunal w.e.f. .

section 70. of the geographical indications of goods registration and protection act : the registrar or any officer of the geographical indications registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.

section 69., and things done by the registrar. of the geographical indications of goods registration and protection act : 1 a copy of any entry in the register or of any document referred to in subsection 1 of section 78 purporting to be certified by the registrar and sealed with the seal of the geographical indications registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. 2 a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.

section 72. of the geographical indications of goods registration and protection act : if in any legal proceedings for rectification of the register before the 1high court a decision is on contest given in favour of the registered proprietor or, as the case may be, authorised user of the geographical indication on the issue as to the validity of the registration of the geographical indication or the authorised user, the 1high court may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor or the authorised user, as the case may be, on obtaining a final order or judgment in his favour affirming validity of the registration of the geographical indication or the authorised user, as the case may be, shall unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client. 1.subs. by act 33 of , s. 22, for appellate board w.e.f. .

section 71. of the geographical indications of goods registration and protection act : 1 the central government may, by notification in the official gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of india and imported into india, or, which are made or produced within the limits of india, shall, from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured. 2 the notification may specify the manner in which such indication shall be applied, that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both. 3 no notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the central government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the central government may consider necessary. 4 the provisions of section 23 of the general clauses act, 10 of shall apply to the issue of a notification under this section as they apply to the making of a rule or byelaw the making of which is subject to the condition of previous publication. 5 a notification under this section shall not apply to goods made or produced beyond the limits of india and imported into india, if in respect of those goods, the commissioner of customs is satisfied at the time of importation that they are intended for exportation whether after transhipment in or transit through india or otherwise.

section 73. of the geographical indications of goods registration and protection act : 1 where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a geographical indication which is registered, or alleged by the firstmentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the authorised user of the geographical indication, bring a suit against the firstmentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages if any as he has sustained, unless the firstmentioned person satisfies the court that the geographical indication is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the geographical indication. 2 the last preceding subsection does not apply if the registered proprietor of the geographical indication or an authorised user thereof with due diligence commences and prosecutes an action against the person threatened for infringement of the geographical indication. 3 nothing in this section shall render a legal practitioner or a registered geographical indications agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. 4 a suit under subsection 1 shall not be instituted in any court inferior to a district court.

section 76. of the geographical indications of goods registration and protection act : where, by or under this act, any act, other than the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is, a a legal practitioner, or b a person registered in the prescribed manner as a geographical indications agent, or c a person in the sole and regular employment of the principal.

section 77. of the geographical indications of goods registration and protection act : there shall be kept under the directions and supervision of the registrar, a an index of registered geographical indications, b an index of geographical indications in respect of which applications for registration are pending, c an index of the names of the proprietors of registered geographical indications, and d an index of the names of authorised users.

section 78. of the geographical indications of goods registration and protection act : 1 the following documents, subject to such conditions as may be prescribed, be open to public inspection at the geographical indications registry, namely: a the register and any document upon which any entry in the register is based b every notice of opposition to the registration of a geographical indication, application for rectification before the registrar, counterstatement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar c the indexes mentioned in section 77 and d such other documents as the central government may, by notification in the official gazette, specify: provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer. 2 any person may, on an application to the registrar and on payment of such fee as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in subsection 1.

section 83. of the geographical indications of goods registration and protection act : the provisions of this act shall be binding on the government.

section 81. of the geographical indications of goods registration and protection act : nothing in chapter viii shall a exempt any person from any suit or other proceeding which might, but for anything in that chapter, be brought against him, or b be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.

section 84. of the geographical indications of goods registration and protection act : 1 with a view to the fulfilment of a treaty, convention or arrangement with any country or a country which is a member of a group of countries or union of countries or intergovernmental organisations outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, declare such country or group of countries or union of countries or intergovernmental organisations to be a convention country or convention countries for the purposes of this act. 2 nothing contained in this act or the trade marks act, 47 of shall prevent a continued and similar use of geographical indication relating to a country or a country which is a member of a group of countries or union of countries or any intergovernmental organisations, as the case may be, notified under subsection 1 identifying wines or spirits in connection with goods by any citizen or domiciliary of such country who has used that geographical indication in continuous manner with regard to such goods or any goods relating to such goods, as the case may be, in any part of the territory of that country either a for at least ten years preceding the 15th day of april, or b in good faith preceding the date referred to in clause a.

section 79. of the geographical indications of goods registration and protection act : the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under this act.

section 80. of the geographical indications of goods registration and protection act : 1 there shall be paid in respect of applications and registrations and other matters under this act such fees and surcharge as may be prescribed by the central government. 2 where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid. 3 where a fee is payable in respect of the filing of a document at the geographical indications registry, the document shall be deemed not to have been filed at the registry until the fee has been paid.

section 85. of the geographical indications of goods registration and protection act : where any country or a country which is a member of a group of countries or union of countries or any intergovernmental organisation specified by the central government in this behalf by notification in the official gazette does not accord to citizens of india the same rights in respect of the registration and protection of geographical indications as it accords to its own nationals, no nationals of such country or a country which is a member of a group of countries or union or countries or intergovernmental organisations, as the case may be, shall be entitled a to apply for the registration of, or be registered as the proprietor of geographical indication b to apply for registration or be registered as an authorised user of a geographical indication.

section 82. of the geographical indications of goods registration and protection act : notwithstanding anything contained in the registration act, 16 of , no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under that act.

section 87. of the geographical indications of goods registration and protection act : show related subordinates 1 the central government may, by notification in the official gazette and subject to the condition of previous publication, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the matters to be included in the register of geographical indications under subsection 1, and the safeguards to be observed in the maintenance of such register in computer floppies or diskettes under subsection 2 of section 6 b the manner of incorporation of particulars relating to registration of geographical indications in part a under subsection 2 and the manner of incorporation of particulars relating to the registration of the authorised users under subsection 3 of section 7 c the classification of goods and the manner of publication of the alphabetical index of classification of goods and the definite territory or locality or region for the purpose of registration of geographical indications under subsection 1 of section 8 d the form in which and the manner in which an application for registration of a geographical indication may be made and the fees which may accompany the application under subsection 1 and the particulars to be made in the statement of producers of goods who proposes to be initially registered with the registration under clause f of subsection 2 of section 11 e the manner of publication of advertisement of accepted application, for registration of geographical indications, etc., under subsection 1, and the manner of notifying the corrections or amendments made in the application under subsection 2 of section 13 f the manner in which and the fee which may accompany an application and the manner of giving notice under subsection 1 and the manner of sending counter statement under subsection 2 and the manner of submission of evidence and the time therefor under subsection 4 of section 14 g the form of certificate of registration under subsection 2 and the manner of giving notice to the applicant under subsection 3 of section 16 h the manner of applying for registration as an authorised user under subsection 1 and the manner of submitting statements and documents along with such application and the fee which may accompany such application under subsection 2 of section 17 i the manner of making application, the time within which such application is to be made and the fee payable with each application, under subsection 3 and the time within which the registrar shall send notice and the manner of such notice under subsection 4 and the form in which and the fee which may accompany an application for renewal to be made under subsection 5 of section 18 j the manner of making applications under subsections 1 and 2, the manner of giving notice under subsection 4 and the manner of service of notice of rectification under subsection 5 of section 27 k the manner of making an application for correction, etc., under section 28 l the manner of making an application under subsection 1, the manner of advertising an application under subsection 1, the time and manner of notice by which an application may be opposed under subsections 2 and 3 of section 29 m the manner of advertisement under subsection 2 of section 30 1 o the form in which an application for rectification shall be made, under subsection 1of section 34 p the manner of making an application for review under clause c of section 60 q the time within which an application is to be made to the registrar for exercising his discretionary power under section 61 r the manner of making an application and the fee payable therefore under subsection 1 of section 64 s the manner of authorising any person to act and the manner of registration of a geographical indications agent under section 76 t the fee and surcharge payable for applications and registrations and other matters under subsection 1 of section 80 u any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1.clause n omitted by act 33 of , s. 22 w.e.f. .

section 86. of the geographical indications of goods registration and protection act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the general insurance business nationalisation act : 1 where an existing insurer has established a provident, superannuation, welfare or any other fund for the benefit of his employees and constituted a trust in respect thereof hereafter in this section referred to as an existing trust, the moneys standing to the credit of such fund on the appointed day, together with any other assets belonging to such fund, shall stand transferred to and vested in the indian insurance company on the appointed day free from any such trust. 2 where all the employees of the life insurance corporation or any other existing insurer do not become employees of an indian insurance company, the monies and other assets belonging to any such fund as is referred to in subsection 1, shall be apportioned between the trustees of the fund and the indian insurance company in the prescribed manner and in case of any dispute about such apportionment the decision of the central government thereon shall be final. 3 where the undertaking of an existing insurer has vested in more than one indian insurance company, the central government may, by order, provide for the apportionment among such indian insurance companies of monies and other assets belonging to any existing trust relating to that undertaking in such manner as in its opinion may be appropriate. 4 the indian insurance company shall as soon as may be after the appointed day constitute in respect of the moneys and other assets which are transferred to and vested in it under this section one or more trusts having objects as similar to the objects of the existing trusts as in the circumstances may be practicable. 5 where all the moneys and other assets belonging to an existing trust are transferred to and vested in an indian insurance company under this section, the trustees of such trust shall, as from the appointed day, stand discharged from the trust, except as respects things done or omitted to be done before the appointed day.

section 1. of the general insurance business nationalisation act : this act may be called the general insurance business nationalisation act, .

section 2. of the general insurance business nationalisation act : it is hereby declared that this act is for giving effect to the policy of the state towards securing the principles specified in clause c of article 39 of the constitution. explanation. in this section, state has the same meaning as in article 12 of the constitution.

section 7. of the general insurance business nationalisation act : 1 every wholetime officer or other employee of an existing insurer other than an indian insurance company who was employed by that insurer wholly or mainly in connection with his general insurance business immediately before the appointed day shall, on the appointed day, become an officer or other employee, as the case may be, of the indian insurance company in which the undertaking of that insurer or that part of the undertaking to which the service of the officer or other employee relates has vested, and shall hold his office or service under the indian insurance company on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting, and shall continue to do so unless and until his employment in the indian insurance company in which the undertaking or part has vested is terminated or until his remuneration, terms and conditions are duly altered by that indian insurance company: provided that nothing in this subsection shall apply to any such officer or other employee who has given, in writing, notice to the central government or to any person nominated in this behalf by that government before the appointed day intimating his intention of not becoming an officer or employee of the indian insurance company in whom the undertaking or part thereof to which his service relates has vested. 2 if any question arises as to whether any person was a wholetime officer or employee, or as to whether any officer or employee, was employed wholly or mainly in connection with the general insurance business of the existing insurer referred to in subsection 1 immediately before the appointed day, the question shall be referred within a period of two years from the appointed day and not thereafter to the central government which shall, after giving an opportunity of being heard to the person concerned in the matter, decide it in such manner as it thinks fit and such decision shall be final. 3 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee under subsection 1 shall not entitle any such officer or other employee to any compensation under that act or such other law, and no such claim shall be entertained by any court, tribunal or other authority.

section 3. of the general insurance business nationalisation act : in this act, unless the context otherwise requires, a acquiring company means any indian insurance company and, where a scheme has been framed involving the merger of one indian insurance company in another or the amalgamation of two or more such companies, means the indian insurance company in which any other company has been merged or the company which has been formed as a result of the amalgamation b appointed day means such day not being a day later than the 2nd day of january, , as the central government may, by notification, appoint 1ba board of directors or board, in relation to a specified insurer, shall have the same meaning as assigned to it in clause 10 of section 2 of the companies act, 18 of c companies act means 2the companies act, 18 of d corporation means the general insurance corporation of india formed under section 9 e existing insurer means every insurer the management of whose undertaking has vested in the central government under section 3 of the general insurance emergency provisions act, 17 of , and includes the undertaking of the life insurance corporation in so far as it relates to the general insurance business carried on by it f foreign insurer means an existing insurer incorporated under the law of any country outside india 3g general insurance business shall have the same meaning as assigned to it in the insurance act, 4 of h government company means a government company as defined in 4 clause 45 of section 2 of the companies act i indian insurance company means an existing insurer having a share capital who is a company within the meaning of the companies act j insurance act means the insurance act, 4 of k life insurance corporation means the life insurance corporation of india established under the life insurance corporation act, 31 of l notification means a notification published in the official gazette m prescribed means prescribed by rules made under this act n schedule means the schedule to this act o scheme means the scheme framed under section 16 5and also includes a scheme framed under section 17a 6oa specified insurer means the corporation as defined in clause d or any of the insurance companies specified in section 10a p words and expressions used in this act but not defined herein and defined in the insurance act, shall have the meanings respectively assigned to them in that act q words and expressions used in this act but not defined herein or in the insurance act and defined in the companies act, shall have the meanings respectively assigned to them in the companies act. 1. ins. by act 37 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for the companies act, 1 of w.e.f. . 3. subs. by s. 2, ibid., for clause g w.e.f. . 4. subs. by s. 2, ibid., for section 617 w.e.f. . 5. ins. by act 3 of , s. 2 w.e.f.. 6. ins. by act 37 of , s. 2 w.e.f. .

section 9. of the general insurance business nationalisation act : 1 as soon as may be after the commencement of this act, the central government shall form a government company in accordance with the provisions of the companies act, to be known as the general insurance corporation of india for the purpose of superintending, controlling and carrying on the business of general insurance: 1provided that on and from the commencement of the general insurance business nationalisation amendment act, , the provisions of this subsection shall have effect as if for the words superintending, controlling and carrying on the business of general insurance, the words carrying on reinsurance business had been substituted. 2 the authorised capital of the corporation shall be 2rupees two hundred and fifty crores, divided into two hundred and fifty lakhs fully paidup shares of one hundred rupees each, out of which rupees five crores shall be the initial subscribed capital of the corporation: 1provided that the central government may, by notification, increase or reduce the authorised capital or subscribed capital, as the case may be, as it deems fit. 3 notwithstanding anything contained in 3the companies act, 18 of , it shall not be necessary to add the word limited as the last word of the name of the corporation. 1. the proviso inserted by act 40 of , s. 2 w.e.f. . 2. subs. by act 38 of , s. 2, for rupees seventyfive crores, divided into seventyfive lakhs fully paidup shares w.e.f. . 3. subs. by act 37 of , s. 3, for the companies act, 1 of w.e.f. .

section 5. of the general insurance business nationalisation act : 1 on the appointed day, the undertaking of every existing insurer who is not an indian insurance company shall stand transferred to and vested in the central government and the central government shall immediately thereafter provide, by notification, for the transfer to and vesting in such indian insurance company, as it may specify in the notification, of that undertaking. 2 any notification made under subsection 1 may provide that any of the undertakings aforesaid may be transferred to and vested in more than one indian insurance company in such manner and subject to such conditions as may be specified in the notification.

section 6. of the general insurance business nationalisation act : 1 the undertaking of every such existing insurer as is referred to in section 5 shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of such existing insurer in relation to the undertaking, whether within or without india, and all books of accounts, registers, records and all other documents of whatever nature relating thereto, and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing insurer in relation to the undertaking. 2 unless otherwise expressly provided by this act, all deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which any such insurer as is referred to in section 5 is a party or which are in favour of such existing insurer shall be of as full force and effect against or in favour of the indian insurance company in which the undertaking or the part to which the instrument relates has vested and may be enforced or acted upon as fully and effectually as if, in the place of the existing insurer referred to in section 5, the indian insurance company in which the undertaking or any part thereof has vested had been a party thereto, or as if they had been issued in its favour. 3 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 5 is pending by or against any such existing insurer as is referred to in that section, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer of the undertaking or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the indian insurance company in which the undertaking or the part to which the proceeding relates has vested. 4 for the removal of doubts it is hereby declared that in the case of a foreign insurer or, as the case may be, the life insurance corporation, the provisions of section 5 and of the preceding subsections shall only apply to the extent to which any property appertains, in the former case, to the general insurance business carried on in india and, in the latter case, to the general insurance business carried on, whether within or without india, and to rights and powers acquired, and to debts, liabilities and obligations incurred and to contracts, agreements and other instruments made by the foreign insurer or the life insurance corporation, as the case may be, for the purpose of such general insurance business and to legal proceedings relating to those purposes, and the said provisions shall be construed accordingly. 5 if any question arises as to whether any property appertains to any such general insurance business as is referred to in this section or whether any rights, powers, liabilities or obligations were acquired or incurred or any contract, agreement or other instrument was made by the foreign insurer or the life insurance corporation, as the case may be, for the purposes of any such business or whether any documents relate to those purposes, the question shall be referred to the central government which shall, after giving an opportunity of being heard to the persons interested in the matter, decide it in such manner as it thinks fit.

section 4. of the general insurance business nationalisation act : 1 on the appointed day, all the shares in the capital of every indian insurance company shall, by virtue of this act, stand transferred to and vested in the central government free of all trusts, liabilities and encumbrances affecting them. 2 out of the shares so transferred and vested, the central government shall, immediately thereafter, by notification, provide for the transfer of not less than ten shares of every such company to such persons as may be specified in the notification to enable the indian insurance company to function as a government company. 3 every notification made under subsection 2 shall specify the names and description of the persons to whom the shares are transferred and the particulars of the shares which are transferred to each such person. 4 a copy of every notification made under subsection 2 shall, as soon as may be after it is made, be sent by the central government to the concerned indian insurance company, who shall, on receipt of such copy, and notwithstanding anything contained in the companies act or in its articles of association, forthwith rectify its register of members by including therein the persons mentioned in the notification as the holders of the shares specified therein. 5 for the removal of doubts it is hereby declared that the transfer and vesting of shares effected under subsection 1 shall not be deemed to affect any right of the indian insurance company subsisting immediately before the appointed day against any shareholder to recover from him any sum of money on the ground that that shareholder has not paid or credited to the insurer the whole or any part of the value of the shares held by him or on any other ground whatsoever.

section 10. of the general insurance business nationalisation act : all the shares in the capital of every indian insurance company which stand transferred to and vested in the central government by virtue of section 4 with the exception of the shares transferred to any person under subsection 2 of that section shall immediately after such vesting, stand transferred to and vested in the corporation and every indian insurance company shall forthwith give effect to such transfer of shares and rectify its register of members by including therein the corporation as the holder of such shares.

section 10a. of the general insurance business nationalisation act : 1 10a. transfer to central government of shares vested in corporation. all the shares in the capital of the acquiring companies, being a the national insurance company limited b the new india assurance company limited c the oriental insurance company limited d the united india insurance company limited, and vested in the corporation before the commencement of the general insurance business nationalisation amendment act, shall, on such commencement, stand transferred to the central government. 1. ins. by act 40 of , s. 3 w.e.f. .

section 15. of the general insurance business nationalisation act : where a claim to the amount payable under section 11 is made by two or more persons adversely to one another, the corporation may cause the amount to be deposited in any civil court having jurisdiction in that behalf and the court shall decide as to whom the payment shall be made.

section 10b. of the general insurance business nationalisation act : 1 10b. enhancement of equity capital of general insurance companies. the general insurance corporation and the insurance companies specified in section 10a may, raise their capital for increasing their business in rural and social sectors, to meet solvency margin and such other purposes, as the central government may empower in this behalf: 2 1. ins. by act 5 of , s. 103 w.e.f. . 2. the proviso omitted by act 37 of , s. 4 w.e.f. .

section 11. of the general insurance business nationalisation act : 1 for the transfer of the shares of each indian insurance company to, and vesting in, the central government, under section 4, there shall be paid by the central government to the corporation, for distribution to the shareholders of each such company, the amount specified against such company in the corresponding entry under column 3 of part a of the schedule. 2 for the transfer to, and vesting in the central government, under section 5, of the undertaking of each existing insurer, who is not an indian insurance company there shall be paid by the central government to the corporation, for payment to each such existing insurer, the amount specified against such insurer in the corresponding entry under column 3 of part b of the schedule.

section 12. of the general insurance business nationalisation act : 1 the total amount paid by the central government under section 11 shall be treated as additional contribution to the subscribed capital of the corporation and such additional subscribed capital shall stand allotted to, and vested in, the central government. 2 the corporation shall distribute the amount paid to it under section 11, to the shareholders of each indian insurance company and to each existing insurer, who is not an indian insurance company, in accordance with their rights and interests, and, if there is any doubt or dispute as to the right, or extent of the right, of any person to receive the whole or any part of such amount, refer such doubt or dispute to the central government for determination and thereafter, act in accordance with the determination made by that government. 3 save as otherwise provided in subsection 2, the amount referred to in section 11 shall be given in accordance with the provisions of section 13, section 14 or section 15, as the case may be.

section 17. of the general insurance business nationalisation act : 1 17. laying of schemes and notifications before parliament. every scheme framed under subsection 1 of section 16 and every notification issued under subsection 3 of that section shall be laid, as soon as may be after it is framed or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or notification or both houses agree that the scheme or notification should not be framed or issued, the scheme or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme or notification. 1. subs. by act 4 of , s. 2 and the schedule, for section 17 w.e.f.

section 14. of the general insurance business nationalisation act : 1 notwithstanding anything contained elsewhere in this act, if a majority in number of the persons, who, immediately before the appointed day, were registered in the books of an indian insurance company as the members thereof, and representing twothirds in value of the amount payable to the indian insurance company, agree either in person or by proxy at a meeting specially convened for the purpose that the amount so payable instead of being distributed among the members shall be given to any such person or body of persons as the members may nominate either at that meeting or subsequently for the purpose of carrying on any business, and the central government is satisfied that due provision has been or will be made for the payment of the value of their respective shares to persons who have dissented from the reasolution, the amount may be given to the person or body of persons so nominated in such manner and subject to such conditions as the central government may think fit. 2 no resolution passed at any such meeting as is referred to in subsection 1 held after the appointed day shall have any effect unless the meeting has been convened after obtained the approval of the central government.

section 13. of the general insurance business nationalisation act : 1 where the amount referred to in section 11 is to be given a to the members of an indian insurance company, the amount due to each such member shall be paid in full, where it does not exceed twentyfive thousand rupees, and where it exceeds twentyfive thousand rupees, each such member shall be paid twentyfive thousand rupees and the balance of the amount due to such member shall be paid to him in three equal annual instalments, the first of which shall fall due on the appointed day b to a foreign insurer, it shall be given to him in cash within three months from the appointed day c to the life insurance corporation, it shall be given to it in three equal annual instalments, the first of which shall fall due on the appointed day d to an existing insurer who is a cooperative society, it shall be distributed as soon as may be after the appointed day in accordance with the rules of the society which will apply in case of dissolution of the society e to an existing insurer not falling within any of the foregoing provisions, it shall be apportioned by the acquiring company among the individual policyholders of the insurer whose policies with that insurer were in force on the appointed day and were comprised in the undertaking of such insurer in proportion to the premiums paid by the policyholders under such policies and every such payment shall be made either i in cash, to be sent by postal money order, or ii at the option of the policyholder, as a deduction in the premium due at the time of the renewal of the policy and such option shall be exercised by the policyholder before the expiry of three months from the appointed day or within such further time not exceeding three months as the central government may, on the application of the policyholder, allow and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised: provided that if any policyholder fails to exercise his option within the time allowed, he shall be deemed to have exercised his option in favour of payment in cash by postal money order. 2 where any amount is payable whether in instalments or otherwise under the provisions of this section, the unpaid amount, where its payment has become due shall carry interest at the rate of four per cent. per annum from the appointed day.

section 16. of the general insurance business nationalisation act : 1 if the central government is of opinion that for the more efficient carrying on of general insurance business it is necessary so to do, it may, by notification, frame one or more schemes providing for all or any of the following matters: a the merger in one indian insurance company of any other indian insurance company, or the formation of a new company by the amalgamation of two or more indian insurance companies b the transfer to and vesting in the acquiring company of the undertaking including all its business, properties, assets and liabilities of any indian insurance company which ceases to exist by reason of the scheme c the constitution, name and registered office and the capital structure of the acquiring company and the issue and allotment of shares d the constitution of a board of management by whatever name called for the management of the acquiring company e the alteration of the memorandum and articles of association of the acquiring company for such purposes as may be necessary to give effect to the scheme f the continuance in the acquiring company of the services of all officers and other employees of the indian insurance company which has ceased to exist by reason of the scheme, on the same terms and conditions which they were getting or, as the case may be, by which they were governed immediately before the commencement of the scheme g the rationalisation or revision of pay scales and other terms and conditions of service of officers and other employees wherever necessary h the transfer to the acquiring company of the provident, superannuation, welfare and other funds relating to the officers and other employees of the indian insurance company which has ceased to exist by reason of the scheme i the continuance by or against the acquiring company of legal proceedings pending by or against any indian insurance company which has ceased to exist by reason of the scheme, and the initiation of such legal proceedings, civil or criminal, as the indian insurance company might have initiated if it had not ceased to exist j such incidental, consequential and supplemental matters as are necessary to give full effect to the scheme. 2 in framing schemes under subsection 1, the object of the central government shall be to ensure that ultimately there are 1up to four companies excluding the corporation in existing and that they are so situate as to render their combined services effective in all parts of india. 3 where a scheme under subsection 1 provides for the transfer of any property or liabilities, then, by virtue of the scheme, the property shall stand transferred to and vested in, and those liabilities shall be transferred to and become the liabilities of, the acquiring company. 4 if the rationalisation or revision of any pay scale or other terms and conditions of service under any scheme is not acceptable to any officer or other employee, the acquiring company may terminate his employment by giving him compensation equivalent to three months remuneration, unless the contract of service with such employee provides for a shorter notice of termination. explanation.the compensation payable to an officer or other employee under this subsection shall be in addition to, and shall not affect, any pension, gratuity, provident fund or other benefit to which the employee may be entitled under his contract of service. 5 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the transfer of the services of any officer or other employee of an indian insurance company to the acquiring company shall not entitled any such officer or other employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority. 6 the central government may, by notification, add to, amend or vary any scheme framed under this section. 7 the provisions of this section and of any scheme framed under it shall have effect notwithstanding anything to the contrary contained in any other law or any agreement, award or other instrument for the time being in force. 28 the power to frame a scheme under subsection 1, and the power conferred by subsection 6 to add to, amend or vary any scheme framed under this section, shall include the power to frame such scheme with retrospective effect from a date not earlier than the appointed day. 1. subs. by act 23 of , s. 149, for the words only four companies w.e.f. . 2. ins. by act 3 of , s. 3 w.e.f. .

section 19. of the general insurance business nationalisation act : 1 subject to the rules, if any, made by the central government in this behalf and to its memorandum and articles of association, it shall be the duty of every acquiring company to carry on general insurance business. 2 each acquiring company shall so function under this act as to secure that general insurance business is developed to the best advantage of the community. 3 in the discharge of any of its functions, each acquiring company shall act so far as may be on business principles and where any directions have been issued by the 1 central government or the insurance regulatory and development authority established under subsection 1 of section 3 of the insurance regulatory and development authority act, 41 of , shall be guided by such directions. 4 for the removal of doubts it is hereby declared that the corporation and any acquiring company may, subject to the rules, if any, made by the central government in this behalf, enter into such contracts of reinsurance or reinsurance treaties as it may think fit for the protection of its interests. 1. subs. by s. 5, ibid., for corporation w.e.f. .

section 17a. of the general insurance business nationalisation act : 117a. power of central government to regulate the terms and conditions of service of officers and other employees. 1 the central government may, by notification in the official gazette, frame one or more schemes for regulating the pay scales and other terms and conditions of service of officers and other employees of the corporation or of any acquiring company. 2 a scheme framed under subsection 1 may add to, amend or vary any scheme framed under section 16 including any addition, amendment or variation made therein by notification under subsection 6 of section 16 with respect to rationalisation or revision of pay scales and other terms and conditions of service of officers and other employees of the corporation or of any acquiring company, to provide for further rationalisation or revision of such pay scales and other terms and conditions of service notwithstanding that such further rationalisation or revision is unrelated to, or unconnected with, the amalgamation of insurance companies or merger consequent on nationalisation of general insurance business. 3 the central government may, by notification, add to, amend or vary any scheme framed under this section. 4 the power to frame a scheme under subsection 1, and the power conferred by subsection 3 to add to, amend or vary any scheme framed under this section, shall include the power to frame such scheme, or, as the case may be, to make such addition, amendment or variation in any scheme framed under this section, with retrospective effect from a date not earlier than the appointed day. 5 a copy of every scheme, and every amendment thereto, framed under this section shall be laid, as soon as may be after it is made, before each house of parliament. 6 the provisions of this section and of any scheme framed under it shall have effect notwithstanding anything to the contrary contained in any other law or any agreement, award or other instrument for the time being in force. 1. ins. by act 3 of , s. 4 w.e.f. .

section 18. of the general insurance business nationalisation act : 1 the functions of the corporation shall include a the carrying on of any part of the general insurance business, if it thinks it desirable to do so b aiding, assisting and advising the acquiring companies in the matter of setting up of standards of conduct and sound practice in general insurance business and in the matter of rendering efficient service to holders of policies of general insurance c advising the acquiring companies in the matter of controlling their expenses including the payment of commission and other expenses d advising the acquiring companies in the matter of the investment of their funds e issuing directions to acquiring companies in relation to the conduct of general insurance business: 1provided that all the functions of the corporation specified in this subsection, on and from the commencement of the general insurance business nationalisation amendment act, , shall be performed by the central government. 2 in issuing any directions under subsection 1, the 2central government shall keep in mind the desirability of encouraging competition amongst the acquiring companies as far as possible in order to render their services more efficient. 1. ins. by act 40 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid., for corporation w.e.f. .

section 24a. of the general insurance business nationalisation act : 124a. exclusive privilege of corporation and acquiring companies to cease. notwithstanding anything contained in this act, the exclusive privilege of the corporation and the acquiring companies of carrying on general insurance business in india shall cease on and from the commencement of the insurance regulatory and development authority act, and the corporation and the acquiring companies shall, thereafter, carry on general insurance business in india in accordance with the provisions of the insurance act, 4 of : 2provided that the corporation shall, on and from the commencement of the general insurance business nationalisation amendment act, , cease to carry on general insurance business. 1. ins. by act 41 of , s. 32 and the third schedule w.e.f. . 2. ins. by act 40 of , s. 7 w.e.f. .

section 20. of the general insurance business nationalisation act : 1 after making provision for bad and doubtful debts, depreciation in assets, provident, superannuation, welfare and other funds, debts due to government and all other matters for which provision is necessary under any law or which are usually provided for by insurance companies, every acquiring company shall distribute the balance of profit as dividends. 2 any profit made by the corporation and any sums received by the corporation by way of dividends or otherwise shall be dealt with by it in such manner as may be prescribed.

section 21. of the general insurance business nationalisation act : 1 notwithstanding anything contained in the companies act or in the memorandum and articles of association of any indian insurance company, on and from the appointed day and until a new board of directors of the indian insurance company is duly constituted, the management of the company shall continue to vest in the custodian in charge of the management of the undertaking of that company immediately before the appointed day by virtue of the provisions contained in the general insurance emergency provisions act, 17 of , and the custodian shall be entitled, subject to such directions as the central government may issue in this behalf, to exercise all the powers and do all acts and things as may be exercised or done by the company or by its board of directors. 2 nothing contained in subsection 1 shall be deemed to prevent the central government from appointing any other person to take charge of the management of the undertaking of any indian insurance company during the period referred to in that subsection if for any reason it becomes necessary so to do, and any person so appointed may exercise all the powers and do all acts and things which a custodian may exercise or do under subsection 1. 3 the custodian referred to in subsection 1 and the person appointed under subsection 2 shall be entitled to such salaries and other allowances as the central government may specify in this behalf and shall hold office during the pleasure of the central government.

section 25. of the general insurance business nationalisation act : properties in india not to be insured with foreign insurers except with permission of central government. omitted by the insurance laws amendment act, 5 of , s. 104 w.e.f. .

section 22. of the general insurance business nationalisation act : 1the central government or any person authorised by it may at any time transfer any officer or employee from an acquiring company or the corporation to any other acquiring company or the corporation, as the case may be, and the officer or employee so transferred, shall continue to have the same terms and conditions of service as were applicable to him immediately before such transfer. 1. subs. by act 40 of , s. 6, for the corporation may at any time transfer any officer w.e.f. .

section 23. of the general insurance business nationalisation act : the corporation and every acquiring company shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may give.

section 24b. of the general insurance business nationalisation act : 124b. cessation of application of act.1 on and from the date on which the central government ceases to control any specified insurer, after the commencement of the general insurance business nationalisation amendment act, , the provisions of this act shall cease to apply in respect of that specified insurer. 2 notwithstanding anything contained in subsection 1, on the date of cessation of applicability referred to in subsection 1, a any scheme framed by the central government under subsection 1 of section 17a in respect of the specified insurer referred to in subsection 1 shall be deemed to have been adopted by the board of directors of such specified insurer: provided that the board of directors may make such additions, amendments or variations thereto, or frame new policy in place of such scheme, as it may deem appropriate b without prejudice to the generality of the power of the board of directors of the specified insurer under clause a, all powers exercisable by the central government under a scheme framed by it in subsection 1 of section 17a shall be exercisable by that board of directors. explanation 1.for the purposes of this section, the expression control means the right of the central government, in relation to a specified insurer, i to appoint a majority of its directors or ii to have power over its management or policy decisions, by virtue of its shareholding rights or management rights under its articles of association or shareholders agreements or voting agreements or any other agreements executed with the specified insurer or any other person in relation to the specified insurer. explanation 2.for the removal of doubts, it is hereby clarified that i the provisions of this section shall also apply to any rule, scheme, direction or notification made under this act before the cessation of applicability ii the cessation of applicability shall not revive anything that was not already in force or in existence under this act or affect anything previously done or suffered under this act iii the board of directors of the specified insurer shall exercise the powers referred to in subsection 2, subject to any requirement under any law for the time being in force. 1.ins. by act 37 of , s. 5 w.e.f. .

section 24. of the general insurance business nationalisation act : 1 except to the extent expressly provided in this act, on and from the appointed day, the corporation and the acquiring companies shall have the exclusive privilege of carrying on general insurance business in india. 2 subject to the provisions of section 36, any certificate of registration granted under the insurance act to any insurer other than an insurer referred to in subsection 1 shall, on and from the appointed day, cease to have effect: provided that nothing in this subsection shall apply to the carrying on by the life insurance corporation of life insurance business and capital redemption and annuity certain business.

section 26. of the general insurance business nationalisation act : for the purposes of the incometax act, 43 of , every acquiring company shall be deemed to be an indian company and a company in which the public are substantially interested.

section 32. indemnity of the general insurance business nationalisation act : every officer of the central government and every officer or other employee of the corporation and of any acquiring company shall be indemnified by the central government or the corporation or the acquiring company, as the case may be, against all losses and expenses incurred by him in, or in relation to, the discharge of his duties under this act except such as have been caused by his own wilful act or default.

section 27.power to reduce amounts of insurance in certain eases of the general insurance business nationalisation act : an acquiring company may, having regard to its financial condition on the 13th day of may, or the financial condition on the said date of any existing insurer whose undertaking has been transferred to and vested in it under this act reduce the liabilities which have arisen under contracts of general insurance entered into before the said date in such manner and subject to such conditions as it thinks fit: provided that no such reduction shall be made except in accordance with specific proposals made by the acquiring company in this behalf and approved by the central government.

section 28. of the general insurance business nationalisation act : 1 where an existing insurer has at any time within five years before the 13th day of may, a made any payment to any person without consideration, b sold or disposed of any property of the insurer without consideration or for an inadequate consideration, c acquired any property or rights for an excessive consideration, d entered into or varied any agreement so as to require an excessive consideration to be paid or given by the insurer, e entered into any other transaction of such an onerous nature as to cause a loss to, or impose a liability on, the insurer exceeding any benefit accruing to the insurer, and the payment, sale, disposal, acquisition, agreement or variation thereof or other transaction was not reasonably necessary for the purpose of the general insurance business of the insurer or was made with an unreasonable lack of prudence on the part of the insurer, regard being had in either case to the circumstances at the time, the acquiring company may apply for relief to the court in respect of such transaction, and all parties to the transaction shall, unless the court otherwise directs, be made parties to the application. 2 the court may make such order against any of the parties to the application as it thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. 3 where an application is made to the court under this section in respect of any transaction and the application is determined in favour of the acquiring company, the court shall have exclusive jurisdiction to determine any claim outstanding in respect of the transaction.

section 29. of the general insurance business nationalisation act : 1 where any property appertaining to an existing insurer has been transferred to and vested in an indian insurance company under section 5, a every person in whose possession, custody or control any such property may be, shall deliver the property to the indian insurance company forthwith, b any person who immediately before such vesting has in his possession, custody or control any books, documents or other papers relating to an existing insurer shall be liable to account for the said books, documents and papers to the indian insurance company, and shall deliver them to that company or to such person as that company may direct. 2 in particular, all the assets of an existing insurer appertaining to the undertaking held in deposit by the reserve bank of india under the insurance act or by trustees in trust shall be delivered to the indian insurance company. 3 without prejudice to the other provisions contained in this section, it shall be lawful for each indian insurance company to take all necessary steps for taking possession of all properties which have been transferred to and vested in it under this act.

section 33.dissolution of corporation and acquiring companies of the general insurance business nationalisation act : no provision of law relating to the winding up of companies shall apply to the corporation or to an acquiring company, and neither the corporation nor any such company shall be placed in liquidation save by order of the central government and in such manner as it may direct.

section 30. of the general insurance business nationalisation act : if any person wilfully withholds or fails to deliver to an indian insurance company as required by section 29 any property or any books, documents or other papers which may be in his possession or unlawfully retains possession of any property of an existing insurer which has been transferred to and vested in an indian insurance company under section 5 or wilfully applies any such property to purposes other than those expressed in or authorised by this act, he shall, on the complaint of the indian insurance company, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 31. of the general insurance business nationalisation act : every officer or other employee of the corporation or of an acquiring company shall be deemed to be a public servant for the purposes of chapter ix of the indian penal code 45 of .

section 31a. of the general insurance business nationalisation act : 131a. liability of director of specified insurer.a director of a specified insurer who is not its wholetime director shall be held liable only in respect of such acts of omission or commission of the specified insurer which had been committed with his knowledge, attributable through board processes, and with his consent or connivance or where he had not acted diligently. explanation.for the purposes of this section, the reference to board shall include committees of the board. 1 ins. by act 37 of , s. 6 w.e.f. .

section 34.reference to existing insurer in other laws of the general insurance business nationalisation act : any reference to an existing insurer in any law other than this act or any contract or other instrument shall, in so far as it relates to an acquiring company, be construed as a reference to that company.

section 35. of the general insurance business nationalisation act : subject to such exceptions, restrictions and limitations, if any, as the central government may, by notification, specify in this behalf, the insurance act shall apply to or in relation to the corporation and every acquiring company as if the corporation or the acquiring company, as the case may be, were an insurer carrying on general insurance business within the meaning of that act.

section 39. of the general insurance business nationalisation act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for a the manner in which the profits, if any, and other moneys received by the corporation may be dealt with 1b the conditions, if any, subject to which the corporation shall carry on reinsurance business ba the conditions, if any, subject to which the acquiring companies shall carry on general insurance business c the terms and conditions subject to which any reinsurance contracts or treaties may be entered into d the form and manner in which any notice or application may be given or made to the central government e the reports which may be called for by the central government from the corporation and the acquiring companies f any other matter which is required to be, or may be, prescribed. 3 every rule made under this section and every notification issued under section 35 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. subs. by act 40 of , s. 8, for clause b w.e.f. .

section 35a. of the general insurance business nationalisation act : deduction of incometax not to be made on interest or dividend payable to the corporation, etc. omitted by the finance act 20 of , s. 158 w.e.f. .

section 36.exemptions of the general insurance business nationalisation act : 1 nothing contained in this act shall apply in relation to a any general insurance business carried on by a state government, to the extent to which such insurance relates to properties belonging to it or undertakings owned wholly or mainly by the state government or to properties belonging to semigovernment bodies, or any board or body corporate established by the state government under any statue or any industrial or commercial undertaking in which the state government has substantial financial interest, whether as shareholder, lender or guarantor b any general insurance business not falling within clause a which has been carried on by a state government before the commencement of this act, to the extent to which it is necessary to allow such business to run off: provided that nothing contained in this clause shall be deemed to authorise the state government to issue any new policies or renew any existing policies c any insurer whose business is being voluntarily wound up or is being wound up by a court d the insurance business carried on by the calcutta hospital and nursing home benefits association limited e the insurance business carried on by the export credit and guarantee corporation limited and the deposit insurance corporation established under section 3 of the deposit insurance corporation act, 47 of f any scheme in existence immediately before the 14th day of may, or any scheme framed after the said day with the approval of the central government for the insurance of crops or of cattle or of flood risks or of war or emergency risks. 2 if the central government is satisfied that an insurer, whether established before or after the appointed day, carries on only such general insurance business as is not carried on ordinarily by insurers, it may, by notification, direct that nothing contained in this act shall apply to such insurer.

section 37., not to invalidate proceedings. of the general insurance business nationalisation act : no act or proceeding of the corporation or of an acquiring company shall be called in question merely on the ground of the existence of any vacancy in, or defect in the constitution of, the corporation or the company.

section 40. of the general insurance business nationalisation act : omission of section 14 of act 17 of . rep. by the repealing and amending act, 38 of , s. 2 and the first schedule w.e.f. .

section 38. of the general insurance business nationalisation act : no suit, prosecution or other legal proceeding shall lie against any officer of the central government or officer or other employee of the corporation or of the acquiring company for anything which is in good faith done or intended to be done under this act.

section 38a. of the general insurance business nationalisation act : 138a. powers of insurance regulatory and development authority of india not to apply to international financial services centre.notwithstanding anything contained in any other law for the time being in force, the powers exercisable by the insurance regulatory and development authority of india under this act, a shall not extend to an international financial services centre set up under subsection 1 of section 18 of the special economic zones act, 28 of b shall be exercisable by the international financial services centres authority established under subsection 1 of section 4 of the international financial services centres authority act, , in so far as regulation of financial products, financial services and financial institutions that are permitted in the international financial services centres are concerned. 1. ins. by act 50 of , s. 33 and the second schedule w.e.f. .

section 7. of the african development fund act : every notification issued under subsection 2 of section 5 and every rule made under section 6 shall be laid, as soon as may be after it is issued or made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or, as the case may be, in the rule or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

section 1. of the african development fund act : 1 this act may be called the african development fund act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 25th august, , vide notification no. g.s.r. e, dated 25th august, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the african development fund act : 1there shall be paid out of the consolidated fund of india, after due appropriation made by parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying, a the subscription payable by the central government to the fund under articles 6,7,8 and 9 of the agreement b any sums payable by the central government to the fund under article 13 of the agreement and c any charges payable by the central government to the fund under article 16 of the agreement. 2 the central government may, if it thinks fit so to do, create and issue to the fund, in such form as it thinks fit, any such noninterest bearing and nonnegotiable note or other obligations as are provided for by article 9 of the agreement.

section 6. of the african development fund act : the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act.

section 5. of the african development fund act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of the agreement set out in the schedule shall have the force of law in india: provided that nothing in article 49 of the agreement shall be construed as a entitling the fund to import into india goods free of any duty of customs without any restriction or their subsequent sale therein or b conferring on the fund any exemption from duties or taxes which form part of the price of goods sold or c conferring on the fund any exemption from duties or taxes which are in fact no more than charges for services rendered. 2 the central government may, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein.

section 4. of the african development fund act : the reserve bank of india shall be the depository of the indian currency holdings of the fund.

section 2. of the african development fund act : in this act, unless the context otherwise requires, a agreement means the african development fund agreement b fund means the african development fund established under the agreement.

section 7. of the conservation of foreign exchange and prevention of smuggling activities act : show related subordinates 1 if the appropriate government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that government may a make a report in writing of the fact to a metropolitan magistrate or a magistrate of the first class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of sections 82, 83, 84 and 85 of the code of criminal procedure, 2 of , shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the magistrate b by order notified in the official gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence under clause b of subsection 1 shall be cognisable.

The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

section 1. of the conservation of foreign exchange and prevention of smuggling activities act : show related subordinates 1 this act may be called the conservation of foreign exchange and prevention of smuggling activities act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 being a date not later than the twentieth day of december, , as the central government may, by notification in the official gazette, appoint. 1. 19th december, , vide notification no. g.s.r. 690e, dated 16th december, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 6. of the conservation of foreign exchange and prevention of smuggling activities act : no detention order shall be invalid or inoperative merely by reason a that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or the officer making the order of detention, or b that the place of detention of such person is outside the said limits.

section 3. of the conservation of foreign exchange and prevention of smuggling activities act : show related subordinates 1 the central government or the state government or any officer of the central government, not below the rank of a joint secretary to that government, specially empowered for the purposes of this section by that government, or any officer of a state government, not below the rank of a secretary to that government, specially empowered for the purposes of this section by that government, may, if satisfied, with respect to any person including a foreigner, that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from i smuggling goods, or ii abetting the smuggling of goods, or iii engaging in transporting or concealing or keeping smuggled goods, or iv dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or v harbouring persons engaged in smuggling goods or in abetting the smuggling of goods, it is necessary so to do, make an order directing that such person be detained. 1provided that no order of detention shall be made on any of the grounds specified in this subsection on which an order of detention may be made under section 3 of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, or under section 3 of the jammu and kashmir prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance, j k ordinance 1 of . 2 when any order of detention is made by a state government or by an officer empowered by a state government, the state government shall, within ten days, forward to the central government a report in respect of the order. 3 for the purposes of clause 5 of article 22 of the constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention. 1. the proviso ins. by act 46 of , s. 15 w.e.f. .

section 2. of the conservation of foreign exchange and prevention of smuggling activities act : show related subordinates in this act, unless the context otherwise requires, a appropriate government means, as respects a detention order made by the central government or by an officer of the central government or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer of a state government or a person detained under such order, the state government b detention order means an order made under section 3 c foreigner has the same meaning as in the foreigners act, 31 of d indian customs waters has the same meaning as in clause 28 of section 2 of the customs act, e smuggling has the same meaning as in clause 39 of section 2 of the customs act, 52 of , and all its grammatical variations and cognate expressions shall be construed accordingly f state government, in relation to a union territory, means the administrator thereof g any reference in this act to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state.

section 8. of the conservation of foreign exchange and prevention of smuggling activities act : show related subordinates for the purposes of subclause a of clause 4, and subclause c of clause 7, of article 22 of the constitution, a the central government and each state government shall, whenever necessary, constitute one or more advisory boards each of which shall consist of a chairman and two other persons possessing the qualifications specified in subclause a of clause 4 of article 22 of the constitution b save as otherwise provided in section 9, the appropriate government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the advisory board constituted under clause a to enable the advisory board to make the report under subclause a of clause 4 of article 22 of the constitution c the advisory board to which a reference is made under clause b shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate government or from any person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned d when there is a difference of opinion among the members forming the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board e a person against whom an order of detention has been made under this act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the advisory board, and the proceedings of the advisory board and its report, excepting that part of the report in which the opinion of the advisory board is specified, shall be confidential f in every case where the advisory board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the advisory board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate government shall revoke the detention order and cause the person to be released forthwith.

section 5. of the conservation of foreign exchange and prevention of smuggling activities act : every person in respect of whom a detention order has been made shall be liable a to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate government may, by general or special order, specify and b to be removed from one place of detention to another place of detention, whether within the same state or in another state by order of the appropriate government: provided that no order shall be made by a state government under clause b for the removal of a person from one state to another state except with the consent of the government of that other state.

section 10a. of the conservation of foreign exchange and prevention of smuggling activities act : 110a. extension of period of detention.1 notwithstanding anything contained in any other provision of this act, the detention of every person detained under a detention order which has been confirmed under clause f of section 8 before the commencement of the conservation of foreign exchange and prevention of smuggling activities amendment act, , and which is in force immediately before such commencement shall, unless his detention has been continued by the appropriate government under the said clause for a period shorter than one year from the date of his detention, continue until the expiry of a period of one year from the date of his detention under such order or until the expiry of the specified period, whichever period expires later: provided that nothing contained in this subsection shall affect the power of the appropriate government to revoke or modify such detention order at any earlier time. 2 notwithstanding anything contained in any other provision of this act, the detention of every person detained under a detention order which has been confirmed under clause f of section 8 read with subsection 2 of section 9 before the commencement of the conservation of foreign exchange and prevention of smuggling activities amendment act, , and which is in force immediately before such commencement, shall, unless his detention has been continued by the appropriate government under the said clause f read with the said subsection 2, for a period shorter than two years from the date of his detention, continue until the expiry of a period of two years from the date of his detention under such order or until the expiry of the specified period, whichever period expires later: provided that nothing contained in this subsection shall affect the power of the appropriate government to revoke or modify such detention order at any earlier time. 1. ins. by s. 3, ibid. w.e.f. .

section 4. of the conservation of foreign exchange and prevention of smuggling activities act : a detention order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the code of criminal procedure, 2 of .

section 11. of the conservation of foreign exchange and prevention of smuggling activities act : 1 without prejudice to the provisions of section 21 of the general clauses act, 10 of , a detention order may, at any time, be revoked or modified a notwithstanding that the order has been made by an officer of a state government, by that state government or by the central government b notwithstanding that the order has been made by an officer of the central government or by a state government, by the central government. 2 the revocation of a detention order shall not bar the making of another detention order under section 3 against the same person.

section 12. of the conservation of foreign exchange and prevention of smuggling activities act : 11 the central government may, at any time, direct that any person detained in pursuance of a detention order made by that government or an officer subordinate to that government or by a state government or by an officer subordinate to a state government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 1a a state government may, at any time, direct that any person detained in pursuance of a detention order made by that government or by an officer subordinate to that government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 2 in directing the release of any person 2under subsection 1 or subsection 1a, the government directing the release may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction. 3 any person released under 3subsection 1 or subsection 1a shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. 4 if any person fails without sufficient cause to surrender himself in the manner specified in subsection 3, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 5 if any person released under 3subsection 1 or subsection 1a fails to fulfil any of the conditions imposed upon him under the said subsection or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 46 notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this act is in force shall be released whether on bail or bail bond or otherwise. 1. subs. by s. 4, ibid.,for subsection 1 w.e.f. . 2. subs. by act 20 of , s. 4, for under subsection 1, the appropriate government w.e.f. . 3. subs. by s. 4, ibid., for subsection 1 w.e.f. . 4. ins. by act 35 of , s. 3 w.e.f. .

section 13. of the conservation of foreign exchange and prevention of smuggling activities act : no suit or other legal proceeding shall lie against the central government or a state government, and no suit, prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this act.

section 5a. of the conservation of foreign exchange and prevention of smuggling activities act : 15a. grounds of detention severable.where a person has been detained in pursuance of an order of detention under subsection 1 of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly a such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are i vague, ii nonexistent, iii not relevant, iv not connected or not proximately connected with such person, or v invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the government or officer making such order would have been satisfied as provided in subsection 1 of section 3 with reference to the remaining ground or grounds and made the order of detention b the government or officer making the order of detention shall be deemed to have made the order of detention under the said subsection 1 after being satisfied as provided in that subsection with reference to the remaining ground or grounds. 1. ins. by act 35 of , s. 2 w.e.f. .

section 14. of the conservation of foreign exchange and prevention of smuggling activities act : the maintenance of internal security amendment ordinance, 11 of , shall, on the commencement of this act, stand repealed and accordingly the amendments made in the maintenance of internal security act, 20 of , by the said ordinance shall, on such commencement, cease to have effect.

section 10. of the conservation of foreign exchange and prevention of smuggling activities act : the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 do not apply and which has been confirmed under clause f of section 8 shall be 1a period of one year from the date of detention or the specified period, whichever period expires later and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 apply and which has been confirmed under clause f of section 8 read with subsection 2 of section 9 shall be 2a period of two years from the date of detention or the specified period, whichever period expires later: provided that nothing contained in this section shall affect the power of the appropriate government in either case to revoke or modify the detention order at any earlier time. 3explanation.in this section and in section 10a, specified period means the period during which the proclamation of emergency issued under clause 1 of article 352 of the constitution on the 3rd day of december, and the proclamation of emergency issued under that clause on the 25th day of june, , are both in operation. 1. subs. by act 20 of , s. 3, for one year from the date of detention w.e.f. . 2. subs. by s. 3, ibid., for two years from the date of detention w.e.f. . 3. ins. by act 20 of , s. 3 w.e.f. .

section 12a. of the conservation of foreign exchange and prevention of smuggling activities act : 112a. special provisions for dealing with emergency.1 notwithstanding anything contained in this act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the proclamation of emergency issued under clause 1 of article 352 of the constitution on the 3rd day of december, , or the proclamation of emergency issued under that clause on the 25th day of june, , or a period of 2twentyfour months from the 25th day of june, , whichever period is the shortest. 2 when making an order of detention under this act against any person after the commencement of the conservation of foreign exchange and prevention of smuggling activities amendment act, 35 of , the central government or the state government or, as the case may be, the officer making the order of detention shall consider whether the detention of such person under this act is necessary for dealing effectively with the emergency in respect of which the proclamations referred to in subsection 1 have been issued hereafter in this section referred to as the emergency and if, on such consideration, the central government or the state government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that government or officer may make a declaration to that effect and communicate a copy of the declaration to the person concerned provided that where such declaration is made by an officer, it shall be reviewed by the appropriate government within fifteen days from the date of making of the declaration and such declaration shall cease to have effect unless it is confirmed by that government, after such review, within the said period of fifteen days. 3 the question whether the detention of any person in respect of whom a declaration has been made under subsection 2 continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate government within four months from the date of such declaration and thereafter at intervals not exceeding four months, and if, on such reconsideration, it appears to the appropriate government that the detention of the person is no longer necessary for effectively dealing with the emergency, the government may revoke the declaration. 4 in making any consideration, review or reconsideration under subsection 2 or 3, the appropriate government or officer may, if such government or officer considers it to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person concerned. 5 it shall not be necessary to disclose to any person detained under a detention order to which the provisions of subsection 2 apply, the grounds on which the order has been made during the period the declaration made in respect of such person under that sub section is in force, and, accordingly, such period shall not be taken into account for the purposes of subsection 3 of section 3. 6 in the case of every person detained under a detention order to which the provisions of subsection 2 apply, being a person in respect of whom a declaration has been made thereunder, the period during which such declaration is in force shall not be taken into account for the purpose of computing i the periods specified in clauses b and c of section 8 ii the periods of one year and five weeks specified in subsection 1, the period of one year specified in subsection 2i, and the period of six months specified in subsection 3 of section 9. 1. ins. by s. 4, ibid. w.e.f. . 2. subs. by act 90 of , s. 2, for twelve months w.e.f. .

section 9. of the conservation of foreign exchange and prevention of smuggling activities act : 19. cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of advisory board.1 notwithstanding anything contained in this act, any person including a foreigner in respect of whom an order of detention is made under this act at any time before the 231st day of july, , may be detained without obtaining, in accordance with the provisions of subclause a of clause 4 of article 22 of the constitution, the opinion of an advisory board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from smuggling goods or abetting the smuggling of goods or engaging in transporting or concealing or keeping smuggled goods and the central government or any officer of the central government, not below the rank of an additional secretary to that government, specially empowered for the purposes of this section by that government, is satisfied that such person a smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling or b abets or is likely to abet the smuggling of goods into, out of or through any area highly vulnerable to smuggling or c engages or is likely to engage in transporting or concealing or keeping smuggled goods in any area highly vulnerable to smuggling, and makes a declaration to that effect within five weeks of the detention of such person. explanation1.in this subsection, area highly vulnerable to smuggling means i the indian customs waters contiguous to 3the states of goa, gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of daman and diu and pondicherry ii the inland area fifty kilometres in width from the coast of india falling within the territories of 3the states of goa, gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of daman and diu and pondicherry iii the inland area fifty kilometres in width from the indiapakistan border in the states of gujarat, jammu and kashmir, punjab and rajasthan iv the customs airport of delhi and v such further or other indian customs waters, or inland area not exceeding one hundred kilometres in width from any other coast or border of india, or such other customs station, as the central government may, having regard to the vulnerability of such waters, area or customs station, as the case may be, to smuggling, by notification in the official gazette, specify in this behalf. explanation 2.for the purposes of explanation 1, customs airport and customs station shall have the same meaning as in clauses 10 and 13 of section 2 of the customs act, 52 of , respectively. 2 in the case of any person detained under a detention order to which the provisions of subsection 1 apply, section 8 shall have effect subject to the following modifications, namely: i in clause b, for the words shall, within five weeks, the words shall, within four months and two weeks shall be substituted ii in clause c, 1 for the words the detention of the person concerned, the words the continued detention of the person concerned shall be substituted 2 for the words eleven weeks, the words five months and three weeks shall be substituted iii in clause f, for the words for the detention, at both the places where they occur, the words for the continued detention shall be substituted. 1. subs. by act 58 of , s. 2, for section 9 w.e.f. . 2. subs. by act 15 of , s. 2, for 31st day of july, w.e.f. . 3. subs. by act 23 of , s. 2, for certain words w.e.f. .

section 8. of the tobacco board act : show related subordinates 1 it shall be the duty of the board to promote, by such measures as it thinks fit, the development under the control of the central government of the tobacco industry. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for 1a regulating the production and curing of virginia tobacco having regard to the following factors, namely: i the demand for virginia tobacco in india and abroad ii the suitability of land for growing virginia tobacco iii the differences in soil characteristics and agroclimatic factors in different regions of the country where virginia tobacco is grown and the effect thereof on the quality and quantity of virginia tobacco produced in those regions iv the marketability of different types of virginia tobacco v the need for rotation of crops and vi the nature of the holdings of the growers of virginia tobacco whether owned or leased b keeping a constant watch on the virginia tobacco market, both in india and abroad, and ensuring that the growers get a fair and remunerative price for the same and that there are no wide fluctuations in the prices of the commodity c maintenance and improvement of existing markets, and development of new markets outside india for indian virginia tobacco and its products and devising of marketing strategy in consonance with demand for the commodity outside india, including group marketing under limited brand names 2cc establishment by the board of auction platforms, with the previous approval of the central government, for the sale of virginia tobacco by registered growers or curers, and functioning of the board as an auctioneer at auction platforms established by or registered with it subject to such conditions as may be specified by the central government d recommending to central government the minimum prices which may be fixed for purposes of export of virginia tobacco with a view to avoiding unhealthy competition amongst the exporters e regulating in other respects virginia tobacco marketing in india and export of virginia tobacco having due regard to the interests of growers, manufacturers and dealers and the nation f propagating information useful to the growers, dealers and exporters including packers of virginia tobacco and manufacturers of virginia tobacco products and others concerned with virginia tobacco and products thereof g purchasing virginia tobacco from growers when the same is considered necessary or expedient for protecting the interests of the growers and disposal of the same in india or abroad as and when considered appropriate h promoting the grading of tobacco at the level of growers i sponsoring, assisting, coordinating or encouraging scientific, technological and economic research for the promotion of tobacco industry j such other matters as may be prescribed. 3 without prejudice to the generality of the provisions of subsection 1 and subject to priority being given to matters specified in subsection 2, the measures referred to in subsection 1 may also provide in relation to tobacco, other than virginia tobacco, for all or any of the matters specified in clauses c to g of subsection 2 and for this purpose any reference in those clauses to virginia tobacco shall be construed as including a reference to tobacco other than virginia tobacco. 4 the board shall perform its functions under this section in accordance with and subject to such rules as may be made by the central government and such rules may in particular make provisions for ensuring that the board functions in close liaison with union agencies, institutions and authorities concerned with the tobacco industry including growing of tobacco and avoids duplication of effort. 1 subs. by s. 3, ibid., for clause a w.e.f. . 2 ins. by act 36 of , s. 3 w.e.f. .

section 1. of the tobacco board act : 1 this act may be called the tobacco board act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and for different states or different parts thereof. 1 28th august, , vide notification no. s.o. , dated 20th august, , see gazette of india, extraordinary, part ii, sec. 3ii. this act has been extended to the states of andhra pradesh and karnataka in respect of ss. 10 and 11 and ss. 12, 14 and 15 in the whole of india.

section 2. of the tobacco board act : it is hereby declared that it is expedient in the public interest that the union should take under its control the tobacco industry.

section 7. of the tobacco board act : show related subordinates 1 the board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the board shall have the power to coopt as members of any committee appointed under subsection 1 such number of persons who are not members of the board as it may think fit and the persons so coopted shall have the right to attend the meetings of the committee and take part in the proceedings of the committee but shall not have the right to vote.

section 3. of the tobacco board act : in this act, unless the context otherwise requires, a board means the tobacco board established under section 4 b chairman means chairman of the board c curing shall have the meaning assigned to it in the central excises and salt act, 1 of and all its grammatical variations and cognate expressions shall be construed accordingly d dealer means a dealer in tobacco e executive director means the executive director appointed under section 6 f export and import mean, respectively, taking out of, or bringing into, india, by land, sea or air g member means a member of the board and includes the chairman h prescribed means prescribed by rules made under this act i registered means, except in the expression registered grower, registered under chapter iii of this act and the rules made thereunder j registered grower means a person who has obtained a certificate of registration under section 10 for growing virginia tobacco.

section 9. of the tobacco board act : 1 the central government may, by notification in the official gazette and for reasons to be specified therein, direct that the board shall be dissolved from such date and for such period as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the board to make representations against the proposed dissolution and shall consider the representations, if any, of the board. 2 when the board is dissolved under the provisions of subsection 1, a all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all funds and other properties vested in the board shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act.

section 4. of the tobacco board act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act, a board to be called the tobacco board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 13 the head office of the board shall be at guntur in the state of andhra pradesh and the board may, with the previous approval of the central government, establish offices or agencies at other places in or outside india. 4 the board shall consist of the following members, namely: a a chairman to be appointed by the central government b three members of parliament, of whom two shall be elected by the house of the people and one by the council of states c 2eight members to be appointed by the central government to represent respectively: i the ministry of the central government dealing with agriculture ii the ministry of the central government dealing with commerce iii the ministry of the central government dealing with finance iv the ministry of the central government dealing with industrial development v the indian council of agricultural research vi the government of andhra pradesh 3 4via the government of gujarat and vii the government of karnataka d two members to be appointed by the central government, by rotation in the alphabetical order, to represent the governments of tobaccogrowing states 5other than the states of andhra pradesh, gujarat and karnataka e not more than 5ten members to be appointed by the central government from amongst growers of tobacco, dealers and exporters including packers of tobacco and tobacco products, manufacturers of tobacco products and from amongst persons who, in the opinion of the central government, are experts in tobacco marketing or agricultural economics: 6provided that the number of members appointed under this clause from amongst the growers of tobacco shall not exceed six. 6f the agricultural marketing adviser to the government of india, department of rural development, ex officio g the executive director, ex officio. 74a it is hereby declared that the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 5 the board shall elect, from amongst its members, a vicechairman who shall exercise such of the powers and perform such of the functions of the chairman as may be prescribed or as may be delegated to him by the chairman. 6 the term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 7 8any officer of the central government not being a member of the board as is deputed by the central government in this behalf, shall have the right to attend the meetings of the board and take part in the proceedings thereof, but shall not have the right to vote. 8 the board may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated, but shall not have the right to vote. 9 no act or proceeding of the board or any committee appointed by it under section 7 shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the board or such committee or b any defect in the appointment of a person acting as a member of the board or such committee or c any irregularity in the procedure of the board or such committee not affecting the merits of the case. 1 subs. by act 36 of , s. 2, for subsection 3 w.e.f. . 2 subs. by s. 2, ibid., for seven w.e.f. . 3. the word and omitted by s. 2, ibid. w.e.f. 4. ins. by s. 2, ibid. w.e.f. . 5. subs. by s. 2, ibid., for other than the states of andhra pradesh and karnataka w.e.f. ./nr 6. subs. by act 57 of , s. 2, for eight members w.e.f. . 7. ins. by s. 2, ibid. w.e.f. . 8 subs. byact 57 of , s. 2, for the executive director and any such officer w.e.f. .

section 10. of the tobacco board act : show related subordinates 1 no person shall grow virginia tobacco except under, and in accordance with, the conditions of a certificate of registration obtained from the board in accordance with the rules made under this act. 2 in granting or refusing a certificate of registration, the board shall have regard to the demand for virginia tobacco in india and abroad, and the suitability of the land in relation to which the certificate is applied for and such other factors as may, having regard to the needs of the virginia tobacco industry, be prescribed. 3 a certificate of registration granted in pursuance of this section shall be valid for such period as may be prescribed. 4 every application for such certificate of registration shall be accompanied by such fees not exceeding one rupee for 0.4 hectare of the land in relation to which such application has been made as may be prescribed.

section 5. of the tobacco board act : the chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government.

section 6. of the tobacco board act : show related subordinates 1 the central government shall appoint an executive director to exercise such powers and perform such duties under the chairman as may be prescribed or as may be delegated to him by the chairman. 2 the central government shall appoint a secretary to the board to exercise such powers and perform such duties under the chairman as may be prescribed or as may be delegated to him by the chairman. 3 the executive director and the secretary shall be entitled to such salaries and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may from time to time be fixed by the central government. 4 subject to such control, restrictions and conditions including conditions as to appointment of the officers and other employees of the tobacco export promotion council, in the event of the said council being wound up as may be prescribed, the board may appoint such other officers and employees as may be necessary for the efficient performance of its functions. 5 the chairman, the executive director, the secretary and other officers and employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government.

section 10a. of the tobacco board act : show related subordinates 110a. registration of growers of virginia tobacco seedlings for commercial purposes. 1 no person shall grow virginia tobacco seedlings for commercial purposes unless he registers himself as a nursery grower with the board in accordance with the rules made under this act. explanation. for the removal of doubts, it is hereby declared that nothing in this subsection shall apply to the growing by a registered grower of any virginia tobacco seedlings for his own use. 2 no registered nursery grower shall sell or cause to be sold any virginia tobacco seedlings grown by him to any person other than a registered grower. 1 ins. by act 57 of , s. 4 w.e.f. .

section 11. of the tobacco board act : show related subordinates no person other than a registered curer shall cure or undertake the curing of virginia tobacco unless he registers himself as a curer with the board in accordance with the rules made under this act.

section 13a. of the tobacco board act : show related subordinates 113a. duty of registered dealers and exporters to purchase at auction platforms, etc. no registered dealer or registered exporter shall purchase or cause to be purchased virginia tobacco elsewhere a than at an auction platform registered with the board in accordance with the rules made under this act or established by the board under this act or b than from any other registered dealer or a registered grower or curer: provided that in relation to any state in which the provisions of section 13 are not in force, the condition specified under clause a shall not apply. 1 . ins. by act 57 of , s. 6 w.e.f. .

section 11a. of the tobacco board act : show related subordinates 111a. registration of processors and manufacturers of virginia tobacco, etc. no person shall process virginia tobacco or manufacture products therefrom unless he registers himself as such processor or manufacturer, as the case may be with the board in accordance with the rules made under this act. 1 ins. by s. 5, ibid. w.e.f. .

section 13b. duty or buyers of virginia tobacco at places other than auction platforms to refrain from certain unfair practices of the tobacco board act : show related subordinates 113b. duty of buyers of virginia tobacco at places other than auction platforms to refrain from certain unfair practices. every dealer who purchases virginia tobacco in any state in which the provisions of section 13 are not in force, a shall pay the full price for the whole quantity of virginia tobacco so purchased by him at the rate at which he agreed to purchase such tobacco and shall refrain from claiming any discount in the weight or other deductions in weight thereof or any deductions from the price as calculated in accordance with such rate b shall pay the full price for virginia tobacco so purchased by him as calculated in accordance with the provisions of clause a as expeditiously as possible and in any case within such reasonable time as may be specified in this behalf by the board and c shall refrain from having recourse to any practices which the board may, having regard to the need for protection of persons selling virginia tobacco in such state and all other relevant considerations, specify to be unfair practices. 1 . ins. by act 57 of , s. 6 w.e.f. .

section 11b. of the tobacco board act : show related subordinates 111b. licences to be obtained for grading work and construction of barns etc. no person shall i take up grading work relating to virginia tobacco for commercial purposes or ii take up the construction and operation of a barn, unless he obtains a licence from the board in accordance with the rules made under this act. explanation. for the purposes of this section, i barn means a building or structure with a roof of zinc sheets or tiles having flue pipes, furnace and tiers used for flue curing of tobacco leaves ii grading work means separating tobacco leaves into specific grades on the basis of plant position, maturity, colour, body and blemish and in accordance with such specifications as may be prescribed. 1 ins. by s. 5, ibid. w.e.f. .

section 14. of the tobacco board act : the form of application and the form of certificate of registration under section 10, the form of application 1for registration of nursery growers for the purposes of section 10a, for registration of curers for the purposes of section 11, for registration of processors and manufacturers for the purposes of section 11a, for obtaining licences for taking up grading work or construction and operation of barns under section 11b, for registration of exporters, packers or auctioneers of, or dealers in, tobacco, for the purposes of section 12, and for registration of auction platforms for the purposes of section 13, the time within which and the manner in which such applications shall be made, the fees payable on such applications, the particulars to be specified therein, the principles and the procedure to be followed in granting and cancelling certificates of registration or the registration of auction platforms or, as the case may be, 2the registration as nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or as manufacturers of the products of virginia tobacco or in granting licences under section 11b, the returns to be submitted and the registers to be maintained by registered growers, nursery growers, curers, processors, exporters, packers or auctioneers of, or dealers in, virginia tobacco or the registered manufacturers of the products of virginia tobacco or the persons licensed under section 11b and the registers to be kept by the board shall be such as may be prescribed. 1 subs. by s. 7, ibid., for for registration of curers for the purposes of section 11 w.e.f. . 2 subs. by s. 7, ibid., for certain words w.e.f. .

section 12. of the tobacco board act : show related subordinates no person shall export tobacco or any tobacco products or function as a packer, auctioneer of, or dealer in, tobacco unless he registers himself with the board in accordance with the rules made under this act.

section 13. virginia tobacco to be sold at registered auction platforms of the tobacco board act : show related subordinates no registered grower or curer shall sell or cause to be sold virginia tobacco elsewhere than at an auction platform registered with the board in accordance with the rules made under this act 1or established by the board under this act. 1 ins. by act 36 of , s. 4 w.e.f. .

section 14a. of the tobacco board act : show related subordinates 114a. power to levy fees. 1 where virginia tobacco is sold at any auction platform established by the board under this act, it shall be competent for the board or for any officer of the board authorised by it in this behalf to levy fees, for the services rendered by the board in relation to such sale, at such rate not exceeding two per cent. of the value of such tobacco as the central government may, from time to time, by notification in the official gazette, specify. 2 the fees levied under subsection 1 shall be collected by the board or such officer, equally from the seller of the virginia tobacco and the purchaser of such tobacco, in such manner as may be prescribed. 1 ins. by act 36 of , s. 5 w.e.f. .

section 15. power of inspection of the tobacco board act : show related subordinates the board may authorise any of its members, officers or other employees to inspect in such manner as may be prescribed any land or premises to verify the accuracy of any particulars mentioned in any application or any return referred to in section 14.

section 20. of the tobacco board act : 1 the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of tobacco and tobacco products, either generally or in specified classes of cases. 2 all tobacco and tobacco products to which any order under subsection 1 applies, shall be deemed to be goods of which the import or export has been prohibited under section 11 of the customs act, 52 of , and all the provisions of that act shall have effect accordingly. 3 if any person contravenes any order made under subsection 1, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 52 of , as applied by subsection 2, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 16. grants and loans by the central government of the tobacco board act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 20a. of the tobacco board act : 120a. power of central government to authorise purchase of virginia tobacco.without prejudice to the provisions of clause g of subsection 2 of section 8 and notwithstanding anything contained in any other provision of this act, if the central government is satisfied that it is necessary or expedient so to do, it may, by order in writing and subject to such conditions and limitations as may be specified in the order, authorise any body or other agency to purchase virginia tobacco from the growers and dispose of the same in india or abroad. 1 ins. by s. 10, ibid. w.e.f. .

section 17. of the tobacco board act : show related subordinates 1 there shall be formed a fund to be called the tobacco fund and there shall be credited thereto a the fees levied and collected under this act or the rules made thereunder b any sums of money paid or any loans granted by the central government for the purposes of this act c any grants or loans that may be made by any person for the purposes of this act d the sums, if any, realised by the board in carrying out the measures referred to in section 8. 2 the fund shall be applied a for meeting the cost of the measures referred to in section 8 b for meeting the salaries, allowances and other remuneration of the officers and other employees of the board c for meeting the other administrative expenses of the board d for repayment of any loans.

section 18. of the tobacco board act : subject to such rules as may be made in this behalf, the board shall have the power to borrow on the security of the tobacco fund or any other asset for carrying out the purposes of this act.

section 18a. of the tobacco board act : 118a. writing off of losses. subject to such conditions as may be specified by the central government, where the board is of opinion that any amount due to, or any loss, whether of money or of property, incurred by, the board is irrecoverable, the board may, with the previous approval of the central government, sanction the writing off finally of the said amount or loss: provided that no such approval of the central government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the aggregate in any year such amounts as may be prescribed. 1 ins. by act 57 of , s. 8 w.e.f. .

section 19. of the tobacco board act : 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the 1income and expenditure account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. 1 . subs. by act 57 of , s. 9, for profit and loss account w.e.f. .

section 23. of the tobacco board act : any person who, being required under this act to furnish any return, fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true, shall be punishable with fine which may extend to five hundred rupees.

section 21.directions by central government of the tobacco board act : the board shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 22. returns and reports of the tobacco board act : 1 the board shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the tobacco industry, as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the board shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be after it is received, before each house of parliament.

section 29. of the tobacco board act : no suit, prosecution or other legal proceedings shall lie against the central government, or the board or any committee appointed by it, or any member of the board or such committee, or any officer or other employee of the central government or of the board or any agent of or any other person authorised by the board, for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 24. of the tobacco board act : any person who a obstructs any member or any officer or other employee of the board or any other person in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this act or b having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 25.other penalties of the tobacco board act : whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act 1or of any rules or regulations made thereunder other than the provisions, punishment for the contravention whereof has been provided for in section 20 or section 23 or section 24, shall be punishable with imprisonment for a term which may 2extend to two years, or with fine which may extend to five thousand rupees, or with both and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention. 1 subs. by act 57 of , s. 11, for or of any rules made thereunder w.e.f. . 2 subs. by s. 11, ibid., for extend to six months, or with fine which may extend to one thousand rupees, or with both w.e.f. .

section 26. offences by companies of the tobacco board act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 27. of the tobacco board act : no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 31. of the tobacco board act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

section 28. previous sanction of central government of the tobacco board act : no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central government.

section 33. of the tobacco board act : show related subordinates 1 the board may make regulations not inconsistent with this act and the rules made thereunder for enabling it to discharge its functions under this act. 2 without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the procedure to be followed at meetings of the committees appointed by the board and the number of members which shall form a quorum at a meeting b the delegation to the chairman, members, executive director, secretary or other officers of the board, of any of the powers and duties of the board under this act c the travelling and other allowances payable to persons associated under subsection 8 of section 4 or coopted under subsection 2 of section 7 d the pay and allowances and leave and other conditions of service of officers other than those appointed by the central government and other employees of the board e the maintenance of the accounts of the board f the maintenance of the registers and other records of the board and its various committees g the appointment by the board of agents to discharge, on its behalf, any of its functions h the persons by whom, and the manner in which, payments, deposits and investments may be made on behalf of the board. 1i the time within which full price for virginia tobacco shall be paid under clause b, and the unfair practices for the purpose of clause c, of section 13b. 3 no regulation made by the board shall have effect until it has been approved by the central government and published in the official gazette, and the central government, in approving a regulation, may make any change therein which appears to it to be necessary. 4 the central government may, by notification in the official gazette, cancel any regulation which it has approved and, thereupon, the regulation shall cease to have effect. 15 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1 ins. by act 57 of , s. 13 w.e.f. .

section 30. of the tobacco board act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this act should cease to be imposed or if it considers it necessary or expedient so to do in the public interest, the central government may, by notification in the official gazette, suspend or relax to a specified extent, for such period as may be specified in the notification, the operation of all or any of the provisions of this act, in all or any of the territories to which this act extends. 2 where the operation of any provision of this act has, under subsection 1, been suspended or relaxed, such suspension or relaxation may, at any time while this act remains in force, be removed by the central government by notification in the official gazette. 3 every notification issued under this section shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the previous operation of the notification.

section 32. of the tobacco board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the powers and functions of the vicechairman of the board b the term of office and other conditions of service of members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, members c the powers which may be exercised and the duties which shall be performed by the executive director and the secretary d the circumstances in which and the authority by which a member may be removed e the holding of a minimum number of meetings of the board every year f the procedure to be followed at the meetings of the board for the conduct of business and the number of members which shall form a quorum at a meeting g the maintenance by the board of records of business transacted by the board and the submission of copies thereof to the central government 1ga the specifications with regard to grading work referred to in section 11b h the matters referred to in section 14 2hh the manner of collection of fees under subsection 2 of section 14a i the powers of the board, its chairman, the executive director and committees of the board with respect to the incurring of expenditure j the conditions subject to which the board may incur expenditure outside india 3ja the amounts for the purposes of the proviso to section 18a k the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned l the form and manner in which the accounts should be maintained by the board m the deposit of the funds of the board in banks and the investment of such funds n the conditions to be observed by the board in borrowing money o the conditions subject to which, and the manner in which, contracts may be entered into by or on behalf of the board p the additional matters in respect of which the board may undertake measures in the discharge of its functions q the remuneration and other allowances payable to the person or persons referred to in clause b of subsection 2 of section 9 r the form and manner of, and the particulars to be contained in, any returns or reports to be made to the board under this act s the collection of any information or statistics in respect of tobacco or tobacco products t any other matter which has to be, or may be, prescribed by, or provided for by rules under, this act. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 ins. by act 57 of , s. 12 w.e.f. . 2 ins. by act 36 of , s. 6 w.e.f. . 3 ins. by act 57 of , s. 12 w.e.f. .

section 4. of the east punjab urban rent restriction act extension to chandigarh act : 1 notwithstanding anything contained in any judgment, decree or order of any court, anything done or any action taken including any notification or direction issued or rents fixed or permission granted or order made or purported to have been done or taken under the act shall be deemed to be as valid and effective as if the provisions of this act had been in force at all material times when such thing was done or such action was taken. 2 nothing in this act shall render any person guilty of any offence for any contravention of the provisions of the act which occurred before the commencement of this act.

The East Punjab Urban Rent Restriction Act (Extension to Chandigarh) Act, 1974

section 3. of the east punjab urban rent restriction act extension to chandigarh act : notwithstanding anything contained in any judgment, decree or order of any court, the act shall, subject to the modifications specified in the schedule, be in force in, and be deemed to have been in force with effect from the 4th day of november, in, the union territory of chandigarh as if the provisions of the act as so modified had been included in and formed part of this section and as if this section had been in force at all material times.

section 1. of the east punjab urban rent restriction act extension to chandigarh act : this act may be called the east punjab urban rent restriction act extension to chandigarh act, .

section 2. of the east punjab urban rent restriction act extension to chandigarh act : in this act, the act means the east punjab urban rent restriction act, east punjab act iii of as it extended to, and was in force in, certain areas in the prereorganisation state of punjab being areas which were administered by municipal committees, cantonment boards, town committees or notified area committees or areas notified as urban areas for the purposes of that act immediately before the 1st day of november, .

section 8. of the bonded labour system abolition act : 1 no person who has been freed and discharged under this act from any obligation to render any bonded labour, shall be evicted from any homestead or other residential premises which he was occupying immediately before the commencement of this act as part of the consideration for the bonded labour. 2 if, after the commencement of this act, any such person is evicted by the creditor from any homestead or other residential premises, referred to in subsection 1, the executive magistrate in charge of the subdivision within which such homestead or residential premises is situated shall, as early as practicable, restore the bonded labourer to the possession of such homestead or other residential premises.

section 1. of the bonded labour system abolition act : show related subordinates 1 this act may be called the bonded labour system abolition act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 25th day of october, .

section 2. of the bonded labour system abolition act : in this act, unless the context otherwise requires, a advance means an advance, whether in cash or in kind, or partly in cash or partly in kind, made by one person hereinafter referred to as the creditor to another person hereinafter referred to as the debtor b agreement means an agreement whether written or oral, or partly written and partly oral between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. explanation.the existence of an agreement between the debtor and creditor is ordinarily presumed, under the social custom, in relation to the following forms of forced labour, namely: adiyamar, baramasia, basahya, bethu, bhagela, cherumar, garrugalu, hali, hari, harwai, holya, jana, jeetha, kamiya, khunditmundit, kuthia, lakhari, munjhi, mat, munish system, nitmajoor, paleru, padiyal, pannayilal, sagri, sanji,sanjawat, sewak, sewakia, seri, vetti c ascendant or descendant, in relation to a person belonging to a matriarchal society, means the person who corresponds to such expression in accordance with the law of succession in force in such society d bonded debt means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of, the bonded labour system e bonded labour means any labour or service rendered under the bonded labour system f bonded labourer means a labourer who incurs, or has, or is presumed to have, incurred, a bonded debt g bonded labour system means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that, i in consideration of an advance obtained by him or by any of his lineal ascendants or descendants whether or not such advance is evidenced by any document and in consideration of the interest, if any, due on such advance, or ii in pursuance of any customary or social obligation, or iii in pursuance of an obligation devolving on him by succession, or iv for any economic consideration received by him or by any of his lineal ascendants or descendants, or v by reason of his birth in any particular caste or community, he would 1 render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or 2 forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or 3 forfeit the right to move freely throughout the territory of india, or 4 forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor. 1 explanation.for the removal of doubts, it is hereby declared that any system of forced, or partly forced labour under which any workman being contract labour as defined in clause b of subsection 1 of section 2 of the contract labour regulation and abolition act, 37 of , or an interstate migrant workman as defined in clause e of subsection 1 of section 2 of the interstate migrant workmen regulation of employment and conditions of service act, 30 of , is required to render labour or service in circumstances of the nature mentioned in subclause 1 of this clause or is subjected to all or any of the disabilities referred to in subclauses 2 to 4, is bonded labour system within the meaning of this clause h family, in relation to a person, includes the ascendant and descendant of such person i nominal wages, in relation to any labour, means a wage which is less than, a the minimum wages fixed by the government, in relation to the same or similar labour, under any law for the time being in force, and b where no such minimum wage has been fixed in relation to any form of labour, the wages that are normally paid, for the same or similar labour, to the labourers working in the same locality 1. explanation added by act 73 of , s. 2 w.e.f. .

section 7. of the bonded labour system abolition act : 1 all property vested in a bonded labourer which was, immediately before the commencement of this act under any mortgage, charge, lien or other incumbrances in connection with any bonded debt shall, in so far as it is relatable to the bonded debt, stand freed and discharged from such mortgage, charge, lien or other incumbrances, and where any such property was, immediately before the commmencement of this act, in the possession of the mortgagee or the holder of the charge, lien or incumbrance, such property shall except where it was subject to any other charge, on such commencement, be restored to the possession of the bonded labourer. 2 if any delay is made in restoring any property, referred to in subsection 1, to the possession of the bonded labourer, such labourer shall be entitled, on and from the date of such commencement, to recover from the mortgagee or holder of the lien, charge or incumbrance, such mesne profits as may be determined by the civil court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction such property is situated.

section 3. of the bonded labour system abolition act : the prvisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act, or in any instrument having effect by virtue of any enactment other than this act.

section 5., to be void. of the bonded labour system abolition act : on the commencement of this act, any custom or tradition or any contract, agreement or other instrument whether entered into or executed before or after the commencement of this act, by virtue of which any person, or any member of the family or dependant of such person, is required to do any work or render any service as a bonded labourer, shall be void and inoperative.

section 9. of the bonded labour system abolition act : 1 no creditor shall accept any payment against any bonded debt which has been extinguished or deemed to have been extinguished or fully satisfied by virtue of the provisions of this act. 2 whoever contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to three years and also with fine. 3 the court, convicting any person under subsection 2 may, in addition to the penalties which may be imposed under that subsection, direct the person to deposit, in court, the amount accepted in contravention of the provisions of subsection 1, within such period as may be specified in the order for being refunded to the bonded labourer.

section 10. of the bonded labour system abolition act : the state government may confer such powers and impose such duties on a district magistrate as may be necessary to ensure that the provisions of this act are properly carried out and the district magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer so specified.

section 4. of the bonded labour system abolition act : 1 on the commencement of this act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render any bonded labour. 2 after the commencement of this act, no person shall a make any advance under, or in pursuance of, the bonded labour system, or b compel any person to render any bonded labour or other form of forced labour.

section 6. of the bonded labour system abolition act : 1 on the commencement of this act, every obligation of a bonded labourer to repay any bonded debt, or such part of any bonded debt as remains unsatisfied immediately before such commencement, shall be deemed to have been extinguished. 2 after the commencement of this act, no suit or other proceeding shall lie in any civil court or before any other authority for the recovery of any bonded debt or any part thereof. 3 every decree or order for the recovery of bonded debt, passed before the commencement of this act and not fully satisfied before such commencement, shall be deemed, on such commencement, to have been fully satisfied. 4 every attachment made before the commencement of this act, for the recovery of any bonded debt, shall, on such commencement, stand vacated and, where, in pursuance of such attachment, any movable property of the bonded labourer was seized and removed from his custody and kept in the custody of any court or other authority pending sale thereof, such movable property shall be restored, as soon as may be practicable after such commencement, to the possession of the bonded labourer. 5 where, before the commencement of this act, possession of any property belonging to a bonded labourer or a member of his family or other dependant was forcibly taken over by any creditor for the recovery of any bonded debt, such property shall be restored, as soon as may be practicable after such commencement, to the possession of the person from whom it was seized. 6 if restoration of the possession of any property referred to in subsection 4 or subsection 5 is not made within thirty days from the commencement of this act, the aggrieved person may, within such time as may be prescribed, apply to the prescribed authority for the restoration of the possession of such property and the prescribed authority may, after giving the creditor a reasonable opportunity of being heard, direct the creditor to restore to the applicant the possession of the concerned property within such time as may be specified in the order. 7 an order made by any prescribed authority, under subsection 6, shall be deemed to be an order made by a civil court and may be executed by the court of the lowest pecuniary jurisdiction within the local limits of whose jurisdiction the creditor voluntarily resides or carries on business or personally works for gain. 8 for the avoidance of doubts, it is hereby declared that, where any attached property was sold before the commencement of this act, in execution of a decree or order for the recovery of a bonded debt, such sale shall not be affected by any provision of this act: provided that the bonded labourer, or an agent authorised by him in this behalf, may, at any time within five years from such commencement, apply to have the sale set aside on his depositing in court, for payment to the decreeholder, the amount specified in the proclamation of sale, for the recovery of which the sale was ordered, less any amount, as well as mesne profits, which may, since the date of such proclamation of sale, have been received by the decreeholder. 9 where any suit or proceeding, for the enforcement of any obligation under the bonded labour system, including a suit or proceeding for the recovery of any advance made to a bonded labourer, is pending at the commencement of this act, such suit or other proceeding shall, on such commencement, stand dismissed. 10 on the commencement of this act, every bonded labourer who has been detained in civil prison, whether before or after judgment, shall be released from detention forthwith.

section 13. of the bonded labour system abolition act : show related subordinates 1 every state government shall, by notification in the official gazette, constitute such number of vigilance committees in each district and each subdivision as it may think fit. 2 each vigilance committee, constituted for a district, shall consist of the following members, namely: a the district magistrate, or a person nominated by him, who shall be the chairman b three persons belonging to the scheduled castes or scheduled tribes and residing in the district, to be nominated by the district magistrate c two social workers, resident in the district, to be nominated by the district magistrate d not more than three persons to represent the official or nonofficial agencies in the district connected with rural development, to be nominated by the state government e one person to represent the financial and credit institutions in the district, to be nominated by the district magistrate. 3 each vigilance committee, constituted for a subdivision, shall consist of the following members, namely: a the subdivisional magistrate, or a person nominated by him, who shall be the chairman b three persons belonging to the scheduled castes or scheduled tribes and residing in the subdivision, to be nominated by the subdivisional magistrate c two social workers, resident in the subdivision, to be nominated by the subdivisional magistrate d not more than three persons to represent the official or nonofficial agencies in the subdivision connected with rural development to be nominated by the district magistrate e one person to represent the financial and credit institutions in the subdivision, to be nominated by the subdivisional magistrate f one officer specified under section 10 and functioning in the subdivision. 4 each vigilance committee shall regulate its own procedure and secretarial assistance, as may be necessary, shall be provided by a the district magistrate, in the case of a vigilance committee constituted for the district b the subdivisional magistrate, in the case of a vigilance committee constituted for the subdivision. 5 no proceeding of a vigilance committee shall be invalid merely by reason of any defect in the constitution, or in the proceedings, of the vigilance committee.

section 18. of the bonded labour system abolition act : whoever enforces, after the commencement of this act, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependant of such person is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour was extracted from him.

section 11. of the bonded labour system abolition act : the district magistrate authorised by the state government under section 10 and the officer specified by the district magistrate under that section shall, as far as practicable, try to promote the welfare of the freed bonded labourer by securing and protecting the economic interests of such bonded labourer so that he may not have any occasion or reason to contract any further bonded debt.

section 12. of the bonded labour system abolition act : it shall be the duty of every district magistrate and every officer specified by him under section 10 to inquire whether, after the commencement of this act, any bonded labour system or any other form of forced labour is being enforced by, or on behalf of, any person resident within the local limits of his jurisdiction and if, as a result of such inquiry, any person is found to be enorcing the bonded labour system or any other system of forced labour, he shall forthwith take such action as may be necessary to eradicate the enforcement of such forced labour.

section 14. of the bonded labour system abolition act : 1 the functions of each vigilance committee shall be, a to advise the district magistrate or any officer authorised by him as to the efforts made, and action taken, to ensure that the provisions of this act or of any rule made thereunder are properly implemented b to provide for the economic and social rehabilitation of the freed bonded labourers c to coordinate the functions of rural banks and cooperative societies with a view to canalising adequate credit to the freed bonded labourer d to keep an eye on the number of offences of which cognizance has been taken under this act e to make a survey as to whether there is any offence of which cognizance ought to be taken under this act f to defend any suit instituted against a freed bonded labourer or a member of his family or any other person dependant on him for the recovery of the whole or part of any bonded debt or any other debt which is claimed by such person to be bonded debt. 2 a vigilance committee may authorise one of its members to defend a suit against a freed bonded labourer and the member so authorised shall be deemed, for the purpose of such suit, to be the authorised agent of the freed bonded labourer.

section 19. of the bonded labour system abolition act : whoever, being required by this act to restore any property to the possession of any bonded labourer, omits or fails to do so, within a period of thirty days from the commencement of this act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day during which possession of the property was not restored to him.

section 15. of the bonded labour system abolition act : whenever any debt is claimed by a bonded labourer, or a vigilance committee, to be a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on the creditor.

section 16. of the bonded labour system abolition act : whoever, after the commencement of this act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.

section 17. of the bonded labour system abolition act : whoever advances, after the commencement of this act, any bonded debt shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.

section 20. of the bonded labour system abolition act : whoever abets any offence punishable under this act shall, whether or not the offence abetted is committed, be punishable with the same punishment as is provided for the offence which has been abetted. explanation,for the purpose of this act, abetment has the meaning assigned to it in the indian penal code 45 of .

section 21. of the bonded labour system abolition act : 1 the state government may confer, on an executive magistrate, the powers of a judicial magistrate of the first class or of the second class for the trial of offences under this act and, on such conferment of powers, the executive magistate, on whom the powers are so conferred, shall be deemed, for the purposes of the code of criminal procedure, 2 of , to be a judicial magistrate of the first class, or of the second class, as the case may be. 2 an offence under this act may be tried summarily by a magistrate.

section 22. of the bonded labour system abolition act : every offence under this act shall be cognizable and bailable.

section 27. of the bonded labour system abolition act : 1 the bonded labour system abolition ordinance, 17 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance including any notification published, direction or nomination made, power conferred, duty imposed or officer specified shall be deemed to have been done or taken under the corresponding provisions of this act.

section 23. of the bonded labour system abolition act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director , in relation to a firm, means a partner in the firm.

section 24. of the bonded labour system abolition act : no suit, prosecution or other legal proceeding shall lie against any state government or any officer of the state government or any member of the vigilance committee for anything which is in good faith done or intended to be done under this act.

section 26. of the bonded labour system abolition act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely: a the authority to which application for the restoration of possession of property referred to in subsection 4, or subsection 5, of section 6 is to be submitted in pursuance of subsection 6 of that section b the time within which application for restoration of possession of property is to be made, under subsection 6 of section 6, to the prescribed authority c steps to be taken by vigilance committees under clause a of subsection 1 of section 14, to ensure the implementation of the provisions of this act or of any rule made thereunder d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 25. of the bonded labour system abolition act : no civil court shall have jurisdiction in respect of any matter to which any provision of this act applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this act.

section 8. of the sick textile undertakings nationalisation act : show related subordinates the owner of every sick textile undertaking shall be given by the central government, in cash and in the manner specified in chapter vi, for the transfer to, and vesting in, it, under subsection 1 of section 3, of such sick textile undertaking and the right, title and interest of the owner in relation to such sick textile undertaking, an amount equal to the amount specified against it in the corresponding entry in column 4 of the first schedule.

section 1. of the sick textile undertakings nationalisation act : 1 this act may be called the sick textile undertakings nationalisation act, . 2 the provisions of sections 32 and 33 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 1st day of april, .

section 2. of the sick textile undertakings nationalisation act : 1 in this act, unless the context otherwise requires, a appointed day means the 1st day of april, b bank means i the state bank of india constituted under the state bank of india act, 23 of ii a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of iii a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of iv any other bank, being a scheduled bank as defined in clause e of section 2 of the reserve bank of india act, 2 of c commissioner means a commissioner of payments appointed under section 17 d custodian means a custodian appointed under section 5 of the sick textile undertakings taking over of management act, 72 of , and includes the person, or body of persons authorised by the central government to take over the management of a textile undertaking under the industries development and regulation act, 65 of e national textile corporation means the national textile corporation limited, formed and registered under the companies act, 1 of f notification means a notification published in the official gazette g ordinance means the sick textile undertakings nationalisation ordinance, 12 of h owner, when used in relation to a sick textile undertaking, means any person or firm who or which is, immediately before the appointed day, the immediate proprietor or lessee or occupier of the sick textile undertaking or any part thereof, and in the case of a textile company which is being wound up or the business whereof is being carried on by a liquidator or receiver, includes such liquidator or receiver, and also includes any agent or manager or such owner but does not include any person or body of persons authorised under the industries development and regulation act, 65 of , or the sick textile undertakings taking over of management act, 72 of , to take over the management of the whole or any part of the sick textile undertaking i prescribed means prescribed by rules made under this act j sick textile undertaking means a textile undertaking, specified in the first schedule, the management of which has, before the appointed day, been taken over by the central government under the industries development and regulation act, 65 of , or as the case may be, vested in the central government under the sick textile undertakings taking over of management act, 72 of k specified date means such date as the central government may, for the purpose of any provision of this act, by notification, specify and different dates may be specified for different provisions of this act l subsidiary textile corporation means a textile corporation formed by the national textile corporation as its subsidiary m textile includes yarn or fabrics made either wholly or partly of cotton, wool, jute, synthetic and artificial manmade fibres n textile company means a company specified in column 3 of the first schedule as owning the textile undertaking specified in the corresponding entry in column 2 of that schedule o textile undertaking means an undertaking engaged in the manufacture of textiles and to which the provisions of the factories act, 63 of , apply. 2 words and expressions used but not defined in this act and defined in the industries development and regulation act, 65 of , shall have the meanings respectively assigned to them in that act. 3 words and expressions used but not defined either in this act or in the industries development and regulation act, 65 of , but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in the companies act, .

section 7. of the sick textile undertakings nationalisation act : 1 an amount equal to the value of the assets of a sick textile undertaking transferred to, and vested in, the national textile corporation under subsection 2 of section 3, shall be deemed to be the contribution made by the central government to the equity capital of the national textile corporation and for the contribution so made, the national textile corporation shall issue if necessary after amending its memorandum and articles of association to the central government paidup shares, in its equity capital, having a face value equal to the amount specified against the sick textile undertaking in the corresponding entry in column 4 of the first schedule. 2 where any liability assumed by the central government under this act is taken over by the national textile corporation under section 27, the central government shall surrender to that corporation the shares issued to it under subsection 1 having the face value equal to the amount to the extent to which the liability has been so taken over by the national textile corporation and thereupon the share capital of the national textile corporation shall, to the extent of the face value of the shares so surrendered, stand reduced.

section 4. of the sick textile undertakings nationalisation act : show related subordinates 1 the sick textile undertaking referred to in section 3 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the owner of the sick textile undertaking, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities and obligations specified in subsection 2 of section 5. 2 all property as aforesaid which have vested in the central government under subsection 1 of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn. 3 where any licence or other instrument in relation to a sick textile undertaking had been granted at any time before the date on which the ordinance was promulgated, to an owner by the central government or a state government or any other authority, the national textile corporation shall, on and from such date, be deemed to be substituted in such licence or other instrument in place of the owner referred to therein as if such licence or other instrument had been granted to it and shall hold such licence or the sick textile undertaking specified in such other instrument for the remainder of the period for which the owner would have held such licence or the sick textile undertaking under such other instrument. 4 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in or in relation to any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 5 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 2 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in the first schedule, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter specified in subsection 2 of section 5 in respect of the sick textile undertaking, instituted or preferred by or against the textile company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the sick textile undertaking or of anything contained in this act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the national textile corporation. 7 any person, who, on the date on which the ordinance was promulgated, was in possession of, or had under his custody or control, the whole or any part of any sick textile undertaking referred to in section 3, the management of which could not be taken over by the central government by reason of any decree, order or injunction of any court or otherwise, shall deliver forthwith the possession of such undertaking or part and all books of account, registers and all other documents of whatever nature relating to such undertaking or part to the central government or the national textile corporation or such other person as the central government or the national textile corporation, as the case may be, may specify in this behalf. 18 notwithstanding the fact that the textile operations have been discontinued in any sick textile undertaking being revived, shall for all effects and purposes be deemed that the textile operations are being continued and no suit or proceeding shall be instituted or if instituted be maintainable against the national textile corporation on the ground that it has discontinued such activity in the sick textile undertaking. 9 for the removal of doubts, it is hereby declared that the continued deemed vesting of the leasehold land in the central government shall not affect, impair or in any manner prejudice the rights of the national textile corporation to prosecute or defend any proceedings as a subsequent vestee in respect of any such leasehold rights and no such proceedings shall fail only on account of the nonimpleadment of that government. 1. ins. by act 36 of , s. 3 w.e.f. .

section 5. of the sick textile undertakings nationalisation act : 1 every liability, other than the liability specified in subsection 2 of the owner of a sick textile undertaking, in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the central government or the national textile corporation. 2 any liability arising in respect of a loans advanced by the central government, or a state government, or both, to a sick textile undertaking together with interest due thereon after the management of such undertaking had been taken over by the central government. b amounts advanced to a sick textile undertaking after the management of such undertaking had been taken over by the central government, by the national textile corporation or by a state textile corporation, or by both, together with interest due thereon. c wages, salaries and other dues of employees of the sick textile undertaking, in respect of any period after the management of such undertaking had been taken over by the central government, shall, on and from the appointed day, be the liability of the central government and shall be discharged, for and on behalf of that government, by the national textile corporation as and when repayment of such loans or amounts becomes due or as and when such wages, salaries or other dues become due and payable. 3 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this section or in any other section of this act, no liability, other than the liability specified in subsection 2, in relation to a sick textile undertaking in respect of any period prior to the appointed day, shall be enforceable against the central government or the national textile corporation b no award, decree or order of any court, tribunal or other authority in relation to any sick textile undertaking passed after the appointed day in respect of any matter, claim or dispute, in relation to any matter not referred to in subsection 2, which arose before that day, shall be enforceable against the central government or the national textile corporation c no liability of any sick textile undertaking or any owner thereof for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the central government or the national textile corporation. explanation. in this section, state textile corporation means a corporation, formed and registered under the companies act, 1 of , in a state, which is in charge of the management of a sick textile undertaking either as a person authorised under the industries development and regulation act, 65 of , or as the custodian under the sick textile undertakings taking over of management act, 72 of and includes the west bengal state textile corporation limited which has advanced amounts to sick textile undertakings in the state.

section 9. of the sick textile undertakings nationalisation act : show related subordinates 1 in consideration of the retrospective operation of the provisions of sections 3, 4 and 5, there shall be given, in cash, by the central government, to the owner of every sick textile undertaking, the management of which was taken over by the central government, an amount equal to an amount calculated at the rate specified in section 6 of the sick textile undertakings taking over of management act, 72 of , for the period commencing on the appointed day and ending on the date on which the ordinance was promulgated. 2 in addition to the amount referred to in section 8, there shall be given by the central government, in cash, to the owner of every sick textile undertaking, simple interest at the rate of four per cent. per annum on the amount specified against such owner in the corresponding entry in column 4 of the first schedule for the period commencing on the date on which the ordinance was promulgated, and ending on the date on which payment of such amount is made by the central government to the commissioner. 3 the amount representing interest calculated at the rate specified in subsection 2 shall be given in addition to the amount specified in the first schedule.

section 3. of the sick textile undertakings nationalisation act : show related subordinates 1 on the appointed day, every sick textile undertaking and the right, title and interest of the owner in relation to every such sick textile undertaking shall stand transferred to, and shall vest absolutely in, the central government. 2 every sick textile undertaking which stands vested in the central government by virtue of subsection 1 shall, immediately after it has so vested, stand transferred to, and vested in, the national textile corporation. 13 notwithstanding the transfer and vesting of any sick textile undertaking to the national textile corporation by virtue of subsection 2, the leasehold rights of the sick textile undertakings shall continue to remain vested in the central government on payment of leasehold rents and shall be discharged, for and on behalf of that government, by the national textile corporation as and when payment of such leasehold rents or any amount becomes due and payable. 4 subject to subsection 3, no court shall have jurisdiction to order divestment from the national textile corporation of the property vested in it by the central government. 1. ins. by act 36 of , s. 2 w.e.f. .

section 11., of sick textile undertakings. of the sick textile undertakings nationalisation act : the national textile corporation or any person which that corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of a sick textile undertaking, the right, title and interest of an owner in relation to which have vested in that corporation under subsection 2 of section 3, and do all such things as the owner of the sick textile undertaking is authorised to exercise and do.

section 6. of the sick textile undertakings nationalisation act : 1 the national textile corporation may, if it considers it necessary so to do, form subsidiary corporations under the companies act, 1 of , and register them under that act. 2 the national textile corporation may, by order in writing, transfer any sick textile undertaking or part thereof to a subsidiary textile corporation and any such transfer shall be subject to such terms and conditions as may be specified in the said order. 3 the subsidiary textile corporation shall, on and from the date of such transfer, be deemed to be substituted in the licence or other instrument referred to in subsection 3 of section 4 in place of the national textile corporation as if such licence or other instrument had been granted to the subsidiary textile corporation, and shall hold such licence or other instrument for the remainder of the period for which the national textile corporation would have held such licence or other instrument. 4 on the transfer to a subsidiary textile corporation of any sick textile undertaking or any part thereof, the liabilities required to be discharged by the national textile corporation under subsection 2 of section 5, shall, in so far as they relate to the sick textile undertaking or part thereof so transferred to the subsidiary textile corporation, be discharged, on and from the date of such transfer, by the subsidiary textile corporation as and when any such liability is required to be discharged. 5 save as otherwise expressly provided in this act, references in this act to the national textile corporation shall, in respect of any sick textile undertaking or any part thereof which is transferred to a subsidiary textile corporation, be construed as references to the subsidiary textile corporation.

section 14. of the sick textile undertakings nationalisation act : 1 every person who is a workman within the meaning of the industrial disputes act, 14 of , and has been, immediately before the appointed day, employed in a sick textile undertaking shall become, on and from the appointed day, an employee of the national textile corporation, and shall hold office or service in the national textile corporation with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such sick textile undertaking had not been transferred to, and vested in, the national textile corporation, and shall continue to do so unless and until his employment in the national textile corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the national textile corporation. 2 every person who is not a workman within the meaning of the industrial disputes act, 14 of , and who has been, immediately before the appointed day, employed in a sick textile undertaking shall, in so far as such person is employed in connection with the sick textile undertaking which has vested in the national textile corporation, become, as from the appointed day, an employee of the national textile corporation and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the sick textile undertaking if it had not vested in the national textile corporation and shall continue to do so unless and until his employment in the national textile corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the national textile corporation: provided that in respect of any sick textile undertaking the management of which could not be taken over by the central government under the sick textile undertakings taking over of management act, 72 of , by reason of any decree, order or injunction of any court, any agent, director including a managing or wholetime director, by whatever name called or manager shall not become an employee of the national textile corporation. 3 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in a sick textile undertaking to the national textile corporation shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 where, under the terms of any contract of service or otherwise, any person whose services become terminated or whose services become transferred to the national textile corporation by reason of the provisions of this act is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment, not being payment by way of gratuity or pension, such person may, except to the extent such liability has been taken over by the central government under section 5, enforce his claim against the owner of the sick textile undertaking but not against the central government or the national textile corporation.

section 10. of the sick textile undertakings nationalisation act : 1 where in pursuance of any decree, order or injunction of a court or otherwise, the central government or the custodian was prevented from taking over the management of any sick textile undertaking, the owner of such sick textile undertaking shall, a in the case of an undertaking the management of which was subsequently taken over by the central government at any time before the date on which the ordinance was promulgated, within sixty days from such date or b in the case of any other sick textile undertaking, the management of which could not be taken over by the central government before the date on which the ordinance was promulgated, within sixty days from such date, render accounts in relation to the period commencing on the date of the notified order under the industries development and regulation act, 5 of , or, as the case may be, on the date of commencement of the sick textile undertakings taking over of management act, 72 of , and ending on the date on which the management of the sick textile undertaking was taken over by the central government or the custodian, as the case may be, with regard to the i assets and stores of the sick textile undertaking acquired or sold during the said period ii textile sold or despatched during the said period and iii income derived by the owner from the sick textile undertaking during the said period. 2 if on examination of the accounts referred to in subsection 1, any income is found to have been derived by the owner from the sick textile undertaking during the period referred to in that subsection, such income shall be recoverable by the central government from the amount payable under section 8 to the owner of such sick textile undertaking and the debt due to the central government on this account shall rank as an unsecured debt. 3 if no account is rendered by the owner of a sick textile undertaking within the period referred to in subsection 1 or if the central government has any reason to believe that the account rendered by such owner is incorrect or false in material particulars, the central government may refer the matter to the commissioner and thereupon the commissioner shall determine the income derived by the owner from the sick textile undertaking during the period referred to in subsection 1, and take steps to recover the said income from the amount payable to the owner of the sick textile undertaking under section 8, as if the debt due to the central government on this account were an unsecured debt. 4 no mortgage, charge, lien or other incumbrance in relation to a sick textile undertaking or any asset thereof shall be binding on the central government or the national textile corporation if such mortgage, charge, lien or other incumbrance was created, at any time during the period in which the central government or the custodian was prevented, by any decree, order or injunction of a court or otherwise, from taking over the management of the said sick textile undertaking.

section 16. of the sick textile undertakings nationalisation act : where any sick textile undertaking or any part thereof is transferred under this act to a subsidiary textile corporation, every person referred to in subsection 1 and subsection 2 of section 14 shall, on and from the date of such transfer, become an employee of the subsidiary textile corporation, and the provisions of sections 14 and 15 shall apply to such employee as they apply to an employee of the national textile corporation as if references in the said sections to the national textile corporation were references to the subsidiary textile corporation.

section 11a. of the sick textile undertakings nationalisation act : 111a. special provision for disposal of assets of the sick textile undertakings in certain circumstances. if the national textile corporation considers it necessary or expedient for the better management, modernisation, restructuring or revival of a sick textile undertaking so to do, it may, with the previous sanction of the central government, transfer, mortgage, sell or otherwise dispose of any land, plant, machinery or any other assets of any of the sick textile undertakings: provided that the proceeds of no such transfer, mortgage, sale or disposal shall be utilised for any purpose other than the purpose for which the sanction of the central government has been obtained. 1. ins. by act 40 of , s. 2 w.e.f. .

section 12. of the sick textile undertakings nationalisation act : on the vesting of the management of a sick textile undertaking in the national textile corporation all persons in charge of the management of such sick textile undertaking immediately before such vesting shall be bound to deliver to the national textile corporation all assets, books of account, registers or other documents in their custody relating to the sick textile undertaking.

section 13. of the sick textile undertakings nationalisation act : the national textile corporation shall maintain the accounts of sick textile undertakings in accordance with the provisions of the companies act, 1 of .

section 15. of the sick textile undertakings nationalisation act : 1 where the owner of a sick textile undertaking has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in such sick textile undertaking the monies relatable to the employees, whose services have become transferred by or under this act to the national textile corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and shall vest in, the national textile corporation. 2 the monies which stand transferred, under subsection 1, to the national textile corporation shall be dealt with by that corporation in such manner as may be prescribed.

section 19. of the sick textile undertakings nationalisation act : 1 the national textile corporation shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to the sick textile undertaking, realised after the appointed day, notwithstanding that the realisations pertain to a period prior to the appointed day. 2 the national textile corporation may make a claim to the commissioner with regard to every payment made by the custodian after the appointed day but before the date on which the ordinance was promulgated for discharging any liability of the owner of a sick textile undertaking in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching under this act, to the matter in relation to which such liability has been discharged by the custodian. 3 save as otherwise provided in this act, the liabilities in relation to a sick textile undertaking in respect of any period prior to the appointed day which have not been discharged by the custodian shall be the liabilities of the owner of that sick textile undertaking.

section 18. of the sick textile undertakings nationalisation act : show related subordinates 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to the owner of a sick textile undertaking, an amount equal to the amount specified against the sick textile undertaking in the first schedule and shall also pay to the commissioner such sums as may be due to the owner of a sick textile undertaking under subsections 1 and 2 of section 9. 2 in relation to the sick textile undertakings, the management of which was taken over by the central government under the industries development and regulation act, 5 of , there shall be paid by the central government in addition to the amount referred to in subsection 1, to the commissioner, in cash, an amount calculated at the rate specified in section 6 of the sick textile undertakings taking over of management act, 72 of , for the period commencing on the date on which such management was taken over by the central government and ending on the appointed day. 3 in relation to the sick textile undertakings, the management of which was taken over by the central government under the sick textile undertakings taking over of management act, 72 of , there shall be paid by the central government in addition to the amount referred to in subsection 1, to the commissioner, in cash, such amount payable under section 6 of that act as remains unpaid in relation to the period commencing on the date on which such management was taken over by the central government and ending on the appointed day. 4 a deposit account shall be opened by the central government, in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account in the public account of india, and thereafter the said deposit account shall be operated by the commissioner. 5 separate records shall be maintained by the commissioner in respect of each sick textile undertaking in relation to which payments have been made to him under this act. 6 interest accruing on the amounts standing to the credit of the deposit account referred to in subsection 4 shall inure to the benefit of the owners of the sick textile undertakings. notifications yeardescriptionfiles notification

section 17. of the sick textile undertakings nationalisation act : 1 for the purpose of disbursing the amounts payable to the owner of each sick textile undertaking, the central government shall, by notification in the official gazette, a appoint such number of persons as it may think fit to be commissioners of payments and b define the local limits within which the commissioners of payments shall exercise the powers conferred, and perform the duties imposed, on them by or under this act. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act, and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india. 5 references in this act to the commissioner shall, where more than one commissioner has been appointed, be construed as references to the commissioner in relation to the sick textile undertaking within the local limits of the jurisdiction specified under clause b of subsection 1.

section 20. of the sick textile undertakings nationalisation act : show related subordinates every person having a claim against the owner of a sick textile undertaking shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter.

section 21. of the sick textile undertakings nationalisation act : the claims arising out of the matters specified in the second schedule shall have priorities in accordance with the following principles, namely: a category i will have precedence over all other categories, and category ii will have precedence over category iii and so on b the claims specified in each of the categories except category iv, shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly c the liabilities specified in category iv shall be discharged, subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, inter se, of such loans and d the question of payment of a liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 22. of the sick textile undertakings nationalisation act : 1 on receipt of the claims under section 20, the commissioner shall arrange the claims in the order of priority specified in the second schedule and examine the same in accordance with the said order. 2 if on examination of the claims, the commissioner is of the opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified by any lower category, he shall not be required to examine the liabilities in respect of such lower category.

section 23. of the sick textile undertakings nationalisation act : 1 after examining the claims with reference to the priority set out in the second schedule, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the commissioner. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the english language and one issue of the daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the time specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the sick textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he will hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the sick textile undertaking is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court for the state in which the sick textile undertaking is situated, and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 27. of the sick textile undertakings nationalisation act : 1 where any liability of the owner of a sick textile undertaking arising out of any item specified in category i of the second schedule is not discharged fully by the commissioner out of the amount paid to him under this act, the commissioner shall intimate in writing to the central government the extent of the liability which remains undischarged, and that liability shall be assumed by the central government. 2 the central government may, by order, direct the national textile corporation to take over any liability assumed by that government under subsection 1, and on receipt of such direction, it shall be the duty of, the national textile corporation to discharge such liability.

section 24. of the sick textile undertakings nationalisation act : after admitting a claim under this act, the amount due in respect of such claim shall be credited by the commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claim shall stand discharged.

section 25. of the sick textile undertakings nationalisation act : 1 if out of the monies paid to him in relation to a sick textile undertaking, there is a balance left after meeting the liabilities as specified in the second schedule, the commissioner shall disburse such balance to the owner of such sick textile undertaking. 2 before making any payment to the owner of any sick textile undertaking under subsection 1, the commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the person to receive the whole or any part of the amount referred to in sections 8 and 9, the commissioner shall refer the matter to the court and make the disbursement in accordance with the decision of the court. 3 for the removal of doubts, it is hereby declared that the entries in column 3 of the first schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to any sick textile undertaking specified in the corresponding entries in column 2 of the said schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such sick textile undertaking. 4 where any machinery, equipment or other property in a sick textile undertaking has vested in the national textile corporation, but such machinery, equipment or other property does not belong to the owner of such sick textile undertaking, the amount specified in column 4 of the first schedule against such sick textile undertaking shall, on a reference made to it by the commissioner, be apportioned by the court between the owner of such sick textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. explanation.in this section, court, in relation to a sick textile undertaking, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the sick textile undertaking is situated.

section 26. of the sick textile undertakings nationalisation act : any money paid to the commissioner which remains undisbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the commissioner to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 30. of the sick textile undertakings nationalisation act : 1 every contract entered into by the owner or occupier of any sick textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and eighty days from the date on which this act receives the assent of the president, cease to have effect unless such contract is before the expiry of that period, ratified, in writing, by the national textile corporation and in ratifying such contract the national textile corporation may, with the previous approval of the central government, make such alterations or modifications therein as it may think fit: provided that the national textile corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract, unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the sick textile undertaking. 2 the national textile corporation shall not omit to ratify a contract, and, shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 28. of the sick textile undertakings nationalisation act : notwithstanding the vesting, under this act, of a sick textile undertaking in the national textile corporation, a the custodian who has been managing the affairs of such undertaking before the date on which the ordinance was promulgated shall, until alternative arrangements have been made by the national textile corporation, continue to manage the affairs of such undertaking as if the custodian had been authorised by the national textile corporation to manage the affairs of such undertaking and b the custodian or any person authorised by him for this purpose shall, until alternative arrangements have been made by the national textile corporation, continue to be authorised to operate, in relation to the sick textile undertaking, any account of such undertaking in a bank as if such custodian or the person authorised by the custodian had been authorised by the national textile corporation to operate such account.

section 29. of the sick textile undertakings nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act or in any decree or order of any court, tribunal or authority.

section 31., to be void in certain cases. of the sick textile undertakings nationalisation act : 1 except with the prior approval of the central government, no owner of a sick textile undertaking, specified in the schedule to the sick textile undertakings taking over of management act, 72 of , the management of which could not be taken over by the central government by reason of any decree, order or injunction of any court or otherwise, shall, on and from the date of introduction of the sick textile undertakings nationalisation bill, , in the house of the people, transfer, by sale, mortgage or otherwise, any property or other assets forming part of the said sick textile undertaking and any such transfer without the previous approval of the central government shall be void and inoperative. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 32. of the sick textile undertakings nationalisation act : any person who, a having in his possession, custody or control any property forming part of a sick textile undertaking wrongfully withholds such property from the central government or the national textile corporation, or any person authorised by that government or corporation, as the case may be, in this behalf, or b wrongfully obtains possession of, or retains, any property forming part of the sick textile undertaking or wilfully withholds or fails to furnish to the central government, the national textile corporation or any person specified by that government, or corporation, as the case may be, any document relating to such sick textile undertaking which may be in his possession, custody or control or fails to deliver to the national textile corporation or any person specified by that corporation any assets, books of account, registers or other documents in his custody relating to the sick textile undertaking, or c wrongfully removes or destroys and property forming part of any sick textile undertaking or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 38. of the sick textile undertakings nationalisation act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president.

section 33. of the sick textile undertakings nationalisation act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 34. of the sick textile undertakings nationalisation act : no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the custodian or the national textile corporation or any subsidiary textile corporation or any officer or other person authorised by either of such corporations for anything which is, in good faith done or intended to be done under this act.

section 35. of the sick textile undertakings nationalisation act : no proceeding for the winding up of a textile company, the right, title and interest in relation to the sick textile undertaking owned by which have vested in the national textile corporation under this act or for the appointment of a receiver in respect of the business of the sick textile undertaking shall lie or be proceeded with in any court except with the consent of the central government.

section 37. of the sick textile undertakings nationalisation act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which the manner in which an intimation referred to in subsection 4 of section 4 shall be given b the manner in which monies in any provident or other fund referred to in section 15 shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 39. of the sick textile undertakings nationalisation act : it is hereby declared that this act is for giving effect to the policy of the state towards securing the principles specified in clause b of article 39 of the constitution. explanation.in this section, state has the same meaning as in article 12 of the constitution.

section 36. of the sick textile undertakings nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the power under section 37, may also be exercised by any person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 41. of the sick textile undertakings nationalisation act : 141. validation. notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, a the provisions of this act, as amended by the textile undertakings nationalisation laws amendment and validation act, 36 of , shall have and shall be deemed always to have effect for all purposes as if the provisions of this act, as amended by the said act, had been in force at all material times b any leasehold property divested from the national textile corporation to any person under the provisions of this act, as it stood immediately before the commencement of the textile undertakings nationalisation laws amendment and validation act, 36 of , shall stand transferred to and vest or continue to vest, free from all encumbrances, in the national textile corporation in the same manner as it was vested in the national textile corporation before such divesting of that property under the provisions of this act, as if the provisions of this act as amended by the aforesaid act, were in force at all material times c no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority, notwithstanding any undertaking filed by the national textile corporation in any court or tribunal or authority, directing divestment of such leasehold property from the national textile corporation vested in it under section 3 of this act, as it stood before the commencement of the textile undertakings nationalisation laws amendment and validation act, 36 of , and such leasehold property shall continue to vest in the national textile corporation under section 3 of this act, as amended by the aforesaid act, as if the said section was in force at all material times d any transfer of any property, vested in the national textile corporation, by virtue of any order of attachment, seizure or sale in execution of a decree of a civil court or orders of any tribunal or other authority in respect of leasehold property vested in the national textile corporation which is contrary to the provisions of this act, as amended by the textile undertakings nationalisation laws amendment and validation act, 36 of , shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the national textile corporation under this act. 1. ins. by act 36 of , s. 4 w.e.f. .

section 40. of the sick textile undertakings nationalisation act : 1 the sick textile undertakings nationalisation ordinance, ord. 12 of , as hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 8. of the regional rural banks act : 1 subject to the provisions of this act, the general superintendence, direction and management of the affairs and business of a regional rural bank shall vest in a board of directors who may exercise all the powers and discharge all the functions which may be exercised or discharged by the regional rural bank. 2 in discharging its functions, the board shall act on business principles and shall have due regard to public interest.

section 1. of the regional rural banks act : 1 this act may be called the regional rural banks act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 26th day of september, .

section 2. of the regional rural banks act : in this act, unless the context otherwise requires, a board, in relation to a regional rural bank, means the board of directors of that regional rural bank b chairman, in relation to a regional rural bank, means the individual appointed or reappointed under subsection 1 of section 11 as the chairman of that bank c director, in relation to a regional rural bank, means a member of the board of that bank 1 ca national bank means the national bank for agriculture and rural development established under section 3 of the national bank for agriculture and rural development act, 61 of d notified area means the local limits, specified under subsection 1 of section 3, within which a regional rural bank shall operate e prescribed means prescribed by rules made under this act f regional rural bank means a regional rural bank established under subsection 1 of section 3 g sponsor bank, in relation to a regional rural bank, means a bank by which such regional rural bank has been sponsored h state government means, i in relation to a regional rural bank established in a union territory, the central government ii in relation to a regional rural bank established in a state, the government of that state i words and expressions used herein and not defined but defined in the reserve bank of india act, 2 of , shall have the meanings respectively assigned to them in that act j words and expressions used herein and not defined either in this act or in the reserve bank of india act, 2 of , but defined in the banking regulation act, 10 of , shall have the meanings respectively assigned to them in the banking regulation act, 10 of . 1 ins. by act 1 of , s. 2 w.e.f. .

section 7. of the regional rural banks act : notwithstanding anything contained in the acts hereinafter mentioned in this section, the shares of a regional rural bank shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 2 of , and shall also be deemed to be approved securities for the purposes of the banking regulation act, 10 of .

section 6. of the regional rural banks act : 1 1 the issued capital of each regional rural bank shall, in the first instance, be such as may be fixed by the central government in this behalf, but it shall in no case be less than 2 one 2 one crore of rupees. 2 of the capital issued by a regional rural bank under subsection 1, fifty per cent. shall be subscribed by the central government fifteen per cent. by the concerned state government and thirtyfive per cent. by the sponsor bank. 3provided that in case the regional rural bank raises its capital from sources other than the central government or the state government or the sponsor bank, the shareholding of the central government and the sponsor bank shall not be less than fiftyone per cent.: provided further that the central government shall consult the concerned state government if the level of shareholding in the regional rural bank of such state government is reduced below fifteen per cent. 4 2a the central government may, in consultation with the sponsor bank and the state government, by notification, either raise or reduce the limit of shareholding of the central government, the state government or the sponsor bank specified in subsection 2: provided that the central government shall consult the concerned state government before reducing the limit of shareholding of such state government. 3 the board may, after consultation with the 5 national bank, the concerned state government and the sponsor bank and with the prior approval of the central government, from time to time, increase the issued capital of the regional rural bank and, where additional capital is issued, such capital shall also be subscribed in the same proportion as is specified in subsection 2 4 or, as the case may be, notified by the central government under subsection 2a. 1. subs. by act 1 of , s. 6, for subsection 1 w.e.f. . 2. subs. by act 14 of , s. 4, for twentyfive lakhs of rupees or exceed one crore of rupees w.e.f. . . ins. by s. 4, ibid. w.e.f. . 4. ins. by act 14 of , s. 4 w.e.f. . 5. subs. by act 1 of , s. 6, for reserve bank w.e.f. .

section 9. of the regional rural banks act : 1 the board of directors shall consist of the chairman appointed under subsection 1 of section 11, and the following other members, namely: 1 a two directors, who are not officers of the central government, state government, reserve bank, national bank, sponsor bank or any other bank, to be nominated by the central government 2 provided that no person shall be nominated as a director, if he is already a director on the board board of any other regional rural bank b one director, who is an officer of the reserve bank, to be nominated by that bank c one director, who is an officer of the national bank, to be nominated by that bank d two directors, who are officers of the sponsor bank, to be nominated by that bank and e two directors, who are officers of the concerned state government, to be nominated by that government: 2 f such number of directors elected by the shareholders other than the directors nominated by the central government, the state government, the sponsor bank and other institutions owned or controlled by the central government or the state government, whose names are entered in the register of shareholders of the regional rural bank at least ninety days before the date of the meeting in which the election of directors takes place on the following basis, namely: i where the total amount of equity share capital issued to such shareholders is ten per cent. or less of the total issued equity capital, one director shall be elected from such shareholders ii where the total amount of equity share capital issued to such shareholders is more than ten per cent. but less than twentyfive per cent. of the total issued equity capital, two directors shall be elected from the shareholders including the shareholders referred to in subclause i iii where the total amount of equity share capital issued to such shareholders is twentyfive per cent. or more of the total issued equity capital, three directors shall be elected from the shareholders including shareholders referred to in subclauses i and ii. 2 the central government may increase the number of members of the board so, however, that the number of directors does not exceed fifteen in the aggregate and also prescribe the manner in which the additional number may be filled in. 3 3 the central government may appoint an officer of the central government on the board of regional rural banks, if it considers necessary for the purposes of effective functioning of the regional rural banks. 1 subs. by s. 7, ibid., for clauses a, b and c w.e.f. . 2 ins. by act 14 of , s. 5 w.e.f. . 3 ins. by act 14 of , s. 5 w.e.f. .

section 3. of the regional rural banks act : 1 the central government may, if requested so to do by a sponsor bank, by notification in the official gazette, establish in a state or union territory, one or more regional rural banks with such name as may be specified in the notification and may, by the said or subsequent notification, specify the local limits within which each regional rural bank shall operate. 2 every regional rural bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract and may sue and be sued in its name. 1 3 it shall be the duty of the sponsor bank to aid and assist the regional rural bank, sponsored by it, by a subscribing to the share capital of such regional rural bank b training personnel of such regional rural bank and c providing such managerial and financial assistance to such regional rural bank 2 , as may be mutually agreed upon between the sponsor bank and the regional rural bank: 3 1. subs. by act 1 of , s. 3, for subsection 3 w.e.f. . 2. the words during the first five years of its functioning omitted by act 14 of , s. 2 w.e.f. . 3. the proviso omitted by s. 2, ibid. w.e.f. .

section 10. of the regional rural banks act : 1 10. term of office of director.a director nominated under clause a of subsection 1 of section 9 shall hold office during the pleasure of the central government and for such term, not exceeding three years, from the date on which he assumes his office, as the central government may specify at the time of his nomination and shall be eligible for renomination: provided that no such director shall hold office either continuously or intermittently for a period exceeding six years. 1. subs. by s. 6, ibid., for section 10 w.e.f. .

section 12. of the regional rural banks act : a person shall be disqualified for being appointed or, as the case may be, nominated as, and for being, a director, if he a is, or, at any time has been, adjudged insolvent or has suspended payment of his debt or has compounded with his creditors, or b is of unsound mind and stands so declared by a competent court, or c is, or has been, convicted of an offence which, in the opinion of the central government, involves moral turpitude.

section 5. of the regional rural banks act : the authorised capital of each regional rural bank shall be 1 two thousand crore of rupees, divided into two hundred crore of fully paidup shares of ten rupees each: provided that the central government may, after consultation with the 2 national bank and the sponsor bank, increase or reduce such authorised capital so, however, that the authorised capital shall not be reduced below 3 one crore of rupees, and the shares shall be, in all cases, fully paidup shares of ten rupees each. 1 subs. by act 14 of , s. 3, for five crores of rupees divided into five lakhs of fully paidup shares of one hundred rupees each w.e.f. . 2 subs. by act 1 of , s. 5, for reserve bank w.e.f. . 3 subs. by act 14 of , s. 3, for twentyfive lakhs of rupees, and the shares shall be, in all cases, fully paidup shares of one hundred rupees each w.e.f. .

section 4. of the regional rural banks act : 1 a regional rural bank shall have its head office at such place in the notified area as the central government may, after consultation with the 1 national bank and the sponsor bank, specify by notification in the official gazette. 2 a regional rural bank may, if it is of opinion that it is necessary so to do, establish its branches or agencies at any place in the notified area. 1. subs. by act 1 of , s. 4, for reserve bank w.e.f. .

section 11. of the regional rural banks act : 1 1 the sponsor bank shall appoint an individual to be the chairman of a regional rural bank and specify the period, not exceeding five years, for which such individual shall, subject to the provisions of subsection 4, hold office as the chairman: 2 provided that no appointment of such an individual shall be made, a if such an individual is an officer of the sponsor bank, except after consultation with the national bank b in any other case, except with the prior approval of the central government. 3 1a notwithstanding anything contained in subsection 1, a the sponsor bank shall have the right to terminate the term of office of the chairman at any time before the expiry of the period specified in subsection 1: provided that no such termination shall be made, a if the chairman is an officer of the sponsor bank, except after consultation with the national bank and b in any other case, except with the prior approval of the central government: provided further that where the chairman is not an officer of the central government, state government, reserve bank, national bank, sponsor bank or any other bank, he shall be given notice of not less than three months in writing or three months salary and allowances in lieu of such notice and b the chairman shall have the right to resign his office at any time before the expiry of the period specified in subsection 1 by giving to the sponsor bank, notice of not less than three months in writing. 2 the individual, appointed as a chairman under subsection 1, shall, on the expiry of the period specified under that subsection, be eligible for reappointment. 3 the chairman shall devote his whole time to the affairs of the regional rural bank and shall have, subject to the superintendence, control and direction of the board, the management of the whole of the affairs of the regional rural bank. 4 4 5 the sponsor bank may, at any time, remove the chairman from office: 6 provided that no such removal shall be made, a if the chairman is an officer of the sponsor bank, except after consultation with the national bank and b in any other case, except with the prior approval of the central government: provided further that no person shall be removed from his office, under this subsection, unless he has been given an opportunity of showing cause against his removal. 5 the chairman shall receive such salary and allowances and be governed by such terms and conditions of service as may be determined by the 7 the sponsor bank in consultation with the national bank. 6 if the chairman is, by infirmity or otherwise, rendered incapable of carrying out his duties or is absent, on leave or otherwise, in circumstances not involving the vacation of office, the central government may appoint another individual to act as the chairman during the absence of the firstmentioned chairman 1. subs. by act 1 of , s. 8, for the central government w.e.f. . 2. proviso ins. by s. 8, ibid. w.e.f. . 3. subs. by s. 8, ibid., for subsection 1a w.e.f. . 4. subs. by act 73 of , s. 6, for subsection 4 w.e.f. . 5. subs. by act 1 of , s. 8, for the central government w.e.f. . 6. subs. by s. 8, ibid., for provided that w.e.f. . 7. subs. by s. 8, ibid., for the central government w.e.f. .

section 13. of the regional rural banks act : 1 if a director a becomes subject to any disqualification specified in section 12, or b is absent without leave of the board for more than three consecutive meetings thereof, his seat shall thereupon become vacant. 1 2 a director may resign his office by giving notice thereof in writing to the authority by which he was nominated and, on such resignation being accepted, the director shall be deemed to have vacated his office. 1 subs. by s. 9, ibid., for subsection 2 w.e.f. .

section 19. of the regional rural banks act : 1 every regional rural bank shall cause its books to be closed and balanced as on the 1 31st day of march 2 or such other date in each year as the central government may, by notification in the official gazette, specify and shall appoint with the approval of the central government auditors for the audit of its accounts: 3 provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to, the books in respect of the concerned years. 2 every auditor of a regional rural bank shall be a person who is qualified to act as an auditor of a company under section 226 of the companies act, 1 of , and shall receive such remuneration as the regional rural bank may fix with the approval of the central government. 3 every auditor shall be supplied with a copy of the annual balancesheet and profit and loss account of the regional rural bank, and a list of all books kept by the regional rural bank, and it shall be the duty of the auditor to examine the balancesheet and vouchers relating thereto, and, in the performance of his duties, the auditor a shall have, at all reasonable times, access to the books, accounts and other documents of the regional rural bank b may, at the expense of the regional rural bank, employ accountants or other persons to assist him in investigating such accounts and c may, in relation to such accounts, examine the chairman or any officer or employee of the regional rural bank. 4 every auditor of a regional rural bank shall make a report to that bank upon the annual balancesheet and accounts and in every such report shall state, a whether, in his opinion, the balancesheet is a full and fair balancesheet containing all necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the regional rural bank, and, in case he had called for any explanation or information, whether it has been given and whether it is satisfactory b whether or not, the transactions of the regional rural bank, which have come to his notice, have been within the powers of that bank c whether or not, the returns received from the offices and branches of the regional rural bank have been found adequate for the purpose of his audit d whether the profit and loss account shows a true balance of profit or loss for the period covered by such accounts and e any other matter which he considers should be brought to the notice of the regional rural bank. 1. subs. by act 14 of , s. 7, for 31st day of december w.e.f. . 2. subs. by act 66 of , s. 33, for of each year w.e.f. . 3. ins. by s. 33, ibid. w.e.f. .

section 14. of the regional rural banks act : 1 the board of directors of a regional rural bank shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 2 the chairman of the regional rural bank shall preside over every meeting of the board, and, in his absence, such director as the chairman may generally, or in relation to any particular meeting, authorise in this behalf shall preside and, in the absence of both the chairman and the director so authorised, the directors present at the meeting shall elect one from among themselves to preside over the meeting. explanation.for the purposes of this subsection, absence from a meeting means nonattendance for any reason whatsoever at the meeting, or any part of the meeting during which any business is transacted. 3 all questions at a meeting of the board shall be decided by a majority of the votes of the directors present and voting and, in case of equality of votes, the person presiding shall have a second or casting vote. 4 no director shall, as a director, take part in the discussion of, or vote on, any contract, loan, arrangement or proposal entered into or to be entered into, by or on behalf of the regional rural bank, if he is, in any way, whether directly or indirectly, interested in the contract, loan, arrangement or proposal and, where a director is interested in any such matter, he shall, at the earliest possible opportunity, disclose to the board the nature of his interest in such contract, loan, arrangement or proposal, and where he does so, his presence at the meeting shall not count for the purpose of forming any quorum at the time of any such discussion or vote, and if he does vote, his vote shall be void: provided that nothing contained in this subsection shall apply to such director by reason only of his being i a shareholder other than a director holding not more than two per cent. of the paidup capital in any public company within the meaning of the companies act, 1 of , or any corporation established by or under any law for the time being in force in india or any cooperative society, with which the regional rural bank has entered into, or proposes to enter into, any contract, loan, arrangement or proposal or ii a director of the regional rural bank as such.

section 20. of the regional rural banks act : 1 1 every regional rural bank shall, within 2 three months from the date of the closure of its accounting year, or such further period, not exceeding three months, as may be permitted by the reserve bank, send to each of its shareholders a report as to its working and activities during the accounting year immediately preceding together with a copy of its balancesheet, profit and loss account and the auditors report in relation to the accounts of the said accounting year. 3 2 the central government shall cause every auditors report and report on the working and activities of each regional rural bank to be laid, as soon as may be after they are received, before each house of parliament. 1. s. 20 renumbered as subsection 1 thereof by act 81 of , s. 11 w.e.f. . 2. subs. by act 1 of , s. 12, for sixty days from the date of closure of its accounting year w.e.f. . 3. ins. by act 81 of , s. 11 w.e.f. .

section 15. of the regional rural banks act : the board may constitute such committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons, as it may think fit, for such purposes as it may decide.

section 16. of the regional rural banks act : 1 every director and every member of a committee other than the chairman shall be paid such fees and allowances as may be determined by the central government: provided that no fees shall be paid to any director, or member of a committee, if he is an officer of the central government, state government, the reserve bank, 1 national bank, sponsor bank or any other bank. 2 the allowances payable to a director or a member of a committee, who is an officer of the central government, state government, reserve bank, 1 national bank, sponsor bank or any other bank, shall be paid by the government or bank by which such officer is employed and the allowances and fees payable to any other director or member of a committee shall be payable by the concerned regional rural bank. 1 ins. by act 1 of , s. 10 w.e.f. .

section 22. of the regional rural banks act : for the purpose of the incometax act, 43 of , or any other enactment for the time being in force relating to any tax on income, profits or gains, a regional rural bank shall be deemed to be a cooperative society.

section 18. of the regional rural banks act : 1 every regional rural bank shall carry on and transact the business of banking as defined in clause b of section 5 of the banking regulation act, 10 of , and may engage in one or more forms of business specified in subsection 1 of section 6 of that act. 2 without prejudice to the generality of the provisions of subsection 1, every regional rural bank may, in particular, undertake the following types of business, namely: a the granting of loans and advances, particularly to small and marginal farmers and agricultural labourers, whether individually or in groups, and to cooperative societies, including agricultural marketing societies, agricultural processing societies, cooperative farming societies, primary agricultural credit societies or farmers service societies, for agricultural purposes or agricultural operations or for other purposes connected therewith b the granting of loans and advances, particularly to artisans, small entrepreneurs and persons of small means engaged in trade, commerce or industry or other productive activities, within the notified area in relation to the regional rural bank.

section 17. of the regional rural banks act : 1 a regional rural bank may appoint such number of officers and other employees as it may consider necessary or desirable 1 in such manner as may be prescribed for the efficient performance of its functions and may determine the terms and conditions of their appointment and service: provided that it shall be lawful for a sponsor bank, if requested so to do by a regional rural bank sponsored by it, to send, 2 such number of officers or other employees on deputation to the regional rural bank as may be necessary or desirable for the efficient performance of its functions: provided further that the remuneration of officers and other employees appointed by a regional rural bank shall be such as may be determined by the central government, and, in determining such remuneration, the central government shall have due regard to the salary structure of the employees of the state government and the local authorities of comparable level and status in the notified area. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or any other law for the time being in force, no award, judgment, decree, decision or order of any industrial tribunal, court or other authority, made before the commencement of this act, shall apply to the terms and conditions in relation to the persons appointed by a regional rural bank. 3 the officers and other employees of a regional rural bank shall exercise such powers and perform such duties as may be entrusted or delegated to them by the board. 1. ins. by s. 11, ibid. w.e.f. . 2. the words , during the first five years of the functioning of a regional rural bank, omitted by s. 11, ibid. w.e.f. .

section 21. of the regional rural banks act : after making provisions for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is, under law, necessary or which are usually provided for by banking companies, a regional rural bank may, out of its net profits, declare a dividend.

section 23d. of the regional rural banks act : 123d. liquidation of regional rural banks.where a notification is issued for the amalgamation of regional rural banks under subsection 1 of section 23a, the central government may, by a further notification in the official gazette, direct that on such date, as may be specified therein, the transferor regional rural banks, which by reason of amalgamation will cease to function, shall stand dissolved and such direction shall take effect notwithstanding anything to the contrary contained in section 26. 1. ins. by act 1 of , s. 13 w.e.f. .

section 23. of the regional rural banks act : notwithstanding anything contained in the interesttax act, 45 of , no regional rural bank shall be liable to pay any tax under that act.

section 23a. of the regional rural banks act : 123a. amalgamation of regional rural banks.1 notwithstanding anything contained in this act, if the central government, after consultation with the national bank, the concerned state government and the sponsor bank, is of the opinion that it is necessary in the public interest or in the interest of the development of the area served by any regional rural bank or in the interest of the regional rural banks themselves, that two or more regional rural banks should be amalgamated, that government may, by notification in the official gazette, provide for the amalgamation of such regional rural banks hereafter in this chapter referred to as the transferor regional rural banks into a single regional rural bank hereafter in this chapter referred to as the transferee regional rural bank with such constitution, property, powers, rights, interests, authorities and privileges and with such liabilities, duties and obligations, as may be specified in the notification. 2 every notification issued under subsection 1 shall indicate the date with effect from which the amalgamation shall become effective. 3 every notification issued under subsection 1 may also provide for all or any of the following matters, namely: a the continuance in service of all the employees of the transferor regional rural banks excepting such of them as not being workmen with the meaning of the industrial disputes act, 14 of are specifically mentioned in the notification in the transferee regional rural bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the date on which the amalgamation takes effect b notwithstanding anything contained in clause a, where any of the employees of the transferor regional rural banks, not being workmen within the meaning of the industrial disputes act, 14 of are specifically mentioned in the notification, or where any employee of the transferor regional rural banks has by notice in writing given to the transferee regional rural bank at any time before the expiry of a period of three months next following the date on which the amalgamation takes effect, intimated his intention of not becoming an employee of the transferee regional rural bank, the payment to such employee of compensation, if any, to which he is entitled under the industrial disputes act, , and such gratuity, provident fund and other retirement benefits ordinarily admissible to him under the rules or authorisations of the concerned transferor regional rural banks immediately before that date c the other terms and conditions for the amalgamation of regional rural banks and d the continuance by or against the transferee regional rural bank of any pending legal proceeding by or against any transferor regional rural banks and such consequential, incidental and supplemental provisions, as may, in the opinion of the central government, be necessary to give effect to the amalgamation. 4 every notification issued under subsection 1 shall, as soon as may be after it has been made, be laid before each house of parliament. 1. ins. by act 1 of , s. 13 w.e.f. .

section 25. of the regional rural banks act : 1 a regional rural bank shall observe, except as otherwise required by law, the practices and usages customary among bankers and, in particular, it shall not divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the regional rural bank to divulge. 2 every director, member of a committee or auditor, officer or other employee of a regional rural bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule to this act 1 3 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1 ins. by act 30 of , s. 2 and the schedule w.e.f. .

section 23b. of the regional rural banks act : 123b. notification under section 23a to be sufficient notice to concerned parties.1 a notification issued under subsection 1 of section 23a, shall constitute sufficient notice of the provisions thereof to all the parties concerned and shall be binding on the transferor regional rural banks and the transferee regional rural bank and to the depositors, creditors, employees and all other persons having dealings with such banks. 2 notwithstanding anything contained in the transfer of property act, 4 of or the registration act, 16 of , any notification issued under subsection 1 of section 23a shall be sufficient conveyance, in accordance with the provisions of the notification, of the business, properties, assets and liabilities, rights, interests, powers, privileges, benefits and obligations of whatever nature of the transferor regional rural banks to the transferee regional rural bank. 3 on and from the date on which the amalgamation takes effect under section 23a, any reference to the transferor regional rural banks in any agreement, conveyance, assurance, power of attorney or any other document of whatsoever nature, shall be deemed to be a reference to the transferee regional rural bank and the rights and obligations of the transferor regional rural banks shall be deemed to be the rights and obligations of the transferee regional rural bank to the extent specified in the said amalgamation. 1. ins. by act 1 of , s. 13 w.e.f. .

section 23c. of the regional rural banks act : 123c. cessation of business of transferor regional rural banks.on and from the date on which the amalgamation takes effect under section 23a, the transferor regional rural banks shall cease to carry on business, including that of making of any payment to any depositors or discharge any liability or obligation to the creditors except to the extent as may be necessary for the implementation of the provisions of the said amalgamation. 1. ins. by act 1 of , s. 13 w.e.f. .

section 28. of the regional rural banks act : 1 a director or a member of a committee of a regional rural bank shall not be responsible for any loss or expense caused to such bank by insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of a regional rural bank or by the insolvency or wrongful act of any customer or debtor or anything done in, or in relation to, the execution of the duties of his office, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member. 2 the chairman of a regional rural bank and every officer of the central government or state government or an officer of the reserve bank 1 or the national bank or the sponsor bank and every officer or other employee of a regional rural bank shall be indemnified by such bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties except such as have been caused by his own wilful act or default. 1 ins. by act 1 of , s. 15 w.e.f. .

section 24. of the regional rural banks act : 1 a regional rural bank shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may, after consultation with the reserve bank, give. 2 if any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the central government thereon shall be final.

section 24a. of the regional rural banks act : 1 24a. inspection, audit and scrutiny by the sponsor bank.notwithstanding anything contained in section 19 and without prejudice to the provisions of section 35 of the banking regulation act, 10 of , the sponsor bank shall, from time to time, monitor the progress of the regional rural banks sponsored by it and cause inspection, internal audit and scrutiny to be made by one or more of its officers and suggest corrective measures to be taken by such regional rural bank. 1 ins. by act 1 of , s. 14 w.e.f. .

section 26. of the regional rural banks act : no provision of law relating to the winding up of companies shall apply to a regional rural bank and a regional rural bank shall not be placed in liquidation save by order of the central government and in such manner as it may direct.

section 31. of the regional rural banks act : if any difficulty arises in giving effect to the provisions of this act, the central government may make such order, not inconsistent with the provisions of this act, as may appear to it to be necessary for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of five years from the commencement of this act.

section 27. of the regional rural banks act : 1 no act of a chairman, acting in good faith, shall be invalid merely by reason of any defect in his appointment or in the procedure. 2 no act or proceeding of any board of directors or of any committee of a regional rural bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board or committee, as the case may be. 3 acts done by a person, acting in good faith, as a director or member of a committee of a regional rural bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: provided that nothing in this section shall be deemed to give validity to any act done by a director or a member of any committee of a regional rural bank after his appointment has been shown to the regional rural bank to be invalid or to have terminated.

section 29. of the regional rural banks act : show related subordinates 1 the central government may, after consultation with the 1 national bank and the sponsor bank, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the additional number of members of the board may be filled in, under subsection 2 of section 9 b the time and place at which the board of directors of a regional rural bank shall meet and the rules of procedure which shall be observed by the board in regard to the transaction of business at its meetings, under subsection 1 of section 14 2 ba the manner in which the officers and other employees of the regional rural banks shall be appointed c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by s. 16, ibid., for reserve bank w.e.f. . 2 ins. by s. 16, ibid. w.e.f. .

section 30. of the regional rural banks act : 1 1 the board of directors of a regional rural bank may, after consultation with the sponsor bank and the 2 national bank, and with the previous sanction of the central government, 3 by notification in the official gazette, make regulations, not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 4 2 every regulation shall, as soon as may be after it is made under this act by the board of directors, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. section 30 renumbered as subsection 1 thereof by act 1 of , s. 70 w.e.f. . 2. subs. by act 1 of , s. 17, for reserve bank w.e.f. . 3. ins. by act 66 of , s. 34 w.e.f. . 4. ins. by act 1 of , s. 70 w.e.f. .

section 32. of the regional rural banks act : the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, express or implied, or in any instrument having effect by virtue of any law other than this act, and notwithstanding any custom or usage to the contrary.

section 8. of the tokyo convention act : 1 in any legal proceedings under this act, a document published by the ministry of the central government dealing with civil aviation and purporting to be the publication known as aeronautical information publication or a publication of the series known as notam and aeronautical information circular shall be evidence of the matters appearing from that document. 2 any message or signal transmitted to or received from an aircraft which relates to the position of the aircraft will be treated as evidence of certain records and shall apply to any legal proceedings.

section 1. of the tokyo convention act : 1 this act may be called the tokyo convention act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st january, , vide notification no. s.o. , dated 17th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the tokyo convention act : 1 any act or omission taking place on board an indian registered aircraft while in flight elsewhere than in or over india which, if taking place in india, would constitute an offence under any law in force in india shall constitute that offence: provided that this subsection shall not apply to any act or omission which is expressly or impliedly authorised by or under any law of a country outside india, where the aircraft is in flight. 2 no proceedings for an offence under any law in force in india, committed on board an aircraft while in flight elsewhere than in or over india other than an offence under the aircraft act, of shall be instituted except by or with the consent of the central government. 3 nothing contained in subsection 2 shall prevent the arrest, or the issue of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with any offence.

section 2. of the tokyo convention act : 1 in this act, unless the context otherwise requires, a aircraft means any aircraft, whether or not registered in india, other than i a military aircraft or ii an aircraft belonging to, or exclusively employed in the service of, the state b appropriate authority means i in relation to india, any police officer not below the rank of an assistant subinspector or any immigration officer, and ii in relation to any other country, being a convention country, any officer having functions corresponding to the functions in india either of a police officer not below the rank of an assistant subinspector or of an immigration officer c commander, in relation to an aircraft, means the member of the crew designated as commander of the aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft d convention country means a country in which the tokyo convention is for the time being in force e indian registered aircraft means an aircraft a which is for the time being registered in india b which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely: i that he is a person qualified to be owner of a legal or beneficial interest in an aircraft registered in india and ii that he resides or has his principal place of business in india or c which, for the time being registered in any country other than india, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements specified in subclause b i and ii f military aircraft means an aircraft of the naval, military or air force of any country and includes every aircraft, commanded by a person in naval, military or air force service, detailed for the purpose g operator, in relation to an aircraft at any time, means the person who at that time has the management of the aircraft h pilot in command, in relation to an aircraft, means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft and responsible for the operation and safety of the aircraft during flight time i tokyo convention means the convention on offences and certain other acts committed on board aircraft signed at tokyo on the fourteenth day of september, j any reference to a country or to the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that country, and any reference to an aircraft in flight shall include a reference to an aircraft during any period when it is on the surface of the sea or land but not within the territorial limits of any country. 2 for the purposes of this act, the period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run, if any, at the termination of that flight ends and for the purpose of section 5 the aforesaid period shall also be deemed to include i any further period from the moment when all external doors, if any, of the aircraft are closed following embarkation for a flight until the moment when any such door is opened for disembarkation, after that flight ii if the aircraft makes a forced landing, any period thereafter until the time a in a case where the forced landing takes place in india, when the appropriate authority arrives at the place of such forced landing and b in any other case, when the appropriate authority takes over the responsibility for the aircraft and for the persons and property on board the aircraft.

section 7. of the tokyo convention act : 1 where in any proceedings before a court in india for an offence or other act committed on board an aircraft the testimony of any person is required and the court is satisfied that the person in question cannot be found in india, there shall be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside india which was so made a in the presence of the person charged with the offence and b before a judge or a magistrate of a country such as is mentioned in the first schedule to the citizenship act, 57 of or before a consular officer of the central government. 2 any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before whom it was made and he shall certify that the person charged with the offence was present at the taking of the deposition. 3 it shall not be necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate, and such a certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition. 4 if a complaint is made to such a consular officer as aforesaid that any offence has been committed on an indian registered aircraft while in flight elsewhere than in or over india, that officer may enquire into the case upon oath. 5 in this section a the expression deposition includes an affidavit, affirmation or statement made upon oath and b the expression oath includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swearing, and noting contained in this section shall prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.

section 5. of the tokyo convention act : 1 if the commander of an aircraft in flight, wherever the aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft a that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise i the safety of the aircraft or of persons or property on board the aircraft or ii the good order and discipline on board the aircraft or b that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is an offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to the provisions of subsection 4, the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary i to protect the safety of the aircraft or of persons or property on board the aircraft or ii to maintain good order and discipline on board the aircraft or iii to enable the commander to disembark or deliver that person in accordance with the provisions of subsection 5. 2 the aircraft commander may require the assistance of other crew members and may request, but not require, the assistance of passengers or authorise other crew members and passengers, to restrain any person whom he is entitled to restrain. 3 any crew member or passenger may also take reasonable preventive measures without any authorisation under subsection 2 when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein. 4 any restraint imposed on any person on board an aircraft under the powers conferred by the foregoing provisions of this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time, the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to the appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification may be continued after that time a for any period including the period of any further flight between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with the provisions of subsection 5 or b if the person under restraint agrees to continue his journey under restraint on board that aircraft. 5 the commander of an aircraft, a if, in the case of any person on board the aircraft, he has reasonable grounds i to believe as mentioned in clause a of subsection 1 and ii to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be and b if, in the case of any person on board the aircraft, he has reasonable grounds to believe as mentioned in clause b of subsection 1, may deliver that person to the appropriate authority. 6 the commander of an aircraft a if he disembarks any person in pursuance of clause a of subsection 5, in the case of an indian registered aircraft, in any country or, in the case of any other aircraft, in india, shall report the fact of, and the reasons for, that disembarkation to i the appropriate authority in the country of disembarkation and ii the appropriate diplomatic or consular officer of the country of nationality of that person b if he intends to deliver any person in pursuance of clause b of subsection 5 in india, or in the case of an indian registered aircraft, in any other country which is a convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor i to the appropriate authority and ii in either case, to the appropriate diplomatic or consular officer of the country of nationality of that person, and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be liable on summary conviction to a fine not exceeding one thousand rupees.

section 4. of the tokyo convention act : for the purposes of application of the extradition act, 34 of , to crimes committed on board an aircraft in flight, any aircraft registered in a convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

section 6. of the tokyo convention act : 1 for the avoidance of doubt, it is hereby declared that for the purpose of any proceedings before a court in india, any court having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of offences and other acts committed on board an aircraft as described in this act wherever that offence or act is committed. 2 for the purposes of conferring jurisdiction, an offence under any law in force in india, committed on board an aircraft in flight shall be deemed to have been committed in any place in india where the offender may for the time being be.

section 11. of the tokyo convention act : if the central government is satisfied that the requirements of article 18 of the tokyo convention have been satisfied in relation to any aircraft, it may, by notification in the official gazette, direct that such aircraft shall, for the purposes of this act, be treated as registered in such convention country as may be specified in the notification.

section 9. of the tokyo convention act : the central government may, by notification in the official gazette, direct that all or any of the provisions of this act shall apply to an aircraft referred to in subclause b of clause e of subsection 1 of section 2, subject to such modifications as may be specified in the notification.

section 10. of the tokyo convention act : the central government may, by notification in the official gazette, certify as to who are the contracting parties to the tokyo convention and to what extent they have availed themselves of the provisions of the convention, and any such notification by the central government shall be conclusive evidence of the matters certified therein.

section 8. of the delhi sales tax act : nothing in this act or the rules made thereunder shall be deemed to impose, or authorise the imposition of a tax on any sale or purchase of any goods when such sale or purchase takes place i in the course of interstate trade or commerce or ii outside delhi or iii in the course of the import of the goods into, or export of the goods out of, the territory of india. explanation.sections 3, 4, and 5 of the central sales tax act, 74 of shall apply for determining whether or not a particular sale or purchase takes place in the manner indicated in clause i, clause ii or clause iii of this section.

section 4. of the delhi sales tax act : 1 the tax payable by a dealer under this act shall be levied a in the case of taxable turnover in respect of the goods specified in the first schedule, at the rate of twelve paise in the rupee b in the case of taxable turnover in respect of the goods specified in the second schedule, at such rate not exceeding four paise in rupee as the central government may, from time to time, by notification in the official gazette, determine c in the case of taxable turnover in respect of any food or drink served for consumption in a hotel or restaurant or part thereof, with which a cabaret, floor show or similar entertainment is provided therein, at the rate of forty paise in the rupee d in the case of taxable turnover in respect of any other goods, at the rate of seven paise in the rupee: provided that the administrator may with the previous approval of the central government and by notification in the official gazette, add to, or omit from, or otherwise amend, the first schedule or the second schedule, either retrospectively or prospectively, and thereupon the first schedule or, as the case may be, the second schedule, shall be deemed to be amended accordingly: provided further that no such amendment shall be made retrospectively if it would have the effect of prejudicially affecting the interests of any dealer: provided also that in respect of any goods or class of goods the administrator is of the opinion that it is expedient in the interest of the general public so to do, he may, with the previous approval of the central government and by notification in the official gazette, direct that the tax in respect of taxable turnover of such goods or class of goods shall, subject to such conditions as may be specified, be levied at such modified rate not exceeding the rate applicable under this section, as may be specified in the notification. 2 for the purposes of this act, taxable turnover means that part of a dealers turnover during the prescribed period in any year which remains after deducting therefrom, a his turnover during that period on i sale of goods, the point of sale at which such goods shall be taxable is specified by the administrator under section 5 and in respect of which due tax is shown to the satisfaction of the commissioner to have been paid ii sale of goods declared taxfree under section 7 iii sale of goods not liable to tax under section 8 iv sale of goods which are proved to the satisfaction of the commissioner to have been purchased within a period of twelve months prior to the date of registration of the dealer and subjected to tax under the bengal finance sales tax act, bengal act vi of , as it was then in force, or under this act v sale to a registered dealer a of goods of the class or classes specified in the certificate of registration of such dealer, as being intended for use by him as raw materials in the manufacture in delhi of any goods, other than goods specified in the third schedule, or newspapers, 1 for sale by him inside delhi or 2 for sale by him in the course of interstate trade or commerce, being a sale occasioning, or effected by transfer of documents of title to such goods during the movement of such goods from delhi or 3 for sale by him in the course of export outside india being a sale occasioning the movement of such goods from delhi, or a sale effected by transfer of documents of title to such goods effected during the movement of such goods from delhi, to a place outside india and after the goods have crossed the customs frontiers of india or b of goods of the class or classes specified in the certificate of registration of such dealer as being intended for resale by him in delhi, or for sale by him in the course of interstate trade or commerce or in the course of export outside india in the manner specified in subitem 2 or subitem 3 of item a, as the case may be and c of containers or other materials, used for the packing of goods, of the class or classes specified in the certificate of registration of such dealer, other than goods specified in the third schedule, intended for sale or resale vi such other sales as are exempt from payment of tax under section 66 or as may be prescribed: provided that no deduction in respect of any sale referred to in subclause iv shall be allowed unless the goods, in respect of which deduction is claimed, are proved to have been sold by the dealer within a period of twelve months from the date of his registration and the claim for such deduction is included in the return required to be furnished by the dealer in respect of the said sale: provided further that no deduction in respect of any sale referred to in subclause v shall be allowed unless a true declaration duly filled and signed by the registered dealer to whom the goods are sold and containing the prescribed particulars in the prescribed form obtainable from the prescribed authority is furnished in the prescribed manner and within the prescribed time, by the dealer who sells the goods: provided also that where any goods are purchased by a registered dealer for any of the purposes mentioned in subclause v, but are not so utilised by him, the price of the goods so purchased shall be allowed to be deducted from the turnover of the selling dealer but shall be included in the taxable turnover of the purchasing dealer and b the tax collected by the dealer under this act as such and shown separately in cash memoranda or bills, as the case may be.

section 7. of the delhi sales tax act : 1 no tax shall be payable under this act on the sale of goods specified in the third schedule subject to the conditions and exceptions, if any, set out therein. 2 the administrator may, with the previous approval of the central government and by notification in the official gazette, add to, or omit from, or otherwise amend, the third schedule either retrospectively or prospectively, and thereupon the third schedule shall be deemed to be amended accordingly: provided that no such amendment shall be made retrospectively if it would have the effect of prejudicially affecting the interests of any dealer.

section 1. of the delhi sales tax act : 1 this act may be called the delhi sales tax act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date1 as the administrator may, by notification in the official gazette, appoint. 1. 21st october, , vide delhi administrator notification no. f. f in general i, dated 10th october, , published in delhi, see gazette of india, extraordinary, dated 10th october, , part iv.

section 2. of the delhi sales tax act : in this act, unless the context otherwise requires, a administrator means the administrator of delhi appointed by the president under article 239 of the constitution b appellate tribunal means the appellate tribunal constituted under section 13 c business includes i any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure or concern and ii any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern d commissioner means the commissioner of sales tax appointed under subsection 1 of section 9 e dealer means any person who carries on business of selling goods in delhi and includes i the central government or a state government carrying on such business ii an incorporated society including a cooperative society, club or association which sells or supplies goods, whether or not in the course of business, to its members for cash or for deferred payment or for commission, remuneration or other valuable consideration iii a manager, factor, broker, commission agent, del credere agent, or any mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who sells goods belonging to any principal whether disclosed or not and iv an auctioneer who sells or auctions goods belonging to any principal, whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal f delhi means the union territory of delhi g goods includes all materials, articles, commodities and all other kinds of moveable property, but does not include newspapers, actionable claims, stocks, shares, securities or money h manufacture, with its grammatical variations and cognate expressions, means producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods, but does not include any such process or mode of manufacture as may be prescribed i official gazette means the delhi gazette j prescribed means prescribed by rules made under this act k registered means registered under this act l sale, with its grammatical variations and cognate expressions, means any transfer of property in goods by one person to another for cash or for deferred payment or for other valuable consideration, and includes i a transfer of goods on hirepurchase or other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, goods ii supply of goods by a society including a cooperative society, club, firm or any association to its members for cash or for deferred payment, or for commission, remuneration or other valuable consideration, whether or not in the course of business and iii transfer of goods by an auctioneer referred to in subclause iv of clause e m sale price means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in trade, but inclusive of any sum charged for anything done by the dealer in respect of goods at the time of or before the delivery thereof other than the cost of freight or delivery or the cost of installation in cases where such cost is separately charged n tax means sales tax payable under this act o turnover means the aggregate of the amounts of sale price receivable, or, if a dealer so elects, actually received by the dealer, in respect of any sale of goods made during any prescribed period in any year after deducting the amount of sale price, if any, refunded by the dealer to a purchaser in respect of any goods purchased and returned by the purchaser within the prescribed period: provided that an election as aforesaid once made shall not be altered except with the permission of the commissioner and on such terms and conditions as he may think fit to impose p year means the financial year.

section 9. of the delhi sales tax act : 1 for carrying out the purposes of this act, the administrator shall appoint a person to be the commissioner of sales tax. 2 to assist the commissioner in the execution of his functions under this act, the administrator may appoint as many additional commissioners of sales tax, sales tax officers and such other persons with such designations as the administrator thinks necessary. 3 the commissioner shall have jurisdiction over the whole of delhi and the other persons appointed under subsection 2 shall have jurisdiction over such areas as the commissioner may specify. 4 the commissioner and other persons appointed under subsection 2 shall exercise such powers as may be conferred, and perform such duties as may be required, by or under this act.

section 10. of the delhi sales tax act : subject to such restrictions and conditions as may be prescribed, the commissioner may, by order in writing, delegate any of his powers under this act except those under subsection 3 of section 9 and subsection 1 of section 52 to any person appointed under subsection 2 of section 9: provided that the powers of the commissioner under clauses i to vi both inclusive of subsection 3 of section 41 shall not be delegated to any person lower in rank than that of a sales tax officer, and those under subsection 1 of section 49 shall not be delegated to any person other than an additional commissioner of sales tax appointed under subsection 2 of section 9.

section 6. of the delhi sales tax act : the burden of proving that in respect of any sale effected by a dealer he is not liable to pay tax under this act, shall lie on him.

section 12. of the delhi sales tax act : 1 no person shall be entitled to call in question the jurisdiction of any sales tax authority appointed under section 9, not being an appellate authority, after the expiry of ninety days from the date of receipt by that person of any notice under this act issued by such sales tax authority. 2 any objection as to the jurisdiction of any such sales tax authority may be raised within the period aforesaid by submitting a memorandum to the authority concerned who shall refer the question to the commissioner and the commissioner shall after giving the person raising the objection a reasonable opportunity of being heard, make an order determining the question and his decision in this behalf shall be final.

section 3. of the delhi sales tax act : 1 every dealer whose turnover during the year immediately preceding the commencement of this act exceeds the taxable quantum and every denier who at the commencement of this act, is registered or is liable to pay tax under the central sales tax act, 74 of , shall be liable to pay tax under this act on all sales effected by him on or after such commencement. 2 every dealer to whom subsection 1 does not apply, shall i with effect from the date immediately following the day on which his turnover calculated from the commencement of any year first exceeds within such year the taxable quantum, be liable to pay tax under this act on all sales effected by him after that day ii if he becomes liable to pay tax under the central sales tax act, 74 of or is registered as a dealer under the said act at any time after the commencement of this act, be liable to pay tax on all sales effected by him or on his behalf within delhi on or after the date he becomes so liable or is registered under the said act, whichever is earlier. 3 every dealer who has become liable to pay tax under this act shall continue to be so liable until the expiry of three consecutive years during each of which his turnover has failed to exceed the taxable quantum and such further period after the date of such expiry as may be prescribed and on the expiry of such further period his liability to pay tax shall cease: provided that any dealer may, after the expiry of one year following the year in which his turnover has failed to exceed the taxable quantum, apply for the cancellation of his certificate of registration, and on such cancellation, his liability to pay tax shall cease: provided further that in respect of any goods purchased by any dealer before the date of such cancellation and remaining unsold or unutilised for the purpose for which they were purchased, he shall be liable to pay so much of tax as would have been payable had he not been registered as a dealer on the date of purchase of such goods. 4 every dealer whose liability to pay tax under this act has ceased under subsection 3, shall, if his turnover calculated from the commencement of any year again exceeds the taxable quantum on any day within such year, be liable to pay such tax with effect from the date immediately following the day on which his turnover first exceeds the taxable quantum, on all sales effected by him after that day. 5 any dealer whose certificate of registration has been cancelled under subsection 3 of section 20, shall a if his turnover calculated from the date of cancellation of such certificate exceeds the taxable quantum on any day within the year or b if his turnover calculated from the commencement of any subsequent year, exceeds the taxable quantum on any day within the year, be liable to pay tax under this act with effect from the date immediately following the day on which such turnover again first exceeds the taxable quantum on all sales effected by him after that day of goods imported by him from outside delhi or manufactured by him in delhi or purchased by him without payment of tax leviable under this act. 6 no dealer who deals exclusively in one or more classes of goods specified in the third schedule shall be liable to pay any tax under this act. 7 for the purposes of this act, taxable quantum means, a in relation to any dealer who imports for sale any goods into delhi. . . . . nil, b in relation to any dealer who manufactures goods for sale regardless of the value of goods manufactured . . . . . . . . . rs. 30,000.00, c in relation to any other dealer . . . . . . rs. 1,00,000.00: provided that if the administrator is of opinion that having regard to the difficulty in maintaining accounts or for any other sufficient cause the taxable quantum in respect of any class of dealers falling under clause b should be increased, the administrator may, by notification in the official gazette, fix in respect of such class of dealers such taxable quantum, not exceeding rupees one lakh, as may be specified in the notification. explanation.for the purposes of computation of taxable quantum under subsection 7, the turnover of all sales effected by a dealer shall be taken into account irrespective of whether such sales are taxable under this act or not.

section 5. of the delhi sales tax act : notwithstanding anything contained in this act, the administrator may, by notification in the official gazette and subject to such conditions, if any, as may be specified therein, specify the point of sale at which any goods or class of goods may be taxed, and on the issue of such notification, the points of sale in relation to any such goods or class of goods other than the point of sale so notified, shall be exempt from payment of tax under this act: provided that no such exemption shall be allowed unless a true declaration duly filled and signed by the registered dealer by whom the goods are sold and containing the prescribed particulars in the prescribed form obtainable from the prescribed authority is furnished in the prescribed manner and within the prescribed time, by the dealer who purchases the goods: provided further that the administrator may, if he is of opinion that it is necessary in the public interest so to do, by notification in the official gazette, exempt, subject to such restrictions and conditions as may be specified therein, any dealer or class of dealers from furnishing a declaration under the first proviso.

section 16. of the delhi sales tax act : 1 any person who intends to establish a business in delhi for the purpose of manufacturing goods of a value exceeding thirty thousand rupees per year, may, notwithstanding that he is not required to be registered under section 14, apply for provisional registration in such manner and to such authority as may be prescribed. 2 if the said authority, after making such inquiry as it may consider necessary, is satisfied as to the bona fide intention of the person making the application, it may, subject to such restrictions and conditions as it may impose, grant a provisional certificate of registration on such person furnishing such security as it may consider necessary and shall specify in such certificate the goods or class of goods for the purposes of subclause v of clause a of subsection 2 of section 4. 3 every person who has been granted a provisional certificate of registration under this section shall, for so long as such certificate is in force, be liable to pay tax under this act. 4 a provisional certificate of registration granted under this section shall be in force for such period as may be specified therein. 5 the authority prescribed under subsection 1 may, on application made in this behalf in the prescribed manner and subject to such restrictions and conditions as it may impose, extend, from time to time, the period specified in the provisional certificate of registration. 6 the provisions of section 18 shall, so far as may be, apply in relation to security required to be furnished under subsection 2 of this section. 7 if a person, who has been granted a provisional certificate of registration under this section, fails without sufficient cause to establish a business within the period specified in such certificate or fails to comply with any of the restrictions or conditions subject to which such certificate was granted, he shall be liable to pay a penalty equal to one and a half times the amount of tax which would have been payable had he not been so registered under this section.

section 11. of the delhi sales tax act : 1 the commissioner may, by order in writing, transfer any proceedings or class of proceedings under any provision of this act from any person appointed under subsection 2 of section 9 to any other person so appointed whether or not such other person has jurisdiction in respect of the area to which such proceedings or class of proceedings relate, and the commissioner may likewise transfer any such proceedings including a proceeding already transferred under this section from any such person to himself. 2 the person to whom any proceeding is transferred under subsection 1 shall proceed to dispose it of as if it had been initiated by himself. 3 the transfer of a proceeding shall not render necessary the reissue of any notice already issued before such transfer and the person to whom the proceeding is transferred may, in his discretion, continue it from the stage at which it was left by the person from whom it was transferred. explanation.for the purposes of this section, proceedings in relation to any person whose name is specified in any order issued thereunder, means all proceedings under this act in respect of any year which may be pending on the date of such order or which may have been completed on or before such date, and includes also such proceedings which may be commenced after the date of such order in respect of any year.

section 13. of the delhi sales tax act : 1 the central government shall, as soon as may be after the commencement of this act, constitute an appellate tribunal consisting of one or more members, as it thinks fit, to exercise the powers and discharge the functions conferred on the appellate tribunal by or under this act: provided that where the appellate tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the central legal service not below grade iii for at least three years or who has been in practice as an advocate for at least ten years, and where the appellate tribunal consists of more than one member, one such member shall be a person qualified as aforesaid. 2 where the number of members of the appellate tribunal is more than one, the central government shall appoint one of those members to be the chairman of the appellate tribunal. 3 subject to the provisions of subsection 1, the qualifications and other conditions of service of the member or members constituting the appellate tribunal and the period for which such member or members shall hold office, shall be such as may be determined by the central government. 4 any vacancy in the membership of the appellate tribunal shall be filled up by the central government as soon as practicable. 5 where the number of members of the appellate tribunal is more than one and if the members differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, the decision of the chairman of the appellate tribunal thereon shall be final. 6 subject to the previous sanction of the central government, the appellate tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations consistent with the provisions of this act and the rules made thereunder. 7 the regulations made under subsection 6 shall be published in the official gazette. 8 the appellate tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the commissioner under section 42 and any proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 14. of the delhi sales tax act : 1 no dealer shall, while being liable to pay tax under section 3, carry on business as a dealer unless he has been registered and possesses a certificate of registration. 2 every dealer required by subsection 1 to be registered shall make an application for registration within such time, in such manner and to such authority, as may be prescribed. 3 if the said authority is satisfied that the application is in order, it shall, in accordance with such rules as may be prescribed, register the applicant within the prescribed period and grant him a certificate of registration in the prescribed form which shall specify the goods or class of goods for the purposes of subclause v of clause a of subsection 2 of section 4: provided that if the said authority is of opinion that the application is not in order, it shall, by an order passed within the said period and for reasons to be recorded in writing, reject the application: provided further that no goods or class of goods in respect of which the 1point of sale has been specified by the administrator under section 5 shall be specified in a certificate of registration, and where a notification is issued under that section subsequent to the grant of any certificate of registration in respect of any goods or class of goods specified in a certificate, if the said certificate shall be deemed to have been amended to omit the references to such goods or class of goods. 4 for the removal of doubts, it is hereby declared that the goods or class of goods to be specified in a certificate of registration granted under subsection 3 of this section or subsection 2 of section 16 shall not include goods referred to in subclause i or subclause ii of clause a of subsection 2 of section 4. 1. subs. by act 38 of , s. 3 and the second schedule, for points of sale w.e.f. .

section 15. of the delhi sales tax act : 1 any dealer, other than a dealer who deals exclusively in one or more classes of goods specified in the third schedule, whose turnover during a year exceeds twentyfive thousand rupees may, notwithstanding that he may not be liable to pay tax under section 3, apply for registration under this section. 2 the provisions of subsections 2, 3 and 4 of section 14 shall, as far as may be, apply in relation to registration of dealers under this section. 3 every dealer who has been registered under this section shall, for so long as his registration remains in force, be liable to pay tax under this act. 4 the registration of a dealer under this section shall be in force for a period of not less than three complete years and shall remain in force thereafter unless cancelled under the provisions of this act.

section 17. of the delhi sales tax act : 1 no dealer shall, while being liable to pay tax under subsection 5 of section 3, carry on business as a dealer unless he has obtained a special certificate of registration. 2 every dealer required to be registered under subsection 1 shall make an application for registration within such time, in such manner and to such authority, as may be prescribed. 3 if the said authority is satisfied that the application is in order, it shall, in accordance with such rules as may be prescribed, grant a special certificate of registration to the applicant in the prescribed form: provided that the said authority shall not specify in any such certificate the goods or class of goods for the purposes of subclause v of clause a of subsection 2 of section 4.

section 18. of the delhi sales tax act : 1 the commissioner may, if it appears to him to be necessary so to do for the proper realisation of the tax, composition money or other dues payable under this act or for the proper custody and use of the forms referred to in the second proviso to clause a of subsection 2 of section 4, or the first proviso to section 5, as the case may be, impose, for reasons to be recorded in writing as a condition of the grant of the certificate of registration under section 14, section 15 or section 17 to a dealer or of the continuance in effect of such certificate granted to any dealer, a requirement that the dealer shall furnish in the prescribed manner and within such time as may be specified in the order such security or, as the case may be, such additional security as may be so specified, for all or any of the aforesaid purposes. 2 no dealer shall be required to furnish any security or additional security under subsection 1 unless he has been given an opportunity of being heard and the amount of security or additional security that may be required to be furnished, shall, a in the case of a dealer liable to pay tax under subsection 2 of section 3 who has applied for the grant of a certificate of registration under section 14, be such amount as the commissioner may, having regard to the nature and size of the business of such dealer, determine for the payment of the tax for which the dealer may be or become liable under this act b in a case where security is to be given for the proper custody and use of the forms referred to in subsection 1, be the amount of tax determined by the commissioner which is likely to be saved by a dealer by the issue of such forms c in any other case, not exceed the tax payable, in accordance with the estimate of the commissioner on the taxable turnover of the dealer, for the year in which such security or additional security is required to be furnished. 3 where the security or additional security furnished by a dealer is in the form of a security bond and the surety dies or becomes insolvent, the dealer shall, within thirty days of the occurrence of such event, inform the authority granting the certificate of registration and shall, within ninety days of such occurrence, execute a fresh surety bond. 4 the commissioner may by order, for good and sufficient cause, and after giving the dealer an opportunity of being heard, forfeit the whole or any part of the security furnished by a dealer. 5 where, by reason of an order under subsection 4, the security furnished by any dealer is forfeited in whole or is rendered insufficient, he shall furnish a fresh security of the requisite amount or, as the case may be, shall make up the deficiency in such manner and within such period as may be specified in the order.

section 19. of the delhi sales tax act : 1 the commissioner may, after considering any information furnished under this act or otherwise received and after making such inquiry as he may deem fit, amend from time to time any certificate of registration. 2 an amendment of the certificate of registration made under subsection 1 shall take effect: a in the case of a change in the name, ownership or place of business, or opening of a new place of business, from the date of contingency which necessitates the amendment whether or not information in that behalf is furnished within the time prescribed under section 40 b in the case of any addition or modification in the description of any goods or class of goods in the certificate of registration, from the date of the contingency if information in that behalf is furnished within the time prescribed under section 40 and from the date of receipt of request for such addition or modification by the commissioner, in any other case c in the case of deletion of any goods or class of goods, from the date of order of deletion: provided that the commissioner shall, before amending on his own motion a certificate of registration, give the dealer affected by such amendment a reasonable opportunity of being heard: provided further that where in consequence of a change in the ownership of a business the liability to pay tax of a dealer ceases, the amendment of the certificate of registration shall take effect from the date on which information in respect of such change is furnished under section 40. 3 any amendment of a certificate of registration under this section shall be without prejudice to any liability for tax or penalty imposable, or for any prosecution for an offence under this act. 4 for the removal of doubts, it is hereby declared that where a registered dealer a effects a change in the name of his business or b is a firm and there is a change in the constitution of the firm without dissolution thereof or c is a trustee of a trust and there is a change in the trustees thereof or d is a guardian of a ward and there is a change in the guardian or e is a hindu undivided family and the business of such family is converted into a partnership business with all or any of the coparceners as partners thereof, then, merely by reason of any of the circumstances aforesaid, it shall not be necessary for the dealer, or 1the firm which changed the constitution or the new trustees, or the new guardian, or as the case may be, the partners of such partnership business, to apply for a fresh certificate of registration and on information being furnished in the manner required by section 40 the certificate of registration shall be amended. 1. subs. by act 38 of , s. 3 and the second schedule, for the firm who changed constitution w.e.f. .

section 24. of the delhi sales tax act : 1 where after a dealer has been assessed under section 23 for any year or part thereof, the commissioner has reason to believe that the whole or any part of the turnover of a dealer in respect of any period has escaped assessment to tax or has been underassessed or has been assessed at a rate lower than the rate at which it is assessable, or any deduction has been wrongly made therefrom, the commissioner may a within six years from the date of final order of assessment, in a case where the dealer has concealed, omitted or failed to disclose fully the particulars of such turnover and b within four years from the date of final order of assessment, in any other case, serve a notice on the dealer and after giving the dealer an opportunity of being heard and making such inquiry as he considers necessary, proceed to determine to the best of his judgment, the amount of tax due from the dealer in respect of such turnover, and the provisions of this act shall, so far as may be, apply accordingly. explanation. for the purposes of this section, production before the commissioner of account books or other evidence from which material evidence could with due diligence have been discovered by the commissioner will not necessarily amount to disclosure within the meaning of this section. 2 no order of assessment, reassessment or recomputation shall be made under subsection 1, after a the expiry of four years or, as the case may be, six years as specified in subsection 7 of section 23 or b the expiry of one year from the date of service of notice under subsection 1, whichever is later.

section 20. of the delhi sales tax act : 1 where a any business in respect of which a certificate of registration has been granted to a dealer under this act, is discontinued or b in the case of transfer of business by a dealer, the transferee already holds a certificate of registration under this act or c a dealer has ceased to be liable to pay tax under this act, the commissioner may cancel the certificate of registration of such dealer or the transferor, as the case may be, from such date as may be specified by him: provided that in a case referred to in clause a or clause b, the certificate of registration shall be deemed to be inoperative with effect from the date of discontinuance or transfer of the business, as the case may be, and in a case referred to in clause c, from the date on which the dealers liability to pay tax has ceased, notwithstanding the fact that the order of cancellation is passed or that the particulars of the dealer regarding cancellation are published, as required by section 65, in the official gazette, after the aforesaid date: provided further that where a dealer has failed to furnish information regarding discontinuance of his business as required by section 40, the commissioner shall before cancelling the certificate from any specified date, publish in the official gazette, a notice of his intention so to do for the information of the dealer and shall hear objections, if any, of the dealer before passing the order. 2 a dealer registered under section 15 may, subject to the provisions of subsection 4 of that section, apply in the prescribed manner not later than six months before the end of a year to the commissioner for cancellation of his certificate of registration and the commissioner shall, unless the dealer is liable to pay tax under section 3, cancel the certificate of registration accordingly, and such cancellation shall take effect from the end of the year. 3 notwithstanding anything contained in subsections 1 and 2, the commissioner may at any time for reasons to be recorded in writing and after giving the dealer an opportunity of being heard, cancel the certificate of registration held by such dealer from such date as the commissioner may specify in this behalf a if the dealer has failed to pay any tax including any penalty due from him under any provisions of this act or b if the dealer holds or accepts or furnishes or causes to be furnished a declaration for the purposes of subclause v of clause a of subsection 2 of section 4 or section 5 which he knows or has reason to believe to be false or c if the dealer who has been required to furnish the security under the provisions of section 18 has failed to furnish such security or d if the dealer contravenes or has contravened any of the provisions of this act or e if the dealer has been convicted of an offence under this act or under the bengal finance sales tax act, bengal act vi of , as then in force in delhi or f if there is any other reason which in the opinion of the commissioner warrants such cancellation. 4 a if an order of cancellation passed under subsection 3 is set aside as a result of an appeal or other proceeding under this act, the certificate of registration of the dealer shall be restored and he shall be liable to pay tax as if his certificate had not been cancelled. b if any dealer whose certificate of registration has been restored under clause a satisfies the commissioner that tax has been paid by such dealer on sale of goods made to him during the period his certificate of registration was inoperative which, but for the cancellation of such certificate he would not have paid, then the amount of such tax shall be adjusted or refunded in such manner as may be prescribed. 5 every dealer who applies for cancellation of his registration shall surrender with his application the certificate of registration granted to him and every dealer whose registration is cancelled otherwise than on the basis of his application shall surrender the certificate of registration within seven days of the date of communication to him of the order of cancellation. 6 if a dealer fails to surrender his certificate of registration as provided in subsection 5, the commissioner may, by an order in writing and after giving the dealer an opportunity of being heard, direct that the dealer shall pay, by way of penalty, a sum not exceeding twentyfive rupees for every day of default. 7 the cancellation of a certificate of registration shall not affect the liability of any person to pay tax due for any period prior to the date of such cancellation, whether such tax is assessed before the date of cancellation but remains unpaid or is assessed thereafter notwithstanding that he is not liable to pay tax under this act. 8 where by any order passed under this act it is found that any person registered as a dealer ought not to have been so registered, then, notwithstanding anything contained in this act, such person shall be liable to pay tax for the period commencing with the date of his registration and ending with the date of such order, as if he were a dealer.

section 21. of the delhi sales tax act : 1 tax payable under this act shall be paid in the manner hereinafter provided at such intervals as may be prescribed. 2 every registered dealer and every other dealer who may be required so to do by the commissioner by notice served in the prescribed manner shall furnish such returns of turnover by such dates and to such authority as may be prescribed. 3 every registered dealer required to furnish returns under subsection 2 shall pay into a government treasury or the reserve bank of india or in such other manner as may be prescribed, the full amount of tax due from him under this act according to such return, and shall where such payment is made into a government treasury or the reserve bank of india furnish along with the return a receipt from such treasury or bank showing the payment of such amount. 4 if any registered dealer discovers any mistake or error in any return furnished by him, he may at any time, before the expiry of three months next following the last date prescribed for furnishing of the return, furnish a revised return, and if the revised return shows a higher amount of tax to be due than was shown in the original return, it shall be accompanied by a receipt showing payment in the manner provided in subsection 3 of the excess amount. 5 every return under this section shall be signed and verified a in the case of an individual, by the individual himself, and where the individual is absent from india by the individual concerned or by some person duly authorised by him in this behalf and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf b in the case of a hindu undivided family, by a karta, and where the karta is absent from india or is mentally incapacitated from attending to his affairs, by any other adult member of such family c in the case of a company or local authority, by the principal officer thereof d in the case of a firm, by any partner thereof, not being a minor e in the case of any other association, by any member of the association or the principal officer thereof and f in the case of any other person, by that person or by some person competent to act on his behalf. 6 for the purposes of subsection 5 of this section and section 59 the expression principal officer shall have the meaning assigned to it under clause 35 of section 2 of the incometax act, 43 of .

section 26. of the delhi sales tax act : where any notice of demand in respect of any tax or penalty or any other amount payable under this act hereafter in this section referred to as government dues is served upon any dealer, and any appeal, revision application or other proceeding is filed or taken in respect of such government dues, then, a where such government dues are enhanced in such appeal, revision or other proceeding, the commissioner shall serve upon the dealer another notice of demand only in respect of the amount by which such government dues are enhanced and any recovery proceedings in relation to such government dues as are covered by the notice of demand served upon him before the disposal of such appeal, revision application or proceeding may, without the service of any fresh notice of demand, be continued from the stage at which such proceedings stood immediately before such disposal b where such government dues are reduced in such appeal, revision or proceeding, i it shall not be necessary for the commissioner to serve upon the dealer a fresh notice of demand ii the commissioner shall give intimation of such reduction to him and to the appropriate authority with whom recovery proceedings are pending iii any recovery proceedings initiated on the basis of the notice of demand served upon him before the disposal of such appeal, revision application or proceeding may be continued in relation to the amount so reduced from the stage at which such proceedings stood immediately before such disposal.

section 22. of the delhi sales tax act : 1 no person who is not a registered dealer shall collect in respect of any sale of goods by him in delhi any amount by way of tax under this act, and no registered dealer shall make any such collection except in accordance with this act and the rules made thereunder. 2 notwithstanding anything contained in subsection 1, a dealer who has been permitted by the commissioner to make a lump sum payment under section 29 shall not collect any sum by way of tax on the sale of goods if made during the period of which such lump sum payment relates.

section 23. of the delhi sales tax act : 1 the amount of tax due from a registered dealer shall be assessed separately for each year during which he is liable to pay the tax: provided that when such dealer fails to furnish a return relating to any period of a year by the prescribed date, the commissioner may, if he thinks fit, assess the tax due from such dealer separately for that period or any other period of such year: provided further that the commissioner may, subject to such conditions as may be prescribed and for reasons to be recorded in writing, assess the tax due from any dealer for a part of a year. 2 if the commissioner is satisfied that the returns furnished in respect of any period are correct and complete, he shall assess the amount of tax due from the dealer on the basis of such returns. 3 a if the commissioner is not satisfied that the returns furnished in respect of any period are correct and complete and he thinks it necessary to require the presence of the dealer or the production of further evidence, he shall serve on such dealer in the prescribed manner a notice requiring him on a date and at a place specified therein either to attend and produce or cause to be produced all evidence on which such dealer relies in support of his returns, or to produce such evidence as is specified in the notice. b on the date specified in the notice, or as soon as may be thereafter, the commissioner shall, after considering all the evidence which may be produced, assess the amount of tax due from the dealer. 4 if a dealer fails to comply with the terms of any notice issued under subsection 3, the commissioner shall assess to the best of his judgment the amount of tax, if any, due from him. 5 if a dealer fails to furnish returns in respect of any period by the prescribed date, the commissioner shall, after giving the dealer a reasonable opportunity of being heard, assess to the best of his judgment the amount of tax, if any, due from him. 6 if, upon information which has come into his possession, the commissioner is satisfied that any dealer who has been liable to pay tax under this act in respect of any period, has failed to get himself registered under section 14 or section 17, as the case may be, the commissioner shall proceed in such manner as may be prescribed to assess to the best of his judgment the amount of tax due from the dealer in respect of such period and all subsequent periods and in making such assessment shall give the dealer a reasonable opportunity of being heard, and the commissioner may, if he is satisfied that the default was made without reasonable cause, direct that the dealer shall pay, by way of penalty, in addition to the amount of the tax so assessed, a sum not exceeding twice that amount. 7 no assessment under the provisions of subsections 1 to 5 shall be made after the expiry of four years, and no assessment under the provisions of subsection 6 shall be made after the expiry of six years from the end of the year in respect of which or part of which the tax is assessable: provided that where such assessment is made in consequence of or to give effect to, any order of an appellate or revisional authority or of a court, the period of four years or six years, as the case may be, shall be reckoned from the date of such order and further that the provisions of subsection 1 of section 24 regarding time limit for service of notice shall not apply for assessment made under this proviso. 8 any assessment made under this section shall be without prejudice to any prosecution for an offence under this act.

section 29. of the delhi sales tax act : the commissioner may, in such circumstances and subject to such conditions as may be prescribed, permit any dealer to pay in lieu of the amount of tax payable by him under the provision of this act, a lump sum determined in the prescribed manner, by way of composition.

section 25. of the delhi sales tax act : 1 the amount of tax a due where returns have been furnished without the receipt showing full payment thereof and b assessed, reassessed or recomputed for any period under section 23 or section 24, less the amount if any, already paid by the dealer in respect of the said period, shall together with any penalty that may be directed to be paid under any of the provisions of this section, subsection 6 of section 23, section 55, section 56 or section 57 be paid by the dealer or the person liable therefor into a government treasury or the reserve bank of india or in such other manner as may be prescribed within thirty days from the date of service of notice of demand issued by the commissioner for this purpose: provided that where the commissioner has reason to believe that it will be detrimental to revenue if the full period of thirty days aforesaid is allowed, he may direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirty days aforesaid, as may be specified by him in that notice. 2 on an application made before the expiry of the due date under subsection 1, the commissioner may, in respect of any particular dealer or person and for reasons to be recorded in writing, extend the time for payment or allow payment by instalments or grant stay, subject to such conditions as he may think fit to impose in the circumstances of the case. 3 if the amount of tax and penalty, if any, is not paid within the time specified in subsection 1 or extended under subsection 2, as the case may be, the dealer or the person liable therefor shall be deemed to be in default in respect of that amount. 4 in a case where payment by instalments is allowed under subsection 2 and the dealer or the person liable for such payment commits default in paying any one of the instalments within the time fixed under that subsection, the dealer or the person aforesaid shall be deemed to be in default in respect of the whole of the amount then outstanding and the other instalment or instalments shall be deemed to have been due on the same date as the instalment actually in default. 5 when a dealer or a person is in default or is deemed to be in default in making payment of tax and penalty, if any, he shall, in addition to the amount of arrears payable under the foregoing subsections, be liable to pay, by way of penalty, an amount which in the case of a continuing default may be increased, from time to time, so however, that total amount of penalty does not exceed the amount in arrears: provided that before levying any such penalty, the dealer or the person aforesaid shall be given a reasonable opportunity of being heard. 6 where as a result of any final order the amount of tax and penalty, if any, with respect to the default, in the payment of which the penalty was levied, has been wholly reduced, the penalty levied shall be cancelled and the amount of penalty paid shall be refunded. 7 any amount of tax or penalty in respect of which a dealer or person is in default, or any composition money due under section 29 or section 54 which remains unpaid, shall be recoverable as an arrear of land revenue: provided that where security, other than in the form of surety bond, has been furnished by a dealer under subsection 2 of section 16 or section 18, the commissioner may, for good and sufficient reasons in writing, realise any amount of tax or penalty or composition money remaining unpaid as aforesaid or part thereof by ordering forfeiture of the whole or any part of the security.

section 33. of the delhi sales tax act : 1 every person a who is a liquidator of any company which is being wound up whether under the orders of a court or otherwise or b who has been appointed the receiver of any assets of a company hereinafter referred to as the liquidator, shall, within thirty days after he has become such liquidator, give notice of his appointment as such to the commissioner. 2 the commissioner shall, after making such inquiries or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he received notice of the appointment of the liquidator, the amount which, in the opinion of the commissioner, would be sufficient to provide for any tax including any penalty which is then, or is likely thereafter to become, payable by the company. 3 the liquidator shall not part with any of the assets of the company or the properties in his hand until he has been notified by the commissioner under subsection 2 and on being so notified, the liquidator shall set aside an amount equal to the amount notified and, until he so sets aside such amount, he shall not part with any of the assets of the company or the properties in his hand: provided that nothing contained in this subsection shall debar the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax and penalty, if any, payable by the company under this act or for making any payment to secured creditors whose debts are entitled under law to priority of payment over debts due to government on the date of liquidation or for meeting such costs and expenses of the winding up of the company as are in the opinion of the commissioner reasonable. 4 if the liquidator fails to give notice in accordance with subsection 1 or fails to set aside the amount as required by subsection 3 or parts with any assets of the company or the properties in his hand in contravention of the provisions of that subsection, he shall be personally liable for the payment of the tax and penalty, if any, which the company would be liable to pay under this act: provided that if the amount of any tax and penalty, if any, payable by the company is notified under subsection 2, the personal liability of the liquidator under this subsection shall be to the extent of such amount. 5 where there are more liquidators than one, the obligations and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally. 6 when any private company is wound up and any tax and penalty, if any, assessed under this act on the company for any period, whether before or in the course of or after its liquidation, cannot be recovered, then every person who was director of the private company at any time during the period for which the tax is due, shall be jointly and severally liable for the payment of such tax and penalty, if any, unless he proves to the satisfaction of the commissioner that nonrecovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company. 7 the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. 8 for the purposes of this section, the expressions company and private company shall have the meanings respectively assigned to them under clauses i and iii of subsection 1 of section 3 of the companies act, 1 of .

section 28. of the delhi sales tax act : 1 notwithstanding anything contained in any law or contract to the contrary, the commissioner may, at any time or from time to time, by notice in writing, a copy of which shall be forwarded to the dealer at his last known address, require a any person from whom any amount of money is due, or may become due, to a dealer on whom notice has been served under subsection 1 of section 25, or b any person who holds or may, subsequently hold money for or on account of such dealer, to pay to the commissioner, either forthwith upon the money becoming due or being held or within the time specified in the first mentioned notice but not before the money becomes due or is held as aforesaid so much of the money as is sufficient to pay the amount due by the dealer in respect of the arrears of tax and penalty under this act, or the whole of the money when it is equal to or less than that amount. explanation. for the purposes of this subsection, the amount of money due to a dealer from, or money held for or on account of a dealer by, any person, shall be calculated by the commissioner after deducting therefrom such claims if any lawfully subsisting, as may have fallen due for payment by such dealer to such person. 2 the commissioner may amend or revoke any such notice or extend the time for making any payment on pursuance of the notice. 3 any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the dealer, and the receipt thereof by the commissioner shall constitute a good and sufficient discharge of the liability of such person to the extent of the amount specified in the receipt. 4 any person discharging any liability to the dealer after receipt of the notice referred to in this section, shall be personally liable to the commissioner to the extent of the liability discharged or to the extent of the liability of the dealer for tax and penalty, whichever is less. 5 where a person to whom a notice under this section is sent, proves to the satisfaction of the commissioner that the sum demanded or any part thereof is not due to the dealer or that he does not hold any money for or on account of the dealer, then, nothing contained in this section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, to the commissioner. 6 any amount of money which the aforesaid person is required to pay to the commissioner, or for which he is personally liable to the commissioner under this section shall, if it remains unpaid, be recoverable as an arrear of land revenue. 7 the commissioner may apply to the court in whose custody there is money belonging to the dealer for payment to him of the entire amount of such money or if it is more than the tax and penalty, if any, due, an amount sufficient to discharge such tax and the penalty.

section 27. of the delhi sales tax act : 1 if any dealer fails to pay the tax due as required by subsection 3 of section 21, he shall, in addition to the tax including any penalty due, be liable to pay simple interest on the amount so due at one per cent. per month from the date immediately following the last date for submission of the return under subsection 2 of the said section for a period of one month, and at one and a half per cent. per month thereafter for so long as he continues to make default in such payment or till the date of completion of assessment under section 23, whichever is earlier. 2 when a dealer or a person is in default or is deemed to be in default in making the payment of tax, he shall, in addition to the amounts payable under section 23 or section 24, be liable to pay simple interest on such amount at one per cent. per month from the date of such default for a period of one month, and at one and a half per cent. per month thereafter for so long as he continues to make default in the payment of the said amount. 3 where as a result of any final order the amount of tax including any penalty due or in default is wholly reduced, the amount of interest, if any, paid shall be refunded, or if such amount is varied, the interest due shall be calculated accordingly: provided that where any amount of tax payable is enhanced by any such order, interest shall be payable on the amount by which the tax is enhanced after the expiry of a period of three months from the date of the order: provided further that where the realisation of any amount remains stayed by the order of any court or authority and such order is subsequently vacated, interest shall be payable also for any period during which such order remained in operation. 4 the interest payable under this section shall be deemed to be tax due under this act.

section 30. of the delhi sales tax act : 1 if any person satisfies the commissioner that the amount of tax paid by him or on his behalf for any year exceeds the amount payable by him under this act for that year, he shall, on making a claim in the prescribed form and verified in the prescribed manner, be entitled to refund of the excess either by cash payment or at his option by deduction of such excess from the amount of tax and penalty if any due in respect of any other period: provided that the commissioner shall first apply such excess towards the recovery of any amount in respect of which a notice under section 25 has been issued and shall then refund the balance, if any. explanation. when no assessment is made, the due tax paid under section 21 by the dealer shall be deemed to be the tax payable under this act. 2 where on account of death, incapacity, insolvency, liquidation or other cause a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his estate. 3 no claim for refund under subsection 1 shall be allowed unless it is made within a period of twelve months from the date of the order giving rise to a claim for such refund, and the commissioner shall, except as otherwise provided in this act, refund any amount which becomes due to a dealer in the prescribed manner: provided that the commissioner may allow a claim for refund to be made after the expiry of the said period but not later than twelve months from such expiry, if he is satisfied that there was sufficient cause for not making such claim within that period. 4 where an amount required to be refunded by the commissioner to any person as a result of any order passed in appeal or other proceedings under this act is not so refunded to him within ninety days from the date of his claim under subsection 3, such person shall be entitled to be paid simple interest on such amount at one per cent. per month from the date immediately following the expiry of the period of ninety days for a period of one month and at one and a half per cent. per month, thereafter for so long as the refund is not made. explanation. if the delay in making the refund during any of the periods referred to in this subsection is attributable to the person making the claim, whether wholly or in part, the period of the delay attributable to him shall be excluded from the period for which interest is payable. 5 where any question arises as to the period to be excluded for the purposes of calculation of interest under subsection 4, such question shall be determined by the commissioner whose decision thereon shall be final. 6 where an order giving rise to a refund is the subject matter of an appeal or further proceeding or where any other proceeding under this act is pending and the commissioner is of opinion that the grant of the refund is likely to adversely affect the revenue, the commissioner may withhold the refund till such time as the commissioner may determine. 7 in any claim for refund, it shall not be open to the dealer to question the correctness of any assessment or other matter decided which has become final and conclusive or ask for a review of the same and the dealer shall not be entitled to any relief on such claim except refund of tax wrongly paid or paid in excess. 8 any tax levied and collected under this act in respect of sale in delhi of any declared goods which are subsequently sold in the course of interstate trade or commerce, shall be reimbursed to the person making the sale on the course of interstate trade or commerce, in such manner and subject to such conditions as may be prescribed. explanation. for the purposes of subsection 8, declared goods means goods declared by section 14 of the central sales tax act, 74 of to be of special importance in interstate trade or commerce.

section 35. of the delhi sales tax act : where the business in respect of which tax is payable under this act is carried on by, or is in the charge of any guardian, trustee or agent of a minor or other incapacitated person on his behalf and for the benefit of such minor or other incapacitated person, the tax including any penalty shall be levied upon and recoverable from such guardian, trustee or agent, as the case may be, in like manner and to the same extent as it would be assessed upon and recoverable from any such minor or other incapacitated person, if he were of full age and of sound mind and if he were conducting the business himself, and all the provisions of this act shall, so far as may be, apply accordingly.

section 31. of the delhi sales tax act : 1 where the commissioner is satisfied that delay beyond the prescribed period has occurred in the grant of a certificate of registration to a dealer and that such delay was not wholly due to any fault, omission or negligence on the part of the dealer, the amount of tax, if any, paid on sales of goods made to such dealer which would not have been payable but for the delay in the grant of a certificate of registration as aforesaid, shall be adjusted against any amount payable by the dealer under this act: provided that a in case the amount of tax so paid by the dealer exceeds his liability to pay any amount under this act, the adjustment shall be made to the extent of such liability and the balance shall be refunded to the dealer and b in case there is no liability to pay any amount under this act, the entire amount of tax paid shall be refunded to the dealer: provided further that the dealer shall not be entitled to any such adjustment or refund in respect of the goods which are not specified in the certificate of registration granted to him. 2 no application for adjustment or refund of tax under this section shall be entertained unless it is made within three months from the date on which a certificate of registration is granted to the dealer.

section 32. of the delhi sales tax act : 1 where a dealer, liable to pay tax under this act, transfers his business in whole or in part, by sale, gift, lease, leave or licence, hire or in any other manner whatsoever, the dealer and the person to whom the business is so transferred shall jointly and severally be liable to pay the tax including any penalty due from the dealer up to the time of such transfer, whether such tax including any penalty has been assessed before such transfer, but has remained unpaid or is assessed thereafter. 2 where the transferee or the lessee of a business referred to in subsection 1 carries on such business either in his own name or in some other name, he shall be liable to pay tax on the sale of goods effected by him with effect from the date of such transfer and shall, if he is an existing dealer, apply within the prescribed time for amendment of his certificate of registration.

section 34. of the delhi sales tax act : notwithstanding any contract to the contrary, where any firm is liable to pay any tax including any penalty under this act, the firm and each of the partners of the firm shall be jointly and severally liable for such payment: provided that where any such partner retires from the firm, he shall intimate the date of his retirement to the commissioner by a notice in that behalf in writing and he shall be liable to pay tax including any penalty remaining unpaid at the time of his retirement and any tax including any penalty due up to the date of his retirement though unassessed on that date: provided further that if no such intimation is given within fifteen days from the date of retirement, the liability of the partner under the first proviso shall continue until the date on which such intimation is received by the commissioner.

section 36. of the delhi sales tax act : where the estate or any portion of the estate of a dealer owning a business in respect of which tax is payable under this act is under the control of the court of wards, the administratorgeneral, the official trustee or any receiver or manager including any person, whatever be his designation, who in fact manages the business appointed by or under any order of a court, the tax including any penalty shall be levied upon and be recoverable from such court of wards, administratorgeneral, official trustee, receiver or manager in like manner and to the same extent as it would be assessable upon and be recoverable from the dealer if he were conducting the business himself and all the provisions of this act shall, so far as may be, apply accordingly.

section 43. of the delhi sales tax act : 1 any person aggrieved by any order, not being an order mentioned in section 44 passed under this act or the rules made thereunder, may appeal to the prescribed authority: provided that where an order, not being an order mentioned in section 44 or made under section 47 is passed by the commissioner, the person aggrieved may appeal therefrom to the appellate tribunal. 2 the commissioner or any person aggrieved by an order passed in appeal by the prescribed authority may appeal to the appellate tribunal against such order. 3 subject to the provisions of section 62, no appeal shall be entertained unless it is filed within sixty days from the date of service of the order appealed against. 4 every appeal filed under this section shall be in the prescribed form and shall be verified in the prescribed manner and in the case of an appeal to the appellate tribunal filed by any person other than the commissioner, shall be accompanied by a fee of fifty rupees. 5 no appeal against an order of assessment with or without penalty or against an order imposing the penalty shall be entertained by an appellate authority unless such appeal is accompanied by a satisfactory proof of the payment of tax with or without penalty or, as the case may be, of the payment of the penalty in respect of which the appeal has been preferred: provided that the appellate authority may, if it thinks fit, for reasons to be recorded in writing, entertain an appeal against such order a without payment of the tax and penalty, if any, or as the case may be, of the penalty, on the appellant furnishing in the prescribed manner security for such amount as it may direct, or b on proof of payment of such smaller sum, with or without security for such amount of tax or penalty which remains unpaid, as it may direct: provided further that no appeal shall be entertained by the appellate authority unless it is satisfied that such amount of tax as the appellant may admit to be due from him has been paid. 6 the appellate authority may, after giving the appellant an opportunity of being heard, a confirm, reduce, enhance or annul the assessment including any penalty imposed, or b set aside the assessment including any penalty imposed and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed, or c pass such order as it may think fit. 7 save as provided in section 45, an order passed by appellate tribunal on appeal shall be final.

section 37. of the delhi sales tax act : 1 where a dealer is a firm or an association of persons or a hindu undivided family, and such firm, association or family has discontinued business a the tax payable under this act, by such firm, association or family up to the date of such discontinuance may be assessed as if no such discontinuance had taken place and b every person who was at the time of such discontinuance a partner of such firm, or a member of such association or family, shall, notwithstanding such discontinuance, be liable jointly and severally for the payment of tax assessed and penalty imposed and payable by such firm, association or family, whether such tax including any penalty has been assessed prior to or after such discontinuance, and subject as aforesaid, the provisions of this act shall, so far as may be, apply as if every such person or partner or member were himself a dealer: provided that where the partner of a firm liable to pay such tax including any penalty dies, the provisions of subsection 4 shall, so far as may be, apply. 2 where a change has occurred in the constitution of a firm or association, the partners or members of the firm or association as it existed before and as it exists after its reconstitution, shall, without prejudice to the provisions of section 34, jointly and severally be liable to pay any tax including any penalty due from such firm or association for any period before its reconstitution. 3 the provisions of subsection 1 shall, so far as may be, apply where the dealer, being a firm or association of persons, is dissolved or where the dealer, being a hindu undivided family, has effected partition with respect to the business carried on by it and accordingly references in that subsection to discontinuance shall be construed as references to dissolution or, as the case may, to partition. 4 where a dealer liable to pay tax under this act dies, than a if the business carried on by the dealer is continued after his death by his legal representative or any other person, such legal representative or other person, shall be liable to pay the tax including any penalty due from the dealer under this act, whether such tax including any penalty has been assessed before his death but has remained unpaid, or is assessed after his death b if the business carried on by the dealer is discontinued after his death, his legal representative shall be liable to pay out of the estate of the deceased, to the extent the estate is capable of meeting the charge, the tax including any penalty due from the dealer under this act, whether such tax including any penalty has been assessed before his death but has remained unpaid, or is assessed after his death, and the provisions of this act shall, so far as may be, apply to such legal representative or other person as if he were the dealer himself. explanation. for the purposes of this subsection and section 40, legal representative has the meaning assigned to it in clause 11 of section 2 of the code of civil procedure, 5 of .

section 38. of the delhi sales tax act : 1 every dealer liable to pay tax under this act, and every other dealer on whom a notice has been served to furnish returns under subsection 2 of section 21 shall keep at his place of business a true account of the value of goods bought and sold by him, and if the commissioner considers that such account is not sufficiently clear and intelligible to enable him to make a proper check of the returns referred to in that subsection, he may require such dealer by notice in writing to keep such accounts including records of purchases and sales and as may be specified therein. 2 the commissioner may, by notification in the official gazette, direct any class of registered dealers generally to keep such accounts including records of purchases and sales as may be specified in the notification subject to such conditions and restrictions as may be prescribed.

section 44. of the delhi sales tax act : no appeal and no application for revision shall lie against a a notice issued under this act calling upon a dealer for assessment or asking a dealer to show cause as to why he should not be prosecuted for an offence under this act or b an order pertaining to the seizure or retention of books of accounts, register and other documents or c an order sanctioning prosecution under this act or d an interim order passed in the course of any proceedings under this act.

section 39. of the delhi sales tax act : if a registered dealer a sells goods to another registered dealer, or b makes sales in the course of interstate trade or commerce, or c sells any goods exceeding ten rupees in value in any one transaction to any other person, he shall issue to the purchaser a bill or cash memorandum serially numbered, signed and dated by him or his servant, manager or agent and showing therein his name and address and such other particulars as may be prescribed and he shall keep a duplicate or copy of such bill or cash memorandum duly signed and dated and preserve it for a period of not less than five years from the end of the year unless any proceedings in respect of that year are pending in which case they shall be preserved till the final decision in those proceedings: provided that if in respect of any goods or class of goods or any dealers or class of dealers, the administrator is of the opinion that it is not practicable to issue any bills or cash memoranda for sale of goods exceeding ten rupees in value in any one transaction to any other person, he may, by notification in the official gazette, i specify such amount exceeding ten rupees in value as the amount for the issue of such bills or cash memoranda ii exempt such goods or class of goods or dealers or class of dealers from the operation of this section.

section 40. of the delhi sales tax act : if any dealer to whom the provisions of subsection 2 of section 21 apply a sells or otherwise disposes of his business or any part of his business or any place of business, or effects or comes to know of any other change in the ownership of the business or b discontinues his business or changes his place of business or warehouse, or opens a new place of business or c changes the name or nature of his business, or effects any change in the goods or class of goods in which he carries on his business and which is or are specified in his certificate of registration or d enters into partnership or other association in regard to his business, he shall, within the prescribed time, inform the prescribed authority accordingly, and if any such dealer dies, his legal representative shall in like manner inform the said authority.

section 41. of the delhi sales tax act : 1 the commissioner may, subject to such conditions as may be prescribed, require any dealer a to produce before him such books of accounts, registers or documents, b to furnish such information relating to the stock of goods of, or purchases, sales or deliveries of goods by, the dealer or any other information relating to his business, as may be deemed necessary, for the purposes of this act. 2 a all books of accounts, registers and documents relating to the stock of goods of, or purchases, sales and deliveries of goods by, any dealer, and b all goods kept in any place of business or warehouse of any dealer, shall at all reasonable times be open to inspection by the commissioner and the commissioner may take or cause to be taken such copies or extracts of the said books of accounts, registers or documents and such inventory of the goods found as appear to him necessary for the purposes of this act. 3 where the commissioner, upon information in his possession or otherwise, has reasonable grounds to believe that a any person to whom a notice under this act was issued to produce, or cause to be produced, any books of accounts or other documents has omitted or failed to produce or caused to be produced such books of accounts or other documents, as required by such notice, or b any person to whom a notice as aforesaid has been or might be issued, will not, or would not produce or cause to be produced any books of accounts or other documents which will be useful for, or relevant to, any proceedings under the bengal finance sales tax act, bengal act vi of , as it was in force in delhi, or under this act, c books of accounts, registers or documents of any dealer may be destroyed, mutilated, altered, falsified or secreted or any sales by that dealer have been or may be suppressed, with a view to evade or attempt to evade payment of tax due under the bengal finance sales tax act, bengal act vi of , as it was in force in delhi, or under this act,the commissioner or any other person appointed under subsection 2 of section 9, if so authorised by the commissioner may, i enter and search any building or place where he has reason to suspect that books of accounts and other documents or the sale proceeds are kept ii break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause i where the keys thereof are not available iii seize any such books of accounts or other documents or any inventory of goods as appear to him necessary for the purposes of this act iv place marks of identification on any books of accounts or other documents or make or cause to be made extracts or copies therefrom v make a note or any inventory of any such money or goods found as a result of such search vi seal the premises including the office, shop, godown, box, locker, safe, almirah or other receptacle if the owner or the person in occupation or in charge of such office, shop, godown, box, locker, safe, almirah or other receptacle leaves the place or is not available or fails or refuses to open it when called upon to do so. 4 the commissioner may requisition the services of any police officer or any public servant, or of both to assist him for all or any of the purposes specified in subsection 3. 5 where the commissioner seizes any books of accounts or other documents, he shall give the dealer or the person present on his behalf, as the case may be, a receipt for the same and obtain acknowledgement of the receipt so given to him: provided that if the dealer or person from whose custody the books of accounts or other documents are seized refuses to give an acknowledgement, the commissioner may leave the receipt at the premises and record this fact: provided further that the dealer or person aforesaid may file objections before the commissioner against such search, seizure or inventory within seven days of such search seizure or inventory. 6 the commissioner shall keep in his custody the books of accounts, registers or documents seized under subsection 3 for such period not later than the completion of all the proceedings under this act in respect of years for which those books of accounts, registers or documents are relevant, as he considers necessary, and thereafter shall return the same to the dealer or any other person from whose custody or power they were seized: provided that the commissioner may, before returning such books of accounts or other documents as aforesaid, place or cause to be placed such marks of identification thereon as appear to him to be necessary: provided further that the commissioner may, before returning the books of accounts and other documents, require that the dealer or the person, as the case may be, shall give a written undertaking that the books of accounts and other documents shall be presented whenever required by any competent authority for any proceedings under this act. 7 save as otherwise provided in this section, every search or seizure made under this section shall be carried on in accordance with the provisions of the code of criminal procedure, 2 of , relating to searches or seizures made under that code. 8 the commissioner may, for the purposes of this act a require any person, including a banking company, post office or any officer thereof, to furnish information in relation to such points or matters or to furnish statements of accounts and affairs verified in the manner specified by him, giving information in relation to such points or matters as in his opinion will be useful for, or relevant to, any proceeding under this act b require any person i who transports or holds in custody, for delivery to or on behalf of any dealer any goods to give any information likely to be in his possession in respect of such goods or to permit inspection thereof, as the case may be ii who maintains or has in his possession any books of accounts, registers or documents relating to the business of a dealer to produce such books of accounts, registers or documents for inspection.

section 47. of the delhi sales tax act : 1 in the case of any order, other than an order referred to in section 44 or to which section 46 applies, passed by a person appointed under subsection 2 of section 9 to assist him, the commissioner may, either on his own motion or on an application filed in accordance with such rules as may be prescribed, call for the record of any proceeding under this act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this act, may pass such orders thereon, not being an order prejudicial to the dealer, as he thinks fit: provided that the commissioner shall not revise any order under this subsection, a where an appeal against the order is pending before the appellate authority under section 43 or b where, if such appeal lies, the time within which it may be filed has not expired, or c where in the case of the second appeal, the dealer has not waived his right of appeal. 2 the commissioner shall not on his own motion revise any order under this section after the expiry of two years from the date of the order sought to be revised. 3 in the case of an application for revision under this section by the dealer, the application shall be made within two years from the date on which the order in question was communicated to him or the date on which he otherwise comes to know of it, whichever is earlier.

section 42. of the delhi sales tax act : 1 the commissioner or any person appointed under subsection 2 of section 9 to assist him shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a enforcing the attendance of any person and examining him on oath or affirmation b compelling the production of accounts and documents and c issuing commissions for the examination of witnesses, and any proceeding under this act before the commissioner or any person appointed under subsection 2 of section 9 to assist him shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the indian penal code 45 of . 2 subject to any rule made in this behalf, any authority referred to in subsection 1 may impound and retain in its custody for such period as it thinks fit, any books of accounts or other documents produced before it in any proceedings under this act: provided that a person appointed under subsection 2 of section 9 to assist the commissioner shall not a impound any books of accounts or other documents without recording his reasons for so doing or b retain in his custody any such books or documents for a period exceeding thirty days, without obtaining the approval of the commissioner therefor.

section 45. of the delhi sales tax act : 1 within sixty days from the date of an order passed by the appellate tribunal under subsection 6 of section 43, the dealer or the commissioner may, by application in writing, and accompanied, where the application is made by a dealer, by a fee of fifty rupees, require the appellate tribunal to refer to the high court any question of law arising out of such order, and, subject to the other provisions contained in this section, the appellate tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the high court: provided that the appellate tribunal may, if it is satisfied that the dealer or the commissioner was prevented by sufficient cause from presenting the application within the period here in before specified, allow it to be presented within a further period not exceeding thirty days. 2 if the appellate tribunal refuses to state the case which it has been required to do, on the ground that no question of law arises, the dealer or the commissioner, as the case may be, within thirty days of the communication of such refusal either withdraw his application and if he does so, any fee paid shall be refunded, or apply to the high court against such refusal. 3 if upon receipt of an application under subsection 2, the high court is not satisfied as to the correctness of the decision of the appellate tribunal, it may require the appellate tribunal to state the case and refer it, and on receipt of such requisition, the appellate tribunal shall state the case and refer it accordingly. 4 if the high court is not satisfied that the statement in a case referred to it are sufficient to enable it to determine the questions raised thereby, the court may refer the case back to the appellate tribunal for the purpose of making such additions thereto or alternations therein as it may direct in that behalf. 5 the high court upon the hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded, and shall send to the appellate tribunal a copy of such judgment under the seal of the court and the signature of the registrar, and the appellate tribunal shall dispose of the case accordingly. 6 where a reference is made to the high court under this section, the costs which shall not include the fee referred to in subsection 1 shall be in the discretion of the court. 7 the payment of the amount of tax and penalty if any due in accordance with the order of the appellate tribunal in respect of which an application has been made under subsection 1 shall not be stayed pending the disposal of such application or any reference made in consequence thereof but if such amount is reduced as a result of such reference, the excess tax paid shall be refunded in accordance with the provisions of section 30.

section 51. of the delhi sales tax act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means a body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 46. of the delhi sales tax act : the commissioner may call for and examine the records of any proceeding under this act and if he considers that any order passed therein by any person appointed under subsection 2 of section 9 to assist him, is erroneous in so far as it is prejudicial to the interests of revenue, he may, after giving the dealer an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment and penalty if any imposed or cancelling the assessment and penalty if any imposed and directing a fresh assessment: provided that a final order under this section shall be made before the expiry of five years from the date of the order sought to be revised.

section 53. of the delhi sales tax act : 1 subject to such conditions as may be prescribed, the commissioner may authorise either generally or in respect of a particular case or class of cases any person appointed under subsection 2 of section 9 to assist him to investigate all or any of the offences punishable under this act. 2 every person so authorised shall, in the conduct of such investigation exercise the powers conferred by the code of criminal procedure, 2 of , upon an officer in charge of a police station for the investigation of a cognizable offence.

section 48. of the delhi sales tax act : 1 the commissioner or any person appointed under subsection 2 of section 9 to assist him, may at any time within two years from the date of any order passed by the commissioner or by that person, as the case may be, on his own motion, rectify any mistake apparent from the record, and shall within a like period, rectify any such mistake which has been brought to his notice by any person affected by such order: provided that no such rectification shall be made, if it has the effect of enhancing the tax or reducing the amount of refund, unless the commissioner or the person appointed under subsection 2 of section 9 to assist him, as the case may be, has given notice in writing to the person likely to be affected by the order of his intention to do so and has allowed such person a reasonable opportunity of being heard. 2 the provisions of subsection 1 shall apply to the rectification of a mistake by an appellate authority under section 43 as they apply to the rectification of a mistake by the commissioner. 3 where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in subsection 1 or subsection 2, the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under subsection 1 or subsection 2, as the case may be, in relation to any matter other than the matter which has been so considered and decided. 4 where any such rectification has the effect of reducing the amount of the tax or penalty, the commissioner shall, in the prescribed manner, refund any amount due to such person. 5 where any such rectification has the effect of enhancing the amount of the tax or penalty or reducing the amount of the refund, the commissioner shall recover the amount due from such person in the manner provided for in chapter v. 6 save as provided in the foregoing subsections, and subject to such rules as may be prescribed, any assessment made or order passed under this act or the rules made thereunder by any person appointed under section 9 or by the appellate tribunal may be reviewed by such person or by the appellate tribunal, as the case may be, suo motu or upon an application made in that behalf. 7 before any order is passed under subsection 6 which is likely to affect any person adversely, such person shall be given a reasonable opportunity of being heard.

section 49. of the delhi sales tax act : 1 if any question arises, otherwise than in proceedings before a court, or before the commissioner has commenced assessment or reassessment of a dealer under section 23 or 24, whether for the purposes of this act, a any person, society, club or association or any firm or any branch or department of any firm is a dealer or b any particular thing done to any goods amounts to or results in the manufacture of goods within the meaning of that term as given in clause h of section 2 or c any transaction is a sale, and if so, the sale price therefor or d any particular dealer is required to be registered or e any tax is payable in respect of any particular sale, or if the tax is payable, the rate thereof, the commissioner shall, within such period as may be prescribed, make an order determining such question. explanation. for the purposes of this subsection, the commissioner shall be deemed to have commenced assessment or reassessment of a dealer under section 23 or section 24, when the dealer is served with any notice by the commissioner under section 23 or section 24 as the case may be. 2 the commissioner may direct that the determination shall not affect the liability of any person under this act as respects any sale effected prior to the determination. 3 if any such question arises from any order already passed under this act or under the bengal finance sales tax act, bengal act vi of , as then in force in delhi, no such question shall be entertained for determination under this section but such question may be raised in appeal against, or by way of revision of such order.

section 50. of the delhi sales tax act : 1 whoever a holds, gives, produces or accepts a declaration under the second proviso to clause a of subsection 2 of section 4, or under the first proviso to section 5, which he knows or has reason to believe to be false or b carries on business as a dealer without obtaining a certificate of registration as required under subsection 1 of section 14 or subsection 1 of section 17 or c not being a registered dealer, represents when purchasing goods that he is a registered dealer or d being a registered dealer, represents when purchasing any goods or class of goods not covered by his certificate of registration, that such goods or class of goods are covered by such certificate or e fails to comply with the provisions of subsection 5 of section 20 or f fails to submit any return as required by subsection 2 of section 21 by the prescribed date or submits a false return or g not being a registered dealer, collects any amount by way of tax under this act or make any collection of such tax otherwise than in accordance with this act or the rules made thereunder or h fails to keep a true account of the value of goods bought or sold by him as required by section 38, or fails when required so to do under that section, to keep any account or record of purchases or sales specified in any notice or notification referred to in that section or i fails or neglects to issue cash memorandum or bills as required under section 39 or j knowingly maintains or produces incorrect accounts, registers or documents or knowingly furnishes incorrect information or k neglects to furnish any information required by section 40 or l refuses to comply with any requirements made of him under section 41 or m closes his place of business with a view to preventing inspection under section 41 or n obstructs or prevents any officer making inspection, search or seizure under section 41, or performing any functions under section 64, as the case may be or o being the owner or person in charge of a goods vehicle fails, neglects or refuses to comply with any of the requirements contained in section 64 or p aids or abets any person in the commission of any offence specified in clauses a to o, shall be punishable with rigorous imprisonment for a term which may extend to six months or with fine, or with both, and where the offence is a continuing one, with a daily fine not exceeding two hundred rupees during the period of the continuance of the offence: provided that no prosecution for an offence under this act shall be instituted in respect of the same facts in respect of which a penalty has been imposed under subsection 6 of section 20, subsection 6 of section 23, section 55, section 56 or section 57: provided further that a person shall not be deemed to have committed an offence under clause b if he had applied for registration under this act in accordance with the provisions of subsection 2 of section 14, or subsection 2 of section 17, as the case may be. 2 notwithstanding anything contained in subsection 1, if any person commits an offence under clause a or clause f or clause j or clause l or clause m or clause o of that subsection and the court is satisfied that the offence has been committed wilfully, he shall be punishable with rigorous imprisonment for a term which may extend to six months and with fine, and where the offence is a continuing one, with a daily fine not exceeding three hundred rupees during the period of the continuance of the offence.

section 52. of the delhi sales tax act : 1 no court shall take cognizance of any offence under this act or rules made thereunder except with the previous sanction of the commissioner, and no court inferior to that of a metropolitan magistrate shall try any such offence. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , all offences punishable under this act or rules made thereunder shall be cognizable and bailable.

section 55. of the delhi sales tax act : 1 if a dealer fails without reasonable cause to furnish any return by the prescribed date as required under subsection 2 of section 21, or to pay the tax due according to the return as required by subsection 3 of that section, the commissioner may after giving the dealer an opportunity of being heard, direct that the dealer shall pay, by way of penalty, in addition to the amount of tax payable, a sum not exceeding twice that amount or where no tax is payable a sum not exceeding two thousand rupees. 2 the penalties specified under subsection 1 may be imposed by the commissioner notwithstanding the fact that assessment proceedings have not been initiated against the dealer under section 23.

section 54. of the delhi sales tax act : 1 subject to such conditions as may be prescribed, the commissioner may accept, from any person alleged to have committed an offence under section 50 or under any rules made under this act, either before or after the commencement of any proceedings against such person in respect of such offence, by way of composition for such offence, a sum not exceeding five thousand rupees or where the offence alleged to have been committed is under any of the clauses a, b, c, d and f of that section, not exceeding three times the amount of the tax which would thereby have been avoided, whichever is higher. 2 on payment in full of such sum as may be determined by the commissioner under subsection 1, a no proceedings shall be commenced against such person as aforesaid and b if any proceedings have already been commenced against such person as aforesaid, such proceedings shall not be further proceeded with.

section 56. of the delhi sales tax act : 1 if the commissioner or any person appointed under subsection 2 of section 9 to assist him, in the course of any proceedings under this act, is satisfied that a dealer has concealed the particulars of his sales or has furnished inaccurate particulars of his sales, he may, after giving the dealer a reasonable opportunity of being heard, direct that the dealer shall pay, by way of penalty, in addition to the amount of tax payable, a sum not exceeding two and a half times the amount of tax which would thereby have been avoided. 2 if a person commits an offence under clause a of section 50, the commissioner or any person appointed under subsection 2 of section 9 to assist him may, after giving that person a reasonable opportunity of being heard, by order in writing, impose upon such person by way of penalty, a sum not exceeding two and a half times the amount of tax which would thereby have been avoided. 3 if a person purchasing goods commits an offence under clause c or clause d of section 50, the authority which granted him, or, as the case may be, is competent to grant him a certificate of registration under this act, may, after giving him a reasonable opportunity of being heard by order in writing impose upon him by way of penalty, a sum not exceeding two and a half times the tax which could have been levied under this act in respect of the sale to him of the goods, if the offence had not been committed.

section 57. of the delhi sales tax act : if any person acts in contravention of the provisions of section 22, he shall be liable to a penalty not exceeding two and a half times the tax wrongly collected: provided that the commissioner shall not impose such penalty unless the person concerned has been given an opportunity of being heard.

section 58. of the delhi sales tax act : 1 where a hindu undivided family has been partitioned, notices under this act may be served on the person who was the last manager of the hindu family, or if such person cannot be found, then on all adults who were members of the hindu family, immediately before the partition. 2 where a firm or an association of persons is dissolved, notices under this act may be served on any person who was a partner not being a minor of the firm, or member of the association, as the case may be, immediately before its dissolution.

section 63., to be confidential. of the delhi sales tax act : 1 all particulars contained in any statement made, return furnished or accounts or documents produced in accordance with this act, or in any record of evidence given in the course of any proceedings under this act, other than proceedings before a criminal court, shall, save as provided in subsection 3, be treated as confidential, and notwithstanding anything contained in the indian evidence act, 1 of , no court shall, save as aforesaid, be entitled to require any servant of the government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof. 2 if, save as provided in subsection 3, any servant of the government discloses any of the particulars referred to in subsection 1, he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine. 3 nothing in this section shall apply to the disclosure a of any of the particulars referred to in subsection 1 for the purposes of investigation or prosecution under this act or the indian penal code 45 of or any other enactment for the time being in force or b of such facts to an officer of the central government or any state government as may be necessary for verification of such facts or for the purposes of enabling that government to levy or realise any tax imposed by it or c of any such particulars where such disclosure is occasioned by the lawful employment under this act of any process for the service of any notice or the recovery of any demand or d of any such particulars to a civil court in any suit or proceeding to which the government or any sales tax authority is a party and which relates to any matter arising out of any proceeding under this act or under any other law for the time being in force authorizing any sales tax authority to exercise any powers thereunder or e of any such particulars by any public servant where the disclosure is occasioned by the lawful exercise by him of his powers under the indian stamp act, 2 of , to impound an insufficiently stamped document or f of any such particulars to the reserve bank of india as are required by that bank to enable it to compile financial statistics of international investment and balance of payment or g of any such particulars to any officer appointed by the comptroller and auditorgeneral of india for purpose of audit of tax receipts or refunds or h of any such particulars relevant to any inquiry into a charge of misconduct in connection with incometax proceedings against a legal practitioner or chartered accountant, to the authority empowered to take disciplinary action against members of the profession to which he belongs or i of such particulars to the officers of the central government or any state government for such other purposes, as the administrator may by general or special order direct.

section 59. of the delhi sales tax act : where an assessment is to be made in respect of business which has been discontinued, a notice under this act shall be served in the case of a firm or an association of persons on any person who was a member of such firm or association at the time of its discontinuance or in the case of a company on the principal officer thereof.

section 60. of the delhi sales tax act : 1 any person, who is entitled or required to attend before any authority in connection with any proceedings under this act, may attend, a by a person authorised by him in writing in this behalf, being a relative or a person regularly employed by him or b by a legal practitioner or chartered accountant who is not disqualified by or under subsection 2 or c by a sales tax practitioner who possesses the prescribed qualifications and is entered in the list which the commissioner shall maintain in that behalf, and who is not disqualified by or under subsection 2. 2 the commissioner may, by order in writing and for reasons to be recorded therein, disqualify for such period as is stated in the order from attending before any such authority any legal practitioner, chartered accountant or sales tax practitioner i who has been removed or dismissed from government service or ii who being a legal practitioner or chartered accountant is found guilty of misconduct in connection with any proceedings under this act by an authority empowered to take disciplinary action against the members of the profession to which he belongs or iii who being a sales tax practitioner is found guilty of such misconduct by the commissioner. 3 no order of disqualification shall be made in respect of any particular person unless he has been given a reasonable opportunity of being heard. 4 any person against whom any order of disqualification is made under this section may, within one month of the date of communication of such order, appeal to the administrator to have the order cancelled. 5 the order of the commissioner shall not take effect until one month of the making thereof or when an appeal is preferred, until the appeal is decided. 6 the commissioner may at any time suo motu or on an application made to him in this behalf, revoke any order made against any person under subsection 2 and thereupon such person shall cease to be disqualified.

section 61. of the delhi sales tax act : whenever in respect of any proceeding under this act the commissioner or any person appointed under subsection 2 of section 9 to assist him, ceases to exercise jurisdiction and is succeeded by another who has and exercises jurisdiction, the person so succeeding may continue the proceeding from the stage at which the proceeding was left by his predecessor: provided that the dealer concerned may demand that before the proceeding is so continued, the previous proceeding or any part thereof be reopened or that before any order of assessment is passed against him, he be reheard.

section 65., of dealers whose certificates of registration are cancelled. of the delhi sales tax act : the commissioner shall, at intervals not exceeding three months, publish in the official gazette such particulars as may be prescribed of dealers whose certificates of registration are cancelled under the provisions of this act.

section 62. of the delhi sales tax act : 1 an appellate authority may admit an appeal under section 43 after the period of limitation laid down in that section, if the appellant satisfies the appellate authority that he has sufficient cause for not preferring the appeal within such period. 2 in computing the period laid down under sections 43, 45, 46 and 47, the provisions of sections 4 and 12 of the limitation act, 36 of , shall, so far as may be, apply. 3 in computing the period of limitation prescribed by or under any provision of this act, or the rules made thereunder, other than section 43, 45, 46 or 47, any period during which any proceeding is stayed by an order or injunction of any court shall be excluded.

section 64. of the delhi sales tax act : 1 the administrator may, by notification in the official gazette, set up checkposts or barriers, or both, at any place in delhi with a view to preventing evasion of tax and other dues payable under this act. 2 the owner or person in charge of a goods vehicle shall carry with him a goods vehicle record, a trip sheet or a log book, as the case may be, and a bill of sale or a delivery note containing such particulars as may be prescribed in respect of the goods carried in the goods vehicle and produce the same before any officer in charge of a checkpost or barrier or any other officer as may be empowered by the administrator in this behalf. 3 the owner or person in charge of a goods vehicle entering or leaving delhi shall also file a declaration containing such particulars in the prescribed form obtainable from the prescribed authority and in such manner as may be prescribed, before the officer in charge of a checkpost or barrier or before the other officer empowered as aforesaid: provided that where the owner or person in charge of a goods vehicle after filing a declaration at the time of entering delhi that the goods are meant to be carried to a place outside delhi, fails, without reasonable cause, to carry such goods outside delhi within the prescribed period, he shall, in addition to the payment of tax, if any, be liable to a penalty not exceeding two and a half times the tax that would have been payable had the goods been sold inside delhi or one thousand rupees, whichever is more. 4 at every checkpost or barrier, or at any other place when so required by an officer empowered by the administrator in this behalf, the driver or any other person in charge of a goods vehicle shall stop the vehicle and keep it stationary so long as may be required by the officer in charge of the checkpost or barrier or the officer empowered as aforesaid to search the goods vehicle or part thereof, examine the contents therein and inspect all records relating to the goods carried, which are in the possession of such driver or other person in charge, who shall, if so required, give his name and address and the name and address of the owner of the vehicle as well as those of the consignor and consignee of the goods. 5 if on an examination of the contents in a goods vehicle or the inspection of records relating to the goods carried, any officer empowered by the administrator in this behalf has reason to believe that the owner or person in charge of such goods vehicle is attempting to evade payment of the tax due under this act, he may, for reasons to be recorded in writing and after hearing the owner or person in charge of the goods vehicle, detain the goods and the goods so detained shall not be allowed to be transported unless the owner, or his agent or the person in charge of the goods vehicle furnishes to the satisfaction of such officer security in such form and in such manner as may be prescribed for an amount not exceeding one thousand rupees or the amount of tax payable if such goods were sold in delhi, whichever is more. 6 where the security required to be furnished under subsection 5 is not furnished within the prescribed period such goods shall be disposed of in such manner and subject to such conditions as may be prescribed. explanation.for the purposes of this section, goods vehicle shall include a motor vehicle, vessel, boat, animal and any other form of conveyance.

section 68. of the delhi sales tax act : where, during the pendency of any proceeding under this act, any person creates a charge on or parts with the possession by way of sale, mortgage, gift or exchange or any other mode of transfer whatsoever, of any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by such person as a result of the completion of the said proceedings.

section 72. of the delhi sales tax act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 66. of the delhi sales tax act : 1 if the administrator is of opinion that it is necessary or expedient in the public interest so to do, he may, with the previous approval of the central government, exempt, by notification in the official gazette, and subject to such conditions, if any, as he may impose, any specified class of sales by any specified class of dealers from payment of the whole or any part of the tax payable under this act. 2 if in respect of any sales which are exempt from payment of tax under subsection 1, a breach of any of the conditions subject to which such exemption was granted, is committed, the dealer responsible for such breach shall be liable to pay tax in respect of all such sales as if no such exemption had been granted.

section 67. of the delhi sales tax act : no suit shall be brought in any civil court to set aside or modify any assessment made or any order passed under this act or the rules made thereunder and no prosecution, suit or other proceeding shall lie against the government or any officer of the government for anything in good faith done or intended to be done under this act or the rules made thereunder.

section 69. of the delhi sales tax act : nothing in chapter xxxvi of the code of criminal procedure, 2 of , shall apply to i any offence punishable under this act or ii any other offence which under the provisions of that code, may be tried along with such offence, and every offence referred to in clause i or clause ii may be taken cognizance of by the court having jurisdiction under this act as if the provisions of that chapter were not enacted.

section 73. of the delhi sales tax act : 1 the bengal finance sales tax act, bengal act vi of , as in force in delhi hereinafter referred to as the said act, is hereby repealed: provided that such repeal shall not affect the previous operation of the said act or any right, title, obligation or liability already acquired, accrued or incurred thereunder and subject thereto, anything done or any action taken including any appointment, notification, notice, order, rule, form or certificate in the exercise of any power conferred by or under the said act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on the date on which such thing was done or action was taken, and all arrears of tax and other amounts due at the commencement of this act may be recovered as if they had accrued under this act. 2 any application for revision pending immediately before the date on which the appellate tribunal is constituted under section 13 hereafter in this section referred to as the notified date, before the commissioner under the bengal finance sales tax act, bengal act vi of , as in force in the union territory of delhi shall on such date stand transferred to, and be disposed of by the tribunal: provided that no application for revision shall be transferred to the appellate tribunal if the petitioner making the application for revision waives his right of appeal to the tribunal within fifteen days after the notified date, in which case the application for revision shall be disposed of by the commissioner as if it were an application for revision made under section 47. 3 any application for revision, pending immediately before the notified date, before the commissioner and transferred to the appellate tribunal under subsection 2 shall be disposed of by the appellate tribunal as if it were an appeal made to the tribunal under and in accordance with the provisions of section 43 of this act. 4 where an appeal against an order passed by an officer under this act lies to the appellate tribunal after the notified date, and the period of limitation specified for filing such appeal under this act has not expired, then, such appeal shall lie to the tribunal within thirty days of the notified date or within the expiry of the period of limitation specified for filing such appeal, whichever is later.

section 70. of the delhi sales tax act : for the purposes of recovery of any amount recoverable as arrears of land revenue under this act, the provisions of the delhi land reforms act, delhi act 8 of , as to recovery of arrears of land revenue shall, notwithstanding anything contained in that act or in any other enactment, be deemed to be in force throughout delhi and the provisions of the revenue recovery act, 1 of , shall have effect accordingly.

section 75. of the delhi sales tax act : where a dealer liable to pay tax under the bengal finance sales tax act, bengal act vi of , as in force in delhi immediately before the commencement of this act is not liable to pay tax under the provisions of this act, he shall, notwithstanding the repeal of the first mentioned act, continue to be liable to pay tax on the sales made by him after such commencement of all goods i purchased by him before such commencement, ii manufactured by him before or after such commencement out of raw materials purchased before such commencement.

section 71. of the delhi sales tax act : 1 the administrator may make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the further period after the date of expiry of three consecutive years referred to in subsection 3 of section 3 for which liability to pay tax of a dealer shall continue b the particulars to be contained in a declaration under subclause v of clause a of subsection 2 of section 4, or under section 5, as the case may be, the form of such declaration, the authority from whom such forms shall be obtainable and the manner in which and the time within which such declaration is to be furnished. c the period of turnover, the manner in which the turnover in relation to sale of any goods under this act shall be determined and the sales turnover which may be deducted under subclause vi of clause a of subsection 2 of section 4 d the restrictions and conditions subject to which the commissioner may delegate his powers under section 10 e the authority to whom applications for registration under sections 14, 15, 16 and 17 may be made and the form of such applications and the fees payable in respect thereof f the procedure for and other matters incidental to registration of dealers, the granting of certificates of registration, the period within which such certificates shall be granted and the forms of such certificates g the intervals at which, and the manner in which, the tax under this act shall be payable under section 21 h the returns to be furnished under subsection 2 of section 21 and dates by which, and the authority to whom, such returns shall be furnished i the procedure to be followed for assessment under section 23 j the circumstances in which, and the conditions subject to which, a dealer may be permitted to pay a lump sum by way of composition under section 29 and the manner of determining such sum k the form in which claims for refund or setoff may be preferred, the manner in which such claims for refund shall be verified and the refunds or setoff under this act shall be allowed l the authority to whom information shall be furnished under section 40 m the conditions under which the production of accounts or documents or the furnishing of information may be required under subsection 1 of section 41 n the form and manner in which, and the authority to whom, appeals against assessment may be filed under section 43, the manner in which such appeals shall be verified and the fees payable in respect thereof and the procedure, to be followed by such authority o the form and manner in which applications for revision under section 47 or for review under subsection 5 of section 48 may be filed and the fee payable in respect thereof p the conditions subject to which the commissioner may authorise the persons appointed under subsection 2 of section 9 to assist him to investigate offences under subsection 1 of section 53 q the conditions under which offences may be compounded under section 54 r the manner in which, and the time within which, applications shall be made including fees payable in respect thereof, information furnished, securities given and notices served under this act s any other matter which is required to be, or may be, prescribed. 3 any rules made under this act may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing contravention, with an additional fine which may extend to twentyfive rupees for every day during which such contravention continues after conviction for the first such contravention.

section 74. of the delhi sales tax act : 1 if any difficultly arises in giving effect to the provisions of this act, the central government may, by general or special order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for the removal of the difficulty: provided that no such order shall be made after the expiration of one year from the commencement of this act. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 8. of the trade marks act : 1 the registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7. 2 where any goods or services are not specified in the alphabetical index of goods and services published under subsection 1, the classification of goods or services shall be determined by the registrar in accordance with subsection 2 of section 7.

section 1. of the trade marks act : 1 this act may be called the trade marks act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 . 15th september, , vide notification no. s.o. e, dated 15th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the trade marks act : 1 the central government may, by notification in the official gazette, appoint a person to be known as the controllergeneral of patents, designs and trade marks, who shall be the registrar of trade marks for the purposes of this act. 2 the central government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the registrar, such functions of the registrar under this act as he may from time to time authorise them to discharge.

section 7. of the trade marks act : 1 the registrar shall classify goods and services, as far as may be, in accordance with the international classification of goods and services for the purposes of registration of trade marks. 2 any question arising as to the class within which any goods or services falls shall be determined by the registrar whose decision shall be final.

section 2. of the trade marks act : 1 in this act, unless the context otherwise requires, 1 b assignment means an assignment in writing by act of the parties concerned c associated trade marks means trade marks deemed to be, or required to be, registered as associated trade marks under this act 1 e certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under chapter ix in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person 1 g collective mark means a trade mark distinguishing the goods or services of members of an association of persons not being a partnership within the meaning of the indian partnership act, 9 of which is the proprietor of the mark from those of others h deceptively similar.a mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion i false trade description means i a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied or ii any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect or iii any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres or iv any marks or arrangement or combination thereof when applied a to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are b in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are or v any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials a is or are not a trade mark or part of a trade mark and b is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials and c is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this act j goods means anything which is the subject of trade or manufacture 2 l limitations with its grammatical variations means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within india or outside india m mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof 2 o name includes any abbreviation of a name p notify means to notify in the trade mark journal published by the registrar q package includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork r permitted use, in relation to a registered trade mark, means the use of trade mark i by a registered user of the trade mark in relation to goods or services a with which he is connected in the course of trade and b in respect of which the trade mark remains registered for the time being and c for which he is registered as registered user and d which complies with any conditions or limitations to which the registration of registered user is subject or ii by a person other than the registered proprietor and registered user in relation to goods or services a with which he is connected in the course of trade and b in respect of which the trade mark remains registered for the time being and c by consent of such registered proprietor in a written agreement and d which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject 3s prescribed means, i in relation to proceedings before a high court, prescribed by rules made by the high court and ii in other cases, prescribed by rules made under this act t register means the register of trade marks referred to in subsection 1 of section 6 u registered with its grammatical variations means registered under this act v registered proprietor, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark w registered trade mark means a trade mark which is actually on the register and remaining in force x registered user means a person who is for the time being registered as such under section 49 y registrar means the registrar of trade marks referred to in section 3 z service means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising za trade description means any description, statement or other indication, direct or indirect, i as to the number, quantity, measure, gauge or weight of any goods or ii as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade or iii as to fitness for the purpose, strength, performance or behaviour of any goods, being drug as defined in the drugs and cosmetics act, 23 of , or food as defined in the prevention of food adulteration act, 37 of or iv as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be or v as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided or vi as to the mode of manufacture or producing any goods or providing services or vii as to the material of which any goods are composed or viii as to any goods being the subject of an existing patent, privilege or copyright, and includes a any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters b the description as to any imported goods contained in any bill of entry or shipping bill c any other description which is likely to be misunderstood or mistaken for all or any of the said matters zb trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours and i in relation to chapter xii other than section 107, a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark and ii in relation to other provisions of this act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark zc transmission means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment zd technical member means a member who is not a judicial member 4 zg well known trade mark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the firstmentioned goods or services. 2 in this act, unless the context otherwise requires, any reference a to trade mark shall include reference to collective mark or certification trade mark b to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark c to the use of a mark, i in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods ii in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services d to the registrar shall be construed as including a reference to any officer when discharging the functions of the registrar in pursuance of subsection 2 of section 3 e to the trade marks registry shall be construed as including a reference to any office of the trade marks registry. 3 for the purposes of this act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services. 4 for the purposes of this act, existing registered trade mark means a trade mark registered under the trade and merchandise marks act, 43 of immediately before the commencement of this act. 1. clauses a, d and f omitted by act 33 of , s. 21 w.e.f. . 2. clauses k and n omitted by act 33 of , s. 21 w.e.f. . 3. subs. by act 33 of , s. 21, for clause s w.e.f. . 4. clauses ze and zf omitted by act 33 of , s. 21 w.e.f. .

section 9. of the trade marks act : 1 the trade marks a which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person b which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service c which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a wellknown trade mark. 2 a mark shall not be registered as a trade mark if a it is of such nature as to deceive the public or cause confusion b it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of india c it comprises or contains scandalous or obscene matter d its use is prohibited under the emblems and names prevention of improper use act, 12 of . 3 a mark shall not be registered as a trade mark if it consists exclusively of a the shape of goods which results from the nature of the goods themselves or b the shape of goods which is necessary to obtain a technical result or c the shape which gives substantial value to the goods. explanation.for the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.

section 4. of the trade marks act : without prejudice to the generality of the provisions of subsection 2 of section 3, the registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said subsection 2 and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

section 10. of the trade marks act : 1 a trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the 1registrae or the high court, as the case may be, having to decide on the distinctive character of the trade mark. 2 so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. 1.subs. by act 33 of , s. 21, for tribunal w.e.f. ..

section 5. of the trade marks act : 1 for the purposes of this act, there shall be a trade marks registry and the trade marks registry established under the trade and merchandise marks act, 43 of shall be the trade marks registry under this act. 2 the head office of the trade marks registry shall be at such place as the central government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the central government may think fit branch offices of the trade marks registry. 3 the central government may, by notification in the official gazette, define the territorial limits within which an office of the trade marks registry may exercise its functions. 4 there shall be a seal of the trade marks registry.

section 13. of the trade marks act : no word a which is the commonly used and accepted name of any single chemical element or any single chemical compound as distinguished from a mixture in respect of a chemical substance or preparation, or b which is declared by the world health organisation and notified in the prescribed manner by the registrar from time to time, as an international nonproprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.

section 6. of the trade marks act : 1 for the purposes of this act, a record called the register of trade marks shall be kept at the head office of the trade marks registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed. 2 notwithstanding anything contained in subsection 1, it shall be lawful for the registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed. 3 where such register is maintained wholly or partly on computer under subsection 2 any reference in this act to entry in the register shall be construed as the reference to any entry as maintained on computer or in any other electronic form. 4 no notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the registrar. 5 the register shall be kept under the control and management of the registrar. 6 there shall be kept at each branch office of the trade marks registry a copy of the register and such of the other documents mentioned in section 148 as the central government may, by notification in the official gazette, direct. 7 the register of trade marks, both part a and part b, existing at the commencement of this act, shall be incorporated in and form part of the register under this act.

section 11. of the trade marks act : 1 save as provided in section 12, a trade mark shall not be registered if, because of a its identity with an earlier trade mark and similarity of goods or services covered by the trade mark or b its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark. 2 a trade mark which a is identical with or similar to an earlier trade mark and b is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a wellknown trade mark in india and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark. 3 a trade mark shall not be registered if, or to the extent that, its use in india is liable to be prevented a by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade or b by virtue of law of copyright. 4 nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the registrar may register the mark under special circumstances under section 12. explanation.for the purposes of this section, earlier trade mark means 1a a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36e or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks b a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a wellknown trade mark. 5 a trade mark shall not be refused registration on the grounds specified in subsections 2 and 3, unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark. 6 the registrar shall, while determining whether a trade mark is a wellknown trade mark, take into account any fact which he considers relevant for determining a trade mark as a wellknown trade mark including i the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in india obtained as a result of promotion of the trade mark ii the duration, extent and geographical area of any use of that trade mark iii the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies iv the duration and geographical area of any registration of or any application for registration of that trade mark under this act to the extent that they reflect the use or recognition of the trade mark v the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a wellknown trade mark by any court or registrar under that record. 7 the registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of subsection 6, take into account i the number of actual or potential consumers of the goods or services ii the number of persons involved in the channels of distribution of the goods or services iii the business circles dealing with the goods or services, to which that trade mark applies. 8 where a trade mark has been determined to be well known in at least one relevant section of the public in india by any court or registrar, the registrar shall consider that trade mark as a wellknown trade mark for registration under this act. 9 the registrar shall not require as a condition, for determining whether a trade mark is a wellknown trade mark, any of the following, namely: i that the trade mark has been used in india ii that the trade mark has been registered iii that the application for registration of the trade mark has been filed in india iv that the trade mark a is wellknown in or b has been registered in or c in respect of which an application for registration has been filed in, any jurisdiction other than india, or v that the trade mark is wellknown to the public at large in india. 10 while considering an application for registration of a trade mark and opposition filed in respect thereof, the registrar shall i protect a wellknown trade mark against the identical or similar trade marks ii take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark. 11 where a trade mark has been registered in good faith disclosing the material informations to the registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this act, then, nothing in this act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a wellknown trade mark. 1. subs. by act 40 of , s. 2, for clause a w.e.f. ./hr1

section 17. of the trade marks act : 1 when a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole. 2 notwithstanding anything contained in subsection 1, when a trade mark a contains any part i which is not the subject of a separate application by the proprietor for registration as a trade mark or ii which is not separately registered by the proprietor as a trade mark or b contains any matter which is common to the trade or is otherwise of a nondistinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.

section 12. of the trade marks act : in the case of honest concurrent use or of other special circumstances which in the opinion of the registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar whether any such trade mark is already registered or not in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the registrar may think fit to impose.

section 14. of the trade marks act : where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark, the registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the registrar with such consent.

section 19. of the trade marks act : where, after the acceptance of an application for registration of a trade mark but before its registration, the registrar is satisfied a that the application has been accepted in error or b that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

section 15. of the trade marks act : 1 where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. 2 each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark. 3 where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of a statement of the goods or services in relation to which they are respectively used or proposed to be used or b statement of number, price, quality or names of places or c other matter of a nondistinctive character which does not substantially affect the identity of the trade mark or d colour, seeks to register those trade marks, they may be registered as a series in one registration.

section 21. of the trade marks act : 1 1 any person may, within four months from the date of the advertisement or readvertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the registrar, of opposition to the registration. 2 the registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application. 3 if the applicant sends such counterstatement, the registrar shall serve a copy thereof on the person giving notice of opposition. 4 any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the registrar, and the registrar shall give an opportunity to them to be heard, if they so desire. 5 the registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not. 6 where a person giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such notice neither resides nor carries on business in india, the registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned. 7 the registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counterstatement on such terms as he thinks just. 1 1. subs. by act 40 of , s. 3, for subsection 1 w.e.f. .

section 16. of the trade marks act : 1 where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the registrar may, at any time, require that the trade marks shall be entered on the register as associated trade marks. 2 where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and services which are associated with those goods or services, or goods or services of that description, subsection 1 shall apply as it applies as where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services. 3 where a trade mark and any part thereof are, in accordance with the provisions of subsection 1 of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. 4 all trade marks registered in accordance with the provisions of subsection 3 of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks. 5 on application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly.

section 18. of the trade marks act : 1 any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the registrar in the prescribed manner for the registration of his trade mark. 2 a single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services. 3 every application under subsection 1 shall be filed in the office of the trade marks registry within whose territorial limits the principal place of business in india of the applicant or in the case of joint applicants the principal place of business in india of the applicant whose name is first mentioned in the application as having a place of business in india, is situate: provided that where the applicant or any of the joint applicants does not carry on business in india, the application shall be filed in the office of the trade marks registry within whose territorial limits the place mentioned in the address for service in india as disclosed in the application, is situate. 4 subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. 5 in the case of a refusal or conditional acceptance of an application, the registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

section 20. of the trade marks act : 1 when an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner: provided that the registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which subsection 1 of section 9 and subsections 1 and 2 of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do. 2 where a an application has been advertised before acceptance under subsection 1 or b after advertisement of an application, i an error in the application has been corrected or ii the application has been permitted to be amended under section 22, the registrar may in his discretion cause the application to be advertised again or in any case falling under clause b may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.

section 22. of the trade marks act : the registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit an amendment of the application: provided that if an amendment is made to a single application referred to in subsection 2 of section 18 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided.

section 23. of the trade marks act : 1 subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either a the application has not been opposed and the time for notice of opposition has expired or b the application has been opposed and the opposition has been decided in favour of the applicant, the registrar shall, unless the central government otherwise directs, register the said trade mark 1within eighteen months of the filing of the application and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration. 2 on the registration of a trade mark, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the trade marks registry. 3 where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. 4 the registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake. 1 ins. by s. 4, ibid. w.e.f. .

section 29. of the trade marks act : 1 a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. 2 a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of a its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark or b its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark or c its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark. 3 in any case falling under clause c of subsection 2, the court shall presume that it is likely to cause confusion on the part of the public. 4 a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which a is identical with or similar to the registered trade mark and b is used in relation to goods or services which are not similar to those for which the trade mark is registered and c the registered trade mark has a reputation in india and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark. 5 a registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is registered. 6 for the purposes of this section, a person uses a registered mark, if, in particular, he a affixes it to goods or the packaging thereof b offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark c imports or exports goods under the mark or d uses the registered trade mark on business papers or in advertising. 7 a registered trade mark is infringed by a person who applies such registered trade mark to a material intended to be used for labeling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. 8 a registered trade mark is infringed by any advertising of that trade mark if such advertising a takes unfair advantage of and is contrary to honest practices in industrial or commercial matters or b is detrimental to its distinctive character or c is against the reputation of the trade mark. 9 where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.

section 24. of the trade marks act : 1 save as provided in subsection 2, nothing in this act shall authorise the registration of two or more persons who use a trade mark independently, or propose so as to use it, as joint proprietors thereof. 2 where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except a on behalf of both or all of them or b in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.

section 25. of the trade marks act : 1 the registration of a trade mark, after the commencement of this act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section. 2 the registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be which date is in this section referred to as the expiration of the last registration. 3 at the prescribed time before the expiration of the last registration of a trade mark the registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the registrar may remove the trade mark from the register: provided that the registrar shall not remove the trade mark from the register if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the trade mark and shall renew the registration of the trade mark for a period of ten years under subsection 2. 4 where a trade mark has been removed from the register for nonpayment of the prescribed fee, the registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.

section 30. of the trade marks act : 1 nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use a is in accordance with honest practices in industrial or commercial matters, and b is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark. 2 a registered trade mark is not infringed where a the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or services b a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, in any place, or in relation to goods to be exported to any market or in relation to services for use or available for acceptance in any place or country outside india or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend c the use by a person of a trade mark i in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk of which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark or ii in relation to services to which the proprietor of such mark or of a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark d the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neither the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be e the use of a registered trade mark, being one of two or more trade marks registered under this act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this act. 3 where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under or through him is not infringement of a trade mark by reason only of a the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods or b the goods having been put on the market under the registered trade mark by the proprietor or with his consent. 4 subsection 3 shall not apply where there exists legitimate reasons for the proprietor to oppose further dealings in the goods in particular, where the condition of the goods, has been changed or impaired after they have been put on the market.

section 26. of the trade marks act : where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the 1registrar or the high court, as the case may be, is satisfied either a that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal or b that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed. 1.subs. by act 33 of , s. 21, for tribunal w.e.f. .

section 27. of the trade marks act : 1 no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. 2 nothing in this act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.

section 28. of the trade marks act : 1 subject to the other provisions of this act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act. 2 the exclusive right to the use of a trade mark given under subsection 1 shall be subject to any conditions and limitations to which the registration is subject. 3 where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not except so far as their respective rights are subject to any conditions or limitations entered on the register be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons not being registered users using by way of permitted use as he would have if he were the sole registered proprietor.

section 32. of the trade marks act : where a trade mark is registered in breach of subsection 1 of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered.

section 36b. of the trade marks act : 136b. definitions.in this chapter, unless the context otherwise requires, a application, in relation to a contracting state or a contracting organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that contracting state or a state which is a member of that contracting organisation, as the case may be. explanation.for the purposes of this clause, real and effective industrial or commercial establishment means and includes any establishment where some bona fide industrial or commercial activity takes place and need not necessarily be the principal place of business b basic application means an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration c basic registration means the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration d common regulations means the regulations concerning the implementation of the madrid protocol e contracting organisation means a contracting party that is an intergovernmental organisation f contracting party means a contracting state or contracting organisation party to the madrid protocol g contracting state means a country party to the madrid protocol h international application means an application for international registration or for extension of the protection resulting from an international registration to any contracting party made under the madrid protocol i international bureau means the international bureau of the world intellectual property organisation j international registration means the registration of a trade mark in the register of the international bureau effected under the madrid protocol k madrid agreement means the madrid agreement concerning the international registration of marks adopted at madrid on the 14th day of april, , as subsequently revised and amended l madrid protocol means the protocol relating to the madrid agreement concerning the international registration of marks adopted at madrid on the 27th day of june, , as amended from time to time. 1. ins. by act 40 of , s. 5 w.e.f. .

section 31. of the trade marks act : 1 in all legal proceedings relating to a trade mark registered under this act including applications under section 57, the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof. 2 in all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.

section 33. of the trade marks act : 1 where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark a to apply for a declaration that the registration of the later trade mark is invalid, or b to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith. 2 where subsection 1 applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.

section 34. of the trade marks act : nothing in this act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date prior a to the use of the firstmentioned trade mark in relation to those goods or services by the proprietor or a predecessor in title of his or b to the date of registration of the firstmentioned trade mark in respect of those goods or services in the name of the proprietor of a predecessor in title of his whichever is the earlier, and the registrar shall not refuse on such use being proved to register the second mentioned trade mark by reason only of the registration of the firstmentioned trade mark.

section 35. of the trade marks act : nothing in this act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.

section 36. of the trade marks act : 1 the registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which it consists as the name or description of an article or substance or service: provided that, if it is proved either a that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or in the case of a certification trade mark in relation to goods or services certified by the proprietor or b that the article or substance was formerly manufactured under a patent that a period of two years or more after the cesser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of subsection 2 shall apply. 2 where the facts mentioned in clause a or clause b of the proviso to subsection 1 are proved with respect to any words, then, a for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register b for the purposes of any other legal proceedings relating to the trade mark, i if the trade mark consists solely of such words, all rights of the proprietor under this act or any other law to the use of the trade mark or ii if the trade mark contains such words and other matter, all such right of the proprietor to the use of such words, in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the date on which the use mentioned in clause a of the proviso to subsection 1 first became well known and established or at the expiration of the period of two years mentioned in clause b of the said proviso.

section 36a. of the trade marks act : 136a. application of act in case of international registration under madrid protocol.the provisions of this chapter shall apply to international applications and international registrations under the madrid protocol. 1 ins. by act 40 of , s. 5 w.e.f. .

section 37. of the trade marks act : the person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.

section 36c. of the trade marks act : 136c. trade marks registry to deal with international applications.notwithstanding anything contained in subsection 3 of section 5, an international application shall be dealt with by the head office of the trade marks registry or such branch office of the registry, as the central government may, by notification in the official gazette, specify. 1. ins. by act 40 of , s. 5 w.e.f. .

section 36e. of the trade marks act : 136e. international registrations where india has been designated.1 the registrar shall, after receipt of an advice from the international bureau about any international registration where india has been designated, keep a record of the particulars of that international registration in the prescribed manner. 2 where, after recording the particulars of any international registration referred to in subsection 1, the registrar is satisfied that in the circumstances of the case the protection of trade mark in india should not be granted or such protection should be granted subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the international registration has been accepted, he may, after hearing the applicant if he so desires, refuse grant of protection and inform the international bureau in the prescribed manner within eighteen months from the date on which the advice referred to in subsection 1 was received. 3 where the registrar finds nothing in the particulars of an international registration to refuse grant of protection under subsection 2, he shall within the prescribed period cause such international registration to be advertised in the prescribed manner. 4 the provisions of sections 9 to 21 both inclusive, 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under section 18. 5 when the protection of an international registration has not been opposed and the time for notice of opposition has expired, the registrar shall within a period of eighteen months of the receipt of advice under subsection 1 notify the international bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the registrar fails to notify the international bureau, it shall be deemed that the protection has been extended to the trade mark. 6 where a registered proprietor of a trade mark makes an international registration of that trade mark and designates india, the international registration from the date of the registration shall be deemed to replace the registration held in india without prejudice to any right acquired under such previously held registration and the registrar shall, upon request by the applicant, make necessary entry in the register referred to in subsection 1 of section 6. 7 a holder of international registration of a trade mark who designates india and who has not been extended protection in india shall have the same remedy which is available to any person making an application for the registration of a trade mark under section 18 and which has not resulted in registration under section 23. 8 where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the related basic application or, as the case may be, the basic registration in a contracting party other than india has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration in india shall cease to have effect. 1. ins. by act 40 of , s. 5 w.e.f. .

section 36d. of the trade marks act : 136d. international application originating from india.1 where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the common regulations for international registration of that trade mark. 2 a person holding an international registration may make an international application on the form prescribed by the common regulations for extension of the protection resulting from such registration to any other contracting party. 3 an international application under subsection 1 or subsection 2 shall designate the contracting parties where the protection resulting from the international registration is required. 4 the registrar shall certify in the prescribed manner that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the application under section 18 or the registration under section 23, and shall indicate the date and number of that application or the date and number of that registration as well as the date and number of the application from which that registration resulted, as the case may be, and shall within the prescribed period, forward the international application to the international bureau for registration, also indicating the date of the international application. 5 where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the application under section 18 or the registration under section 23, as the case may be, has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration shall cease to have effect: provided that where an appeal is made against the decision of registration and an action requesting for withdrawal of application or an opposition to the application has been initiated before the expiry of the period of five years of an international registration, any final decision resulting into withdrawal, cancellation, expiration or refusal shall be deemed to have taken place before the expiry of five years of the international registration. 6 the registrar shall, during the period of five years beginning with the date of international registration, transmit to the international bureau every information referred to in subsection 5. 7 the registrar shall notify the international bureau the cancellation to be effected to an international registration keeping in view the current status of the basic application or the basic registration, as the case may be. 1. ins. by act 40 of , s. 5 w.e.f. .

section 39. of the trade marks act : an unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned.

section 36f. of the trade marks act : 136f. effects of international registration.1 from the date of the international registration of a trade mark where india has been designated or the date of the recording in the register of the international bureau about the extension of the protection resulting from an international registration of a trade mark to india, the protection of the trade mark in india shall be the same as if the trade mark had been registered in india. 2 the indication of classes of goods and services given by the applicant shall not bind the registrar with regard to the determination of the scope of the protection of the trade mark. 1. ins. by act 40 of , s. 5 w.e.f. .

section 41. of the trade marks act : notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this act or any other law a an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in india, or in relation to services for use, or services available for acceptance in any place in india and b an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the firstmentioned trade mark or of an identical trade mark in relation to i the same goods or services or ii the same description of goods or services or iii services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in india: provided that in any such case, on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this act, the registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 40 if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date.

section 38. of the trade marks act : notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this chapter, be assignable and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods or services in respect of which the trade mark is registered or of some only of those goods or services.

section 36g. of the trade marks act : 136g. duration and renewal of international registration.1 the international registration of a trade mark at the international bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period. 2 subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal of the international registration. 1. ins. by act 40 of , s. 5 w.e.f. .

section 45. of the trade marks act : 145. registration of assignments and transmissions.1 where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the registrar to register his title, and the registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of such assignment or transmission to be entered on the register. 2 the registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished. 3 where the validity of an assignment or transmission is in dispute between the parties, the registrar may refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court and in all other cases the registrar shall dispose of the application within the prescribed period. 4 until an application under subsection 1 has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission. 1 subs. by act 40 of , s. 6, for section 45 w.e.f. .

section 40. of the trade marks act : 1 notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to a same goods or services b same description of goods or services c goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of identical trade mark, if having regard to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion: provided that an assignment or transmission shall not be deemed to be invalid under this subsection if the exclusive rights subsisting as a result thereof in the persons concerned respectively are, having regard to limitations imposed thereon, such as not to be exercisable by two or more of those persons in relation to goods to be sold, or otherwise traded in, within india otherwise than for export therefrom, or in relation to goods to be exported to the same market outside india or in relation to services for use at any place in india or any place outside india in relation to services available for acceptance in india. 2 the proprietor of a registered trade mark who proposes to assign it may submit to the registrar in the prescribed manner a statement of case setting out the circumstances and the registrar may issue to him a certificate stating whether, having regard to the similarity of the goods or services and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under subsection 1, and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under subsection 1 of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued.

section 42. of the trade marks act : where an assignment of a trade mark, whether registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the registrar may allow, applies to the registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the registrar may direct. explanation.for the purposes of this section, an assignment of a trade mark of the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely: a an assignment of a trade mark in respect only of some of the goods or services for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods or services only or b an assignment of a trade mark which is used in relation to goods exported from india or in relation to services for use outside india if the assignment is accompanied by the transfer of the goodwill of the export business only.

section 43. of the trade marks act : a certification trade mark shall not be assignable or transmissible otherwise than with the consent of the registrar, for which application shall be made in writing in the prescribed manner.

section 44. of the trade marks act : associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this act, they shall, for all other purposes, be deemed to have been registered as separate trade mark.

section 46. of the trade marks act : 1 no application for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the registrar is satisfied that a a company is about to be formed and registered under the companies act, 1 of and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or b the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark. 2 the provisions of section 47 shall have effect, in relation to a trade mark registered under the powers conferred by this subsection, as if for the reference, in clause a of subsection 1 of that section, to the intention on the part of an applicant for registration that a trade mark should be used by him there were substituted a reference to the intention on his part that it should be used by the company or registered user concerned. 3 the 1registrar or the high court, as the case may be, may, in a case to which subsection 1 applies, require the applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned. 4 where in a case to which subsection 1 applies, a trade mark in respect of any goods or services is registered in the name of an applicant who, relies on intention to assign the trade mark to a company, then, unless within such period as may be prescribed or within such further period not exceeding six months as the registrar may, on application being made to him in the prescribed manner, allow, the company has been registered as the proprietor of the trade mark in respect of those goods or services, the registration shall cease to have effect in respect thereof at the expiration of that period and the registrar shall amend the register accordingly. 1.subs. by act 33 of , s. 21, for tribunal w.e.f. .

section 48. of the trade marks act : 1 subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered. 2 the permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this act or any other law.

section 50. of the trade marks act : 1 without prejudice to the provisions of section 57, the registration of a person as registered user a may be varied by the registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registered proprietor of the trade mark b may be cancelled by the registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark c may be cancelled by the registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely: i that the registered user has used the trade mark otherwise than in accordance with the agreement under clause a of subsection 1 of section 49 or in such way as to cause or to be likely to cause, deception or confusion ii that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user iii that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user iv that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested d may be cancelled by the registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark is to be used is either not being enforced or is not being complied with e may be cancelled by the registrar in respect of any goods or services in relation to which the trade mark is no longer registered. 2 the registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user not being the applicant of the trade mark. 3 the procedure for cancelling a registration shall be such as may be prescribed: provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard.

section 47. of the trade marks act : 1 a registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the registrar or the 1high court by any person aggrieved on the ground either a that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application or b that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the 2registrar or the high court, as the case may be is of opinion that he might properly be permitted so to register such a trade mark, the 2registrar or the high court, as the case may be may refuse an application under clause a or clause b in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to i goods or services of the same description or ii goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered. 2 where in relation to any goods or services in respect of which a trade mark is registered a the circumstances referred to in clause b of subsection 1 are shown to exist so far as regards nonuse of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in india otherwise than for export from india, or in relation to goods to be exported to a particular market outside india or in relation to services for use or available for acceptance in a particular place in india or for use in a particular market outside india and b a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relation to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the 1high court or to the registrar, the tribunal may impose on the registration of the firstmentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use. 3 an applicant shall not be entitled to rely for the purpose of clause b of subsection 1 or for the purposes of subsection 2 on any nonuse of a trade mark which is shown to have been due to special circumstances in the trade, which includes restrictions on the use of the trade mark in india imposed by any law or regulation and not to any intention to abandon or not to use the trade mark in relation to the goods or services to which the application relates. 1.subs. by s. 21, ibid., for appellate board w.e.f. . 2. subs. by act 33 of , s. 21, for tribunal w.e.f. .

section 49. of the trade marks act : 1 where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the registrar in the prescribed manner, and every such application shall be accompanied by a the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark and b an affidavit made by the registered proprietor or by some person authorised to the satisfication of the registrar to act on his behalf, i giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made ii stating the goods or services in respect of which registration is proposed iii stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter iv stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof and c such further documents or other evidence as may be required by the registrar or as may be prescribed. 2 when the requirements of subsection 1 have been complied with, the registrar shall register the proposed registered user in respect of the goods or services as to which he is so satisfied. 3 the registrar shall issue notice in the prescribed manner of the registration of a person as a registered user, to other registered users of the trade mark, if any. 4 the registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section other than matters entered in the register is not disclosed to rivals in trade.

section 51. of the trade marks act : 1 the registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause a of subsection 1 of section 49 continues to be in force. 2 if the registered proprietor fails to furnish the confirmation within one month as required under subsection 1, the registered user shall cease to be the registered user on the day immediately after the expiry of the said period and the registrar shall notify the same.

section 53. of the trade marks act : a person referred to in subclause ii of clause r of subsection 1 of section 2 shall have no right to institute any proceeding for any infringement.

section 58. of the trade marks act : 1 the registrar may, on application made in the prescribed manner by the registered proprietor, a correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark b enter any change in the name, address or description of the person who is registered as proprietor of a trade mark c cancel the entry of a trade mark on the register d strike out any goods or classes of goods or services from those in respect of which a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him. 2 the registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user.

section 52. of the trade marks act : 1 subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent with those of the registered proprietor. 2 notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

section 54. of the trade marks act : nothing in this act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. explanation i.the right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely: a where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm b where the registered user being a firm subsequently undergoes a change in its constitution but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. explanation ii.for the purposes of explanation i, firm has the same meaning as in the indian partnership act, 9 of .

section 55. of the trade marks act : 1 where under the provisions of this act, use of a registered trade mark is required to be proved for any purpose, the 1registrar or the high court, as the case may be, may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved. 2 the use of the whole of a registered trade mark shall, for the purpose of this act, be deemed to be also use of any trade mark being a part thereof and registered in accordance with subsection 1 of section 15 in the name of the same proprietor. 3 notwithstanding anything in section 32, the use of part of the registered trade mark in subsection 2 shall not be conclusive as to its evidence of distinctiveness for any purpose under this act. 1. subs. by act 33 of , s. 21, for tribunal w.e.f. .

section 56. of the trade marks act : 1 the application in india of trade mark to goods to be exported from india or in relation to services for use outside india and any other act done in india in relation to goods to be so exported or services so rendered outside india which, if done in relation to goods to be sold or services provided or otherwise traded in within india would constitute use of a trade mark therein, shall be deemed to constitute use of the trade mark in relation to those goods or services for any purpose for which such use is material under this act or any other law. 2 the use of a registered trade mark in relation to goods or services between which and the person using the mark any form of connection in the course of trade subsists shall not be deemed to be likely to cause deception or confusion on the ground only that the mark has been or is used in relation to goods or services between which and the said person or a predecessor in title of that person a different form of connection in the course of trade subsisted or subsists.

section 57. of the trade marks act : 1 on application made in the prescribed manner to the 1high court or to the registrar by any person aggrieved, the 2register or the high court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto. 2 any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the 1high court or to the registrar, and the 2register or the high court, as the case may be, may make such order for making, expunging or varying the entry as it may think fit. 3 the 2register or the high court, as the case may be, may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. 4 the 2register or the high court, as the case may be,, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in subsection 1 or subsection 2. 5 any order of the 1high court rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly. 1. subs. by s. 21, ibid., for appellate board w.e.f. . 2. subs. by s. 21, ibid., for tribunal w.e.f. .

section 59. of the trade marks act : 1 the registered proprietor of a trade mark may apply in the prescribed manner to the registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit. 2 the registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the registrar in the prescribed manner of opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter. 3 where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under subsection 2.

section 65. of the trade marks act : the regulations referred to in subsection 1 of section 63 shall be open to public inspection in the same way as the register as provided in section 148.

section 66. of the trade marks act : any amendment of regulations referred to in subsection 1 of section 63 shall not be effective unless the amended regulations are filed with the registrar, and accepted and published by him in accordance with section 64.

section 60. of the trade marks act : 1 the registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or services to those in respect of which a trade mark is registered whether in one or more classes immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services: provided that this subsection, shall not apply when the registrar is satisfied that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prejudice the rights of any person. 2 a proposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of subsection 1.

section 61. of the trade marks act : 1 the provisions of this act shall apply to collective marks subject to the provisions contained in this chapter. 2 in relation to a collective mark the reference in clause zb of subsection 1 of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

section 62. of the trade marks act : a collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the registrar may require that a mark in respect of which application is made for registration comprise some indication that it is a collective mark.

section 64. of the trade marks act : if it appears to the registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall notify the regulations.

section 63. of the trade marks act : 1 an application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark. 2 the regulations referred to in subsection 1 shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.

section 67. of the trade marks act : in a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users.

section 68. of the trade marks act : the registration of a collective mark may also be removed from the register on the ground a that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as a collective mark or b that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark. explanation i.for the purposes of this chapter, unless the context otherwise requires, authorised user means a member of an association authorised to use the registered collective mark of the association. explanation ii.for the purposes of this act, use of a collective mark by an authorised user referred to in explanation i shall be deemed to be the use by the registered proprietor thereof.

section 74. of the trade marks act : 1 there shall be filed at the trade marks registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the registrar may by general or special order, require or permit to be inserted therein including provisions conferring a right of appeal to the registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations and regulations so filed shall be open to inspection in like manner as the register as provided in section 148. 2 the regulations so filed may, on the application of the registered proprietor, be altered by the registrar. 3 the registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the registrar shall not decide the matter without giving the parties an opportunity of being heard.

section 69. of the trade marks act : the following provisions of this act shall not apply to certification trade marks, that is to say, a clauses a and c of subsection 1 of section 9 b sections 18, 20 and 21, except as expressly applied by this chapter c sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and subsection 2 of section 56 d chapter xii, except section 107.

section 70. of the trade marks act : a mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.

section 75. of the trade marks act : the right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken as being a use as a trade mark.

section 71. of the trade marks act : 1 an application for the registration of a mark as a certification trade mark shall be made to the registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft for the regulations to be deposited under section 74. 2 subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application. 3 in dealing under the said provisions with an application under this section, the 1registrar or the high court, as the case may be, shall have regard to the like considerations, so far as relevant, as if the application were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark. 1. subs. by act 33 of , s. 21, for tribunal w.e.f. .

section 78. of the trade marks act : 1 subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services. 2 the exclusive right to the use of a certification trade mark given under subsection 1 shall be subject to any conditions and limitations to which the registration is subject.

section 72. of the trade marks act : 1 the registrar shall consider the application made under section 71 with regard to the following matters, namely: a whether the applicant is competent to certify the goods in respect of which the mark is to be registered b whether the draft of the regulations to be filed under section 74 is satisfactory c whether in all the circumstances the registration applied for would be to the public advantage, and may either i refuse the application or ii accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters. 2 except in the case of acceptance and approval without modification and unconditionally, the registrar shall not decide any matter under subsection 1 without giving the applicant an opportunity of being heard.

section 73. of the trade marks act : when an application has been accepted, the registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.

section 81.. of the trade marks act : 81. stamping of piece goods, cotton yarn and thread. omitted by s. 7, ibid. w.e.f. .

section 76. of the trade marks act : 1 notwithstanding anything contained in this act, the following acts do not constitute an infringement of the right to the use of a registered certification trade mark a where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available for acceptance in any place, country or territory or in any other circumstances, to which having regard to any such limitations, the registration does not extend b the use of a certification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark c the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor. 2 clause b of subsection 1 shall not apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary to the regulations referred to in that clause. 3 where a certification trade mark is one of two or more trade marks registered under this act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.

section 77. of the trade marks act : the registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit for expunging or varying any entry in the register to a certification trade mark, or for varying the regulations, on any of the following grounds, namely: a that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services b that the proprietor has failed to observe any provisions of the regulations to be observed on his part c that it is no longer to the public advantage that the mark should remain registered d that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied.

section 79.ic. of the trade marks act : 79. textile goods. omitted by s. 7, ibid. w.e.f. .

section 80.. of the trade marks act : 80. restriction on registration of textile goods. omitted by s. 7, ibid. w.e.f. .

section 82.. of the trade marks act : 82. determination of character of textile goods by sampling. omitted by s. 7, ibid. w.e.f. .

section 87. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 83. of the trade marks act : omitted by the tribunal reforms act, 33 of , s. 21 w.e.f. .

section 89. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 84. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 85. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 86. of the trade marks act : omitted by s. 21,ibid. w.e.f. .

section 90. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 88. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 92. of the trade marks act : omitted by the tribunal reforms act, 33 of , s. 21 w.e.f. .

section 89a.qualifications, terms and conditions of service of chairperson, vicechairperson and member. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 91. of the trade marks act : 1 any person aggrieved by an order or decision of the registrar under this act, or the rules made thereunder may prefer an appeal to the 1high court within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal. 2 no appeal shall be admitted if it is preferred after the expiry of the period specified under subsection 1: provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the 1high court that he had sufficient cause for not preferring the appeal within the specified period. 3 an appeal to the 1high court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. .

section 100. of the trade marks act : omitted by s. 21, ibid.w.e.f. .

section 93. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 99. of the trade marks act : omitted by the tribunals reforms act, 33 of , s. 21 w.e.f. ..

section 94.bar to appear before registrar of the trade marks act : 194. bar to appear before registrar.on ceasing to hold the office, the erstwhile chairperson, vicechairperson or other members shall not appear before the registrar. 1. subs. by s. 21, ibid, for section 94 w.e.f. .

section 95. of the trade marks act : omitted by the tribunal reforms act, 33 of , s. 21 w.e.f. .

section 101. of the trade marks act : 1 a person shall be deemed to apply a trade mark or mark or trade description to goods or services who a applies it to the goods themselves or uses it in relation to services or b applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture or c places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied or d uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description or e in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. 2 a trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

section 96. of the trade marks act : omitted by s. 21, ibid. w.e.f. .

section 98. of the trade marks act : 1 the registrar shall have the right to appear and be heard a in any legal proceedings before the 1high court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the trade marks registry is raised b in any appeal to the 2high court from an order of the registrar on an application for registration of a trade mark i which is not opposed, and the application is either refused by the registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or ii which has been opposed and the registrar considers that his appearance is necessary in the public interest, and the registrar shall appear in any case if so directed by the board. 2 unless the 1high court otherwise directs, the registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the trade marks registry in like cases, or of other matters relevant to the issues and within his knowledge as registrar, and such statement shall be evidence in the proceeding. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. . 2. subs. by s. 21, ibid., for board w.e.f. .

section 103. of the trade marks act : any person who a falsifies any trade mark or b falsely applies to goods or services any trade mark or c makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark or d applies any false trade description to goods or services or e applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address or f tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139 or g causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

section 97., before high court. of the trade marks act : 1 an application for rectification of the register made to the 1high court under section 57 shall be in such form as may be prescribed. 2 a certified copy of every order or judgment of the 1high court relating to a registered trade mark under this act shall be communicated to the registrar by the board and the registrar shall give effect to the order of the board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. .

section 102. of the trade marks act : 1 a person shall be deemed to falsify a trade mark who, either, a without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark or b falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise. 2 a person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark, a applies such trade mark or a deceptively similar mark to goods or services or any package containing goods b uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark. 3 any trade mark falsified as mentioned in subsection 1 or falsely applied as mentioned in subsection 2, is in this act referred to as a false trade mark. 4 in any prosecution for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.

section 104. of the trade marks act : any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves, a that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services or b that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services or c that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

section 105. of the trade marks act : whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for adequate and special reason to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than one year or a fine of less than one lakh rupees: provided further that for the purposes of this section, no cognizance shall be taken of any conviction made before the commencement of this act.

section 106., contrary to section 81. of the trade marks act : if any person removes or attempts to remove or causes or attempts to cause to be removed for sale from any premises referred to in section 81 or sells or exposes for sale or has in his possession for sale or for any purpose of trade or manufacture piece goods or cotton yarn or cotton thread which is not marked as required by that section, every such piece and every such bundle of yarn and all such thread and everything used for the packing thereof shall be forfeited to government and such person shall be punishable with fine which may extend to one thousand rupees.

section 107. of the trade marks act : 1 no person shall make any representation a with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark or b with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark or c to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered or d to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right. 2 if any person contravenes any of the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 3 for the purposes of this section, the use in india in relation to a trade mark of the word registered, or of any other expression, symbol or sign referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except a where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside india being a country under the law of which the registration referred to is in fact in force or b where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause a or c where that word is used in relation to a mark registered as a trade mark under the law of a country outside india and in relation solely to goods to be exported to that country or in relation to services for use in that country.

section 108. of the trade marks act : if any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the trade marks office, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

section 109. of the trade marks act : if any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

section 115. of the trade marks act : 1 no court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the registrar or any officer authorised by him in writing: provided that in relation to clause c of subsection 1 of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered. 2 no court inferior to that of a metropolitan magistrate or judicial magistrate of the first class shall try an offence under this act. 3 the offences under section 103 or section 104 or section 105 shall be cognizable. 4 any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in subsection 3 has been, is being, or is likely to be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a judicial magistrate of the first class or metropolitan magistrate, as the case may be: provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained. 5 any person having an interest in any article seized under subsection 4, may, within fifteen days of such seizure, make an application to the judicial magistrate of the first class or metropolitan magistrate, as the case may be, for such article being restored to him and the magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit.

section 114. of the trade marks act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 110. of the trade marks act : the provisions of sections 102, 103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this act and no act or omission shall be deemed to be an offence under the aforesaid sections if, a the alleged offence relates to a registered trade mark and the act or omission is permitted under this act and b the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.

section 111. of the trade marks act : 1 where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 on proof that he acted without intent to defraud, or under section 104 on proof of the matters specified in clause a, clause b or clause c of that section, the court convicting or acquitting him may direct the forfeiture to government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed. 2 when a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also. 3 when a forfeiture is directed on acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees, an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the court to which in appealable cases appeals lie from sentences of the court which directed the forfeiture. 4 when a forfeiture is directed on a conviction, the court, before whom the person is convicted, may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

section 112. of the trade marks act : where a person accused of an offence under section 103 proves a that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks and b that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be and c that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description and d that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.

section 113. of the trade marks act : 1 where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed: a if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the 1high court under this act, for the rectification of the register on the ground that the registration is invalid. b if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. c if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the 1high court for rectification of the register, the court shall proceed with the case as if the registration were valid. 2 where before the institution of a complaint of an offence referred to in subsection 1, any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the 2registrar or the high court, as the case may be, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. . 2. subs. by s. 21, ibid., for tribunal w.e.f. .

section 116. of the trade marks act : in the case of goods brought into india by sea, evidence of the port of shipment shall, in a prosecution for an offence under this act or under clause b of section 112 of the customs act, 52 of relating to confiscation of goods under clause d of section 111 and notified by the central government under clause n of subsection 2 of section 11 of the said act for the protection of trade marks relating to import of goods, be prima facie evidence of the place or country in which the goods were made or produced.

section 117. of the trade marks act : in any prosecution under this act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine.

section 118. of the trade marks act : no prosecution for an offence under this act or under clause b of section 112 of the customs act, 52 of , relating to confiscation of goods under clause d of section 111 and notified by the central government under clause n of subsection 2 of section 11 of the said act for the protection of trade marks, relating to import of goods shall be commenced after expiration of three years next after the commission of the offence charged, or two years after the discovery thereof by the prosecutor, whichever expiration firsthappens.

section 123. of the trade marks act : every person appointed under this act 1 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. the words and every member of the appellate board omitted by act 33 of , s. 21 w.e.f. .

section 119. of the trade marks act : an officer of the government whose duty it is to take part in the enforcement of the provisions of this chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this act.

section 120. of the trade marks act : if any person, being within india, abets the commission, without india, of any act which, if committed in india, would, under this act, be an offence, he may be tried for such abetment in any place in india in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted.

section 125. of the trade marks act : 1 where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiffs trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause e of subsection 2 of section 30 and the plaintiff questions the validity of the registration of the defendants trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the 1high court and not the registrar. 2 subject to the provisions of subsection 1, where an application for rectification of the register is made to the registrar under section 47 or section 57, the registrar may, if he thinks fit, refer the application at any stage of the proceedings to the 1high court. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. .

section 122. of the trade marks act : no suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 124. of the trade marks act : 1 where in any suit for infringement of a trade mark a the defendant pleads that registration of the plaintiffs trade mark is invalid or b the defendant raises a defence under clause e of subsection 2 of section 30 and the plaintiff pleads the invalidity of registration of the defendants trade mark, the court trying the suit hereinafter referred to as the court, shall, i if any proceedings for rectification of the register in relation to the plaintiffs or defendants trade mark are pending before the registrar or the 1high court, stay the suit pending the final disposal of such proceedings ii if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiffs or defendants trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the 1high court for rectification of the register. 2 if the party concerned proves to the court that he has made any such application as is referred to in clause b ii of subsection 1 within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings. 3 if no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. 4 the final order made in any rectification proceedings referred to in subsection 1 or subsection 2 shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the trade mark. 5 the stay of a suit for the infringement of a trade mark under this section shall not preclude the court from making any interlocutory order including any order granting an injunction, directing account to be kept, appointing a receiver or attaching any property, during the period of the stay of the suit. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. .

section 128. of the trade marks act : subject to the provisions of section 131, the registrar shall not exercise any discretionary or other power vested to him by this act or the rules made thereunder adversely to a person applying for the exercise of that power without if so required by that person within the prescribed time giving to the person an opportunity of being heard.

section 121. of the trade marks act : the central government may, by notification in the official gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.

section 127. of the trade marks act : in all proceedings under this act before the registrar, a the registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses b the registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court: provided that the registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or provision of services or to authorise the use of the mark c the registrar may, on an application made in the prescribed manner, review his own decision.

section 129. of the trade marks act : in any proceeding under this act before the registrar, evidence shall be given by affidavit: provided that the registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.

section 130. of the trade marks act : if a person who is a party to a proceeding under this act not being a proceeding before 1 or a court dies pending the proceeding, the registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. 1. the words the appellate board or omitted by act 33 of , s. 21 w.e.f. .

section 134., to be instituted before district court. of the trade marks act : 1 no suit a for the infringement of a registered trade mark or b relating to any right in a registered trade mark or c for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiffs trade mark, whether registered or unregistered, shall be instituted in any court inferior to a district court having jurisdiction to try the suit. 2 for the purpose of clauses a and b of subsection 1, a district court having jurisdiction shall, notwithstanding anything contained in the code of civil procedure, 5 of or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. explanation.for the purposes of subsection 2, person includes the registered proprietor and the registered user.

section 126. of the trade marks act : where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false trade description within the meaning of this act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.

section 131. of the trade marks act : 1 if the registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act not being a time expressly provided in this act, whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly. 2 nothing in subsection 1 shall be deemed to require the registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the registrar under this section.

section 133. of the trade marks act : 1 the registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive. 2 if, on an application for the registration of a trade mark as to which the registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the trade mark is not distinctive, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

section 132. of the trade marks act : where, in the opinion of the registrar, an applicant is in default in the prosecution of an application filed under this act or any act relating to trade marks in force prior to the commencement of this act, the registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.

section 139. of the trade marks act : 1 the central government may, by notification in the official gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of india and imported into india, or, which are made or produced within the limits of india, shall, from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured. 2 the notification may specify the manner in which such indication shall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both. 3 no notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the central government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the central government may consider necessary. 4 the provisions of section 23 of the general clauses act, 10 of shall apply to the issue of a notification under this section as they apply to the making of a rule or byelaw the making of which is subject to the condition of previous publication. 5 a notification under this section shall not apply to goods made or produced beyond the limits of india and imported into india, if in respect of those goods, the commissioner of customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or transit through india or otherwise.

section 135. of the trade marks act : 1 the relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction subject to such terms, if any, as the court thinks fit and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the deliveryup of the infringing labels and marks for destruction or erasure. 2 the order of injunction under subsection 1 may include an ex parte injunction or any interlocutory order for any of the following matters, namely: a for discovery of documents b preserving of infringing goods, documents or other evidence which are related to the subjectmatter of the suit c restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiffs ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. 3 notwithstanding anything contained in subsection 1, the court shall not grant relief by way of damages other than nominal damages or on account of profits in any case a where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark or b where in a suit for infringement the defendant satisfies the court i that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use and ii that when he became aware of the existence and nature of the plaintiffs right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered or c where in a suit for passing off, the defendant satisfies the court i that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that the trade mark for the plaintiff was in use and ii that when he became aware of the existence and nature of the plaintiffs trade mark he forthwith ceased to use the trade mark complained of.

section 140. of the trade marks act : 1 the proprietor or a licensee of a registered trade mark may give notice in writing to the collector of customs to prohibit the importation of any goods if the import of the said goods constitute infringement under clause c of subsection 6 of section 29. 2 where goods, which are prohibited to be imported into india by notification of the central government under clause n of subsection 2 of section 11 of the customs act, 52 of , for the protection of trade marks, and are liable to confiscation on importation under that act, are imported into india, the commissioner of customs if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to india and the name and address of the person to whom the goods were sent in india. 3 the importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so, he shall be punishable with fine which may extend to five hundred rupees. 4 any information obtained from the importer of the goods or his agent under this section may be communicated by the commissioner of customs to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.

section 136. of the trade marks act : 1 in every proceeding under chapter vii or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding. 2 notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.

section 138. of the trade marks act : the registrar or any officer of the trade marks registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.

section 142. of the trade marks act : 1 where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the firstmentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against the firstmentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages if any as he has sustained, unless the firstmentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark. 2 the last preceding subsection does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of subsection 1 of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark. 3 nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. 4 a suit under subsection 1 shall not be instituted in any court inferior to a district court.

section 141. of the trade marks act : if in any legal proceeding for rectification of the register before the 1high court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the 1high court may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client. 1. subs. by act 33 of , s. 21, for appellate board w.e.f. .

section 137., and things done by the registrar. of the trade marks act : 1 a copy of any entry in the register or of any document referred to in subsection 1 of section 148 purporting to be certified by the registrar and sealed with the seal of the trade marks registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. 2 a certificate purporting to be under the hand of the registrar as to any entry, matter or thing that he is authorised by this act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.

section 143. of the trade marks act : an address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.

section 145. of the trade marks act : where, by or under this act, any act, other than the making of an affidavit, is required to be done before the registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is a a legal practitioner, or b a person registered in the prescribed manner as a trade marks agent, or c a person in the sole and regular employment of the principal.

section 144., to be taken into consideration. of the trade marks act : in any proceeding relating to a trade mark, the 1registrar or the high court, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons. 1.subs. by s. 21, ibid., for tribunal w.e.f. .

section 146. of the trade marks act : if an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour: provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.

section 151. of the trade marks act : nothing in chapter xii shall a exempt any person from any suit or other proceeding which might, but for anything in that chapter, be brought against him or b entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that chapter or against clause h of section 112 of the customs act, 52 of relating to confiscation of goods under clause d of section 111 of that act and notified by the central government under clause n of subsection 2 of section 11 thereof for the protection of trade marks relating to import of goods or c be construed so as to render liable to any prosecution or punishment any servant of a master resident in india who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.

section 147. of the trade marks act : there shall be kept under the direction and supervision of the registrar a an index of registered trade marks b an index of trade marks in respect of which applications for registration are pending c an index of the names of the proprietors of registered trade marks and d an index of the names of registered users.

section 150. of the trade marks act : 1 there shall be paid in respect of 1applications, international applications and registration and other matters under this act such fees and surcharge as may be prescribed by the central government. 2 where a fee is payable in respect of the doing of an act by the registrar, the registrar shall not do that act until the fee has been paid. 3 where a fee is payable in respect of the filing of a document at the trade marks registry, the document shall be deemed not to have been filed at the registry until the fee has been paid. 1 subs. by act 40 of , s. 8, for applications w.e.f. .

section 148. of the trade marks act : 1 save as otherwise provided in subsection 4 of section 49, a the register and any document upon which any entry in the register is based b every notice of opposition to the registration of a trade mark application for rectification before the registrar, counterstatement thereto, and any affidavit or document filed by the parties in any proceedings before the registrar c all regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 for varying such regulations d the indexes mentioned in section 147 and e such other documents as the central government may, by notification in the official gazette, specify, shall, subject to such conditions as may be prescribed, be open to public inspection at the trade marks registry: provided that when such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer printout of the relevant entry in the register so maintained on computer. 2 any person may, on an application to the registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in subsection 1.

section 152. of the trade marks act : notwithstanding anything contained in the registration act, 16 of , no document declaring or purporting to declare the ownership or title of a person to a trade mark other than a registered trade mark shall be registered under that act.

section 149. of the trade marks act : the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution by or under the registrar of this act.

section 155. of the trade marks act : where any country or country which is a member of a group of countries or union of countries or intergovernmental organisation specified by the central government in this behalf by notification in the official gazette does not accord to citizens of india the same rights in respect of the registration and protection of trade marks as it accords to its own nationals, no national of such country or country which is a member of a group of countries or union of countries or intergovernmental organisation, as the case may be, shall be entitled, either solely or jointly with any other person, a to apply for the registration of, or be registered as the proprietor of, a trade mark b to be registered as the assignee of the proprietor of a registered trade mark or c to apply for registration or be registered as a registered user of a trade mark under section 49.

section 153. of the trade marks act : the provisions of this act shall be binding on the government.

section 157. of the trade marks act : show related subordinates 1 the central government may, by notification in the official gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: i the matters to be included in the register of trade marks under subsection 1 of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under subsection 2 of that section ii the manner of publication of alphabetical index of classification of goods and services under subsection 1 of section 8 iii the manner in which the registrar may notify a word as an international nonproprietary name under section 13 iv the manner of making an application for dissolution of an association under subsection 5 of section 16 v the manner of making an application for registration of a trade mark under subsection 1 of section 18 vi the manner of advertising of an application for registration under subsection 1, and the manner of notifying corrections or amendments under subsection 2, of section 20 1vii the manner of giving a notice of opposition and the fee payable for such notice under subsection 1 and sending counterstatement under subsection 2 and submission of evidence and the time therefor under subsection 4 of section 21 viii the form of certificate of registration under subsection 2, and the manner of giving notice to the applicant under subsection 3 of section 23 ix the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the registrar shall send a notice and the manner of such notice under subsection 3 of that section 2ixa the time within which the international application is to be forwarded to the international bureau and the manner of certifying the particulars by the registrar under subsection 4 of section 36d ixb the manner of keeping a record of particulars of an international registration under subsection 1 of section 36e ixc the manner of informing the international bureau under subsection 2 of section 36e ixd the manner of advertising the international registration and the time within which the international registration shall be advertised under subsection 3 of section 36e x the manner of submitting statement of cases under subsection 2 of section 40 xi the manner of making an application by the proprietor of a trade mark under section 41 xii the manner of making an application for assignment or transmission of a certification trade mark under section 43 xiii the manner of making an application to the registrar to register title under subsection 1 of section 45 2xiiia the period within which the registrar shall dispose of an application under subsection 3 of section 45 xiv the manner in which and the period within which an application is to be made under subsection 4 of section 46 xv the manner of making an application under subsection 2 of section 47 xvi the manner of making an application, documents and other evidence to accompany such application under subsection 1 and the manner in which notice is to be issued under subsection 3 of section 49 xvii the manner of making an application under subsection 1, the manner of issuing a notice under subsection 2 and the procedure for cancelling a registration under subsection 3 of section 50 xviii the manner of making applications under subsections 1 and 2, the manner of giving notice under subsection 4 and the manner of service of notice of rectification under subsection 5 of section 57 xix the manner of making an application under section 58 xx the manner of making an application under subsection 1, the manner of advertising an application, time and manner of notice by which application may be opposed under subsections 2 and 3 of section 59 xxi the manner of advertisement under subsection 2 of section 60 xxii the other matters to be specified in the regulations under subsection 2 of section 63 xxiii the manner of making an application under subsection 1 of section 71 xxiv the manner of advertising an application under section 73 xxv the manner of making an application under section 77 3 xxix the salaries and allowances payable to, and the other terms and conditions of service of, the 4chairperson, 5vicechairperson and other members under subsection 1 of section 88 xxx the procedure for investigation of misbehavior or incapacity of the 4chairperson, 5vicechairperson and other members under subsection 3 of section 89 6 xxxiii the form in which and the particulars to be included in the application to the 7high court under subsection 1 of section 97 xxxiv the manner of making an application for review under clause c of section 127 xxxv the time within which an application is to be made to the registrar for exercising his discretionary power under section 128 xxxvi the manner of making an application and the fee payable therefor under subsection 1 of section 131 xxxvii the manner of making an application under subsection 1 and the period for withdrawal of such application under subsection 2 of section 133 xxxviii the manner of authorising any person to act and the manner of registration as a trade mark agent under section 145 xxxix the conditions for inspection of documents under subsection 1 and the fee payable for obtaining a certified copy of any entry in the register under subsection 2 of section 148 xl the fees and surcharge payable for making applications and registration and other matters under section 150 xli any other matter which is required to be or may be prescribed. 3 the power to make rules conferred by this section shall include the power to give retrospective effect in respect of the matters referred to in clauses xxix and xxxi of subsection 2 from a date not earlier than the date of commencement of this act, but no retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom subrule may be applicable. 4 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 40 of , s. 9, for clause vii w.e.f. . 2. ins. by s. 9, ibid. w.e.f. . 3. cls. xxvi, xxvii and xxviii omitted by act 40 of , s. 9 w.e.f. . 4. subs. by act 7 of , s. 161, for chairman w.e.f. . 5. subs. by s. 161, ibid., for vicechairman w.e.f. . 6. clauses xxxi and xxxii omitted by act 33 of , s. 21 w.e.f. . 7.subs. by s. 21, ibid., for appellate board w.e.f. .

section 154. of the trade marks act : 1 with a view to the fulfilment of a treaty, convention or arrangement with any country or country which is a member of a group of countries or union of countries or intergovernmental organisation outside india which affords to citizens of india similar privileges as granted to its own citizens, the central government may, by notification in the official gazette, declare such country or group of countries or union of countries or intergovernmental organisation to be a convention country or group of countries or union of countries or intergovernmental organisation, as the case may be, for the purposes of this act. 2 where a person has made an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries or intergovernmental organisation and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in india within six months after the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or intergovernmental organisations, the trade mark shall, if registered under this act, be registered as of the date on which the application was made in the convention country or country which is a member of a group of countries or union of countries or intergovernmental organisation and that date shall be deemed for the purposes of this act to be the date of registration. 3 where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or intergovernmental organisation, the period of six months referred to in the last preceding subsection shall be reckoned from the date on which the earlier or earliest of those applications was made. 4 nothing in this act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this act.

section 156. of the trade marks act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament. regulations yeardescriptionfiles the trade marks removal of difficulties order,

section 159. of the trade marks act : 1 the trade and merchandise marks act, 43 of is hereby repealed. 2 without prejudice to the provisions contained in the general clauses act, 10 of , with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the trade and merchandise marks act, 43 of shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act. 3 the provisions of this act shall apply to any application for registration of a trade mark pending at the commencement of this act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. 4 subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this act, any legal proceeding pending in any court at the commencement of this act may be continued in that court as if this act had not been passed. 5 notwithstanding anything contained in this act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this act, then, the continued use of that mark shall not be an infringement under this act. 6 notwithstanding anything contained in subsection 2, the date of expiration of registration of a trade mark registered before the commencement of this act shall be the date immediately after the period of seven years for which it was registered or renewed: provided that the registration of a defensive trade mark referred to in section 47 of the trade and merchandise marks act, 43 of shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier.

section 158. of the trade marks act : the enactment specified in the schedule shall be amended in the manner specified therein.

section 8., of a chit, and creation of a reserve fund, by a company. of the chit funds act : 1 notwithstanding anything contained in the companies act, 1 of , but subject to the provisions of this act, a company shall not commence or carry on chit business unless it has a paidup capital of not less than rupees one lakh. 2 every company having a paidup capital of less than rupees one lakh and carrying on chit business on the commencement of this act, shall, before the expiry of a period of three years from such commencement, increase its paidup capital of not less than rupees one lakh: provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years in respect of any company by such further period or periods not exceeding two years in the aggregate: provided further that no such company shall commence any new chit the duration of which would extend beyond the said period of three years or such extended period or periods under the first proviso unless it increases its paidup capital to not less than rupees one lakh. 3 every company carrying on chit business shall create and maintain a reserve fund and shall, out of the balance of profit of each year as disclosed in its profit and loss account and before any 1share of discount on its shares is declared, transfer to such reserve fund, a sum equal to not less than ten per cent. of such profit. 4 no company shall appropriate any sum or sums from the reserve fund except with the prior approval of the registrar and, for the purpose of obtaining such approval, it shall make an application in the prescribed form to the registrar explaining the circumstances relating to such appropriation. 1. subs. by act 41 of , s. 3, for dividend w.e.f. .

section 1. of the chit funds act : 1 this act may be called the chit funds act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. the provisions of this act shall come into force in the state of west bengal on 2nd april, , vide notification no. s.o. 143e, dated 1st march, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of tamil nadu on 13th april, , vide notification no. s.o. 281e, dated 12th april, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of himachal pradesh on 1st november, , vide notification no. s.o. 808e, dated 29th october, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of sikkim on 6th november, , vide notification no. s.o. 837e, dated 14th november, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of andaman and nicobar islands on 1st july, , vide notification no. s.o. 493e, dated 27th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of pondicherry on 1st november, vide notification no. s.o. 771e, dated 28th october, see gazette of india, extraordinary, part ii, sec. 3ii. the state of rajasthan on 1st july, vide notification no. s.o. 481e, dated 26th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of assam on 1st march, , vide notification no. s.o. 166e, dated 22nd february, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of manipur on 1st november, , vide notification no. s.o. 779e, dated 28th october, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of tripura on 1st march, , vide notification no. s.o. 131e, dated 1st march, see gazette of india, extraordinary, part ii, sec. 3ii. the state of bihar on 2nd october,, vide notification no. s.o. 864e, dated 28th september, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of punjab on 1st april, , vide notification no. s.o. 204e, dated 31st march, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of karnataka on 2nd january, vide notification no. s.o. 946e, dated 30th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of chandigarh on 1st may, , vide notification no. s.o. 322e, dated 27th april, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of dadra and nagar haveli on 3rd september, , vide notification no. s.o. 660e, dated 30th august, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of orissa on 1st september, , vide notification no. s.o. 629e, dated 26th august, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of goa, daman diu on 1st january, , vide notification no. s.o. 910e, dated 24th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of madhya pradesh on 1st july , vide notification no. s.o. 381e, dated 27th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of meghalaya on 2nd january, , vide notification no. s.o. e, dated 30th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of uttar pradesh on 1st february, , vide notification no. s.o. 133e, dated 29th january, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of west bengal on 2nd april, , vide notification no. s.o. 143e, dated 1st march, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of tamil nadu on 13th april, , vide notification no. s.o. 281e, dated 12th april, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of himachal pradesh on 1st november, , vide notification no. s.o. 808e, dated 29th october, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of sikkim on 6th november, , vide notification no. s.o. 837e, dated 14th november, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of andaman and nicobar islands on 1st july, , vide notification no. s.o. 493e, dated 27th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of pondicherry on 1st november, vide notification no. s.o. 771e, dated 28th october, see gazette of india, extraordinary, part ii, sec. 3ii. the state of rajasthan on 1st july, vide notification no. s.o. 481e, dated 26th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of assam on 1st march, , vide notification no. s.o. 166e, dated 22nd february, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of manipur on 1st november, , vide notification no. s.o. 779e, dated 28th october, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of tripura on 1st march, , vide notification no. s.o. 131e, dated 1st march, see gazette of india, extraordinary, part ii, sec. 3ii. the state of bihar on 2nd october,, vide notification no. s.o. 864e, dated 28th september, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of punjab on 1st april, , vide notification no. s.o. 204e, dated 31st march, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of karnataka on 2nd january, vide notification no. s.o. 946e, dated 30th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of chandigarh on 1st may, , vide notification no. s.o. 322e, dated 27th april, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of dadra and nagar haveli on 3rd september, , vide notification no. s.o. 660e, dated 30th august, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of orissa on 1st september, , vide notification no. s.o. 629e, dated 26th august, , see gazette of india, extraordinary, part ii, sec. 3ii. the union territory of goa, daman amp diu on 1st january, , vide notification no. s.o. 910e, dated 24th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of madhya pradesh on 1st july , vide notification no. s.o. 381e, dated 27th june, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of meghalaya on 2nd january, , vide notification no. s.o. e, dated 30th december, , see gazette of india, extraordinary, part ii, sec. 3ii. the state of uttar pradesh on 1st february, , vide notification no. s.o. 133e, dated 29th january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the chit funds act : 1 every chit agreement shall be filed in duplicate by the foreman with the registrar. 2 the registrar shall retain one copy of the chit agreement and return the duplicate to the foreman with an endorsement that the chit agreement has been registered: provided that the registrar may refuse to register the chit agreement on any one or more of the following grounds, namely: a that the security offered by the foreman under section 20 is insufficient b that the foreman had been convicted of any offence under this act or under any other act regulating chit business and sentenced to imprisonment for any such offence c that the foreman had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this act or had violated any of the provisions of this act or the rules made thereunder d that the foreman had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: provided further that before refusing to register a chit under the first proviso, the foreman shall be given a reasonable opportunity of being heard. 3 every endorsement made under subsection 2 shall be conclusive evidence that the chit is duly registered under this act and the registration of a chit shall lapse if the declaration by the foreman under subsection 1 of section 9 is not filed within three months from the date of such endorsement or within such further period or periods not exceeding three months in the aggregate as the registrar may, on application made to him in this behalf, allow.

section 2. of the chit funds act : in this act, unless the context otherwise requires, a approved bank means the state bank of india constituted under section 3 of the state bank of india act, 23 of , or a subsidiary bank constituted under section 3 of the state bank of india subsidiary banks act, 38 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or a regional rural bank established under section 3 of the regional rural banks act, 21 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of , or a banking company as defined under clause e of section 5 of the banking regulation act, 10 of , or a banking institution notified by the central government under section 51 of that act or such other banking institution as the state government may, in consultation with the reserve bank, approve for the purposes of this act b chit means a transaction whether called chit, chit fund, chitty, kuri 1, fraternity fund, rotating savings and credit institution or by any other name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money or a certain quantity of grain instead by way of periodical instalments over a definite period and that each such subscriber shall, in his turn, as determined by lot or by auction of by tender or in such other manner as may be specified in the chit agreement, be entitled to the 2net chit amount. explanation. a transaction is not a chit within the meaning of this clause, if in such transaction, i some alone, but not all, of the subscribers get the 2 net chit amount without any liability to pay future subscriptions or ii all the subscribers get the 3gross chit amount by turns with a liability to pay future subscriptions c chit agreement means the document containing the articles of agreement between the foreman and the subscribers relating to the chit 4 e chit business means the business of conducting a chit f defaulting subscriber means a subscriber who has defaulted in the payment of subscriptions due in accordance with the terms of the chit agreement g discount means the sum of money or the quantity of grain which a prized subscriber is, under the terms of the chit agreement, required to forego and which is set apart under the said agreement to meet the expenses of running the chit or for distribution among the subscribers or for both 5 i draw means the manner specified in the chit agreement for the purpose of ascertaining the prized subscriber at any instalment of the chit j foreman means the person who under the chit agreement is responsible for the conduct of the chit and includes any person discharging the functions of the foreman under section 39 6ja gross chit amount means the sumtotal of the subscriptions payable by all the subscribers for any installment of a chit without any deduction of discount or otherwise jb net chit amount means the difference between the gross chit amount and the discount, and in the case of a fraction of a ticket means the difference between the gross chit amount and the discount proportionate to the fraction of the ticket, and when the net chit amount is payable otherwise than in cash, the value of the net chit amount shall be the value at the time when it becomes payable k nonprized subscriber does not include a defaulting subscriber l prescribed means prescribed by rules made under this act 7 n prized subscriber means a subscriber who has either received or is entitled to receive the 2net chit amount o registrar means the registrar of chits appointed under section 61, and includes an additional, a joint, deputy or an assistant registrar appointed under that section p reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of 8pa share of discount means the share of the subscriber in the amount of discount available under the chit agreement for rateable distribution among the subscribers at each instalment of the chit. q state government, in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution r subscriber includes a person who holds a fraction of a ticket and also a transferee of a ticket or fraction thereof by assignment in writing or by operation of law s ticket means the share of a subscriber in a chit. 1. ins. by act , s. 2 w.e.f. . 2. subs. by s. 3, ibid., for prize amount w.e.f. . 3. subs. by s. 3, ibid., for chit amount w.e.f. . 4. clause d omitted by s. 2, ibid. w.e.f. . 5. clause h omitted by s. 2, ibid. w.e.f. . 6. ins. by s. 2, ibid. w.e.f. . 7. clause m omitted by act 41 of , s. 2 w.e.f. . 8. ins. by s. 2, ibid. w.e.f. .

section 3. of the chit funds act : save as otherwise expressly provided in this act, a the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in the memorandum or articles of association or byelaws or in any agreement or resolution whether the same be registered, executed or passed, as the case may be, before or after the commencement of this act and b any provision contained in the memorandum, articles, byelaws, agreement or resolution aforesaid, shall, to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may be.

section 4. of the chit funds act : 1 no chit shall be commenced or conducted without obtaining the previous sanction of the state government within whose jurisdiction the chit is to be commenced or conducted or of such officer as may be empowered by that government in this behalf, and unless the chit is registered in that state in accordance with the provisions of this act: provided that a sanction obtained under this subsection shall lapse if the chit is not registered within twelve months from the date of such sanction or within such further period or periods not exceeding six months in the aggregate as the state government may, on application made to it in this behalf, allow. 2 an application for the purpose of obtaining a sanction under subsection 1 shall be made by the foreman in such form and in such manner as may be prescribed. 3 the previous sanction referred to in subsection 1 may be refused, if the foreman, a had been convicted of any offence under this act or under any other act regulating chit business and sentenced to imprisonment for any such offence or b had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this act or had violated any of the provisions of this act or the rules made thereunder or c had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: provided that before refusing any such sanction, the foreman shall be given a reasonable opportunity of being heard. 4 the order of the state government, and, subject to the provisions of subsection 5, the order of the officer empowered under subsection 1, issuing or refusing previous sanction under this section shall be final. 5 any person aggrieved by the refusal to issue previous sanction by an officer empowered under subsection 1 may appeal to the state government within thirty days of the date of communication to him of such refusal and the decision of that government on such appeal shall be final.

section 10. of the chit funds act : 1 a foreman shall, as soon as may be after he has obtained the certificate of commencement under subsection 2 of section 9, but not later than the date of the first draw of the chit, furnish to every subscriber, a copy of the chit agreement certified to be a true copy. 2 a foreman shall, within fifteen days after the close of the month in which the draw for the first instalment of the chit is held, file with the registrar, a certificate to the effect that the provisions of subsection 1 have been complied with.

section 5. of the chit funds act : no person shall issue or cause to be issued any notice, circular, prospectus, proposal or other document inviting the public to subscribe for tickets in any chit unless such notice, circular, prospectus, proposal or document contains a statement that the previous sanction required under section 4 has been obtained and the particulars of such sanction.

section 13. of the chit funds act : 1 no foreman, other than a firm or other association of individuals or a company or cooperative society, shall commence or conduct chits, the aggregate 1gross chit amount of which at any time exceeds 2rupees three lakh. 2 where the foreman is a firm or other association of individuals, the aggregate 1gross chit amount of the chits conducted by the firm or other association shall not at any time exceed, a where the number of partners of the firm or the individuals constituting the association is not less than four, a sum of rupees 3rupees eighteen lakhs b in any other case, a sum calculated on the basis of 2rupees three lakh with respect to each such partner or individual. 3 where the foreman is a company or cooperative society, the aggregate 1gross chit amount of the chits conducted by it shall not at any time exceed ten times the net owned funds of the company or the cooperative society, as the case may be. explanation. for the purposes of this subsection, net owned funds shall mean the aggregate of the paidup capital and free reserves as disclosed in the last audited balance sheet of the company or cooperative society, as reduced by the amount of accumulated balance of loss, deferred revenue, expenditure and other intangible assets, if any, as disclosed in the said balancesheet. 1. subs. by act 41 of , s. 3, for chit amount w.e.f. . 2. subs. by s. 5, ibid., rupees one lakh w.e.f. . 3. subs. by s. 5, ibid., for, rupees six lakhs w.e.f. .

section 6. of the chit funds act : 1 every chit agreement shall be in duplicate and shall be signed by each of the subscribers or by any person authorised by him in writing and the foreman and attested by at least two witnesses and it shall contain the following particulars, namely: a full name and residential address of every subscriber b the number of tickets including the fraction of a ticket held by each subscriber c the number of instalments, the amount payable for each ticket at every instalment and the interest or penalty, if any, payable on any default in the payment of such instalments d the probable date of commencement and the duration of the chit e the manner of ascertaining the prized subscriber at each instalment f the maximum amount of discount which the prized subscriber has to forego at any instalment g the mode and proportion in which the discount is distributable by way of 1share of discount, foremans commission or remuneration of expenses for running the chit, as the case may be h the date, time and place at which the chit is to be drawn i the instalment at which the foreman is to get the 2gross chit amount j the name of the approved bank in which chit moneys shall be deposited by the foreman under the provisions of this act k where the foreman is an individual, the manner in which a chit shall be continued when such individual dies or becomes of unsound mind or is otherwise incapacitated l the consequences to which a nonprized or prized subscriber or the foreman shall be liable in case of violation of any of the provisions of the chit agreement m the conditions under which a subscriber shall be treated as a defaulting subscriber n the nature and particulars of the security to be offered by the foreman o the dates on which and time during which the foreman shall, subject to the provisions contained in section 44, allow inspection of chit records to nonprized and unpaid prized subscribers p the names of the nominees of each subscriber, that is to say, the names of the persons to whom the benefits accruing to the subscriber under the chit may be paid in the case of the death of the subscriber or when he is otherwise incapable of making an agreement q any other particulars that may, from time to time, be prescribed. explanation. for the purposes of this subsection, it shall be sufficient if the signature of each subscriber is obtained in separate copies of the agreement. 2 the duration of a chit shall not extend beyond a period of five years from the date of its commencement: provided that the state government may permit the duration of a chit up to a period of ten years if it is satisfied that it is necessary so to do, having regard to, a the financial condition of the foreman b his methods of operation c the interests of prospective subscribers d the requirements as to security and e such other factors as the circumstances of the case may require. 3 the amount of discount referred to in clause f of subsection 1 shall not exceed 3 thirty per cent. of the 2gross chit amount. 4 where the prized subscriber at any instalment of the chit is required to be determined by auction and more than one person offer the maximum discount, the prized subscriber shall be determined by lot. 1. subs. by act 41of , s. 3, for dividend w.e.f. . 2. subs. by s. 3, ibid., for chit amount w.e.f. .. 3. subs. by act 10 of , s. 2, for forty per cent. w.e.f. .

section 9. of the chit funds act : 1 every foreman shall, after all the tickets specified in the chit agreement are fully subscribed, file a declaration to that effect with the registrar. 2 as soon as may be after a declaration is filed under subsection 1, the registrar shall, after satisfying himself that all the requirements relating to sanction, registration of chit and other matters have been duly complied with, grant a certificate of commencement to the foreman. 3 no foreman shall commence any auction or the draw of any chit or appropriate any 1gross chit amount unless a certificate of commencement referred to in subsection 2 is obtained by him. 1.subs. by s. 3, ibid., for chit amount w.e.f. .

section 11. of the chit funds act : 11 no person shall carry on chit business unless he uses as part of his name any of the words chit, chit fund, chitty, kuri, fraternity fund or rotating savings and credit institution and no person other than a person carrying on chit business shall use as part of his name any such word.br 2 where at the commencement of this act,br a any person is carrying on chit business without using as part of his name any of the words specified in subsection 1 orbr b any person not carrying on chit business is using any such word as part of his name, he shall, within a period of one year from such commencement, add as part of his name any such word or, as the case may be, delete such word from his name:br provided that the state government may, if it considers necessary in the public interest or for avoiding any hardship, extend the said period of one year by such further period or periods not exceeding one year in the aggregate. 1. subs. by s. 4, ibid., for section 11 w.e.f. .

section 12. of the chit funds act : 1 except with the general or special permission of the state government, no company carrying on chit business shall conduct any other business. 2 where at the commencement of this act, any company is carrying on any business in addition to chit business, it shall wind up such other business before the expiry of a period of three years from such commencement: provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years by such further period or periods not exceeding two years in the aggregate.

section 14. of the chit funds act : 1 no person carrying on chit business shall utilise the moneys collected in respect of such business other than commission or remuneration payable to such person or interest or penalty, if any, received from a defaulting subscriber, except for a carrying on chit business or b giving loans and advances to nonprized subscribers on the security of subscriptions paid by them or c investing in trustee securities within the meaning of section 20 of the indian trusts act, 2 of or d making deposits with approved banks mentioned in the chit agreement. 2 where any person carrying on chit business has utilised the moneys collected in respect of such business before the commencement of this act, otherwise than for the purposes specified in subsection 1, he shall secure that so much of such moneys as have not been realised before such commencement are realised before the expiry of a period of three years from such commencement: provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period of three years by such further period or periods not exceeding one year in the aggregate.

section 15. of the chit funds act : a chit agreement shall not be altered, added to or cancelled except with the consent in writing of the foreman and all the subscribers to the chit.

section 16. of the chit funds act : 1 every draw in a chit shall be held on the date, at the time and place mentioned in the chit agreement and a notice therefor in such form and in such manner as may be prescribed shall be issued by the foreman to all the subscribers 1present in person or through video conferencing duly recorded by the foreman. 2 every such draw shall be conducted in accordance with the provisions of the chit agreement and in the presence of not less than two subscribers. 3 where any draw was not conducted on the ground that two subscribers required to be present at a draw under subsection 2 were not present or on any other ground, the registrar may, on his own motion or on an application made by the foreman or any of the subscribers, direct that the draw shall be conducted in his presence or in the presence of any person deputed by him. 1. ins. by act 41 of , s. 6 w.e.f. .

section 17. of the chit funds act : 1 the minutes of the proceedings of every draw shall be prepared and entered in a book to be kept for that purpose immediately after the closure of the draw and shall be signed by the foreman, the prized subscribers, if present, or their authorised agents, and at least two other subscribers who are present 1in person or through video conferencing, and where a direction has been made under subsection 3 of section 16, also by the registrar or the person deputed by him under that subsection. 1provided that where two subscribers required to be present under subsection 2 of section 16 are present through video conferencing, the foreman shall have the minutes of the proceedings signed by such subscribers within a period of two days of the date of the draw. 2 the minutes referred to in subsection 1 shall state clearly a the date and hour when proceedings began and ended and the place where the draw was held b the number of the instalment of the chit to which the proceedings relate c the names of the subscribers present d the person or persons who become entitled to the 2net chit amount in the instalment e the amount of discount f full particulars regarding the disposal of the unpaid 2net chit amount, if any, in respect of any previous instalment and g any other particulars that may be prescribed. 1. ins. by s. 7 ibid. w.e.f. . 2. subs. by s. 3, for prize amount w.e.f. .

section 24. of the chit funds act : without prejudice to the provisions of the companies act, 1 of , every foreman shall prepare and file with the registrar within such time as may be prescribed, a balance sheet as on the last date of each calendar year, or, as the case may be, the financial year of the foreman, and a profit and loss account relating to the year of account, in the forms set out in parts i and ii of the schedule, or as near thereto as circumstances admit, in respect of the chit business and audited by auditors qualified to act as auditors under the companies act, , or by a chit auditor appointed under section 61: provided that where a balance sheet is audited by an auditor qualified to act as auditor under the companies act, 1 of , a chit auditor appointed under section 61 shall have the right to audit the balance sheet at any time if so authorised by the registrar in this behalf.

section 18. of the chit funds act : a true copy of the minutes of the proceedings of every draw certified as such by the foreman shall be filed by the foreman with the registrar within twentyone days from the date of the draw to which it relates.

section 19. of the chit funds act : 1 no person carrying on chit business shall open a new place of business without obtaining the prior approval of the registrar within whose territorial jurisdiction his registered office or, as the case may be, the place or the principal place of business is situated. 2 before granting approval under subsection 1, the registrar shall consult the registrar of the state within whose territorial jurisdiction the new place of business is proposed to be opened and shall also keep in view the financial condition and methods of operation of the foreman, the extent to which public interest will be served by the opening of the new place of business and such other matters as may be prescribed. 3 where a person carrying on chit business opens a new place of business in a state other than the state hereinafter referred to as the state of origin in which his registered office or the place or the principal place of his business is situated, the registrar of the state in which such new place of business is opened may also exercise and perform any of the powers and functions which the registrar of the state of origin may exercise and perform in respect of the chit business carried on at such new place of business. 4 for the purposes of this section, place of business shall include any branch office, suboffice, or any place of business where the chit business may be conducted by such person.

section 20. of the chit funds act : 1 for the proper conduct of the chit, every foreman shall, before applying for a previous sanction under section 4, 1a deposit in the name of the registrar, an amount equal to, i fifty per cent. of the 2gross chit amount in cash in an approved bank and ii fifty per cent. of the 2gross chit amount in the form of bank guarantee from an approved bank or b transfer government securities of the face value or market value whichever is less of not less than one and a half times the 2gross chit amount in favour of the registrar or c transfer in favour of the registrar such other securities, being securities in which a trustee may invest money under section 20 of the indian trusts act, 2 of , of such value, as may be prescribed by the state government from time to time: provided that the value of the securities referred to in clause c shall not, in any case, be less than one and a half times the value of the 2gross chit amount . 2 where a foreman conducts more than one chit, he shall furnish security in accordance with the provisions of subsection 1 in respect of each chit. 3 the registrar may, at any time during the currency of the chit, permit the substitution of the security: provided that the face value or market value whichever is less of the substituted security shall not be less than the value of the security given by the foreman under subsection 1. 4 the security given by the foreman under subsection 1, or any security substituted under subsection 3, shall not be liable to be attached in execution of a decree or otherwise until the chit is terminated and the claims of all the subscribers are fully satisfied. 5 where the chit is terminated and the registrar has satisfied himself that the claims of all the subscribers have been fully satisfied, he shall order the release of the security furnished by the foreman under subsection 1, or the security substituted under subsection 3, as the case may be, and in doing so, he shall follow such procedure as may be prescribed. 6 notwithstanding anything to the contrary contained in any other law for the time being in force, the security furnished under this section shall not be dealt with by the foreman during the currency of the chit to which it relates and any dealing by the foreman with respect thereto by way of transfer or other encumbrances shall be null and void. 1 subs.by act 10 of , s. 4, for clause a w.e.f. . 2. subs. by act 41 of , s. 3, for chit amount w.e.f. .

section 25. of the chit funds act : 1 every foreman shall be liable to account to the subscribers for the amounts due to them. 2 where there are more than one foreman in a chit, each one of them jointly and severally and, if the foreman is a firm or other association of individuals, each one of the partners or individuals thereof jointly and severally and, if the foreman is a company, the company as such, shall be liable to the subscribers in respect of the obligations arising out of the chit.

section 22. of the chit funds act : 1 the foreman shall, on the prized subscriber furnishing sufficient security for the due payment of future subscriptions, be bound to pay him the 1net chit amount:: provided that the prized subscriber shall be entitled to the payment of the 1net chit amount without any security whatsoever if he agrees to the deduction therefrom of the amount of all future subscriptions and in such a case, the foreman shall pay the 1net chit amount to the prized subscriber within seven days after the date of the draw or before the date of the next succeeding instalment, whichever is earlier: provided further that where the 1net chit amount has been paid to the prized subscriber under the first proviso, the amount deducted shall be deposited by the foreman in an approved bank mentioned in the chit agreement and he shall not withdraw the amount so deposited except for the payment of future subscriptions. 2 if, owing to the default of the prized subscriber, the 1net chit amount due in respect of any draw remains unpaid until the date of the next succeeding instalment, the foreman shall deposit the prize amount forthwith in a separate account in an approved bank mentioned in the chit agreement and intimate in writing the fact of such deposit and the reasons therefor to the prized subscriber and the registrar: provided that where any prized subscriber does not collect the 1net chit amount in respect of any instalment of a chit within a period of two months from the date of the draw, it shall be open to the foreman to hold another draw in respect of such instalment. 3 every payment of the 1net chit amount or the amount of future subscriptions under subsection 1, and the deposit of the 1net chit amount under subsection 2, shall be intimated to the subscribers at the next succeeding draw and the particulars of such payment or deposit shall be entered in the minutes of the proceedings of that draw. 4 the foreman shall not appropriate to himself any amount in excess of what he is entitled to under clause b or clause c of subsection 1 of section 21: provided that where the foreman is himself a prized subscriber, he shall be entitled to appropriate to himself the 1net chit amount subject to his complying with the provisions of section 31: provided further that the foreman may appropriate to himself the interest accruing on the amount deposited under the second proviso to subsection 1. 5 the foreman shall not admit any person as a subscriber to a chit, if, by such admission, the total number of tickets mentioned in the chit agreement is increased. 6 the foreman shall distribute among the subscribers, in accordance with the chit agreement, the 2share of discount either in cash, grain or by way of adjustment towards the subscriptions payable for the next instalment, if any. 1. subs. by s. 3, ibid., for prize amount w.e.f. . 2. subs. by s. 3, ibid., for dividend w.e.f. .

section 21. of the chit funds act : 1 the foreman shall be entitled, a in the absence of any provision in the chit agreement to the contrary, to obtain the 1gross chit amount at the first instalment without deduction of the discount specified in the chit agreement, subject to the condition that he shall subscribe to a ticket in the chit: provided that in a case where the foreman has subscribed to more than one ticket, he shall not be eligible to obtain more than one chit amount in a 1gross chit amount discount b to such amount not exceeding 2seven per cent. of the 1gross chit amount as may be fixed in the chit agreement, by way of commission, remuneration or for meeting the expenses of running the chit c to interest and penalty, if any, payable on any default in the payment of instalments and to such other amounts as may be payable to him under the provisions of the chit agreement d to receive and realise all subscriptions from the subscribers and to distribute the prize amounts to the prized subscribers e to demand sufficient security from any prized subscriber for the due payment of future subscriptions payable by him. explanation. a security shall be deemed to be sufficient for the purposes of this clause if its value exceeds by onethird, or of it consists of immovable properties, the value of which exceeds by onehalf, of the amount due from the prized subscriber f to substitute subscribers in place of defaulting subscribers 3 4fa to exercise his right to lien against the credit balance in other nonprized chits and g to do all other acts that may be necessary for the due and proper conduct of the chit. 2 where any dispute arises with regard to the value of the property offered as security under clause e of subsection 1, it shall be referred to the registrar for arbitration under section 64. 1. subs. by act 41 of , s. 3, for chit amount w.e.f. . 2. subs. by act 41 of , s. 8, for five per cent. w.e.f. . 3. the word and omitted by s. 8, ibid. w.e.f. . 4. ins. by s. 8, ibid. w.e.f. .

section 23., to be kept by foreman. of the chit funds act : the foreman shall maintain in his registered office, or, as the case may be, in the place or the principal place of his business, or, where the foreman has any branch office, suboffice or any place of business for the conduct of chit business in a state other than the state in which his registered office or the principal place of his business is situated, in such branch office, suboffice or place of business in respect of the business conducted in that state a a register containing i the names and full particulars of the subscribers in each chit together with the number of tickets held by each subscriber ii the dates on which the subscribers signed the chit agreement and iii in the case of an assignment of a ticket by a subscriber, the name and full address of the assignee with the date of assignment and the date on which the assignment had been recognised by the foreman b a book containing the minutes of the proceedings of each draw c a ledger containing i the amounts paid by the subscribers in each chit and the dates of such payments ii the amounts paid to the prized subscribers and the dates of such payments and iii in the case of any deposit in an approved bank mentioned in the chit agreement, the date and the amount of such deposit d a register in the prescribed form showing the amounts deposited in approved banks as required under the provisions of this act in respect of all chits conducted by the foreman at his office and e such other registers and books in such form as may be prescribed by the state government within whose jurisdiction the chit is conducted.

section 26. of the chit funds act : 1 no foreman, or where there are more than one foreman in a chit, none of them shall withdraw from the chit until its termination unless such withdrawal is assented to in writing by all the nonprized and unpaid prized subscribers and a copy of such assent has been filed with the registrar under section 41. 2 the withdrawal from a chit of any one of the foreman shall not affect the security given by him under section 20 or section 31.

section 33. of the chit funds act : a foreman shall not be entitled to claim a consolidated payment from a defaulting prized subscriber under section 32 unless he makes a demand to that effect in writing. 2 where a dispute is raised under this act by a foreman for a consolidated payment of future subscriptions from a defaulting prized subscriber and if the subscriber pays to the foreman on or before the date to which the dispute is posted for hearing the arrears of subscriptions till that date together with the interest thereon at the rate provided for in the chit agreement and the cost of adjudication of the dispute, the registrar or his nominee hearing the dispute shall, notwithstanding any contract to the contrary, make an order directing the subscriber to pay to the foreman the future subscriptions on or before the dates on which they fall due, and that, in case of any default of such payments by the subscriber, the foreman shall be at liberty to realise, in execution of that order, all future subscriptions and interest together with the costs, if any, less the amount, if any, already paid by the subscriber in respect thereof: provided that if any such dispute is on a promissory note, no order shall be passed under this subsection unless such promissory note expressly states that the amount due under the promissory note is towards the payment of subscriptions to the chit. 3 any person who holds any interest in the property furnished as security or part thereof, shall be entitled to make the payment under subsection 2. 4 all consolidated payments of future subscriptions realised by a foreman shall be deposited by him in an approved bank mentioned in the chit agreement before the date of the succeeding instalment and the amount so deposited shall not be withdrawn except for payment of future subscriptions. 5 where any property is obtained as security in lieu of the consolidated payment of future subscriptions, it shall remain as security for the due payment of future subscriptions.

section 28. of the chit funds act : 1 a nonprized subscriber who defaults in paying his subscription in accordance with the terms of the chit agreement shall be liable to have his name removed from the list of subscribers and a written notice of such removal shall be given by the foreman to the defaulting subscriber within fourteen days of the date of such removal: provided that if the defaulter pays the defaulted instalment with interest at such rate as may be prescribed within seven days of the date of receipt of such notice, his name shall be reentered in the list of such subscribers. 2 every such removal under subsection 1 shall with the date thereof be entered in the relevant book maintained by the foreman. 3 a true copy of the entry referred to in subsection 2 shall be filed by the foreman with the registrar within fourteen days from the date of removal. 4 any defaulting subscriber aggrieved by the removal of his name from the list of subscribers may, within seven days of the date of receipt of the notice of removal refer the matter to the registrar for arbitration under section 64.

section 27. of the chit funds act : every nonprized subscriber shall pay his subscription due in respect of every instalment on the dates and times and at the places mentioned in the chit agreement and shall, on such payment, be entitled to obtain a receipt from the foreman.

section 29. of the chit funds act : 1 a foreman may substitute in the list of subscribers any person thereafter in this chapter referred to as the substituted subscriber in place of the defaulting subscriber whose name has been removed under subsection 1 of section 28. 2 every substitution referred to in subsection 1 shall, with the date thereof, be entered in the relevant book maintained by the foreman and a true copy of every such entry shall be filed by the foreman with the registrar within fourteen days from the date of substitution.

section 30. of the chit funds act : 1 a foreman shall, out of the amounts payable by and realized from the substituted subscriber towards the instalments relatable to the period before the date of the substitution including the arrears due from the defaulting subscriber, deposit, before the date of the next succeeding instalment, in a separate identifiable account in an approved bank mentioned in the chit agreement, an amount equal to the contributions made by the defaulting subscriber less such deductions as may be provided for in the chit agreement, and shall inform the defaulting subscriber as well as the registrar of the fact of such deposit and shall not withdraw the amount so deposited except for payment to the defaulting subscriber. 2 the amount so deposited under subsection 1 shall be paid to the defaulting subscriber as and when he claims the amount and the amount so deposited shall not be withdrawn by the foreman for any purpose other than for such payment. 3 the contributions of any defaulting subscriber who has not been substituted till the termination of the chit shall be paid to him within fifteen days from the date of termination of the chit subject to such deductions as may be provided for in the chit agreement.

section 31. of the chit funds act : every prized subscriber shall, if he has not offered to deduct the amount of all future subscriptions from the 1net chit amount due to him, furnish, and a foreman shall take, sufficient security for the due payment of all future subscriptions and, if the foreman is a prized subscriber, he shall give security for the due payment of all the future subscriptions to the satisfaction of the registrar. 1. subs. by act 41 of , s. 3, for prize amount w.e.f. .

section 32. of the chit funds act : every prized subscriber shall pay his subscriptions regularly on the dates and times and at the place mentioned in the chit agreement and, on his failure to do so, he shall be liable to make a consolidated payment of all the future subscriptions forthwith.

section 34. of the chit funds act : 1 no transfer of the rights of a foreman to receive subscriptions from the prized subscribers shall be made without the previous sanction in writing of the registrar. 2 any transfer of the rights of a foreman to receive subscriptions from the prized subscribers shall, if it is likely to defeat or delay the interests of a nonprized or unpaid prized subscriber, be voidable at the instance of such subscriber. 3 when under subsection 2, a transfer is disputed by a subscriber, the burden of proving that the foreman was in solvent in circumstances at the time of the transfer and that the transfer does not defeat or delay the interests of such subscriber is on the transferee.

section 40. of the chit funds act : a chit shall be deemed to have terminated, a when the period specified therefor in the chit agreement has expired provided the payment of dues to all the subscribers has been completed or b when all the nonprized and unpaid prized subscribers and the foreman consent in writing to the termination of the chit and a copy of such consent is filed with the registrar as required under section 41 or c where a foreman dies or becomes of unsound mind or is otherwise incapacitated and the chit is not continued in accordance with the provisions of the chit agreement: provided that, in a case where the foreman is a firm, if a partner thereof dies or becomes of unsound mind or is otherwise incapacitated, the chit shall not be deemed to have terminated and the surviving partner or partners shall conduct the chit in the absence of any provision to the contrary in the chit agreement.

section 35. of the chit funds act : every transfer by a nonprized subscriber of his rights in the chit shall be in writing duly attested by at least two witnesses and shall be filed with the foreman.

section 36. of the chit funds act : every transfer under section 35 shall, within a period of fourteen days from the date of receipt of the proposal for transfer by the foreman, be recognised by him unless the transferee is not solvent or the transfer was effected with a view to defeating the provisions of any law including this act and the decision of the foreman to recognise the transfer or not shall forthwith be communicated to the parties concerned.

section 41. of the chit funds act : a true copy of every assent referred to in section 26 and of every consent referred to in clause b of section 40 with their dates shall be filed by the foreman or by the surviving partner or partners, as the case may be, with the registrar within fourteen days from the date of such assent or consent.

section 37. of the chit funds act : every transfer under section 34 or section 35 shall be entered by the foreman in the books of the chit forthwith and a true copy of such entry shall be filed by the foreman with the registrar within fourteen days from the date of making such entry.

section 42. of the chit funds act : except in the cases referred to in clauses a and b of section 40, a every nonprized subscriber shall, unless otherwise provided for in this act or in the chit agreement, be entitled to get back his subscriptions at the termination of the chit without any deduction for 1share of discount, if any, earned by him: provided that, any person to whom the rights of a nonprized subscriber are transferred in accordance with the provisions of section 35, shall, in addition to his own subscriptions, be entitled to get back the subscriptions paid by such nonprized subscriber, subject to the conditions specified in this section b if a chit terminates on a date earlier than the date originally fixed in the chit agreement, the nonprized subscribers claim shall be deemed to have arisen on the date on which he has notice thereof. 1. subs. by act 41 of , s. 3, for dividend w.e.f. .

section 38. of the chit funds act : 1 the foreman may, on his own motion, convene a special meeting of the general body of subscribers for considering any proposal to pass a special resolution. 2 the foreman shall convene such a meeting on the requisition in writing of not less than twentyfive per cent. of the number of nonprized and unpaid prized subscribers, and the meeting so convened shall be held within thirty days of the date of receipt of the requisition and if the foreman refused or fails to call such a meeting within fourteen days of the date of receipt of such requisition, not less than twentyfive per cent. of the number of nonprized and unpaid prized subscribers may give notice of the fact to the registrar. 3 the registrar shall, within twentyone days of the receipt of the notice under subsection 2, convene or direct the convening of a special meeting of the general body of the subscribers and on receipt of such a direction, it shall be the duty of the foreman to comply with such direction. 4 notice of not less than fourteen days shall be given to all the subscribers of a meeting under this section specifying the object, date, hour and place of meeting and a copy of the special resolution shall also be sent along with the notice of the meeting. explanation. for the purposes of this section and section 39, special resolution means a resolution which is passed at a meeting of the general body of the subscribers specially convened for the purpose, by a majority of not less than twothirds of the subscribers to the chit present at the meeting in person or by proxy and representing not less than threefourths of the amount or, as the case may be, the value of the grain, subscribed by all the nonprized and unpaid prized subscribers, if any.

section 39. of the chit funds act : 1 where a foreman dies or becomes of unsound mind or is otherwise incapacitated, the chit may continue in accordance with the provisions of the chit agreement. 2 where a foreman is adjudicated an insolvent, or withdraws from the chit under section 26, or fails to conduct the chit at any instalment or on any other date before the next succeeding instalment as may have been agreed upon by a special resolution, any one or more of such subscribers authorised by such resolution may, in the absence of any provision in the chit agreement for the future conduct of the chit, take the place of the foreman and continue the chit or make other arrangements for the further conduct of the chit.

section 43. of the chit funds act : any amount due to the subscriber from a foreman in relation to the chit business shall be a first charge on the chit assets.

section 50. of the chit funds act : notwithstanding anything contained in sections 48 and 49, no petition for the winding up of a chit shall be entertained by the registrar, a if proceedings relating to insolvency are pending against the foreman or b where the foreman is a firm, if proceedings relating to insolvency are pending against all the partners or all the partners except one thereof, or proceedings for the dissolution of the firm are pending or c where the foreman is a company or cooperative society, if proceedings for the winding up of such company or cooperative society are pending.

section 44. of the chit funds act : every foreman shall, on payment of such fee not exceeding five rupees as may be specified in the chit agreement, allow the nonprized subscribers and unpaid prized subscribers reasonable facilities on all the dates of draw or on such other dates and within such hours as may be provided for in the chit agreement, for the inspection of security bonds and documents, receipts and other records taken from the prized subscribers or furnished by the foreman as a subscriber and all chit records, including books of account, pass books, balance sheet and profit and loss accounts and such other records as may show the actual financial position of the chit.

section 45. of the chit funds act : all the records pertaining to a chit shall be kept by the foreman for a period of eight years from the date of termination of the chit.

section 46. of the chit funds act : 1 without prejudice to the provisions of sections 209 and 209a of the companies act, 1 of , the registrar or an officer authorised by the state government in this behalf may inspect chit books and all the records of a chit during working hours on any working day at the premises of the foreman with or without giving notice and it shall be the duty of every foreman to produce to the registrar or the officer so authorised, all such books and records as are in his custody or power and to furnish him with any statement or information relating to the chits as he may require from the foreman within such time as he may specify. 2 the registrar or an officer authorised by the state government in this behalf may, after giving seven days notice in writing to the foreman, direct him to produce before him for inspection such chit books and records as he may require at the time and place mentioned in the notice. 3 if on an inspection made under subsection 1 or subsection 2, any defects are found, the registrar may bring such defects to the notice of the foreman and may also make an order directing the foreman to take such action as may be specified in the order to remedy the defects within the time specified therein. 4 every foreman shall be bound to comply with the directions contained in an order made under subsection 3.

section 47. of the chit funds act : 1 nothing in section 46 shall be deemed to affect the power of the reserve bank to inspect the books and records of any foreman under the provisions of section 45n of the reserve bank of india act, 2 of . 2 the reserve bank may, if it considers necessary, forward a copy of its report or of any part of its report on the inspection of the books and records of a foreman to the foreman for taking necessary action. 3 every foreman shall, on receipt of the report or part thereof under subsection 2, be bound to comply with the directions, if any, given by the reserve bank in this behalf and shall, if so required, submit periodical reports in regard to the action taken by him. 4 the reserve bank may also forward a copy of the report on the inspection of the books and records of a foreman to the state government within whose jurisdiction the registered office of the company, if the foreman is a company, or the place or the principal place of business of the foreman in any other case, is situated for such action as may be considered necessary.

section 48. of the chit funds act : a chit may be wound up by the registrar within whose territorial jurisdiction the chit has been registered, either on his own motion or on an application made by any nonprized or unpaid prized subscriber, a if the chit has terminated under clause c of section 40 or b if the foreman commits any such act in respect of the security specified in section 20 as is calculated to impair materially the nature of the security or the value thereof or c if he fails to deposit any amount required to be deposited under any of the provisions of this act or d if it is proved to the satisfaction of the registrar that the foreman is unable to pay the amounts due to the subscribers or e if the execution or other process issued on an order passed by the registrar in favour of any subscriber in respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part or f if it is proved that there has been a fraud or collusion on the part of the foreman in the matter of taking securities from any prized subscriber or g if the foreman has appropriated the 1net chit amount in his capacity as a subscriber without furnishing sufficient security for future subscriptions or h if the registrar is satisfied that the affairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers or i if it is just and equitable that the chit should be wound up. explanation. for the purposes of clause d, in determining whether the foreman is unable to pay the amounts due to the subscribers, the registrar shall take into account his contingent and future liabilities in respect of the chit. 1. subs. by act 41 of , s. 3, for prize amount w.e.f. .

section 53. of the chit funds act : the registrar may, after hearing an application under this chapter, dismiss it with or without costs, or adjourn the hearing conditionally or unconditionally or make an interim or any other order that he deems fit.

section 49. of the chit funds act : an application for the winding up of a chit shall be made by a petition presented by any nonprized or unpaid prized subscriber to the registrar signed and verified in the manner laid down by the code of civil procedure, 5 of , and shall contain such particulars as may be prescribed: provided that no application for the winding up of a chit under clause d or clause i of section 48 shall lie unless such application is presented, a by nonprized and unpaid prized subscribers representing not less than twentyfive per cent. of the amount or, as the case may be, the value of the grain subscribed by all the nonprized and unpaid prized subscribers, if any or b with the previous sanction of the state government within whose jurisdiction the chit is commenced or conducted. explanation. for the purposes of clause a, of the proviso, a subscriber of a fraction of a ticket shall be deemed to be a subscriber only to the extent of such fraction.

section 51. of the chit funds act : an order for the winding up of a chit shall operate in favour of all the subscribers to whom amounts are due from the foreman and it shall be deemed to have commenced from the date of the presentation of the application for the winding up.

section 55., to be stayed on winding up order. of the chit funds act : when a winding up order has been made or a receiver has been appointed, no suit or other legal proceedings shall be continued or commenced against the foreman by a subscriber for the realisation of amounts due to him in respect of the chit except with the leave of the registrar winding up the chit and on such terms as he may impose.

section 54. of the chit funds act : on the making of an order for the winding up of a chit, all the chit assets pertaining to such chit shall vest in the registrar or in any person appointed by him for distribution amongst the subscribers to whom amounts are due in respect of the chit.

section 56. of the chit funds act : on the making of a winding up order, the registrar shall make an entry in his book relating to the chit and shall notify in the official gazette that the order has been made.

section 52. of the chit funds act : the registrar may, on the application of the foreman or of any subscriber to whom amounts are due in respect of a chit, at any time after the presentation of the application for the winding up of the chit under this act and before the making of an order for the appointment of an interim receiver or for the winding up of the chit, restrain any other proceedings instituted against the foreman for the realisation of amounts due from him on such terms as the registrar thinks fit.

section 63. of the chit funds act : 1 there shall be paid to the registrar such fees as the state government may, from time to time, prescribe for, a the issue of previous sanction under section 4 b the filing of the chit agreement with the registrar and the registration of the chit under section 7 c the filing of a declaration with the registrar and the grant of a certificate of commencement under section 9 d the filing of copies of documents under any of the provisions of this act e the audit of the accounts of the foreman under section 61 f the inspection of documents under section 62 g the obtaining of certified copies or extracts of documents and records under section 62 and h such other matters as may appear necessary to the state government. 2 a table of fees prescribed under subsection 1 shall be exhibited on a notice board in the office of the registrar.

section 57., or the winding up of the company and transfer of such proceedings. of the chit funds act : where during the pendency of the proceedings for the winding up of a chit, the foreman is adjudicated an insolvent, or where the foreman is a firm, all the partners or all the partners except one thereof are adjudicated insolvents, or where the foreman is a company, the company has been ordered to be wound up by the court, the winding up proceedings under this chapter shall cease and the distribution of the chit assets shall, subject to the provisions of sections 43 and 52, be made by the insolvency court or the court winding up the company, as the case may be.

section 58. of the chit funds act : 1 where an application for the winding up of a chit is dismissed and the registrar is satisfied that the petition is frivolous or vexatious, he may, on the application of the foreman, award against the petitioner such amount, not exceeding one thousand rupees, as he deems reasonable as compensation to the foreman for the expenses or injury caused to him by the presentation of the application and the proceedings thereon, and such amount may be realised as if the award were a decree of a civil court. 2 on the making of an award under subsection 1, no suit for compensation in respect of an application for any winding up of the chit shall be entertained.

section 59. of the chit funds act : the foreman or any subscriber or any other person aggrieved by a decision or order of the registrar in any proceedings for the winding up of a chit may, within sixty days from the date of such decision or order, appeal to the state government.

section 60. of the chit funds act : 1 where an order refusing to wind up a chit has been made under this act, the chit shall be deemed to have been under suspension from the date of presentation of the application to the date of such order in respect of nonprized subscribers and, notwithstanding anything contained in the chit agreement, no nonprized subscriber who was not a defaulter on the date of the presentation of the petition for winding up, shall be deemed to be a defaulter on the date of such order. 2 where an order refusing to wind up a chit has been made under this act, in computing the period of limitation prescribed for any suit or other legal proceedings other than a suit or application in respect of which the leave of the court has been obtained which might have been brought or instituted, but for the presentation of the application for the winding up of the chit, the period from the date of the presentation of the application to the date of the order refusing to wind up a chit shall be excluded. 3 nothing contained in this chapter shall affect the rights of a subscriber to proceed against the foreman personally for the balance, if any, of the amount due to him after the declaration of the final 1share of discount in the proceedings for the winding up of the chit and in computing the period of limitation prescribed for any such proceedings, the period from the date of the presentation of the application for the winding up of the chit to the date of the declaration of the final 1share of discount shall be excluded. 1. subs. by act 41 of , s. 3, for dividend w.e.f. .

section 61. of the chit funds act : 1 the state government may, by notification in the official gazette, appoint a registrar of chits and as many additional, joint, deputy and assistant registrars as may be necessary for the purpose of discharging the duties imposed upon the registrar by or under this act. 2 the registrar may appoint as many inspectors of chits and chit auditors as may be necessary for the purpose of discharging the duties imposed on the inspectors of chits or chit auditors by or under this act. 3 all inspectors of chits and chit auditors shall discharge the duties imposed upon them by or under this act under the general superintendence and control of the registrar. 4 if the registrar is of the opinion that the accounts of any chit are not properly maintained and that such accounts should be audited, it shall be lawful for him to have such accounts audited by a chit auditor. 5 it shall be the duty of the foreman of the chit whose accounts are to be audited by a chit auditor under subsection 4 to produce before the chit auditor, all accounts, books and other records relating to the chit, to furnish him with such information as may be required and afford him all such assistance and facilities as may be necessary and reasonable in regard to the audit of the accounts of the chit. 6 the foreman shall pay to the chit auditor such fees as may be prescribed for the audit of the accounts of the chit under subsection 4: provided that different scales of fees may be prescribed for different chits depending on the quantum of the 1gross chit amount. 1. subs. by act 41 of , s. 3, for chit amount w.e.f. .

section 62. of the chit funds act : the foreman of a chit or any subscriber in a chit or the heirs or legal representatives of any foreman or subscriber may, on payment of such fees as may be prescribed, a inspect the documents of the concerned chit kept by the registrar or b obtain a certified copy or on extract of any such document or record.

section 64. of the chit funds act : 1 notwithstanding anything contained in any other law for the time being in force, any dispute touching the management of a chit business shall be referred by any of the parties to the dispute, to the registrar for arbitration if each party thereto is one or the other of the following, namely: a a foreman, a prized subscriber or a nonprized subscriber, including a defaulting subscriber, past subscriber or a person claiming through a subscriber, or a deceased subscriber to a chit b a surety of a subscriber, past subscriber, or a deceased subscriber. explanation. for the purposes of this subsection, a dispute touching the management of a chit business shall include i a claim by or against a foreman for any debt or demand due to him from a subscriber, or due from him to a subscriber, past subscriber or the nominee, heir or legal representative of a deceased subscriber whether such debt or demand is admitted or not ii a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a foreman and recovered from the surety owing to the default of the principal borrower, whether such sum or demand is admitted or not and iii a refusal or failure by a subscriber, past subscriber or the nominee, heir or legal representative of a deceased subscriber to deliver possession to a foreman of land or any other asset resumed by him for breach of conditions of the assignment. 2 where any question arises as to whether any matter referred to for the award of the registrar is a dispute or not for the purposes of subsection 1, the same shall be decided by the registrar whose decision thereon shall be final. 3 no civil court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in subsection 1.

section 71. of the chit funds act : every order passed by the registrar or the nominee under section 68 or section 69 and every order passed by the state government in appeal under section 70 for payment of any money shall, if not carried out, a on a certificate issued by the registrar, be deemed to be a decree of a civil court, and shall be executed in the same manner as a decree of such court, or b be executed in accordance with the provisions of any law for the time being in force for the recovery of amounts as arrears of land revenue: provided that no application for execution under clause b shall be made after the expiry of three years from the date fixed in the order, and if no such date is fixed, from the date of the order.

section 66. of the chit funds act : 1 if the registrar is satisfied that any matter referred to him or brought to his notice is a dispute within the meaning of section 64, he shall, subject to such rules as may be prescribed, settle the dispute himself, or refer it for disposal to a person appointed by him hereafter in this chapter referred to as the nominee. 2 where any dispute is referred under subsection 1 for settlement to the nominee, the registrar may, at any time for reasons to be recorded in writing, withdraw such dispute from the nominee and may settle the dispute himself, or refer it again for settlement to any other nominee appointed by him.

section 65. of the chit funds act : 1 notwithstanding anything contained in the limitation act, 36 of , but subject to the specific provisions contained in this act, the period of limitation in the case of a dispute referred to the registrar under section 64, shall a if the dispute relates to the recovery of any sum, including interest thereon, due to a foreman from a deceased subscriber, be three years, computed from the date on which such subscriber dies or ceases to be a subscriber or b if the dispute is between a foreman and a subscriber or a past subscriber, or the nominee, heir or legal representative of a deceased subscriber, and the dispute relates to any act or omission on the part of either party to the dispute, be three years from the date on which the act or omission with reference to which the dispute arose, took place. 2 the period of limitation in the case of any dispute other than those referred to in subsection 1 which are required to be referred to the registrar under section 64 shall be regulated by the provisions of the limitation act, 36 of , as if the dispute were a suit, and the registrar, a civil court. 3 notwithstanding anything contained in subsections 1 and 2, the registrar may admit a dispute after the expiry of the period of limitation specified therein, if the applicant satisfies the registrar that he had sufficient cause for not referring the dispute within such period.

section 72. of the chit funds act : any private transfer of delivery of, or encumbrance or charge on, property made or created after the issue of the certificate by the registrar under section 71 shall be null and void against the foreman on whose application the said certificate was issued.

section 67. of the chit funds act : 1 the registrar or the nominee hearing a dispute under section 66, shall, in addition to the powers conferred on him under that section, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and inspection of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commissions for the examination of witnesses or documents and f any other matter which may be prescribed. 2 except with the permission of the registrar or the nominee, no party shall be represented at the hearing of a dispute by a legal practitioner. 3 a if the registrar or the nominee is satisfied that any person, whether he is a subscriber or not, has acquired any interest in the property of a person who is a party to a dispute, he may order that the person who has acquired the interest in the property may be joined as a party to the dispute, and any decision that may be given by the registrar or the nominee on the dispute shall be binding on the party so joined, in the same manner as if he were an original party to the dispute. b where a dispute has been referred in the name of a wrong person, or where all the necessary parties have not been included, the registrar or the nominee may, if he is satisfied that it was due to a genuine mistake, order any other person to be substituted or added as parties to the dispute at any stage of hearing of the dispute on such terms as he thinks just. c the registrar or the nominee may, at any stage of the proceedings, either upon or without the application of either party and on such terms as may appear to the registrar or the nominee to be just, order that the name of any party improperly joined be struck off. d any person who is a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or any such reliefs, but if he omits to claim any such relief, he shall not be entitled to claim that relief, except with the leave of the registrar or the nominee.

section 68. of the chit funds act : 1 where a dispute has been referred under section 64 and the registrar or the nominee hearing the dispute is satisfied on enquiry or otherwise that a party to such dispute, with intent to defeat or obstruct the execution of any award or the carrying out of any order that may be made, a is about to dispose of the whole or any part of his property or b is about to remove the whole or any part of the property from the jurisdiction of the registrar, he may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if it is made by a competent civil court. 2 where the registrar or the nominee directs the attachment of any property under subsection 1, he shall issue a notice calling upon the person whose property is so attached to furnish such security as he thinks adequate within a specified period, and if the person fails to provide such security, the registrar or the nominee may confirm the order, and may, after the decision in the dispute, direct the disposal of the property so attached towards the claim, if awarded. 3 any attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property, of persons who are not parties to the dispute, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under the attachment of such decree. 4 the registrar or the nominee may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the award in a dispute referred to in subsection 1 as may appear to be just and convenient.

section 69. of the chit funds act : when a dispute is referred to arbitration under this chapter, the registrar or the nominee, may, after giving a reasonable opportunity to the parties to the dispute to be heard, make an award on the dispute, on the expenses incurred by the parties to the dispute in connection with the proceedings and the fees and expenses payable to the registrar or the nominee, and such an award shall not be invalid merely on the ground that it was made after the expiry of the period, if any, fixed for deciding the dispute by the registrar, and shall, subject to appeal under section 70, be final and binding on the parties to the dispute.

section 70. of the chit funds act : any party aggrieved by any order passed by the registrar or the nominee or the award of the registrar or the nominee under section 69, may, within two months from the date of the order or award, appeal to the state government. state amendments karnataka amendment of section 70.in the chit funds act, central act 40 of hereinafter referred to as the principal act, i section 70 shall be renumbered as subsection 1 thereof and in subsection 1 as so renumbered, after the words state government, the words or to such officer or authority, as may be empowered by notification by the state government, in that behalf shall be inserted ii after subsection 1 as so renumbered, the following shall be inserted, namely: 2 the state government or such officer or authority aforesaid may, after giving the appellant an opportunity of making his representation, pass such orders on the appeals as it or he thinks fit and such order shall be final. 3 all appeals pending before the state government, on such date of notification empowering such officer or authority, shall be transferred to such officer or authority and shall be disposed off as if it has been filed before such authority. vide karnataka act 2 of , s. 2.

section 73. of the chit funds act : the reserve bank may tender to any state government such advice on questions of policy with respect to this act as it thinks fit either on its own motion or on a request made by the state government.

section 78. of the chit funds act : a court imposing any fine under this act may direct that the whole or any part thereof shall be applied in, or towards payment of, the cost of the proceedings.

section 81. of the chit funds act : 1 subject to such conditions as may be prescribed, any officer empowered by the state government in this behalf may, either before or after the institution of criminal proceedings under this act, accept from the person who has committed or is reasonably suspected to have committed an offence under this act, by way of composition of such offence, a sum of money not exceeding such amount as may be prescribed. 2 where an offence has been compounded under subsection 1, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

section 76. of the chit funds act : 1 whoever contravenes or abets the contravention of any of the provisions of sections 4, 5, 8, 9, 11, 12, 13, 14, 19, 20, 22, 24, 30, 31, subsection 4 of section 33, sections 46, 47 or subsection 5 of section 61 shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both. 2 any foreman, a who fails to file any document required to be fied under this act within the period specified therefor or within such further time as may be allowed or b who fails to comply with the requirements of the chit agreement regarding the date, time and place at which the chit is to be drawn or who fails to comply with the requirements of any direction given under subsection 3 of section 38 or c who contravenes or fails to comply with any other requirement under this act, shall, on conviction, be punishable with fine which may extend to three thousand rupees. 3 whoever wilfully makes a statement in any document required to be filed under this act which is false in any material particular shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

section 75. of the chit funds act : the registrar may, in his discretion and upon an application in writing by a foreman made within the period specified for the filing of documents, under subsection 3 of section 28, subsection 2 of section 29, section 37 or section 41, allow the foreman further time not exceeding fifteen days to file copies of such documents.

section 82. of the chit funds act : 1 if the registrar or any other officer authorised by him in this behalf, has reason to suspect that any person conducts, or is responsible for the conduct of, a chit in any place in contravention of the provisions of this act, he may, for reasons to be recorded in writing and at any reasonable time, enter into and search such place, and may seize such books, registers, accounts or documents as may be necessary. 2 the registrar or officer authorised by him in this behalf, may apply for assistance to an officer in charge of a police station and take police officers to accompany and assist him in discharging his duties under subsection 1. 3 all searches under subsection 1 shall be made in accordance with the provisions of the code of criminal procedure, 2 of .

section 77. of the chit funds act : if any person convicted of an offence under subsection 1 or subsection 3 of section 76 is again convicted of an offence under any of the said subsections he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to two years and shall also be liable to fine.

section 80. of the chit funds act : 1 all offences under section 11 shall be cognizable. 2 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an offence punishable under this act.

section 79. of the chit funds act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer for the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm.

section 74. of the chit funds act : 1 any foreman aggrieved by the decision of the registrar, a refusing to register the chit agreement under section 7 b refusing to grant a certificate of commencement under subsection 2 of section 9 c refusing to accept any security under subsection 1 of section 20 or under section 31 or d refusing to release the security charged under section 20 or section 31, may, within thirty days of the communication to him of such decision, appeal to the state government or to such officer or authority as may be empowered by notification in the official gazette by the state government in that behalf. 2 any foreman or other person aggrieved by the order of the registrar under subsection 1 of section 34 may, within thirty days of the communication to him of such decision, appeal to the state government or to such officer or authority as may be empowered by notification in the official gazette by the state government in that behalf. 3 the state government or such officer or authority aforesaid may, after giving the appellant an opportunity of making his representation, pass such order on the appeal as it or he thinks fit and such order shall be final.

section 83. of the chit funds act : the registrar and all officers appointed by the state government to perform any functions under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 90. of the chit funds act : 1 the andhra pradesh chit funds act, andhra pradesh act 9 of , the kerala chitties act, kerala act 23 of , the maharashtra chit funds act, maharashtra act lv of , the tamil nadu chit funds act, tamil nadu act 24 of , as in force in the state of tamil nadu and in the union territories of chandigarh and delhi, the uttar pradesh chit funds act, uttar pradesh act 53 of , the goa, daman and diu chit funds act, goa, daman and diu act 16 of and the pondicherry chit funds act, pondicherry act 18 of , are hereby repealed and the provisions of section 6 of the general clauses act, 10 of , shall apply to such repeal as if each such act so repealed were a central act. 2 notwithstanding such repeal, the acts mentioned in subsection 1 shall continue to apply to chits in operation on the commencement of this act, in the same manner as they applied to such chits before such commencement.

section 84. of the chit funds act : the state government may, by notification in the official gazette, direct that any power other than the power to hear appeals or to make rules exercisable by it under this act or the rules made thereunder may be exercised also by any officer of the state government subject to such terms and conditions, if any, as may be specified therein. state amendments karnataka amendment of section 84.in section 84 of the principal act, the words to hear appeals or shall be omitted. vide karnataka act 2 of , s. 3.

section 86. of the chit funds act : 1 notwithstanding anything contained in this act, no bank shall commence or carry on chit business after the commencement of this act. 2 where a chit had been started by any bank before such commencement, such chit may be continued after such commencement until it is completed, and the provisions of the chit agreement and such laws, if any, as were applicable to it immediately before the commencement of this act shall apply to such chit. explanation. for the purposes of this section bank means an approved bank or a cooperative bank as defined in clause bii of section 2 of the reserve bank of india act, 2 of .

section 85. of the chit funds act : nothing in this act shall apply in respect of a any chit started before the commencement of this act or b any chit the amount of which, or where two or more chits were started or conducted simultaneously by the same foreman, the aggregate amount of which does not exceed 1such amount as may be specified, by notification in the official gazette, by the state goverment. 1. subs. by act 41 of , s. 9, for one hundred rupees w.e.f. .

section 89. of the chit funds act : 1 the state government may, in consultation with the reserve bank, by notification in the official gazette, make rules for giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and manner in which an application for obtaining the previous sanction may be made under subsection 2 of section 4 b the additional particulars that a chit agreement may contain under clause q of subsection 1 of section 6 c the particulars that may be included in the minutes of the proceedings of a draw under section 17 d the method of valuation by the registrar in a grain chit for the purpose of furnishing security under section 20 e the procedure that may be followed by the registrar in releasing the security furnished by the foreman under section 20 f the registers and books and the form in which such registers and books may be maintained by the foreman under section 23 g the time within which the balance sheet and the profit and loss account in respect of a chit business shall be filed under section 24 h the rate at which interest shall be payable on the defaulted instalments by a defaulted subscriber under section 28 i the particulars that may be included in an application for the winding up of chits under section 49 j the procedure to be followed for the winding up of chits under chapter x k the fees payable under section 63 l the auditing of balance sheets and the profit and loss accounts of chit business and the issue of audit certificates m the form and manner in which a dispute shall be referred to the registrar under section 64 n the procedure to be followed by the registrar or his nominee for settling the disputes referred to him under section 64 o the matters referred to in clause f of subsection 1 of section 67 p the conditions subject to which and the amount on the payment of which composition of offences may be made under section 81 q the form and manner in which an appeal may be preferred under this act and the fees payable for such appeal r the issue and service of notices or other process under this act s the procedure for, and the manner of, receiving any sum payable under this act t any other matter which is required to be or may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made before each house of the state legislature where it consists of two houses, or, where such legislature consists of one house before that house.

section 87. of the chit funds act : the state government may, in consultation with the reserve bank, by notification in the official gazette, and subject to such conditions as may be specified in the notification, exempt any person or class of persons or any chit or class of chits from all or any of the provisions of this act.

section 88. of the chit funds act : no suit, prosecution or other legal proceeding shall lie against the state government, the registrar or other officers of the state government or of the reserve bank or any of its officers exercising any powers or discharging any functions under this act in respect of anything which is in good faith done or intended to be done in pursuance of this act or the rules made thereunder.

section 8. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : on the vesting of the undertakings of the two specified companies in the central government, all persons in charge of the management of the undertakings immediately before such vesting, shall be bound to deliver to the central government all assets, books of account, registers or other documents in their custody relating to the undertakings.

The Chaparmukh-Silghat Railway Line and the Katakhal-Lalabazar Railway Line (Nationalisation) Act, 1982

section 1. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : this act may be called the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act, .

section 3. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : on the appointed day, the undertakings of each of the two specified companies and the right, title and interest of each of the two specified companies in relation to such undertakings shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 7. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : the amount referred to in clause i or clause ii of subsection 1 of section 6 as reduced by the deduction under that section, shall, if not paid to the company concerned before the expiry of the period specified in the said subsection, carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount as so reduced is made by the central government to that company: provided that if the amount as so reduced is tendered to the specified company but not accepted by it, no interest shall run from the date of such tender.

section 4. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 the undertakings of each specified company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, cheques, demand drafts, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the specified company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them, and any attachment, injunction, decree or order of any court restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 2, or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts payable under sections 6 and 7 to the specified company owning such property, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 4 any licence or other instrument granted to a specified company in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and, on and from the date of vesting of such undertaking under section 3 in the central government, that government shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to that government and that government shall hold it for the remainder of the period for which the specified company would have held it under the terms thereof.

section 5. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 every liability of a specified company in respect of any period prior to the appointed day, shall be the liability of the specified company and shall be enforceable against it and not against the central government. 2 for the removal of doubts, it is hereby declared that, a no liability of either of the two specified companies in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the central government b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two specified companies passed on or after the appointed day, in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the central government c no liability incurred by a specified company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government.

section 9., in their possession. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 any person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to any undertaking owned by a specified company which have vested in the central government and which belong to the specified company, or would have so belonged, if the undertakings owned by the specified company had not vested in the central government, shall be liable to account for the said assets, books, documents and other papers to the central government and shall deliver them up to the central government or to such person or persons as the central government may specify in this behalf. 2 the central government may take or cause to be taken all necessary steps for securing possession of the undertakings of the two specified companies which have vested in the central government under this act. 3 the two specified companies shall within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all their properties and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3 and, for this purpose, the central government shall afford to the two specified companies all reasonable facilities.

section 10. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 2. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : in this act, unless the context otherwise requires, a appointed day means the day on which this act comes into force b notification means a notification published in the official gazette c specified company means a company specified in clause d d two specified companies means, i the chaparmukhsilghat railway company limited, being a company as defined in the companies act, 1 of and having its registered office at 12, mission row, calcutta and ii the katakhallalabazar railway company limited, being a company as defined in the companies act, 1 of and having its registered office at mcleod house, 3, netaji subhash road, calcutta e undertakings means, i in relation to the chaparmukhsilghat railway company limited, the chaparmukhsilghat railway line and all other undertakings of that company relating to that railway line ii in relation to the katakhallalabazar railway company limited, the katakhallalabazar railway line and all other undertakings of that company relating to that railway line f words and expressions used herein and not defined but defined in the companies act, 1 of shall have the meanings respectively assigned to them in that act.

section 13. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer or other employee of that government or any officer or other person authorised by that government for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or any officer or other person authorised by that government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 15. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 for the transfer to, and vesting in, the central government, under section 3, of the right, title and interest of each of the two specified companies in relation to its undertakings, there shall be paid in cash by the central government, before the expiry of a period of three months from the appointed day, i to the chaparmukhsilghat railway company limited, an aggregate amount of rupees ten lakhs and fifty thousand and ii to the katakhallalabazar railway company limited, an aggregate amount of rupees nine lakhs. 2 notwithstanding anything contained in subsection 1, out of the amount referred to in clause i of that subsection, the central government shall deduct, in the first instance, any amount due from the chaparmukhsilghat railway company limited to that government and the liability of that company shall, to the extent of such deduction, stand discharged and such deduction shall have priority over all other debts, secured or unsecured. 3 notwithstanding anything contained in subsection 1, out of the amount referred to in clause ii of that subsection, the central government shall deduct, in the first instance, the amount due from the katakhallalabazar railway company limited in respect of the secured debentures issued by that company and shall pay the sums so deducted for the redemption of such debentures and the liability of that company in relation to the said debentures shall, to the extent of such deduction, stand discharged and such deduction shall have priority over all other debts, secured or unsecured.

section 11. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : any person who, a having in his possession, custody or control any property forming part of any undertaking of either of the two specified companies, wrongfully withholds such property from the central government or b wrongfully obtains possession of, or retains any property forming part of any undertaking of either of the two specified companies or c wilfully withholds or fails to furnish to the central government or any person or persons specified by that government any document relating to such undertaking, which may be in his possession, custody or control or d fails to deliver to the central government or any person or persons specified by that government, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of either of the two specified companies or e wrongfully removes or destroys any property forming part of any undertaking of either of the two specified companies or prefers any claim which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 16. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 12. offences by companies of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 where an offence under this act has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 14. of the chaparmukhsilghat railway line and the katakhallalabazar railway line nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 15 and 16 may also be exercised by such person or persons as may be specified in the said notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government

section 6a. of the information technology act : show related subordinates 1 6a. delivery of services by service provider.1 the appropriate government may, for the purposes of this chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other services as it may specify, by notification in the official gazette. explanation.for the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate government to offer services through electronic means in accordance with the policy governing such service sector. 2 the appropriate government may also authorise any service provider authorised under subsection 1 to collect, retain and appropriate such service charges, as may be prescribed by the appropriate government for the purpose of providing such services, from the person availing such service. 3 subject to the provisions of subsection 2, the appropriate government may authorise the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the act, rule, regulation or notification under which the service is provided to collect, retain and appropriate eservice charges by the service providers. 4 the appropriate government shall, by notification in the official gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: provided that the appropriate government may specify different scale of service charges for different types of services. 1. ins. by act 10 of , s. 7 w.e.f. .

section 5. of the information technology act : show related subordinates 5. legal recognition of 1 electronic signatures.where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of 1 electronic signature affixed in such manner as may be prescribed by the central government. explanation.for the purposes of this section, signed, with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression signature shall be construed accordingly. 1. subs. by act 10 of , s. 2, for digital signatures w.e.f. 27 10 .

section 4. of the information technology act : show related subordinates where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is a rendered or made available in an electronic form and b accessible so as to be usable for a subsequent reference.

section 6. of the information technology act : show related subordinates 6. use of electronic records and 1 electronic signatures in government and its agencies.1 where any law provides for a the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate government in a particular manner b the issue or grant of any licence, permit, sanction or approval by whatever name called in a particular manner c the receipt or payment of money in a particular manner, then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed by the appropriate government. 2 the appropriate government may, for the purposes of subsection 1, by rules, prescribe a the manner and format in which such electronic records shall be filed, created or issued b the manner or method of payment of any fee or charges for filing, creation or issue any electronic record under clause a. 1 subs. by act 10 of , s. 2, for digital signatures w.e.f. 27 10 .

section 1. of the information technology act : show related subordinates 1 this act may be called the information technology act, . 2 it shall extend to the whole of india and, save as otherwise provided in this act, it applies also to any offence or contravention thereunder committed outside india by any person. 3 it shall come into fo rce on such date 1 as the central government may, by notificati on, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision. 2 4 nothing in this act shall apply to documents or transactions specified in the first schedule: provided that the central government may, by notification in the official gazette, amend the first schedule by way of a ddition or deletion of entries thereto. 5 every notification issued under subsection 4 shall be laid before each house of parliament. 1 17 th october, , vide notification no. g.s.r. 788 e, dated 17 th october, , see gazette of india, extraordinary, part ii, sec. 3 ii . 2 subs. by act 10 of , s. 3, for sub section 4 w.e.f. 27 10 .

section 3. of the information technology act : 13. authentication of electronic records.1 subject to the provisions of this section any subscriber may authenticate an electronic record by affixing his digital signature. 2 the authentication of the electronic record shall be effected by the use of asymmetric crypto system and hash function which envelop and transform the initial electronic record into another electronic record. explanation.for the purposes of this subsection, hash function means an algorithm mapping or translation of one sequence of bits into another, generally smaller, set known as hash result such that an electronic record yields the same hash result every time the algorithm is executed with the same electronic record as its input making it computationally infeasible a to derive or reconstruct the original electronic record from the hash result produced by the algorithm b that two electronic records can produce the same hash result using the algorithm. 3 any person by the use of a public key of the subscriber can verify the electronic record. 4 the private key and the public key are unique to the subscriber and constitute a functioning key pair. 1. subs. by s. 5, ibid., for the heading digital signature w.e.f. .

section 9. of the information technology act : nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any ministry or department of the central government or the state government or any authority or body es tablished by or under any law or controlled or funded by the central or state government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

section 10. of the information technology act : 10. power to make rules by central government in respect of 1 electronic signature.the central government may, for the purposes of this act, by rules, prescribe a the type of 1 electronic signature b the manner and format in which the 1 electronic signature shall be affixed c the manner or procedure which facilitates identification of the person affixing the 1 electronic signature d control processes and procedures to ensure adequate integrity, security and confidentiality of electronic records or payments and e any other matter which is necessary to give legal effect to 1 electronic signatures. 1. subs. by act 10 of , s. 2, for digital signature w.e.f. .

section 2. of the information technology act : show related subordinates 1 in this act, unless the context otherwise requires, a access with its grammatical variations and cognate expressions means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network b addressee means a person who is intended by the originator to receive the electronic record but does not include any intermediary c adjudicating officer means an adjudicating officer appointed under subsection 1 of section 46 d affixing 1 electronic signature with its grammatical variations and cognate expressions means adoption of any methodology or procedure by a person for the purpose of authenticating an electronic record by means of digital signature 2 da appellate tribunal means the appellate tribunal referred to in subsection 1 of section 48 e appropriate government means as respects any matter, i enumerated in list ii of the seventh schedule to the constitution ii relating to any state law enacted under list iii of the seventh schedule to the constitution, the state government and in any other case, the central government f asymmetric crypto system means a system of a secure key pair consisting of a private key for creating a digital signature and a public key to verify the digital signature g certifying authority means a person who has been granted a licence to issue a 1 electronic signature certificate under section 24 h certification practice statement means a statement issued by a certifying authority to specify the practices that the certifying authority employs in issuing 1 electronic signature certificates 3 ha communication device means cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio or image i computer means any electronic, magnetic, optical or other highspeed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic, magnetic or optical impulses, and includes all input, output, processing, storage, computer software or communication facilities which are connected or related to the computer in a computer system or computer network 4 j computer network means the interconnection of one or more computers or computer systems or communication device through i the use of satellite, microwave, terrestrial line, wire, wireless or other communication media and ii terminals or a complex consisting of two or more interconnected computers or communication device whether or not the interconnection is continuously maintained k computer resource means computer, computer system, computer network, data, computer data base or software l computer system means a device or collection of devices, including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, which contain computer programmes, electronic instructions, input data and output data, that performs logic, arithmetic, data storage and retrieval, communication control and other functions m controller means the controller of certifying authorities appointed under subsection 1 of section 17 5 2 na cyber cafe means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public nb cyber security means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction o data means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form including computer printouts magnetic or optical storage media, punched cards, punched tapes or stored internally in the memory of the computer p digital signature means authentication of any electronic record by a subscriber by means of an electronic method or procedure in accordance with the provisions of section 3 q digital signature certificate means a digital signature certificate issued under subsection 4 of section 35 r electronic form with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device s electronic gazette means the official gazette published in the electronic form t electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche 6 ta electronic signature means authentication of any electronic record by a subscriber by means of the electronic technique specified in the second schedule and includes digital signature tb electronic signature certificate means an electronic signature certificate issued under section 35 and includes digital signature certificate u function, in relation to a computer, includes logic, control, arithmetical process, deletion, storage and retrieval and communication or telecommunication from or within a computer 6 ua indian computer emergency response team means an agency established under subsection 1 of section 70b v information includes 7 data, message, text, images, sound, voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche 8 w intermediary, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, webhosting service providers, search engines, online payment sites, onlineauction sites, onlinemarket places and cyber cafes x key pair, in an asymmetric crypto system, means a private key and its mathematically related public key, which are so related that the public key can verify a digital signature created by the private key y law includes any act of parliament or of a state legislature, ordinances promulgated by the president or a governor, as the case may be, regulations made by the president under article 240, bills enacted as presidents act under subclause a of clause 1 of article 357 of the constitution and includes rules, regulations, byelaws and orders issued or made thereunder z licence means a licence granted to a certifying authority under section 24 za originator means a person who sends, generates, stores or transmits any electronic message or causes any electronic message to be sent, generated, stored or transmitted to any other person but does not include an intermediary zb prescribed means prescribed by rules made under this act zc private key means the key of a key pair used to create a digital signature zd public key means the key of a key pair used to verify a digital signature and listed in the digital signature certificate ze secure system means computer hardware, software, and procedure that a are reasonably secure from unauthorised access and misuse b provide a reasonable level of reliability and correct operation c are reasonably suited to performing the intended functions and d adhere to generally accepted security procedures zf security procedure means the security procedure prescribed under section 16 by the central government zg subscriber means a person in whose name the 9 electronic signature certificate is issued zh verify, in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expressions, means to determine whether a the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber b the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature. 2 any reference in this act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. subs. by act 10 of , s. 2, for digital signature w.e.f. . 2. ins. by act 7 of , s. 169 w.e.f. . 3. ins. by act 10 of , s. 4, ibid. w.e.f. . 4. subs. by s. 4, ibid., for clause j w.e.f. . 5. clause n omitted by act 7 of , s.169 w.e.f. . 6. ins. by act 10 of , s. 4 w.e.f. . 7. subs. by s. 4, ibid., for data, text w.e.f. . 8. subs. by s. 4, ibid., for clause w w.e.f. . 9. subs. by act 10 of , s. 2, for digital signature w.e.f. .

section 3a. of the information technology act : show related subordinates 1 3a. electronic signature.1 notwithstanding anything contained in section 3, but subject to the provisions of subsection 2, a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which a is considered reliable and b may be specified in the second schedule. 2 for the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if a the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or, as the case may be, the authenticator and to no other person b the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person c any alteration to the electronic signature made after affixing such signature is detectable d any alteration to the information made after its authentication by electronic signature is detectable and e it fulfils such other conditions which may be prescribed. 3 the central government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated. 4 the central government may, by notification in the official gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the second schedule: provided that no electronic signature or authentication technique shall be specified in the second schedule unless such signature or technique is reliable. 5 every notification issued under subsection 4 shall be laid before each house of parliament. 1. ins. by s. 6, ibid. w.e.f. .

section 7. of the information technology act : 1 where any law provides that documents, records or information shall be retained for any specific period, then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form, if a the information contained therein remains accessible so as to be usable for a subsequent reference b the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received c the details which will facilitate the identification of the origin, destination, date and time of despatch or receipt of such electronic record are available in the electronic record: provided that this clause does not apply to any information which is automatically generated solely for the purpose of enabling an electronic record to be despatched or received. 2 nothing in this section shall apply to any law that expressly provides for the retention of documents, records or information in the form of electronic records.

section 7a., maintained in electronic form. of the information technology act : 1 7a. audit of documents, etc., maintained in electronic form.where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in the electronic form. 1. ins. by s. 8, ibid. w.e.f. .

section 10a. of the information technology act : 1 10a. validity of contracts formed through electronic means.where in a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals and acceptances, as the case may be, are expressed in electronic form or by means of an electronic records, such contract shall not be deemed to be unenforceable solely on the ground that such electronic form or means was used for that purpose. 1. ins. by s. 9, ibid. w.e.f. .

section 8., in electronic gazette. of the information technology act : show related subordinates where any law provides that any rule, regulation, order, byelaw, notification or any other matter shall be published in the official gazette, then, such requirement shall be deemed to have been satisfied if such rule, regulation, order, byelaw, notification or any other matter is published in the official gazette or electronic gazette: provided that where any rule, regulation, order, bylaw, notification or any other matter is published in the official gazette or electronic gazette, the date of publication shall be deemed to be the date of the gazette which was first published in any form.

section 11. of the information technology act : an electronic record shall be attributed to the originator a if it was sent by the originator himself b by a person who had the authority to act on behalf of the originator in respect of that electronic record or c by an information system programmed by or on behalf of the originator to operate automatically

section 18. of the information technology act : the controller may perform all or any of the following functions, namely: a exercising supervision over the activities of the certifying authorities b certifying public keys of the certifying authorities c laying down the standards to be maintained by the certifying authorities d specifying the qualifications and experience which employees of the certifying authority should possess e specifying the conditions subject to which the certifying authorities shall conduct their business f specifying the contents of written, printed or visual materials and advertisements that may be distributed or used in respect of a 1 electronic signature certificate and the public key g specifying the form and content of a 1 electronic signature certificate and the key h specifying the form and manner in which accounts shall be maintained by the certifying authorities i specifying the terms and conditions subject to which auditors may be appointed and the remuneration to be paid to them j facilitating the establishment of any electronic system by a certifying authority either solely or jointly with other certifying authorities and regulation of such systems k specifying the manner in which the certifying authorities shall conduct their dealings with the subscribers l resolving any conflict of interests between the certifying authorities and the subscribers m laying down the duties of the certifying authorities n maintaining a data base containing the disclosure record of every certifying authority containing such particulars as may be specified by regulations, which shall be accessible to public. 1. subs. by s. 2, ibid., for digital signature w.e.f.

section 12. of the information technology act : 1 where the originator has not 1 stipulated that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by a any communication by the addressee, automated or otherwise or b any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. 2 where the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the electronic record shall he deemed to have been never sent by the originator. 3 where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed to within a reasonable time, then the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent. 1. subs. by s. 10, ibid., for agreed with the addressee w.e.f. .

section 13. of the information technology act : 1 save as otherwise agreed to between the originator and the addressee, the despatch of an electronic record occurs when it enters a computer resource outside the control of the originator. 2 save as otherwise agreed between the originator and the addressee, the time of receipt of an electronic record shall be determined as follows, namely: a if the addressee has designated a computer resource for the purpose of receiving electronic records, i receipt occurs at the time when the electronic record enters the designated computer resource or ii if the electronic record is sent to a computer resource of the addressee that is not the designated computer resource, receipt occurs at the time when the electronic record is retrieved by the addressee b if the addressee has not designated a computer resource along with specified timings, if any, receipt occurs when the electronic record enters the computer resource of the addressee. 3 save as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be despatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business. 4 the provisions of subsection 2 shall apply notwithstanding that the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under subsection 3. 5 for the purposes of this section, a if the originator or the addressee has more than one place of business, the principal place of business, shall be the place of business b if the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business c usual place of residence, in relation to a body corporate, means the place where it is registered.

section 14. of the information technology act : show related subordinates where any security procedure has been applied to an electronic record at a specific point of time, then such record shall he deemed to be a secure electronic record from such point of time to the time of verification.

section 15. of the information technology act : 1 15. secure electronic signature.an electronic signature shall be deemed to be a secure electronic signature if i the signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person and ii the signature creation data was stored and affixed in such exclusive manner as may be prescribed. explanation.in case of digital signature, the signature creation data means the private key of the subscriber. 1subs. by s 11, ibid., for sections 15 and 16 w.e.f. .

section 16. of the information technology act : show related subordinates 116. security procedures and practices.the central government may, for the purposes of sections 14 and 15, prescribe the security procedures and practices: provided that in prescribing such security procedures and practices, the central government shall have regard to the commercial circumstances, nature of transactions and such other related factors as it may consider appropriate. 1. subs. by s 11, ibid., for sections 15 and 16 w.e.f. .

section 17. of the information technology act : show related subordinates 1 the central government may, by notification in the official gazette, appoint a controller of certifying authorities for the purposes of this act and may also by the same or subsequent notification appoint such number of deputy controllers 1 , assistant controllers, other officers and employees as it deems fit. 2 the controller shall discharge his functions under this act subject to the general control and directions of the central government. 3 the deputy controllers and assistant controllers shall perform the functions assigned to them by the controller under the general superintendence and control of the controller. 4 the qualifications, experience and terms and conditions of service of controller, deputy controllers 2 ,assistant controllers, other officers and employees shall be such as may be prescribed by the central government. 5 the head office and branch office of the office of the controller shall be at such places as the central government may specify, and these may be established at such places as the central government may think fit. 6 there shall be a seal of the office of the controller. 1subs. by s.12, ibid., for and assistant controllers w.e.f. . 2 subs. by act 10 of , s. 12, for assistant controllers w.e.f. .

section 19. of the information technology act : show related subordinates 1 subject to such conditions and restrictions as may be specified by regulations, the controller may with the previous approval of the central government, and by notification in the official gazette, recognise any foreign certifying authority as a certifying authority for the purposes of this act. 2 where any certifying authority is recognised under subsection 1, the 1 electronic signature certificate issued by such certifying authority shall be valid for the purposes of this act. 3 the controller may, if he is satisfied that any certifying authority has contravened any of the conditions and restrictions subject to which it was granted recognition under subsection 1 he may, for reasons to be recorded in writing, by notification in the official gazette, revoke such recognition. 1subs. by s. 2, ibid., for digital signature w.e.f.

section 26. of the information technology act : 1 where the licence of the certifying authority is suspended or revoked, the controller shall publish notice of such suspension or revocation, as the case may be, in the data base maintained by him. 2 where one or more repositories are specified, the controller shall publish notices of such suspension or revocation, as the case may be, in all such repositories: provided that the data base containing the notice of such suspension or revocation, as the case may be, shall be made available through a web site which shall be accessible round the clock: provided further that the controller may, if he considers necessary, publicise the contents of data base in such electronic or other media, as he may consider appropriate.

section 21. of the information technology act : 21. licence to issue 1 electronic signature certificates.1 subject to the provisions of subsection 2, any person may make an application, to the controller, for a licence to issue 1 electronic signature certificates. 2 no licence shall be issued under subsection 1, unless the applicant fulfils such requirements with respect to qualification, expertise, manpower, financial resources and other infrastructure facilities, which are necessary to issue 1 electronic signature certificates as may be prescribed by the central government. 3 a licence granted under this section shall a be valid for such period as may be prescribed by the central government b not be transferable or heritable c be subject to such terms and conditions as may be specified by the regulations. 1 subs. by act 10 of , s. 2, for digital signature w.e.f.

section 20.. of the information technology act : show related subordinates 20. controller to act as repository.omitted by the information technology amendment act, 10 of , s. 13 w.e.f. .

section 22. of the information technology act : 1 every application for issue of a licence shall be in such form as may be prescribed by the central government. 2 every application for issue of a licence shall be accompanied by a a certification practice statement b a statement including the procedures with respect to identification of the applicant c payment of such fees, not exceeding twentyfive thousand rupees as may be prescribed by the central government d such other documents, as may be prescribed by the central government.

section 27. of the information technology act : the controller may, in writing, authorise the deputy controller, assistant controller or any officer to exercise any of the powers of the controller under this chapter.

section 23. of the information technology act : an application for renewal of a licence shall be a in such form b accompanied by such fees, not exceeding five thousand rupees, as may be prescribed by the central government and shall be made not less than fortyfive days before the date of expiry of the period of validity of the licence.

section 29. of the information technology act : 1 without prejudice to the provisions of subsection 1 of section 69, the controller or any person authorised by him shall, if he has reasonable cause to suspect that 1 any contravention of the provisions of this chapter has been committed, have access to any computer system, any apparatus, data or any other material connected with such system, for the purpose of searching or causing a search to be made for obtaining any information or data contained in or available to such computer system. 2 for the purposes of subsection 1, the controller or any person authorised by him may, by order, direct any person in charge of, or otherwise concerned with the operation of, the computer system, data apparatus or material, to provide him with such reasonable technical and other assistance as he may consider necessary 1 subs. by s. 14, ibid., for any contravention of the provisions of this act, rules and regulations made thereunder w.e.f. .

section 25. of the information technology act : 1 the controller may, if he is satisfied after making such inquiry, as he may think fit, that a certifying authority has a made a statement in, or in relation to, the application for the issue or renewal of the licence, which is incorrect or false in material particulars b failed to comply with the terms and conditions subject to which the licence was granted 1 c failed to maintain the procedures and standards specified in section 30 d contravened any provisions of this act, rule, regulation or order made thereunder, revoke the licence: provided that no licence shall be revoked unless the certifying authority has been given a reasonable opportunity of showing cause against the proposed revocation. 2 the controller may, if he has reasonable cause to believe that there is any ground for revoking a licence under subsection 1, by order suspend such licence pending the completion of any enquiry ordered by him: provided that no licence shall be suspended for a period exceeding ten days unless the certifying authority has been given a reasonable opportunity of showing cause against the proposed suspension. 3 no certifying authority whose licence has been suspended shall issue any 2 electronic signature certificate during such suspension 1subs. by notification no. s.o. e w.e.f. 2 subs. by act 10 of , s. 2, for digital signature w.e.f.

section 24. of the information technology act : show related subordinates the controller may, on receipt of an application under subsection 1 of section 21, after considering the documents accompanying the application and such other factors, as he deems fit, grant the licence or reject the application: provided that no application shall be rejected under this section unless the applicant has been given a reasonable opportunity of presenting his case.

section 33. of the information technology act : 1 every certifying authority whose licence is suspended or revoked shall immediately after such suspension or revocation, surrender the licence to the controller. 2 where any certifying authority fails to surrender a licence under subsection 1, the person in whose favour a licence is issued, shall be guilty of an offence and shall be punished with imprisonment which may extend up to six months or a fine which may extend up to ten thousand rupees or with both

section 28. of the information technology act : 1 the controller or any officer authorised by him in this behalf shall take up for investigation any contravention of the provisions of this act, rules or regulations made thereunder. 2 the controller or any officer authorised by him in this behalf shall exercise the like powers which are conferred on incometax authorities under chapter xiii of the incometax act, 43 of , and shall exercise such powers, subject to such limitations laid down under that act.

section 36. of the information technology act : a certifying authority while issuing a digital signature certificate shall certify that a it has complied with the provisions of this act and the rules and regulations made thereunder b it has published the digital signature certificate or otherwise made it available to such person relying on it and the subscriber has accepted it c the subscriber holds the private key corresponding to the public key, listed in the digital signature certificate 1 ca the subscriber holds a private key which is capable of creating a digital signature cb the public key to be listed in the certificate can be used to verify a digital signature affixed by the private key held by the subscriber d the subscribers public key and private key constitute a functioning key pair e the information contained in the digital signature certificate is accurate and f it has no knowledge of any material fact, which if it had been included in the digital signature certificate would adversely affect the reliability of the representations in clauses a to d. 1 ins. by act 10 of , s. 18 w.e.f. .

section 30. of the information technology act : show related subordinates every certifying authority shall, a make use of hardware, software and procedures that are secure from intrusion and misuse b provide a reasonable level of reliability in its services which are reasonably suited to the performance of intended functions c adhere to security procedures to ensure that the secrecy and privacy of the 1 electronic signatures are assured 2 3 ca be the repository of all electronic signature certificates issued under this act cb publish information regarding its practices, electronic signature certificates and current status of such certificates and d observe such other standards as may be specified by regulations 1. subs. by act 10 of , s. 2, for digital signature w.e.f. . 2. the word and omitted by s. 15, ibid. w.e.f. . 3. ins. by s. 15, ibid. w.e.f. .

section 37. of the information technology act : 1 subject to the provisions of subsection 2, the certifying authority which has issued a digital signature certificate may suspend such digital signature certificate, a on receipt of a request to that effect from i the subscriber listed in the digital signature certificate or ii any person duly authorised to act on behalf of that subscriber b if it is of opinion that the digital signature certificate should be suspended in public interest. 2 a digital signature certificate shall not be suspended for a period exceeding fifteen days unless the subscriber has been given an opportunity of being heard in the matter. 3 on suspension of a digital signature certificate under this section, the certifying authority shall communicate the same to the subscriber.

section 31. of the information technology act : every certifying authority shall ensure that every person employed or otherwise engaged by it complies, in the course of his employment or engagement, with the provisions of this act, rules, regulations and orders made thereunder.

section 32. of the information technology act : every certifying authority shall display its licence at a conspicuous place of the premises in which it carries on its business.

section 38. of the information technology act : 1 a certifying authority may revoke a digital signature certificate issued by it a where the subscriber or any other person authorised by him makes a request to that effect or b upon the death of the subscriber or c upon the dissolution of the firm or winding up of the company where the subscriber is a firm or a company. 2 subject to the provisions of subsection 3 and without prejudice to the provisions of subsection 1, a certifying authority may revoke a digital signature certificate which has been issued by it at any time, if it is of opinion that a a material fact represented in the digital signature certificate is false or has been concealed b a requirement for issuance of the digital signature certificate was not satisfied c the certifying authoritys private key or security system was compromised in a manner materially affecting the digital signature certificates reliability d the subscriber has been declared insolvent or dead or where a subscriber is a firm or a company, which has been dissolved, woundup or otherwise ceased to exist. 3 a digital signature certificate shall not be revoked unless the subscriber has been given an opportunity of being heard in the matter. 4 on revocation of a digital signature certificate under this section, the certifying authority shall communicate the same to the subscriber.

section 34. of the information technology act : 1 every certifying authority shall disclose in the manner specified by regulations a its 1 electronic signature certificate 2 b any certification practice statement relevant thereto c notice of the revocation or suspension of its certifying authority certificate, if any and d any other fact that materially and adversely affects either the reliability of a 1 electronic signature certificate, which that authority has issued, or the authoritys ability to perform its services. 2 where in the opinion of the certifying authority any event has occurred or any situation has arisen which may materially and adversely affect the integrity of its computer system or the conditions subject to which a 1 electronic signature certificate was granted, then, the certifying authority shall a use reasonable efforts to notify any person who is likely to be affected by that occurrence or b act in accordance with the procedure specified in its certification practice statement to deal with such event or situation. 1subs. by act 10 of , s. 2, for digital signature w.e.f. . 2. certain words omitted by s. 16, ibid. w.e.f. .

section 35. of the information technology act : 35. certifying authority to issue 1electronic signature certificate.1 any person may make an application to the certifying authority for the issue of a 1electronic signature certificate in such form as may be prescribed by the central government. 2 every such application shall be accompanied by such fee not exceeding twentyfive thousand rupees as may be prescribed by the central government, to be paid to the certifying authority: provided that while prescribing fees under subsection 2 different fees may be prescribed for different classes of applicants. 3 every such application shall be accompanied by a certification practice statement or where there is no such statement, a statement containing such particulars, as may be specified by regulations. 4 on receipt of an application under subsection 1, the certifying authority may, after consideration of the certification practice statement or the other statement under subsection 3 and after making such enquiries as it may deem fit, grant the 1electronic signature certificate or for reasons to be recorded in writing, reject the application: 2 3provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of showing cause against the proposed rejection. 1. subs. by act 10 of , s. 2, for digital signature w.e.f. . 2. the first proviso omitted by s. 17, ibid. w.e.f. . 3. subs. by s. 17, ibid., for provided further w.e.f. .

section 39. of the information technology act : 1 where a digital signature certificate is suspended or revoked under section 37 or section 38, the certifying authority shall publish a notice of such suspension or revocation, as the case may be, in the repository specified in the digital signature certificate for publication of such notice. 2 where one or more repositories are specified, the certifying authority shall publish notices of such suspension or revocation, as the case may be, in all such repositories.

section 44. of the information technology act : if any person who is required under this act or any rules or regulations made thereunder to a furnish any document, return or report to the controller or the certifying authority fails to furnish the same, he shall be liable to a penalty not exceeding one lakh and fifty thousand rupees for each such failure b file any return or furnish any information, books or other documents within the time specified therefor in the regulations fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for every day during which such failure continues c maintain books of account or records, fails to maintain the same, he shall be liable to a penalty not exceeding ten thousand rupees for every day during which the failure continues.

section 40. of the information technology act : show related subordinates where any digital signature certificate the public key of which corresponds to the private key of that subscriber which is to be listed in the digital signature certificate has been accepted by a subscriber, 1 the subscriber shall generate 2 that key pair by applying the security procedure. 1. the word then omitted by notification no. s.o. e w.e.f. . 2. subs. ibid., for the key w.e.f. .

section 41. of the information technology act : 1 a subscriber shall be deemed to have accepted a digital signature certificate if he publishes or authorises the publication of a digital signature certificate a to one or more persons b in a repository or otherwise demonstrates his approval of the digital signature certificate in any manner. 2 by accepting a digital signature certificate the subscriber certifies to all who reasonably rely on the information contained in the digital signature certificate that a the subscriber holds the private key corresponding to the public key listed in the digital signature certificate and is entitled to hold the same b all representations made by the subscriber to the certifying authority and all material relevant to the information contained in the digital signature certificate are true c all information in the digital signature certificate that is within the knowledge of the subscriber is true.

section 40a. of the information technology act : 1 40a. duties of subscriber of electronic signature certificate.in respect of electronic signature certificate the subscriber shall perform such duties as may be prescribed. 1ins. by act 10 of , s. 19 w.e.f.

section 42. of the information technology act : show related subordinates 1 every subscriber shall exercise reasonable care to retain control of the private key corresponding to the public key listed in his digital signature certificate and take all steps to prevent its disclosure 1 2 if the private key corresponding to the public key listed in the digital signature certificate has been compromised, then, the subscriber shall communicate the same without any delay to the certifying authority in such manner as may be specified by the regulations. explanation.for the removal of doubts, it is hereby declared that the subscriber shall be liable till he has informed the certifying authority that the private key has been compromised. 1. the words to a person not authorised to affix the digital signature of the subscriber omitted by notification no. s.o.e w.e.f. .

section 43. of the information technology act : 143. 2 penalty and compensation for damage to computer, computer system, etc.if any person without permission of the owner or any other person who is in charge of a computer, computer system or computer network, a accesses or secures access to such computer, computer system or computer network 3 or computer resource b downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium c introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network d damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network e disrupts or causes disruption of any computer, computer system or computer network f denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means g provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this act, rules or regulations made thereunder h charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network 4 i destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means j steal, conceal, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage 5 he shall be liable to pay damages by way of compensation to the person so affected. explanation.for the purposes of this section, i computer contaminant means any set of computer instructions that are designed a to modify, destroy, record, transmit data or programme residing within a computer, computer system or computer network or b by any means to usurp the normal operation of the computer, computer system, or computer network ii computer database means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network iii computer virus means any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource iv damage means to destroy, alter, delete, add, modify or rearrange any computer resource by any means. 4 v computer source code means the listing of programme, computer commands, design and layout and programme analysis of computer resource in any form. 1subs. by act 10 of , s. 20, for penalties and adjudication w.e.f. . 2. subs. by s. 21, ibid., for penalty w.e.f. . 3. ins. by s. 21, ibid. w.e.f. . 4 ins. by act 10 of , s. 21 w.e.f. . 5subs. by s. 21, ibid., for certain words w.e.f. .

section 43a. of the information technology act : show related subordinates 1 43a. compensation for failure to protect data.where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected. explanation.for the purposes of this section, i body corporate means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities ii reasonable security practices and procedures means security practices and procedures designed to protect such information from unauthorised access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit iii sensitive personal data or information means such personal information as may be prescribed by the central government in consultation with such professional bodies or associations as it may deem fit. 1 ins. by s. 22, ibid. w.e.f. .

section 45. of the information technology act : whoever contravenes any rules or regulations made under this act, for the contravention of which no penalty has been separately provided, shall be liable to pay a compensation not exceeding twentyfive thousand rupees to the person affected by such contravention or a penalty not exceeding twentyfive thousand rupees.

section 52.. of the information technology act : show related subordinates 152. salary, allowances and other terms and conditions of service of chairperson and members.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 47. of the information technology act : while adjudging the quantum of compensation under this chapter, the adjudicating officer shall have due regard to the following factors, namely: a the amount of gain of unfair advantage, wherever quantifiable, made as a result of the default b the amount of loss caused to any person as a result of the default c the repetitive nature of the default.

section 46. of the information technology act : show related subordinates 1 for the purpose of adjudging under this chapter whether any person has committed a contravention of any of the provisions of this act or of any rule, regulation, 1 direction or order made thereunder which renders him liable to pay penalty or compensation, the central government shall, subject to the provisions of subsection 3, appoint any officer not below the rank of a director to the government of india or an equivalent officer of a state government to be an adjudicating officer for holding an inquiry in the manner prescribed by the central government. 2 1a the adjudicating officer appointed under subsection 1 shall exercise jurisdiction to adjudicate matters in which the claim for injury or damage does not exceed rupees five crore: provided that the jurisdiction in respect of the claim for injury or damage exceeding rupees five crores shall vest with the competent court. 2 the adjudicating officer shall, after giving the person referred to in subsection 1 a reasonable opportunity for making representation in the matter and if, on such inquiry, he is satisfied that the person has committed the contravention, he may impose such penalty or award such compensation as he thinks fit in accordance with the provisions of that section. 3 no person shall be appointed as an adjudicating officer unless he possesses such experience in the field of information technology and legal or judicial experience as may be prescribed by the central government. 4 where more than one adjudicating officers are appointed, the central government shall specify by order the matters and places with respect to which such officers shall exercise their jurisdiction. 5 every adjudicating officer shall have the powers of a civil court which are conferred on the appellate tribunal under subsection 2 of section 58, and a all proceedings before it shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of b shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of 3 c shall be deemed to be a civil court for purposes of order xxi of the civil procedure code, 5 of . 1subs. by act 10 of , s. 23, for direction or order made thereunder w.e.f. . 2 ins. by s. 23, ibid. w.e.f. . 3ins. by act 10 of , s. 23 w.e.f. .

section 48. of the information technology act : 48.2appellate tribunal. 31 the telecom disputes settlement and appellate tribunal established under section 14 of the telecom regulatory authority of india act, 24 of , shall, on and from the commencement of part xiv of chapter vi of the finance act, 7 of , be the appellate tribunal for the purposes of this act and the said appellate tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this act. 2 the central government 4shall specify, by notification the matters and places in relation to which the 1appellate tribunal may exercise jurisdiction. 1 subs. by act 7 of , s. 169, for cyber appellate tribunal w.e.f. 2. subs. by s. 169, ibid., for establishment of appellate tribunal w.e.f. . 3. subs. by s. 169, ibid., for subsection 1 w.e.f. . 4. subs. by s. 169, ibid., for shall also specify, in the notification referred to in subsection 1 w.e.f.

section 49.. of the information technology act : 1 49. composition of cyber appellate tribunal. omitted by the finance act, 7 of , s. 169 w.e.f. . 1 subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 50.. of the information technology act : 150. qualifications for appointment as chairperson and members of cyber appellate tribunal.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 51.. of the information technology act : 151. term of office, conditions of service, etc., of chairperson and members.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 52a.. of the information technology act : show related subordinates 152a. powers of superintendence, direction, etc.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 56.. of the information technology act : 56. staff of the cyber appellate tribunal.omitted by the finance act, 7 of , s. 169 w.e.f. .

section 52b.. of the information technology act : 152b. distribution of business among benches.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 52c.. of the information technology act : 152c. power of chairperson to transfer cases.omitted by s. 169, ibid. w.e.f. . 1. subs. by act 10 of , s. 26, for sections 49 to 52 w.e.f. .

section 52d. of the information technology act : if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the 1appellate tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it. 1 subs. by act 7 of , s. 169, for cyber appellate tribunal w.e.f.

section 53.. of the information technology act : 53. filling up of vacancies. omitted by the finance act, 7 of , s. 169 w.e.f. .

section 54.. of the information technology act : show related subordinates 54. resignation and removal.omitted by s. 169, ibid. w.e.f. .

section 60. of the information technology act : the provisions of the limitation act, 36 of , shall, as far as may be, apply to an appeal made to the 1 appellate tribunal. 1subs. by act 7 of , s, 169, for cyber appellate tribunal w.e.f.

section 55. of the information technology act : no order of the central government appointing any person as the 2 chairperson or the member of a 1 appellate tribunal shall be called in question in any manner and no act or proceeding before a 3 appellate tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a 3 appellate tribunal. 1 subs. by act 7 of , s. 169, for cyber appellate tribunal w.e.f. . 2 subs. by s. 29, ibid., for presiding officer w.e.f. . 3 subs. by act 7 of , s, 169, for cyber appellate tribunal w.e.f. .

section 63. of the information technology act : show related subordinates 1 any contravention under this 1 act may, either before or after the institution of adjudication proceedings, be compounded by the controller or such other officer as may be specially authorised by him in this behalf or by the adjudicating officer, as the case may be, subject to such conditions as the controller or such other officer or the adjudicating officer may specify: provided that such sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed under this act for the contravention so compounded. 2 nothing in subsection 1 shall apply to a person who commits the same or similar contravention within a period of three years from the date on which the first contravention, committed by him, was compounded. explanation. for the purposes of this subsection, any second or subsequent contravention committed after the expiry of a period of three years from the date on which the contravention was previously compounded shall be deemed to be a first contravention. 3 where any contravention has been compounded under subsection 1, no proceeding or further proceeding, as the case may be, shall be taken against the person guilty of such contravention in respect of the contravention so compounded. 1 subs. by notification no. s.o. e w.e.f. .

section 57. of the information technology act : 57. appeal to 1 appellate tribunal.1 save as provided in subsection 2, any person aggrieved by an order made by controller or an adjudicating officer under this act may prefer an appeal to a 1 appellate tribunal having jurisdiction in the matter. 2 no appeal shall lie to the 1 appellate tribunal from an order made by an adjudicating officer with the consent of the parties. 3 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made by the controller or the adjudicating officer is received by the person aggrieved and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the 1 appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, the 1 appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the 1 appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned controller or adjudicating officer. 6 the appeal filed before the 1 appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1subs. by act 7 of , s, 169, for cyber appellate tribunal w.e.f.

section 58. of the information technology act : show related subordinates 1 the 1 appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the 1 appellate tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings. 2 the 1 appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents or other electronic records c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g any other matter which may be prescribed. 3 every proceeding before the 1appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of and the 1 appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1 subs. by act 7 of , s, 169, for cyber appellate tribunal w.e.f. .

section 65. of the information technology act : whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to two lakh rupees, or with both. explanation.for the purposes of this section, computer source code means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form

section 59. of the information technology act : the appellant may either appear in person or authorise one or more legal practitioners or any of its officers to present his or its case before the 1 appellate tribunal. 1subs. by act 7 of , s, 169, for cyber appellate tribunal w.e.f.

section 61. of the information technology act : no court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this act or the 1 appellate tribunal constituted under this act is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. subs. by act 7 of , s. 169, for cyber appellate tribunal w.e.f.

section 62. of the information technology act : any person aggrieved by any decision or order of the 60 appellate tribunal may file an appeal to the high court within sixty days from the date of communication of the decision or order of the 1 appellate tribunal to him on any question of fact or law arising out of such order: provided that the high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 1 subs. by act 7 of , s. 169, for cyber appellate tribunal w.e.f.

section 64. of the information technology act : 64. recovery of 1 penalty or compensation.a 2 penalty imposed or compensation awarded under this act, if it is not paid, shall he recovered as an arrear of land revenue and the licence or the 3 electronic signature certificate, as the case may be, shall be suspended till the penalty is paid. 1subs. by act 10 of , s. 31, for penalty w.e.f. . 2. subs. by s. 31, ibid., for penalty imposed w.e.f. . 3. subs. by s. 2, ibid., for digital signature w.e.f. .

section 66. of the information technology act : 1 66. computer related offences. if any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both. explanation.for the purposes of this section, a the word dishonestly shall have the meaning assigned to it in section 24 of the indian penal code 45 of b the word fraudulently shall have the meaning assigned to it in section 25 of the indian penal code 45 of . 1 subs. by s. 32, ibid., for sections 66 and 67 w.e.f. .

section 66a. of the information technology act : 1 66a. punishment for sending offensive messages through communication service, etc.any person who sends, by means of a computer resource or a communication device, a any information that is grossly offensive or has menacing character or b any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device c any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine. explanation.for the purposes of this section, terms electronic mail and electronic mail message means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message. 1. section 66a has been struck down by supreme courts order dated 24th march, in the shreya singhal vs. union of india, air sc. .

section 67. of the information technology act : show related subordinates whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

section 66b. of the information technology act : whoever dishonestly receive or retains any stolen computer resource or communication device knowing or having reason to believe the same to be stolen computer resource or communication device, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to rupees one lakh or with both.

section 67a., in electronic form. of the information technology act : whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.

section 66c. of the information technology act : whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.

section 66d. of the information technology act : whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.

section 66e. of the information technology act : whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. explanation.for the purposes of this section a transmit means to electronically send a visual image with the intent that it be viewed by a person or persons b capture, with respect to an image, means to videotape, photograph, film or record by any means c private area means the naked or undergarment clad genitals, pubic area, buttocks or female breast: d publishes means reproduction in the printed or electronic form and making it available for public e under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that i he or she could disrobe in privacy, without being concerned that an image of his private area was being captured or ii any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. . by corrigenda in gazette of india, extraordinary, part ii, section i, dated .

section 66f. of the information technology act : 1 whoever, a with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people by i denying or cause the denial of access to any person authorised to access computer resource or ii attempting to penetrate or access a computer resource without authorisation or exceeding authorised access or iii introducing or causing to introduce any computer contaminant, and by means of such conduct causes or is likely to cause death or injuries to persons or damage to or destruction of property or disrupts or knowing that it is likely to cause damage or disruption of supplies or services essential to the life of the community or adversely affect the critical information infrastructure specified under section 70 or b knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer data base that is restricted for reasons of the security of the state or foreign relations or any restricted information, data or computer data base, with reasons to believe that such information, data or computer data base so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, commits the offence of cyber terrorism. 2 whoever commits or conspires to commit cyber terrorism shall be punishable with imprisonment which may extend to imprisonment for life

section 67b., in electronic form. of the information technology act : whoever, a publishes or transmits or causes to be published or transmitted material in any electronic form which depicts children engaged in sexually explicit act or conduct or b creates text or digital images, collects, seeks, browses, downloads, advertises, promotes, exchanges or distributes material in any electronic form depicting children in obscene or indecent or sexually explicit manner or c cultivates, entices or induces children to online relationship with one or more children for and on sexually explicit act or in a manner that may offend a reasonable adult on the computer resource or d facilitates abusing children online, or e records in any electronic form own abuse or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: provided that provisions of section 67, section 67a and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form i the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern or ii which is kept or used for bona fide heritage or religious purposes. explanationfor the purposes of this section, children means a person who has not completed the age of 18 years.

section 70a. of the information technology act : show related subordinates 1 70a. national nodal agency.1 the central government may, by notification published in the official gazette, designate any organisation of the government as the national nodal agency in respect of critical information infrastructure protection 2 the national nodal agency designated under subsection 1 shall be responsible for all measures including research and development relating to protection of critical information infrastructure. 3 the manner of performing functions and duties of the agency referred to in subsection 1 shall be such as may be prescribed. 1 ins. by s. 36, ibid. w.e.f. .

section 67c. of the information technology act : show related subordinates 1 intermediary shall preserve and retain such information as may be specified for such duration and in such manner and format as the central government may prescribe. 2 any intermediary who intentionally or knowingly contravenes the provisions of subsection 1 shall be punished with an imprisonment for a term which may extend to three years and also be liable to fine.

section 68. of the information technology act : 1 the controller may, by order, direct a certifying authority or any employee of such authority to take such measures or cease carrying on such activities as specified in the order if those are necessary to ensure compliance with the provisions of this act, rules or any regulations made thereunder. 1 2 any person who intentionally or knowingly fails to comply with any order under subsection 1 shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or a fine not exceeding one lakh rupees or with both. 1 subs. by act 10 of , s. 33, for subsection 2 w.e.f.

section 69. of the information technology act : show related subordinates 1 69. power to issue directions for interception or monitoring or decryption of any information through any computer resource.1 where the central government or a state government or any of its officers specially authorised by the central government or the state government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of india, defence of india, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of subsection 2, for reasons to be recorded in writing, by order, direct any agency of the appropriate government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. 2 the procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed. 3 the subscriber or intermediary or any person incharge of the computer resource shall, when called upon by any agency referred to in subsection 1, extend all facilities and technical assistance to a provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information or b intercept, monitor, or decrypt the information, as the case may be or c provide information stored in computer resource. 4 the subscriber or intermediary or any person who fails to assist the agency referred to in subsection 3 shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. 1 subs. by s. 34, ibid., for section 69 w.e.f. .

section 69a. of the information technology act : show related subordinates 1 where the central government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of india, defence of india, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of subsection 2, for reasons to be recorded in writing, by order, direct any agency of the government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource. 2 the procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed. 3 the intermediary who fails to comply with the direction issued under subsection 1 shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.

section 69b. of the information technology act : show related subordinates 1 the central government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the official gazette, authorise any agency of the government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. 2 the intermediary or any person incharge or the computer resource shall, when called upon by the agency which has been authorised under subsection 1, provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information. 3 the procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed. 4 any intermediary who intentionally or knowingly contravenes the provisions of subsection 2 shall be punished with an imprisonment for a term which any extend to three years and shall also be liable to fine. explanation.for the purposes of this section, i computer contaminant shall have the meaning assigned to it in section 43 ii traffic data means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, data, size, duration or type of underlying service and any other information.

section 70. of the information technology act : show related subordinates 1 1 the appropriate government may, by notification in the official gazette, declare any computer resource which directly or indirectly affects the facility of critical information infrastructure, to be a protected system. explanation.for the purposes of this section, critical information infrastructure means the computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety. 2 the appropriate government may, by order in writing, authorise the persons who are authorised to access protected systems notified under subsection 1. 3 any person who secures access or attempts to secure access to a protected system in contravention of the provisions of this section shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. 2 4 the central government shall prescribe the information security practices and procedures for such protected system. 1 subs. by act 10 of , s. 35, for subsection 1 w.e.f. . 2 ins. by s. 35, ibid. w.e.f.

section 70b. of the information technology act : show related subordinates 170b. indian computer emergency response team to serve as national agency for incident response.1 the central government shall, by notification in the official gazette, appoint an agency of the government to be called the indian computer emergency response team. 2 the central government shall provide the agency referred to in subsection 1 with a director general and such other officers and employees as may be prescribed. 3 the salary and allowances and terms and conditions of the directorgeneral and other officers and employees shall be such as may be prescribed. 4 the indian computer emergency response team shall serve as the national agency for performing the following functions in the area of cyber security, a collection, analysis and dissemination of information on cyber incidents b forecast and alerts of cyber security incidents c emergency measures for handling cyber security incidents d coordination of cyber incidents response activities e issue guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, preventation, response and reporting of cyber incidents f such other functions relating to cyber security as may be prescribed. 5 the manner of performing functions and duties of the agency referred to in subsection 1 shall be such as may be prescribed. 6 for carrying out the provisions of subsection 4, the agency referred to in subsection 1 may call for information and give direction to the service providers, intermediaries, data centres, body corporate and any other person. 7 any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under subsection 6, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both. 8 no court shall take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in subsection 1. 1. ins. by s. 36, ibid. w.e.f. .

section 72. of the information technology act : save as otherwise provided in this act or any other law for the time being in force, if any person who, in pursuance of any of the powers conferred under this act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

section 71. of the information technology act : whoever makes any misrepresentation to, or suppresses any material fact from the controller or the certifying authority for obtaining any licence or 1 electronic signature certificate, as the case may be, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. 1subs. by act 10 of , s. 2, for digital signature w.e.f. .

section 76. of the information technology act : any computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, in respect of which any provision of this act, rules, orders or regulations made thereunder has been or is being contravened, shall be liable to confiscation: provided that where it is established to the satisfaction of the court adjudicating the confiscation that the person in whose possession, power or control of any such computer, computer system, floppies, compact disks, tape drives or any other accessories relating thereto is found is not responsible for the contravention of the provisions of this act, rules, orders or regulations made thereunder, the court may, instead of making an order for confiscation of such computer, computer system, floppies, compact disks, tape drives or any other accessories related thereto, make such other order authorised by this act against the person contravening of the provisions of this act, rules, orders or regulations made thereunder as it may think fit.

section 72a. of the information technology act : 1 72a. punishment for disclosure of information in breach of lawful contract. save as otherwise provided in this act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both. 1 ins. by s. 37, ibid. w.e.f. .

section 73. of the information technology act : 73. penalty for publishing 1electronic signature certificate false in certain particulars.1 no person shall publish a 1electronic signature certificate or otherwise make it available to any other person with the knowledge that a the certifying authority listed in the certificate has not issued it or b the subscriber listed in the certificate has not accepted it or c the certificate has been revoked or suspended, unless such publication is for the purpose of verifying a 1electronic signature created prior to such suspension or revocation. 2 any person who contravenes the provisions of subsection 1 shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. 1.subs. by act 10 of , s. 38, for section 77 w.e.f. .

section 74. of the information technology act : whoever knowingly creates, publishes or otherwise makes available a 1 electronic signature certificate for any fraudulent or unlawful purpose shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both. 1subs. by act 10 of , s. 38, for section 77 w.e.f. .

section 75. of the information technology act : 1 subject to the provisions of subsection 2, the provisions of this act shall apply also to any offence or contravention committed outside india by any person irrespective of his nationality. 2 for the purposes of subsection 1, this act shall apply to an offence or contravention committed outside india by any person if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in india.

section 81. of the information technology act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 1 provided that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act, 14 of or the patents act, 39 of . 1ins. by s. 42, ibid. w.e.f.

section 77. of the information technology act : 1 77. compensation, penalties or confiscation not to interfere with other punishment.no compensation awarded, penalty imposed or confiscation made under this act shall prevent the award of compensation or imposition of any other penalty or punishment under any other law for the time being in force. 1. subs. by act 10 of , s. 38, for section 77 w.e.f. .

section 77a. of the information technology act : 177a. compounding of offences.a court of competent jurisdiction may compound offences, other than offences for which the punishment for life or imprisonment for a term exceeding three years has been provided, under this act: provided that the court shall not compound such offence where the accused is, by reason of his previous conviction, liable to either enhanced punishment or to a punishment of a different kind: provided further that the court shall not compound any offence where such offence affects the socio economic conditions of the country or has been committed against a child below the age of 18 years or a woman. 2 the person accused of an offence under this act may file an application for compounding in the court in which offence is pending for trial and the provisions of sections 265b and 265c of the code of criminal procedure, 2 of shall apply. 1. subs. by act 10 of , s. 38, for section 77 w.e.f. .

section 80. of the information technology act : 1 notwithstanding anything contained in the code of criminal procedure, 2 of , any police officer, not below the rank of a 1 inspector, or any other officer of the central government or a state government authorised by the central government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this act. explanation. for the purposes of this subsection, the expression public place includes any public conveyance, any hotel, any shop or any other place intended for use by, or accessible to the public. 2 where any person is arrested under subsection 1 by an officer other than a police officer, such officer shall, without unnecessary delay, take or send the person arrested before a magistrate having jurisdiction in the case or before the officerincharge of a police station. 3 the provisions of the code of criminal procedure, 2 of shall, subject to the provisions of this section, apply, so far as may be, in relation to any entry, search or arrest, made under this section. 1 subs. by act 10 of , s. 41, for deputy superintendent of police w.e.f. .

section 81a. of the information technology act : 1 81a. application of the act to electronic cheque and truncated cheque.1 the provisions of this act, for the time being in force, shall apply to, or in relation to, electronic cheques and the truncated cheques subject to such modifications and amendments as may be necessary for carrying out the purposes of the negotiable instruments act, 26 of by the central government, in consultation with the reserve bank of india, by notification in the official gazette. 2 every notification made by the central government under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. explanation. for the purposes of this act, the expressions electronic cheque and truncated cheque shall have the same meaning as assigned to them in section 6 of the negotiable instruments act, 26 of . 1 ins. by act 55 of , s. 13 w.e.f. .

section 78. of the information technology act : notwithstanding anything contained in the code of criminal procedure, 2 of , a police officer not below the rank of 1 inspector shall investigate any offence under this act. 1 subs. by act 10 of , s. 39, for deputy superintendent of police w.e.f.

section 77b. of the information technology act : 177b. offences with three years imprisonment to be bailable.notwithstanding anything contained in the code of criminal procedure, 2 of , the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with imprisonment of three years shall be bailable. 1. subs. by act 10 of , s. 38, for section 77 w.e.f. .

section 79a. of the information technology act : show related subordinates 79a. central government to notify examiner of electronic evidence.the central government may, for the purposes of providing expert opinion on electronic form evidence before any court or other authority specify, by notification in the official gazette, any department, body or agency of the central government or a state government as an examiner of electronic evidence. explanation.for the purposes of this section, electronic form evidence means any information of probative value that is either stored or transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones, digital fax machines. 1. subs. by, s. 40, ibid., for chapter xii w.e.f. .

section 79. of the information technology act : show related subordinates 179. exemption from liability of intermediary in certain cases.1 notwithstanding anything contained in any law for the time being in force but subject to the provisions of subsections 2 and 3, an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him. 2 the provisions of subsection 1 shall apply if a the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted or b the intermediary does not i initiate the transmission, ii select the receiver of the transmission, and iii select or modify the information contained in the transmission c the intermediary observes due diligence while discharging his duties under this act and also observes such other guidelines as the central government may prescribe in this behalf. 3 the provisions of subsection 1 shall not apply if a the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act b upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. explanation. for the purposes of this section, the expression third party information means any information dealt with by an intermediary in his capacity as an intermediary. 1. subs. by, s. 40, ibid., for chapter xii w.e.f. .

section 86. of the information technology act : show related subordinates 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 83. of the information technology act : the central government may give directions to any state government as to the carrying into execution in the state of any of the provisions of this act or of any rule, regulation or order made thereunder.

section 82. of the information technology act : 1 82. controller, deputy controller and assistant controller to be public servants. the controller, the deputy controller and the assistant controllers shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1 subs. by 7 of , s. 169, for section 82 w.e.f.

section 85. of the information technology act : 1 where a person committing a contravention of any of the provisions of this act or of any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. 2 notwithstanding anything contained in subsection 1, where a contravention of any of the provisions of this act or of any rule, direction or order made thereunder has been committed by a company and it is proved that the contravention has taken place with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, i company means any body corporate and includes a firm or other association of individuals and ii director, in relation to a firm, means a partner in the firm.

section 87. of the information technology act : show related subordinates 1 the central government may, by notification in the official gazette and in the electronic gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1 a the conditions for considering reliability of electronic signature or electronic authentication technique under subsection 2 of section 3a aa the procedure for ascertaining electronic signature or authentication under subsection 3 of section 3a ab the manner in which any information or matter may be authenticated by means of electronic signature under section 5 b the electronic form in which filing, issue, grant or payment shall be effected under subsection 1 of section 6 c the manner and format in which electronic records shall be filed, or issued and the method of payment under subsection 2 of section 6 2 ca the manner in which the authorised service provider may collect, retain and appropriate service charges under subsection 2 of section 6a d the matters relating to the type of 3 electronic signature, manner and format in which it may be affixed under section 10 4 e the manner of storing and affixing electronic signature creation data under section 15 ea the security procedures and practices under section 16 f the qualifications, experience and terms and conditions of service of controller, deputy controllers 5 , assistant controllers, other officers and employees under section 17 6 h the requirements which an applicant must fulfil under subsection 2 of section 21 i the period of validity of licence granted under clause a of subsection 3 of section 21 j the form in which an application for licence may be made under subsection 1 of section 22 k the amount of fees payable under clause c of subsection 2 of section 22 l such other documents which shall accompany an application for licence under clause d of subsection 2 of section 22 m the form and the fee for renewal of a licence and the fee payable thereof under section 23 7 ma the form of application and fee for issue of electronic signature certificate under section 35 n the form in which application for issue of a 3 electronic signature certificate may be made under subsection 1 of section 35 o the fee to be paid to the certifying authority for issue of a 3 electronic signature certificate under subsection 2 of section 35 2 oa the duties of subscribers under section 40a ob the reasonable security practices and procedures and sensitive personal data or information under section 43a p the manner in which the adjudicating officer shall hold inquiry under subsection 1 of section 46 q the qualification and experience which the adjudicating officer shall possess under subsection 3 of section 46 8 u the form in which appeal may be filed and the fee thereof under subsection 3 of section 57 v any other power of a civil court required to be prescribed under clause g of subsection 2 of section 58 and 9 w the powers and functions of the chairperson of the 10 appellate tribunal under section 52a x the information, duration, manner and form of such information to be retained and preserved under section 67c y the procedures and safeguards for interception, monitoring or decryption under subsection 2 of section 69 z the procedures and safeguards for blocking for access by the public under subsection 3 of section 69 a za the procedure and safeguards for monitoring and collecting traffic data or information under subsection 3 of section 69b zb the information security practices and procedures for protected system under section 70 zc manner of performing functions and duties of the agency under subsection 3 of section 70a zd the officers and employees under subsection 2 of section 70b ze salaries and allowances and terms and conditions of service of the director general and other officers and employees under subsection 3 of section 70b zf the manner in which the functions and duties of agency shall be performed under subsection 5 of section 70b zg the guidelines to be observed by the intermediaries under subsection 2 of section 79 zh the modes or methods for encryption under section 84a. 3 11 every notification made by the central government under subsection 1 of section 70a and every rule made by it shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in 12 the rule or both houses agree that 12 the rule should not be made, 12 the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule. 1 subs. by s. 46, ibid., for clause a w.e.f. . 2. ins. by act 10 of , s. 46 w.e.f. . 3. subs. by s. 5, ibid., for digital signature w.e.f. . 4. subs. by s. 46, ibid., for clause e w.e.f. . 5. subs. by s. 46, ibid., for and assistant controllers w.e.f. . 6. clause g omitted by s. 46, ibid. w.e.f. . 7. ins. by s. 46, ibid. w.e.f. . 8. clauses r, s and t omitted by act 7 of , s. 169 w.e.f. . 9. subs. by act 10 of , s. 46, for clause w w.e.f. . 10. subs. by act 7 of , s. 169, for cyber appellate tribunalw.e.f. . 11. subs. by act 10 of , s. 46, for certain words, brackets, letter and figures w.e.f. . 12. the words the notification or omitted by s. 46, ibid. w.e.f. .

section 84a. of the information technology act : 1 84a. modes or methods for encryption.the central government may, for secure use of the electronic medium and for promotion of egovernance and ecommerce, prescribe the modes or methods for encryption. 1 ins. by 10 of , s. 45 w.e.f. .

section 84. of the information technology act : no suit, prosecution or other legal proceeding shall lie against the central government, the state government, the controller or any person acting on behalf of him, 1and adjudicating officer for anything which is in good faith done or intended to be done in pursuance of this act or any rule, regulation or order made thereunder. 1 subs. by s. 169, ibid., for the chairperson members, adjudicating officers and the staff of the cyber appellate tribunal w.e.f.

section 84b. of the information technology act : 184b. punishment for abetment of offences.whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be punished with the punishment provided for the offence under this act. explanation.an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. 1 ins. by 10 of , s. 45 w.e.f. .

section 89. of the information technology act : show related subordinates 1 the controller may, after consultation with the cyber regulations advisory committee and with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the particulars relating to maintenance of data base containing the disclosure record of every certifying authority under clause 1n of section 18 b the conditions and restrictions subject to which the controller may recognise any foreign certifying authority under subsection 1 of section 19 c the terms and conditions subject to which a licence may be granted under clause c of subsection 3 of section 21 d other standards to be observed by a certifying authority under clause d of section 30 e the manner in which the certifying authority shall disclose the matters specified in subsection 1 of section 34 f the particulars of statement which shall accompany an application under subsection 3 of section 35. g the manner by which the subscriber shall communicate the compromise of private key to the certifying authority under subsection 2 of section 42. 3 every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1 subs. by notification no. s.o. e, for m w.e.f. .

section 92.. of the information technology act : 92. amendment of act 1 of . omitted by s. 48, ibid. w.e.f. .

section 84c. of the information technology act : 184c. punishment for attempt to commit offences.whoever attempts to commit an offence punishable by this act or causes such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. 1. ins. by 10 of , s. 45 w.e.f. .

section 93.. of the information technology act : 93. amendment of act 18 of . omitted by s. 48, ibid. w.e.f. .

section 88. of the information technology act : show related subordinates 1 the central government shall, as soon as may be after the commencement of this act, constitute a committee called the cyber regulations advisory committee. 2 the cyber regulations advisory committee shall consist of a chairperson and such number of other official and nonofficial members representing the interests principally affected or having special knowledge of the subjectmatter as the central government may deem fit. 3 the cyber regulations advisory committee shall advise a the central government either generally as regards any rules or for any other purpose connected with this act b the controller in framing the regulations under this act. 4 there shall be paid to the nonofficial members of such committee such travelling and other allowances as the central government may fix.

section 94.. of the information technology act : 94. amendment of act 2 of . omitted by s. 48, ibid. w.e.f. .

section 90. of the information technology act : 1 the state government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the electronic form in which filing, issue, grant, receipt or payment shall be effected under subsection 1 of section 6 b for matters specified in subsection 2 of section 6 1 3 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house. 1. clause c omitted by act 10 of , s. 47 w.e.f. .

section 91.. of the information technology act : 91. amendment of act 45 of . omitted by the information technology amendment act, 10 of , s. 48 w.e.f. .

section 8.conveyance of the governors emoluments allowances and privileges act : 1 a governor shall be entitled to use without payment of rent or hire, such number of motor vehicles as the president may by order determine. 2 no charge shall fall on a governor personally in respect of the maintenance of the motor vehicles referred to in subsection 1. 3 the use of the motor vehicles referred to in subsection 1 by the members of the family of a governor shall be regulated by rules made in this behalf.

section 2. of the governors emoluments allowances and privileges act : in this act, unless the context otherwise requires, 1a exgovernor means a person who has been the governor of a state or two or more states aa governor means the governor, or any person discharging the functions of the governor, of any state or of two or more states b maintenance, i in relation to official residences, includes the provision of electricity, gas and water ii in relation to motor vehicles, includes the pay and allowances of chauffeurs and the provision of oil and petrol or other fuel c members of the family, in relation to a governor, means the 2spouse, dependent children and the dependent parents of the governor d official residences, in relation to a governor, means such residences as may be specified by the president, by notification in the official gazette, as the official residences of the governor and includes the staff quarters and other buildings appurtenant thereto and the gardens thereof e rules means rules made under this act f state does not include a union territory. 1 subs. by act 8 of , s. 2, for clause a w.e.f. . 2 subs. by act 1 of , s. 2, for spouse and the dependent children w.e.f. .

section 7.medical treatment of the governors emoluments allowances and privileges act : show related subordinates subject to any rules made in this behalf, a governor and the members of his family shall be entitled during the term of his office and thereafter also, to free medical attendance, accommodation and treatment in the hospitals maintained by the central government or the government of any state.

section 3. of the governors emoluments allowances and privileges act : there shall be paid to every governor emoluments at the rate of 1rupees 2three lakh fifty thousand permensem: provided that if a governor, at the time of his appointment, a is in receipt of a pension other than disability or wound pension in respect of any previous service under the government of india or any of its predecessor governments or under the government of a state or any of its predecessor governments his emoluments shall be reduced, i by the amount of that pension and ii if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension3or 4 b is in receipt of any benefit by way of contributory provident fund, his emoluments shall be reduced by the pension equivalent of such benefit. 1 subs. by s. 3, ibid., for rupees thirtysix thousand per mensem w.e.f.. 2 subs. by act 13 of , s 161, for one lakh ten thousand w.e.f . 3 subs. by act 1 of , s. 2, for and w.e.f. . 4. subclause iii omitted by s. 2, ibid. w.e.f. .

section 9.traveling allowance on assumption or vacation of office of the governors emoluments allowances and privileges act : subject to any rules made in this behalf, a governor shall be entitled to traveling allowance for himself and the members of his family and for the transport of his and his familys effects a in respect of the journey for assuming office from the place where he is ordinarily residing to the place of his duty and b in respect of the journey on relinquishing office from the place of his duty to the place where he would ordinarily reside thereafter or if he is to take up any other office under the government including the office of the governor of another state after such relinquishment, to the place of duty with respect to such other office.

section 1. of the governors emoluments allowances and privileges act : show related subordinates 1 this act may be called the governors emoluments, allowances and privileges act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2 1st april , vide notification no. g.s.r. 342e, dated 30th march, , see gazette of india, extraordinary, part ii, sec. 3i. rules notifications yeardescriptionfiles governors allowances and privileges rules. governors allowances and privileges amendment rules governors allowances and privileges amendment rules, yeardescriptionfiles the governorsallowances and privileges amendment rules,g.s.r. 517e

section 6. of the governors emoluments allowances and privileges act : show related subordinates subject to any rules made in this behalf, no charge shall fall on a governor personally in respect of pay, allowances or pension or other emoluments paid to, or facilities provided for, the members of the household establishment provided to the governor. rules yeardescriptionfiles governors allowances and privileges rules.

section 5. of the governors emoluments allowances and privileges act : a governor shall be entitled, without payment of rent, to the use of his official residences throughout his term of office and no charge shall fall on the governor personally in respect of the furnishing or the maintenance of such residences.

section 4. of the governors emoluments allowances and privileges act : show related subordinates 1 subject to any rules made in this behalf, the president shall grant such leave to a governor as he may consider necessary. 2 where a governor is granted leave by the president, he shall, during the period of such leave, be paid leave allowance at such rate as the president may by order determine: provided that such leave allowance shall be reduced to the extent, if any, to which the emoluments of the governor are liable to be reduced under the proviso to section 3. rules yeardescriptionfiles governors allowances and privileges rules.

section 10. of the governors emoluments allowances and privileges act : show related subordinates subject to any rules made in this behalf, a governor shall be entitled to such allowances for renewing the furnishings and for the maintenance of the official residences, as the president may by order determine.

section 11. of the governors emoluments allowances and privileges act : show related subordinates for the purpose of enabling a governor to discharge conveniently and with dignity the duties of his office, he shall be i entitled to such other privileges as may be prescribed by rules made in this behalf, and ii paid, subject to any rules made in this behalf, such amount, as the president may, by general or special order, determine by way of the following, namely: a entertainment allowance b hospitality grant c household establishment expenses d office expenses e contract allowance, i.e., an allowance for miscellaneous expenses f tour expenses and g such other allowances or expenses as may be provided for by rules. rules yeardescriptionfiles governors allowances and privileges rules.

section 12. additional expenses of the governors emoluments allowances and privileges act : 1 where, in the case of any governor, the president is satisfied that the amount authorised under this act by way of any allowances or for meeting any expenses with respect to any matter requires to be increased or that a need has arisen to sanction expenses with respect to any matter for which provision, though permissible, has not been made in the rules made under this act, he may by special order increase such amount or sanction such expenses to such extent as may be specified in such order. 2 an order may be made under subsection 1 so as to have retrospective effect. 3 every order made under this section shall be laid, as soon as may be after it is made, before both houses of parliament.

section 12a. of the governors emoluments allowances and privileges act : show related subordinates 112a. entitlement of exgovernor to secretarial assistance. subject to any rules made in this behalf, the exgovernor shall, for the remainder of his life, be entitled to secretarial assistance of one personal assistant on reimbursement basis: provided that where such exgovernor is reappointed to the office of the governor or elected to parliament or the state legislature or appointed to any office of profit under the union or a state government, he shall not be entitled for such secretarial assistance for the period during which he holds such office. 1 ins. by act 8 of , s. 3 w.e.f. .

section 15. of the governors emoluments allowances and privileges act : nothing contained in this act or the rules made thereunder shall have effect so as to diminish the emoluments and allowances of any governor during his term of office.

section 13. of the governors emoluments allowances and privileges act : show related subordinates 1 the president may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a grant of leave to a governor under section 4 b matters relating to the household establishment provided to a governor under section 6 c medical attendance, accommodation and treatment of a governor and the members of his family under section 7 d the use of motor vehicles by the members of the family of a governor under subsection 3 of section 8 e the travelling allowance on assumption or vacation of office of a governor under section 9 f allowance for renewing the furnishings and for the maintenance of the official residences under section 10 g the privileges to which a governor is entitled and the allowances or expenses payable to a governor under section 11 1h the manner of providing secretarial assistance and reimbursement under section 12a. 3 every rule made by the president under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 ins. by act 8 of , s. 4 w.e.f. .

section 14. of the governors emoluments allowances and privileges act : 1 every special order issued, before the commencement of this act, by the president in regard to the allowances, expenses including medical expenses or privileges of any governor other than the governor of nagaland shall, notwithstanding that such order was made with retrospective effect, or is inconsistent with any general order issued under any law with respect to those matters, be as valid and effective as if such special order formed part of this subsection and this subsection had been in force at all material times. 2 every general or special order issued, before the commencement of this act, by the president in regard to the allowances, expenses including medical expenses or privileges of the governor of nagaland shall, notwithstanding that such order was made with retrospective effect, be as valid and effective as if it formed part of this subsection and this subsection had been in force at all material times.

section 1. of the designs act : 1 this act may be called the designs act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act, and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1 11th may, , vide notification no. s.o. 414e, dated 11th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 8. of the designs act : 1 if the controller is satisfied on a claim made in the prescribed manner at any time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto or to the interest of the applicant therein, or to an undivided share of the design or of that interest, the controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require. 2 no such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design except with the consent of the other joint applicant or applicants. 3 no such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of a design unless a the design is identified therein by reference to the number of the application for the registration or b there is produced to the controller an acknowledgement by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in respect of which that application is made or c the rights of the claimant in respect of the design have been finally established by the decision of a court or d the controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under subsection 5. 4 where one of two or more joint applicants for registration of a design dies at any time before the design has been registered, the controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone. 5 if any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.

section 2. of the designs act : in this act, unless there is anything repugnant in the subject or context, a article means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of being made and sold separately b controller means the controllergeneral of patents, designs and trade marks referred to in section 3 c copyright means the exclusive right to apply a design to any article in any class in which the design is registered d design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause v of subsection 1 of section 2 of the trade and merchandise marks act, 43 of or property mark as defined in section 479 of the indian penal code 45 of or any artistic work as defined in clause c of section 2 of the copyright act, 14 of . e high court shall have the same meaning as assigned to it in clause i of section 2 of the patents act, 39 of f legal representative means a person who in law represents the estate of a deceased person g original, in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application h patent office means the patent office referred to in section 74 of the patents act, 39 of i prescribed means prescribed by rules made under this act j proprietor of a new or original design, i where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed ii where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired and iii in any other case, means the author of the design and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.

section 3. of the designs act : 1 the controllergeneral of patents, designs and trade marks appointed under subsection 1 of section 4 of the trade and merchandise marks act, 43 of shall be the controller of designs for the purposes of this act. 2 for the purposes of this act, the central government may appoint as many examiners and other officers with such designations as it thinks fit. 3 subject to the provisions of this act, the officers appointed under subsection 2 shall discharge under the superintendence and directions of the controller such functions of the controller under this act as he may, from time to time, by general or special order in writing, authorise them to discharge. 4 without prejudice to the generality of the provisions of subsection 3, the controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under subsection 2 and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under subsection 2 who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

section 6. of the designs act : 1 a design may be registered in respect of any or all of the articles comprised in a prescribed class of articles. 2 any question arising as to the class within which any article falls shall be determined by the controller whose decision in the matter shall be final. 3 where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated a on the ground of the design not being a new or original design, by reason only that it was so previously registered or b on the ground of the design having been previously published in india or in any other country, by reason only that it has been applied to article in respect of which it was previously registered: provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration. 4 where any person makes an application for the registration of a design in respect of any article and either a that design has been previously registered by another person in respect of some other article or b the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant, had been the registered proprietor of that design.

section 9. of the designs act : 1 the controller shall grant a certificate of registration to the proprietor of the design when registered. 2 the controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.

section 5. of the designs act : 1 the controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this act: provided that the controller shall before such registration refer the application for examination, by an examiner appointed under subsection 2 of section 3, as to whether such design is capable of being registered under this act and the rules made thereunder and consider the report of the examiner on such reference. 2 every application under subsection 1 shall be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the prescribed fee. 3 a design may be registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the controller may decide the question. 4 the controller may, if he thinks fit, refuse to register any design presented to him for registration but any person aggrieved by any such refusal may appeal to the high court. 5 an application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned. 6 a design when registered shall be registered as of the date of the application for registration.

section 4. of the designs act : a design which a is not new or original or b has been disclosed to the public anywhere in india or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration or c is not significantly distinguishable from known designs or combination of known designs or d comprises or contains scandalous or obscene matter, shall not be registered.

section 10. of the designs act : 1 there shall be kept at the patent office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matter as may be prescribed and such register may be maintained wholly or partly on computer, floppies or diskettes, subject to such safeguards as may be prescribed. 2 where the register is maintained wholly or partly on computer floppies and diskettes under subsection 1, any reference in this act to any entry in the register shall be construed as the reference to entry so maintained on computer floppies or diskettes. 3 the register of designs existing at the commencement of this act shall be incorporated with and form part of the register of designs under this act. 4 the register of designs shall be prima facie evidence of any matter by this act directed or authorized to be entered therein.

section 7. of the designs act : the controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection.

section 11. of the designs act : 1 when a design is registered, the registered proprietor of the design shall, subject to the provisions of this act, have copyright in the design during ten years from the date of registration. 2 if, before the expiration of the said ten years, application for the extension of the period of copyright is made to the controller in the prescribed manner, the controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.

section 14. of the designs act : 1 where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design. 2 no suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design.

section 15. of the designs act : 1 before delivery on sale of any articles to which a registered design has been applied, the proprietor shall a if exact representations or specimens were not finished on the application for registration furnish to the controller the prescribed number of exact representations or specimens of the design and, if he fails to do so, the controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease and b causes each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design. 2 where a representation is made to the central government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the central government may, if it thinks fit, by rule under this act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.

section 16. of the designs act : the disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.

section 19. of the designs act : 1 any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the controller on any of the following grounds, namely: a that the design has been previously registered in india or b that it has been published in india or in any other country prior to the date of registration or c that the design is not a new or original design or d that the design is not registrable under this act or e that it is not a design as defined under clause d of section 2. 2 an appeal shall lie from any order of the controller under this section to the high court, and the controller may at any time refer any such petition to the high court, and the high court shall decide any petition so referred.

section 13. of the designs act : 1 if, after hearing the applicant in cases where the applicant so desires or the controller thinks fit, the controller is satisfied that the failure to pay the fee for extension of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design. 2 the controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provisions of this act, has to be entered in the register but which has not been so entered.

section 12. of the designs act : 1 where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under subsection 2 of section 11, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed. 2 an application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the controller may require from the applicant such further evidence as he may think necessary.

section 22. of the designs act : 1 during the existence of copyright in any design it shall not be lawful for any person a for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied or b to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof or c knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. 2 if any person acts in contravention of this section, he shall be liable for every contravention a to pay to the registered proprietor of the design a sum not exceeding twentyfive thousand rupees recoverable as a contract debt, or b if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: provided that the total sum recoverable in respect of any one design under clause a shall not exceed fifty thousand rupees: provided further that no suit or any other proceeding for relief under this subsection shall be instituted in any court below the court of district judge. 3 in any suit or any other proceeding for relief under subsection 2, ever ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defence. 4 notwithstanding anything contained in the second proviso to subsection 2, where any ground or which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence under subsection 3 in any suit or other proceeding for relief under subsection 2, the suit or such other proceedings shall be transferred by the court, in which the suit or such other proceeding is pending, to the high court for decision. 5 when the court makes a decree in a suit under subsection 2, it shall send a copy of the decree to the controller, who shall cause an entry thereof to be made in the register of designs.

section 18. of the designs act : on the request of any person furnishing such information as may enable the controller to identify the design, and on payment of the prescribed fee, the controller shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor.

section 17. of the designs act : 1 during the existence of copyright in a design, any person on furnishing such information as may enable the controller to identify the design and on payment of the prescribed fee may inspect the design in the prescribed manner. 2 any person may, on an application to the controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design.

section 20. of the designs act : a registered design shall have to all intents the like effect as against the government as it has against any person and the provisions of chapter xvii of the patents act, 39 of shall apply to registered designs as they apply to patents.

section 21. of the designs act : the exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended by the central government by notification in the official gazette, or the publication of a description of the design, during or after the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design by any person elsewhere during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or invalidate the registration thereof: provided that a the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the controller previous notice in the prescribed form and b the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.

section 26. of the designs act : every register kept under this act shall at all convenient times be open to the inspection of the public, subject to the provisions of this act and certified copies, sealed with the seal of the patent office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee: provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer printout of the relevant entry in the register so maintained on computer.

section 23. of the designs act : the provisions of the patents act, 39 of with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to patentee, and of references to the design for references to the invention.

section 24. of the designs act : 1 there shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this act such fees as may be prescribed. 2 a proceeding in respect of which a fee is payable under this act or the rules made thereunder shall be of no effect unless the fee has been paid.

section 25. of the designs act : there shall not be entered in any register kept under this act, or be receivable by the controller, any notice of any trust expressed, implied or constructive.

section 30. of the designs act : 1 where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title. 2 where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the controller to register his title, and the controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such interest. 3 for the purposes of subsection 1 or subsection 2, an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the controller on application made in the prescribed manner allows: provided that the instrument shall, on entry of its particulars in the register under subsection 1 or subsection 2, have the effect from the date of its execution. 4 the person registered as the proprietor of a design shall, subject to the provisions of this act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing: provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property. 5 except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of subsections 1 and 2 shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.

section 31. of the designs act : 1 the controller may, on the application in the prescribed manner of any person aggrieved by the noninsertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly. 2 the controller may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register. 3 an appeal shall lie to the high court from any order of the controller under this section and the controller may refer any application under this section to the high court for decision, and the high court shall dispose of any application so referred. 4 any order of the court rectifying a register shall direct that notice of the rectification be served on the controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly. 5 nothing in this section shall be deemed to empower the controller to make any such order cancelling the registration of a design as is provided for in section 19.

section 28., where application abandoned, etc. of the designs act : where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the controller.

section 27. of the designs act : reports of or to the controller made under this act other than the report referred to in section 45 shall not in any case be published or be open to public inspection.

section 29. of the designs act : the controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design, or in any other matter, which is entered upon the register of designs.

section 36. of the designs act : 1 where an appeal is declared by this act to lie from the controller to the high court, the appeal shall be made within three months of the date of the order passed by the controller. 2 in calculating the said period of three months, the time if any occupied in granting a copy of the order appealed against shall be excluded. 3 the high court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the high court shall be final. 4 the high court my make rules consistent with this act as to the conduct and procedure of all proceedings under this act before it.

section 33. of the designs act : where any discretionary power is by or under this act given to controller, he shall not exercise that power adversely to the applicant for registration of a design without if so required within the prescribed time by the applicant giving the applicant an opportunity of being heard.

section 32. of the designs act : subject to any rules made in this behalf, the controller in any proceedings before him under this act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court.

section 38. of the designs act : a certificate purporting to be under the hand of the controller as to any entry, matter or thing which he is authorized by this act, or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.

section 35. of the designs act : 1 the controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality. 2 an appeal shall lie to the high court from an order of the controller under this section.

section 34. of the designs act : the controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this act, apply to the central government for directions in the matter.

section 37. of the designs act : subject to any rules made under section 44, in any proceeding under this act before the controller, the evidence shall be given by affidavit in the absence of directions by the controller to the contrary but in any case in which the controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be crossexamined on the contents of his affidavit.

section 40. of the designs act : any application, notice or other document authorized or required to be left, made or given at the patent office or to the controller, or to any other person under this act, may be sent by post.

section 41. of the designs act : 1 if any person , is by reason of infancy , lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this act, the lawful guardian, committee or manager if any of the person subject to the disability, or , if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability. 2 an appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

section 39. of the designs act : printed or written copies or extracts, purporting to be certified by controller and sealed with the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in india, and in all proceedings, without further proof or production of the originals: provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.

section 46. of the designs act : notwithstanding anything contained in this act, the controller shall a not disclose any information relating to the registration of a design or any application relating to the registration of a design under this act, which he considers prejudicial to the interest of the security of india and b take any action regarding the cancellation of registration of such designs registered under this act which the central government may, by notification in the official gazette, specify in the interest of the security of india. explanation.for the purposes of this section, the expression security of india means any action necessary for the security of india which relates to the application of any design registered under this act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.

section 42. of the designs act : 1 it shall not be lawful to insert i in any contract for or in relation to the sale or lease of an article in respect of which a design is registered or ii in a licence to manufacture or use an article in respect of which a design is registered or iii in a licence to package the article in respect of which a design is registered, condition the effect of which may be a to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered or b to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void. 2 a condition of the nature referred to in clause a or clause b of subsection 1 shall not cease to be a condition falling within that subsection merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered. 3 in proceeding against any person for any act in contravention of section 22, it shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section: provided that this subsection shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied. 4 nothing in this section shall a affect a condition in a contract by which a person is prohibited from selling goods other than those of particular person b validate a contract which, but for this section, would be invalid c affect a condition in a contract for the lease of, or licence to use, an article in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair. 5 the provision of this section shall also apply to contracts made before the commencement of this act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after the expiration of one year from such commencement.

section 48. of the designs act : 1 the designs act, 2 of is hereby repealed. 2 without prejudice to the provisions contained in the general clauses act, 10 of with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the designs act, 2 of , shall, in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act. 3 the provisions of this act shall apply to all applications for registration of designs pending at the commencement of this act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. 4 notwithstanding anything contained in this act, any proceeding pending in any court at the commencement of this act may be continued in that court as if this act has not been passed. 5 notwithstanding anything contained in subsection 2, the date of expiration of the copyright in the design registered before the commencement of this act shall, subject to the provisions of this act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made.

section 43. of the designs act : 1 all applications and communications to the controller under this act may be signed by, and all attendances upon the controller may be made by or through a legal practitioner or by or through an agent whose name and address had been entered in the register of patent agents maintained under section 125 of the patents act, 39 of . 2 the controller may, if he sees fit, require a any such agent to be resident in india b any person not residing in india to employ an agent residing in india c the personal signature or presence of any applicant or other person.

section 45. of the designs act : the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution of this act by or under the controller.

section 44. of the designs act : 1 any person who has applied for protection for any design in the united kingdom or any of other convention countries or group of countries or countries which are members of intergovernmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this act shall be in priority to other applicants and shall have the same date as the date of the application in the united kingdom or any of such other convention countries or group of countries or countries which are members of intergovernmental organisations, as the case may be: provided that a the application is made within six months from the application for protection in the united kingdom or any such other convention countries or group of countries or countries which are members of intergovernmental organisations, as the case may be and b nothing in this section shall entitle the proprietor of the design to recover damages for piracy of design happening prior to the actual date on which the design is registered in india. 2 the registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in india during the period specified in this section as that within which the application may be made. 3 the application for registration of a design under this section has been made in the same manner as an ordinary application under this act. 4 where it is made to appear to the central government that the legislature of the united kingdom or any such other convention country or a country which is member of any group of countries or intergovernmental organisation as may be notified by the central government in this behalf has made satisfactory provision for the protection of designs registered in india, the central government may, by notification in the official gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the united kingdom or that other convention country or such country which is member of any group of countries or intergovernmental organisation, as the case may be. explanation 1.for the purposes of this section, the expression convention countries, group of countries or intergovernmental organisation means, respectively, such countries, group of countries or intergovernmental organisation to which the paris convention for protection of industrial property, as revised at stockholm in and as amended in or the final act, embodying the results of the uruguay round of multilateral trade negotiations, provided for the establishment of world trade organisation applies. explanation 2.where more than one application for protection referred to in subsection 1 has been made for similar protections in the united kingdom or one or more convention countries, group of countries or countries which are members of intergovernmental organisations, the period of six months referred to in clause a of that subsection shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made.

section 47. of the designs act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generally of the forgoing power, such rules may provide for all or any of the following matters, namely: a the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under subsection 2 of section 5 b the time within which the registration is to be effected under subsection 5 of section 5 c the classification of articles for registration under subsection 1 of section 6 d the particulars of design to be published and the manner of their publication under section 7 e the manner of making claim under subsection 1 of section 8 f the manner of making applications to the controller under subsection 5 of section 8 g the additional matters required to be entered in the register of designs and the safeguards to be made in maintaining such register in computer floppies or diskettes under subsection 1 of section 10 h the manner of making application and fee to be paid for extension of the period of copyright under and the fee payable thereto, subsection 2 of section 11 i the manner of making application for restoration of design and the fee to be paid with it under subsection 1 of section 12 j the manner of verification of statement contained in an application under subsection 2 of section 12 k the additional fee to be paid for restoration of the registration of design under subsection 1 of section 13 l the provisions subject to which the right of the registered proprietor shall be under subsection 1 of section 14 m the number of exact representation or specimen of the design to be furnished to the controller under clause a of subsection 1 of section 15 n the mark, words or figures with which the article is to be marked denoting that the design is registered under clause b of subsection 1 of section 15 o the rules to dispense with or modify as regards any class or description of articles any of the requirements of section 15 as to marking under subsection 2 of that section p the fee to be paid for and the manner of inspection under subsection 1 of section 17 q the fee to be paid to obtain a certified copy of any design under subsection 2 of section 17 r the fee on payment of which the controller shall inform under section 18 s the form for giving notice to the controller under clause a of the proviso to section 21 t the fee to be paid in respect of the registration of designs and application therefor, and in respect of other matters relating to designs under subsection 1 of section 24 u the fee to be paid for giving certified copy of any entry in the register under section 26 v the fee to be accompanied with the request in writing for correcting any clerical error under section 29 w the form in which an application for registration as proprietor shall be made and the manner in which the controller shall cause an entry to be made in the register of the assignment, transmission or other instruments effecting the title under subsection 1 of section 30 x the form in which an application for title shall be made and the manner in which the controller shall cause notice of the interest to be entered in the register of designs with particulars of the instrument, if any, creating such interest under subsection 2 of section 30 y the manner of filing an application for registration and for making application for extension of time as referred to in subsection 3 of section 30 z the manner of making application to the controller for rectification of register under subsection 1 of section 31 za the manner in which the notice of rectification shall be served on the controller under subsection 4 of section 31 zb the rules regulating the proceedings before the controller under section 32 zc the time which shall be granted to the applicants for being heard by the controller under section 33 zd the fee to be accompanied with an appeal under subsection 1 of section 36 ze any other matter which is required to be, or may be, prescribed. 3 the power to make rules under this section shall be subject to the conditions of the rules being made after previous publication. 4 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that act.

section 6. of the census act : 1 where the district magistrate, or such authority as the state government may appoint in this behalf, by a written order so directs a every officer in command of any body of men belonging to the naval, military or air forces, or of any vessel of war, of india, b every person except a pilot or harbour master having charge or control of a vessel, c every person in charge of a lunatic asylum, hospital, workhouse, prison, reformatory or lockup or of any public, charitable, religious or educational institution, d every keeper, secretary or manager of any sarai, hotel, boardinghouse, lodginghouse, immigration depot or club, e every manager or officer of a railway or any commercial or industrial establishment, and f every occupant of immovable property wherein at the time of the taking of the census persons are living shall perform such of the duties of a censusofficer in relation to the persons who at the time of the taking of the census are under his command or charge, or are inmates of his house, or are present on or in such immovable property or are employed under him as may be specified in the order. 2 all the provisions of this act relating to censusofficers shall apply, so far as may be, to all persons while performing such duties under this section, and any person refusing or neglecting to perform any duty which under this section he is directed to perform shall be deemed to have committed an offence under section 187 of the indian penal code 45 of .

section 1. of the census act : 1 this act may be called the census act, . 12 it extends to the whole of india 2 . 1 subs., ibid, for the subsection 2. 2. the words except the state of jammu and kashmir omitted by act 22 of , s. 2 w.e.f .

section 5. of the census act : the census commissioner, all 1 directors of census operations and all censusofficers shall be deemed to be public servants within the meaning of the indian penal code 45 of . 1 subs by act 56 of , s. 3 and the second schedule for superintendents of census operations w.e.f. .

section 7. of the census act : the district magistrate, or such authority as the state government may appoint in this behalf for any local area, may, by written order which shall have effect throughout the extent of his district or of such local area, as the case may be, call upon a all owners and occupiers of land, tenureholders, and farmers and assignees of land revenue, or their agents, b all members of the district, municipal, panchayat and other local authorities and officers and servants of such authorities, and c all officers and members of staff of any factory, firm or establishment, to give such assistance as shall be specified in the order towards the taking of a census of the persons who are, at the time of the taking of the census, on the lands of such owners, occupiers, tenureholders, farmers and assignees, or in the premises of factories, firms and other establishments, or within the areas for which such local authorities are established, as the case may be, and the persons to whom an order under this section is directed shall be bound to obey it and shall, while acting in pursuance of such order, be deemed to be public servants within the meaning of the indian penal code 45 of .

section 2a. of the census act : 2a. rule of construction respecting enactments not extending to jammu and kashmir. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 2. of the census act : show related subordinates 12. definitions. in this act, unless the context otherwise requires, a premises means any land, building or part of a building and includes a hut, shed or other structure or any part thereof b prescribed means prescribed by rules made under this act c vehicle means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. 1 subs. by act 11 of , s. 2, for section 2.

section 4a. of the census act : 1 4a. staff of every local authority to be made available for taking census. every local authority in a state shall, when so directed by a written order by the central government or by an authority appointed by that government in this behalf, make available to any director of census operations such staff as may be necessary for the performance of any duties in connection with the taking of census. 1 ins. by act 11 of , s. 4.

section 3. of the census act : show related subordinates the central government may, by notification in the official gazette, declare its intention of taking a census in the whole or any part of the territories to which this act extends, whenever it may consider it necessary or desirable so to do, and there upon the census shall be taken.

section 7a., for taking of a census. of the census act : show related subordinates 1 7a. requisitioning premises, of vehicles, etc., for taking of a census. 1 if it appears to the central government that, in connection with taking of a census, a any premises are needed or are likely to be needed, or b any vehicle, vessel or animal is needed or is likely to be needed, that government may by order in writing requisition such premises, or vehicle, vessel or animal, as the case may be, and make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning. 2 the requisition shall be effected by an order in writing addressed to the person deemed by the central government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. 3 whenever any property is requisitioned under subsection 1, the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that subsection. 1 ins. by act 11 of , s. 5 w.e.f. .

section 4. of the census act : show related subordinates 1 the central government may appoint a census commissioner to supervise the taking of the census throughout the area in which the census is intended to be taken, and 1directors of census operations to supervise the taking of the census within the several states. 2 the state government may appoint persons as censusofficers 2with such designations as that government may deem necessary to take, or aid in or supervise the taking of, the census within any specified local area and such persons, when so appointed, shall be bound to serve accordingly. 3 a declaration in writing, signed by any authority authorised by the state government in this behalf, that any person has been duly appointed a censusofficer for any local area shall be conclusive proof of such appointment. 4 the state government may delegate to such authority as it thinks fit the power of appointing censusofficers conferred by subsection 2. 1 . subs. by act 56 of , s. 3 and the second schedule, for superintendents of census operations w.e.f. . 2 ins. by act 11 of , s. 3 w.e.f. .

section 7e. of the census act : show related subordinates 17e. eviction from requisitioned premises. 1 any person remaining in possession of any requisitioned premises in contravention of any order made under section 7a may be summarily evicted from the premises by any officer empowered by the central government in this behalf. 2 any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7f. of the census act : show related subordinates 17f. release of premises from requisition. 1 when any premises requisitioned under section 7a are to be released from requisition, the possession thereof shall be delivered to the person from whom possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the central government to be the owner of such premises, and such delivery of possession shall be a full discharge of the central government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. 2 where the person to whom possession of any premises requisitioned under section 7a is to be given under subsection 1 cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the central government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the official gazette. 3 when a notice referred to in subsection 2 is published in the official gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof, and the central government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7b. of the census act : show related subordinates 17b. payment of compensation. 1 whenever in pursuance of section 7a the central government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely: i the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality ii if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses if any incidental to such chance: provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the central government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the central government may determine: provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the central government to an arbitrator appointed in this behalf by that government for determination, and shall be determined in accordance with the decision of such arbitrator. explanation.in this subsection, the expression person interested means the person who was in actual possession of the premises requisitioned under section 7a immediately before the requisition, or where no person was in such actual possession, the owner of such premises. 2 whenever in pursuance of section 7a of the central government requisitions any vehicle, vessel, or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the central government on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: provided that where the owner of such vehicle, vessel, or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the central government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the central government may determine: provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hirepurchase agreement in the possession of a person other than the owner, the amount determined under this subsection as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the central government in this behalf may decide. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7c. of the census act : show related subordinates 17c. power to obtain information. the central government may, with a view to requisitioning any property under section 7a or determining the compensation payable under section 7b, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7g. of the census act : show related subordinates 17g. delegation of functions of the central government with regard to requisitioning. the central government may, by notification in the official gazette, direct that any powers conferred or any duty imposed on that government by any of the provisions of sections 7a to 7f shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer as may be specified. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7h. of the census act : 17h. penalty for contravention of any order regarding requisitioning. if any person contravenes any order made under section 7a or section 7c, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. 1. ins. by act 11 of , s. 5 w.e.f. .

section 7d. of the census act : show related subordinates 17d. power of entry into and inspection of premises, etc. any person authorised in this behalf by the central government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 7a should be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. 1. ins. by act 11 of , s. 5 w.e.f. .

section 9. of the census act : every person occupying any house, enclosure, vessel or other place shall allow censusofficers such access thereto as they may require for the purposes of the census and as, having regard to the customs of the country, may be reasonable, and shall allow them to paint on, or affix to, the place such letters, marks or numbers as may be necessary for the purposes of the census.

section 8. of the census act : show related subordinates 1 a census officer may ask all such questions of all persons within the limits of the local area for which he is appointed as, by instructions issued in this behalf by the 1 central government and published in the official gazette, he may be directed to ask. 2 every person of whom any question is asked under subsection 1 shall be legally bound to answer such question to the best of his knowledge or belief: provided that no person shall be bound to state the name of any female member of his household, and no woman shall be bound to stale the name of her husband or deceased husband or of any other person whose name she is forbidden by custom to mention. 1 . subs. by act 11 of , s. 6, for state government w.e.f. .

section 15. of the census act : no person shall have a right to inspect any book, register or record made by a censusofficer in the discharge of his duty as such, or any schedule delivered under section 10 and notwithstanding anything to the contrary in the indian evidence act, 1 of , no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this act or any other law for any act or omission which constitutes an offence under this act.

section 10. of the census act : 1 subject to such orders as the 1 census commissioner may issue in this behalf, a censusofficer may, within the local area for which he is appointed, leave or cause to be left a schedule at any dwellinghouse or with the manager or any officer of any commercial or industrial establishment, for the purpose of its being filled up by the occupiers of such house or of any specified part thereof or by such manager or officer with such particulars as the 1 census commissioner may direct regarding the inmates of such house or part thereof, or the persons employed under such manager or officer, as the case may be, at the time of the taking of the census. 2 when such schedule has been so left, the said occupier, manager or officer, as the case may be, shall fill it up or cause it to be filled up to the best of his knowledge or belief so far as regards the inmates of such house or part thereof or the persons employed under him, as the case may be, at the time aforesaid, and shall sign his name thereto and, when so required, shall deliver the schedule so filled up and signed to the censusofficer or to such person as the censusofficer may direct. 1 subs. by act 11 of , s. 7, for state government.

section 11. of the census act : show related subordinates 1 1 a any censusofficer or any person lawfully required to give assistance towards the taking of census who refuses to perform any duty imposed upon him by this act or any rule made there under, or any person who hinders or obstructs another person in performing any such duty, or aa any censusofficer or any person lawfully required to give assistance towards the taking of a census who neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this act or any rule made there under, or any person who hinders or obstructs another person in performing any such duty or obeying any such order, or b any censusofficer who intentionally puts any offensive or improper question or knowingly makes any false return or, without the previous sanction of the central government or the state government, discloses any information which he has received by means of, or for the purposes of, a census return, or c any sorter, compiler or other member of the census staff who removes, secrets, damages or destroys any census document or deals with any census document in a manner likely to falsify or impair the tabulations of census results, or 2 ca any local authority which fails to comply with an order made under section 4a, or d any person who intentionally gives a false answer to, or refuses to answer to the best of his knowledge or belief, any question asked of him by a censusofficer which he is legally bound by section 8 to answer, or e any person occupying any house, enclosure, vessel or other place who refuses to allow a censusofficer such reasonable access thereto as he is required by section 9 to allow, or f any person who removes, obliterates, alters, or damages any letters, marks or numbers which have been painted or affixed for the purposes of the census, or g any person who, having been required under section 10 to fill up a schedule, knowingly and without sufficient cause to comply with the provisions of that section, or makes any false return there under, or h any person who trespasses into a census office. shall be punishable with fine which may extend to one thousand rupees and in case of a conviction under part 3 a, b or c shall also be punishable with imprisonment which may extend to three years. 2 whoever abets any offence under subsection 1 shall be punishable with fine which may extend to one thousand rupees. 1 subs. by s. 8, ibid., for part a. 2 ins. by s. 8, ibid. 3 subs. by s. 8, ibid., for certain brackets, letters and words. 4. the words except the state of jammu and kashmir omitted by act 22 of , s. 2 w.e.f

section 12. of the census act : 1 12. sanction required for prosecutions. without prejudice to the provisions of section 197 of the code of criminal procedure, 2 of , no prosecution under this act shall be instituted except with the previous sanction, a in the case of a person who is employed or was at the time of commission of the alleged offence employed i in a company, as defined in section 3 of the companies act, 1 of , in which not less than fiftyone per cent. of the paidup capital is held by the central government or any company which is a subsidiary thereof within the meaning of that act, or ii by a corporation or a local authority established by or under a central act which is owned or controlled by the central government, of the central government or of an authority authorised in this behalf by that government and b in the case of a person other than referred to in clause a of the state government. 1 subs. by act 11 of , s. 9, for section 12.

section 13. of the census act : nothing in this act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this act: provided that no such prosecution shall be instituted except with the previous sanction referred to in section 12.

section 15a. of the census act : 1 15a. protection of service interests of members of census staff.no member of the census staff shall suffer any disability in service by reason of his being on census duty and the period spent by him on such census duty shall be deemed to be the duty under his lending employer and any duty performed under this act shall not in any manner affect the right of promotion or other advancement in his original service. 1 . ins. by act 11 of , s. 12.

section 14. of the census act : no court inferior to that of a 1metropolitan magistrate or a judicial magistrate of the first class 2, shall try, whether under this act or under any other law, any act or omission which constitutes an offence under this act. 1 subs. by s. 11, ibid., for certain words. 2. the words and letter or in a part b state, magistrate corresponding to magistrate of second class omitted by adaptation of laws no. 3 order,

section 13a. of the census act : 1 13a. certain offences to be cognizable and triable summarily.1 notwithstanding anything contained in the code of criminal procedure. 2 of , no police officer or court shall take cognizance of any offence under part a, b or c of subsection 1 of section 11, except upon information received from or on a complaint made by, as the case may be, the director of census operations or any officer authorised by him in this behalf. 2 notwithstanding anything contained in the code of criminal procedure 2 of , every offence punishable under part a, b or c of subsection 1 of section 11 may be tried summarily. 1 ins. by s. 10, ibid.

section 15b. of the census act : 115b. protection of action taken in good faith. no suit, prosecution or other legal proceeding shall lie against the census commissioner or any director of census operations or any censusofficer or any member of the census staff for anything which is in good faith done or intended to be done under this act or the rules made thereunder. 1. ins. by act 11 of , s. 12.

section 18. of the census act : show related subordinates 1 the central government may 1 by notification in the official gazette act may make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the central government may make rules providing for the appointment of censusofficers and of persons to the form any of the duties of censusofficers or to give assistance towards the taking of a census, and for the general instructions to be issued to such officers and persons 2 and providing for the manner of service of of orders regarding requisitioning of premises, or vehicle vessel or animal and the time within which the application may be made to it by any interested person aggrieved by the amount of compensation determined under section 7b for referring the matter to an arbitrator. 3 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 ins. by act 4 of , s. 2 and the schedule w.e.f. . 2 added by act 11 of , s. 15. 3 ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 16. of the census act : notwithstanding anything in any enactment or rule with respect to the mode in which a census is to be taken in any municipality, the municipal authority, in consultation with the 1 director of census operation or with such other authority as the state government may authorise in this behalf, shall, at the time appointed for the taking of any census cause the census of the municipality to be taken wholly or in part by any method authorised by or under this act. 1 subs. by act 56 of , s. 3 and the second schedule, for superintendent of census operations w.e.f. .

section 17. of the census act : 1 subject to the provisions of section 15, the census commissioner or any director of census operations may, if he so thinks fit, at the request and cost to be determined by him of any local authority or person, cause abstracts to be prepared and supplied containing any such statistical information as can be derived from the census returns for 2 lndia or any state, as the case may be, being information which is not contained in any published report and which in his opinion it is reasonable for that authority or person to require. 1 subs. by act 11 of , s. 13, for certain words. 2 subs by the a. o. , for the provinces of india or the province

section 17a. of the census act : show related subordinates 1 17a. power to extend the provisions of act to other operations. the central government may, by notification in the official gazette, extend the provisions of this act, with such restrictions and modifications as it thinks fit, to pretests, pilot studies, census of houses which precede the population count and post enumeration check and evaluation studies or statistical surveys or any other operation as may be deemed necessary for the purpose of census. 1 . ins. by act 11 of , s. 14.

section 8. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, all the shares held by the bokaro steel limited in the share capital of the bharat refractories limited shall stand transferred to, and vest in, the central government.

The Public Sector Iron and Steel Companies (Restructuring) and Miscellaneous Provisions Act, 1978

section 1. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 this act may be called the public sector iron and steel companies restructuring and miscellaneous provisions act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 1st may, , vide notification no. s.o. 291e, dated 30th april, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, the right, title and interest of the hindustan steel limited in the immovable properties owned by it in ranchi district of the state of bihar, together with liabilities and obligations in relation thereto, shall stand transferred to, and vest in, the metallurgical and engineering consultants india limited.

section 3. of the public sector iron and steel companies restructuring and miscellaneous provisions act : for the purposes of this act, the undertaking of a dissolved company or of a transferred unit shall be deemed to include all assets, rights, leaseholds including mining leases, if any, industrial or other licences, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works, mines, workshops, projects, smelters, stores, instruments, machinery, automobiles and other vehicles, cash or bank balances, cash in hand, investments, and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the dissolved company or the transferred unit, as the case may be whether within or without india, and all books of account, registers maps, drawings, records of survey and all other documents of whatever nature relating thereto, and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind of the dissolved company or the transferred unit./hrt1 explanation.reference in this section to an undertaking of a transferred unit shall be deemed to be a reference to so much of the undertaking of the company of which that forms a unit as is relatable to it as if it were a separate company.

section 2. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b companies act means the companies act, 1 of c corresponding unit, in relation to i the integral company, means that unit of the integral company which corresponds to the unit of the dissolved company or the transferred company in which the concerned officer or other employee was holding office before the transfer of the said unit ii a transferee company, means that unit of a transferee company which corresponds to the unit of the dissolved company in which the concerned officer or other employee was holding office before the transfer of the said unit d dissolved company means a company specified in the first schedule e integral company means the steel authority of india limited, a company formed and registered under the companies act having its registered office at new delhi f transferee company means the company to which the undertakings of a dissolved company or of a transferred unit, as the case may be, stand transferred by virtue of the provisions of this act g transferred company means, i metallurgical and engineering consultants india limited, a company formed and registered under the companies act having its registered office at ranchi in the state of bihar ii national mineral development corporation limited, a company formed and registered under the companies act having its registered office at hyderabad in the state of andhra pradesh iii hindustan steelworks construction limited, a company formed and registered under the companies act having its registered office at calcutta in the state of west bengal iv bharat refractories limited, a company formed and registered under the companies act having its registered office at bokaro steel city in the state of bihar or v india firebricks and insulation company limited, a company formed and registered under the companies act having its registered office at bombay in the state of maharashtra h transferred unit means, i kiriburu iron ore mines, a unit of the national mineral development corporation limited or ii meghahatuburu iron ore project, a unit of the national mineral development corporation limited iii ramgarh refractory plant, a unit of the hindustan steel limited situated near ramgarh in the state of bihar iv refractory project, a unit of the hindustan steel limited situated at bhilai in the state of madhya pradesh or v sillimanite mines, a unit of the hindustan steel limited situated in the state of meghalaya. 2 words and expressions used herein and not defined but defined in the companies act have the meaning respectively assigned to them in that act.

section 9. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, all the shares held by the integral company in the share capital of each of the companies specified in the second schedule shall stand transferred to, and vest in, the central government.

section 6., in the bharat refractories limited. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 on the appointed day, the undertakings of the following transferred units shall stand transferred to, and vest in, the bharat refractories limited, namely: a ramgarh refractory plant of the hindustan steel limited situated near ramgarh in the state of bihar, b sillimanite mines of the hindustan steel limited situated in the state of meghalaya, and c refractory project of the hindustan steel limited situated at bhilai in the state of madhya pradesh. 2 notwithstanding anything contained in the companies act, as from the appointed day, the registered office of the bharat refractories limited may remain at bokaro steel city or be transferred to ranchi.

section 4. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, the companies specified in the first schedule shall stand dissolved and, subject to the provisions of sections 6 and 7, all the undertakings of such companies shall stand transferred to, and vest in the integral company.

section 5., in integral company. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, the undertakings of the following transferred units shall stand transferred to, and vest in, the integral company, namely: a kiriburu iron ore mines, a unit of the national mineral development corporation limited, and b meghahatuburu iron ore project, a unit of the national mineral development corporation limited.

section 10. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, all the shares held by the integral company in the share capital of the india firebricks and insulation company limited a company formed and registered under the companies act having its registered office at bombay in the state of maharashtra shall stand transferred to, and vest in, the bharat refractories limited.

section 11. of the public sector iron and steel companies restructuring and miscellaneous provisions act : on the appointed day, all the shares held by the central government in the share capital of the indian iron and steel company limited a company under the companies act having its registered office at calcutta in the state of west bengal shall stand transferred to, and vest in, the integral company.

section 16. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 every person holding office as a director of a dissolved company immediately before the appointed day shall, on that day, cease to hold office as such director. 2 every person, being a director in wholetime employment of a dissolved company, immediately before the appointed day, shall continue to be an employee of the corresponding unit of the integral company with such designation and on such terms and conditions as may be determined by the integral company.

section 12., deemed to be registered in the register of members of companies. of the public sector iron and steel companies restructuring and miscellaneous provisions act : the central government, the bharat refractories limited or the integral company, as the case may be, shall be deemed, as from the appointed day, to have been registered in the register of members of the companies concerned as the holder of each share which stands transferred to, and vested in, each of them by virtue of the provisions of section 8, 9, 10 or 11, as the case may be.

section 17. of the public sector iron and steel companies restructuring and miscellaneous provisions act : every person appointed under section 619 of the companies act as an auditor of a dissolved company or of a transferred unit, holding office immediately before the appointed day, may continue to hold office as such auditor in the corresponding unit of the integral company or of any other transferee company, as the case may be, for the duration for which he was so appointed, on the same terms and conditions as were applicable to him immediately before the appointed day.

section 18. of the public sector iron and steel companies restructuring and miscellaneous provisions act : notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of services of any officer or other employee shall not entitle such officer or other employee to any compensation under that act or under any other law for the time being in force and no claim for such compensation shall be entertained by any court, tribunal or other authority.

section 13., and issue of shares. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 the central government may, from time to time, by order published in the official gazette, specify the amount by which the paidup share capital of the integral company, the bharat refractories limited, the metallurgical and engineering consultants india limited, and the national mineral development corporation limited shall stand reduced or increased as a result of transfer of shares, undertakings or immovable properties, as the case may be, under the provisions of this act. 2 in specifying the amount under subsection 1, the central government shall have regard to the following factors, namely: i the book value of shares referred to in section 8, 9, 10 or 11, as the case may be, of the concerned company, on the appointed day, ii the net value of the undertakings of the dissolved company and transferred unit, as on the appointed day, and iii the book value of the immovable properties owned by the hindustan steel limited referred to in section 7, as on the appointed day, as are transferred to or from the companies referred to in subsection 1 3 every order made under subsection 1 shall be made within a period of one year from the appointed day and any such order may take effect prospectively or retrospectively, but not with effect from a date earlier than the appointed day. 4 any order made by the central government under this section may include a direction for the issue or cancellation of appropriate number of shares so as to give effect to the provisions of this act.

section 14. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 every officer not being a director or other employee holding office immediately before the appointed day in a dissolved company in relation to any undertaking of such company, other than an officer or other employee holding such office in relation to transferred units referred to in section 6, shall, as from the appointed day, continue to hold office as such in the corresponding unit of the integral company by the same tenure and upon the same terms and conditions of service and with the same rights and privileges as to retirement benefits as would have been admissible to him if the company in which he was holding office had not been dissolved and shall continue to do so unless and until such tenure and terms and conditions are duly altered by the integral company. 2 notwithstanding anything contained in subsection 1, rules relating to the conditions of service and standing orders applicable to the officers or other employees referred to in subsection 1, as immediately before the appointed day, shall continue to apply unless and until they are duly altered by the integral company or other authority, as the case may be.

section 15. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 every officer or other employee holding office immediately before the appointed day in the transferred unit shall, as from the appointed day, continue to be an officer or other employee of the corresponding unit of the transferee company by the same tenure and upon the same terms and conditions of service and with the same rights and privileges as to retirement benefits as would have been admissible to him if the transferred unit in which he was holding office had not been transferred and shall continue to do so unless and until such tenure and terms and conditions are duly altered by the transferee company. 2 notwithstanding anything contained in subsection 1, rules relating to the conditions of service and standing orders applicable to the officers or other employees referred to in subsection 1, as immediately before the appointed day, shall continue to apply unless and until they are duly altered by the transferee company or other authority, as the case may be.

section 19. of the public sector iron and steel companies restructuring and miscellaneous provisions act : where a provident fund has been established by a dissolved company or any other company in respect of a transferred unit for the benefit of the employees and the same stands vested in a trust, the moneys and other assets standing to the credit of each provident fund shall continue to be held in trust with the same objects as were applicable before the appointed day and the trustees of such trusts immediately before the appointed day shall, subject to the provisions of the trust deeds and the rules relating to such trusts, continue to function as trustees in respect of such provident fund of the corresponding unit of the integral company or of other transferee company, as the case may be, as if this act had not been passed: provided that the right to nominate trustees and other rights relating to the trusts vested in the dissolved company or other company in respect of the transferred unit, as the case may be, shall vest in the integral company or other transferee company, as the case may be.

section 26. of the public sector iron and steel companies restructuring and miscellaneous provisions act : the provisions of this act or of any order made thereunder shall have effect notwithstanding anything contained in the companies act or in any other law for the time being in force or in any contract, express or implied, or in any rules or regulations having effect by virtue of any law other than this act.

section 20. of the public sector iron and steel companies restructuring and miscellaneous provisions act : where any gratuity, welfare or other fund has been established by a dissolved company or any other company in respect of a transferred unit for the benefit of its employees and is in existence immediately before the appointed day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the corresponding unit of the integral company or other transferee company, as the case may be.

section 21. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 the integral company shall be liable to pay any sum under the provisions of the incometax act or the companies profits surtax act which any dissolved company would have been liable to pay if the dissolution had not taken place, in the like manner and to the same extent as the dissolved company. 2 for the purpose of making an assessment of the income or, as the case may be, the chargeable profits of any dissolved company any for the purpose of levying any sum in accordance with the provisions of subsection 1, a any proceeding taken against any dissolved company before the appointed day shall be deemed to have been taken against the integral company and may be continued against the integral company from the stage at which it stood immediately before the appointed day b any proceeding which could have been taken against any dissolved company if the dissolution had not taken place, may be taken against the integral company and c all the provisions of the incometax act or, as the case may be, the companies profits surtax act shall apply accordingly. 3 the assessment of the income or, as the case may be, the chargeable profits of the previous year of any dissolved company in which the dissolution took place up to the appointed day shall be made as if such dissolution had not taken place, and all the provisions of the incometax act and the companies profits surtax act shall, so far as may be, apply accordingly. 4 the transfer to, and vesting in, of the undertaking of any dissolved company in the integral company under the provisions of this act shall be deemed to be an amalgamation in relation to such companies and the provisions of the incometax act shall, so far as may be, apply accordingly as if references in the said act to the amalgamating company and the amalgamated company were references to the dissolved company and the integral company respectively. 5 where any capital asset forming part of any undertaking belonging to the transferred unit or, as the case may be, the hindustan steel limited is, in pursuance of section 5 or section 6 or section 7, transferred to, and vests in, the integral company or the bharat refractories limited or, as the case may be, the metallurgical and engineering consultants india limited, such capital asset shall be deemed to have been transferred in a scheme of amalgamation and the provisions of the incometax act shall, so far as may be, apply accordingly as if references in the said act to the amalgamating company were references to the transferred unit or, as the case may be, the hindustan steel limited and the references to the amalgamated company, being an indian company, were references to the integral company or the bharat refractories limited or, as the case may be, the metallurgical and engineering consultants india limited. 6 the accumulated loss and the unabsorbed depreciation, if any, of any dissolved company shall be deemed to be the loss or, as the case may be, allowance for depreciation of the integral company for the previous year in which the undertaking of the dissolved company vested in the integral company, and the provisions of the incometax act relating to set off and carry forward of loss and allowance for depreciation shall apply accordingly. 7 the provisions of subsections 1 to 6 shall have effect notwithstanding anything to the contrary contained in the incometax act or the companies profits surtax act. explanation.for the purposes of this section, a incometax act means the incometax act, 43 of b companies profits surtax act means the companies profits surtax act, 7 of c words and expressions used in this section and not defined in this act but defined in the incometax act or the companies profits surtax act shall have the meanings respectively assigned to them in the said acts.

section 23. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 all contracts, deeds, bonds, agreements and other instruments of whatever nature to which the dissolved company is a party subsisting or having effect immediately before the appointed day, shall, as from that day, be of full force and effect against, or in favour of the integral company or other transferee company, as the case may be, and may be enforced as fully and effectually as if, instead of the dissolved company, the integral company or other transferee company had been a party thereto. 2 all contracts, deeds, bonds, agreements and others instruments of whatever nature to which the company in respect of a transferred unit is a party if and in so far as it relates to matters pertaining to the undertakings of the transferred unit, subsisting or having effect immediately before the appointed day, shall, as from that day, be of full force and effect against, or in favour of the integral company or other transferee company, as the case may be, and may be enforced as fully and effectually as if, instead of such company, the integral company or other transferee company had been a party thereto.

section 22. of the public sector iron and steel companies restructuring and miscellaneous provisions act : for the removal of doubts, it is hereby declared that no taxes, duties, fees or other charges of whatever nature including registration charges, shall be payable in respect of any transfer of shares or transfer of any undertakings or transfer of any immovable property under the provisions of this act.

section 24. of the public sector iron and steel companies restructuring and miscellaneous provisions act : if, on the appointed day, there is pending any suit, arbitration, appeal or other legal proceeding of whatever nature by or against a dissolved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer under the provisions of this act to the integral company or any other transferee company, as the case may be, of the undertakings of the dissolved company or of anything contained in this act, but the suit, arbitration, appeal or other proceeding may be continued, prosecuted and enforced by or against the integral company or other transferee company, as the case may be, in the same manner and to the same extent as it would or might have been continued, prosecuted and enforced by or against the dissolved company if this act had not been passed.

section 25. of the public sector iron and steel companies restructuring and miscellaneous provisions act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary, for the removal of the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day.

section 27. of the public sector iron and steel companies restructuring and miscellaneous provisions act : 1 for the purpose of giving effect to the provisions of this act, the central government may, by notification in the official gazette, make amendments in the memorandum or articles of association, or both, of the integral company or other transferee company. 2 any amendments in the memorandum or articles of association of the integral company or other transferee company made in pursuance of subsection 1 shall have effect notwithstanding anything contained in the companies act.

section 8. of the industrial reconstruction bank transfer of undertakings and repeal act : any guarantee given for or in favour of the reconstruction bank with respect to any loan, lease finance or other assistance shall continue to be operative in relation to the company.

The Industrial Reconstruction Bank (Transfer of Undertakings and Repeal) Act, 1997

section 1. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 this act may be called the industrial reconstruction bank transfer of undertakings and repeal act, . 2 it shall be deemed to have come into force on the 24th day of january, .

section 6., to be deemed to have been granted to company. of the industrial reconstruction bank transfer of undertakings and repeal act : with effect from the appointed day, all fiscal and other concessions, licences, benefits, privileges and exemptions granted to the reconstruction bank in connection with the affairs and business of the reconstruction bank under any law for the time being in force shall be deemed to have been granted to the company.

section 7. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 notwithstanding anything contained in the incometax act, 43 of or any other enactment for the time being in force relating to tax or income, profits or gains, the company shall not be liable to pay incometax or any other tax for a period of five years computed from the appointed day in respect of any income, profits or gains derived, or any amount received by the company. 2 the transfer and vesting of the undertakings or any part thereof in terms of section 3 shall not be construed as a transfer within the meaning of the incometax at, 43 of for the purposes of capital gains.

section 5. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 every officer or other employee of the reconstruction bank except a director of the board or the chairman and managing director serving in the employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertakings which have vested in the company by virtue of this act, become, as from the appointed day, an officer or, as the case may be, other employee of the company and shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, leave fare concession, welfare scheme, medical benefit scheme, insurance, provident fund, other funds, retirement, voluntary retirement, gratuity and other benefits as he would have held under the reconstruction bank if its undertakings had not vested in the company and shall continue to do so as an officer or, as the case may be, other employee of the company or until the expiry of a period of six months from the appointed day if such officer or other employee opts not to continue to be the officer or other employee of the company within such period. 2 where an officer or other employee of the reconstruction bank opts under subsection 1 not to be in employment or service of the company, such officer or other employee shall be deemed to have resigned. 3 notwithstanding anything contained in the industrial disputes act, 14 of in any other law for the lime being in force, the transfer of the services of any officer or other employee of the reconstruction bank to the company shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 4 the officers and other employees who have retired before the appointed day from the service of the reconstruction bank and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the company. 5 the trust of the provident fund or the gratuity fund of the reconstruction bank and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the company as was being done hitherto in the reconstruction bank and any tax exemption granted to the provident fund or the gratuity fund would continue to be applied to the company. 6 notwithstanding anything contained in this act or in the companies act, 1 of or in any other law for the time being in force or in the regulations of the reconstruction bank, no director of the board, chairman and managing director or any other person entitled to manage the whole or substantial part of the business and affairs of the reconstruction bank shall be entitled to any compensation against the reconstruction bank or the company for the toss of office or for the premature termination of any contract of management entered into by him with the reconstruction bank.

section 9. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 where any arrangement entered into by the company with an industrial or other concern provides for the appointment by the company of one or more directors of such concern, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to such concern, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the company in pursuance of the arrangement as aforesaid. 2 any director appointed in pursuance of subsection 7 shall a hold office during the pleasure of the company and may be removed or substituted by any person by order in writing by the company b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.

section 4. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 the central government, being the shareholder of the reconstruction bank immediately before the appointed day, shall be deemed to be registered, on and from the appointed day, as a shareholder of the company. 2 the undertakings of the reconstruction bank which are transferred to, and which vest in, the company under section 3 shall be deemed to include all business, assets, rights, powers, authorities and privileges and all properties, movable and immovable, real and personal, corporeal and incorporeal, in possession or reservation, present or contingent of whatever nature and wheresoever situate including lands, buildings, vehicles, cash balances, deposits, foreign currencies, disclosed and undisclosed reserves, reserve fund, special reserve fund, benevolent reserve fund, any other fund, stocks, investments, shares, bonds, debentures, security, management of any industrial concern, loans, advances and guarantees given to industrial concerns, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the reconstruction bank in relation to its undertakings, within or without india, all books of account, registers, records and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind within or without india then subsisting of the reconstruction bank in relation to its undertakings. 3 all contracts, deeds, bonds, guarantees, powers of attorney, other instruments and working arrangements subsisting immediately before the appointed day and affecting the reconstruction bank shall cease to have effect or to be enforceable against the reconstruction bank and shall be of as full force and effect against or in favour of the company in which the undertakings of the reconstruction bank have vested by virtue of this act and enforceable as fully and effectually as if instead of the reconstruction bank, the company had been named therein or had been a party thereto. 4 any proceeding or cause of action pending or existing immediately before the appointed day by or against the reconstruction bank in relation to its undertakings may, as from the appointed day, be continued and enforced by or against the company in which the undertakings of the reconstruction bank have vested by virtue of this act as it might have been enforced by or against the reconstruction bank if this act had not been enacted and shall cease to be enforceable by or against the reconstruction bank

section 2. of the industrial reconstruction bank transfer of undertakings and repeal act : in this act, unless the context otherwise requires a appointed day means such date as the central government may, by notification in the official gazette, appoint under section 3 b company means the industrial investment bank of india limited to be formed and registered under the companies act, 1 of c reconstruction bank means the industrial reconstruction bank of india established under subsection 1 of section 3 of the industrial reconstruction bank of india act, 62 of .

section 3. of the industrial reconstruction bank transfer of undertakings and repeal act : on such date as the central government may, by notification in the official gazette, appoint, there shall be transferred to, and vest in, the company, the undertakings of reconstruction bank. 1. 27th march, , vide notification no. s.o. 242e, dated 25th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 15. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 the industrial reconstruction bank transfer of undertakings and repeal ordinance, ord. 7 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed, shall tie deemed to have been done or taken under the corresponding provisions of this act.

section 12. of the industrial reconstruction bank transfer of undertakings and repeal act : in every act, rule or regulation in force on the appointed day, a for the words industrial reconstruction bank of india, wherever they occur, the words industrial investment bank of india limited shall be substituted b for the words reconstruction bank, wherever they occur, the words industrial investment bank shall be substituted.

section 11. of the industrial reconstruction bank transfer of undertakings and repeal act : notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian, trusts act, 2 of , the insurance act, 4 of 1. 1. the words and figures and the banking regulation act, 10 of shall be omitted by act 4 of , s. 17 and the schedule w.e.f. .

section 10. of the industrial reconstruction bank transfer of undertakings and repeal act : the company shall be deemed to be a bank for the purposes of the bankers books evidence act, .

section 13. of the industrial reconstruction bank transfer of undertakings and repeal act : 1 on the appointed day, the industrial reconstruction bank of india act, shall stand repealed. 2 notwithstanding the repeal of the industrial reconstruction bank of india act, , a the company shall, so far as may be, comply with the provisions of chapter vii of the act so repealed for any of the purposes related to the annual accounts and audit of the reconstruction bank b the provisions of chapter viii of the act so repealed will continue to be applicable in respect of the arrangements entered into by the reconstruction bank with an industrial concern under section 18 thereof up to the appointed day and the company will be entitled to act upon and enforce the same as fully and effectually as if this act had not been enacted.

section 14. of the industrial reconstruction bank transfer of undertakings and repeal act : insertion of new section 4a.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 6. of the payment of gratuity act : 1 each employee, who has completed one year of service, shall make, within such time, in such form and in such manner, as may be prescribed, nomination for the purpose of the second proviso to subsection 1 of section 4. 2 an employee may, in his nomination, distribute the amount of gratuity payable to him under this act amongst more than one nominee. 3 if an employee has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family, and any nomination made by such employee in favour of a person who is not a member of his family shall be void. 4 if at the time of making a nomination the employee has no family, the nomination may be made in favour of any person or persons but if the employee subsequently acquires a family, such nomination shall forthwith become invalid and the employee shall make, within such time as may be prescribed, a fresh nomination in favour of one or more members of his family. 5 a nomination may, subject to the provisions of subsections 3 and 4, be modified by an employee at any time, after giving to his employer a written notice in such form and in such manner as may be prescribed, of his intention to do so. 6 if a nominee predeceases the employee, the interest of the nominee shall revert to the employee who shall make a fresh nomination, in the prescribed form, in respect of such interest. 7 every nomination, fresh nomination or alteration of nomination, as the case may be, shall be sent by the employee to his employer, who shall keep the same in his safe custody

section 1. of the payment of gratuity act : show related subordinates 1 this act may be called the payment of gratuity act, . 2 it extends to the whole of india: provided that in so far as it relates to plantations or ports, it shall not extend to the state of jammu and kashmir. 3 it shall apply to a every factory, mine, oilfield, plantation, port and railway company b every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a state, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months c such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the central government may, by notification, specify in this behalf. 13a a shop or establishment to which this act has become applicable shall continue to be governed by this act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten. 4 it shall come into force on such date2 as the central government may, by notification, appoint 1. ins. by act 26 of , s. 2 w.e.f. . 2.16th september, , vide notification no. s.o. 601e, dated 16th september, , see gazette of india, extraordinary, part ii, sec. 3ii. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5. of the payment of gratuity act : 11 the appropriate government may, by notification, and subject to such conditions as may be specified in the notification, exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this act applies from the operation of the provisions of this act if, in the opinion of the appropriate government, the employees in such establishment, factory, mine, oilfield, plantation, port, railway company or shop are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this act. 22 the appropriate government may, by notification and subject to such conditions as may be specified in the notification, exempt any employee or class of employees employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to which this act applies from the operation of the provisions of this act, if, in the opinion of the appropriate government, such employee or class of employees are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this act. 33 a notification issued under subsection 1 or subsection 2 may be issued retrospectively a date not earlier than the date of commencement of this act, but no such notification shall be issued so as to prejudicially affect the interests of any person. 1. section 5 renumbered as subsection 1 thereof by act 26 of , s. 5 w.e.f. . 2. ins. by s. 5, ibid. w.e.f. . 3. ins. by act 22 of , s. 6 w.e.f. .

section 2a. of the payment of gratuity act : 12a. continuous service.for the purposes of this act, 1 an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave not being absence in respect of which an order 2 treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment, layoff, strike or a lockout or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this act 2 where an employee not being an employee employed in a seasonal establishment is not in continuous service within the meaning of clause 1, for any period of one year or six months, he shall be deemed to be in continuous service under the employer a for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than i one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week and ii two hundred and forty days, in any other case b for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than i ninetyfive days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week and ii one hundred and twenty days, in any other case. 3explanation. for the purposes of clause 2, the number of days on which an employee has actually worked under an employer shall include the days on which i he has been laidoff under an agreement or as permitted by standing orders made under the industrial employment standing orders act, 20 of , or under the industrial disputes act, 14 of , or under any other law applicable to the establishment ii he has been on leave with full wages, earned in the previous year iii he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment and iv in the case of a female, she has been on maternity leave so, however, that the total period of such maternity leave does not exceed 4such period as may be notified by the central government from time to time 3 where an employee, employed in a seasonal establishment, is not in continuous service within the meaning of clause 1, for any period of one year or six months, he shall be deemed to be in continuous service under the employer for such period if he has actually worked for not less than seventyfive per cent. of the number of days on which the establishment was in operation during such period. 1. ins. by act 26 of , s. 4 w.e.f. . 2. the words imposing a punishment or penalty or omitted by act 22 of , s. 3 w.e.f. . 3. explanation inserted by act 22 of , s. 3 w.e.f. . 4. subs. by act 12 of , s. 3, for twelve weeks w.e.f. .

section 2. of the payment of gratuity act : in this act, unless the context otherwise requires, a appropriate government means, i in relation to an establishment a belonging to, or under the control of, the central government, b having branches in more than one state, c of a factory belonging to, or under the control of, the central government, d of a major port, mine, oilfield or railway company, the central government, ii in any other case, the state government b completed year of service means continuous service for one year 1c continuous service means continuous service as defined in section 2a d controlling authority means an authority appointed by the appropriate government under section 3 2e employee means any person other than an apprentice who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this act applies, but does not include any such person who holds a post under the central government or a state government and is governed by any other act or by any rules providing for payment of gratuity f employer means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop i belonging to, or under the control of, the central government or a state government, a person or authority appointed by the appropriate government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the ministry or the department concerned, ii belonging to, or under the control of, any local authority, the person appointed by such authority for the supervision and control of employees or where no person has been so appointed, the chief executive officer of the local authority, iii in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person g factory has the meaning assigned to it in clause m of section 2 of the factories act, 63 of h family, in relation to an employee, shall be deemed to consist of i in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents 3 and the dependent parents of his wife and the widow and children of his predeceased son, if any, ii in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children of her predeceased son, if any: 4 explanation.where the personal law of an employee permits the adoption by him of a child, any child lawfully adopted by him shall be deemed to be included in his family, and where a child of an employee has been adopted by another person and such adoption is, under the personal law of the person making such adoption, lawful, such child shall be deemed to be excluded from the family of the employee i major port has the meaning assigned to it in clause 8 of section 3 of the indian ports act, 15 of j mine has the meaning assigned to it in clause j of subsection 1 of section 2 of the mines act, 35 of 5k notification means a notification published in the official gazette and the expression notified shall be construed accordingly l oilfield has the meaning assigned to it in clause e of section 3 of the oilfields regulation and development act, 53 of m plantation has the meaning assigned to it in clause f of section 2 of the plantationslabour act, 69 of n port has the meaning assigned to it in clause 4 of section 3 of the indian ports act, 15 of o prescribed means prescribed by rules made under this act p railway company has the meaning assigned to it in clause 5 of section 3 of the indian railways act, 9 of q retirement means termination of the service of an employee otherwise than on superannuation 6r superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employee shall vacate the employment s wages means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance. 1. subs. by act 26 of , s. 3, for clause c and the explanations w.e.f. . 2. subs. by act 47 of , s. 2, for clause e w.e.f. . 3. subs. by act 22 of , s. 2, for and the widow w.e.f. . 4. the proviso omitted by s. 2, ibid. w.e.f. . 5. subs. by act 12 of , s. 2, for clause k w.e.f. . 6. subs. by act 25 of , s. 2, for clause r w.e.f. .

section 7a. of the payment of gratuity act : 17a. inspectors. 1 the appropriate government may, by notification, appoint as many inspectors, as it deems fit, for the purposes of this act. 2 the appropriate government may, by general or special order, define the area to which the authority of an inspector so appointed shall extend and where two or more inspectors are appointed for the same area, also provide by such order, for the distribution or allocation of work to be performed by them under this act. 3 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. ins. by s. 5, ibid. w.e.f. .

section 3. of the payment of gratuity act : the appropriate government may, by notification, appoint any officer to be a controlling authority, who shall be responsible for the administration of this act and different controlling authorities may be appointed for different areas.

section 8. of the payment of gratuity act : if the amount of gratuity payable under this act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the collector, who shall recover the same, together with compound interest thereon 1at such rate as the central government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto: 2provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate: provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this act. 1. subs. by act 22 of , s. 8, for at the rate of nine per cent. per annum w.e.f. . 2. the provisos inserted by s. 8, ibid. w.e.f. .

section 4. of the payment of gratuity act : 1 gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, a on his superannuation, or b on his retirement or resignation, or c on his death or disablement due to accident or disease: provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: 1provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority. explanation. for the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. 2 for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by the employee concerned: provided that in the case of a piecerated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account: provided further that in the case of 2an employee who is employed in a seasonal establishment and who is not so employed throughout the year, the employer shall pay the gratuity at the rate of seven days wages for each season. 3explanation. in the case of a monthly rated employee, the fifteen days wages shall be calculated by dividing the monthly rate of wages last drawn by him by twentysix and multiplying the quotient by fifteen. 3 the amount of gratuity payable to an employee shall not exceed 45such amount as may be notified by the central government from time to time . 4 for the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced. 5 nothing in this section shall affect the right of an employee receive better terms of gratuity under any award or agreement or contract with the employer. 6 notwithstanding anything contained in subsection 1, a the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused b the gratuity payable to an employee 6may be wholly or partially forfeited i if the services of such employee have been terminated for his riotous or disorderly conduct or any other act violence on his part, or ii if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. 7 1. subs. by act 22 of , s. 4, for the second proviso w.e.f. . 2. subs. by act 25 of , s. 3, for an employee employed in a seasonal establishment w.e.f. . 3. explanation inserted by act 22 of , s. 4 w.e.f. . 4. subs. by act 15 of , s. 2, for three lakhs and fifty thousand rupees w.e.f . 5. subs. by act 12 of , s. 4, for ten lakh rupees w.e.f. . 6. subs. by act 25 of , s. 3, for shall be wholly forfeited w.e.f. . 7. subsection 7 omitted by act 34 of , s. 3 w.e.f .

section 4a. of the payment of gratuity act : 14a. compulsory insurance. 1 with effect from such date as may be notified by the appropriate government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the central government or a state government, shall, subject to the provisions of subsection 2, obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity under this act, from the life insurance corporation of india established under the life insurance corporation of india act, 31 of or any other prescribed insurer: provided that different dates may be appointed for different establishments or class of establishments or for different areas. 2 the appropriate government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement, and every employer employing five hundred or more persons who establishes an approved gratuity fund in the manner prescribed from the provisions of subsection 1. 3 for the purpose of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he has taken an insurance referred to in subsection 1 or has established an approved gratuity fund referred to in subsection 2. 4 the appropriate government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the board of trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the life insurance corporation of india or any other insurer with whom an insurance has been taken under subsection 1, or as the case may be, the board of trustees of the approved gratuity fund. 5 where an employer fails to make any payment by way of premium to the insurance referred to in subsection 1 or by way of contribution to an approved gratuity fund referred to in subsection 2, he shall be liable to pay the amount of gratuity due under this act including interest, if any, for delayed payments forthwith to the controlling authority. 6 whoever contravenes the provisions of subsection 5 shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues. explanation. in this section approved gratuity fund shall have the same meaning as in clause 5 of section 2 of the incometax act, 43 of . 1. ins. by act 22 of , s. 5.

section 7b. of the payment of gratuity act : 17b. powers of inspectors. 1 subject to any rules made by the appropriate government in this behalf, an inspector may, for the purpose of ascertaining whether any of the provisions of this act or the conditions, if any, of any exemption granted thereunder, have been complied with, exercise all or any of the following powers, namely: a require an employer to furnish such information as he may consider necessary b enter and inspect, at all reasonable hours, with such assistants if any, being persons in the service of the government or local or any public authority, as he thinks fit, any premises of or place in any factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this act, applies, for the purpose of examining any register, record or notice or other document required to be kept or exhibited under this act or the rules made thereunder, or otherwise kept or exhibited in relation to the employment of any person or the payment of gratuity to the employees, and require the production thereof for inspection c examine with respect to any matter relevant to any of the purposes aforesaid, the employer or any person whom he finds in such premises or place and who, he has reasonable cause to believe, is an employee employed therein d make copies of, or take extracts from, any register, record, notice or other document, as he may consider relevant, and where he has reason to believe that any offence under this act has been committed by an employer, search and seize with such assistance as he may think fit, such register, record, notice or other document as he may consider relevant in respect of that offence e exercise such other powers as may be prescribed. 2 any person required to produce any register, record, notice or other document or to give any information by an inspector under subsection 1 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the indian penal code 45 of . 3 the provisions of the code of criminal procedure, 2 of shall so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of that code. 1. ins. by s. 5, ibid. w.e.f. .

section 7. of the payment of gratuity act : 1 a person who is eligible for payment of gratuity under this act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity. 2 as soon as gratuity becomes payable, the employer shall, whether an application referred to in subsection 1 has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined. 13 the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. 3a if the amount of gratuity payable under subsection 3 is not paid by the employer within the period specified in subsection 3, the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the central government from time to time for repayment of longterm deposits, as that government may, by notification specify: provided that no such interest shall be payable if the delay in the payment is due to the fault of the employee and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground. 4a if there is any dispute as to the amount of gratuity payable to an employee under this act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity. 2 3b where there is a dispute with regard to any matter or matters specified in clause a, the employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute. 4c the controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the controlling authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer. 3d the controlling authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto. 4e as soon as may be after a deposit is made under clause a, the controlling authority shall pay the amount of the deposit i to the applicant where he is the employee or ii where the applicant is not the employee, to the 5nominee or, as the case may be, the guardian of such nominee or heir of the employee if the controlling authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity. 5 for the purpose of conducting an inquiry under subsection 4, the controlling authority shall have the same powers as are vested in a court, while trying a suit, under the code of civil procedure, 5 of , in respect of the following matters, namely: a enforcing the attendance of any person or examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses. 6 any inquiry under this section shall be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of . 7 any person aggrieved by an order under subsection 4 may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate government or such other authority as may be specified by the appropriate government in this behalf: provided that the appropriate government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days: 6provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under subsection 4, or deposits with the appellate authority such amount. 8 the appropriate government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify or reverse the decision of the controlling authority. 1. subs. by act 22 of , s. 7, for subsection 3 w.e.f. . 2. the explanation omitted by act 25 of , s. 4 w.e.f. . 3. ins. by s. 4, ibid. w.e.f. . 4. subs. by s. 4, ibid., for clause c w.e.f. . 5. clause c relettered as clause d thereof by s. 4, ibid. w.e.f. . 6. clause d relettered as clause e thereof by s. 4, ibid. w.e.f. . 7. subs. by act 25 of , s. 4, for nominee w.e.f. . 8. the proviso ins. by s. 4, ibid. w.e.f. .

section 9. of the payment of gratuity act : 1 whoever, for the purpose of avoiding any payment to be made by himself under this act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to 1ten thousand rupees, or with both. 2 an employer who contravenes, or makes default in complying with, any of the provisions of this act or any rule or order made thereunder shall be punishable with imprisonment for a term 2which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both: provided that where the offence relates to nonpayment of any gratuity payable under this act, the employer shall be punishable with imprisonment for a term which shall not be less than 3six months but which may extend to two years unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice. 1. subs. by s. 9, ibid., for one thousand rupees w.e.f. . 2. subs. by s. 9, ibid., for certain words w.e.f. . 3. subs. by s. 9, ibid., for three months w.e.f. .

section 14. of the payment of gratuity act : the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this act.

section 10. of the payment of gratuity act : where an employer is charged with an offence punishable under this act, he shall be entitled, upon complaint duly made by him and on giving to the complainant not less than three clear days notice in writing of his intention to do so, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court a that he has used due diligence to enforce the execution of this act, and b that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the employer and the employer shall be discharged from any liability under this act in respect of such offence: provided that in seeking to prove as aforesaid, the employer may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject to crossexamination on behalf of the person he charges as the actual offender and by the prosecutor: provided further that, if the person charged as the actual offender by the employer cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the employer and shall, if the offence be proved, convict the employer.

section 15. of the payment of gratuity act : 1 the appropriate government may, by notification, make rules for the purpose of carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 11. of the payment of gratuity act : 1 no court shall take cognizance of any offence punishable under this act save on a complaint made by or under the authority of the appropriate government: provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorisation, make such complaint to a magistrate having jurisdiction to try the offence. 2 no court inferior to that of a 1metropolitain magistrate or a judicial magistrate of the first class shall try any offence punishable under this act. 1. subs. by act 34 of , s. 4, for presidency magistrate or a magistrate of the first class w.e.f. .

section 13. of the payment of gratuity act : no gratuity payable under this act 1and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal court. 1. ins. by act 25 of , s. 6 w.e.f. .

section 12. of the payment of gratuity act : no suit or other legal proceeding shall lie against the controlling authority or any other person in respect of anything which is in good faith done or intended to be done under this act or any rule or order made thereunder.

section 7. of the muslim women protection of rights on divorce act : every application by a divorced woman under section 125 or under section 127 of the code of criminal procedure, 2 of pending before a magistrate on the commencement of this act, shall, notwithstanding anything contained in that code and subject to the provisions of section 5 of this act, be disposed of by such magistrate in accordance with the provisions of this act.

section 1. of the muslim women protection of rights on divorce act : 1 this act may be called the muslim women protection of rights on divorce act, . 2 it extends to the whole of india 1. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 2. of the muslim women protection of rights on divorce act : in this act, unless the context otherwise requires, a divorced woman means a muslim woman who was married according to muslim law, and has been divorced by, or has obtained divorce from, her husband in accordance with muslim law b iddat period means, in the case of a divorced woman, i three menstrual courses after the date of divorce, if she is subject to menstruation ii three lunar months after her divorce, if she is not subject to menstruation and iii if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier c magistrate means a magistrate of the first class exercising jurisdiction under the code of criminal procedure, 2 of in the area where the divorced woman resides d prescribed means prescribed by rules made under this act.

section 6. of the muslim women protection of rights on divorce act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the foregoing power, such rules may provide for a the form of the affidavit or other declaration in writing to be filed under section 5 b the procedure to be followed by the magistrate in disposing of applications under this act, including the serving of notices to the parties to such applications, dates of hearing of such applications and other matters c any other matter which is required to be or may be prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 4. of the muslim women protection of rights on divorce act : 1 notwithstanding anything contained in the foregoing provisions of this act or in any other law for the time being in force, where a magistrate is satisfied that a divorced woman has not remarried and is not able to maintain herself after the iddat period, he may make an order directing such of her relatives as would be entitled to inherit her property on her death according to muslim law to pay such reasonable and fair maintenance to her as he may determine fit and proper, having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of such relatives and such maintenance shall be payable by such relatives in the proportions in which they would inherit he property and at such periods as he may specify in his order: provided that where such divorced woman has children, the magistrate shall order only such children to pay maintenance to her, and in the event of any such children being unable to pay such maintenance, the magistrate shall order the parents of such divorced woman to pay maintenance to her: provided further that if any of the parents is unable to pay his or her share of the maintenance ordered by the magistrate on the ground of his or her not having the means to pay the same, the magistrate may, on proof of such inability being furnished to him, order that the share of such relatives in the maintenance ordered by him be paid by such of the other relatives as may appear to the magistrate to have the means of paying the same in such proportions as the magistrate may think fit to order. 2 where a divorced woman is unable to maintain herself and she has no relatives as mentioned in subsection 1 or such relatives or any one of them have not enough means to pay the maintenance ordered by the magistrate or the other relatives have not the means to pay the shares of those relatives whose shares have been ordered by the magistrate to be paid by such other relatives under the second proviso to subsection 1, the magistrate may, by order, direct the state wakf board established under section 9 of the wakf act, 29 of , or under any other law for the time being in force in a state, functioning in the area in which the woman resides, to pay such maintenance as determined by him under subsection 1 or, as the case may be, to pay the shares of such of the relatives who are unable to pay, at such periods as he may specify in his order.

section 3. of the muslim women protection of rights on divorce act : 1 notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to a a reasonable and fair provision and maintenance to be made and paid to her within the idda tperiod by her former husband b where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children c an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to muslim law and d all the properties given to her before or at the time of marriage or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends. 2 where a reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made or paid or the properties referred to in clause d of subsection 1 have not been delivered to a divorced woman on her divorce, she or any one duly authorised by her may, on her behalf, make an application to a magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be. 3 where an application has been made under subsection 2 by a divorced woman, the magistrate may, if he is satisfied that a her husband having sufficient means, has failed or neglected to make or pay her within the iddat period a reasonable and fair provision and maintenance for her and the children or b the amount equal to the sum of mahr or dower has not been paid or that the properties referred to in clause d of subsection 1 have not been delivered to her, make an order, within one month of the date of the filing of the application, directing her former husband to pay such reasonable and fair provision and maintenance to the divorced woman as he may determine as it and proper having regard to the needs of the divorced woman, the standard of life enjoyed by her during her marriage and the means of her former husband or, as the case may be, for the payment of such mahr or dower or the delivery of such properties referred to in clause d of subsection 1 the divorced woman: provided that if the magistrate finds it impracticable to dispose of the application within the said period, he may, for reasons to be recorded by him, dispose of the application after the said period. 4 if any person against whom an order has been made under subsection 3 fails without sufficient cause to comply with the order, the magistrate may issue a warrant for levying the amount of maintenance or mahr or dower due in the manner provided for levying fines under the code of criminal procedure, 2 of , and may sentence such person, for the whole or part of any amount remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one year or until payment if sooner made, subject to such person being heard in defence and the said sentence being imposed according to the provisions of the said code.

section 5. of the muslim women protection of rights on divorce act : if on the date of the first hearing of the application under subsection 2 of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the code of criminal procedure, 2 of , and file such affidavit or declaration in the court hearing the application, the magistrate shall dispose of such application accordingly. explanation.for the purposes of this section, date of the first hearing of the application means the date fixed in the summons for the attendance of the respondent to the application.

section 8. of the lalit kala akadami taking over of management act : show related subordinates any person who, a having in his possession or custody or under his control any property forming part of the society, wrongfully withholds such property from the administrator or any person authorised under this act, or b wrongfully obtains possession of any such property, or c wilfully retains, or fails to deliver, any property forming part of the society or removes or destroys it, or d wilfully withholds or fails to account for any books, papers, works of art or other documents which may be in his possession or custody or under his control to the administrator or any person authorised under this act, or e fails, without any reasonable cause, to furnish information or particulars as provided in subsection 6 of section 4, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 1. of the lalit kala akadami taking over of management act : show related subordinates 1 this act may be called the lalit kala akadami taking over of management act, . 2 it shall be deemed to have come into force on the 24th day of january, .

section 2. of the lalit kala akadami taking over of management act : show related subordinates in this act, unless the context otherwise requires, a administrator means a person appointed as the administrator under section 4 b prescribed means prescribed by rules made under this act c societies registration act means the societies registration act, 21 of , as in force in the national capital territory of delhi d society means the lalit kala akadami being a society registered under the societies registration act. e words and expressions used herein and not defined, but defined in the societies registration act shall have the meanings respectively assigned to them in that act.

section 3. of the lalit kala akadami taking over of management act : show related subordinates 1 on and from the commencement of this act, and for a period of three years thereafter, the management of the society shall vest in the central government: provided that if the central government is of opinion that in order to secure the proper management of the society, it is expedient that such management should continue to vest in the central government after the expiry of the said period of three years, it may, from time to time, issue directions for the continuance of such management for such period, not exceeding one year at a time, as it may think fit so, however, that the total period for which such management shall continue to vest in the central government shall not, in any case, exceed five years. 2 the management of the society shall be deemed to include management of all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works of art, workshops, projects, stores, instruments, library, machinery automobile and other vehicles, cash balances, reserve funds, investments and book debts and all other rights and interests arising out of such property as were immediately before the commencement of this act in the ownership, possession, power or control of the society, and all such books of account, registers, maps, plans and all other documents of whatever nature relating thereto. 3 any contracts, whether express or implied, or other arrangement, in so far as it relates to the management of the society and affairs of the society and in force immediately before the commencement of this act shall be deemed to have terminated on such commencement. 4 all persons in charge of the management of the society, including persons holding offices as chairman, vicechairman, secretary or honorary secretary, as the case may be, and members of the general council, executive board, finance committee and all other committees of the society immediately before the commencement of this act shall be deemed to have vacated their offices as such on such commencement.

section 7. of the lalit kala akadami taking over of management act : show related subordinates 1 notwithstanding anything contained in the societies registration act or in the memorandum and rules and regulations of the society, but subject to the provisions of subsection 2 of section 6, so long as the management of the society remains vested in the central government. a it shall not be lawful for the members of the society or any other person to nominate or appoint any person to be a member of the general council of the society b no resolution passed at any meeting of the members of the society or at any meeting of the general council of the society, on or after the commencement of this act, shall be given effect to unless approved by the central government c no proceeding for the dissolution of the society or for the merger with any other society or for the appointment of a receiver in respect of its administration shall lie in any court except with the consent of the central government. 2 subject to the provisions contained in subsection 1 and subject to such other exceptions, restrictions and limitations, if any, as may be prescribed, the societies registration act shall continue to apply to the society in the same manner as it applied thereto before the commencement of this act.

section 9. of the lalit kala akadami taking over of management act : show related subordinates 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly provided that nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 5. of the lalit kala akadami taking over of management act : show related subordinates notwithstanding anything contained in any law for the time being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in subsection 3 of section 3 or who ceases to hold any office by reason of the provisions contained in subsection 4 of that section, shall be entitled to claim any compensation for the premature termination of the contract of administration or other arrangement or for the loss of his office.

section 10. of the lalit kala akadami taking over of management act : show related subordinates in computing the period of limitation prescribed by any law for the time being in force for any suit or application against any person by the society in respect of any matter arising out of any transaction in relation to its management, the time during which this act is in force shall be excluded.

section 4. of the lalit kala akadami taking over of management act : show related subordinates 1 the central government shall, as from the commencement of this act, appoint a person as the administrator of the society for the purpose of taking over the administration thereof and the administrator shall carry on the management of the society for and on behalf of the central government. 2 subject to the supervision, control and directions of the administrator, the functions of the finance committee of the society, before the commencement of this act, shall be exercised by an officer of the central government, to be appointed by that government. 3 the central government may issue such directions including directions as to initiating, defending or continuing any legal proceedings before any court, tribunal or other authority to the administrator as to his powers and duties as that government may deem desirable and the administrator may apply to the central government at any time for instructions as to the manner in which he shall conduct the management of the society or in relation to any matter arising in the course of such management. 4 subject to the other provisions of this act and the rules made thereunder and to the control of the central government, the administrator shall be entitled, notwithstanding anything contained in the societies registration act or any other law for the time being in force, to exercise, in relation to the management of the society, the powers of the general council, or, as the case may be, the executive board, including the powers to dispose of any property or assets of such society, whether such powers are derived under any law for the time being in force or from the memorandum and rules and regulations of the society or from any other source. 5 every person having possession, custody or control of any property forming part of the society shall deliver forthwith such property to the administrator. 6 any person who, on the commencement of this act has in his possession or under his control any books, papers, works of art or other documents relating to management of the society, including the minutes books containing the resolutions of the persons in charge of the management of the society before the commencement of this act, the current cheque books relating to the management of the society, any letters, memoranda, notes or other communications between him and the society shall, notwithstanding anything contained in any other law for the time being in force, be liable to account for the books, papers, works of art and other documents including such minutes books, cheque books, letters, memoranda, notes or other communications to the administrator. 7 any person in charge of the administration of the society immediately before the commencement of this act shall, within ten days from that day or within such further period as the central government may allow in this behalf, furnish to the administrator a complete inventory of all the properties and assets including particulars of book debts and investments and belongings forming part of the society immediately before the commencement of this act, and of all the liabilities and obligations of the society, in relation to its administration, subsisting immediately before such commencement, and also of all agreements entered into by the society in relation to its administration and in force immediately before such commencement. 8 the administrator shall receive from the funds of the society such remuneration as the central government may fix.

section 6. of the lalit kala akadami taking over of management act : show related subordinates 1 notwithstanding anything contained in subsection 1 ofsection 3, if, at any time before the expiry of the period referred to in that subsection, it appears to the central government that the purposes of the vesting of the management of the society in that government have been fulfilled or that for any other reason it is not necessary that the management of the society should remain vested in that government, it may, by order published in the official gazette, relinquish the management of the society with effect from such date as may be specified in the order. 2 on and from the date specified under subsection 1, the administration of the society shall vest in the general council of the society and such management shall be carried on in accordance with the provisions of the societies registration act so, however, that the steps, if any, in relation to the management of the society may be taken after the publication of the order under subsection 1.

section 11. of the lalit kala akadami taking over of management act : show related subordinates the provisions of this act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this act or in any instrument having effect by virtue of any law other than this act or in any decree or order of any court.

section 16. of the lalit kala akadami taking over of management act : show related subordinates 1 the lalit kala akadami taking over of management ordinance, ord. 10 of is hereby repealed. 2 notwithstanding the repeal of the lalit kala akadami taking over of management ordinance, ord. 10 of , anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 12. of the lalit kala akadami taking over of management act : show related subordinates 1 no suit, prosecution or other legal proceeding shall lie against the administrator or any officer of the central government or any other person for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or the administrator or any officer of the central government or any other person for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 13. of the lalit kala akadami taking over of management act : show related subordinates 1 if the central government is satisfied, after such inquiry as it may think fit, that any contract or agreement entered into at any time within one year immediately preceding the commencement of this act, between the society and any other person, in so far as such contract or agreement relates to the management of the society, has been entered into in bad faith, or is detrimental to the interests of the society, it may make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose such contract or agreement and thereafter the contract or agreement shall have effect accordingly: provided that no contract or agreement shall be cancelled or varied except after giving to the parties to the contract or agreement a reasonable opportunity of being heard. 2 any person aggrieved by an order under subsection 1 may make an application to the high court at delhi for the variation or reversal of such order and thereupon such court may confirm, modify or reverse such order.

section 14. of the lalit kala akadami taking over of management act : show related subordinates if the administrator is of opinion that any contract of employment entered into by the society in relation to its management, at any time before the commencement of this act, is unduly onerous, he may, by giving to the employee one months notice in writing or the salary or wages for one month in lieu thereof, terminate such contract of employment.

section 15. of the lalit kala akadami taking over of management act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or bothhouses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the lotteries regulation act : the offence under this act shall be cognizable and nonbailable.

section 1. of the lotteries regulation act : 1 this act may be called the lotteries regulation act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 2nd day of october, .

section 2. of the lotteries regulation act : in this act, unless there is anything repugnant in the subject or context, a bumper draw of a lottery means a special draw of lottery conducted on or during any festival or other special occasion wherein the prize money offered is greater than the prize money offered in the case of other ordinary draw of lotteries b lottery means a scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasing tickets c prescribed means prescribed by rules made under this act.

section 7. of the lotteries regulation act : 1 where a lottery is organised, conducted or promoted after the date on which this act receives the assent of the president, in contravention of the provisions of this act, by any department of the state government, the head of the department shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both: provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the contravention was committed without his knowledge or that he exercised all due diligence to prevent the commission of such contravention. 2 notwithstanding anything contained in subsection 1, where a contravention under this act has been committed by a department of government and it is proved that the contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that contravention and shall be liable to be proceeded against and punished accordingly. 3 if any person acts as an agent or promoter or trader in any lottery organised, conducted or promoted in contravention of the provisions of this act or sells, distributes or purchases the ticket of such lottery, he shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both.

section 4. of the lotteries regulation act : a state government may organise, conduct or promote a lottery, subject to the following conditions, namely: a prizes shall not be offered on any preannounced number or on the basis of a single digit b the state government shall print the lottery tickets bearing the imprint and logo of the state in such manner that the authenticity of the lottery ticket is ensured c the state government shall sell the tickets either itself or through distributors or selling agents d the proceeds of the sale of lottery tickets shall be credited into the public account of the state e the state government itself shall conduct the draws of all the lotteries f the prize money unclaimed within such time as may be prescribed by the state government or not otherwise distributed, shall become the property of that government g the place of draw shall be located within the state concerned h no lottery shall have more than one draw in a week i the draws of all kinds of lotteries shall be conducted between such period of the day as may be prescribed by the state government j the number of bumper draws of a lottery shall not be more than six in a calendar year k such other conditions as may be prescribed by the central government.

section 9. of the lotteries regulation act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 3. of the lotteries regulation act : save as otherwise provided in section 4, no state government shall organise, conduct or promote any lottery.

section 6., of lottery. of the lotteries regulation act : show related subordinates the central government may, by order published in the official gazette, prohibit a lottery organised, conducted or promoted in contravention of the provisions of section 4 or where tickets of such lottery are sold in contravention of the provisions of section 5.

section 5. of the lotteries regulation act : a state government may, within the state, prohibit the sale of tickets of a lottery organised, conducted or promoted by every other state.

section 13. of the lotteries regulation act : 1 the lotteries regulation ordinance, ord. 6 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 10. of the lotteries regulation act : the central government may give directions to the state government as to carrying into execution in the state of any of the provisions of this act or of any rule or order made thereunder.

section 11. of the lotteries regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 every rule made by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 12. of the lotteries regulation act : 1 the state government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a time to be fixed for claiming prize money under clause f of section 4 b period to be fixed for draws of all lotteries under clause i of section 4 and c any other matter which is required to be, or may be, prescribed. 3 every rule made by the state government under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or where such legislature consists of one house, before that house.

section 8. of the antiquities and art treasures act : show related subordinates 1 on receipt of an application for the grant of a licence under section 7, the licensing officer may, after holding such inquiry as he deems fit, grant a licence to the applicant having regard to the following factors, namely: a the experience of the applicant with respect to trade in antiquities b the village, town or city where the applicant intends to carry on business c the number of persons already engaged in the business of selling, or offering for sale of, antiquities in the said village, town or city and d such other factors as may be prescribed: provided that no licence shall be granted to the applicant if he is convicted of an offence punishable under the antiquities export control act, 31 of unless a period of ten years has elapsed since the date of the conviction. 2 every licence granted under this section shall be on payment of such fees as may be prescribed. 3 every licence granted under this section shall be for such period, subject to such conditions and in such form and shall contain such particulars, as may be prescribed. 4 no application for the grant of a licence made under section 7 shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter

section 1. of the antiquities and art treasures act : show related subordinates 1 this act may be called the antiquities and art treasures act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and for different states and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision 1. 5th april, , vide notification no. g.s.r. 279e, dated 5th april, , except the state of sikkim, see gazette of india, part ii, sec. 3i. 1st june, , vide notification no. g.s.r. 312e, dated 15th may, in respect of the state of sikkim, the provisions of ss. 2, 3, 4, 19, 20, 22, 24, subsection 1 of s. 25, subsection 1 of s. 26 and ss. 27, 28, 29, 30 and 31, see gazette of india, part ii, sec. 3i

section 2. of the antiquities and art treasures act : show related subordinates 1 in this act, unless the context otherwise requires, a antiquity includes 1 i any coin, sculpture, painting, epigraph or other work of art or craftsmanship ii any article, object or thing detached from a building or cave iii any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages iv any article, object or thing of historical interest v any article, object or thing declared by the central government, by notification in the official gazette, to be an antiquity for the purposes of this act, which has been in existence for not less than one hundred years and ii any manuscript, record or other document which is of scientific, historical, literary or aesthetic value and which has been in existence for not less than seventyfive years b art treasure means any human work of art, not being an antiquity, declared by the central government by notification in the official gazette, to be an art treasure for the purposes of this act having regard to its artistic or aesthetic value: provided that no declaration under this clause shall be made in respect of any such work of art so long as the author thereof is alive c export means taking out of india to a place outside india d licensing officer means an officer appointed as such under section 6 e registering officer means an officer appointed as such under section 15 f prescribed means prescribed by rules made under this act. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 7. of the antiquities and art treasures act : show related subordinates 1 any person desiring to carry on, himself or by any other person on his behalf, the business of selling or offering to sell antiquities may make an application for the grant of a licence to the licensing officer having jurisdiction. 2 every application under subsection 1 shall be made in such form and shall contain such particulars as may be prescribed.

section 5. of the antiquities and art treasures act : show related subordinates 1as from the date of expiry of a period of six months from the commencement of this act no person shall, himself or by any other person on his behalf, carry on the business of selling or offering to sell any antiquity except under and in accordance with the terms and conditions of a licence granted under section 8. explanation.in this section and in sections 7, 8, 12, 13, 14, 17 and 18 antiquity does not include ancient and historical records other than those declared by or under law made by parliament, to be of national importance. 1. subs. by act 82 of , s. 2, for on and from the expiry of a period of two months of the commencement of this act w.e.f. .

section 10. of the antiquities and art treasures act : show related subordinates 1 every holder of a licence granted under section 8 or renewed under section 9 shall maintain such records, photographs and registers, in such manner and containing such particulars, as may be prescribed. 2 every record, photograph and register maintained under subsection 1 shall, at all reasonable times, be open to inspection by the licensing officer or by any other gazetted officer of government authorised in writing by the licensing officer in this behalf.

section 3. of the antiquities and art treasures act : show related subordinates 1 on and from the commencement of this act, it shall not be lawful for any person, other than the central government or any authority or agency authorized by the central government in this behalf, to export any antiquity or art treasure. 2 whenever the central government or any authority or agency referred to in subsection 1 intends to export any antiquity or art treasure such export shall be made only under and in accordance with the terms and conditions of a permit issued for the purpose by such authority as may be prescribed

section 4. of the antiquities and art treasures act : show related subordinates the customs act, , shall have effect in relation to all antiquities and art treasures, the export of which by any person other than the central government or any authority or agency authorized by the central government is prohibited under section 3 save in so far as that act is inconsistent with the provisions of this act and except that notwithstanding anything contained in section 125 of that act any confiscation authorized under that act shall be made unless the central government on an application made to it in this behalf, otherwise directs

section 12. of the antiquities and art treasures act : show related subordinates notwithstanding anything contained in section 5, any person whose licence has been revoked under section 11 may, after making a declaration before the licensing officer, within such period, in such form and in such manner, as may be prescribed, of all the antiquities in his ownership, control or possession immediately before such revocation, sell such antiquities to any other person holding a valid licence under this act: provided that no such antiquity shall be sold after the expiry of a period of six months from the date of revocation of the licence.

section 6. of the antiquities and art treasures act : show related subordinates the central government may, by notified order, a appoint such persons, being gazetted officers of government, as it thinks fit, to be licensing officers for the purposes of this act b define the limits of the area within which a licensing officer shall exercise the powers conferred on licensing officers by or under this act.

section 9. of the antiquities and art treasures act : show related subordinates 1 a licence granted under section 8 may, on an application made by the licensee, be renewed by the licensing officer for such period and on payment of such fees as may be prescribed. 2 no application made under this section shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter. rules yeardescriptionfiles the antiquities and art treasures rules,

section 11. of the antiquities and art treasures act : show related subordinates 1 if the licensing officer is satisfied either on a reference made to him in this behalf or otherwise that a a licence granted under section 8 has been obtained by misrepresentation of an essential fact, or b the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence. 2 subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 8.

section 20. of the antiquities and art treasures act : show related subordinates 1 where any antiquity or art treasure is compulsorily acquired under section 19, there shall be paid compensation, the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say, a where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement b where no such agreement can be reached, the central government shall appoint as arbitrator a person who is, or has been, or is qualified for appointment as, a judge of a high court c the central government may, in any particular case, nominate a person having expert knowledge as to the nature of the antiquity or art treasure compulsorily acquired to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose d at the commencement of the proceedings before the arbitrator, the central government and the person to be compensated shall state what, in their respective opinion, is a fair amount of compensation e the arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid and in making the award he shall have regard to the circumstances of each case and the provisions of subsection 2 f where there is any dispute as to the person or persons who are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled to compensation, he shall apportion the amount thereof amongst such persons g nothing in the arbitration act, 10 of shall apply to arbitration under this section. 2 while determining the compensation under subsection 1, the arbitrator shall have regard to the following factors, namely: i the date or the period to which the antiquity or art treasure belongs ii the artistic, aesthetic, historical, architectural, archaeological or anthropological importance of the antiquity or art treasure iii the rarity of the antiquity or art treasure iv such other matters as are relevant to the dispute. 3 the arbitrator appointed under subsection 1, while holding arbitration proceedings under this section, shall have all the powers of a civil court, while trying a suit, under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commissions for the examination of witnesses

section 14. of the antiquities and art treasures act : show related subordinates 1 the central government may, from time to time, by notification in the official gazette, specify those antiquities which shall be registered under this act. 2 in specifying the antiquities under subsection 1, the central government shall have regard to the following factors, namely: i the necessity for conserving the objects of art ii the need to preserve such objects within india for the better appreciation of the cultural heritage of india iii such other factors as will, or are likely to, contribute to the safeguarding of the cultural heritage of india. 3 every person who owns, controls or is in possession of any antiquity specified in the notification issued under subsection 1 shall register such antiquity before the registering officer a in the case of a person who owns, controls or possesses such antiquity on the date of issue of such notification, within three months of such date and b in the case of any other person, within fifteen days of the date on which he comes into ownership, control or possession of such antiquity, and obtain a certificate in token of such registration

section 13. of the antiquities and art treasures act : show related subordinates 1 if the central government is of opinion that with a view to conserving antiquities or in the public interest it is necessary or expedient so to do, it may, by notification in the official gazette, declare that with effect on and from such date as may be specified in the notification, the central government or any authority or agency authorised by the central government in this behalf shall alone be entitled to carry on the business of selling or offering for sale of antiquities. 2 on the issue of a notification under subsection 1, a it shall not be lawful for any person, authority or agency, other than the central government or any authority or agency authorized by the central government, to carry on the business of selling or offering for sale any antiquity on and from the date specified therein b the provisions of this act, in so far as they relate to the licensing of persons carrying on the business of selling or offering for sale of antiquities shall cease to have effect except as respects things done or omitted to be done before such cesser of operation and section 6 of the general clauses act, 10 of shall apply upon such cesser of operation as if those provisions had been repealed by a central act: provided that every licence granted under section 8 and in force on the date aforesaid shall, notwithstanding that the period specified therein has not expired, cease to be in force. 3 every person whose licence has ceased to be in force under the proviso to clause b of subsection 2 shall, within such period, in such form and in such manner as may be prescribed, make a declaration before the licensing officer of all the antiquities in his ownership, control or possession immediately before the date specified in the notification issued under subsection 1. rules yeardescriptionfiles the antiquities and art treasures rules,

section 15. of the antiquities and art treasures act : show related subordinates the central government may, by notified order, a appoint such persons, as it thinks fit, to be registering officers for the purposes of this act and b define the limits of the area within which a registering officer shall exercise the powers conferred on registering officers by or under this act. rules yeardescriptionfiles the antiquities and art treasures rules,

section 16. of the antiquities and art treasures act : show related subordinates 1 every person required to register any antiquity before the registering officer under section 14 shall make an application to the registering officer for the grant of a certificate of registration. 2 every application under subsection 1 1shall, in the case of such antiquities or class of antiquities as the central government may, by notification in the official gazette, specify, be accompanied by such photographs of the antiquity which is to be registered and by such number of copies, not exceeding six, as may be prescribed and shall be made in such form and shall contain such particulars as may be prescribed. 3 on receipt of an application under subsection 1, the registering officer may, after holding such inquiry as he deems fit, grant a certificate of registration containing such particulars as may be prescribed. 4 no application made under this section shall be rejected unless the applicant has been given a reasonable opportunity of being heard in the matter. 1. subs. by act 82 of , s. 3, for shall be accompanied w.e.f. .

section 19. of the antiquities and art treasures act : show related subordinates 1 if the central government is of opinion that it is desirable to preserve any antiquity or art treasure in a public place, that government may make an order for the compulsory acquisition of such antiquity or art treasure. 2 on the making of an order under subsection 1 the collector of the district in which such antiquity or art treasure is kept shall give notice to the owner thereof intimating him of the decision of the central government to acquire the same and it shall be lawful for the collector to take possession of such antiquity or art treasure, for which purpose the collector may use such force as may be necessary. 3 where the owner of any antiquity or art treasure the possession of which has been taken over by the collector under subsection 2 objects to the taking over of such possession, he may, within a period of thirty days from the date on which such possession was taken over, make a representation to the central government putting forth his objections: provided that the central government may entertain the representation after the expiry of the said period of thirty days, if it is satisfied that the owner of such antiquity or art treasure was prevented by sufficient cause from making the representation in time. 4 on receipt of any representation under subsection 3, the central government, after making such inquiry as it deems fit and after giving to the objector an opportunity of being heard in the matter, shall, within a period of ninety days from the date of receipt of the representation, either rescind or confirm the order made by it under subsection 1. 5 where any order made by the central government under subsection 1 is rescinded under subsection 4 the antiquity or art treasure shall be returned to the owner thereof without delay and at the expense of the central government. 6 where the order made by the central government under subsection 1 is confirmed under subsection 4 the antiquity or art treasure shall vest in the central government with effect from the date on which the possession thereof has been taken over by the collector under subsection 2. 7 the power of compulsory acquisition conferred by this section shall not extend to any object, being an antiquity or art treasure, used for bona fide religious observances. explanation.in this section, public place means any place which is open to the use of the public, whether on payment of fees or not, or whether it is actually used by the public or not.

section 17., of antiquities to be intimated to the registering officer. of the antiquities and art treasures act : show related subordinates whenever any person transfers the ownership, control or possession of any antiquity specified in any notification issued under subsection 1 of section 14 such person shall intimate, within such period and in such form as may be prescribed, the fact of such transfer to the registering officer. rules yeardescriptionfiles the antiquities and art treasures rules,

section 18. of the antiquities and art treasures act : show related subordinates nothing in section 14 or section 16 or section 17 shall apply to any antiquity kept i in a museum or ii in an office or iii in an archive or iv in an educational or cultural institution, owned, controlled or managed by the government 1or by any local authority or by any such body as the central government may, for reasons to be recorded in writing, approve for the purpose of this section by general or special order. 4. ins. by act 82 of , s. 4 w.e.f. . rules yeardescriptionfiles the antiquities and art treasures rules,

section 21. of the antiquities and art treasures act : show related subordinates 1 any person aggrieved by a decision of a licensing officer under section 8 or section 9 or section 11 or by a decision of a registering officer under section 16 may, within thirty days from the date on which the decision is communicated to him, prefer an appeal to such authority as may be prescribed: provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders as it deems fit

section 28. of the antiquities and art treasures act : show related subordinates 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 22. of the antiquities and art treasures act : show related subordinates any person aggrieved by an award of the arbitrator made under section 20 may, within thirty days from the date on which the award is communicated to him, prefer an appeal to the high court within whose jurisdiction he resides: provided that the high court may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by a sufficient cause from filing the appeal in time

section 23. of the antiquities and art treasures act : show related subordinates 1 any person, being an officer of government, authorized in this behalf by the central government, may, with a view to securing compliance with the provisions of this act or to satisfying himself that the provisions of this act have been complied with i enter and search any place ii seize any antiquity or art treasure in respect of which he suspects that any provision of this act has been, is being, or is about to be, contravened and thereafter take all measures necessary for securing the production of the antiquity or art treasure so seized in a court and for its safe custody, pending such production. 2 the provisions of sections 102 and 103 of the code of criminal procedure, 5 of relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.

section 24., is antiquity or art treasure. of the antiquities and art treasures act : show related subordinates if any question arises whether any article, object or thing or manuscript, record or other document is or is not an antiquity or is or is not an art treasure for the purposes of this act, it shall be referred to the director general, archaeological survey of india, or to an officer not below the rank of a director in the archaeological survey of india authorized by the director general, archaeological survey of india and the decision of the director general, archaeological survey of india or such officer, as the case may be, on such question shall be final.

section 29. of the antiquities and art treasures act : show related subordinates no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government for anything which is in good faith done or is intended to be done under this act.

section 25. of the antiquities and art treasures act : show related subordinates 1 if any person, himself or by any other person on his behalf, exports or attempts to export any antiquity or art treasure in contravention of section 3, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 52 of as applied by section 4, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. 2 if any person contravenes the provisions of section 5 or section 12 or subsection 2 or subsection 3 of section 13 or section 14 or section 17, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both and the antiquity in respect of which the offence has been committed shall be liable to confiscation. 3 if any person prevents any licensing officer from inspecting any record, photograph or register maintained under section 10 or prevents any officer authorized by the central government under subsection 1 of section 23 from entering into or searching any place under that subsection, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both

section 26. of the antiquities and art treasures act : show related subordinates 1 no prosecution for an offence under subsection 1 of section 25 shall be instituted except by or with the sanction of such officer of government as may be prescribed in this behalf. 2 no court shall take cognizance of an offence punishable under subsection 2 or subsection 3 of section 25 except upon complaint in writing made by an officer generally or specially authorized in this behalf by the central government. 3 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 27. of the antiquities and art treasures act : show related subordinates notwithstanding anything contained in section 32 of the code of criminal procedure, 5 of , it shall be lawful for any presidency magistrate or any magistrate of the first class to pass any sentence under this act in excess of his power under section 32 of the said code.

section 30. of the antiquities and art treasures act : show related subordinates the provisions of this act shall be in addition to, and not in derogation of, the provisions of the ancient monuments preservation act, 7 of or the ancient monuments and archaeological sites and remains act, 24 of , or any other law for the time being in force.

section 33. of the antiquities and art treasures act : show related subordinates in the ancient monuments and archaeological sites and remains act, , i in section 1, for subsection 2, the following subsection shall be substituted, namely: 2 it extends to the whole of india. ii after section 2, the following section shall be inserted, namely: 2a. construction of references to any law not in force in the state of jammu and kashmir. any reference in this act to any law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state. iii in section 23, a in subsections 2 and 4, for the words compulsory purchase, the words compulsory acquisition shall be substituted b in subsection 3, for the words compulsory purchase of any such antiquities at their market value, the words compulsory acquisition of any such antiquities shall be substituted iv in section 26, a in subsection 1, for the words compulsory purchase of such antiquity at its market value, the words compulsory acquisition of such antiquity and for the words to be purchased, the words to be acquired shall be substituted b in subsections 2 and 3, for the words compulsory purchase, the words compulsory acquisition shall be substituted v in section 28, for subsection 2, the following subsection shall be substituted, namely: 2 for every antiquity in respect of which an order for compulsory acquisition has been made under subsection 3 of section 23 or under subsection 1 of section 26, there shall be paid compensation and the provisions of sections 20 and 22 of the antiquities and art treasures act, shall, so far as may be, apply in relation to the determination and payment of such compensation as they apply in relation to the determination and payment of compensation for any antiquity or art treasure compulsorily acquired under section 19 of that act.. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 31. of the antiquities and art treasures act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the authority for issue of permit under subsection 2 of section 3 b the form in which an application for the grant of a licence may be made under subsection 1 of section 7 and the particulars which such application shall contain c the factors to which regard may be had while granting a licence under subsection 1 of section 8 d the fees on payment of which, the period for which, the conditions subject to which and the form in which a licence may be granted under subsection 1 of section 8 and the particulars which such licence shall contain e the fees on payment of which and the period for which a licence may be renewed under subsection 1 of section 9 f the records, photographs and registers which are to be maintained under section 10 and the manner in which such records, photographs and registers shall be maintained and the particulars which such records, photographs and registers shall contain g the nature of the photographs of the antiquity and the number of copies thereof which shall accompany an application for the grant of a certificate of registration to be made under subsection 1 of section 16 and the form in which such application may be made and the particulars which such application shall contain h the particulars which a certificate of registration granted under subsection 3 of section 16 shall contain i the authority to which an appeal may be preferred under subsection 1 of section 21 and j any other matter which has to be or may be prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

section 32. of the antiquities and art treasures act : show related subordinates 1 the antiquities export control act, 3 of is hereby repealed. 2 for the removal of doubts it is hereby declared that every licence issued under section 3 of the act repealed under subsection 1 and in force at the commencement of this act shall, notwithstanding that the period specified therein has not expired, cease to be in force.

section 7. of the national institute of pharmaceutical education and research act : the functions of the institute shall be i to nurture and promote quality and excellence in pharmaceutical education and research ii to concentrate on courses leading to masters degree, doctoral and postdoctoral courses and research in pharmaceutical education iii to hold examinations and grant degrees iv to confer honorary awards or other distinctions v to cooperate with educational or other institutions having objects wholly or partly similar to those of the institute by exchange of faculty members and scholars and generally in such manner as may be conducive to their common objective vi to conduct courses for teachers, pharmaceutical technologists, community and hospital pharmacists and other professionals vii to collect and maintain world literature on pharmaceutical and related sciences and technology so as to develop an information centre of its own kind for other institutions within the country and in the developing world viii to create a central faculty of pharmaceutical instrumentation and analysis for use by the researchers within and outside the institute ix to have a centre to experiment and innovate and to train teachers and other workers in the art or science of pharmaceutical teaching x to develop a world level centre for creation of new knowledge and transmission of existing information in pharmaceutical areas, with focus on national, educational, professional and industrial commitments xi to develop a multidisciplinary approach in carrying out research and training of pharmaceutical manpower so that the larger interests of the profession, academia and pharmaceutical industry are better served and a pharmaceutical work culture is evolved which is in tune with the changing world trends and patterns of pharmaceutical education and research xii to organise national or international symposia, seminars and conferences in selected areas of pharmaceutical education, from time to time xiii to arrange courses catering to the special needs of the developing countries xiv to act as a nucleus for interaction between academic and industry by encouraging exchange of scientist and other technical staff between the institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the institute and xv to pay due attention to studies on the distribution and usage of drugs by the rural masses, taking into account the socioeconomic spectrum in the country.

The National Institute of Pharmaceutical Education and Research Act, 1998

section 1. of the national institute of pharmaceutical education and research act : show related subordinates 1 this act may be called the national institute of pharmaceutical education and research act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 1. 8th july, , vide notification no. s.o. e, dated 7th july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the national institute of pharmaceutical education and research act : whereas the objects of the institution known as the national institute of pharmaceutical education and research, sector67, s.a.s. nagar mohali, district ropar, punjab are such as to make the institution one of national importance, it is hereby declared that the institution known as the national institute of pharmaceutical education and research is an institution of national importance.

section 6. of the national institute of pharmaceutical education and research act : on and from the appointed day, a any reference to the society in any contract or other instrument shall be deemed as a reference to the institute b all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute and c every person employed by the society immediately before the appointed day shall hold office or service in the institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and condition are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months remuneration in the case of permanent employee and one months remuneration in the case of other employee.

section 4. of the national institute of pharmaceutical education and research act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint, the national institute of pharmaceutical education and research shall be constituted as a body corporate by the name aforesaid. 2 the institute shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued. 1 2a the central government may, by notification in the official gazette, establish similar institutes in different parts of the country. 3 the institute shall consist of the board of governors having the following persons, namely: a a chairperson, who shall be an eminent academician, scientist or technologist or professional, to be nominated by the visitor b the director of the institute, ex officio c the joint secretary, incharge of pharmaceutical industries in the concerned ministry or department of the government of india, ex officio 2 d the secretary, technical education, government of the state within which the institute is situated, ex officio e the financial adviser of the ministry or department of the government of india dealing with the pharmaceutical industries, ex officio f the drug controller general of india, ministry of health and family welfare of the government of india, ex officio g the member secretary, allindia council for technical education, ex officio h the director of any one of the national laboratories of the council of scientific and industrial research to be nominated by the director general of council of scientific and industrial research, new delhi i the director of either the allindia institute of medical sciences, new delhi or the postgraduate institute of medical education and research, chandigarh, to be nominated by rotation by the ministry of health and family welfare of the government of india j the president, indian drugs manufacturers association, ex officio 1 ja a representative of the pharmacy council of india k the president, organisation of pharmaceutical producers of india, ex officio l three eminent pharmaceutical experts, one of whom shall be an educationist, a research scientist and a biotechnologist, to be nominated by the central government m three eminent public persons or social workers one of whom shall be either from the scheduled castes or the scheduled tribes to be nominated by the visitor out of a panel prepared by the central government n two pharmaceutical industrialists to be nominated by the visitor out of a panel prepared by the central government o three members of parliament, two from lok sabha to be nominated by the speaker of lok sabha and one from rajya sabha to be nominated by the chairman of rajya sabha. 4 the term of office of the chairperson and governors other than ex officio governors shall be three years and they shall be entitled for such allowances as may be determined by the central government: 3 provided that the term of office of a member nominated under clause o of subsection 3 shall come to an end as soon as he becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states, or ceases to be a member of the house from which he was nominated. 5 the term of office of governor nominated to fill a casual vacancy shall continue for the remainder of the term of the governor in whose place he has been nominated. 6 the board shall meet at least three times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings as may be determined by the board. 1. ins. by act 19 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for clause d w.e.f. . 3. ins. by act 28 of , s. 2 w.e.f. .

section 3. of the national institute of pharmaceutical education and research act : in this act, unless the context otherwise requires, a appointed day means the date of establishment of the national institute of pharmaceutical education and research under subsection 1 of section 4 b board means the board of governors of the institute constituted under subsection 3 of section 4 c chairperson means the chairperson of the institute nominated under clause a of subsection 3 of section 4 d dean means the dean of the institute appointed under section 17 e director means the director of the institute appointed under section 16 f fund means the fund of the institute to be maintained under section 21 1 g institute means a national institute of pharmaceutical education and research established under subsection 1 or subsection 2a of section 4 h senate means the senate of the institute referred to in section 13 i society means the national institute of pharmaceutical education and research society, sector67, s.a.s. nagar mohali, district ropar, punjab registered under the societies registration act, 21 of j statutes and ordinances mean the statutes and the ordinances of the institute made under this act. 1. subs. by act 19 of , s. 2, for clause g w.e.f. .

section 5. of the national institute of pharmaceutical education and research act : on and from the appointed day, subject to the other provisions of this act, all properties which had vested in the society, immediately before the commencement of this act, shall, on and from such commencement, vest in the institute.

section 4a. of the national institute of pharmaceutical education and research act : 1 4a. centres of institute.an institute, with the prior approval of the central government, may, by notification in the official gazette, establish one or more centres in different locations within its jurisdiction. 1. ins. by act 19 of , s. 4 w.e.f.

section 8. of the national institute of pharmaceutical education and research act : 1 subject to the provisions of this act, the board shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate. 2 without prejudice to the provisions of subsection 1, the board shall a take decisions on questions of policy relating to the administration and working of the institute b fix, demand and receive fees and other charges c supervise and control the residence and regulate the discipline of students of the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life d institute academic and other posts and to make appointments thereto except in the case of the director e frame statutes and ordinances and to alter, modify or rescind the same f institute and award fellowship, scholarship, prizes and medals g consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the institute for the next financial year as it thinks fit together with a statement of its development plans and h do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers. 3 the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act. 4 notwithstanding anything contained in subsection 2 of section 4, the board shall not dispose of in any manner any immovable property without the prior approval of the central government.

section 9. of the national institute of pharmaceutical education and research act : 1 the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever. 2 no bequest, donation or transfer of any property shall be accepted by the institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of this section.

section 10. of the national institute of pharmaceutical education and research act : all teaching at the institute shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalf.

section 11. of the national institute of pharmaceutical education and research act : 1 the president of india shall be the visitor of the institute. 2 the visitor may appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct. 3 upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions.

section 12. of the national institute of pharmaceutical education and research act : the following shall be the other authorities of the institute, namely: a a senate b such other authorities as may be declared by the statutes to be the authorities of the institute.

section 13. of the national institute of pharmaceutical education and research act : the senate of the institute shall consist of the following persons, namely: a the director, ex officio, who shall be the chairperson of the senate b the dean, ex officio c five professors of the institute, to be nominated by the chairperson in consultation with the director, by rotation d three persons, not being employees of the institute, to be nominated by the chairperson in consultation with the director, from among educationists of repute, one each from the fields of science, engineering and humanities and one of them shall be either from the scheduled castes or from the scheduled tribes and e such other members of the staff as may be laid down in the statutes.

section 17. of the national institute of pharmaceutical education and research act : 1 the dean of the institute shall be appointed on such terms and conditions as may be laid down by the statutes and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or the director. 2 the dean shall report to the director.

section 14. of the national institute of pharmaceutical education and research act : subject to the provisions of this act, the statutes and the ordinances, the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes.

section 16. of the national institute of pharmaceutical education and research act : 1 the director of the institute shall be appointed by the board with the prior approval of the visitor. 2 the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration and academic performance of the institute and for imparting of instruction and maintenance of discipline therein. 3 the director shall submit annual reports and accounts to the board. 4 the director shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or the ordinances.

section 15. of the national institute of pharmaceutical education and research act : 1 the chairperson shall ordinarily preside at the meetings of the board and at the convocations of the institute. 2 it shall be the duty of the chairperson to ensure that the decisions taken by the board are implemented. 3 the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes.

section 19. of the national institute of pharmaceutical education and research act : the powers and duties of authorities and officers, other than those hereinbefore mentioned, shall be determined by the statutes.

section 18. of the national institute of pharmaceutical education and research act : 1 the registrar of the institute shall be appointed on such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge. 2 the registrar shall act as the secretary of the board, the senate and such committees as may be prescribed by the statutes. 3 the registrar shall be responsible to the director for the proper discharge of his functions. 4 the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or the director.

section 20. of the national institute of pharmaceutical education and research act : for the purpose of enabling the institute to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit.

section 21. of the national institute of pharmaceutical education and research act : 1 the institute shall maintain a fund to which shall be credited a all moneys provided by the central government b all fees and other charges c all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and d all moneys received by the institute in any other manner or from any other source. 2 all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide. 3 the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act.

section 22. of the national institute of pharmaceutical education and research act : notwithstanding anything contained in section 21, the central government may direct the institute to a set up an endowment fund and any other fund for specified purpose b transfer money from its fund to endowment fund or any other fund.

section 25. of the national institute of pharmaceutical education and research act : all appointments of the staff of the institute, except that of the director, shall be made in accordance with the procedure laid down in the statutes a by the board, if the appointment is made on the academic staff in the post of assistant professor or above or if the appointment is made on the nonacademic staff in any cadre, the maximum of the payscale for which is the same or higher than that of assistant professor and b by the director, in any other case.

section 24. of the national institute of pharmaceutical education and research act : show related subordinates 1 the institute shall constitute, for the benefit of its employees, including the director, in such manner and subject to such conditions as may be prescribed by the statutes, such pension, insurance and provident funds as it may deem fit. 2 where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of shall apply to such fund as if it were a government provident fund.

section 23. of the national institute of pharmaceutical education and research act : 1 the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balancesheet, in such form as may be specified, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the institute shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute. 4 the accounts of the institute as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament

section 28. of the national institute of pharmaceutical education and research act : show related subordinates subject to the provisions of this act and the statutes, the ordinances of the institute may provide for all or any of the following matters, namely: a the admission of the students to the institute b the reservation for the scheduled castes, the scheduled tribes and other categories of person c the courses of study to be laid down for all degrees of the institute d the conditions under which students shall be admitted to the degree courses and to the examinations of the institute and shall be eligible for degrees e the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes f the conditions and mode of appointment and duties of examining bodies, examiners and moderators g the conduct of examinations h the maintenance of discipline among the students of the institute i the fees to be charged for courses of study in the institute and for admission to the examinations of degrees of the institute j the conditions of residence of students of the institute and the levying of the fees for residence in the halls and hostels and of other charges and k any other matter which by this act or the statutes is to be, or may be, provided for by the ordinances.

section 26. of the national institute of pharmaceutical education and research act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the formation of departments of teaching b the institution of fellowships, scholarships, exhibitions, medals and prizes c the classification, the method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the institute d the reservation of posts for the scheduled castes, the scheduled tribes and other categories of persons as may be determined by the central government, from time to time e the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the institute f the constitution, powers and duties of the authorities of the institute g the establishment and maintenance of halls and hostels h the manner of filling vacancies among members of the board i the authentication of the orders and decisions of the board j the meetings of the senate, the quorum at such meetings and the procedure to be followed in the conduct of their business and k any other matter which by this act is to be, or may be, prescribed by the statutes

section 27. of the national institute of pharmaceutical education and research act : show related subordinates 1 the first statutes of the institute shall be framed by the board with the previous approval of the visitor and a copy of the same shall be laid as soon as may be before each house of parliament. 2 the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided. 3 a new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold assent or remit it to the board for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor.

section 29. of the national institute of pharmaceutical education and research act : show related subordinates 1 save as otherwise provided in this section, ordinances shall be made by the senate. 2 all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next succeeding meeting. 3 the board shall have power by resolution to modify or cancel any such ordinances and such ordinances shall from the date of such resolution stand modified accordingly or cancelled, as the case may be.

section 36. of the national institute of pharmaceutical education and research act : show related subordinates 1 every statute or ordinance made under this act shall be published in the official gazette. 2 every statute or ordinance made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute or ordinance. 3 the power to make the statutes or the ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act to the statutes or the ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statute or ordinance may be applicable.

section 30. of the national institute of pharmaceutical education and research act : 1 any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor. 2 the decision of the tribunal of arbitration shall be final and shall not be questioned in any court. 3 no suit or proceeding shall lie in any court in respect of any matter which is required by subsection 1 to be referred to the tribunal of arbitration. 4 the tribunal of arbitration shall have power to regulate its own procedure. 5 nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.

section 32., by institute. of the national institute of pharmaceutical education and research act : notwithstanding anything contained in the university grants commission act, 3 of or in any other law for the time being in force, the institute shall have power to grant degrees and other academic distinctions and titles under this act.

section 31. of the national institute of pharmaceutical education and research act : no act of the institute or board or senate or any other body set up under this act or the statutes, shall be invalid merely by reason of a any vacancy in, or defect in, the constitution thereof, or b any defect in the election, nomination or appointment of person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 33. of the national institute of pharmaceutical education and research act : whenever the institute receives funds from any government, the university grants commission or any other agency sponsoring a scheme to be executed by the institute, notwithstanding anything in this act, a the amount received shall be kept by the institute separately from the fund of the institute and utilised only for the purpose of the scheme b the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation: provided that any money remaining unutilised under clause a shall be transferred to the endowment fund created under section 22 of this act.

section 34. of the national institute of pharmaceutical education and research act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions or give such directions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of two years from the appointed day. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 35. of the national institute of pharmaceutical education and research act : notwithstanding anything contained in this act, a the board of governors of the society functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for the institute under this act, but on the constitution of a new board under this act, the members of the board holding office before such constitution shall cease to hold office b until the first statutes and the ordinances are made under this act, the statutes and the ordinances of the national institute of pharmaceutical education and research, sector67, s.a.s. nagar mohali, district ropar, punjab as in force, immediately before the commencement of this act, shall continue to apply to the institute in so far as they are not inconsistent with the provisions of this act.

section 37. of the national institute of pharmaceutical education and research act : 1 the national institute of pharmaceutical education and research ordinance, ord. 9 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under this act.

section 8. of the telecom regulatory authority of india act : show related subordinates 1 the authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings as may be provided by regulations. 2 the chairperson or, if for any reason, he is unable to attend a meeting of the authority, vicechairperson and in his absence, any other member chosen by the members present from amongst themselves at the meeting shall presided at the meeting. 3 all questions which come up before any meeting of the authority shall be decided by a majority vote of the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding, shall have a second or casting vote. 4 the authority may make regulations for the transaction of business at its meetings.

section 1. of the telecom regulatory authority of india act : show related subordinates 1 this act may be called the telecom regulatory authority of india act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 25th day of january, .

section 2. of the telecom regulatory authority of india act : show related subordinates 1 in this act, unless the context otherwise requires, a appointed day means the date with effect from which the authority is established under subsection 1 of section 3 1aa appellate tribunal means the telecom disputes settlement and appellate tribunal established under section 14 b authority means the telecom regulatory authority of india established under subsection 1 of section 3 c chairperson means the chairperson of the authority appointed under subsection 3 of section 3 d fund means the fund constituted under subsection 1 of section 22 e licensee means any person licensed under subsection 1 of section 4 of the indian telegraph act, 13 of for providing specified public telecommunication services 1ea licensor means the central government or the telegraph authority who grants a licence under section 4 of the indian telegraph act, 13 of f member means a member of the authority appointed under subsection 3 of section 3 and includes the chairperson and the vicechairperson g notification means a notification published in the official gazette h prescribed means prescribed by rules made under this act i regulations means regulations made by the authority under this act j service provider means the 2government as a service provider and includes a licensee k telecommunication service means service of any description including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone services which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electromagnetic means but shall not include broadcasting services. 3provided that the central government may notify other service to be telecommunication service including broadcasting services. 2 words and expressions used and not defined in this act but defined in the indian telegraph act, 13 of or the indian wireless telegraphy act, 17 of , shall have the meanings respectively assigned to them in those acts. 3 any reference in this act to a law which is not in force in the state of jammu and kashmir shall in relation to that state be construed as a reference to the corresponding law, if any, in that state. 1. ins. by s. 3, ibid. w.e.f. . 2. subs. by s. 3, ibid., for government w.e.f. . 3. ins. by act 2 of , s. 3 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the telecom regulatory authority of india act : 1 the central government may remove from office any member, who, a has been adjudged an insolvent or b has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or c has become physically or mentally incapable of acting as a member or d has acquired such financial or other interest as is likely to affect prejudicially his functions as a member or e has so abused his position as to render his continuance in office prejudicial to the public interest. 12 no such member shall be removed from his office under clause d or clause e of subsection 1 unless he has been given a reasonable opportunity of being heard in the matter. 1 subs. by act 2 of , s. 7, for subsections 2 and 3 w.e.f. .

section 5., of chairperson and other members. of the telecom regulatory authority of india act : show related subordinates 1 before appointing any person as the chairperson or member, the central government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member. 12 the chairperson and other members shall hold office for a term not exceeding three years, as the central government may notify in this behalf, from the date on which they enter upon their offices or until they attain the age of sixtyfive years, whichever is earlier. 3 on the commencement of the telecom regulatory authority of india amendment act, 2 of , a person appointed as chairperson of the authority and every other person appointed as member and holding office as such immediately before such commencement shall vacate their respective offices and such chairperson and such other members shall be entitled to claim compensation not exceeding three months pay and allowances for the premature termination of the term of their offices or of any contract of service. 4 the employee of the government on his 2selection as the chairperson or wholetime member shall have to retire from service before 3joining as the chairperson or a wholetime member, as the case may be. 5 the salary and allowances payable to and the other terms and conditions of service of the chairperson and 4wholetime members shall be such as may be prescribed. 6 the salary, allowances and other conditions of service of the chairperson or of a member shall not be varied to his disadvantage after appointment. 56a the parttime members shall receive such allowances as may be prescribed. 7 notwithstanding anything contained in subsection 2 6, a member may a relinquish his office by giving in writing to the central government notice of not less than three months or b be removed from his office in accordance with the provisions of section 7. 78 the chairperson and the wholetime members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept a any employment either under the central government or under any state government or b any appointment in any company in the business of telecommunication services. 9 a vacancy caused to the office of the chairperson or any other member shall be filled up within a period of three months from the date on which such vacancy occurs. 8 1 subs. by s. 6, ibid., for subsections 2 and 3 w.e.f. . 2 subs. by s. 6, ibid., for selection as member w.e.f. . 3 subs. by s. 6, ibid., for joining as member w.e.f. . 4 subs. by act 2 of , s. 6, for other members w.e.f. . 5 ins. by s. 6, ibid. w.e.f. . 6. the words, brackets and figure or subsection 3 omitted by s. 6, ibid. w.e.f. . 7 subs. by act 20 of , s. 2, for subsection 8 w.e.f. . 8. the explanation omitted by s. 2, ibid. w.e.f. .

section 9., not to invalidate proceedings of authority. of the telecom regulatory authority of india act : no act or proceeding of the authority shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the authority or b any defect in the appointment of a person acting as a member of the authority or c any irregularity in the procedure of the authority not affecting the merits of the case.

section 4. of the telecom regulatory authority of india act : 14. qualifications for appointment of chairperson and other members. the chairperson and other members of the authority shall be appointed by the central government from amongst persons who have special knowledge of, and professional experience in, telecommunication, industry, finance, accountancy, law, management or consumer affairs: provided that a person who is, or has been, in the service of government shall not be appointed as a member unless such person has held the post of secretary or additional secretary, or the post of additional secretary and secretary to the government of india or any equivalent post in the central government or the state government for a period of not less than three years. 1 . subs. by s. 5, ibid., for section 4 w.e.f. .

section 3. of the telecom regulatory authority of india act : 1 with effect from such date as the central government may, by notification appoint, there shall be established, for the purposes of this act, an authority to be called the telecom regulatory authority of india. 2 the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 13 the authority shall consist of a chairperson, and not more than two wholetime members and not more than two parttime members, to be appointed by the central government. 4 the head office of the authority shall be at new delhi. 1 subs. by s. 4, ibid., for subsection 3 w.e.f. .

section 10. of the telecom regulatory authority of india act : show related subordinates 1 the authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this act. 2 the salary and allowances payable to and the other conditions of service of the officers and other employees of the authority appointed under subsection 1 shall be such as may be 1prescribed: 2provided that any regulation, in respect of the salary and allowances payable to and other conditions of service of the officers and other employees of the authority, made before the commencement of the telecom regulatory authority of india amendment act, 2 of , shall cease to have effect immediately on the notification of rules made under clause ca of subsection 2 of section 35. 1 subs. by act 2 of , s. 8, for determined by regulations w.e.f. . 2 ins. by s. 8, ibid. w.e.f. .

section 6. of the telecom regulatory authority of india act : 1 the chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the authority and he shall, in addition to presiding over the meetings of the authority, exercise and discharge such powers and functions of the authority and shall discharge such other powers and functions as may be prescribed. 2 the central government may appoint one of the members to be a vicechairperson of the authority who shall exercise and discharge such powers and functions of the chairperson as may be prescribed or as may be delegated to him by the authority.

section 14d. of the telecom regulatory authority of india act : 114d. term of office. the chairperson and every other member of the appellate tribunal shall hold office as such for a term not exceeding three years from the date on which he enters upon his office: provided that no chairperson or other member shall hold office as such after he has attained, a in the case of chairperson, the age of seventy years b in the case of any other member, the age of sixtyfive years. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 11. of the telecom regulatory authority of india act : show related subordinates 11 notwithstanding anything contained in the indian telegraph act, 13 of , the functions of the authority shall be to a make recommendations, either suo motu or on a request from the licensor, on the following matters, namely: i need and timing for introduction of new service provider ii terms and conditions of licence to a service provider iii revocation of license for noncompliance of terms and conditions of licence iv measures to facilitate competition and promote efficiency in the operation of telecommunication services so as to facilitate growth in such services v technological improvements in the services provided by the service providers vi type of equipment to be used by the service providers after inspection of equipment used in the network vii measures for the development of telecommunication technology and any other matter relatable to telecommunication industry in general viii efficient management of available spectrum b discharge the following functions, namely: i ensure compliance of terms and conditions of licence ii notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the telecom regulatory authority of india amendment act, 2 of , fix the terms and conditions of interconnectivity between the service providers iii ensure technical compatibility and effective interconnection between different service providers iv regulate arrangement amongst service providers of sharing their revenue derived from providing telecommunication services v laydown the standards of quality of service to be provided by the service providers and ensure the quality of service and conduct the periodical survey of such service provided by the service providers so as to protect interest of the consumers of telecommunication service vi laydown and ensure the time period for providing local and long distance circuits of telecommunication between different service providers vii maintain register of interconnect agreements and of all such other matters as may be provided in the regulations viii keep register maintained under clause vii open for inspection to any member of public on payment of such fee and compliance of such other requirement as may be provided in the regulations ix ensure effective compliance of universal service obligations c levy fees and other charges at such rates and in respect of such services as may be determined by regulations d perform such other functions including such administrative and financial functions as may be entrusted to it by the central government or as may be necessary to carry out the provisions of this act: provided that the recommendations of the authority specified in clause a of this subsection shall not be binding upon the central government: provided further that the central government shall seek the recommendations of the authority in respect of matters specified in subclauses i and ii of clause a of this subsection in respect of new licence to be issued to a service provider and the authority shall forward its recommendations within a period of sixty days from the date on which that government sought the recommendations: provided also that the authority may request the central government to furnish such information or documents as may be necessary for the purpose of making recommendations under subclauses i and ii of clause a of this subsection and that government shall supply such information within a period of seven days from receipt of such request: provided also that the central government may issue a licence to a service provider if no recommendations are received from the authority within the period specified in the second proviso or within such period as may be mutually agreed upon between the central government and the authority: provided also that if the central government, having considered that recommendation of the authority, comes to a prima facie conclusion that such recommendation cannot be accepted or needs modifications, it shall refer the recommendation back to the authority for its reconsideration, and the authority may, within fifteen days from the date of receipt of such reference, forward to the central government its recommendation after considering the reference made by that government. after receipt of further recommendation if any, the central government shall take a final decision. 2 notwithstanding anything contained in the indian telegraph act, 13 of , the authority may, from time to time, by order, notify in the official gazette the rates at which the telecommunication services within india and outside india shall be provided under this act including the rates at which messages shall be transmitted to any country outside india: provided that the authority may notify different rates for different persons or class of persons for similar telecommunication services and where different rates are fixed as aforesaid the authority shall record the reasons therefor. 3 while discharging its functions 2under subsection 1 or subsection 2, the authority shall not act against the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality. 4 the authority shall ensure transparency while exercising its powers and discharging its functions. 1 subs. by s. 9, ibid., for subsection 1 w.e.f. . 2 subs. by act 2 of , s. 9, for under subsection 1 w.e.f. .

section 12. of the telecom regulatory authority of india act : 1 where the authority considers it expedient so to do, it may, by order in writing, a call upon any service provider at any time to furnish in writing such information or explanation relating to its affairs as the authority may require or b appoint one or more persons to make an inquiry in relation to the affairs of any service provider and c direct any of its officers or employees to inspect the books of account or other documents of any service provider. 2 where any inquiry in relation to the affairs of a service provider has been undertaken under subsection 1, a every officer of the government department, if such service provider is a department of the government b every director, manager, secretary or other officer, if such service provider is a company or c every partner, manager, secretary or other officer, if such service provider is a firm or d every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses b and c, shall be bound to produce before the authority making the inquiry, all such books of account or other documents in his custody or power relating to, or having a bearing on the subjectmatter of such inquiry and also to furnish to the authority with any such statement or information relating thereto, as the case may be, required of him, within such time as may be specified. 3 every service provider shall maintain such books of account or other documents as may be prescribed. 4 the authority shall have the power to issue such directions to service providers as it may consider necessary for proper functioning by service providers.

section 13. of the telecom regulatory authority of india act : the authority may, for the discharge of its functions under subsection 1 of section 11, issue such directions from time to time to the service providers, as it may consider necessary: 1provided that no direction under subsection 4 of section 12 or under this section shall be issued except on the matters specified in clause b of subsection 1 of section 11. 1 ins. by s. 10, ibid. w.e.f. .

section 14c. of the telecom regulatory authority of india act : 114c. qualifications for appointment of chairperson and members. a person shall not be qualified for appointment as the chairperson or a member of the appellate tribunal unless he a in the case of chairperson, is, or has been, a judge of the supreme court or the chief justice of a high court b in the case of a member, has held the post of secretary to the government of india or any equivalent post in the central government or the state government for a period of not less than two years or a person who is well versed in the field of technology, telecommunication, industry, commerce or administration. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14a. of the telecom regulatory authority of india act : 114a. application for settlement of disputes and appeals to appellate tribunal. 1 the central government or a state government or a local authority or any person may make an application to the appellate tribunal for adjudication of any dispute referred to in clause a of section 14. 2 the central government or a state government or a local authority or any person aggrieved by any direction, decision or order made by the authority may prefer an appeal to the appellate tribunal. 3 every appeal under subsection 2 shall be preferred within a period of thirty days from the date on which a copy of the direction or order or decision made by the authority is received by the central government or the state government or the local authority or the aggrieved person and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain any appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an application under subsection 1 or an appeal under subsection 2, the appellate tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. 5 the appellate tribunal shall send a copy of every order made by it to the parties to the dispute or the appeal and to the authority, as the case may be. 6 the application made under subsection 1 or the appeal preferred under subsection 2 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application or appeal finally within ninety days from the date of receipt of application or appeal, as the case may be: provided that where any such application or appeal could not be disposed of within the said period of ninety days, the appellate tribunal shall record its reasons in writing for not disposing of the application or appeal within that period. 7 the appellate tribunal may, for the purpose of examining the legality or propriety or correctness of any dispute made in any application under subsection 1 or of any direction or order or decision of the authority referred to in the appeal preferred under subsection 2, on its own motion or otherwise, call for the records relevant to disposing of such application or appeal and make such orders as it thinks fit. 1 subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14f. of the telecom regulatory authority of india act : 114f. vacancies. if, for reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14b. of the telecom regulatory authority of india act : 114b. composition of appellate tribunal. 1 the appellate tribunal shall consist of a chairperson and not more than two members to be appointed, by notification, by the central government. 2 the selection of chairperson and members of the appellate tribunal shall be made by the central government in consultation with the chief justice of india. 3 subject to the provisions of this act, a the jurisdiction of the appellate tribunal may be exercised by the benches thereof b a bench may be constituted by the chairperson of the appellate tribunal with one or two members of such tribunal as the chairperson may deem fit c the benches of the appellate tribunal shall ordinarily sit at new delhi and at such other places as the central government may, in consultation with the chairperson of the appellate tribunal, notify d the central government shall notify the areas in relation to which each bench of the appellate tribunal may exercise its jurisdiction. 4 notwithstanding anything contained in subsection 2, the chairperson of the appellate tribunal may transfer a member of such tribunal from one bench to another bench. 5 if at any stage of the hearing of any case or matter it appears to the chairperson or a member of the appellate tribunal that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson to such bench as the chairperson may deem fit. 1 subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14. of the telecom regulatory authority of india act : 1the central government shall, by notification, establish an appellate tribunal to be known as the telecom disputes settlement and appellate tribunal to a adjudicate any dispute i between a licensor and a licensee ii between two or more service providers iii between a service provider and a group of consumers: provided that nothing in this clause shall apply in respect of matters relating to a the monopolistic trade practice, restrictive trade practice and unfair trade practice which are subject to the jurisdiction of the monopolies and restrictive trade practices commission established under subsection 1 of section 5 of the monopolies and restrictive trade practices act, 54 of b the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act, 68 of c the dispute between telegraph authority and any other person referred to in subsection 1 of section 7b of the indian telegraph act, 13 of b hear and dispose of appeal against any direction, decision or order of the authority under this act. 2c exercise jurisdiction, powers and authority conferred on i the appellate tribunal under the information technology act, 21 of and ii the appellate tribunal under the airports economic regulatory authority of india act, 27 of . 1 subs. by s. 11, ibid., for chapter iv w.e.f. . 2. ins. by act 7 of , s. 168 w.e.f. .

section 14e. of the telecom regulatory authority of india act : 114e. terms and conditions of service. the salary and allowances payable to and the other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the chairperson or a member of the appellate tribunal shall be varied to his disadvantage after appointment. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14h. of the telecom regulatory authority of india act : 1 the central government shall provide the appellate tribunal with such officers and employees as it may deem fit. 2 the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairperson. 3 the salaries and allowances and other conditions of service of the officers and employees of the appellate tribunal shall be such as may be prescribed. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14g. of the telecom regulatory authority of india act : 114g. removal and resignation.1 the central government may remove from office, the chairperson or any member of the appellate tribunal, who a has been adjudged an insolvent or b has been convicted of an offence which, in the opinion of the central government, involves moral turpitude or c has become physically or mentally incapable of acting as the chairperson or a member or d has acquired such financial or other interest as is likely to affect prejudicially his functions as the chairperson or a member or e has so abused his position as to render his continuance in office prejudicial to the public interest. 2 notwithstanding anything contained in subsection 1, the chairperson or a member of the appellate tribunal shall not be removed from his office on the ground specified in clause d or clause e of that subsection unless the supreme court on a reference being made to it in this behalf by the central government, has, on an enquiry, held by it in accordance with such procedure as it may specify in this behalf, reported that the chairperson or a member ought on such ground or grounds to be removed. 3 the central government may suspend from office, the chairperson or a member of the appellate tribunal in respect of whom a reference has been made to the supreme court under subsection 2, until the central government has passed an order on receipt of the report of the supreme court on such reference. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14ga.qualifications, terms and conditions of service of chairperson and member. of the telecom regulatory authority of india act : 114ga. qualifications, terms and conditions of service of chairperson and member. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairperson and member appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act and the rules made there under as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 168 w.e.f. . 2. subs. by act 33 of , s. 20, for part xiv of chapter vi of the finance act, , shall be governed by the provisions of section 184 of that act w.e.f. .

section 14i. of the telecom regulatory authority of india act : 114i. distribution of business amongst benches.where benches are constituted, the chairperson of the appellate tribunal may, from time to time, by notification, make provisions as to the distribution of the business of the appellate tribunal amongst the benches and also provide for the matters which may be dealt with by each bench. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14j. of the telecom regulatory authority of india act : 114j. power of chairperson to transfer cases. on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson of the appellate tribunal may transfer any case pending before one bench, for disposal, to any other bench. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 15.civil court not to have jurisdiction of the telecom regulatory authority of india act : 115. civil court not to have jurisdiction. no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14k.decision to be by majority of the telecom regulatory authority of india act : 114k. decision to be by majority. if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson of the appellate tribunal who shall hear the point or points himself and such point or points shall be decided according to the opinion of the majority who have heard the case, including those who first heard it. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14l., to be public servants. of the telecom regulatory authority of india act : 114l. members, etc., to be public servantsthe chairperson, members and other officers and employees of the appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 17. of the telecom regulatory authority of india act : 117. right to legal representation. the applicant or appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal. explanation. for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14n. of the telecom regulatory authority of india act : 114n. transfer of appeals. 1 all appeals pending before the high court immediately before the commencement of the telecom regulatory authority of india amendment act, 2 of , shall stand transferred to the appellate tribunal on its establishment under section 14. 2 where any appeal stands transferred from the high court to the appellate tribunal under subsection 1, a the high court shall, as soon as may be after such transfer, forward the records of such appeal to the appellate tribunal and b the appellate tribunal may, on receipt of such records, proceed to deal with such appeal, so far as may be from the stage which was reached before such transfer or from any earlier stage or de novo as the appellate tribunal may deem fit. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 14m. transfer of pending cases of the telecom regulatory authority of india act : 114m. transfer of pending cases. all applications, pending for adjudication of disputes before the authority immediately before the date of establishment of the appellate tribunal under this act, shall stand transferred on that date to such tribunal: provided that all disputes being adjudicated under the provisions of chapter iv as it stood immediately before the commencement of the telecom regulatory authority of india amendment act, 2 of , shall continue to be adjudicated by the authority in accordance with the provisions contained in that chapter, till the establishment of the appellate tribunal under this act: provided further that all cases referred to in the first proviso shall be transferred by the authority to the appellate tribunal immediately on its establishment under section 14. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 16. procedure and powers of appellate tribunal of the telecom regulatory authority of india act : 116. procedure and powers of appellate tribunal. 1 the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act, the appellate tribunal shall have powers to regulate its own procedure. 2 the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or a copy of such record or document, from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing an application for default or deciding it, ex parte h setting aside any order of dismissal of any application for default or any order passed by it, ex parte and i any other matter which may be prescribed. 3 every proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 18. of the telecom regulatory authority of india act : 118. appeal to supreme court. 1 notwithstanding anything contained in the code of civil procedure, 5 of , or in any other law, an appeal shall lie against any order, not being an interlocutory order, of the appellate tribunal to the supreme court on one or more of the grounds specified in section 100 of that code. 2 no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties. 3 every appeal under this section shall be preferred within a period of ninety days from the date of the decision or order appealed against: provided that the supreme court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 25. of the telecom regulatory authority of india act : 1 the central government may, from to time to time, issue to the authority such directions as it may think necessary in the interest of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality. 2 without prejudice to the foregoing provisions, the authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 3 the decision of the central government whether a question is one of policy or not shall be final.

section 19. orders passed by appellate tribunal to be executable as a decree of the telecom regulatory authority of india act : 119. orders passed by appellate tribunal to be executable as a decree. 1 an order passed by the appellate tribunal under this act shall be executable by the appellate tribunal as a decree of civil court, and for this purpose, the appellate tribunal shall have all the powers of a civil court. 2 notwithstanding anything contained in subsection 1, the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 20. of the telecom regulatory authority of india act : 120. penalty for wilful failure to comply with orders of appellate tribunal. if any person wilfully fails to comply with the order of the appellate tribunal, he shall be punishable with fine which may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which such default continues. 1. subs. by s. 11, ibid., for chapter iv w.e.f. .

section 26. of the telecom regulatory authority of india act : all members, officers and other employees of the authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 21. of the telecom regulatory authority of india act : the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as are required to pay salaries and allowances payable to the chairperson and the members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the authority.

section 22. of the telecom regulatory authority of india act : 1 there shall be constituted a fund to be called the telecom regulatory authority of india general fund and there shall be credited thereto a all grants, fees and charges received by the authority under this act and b all sums received by the authority from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a the salaries and allowances payable to the chairperson and members and the administrative expenses including the salaries, allowances and pension payable to or in respect of officers and other employees of the authority and b the expenses on objects and for purposes authorised by this act.

section 27. of the telecom regulatory authority of india act : no civil court shall have jurisdiction in respect of any matter which the authority is empowered by or under this act to determine.

section 23. of the telecom regulatory authority of india act : show related subordinates 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such auditor shall be payable by the authority to the comptroller and auditorgeneral of india. 1explanation. for the removal of doubts, it is hereby declared that the decisions of the authority taken in the discharge of its functions under clause b of subsection 1 and subsection 2 of section 11 and section 13, being matters appealable to the appellate tribunal, shall not be subject to audit under this section. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. 1 ins. by act 2 of , s. 12 w.e.f. .

section 24., to central government. of the telecom regulatory authority of india act : 1 the authority shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the telecommunication services, as the central government may from time to time, require. 2 the authority shall prepare once every year in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be after it is received, before each house of parliament.

section 29.penalty for contravention of directions of authority of the telecom regulatory authority of india act : if a person violates directions of the authority, such person shall be punishable with fine which may extend to one lakh rupees and in case of second or subsequent offence with fine which may extend to two lakh rupees and in the case of continuing contravention with additional fine which may extend to two lakh rupees for every day during which the default continues.

section 35. of the telecom regulatory authority of india act : show related subordinates 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the salary and allowances payable to and the other conditions of service of the chairperson and members under subsection 5 of section 5 1aa the allowances payable to the parttime members under subsection 6a of section 5 b the powers and functions of the chairperson under subsection 1 of section 6 c the procedure for conducting an inquiry made under subsection 2 of section 7 2ca the salary and allowances and other conditions of service of officers and other employees of the authority under subsection 2 of section 10 d the category of books of account or other documents which are required to be maintained under subsection 3 of section 12 2da the form, the manner of its verification and the fee under subsection 3 of section 14a db the salary and allowances payable to and other terms and conditions of service of the chairperson and other members of the appellate tribunal under section 14e dc the salary and allowances and other conditions of service of the officers and employees of the appellate tribunal under subsection 3 of section 14h dd any other power of a civil court required to be prescribed under clause i of subsection 2 of section 16 e the period within which an application is to be made under subsection 1 of section 15 f the manner in which the accounts of the authority shall be maintained under subsection 1 of section 23 g the time within which and the form and manner in which returns and report are to be made to the central government under subsections 1 and 2 of section 24 h any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. 1. ins. by act 2 of , s. 13 w.e.f. . 2. ins. by act 2 of , s. 13 w.e.f. .

section 28. of the telecom regulatory authority of india act : no suit, prosecution or other legal proceedings shall lie against the central government or the authority or any officer of central government or any member, officer or other employees of the authority for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 32. of the telecom regulatory authority of india act : notwithstanding anything contained in the wealthtax act, 27 of , the incometax act, 43 of , or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the authority shall not be liable to pay wealthtax, incometax or any other tax in respect of their wealth, income, profits or gains derived.

section 30. of the telecom regulatory authority of india act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 33.delegation of the telecom regulatory authority of india act : notwithstanding anything contained in the wealthtax act, 27 of , the incometax act, 43 of , or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the authority shall not be liable to pay wealthtax, incometax or any other tax in respect of their wealth, income, profits or gains derived.

section 31. offences by government departments of the telecom regulatory authority of india act : 1 where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a department of government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

section 34.cognizance of offences of the telecom regulatory authority of india act : 1 no court shall take cognizance of any offence punishable under this act or the rules or regulations made thereunder, save on a complaint made by the authority. 2 no court inferior to that of a chief metropolitan magistrate or a chief judicial magistrate of first class shall try any offence punishable under this act.

section 40. of the telecom regulatory authority of india act : 1 the telecom regulatory authority of india ordinance ord. 11 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 36.power to make regulations of the telecom regulatory authority of india act : show related subordinates 1 the authority may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the times and places of meetings of the authority and the procedure to be followed at such meetings under subsection 1 of section 8, including quorum necessary for the transaction of business b the transaction of business at the meetings of the authority under subsection 4 of section 8 1 d matters in respect of which register is to be maintained by the authority 2under subclause vii of clause b of subsection 1 of section 11 e levy of fee and lay down such other requirements on fulfilment of which a copy of register may be obtained 3under subclause viii of clause b of subsection 1 of section 11 f levy of fees and other charges 4under clause c of subsection 1 of section 11 1.. cl. c omitted by s. 14, ibid. w.e.f. . 2. subs. by s. 14, ibid., for under clause l w.e.f. . 3. subs. by s. 14, ibid., for under clause m w.e.f. . 4. subs. by s. 14, ibid., for under clause p w.e.f. .

section 37. of the telecom regulatory authority of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 38. of the telecom regulatory authority of india act : the provisions of this act shall be in addition to the provisions of the indian telegraph act, 13 of and the indian wireless telegraphy act, 17 of and, in particular, nothing in this act shall affect any jurisdiction, powers and functions required to be exercised or performed by the telegraph authority in relation to any area falling within the jurisdiction of such authority.

section 39.power to remove difficulties of the telecom regulatory authority of india act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 5c. of the wild life protection act : 15c. functions of the national board. 1 it shall be the duty of the national board to promote the conservation and development of wild life and forests by such measures as it thinks fit. 2 without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for a framing policies and advising the central government and the state governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products b making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas c carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat d reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto and e preparing and publishing a status report at least once in two years on wild life in the country. 1. ins. by act 16 of , s. 6 w.e.f. .

section 1. of the wild life protection act : show related subordinates 1 this act may be called the wild life protection act, . 12 it extends to the whole of india 2. 3 it shall come into force in a state or union territory to which it extends3 on such date as the central government may, by notification, appoint, and different dates may be appointed for different provisions of this act or for different states or union territories. 1. subs. by s. 4, ibid., for subsection 2 w.e.f. . 2. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 3. the words ,or may become extended in future, omitted by s. 4, ibid. w.e.f. .

section 2. of the wild life protection act : in this act, unless the context otherwise requires, 11 animal includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs 2 animal article means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal 2has been used, and ivory imported into india and an article made therefrom 3 44 board means a state board for wild life constituted under subsection 1 of section 6 5 captive animal means any animal, specified in 5schedule i or schedule ii which is captured or kept or bred in captivity 6 7 chief wild life warden means the person appointed as such under clause a of subsection 1 of section 4 77a circus means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres 8 99 collector means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a deputy collector as may be appointed by the state government under section 18b in this behalf 10 commencement of this act, in relation to a a state, means commencement of this act in that state, b any provision of this act, means the commencement of that provision in the concerned state 1011 dealer in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction 12 director means the person appointed as director of wild life preservation under clause a of subsection 1 of section 3 1112a forest officer means the forest officer appointed under clause 2 of section 2 of the indian forest act, 16 of or under any other act for the time being in force in a state 12b forest produce shall have the same meaning as in subclause b of clause 4 of section 2 of the indian forest act, 16 of ic 12 14 government property means any property referred to in section or section 17h 15 habitat includes land, water or vegetation which is the natural home of any wild animal 14or specified plant 16 hunting, with its grammatical variations and cognate expressions, includes, 15a killing or poisoning of any wild animal or captive animal and every attempt to do so b capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so c injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles 1616a invasive alien species means a species of animal or plant which is not native to india and whose introduction or spread may threaten or adversely impact wild life or its habitat 17 land includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, 17marshes and wetlands and also includes boulders and rocks 18 licence means a licence granted under this act 1818a livestock means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in 19schedules i, ii and iv 2019 manufacturer means a person who manufactures articles from any animal or plant specified in 21schedules i, ii and iii, as the case may be 20 meat includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin 20a national board means the national board for wild life constituted under section 5a 21 national park means an area declared, whether under section 35 or section 38, or deemed, under subsection 3 of section 66, to be declared, as a national park 22 notification means a notification published in the official gazette 23 permit means a permit granted under this act or any rule made thereunder 2224 person shall include any firm or company or any authority or association or body of individuals whether incorporated or not 2324a protected area means a national park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36a and 36c of the act 25 prescribed means prescribed by rules made under this act 2425a recognised zoo means a zoo recognised under section 38h 2525b reserve forest means the forest declared to be reserved by the state government under section 20 of the indian forest act, 16 of , or declared as such under any other state act 26 sanctuary means an area declared as a sanctuary by notification under the provisions of chapter iv of this act and shall also include a deemed sanctuary under subsection 4 of section 66 2626a schedule means a schedule appended to this act 2727 specified plant means any plant specified in 28schedule iii 29 29 state government, in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution 3030 taxidermy, with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies 3130a territorial waters shall have the same meaning as in section 3 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of 31 trophy means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes a rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and 32b antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb 32 uncured trophy means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a 33freshly killed wild animal, ambergris, musk and other animal products 33 vehicle means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule 3434 vermin means any wild animal notified under section 62 35 weapon includes ammunition, bows and arrows, explosives, firearms, hooks knives, nets poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal 3536 wild animal means any animal specified in 36schedule i or schedule ii and found wild in nature 3737 wild life includes any animal, aquatic or land vegetation which forms part of any habitat 38 wild life warden means the person appointed as such under clause b of subsection 1 of section 4 3839 zoo means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or exsitu conservation and includes a circus and offexhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals. 1. subs. by act 16 of , s. 3, for clause 1 w.e.f. . 2. subs. by act 44 of , s. 5, for has been used w.e.f. . 3. clause 3 omitted by s. 5, ibid. w.e.f. . 4. subs. by act 16 of , s. 3, for clause 4 w.e.f. . 5. subs. by act 18 of , s. 3, for schedule i, schedule ii, schedule iii or schedule iv w.e.f. . 6. clause 6 omitted by act 44 of , s. 5 w.e.f. . 7. ins. by s. 5, ibid. w.e.f. . 8. clause 8 omitted by act 16 of , s. 3 w.e.f. . 9. subs. by s. 3, ibid., for clause 9 w.e.f. . subject to verification and confirmation by the administrative ministry. 10. subs. by act 16 of , s. 3, for clause 11 w.e.f. . 11. subs. by s. 3, ibid., for clause 12a w.e.f. . 12. clause 13 omitted by act 44 of , s. 5 w.e.f. . 13. ins. by s. 5, ibid. w.e.f. . 14. ins. by act 18 of , s. 3 w.e.f. . 15. subs. by act 16 of , s. 3, for subclauses a and b w.e.f. . 16. ins. by act 18 of , s. 3, w.e.f. . 17. subs. by act 44 of , s. 5, for and also includes boulders and rocks w.e.f. . 18. subs. by act 16 of , s. 3, for clause 18a w.e.f. . 19. subs. by act 18 of , s. 3, for schedules i to v w.e.f. . 20. subs. by act 16 of , s.3, for clauses 19 and 20 w.e.f. . 21. subs. by act 18 of , s. 3, for schedules i to v and vi w.e.f. . 22. subs. by act 18 of , s. 3, for clause 24 w.e.f. . 23. ins. by act 16 of , s. 3 w.e.f. . 24. ins. by act 44 of , s. 5 w.e.f. . 25. subs. by act 16 of , s. 3, for clauses 25b and 26 w.e.f. . 26. ins. by act 18 of , s. 3 w.e.f. . 27. subs. by act 44 of , s. 5, for clause 27 w.e.f. . 28. subs. by act 18 of , s. 3 for schedule vi w.e.f. . 29. clause 28 omitted by act 16 of , s. 3 w.e.f. . 30. subs. by s. 3, ibid., for clause 30 w.e.f. . 31. ins. by act 44 of , s. 5 w.e.f. . 32. subs. by act 16 of , s. 3, for subclause b w.e.f. . 33. subs. by act 44 of , s. 5, for freshlykilled wild animals w.e.f. . 34. subs. by act 18 of , s. 3 for clause 34 w.e.f. . 35. subs. by act 16 of , s. 3, for clause 36 w.e.f. . 36. subs. by act 18 of , s. 3, for schedules i to iv w.e.f. . 37. subs. by act 16 of , s. 3, for clause 37 w.e.f. . 38. subs. by act 18 of , s. 3, for clause 39 w.e.f. , earlier ins. by act 44 of , s. 5 w.e.f. .

section 5b. of the wild life protection act : show related subordinates 15b. standing committee of the national board. 1 the national board may, in its discretion, constitute a standing committee for the purpose of exercising such powers and performing such duties as may be delegated to the committee by the national board. 2 the standing committee shall consist of the vicechairperson, the membersecretary, and not more than ten members to be nominated by the vicechairperson from amongst the members of the national board. 3 the national board may constitute committees, subcommittees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it. 1. ins. by act 16 of , s. 6 w.e.f. .

section 3. of the wild life protection act : 1 the central government may, for the purposes of this act, appoint, a a director of wild life preservation 1 c such other officers and employees as may be necessary. 2 in the performance of his duties and exercise of his powers by or under this act, the director shall be subject to such general or special directions, as the central government may, from time to time, give. 23 the officers and other employees appointed under this section shall be required to assist the director. 1. clause b omitted by s. 4, ibid. w.e.f. . 2. subs. by s. 4, ibid., for subsection 3 w.e.f. .

section 4. of the wild life protection act : 1 the state government may, for the purpose of this act, appoint, a a chief wild life warden b wild life wardens 1 2bb honorary wild life wardens c such other officers and employees as may be necessary. 2 in the performance of his duties and exercise of his powers by or under this act, the chief wild life warden shall be subject to such general or special directions, as the state government may from time to time, give. 3 3the wild life warden, the honorary wild life warden and other officers and employees appointed under this section shall be subordinate to the chief wild life warden. 1. the word and omitted by 44 of , s. 6 w.e.f. . 2. subs. by act 16 of , s. 5, for clause bb w.e.f. . 3. subs. by act 44 of , s. 6, for the wild life warden w.e.f. .

section 6a. of the wild life protection act : 16a. standing committee of board.1 the board may constitute a standing committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the board. 2 the standing committee shall consist of the vicechairperson, the membersecretary, and not more than ten members, to be nominated by the vicechairperson, from amongst the members of the board. 3 the board or its standing committee referred to in subsection 1 may, constitute committees, subcommittees or study groups, as may be necessary, from timetotime, for proper discharge of the functions assigned to it. 1. ins. by act 18 of , s. 5 w.e.f. .

section 5. of the wild life protection act : 1 the director may, with the previous approval of the central government, by order in writing, delegate all or any of his powers and duties under this act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. 2 the chief wild life warden may, with the previous approval of the state government, by order in writing, delegate all or any of his powers and duties under this act, except those under clause a of subsection 1 of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. 3 subject to any general or special direction given or condition imposed by the director or the chief wild life warden, any person, authorised by the director or the chief wild life warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this act and not by way of delegation.

section 8. of the wild life protection act : duties of 1state board for wild life it shall be the duty of 1state board for wild life to advise the state government, 2a in the selection and management of areas to be declared as protected areas 3b in formulation of the policy for protection and conservation of the wild life and specified plants c in any matter relating to the amendment of any schedule 4 5cc in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life and d in any other matter connected with the protection of wild life, which may bereferred to it by the state government. 1. subs. by act 16 of , s. 8, for the wild life advisory board w.e.f. . 2. subs. by s. 8, ibid., for clause a w.e.f. . 3. subs. by act 44 of , s. 8, for clause b w.e.f. . 4. the word and omitted by s. 8, ibid. w.e.f. . 5. ins. by s. 8, ibid. w.e.f. .

section 5a. of the wild life protection act : show related subordinates 15a. constitution of the national board for wild life. 1 the central government shall, within three months from the date of commencement of the wild life protection amendment act, 16 of , constitute the national board for wild lifeconsisting of the following members, namely: a the prime minister as chairperson b the minister incharge of forests and wild life as vicechairperson c three members of parliament of whom two shall be from the house of the people and one from the council of states 2d member, niti aayog incharge of environment, forest and climate change e five persons to represent nongovernmental organizations to be nominated by the central government f ten persons to be nominated by the central government from amongst eminent conservationists, ecologists and environmentalists g the secretary to the government of india incharge of the ministry or department of the central government dealing with forests and wild life h the chief of the army staff i the secretary to the government of india incharge of the ministry of defence j the secretary to the government of india incharge of the ministry of information and broadcasting k the secretary to the government of india incharge of the department of expenditure, ministry of finance l the secretary to the government of india, ministry of tribal welfare m the directorgeneral of forests in the ministry or department of the central government dealing with forests and wild life n the directorgeneral of tourism, government of india o the directorgeneral, indian council for forestry research and education, dehradun p the director, wild life institute of india, dehradun q the director, zoological survey of india r the director, botanical survey of india s the director, indian veterinary research institute t the membersecretary, central zoo authority u the director, national institute of oceanography v one representative each from ten states and union territories by rotation, to be nominated by the central government w the director of wild life preservation who shall be the membersecretary of the national board. 2 the term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses e, f and v of subsection 1, and the procedure to be followed in the discharge of their functions by the members of the national board shall be such, as may be prescribed. 3 the members except members ex officio shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. 4 notwithstanding anything contained in any other law for the time being in force, the office of a member of the national board shall not be deemed to be an office of profit. 1. ins. by act 16 of , s. 6 w.e.f. . 2. subs. by act 18 of , s. 4, for clause d w.e.f. .

section 9. of the wild life protection act : 19. prohibition of hunting.no person shall hunt any wild animal specified in 2schedules i and ii except as provided under section 11 and section 12. 1. subs. by s. 9, ibid., for section 9 w.e.f. . 2. subs. by act 18 of , s. 6, for schedules i, ii, iii and iv w.e.f. .

section 6. of the wild life protection act : 16. constitution of state board for wild life. 1 the state government shall, within a period of six months from the date of commencement of the wild life protection amendment act, 16 of constitute a state board for wild life consisting of the following members, namely: a the chief minister of the state and in case of the union territory, either chief minister or administrator, as the case may be chairperson b the minister incharge of forests and wild life vicechairperson c three members of the state legislature or in the case of a union territory with legislature, two members of the legislative assembly of that union territory d three persons to represent nongovernmental organizations dealing with wild life to be nominated by the state government e ten persons to be nominated by the state government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the scheduled tribes f the secretary to the state government or the government of the union territory, as the case may be, incharge of forests and wild life g the officer incharge of the state forest department h the secretary to the state government, department of tribal welfare i the managing director, state tourism development corporation j an officer of the state police department not below the rank of inspectorgeneral k a representative of the armed forces not below the rank of a brigadier to be nominated by the central government. l the director, department of animal husbandry of the state m the director, department of fisheries of the state n an officer to be nominated by the director, wild life preservation o a representative of the wild life institute of india, dehradun p a representative of the botanical survey of india q a representative of the zoological survey of india r the chief wild life warden, who shall be the membersecretary. 2 the term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses d and e of subsection 1 and procedure to be followed shall be such, as may be prescribed. 3 the member except members ex officio shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. 1. subs. by act 16 of , s. 7, for section 6 w.e.f. ..

section 7.procedure to be followed by the board of the wild life protection act : 1 the board shall meet at least twice a year at such place as the state government may direct. 2 the board shall regulate its own procedure including the quorum 3 no act or proceeding of the board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the board not affecting the merits of the case.

section 10.. of the wild life protection act : 10. maintenance of records of wild animals killed or captured.omitted by the wild life protection amendment act, 44 of , s. 10 w.e.f. .

section 11. of the wild life protection act : 1 notwithstanding anything contained in any other law for the time being in force and subject to the provisions of chapter iv, a the chief wild life warden may, if he is satisfied that any wild animal specified in schedule i has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted 1provided that no wild animal shall be ordered to be killed unless the chief wild life warden is satisfied that such animal cannot be captured, tranquilised or translocated: provided further that no such captured animal shall be kept in captivity unless the chief wild life warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing. explanation. for the purposes of clause a, the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal b the chief wild life warden or the authorised officer may, if he is satisfied that any wild animal specified in schedule ii, 2, has become dangerous to human life or to property including standing crops on any land or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt 3such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted. 2 the killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence: provided that nothing in this subsection shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this act or any rule or order made thereunder. 3 amy wild animal killed or wounded in defence of any person shall be government property. 1. ins. by act 16 of , s. 9 w.e.f. . 2. the words and figures schedule iii, or schedule iv omitted by act 18 of , s. 7 w.e.f. . 3. subs. by s.9, ibid., for such animal or cause such animal to be hunted w.e.f. .

section 17.. of the wild life protection act : .restrictions on hunting. omitted by, s. 12, ibid. w.e.f. .

section 13.. of the wild life protection act : suspension or cancellation of licence.omitted by the wild life protection amendment act, 44 of , s. 12w.e.f. .

section 12. of the wild life protection act : notwithstanding anything contained elsewhere in this act, it shall be lawful for the chief wild life warden, to grant1a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of, a education 2b scientific research bb scientific management. explanation. for the purposes of clause bb, the expression, scientific management means i translocation of any wild animals to an alternative suitable habitat or ii population management of wildlife, without killing or poisoning or destroying any wild animals 3c collection of specimens i for recognised zoos subject to the permission under section 38i or ii for museums and similar institutions d derivation, collection or preparation of snakevenom for the manufacture of lifesaving drugs: 4provided that no such permit shall be granted a in respect of any wild animal specified in schedule i, except with the previous permission of the central government, and b in respect of any other wild animal, except with the previous permission of the state government d derivation, collection or preparation of snakevenom for the manufacture of lifesaving drugs: 1. the words , with the previous permission of the state government omitted by act 23 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for clause b w.e.f. . 3. subs. by act 44 of , s. 11, for clause c w.e.f. . 4. ins. by act 23 of , s. 2 w.e.f. .

section 14.. of the wild life protection act : appeals.omitted by, s. 12, ibid. w.e.f. .

section 15.. of the wild life protection act : hunting of young and female of wild animals.omitted by, s. 12, ibid. w.e.f.

section 16.. of the wild life protection act : declaration of closed time.omitted by, s. 12, ibid. w.e.f. .

section 17a. of specified plant. of the wild life protection act : 117a. prohibition of picking, uprooting, etc. of specified plant.save as otherwise provided in this chapter, no person shall a wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the central government b posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof: provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of chapter iv, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17b. of the wild life protection act : 117b. grants of permit for special purposes. the chief wild life warden may, with the previous permission of the state government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17a or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of a education b scientific research c collection, preservation and display in a herbarium of any scientific institution or d propagation by a person or an institution approved by the central government in this regard. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17c. of the wild life protection act : 117c.cultivation of specified plants without licence prohibited. 1 no person shall cultivate a specified plant except under and in accordance with a licence granted by the chief wild life warden or any other officer authorised by the state government in this behalf: provided that nothing in this section shall prevent a person, who immediately before the commencement of the wild life protection amendment act, 44 of , was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. 2 every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17h. of the wild life protection act : 117h. plants to be government property.1 every specified plant or part or derivative thereof, in respect of which any offence against this act or any rule or order made thereunder has been committed, shall be the property of the state government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or national park declared by the central government, such plant or part or derivative thereof shall be the property of the central government. 2 the provisions of subsections 2 and 3 of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in subsection 1 of that section. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17d. of the wild life protection act : 117d. dealing in specified plants without licence prohibited. 1 no person shall, except under and in accordance with a licence granted by the chief wild life warden or any other officer authorised by the state government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof: provided that nothing in this section shall prevent a person, who, immediately before the commencement of the wild life protection amendment act, 44 of , was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. 2 every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business. 1. ins. by act 44 of , s. 13 w.e.f. .

section 18. of the wild life protection act : 118. declaration of sanctuary. 21 the state government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment. 2 the notification referred to in subsection 1 shall specify, as nearly as possible, the situation and limits of such area. explanation. for the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other wellknown or readily intelligible boundaries. 1. subs. by act 16 of , s. 10 for the heading w.e.f. . 2. subs. by act 44 of , s. 15, for subsection 1 w.e.f. .

section 18a.protection to sanctuaries of the wild life protection act : 118a. protection to sanctuaries.1 when the state government declares its intention under subsection 1 of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that subsection, as a sanctuary, the provisions of sections 27 to 33a both inclusive shall come into effect forthwith. 2 till such time as the rights of affected persons are finally settled under sections 19 to 24 both inclusive, the state government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the government records. 1. ins. by act 16 of , s. 11 w.e.f. .

section 17e. of the wild life protection act : show related subordinates 117e. declaration of stock. 1 every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days from the date of commencement of the wild life protection amendment act, 44 of declare to the chief wild life warden or any other officer authorised by the state government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement. 2 the provisions of subsections 3 to 8 both inclusive of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17c and section 17d as they apply in relation to the licence or business in animals or animal articles. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17f., of plants by licensee of the wild life protection act : 117f. possession, etc., of plants by licensee. no licensee under this chapter shall a keep in his control, custody or possession i any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17e has to be made but has not been made ii any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this act or any rule or order made thereunder b i pick, uproot, collect or acquire any specified plant, or ii acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this act. 1. ins. by act 44 of , s. 13 w.e.f. .

section 17g., of specified plants. of the wild life protection act : 117g. purchase, etc., of specified plants.no person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer: provided that nothing in this section shall apply to any person referred to in section 17b. 1. ins. by act 44 of , s. 13 w.e.f. .

section 18b. of the wild life protection act : 118b. appointment of collectors. the state government shall appoint, an officer to act as collector under the act, within ninety days of coming into force of the wild life protection amendment act, 16 of , or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under subsection 1 of section 18. 1. ins. by act 16 of , s. 11 w.e.f. .

section 19. of the wild life protection act : 1when a notification has been issued under section 18, the collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. 1. subs. by act 44 of , s. 16, for whenever any area is declared to be a sanctuary w.e.f. .

section 20. of the wild life protection act : after the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

section 25. of the wild life protection act : 1 for the purpose of acquiring such land, or rights in or over such land, a the collector shall be deemed to be a collector, proceeding under the 1right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 30 of b the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under 2section 21ic of that act c the provisions of the sections, preceding 2section 21 of that act, shall be deemed to have been complied with d where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of 3section 64 of that act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of 3chapter viii of that act e the collector, with the consent of the claimant, or 4the authority, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money and f in the case of the stoppage of a public way or a common pasture, the collector may, with the previous sanction of the state government, provide for an alternative public way or common pasture, as far as may be practicable or convenient. 5explanation.the expression authority referred to in clause e, shall mean the land acquisition, rehabilitation and resettlement authority established under section 51 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 30 of . 2 the acquisition under this act of any land or interest therein shall be deemed to be acquisition for a public purpose. 1. subs. by act 18 of , s. 9, for land acquisition act, 1 of w.e.f. . 2. subs. by s. 9, ibid., for ection 9 w.e.f. . 3. subs. by s. 9, ibid., for section 18 and part iii w.e.f. . 4. subs. by s. 9, ibid., for the court w.e.f. . 5. ins. by s. 9, ibid, w.e.f. .

section 25a. of the wild life protection act : 125a. timelimit for completion of acquisition proceedings.1 the collector shall, as far as possible, complete the proceedings under sections 19 to 25 both inclusive, within a period of two years from the date of notification of declaration of sanctuary under section 18. 2 the notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years. 1. ins. by act 16 of , s. 13 w.e.f. .

section 21. of the wild life protection act : when a notification has been issued under section 18, the collector shall1within a period of sixty days publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation a specifying, as nearly as possible, the situation and the limits of the sanctuary and b requiring any person, claiming any right mentioned in section 19, to prefer before the collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof. 1. ins. by act 16 of , s. 12 w.e.f. .

section 22. of the wild life protection act : the collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into a the claim preferred before him under clause b of section 21, and b the existence of any right mentioned in section 19 and not claimed under clause b of section 21, so far as the same may be ascertainable from the records of the state government and the evidence of any person acquainted with the same.

section 24. of the wild life protection act : 1 in the case of a claim to a right in or over any land referred to in section 19, the collector shall pass an order admitting or rejecting the same in whole or in part. 2 if such claim is admitted in whole or in part, the collector may either a exclude such land from the limits of the proposed sanctuary, or b proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the government, the owner or holder of such rights has agreed to surrender his rights to the government, in or over such land and on payment of such compensation, as is provided in the 1right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 30 of . 2c allow, in consultation with the chief wild life warden, the continuation of any right of any person in or over any land within the limits of the sanctuary. 1. sub. by act 18 of , s. 8, for land acquisition act, 1 of w.e.f. . 2. ins. by act 44 of , s. 17 w.e.f. .

section 23. of the wild life protection act : for the purpose of such inquiry, the collector may exercise the following powers, namely: a the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so b the same powers as are vested in a civil court for the trial of suits.

section 26. of the wild life protection act : the state government may, by general or special order, direct that the powers exercisable or the functions to be performed by the collector under sections 19 to 25 both inclusive may be exercised and performed by such other officer as may be specified in the order.

section 26a. of the wild life protection act : 126a. declaration of area as sanctuary. 1 when a a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the state government or b any area comprised within any reserve forest or any part of the territorial waters, which is considered by the state government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the state government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification: provided that where any part of the territorial waters is to be so included, prior concurrence of the central government shall be obtained by the state government: provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the chief naval hydrographer of the central government and after taking adequate measures to protect the occupational interests of the local fishermen. 2 notwithstanding anything contained in subsection1, the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under subsection 1. 23 no alteration of the boundaries of a sanctuary shall be made by the state government except on a recommendation of the national board. 1. ins. by act 44 of , s. 18 w.e.f. . 2. subs. by act 16 of , s. 14, for subsection 3 w.e.f. .

section 32. of the wild life protection act : no person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuary.

section 28. of the wild life protection act : 1 the chief wild life warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely: a investigation or study of wild life and purposes ancillary or incidental thereto b photography 1and filmmaking without making any change in the habitat or causing any adverse impact to the habitat or wild life c scientific research d tourism e transaction of lawful business with any person residing in the sanctuary. 2 a permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. 1. ins. by act 18 of , s. 10 w.e.f. .

section 27. of the wild life protection act : 1 no person other than, a a public servant on duty, b a person who has been permitted by the chief wild life warden or the authorised officer to reside within the limits of the sanctuary, c a person who has any right over immovable property within the limits of the sanctuary, d a person passing through the sanctuary along a public highway, and e the dependants of the person referred to in clause a, clause b or clause c, shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28. 2 every person shall, so long, as he resides in the sanctuary, be bound a to prevent the commission, in the sanctuary, of an offence against this act b where there is reason to believe that any such offence against this act has been committed in such sanctuary, to help in discovering and arresting the offender c to report the death of any wild animal and to safeguard its remains until the chief wild life warden or the authorised officer takes charge thereof d to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information and e to assist any forest officer, chief wild life. warden, wild life warden or police officer demanding his aid for preventing the commission of any offence against this act or in the investigation of any such offence. 13 no person shall, with intent to cause damage to any boundarymark of a sanctuary or to cause wrongful gain as defined in the indian penal code, 45 of , alter, destroy, move or deface such boundarymark. 4 no person shall tease or molest any wild animal or litter the grounds of sanctuary. 1. ins. by act 44 of , s. 19 w.e.f. .

section 29., in a sanctuary prohibited without a permit. of the wild life protection act : 129. destruction, etc., in a sanctuary prohibited without a permit.no person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the chief wild life warden, and no such permit shall be granted unless the state government being satisfied in consultation with the 2national board that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose. 3explanation.for the purposes of this section, grazing or movement of livestock permitted under clause d of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause c of subsection 2 of section 24, including the bona fide use of drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section. 1. subs. by act 16 of , s. 15, for section 29 w.e.f. . 2. subs. by act 18 of , s. 11, for board w.e.f. . 3. subs. by s. 11, ibid., for the explanation w.e.f. .

section 30. of the wild life protection act : no person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary.

section 31. of the wild life protection act : no person shall enter a sanctuary with any weapon except with the previous permission in writing of the chief wild life warden or the authorised officer.

section 33. of the wild life protection act : the chief wild life warden shall be the authority who shall control, 1manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the central government and in case the sanctuary also falls under the scheduled areas or areas where the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2 of is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the gram sabha concerned and for that purpose, within the limits of any sanctuary, a may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: 2provided that no construction of 3tourist lodges, including government lodges, for commercial purposes, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the national board. b shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein c may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat d may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of 4livestock. 5 1. subs. by act 18 of , s. 12, for manage and maintain all sanctuaries w.e.f. . 2. ins. by act 16 of , s. 16, w.e.f. . 3. sub. by act 18 of , s. 12, for commercial tourist lodges w.e.f. . 4. subs. by act 44 of , s. 21, for cattle w.e.f. . 5. clause e omitted by s. 21, ibid. w.e.f. .

section 36.. of the wild life protection act : declaration of game reserve.omitted by the wild life protection amendment act, 44 of , s. 24 w.e.f. .

section 33a. of the wild life protection act : 133a. immunisation of livestock. 1 the chief wild life warden shall take such measures in such manner, as may be prescribed, for immunisation against communicable diseases of the livestock kept in or within five kilometres of a sanctuary. 2 no person shall take, or cause to be taken or grazed, any livestock in a sanctuary without getting it immunised. 1. ins. by s. 22, ibid. w.e.f. .

section 36b. of the wild life protection act : 136b. conservation reserve management committee.1 the state government shall constitute a conservation reserve management committee to advise the chief wild life warden to conserve, manage and maintain the conservation reserve. 2 the committee shall consist of a representative of the forest or wild life department, who shall be the membersecretary of the committee, one representative of each village panchayat in whose jurisdiction the reserve is located, three representatives of nongovernmental organisations working in the field of wild life conservation and one representative each from the department of agriculture and animal husbandry. 3 the committee shall regulate its own procedure including the quorum. 1. ins. by act 16 of , s. 20 w.e.f. .

section 33b. of the wild life protection act : 133b. advisory committee. 1 the state government shall constitute an advisory committee consisting of the chief wild life warden or his nominee not below the rank of conservator of forests as its head and shall include a member of the state legislature within whose constituency the sanctuary is situated, three representatives of panchayati raj institutions, two representatives of nongovernmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with home and veterinary matters, honorary wild life warden, if any, and the officerincharge of the sanctuary as membersecretary. 2 the committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary. 3 the committee shall regulate its own procedure including quorum. 1. ins. by act 16 of , s. 17 w.e.f. .

section 34. of the wild life protection act : 1 within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the arms act, 54 of , for the possession of arms or exempted from the provisions of that act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the chief wild life warden or the authorised officer, for the registration of his name. 2 on receipt of an application under subsection 1, the chief wild life warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. 13 no new licences under the arms act, 54 of shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the chief wild life warden. 24 no renewal of any licence under the arms act, , 54 of shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the chief wild life warden or the authorised officer. 1. ins. by act 44 of , s. 22a w.e.f. . 2. ins. by act 18 of , s. 13 w.e.f. .

section 36c. of the wild life protection act : 136c. declaration and management of community reserve. 1 the state government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a national park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices. 2 the provisions of subsection 2 of section 18, subsections 2, 3 and 4 of section 27, sections 30, 32 and clauses b and c of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary. 3 after the issue of notification under subsection 1, no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the state government. 1. ins. by act 16 of , s. 20 w.e.f. .

section 35. of the wild life protection act : 1 whenever it appears to the state government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a national park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a national park. 1provided that where any part of the territorial waters is proposed to be included in such national park, the provisions of section 26a shall, as far as may be, apply in relation to the declaration of a national park as they apply in relation to the declaration of a sanctuary. 2 the notification referred to in subsection 1 shall define the limits of the area which is intended to be declared as a national park. 3 where any area is intended to be declared as a national park, the provisions of sections 219 to 26a both inclusive except cause c of subsection 2 of section 24 shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. 33a when the state government declares its intention under subsection 1 to constitute any area as a national park, the provisions of sections 27 to 33a both inclusive, shall come into effect forthwith, until the publication of the notification declaring such national park under subsection 4. 3b till such time as the rights of the affected persons are finally settled under sections 19 to 26a both inclusive except clause c of subsection 2 of section 24, the state government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the government records. 4 when the following events have occurred, namely, a the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a national park, have been disposed of by the state government, and b all rights in respect of lands proposed to be included in the national park have become vested in the state government, the state government shall publish a notification specifying the limits of the area which shall be comprised within the national park and declare that the said area shall be a national park on and from such date as may be specified in the notification. 45 no alteration of the boundaries of a national park by the state government shall be made except on a recommendation of the national board. 6 no person shall destroy, exploit or remove any wild life including forest produce from a national park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the national park, except under and in accordance with a permit granted by the chief wild life warden, and no such permit shall be granted unless the state government being satisfied in consultation with the national board that such removal of wild life from the national park or the change in the flow of water into or outside the national park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: provided that where the forest produce is removed from a national park, the same may be used for meeting the personal bona fide needs of the people living in and around the national park and shall not be used for any commercial purpose. 7 no grazing of any 5livestock shall be permitted in a national park and no 5livestock shall be allowed to enter therein except where such 5livestock is used as a vehicle by a person authorised to enter such national park. 8 the provisions of sections 27 and 28, sections 30 to 32 both inclusive, and clauses a, b and c of 6section 33, section 33a shall, as far as may be, apply in relation to a national park as they apply in relation to a sanctuary. 7explanation.for the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the state government under any act or otherwise, such area may be notified by it, by a notification, as a national park and the proceedings under sections 19 to 26 both inclusive and the provisions of subsections 3 and 4 of this section shall not apply. 8 1. added by act 44 of , s. 23, w.e.f. . 2. subs. by s. 23, ibid., for section 23, for 19 to 26 both inclusive w.e.f. . 3. ins. by act 18 of , s. 14 w.e.f. . 4. subs. by act 16 of , s. 19, for subsections 5 and 6 w.e.f. . 5. subs. by act 44 of , s. 23, for cattle w.e.f. . 6. subs. by s. 23, ibid., for section 33 w.e.f. . 7. ins. by act 16 of , s. 19 w.e.f. . 8. the subheading game reserve omitted by act 44 of , s. 24 w.e.f. .

section 37.. of the wild life protection act : declaration of closed area.omitted by the wild life protection amendment act, 16 of , s. 21w.e.f. .

section 36a. of the wild life protection act : 136a. declaration and management of a conservation reserve.1 the state government may, after having consultations with the local communities, declare any area owned by the government, particularly the areas adjacent to national parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat: provided that where the conservation reserve includes any land owned by the central government, its prior concurrence shall be obtained before making such declaration. 2 the provisions of subsection 2 of section 18, subsections 2, 3 and 4 of section 27, sections 30, 32 and clauses b and c of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary. 1. ins. by act 16 of , s. 20 w.e.f. .

section 36d. of the wild life protection act : 136d. community reserve management committee. 1 the state government shall constitute a community reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. 2 the committee shall consist of 2not less than five representatives nominated by the village panchayat or where such panchayat does not exist by the members of the gram sabha and one representative of the state forests or wild life department under whose jurisdiction the community reserve is located. 32a where a community reserve is declared on private land under subsection 1 of section 36c, the community reserve management committee shall consist of the owner of the land, a representative of the state forests or wild life department under whose jurisdiction the community reserve is located and also the representative of the panchayat concerned or the tribal community, as the case may be. 3 the committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve. 4 the committee shall elect a chairman who shall also be the honorary wild life warden on the community reserve. 5 the committee shall regulate its own procedure including the quorum. 1. ins. by act 16 of , s. 20 w.e.f. . 2. subs. by act 18 of , s. 15, for five representatives w.e.f. . 3. ins. by s. 15, ibid. w.e.f. .

section 38. of the wild life protection act : 38. power of central government to declare areas as sanctuaries or national parks 1or conservation reserves.1 where the state government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the central government, the central government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of 2sections 18 to 35 both inclusive, 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the state government. 2 the central government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section 1, whether or not such area has been declared, to be a sub sanctuary by the central government or the state government, declare such area, by notification, to be a national park and the provisions of sections 35, 54 and 55 shall apply in relation to such national park as they apply in relation to a national park declared by the state government. 32a the central government may, if it is satisfied that the conditions specified in subsection 1 of section 36a are fulfilled in relation to any area referred to in subsection 1, declare such area, by notification, to be a conservation reserve and the provisions of sections 36a and 36b shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the state government. 3 in relation to a sanctuary or national park 1or conservation reserve declared by the central government, the powers and duties of the chief wild life warden under the sections referred to in 4subsections 1, 2 and 2a, shall be exercised and discharged by the director or by such other officer as may be authorised by the director in this behalf and references, in the sections aforesaid, to the state government shall be construed as references to the central government and reference therein to the legislature of the state shall be construed as a reference to parliament. 1. ins. by act 18 of , s. 16, w.e.f. . 2. subs. by act 44 of , s. 25, for sections 19 to 35 w.e.f. . 3. ins. by act 18 of , s. 16 w.e.f. . 4. subs. by s. 16, ibid, for subsections 1 and 2 w.e.f. .

section 38a. constitution of central zoo authority of the wild life protection act : 138a. constitution of central zoo authority. 1 the central government shall constitute a body to be known as the central zoo authority hereinafter in this chapter referred to as the authority, to exercise the powers conferred on, and to perform the functions assigned to it under this act. 2 the authority shall consist of a chairperson b such number of members not exceeding ten and c membersecretary, to be appointed by the central government. 1. ins. by s. 26, ibid. w.e.f. .

section 38b. of the wild life protection act : 18b. term of office and conditions of service of chairperson and members, etc. 1 the chairperson and every member 2other than the membersecretary shall hold office for such period, not exceeding three years, as may be specified by the central government in this behalf. 2 the chairperson or a member may by writing under his hand addressed to the central government, resign from the office of chairperson or, as the case may be, of the member. 3 the central government shall remove a person from the office of chairperson or member referred to in subsection 2 if that person a becomes an undischarged insolvent b gets convicted and sentenced to imprisonment for an offence which in the opinion of the central government involves moral turpitude c becomes of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the authority or f in the opinion of the central government has so abused the position of chairperson or member as to render that persons continuance in office detrimental to the public interest provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter. 4 a vacancy caused under subsection 2 or otherwise shall be filled by fresh appointment. 5 the salaries and allowances and other conditions of appointment of chairperson, members and membersecretary of the authority shall be such as may be prescribed. 6 the authority shall, with the previous sanction of the central government, employ such officers and other employees as it deems necessary to carry out the purposes of the authority. 7 the terms and conditions of service of the officers and other employees of the authority shall be such as may be prescribed. 8 no act or proceeding of the authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the authority. 1. ins. by s. 26, ibid. w.e.f. . 2. ins. by act 16 of , s. 22 w.e.f..

section 38g. of the wild life protection act : 138g. annual report and audit report to be laid before parliament. the central government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the nonacceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each house of parliament. 1. ins. by s. 26, ibid. w.e.f. .

section 38c. functions of the authority of the wild life protection act : 138c. functions of the authority. the authority shall perform the following functions, namely: a specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo b evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed c recognise or derecognise zoos d identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo e coordinate the acquisition, exchange and loaning of animals for breeding purposes f ensure maintenance of studbooks of endangered species of wild animals bred in captivity g identify priorities and themes with regard to display of captive animals in a zoo h coordinate training of zoo personnel in india and outside india i coordinate research in captive breeding and educational programmes for the purposes of zoos j provide technical and other assistance to zoos for their proper management and development on scientific lines k perform such other functions as may be necessary to carry out the purposes of this act with regard to zoos. 1. ins. by s. 26, ibid. w.e.f. .

section 38h. of the wild life protection act : 138h. recognition of zoos.1 no zoo shall be operated without being recognised by the authority: provided that a zoo being operated immediately before the date of commencement of the wild life protection amendment act, 44 of may continue to operate without being recognised for a period of2eighteen months from the date of such commencement and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal. 31a on and after the commencement of the wild life protection amendment act, 16 of a zoo shall not be established without obtaining the prior approval of the authority. 2 every application for recognition of a zoo shall be made to the authority in such form and on payment of such fee as may be prescribed. 3 every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo. 4 no recognition to a zoo shall be granted unless the authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted. 5 no application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard. 6 the authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under subsection 4: provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard. 7 an appeal from an order refusing to recognise a zoo under subsection 5 or an order suspending or cancelling a recognition under subsection 6 shall lie to the central government. 8 an appeal under subsection 7 shall be preferred within thirty days from the date of communication to the applicant of the order appealed against: provided that the central government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. 1. ins. by s. 26, ibid. w.e.f. . 2. subs. by act 26 of , s. 2, for six months from the date of such commencement w.e.f. . 3. ins. by act 16 of , s. 23 w.e.f. .

section 38d. of the wild life protection act : 138d. procedure to be regulated by the authority. 1 the authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit. 2 the authority shall regulate its own procedure. 3 all orders and decisions of the authority shall be authenticated by the membersecretary or any other officer of the authority duly authorised by the membersecretary in this behalf. 1. ins. by s. 26, ibid. w.e.f. .

section 38i. of the wild life protection act : 138i. acquisition of animals by a zoo. 1 subject to the other provisions of this act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in s schedules i 2 except with the previous permission of the authority. 2 no zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo. 3provided that nothing in this subsection shall apply to a conservation breeding centre. 1. subs. by act 16 of , s. 24, for section 38i w.e.f. . 2. the word and figures and ii omitted by act 18 of , s. 17 w.e.f. . 3. ins. by s. 17, ibid, w.e.f. .

section 38e. of the wild life protection act : 138e.grants and loans to authority and constitution of fund. 1 the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants and loans of such sums of money as that government may consider necessary. 2 there shall be constituted a fund to be called the central zoo authority fund and there shall be credited thereto any grants and loans made to the authority by the central government, all fees and charges received by the authority under this act and all sums received by the authority from such other sources as may be decided upon by the central government. 3 the fund referred to in subsection 2 shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the authority and the expenses of the authority in the discharge of its functions under this chapter and expenses on objects and for purposes authorised by this act. 4 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 5 the accounts of the authority shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral. 6 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the authority under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 7 the accounts of the authority, as certified by the comptroller and auditorgeneral or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government by the authority. 1. ins. by s. 26, ibid. w.e.f. .

section 38f. of the wild life protection act : 138f. annual report.the authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government. 1. ins. by s. 26, ibid. w.e.f. .

section 38k.definitions of the wild life protection act : 138k. definitions. in this chapter, a national tiger conservation authority means the tiger conservation authority constituted under section 38l b steering committee means the committee constituted under section 38u c tiger conservation foundation means the foundation established under section 38x d tiger reserve state means a state having tiger reserve e tiger reserve means the areas notified as such under section 38v. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38j., in a zoo. of the wild life protection act : 138j. prohibition of teasing, etc., in a zoo. no person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo. 1. subs. by act 16 of , s. 24, for section 38i w.e.f. .

section 38q. of the wild life protection act : 138q. grants and loans to tiger conservation authority and constitution of fund. 1 the central government may, after due appropriation made by parliament by law in this behalf, make to the tiger conservation authority grants and loans of such sums of money as that government may consider necessary. 2 there shall be constituted a fund to be called the tiger conservation authority fund and there shall be credited thereto i any grants and loans made to the tiger conservation authority by the central government ii all fees and charges received by the tiger conservation authority under this act and iii all sums received by the authority from such other sources as may be decided upon by the central government. 3 the fund referred to in subsection 2 shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the tiger conservation authority and the expenses of the tiger conservation authority incurred in the discharge of its functions under this chapter. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38l. of the wild life protection act : 138l.constitution of national tiger conservation authority. 1 the central government shall constitute a body to be known as the national tiger conservation authority hereinafter in this chapter referred to as the tiger conservation authority, to exercise the powers conferred on, and to perform the functions assigned to it under this act. 2 the tiger conservation authority shall consist of the following members, namely: a the minister in charge of the ministry of environment and forestschairperson b the minister of state in the ministry of environment and forestsvicechairperson c three members of parliament of whom two shall be elected by the house of the people and one by the council of states d eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development e secretary, ministry of environment and forests f director general of forests and special secretary, ministry of environment and forests g director, wild life preservation, ministry of environment and forests h six chief wild life wardens from the tiger reserve states in rotation for three years i an officer not below the rank of joint secretary and legislative counsel from the ministry of law and justice j secretary, ministry of tribal affairs k secretary, ministry of social justice and empowerment l chairperson, national commission for the scheduled tribes m chairperson, national commission for the scheduled castes n secretary, ministry of panchayati raj o 2an officer not below the rank of inspector general of forests having at least ten years experience in a tiger reserve or wildlife management, who shall be the membersecretary,, to be notified by the central government, in the official gazette. 3 it is hereby declared that the office of member of the tiger conservation authority shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 1. ins. by act 39 of , s. 2 w.e.f. . 2. subs. by act 18 of , s. 18, for inspector general of forests or an officer of the equivalent rank w.e.f. .

section 38r. of the wild life protection act : 138r. accounts and audit of tiger conservation authority. 1 the tiger conservation authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the tiger conservation authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the tiger conservation authority to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the tiger conservation authority shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the tiger conservation authority. 4 the accounts of the tiger conservation authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the central government by the tiger conservation authority. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38m. of the wild life protection act : 138m. term of office and conditions of service of members. 1 a member nominated under clause d of subsection 2 of section 38l shall hold office for such period not exceeding three years: provided that a member may, by writing under his hand addressed to the central government, resign from his office. 2 the central government shall remove a member referred to in clause d of subsection 2 of section 38l, from office if he a is, or at any time has been, adjudicated as insolvent b has been convicted of an offence which, in the opinion of the central government, involves moral turpitude c is of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the tiger conservation authority, absent from three consecutive meetings of the said authority or f has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest: provided that no member shall be removed under this subsection unless he has been given a reasonable opportunity of being heard in the matter. 3 any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed. 4 the salaries and allowances and other conditions of appointment of the members of the tiger conservation authority shall be such as may be prescribed. 5 no act or proceeding of the tiger conservation authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the tiger conservation authority. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38o. of the wild life protection act : 138o. powers and functions of tiger conservation authority. 1 the tiger conservation authority shall have the following powers and perform the following functions, namely: a to approve the tiger conservation plan prepared by the state government under subsection 5 of section 38v of this act b evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves c lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance d provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on coexistence in forest areas outside the national parks, sanctuaries or tiger reserve, in the working plan code e provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation f approve, coordinate research and monitoring on tiger, copredators, prey, habitat, related ecological and socioeconomic parameters and their evaluation g ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the national board for wild life and on the advice of the tiger conservation authority h facilitate and support the tiger reserve management in the state for biodiversity conservation initiatives through ecodevelopment and peoples participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the central and state laws i ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan j facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves and k perform such other functions as may be necessary to carry out the purposes of this act with regard to conservation of tigers and their habitat. 2 the tiger conservation authority may, in the exercise of its powers and performance of its functions under this chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions: provided that no such direction shall interfere with or affect the rights of local people particularly the scheduled tribes. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38p. of the wild life protection act : 38p. procedure to be regulated by tiger conservation authority1 the tiger conservation authority shall meet at such time and at such place as the chairperson may think fit. 2 the chairperson or in his absence the vicechairperson shall preside over the meetings of the tiger conservation authority. 3 the tiger conservation authority shall regulate its own procedure. 4 all orders and decisions of the tiger conservation authority shall be authenticated by the membersecretary or any other officer of the said authority duly authorised by the membersecretary in this behalf. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38n. of the wild life protection act : 138n. officers and employees of tiger conservation authority. 1 the tiger conservation authority may, with the previous sanction of the central government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act: provided that the officers and employees holding office under the directorate of project tiger and dealing with project tiger immediately before the date of constitution of the tiger conservation authority shall continue to hold office in the said authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be the employee of that authority. 2 the terms and conditions of service of the officers and other employees of the tiger conservation authority shall be such as may be prescribed. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38s. of the wild life protection act : 138s. annual report of tiger conservation authority. the tiger conservation authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38t. of the wild life protection act : 138t. annual report and audit report to be laid before parliament. the central government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, insofar as they relate to the central government, and the reasons for the nonacceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each house of parliament. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38u. of the wild life protection act : 138u. constitution of steering committee.1 the state government may constitute a steering committee for ensuring coordination, monitoring, protection and conservation of tiger, copredators and prey animals within the tiger range states. 2 the steering committee shall consists of a the chief minister chairperson b the minister incharge of wild life vicechairperson c such number of official members not exceeding five including at least two field directors of tiger reserve or director of national park and one from the state governments departments dealing with tribal affairs d three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development, e two members from the states tribal advisory council f one representative each from state governments departments dealing with panchayati raj and social justice and empowerment g chief wild life warden of the state shall be the membersecretary, ex officio, to be notified by the state government, in the official gazette. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38z. of the wild life protection act : 138z. powers and functions of the wildlife crime control bureau. 1 subject to the provisions of this act, the wildlife crime control bureau shall take measures with respect to i collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to state and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank ii coordination of actions by various officers, state governments and other authorities in connection with the enforcement of the provisions of this act, either directly or through regional and border units set up by the bureau iii implementation of obligations under the various international conventions and protocols that are in force at present or which may be ratified or acceded to by india in future iv assistance to concerned authorities in foreign countries and concerned international organisations to facilitate coordination and universal action for wildlife crime control v develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist state governments to ensure success in prosecutions related to wildlife crimes vi advice the government of india on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time. 2 the wildlife crime control bureau shall exercise i such powers as may be delegated to it under subsection 1 of section 5, subsections 1 and 8 of section 50 and section 55 of this act and ii such other powers as may be prescribed. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38v. of the wild life protection act : 138v. tiger conservation plan. 1 the state government shall, on the recommendation of the tiger conservation authority, notify an area as a tiger reserve. 2 the provisions of subsection 2 of section 18, subsections 2, 3 and 4 of section 27, sections 30,32 and clauses b and c of section 33 of this act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary. 3 the state government shall prepare a tiger conservation plan including staff development and deployment plan for the proper management of each area referred to in subsection 1, so as to ensure a protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, copredators and prey animals without distorting the natural preypredator ecological cycle in the habitat b ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas c the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation. 4 subject to the provisions contained in this act, the state government shall, while preparing a tiger conservation plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve, explanation. for the purposes of this section, the expression tiger reserve includes i core or critical tiger habitat areas of national parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the scheduled tribes or such other forest dwellers, and. notified as such by the state government in consultation with an expert committee constituted for the purpose ii buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in explanation i above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting coexistence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned gram sabha and an expert committee constituted for the purpose. 5 save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this subsection, no scheduled tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless i the process of recognition and determination of rights and acquisition of land or forest rights of the scheduled tribes and such other forest dwelling persons is complete ii the concerned agencies of the state government, in exercise of their powers under this act, establishes with the consent of the scheduled tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the scheduled tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat iii the state government, after obtaining the consent of the scheduled tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of coexistence, are not available iv resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the national relief and rehabilitation policy v the informed consent of the gram sabha concerned, and of the persons affected, to the resettlement programme has been obtained and vi the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with. 1. ins. by act 39 of , s. 2 w.e.f. .

section 39., to be government property. of the wild life protection act : 1 every a wild animal, other than vermin, which is hunted under section 11 or subsection 1 of section 29 or subsection 6 of section 35 or kept or 1bred in captivity or hunted in contravention of any provision of this act or any rule or order made thereunder or found dead, or killed 2 or by mistake and b animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause a in respect of which any offence against this act or any rule or order made thereunder has been committed, 3c ivory imported into india and an article made from such ivory in respect of which any offence against this act or any rule or order made thereunder has been committed d vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this act. shall be the property of the state government, and, wheresuch animal is hunted in a sanctuary or national park declared by the central government, such animal or any animal article, trophy, uncured trophy or meat 4derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting shall be the property of the central government. 2 amy person who obtains, by any means, the possession of government property, shall, within fortyeight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officerincharge of such police station or such authorised officer, as the case may be. 3 no person shall, without the previous permission in writing of the chief wild life warden or the authorised officer a acquire or keep in his possession, custody or control, or b transfer to any person, whether by way of gift, sale or otherwise, or c destroy or damage, such government property. 54 where any such government property is a live animal, the state government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat. 5 any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in subsections 1 and 2 may be disposed of by the state government or the central government, as the case may be, in such manner as may be prescribed by the central government: provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal. 1. subs. by act 44 of , s. 27, for bred in captivity w.e.f. . 2. the words without a licence or omitted by s. 27, ibid. w.e.f. . 3. ins. by s. 27, ibid. w.e.f. . 4. subs. by act 44 of , s. 27, for derived from such animal w.e.f. .

section 38x. of the wild life protection act : 138x. establishment of tiger conservation foundation.1 the state government shall establish a tiger conservation foundation for tiger reserves within the state in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in ecodevelopment by involvement of people in such development process. 2 the tiger conservation foundation shall, inter alia, have the following objectives: a to facilitate ecological, economic, social and cultural development in the tiger reserves b to promote ecotourism with the involvement of local stakeholder communities and provide support to safeguard the natural environment in the tiger reserves c to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives d to solicit technical, financial, social, legal and other support required for the activities of the foundation for achieving the above said objectives e to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stakeholder development and ecotourism f to support research, environmental education and training in the above related fields. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38w. of the wild life protection act : 38w. alteration and denotification of tiger reserves.1 no alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the tiger conservation authority and the approval of the national board for wild life. 2 no state government shall denotify a tiger reserve, except in public interest with the approval of the tiger conservation authority and the national board for wild life. 1. ins. by act 39 of , s. 2 w.e.f. .

section 38xa. of the wild life protection act : 138xa. provisions of chapter to be in addition to provisions relating to sanctuaries and national park. the provisions contained in this chapter shall be in addition to, and not in derogation of, the provisions relating to sanctuaries and national parks whether included and declared, or are in the process of being so declared included in a tiger reserve under this act. 1. ins. by act 18 of , s. 19 w.e.f. .

section 38y. of the wild life protection act : 138y. constitution of 2wild life crime control bureau.the central government may, for the purposes of this act, by order published in the official gazette, constitute a 3 wildlife crime control bureau consisting of a the director of wildlife preservationdirector ex officio b the inspectorgeneral of policeadditional director c the deputy inspectorgeneral of policejoint director d the deputy inspectorgeneral of forestsjoint director e the additional commissioner customs and 4central goods and services taxjoint director and f such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this act. 1. subs. by s. 20, ibid., for tiger and other endangered species w.e.f. . 2. subs. by s. 21, ibid., for tiger and other endangered species w.e.f. . 3. the words tiger and other endangered species crime control bureau to be known as the omitted by s. 21, ibid. w.e.f. 14 . 4. subs. by s. 21, ibid., for central excise w.e.f. .

section 40.declarations of the wild life protection act : 1 every person having at the commencement of this act the control, custody or possession of any captive animal specified in schedule i 1, 2or animal article, trophy or uncured trophy derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this act, declare to the chief wild life warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept. 2 no person shall, after the commencement of this act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 420 otherwise transfer or transport any animal specified in schedule i 3 or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the chief wild life warden or the authorised officer. 42a no person other than a person having a certificate of ownership, shall, after the commencement of the wild life protection amendment act, 16 of acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in schedule i 3, except by way of inheritance. 2b every person inheriting any captive animal, animal article, trophy or uncured trophy under subsection 2a shall, within ninety days of such inheritance make a declaration to the chief wild life warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under subsection 1 of section 40: provided that nothing in subsections 2a and 2b shall apply to the live elephant.. 2b every person inheriting any captive animal, animal article, trophy or uncured trophy under subsection 2a shall, within ninety days of such inheritance make a declaration to the chief wild life warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under subsection 1 of section 40: provided that nothing in subsections 2a and 2b shall apply to the live elephant. 53 nothing in subsection 1 or subsection 2 shall apply to a recognised zoo subject to the provisions of section 38i or to a public museum. 4 the state government may, by notification, require any person to declare to the chief wild life warden or the authorised officer 6any animal or animal article or trophy other than a musk of a musk deer or horn of a rhinoceros or salted or dried skins derived from an animal specified in schedule i or part ii of schedule ii in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed. 1. the words and figures or part ii of schedule ii omitted by s. 23, ibid. w.e.f. . 2. subs. by act 16 of , s. 25, for or any uncured trophy w.e.f. . 3. the words and figures or part ii of schedule ii omitted by act 18 of , s. 23 w.e.f. . 4. ins. by act 16 of , s. 25, w.e.f. . 5. subs. by act 44 of , s. 28, for subsection 3 w.e.f. . 6. subs. by act 16 of , s. 25, for any animal article w.e.f. .

section 40a. of the wild life protection act : show related subordinates 140a. immunity in certain cases. 1 notwithstanding anything contained in subsections 2 and 4 of section 40 of this act, the central government may, by notification, require any person to declare to the chief wild life warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in schedule i 2 in his control, custody or possession, in respect of which no declaration had been made under subsection 1 or subsection 4 of section 40, in such form, in such manner and within such time as may be prescribed. 2 any action taken or purported to be taken for violation of section 40 of this act at any time before the commencement of the wild life protection amendment act, 16 of shall not be proceeded with and all pending proceedings shall stand abated. 3 any captive animal, animal article, trophy or uncured trophy declared under subsection 1, shall be dealt with in such manner and subject to such conditions as may be prescribed. 1. ins. by act 16 of , s. 26 w.e.f. . 2. the words and figures or part ii of schedule ii omitted by s. 24, ibid. w.e.f. .

section 45. of the wild life protection act : subject to any general or special order of the state government, the chief wild life warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44: provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.

section 46. of the wild life protection act : 1 an appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie a if the order is made by the authorised officer, to the chief wild life warden or b if the order is made by the chief wild life warden, to the state government. 2 in the case of an order passed in appeal by the chief wild life warden under clause a of subsection 1, a second appeal shall lie to the state government. 3 subject as aforesaid, every order passed in appeal under this section shall be final. 4 an appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against: provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

section 41. of the wild life protection act : 1 on receipt of a declaration made under section 40, the chief wild life warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed, a enter upon the premises of a person referred to in section 40 b make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in schedule i 1 and found thereon and c affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed. 2 no person shall obliterate or counterfeit any identification mark referred to in this chapter. 1. the words and figures and part ii of schedule ii omitted by s. 25, ibid, w.e.f. .

section 42. of the wild life protection act : the chief wild life warden may, for the purposes of section 40, issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification. 1provided that before issuing the certificate of ownership in respect of any captive animal, the chief wild life warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal. 1. added by s. 27, ibid. w.e.f. .

section 42a. surrender of captive animals, animal article, etc of the wild life protection act : 142a. surrender of captive animals, animal article, etc. 1 any person having a certificate of ownership in respect of any captive animal, animal article, trophy or uncured trophy, meat or ivory imported into india or an article made from such ivory, and who is not desirous of keeping it in his control, custody or possession may, after giving notice of seven working days to the chief wild life warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender. 2 no compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the chief wild life warden under subsection 1. 3 any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the state government and the provisions of section 39 shall apply. 1. ins. by act 18 of , s. 26 w.e.f. .

section 43. of the wild life protection act : 143. regulation of transfer of animal, etc.1 no person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy. 2 where a person transfers or transports from the state in which he resides to another state or acquires by transfer from outside the state, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the chief wild life warden or the authorised officer within whose jurisdiction the transfer or transport is effected. 2provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the central government. 3 nothing in this section shall apply a to tail feather of peacock and the animal article or trophies made therefrom b to transfer of captive animals between recognised zoos subject to the provisions of section 38i, and transfer amongst zoos and public museums. 1. subs. by act 16 of , s. 28, for section 43 w.e.f. . 2. ins. by act 18 of , s. 27 w.e.f. .

section 44. of the wild life protection act : 11 subject to the provisions of chapter va, no person shall, except under and in accordance with, a licence granted under subsection 4 a commence or carry on the business as 2 i a manufacturer of or dealer in, any animal article or ii a taxidermist or iii a dealer in trophy or uncured trophy or iv a dealer in captive animals or v a dealer in meat or b cook or serve meat in any eatinghouse: 3c derive, collect or prepare or deal in snake venom provided that nothing in this subsection shall prevent a person, who, immediately before the commencement of this act was carrying on the business or occupation specified in this subsection, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him: 4provided further that nothing in this subsection shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles. explanation.for the purposes of this section, eatinghouse includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging. 2 every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this act, declare to the chief wild life warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the chief wild life warden or the authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be. 3 every person referred to in subsection 1 who intends to obtain a licence, shall make an application to the chief wild life warden or the authorised officer for the grant of a licence. 4 a every application referred to in subsection 3 shall be made in such form and on payment of such fee as may be prescribed, to the chief wild life warden or the authorised officer. 5b no licence referred to in subsection 1 shall be granted unless the chief wild life warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted. 5 every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business. 6 every licence granted under this section shall a be valid for one year from the date of its grant b not be transferable and c be renewable for a period not exceeding one year at a time. 7 no application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the chief wild life warden or the authorised officer is satisfied that i the application for such renewal has been made after the expiry of the period specified therefor, or ii any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or iii the applicant has contravened any term or condition of the licence or any provision of this act or any rule made thereunder, or iv the applicant does not fulfil the prescribed conditions. 8 every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing. 9 nothing in the foregoing subsections shall apply in relation to vermin. 1. subs. by act 28 of , s. 2, for certain words w.e.f. . 2. subclause ia omitted by act 44 of , s. 30 w.e.f. . 3. ins. by s. 30, ibid. w.e.f. . 4. subs. by s. 30, ibid., for the second proviso w.e.f. . 5. subs. by s.3, ibid., for clause b w.e.f. .

section 48., by licensee. of the wild life protection act : no licensee under this chapter shall a keep in his control, custody or possession, i any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of subsection 2 of section 44 has to be made but has not been made ii any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this act or any rule or order made thereunder b i capture any wild animal, or ii acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in schedule i 1 or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal, except in accordance with such rules as may be made tinder this act provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one state to another, no such transfer or transport shall be effected except with the previous permission in writing of the director or any other officer authorised by him in this behalf: provided further that no such permission under the foregoing proviso shall be granted unless the director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired. 1. the words and figures or part ii of schedule ii omitted by act 18 of , s. 28 w.e.f. .

section 48a. of the wild life protection act : 148a. restriction on transportation of wild life. no person shall accept any wild animal other than vermin, or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the chief wild life warden or any other officer authorised by the state government in this behalf has been obtained for such transportation. 1. ins. by act 44 of , s. 31 w.e.f. .

section 47. of the wild life protection act : a licensee under this chapter shall a keep records, and submit such returns of his dealings, as may be prescribed, i to the director or any other officer authorised by him in this behalf, and ii to the chief wild life warden or the authorised officer and b make such records available on demand for inspection by such officers.

section 49g. of the wild life protection act : 149g. directions of central government. the management authority and the scientific authorities, shall, while performing their duties and exercising powers under this chapter, be subject to such general or special directions, as the central government may, from time to time, give. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49., by a person other than a licensee. of the wild life protection act : no person shall purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this act: 1provided that nothing in this section shall apply to a recognised zoo subject to the provisions of section 381 or to a public museum. 1. subs. by s. 32, ibid., for the proviso w.e.f. .

section 49a. of the wild life protection act : 149a. definitions. in this chapter, a scheduled animal means an animal specified for the time being in schedule i or part ii of schedule ii b scheduled animal article means an article made from any scheduled animal and includes an article or object in which the whole or any part of such animal 2has been used but does not include tail feather of peacook, an article or trophy made therefrom and snake venom or its derivative. c specified date means i in relation to a scheduled animal on the commencement of the wild life protection amendment act, , the date of expiry of two months from such commencement 3 ii in relation to any animal added or transferred to scheduled i or part ii of schedule ii at any time after such commencement, the date of expiry of two months from such addition or transfer. 4iii in relation ivory imported into india or an article made from such ivory, the date of expiry of six months from the commencement of the wild life protection amendment act, 44 of . 1. ins. by act 28 of , s. 3 w.e.f. . 2. subs. by act 44 of , s. 33, for has been used w.e.f. . 3. the word and omitted by s. 33, ibid. w.e.f. . 4. ins. by act 44 of , s. 33 w.e.f. .

section 49f. of the wild life protection act : 149f. designation of scientific authority.1 the central government shall, by notification, designate one or more institutes engaged in research on species as scientific authority for the purposes of this chapter, for fulfilling the functions under the convention. 2 the designated scientific authority shall advise the management authority in such matters as may be referred to it by the management authority. 3 the scientific authority shall monitor the export permits granted for specimens of species listed in appendix ii of schedule iv and the actual export of such specimens. 4 whenever a scientific authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in appendix i of the convention, it shall advise the management authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the scientific authority may deem necessary for said purpose. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49b., derived from scheduled animals. of the wild life protection act : 149b. prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. 1 subject to the other provisions of this section, on and after the specified date, no person shall a commence or carry on the business as i a manufacturer of, or dealer in, scheduled animal articles or 2ia a dealer in ivory imported into india or articles made therefrom or a manufacturer of such articles or ii a taxidermist with respect to any scheduled animals or any parts of such animals or iii a dealer in trophy or uncured trophy derived from any scheduled animal or iv a dealer in any captive animals being scheduled animals or v a dealer in meat derived from any scheduled animal or b cook or serve meat derived from any scheduled animal in any eatinghouse. explanation.for the purposes of this subsection, eatinghouse has the same meaning as in the explanation below subsection 1 of section 44. 2 subject to the other provisions of this section, no licence granted or renewed under section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause a of subsection 1 of this section or the occupation referred to in clause b of that subsection after such date. 3 notwithstanding anything contained in subsection 1 or subsection 2, where the central government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official gazette, exempt, for purposes of export, any corporation owned or controlled by the central government including a government company within the meaning of section 617 of the companies act, 1 of , or any society registered under the societies registration act, 21 of , or any other law for the time being in force, wholly or substantially financed by the central government, from the provisions of subsections 1 and 2. 4 notwithstanding anything contained in subsection 1 or subsection 2, but subject to any rules which may be made in this behalf, a person holding a licence under section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof a for or on behalf of the government or any corporation or society exempted under subsection 3, or b with the previous authorisation in writing of the chief wild life warden, for and on behalf of any person for educational or scientific purposes. 1. ins. by act 28 of , s. 3 w.e.f. . 2. ins. by s. 34, ibid. w.e.f. .

section 49c. of the wild life protection act : 149c. declaration by dealers.1 every person carrying on the business or occupation referred to in subsection 1 of section 49b shall, within thirty days from the specified date declare to the chief wild life warden or the authorised officer a his stocks, if any, as at the end of the specified date of i scheduled animal articles ii scheduled animals and parts thereof iii trophies and uncured trophies derived from scheduled animals iv captive animals being scheduled animals 2v ivory imported into india or articles made therefrom b the place or places at which the stocks mentioned in the declaration are kept and c the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use. 2 on receipt of a declaration under subsection 1, the chief wild life warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply. 3 where, in a declaration made under subsection 1, the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the chief wild life warden, with the prior approval of the director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the chief wild life warden, are required for the bona fide personal use of such person and affix upon such items identification marks in such manner as may be prescribed: provided that no such item shall be kept in any commercial premises. 4 no person shall obliterate or counterfeit any identification mark referred to in subsection 3. 5 an appeal shall lie against any refusal to grant certificate of ownership under subsection 3 and the provisions of subsections 2, 3 and 4 of section 46 shall, so far as may be, apply in relation to appeals under this subsection. 6 where a person who has been issued a certificate of ownership under subsection 3 in respect of any item a transfers such item to any person, whether by way of gift, sale or otherwise, or b transfers or transports from the state in which he resides to another state any such item, he shall, within thirty days of such transfer or transport, report the transfer or transport to the chief wild life warden or the authorised officer within whose jurisdiction the transfer or transport is effected. 7 no person, other than a person who has been issued a certificate of ownership under subsection 3, shall on and after the specified date keep under his control, sell or offer for sale or transfer to any person 3any scheduled animal, a scheduled animal article, or ivory imported into india or any article made therefrom. 1. ins. by act 28 of , s. 3 w.e.f. . 2. ins. by act 44 of , s. 35 w.e.f. . 3. subs. by s. 35, ibid., for any scheduled animal or a scheduled animal article w.e.f. .

section 49d. of the wild life protection act : 149d. definitions. in this chapter, unless the context otherwise requires, a artificially propagated means plants which have been grown under controlled conditions from plant materials grown under similar conditions b bred in captivity means produced from parents in captivity c convention means the convention on international trade in endangered species of wild fauna and flora signed at washington d.c., in the united states of america on the 3rd of march, , and amended at bonn on the 22nd of june, , its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on india d export means export from india to any other country of a specimen e import means import into india from any other country of a specimen f introduction from the sea means transportation into india of specimens of any species which were taken from the marine environment not under the jurisdiction of india or any other country g management authority means the management authority designated under section 49e h readily recognisable part or derivative includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in schedule iv i reexport means export of any specimen that has previously been imported j scientific authority means a scientific authority designated under section 49f k scheduled specimen means any specimen of a species listed in appendices i, ii or iii of the convention and incorporated as such in schedule iv l species means any species, subspecies, or geographically separate population thereof m specimen means i any animal or plant, whether alive or dead ii in the case of an animal, a for species included in appendices i and ii of schedule iv, any readily recognisable part or derivative thereof b for species included in appendix iii of schedule iv, any readily recognisable part or derivative thereof specified in appendix iii of schedule iv in relation to the species and iii in the case of a plant, a for species included in appendix i of schedule iv, any readily recognisable part or derivative thereof b for species included in appendices ii and iii of schedule iv, any readily recognisable part or derivative thereof specified in appendices ii and iii of schedule iv in relation to the species n trade means export, reexport, import and introduction from the sea. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49e. designation of management authority of the wild life protection act : 149e. designation of management authority. 1 the central government shall, by notification, designate an officer not below the rank of an additional director general of forests as the management authority for discharging the functions and exercising the powers under this act. 2 the management authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the convention. 3 the management authority shall prepare and submit annual and biennial reports to the central government. 4 the central government may appoint such officers and employees as may be necessary to assist the management authority in discharging its functions or exercising its powers under this chapter, on such terms and conditions of service including salaries and allowances as may be prescribed. 5 the management authority may, with the prior approval of the central government, delegate its functions or powers, to such officers not below the rank of the assistant inspector general of forests, as it may consider necessary for the purposes of this chapter. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49h.international trade in scheduled specimen and restriction in respect thereof of the wild life protection act : 149h. international trade in scheduled specimen and restriction in respect thereof.1 no person shall engage in trade of scheduled specimens except as provided for under this chapter. 2 the central government shall prescribe the conditions and procedures by which the exemptions contained in article vii of the convention may be availed. 3 every person engaging in trade of a scheduled specimen shall report the details of the scheduled specimen and the transaction to the management authority or the officer authorised by it in such manner as may be prescribed. 4 every person engaging in trade of a scheduled specimen, shall present it for clearance to the management authority or the officer authorised by it or a customs officer only at the ports of exit and entry as may be specified by the central government. 5 the form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the central government. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49i. of the wild life protection act : 149i. conditions for export of scheduled specimens.1 the export of any specimen of species included in appendices i or ii of schedule iv shall require the prior grant and presentation of an export permit. 2 the export of any specimen of species included in appendix iii of schedule iv shall require the prior grant and presentation of an export permit if the species has been listed in appendix iii of the convention by india or a certificate of origin in other cases. 3 an export permit shall not be granted unless a the management authority is satisfied that the specimen concerned has not been obtained in contravention of any law for the time being in force relating to protection of fauna and flora b the management authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment c in the case of a specimen of a species listed in appendices i or ii of schedule iv, the scientific authority has advised that the export will not be detrimental to the survival of that species and d in the case of specimens of species listed in appendix i of schedule iv, an import permit has been granted by the competent authority of the country of destination. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49j.conditions for import of scheduled specimens of the wild life protection act : 149j. conditions for import of scheduled specimens. 1 the import of any specimen of a species included in appendix i of schedule iv shall require the prior grant and presentation of an import permit and either an export permit or a reexport certificate from the country of export. 2 an import permit for a specimen of a species listed in appendix i of schedule iv shall not be granted unless a the management authority is satisfied that the specimen concerned will not be used for primarily commercial purposes b the scientific authority has advised that the import will be for purposes which are not detrimental to the survival of the species and c the scientific authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it. 3 the import of any specimen of a species included in appendix ii of schedule iv shall require the prior presentation of either an export permit or a reexport certificate issued by the country of export. 4 the import of any specimen of a species included in appendix iii of schedule iv shall require the prior presentation of a a certificate of origin or b in the case where the import is from a country which has included the species in appendix iii of the convention, an export permit or c a reexport certificate granted by the country of reexport. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49k. of the wild life protection act : 149k. conditions for reexport of scheduled specimens.1 the reexport of any specimen of species included in appendices i or ii of schedule iv shall require the prior grant and presentation of a reexport certificate. 2 a reexport certificate shall not be granted unless a the management authority is satisfied that any specimen to be reexported was imported in accordance with the provisions of this chapter and of the convention b the management authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment and c in the case of any living specimen of species listed in appendix i of schedule iv, the management authority is satisfied that an import permit has been granted. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49p. of the wild life protection act : 149p. prohibition on alteration, etc. no person shall alter, deface, erase or remove a mark of identification affixed upon the scheduled specimen or its package. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49l. of the wild life protection act : 149l. conditions for introduction from sea of scheduled specimens.1 the introduction from the sea of a specimen of a species included in appendices i or ii of schedule iv shall require the prior grant and presentation of a certificate of introduction from the sea. 2 a certificate of introduction from the sea shall not be granted unless a the scientific authority has advised that the introduction of any specimen will not be detrimental to the survival of the species b in the case of a specimen of a species listed in appendix i of schedule iv, the management authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it and c in the case of a living specimen of a species listed in appendix ii of schedule iv, the management authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49m. of the wild life protection act : 149m. possession, transfer and breeding of living scheduled animal species. 1 every person possessing a living specimen of an animal species listed in schedule iv shall report the details of such specimen or specimens in his possession to the management authority or the authorised officer: provided that the central government may exempt one or more specimens of any animal species included in schedule iv from such declaration for such quantity and for such period as it may deem fit. 2 the management authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in schedule iv which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen. 3 any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in schedule iv shall report the details to the management authority or the authorised officer. 4 the management authority or the authorised officer shall register all transfers of living specimens of animal species listed in schedule iv and issue the transferee with a registration certificate. 5 any person in possession of any living specimen of an animal species listed in schedule iv which bears any offspring shall report the birth of such offspring to the management authority or the authorised officer. 6 the management authority or the authorised officer shall on receipt of the report under subsection 5 register any offspring born to any living specimen of an animal species listed in schedule iv and issue the owner with a registration certificate. 7 any person in possession of any living specimen of an animal species listed in schedule iv which dies shall report such death to the management authority or the authorised officer. 8 no person shall possess, transfer or breed any living specimen of any animal species listed in schedule iv except in conformity with this section and the rules made by the central government in this behalf. 9 the form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the central government. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49n.application for licence by breeders of appendix i species of the wild life protection act : 149n. application for licence by breeders of appendix i species.1 every person who is engaged in breeding in captivity or artificially propagating any scheduled specimen listed in appendix i of schedule iv shall make, within a period of ninety days of the commencement of the wild life protection amendment act, , an application for a licence to the chief wild life warden. 2 the form and manner of the application to be made to the chief wild life warden under subsection 1, the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the central government. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49o. of the wild life protection act : 149o. licence of breeders of appendix i species. 1 on receipt of application under subsection 1 of section 49n, the chief wild life warden shall, if a the application is in the prescribed form b the resolutions of the convention relating to breeding in captivity or artificial propagation of species listed in appendix i of schedule iv are satisfied and c the provisions of the act and rules made thereunder have been duly complied with, record an entry of the statement in a register and grant the applicant a licence. 2 the chief wild life warden shall, if the provisions or resolutions of the convention or this act and any rules made hereunder have not been complied with, or if a false particular is furnished, refuse or cancel the licence as the case may be after providing the applicant with an opportunity of being heard. 3 the licence under subsection 1 shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed. 4 any person aggrieved by the refusal of the chief wild life warden or cancellation of licence under subsection 2 may prefer an appeal to the state government within a period of sixty days in such manner as may be prescribed. 1. ins. by act 18 of , s. 30 w.e.f. .

section 49q.species and scheduled specimens to be government property of the wild life protection act : 149q. species and scheduled specimens to be government property. 1 every species or scheduled specimen, in respect of which any offence against this act or rules made thereunder has been committed, shall become the property of the central government and the provisions of section 39 shall, without prejudice to the customs act, 52 of , apply, mutatis mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles. 2 where a living specimen of a species listed in schedule iv has been seized under this act or the customs act, 52 of or any other law for the time being in force as a result of import into india in contravention of this act, the management authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export. 3 the management authority may for such purposes consult the scientific authority as it deems appropriate. 1. ins. by act 18 of , s. 30 w.e.f. .

section 51a. of the wild life protection act : 151a. certain conditions to apply while granting bail.when any person accused of, the commission of any offence relating to schedule i 2 or offences relating to hunting inside the boundaries of national park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the act, then notwithstanding anything contained in the code of criminal procedure, 2 of no such person who had been previously convicted of an offence under this act shall, be released on bail unless a the public prosecutor has been given an opportunity of opposing the release on bail and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. state amendment assam insertion of section 51b.in the principal act, after section 51a, the following new section 51b shall be inserted, namely: 51b. offences to be cognizable, non bailabale and triable by the court of sessions.1 every offence punishable under this act shall be congnizable and nonbailable within the meaning of the code of criminal procedure, . 2 notwithstanding anything contained in the code of criminal procedure, , no person accused of an offence punishable under this act, shall be released on bail unless a the public prosecutor has been given an opportunity to oppose the application for such release and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail. 3 the offences under this act, shall be triable by the court of sessions of the respective jurisdiction. vide assam act 31 of , s. 3. 1. ins. by act 16 of , s. 31 w.e.f. . 2. the words and figures or part ii of schedule ii omitted by act 18 of , s. 33 w.e.f. .

section 49r. of the wild life protection act : 149r. application of provisions of act in respect of species listed in schedule i or ii and schedule iv. 1 where the same species is listed in schedule i or ii and schedule iv, then, the provisions of this act applicable to such species listed in schedule i or ii and the rules made thereunder shall apply. 2 nothing in sections 49m, 49n or 49o shall apply to a species listed in schedule i or schedule ii if the same species is also listed in scheduled iv. 3 the provisions of this chapter shall be subject to the provisions of chapters iii, iiia, iva, v, va and via and without prejudice to anything contained therein. 1. ins. by act 18 of , s. 30 w.e.f. .

section 50. of the wild life protection act : 1 notwithstanding anything contained in any other law for the time being in force, the director or any other officer authorised by him in this behalf 1or the management authority or any officer authorised by the management authority or the chief wild life warden or the authorised officer or any forest officer or any police officer not below the rank of a sub inspector 2or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an assistant commandant, may, if he has reasonable grounds for believing that any person has committed an offence against this act, a require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy or 3trophy, uncured trophy, specified plant or part or derivative thereof 4or scheduled specimen in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this act b stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession 5c seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, anddetain him: provided that where a fisherman, residing within ten kilometres of a sanctuary or national park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or national park, a fishing tackle or net on such boat shall not be seized. 6 3 it shall be lawful for any of the officers referred to in subsection 1 to stop and detainany person, whom he sees doing any act for which a licence or permit is required under the provisions of this act, for the purposes of requiring such person to produce the licence or permit and if such person fails to produce the licence or permit, as the case may be, he may be arrested without warrant, unless he furnishes his name and address, and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. 73a any officer of a rank not inferior to that of an assistant director of wild life preservation or 8an assistant conservator of forests who, or whose subordinate, has seized any captive animal or wild animal under clause c of subsection 1 may give the same for custody on the execution by any person of a bond for the production of such animal if and when so required, before the magistrate having jurisdiction to try the offence on account of which the seizure has been made. 4 any person detained, or things seized under the foregoing power, shall forthwith be taken before a magistrate to be dealt with according to law 6under intimation to the chief wild life warden or the officer authorised by him in this regard. 5 any person who, without reasonable cause, fails to produce anything, which he is required to produce under this section, shall be guilty of an offence against this act. 96 where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this section, the assistant director of wild life preservation or any other officer of a gazetted rank authorised by him in this behalf or the chief wild life warden or the authorised officer may arrange for the disposal of the same in such manner as may be prescribed. 7 whenever any person is approached by any of the officers referred to in subsection 1 for assistance in the prevention or detection of an offence against this act, or in apprehending persons charged with the violation of this act, or for seizure in accordance with clause c of subsection 1, it shall be the duty of such person or persons to render such assistance. 108 notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an assistant director of wild life preservation or 11an officer not below the rank of assistant conservator of forests authorised by the state government in this behalf shall have the powers, for purposes of making investigation into any offence against any provision of this act a to issue a search warrant b to enforce the attendance of witnesses c to compel the discovery and production of documents and material objects and d to receive and record evidence. 9 any evidence recorded under clause d of subsection 8 shall be admissible in any subsequent trial before a magistrate provided that it has been taken in the presence of the accused person. 1. ins. by act 18 of , s. 31 w.e.f. . 2. ins. by s. 31, ibid. w.e.f. . 3. subs. by s. 36, ibid., for trophy or uncured trophy w.e.f. . 4. ins. by act 18 of , s. 31 w.e.f. . 5. subs. by act 44 of , s. 36, for clause c w.e.f. . 6. subsection 2 omitted by s. 36, ibid w.e.f. . 7. ins. by s. 36, ibid. w.e.f. . 8. subs. by act 16 of , s. 29, for wild life warden, w.e.f. . 9. ins. by s. 29, ibid. w.e.f. . 10. subs. by s. 29, ibid., for subsection 6 w.e.f. . 11. ins. by act 44 of s. 36 w.e.f. .

section 54. of the wild life protection act : show related subordinates 154. power to compound offence. 1 the central government may, by notification, empower the director of wild life preservation or any other officer not below the rank of assistant director of wild life preservation and in the case of a state government in the similar manner, empower the chief wild life warden or any officer of a rank not below the rank of a deputy conservator of forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. 2 on payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. 3 the officer compounding any offence may order the cancellation of any licence or permit granted under this act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit. 4 the sum of money accepted or agreed to be accepted as composition under subsection 1 shall, in no case, exceed the sum of 2five lakh rupees: provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded. 1. subs. by s. 32, ibid., for section 54 w.e.f. . 2. subs. by act 18 of , s. 34, for twentyfive thousand rupees w.e.f. .

section 51. of the wild life protection act : 1 any person who 1contravenes any provision of this act 2except chapter va and section 38jor any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to 3three years, or with fine which may extend to 4one lakh rupees, or with both: 5provided that where the offence committed is in relation to any animal specified in schedule i 6 or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a national park or altering the boundaries of a sanctuary or a national park 7or where the offence relates to a specimen of a species listed on appendix i of schedule iv, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than 8twentyfive thousand rupees: provided further that in the case of a second or subsequent offence of the nature mentioned in this subsection, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than 9one lakh rupees. 101a any person who contravenes any provisions of chapter va, shall be punishable with imprisonment for a term which shall not be less than 11three years but which may extend to seven years and also with fine which shall not be less than 12twentyfive thousand rupees. 131b any person who contravenes the provisions of section 38j, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees. 2 when any person is convicted of an offence against this act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy,14uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part or derivative thereof in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under the provisions of this act, be cancelled. 3 such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence. 4 where any person is convicted of an offence against this act, the court may direct that the licence, if any, granted to such person under the arms act, 54 of , for possession of any arm with which an offence against this act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the arms act, , for a period of five years from the date of conviction. 155 nothing contained in section 360 of the code of criminal procedure, 2 of , or in the probation of offenders act, 20 of , shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of chapter va unless such person is under eighteen years of age. state amendment assam amendment of section 51.in the principal act, in section 51, in subsection 1, i in the first proviso, a in between the words hunting in and a sanctuary the words or outside the boundary of shall be inserted b for the words three years, seven years and ten thousand, the words seven years, ten years and fifty thousand respectively shall be substituted. ii in the second proviso, for the words three years, seven years and twenty five thousand, the words ten years, life imprisonment and seventy five thousand respectively, shall be substituted. vide assam act 31 of , s. 2. 1. subs. by act 28 of , s. 4, for contravenes any provision of this act w.e.f. . 2. subs. by act 44 of , s. 37, ibid., for except chapter va w.e.f. . 3. subs. by s. 37, ibid., for two years w.e.f. . 4. subs. by act 18 of , s. 32, for twentyfive thousand rupees w.e.f. , earlier subs. by s. 37, act 44 of , for two thousand rupees w.e.f. . 5. subs. by act 16 of , s. 30, for the first and second provisos w.e.f. . 6. the words and figures or part ii of schedule ii omitted by act 18 of , s. 32 w.e.f. . 7. ins. by act 18 of , s. 32, ibid. w.e.f. . 8. subs. by s. 32, ibid., for ten thousand rupees w.e.f. . 9. subs. by s. 32, ibid., for twentyfive thousand rupees w.e.f. . 10. ins. by act 28 of , s. 4 w.e.f. . 11. subs. by act 16 of , s. 30, for one year w.e.f. . 12. subs. by s. 30, ibid., for five thousand rupees w.e.f. . 13. ins. by act 44 of , s. 37 w.e.f. . 14. subs. by s. 37,ibid., for uncured trophy or meat w.e.f. . 15. ins. by act 44 of , s. 37. w.e.f. .

section 52. of the wild life protection act : whoever attempts to contravene, or abets the contravention of, any of the provisions of this act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be.

section 53. of the wild life protection act : if any person, exercising powers under this act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 55. of the wild life protection act : 155. cognizance of offences. no court shall take cognizance of any offence against this act on the complaint of any person other than a the director of wild life preservation or any other officer authorised in this behalf by the central government or 2aa the membersecretary, central zoo authority in matters relating to violation of the provisions of chapter iva or 3ab membersecretary, tiger conservation authority or ac director of the concerned tiger reserve or 4ad the management authority or any officer, including an officer of the wild life crime control bureau, authorised in this behalf by the central government or b the chief wild life warden, or any other officer authorised in this behalf by the state government 5subject to such conditions as may be specified by that government or 5bb the officerincharge of the zoo in respect of violation of provisions of section 38j or c any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the state government or the officer authorised as aforesaid.. b the chief wild life warden, or any other officer authorised in this behalf by the state government 6subject to such conditions as may be specified by that government or 7bb the officerincharge of the zoo in respect of violation of provisions of section 38j or c any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the state government or the officer authorised as aforesaid. 1. subs. by act 44 of , s. 39, for section 55 w.e.f. . 2. ins. by act 16 of , s. 33 w.e.f. . 3. ins. by act 39 of , s. 4 w.e.f. . 4. ins. by act 18 of , s. 35 w.e.f. . 5. ins. by act 16 of , s. 33 w.e.f. . 7. ins. by act 16 of , s. 33 w.e.f. .

section 56. of the wild life protection act : nothing in this act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this act or from being liable under such other law to any higher punishment or penalty than that provided by this act: provided that no person shall be punished twice for the same offence.

section 57. of the wild life protection act : where, in any prosecution for an offence against this act, it is established that a person is in possession, custody or control of any 1wild animal, captive animal, animal article, meat, 1trophy, uncured trophy, specified plant, or part or derivative thereof 2or scheduled specimen it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such 1wild animal, captive animal, animal article, meat, 2trophy, uncured trophy, specified plant, or part or derivative thereof 3or scheduled specimen. 1. subs. by act 18 of , s. 36, for captive animal w.e.f. . 2. subs. by act 44 of , s. 40, for trophy or uncured trophy w.e.f. . 3. ins. by act 18 of , s. 36 w.e.f. .

section 58. of the wild life protection act : 1 where an offence against this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence against this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 58a. of the wild life protection act : 158a. application. the provisions of this chapter shall apply only to the following persons, namely: a every person who has been convicted of an offence punishable under this act with imprisonment for a term of three years or more b every associate of a person referred to in clause a c any holder hereafter in this clause referred to as the present holder of any property which was at any time previously held by a person referred to in clause a or clause b unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58b. of the wild life protection act : 158b. definitions. in this chapter, unless the context otherwise requires, a appellate tribunal means the appellate tribunal for forfeited property constituted under section 58n b associate in relation to a person whose property is liable to be forfeited under this chapter, includes i any individual who had been or is managing the affairs or keeping the accounts of such person ii any association of persons, body of individuals, partnership firm or private company within the meaning of the companies act, 1 of of which such person had been or is a member, partner or director iii any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in subclause ii at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company iv any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in subclause iii v the trustee of any trust, where, 1 the trust has been created by such person or 2 the value of the assets contributed by such person including the value of the assets, if any, contributed by him earlier to the trust amounts on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date vi where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person c competent authority means an officer authorised under section 58d d concealment means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means e freezing means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58f f identifying includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products g illegally acquired property in relation to any person to whom this chapter applies, means, i any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives ii any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in subclause i or the income or earning from such property, and includes a any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration b any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item a, or the income or earnings therefrom h property means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products i relative means 1 spouse of the person 2 brother or sister of the person 3 brother or sister of the spouse of the person 4 any lineal ascendant or descendant of the person 5 any lineal ascendant or descendant of the spouse of the person 6 spouse of a person referred to in subclause 2, subclause 3, subclause 4 or subclause 5 7 any lineal descendant of a person referred to in subclause 2 or subclause 3 j tracing means determining the nature, source, disposition, movement, title or ownership of property k trust includes any other legal obligation. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58f. of the wild life protection act : 158f. seizure or freezing of illegally acquired property. 1 where any officer conducting an inquiry or investigation under section 58e has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: provided that a copy of such an order shall be sent to the competent authority within fortyeight hours of its being made. 2 any order made under subsection 1 shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. explanation. for the purposes of this section, transfer of property means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes a the creation of a trust in property b the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property c the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power and d any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58d. of the wild life protection act : 158d. competent authority. the state government may, by order published in the official gazette, authorise any officer not below the rank of chief conservator of forests to perform the functions of the competent authority under this chapter in respect of such persons or classes of persons as the state government may, direct. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58c. of the wild life protection act : 158c. prohibition of holding illegally acquired property. 1 from the date of commencement of this chapter, it shall not be lawful for any person to whom this chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. 2 where any person holds such property in contravention of the provisions of subsection 1, such property shall be liable to be forfeited to the state government concerned in accordance with the provisions of this chapter: provided that no property shall be forfeited under this chapter if such property was acquired by a person to whom this act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58e. of the wild life protection act : 158e. identifying illegally acquired property. 1 an officer not below the rank of deputy inspector general of police duly authorised by the central government or as the case may be, the state government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person. 2 the steps referred to in subsection 1 may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary. 3 any inquiry, investigation or survey referred to in subsection 2 shall be carried out by an officer mentioned in subsection 1 in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58j. of the wild life protection act : 158j. burden of proof. in any proceedings under this chapter, the burden of proving that any property specified in the notice served under section 58h is not illegally acquired property shall be on the person affected. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58g. of the wild life protection act : 158g. management of properties seized or forfeited under this chapter. 1 the state government may, by order published in the official gazette, appoint as many of its officers not below the rank of conservator of forests as it thinks fit, to perform the functions of an administrator. 2 the administrator appointed under subsection 1 shall receive and manage the property in relation to which an order has been made under subsection 1 of section 58f or under section 58i in such manner and subject to such conditions as may be prescribed. 3 the administrator shall also take such measures as the state government may direct, to dispose of the property which is forfeited to the state government. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58h. of the wild life protection act : 158h. notice of forfeiture of property. 1 if having regard to the value of the properties held by any person to whom this chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58e or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person hereinafter referred to as the person affected calling upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the state government under this chapter and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars. 2 where a notice under subsection 1 to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58i. forfeiture of property in certain cases of the wild life protection act : 158i. forfeiture of property in certain cases. 1 the competent authority may, after considering the explanation, if any, to the show cause notice issued under section 58h, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: provided that if the person affected and in a case where the person affected holds any property specified in the notice through any other person, such other person also, does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this subsection ex parte on the basis of evidence available before it. 2 where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under subsection 1 within a period of ninety days. 3 where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this chapter stand forfeited to the state government free from all encumbrances. 4 in case the person affected establishes that the property specified in the notice issued under section 58h is not an illegally acquired property and therefore not liable to be forfeited under the act, the said notice shall be withdrawn and the property shall be released forthwith. 5 where any shares in a company stand forfeited to the state government under this chapter, the company shall, notwithstanding anything contained in the companies act, 1 of or the article of association of the company, forthwith register the state government as the transferee of such shares. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58n. of the wild life protection act : 158n. constitution of appellate tribunal. 1 the state government may, by notification in the official gazette, constitute an appellate tribunal to be called the appellate tribunal for forfeited property consisting of a chairman, and such number of other members being officers of the state government not below the rank of a principal secretary to the government, as the state government thinks fit, to be appointed by that government for hearing appeals against the orders made under section 58f, section 58i, subsection 1 of section 58k or section 58l. 2 the chairman of the appellate tribunal shall be a person who is or has been or is qualified to be a judge of a high court. 3 the terms and conditions of service of the chairman and other members shall be such as may be prescribed. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58l. of the wild life protection act : 158l. procedure in relation to certain trust properties. in the case of any person referred to in subclause vi of clause b of section 58b, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 58h and all the other provisions of this chapter shall apply accordingly. explanation.for the purposes of this section illegally acquired property in relation to any property held in trust, includes i any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor ii any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58k. of the wild life protection act : 158k. fine in lieu of forfeiture. 1 where the competent authority makes a declaration that any property stands forfeited to the state government under section 58i and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. 2 before making an order imposing a fine under subsection 1, the person affected shall be given a reasonable opportunity of being heard. 3 where the person affected pays the fine due under subsection 1, within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58i and thereupon such property shall stand released. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58m. of the wild life protection act : 158m. certain transfers to be null and void. where after the making of an order under subsection 1 of section 58f or the issue of a notice under section 58h or under section 58l, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this chapter, be ignored and if such property is subsequently forfeited to the state government under section 58i, then, the transfer of such property shall be deemed to be null and void. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58o. of the wild life protection act : 158o. appeals. 1 any person aggrieved by an order of the competent authority made under section 58f, section 58i, subsection 1 of section 58k or section 58l may, within fortyfive days from the date on which the order is served on him prefer an appeal to the appellate tribunal: provided that the appellate tribunal may entertain an appeal after the said period of fortyfive days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. 3 the appellate tribunal may regulate its own procedure. 4 on application to the appellate tribunal and on payment of the prescribed fee, the appellate tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the appellate tribunal and obtain a certified copy or any part thereof. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58p. of the wild life protection act : 158p. notice or order not to be invalid for error in description. no notice issued or served, no declaration made, and no order passed under this chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58q. of the wild life protection act : 158q. bar of jurisdiction. no order passed or declaration made under this chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the appellate tribunal or any competent authority is empowered by or under this chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this chapter. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58r. of the wild life protection act : 158r. competent authority and appellate tribunal to have powers of civil court.the competent authority and the appellate tribunal shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for examination of witnesses or documents f any other matter which may be prescribed. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58s. of the wild life protection act : 158s. information to competent authority. 1 notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to require any officer or authority of the central government or a state government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this chapter. 2 every officer referred to in section 58t may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this chapter. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58x. of the wild life protection act : 158x. service of notices and orders. any notice or order issued or made under this chapter shall be served, a by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent b if the notice or order cannot be served in the manner provided in clause a, then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58u. of the wild life protection act : 158u. power to take possession. 1 where any property has been declared to be forfeited to the state government under this chapter, or where the person affected has failed to pay the fine due under subsection 1 of section 58k within the time allowed therefor under subsection 3 of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the administrator appointed under section 58g or to any person duly authorised by him in this behalf within thirty days of the service of the order. 2 if any person refuses or fails to comply with an order made under subsection 1, the administrator may take possession of the property and may for that purpose use such force as may be necessary. 3 notwithstanding anything contained in subsection 2, the administrator may, for the purpose of taking possession of any property referred to in subsection 1 requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58t. of the wild life protection act : 158t. certain officers to assist administrator, competent authority and appellate tribunal. for the purposes of any proceedings under this chapter, the following officers shall render such assistance as may be necessary to the administrator appointed under section 58g, competent authority and the appellate tribunal, namely: a officers of police b officers of the state forest departments c officers of the central economic intelligence bureau d officers of the directorate of revenue intelligence e such other officers as specified by the state government in this behalf by notification in the official gazette. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58v. of the wild life protection act : 158v. rectification of mistakes. with a view to rectifying any mistake apparent from record, the competent authority or the appellate tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58w. of the wild life protection act : 158w. findings under other laws not conclusive for proceedings under this chapter. no finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this chapter. 1. ins. by act 16 of , s. 34 w.e.f. .

section 58y. of the wild life protection act : 158y.punishment for acquiring property in relation to which proceedings have been taken under this chapter. any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under this chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees. 1. ins. by act 16 of , s. 34 w.e.f. .

section 59. of the wild life protection act : every officer referred to 1in chapter ii and the chairperson, members, membersecretary and other officers and employees referred to in chapter iva, 2chapter ivb and every other officer exercising any of the powers conferred by this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 44 of , s. 41, for in chapter ii and w.e.f. . 2. ins. by act 39 of , s. 5 w.e.f. .

section 60. of the wild life protection act : 1 nosuit, prosecution or other legal proceeding shall lie against any officer or other employee of the central government or the state government for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or the state government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act. 13 no suit or other legal proceeding shall lie against the authority referred to in chapter iva 2chapter ivb and its chairperson, members, membersecretary, officers and other employees for anything which is in good faith done or intended to be done under this act. 1. ins. by act 44 of , s. 42 w.e.f. . 2. ins. by act 39 of , s. 6 w.e.f. .

section 60a. of the wild life protection act : 160a. reward to persons. 1 when a court imposes a sentence of fine or a sentence of which fine forms a part, the court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding 2fifty per cent. of such fine. 2 where a case is compounded under sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding 3fifty per cent. of such money. 1. ins. by act 44 of , s. 43 w.e.f. . 2. subs. by act 16 of , s. 35, for twenty per cent. of such fine w.e.f. . 3. subs. by s. 35, ibid., for twenty per cent. of such money w.e.f. .

section 62a., of invasive alien species. of the wild life protection act : 162a. regulation or prohibition of import, etc., of invasive alien species.1 the central government may, by notification, regulate or prohibit the import, trade, possession or proliferation of invasive alien species which pose a threat to the wild life or habitat in india. 2 the central government may authorise the director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under subsection 1. 1. ins. by s. 39, ibid w.e.f. .

section 61.power to alter entries in schedules of the wild life protection act : show related subordinates 1 the central government may, if it is of opinion that it is expedient so to do, by notification, 1 2amend any schedule or add or delete any entry to or from any schedule or transfer any entry from one part of a schedule to another part of the same schedule or from one schedule to another. 3 3 on the issue of a notification under subsection 1, 4 the relevant schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration. 5 provided that any such alteration made by the state government, if it has been made with the previous consent of the central government, shall prevail in that state: provided further that nothing in the foregoing proviso shall prevent the central government from modifying or cancelling, at any time, the alteration made by the state government. 1. subs. by act 44 of , s. 44, for add any entry to any schedule w.e.f. . 2. subs. by act 18 of , s. 37, for add w.e.f. . 3. subsection 2 omitted by s. 44, ibid. w.e.f. . 4. the words brackets and figure or subsection 2 omitted by act 44 of , s. 44 w.e.f. . 5. subsection 4 omitted by s. 44, ibid. w.e.f. . rules notifications yeardescriptionfiles notification wild life proteciton act, yeardescriptionfiles wildlife section i notification the wildlife protection act, 53 of , s.o.474e, 28/5/ additions to schedule i of the wild life protection act, 53 of s.o.665e, 11/7/ amendments to schedule i and schedule iii of the wild life protection act, 53 of wildlife protection act, s.o.e, 5/12/ amendments to schedule i and schedule iv of the wild life protection act, 53 of s.o.e, 30/9/ amendments to schedule i and part ii of schedule ii of the wild life protection act, 53 of the wildlife protection act, 53 of

section 60b. of the wild life protection act : 160b. reward by state government. the state government may empower the chief wild life warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed. 1. ins. by s. 36, ibid. w.e.f. .

section 62. of the wild life protection act : 1the central government may, by notification, declare any wild animal 2specified in schedule ii to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be 3deemed not to be included in schedule ii for such area and for such period as specified in the notification. 1. subs. by act 44 of , s. 45, for certain words w.e.f. . 2. subs. by act 18 of , s. 38, for other than those specified in schedule i and part ii of schedule ii w.e.f. . 3. subs. by s. 38, ibid., for deemed to have been included in schedule v w.e.f. .

section 64. of the wild life protection act : 1 the state government may, by notification, make rules for carrying out the provisions of this act in respect of matters which do not fall within the purview of section 63. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the board under subsection 2 of section 6 b allowances referred to in subsection 3 of section 6 cthe forms to be used for any application, certificate, claim,declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this act and the fees, if any, therefor d the conditions subject to which any licence or permit may be granted under this act 2dd the conditions subject to which the officers will be authorised to file cases in the court e the particulars of the record of wild animals captured or killed to be kept and submitted by the licensee 3ee the manner in which measures for immunisation of livestock shall be taken fregulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies g regulation of taxidermy 4ga the manner and conditions subject to which the administrator shall receive and manage the property under subsection 2 of section 58g gb the terms and conditions of service of the chairman and other members under subsection 3 of section 58n gc the fund from which and the manner in which payment of reward under section 60b shall be made h any other matter which has to be, or may be, prescribed under this act. 1. subs. by act 16 of , s. 38, for clauses a and b w.e.f. . 2. ins. by s. 38, ibid. w.e.f. . 3. ins. by act 44 of , s. 47 w.e.f. . 3. ins. by act 16 of , s. 38 w.e.f. .

section 62b. of the wild life protection act : 162b. power to issue directions.notwithstanding any other provision of this act, the central government may call for any information or report from a state government or any such other agency or body or issue any direction to a state government or any such other agency or body for effective implementation of the provisions of the act for the protection, conservation and management of wild life in the country. 1. ins. by s. 39, ibid w.e.f. .

section 63.power of central government to make rules of the wild life protection act : show related subordinates 11 the central government may, by notification, make rules for all or any of the following matters, namely: a conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section17f 2ai the term of office of members other than those who are members ex officio the manner of filling vacancies, the procedure to be followed by the national board under subsection 2 and allowances of those members under subsection 3 of section 5a 3aa the matters to be prescribed under clause b of subsection 4 of section 44 b the salaries, allowances and other conditions of appointment of chairperson, members and membersecretary under subsection 5 of section 38b c the terms and conditions of service of the officers and other employees of the central zoo authority under subsection 7 of section 38b d the form in which the annual statement of accounts of the central zoo authority shall be prepared under subsection 4 of section 38e e the form in which and the time at which the annual report of the central zoo authority shall be prepared under section 38f f the form in which and the fee required to be paid with the application for recognition of a zoo under subsection 2 of section 38h g the standards, norms and other matters to be considered for granting recognition under subsection 4 of section 38h 4gi qualifications and experience of experts or professionals under clause d of subsection 2 of section 381 gii the salaries and allowances and other conditions of appointment of the members under subsection 4 of section 38m giii the terms and conditions of service of the officers and other employees of the tiger conservation authority under subsection 2 of section 38n giv the form in which the annual statement of accounts of tiger conservation authority shall be prepared under subsection 1 of section 38r gv the form in which and the time at which the annual report of tiger conservation authority shall be prepared under section 38s gvi other powers of the wild life crime control bureau under clause ii of subsection 2 of section 38z. 5gvii the manner of disposal of government property under subsection 5 of section 39 gviii the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to subsection 2 of section 43 h the form in which declaration shall be made under subsection 2 of section 44 i the matters to be prescribed under cl. b of subsection 4 of section 44 j the terms and conditions which shall govern transaction referred to in clause b of section 48 6ji the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the management authority under subsection 4 of section 49e jii the conditions and procedures subject to which any exemption provided for in article vii of the convention may be availed under subsection 2 of section 49h jiii the reporting of details of scheduled specimens and the transaction as per subsection 3 of section 49h jiv the form and manner of application, the fee payable, the conditions and the procedure to be followed under subsection 5 of section 49h jv the matters provided for in subsections 8 and 9 of section 49m jvi the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per subsection 2 of section 49n jvii the fee payable for renewal of licence as per subsection 3, and manner of making appeal under subsection 4, of section 49o jviii any other matter for proper implementation of the convention as may be required under chapter vb k the manner in which notice may be given by a person under clause c of section 55 1 the matters specified in subsection 2 of section 64 in so far as they relate to sanctuaries and national parks declared by the central government. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by s. 46, ibid., for subsection 1 w.e.f. . 2. ins. by act 16 of , s. 37 w.e.f. . 3. ins. by act 23 of , s. 4 w.e.f. . 4. ins. by act 39 of , s. 7 w.e.f. . 5. ins. by act 18 of , s. 40 w.e.f. . 6. ins. by s. 40, ibid w.e.f. .

section 66. of the wild life protection act : 1 as from the commencement of this act, every other act relating to any matter contained in this act and in force in a state shall, to the extent to which that act or any provision contained therein corresponds, or is repugnant, to this act or any provision contained in this act, stand repealed: provided that such repeal shall not, i affect the previous operation of the act so repealed, or anything duly done or suffered thereunder ii affect any right, privilege, obligation or liability, acquired, accrued or incurred under the act so repealed iii affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the act so repealed or iv affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. punishment may be imposed, as if the aforesaid act had not been repealed. 2 notwithstanding such repeal, a anything done or any action taken under the act so repealed, including any notification, order, certificate, notice or receipt issued, application made, or permit granted which is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act as, if this act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this act b every licence granted under any act so repealed and in force immediately before the commencement of this act shall be deemed to have been granted under the corresponding provisions of this act and shall, subject to the provisions of this act, continue to be in force for the unexpired portion. of the period for which such licence had been granted. 3 for the removal of doubts, it is hereby declared that any sanctuary or national park declared by a state government under any act repealed under subsection 1 shall be deemed to be a sanctuary or national park, as, the case may be, declared by the state government under this act and where any right in or over any land in any such national park which had not been extinguished under the said act, at or before the commencement of this act, the extinguishment of such rights shall be made in accordance with the provisions of this act. 14 for the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 both inclusive is pending on the date of commencement of the wild life protection amendment act, 44 of , any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section. 26a. 1. ins. by act 44 of , s. 48 w.e.f. .

section 65. of the wild life protection act : nothing in this act shall affect the hunting rights conferred on the scheduled tribes of the nicobar islands in the union territory of andaman and nicobar islands by notification of the andaman and nicobar administration, no. 40,/67/f, no. g635, vol. iii, dated the 28th april, , published at pages 1 to 5 of the extraordinary issue of the andaman and nicobar gazette, dated the 28th april, .

section 3. of the election laws extension to sikkim act : 1 the election laws extension to sikkim ordinance, 9 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under or by virtue of the said ordinance shall be deemed to have been done or taken under or by virtue of this act.

section 2. of the election laws extension to sikkim act : 1 the acts mentioned in the schedule are hereby extended to, and shall be in force in, the state of sikkim. 2 with effect from the commencement of this act, the acts mentioned in the schedule shall be amended as specified therein. 3 any reference in the acts mentioned in the schedule to a law not in force, or to a functionary not in existence, in the state of sikkim shall be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that state: provided that if any question arises as to who such corresponding functionary is, or if there is no such corresponding functionary, the central government shall decide as to who such functionary will be and the decision of the central government shall be final.

section 1. of the election laws extension to sikkim act : 1 this act may be called the election laws extension to sikkim act, . 2 it shall be deemed to have come into force on the 9th day of september, .

section 8. of the sales promotion employees conditions of service act : 1 the state government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act and may define the local limits within which they shall exercise their functions. 2 any inspector appointed under subsection 1 may, for the purpose of ascertaining whether any of the provisions of this act have been complied with in respect of an establishment, a require an employer to furnish such information as he may consider necessary b at any reasonable time enter the establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any registers and other documents relating to the employment of sales promotion employees c examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other person found in charge of the establishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be or to have been a sales promotion employee in the establishment d make copies of or take extracts from any register or other documents maintained in relation to the establishment under this act e exercise such other powers as may be prescribed. 3 every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 45 of 4 any person required to produce any register or other document or to give information by an inspector under subsection 2 shall be legally bound to do so.

section 1. of the sales promotion employees conditions of service act : show related subordinates 1 this act may be called the sales promotion employees conditions of service act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different states. 4 it shall apply in the first instance to every establishment engaged in pharmaceutical industry. 5 the central government may, by notification in the official gazette, apply the provisions of this act, with effect from such date as may be specified in the notification, to any other establishment engaged in any notified industry. 1. 6th march, , vide notification no. s.o. 176e, dated 6th march, , see gazette of india, extraordinary,part ii, sec. 3ii.

section 7. of the sales promotion employees conditions of service act : every employer in relation to an establishment shall keep and maintain such registers and other documents and in such manner as may be prescribed.

section 2. of the sales promotion employees conditions of service act : in this act, unless the context otherwise requires, a establishment means an establishment engaged in pharmaceutical industry or in any notified industry b notified industry means an industry declared as such under section 3 c prescribed means prescribed by rules made under this act 1 d sales promotion employees means any person by whatever name called including an apprentice employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, but does not include any such person i who, being employed or engaged in a supervisory capacity, draws wages exceeding sixteen hundred rupees per mensem or ii who is employed or engaged mainly in a managerial or administrative capacity. explanation.for the purposes of this clause, the wages per mensem of a person shall be deemed to be the amount equal to thirty times his total wages whether or not including, or comprising only of, commission in respect of the continuous period of his service falling within the period of twelve months immediately preceding the date with reference to which the calculation is to be made, divided by the number of days comprising that period of service e all words and expressions used but not defined in this act and defined in the industrial disputes act, 14 of , shall have the meanings respectively assigned to them in that act. 1. subs. by act 48 of , s. 2, for clause d w.e.f. .

section 3. of the sales promotion employees conditions of service act : the central government may, having regard to the nature of any industry not being pharmaceutical industry, the number of employees employed in such industry to do any work relating to promotion of sales or business or both, the conditions of service of such employees and such other factors which, in the opinion of the central government, are relevant, declare such industry to be a notified industry for the purposes of this act.

section 9. of the sales promotion employees conditions of service act : if any employer contravenes the provisions of section 4 or section 5 or section 7 or any rules made under this act, he shall be punishable with fine which may extend to one thousand rupees. state amendment union territory of jammu and kashmir and ladakh insertion of new sectionafter section 9, insert 9a. compounding of offences.1 any offence punishable under sections 4, 5 and 7 or any rules made under this act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf: provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.. vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . state amendment union territory of jammu and kashmir and ladakh insertion of new sectionafter section 9, insert 9a. compounding of offences.1 any offence punishable under sections 4, 5 and 7 or any rules made under this act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate government may, by notification in the official gazette, specify in this behalf: provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.. vide union territory of jammu and kashmir reorganisation adaptation of central laws second order, , vide notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 5. of the sales promotion employees conditions of service act : every employer in relation to a sales promotion employee shall furnish to such employee a letter of appointment, in such form as may be prescribed, a in a case where he holds appointment as such at the commencement of this act, within three months of such commencement and b in any other case, on his appointment as such.

section 11a. of the sales promotion employees conditions of service act : 1 11a. effect of laws and agreements inconsistent with this act.1 the provisions of this act or of any rule made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, settlement or contract of service, whether made before or after the coming into force of this act: provided that where under any such law, award, agreement, settlement or contract of service, a sales promotion employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this act, the sales promotion employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed to preclude a sales promotion employee from entering into an agreement with his employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this act. 1. ins. by act 69 of , s. 2 w.e.f. .

section 4. of the sales promotion employees conditions of service act : 1 1 in addition to such holidays, casual leave or other kinds of leave as may be prescribed, every sales promotion employee 2 shall be granted, if so requested for a earned leave on full wages for not less than one eleventh of the period spent on duty b leave on medical certificate on onehalf of the wages for not less than oneeighteenth of the period of service. 3 2 the maximum limit up to which a sales promotion employee may accumulate earned leave shall be such as may be prescribed. 3 the limit up to which the earned leave may be availed of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as may be prescribed. 4 a sales promotion employee shall, a when he voluntarily relinquishes his post or retires from service, or b when his services are terminated for any reason whatsoever not being termination as punishment, be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed including conditions by way of specifying the maximum period for which such cash compensation shall be payable, in respect of the earned leave earned by him and not availed of. 5 where a sales promotion employee dies while in service, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of. 6 the cash compensation which will be payable to a sales promotion employee or, as the case may be, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or are entitled to cash compensation under subsection 4 or subsection 5, as the case may be, shall be an amount equal to the wages due to such sales promotion employee for such period. 1. section 4 renumbered as subsection 1 thereof by act 48 of , s. 3 w.e.f. . 2. the words and brackets drawing wages being wages, not including any commission omitted by s. 3, ibid. w.e.f. 83 . 3. ins. by s. 3, ibid. w.e.f. .

section 6. of the sales promotion employees conditions of service act : 1 the provisions of the workmens compensation act, 8 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that act. 6 2 the provisions of the industrial disputes act, 14 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, workmen within the meaning of that act and for the purposes of any proceeding under that act in relation to an industrial dispute, a sales promotion employee shall be deemed to include a sales promotion employee who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenchment had led to that dispute. 3 the provisions of the minimum wages act, 11 of , as in force for the time being,4 the provisions of the maternity benefit act, 53 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees, being women, as they apply to, or in relation to, women employed, whether directly or through any agency, for wages in any establishment within the meaning of that act. 4 the provisions of the maternity benefit act, 53 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees, being women, as they apply to, or in relation to, women employed, whether directly or through any agency, for wages in any establishment within the meaning of that act. 5 the provisions of the payment of bonus act, 21 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that act. 6 the provisions of the payment of gratuity act, 39 of , as in force for the time being, shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that act. 7 7 notwithstanding anything contained in the foregoing subsections, a in the application of any act referred to in any of the said subsections to sales promotion employees, the wages of a sales promotion employee for the purposes of such act, shall be deemed to be his wages as computed in accordance with the provisions of this act b where an act referred to in any of the said subsections provides for a ceiling limit as to wages so as to exclude from the purview of the application of such act persons whose wages exceed such ceiling limit, such act shall not apply to any sales promotion employee whose wages as computed in accordance with the provisions of this act exceed such ceiling limit. shall apply to, or in relation to, sales promotion employees as they apply to, or in relation to, employees within the meaning of that act. 1. subsection 2 shall stand omitted date to be notified by act 46 of , s. 2. 2. ins. by act 48 of , s. 4 w.e.f. .

section 12. of the sales promotion employees conditions of service act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the kinds of leave that may be granted to a sales promotion employee 1 , the limit up to which he may accumulate earned leave, the limit up to which he may avail of earned leave at a time and the reasons for which such limit may be exceeded, the conditions and restrictions subject to which he may be entitled to cash compensation under section 4 b the form of the letter of appointment to be furnished under section 5 c the registers and other documents to be kept and maintained under section 7 and the manner in which such registers and other documents may be kept and maintained d any other matter which has to be, or may be prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 48 of , s. 5 w.e.f. .

section 10. of the sales promotion employees conditions of service act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this section, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly. 3 for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 11. of the sales promotion employees conditions of service act : 1 no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this act. 2 no court shall take cognizance of an offence under this act, unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

section 7.duration of protective duties and power of central government to alter them of the customs tariff act : 1 when the duty specified in respect of any article in the first schedule is characterised as protective in 1column 5 of that schedule, that duty shall have effect only up to and inclusive of the date, if any, specified in that schedule. 2 where in respect of any such article the central government is satisfied after such inquiry as it thinks necessary that such duty has become ineffective or excessive for the purpose of securing the protection intended to be afforded by it to a similar article manufactured in india and that circumstances exist which render it necessary to take immediate action, it may, by notification in the official gazette, increase or reduce such duty to such extent as it thinks necessary. 3 every notification under subsection 2, insofar as it relates to increase of such duty, shall be laid before each house of parliament if it is sitting as soon as may be after the issue of the notification, and if it is not sitting within seven days of its reassembly, and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. 4 for the removal of doubts, it is hereby declared that any notification issued under subsection 2, including any such notification approved or modified under subsection 3, may be rescinded by the central government at any time by notification in the official gazette. 1. subs. by act 26 of , s. 3, for column 6 w.e.f. .

section 1. of the customs tariff act : 1 this act may be called the customs tariff act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 2nd august, , vide notification no. 398cus., dated 31st july, , see gazette of india, extraordinary, part ii, sec. 3i.

section 6. of the customs tariff act : 1 where the central government, upon a recommendation made to it in this behalf by the tariff commission established under the tariff commission act, 50 of , is satisfied that circumstances exist which render it necessary to take immediate action to provide for the protection of the interests of any industry established in india, the central government may, by notification in the official gazette, impose on any goods imported into india in respect of which the said recommendation is made, a duty of customs of such amount, not exceeding the amount proposed in the said recommendation, as it thinks fit. 2 every duty imposed on any goods under subsection 1 shall, for the purposes of this act, be deemed to have been specified in the first schedule as the duty leviable in respect of such goods. 3 where a notification has been issued under subsection 1, the central government shall, unless the notification is in the meantime rescinded, have a bill introduced in parliament, as soon as may be, but in any case during the next session of parliament following the date of the issue of the notification to give effect to the proposals in regard to the continuance of a protective duty of customs on the goods to which the notification relates, and the notification shall cease to have effect when such bill becomes law, whether with or without modifications, but without prejudice to the validity of anything previously done thereunder: provided that if the notification under subsection 1 is issued when parliament is in session, such a bill shall be introduced in parliament during that session: provided further that where, for any reason, a bill as aforesaid does not become law within six months from the date of its introduction in parliament, the notification shall cease to have effect on the expiration of the said period of six months, but without prejudice to the validity of anything previously done thereunder.

section 2. of the customs tariff act : the rates at which duties of customs shall be levied under the customs act, 52 of , are specified in the first and second schedules.

section 3. of the customs tariff act : 13. levy of additional duty equal to excise duty, sales tax, local taxes and other charges1 any article which is imported into india shall, in addition, be liable to a duty hereafter in this section referred to as the additional duty equal to the excise duty for the time being leviable on a like article if produced or manufactured in india and if such excise duty on a like article is leviable at any percentage of its value, the additional duty to which the imported article shall be so liable shall be calculated at that percentage of the value of the imported article: provided that in case of any alcoholic liquor for human consumption imported into india, the central government may, by notification in the official gazette, specify the rate of additional duty having regard to the excise duty for the time being leviable on a like alcoholic liquor produced or manufactured in different states or, if a like alcoholic liquor is not produced or manufactured in any state, then, having regard to the excise duty which would be leviable for the time being in different states on the class or description of alcoholic liquor to which such imported alcoholic liquor belongs. explanationin this subsection, the expression the excise duty for the time being leviable on a like article if produced or manufactured in india means the excise duty for the time being in force which would be leviable on a like article if produced or manufactured in india or, if a like article is not so produced or manufactured, which would be leviable on the class or description of articles to which the imported article belongs, and where such duty is leviable at different rates, the highest duty. 2 for the purpose of calculating under subsections 1 and 3, the additional duty on any imported article, where such duty is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 52 of , be the aggregate of i the value of the imported article determined under subsection 1 of section 14 of the customs act, 52 of or the tariff value of such article fixed under subsection 2 of that section, as the case may be and of , and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include ii any duty of customs chargeable on that article under section 12 of the customs act, 52 of , and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include 2a the duty referred to in subsections 1, 3, 5, 7 and 9 b the safeguard duty referred to in sections 8b and 8c c the countervailing duty referred to in section 9 and d the antidumping duty referred to in section 9a: 3 provided that in case of an article imported into india, a in relation to which it is required, under the provisions of the 4legal metrology act, 1 of or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the retail sale price of such article and b where the like article produced or manufactured in india, or in case where such like article is not so produced or manufactured, then, the class or description of articles to which the imported article belongs, is i the goods specified by notification in the official gazette under subsection 1 of section 4a of the central excise act, 1 of , the value of the imported article shall be deemed to be the retail sale price declared on the imported article less such amount of abatement, if any, from such retail sale price as the central government may, by notification in the official gazette, allow in respect of such like article under subsection 2 of section 4a of that act or 5 explanationwhere on any imported article more than one retail sale price is declared, the maximum of such retail sale price shall be deemed to be the retail sale price for the purposes of this section. 6 provided further that in the case of an article imported into india, where the central government has fixed a tariff value for the like article produced or manufactured in india under subsection 2 of section 3 of the central excise act, 1 of , the value of the imported article shall be deemed to be such tariff value. explanationwhere on any imported article more than one retail sale price is declared, the maximum of such retail sale price shall be deemed to be the retail sale price for the purposes of this section. 3 if the central government is satisfied that it is necessary in the public interest to levy on any imported article whether on such article duty is leviable under subsection 1 or not such additional duty as would counterbalance the excise duty leviable on any raw materials, components and ingredients of the same nature as, or similar to those, used in the production or manufacture of such article, it may, by notification in the official gazette, direct that such imported article shall, in addition, be liable to an additional duty representing such portion of the excise duty leviable on such raw materials, components and ingredients as, in either case, may be determined by rules made by the central government in this behalf. 4 in making any rules for the purposes of subsection 3, the central government shall have regard to the average quantum of the excise duty payable on the raw materials, components or ingredients used in the production or manufacture of such like article. 5 if the central government is satisfied that it is necessary in the public interest to levy on any imported article whether on such article duty is leviable under subsection 1 or, as the case may be, subsection 3 or not such additional duty as would counterbalance the sales tax, value added tax, local tax or any other charges for the time being leviable on a like article on its sale, purchase or transportation in india, it may, by notification in the official gazette, direct that such imported article shall, in addition, be liable to an additional duty at a rate not exceeding four per cent. of the value of the imported article as specified in that notification. explanationin this subsection, the expression sales tax, value added tax, local tax or any other charges for the time being leviable on a like article on its sale, purchase or transportation in india means the sales tax, value added tax, local tax or other charges for the time being in force, which would be leviable on a like article if sold, purchased or transported in india or, if a like article is not so sold, purchased or transported, which would be leviable on the class or description of articles to which the imported article belongs, and where such taxes, or, as the case may be, such charges are leviable at different rates, the highest such tax or, as the case may be, such charge. 6 for the purpose of calculating under subsection 5, the additional duty on any imported article, the value of the imported article shall, notwithstanding anything contained in subsection 2, or section 14 of the customs act, 52 of , be the aggregate of i the value of the imported article determined under subsection 1 of section 14 of the customs act, 52 of or the tariff value of such article fixed under subsection 2 of that section, as the case may be and ii any duty of customs chargeable on that article under section 12 of the customs act, , 52 of , and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include 7 a the duty referred to in subsections 5, 7 and 9 b the safeguard duty referred to in sections 8b and 8c c the countervailing duty referred to in section 9 and d the antidumping duty referred to in section 9a. 8 7 any article which is imported into india shall, in addition, be liable to integrated tax at such rate, not exceeding forty per cent. as is leviable under section 5 of the integrated goods and services tax act, on a like article on its supply in india, on the value of the imported article as determined under subsection 8 9or subsection 8a, as the case may be. 8 for the purposes of calculating the integrated tax under subsection 7 on any imported article where such tax is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 52 of , be the aggregate of a the value of the imported article determined under subsection 1 of section 14 of the customs act, 52 of or the tariff value of such article fixed under subsection 2 of that section, as the case may be and b any duty of customs chargeable on that article under section 12 of the customs act, 52 of , and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in subsection 7 or the cess referred to in subsection 9. 108a where the goods deposited in a warehouse under the provisions of the customs act, 52 of are sold to any person before clearance for home consumption or export under the said act, the value of such goods for the purpose of calculating the integrated tax under subsection 7 shall be, a where the whole of the goods are sold, the value determined under subsection 8 or the transaction value of such goods, whichever is higher or b where any part of the goods is sold, the proportionate value of such goods as determined under subsection 8 or the transaction value of such goods, whichever is higher: provided that where the whole of the warehoused goods or any part thereof are sold more than once before such clearance for home consumption or export, the transaction value of the last such transaction shall be the transaction value for the purposes of clause a or clause b: provided further that in respect of warehoused goods which remain unsold, the value or the proportionate value, as the case may be, of such goods shall be determined in accordance with the provisions of subsection 8. explanation for the purposes of this subsection, the expression transaction value, in relation to warehoused goods, means the amount paid or payable as consideration for the sale of such goods. 9 any article which is imported into india shall, in addition, be liable to the goods and services tax compensation cess at such rate, as is leviable under section 8 of the goods and services tax compensation to states cess act, on a like article on its supply in india, on the value of the imported article as determined under subsection cor subsection 10a, as the case may be. 10 for the purposes of calculating the goods and services tax compensation cess under subsection 9 on any imported article where such cess is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the customs act, 52 of , be the aggregate of a the value of the imported article determined under subsection 1 of section 14 of the customs act, or the tariff value of such article fixed under subsection 2 of that section, as the case may be and b any duty of customs chargeable on that article under section 12 of the customs act, , and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in subsection 7 or the cess referred to in subsection 9. 11 10a where the goods deposited in a warehouse under the provisions of the customs act, 52 of are sold to any person before clearance for home consumption or export under the said act, the value of such goods for the purpose of calculating the goods and services tax compensation cess under subsection 9 shall be, a where the whole of the goods are sold, the value determined under subsection 10 or the transaction value of such goods, whichever is higher or b where any part of the goods is sold, the proportionate value of such goods as determined under subsection 10 or the transaction value of such goods, whichever is higher: provided that where the whole of the warehoused goods or any part thereof are sold more than once before such clearance for home consumption or export, the transaction value of the last of such transaction shall be the transaction value for the purposes of clause a or clause b: provided further that in respect of warehoused goods which remain unsold, the value or the proportionate value, as the case may be, of such goods shall be determined in accordance with the provisions of subsection 10. explanationfor the purposes of this subsection, the expression transaction value, in relation to warehoused goods, means the amount paid or payable as consideration for the sale of such goods. 11 the duty or tax or cess, as the case may be, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this act or under any other law for the time being in force. 12 the provisions of the customs act, 52 of and the rules and regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far as may be, apply to the duty or tax or cess, as the case may be, chargeable under this section as they apply in relation to the duties leviable under that act. 1.subs. by act 18 of , s. 72, for section 3 w.e.f. . 2.subs. by act 18 of , s. 4, for item a w.e.f. . 3.subs. by act 14 of , s. 61, for the first proviso w.e.f. 4. subs. by act 8 of , s. 57, for standards of weights and measures act, 60 of w.e.f. . 5. item ii omitted by act 18 of , s. 4 w.e.f. . 6. ins. by act 33 of , s. 94 w.e.f. . 7.subs. by act 18 of , s. 4, for item a w.e.f. . 8.subs. by s. 4, ibid., for subsections 7 and 8 w.e.f. . 9.ins. by act 13 of , s. 102 w.e.f. . 10.ins. by act 13 of , s. 102 w.e.f. . 11.ins. by act 13 of , s. 102 w.e.f. .

section 8. of the customs tariff act : 1 where in respect of any article, whether included in the second schedule or not, the central government is satisfied that the export duty leviable thereon should be increased or that an export duty should be levied, and that circumstances exist which render it necessary to take immediate action, the central government may, by notification in the official gazette, direct an amendment of the second schedule to be made so as to provide for an increase in the export duty leviable or, as the case may be, for the levy of an export duty, on that article. 2 the provisions of subsections 3 and 4 of section 7 shall apply to any notification issued under subsection 1 as they apply in relation to any notification increasing duty issued under subsection 2 of section 7.

section 3a.. of the customs tariff act : special additional duty. omitted by the finance act, 18 of , s. 73 w.e.f.

section 8a. of the customs tariff act : 18a. emergency power of central government to increase import duties.1 where in respect of any article included in the first schedule, the central government is satisfied that the import duty leviable thereon under section 12 of the customs act, 52 of should be increased and that circumstances exist which render it necessary to take immediate action, it may, by notification in the official gazette, direct an amendment of that schedule to be made so as to provide for an increase in the import duty leviable on such article to such extent as it thinks necessary: provided that the central government shall not issue any notification under this subsection for substituting the rate of import duty in respect of any article as specified by an earlier notification issued under this subsection by that government before such earlier notification has been approved with or without modifications under subsection 2. 2 the provisions of subsections 3 and 4 of section 7 shall apply to any notification issued under subsection 1 as they apply in relation to any notification increasing duty issued under subsection 2 of section 7. 1. ins. by act 18 of , s. 110 w.e.f. .

section 4. of the customs tariff act : 1 where in respect of any article a preferential rate of revenue duty is specified in the first schedule, or is admissible by virtue of a notification under section 25 of the customs act, 52 of , the duty to be levied and collected shall be at the standard rate, unless the owner of the article claims at the time of importation that it is chargeable with a preferential rate of duty, being 1the produce or manufacture of such preferential area as is notified under subsection 3 and the article is determined, in accordance with the rules made under subsection 2, to be such produce or manufacture. 2 the central government may, by notification in the official gazette, make rules for determining if any article is 2the produce or manufacture of any preferential areas. 3 for the purposes of this section and the first schedule, 3preferential area means any country or territory which the central government may, by notification in the official gazette, declare to be such area. 4 notwithstanding anything contained in subsection 1, where the central government is satisfied that, in the interests of trade including promotion of exports, it is necessary to take immediate action for discontinuing the preferential rate, or increasing the preferential rate to a rate not exceeding the standard rate, or decreasing the preferential rate, in respect of an article specified in the first schedule, the central government may, by notification in the official gazette, direct an amendment of the said schedule to be made so as to provide for such discontinuance of, or increase or decrease, as the case may be, in the preferential rate. 5 every notification issued under subsection 3 or subsection 4 shall, as soon as may be after it is issued, be laid before each house of parliament. 1. subs. by act 26 of , s. 2, for the produce or manufacture of the united kingdom or of such other preferential area w.e.f. . 2. subs. by s. 2, ibid ., for the produce or manufacture of the united kingdom or of any other preferential area w.e.f. . 3. subs. by s. 2, ibid ., for united kingdom means the united kingdom of great britain and northern ireland and other preferential area w.e.f. .

section 5.levy of a lower rate of duty under a trade agreement of the customs tariff act : 1 whereunder a trade agreement between the government of india and the government of a foreign country or territory, duty at a rate lower than that specified in the first schedule is to be charged on articles which are the produce or manufacture of such foreign country or territory, the central government may, by notification in the official gazette, make rules for determining if any article is the produce or manufacture of such foreign country or territory and for requiring the owner to make a claim at the time of importation, supported by such evidence as may be prescribed in the said rules, for assessment at the appropriate lower rate under such agreement. 2 if any question arises whether any trade agreement applies to any country or territory, or whether it has ceased to apply to india or any foreign country or territory, it shall be referred to the central government for decision and the decision of the central government shall be final and shall not be liable to be questioned in any court of law.

section 8b. of the customs tariff act : 1 8b. power of central government to apply safefuard measures.1 if the central government, after conducting such enquiry as it deems fit, is satisfied that any article is imported into india in such increased quantity and under such conditions so as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the official gazette, apply such safeguard measures on that article, as it deems appropriate. 2 the safeguard measures referred to in subsection 1 shall include imposition of safeguard duty, application of tariffrate quota or such other measure, as the central government may consider appropriate, to curb the increased quantity of imports of an article to prevent serious injury to domestic industry: provided that no such measure shall be applied on an article originating from a developing country so long as the share of imports of that article from that country does not exceed three per cent. or where the article is originating from more than one developing country, then, so long as the aggregate of the imports from each of such developing countries with less than three per cent. import share taken together, does not exceed nine per cent. of the total imports of that article into india: provided further that the central government may, by notification in the official gazette, exempt such quantity of any article as it may specify in the notification, when imported from any country or territory into india, from payment of the whole or part of the safeguard duty leviable thereon. 3 where tariffrate quota is used as a safeguard measure, the central government shall not fix such quota lower than the average level of imports in the last three representative years for which statistics are available, unless a different level is deemed necessary to prevent or remedy serious injury. 4 the central government may allocate such tariffrate quota to supplying countries having a substantial interest in supplying the article concerned, in such manner as may be provided by rules. 5 the central government may, pending the determination under subsection 1, apply provisional safeguard measures under this subsection on the basis of a preliminary determination that increased imports have caused or threatened to cause serious injury to a domestic industry: provided that where, on final determination, the central government is of the opinion that increased imports have not caused or threatened to cause serious injury to a domestic industry, it shall refund the safeguard duty so collected: provided further that any provisional safeguard measure shall not remain in force for more than two hundred days from the date on which it was applied. 6 notwithstanding anything contained in the foregoing subsections, a notification issued under subsection 1 or any safeguard measures applied under subsections 2, 3, 4 and 5, shall not apply to articles imported by a hundred per cent. exportoriented undertaking or a unit in a special economic zone, unless i it is specifically made applicable in such notification or to such undertaking or 2unit or ii such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, safeguard measures shall be applied on the portion of the article so cleared or used, as was applicable when it was imported into india. 3explanation.for the purposes of this subsection, a the expression hundred per cent. exportoriented undertaking shall have the same meaning as assigned to it in clause i of explanation 2 to subsection 1 of section 3 of the central excise act, 1 of b the expression special economic zone shall have the same meaning as assigned to it in clause za of section 2 of the special economic zones act, 28 of . 7 the safeguard duty imposed under this section shall be in addition to any other duty imposed under this act or under any other law for the time being in force. 8 the safeguard measures applied under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such application: provided that if the central government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the safeguard measures should continue to be applied, it may extend the period of such application: provided further that in no case the safeguard measures shall continue to be applied beyond a period of ten years from the date on which such measures were first applied. 9 the provisions of the customs act, 52 of and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, nonlevy, shortlevy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that act. 10 the central government may, by notification in the official gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing power, such rules may provide for i the manner in which articles liable for safeguard measures may be identified ii the manner in which the causes of serious injury or causes of threat of serious injury in relation to identified article may be determined iii the manner of assessment and collection of safeguard duty iv the manner in which tariffrate quota on identified article may be allocated among supplying countries v the manner of implementing tariffrate quota as a safeguard measure vi any other safeguard measure and the manner of its application. 11 for the purposes of this section, a developing country means a country notified by the central government in the official gazette b domestic industry means the producers i as a whole of the like article or a directly competitive article in india or ii whose collective output of the like article or a directly competitive article in india constitutes a major share of the total production of the said article in india c serious injury means an injury causing significant overall impairment in the position of a domestic industry d threat of serious injury means a clear and imminent danger of serious injury. 12 every notification issued under this section shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. subs. by act 12 of , s. 116, for section 8b w.e.f. . 2. subs. by act 13 of , s. 101, for unit w.e.f. . 3.subs. by s. 101, ibid., for the explanation w.e.f.

section 8c.. of the customs tariff act : power of central government to impose transitional product specific safeguard duty on imports from the peoples republic of china. omitted by the finance act, 28 of , s. 140 w.e.f....

section 10. of the customs tariff act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 9. of the customs tariff act : 19. countervailing duty on subsidized articles.1 where any country or territory pays, bestows, directly or indirectly, any subsidy upon the manufacture or production therein or the exportation therefrom of any article including any subsidy on transportation of such article, then, upon the importation of any such article into india, whether the same is imported directly from the country of manufacture, production or otherwise, and whether it is imported in the same condition as when exported from the country of manufacture or production or has been changed in condition by manufacture, production or otherwise, the central government may, by notification in the official gazette, impose a countervailing duty not exceeding the amount of such subsidy. explanation.for the purposes of this section, a subsidy shall be deemed to exist if a there is financial contribution by a government, or any public body 2in the exporting or producing country or territory, that is, where i a government practice involves a direct transfer of funds including grants, loans and equity infusion, or potential direct transfer of funds or liabilities, or both ii government revenue that is otherwise due is foregone or not collected including fiscal incentives iii a government provides goods or services other than general infrastructure or purchases goods iv a state government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions specified in clauses i to iii above which would normally be vested in the government and the practice in, no real sense, differs from practices normally followed by governments or b a government grants or maintains any form of income or price support, which operates directly or indirectly to increase export of any article from, or to reduce import of any article into, its territory, and a benefit is thereby conferred. 31a where the central government, on such inquiry as it considers necessary, is of the opinion that circumvention of countervailing duty imposed under subsection 1 has taken place, either by altering the description or name or composition of the article on which such duty has been imposed or by import of such article in an unassembled or disassembled form or by changing the country of its origin or export or in any other manner, whereby the countervailing duty so imposed is rendered ineffective, it may extend the countervailing duty to such other article also 4 from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify. 51b where the central government, on such inquiry as it considers necessary, is of the opinion that absorption of countervailing duty imposed under subsection 1 has taken place whereby the countervailing duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify. explanation.for the purposes of this subsection, obsorption of countervailing duty is said to have taken place, a if there is a decrease in the export price of an article without any commensurate change in the resale price in india of such article imported from the exporting country or territory or b under such other circumstances as may be provided by rules. 2 the central government may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the amount of subsidy, impose a countervailing duty under this subsection not exceeding the amount of such subsidy as provisionally estimated by it and if such countervailing duty exceeds the subsidy as so determined, a the central government shall, having regard to such determination and as soon as may be after such determination, reduce such countervailing duty and b refund shall be made of so much of such countervailing duty which has been collected as is in excess of the countervailing duty as so reduced. 62a notwithstanding anything contained in subsections 1 and 2, a notification issued under subsection 1 or any countervailing duty imposed under subsection 2 shall not apply to article imported by a hundred per cent. exportoriented undertaking or a unit in a special economic zone, unless, i it is specifically made applicable in such notification or to such undertaking or unit or ii such articles is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, countervailing duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into india. explanation.for the purposed of this subsection, a the expression hundred per cent. exportoriented undertaking shall have the same meaning as assigned to it in clause i of explanation 2 to subsection 1 of section 3 of the central excise act, 1 of b the expression special economic zone shall have the same meaning as assigned to it in clause za of section 2 of the special economic zones act, 3 subject to any rules made by the central government, by notification in the official gazette, the countervailing duty under subsection 1 or subsection 2 shall not be levied unless it is determined that a the subsidy relates to export performance b the subsidy relates to the use of domestic goods over imported goods in the export article or 7c the subsidy has been conferred on a limited number of persons engaged in the manufacture, production or export of articles 4 if the central government, is of the opinion that the injury to the domestic industry which is difficult to repair, is caused by massive imports in a relatively short period, of the article benefiting from subsidies paid or bestowed and where in order to preclude the recurrence of such injury, it is necessary to levy countervailing duty retrospectively, the central government may, by notification in the official gazette, levy countervailing duty from a date prior to the date of imposition of countervailing duty under subsection 2 but not beyond ninety days from the date of notification under that subsection and notwithstanding anything contained in any law for the time being in force, such duty shall be payable from the date as specified in the notification issued under this subsection. 5 the countervailing duty chargeable under this section shall be in addition to any other duty imposed under this act or any other law for the time being in force. 6 the countervailing duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: provided that if the central government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of subsidization and injury, it may, from time to time, extend the period of such imposition for a further period 8up to five years and such further period shall commence from the date of order of such extension: provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the countervailing duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. 9povided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time. 7 the amount of any such subsidy as referred to in subsection 1 or subsection 2 shall, from time to time, be ascertained and determined by the central government, after such inquiry as it may consider necessary and the central government may, by notification in the official gazette, make rules for the identification of such article and for the assessment and collection of any countervailing duty imposed upon the importation thereof under this section. 107a the provisions of the customs act, 52 of and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, nonlevy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that act. 8 every notification issued under this section shall, as soon as may be after it is issued, be laid before each house of parliament. 1. subs. by act 6 of , s. 2, for sections 9, 9a and 9b w.e.f. . 2. subs. by act 21 of , s. 61, for within the territory of the exporting or producing country w.e.f. . 3. ins. by act 23 of , s. 86 w.e.f. . 4. ins. by act 13 of , s. 102 w.e.f. . 5. ins. by act 13 of , s. 102 w.e.f. . 6ins. by act 13 of , s. 102 w.e.f. . 7. subs. by act 7 of , s. 109, for clause c w.e.f. . 8.subs. by act 13 of , s. 102, for of five years w.e.f. . 9.ins. by act 13 of , s. 102 w.e.f. . 10. subs. by act 33 of , s. 99, for subsection 7a w.e.f. .

section 9aa.refund of antidumping duty in certain cases of the customs tariff act : 19aa. refund of antidumping duty in certain cases.1 2where upon determination by an officer authorised in this behalf by the central government under clause ii of subsection 2, an importer proves to the satisfaction of the central government that he has paid antidumping duty imposed under subsection 1 of section 9a on any article, in excess of the actual margin of dumping in relation to such article, the central government shall, as soon as may be, reduce such antidumping duty as is in excess of actual margin of dumping so determined, in relation to such article or such importer, and such importer shall be entitled to refund of such excess duty: provided that such importer shall not be entitled to refund of so much of such excess duty under this subsection which is refundable under subsection 2 of section 9a. explanation.for the purposes of this subsection, the expressions, margin of dumping, export price and normal value shall have the same meaning respectively assigned to them in the explanation to subsection 1 of section 9a. 2 the central government may, by notification in the official gazette, make rules to i provide for the manner in which and the time within which the importer may make application for the purposes of subsection 1 ii authorise the officer of the central government who shall dispose of such application on behalf of the central government within the time specified in such rules and iii provide the manner in which the excess duty referred to in subsection 1 shall be a determined by the officer referred to in clause ii and b refunded by the deputy commissioner of customs or assistant commissioner of customs, as the case may be, after such determination. 1. ins. by act 10 of , s. 89 w.e.f. . 2. subs. by act 8 of , s. 59, for certain words w.e.f. .

section 9a. of the customs tariff act : 19a. antidumping duty on dumped articles.1 where 2any article is exported by an exporter or producer from any country or territory hereinafter in this section referred to as the exporting country or territory to india at less than its normal value, then, upon the importation of such article into india, the central government may, by notification in the official gazette, impose an antidumping duty not exceeding the margin of dumping in relation to such article. explanation.for the purposes of this section, a margin of dumping, in relation to an article, means the difference between its export price and its normal value b export price, in relation to an article, means the price of the article exported from the exporting country or territory and in cases where there is no export price or where the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported articles are first resold to an independent buyer or if the article is not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as may be determined in accordance with the rules made under subsection 6 c normal value, in relation to an article, means i the comparable price, in the ordinary course of trade, for the like article when 3destined for consumption in the exporting country or territory as determined in accordance with the rules made under subsection 6 or ii when there are no sales of the like article in the ordinary course of trade in the domestic market of the exporting country or territory, or when because of the particular market situation or low volume of the sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison, the normal value shall be either a comparable representative price of the like article when exported from the exporting country or 4territory to an appropriate third country as determined in accordance with the rules made under subsection 6 or b the cost of production of the said article in the country of origin along with reasonable addition for administrative, selling and general costs, and for profits, as determined in accordance with the rules made under subsection 6: provided that in the case of import of the article from a country other than the country of origin and where the article has been merely transhipped through the country of export or such article is not produced in the country of export or there is no comparable price in the country of export, the normal value shall be determined with reference to its price in the country of origin. 51a where the central government, on such inquiry as it may consider necessary, is of the opinion that circumvention of antidumping duty imposed under subsection 1 has taken place, either by altering the description or name or composition of the article subject to such antidumping duty or by import of such article in an unassembled or disassembled form or by changing the country of its origin or export or in any other manner, whereby the antidumping duty so imposed is rendered ineffective, it may extend the antidumping duty to such article or an article originating in or exported from such country, as the case may be 6from such date, not earlier than the date of initiation of the inquiry, as the central government may, by notification in the official gazette, specify. 71b where the central government, on such inquiry as it may consider necessary, is of the opinion that absorption of antidumping duty imposed under subsection 1 has taken place whereby the antidumping duty so imposed is rendered ineffective, it may modify such duty to counter the effect of such absorption, from such date, not earlier than the date of intitiation of the inquiry, as the central government may, by notification in the official gazette, specify. explanation.for the purposes of this subsection, absorption of antidumping duty is said to have taken place, a if there is a decrease in the export price of an article without any commensurate change in the cost of production of such article or export price of such article to countries other than india or resale price in india of such article imported from the exporting country or territory or b under such other circumstances as may be provided by rules. 2 the central government may, pending the determination in accordance with the provisions of this section and the rules made thereunder of the normal value and the margin of dumping in relation to any article, impose on the importation of such article into india an antidumping duty on the basis of a provisional estimate of such value and margin and if such antidumping duty exceeds the margin as so determined: a the central government shall, having regard to such determination and as soon as may be after such determination, reduce such antidumping duty and b refund shall be made of so much of the antidumping duty which has been collected as is in excess of the antidumping duty as so reduced. 82a notwithstanding anything contained in subsection 1 and subsection 2, a notification issued under subsection 1 or any antidumping duty imposed under subsection 2 shall not apply to articles imported by a hundred per cent. exportoriented undertaking or a unit in a special economic zone, unless, i it is specifically made applicable in such notification or to such undertaking or unit or ii such article is either cleared as such into the domestic tariff area or used in the manufacture of any goods that are cleared into the domestic tariff area, in which case, antidumping duty shall be imposed on that portion of the article so cleared or used, as was applicable when it was imported into india. explanation.for the purposes of this section, a the expression hundred per cent. exportoriented undertaking shall have the same meaning as assigned to it in clause i of explanation 2 to subsection 1 of section 3 of the central exise act, 1 of b the expression special economic zone shall have the same meaning as assigned to it in clause za of section 2 of the special economic zones act, 28 of . 3 if the central government, in respect of the dumped article under inquiry, is of the opinion that i there is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practices dumping and that such dumping would cause injury and ii the injury is caused by massive dumping of an article imported in a relatively short time which in the light of the timing and the volume of imported article dumped and other circumstances is likely to seriously undermine the remedial effect of the antidumping duty liable to be levied, the central government may, by notification in the official gazette, levy antidumping duty retrospectively from a date prior to the date of imposition of antidumping duty under subsection 2 but not beyond ninety days from the date of notification under that subsection, and notwithstanding anything contained in any law for the time being in force, such duty shall be payable at such rate and from such date as may be specified in the notification. 4 the antidumping duty chargeable under this section shall be in addition to any other duty imposed under this act or any other law for the time being in force. 5 the antidumping duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: provided that if the central government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the period of such imposition for a further period 9up to five years and such further period shall commence from the date of order of such extension: provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the antidumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. 10provided also that if the said duty is revoked temporarily, the period of such revocation shall not exceed one year at a time. 6 the margin of dumping as referred to in subsection 1 or subsection 2 shall, from time to time, be ascertained and determined by the central government, after such inquiry as it may consider necessary and the central government may, by notification in the official gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for any antidumping duty under this section may be identified, and for the manner in which the export price and the normal value of, and the margin of dumping in relation to, such articles may be determined and for the assessment and collection of such antidumping duty. 116a the margin of dumping in relation to an article, exported by an exporter or producer, under inquiry under subsection 6 shall be determined on the basis of records concerning normal value and export price maintained, and information provided, by such exporter or producer: provided that where an exporter or producer fails to provide such records or information, the margin of dumping for such exporter or producer shall be determined on the basis of facts available. 7 every notification issued under this section shall, as soon as may be after it is issued, be laid before each house of parliament. 128 the provisions of the customs act, 52 of and the rules and regulations made thereunder, including those relating to the date for determination of rate of duty, assessment, nonlevy, short levy, refunds, interest, appeals, offences and penalties shall, as far as may be, apply to the duty chargeable under this section as they apply in relation to duties leviable under that act. 1. subs. by act 6 of , s. 2, for sections 9, 9a and 9b w.e.f. . 2. subs. by act 33 of , s. 101, for any article is exported w.e.f. . 3. subs. by act 21 of , s. 62, for meant for consumption w.e.f. . 4. subs. by act 32 of , s. 131, for territory or w.e.f. . 5. ins. by act 8 of , s. 58 w.e.f. . 6.ins. by act 13 of , s. 103 w.e.f. . 7.ins. by act 13 of , s. 103 w.e.f. . 8. subs. by act 13 of , s. 103, for subsection 2a w.e.f. . 9. subs. by act 13 of , s. 103, for of five years w.e.f. . 10. ins. by act 13 of , s. 103 w.e.f. . 11. ins. by act 33 of , s. 101 w.e.f. . 12. subs. by s. 101, ibid., for subsection 8 w.e.f. .

section 11a. of the customs tariff act : 111a. power of central government to amend first schedule.1 where the central government is satisfied that it is necessary so to do in the public interest, it may, by notification in the official gazette, amend the first schedule: provided that such amendment shall not alter or affect in any manner the rates specified in that schedule in respect of goods at which duties of customs shall be leviable on the goods under the customs act, 52 of . 2 every notification issued under subsection 1 shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. ins. by act 25 of , s. 2 w.e.f. .

section 9b. of the customs tariff act : 19b. no levy under section 9 or section 9a in certain cases. 1 notwithstanding anything contained in section 9 or section 9a, a no article shall be subjected to both countervailing duty and antidumping duty to compensate for the same situation of dumping or export subsidization b the central government shall not levy any countervailing duty or antidumping duty i under section 9 or section 9a by reasons of exemption of such articles from duties or taxes borne by the like article when meant for consumption in the country of origin or exportation or by reasons of refund of such duties or taxes ii under subsection 1 of each of these sections, on the import into india of any article from a member country of the world trade organisation or from a country with whom government of india has a most favoured nation agreement hereinafter referred as a specified country, unless in accordance with the rules made under subsection 2 of this section, a determination has been made that import of such article into india causes or threatens material injury to any established industry in india or materially retards the establishment of any industry in india and iii under subsection 2 of each of these sections, on import into india of any article from the specified countries unless in accordance with the rules made under subsection 2 of this section, a preliminary findings has been made of subsidy or dumping and consequent injury to domestic industry and a further determination has also been made that a duty is necessary to prevent injury being caused during the investigation: provided that nothing contained in subclauses ii and iii of clause b shall apply if a countervailing duty or an antidumping duty has been imposed on any article to prevent injury or threat of an injury to the domestic industry of a third country exporting the like articles to india c the central government may not levy i any countervailing duty under section 9, at any time, upon receipt of satisfactory voluntary undertakings from the government of the exporting country or territory agreeing to eliminate or limit the subsidy or take other measures concerning its effect, or the exporter agreeing to revise the price of the article and if the central government is satisfied that the injurious effect of the subsidy is eliminated thereby ii any antidumping duty under section 9a, at any time, upon receipt of satisfactory voluntary undertaking from any exporter to revise its prices or to cease exports to the area in question at dumped price and if the central government is satisfied that the injurious effect of dumping is eliminated by such action. 2 the central government may, by notification in the official gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which any investigation may be made for the purposes of this section, the factors to which regard shall be at in any such investigation and for all matters connected with such investigation. 1. ins. by act 10 of , s. 89 w.e.f. .

section 13. of the customs tariff act : in the customs act, , in subsection 1 of section 12 and in subsection 1 of section 14, for the words and figures indian tariff act, , the words and figures customs tariff act, shall be substituted.

section 9c. of the customs tariff act : 19c. appeal.21 an appeal against the order of determination or review thereof shall lie to the customs, excise and service tax appellate tribunal constituted under section 129 of the customs act, 52 of hereinafter referred to as the appellate tribunal, in respect of the existence, degree and effect of i any subsidy or dumping in relation to import of any article or ii import of any article into india in such increased quantities and under such condition so as to cause or threatening to cause serious injury to domestic industry requiring imposition of safeguard duty in relation to import of that article. 31a an appeal under subsection 1 shall be accompanied by a fee of fifteen thousand rupees. 1b every application made before the appellate tribunal, a in an appeal under subsection 1, for grant of stay or for rectification of mistake or for any other purpose or b for restoration of an appeal or an application, shall be accompanied by a fee of five hundred rupees. 2 every appeal under this section shall be filed within ninety days of the date of order under appeal: provided that the appellate tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 3 the appellatetribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against. 4 the provisions of subsections 1, 2, 5 and 6 of section 129c of the customs act, 52 of shall apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its functions under the customs act, 52 of . 5 every appeal under subsection 1 shall be heard by a special bench constituted by the president of the appellate tribunal for hearing such appeals and such bench shall consist of the president and not less than two members and shall include one judicial member and one technical member. 1. ins. by act 10 of , s. 89 w.e.f. . 2. subs. by act 23 of , s. 87, for subsection 1 w.e.f. . 3. ins. by act 23 of , s. 77 w.e.f. .

section 11. of the customs tariff act : 1 where the central government is satisfied that it is necessary so to do for the purpose of giving effect to any agreement entered into before the commencement of this act with a foreign government, it may, by notification in the official gazette, increase or reduce the duties referred to in section 2 to such extent as each case may require: provided that no notification under this subsection increasing or reducing the duties as aforesaid shall be issued by the central government after the expiration of a period of one year from the commencement of this act. 2 every notification issued under subsection 1 shall, as soon as may be after it is issued, be laid before each house of parliament.

section 12.repeal and saving of the customs tariff act : 1 the indian tariff act, 32 of , and the indian tariff amendment act, 1 of , are hereby repealed. 2 notwithstanding the repeal of any of the acts mentioned in subsection 1, anything done or any action taken including any notification published and any rules and orders made or deemed to have been made under the provisions of those acts and in force immediately before the commencement of this act shall, insofar as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 7. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 the competent authority may, after considering the explanation, if any, to the showcause notice issued under section 6, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties. 2 where the competent authority is satisfied that some of the properties referred to in the showcause notice are illegally acquired properties but is not able to identity specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under subsection 1. 3 where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this act, stand forfeited to the central government free from all encumbrances. 4 where any shares in a company stand forfeited to the central government under this act, then, the company shall, notwithstanding anything contained in the companies act, 1 of , or the articles of association of the company, forthwith register the central government as the transferee of such shares.

The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976

section 1. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 this act may be called the smugglers and foreign exchange manipulators forfeiture of property act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 5th day of november, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 the provisions of this act shall apply only to the persons specified in subsection 2. 2 the persons referred to in subsection 1 are the following, namely: a every person i who has been convicted under the sea customs act, 8 of , or the customs act, 52 of , of an offence in relation to goods of a value exceeding one lakh of rupees or ii who has been convicted under the foreign exchange regulation act, 7 of , or the foreign exchange regulation act, 46 of , of an offence, the amount or value involved in which exceeds one lakh of rupees or iii who having been convicted under the sea customs act, 8 of , or the customs act, 52 of , has been convicted subsequently under either of those acts or iv who having been convicted under the foreign exchange regulation act, 7 of , or the foreign exchange regulation act, 46 of , has been convicted subsequently under either of those acts b every person in respect of whom an order of detention has been made under the conservation of foreign exchange and prevention of smuggling activities act, 52 of : provided that i such order of detention, being an order to which the provisions of section 9 or section 12a of the said act do not apply, has not been revoked on the report of the advisory board under section 8 of the said act or before the receipt of the report of the advisory board or before making a reference to the advisory board or ii such order of detention, being an order to which the provisions of section 9 of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the review under subsection 3 of section 9, or on the report of the advisory board under section 8, read with subsection 2 of section 9, of the said act or iii such order of detention, being an order to which the provision of section 12a of the said act apply, has not been revoked before the expiry of the time for, or on the basis of, the first review under subsection 3 of that section, or on the basis of the report of the advisory board under section 8, read with subsection 6 of section 12a, of that act or iv such order of detention has not been set aside by a court of competent jurisdiction c every person who is a relative of a person referred to in clause a or clause b d every associate of a person referred to in clause a or clause b e any holder hereafter in this clause referred to as the present holder of any property which was at any time previously held by a person referred to in clause a or clause b unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. explanation 1.for the purposes of subclause i of clause a, the value of any goods in relation to which a person has been convicted of an offence shall be the wholesale price of the goods in the ordinary course of trade in india as on the date of the commission of the offence. explanation 2.for the purposes of clause c, relative, in relation to a person, means i spouse of the person ii brother or sister of the person iii brother or sister of the spouse of the person iv any lineal ascendant or descendant of the person v any lineal ascendant or descendant of the spouse of the person vi spouse of a person referred to in clause ii, clause iii clause iv or clause v vii any lineal descendant of a person referred to in clause ii or clause iii. explanation 3/i.for the purposes of clause d, associate, in relation to a person, means i any individual who had been or is residing in the residential premises including outhouses of such person ii any individual who had been or is managing the affairs or keeping the accounts of such person iii any association of persons, body of individuals, partnership firm, or private company within the meaning of the companies act, 1 of , of which such person had been or is a member, partner or director iv any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in clause iii at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company v any person who had been or is managing the affairs, or keeping the accounts, of an association of persons, body of individuals, partnership firm or private company referred to in clause iii vi the trustee of any trust, where, a the trust has been created by such person or b the value of the assets contributed by such person including the value of the assets, if any, contributed by him earlier to the trust amounts, on the date on which the contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date vii where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person. explanation 4. for the avoidance of doubt, it is hereby provided that the question whether any person is a person to whom the provisions of this act apply may be determined with reference to any facts, circumstances or events including any conviction or detention which occurred or took place before the commencement of this act. 1 1. section 2a, omitted by act 28 of , s. 226 w.e.f. .

section 6. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 if, having regard to the value of the properties held by any person to whom this act applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of action taken under section 18 or otherwise, the competent authority has reason to believe the reasons for such belief to be recorded in writing that all or any of such properties are illegally acquired properties, it may serve a notice upon such person hereinafter referred to as the person affected calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days, to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the central government under this act. 2 where a notice under subsection 1 to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

section 3. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 in this act, unless the context otherwise requires, a appellate tribunal means the appellate 1 tribunal for forfeited property constituted under section 12 b competent authority means an officer of the central government authorised by it under subsection 1 of section 5 to perform the functions of a competent authority under this act c illegally acquired property, in relation to any person to whom this act applies, means i any property acquired by such person, whether before or after the commencement of this act, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited by or under any law for the time being in force relating to any matter in respect of which parliament has power to make laws or ii any property acquired by such person, whether before or after the commencement of this act, wholly or partly out of or by means of any income, earning or assets in respect of which any such law has been contravened or iii any property acquired by such person, whether before or after the commencement of this act, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved and which cannot be shown to be attributable to any act or thing done in respect of any matter in relation to which parliament has no power to make laws or iv any property acquired by such person, whether before or after the commencement of this act, for a consideration, or by any means, wholly or partly traceable to any property referred to in subclauses i to iii or the income or earnings from such property and includes a any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration b any property acquired by such person, whether before or after the commencement of this act, for a consideration, or by any means, wholly or partly traceable to any property falling under item a, or the income or earnings therefrom d prescribed means prescribed by rules made under this act e property includes any interest in property, movable or immovable f trust includes any other legal obligation. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area. 3 any reference in this act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the central government by notification in the official gazette. 1. the words for forfeited property, omitted by s. 226, ibid. w.e.f. .

section 8. of the smugglers and foreign exchange manipulators forfeiture of property act : in any proceedings under this act, the burden of proving that any property specified in the notice served under section 6 is not illegally acquired property shall be on the person affected.

section 2a. of the smugglers and foreign exchange manipulators forfeiture of property act : 1on and from the commencement of the provisions of chapter va of the narcotic drugs and psychotropic substances act, 61 of , the provisions of this act shall not apply to persons in relation to whom any order, or proceeding, may be made or taken under that chapter. 1. ins. by act 2 of , s. 22 w.e.f. .

section 9. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 where the competent authority makes a declaration that any property stands forfeited to the central government under section 7 and it is a case where the source of only a part, being less than onehalf, of the income, earnings or assets with which such property was acquired has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to one and onefifth times the value of such part. explanation.for the purposes of this subsection, the value of any part of income, earnings or assets, with which any property has been acquired, shall be, a in the case of any part of income or earnings, the amount of such part of income or earnings b in the case of any part of assets, the proportionate part of the full value of the consideration for the acquisition of such assets. 2 before making an order imposing a fine under subsection 1, the person affected shall be given a reasonable opportunity of being heard. 3 where the person affected pays the fine due under subsection 1, within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 7 and thereupon such property shall stand released.

section 4. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 as from the commencement of this act, it shall not be lawful for any person to whom this act applies to hold any illegally acquired property either by himself or through any other person on his behalf. 2 where any person holds any illegally acquired property in contravention of the provisions of subsection 1, such property shall be liable to be forfeited to the central government in accordance with the provisions of this act.

section 12a. of the smugglers and foreign exchange manipulators forfeiture of property act : 112a. qualifications, terms and conditions of service of chairperson, and member. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the chairperson and other members of the appellate tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairperson and other members appointed before the commencement of part xiv of chapter vi of the finance act, 7 of , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s. 164 w.e.f. . 2. subs. by act 33 of , s. 14, for part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of section 184 of that act w.e.f. .

section 5. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 the central government may, by order published in the official gazette, authorise as many officers of the central government not below the rank of a joint secretary to the government, as it thinks fit, to perform the functions of the competent authority under this act. 2 the competent authorities shall perform their functions in respect of such persons or classes of persons as the central government may, by order, direct.

section 10. of the smugglers and foreign exchange manipulators forfeiture of property act : in the case of any person referred to in clause vi of explanation 3 to subsection 2 of section 2, if the competent authority, on the basis of the information and materials available to it, has reason to believe the reasons for such belief to be recorded in writing that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within such time as may be specified in the notice which shall not ordinarily be less than thirty days, to explain the source of the money or other assets out of or by means of which such property was acquired or, as the case may be, the source of the money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 and all the other provisions of this act shall apply accordingly. explanation.for the purposes of this section illegally acquired property, in relation to any property held in trust, includes i any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor ii any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.

section 13. of the smugglers and foreign exchange manipulators forfeiture of property act : no notice issued or served, no declaration made, and no order passed, under this act shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.

section 11. of the smugglers and foreign exchange manipulators forfeiture of property act : where after the issue of a notice under section 6 or under section 10, any property referred to in the said notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this act, be ignored and if such property is subsequently forfeited to the central government under section 7, then, the transfer of such property shall be deemed to be null and void.

section 12. of the smugglers and foreign exchange manipulators forfeiture of property act : show related subordinates 1 the central government may, by notification in the official gazette, constitute an appellate tribunal 1 consisting of a chairman and such number of other members being officers of the central government not below the rank of a joint secretary to the government as the central government thinks fit, to be appointed by the government for 2 hearing appeals the orders made a under section 7, subsection 1 of section 9 or section 10 b under section 68f, section 68i, subsection 1 of section 68k or section 68l, of the narcotic drugs and psychotropic substances act, 61 of c by the adjudicating authority or any other authority under the prevention of moneylaundering act, , 15 of 2 the chairman of the appellate tribunal shall be a person who is or has been 3 a judge of the supreme court or of a high court. 3 the terms and conditions of service of the chairman and other members shall be such as may be prescribed. 4 any person aggrieved by an order of the competent authority made under section 7, subsection 1 of section 9 or section 10, may, within fortyfive days from the date on which the order is served on him, prefer an appeal to the appellate tribunal: provided that the appellate tribunal may entertain any appeal after the said period of fortyfive days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 5 on receipt of an appeal under subsection 4, the appellate tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further enquiry as it deems fit, confirm, modify or set aside the order appealed against. 6 the powers and functions of the appellate tribunal may be exercised and discharged by benches consisting of three members and constituted by the chairman of the appellate tribunal. 4 6a notwithstanding anything contained in subsection 6, where the chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a 5 bench with one or two members and a bench so constituted may exercise and discharge the powers and functions of the appellate tribunal: provided that if the members of a bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member to be specified by the chairman for hearing on such point or points and such point or points shall be decided according to the opinion of that member. 6 6b in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, the seniormost member, shall act as the chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 6c when the chairman is unable to discharge his functions owing to absence, illness or any other cause, the seniormost member shall discharge the functions of the chairman until the date on which the chairman resumes his duties. 7 the appellate tribunal may regulate its own procedure. 4 8 on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the tribunal and obtain a certified copy of any part thereof. 1. the words to be called the appellate tribunal for forfeited property omitted by act 28 of s. 226 w.e.f. . 2. subs. by s. 226, ibid., for hearing appeals against the orders made under section 7, subsection 1 of section 9 or section 10 w.e.f. . 3. the words or is qualified to be omitted by s. 226, ibid. w.e.f. . 4. ins. by act 55 of , s. 2 w.e.f. . 5. subs. by act 28 of , s. 226, for bench of two members w.e.f. 6. ins. by s. 226, ibid. w.e.f. .

section 16. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the central government or a state government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this act. 2 any officer of the incometax department, the customs department or the central excise department or any officer of enforcement appointed under the foreign exchange regulation act, 46 of , may furnish sou motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this act.

section 14. of the smugglers and foreign exchange manipulators forfeiture of property act : no order passed or declaration made under this act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the appellate tribunal or any competent authority is empowered by or under this act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 20. of the smugglers and foreign exchange manipulators forfeiture of property act : with a view to rectifying any mistakes apparent from record, the competent authority or the appellate tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.

section 15. of the smugglers and foreign exchange manipulators forfeiture of property act : the competent authority and the appellate tribunal shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence or affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for examination of witnesses or documents f any other matter which may be prescribed.

section 23. of the smugglers and foreign exchange manipulators forfeiture of property act : no suit, prosecution or other proceeding shall lie against the central government or any officer of the central or state government for anything which is done, or intended to be done, in good faith, in pursuance of this act or the rules made thereunder.

section 17. of the smugglers and foreign exchange manipulators forfeiture of property act : for the purposes of any proceedings under this act, the following officers are hereby empowered and required to assist the competent authority and the appellate tribunal, namely: a officers of the customs department b officers of the central excise department c officers of the incometax department d officers of enforcement appointed under the foreign exchange regulation act, 46 of e officers of police f such other officers of the central or state government as are specified by the central government in this behalf by notification in the official gazette.

section 18. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 for the purposes of any proceedings under this act or the initiation of any such proceedings, the competent authority shall have power to cause to be conducted any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account or any other relevant matters. 2 for the purposes referred to in subsection 1, the competent authority may, having regard to the nature of the inquiry, investigation or survey, require an officer of the incometax department to conduct or cause to be conducted such inquiry, investigation or survey. 3 any officer of the incometax department who is conducting or is causing to be conducted any inquiry, investigation or survey required to be conducted under subsection 2, may, for the purpose of such inquiry, investigation or survey, exercise any power including the power to authorise the exercise of any power which may be exercised by him for any purpose under the incometax act, 43 of , and the provisions of the said act shall, so far as may be, apply accordingly.

section 19. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 where any property has been declared to be forfeited to the central government under this act, or where the person affected has failed to pay the fine due under subsection 1 of section 9 within the time allowed therefor under subsection 3 of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or to any person duly authorised by it in this behalf within thirty days of the service of the order. 2 if any person refuses or fails to comply with an order made under subsection 1, the competent authority may take possession of the property and may for that purpose use such force as may be necessary. 3 notwithstanding anything contained in subsection 2, the competent authority may, for the purpose of taking possession of any property referred to in subsection 1, requisition the service of any police officer to assist the competent authority and it shall be the duty of such officer to comply with such requisition.

section 21. of the smugglers and foreign exchange manipulators forfeiture of property act : no finding of any officer or authority under any other law shall be conclusive for the purposes of any proceeding under this act.

section 25. of the smugglers and foreign exchange manipulators forfeiture of property act : nothing contained in this act shall apply in relation to any property held by a trust or an institution created or established wholly for public, religious or charitable purposes if i such property has been so held by such trust or institution from a date prior to the commencement of this act or ii such property is wholly traceable to any property held by such trust or institution prior to the commencement of this act.

section 26. of the smugglers and foreign exchange manipulators forfeiture of property act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the terms and conditions of service of the chairman and other members of the appellate tribunal under subsection 3 of section 12 1 aa the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining a certified copy of any part thereof under subsection 8 of section 12 b the powers of a civil court that may be exercised by the competent authority and the appellate tribunal under clause f of section 15 c any other matter which has to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 55 of , s. 3 w.e.f. .

section 22. of the smugglers and foreign exchange manipulators forfeiture of property act : any notice or order issued or made under this act shall be served a by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent b if the notice or order cannot be served in the manner provided in clause a, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.

section 24. of the smugglers and foreign exchange manipulators forfeiture of property act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

section 27. of the smugglers and foreign exchange manipulators forfeiture of property act : 1 the smugglers and foreign exchange manipulators forfeiture of property ordinance, 20 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 4. of the cantonments extension of rent control laws act : 11 the madhya bharat accommodation control act, madhya bharat act 23 of , as in force in that part of the state of madhya pradesh which immediately before the 1st day of november, , formed the state of madhya bharat is hereby extended to, and brought into force in, the cantonment of mhow with the following modifications, namely: in the said act, a for the words commencement of this act wherever they occur, the words extension of this act to the cantonment shall be substituted b in section 1, for subsections 2, 3 and 4, the following subsections shall be substituted, namely: 2 it extends to the cantonment of mhow. 3 it shall remain in force upto the 31st day of december, but the central government may, by notification in the official gazette, direct from time to time that it shall remain in force for such further period as may be specified in the notification so, however, that the total period for which it may remain in force shall not exceed two years from the 31st day of december, . c in section 2, in clause b of subsection 1, for the words a municipality, the words the cantonment board shall be substituted d in section 3, in clause e, for the word municipal, the words cantonment board shall be substituted e in section 4, i in clause g, for the words city or town concerned, the word cantonment shall be substituted ii in clause h, for the words city or town for that purpose and if he was in occupation, has for sufficient reasons vacated it after the act has been extended to that city or town, the words cantonment for that purpose or if he was in occupation, has for sufficient reasons vacated it after the extension of this act thereto shall be substituted f in section 6, i in subsection 1, the words and brackets situated in the city of lashkar including gwalior and morar, indore, ujjain or ratlam shall be omitted ii subsection 2 shall be omitted g in section 14, the words the provisions of this act cease to be applicable to any town, or shall be omitted h in section 15, after the word instituted, the words or if instituted, continued, shall be inserted i in section 18, subsection 4 shall be omitted j in section 21, the words or deemed to have been passed shall be omitted k in section 22, the words or deemed to have been made shall be omitted l section 23, section 27 and the schedule shall be omitted m in sections 24 and 25, the words or deemed to have been made shall be omitted. 22 any law relating to the control of rent and regulation of house accommodation in force in the cantonment of mhow immediately before the commencement therein of the madhya bharat accommodation control act, madhya bharat act 23 of , shall be, and shall be deemed always to have been, extended to that cantonment under section 3 of this act with effect from the commencement of such law in that cantonment or from the commencement of this act, whichever is later: provided that no such law shall continue, and shall be deemed to have continued, in force in the cantonment of mhow on and from the commencement therein of the madhya bharat accommodation control act, madhya bharat act 23 of . 3 where, before the extension under subsection 2 of any law to the cantonment of mhow, i any decree or order for the regulation of, or for eviction from, any house accommodation in that cantonment or ii any order in the proceedings for the execution of such decree or order or iii any order relating to the control of rent or other incident of such house accommodation, was made by any court, tribunal or other authority in accordance with any law for the control of rent and regulation of house accommodation for the time being in force in that cantonment, such decree or order shall, on and from the commencement of such law in that cantonment, be deemed to have been made under the corresponding provisions of the firstmentioned act as if the said act were in force in that cantonment on the date on which such decree or order was made. 1. section 4 renumbered as subsection 1 thereof by act 22 of , s. 4 w.e.f. . 2. ins. by act 22 of , s. 4 w.e.f. .

section 1. of the cantonments extension of rent control laws act : 11 this act may be called the cantonments extension of rent control laws act, . 22 it shall be deemed to have come into force on the 26th day of january, . 1. section 1 renumbered as subsection 1 thereof by act 22 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 3. of the cantonments extension of rent control laws act : show related subordinates 11 the central government may, by notification in the official gazette, extend to any cantonment with such restrictions and modifications as it thinks fit, any enactment relating to the control of rent and regulation of house accommodation which is in force2 in the state in which the cantonment is situated: provided that nothing contained in any enactment so extended shall apply to a any premises within the cantonment belonging to the government b any tenancy or other like relationship created by a grant from the government in respect of premises within the cantonment taken on lease or requisitioned by the government or c any house within the cantonment which is, or may be, appropriated by the central government on lease under the cantonments house accommodation act, 6 of . 32 the extension of any enactment under subsection 1 may be made from such earlier or future date as the central government may think fit: provided that no such extension shall be made from a date earlier than a the commencement of such enactment, or b the establishment of the cantonment, or c the commencement of this act, whichever is later. 3 where any enactment in force in any state relating to the control of rent and regulation of house accommodation is extended to a cantonment from a date earlier than the date on which such extension is made hereafter referred to as the earlier date, such enactment, as in force on such earlier date, shall apply to such cantonment, and, where any such enactment has been amended at any time after the earlier date but before the commencement of the cantonments extension of rent control laws amendment act, 22 of , such enactment as amended, shall apply to the cantonment on and from the date on which the enactment by which such amendment was made came into force. 4 where, before the extension to a cantonment of any enactment relating to the control of rent and regulation of house accommodation therein hereafter referred to as the rent control act, i any decree or order for the regulation of, or for eviction from, any house accommodation in that cantonment, or ii any order in the proceedings for the execution of such decree or order, or iii any order relating to the control of rent or other incident of such house accommodation, was made by any court, tribunal or other authority in accordance with any law for the control of rent and regulation of house accommodation for the time being in force in the state in which such cantonment is situated, such decree or order shall, on and from the date on which the rent control act is extended to that cantonment, be deemed to have been made under the corresponding provisions of the rent control act, as extended to that cantonment, as if the said rent control act, as so extended, were in force in that cantonment, on the date on which such decree or order was made. 1. section 3 renumbered as subsection 1 thereof by s. 3, ibid. w.e.f. . 2. the words on the date of the notification omitted by s. 3, ibid. w.e.f. . 3. ins. by s. 3, ibid. w.e.f. .

section 2. of the cantonments extension of rent control laws act : in this act, cantonment means any place declared to be a cantonment under section 3 of the cantonments act, 2 of .

section 2. of the calcutta high court jurisdictional limits act : the ordinary original civil jurisdiction of the high court of judicature at fort william in bengal shall be exercised within the limits set out in the schedule provided that nothing in this act shall affect any suit or other legal proceeding pending in any court at the date of the commencement of this act.

section 1. of the calcutta high court jurisdictional limits act : this act may be called the calcutta high court jurisdictional limits act, .

section 8. of the interesttax act : 1 for the purposes of making an assessment under this act, the 2assessing officer may serve on any person who has furnished a return under section 7 or upon whom a notice has been served under subsection 2 of section 7 whether a return has been furnished or not a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or evidence as the 1assessing officer may require for the purposes of this act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require. 2 the 2assessing officer, after considering such accounts, documents or evidence, if any, as he has obtained under subsection 1 and after taking into account any relevant material which he has gathered, shall, by an order in writing assess the chargeable interest and the amount of the interesttax payable on the basis of such assessment. 33 if any person a fails to make a return as required under subsection 1 of section 7 and has not made a return or a revised return under subsection 3 of that section, or b fails to comply with all the terms of notice under subsection 2 of that section, the assessing officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the assessment of the total chargeable interest to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment: provided that such opportunity shall be given by the assessing officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment: provided further that it shall not be necessary to give such opportunity in a case where a notice under subsection 1 has been issued prior to the making of an assessment under this section. 1. subs. by act 19 of , s. 33, for before the 1st day of august, . 2. subs. by s. 97, ibid., for incometax officer w.e.f. . 3. ins. by s. 97, ibid. w.e.f. .

section 1. of the interesttax act : 1 this act may be called the interesttax act, . 2 it extends to the whole of india.

section 3. of the interesttax act : 11 the incometax authorities specified in section 116 of the incometax act shall be the interesttax authorities for the purposes of this act. 1a every such authority shall exercise the powers and perform the functions of an interesttax authority under this act in respect of any person within his jurisdiction. 1b the jurisdiction of an interesttax authority under this act shall be the same as he has under the incometax act by virtue of orders or directions issued under section 120 of that act including orders or directions assigning the concurrent jurisdiction or under any other provision of that act. 1c the interesttax authority having jurisdiction in relation to a credit institution which has no income assessable to incometax under the incometax act shall be the interesttax authority having jurisdiction in respect of the area in which that institution carries on its business or has its principal place of business. 1d section 118 of the incometax act and any notification issued thereunder shall apply in relation to the control of interesttax authorities as they apply in relation to the control of the correspondingincometax authorities, except to the extent to which the board may, by notification in the official gazette, otherwise direct in respect of any interesttax authority. 2 all officers and persons employed in the execution of this act shall observe and follow the orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued a so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the appellate assistant commissioner in the exercise of his appellate functions. 3 every incometax officer 2or assistant commissioner 3 or deputy commissioner employed in the execution of this act shall observe and follow the orders, instructions and directions issued for his guidance by the 4director or by the commissioner or by the 5additional commissioner of incometax or the 6joint commissioner within whose jurisdiction he performs his functions. 1. subs. by s. 92, ibid., for subsection 1 w.e.f. . 2. ins. by act 32 of , s. 56 w.e.f. . 3. ins. by act 21 of , s. 77 w.e.f. . 4. subs. by act 32 of , s. 56, for director of inspection w.e.f. . 5. subs. by s. 56, ibid., for inspecting assistant commissioner w.e.f. . 6. subs. by act 21 of , s. 77, for deputy commissioner w.e.f. .

section 2. of the interesttax act : in this act, unless the context otherwise requires, 1 assessee means a person by whom interesttax or any other sum of money is payable under this act and includes a every person in respect of whom any proceeding under this act has been taken for the assessment of his chargeable interest or of the amount of refund due to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person b every person who is deemed to be an assessee in default under any provision of this act 2 assessment includes reassessment 3 assessment year means the period of twelve months commencing on the 1st day of april, every year 4 board means the central board of direct taxes constituted under the central boards of revenue act, 54 of 5 chargeable interest means the total amount of interest referred to in section 5, computed in the manner laid down in section 6 15a credit institution means, i a banking company to which the banking regulation act, 10 of , applies including any bank or banking institution referred to in section 51 of that act 2 ii a public financial institution as defined in section 4a of the companies act, 1 of iii a state financial corporation established under section 3 or section 3a or an institution notified under section 46 of the state financial corporations act, 63 of and iv any other financial company 5b financial company means a company, other than a company referred to in subclause i, ii or iii of clause 5a, being i a hirepurchase finance company, that is to say, a company which carries on, as its principal business, hirepurchase transactions or the financing of such transactions ii an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock or securities issued by the government or a local authority, or other marketable securities of a like nature iii a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in connection therewith iv a loan company, that is to say, a company not being a company referred to in subclauses i to iii which carries on, as its principal business, the business of providing finance, whether by making loans or advances or otherwise v a mutual benefit finance company, that is to say, a company which carries on, as its principal business, the business of acceptance of deposits from its members and which is declared by the central government under section 620a of the companies act, 1 of , to be a nidhi or mutual benefit society 3 4va a residuary nonbanking company other than a financial company referred to in subclause i, ii, iii, iv or v that is to say, a company which receives any deposit under any scheme or arrangement, by whatever name called, in one lumpsum or in instalments by way of contributions or subscriptions or by sale of units or certificates or other instruments or in any other manner or vi a miscellaneous finance company, that is to say, a company which carries on exclusively, or almost exclusively, two or more classes of business referred to in the preceding subclauses 6 incometax act means the incometax act, 43 of 57 interest means interest on loans and advances made in india and includes a commitment charges on unutilised portion of any credit sanctioned for being availed of in india and b discount on promissory notes and bills of exchange drawn or made in india, but does not include i interest referred to in subsection 1b of section 42 of the reserve bank of india act, 2 of ii discount on treasury bills 8 prescribed means prescribed by rules made under this act 6 10 all other words and expressions used herein but not defined and defined in the incometax act shall have the meanings respectively assigned to them in that act. 1. ins. by act 49 of , s. 91 w.e.f. . 2. the words or a cooperative society engaged in carrying on the business of banking not being a cooperative society providing credit facilities to farmers or village artisans omitted by act 18 of , s. 103 w.e.f. . 3. the word or omitted by act 18 of , s. 103 w.e.f . 4. ins. by s. 103, ibid. w.e.f. . 5. subs. by act 49 of , s. 91, for clause 7 w.e.f. . 6. clause 9 omitted by s. 91, ibid. w.e.f. .

section 7. of the interesttax act : 1i in the case of every credit institution, its principal officer, or where in the case of a nonresident, credit institution any person has been treated as its agent under section 163 of the incometax act, such person, shall furnish a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the 31st day of december of the assessment year. 2 without prejudice to the provisions of subsection 1, the assessing officer may, before the end of the relevant assessment year, serve a notice upon the principal officer of any credit institution, or where in the case of a nonresident credit institution any person has been treated as its agent under section 163 of the incometax act, upon such person, requiring him to furnish within thirty days from the date of service of the notice a return of the chargeable interest of the credit institution of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed. 3 any assessee who has not furnished a return within the time allowed under subsection 1 or subsection 2, or having furnished a return under subsection 1 or subsection 2 discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time 1before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier. 1. subs. by s. 96, ibid., for subsections 1 and 2 w.e.f. . 2. subs. by s. 96, ibid., for before the assessment is made w.e.f. .

section 4. of the interesttax act : 11 subject to the provisions of this act, there shall be charged on every scheduled bank for every assessment year commencing on or after the 1st day of april, , a tax in this act referred to as interesttax in respect of its chargeable interest of the previous year at the rate of seven per cent. of such chargeable interest: 2provided that the rate at which interesttax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, shall be three and a half per cent. of such chargeable interest. 32 notwithstanding anything contained in subsection 1 but subject to the other provisions of this act, there shall be charged on every credit institution for every assessment year commencing on and from the 1st day of april, , interesttax in respect of its chargeable interest of the previous year at the rate of three per cent. of such chargeable interest. 4provided that the rate at which interesttax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, shall be two per cent. of such chargeable interest. 53 notwithstanding anything contained in subsections 1 and 2, no interesttax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, . 1. section 4 renumbered as subsection 1 thereof by act 49 of , s. 93 w.e.f. . 2. ins. by act 11 of , s. 43 w.e.f. . 3. ins. by act 49 of , s. 93 w.e.f. . 4. ins. by act 26 of , s. 59 w.e.f. . 5. ins. by act 10 of , s. 77 w.e.f. .

section 9. of the interesttax act : 19. selfassessment.1 where interesttax is payable on the basis of any return required to be furnished under section 7 or section 10, after taking into account the amount of interesttax, if any, already paid under any provision of this act, the assessee shall be liable to pay such interesttax, together with interest payable under any provision of this act for any delay in furnishing the return or any default or delay in payment of advance interesttax, before furnishing the return and the return shall be accompanied by proof of payment of such interesttax and interest. explanation.where the amount paid by the assessee under this subsection falls short of the aggregate of the interesttax and interest as aforesaid, the amount so paid shall first be adjusted towards the interest payable as aforesaid and the balance, if any, shall be adjusted towards the interesttax payable. 2 after the assessment under section 8 has been made, any amount paid under subsection 1 shall be deemed to have been paid towards such assessment. 3 if any assessee fails to pay the whole or any part of interesttax or interest or both in accordance with the provisions of subsection 1, he shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of the interesttax or interest or both remaining unpaid, and all the provisions of this act shall apply accordingly. 1. subs. by act 49 of , s. 98, for section 9 w.e.f. .

section 10. of the interesttax act : if a the 1assessing officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 7 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable interest for that year has escaped assessment or has been underassessed or has been made the subject of excessive, relief under this act, or b notwithstanding that there has been no omission or failure as mentioned in clause a on the part of the assessee, the 1assessing officer has, in consequence of information in his possession, reason to believe that chargeable interest assessable for any assessment year has escaped assessment or has been underassessed or has been made the subject of excessive relief under this act he may, in cases falling under clause a, at any time, and in cases falling under clause b, at any time within four years of the end of that assessment year, serve on the assesee a notice containing all or any of the requirements which may be included in a notice under section 7, and may proceed to assess or reassess the amount chargeable to interesttax, and the provisions of this act shall, so far as may be, apply, as if the notice were a notice issued under that section. 1. subs. by s. 99, ibid., for incometax officer w.e.f. .

section 10a. of the interesttax act : 110a. time limit for completion of assessments and reassessments.1 no order of assessment shall be made under section 8 at any time after the expiry of two years from the end of the assessment year in which the interest was first assessable. 2 no order of assessment or reassessment shall be made under section 10 after the expiry of two years from the end of the financial year in which the notice under that section was served. 3 notwithstanding anything contained in subsections 1 and 2, and order of fresh assessment in pursuance of an order passed under section 15, section 16, section 19 or section 20, setting aside or cancelling an assessment may be made at any time before the expiry of two years from the end of the financial year in which the order under section 15 of section 16 is received by the commissioner or, as the case may be, the order under section 19 or section 20 is passed by the commissioner. 4 the provisions of subsections 1 and 2 shall not apply to the assessment or reassessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 15 or section 16 or section 19 or section 20 of this act or section 256 or section 260 of the incometax act as applicable to this act by virtue of section 21 of this act or in an order of any court in a proceeding otherwise than by way of appeal or reference under this act and such assessment or reassessment may, subject to the provisions of subsection 3, be completed at any time. explanation 1.in computing the period of limitation for the purposes of this section i the time taken in reopening the whole or any part of the proceeding or ii the period during which the assessment proceeding is stayed by an order or injunction of any court, shall be excluded. explanation 2.where, by an order referred to in subsection 4, any interest is excluded from the chargeable interest for an assessment year in respect of an assessee, then, an assessment of such interest for another assessment year shall, for the purposes of section 10 and this section, be deemed to be one made in consequence of, or to give effect to, any finding or direction contained in the said order. 1. ins. by s.100, ibid. w.e.f .

section 5. of the interesttax act : 15. scope of chargeable interest.subject to the provisions of this act, the chargeable interest of any previous year of a credit institution shall be the total amount of interest other than interest on loans and advances made to other credit institutions 2or to any cooperative society engaged in carrying on the business of banking accruing or arising to the credit institution in that previous year: provided that any interest in relation to categories of bad or doubtful debts referred to in section 43d of the incometax act shall be deemed to accrue or arise to the credit institution in the previous year in which it is credited by the credit institution to its profit and loss account for that year or, as the case may be, in which it is actually received by the credit institution, whichever is earlier. 1. subs. by act 49 of , s. 94, for section 5 w.e.f. . 2. ins. by act 18 of , s. 104 w.r.e.f. .

section 12. of the interesttax act : 112. interest for default in furnishing return of chargeable interest.1 where the return of chargeable interest for any assessment year under subsection 1 of section 7, or in response to a notice under subsection 2, of that section is furnished after the due date, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the due date, and, a where the return is furnished after the due date, ending on the date of the furnishing of the return or b where no return has been furnished, ending on the date of completion of assessment under subsection 3 of section 8, on the amount of the interesttax on the chargeable interest as determined under subsection 2 or subsection 3 of section 8 as reduced by the interesttax paid in advance. explanation 1. in this section, due date means the 31st day of december of the relevant assessment year or, as the case may be, the date on which return in response to a notice under subsection 2 of section 7 is due to be filed. explanation 2.where in relation an assessment year, an assessment is made for the first time under section 10, the assessment so made shall be regarded as assessment made under subsection 2, or, as the case may be, subsection 3 of section 8. explanation 3.for the purposes of computing the interest payable under section 9, interesttax on the chargeable interest declared in the return shall be deemed to be the interesttax on total chargeable interest determined under subsection 2 or subsection 3 of section 8. 2 the interest payable under subsection 1 shall be reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section. 3 where the return of chargeable interest for any assessment year, required by a notice under section 10 issued after the completion of assessment under subsection 2 or subsection 3 of section 8 or section 10 is furnished after the expiry of the time allowed under such notice or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the date immediately following the expiry of time allowed as aforesaid, and, a where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return or b where no return has been furnished, ending on the day of completion of the reassessment under section 10, on the amount by which the interesttax on the chargeable interest as determined on the basis of such reassessment exceeds the interesttax on chargeable interest on the basis of earlier assessment aforesaid. 4 where, as a result of an order under section 15 or section 17 of this act or section 254 or section 260 or section 262 of the incometax act, as applicable to this act by virtue of section 21 of this act, the amount on which interest was payable under subsection 1 or subsection 3 has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and i in a case where the interest is increased, the assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the incometax act as applicable to this act by virtue of section 21, and the provisions of this act shall apply accordingly ii in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. 5 the provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of april, and subsequent years. 1. subs. by act 49 of , s. 101, for sections 11 to 13 w.e.f. .

section 6. of the interesttax act : 1 subject to the provisions of subsection 2, in computing the chargeable interest of a previous year, there shall be allowed from the total amount of interest other than interest on loans and advances made to 1credit institutions accruing or arising to the assessee in the previous year, a deduction in respect of the amount of interest which is established to have become a bad debt during the previous year: provided that such interest has been taken into account in computing the chargeable interest of the assessee of an earlier previous year and the amount has been written off as irrecoverable in the accounts of the assessee for the previous year during which it is established to have become a bad debt. explanation.for the removal of doubts, it is hereby declared that in computing the chargeable interest of a previous year, no deduction, other than the deduction specified in this subsection, shall be allowed from the total amount of interest accruing or arising to the assessee. 2 in computing the chargeable interest of a previous year, the amount of interest which accrues or arises to the assesse 2before the 1st day of august, or 3during the period commencing on the 1st day of april, and ending with the 30th day of september, shall not be taken into account. 20. subs. by act 49 of , s. 95, for scheduled banks w.e.f. . 2. subs. by act 19 of , s. 33, for before the 1st day of august, . 3. subs. by act 49 of , s. 95, for after the 31st day of march, w.e.f. .

section 12b. of the interesttax act : 112b. interest for deferment of interesttax payable in advance.1 where in any financial year, the assessee who is liable to pay interesttax in advance under section 11 has failed to pay the interesttax and where such tax paid by the assessee on his chargeable interest on or before the 15th day of september is less than twenty per cent. of the interesttax due on the returned chargeable interest or the amount of such interesttax paid on or before the 15th day of december is less than fifty per cent. of the tax due on the returned chargeable interest then, the assessee shall be liable to pay simple interest at the rate of one and onehalf per cent. per month of the shortfall for a period of three months on the amount of shortfall from twenty per cent. or as the case may be, fifty per cent. of the interesttax due on the returned chargeable interest. 2 the provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of april, and subsequent assessment years. 1. subs. by act 49 of , s. 101, for sections 11 to 13 w.e.f. .

section 13. of the interesttax act : 113. penalty for concealment of chargeable interest.if the assessing officer or the commissioner appeals in the course of any proceeding under this act, is satisfied that any person has concealed the particulars of chargeable interest or has furnished inaccurate particulars of such interest, he may direct that such person shall pay by way of penalty, in addition to any interesttax payable by him, a sum which shall not be less than, but shall not exceed three times, the amount of interesttax sought to be evaded by reason of the concealment of particulars of his chargeable interest or the furnishing of inaccurate particulars of such chargeable interest. 1. subs. by act 49 of , s. 101, for sections 11 to 13 w.e.f. .

section 11. of the interesttax act : 111. advance payment of interesttax.1 interesttax shall be payable in advance during the financial year in respect of the chargeable interest for the assessment year immediately following that financial year in accordance with the provision of this section. 2 interesttax shall be payable in advance in three instalments during each financial year, the due date of, and the amount payable in, each such instalment being as specified in the following table: table due date of instalment amount payable on or before the 15th september not less than twenty per cent. of such interesttax payable in advance. on or before the 15th december not less than fifty per cent. of such interesttax payable in advance, as reduced by the amount, if any, paid in the earlier instalment. on or before the 15th march the whole amount of such interesttax payable in advance as reduced by the amount or amounts, if any, paid in the earlier instalment or instalments: provided that any amount paid by way of interesttax payable in advance on or before the 31st day of march shall also be treated as interesttax paid in advance during the financial year ending on that day for all the purposes of this act. 1. subs. by act 49 of , s. 101, for sections 11 to 13 w.e.f. .

section 15. of the interesttax act : 15. appeals to the 1commissioner appeals.1 any person objecting to the amount of interesttax for which he is assessed by the 2assessing officer or denying his liability to be assessed under this act, or objecting to any penalty or fine imposed by the 2assessing officer, or to the amount allowed by the 2assessing officer by way of any relief under any provision of this act, or to any refusal by the 2assessing officer to grant relief or to an order of rectification having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 17, may appeal to the 1commissioner appeals. 32 every appeal filed on or after the 1st day of october, shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a fee of two hundred and fifty rupees. 3 an appeal shall be presented within thirty days of the following date, that is to say, a where the appeal relates to assessment or penalty or fine, the date of service of the notice of the demand relating to the assessment or penalty or fine, or b in any other case, the date on which the intimation of the order sought to be appealed against is served: provided that the 1commissioner appeals may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. 4 the 1commissioner appeals shall hear and determine the appeal and, subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. 5 the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to incometax. 1. subs. by act 29 of , s. 39 and the fifth schedule, for appellate assistant commissioner w.e.f. . 2. subs. by act 49 of , s. 102, for incometax officer w.e.f. . 3. subs. by act 21 of , s. 78, for subsection 2 w.e.f. .

section 17. of the interesttax act : 1 with a view to rectifying any mistake apparent from the record, the commissioner, the 2assessing officer, the 1commissioner appeals and the appellate tribunal may, of his, or its, own motion or on an application by the assessee in this behalf, amend any order passed by him or it in any proceeding under this act 3within four years from the end of the financial year in which such order was passed. 2 an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. 3 where an amendment is made under this section, the order shall be passed in writing by the authority concerned. 4 subject to the other provisions of this act, where any such amendment has the effect of reducing the assessment, the 2assessing officer shall make any refund which may be due to such assessee. 5 where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the 2assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable. 1. subs. by act 29 of , s. 39 and the fifth schedule, for appellate assistant commissioner w.e.f. . 2. subs. by act 49 of , s. 105, for incometax officer w.e.f. . 3. subs. by act 67 of , s. 82, for within four years of the date on which such order was passed w.e.f. .

section 12a. of the interesttax act : 112a. interest for default in payment of interesttax in advance.1 subject to the other provisions of this section, where in any financial year, an assessee, who is liable to pay interesttax in advance under section 11 has failed to pay such tax, or where the interesttax paid in advance by such assessee is less than ninety per cent. of the assessed interesttax, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period from the 1st day of april next following such financial year to the date of determination of chargeable interest under subsection 2 or, as the case may be, subsection 3 of section 8 on an amount equal to the assessed interesttax, or, as the case may be, on the amount by which the interesttax payable in advance falls short of the assessed interesttax. explanation 1.in this section assessed interesttax means, a for the purpose of computing the interest payable under section 9, the interesttax on the chargeable interest as declared in the return referred to in that section b in any other case, interesttax on chargeable interest as determined under subsection 2 or, as the case may be, subsection 3 of section 8. explanation 2.where, in relation to an assessment year, an assessment is made for the first time under section 10, the assessment so made shall be regarded as assessment made under subsection 2 or, as the case may be, subsection 3 of section 8. 2 where, before the date of completion of assessment under subsection 2 or subsection 3 of section 8, interesttax is paid by the assessee under section 9 or otherwise, i interest shall be calculated in accordance with the foregoing provisions of this section up to the date on which the tax is so paid, and reduced by the interest, if any, paid under section 9 towards the interest chargeable under this section ii thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax so paid together with interesttax paid in advance falls short of the assessed interesttax. 3 where, as a result of an order of reassessment under section 10, the amount on which the interest was payable under subsection 1 is increased, the assessee shall be liable to pay simple interest at the rate of two per cent. for every month or part of a month comprised in the period commencing on the day following the completion of the assessment under subsection 2 or, as the case may be, subsection 3 of section 8 referred to in subsection 1 and ending on the date of reassessment under section 10, on the amount by which the interesttax on the basis of the reassessment exceeds the interesttax on the chargeable interest determined on the basis of assessment under subsection 2 or, as the case may be, subsection 3 of section 8. 4 where, as a result of an order under section 15 or section 17 of this act or section 254 or section 260 or section 262 of the incometax act as applicable to this act by virtue of section 21 of this act, the amount on which interest was payable under subsection 1 or subsection 3 has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and i in a case where the interest is increased, the assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the incometax act as applicable to this act by virtue of section 21 of this act, and provisions of this act shall apply accordingly ii in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. 5 the provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of april, and subsequent assessment years. 1. subs. by act 49 of , s. 101, for sections 11 to 13 w.e.f. .

section 14. of the interesttax act : no order imposing a penalty under section 12 or section 13 shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard.

section 20. of the interesttax act : 1 the commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this act which has been taken by an 1assessing officer 2 subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. 2 the commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. 3 in the case of an application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: provided that the commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. 4 the commissioner shall not revise any order under this section in the following cases 3a where an appeal against the order lies to the commissioner appeals but has not been made and the time within which such appeal may be made has not expired, or the assessee has not waived his right of appeals or b where the order has been made the subject of an appeal to the commissioner appeals. 5 every application by an assessee for revision under this section shall be accompanied by a fee of twentyfive rupees. 46 on every application by an assessee for revision under this subsection, made on or after the 1st day of october, , an order shall be passed within one year from the end of the financial year in which such application is made by the assesse for revision. explanation.in computing the period of limitation for the purposes of this subsection, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 21 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. 7 notwithstanding anything contained in subsection 6, an order in revision under subsection 6 may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the 5appellate tribunal, the national tax tribunal, the high court or the supreme court. explanation.an order by the commissioner declining to interfere shall, for the purposes of this section be deemed not to be an order prejudicial to the assessee. 6 1. subs. by s. 108, ibid., for incometax officer w.e.f. . 2. the words or appellate assistant commissioner omitted by act 29 of , s. 39 and the fifth schedule w.e.f. . 3. subs. by s. 39 and the fifth schedule, ibid., for clauses a, b and c w.e.f. . 4. ins. by act 21 of , s. 80 w.e.f. . 5. subs. by act 49 of , s. 30 and the schedule w.e.f. . 6. the explanation 2 omitted by 29 of , s. 39 and the fifth schedule w.e.f. .

section 15a. of the interesttax act : appeal to the commissioner appeals. omitted by finance no. 2 act, 49 of , s. 103 w.e.f. .

section 22. of the interesttax act : 1 notwithstanding anything contained in the incometax act, all information contained in any statement or return made or furnished under the provisions of that act or obtained or collected for the purposes of that act may be used for the purposes of this act. 2 all information contained in any statement or return made or furnished under the provisions of this act or obtained or collected for the purposes of this act may be used for the purposes of the incometax act.

section 16. of the interesttax act : 1 any assessee aggrieved by an order passed by a commissioner under section 19, or an order passed by 2a commissioner appeals under any provision of this act, may appeal to the appellate tribunal against such order. 2 the commissioner may, if he objects to any order passed by the 1commissioner appeals under any provision of this act, direct the 3assessing officer to appeal to the appellate tribunal against the order. 3 every appeal under subsection 1 or subsection 2 shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the commissioner, as the case may be. 4 the4assessing officer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the 5commissioner appeals has been preferred under subsection 1 or subsection 2 by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of crossobjections, verified in the prescribed manner, against any part of the order of the 5commissioner appeals, and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 6 an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and, shall, except in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4, be accompanied by a fee of 6one thousand rupees in the case of an appeal filed on or after the 1st day of october, . 7 subject to the provisions of this act, in hearing and making an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the incometax act. 1. subs. by act 29 of , s. 39 and the fifth schedule, for appellate assistant commissioner w.e.f. . 2. subs. by act 29 of , s. 39 and the fifth schedule, for an appellate assistant commissioner w.e.f. . 3. subs. by act 49 of , s. 104, for incometax officer w.e.f. . 4. subs. by act 49 of , s. 104, for incometax officer w.e.f. . 5. subs. by act 29 of , s. 39 and the fifth schedule, for appellate assistant commissioner w.e.f. . 6. subs. by act 21 of , s. 79, for two hundred rupees w.e.f. .

section 23. of the interesttax act : 123. failure to comply with notices.if any person fails, without reasonable cause, to produce or cause to be produced, any accounts or documents required to be produced under section 8, he shall pay by way of penalty, a sum which shall not be less than one thousand rupees, but which may extend to twentyfive thousand rupees, for each such failure. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 18. of the interesttax act : 118. interesttax deductible in computing total income under the incometax act.notwithstanding anything contained in the incometax act, in computing the income of a credit institution chargeable to incometax under the head profits and gains of business or profession or under the head income from other sources, the interesttax payable by the credit institution for any assessment year shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year. 1. subs. by act 49 of , s. 106, for section 18 w.e.f. .

section 24. of the interesttax act : 124. false statements.if a person makes a statement in any verification under this act or any rule made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false or does not believe to be true, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 19. of the interesttax act : 1 the commissioner may call for and examine the record of any proceeding under this act, and if he considers that any order passed therein by the 1assessing officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. 2explanation.for the removal of doubts, it is hereby declared that, for the purposes of this subsection, a record shall include and shall be deemed always to have included all records relating to any proceeding under this act available at the time of examination by the commissioner b where any order referred to in this subsection is the subject matter of any appeal, the power of the commissioner under this subsection shall extend to all such matters as had not been considered and decided in such appeal. 32 no order shall be made under in subsection 1 after the expiry of two years from the end of the financial year in which the order sought to be revised was passed. 3 notwithstanding anything contained subsection 2, an orderin revision under this section may be passed at anytime in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the appellate tribunal 4the national tax tribunal, the high court or the supreme court. explanation.in computing the period of limitation for the purposes of subsection 2, 5the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129 of the incometax act, as applicable to this act by virtue of section 21 of this act, and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. 1. subs. by s. 107, ibid., for incometax officer w.e.f. . 2. subs. by act 49 of , s. 107, for the explanation w.e.f. . 3. subs. by act 67 of , s. 83, for subsection 2 w.e.f. . 4. ins. by act 49 of , s. 30 and the schedule w.e.f. . 5. ins. by act 49 of , s. 107 w.e.f. .

section 21. of the interesttax act : the provisions of the following sections and schedules of the incometax act and the incometax certificate proceedings rules, , as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to interesttax instead of to incometax: 1244 2,119,129,131,132,132a, 132b, 133 to 136 both inclusive, 138,140,145, 156, 160, 161, 162, 163, 166, 167, 170, 173, 175, 176, 178, 179, 220 to 227 both inclusive, 228a, 229, 232, 237 to 245 both inclusive, 254 to 262 both inclusive, 265, 266, 268, 269, 281, 281b, 282, 284, 287, 288, 288a, 288b, 289 to 293 both inclusive, the second schedule and the third schedule: provided that references in the said provisions and the rules to the assessee shall be construed as references to an assessee as defined in this act. 1. subs. by act 49 of , s. 109, for certain figures, brackets, letters and words w.e.f. . 2. ins. by act 26 of , s. 60 w.e.f. .

section 25. of the interesttax act : 125. wilful attempt to evade tax, etc.if a person wilfully attempts in any manner whatsoever to evade any interesttax, penalty or interest chargeable or imposable under this act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. explanation.for the purposes of this section, a wilful attempt to evade any interesttax, penalty or interest chargeable or imposable under this act or the payment thereof shall include a case where any person i has in his possession or control any books of account or other documents being books of account or other documents relevant to any proceeding under this act containing a false entry or statement or ii makes or causes to be made any false entry or statement in such books of account or other documents or iii wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents or iv causes any other circumstances to exist which will have the effect of enabling such person to evade any interesttax, penalty or interest chargeable or imposable under this act or the payment thereof. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 29. of the interesttax act : 11 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 22 if any difficulty arises in giving effect to the provisions of this act, as amended by the finance no.2 act, 49 of , the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of two years from the 1st day of october, . 3 every order made under subsection 2 shall be laid before each house of parliament. 1. section 29 renumbered as subsection 1 thereof by s. 112, ibid. w.e.f. . 2. ins. by s. 112, ibid. w.e.f. .

section 26a. of the interesttax act : 126a. offences by credit institutions.1 where an offence under this act has been committed by a credit institution every person who, at the time the offence was committed, was in charge of, and was responsible to, the credit institution or the conduct of the business of the credit institution as well as the credit institution shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a credit institution and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the credit institution, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, director, in relation to a cooperative society, means any member controlling the affairs thereof. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 26. of the interesttax act : 126. abetment of false returns, etc.if a person abets or induces in any manner another person to make and deliver any account or a statement or declaration relating to any chargeable interest which is false and which he either knows or believes to be false or does not believe to be true or to commit an offence under section 25, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 26b. of the interesttax act : 126b. institution of proceedings and composition of offences.1 a person shall not be proceeded against for any offence under section 24 or section 25 or section 26 or for any offence under the indian penal code 45 of , except with the previous sanction of the commissioner or commissioner appeals: provided that the chief commissioner or, as the case may be, director general may issue such instructions or directions to the aforesaid interesttax authorities as he may deem fit for institution of proceedings under this subsection. 2 any offence under the sections referred to in subsection 1 may, either before or after the institution of proceedings, be compounded by the chief commissioner or director general. explanation.for the removal of doubts, it is hereby declared that the power of the board to issue orders, instructions or directions under this act shall include the power to issue instructions or directions including instructions or directions to obtain the previous approval of the board to other interesttax authorities for the proper composition of offences under this section. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 30. of the interesttax act : repeal. rep. by repealing and amending act, 38 of , s. 2 and the first schedule w.e.f. .

section 26c. of the interesttax act : 126c. power of credit institutions to vary certain agreements.notwithstanding anything contained in any agreement under which any term loan has been sanctioned by the credit institution before the 1st day of october, , it shall be lawful for the credit institution to vary the agreement, so as to increase the rate of interest stipulated therein to the extent to which such institution is liable to pay the interesttax under this act in relation to the amount of interest on the term loan which is due to the credit institution. explanation.for the purposes of this section, term loan means a loan which is not repayable on demand. 1. subs. by act 49 of , s. 110, for sections 23 to 26 w.e.f .

section 27. of the interesttax act : 1 the board may, subject to the control of the central government, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which returns under section 7 may be furnished and the manner in which they may be verified b the form in which appeals under section 15 or section 16 may be filed and the manner in which they may be verified c the procedure to be followed on applications for rectification of mistakes and applications for refunds d any other matter which by this act is to be, or may be, prescribed. 3 the power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not earlier than the date of commencement of this act. 4 the central government shall cause every rule made under this section to be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 28. of the interesttax act : where the central government is of the opinion that it is necessary or expedient so to do either in the public interest or having regard to the peculiar circumstances of the case, it may, by notification, and subject to conditions, if any, as may be specified in the notification, exempt 1any credit institution or any class of credit institutions or any interest on any category of loans or advances from the levy of interesttax: provided that no such exemption shall be made except on the recommendation of the reserve bank of india. 1. subs. by act 49 of , s.111, for any scheduled bank or any class of scheduled banks w.e.f. .

section 8. of the indian museum act : show related subordinates 1 the trustees may from time to time, with the previous sanction of the central government, 1make by notification in the official gazette, byelaws consistent with this act 2and the rules made thereunder for any purpose necessary for the execution of their trust. 2 in particular and without prejudice to the generality of the foregoing power, such 3byelaws may provide for a the summoning, holding and adjournment of general and special meetings of the trustees b the securing of the attendance of trustees at such meetings c the provision and keeping of minutebooks and accountbooks d the compiling of catalogues e the lending of articles contained in the collections vested in the trustees f the exchange and sale, and the presentation to other museums in 4india, of duplicates of articles contained in such collections g the removal and destruction of articles contained in such collections and h the general management of the museum. 53 the central government shall cause every byelaw made under this section to be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the byelaw or both houses agree that the byelaw should not be made, the byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that byelaw. 1. subs. by act 20 of , s. 2 and the schedule, formake byelaws w.e.f. . 2. ins. by act 45 of , s. 6. 3. subs. by act 45 of , s. 6 for rules. 4. subs. by the a. o. , forthe provinces. 5. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 1. of the indian museum act : show related subordinates 1 this act may be called the indian museum act, . 2 it shall come into force on such date1 as the central government, by notification in the official gazette, may direct. 1. 1st june, , see gazette of india, , pt. i, p. 411.

section 2. of the indian museum act : show related subordinates 11 the trustees of the indian museum hereinafter referred to as the trustees shall be a the governor of west bengal, ex officio chairman b the secretary to the. government of india in the ministry concerned with matters relating to the indian museum, ex officio c the mayor of the corporation of calcutta, ex officio d the vicechancellor of the university of calcutta, ex officio e the accountantgeneral, west bengal, ex officio f four persons to be nominated by the central government, one of whom shall be a representative of commerce and industry chosen in consultation with the government of west bengal g one person to be nominated by the government of west bengal h one person to be nominated by the council of the asiatic society, calcutta: provided that if any of the trustees referred to in clauses b, c d and e is unable to attend any meeting of the trustees, he may, with the previous approval of the chairman, authorise a person in writing to do so. 2 the trustees shall be a body corporate, by the name of the trustees of the indian museum, with perpetual succession and a common seal, and in that name shall sue and be sued, and shall have power to acquire and hold property, to enter into contracts, and to do all acts necessary for and consistent with the purposes of this act. 3 the nominated trustees shall, save as herein otherwise provided, hold office for a period of three years: provided that the authority nominating a trustee may extend his term of office for one or more like periods. 2. subs. by act 45 of , s. 2, for subsection 1.

section 7. of the indian museum act : show related subordinates subject to the provisions of any byelaws made in this behalf, the trustees may, from time to time, a deliver, by way of loan, to any person the whole or any portion of, or any article contained in, any collection vested in them under this act b exchange or sell duplicates of articles contained in any such collection and take or purchase, in the place of such duplicates, such articles as may in their opinion be worthy of preservation in the museum c present duplicates of articles contained in any such collection to other museums in 1india and d remove and destroy any article contained in any such collection. 1. subs. by the a. o. , for the provinces.

section 3. of the indian museum act : show related subordinates 1 the powers of the said body corporate may only be exercised so long and so often as there are 1six members thereof. 2 the quorum necessary for the transaction of business at a meeting of the trustees shall not be less than 2four. 1. subs. by s. 3, ibid., for nine. 2. subs. by s. 3, ibid., for six.

section 9. of the indian museum act : show related subordinates 19. power of trustees to appoint officers and servants.1 subject to the provisions of subsection 2, the trustees may appoint such officers and servants as they may consider necessary or proper for the care or management of the trustproperty, and determine their functions. 2 the recruitment and the conditions of service of such officers and servants shall be regulated by rules made under this act. 13. subs. by act 45 of , s. 7, for section 9.

section 4. of the indian museum act : show related subordinates if a nominated trustee a dies, or b is absent from the meetings of the trustees for more than twelve consecutive months, or c desires to be discharged, or d refuses or becomes incapable to act, or e is appointed to perform the duties of 1any of the offices specified in clauses a to e of subsection 1 of section 2, the authority which nominated the trustee may nominate a new trustee in his place. 1. subs. by act 45 of , s. 4, ibid., for any office specified in section 2, clause a.

section 5.. of the indian museum act : show related subordinates vacation of office by existing trustees. omitted by the indian museum amendment act, 45 of , s. 5.

section 10. of the indian museum act : show related subordinates 110. budget.the trustees shall, by such date in each financial year as may be specified by the central government, submit to that government for approval, in the form specified by that government in consultation with the comptroller and auditorgeneral of india, the budget of the next financial year, showing the estimated receipts and expenditure during the next financial year. 1. subs. by s. 8, ibid., for section 10.

section 6. of the indian museum act : show related subordinates 1 all the property, whether movable or immovable, which at the commencement of this act is held by the trustees of the indian museum constituted by the 1indian museum act, 22 of on trust for the purposes of the said museum shall, together with any such property which may hereinafter be given, bequeathed, transferred or acquired for the said purposes, vest in the trustees of the indian museum constituted by this act on trust for the purposes of the said museum: provided that the trustees may expend the capital of any portion of such property which may consist of money on the maintenance, improvement and enlargement of the collections deposited in, presented to or purchased for, the said museum or otherwise for the purposes of the same as they may think fit. 2 the trustees shall have the exclusive possession, occupation and control, for the purposes of such trust, of the land specified in the schedule, including any buildings which may have been, or may hereafter be, erected thereon, other than those portions thereof which have been set apart by the trustees for the records and offices of the geological survey of india. 1. rep. by this act, s. 17.

section 12a. of the indian museum act : show related subordinates 112a. power of central government to issue directions to trustees.1 in the discharge of their functions under this act, the trustees shall be bound by such directions on questions of policy as the central government may give to them from time to time: provided that the trustees shall be given an opportunity to express their views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final. 1. ins. by act 45 of , s. 10.

section 10a. of the indian museum act : show related subordinates 10a. annual report and accounts.1 the trustees shall, as soon as possible after the commencement of each financial year, submit a to the central government within such time or date as may be specified by the central government, a report giving a true and full account of their activities during the previous financial year and an account of the activities likely to be undertaking during the current financial year b to such auditor as the central government may appoint in this behalf, accounts of all moneys expended by the trustees during the previous financial year, supported by the necessary vouchers. 2 the trustees shall cause such report and accounts to be published annually for general information.

section 15a. of the indian museum act : show related subordinates 115a. power to make rules.1 the central government may, in consultation with the trustees, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the recruitment and the conditions of service of the officers and servants of the museum b the form and manner in which the accounts of the museum may be maintained and the manner in which such accounts may be audited c the circumstances in which and the conditions subject to which the trustees may assume the custody and administration of any collections referred to in section 14 and keep and preserve such collections d the conditions subject to which the trustees may deliver possession of any property in their possession to any other person. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 45 of , s. 12. 2. subs. by act 20 of , s. 2 and the schedule, for certain words w.e.f. .

section 11. of the indian museum act : show related subordinates 1 the trustees shall cause every article in the collections in the said indian museum formerly belonging to the asiatic society of bengal 1now known as the asiatic society, calcutta and all additions that may hereafter be made thereto otherwise than by purchase under section 6, to be marked and numbered and subject to the provisions contained in sections 7 and 16 to be kept and preserved in the said museum with such marks and numbers. 2 an inventory of such additions shall be made by the said society, one copy whereof shall be signed by the trustees and delivered to the said society, and another copy shall be signed by the council of the said society and delivered to the trustees, and shall be kept by them along with the inventory delivered to the predecessors in office of the trustees when the said collections were deposited in the said museum. 1. ins. by s. 9, ibid.

section 16. of the indian museum act : show related subordinates if the trust constituted by this act is at any time determined, a the collections and additions mentioned in section 11 shall become the property of the said asiatic society or their assigns, and b all the other collections then in the said indian museum shall, save as otherwise provided by section 14, become the property of government.

section 12. of the indian museum act : show related subordinates all objects taken in exchange and articles purchased under section 7 and all moneys realised from sales made in accordance with the terms of the same section shall be held on trust and subject to powers and declarations corresponding as nearly as may be with the trusts, powers and declarations by this act limited and declared.

section 17.. of the indian museum act : show related subordinates repeals.. rep. by the repealing and amending act, 10 of , s. 3 and the second schedule.

section 13. of the indian museum act : show related subordinates all officers and servants appointed under this act shall be deemed to be public servants within the meaning of the indian penal code 45 of 1. 1. certain words omitted by s. 11, ibid.

section 14. of the indian museum act : show related subordinates notwithstanding anything hereinbefore contained, the trustees may, if they think fit, with the previous sanction of the central government and subject in each case to such conditions as it may approve and to such rules as it may prescribe, assume the custody and administration of collections which are not the property of the trustees for the purposes of their trust under this act, and keep and preserve such collections either in the indian museum or elsewhere: provided that if the trust constituted by this act is at any time determined, any such collections shall not by reason of their then being in the indian museum become the property of government.

section 15. of the indian museum act : show related subordinates 115. power to trustees to part with certain property in their possession.subject to such conditions as the central government may approve, the trustees may deliver possession of the whole or any part of the property described in the schedule to such person as that government may appoint. 1. subs. by the a.o. , for the original section.

section 8. of the hindi sahitya sammelan act : 1 notwithstanding anything contained in section 7, the central government may, by notification in the official gazeette constitute the first governing body consisting of a chairman, a secretary, and thirteen other members to be appointed by that government. 2 the thirteen members referred to in subsection 1 shall be chosen as follows: i one member to represent the ministry of the central government dealing with education ii one member to represent the ministry of the central government dealing with finance iii not more than three members from among the former presidents of the society and iv the remaining number from among persons who are. in the opinion of the central government, eminent in the field of hindi language or hindi literature. 3 it shall be the duty of the first governing body of the sammelan, a to perform all functions of the sammelan and to carry on the administration of the affairs of the sammelan until a governing body is constituted in accordance with the provisions of section 7 b to make the rules with the approval of the central government c to determine the first members of the sammelan within the meaning of subsection 4 of section 4 d to take all necessary steps for the constitution of the governing body in accordance with such rules e to perform such other functions as it may consider necessary.

section 1. of the hindi sahitya sammelan act : show related subordinates 1 this act may be called the hindi sahitya sammelan act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 28th june, vide notification no. s.o. e, dated 25th june, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the hindi sahitya sammelan act : whereas the objects of the institution known as the hindi sahitya sammelan which has its head office at allahabad are such as to make the institution one of national importance, it is hereby declared that the institution known as the hindi sahitya sammelan, is an institution of national importance.

section 3. of the hindi sahitya sammelan act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b prescribed means prescribed by rules made under this act c sammelan means the institution known as the hindi sahitya sammelan, incorporated under this act d society means the hindi sahitya sammelan which has its head office at allahabad and is registered under the societies registration act, 21 of .

section 7. of the hindi sahitya sammelan act : 1 the general superintendence, direction and management of the affairs of the sammelan shall vest in a governing body, by whatever name called. 2the governing body shall consist of such number of persons not exceeding fiftyfive as the central government may from time to time determine, of whom not more than seven shall be nominated by the central government from among educationists of repute or eminent hindi scholars, and the remaining members shall be chosen in accordance with the rules made in this behalf. 3 subject to the provisions of this act, the powers and functions of the governing body, the term of office of, and the allowances, if any, payable to members thereof, the procedure to be followed by the governing body for the transaction of its business, the quorum necessary therefore and the manner of filling casual vacancies among the members thereof shall be such as may be prescribed.

section 4. of the hindi sahitya sammelan act : 1 the first members of the sammelan and all persons who may hereafter become members thereof in accordance with the rules made in this behalf, so long as they continue to hold membership thereof, are hereby constituted a body corporate by the name of the hindi sahitya sammelan. 2 the sammelan shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract and may by that name sue and be sued. 3 the head office of the sammelan shall be at allahabad. 14 the first members of the sammelan shall be a all persons who, immediately before the appointed day, were members of the society b all persons who, before that day, have been presidents of the society and c all persons who, before that day, were awarded the mangla parshad paritoshik by the society. 1. subs. by act 1 of , s. 2, for subsection 4 w.e.f. .

section 10. of the hindi sahitya sammelan act : notwithstanding anything to the contrary contained in any other law for the time being in force or in any order of a court, the first governing body shall take over the management, control and administration of all the properties vested in the sammelan.

section 11. of the hindi sahitya sammelan act : 1 the first governing body shall, as soon as may be, cause to be prepared, subject to such instructions, it any, as it may receive from the central government, a list of all persons who are to be considered as first members of the sammelan within the meaning of subsection 4 of section 4. 2 the list shall be published in such manner as may be directed by the central government. 3 if at any time after the publication in the list of first members under subsection 2, it appears to the first governing body that the name of any person has been wrongly omitted from, or wrongly entered in the list, it may order such name to be inserted or omitted from that list and the list shall be amended accordingly: provided that no order omitting the name of any person from the list shall be made unless that person has been given a reasonable opportunity of showing cause against such omission. 4 no persons other than the persons named in the list prepared under this section shall be considered as first members of the sammelan within the meaning of subsection 4 of section 4.

section 5. of the hindi sahitya sammelan act : on and from the appointed day, a any reference to the society in any law other than this act or in any contract or other instrument shall be deemed as a reference to the sammelan 1b all property, movable or immovable, of the society shall be the property of the sammelan c all rights and liabilities of the society shall 2 be the rights and liabilities of the sammelan and d every person employed for the society immediately before the appointed day shall hold his office or service in the sammelan by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to do so unless and until his appointment is terminated or until his tenure or terms and conditions are duly altered by the rules made in this behalf: provided that if the alteration so made is not acceptable to any such employee, his employment may be terminated by the sammelan in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the sammelan of compensation equivalent to three months remuneration in the case of permanent employees and one months remuneration in the case of permanent employees. 1. subs. by s. 3, ibid., for clause b w.e.f. . 2. the words be transferred to, and omitted by act 1 of , s. 3 w.e.f. .

section 13. of the hindi sahitya sammelan act : the first governing body shall, within six months of its constitution or within such further period as may be specified by the central government, arrange to hold elections to the governing body in accordance with the provisions of the rules made under section 12 and take such further steps as may be necessary for its due constitution within the period specified as aforesaid.

section 6. of the hindi sahitya sammelan act : subject to the provisions of this act and the rules made thereunder, the sammelan shall perform the following functions, namely: a to promote the spread of hindi language and to develop it and secure its enrichment in the manner indicated in article 351 of the constitution b to work for the promotion, development and advancement of hindi literature in india and foreign countries and to print and publish such literature c to work for the promotion, development and advancement of devanagari script, and to print and publish literature of other indian languages in devanagari script d to arrange for the holding of examinations through the medium of hindi language and to confer degrees, diplomas and other academic distinctions e to establish and maintain schools, colleges and other institutions for instruction in hindi language and hindi literature and also to affiliate schools, colleges and other institutions for its examinations f to affiliate institutions having for their object the promotion of hindi language and hindi literature g to award honorary degrees and other academic distinctions to persons who may have rendered distinguished service to the cause of hindi h to institute and award prizes partioshiks to distinguished scholars in hindi i to promote and encourage research in hindi language and hindi literature j to cooperate with other institutions having objects similar to those of the sammelan, in such manner as may be conducive to their common objects k to receive gifts, grants, donations or benefactions from the government and to receive bequests, donations or transfers of moveable and immoveable properties from testators, donors or transferors, as the case may be l to deal with any property belonging to or vested in the sammelan in such manner as the sammelan may deem fit for advancing the objects of the sammelan: m with the approval of the central government, to borrow on the security of the property of the sammelan money for the purposes of the sammelan, n to perform such other functions as may be deemed necessary by the sammelan for advancing the cause of hindi language and hindi literature or as may be necessary, incidental or conducive to the performance of all or any of the above functions.

section 15. of the hindi sahitya sammelan act : 1 the sammelan shall maintain a fund to which shall be credited a all fees and other charges received by the sammelan b all moneys received by the sammelan by way of grants, gifts, donations, benefactions, bequests or transfers and c all moneys received by the sammelan in any other manner or from any other source. 2 the fund shall be applied towards meeting the expenses of the sammelan in the performance of its functions under this act, including allowances, if any, payable to the members of the governing body or of any committee and the salaries and allowances, if any, of the employees of the sammelan.

section 9. of the hindi sahitya sammelan act : 1 subject to the provisions of section 14, the members of the first governing body shall hold office during the pleasure of the central government. 2 all questions at a meeting of the first governing body shall be decided by a majority of the members present thereof, and in the case of an equality of votes the chairman or, in his absence, any other person presiding, shall have a second or casting vote. 3 the quorum to constitute a meeting of the first governing body shall be 1five members. 4 the members shall be paid out of the fund of the sammelan such 2salary or allowances or both may be prescribed and until so prescribed, as may be specified by the central government in this be halt. 1. subs. by act 1 of , s. 4, for three w.e.f. . 2. subs. by s. 4, ibid., for allowances w.e.f. .

section 17. of the hindi sahitya sammelan act : 1 the governing body may, from time to time, make rules for carrying out the purposes of this act and such rules may amend or repeal the rules made under section 12. 2 no rules made under this section shall have effect until they are approved by the central government and are published by the governing body in the prescribed manner.

section 12. of the hindi sahitya sammelan act : 1 the first governing body shall, as soon as may be, make rules in respect of the following matters, namely: a the matters relating to membership, including the qualifications and disqualifications for membership of the sammelan b the powers and functions of the governing body the term of office of, and the allowances, if any, payable to, members thereof the procedure to be followed by the governing body for the transaction of its business, the quorum necessary therefore and the manner of filling casual vacancies among the members thereof c the conduct of elections for the constitution of the governing body and the decisions on doubts and disputes at or in connection with the said elections d the appointment of an executive committee or any other committee for carrying on the functions of the governing body or of the sammelan the constitution, powers and duties of such committees and the allowances, if any, payable to the members thereof e the procedure and the forms for the maintenance of books of accounts and other registers an statements for the purposes of this act f the appointment, control and other conditions of service of the employees of the sammelan g the conduct of correspondence, execution of documents and contracts for or on behalf of the sammelan h the conduct and prosecution of suits and proceedings by or against the sammelan i the matters relating to the affiliation of schools, colleges, and other institutions with the sammelan j the matters relating to the award of degrees and academic distinctions by the sammelan: k the matters relating to the award of prizes paritoshiks by the sammelan l the procedure for the amendment of the rules m such other matters as may be necessary for the performance of the functions of the sammelan. 2 a draft of the rules proposed to be made under subsection 1 shall be forwarded to the central government for approval and that government may approve the same with or without modifications. 3 no rules made under this section shall have effect until they are approved by the central government and are published by the first governing body in such manner as the central government may, by order direct. 4 a copy of the rules so made shall be laid, as soon as may be after they are made before each house of parliament.

section 14. of the hindi sahitya sammelan act : on the constitution of the governing body under section 7 in accordance with the rules made under section 12, the first governing body shall cease to exist and stand dissolved.

section 19. of the hindi sahitya sammelan act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provision or give such directions not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty.

section 16. of the hindi sahitya sammelan act : 1 the sammelan shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as may be prescribed. 2 the accounts of the sammelan shall, once at least in every year, be audited by a chartered accountant in practice within the meaning of the chartered accountants act, , to be appointed annually by the sammelan provided that no member of the sammelan who is a chartered accountant or a person who is in partnership with such member shall be eligible for appointment as an auditor under this section. 3 every auditor shall, in the performance of his duties, have at all reasonable times access to the books, accounts and other documents of the sammelan. 4 as soon as may be practicable at the end of each year, the audited accounts of the sammelan together with the audit report shall be forwarded to the central government.

section 18. of the hindi sahitya sammelan act : no act of the sammelan, or of the governing body, or of any other body set up under the rules made in this behalf shall be invalid merely by reason of a any vacancy therein, or defect in the constitution thereof, or b any defect in the election, nomination or appointment of a person acting as a member thereof, or c any irregularity in its procedure not affecting the merits of the case.

section 3b. of the epidemic diseases act : 13b. composition of certain offences.where a person is prosecuted for committing an offence punishable under subsection 2 of section 3, such offence may, with the permission of the court, be compounded by the person against whom such act of violence is committed. 1. ins. by s. 7, ibid. w.e.f. .

section 3c. of the epidemic diseases act : 13c. presumption as to certain offences.where a person is prosecuted for committing an offence punishable under subsection 3 of section 3, the court shall presume that such person has committed such offence, unless the contrary is proved. 1. ins. by s. 7, ibid. w.e.f. .

section 2. of the epidemic diseases act : 12. power to take special measures and prescribe regulations as to dangerous epidemic disease.1 when at any time the 2state government is satisfied that 2the state or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the 3state government, if 4it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such me asures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as 4it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred including compensation if any shall be defrayed. 2 in particular and without prejudice to the generality of the foregoing provisions, the 2state government may take measures and prescribe regulations for 5 b the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease. 6 1. for notifications issued under this section, see different local rules and orders. 2. subs. by the a.o. , for g.g. in c. 3. subs., ibid., for india. 4. subs., ibid., for he. 5. paragraph a omitted, ibid. 6. subsection 3 omitted by act 38 of , s. 2 and the first schedule.

section 3a. of the epidemic diseases act : 13a. cognizance, investigation and trial of offences.notwithstanding anything contained in the code of criminal procedure, 2 of , i an offence punishable under subsection 2 or subsection 3 of section 3 shall be cognizable and nonbailable ii any case registered under subsection 2 or subsection 3 of section 3 shall be investigated by a police officer not below the rank of inspector iii investigation of a case under subsection 2 or subsection 3 of section 3 shall be completed within a period of thirty days from the date of registration of the first information report iv in every inquiry or trial of a case under subsection 2 or subsection 3 of section 3, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnessed in attendance have been examined, unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavor shall be made to ensure that the inquiry or trial is concluded within a period of one year: provided that where the trial is not concluded within the said period, the judge shall record the reasons for not having done so: provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time. 1. ins. by s. 7, ibid. w.e.f. .

section 1. of the epidemic diseases act : 1 this act may be called the epidemic diseases act, . 12 it extends to the whole of india 2 3 4 1. subs. by the a.0. . 2. the words, figures and letters except the territories which, immediately before the 1st november, , were comprised in part b states omitted by act 34 of , s. 2 w.e.f. . 3. the word and rep. by act 10 of , s. 3 and the second schedule. 4. subsection 3 rep. by s. 3 and the second schedule, ibid.

section 1a. of the epidemic diseases act : 11a. definitions.in this, unless the context otherwise requires, a act of violence includes any of the following acts committed by any person against a healthcare service personnel serving during an epidemic, which causes or may cause i harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties ii harm, injury, hurt, intimidation or danger to the life of such healthcare service personnel, either within the premises of a clinical establishment or otherwise iii obstruction or hindrance to such healthcare service personnel in the discharge of his duties, either within the premises of a clinical establishment or otherwise or iv loss or damage to any property or documents in the custody of, or in relation to, such healthcare service personnel b healthcare service personnel means a person who while carrying out his duties in relation to epidemic related responsibilities, may come in direct contact with affected patients and thereby is at the risk of being impacted by such disease, and includes i any public and clinical healthcare provider such as doctor, nurse, paramedical worker and community health worker ii any other person empowered under the act to take measures to prevent the outbreak of the disease or spread thereof and iii any person declared as such by the state government, by notification in the official gazette c property includes i a clinical establishment as defined in the clinical establishments registration and regulation act, 23 of ii any facility identified for quarantine and isolation of patients during an epidemic iii a mobile medical unit and iv any other property in which a healthcare service personnel has direct interest in relating to the epidemic d the words and expressions used herein and not defined, but defined in the indian ports act, 15 of , the aircraft act, 22 of or the land ports authority of india act, 31 of , as the case may be, shall have the same meaning as assign ed to them in that act. 1. ins. by act 34 of , s. 3 w.e.f.

section 2a. of the epidemic diseases act : 1 2a. powers of central government.when the central government is satisfied that india or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insuffici ent to prevent the outbreak of such disease or the spread thereof, the central government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in 2the territories to which this act extends and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary. 1 ins. by act 38 of , s. 2 and the first schedule. earlier substituted by the a.o.. 2. subs. by the adaptation of laws no.2 order, , for a part a state or a part c state.

section 3. of the epidemic diseases act : 11 any person disobeying any regulation or order made under this act shall be deemed to have committed an offence punishable under section 188 of the indian penal code 45 of . 22 whoever, i commits or abets the commission of an act of violence against a healthcare service personnel or ii abets or cause damage or loss to any property, shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. 3 whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 of the indian penal code 45 of to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees. 1. section 3 renumbered as subsection 1 thereof by act 34 of , s. 6 w.e.f. . 2. ins. by act 34 of , s. 6 w.e.f. .

section 2b. prohibition of violence against healthcare service personnel and damage to property of the epidemic diseases act : 12b. prohibition of violence against healthcare service personnel and damage to property.no person shall indulge in any act of violence against a healthcare service personnel or cause any damage or loss to any property during an epidemic. 1. ins. by act 34 of , s. 5 w.e.f. .

section 3e. of the epidemic diseases act : 13e. compensation for acts of violence.1 in addition to the punishment provided for an offence under subsection 2 or subsection 3 of section 3, the person so convicted shall also be liable to pay, by way of compensation, such amount, as may be determined by the court for causing hurt or grievous hurt to any healthcare service personnel. 2 notwithstanding the composition of an offence under section 3b, in case of damage to any property or loss caused, the compensation payable shall be twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the court. 3 upon failure to pay the compensation awarded under subsections 1 and 2, such amount shall be recovered as an arrear of land revenue under the revenue recovery act, 1 of . 1. ins. by s. 7, ibid. w.e.f. .

section 3d. of the epidemic diseases act : 13d. presumption of culpable mental state.1 in any prosecution for an offence under subsection 3 of section 3 which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. 2 for the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existenc e is established by a preponderance of probability. explanation.in this section, culpable mental state includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. 1. ins. by s. 7, ibid. w.e.f. .

section 4. of the epidemic diseases act : no suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this act.

section 8. of the oil industry development act : notwithstanding anything in any agreement to the contrary, the board may, by notice in writing, require any oil industrial concern or other person to which or to whom it has rendered any assistance to discharge forthwith in full its or his liabilities to the board a if it appears to the board that false or misleading information in any material particulars was given in the application for such assistance or b if the concern or other person has failed to comply with the terms of its or his contract with the board in the matter of such assistance or c if there is a reasonable apprehension that the concern or other person is unable to pay its or his debts or that proceedings for liquidation or in insolvency may be commenced in respect of such concern or person or d if the property pledged, mortgaged, hypothecated or assigned to the board as security is not insured and kept insured by the concern or other person to the satisfaction of the board or depreciates in value to such an extent that, in the opinion of the board, further security to the satisfaction of the board should be given and such security is not given or e if, without the permission of the board, any machinery, plant or other equipment whether or not forming part of the security, is removed from the premises of the concern or other person without being replaced or f if for any reason it is necessary to protect the interests of the board.

section 1. of the oil industry development act : show related subordinates 1 this act may be called the oil industry development act, . 2 it extends to the whole of india.

section 2. of the oil industry development act : in this act, unless the context otherwise requires, a assistance means assistance rendered under section 6 b board means the oil industry development board established under section 3 c chairman means the chairman of the board d court means the high court or the court of judicial commissioner within the local limits of whose jurisdiction the defendant or respondent carries on the whole or a substantial part of his business, and where the central government has, by notification in the official gazette, and subject to such restrictions, limitations and conditions, as it thinks fit, empowered any court of civil jurisdiction subordinate to the high court or, as the case may be, the court of the judicial commissioner, to exercise all or any of the powers conferred by this act, such court e crude oil means petroleum in its natural state before it is refined or otherwise treated but from which water and foreign substances have been extracted f fertilisers means such oilbased chemical compounds which when employed in agriculture provide either single or multiple plant nutrients in any one or more of the forms of nitrogen, phosphorus and potash g member means a member of the board and includes the chairman h mineral oil includes petroleum and natural gas i natural gas means gas consisting primarily of hydrocarbons obtained from oil wells or gas wells j oil industrial concern means any company, corporation or cooperative society, which is engaged or which is to engage in any activity referred to in clause k k oil industry includes all activities by way of prospecting or exploring for or production of mineral oil, refining, processing, transportation, storage, handling, and marketing, of mineral oil, production and marketing of all products, downstream of an oil refinery and the production of fertilisers and petrochemicals and all activities directly or indirectly connected therewith l petrochemicals means chemicals, whether organic or inorganic, derived from petroleum including crude oil, natural gas, condensates, refined petroleum fractions and refinery gases m petroleum product means any commodity made from petroleum or natural gas and includes refined crude oil, processed crude petroleum, residuum from crude petroleum cracking stock, uncracked fuel oil, fuel oil, treated crude oil residuum, casing head gasoline, natural gas gasoline, naphtha, distillate gasoline, kerosene, bitumen, asphalt and tar, waste oil, blended gasoline, lubricating oil, blends or mixture of oil with one or more liquid products or byproducts derived from oil or gas and blends or mixtures of two or more liquid products or byproducts derived from oil condensate and gas or petroleum hydrocarbons not specified hereinbefore n prescribed means prescribed by rules made under this act.

section 7. of the oil industry development act : 1 before rendering any assistance to any oil industrial concern or other person, the board shall have regard to such directions as the central government may issue in this behalf and shall satisfy itself that a such assistance is not contrary to such directions and b such assistance is necessary as a matter of priority in the interests of the development of oil industry. 2 in rendering any assistance to any oil industrial concern or other person, the board shall impose such conditions as may be prescribed and may also impose such additional conditions as it may think necessary or expedient for protecting the interests of the board and for securing that the assistance rendered by it is put to the best use by such concern or other person.

section 4. of the oil industry development act : show related subordinates every person appointed as a wholetime member of the board shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government and the other members of the board and such of the members of any ad hoc committee constituted under subsection 6 of section 3 as are not members of the board shall be entitled to such allowances, if any, and such other conditions of service, as may be prescribed.

section 9. of the oil industry development act : 1 where an oil industrial concern or other person, in breach of any agreement, makes any default in repayment of any loan or advance or any instalment thereof or in meeting its or his obligations in relation to any other assistance rendered by the board or otherwise fails to comply with the terms of the agreement with the board or where the board requires an oil industrial concern or other person to make immediate repayment of any loan or advance and the concern or other person fails to make such repayment, then, without prejudice to the provisions of section 69 of the transfer of property act, 4 of , any officer of the board generally or specially authorised by the board in this behalf may apply to the court for one or more of the following reliefs, namely: a for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the board as security for the loan or advance or b for an ad interim injunction where there is apprehension of the machinery or the equipment being removed from the premises of the oil industrial concern or other person without the permission of the board or c in the case of an oil industrial concern, for transferring the management of the concern to the board. 2 an application under subsection 1 shall state the nature and extent of the liability of the oil industrial concern or other person to the board, the ground on which it is made and such other particulars as may be prescribed. 3 when the application is for the relief mentioned in clause a or clause b of subsection 1, the court shall pass an ad interim order attaching the property or so much of the property of the oil industrial concern or other person as would on being sold realise in the estimation of the court an amount equivalent in value to the outstanding liability of the concern or other person to the board together with costs of the proceedings taken under this section with or without an ad interim injunction restraining the oil industrial concern or other person from transferring or removing any machinery or equipment. 4 where the application is for the relief mentioned in clause c of subsection 1, the court shall grant an ad interim injunction restraining the oil industrial concern from transferring or removing its machinery and equipment and issue a notice calling upon the concern to show cause on a date to be specified in the notice why the management of the concern should not be transferred to the board. 5 before passing any order under subsection 3 or subsection 4, the court may, if it thinks fit, examine the officer making the application. 6 at the same time as it passed an order under subsection 3, the court shall issue to the oil industrial concern or other person a notice accompanied by copies of the order, the application and the evidence, if any, recorded by it, calling upon the concern or other person to show cause on a date to be specified in the notice why the ad interim order of attachment should not be made absolute or the injunction confirmed. 7 if no cause is shown before the date specified in the notice under subsections 4 and 6, the court shall forthwith make the ad interim order absolute and direct the sale of the attached property or transfer the management of the oil industrial concern to the board or confirm the injunction. 8 if cause is shown, the court shall proceed to investigate the claim of the board and the provisions of the code of civil procedure, 5 of shall, so far as may be, apply to such proceedings. 9 on an investigation made under subsection 8, the court shall pass an order a confirming the order of attachment and directing the sale of the attached property, or b varying the order of attachment so as to release a portion of the property from attachment and directing the sale of the remainder of the attached property, or c releasing the property from attachment, if it is satisfied that it is not necessary in the interests of the board, or d confirming or dissolving the injunction, or e transferring the management of the oil industrial concern to the board or rejecting the claim made in this behalf: provided that when making any order under clause c, the court may make such other orders as it thinks necessary to protect the interests of the board, and, may apportion the costs of the proceedings in such manner as it thinks fit: provided further that unless the board intimates the court that it will not appeal against any order releasing any property from attachment, such order shall not be given effect to until the expiry of the period fixed under subsection 12 within which an appeal may be preferred, or if an appeal is preferred, unless the court empowered to hear appeals from the decisions of the said court otherwise directs, until the appeal is disposed of. 10 an order of attachment or sale of property shall be carried into effect, as far as may be practicable, in the manner provided in the code of civil procedure, 5 of for the attachment or sale of property in execution of a decree, as if the board were the decreeholder. 11 an order under this section transferring the management of an oil industrial concern to the board shall be carried into effect, as far as may be practicable, in the manner provided in the code of civil procedure, 5 of for the possession of immovable property or the delivery of movable property in execution of a decree, as if the board were the decreeholder. 12 any party aggrieved by an order under subsection 7 or subsection 9 may, within thirty days from the date of the order, appeal to the court empowered to hear appeals from the decisions of the court which passed the order and the appellate court may after hearing the parties pass such orders as it thinks proper. 13 nothing in this section shall be construed, where proceedings for liquidation or in insolvency in respect of the oil industrial concern or other person have commenced before an application is made under subsection 1 as giving to the board any preference over the other creditors of the concern or other person not conferred on it by any other law. 14 for the removal of doubts, it is hereby declared that any court competent to grant an ad interim injunction under this section shall also have the power to appoint a receiver and to exercise all other powers incidental thereto.

section 3. of the oil industry development act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act a board to be called the oil industry development board. 2 the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the board shall consist of the following members, namely: a not more than three members to be appointed by the central government to represent the ministry or ministries of the central government dealing with petroleum and chemicals b two members to be appointed by the central government to represent the ministry of the central government dealing with finance c not more than five members to be appointed by the central government to represent the corporations, being corporations owned or controlled by the central government, engaged in activities referred to in clause k of section 2 d two members of whom one shall be appointed by the central government from amongst persons who, in the opinion of that government, have special knowledge or experience of oil industry and the other shall be appointed by that government to represent labour employed in the oil industry e the secretary to the board, ex officio. 4 the central government shall appoint the chairman of the board. 5 the term of office of the members of the board other than the members appointed by virtue of office and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 6 subject to such conditions and restrictions as may be prescribed, the board may constitute standing committees or ad hoc committees for exercising any power or discharging any duty of the board or for inquiring into, reporting and advising on, any matter which the board may refer to them: provided that a standing committee shall consist exclusively of members of the board. 7 no act or proceeding of the board or of any committee constituted under subsection 6 shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the board or such committee or b any defect in the appointment of a person acting as a member of the board or such committee or c any irregularity in the procedure of the board or such committee not affecting the merits of the case.

section 10. of the oil industry development act : when the management of an oil industrial concern is taken over by the board, the board may, by order notified in the official gazette, appoint as many persons as it thinks fit to be the directors of that concern and nothing in the companies act, 1 of or in any law or instrument relating to the concern, in so far as it makes, in relation to a director, any provision for the holding of any share qualification, age limit, restrictions on the number of directorships, retirement by rotation or removal from office shall apply to any director appointed by the board under this section.

section 6. of the oil industry development act : 1 subject to the provisions of this act and the rules made thereunder, the board shall render, in such manner, to such extent and on such terms and conditions as it may deem fit, financial and other assistance for the promotion of all such measures as are, in its opinion, conducive to the development of oil industry. 2 without prejudice to the generality of the provisions of subsection 1, the board may render assistance under that subsection by a making grants or advancing loans to any oil industrial concern or other person who is engaged or is to engage in any activity referred to in clause k of section 2 b guaranteeing on such terms and conditions as may be agreed upon loans raised by any oil industrial concern or other person which are repayable within a period not exceeding twentyfive years and are floated in the market or loans raised by an oil industrial concern or other person from any bank which is a scheduled bank, or a state cooperative bank, as defined in the reserve bank of india act, 2 of c guaranteeing on such terms and conditions as may be agreed upon deferred payments due from any oil industrial concern or other person in connection with import of capital goods from outside india or in connection with purchase of capital goods within india by such concern or other person d guaranteeing on such terms and conditions as may be agreed upon loans raised from, or credit arrangements made with, any bank or financial institution in any country outside india by any oil industrial concern or other person in foreign currency: provided that no such guarantee shall be given without the prior approval of the central government e underwriting the issue of stock, shares, bonds or debentures by any oil industrial concern and retaining as part of its assets any stock, shares, bonds or debentures which it may have to take up in fulfilment of its obligations thereto f acting as agent for the central government or, with its approval, for any overseas financial organisation or credit agency in the transaction of anybusiness with any oil industrial concern in respect of loans or advances granted, or debentures subscribed by the central government or such organisation or agency g subscribing to the stock or shares of any oil industrial concern h subscribing to the debentures of any oil industrial concern repayable within a period not exceeding twentyfive years from the date on which they are subscribed to: provided that nothing contained in this clause shall be deemed to preclude the board from subscribing to the debentures of any oil industrial concern, the amounts outstanding thereon may be convertible at the option of the board into stock or shares of that concern within the period the debentures are repayable. explanation. in this clause, the expression amounts outstanding thereon used in relation to any loan or advance shall mean the principal, interest and other charges payable on such loan or advance as at the time when the amounts are sought to be converted into stock or shares. 3 without prejudice to the generality of the provisions of subsection 1, the measures for the promotion of which the board may render assistance under that subsection may include measures for or by way of a prospecting for and exploration of mineral oil within india including the continental shelf thereof or outside india b the establishment of facilities for production, handling, storage and transport of crude oil c refining and marketing of petroleum and petroleum products d the manufacture and marketing of petrochemicals and fertilisers e scientific, technological and economic research which could be, directly or indirectly, useful to oil industry f experimental or pilot studies in any field of oil industry g training of personnel, whether in india or outside, engaged or to be engaged in any field of oil industry, and such other measures as may be prescribed. 4 the board may charge such fees or receive such commission as it may deem appropriate for any services rendered by it in the exercise of its functions. 5 the board may transfer for consideration any instrument relating to loans or advances granted by it to any oil industrial concern or other person. 6 the board may do all such things as may be incidental to or consequential upon the discharge of its functions under this act.

section 5. of the oil industry development act : 1 the central government shall appoint a secretary to the board. 2 subject to rules made in this behalf, the secretary shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board. 3 the secretary shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 4 subject to such conditions and restrictions as may be prescribed, the board may appoint such consultants as may be necessary for the performance of its functions on such terms and conditions as it may determine from time to time. 5 subject to such conditions and restrictions as may be prescribed, the board may appoint such other officers and employees as may be necessary for the performance of its functions and pay them such salaries and allowances as it may determine from time to time.

section 13. of the oil industry development act : 1 notwithstanding anything contained in any law for the time being in force, no director or other person in charge of the management of an oil industrial concern immediately before the issue of a notified order under section 10 in respect of such concern shall be entitled to any compensation for the loss of office or for the premature termination under this act of the contract entitling him to be in charge of such management. 2 nothing contained in subsection 1 shall affect the right of any director or other person referred to therein to recover from the oil industrial concern moneys recoverable otherwise than by way of such compensation.

section 11. of the oil industry development act : on the issue of a notified order under section 10 a all persons holding office as director of the oil industrial concern or in charge of the management of such concern immediately before the issue of the notified order shall be deemed to have vacated their offices as such b the directors appointed under section 10 shall take such steps as may be necessary to take into their custody or under their control the property, effects and actionable claims to which the oil industrial concern is, or appears to be, entitled and all the property and effects of the concern shall be deemed to be in the custody of the directors as from the date of the notified order c the directors appointed under section 10 shall for all purposes be the directors of the oil industrial concern duly constituted under the companies act, 1 of and shall alone be entitled to exercise all the powers of the directors of the concern, whether such powers are derived from the said act or from the memorandum or articles of association of the concern or from any other source.

section 17. of the oil industry development act : the central government may also, after due appropriation made by parliament by law in this behalf, pay to the board by way of grants or loans such sums of money as the central government may consider necessary.

section 12. of the oil industry development act : 1 subject to the control of the board, the directors appointed under section 10 shall take such steps as may be necessary for the purpose of efficiently managing the business of the oil industrial concern and shall exercise such powers and perform such duties as may be prescribed. 2 without prejudice to the generality of the powers vested in them under subsection 1, the directors appointed under section 10 may, with the previous approval of the board, make an application to a court for the purpose of cancelling or varying any contract or agreement entered into, at any timebefore the issue of the notified order under section 10, between the oil industrial concern and any other person and the court may, if satisfied after due inquiry that such contract or agreement had been entered into in bad faith and is detrimental to the interests of the concern, make an order cancelling or varying either unconditionally or subject to such conditions as it may think fit to impose that contract or agreement and the contract or agreement shall accordingly stand cancelled or, as the case may be, have effect as so varied.

section 19. of the oil industry development act : subject to such rules as may be made in this behalf, the board shall have the power to borrow on the security of the oil industry development fund or any other asset for carrying out the purposes of this act.

section 14. of the oil industry development act : 1 where the management of an oil industrial concern, being a company as defined in the companies act, , is taken over by the board, then, notwithstanding anything contained in the said act or in the memorandum or articles of association of such concern, a it shall not be lawful for the shareholders of such concern or any other person to nominate or appoint any person to be a director of such concern b no resolution passed at any meeting of the shareholders of such concern shall be given effect to unless approved by the board c no proceeding for the winding up of such concern or for the appointment of a receiver in respect thereof shall lie in any court, except with the consent of the board. 2 subject to the provisions contained in subsection 1 and to the other provisions contained in this act and subject to such other exceptions, restrictions and limitations, if any, as the central government may, by notification in the official gazette, specify in this behalf, the companies act, 1 of shall continue to apply to such concern in the same manner as it applied thereto before the issue of the notified order under section 10.

section 20. of the oil industry development act : 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balancesheet in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 15. of the oil industry development act : 1 there shall be levied and collected, as a cess for the purposes of this act, on every item specified in column 2 of the schedule, which is produced in india including the continental shelf thereof and a removed to a refinery or factory or b transferred by the person by whom such item is produced to another person, a duty of excise at such rate not exceeding the rate set forth in the corresponding entry in column 3 of the schedule, as the central government may, by notification in the official gazette, specify: provided that until the central government specifies by such notification the rate of the duty of excise in respect of crude oil being an item specified in the schedule the duty of excise on crude oil under this subsection shall be levied and collected at the rate of rupees sixty per tonne. 2 every duty of excise leviable under subsection 1 on any item shall be payable by the person by whom such item is produced, and in the case of crude oil, the duty of excise shall be collected on the quantity received in a refinery. 3 the duties of excise under subsection 1 on the items specified in the schedule shall be in addition to any cess or duty leviable on those items under any other law for the time being in force. 4 the provisions of the central excises and salt act, 1 of and the rules made thereunder, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of duties of excise leviable under this section and for this purpose the provisions of that act shall have effect as if that act provided for the levy of duties of excise on all items specified in the schedule.

section 16. of the oil industry development act : the proceeds of the duties of excise levied under section 15 shall first be credited to the consolidated fund of india and the central government may, if parliament by appropriation made by law in this behalf, so provides, pay to the board from time to time, from out of such proceeds, after deducting the expenses of collection, such sums of money as it may think fit for being utilised exclusively for the purposes of this act.

section 22. of the oil industry development act : the board shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 18. of the oil industry development act : 1 there shall be formed a fund to be called the oil industry development fund and there shall be credited thereto a any sums of money paid under section 16 or section 17 b any grants that may be made by any person or institution for the purposes of this act c any borrowings by the board d the sums, if any, realised by the board in carrying out its functions or in the administration of this act. 2 the fund shall be applied a for meeting the salaries, allowances, honoraria and other remuneration of the officers and other employees of the board and of the advisers, consultants or other agencies whose services are availed of by the board b for meeting the other administrative expenses of the board c for rendering assistance under section 6 d for repayment of any loans taken by the board or for meeting other liabilities under this act. 1e for meeting any expenditure incurred by any central public sector undertaking in the oil and gas sector, on behalf of the central government f for meeting expenditure on any scheme or activity by the central government relating to oil and gas sector. 1. ins. by act 7 of , s. 140 w.e.f. .

section 21. of the oil industry development act : the central government may, by order notified in the official gazette, require all persons engaged in oil industry or any class of such persons a to maintain such books, accounts and records relating to their business as may be specified in the order b to produce such books, accounts and records for inspection and to furnish such information relating thereto to such officer or authority and at such times or in such circumstances as may be specified in the order.

section 22a.. of the oil industry development act : exemption from liability to pay incometax. omitted by the finance act, 20 of , s. 159 w.e.f. .

section 23.penalties of the oil industry development act : any person who, a being required under this act to produce any books, accounts or records or furnish any information, fails to produce such books, accounts or records or fails to furnish such information or furnishes information which is false, and which he either knows or believes to be false, or does not believe to be true or b obstructs any member or any officer or other employee of the board or any person authorized in this behalf by the central government or by the board in the exercise of any power conferred or in the discharge of any duty imposed on him by or under this act, shall be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

section 29. dissolution of the board of the oil industry development act : 1 the central government may, if satisfied that it is necessary so to do in the public interest, direct by notification in the official gazette that the board shall be dissolved from such date and for such period as may be specified in the notification. 2 when the board is dissolved under the provisions of subsection 1, a all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members b all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf c all funds and other properties vested in the board shall, during the period of dissolution, vest in the central government. 3 as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act.

section 24. of the oil industry development act : whoever contravenes or attempts to contravene or abets the contravention of any of the provisions of this act or of any rule made thereunder other than the provisions for the contravention of which section 23 applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 25. of the oil industry development act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 30. of the oil industry development act : the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any enactment other than this act.

section 26. of the oil industry development act : no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 31. of the oil industry development act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and other conditions of service of members, the manner of filling vacancies among and the procedure to be followed in the discharge of their functions b the powers which may be exercised and the duties which shall be performed by the secretary to the board c the circumstances in which and the authority by which a member may be removed d the holding of minimum number of meetings of the board every year e the convening of meetings of the board and of its committees, the procedure to be followed at the meetings of the board and of its committees for the conduct of business and the number of members which shall form quorum at a meeting f the maintenance by the board of records of business transacted by the board and the submission of copies thereof to the central government g the powers of the board, its chairman and other members, secretary and committees of the board with respect to the incurring of expenditure h the conditions subject to which the board may incur expenditure outside india i the preparation of budget estimates of receipts and expenditure of the board and the authority by which the estimates are to be sanctioned j the form and manner in which the accounts should be kept by the board k the custody and investment of the funds of the board l the conditions to be observed by the board in borrowing money m the conditions subject to which and the manner in which contracts may be entered into by or on behalf of the board n the delegation to the chairman, secretary or members or officers of the board of any of the powers and duties of the board under this act o the additional measures for the promotion of which the board may render assistance p the remuneration and other allowances payable to the person or persons referred to in clause b of subsection 2 of section 29 q the fees which the board may charge for any assistance or services rendered by it under this act r the staff which may be employed by the board and the pay and allowances and leave and other conditions of service of officers other than those appointed by the central government and other employees of the board s any other matter which is to be or may be prescribed or provided for by rules under this act. 3 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament. while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 27. of the oil industry development act : no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central government.

section 28. of the oil industry development act : no suit, prosecution or other legal proceeding shall lie against the central government or the board or any committee constituted by the board or any member of the board or of such committee or any officer or other employee of the central government or of the board or any agent of or any other person authorised by the central government or the board, for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 8. of the official trusteers act : 1 any person intending to create a trust other than a trust which the official trustee is prohibited from accepting under the provisions of this act may by the instrument creating the trust and with the consent of the official trustee, appoint him by that name or any other sufficient description to be the trustee of the property subject to such trust: provided that the consent of the official trustee shall be recited in the said instrument and that such instrument shall be duly executed by the official trustee. 2 upon such appointment the property subject to the trust shall vest in such official trustee, and shall be held by him upon the trusts declared in such instrument.

section 1. of the official trusteers act : 1 this act may be called the official trustees act, . 12 it extends to the whole of india 2 . 3 it shall come into force on such date3 as the central government, by notification in the official gazette, may direct. 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and schedule w.e.f. . 3. the 1st april, , see gazette of india, , pt. i, p. 365.

section 7. of the official trusteers act : 1 subject to, and in accordance with, the provisions of this act and the rules made thereunder, the official trustee may, if he thinks fit, a act as an ordinary trustee b be appointed trustee by a court of competent jurisdiction. 2 save as hereinafter expressly provided, the official trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the court as any other trustee acting in the same capacity. 3 the official trustee may decline, either absolutely or except on such conditions as he may impose, to accept any trust. 4 the official trustee shall not accept, any trust under any composition or scheme of arrangement for the benefit of creditors, nor of any estate known or believed by him to be insolvent. 5 the official trustee shall not, save as provided by any rules made under this act, accept any trust for a religious purpose or any trust which involves the management or carrying on of any business. 6 the official trustee shall not administer the estate of a deceased person, unless he is expressly appointed sole executor of, and sole trustee under, the will of such person. 7 the official trustee shall always be sole trustee, and it shall not be lawful to appoint the official trustee to be trustee along with any other person.

section 2. of the official trusteers act : 12. interpretation clause. in this act, unless there is anything repugnant in the subject or context, 1 government or the government means, in relation to a state, the state government and, in relation to a union territory, the central government. 2 3 prescribed means prescribed by rules under this act. 1. subs. by the a.o. no. 2 , for section 2. 2. clause 2 omitted by act 48 of , s. 3.

section 3. of the official trusteers act : 13. extent of jurisdiction of high court. the high court shall, in respect of proceedings instituted by or against the official trustee under this act or the indian trusts act, 2 of , be a competent court throughout the territories in relation to which it exercises civil appellate jurisdiction: provided that nothing in this section shall be construed as affecting the jurisdiction of any district court. 1. ins. by s. 4, ibid., s. 3, earlier section 3 was omitted by the a.o. no. 2 .

section 9. of the official trusteers act : when the official trustee has by that name or any other sufficient description been appointed trustee under any will, the executor of the will of 1the testator or the administrator of his estate shall, after obtaining probate or letters of administration, notify in the prescribed manner the contents of such will to such official trustee and, if such official trustee consents to accept the trust, then upon the execution by such executor or administrator of an instrument in writing transferring the property subject to the official trustee, such property shall vest in such official trustee, and shall be held by him upon the trusts expressed in the said will: provided that the consent of the official trustee shall be recited in the said instrument and that such instrument shall be duly executed by the official trustee. 1. subs. by act 18 of , s. 2 and first schedule, for such testator.

section 4. of the official trusteers act : 11 2the government shall appoint an official trustee for each state: provided that nothing herein contained shall be deemed to bar the appointment of the same person as official trustee for two or more 3states. 42 no person shall be appointed to the office of official trustee unless he has been for at least a seven years, an advocate or b seven years, an attorney of a high court or c ten years, a member of the judicial service of a state or d five years, a deputy official trustee. 5 1. subs. by the a. o. , for subsection 1. 2. subs. by the a.o. no. 2 , for the first paragraph. 3. subs. by the a.o. , for divisions. 4. subs. by act 48 of , s. 5, for subsection 2. 5. subsection 3 omitted by the a.o. .

section 5. of the official trusteers act : 11 the government may appoint a deputy or deputies to assist the official trustee and any deputy so appointed shall, subject to the control of the government and the general or special orders of the official trustee, be competent to discharge any of the duties and exercise any of the powers of the official trustee, and, when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the official trustee. 22 no person shall be appointed as a deputy unless he has been for at least three years a an advocate or b an attorney of a high court or c a member of the judicial service of a state. 1. section 5 was renumbered as subsection 1 thereof by act 48 of , s. 6. 2. ins, by s. 6, ibid.

section 6. of the official trusteers act : the official trustee shall be a corporation sole by the name of the official trustee of the 1state for which he is appointed and, as such official trustee, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name. 1. subs. by the a.o. , for division which had been subs. by the a.o. , for presidency.

section 16. of the official trusteers act : nothing in section 80 of the code of civil procedure, 5 of shall apply to any suit against the official trustee in which no relief is claimed against him personally.

section 10. of the official trusteers act : 1 if any property is subject to a trust other than a trust which the official trustee is prohibited from accepting under the provisions of this act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the high court willing or capable to act in the trust, the high court may on application make an order for the appointment of the official trustee by that name with his consent to be the trustee of such property. 2 upon such order such property shall vest in the official trustee and shall be held by him upon the same trusts as the same was held previously to such order, and the previous trustee or trustees if any shall be exempt from the liability as trustees of such property save in respect of acts done before the date of such order. 3 nothing in this section shall be deemed to affect the provisions of 1 the indian trusts act, 2 of . 1. the words and figures the trustees and mortgagees powers act, , or omitted by act 48 of , s. 7.

section 11. of the official trusteers act : 1 if any property is subject to a trust other than a trust which the official trustee is prohibited from accepting under the provisions of this act, and all the trustees or the surviving or continuing trustee or trustees and all persons beneficially interested in the trust arc desirous that the official trustee shall be appointed in the room of such trustee or trustees, it shall be lawful for such trustee or trustees, by an instrument in writing to appoint the official trustee by that name or any other sufficient description with his consent to be the trustee of such property: provided that the consent of the official trustee shall be recited in the said instrument and that such instrument shall be duly executed by him. 2 upon such appointment such property shall vest in the official trustee and shall be held by him upon the same trusts as the same was held previously to such appointment, and the previous trustee or trustees shall be exempt from all liability as trustees of such property save in respect of acts done before the date of such appointment.

section 12., of minor or lunatic. of the official trusteers act : 1 if any 1minor or lunatic is entitled to any gift, legacy or share of the assets of a deceased person, it shall be lawful for the person by whom such gift is made, or executor or administrator by whom such legacy or share is payable or transferable or any trustee of such gift, legacy or share, to transfer the same by an instrument in writing to the official trustee by that name or any other sufficient description with his consent: provided that the consent of the official trustee shall be recited in the said instrument and that such instrument shall be duly executed by the official trustee. 2 any money or property transferred to the official trustee under this section shall vest in him and shall be subject to the same provisions as arc contained in this act as to other property vested in such official trustee. 1. subs. by act 48 of , s. 8, for infant.

section 17. of the official trusteers act : 1 there shall be charged in respect of the duties of the official trustee such fees, whether by way of percentage or otherwise, as the government may prescribe. 1 2 the fees under this section may be at different rates for different properties or classes of properties or for different duties, and shall, so far as may be, be arranged so as to produce an amount sufficient to discharge the salaries and all other expenses incidental to the working of this act including such sum as government may determine to be required to insure 2 the government 3 against loss under this act. 1. the proviso omitted by act 48 of , s. 11. 2. the words the revenues of omitted by s. 11, ibid. 3. the words of india omitted by act 21 of , s. 4.

section 13. of the official trusteers act : 1 no official trustee shall be required by any court to enter into any bond or security on his appointment in any capacity under this act. 2 no official trustee 1 shall be required to verify otherwise than by his signature any petition presented by him under the provisions of this act, and if the facts stated in any such petition are not within 2his personal knowledge, the petition may be verified and subscribed by any person competent to make the verification. 1. the words or deputy official trustee omitted by s. 9, ibid. 2. subs. by s. 9, ibid., for the official trustees personal knowledge.

section 20. of the official trusteers act : 1 every auditor shall have the powers of a civil court under the code of civil procedure, 5 of , a to summon any person whose presence he may think necessary to attend him from time to time, and b to examine any person, on oath to be by him administered, and c to issue a commission for the examination on interrogatories or otherwise of any person, and d to summon any person to produce any document or thing, the production of which appears to be necessary for the purposes of such audit or examination. 2 any person who, when summoned, refuses, or without reasonable cause neglects to attend or to produce any document or thing or attends and refuses to be sworn, or to be examined shall be deemed to have committed an offence within the meaning of, and punishable under section 188 of the indian penal code 45 of , and the auditor shall report every case of such refusal or neglect to government.

section 15. of the official trusteers act : 1 the 1 government 2 shall be liable to make good all sums required to discharge any liability which the official trustee, if he were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the official trustee nor any of his officers has in any way contributed or which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in either of those cases the official trustee shall not, nor shall the 3government, be subject to any liability. 2 nothing in subsection 1 shall be deemed to render the 3government or any official trustee appointed under this act liable for anything done by or under the authority of any official trustee before the commencement of this act. 1. the words revenues of the omitted by s. 10, ibid. 2. the words of india omitted by act 21 of , s. 3. 3. the words revenues of the government of india have been successively amended by act 21 of , s. 3, the a.o. and act 48 of , s. 10, to read as above.

section 14. of the official trusteers act : the entry of the official trustee by that name in the books of a company shall not constitute notice of a trust and a company shall not be entitled to object to enter the name of the official trustee on its register by reason only that the official trustee is a corporation and, in dealing with property, the fact that the person dealt with is the official trustee shall not of itself constitute notice of a trust.

section 23. of the official trusteers act : when any moneys payable to a beneficiary under a trust have been in the hands of any official trustee for a period of, twelve years or upwards whether before or after the commencement of this act in consequence of the official trustee having been unable to trace the person entitled to receive the same, such money shall be transferred in the prescribed manner to the account and credit of the government 1: provided that no such moneys shall be so transferred if any suit or proceeding is pending in respect thereof in any court. 1. the words of india omitted by act 21 of , s. 4.

section 18. of the official trusteers act : 1 all expenses which might be retained or paid out of the trust fund, if the official trustee were a private trustee, shall be so retained or paid, and any fees leviable under this act shall be retained or paid in like manner as and in addition to such expenses. 2 the official trustee shall transfer and pay to such authority and in such manner and at such times as the government may prescribe, all fees received by him under this act, and the same shall be carried to the account and credit of the government 1. 1. the words the revenues of omitted by s. 11, ibid.

section 24. of the official trusteers act : 1 if any claim is made to any moneys so transferred and such claim is established to the satisfaction of the prescribed authority, the government 1 shall pay to the claimant the amount in respect of which the claim is established. 2 if such claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such moneys, apply by petition to the high court against the 2government, and, after taking such evidence as it thinks fit, such court shall make such order on the petition in regard to the payment of such moneys as it thinks fit, and such order shall be binding on all parties to the proceedings. 3 3 the court may further direct by whom all or any part of the costs of such proceedings shall be paid. 1. the words of india omitted by act 21 of , s. 4. 2. subs. by the a.o. , for secretary of state for india in council. 3. the proviso omitted by the a.o. . earlier inserted by the a.o. .

section 19., and to report to government. of the official trusteers act : 1 the accounts of the official trustee shall be audited at least once annually and at any other time if the government so direct by the prescribed person and in the prescribed manner. 2 the auditor shall examine such accounts, and shall forward to government a statement thereof in the prescribed form, together with a report thereon and a certificate signed by him showing 1a whether the accounts have been audited in the prescribed manner, and whether, so far as can be ascertained by such audit, the accounts contain a full and true account of everything which ought to be contained therein b whether the books, which by any rules made under this act are directed to be kept by the official trustee, have been duly and regularly kept, and c whether the trust funds and securities have been duly kept and invested and deposited in the manner prescribed by this .act or any rules made thereunder or as the case may be that such accounts are deficient, or that the official trustee has failed to comply with this act or the rules made thereunder, in such respects as may be specified in such certificate. 1. subs. by act 48 of , s. 12, for clause a.

section 21., how paid. of the official trusteers act : the cost of and incidental to every such audit and examination shall be determined in accordance with rules made by the government and shall be defrayed in the prescribed manner.

section 22. of the official trusteers act : every beneficiary under a trust which is being administered by the official trustee shall, subject to such conditions and restrictions as may be prescribed, be entitled, at all reasonable times, to inspect the accounts of such trust, and the report and certificate of the auditor and, on payment of the prescribed fee, to be furnished with copies thereof .or extracts therefrom, and nothing in the indian trusts act, 2 of , shall affect the provisions of this section.

section 25. of the official trusteers act : the high court may make such orders as it thinks fit respecting any trust property vested in the official trustee, or the 1income or produce thereof. 1. subs. by act 48 of , s. 13, for interest.

section 26. of the official trusteers act : any order under this act may be made, on the application of any person beneficially interested in any trust property or of any trustee thereof.

section 32. of the official trusteers act : nothing contained in this act shall be deemed to affect the provisions of the indian registration act, 16 of .

section 27. of the official trusteers act : any order made by a high court under this act shall have the same effect as a decree.

section 28. of the official trusteers act : the official trustee may, in addition to and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure a on such acts as may be necessary for the proper care and management of any property belonging to any trust administered by him and b with the sanction of the high court on such religious, charitable and other objects and on such improvements as may be reasonable and proper in the case of such property.

section 29. of the official trusteers act : 1 nothing in this act shall be deemed to prevent the transfer by the official trustee of any property vested in him to a the original trustee if any or b any other lawfully appointed trustee or c any other person if the court so directs. 2 upon such transfer such property shall vest in such trustee, and shall be held by him upon the same trusts as those upon which it was held prior to such transfer, and the official trustee shall be exempt from all liability as trustee of such property except in respect of acts done before such transfer: provided that, in the case of any transfer under this section, the official trustee shall be entitled to retain out of the property any fees leviable in accordance with the provisions of this act.

section 30. of the official trusteers act : 1 the government shall make rules for carrying into effect the objects of this act and for regulating the proceedings of the official trustee in the discharge of his duties. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the accounts to be kept by the official trustee and the audit and inspection thereof b the safe custody, and deposit of the funds and securities which come into the hands of the official trustee c the remittance of sums of money in the hands of the official trustee in cases in which such remittances are required d the statements, schedules and other documents to be submitted by the official trustee to government or to any other authority and the publication of such statements, schedules or other documents e the realization of the cost of preparing any such statements, schedules or other documents 1 f subject to the provisions of this act, the fees to be paid thereunder and the collection and accounting for any fees so fixed g the manner in which and the person by whom the costs of and incidental to any audit under the provisions of this act are to be determined and defrayed h the manner in which summonses issued under the provisions of section 20 are to be served and the payment of the expenses of any persons summoned or examined under the provisions of this act and of any expenditure incidental to such examination i the acceptance by the official trustee of trusts for religious purposes and trusts which involve the management or carrying on of business and j any matter in this act directed to be prescribed. 3 rules made under the provisions of this section shall be published in the official gazette, and shall thereupon have effect as if enacted in this act. 23a every rule made by the state government under this section shall be laid, as soon as it is made, before the state legislature. 34 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 4in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. clause ee rep. by the act 5 of , s. 6 and the schedule. earlier inserted by act 10 of , s. 2 and the first schedule. 2. ins. by act 20 of , s. 2 and schedule w.e.f. . 3. ins. by act 48 of , s. 14. 4. subs. by act 20 of , s. 2 and the schedule, for certain words w.e.f. .

section 32b. of the official trusteers act : 132b. special provision regarding certain official trustees affected by states reorganisation.the amendments of this act which come into force on the 1st november, , shall not affect any legal proceedings pending in any court on that date and where, on acc ount of the reorganisation of states under the states reorganisation act, 37 of , or the bihar and west bengal transfer of territories act, 40 of , the whole or any part of a state is transferred to any other state, such transfer of the territory of the state shall not be construed as automatically transferring any property from any official trustee to any other official trustee but if, by reason of such transfer of territory, it appears to the central government that the whole or any part of the property vested in an official trustee, should be vested in another official trustee, that government may direct that the property will be so vested and thereupon it shall vest in that other official trustee and his successors as fully and effectually for the purposes of this act, as if it had been originally vested in him under this act. 1. ins. by the a.o. no. 2 .

section 31.. of the official trusteers act : division. of presidency into provinces. rep. by the adaptation of laws order, .

section 32a. of the official trusteers act : 132a. saving. 21 the amendments of this act which come into force on 3the 26th day of january, , shall not affect any legal proceedings pending in any court on that date or be construed as automatically transferring any property from any official trustee to any other official trustee: but nothing in this section shall be construed as preventing a transfer of any such property in accordance with any of the other provisions of this act. 42 the amendments of this act, which come into force on the 26th day of january, , shall not affect any legal proceeding arising out of the application of this act to any person in a part b state and pending in any court on the said date or the administration of any property or estate of any such person which was immediately before that date vested in an official trustee under this act, and the provisions of this act shall, notwithstanding the said amendments, continue to apply with necessary modifications, in relation to such proceedings or such property or estate, as the case may be. 1. ins. by the a.o. . 2. renumbered as subsection 1 by the a.o. . 3. subs., ibid., for the commencement of part iii of the government of india act, .. 4. added, ibid

section 33.. of the official trusteers act : repeals. rep. by the repealing act, 12 of , s. 2 and schedule.

section 8. of the indian post office act : show related subordinates the central government may, by rule, a require the prepayment of postage on inland postal articles or any class of inland postal articles, and prescribe the manner in which prepayment shall be made b prescribe the postage to be charged on inland postal articles when the postage is not prepaid or is insufficiently prepaid c provide for the redirection of postal articles and the transmission by post of articles so redirected, either free of charge or subject to such further charge as may be specified in the rules and d prescribe the fees to be charged for the express delivery of postal articles, in addition to, or instead of, any other postage chargeable thereon under this act. explanation.express delivery means delivery by a special messenger or conveyance.

section 9. of the indian post office act : show related subordinates 1 the central government may make rules providing for the registration of newspapers for transmission by inland post as registered newspapers. 2 for the purpose of such registration, every publication, consisting wholly or in great part of political or other news, or of articles relating thereto or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely: a that it is published in numbers at intervals of not more than thirtyone days and b that it has a bona fide list of subscribers. 3 an extra or supplement to a newspaper, bearing the same date as the newspaper and transmitted therewith, shall be deemed to be part of the newspaper: provided that no such extra or supplement shall be so deemed unless it consists wholly or in great part of matter like that of the newspaper and has the title and date of publication of the newspaper printed at the top of each page. explanation.nothing in this section or in the rules there under shall be construed to render it compulsory to send newspapers by the inland post.

section 2. of the indian post office act : in this act, unless there is anything repugnant in the subject or context, a the expression director general means the director general of 1posts and telegraphs b the expression inland, used in relation to a postal article, means i posted in 2india and addressed to any place in 2india or to any place for which a post office is established by the 3central government 4 beyond the limits of 5india or ii posted at any post office established by the 3central government 4 beyond the limits of 2india and addressed to any place for which any such post office is established or to any place in 2india: 5provided that the expression inland shall not apply to any class of postal articles which may be specified in this behalf by the central government by notification in the official gazette, when posted in or at or addressed to any places of post offices which may be described in such notification c the expression mail bag includes a bag, box, parcel or any other envelope or covering in which postal articles in course of transmission by post are conveyed, whether it does or does not contain any such article d the expression mail ship means a ship employed for carrying mails, pursuant to contract or continuing arrangement, by the central government or her majestys government or the government of any british possession or foreign country e the expression officer of the post office includes any person employed in any business of the post office or on behalf of the post office f the expression postage means the duty chargeable for the transmission by post of postal articles g the expression postage stamp means any stamp provided by the central government for denoting postage or other fees or sums payable in respect of postal articles under this act, and includes adhesive postage stamps and stamps printed, embossed, impressed or otherwise indicated on any envelope, wrapper, postcard or other article h the expression post office includes every house, building, room, carriage or place used for the purposes of the post office, and every letterbox provided by the post office for the reception of postal articles i the expression postal article includes a letter, postcard, newspaper, book, pattern or sample packet, parcel and every article or thing transmissible by post j the expression post master general includes a deputy post master general or other officer exercising the powers of a post master general and k the expression post office means the department, 6established for the purposes of carrying the provisions of this act into effect and presided over by the director general. 7 1. subs. by act 14 of , s. 3, for the post office of india. 2. subs. by act 25 of , s. 11 and the fourth schedule, for the states. 3. subs. by the a.o. , for the g.g. in c.. 4. the words or the crown representative omitted by the a.o. . 5. ins. by act 2 of , s. 2. 6. ins. by act 14 of , s. 3. 7. clause l omitted by act 25 of , s. 11 and the fourth schedule. earlier was added by the a.o. .

section 10. of the indian post office act : show related subordinates 1 where arrangements are in force with the united kingdom, or with any british possession or foreign country, for the transmission by post of postal articles between 1india and the united kingdom or such possession or country, the central government may, in conformity with the provisions of such arrangements, declare what postage rates and other sums shall be charged in respect of such postal articles, and may make rules as to the scale of weight, terms and conditions subject to which the rates so declared shall be charged. 2 unless and until such declaration as aforesaid is made, the existing rates and regulations shall continue in force. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 7. of the indian post office act : show related subordinates 1 the central government may, by notification in the official gazette, fix the rates of postage and other sums to be charged in respect of postal articles sent by the inland post under this act, and may make rules as to the scale of weights, terms and conditions subject to which the rates so fixed shall be charged: 1provided that until such notification is issued, the rates set forth in the first schedule shall be the rates chargeable under this act. 2 3 the central government may, by notification in the official gazette, declare what packets may be sent by the inland post as book, pattern and sample packets within the meaning of this act. 1. subs. by act 7 of , s. 133, for the proviso w.e.f. . 2. subssection 2 omitted by s. 133, ibid. w.e.f. . rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume v

section 4. of the indian post office act : 1 wherever within 1india posts or postal communications are established by the central government, the central government shall have the exclusive privilege of conveying by post, from one place to another, all letters except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters, except in the following cases that is to say: a letters sent by a private friend in his way, journey or travel, to be delivered by him to the person to whom they are directed, without hire, reward or other profit or advantages for receiving, carrying or delivering them b letters solely concerning the affairs of the sender or receiver thereof, sent by a messenger on purpose and c letters solely concerning goods or property, sent either by sea or by land to be delivered with the goods or property which the letters concern, without hire, reward or other profit or advantage for receiving, carrying or delivering them: provided that nothing in this section shall authorise any person to make a collection of letters expected as aforesaid for the purpose of sending them otherwise than by post. 2 for the purposes of this section and section 5, the expression letters includes postcards. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 5. of the indian post office act : show related subordinates wherever within 1india posts or postal communications are established by the central government, the following persons are expressly forbidden to collect, carry, tenderer deliver letters, or to receive letters for the purpose of carrying or delivering them, although they obtain no hire, reward or other profit or advantage for so doing, that is to say: a common carriers of passengers or goods, and their servants or agents, except as regards letters solely concerning goods in their carts or carriages and b owners and masters of vessels sailing or passing on any river or canal in 1india, or between any ports or places in 1india, and their servants or agents, except as regards letters solely concerning goods on board, and except as regards postal articles received for conveyance under chapter viii. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states. rules yeardescriptionfiles ipo rules,

section 3. of the indian post office act : show related subordinates for the purposes of this act a a postal article shall be deemed to be in course of transmission by the post from the time of its being delivered to a post office to the time of its being delivered to the addressee or of its being returned to the sender or otherwise disposed of under chapter vii b the delivery of a postal article of any description to a postman or other person authorised to receive postal articles of that description for the post shall be deemed to be a delivery to a post office and c the delivery of a postal article at the house or office of the addressee, or to the addressee or his servant or agent or other person considered to be authorised to receive the article according to the usual manner of delivering postal articles to the addressee, shall be deemed to be delivery to the addressee. rules yeardescriptionfiles ipo rules,

section 1. of the indian post office act : show related subordinates 1 this act may be called the indian post office act, . 12 it extends to the whole of india 2 and it applies also to all citizens of india outside india. 3 it shall come into force on the first day of july, . 1. subs. by the a.o. . 2. the words except part b states omitted by act 25 of , s. 11 and the fourth schedule. orders yeardescriptionfiles the delivery of postal articles order,

section 6. of the indian post office act : the 10government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms by undertaken by the central government as hereinafter provided and no officer of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default. 1. subs. by the a.o. , for crown which was subs. by the a.o. , for the secretary of state for india in council.

section 18. of the indian post office act : show related subordinates 1 the central government may, by rule, provide for the redelivery to the sender, without reference to the consent of the addressee and subject to such conditions if any, as may be deemed fit, of any postal article in course of transmission by post. 2 save as provided by any rules that may be made under subsection 1, the sender shall not be entitled to recall a postal article in course of transmission by post.

section 17. of the indian post office act : show related subordinates 11 postage stamps provided under section 16 shall be deemed to be stamps issued by government for the purpose of revenue within the meaning of the indian penal code 45 of and, subject to the other provisions of this act, shall be used for the prepayment of postage or other sums chargeable under this act in respect of postal articles, except where the central government directs that prepayment shall be made in some other way. 22 where the central government has directed that prepayment of postage or other sums chargeable under this act in respect of postal articles may be made by prepaying the value denoted by the impressions of stamping machines issued under its authority, the impression of any such machine shall likewise be deemed to be a stamp issued by government for the purpose of revenue, within the meaning of the indian penal code 45 of . 1. section 17 renumbered as subsection 1 thereof by act 16 of , s. 2. 2. ins. by s. 2, ibid.

section 11. of the indian post office act : show related subordinates 1 the addressee of a postal article on which postage or any other sum chargeable under this act is due, shall be bound to pay the postage or sum so chargeable on his accepting delivery of the postal article, unless he forthwith returns it unopened: provided that, if any such postal article appears to the satisfaction of the post master general to have been maliciously sent for the purpose of annoying the addressee, he may remit the postage. 2 if any postal article on which postage or any other sum chargeable under this act is due, is refused or returned as aforesaid, or if the addressee is dead or cannot be found, then the sender shall be bound to pay the postage or sum due thereon under this act. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume v

section 12. of the indian post office act : show related subordinates if any person refuses to pay any postage or other sum due from him under this act in respect of any postal article, the sum so due may, on application made by an officer of the post office authorised in this behalf by the written order of the post master general, be recovered for the use of the post office from the person so refusing, as if it were a fine imposed under this act, by any magistrate having jurisdiction where that person may for the time being be resident and the post master general may further direct that any other postal article, not being on 1government service, addressed to that person shall be withheld from him until the sum so due is paid or recovered as aforesaid. 1. subs. by the a.o. , for her majestys. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume v

section 13. of the indian post office act : show related subordinates when a postal article, on which any duty of customs is payable, has been received by post from any place beyond the limits of 1india, and the duly has been paid by the postal authorities at any customsport or elsewhere, the amount of the duty shall be recoverable as if it were postage due under this act. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 14. of the indian post office act : show related subordinates in every proceeding for the recovery of any postage or other sum alleged to be due under this act in respect of a postal article, a the production of the postal article, having thereon the official mark of the post office denoting that the article has been refused, or that the addressee is dead or cannot be found, shall be prima facie evidence of the fact so denoted, and b the person from whom the postal article purports to have come, shall, until the contrary is proved, be deemed to be the sender thereof.

section 19. of the indian post office act : show related subordinates 1 except as otherwise provided by rule and subject to such conditions as may be prescribed thereby, no person shall send by post any explosive, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly protected, or any living creature which is either noxious or likely to injure postal articles in course of transmission by post or any officer of the post office. 2 no person shall send by post any article or thing which is likely to injure postal articles in course of transmission by post or any officer of the post office.

section 15. of the indian post office act : show related subordinates the official mark on a postal article denoting that any postage or other sum is due in respect thereof to the post office of 1india or to the post office of the united kingdom or of any british possession or foreign country, shall be prima facie evidence that the sum denoted as aforesaid is so due. 1. subs. by the a.o. , for her majestys.

section 16. of the indian post office act : show related subordinates 1 the central government shall cause postage stamps to be provided of such kinds and denoting such values as it may think necessary for the purposes of this act. 2 the central government may make rules as to the supply, sale and use of postage stamps. 3 in particular and without prejudice to the generality of the foregoing power, such rules may a fix the price at which postage stamps shall be sold b declare the classes of postal articles in respect of which postage stamps shall be used for the payment of postage or other sums chargeable under this act c prescribe the conditions with regard to perforation, defacement and all other matters subject to which postage stamps may be accepted or refused in payment of postage or other sums d regulate the custody, supply and sale of postage stamps e declare the persons by whom and the terms and conditions subject to which postage stamps may be sold and f prescribe the duties and remuneration of persons selling postage stamps.

section 25. of the indian post office act : show related subordinates where a notification has been published under section 19 of the sea customs act, 8 of , in respect of any goods of any specified description 1or where the import or export into or from 2india of goods of any specified description has been prohibited or restricted by or under any other enactment for the time being in force, any officer of the post office empowered in this behalf by the central government may search, or cause search to be made, for any such goods in course of transmission by post, and shall deliver 3all postal articles reasonably believed or found to contain such goods to such officer as the central government may appoint in this behalf, and such goods may be disposed of in such manner as the central government may direct 4in carrying out any such search, such officer of the post office may open or unfasten, or cause to be opened or unfastened, any newspaper or any book, pattern or sample packet in course of transmission by post. 1. ins. by act 2 of , s. 40 and schedule ii. 2. subs. by act 25 of , s. 11 and the fourth schedule, for the states. 3. subs. by act 3 of , s. 5, for all such goods found. 4. ins. by act 3 of , s. 5.

section 19a., relating to unauthorised lotteries prohibited. of the indian post office act : show related subordinates 119a. transmission by post of tickets, proposals, etc., relating to unauthorised lotteries prohibited.no person shall send by post, a any ticket, proposal or advertisement relating to a lottery or b any other matter descriptive of, or otherwise relating to, a lottery, which is calculated to act as an inducement to persons to participate in that lottery. explanation.in this section lottery does not include a lottery organised or authorised by the government. 1. ins. by act 7 of , s. 2.

section 20., prohibited. of the indian post office act : show related subordinates no person shall send by post a any indecent or obscene printing, painting, photograph, lithograph, engraving, book or card, or any other indecent or obscene article, or b any postal article having thereon, or on the cover thereof, any words, marks or designs of an indecent, obscene, seditious, scurrilous, threatening or grossly offensive character.

section 21. of the indian post office act : show related subordinates 11 the central government may make rules as to the transmission of articles by post. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a specify articles which may not be transmitted by post b prescribe conditions on which articles may be transmitted by post c provide for the detention and disposal of articles in course of transmission by post in contravention of rules made under clause a or clause b d provide for the granting of receipts for, and the granting and obtaining of certificates of, posting and delivery of postal articles and the sums to be paid, in addition to any other postage, for such receipts and certificates and e regulate covers, forms, dimensions, maximum weights, and enclosures, and the use of postal articles, other than setters, for making communications. 3 postal articles shall be posted and delivered at such times and in such manner as the director general may, by order, from time to time, appoint. 1. subs. by act 3 of , s. 2, for subsections 1 and 2.

section 24a. of the indian post office act : show related subordinates 124a. power to deliver such articles to customs authority.the central government may, by general or special order, empower any officer of the post office, specified in such order, to deliver postal article, received from beyond the limits of 2india and suspected to contain anything liable to duty, to such customs authority as may be specified in the said order, and such customs authority shall deal with such article in accordance with the provisions of the sea customs act, 8 of 3 , or of any other law for the time being in force. 1. ins. by s. 3, ibid. 2. subs. by act 25 of , s. 11 and the fourth schedule, for the states. 3. see now the customs act, . rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume vi parti foreign post manual

section 23. of the indian post office act : show related subordinates 1 any postal article sent by post in contravention of any of the provisions of this act may be detained and either returned to the sender or forwarded to destination, in each case charged with such additional postage if any, as the central government may, by rule, direct. 2 any officer in charge of a post office or authorised by the post master general in this behalf may open or unfasten any newspaper or any book, pattern or sample packet, in course of transmission by post, which he suspects to have been sent by post in contravention of 1section 20, clause a, or of section 21 or of any of the provisions of this act relating to postage. 3 notwithstanding anything in subsection 1 a any postal article sent by post in contravention of the provisions of section 19 2or section 19a may, under the authority of the post master general, if necessary, be opened and destroyed and 3b any postal article sent by post in contravention of the provisions of section 20 may be disposed of in such manner as the central government may, by rule, direct. 1. ins. by act 3 of , s. 3. 2. ins. by act 7 of , s. 3. 3. subs. by act 3 of , s. 3, for clause b. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume vi parti foreign post manual

section 22. of the indian post office act : show related subordinates 1 where the dispatch or delivery from a post office of letters would be delayed by the dispatch or delivery therefrom at the same time of book, pattern or sample packets and parcels, or any of them, such packets or parcels, or any of them, may, subject to such rules as the central government may make in this behalf, be detained in the post office so long as may be necessary. 2 where separate parcel posts are established, parcels may be forwarded and conveyed by them, being detained, if necessary, in the post office for that purpose.

section 24. of the indian post office act : show related subordinates 1 except as otherwise provided in this act, where a postal article suspected to contain any goods of which the import by post or the transmission by post is prohibited by or under any enactment for the time being in force, or anything liable to duty, is received for delivery at a post office, the officer in charge of the post office shall send a notice in writing to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office, and shall in the presence of the addressee or his agent, or if the addressee or his agent fails to attend as aforesaid then in his absence, open and examine the postal article: provided, first, that, if the director general so directs in the case of any post office or class of post offices, the officer in charge of the post office shall call in two respectable persons as witnesses before he opens a postal article in the absence of the addressee or his agent: provided, secondly, that in all cases a postal article, after being opened under this section, shall be delivered to the addressee, unless it is required for the purpose of any further proceeding under this or any other law or enactment for the time being in force, and that the opening of the postal article and the circumstances connected therewith shall be immediately reported to the post master general. 2 1. subs. by s. 4, ibid., for where a postal article, suspected to contain any contraband goods. 2. the proviso omitted by act 15 of , s. 2.

section 27a. of the indian post office act : show related subordinates 127a. prohibition of transmission by post of certain newspapers.no newspaper printed and published in 2india without conforming to the rules laid down in the press, and registration of books act, 25 of , shall be transmitted by post. 1. ins. by act 14 of , s. 6 and the fourth schedule. 2. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 27b. of the indian post office act : show related subordinates 127b. power to detain newspapers and other articles being transmitted by post.1 any officer of the post office authorised by the post master general in this behalf may detain any postal article in course of transmission by post which he suspects to contain a i any newspaper or book as defined in the press and registration of books act, 25 of or ii any document containing any seditious matter, that is to say, any matter the publication of which is punishable under section 124a of the indian penal code 45 of or b any newspaper as defined in the press and registration of books act, 25 of , edited, printed or published otherwise than inconformity with the rules laid down in this act and shall deliver any postal article so detained to such officer as the state government may appoint in this behalf. 2 any officer detaining any postal article under the provisions of subsection 1 shall forthwith send by post to the addressee of such article, notice of the fact of such detention. 3 the state government shall cause the contents of any postal article detained under subsection 1 to be examined, and, if it appears to the state government that the article contained any newspaper, book or other document, of the nature described in clause a or clause b of subsection 1, may pass such orders as to the disposal of the article and its contents as it may deem proper, and, if it does not so appear, shall release the article and it contents, unless the same be otherwise liable to seizure under any law for the time being in force: provided that any person interested in any article detained under the provisions of clause a of subsection 1 may, within two months from the date of such detention, apply to the state government for release of the same, and the state government shall consider such application and pass such orders thereon as it may deem to be proper: provided also that, if such application is rejected, the applicant may, within two months from the date of the order rejecting the application, apply to the high court for release of the article and its contents on the ground that the article did not contain any newspaper, book or other document containing any seditious mailer. 4 in this section document includes also any painting, drawing or photograph, or other visible representation. 1. ins. by act 14 of , s. 6 and the fourth schedule.

section 26. of the indian post office act : show related subordinates 1 on the occurrence of any public emergency, or in the interest of the public safety or tranquility, the central government, or a state government, or any officer specially authorized in this behalf 1by the central or the state government, may, by order in writing direct that any postal article or class or description of postal articles in course of transmission by post shall be intercepted or detained, or 2shall be disposed of in such manner as the authority issuing the order may direct. 2 if any doubt arises as to the existence of a public emergency, or as to whether any act done under subsection 1 was in the interest of the public safety or tranquility, a certificate 3of the central government or, as the case may be, of the state government shall be conclusive proof on the point. 1. subs. by the a.o. , for by the governor general in council. 2. subs. by act 3 of , s. 6, for shall be delivered to the government or to an officer thereof mentioned in the order, to be disposed of in such manner as the governor general in council may direct. 3. subs. by a.o. , for singed by a secretary to the g. of i. or to the l.g..

section 27. of the indian post office act : show related subordinates 1 where a postal article is received by post from any place beyond the limits of 1india a bearing a fictitious postage stamp, that is to say any facsimile or imitation or representation of a postage stamp, or b purporting to be prepaid with any postage stamp which has been previously used to prepay any other postal article, the officer in charge of the post office at which the postal article is received, shall send a notice to the addressee inviting him to attend, either in person or by agent, within a specified time at the post office to receive delivery of the postal article. 2 if the addressee or his agent attends at the post office within the time specified in the notice and consents to make known to the officerincharge of the post office the name and address of the sender of the postal article and to redeliver to the officer aforesaid the portion of the postal article which bears the address and the fictitious or previously used postage stamp, or, if the postal article is inseparable from the stamp, the entire postal article, the postal article shall be delivered to the addressee or his agent. 3 if the addressee or his agent fails to attend at the post office within the time specified in the notice, or, having attended within that time, refuses to make known the name and address of the sender or to redeliver the postal article or portion thereof as required by subsection 2, the postal article shall not be delivered to him, but shall be disposed of in such manner as the central government may direct. explanation.for the purposes of this section, the expression postage stamp includes any postage stamp for denoting any rate or duty of postage of any part of 2india or of his majestys dominions or foreign country 3and the impression of any stamping machine provided or authorised for the like purpose purpose to by or under the authority of the government of such 4part or country. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states. 2. subs. by the a.o. , for her majestys dominions or of any indian state. 3. ins. by act 16 of , s. 3. 4. subs. by the a.o. , for part, state or country

section 33. of the indian post office act : show related subordinates subject to such conditions and restrictions as the central government may, by rule, prescribe 1the central government shall be liable to pay compensation, not exceeding the amount for which a postal article has been insured, to the sender thereof for the loss of the postal article or its contents, or for any damage caused to it in course of transmission by post: provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the damage caused. 1. subs. by the a.o. for the secretary of state for india in council.

section 27c. of the indian post office act : show related subordinates 127c. procedure for disposal by high court of applications for release of newspapers and articles so detained.every application made under the second proviso to subsection 3 of section 27b shall be heard and determined in the manner provided by sections 99d to 99f of the code of criminal procedure, 5 of , by a special bench of the high court constituted in the manner provided by section 99c of that code. 1. ins. by act 14 of , s. 6 and the fourth schedule. regulations yeardescriptionfiles postal manual volume vi parti foreign post manual

section 32. of the indian post office act : show related subordinates 1 the central government may make rules as to the insurance of postal articles. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a declare what classes of postal articles may be insured under section 30 b fix the limit of the amount for which postal articles may be insured and c prescribe the manner in which the fees for insurance shall be paid. 3 postal articles made over to the post office for the purpose of being insured, shall be delivered, when insured, at such places and times and in such manner as the director general may, by order, from time to time, appoint.

section 31. of the indian post office act : show related subordinates the central government may, by notification in the official gazette, declare in what cases insurance shall be required, and direct that any postal article containing anything required to be insured, which has been posted without being insured, shall be returned to the sender or shall be delivered to the addressee, subject to the payment of such special fee as may be fixed by the notification: provided that the levy of such special fee as aforesaid shall not impose any liability upon 1the central government 2 in respect of the postal article. 1. subs. by the a.o. , for the secretary of state for india in council. 2. the words or the secretary of state omitted by the a.o. .

section 27d. of the indian post office act : show related subordinates 127d. jurisdiction barred.no order passed or action taken under section 27b shall be called in question in any court otherwise than in accordance with the second proviso to subsection 3 of that section. 1. ins. by act 14 of , s. 6 and the fourth schedule. regulations yeardescriptionfiles postal manual volume vi parti foreign post manual

section 28. of the indian post office act : show related subordinates the sender of a postal article may, subject to the other provisions of this act, have the article registered at the post office at which it is posted, and require a receipt therefore and the central government may, by notification in the official gazette, direct that, in addition to any postage chargeable under this act, such further fee as may be fixed by the notification shall be paid on account of the registration of post at articles. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume vi parti postal manual volume v foreign post manual

section 29. of the indian post office act : show related subordinates 1 the central government may make rules as to the registration of postal articles. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a declare in what cases registration shall be required b prescribe the manner in which the fees for registration shall be paid and c direct that twice the fee for registration shall be levied on the delivery of a postal article required to be registered on which the fee for registration has not been prepaid. 3 postal articles made over to the post office for the purpose of being registered, shall be delivered, when registered, at such times and in such manner as the director general may, by order, from time to time appoint. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume vi parti postal manual volume v foreign post manual

section 30. of the indian post office act : show related subordinates the central government may, by notification in the official gazette direct a that any postal article may, subject to the other provisions of this act, be insured at the post office at which it is posted, against the risk of loss or damage in course of transmission by post, and that a receipt therefore shall be granted to the person posting it and b that, in addition to any postage and fees for registration chargeable under this act, such further fee as may be fixed by the notification shall be paid on account of the insurance of postal articles.

section 34. of the indian post office act : show related subordinates the central government may, by notification in the official gazette, direct that, subject to the other provisions of this act and to the payment of fees at such rates as may be fixed by the notification, a sum of money specified in writing at the time of posting by the sender of a postal article shall be recoverable on the delivery thereof from the addressee, and that the sum, so recovered, shall be paid to the sender: provided that 1the central government shall not incur any liability in respect of the sum specified for recovery, unless and until that sum has been received from the addressee. explanation.postal articles sent in accordance with the provisions of this section may be described as valuepayable postal articles. 1. subs. by the a.o. , for neither the central government nor the secretary of state shall which was substituted by the a.o. , for the secretary of state of india in council shall not.

section 35. of the indian post office act : show related subordinates 1 the central government may make rules as to the transmission by post of valuepayable postal articles. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a declare what classes of postal articles may be sent as valuepayable postal articles. b direct that no postal article shall be so sent unless the sender declares that it is sent in execution of a bona fide order received by him c limit the value to be recovered on the delivery of any valuepayable postal article 2 d prescribe the form of declaration to be made by the senders of valuepayable postal articles, and the time and manner of the payment of fees 3e provide for the retention and repayment to the addressee in cases of fraud of money recovered on the delivery of any valuepayable postal article and f prescribe the fees to be charged far inquiries into complaints regarding the delivery of or payment for valuepayable postal articles. 3 postal articles shall be made over to the post office for the purpose of being sent as valuepayable and shall be delivered, when so sent, at such times and in such manner as the director general may, by order, from time to time, appoint. 34 no suit or other legal proceeding shall be instituted against 1the central government 4 or any officer of the post office in respect of anything done, or in good faith purporting to be done, under any rule made under clause e of subsection 2. 1. subs. by the a.o. for the secretary of state for india in council. 2. the word and omitted by act 3 of , s. 7. 3. ins. by s. 7, ibid. 4. the words the secretary of state omitted by the a.o. .

section 41. of the indian post office act : show related subordinates 1 the master of a ship arriving at any port in 1india shall, without delay, cause every postal article or mail bag on board which is directed to that port and is within the exclusive privilege conferred on the central government by section 4, to be delivered either at the post office at that port or to some officer of the post office authorised in this behalf by the post master general. 2 if there is on board any postal article or mail bag which is directed to any other place within 1india and is within the exclusive privilege aforesaid, the master shall, without delay, report the fact to the officer in charge of the post office at the port of arrival and act according to the directions he may receive from such officer, and the receipt of such officer shall discharge him from all further responsibility in respect of the postal articles or mail bag. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 37. of the indian post office act : show related subordinates 1 the central government may make rules as to the disposal of postal articles which for any reason cannot be delivered hereinafter referred to as undelivered postal articles. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a prescribe the period during which undelivered postal articles at a post office shall remain in that office and b provide for the publication of lists of undelivered postal articles, or of any class of undelivered postal articles. 3 every undelivered postal article, after being detained at a post office for the period prescribed by rule under the foregoing provisions of this section, shall be either forwarded, free of further charge, to the post office at which it was posted, for return to the sender, or sent to the office of the post master general. rules regulations yeardescriptionfiles ipo rules, yeardescriptionfiles postal manual volume vi parti foreign post manual

section 36. of the indian post office act : show related subordinates 1 where arrangements 1made with the united kingdom, or with any british possession, 2 3 or foreign country are in force, for the transmission by post of registered, insured or valuepayable postal articles between 4india and the united kingdom or such possession 5 6 or country, the central government may make rules to give effect to such arrangements. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the form of declaration to be made by the senders of such postal articles as aforesaid and b the fees to be charged in respect thereof. 1. subs. by the a.o. , for are in force. 2. subs., ibid., for indian state or foreign country. 3. the words and letters indian state corresponding to a part b state omitted by act 25 of , s. 11 and the fourth schedule. 4. subs. by s. 11 and the fourth schedule, ibid., for the states. 5. subs. by the a.o. for state or country. 6. the words and letter part b state omitted by act 25 of , s. 11 and the fourth schedule.

section 38. of the indian post office act : show related subordinates 1 every postal article received at the office of the post master general under subsection 3 of section 37 shall be dealt with as follows: a if practicable, it shall be redirected and forwarded by post to the addressee or b if it cannot be redirected and forwarded as aforesaid, it shall be opened by some officer, appointed by the post master general in this behalf and bound to secrecy, in order to ascertain the name and address of the sender. 2 if the name and address of the sender are so ascertained, it shall be returned by post to the sender, free of further charge or subject to such further charge as the central government may, by rule, direct.

section 44. of the indian post office act : show related subordinates 1 subject to such conditions as the central government may, by rules made under section 43, prescribe in respect of the levy of additional rates of commission or fees or any other matters, a person remitting money through the post office by means of a money order may require that the amount of the order, if not paid to the payee, be repaid to him, or be paid to such person other than the original payee as he may direct. 2 if neither the payee nor the remitter of a money order can be found, and if within the period of one year from the date of issue of the order no claim is made by such payee or remitter, the amount of such order shall not be claimable from the government.

section 39. of the indian post office act : show related subordinates undelivered postal articles which cannot be disposed of under the foregoing provisions, shall be detained in the office of the post master general for such further period if any, and shall be dealt with in such manner, as the central government may, by rule, direct: provided that a letters and postcards shall be destroyed b money or saleable property, not being of a perishable nature, found in any undelivered postal article, shall be detained for a period of one year in the office of the post master general, and, if on the expiration of that period no person has established his right thereto, shall, if money, be credited to the post office and, if saleable property, be sold, the saleproceeds being credited to the post office.

section 40. of the indian post office act : show related subordinates the master of ship, not being a mail ship, about to depart from any port in 1india to any port within, or any port or place beyond, 1india, shall receive on board any mail bag tendered to him by any officer of the post office for conveyance, granting a receipt there for in such form as the central government may, by rule, prescribe, and shall, without delay, deliver the same at the port or place of destination. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 42. of the indian post office act : show related subordinates the central government may, by notification in the official gazette, declare what gratuities shall be allowed to masters of ships, not being mail ships, in respect of postal articles received by them for conveyance on behalf of the post office and the master of a ship, not being a mail ship, about to leave any port in 1india as aforesaid shall, if he receives on board a mail bag for conveyance, be entitled to demand and obtain immediately the amount of the gratuity payable under this section in respect of the mail bag and its contents. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 43. of the indian post office act : show related subordinates 1 the central government may provide for the remitting of small sums of money through the post office by means of money orders, and may make rules as to such money orders. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the limit of amount for which money orders may be issued b the period during which money orders shall remain current and c the rates of commission or the fees to be charged on money orders or in respect thereof.

section 48. of the indian post office act : show related subordinates no suit or other legal proceeding shall be instituted against 1the government or any officer of the post office in respect of a anything done under any rules made by the central government under this chapter or b the wrong payment of a money order caused by incorrect or incomplete information given by the remitter as to the name and address of the payee, provided that, as regards incomplete information, there was reasonable justification for accepting the information as a sufficient description for the purpose of identifying the payee or c the payment of any money order being refused or delayed by, or on account of, any accidental neglect, omission or mistake, by, or on the part of, an officer of the post office, or for any other cause whatsoever, other than the fraud or willful act or default of such officer or d any wrong payment of a money order after the expiration of one year from the date of the issue of the order 2or e any wrong payment or delay in payment of a money order beyond the limits of 3india by an officer of any post office, not being one established by the central government. 1. subs. by the a.o. , for the crown which had been subs. titled by the a.o. , for the secretary of state for india in council. 2. ins. by act 3 of , s. 8. 3. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 52. of the indian post office act : show related subordinates whoever, being an officer of the post office, commits theft in respect of, or dishonestly misappropriates, or, for any purpose whatsoever, secretes, destroys or throws away, any postal article in course of transmission by post or anything contained therein, shall be punishable with imprisonment for a term which may extend to seven years, and shall also be punishable with fine.

section 46. of the indian post office act : show related subordinates 1 where arrangements 1made with the united kingdom, or with any british possession 2 3 or foreign country are in force, for the issue and payment through the post office of money orders between 4india and the united kingdom or such possession, 5 6 or country, the central government may make rules to give effect to such arrangements. 2 in particular and without prejudice to the generality of the foregoing power, such rules may prescribe a the manner in which, and the conditions subject to which, such orders may be issued and paid in 4india and b the rates of commission to be charged thereon. 1. subs. by the a.o. , for are in force. 2. subs., ibid., indian state or foreign country. 3. the words and letter indian state corresponding to a part b state omitted by act 25 of , s. 11 and the fourth schedule. 4. subs. by s. 11 and the fourth schedule, ibid., for the states. 5. subs. by the a.o. , for state or country. 6. the words and letter part b state omitted by act 25 of , s. 11 and the fourth schedule.

section 47. of the indian post office act : show related subordinates if any person, without reasonable excuse, the burden of proving which shall lie on him, neglects or refuses to refund a any amount paid to him in respect of a money order by an officer of the post office in excess of what ought to have been paid to him in respect thereof, or b the amount of a money order paid by an officer of the post office to him instead of to some other person to whom it ought to have been paid, such amount shall be recoverable by an officer of the post office authorised by the post master general in this behalf from the person so neglecting or refusing as if it were an arrear of land revenue due from him.1 1. see the revenue recovery act, 1 of .

section 45. of the indian post office act : show related subordinates 11 the central government may authorise the issue, in such form as may be suitable, of money orders, to be called postal orders or by such other designation as may be deemed appropriate, for certain fixed amounts, and may make rules as to the rates of commission to be charged thereon and the manner in which, and conditions subject to which, they may be issued, paid and cancelled. 2 32 the central government may also make rules prescribing the maximum limit of amount up to which postal orders may be issued from time to time. 1. section 45 renumbered as subsection 1 thereof by act 34 of , s. 2. 2. the proviso omitted by act 34 of , s. 2. 3. ins. by s. 2, ibid.

section 49. of the indian post office act : show related subordinates whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post, a is in a state of intoxication while so employed, or b is guilty of carelessness or other misconduct, whereby the safety of any such mail bag or postal article as aforesaid is endangered, or c loiters or makes delay in the conveyance or delivery of any such mail bag or postal article as aforesaid, or d does not use due care and diligence safely to convey or deliver any such mail bag or postal article as aforesaid, shall be punishable with fine which may extend to fifty rupees.

section 50. of the indian post office act : show related subordinates whoever, being employed to carry or deliver any mail bag or any postal article in course of transmission by post, voluntarily withdraws from the duties of his office without permission or without having given one months previous notice in writing, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to fifty rupees, or with both.

section 51. of the indian post office act : show related subordinates whoever, being employed to carry or deliver any postal article in course of transmission by post and required while so employed to keep any register, makes, or causes or suffers to be made, any false entry in the register with intent to induce the belief that he has visited a place, or delivered a postal article, which he has not visited or delivered, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one hundred rupees, or with both.

section 60. of the indian post office act : show related subordinates whoever, being appointed to sell postage stamps, a takes from any purchaser for any postage stamp or quantity of postage stamps a price higher than that fixed by any rule made under section 16, subsection 3, clause a, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both or b commits a breach of any other rule made under section 16, shall be punishable with fine which may extend to two hundred rupees.

section 53. of the indian post office act : show related subordinates whoever, being an officer of the post office, contrary to his duty, opens, or causes or suffers to be opened, any postal article in course of transmission by post, or willfully detains or delays, or causes or suffers to be detained or delayed, any such postal article, shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both: provided that nothing in this section shall extend to the opening, detaining or delaying of any postal article under the authority of this act or in obedience to the order in writing of the central government or the direction of a competent court.

section 54. of the indian post office act : show related subordinates whoever, being an officer of the post office, a fraudulently puts any wrong official mark on a postal article, or b fraudulently alters, removes or causes to disappear an official mark which is on a postal article, or c being entrusted with the delivery of any postal article, knowingly demands or receives any sum of money in respect of the postage thereof which is not chargeable under this act, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

section 59. of the indian post office act : show related subordinates 1 whoever, in contravention of the provisions of section 5, carries, receives, tenders or delivers letters, or collects letters, shall be punishable with fine which may extend to fifty rupees for every such letter. 2 whoever, having already been convicted of an offence under this section, is again convicted thereunder, shall, on every such subsequent conviction, be punishable with fine which may extend to five hundred rupees.

section 55. of the indian post office act : show related subordinates whoever, being an officer of the post office entrusted with the preparing or keeping of any document, fraudulently prepares the document incorrectly, or alters or secretes or destroys the document, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

section 61. of the indian post office act : show related subordinates 1 whoever, in contravention of the provisions of section 19 1or section 19a or section 20, sends or tenders or makes over in order to be sent by post any postal article or anything, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 2 the detention in the post office of any postal article on the ground of its having been sent in contravention of the provisions of section 19 1or section 19a or section 20, shall not exempt the sender from any proceedings which might have been taken if the postal article had been delivered in due course of post. 1. ins. by act 7 of , s. 4.

section 56. of the indian post office act : show related subordinates whoever, being an officer of the post office, sends by post, or puts into any mail bag, any postal article upon which postage has not been paid or charged in the manner prescribed by this act, intending thereby to defraud the government of the postage on such postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

section 63. of the indian post office act : show related subordinates whoever, without due authority, affixes any placard, advertisement, notice, list, document board or other thing in or on, or paints, tars or in any way disfigures any post office or any letterbox provided by the post office for the reception of postal articles, shall be punishable with fine which may extend to fifty rupees.

section 57.. of the indian post office act : show related subordinates punishment of offences committed in a tribal area, acceding state or other indian state. omitted by the finance act, 25 of , s. 11 and the fourth schedule.

section 58. of the indian post office act : show related subordinates 1 whoever a conveys otherwise than by post, a letter within the exclusive privilege conferred on the central government by section 4,or b performs any service incidental to conveying, otherwise than by post, any letter within the exclusive privilege aforesaid, or c sends, or tenders or delivers in order to be sent, otherwise than by post, a letter within the exclusive privilege aforesaid, or d makes a collection of letters excepted from the exclusive privilege aforesaid for the purpose of sending them otherwise than by post, shall be punishable with fine which may extend to fifty rupees for every such letter. 2 whoever, having already been convicted of an offence under this section, is again convicted there under, shall, on every such subsequent conviction, be punishable with fine which may extend to five hundred rupees.

section 65. of the indian post office act : show related subordinates whoever, being the master of a ship, a fails to comply with the provisions of section 40, or b without reasonable excuse, the burden of proving which shall lie on him, fails to deliver any postal article or mail bag or to comply with the directions of the officer in charge of the post office at a port of arrival, as required by section 41, shall be punishable with fine which may extend to one thousand rupees.

section 68. of the indian post office act : show related subordinates whoever fraudulently retains, or willfully secretes or makes away with, or keeps or detains, or when required by an officer of the post office, neglects or refuses to deliver up, any postal article in course of transmission by post which ought to have been delivered to any other person, or a mail bag containing a postal article, shall be punishable with imprisonment for a term which may extend to two years, and shall also be punishable with fine.

section 62. of the indian post office act : show related subordinates whoever places in or against any letterbox provided by the post office for the reception of postal articles any fire, match or tight, any explosive, dangerous, filthy, noxious or deleterious substance, or any fluid, or commits a nuisance in or against any such letterbox, or does anything likely to injure any such letterbox or its appurtenances or contents, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 64. of the indian post office act : show related subordinates whoever, being required by this act to make a declaration in respect of any postal article to be sent by post or the contents or value thereof, makes in his declaration any statement which he knows, or has reason to believe, to be false, or does not believe to be true, shall be punishable with fine which may extend to two hundred rupees, and, if the false declaration is made for the purpose of defrauding the government, with fine which may extend to five hundred rupees.

section 71. of the indian post office act : show related subordinates in every prosecution for an offence in respect of a mail bag or of any postal article sent by post, it shall be sufficient, for the purpose of the charge, to describe the mail bag or postal article as being the property of the post office, and it shall not be necessary to prove that the mail bag or postal article was of any value.

section 66. of the indian post office act : show related subordinates 1 whoever, being either the master of a ship arriving at any port in 1india or any one on board, knowingly has in his baggage or in his possession or custody, after the postal articles on board or any of them have been sent to the post office at the port of arrival, any postal article within the exclusive privilege conferred on the central government by section 4, shall be punishable with fine which may extend to fifty rupees for every such postal article as aforesaid. 2 whoever, being such master or other person as aforesaid, detains any such postal article as aforesaid after demand made for it by an officer of the post office, shall be punishable with fine which may extend to one hundred rupees for every such postal article. 1. subs. by act 25 of , s. 11 and the fourth schedule, for the states.

section 67. of the indian post office act : show related subordinates whoever, except under the authority of this act 1or of any other act for the time being in force or in obedience to the order in writing of the central government or the direction of a competent court, detains the mails or any postal article in course of transmission by post, or on any pretence opens, a mail bag in course of transmission by post, shall be punishable with fine which may extend to two hundred rupees: provided that nothing in this section shall prevent the detention of an officer of the post office carrying the mails or any postal article in course of transmission by post, on a charge of having committed an offence declared to be cognizable by the code of criminal procedure, 5 of , or any other taw for the time being in force. 1. ins. by act 15 of , s. 4.

section 74. of the indian post office act : show related subordinates 1 in addition to the powers hereinbefore conferred, the central government may make rules to carry out any of the purposes of objects of this act. 2 in making any rule under this act, the central government may direct that a breach of in shall be punishable with fine which may extend to fifty rupees. 3 all rules made by the central government under this act shall be published in the official gazelle and, on such publication, shall have effect as if enacted by this act. 14 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 69. of the indian post office act : show related subordinates whoever, not being an officer of the post office, willfully and maliciously, with intent to injure any person, either opens or causes to be opened any letter which ought to have been delivered, or does any act whereby the due delivery of a letter to any person is prevented or impeded, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both: provided that nothing in this section shall apply to a person who does any act to which the section applies, if he is a parent, or in the position of a parent or guardian, of the addressee, and the addressee is a minor or a ward. regulations yeardescriptionfiles postal manual volume iii

section 70. of the indian post office act : show related subordinates whoever, abets the commission of any offence punishable under this act or attempts to commit any offence so punishable, shall be punishable with the punishment provided for that offence.

section 73. of the indian post office act : 1 the central government may make rules for tire management of any zamindari or other district posts. 2 in particular and without prejudice 10 the generality of the foregoing power, such rules may declare what portions of this act shall be applicable to zamindari and other district posts and to the persons employed in connection therewith.

section 72. of the indian post office act : show related subordinates no court shall take cognizance of an offence punishable under any of the provisions of sections 51,53,54, clauses a and b, 55,56,58,59,61,64,65,66 and 67 of this act, unless upon complaint made by order of, or under authority from, the director general or a post master general.

section 77.. of the indian post office act : saving. rep. by the repealing and amending act, 48 of , s. 2 and the first schedule.

section 76.. of the indian post office act : repeal. rep. by the repealing and amending act, 10 of , s. 3 and the second schedule.

section 75. of the indian post office act : show related subordinates the central government may, by notification in the official gazette authorise, cither absolutely or subject to conditions, the director general to exercise any of the powers conferred upon the central government by this act, oilier than a power to make rules.

section 5. of the international development association status immunities and privileges act : every notification issued under subsection 2 of section 3 and every rule made under section 4 shall be laid as soon as may be after it is issued or made before each house of parliament while it is in session for a period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree for making any modification in the notification, or as the case may be, in the rule, or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule. 1. subs. by act 20 of , s. 2 and the schedule, for certain words w.e.f. .

The International Development Association (Status, Immunities and Privileges) Act, 1960

section 4. of the international development association status immunities and privileges act : the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act.

section 1. of the international development association status immunities and privileges act : 1 this act may be called the international development association status, immunities and privileges act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 15th october, , vide notification no. s.o. a, dated 11th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the international development association status immunities and privileges act : in this act, unless the context otherwise requires, a agreement means the agreement for the establishment and operation of the international body known as the international development association b association means the international development association established under the agreement.

section 3. of the international development association status immunities and privileges act : 1 notwithstanding anything to the contrary contained in any other law, the provisions of article viii of the agreement set out in the schedule shall have the force of law in india: provided that nothing in section 9 thereof shall be construed as a entitling the association to import into india goods free of any duty of customs without any restriction on their subsequent sale therein or b conferring on the association any exemption from duties or taxes which form part of the price of goods sold or c conferring on the association any exemption from duties or taxes which are in fact no more than charges for services rendered. 2 the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein.

section 8. of the orphanages and other charitable homes supervision and control act : subject to the directions, if any, given under subsection 2 of section 7, the board may, from time to time, give such general or special directions to the manager of a recognised home as it thinks fit for the efficient management of the home and the manager shall comply with such directions.

The Orphanages and other Charitable Homes (Supervision and Control) Act, 1960

section 1. of the orphanages and other charitable homes supervision and control act : 1 this act may be called the orphanages and other charitable homes supervision and control act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force in a state on such date as the state government may, by notification in the official gazette, appoint. 1. 1. enforced on in the whole of rajasthan vide rajasthan government gazette, dated , part ivga, extraordinary, p. 529, in kerala, on vvidev kerala gazette, dated , part i. in andhra pradesh, w.e.f. vide andhra gazette, dated , part i, extraordinary, p. 1. in manipur, on vvide manipur gazette, dated , extraordinary, p. 1, no. 172. in goa, w.e.f. vide goa government gazette, dated , p. 339, sl. no. 1. in karnataka, w.e.f. vide karnataka gazette, dated , part ii, 2cii, p. 1. in maharashtra, w.r.e.f. vide maharashtra government gazette, dated , part 4a, p. 3. in orissa, w.e.f. vide orissa gazette, dated , extraordinary, p. 1. in punjab w.e.f. vide punjab government gazette, dated . in tripura, w.e.f. , vide tripura gazette, dated . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the orphanages and other charitable homes supervision and control act : in this act, unless the context otherwise requires, a board means the board of control established under section 5 b certificate means the certificate of recognition granted under section 15 c child means a boy or girl who has not completed the age of eighteen years d home means an institution, whether called an orphanage, a home for neglected women or children, a widows home, or by any other name, maintained or intended to be maintained for the reception, care, protection and welfare of women or children e manager means a member of the managing committee appointed as such by the committee under section 20 f managing committee means the committee of management referred to in section 20 g recognised home means a home in respect of which a certificate has been granted h prescribed means prescribed by rules made under this act i woman means a female who has completed the age of eighteen years.

section 7. of the orphanages and other charitable homes supervision and control act : 1 it shall be the duty of the board to supervise and control generally all matters relating to the management of homes in accordance with the provisions of this act and exercise such other powers and perform such other functions as may be prescribed by or under this act. 2 in the performance of its functions under this act, the board shall be found by such directions as the state government may give to it.

section 5. of the orphanages and other charitable homes supervision and control act : 1 the state government may, by notification in the official gazette, establish a board of control for the supervision and control of homes in the state. 2 the board shall consist of the following members, namely: a three members of the state legislature to be elected by the members thereof provided that where the state legislature consist of two houses, two members shall be elected by the members of the legislative assembly from among themselves and one member shall be elected by the members of the legislative council from among themselves b five members of the managing committees in the state, to be elected by such committees from among themselves, each such committee having one vote only for this purpose c the officer in charge of social welfare work in the state, to be nominated by the state government d six members to be nominated by the state government, of whom not more than one shall be a member of parliament from the state and not less than three shall be women. 3 if for any reason the officer referred to in clause c of subsection 2 is unable to attend any meeting of the board, he may depute any officer subordinate to him to attend such meeting. 4 the chairman of the board shall be elected by the members of the board from among themselves: provided that at the time of the first constitution of the board, one of the members of the board shall be nominated by the state government to be its chairman. state amendment maharashtra amendment of section 5 of 10 of .in section 5 of the orphanages and other charitable homes supervision and control act, 10 of , in its application to the state of maharashtra hereinafter referred to as the orphanages and charitable homes act, in subsection 2, for clause a, the following clause shall be substituted, namely: a two members of the state legislative assembly nominated by the speaker of the state legislative assembly from amongst the members of the state legislative assembly and one member of the state legislative council nominated by the chairman of the state legislative council from amongst the members of the state legislative council. vide maharashtra act 4 of , s. 2.

section 9. of the orphanages and other charitable homes supervision and control act : any member of the board, or any officer of the board authorised in writing by it in this behalf, by general or special order, may enter at all reasonable times any home for the purpose of ascertaining whether the provisions of this act or of any rules, regulations, directions or orders thereunder are being complied with and may require the production, for his inspection, of any document, book, register or record kept therein and ask for any information relating to the working of the home: provided that no such member or officer shall enter any home or part thereof where there are females, except in the presence of two respectable women of the locality.

section 4. of the orphanages and other charitable homes supervision and control act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any instrument governing a recognised home.

section 10. of the orphanages and other charitable homes supervision and control act : the funds of the board shall consist of a contributions, subscriptions, donations or bequests made to it by any person and b grants made to it by the state government or any local or other public body.

section 3. of the orphanages and other charitable homes supervision and control act : nothing in this act shall apply to a any hostel or boarding house attached to, or controlled or recognised by, an educational institution or b any protective home established under the suppression of immoral traffic in women and girls act, of or c any reformatory, certified or other school, or any home or workhouse, governed by any enactment for the time being in force.

section 11. of the orphanages and other charitable homes supervision and control act : subject to such rules as may be made by the state government in this behalf, the board may, for the purpose of enabling it to perform efficiently its functions or exercise its powers under this act, appoint such officers or other employees as it may think fit and determine their functions and conditions of service.

section 6. of the orphanages and other charitable homes supervision and control act : 1 save as otherwise provided in this section, the term of office of a member of the board shall be five years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is longer: provided that the term of office of a member elected under clause a or clause b of subsection 2 of section 5, or of a member of parliament nominated under clause d of subsection 2 of section 5, shall come to an end as soon as he ceases to be a member of the house of the state legislature which elected him, the managing committee or parliament, as the case may be. 2 a member may at any time resign his office by giving notice in writing to the state government and on such resignation being notified in the official gazette by that government, the seat of such member shall become vacant. 3 a casual vacancy in the board shall be filled by fresh election or nomination, as the case may be and the term of office of a member elected or nominated to fill such vacancy shall be the remainder of the term of the member in whose place he is elected or nominated. 4 members of the board shall be eligible for reelection or renomination. 5 no act done or proceeding taken by the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board. state amendment maharashtra amendment of section 6 of 10 of .in section 6 of the orphanages and charitable homes act, in subsection 1, in the proviso, for the words, brackets and letters elected under clause a or clause b the words, brackets and letters nominated under clause a or elected under clause b shall be substituted. vide maharashtra act 4 of , s. 3.

section 12. of the orphanages and other charitable homes supervision and control act : subject to the control of the state government, the board may, by general or special order in writing and subject to such conditions and limitations, if any, as may be specified therein, delegate to the chairman or any other member or any officer thereof such of its powers and functions under this act, as it may deem necessary, for the efficient carrying on of its administration.

section 16. of the orphanages and other charitable homes supervision and control act : 1 the certificate shall specify a the name and location of the recognised home b the name of the manager thereof c the nature of the home, whether for women generally or for widows or for children generally or for orphans or for one or more of these classes d the number of inmates to be taken by the home e the minimum standards regarding boarding, lodging, clothing, sanitation, health and hygiene which, having regard to the conditions of the locality in which the recognised home is situated and its resources, should be complied with in the home f the standard of education or training to be provided for the inmates of the home, in case the education or training of its inmates is undertaken and g such other conditions and particulars as may be prescribed: provided that there shall be deemed to be included in the certificate granted in respect of a home for females a condition to the effect that the person incharge thereof, whether called superintendent or by any other name, shall ordinarily be a woman. 2 the board shall not, ordinarily, permit any recognised home to admit as inmates, persons of different sexes, but may do so for reasons to be recorded and subject to such conditions and limitations as may appear to it to be in the public interest. 3 without the previous written consent of the board, no recognised home shall a change its name or location as specified in the certificate in respect of it or b alter the purpose of any service specified therein.

section 18. of the orphanages and other charitable homes supervision and control act : any person aggrieved by an order of the board refusing to grant a certificate or revoking a certificate may, in such manner and within such period as may be prescribed, prefer an appeal to the state government or to such authority as may be specified by it against such refusal or revocation: provided that the state government or the authority so specified, as the case may be, may admit an appeal after the expiry of the period so prescribed, if it is satisfied that the applicant was prevented by sufficient cause from preferring the appeal in time.

section 14. of the orphanages and other charitable homes supervision and control act : every person desiring to maintain or conduct a home shall make an application for a certificate of recognition to the board in such form and containing such particulars as may be prescribed: provided that a person maintaining or conducting a home at the commencement of this act shall be allowed a period of three months from such commencement to make an application for such certificate.

section 20. of the orphanages and other charitable homes supervision and control act : 1 there shall be a managing committee in charge of the management of every recognised home and the members of the managing committee shall appoint a member thereof to be the manager of such home for the purposes of this act. 2 the constitution, powers and functions of the managing committee and the term of office of the members thereof shall be such as may be provided in the constitution pertaining to such home.

section 15. of the orphanages and other charitable homes supervision and control act : 1 on receipt of an application under section 14, the board after making such inquiry as it considers necessary, may, by order in writing, either grant a certificate or refuse to grant it. 2 no order refusing to grant a certificate shall be made until an opportunity is given to the applicant to be heard in the matter and where a certificate is refused, the grounds for such refusal shall be communicated to the applicant in the prescribed manner. 3 no fee shall be charged for the grant of a certificate. 4 a certificate shall not be transferable.

section 13. of the orphanages and other charitable homes supervision and control act : after the commencement of this act, no person shall maintain or conduct any home except under, and in accordance with, the conditions of a certificate of recognition granted under this act.

section 17. of the orphanages and other charitable homes supervision and control act : 1 the board may, without prejudice to any other penalty to which a person to whom a certificate has been granted may be liable under this act, revoke the certificate a if it is satisfied that the home is not being conducted in accordance with the conditions laid down in the certificate or b the management of the home is being persistently carried on in an unsatisfactory manner or is being carried on in a manner highly prejudicial to the moral and physical wellbeing of the inmates or c the home has, in the opinion of the board, otherwise rendered itself unsuitable for that purpose: provided that no order of revocation shall be made under this subsection until an opportunity is given to the person to show cause why the certificate should not be revoked and in every case of revocation, the grounds therefor shall be communicated to the person in the prescribed manner. 2 where a certificate in respect of a home is revoked under subsection 1, such home shall cease to function a where an appeal has not been preferred under section 18 against the order of revocation, immediately on the expiration of the period prescribed for such appeal b where such appeal has been preferred, but the order of revocation is upheld, from the date of the appellate order. 3 on any home ceasing to function under subsection 2, the board may direct that any woman or child who is an inmate of such home shall be a restored to the custody of her or his parent, husband or lawful guardian, as the case may be, or b transferred to another recognised home, or c entrusted to the care of any other fit person: provided that no woman shall be entrusted to the care of any person other than a woman.

section 19. of the orphanages and other charitable homes supervision and control act : 1 the manager of a home, if specially authorised in this behalf by resolution of the managing committee, may, on giving six months notice in writing to the board of his intention so to do, apply for the withdrawal of the certificate granted in respect of that home and on the expiration of the said period from the date of notice, the certificate shall, unless before that time the notice is withdrawn, cease to have effect and the home shall cease to function. 2 no woman or child shall be received into any such home after the date of such notice but nothing in this section shall be construed to affect the obligation of the manager to comply with all the requirements of this act and the rules, regulations, directions and orders thereunder until the certificate ceases to take effect under subsection 1.

section 23. of the orphanages and other charitable homes supervision and control act : the manager shall, immediately after the occurrence of any death among the inmates of the home, send a written report thereof to the board explaining the cause of death to the best of his knowledge.

section 27. of the orphanages and other charitable homes supervision and control act : no suit, prosecution or other legal proceeding shall lie against any person who performs any function under this act for anything done or intended to be done in good faith under this act or any rule, regulation direction or order thereunder.

section 21. of the orphanages and other charitable homes supervision and control act : it shall be the duty of the manager to comply with all the requirements of this act and the rules, regulations, directions and orders thereunder in respect of every woman or child admitted into the recognised home until the woman is rehabilitated or the child completes the age of eighteen years or until the certificate ceases to have effect.

section 28. of the orphanages and other charitable homes supervision and control act : 1 if, after consultation with the board, the state government is satisfied that the circumstances in relation to any class of homes or any home are such that it is necessary or expedient so to do, it may, by notification in the official gazette, and for reasons to be specified therein, exempt, subject to such conditions, restrictions or limitations, if any, as it may think fit to impose, such class of homes or home, as the case may be, from the operation of all or any of the provisions of this act or of any rule or regulation made thereunder. 2 every notification issued under this section granting an exemption shall be reviewed in consultation with the board at intervals not exceeding two years, but nothing herein contained shall affect the power of the state government to amend, vary or rescind any such notification at any time in consultation with the board.

section 29. of the orphanages and other charitable homes supervision and control act : 1 the state government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a all matters relating to, or in connection with, elections, to the board under clause b of subsection 2 of section 5 and the election of the chairman b the disqualifications for membership of the board and the procedure to be followed in removing a member who is or becomes subject to any disqualification c the funds of the board d the travelling and other allowances to be drawn by members of the board e the appointment of staff for enabling the board to perform its functions efficiently under this act and their recruitment and conditions of service f the calling of returns and other information by the state government from the board and the managing committees g the form in which an application for certificate of recognition may be made, the particulars to be contained in such application and the form in which, and the conditions subject to which, such certificate may be granted h the maintenance of registers and accounts by the board and the audit of its accounts i any other matter which is to be, or may be, prescribed. 3 all rules made under this act shall, as soon as may be after they are made, be laid before the state legislature.

section 22. of the orphanages and other charitable homes supervision and control act : 1 subject to the regulations, if any, made by the board, if the managing committee of a home is satisfied that an inmate of the home has become fit to earn his or her livelihood or is otherwise fit to be discharged from the home, the manager may discharge such inmate. 2 notwithstanding anything contained in subsection 1, no female inmate of a home shall be discharged or given in marriage or entrusted to the care of any other person unless such female has made a declaration before the board or an officer specified by it in this behalf that she consents to such discharge, marriage or entrustment, as the case may be, and, if the inmate to be given in marriage is a minor, unless the board or officer, as the case may be, has, after recording the reasons in writing, given its or his approval thereto.

section 24. of the orphanages and other charitable homes supervision and control act : any person who fails to comply with any of the provisions of this act or of any rule, regulation, direction or order thereunder or any of the conditions of a certificate shall be punishable in the case of a first offence with imprisonment which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both, and in the case of a second or subsequent offence, with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

section 25. of the orphanages and other charitable homes supervision and control act : no prosecution under this act shall be instituted except with the previous sanction of the district magistrate or the chief presidency magistrate, as the case may be.

section 26. of the orphanages and other charitable homes supervision and control act : the members of the board and every person empowered by the board to exercise any of its powers under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 30. of the orphanages and other charitable homes supervision and control act : 1 the board may, with the previous approval of the state government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, for enabling it to perform its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the time and place of the meetings of the board, the procedure to be followed in regard to the transaction of business at such meetings and the quorum necessary for the transaction of business at such meetings b the maintenance of the minutes of meetings of the board and the transmission of copies thereof to the state government c the appointment of subcommittees and local committees and of persons by the board for the purpose of assisting it in performing its functions under this act d the supervision and control of the management of recognised homes e the inspection of homes f the calling of returns and other information by the board from managing committees g the reception, care, treatment, maintenance, protection, training, welfare, instruction, control and discipline of inmates in recognised homes h visits to, and communication with, inmates of recognised homes and the grant of permission to such inmates to absent themselves for short periods i the discharge of inmates from recognised homes, their transfer from one recognised home to another and the reports to be sent by managers to the board j any other matter in respect of which provision is, in the opinion of the board, necessary for the efficient supervision and control of homes. 3 the state government may, by notification in the official gazette, amend, vary or rescind any regulation which it has approved and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the board under subsection 1.

section 31. of the orphanages and other charitable homes supervision and control act : 1 as from the date of the coming into force in any state of this act, the womens and childrens institutions licensing act, of , or any other act corresponding to this act in force in that state immediately before such commencement, shall stand repealed. 2 notwithstanding such repeal, anything done or any action taken including any direction given, any register or rule or order made or any restriction imposed under the said act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions aforesaid, as if they were in force when such thing was done or such action was taken, and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 8. of the rajasthan and madhya pradesh transfer of territories act : as from the appointed day, any act passed by the legislature of madhya pradesh before that day for the appropriation of any money out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the transferred territories, and it shall be lawful for the state government to spend any amount for those territories out of the amount authorised by such act to be expended for any services in that state.

The Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959

section 1. of the rajasthan and madhya pradesh transfer of territories act : this act may be called the rajasthan and madhya pradesh transfer of territories act, .

section 2. of the rajasthan and madhya pradesh transfer of territories act : in this act, unless the context otherwise requires, a appointed day means the 1st day of october, b assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of c sitting member, in relation to either house of parliament or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house d transferred territories means the territories specified in the first schedule and transferred from the state of rajasthan to the state of madhya pradesh by section 3.

section 7. of the rajasthan and madhya pradesh transfer of territories act : 1 as from the appointed day, a the jurisdiction of the high court of madhya pradesh shall extend to the transferred territories and b the high court of rajasthan shall have no jurisdiction in respect of the said territories. 2 if, immediately before the appointed day, there is any proceeding relatable to the transferred territories pending in the high court of rajasthan, then, notwithstanding anything contained in subsection 1, such proceeding shall be heard and disposed of by that high court. 3 any order made by the high court of rajasthan in any proceeding with respect to which that high court exercises jurisdiction by virtue of subsection 2, shall, for all purposes, have effect, not only as an order of the high court of rajasthan, but also as an order made by the high court of madhya pradesh. 4 for the purposes of this section, a proceedings shall be deemed to be pending in the high court of rajasthan until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 9. of the rajasthan and madhya pradesh transfer of territories act : 1 all land and all stores, articles and other goods in the transferred territories belonging to the state of rajasthan shall, as from the appointed day, pass to the state of madhya pradesh. explanation.in this subsection, the expression land includes immoveable property of every kind and any rights in or over such property and the expression goods does not include coins, bank notes and currency notes. 2 all rights, liabilities and obligations, whether arising out of a contract or otherwise, of the state of rajasthan in relation to the transferred territories shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the state of madhya pradesh.

section 3. of the rajasthan and madhya pradesh transfer of territories act : 1 as from the appointed day, there shall be added to the state of madhya pradesh the territories specified in the first schedule which shall thereupon cease to form part of the state of rajasthan. 2 the transferred territories shall be included in, and form part of bhanpura pargana of, mandsaur district in the state of madhya pradesh. 3 nothing in subsection 2 shall be deemed to affect the power of the state government to alter after the appointed day the name, extent or boundaries of any district in the state of madhya pradesh.

section 4. of the rajasthan and madhya pradesh transfer of territories act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states, a in the entry against 6. madhya pradesh, after the words and figures states reorganisation act, , the words, brackets and figures and the first schedule to the rajasthan and madhya pradesh transfer of territories act, shall be inserted. b in the entry against 11. rajasthan, after the words and figures states reorganisation act, , the words, brackets and figures but excluding the territories specified in the first schedule to the rajasthan and madhya pradesh transfer of territories act, shall be inserted.

section 10. of the rajasthan and madhya pradesh transfer of territories act : as from the appointed day, a the financial corporations constituted under the state financial corporations act, 63 of , for the states of rajasthan and madhya pradesh, and b the state electricity boards constituted under the electricity supply act, 54 of , for the said states, shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 3.

section 5. of the rajasthan and madhya pradesh transfer of territories act : the delimitation of parliamentary and assembly constituencies order, , and the constitution of council constituencies madhya pradesh order, , shall have effect subject to the modifications specified in the second schedule.

section 6. of the rajasthan and madhya pradesh transfer of territories act : 1 the sitting members of the house of the people representing mandsaur constituency in the state of madhya pradesh and kotah constituency in the state of rajasthan shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this act, continue to be members of the house of the people. 2 the sitting members of the legislative assemblies of madhya pradesh and rajasthan representing growth constituency and begun constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this act, continue to be members of the said assemblies.

section 12. of the rajasthan and madhya pradesh transfer of territories act : any court, tribunal or authority required or empowered to enforce any law extended to the transferred territories by section 11 may, for the purpose of facilitating its application in relation to the transferred territories, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 11. of the rajasthan and madhya pradesh transfer of territories act : all laws which immediately before the appointed day extend to, or are in force in, the mandsaur district in the state of madhya pradesh but do not extend to, or are not in force in, the transferred territories shall, as from that day, extend to, or as the case may be, come into force in, the transferred territories and all laws which, immediately before the appointed day, are in force in the transferred territories, but not in the mandsaur district in the state of madhya pradesh, shall, on that day, cease to be in force in the transferred territories, except as respects things done or omitted to be done before that day. explanation.in this section law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of madhya pradesh or rajasthan.

section 17. of the rajasthan and madhya pradesh transfer of territories act : 1 the central government may, by notification the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f.

section 13. of the rajasthan and madhya pradesh transfer of territories act : where, immediately before the appointed day, the state of rajasthan is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the state of madhya pradesh under this act, that state shall be deemed to be substituted for the state of rajasthan as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 14. of the rajasthan and madhya pradesh transfer of territories act : 1 every proceeding pending immediately before the appointed day before any court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of rajasthan shall, if it is a proceeding relating exclusively to any part of the transferred territories, stand transferred to the corresponding court, tribunal, authority or officer in the state of madhya pradesh. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court of rajasthan and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in madhya pradesh means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of madhya pradesh, or before the appointed day by the government of rajasthan, to be the corresponding court, tribunal, authority or officer.

section 16. of the rajasthan and madhya pradesh transfer of territories act : if any difficulty arises in giving effect to the provisions of this act including any difficulty in relation to the transition under section 11 from one law to another law, the president may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty.

section 15. of the rajasthan and madhya pradesh transfer of territories act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 5. of the parliament prevention of disqualification act : the parliament prevention of disqualification act, 19 of , the parliament prevention of disqualification act, 68 of , the prevention of disqualification act, 1 of , and any provision in any other enactment which is inconsistent with this act are hereby repealed.

section 4. of the parliament prevention of disqualification act : if a person being a member of parliament who immediately before the commencement of this act held an office of profit declared by any law repealed by this act not to disqualify the holder thereof for being such member, becomes so disqualified by reason of any of the provisions contained in this act, such office shall not, if held by such person for any period not extending beyond a period of six months from the commencement of this act disqualify him for being a member of parliament.

section 3. of the parliament prevention of disqualification act : it is hereby declared that none of the following offices, in so far as it is an office of profit under the government of india or the government of any state, shall disqualify the holder thereof for being chosen as, or for being, a member of parliament, namely, a any office held by a minister, minister of state or deputy minister for the union or for any state, whether ex officio or by name 1aa the office of a leader of the opposition in parliamentbr 2ab the office of deputy chairman, planning commission 3ac the office of 4each leader and each deputy leader of a recognised party and a recognised group in either house of parliament 5ad the office of the chairperson of the national advisory council constituted by the government of india in the cabinet secretariat vide order no. 631/2/1/cab., dated the 31st may, b the office of chief whip, deputy chief whip or whip in parliament or of a parliamentary secretary 6ba the office of chairperson of i the national commission for minorities constituted under section 3 of the national commission for minorities act, 19 of 7ii the national commission for the scheduled castes constituted under clause 1 of article 338 of the constitution iia the national commission for the scheduled tribes constituted under clause 1 of article 338a of the constitution iii the national commission for women constituted under section 3 of the national commission for women act, 20 of c the office of a member of any force raised or maintained under the national cadet corps act, 31 of , the territorial army act, 56 of , or the reserve and auxiliary air forces act, 62 of d the office of a member of a home guard constituted under any law for the time being in force in any state e the office of sheriff in the city of bombay, calcutta or madras f the office of chairman or member of the syndicate, senate, executive committee, council or court of a university or any other body connected with a university g the office of a member of any delegation or mission sent outside india by the government for any special purpose h the office of chairman or member of a committee whether consisting of one or more members, set up temporarily for the purpose of advising the government or any other authority in respect of any matter of public importance or for the purpose of making an inquiry into, or collecting statistics in respect of, any such matter, if the holder of such office is not entitled to any remuneration other than compensatory allowance 8ithe office of chairman, director or member of any statutory or nonstatutory body other any such body as is referred to in clause h, if the holder of such officer is not entitled to any remuneration other than compensatory allowance, but excluding i the office of chairman of any statutory or nonstatutory body specified in part i of the schedule, and ii the office of chairman or secretary of any statutory or nonstatutory body specified in part ii of the schedule j the office of village revenue officer, whether called a lambardar, malguzar, patel deshmukh or by any other name, whose duty is to collect land revenue and who is remunerated by a share of, or commission on, the amount of land revenue collected by him, but who does not discharge any police functions. 9k the office of chairman, deputy chairman, secretary or member by whatever name called in any statutory or nonstatutory body specified in the table l the office of chairperson or trustee by whatever name called of any trust, whether public or private, not being a body specified in the schedule m the office of chairman, president, vicepresident or principal secretary or secretary of the governing body of any society registered under the societies registration act, 21 of or under any other law relating to registration of societies, not being a body specified in the schedule. 10explanation 1.for the purposes of this section, the office of 11chairman, deputy chairman or secretary shall include every office of that description by whatever name called. 12explanation 2.in clause aa, the expression leader of the opposition shall have the meaning assigned to it in the salary and allowances of leaders of opposition in parliament act, 33 of . 13explanation 3.in clause ac, the expressions recognised party and recognised group shall have the meanings assigned to them in the leaders and chief whips of recognised parties and groups in parliament facilities act, 5 of . 1. ins. by act 33 of , s. 12 w.e.f. . 2. ins. by act 54 of , s. 3 w.e.f. . 3. ins. by act 5 of , s. 5 w.e.f. . 4. subs. by act 18 of , s. 5, for each leader w.e.f. . 5. ins. by act 31 of , s. 2 w.e.f. . 6. ins. by act 54 of , s. 3 w.e.f. . 7. subs. by act 28 of , s. 2, for subclause ii w.e.f. . 8. subs. by act 54 of , s. 3, for clause i w.e.f. . 9. ins. by act 31 of , s. 2 w.e.f. . 10. explanation renumbered as explanation 1 thereof by act 33 of , s. 12 w.e.f.. 11. subs. by act 54 of , s. 3, for chairman or secretary w.e.f. . 12. explanation 2 ins. by act 31 of , s. 12 w.e.f. . 13. explanation 3 ins. by act 5 of , s. 5 w.e.f. .

section 2. of the parliament prevention of disqualification act : in this act, unless the context otherwise requires, a compensatory allowance means any sum of money payable to the holder of an office by way of daily allowance such allowance not exceeding the amount of daily allowance to which a member of parliament is entitled under 1the salary, allowances and pension of members of parliament act, 30 of , any conveyance allowance, houserent allowance or travelling allowance for the purpose of enabling him to recoup any expenditure incurred by him in performing the functions of that office b statutory body means any corporation, committee, commission, council, board or other body of persons, whether incorporated or not, established by or under any law for the time being in force c nonstatutory body means any body of persons other than a statutory body. 1. subs. by act 54 of , s. 2, for the words the salaries and allowances of members of parliament act, w.e.f. .

section 8. of the northeastern areas reorganisation act : on and from the appointed day the state of assam shall comprise the territories of the existing state of assam other than those specified in sections 5, 6 and 7.

section 1. of the northeastern areas reorganisation act : this act may be called the northeastern areas reorganisation act, .

section 7. of the northeastern areas reorganisation act : on and from the appointed day there shall be formed a new union territory, to be known as the union territory of arunachal pradesh, comprising the territories which immediately before that day were comprised in the tribal areas specified in part b of the table appended to paragraph 20 of the sixth schedule to the constitution but excluding the areas covered by notification no. tad/r/35/50/109, dated the 23rd february, issued by the governor of assam under the proviso to subparagraph 3 of the said paragraph 20 and known as the northeast frontier agency and thereupon the said territories shall cease to form part of the existing state of assam.

section 2. of the northeastern areas reorganisation act : in this act, unless the context otherwise requires, a administrator means the administrator of a union territory appointed by the president under article 239 of the constitution b appointed day means the day1 which the central government may, by notification in the official gazette, appoint c article means an article of the constitution d common high court means the gauhati high court the high court of assam, nagaland, meghalaya, manipur and tripura referred to in clause b of subsection 1 of section 28: 2 provided that on and from the commencement of the northeastern areas reorganisation and other related laws amendment act, , the provisions of this clause shall have effect as if for the brackets and words assam, nagaland, meghalaya, manipur and tripura, the brackets and words assam, arunachal pradesh, mizoram and nagaland had been substituted e election commission means the election commission appointed by the president under article 324 f existing state of assam means the state of assam as existing immediately before the appointed day g law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing state of assam or the autonomous state of meghalaya or the union territory of manipur or the union territory of tripura, as the case may be h sitting member, in relation to either house of parliament or the legislative assembly of the existing state of assam, means a person who, immediately before the appointed day, is a member of that house or that assembly i successor state, in relation to the existing state of assam, means the state of assam or meghalaya, and includes also the union in relation to the union territory of mizoram j treasury includes a subtreasury. 1. 21st january, , vide notification no. g.s.r. 18e, dated 6th january, , see gazette of india, extraordinary, part ii, s. 3i. 2. the proviso ins. by act 26 of , s. 2 w.e.f. .

section 4. of the northeastern areas reorganisation act : on and from the appointed day there shall be established a new state, to be known as the state of tripura, comprising the territories which immediately before that day were comprised in the union territory of tripura.

section 3. of the northeastern areas reorganisation act : on and from the appointed day there shall be established a new state, to be known as the state of manipur, comprising the territories which immediately before that day were comprised in the union territory of manipur.

section 10. of the northeastern areas reorganisation act : on and from the appointed day, in the fourth schedule to the constitution, in the table, a for entries 19 to 22, the following shall be substituted, namely: 19. manipur .. 1 20. tripura .. 1 21. meghalaya .. 1 22. delhi .. 3 23. pondicherry .. 1 24. mizoram .. 1 25. arunachal pradesh .. 1 b for the figures 228, the figures 231 shall be substituted.

section 5. of the northeastern areas reorganisation act : on and from the appointed day there shall be formed a new state, to be known as the state of meghalaya, comprising a the territories which immediately before that day were comprised in the autonomous state of meghalaya formed under section 3 of the assam reorganisation meghalaya act, 55 of and b so much of the territories comprised within the cantonment and municipality of shillong as did not form part of that autonomous state, and thereupon the said territotries shall cease to form part of the existing state of assam.

section 12. of the northeastern areas reorganisation act : as soon as may be after the appointed day steps shall be taken to fill the seats in the council of states allotted to the state of meghalaya and the union territories of mizoram and arunachal pradesh.

section 13. of the northeastern areas reorganisation act : on and from the appointed day, in section 27a of the representation of the people act, , a in subsection 1, for the words for the purpose of filling any seat, the words, brackets and figure subject to the provisions of subsection 5, for the purpose of filling any seat shall be substituted b in subsection 4, for the words the electoral college for each of the union territories of manipur, tripura and pondicherry, the words the electoral college for the union territory of pondicherry shall be substituted c after subsection 4, the following subsection shall be inserted, namely: 5 the seat allotted in the council of state to each of the union territories of mizoram and arunachal pradesh shall be filled by a person nominated by the president in this behalf.

section 6. of the northeastern areas reorganisation act : on and from the appointed day there shall be formed a new union territory, to be known as the union territory of mizoram, comprising the territories which immediately before that day were comprised in the mizo district in the existing state of assam and thereupon the said territories shall cease to form part of the existing state of assam.

section 9. of the northeastern areas reorganisation act : on and from the appointed day, in the first schedule to the constitution, a under the heading i. the states, i in the paragraph relating to the territories of the state of assam, the following shall be added at the end, namely: and the territories specified in sections 5, 6 and 7 of the northeastern areas reorganisation act, ii after entry 18 the following entries shall be inserted, namely: 19. manipur the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioners province under the name of manipur. 20. tripura the territory which immediately before the commencement of this constitution was being administered as if it were a chief commissioners province under the name of tripura. 21. meghalaya the territories specified in section 5 of the northeastern areas reorganisation act, . b under the heading ii. the union territories. i entries 2 and 3 shall be omitted and entries 4 to 9 shall be renumbered as entries 2 to 7 respectively ii after entry 7 as so renumbered, the following entries shall be inserted, namely: 8. mizoram the territories specified in section 6 of the northeastern areas reorganisation act, . 9. arunachal the territories specified in section 7 of the northeastern areas reorganisation act, ..

section 11. of the northeastern areas reorganisation act : on and from the appointed day the sitting members of the council of states representing the existing union territories of manipur and tripura shall be deemed to have been duly elected under clause 4 of article 80 to fill the seat allotted to each of the states of manipur and tripura respectively in that council and the term of office of such sitting members shall remain unaltered.

section 14. of the northeastern areas reorganisation act : 1 on and from the appointed day and until the dissolution of the existing house of the people, the allocation of seats to the states of assam, manipur, tripura and meghalaya and the union territories of mizoram and arunachal pradesh in the house of the people and the number of seats, if any, to be reserved for the scheduled castes and for the scheduled tribes of each state and union territory shall be as specified in the table below and the first schedule to the representation of the people act, 43 of , shall be deemed to have been amended accordingly. the table name of the state/union territory number of seats in the existing house of the people total reserved for the scheduled castes reserved for the scheduled tribes i. states: 1. assam . . . 2. manipur . . . 2 .. 1 3. tripura . . . 2 .. 2 4. meghalaya . . . 2 .. 2 ii. union territories: 1. mizoram . . . 1 .. 1 2. arunachal pradesh . . . 1 .. 1 2 on and from the appointed day and until the dissolution of the existing house of the people, part a of schedule ii to the delimitation of parliamentary and assembly constituencies order, shall stand amended as directed in the first schedule.

section 15. of the northeastern areas reorganisation act : 1 on and from the appointed day and until the dissolution of the existing house of the people, a the two parliamentary constituencies of the existing union territory of manipur shall be deemed to be the two parliamentary constituencies of the state of manipur and b the two parliamentary constituencies of the existing union territory of tripura shall be deemed to be the two parliamentary constituencies of the state of tripura, and the delimitation of parliamentary and assembly constituencies order, shall be construed accordingly. 2 every sitting member of the house of the people representing a parliamentary constituency which on the appointed day, by virtue of the provisions of subsection 1, becomes a parliamentary constituency of the state of manipur or tripura, as the case may be, shall, as from that day, be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people from that constituency.

section 21. of the northeastern areas reorganisation act : 1 in the second schedule to the representation of the people act, , i under the heading i. states:, a in item 2 relating to assam, for the figures 126, the figures 114 shall be substituted b after item 17 and the entries relating thereto, the following shall be inserted, namely: 18. manipur .. 19. tripura .. 20. meghalaya .. 60 .. 50 ii under the heading ii. union territories: items 3 and 5 and the entries relating thereto shall be omitted. 2 the amendment made by clause ia of subsection 1 shall have effect on and after the appointed day in relation to the legislative assembly of the state of assam and the amendments made by clause ib and clause ii of subsection 1 shall have effect in relation to the legislative assemblies of the states of manipur, tripura and meghalaya to be constituted at any time after the appointed day.

section 16. of the northeastern areas reorganisation act : 1 the sitting member of the house of the people representing the cachar parliamentary constituency which on the appointed day, by virtue of the provisions of subsection 2 of section 14, stands altered shall, as from that day, be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people from that constituency as so altered. 2 the sitting member of the house of the people representing the dhubri parliamentary constituency which on the appointed day, by virtue of the provisions of subsection 2 of section 14, stands altered shall, as from that day, be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people from that constituency as so altered. 3 as soon as may be after the appointed day election shall be held to the house of the people to elect a representative from the diphu parliamentary constituency as if the seat of the member elected to the house of the people from that constituency has become vacant and the provisions of section 149 of the representation of the people act, 43 of shall, so far as may be, apply in relation to such election.

section 22. of the northeastern areas reorganisation act : 1 the election commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the legislative assemblies of the states of manipur, tripura and meghalaya under section 20 to single member territorial constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the constitution and to the following provisions: a all constituencies shall, so far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience b every assembly constituency shall be so delimited as to fall only within one parliamentary constituency c constituencies in which seats are reserved for the scheduled castes shall be distributed in different parts of the states and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large and d constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in those areas where the proportion of their population to the total population is the largest. explanation.in this section latest census figures means the census figures with respect to the state concerned ascertainable from the latest census of which the finally published figures are available. 2 for the purpose of assisting in the performance of its functions under subsection 1, the election commission shall associate with itself as associate members, a in respect of the state of manipur, all the sitting members of the house of the people representing the union territory of manipur or, as the case may be, the state of manipur under subsection 2 of section 15, and such six persons who were members of the legislative assembly of the union territory of manipur immediately before its dissolution by order of the president published in the gazette of india, dated 16th october, with notification no. s. o. , dated 16th october, of the government of india in the ministry of home affairs, as the president may, by order, nominate b in respect of the state of tripura, all the sitting members of the house of the people representing the union territory of tripura or, as the case may be, the state of tripura under subsection 2 of section 15, and such six persons, being members of the legislative assembly of the union territory of tripura as it functioned immediately before the 1st november, , as the president may, by order, nominate c in respect of the state of meghalaya, the member of the house of the people representing the autonomous districts parliamentary constituency or, as the case may be, the meghalaya parliamentary constituency under section 17, and such of the six members of the legislative assembly of the autonomous state of meghalaya constituted under section 62 of the assam reorganisation meghalaya act, 55 of or, as the case may be, of the provisional legislative assembly of the state of meghalaya referred to in section 27, as the president may, by order, nominate: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 3 if owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of subsection 2. 4 a member of any legislative assembly nominated under clause b or clause c of subsection 2 shall continue to be an associate member notwithstanding that he ceases to be a member of such legislative assembly, otherwise than consequent on the incurring of any disqualification. 5 the election commission shall a publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 6 as soon as may be after such publication, every such order shall be laid before the legislative assembly of the concerned state.

section 17. of the northeastern areas reorganisation act : 1 there shall be two parliamentary constituencies in the state of meghalaya to be called the shillong parliamentary constituency and the tura parliamentary constituency. 2 the area falling within the garo hills district as it exists immediately before the appointed day shall form the tura parliamentary constituency and the remaining area in the state of meghalaya shall form the shillong parliamentary constituency and the said two parliamentary constituencies shall be deemed to have been delimited accordingly. 3 the sitting member of the house of the people representing immediately before the appointed day the autonomous districts parliamentary constituency shall, as from that day, be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people from the shillong parliamentary constituency. 4 as soon as may be after the appointed day election shall be held to the house of the people to elect a representative from the tura parliamentary constituency as if the seat of the member elected to the house of the people from that constituency has become vacant and the provisions of section 149 of the representation of the people act, 43 of shall, so far as may be, apply in relation to such election.

section 18. of the northeastern areas reorganisation act : the whole of the union territory of mizoram shall form one parliamentary constituency to be called the mizoram parliamentary constituency and as soon as may be after the appointed day election shall be held to the house of the people to elect a representative from that constituency, as if the seat of the member elected to the house of the people from that constituency has become vacant and the provisions of section 149 of the representation of the people act, 43 of shall, so far as may be, apply in relation to such election.

section 19. of the northeastern areas reorganisation act : the sitting member nominated to fill the seat allotted in the house of the people to the tribal areas of assam specified in part b of the table appended to paragraph 20 of the sixth schedule to the constitution, known as the northeast frontier agency, shall, on and from the appointed day, be deemed to have been nominated to fill the seat allotted to the union territory of arunachal pradesh in the house of the people.

section 20. of the northeastern areas reorganisation act : 1 on and from the appointed day, the total number of seats in the legislative assembly of the state of assam, to be filled by persons chosen by direct election from territorial constituencies, shall be reduced from one hundred and twentysix to one hundred and fourteen and every sitting member of that legislative assembly representing a constituency which ceases to be a constituency in the state of assam by virtue of the provisions of subsection 5 shall, as from the appointed day, cease to be a member of that legislative assembly. 2 the total number of seats in the legislative assembly of the state of manipur, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which one seat shall be reserved for the scheduled castes and nineteen seats shall be reserved for the scheduled tribes. 3 the total number of seats in the legislative assembly of the state of tripura, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which six seats shall be reserved for the scheduled castes and nineteen seats shall be reserved for the scheduled tribes. 4 the total number of seats in the legislative assembly of the state of meghalaya, to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies shall be sixty, out of which fifty seats shall be reserved for the scheduled tribes. 5 on and from the appointed day, part b of schedule ii to the delimitation of parliamentary and assembly constituencies order, shall stand amended as directed in the first schedule.

section 23. of the northeastern areas reorganisation act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under section 22 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendment as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section shall be laid, as soon as may be after it is issued, before the legislative assembly of the concerned state.

section 24. of the northeastern areas reorganisation act : all things done, and all steps taken, before the commencement of this act with a view to delimiting the territorial constituencies of the states of manipur, tripura and meghalaya for the purpose of elections to the legislative assemblies of those states shall, in so far as they are in conformity with the provisions of sections 22 and 23, be deemed to have been done or taken under those sections as if those sections were in force at the time such things were done or such steps were taken.

section 28b. of the northeastern areas reorganisation act : 1 such of the judges of the common high court holding office immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, as may be determined by the president after ascertaining their option shall, on such commencement, cease to be the judges of the common high court and become a judge of the high court of meghalaya or the high court of manipur or the high court of tripura, as the case may be. 2 every person who by virtue of subsection 1 become a judge of the high court of meghalaya or the high court of manipur or the high court of tripura shall, except in the case where any such person is appointed to be the chief justice of any of those high courts, rank in the respective high court according to the priority of their respective appointments as judges of the common high court.

section 25. of the northeastern areas reorganisation act : 1 on and from the appointed day, the constitution scheduled castes order, shall stand amended as directed in the second schedule. 2 on and from the appointed day, the constitution scheduled castes union territories order, shall stand amended as directed in the third schedule.

section 27. of the northeastern areas reorganisation act : 1 on and from the appointed day and until the legislative assembly of the state of meghalaya has been duly constituted and summoned to meet for the first session under the provisions of the constitution, the provisional legislative assembly of the autonomous state of meghalaya, excluding the members nominated thereto, constituted under section 62 of the assam reorganisation meghalaya act, 55 of and functioning immediately before the appointed day, shall be the provisional legislative assembly of the state of meghalaya and that assembly shall exercise all the powers and perform all the duties conferred by the provisions of the constitution on the legislative assembly of that state: provided that for the purposes of this subsection, the member representing the autonomous district of united khasijaintia hills in the said provisional legislative assembly of the autonomous state of meghalaya shall be deemed also to represent the territories specified in clause b of section 5. 2 the term of office of the members of the provisional legislative assembly of the state of meghalaya shall, unless the said legislative assembly is sooner dissolved, expire immediately before the first meeting of the legislative assembly of the state of meghalaya. 3 the persons who, immediately before the appointed day, are the speaker and the deputy speaker of the provisional legislative assembly of the autonomous state of meghalaya shall be the speaker and the deputy speaker respectively of the provisional legislative assembly of the state of meghalaya. 4 the rules of procedure and conduct of business of the provisional legislative assembly of the autonomous state of meghalaya, as in force immediately before the appointed day, shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the provisional legislative assembly of the state of meghalaya and of the legislative assembly of the state of meghalaya duly constituted under the provisions of the constitution, subject to such adaptations as may be made therein by the speaker of the legislative assembly, concerned. 5 the rules of procedure and conduct of business of the legislative assembly of the union territory of manipur, as in force immediately before its dissolution by order of the president published in the gazette of india, dated the 16th october, with notification no. s.o. , dated the 16th october, of the government of india in the ministry of home affairs, shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of the state of manipur, subject to such modifications and adaptations as may be made therein by the governor of that state. 6 the rules of procedure and conduct of business of the legislative assembly of the union territory of tripura as in force immediately before the 1st november, , shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the legislative assembly of the state of tripura, subject to such modifications and adaptations as may be made therein by the governor of that state.

section 28c. of the northeastern areas reorganisation act : the high court of meghalaya, the high court of manipur and the high court of tripura shall have, in respect of any part of the territories included in the state of meghalaya, the state of manipur and the state of tripura respectively, all such jurisdiction, powers and authority as, under the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, , are exercisable in respect of that part of the said territories by the common high court.

section 26. of the northeastern areas reorganisation act : 1 on and from the appointed day the constitution scheduled tribes order, shall stand amended as directed in the fourth schedule. 2 on and from the appointed day, the constitution scheduled tribes union territories order, shall stand amended as directed in the fifth schedule.

section 28. of the northeastern areas reorganisation act : 1 on and from the appointed day, a the high court of assam and nagaland shall cease to function and is hereby abolished b there shall be a common high court for the states of assam, nagaland, meghalaya, manipur and tripura to be called the gauhati high court the high court of assam, nagaland, meghalaya, manipur and tripura c the judges of the high court of assam and nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court: 1 provided that on and from the commencement of the northeastern areas reorganisation and other related laws amendment act, , the common high court shall be the high court for the states of assam, arunachal pradesh, mizoram and nagaland and shall cease to have its jurisdiction, powers and authority for the states of meghalaya, manipur and tripura. 2 nothing in clause a of subsection 1 shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by the high court of assam and nagaland under the powers then conferred upon that court. 1. the proviso ins. by act 26 of , s. 3 w.e.f. .

section 28f. of the northeastern areas reorganisation act : the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, with respect to the form of writs and other processes used, issued or awarded by the common high court shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the high court of meghalaya, the high court of manipur and the high court of tripura.

section 28a. of the northeastern areas reorganisation act : 1 28a. establishment of separate high courts for the states of meghalaya, manipur and tripura.1 on and from the commencement of the northeastern areas reorganisation and other related laws amendment act, , there shall be a high court a for the state of meghalaya to be called the high court of meghalaya b for the state of manipur to be called the high court of manipur c for the state of tripura to be called the high court of tripura. 2 the principal seat of the high court of meghalaya, the high court of manipur and the high court of tripura shall respectively be at such place as the president may, by notified order, appoint. 3 notwithstanding anything contained in subsection 2, the judges and division courts of the high court of meghalaya, the high court of manipur and the high court of tripura may sit at such other place or places in the states of meghalaya, manipur and tripura respectively, other than their principal seat as the chief justice of the respective high court may, with the approval of the governor of the state concerned, appoint. 1. ins. by s. 4, ibid. w.e.f. .

section 28d. of the northeastern areas reorganisation act : the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, with respect to the custody of the seal of the common high court shall, with the necessary modifications, apply with respect to the custody of the seal of the high court of meghalaya, the high court of manipur and the high court of tripura, as the case may be.

section 28e. of the northeastern areas reorganisation act : the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, with respect to practice and procedure in the common high court shall, with necessary modifications, apply in relation to the high court of meghalaya, the high court of manipur and the high court of tripura, and accordingly, the high court of meghalaya, the high court of manipur and the high court of tripura shall, respectively, have all such powers to make rules and orders with respect to practice and procedure as are immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, exercisable by the common high court: provided that any rules or orders which are in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, with respect to the practice and procedure in the common high court shall, until varied or revoked by rules or orders made by the high court of meghalaya or the high court of manipur or the high court of tripura, as the case may be, apply with the necessary modifications in relation to the practice and procedure in the high court of meghalaya, the high court of manipur and the high court of tripura respectively, as if such rules or orders were made by the respective high court.

section 28g. of the northeastern areas reorganisation act : the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, relating to the powers of the chief justice, single judges and division courts of the common high court and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of meghalaya, the high court of manipur and the high court of tripura.

section 29. of the northeastern areas reorganisation act : on and from the appointed day, the common high court shall have, in respect of the territories comprised in the states of assam, manipur, meghalaya, nagaland and tripura, all such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of those territories by the high court of assam and nagaland or the court of the judicial commissioner for manipur, or the court of the judicial commissioner for tripura, as the case may be.

section 28h. of the northeastern areas reorganisation act : the law in force immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, relating to appeals to the supreme court from the common high court and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the high courts of meghalaya, manipur and tripura.

section 28i.transfer of proceedings from common high court to the high courts of meghalaya, manipur and tripura of the northeastern areas reorganisation act : 1 except as hereinafter provided, the common high court shall, as from the commencement of the northeastern areas reorganisation and other related laws amendment act, , have no jurisdiction in respect of the states of meghalaya, manipur and tripura. 2 such proceedings pending in the common high court immediately before the commencement of the northeastern areas reorganisation and other related laws amendment act, as are certified, whether before or after that day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the high court of meghalaya or the high court of manipur or the high court of tripura, as the case may be, shall, as soon as may be after such certification, be transferred to the high court of meghalaya or the high court of manipur or the high court of tripura, as the case may be. 3 notwithstanding anything contained in subsections 1 i and 2 or in section 28a, but save as hereinafter provided, the common high court shall have, and the high court of meghalaya, the high court of manipur and the high court of tripura shall not have, jurisdication to entertain, hear or dispose of appeals, applications for leave to the supreme court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the common high court before the commencement of the northeastern areas reorganisation and other related laws amendment act, : provided that if after any such proceedings have been entertained by the common high court, it appears to the chief justice of that high court that they ought to be transferred to the high court of meghalaya or the high court of manipur or the high court of tripura, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the common high court a before the commencement of the northeastern areas reorganisation and other related laws amendment act, , in any proceedings transferred to the high court of meghalaya, or the high court of manipur or the high court of tripura by virtue of subsection 2 or b in any proceeding with respect to which the common high court retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect, not only as an order of the common high court but also as an order made by the high court of meghalaya, or the high court of manipur or the high court of tripura, as the case may be.

section 28j. of the northeastern areas reorganisation act : for the purposes of section 28h, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 28k. of the northeastern areas reorganisation act : nothing in sections 28a to 28j both inclusive shall affect the application to the high court of meghalaya, the high court of manipur and the high court of tripura of any provisions of the constitution, and the provisions of these sections shall have effect subject to any provision that may be made on or after the commencement of the northeastern areas reorganisation and other related laws amendment act, with respect to the respective high court by any legislature or other authority having power to make such provisions.

section 30. of the northeastern areas reorganisation act : 1 on and from the appointed day, the courts of the judicial commissioners for manipur and tripura shall cease to function and are hereby abolished. 2 nothing in subsection 1 shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceedings taken before the appointed day by any of the courts abolished by that subsection, under the powers then conferred upon that court.

section 31. of the northeastern areas reorganisation act : 1 the principal seat of the common high court shall be at the same place at which the principal seat of the high court of assam and nagaland is located immediately before the appointed day. 2 the president may by notified order provide for the establishment of a permanent bench or benches of the common high court at one or more places within the territories to which the jurisdiction of the high court extends, other than the principal seat of the high court, and for any matters connected therewith: provided that before issuing any order under this subsection, the president shall consult the chief justice of the common high court and the governor of the state in which the bench or benches is or are proposed to be established. 3 notwithstanding anything contained in subsection 1 or subsection 2, the judges and division courts of the common high court may also sit at such other place or places in the state of 1 assam, arunachal pradesh, mizoram or nagaland as the chief justice may, with the approval of the governor of the state concerned, appoint. 1. subs. by act 26 of , s. 5, for assam, manipur, meghalaya, nagaland or tripura w.e.f. .

section 32. of the northeastern areas reorganisation act : on and from the appointed day, the jurisdiction of the common high court shall extend to the union territories of mizoram and arunachal pradesh: 1 provided that on and from the commencement of the northeastern areas reorganisation and other related laws amendment act, , the provisions of this section shall cease to have effect. 1. the proviso ins. by s. 6, ibid. w.e.f. .

section 38. of the northeastern areas reorganisation act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of assam and nagaland and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common high court.

section 33. of the northeastern areas reorganisation act : the expenditure in respect of salaries and allowances of the judges of the common high court shall be allocated amongst the states of 1 arunachal pradesh, mizoram and nagaland and the union in such proportion as the president may, by order, determine. 1. subs. by s. 7, ibid., for manipur, meghalaya, nagaland and tripura w.e.f. .

section 34. of the northeastern areas reorganisation act : 1 subject to any rule made or direction given by the common high court in this behalf, any person, who immediately before the appointed day, is an advocate entitled to practise in the high court of assam and nagaland or in the court of the judicial commissioner for manipur or in the court of the judicial commissioner for tripura, shall be entitled to practise as an advocate in the common high court. 2 the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court of assam and nagaland: provided that as among the advocatesgeneral of the states of assam, manipur, meghalaya, nagaland and tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates. 3 on and from the appointed day, in the advocates act, 25 of hereafter in this part referred to as the advocates act, in section 3, a in subsection 1, i for clause b, the following clause shall be substituted, namely: b for the states of assam, manipur, meghalaya, nagaland and tripura and the union territories of mizoram and arunachal pradesh, to be known as the bar council of assam, nagaland, meghalaya, manipur and tripura. ii in clause e, for the words union territories of tripura and the andaman and nicobar islands, the words union territory of the andaman and nicobar islands shall be substituted b in subsection 2, in clause b, for the words bar council of assam, the words bar council of assam, nagaland, meghalaya, manipur and tripura shall be substituted. 4 the provisions of section 17 of the advocates act shall have effect in respect of the roll of the bar council of assam, nagaland, meghalaya, manipur and tripura subject to the modifications that, a for clause a of subsection 1 of the said section 17, the following clause shall be substituted, namely: a all persons who were entered as advocates, i on the roll of the bar council of assam and nagaland immediately before the day appointed under clause b of section 2 of the northeastern areas reorganisation act, ii on the roll of the bar council of west bengal immediately before that day and who, within three months from that day, express in such manner as the bar council of india may, by rules, prescribe their intention in writing to practise within the jurisdiction of the bar council of assam, nagaland, meghalaya, manipur and tripura b in clause a of subsection 3 of the said section 17, for the words and figures with his date of enrolment under the indian bar councils act, , 38 of the words with his seniority on the roll of the bar council of assam and nagaland or, as the case may be, the bar council of west bengal shall be substituted. 5 notwithstanding anything contained in the advocates act, as amended or modified by subsections 3 and 4, a in the case of the first bar council of assam, nagaland, meghalaya, manipur and tripura under that act, the fifteen members required to be elected under clause b of subsection 2 of section 3 of that act, shall be nominated by the chief justice of the common high court from amongst the advocates who are entitled as of right of practise in that high court and are ordinarily practising within the territories comprised in the states of assam, manipur, meghalaya, nagaland and tripura and the union territories of mizoram and arunachal pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the council or until their successors are duly elected in accordance with the provisions of the said act, whichever is earlier b the names of persons entered on the roll of the bar council of assam, nagaland, meghalaya, manipur and tripura from the roll of the bar council of west bengal in accordance with the provisions of clause a of subsection 1 of section 17 of the advocates act, as modified by subsection 4, shall, as from the date or dates on which the names are so entered, stand removed from the roll of the bar council of west bengal c any proceedings which were pending or which may be instituted against any person before or by the bar council of assam and nagaland or by the bar council of west bengal immediately before his name is entered in the roll of the bar council of assam, nagaland, meghalaya, manipur and tripura in accordance with the provisions of clause a of subsection 1 of section 17 of the advocates act, as modified by subsection 4, may, after such entry, be continued or instituted before or by the bar council of assam, nagaland, meghalaya, manipur and tripura d every person who, immediately before his name stands removed from the roll of the bar council of west bengal in accordance with the provisions of clause b, is a member of the bar council of west bengal, shall cease to be a member of that council as from the date on which his name stands so removed from the roll of that bar council e the rules made or deemed to have been made by the bar council of assam and nagaland and in force immediately before the date on which the first bar council of assam, nagaland, meghalaya, manipur and tripura is duly constituted in accordance with the provisions of clause a, shall, subject to such modifications and adaptations as may be made therein by the chairman of the bar council of assam, nagaland, meghalaya, manipur and tripura, be deemed to be rules made by that bar council and shall have effect accordingly. 6a as from the appointed day, the assets and liabilities of the bar council of assam and nagaland shall pass to the bar council of assam nagaland, meghalaya, manipur and tripura. b the assets and liabilities of the bar council of west bengal shall be apportioned between that bar council and the bar council of assam, nagaland, meghalaya, manipur and tripura in such manner and proportion as may be agreed upon by the bar councils and in default of agreement with reference to any matter, the matter shall be referred to the chairman of the bar council of india and his decision thereon shall be final. explanation.expressions used in this section but not defined in this act shall have the meanings assigned to them respectively in the advocates act.

section 39. of the northeastern areas reorganisation act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of assam and nagaland and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the common high court.

section 35. of the northeastern areas reorganisation act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of assam and nagaland shall, with the necessary modifications, apply in relation to the common high court.

section 36. of the northeastern areas reorganisation act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of assam and nagaland shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court.

section 42. of the northeastern areas reorganisation act : any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam and nagaland or in the court of the judicial commissioner for manipur or in the court of the judicial commissioner for tripura and was authorised to appear or to act in any proceedings transferred from the said high court or courts of the judicial commissioners to the common high court under section 40, shall have the right to appear or to act, as the case may be, in the common high court in relation to those proceedings.

section 37. of the northeastern areas reorganisation act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of assam and nagaland shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 40. of the northeastern areas reorganisation act : 1 all proceedings pending in the high court of assam and nagaland and in the courts of the judicial commissioners for manipur and tripura immediately before the appointed day shall, from such day, stand transferred to the common high court. 2 every proceeding transferred under subsection 1 shall be disposed of by the common high court as if such proceeding was entertained by that high court. 3 any order made before the appointed day by the high court of assam and nagaland or by the court of the judicial commissioner for manipur or by the court of the judicial commissioner for tripura shall, for all purposes, have effect not only as an order of that high court or, as the case may be, of that court but also as an order of the common high court.

section 41. of the northeastern areas reorganisation act : for the purposes of section 40, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 43. of the northeastern areas reorganisation act : nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provisions.

section 48. of the northeastern areas reorganisation act : the allowances and privileges of the governors of assam, manipur, meghalaya and tripura shall, until provision in that behalf is made by parliament by law under clause 3 of article 158, be such as the president may, by order, determine.

section 44. of the northeastern areas reorganisation act : 1 the president may, at any time before the appointed day, authorise by order such expenditure from the consolidated fund of the state of manipur or of the state of tripura as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislative assembly of the state of manipur or of the state of tripura, as the case may be: provided that the governor of manipur or of tripura may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of manipur or, as the case may be, of the state of tripura for any period not extending beyond the said period of six months. 2 the president or, as the case may be, the governor of the concerned state shall make separate orders under subsection 1 in respect of periods falling in different financial years. 3 the governor of assam, exercising the functions as governor in relation to the autonomous state of meghalaya by virtue of the assam reorganisation meghalaya act, 55 of , may at any time, before the appointed day, authorise by order such expenditure from the consolidated fund of the state of meghalaya as he deems necessary for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislative assembly of meghalaya: provided that the governor of meghalaya may, after the appointed day, authorise such further expenditure as he deems necessary from the consolidated fund of the state of meghalaya for any period not extending beyond the said period of six months. 4 the governors referred to in subsection 3 shall make separate orders under that subsection in respect of periods falling in different financial years. 5 the president may, at any time, before or after the appointed day authorise by order such expenditure from the consolidated fund of india as he deems necessary for a period of not more than six months beginning with the appointed day for the administration of the affairs of the union territory of mizoram pending the sanction of such expenditure by parliament. 6 the president shall make separate orders under subsection 5 in respect of periods falling in different financial years.

section 46. of the northeastern areas reorganisation act : 1 the reports of the comptroller and auditorgeneral of india referred to in section 49 of the government of union territories act, 20 of relating to the accounts of the union territory of manipur or of the union territory of tripura in respect of any period prior to the appointed day shall be submitted to the governor of manipur or of tripura, as the case may be, who shall cause them to be laid before the legislative assembly of the state of manipur or of the state of tripura, as the case may be. 2 the governor of manipur or of tripura, as the case may be, may, by order, a declare any expenditure incurred out of the consolidated fund of the union territory of manipur or of tripura on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 47. of the northeastern areas reorganisation act : 1 the reports of the comptroller and auditorgeneral of india relating to the accounts of the autonomous state of meghalaya in respect of any period prior to the appointed day shall be submitted to the governor of meghalaya who shall cause them to be laid before the legislative assembly of the state of meghalaya. 2 the governor of meghalya may, by order, a declare any expenditure incurred out of the consolidated fund of the autonomous state of meghalaya on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 45. of the northeastern areas reorganisation act : any act passed by parliament for the appropriation of any money out of the consolidated fund of india to meet the expenditure in respect of any part of the financial year in, or for the purposes of, the tribal areas of assam specified in part b of the table appended to paragraph 20 of the sixth schedule to the constitution shall, on and from the appointed day, have effect also in relation to the union territory of arunachal pradesh and it shall be lawful for the president to spend any amount in, or for the purposes of, that union territory out of the amounts authorised by such act to be expended in, or for the purposes of, the said tribal areas.

section 49. of the northeastern areas reorganisation act : the president shall, by order, determine the grantsinaid of the revenues of the states of assam, manipur, meghalaya and tripura and the share of each such state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the union duties of excise distribution act, 3 of , the additional duties of excise goods of special importance act, 58 of , the estate duty distribution act, 9 of and the constitution distribution of revenues order, in such manner as he thinks fit.

section 53. of the northeastern areas reorganisation act : 1 the following bodies corporate constituted for the existing state of assam, namely: a the state electricity board constituted under the electricity supply act, 54 of and b the state warehousing corporation established under the warehousing corporations act, 58 of , shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the board or the corporation may include a direction that the act under which the board or the corporation was constituted shall, in its application to that board or corporation, have effect subject to such exceptions and modifications as the central government thinks fit. 3 the board or the corporation referred to in subsection 1 shall cease to function as from, and shall be deemed to be dissolved on, the expiry of a period of 1 thirtyeight months from the appointed day or such earlier date as the central government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states in such manner as may be agreed upon among them within one year of the dissolution of the board or the corporation, as the case may be, or if no agreement is reached, in such manner as the central government may, by order, determine. 4 nothing in the preceding provisions of this section shall be construed as preventing the government of any of the successor states from constituting at any time on or after the appointed day, a state electricity board or a state warehousing corporation for that state under the provisions of the act relating to such board or corporation and if such a board or a corporation is so constituted in any of the successor states before the dissolution of the board or the corporation referred to in subsection 1, a provision may be made by order of the central government enabling the new board or the new corporation to take over from the existing board or corporation all or any of its undertakings, assets, rights and liabilities in that state, and b upon the dissolution of the existing board or corporation, i any assets, rights and liabilities which would otherwise have passed to that state by or under the provisions of subsection 3 shall pass to the new board or the new corporation instead of to that state ii any employees who would otherwise have been transferred to or reemployed by that state under subsection 3, read with clause i of subsection 5, shall be transferred to or reemployed by the new board or the new corporation instead of to or by that state. 5 an agreement entered into between the successor states under subsection 3 and an order made by the central government under that subsection or under clause a of subsection 4 may provide for the transfer or reemployment of any employees of the board or the corporation referred to in subsection 1, i to or by the successor states, in the case of an agreement under subsection 3 or an order made under that subsection ii to or by the new board or the new corporation constituted under subsection 4, in the case of an order made under clause a of that subsection, and, subject to the provisions of section 58, also for the terms and conditions of service applicable to such employees after such transfer or reemployment. 1. subs. by act 3 of , s. 2, for three years w.e.f. .

section 50., of the states of manipur and tripura. of the northeastern areas reorganisation act : 1 all such property and assets within the union territory of manipur or of tripura as are held immediately before the appointed day by the union for purposes of governance of that union territory shall, on and from that day, pass to the state of manipur or of tripura, as the case may be, unless the purposes for which such property and assets are so held are union purposes: provided that the cash balance in the treasuries in the union territory of manipur or of tripura before the appointed day shall, as from that day, vest in the state of manipur or of tripura, as the case may be. 2 all rights, liabilities and obligations other than those relatable to, or in connection with, a union purpose, whether arising out of any contract or otherwise, which are, immediately before the appointed day, a the rights liabilities and obligations of the central government arising out of, or in connection with, the governance of the union territory of manipur or of tripura or b the rights, liabilities and obligations of the administrator of the union territory of manipur or of tripura in his capacity as such or of the government of the union territory of manipur or of tripura, shall, on and from the appointed day, be the rights, liabilities and obligations of the government of the state of manipur or of tripura, as the case may be. 3 the right to recover arrears of a any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution, or b any duty referred to in article 268, or c any tax under the central sales tax act, 74 of , which having fallen due in the union territory of manipur or of tripura immediately before the appointed day shall, on and from that day, pass to the state of manipur or of tripura, as the case may be. 4 the provisions of this section shall not apply to or in relation to, a any institution, undertaking or project the expenditure in relation to which is, immediately before the appointed day, met from and out of the consolidated fund of india b any property which has been placed by the union at the disposal of the administration of the union territory of manipur or of tripura subject to the condition that the ownership thereof will continue to vest in the union. explanation.for the purposes of this section, a liability includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong b union purposes mean the purposes of government relatable to any of the matters mentioned in the union list in the seventh schedule to the constitution.

section 51. of the northeastern areas reorganisation act : 1 all rights, liabilities and obligations whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the autonomous state of meghalya, including the rights, liabilities and obligations apportioned or to be apportioned to the share of the autonomous state of meghalaya by virtue of section 58 of the assam reorganisation meghalaya act, 55 of , shall, on and from the appointed day, be the rights, liabilities and obligations of the state of meghalya. 2 all property and assets held by the autonomous state of meghalya immediately before the appointed day, including the property and assets apportioned or to be apportioned to the share of the autonomous state of mehgalya by virtue of section 58 of the assam reorganisation meghalaya act, 55 of shall, on and from that day, pass to the state of meghalya. 3 subject to the provisions of subsections 1 and 2 of this section and section 52, all rights, liabilities and obligations whether arising out of any contract or otherwise, which are, immediately before the appointed day, the rights, liabilities and obligations of the existing state of assam and all property and assets held by the existing state of assam immediately before the appointed day shall be apportioned between the state of assam and the state of meghalaya in accordance with the provisions contained in the sixth schedule.

section 52. of the northeastern areas reorganisation act : 1 all property and assets within the mizo district which are, immediately before the appointed day, vested in the existing state of assam shall, as from that day, vest in the union. 2 unless the central government otherwise directs, any stores, articles and other goods belonging to the existing state of assam and situated outside the mizo district immediately before the appointed day shall, as from that day, pass to the union if such stores, articles or other goods are held for, or are relatable to, the administration of that district. 3 all rights, liabilities and obligations of the existing state of assam in relation to the mizo district shall, as from the appointed day, be the rights, liabilities and obligations of the union. 4 the liability of the existing state of assam to the union in respect of the loans taken by that state from the central government shall be reduced by an amount which bears such proportion to the total public debt of that state immediately before the appointed day as the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred up to that day by the existing state of assam in the mizo district bears to the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing state of assam up to the appointed day: provided that for the purposes of this subsection the total public debt of the existing state of assam shall exclude the public debt apportioned or apportionable to the autonomous state of meghalaya under section 58 of the assam reorganisation meghalaya act, 55 of , and the total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred by the existing state of assam shall exclude such outlays incurred or deemed to have been incurred for the purposes of the autonomous state under the said section. 5 nothing in this section shall apply to any amount which may be payable by the union to the existing state of assam in respect of the expenditure incurred by that state in connection with internal disturbances in the mizo district.

section 54. of the northeastern areas reorganisation act : if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of part ii, outside the state in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems fit, to the state government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

section 56. of the northeastern areas reorganisation act : 1 save as otherwise expressly provided by the foregoing provisions of this part, where any body corporate constituted under a central act, state act or provincial act for the existing state of assam or any part thereof has, by virtue of the provisions of part ii, become an interstate body corporate, then, the body corporate shall, on and from the appointed day continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate. 2 any directions issued by the central government under subsection 1 in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direction.

section 55. of the northeastern areas reorganisation act : 1 the assam state financial corporation established under the state financial corporations act, 63 of shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government. 2 any directions issued by the central government under subsection 1 in respect of the corporation may include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction. 3 notwithstanding anything contained in subsection 1 or subsection 2, the board of directors of the corporation may, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the corporation, including proposals regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at a general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction. 4 if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central government shall certify the scheme, and upon such certification the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 5 if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the common high court as may be nominated in this behalf by the chief justice thereof, and the decision of the judge in regard to the scheme shall be final and shall be binding on the corporations affected by the scheme as well as the shareholders and creditors thereof. 6 nothing in the preceding provisions of this section shall be construed as preventing the government of the state of meghalaya from constituting, at any time after the appointed day and with the approval of the central government, a state financial corporation for that state under the state financial corporations act, 63 of .

section 61. of the northeastern areas reorganisation act : 1in this section, the expression joint cadre, a in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service cadre rules, b in relation to the indian police service, has the meaning assigned to it in the indian police service cadre rules, and c in relation to the indian forest service, has the meaning assigned to it in the indian forest service cadre rules, . 2 on and from the appointed day, there shall be constituted for the states of assam and meghalaya a joint cadre of the indian administrative service, a joint cadre of the indian police service and a joint cadre of the indian forest service. 13 on and from the appointed day, there shall be constituted for the states of manipur and tripura and joint cadre of the indian administrative service, a joint cadre of the indian police service and a joint cadre of the indian forest services. 4 the initial strength and composition of each of the joint cadres referred to in subsections 2 and 3 shall be such as the central government may, by order, determine before the appointed day. 5 the members of each of the said services borne on the assam cadre thereof immediately before the appointed day shall be allocated to the joint cadre of the same service constituted under subsection 2 and to the union territories cadre of that service in such manner and with effect from such date or dates as the central government may, by order, specify. 6 such members of each of the said services borne on the union territories cadre thereof immediately before the appointed day, as the central government may, by order, specify, shall be allocated to the joint cadre of the same service constituted under subsection 3 with effect from such date or dates as may be specified in the order. 7 every person who, being a member of a state civil service of the existing state of assam, is borne on a select list for promotion to the assam cadre of an allindia service immediately before the appointed day shall, unless he is deemed to have been allocated to the union under section 64, be deemed to have been included in the same order as in that list, in the select list for promotion to the joint cadre of the same service constituted under subsection 2. 8 every person who, being a person deemed to have been allocated under section 62 for service in connection with the affairs of the state of manipur or the state of tripura, is borne on a select list for promotion to the union territories cadre of an allindia service immediately before the appointed day, shall be deemed to have been included in the same order as in that list, in the select list for promotion to the joint cadre of the same service constituted under subsection 3. 9 every person who, being a person deemed to have been allocated to the union under section 64, is borne on a select list for promotion to the assam cadre of an allindia service immediately before the appointed day, shall be deemed to have been included in the select list for promotion to the union territories cadre of the same service and his position in the said select list shall be determined by the central government in consultation with the union public service commission. 10 nothing in this section shall be deemed to affect the operation after the appointed day of the allindia services act, 61 of , or the rules or regulations made thereunder. 1. subsection 3 shall stand substituted date to be notified by act 39 of , s. 2 to read as under: 3 on and from the date of commencement of the northeastern areas reorganisation amendment act, , there shall be constituted each for the state of manipur and for the state of tripura a separate cadre of the indian administrative service, a separate cadre of the indian police service and a separate cadre of the indian forest service. 3a the initial strength and composition of the state cadres referred to in subsection 1 shall be such as the central government may, by order, determine before the date of commencement of the northeastern areas reorganisation amendment act, . 3b the members of each of the said services borne on the joint cadre for the states of manipur and tripura in each category of the allindia services immediately before the commencement of the northeastern areas reorganisation amendment act, shall be allocated to the state cadres of the same service constituted under subsection 1 in such manner and with effect from such date or dates as the central government may, by order, specify. 3c nothing in this section shall be deemed to affect the operation, on or after the commencement of the northeastern areas reorganisation amendment act, , of the allindia services act, 61 of , or the rules and regulations made thereunder.

section 57. of the northeastern areas reorganisation act : 1 notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted by the state or a regional transport authority in the existing state of assam shall, if such permit was, immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any state or regional transport authority for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state government or governments concerned, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted. 2 no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was immediately before that day exempt from the payment of any such tolls, entrance fees or other charges for its operations within the existing state of assam: provided that the central government may, after consultation with the state government or governments concerned, authorise the levy of any such tolls, entrance fees or other charges, as the case may be.

section 58. of the northeastern areas reorganisation act : where, on account of the reorganisation of the existing state of assam under this act, any body corporate constituted under a central act, state act or provincial act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such cooperative society or undertaking, is transferred to, or reemployed by, any other body corporate, or in any other cooperative society or undertaking, then, notwithstanding anything contained in section 25f, 25ff or 25fff of the industrial disputes act, 14 of , such transfer or reemployment shall not entitle him to any compensation under that section: provided that a the terms and conditions of service applicable to the workman after such transfer or reemployment are not less favourable to the workman than those applicable to him immediately before the transfer or reemployment and b the employer in relation to the body corporate, the cooperative society or the undertaking where the workman transferred or reemployed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f, 25ff or 25fff of the industrial disputes act, 14 of , on the basis that his service has been continuous and has not been interrupted by the transfer or reemployment.

section 59. of the northeastern areas reorganisation act : where the assets, rights and liabilities of anybody corporate carrying on business are, under the provisions of this part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and setoff in accordance with the provisions of chapter vi of the incometax act, 43 of , shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the central government in this behalf and, upon such appointnment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.

section 60. of the northeastern areas reorganisation act : 1 the government of the state of assam or meghalaya or, as the case may be, the central government in relation to the union territory of mizoram shall, in respect of the institutions specified in the seventh schedule located in that state or union territory, continue to provide facilities to any other government aforesaid and the people of the states and union territory aforesaid which shall not, in any respect, be less favourable to such government and people than what were being provided to them before the appointed day, for such period and upon such terms and conditions including those relating to any contributions to be made for the provision of such facilities as may be agreed upon between the said governments before the expiry of a period of one year from the appointed day or, if no agreement is reached before such expiry, as may be fixed by order of the central government. 2 the central government may at any time before the expiry of a period of one year from the appointed day, by notification in the official gazette, specify in the seventh schedule any other institution existing on the appointed day in the said states and union territory and on the issue of such notification, the said schedule shall be deemed to be amended by the inclusion of the said institution therein.

section 62. of the northeastern areas reorganisation act : every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of the administrator of the union territory of manipur, or the administrator of the union territory of tripura including a person who has been placed on deputation by the administrator concerned with any other authority, shall, unless otherwise directed by an order of the central government, be deemed to have been allocated for service as from that day in connection with the affairs of the state of manipur or, as the case may be, of the state of tripura: provided that no direction shall be issued under this section after the expiry of a period of one year from the appointed day.

section 63. of the northeastern areas reorganisation act : notwithstanding the provisions of section 62, every member of the central health service who immediately before the appointed day is holding any post in the union territory of manipur or the union territory of tripura, being a post included in the authorised strength of that service, shall, unless otherwise directed by the central government, be deemed to be on deputation on and from the appointed day, to the government of the state of manipur or, as the case may be, of the state of tripura on the same terms and conditions of service as are applicable to him under the central health service rules, , but without any deputation allowance: provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. explanation.in this section, central health service means the central health service constituted under the central health service rules, .

section 64. of the northeastern areas reorganisation act : 1 such persons serving in connection with the affairs of the existing state of assam including persons borne on any cadre of that state and serving under the government of the autonomous state of meghalaya or on deputation to any other government or authority as may be determined at any time before or after the appointed day, a by agreement between the government of the existing state of assam and the government of the autonomous state of meghalaya or between the government of the state of assam and the government of the state of meghalaya, as the case may be, or b in default of any such agreement, by the central government, may, notwithstanding anything in their terms of appointment or their conditions of service, i in a case referred to in clause a, by one or more orders made by the government of the existing state of assam or the government of the state of assam, as the case may be, or ii in a case referred to in clause b, by one or more orders made by the central government, be required to serve in connection with the affairs of the state of meghalaya and every such person shall accordingly be deemed to have been allocated to that state with effect from such date as may be specified in the order. 2 such persons serving in connection with the affairs of the existing state of assam including persons borne on any cadre of the existing state of assam and serving under the government of the autonomous state of meghalaya or on deputation to any other government or authority, as the central government may, at any time before or after the appointed day, determine after consultation with the government of the existing state of assam or the government of the state of assam, as the case may be, may, notwithstanding anything in the terms of their appointment or their conditions of service, by one or more orders made by the central government, be required to serve in connection with the administration of the union territory of mizoram, and every such person shall, accordingly, be deemed to have been allocated to the union with effect from such date as may be specified in the order: provided that every person borne on any cadre of the existing state of assam and serving in the mizo district immediately before the appointed day shall, unless otherwise directed by the administrator of the union territory of mizoram, continue to serve on and from the appointed day, in connection with the administration of that union territory until any order is made under this subsection in respect of such person or the expiry of a period of three years from the appointed day, whichever is earlier.

section 66. of the northeastern areas reorganisation act : 1 nothing in this section or sections 62 to 65 both inclusive shall be deemed to affect on or after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in relation to determination of conditions of service of persons serving in connection with the affairs of the state of manipur, meghalaya or tripura or the union territory of mizoram: provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the state of manipur or the state of tripura under section 62 or to the state of meghalaya under subsection 1 of section 64 or section 65 or to the union under subsection 2 of section 64 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person a if he is deemed to have been allocated to any state under section 62 or section 64 or section 65, shall be deemed to have been rendered in connection with the affairs of that state, b if he is deemed to have been allocated to the union in connection with the administration of the union territory of mizoram, shall be deemed to have been rendered in connection with the affairs of the union, for the purposes of the rules regulating his conditions of service. 3 the provisions of sections 62, 64 and 65 shall not apply in relation to members of any allindia service.

section 65. of the northeastern areas reorganisation act : every person who immediately before the appointed day is serving in connection with the affairs of the autonomous state of meghalaya including a person on deputation from the government of that autonomous state to any other government or authority, not being a person to whom section 64 applies, shall be deemed to have been allocated to serve as from that day in connection with the affairs of the state of meghalaya.

section 67. of the northeastern areas reorganisation act : 1 every person who, immediately before the appointed day is holding or discharging the duties of any post or office in connection with the administration of the union territory of manipur or union territory of tripura, shall continue to hold the same post or office in the state of manipur, or, as the case may be, in the state of tripura and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in the state concerned. 2 where a person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing state of assam and, as from the appointed day, such duties become duties in connection with the affairs of the state of meghalaya or administration of the union territory of mizoram, then, he shall continue to hold the same post or office in that state or union territory and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government or administrator of, or other appropriate authority in, that state or union territory, as the case may be. 3 where a person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the autonomous state of meghalaya and, as from the appointed day, such duties become duties in connection with the affairs of the state of meghalaya, then, he shall continue to hold the same post or office in the state of meghalaya and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, the state of meghalaya. 4 nothing in subsection 1 or subsection 2 or subsection 3 shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to any person referred to in that subsection any order affecting his continuance in such post or office.

section 68. of the northeastern areas reorganisation act : the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of any of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 72. of the northeastern areas reorganisation act : on and from the appointed day, in section 21a of the reserve bank of india act, , in subsection 1, the brackets and words in the fifth schedule to the constitution, in paragraph 1, for the words including the autonomous state of meghalaya shall be omitted.

section 69. of the northeastern areas reorganisation act : the central government may give such directions to the state governments of assam, manipur, meghalaya and tripura and to the administrator of the union territory of mizoram as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state governments and the administrator shall comply with such directions.

section 70. of the northeastern areas reorganisation act : 1 the public service commission for the existing state of assam shall, on and from the appointed day, be deemed to be the public service commission for the state of assam. 2 every person holding office immediately before the appointed day as chairman or other member of the public service commission for the existing state of assam shall, as from the appointed day, be the chairman or, as the case may be, the other member of the public service commission for the state of assam. 3 every person who becomes chairman or other member of the public service commission for the state of assam on the appointed day under subsection 2 shall a be entitled to receive from the government of the state of assam conditions of service not less favourable than those to which he was entitled under the provisions applicable to him immediately before the appointed day and b subject to the proviso to clause 2 of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day.

section 71. of the northeastern areas reorganisation act : on and from the appointed day a in article 210, in the proviso to clause 2, for the words legislature of the state of himachal pradesh, the words legislatures of the states of himachal pradesh, manipur, meghalaya and tripura shall be substituted b in article 239a, in clause 1, the words manipur, tripura, shall be omitted c in article 244, i in clause 1, for the words the state of assam, the words the states of assam and meghalaya shall be substituted ii in clause 2, for the words the state of assam, the words the states of assam and meghalaya and the union territory of mizoram shall be substituted d in article 244a, in clause 1, for the word and letter part a, the word and figure part i shall be substituted e in article 275, in clause a of the second proviso to clause 1, for the word and letter part a, the word and figure part i shall be substituted f in article 332, i in clause 5, the words except in the case of the constituency comprising the cantonment and municipality of shillong shall be omitted ii in clause 6, the words except from the constituency comprising the cantonment and municipality of shillong shall be omitted gin article 371b, for the word and letter part a, the word and figure part i shall be substituted hin the fifth schedule to the constitution, in paragraph 1, for the words state of assam, the words states of assam and meghalaya shall be substituted i the sixth schedule to the constitution shall stand amended as directed in the eighth schedule.

section 73. of the northeastern areas reorganisation act : on and from the appointed day, in section 47a of the road transport corporations act, , in the explanation to subsection 1, after clause ii, the following clause shall be inserted, namely: iii in relation to the assam state road transport corporation, shall mean the government of the state of assam or of meghalaya as formed under the northeastern areas reorganisation act, ..

section 75. of the northeastern areas reorganisation act : on and from the appointed day, in the government of union territories act, , a in clause h of subsection 1 of section 2, the words manipur, tripura, shall be omitted b in section 44, subsection 2 shall be omitted c section 52 shall be omitted.

section 74. of the northeastern areas reorganisation act : on and from the appointed day, in the states reorganisation act, , a for clause c of section 15, the following clause shall be substituted, namely: c the eastern zone, comprising the states of bihar, west bengal and orissa b in subsection 1 of section 16, clause d shall be omitted.

section 77. of the northeastern areas reorganisation act : the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and the territorial references in any such law to the existing state of assam or the autonomous state of meghalaya or the union territory of manipur or the union territory of tripura or the northeast frontier agency shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state or autonomous state or union territory or agency immediately before the appointed day.

section 76. of the northeastern areas reorganisation act : on and from the appointed day, a the manipur courts act, shall stand amended as directed in the ninth schedule b the tripura courts order, shall stand amended as directed in the tenth schedule.

section 78. of the northeastern areas reorganisation act : for the removal of doubt, it is hereby declared that all district councils and the regional council constituted under the provisions of the sixth schedule to the constitution and functioning immediately before the appointed day in the respective autonomous districts and in the autonomous region shall, as from that day, be deemed to have been constituted under the said schedule as amended by clause i of section 71, read with the eighth schedule and accordingly, a every such district council and the regional council shall, unless sooner dissolved, continue to function in the respective autonomous districts and in the autonomous region, notwithstanding that any such district or region ceases to be comprised in the territories of the state of assam, by virtue of the provisions of part ii and b every member of such district council or regional council shall continue to be a member thereof for the unexpired term of his office as such.

section 80. of the northeastern areas reorganisation act : 1 notwithstanding that no provision or insufficient provision has been made under section 79 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of assam, manipur, meghalaya or tripura or to the union territory of mizoram or arunachal pradesh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. 2 any reference to the high court of assam or the high court of assam and nagaland or to the court of the judicial commissioner for manipur or the court of the judicial commissioner for tripura in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the common high court.

section 79. of the northeastern areas reorganisation act : for the purpose of facilitating the application of any law in relation to any of the states of union territories formed or established by the provisions of part ii, the appropriate government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression the appropriate government means a as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government and b as respects any other law, i in its application to a state, the state government, and ii in its application to a union territory, the central government.

section 82. of the northeastern areas reorganisation act : 1 where immediately before the appointed day the union is a party to any legal proceedings with respect to any property, right or liability and such property, right or liability devolves on the state of manipur or the state of tripura under this act, then, the state of manipur or, as the case may be, the state of tripura shall be deemed to be substituted for the union as a party to those proceedings and the proceedings may continue accordingly. 2 where immediately before the appointed day the autonomous state of meghalaya is a party to any legal proceedings with respect to any property, right or liability of that state, and such property, right or liability devolves on the state of meghalaya under this act, then, the state of meghalaya shall be deemed to be substituted for the autonomous state of meghalaya as a party to those proceedings and the proceedings may continue accordingly. 3 where immediately before the appointed day the existing state of assam is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this act, the successor state, which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act, shall be deemed to be substituted for the existing state of assam as a party to those proceedings or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 81., for exercising statutory functions. of the northeastern areas reorganisation act : the central government, as respects the union territory of mizoram or arunachal pradesh and the state government as respects any new state established or formed by the provisions of part ii may, by notification in the official gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

section 83. of the northeastern areas reorganisation act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing state of assam shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the state of meghalaya or to a union territory.

section 84. of the northeastern areas reorganisation act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within a state or union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another state or union territory, stand transferred to the corresponding court, tribunal, authority or officer in that other state or union territory, as the case may be. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the common high court and the decision of that high court shall be final. 3 in this section,, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state or a union territory means i the court, tribunal, authority or officer in that state or union territory in which or before whom the proceeding would have lain if it had been instituted after the appointed day or ii in case of doubt, such court, tribunal, authority or officer in that state or union territory as may be determined after the appointed day by the government of that state or the central government, as the case may be, or before the appointed day by the government of the existing state of assam or the government of the autonomous state of meghalaya or the central government, as the case may be, to be the corresponding court, tribunal, authority or officer.

section 87a. of the northeastern areas reorganisation act : 187a. power to remove difficulties.1 if any difficulty arises in giving effect to the provisions of this act, as amended by the northeastern areas reorganisation and other related laws amendment act, , the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty: provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of the northeastern areas reorganisation and other related laws amendment act, . 2 every order made under this section shall be laid before each house of parliament. 1. ins. by act 26 of , s. 8 w.e.f. .

section 85. of the northeastern areas reorganisation act : all courts and tribunals and all authorities discharging lawful functions throughout the existing state of assam or the union territory of manipur or the union territory of tripura or any part of such state or union territory immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions.

section 88. of the northeastern areas reorganisation act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days 1 which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 8 of , s. 3, for which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following w.e.f. .

section 86. of the northeastern areas reorganisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 87. of the northeastern areas reorganisation act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before each house of parliament.

section 8. of the geneva conventions act : 1 the court before which a a protected prisoner of war is brought up for trial for any offence or b a protected internee is brought up for trial for an offence for which that court has power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in the next following subsection, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power if there is a protecting power and, if the accused is a protected prisoner of war on the accused and the prisoners representative. 2 the particulars referred to in the foregoing subsection are a the full name and description of the accused, including the date of his birth and his profession or trade, if any, and if the accused is a protected prisoner of war, his rank and arm, regimental, personal or serial number b his place of detention, internment or residence c the offence with which he is charged and d the court before which the trial is to take place and the time and place appointed for the trial. 3 for the purposes of this section a document purporting a to be signed on behalf of the protecting power or by the prisoners representative or by the person accused, as the case may be and b to be an acknowledgment of the receipt by that power, representative or person on a specified day of a notice described therein as a notice under this section, shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection 1 was served on that power, representative or person on that day. 4 in this section, the expression prisoners representative in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners representative within the meaning of article 79 of the third convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war. 5 any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other law, authorise the detention of the accused in such custody as it may think fit for the period of the adjournment.

section 1. of the geneva conventions act : 1 this act may be called the geneva conventions act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 14th august, , vide notification no. s.r.o. 222e, dated 2nd august, , see gazette of india, extraordinary, part ii, sec. 4ii.

section 2. of the geneva conventions act : in this act, unless the context otherwise requires, a conventions means the conventions set out in the schedules and the first convention, the second convention, the third convention and the fourth convention mean the conventions set out in the first, second, third and fourth schedules, respectively b court does not include a courtmartial or military court c protected internee means a person protected by the fourth convention and interned in india d protecting power, in relation to a protected internee or a protected prisoner of war, means the power or organisation which is carrying out, in the interests of the power of which he is a national or of whose forces he is or was at any material time a member, the duties assigned to protecting powers under the third convention or, as the case may be, the fourth convention e protected prisoner of war means a person protected by the third convention.

section 7. of the geneva conventions act : the army act, 46 of , the air force act, 45 of , or the navy act, 62 of , relating to trial by courtmartial of persons who commit civil offences shall have effect for the purposes of the jurisdiction of courtsmartial as if this chapter had not been passed.

section 4. of the geneva conventions act : when an offence under this chapter is committed by any person outside india, he may be dealt with in respect of such offence as if it had been committed at any place within india at which he may be found.

section 3. of the geneva conventions act : 1 if any person within or without india commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the conventions he shall be punished, a where the offence involves the wilful killing of a person protected by any of the conventions, with death or with imprisonment for life and b in any other case, with imprisonment for a term which may extend to fourteen years. 2 subsection 1 applies to persons regardless of their nationality or citizenship. 3 for the purposes of this section, a a grave breach of the first convention is a breach of that convention involving an act referred to in article 50 of that convention committed against persons or property protected by that convention b a grave breach of the second convention is a breach of that convention involving an act referred to in article 51 of that convention committed against persons or property protected by that convention c a grave breach of the third convention is a breach of that convention involving an act referred to in article 130 of that convention committed against persons or property protected by that convention and d a grave breach of the fourth convention is a breach of that convention involving an act referred to in article 147 of that convention committed against persons or property protected by that convention.

section 5. of the geneva conventions act : no court inferior to that of a chief presidency magistrate or a court of session shall try any offence punishable under this chapter.

section 12. of the geneva conventions act : no person shall, without the approval of the central government, use for any purpose whatsoever a the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation red cross or geneva cross b the emblem of a red crescent moon on , and completely surrounded by, a white ground, or the designation red crescent c the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lions back, the upper half of the sun shooting forth rays, or the designation red lion and sun d the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the swiss confederation or e any design or wording so nearly resembling any of the emblems or designations specified in the preceding clauses of this section as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

section 6. of the geneva conventions act : if in any proceeding under this chapter in respect of a grave breach of any of the conventions a question arises under article 2 of that convention which relates to the circumstances in which the convention applies, a certificate under the hand of a secretary to the government of india certifying to any matter relevant to that question shall be conclusive evidence of the matter so certified.

section 13. of the geneva conventions act : if any person contravenes any of the provisions of section 12, he shall be punishable with fine which may extend to five hundred rupees, and be liable to forfeit any goods upon or in connection with which the emblem, designation, design or wording was used by that person.

section 14. of the geneva conventions act : 1 if the person committing an offence under this chapter is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that, nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals, and b director in relation to a firm means a partner in the firm

section 9. of the geneva conventions act : 1 the court before which a any person is brought up for trial for an offence under section 3 of this act or b a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless i the accused is represented by a legal practitioner and ii it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the legal practitioner, and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may authorise the detention of the accused in such custody as it may think fit for the period of the adjournment. 2 where the accused is a protected prisoner of war, in the absence of a legal practitioner accepted by the accused as representing him, the legal practitioner instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of clause ii of the foregoing subsection, be regarded for the purposes of that subsection as representing the accused. 3 if the court adjourns the trial in pursuance of subsection 1 by reason that the accused is not represented by a legal practitioner, the court shall direct that a legal practitioner be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of a legal practitioner either accepted by the accused as representing him or instructed as mentioned in the last foregoing subsection, the legal practitioner assigned in pursuance of this subsection shall, without prejudice to the requirements of clause ii of subsection 1, be regarded for the purposes of that subsection as representing the accused. 4 a legal practitioner shall be assigned in pursuance of subsection 3 in such manner as may be provided in the rules made under this act or, in the absence of provisions in the rules, as the court directs, and the legal practitioner so assigned shall be entitled to such fees as may be provided in the rules made under this act.

section 16. of the geneva conventions act : the provisions of this chapter extend to the use in or outside india of any emblem, designation, design or wording as is referred to in section 12 on any indian ship or aircraft.

section 10. of the geneva conventions act : 1 where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years or more, any time allowed in relation to the institution of an appeal against the conviction or sentence shall be deemed to continue to run until the day on which the convicted person receives a notice given, a in the case of a protected prisoner of warby an officer in the armed forces or b in the case of a protected interneeby or on behalf of the governor or other person in charge of the prison or place in which he is confined, that the protecting power has been notified of his conviction and sentence, and for such further time as would have been within the time allowed if the conviction or sentence had taken place or been pronounced on that day. 2 where, after an appeal against the conviction or sentence by a court of a protected prisoner of war or a protected internee has been decided, the sentence remains a sentence of death, or remains or has become a sentence of imprisonment for a term of two years or more, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in clause a or clause b of the last preceding subsection, as the case may require, that the protecting power has been notified of the decision of the court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day. 3 where subsection 1 applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and a provision of any law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his conviction or sentence is possible without an extension of time other than the extension provided by the last preceding subsection. 4 subsections 1, 2 and 3 shall not apply in relation to an appeal against a conviction or sentence, or against the decision of a court upon a previous appeal, if, at the time of the conviction or sentence, or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power.

section 11. of the geneva conventions act : 1 when a protected prisoner of war or a protected internee is convicted of an offence, the court shall, a in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial and b in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account. 2 where the central government is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than three months, the central government may direct that the prisoner shall be transferred from that custody to the custody of an officer of the armed forces of the union and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed for his trial.

section 19. of the geneva conventions act : every rule made by the central government under this act shall be laid as soon as may be after it is made or issued before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 20. of the geneva conventions act : 1 the geneva convention implementing act, 14 of , is hereby repealed. 2 the geneva convention act, 1 and 2 geo. 5, c. 20, shall cease to have effect as part of the law of india.

section 15. of the geneva conventions act : in the case of a trade mark registered before the coming into force of this act, the foregoing provisions of this chapter shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in clause b or clause c of section 12 and where a person is charged with using such a design or wording for any purpose and it is proved that he used it otherwise than as, or as part of, a trade mark so registered, it shall be a defence for him to prove a that he lawfully used that design or wording for that purpose before the coming into force of this act or b in a case where he is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the coming into force of this act.

section 17. of the geneva conventions act : no court shall take cognizance of any offence under this act except on complaint by the government or of such officer of the government as the central government may, by notification in the official gazette, specify.

section 18. of the geneva conventions act : the central government may, by notification in the official gazette, make rules for the purpose of carrying into effect the provisions of this act.

section 8. of the delhi primary education act : it shall be the duty of the attendance authority to notify the parent of every child to whom the declaration under section 4 applies that he is under an obligation to cause the child to attend an approved school with effect from the beginning of the next academic year.

section 1. of the delhi primary education act : 1 this act may be called the delhi primary education act, . 2 it extends to the union territory of delhi. 3 it shall come into force on such date 1 as the state government may, by notification in the official gazette, appoint. 1. 2nd october, , vide notification no. s.o. e, dated 27th september, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the delhi primary education act : in this act, unless the context otherwise requires, a academic year means the year beginning on such date as a local authority may specify with respect to any specified area or with respect to approved schools generally or any approved school or class of approved schools in particular within its jurisdiction b approved school means any school in any specified area within the jurisdiction of a local authority imparting primary education which i is under the management of the state government or the local authority, or ii being under any other management, is recognised by the local authority as an approved school for the purposes of this act c attendance authority means any person appointed to be an attendance authority under section 7 d to attend an approved school means to be present for instruction at an approved school on so many days in a year and at such time or times on each one of those days as may be fixed by the local authority concerned e child means a boy or girl within such age group, not being less than six or more than fourteen, as may be specified in a declaration made under section 4 f local authority means the municipal corporation of delhi, the new delhi municipal committee and the delhi cantonment board g parent, in relation to any child, includes a guardian and every person who has the actual custody of the child h prescribed means prescribed by rules made under this act i primary education means education up to such class or standard, not beyond the eighth class or standard, as may be prescribed j rural areas shall have the meaning assigned to it in section 2 of the delhi municipal corporation act, 66 of k special school means any institution which imparts such primary education as is in the opinion of the state government suitable for children suffering from any physical or mental defect l specified area means any area within the jurisdiction of a local authority in which primary education is declared by that authority to be compulsory under section 4.

section 4. of the delhi primary education act : 1 on receipt of sanction under subsection 4 of section 3, the local authority shall give effect to the scheme so sanctioned by means of a declaration that with effect from the first day of the next academic year primary education shall be compulsory in any area specified in the declaration for children ordinarily resident in that area and within such age group and up to such class or standard as may be specified in the declaration. 2 every declaration under subsection 1 shall a be published in the official gazette and in such other manner as the local authority may decide b be so made as to ensure that there is an interval of not less than one hundred and twenty days between the date of the publication of the declaration and the first day of the next academic year.

section 7. of the delhi primary education act : 1 the local authority may appoint as many persons as it thinks fit to be attendance authorities for the purposes of this act, and may also appoint as many persons as it considers necessary to assist the attendance authorities in the discharge of their duties. 2 in the exercise of any of the powers conferred by or under this act, the attendance authority or any person appointed to assist the attendance authority may put such questions to any parent or require any parent to furnish such information, about his child as it or he considers necessary, and every such parent shall be bound to answer such questions or to furnish such information, as the case may be, to the best of his knowledge or belief.

section 10. of the delhi primary education act : for the purposes of this act, any of the following circumstances shall be deemed to be a reasonable excuse for the nonattendance of a child at an approved school, a that there is no approved school within the prescribed distance from his residence b that the child is receiving instruction in some other manner which is declared to be satisfactory by the state government or by an officer authorised by it in this behalf c that the child has already completed primary education up to the class or standard specified in the declaration under section 4 d that the child suffers from a physical or mental defect which prevents him from attendance e that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority f such other circumstance as may be prescribed.

section 3. of the delhi primary education act : 1 it shall be the duty of every local authority to provide for compulsory primary education for children ordinarily resident within its jurisdiction, and for this purpose it shall, from time to time, submit to the state government such proposals in the form of a scheme as it may think fit providing for such compulsory primary education in the whole or any part of the area within its jurisdiction for children of such ages and up to such class or standard as it may decide. 2 notwithstanding anything contained in subsection 1, the state government may, at any time, call upon a local authority to submit to it within such time as may be specified a scheme for compulsory primary education in such area within the jurisdiction of the local authority for children ordinarily resident therein, and of such ages and up to such class or standard, as the state government may specify. 3 the scheme submitted under subsection 1 or subsection 2 shall be in such form as the state government may specify and shall contain the following particulars, a the area in which primary education shall be compulsory b the approximate number of children to whom the scheme will apply, classified according to age and mothertongue c a list of existing approved schools and the schools, if any, proposed to be opened for the purpose, classified by languages in which instruction is given or is proposed to be given d the number of teachers already employed and the additional staff proposed to be recruited e the recurring and nonrecurring cost of the scheme and f such other particulars as may be prescribed. 4 the state government may, after making such inquiry as it may consider necessary, sanction with or without modifications the scheme submitted by the local authority under subsection 1 or subsection 2.

section 9. of the delhi primary education act : it shall be the duty of the parent of every child to cause the child to attend an approved school unless there be a reasonable excuse for his nonattendance within the meaning of section 10.

section 6. of the delhi primary education act : it shall be the duty of the local authority to cause to be prepared as early as possible after the publication of a declaration under section 4, and in such manner as may be prescribed, a list of children in any specified area and the local authority shall cause the list to be revised at such intervals as may be prescribed.

section 11. of the delhi primary education act : if there is in existence a special school within the prescribed distance from the residence of a child who is suffering from a physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school and it shall be the duty of the parent of such child to cause the child to attend the special school unless there be a reasonable excuse for the nonattendance of the child within the meaning of clause e of section 10.

section 12. of the delhi primary education act : 1 if the attendance authority is satisfied that a child, due to economic or other circumstances connected with the family to which the child belongs, is unable to attend an approved school in the manner required by or under this act, it may, by order and subject to such conditions, if any, as it may think fit to impose, permit the child to attend any approved school established as a parttime institution or in which primary education is imparted on a parttime basis. 2 any parent who causes a child in respect of whom an order under subsection 1 has been made to attend an approved school in the manner specified in the order shall be deemed to have complied with the provisions of this act.

section 5. of the delhi primary education act : the state government shall, in respect of every scheme sanctioned under subsection 4 of section 3 or prepared under subsection 1 of section 17, bear such part of the recurring and nonrecurring cost of the scheme as it may from time to time determine.

section 13. of the delhi primary education act : 1 whenever the attendance authority has reason to believe that the parent of a child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the nonattendance of the child within the meaning of section 10, it shall hold an inquiry in the prescribed manner. 2 if as a result of the inquiry the attendance authority is satisfied that the child is liable to attend an approved school under this act and that there is no reasonable excuse for his nonattendance within the meaning of section 10, it shall pass an attendance order in the prescribed form directing the parent to cause the child to attend theapproved school with effect from the date specified in the order. 3 an attendance order passed against a parent in respect of his child under this section shall, subject to the provisions of subsection 6, remain in force for so long as this act continues to apply to the child. 4 if any parent against whom an attendance order has been passed in respect of his child under subsection 2 transfers the custody of the child to another person during the period in which the attendance order is in force, such parent shall be bound to immediately inform the attendance authority in writing of such transfer. 5 where an attendance order has been passed against a parent in respect of his child under this section, such order shall have effect in relation to every other person to whom the custody of the child may be transferred during the period in which the attendance order is in force as it has effect in relation to the person against whom it is passed. 6 a parent may at any time apply to the attendance authority for cancellation of an attendance order on the ground i that he is no longer the parent in respect of the child or ii that circumstances have arisen which provide a reasonable excuse for nonattendance and thereupon the attendance authority may, after holding an inquiry in the prescribed manner, cancel or modify the attendance order.

section 17. of the delhi primary education act : 1 if any local authority when called upon to submit a scheme under subsection 2 of section 3 fails so to do, or, after a scheme has been sanctioned under subsection 4 of section 3 fails to give effect to a scheme as so sanctioned, whether wholly or in part, the state government may, after making such inquiry as it may consider necessary and after giving an opportunity to the local authority to be heard in the matter, appoint any person to prepare the scheme or to give effect to it, as the case may be, and may direct that such part of the expenses as that government may determine shall be defrayed out of the funds belonging to the local authority. 2 where any such direction as is referred to in subsection 1 is issued, any person who has for the time being the custody of any moneys on behalf of the local authority, either as a banker or in any other capacity, shall, notwithstanding anything contained in any law for the time being in force, be bound to comply with such direction.

section 14. of the delhi primary education act : no person shall employ a child in a manner which shall prevent the child from attending an approved school.

section 21. of the delhi primary education act : no court shall take cognizance of an offence under this act except on the complaint of an attendance authority or any other person authorised in this behalf by the local authority by general or special order.

section 15. of the delhi primary education act : 1 no fee shall be levied in respect of any child for attending an approved school which is under the management of the state government or a local authority. 2 where, in respect of any child an attendance order has been passed under section 13 and the only school which he can attend is an approved school under private management falling within subclause ii of clause b of section 2, the local authority shall take such steps as it may think fit for the purpose of ensuring that the primary education which the child is to receive is free.

section 22. of the delhi primary education act : the attendance authority, every person appointed to assist the attendance authority under subsection 1 of section 7 and every person authorised to make complaints under section 21 shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 16. of the delhi primary education act : the age of a child for the purposes of this act shall be computed in terms of years completed by the child on or before the first day of the academic year: provided that where the birthday of a child falls on a day not later than sixty days from the first day of the academic year, the birthday shall be deemed to fall on the first day of the academic year for the purpose of computing the age of the child.

section 18. of the delhi primary education act : 1 if any parent fails to comply with an attendance order passed under section 13. he shall be punishable with fine not exceeding two rupees, and, in the case of a continuing contravention, with an additional fine not exceeding fifty naye paise for every day during which such contravention continues after conviction for the first of such contraventions: provided that the amount of fine payable by any one person in respect of any child in any one year shall not exceed fifty rupees. 2 if any person fails to furnish any information as required by subsection 4 of section 13, he shall be punishable with fine which may extend to twentyfive rupees.

section 19. of the delhi primary education act : if any person contravenes the provisions of section 14, he shall be punishable with fine which may extend to twentyfive rupees and, in the case of a continuing contravention, with an additional fine not exceeding one rupee for every day during which such contravention continues after conviction for the first of such contraventions.

section 23. of the delhi primary education act : no suit, prosecution or other legal proceeding shall lie against the government or any authority or person in respect of anything which is in good faith done or intended to be done under this act.

section 20. of the delhi primary education act : 1 the courts competent to try offences under this act shall be the following, a in rural areas to which the delhi panchayat raj act, delhi act iii of extends, the panchayati adalat, constituted under section 50 of that act, within whose jurisdiction the person committing the offence resides b in other areas, the court of a magistrate having jurisdiction. 2 any offence triable by the panchayati adalat shall be tried in the manner provided for the trial of criminal cases by the delhi panchayat raj act, delhi act iii of , and any offence triable by a magistrate shall be tried in a summary way.

section 26. of the delhi primary education act : on the date on which primary education becomes compulsory in any specified area, the punjab primary education act, punjab act xviii of as in force in the union territory of delhi shall stand repealed in such area.

section 24. of the delhi primary education act : 1 the state government may, by notification in the official gazette and subject to such conditions, if any, as may be specified in the notification, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on the state government by or under this act. 2 a local authority may, by general or special order and with the previous approval of the state government, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on a local authority by or under this act.

section 25. of the delhi primary education act : 1 the state government may, by notification in the official gazette and subject to the condition of previous publication, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the class or standard education up to which shall be considered as primary education b the particulars to be contained in any scheme submitted under this act, including particulars relating to the provision made or to be made in any area for the establishment of special schools or of schools imparting primary education on a parttime basis or for the supply of food or refreshments, books, writing materials, uniforms or other necessary amenities, to children while attending school c the manner in which lists of children may be prepared in any specified area under section 6, the intervals at which the lists shall be kept revised and persons with whose assistance such lists shall be prepared d the functions to be performed, and the manner in which such functions may be performed, by attendance authorities e the distance beyond which a child may not be compelled to attend an approved school f the circumstances which may be regarded as reasonable excuses for the nonattendance of a child within the meaning of section 10 g the manner in which any inquiry under this act may be held h the form in which an attendance order under this act may be passed i the registers, statements and other information to be maintained or furnished by approved schools for the purposes of this act j any other matter which has to be, or may be, prescribed under this act. 3 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the tripura land revenue and land reforms act : it shall be lawful for the administrator to appoint one and the same person to any two or more of the offices provided for in this chapter, to make any appointment by virtue of office and also to confer on any officer of the government all or any of the powers and duties of any of the revenue officers including the collector.

section 1. of the tripura land revenue and land reforms act : 1 this act may be called the tripura land revenue and land reforms act, . 2 it extends to the whole of the union territory of tripura. 3 it shall come into force on such date as the administrator may, by notification in the official gazette, appoint and different dates may be appointed for different areas and for different provisions of this act.

section 2. of the tripura land revenue and land reforms act : in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of tripura b agriculture includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding, grazing and pisciculture c basic holding means land used for agricultural purposes which is equal to two standard acres in area d collector means the collector of the district and includes any officer appointed by the administrator to exercise and perform all or any of the powers and functions of a collector under this act e commencement of this act, in relation to any provision, means the date specified in respect of that provision in a notification under subsection 3 of section 1 f competent authority, in relation to any provision, means any officer appointed by the administrator to be the competent authority for the purpose of that provision g family except in chapter xiii means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a joint hindu family, any member of such family h family holding means land used for agricultural purposes which is equal to 6.4 standard acres in area i government means the central government j holding means a parcel of land separately assessed to land revenue k improvement, in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the character thereof and includes i the construction of tanks, wells, water channels and other works for the storage, supply and distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture ii the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water iii the preparation of land for irrigation iv the conversion of onecrop into twocrop land v the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes vi the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the underraiyat, his family and servants or of a cattle shed, a storehouse or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land and vii the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs l minor means a person who is deemed not to have attained majority under the indian majority act, 9 of m official gazette means the tripura gazette n pay, payable and payment, used with reference to rent, include deliver, deliverable and delivery o person under disability means i a widow ii a minor iii a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item iv or v iv a member of the armed forces of the union v a person incapable of cultivating land by reason of some physical or mental disability p personal cultivation, with its grammatical variations and cognate expressions, means cultivation by a person on his own account i by his own labour, or ii by the labour of any member of his family, or iii by servants or by hired labour on wages, payable in cash or in kind but not as a share of produce, under his personal supervision or the personal supervision of any member of his family explanation i. land shall not be deemed to be cultivated under the personal supervision of a person or a member of his family unless such person or member resides in the village in which the land is situated or in a nearby village situated within a distance to be prescribed, during the major part of the agricultural season explanation ii. in the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision q prescribed means prescribed by rules made under this act r public purpose includes a purpose connected with allotment of land to cultivators, underraiyats ejected as a result of resumption, landless agricultural workers or cooperative farming societies s raiyat means a person who owns land for purposes of agriculture paying land revenue to the government and includes the successorsininterest of such person t rent means whatever is lawfully payable, in money or in kind, or partly in money and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue u standard acre means one acre of lunga or nal or three acres of tilla land v underraiyat means a person who cultivates or holds the land of a raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of a raiyat under the system generally known as bhag, adhi or barga w village means any tract of land which, before the commencement of this act, was recognised as or was declared to be a village under any law for the time being in force or which may after such commencement be recognised as a village at any settlement or which the administrator may, by notification in the official gazette, declare to be a village x year means the agricultural year commencing on such date as the administrator may, in the case of any specified area, by notification in the official gazette, appoint.

section 5. of the tripura land revenue and land reforms act : 1 each district shall be placed under the charge of a collector who shall be in charge of the revenue administration of the district and exercise the powers and discharge the duties of the collector under this act or any other law for the time being in force and shall exercise so far as is consistent therewith such other powers of superintendence and control within the district and over the officers subordinate to him as may from time to time be prescribed. 2 each subdivision shall be placed under the charge of a subdivisional officer. 3 each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar, as the case may be. 4 the duties and powers of the subdivisional officers, the circle officers and other revenue officers shall be such as may be imposed or conferred on them by or under this act or any other law in force for the time being or any general or special order of the administrator published in the official gazette.

section 6. of the tripura land revenue and land reforms act : the officers specified in items b, d and e of section 4 shall have power to take cognizance of all matters connected with the survey of land and the settlement of the revenuerates and the preparation and maintenance of land records and other registers and shall exercise all such powers and perform all such duties as may be prescribed by or under this act or by any general or special order of the administrator published in the official gazette.

section 9. of the tripura land revenue and land reforms act : all appointments made under this chapter except appointments of revenue inspectors, tehsildars and village accountants and other village officers and servants shall be notified in the official gazette.

section 7. of the tripura land revenue and land reforms act : all revenue officers shall be subordinate to the administrator and all revenue officers in the district or a subdivision shall be sub ordinate to the collector or the subdivisional officer, as the case may be.

section 4. of the tripura land revenue and land reforms act : the government or such other officer as may be authorised by the government in this behalf may appoint the following classes of revenue officers, namely: a collector, b director of settlement and land records, c subdivisional officers, d survey and settlement officers, e assistant survey and settlement officers, f circle officers, g revenue inspectors, h tehsildars, i village accountants and such other village officers and servants as may be specified by rules made under this act.

section 3. of the tripura land revenue and land reforms act : 1 the administrator may, with the previous concurrence of the government, by notification in the official gazette, divide the union territory of tripura into one or more districts, and may similarly divide any district into subdivisions, circles and tehsils, and may alter the limits of, or abolish, any district, subdivision, circle or tehsil. 2 the districts, subdivisions, circles and tehsils existing at the commencement of this act shall continue respectively to be the districts, subdivisions, circles and tehsils under this act unless otherwise provided under subsection 1.

section 10. of the tripura land revenue and land reforms act : the administrator shall, from time to time, by notification in the official gazette, specify the revenue officers who shall use a seal and also the size and description of the seal which each such officer shall use.

section 11. of the tripura land revenue and land reforms act : 1 all lands, public roads, lanes and paths and bridges, ditches, dikes, and fences on or beside the same, the beds of rivers, streams, nallas, lakes and tanks, and all canals and water courses, and all standing and flowing water, and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the government. 2 unless it is otherwise expressly provided in the terms of a grant made by the government, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the government, and it shall have all the powers necessary for the proper enjoyment of such rights. 3 where any property or any right in or over any property is claimed by or on behalf of the government, or by any person as against the government and the claim is disputed, such dispute shall be decided by the collector whose order shall, subject to the provisions of this act, be final. 4 any person aggrieved by an order made under subsection 3 or in appeal or revision therefrom may institute a civil suit to contest the order within a period of six months from the date of such order and the decision of the civil court shall be binding on the parties.

section 18. of the tripura land revenue and land reforms act : every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof, not being less than one acre in extent, is lost by diluvion.

section 12. of the tripura land revenue and land reforms act : 1 the right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, vests in the government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be prescribed, keeping in view the interests of the people in the area with regard to the user of the natural products. 2 all road side trees which have been planted and reared by or under the orders or at the expense of the government and all trees which have been planted and reared at the expense of local authorities by the side of any road belonging to the government vest in the government.

section 13. of the tripura land revenue and land reforms act : subject to rules made in this behalf under this act, the collector may set apart land belonging to the government for pasturage for the village cattle, for forest reserves or for any other purpose.

section 17. of the tripura land revenue and land reforms act : all alluvial lands, newly formed islands, or abandoned river beds, which vest under any law for the time being in force in any holder of land shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds unless the area of the same exceeds one acre.

section 14. of the tripura land revenue and land reforms act : 1 the collector may allot land belonging to the government for agricultural purposes or for construction of dwelling houses, in accordance with such rules as may be made in this behalf under this act and such rules may provide for allotment of land to persons evicted under section 15. 2 the administrator shall have power a to allot any such land for the purpose of an industry or for any purpose of public utility on such conditions as may be prescribed, or b to entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force.

section 15. of the tripura land revenue and land reforms act : 1 any person who occupies or continues to occupy any land belonging to government without lawful authority shall be regarded as a trespasser and may be summarily evicted therefrom by the competent authority and any building or other construction erected or anything deposited on such land, if not removed within such reasonable time as such authority may from time to time fix for the purpose, shall be liable to be forfeited to the government and to be disposed of in such manner as the competent authority may direct: provided that the competent authority may, in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof. 2 such trespasser shall also be liable by way of penalty to pay a sum which may extend to six times the annual assessment on such land as may be specified by the competent authority and such sum shall be recoverable in the same manner as an arrear of land revenue. 3 upon payment of the penalty referred to in subsection 2, the trespasser shall have the right of tending, gathering and removing any ungathered crops.

section 21. of the tripura land revenue and land reforms act : the administrator may, in accordance with the rules made in this behalf under this act, grant a remission or suspension of land revenue in years in which crops have failed in any area.

section 22. of the tripura land revenue and land reforms act : 1 the following persons shall be primarily liable for the payment of land revenue assessed on land, namely: a the person to whom the land belongs b the underraiyat or any other person in possession of the land, provided that such underraiyat or other person shall be entitled to credit from the owner of the land for the amount paid by him 2 where there are two or more persons liable to pay land revenue under subsection 1, all of them shall be jointly and severally liable for its payment

section 16. of the tripura land revenue and land reforms act : 1 all lands, to whatever purpose applied, are liable to payment of land revenue to the government. 2 the administrator may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force or the rules made under this act.

section 23. of the tripura land revenue and land reforms act : every revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same.

section 24. of the tripura land revenue and land reforms act : the operations carried out in accordance with the provisions of this chapter in order to determine or revise the land revenue payable on lands in any local area are called a revenue survey, the results of the operations are called a settlement and the period during which such results are to be in force is called the term of settlement.

section 19. of the tripura land revenue and land reforms act : 1 the assessment of land revenue on any land shall be made, or shall be deemed to have been made, with respect to the use of the land a for purposes of agriculture b for industrial or commercial purposes c as sites for dwelling houses d for any other purpose. 2 where, land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate in accordance with the rules made under this act.

section 26. of the tripura land revenue and land reforms act : whenever the administrator thinks it expedient so to do, he may, with the approval of the government, by notification in the official gazette, direct the revenue survey of any local area with a view to the settlement of the land revenue and to the preparation of a record of rights connected therewith or the revision of any existing settlement or record of rights.

section 27. of the tripura land revenue and land reforms act : a survey officer deputed to conduct or take part in any revenue survey may, by special order or by general notice to be published in the prescribed manner, require the attendance of holders of lands to assist in the measurement or classification of the lands to which the revenue survey extends and, when hired labour is employed for purposes incidental to the revenue survey, may assess and apportion the cost thereof on the lands surveyed, for collection as land revenue due on such lands.

section 20. of the tripura land revenue and land reforms act : 1 if any person holding land for any purpose wishes to divert such land or any part thereof to any other purpose except agriculture, he shall apply for permission to the competent authority who may, subject to the provisions of this section and to the rules made under this act, refuse permission or grant it on such conditions as it may think fit. 2 permission to divert may be refused by the competent authority only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under subsection 3. 3 conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality. 4 if any land has been diverted without permission by the holder or by any other person with or without the consent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding one hundred rupees, and may proceed in accordance with the provisions of subsection 1 as if an application for permission to divert has been made. 5 if any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing subsections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. the competent authority may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and a further penalty not exceeding four rupees for each day during which such contravention continues. 6 if any person served with a notice under subsection 5, fails within the period stated in the notice to take the steps ordered by the competent authority under that subsection, the competent authority may itself take such steps or cause them to be taken and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue. explanation. diversion in this section means using land assessed to one purpose for any other purpose, but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.

section 25. of the tripura land revenue and land reforms act : 1 as soon as may be after the commencement of this act, the administrator shall take steps to institute and shall cause to be constantly maintained, in accordance with the rules made under this act, an inquiry into the profits of agriculture and into the value of land used for agricultural and nonagricultural purposes. 2 for the purpose of determining the profits of agriculture, the following matters shall be taken into account in estimating the cost of cultivation, namely: a the depreciation of stock and buildings b the money equivalent of the labour and supervision by the cultivator and his family c all other expenses usually incurred in the cultivation of the land which is under inquiry and d interest on the cost of buildings and stock, on all expenditure for seed and manure and on the cost of agricultural operations paid for in cash.

section 31. of the tripura land revenue and land reforms act : it shall be the duty of the survey officer or the settlement officer on the occasion of making or revising a settlement of land revenue to prepare a register to be called the settlement register, showing the area and assessment of each survey number, with any other particulars that may be prescribed, and other records in accordance with such orders as may from time to time be made in this behalf by the administrator.

section 28. of the tripura land revenue and land reforms act : subject to the rules made in this behalf under this act, the survey officer may a divide the lands to which the revenue survey extends into villages and the villages into plots and survey numbers and b recognise the existing villages and survey numbers, reconstitute them or form new survey numbers.

section 29. of the tripura land revenue and land reforms act : the survey officer may subdivide survey numbers into as many subdivisions as may be required in the manner prescribed.

section 34. of the tripura land revenue and land reforms act : 1 the administrator may confirm the table of revenuerates submitted to him by the settlement officer with such modifications, if any, as he may consider necessary. 2 the table of revenuerates confirmed under subsection 1 shall be finally published in the official gazette.

section 36. of the tripura land revenue and land reforms act : when the revenuerates are determined under this chapter in respect of any area, such rates shall take effect from the beginning of the year next after the date of final publication of the table of revenuerates under section 34.

section 33. of the tripura land revenue and land reforms act : 1 the settlement officer shall prepare a table of revenuerates in the prescribed form and publish it in the prescribed manner for the prescribed period. 2 any person objecting to any entry in the table of revenuerates may present a petition in writing to the settlement officer within the prescribed period and the settlement officer shall consider such objections after giving a hearing to the objector. 3 the settlement officer shall submit the table of revenuerates to the administrator together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of his proposals.

section 30. of the tripura land revenue and land reforms act : the administrator may at any time direct the determination or the revision of the revenuerates for all lands in any area of which a revenue survey has been made.

section 32. of the tripura land revenue and land reforms act : for the purpose of determining the revenuerates, the settlement officer may divide any area into units and in forming such units, he shall have regard to the physical features, agricultural and economic conditions and trade facilities and communications and shall then determine the revenuerates for different classes of lands in each such unit in the manner and according to the principles prescribed and in particular, in the case of agricultural land, to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages and in the case of nonagricultural land, to the value of the land for the purpose for which it is held.

section 38. of the tripura land revenue and land reforms act : 1 the settlement officer shall calculate the assessment on each holding in accordance with the revenuerates confirmed and finally published under section 34 and such assessment shall be the fair assessment. 2 the settlement officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are held with liability to pay full land revenue or land revenue at concessional rates or are held revenue free. 3 the fair assessment of all lands shall be calculated in accordance with rules made in this behalf and having regard to the following principles, namely: a no regard shall be had to any claim to hold land on privileged terms b regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages, and in the case of nonagricultural land, to the value of the land for the purpose for which it is held c where any improvement has been effected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made.

section 35. of the tripura land revenue and land reforms act : the table of revenuerates published under section 34 shall be incorporated in and form part of the settlement register of the village.

section 37. of the tripura land revenue and land reforms act : 1 when the table of revenuerates for any area has been finally published, the rates specified therein shall remain in force for a period of thirty years. 2 notwithstanding anything contained in subsection 1, a revenuerates may be altered or revised in any year after the expiry of every ten years from the date on which the table of revenuerates was introduced, in such manner and to such extent as may be prescribed b when the circumstances of a local area are such that a fresh determination of the revenuerates is in the opinion of the administrator inexpedient, he may extend the term of settlement by such further period as he may think necessary.

section 46. of the tripura land revenue and land reforms act : 1 there shall be maintained for every village a register of mutations in such form as may be prescribed. 2 any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property, shall report his acquisition of such right to the village accountant within three months from the date of such acquisition and the village accountant shall give at once a written acknowledgement in the prescribed form for such report to the person making it. 3 the village accountant shall enter the substance of every report made to him under subsection 2 in the register of mutations and also make an entry therein respecting the acquisition of any right of the kind mentioned in subsection 2 which he has reason to believe to have taken place and of which a report has not be made under the said subsection and, at the same time, shall post up a complete copy of the entry in a conspicuous place in the village and shall give written intimation to all persons appearing from the record of rights or the register of mutations to be interested in the mutations and to any other person whom he has reason to believe to be interested therein. 4 should any objection to an entry made under subsection 3 in the register of mutations be made either orally or in writing to the village accountant, he shall enter the particulars of the objection in the register of disputed cases and shall at once give a written acknowledgement in the prescribed form for the objection to the person making it. 5 the objections made under subsection 4 shall be decided on the basis of possession by the competent authority and orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutations by the competent authority. 6 after the entries in the register of mutations have been tested and found correct, the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf.

section 40. of the tripura land revenue and land reforms act : otwithstanding anything contained in this chapter, all survey operations commenced under any law for the time being in force and continuing at the commencement of this act shall be deemed to have been commenced and to be continuing under the provisions of this chapter, and all revenuerates in force at such commencement shall be deemed to have been determined and introduced in accordance with the provisions of this chapter and shall remain in force until the introduction of revised revenuerates and such revised revenuerates may be introduced at any time, notwithstanding anything contained in section 37.

section 41. of the tripura land revenue and land reforms act : 1 the powers and duties exercisable by the officers referred to in section 6 may also be exercised, during the term of settlement, by the collector or such other revenue officer as may be specified by the administrator for the purpose by notification in the official gazette. 2 the collector may at any time during the term of settlement correct any error in the area or the assessment of any survey number or subdivision due to a mistake of survey or arithmetical miscalculation: provided that no arrears of land revenue shall become payable by reason of such correction.

section 42. of the tripura land revenue and land reforms act : it shall be the duty of the survey officer to prepare a record of rights for each village showing the area of each survey number and other particulars and any other record or register, in accordance with the rules made under this act.

section 45. of the tripura land revenue and land reforms act : the survey officer may, on application made to him in this behalf or on his own motion, within one year from the date of final publication of the record of rights, correct any entry in such record which he is satisfied has been made owing to a bona fide mistake.

section 43. of the tripura land revenue and land reforms act : 1 when a record of rights has been prepared, the survey officer shall publish a draft of the record in such manner and for such period as may be prescribed and shall receive and consider any objections which may be made during the period of such publication, to any entry therein or to any omission therefrom. 2 when all objections have been considered and disposed of in accordance with the rules made in this behalf, the survey officer shall cause the record to be finally published in the prescribed manner. 3 every entry in the record of rights as finally published shall, until, the contrary is proved, be presumed to be correct.

section 48. of the tripura land revenue and land reforms act : subject to rules made under this act, a any revenue officer may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this chapter, exercise any of the powers of the survey officer under section 27 except the power of assessing the cost of hired labour and b any revenue officer not below the rank of subdivisional officer may assess the cost of the preparation or revision of such maps or plans and all expenses incidental thereto, and such costs and expenses shall be recoverable in the same manner as an arrear of land revenue.

section 39. of the tripura land revenue and land reforms act : notwithstanding anything contained in this chapter, the administrator may direct that any land in respect of which the rate of revenue has been determined shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the table of revenuerates came into force and not effected by or at the expense of the holder of the land.

section 44. of the tripura land revenue and land reforms act : the civil courts shall have jurisdiction to decide any dispute to which the government is not a party relating to any right or entry which is recorded in the record of rights.

section 52. of the tripura land revenue and land reforms act : the boundaries of villages, survey numbers, subdivisions and fields shall be fixed, and all disputes relating thereto shall be determined, by survey officers or by such other officers as may be appointed by the administrator for the purpose, in accordance with the rules made in this behalf.

section 47. of the tripura land revenue and land reforms act : the collector may, if he is of opinion that any person has wilfully neglected to make the report required by section 46 within the prescribed period, impose on such person a penalty not exceeding twentyfive rupees.

section 49. of the tripura land revenue and land reforms act : certified copies of entries in the record of rights may be granted by such officers and on payment of such fees as may be prescribed.

section 55. of the tripura land revenue and land reforms act : the boundary marks shall be of such description and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, subject to the rules made under this act, be determined by the collector or other officer appointed for the purpose.

section 50. of the tripura land revenue and land reforms act : ubject to such rules and on payment of such fees, if any, as may be prescribed, all maps and land records shall be open to inspection by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same.

section 51. of the tripura land revenue and land reforms act : when a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the administrator, be transferred from the collector to the settlement officer.

section 54. of the tripura land revenue and land reforms act : it shall be lawful for any survey officer authorised in this behalf to specify, or cause to be constructed, laid out, maintained or repaired, boundary marks of villages or survey numbers or subdivisions and to assess all charges incurred thereby on the holders or others having an interest therein.

section 53. of the tripura land revenue and land reforms act : 1 the settlement of a boundary under this chapter shall be determinative a of the proper position of the boundary line or boundary marks and b of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings. 2 where a boundary has been so fixed, the collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.

section 56. of the tripura land revenue and land reforms act : every landholder shall be responsible for the maintenance an good repair of the boundary marks of his holding and for any charge reasonably incurred on account of the same by the revenue officers in case of alteration, removal or disrepair. it shall be the duty of the village officers and servants to prevent the destruction or unauthorised alteration of the village boundary marks.

section 62. of the tripura land revenue and land reforms act : an arrear of land revenue may be recovered by any one or more of the following processes, namely: a by serving a written notice of demand on the defaulter b by distraint and sale of the defaulters movable property, including the produce of the land c by the attachment and sale of the defaulters immovable property.

section 57. of the tripura land revenue and land reforms act : after the introduction of survey and settlement in a district, the charge of the boundary marks shall devolve on the collector and it shall be his duty to take measures for their construction, laying out, maintenance and repair.

section 58. of the tripura land revenue and land reforms act : any person wilfully erasing, removing or injuring a boundary mark shall be liable to such penalty not exceeding fifty rupees as the competent authority may impose.

section 59. of the tripura land revenue and land reforms act : land revenue assessed on any land shall be the first charge on that land and on the crops, rents and profits thereof.

section 61. of the tripura land revenue and land reforms act : 1 any instalment of land revenue or part thereof which is not paid on the due date shall become an arrear of land revenue and the person responsible for the payment shall become a defaulter. 2 a statement of account certified by the circle officer shall, for the purpose of this chapter, be conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter: provided that nothing in this subsection shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate proceedings before the competent authority.

section 63. of the tripura land revenue and land reforms act : the form and contents of the notice of demand and the officers by whom such notices shall be issued shall be such as may be prescribed.

section 64. of the tripura land revenue and land reforms act : 1 the distraint and sale of the movable property of a defaulter shall be made by such officers or class of officers, in such manner and in accordance with such procedure, as may be prescribed. 2 nothing in subsection 1 shall be deemed to authorise the distraint or sale of any property which, under the code of civil procedure, 5 of , is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use.

section 60. of the tripura land revenue and land reforms act : land revenue shall be payable at such times, in such instalments, to such persons, and at such places, as may be prescribed.

section 65. of the tripura land revenue and land reforms act : 1 when the collector is of opinion that the processes referred to in clauses a and b of section 62 are not sufficient for the recovery of an arrear, he may, in addition to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached and sold in the prescribed manner. 2 the collector may also cause the right, title and interest of the defaulter in any other immovable property to be similarly attached and sold.

section 66. of the tripura land revenue and land reforms act : 1 before effecting the sale of any land or other immovable property under the provisions of this chapter, the collector or other officer empowered in this behalf shall issue such notices and proclamations, in such form, in such manner and containing such particulars, as may be prescribed the notices and proclamations shall also be published in such manner as may be prescribed. 2 a copy of every notice or proclamation issued under subsection 1 shall be served on the defaulter.

section 67. of the tripura land revenue and land reforms act : all sales of property, movable or immovable, under this chapter shall be by public auction held in accordance with such rules as may be prescribed.

section 72. of the tripura land revenue and land reforms act : 1 in default of the payment of deposit referred to in section 71, the property shall be put up for resale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder. 2 in default of payment of the balance of the bid amount within the period prescribed in section 71, the deposit after defraying therefrom the expenses of the sale shall be forfeited to the government and the property shall be resold. 3 where the proceeds of the resale are less than the price bid by such defaulting purchaser, the difference shall also be recoverable from him in the same manner as an arrear of land revenue.

section 74. of the tripura land revenue and land reforms act : if, on the expiration of thirty days from the date of sale of any immovable property or of the further period, if any, allowed under section 73, no application has been made for setting aside the sale, or if any such application has been made and rejected, the collector shall make an order confirming the sale unless, for reasons to be recorded, the collector sets aside the sale notwithstanding that no application therefor has been made.

section 69. of the tripura land revenue and land reforms act : perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale.

section 68. of the tripura land revenue and land reforms act : no officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire any property except on behalf of the government.

section 70. of the tripura land revenue and land reforms act : every sale of property, movable or immovable, under the provisions of this chapter shall, as far as may be practicable, be proportionate to the amount of the arrear of land revenue to be recovered together with the interest thereon and the expenses of attachment and sale.

section 73. of the tripura land revenue and land reforms act : where immovable property has been sold under this chapter, the defaulter, or any person owning such property or holding an interest therein, may, at any time, within thirty days of the date of sale or within such further period not exceeding thirty days as the collector may for sufficient cause allow, apply in the prescribed manner to the collector to have the sale set aside a on the ground of some material irregularity or mistake or fraud resulting in substantial loss or injury to him, or b on his depositing in the collectors office the amount of the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser, a sum equal to 5 per cent. of the purchase money.

section 71. of the tripura land revenue and land reforms act : in all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25 per cent. of the amount of his bid, and the balance within fifteen days of the date of sale.

section 75. of the tripura land revenue and land reforms act : 1 the collector shall order the refund and payment to me purchaser, of a the amounts deposited by him under section 71 and b the sum equal to 5 per cent. of the purchase money deposited under clause b of section 73 if the sale is not confirmed or is set aside. 2 the collector shall order the refund and payment of all the moneys deposited under clause b of section 73 to the person who made the deposit, if the sale is confirmed: provided that the collector may set off the whole or any part of any such moneys against any arrears of land revenue or any other arrear recoverable as an arrear of land revenue, which may be outsantanding against the person who made the deposit.

section 76. of the tripura land revenue and land reforms act : when a sale held under this chapter is confirmed, the collector shall put the person declared to be the purchaser in possession of the property and shall grant him a certificate in the prescribed form to the effect that he has purchased the property specified therein, and such certificate shall be deemed to be a valid transfer of such property.

section 77. of the tripura land revenue and land reforms act : the proceeds of the sale of any property under this chapter shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.

section 78. of the tripura land revenue and land reforms act : the person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.

section 81. of the tripura land revenue and land reforms act : 1 a revenue officer, while exercising power under this act or any other law for the time being in force to inquire into or to decide any question arising for determination between the government and any person or between parties to any proceedings, shall be a revenue court. 2 nothing in this act shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the revenue court.

section 79. of the tripura land revenue and land reforms act : when the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the collector may, if he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the said land is paid whether the date fixed for the payment of the same has arrived or not.

section 84. of the tripura land revenue and land reforms act : 1 the administrator may transfer any case or class of cases arising under this act or any other law for the time being in force from any revenue officer to any other revenue officer competent to deal with it. 2 the collector or a subdivisional officer may transfer any case or class of cases arising under this act or any other law for the time being in force for inquiry or decision from his own file or from the file of any revenue officer subordinate to him to the file of any other revenue officer subordinate to him competent to deal with such case or class of cases.

section 80. of the tripura land revenue and land reforms act : the following moneys may be recovered under this act in the same manner as an arrear of land revenue, namely: a rent, fees and royalties due to the government for use or occupation of land or water or any product of land b all moneys falling due to the government under any grant, lease or contract which provides that they shall be recoverable as arrears of land revenue c all sums declared by this act or any other law for the time being in force to be recoverable as an arrear of land revenue.

section 82. of the tripura land revenue and land reforms act : except for reasons to be recorded in writing, no revenue officer shall inquire into or hear any case at any place outside the local limits of his jurisdiction: provided that a subdivisional officer may inquire into or hear any case at the headquarters of the district to which he is appointed.

section 87. of the tripura land revenue and land reforms act : 1 if, on the date fixed for hearing a case or proceeding, a revenue officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed for default of payment of such process fees. 2 if any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed for default. 3 the party against whom any order is passed under subsection 1 or 2 may apply, within thirty days from the date of such order, to have it set aside on the ground that he was prevented by sufficient cause from paying the requisite process fees or from appearing at the hearing and the revenue officer may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside the order passed.

section 83. of the tripura land revenue and land reforms act : all revenue officers and persons acting under their orders may enter upon and survey any land and demarcate boundaries and do all other acts necessary for the purpose of discharging their duties under this act or any other law for the time being in force and in so doing, shall cause no more damage than the circumstances of the case may require.

section 85. of the tripura land revenue and land reforms act : 1 every revenue officer not lower in rank than a circle officer acting as a revenue court shall have power to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to produce any document, for the purpose of any inquiry which such officer is legally empowered to make and all persons so summoned shall be bound to attend either in person or by an authorised agent as such officer may direct, and to produce such documents as may be required. 2 every summons shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in such manner as may be prescribed.

section 86. of the tripura land revenue and land reforms act : if any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 85 may a issue a bailable warrant of arrest b order him to furnish security for appearance or c impose upon him a fine not exceeding rupees twenty.

section 88. of the tripura land revenue and land reforms act : 1 a revenue officer may, from time to time, for reasons to be recorded, adjourn the hearing of a case or proceeding before him. 2 the date and place of an adjourned hearing shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.

section 89. of the tripura land revenue and land reforms act : a revenue officer may direct the parties to pay the cost incurred in any case before him and also apportion the cost among the parties in such manner and to such extent as he may think fit.

section 90. of the tripura land revenue and land reforms act : where any order is passed under this act directing any person to deliver possession of land or directing the eviction of any person from land, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such authority, in accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.

section 94. of the tripura land revenue and land reforms act : 1 no appeal shall lie, a in the case of a first appeal, after the expiry of thirty days from the date of the order appealed against and b in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against. 2 in computing the above periods, the time required to obtain copies of the order appealed against shall be excluded.

section 91. of the tripura land revenue and land reforms act : all appearances before, applications to, and acts to be done before, any revenue officer under this act or any other law for the time being in force may be made or done by the parties themselves or by their authorised agents or by any legal practitioner: provided that any such appearance shall, if the revenue officer so directs, be made by the party in person.

section 92. of the tripura land revenue and land reforms act : any revenue officer by whom an order was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any error or omission not affecting a material part of the case or proceeding, after such notice to the parties as he may consider necessary.

section 93. of the tripura land revenue and land reforms act : 1 save as otherwise expressly provided, an appeal shall lie from every original order passed under this act, a if such an order is passed by an officer subordinate to the subdivisional officer, to the subdivisional officer b if such an order is passed by the subdivisional officer, to the collector c if such an order is passed by the collector, to the administrator d if such an order is passed by an assistant survey and settlement officer, to the survey and settlement officer or to a revenue officer notified by the administrator in the official gazette to be the appellate authority and e if such an order is passed by a survey and settlement officer, to the director of settlement and land records or to a revenue officer notified by the administrator in the official gazette to be the appellate authority. 2 a second appeal shall lie against any order passed in first appeal, a if such an order is passed under clause a of subsection 1 to the collector b if such an order is passed under clause b of subsection 1, to the administrator c if such an order is passed under clause d of subsection 1, to the director of settlement and land records or to a revenue officer notified by the administrator in the official gazette to be the second appellate authority and d if such an order is passed under clause e of subsection 1, to the administrator.

section 95. of the tripura land revenue and land reforms act : the administrator or the collector may, at any time, either on his own motion, or on the application of any party, can for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit: provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard.

section 96. of the tripura land revenue and land reforms act : 1 a revenue officer may, either on his own motion or on the application of any party interested, review any order passed by himself or by any of his predecessorsinoffice and pass such order in reference thereto as he thinks fit: provided that a revenue officer subordinate to the collector shall, before reviewing any order under this section, obtain the permission of the collector and the collector shall, before reviewing an order passed by any of his predecessorsinoffice obtain the permission of the administrator. 2 no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order. 3 no order shall be reviewed except on the following grounds, namely: i discovery of new and important matter of evidence ii some mistake or error apparent on the face of the record or iii any other sufficient reason. 4 for the purposes of this section, the collector shall be deemed to be the successorinoffice of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district. 5 an order which has been dealt with in appeal or on revision shall not be reviewed by any officer subordinate to the appellate or revisional authority.

section 97. of the tripura land revenue and land reforms act : 1 a revenue officer who has passed any order or his successorinoffice may, at any time before the expiry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit provided that no appeal has been filed. 2 any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed from or under revision for such period as it may think fit. 3 the revenue officer or other authority directing such stay of execution of any order may impose such conditions, or order such security to be furnished, as he or it may think fit.

section 100. of the tripura land revenue and land reforms act : 1 every raiyat who, at the commencement of this act, owns land in excess of a basic holding shall be entitled to apply to the competent authority for the reservation for his personal cultivation of any parcel or parcels of his land leased to underraiyats. 2 every application under subsection 1 shall be in the prescribed form and shall be made in the prescribed manner within a period of one year from the commencement of this act. explanation. in the case of a person under disability, the application shall be made by his guardian or his authorised agent, as the case may be.

section 99. of the tripura land revenue and land reforms act : 1 for the removal of doubts, it is hereby declared that subject to the other provisions of this act, a the rights of a raiyat in his land shall be permanent, heritable and transferable b the raiyat shall be entitled by himself, his servants, underraiyats, agents or other representatives to erect farm buildings, construct wells or tanks or make other improvements thereon for the better cultivation of the land or its convenient or profitable use c the raiyat is entitled to plant trees on his land, to enjoy the products thereof and to fell, utilise or dispose of the timber of any trees on his land. 2 nothing in subsection 1 shall entitle a raiyat to use his land to the detriment of any adjoining land which is not his or in contravention of the provisions of any other law for the time being in force applicable to such lands.

section 98. of the tripura land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this part. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the manner of appointment of revenue officers, survey officers and settlement officers, and other village officers and servants, their powers and duties, the official seals, if any, to be used by them and the size and description of the seals b the collectors powers of superintendence and control over other officers c the officers who should hear and decide disputes regarding rights in or over any property claimed by or against the government and the procedure to be followed by them d the disposal of government lands by assignment or grant to individuals or to public purposes and the terms and conditions subject to which such assignments or grants may be made e the preservation and disposal of trees, brush, wood, jungle and other natural products on government land and the recovery of the value of trees or other natural product unauthorisedly appropriated by persons f the procedure for summary eviction of trespassers on government land g the alteration and revision of the land revenue in cases of alluvion or diluvion or of diversion of land for purposes other than agriculture h the grant of permission to use agricultural land for non agricultural purposes i the determination of additional rates for use of water j the circumstances in which remission or suspension of revenue may be made and the rate of such remission or suspension k the form of receipt for payment of land revenue l the conduct of surveys and settlements of land revenue m the manner of estimating the cost of cultivation and other expenses in relation to the inquiry into profits of agriculture n the division of survey numbers into subdivisions and the assessment of subdivisions o the statistical, fiscal and other records and registers to be prepared and maintained under this part p the manner in which the costs and expenses incidental to revenue survey or the construction, repair and maintenance of boundary marks shall be determined and apportioned between persons who are liable to bear the same q the fixing, construction, laying out, maintenance and repair of boundary marks, and the settlement of disputes relating thereto r the division of areas into units for determining the revenuerates and the preparation of the table of revenuerates s the preparation and the preliminary and final publication of the record of rights and the table of revenuerates t the hearing and disposal of objections to any entry or omission in the table of revenuerates, the record of rights, and the register of mutations u the manner and extent of alteration or revision of revenuerates during the term of settlement v the correction of bona fide errors and mistakes in the revenue records, registers and maps prepared under this part w the manner in which the average yield of crops of land shall be ascertained x the manner of holding inquiries by revenue officers under this part y the application of the provisions of the code of civil procedure, 5 of , to cases and proceedings before a revenue court z the form of summons and other processes, notices, orders and proclamations to be issued or made by revenue officers and the manner of their service aa the procedure for the attachment and sale of property and the confirmation and the setting aside of sales of immovable property under chapter vii bb the manner of publication of notices and proclamations of attachment and sale of property cc the manner in which the cost and expenses incidental to the attachment and sale of property shall be determined dd the manner of payment of deposit and of the purchase money of property sold for arrears of land revenue ee the circumstances in which precautionary measures for securing the land revenue under section 79 may be taken ff the procedure for the transfer of cases from one revenue officer to another gg the manner of preferring appeals or applications for revision or review, the documents to accompany the memorandum of appeal or such application and the fee, if any, leviable therefor hh the grant of certified copies and the payment of fees for inspection and grant of certified copies of revenue records and registers ii the mode of execution of any orders directing any person to deliver possession of land or to be evicted from land, including the use of force for securing compliance with such order jj any other matter which is to be or may be prescribed.

section 108. of the tripura land revenue and land reforms act : 1 the interest of an underraiyat in any land held by him as such shall be heritable but, save as otherwise provided in this act, shall not be transferable. 2 no underraiyat shall be evicted from his land except as provided in this act.

section 101. of the tripura land revenue and land reforms act : 1 the competent authority shall, on an application made under section 100, issue notice together with a copy of the application to each of the underraiyats holding land from the applicant requiring the underraiyat to submit his objections, if any, within a period of ninety days from the date of service of such notice or within such further period as the competent authority may allow. 2 an underraiyat on whom a notice has been served under subsection 1, shall furnish to the competent authority within the period aforesaid details of lands owned by him or held as underraiyat of any other raiyat and of lands which he selects for retention by him. 3 the competent authority shall, after considering the objections and the details, if any, furnished by the underraiyats and after making such inquiry as it may consider necessary, determine the land or lands, not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case may be reserved for personal cultivation of the raiyat and the lands which each of his underraiyats may be allowed to retain.

section 105. of the tripura land revenue and land reforms act : 1 subject to the provisions of this act, a raiyat may lease out his land to another person on such rent not exceeding the maximum rent referred to in section 111 as may be agreed upon between him and such person. 2 every lease of land made after the commencement of this act shall be for a period of five years and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy shall, subject to the provisions of subsection 3, be deemed to be renewed for a further period of five years on the same terms and conditions except to the extent that a modification thereof consistent with this act is agreed to by both parties. 3 in respect of any lease made after the commencement of this act, a raiyat who is a member of the armed forces of the union, on his discharge from service or posting to the reserve, may by giving the underraiyat three months notice in writing before the expiry of any year, and any other raiyat may by giving the underraiyat one years notice in writing before the expiry of any term of five years, terminate the tenancy if the raiyat requires the land bona fide for personal cultivation by him.

section 109. of the tripura land revenue and land reforms act : it shall be lawful for an underraiyat to create a simple mortgage or a charge on his interest in the land leased to him, in favour of the government or a cooperative society in consideration of any loan advanced to him by the government or such society and in the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the government or the society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan.

section 106. of the tripura land revenue and land reforms act : 1 where the collector is satisfied that any land has remained uncultivated for a period of not less than two consecutive years otherwise than in accordance with rules made in this behalf under this act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed lease out the land in accordance with the rules made under this act. 2 any lease made under subsection 1 shall be deemed to be a lease made by the raiyat under subsection 1 of section 105.

section 107. of the tripura land revenue and land reforms act : 1 subject to any rules that may be made under this act, a raiyat may relinquish his rights in respect of any land in his possession in favour of government by giving a notice in writing to the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and thereupon he shall cease to be a raiyat in respect of that land from the year next following the date of notice: provided that relinquishment of only a part of a holding or of a holding which, or part of which, is subject to an encumbrance or a charge, shall not be valid. 2 if any person relinquishes his rights to a land under subsection 1, the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.

section 104. of the tripura land revenue and land reforms act : the competent authority shall declare every land which, under subsection 3 of section 101, an underraiyat is allowed to retain to be the nonresumable land of the underraiyat.

section 111. of the tripura land revenue and land reforms act : the rent payable by an underraiyat in respect of any land held by him shall not exceed, a where the rent is payable in kind as a share of the produce, onefourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is supplied by the raiyat and onefifth of such produce or its value as so estimated if plough cattle is not supplied by the raiyat b in any other case, four times the land revenue payable in respect of the land.

section 102. of the tripura land revenue and land reforms act : 1 in section 101, permissible limit means an area of land which a raiyat may resume from underraiyats for personal cultivation, that is to say, a in the case of a person under disability, 25 standard acres b in the case of any other person who i owns a basic holding or less, the entire area owned by him ii owns more than a basic holding but not exceeding a family holding, onehalf of the area leased to underraiyats or the area by which the land under his personal cultivation falls short of a basic holding, whichever is greater iii owns more than a familyholding, 1 if he has no land, or any land which is less than a family holding, under his personal cultivation, onehalf of the area leased to underraiyats but not exceeding the area by which land under his personal cultivation falls short of a family holding, provided that the underraiyat is left with not less than a basic holding and provided further that a raiyat shall in any case be entitled to resume an area by which land under his personal cultivation falls short of a basic holding and 2 if he has a family holding or more under his personal cultivation, the area leased to underraiyats but not exceeding the area by which land in his personal cultivation falls short of 25 standard acres, provided that the underraiyat is left with not less than a family holding. explanation. for the purpose of determining the permissible limit of a raiyat under this subsection, any nonresumable land which he may hold as an underraiyat shall also be taken into account. 2 notwithstanding anything contained in subsection 1, an underraiyat who under any law, custom or usage is not liable to eviction at the commencement of this act on the ground that the land is required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by him, whichever is less. 3 any transfer of land made on or after the 10th august, shall be disregarded in computing the permissible limit.

section 103. of the tripura land revenue and land reforms act : in the case of a raiyat who at the commencement of this act does not own land in excess of a basic holding, all lands owned by him and held by underraiyats at such commencement shall, subject to the provisions of subsection 2 of section 102, be deemed to have been reserved for his personal cultivation. explanation. any transfer of land made on or after the 10th august, shall be disregarded in determining the extent of land owned by a raiyat at the commencement of this act.

section 115. of the tripura land revenue and land reforms act : every raiyat shall give or cause to be given a receipt for the rent received by him or on his behalf in such form as may be prescribed duly signed by him or his authorised agent.

section 110. of the tripura land revenue and land reforms act : an underraiyat may, with the permission in writing of the raiyat, or if permission is refused without sufficient reason or is not given within two months, after obtaining the orders of the competent authority in the prescribed manner, make at his own expense any improvement to the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised, as a consequence of such improvement.

section 112. of the tripura land revenue and land reforms act : 1 the rent payable by an underraiyat shall, subject to the provisions of section 111, be the rent agreed upon between him and the raiyat, or where there is no such agreement, the reasonable rent. 2 the rent shall be paid at such times and in such manner as may have been agreed upon, or in the absence of such agreement, as may be prescribed.

section 113. of the tripura land revenue and land reforms act : 1 the competent authority may, on application made to it in this behalf by the raiyat or the underraiyat, determine the reasonable rent for any land. 2 the form of application under subsection 1 and the procedure to be followed by the competent authority shall be such as may be prescribed. 3 in determining the reasonable rent, the competent authority shall have regard to a the rental value of lands used for similar purposes in the locality b the profits of agriculture of similar lands in the locality c the price of crops and commodities in the locality d the improvements, if any, made to the land by the raiyat or the underraiyat e the land revenue payable in respect of the land and f any other factor which may be prescribed. 4 where the reasonable rent for any land has been determined under this section, it shall not be altered for a period of five years except on any of the following grounds, namely: a that the quality of the land has deteriorated by flood or other natural causes b that there has been an increase in the produce of the land on account of improvements made to it at the expense of the raiyat c that the extent of land has been altered by more than one acre by alluvion or diluvion. d that the land has been partially or wholly rendered unfit for cultivation. 5 nothing in subsections 1 to 4 shall affect the right of the government to make an order directing the determination of the reasonable rent of lands in any specified area.

section 114. of the tripura land revenue and land reforms act : 1 in any case in which rent is payable in kind, the raiyat or the underraiyat may apply in writing to the competent authority in the prescribed form and manner, for commuting the rent into money rent. 2 on receipt of such application, the competent authority shall, after giving notice to the other party, determine the money rent payable for the land in accordance with the following provisions but not exceeding the maximum rent specified in section 111. 3 in determining the money rent, regard shall be had to a the average money rent payable by underraiyats for land of similar description and with similar advantages in the vicinity b the average value of the rent for the land actually received by the raiyat during the three years preceding the date of application c the average prices of crops and commodities in the locality during the three years preceding the date of application d the improvements, if any, made to the land by the raiyat or the underraiyat and e any other factor which may be prescribed.

section 121. of the tripura land revenue and land reforms act : 1 an underraiyat who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this chapter, be entitled to receive compensation, before he is so evicted, for such improvement as, in the opinion of the competent authority, is reasonable. 2 the compensation payable to an underraiyat under subsection 1 shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely: a the amount by which the value of the land has increased by reason of the improvement b the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect c the labour and capital involved in the making of the improvement and d the advantages secured by the underraiyat in consideration of the improvement made by him. 3 in any case in which compensation is payable to an underraiyat under this section, the competent authority may direct that a the whole or any part of any loan which the underraiyat has taken on the security of his interest in the land under section 109 and which is outstanding shall be deducted from such compensation and paid to the government or the cooperative society, as the case may be b any arrear of rent due by the underraiyat to the raiyat and the costs, if any, awarded to the raiyat shall be adjusted against the compensation.

section 116. of the tripura land revenue and land reforms act : if any raiyat recovers from an underraiyat rent in excess of the amount due under this act, he shall forthwith refund the excess amount so recovered and shall also be liable to punishment as provided in this act.

section 117. of the tripura land revenue and land reforms act : 1 where a raiyat has obtained from or been granted by the government any relief by way of suspension or remission, whether in whole or in part, of the land revenue payable in respect of his land, he shall be bound to give, and the underraiyat concerned shall be entitled to receive from the raiyat, a corresponding or proportionate relief by way of suspension or remission of rent payable in respect of such land. 2 the nature and extent of the relief which a raiyat is bound to give and which the underraiyat is entitled to receive under subsection 1 shall be determined in accordance with the rules made under this act. 3 no suit shall lie and no decree of a civil court shall be executed for the recovery by a raiyat of any rent the payment of which has been remitted, or during the period for which the payment of such rent has been suspended, under this section. 4 the period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation for any suit or proceeding for the recovery of such rent. 5 if any raiyat fails to suspend or remit the payment of rent as provided in subsection 1, he shall be liable to refund to the underraiyat the amount recovered by him in contravention of the provisions of this section and shall also be liable to punishment as provided in this act.

section 122., not deemed improvements. of the tripura land revenue and land reforms act : an underraiyat against whom an order of eviction has been passed, shall be entitled to remove within such time as is deemed reasonable by the competent authority any work of improvement which can be severed from the land and which the underraiyat desires to remove, or any building or construction or work which is not an improvement in respect of which the raiyat is not willing to pay the compensation.

section 118. of the tripura land revenue and land reforms act : 1 no person shall be evicted from any land held by him as underraiyat except under the order of the competent authority made on any of the following grounds, namely: a that the land has been reserved for personal cultivation of the raiyat under section 101, or is deemed to have been reserved for personal cultivation of the raiyat under section 103 b that a notice has been given to the underraiyat under subsection 3 of section 105 c that the underraiyat has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes d that the underraiyat has failed to pay rent within a period of three months after it falls due: provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent e that the underraiyat, not being a person under disability, has, after the commencement of this act, sublet the land without the consent in writing of the raiyat. 2 no order for eviction of an underraiyat shall be executed till the standing crops, if any, on the land are harvested. 3 where any land has been reserved for the personal cultivation of a raiyat by an order made under subsection 3 of section 101, no suit or application for the eviction of the underraiyat in respect of such land under clause a of subsection 1 shall lie after the expiry of five years from the commencement of this act or one year from the date of the said order, whichever is later: provided that where any such raiyat is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases. explanation.for the purposes of this subsection, the disability of a person shall cease, a in the case of a widow, if she remarries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death b in the case of a minor, on the date of his attaining majority c in the case of a woman who is unmarried or who is divorced or judicially separated from her husband on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause d or e, on the date on which the disability of the husband ceases d in the case of a person who is a member of the armed forces of the union, on the date of his discharge from service or of his posting to the reserve e in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.

section 119. of the tripura land revenue and land reforms act : where a person who has taken possession of any land by evicting an underraiyat therefrom on the ground that the land had been reserved for personal cultivation by him, fails to cultivate such land personally within one year from the date on which he took possession thereof or ceases to cultivate such land personally in any year during a period of four years next following, the underraiyat shall be entitled to be restored to possession of the land from which he was evicted. explanation.for the purpose of this section, land shall not be deemed to be under the personal cultivation of a person not being a person under disability unless such person or a member of his family engages himself in the principal agricultural operations.

section 120. of the tripura land revenue and land reforms act : if a raiyat fails to a apply for reservation of any land within the period prescribed in section 100, and the land is not deemed to have been reserved under section 103, or b file a suit or application for the eviction of the underraiyat from any land reserved under section 101 within the period prescribed in subsection 3 of section 118, or c cultivate or ceases to cultivate the land and the underraiyat is restored to possession of the land under section 119, the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the nonresumable land of the underraiyat.

section 123. of the tripura land revenue and land reforms act : 1 where an underraiyat of any land has, on or after the 10th august, , surrendered, or been evicted from, such land and the surrender or eviction could not have taken place if this act had been in force on the date of such surrender or eviction, the competent authority may, suo motu or on application made by the underraiyat, restore him to possession of the land which he surrendered or from which he was evicted unless some other underraiyat, not being a member of the raiyats family, had bona fide been admitted to possession of such land. 2 the competent authority shall, before making an order under subsection 1, make such inquiry as may be prescribed.

section 124. of the tripura land revenue and land reforms act : where a tenancy is sought to be terminated on the ground that the underraiyat has materially impaired the value or utility of the land for agricultural purposes, if the damage to the land admits of being repaired or if pecuniary compensation would afford adequate relief, no proceeding for eviction shall lie against the underraiyat unless and until the raiyat has served on the underraiyat a notice in writing specifying the damage complained of and the underraiyat has failed within a period of one year from the service of such notice to repair the damage or to pay compensation therefor.

section 128. of the tripura land revenue and land reforms act : 1 the compensation to which a raiyat is entitled under section 127 shall be paid to him by the government in the first instance, and it may be paid in cash, in lump sum or in annual instalments not exceeding twenty or in the form of bonds which may be negotiable or nonnegotiable but transferable. 2 from the date of the declaration referred to in section 126, the raiyat shall be entitled to interest at the rate of 2 per cent. per annum on the compensation or such portion thereof as remains un paid. 3 any mortgage of, or encumbrance on, the land of which the ownership is transferred to the underraiyat under section 126 shall be a valid charge on the amount of compensation payable to the raiyat. 4 notwithstanding anything contained in subsections 1 to 3, where the person entitled to compensation under section 127 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. the amount so assessed shall be paid to such institution in the prescribed manner.

section 125. of the tripura land revenue and land reforms act : 1 after the commencement of this act, no underraiyat shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the underraiyat, without the previous permission in writing of the competent authority. 2 such permission shall be granted if, after making such inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as underraiyat immediately before the commencement of this act, the permissible limit of the raiyat concerned is not exceeded by such surrender in other cases, the permission shall be refused. 3 where permission is refused in any case, and the underraiyat gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the underraiyat who relinquished his rights.

section 131. of the tripura land revenue and land reforms act : 1 if a raiyat at any time intends to sell his land held by an underraiyat, he shall give notice in writing of his intention to such underraiyat and offer to sell the land to him. in case the latter intends to purchase the land, he shall intimate in writing his readiness to do so within two months from the date of receipt of such notice. 2 if there is any dispute about the reasonable price payable for the land, either the raiyat or the underraiyat may apply in writing to the competent authority for determining the reasonable price and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made. 3 the underraiyat shall deposit with the competent authority the amount of the price determined under subsection 2 within such period as may be prescribed. 4 on deposit of the entire amount of the reasonable price, the competent authority shall issue a certificate in the prescribed form to the underraiyat declaring him to be the purchaser of the land the competent authority shall also direct that the reasonable price deposited shall be paid to the raiyat. 5 if an underraiyat does not exercise the right of purchase in response to the notice given to him by the raiyat under subsection 1 or fails to deposit the amount of the price as required by subsection 3, such underraiyat shall forfeit his right of purchase, and the raiyat shall be entitled to sell such land to any other person. 6 the forfeiture of the right to purchase any land under this section shall not affect the other rights of the underraiyat in such land.

section 126. of the tripura land revenue and land reforms act : subject to the other provisions of this act, the ownership of any land which is declared to be the nonresumable land of an underraiyat under section 104 or section 120 shall stand transferred from the raiyat thereof to the underraiyat with effect from the date of such declaration, and the underraiyat shall become the owner of such land and be liable to pay land revenue therefor.

section 127. of the tripura land revenue and land reforms act : 1 in respect of every land the ownership of which stands transferred to the underraiyat under section 126, the raiyat shall be entitled to compensation which shall consist of the aggregate of the following amounts, that is to say, a an amount equal to thirty times the full land revenue payable for the land or, if the land is held revenuefree or at a concessional rate, thirty times the amount of land revenue payable for similar lands in the locality b the value of trees, if any, planted by the raiyat. explanation.where any improvement has been made on the land at the expense of the raiyat at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality. 2 the land revenue payable for similar lands in the locality and the value of trees referred to in subsection 1 shall be determined in the prescribed manner. 3 every raiyat entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 126, apply to the competent authority in the prescribed manner for determining the compensation.

section 133. of the tripura land revenue and land reforms act : in this part, a estate means lands included under one entry in any of the general registers of revenuepaying and revenuefree lands and includes i revenuefree lands not entered in any register, and ii a part of, or a share in, an estate b homestead means a dwelling house together with any courtyard, compound, garden, or outhouse and includes any outbuildings used for purposes connected with agriculture and any family graveyard, library, office, guest house, grainstore, latrines, boundary walls, tanks, wells or places of worship appertaining to such dwelling house c intermediary means a person who holds in an estate the right, title or interest of a talukdar and includes i a person who holds land either revenuefree or at a concessional rate, and ii a tenure holder d tenant means a person who cultivates or holds the land of an intermediary under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of an intermediary under the system generally known as bhag, adhi or barga and the term subtenant shall be construed accordingly e tenure holder means a person who has acquired from an intermediary the right to hold lands for the purpose of collecting rents or bringing them under cultivation by establishing tenants thereon.

section 132. of the tripura land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the form of notices to be issued under this part and the manner of their service b the manner of holding inquiries under this part c the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated d the conditions subject to which lands may be leased by the collector under section 106 e the form of applications to be made under this part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications f the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this part g the time and manner of payment of rent by the underraiyat h the form of receipt for rent to be given by the raiyat i the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent j the nature and the extent of relief to the underraiyat in cases of suspension or remission of land revenue by the government k the determination of compensation for improvements to underraiyats who are evicted from land l the grant of permission to surrender land m the determination of the amount of compensation payable to the raiyat in respect of the nonresumable lands of underraiyats n the form of certificates to be granted to underraiyats o the determination of the price to be paid by underraiyat for land in respect of which the first option to purchase is exercised p any other matter which is to be or may be prescribed.

section 135. of the tripura land revenue and land reforms act : notwithstanding anything contained in any law for the time being in force or in any agreement or contract, express or implied, with effect from the vesting date, a each estate to which the notification relates and all rights, title and interest of intermediaries in such estate shall vest in the government free from all encumbrances, including i rights in hats, bazars, ferries, forests, wastelands, abadi sites, fisheries, tolls and other interests ii rights in any building other than a dwelling house or in any part of such building, used primarily as office cutcherry for collection of rent b all grants and confirmation of title to the estate and rights therein made in favour of an intermediary shall cease and determine c any building used for educational or charitable purposes and held by the intermediary shall vest in the government for those educational or charitable purposes d subject to the other provisions of this act, every tenant holding any land under an intermediary shall hold the same directly under the government as a raiyat thereof and shall be liable to pay to the government land revenue equal to the rent payable by him to the intermediary on the vesting date, subject to a maximum of the value of oneeighth of the gross produce which value shall be determined in the manner prescribed: provided that the tenant shall become the owner of any building or structure constructed on such land at the expense of the intermediary on payment of such compensation to the intermediary as is equivalent to its market value on the vesting date, which value shall be determined in accordance with the rules made in this behalf e all arrears of land revenue, local rates, cesses and other dues lawfully payable to the government by the intermediary on the vesting date in respect of the estate shall, without prejudice to any other mode of recovery, be recoverable by deduction from the compensation payable to the intermediary f all rents and other dues in respect of the estate for any period after the vesting date which, but for this act, would be payable to an intermediary shall be payable to the government and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same g where under any agreement or contract made before the vesting date, any rent, cess, local rate or other dues for any period after the said date has been paid to or compounded of released by an intermediary, the same shall, notwithstanding such agreement or contract, be recoverable by the government from the intermediary, and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the intermediary.

section 129. of the tripura land revenue and land reforms act : 1 every underraiyat to whom ownership of any land has been transferred under section 126 shall be liable to pay to the government in respect of that land compensation as determined under section 127. 2 the compensation shall be payable in cash, in lump sum or in such number of annual instalments, not exceeding twenty as may prescribed. interest at the rate of 21/2 per cent. per annum shall be payable on the compensation or such portion thereof as remains unpaid. 3 the compensation payable under this section shall be a charge on the land. 4 the compensation or any instalment thereof shall be recoverable in the same manner as an arrear of land revenue.

section 130. of the tripura land revenue and land reforms act : when the compensation or the first instalment of the compensation, as the case may be, has been paid by the underraiyat, the competent authority may suo motu and shall, on application made to it in this behalf, issue to the underraiyat a certificate in the prescribed form declaring him to be the owner of the land specified therein.

section 134. of the tripura land revenue and land reforms act : 1 as soon as may be after the commencement of this act, the administrator may, by notification in the official gazette, declare that, with effect from the date specified in the notification hereinafter referred to as the vesting date, all estates situated in any area or areas and all rights, title and interest of every intermediary in such estates shall vest in the government free from all encumbrances. 2 every notification under subsection 1 shall also be published in such other manner as may be prescribed. 3 the publication of a notification in the manner provided in subsections 1 and 2 shall be conclusive evidence of the notice of declaration to the intermediaries whose interests are affected by such notification

section 139. of the tripura land revenue and land reforms act : an appeal against an order of the collector passed under section 138, if preferred within sixty days of such order, shall lie to the district judge having jurisdiction.

section 136. of the tripura land revenue and land reforms act : 1 notwithstanding anything contained in sections 134 and 135, an intermediary shall, subject to the provisions of subsection 2, be entitled to retain with effect from the vesting date, a homesteads, buildings and structures together with the lands appurtenant thereto in the occupation of the intermediary other than buildings vested in the government under section 135 b lands under the personal cultivation of the intermediary c lands in which permanent rights have not already accrued to a tenant under any custom, agreement or law and which have been leased by an intermediary who, both at the commencement of the lease and on the vesting date, was a person under disability d lands held by the intermediary as mortgagor which are subject to usufructuary mortgage and are under the personal cultivation of the mortgagee e lands comprised in orchards or used for the purpose of livestock breeding, poultry farming, or dairy farming, which are in the occupation of the intermediary f so much of the lands comprised in a tea garden, mill, factory or workshop as in the opinion of the administrator is required for such tea garden, mill, factory or workshop. 2 an intermediary who is entitled to retain possession of any land under subsection 1 shall hold such land directly under the government from the vesting date as a raiyat thereof and be liable to pay therefor land revenue at full rate applicable to similar lands in the locality.

section 137., vested in the government. of the tripura land revenue and land reforms act : 1 the collector shall take charge of estates and interests of intermediaries which vest in the government under section 135. 2 for the purpose aforesaid, the collector may, by written order served in the prescribed manner, require any intermediary or other person in possession, of any such estate or interest to give up such possession by a date to be specified in the order which shall not be earlier than sixty days from the date of service of the order or to deliver by that date any documents, registers, or records, connected with the management of such estate or interest which are in his custody or to furnish a statement in the prescribed form in respect of such estate or interest. 3 the collector or any other officer authorised by him in this behalf may take such steps or use such force as may be necessary to enforce compliance with the order and may also enter any building or place for the purpose of taking possession of the documents, registers or records referred to in subsection 2. 4 an intermediary shall be entitled to make inspection of any documents, registers or records which have been delivered to or taken possession of by the collector, to make notes therefrom or to have certified copies thereof granted to him. no fees shall be charged for making inspection or for making notes, but fees may be charged, according to the prescribed scale, for the grant of certified copies. 5 nothing in this section shall be deemed to authorise the collector to take possession of a any land or of any right of an intermediary therein, which may be retained by the intermediary under section 136, or b any religious institution or any building connected therewith.

section 144. of the tripura land revenue and land reforms act : 1 the compensation officer shall prepare a compensation assessment roll in respect of every estate vested in the government under chapter xi. 2 the compensation assessment roll shall contain particulars of the gross income and the net income from the estate, the share of the net income of the intermediary or each of the intermediaries, the amount of compensation payable to him or them and such other particulars as may be prescribed. 3 where an intermediary has shares or interest in two or more estates all of which have vested in the government, the particulars of the shares or interest of such intermediary in the net income from all such estates and the compensation payable to him in respect of his shares or interest in all such estates shall be shown in the compensation assessment roll relating to any one of such estates. 4 where an intermediary has shares or interest in two or more estates either or any of which has not vested in the government, the compensation payable to the intermediary shall be determined after all such estates have vested in the government, on the basis of the aggregate of his shares or interest in the net income from all such estates. 5 nothing in subsection 4 shall be construed as authorising the postponement of payment of ad interim compensation to any such intermediary as is referred to in that subsection in respect of the estate or estates which have vested in the government. 6 for the purpose of preparing the compensation assessment roll, the compensation officer may require an intermediary to submit such statements and furnish such particulars as may be prescribed.

section 138. of the tripura land revenue and land reforms act : if there is any dispute as to the possession of any homestead or land or building referred to in subsection 1 of section 136, the collector shall, on application made to him in this behalf, make such inquiry as he deems fit and pass such orders thereon as may appear to him just and proper.

section 140. of the tripura land revenue and land reforms act : every intermediary, whose right, title and interest in any estate vest in the government under chapter xi shall be entitled to receive and be paid therefor compensation as hereinafter provided.

section 141. of the tripura land revenue and land reforms act : the compensation referred to in section 140 shall be due as from the vesting date and the portion remaining unpaid shall carry interest at the rate of 2 1/2 per cent. per annum

section 146. of the tripura land revenue and land reforms act : 1 the compensation payable to an intermediary shall be a multiple of his net income from the estate or where the intermediary has shares or interests in two or more estates, of the aggregate of his net incomes from all such estates, in accordance with the following table, namely: amount of net income total compensation payable a where the net income does not exceed rs.1,000. fifteen times such net income. b where the net income exceeds rs. 1,000 but twelve times such net income or the does not exceed rs. 2,500. maximum amount under a above, whichever is greater. c where the net income exceeds rs. 2,500 but eleven times such net income or the does not exceed rs. 5,000. maximum amount under b above, whichever is greater. d where the net income exceeds rs. 5,000 ten times such net income or the maximum but does not exceed rs. 7,500. amount under c above, whichever is greater. e where the net income exceeds rs. 7,500 nine times such net income or the maximum but does not exceed rs. 10,000. amount under d above, whichever is greater. amount of net income total compensation payable f where the net income exceeds rs. 10,000 eight times such net income or the maximum but does not exceed rs. 15,000. amount under e above, whichever is greater. g where the net income exceeds rs. 15,000 seven times such net income or the maximum but does not exceed rs. 30,000. amount under f above, whichever is greater. h where the net income exceeds rs. 30,000 six times such net income or the maximum but does not exceed rs. 50,000, amount under g above, whichever is greater. i where the net income exceeds rs. 50,000 five times such net income or the maximum amount but does not exceed rs. 1,00,000. amount under h above, whichever is greater. j where the net income exceeds rs. 1,00,000 three times such net income or the maximum but does not exceed rs. 3,00,000. amount under i above, whichever is greater. k where the net income exceeds rs. 3,00,000. two times such net income or the maximum amount under j above, whichever, is greater. 2 where the net income or any portion of the net income from an estate is dedicated exclusively to charitable or religious purposes, the compensation payable in respect of such net income or portion shall, instead of being assessed under subsection 1, be assessed as a perpetual annuity equal to such net income or portion, as the case may be, payable in the prescribed manner for those purposes. explanation.for the purpose of this subsection, if the salary, remuneration or any allowance payable to the mutawalli of a wakf or the shebait of a hindu temple or a trustee of any other charitable or religious trust does not exceed 15 per cent. of the net income, then such net income shall be deemed to be dedicated exclusively to charitable or religious purposes.

section 142. of the tripura land revenue and land reforms act : 1 for the purpose of assessing compensation under this chapter, a every intermediary shall be treated as a separate unit b if two or more intermediaries hold an estate or any interest therein jointly, the share of each intermediary in such estate or interest shall be treated as a separate unit: provided that where any such estate or interest is held by a hindu joint family consisting of a common ancestor in the male line and his descendants, the family shall if the common ancestor was alive on the vesting date, be treated as one unit c if an intermediary holds shares or interest in two or more estates, the aggregate of his shares or interest in all such estates shall be treated as a single unit. 2 notwithstanding anything to the contrary contained in any other law, no partition or transfer by way of sale or gift of an estate or part thereof made on or after the 10th august, , shall be recognised for the purpose of assessing the compensation. 3 nothing in subsection 2 shall apply to a any sale made under an order of court in execution of any decree or order for payment of money, or b any sale or gift made in favour of a wakf, a trust, an endowment or a society registered under the societies registration act, 21 of and established wholly for charitable purposes, unless the government in any particular case directs otherwise.

section 143. of the tripura land revenue and land reforms act : the administrator shall, as soon as possible after the publication of a notification under section 134, appoint one or more officers to be compensation officers to prepare compensation assessment rolls and to perform such other duties as may be prescribed.

section 145. of the tripura land revenue and land reforms act : 1 for the purpose of assessment of compensation payable in respect of an estate, a the gross income from the estate shall be taken to consist of i in respect of lands other than those referred to in section 136, the rents, cesses, local rates and other amounts payable or deemed to be payable to the intermediary or intermediaries by the tenants and tenureholders for the previous year, including the commuted value of rents payable in kind which value shall be determined in the prescribed manner ii the gross income from abadi sites, fisheries, hats, bazars, ferries, forests, tolls, waste lands and other interests in the estate for the previous year iii the aggregate of the annual rents for the previous year from buildings used as offices or cutcherries and any other building which vest in the government iv any other income during the previous year appertaining to the estate vesting in the government not expressly mentioned in the foregoing subclauses b the net income from the estate shall be computed by deducting from the gross income the following, namely: i any sum which was payable by the intermediary or intermediaries during the previous year as land revenue, cesses, local rates or rent to the government in respect of the interests to which the gross income relates ii any sum payable under the bengal agricultural incometax act ben. iv of , as extended to tripura or the indian incometax act 11 of , during the previous year as defined in those acts, in respect of the interests to which the gross income relates iii charges on account of management and collection at the following rates, namely: amount of gross income rate a where the gross income exceeds rs. 30,000. 15 per centum of such gross income. b where the gross income exceeds rs. 10,/2per centum of such gross income. but does not exceed rs. 30,000. c where the gross income exceeds rs. 5, per centum of such gross income. but does not exceed rs. 10,000. d where the gross income exceeds rs. 2,/2 per centum of such gross income. but does not exceed rs. 5,000. e where the gross income does not exceed 5 per centum of such gross income. rs. 2,500. provided that the net income after deducting the charges on account of management and collection from an estate which falls under item a, b, c or d shall in no case be less than the maximum net income from an estate which falls under the item immediately, following. illustration. the net income after deducting the charges on account of management and collection at 121/2 per cent. under item b from an estate the gross income of which is rs. 10,100 will be rs. 8,837.50 while the net income after deducting the charges on account of management at 10 per cent. under item c from an estate the gross income of which is rs.10,000 will be rs. 9,000 under the proviso, the net income from the first mentioned estate shall be taken to be rs. 9,000 and not rs. 8,837.50. 2 the net income from the estate as determined under subsection 1 shall be apportioned among all the intermediaries having a share or interest in the estate in the proportion of their shares or interest, and if in doing so, any dispute involving a question of title arises, the compensation officer shall refer the parties to a civil court. explanation.for the purpose of this section except clause b ii of subsection 1, previous year means the year immediately preceding the year in which the vesting date falls.

section 149. of the tripura land revenue and land reforms act : 1 after the amount of compensation has been determined in accordance with the provisions of section 146 and entered in the compensation assessment roll, the compensation officer shall cause a draft of such roll to be published in the prescribed manner and for the prescribed period. the compensation officer shall send copies of the relevant portions of the draft roll to the intermediaries concerned and shall receive and consider any objections which may be made within three months of the receipt of such copy to any entry therein or to any omission therefrom. the compensation officer shall dispose of such objections in the prescribed manner. 2 separate draft compensation assessment rolls may be prepared and published under subsection 1 for different villages or groups of villages.

section 147. of the tripura land revenue and land reforms act : 1 the administrator shall appoint a claims officer not below the rank of subjudge to dispose of the claims of creditors whose debts are secured by a mortgage of or charge on any estate or part thereof vested in the government under section 134 and to discharge any other duties assigned to him by this act or the rules made thereunder. 2 every creditor referred to in subsection 1 shall prefer his claim in writing before the claims officer in the manner and within the time prescribed. 3 the claims officer shall inquire into the claims in accordance with such rules as may be prescribed and determine the amount to which each of the creditors is entitled. 4 where there are two or more creditors, the claims officer shall determine, in accordance with the provisions of the transfer of property act, 4 of , the order in which each such creditor is entitled to receive the amount due to him.

section 148. of the tripura land revenue and land reforms act : 1 any person aggrieved by an order of the claims officer may, within sixty days of the date of the order, prefer an appeal to the district judge having jurisdiction. 2 the decision of the district judge on appeal, or of the claims officer where no appeal is preferred, shall be final.

section 151. of the tripura land revenue and land reforms act : 1 from every order passed by a compensation officer under section 150, an appeal shall lie to a special judge appointed for the purpose, within ninety days of the date of the order. 2 an appeal shall lie to the court of the judicial commissioner, from every order passed on appeal by a special judge under subsection 1, within sixty days of the passing of such order, on any of the grounds specified in section 100 of the code of civil procedure, 5 of . 3 the decision of the judicial commissioner, or of the special judge where no second appeal is preferred, or of the compensation officer where no appeal to the special judge is preferred, shall be final.

section 150. of the tripura land revenue and land reforms act : every order of the compensation officer deciding an objection under subsection 1 of section 149 shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision.

section 152. of the tripura land revenue and land reforms act : 1 where no objection or appeal has been filed or all the objections and appeals filed have been finally disposed of, the compensation officer shall cause the draft compensation assessment roll to be finally published, or make such alterations in the draft compensation assessment roll as may be necessary to give effect to any order passed on objection made under subsection 1 of section 149 or on appeal under section 151 and cause the roll as so altered to be finally published, in the prescribed manner together with a certificate stating the fact of such final publication and the date thereof. 2 the publication of the compensation assessment roll under subsection 1 shall be conclusive evidence that the said roll has been duly made under this chapter and every entry in such roll shall, save as otherwise provided in this act, be conclusive evidence of the matters referred to in such entry.

section 153. of the tripura land revenue and land reforms act : 1 no correction of the compensation assessment roll after it has been finally published under section 152 shall be made except as provided in this section. 2 correction of bona fide mistakes or corrections necessitated by succession to or inheritance of any interest in the estate can be made by the compensation officer at any time before the payment of compensation, either of his own motion or on the application of the person interested, but no such correction shall be made while any legal proceeding affecting such entry is pending. 3 every time a correction is made under subsection 2, the compensation officer shall cause a draft of the correction to be published in the same manner as the draft compensation, assessment roll, and after considering and disposing of any objections that may be made, shall cause the correction to be finally published.

section 154. of the tripura land revenue and land reforms act : after the vesting date and before the final publication of the compensation assessment roll, ad interim payment to the outgoing intermediary may be made as follows: a the compensation officer shall calculate the probable amount of compensation payable to him b two and a half per cent. of such probable amount shall be paid ad interim to each intermediary in cash every year until such time as the compensation assessment roll is finally published c if there is any dispute as to the title of any person to receive the amount or as to the apportionment of it, the amount shall be kept in deposit in the manner prescribed until the dispute is finally determined and on such determination, the compensation officer shall pay the amount or the portion thereof to the person or persons entitled to receive the same.

section 155. of the tripura land revenue and land reforms act : 1 after the compensation assessment roll has been finally published, the compensation officer shall deduct from the amount shown in such roll as payable to an intermediary or any other person having interest in the estate, the following amounts namely: a ad interim payments made under section 154 b the amount, if any, the deduction of which has been ordered under section 135 c the amounts payable to creditors as determined by the claims officer. 2 the balance remaining after the deductions referred to in subsection 1 are made shall be given in cash, in one lump sum or in annual instalments not exceeding twenty, or in bonds, or partly in cash and partly in bonds, in accordance with such rules as may be prescribed. 3 the bonds referred to in subsection 2 may be either negotiable or nonnegotiable, and transferable in such circumstances and in such manner as may be prescribed and shall carry interest at the rate of two and a half per cent. per annum on the amount outstanding thereon, with effect from the date of issue. 4 if any dispute, arises as to the title of any person to receive the, amount or as to the apportionment of it, the compensation officer may, if he thinks fit, keep the amount of compensation or the bonds referred to above in deposit in the manner prescribed, until the dispute is finally determined and on such determination, the compensation officer shall pay the amount or the portions thereof to the person or persons entitled to receive the same.

section 160. of the tripura land revenue and land reforms act : where, as a result of the operation of this part, any person acquires the right to hold land either as a raiyat or an underraiyat, the provisions of part iii shall as far as may be, apply to the determination of such right and in such application, any reference in the said part to the commencement of this act shall be construed as a reference to the vesting date.

section 156. of the tripura land revenue and land reforms act : 1 if any person claiming as maintenance holder to be entitled to any portion of the compensation awarded to any intermediary under this chapter applies to the compensation officer for payment of the same to him, the compensation officer may, with the consent of the intermediary, direct the payment to the applicant out of the compensation of such amount as the intermediary may have agreed to be paid to the applicant, and any such payment shall be a valid discharge of the liability of the government in respect of the amount so paid. 2 if the intermediary does not give his consent, the compensation officer shall direct the applicant to file, within three months, a suit or other proceeding in the court having jurisdiction to establish his claim and order that the amount claimed shall, not in the meantime be paid to the intermediary. 3 the government shall not be made a party to any suit or proceeding instituted or commenced in pursuance of any direction given under subsection 2. 4 if the suit or proceeding referred to in subsection 2 is instituted or commenced within the period aforesaid, the compensation officer shall place the amount claimed at the disposal of the court before which such suit or proceeding is instituted. 5 if the suit or proceeding is not instituted or commenced within the period of three months aforesaid, the compensation officer shall order the amount to be paid to the intermediary. explanation.for the purpose of this section, a maintenance holder means a person entitled to receive maintenance under a registered deed, decree or order of court.

section 157. of the tripura land revenue and land reforms act : if any intermediary entitled to receive compensation in respect of any interest is a person incompetent to alienate such interest, the compensation officer shall keep the amount of compensation payable, in respect of such interest, whether in cash or in bonds, in deposit with the collector who shall arrange to invest the cash or the income from the bonds in the purchase of such government or other approved securities as the collector thinks fit and shall direct the payment of the income from such investment to the intermediary who would for the time being have been entitled to hold and enjoy such interest if it had not vested in the government and such cash, bonds and securities shall remain so deposited until they are made over to any person or persons becoming absolutely entitled thereto: provided that nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation under this section to pay the same to the person lawfully entitled thereto.

section 158. of the tripura land revenue and land reforms act : the collector, the compensation officer and the claims officer, for the purposes of any inquiries or proceedings under this part, shall have the same powers as are vested in a court under the code of civil procedure, 5 of , in respect of a enforcing the attendance of any person and examining him on oath or affirmation b compelling the production of documents and c issuing commission for the examination of witnesses and such inquiries or proceedings shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the indian penal code 45 of .

section 162. of the tripura land revenue and land reforms act : the provisions of this chapter shall not apply to land owned by the government or a local authority.

section 159. of the tripura land revenue and land reforms act : whoever a wilfully fails or neglects to comply with any requirements made of him under this part, or b contravenes any lawful order passed under this part, or c obstructs or resists the taking by the collector or any other officer authorized by him in writing of charge of any property which is vested in the government under this part, or d furnishes information which he knows or believes to be false or does not believe to be true, shall, on conviction before a magistrate, be punishable with fine which may extend to five hundred rupees.

section 161. of the tripura land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules for the purpose of carrying out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the manner of publication of a notification under section 134 b the procedure to be followed and the forms to be adopted in inquiries and proceedings under this part c the mode of service of any order, notice or other documents under this part d the form of the statements to be furnished by intermediaries e the inspection of and making notes from documents, registers and records under section 137, the grant of certified copies thereof and the fee to be charged for such grant f the form and the manner in which compensation assessment rolls shall be prepared and the particulars to be mentioned therein g the manner of apportionment of net income among intermediaries h the procedure to be followed in the case of intermediaries having shares or interest in different estates i the manner in which the preliminary and the final publication of the compensation assessment roll shall be made j the manner of determining the amount of annuities payable to religious and charitable institutions and the procedure for making payments k the manner in which the income of the previous year shall be determined l the determination of the amount of ad interim compensation m the manner in which and the period within which creditors may prefer their claims before the claims officer and the procedure to be followed in the disposal of such claims n the manner in which objections shall be submitted to the compensation officer and the procedure to be followed in the disposal of such objections o the manner of determining the commuted value of rents under section 145 p the manner of preferring appeals under chapters xi and xii q the manner of keeping in deposit the amount of compensation under sections 155 and 157 r the form and contents of bonds s the manner in which, and the circumstances under which, bonds shall be transferable, and t any other matter which is to be, or may be, prescribed.

section 165. of the tripura land revenue and land reforms act : every person representing a family who at the commencement of this act holds, or has at any time during the period between the 10th day of august, and such commencement held, land in excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: provided that in the case of a joint holding, all cosharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain. explanation.in the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be.

section 163. of the tripura land revenue and land reforms act : for the purposes of this chapter, a ceiling limit, in relation to land, means the limit fixed under section 164 b family, relation to a person, means the person, the wife or husband, as the case may be, and the dependent children and grandchildren, of such person c land does not include land used for nonagricultural purposes.

section 164. of the tripura land revenue and land reforms act : no person either by himself or, if he has a family, together with any other member of his family hereinafter referred to as the person representing the family shall, whether as a raiyat or an underraiyat or as a mortgagee with possession or otherwise, or partly in one capacity and partly in another, hold land in excess of twentyfive standard acres in the aggregate: provided that where the number of members of the family of such person exceeds five, he may hold five additional standard acres for each member in excess of five, so, however, as not to exceed fifty standard acres in the aggregate. explanation.in the case of a company, an association or any other body of individuals, the ceiling limit shall be twentyfive standard acres.

section 166. of the tripura land revenue and land reforms act : if any person, who under section 165 is required to submit a return, fails to do so, the competent authority may collect the necessary information through such agency as may be prescribed.

section 167. of the tripura land revenue and land reforms act : 1 onreceipt of any return under section 165 or information under section 166 or otherwise, the competent authority shall, after giving the persons affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having regard to the provisions of section 168 and section 169 or of any rules that may be made in this behalf, it shall determine. a the total area of land held by each person representing the family b the specific parcels of land which he may retain c the land held by him in excess of the ceiling limit d whether such excess land is held by him as a raiyat or as an underraiyat or as a mortgagee with possession e the excess land in respect of which the underraiyat or the mortgagee with possession may acquire the rights of the raiyat or the mortgagor, as the case may be f the excess land which may be restored to a raiyat or a mortgagor g the excess land which shall vest in the government and h such other matters as may be prescribed. 2 for the purposes of determining the excess land under this section, any land transferred at any time during the period between the 10th day of august, and the commencement of this act shall, notwithstanding such transfer, be deemed to be held by the transferor. 3 the competent authority shall prepare a list in the prescribed form containing the particulars determined by him under subsection 1 and shall cause every such list to be published in the official gazette and also in such other manner as may be prescribed.

section 168. of the tripura land revenue and land reforms act : 1 where any person holding land in excess of the ceiling limit at any time during the period between the 10th day of august, and the 2nd day of december, , has transferred during such period any part of his land to any other person under a registered deed for valuable consideration, the excess land to be determined under section 167 shall, to the extent possible, be selected out of the land held at the commencement of this act by the transferor in excess of a family holding and no land shall be selected out of the land transferred. 2 where any person holding land in excess of the ceiling limit at any time a during the period between the 10th day of august, and the 2nd day of december, , has transferred during such period any part of his land to any other person in any manner other than under a registered deed for valuable consideration, or b during the period between the 2nd day of december, and the commencement of this act has transferred during such period any part of his land to any other person in any manner whatsoever, the excess land to be determined under section 167 shall be selected out of the lands held at the commencement of this act by the transferor and the transferee in the same proportion as the land held by the transferor bears to the land transferred and where no land is held by the transferor, out of the land transferred. 3 where excess land is to be selected out of the lands of more than one transferee, such land shall be selected out of the lands held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the lands transferred to all the transferees. 4 where any excess land is selected out of the land transferred, the transfer of such land shall be void. 5 notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case include the homestead land of a person. explanation.for the purposes of this subsection, homestead land means the land on which the homestead whether used by the owner or let out on rent stands together with any courtyard, compound and attached garden, not exceeding one acre in the aggregate.

section 170. of the tripura land revenue and land reforms act : 1 any person aggrieved by an entry in the list published under subsection 3 of section 167 may, within thirty days from the date of publication thereof in the official gazette, file objections thereto before the collector. 2 the collector or any other officer authorised in this behalf by the administrator may, after considering the objections and after giving the objector or his representatives an opportunity of being heard in the matter, approve or modify the list. 3 the list as approved or modified under subsection 2 shall then be published in the official gazette and also in such other manner as may be prescribed and subject to the provisions of this act, the list shall be final. 4 with effect from the date of the publication of the list in the official gazette under subsection 3, a the excess land shall stand transferred to and vest in the government free of all encumbrances or b the possession of the excess land shall stand restored to the raiyat or the mortgagor, as the case may be or c the rights of the raiyat or the mortgagor in respect of the excess land shall stand transferred to the underraiyat or the mortgagee, as the case may be.

section 169. of the tripura land revenue and land reforms act : 1 where any excess land of a raiyat is in his actual possession, the excess land shall vest in the government. 2 where any excess land of a raiyat is in the possession of a person holding the same as an underraiyat or as a mortgagee and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the government. 3 where any excess land of a raiyat is in the possession of a person holding the same as an underraiyat or as a mortgagee and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire the rights of the raiyat or of the mortgagor, as the case may be, in respect of such excess land or part thereof on payment of compensation, if any, as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the government. 4 where there is any excess land of an underraiyat or of a mortgagee with possession, the excess land shall vest in the government: provided that in any case where the excess land or any part thereof held by the raiyat or the mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that person on an application made by him in this behalf to the competent authority within such time as may be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage in respect of such land shall be deemed to be a simple mortgage.

section 175. of the tripura land revenue and land reforms act : after the publication of the list of excess land under subsection 3 of section 170, and after demarcation in the prescribed manner of such land where necessary, the collector may take possession of any excess land and may use or cause to be used such force as may be necessary for the purpose.

section 176. of the tripura land revenue and land reforms act : 1 whoever being bound to submit a return under section 165 fails to do so, without reasonable cause, within the prescribed time, or submits a return which he knows or has reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees. 2 whoever contravenes any lawful order made under this chapter or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees.

section 171. of the tripura land revenue and land reforms act : 1 where any excess land of a raiyat vests in the government there shall be paid by the government to the raiyat compensation, subject to the provisions of subsection 2, of an amount equal to twenty times the net annual income from such land. explanation.for the purposes of subsection 1, the net annual income from any land shall be deemed to be onefifth of the value of the average yearly gross produce of the land, calculated in such manner as may be prescribed. 2 where such excess land or any part thereof is in the possession of an underraiyat, the compensation payable under sub section 1 in respect of the land shall be apportioned between the raiyat and the underraiyat in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land. 3 in addition to the compensation payable in respect of any excess land under subsection 1, there shall also be paid compensation in respect of any structure or building constructed on such land and any trees planted thereon and such compensation shall be determined by the competent authority in the prescribed manner, having regard to the market value of such structure or building or the value of such trees, and such compensation shall be paid to the person who has constructed the structure or building or planted the trees. 4 where any excess land in respect of which compensation is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer in respect of any excess land is void by virtue of subsection 4 of section 168, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the compensation payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor. 5 where an underraiyat acquires the rights of a raiyat in respect of any excess land, the compensation payable by him in respect of that land shall be equal to the amount which the raiyat would have been paid as compensation under subsection 2 or subsection 3 if the land had vested in the government and the amount shall, in the first instance, be paid to the raiyat by the government and shall be recovered from the underraiyat in such manner as may be prescribed. 6 where a mortgagee in possession acquires the rights of the mortgagor in respect of any excess land under subsection 3 of section 169, the compensation payable by the mortgagee in respect of that land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage debt against the market value of such excess land. 7 where any excess land of a religious or charitable institution vests in the government, such institution shall, in lieu of compensation payable under subsection 1 or subsection 2, or subsection 3, be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner. 8 the competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount of compensation payable to any person under this section.

section 172. of the tripura land revenue and land reforms act : 1 the compensation payable under section 171 shall be due from the date of the publication of the list under subsection 3 of section 170 and may be paid in cash, in a lump sum or in instalments, or in bonds. 2 where the compensation is payable in bonds, the bonds may be made not transferable or transferable by endorsement or in any other manner but all such bonds shall be redeemed within such period, not exceeding twenty years from the date of issue, as may be prescribed. 3 where there is any delay in the payment of compensation or where the compensation is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due.

section 173. of the tripura land revenue and land reforms act : no person representing a family shall acquire in any manner whatsoever, whether by transfer, exchange, lease, agreement or succession, any land where such acquisition has the effect of making the total area of the land held by him exceed the ceiling limit and any such land in excess of the ceiling limit shall be treated as excess land of the transferee and the provisions of sections 167 to 172 shall, as far as may be, apply to such excess land.

section 174. of the tripura land revenue and land reforms act : where a person representing a family holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then, notwithstanding anything contained in this chapter, such person shall not be required to surrender any part of the land on the ground that it is excess land, if such excess is due to any improvements effected in the land by the efforts of the family or to a decrease in the number of its members.

section 184. of the tripura land revenue and land reforms act : 1 the administrator may, by notification in the official gazette, make rules to carry out the purposes of this part. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which, and the period within which, a return under section 165 may be submitted b the agency through which information may be collected under section 166 c the manner of holding enquiries under this part d the matters which may be determined under subsection 1 of section 167 and the manner of determination of excess lands under this part e the form in which a list under subsection 3 of section 167 or subsection 3 of section 170 may be prepared and the manner of publication of such list f the period within which an application for restoration of excess land may be made under the proviso to subsection 4 of section 169 g the manner of apportionment of compensation between the raiyat and the underraiyat under subsection 2 of section 171 h the manner of assessment of the market value of any structure or building or trees under subsection 3 of section 171 i the manner of recovery of the compensation payable by the underraiyat under subsection 5 of section 171 j the manner of determining under subsection 6 of section 171 the market value of any excess land in respect of which a mortgagee in possession acquires the rights of the mortgagor k the manner of determination of the net annual income of any excess land for the purpose of payment of compensation under section 171 l the manner of payment of compensation, including the number of instalments in which the compensation may be paid or recovered and the period within which bonds may be redeemed m the manner of demarcation of any excess land under section 175 n the matters which may be determined by the administrator in granting an exemption under section 178 including the form in which applications and intimations may be made or given, under section 178 o the form of declarations under section 182 p any other matter which has to be, or may be, prescribed.

section 177. of the tripura land revenue and land reforms act : subject to the provisions of this act, every order made under this chapter shall be final.

section 178. of the tripura land revenue and land reforms act : 1 the administrator may, on an application made to him in this behalf within three months from the commencement of this act, exempt from the operation of section 164 a any land which is being used for growing tea, coffee or rubber including lands used or required for use for purposes ancillary to, or for the extension of, the cultivation of tea, coffee or rubber to be determined in the prescribed manner b any sugarcane farm operated by a sugar factory c any specialised farm which is being used for cattle breeding, dairy or wool raising d any person who holds a compact block of land exceeding the ceiling limit which i is being used as an orchard from before the 1st january, or ii is being used as a farm in which heavy investment or permanent structural improvements have been made and which, in the opinion of the administrator, is being so efficiently managed that its break up is likely to bring a fall in production: provided that where such person holds the compact block of land together with any other land, he shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the ceiling limit or the other land not exceeding the ceiling limit e any land which is being held by a cooperative society, provided that where a member of any such society holds a share in such land, his share shall be taken into account in determining his ceiling limit: provided that the administrator may entertain the application after the expiry of the said period of three months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time. 2 where any land in respect of which exemption has been granted to a person under clause d of subsection 1 is transferred to another person, the administrator may, on an application made to him within three months from the date of the transfer, exempt the transferee from the operation of section 164 and section 173 and the provisions of the said clause shall, as far as may be, apply to the grant of such exemption. 3 where the administrator is of opinion that the use of land for any specified purpose is expedient or necessary in the public interest, he may, by notification in the official gazette, make a declaration to that effect and on the issue of such notification, any person may, notwithstanding anything contained in section 173, acquire land in excess of the ceiling limit for being used for such specified purpose and such person shall, within one month from the date of such acquisition, send intimation thereof to the competent authority. 4 where any land, in respect of which exemption has been granted under subsection 1 or subsection 2 or subsection 3, ceases to be used, or is not within the prescribed time used, for the purpose for which exemption had been granted, the administrator may, after giving the persons affected an opportunity of being heard, withdraw such exemption.

section 179. of the tripura land revenue and land reforms act : for the purposes of this chapter, a holding means the aggregate area of land held by a person as a raiyat b fragment means a holding of less than two standard acres in area c land has the same meaning as in chapter xiii.

section 180. of the tripura land revenue and land reforms act : 1 no portion of a holding shall be transferred by way of sale, exchange, gift, bequest or mortgage with possession, so as to create a fragment: provided that the provisions of this subsection shall not apply to a gift made in favour of the bhoodan movement initiated by acharya vinoba bhave. 2 no portion of a holding shall be transferred by way of lease, where as a result of such lease, i the lessor shall be left with less than two standard acres, or ii the total area held by the lessee exceeds the limit of a family holding. 3 no fragment shall be transferred to a person who does not have some land under personal cultivation or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit of a family holding.

section 182. of the tripura land revenue and land reforms act : 1 any transfer, partition or lease of land made in contravention of the provisions of this chapter shall be void. 2 no document of transfer, partition or lease of land shall be registered unless declarations in writing are made, in such form and manner as may be prescribed, by the parties thereto before the competent registering authority under the indian registration act, 16 of , regarding lands held by each prior to the transaction and the land which each shall come to hold thereafter. 3 no registering authority shall register under the indian registration act, 16 of , any document of transfer, partition or lease of land if, from the declarations made under subsection 2, it appears that the transaction has been effected in contravention of the provisions of this chapter.

section 183. of the tripura land revenue and land reforms act : the parties to any transfer, partition or lease made or entered into in contravention of any of the provisions of this chapter shall be punishable with fine which may extend to one hundred rupees.

section 188. of the tripura land revenue and land reforms act : no suit or other proceeding shall, unless otherwise expressly provided in this act, lie or be instituted in any civil court with respect to any matter arising under and provided for by this act: provided that if in a dispute between parties a question of title is involved, a civil suit may be brought for the adjudication of such question.

section 181. of the tripura land revenue and land reforms act : 1 no holding shall be partitioned in such manner as to create a fragment. 2 a fragment shall not be partitioned unless as a result of such partition its portions get merged in holdings of two standard acres or more or in fragments so as to create holdings of two standard acres or more. 3 whenever, in a suit for partition, the court finds that the partition of a holding will result in the creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the same and distribute the proceeds thereof among the cosharers. 4 wherever a holding is put up for sale under subsection 3, a cosharer shall have the first option to purchase the holding at the highest bid if there are two or more cosharers claiming the first option, that cosharer who offers the highest consideration shall be preferred.

section 185. of the tripura land revenue and land reforms act : without prejudice to any other provision of this act, any amount due to the government, whether by way of costs, penalty or otherwise, and any other amount which is ordered to be paid to or recovered by the government, under this act shall be recoverable in the same manner as an arrear of land revenue.

section 186. of the tripura land revenue and land reforms act : 1 after the commencement of this act and before the vesting date referred to in subsection 1 of section 134, a the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and subtenants as defined in clause d of section 133 b no such tenant or subtenant shall surrender any land held by him as such and no person shall enter upon any such land unless such surrender isbona fide and is made with the previous permission in writing of the competent authority, and the provisions of subsection 3 of section 125 shall apply to any case where such permission is refused c no such tenant or subtenant shall, whether in execution of a decree or order of court or otherwise, be evicted from any such land on any ground other than those specified in clauses c and d a subsection 1 of section 118, and any proceeding for eviction of such tenant or subtenant on any ground other than those specified in the said clauses c and d pending at such commencement shall abate without prejudice to any action that may be taken under the provisions of this act. 2 where, on or after the 10th day of august, and before the commencement of this act, any such tenant or subtenant has surrendered any land held by him as such or been evicted from such land and the surrender or eviction could not have taken place if this act had been in force on the date of such surrender or eviction, the competent authority may, either on his own motion or on application made by the tenant or subtenant in this behalf, restore him to possession of the land which has been surrendered or from which he has been evicted.

section 193. of the tripura land revenue and land reforms act : whoever contravenes any provision of this act for which no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five hundred rupees.

section 191. of the tripura land revenue and land reforms act : every village accountant and every other village officer appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 192. of the tripura land revenue and land reforms act : with the previous approval of the government, the administrator may, by notification in the official gazette, exempt any class of lands from all or any of the provisions of this act.

section 187. of the tripura land revenue and land reforms act : no transfer of land by a person who is a member of the scheduled tribes shall be valid unless a the transfer is to another member of the scheduled tribes or b where the transfer is to a person who is not a member of any such tribe, it is made with the previous permission in writing of the collector or c the transfer is by way of mortgage to a cooperative society.

section 194. of the tripura land revenue and land reforms act : no suit, prosecution or other proceedings shall lie a against any officer of the government for anything in good faith done or intended to be done under this act b against the government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this act.

section 189. of the tripura land revenue and land reforms act : save as otherwise provided, the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law, custom or usage or agreement or decree or order of court.

section 190. of the tripura land revenue and land reforms act : notwithstanding anything contained in the courtfees act, 7 of , every application, appeal or other proceeding under this act shall bear a courtfee stamp of such value as may be prescribed.

section 199. of the tripura land revenue and land reforms act : 1 on and from the date on which any of the provisions of this act are brought into force in any area in the union territory of tripura, the enactments specified in the schedule or so much thereof as relate to the matters covered by the provisions so brought into force shall stand repealed in such area. 2 the repeal of any enactment or part thereof by subsection 1 shall not affect, a the previous operation of such enactment of anything duly done or suffered thereunder b any right, privilege, obligation or liability acquired, accrued or incurred under such enactment c any penalty, for forfeiture or punishment incurred in respect of any offence committed against such enactment d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed. 3 subject to the provisions contained in subsection 2, any appointment, rule, order, notification or proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any other thing done or action taken under any of the enactments or parts thereof repealed, under subsection 1 shall, in so far as it is not inconsistent with the provision of this act brought into force, be deemed to have been made, issued, granted, fixed acquired, incurred, done or taken under this act and shall continue to be in force until superseded by anything done or any action taken under this act. 4 any custom or usage prevailing at the time any of the provisions of this act are brought into force in any area in the union territory of tripura and having the force of law therein shall, if such custom or usage is repugnant to or inconsistent with such provision, cease to be operative to the extent of such repugnancy or inconsistency.

section 195. of the tripura land revenue and land reforms act : the administrator may, by notification in the official gazette delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this act, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the said notification.

section 196. of the tripura land revenue and land reforms act : if any difficulty arises in giving effect to any provision of this act, the government may, as occasion requires, take any action not inconsistent with the provisions of this act which may appear to it necessary for the purpose of removing the difficulty.

section 198. of the tripura land revenue and land reforms act : every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 197. of the tripura land revenue and land reforms act : without prejudice to any power to make rules contained elsewhere in this act, the administrator may, by notification in the official gazette, make rules generally to carry out the purposes of this act.

section 1. of the delhi rent control act : 1 this act may be called the delhi rent control act, . 2 it extends to the areas included within the limits of the new delhi municipal committee and the delhi cantonment board and to such urban areas within the limits of the municipal corporation of delhi as are specified in the first schedule: provided that the central government may, by notification1 in the official gazette, extend this act or any provision thereof, to any other urban area included within the limits of the municipal corporation of delhi of exclude any area from the operation of this act or any provision thereof. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. extended to the former najafgarh and narela n.a.c. areas and to other notified localities vide notification no. g.s.r. 486, dated 12.4., gazette of india, pt. ii, s. 3i page 449. 2. 9th february, , vide notification no. s.o. 269, dated , gazette of india, pt. ii, sec. 3ii, p. 331.

section 2. of the delhi rent control act : in this act, unless the context otherwise requires, a basic rent, in relation to premises let out before the 2nd day of june, , means the basic rent of such premises as determined in accordance with the provisions of the second schedule b controller means a controller appointed under subsection 1 of section 35 and includes an additional controller appointed under subsection 2 of that section c fair rate means the fair rate fixed under section 31 and includes the rate as revised under section 32 d hotel or lodging house means a building or part of a building where lodging with or without board or other services is provided for a monetary consideration e landlord means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant f lawful increase means an increase in rent permitted under the provisions of this act g manager of a hotel includes any person in charge of the management of the hotel h owner of a lodging house means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house i premises means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes, i the garden, grounds and outhouses, if any, appertaining to such building or part of the building ii any furniture supplied by the landlord for use in such building or part of the building but does not include a room in a hotel or lodging house j prescribed means prescribed by rules made under this act k standard rent, in relation to any premises, means the standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent 1l tenant means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes i a subtenant ii any person continuing in possession after the termination of his tenancy and iii in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and conditions specified, respectively, in explanation i and explanation ii to this clause, such of the aforesaid persons a spouse, b son or daughter, or, where there are both son and daughter, both of them, c parents, d daughterinlaw, being the widow of his predeceased son, as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include, a any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be reopened under the proviso to section 3 of the delhi rent control amendment act, 18 of b any person to whom a licence, as defined by section 52 of the indian easements act, 5 of , has been granted. explanation i.the order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows: a firstly, his surviving spouse b secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his death c thirdly, his parents, if there is no surviving spouse, son or daughter of the deceased person, or if such surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death and d fourthly, his daughterinlaw, being the widow of his predeceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death. explanation ii. if the person, who acquires, by succession, the right to continue in possession after the termination of the tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished. explanation iii.for the removal of doubts, it is hereby declared that, a where, by reason of explanation ii, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession after the termination of the tenancy but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category or categories, as the case may be b the right of every successor, referred to in explanation i, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs m urban area has the same meaning as in the delhi municipal corporation act, 66 of . 1. subs. by act 18 of , s. 2, for clause l w.e.f. .

section 3. of the delhi rent control act : nothing in this act shall apply a to any premises belonging to the government 1 b to any tenancy or other like relationship created by a grant from the government in respect of the premises taken on lease, or requisitioned, by the government: 2provided that where any premises belonging to government have been or are lawfully let by any person by virtue of an agreement with the government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this act shall apply to such tenancy. 3c to any premises, whether residential or not, whose monthly rent exceeds three thousand and five hundred rupees or d to any premises constructed on or after the commencement of the delhi rent control amendment act, , for a period of ten years from the date of completion of such construction

section 6. of the delhi rent control act : 1 subject to the provisions of subsection 2, standard rent, in relation to any premises means a in the case of residential premises 1 where such premises have been let out at any time before the 2nd day of june, , a if the basic rent of such premises per annum does not exceed six hundred rupees, the basic rent or b if the basic rent of such premises per annum exceeds six hundred rupees, the basic rent together with ten per cent. of such basic rent 2 where such premises have been let out at any time on or after the 2nd day of june, , a in any case where the rent of such premises has been fixed under the delhi and ajmermerwara rent control act, 19 of , or the delhi and ajmer rent control act, 38 of , i if such rent per annum does not exceed twelve hundred rupees, the rent so fixed or ii if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with ten per cent. of such rent b in any other case, the rent calculated on the basis of 1ten per cent. per annum of the aggregate amount of the 2actual cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction 3 b in the case of premises other than residential premises 1 where the premises have been let out at any time before the 2nd day of june, , the basic rent of such premises together with ten per cent. of such basic rent: provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words ten per cent., the words fifteen per cent. had been substituted 2 where the premises have been let out at any time on or after the 2nd day of june, , a in any case where the rent of such premises has been fixed under the delhi and ajmermerwara rent control act, 19 of or the delhi and ajmer rent control act, 38 of , i if such rent per annum does not exceed twelve hundred rupees, the rent so fixed or ii if such rent per annum exceeds twelve hundred rupees, the rent so fixed together with fifteen per cent. of such rent b in any other case, the rent calculated on the basis of 4ten per cent. per annum of the aggregate amount of the 5tactual cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction: 6 2 notwithstanding anything contained in subsection 1, a in the case of any premises, whether residential or not, constructed on or after the 2nd day of june, , but before the 9th day of june, , the annual rent calculated with reference to the rent at which the premises were let for the month of march, , or if they were not so let, with reference to the rent at which they were last let out, shall be deemed to be the standard rent for a period of seven years from the date of the completion of the construction of such premises 7 b in the case of any premises, whether residential or not, constructed on or after the 9th day of june, , including premises constructed after the commencement of this act 8but before the commencement of the delhi rent control amendment act, , the annual rent calculated with reference to the rent agreed upon between the landlord and the tenant when such premises were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out. 8c in the case of any premises, whether residential or not, constructed on or after the commencement of the delhi rent control amendment act, and to which the provisions of this act are made applicable by virtue of clause d of section 3, the rent calculated on the basis of ten per cent. per annum of the aggregate amount of the actual cost of construction of the premises and the market price of the land comprised in the premises on the date of commencement of the construction, of the premises shall be deemed to be the standard rent. 3 for the purposes of this section, residential premises include premises let out for the purposes of a public hospital, an educational institution, a public library, reading room or an orphanage. 1. subs. by act 57 of , s. 3, for seven and onehalf per cent. w.e.f. . 2. subs. by s. 3, ibid., for reasonable w.e.f. . 3. proviso omitted by s. 3, ibid. w.e.f. . 4. subs. by act 57 of , s. 3, for seven and onehalf per cent. w.e.f. . 5. subs. by s. 3, ibid., for reasonable w.e.f. . 6. proviso omitted by s. 3, ibid., w.e.f. . 7. proviso omitted by s. 3, ibid., w.e.f. . 8. ins. by s. 3, ibid. w.e.f. .

section 4. of the delhi rent control act : 1 except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of january, , no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this act. 2 subject to the provisions of subsection 1 any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only.

section 6a. of the delhi rent control act : 16a. revision of rent.notwithstanding anything contained in this act, the standard rent, or, where no standard rent is fixed under the provisions of this act in respect of any premises, the rent agreed upon between the landlord and the tenant, may be increased by ten per cent. every three years. 1. ins. by s. 4, ibid. w.e.f. .

section 5. of the delhi rent control act : 1 subject to the provisions of this act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary. 2 no person shall, in consideration of the grant, renewal or continuance of a tenancy or subtenancy of any premises, a claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent or b except with the previous permission of the controller, claim or receive the payment of any sum exceeding one months rent of such premises as rent in advance. 3 it shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a subtenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or subtenancy, as the case may be, of any premises. 4 nothing in this section shall apply a to any payment made in pursuance of an agreement entered into before the 1st day of january, or b to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family: provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person. explanation.for the purposes of clause b of this subsection, a member of the family of a person means, in the case of an undivided hindu family, any member of the family of that person and in the case of any other family, the husband, wife, son daughter, father, mother, brother, sister or any other relative dependent on that person.

section 8. of the delhi rent control act : 1 where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given. 2 every notice under subsection 1 shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the transfer of property act, 4 of .

section 14. of the delhi rent control act : 1 notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or controller in favour of the landlord against a tenant: provided that the controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely: a that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served of him by the landlord in the manner provided in section 106 of the transfer of property act, 4 of b that the tenant has, on or after the 9th day of june, , sublet, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord c that the tenant has used the premises for a purpose other than that for which they were let i if the premises have been let on or after the 9th day of june, , without obtaining the consent in writing of the landlord or ii if the premises have been let before the said date without obtaining his consent d that the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof e that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable residential accommodation explanation.for the purposes of this clause, premises let for residential purposes include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes f that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated g that the premises are required bona fide by the landlord for the purpose of building or rebuilding or making thereto any substantial additions or alterations and that such building or rebuilding or addition or alteration cannot be carried out without the premises being vacated h that the tenant has, whether before or after the commencement of this act, 1, acquired vacant possession of, or been allotted, a residence 1hh that the tenant has, after the commencement of the delhi rent control amendment act, , built a residence and ten years have elapsed thereafter i that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this act, to be in such service or employment j that the tenant has, whether before or after the commencement of this act, caused or permitted to be caused substantial damage to the premises k that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the government or the delhi development authority or the municipal corporation of delhi while giving him a lease of the land on which the premises are situate l that the landlord requires the premises in order to carry out any building work at the instance of the government or the delhi development authority or the municipal corporation of delhi is pursuance of any improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated. 2 no order for the recovery of possession of any premises shall be made on the ground specified in clause a of the proviso to subsection 1, if the tenant makes payment or deposit as required by section 15 provided that no tenant shall be entitled to the benefit under this subsection, if, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months. 3 no order for the recovery of possession in any proceeding under subsection 1 shall be binding on any subtenant referred to in section 17 who has given notice of his subtenancy to the landlord under the provisions of that section, unless the subtenant is made a party to the proceeding and the order for eviction is made binding on him. 4 for the purposes of clause b of the proviso to subsection 1, any premises which have been let for being used for the purposes of business or profession shall be deemed to have been sublet by the tenant, if the controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after the 16th day of august, , allowed any person to occupy the whole or any part of the premises ostensibly on the ground that such person is a partner of the tenant in the business or profession but really for the purpose of subletting such premises to that person. 5 no application for the recovery of possession of any premises shall lie under subsection 1 on the ground specified in clause c of the proviso thereto, unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice and no order for eviction against the tenant shall be made in such a case, unless the controller is satisfied that the misuse of the premises is of such a nature that it is a public nuisance or that it causes damage to the premises or is otherwise detrimental to the interest of the landlord. 6 where a landlord has acquired any premises by transfer, no application for the recovery of possession of such premises shall lie under subsection 1 on the ground specified in clause e of the proviso thereto, unless a period of five years have elapsed from the date of the acquisition. 7 where an order for the recovery of possession of any premises is made on the ground specified in clause e of the proviso to subsection 1, the landlord shall not be entitled to obtain possession thereof before the expiration of a period of six months from the date of the order. 8 no order for the recovery of possession of any premises shall be made on the ground specified in clause g of the proviso to subsection 1, unless the controller is satisfied that the proposed reconstruction will not radically alter the purpose for which the premises were let or that such radical alteration is in the public interest, and that the plans and estimates of such reconstruction have been properly prepared and that necessary fund for the purpose are available with the landlord. 9 no order for the recovery of possession of any premises shall be made on the ground specified in clause i of the proviso to subsection 1, if the controller is of opinion that there is any bona fide dispute as to whether the tenant has ceased to be in the service or employment of the landlord. 10 no order for the recovery of possession of any premises shall be made on the ground specified in clause j of the proviso to subsection 1, if the tenant, within such time as may be specified in this behalf by the controller, carries out repairs to the damage caused to the satisfaction of the controller or pays to the landlord such amount by way of compensation as the controller may direct. 11 no order for the recovery of possession of any premises shall be made on the ground specified in clause k of the proviso to subsection 1, if the tenant, within such time as may be specified in this behalf by the controller, complies with the condition imposed on the landlord by any of the authorities referred to in that clause or pays to that authority such amount by way of compensation as the controller may direct. 1. the word built omitted by act 57 of , s. 8 w.e.f. . 2. ins. by s. 8, ibid. w.e.f. .

section 9. of the delhi rent control act : 1 the controller shall, on an application made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises i the standard rent referred to in section 6 or ii the increase, if any, referred to in section 7. 2 in fixing the standard rent of any premises of the lawful increase thereof, the controller shall fix an amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case: 1provided that in working out the cost of construction of any premises or the market price of the land comprised in such premises for the purposes of section 6, or the cost of improvement, addition or alteration referred to in section 7, the controller may take the assistance of any valuer approved by the central government in accordance with such rules as may be prescribed and the assessment shall be made by such valuer in the manner prescribed. 3 in fixing the standard rent of any premises part of which has been lawfully sublet, the controller may also fix the standard rent of the part sublet. 4 where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under section 6, the controller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises. 5 the standard rent shall in all cases be fixed for a tenancy of twelve months: provided that where any premises are let or relet for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months. 6 in fixing the standard rent of any premises under this section, the controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant. 7 in fixing the standard rent of any premises under this section, the controller shall specify a date from which the standard rent so fixed shall be deemed to have effect: provided that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application for the fixation of the standard rent. 1. ins. by act 57 of , s. 6 w.e.f. .

section 10. of the delhi rent control act : no collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds, the amount which he is entitled under this act to realise from the tenant or tenants of the premises.

section 11. of the delhi rent control act : any landlord or tenant may file an application to the controller for fixing the standard rent of the premises or for determining the lawful increase of such rent, a in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose, before the commencement of this act, within two years from such commencement b in the case of any premises let after the commencement of this act 1but before the commencement of the delhi rent control amendment act, , i where the application is made by the landlord, within two years from the date on which the premises were let to the tenant against whom the application is made ii where the application is made by the tenant, within two years from the date on which the premises were let to that tenant 2and c in the case of any premises in which the cause of action of lawful increase of rent arises after the commencement of this act within two years from the date on which the cause of action arises 2and 1d in the case of any premises referred to in clause c of subsection 2 of section 6, within two years from the date of such application: provided that the controller may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time. 1. ins. by act 57 of , s. 7 w.e.f. . 2. clause d has been ins. by s. 7 ibid. as a result of this insertion the word and of the end of subclause ii of clause b ought to have been omitted and added at the end of clause c, which has been done by act 57 of . the irregularity has set right. ed.

section 12. of the delhi rent control act : where any sum or other consideration has been paid, whether before or after the commencement of this act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this act or of the delhi and ajmer rent control act, 38 of , the controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by the tenant.

section 13., not recoverable under the act. of the delhi rent control act : where any sum or other consideration has been paid, whether before or after the commencement of this act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this act or of the delhi and ajmer rent control act, 38 of , the controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by the tenant.

section 15. of the delhi rent control act : 1 in every proceeding of the recovery of possession of any premises on the ground specified in clause a of the proviso to subsection 1 of section 14, the controller shall, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate. 2 if, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in subsection 1, the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said subsection. 3 if, in any proceeding referred to in subsection 1 or subsection 2, there is any dispute as to the amount of rent payable by the tenant, the controller shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of subsection 1 or subsection 2, as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this act, and the amount of arrears if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent is fixed or such further time as the controller may allow in this behalf. 4 if, in any proceeding referred to in subsection 1 or subsection 2, there is any dispute as to the person or persons to whom the rent is payable, the controller may direct the tenant to deposit with the controller the amount payable by him under subsection 1 or subsection 2 or subsection 3, as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the controller decides the dispute and makes an order for payment of the same. 5 if the controller is satisfied that any dispute referred to in subsection 4 has been raised by a tenant for reasons which are false or frivolous, the controller may order the defence against eviction to be struck out and proceed with the hearing of the application. 6 if a tenant makes payment or deposit as required by subsection 1 or subsection 3, no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the controller may allow such costs as he may deem fit to the landlord. 7 if a tenant fails to make payment or deposit as required by this section, the controller may order the defence against eviction to be struck out and proceed with the hearing of the application.

section 14c. of the delhi rent control act : 114c. right to recover immediate possession of premises to accrue to central government and delhi administration employees.1 where the landlord is a retired employee of the central government or of the delhi administration, and the premises let out by him are required for his own residence, such employee may, within one year from the date of his retirement or within a period of one year from the date of commencement of the delhi rent control amendment act, , whichever is later, apply to the controller for recovering the immediate possession of such premises. 2 where the landlord is an employee of the central government or of the delhi administration and has a period of less than one year preceding the date of his retirement and the premises let out by him are required by him for his own residence after his retirement, he may, at any time within a period of one year before the date of his retirement, apply to the controller for recovering the immediate possession of such premises. 3 where the landlord referred to in subsection 1 or subsection 2 has let out more than one premises, it shall be open to him to make an application under that subsection in respect of only one of the premises chosen by him. 1. ins. by act 57 of , s. 9 w.e.f. .

section 17. of the delhi rent control act : 1 where, after the commencement of this act, any premises are sublet either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the subtenant to whom the premises are sublet may, in the prescribed manner, give notice to the landlord of the creation of the subtenancy within one month of the date of such subletting and notify the termination of such subtenancy within one month of such termination. 2 where, before the commencement of this act, any premises have been lawfully sublet either in whole or in part by the tenant, the tenant or the subtenant to whom the premises have been sublet may, in the prescribed manner, give notice to the landlord of the creation of the subtenancy within six months of the commencement of this act, and notify the termination of such subtenancy within one month of such termination. 3 where in any case mentioned in subsection 2, the landlord contests that the premises were not lawfully sublet, and an application is made to the controller in this behalf, either by the landlord or by the subtenant, within two months of the date of the receipt of the notice of subletting by the landlord or the issue of the notice by the tenant or the subtenant, as the case may be, the controller shall decide the dispute.

section 14b. of the delhi rent control act : 114b. right to recover immediate possession of premises to accrue to members of the armed forces, etc. 1 where the landlord a is a released or retired person from any armed forces and the premises let out by him are required for his own residence or b is a dependent of a member of any armed forces who had been killed in action and the premises let out by such member are required for the residence of the family of such member, such person or, as the case may be, the dependent may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the date of death of such member, or within a period of one year from the date of commencement of the delhi rent control amendment act, , whichever is later, apply to the controller for recovering the immediate possession of such premises. 2 where the landlord is a member of any of the armed forces and has a period of less than one year preceding the date of his retirement and the premises let out by him are required for his own residence after his retirement, he may, at any time, within a period of one year before the date of his retirement, apply to the controller for recovering the immediate possession of such premises. 3 where the landlord referred to in subsection 1 or subsection 2 has let out more than one premises, it shall be open to him to make an application under that subsection in respect of only one of the premises chosen by him. explanation.for the purposes of this section, armed forces means an armed force of the union constituted under an act of parliament and includes a member of the police force constituted under section 3 of the delhi police act, 34 of . 1. ins. by act 57 of , s. 9 w.e.f. .

section 18. of the delhi rent control act : 1 where an order for eviction in respect of any premises is made under section 14 against a tenant but not against a subtenant referred to in section 17 and a notice of the subtenancy has been given to the landlord, the subtenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in his occupation on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued. 2 where, before the commencement of this act, the interest of a tenant in respect of any premises has been determined without determining the interest of any subtenant to whom the premises either in whole or in part had been lawfully sublet, the subtenant shall, with effect from the date of the commencement of this act, be deemed to have become a tenant holding directly under the landlord on the same terms and conditions on which the tenant would have held from the landlord, if the tenancy had continued.

section 14d. of the delhi rent control act : 114d. right to recover immediate possession of premises to accrue to a widow. 1 where the landlord is a widow and the premises let out by her, or by her husband, are required by her for her own residence, she may apply to the controller for recovering the immediate possession of such premises. 2 where the landlord referred to in subsection 1 has let out more than one premises, it shall he open to her to make an application under that subsection in respect of any one of the premises chosen by her. 1. ins. by act 57 of , s. 9 w.e.f. .

section 14a. of the delhi rent control act : 114a. right to recover immediate possession of premises to accrue to certain persons. 1 where a landlord who, being a person in occupation of any residential premises allotted to him by the central government or any local authority is required, by, or in pursuance of, any general or special order made by that government or authority, to vacate such residential accommodation, or in default, to incur certain obligations, on the ground that he owns, in the union territory of delhi, a residential accommodation either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force or in any contract whether express or implied, custom or usage to the contrary, a right to recover immediately possession of any premises let out by him: provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the union territory of delhi, two or more dwelling houses whether in his own name or in the name of his wife or dependent child to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover. 2 notwithstanding anything contained elsewhere in this act or in any there law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by subsection 1, no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority: provided that where the landlord had received, a any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represent the rent payable for the unexpired portion of the contract, agreement or lease b any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease: provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent per annum on the amount which he has omitted or failed to refund. 1. ins. by act 18 of , s. 5 w.e.f. .

section 16. of the delhi rent control act : 1 where at any time before the 9th day of june, , a tenant has sublet the whole or any part of the premises and the subtenant is, at the commencement of this act, in occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for such subletting, the premises shall be deemed to have been lawfully sublet. 2 no premises which have been sublet either in whole or in part on or after the 9th day of june, , without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sublet. 3 after the commencement of this act, no tenant shall, without the previous consent in writing of the landlord, a sublet the whole or any part of the premises held by him as a tenant or b transfer or assign his rights in the tenancy or in any part thereof. 4 no landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever in cash or in kind for giving his consent to the subletting of the whole or any part of the premises held by the tenant.

section 19. of the delhi rent control act : 1 where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause e of the proviso to subsection 1 of section 14 1or under sections 14a, 14b, i4c, 14d and 21, the landlord shall not, except with the permission of the controller obtained in the prescribed manner, relet the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the controller may direct the landlord to put such evicted tenant in possession of the premises. 2 where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from the date of obtaining possession, relet to any person other than the evicted tenant without obtaining the permission of the controller under subsection 1 or the possession of such premises is transferred to another person for reasons which do not appear to the controller to be bona fide, the controller may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the controller thinks fit. 1. ins. by act 57 of , s. 10 w.e.f. .

section 20. of the delhi rent control act : 1 in making any order on the grounds specified in clause f or clause g of the proviso to subsection 1 of section 14, the controller shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or rebuilding, as the case may be. 2 if the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs of building or rebuilding, place the tenant in occupation of the premises or part thereof. 3 if, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or rebuilding within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accordance with subsection 2, the controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to the tenant such compensation as the controller thinks fit.

section 25. of the delhi rent control act : notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the controller under this act for the recovery of possession of such premises the order shall, subject to the provisions of section 18, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such person therefrom: provided that nothing in this section shall apply to any persons who has an independent title to such premises.

section 21. of the delhi rent control act : 11 where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in any other law, the controller may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises. 22 while making an order under subsection 1, the controller may award to the landlord such damages for the use or occupation of the premises at such rates as he considers proper in the circumstances of the case for the period from the date of such order till the date of actual vacation by the tenant. 1. section 21 renumbered as subsection 1 thereof by act 57 of , s. 11 w.e.f. . 2. ins. by s. 11, ibid. w.e.f. .

section 25b. of the delhi rent control act : 125b. special procedure for the disposal of applications for eviction on the ground of bona fide requirement. 1 every application by a landlord for the recovery of possession of any premises on the ground specified in clause e of the proviso to subsection 1 of section 14, or under section 14a 2or under section 14b or under section i4c or under section 14d, shall be dealt with in accordance with the procedure specified in this section. 2 the controller shall issue summons, in relation to every application referred to in subsection 1, in the form specified in the third schedule. 3 a the controller shall, in addition to, and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgment due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain. b when an acknowledgement purporting to be signed by the tenant or his agent is received by the controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the controller may declare that there has been a valid service of summons. 4 the tenant on whom the summons is duly served whether in the ordinary way or by registered post in the form specified in the third schedule shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the controller as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. 5 the controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises on the ground specified in clause c of the proviso to subsection 1 of section 14, or under section 14a. 6 where leave is granted to the tenant to contest the application, the controller shall commence the hearing of the application as early as practicable. 7 notwithstanding anything contained in subsection 2 of section 37, the controller shall, while holding an inquiry in a proceeding to which this chapter applies, follow the practice and procedure of a court of small causes, including the recording of evidence. 8 no appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the controller in accordance with the procedure specified in this section: provided that the high court may, for the purpose of satisfying itself that an order made by the controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit. 9 where no application has been made to the high court on revision, the controller may exercise the powers of review in accordance with the provisions of order xlvii of the first schedule to the code of civil procedure, 5 of . 10 save as otherwise provided in this chapter, the procedure for the disposal of an application for eviction on the ground specified in clause e of the proviso to subsection 1 of section 14, or under section 14a, shall be the same as the procedure for the disposal of applications by controllers. 1. chapter iiia consisting of sections 25a to 25c ins. by act 18 of , s. 6 w.e.f. . 2. ins. by act 57 of , s. 13 w.e.f. .

section 22. of the delhi rent control act : where the landlord in respect of any premises is any company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities, then, notwithstanding anything contained in section 14 or any other law, the controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the controller is satisfied a that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment or b that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises or c that any other person is in unauthorised occupation of such premises or d that the premises are required bona fide by the public institution for the furtherance of its activities. explanation.for the purposes of this section, public institution includes any educational institution, library, hospital and charitable dispensary 1but does not include any such institution set up by any private trust. 1. added by act 57 of , s. 12 w.e.f. .

section 23. of the delhi rent control act : where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, the controller may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case.

section 25c. of the delhi rent control act : 125c. act to have effect in a modified form in relation to certain persons.1 nothing contained in subsection 6 of section 14 shall apply to a landlord who, being a person in occupation of any residential premises allotted to him by the central government or any local authority is required by or in pursuance of, an order made by that government or authority to vacate such residential accommodation, or, in default, to incur certain obligations, or the ground that he owns a residential accommodation either in his own name or in the name of his wife or dependent child in the union territory of delhi. 2 in the case of a landlord who, being a person of the category specified in subsection 1, has obtained, on the ground specified in clause e of the proviso to subsection 1 of section 14, or under section 14a, an order for the eviction of a tenant from any premises, the provisions of subsection 7 of section 14 shall have effect as if for the words six months, occurring therein, the words two months were substituted. 1. chapter iiia consisting of sections 25a to 25c ins. by act 18 of , s. 6 w.e.f. .

section 24. of the delhi rent control act : notwithstanding anything contained in section 14, where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal byelaws, for the time being in force, to erect any building, whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him and the controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the controller may a direct such severance b place the landlord in possession of the vacant land c determine the rent payable by the tenant in respect of the rest of the premises and d make such other order as he thinks fit in the circumstances of the case.

section 25a. of the delhi rent control act : 125a. provisions of this chapter to have overriding effect.the provisions of this chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this act or in any other law for the time being in force. 2. chapter iiia consisting of sections 25a to 25c ins. by act 18 of , s. 6 w.e.f. .

section 27. of the delhi rent control act : 1 where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the controller in the prescribed manner: 1provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may remit such rent to the controller by postal money order. 2 the deposit shall be accompanied by an application by the tenant containing the following particulars, namely: a the premises for which the rent is deposited with a description sufficient for identifying the premises b the period for which the rent is deposited c the name and address of the landlord or the person or persons claiming to be entitled to such rent d the reasons and circumstances for which the application for depositing the rent is made e such other particulars as may be prescribed. 3 on such deposit of the rent being made, the controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit. 4 if an application is made for the withdrawal of any deposit of rent, the controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed: provided that no order for payment of any deposit of rent shall be made by the controller under this subsection without giving all persons named by the tenant in his application under subsection 2 as claiming to be entitled to payment of such rent an opportunity of being heard and such order shall be without prejudice to the rights of such persons to receive such rent being decided by a court of competent jurisdiction. 5 if at the time of filing the application under subsection 4, but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the controller that the statements in the tenants application of the reasons and circumstances which led him to deposit the rent are untrue, the controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months rent, if the controller is satisfied that the said statements were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation. 6 the controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months rent, if the controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to him within the time referred to in section 26 and may further order that a sum out of the fine realised be paid to the tenant as compensation. 1. ins. by s. 15, ibid. w.e.f. .

section 26. of the delhi rent control act : 1 every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable 1and where any default occurs in the payment of rent, the tenant shall be liable to pay simple interest at the rate of fifteen per cent, per annum from the date on which such payment of rent is due to the date on which it is paid. 2 every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid to him, signed by the landlord or his authorised agent: 2provided that it shall be open to the tenant to remit the rent to his landlord by postal money order. 3 if the landlord or his authorised agent refuses or neglects to deliver to the tenant a receipt referred to in subsection 2, the controller may, on an application made to him in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order direct the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent paid. 1. added by act 57 of , s. 14 w.e.f. . 2. ins. by s. 14, ibid. w.e.f. .

section 28. of the delhi rent control act : 1 no rent deposited under section 27 shall be considered to have been validly deposited under that section, unless the deposit is made within twentyone days of the time referred to in section 26 for payment of the rent. 2 no such deposit shall be considered to have been validly made, if the tenant wilfully makes any false statement in his application for depositing the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant. 3 if the rent is deposited within the time mentioned in subsection 1 and does not cease to be a valid deposit for the reason mentioned in subsection 2, the deposit shall constitute payment of rent to the landlord, as if the amount deposited had been validly tendered.

section 29. of the delhi rent control act : 1 the withdrawal of rent deposited under section 27 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenants application for depositing the rent under the said section. 2 any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to government by an order made by the controller, if it is not withdrawn before the expiration of five years from the date of posting of the notice of deposit. 3 before passing an order of forfeiture the controller shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post at the last known address of such landlord or person or persons and shall also publish the notice in his office and in any local newspaper.

section 34. of the delhi rent control act : notwithstanding anything contained in this act, the manager of a hotel or the owner of a lodging house shall he entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the controller certifying a that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighboring ledger explanation. for the purposes of this clause, nuisance shall be deemed to include any act which constitutes an offence under the suppression of immoral traffic in women and girls act, of b that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory to the controller c that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof d that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owners interest therein e that the lodger has failed to pay the rent due from him.

section 30. of the delhi rent control act : the provisions of this chapter shall apply to all hotels and lodging houses in the areas which, immediately before the 7th day of april, , were included in the new delhi municipal committee, municipal committee, delhi and the notified area committee, civil station, delhi and may be applied by the central government, by notification in the official gazette, to hotels and lodging houses within the limits of such other urban area of the municipal corporation of delhi as may be specified in the notification: provided that if the central government is of opinion that it would not be desirable in the public interest to make the provisions of this chapter applicable to any class of hotels or lodging houses, it may, by notification in the official gazette, exempt such class of hotels or lodging houses from the operation of this chapter.

section 33. of the delhi rent control act : when the controller has determined the fair rate of charges in respect of a hotel or lodging house, a the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the controller, withdraw from the lodger any concession or service allowed at the time when the controller determined the fair rate b any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate c any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel or the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.

section 31. of the delhi rent control act : 1 where the controller, on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging houses are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specified separately the rate for lodging, board or other services. 2 in determining the fair rate under subsection 1, the controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of june, , and to any general increase in the cost of living after that date.

section 32. of the delhi rent control act : on a written application from the manager of a hotel or the owner of a lodging house or otherwise, the controller may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of fair rate.

section 38. of the delhi rent control act : 1 an appeal shall lie from every order of the controller made under this act 1only on questions of law to the rent control tribunal hereinafter referred to as the tribunal consisting of one person only to be appointed by the central government by notification in the official gazette: 1provided that no appeal shall lie from an order of the controller made under section 21. 2 an appeal under subsection 1 shall be preferred within thirty days from the date of the order made by the controller: provided that the tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 3 the tribunal shall have all the power vested in a court under the code of civil procedure, 5 of , when hearing an appeal. 4 without prejudice to the provisions of subsection 3, the tribunal may, on an application made to it or otherwise, by order transfer any proceeding pending before any controller or additional controller to another controller or additional controller and the controller or additional controller to whom the proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the proceeding. 5 a person shall not be qualified for appointment to the tribunal, unless he is, or has been, a district judge or has for at least ten years held a judicial office in india. 1. ins. by act 57 of , s. 16 w.e.f. .

section 36. of the delhi rent control act : 1 the controller may a transfer any proceeding pending before him for disposal to any additional controller, or b withdraw any proceeding pending before any additional controller and dispose it of himself or transfer the proceeding for disposal to any other additional controller. 2 the controller shall have the same powers as are tested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c issuing commissions for the examination of witnesses d any other matter which may be prescribed and any proceeding before the controller shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code 45 of , and the controller shall be deemed to be a civil court within the meaning of section 480 and section 482 of the code of criminal procedure, 5 of . 3 for the purposes of holding any inquiry or discharging any duty under this act, the controller may, a after giving not less than twentyfour hours notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset or b by written order, require any person to produce for his inspection all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order. 4 the controller may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise him in the proceeding before him.

section 38a. of the delhi rent control act : 138a. additional rent control tribunals.1 for the expeditious disposal of appeals and applications under section 38, the central government may, by notification in the official gazette, constitute as many additional rent control tribunals as it deems fit and appoint to each such additional rent control tribunal hereinafter referred to as the additional tribunal one person qualified for appointment to the tribunal in accordance with the provisions of subsection 5 of that section. 2 notwithstanding anything contained in section 38, the tribunal may, by order in writing, a specify the appeals or classes of appeals under subsection 1 of that section which may be preferred to and disposed of by each additional tribunal and the classes of cases in which each additional tribunal may exercise the powers of the tribunal under subsection 4 of that section b transfer any appeal or proceeding pending before it for disposal to any additional tribunal or c withdraw any appeal or proceeding pending before any additional tribunal and dispose it of itself or transfer the appeal or proceeding for disposal to any other additional tribunal. 3 the provisions of subsections 2 and 3 of section 38 shall apply in relation to an additional tribunal as they apply in relation to the tribunal.

section 35. of the delhi rent control act : 1 the central government may, by notification in the official gazette, appoint as many controllers as it thinks fit, and define the local limits within which, or the hotels and lodging houses in respect of which, each controller shall exercise the powers conferred, and perform the duties imposed, on controllers by or under this act. 2 the central government may also, by notification in the official gazette, appoint as many additional controllers as it thinks fit and an additional controller shall perform such of the functions of the controller as may, subject to the control of the central government, be assigned to him in writing by the controller and in the discharge of these functions, an additional controller shall have and shall exercise the same powers and discharge the same duties as the controller. 3 a person shall not be qualified for appointment as a controller or an additional controller, unless he has for at least five years held a judicial office in india or has for at least seven years been practising as an advocate or a pleader in india.

section 40. of the delhi rent control act : clerical or arithmetical mistakes in any order passed by a controller or 1the tribunal or an additional tribunal or errors arising therein from any accidental slip or omission may, at any time, be corrected by the controller or 1the tribunal on an additional tribunal on an application received in this behalf from any of the parties or otherwise.

section 37. of the delhi rent control act : 1 no order which prejudicially affects any person shall be made by the controller under this act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the controller. 2 subject to any rules that may be made under this act, the controller shall, while holding an inquiry in any proceeding before him, follow as far as may be the practice and procedure of a court of small causes, including the recording of evidence. 3 in all proceedings before him, the controller shall consider the question of costs and award such costs to or against any party as the controller considers reasonable.

section 41. of the delhi rent control act : any fine imposed by a controller under this act shall be paid by the person fined within such time as may be allowed by the controller and the controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the code of criminal procedure, , 5 of and the controller shall be deemed to be a magistrate under the said code for the purposes of such recovery.

section 42. of the delhi rent control act : save as otherwise provided in section 41, an order made by the controller or an order passed on appeal under this act shall be executable by the controller as a decree of a civil court and for this purpose, the controller shall have all the powers of a civil court.

section 38b. of the delhi rent control act : 138b. power of high court to transfer appeals, etc.the high court may also, on an application made to it or otherwise, by order, transfer a any appeal or proceeding pending before the tribunal to any additional tribunal or b any appeal or proceeding pending before any additional tribunal to the tribunal or in any other additional tribunal. 1. ins. by s. 2, act 37 of .

section 39.. of the delhi rent control act : second appeal.omitted by the delhi rent control amendment act, 57 of , s. 17 w.e.f.

section 43. of the delhi rent control act : save as otherwise expressly provided in this act, every order made by the controller or an order passed on appeal under this act shall be final and shall not be called in question in any original suit, application or execution proceeding.

section 44. of the delhi rent control act : 1 every landlord shall be bound to keep the premises in good and tenantable repairs. 2 if the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs which he is bound to make under subsection 1 the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: provided that the amount so deducted or recoverable in any year shall not exceed onetwelfth of the rent payable by the tenant for that year. 3 where any repairs without which the premises are not habitable or usable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the controller for permission to make such repairs himself and may submit to the controller an estimate of the cost of such repairs, and, thereupon, the controller may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as he may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord: provided that the amount so deducted or recoverable in any year shall not exceed onehalf of the rent payable by the tenant for that year: provided further that if any repairs not covered by the said amount are necessary in the opinion of the controller, and the tenant agrees to bear the excess cost himself, the controller may permit the tenant to make such repairs.

section 49. of the delhi rent control act : 1 no court inferior to that of a 1metropolitan magistrate shall try any offence punishable under this act. 2 no court shall take cognizance of an offence punishable under this act, unless the complaint in respect of the offence has been made within three months from the dale of the commission of the offence. 3 notwithstanding anything contained in 2section 29 of the code of criminal procedure, 2 of it shall be lawful for any 3metropolitan magistrate to pass a sentence of fine exceeding 4five thousand rupees on a person convicted of an offence punishable under this act. 1. subs. by s. 19, ibid., for magistrate of the first class w.e.f. . 2. subs. by act 57 of , s. 19, for section 32 of the code of criminal procedure, 5 of w.e.f. . 3. subs. by s. 19, ibid., for magistrate of the first class w.e.f. .

section 50. of the delhi rent control act : 1 save a otherwise expressly provided in this act, no civil court shall entertain any suit or proceeding in so far as it relates to the fixation of standard rent in relation to any premises to which this act applies or to eviction of any tenant therefrom or to any other matter which the controller is empowered by or under this act to decide, and no injunction in respect of any action taken or to be taken by the controller under this act shall be granted by any civil court or other authority. 2 if, immediately before the commencement of this act, there is any suit or proceeding pending in any civil court for the eviction of any tenant from any premises to which this act applies and the construction of which has been completed after the 1st day of june, , but before the 9th day of june, , such suit or proceeding shall, on such commencement, abate. 3 if, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th day of august, , from any premises to which this act applies and the construction of which has been completed after the 1st day of june, , but before the 9th day of june, , then, notwithstanding anything contained in any other law, the controller may, on an application made to him in this behalf by such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the controller thinks fit. 4 nothing in subsection 1 shall be construed as preventing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which this act applies or any question as to the person or persons who are entitled to receive the rent of such premises.

section 45. of the delhi rent control act : 1 no landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him. 2 if a landlord contravenes the provisions of subsection 1, the tenant may make an application to the controller complaining of such contravention. 3 if the controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in subsection 4. explanation.an interim order may be passed under this subsection without giving notice to the landlord. 4 if the controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just and sufficient cause, he shall make an order directing the landlord to restore such supply or service. 5 the controller may in his discretion direct that compensation not exceeding fifty rupees a be paid to the landlord by the tenant, if the application under subsection 2 was made frivolously or vexatiously b be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. explanation i.in this section, essential supply or service includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services. explanation ii.for the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any order competent authority.

section 46. of the delhi rent control act : whenever, after the commencement of this act, any premises are constructed, the landlord shall, within thirty days of the completion of such construction, give intimation thereof in writing to the 1director of estates or to such other officer as may be specified in this behalf by the government. 1. subs. by act 58 of , s. 3 and schedule ii, for estate officer to the government of india w.e.f. .

section 52. of the delhi rent control act : no suit, prosecution or other legal proceeding shall lie against any controller or additional controller in respect of anything which is in good faith done or intended to be done in pursuance of this act.

section 47. of the delhi rent control act : 1 the provisions of this section shall apply only in relation to premises in the areas which, immediately before the 7th day of april, , were included in the new delhi municipal committee and which are, or are intended to be, let for use as a residence. 2 whenever any premises the standard rent of which is not less than two thousand and four hundred rupees per year becomes vacant either by the landlord ceasing to occupy the premises or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise, a the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the 1director of estates b whether or not such intimation is given, the 1director of estates may serve on the landlord by post or otherwise a notice i informing him that the premises are required by the government for such period as may be specified in the notice and ii requiring him, and every person claiming under him, to deliver possession of the premises forthwith to such officer or person as may be specified in the notice: provided that where the landlord has given the intimation required by clause a, no notice shall be issued by the 1director of estates under clause b more than seven days after the delivery to him of the intimation: provided further that nothing in this subsection shall apply in respect of any premises the possession of which has been obtained by the landlord on the basis of any order made on the ground set forth in clause e of the proviso to subsection 1 of section 14 or in respect of any premises which have been released from requisition for the use and occupation of the landlord himself. 1. subs. by act 58 of , s. 3 and schedule ii, for estate officer to the government of india w.e.f. .

section 48. of the delhi rent control act : 1 if any person contravenes any of the provisions of section 5, he shall be punishable a in the case of a contravention of the provisions of subsection 1 of section 5, with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under that subsection by one thousand rupees, or with both b in the case of a contravention of the provisions of subsection 2 or subsection 3 of section 5, with simple imprisonment for a term which may extend to six months, or with fine which may extend to a sum which exceeds the amount or value of unlawful charge claimed or received under the said subsection 2 or subsection 3, as the case may be, by five thousand rupees, or with both. 2 if any tenant sublets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provisions of clause b of the proviso to subsection 1 of section 14, he shall be punishable with fine which may extend to one thousand rupees. 13 if any landlord relets or transfers the whole or any part of any premises in contravention of the provisions of subsection 1 or subsection 2 of section 19 he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 4 if any landlord contravenes the provisions of subsection 1 of section 45, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 5 if any landlord fails to comply with the provisions of section 46 he shall be punishable with fine which may extend to one hundred rupees. 6 if any person contravenes the provisions of clause a of subsection 2 of section 47, or fails to comply with a requirement under clause b thereof, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by act 57 of , s. 19, for subsection 3 w.e.f. .

section 51. of the delhi rent control act : all controllers and additional controllers appointed under this act shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 57. of the delhi rent control act : 1 the delhi and ajmer rent control act, 38 of in so far as it is applicable to the union territory of delhi, is hereby repealed. 2 notwithstanding such repeal, all suits and other proceedings under the said act pending, at the commencement of this act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said act, as if the said act had continued in force and this act had not been passed: provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this act: provided further that the provisions for appeal under the said act shall continue in force in respect of suits and proceedings disposed of thereunder.

section 53.. of the delhi rent control act : amendment of the delhi tenants temporary protection act, .repealed. by the repealing and amending act, 58 of , s. 2 and schedule. i.

section 54. of the delhi rent control act : nothing in this act shall affect the provisions of the administration of evacuee property act, 31 of , or the slum areas improvement and clearance act, 96 of , or the delhi tenants temporary protection act, 97 of .

section 56. of the delhi rent control act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the manner of approval of valuers and the procedure to be followed by such valuers under the proviso to subsection 2 of section 9 2aa the form and manner in which, and the period within which, an application may be made to the controller b the form and manner in which an application for deposit or rent may be made and the particulars which it may contain c the manner in which a controller may hold an inquiry under this act d the powers of the civil court which may be vested in a controller e the form and manner in which an application for appeal or transfer of proceeding may be made to the tribunal f the manner of service of notices under this act g any other matter which has to be, or may be, prescribed. 33 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 57 of , s. 20 w.e.f. . 2. clause a relettered as clause aa thereof by s. 20, ibid. w.e.f. . 3. subs. by act 37 of , s. 4, for subsection 3 w.e.f. .

section 55. of the delhi rent control act : where any decree or order for the recovery of possession of any premises to which the delhi tenants temporary protection act, 97 of , applies is sought to be executed on the cesser of operation of that act in relation to those premises, the court executing the decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this act had been in force on the date of the decree or order, the court may, having regard to the provisions of this act, set aside the decree or order or pass such other order in relation thereto as it thinks fit.

section 8. of the andhra pradesh and madras alteration of boundaries act : as from the appointed day, in the fourth schedule to the constitution, in the second column of the table, a for the figures 17 against madras, the figures 18 shall be substituted and b for the figures 220, the figures 221 shall be substituted.

The Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959

section 1. of the andhra pradesh and madras alteration of boundaries act : 1 this act may be called the andhra pradesh and madras alteration of boundaries act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st april, , vide notification no. s.o. , dated 29th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the andhra pradesh and madras alteration of boundaries act : in this act, unless the context otherwise requires, a appointed day means the date appointed under subsection 2 of section 1 for the coming into force of this act b assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of c law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of andhra pradesh or madras d notified order means an order published in the official gazette e sitting member, in relation to either house of parliament or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house f transferred territories means i in relation to the state of andhra pradesh, the territories specified in the second schedule and transferred from that state to madras and ii in relation to the state of madras, the territories specified in the first schedule and transferred from that state to andhra pradesh g treasury includes a subtreasury h any reference to a district, taluk, firka, village or other territorial division of a state shall be construed as a reference to the area comprised within that territorial division on the 1st day of july, .

section 7. of the andhra pradesh and madras alteration of boundaries act : nothing in the foregoing provisions of this part shall be deemed to affect the power of the state government of andhra pradesh or madras to alter after the appointed day the name, extent or boundaries of any district, taluk, firka or village in the state.

section 3. of the andhra pradesh and madras alteration of boundaries act : as from the appointed day, there shall be added a to the state of andhra pradesh, the territories specified in the first schedule which shall thereupon cease to form part of the state of madras and b to the state of madras, the territories specified in the second schedule which shall thereupon cease to form part of the state of andhra pradesh.

section 9. of the andhra pradesh and madras alteration of boundaries act : 1 as soon as may be after the appointed day, a byeelection shall be held to fill the additional seat allotted to the state of madras in the council of states by virtue of section 8. 2 the term of office of the member elected to the council of states in pursuance of this section shall expire on the 2nd day of april, .

section 4. of the andhra pradesh and madras alteration of boundaries act : 1 the territories specified in part i of the first schedule shall be included in, and form part of, chittoor district and the said territories, together with the territories comprised in the villages of puttur taluk specified in the third schedule and the territories which immediately before the appointed day were comprised in kanakammachatram and tiruttani firkas of tiruttani taluk but are not transferred by virtue of section 3 of the state of madras, shall form a taluk to be known as sathyavedu taluk in chittoor district. 2 the territories which immediately before the appointed day were comprised in palliputtu and erumbi firkas of tiruttani taluk but are not transferred by virtue of section 3 to the state of madras shall be included in, and form part of, puttur taluk. 3 the territories which immediately before the appointed day were comprised in melpadi firka of chittoor taluk but are not transferred by virtue of section 3 to the state of madras shall be included in, and form part of, chittoor firka of chittoor taluk. 4 the territories specified in part ii of the first schedule shall be included in, and form part of, kuppam west firka of palmaner taluk in chittoor district.

section 10. of the andhra pradesh and madras alteration of boundaries act : the first schedule to the delimitation of parliamentary and assembly constituencies order, , shall have effect subject to the modifications specified in the fourth schedule to this act.

section 5. of the andhra pradesh and madras alteration of boundaries act : 1 the territories which immediately before the appointed day were comprised in sathyavedu firka of ponneri taluk and uttukkottai firka of tiruvallur taluk but are not transferred by virtue of section 3 to the state of andhra pradesh shall be included in, and form part of, gummidipundi firka of ponneri taluk. 2 the territories specified in parts i and ii of the second schedule shall be included in and form a separate taluk to be known as tiruttani taluk of chingleput district and in that taluk, the territories specified in part ii of that schedule shall form a separate firka to be known as kanakammachatram firka. 3 the territories specified in parts iii, iv, v, vi, vii and viii of the second schedule shall respectively be included in, and form part of, a mappedu firka of tiruvallur taluk of chingleput district, b paranji firka of arkonam taluk of north arcot district, c arkonam firka of arkonam taluk of north arcot district, d ranipet firka of walajapet taluk of north arcot district, e gudiyattam east firka of gudiyattam taluk of north arcot district, and f vaniyambadi firka of tiruppattur taluk of north arcot district.

section 6. of the andhra pradesh and madras alteration of boundaries act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states, a for the entry against 1. andhra pradesh, the following shall be substituted, namely: the territories specified in subsection 1 of section 3 of the andhra state act, , subsection 1 of section 3 of the states reorganisation act, , and the first schedule to the andhra pradesh and madras alteration of boundaries act, , but excluding the territories specified in the second schedule to the last mentioned act, and b in the entry against 7. madras, i after the words and figures section 4 of the states reorganisation act, , the words, brackets and figures and the second schedule to the andhra pradesh and madras alteration of boundaries act, , shall be inserted and ii for the words, brackets, letters and figures and the territories specified in clause b of subsection 1 of section 5, section 6 and clause d of subsection 1 of section 7 of the states reorganisation act, , the following shall be substituted, namely: the territories specified in clause b of subsection 1 of section 5, section 6 and clause d of subsection 1 of section 7 of the states reorganisation act, and the territories specified in the first schedule to the andhra pradesh and madras alteration of boundaries act, .

section 18. of the andhra pradesh and madras alteration of boundaries act : 1 except as hereinafter provided, a the jurisdiction of the high court of andhra pradesh shall, as from the appointed day, extend to the territories specified in the first schedule and b the high court at madras shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court at madras immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of andhra pradesh shall, as soon as may be after such certification, be transferred to the high court of andhra pradesh. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court at madras shall have, and the high court of andhra pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court at madras before the appointed day: provided that if, after such proceedings have been entertained by the high court at madras, it appears to the chief justice of that high court that they ought to be transferred to the high court of andhra pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court at madras a before the appointed day in any proceedings transferred to the high court of andhra pradesh by virtue of subsection 2, or b in any proceedings with respect to which the high court at madras retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect, not only as an order of the high court at madras, but also as an order made by the high court of andhra pradesh. 5 subject to any rule made or direction given by the high court of andhra pradesh, any such person who immediately before the appointed day is an advocate entitled to practise in the high court at madras as may be specified in this behalf by the chief justice of the high court of andhra pradesh having regard to the transfer of territories from the state of madras to the state of andhra pradesh, shall be recognised as an advocate entitled to practise in the high court of andhra pradesh.

section 11. of the andhra pradesh and madras alteration of boundaries act : every sitting member of the house of the people representing a constituency the extent of which is altered by virtue of section 10 shall be deemed to have been elected to the said house by that constituency as so altered.

section 12. of the andhra pradesh and madras alteration of boundaries act : the total number of seats in the legislative assembly of andhra pradesh to be filled by persons chosen by direct election shall be reduced from 301 to 300 and that in the legislative assembly of madras shall be increased from 205 to 206 and, accordingly, in the second schedule to the representation of the people act, 43 of , for the figures 301 against andhra pradesh, the figures 300 shall be substituted, and for the figures 205 against madras, the figures 206 shall be substituted.

section 13. of the andhra pradesh and madras alteration of boundaries act : the second schedule to the delimitation of parliamentary and assembly constituencies order, , shall have effect subject to the modifications specified in the fifth schedule to this act.

section 17. of the andhra pradesh and madras alteration of boundaries act : every sitting member of the legislative council of andhra pradesh or of madras representing a council constituency the extent of which is altered by virtue of section 16 shall, as from the appointed day, be deemed to have been elected to the said council by that constituency as so altered.

section 14. 19. of the andhra pradesh and madras alteration of boundaries act : the delimitation commissions final order no. 19, dated the 4th october, , shall have effect subject to the modifications specified in the sixth schedule.

section 15. of the andhra pradesh and madras alteration of boundaries act : 1 the sitting members of the legislative assembly of andhra pradesh representing the vadamalpet, vepanjeri, chittoor and kuppam constituencies shall, notwithstanding the alteration in the extent thereof by the provisions of this act, be deemed to have been respectively elected to the said assembly by the said constituencies as so altered. 2 the sitting members of the legislative assembly of madras representing the gummidipundi, tiruvallur, arkonam, sholinghur, ranipet, gudiyattam, vaniyambadi and uddanapalli constituencies shall, notwithstanding the alteration in the extent thereof by the provisions of this act, be deemed to have been respectively elected to the said assembly by the said constituencies as so altered. 3 the sitting members of the legislative assembly of andhra pradesh representing the tiruttani constituency shall, as from the appointed day, be deemed to have been elected to that assembly by the sathyavedu constituency in the state of andhra pradesh. 4 the sitting member of the legislative assembly of andhra pradesh representing the ramakrishnarajupet constituency shall, as from the appointed day, cease to be a member of that assembly and be deemed to have been elected to the legislative assembly of madras from the tiruttani constituency in the state of madras.

section 16. of the andhra pradesh and madras alteration of boundaries act : 1 any reference in the delimitation of council constituencies andhra pradesh order, , to the state of andhra pradesh or to chittoor district shall be construed as excluding the territories transferred from that state or district, as the case may be, to the state of madras and as including the territories transferred to that state or district, as the case may be, from the state of madras. 2 any reference in the delimitation of council constituencies madras order, , to the state of madras or to chingleput, north arcot or salem district shall be construed as excluding the territories transferred from that state or district, as the case may be, to the state of andhra pradesh, and as including the territories transferred to that state or district, as the case may be, from the state of andhra pradesh.

section 21. of the andhra pradesh and madras alteration of boundaries act : for the purposes of sections 18 and 19, a proceedings shall be deemed to be pending in the high court of andhra pradesh or the high court at madras until that court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to the high court of andhra pradesh or the high court at madras shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 19. of the andhra pradesh and madras alteration of boundaries act : 1 except as hereinafter provided, a the jurisdiction of the high court at madras shall, as from the appointed day, extend to the territories specified in the second schedule and b the high court of andhra pradesh shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court of andhra pradesh immediately before the appointed day as are certified by the chief justice of the high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court at madras shall, as soon as may be after such certification, be transferred to the high court at madras. 3 notwithstanding anything contained in subsections 1 and 2. but save as hereinafter provided, the high court of andhra pradesh shall have, and the high court at madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court of andhra pradesh before the appointed day: provided that if, after such proceedings have been entertained by the high court of andhra pradesh, it appears to the chief justice of that high court that they ought to be transferred to the high court at madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of andhra pradesh a before the appointed day in any proceedings transferred to the high court at madras by virtue of subsection 2, or b in any proceedings with respect to which the high court of andhra pradesh retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect, not only as an order of the high court of andhra pradesh, but also as an order made by the high court of madras. 5 subject to any rule made or direction given by the high court at madras, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of andhra pradesh as may be specified in this behalf by the chief justice of the high court at madras having regard to the transfer of territories from the state of andhra pradesh to the state of madras, shall be recognised as an advocate entitled to practise in the high court at madras.

section 27. of the andhra pradesh and madras alteration of boundaries act : the right to recover any loans or advances made before the appointed day by andhra pradesh or madras to any local body, society, agriculturist or other person in the transferred territories shall belong to the state to which the territories are transferred.

section 20. of the andhra pradesh and madras alteration of boundaries act : any person who immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in the high court of andhra pradesh or the high court at madras and was authorised to appear or to act in any proceedings transferred under section 18 or section 19 shall have the right to appear, or to act, as the case may be, in the high court to which the proceedings have been transferred, in relation to those proceedings.

section 22. of the andhra pradesh and madras alteration of boundaries act : 1 as from the appointed day, any act passed by the legislature of the state of andhra pradesh or madras before that day for the appropriation of any moneys out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year shall have effect also in relation to the territories transferred to that state by the provisions of part ii and it shall be lawful for the state government to spend any amount in those territories out of the amount authorised by such act to be expended for any service in that state. 2 the governor of andhra pradesh or of madras may, after the appointed day, authorise such expenditure from the consolidated fund of the state as he deems necessary for any purpose or service in the territories transferred to that state for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state.

section 28. of the andhra pradesh and madras alteration of boundaries act : the liability of andhra pradesh or madras to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the state to which the territories are transferred, and the liability of andhra pradesh or madras to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of the state to which those territories are transferred.

section 23. of the andhra pradesh and madras alteration of boundaries act : the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 of the constitution relating to the accounts of the state of andhra pradesh or madras in respect of any period prior to the appointed day shall be submitted to the governor of each of the states of andhra pradesh and madras who shall cause them to be laid before the legislature of the state.

section 24. of the andhra pradesh and madras alteration of boundaries act : section 3 of the union duties of excise distribution act, 55 of , sections 3 and 5 of the estate duty and tax on railway passenger fares distribution act, 57 of , section 4 of and the second schedule to the additional duties of excise goods of special importance act, 58 of and paragraphs 3 and 5 of the constitution distribution of revenues no. 2 order, , shall, as from the appointed day, have effect subject to such modifications as the president may, by order published in the official gazette, specify having regard to the transfer of territories effected by the provisions of part ii of this act.

section 25. of the andhra pradesh and madras alteration of boundaries act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods, including cash balances in all treasuries in the territories specified in the first schedule or the second schedule shall, as from the appointed day, pass to the state to which the territories are transferred. 2 in this section, the expression land includes immovable property of every kind and any rights in or over such property.

section 30. of the andhra pradesh and madras alteration of boundaries act : the liability of andhra pradesh or madras in respect of the provident fund account of a government servant in service on the appointed day shall, as from that day, be the liability of the state to which the government servant is permanently allotted.

section 26. of the andhra pradesh and madras alteration of boundaries act : the right of andhra pradesh or madras to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the state to which the territories are transferred.

section 29. of the andhra pradesh and madras alteration of boundaries act : the liability of andhra pradesh or madras in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the state to which the territories are transferred.

section 31. of the andhra pradesh and madras alteration of boundaries act : the liability of andhra pradesh or madras in respect of pensions shall be apportioned between those states in such manner as may be agreed upon between them or, in default of such agreement, in such manner as the president may, by notified order, specify having regard to the transfer of territories effected by this act and the principles underlying the provisions of the fifth schedule to the states reorganisation act, 37 of .

section 32. of the andhra pradesh and madras alteration of boundaries act : 1 where, before the appointed day, the state of andhra pradesh or madras has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power, a if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the state to which the territories are transferred and b in any other case, of the state which made the contract and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the state which made the contract, be rights or liabilities of the state specified in clause a or clause b above. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

section 38. of the andhra pradesh and madras alteration of boundaries act : 1 as from the appointed day, the financial corporation constituted under the state financial corporations act, 63 of , for the state of andhra pradesh shall be deemed to have been constituted for that state with its area as altered by the provisions of part ii of this act. 2 as from the appointed day, the madras industrial investment corporation constituted for the state of madras shall be deemed to have been constituted for that state with its area as altered by the provisions of part ii of this act.

section 33. of the andhra pradesh and madras alteration of boundaries act : where, immediately before the appointed day, the state of andhra pradesh or madras is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall, a if the cause of action arose wholly within the transferred territories, be a liability of the state to which they are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability.

section 34. of the andhra pradesh and madras alteration of boundaries act : where, immediately before the appointed day, the state of andhra pradesh or madras is liable as guarantor in respect of any liability of a registered cooperative society, that liability shall, a if the area of the societys operations is limited to the transferred territories, be a liability of the state to which the territories are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability.

section 35. of the andhra pradesh and madras alteration of boundaries act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 39. of the andhra pradesh and madras alteration of boundaries act : in the multiunit cooperative societies act, , in section 5a, in subsection 1, for the words and figures any cooperative society which, immediately before the 1st day of november, , the words or any other enactment relating to reorganisation of states, any cooperative society which, immediately before the day on which the reorganisation takes place shall be substituted.

section 36. of the andhra pradesh and madras alteration of boundaries act : where either andhra pradesh or madras becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribution towards that liability should be made by the other state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order determine.

section 37. of the andhra pradesh and madras alteration of boundaries act : all sums payable by either andhra pradesh or madras to the other state by virtue of the provisions of this part shall be charged on the consolidated fund of the state by which such sums are payable.

section 43. of the andhra pradesh and madras alteration of boundaries act : 1 every person who, immediately before the appointed day, is serving in connection with the affairs of andhra pradesh or madras shall, as from that day, continue so to serve, unless he is required by general or special order of the central government to serve provisionally in connection with the affairs of the other state. 2 as soon as may be after the appointed day, the central government shall, by general or special order, determine the state to which every person provisionally allotted to andhra pradesh or madras shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect. 3 every person who is finally allotted under the provisions of subsection 2 to andhra pradesh or madras shall, if he is not already serving therein, be made available for serving in that state from such date as may be agreed upon between the two state governments or in default of such agreement, as may be determined by the central government. 4 nothing in this section shall be deemed to affect, after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of andhra pradesh or madras: provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to andhra pradesh or madras under this section shall not be varied to his disadvantage except with the previous approval of the central government. 5 the central government may at any time before or after the appointed day give such directions to either state government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the state government shall comply with such directions.

section 41. of the andhra pradesh and madras alteration of boundaries act : 1 notwithstanding anything contained in this act, all rights and liabilities of the state of madras in relation to the araniar project or the administration thereof shall, on the appointed day, be the rights and liabilities of the states of andhra pradesh and madras, subject to such adjustments as may be made by agreement entered into by the said states or, if no such agreement is entered into within a period of one year from the appointed day, as the central government may by order determine having regard to the purposes of the project, and any such order may provide for the management of the project jointly by the said states or otherwise: provided that the order so made by the central government may be varied by any subsequent agreement entered into by the states of andhra pradesh and madras. 2 an agreement or order referred to in subsection 1 shall provide also for the rights and liabilities of the states of andhra pradesh and madras in relation to any extension or further development of the project after the appointed day. 3 the rights and liabilities referred to in subsections 1 and 2 shall include a the rights to receive and to utilise water which may be available for distribution as a result of the project and b the rights and liabilities in respect of the administration of the project and the construction, maintenance and operation thereof, but shall not include the rights and liabilities under any contract entered into before the appointed day by the government of madras. 4 the central government may, from time to time, give such directions as may appear to it necessary generally in regard to any of the matters specified in the foregoing provisions of this section and, in particular, for the completion of the project and its operation and maintenance thereafter: provided that no such direction shall be issued or have effect after an agreement has been entered into by the states of andhra pradesh and madras under subsection 1 or after an order has been made by the central government under that subsection, whichever is earlier.

section 40. of the andhra pradesh and madras alteration of boundaries act : 1 as from the appointed day, the state electricity boards constituted under the electricity supply act, 54 of , for the states of andhra pradesh and madras shall be deemed to have been constituted for those states with their areas as altered by the provisions of part ii of this act. 2 the undertakings and assets of a state electricity board referred to in subsection 1, situated in the territories specified in the first schedule or, as the case may be, the second schedule shall, as from the appointed day, pass to the state to which the territories are transferred. 3 subject to the provisions of subsection 2, the assets and liabilities of the state electricity boards referred to in subsection 1 shall be apportioned between them in such manner as may be agreed upon between the governments of andhra pradesh and madras within one year from the appointed day, or in default of such agreement, as the central government may by order determine. 4 notwithstanding anything contained in subsection 2, the arrangement which, immediately before the appointed day, was in force in regard to the generation or supply of electric power for the territories specified in the first schedule or the second schedule shall continue to be in force after the appointed day on such terms and conditions and for such period as may be agreed upon between the governments of andhra pradesh and madras, or, in default of such agreement, as the central government may by order direct.

section 46. of the andhra pradesh and madras alteration of boundaries act : for the purpose of facilitating the application of any law in relation to andhra pradesh or madras, the appropriate government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent authority or competent legislature. explanation.in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law, the state government.

section 42. of the andhra pradesh and madras alteration of boundaries act : notwithstanding anything contained in section 63 of the motor vehicles act, 4 of , a permit granted by the state transport authority of andhra pradesh or madras or by any regional transport authority in such state shall, if such permit was immediately before the appointed day valid and effective in any area within the transferred territories, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by the state transport authority or any regional transport authority in the state to which the territories are transferred for the purpose of validating it for use in such area: provided that the central government may, after consultation with the state government, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.

section 48., for exercising statutory functions. of the andhra pradesh and madras alteration of boundaries act : the government of the state of andhra pradesh or madras, as respects any territory transferred to that state by the provisions of part ii, may, by notification in the official gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification, and such law shall have effect accordingly.

section 44. of the andhra pradesh and madras alteration of boundaries act : every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of andhra pradesh or madras in any area which on that day falls within the other state shall continue to hold the same post or office in the state in which such area is included on that day and shall be deemed as from that day to have been duly appointed to that post or office by the government of, or other appropriate authority in, such state: provided that nothing in this section shall be deemed to prevent the competent authority, after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office.

section 45. of the andhra pradesh and madras alteration of boundaries act : the provisions of section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to andhra pradesh or madras shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 50. of the andhra pradesh and madras alteration of boundaries act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of andhra pradesh or madras shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other state, stand transferred to the corresponding court, tribunal, authority or officer in the other state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of that state, or before the appointed day by the government of the other state, to be the corresponding court, tribunal, authority or officer.

section 53. of the andhra pradesh and madras alteration of boundaries act : if any difficulty arises in giving effect to the provisions of this act, the president may by order do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.

section 49. of the andhra pradesh and madras alteration of boundaries act : where, immediately before the appointed day, the state of andhra pradesh or madras is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other state under this act, the other state shall be deemed to be substituted for the state from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 54. of the andhra pradesh and madras alteration of boundaries act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 subs. by act 4 of , s. 2 and the schedule, for in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following w.e.f. .

section 47. of the andhra pradesh and madras alteration of boundaries act : notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to andhra pradesh or madras, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 51. of the andhra pradesh and madras alteration of boundaries act : any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another state.

section 52. of the andhra pradesh and madras alteration of boundaries act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 8. of the cost accountants act : show related subordinates notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in, or borne on, the 1register of members if he i has not attained the age of twentyone years at the time of his application for the entry of his name in the 1register of members or ii is of unsound mind and stands so adjudged by a competent court or iii is an undischarged insolvent 2or undischarged bankrupt or 2iiia is declared bankrupt under the insolvency and bankruptcy code, 31 of iv being a discharged insolvent, has not obtained from the court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part or v has been convicted by a competent court whether within or 3outside india, of an offence involving moral turpitude and punishable with imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the central government has, by an order in writing removed the disability or vi has been removed from membership of the institute on being found on inquiry to have been guilty of professional or other misconduct: provided that a person who has been removed from membership for a specified period, shall not be entitled to have his name entered in the 1register of members until the expiry of such period. 1. subs. by act 12 of , s. 45, for register w.e.f. . 2. ins. by s. 45, ibid. w.e.f. . 3. subs. by s. 45, ibid., for without india w.e.f. .

section 1. of the cost accountants act : show related subordinates 1 this act may be called the cost and works accountants act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule w.e.f. . 2. 28th may, , vide notification no. g.s.r. 610, dated 25th may, , see gazette of india, extraordinry, part ii, sec. 3i.

section 3. of the cost accountants act : show related subordinates 1 all persons whose names are entered in the register at the commencement of this act and all persons who may hereafter have their names entered in the register under the provisions of this act, so long as they continue to have their names borne on the said register, are hereby constituted a body corporate by the name of the 1institute of cost accountants of india, and all such persons shall be known as members of the institute. 2 the institute shall have perpetual succession and a common seal, and shall have power to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue or be sued. 1. subs. by s. 3, ibid., for institute of cost and works accountants of india w.e.f. .

section 7. of the cost accountants act : every member of the institute in practice shall, and any other member may, use the designation of a cost accountant and no member using such designation shall use any other description, whether in addition thereto or in substitution therefore: provided that nothing in this section shall be deemed to prohibit any such member from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other institute of accountancy, whether in india or elsewhere, as may be recognised in this behalf by the council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the institute and in practice, from being known by its firm name as cost accountants.

section 4. of the cost accountants act : show related subordinates 1 any of the following persons shall be entitled to have his name entered in the 1register of members, namely: i any person who was an associate or a fellow of the dissolved company other than an honorary associate or honorary fellow thereof immediately before the commencement of this act, except any such person who is not a permanent resident of india and is not at such commencement practicing as a cost accountant in india ii any person who has passed such examination and completed such training as may be prescribed for members of the institute iii any person who, at the commencement of this act, is engaged in the practice of cost accountancy in india and who fulfills such conditions as the central government or the council may specify in this behalf iv any person who has passed such other examination and completed such other training 2outside india as is recognised by the central government or the council as being equivalent to the examination and training prescribed for members of the institute: provided that in the case of any person who is not permanently residing in india, the central government or the council may impose such further conditions as it may deem fit v any person domiciled in india, who at the commencement of this act is studying for any foreign examination and is at the same time undergoing training, whether within or 2outside india, or, who, having passed such examination, is at such commencement undergoing training whether within or 2outside india: provided that such foreign examination and training are recognised by the central government or the council in this behalf: provided further that the person passes the examination and completes his training within five years from the commencement of this act. 2 every person belonging to the class mentioned in clause i of subsection 1 shall have his name entered in the 1register of members without the payment of any entrance fee. 33 every person belonging to any of the classes mentioned in clauses ii, iii, iv and v of subsection 1 shall have his name entered in the 1register of members on an application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification, by the council 4: 5 4 the central government shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause i of subsection 1 entered in the 1register of members at the commencement of this act. 1. subs. by act 12 of , s. 42, for register w.e.f. . 2. subs. by s. 42, ibid., for without india w.e.f. . 3. subs. by act 7 of , s. 3, for subsection 3 w.e.f. . 4. the words , which shall not exceed rupees three thousand omitted by act 12 of , s. 42 w.e.f. . 5. the proviso omitted by s. 42, ibid. w.e.f. .

section 9. of the cost accountants act : show related subordinates 1 there shall be a council of the institute for the management of the affairs of the institute and for discharging the functions assigned to it by or under this act. 12 the council shall be composed of the following persons, namely: a not more than fifteen persons elected by the members of the institute, from amongst the fellows of the institute chosen in such manner and from such regional constituencies as may be specified: provided that a fellow of the institute, who has been found guilty of any professional or other misconduct, and whose name is removed from the 2register of members or has been awarded penalty of fine, shall not be eligible to contest the election, i in case of misconduct falling under the first schedule of this act, for a period of 3four years ii in case of misconduct falling under the second schedule of this act, for a period of 4eight years, from the completion of the period of removal of name from the 2register of members or payment of fine, as the case may be b not more than five persons nominated in the specified manner by the central government. 53 no person holding a post under the central government or a state government shall be eligible for election to the council under clause a of subsection 2. 4 no 6member of the institute or any partner of a firm who has been auditor of the institute shall be eligible for election to the council under clause a of subsection 2 for a period of 7 four years after he ceases to be an auditor. 1. subs. by act 7 of , s. 6, for subsection 2 w.e.f. . 2. subs. by act 12 of , s. 46, for register w.e.f. . 3. subs. by s. 46, ibid., for three years w.e.f. . 4. subs. by s. 46, ibid., for six years w.e.f. . 5. ins. by s. 6, ibid. w.e.f. . 6. subs. by act 12 of , s. 46, for person w.e.f. . 7.subs. by s. 46, ibid., for three years w.e.f. .

section 6. of the cost accountants act : 1 no member of the institute shall be entitled to practise, whether in india or elsewhere, unless he has obtained from the council a certificate of practice. 12 every such member shall make an application in such form, and pay such annual fee, for his certificate as may be determined, by notification, by the council, 2 and such fee shall be payable on or before the 1st day of april in each year: 3: 4provided that if a member of the institute, who was in practice immediately before the commencement of this act, has made within one month of such commencement an application for the grant of certificate of practice, he shall not be deemed to have contravened the provisions of subsection 1 by reason of his having practiced during the period between such commencement and the disposal of the application 53 the certificate of practice obtained under subsection 1 may be cancelled by the council under such circumstances as may be prescribed. 1. subs. by act 7 of , s. 5, for subsection 2 w.e.f. . 2. the words which shall not exceed rupees three thousand omitted by act 12 of , s. 44 w.e.f. . 3.the proviso omitted by s. 44, ibid. w.e.f. . 4. subs. by s. 44, ibid., for provided further that w.e.f. . 5. ins. by s. 5, ibid. w.e.f. .

section 2. of the cost accountants act : 1 in this act, unless the context otherwise requires, a associate means an associate member of the institute 1aa authority means the appellate authority referred to in section 22a aaa board means the quality review board constituted under section 29a 2ab board of discipline means the board of discipline constituted under subsection 1 of section 21a ac companies act means the companies act, 18 of or any other previous company law as defined in clause 67 of section 2 of the said act b cost accountant means a person who is a member of the institute c council means the council of the institute 2constituted under section 9 2ca director discipline means the director discipline referred to in section 21 and includes joint director discipline cbdisciplinary committeemeans the disciplinary committee constituted under subsection 1 of section 21b cc disciplinary directorate means the disciplinary directorate established under subsection 1 of section 21 d dissolved company means the institute of cost and works accountants registered under the companies act, 3 4e fellow means a fellow member of the institute 5ea firm shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of , and includes, i the limited liability partnership as defined in clause n of subsection 1 of section 2 of the limited liability partnership act, 6 of or ii the sole proprietorship, registered with the institute f institute means the 6institute of cost accountants of india constituted under this act 7fa notification means a notification published in the official gazette and the term notify shall be construed accordingly 8fb partner shall have the meaning assigned to it in section 4 of the indian partnership act, 9 of or in clause q of subsection 1 of section 2 of the limited liability partnership act, 6 of , as the case may be fc partnership means a a partnership as defined in section 4 of the indian partnership act, 9 of or b a limited liability partnership which has no company as its partner g prescribed means prescribed by regulations made under this act h president means the president of the council 9i register means the register of members of the institute maintained under section 19 or register of firms of the institute maintained under section 20b, as the case may be 10ia specified means specified by rules made by the central government under this act 8iaa sole proprietorship means an individual who engages himself in the practice of cost accountancy or offers to perform services referred to in clauses ii to iv of subsection 2 2iaaa standing committee means a standing committee constituted under subsection 1 of section 17 ib tribunal means a tribunal established under subsection 1 of section 10b j vicepresident means the vicepresident of the council k year means the period commencing on the 1st day of april of any year and ending on the 31st day of march of the succeeding year. 2 save as otherwise provided in this act, a member of the institute shall be deemed to be in practice when, individually or in partnership with one or more members of the institute in practice, 8or in partnership with members of such other recognised professions as may be prescribed he, in consideration of remuneration received or to be received, i engages himself in the practice of 11cost accountancy or ii offers to perform or performs services involving the costing or pricing of goods or services or the preparation, verification or 12certification or auditing of cost accounting and related statements or holds himself out to the public as a cost accountant in practice or iii renders professional services or assistance in or about matters of principle or detail relating to cost accounting procedure or the recording, presentation or certification of costing facts or data or iv renders such other services as, in the opinion of the council, are or may be rendered by a cost accountant in practice and the words to be in practice, with their grammatical variations and cognate expressions, shall be construed accordingly. explanation.a member of the institute who is a wholetime salaried employee of any person shall not be deemed to be in practice within the meaning of this subsection. 1. ins. by act 7 of , s. 2 w.e.f. . 2. ins. by act 12 of , s. 40 w.e.f. . 3. the figure omitted by s. 40, ibid. w.e.f. . 4. subs. by s. 40, ibid., for clause e w.e.f. . 5. ins. by act 10 of , s. 2 w.e.f. . 6. subs. by s. 2, ibid., for institute of cost and works accountants of india w.e.f. . 7. subs. by act 12 of , s. 40, for clause fa w.e.f. . 8. ins. by act 10 of , s. 2 w.e.f. . 9. subs. by act 12 of , s. 40, for clause i w.e.f. . 10. ins. by act 7 of , s. 2 w.e.f. . 11. subs. by s. 2, ibid., for cost and works accountancy w.e.f. . 12. subs. by s. 2, ibid., for certification of cost accounting and related statements or holds himself out to the public as a cost accountant in practice w.e.f. .

section 5. of the cost accountants act : 1 the members of the institute shall be divided into two classes designated respectively as associates and fellows. 2 any person other than a person to whom the provisions of subsection 3 apply shall, on his name being entered in the 1register of members, be deemed to have become an associate member of the institute and so long as his name remains so entered, shall be entitled to use the letters 2acma after his name to indicate that he is an associate member of the 3institute of cost accountants of india. 3 any person who was a fellow of the dissolved company and who is entitled to have his name entered in the 1register of members under clause i of subsection 1 of section 4, shall be entered in the 1register of membersas a fellow of the institute. 44 a member, being an associate who has been in continuous practice in india for at least five years, whether before or after the commencement of this act, or whether partly before and partly after the commencement of this act, and a member who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a cost accountant shall, on payment of such fees, as may be determined, by notification, by the council, 5, and on application made and granted in the prescribed manner, be entered in the register as a fellow of the institute 6. explanation i.for the purposes of this subsection, a person shall be deemed to have practiced in india for any period for which he has held a certificate of practice under section 6, notwithstanding that he did not actually practice during that period. explanation ii.in computing the continuous period during which a person has been an associate of the institute, there shall be included any continuous period during which the person has been an associate of the dissolved company immediately before he became an associate of the institute. 5 any person whose name is entered in the1register of members as a fellow of the institute and so long as his name remains so entered, shall be entitled to use the letters 7fcma after his name to indicate that he is a fellow of the 3institute of cost accountants of india. 1. subs. by act 12 of , s. 43, for register w.e.f. . 2. subs. by act 10 of , s. 4, for aicwa w.e.f. . 3. subs. by s. 4, for institute of cost and works accountants w.e.f. . 4. subs. by act 7 of , s. 4, for subsection 4 w.e.f. . 5. the words which shall not exceed rupees five thousand, omitted by act 12 of , s. 43 w.e.f. . 6. the proviso omitted by s. 43, ibid. w.e.f. . 7. subs. by act 10 of , s. 4, for ficwa w.e.f..

section 10a. of the cost accountants act : 110a. settlement of disputes regarding election.in case of any dispute regarding any election under clause a of subsection 2 of section 9, the aggrieved person may make an application within thirty days from the date of declaration of the result of election to the secretary of the institute, who shall forward the same to the central government. 1. ins. by act 7 of , s. 8 w.e.f. .

section 10. of the cost accountants act : 110. reelection or renomination to council.a member of the council, elected or nominated under subsection 2 of section 9, shall be eligible for reelection or as the case may be, renomination: provided that no member shall hold the office for more than two consecutive terms: provided further that a member of the council, who is or has been elected as president under subsection 1 of section 12, shall not be eligible for election or nomination as a member of the council. 1. subs. by s. 7, ibid., for section 10 w.e.f. .

section 10b. of the cost accountants act : show related subordinates 110b. establishment of tribunal.1 on receipt of any application under section 10a, the central government shall, by notification, establish a tribunal consisting of a presiding officer and two other members to decide such dispute and the decision of such tribunal shall be final. 2 a person shall not be qualified for appointment, a as a presiding officer of the tribunal unless he has been a member of the indian legal service and has held a post in grade i of the service for at least three years b as a member unless he has been a member of the council for at least one full term, and who is not a sitting member of the council or who has not been a candidate in the election under dispute or c as a member unless he holds the post of a joint secretary to the government of india or any other post under the central government carrying a scale of pay which is not less than that of a joint secretary to the government of india. 3 the terms and conditions of service of the presiding officer and members of the tribunal, their place of meetings and allowances shall be such as may be specified. 4 the expenses of the tribunal shall be borne by the council. 1. ins. by act 7 of , s. 8 w.e.f. .

section 11. of the cost accountants act : if the members of the institute fail to elect any member under clause a of subsection 2 of section 9 from any of the regional constituencies that may be specified under that clause, the central government may nominate any duly qualified person from such constituency to fill the vacancy, and any person so nominated shall be deemed to be a duly elected member of the council.

section 13. of the cost accountants act : 1 any member of the council may at any time resign his membership by writing under his hand addressed to the president, and the seat of such member shall become vacant when such resignation is notified in the official gazette. 2 a member of the council shall be deemed to have vacated his seat if he is declared by the council to have been absent without sufficient excuse from three consecutive meetings of the council 1or he has been found guilty of any professional or other misconduct and awarded penalty of fine, or if his name is, for any cause, removed from the 2register of members under the provisions of section 20. 3 a casual vacancy in the council shall be filled by fresh election from the constituency concerned or by nomination by the central government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the council: provided that no election shall be held to fill a casual vacancy occurring within 3one year prior to the date of the expiration of the duration of the council, but such a vacancy may be filled by the nomination by the central government after consultation with the president of the council. 4 no act done by the council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the council. 1. ins. by act 7 of , s. 10, w.e.f. . 2. subs. by act 12 of , s. 48, for register w.e.f. . 3. subs. by s. 10, ibid., for six months w.e.f. .

section 12. of the cost accountants act : 1 the council at its first meeting shall elect two of its members to be respectively the president and the vicepresident thereof, and so often as the office of the president or the vicepresident becomes vacant, the council shall choose a person to be the president or the vicepresident, as the case may be: 1. 2 the president shall be the 2head of the council. 3 the president or the vicepresident shall hold office for a period of one year from the date on which he is chosen but so as not to extend beyond his term of office as a member of the council, and, subject to his being a member of the council at the relevant time, he shall be eligible for reelection 3under subsection 1: provided that 4the president and the vicepresident of the council at the time of the expiration of its duration shall continue to hold office until a new council is constituted in accordance with the provisions of this act. 1. the proviso omitted by act 12 of , s. 47 w.e.f. . 2. subs. by s. 7, ibid., for chief executive authority w.e.f. . 3. ins. by s. 9, ibid. w.e.f. . 4. subs. by s. 9, ibid., for the president w.e.f. .

section 15b. of the cost accountants act : 115b. imparting education by universities and other bodies.1 subject to the provisions of this act, any university established by law or any body affiliated to the institute, may impart education on the subjects covered by the academic courses of the institute. 2 the universities or bodies referred to in subsection 1 shall, while awarding degree, diploma or certificate or bestowing any designation, ensure that the award or designation do not resemble or is not identical to one awarded by the institute. 3 nothing contained in this section shall enable a university or a body to adopt a name or nomenclature which is in any way similar to that of the institute. 1. ins. by act 7 of , s. 13 w.e.f. .

section 15. of the cost accountants act : 115. functions of council.1 the institute shall function under the overall control, guidance and supervision of the council and the duty of carrying out the provisions of this act shall be vested in the council. 2 in particular, and without prejudice to the generality of the foregoing powers, the duties of the council shall include a to approve academic courses and their contents b the prescribing of fees for the examination of candidates for enrolment c the prescribing of qualifications for entry in the 2register of members d the recognition of foreign qualifications and training for the purposes of enrolment e the prescribing of guidelines for granting or refusal of certificates of practice under this act 3ea the granting or refusal, of registration of a firm f the levy of fees from members, examinees and other persons h the carrying out, by granting financial assistance to persons other than members of the council or in any other manner, of research in accountancy i to enable functioning of the director discipline, the board of discipline, the disciplinary committee and the appellate authority constituted under the provisions of this act j to enable functioning of the quality review board 3ja to issue guidelines for the purpose of carrying out the objects of this act jb to conduct investor education and awareness programmes jc to enter into any memorandum or arrangement with the prior approval of the central government, with any agency of any foreign country, for the purpose of performing its functions under this act k consideration of the recommendations of the quality review board made under clause a of section 29b 4and the details of action taken thereon in its annual report and l to ensure the functioning of the institute in accordance with the provisions of this act and in performance of other statutory duties as may be entrusted to the institute from time to time. 1. subs. by s. 12, ibid., for section 15 w.e.f. . 2. subs. by act 12 of , s. 49, for register w.e.f. . 3. ins. by s. 49, ibid. w.e.f. . 4. subs. by s. 49, ibid., for , action taken thereon with a report to the central government within a period of three months, and their inclusion in the annual report w.e.f. .

section 18. of the cost accountants act : 1 there shall be established a fund under the management and control of the council into which shall be paid all moneys received by the council and out of which shall be met all expenses and liabilities properly incurred by the council. 2 the council may invest any money for the time being standing to the credit of the fund in any government security or in any other security approved by the central government. 13 the council shall keep proper accounts of the fund distinguishing capital from revenue in the manner prescribed. 4 the council shall prepare in the manner prescribed and approve, prior to the start of the financial year, an annual financial statement the budget indicating all its anticipated revenues as well as all proposed expenditures for the forthcoming year. 2 5 the annual accounts of the council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the council from the panel of auditors maintained by the comptroller and auditorgeneral of india: provided that a firm shall not be eligible for appointment as an auditor under this subsection, if any of its partner is or has been a member of the council during the last four years: provided further that in the event it is brought to the notice of the council that the accounts of the council do not represent a true and fair view of its finances, then, the council may itself cause a special audit to be conducted: provided also that, if such information, that the accounts of the council do not represent a true and fair view of its finances, is sent to the council by the central government, then, the council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the central government. 25a as soon as may be practicable at the end of each year, the council shall circulate the audited accounts to its members at least fifteen days in advance and consider and approve these accounts in a special meeting convened for the purpose. 5b the council shall cause to be published in the gazette of india not later than the 30th day of september of the year next following, a copy of the audited accounts and the report of the council for that year duly approved by the council and copies of the said accounts and report shall be forwarded to the central government and to all the members of the institute. 6 the council may borrow from a scheduled bank as defined in the reserve bank of india act, 2 of , or from the central government a any money required for meeting its liabilities on capital account on the security of the fund or on the security of any other assets for the time being belonging to it or b for the purpose of meeting current liabilities pending the receipt of income by way of temporary loan or overdraft. 1. subs. by s. 16, ibid., for subsections 3, 4 and 5 w.e.f. . 2. subs. by act 12 of , s. 52, for subsection 5 w.e.f. .

section 14. of the cost accountants act : 1 the duration of any council constituted under this act shall be 1four years from the date of its first meeting. 2 notwithstanding the expiration of the duration of a council hereinafter referred to as the former council, the former council shall continue to exercise its functions under this act until a new council is constituted in accordance with the provisions of this act, and on such constitution, the former council shall stand dissolved. 1. subs. by s. 11, ibid., for three years w.e.f. .

section 15a. of the cost accountants act : 115a. functions of institute.the functions of the institute shall include a the examination of candidates for enrolment b the regulation of training of students c the maintenance and publication of a register of persons qualified to practice as cost accountants 2ca the maintenance and publication of a register of firms d collection of fees from members, examinees and other persons e subject to the orders of the appropriate authorities under this act, the removal of names from the 3register of members and firms and the restoration of names to the register of members and firms which have been removed f the maintenance of a library and publication of books and periodicals relating to accountancy and allied subjects g the conduct of elections to the council of the institute and h the granting or refusal of certificates of practice as per guidelines issued by the council. 1. ins. by act 7 of , s. 13 w.e.f. . 2. ins. by act 12 of , s. 50 w.e.f. . 3. subs. by s. 50, ibid., for register and the restoration to the register of names w.e.f. .

section 16. of the cost accountants act : 116. officers and employees, salary, allowances, etc.1 for the efficient performance of its duties, the council shall a appoint a secretary of the council to perform such duties as may be prescribed b appoint a director discipline to perform such functions as assigned to him under this act and the rules and regulations framed thereunder c designate an officer of the council or the institute to carry out the administrative functions of the institute as its chief executive. 2 the council may also a appoint such other officers and employees to the council and the institute as it considers necessary b require and take from the secretary or from any other officer or employee of the council and the institute such security for the due performance of his duties, as the council considers necessary 2c prescribe the manner of appointment, powers, duties and functions of the secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service d with the previous sanction of the central government, fix the allowances of the president, vicepresident and other members of the council and members of its committees. 3 the secretary of the council shall be entitled to participate in the meetings of the council but shall not be entitled to vote thereat. 1. subs. by s. 14, ibid., for section 16 w.e.f. . 2. subs. by act 12 of , s. 51clause ii, for clause c w.e.f. .

section 17. of the cost accountants act : 1 the council shall constitute from amongst its members of the following standing committees, namely: i an executive committee 1ii a finance committee and iii an examination committee. 2 the council may also form a training and educational facilities committee and such other committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this act. 23 each of the standing committees shall consist of the president and the vicepresident ex officio, and minimum of three and maximum of five members to be elected by the council from amongst its members 3 6 notwithstanding anything contained in this section, any committee formed under subsection 2, may, with the sanction of the council, coopt such other members of the institute not exceeding 4onethird of total membership of the committee as the committee thinks fit, and any member so coopted shall be entitled to exercise all the rights of a member of the committee. 7 the president shall be the chairman of every committee of which he is a member, arid in his absence, the vicepresident, if he is a member of the committee, shall be the chairman. 8 the standing committees and other committees formed under this section shall exercise such functions and be subject to such conditions in the exercise thereof as may be prescribed. 1. subs. by act 7 of , s. 15, for clause ii w.e.f. . 2. subs. by s. 15, ibid., for subsection 3 w.e.f. . 3. subsections 4 and 5 omitted by s. 15, ibid. w.e.f. . 4. subs. by s. 15, ibid., for twothirds of total membership of the committee w.e.f. .

section 19. of the cost accountants act : 11the council shall maintain a register of members of the institute in such manner as may be prescribed. 2 the 2register of members shall include the following particulars about every member of the institute, namely: a his full name, date of birth, domicile, residential and professional addresses b the date on which his name is entered in the 2register of members c his qualifications 3ca whether any actionable information or complaint is pending or any penalty has been imposed against him under chapter v, including details thereof, if any d whether he holds a certificate of practice and e any other particulars which may be prescribed. 3 the council shall cause to be published in such manner as may be prescribed a list of members of the institute as on the 1st day of april of each year, and shall, if requested to do so by any such member, send him a copy of such list 4on payment of such amount as may be prescribed. 54 every member of the institute shall, on his name being entered in the 2register of members, pay such annual membership fee as may be determined, by notification, by the council 6: 7. 1. subs. by s. 53, ibid., for subsection 1 w.e.f. . 2. subs. by act 12 of , s. 53, for register w.e.f. . 3. ins. by s. 53, ibid. w.e.f. . 4. ins. by act 7 of , s. 17 w.e.f. . 5. subs. by s. 17, ibid., for subsection 4 w.e.f. . 6. the words , which shall not exceed rupees five thousand omitted by act 12 of , s. 53 w.e.f. . 7. the proviso omitted by s. 53, ibid. w.e.f. .

section 20. of the cost accountants act : 1 the council may remove from the 1register of members the name of any member of the institute, a who is dead or b from whom a request has been received to that effect or c who has not paid any prescribed fee required to be paid by him or d who is found to have been subject at the time when his name was entered in the 1register of members, or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the register. 2 the council shall remove from the 1register of members the name of any member in respect of whom an order has been passed under this act removing him from membership of the institute. 23 if the name of any member has been removed from the register under clause c of subsection 1, on receipt of an application, his name may be entered again in the register on payment of the arrears of annual fee and entrance fee along with such additional fee, as may be determined, by notification, by the council 3: 4. 1. subs. by s. 54, ibid., for register w.e.f. . 2. ins. by act 7 of , s. 18 w.e.f. . 3.the words which shall not exceed rupees two thousand omitted by act 12 of , s. 54 w.e.f. . 4.the proviso omitted by s. 54, ibid. w.e.f. .

section 21d. of the cost accountants act : 121d.transitional provisions.all complaints pending before the council or any inquiry initiated by the disciplinary committee or any reference or appeal made to a high court prior to the commencement of the cost and works accountants amendment act, shall continue to be governed by the provisions of this act, as if this act had not been amended by the cost and works accountants amendment act, . 1. ins. by s. 20, ibid. w.e.f. .

section 22. of the cost accountants act : 122. professional or other misconduct defined. for the purposes of this act, the expression professional or other misconduct shall be deemed to include any act or omission provided in any of the schedules but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the director discipline under subsection 1 of section 21 to inquire into the conduct of any member of the institute under any other circumstances. 1. subs. by act 7 of , s. 21, for section 22 w.e.f. .

section 21a. of the cost accountants act : 121a. board of discipline.1 the council shall constitute a board of discipline consisting of a a person with experience in law and having knowledge of disciplinary matters and the profession, to be its presiding officer b two members one of whom shall be a member of the council elected by the council and the other member shall be the person designated under clause c of subsection 1 of section 16 c the director discipline shall function as the secretary of the board. 2 the board of discipline shall follow summary disposal procedure in dealing with all the cases before it. 3 where the board of discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the first schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register up to a period of three months c impose such fine as it may think fit which may extend to rupees one lakh. 4 the director discipline shall submit before the board of discipline all information and complaints where he is of the opinion that there is no prima facie case and the board of discipline may, if it agrees with the opinion of the director discipline, close the matter or in case of disagreement, may advise the director discipline to further investigate the matter. 1. ins. by s. 20, ibid. w.e.f. .

section 21. of the cost accountants act : show related subordinates 121. disciplinary directorate.1 the council shall, by notification, establish a disciplinary directorate headed by an officer of the institute designated as director discipline and such other employees for making investigations in respect of any information or complaint received by it. 2 on receipt of any information or complaint along with the prescribed fee, the director discipline shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. 3 where the director discipline is of the opinion that a member is guilty of any professional or other misconduct mentioned in the first schedule, he shall place the matter before the board of discipline and where the director discipline is of the opinion that a member is guilty of any professional or other misconduct mentioned in the second schedule or in both the schedules, he shall place the matter before the disciplinary committee. 4 in order to make investigations under the provisions of this act, the disciplinary directorate shall follow such procedure as may be specified. 5 where a complainant withdraws the complaint, the director discipline shall place such withdrawal before the board of discipline or as the case may be, the disciplinary committee, and the said board of committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage. 1. subs. by s. 19, ibid., for section 21 w.e.f. .

section 21b. of the cost accountants act : show related subordinates 121b. disciplinary committee.1 the council shall constitute a disciplinary committee consisting of the president or the vicepresident of the council as the presiding officer and two members to be elected from amongst the members of the council and two members to be nominated by the central government from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy: provided that the council may constitute more disciplinary committees as and when it considers necessary. 2 the disciplinary committee while considering the cases placed before it, shall follow such procedure as may be specified. 3 where the disciplinary committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the second schedule or both the first schedule and the second schedule,it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: a reprimand the member b remove the name of the member from the register permanently or for such period, as it thinks fit c impose such fine as it may think fit, which may extend to rupees five lakhs. 4 the allowances payable to the members nominated by the central government shall be such as may be specified. 1. ins. by s. 20, ibid. w.e.f. .

section 21c. of the cost accountants act : 121c. authority, disciplinary committee, board of discipline and director discipline to have powers of civil court.for the purposes of an inquiry under the provisions of this act, the authority, the disciplinary committee, board of discipline and the director discipline shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b the discovery and production of any document and c receiving evidence on affidavit. explanation.for the purposes of sections 21, 21a, 21b, 21c and 22, member of the institute includes a person who was a member of the institute on the date of the alleged misconduct although he has ceased to be a member of the institute at the time of the inquiry. 1. ins. by s. 20, ibid. w.e.f. .

section 22a. of the cost accountants act : show related subordinates 122a. constitution of appellate authority.the appellate authority constituted under subsection 1 of section 22a of the chartered accountants act, 38 of , shall be deemed to be the appellate authority for the purposes of this act subject to the modification that for clause b of said subsection 1, the following clause had been substituted, namely: b the central government shall, by notification appoint two parttime members from amongst the persons who have been members of the council of the 2institute of cost accountants of india for at least one full term and who is not a sitting member of the council. 1. ins. by act 7 of , s. 22 w.e.f. . 2. subs. by act 10 of , s. 5, for institute of cost and works accountants of india w.e.f. .

section 25. of the cost accountants act : 1 save as otherwise provided in this act, no person shall, i use a name or a common seal which is identical with the name or the common seal of the institute or so nearly resembles it as to deceive or as is likely to deceive the public ii award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the institute or iii seek to regulate in any manner whatsoever the profession of 1cost accountants. 2 any person contravening the provisions of subsection 1 shall, without prejudice to any other proceedings which may be taken against him, 2be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction, and on any subsequent conviction with imprisonment which may extend to 3one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, or with both. 4 4 if the central government is satisfied that any diploma or certificate or any designation granted or conferred by any person other than the institute, which purports to be a qualification in cost accountancy but which, in the opinion of the central government, falls short of the standard of qualifications prescribed for cost accountants and does not in fact indicate or purport to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the institute, it may, by notification in the official gazette and subject to such conditions as it may think fit to impose, declare that this section shall not apply to such diploma or certificate or designation 1. subs. by act 10 of , s. 6, for cost and works accountants w.e.f. . 2. subs. by act 12 of , s. 64, for be punishable on first conviction with fine which may extend to one thousand rupees w.e.f. . 3. subs. by s. 64, ibid., for six months, or with fine which may extend to five thousand rupees w.e.f. . 4. subsection 3 omitted by act 7 of , s. 23 w.e.f. .

section 22b. of the cost accountants act : 122b. term of office of members of authority.a person appointed as a member shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixtytwo years, whichever is earlier. 1. ins. by act 7 of , s. 22 w.e.f. .

section 22c., of authority. of the cost accountants act : show related subordinates 122c. procedure, etc., of authority.the provisions of section 22c, section 22d and section 22f of the chartered accountants act, 38 of shall apply to the authority in relation to allowances and terms and conditions of service of its chairperson and members and in the discharge of its functions under this act as they apply to it in the discharge of its functions under the chartered accountants act, . 1. ins. by act 7 of , s. 22 w.e.f. .

section 22d. of the cost accountants act : 122d. officers and other staff of authority.1 the council shall make available to the authority such officers and other staff members as may be necessary for the efficient performance of the functions of the authority. 2 the salaries and allowances and conditions of service of the officers and other staff members of the authority shall be such as may be prescribed. 1. ins. by act 7 of , s. 22 w.e.f. .

section 22e. of the cost accountants act : 122e. appeal to authority.1 any member of the institute aggrieved by any order of the board of discipline or the disciplinary committee imposing on him any of the penalties referred to in subsection 3 of section 21a and subsection 3 of section 21b, may within ninety days from the date on which the order is communicated to him, prefer an appeal to the authority: provided that the director discipline may also appeal against the decision of the board of discipline or the disciplinary committee to the authority if so authorised by the council, within ninety days: provided further that the authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time. 2 the authority may, after calling for the records of any case, revise any order made by the board of discipline or the disciplinary committee under subsection 3 of section 21a and subsection 3 of section 21b and may a confirm, modify or set aside the order b impose any penalty or set aside, reduce, or enhance the penalty imposed by the order c remit the case to the board of discipline or disciplinary committee for such further enquiry as the authority considers proper in the circumstances of the case or d pass such other order as the authority thinks fit: provided that the authority shall give an opportunity of being heard to the parties concerned before passing any order. 1. ins. by act 7 of , s. 22 w.e.f. .

section 29. of the cost accountants act : show related subordinates no person shall be prosecuted under this act except on a complaint made by or under the order of the council or of the central government.

section 23. of the cost accountants act : 1 for the purpose of advising and assisting it on matters concerning its functions, the council may constitute such regional councils as and when it deems fit for one or more of the regional constituencies that may be specified by the central government under clause a of subsection 2 of section 9. 2 the regional councils shall be constituted in such manner and exercise such functions as may be prescribed.

section 28. of the cost accountants act : show related subordinates 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company with respect to any offence under section 24, section 25 or section 27, means any body corporate and includes a firm or other association of individuals and with respect to an offence under section 26 means a body corporate and b director, in relation to a firm, means a partner in the firm.

section 24. of the cost accountants act : any person who, i not being a member of the institute a represents that he is a member of the institute or b uses the designation cost accountant or ii being a member of the institute, but not having a certificate of practice, represents that he is in practice or practices as a cost accountant shall be punishable on first conviction with fine which may extend to 1one lakh rupees, and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to 2five lakh rupees, or with both. 1 subs. by act 12 of , s. 63, for one thousand rupees w.e.f. . 2. subs. by s. 63, ibid., for five thousand rupees w.e.f. .

section 29a. of the cost accountants act : show related subordinates 129a. establishment of quality review board.1 the central government shall, by notification, constitute a quality review board consisting of a chairperson and four other members. 2 the chairperson and members of the board shall be appointed from amongst the persons of eminence having experience in the field of law, economics, business, finance or accountancy. 3 two members of the board shall be nominated by the council and other two members shall be nominated by the central government. 1. ins. by s. 25, ibid. w.e.f. .

section 26. of the cost accountants act : 1 no company, whether incorporated in india or elsewhere, shall practice as cost accountants. 1explanation.for the removal of doubts, it is hereby declared that the company shall include any limited liability partnership which has company as its partner for the purposes of this section. 22 if any company contravenes the provisions of subsection 1, then every director, manager, secretary and any other officer who is knowingly a party to such contravention shall be punished on first conviction with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, and on any subsequent conviction, with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees. 1. ins. by act 10 of , s. 7 w.e.f. . 2. subs. by act 12 of , s. 65, for subsection 2 w.e.f. .

section 27. of the cost accountants act : 1 no person other than a member of the institute shall sign any document on behalf of cost accountant in practice or a firm of such cost accountants in his or its professional capacity. 12 any person who contravenes the provisions of subsection 1 shall, without prejudice to any other proceedings which may be taken against him, be punishable on first conviction with a fine not less than 2one lakh rupees but which may extend to 3five lakh rupees, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to one year or with a fine not less than 4two lakh rupees but which may extend to 5ten lakh rupees or with both. 1. subs. by act 7 of , s. 24, for subsection 2 w.e.f. 2. subs. by act 12 of , s. 66, for five thousand rupees w.e.f. . 3. subs. by s. 66, ibid., for one lakh rupees w.e.f. . 4. subs. by s. 66, ibid., for ten thousand rupees w.e.f. . 5. subs. by s. 66, ibid., for two lakh rupees w.e.f. .

section 29b. of the cost accountants act : show related subordinates 129b. functions of board.the board shall perform the following functions, namely: a to make recommendations to the council with regard to the quality of services provided by the members of the institute b to review the quality of services provided by the members of the institute including cost audit services and c to guide the members of the institute to improve the quality of services and adherence to the various statutory and other regulatory requirements. 2d to forward cases of noncompliance with various statutory and regulatory requirements by the members of the institute or firms noticed by it during the course of its review, to the disciplinary directorate for its examination. 1. ins. by s. 25, ibid. w.e.f. . 2. ins. by act 12 of , s. 67 w.e.f. .

section 29c. of the cost accountants act : show related subordinates 129c. procedure of board.the board shall meet at such time and place and follow in its meetings such procedure as may be specified. 1. ins. by s. 25, ibid. w.e.f. .

section 29d. of the cost accountants act : show related subordinates 129d. terms and conditions of service of chairperson and members of board and its expenditure.1 the terms and conditions of service of the chairperson and the members of the board, and their allowances shall be such as may be specified. 2 the expenditure of the board shall be borne by the council. 1. ins. by s. 25, ibid. w.e.f. .

section 35. of the cost accountants act : 1 the central government may from time to time issue such directions to the council as in the opinion of the central government are conducive to the fulfilment of the objects of this act and in the discharge of its functions, the council shall be bound to carry out any such directions. 2 directions issued under subsection 1 may include directions to the council to make any regulations or to amend or revoke any regulations already made. 3 if, in the opinion of the central government the council has persistently made default in giving effect to the directions issued under this section, the central government may, after giving an opportunity to the council to state its case, by order, dissolve the council, where after a new council shall be constituted in accordance with the provisions of this act with effect from such date as may be specified by the central government. 4 where the central government passes an order under subsection 3 dissolving the council, it may, pending the constitution of a new council in accordance with the provisions of this act, authorise any person or body of persons to take over the management of the affairs of the institute and to exercise such functions as may be specified in this behalf by the central government.

section 31. of the cost accountants act : 1 on the commencement of this act, there shall be transferred to and vested in the institute all the assets and liabilities of the dissolved company. 2 the assets of the dissolved company shall be deemed to include all rights and powers, and all property, whether movable or immovable of the company, including, in particular, cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the dissolved company and all books of accounts or documents of the dissolved company and the liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing of that company. 3 all contracts, debts, bonds, agreements and other instruments of whatever nature to which the dissolved company is a party, subsisting or having effect immediately before the commencement of this act, shall be of as full force and effect against or in favour of the institute, as the case may be, and may be enforced as fully and effectively as if instead of the dissolved company, the institute had been a party thereto. 4 if, on the commencement of this act, any suit, appeal or other legal proceeding of whatever nature by or against the dissolved company is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the institute of the assets and liabilities of the dissolved company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the institute, in the same manner and to the same extent as it would or may be continued, prosecuted and enforced by or against the dissolved company if this act had not been passed.

section 30. of the cost accountants act : on the commencement of this act, a the company known as the institute of cost and works accountants registered under the companies act, 1 of , shall be dissolved and thereafter no person shall make, assert or take any claims, demands or proceedings against the dissolved company or against any officer thereof in his capacity as such officer except in so far as may be necessary, for enforcing the provisions of this act b the right of every member to or in respect of the dissolved company shall be extinguished, and thereafter no member of that company shall make, assert or take any claims or demands or proceedings in respect of that company except as provided in this act.

section 32. of the cost accountants act : 1 every person employed in the dissolved company prior to the 1st day of september, , and still in its employment immediately before the commencement of this act shall, as from such commencement, become an employee of the institute, shall hold his office or service therein by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the dissolved company if this act had not been passed, and shall continue to do so unless and until his employment in the institute is terminated or until his remuneration, terms and conditions of employment are duly altered by the institute. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force the transfer of the services of any employee of the dissolved company to the institute shall not entitle any such employee to any compensation under that act or other law, and no such claim shall be entertained by any court, tribunal or other authority.

section 33. of the cost accountants act : appeals. omitted by cost and works amendment act, 7 of , s. 26 w.e.f. .

section 38a. power of central government to make rules of the cost accountants act : show related subordinates 138a. power of central government to make rules.1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the manner of election and nomination in respect of members to the council under subsection 2 of section 9 b the terms and conditions of service of the presiding officer and members of the tribunal, place of meetings and allowances to be paid to them under subsection 5 of section 10b 2c the form and fee for filing an information or a complaint under subsection 1, the manner of deciding a complaint or information as actionable or nonactionable under subsection 2 and the procedure of investigation under subsection 7, of section 21 d the procedure while considering the cases by the board of discipline under subsection 2 and time limit for payment of fine under subsection 7, of section 21a da the procedure while considering the cases by the disciplinary committee under subsection 2 and time limit for payment of fine under subsection 7, of section 21b e the procedure to be followed by the board in its meetings under section 29c and f the terms and conditions of service of the chairperson and members of the board under subsection 1 of section 29d. 1. ins. by act 7 of , s. 29 w.e.f. . 2. subs. by act 12 of , s. 70, for clauses c and d w.e.f. .

section 34. of the cost accountants act : 1 where an order is made under this act reprimanding a member a record of the punishment shall be entered against his name in the register. 2 where the name of any member is removed, the certificate of practice granted to him under this act shall be recalled and cancelled.

section 36. of the cost accountants act : 136. protection of action taken in good faith.no suit, prosecution or other legal proceeding shall lie against the central government or the council or the authority or the disciplinary committee or the tribunal or the board or the board of discipline or the disciplinary directorate or any officer of that government, council, authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate, for anything which is in good faith done or intended to be done under this act or any rule, regulation, notification, direction or order made thereunder. 1. subs. by act 7 of , s. 27, for section 36 w.e.f. .

section 36a., to be public servants. of the cost accountants act : 136a. members, etc., to be public servants.the chairperson, presiding officer, members and other officers and employees of the authority, disciplinary committee, tribunal, board, board of discipline or the disciplinary directorate shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by s. 28, ibid. w.e.f. .

section 39. of the cost accountants act : 1 the council may, by notification in the gazette of india, make regulations for the purpose of carrying out the objects of this act, 1. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the standard and conduct of examinations under this act b the qualifications for the entry of the name of any person in the 2register of members as a member of the institute c the qualification required for the purposes of subsection 4 of section 5 d the conditions under which any examination or training may be treated as equivalent to the examination or training prescribed for members of the institute e the conditions under which any foreign qualification may be recognised f the manner in which and the conditions subject to which applications for entry in the 2register of members may be made g the fees payable for membership of the institute and the annual fees payable by associates and fellows of the institute in respect of their certificates 3 i the particulars to be entered in the register 4 k the regulation and maintenance of the status and standard of professional qualifications of members of the institute l the carrying out of research in accountancy m the maintenance of libraries and publication of books and periodicals relating to cost accountancy and allied subjects n the management of the property of the council and the maintenance and audit of its accounts o the summoning and holding of meetings of the council and committees thereof, the times and places of such meetings, the procedure to be followed thereat and the number of members necessary to form a quorum p the manner in which the annual list of 5members of the institute shall be published q the powers, duties and functions of the president and the vicepresident of the council r the functions of the standing and other committees and the conditions subject to which such functions shall be discharged 6s the circumstances under which certificates of practice may be cancelled under subsection 3 of section 6 sa the guidelines for granting or refusal of certificates of practice under clause e of subsection 2 of section 15 sb the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the secretary and other officers and employees of the council under clause c of subsection 2 of section 16 sc the manner of preparing annual financial statement under subsection 4 and the annual accounts under subsection 5, of section 18 sd the manner of maintaining a register of the members of the institute under subsection 1 of section 19 se the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20a sf the manner of maintenance of register of firms and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under subsection 1 and subsection 2 and the manner in which the annual list of firms registered with the institute shall be published under subsection 3, of section 20b sg the manner of making available status of actionable information and complaints and orders passed under subsection 9 of section 21 sh the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of board of discipline under subsection 8, of section 21a si the manner of preparing panel of persons under clauses a, b and c of subsection 1 and the allowances payable to the presiding officers and members of the disciplinary committees under subsection 8, of section 21b sj the salaries and allowances and conditions of service of officers and other staff of the authority under subsection 2 of section 22d sk the manner in which regional council may be constituted under subsection 2 of section 23 and the functions thereof 7 u the terms and conditions of service of persons who have become employees of the institute under section 32 of this act v the registration and training of students and the fees to be charged therefor and w any other matter which is required to be, or may be, prescribed under this act. 3 all regulations made by the council under this act shall be subject to the condition of previous publication and to the approval of the central government. 4 notwithstanding anything contained in subsections 1 and 2, the central government may frame the first regulations for the purposes mentioned in this section, and such regulations shall be deemed to have been made by the council, and shall remain in force until they are amended, altered or revoked by the council. 8 1. the words and a copy of such regulations shall be sent to each member of the the institute omitted by act 7 of , s. 30 w.e.f. . 2.subs. by act 12 of , s. 71, for register w.e.f. . 3.clause h omitted by s. 71, ibid. w.e.f. . 4.clause j omitted by s. 71, ibid. w.e.f. . 5.subs. by s. 71, ibid., for members of w.e.f. . 6.subs. by s. 71, ibid., for clause s w.e.f. . 7.clause t omitted by act 7 of , s. 30 w.e.f. . 8.subsection 5 omitted by act 7 of , s. 30 w.e.f. .

section 40. of the cost accountants act : 140. rules, regulations and notifications to laid before parliament.every rule and every regulation made and every notification issued under this act shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, regulation or notification, or both houses agree that the rule, regulation or notification should not be made or issued, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or notification. 1. ins. by s. 31, ibid. w.e.f. .

section 37. of the cost accountants act : show related subordinates 1 where a cost accountant in practice or a firm of such cost accountants has more than one office in india, each one of such offices shall be in the separate charge of a member of the institute: provided that the council may in suitable cases exempt any cost accountant in practice or firm of such cost accountants from the operation of this subsection. 2 every cost accountant in practice or firm of such cost accountants maintaining more than one office shall send to the council a list of offices and the persons in charge thereof and shall keep the council informed of any changes in relation thereto.

section 38. of the cost accountants act : show related subordinates 1 where any country, specified by the central government in this behalf by notification in the official gazette, prevents persons of indian domicile from becoming members of any institution similar to the institute established under this act or from practicing the profession of costs accountancy or subject them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the institute or practice the profession of cost accountancy, in india. 2 subject to the provisions of subsection 1, the council may prescribe the conditions, if any, subject to which foreign qualifications relating to cost accountancy shall be recognised for the purposes of entry in the 1register of members. 1. subs. by act 12 of , s. 69, for register w.e.f. .

section 8. of the northeastern council act : the northeastern council act, 26 of is hereby repealed.

section 1. of the northeastern council act : show related subordinates 1 this act may be called the northeastern council act, . 2 it shall come into force on such date1 , being a date not earlier than the day appointed under clause b of section 2 of the northeastern areas reorganisation act, 81 of , as the central government may, by notification in the official gazette, appoint. 1. 1staugust, , vide notification no. g.s.r. 359e, dated 25th july, , see gazette of india, extraordinary, part ii, sec. 3i. rules yeardescriptionfiles rules of procedure of nec

section 3. of the northeastern council act : 11 there shall be a council to be called the northeastern council which shall consist of the following members, namely: i the person or persons for the time being holding the office of the governor of the states ii the chief ministers of the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland, sikkim and tripura: provided that, if there is no council of ministers in any state referred to in clause b, the president may nominate not more than one person to represent such state in the council for so long as there is no council of ministers in such state iii three members to be nominated by the president. 2 notwithstanding anything contained in subsection 1, the president may, if he deems it necessary so to do, nominate a union minister to be a member of the council. 23 the president shall nominate the chairman of the council. 4 the president may, if he deems it necessary so to do, nominate another member of the council to act as vicechairman of the council. 1. subs. by s. 3, ibid., for subsection 1 w.e.f. . 2. subs. by s. 3, ibid., for subsection 3 w.e.f. .

section 2. of the northeastern council act : in this act, unless the context otherwise requires, a council means the northeastern council set up under section 3 1b northeastern area means the area comprising the states of arunachal pradesh, assam, manipur, meghalaya, mizoram,2nagaland, sikkim and tripura 1. subs. by act 69 of , s. 45, for clauses b and c w.e.f. . 2. subs. by act 68 of , s. 2, for nagaland and tripura w.e.f. .

section 7. of the northeastern council act : 1 the council shall have a secretarial staff consisting of a secretary, a planning adviser, a financial adviser and a security adviser and such other officers and employees as the central government may, by order, determine. 2 the secretarial staff of the council shall function under the direction, supervision and control of the chairman of the council. 3 the office of the council shall be located at such place as may be determined by the council. 4 the administrative expenses of the said office, including the salaries and allowances payable to, or in respect of, members of the secretarial staff of the council, shall be borne by the central government out of the moneys provided by parliament for the purpose.

section 5. of the northeastern council act : 1 1the council shall meet at least twice in a year at such times as the chairman of the council may appoint in this behalf and shall, subject to the other provisions of this section, observe such rules of procedure in regard to transaction of business at its meetings as it may lay down from time to time. 2 the chairman or in his absence the vicechairman, if any, or in the absence of both the chairman and the vicechairman, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the council. 3 the proceedings of every meeting of the council shall be forwarded to the central government and also to the government of each state represented on the council. 1. subs. by s. 5, ibid., for the council shall meet at such times w.e.f. .

section 6. of the northeastern council act : in order to assist the council in the discharge of its functions, each of the ministries of the central government dealing with matters relating to defence, finance, home affairs 1planning and the department of development of northeastern region shall nominate an officer to attend the meetings of the council. 1. subs. by s. 6, ibid., for and planning w.e.f. .

section 4. of the northeastern council act : 11 the council shall function as a regional planning body for the northeastern area. 2 while formulating the regional plans for the northeastern area, the council shall give priority to schemes and projects which will benefit two or more states: provided that in case or sikkim, the council shall formulate specific projects and schemes for that state including the review of implementation of such projects and schemes. 3 the council shall a review, from time to time, the implementation of the projects and schemes included in the regional plan and recommend measures for effecting coordination among the governments of the states concerned in the matter of implementation of such projects and schemes b where a project or scheme is intended to benefit two or more states, recommend the manner in which, i such project or scheme may be executed or implemented and managed or maintained or ii the benefits therefrom may be shared or iii the expenditure thereon may be incurred 2 d recommend to the government of the state concerned or to the central government the undertaking of necessary surveys and investigation of projects in any state represented in the council to facilitate consideration of the feasibility of including new projects in the regional plan. 4 the council shall review from time to time the measures taken by the states represented in the council for the maintenance of security and public order therein and recommend to the governments of the states concerned further measures necessary in this regard. 35 the council shall have such power as may be delegated to it by the central government. 1. subs. by s. 4, ibid., for subsections 1 and 2 w.e.f. . 2. clause c omitted by act 68 of , s. 4 w.e.f. . 3. ins. by s. 4, ibid. w.e.f. .

section 8. of the customs act : the 1 principal commissioner of customs or commissioner of customs may, a approve proper places in any customs port or customs airport or coastal port for the unloading and loading of goods or for any class of goods b specify the limits of any customs area. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 1. of the customs act : show related subordinates 1 this act may be called the customs act, . 2 it extends to the whole of india 1 and, save as otherwise provided in this act, it applies also to any offence or contravention thereunder committed outside india by any person. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. ins. by act 13 of , s. 57 w.e.f. . 2. 1st february, , vide notification no. g.s.r. 155, dated 23rd january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the customs act : show related subordinates in this act, unless the context otherwise requires, 1 1 adjudicating authority means any authority competent to pass any order or decision under this act, but does not include the board, 2 commissioner appeals or appellate tribunal 1a aircraft has the same meaning as in the aircraft act, 22 of 1b appellate tribunal means the customs, excise and 3 service tax appellate tribunal constituted under section 129 4 2 assessment means determination of the dutiability of any goods and the amount of duty, tax, cess or any other sum so payable, if any, under this act or under the customs tariff act, 51 of hereinafter referred to as the customs tariff act or under any other law for the time being in force, with reference to a the tariff classification of such goods as determined in accordance with the provisions of the customs tariff act b the value of such goods as determined in accordance with the provisions of this act and the customs tariff act c exemption or concession of duty, tax, cess or any other sum, consequent upon any notification issued therefor under this act or under the customs tariff act or under any other law for the time being in force d the quantity, weight, volume, measurement or other specifics where such duty, tax, cess or any other sum is leviable on the basis of the quantity, weight, volume, measurement or other specifics of such goods e the origin of such goods determined in accordance with the provisions of the customs tariff act or the rules made thereunder, if the amount of duty, tax, cess or any other sum is affected by the origin of such goods f any other specific factor which affects the duty, tax, cess or any other sum payable on such goods, and includes provisional assessment, selfassessment, reassessment and any assessment in which the duty assessed is nil 3 baggage includes unaccompanied baggage but does not include motor vehicles 5 3a beneficial owner means any person on whose behalf the goods are being imported or exported or who exercises effective control over the goods being imported or exported 4 bill of entry means a bill of entry referred to in section 46 5 bill of export means a bill of export referred to in section 50 6 board means the 6 7 central board of indirect taxes and customs constituted under the central boards of revenue act, 54 of 7 coastal goods means goods, other than imported goods, transported in a vessel from one port in india to another 8 7a commissioner appeals means a person appointed to be a commissioner of customs appeals under subsection 1 of section 4 97b common portal means the common customs electronic portal referred to in section 154c. 8 10 principal commissioner of customs or commissioner of customs, except for the purposes of chapter xv, includes an additional commissioner of customs 9 conveyance includes a vessel, an aircraft and a vehicle 10 customs airport means any airport appointed under clause a of section 7 to be a customs airport 11 and includes a place appointed under clause aa of that section to be an air freight station 11 customs area means the area of a customs station 12 or a warehouse and includes any area in which imported goods or exported goods are ordinarily kept before clearance by customs authorities 12 customs port means any port appointed under clause a of section 7 to be a customs port 13 , and includes a place appointed under clause aa of that section to be an inland container depot 13 customs station means any customs port, 14 customs airport, international courier terminal, foreign post office or land customs station 14 dutiable goods means any goods which are chargeable to duty and on which duty has not been paid 15 duty means a duty of customs leviable under this act 16 entry in relation to goods means an entry made in a bill of entry, shipping bill or bill of export and includes 15 the entry made under the regulations made under section 84 17 examination, in relation to any goods, includes measurement and weighment thereof 18 export, with its grammatical variations and cognate expressions, means taking out of india to a place outside india 19 export goods means any goods which are to be taken out of india to a place outside india 20 exporter, in relation to any goods at any time between their entry for export and the time when they are exported, includes 16 any owner, beneficial owner or any person holding himself out to be the exporter 17 20a foreign post office means any post office appointed under clause e of subsection 1 of section 7 to be a foreign post office 21 foreigngoing vessel or aircraft means any vessel or aircraft for the time being engaged in the carriage of goods or passengers between any port or airport in india and any port or airport outside india, whether touching any intermediate port or airport in india or not, and includes i any naval vessel of a foreign government taking part in any naval exercises ii any vessel engaged in fishing or any other operations outside the territorial waters of india iii any vessel or aircraft proceeding to a place outside india for any purpose whatsoever 18 21a fund means the consumer welfare fund established under section 12c of the central excises and salt act, 1 of 22 goods includes a vessels, aircrafts and vehicles b stores c baggage d currency and negotiable instruments and e any other kind of movable property 23 import, with its grammatical variations and cognate expressions, means bringing into india from a place outside india arrival manifest or import manifest or import report means the manifest or report required to be delivered under section 30 25 imported goods means any goods brought into india from a place outside india but does not include goods which have been cleared for home consumption 26 importer, in relation to any goods at any time between their importation and the time when they are cleared for home consumption, includes 20 any owner, beneficial owner or any person holding himself out to be the importer 27 india includes the territorial waters of india 28 indian customs waters means the 21 waters extending into the sea up to the limit of 22 exclusive economic zone under section 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of , and includes any bay, gulf, harbour, creek or tidal river 23 28a international courier terminal means any place appointed under clause f of subsection 1 of section 7 to be an international courier terminal 29 land customs station means any place appointed under clause b of section 7 to be a land customs station 30 market price, in relation to any goods, means the wholesale price of the goods in the ordinary course of trade in india 24 30a national tax tribunal means the national tax tribunal established under section 3 of the national tax tribunal act, 49 of 25 30aa notification means notification published in the official gazette and the expression notify with its cognate meaning and grammatical variation shall be construed accordingly 26 30b passenger name record information means the records prepared by an operator of any aircraft or vessel or vehicle or his authorised agent for each journey booked by or on behalf of any passenger 31 personincharge means, a in relation to a vessel, the master of the vessel b in relation to an aircraft, the commander or pilotincharge of the aircraft c in relation to a railway train, the conductor, guard or other person having the chief direction of the train d in relation to any other conveyance, the driver or other personincharge of the conveyance 32 prescribed means prescribed by regulations made under this act 33 prohibited goods means any goods the import or export of which is subject to any prohibition under this act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with 34 proper office, in relation to any functions to be performed under this act, means the officer of customs who is assigned those functions by the board or the 27 principal commissioner of customs or commissioner of customs 28under section 5 35 regulations means the regulations made by the board under any provision of this act 36 rules means the rules made by the central government under any provision of this act 37 shipping bill means a shipping bill referred to in section 50 38 stores means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting 39 smuggling, in relation to any goods, means any act or omission which will render such goods liable to confiscation under section 111 or section 113 40 tariff value, in relation to any goods, means the tariff value fixed in respect thereof under subsection 2 of section 14 41 value, in relation to any goods, means the value thereof determined in accordance with the provisions of 29 subsection 1 or subsection 2 of section 14 42 vehicle means conveyance of any kind used on land and includes a railway vehicle 30 43 warehouse means a public warehouse licensed under section 57 or a private warehouse licensed under section 58 or a special warehouse licensed under section 58a 44 warehoused goods means goods deposited in a warehouse 31 1. subs. by act 44 of , s. 50 and fifth schedule, part i, for clause 1 w.e.f. . 2. subs. by act 22 of , s. 51, for collector appeals w.e.f. . 3. subs. by act 32 of , s. 104, for gold control w.e.f. . 4. subs. by act 13 of , s. 58, for clause 2 w.e.f. . 5. ins. by act 7 of , s. 89 w.e.f. . 6. subs. by act 54 of , s. 5, for certain words and figures w.e.f. . 7. subs. by act 13 of , s. 58, for central board of excise and customs w.e.f. . 8. subs. by act 22 of , s. 51, for clauses 7a and 8 w.e.f. . 9. ins. by act 13 of , s. 89 w.e.f. . 10. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 11. ins. by act 23 of , s. 120 w.e.f. . 12. ins. by act 18 of , s. 2 w.e.f . 13. ins. by act 11 of , s. 46 w.e.f. . 14. subs. by act 7 of , s. 89, for customs airport w.e.f. . 15. the words in the case of goods imported or to be exported by post, the entry referred to in section 82 or omitted by s. 89, ibid. w.e.f. . 16. subs. by s. 89, ibid., for any owner w.e.f. . 17. ins. by s. 89, ibid. w.e.f. . 18. ins. by act 40 of , s. 9 w.e.f. . 19. subs. by act 13 of , s. 56, for import manifest w.e.f. . 20. subs. by act 7 of , s. 89, for any owner w.e.f. . 21. subs. by act 25 of , s. 2, for certain words w.e.f. . 22. subs. by act 13 of , s. 58, for contiguous zone of india under section 5 w.e.f. . 23. ins. by act 7 of , s. 89 w.e.f. . 24. ins. by act 49 of , s. 30 and the schedule, part vi w.e.f. . 25. ins. by act 13 of , s. 58 w.e.f. . 26. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 28. ins. by act 6 of , s. 86, w.e.f. . 29. subs. by act 22 of , s. 94, for subsection 1 of section 14 w.e.f. . 30. subs. by act 28 of , s. 116, for clause43 w.e.f. . 31. clause 45 omitted by s. 116, ibid. w.e.f. .

section 7. of the customs act : 17. appointment of customs ports, airports, etc.2 1 the 3 board may, by notification in the official gazette, appoint a the ports and airports which alone shall be customs ports or customs airports for the unloading of imported goods and the loading of export goods or any class of such goods 4 aa the places which alone shall be inland 5 container depots or air freight stations for the unloading of imported goods and the loading of export goods or any class of such goods b the places which alone shall be land customs stations for the clearance of goods imported or to be exported by land or inland water or any class of such goods c the routes by which alone goods or any class of goods specified in the notification may pass by land or inland water into or out of india, or to or from any land customs station from or to any land frontier d the ports which alone shall be coastal ports for the carrying on of trade in coastal goods or any class of such goods with all or any specified ports in india. 6 e the post offices which alone shall be foreign post offices for the clearance of imported goods goods or export goods or any class of such goods f the places which alone shall be international courier terminals for the clearance of imported goods or export goods or any class of such goods. 7 2 every notification issued under this section and in force immediately before the commencement of the finance act, 32 of shall, on such commencement, be deemed to have been issued under the provisions of this section as amended by section 105 of the finance act, and shall continue to have the same force and effect after such commencement until it is amended, rescinded or superseded under the provisions of this section. 1. subs. by act 28 of , s. 117, for the chapter heading w.e.f. . 2. section 7 numbered as subsection 1 thereof by act 32 of , s. 105 w.e.f. . 3. subs. by s. 105, ibid., for central government w.e.f. . 4. ins. by act 11 of , s. 47 w.e.f.. 5. subs. by act 23 of , s. 121, for container depots w.e.f. . 6. ins. by act 7 of , s. 90 w.e.f. . 7. ins. by act 32 of , s. 105 w.e.f. .

section 3. of the customs act : 1 3.2 classes of officers of customs.there shall be the following classes of officers of customs, namely: a principal chief commissioner of customs or principal chief commissioner of customs preventive or principal director general of revenue intelligence b chief commissioner of customs or chief commissioner of customs preventive or director general of revenue intelligence c principal commissioner of customs or principal commissioner of customs preventive or principal additional director general of revenue intelligence or principal commissioner of customs audit d commissioner of customs or commissioner of customs preventive or additional director general of revenue intelligence or commissioner of customs audit e principal commissioner of customs appeals f commissioner of customs appeals g additional commissioner of customs or additional commissioner of customs preventive or additional director of revenue intelligence or additional commissioner of customs audit h joint commissioner of customs or joint commissioner of customs preventive or joint director of revenue intelligence or joint commissioner of customs audit i deputy commissioner of customs or deputy commissioner of customs preventive or deputy director of revenue intelligence or deputy commissioner of customs audit j assistant commissioner of customs or assistant commissioner of customs preventive or assistant director of revenue intelligence or assistant commissioner of customs audit k such other class of officers of customs as may be appointed for the purposes of this act. 1. subs. by act 22 of , s. 52, for sections 3 and 4 w.e.f. . 2. subs. by act 6 of , s. 87 for section 3 w.e.f. , earlier it was subs. by act 25 of , s. 79, for clauses a, b, c, cc, d, e and f w.e.f. .

section 9.. of the customs act : powers to declare places to be warehousing stations.omitted by the finance act, 28 of , s. 118 w.e.f. .

section 4. of the customs act : 1 the 1 board may appoint such persons as it thinks fit to be officers of customs. 2 without prejudice to the provisions of subsection 1, 2 board may authorise a 3 principal chief commissioner of customs or chief commissioner of customs or a 4 principal commissioner of customs or commissioner of customs or a 5joint or 6assistant commissioner of customs or deputy commissioner of customs to appoint officers of customs below the rank of 6assistant commissioner of customs or deputy commissioner of customs. 1. subs. by act 20 of , s. 117, for central governement w.e.f. . 2. subs. by s. 117, ibid., for central government may authorise the board w.e.f. . 3. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 4. subs. by s. 78, ibid., for commissioner of customs w.e.f. . 5. subs. by act 27 of , s. 100, for deputy commissioner of customs w.e.f. . 6. subs. by s. 100, ibid., for assistant commissioner of customs w.e.f. .

section 10. of the customs act : the 1 principal commissioner of customs or commissioner of customs may, by notification in the official gazette, appoint, in or near any customs port, a boarding station for the purpose of boarding of, or disembarkation from, vessels by officers of customs. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 6. of the customs act : the central government may, by notification in the official gazette, entrust either conditionally or unconditionally to any officer of the central or the state government or a local authority any functions of the board or any officer of customs under this act.

section 5. of the customs act : show related subordinates 1 subject to such conditions and limitations as the board may impose, an officer of customs may exercise the powers and discharge the duties conferred or imposed on him under this act. 11a without prejudice to the provisions contained in subsection 1, the board may, by notification, assign such functions as it may deem fit, to an officer of customs, who shall be the proper officer in relation to such functions. 1b within their jurisdiction assigned by the board, the principal commissioner of customs or commissioner of customs, as the case may be, may, by order, assign such functions, as he may deem fit, to an officer of customs, who shall be the proper officer in relation to such functions. 2 an officer of customs may exercise the powers and discharge the duties conferred or imposed under this act on any other officer of customs who is subordinate to him. 3 notwithstanding anything contained in this section, 2 a 3 commissioner appeals shall not exercise the powers and discharge the duties conferred or imposed on an officer of customs other than those specified 4chapter xv, and section 108 and subsection 1d of section 110. 54 in specifying the conditions and limitations referred to in subsection 1, and in assigning functions under subsection 1a, the board may consider any one or more of the following criteria, including, but not limited to a territorial jurisdiction b persons or class of persons c goods or class of goods d cases or class of cases e computer assigned random assignment f any other criterion as the board may, by notification, specify. 5 the board may, by notification, wherever necessary or appropriate, require two or more officers of customs whether or not of the same class to have concurrent powers and functions to be performed under this act. 1. ins. by act 6 of , s. 88 w.e.f. . 2. subs. by act 44 of , s. 50 and the fifth schedule for, an appellate collector of customs w.e.f. . 3. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 4. subs. by act 13 of , s. 90, for chapter xv and section 108 w.e.f. . 5.ins. by act 6 of , s. 88 w.e.f. .

section 11. of the customs act : 1 if the central government is satisfied that it is necessary so to do for any of the purposes specified in subsection 2, it may, by notification in the official gazette, prohibit either absolutely or subject to such conditions to be fulfilled before or after clearance as may be specified in the notification, the import or export of goods of any specified description. 2 the purposes referred to in subsection 1 are the following: a the maintenance of the security of india b the maintenance of public order and standards of decency or morality c the prevention of smuggling d the prevention of shortage of goods of any description e the conservation of foreign exchange and the safeguarding of balance of payments f the prevention of injury to the economy of the country by the uncontrolled import or export of 1gold, silver or any other goods g the prevention of surplus of any agricultural product or the product of fisheries h the maintenance of standards for the classification, grading or marketing of goods in international trade i the establishment of any industry j the prevention of serious injury to domestic production of goods of any description k the protection of human, animal or plant life or health l the protection of national treasures of artistic, historic or archaeological value m the conservation of exhaustible natural resources n the protection of patents, trademarks 2, copyrights, designs and geographical indications o the prevention of deceptive practices p the carrying on of foreign trade in any goods by the state, or by a corporation owned or controlled by the state to the exclusion, complete or partial, of citizens of india q the fulfilment of obligations under the charter of the united nations for the maintenance of international peace and security r the implementation of any treaty, agreement or convention with any country s the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in india t the prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign state or is derogatory to national prestige u the prevention of the contravention of any law for the time being in force and v any other purpose conducive to the interests of the general public. 33 any prohibition or restriction or obligation relating to import or export of any goods or class of goods or clearance thereof provided in any other law for the time being in force, or any rule or regulation made or any order or notification issued thereunder, shall be executed under the provisions of that act only if such prohibition or restriction or obligation is notified under the provisions of this act, subject to such exceptions, modifications or adaptations as the central government deems fit. 1. subs. by act 12 of , s. 107, for gold or silver w.e.f. . 2. subs. by act 17 of , s. 64, for and copyrights w.e.f. . 3. subsection 3 shall stand inserted date to be notified by act 13 of , s. 59.

section 11a. of the customs act : 111a. definitions.in this chapter, unless the context otherwise requires, a illegal import means the import of any goods in contravention of the provisions of this act or any other law for the time being in force b intimated place means a place intimated under subsection 1, subsection 2 or subsection 3, as the case may be, of section 11c c notified date, in relation to goods of any description, means the date on which the notification in relation to such goods is issued under section 11b d notified goods means goods specified in the notification issued under section 11b. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11b. of the customs act : 111b. power of central government to notify goods.if, having regard to the magnitude of the illegal import of goods of any class or description, the central government is satisfied that it is expedient in the public interest to take special measures for the purpose of checking the illegal import, circulation or disposal of such goods, or facilitating the detection of such goods, it may, by notification in the official gazette, specify goods of such class or description. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11g. of the customs act : 111g. sections 11c, 11e and 11f not to apply to goods in personal use.1 nothing in sections 11c, 11e and 11f shall apply to any notified goods which are a in personal use of the person by whom they are owned, possessed or controlled, or b kept in the residential premises of a person for his personal use. 2 if any person, who is in possession of any notified goods referred to in subsection 1, sells, or otherwise transfers for a valuable consideration, any such goods, he shall issue to the purchaser or transferee, as the case may be, a memorandum containing such particulars as may be specified by rules made in this behalf and no such goods shall be taken from one place to another unless they are accompanied by the said memorandum. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11c. of the customs act : 111c. persons possessing notified goods to intimate the place of storage, etc.1 every person who owns, possesses or controls, on the notified date, any notified goods, shall, within seven days from that date, deliver to the proper officer a statement in such form, in such manner and containing such particulars as may be specified by rules made in this behalf in relation to the notified goods owned, possessed or controlled by him and the place where such goods are kept or stored. 2 every person who acquires, after the notified date, any notified goods, shall, before making such acquisition, deliver to the proper officer an intimation containing the particulars of the place where such goods are proposed to be kept or stored after such acquisition and shall, immediately on such acquisition, deliver to the proper officer a statement in such form, in such manner and containing such particulars as may be specified by rules made in this behalf in relation to the notified goods acquired by him: provided that a person who has delivered a statement, whether under subsection 1 or subsection 2, in relation to any notified goods, owned, possessed, controlled or acquired by him, shall not be required to deliver any further statement in relation to any notified goods acquired by him, after the date of delivery of the said statement, so long as the notified goods so acquired are kept or stored at the intimated place. 3 if any person intends to shift any notified goods to any place other than the intimated place, he shall, before taking out such goods from the intimated place, deliver to the proper officer an intimation containing the particulars of the place to which such goods are proposed to be shifted. 4 no person shall, after the expiry of seven days from the notified date, keep or store any notified goods at any place other than the intimated place. 5 where any notified goods have been sold or transferred, such goods shall not be taken from one place to another unless they are accompanied by the voucher referred to in section 11f. 6 no notified goods other than those which have been sold or transferred shall be taken from one place to another unless they are accompanied by a transport voucher in such form and containing such particulars as may be specified by rules made in this behalf prepared by the persons owning, possessing or controlling such goods. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11e. of the customs act : 111e. persons possessing notified goods to maintain accounts.1 every person who, on or after the notified date, owns, possesses, controls or acquires any notified goods shall maintain in such form and in such manner as may be specified by rules made in this behalf a true and complete account of such goods and shall, as often as he acquires or parts with any notified goods, make an entry in the said account in relation to such acquisition or parting with, and shall also state therein the particulars of the person from whom such goods have been acquired or in whose favour such goods have been parted with, as the case may be, and such account shall be kept, along with the goods, at the place of storage of the notified goods to which such accounts relate: provided that it shall not be necessary to maintain separately accounts in the form and manner specified by rules made in this behalf in the case of a person who is already maintaining accounts which contain the particulars specified by the said rules. 2 every person who owns, possesses or controls any notified goods and who uses any such goods for the manufacture of any other goods, shall maintain in such form, in such manner and containing such particulars as may be specified by rules made in this behalf a true and complete account of the notified goods so used by him and shall keep such account at the intimated place. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11f., of notified goods to be evidenced by vouchers. of the customs act : 111f. sale, etc., of notified goods to be evidenced by vouchers.on and from the notified date, no person shall sell or otherwise transfer any notified goods, unless every transaction in relation to the sale or transfer of such goods is evidenced by a voucher in such form and containing such particulars as may be specified by rules made in this behalf. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11d. of the customs act : 111d. precautions to be taken by persons acquiring notified goods.no person shall acquire except by gift or succession, from any other individual in india, after the notified date, any notified goods i unless such goods are accompanied by, a the voucher referred to in section 11f or the memorandum referred to in subsection 2 of section 11g, as the case may be, or b in the case of a person who has himself imported any goods, any evidence showing clearance of such goods by the customs authorities and ii unless he has taken, before acquiring such goods from a person other than a dealer having a fixed place of business, such reasonable steps as may be specified by rules made in this behalf, to ensure that the goods so acquired by him are not goods which have been illegally imported. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 12. of the customs act : 1 except as otherwise provided in this act, or any other law for the time being in force, duties of customs shall be levied at such rates as may be specified under the 1customs tariff act, 51 of , or any other law for the time being in force, on goods imported into, or exported from, india. 22 the provisions of subsection 1 shall apply in respect of all goods belonging to government as they apply in respect of goods not belonging to government. 1. subs. by act 51 of , s. 13, for indian tariff act, 32 of w.e.f. . 2. subs. by act 30 of , s. 2, for subsection 2 w.e.f. .

section 11h. of the customs act : 111h. definitions.in this chapter, unless the context otherwise requires, a illegal export means the export of any goods in contravention of the provisions of this act or any other law for the time being in force b intimated place means a place intimated under subsection 1, subsection 2 or subsection 3, as the case may be, of section 11j c specified area includes the indian customs waters, and such inland area, not exceeding one hundred kilometres in width from any coast or other border of india, as the central government may, having regard to the vulnerability of that area to smuggling, by notification in the official gazette, specify in this behalf: provided that where a part of any village, town or city falls within a specified area, the whole of such village, town or city shall, notwithstanding that the whole of it is not within one hundred kilometres from any coast or other border of india, be deemed to be included in such specified area d specified date, in relation to specified goods, means the date on which any notification is issued under section 11i in relation to those goods in any specified area e specified goods means goods of any description specified in the notification issued under section 11i in relation to a specified area. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11i. of the customs act : 111i. power of central government to specify goods.if, having regard to the magnitude of the illegal export of goods of any class or description, the central government is satisfied that it is expedient in the public interest to take special measures for the purpose of checking the illegal export or facilitating the detection of goods which are likely to be illegally exported, it may, by notification in the official gazette, specify goods of such class or description. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11j. of the customs act : 111j. persons possessing specified goods to intimate the place of storage, etc.1 every person who owns, possesses or controls, on the specified date, any specified goods, the market price of which exceeds fifteen thousand rupees shall, within seven days from that date, deliver to the proper officer an intimation containing the particulars of the place where such goods are kept or stored within the specified area. 2 every person who acquires within the specified area, after the specified date, any specified goods, i the market price of which, or ii the market price of which together with the market price of any specified goods of the same class or description, if any, owned, possessed or controlled by him on the date of such acquisition, exceeds fifteen thousand rupees shall, before making such acquisition, deliver to the proper officer an intimation containing the particulars of the place where such goods are proposed to be kept or stored after such acquisition: provided that a person who has delivered an intimation, whether under subsection 1 or subsection 2, in relation to any specified goods, owned, possessed, controlled or acquired by him, shall not be required to deliver any further intimation so long as the specified goods are kept or stored at the intimated place. 3 if any person intends to shift any specified goods to which subsection 1 or subsection 2 applies, to any place other than the intimated place, he shall, before taking out such goods from the intimated place, deliver to the proper officer an intimation containing the particulars of the place to which such goods are proposed to be shifted. 4 no person shall, after the expiry of seven days from the specified date, keep or store any specified goods to which subsection 1 or subsection 2 applies, at any place other than the intimated place. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11k. of the customs act : 111k. transport of specified goods to be covered by vouchers.1 no specified goods shall be transported from, into or within any specified area or loaded on any animal or conveyance in such area, unless they are accompanied by a transport voucher in such form and containing such particulars as may be specified by rules made in this behalf prepared by the person owning, possessing, controlling or selling such goods: provided that no transport voucher shall be necessary for the transport, within a village, town or city, of any specified goods the market price of which, on the date of transport, does not exceed one thousand rupees. 2 notwithstanding anything contained in subsection 1, where the central government, after considering the nature of any specified goods, the time, mode, route and the market price of the goods intended to be transported, the purpose of the transportation and the vulnerability of the specified area with regard to the illegal export of such goods, is satisfied that it is expedient in the public interest so to do, it may, i by notification in the official gazette, specify goods of such class or description and of a market price exceeding such sum as that government may notify and different sums in relation to the specified goods of the same class or description, or different classes or descriptions, may be notified for the same specified area or for different specified areas, and ii direct that no person shall transport any goods so specified unless the transport voucher in relation to them has been countersigned by the proper officer. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11n. of the customs act : 111n. power to exempt.if the central government is satisfied that it is necessary in the public interest so to do, it may, by notification in the official gazette, exempt generally, either absolutely or subject to such conditions as may be specified in the notification, goods of any class or description from all or any of the provisions of chapter iva or chapter ivb. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11m. of the customs act : 111m. steps to be taken by persons selling or transferring any specified goods.except where he receives payment by cheque drawn by the purchaser, every person who sells or otherwise transfers within any specified area, any specified goods, shall obtain, on his copy of the sale or transfer voucher, the signature and full postal address of the person to whom such sale or transfer is made and shall also take such other reasonable steps as may be specified by rules made in this behalf to satisfy himself as to the identity of the purchaser or the transferee, as the case may be, and if after an inquiry made by a proper officer, it is found that the purchaser or the transferee, as the case may be, is not either readily traceable or is a fictitious person, it shall be presumed, unless the contrary is proved, that such goods have been illegally exported and the person who had sold or otherwise transferred such goods had been concerned in such illegal export: provided that nothing in this section shall apply to petty sales of any specified goods if the aggregate market price obtained by such petty sales, made in the course of a day, does not exceed two thousand and five hundred rupees. explanation.in this section petty sale means a sale at a price which does not exceed one thousand rupees. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 11l. of the customs act : 111l. persons possessing specified goods to maintain accounts.1 every person who, on or after the specified date, owns, possesses or controls, within a specified area, any specified goods of a market price exceeding fifteen thousand rupees, shall maintain in such form and in such manner as may be specified by rules made in this behalf a true and complete account of such goods and shall, as often as he acquires or parts with any specified goods, make an entry in the said account in relation to such acquisition or parting with, and shall also state therein the particulars of the person from whom such goods have been acquired or in whose favour such goods have been parted with, as the case may be, and such account shall be kept, along with the goods, at the place of storage of the specified goods to which such accounts relate: provided that it shall not be necessary to maintain separately accounts in the form and manner specified by rules made in this behalf in the case of a person who is already maintaining accounts which contain the particulars specified by the said rules. 2 every person who owns, possesses or controls any specified goods to which the provisions of subsection 1 apply, and who uses any such goods for the manufacture of any other goods, shall maintain in such form, in such manner and containing such particulars as may be specified by rules made in this behalf a true and complete account of the specified goods so used by him and shall keep such account at the intimated place. 3 if at any time, on a verification made by a proper officer, it is found that any specified goods owned, possessed or controlled by a person are lesser in quantity than the stock of such goods as shown, at the time of such verification, in the accounts referred to in subsection 1, read with the accounts referred to in subsection 2, it shall be presumed, unless the contrary is proved, that such goods, to the extent that they are lesser than the stock shown in the said accounts, have been illegally exported and that the person owning, possessing or controlling such goods has been concerned with the illegal export thereof. 1. chapters iva, ivb and ivc ins. by act 12 of , s. 2 w.e.f. .

section 16. of the customs act : 1 1 the rate of duty and tariff valuation, if any, applicable to any export goods, shall be the rate and valuation in force, a in the case of goods entered for export under section 50, on the date on which the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51 b in the case of any other goods, on the date of payment of duty. 2 the provisions of this section shall not apply to baggage and goods exported by post. 1. subs. by act 23 of , s. 50, for subsection 1 w.e.f. .

section 14. of the customs act : 114. valuation of goods.1 for the purposes of the customs tariff act, 51 of , or any other law for the time being in force, the value of the imported goods and export goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export to india for delivery at the time and place of importation, or as the case may be, for export from india for delivery at the time and place of exportation, where the buyer and seller of the goods are not related and price is the sole consideration for the sale subject to such other conditions as may be specified in the rules made in this behalf: provided that such transaction value in the case of imported goods shall include, in addition to the price as aforesaid, any amount paid or payable for costs and services, including commissions and brokerage, engineering, design work, royalties and licence fees, costs of transportation to the place of importation, insurance, loading, unloading and handling charges to the extent and in the manner specified in the rules made in this behalf: provided further that the rules made in this behalf may provide for, i the circumstances in which the buyer and the seller shall be deemed to be related ii the manner of determination of value in respect of goods when there is no sale, or the buyer and the seller are related, or price is not the sole consideration for the sale or in any other case iii the manner of acceptance or rejection of value declared by the importer or exporter, as the case may be, where the proper officer has reason to doubt the truth or accuracy of such value, and determination of value for the purposes of this section: 2iv the additional obligations of the importer in respect of any class of imported goods and the checks to be exercised, including the circumstances and manner of exercising thereof, as the board may specify, where, the board has reason to believe that the value of such goods may not be declared truthfully or accurately, having regard to the trend of declared value of such goods or any other relevant criteria. provided also that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46, or a shipping bill of export, as the case may be, is presented under section 50. 2 notwithstanding anything contained in subsection 1, if the board is satisfied that it is necessary or expedient so to do, it may, by notification in the official gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value. explanation.for the purposes of this section a rate of exchange means the rate of exchange i determined by the board, or ii ascertained in such manner as the board may direct, for the conversion of indian currency into foreign currency or foreign currency into indian currency b foreign currency and indian currency have the meanings respectively assigned to them in clause m and clause q of section 2 of the foreign exchange management act, 42 of . 1. subs. by act 22 of , s. 95, for section 14 w.e.f. . 2. ins. by act 6 of , s. 89, w.e.f. .

section 19. of the customs act : except as otherwise provided in any law for the time being in force, where goods consist of a set of articles, duty shall be calculated as follows: a articles liable to duty with reference to quantity shall be chargeable to that duty b articles liable to duty with reference to value shall, if they are liable to duty at the same rate, be chargeable to duty at that rate, and if they are liable to duty at different rates, be chargeable to duty at the highest of such rates c articles not liable to duty shall be chargeable to duty at the rate at which articles liable to duty with reference to value are liable under clause b: provided that, a accessories of, and spare parts or maintenance and repairing implements for, any article which satisfy the conditions specified in the rules made in this behalf shall be chargeable at the same rate of duty as that article b if the importer produces evidence to the satisfaction of the proper officer 1or the evidence is available regarding the value of any of the articles liable to different rates of duty, such article shall be chargeable to duty separately at the rate applicable to it. 1. ins. by act 8 of , s. 40 w.e.f. .

section 13. of the customs act : if any imported goods are pilfered after the unloading thereof and before the proper officer has made an order for clearance for home consumption or deposit in a warehouse, the importer shall not be liable to pay the duty leviable on such goods except where such goods are restored to the importer after pilferage.

section 15. of the customs act : 1 1 the rate of duty 2 and tariff valuation, if any, applicable to any imported goods, shall be the rate and valuation in force, a in the case of goods entered for home consumption under section 46, on the date on which a bill of entry in respect of such goods is presented under that section b in the case of goods cleared from a warehouse under section 68, on the date on which 3 a bill of entry for home consumption in respect of such goods is presented under that section c in the case of any other goods, on the date of payment of duty: 4 provided that if a bill of entry has been presented before the date of entry inwards of the vessel or the arrival of the aircraft 5 or the vehicle by which the goods are imported, the bill of entry shall be deemed to have been presented on the date of such entry inwards or the arrival, as the case may be. 2 the provisions of this section shall not apply to baggage and goods imported by post. 6 1. subs. by act 20 of , s. 3, for the rate of duty w.e.f. . 2. the words , rate of exchange omitted by act 25 of , s. 4 w.e.f. . 3. subs. by act 32 of , s. 106, for the goods are actually removed from the warehouse w.e.f. . 4. subs. by act 33 of , s. 59, for the proviso w.e.f. . 5. ins. by act 25 of , s. 80 w.e.f. . 6 subsection 3 omitted by act 25 of , s. 4 w.e.f. . earlier subsection 3 inserted by act 20 of , s. 3 w.e.f.

section 17. of the customs act : 117. assessment of duty.1 an importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, selfassess the duty, if any, leviable on such goods. 2 the proper officer may verify 2the entries made under section 46 or section 50 and the selfassessment of goods referred to in subsection 1 and for this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. 3provided that the selection of cases for verification shall primarily be on the basis of risk evaluation through appropriate selection criteria. 43 for 5the purposes of verification under subsection 2, the proper officer may require the importer, exporter or any other person to produce any document or information, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained and thereupon, the importer, exporter or such other person shall produce such document or furnish such information. 4 where it is found on verification, examination or testing of the goods or otherwise that the self assessment is not done correctly, the proper officer may, without prejudice to any other action which may be taken under this act, reassess the duty leviable on such goods. 5 where any reassessment done under subsection 4 is contrary to the selfassessment done by the importer or exporter 6 and in cases other than those where the importer or exporter, as the case may be, confirms his acceptance of the said reassessment in writing, the proper officer shall pass a speaking order on the reassessment, within fifteen days from the date of reassessment of the bill of entry or the shipping bill, as the case may be. 7 explanation.for the removal of doubts, it is hereby declared that in cases where an importer has entered any imported goods under section 46 or an exporter has entered any export goods under section 50 before the date on which the finance bill, receives the assent of the president, such imported goods or export goods shall continue to be governed by the provisions of section 17 as it stood immediately before the date on which such assent is received. 1. subs. by act 8 of , s. 38, for section 17 w.e.f. . 2. subs. by act 13 of , s. 60, for the selfassessment of such goods w.e.f. . 3. ins. by s. 60, ibid. w.e.f. . 4. subs. by act 7 of , s. 91, for subsection 3 w.e.f. . 5. subs. by act 13 of , s. 60, for verification of selfassessment w.e.f. . 6. the words regarding valuation of goods, classification, exemption or concessions of duty availed consequent to any notification issued therefor under this act omitted by s. 60, ibid. w.e.f. . 7. subsection 6 omitted by s. 60, ibid. w.e.f. .

section 18. of the customs act : 1 1 notwithstanding anything contained in this act but without prejudice to the provisions of section 46 2 and section 50, a where the importer or exporter is unable to make selfassessment under subsection 1 of section 17 and makes a request in writing to the proper officer for assessment or b where the proper officer deems it necessary to subject any imported goods or export goods to any chemical or other test or c where the importer or exporter has produced all the necessary documents and furnished full information but the proper officer deems it necessary to make further enquiry or d where necessary documents have not been produced or information has not been furnished and the proper officer deems it necessary to make further enquiry, the proper officer may direct that the duty leviable on such goods be assessed provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty as may be finally assessed or reassessed as the case may be, and the duty provisionally assessed. 2 1a where, pursuant to the provisional assessment under subsection 1, if any document or information is required by the proper officer for final assessment, the importer or exporter, as the case may be, shall submit such document or information within such time, and the proper officer shall finalise the provisional assessment within such time and in such manner, as may be prescribed. 2 when the duty leviable on such goods is assessed finally 3 or reassessed by the proper officer in accordance with the provisions of this act, then a in the case of goods cleared for home consumption or exportation, the amount paid shall be adjusted against the duty 4 finally assessed or reassessed, as the case may be, and if the amount so paid falls short of, or is in excess of 5 the duty 4 finally assessed or reassessed, as the case may be,, the importer or the exporter of the goods shall pay the deficiency or be entitled to a refund, as the case may be b in the case of warehoused goods, the proper officer may, where the duty 4 finally assessed or reassessed, as the case may be, is in excess of the duty provisionally assessed, require the importer to execute a bond, binding himself in a sum equal to twice the amount of the excess duty. 6 3 the importer or exporter shall be liable to pay interest, on any amount payable to the central government, consequent to the final assessment order 3 or reassessment order under subsection 2, at the rate fixed by the central government under section 7 28aa from the first day of the month in which the duty is provisionally assessed till the date of payment thereof. 4 subject the subsection 5, if any refundable amount referred to in clause a of subsection 2 is not refunded under that subsection within three months from the date of assessment, of duty finally 3 or reassessment of duty, as the case may be, there shall be paid an interest on such unrefunded amount at such rate fixed by the central government under section 27a till the date of refund of such amount. 5 the amount of duty refundable under subsection 2 and the interest under subsection 4, if any, shall, instead of being credited to the fund, be paid to the importer or the exporter, as the case may be, if such amount is relatable to a the duty and interest, if any, paid on such duty paid by the importer, or the exporter, as the case may be, if he had not passed on the incidence of such duty and interest, if any, paid on such duty to any other person b the duty and interest, if any, paid on such duty on imports made by an individual for his personal use c the duty and interest, if any, paid on such duty borne by the buyer, if he had not passed on the incidence of such duty and interest, if any, paid on such duty to any other person d the export duty as specified in section 26 e drawback of duty payable under sections 74 and 75. 1. subs. by act 8 of , s. 39, for subsection 1 w.e.f. . 2. ins. by act 13 of , s. 61 w.e.f. . 3. ins. by act 8 of , s. 39 w.e.f. . 4. subs. by s. 39, ibid., for finally assessed w.e.f. . 5. subs. by act 56 of , s. 3 and the second schedule, for the finally assessed w.e.f. . 6. ins. by act 29 of , s. 21 w.e.f. . 7. subs. by act 13 of , s. 61, for 28ab w.e.f. .

section 24. of the customs act : the central government may make rules for permitting at the request of the owner the denaturing or mutilation of imported goods which are ordinarily used for more than one purpose so as to render them unfit for one or more of such purposes and where any goods are so denatured or mutilated they shall be chargeable to duty at such rate as would be applicable if the goods had been imported in the denatured or mutilated form.

section 20. of the customs act : 120. reimportation of goods.if goods are imported into india after exportation therefrom, such goods shall be liable to duty and be subject to all the conditions and restrictions, if any, to which goods of the like kind and value are liable or subject, on the importation thereof: 2 1. subs. by act 32 of , s. 60, for section 20 w.e.f. . 2. the provisos and the explanations omitted by act 22 of , s. 53 w.e.f.

section 25b. of the customs act : 125b. outward processing of goods.notwithstanding anything contained in section 20, where the central government is satisfied that it is necessary in the public interest so to do, it may, by notification, exempt such of the goods which are reimported after being exported for the purposes of repair, further processing or manufacture, as may be specified therein, from the whole or any part of duty of customs leviable thereon, subject to the following conditions, namely: a the goods shall be reimported into india after such repair, further processing or manufacture, as the case may be, within a period of one year from the date on which the order permitting clearance for export is made b the exported goods are identifiable in the reimported goods and c such other conditions as may be specified in that notification. 1. ins. by act 13 of , s. 62 w.e.f. .

section 21. of the customs act : all goods, derelict, jetsam, flotsam and wreck brought or coming into india, shall be dealt with as if they were imported into india, unless it be shown to the satisfaction of the proper officer that they are entitled to be admitted dutyfree under this act.

section 22. of the customs act : 1 where it is shown to the satisfaction of the 1assistant commissioner of customs or deputy commissioner of customs a that any imported goods had been damaged or had deteriorated at any time before or during the unloading of the goods in india or b that any imported goods, other than warehoused goods, had been damaged at any time after the unloading thereof in india but before their examination under section 17, on account of any accident not due to any wilful act, negligence or default of the importer, his employee or agent or c that any warehoused goods had been damaged at any time before clearance for home consumption on account of any accident not due to any wilful act, negligence or default of the owner, his employee or agent, such goods shall be chargeable to duty in accordance with the provisions of subsection 2. 2 the duty to be charged on the goods referred to in subsection 1 shall bear the same proportion to the duty chargeable on the goods before the damage or deterioration which the value of the damaged or deteriorated goods bears to the value of the goods before the damage or deterioration. 3 for the purposes of this section, the value of damaged or deteriorated goods may be ascertained by either of the following methods at the option of the owner: a the value of such goods may be ascertained by the proper officer, or b such goods may be sold by the proper officer by public auction or by tender, or with the consent of the owner in any other manner, and the gross sale proceeds shall be deemed to be the value of such goods. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 23. of the customs act : 1 1without prejudice to the provisions of section 13, where it is shown to the satisfaction of the 2assistant commissioner of customs or deputy commissioner of customs that any imported goods have been lost 3 otherwise than as a result of pilferage or destroyed, at any time before clearance for home consumption, the 2assistant commissioner of customs or deputy commissioner of customs shall remit the duty on such goods. 42 the owner of any imported goods may, at any time before an order for clearance of goods for home consumption under section 47 or an order for permitting the deposit of goods in a warehouse under section 60 has been made, relinquish his title to the goods and thereupon he shall not be liable to pay the duty thereon 5provided that the owner of any such imported goods shall not be allowed to relinquish his title to such goods regarding which an offence appears to have been committed under this act or any other law for the time being in force. 1. subs. by act 11 of , s. 48, for where it is shown w.e.f. . 2. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 3. ins. by act 11 of , s. 48 w.e.f. . 4. subs. by act 32 of , s. 60, for subsection 2 w.e.f. . 5. the proviso ins. by act 21 of , s. 58 w.e.f. .

section 26a. of the customs act : 126a. refund of import duty in certain cases.1 where on the importation of any goods capable of being easily identified as such imported goods, any duty has been paid on clearance of such goods for home consumption, such duty shall be refunded to the person by whom or on whose behalf it was paid, if a the goods are found to be defective or otherwise not in conformity with the specifications agreed upon between the importer and the supplier of goods: provided that the goods have not been worked, repaired or used after importation except where such use was indispensable to discover the defects or nonconformity with the specifications b the goods are identified to the satisfaction of the assistant commissioner of customs or deputy commissioner of customs as the goods which were imported c the importer does not claim drawback under any other provisions of this act and d i the goods are exported or ii the importer relinquishes his title to the goods and abandons them to customs or iii such goods are destroyed or rendered commercially valueless in the presence of the proper officer, in such manner as may be prescribed and within a period not exceeding thirty days from the date on which the proper officer makes an order for the clearance of imported goods for home consumption under section 47: provided that the period of thirty days may, on sufficient cause being shown, be extended by the 2 principal commissioner of customs or commissioner of customs for a period not exceeding three months: provided further that nothing contained in this section shall apply to the goods regarding which an offence appears to have been committed under this act or any other law for the time being in force. 2 an application for refund of duty shall be made before the expiry of six months from the relevant date in such form and in such manner as may be prescribed. explanation.for the purposes of this subsection, relevant date means, a in cases where the goods are exported out of india, the date on which the proper officer makes an order permitting clearance and loading of goods for exportation under section 51 b in cases where the title to the goods is relinquished, the date of such relinquishment c in cases where the goods are destroyed or rendered commercially valueless, the date of such destruction or rendering of goods commercially valueless. 3 no refund under subsection 1 shall be allowed in respect of perishable goods and goods which have exceeded their shelf life or their recommended storagebeforeuse period. 4 the board may, by notification in the official gazette, specify any other condition subject to which the refund under subsection 1 may be allowed. 1. ins. by act 33 of , s. 85 w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 25. of the customs act : 1 if the central government is satisfied that it is necessary in the public interest so to do, it may, by notification in the official gazette, exempt generally either absolutely or subject to such conditions to be fulfilled before or after clearance as may be specified in the notification goods of any specified description from the whole or any part of duty of customs leviable thereon. 1 2 if the central government is satisfied that it is necessary in the public interest so to do, it may, may, by special order in each case, exempt from the payment of duty, under circumstances of an exceptional nature to be stated in such order, any goods on which duty is leviable. 2 2a the central government may, if it considers it necessary or expedient so to do for the purpose purpose of clarifying the scope or applicability of any notification issued under subsection 1 or order issued under subsection 2, insert an explanation in such notification or order, as the case may be, by notification in the official gazette, at any time within one year of issue of the notification under subsection 1 or order under subsection 2, and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be. 3 3 an exemption under subsection 1 or subsection 2 in respect of any goods from any part of the duty of customs leviable thereon the duty of customs leviable thereon being hereinafter referred to as the statutory duty may be granted by providing for the levy of a duty on such goods at a rate expressed in a form or method different from the form or method in which the statutory duty is leviable and any exemption granted in relation to any goods in the manner provided in this subsection shall have effect subject to the condition that the duty of customs chargeable on such goods shall in no case exceed the statutory duty. explanation.form or method, in relation to a rate of duty of customs, means the basis, namely, valuation, weight, number, length, area, volume or other measure with reference to which the duty is leviable. 4 4 every notification issued under subsection 1 or subsection 2a shall, unless otherwise provided, come into force on the date of its issue by the central government for publication in the official gazette. 54a where any exemption is granted subject to any condition under subsection 1, such exemption shall, unless otherwise specified or varied or rescinded, be valid up to 31st day of march falling immediately after two years from the date of such grant or variation: provided that in respect of any such exemption in force as on the date on which the finance bill, receives the assent of the president, the said period of two years shall be reckoned from the 1st day of february, . 6 7 6 notwithstanding anything contained in this act, no duty shall be collected if the amount of duty leviable is equal to, or less than, one hundred rupees. 8 7 the mineral oils including petroleum and natural gas extracted or produced in the continental continental shelf of india or exclusive economic zone of india as referred to in section 6 and section 7, respectively, of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of , and imported prior to the 7th day of february, shall be deemed to be and shall always be deemed to have been exempted from the whole of the duties of customs leviable on such mineral oils and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, no suit or other proceedings in respect of such mineral oils shall be maintained or continued in any court, tribunal or other authority. 8 notwithstanding the exemption provided under subsection 7, no refund of duties of customs paid in respect of the mineral oils specified therein shall be made. 1. subs. by act 32 of , s. 107, for subsection 2 w.e.f. . 2. ins. by act 20 of , s. 119 w.e.f. . 3. ins. by act 11 of , s. 49 w.e.f. . 4. subs. by act 28 of , s. 119, for subsection 4 w.e.f. . 5. ins. by act 13 of , s. 91 w.e.f. . 6. subsection 5 omitted by, s. 119, ibid. w.e.f. . 7. ins. by act 32 of , s. 107, w.e.f. . 8. ins. by act 25 of , s. 81, w.e.f. .

section 25a. of the customs act : 125a. inward processing of goods.where the central government is satisfied that it is necessary in the public interest so to do, it may, by notification, exempt such of the goods which are imported for the purposes of repair, further processing or manufacture, as may be specified therein, from the whole or any part of duty of customs leviable thereon, subject to the following conditions, namely: a the goods shall be reexported after such repair, further processing or manufacture, as the case may be, within a period of one year from the date on which the order for clearance of the imported goods is made b the imported goods are identifiable in the export goods and c such other conditions as may be specified in that notification. 1. ins. by act 13 of , s. 62 w.e.f. .

section 28a. of the customs act : 128a. power not to recover duties not levied or shortlevied as a result of general practice.21 notwithstanding anything contained in this act, if the central government is satisfied a that a practice was, or is, generally prevalent regarding levy of duty including nonlevy thereof on any goods imported into, or exported from, india and b that such goods were, or are, liable i to duty, in cases where according to the said practice the duty was not, or is not being, levied, or ii to a higher amount of duty than what was, or is being, levied, according to the said practice, then, the central government may, by notification in the official gazette, direct that the whole of the duty payable on such goods, or, as the case may be, the duty in excess of that payable on such goods, but for the said practice, shall not be required to be paid in respect of the goods on which the duty was not, or is not being, levied, or was, or is being, shortlevied, in accordance with the said practice. 32 where any notification under subsection 1 in respect of any goods has been issued, the whole of the duty paid on such goods, or, as the case may be, the duty paid in excess of that payable on such goods, which would not have been paid if the said notification had been in force, shall be dealt with in accordance with the provisions of subsection 2 of section 27: provided that the person claiming the refund of such duty or, as the case may be, excess duty, makes an application in this behalf to the 4assistant commissioner of customs or deputy commissioner of customs, in the form referred to in subsection 1 of section 27, before the expiry of six months from the date of issue of the said notification. 1. ins. by act 25 of s. 7 w.e.f. . 2. section 28a renumbered as subsection 1 thereof, by act 29 of , s. 3 w.e.f. . 3. subs. by act 40 of , s. 11, for subsection 2 w.e.f. . 4. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 26. of the customs act : where on the exportation of any goods any duty has been paid, such duty shall be refunded to the person by whom or on whose behalf it was paid, if a the goods are returned to such person otherwise than by way of resale b the goods are reimported within one year from the date of exportation and c an application for refund of such duty is made before the expiry of six months from the date on which the proper officer makes an order for the clearance of the goods.

section 28b. of the customs act : 128b. duties collected from the buyer to be deposited with the central government.1 notwithstanding anything to the contrary contained in any order or direction of the appellate tribunal 2, national tax tribunal or any court or in any other provision of this act or the regulations made thereunder, 3every person who is liable to pay duty under this act and has collected any amount in excess of the duty assessed or determined or paid on any goods under this act from the buyer of such goods in any manner as representing duty of customs, shall forthwith pay the amount so collected to the credit of the central government. 41a every person who has collected any amount in excess of the duty assessed or determined or paid on any goods or has collected any amount as representing duty of customs on any goods which are wholly exempt or are chargeable to nil rate of duty from any person in any manner, shall forthwith pay the amount so collected to the credit of the central government. 52 where any amount is required to be paid to the credit of the central government under 6subsection 1 or subsection 1a, as the case may be, and which has not been so paid, the proper officer may serve on the person liable to pay such amount, a notice requiring him to show cause why he should not pay the amount, as specified in the notice to the credit of the central government. 3 the proper officer shall, after considering the representation, if any, made by the person on whom the notice is served under subsection 2, determine the amount due from such person not being in excess of the amount specified in the notice and thereupon such person shall pay the amount so determined. 4 the amount paid to the credit of the central government under 7subsection 1 or subsection 1a or subsection 3 as the case may be, shall be adjusted against the duty payable by the person on finalisation of assessment or any other proceeding for determination of the duty relating to the goods referred to in 8subsection 1 and subsection 1a. 5 where any surplus is left after the adjustment made under subsection 4, the amount of such surplus shall either be credited to the fund or, as the case may be, refunded to the person who has borne the incidence of such amount, in accordance with the provisions of section 27 and such person may make an application under that section in such cases within six months from the date of the public notice to be issued by the assistant commissioner of customs for the refund of such surplus amount. 1. ins. by act 40 of , s. 12 w.e.f. . 2. ins. by act 49 of , s. 30 and the schedule, part vi w.e.f. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india. 3. subs. by act 10 of , s. 82 for every person who has collected any amount from the buyer of any goods w.e.f. . 4. ins. by act 18 of , s. 68 w.e.f. 5. subs. by act 10 of , s. 82, for subsection 2 w.e.f. . 6. subs. act 18 of , s. 68, for subsection 1 w.e.f. . 7. subs. by s. 68, ibid., for subsection 1 or subsection 3 w.e.f. 8. subs. by s. 68, ibid., for subsection 1 w.e.f. .

section 27. of the customs act : 127. claim for refund of duty.21 any person claiming refund of any duty or interest, a paid by him or b borne by him, may make an application in such form and manner as may be prescribed for such refund to the assistant commissioner of customs or deputy commissioner of customs, before the expiry of one year, from the date of payment of such duty or interest: provided that where an application for refund has been made before the date on which the finance bill, receives the assent of the president, such application shall be deemed to have been made under subsection 1, as it stood before the date on which the finance bill, receives the assent of the president and the same shall be dealt with in accordance with the provisions of subsection 2: provided further that the limitation of one year shall not apply where any duty or interest has been paid under protest. 3provided also that where the amount of refund claimed is less than rupees one hundred, the same shall not be refunded. explanation.for the purposes of this subsection, the date of payment of duty or interest in relation to a person, other than the importer, shall be construed as the date of purchase of goods by such person. 1a the application under subsection 1 shall be accompanied by such documentary or other evidence including the documents referred to in section 28c as the applicant may furnish to establish that the amount of duty or interest, in relation to which such refund is claimed was collected from, or paid by him and the incidence of such duty or interest, has not been passed on by him to any other person. 1b save as otherwise provided in this section, the period of limitation of one year shall be computed in the following manner, namely: a in the case of goods which are exempt from payment of duty by a special order issued under subsection 2 of section 25, the limitation of one year shall be computed from the date of issue of such order b where the duty becomes refundable as a consequence of any judgment, decree, order or direction of the appellate authority, appellate tribunal or any court, the limitation of one year shall be computed from the date of such judgment, decree, order or direction c where any duty is paid provisionally under section 18, the limitation of one year shall be computed from the date of adjustment of duty after the final assessment thereof or in case of reassessment, from the date of such reassessment. 2 if, on receipt of any such application, the 4assistant commissioner of customs or deputy commissioner of customs is satisfied that the whole or any part of the 5duty and interest, if any, paid on such duty paid by the applicant is refundable, he may make an order accordingly and the amount so determined shall be credited to the fund: provided that the amount of 5duty and interest, if any, paid on such duty as determined by the 4assistant commissioner of customs or deputy commissioner of customs under the foregoing provisions of this subsection shall, instead of being credited to the fund, be paid to the applicant, if such amount is relatable to a the 5duty and interest, if any, paid on such duty paid by the importer, 6or the exporter, as the case may be if he had not passed on the incidence of such 5duty and interest, if any, paid on such duty to any other person b the 5duty and interest, if any, paid on such duty on imports made by an individual for his personal use c the 7duty and interest, if any, paid on such duty borne by the buyer, if he had not passed on the incidence of such 7duty and interest, if any, paid on such duty to any other person d the export duty as specified in section 26 e drawback of duty payable under sections 74 and 75 f the 7duty and interest, if any, paid on such duty borne by any other such class of applicants as the central government may, by notification in the official gazette, specify 8g the duty paid in excess by the importer before an order permitting clearance of goods for home consumption is made where i such excess payment of duty is evident from the bill of entry in the case of selfassessed bill of entry or ii the duty actually payable is reflected in the reassessed bill of entry in the case of reassessment: provided further that no notification under clause f of the first proviso shall be issued unless in the opinion of the central government the incidence of 7duty and interest, if any, paid on such duty has not been passed on by the persons concerned to any other person. 3 notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the appellate tribunal, 9national tax tribunal or any court or in any other provision of this act or the regulations made thereunder or any other law for the time being in force, no refund shall be made except as provided in subsection 2. 4 every notification under clause f of the first proviso to subsection 2 shall be laid before each house of parliament, if it is sitting, as soon as may be after the issue of the notification, and, if it is not sitting, within seven days of its reassembly, and the central government shall seek the approval of parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house of the people and if parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder. 5 for the removal of doubts, it is hereby declared that any notification issued under clause f of the first proviso to subsection 2, including any such notification approved or modified under subsection 4, may be rescinded by the central government at any time by notification in the official gazette. 1. subs. by act 40 of , s. 10, for section 27 w.e.f. . 2. subs. by act 8 of , s. 41, for subsection 1 w.e.f. . 3. ins. by act 17 of , s. 65 w.e.f. . 4. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 5. subs. by act 55 of , s. 2, for duty w.e.f. . 6. ins. by act 32 of , s. 108, w.e.f. . 7. subs. by act 55 of , s. 2, for duty w.e.f. . 8. ins. by act 7 of , s. 92 w.e.f. . 9. ins. by act 49 of , s. 30 and the schedule, part vi w.e.f. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india.

section 27a. of the customs act : 127a. interest on delayed refunds.if any duty ordered to be refunded under subsection 2 of section 27 to an applicant is not refunded within three months from the date of receipt of application under subsection 1 of that section, there shall be paid to that applicant interest at such rate, 2 not below five per cent. and not exceeding thirty per cent. per annum as is for the time being fixed 3by the central government by notification in the official gazette, on such duty from the date immediately after the expiry of three months from the date of receipt of such application till the date of refund of such duty: provided that where any duty, ordered to be refunded under subsection 2 of section 27 in respect of an application under subsection 1 of that section made before the date on which the finance bill, receives the assent of the president, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refund of such duty. explanation.where any order of refund is made by the commissioner appeals, appellate tribunal 4, national tax tribunal or any court against an order of the 5assistant commissioner of customs or deputy commissioner of customs under subsection 2 of section 27, the order passed by the commissioner appeals, appellate tribunal 4, national tax tribunal tribunal or as the case may be, by the court shall be deemed to be an order passed under that subsection for the purposes of this section. 1. ins. by act 22 of , s. 55 w.e.f. . 2. subs. by act 14 of , s. 102, for not below ten per cent. w.e.f. . 3. subs. by act 10 of , s. 78, for by the board w.e.f. . 4. ins. by act 49 of , s. 30 and the schedule, part vi w.e.f. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india. 5. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 28bb. time limit for completion of certain actions. of the customs act : 128bb. time limit for completion of certain actions.1 any inquiry or investigation under this act, culminating in the issuance of a notice under subsection 1 or subsection 4 of section 28 shall be completed by issuing such notice, within a period of two years from the date of initiation of audit, search, seizure or summons, as the case may be: provided that the principal commissioner of customs or the commissioner of customs may, on sufficient cause being shown and for reasons to be recorded in writing, extend the said period to a further period of one year. 2 for computing the period under subsection 1, the period during which stay was granted by an order of a court or tribunal, or the period for seeking information from an overseas authority through a legal process, shall be excluded. explanation.for the removal of doubts, it is hereby declared that nothing contained in this section shall apply to any such proceeding initiated before the date on which the finance bill, receives the assent of the president. 1. ins. by act 13 of , s. 92 w.e.f. .

section 28. of the customs act : 128. recovery of 2duties not levied or not paid or shortlevied or shortpaid or erroneously refunded.1 where any 3duty has not been levied or not paid or shortlevied or shortpaid or erroneously refunded, or any interest payable has not been paid, partpaid or erroneously refunded, for any reason other than the reasons of collusion or any wilful misstatement or suppression of facts, a the proper officer shall, within 4two years from the relevant date, serve notice on the person chargeable with the duty or interest which has not been so levied 5or paid or which has been shortlevied or shortpaid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice: 6provided that before issuing notice, the proper officer shall hold prenotice consultation with the the person chargeable with duty or interest in such manner as may be prescribed b the person chargeable with the duty or interest, may pay before service of notice under clause a on the basis of, i his own ascertainment of such duty or ii the duty ascertained by the proper officer, the amount of duty along with the interest payable thereon under section 28aa or the amount of interest which has not been so paid or partpaid. 7provided that the proper officer shall not serve such show cause notice, where the amount involved is less than rupees one hundred. 2 the person who has paid the duty along with interest or amount of interest under clause b of subsection 1 shall inform the proper officer of such payment in writing, who, on receipt of such information, shall not serve any notice under clause a of that subsection in respect of the duty or interest so paid or any penalty leviable under the provisions of this act or the rules made thereunder in respect of such duty or interest: 8provided that where notice under clause a of subsection 1 has been served and the proper officer is of the opinion that the amount of duty along with interest payable thereon under section 28aa or the amount of interest, as the case may be, as specified in the notice, has been paid in full within thirty days from the date of receipt of the notice, no penalty shall be levied and the proceedings against such person or other persons to whom the said notice is served under clause a of subsection 1 shall be deemed to be concluded. 3 where the proper officer is of the opinion that the amount paid under clause b of subsection 1 falls short of the amount actually payable, then, he shall proceed to issue the notice as provided for in clause a of that subsection in respect of such amount which falls short of the amount actually payable in the manner specified under that subsection and the period of 9two years shall be computed from the date of receipt of information under subsection 2. 4 where any duty has not been 10levied or not paid or has been shortlevied or shortpaid or erroneously refunded, or interest payable has not been paid, partpaid or erroneously refunded, by reason of, a collusion or b any wilful misstatement or c suppression of facts, by the importer or the exporter or the agent or employee of the importer or exporter, the proper officer shall, within five years from the relevant date, serve notice on the person chargeable with duty or interest which has not been 11so levied or not paid or which has been so shortlevied or shortpaid or to whom the the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice. 5 where any 12duty has not been levied or not paid or has been shortlevied or short paid or the interest has not been charged or has been partpaid or the duty or interest has been erroneously refunded by reason of collusion or any wilful misstatement or suppression of facts by the importer or the exporter or the agent or the employee of the importer or the exporter, to whom a notice has been served under sub section 4 by the proper officer, such person may pay the duty in full or in part, as may be accepted by him, and the interest payable thereon under section 28aa and the penalty equal to 13fifteen per cent. of the duty specified in the notice or the duty so accepted by that person, within thirty days of the receipt of the notice and inform the proper officer of such payment in writing. 6 where the importer or the exporter or the agent or the employee of the importer or the exporter, as the case may be, has paid duty with interest and penalty under subsection 5, the proper officer shall determine the amount of duty or interest and on determination, if the proper officer is of the opinion i that the duty with interest and penalty has been paid in full, then, the proceedings in respect of such person or other persons to whom the notice is served under subsection 1 or sub section 4, shall, without prejudice to the provisions of sections 135, 135a and 140 be deemed to be conclusive as to the matters stated therein or ii that the duty with interest and penalty that has been paid falls short of the amount actually payable, then, the proper officer shall proceed to issue the notice as provided for in clause a of subsection 1 in respect of such amount which falls short of the amount actually payable in the manner specified under that subsection and the period of 14two years shall be computed from the date of receipt of information under subsection 5. 7 in computing the period of 14two years referred to in clause a of subsection 1 or five years referred to in subsection 4, the period during which there was any stay by an order of a court or tribunal in respect of payment of such duty or interest shall be excluded. 157a save as otherwise provided in clause a of subsection 1 or in subsection 4, the proper officer may issue a supplementary notice under such circumstances and in such manner as may be prescribed, and the provisions of this section shall apply to such supplementary notice as if it was issued under the said subsection 1 or subsection 4. 8 the proper officer shall, after allowing the concerned person an opportunity of being heard and after considering the representation, if any, made by such person, determine the amount of duty or interest due from such person not being in excess of the amount specified in the notice. 9 the proper officer shall determine the amount of duty or interest under subsection 8, a within six months from the date of notice, 16 in respect of cases falling under clause a of sub section 1 b within one year from the date of notice, 16 in respect of cases falling under subsection 4. 15provided that where the proper officer fails to so determine within the specified period, any officer senior in rank to the proper officer may, having regard to the circumstances under which the proper officer was prevented from determining the amount of duty or interest under subsection 8, extend the period specified in clause a to a further period of six months and the period specified in clause b to a further period of one year: provided further that where the proper officer fails to determine within such extended period, such proceeding shall be deemed to have concluded as if no notice had been issued 159a notwithstanding anything contained in subsection 9, where the proper officer is unable to determine the amount of duty or interest under subsection 8 for the reason that a an appeal in a similar matter of the same person or any other person is pending before the appellate tribunal or the high court or the supreme court or b an interim order of stay has been issued by the appellate tribunal or the high court or the supreme court or c the board has, in a similar matter, issued specific direction or order to keep such matter pending or d the settlement commission has admitted an application made by the person concerned, the proper officer shall inform the person concerned the reason for nondetermination of the amount of duty or interest under subsection 8 and in such case, the time specified in subsection 9 shall apply not from the date of notice, but from the date when such reason ceases to exist. 10 where an order determining the duty is passed by the proper officer under this section, the person liable to pay the said duty shall pay the amount so determined along with the interest due on such amount whether or not the amount of interest is specified separately. 1710a notwithstanding anything contained in this act, where an order for refund under subsection 2 of section 27 is modified in any appeal and the amount of refund so determined is less than the amount refunded under said subsection, the excess amount so refunded shall be recovered along with interest thereon at the rate fixed by the central government under section 28aa, from the date of refund up to the date of recovery, as a sum due to the government. 10b a notice issued under subsection 4 shall be deemed to have been issued under subsection 1, if such notice demanding duty is held not sustainable in any proceeding under this act, including at any stage of appeal, for the reason that the charges of collusion or any wilful misstatement or suppression of facts to evade duty has not been established against the person to whom such notice was issued and the amount of duty and the interest thereon shall be computed accordingly. 1811 notwithstanding anything to the contrary contained in any judgment, decree or order of any court of law, tribunal or other authority, all persons appointed as officers of customs under subsection 1 of section 4 before the 6th day of july, shall be deemed to have and always had the power of assessment under section 17 and shall be deemed to have been and always had been the proper officers for the purposes of this section. explanation 1.for the purposes of this section, relevant date means, a in a case where duty is 19not levied or not paid or shortlevied or shortpaid, or interest is not charged, the date on which the proper officer makes an order for the clearance of goods b in a case where duty is provisionally assessed under section 18, the date of adjustment of duty after the final assessment thereof or reassessment, as the case may be c in a case where duty or interest has been erroneously refunded, the date of refund d in any other case, the date of payment of duty or interest. explanation 2.for the removal of doubts, it is hereby declared that any nonlevy, shortlevy or erroneous refund before the date on which the finance bill, receives the assent of the president, shall continue to be governed by the provisions of section 28 as it stood immediately before the date on which such assent is received. 20explanation 3.for the removal of doubts, it is hereby declared that the proceedings in respect of any case of nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund where show cause notice has been issued under subsection 1 or subsection 4, as the case may be, but an order determining duty under subsection 8 has not been passed before the date on which the finance bill, receives the assent of the president, shall, without prejudice to the provisions of sections 135, 135a and 140, as may be applicable, be deemed to be concluded, if the payment of duty, interest and penalty under the proviso to subsection 2 or under subsection 5, as the case may be, is made in full within thirty days from the date on which such assent is received. 21explanation 4. for the removal of doubts, it is hereby declared that notwithstanding anything to the contrary contained in any judgment, decree or order of the appellate tribunal or any court or in any other provision of this act or the rules or regulations made thereunder, or in any other law for the time being in force, in cases where notice has been issued for nonlevy, shortlevy, nonpayment, shortpayment or erroneous refund, prior to the 29th day of march, , being the date of commencement of the finance act, 13 of , such notice shall continue to be governed by the provisions of section 28 as it stood immediately before such date. 1. subs. by act 8 of , s. 42, for section 28 w.e.f. . 2. subs. by act 28 of , s. 120, for duties not levied or short levied w.e.f. . 3. subs. by s. 120, ibid., for duty has not been levied or has been shortlevied w.e.f. . 4. subs. by s. 120, ibid., for one year w.e.f. . 5. ins. by s. 120, ibid. w.e.f. . 6. ins. by act 13 of , s. 63 w.e.f. . 7. the proviso ins. by act 17 of , s. 66 w.e.f. . 8. ins. by act 20 of , s. 82 w.e.f. 9. subs. by act 28 of , s. 120, for one year w.e.f. . 10. subs. by s. 120, ibid., for levied or has been short levied w.e.f. . 11. subs. by s. 120, ibid., for so levied w.e.f. . 12. subs by s. 120, ibid., for duty has not been levied or has been short levied w.e.f. . 13. subs. by act 20 of , s. 82, for twentyfive per cent. w.e.f. . 14. subs. by act 28 of , s. 120 for one year w.e.f. . 15. ins. by act 13 of , s. 63 w.e.f. . 16. the words where it is possible to do so omitted by s. 63, ibid. w.e.f. . 17. ins. by act 13 of , s. 63 w.e.f. . 18. ins. by act 14 of , s. 2 w.e.f. . 19. subs. by act 28 of , s. 120, for not levied w.e.f. . 20. ins. by act 20 of , s. 82 w.e.f. . 21. subs. by act 12 of , s. 108, for explanation 4 w.e.f. .

section 28aa. of the customs act : 128aa. interest on delayed payment of duty1 notwithstanding anything contained in any judgment, decree, order or direction of any court, appellate tribunal or any authority or in any other provision of this act or the rules made thereunder, the person, who is liable to pay duty in accordance with the provisions of section 28, shall, in addition to such duty, be liable to pay interest, if any, at the rate fixed under subsection 2, whether such payment is made voluntarily or after determination of the duty under that section. 2 interest at such rate not below ten per cent. and not exceeding thirtysix per cent. per annum, as the central government may, by notification in the official gazette, fix, shall be paid by the person liable to pay duty in terms of section 28 and such interest shall be calculated from the first day of the month succeeding the month in which the duty ought to have been paid or from the date of such erroneous refund, as the case may be, up to the date of payment of such duty. 3 notwithstanding anything contained in subsection 1, no interest shall be payable where, a the duty becomes payable consequent to the issue of an order, instruction or direction by the board under section 151a and b such amount of duty is voluntarily paid in full, within fortyfive days from the date of issue of such order, instruction or direction, without reserving any right to appeal against the said payment at any subsequent stage of such payment. 1. subs. by act 8 of , s. 43, for section 28aa and section 28ab w.e.f. .

section 28d. of the customs act : 128d. presumption that incidence of duty has been passed on to the buyer.every person who has paid the duty on any goods under this act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such duty to the buyer of such goods. 1. ins. by act 40 of , s. 13 w.e.f. .

section 28aaa. of the customs act : 128aaa. recovery of duties in certain cases.1 where an instrument issued to a person has been obtained by him by means of a collusion or b wilful misstatement or c suppression of facts, for the purposes of this act or the foreign trade development and regulation act, 22 of , 2or any other law, or any scheme of the central government, for the time being in force, by such person or his agent or employee and such instrument is utilised under the provisions of this act or the rules 3or regulations made or notifications issued thereunder, by a person other than the person to whom the instrument was issued, the duty relatable to such utilisation of instrument shall be deemed never to have been exempted or debited and such duty shall be recovered from the person to whom the said instrument was issued: provided that the action relating to recovery of duty under this section against the person to whom the instrument was issued shall be without prejudice to an action against the importer under section 28. explanation 1. for the purposes of this subsection, instrument means any scrip or authorisation or licence or certificate or such other document, by whatever name called, issued under the foreign trade development and regulation act, 22 of , 4or duty credit issued under section 51b, with respect to a reward or incentive scheme or duty exemption scheme or duty remission scheme or such other scheme bestowing financial or fiscal benefits, which may be utilised under the provisions of this act or the rules made or notifications issued thereunder. . explanation 2.the provisions of this subsection shall apply to any utilisation of instrument so obtained by the person referred to in this subsection on or after the date on which the finance bill, receives the assent of the president, whether or not such instrument is issued to him prior to the date of the assent. 2 where the duty becomes recoverable in accordance with the provisions of subsection 1, the person from whom such duty is to be recovered, shall, in addition to such duty, be liable to pay interest at the rate fixed by the central government under section 28aa and the amount of such interest shall be calculated for the period beginning from the date of utilisation of the instrument till the date of recovery of such duty. 3 for the purposes of recovery under subsection 2, the proper officer shall serve notice on the person to whom the instrument was issued requiring him to show cause, within a period of thirty days from the date of receipt of the notice, as to why the amount specified in the notice excluding the interest should not be recovered from him, and after giving that person an opportunity of being heard, and after considering the representation, if any, made by such person, determine the amount of duty or interest or both to be recovered from such person, not being in excess of the amount specified in the notice, and pass order to recover the amount of duty or interest or both and the person to whom the instrument was issued shall repay the amount so specified in the notice within a period of thirty days from the date of receipt of the said order, along with the interest due on such amount, whether or not the amount of interest is specified separately. 4 where an order determining the duty has been passed under section 28, no order to recover that duty shall be passed under this section. 5 where the person referred to in subsection 3 fails to repay the amount within the period of thirty days specified therein, it shall be recovered in the manner laid down in subsection 1 of section 142. 1. ins. by act 23 of , s. 122 w.e.f. . 2. subs. by act 12 of , s. 109, for by such person w.e.f. . 3. ins. by s. 109., ibid w.e.f. . 4. subs. by act 12 of , s. 109, for with respect to w.e.f. .

section 28f. of the customs act : 1 28f. authority for advance rulings.2: provided that the member from the indian revenue service customs and central excise, who is qualified to be a member of the board, shall be the revenue member of the 3 appellate authority for the purposes of this act. 2 on and from the date on which the finance bill, receives the assent of the president, every application and proceeding pending before the erstwhile authority for advance rulings central excise, customs and service tax shall stand transferred to the authority from the stage at which such application or proceeding stood as on the date of such assent. 4 3 on and from the date of appointment of the customs authority for advance rulings, every application and proceeding pending before the erstwhile authority for advance rulings shall stand transferred to the authority from the stage at which such application or proceeding stood as on the date of such appointment. 1. subs. by act 7 of , s. 94, for section 28f w.e.f. . 2. subsection 1 omitted by act 33 of , s. 12 w.e.f. . 3. subs. by s. 66, ibid., for authority w.e.f. . 4. ins. by s. 66, ibid w.e.f. .

section 28ba. of the customs act : 128ba. provisional attachment to protect revenue in certain cases.1 where, during the pendency of any proceeding under section 28 2 or section 28aaa or section 28b, the proper officer is of of the opinion that for the purpose of protecting the interests of revenue, it is necessary so to do, he may, with the previous approval of the 3 principal commissioner of customs or commissioner of customs, by by order in writing, attach provisionally any property belonging to the person on whom notice is served under 4 subsection 1 or subsection 4 of section 28 5 or subsection 3 of section 28aaa or subsection 2 of section 28b, as the case may be, in accordance with the rules made in this behalf under section 142. 2 every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under subsection 1: provided that the 6principal chief commissioner of customs or chief commissioner of customs may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so, however, that the total period of extension shall not in any case exceed two years: provided further that where an application for settlement of case under section 127b is made to the settlement commission, the period commencing from the date on which such application is made and ending with the date on which an order under subsection 1 of section 127c is made shall be excluded from the period specified in the preceding proviso. 1. ins. by act 29 of , s. 23 w.e.f. . 2. subs. by act 23 of , s. 123, for or section 28b w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 4. subs. by act 17 of , s. 67, for subsection 1 of section 28 w.e.f. . 5. subs. by act 23 of , s. 123, for or subsection 2 of section 28b w.e.f. . 6. subs. by act 25 of , section 78, for chief commissioner of customs w.e.f.

section 28c. of the customs act : 128c. price of goods to indicate the amount of duty paid thereon.notwithstanding anything contained in this act or any other law for the time being in force, every person who is liable to pay duty on any goods shall, at the time of clearance of the goods, prominently indicate in all the documents relating to assessment, sales invoice, and other like documents, the amount of such duty which will form part of the price at which such goods are to be sold. 1. ins. by act 40 of , s. 13 w.e.f. .

section 28i. of the customs act : 1 on receipt of an application, the authority shall cause a copy thereof to be forwarded to the 1 principal commissioner of customs or commissioner of customs and, if necessary, call upon him to furnish the relevant records: provided that where any records have been called for by the authority in any case, such records shall, as soon as possible, be returned to the 1 principal commissioner of customs or commissioner of customs. 2 the authority may, after examining the application and the records called for, by order, either allow or reject the application: provided that the authority shall not allow the application 2 where the question raised in the application is a already pending in the applicants case before any officer of customs, the appellate tribunal or any court b the same as in a matter already decided by the appellate tribunal or any court: provided further that no application shall be rejected under this subsection unless an opportunity has been given to the applicant of being heard: provided also that where the application is rejected, reasons for such rejection shall be given in the order. 3 a copy of every order made under subsection 2 shall be sent to the applicant and to the 3 principal commissioner of customs or commissioner of customs. 4 where an application is allowed under subsection 2, the authority shall, after examining such further material as may be placed before it by the applicant or obtained by the authority, pronounce its advance ruling on the question specified in the application. 5 on a request received from the applicant, the authority shall, before pronouncing its advance ruling, provide an opportunity to the applicant of being heard, either in person or through a duly authorised representative. explanation.for the purposes of this subsection, authorised representative shall have the meaning assigned to it in subsection 2 of section 146a. 6 the authority shall pronounce its advance ruling in writing within 4 three months of the receipt of application. 7 a copy of the advance ruling pronounced by the authority, duly signed 5 and certified in the prescribed manner shall be sent to the applicant and to the 3 principal commissioner of customs or commissioner of customs, as soon as may be, after such pronouncement. 1. subs. by act 25 of , s. 78 for commissioner of customs w.e.f. . 2. the words except in the case of a resident applicant omitted by act 20 of , s. 122 w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 4. subs. by act 13 of , s. 68, for six months w.e.f. . 5. the words by the members omitted by act 6 of , s. 92 w.e.f. .

section 28e. of the customs act : 128e. definitions.in this chapter, unless the context otherwise requires, 2 3b advance ruling means a written decision on any of the questions referred to in section 28h raised by the applicant in his application in respect of any goods prior to its importation or exportation 4 5c applicant means any person, i holding a valid importerexporter code number granted under section 7 of the foreign trade development and regulation act, 22 of or ii exporting any goods to india or iii with a justifiable cause to the satisfaction of the authority, who makes an application for advance ruling under section 28h 67 . dapplication means an application made to the authority under subsection 1 of section 28h 8e authority means the customs authority for advance rulings appointed under section 28ea 9 10 1112 . 1. ins. by act 27 of , s. 103 w.e.f. . 2. clause a omitted by act 13 of , s. 64 w.e.f. . 3. subs. by s. 64, ibid., for clause b w.e.f. . 4.. clause ba omitted by act 33 of , s. 12 w.e.f. . 5. subs. by s. 64, ibid., for clause c w.e.f. . 6. ins. by act 22 of , s. 97 w.e.f. . 7.the explanation omitted by act 6 of , s. 90 w.e.f. . 8. subs. by act 13 of , s. 64, for clause e w.e.f. . 9. clause f omitted by act 33 of , s. 12 w.e.f. . 10. clause g omitted by act 33 of , s. 12 w.e.f. . 11. subs. by act 32 of , s. 110, for clause h w.e.f. . 12.clause h omitted by act 6 of , s. 90 w.e.f. .

section 28ka. of the customs act : 128ka. appeal.1 any officer authorised by the board, by notification, or the applicant may file an appeal to the 2high court against any ruling or order passed by the authority, within sixty days from the date of the communication of such ruling or order, in such form and manner as may be prescribed: provided that where the 2high court is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the period so specified, it may allow a further period of thirty days for filing such appeal. 3 1. section 28ka shall stand inserted date to be notified by act 13 of , s. 70. 2. subs. by act 33 of , s. 12, for appellate authority w.e.f. . 3. subsection 2 omitted by act 33 of , s. 12 w.e.f. .

section 28ea. of the customs act : 128ea. customs authority for advance rulings.1 the board may, for the purposes of giving advance rulings under this act, by notification, appoint an officer of the rank of principal commissioner of customs or commissioner of customs to function as a customs authority for advance rulings: 2. 2 the offices of the authority may be established in new delhi and at such other places, as the board may deem fit. 3 subject to the provisions of this act, the authority shall exercise the powers and authority conferred on it by or under this act. 1. ins. by act 13 of , s. 65 w.e.f. . 2. the proviso omitted by act 33 of , s. 12 w.e.f. .

section 28g.. of the customs act : vacancies, etc., not to invalidate proceedings.omitted by the finance act, 7 of , s. 95 w.e.f. .

section 28h. of the customs act : 1 an applicant desirous of obtaining an advance ruling under this chapter may make an application in such form and in such manner 1and accompanied by such fee as may be prescribed, stating the question on which the advance ruling is sought.. 2 the question on which the advance ruling is sought shall be in respect of, a classification of goods under the customs tariff act, 51 of b applicability of a notification issued under subsection 1 of section 25, having a bearing on the rate of duty c the principles to be adopted for the purposes of determination of value of the goods under the provisions of this act. 2 d applicability of notifications issued in respect of tax or duties under this act or the customs tariff act, 51 of or any tax or duty chargeable under any other law for the time being in force in the same manner as duty of customs leviable under this act or the customs tariff act 3 e determination of origin of the goods in terms of the rules notified under the customs tariff act, 51 of and matters relating thereto. 4 f any other matter as the central government may, by notification, specify. 5. 4 an applicant may withdraw his application 6at any time before an advance ruling is pronounced. . 75 the applicant may be represented by any person resident in india who is authorised in thisbehalf. explanation.for the purposes of this subsection resident shall have the same meaning as assigned to it in clause 42 of section 2 of the incometax act, 43 of . 1.ins. by act 6 of , s. 91, w.e.f. . 2. subs. by act 13 of , s. 67, for clause d w.e.f. . 3. ins. by act 18 of , s. 67 w.e.f. . 4. ins. by act 13 of , s. 67 w.e.f. . 5. subsection 3 omitted by act 6 of , s. 91 w.e.f. . 6. subs by act 6 of , s. 91 for within thirty days from the date of the application w.e.f. . 7. ins. by act 13 of , s. 67 w.e.f. .

section 28m. of the customs act : 128m. procedure for authority 2.1 the authority shall follow such procedure as may be prescribed. 3 1. subs. by s. 72, ibid., for section 28m w.e.f. . 2. the words and appellate authority omitted by act 33 of , s. 12 w.e.f. . 3. subsection 2 omitted by s. 12, ibid. w.e.f. .

section 28j. of the customs act : 1 the advance ruling pronounced by the authority under section 28i shall be binding only a on the applicant who had sought it b in respect of any matter referred to in subsection 2 of section 28h c on the 1principal commissioner of customs or commissioner of customs, and the customs authorities subordinate to him, in respect of the applicant. 22 the advance ruling referred to in subsection 1 shall remain valid for three years or till there is a change in law or facts on the basis of which the advance ruling has been pronounced, whichever is earlier: provided that in respect of any advance ruling in force on the date on which the finance bill, receives the assent of the president, the said period of three years shall be reckoned from the date on which the said finance bill receives the assent of the president. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. subs. by act 6 of , s. 93, for subsection 2 w.e.f. .

section 28k. of the customs act : 1 where the authority finds, on a representation made to it by the 1 principal commissioner of customs or commissioner of customs or otherwise, that an advance ruling pronounced by it under subsection 6 of section 28i has been obtained by the applicant by fraud or misrepresentation of facts, it may, by order, declare such ruling to be void ab initio and thereupon all the provisions of this act shall apply 2 to the applicant as if such advance ruling had never been made. 3provided that in computing the period of two years referred to in clause a of subsection 1 of section 28, or five years referred to in subsection 4 thereof, for service of notice for recovery of any duty not levied, shortlevied, not paid or shortpaid on account of the advance ruling, the period beginning with the date of such advance ruling and ending with the date of the order under this subsection shall be excluded. 2 a copy of the order made under subsection 1 shall be sent to the applicant and the 4principal commissioner of customs or commissioner of customs. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. the brackets and words after excluding the period beginning with the date of such advance ruling and ending with the date of order under this subsection omitted by act 13 of , s. 69 w.e.f. . 3. the proviso ins. by act 13 of , s. 69 w.e.f. . 4. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 28l. of the customs act : 28l. powers of 1authority or appellate authority.1 the 1authority or appellate authority shall, for the purpose of exercising its powers regarding discovery and inspection, enforcing the attendance of any person and examining him on oath, issuing commissions and compelling production of books of account and other records, have all the powers of a civil court under the code of civil procedure, 5 of . 2 the 1authority or appellate authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of chapter xxvi of the code of criminal procedure, 2 of , and every proceeding before the 1authority or appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of . 1. subs. by s. 71, ibid., for authority w.e.f. .

section 29. of the customs act : 1 the personincharge of a vessel or an aircraft entering india from any place outside india shall not cause or permit the vessel or aircraft to call or land a for the first time after arrival in india or b at any time while it is carrying passengers or cargo brought in that vessel or aircraft at any place other than a customs port or a customs airport, as the case may be 1 unless permitted by the board. 2 the provisions of subsection 1 shall not apply in relation to any vessel or aircraft which is compelled by accident, stress of weather or other unavoidable cause to call or land at a place other than a customs port or customs airport but the personincharge of any such vessel or aircraft a shall immediately report the arrival of the vessel or the landing of the aircraft to the nearest customs officer or the officerincharge of a police station and shall on demand produce to him the log book belonging to the vessel or the aircraft b shall not without the consent of any such officer permit any goods carried in the vessel or the aircraft to be unloaded from, or any of the crew or passengers to depart from the vicinity of, the vessel or the aircraft and c shall comply with any directions given by any such officer with respect to any such goods, and no passenger or member of the crew shall, without the consent of any such officer, leave the immediate vicinity of the vessel or the aircraft: provided that nothing in this section shall prohibit the departure of any crew or passengers from the vicinity of, or the removal of goods from, the vessel or aircraft where the departure or removal is necessary for reasons of health, safety or the preservation of life or property. 1. ins. by act 17 of , s. 69 w.e.f. .

section 30. of the customs act : 30. delivery of 1 arrival manifest or import manifest or import report.2 1 the personincharge of i a vessel or ii an aircraft or iii a vehicle, carrying imported goods 3 or export goods or any other person as may be specified by the central government, by notification in the official gazette, in this behalf shall, in the case of a vessel or an aircraft, deliver to the proper officer 4 an 1 arrival manifest or import manifest by presenting electronically prior to the arrival of the vessel or the aircraft, as the case may be, and in the case of a vehicle, an import report within twelve hours after its arrival in the customs station, in 5 such form and manner as may be prescribed and if the 1 arrival manifest or import manifest or the import report or any part thereof, is not delivered to the proper officer within the time specified in this subsection and if the proper officer is satisfied that there was no sufficient cause for such delay, the personincharge or any other person referred to in this subsection, who caused such delay, shall be liable to a penalty not exceeding fifty thousand rupees: 6 provided that the 7 principal commissioner of customs or commissioner of customs may, in cases cases where it is not feasible to deliver 1 arrival manifest or import manifest by presenting electronically, allow the same to be delivered in any other manner. 2 the person delivering the 8 arrival manifest or import manifest or import report shall at the foot thereof make and subscribe to a declaration as to the truth of its contents. 3 if the proper officer is satisfied that the 8 arrival manifest or import manifest or import report is in any way incorrect or incomplete, and that there was no fraudulent intention, he may permit it to be amended or supplemented. 1. subs. by act 13 of , s. 56, for import manifest w.e.f. . 2. subs. by act 32 of , s. 112, for subsection 1 w.e.f . 3. ins. by act 13 of , s. 73 w.e.f. . 4. subs. by act 17 of , s. 70, for an import manifest prior to the arrival w.e.f. . 5. subs. by act 13 of , s. 73, for the prescribed form w.e.f. . 6. ins. by act 17 of , s. 70 w.e.f. . 7. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. 8. subs. by act 13 of , s. 56, for import manifest w.e.f. .

section 35. of the customs act : no imported goods shall be waterborne for being landed from any vessel, and no export goods which are not accompanied by a shipping bill, shall be waterborne for being shipped, unless the goods are accompanied by a boatnote in the prescribed form: provided that the board may, by notification in the official gazette, give general permission, and the proper officer may in any particular case give special permission, for any goods or any class of goods to be waterborne without being accompanied by a boatnote.

section 30a. of the customs act : 130a. passenger and crew arrival manifest and passenger name record information.1 the personincharge of a conveyance that enters india from any place outside india or any other person as may be specified by the central government by notification in the official gazette, shall deliver to the proper officer i the passenger and crew arrival manifest before arrival in the case of an aircraft or a vessel and upon arrival in the case of a vehicle and ii the passenger name record information of arriving passengers, in such form, containing such particulars, in such manner and within such time, as may be prescribed. 2 where the passenger and crew arrival manifest or the passenger name record information or any part thereof is not delivered to the proper officer within the prescribed time and if the proper officer is satisfied that there was no sufficient cause for such delay, the personincharge or the other person referred to in subsection 1 shall be liable to such penalty, not exceeding fifty thousand rupees, as may be prescribed. 1. ins. by act 7 of , s. 98 w.e.f. .

section 31. of the customs act : 1 the master of a vessel shall not permit the unloading of any imported goods until an order has been given by the proper officer granting entry inwards to such vessel. 2 no order under subsection 1 shall be given until an 1 arrival manifest or import manifest has been delivered or the proper officer is satisfied that there was sufficient cause for not delivering it. 3 nothing in this section shall apply to the unloading of baggage accompanying a passenger or a member of the crew, mail bags, animals, perishable goods and hazardous goods. 1. subs. by act 13 of , s. 56, for import manifest w.e.f. .

section 32. of the customs act : 32. imported goods not to be unloaded unless mentioned in 1 arrival manifest or import manifest or import report.no imported goods required to be mentioned under the regulations in an 1 arrival manifest or import manifest or import report shall, except with the permission of the proper officer, be unloaded at any customs station unless they are specified in such manifest or report for being unloaded at that customs station. 1. subs. by act 13 of , s. 56, for import manifest w.e.f.

section 33. of the customs act : except with the permission of the proper officer, no imported goods shall be unloaded, and no export goods shall be loaded, at any place other than a place approved under clause a of section 8 for the unloading or loading of such goods.

section 34. of the customs act : imported goods shall not be unloaded from, and export goods shall not be loaded on, any conveyance except under the supervision of the proper officer: provided that the board may, by notification in the official gazette, give general permission and the proper officer may in any particular case give special permission, for any goods or class of goods to be unloaded or loaded without the supervision of the proper officer.

section 36. of the customs act : no imported goods shall be unloaded from, and no export goods shall be loaded on, any conveyance on any sunday or on any holiday observed by the customs department or on any other day after the working hours, except after giving the prescribed notice and on payment of the prescribed fees, if any: provided that no fees shall be levied for the unloading and loading of baggage accompanying a passenger or a member of the crew, and mail bags.

section 42. of the customs act : 1 the personincharge of a conveyance which has brought any imported goods or has loaded any export goods at a customs station shall not cause or permit the conveyance to depart from that customs station until a written order to that effect has been given by the proper officer. 2 no such order shall be given until, a the personincharge of the conveyance has answered the questions put to him under section 38 b the provisions of section 41 have been complied with c the shipping bills or bills of export, the bills of transhipment, if any, and such other documents as the proper officer may require have been delivered to him d all duties leviable on any stores consumed in such conveyance, and all charges and penalties due in respect of such conveyance or from the personincharge thereof have been paid or the payment secured by such guarantee or deposit of such amount as the proper officer may direct e the personincharge of the conveyance has satisfied the proper officer that no penalty is leviable on him under section 116 or the payment of any penalty that may be levied upon him under that section has been secured by such guarantee or deposit of such amount as the proper officer may direct f in any case where any export goods have been loaded without payment of export duty or in contravention of any provision of this act or any other law for the time being in force relating to export of goods, i such goods have been unloaded, or ii where the 1assistant commissioner of customs or deputy commissioner of customs is satisfied that it is not practicable to unload such goods, the personincharge of the conveyance has given an undertaking, secured by such guarantee or deposit of such amount as the proper officer may direct, for bringing back the goods to india. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 37. of the customs act : the proper officer may, at any time, board any conveyance carrying imported goods or export goods and may remain on such conveyance for such period as he considers necessary.

section 38. of the customs act : for the purposes of carrying out the provisions of this act, the proper officer may require the personincharge of any conveyance or animal carrying imported goods or export goods to produce any document and to answer any questions and thereupon such person shall produce such documents and answer such questions.

section 39. of the customs act : the master of a vessel shall not permit the loading of any export goods, other than baggage and mail bags, until an order has been given by the proper officer granting entryoutwards to such vessel.

section 40. of the customs act : the personincharge of a conveyance shall not permit the loading at a customs station a of export goods, other than baggage and mail bags, unless a shipping bill or bill of export or a bill of transhipment, as the case may be, duly passed by the proper officer, has been handed over to him by the exporter b of baggage and mail bags, unless their export has been duly permitted by the proper officer.

section 43. of the customs act : 1 the provisions of sections 30, 41 and 42 shall not apply to a vehicle which carries no goods other than the luggage of its occupants. 2 the central government may, by notification in the official gazette, exempt the following classes of conveyances from all or any of the provisions of this chapter a conveyances belonging to the government or any foreign government b vessels and aircraft which temporarily enter india by reason of any emergency.

section 41. of the customs act : 41. delivery of 1departure manifest or export manifest or export report.1 2the personincharge of a conveyance carrying export goods or imported goods or any other person as may be specified by the central government, by notification, shall, before departure of the conveyance from a customs station, deliver to the proper officer in the case of a vessel or aircraft, a departure manifest or an export manifest by presenting electronically, and in the case of a vehicle, an export report, in such form and manner as may be prescribed and in case, such personincharge or other person fails to deliver the departure manifest or export manifest or the export report or any part thereof within such time, and the proper officer is satisfied that there is no sufficient cause for such delay, such personincharge or other person shall be liable to pay penalty not exceeding fifty thousand rupees. 3 4provided that the 5principal commissioner of customs or commissioner of customs may, in cases where it is not feasible to deliver the 6departure manifest or export manifest by presenting electronically, allow the same to be delivered in any other manner. 2 the person delivering the 6departure manifest or export manifest or export report shall at the foot thereof make and subscribe to a declaration as to the truth of its contents. 3 if the proper officer is satisfied that the 6departure manifest or export manifest or export report is in any way incorrect or incomplete and that there was no fraudulent intention, he may permit such manifest or report to be amended or supplemented. 1. subs. by act 13 of , s. 56, for export manifest w.e.f. . 2. subs. by act 23 of , s. 70, for certain words w.e.f. . 3. proviso omitted by act of 23 of , s. 66 w.e.f. . 4. ins. by act 17 of , s. 71 w.e.f. . 5. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 6. subs. by act 13 of , s. 56, for export manifest w.e.f. .

section 41a. of the customs act : 141a. passenger and crew departure manifest and passenger name record information.1 the personincharge of a conveyance that departs from india to a place outside india or any other person as may be specified by the central government by notification in the official gazette, shall deliver to the proper officer i the passenger and crew departure manifest and ii the passenger name record information of departing passengers, in such form, containing such particulars, in such manner and within such time, as may be prescribed. 2 where the passenger and crew departure manifest or the passenger name record information or any part thereof is not delivered to the proper officer within the prescribed time and if the proper officer is satisfied that there was no sufficient cause for such delay, the personincharge or the other person referred to in subsection 1 shall be liable to such penalty, not exceeding fifty thousand rupees, as may be prescribed. 1. ins. by act 7 of , s. 99 w.e.f. .

section 44. of the customs act : the provisions of this chapter shall not apply to a baggage, and b goods imported or to be exported by post.

section 51. of the customs act : 11 where the proper officer is satisfied that any goods goods entered for export are not prohibited goods and the exporter has paid the duty, if any, assessed thereon and any charges payable under this act in respect of the same, the proper officer may make an order permitting clearance and loading of the goods for exportation: 23provided that such order may also be made electronically through the customs automated system system on the basis of risk evaluation through appropriate selection criteria: provided further that the central government may, by notification in the official gazette, permit certain class of exporters to make deferred payment of said duty or any charges in such manner as may be provided by rules. 22 where the exporter fails to pay the export duty, either in full or in part, under the proviso to subsection 1 by such due date as may be specified by rules, he shall pay interest on said duty not paid or shortpaid till the date of its payment at such rate, not below five per cent and not exceeding thirtysix per cent per annum, as may be fixed by the central government, by notification in the official gazette. 1. section 51 renumbered as subsection 1 thereof by act 28 of , s. 122, w.e.f. . 2. ins. by s. 122, ibid, w.e.f. . 3. subs. by act 13 of , s. 79, for provided that w.e.f. .

section 45. of the customs act : 1 save as otherwise provided in any law for the time being in force, all imported goods unloaded in a customs area shall remain in the custody of such person as may be approved by the 1principal commissioner of customs or commissioner of customs until they are cleared for home consumption or are warehoused or are transhipped in accordance with the provisions of chapter viii. 2 the person having custody of any imported goods in a customs area, whether under the provisions of subsection 1 or under any law for the time being in force, a shall keep a record of such goods and send a copy thereof to the proper officer b shall not permit such goods to be removed from the customs area or otherwise dealt with, except under and in accordance with the permission in writing of the proper officer 2or in such manner as may be prescribed. 33 notwithstanding anything contained in any law for the time being in force, if any imported goods are pilferred after unloading thereof in a customs area while in the custody of a person referred to in subsection 1, that person shall be liable to pay duty on such goods at the rate prevailing on the date of delivery of an 4arrival manifest or import manifest or, as the case may be, an import report to the proper officer under section 30 for the arrival of the conveyance in which the said goods were carried. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. ins. by act 13 of , s. 75 w.e.f. . 3. ins. by act 22 of , s. 58 w.e.f. . 4. subs. by act 13 of , s. 56, for import manifest w.e.f. .

section 46. of the customs act : 1 the importer of any goods, other than goods intended for transit or transhipment, shall make entry thereof by presenting 1 electronically 2 on the customs automated system to the proper officer a bill of entry for home consumption or warehousing 3 pin such form and manner as may be prescribed: 4 provided that the 5 principal commissioner of customs or commissioner of customs may, in cases cases where it is not feasible to make entry by presenting electronically 2 on the customs automated system, allow an entry to be presented in any other manner: provided further that if the importer makes and subscribes to a declaration before the proper officer, to the effect that he is unable for want of full information to furnish all the particulars of the goods required under this subsection, the proper officer may, pending the production of such information, permit him, previous to the entry thereof a to examine the goods in the presence of an officer of customs, or b to deposit the goods in a public warehouse appointed under section 57 without warehousing the same. 2 save as otherwise permitted by the proper officer, a bill of entry shall include all the goods mentioned in the bill of lading or other receipt given by the carrier to the consignor. 6 3 the importer shall present the bill of entry under subsection 1 7before the end of the day including holidays preceding the day on which the aircraft or vessel or vehicle carrying the goods arrives at a customs station at which such goods are to be cleared for home consumption or warehousing: 8provided that the board may, in such cases as it may deem fit, prescribe different time limits for presentation of the bill of entry, which shall not be later than the end of the day of such arrival: provided further that a bill of entry may be presented 9at any time not exceeding thirty days prior to the expected arrival of the aircraft or vessel or vehicle by which the goods have been shipped for importation into india: 10provided also that where the bill of entry is not presented within the time so specified and the proper officer is satisfied that there was no sufficient cause for such delay, the importer shall pay such charges for late presentation of the bill of entry as may be prescribed. 4 the importer while presenting a bill of entry shall 11 make and subscribe to a declaration as to the truth of the contents of such bill of entry and shall, in support of such declaration, produce to the proper officer the invoice, if any, 12 and such other documents relating to the imported goods as may be prescribed. 13 4a the importer who presents a bill of entry shall ensure the following, namely: a the accuracy and completeness of the information given therein b the authenticity and validity of any document supporting it and c compliance with the restriction or prohibition, if any, relating to the goods under this act or under any other law for the time being in force. 5 if the proper officer is satisfied that the interests of revenue are not prejudicially affected and that there was no fraudulent intention, he may permit substitution of a bill of entry for home consumption for a bill of entry for warehousing or vice versa. 1. ins. by act 8 of , s. 44 w.e.f. . 2. ins. by act 13 of , s. 76 w.e.f. . 3. subs. by s. 76, ibid., for in the prescribed form w.e.f. . 4. subs. by act 8 of , s. 44, for provided that w.e.f. . 5. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 6. subs. by act 7 of , s. 100 for subsection 3 w.e.f. . 7. subs. by act 13 of , s. 93, for before the end of the next day following the day excluding holidays w.e.f. . 8. subs. by s. 93, ibid., for provided that w.e.f. . 9. subs. by act 13 of , s. 76, for within thirty days of w.e.f. . 10. the words at the foot thereof omitted by act 8 of , s. 44 w.e.f. 11. subs. by 13 of , s. 93, for provided further that w.e.f. . 12. subs. by act 13 of , s. 76, for relating to the imported goods w.e.f. . 13. ins. by s. 76, ibid. w.e.f. .

section 47. of the customs act : 11 where the proper officer is satisfied that any goods entered for home consumption are not prohibited goods and the importer has paid the import duty, if any, assessed thereon and any charges payable under this act in respect of the same, the proper officer may make an order permitting clearance of the goods for home consumption: 2 3provided that such order may also be made electronically through the customs automated system system on the basis or risk evaluation through appropriate selection criteria: provided further that the central government may, by notification in the official gazette, permit certain class of importers to make deferred payment of said duty or any charges in such manner as may be provided by rules. 42 5the importer shall pay the import duty a on the date of presentation of the bill of entry in the case of self assessment or b within one day excluding holidays from the date on which the bill of entry is returned to him by the proper officer for payment of duty in the case of assessment, reassessment or provisional assessment or c in the case of deferred payment under the proviso to subsection 1, from such due date as may be specified by rules made in this behalf, and if he fails to pay the duty within the time so specified, he shall pay interest on the duty not paid or shortpaid till the date of its payment, at such rate, not less than ten per cent. but not exceeding thirtysix per cent. per annum, as may be fixed by the central government, by notification in the official gazette. 6provided that the central government may, by notification in the official gazette, specify the class or classes of importers who shall pay such duty electronically: provided further that where the bill of entry is returned for payment of duty before the commencement of the customs amendment act, 55 of and the importer has not paid such duty before such commencement, the date of return of such bill of entry to him shall be deemed to be the date of such commencement for the purpose of this section: 78provided also that if the board is satisfied that it is necessary in the public interest so to do, it may, by order for reasons to be recorded, waive the whole or part of any interest payable under this section. 1. section 47 renumbered as subsection 1 thereof by act 55 of , s. 3, w.e.f. . 2. ins. by act 28 of , s. 121 w.e.f. . 3. subs. by act 13 of , s. 77, for provided that w.e.f. . 4. ins. by act 55 of , s. 3 w.e.f. . 5. subs. by act 7 of , s. 101, for certain words, brackets, letters and figure w.e.f. . earlier certain words, brackets, letters and figure were substituted by act 28 of , s. 121 w.e.f. . 6. subs. by act 23 of , s. 124, for provided that w.e.f. . 7. ins. by act 22 of , s. 59 w.e.f. . 8. subs. by act 23 of , s. 124, for provided further that w.e.f. .

section 48. of the customs act : 48. procedure in case of goods not cleared, warehoused, or transhipped within 1thirty days after unloading.if any goods brought into india from a place outside india are not cleared for home consumption or warehoused or transhipped 2within 3thirty days from the date of the unloading thereof thereof at a customs station or within such further time as the proper officer may allow or if the title to any imported goods is relinquished, such goods may, after notice to the importer and with the permission of the proper officer be sold by the person having the custody thereof: provided that a animals, perishable goods and hazardous goods, may, with the permission of the proper officer, be sold at any time b arms and ammunition may be sold at such time and place and in such manner as the central government may direct. explanation. in this section, arms and ammunition have the meanings respectively assigned to them in the arms act, 54 of . 1. subs. by act 55 of , s. 4, for two months w.e.f. . 2. subs. by act 80 of s. 4, for within two months w.e.f. . 3. subs. by act 55 of , s. 4, for fortyfive days w.e.f. .

section 49. of the customs act : 149. storage of imported goods in warehouse pending clearance or removal.where, a in the case of any imported goods, whether dutiable or not, entered for home consumption, the assistant commissioner of customs or deputy commissioner of customs is satisfied on the application of the importer that the goods cannot be cleared within a reasonable time b in the case of any imported dutiable goods, entered for warehousing, the assistant commissioner of customs or deputy commissioner of customs is satisfied on the application of the importer that the goods cannot be removed for deposit in a warehouse within a reasonable time, the goods may pending clearance or removal, as the case may be, be permitted to be stored in a public warehouse for a period not exceeding thirty days: provided that the provisions of chapter ix shall not apply to goods permitted to be stored in a public warehouse under this section: provided further that the principal commissioner of customs or commissioner of customs may extend the period of storage for a further period not exceeding thirty days at a time. 1. subs. by act 7 of , s. 102, for section 49 w.e.f. .

section 50. of the customs act : 1 the exporter of any goods shall make entry thereof by presenting 1electronically 2on the customs automated system to the proper officer in the case of goods to be exported in a vessel or aircraft, a shipping bill, and in the case of goods to be exported by land, a bill of export 3in such form and manner as may be prescribed. 1provided that the 4principal commissioner of customs or commissioner of customs may, in cases cases where it is not feasible to make entry by presenting electronically 2on the customs automated system , allow an entry to be presented in any other manner. 2 the exporter of any goods, while presenting a shipping bill or bill of export, shall 5 make and subscribe to a declaration as to the truth of its contents. 23 the exporter who presents a shipping bill or bill of export under this section shall ensure the following, namely: a the accuracy and completeness of the information given therein b the authenticity and validity of any document supporting it and c compliance with the restriction or prohibition, if any, relating to the goods under this act or under any other law for the time being in force. 1. ins. by act 8 of , s. 45 w.e.f . 2. ins. by act 13 of , s. 78 w.e.f. . 3. subs. by s. 78, ibid., for in the prescribed form w.e.f. . 4. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 5. the words at the foot thereof omitted by act 8 of , s. 45 w.e.f. .

section 51a. of the customs act : 151a. payment of duty, interest, penalty, etc.1 every deposit made towards duty, interest, penalty, fee or any other sum payable by a person under the provisions of this act or under the customs tariff act, 51 of or under any other law for the time being in force or the rules and regulations made thereunder, using authorised mode of payment shall, subject to such conditions and restrictions, be credited to the electronic cash ledger of such person, to be maintained in such manner, as may be prescribed. 2 the amount available in the electronic cash ledger may be used for making any payment towards duty, interest, penalty, fees or any other sum payable under the provisions of this act or under the customs tariff act, 51 of or under any other law for the time being in force or the rules and regulations made thereunder in such manner and subject to such conditions and within such time as may be prescribed. 3 the balance in the electronic cash ledger, after payment of duty, interest, penalty, fee or any other amount payable, may be refunded in such manner as may be prescribed. 4 notwithstanding anything contained in this section, if the board is satisfied that it is necessary or expedient so to do, it may, by notification, exempt the deposits made by such class of persons or with respect to such categories of goods, as may be specified in the notification, from all or any of the provisions of this section. 1. ins. by act 13 of , s. 80 w.e.f. .

section 52. of the customs act : the provisions of this chapter shall not apply to a baggage, b goods imported by post, and c stores.

section 58. of the customs act : 158. licensing of private warehouses.the principal commissioner of customs or commissioner of customs may, subject to such conditions as may be prescribed, licence a private warehouse wherein dutiable goods imported by or on behalf of the licensee may be deposited. 1. subs. by s. 125, ibid., for section 58 w.e.f. .

section 53. of the customs act : 1 253. transit of certain goods without payment of duty.subject to the provisions of section 11, where any goods imported in a conveyance and mentioned in the 3arrival manifest or import manifest or the import report, as the case may be, as for transit in the same conveyance to any place outside india or to any customs station, the proper officer may allow the goods and the conveyance to transit without payment of duty, subject to such conditions, as may be prescribed. 1. subs. by act 21 of , s. 101, for section 53 to 55 w.e.f. . 2. subs. by act 28 of , s. 123, for section 53 w.e.f. . 3. subs. by act 13 of , s. 56, for import manifest w.e.f. .

section 54. of the customs act : 1 where any goods imported into a customs station are intended for transhipment, a bill of transhipment shall be presented to the proper officer in 1such form and manner as may be prescribed: 2provided that where the goods are being transhipped under an international treaty or bilateral agreement between the government of india and government of a foreign country, a declaration for transhipment instead of a bill of transhipment shall be presented to the proper officer in 1such form and manner as may be prescribed. 2 subject to the provisions of section 11, where any goods imported into a customs station are mentioned in the 3arrival manifest or import manifest or the import report, as the case may be, as for transhipment to any place outside india, such goods may be allowed to be so transhipped without payment of duty. 3 where any goods imported into a customs station are mentioned in the 3arrival manifest or import manifest or the import report, as the case may be, as for transhipment a to any major port as defined in the indian ports act, 15 of , or the customs airport at mumbai, calcutta, delhi or chennai or any other customs port or customs airport which the board may, by notification in the official gazette, specify in this behalf, or b to any other customs station and the proper officer is satisfied that the goods are bona fide intended for transhipment to such customs station, the proper officer may allow the goods to be transhipped, without payment of duty, subject to such conditions as may be prescribed for the due arrival of such goods at the customs station to which transhipment is allowed. 1. subs. by s. 81, ibid., for the prescribed form w.e.f. . 2. ins. by act 27 of , s. 106 w.e.f. . 3. subs. by act 13 of , s. 56, for import manifest w.e.f. .

section 55. of the customs act : where any goods are allowed to be transited under section 53 or transhipped under subsection 3 of section 54 to any customs station, they shall, on their arrival at such station, be liable to duty and shall be entered in like manner as goods are entered on the first importation thereof and the provisions of this act and any rules and regulations shall, so far as may be, apply in relation to such goods.

section 56. of the customs act : imported goods may be transported without payment of duty from one land customs station to another, and any goods may be transported from one part of india to another part through any foreign territory, subject to such conditions as may be prescribed for the due arrival of such goods at the place of destination.

section 57. of the customs act : 157. licensing of public warehouses.the principal commissioner of customs or commissioner of customs may, subject to such conditions as may be prescribed, licence a public warehouse wherein dutiable goods may be deposited. 1. subs. by act 28 of , s. 124, for section 57 w.e.f. .

section 58b. of the customs act : 158b. cancellation of licence.1 where a licensee contravenes any of the provisions of this act or the rules or regulations made thereunder or breaches any of the conditions of the licence, the principal commissioner of customs or commissioner of customs may cancel the licence granted under section 57 or section 58 or section 58a: provided that before any licence is cancelled, the licensee shall be given a reasonable opportunity of being heard. 2 the principal commissioner of customs or commissioner of customs may, without prejudice to any other action that may be taken against the licensee and the goods under this act or any other law for the time being in force, suspend operation of the warehouse during the pendency of an enquiry under subsection 1. 3 where the operation of a warehouse is suspended under subsection 2, no goods shall be deposited in such warehouse during the period of suspension: provided that the provisions of this chapter shall continue to apply to the goods already deposited in the warehouse. 4 where the licence issued under section 57 or section 58 or section 58a is cancelled, the goods warehoused shall, within seven days from the date on which order of such cancellation is served on the licensee or within such extended period as the proper officer may allow, be removed from such warehouse to another warehouse or be cleared for home consumption or export: provided that the provisions of this chapter shall continue to apply to the goods already deposited in the warehouse till they are removed to another warehouse or cleared for home consumption or for export, during such period. 1. subs. by s. 125, ibid., for section 58 w.e.f. .

section 58a. of the customs act : 158a. licensing of special warehouses.1 the principal commissioner of customs or commissioner of customs may, subject to such conditions as may be prescribed, licence a special warehouse wherein dutiable goods may be deposited and such warehouse shall be caused to be locked by the proper officer and no person shall enter the warehouse or remove any goods therefrom without the permission of the proper officer. 2 the board may, by notification in the official gazette, specify the class of goods which shall be deposited in the special warehouse licensed under subsection 1. 1. subs. by s. 125, ibid., for section 58 w.e.f. .

section 65. of the customs act : 1 1with the permission of the principal commissioner of customs or commissioner of customs and subject to such conditions as may be prescribed, the owner of any warehoused goods may carry on any manufacturing process or other operations in the warehouse in relation to such goods. 2 where in the course of any operations permissible in relation to any warehoused goods under subsection 1, there is any waste or refuse, the following provisions shall apply: a if the whole or any part of the goods resulting from such operations are exported, import duty shall be remitted on the quantity of the warehoused goods contained in so much of the waste or refuse as has arisen from the operations carried on in relation to the goods exported: provided that such waste or refuse is either destroyed or duty is paid on such waste or refuse as if it had been imported into india in that form b if the whole or any part of the goods resulting from such operations are cleared from the warehouse for home consumption, import duty shall be charged on the quantity of the warehoused goods contained in so much of the waste or refuse as has arisen from the operations carried on in relation to the goods cleared for home consumption. 1. subs. by s. 131, ibid., for certain words w.e.f. .

section 64. of the customs act : 164. owners right to deal with warehoused goods.the owner of any warehoused goods may, after warehousing the same, a inspect the goods b deal with their containers in such manner as may be necessary to prevent loss or deterioration or damage to the goods c sort the goods or d show the goods for sale. 1. subs. by act 28 of , s. 130, for section 64 w.e.f. .

section 59. of the customs act : 159. warehousing bond.the importer of any goods in respect of which a bill of entry for warehousing has been presented under section 46 and assessed to duty under section 17 or section 18 shall execute a bond in a sum equal to thrice the amount of the duty assessed on such goods, binding himself a to comply with all the provisions of the act and the rules and regulations made thereunder in respect of such goods b to pay, on or before the date specified in the notice of demand, all duties and interest payable under subsection 2 of section 61 and c to pay all penalties and fines incurred for the contravention of the provisions of this act or the rules or regulations, in respect of such goods. 2 for the purposes of subsection 1, the assistant commissioner of customs or deputy commissioner of customs may permit an importer to execute a general bond in such amount as the assistant commissioner of customs or deputy commissioner of customs may approve in respect of the warehousing of goods to be imported by him within a specified period. 3 the importer shall, in addition to the execution of a bond under subsection 1 or subsection 2, furnish such security as may be prescribed. 4 any bond executed under this section by an importer in respect of any goods shall continue to be in force notwithstanding the transfer of the goods to another warehouse. 5 where the whole of the goods or any part thereof are transferred to another person, the transferee shall execute a bond in the manner specified in subsection 1 or subsection 2 and furnish security as specified under subsection 3. 1. subs. by act 28 of , s. 126, for section 59 w.e.f. .

section 59a.. of the customs act : conditions for warehousing of certain goods. omitted by the finance act, 32 of , s. 60 w.e.f. .

section 66. of the customs act : if any imported materials are used in accordance with the provisions of section 65 for the manufacture of any goods and the rate of duty leviable on the imported materials exceeds the rate of duty leviable on such goods, the central government, if satisfied that in the interests of the establishment or development of any domestic industry it is necessary so to do, may, by notification in the official gazette, exempt the imported materials from the whole or part of the excess rate of duty.

section 60. of the customs act : 160. permission for removal of goods for deposit in warehouse.1 when the provisions of section 59 have been complied with in respect of any goods, the proper officer may make an order permitting removal of the goods from a customs station for the purpose of deposit in a warehouse. 2provided that such order may also be made electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria. 2 where an order is made under subsection 1, the goods shall be deposited in a warehouse in such manner as may be prescribed. 1. subs. by act 28 of , s. 127, for section 60 w.e.f. . 2. the proviso ins. by act 13 of , s. 82 w.e.f. .

section 68. of the customs act : 1any warehoused goods may be cleared from the warehouse for home consumption, if a a bill of entry for home consumption in respect of such goods has been presented in the prescribed form 2b the import duty, interest, fine and penalties payable in respect of such goods have been paid and c an order for clearance of such goods for home consumption has been made by the proper officer. 3 4provided that the order referred to in clause c may also be made electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria: provided further that the owner of any warehoused goods may, at any time before an order for clearance of goods for home consumption has been made in respect of such goods, relinquish his title to the goods upon payment of 5 penalties that may be payable in respect of the goods and upon such relinquishment, he shall not be liable to pay duty thereon: 67provided also that the owner of any such warehoused goods shall not be allowed to relinquish his title to such goods regarding which an offence appears to have been committed under this act or any other law for the time being in force. 1. subs. by act 28 of , s. 132, for the importer of any warehoused goods may clear them w.e.f. . 2. subs. by s. 132, ibid., for clause b w.e.f. . 3. ins. by act 32 of , s. 114 w.e.f. . 4. subs. by act 13 of , s. 83, for provided that w.e.f. . 5. the words rent, interest, other charges and omitted by act 28 of , s. 132 w.e.f. . 6. ins. by act 21 of , s. 59 w.e.f. . 7. subs. by act 13 of , s. 83, for provided further that w.e.f. .

section 61. of the customs act : 161. period for which goods may remain warehoused.1 any warehoused goods may remain in the warehouse in which they are deposited or in any warehouse to which they may be removed, a in the case of capital goods intended for use in any hundred per cent. export oriented undertaking, till the in the case of capital goods intended for use in any hundred per cent. export oriented undertaking or electronic hardware technology park unit or software technology park unit or any warehouse wherein manufacture or other operations have been permitted under section 65, till their clearance from the warehouse b in the case of goods other than capital goods intended for use in any hundred per cent. export oriented undertaking or electronic hardware technology park unit or software technology park unit or any warehouse wherein manufacture or other operations have been permitted under section 65, till their consumption or clearance from the warehouse and c in the case of any other goods, till the expiry of one year from the date on which the proper officer has made an order under subsection 1 of section 60: provided that in the case of any goods referred to in this clause, the principal commissioner of customs or commissioner of customs may, on sufficient cause being shown, extend the period for which the goods may remain in the warehouse, by not more than one year at a time: provided further that where such goods are likely to deteriorate, the period referred to in the first proviso may be reduced by the principal commissioner of customs or commissioner of customs to such shorter period as he may deem fit. 2 where any warehoused goods specified in clause c of subsection 1 remain in a warehouse beyond a period of ninety days from the date on which the proper officer has made an order under subsection 1 of section 60, interest shall be payable at such rate as may be fixed by the central government under section 47, on the amount of duty payable at the time of clearance of the goods, for the period from the expiry of the said ninety days till the date of payment of duty on the warehoused goods: provided that if the board considers it necessary so to do, in the public interest, it may, a by order, and under the circumstances of an exceptional nature, to be specified in such order, waive the whole or any part of the interest payable under this section in respect of any warehoused goods b by notification in the official gazette, specify the class of goods in respect of which no interest shall be charged under this section c by notification in the official gazette, specify the class of goods in respect of which the interest shall be chargeable from the date on which the proper officer has made an order under subsection 1 of section 60. explanation.for the purposes of this section, i electronic hardware technology park unit means a unit established under the electronic hardware technology park scheme notified by the government of india ii hundred per cent. export oriented undertaking has the same meaning as in clause ii of explanation 2 to subsection 1 of section 3 of the central excise act, 1 of and iii software technology park unit means a unit established under the software technology park scheme notified by the government of india. 1. subs. by act 28 of , s. 128, for section 61 w.e.f. .

section 69. of the customs act : 69. clearance of warehoused goods for 1export.1 any warehoused goods may be exported to a place outside india without payment of import duty if 2a a shipping bill or a bill of export or the form as prescribed under section 84 has been presented in respect of such goods 3b the export duty, fine and penalties payable in respect of such goods have been paid and c an order for clearance of such goods for 1export has been made by the proper officer. 4provided that the order referred to in clause c may also be made electronically through the customs automated system on the basis or risk evaluation through appropriate selection criteria. 2 notwithstanding anything contained in subsection 1, if the central government is of opinion that warehoused goods of any specified description are likely to be smuggled back into india, it may, by notification in the official gazette, direct that such goods shall not be exported to any place outside india without payment of duty or may be allowed to be so exported subject to such restrictions and conditions as may be specified in the notification 1. subs. by act 28 of , s. 133, for exportation w.e.f. . 2. subs. by act 7 of , s. 103, for clause a w.e.f. . 3. subs. by act 28 of , s. 133, for clause b w.e.f. . 4. the proviso ins. by act 13 of , s. 84 w.e.f. .

section 63.. of the customs act : payment of rent and warehouse charges. omitted by s. 129, ibid. w.e.f. .

section 70. of the customs act : 1 when any warehoused goods to which this section applies are at the time of delivery from a warehouse found to be deficient in quantity on account of natural loss, the 1assistant commissioner of customs or deputy commissioner of customs may remit the duty on such deficiency. 2 this section applies to such warehoused goods as the central government, having regard to the volatility of the goods and the manner of their storage, may, by notification in the official gazette, specify. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f.

section 62.. of the customs act : control over warehoused goods. omitted by the finance act, 28 of , s. 129 w.e.f. .

section 72. of the customs act : 1 in any of the following cases, that is to say, a where any warehoused goods are removed from a warehouse in contravention of section 71 b where any warehoused goods have not been removed from a warehouse at the expiration of the period during which such goods are permitted under section 61 to remain in a warehouse 1 d where any goods in respect of which a bond has been executed under 2section 59 3 and which have not been cleared for home consumption or 4export or are not duly accounted for to the satisfaction of the proper officer, the proper officer may demand, and the owner of such goods shall forthwith pay, the full amount of duty chargeable on account of such goods together with 5interest, fine and penalties payable in respect of such goods 2 if any owner fails to pay any amount demanded under subsection 1, the proper officer may, without prejudice to any other remedy, cause to be detained and sold, after notice to the owner any transfer of the goods notwithstanding such sufficient portion of his goods, if any, in the warehouse, as the said officer may 6deem fit. 1. clause c omitted by s. 135, ibid. w.e.f. . 2. subs. by act 55 of , s. 9, for section 59 w.e.f. . 3. the words, figures and letter or section 59a omitted by act 32 of , s. 60 w.e.f. . 4. subs. by act 28 of , s. 135, for exportation w.e.f. . 5. subs. by s. 135, ibid., for all penalties, rent, interest and other charges w.e.f. . 6. subs. by s. 135, ibid., for select w.e.f. .

section 73a. of the customs act : 173a. custody and removal of warehoused goods.1 all warehoused goods shall remain in the custody of the person who has been granted a licence under section 57 or section 58 or section 58a until they are cleared for home consumption or are transferred to another warehouse or are exported or removed as otherwise provided under this act. 2 the responsibilities of the person referred to in subsection 1 who has custody of the warehoused goods shall be such as may be prescribed. 3 where any warehoused goods are removed in contravention of section 71, the licensee shall be liable to pay duty, interest, fine and penalties without prejudice to any other action that may be taken against him under this act or any other law for the time being in force. 1. ins. by s. 137, ibid. w.e.f. .

section 67. of the customs act : the owner of any warehoused goods may, with the permission of the proper officer, remove them from one warehouse to another, 1 subject to such conditions as may be prescribed for the due arrival of the warehoused goods at the warehouse to which removal is permitted. 1. the words without payment of duty omitted by act 55 of , s. 5 we.f. .

section 75a. of the customs act : 175a. interest on drawback.1 where any drawback payable to a claimant under section 74 or section 75 is not paid within a 2period of 3one month from the date of filing a claim for payment of such drawback, there shall be paid to that claimant in addition to the amount of drawback, interest at the rate fixed under section 27a from the date after the expiry of the said 2period of 3one month till the date of payment of such drawback: 4 52 where any drawback has been paid to the claimant erroneously or it becomes otherwise recoverable under this act or the rules made thereunder, the claimant shall, within a period of two months from the date of demand, pay in addition to the said amount of drawback, interest at the rate fixed under 6section 28aa and the amount of interest shall be calculated for the period beginning from the date of payment of such drawback to the claimant till the date of recovery of such drawback. 1. ins. by s. 62, ibid. w.e.f. . 2. subs. by act 8 of , s. 2, for period of three months w.e.f. . 3. subs. by act 32 of , s. 115, for two months w.e.f. . 4. the proviso omitted by s. 115, ibid. w.e.f. . 5. subs. by act 22 of , s. 98, for subsection 2 w.e.f. . 6. subs. by act 23 of , s. 125, for section 28ab w.e.f. .

section 71. of the customs act : no warehoused goods shall be taken out of a warehouse except on clearance for home consumption or 1export, or for removal to another warehouse, or as otherwise provided by this act. 1. subs. by act 28 of , s. 134, for reexportation w.e.f. .

section 76. of the customs act : 1 notwithstanding anything hereinbefore contained, no drawback shall be allowed 1 b in respect of any goods the marketprice of which is less than the amount of drawback due thereon c where the drawback due in respect of any goods is less than 2fifty rupees. 2 without prejudice to the provisions of subsection 1, if the central government is of opinion that goods of any specified description in respect of which drawback may be claimed under this chapter are likely to be smuggled back into india, it may, by notification in the official gazette, direct that drawback shall not be allowed in respect of such goods or may be allowed subject to such restrictions and conditions as may be specified in the notification. 3 1. clause a omitted by act 11 of , s. 53 w.e.f. . 2. subs. by s. 53, ibid., for five rupees w.e.f. . 3. chapter xa containing sections 76a to 76n omitted by act 22 of , s. 99 w.e.f. . earlier chapter xa inserted by vide notification no. 43/cus. n.t. w.e.f. dated read with notification no. 62/ cus n.t., dated no. 84/cus. n.t., dated no. 105/cus. n.t., dated and no. 116/cus. n.t., dated no. 25/cus. n.t., dated no. 46/cus. n.t., dated and no. 57/cus. n.t., dated by s. 126 of the finance act, 20 of .

section 73. of the customs act : when the whole of the goods covered by any bond executed under 1section 59 2 have been cleared for home consumption or exported or 3transferred or are otherwise duly accounted for, and when all amounts due on account of such goods have been paid, the proper officer shall cancel the bond as discharged in full, and shall on demand deliver it, so cancelled, to the person who has executed or is entitled to receive it. 1. subs. by act 55 of , s. 9, for section 59 w.e.f. . 2. the words, figures and letter or section 59a omitted by act 32 of , s. 60 w.e.f. . 3. ins. by s. 136, ibid. w.e.f. .

section 76b.. of the customs act : application of provisions. omitted by s. 99, ibid. w.e.f. .

section 74. of the customs act : 1 when any goods capable of being easily identified which have been imported into india and upon which 1any duty has been paid on importation, i are entered for export and the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51 or ii are to be exported as baggage and the owner of such baggage, for the purpose of clearing it, makes a declaration of its contents to the proper officer under section 77 which declaration shall be deemed to be an entry for export for the purposes of this section and such officer makes an order permitting clearance of the goods for exportation or iii are entered for export by post under 2clause a of section 84 and the proper officer makes an order permitting clearance of the goods for exportation, ninetyeight per cent. of such duty shall, except as otherwise hereinafter provided, be repaid as drawback, if a the goods are identified to the satisfaction of the 3assistant commissioner of customs or deputy commissioner of customs as the goods which were imported and b the goods are entered for export within two years from the date of payment of duty on the importation thereof: provided that in any particular case the aforesaid period of two years may, on sufficient cause being shown, be extended by the board by such further period as it may deem fit. 2 notwithstanding anything contained in subsection 1, the rate of drawback in the case of goods which have been used after the importation thereof shall be such as the central government, having regard to the duration of use, depreciation in value and other relevant circumstances, may, by notification in the official gazette, fix. 43 the central government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may a provide for the manner in which the identity of goods imported in different consignments which are ordinarily stored together in bulk, may be established b specify the goods which shall be deemed to be not capable of being easily identified and c provide for the manner and the time within which a claim for payment of drawback is to be filed. 4 for the purposes of this section a goods shall be deemed to have been entered for export on the date with reference to which the rate of duty is calculated under section 16 b in the case of goods assessed to duty provisionally under section 18, the date of payment of the provisional duty shall be deemed to be the date of payment of duty. 1. subs. by act 80 of , s. 6, for certain words w.e.f. . 2. subs. by act 13 of , s. 85, for section 82 w.e.f. . 3. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 4. subs. by act 22 of , s. 60, for subsection 3 w.e.f. .

section 76c.. of the customs act : establishment and control. omitted by s. 99, ibid. w.e.f. .

section 76a.. of the customs act : notification of special economic zone. omitted by the finance act, 22 of , s. 99 w.e.f. .

section 75. of the customs act : 1 where it appears to the central government that in respect of goods of any class or description 1manufactured, processed or on which any operation has been carried out in india 2, being goods which have been entered for export and in respect of which an order permitting the clearance and loading thereof for exportation has been made under section 51 by the proper officer, 3or being goods entered for export by post under 4clause a of section 84 and in respect of which an order permitting clearance for exportation has been made by the proper officer, a drawback should be allowed of duties of customs chargeable under this act on any imported materials of a class or description used in the 5manufacture or processing of such goods or carrying out any operation on such goods, the central government may, by notification in the official gazette, direct that drawback shall be allowed in respect of such goods in accordance with, and subject to, the rules made under subsection 2: 6provided that no drawback shall be allowed under this subsection in respect of any of the aforesaid goods which the central government may, by rules made under subsection 2, specify, if the export value of such goods or class of goods is less than the value of the imported materials used in the 5manufacture or processing of such goods or carrying out any operation on such goods or class of goods, or is not more than such percentage of the value of the imported materials used in the 5manufacture or processing of such goods or carrying out any operation on such goods or class of goods as the central government may, by notification in the official gazette, specify in this behalf: provided further that where any drawback has been allowed on any goods under this subsection and the sale proceeds in respect of such goods are not received by or on behalf of the exporter in india within the time allowed under the 7foreign exchange management act, 42 of , such drawback shall 8except under such circumstances or such conditions as the central government may, by rule, specify, be deemed never to have been allowed and the central government may, by rules made under subsection 2, specify the procedure for the recovery or adjustment of the amount of such drawback. 91a where it appears to the central government that the quantity of a particular material imported into india is more than the total quantity of like material that has been used in the goods 10manufactured, processed or on which any operation has been carried out in india and exported outside india, then, the central government may, by notification in the official gazette, declare that so much of the material as is contained in the goods exported shall, for the purpose of subsection 1, be deemed to be imported material. 2 the central government may make rules for the purpose of carrying out the provisions of subsection 1 and, in particular, such rules may provide 11a for the payment of drawback equal to the amount of duty actually paid on the imported materials used in the manufacture or processing of the goods or carrying out any operation on the goods or as is specified in the rules as the average amount of duty paid on the materials of that class or description used in the manufacture or processing of export goods or carrying out any operation on export goods of that class or description either by manufacturers generally or by persons processing or carrying on any operation generally or by any particular manufacturer or particular person carrying on any process or other operation, and interest if any payable thereon 6aa for specifying the goods in respect of which no drawback shall be allowed ab for specifying the procedure for recovery or adjustment of the amount of any drawback which had been allowed under subsection 1 12or interest chargeable thereon b for the production of such certificates, documents and other evidence in support of each claim of drawback as may be necessary c for requiring the 13manufacturer or the person carrying out any process or other operation to give access to every part of his manufactory to any officer of customs specially authorised in this behalf by the 14assistant commissioner of customs or deputy commissioner of customs to enable such authorised officer to inspect the processes of 15manufacture, process or any other operation carried out and to verify by actual check or otherwise the statements made in support of the claim for drawback. 16d for the manner and the time within which the claim for payment of drawback may be filed 163 the power to make rules conferred by subsection 2 shall include the power to give drawback with retrospective effect from a date not earlier than the date of changes in the rates of duty on inputs used in the export goods. 1. subs. by s. 61, ibid., for manufactured in india w.e.f. . 2. subs. by act 11 of , s. 52, for and exported to any place outside india, w.e.f. . 3. ins. by act 80 of , s. 7 w.e.f. . 4. subs. by act 13 of , s. 86, for section 82 w.e.f. . 5. subs. by act 22 of , s. 61, for manufacture of such goods w.e.f. . 6. ins. by act 49 of , s. 120 w.e.f. . 75. subs. by act 20 of , s. 125, for foreign exchange regulation act, 46 of w.e.f. . 8. ins. by act 8 of , s. 46 w.e.f. . 9. ins. by act 25 of , s. 10 w.e.f. . 10. subs. by act 22 of , s. 61, for manufactured in india w.e.f. . 11. subs. by s. 61, ibid., for clause a w.e.f. . 12. ins. by act 22 of , s. 61 w.e.f. . 13. subs. by act 22 of , s. 61, for manufacturer w.e.f. . 14. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 15. subs. by act 22 of , s. 61, for manufacture w.e.f. . 16. ins. by s. 61, ibid. w.e.f. .

section 76d.. of the customs act : admission of goods. omitted by s. 99, ibid. w.e.f. .

section 76e.. of the customs act : exemption from duties of customs. omitted by s. 99, ibid. w.e.f. .

section 76k.. of the customs act : security. omitted by s. 99, ibid. w.e.f. .

section 76g.. of the customs act : authorised operations. omitted by s. 99, ibid.w.e.f. .

section 76f.. of the customs act : levy of duties of customs. omitted by s. 99, ibid. w.e.f. .

section 76l.. of the customs act : transfer of ownership. omitted by s. 99, ibid. w.e.f. .

section 76h.. of the customs act : goods utilised with a special economic zone. omitted by s. 99, ibid. w.e.f. .

section 76n.. of the customs act : closure of a special economic zone. omitted by s. 99, ibid. w.e.f. .

section 76i.. of the customs act : drawback on goods admitted to a special economic zone. omitted by s. 99, ibid. w.e.f. 115 .

section 76j.. of the customs act : duration of stay. omitted by s. 99, ibid. w.e.f. .

section 76m.. of the customs act : removal of goods. omitted by s. 99, ibid. w.e.f. .

section 79. of the customs act : 1 the proper officer may, subject to any rules made under subsection 2, pass free of duty a any article in the baggage of a passenger or a member of the crew in respect of which the said officer is satisfied that it has been in his use for such minimum period as may be specified in the rules b any article in the baggage of a passenger in respect of which the said officer is satisfied that it is for the use of the passenger or his family or is a bona fide gift or souvenir provided that the value of each such article and the total value of all such articles does not exceed such limits as may be specified in the rules. 2 the central government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may specify a the minimum period for which any article has been used by a passenger or a member of the crew for the purpose of clause a of subsection 1 b the maximum value of any individual article and the maximum total value of all the articles which may be passed free of duty under clause b of subsection 1 c the conditions to be fulfilled before or after clearance subject to which any baggage may be passed free of duty. 3 different rules may be made under subsection 2 for different classes of persons.

section 82.. of the customs act : label or declaration accompanying goods to be treated as entry. omitted by the finance act, 7 of , s. 104 w.e.f. .

section 77. of the customs act : the owner of any baggage shall, for the purpose of clearing it, make a declaration of its contents to the proper officer.

section 78. of the customs act : the rate of duty and tariff valuation, if any, applicable to baggage shall be the rate and valuation in force on the date on which a declaration is made in respect of such baggage under section 77.

section 84. of the customs act : regulations regarding goods imported or to be exported by 1post or courier.the board may make regulations providing for 2a the form and manner in which an entry may be made in respect of goods imported or to be exported by 1post or courier b the examination, assessment to duty, and clearance of goods imported or to be exported by 1post or courier c the transit or transhipment of goods imported by 1post or courier, from one customs station to another or to a place outside india. 1. subs. by s. 89, ibid., for post w.e.f. . 2. subs. by act 7 of , s. 105, for clause a w.e.f. .

section 80. of the customs act : where the baggage of a passenger contains any article which is dutiable or the import of which is prohibited and in respect of which a true declaration has been made under section 77, the proper officer may, at the request of the passenger, detain such article for the purpose of being returned to him on his leaving india 1and if for any reason, the passenger is not able to collect the article at the time of his leaving india, the article may be returned to him through any other passenger authorised by him and leaving india or as cargo consigned in his name. 1. ins. by act 22 of , s. 63 w.e.f. .

section 81. of the customs act : the board may make regulations, a providing for the manner of declaring the contents of any baggage b providing for the custody, examination, assessment to duty and clearance of baggage c providing for the transit or transhipment of baggage from one customs station to another or to a place outside india.

section 83. of the customs act : 83. rate of duty and tariff valuation in respect of goods imported or exported by 1post or courier.1 the rate of duty and tariff value, if any, applicable to any goods imported by 1post or courier shall be the rate and valuation in force on the date on which the 2postal authorities or the authorised courier present to the proper officer a list containing the particulars of such goods for the purpose of assessing the duty thereon: provided that if such goods are imported by a vessel and the list of the goods containing the particulars was presented before the date of the arrival of the vessel, it shall be deemed to have been presented on the date of such arrival. 2 the rate of duty and tariff value, if any, applicable to any goods exported by 1post or courier shall be the rate and valuation in force on the date on which the exporter delivers such goods to the 2postal authorities or the authorised courier for exportation. 1. subs. by act 13 of , s. 88, for post w.e.f. . 2. subs. by s. 88, ibid., for postal authorities w.e.f. .

section 85.stores may be allowed to be warehoused without assessment to duty of the customs act : where any imported goods are entered for warehousing and the importer makes and subscribes to a declaration that the goods are to be supplied as stores to vessels or aircrafts without payment of import duty under this chapter, the proper officer may permit the goods to be warehoused without the goods being assessed to duty.

section 86. of the customs act : 1 any stores imported in a vessel or aircraft may, without payment of duty, remain on board such vessel or aircraft while it is in india. 2 any stores imported in a vessel or aircraft may, with the permission of the proper officer, be transferred to any vessel or aircraft as stores for consumption therein as provided in section 87 or section 90.

section 87. of the customs act : any imported stores on board a vessel or aircraft other than stores to which section 90 applies may, without payment of duty, be consumed thereon as stores during the period such vessel or aircraft is a foreigngoing vessel or aircraft.

section 92. of the customs act : 1 the consignor of any coastal goods shall make an entry thereof by presenting to the proper officer a bill of coastal goods in the prescribed form. 2 every such consignor while presenting a bill of coastal goods shall, at the foot thereof, make and subscribe to a declaration as to the truth of the contents of such bill.

section 88. of the customs act : the provisions of section 69 and chapter x shall apply to stores other than those to which section 90 applies as they apply to other goods, subject to the modifications that a for the words exported to any place outside india or the word exported, wherever they occur, the words taken on board any foreigngoing vessel or aircraft as stores shall be substituted b in the case of drawback on fuel and lubricating oil taken on board any foreigngoing aircraft as stores, subsection 1 of section 74 shall have effect as if for the words ninetyeight per cent, the words the whole were substituted.

section 89. stores to be free of export duty of the customs act : goods produced or manufactured in india and required as stores on any foreigngoing vessel or aircraft may be exported free of duty in such quantities as the proper officer may determine, having regard to the size of the vessel or aircraft, the number of passengers and crew and the length of the voyage or journey on which the vessel or aircraft is about to depart.

section 94. of the customs act : 1 the master of a vessel carrying any coastal goods shall carry on board the vessel all bills relating to such goods delivered to him under section 93 and shall, immediately on arrival of the vessel at any customs or coastal port, deliver to the proper officer of that port all bills relating to the goods which are to be unloaded at that port. 2 where any coastal goods are unloaded at any port, the proper officer shall permit clearance thereof if he is satisfied that they are entered in a bill of coastal goods delivered to him under subsection 1.

section 90.concessions in respect of imported stores for the navy of the customs act : 1 imported stores specified in subsection 3 may without payment of duty be consumed on board a ship of the indian navy. 2 the provisions of section 69 and chapter x shall apply to stores specified in subsection 3 as they apply to other goods, subject to the modifications that a for the words exported to any place outside india or the word exported wherever they occur, the words taken on board a ship of the indian navy shall be substituted b for the words ninetyeight per cent. in subsection 1 of section 74, the words the whole shall be substituted. 3 the stores referred to in subsections 1 and 2 are the following: a stores for the use of a ship of the indian navy b stores supplied free by the government for the use of the crew of a ship of the indian navy in accordance with their conditions of service.

section 91. of the customs act : the provisions of this chapter shall not apply to baggage and stores.

section 97. of the customs act : 1 the master of a vessel which has brought or loaded any coastal goods at a customs or coastal port shall not cause or permit the vessel to depart from such port until a written order to that effect has been given by the proper officer. 2 no such order shall be given until a the master of the vessel has answered the questions put to him under section 38 b all charges and penalties due in respect of that vessel or from the master thereof have been paid or the payment secured by such guarantee or deposit of such amount as the proper officer may direct c the master of the vessel has satisfied the proper officer that no penalty is leviable on him under section 116 or the payment of any penalty that may be levied upon him under that section has been secured by such guarantee or deposit of such amount as the proper officer may direct d the provisions of this chapter and any rules and regulations relating to coastal goods and vessels carrying coastal goods have been complied with.

section 93. of the customs act : the master of a vessel shall not permit the loading of any coastal goods on the vessel until a bill relating to such goods presented under section 92 has been passed by the proper officer and has been delivered to the master by the consignor.

section 95. of the customs act : 1 the master of every vessel carrying coastal goods shall be supplied by the customs authorities with a book to be called the advice book. 2 the proper officer at each port of call by such vessel shall make such entries in the advice book as he deems fit, relating to the goods loaded on the vessel at that port. 3 the master of every such vessel shall carry the advice book on board the vessel and shall on arrival at each port of call deliver it to the proper officer at that port for his inspection.

section 99a. of the customs act : 199a. audit.the proper officer may carry out the audit of assessment of imported goods or export goods or of an auditee under this act either in his office or in the premises of the auditee in such manner as may be prescribed. explanation.for the purposes of this section, auditee means a person who is subject to an audit under this section and includes an importer or exporter or custodian approved under section 45 or licensee of a warehouse and any other person concerned directly or indirectly in clearing, forwarding, stocking, carrying, selling or purchasing of imported goods or export goods or dutiable goods. 1. ins. by act 13 of , s. 90 w.e.f. .

section 96. of the customs act : no coastal goods shall be loaded on, or unloaded from, any vessel at any port other than a customs port or a coastal port appointed under section 7 for the loading or unloading of such goods.

section 100. of the customs act : 1 if the proper officer has reason to believe that any person to whom this section applies has secreted about his person, any goods liable to confiscation or any documents relating thereto, he may search that person. 2 this section applies to the following persons, namely: a any person who has landed from or is about to board, or is on board any vessel within the indian customs waters b any person who has landed from or is about to board, or is on board a foreigngoing aircraft c any person who has got out of, or is about to get into, or is in, a vehicle, which has arrived from, or is to proceed to any place outside india d any person not included in clauses a, b or c who has entered or is about to leave india e any person in a customs area.

section 98. of the customs act : 1 sections 33, 34 and 36 shall, so far as may be, apply to coastal goods as they apply to imported goods or export goods. 2 sections 37 and 38 shall, so far as may be, apply to vessels carrying coastal goods as they apply to vessels carrying imported goods or export goods. 3 the central government may, by notification in the official gazette, direct that all or any of the other provisions of chapter vi and the provisions of section 45 shall apply to coastal goods or vessels carrying coastal goods subject to such exceptions and modifications as may be specified in the notification.

section 102. of the customs act : 1 when any officer of customs is about to search any person under the provisions of section 100 or section 101, the officer of customs shall, if such person so requires, take him without unnecessary delay to the nearest gazetted officer of customs or magistrate. 2 if such requisition is made, the officer of customs may detain the person making it until he can bring him before the gazetted officer of customs or the magistrate. 3 the gazetted officer of customs or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. 4 before making a search under the provisions of section 100 or section 101, the officer of customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witness. 5 no female shall be searched by any one excepting a female.

section 98a. of the customs act : 198a. power to relax.if the central government is satisfied that it is necessary in the public interest so to do it may, by notification in the official gazette, exempt generally, either absolutely or subject to such conditions as may be specified in the notification, coastal goods or vessels carrying coastal goods from all or any of the provisions of this chapter. 1. ins. by act 22 of , s. 64 w.e.f. .

section 99. of the customs act : the central government may make rules for a preventing the taking out of india of any coastal goods the export of which is dutiable or prohibited under this act or any other law for the time being in force b preventing, in the case of a vessel carrying coastal goods as well as imported or export goods, the substitution of imported or export goods by coastal goods.

section 105. of the customs act : 1 if the 1assistant commissioner of customs or deputy commissioner of customs, or in any area adjoining the land frontier or the coast of india an officer of customs specially empowered by name in this behalf by the board, has reason to believe that any goods liable to confiscation, or any documents or things which in his opinion will be useful for or relevant to any proceeding under this act, are secreted in any place, he may authorise any officer of customs to search or may himself search for such goods, documents or things. 2 the provisions of the code of criminal procedure, 5 of , relating to searches shall, so far as may be, apply to searches under this section subject to the modification that subsection 5 of section 165 of the said code shall have effect as if for the word magistrate, wherever it occurs, the words 2principal commissioner of customs or commissioner of customs were substituted. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 99b.verification of identity and compliance thereof of the customs act : 199b. verification of identity and compliance thereof.1 the proper officer, authorised in this behalf by the principal commissioner of customs or the commissioner of customs, as the case may be, may, for the purposes of ascertaining compliance of the provisions of this act or any other law for the time being in force, require a person, whose verification he considers necessary for protecting the interest of revenue or for preventing smuggling, to do all or any of the following, namely: a undergo authentication, or furnish proof of possession of aadhaar number, in such manner and within such time as may be prescribed b submit such other document or information, in such manner and within such time as may be prescribed: provided that where such person has not been assigned the aadhaar number, or where so assigned, but authentication of such person has failed due to technical reasons or for reasons beyond his control, then, he shall be provided an opportunity to furnish such other alternative and viable means of identification in such form and manner and within such time as may be prescribed. 2 the provisions of subsection 1 shall not apply to such person or class of persons as may be prescribed. 3 notwithstanding anything contained in any other provisions of this act, where the principal commissioner of customs or the commissioner of customs comes to the conclusion, based on reasons to be recorded in writing, that the person referred to in subsection 1 has i failed to comply with the requirements of the said subsection or submitted incorrect documents or information under the said subsection, he may, by order, suspend a clearance of imported goods or export goods b sanction of refund c sanction of drawback d exemption from duty e licence or registration granted under this act or f any benefit, monetary or otherwise, arising out of import or export, relating to such person, subject to such conditions as may be prescribed ii failed authentication as required under the said subsection, he may, by order, direct that such person shall not have the benefit of any of the items specified in subclauses a to f of clause i. 4 the order of suspension under subsection 3 shall remain in force until the person concerned complies with the requirements of subsection 1 or furnishes correct document or information there under. explanation.for the purposes of this section, the expression aadhaar number shall have the same meaning as assigned to it in clause a of section 2 of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of . 1. ins. by act 23 of , s. 71 w.e.f. .

section 101. of the customs act : 1 without prejudice to the provisions of section 100, if an officer of customs empowered in this behalf by general or special order of the 1principal commissioner of customs or commissioner of customs, has reason to believe that any person has secreted about his person any goods of the description specified in subsection 2 which are liable to confiscation, or documents relating thereto, he may search that person. 2 the goods referred to in subsection 1 are the following: a gold b diamonds c manufactures of gold or diamonds d watches e any other class of goods which the central government may, by notification in the official gazette, specify. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 103. of the customs act : 11 where the proper officer has reason to believe that any person referred to in subsection 2 of section 100 has any goods liable to confiscation secreted inside his body, he may detain such person and shall, a with the prior approval of the deputy commissioner of customs or assistant commissioner of customs, as soon as practicable, screen or scan such person using such equipment as may be available at the customs station, but without prejudice to any of the rights available to such person under any other law for the time being in force, including his consent for such screening or scanning, and forward a report of such screening or scanning to the nearest magistrate if such goods appear to be secreted inside his body or b produce him without unnecessary delay before the nearest magistrate. 2 a magistrate before whom any person is brought under subsection 1 shall, if he sees no reasonable ground for believing that such person has any such goods secreted inside his body, forthwith discharge such person. 3 where any such magistrate has reasonable ground for believing that such person has any such goods secreted inside his body and the magistrate is satisfied that for the purpose of discovering such goods it is necessary to have the body of such person screened or xrayed, he may make an order to that effect. 4 where a magistrate has made any order under subsection 3, in relation to any person, the proper officer shall, as soon as practicable, take such person before a radiologist possessing qualifications recognized by the central government for the purpose of this section, and such person shall allow the radiologist to screen or xray his body. 5 a radiologist before whom any person is brought under subsection 4 shall, after screening or xraying the body of such person, forward his report, together with any xray pictures taken by him, to the magistrate without unnecessary delay. 6 where on receipt of a report 2from the proper officer under clause a of subsection 1 or from a radiologist under subsection 5 or otherwise, the magistrate is satisfied that any person has any goods liable to confiscation secreted inside his body, he may direct that suitable action for bringing out such goods be taken on the advice and under the supervision of a registered medical practitioner and such person shall be bound to comply with such direction: provided that in the case of a female no such action shall be taken except on the advice and under the supervision of a female registered medical practitioner. 7 where any person is brought before a magistrate under this section, such magistrate may for the purpose of enforcing the provisions of this section order such person to be kept in such custody and for such period as he may direct. 8 nothing in this section shall apply to any person referred to in subsection 1, who admits that goods liable to confiscation are secreted inside his body, and who voluntarily submits himself for suitable action being taken for bringing out such goods. explanation.for the purposes of this section, the expression registered medical practitioner means any person who holds a qualification granted by an authority specified in the schedule to the indian medical degrees act, 7 of , or notified under section 3 of that act, or by an authority specified in any of the schedules to the indian medical council act, of . 1. subs. by act 23 of , s. 72, for subsection 1 w.e.f. . 2. ins. by s. 72, ibid. w.e.f. .

section 104. of the customs act : 11 if an officer of customs empowered in this behalf by general or special order of the 2principal commissioner of customs or commissioner of customs has reason to believe that any person 3 has committed an offence punishable under section 132 or section 133 or section 135 or section 135a or section 136, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. 2 every person arrested under subsection 1 shall, without unnecessary delay, be taken to a magistrate. 3 where an officer of customs has arrested any person under subsection 1, he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officerincharge of a policestation has and is subject to under the code of criminal procedure, 5 of . 44 notwithstanding anything contained in the code of criminal procedure, 2 of , any offence relating to a prohibited goods or b evasion or attempted evasion of duty exceeding fifty lakh 5rupees or, shall be cognizable. 6c fraudulently availing of or attempting to avail drawback or any exemption from duty provided under this act, where the amount of drawback or exemption from duty exceeds fifty lakh rupees or d fraudulently obtaining an instrument for the purposes of this act or the foreign trade development and regulation act, 22 of , and such instrument is utilised under this act, where duty relatable to such utilisation of instrument exceeds fifty lakh rupees. 5 save as otherwise provided in subsection 4, all other offences under the act shall be noncognizable. 76 notwithstanding anything contained in the code of criminal procedure, , 2 of an offence punishable under section 135 relating to a evasion or attempted evasion of duty exceeding fifty lakh rupees or b prohibited goods notified under section 11 which are also notified under subclause c of clause i of subsection 1 of section 135 or c import or export of any goods which have not been declared in accordance with the provisions of this act and the market price of which exceeds one crore rupees or d fraudulently availing of or attempt to avail of drawback or any exemption from duty provided under this act, if the amount of drawback or exemption from duty exceeds fifty lakh 5rupees or, shall be nonbailable. 6e fraudulently obtaining an instrument for the purposes of this act or the foreign trade development and regulation act, 22 of , and such instrument is utilised under this act, where duty relatable to such utilisation of instrument exceeds fifty lakh rupees. 7 save as otherwise provided in subsection 6, all other offences under this act shall be bailable. 6explanation.for the purposes of this section, the expression instrument shall have the same meaning as assigned to it in explanation 1 to section 28aaa. 1. subs. by act 29 of , s. 24, for subsection 1 w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 3. the words in india or within the indian customs waters omitted by act 23 of , s. 73 w.e.f. . 4. subs. by act 23 of , s. 126, for subsection 4 w.e.f. . 5. subs. by act 23 of , s. 73, for rupees, w.e.f. . 6. ins. by s. 73, ibid. w.e.f. . 7. subs. by act 17 of , s. 75, for subsection 6 w.e.f. .

section 106. of the customs act : 1 where the proper officer has reason to believe that any aircraft, vehicle or animal in india or any vessel in india or within the indian customs waters has been, is being, or is about to be, used in the smuggling of any goods or in the carriage of any goods which have been smuggled, he may at any time stop any such vehicle, animal or vessel or, in the case of an aircraft, compel it to land, and a rummage and search any part of the aircraft, vehicle or vessel b examine and search any goods in the aircraft, vehicle or vessel or on the animal c break open the lock of any door or package for exercising the powers conferred by clauses a and b, if the keys are withheld. 2 where for the purposes of subsection 1 a it becomes necessary to stop any vessel or compel any aircraft to land, it shall be lawful for any vessel or aircraft in the service of the government while flying her proper flag and any authority authorised in this behalf by the central government to summon such vessel to stop or the aircraft to land, by means of an international signal, code or other recognized means, and thereupon, such vessel shall forthwith stop or such aircraft shall forthwith land and if it fails to do so, chase may be given thereto by any vessel or aircraft as aforesaid and if after a gun is fired as a signal the vessel fails to stop or the aircraft fails to land, it may be fired upon b it becomes necessary to stop any vehicle or animal, the proper officer may use all lawful means for stopping it, and where such means fail, the vehicle or animal may be fired upon.

section 106a. of the customs act : 1106a. power to inspect.any proper officer authorised in this behalf by the 2principal commissioner of customs or commissioner of customs may, for the purpose of ascertaining whether or not the requirements of this act have been complied with, at any reasonable time, enter any place intimated under chapter iva or chapter ivb, as the case may be, and inspect the goods kept or stored therein and require any person found therein, who is for the time being in charge thereof, to produce to him for his inspection the accounts maintained under the said chapter iva or chapter ivb, as the case may be, and to furnish to him such other information as he may reasonably require for the purpose of ascertaining whether or not such goods have been illegally imported, exported or are likely to be illegally exported. 1. ins. by act 12 of , s. 3 w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 107. of the customs act : any officer of customs empowered in this behalf by general or special order of the 1principal commissioner of customs or commissioner of customs may, during the course of any enquiry in connection with the smuggling of any goods, a require any person to produce or deliver any document or thing relevant to the enquiry b examine any person acquainted with the facts and circumstances of the case. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 108. of the customs act : 11 any gazetted officer of customs 2 shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making under this act. 2 a summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. 3 all persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents and other things as may be required: provided that the exemption under section 132 of the code of civil procedure, 5 of , shall be applicable to any requisition for attendance under this section. 4 every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code, 45 of . 1. subs. by act 29 of , s. 25, for subsection 1 w.e.f. . 2. the words duly empowered by the central government in this behalf, omitted by act 18 of , s. 69 w.e.f. .

section 108a. obligation to furnish information of the customs act : 1108a. obligation to furnish information.1 any person, being a a local authority or other public body or association or b any authority of the state government responsible for the collection of value added tax or sales tax or any other tax relating to the goods or services or c an incometax authority appointed under the provisions of the income tax act, 43 of or d a banking company within the meaning of clause a of section 45a of the reserve bank of india act, 2 of or e a cooperative bank within the meaning of clause dd of section 2 of the deposit insurance and credit guarantee corporation act, 45 of or f a financial institution within the meaning of clause c, or a nonbanking financial company within the meaning of clause f, of section 45i of the reserve bank of india act, 2 of or g a state electricity board or an electricity distribution or transmission licensee under the electricity act, 36 of , or any other entity entrusted, as the case may be, with such functions by the central government or the state government or h the registrar or subregistrar appointed under section 6 of the registration act, 16 of or i a registrar within the meaning of the companies act, 18 of or j the registering authority empowered to register motor vehicles under chapter iv of the motor vehicles act, 59 of or k the collector referred to in clause c of section 3 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 30 of or l the recognised stock exchange referred to in clause f of section 2 of the securities contracts regulation act, 42 of or m a depository referred to in clause e of subsection 1 of section 2 of the depositories act, 22 of or n the post master general within the meaning of clause j of section 2 of the indian post office act, 6 of or o the director general of foreign trade within the meaning of clause d of section 2 of the foreign trade development and regulation act, 22 of or p the general manager of a zonal railway within the meaning of clause 18 of section 2 of the railways act, 24 of or q an officer of the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of , who is responsible for maintaining record of registration or statement of accounts or holding any other information under any of the acts specified above or under any other law for the time being in force, which is considered relevant for the purposes of this act, shall furnish such information to the proper officer in such manner as may be prescribed by rules made under this act. 2 where the proper officer considers that the information furnished under subsection 1 is defective, he may intimate the defect to the person who has furnished such information and give him an opportunity of rectifying the defect within a period of seven days from the date of such intimation or within such further period which, on an application made in this behalf, the proper officer may allow and if the defect is not rectified within the said period of seven days or, further period, as the case may be, so allowed, then, notwithstanding anything contained in any other provision of this act, such information shall be deemed as not furnished and the provisions of this act shall apply. 3 where a person who is required to furnish information has not furnished the same within the time specified in subsection 1 or subsection 2, the proper officer may serve upon him a notice requiring him to furnish such information within a period not exceeding thirty days from the date of service of the notice and such person shall furnish such information. 1. ins. by act 18 of , s. 3 w.e.f. .

section 110a. of the customs act : 1110a. provisional release of goods, documents and things seized 2or bank account provisionally attached pending adjudication.any goods, documents or things seized 2or bank account provisionally attached under section 110, may, pending the order of the 3adjudicating authority, be released to the owner 2or the bank account holder on taking a bond from him in the proper form with such security and conditions as the 4adjudicating authority may require. 1. ins. by act 29 of , s. 26 w.e.f. . 2. ins. by act 23 of , s. 75 w.e.f. . 3. subs. by act 8 of , s. 47, for adjudicating officer w.e.f. . 4. subs. by s. 47, ibid., for commissioner of customs w.e.f. .

section 108b. of the customs act : 1108b. penalty for failure to furnish information return.where the person who is required to furnish information under section 108a fails to do so within the period specified in the notice issued under subsection 3 thereof, the proper officer may direct such person to pay, by way of penalty, a sum of one hundred rupees for each day of the period during which the failure to furnish such information continue. 1. ins. by act 18 of , s. 3 w.e.f. .

section 109. of the customs act : any officer of customs appointed for any area adjoining the land frontier of india and empowered in this behalf by general or special order of the board, may require any person in possession of any goods which such officer has reason to believe to have been imported into india by land, to produce the order made under section 47 permitting clearance of the goods: provided that nothing in this section shall apply to any imported goods passing from a land frontier to a land customs station by a route appointed under clause c of section 7.

section 109a. of the customs act : 1109a. power to undertake controlled delivery.notwithstanding anything contained in this act, the proper officer or any other officer authorised by him in this behalf, may undertake controlled delivery of any consignment of such goods and in such manner as may be prescribed, to a any destination in india or b a foreign country, in consultation with the competent authority of such country to which such consignment is destined. explanation.for the purposes of this section controlled delivery means the procedure of allowing consignment of such goods to pass out of, or into, the territory of india with the knowledge and under the supervision of proper officer for identifying the persons involved in the commission of an offence or contravention under this act. 1. ins. by act 13 of , s. 91 w.e.f. .

section 111. of the customs act : the following goods brought from a place outside india shall be liable to confiscation: a any goods imported by sea or air which are unloaded or attempted to be unloaded at any place other than a customs port or customs airport appointed under clause a of section 7 for the unloading of such goods b any goods imported by land or inland water through any route other than a route specified in a notification issued under clause c of section 7 for the import of such goods c any dutiable or prohibited goods brought into any bay, gulf, creek or tidal river for the purpose of being landed at a place other than a customs port d any goods which are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force e any dutiable or prohibited goods found concealed in any manner in any conveyance f any dutiable or prohibited goods required to be mentioned under the regulations in an 1arrival manifest or import manifest or import report which are not so mentioned g any dutiable or prohibited goods which are unloaded from a conveyance in contravention of the provisions of section 32, other than goods inadvertently unloaded but included in the record kept under subsection 2 of section 45 h any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention of the provisions of section 33 or section 34 i any dutiable or prohibited goods found concealed in any manner in any package either before or after the unloading thereof j any dutiable or prohibited goods removed or attempted to be removed from a customs area or a warehouse without the permission of the proper officer or contrary to the terms of such permission k any dutiable or prohibited goods imported by land in respect of which the order permitting clearance of the goods required to be produced under section 109 is not produced or which do not correspond in any material particular with the specification contained therein l any dutiable or prohibited goods which are not included or are in excess of those included in the entry made under this act, or in the case of baggage in the declaration made under section 77 m 2any goods which do not correspond in respect of value or in any other particular with the entry made under this act or in the case of baggage with the declaration made under section 77 3in respect thereof, or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to subsection 1 of section 54 n any dutiable or prohibited goods transited with or without transhipment or attempted to be so transited in contravention of the provisions of chapter viii o any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this act or any other law for the time being in force, in respect of which the condition is not observed unless the nonobservance of the condition was sanctioned by the proper officer 4p any notified goods in relation to which any provisions of chapter iva or of any rule made under this act for carrying out the purposes of that chapter have been contravened. 5q any goods imported on a claim of preferential rate of duty which contravenes any provision of chapter vaa or any rule made thereunder. 1. subs. by act 13 of , s. 56, for import manifest w.e.f. . 2. subs. by act 36 of , s. 2, for any dutiable or prohibited goods which do not correspond in any material particular w.e.f. . 3. subs. by act 27 of , s. 108, for in respect thereof, w.e.f. . 4. ins. by act 12 of , s. 4 w.e.f. . 5. ins. by act 12 of , s. 113 w.e.f. .

section 110. of the customs act : 1 if the proper officer has reason to believe that any goods are liable to confiscation under this act, he may seize such goods: 1provided that where it is not practicable to remove, transport, store or take physical possession of the seized goods for any reason, the proper officer may give custody of the seized goods to the owner of the goods or the beneficial owner or any person holding himself out to be the importer, or any other person from whose custody such goods have been seized, on execution of an undertaking by such person that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer: provided further that where it is not practicable to seize any such goods, the proper officer may serve an order on the owner of the goods or the beneficial owner or any person holding himself out to be importer, or any other person from whose custody such goods have been found, directing that such person shall not remove, part with, or otherwise deal with such goods except with the previous permission of such officer. 21a the central government may, having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification in the official gazette, specify the goods or class of goods which shall, as soon as may be after its seizure under subsection 1, be disposed of by the proper officer in such manner as the central government may, from time to time, determine after following the procedure hereinafter specified. 1b where any goods, being goods specified under subsection 1a, have been seized by a proper officer under subsection 1, he shall prepare an inventory of such goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceedings under this act and shall make an application to a magistrate for the purpose of a certifying the correctness of the inventory so prepared or b taking, in the presence of the magistrate, photographs of such goods, and certifying such photographs as true or c allowing to draw representative samples of such goods, in the presence of the magistrate, and certifying the correctness of any list of samples so drawn. 1c where an application is made under subsection 1b, the magistrate shall, as soon as may be, allow the application. 31d where the goods seized under subsection 1 is gold in any form as notified under subsection 1a, then, the proper officer shall, instead of making an application under subsection 1b to the magistrate, make such application to the commissioner appeals having jurisdiction, who shall, as soon as may be, allow the application and thereafter, the proper officer shall dispose of such goods in such manner as the central government may determine. 2 where any goods are seized under subsection 1 and no notice in respect thereof is given under clause a of section 124 within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized: 4provided that the principal commissioner of customs or commissioner of customs may, for reasons to be recorded in writing, extend such period to a further period not exceeding six months and inform the person from whom such goods were seized before the expiry of the period so specified: provided further that where any order for provisional release of the seized goods has been passed under section 110a, the specified period of six months shall not apply. 3 the proper officer may seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this act. 4 the person from whose custody any documents are seized under subsection 3 shall be entitled to make copies thereof or take extracts therefrom in the presence of an officer of customs. 55 where the proper officer, during any proceedings under the act, is of the opinion that for the purposes of protecting the interest of revenue or preventing smuggling, it is necessary so to do, he may, with the approval of the principal commissioner of customs or commissioner of customs, by order in writing, provisionally attach any bank account for a period not exceeding six months: provided that the principal commissioner of customs or commissioner of customs may, for reasons to be recorded in writing, extend such period to a further period not exceeding six months and inform such extension of time to the person whose bank account is provisionally attached, before the expiry of the period so specified. 1. subs. by act 23 of , s. 74, for the proviso w.e.f. . 2. ins. by act 80 of , s. 8 w.e.f. . 3. ins. by act 13 of , s. 94 w.e.f. . 3. subs. by act 13 of , s. 92, for the proviso w.e.f. . 4. ins. by act 23 of , s. 74 w.e.f. .

section 110aa.action subsequent to inquiry, investigation or audit or any other specified purpose of the customs act : 1110aa. action subsequent to inquiry, investigation or audit or any other specified purpose.where in pursuance of any proceeding, in accordance with chapter xiia or this chapter, if an officer of customs has reasons to believe that a any duty has been shortlevied, not levied, shortpaid or not paid in a case where assessment has already been made b any duty has been erroneously refunded c any drawback has been erroneously allowed or d any interest has been shortlevied, not levied, shortpaid or not paid, or erroneously refunded, then such officer of customs shall, after causing inquiry, investigation, or as the case may be, audit, transfer the relevant documents, along with a report in writing i to the proper officer having jurisdiction, as assigned under section 5 in respect of assessment of such duty, or to the officer who allowed such refund or drawback or ii in case of multiple jurisdictions, to an officer of customs to whom such matter is assigned by the board, in exercise of the powers conferred under section 5, and thereupon, power exercisable under sections 28, 28aaa or chapter x, shall be exercised by such proper officer or by an officer to whom the proper officer is subordinate in accordance with subsection 2 of section 5. 1 ins. by act 6 of , s. 94 w.e.f. .

section 114aa. of the customs act : 1 114aa. penalty for use of false and incorrect material.if a person knowingly or intentionally makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document which is false or incorrect in any material particular, in the transaction of any business for the purposes of this act, shall be liable to a penalty not exceeding five times the value of goods. 1. ins. by act 29 of , s. 27 w.e.f. .

section 112. of the customs act : any person, a who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 111, or abets the doing or omission of such an act, or b who acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing, or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111, shall be liable, i in the case of goods in respect of which any prohibition is in force under this act or any other law for the time being in force, to a penalty 1not exceeding the value of the goods or five thousand rupees, whichever is the greater 2ii in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114a, to a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher: provided that where such duty as determined under subsection 8 of section 28 and the interest payable thereon under section 28aa is paid within thirty days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twentyfive per cent. of the penalty so determined 3iii in the case of goods in respect of which the value stated in the entry made under this act or in the case of baggage, in the declaration made under section 77 in either case hereafter in this section referred to as the declared value is higher than the value thereof, to a penalty 4not exceeding the difference between the declared value and the value thereof or five thousand rupees, whichever is the greater iv in the case of goods falling both under clauses i and iii, to a penalty 5not exceeding the value of the goods or the difference between the declared value and the value thereof or five thousand rupees, whichever is the highest v in the case of goods falling both under clauses ii and iii, to a penalty 6not exceeding the duty sought to be evaded on such goods or the difference between the declared value and the value thereof or five thousand rupees, whichever is the highest. 1. subs. by act 14 of , s. 107, for not exceeding five times the value of the goods or one thousand rupees w.e.f. . 2. subs. by act 20 of , s. 83, for subclause ii w.e.f. . 3. ins. by act 36 of , s. 3 w.e.f. . 4. subs. by act 14 of , s. 107, for not exceeding five times the difference between the declared value and the value thereof or one thousand rupees w.e.f. . 5. subs. by s. 107, ibid., for not exceeding five times the value of the goods or five times the difference between the declared value and the value thereof or one thousand rupees w.e.f. . 6. subs. by s. 107, ibid., for not exceeding five times the duty sought to be evaded on such goods or five times the difference between the declared value and the value thereof or one thousand rupees w.e.f. .

section 113. of the customs act : the following export goods shall be liable to confiscation: a any goods attempted to be exported by sea or air from any place other than a customs port or a customs airport appointed for the loading of such goods b any goods attempted to be exported by land or inland water through any route other than a route specified in a notification issued under clause c of section 7 for the export of such goods c any 1 goods brought near the land frontier or the coast of india or near any bay, gulf, creek creek or tidal river for the purpose of being exported from a place other than a land customs station or a customs port appointed for the loading of such goods d any goods attempted to be exported or brought within the limits of any customs area for the purpose of being exported, contrary to any prohibition imposed by or under this act or any other law for the time being in force e any 1 goods found concealed in a package which is brought within the limits of a customs area for the purpose of exportation f any 1 goods which are loaded or attempted to be loaded in contravention of the provisions of section 33 or section 34 g any 1 goods loaded or attempted to be loaded on any conveyance, or waterborne, or attempted to be waterborne for being loaded on any vessel, the eventual destination of which is a place outside india, without the permission of the proper officer h any 1 goods which are not included or are in excess of those included in the entry made under this act, or in the case of baggage in the declaration made under section 77 2i any goods entered for exportation which do not correspond in respect of value or in any material particular with the entry made under this act or in the case of baggage with the declaration made under section 77 3ii any goods entered for exportation under claim for drawback which do not correspond in any material particular with any information furnished by the exporter or manufacturer under this act in relation to the fixation of rate of drawback under section 75 j any goods on which import duty has not been paid and which are entered for exportation under a claim for drawback under section 74 4ja any goods entered for exportation under claim of remission or refund of any duty or tax or levy to make a wrongful claim in contravention of the provisions of this act or any other law for the time being in force k any goods cleared for exportation 5 which are not loaded for exportation on account of any wilful act, negligence or default of the exporter, his agent or employee, or which after having been loaded for exportation are unloaded without the permission of the proper officer 6l any specified goods in relation to which any provisions of chapter ivb or of any rule made under this act for carrying out the purposes of that chapter have been contravened. 1. the words dutiable or prohibited omitted by act 32 of , s. 116 w.e.f. . 2. subs. by act 32 of , s. 116, for clause i w.e.f. . 3. ins. by act 13 of , s. 95 w.e.f. . 4. ins. by act 49 of , s. 120 w.e.f. . 5. the words under a claim for drawback omitted by act 32 of , s. 116 w.e.f. . 6. ins. by act 12 of , s. 5 w.e.f. .

section 115. of the customs act : 1 the following conveyances shall be liable to confiscation: a any vessel which is or has been within the indian customs waters, any aircraft which is or has been in india, or any vehicle which is or has been in a customs area, while constructed, adapted, altered or fitted in any manner for the purpose of concealing goods b any conveyance from which the whole or any part of the goods is thrown overboard, staved or destroyed so as to prevent seizure by an officer of customs c any conveyance which having been required to stop or land under section 106 fails to do so, except for good and sufficient cause d any conveyance from which any warehoused goods cleared for exportation, or any other goods cleared for exportation under a claim for drawback, are unloaded, without the permission of the proper officer e any conveyance carrying imported goods which has entered india and is afterwards found with the whole or substantial portion of such goods missing, unless the master of the vessel or aircraft is able to account for the loss of, or deficiency in, the goods. 2 any conveyance or animal used as a means of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable to confiscation, unless the owner of the conveyance or animal proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal 1: provided that where any such conveyance is used for the carriage of goods or passengers for hire, the owner of any conveyance shall be given an option to pay in lieu of the confiscation of the conveyance a fine not exceeding the market price of the goods which are sought to be smuggled or the smuggled goods, as the case may be. explanation.in this section, market price means market price at the date when the goods are seized. 1. the words and that each of them had taken all such precautions against such use as are for the time being specified in the rules omitted by act 26 of , s. 79 w.e.f. .

section 114. of the customs act : any person who, in relation to any goods, does or omits to do any act which act or omission would render such goods liable to confiscation under section 113, or abets the doing or omission of such an act, shall be liable, i in the case of goods in respect of which any prohibition is in force under this act or any other law for the time being in force, to a penalty 1not exceeding three times the value of the goods as declared by the exporter or the value as determined under this act, whichever is the greater 2ii in the case of dutiable goods, other than prohibited goods, subject to the provisions of section 114a, to a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher: provided that where such duty as determined under subsection 8 of section 28 and the interest payable thereon under section 28aa is paid within thirty days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twentyfive per cent. of the penalty so determined 3iii in the case of any other goods, to a penalty not exceeding the value of the goods, as declared by the exporter or the value as determined under this act, whichever is the greater. 1. subs. by act 32 of , s. 117, for not exceeding the value of the goods or five thousand rupees w.e.f. . 2. subs. by act 20 of , s. 84, for clause ii w.e.f. . 3. subs. by act 32 of , s. 117, for clause iii w.e.f. .

section 114a. of the customs act : 1114a. penalty for shortlevy or nonlevy of duty in certain cases.where the duty has not been been levied or has been shortlevied or the interest has not been charged or paid or has been part paid or the duty or interest has been erroneously refunded by reason of collusion or any wilful misstatement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under 2subsection 8 of section 28 shall, also be liable to pay a penalty equal to the duty or interest so determined: 3provided that where such duty or interest, as the case may be, as determined under 2subsection 8 of section 28, and the interest payable thereon under section 428aa, is paid within thirty days from the date of the communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twentyfive per cent. of the duty or interest, as the case may be, so determined: provided further that the benefit of reduced penalty under the first proviso shall be available subject to the condition that the amount of penalty so determined has also been paid within the period of thirty days referred to in that proviso: provided also that where the duty or interest determined to be payable is reduced or increased by the commissioner appeals, the appellate tribunal or, as the case may be, the court, then, for the purposes of this section, the duty or interest as reduced or increased, as the case may be, shall be taken into account: provided also that in a case where the duty or interest determined to be payable is increased by the commissioner appeals, the appellate tribunal or, as the case may be, the court, then, the benefit of reduced penalty under the first proviso shall be available if the amount of the duty or the interest so increased, along with the interest payable thereon under section 528aa, and twentyfive per cent. of the consequential increase in penalty have also been paid within thirty days of the communication of the order by which such increase in the duty or interest takes effect: provided also that where any penalty has been levied under this section, no penalty shall be levied under section 112 or section 114. explanation.for the removal of doubts, it is hereby declared that i the provisions of this section shall also apply to cases in which the order determining the duty or interest under 6subsection 8 of section 28 relates to notices issued prior to the date on which the finance act, 10 of receives the assent of the president ii any amount paid to the credit of the central government prior to the date of communication of the order referred to in the first proviso or the fourth proviso shall be adjusted against the total amount due from such person. 1. ins. by act 33 of , s. 64 w.e.f. . 2. subs. by act 8 of , s. 48, for subsection 2 of section 28 w.e.f. . 3. subs. by act 10 of , s. 85, for the first and second provisos w.e.f. . 4. subs. by act 8 of , s. 48, for 28ab w.e.f. . 5. subs. by act 8 of , s. 48, for 28ab w.e.f. . 6. subs. by s. 48, ibid., for subsection 2 of section 28 w.e.f. .

section 117., not expressly mentioned. of the customs act : any person who contravenes any provision of this act or abets any such contravention or who fails to comply with any provision of this act with which it was his duty to comply, where no express penalty is elsewhere provided for such contravention or failure, shall be liable to a penalty not exceeding 1four lakh rupees. 1. subs. by act 23 of , s. 77, for one lakh rupees w.e.f. .

section 114ab. of the customs act : 1114ab. penalty for obtaining instrument by fraud, etc.where any person has obtained any instrument by fraud, collusion, willful misstatement or suppression of facts and such instrument has been utilised by such person or any other person for discharging duty, the person to whom the instrument was issued shall be liable for penalty not exceeding the face value of such instrument. explanation.for the purposes of this section, the expression instrument shall have the same meaning as assigned to it in the explanation 1 to section 28aaa. 1. ins. by act 23 of , s. 76 w.e.f. .

section 114ac. of the customs act : 1114ac. penalty for fraudulent utilisation of input tax credit for claiming refund.where any person has obtained any invoice by fraud, collusion, wilful misstatement or suppression of facts to utilise input tax credit on the basis of such invoice for discharging any duty or tax on goods that are entered for exportation under claim of refund of such duty or tax, such person shall be liable for penalty not exceeding five times the refund claimed. explanation.for the purposes of this section, the expression input tax credit shall have the same meaning as assigned to it in clause 63 of section 2 of the central goods and services tax act, 12 of . 1. ins. by act 13 of , s. 96 w.e.f. .

section 120. of the customs act : 1 smuggled goods may be confiscated notwithstanding any change in their form. 2 where smuggled goods are mixed with other goods in such manner that the smuggled goods cannot be separated from such other goods, the whole of the goods shall be liable to confiscation: provided that where the owner of such goods proves that he had no knowledge or reason to believe that they included any smuggled goods, only such part of the goods the value of which is equal to the value of the smuggled goods shall be liable to confiscation.

section 116. of the customs act : if any goods loaded in a conveyance for importation into india, or any goods transhipped under the provisions of this act or coastal goods carried in a conveyance, are not unloaded at their place of destination in india, or if the quantity unloaded is short of the quantity to be unloaded at that destination, and if the failure to unload or the deficiency is not accounted for to the satisfaction of the 1assistant commissioner of customs or deputy commissioner of customs, the personincharge of the conveyance shall be liable, a in the case of goods loaded in a conveyance for importation into india or goods transhipped under the provisions of this act, to a penalty not exceeding twice the amount of duty that would have been chargeable on the goods not unloaded or the deficient goods, as the case may be, had such goods been imported b in the case of coastal goods, to a penalty not exceeding twice the amount of export duty that would have been chargeable on the goods not unloaded or the deficient goods, as the case may be, had such goods been exported. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 118. of the customs act : a where any goods imported in a package are liable to confiscation, the package and any other goods imported in that package shall also be liable to confiscation. b where any goods are brought in a package within the limits of a customs area for the purpose of exportation and are liable to confiscation, the package and any other goods contained therein shall also be liable to confiscation.

section 119. confiscation of goods used for concealing smuggled goods of the customs act : any goods used for concealing smuggled goods shall also be liable to confiscation. explanation.in this section, goods does not include a conveyance used as a means of transport.

section 121. of the customs act : where any smuggled goods are sold by a person having knowledge or reason to believe that the goods are smuggled goods, the saleproceeds thereof shall be liable to confiscation.

section 122. of the customs act : in every case under this chapter in which anything is liable to confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged, a without limit, by a 1principal commissioner of customs or commissioner of customs or a 2joint commissioner of customs 3b up to such limit, by such officers, as the board may, by notification, specify 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. subs. by act 27 of , s. 100, for deputy commissioner of customs w.e.f. . 3. subs. by act 13 of , s. 93, for clauses b and c w.e.f. .

section 126. of the customs act : 1 when any goods are confiscated under this act, such goods shall thereupon vest in the central government. 2 the officer adjudging confiscation shall take and hold possession of the confiscated goods.

section 122a. of the customs act : 1122a. adjudication procedure.1 the adjudicating authority shall, in any proceeding under this chapter or any other provision of this act, give an opportunity of being heard to a party in a proceeding, if the party so desires. 2 the adjudicating authority may, if sufficient cause is shown at any stage of proceeding referred to in subsection 1, grant time, from time to time, to the parties or any of them and adjourn the hearing for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during the proceeding. 1. ins. by act 23 of , s. 67 w.e.f. .

section 123. of the customs act : 11 where any goods to which this section applies are seized under this act in the reasonable belief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be a in a case where such seizure is made from the possession of any person, i on the person from whose possession the goods were seized and ii if any person, other than the person from whose possession the goods were seized, claims to be the owner thereof, also on such other person b in any other case, on the person, if any, who claims to be the owner of the goods so seized. 2 this section shall apply to gold, 2and manufactures thereof, watches, and any other class of goods which the central government may by notification in the official gazette specify. 1. subs. by act 36 of , s. 4, for subsection 1 w.e.f. . 2. subs. by act 40 of , s. 2, for , diamonds, manufactures of gold or diamonds w.e.f. .

section 124. of the customs act : no order confiscating any goods or imposing any penalty on any person shall be made under this chapter unless the owner of the goods or such person a is given a notice in 1writing with the prior approval of the officer of customs not below the rank of 2an assistant commissioner of customs, informing him of the grounds on which it is proposed to confiscate the goods or to impose a penalty b is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation or imposition of penalty mentioned therein and c is given a reasonable opportunity of being heard in the matter: provided that the notice referred to in clause a and the representation referred to in clause b may, at the request of the person concerned be oral. 3provided further that notwithstanding issue of notice under this section, the proper officer may issue a supplementary notice under such circumstances and in such manner as may be prescribed. 1. subs. by act 29 of , s. 28, for writing informing w.e.f. . 2. subs. by act 8 of , s. 49, for a deputy commissioner of customs w.e.f. . 3. the proviso ins. by act 13 of , s. 94 w.e.f. .

section 125. of the customs act : 1 whenever confiscation of any goods is authorised by this act, the officer adjudging it may, in the case of any goods, the importation or exportation whereof is prohibited under this act or under any other law for the time being in force, and shall, in the case of any other goods, give to the owner of the goods 1or, where such owner is not known, the person from whose possession or custody such goods have been seized, an option to pay in lieu of confiscation such fine as the said officer thinks fit: 2provided that where the proceedings are deemed to be concluded under the proviso to subsection 2 of section 28 or under clause i of subsection 6 of that section in respect of the goods which are not prohibited or restricted, 3no such fine shall be imposed: provided further that, without prejudice to the provisions of the proviso to subsection 2 of section 115, such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods the duty chargeable thereon. 42 where any fine in lieu of confiscation of goods is imposed under subsection 1, the owner of such goods or the person referred to in subsection 1, shall, in addition, be liable to any duty and charges payable in respect of such goods. 53 where the fine imposed under subsection 1 is not paid within a period of one hundred and twenty days from the date of option given thereunder, such option shall become void, unless an appeal against such order is pending. explanation.for removal of doubts, it is hereby declared that in cases where an order under subsection 1 has been passed before the date on which the finance bill, receives the assent of the president and no appeal is pending against such order as on that date, the option under said subsection may be exercised within a period of one hundred and twenty days from the date on which such assent is received. 1. ins. by act 80 of , s. 9 w.e.f. . 2. subs. by act 13 of , s. 95, for provided that w.e.f. . 3. subs. by act 23 of , s. 78, for the provisions of this section shall not apply w.e.f. . 4. subs. by act 80 of , s. 9, for subsection 2 w.e.f. . 5. ins. by act 13 of , s. 95 w.e.f. .

section 127g., of reports. of the customs act : no person shall be entitled to inspect, or obtain copies of, any report made by any officer of the customs to the settlement commission but the settlement commission may, in its discretion, furnish copies thereof to any such person on an application made to it in this behalf and on payment of such fee as may be specified by rules: provided that, for the purpose of enabling any person whose case is under consideration to rebut any evidence brought on record against him in any such report, the settlement commission shall, on an application made in this behalf, and on payment by such person of such fee as may be specified by rules, furnish him with a certified copy of any such report or part thereof relevant for the purpose.

section 127. of the customs act : the award of any confiscation or penalty under this act by an officer of customs shall not prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of chapter xvi of this act or under any other law.

section 127a. of the customs act : 1127a. definitions.in this chapter, unless the context otherwise requires, a bench means a bench of the settlement commissioner 2b case means any proceeding under this act or any other act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date on which an application under subsection 1 of section 127b is made: provided that when any proceeding is referred back 3 by any court, appellate tribunal or any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause c chairman means the chairman of the settlement commission d commissioner investigation means an officer of the customs or a central excise officer appointed as such commissioner to conduct inquiry or investigation for the purposes of this chapter e member means a member of the settlement commission and includes the chairman and the vice chairman f settlement commission means the 4customs, central excise and service tax settlement commission constituted under section 32 of the central excise act, 1 of and g vicechairman means a vicechairman of the settlement commission. 1. ins. by act 21 of , s. 102 w.e.f. . 2. subs. by act 22 of , s. 100, for clause b w.e.f. . 3. the words in any appeal or revision, as the case may be, omitted by act 20 of , s. 85 w.e.f. . 4. subs. by act 25 of , s. 83, for customs and central excise settlement commission w.e.f. .

section 127f. of the customs act : 1 in addition to the powers conferred on the settlement commission under chapter v of the central excise act, 1 of , it shall have all the powers which are vested in an officer of the customs under this act or the rules made thereunder. 2 where an application made under section 127b has been allowed to be proceeded with under section 127c, the settlement commission shall, until an order is passed under subsection 15 of section 127c, have, subject to the provisions of subsection 24 of that section, exclusive jurisdiction to exercise the powers and perform the functions of any officer of customs or central excise officer as the case may be, under this act or in the central excise act, 1 of , as the case may be, in relation to the case. 3 in the absence of any express direction by the settlement commission to the contrary, nothing in this chapter shall affect the operation of the provisions of this act in so far as they relate to any matter other than those before the settlement commission. 4 the settlement commission shall, subject to the provisions of chapter v of the central excise act, 1 of and this chapter, have power to regulate its own procedure and the procedure of benches thereof in all matters arising out of the exercise of its powers, or of the discharge of its functions, including the places at which the benches shall hold their sittings. 1. subs. by act 22 of , s. 104, for 7 w.e.f. . 2. subs. by s. 104, ibid., for 6 w.e.f. .

section 127c. procedure on receipt of an application under section 127b of the customs act : 1127c. procedure on receipt of an application under section 127b.1 on receipt of an application under section 127b, the settlement commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant to explain in writing as to why the application made by him should be allowed to be proceeded with and after taking into consideration the explanation provided by the applicant, the settlement commission, shall, within a period of fourteen days from the date of the notice, by an order, allow the application to be proceeded with or reject the application, as the case may be, and the proceedings before the settlement commission shall abate on the date of rejection: provided that where no notice has been issued or no order has been passed within the aforesaid period by the settlement commission, the application shall be deemed to have been allowed to be proceeded with. 2 a copy of every order under subsection 1 shall be sent to the applicant and to the 2 principal commissioner of customs or commissioner of customs having jurisdiction. 3 where an application is allowed or deemed to have been allowed to be proceeded with under subsection 1, the settlement commission shall, within seven days from the date of order under subsection 1, call for a report along with the relevant records from the 2principal commissioner of customs or commissioner of customs having jurisdiction and the commissioner shall furnish the report within a period of thirty days of the receipt of communication from the settlement commission: provided that where the commissioner does not furnish the report within the aforesaid period of thirty days, the settlement commission shall proceed further in the matter without the report of the commissioner. 4 where a report of the commissioner called for under subsection 3 has been furnished within the period specified in that subsection, the settlement commission may, after examination of such report, if it is of the opinion that any further enquiry or investigation in the matter is necessary, direct, for reasons to be recorded in writing, the commissioner investigation within fifteen days of the receipt of the report, to make or cause to be made such further enquiry or investigation and furnish a report within a period of ninety days of the receipt of the communication from the settlement commission, on the matters covered by the application and any other matter relating to the case: provided that where the commissioner investigation does not furnish the report within the aforesaid period, the settlement commission shall proceed to pass an order under subsection 5 without such report. 5 after examination of the records and the report of the 3principal commissioner of customs or commissioner of customs received under subsection 3, and the report, if any, of the commissioner investigation of the settlement commission under subsection 4, and after giving an opportunity to the applicant and to the 3principal commissioner of customs or commissioner of customs having jurisdiction to be heard, either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the 3principal commissioner of customs or commissioner of customs and commissioner investigation under subsection 3 or subsection 4. 45a the settlement commission may, at any time within three months from the date of passing of the order under subsection 5, amend such order to rectify any error apparent on the face of record, either suo motu or when such error is brought to its notice by the jurisdictional principal commissioner of customs or commissioner of customs or the applicant: provided that no amendment which has the effect of enhancing the liability of the applicant shall be made under this subsection, unless the settlement commission has given notice of such intention to the applicant and the jurisdictional principal commissioner of customs or commissioner of customs as the case may be, and has given them a reasonable opportunity of being heard. 5 7 subject to the provisions of section 32a of the central excise act, 1 of , the materials brought on record before the settlement commission shall be considered by the members of the concerned bench before passing any order under subsection 5 and, in relation to the passing of such order, the provisions of section 32d of the central excise act, shall apply. 8 the order passed under subsection 5 shall provide for the terms of settlement including any demand by way of duty, penalty or interest, the manner in which any sums due under the settlement shall be paid and all other matters to make the settlement effective and in case of rejection contain the reasons therefore and it shall also provide that the settlement shall be void if it is subsequently found by the settlement commission that it has been obtained by fraud or misrepresentation of facts: provided that the amount of settlement ordered by the settlement commission, shall not be less than the duty liability admitted by the applicant under section 127b. 9 where any duty, interest, fine and penalty payable in pursuance of an order under subsection 5 is not paid by the applicant within thirty days of receipt of a copy of the order by him, the amount which remains unpaid, shall be recovered along with interest due thereon, as the sums due to the central government by the proper officer having jurisdiction over the applicant in accordance with the provisions of section 142. 10 where a settlement becomes void as provided under subsection 8, the proceedings with respect to the matters covered by the settlement shall be deemed to have been revived from the stage at which the application was allowed to be proceeded with by the settlement commission and the proper officer having jurisdiction may, notwithstanding anything contained in any other provision of this act, complete such proceedings at any time before the expiry of two years from the date of the receipt of communication that the settlement became void. 1. subs. by act 22 of , s. 102, for section 127c w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 4. ins. by act 7 of , s. 107 w.e.f. . 5. subsection 6 omitted by act 20 of , s. 87 w.e.f. .

section 127h. power of settlement commission to grant immunity from prosecution and penalty of the customs act : 1 the settlement commission may, if it is satisfied that any person who made the application for settlement under section 127b has cooperated with the settlement commission in the proceedings before it and has made a full and true disclosure of his duty liability, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act 1 and also either wholly or in part from the imposition of any penalty and fine under this act, with respect to the case covered by the settlement: provided that no such immunity shall be granted by the settlement commission in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of the application under section 127b. 2 2 an immunity granted to a person under subsection 1 shall stand withdrawn if such person fails to pay any sum specified in the order of the settlement passed under 3subsection 5 of section 127c within the time specified in such order or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of this act shall apply as if such immunity had not been granted. 3 an immunity granted to a person under subsection 1 may, at any time, be withdrawn by the settlement commission, if it is satisfied that such person had, in the course of the settlement proceedings, concealed any particulars, material to the settlement or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the settlement and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had no such immunity been granted. 1. subs. by act 22 of , s. 105, for or under the indian penal code or under any other central act for the time being in force and also either wholly or in part from the imposition of any penalty, fine and interest w.e.f. . 2. the explanation omitted by act 20 of , s. 89 w.e.f. . 3. subs. by act 22 of , s. 105, for subsection 7 of section 127c within the time specified in such order or within such further time as may be allowed by the settlement commission w.e.f. .

section 127b. of the customs act : 1127b. application for settlement of cases.21 any importer, exporter or any other person hereinafter referred to as the applicant in this chapter may, in respect of a case, relating to him make an application, before adjudication to the settlement commission to have the case settled, in such form and in such manner as may be specified by rules, and containing a full and true disclosure of his duty liability which has not been disclosed before the proper officer, the manner in which such liability has been incurred, the additional amount of customs duty accepted to be payable by him and such other particulars as may be specified by rules including the particulars of such dutiable goods in respect of which he admits short levy on account of misclassification, undervaluation or inapplicability of exemption notification 3or otherwise and such application shall be disposed of in the manner hereinafter provided: provided that no such application shall be made unless, 4a the applicant has filed a bill of entry, or a shipping bill, or a bill of export, or made a baggage declaration, or a label or declaration accompanying the goods imported or exported through post or courier, as the case may be, and in relation to such document or documents, a show cause notice has been issued to him by the proper officer b the additional amount of duty accepted by the applicant in his application exceeds three lakh rupees and c the applicant has paid the additional amount of customs duty accepted by him along with interest due under 5section 28aa: provided further that no application shall be entertained by the settlement commission under this subsection in cases which are pending in the appellate tribunal or any court: provided also that no application under this subsection shall be made in relation to goods to which section 123 applies or to goods in relation to which any offence under the narcotic drugs and psychotropic substances act, 61 of has been committed: provided also that no application under this subsection shall be made for the interpretation of the classification of the goods under the customs tariff act, 51 of . 6 7 3 every application made under subsection 1 shall be accompanied by such fees as may be specified by rules. 4 an application made under subsection 1 shall not be allowed to be withdrawn by the applicant. 85 any person, other than an applicant referred to in subsection 1, may also make an application to the settlement commission in respect of a show cause notice issued to him in a case relating to the applicant which has been settled or is pending before the settlement commission and such notice is pending before an adjudicating authority, in such manner and subject to such conditions, as may be specified by rules. 1. ins. by act 21 of , s. 102 w.e.f. . 2. subs. by act 22 of , s. 101, for subsection 1 w.e.f. . 3. subs. by act 14 of , s. 57, for but excluding the goods not included in the entry made under this act w.e.f. . 4. subs. by act 25 of , s. 84, for clause a w.e.f. . 5. subs. by act 25 of , s. 84, for section 28ab w.e.f. . 6. subsection 1a omitted by act 20 of , s. 86 w.e.f. . 7. subsection 2 omitted by act 25 of , s. 84 w.e.f. . 8. ins. by act 7 of , s. 106 w.e.f. .

section 127e.. of the customs act : power of settlement commission to reopen completed proceedings. omitted by the finance act, 20 of , s. 88 w.e.f. .

section 127i. of the customs act : 1 the settlement commission may, if it is of opinion that any person who made an application for settlement under section 127b has not cooperated with the settlement commission in the proceedings before it, send the case back to the proper officer who shall thereupon dispose of the case in accordance with the provisions of this act as if no application under section 127b had been made. 2 for the purpose of subsection 1, the proper officer shall be entitled to use all the materials and other information produced by the assessee before the settlement commission or the results of the inquiry held or evidence recorded by the settlement commission in the course of the proceedings before it as if such materials, information, inquiry and evidence had been produced before such proper officer or held or recorded by him in the course of the proceedings before him. 3 for the purposes of the time limit under section 28 and for the purposes of interest under section 28aa, in a case referred to in subsection 1, the period commencing on and from the date of the application to the settlement commission under section 127b and ending with the date of receipt by the officer of customs of the order of the settlement commission sending the case back to the officer of customs shall be excluded.

section 127d. power of settlement commission to order provisional attachment to protect revenue of the customs act : 1 where, during the pendency of any proceeding before it, the settlement commission is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in such manner as may be specified by rules. 2 every provisional attachment made by the settlement commission under subsection 1 shall cease to have effect from the date the sums due to the central government for which such attachment is made are discharged by the applicant and evidence to that effect is submitted to the settlement commission.

section 127m. of the customs act : any proceedings under this chapter before the settlement commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of .

section 127j. of the customs act : every order of settlement passed under subsection 15 of section 127c shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this chapter, be reopened in any proceeding under this act or under any other law for the time being in force. 1. subs. by s. 106, ibid., for 7 w.e.f. .

section 128a. of the customs act : 1128a. procedure in appeal.1 the 2commissioner appeals shall give an opportunity to the appellant to be heard if he so desires. 2 the 2commissioner appeals may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the 2commissioner appeals is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. 3 3the commissioner appeals shall, after making such further inquiry as may be necessary, pass pass such order, as he thinks 4just and proper, a confirming, modifying or annulling the decision or order appealed against or b referring the matter back to the adjudicating authority with directions for fresh adjudication or decision, as the case may be, in the following cases, namely: i where an order or decision has been passed without following the principles of natural justice or ii where no order or decision has been passed after reassessment under section 17 or iii where an order of refund under section 27 has been issued by crediting the amount to fund without recording any finding on the evidence produced by the applicant: provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: provided further that where the 2commissioner appeals is of opinion that any duty has not been levied or has been shortlevied or erroneously refunded, no order requiring the appellant to pay any duty not levied, shortlevied or erroneously refunded shall be passed unless the appellant is given notice within the timelimit specified in section 28 to show cause against the proposed order. 4 the order of the 2commissioner appeals disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision. 54a the commissioner appeals shall, where it is possible to do so, hear and decide every appeal within a period of six months from the date on which it is filed. 5 on the disposal of the appeal, the 2commissioner appeals shall communicate the order passed by him to the appellant, the adjudicating authority 6, the 7principal chief commissioner of customs or chief commissioner of customs and the 8principal commissioner of customs or commissioner of customs. 1. subs. by act 44 of , s. 50 and the fifth schedule, for chapter xv w.e.f. . 2. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 3. subs. by act 14 of , s. 110, for certain words and brackets w.e.f. . 4. subs. by act 13 of , s. 96, for just and proper, confirming, modifying or annulling the decision or order appealed against w.e.f. . 5. ins. by act 14 of , s. 110 w.e.f. . 6. subs. by act 18 of , s. 69, for and the commissioner of customs w.e.f. . 7. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 8. subs. by s. 78, ibid., for commissioner of customs w.e.f. .

section 127k. of the customs act : any sum specified in an order of settlement passed under subsection 15 of section 127c may, subject to such conditions, if any, as may be specified therein, be recovered, and any penalty for default in making payment of such sum may be imposed and recovered as sums due to the central government in accordance with the provisions of section 142, by the proper officer having jurisdiction over the applicant. 1. subs. by act 22 of , s. 107, for 7 w.e.f. .

section 127l. of the customs act : 11 2where 3 i an order of settlement 4 provides for the imposition of a penalty on the applicant under section 127b for settlement, on the ground of concealment of particulars of his duty liability or 5explanation.in this clause, the concealment of particulars of duty liability relates to any such concealment made from the officer of customs. ii after the passing of an order of settlement 4 in relation to a case, such person is convicted of any offence under this act in relation to that case or iii the case of such person is sent back to the proper officer by the settlement commission under section 127i, then such person shall not be entitled to apply for settlement under section 127b in relation to any other matter. 6 1. section 127l renumbered as subsection 1 thereof by s. 108, ibid. w.e.f. . 2. subs. by s. 108, ibid., for where w.e.f. . 3. the words, figures and letters before the 1st day of june, omitted by act 14 of , s. 59 w.e.f. . 4. the certain words, brackets, figures and letters omitted by act 20 of , s. 90 w.e.f. . 5. ins. by act 25 of , s. 85 w.e.f. . 6. subsection 2 omitted by 14 of , s. 59 w.e.f. .

section 129. of the customs act : 1 the central government shall constitute an appellate tribunal to be called the customs, excise and 1service tax appellate tribunal consisting of as many judicial and technical members as it thinks fit to exercise the powers and discharge the functions conferred on the appellate tribunal by this act. 22 a judicial member shall be a person who has for at least ten years held a judicial office in the territory of india or who has been a member of the 3indian legal service and has held a post in grade i of that service or any equivalent or higher post for at least three years, or who has been an advocate for at least ten years. explanation.for the purposes of this subsection, i in computing the period during which a person has held judicial office in the territory of india, there shall be included any period, after he has held any judicial office, during which the person has been an advocate or has held the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law ii in computing the period during which a person has been an advocate, there shall be included any period during which the person has held a judicial office, or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he became an advocate. 2a a technical member shall be a person who has been a member of the indian customs and central excise service, group a, and has held the post of 4principal commissioner of customs or commissioner of customs or central excise or any equivalent or higher post for at least three years. 53 the central government shall appoint a a person who is or has been a judge of a high court or b one of the members of the appellate tribunal, to be the president thereof. 4 the central government may appoint one or more members of the appellate tribunal to be the vicepresident, or, as the case may be, vicepresidents, thereof. 6 5 7a vicepresident shall exercise such of the powers and perform such of the functions of the president as may be delegated to him by the president by a general or special order in writing. 86 on ceasing to hold office, the president, vicepresident or other member shall not be entitled to appear, act or plead before the appellate tribunal. 97 notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the president, vicepresident or other members of the appellate tribunal appointed after the commencement of 10the tribunal reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the president. vicepresident and member appointed before the commencement of part xiv of chapter vi of the finance act, 7 of , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. subs. by act 32 of , s. 119, for gold control w.e.f. . 2. subs. by act 21 of , s. 39, for subsection 2 w.e.f. . 3. subs. by act 32 of , s. 119, for central legal service w.e.f. . 4. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 5. subs. by act 33 of , s. 65, for subsection 3 w.e.f. . 6. subsection 4a omitted by act 32 of , s. 119 w.e.f. . 7. subs. by s. 119, ibid., for the senior vicepresident or a vicepresident w.e.f. 145. 8. ins. by act 22 of , s. 110 w.e.f. . 9. ins. by act 7 of , s. 175 w.e.f. vide notification s. o. no. e, dated . 10. subs. by act 33 of , s. 12, for part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of section 184 of that act w.e.f. .

section 127ma.. of the customs act : certain persons who have filed appeals to the appellate tribunal entitled to make applications to the settlement commission.omitted by the finance act, 22 of , s. 109 w.e.f. .

section 127n. of the customs act : the provisions of chapter v of the central excise act, 1 of in so far as it is not inconsistent with the provisions of this chapter shall apply in relation to proceedings before the settlement commission under this chapter.

section 129b. of the customs act : 1 the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against or may refer the case back to the authority which passed such decision or order with such directions as the appellate tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary. 21a the appellate tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. 2 the appellate tribunal may, at any time within 3six months from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under subsection 1 and shall make such amendments if the mistake is brought to its notice by the 1principal commissioner of customs or commissioner of customs or the other party to the appeal: provided that an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the other party shall not be made under this subsection, unless the appellate tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. 42a the appellate tribunal shall, where it is possible to do so, hear and decide every appeal within within a period of three years from the date on which such appeal is filed: 5 3 the appellate tribunal shall send a copy of every order passed under this section to the 1principal commissioner of customs or commissioner of customs and the other party to the appeal. 4 save as otherwise provided in section 130 or section 130e, orders passed by the appellate tribunal on appeal shall be final. 1. subs. by s. 78, ibid., for commissioner of customs w.e.f. . 2. ins. by act 23 of , s. 70 w.e.f. . 3. subs. by act 20 of , s, 127, for four years w.e.f. . 4. ins. by s. 127, ibid. w.e.f. . 5. the first, second and third provisos omitted by act 25 of , s. 87 w.e.f. .

section 128. of the customs act : 1128. appeals to 2commissioner appeals.1 any person aggrieved by any decision or order passed under this act by an officer of customs lower in rank than a 3principal commissioner of customs or commissioner of customs may appeal to the 2commissioner appeals 4within sixty days from the date of the communication to him of such decision or order: 5provided that the commissioner appeals may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of sixty days, allow it to be presented within a further period of thirty days. 61a the commissioner appeals may, if sufficient cause is shown at any stage of hearing of an appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing: provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal. 2 every appeal under this section shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf. 1. subs. by act 44 of , s. 50 and the fifth schedule, for chapter xv w.e.f. . 2. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 4. subs. by act 14 of , s. 109, for within three months w.e.f. . 5. subs. by s. 109, ibid., for the proviso w.e.f. . 6. ins. by act 23 of , s. 68 w.e.f. .

section 129a. of the customs act : 1 any person aggrieved by any of the following orders may appeal to the appellate tribunal against such order a a decision or order passed by the 1principal commissioner of customs or commissioner of customs as an adjudicating authority b an order passed by the 2commissioner appeals under section 128a c an order passed by the board or the appellate 3commissioner of customs under section 128, as it stood immediately before the appointed day d an order passed by the board or the 1principal commissioner of customs or commissioner of customs, either before or after the appointed day, under section 130, as it stood immediately before that day: 4provided that no appeal shall lie to the appellate tribunal and the appellate tribunal shall not have have jurisdiction to decide any appeal in respect of any order referred to in clause b if such order relates to, a any goods imported or exported as baggage b any goods loaded in a conveyance for importation into india, but which are not unloaded at their place of destination in india, or so much of the quantity of such goods as has not been unloaded at any such destination if goods unloaded at such destination are short of the quantity required to be unloaded at that destination c payment of drawback as provided in chapter x, and the rules made thereunder: provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause b or clause c or clause d where i the value of the goods confiscated without option having been given to the owner of the goods to pay a fine in lieu of confiscation under section 125 or ii in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or iii the amount of fine or penalty determined by such order, does not exceed 5two lakh rupees. 61a every appeal against any order of the nature referred to in the first proviso to subsection 1, which is pending immediately before the commencement of section 40 of the finance act, 21 of , before the appellate tribunal and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on such commencement to the central government and the central government shall deal with such appeal or matter under section 129dd as if such appeal or matter were an application or a matter arising out of an application made to it under that section. 71b i the board may, 8by order, constitute such committees as may be necessary for the purposes of this act. ii every committee constituted under clause i shall consist of two chief commissioners of customs or two commissioners of customs, as the case may be. 2 9the committee of commissioners of customs may, if it is of opinion that an order passed by the appellate 10principal commissioner of customs or commissioner of customs under section 128, as it stood immediately before the appointed day, or by the 11commissioner appeals under section 128a, is not legal or proper, direct the proper officer to appeal 12on its behalf to the appellate tribunal against such order: 13provided that where the committee of 10principal commissioners of customs or commissioners of customs differs in its opinion regarding the appeal against the order of the commissioner appeals, it shall state the point or points on which it differs and make a reference to the jurisdictional 14principal chief commissioner of customs or chief commissioner of customs who shall, after considering the facts of the order, if is of the opinion that the order passed by the commissioner appeals is not legal or proper, direct the proper officer to appeal to the appellate tribunal against such order. explanationi.for the purposes of this subsection, jurisdictional chief commissioner means the 14principal chief commissioner of customs or chief commissioner of customs having jurisdiction over the adjudicating authority in the matter. 3 every appeal under this section shall be filed within three months from the date on which the order sought to be appealed against is communicated to the 10principal commissioner of customs or commissioner of customs, or as the case may be, the other party preferring the appeal. 4 on receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within fortyfive days of the receipt of the notice, a memorandum of crossobjections verified in such manner as may be specified by rules made in this behalf against any part of the order appealed against and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 156 an appeal to the appellate tribunal shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall, irrespective of the date of demand of duty and interest or of levy of penalty in relation to which the appeal is made, be accompanied by a fee of, a where the amount of duty and interest demanded and penalty levied by any officer of customs in the case to which the appeal relates is five lakh rupees or less, one thousand rupees b where the amount of duty and interest demanded and penalty levied by any officer of customs in the case to which the appeal relates is more than five lakh rupees but not exceeding fifty lakh rupees, five thousand rupees c where the amount of duty and interest demanded and penalty levied by any officer of customs in the case to which the appeal relates is more than fifty lakh rupees, ten thousand rupees: provided that no such fee shall be payable in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4. 7 every application made before the appellate tribunal, a in an appeal 16 for rectification of mistake or for any other purpose or b for restoration of an appeal or an application, shall be accompanied by a fee of five hundred rupees: provided that no such fee shall be payable in the case of an application filed by or on behalf of the 17principal commissioner of customs or commissioner of customs under this subsection. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 3. subs. by s. 50, ibid., for collector of customs w.e.f. . 4. subs. by act 21 of , s. 40, for provided that w.e.f. . 5. subs. by act 25 of , s. 86, for fifty thousand rupees w.e.f. . 6. ins. by act 21 of , s. 40 w.e.f. . 7. ins. by act 18 of , s. 70 w.e.f. . 8. subs. by act 25 of , s. 86, for by notification in the official gazette w.e.f. . 9. subs. by act 18 of , s. 70, for the commissioner of customs may, if he is w.e.f. . 10. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 11. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 12. subs. by act 18 of , s. 70, for on his behalf w.e.f. . 13. the proviso ins. by act 18 of , s. 71 w.e.f. . 14. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 15. subs. by act 23 of , s. 69 for sub section 6 w.e.f. vide notification no. 120/cus. n. t., dated . 16. the words for grant of stay or omitted by act 25 of , s. 86 w.e.f. . 17. subs. by s. 78, ibid., for commissioner of customs w.e.f. .

section 129c. of the customs act : 1 the powers and functions of the appellate tribunal may be exercised and discharged by benches constituted by the president from amongst the members thereof. 2 subject to the provisions contained in 1 subsection 4, a bench shall consist of one judicial member and one technical member. 2 4 the president or any other member of the appellate tribunal authorised in this behalf by the president may, sitting singly, dispose of any case which has been allotted to the bench of which he is a member where a the value of the goods confiscated without option having been given to the owner of the goods to pay a fine in lieu of confiscation under section 125 or b in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or c the amount of fine or penalty involved, does not exceed 3 fifty lakh rupees. 4 5 if the members of a bench differ in opinion on any point, the point shall be decided according to to the opinion of the majority, if there is a majority but if the members are equally divided, they shall state the point or points on which they differ and make a reference to the president who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of these members of the appellate tribunal who have heard the case, including those who first heard it. 6 subject to the provisions of this act, the appellate tribunal shall have power to regulate its own procedure and the procedure of the benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions, including the places at which the benches shall hold their sittings. 7 the appellate tribunal shall, for the purposes of discharging its functions, have the same powers as are vested in a court under the code of civil procedure, 5 of , when trying a suit in respect of the following matters, namely: a discovery and inspection b enforcing the attendance of any person and examining him on oath c compelling the production of books of account and other documents and d issuing commissions. 8 any proceeding before the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code 45 of , and the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. subs. by act 22 of , s. 65, for subsections 3 and 4 w.e.f. . 2. subsection 3 omitted by s. 65, ibid. w.e.f. . 3. subs. by act 17 of , s. 77, for ten lakh rupees w.e.f. . 4. subs. by act 12 of , s. 62, for subsection 5 w.e.f. .

section 130. of the customs act : 1 130. appeal to high court.1 an appeal shall lie to the high court from every order passed in appeal by the appellate tribunal on or after the 1st day of july, not being an order relating, among other things, to the determination of any question having a relation to the rate of duty of customs or to the value of goods for the purposes of assessment, if the high court is satisfied that the case involves a substantial question of law. 2 the 2 principal commissioner of customs or commissioner of customs or the other party aggrieved by any order passed by the appellate tribunal may file an appeal to the high court and such appeal under this subsection shall be a filed within one hundred and eighty days from the date on which the order appealed against is received by the 2 principal commissioner of customs or commissioner of customs or the other party b accompanied by a fee of two hundred rupees where such appeal is filed by the other party c in the form of a memorandum of appeal precisely stating therein the substantial question of law involved. 3 2a the high court may admit an appeal after the expiry of the period of one hundred and eighty days referred to in clause a of subsection 2, if it is satisfied that there was sufficient cause for not filing the same within that period. 3 where the high court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. 4 the appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: provided that nothing in this subsection shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question. 5 the high court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit. 6 the high court may determine any issue which a has not been determined by the appellate tribunal or b has been wrongly determined by the appellate tribunal, by reason of a decision on such question of law as is referred to in subsection 1. 7 when an appeal has been filed before the high court, it shall be heard by a bench of not less than two judges of the high court, and shall be decided in accordance with the opinion of such judges or of the majority, if any, of such judges. 8 where there is no such majority, the judges shall state the point of law upon which they differ and the case shall, then, be heard upon that point only by one or more of the other judges of the high court and such point shall be decided according to the opinion of the majority of the judges who have heard the case including those who first heard it. 9 save as otherwise provided in this act, the provisions of the code of civil procedure, 5 of relating to appeals to the high court shall, as far as may be, apply in the case of appeals under this section. 1. subs. by act 32 of , s. 120, for section 130 w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 3. ins. by act 33 of , s. 87 w.e.f. .

section 129d. of the customs act : 129d. powers of 1committee of 2principal chief commissioner of customs or chief commissioner of customs or 3principal commissioner of customs or commissioner of customs customs to pass certain orders.1 the 1committee of 2principal chief commissioner of customs or chief commissioner of customs may, of its own motion, call for and examine the record of any proceeding in which a 3principal commissioner of customs or commissioner of customs as an adjudicating authority has passed any decision or order under this act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such 4commissioner 5or any other commissioner to apply to the appellate tribunal for the determination of such points arising out of the decision or order as may be specified by the 1committee of 2principal chief commissioners of customs or chief commissioners of customs in its order: 6provided that where the committee of 7principal chief commissioners of customs or chief commissioner of customs differs in its opinion as to the legality or propriety of the decision or order of the 8principal commissioner of customs or commissioner of customs, it shall state the point or points on which it differs and make a reference to the board which, after considering the facts of the decision or order passed by the 8principal commissioner of customs or commissioner of customs, if is of the opinion that the decision or order passed by the 8principal commissioner of customs or commissioner of customs is not legal or proper, may, by order, direct such commissioner or any other commissioner to apply to the appellate tribunal for the determination of such points arising out of the decision or order, as may be specified in its order. 2 the 8principal commissioner of customs or commissioner of customs may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct 9such authority or any officer of customs subordinate to him to apply to the 10commissioner appeals for the determination of such points arising out of the decision or order as may be specified by the 8principal commissioner of customs or commissioner of customs in his order. 113 every order under subsection 1 or subsection 2, as the case may be, shall be made within a period of three months from the date of communication of the decision or order of the adjudicating authority. 12provided that the board may, on sufficient cause being shown, extend the said period by another thirty days. 4 where in pursuance of an order under subsection 1 or subsection 2, the adjudicating authority or any officer of customs authorised in this behalf by the 8principal commissioner of customs or commissioner of customs, makes an application to the appellate tribunal or the 10commissioner appeals within a period of 13one month from the date of communication of the order under subsection 1 or subsection 2 to the adjudicating authority, such application shall be heard by the appellate tribunal or the 10 commissioner appeals, as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this act regarding appeals, including the provisions of subsection 4 of section 129a shall, so far as may be, apply to such application. 145 the provisions of this section shall not apply to any decision or order in which the determination determination of any question having a relation to the rate of duty or to the value of goods for the purposes of assessment of any duty is in issue or is one of the points in issue. explanation.for the purposes of this subsection, the determination of a rate or duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the determination of a question a relating to the rate of duty for the time being in force, whether under the customs tariff act, 51 of or under any other central act providing for the levy and collection of any duty of customs in relation to any goods on or after the 28th day of february, or b relating to the value of goods for the purposes of assessment of any duty in cases where the assessment is made on or after the 28th day of february, or c whether any goods fall under a particular heading or subheading of the first schedule or the second schedule to the customs tariff act, 51 of , or that any goods are or not covered by a particular notification or order issued by the central government granting total or partial exemption from duty or d whether the value of any goods for the purposes of assessment of duty shall be enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are specifically provided in this act. 1. subs. by act 18 of , s. 71, for board w.e.f. . 2. subs. by 25 of , s. 78, for chief commissioner of customs w.e.f. . 3. subs. by s. 78, ibid., for commissioner of customs w.e.f. . 4. subs. by act 22 of , s. 50, for collector w.e.f. . 5. ins. by act 14 of , s. 111 w.e.f. . 6. ins. by act 18 of , s. 72 w.e.f. . 7. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 8. subs. by s. 78, ibid., for commissioner of customs w.e.f. . 9. subs. by act 29 of , s. 29, for such authority w.e.f. . 10. subs. by act 22 of , s. 50, for collector appeals w.e.f. . 11. subs. by act 18 of , s. 72, for subsection 3 w.e.f. . 12. ins. by act 25 of , s. 88 w.e.f. . 13. subs. by act 22 of , s. 111, for three month w.e.f. . 14. ins. by act 29 of , s. 4 w.e.f. .

section 130a. of the customs act : 1130a. application to high court.1 the 2principal commissioner of customs or commissioner of customs or the other party may, within one hundred and eighty days of the date upon which he is served with notice of an order under section 129b passed 3before the 1st day of july, not being an order relating, among other things, to the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment, by application in the prescribed form, accompanied, where the application is made by the other party, by a fee of two hundred rupees, apply to the high court to direct the appellate tribunal to refer to the high court any question of law arising from such order of the tribunal. 2 the 2principal commissioner of customs or commissioner of customs or the other party applying to the high court under subsection 1 shall clearly state the question of law which he seeks to be referred to the high court and shall also specify the paragraph in the order of the appellate tribunal relevant to the question sought to be referred. 3 on receipt of notice that an application has been made under subsection 1, the person against whom such application has been made, may, notwithstanding that he may not have filed such application, file, within fortyfive days of the receipt of the notice, a memorandum of crossobjections verified in the prescribed manner against any part of the order in relation to which an application for reference has been made and such memorandum shall be disposed of by the high court as if it were an application presented within the time specified in subsection 1. 43a the high court may admit an application or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 1 or subsection 3, if it is satisfied that there was sufficient cause for not filing the same within that period. 4 if, on an application made under subsection 1, the high court directs the appellate tribunal to refer the question of law raised in the application, the appellate tribunal shall, within one hundred and twenty days of the receipt of such direction, draw up a statement of the case and refer it to the high court. 1. subs. by act 27 of , s. 112, for section 130a w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 3. subs. by act 32 of , s. 121, for on or after the 1st day of july, w.e.f. . 4. ins. by act 33 of , s. 88 w.e.f. .

section 129da. of the customs act : 1129da. powers of revision of board or collector of customs in certain cases.1 the board may, of its own motion or on the application of any aggrieved person or otherwise, call for and examine the record of any proceeding in which a collector of customs has passed any decision or order not being a decision or order passed under subsection 2 of this section of the nature referred to in subsection 5 of section 129d for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as it thinks fit. 2 the collector of customs may, of his own motion or on the application of any aggrieved person or otherwise, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order of the nature referred to in subsection 5 of section 129d for the purpose of satisfying himself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as he thinks fit. 3 a no decision or order under this section shall be made so as to prejudicially affect any person unless such person is given a reasonable opportunity of making representation and if, he so desires, of being heard in his defence. b where the board or, as the case may be, the collector of customs is of the opinion that any duty has not been levied or has been shortlevied or shortpaid or erroneously refunded, no order requiring the affected person to pay any duty not levied or paid, shortlevied or shortpaid or erroneously refunded shall be passed under this section unless such person is given notice within the time limit specified in section 28 to show cause against the proposed order. 4 no proceeding shall be initiated under subsection 1 or subsection 2 in respect of any decision or order after the expiry of a period of six months from the date of communication of such decision or order: provided that in respect of any decision or order passed before the commencement of the customs and central excises laws amendment act, 29 of , the provisions of this subsection shall have effect as if for the words six months, the words one year were substituted. 5 any person aggrieved by any decision or order passed under subsection 1 or subsection 2 may appeal to the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 62 of , against such decision or order. 1. ins. by act 29 of , s. 5 w.e.f. .

section 129dd. of the customs act : 1129dd. revision by central government.1 the central government may, on the application of any person aggrieved by any order passed under section 128a, where the order is of the nature referred to in the first proviso to subsection 1 of section 129a, annul or modify such order. 2provided that the central government may in its discretion, refuse to admit an application in respect respect of an order where the amount of duty or fine or penalty, determined by such order does not exceed five thousand rupees. explanation.for the purposes of this subsection, order passed under section 128a includes an order passed under that section before the commencement of section 40 of the finance act, 21 of , against which an appeal has not been preferred before such commencement and could have been, if the said section had not come into force, preferred after such commencement, to the appellate tribunal. 3 1a the 4 principal commissioner of customs or commissioner of customs may, if he is of the opinion that an order passed by the commissioner appeals under section 128a is not legal or proper, direct the proper officer to make an application on his behalf to the central government for revision of such order. 2 an application under subsection 1 shall be made within three months from the date of the communication to the applicant of the order against which the application is being made: provided that the central government may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the aforesaid period of three months, allow it to be presented within a further period of three months. 5 3 an application under subsection 1 shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall be accompanied by a fee of, a two hundred rupees, where the amount of duty and interest demanded, fine or penalty levied by an officer of customs in the case to which the application relates is one lakh rupees or less b one thousand rupees, where the amount of duty and interest demanded, fine or penalty levied by an officer of customs in the case to which the application relates is more than one lakh rupees: provided that no such fee shall be payable in the case of an application referred to in subsection 1a. 4 the central government may, of its own motion, annul or modify any order referred to in subsection 1. 5 no order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value shall be passed under this section, a in any case in which an order passed under section 128a has enhanced any penalty or fine in lieu of confiscation or has confiscated goods of greater value, and b in any other case, unless the person affected by the proposed order has been given notice to show cause against it within one year from the date of the order sought to be annulled or modified. 6 where the central government is of opinion that any duty of customs has not been levied or has been shortlevied, no order levying or enhancing the duty shall be made under this section unless the person affected by the proposed order is given notice to show cause against it within the time limit specified in section 28. 1. ins. by act 21 of , s. 43 w.e.f. . 2. the proviso ins. by act 27 of , s. 110 w.e.f. . 3. ins. by act 27 of , s. 110 w.e.f. . 4. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 5. subs. by act 27 of , s. 110, for subsection 3 w.e.f. .

section 129e. of the customs act : 2129e. deposit of certain percentage of duty demanded or penalty imposed before filing appeal.the tribunal or the commissioner appeals, as the case may be, shall not entertain any appeal, i under subsection 1 of section 128, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of customs lower in rank than the 1 principal commissioner of customs or commissioner of customs ii against the decision or order referred to in clause a of subsection 1 of section 129a, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against iii against the decision or order referred to in clause b of subsection 1 of section 129a, unless the appellant has deposited ten per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against: provided that the amount required to be deposited under this section shall not exceed rupees ten rores: provided further that the provisions of this section shall not apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the finance no. 2 act, 25 of . 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. subs. by act 25 of , s. 89, for section 129e w.e.f. .

section 129ee. of the customs act : 1129ee. interest on delayed refund of amount deposited under section 129e.where an amount deposited by the appellant under section 129e is required to be refunded consequent upon the order of the appellate authority, there shall be paid to the appellant interest at such rate, not below five per cent. and not exceeding thirtysix per cent. per annum as is for the time being fixed by the central government, by notification in the official gazette, on such amount from the date of payment of the amount till, the date of refund of such amount: provided that the amount deposited under section 129e, prior to the commencement of the finance no. 2 act, 25 of , shall continue to be governed by the provisions of section 129ee as it stood before the commencement of the said act. 1. subs. by act 25 of , s. 90, for section 129ee w.e.f. .

section 130b. of the customs act : b. power of high court or supreme court to require statement to be amended.if the high court or the supreme court is not satisfied that the statements in a case referred to it are sufficient to enable it to determine the questions raised thereby, the court may refer the case back to the appellate tribunal for the purpose of making such additions thereto or alterations therein as it may direct in that behalf. 1. section 130b to be omitted by act 49 of , s. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india.

section 131b. of the customs act : 1 every appeal which is pending immediately before the appointed day before the board under section 128, as it stood immediately before that day, and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the appellate tribunal and the appellate tribunal may proceed with such appeal or matter from the stage at which it was on that day: provided that the appellant may demand that before proceeding further with that appeal or matter, he may be reheard. 2 every proceeding which is pending immediately before the appointed day before the central government under section 131, as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall stand transferred on that day to the appellate tribunal and the appellate tribunal may proceed with such proceeding or matter from the stage at which it was on that day as if such proceeding or matter were an appeal filed before it: provided that if any such proceeding or matter relates to an order where a the value of the goods confiscated without option having been given to the owner of the goods to pay a fine in lieu of confiscation under section 125 or b in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved or c the amount of fine or penalty determined by such order, does not exceed ten thousand rupees, such proceeding or matter shall continue to be dealt with by the central government as if the said section 131 had not been substituted: provided further that the applicant or the other party may make a demand to the appellate tribunal that before proceeding further with that proceeding or matter, he may be reheard. 3 every proceeding which is pending immediately before the appointed day before the board or the 1principal commissioner of customs or commissioner of customs under section 130, as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall continue to be dealt with by the board or the 1principal commissioner of customs or commissioner of customs, as the case may be, as if the said section had not been substituted. 4 any person who immediately before the appointed day was authorised to appear in any appeal or proceeding transferred under subsection 1 or subsection 2 shall, notwithstanding anything contained in section 146a, have the right to appear before the appellate tribunal in relation to such appeal or proceeding. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 130c. of the customs act : c. case before high court to be heard by not less than two judges.1 when any case has been referred to the high court 2under section 130 or section 130a it shall be heard by a bench of not less than two judges of the high court and shall be decided in accordance with the opinion of such judges or of the majority, if any, of such judges. 2 where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other judges of the high court, and such point shall be decided according to the opinion of the majority of the judges who have heard the case including those who first heard it. 1. section 130c to be omitted by act 49 of , s. 30 and the schedule . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india. 2. subs. by act 27 of , s. 113, for under section 130 w.e.f. .

section 130d. of the customs act : d. decision of high court or supreme court on the case stated.1 the high court or the supreme court hearing any such case shall decide the questions of law raised therein, and shall deliver its judgment thereon containing the grounds on which such decision is founded and a copy of the judgment shall be sent under the seal of the court and the signature of the registrar to the appellate tribunal which shall pass such orders as are necessary to dispose of the case in conformity with such judgment. 21a where the high court delivers a judgment in an appeal filed before it under section 130, effect shall be given to the order passed on the appeal by the proper officer on the basis of a certified copy of the judgment. 2 the costs of any 3reference to the high court or an appeal to the high court or the supreme court as the case may be which shall not include the fee for making the reference shall be in the discretion of the court. 1. section 130d to be omitted by act 49 of , s. 30 and the schedule . this amendment has been struck down by the supreme courts order dated 25th september, the madras bar in association vs union of india. 2. ins. by act 32 of , s. 122 w.e.f. . 3. subs. by s. 122, ibid., for reference to the high court or the supreme court w.e.f. .

section 130e. of the customs act : an appeal shall lie to the supreme court from 1a any judgment of the high court delivered i in an appeal made under section 130 or ii on a reference made under section 130 by the appellate tribunal before the 1st day of july, iii on a reference made under section 130a, in any case which, on its own motion or on an oral application made by or on behalf of the party aggrieved, immediately after passing of the judgment, the high court certifies to be a fit one for appeal to the supreme court or b any order passed 2before the establishment of the national tax tribunal by the appellate tribunal relating, among other things, to the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment. 1. subs. by s. 123, ibid., for clause a w.e.f. . 2. ins. by act 49 of , s. 30 and the schedule w.e.f. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india.

section 131. of the customs act : notwithstanding that a reference has been made to the high court or the supreme court or an appeal has been preferred to the supreme court, 1under this act before the commencement of the national tax tribunal act, sums due to the government as a result of an order passed under subsection 1 of section 129b shall be payable in accordance with the order so passed. 1. ins. by act 49 of , s. 30 and the schedule w.e.f. . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india.

section 130f. of the customs act : 1 the provisions of the code of civil procedure, 5 of , relating to appeals to the supreme court shall, so far as may be, apply in the case of appeals under section 130e as they apply in the case of appeals from decrees of a high court: provided that nothing in this subsection shall be deemed to affect the provisions of subsection 1 of section 130d or section 131. 2 the costs of the appeal shall be in the discretion of the supreme court. 3 where the judgment of the high court is varied or reversed in the appeal, effect shall be given to the order of the supreme court in the manner provided in section 130d in the case of a judgment of the high court.

section 131a. of the customs act : in computing the period of limitation specified for an appeal or application under this chapter, the day on which the order complained of was served, and if the party preferring the appeal or making the application was not furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining a copy of such order shall be excluded.

section 131ba. of the customs act : 1131ba. appeal not to be filed in certain cases.1 the board may, from time to time, issue orders or instructions or directions fixing such monetary limits, as it may deem fit, for the purposes of regulating the filing of appeal, application, revision or reference by the 2principal commissioner of customs or commissioner of customs under the provisions of this chapter. 2 where, in pursuance of the orders or instructions or directions, issued under subsection 1, the 2principal commissioner of customs or commissioner of customs has not filed an appeal, application, revision or reference against any decision or order passed under the provisions of this act, it shall not preclude such 2principal commissioner of customs or commissioner of customs from filing any appeal, application, revision or reference in any other case involving the same or similar issues or questions of law. 3 notwithstanding the fact that no appeal, application, revision or reference has been filed by the 2principal commissioner of customs or commissioner of customs pursuant to the orders or instructions or directions issued under sub section 1, no person, being a party in appeal, application, revision or reference shall contend that the 2principal commissioner of customs or commissioner of customs has acquiesced in the decision on the disputed issue by not filing appeal, application, revision or reference. 4 3the commissioner appeals or the appellate tribunal or the court hearing an appeal, application, revision or reference shall have regard to the circumstances under which the appeal, application, revision or reference was not filed by the 2principal commissioner of customs or commissioner of customs in pursuance of orders or instructions or directions issued under subsection 1. 5 every order or instruction or direction issued by the board on or after the 20th day of october, , but before the date on which the finance bill, receives the assent of the president, fixing monetary limits for filing appeal, application, revision or reference shall be deemed to have been issued under subsection 1, and the provisions of subsections 2, 3 and 4 shall apply accordingly. 1. ins. by act 8 of , s. 50 w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 3. subs. by s. 91, ibid., for the appellate tribunal or court w.e.f. .

section 131c. of the customs act : in this chapter a appointed day means the date of coming into force of the amendments to this act specified in part i of the fifth schedule to the finance no. 2 act, 44 of 1b high court means, i in relation to any state, the high court for that state ii in relation to a union territory to which the jurisdiction of the high court of a state has been extended by law, that high court iii in relation to the union territories of dadra and nagar haveli and 2daman and diu, the high court at bombay iv in relation to any other union territory, the highest court of civil appeal for that territory other than the supreme court of india c president means the president of the appellate tribunal. 1. clause b shall be omitted by act 49 of , s. 30 and the schedule . this amendment has been struck down by the supreme courts order dated 25th september, in the madras bar association vs union of india. 2. subs. by act 18 of , s. 5, for goa, daman and diu w.e.f. .

section 132. of the customs act : whoever makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document in the transaction of any business relating to the customs, knowing or having reason to believe that such declaration, statement or document is false in any material particular, shall be punishable with imprisonment for a term which may extend to 1two years, or with fine, or with both. 1. subs. by act 29 of , s. 30, for six months w.e.f. .

section 133. of the customs act : if any person intentionally obstructs any officer of customs in the exercise of any powers conferred under this act, such person shall be punishable with imprisonment for a term which may extend to 1two years, or with fine, or with both. 1. subs. by s. 31, ibid., for six months w.e.f. .

section 135aa.protection of data of the customs act : 1135aa. protection of data. 1 if a person publishes any information, that is furnished to customs by an exporter or importer under this act, relating to the value or classification or quantity of goods entered for export from india, or import into india, along with the identity of the persons involved or in a manner that leads to disclosure of such identity, unless required so to do under any law for the time being in force or by specific authorisation of such exporter or importer, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both. 2 nothing contained in this section shall apply to a any publication made by or on behalf of the central government b data sourced from any publication made by or on behalf of the central government for analysis of trends in indias international trade and dissemination thereof. explanation.for the purposes of this section, the expression publishes includes reproducing the information in printed or electronic form and making it available for the public. 1. ins. by act 6 of , s. 95 w.e.f.

section 135. of the customs act : 11 without prejudice to any action that may be taken under this act, if any person a is in relation to any goods in any way knowingly concerned in misdeclaration of value or in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any prohibition for the time being imposed under this act or any other law for the time being in force with respect to such goods or b acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, concealing, selling or purchasing or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111 or section 113, as the case may be or c attempts to export any goods which he knows or has reason to believe are liable to confiscation under section 113 or d fraudulently avails of or attempts to avail of drawback or any exemption from duty provided under this act in connection with 2export of goods or 3e obtains an instrument from any authority by fraud, collusion, willful misstatement or suppression of facts and such instrument has been utilised by such person or any other person,, he shall be punishable, i in the case of an offence relating to, a any goods the market price of which exceeds one crore of rupees or b the evasion or attempted evasion of duty exceeding 4fifty lakh of rupees or c such categories of prohibited goods as the central government may, by notification in the official gazette, specify or d fraudulently availing of or attempting to avail of drawback or any exemption from duty referred to in clause d, if the amount of drawback or exemption from duty exceeds 5fifty lakh 6of rupees or with imprisonment for a term which may extend to seven years and with fine: 7e obtaining an instrument from any authority by fraud, collusion, willful misstatement or suppression of facts and such instrument has been utilised by any person, where the duty relatable to utilisation of the instrument exceeds fifty lakh rupees. provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than one year ii in any other case, with imprisonment for a term which may extend to three years, or with fine, or with both. 82 if any person convicted of an offence under this section or under subsection 1 of section 136 is again convicted of an offence under this section, then, he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to seven years and with fine: provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court such imprisonment shall not be for less than 9one year. 3 for the purposes of subsections 1 and 2, the following shall not be considered as special and adequate reasons for awarding a sentence of imprisonment for a term of less than 9one year, namely: i the fact that the accused has been convicted for the first time for an offence under this act ii the fact that in any proceeding under this act, other than a prosecution, the accused has been ordered to pay a penalty or the goods which are the subject matter of such proceedings have been ordered to be confiscated or any other action has been taken against him for the same act which constitutes the offence iii the fact that the accused was not the principal offender and was acting merely as a carrier of goods or otherwise was a secondary party to the commission of the offence iv the age of the accused. 7explanation.for the purposes of this section, the expression instrument shall have the same meaning as assigned to it in the explanation 1 to section 28aaa. 1. subs. by act 22 of , s. 112, for subsection 1 w.e.f. . 2. subs. by act 23 of , s. 79, for export of goods w.e.f. . 3. ins. by s. 79, ibid. w.e.f. . 4. subs. by act 17 of , s. 78, for thirty lakh w.e.f. . 5. subs. by act 17 of , s. 78, for thirty lakh w.e.f. . 6. subs. by act 23 of , s. 79, for of rupees, w.e.f. . 7. ins. by s. 79, ibid. w.e.f. . 8. ins. by act 36 of , s. 5 w.e.f. . 9. subs. by act 25 of , s. 16, for six months w.e.f. .

section 136. of the customs act : 1 if any officer of customs enters into or acquiesces in any agreement to do, abstains from doing, permits, conceals or 1connives at any act or thing, whereby any fraudulent export is effected or any duty of customs leviable on any goods, or any prohibition for the time being in force under this act or any other law for the time being in force with respect to any goods is or may be evaded, he shall be punishable with imprisonment for a term which may extend to 2three years, or with fine, or with both. 2 if any officer of customs, a requires any person to be searched for goods liable to confiscation or any document relating thereto, without having reason to believe that he has such goods or document secreted about his person or b arrests any person without having reason to believe that he has been guilty of an offence punishable under section 135 or c searches or authorises any other officer of customs to search any place without having reason to believe that any goods, documents or things of the nature referred to in section 105 are secreted in that place, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 3 if any officer of customs, except in the discharge in good faith of his duty as such officer or in compliance with any requisition made under any law for the time being in force, discloses any particulars learnt by him in his official capacity in respect of any goods, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. subs. by act 32 of , s. 125, for connives at any act or thing whereby w.e.f. . 2. subs. by act 36 of , s. 7, for two years w.e.f. .

section 134. of the customs act : if any person a resists or refuses to allow a radiologist to screen or to take xray picture of his body in accordance with an order made by a magistrate under section 103, or b resists or refuses to allow suitable action being taken on the advice and under the supervision of a registered medical practitioner for bringing out goods liable to confiscation secreted inside his body, as provided in section 103, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

section 135a. of the customs act : 1135a. preparation.if a person makes preparation to export any goods in contravention of the provisions of this act, and from the circumstances of the case it may be reasonably inferred that if not prevented by circumstances independent of his will, he is determined to carry out his intention to commit the offence, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 1. ins. by act 36 of , s. 6 w.e.f. .

section 135b., of persons convicted under the act. of the customs act : 1135b. power of court to publish name, place of business, etc., of persons convicted under the act.1 where any person is convicted under this act for contravention of any of the provisions thereof, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct. 2 no publication under subsection 1 shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. 3 the expenses of any publication under subsection 1 shall be recoverable from the convicted person as if it were a fine imposed by the court. 1. ins. by act 36 of , s. 6 w.e.f. .

section 137. of the customs act : 1 no court shall take cognizance of any offence under section 132, section 133, section 134 or 1section 135 or section 135a, 2or section 135aa except with the previous sanction of the 3principal commissioner of custom or commissioner of customs. 2 no court shall take cognizance of any offence under section 136, a where the offence is alleged to have been committed by an officer of customs not lower in rank than 4assistant commissioner of customs or deputy commissioner of customs, except with the previous sanction of the central government b where the offence is alleged to have been committed by an officer of customs lower in rank than 4assistant commissioner of customs or deputy commissioner of customs except with the previous sanction of the 3principal commissioner of customs or commissioner of customs. 53 any offence under this chapter may, either before or after the institution of prosecution, be compounded by the 6principal chief commissioner of customs or chief commissioner of customs on payment, by the person accused of the offence to the central government, of 7such compounding amount and in such manner of compounding as may be specified by rules. 8provided that nothing contained in this subsection shall apply to a a person who has been allowed to compound once in respect of any offence under sections 135 and 135a b a person who has been accused of committing an offence under this act which is also an offence under any of the following acts, namely: i the narcotic drugs and psychotropic substances act, 61 of ii the chemical weapons convention act, 34 of iii the arms act, 54 of iv the wild life protection act, 53 of c a person involved in smuggling of goods falling under any of the following, namely: i goods specified in the list of special chemicals, organisms, materials, equipment and technology in appendix 3 to schedule 2 export policy of itc hs classification of export and import items of the foreign trade policy, as amended from time to time, issued under section 5 of the foreign trade development and regulation act, 22 of ii goods which are specified as prohibited items for import and export in the itc hs classification of export and import items of the foreign trade policy, as amended from time to time, issued under section 5 of the foreign trade development and regulation act, 22 of iii any other goods or documents, which are likely to affect friendly relations with a foreign state or are derogatory to national honour d a person who has been allowed to compound once in respect of any offence under this chapter for goods of value exceeding rupees one crore e a person who has been convicted under this act on or after the 30th day of december, . 1. subs. by act 29 of , s. 32, for section 135 w.e.f. . 2.ins. by act 6 of , s. 96 w.e.f. . 3. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 4. subs. by act 22 of , s. 50, for assistant collector of customs w.e.f. 26.5.. again subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 5. ins. by act 23 of , s. 71 w.e.f. . 6. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 7. subs. by act 33 of , s. 89, for such compounding amount w.e.f. . 8. ins. by s. 89, ibid. w.e.f. .

section 138. offences to be tried summarily of the customs act : notwithstanding anything contained in the code of criminal procedure, 5 of , an offence under this chapter other than an offence punishable 1under clause i of subsection 1 of section 135 or under subsection 2 of that section may be tried summarily by a magistrate. 1. subs. by act 36 of , s. 8, for under clause i of section 135 w.e.f. .

section 138a. presumption of culpable mental state of the customs act : 1138a. presumption of culpable mental state.1 in any prosecution for an offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. explanation.in this section, culpable mental state includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact. 2 for the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. 1. ins. by s. 9, ibid. w.e.f. .

section 140a. of the customs act : 1140a. application of section 562 of the code of criminal procedure, , and of the probation of offenders act, .1 nothing contained in section 562 of the code of criminal procedure, 5 of , or in the probation of offenders act, 20 of , shall apply to a person convicted of an offence under this act unless that person is under eighteen years of age. 2 the provisions of subsection 1 shall have effect notwithstanding anything contained in subsection 3 of section 135. 1. ins. by act 36 of , s. 11 w.e.f. .

section 138b. of the customs act : 1138b. relevancy of statements under certain circumstances.1 a statement made and signed by a person before any gazetted officer of customs during the course of any inquiry or proceeding under this act shall be relevant, for the purpose of proving, in any prosecution for an offence under this act, the truth of the facts which it contains, a when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable or b when the person who made the statement is examined as a witness in the case before the court and the court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. 2 the provisions of subsection 1 shall, so far as may be, apply in relation to any proceeding under this act, other than a proceeding before a court, as they apply in relation to a proceeding before a court. 1. ins. by s. 9, ibid. w.e.f. .

section 138c. of the customs act : 1138c. admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence.1 notwithstanding anything contained in any other law for the time being in force, a a micro film of a document or the reproduction of the image or images embodied in such micro film whether enlarged or not or b a facsimile copy of a document or c a statement contained in a document and included in a printed material produced by a computer hereinafter referred to as a computer print out, if the conditions mentioned in subsection 2 and the other provisions contained in this section are satisfied in relation to the statement and the computer in question, shall be deemed to be also a document for the purposes of this act and the rules made thereunder and shall be admissible in any proceedings thereunder, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. 2 the conditions referred to in subsection 1 in respect of a computer printout shall be the following, namely: a the computer printout containing the statement was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer b during the said period, there was regularly supplied to the computer in the ordinary course of the said activities, information of the kind contained in the statement or of the kind from which the information so contained is derived c throughout the material part of the said period, the computer was operating properly or, if not, then any respect in which it was not operating properly or was out of operation during that part of that period was not such as to affect the production of the document or the accuracy of the contents and d the information contained in the statement reproduces or is derived from information supplied to the computer in the ordinary course of the said activities. 3 where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause a of subsection 2 was regularly performed by computers, whether a by a combination of computers operating over that period or b by different computers operating in succession over that period or c by different combinations of computers operating in succession over that period or d in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer and references in this section to a computer shall be construed accordingly. 4 in any proceedings under this act and the rules made thereunder where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, a identifying the document containing the statement and describing the manner in which it was produced b giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer c dealing with any of the matters to which the conditions mentioned in subsection 2 relate, and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities whichever is appropriate shall be evidence of any matter stated in the certificate and for the purposes of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. 5 for the purposes of this section, a information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or with or without human intervention by means of any appropriate equipment b whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities c a document shall be taken to have been produced by a computer whether it was produced by it directly or with or without human intervention by means of any appropriate equipment. explanation.for the purposes of this section, a computer means any device that receives, stores and processes data, applying stipulated processes to the information and supplying results of these processes and b any reference to information being derived from other information shall be a reference to its being derived there from by calculation, comparison or any other process. 1. ins. by act 29 of , s. 6 w.e.f. vide notification no. 18/88c.e. n.t., dated .

section 141. of the customs act : 11 all conveyances and goods in a customs area shall, for the purpose of enforcing the provisions of this act, be subject to the control of officers of customs. 22 the imported or export goods may be received, stored, delivered, despatched or otherwise handled in a customs area in such manner as may be prescribed and the responsibilities of persons engaged in the aforesaid activities shall be such as may be prescribed. 1. section 141 numbered as subsection 1 thereof by act 18 of , s. 74 w.e.f. . 2. ins. by s. 74, ibid. w.e.f. .

section 139. of the customs act : 1139. presumption as to documents in certain cases.where any document i is produced by any person or has been seized from the custody or control of any person, in either case, under this act or under any other law, or ii has been received from any place outside india in the course of investigation of any offence alleged to have been committed by any person under this act, and such document is tendered by the prosecution in evidence against him or against him and any other person who is tried jointly with him, the court shall a presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting, and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested b admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence c in a case falling under clause i also presume, unless the contrary is proved, the truth of the contents of such document. 2explanation.for the purposes of this section, document includes inventories, photographs and lists certified by 3a magistrate under subsection 1c, or commissioner appeals under subsection 1d, of section 110 a magistrate under subsection 1c of section 110. 1. subs. by act 36 of , s. 10 for section 139 w.e.f. . 2. ins. by act 80 of , s. 11 w.e.f. . 3. subs. by act 13 of , s. 97, for a magistrate under subsection 1c of section 110 w.e.f. .

section 140. of the customs act : 1 if the person committing an offence under this chapter is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to such punishment provided in this chapter if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this chapter has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 143a.. of the customs act : duty deferment.omitted by the finance act, 17 of , s. 80 w.e.f. .

section 142. of the customs act : 1 1where any sum payable by any person under this act 2including the amount required to be paid to the credit of the central government under section 28b is not paid, a the proper officer may deduct or may require any other officer of customs to deduct the amount so payable from any money owing to such person which may be under the control of the proper officer or such other officer of customs or b the 3assistant commissioner of customs or deputy commissioner of customs may recover or may require any other officer of customs to recover the amount so payable by detaining and selling any goods belonging to such person which are under the control of the 3assistant commissioner of customs or deputy commissioner of customs or such other officer of customs or 4c if the amount cannot be recovered from such person in the manner provided in clause a or clause b i the 3assistant commissioner of customs or deputy commissioner of customs may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on his business and the said collector on receipt of such certificate shall proceed to recover from such person the amount specified there under as if it were an arrear of land revenue or ii the proper officer may, on an authorisation by 5principal commissioner of customs or commissioner of customs and in accordance with the rules made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and the costs including cost of sale remaining unpaid and shall render the surplus, if any, to such person 6provided that where the person hereinafter referred to as predecessor, by whom any sum payable under this act including the amount required to be paid to the credit of the central government under section 28b is not paid, transfers or otherwise disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such business or trade by any other person, all goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the custody or possession of the person so succeeding may also be attached and sold by the proper officer, after obtaining written approval from the 5principal commissioner of customs or commissioner of customs, for the purposes of recovering the amount so payable by such predecessor at the time of such transfer or otherwise disposal or change. 7d i the proper officer may, by a notice in writing, require any other person from whom money is due to such person or may become due to such person or who holds or may subsequently hold money for or on account of such person, to pay to the credit of the central government either forthwith upon the money becoming due or being held, or at or within the time specified in the notice not being before the money becomes due or is held, so much of the money as is sufficient to pay the amount due from such person or the whole of the money when it is equal to or less than that amount ii every person to whom the notice is issued under this section shall be bound to comply with such notice, and in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before the payment is made, notwithstanding any rule, practice or requirement to the contrary iii in case the person to whom a notice under this section has been issued, fails to make the payment in pursuance thereof to the central government, he shall be deemed to be a defaulter in respect of the amount specified in the notice and all the consequences of this chapter shall follow. 2 where the terms of any bond or other instrument executed under this act or any rules or regulations made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in subsection 1, the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that subsection. 1. subs. by act 22 of , s. 66, for certain words w.e.f. . 2. ins. by act 10 of , s. 88 w.e.f. . 3. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. . 4. subs. by act 22 of , s. 66, for clause c w.e.f. . 5. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 6. ins. by act 23 of , s. 72 w.e.f. . 7. ins. by act 17 of , s. 79 w.e.f. .

section 142a. of the customs act : 1142a. liability under act to be first charge.notwithstanding anything to the contrary contained in any central act or state act, any amount of duty, penalty, interest or any other sum payable by an assessee or any other person under this act, shall, save as otherwise provided in section 529a of the companies act, 1 of , the recovery of debts due to banks and the financial institutions act, 51 of and 2the securitisation and reconstruction of financial assets and the enforcement of security interest act, 54 of and the insolvency and bankruptcy code, 31 of . 1. ins. by act 8 of , s. 51 w.e.f. . 2. subs. by act 31 of , s. 248, for and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 54 of w.e.f. vide notification s.o. no. e, dated .

section 146. of the customs act : 1146. licence for customs brokers.1 no person shall carry on business as a customs broker relating to the entry or departure of a conveyance or the import or export of goods at any customs station unless such person holds a licence granted in this behalf in accordance with the regulations. 2 the board may make regulations for the purpose of carrying out the provisions of this section and, in particular, such regulations may provide for a the authority by which a licence may be granted under this section and the period of validity of such licence b the form of the licence and the fees payable therefor c the qualifications of persons who may apply for a licence and the qualifications of persons to be employed by a licensee to assist him in his work as a customs broker d the manner of conducting the examination e the restrictions and conditions including the furnishing of security by the licensee subject to which a licence may be granted f the circumstances in which a licence may be suspended or revoked and g the appeals, if any, against an order of suspension or revocation of a licence, and the period within which such appeal may be filed. 1. subs. by act 17 of , s. 82, for section 146 w.e.f. .

section 143. of the customs act : 1 where this act or any other law requires anything to be done before a person can import or export any goods or clear any goods from the control of officers of customs and the 1assistant commissioner of customs or deputy commissioner of customs is satisfied that having regard to the circumstances of the case, such thing cannot be done before such import, export or clearance without detriment to that person, the 1assistant commissioner of customs or deputy commissioner of customs may, notwithstanding anything contained in this act or such other law, grant leave for such import, export or clearance on the person executing a bond in such amount, with such surety or security and subject to such conditions as the 1assistant commissioner of customs or deputy commissioner of customs approves, for the doing of that thing within such time after the import, export or clearance as may be specified in the bond. 2 if the thing is done within the time specified in the bond, the 1assistant commissioner of customs or deputy commissioner of customs shall cancel the bond as discharged in full and shall, on demand, deliver it, so cancelled, to the person who has executed or who is entitled to receive it and in such a case that person shall not be liable to any penalty provided in this act or, as the case may be, in such other law for the contravention of the provisions thereof relating to the doing of that thing. 3 if the thing is not done within the time specified in the bond, the 1assistant commissioner of customs or deputy commissioner of customs shall, without prejudice to any other action that may be taken under this act or any other law for the time being in force, be entitled to proceed upon the bond in accordance with law. 1. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 143aa., to facilitate trade. of the customs act : 1143aa. power to simplify or provide different procedure, etc., to facilitate trade.notwithstanding anything contained in any other provision of this act, the board may, for the purposes of facilitation of trade, take such measures or prescribe separate procedure or documentation for a class of importers or exporters or for categories of goods or on the basis of the modes of transport of goods, in order to, a maintain transparency in the import and export documentation or b expedite clearance or release of goods entered for import or export or c reduce the transaction cost of clearance of importing or exporting goods or d maintain balance between customs control and facilitation of legitimate trade. 1. ins. by act 13 of , s. 97 w.e.f. .

section 147. of the customs act : 1 where this act requires anything to be done by the owner, importer or exporter of any goods, it may be done on his behalf by his agent. 2 any such thing done by an agent of the owner, importer or exporter of any goods shall, unless the contrary is proved, be deemed to have been done with the knowledge and consent of such owner, importer or exporter, so that in any proceedings under this act, the owner, importer or exporter of the goods shall also be liable as if the thing had been done by himself. 3 when any person is expressly or impliedly authorised by the owner, importer or exporter of any goods to be his agent in respect of such goods for all or any of the purposes of this act, such person shall, without prejudice to the liability of the owner, importer or exporter, be deemed to be the owner, importer or exporter of such goods for such purposes 1including liability therefor under this act: provided that where any duty is not levied or is shortlevied or erroneously refunded on account of any reason other than any wilful act, negligence or default of the agent, such duty shall not be recovered from the agent unless in the opinion of 2assistant commissioner of customs or deputy commissioner of customs the same cannot be recovered from the owner, importer or exporter. 1. ins. by act 17 of , s. 84 w.e.f. . 2. subs. by act 27 of , s. 100, for assistant commissioner of customs w.e.f. .

section 148. of the customs act : 1 where this act requires anything to be done by the person in charge of a conveyance, it may be done on his behalf by his agent. 2 an agent appointed by the person in charge of a conveyance and any person who represents himself to any officer of customs as an agent of any such person in charge, and is accepted as such by that officer, shall be liable for the fulfilment in respect of the matter in question of all obligations imposed on such person in charge by or under this act or any law for the time being in force, and to penalties and confiscations which may be incurred in respect of that matter.

section 144. of the customs act : 1 the proper officer may, on the entry or clearance of any goods or at any time while such goods are being passed through the customs area, take samples of such goods in the presence of the owner thereof, for examination or testing, or for ascertaining the value thereof, or for any other purposes of this act. 2 after the purpose for which a sample was taken is carried out, such sample shall, if practicable, be restored to the owner, but if the owner fails to take delivery of the sample within three months of the date on which the sample was taken, it may be disposed of in such manner as the 1principal commissioner of customs or commissioner of customs may direct. 3 no duty shall be chargeable on any sample of goods taken under this section which is consumed or destroyed during the course of any test or examination thereof, 2. 1. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 2. the words , if such duty amounts to five rupees or more omitted by act 17 of , s. 81 w.e.f. .

section 145., to perform operations incidental to compliance with customs law. of the customs act : all operations necessary for making any goods available for examination by the proper officer or for facilitating such examination shall be performed by, or at the expense of, the owner, importer or exporter of the goods, as the case may be.

section 146a. of the customs act : 1146a. appearance by authorised representative.1 any person who is entitled or required to appear before an officer of customs or the appellate tribunal in connection with any proceedings under this act, otherwise than when required under section 108 to attend personally for examination on oath or affirmation, may, subject to the other provisions of this section, appear by an authorised representative. 2 for the purposes of this section, authorised representative means a person authorised by the person referred to in subsection 1 to appear on his behalf, being a his relative or regular employee or b a 5custom broker licensed under section 146 or c any legal practitioner who is entitled to practise in any civil court in india or d any person who has acquired such qualifications as the central government may specify by rules made in this behalf. 3 notwithstanding anything contained in this section, no person who was a member of the indian customs and central excise servicegroup a and has retired or resigned from such service after having served for not less than three years in any capacity in that service shall be entitled to appear as an authorised representative in any proceedings before an officer of customs for a period of two years from the date of his retirement or resignation, as the case may be. 4 no person, a who has been dismissed or removed from government service or 3b who is convicted of an offence connected with any proceeding under this act, the central excise and salt act, 1 of , or the gold control act, 45 of or the finance act, 32 of or c who has become an insolvent, shall be qualified to represent any person under subsection 1, for all times in the case of a person referred to in clause a, and for such time as the 4principal commissioner of customs or commissioner of customs or the competent authority under the 5central excise and salt act, 1 of , or the gold control act, 45 of or the finance act, 32 of , as the case may be, may, by order, determine in the case of a person referred to in clause b, and for the period during which the insolvency continues in the case of a person referred to in clause c. 5 if any person, a who is a legal practitioner, is found guilty of misconduct in his professional capacity by any authority entitled to institute proceedings against him, an order passed by that authority shall have effect in relation to his right to appear before an officer of customs or the appellate tribunal as it has in relation to his right to practice as a legal practitioner b who is not a legal practitioner, is found guilty of misconduct in connection with any proceedings under this act by such authority as may be specified by rules made in this behalf, that authority may direct that he shall thenceforth be disqualified to represent any person under subsection 1. 6 any order or direction under clause b of subsection 4 or clause b of subsection 5 shall be subject to the following conditions, namely: a no such order or direction shall be made in respect of any person unless he has been given a reasonable opportunity of being heard b any person against whom any such order or direction is made may, within one month of the making of the order or direction, appeal to the board to have the order or direction cancelled and c no such order or direction shall take effect until the expiration of one month from the making thereof, or, where an appeal has been preferred, until the disposal of the appeal. 1. ins. by act 44 of , s. 50 and the fifth schedule w.e.f. . 2. subs. by act 17 of , s. 83, for customs house agent w.e.f. . 3. subs. by act 17 of , s. 83, for clause b w.e.f. . 4. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. . 5. subs. by act 17 of , s. 83, for central excises and salt act, 1 of or the gold control act, 45 of w.e.f. .

section 149. of the customs act : save as otherwise provided in sections 30 and 41, the proper officer may, in his discretion, authorise any document, after it has been presented in the custom house to be amended 1in such form and manner, within such time, subject to such restrictions and conditions, as may be prescribed: provided that no amendment of a bill of entry or a shipping bill or bill of export shall be so authorised to be amended after the imported goods have been cleared for home consumption or deposited in a warehouse, or the export goods have been exported, except on the basis of documentary evidence which was in existence at the time the goods were cleared, deposited or exported, as the case may be. 1. ins. by act 23 of , s. 80 w.e.f. .

section 154. of the customs act : clerical or arithmetical mistakes in any decision or order passed by the central government, the board or any officer of customs under this act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the central government, the board or such officer of customs or the successor in office of such officer, as the case may be.

section 150. of the customs act : 1 where any goods not being confiscated goods are to be sold under any provisions of this act, they shall, after notice to the owner thereof, be sold by public auction or by tender or with the consent of the owner in any other manner. 2 the proceeds of any such sale shall be applied a firstly to the payment of the expenses of the sale, b next to the payment of the freight and other charges, if any, payable in respect of the goods sold, to the carrier, if notice of such charges has been given to the person having custody of the goods, c next to the payment of the duty, if any, on the goods sold, d next to the payment of the charges in respect of the goods sold due to the person having the custody of the goods, e next to the payment of any amount due from the owner of the goods to the central government under the provisions of this act or any other law relating to customs, and the balance, if any, shall be paid to the owner of the goods. 1provided that where it is not possible to pay the balance of sale proceeds, if any, to the owner of the goods within a period of six months from the date of sale of such goods or such further period as the 2principal commissioner of customs or commissioner of customs may allow, such balance of sale proceeds shall be paid to the central government. 1. the proviso ins. by act 8 of , s. 52 w.e.f. . 2. subs. by act 25 of , s. 78, for commissioner of customs w.e.f. .

section 151. of the customs act : the following officers are hereby empowered and required to assist officers of customs in the execution of this act, namely: a officers of the central excise department b officers of the navy c officers of police d officers of the central or state governments employed at any port or airport e such other officers of the central or state governments or a local authority as are specified by the central government in this behalf by notification in the official gazette.

section 151a. of the customs act : 1151a. instructions to officers of customs.the board may, if it considers it necessary or expedient so to do for the purpose of uniformity in the classification of goods or with respect to the levy of duty thereon, 2or for the implementation of any other provisions of this act or of any other law for the time being in force, insofar as they relate to any prohibition, restriction or procedure for import or export of goods issue such orders, instructions and directions to officers of customs as it may deem fit and such officers of customs and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued a so as to require any such officer of customs to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the 3commissioner of customs appeals in the exercise of his appellate functions. 1. ins. by act 80 of , s. 12 w.e.f. . 2. ins. by act 8 of , s. 53 w.e.f. . 3. subs. by act 22 of , s. 50, for collector of customs w.e.f. .

section 151b. of the customs act : 1151b. reciprocal arrangement for exchange of information facilitating trade.1 the central government may enter into an agreement or any other arrangement with the government of any country outside india or with such competent authorities of that country, as it deems fit, for facilitation of trade, enforcing the provisions of this act and exchange of information for trade facilitation, effective risk analysis, verification of compliance and prevention, combating and investigation of offences under the provisions of this act or under the corresponding laws in force in that country. 2 the central government may, by notification, direct that the provisions of this section shall apply to the contracting state with which reciprocal agreement or arrangements have been made, subject to such conditions, exceptions or qualifications as may be specified in that notification. 3 subject to the provisions of subsection 2, the information received under subsection 1 may also be used as evidence in investigations and proceedings under this act. 4 where the central government has entered into a multilateral agreement for exchange of information or documents for the purpose of verification of compliance in identified cases, the board shall specify the procedure for such exchange, the conditions subject to which such exchange shall be made and designation of the person through whom such information shall be exchanged. 5 notwithstanding anything contained in subsection 1 or subsection 2 or subsection 3, anything done or any action taken or purported to have been done or taken, in pursuance to any agreement entered into or any other arrangement made by the central government prior to the date on which the finance bill, receives the assent of the president, shall be deemed to have been done or taken under the provisions of this section. explanation.for the purposes of this section, the expressions, i contracting state means any country outside india in respect of which agreement or arrangements have been made by the central government with the government or authority of such country through an agreement or otherwise ii corresponding law means any law in force in the contracting state corresponding to any of the provisions of this act or dealing with offences in that country corresponding to any of the offences under this act. 1. ins. by act 13 of , s. 98 w.e.f. .

section 154a. of the customs act : 1154a. rounding off of duty, etc.the amount of duty, interest, penalty, fine or any other sum payable, and the amount of refund, drawback or any other sum due, under the provisions of this act shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise then, if such part is fifty paise or more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored. 1. ins. by act 12 of , s. 62 w.e.f. .

section 155. of the customs act : 1 no suit, prosecution or other legal proceedings shall lie against the central government or any officer of the government or a local authority for anything which is done, or intended to be done in good faith, in pursuance of this act or the rules or regulations. 2 no proceeding other than a suit shall be commenced against the central government or any officer of the government or a local authority for anything purporting to be done in pursuance of this act without giving the central government or such officer a months previous notice in writing of the intended proceeding and of the cause thereof, or after the expiration of three months from the accrual of such cause.

section 152. of the customs act : the central government may, by notification in the official gazette, direct that subject to such conditions, if any, as may be specified in the notification a any power exercisable by the board under this act shall be exercisable also by 1a 2principal chief commissioner of customs or chief commissioner of customs or a 3principal commissioner of customs or commissioner of customs empowered in this behalf by the central government b any power exercisable by a 3principal commissioner of customs or commissioner of customs under this act may be exercisable also by a 4joint commissioner of customs or an 5assistant commissioner of customs or deputy commissioner of customs empowered in this behalf by the central government c any power exercisable by a 4joint commissioner of customs under this act may be exercisable also by an 5assistant commissioner of customs or deputy commissioner of customs empowered in this behalf by the central government d any power exercisable by an 5assistant commissioner of customs or deputy commissioner of customs under this act may be exercisable also by a gazetted officer of customs empowered in this behalf by the board. 1. subs by act 29 of , s. 7, for a collector of customs w.e.f. vide notification no. 18/88 n.t.c.e., dated . 2. subs. by act 25 of , s. 78, for chief commissioner of customs w.e.f. . 3. subs. by s. 78, ibid., for commissioner of customs w.e.f. . 4. subs. by act 27 of , s. 100, for deputy commissioner of customs w.e.f. . 5. subs. by s. 100, ibid., for assistant commissioner of customs w.e.f. .

section 153. of the customs act : . modes for service of notice order, etc.1 an order, decision, summons, notice or any other communication under this act or the rules made thereunder may be served in any of the following modes, namely: a by giving or tendering it directly to the addressee or importer or exporter or his customs broker or his authorised representative including employee, advocate or any other person or to any adult member of his family residing with him b by a registered post or speed post or courier with acknowledgement due, delivered to the person for whom it is issued or to his authorised representative, if any, at his last known place of business or residence c by sending it to the email address as provided by the person to whom it is issued, or to the email address available in any official correspondence of such person d by publishing it in a newspaper widely circulated in the locality in which the person to whom it is issued is last known to have resided or carried on business or e by affixing it in some conspicuous place at the last known place of business or residence of the person to whom it is issued and if such mode is not practicable for any reason, then, by affixing a copy thereof on the notice board of the office or uploading on the official website, if any. 2 every order, decision, summons, notice or any communication shall be deemed to have been served on the date on which it is tendered or published or a copy thereof is affixed or uploaded in the manner provided in subsection 1. 3 when such order, decision, summons, notice or any communication is sent by registered post or speed post, it shall be deemed to have been received by the addressee at the expiry of the period normally taken by such post in transit unless the contrary is proved. 1. subs. by act 13 of , s. 99, for section 153 w.e.f. .

section 158. of the customs act : 1 all rules and regulations made under this act shall be published in the official gazette. 2 any rule or regulation which the central government or the board is empowered to make under this act may provide i for the levy of fees in respect of applications, amendment of documents, furnishing of duplicates of documents, issue of certificates, and supply of statistics, and for rendering of any services by officers of customs under this act 1ii that any person who contravenes any provision of a rule or regulation or abets such contravention or who fails to comply with any provision of a rule or regulation with which it was his duty to comply, shall be liable to a penalty which may extend to 2two lakh rupees. 1. subs. by act 18 of , s. 75, for clause ii w.e.f. . 2. subs. by act 23 of , s. 82, for fifty thousand rupees w.e.f. .

section 154c. of the customs act : 1154c. common customs electronic portal.the board may notify a common portal, to be called the common customs electronic portal, for facilitating registration, filing of bills of entry, shipping bills, other documents and forms prescribed under this act or under any other law for the time being in force or the rules or regulations made there under, payment of duty and for such other purposes, as the board may, by notification, specify. 1. ins. by act 13 of , s. 100 w.e.f. .

section 154b. of the customs act : 1154b. publication of information respecting persons in certain cases.1 if the central government is of opinion that it is necessary or expedient in the public interest to publish the names of any person and any other particulars relating to any proceedings or prosecutions under this act in respect of such person, it may cause to be published such names and particulars in such manners as it thinks fit. 2 no publication under this section shall be made in relation to any penalty imposed under this act until the time for presenting an appeal to the commissioner appeals under section 128 or the appellate tribunal under section 129a, as the case may be, has expired without an appeal having been presented or the appeal, if presented, has been disposed of. explanation.in the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasures or managers of the company, or the members of the association, as the case may be, may also be published if, in the opinion of the central government, circumstances of the case justify it. 1. ins. by act 29 of , s. 33 w.e.f. .

section 160. of the customs act : 1 the enactments specified in the schedule are hereby repealed to the extent mentioned in the fourth column thereof. 2 in the indian tariff act, 32 of a for section 2, the following section shall be substituted, namely: 2. duties specified in the schedules to be levied.the rates at which duties of customs shall be levied under the customs act, , are specified in the first and second schedules. b sections 5 and 6 shall stand repealed. 3 notwithstanding the repeal of any enactment by this section, a any notification, rule, regulation, order or notice issued or any appointment or declaration made or any licence, permission or exemption granted for any assessment made, confiscation adjudged or any duty levied or any penalty or fine imposed or any forfeiture, cancellation or discharge of any bond ordered or any other thing done or any other action taken under any repealed enactment shall, so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provision of this act b any document referring to any enactment hereby repealed shall be construed as referring to this act or to the corresponding provision of this act. 4 this act shall apply to all goods which are subject to the control of customs at the commencement of this act notwithstanding that the goods were imported before such commencement. 5 where the period prescribed for any application, appeal, revision or other proceeding under any repealed enactment had expired on or before the commencement of this act, nothing in this act shall be construed as enabling any such application, appeal or revision to be made or a proceeding to be instituted under this act by reason only of the fact that a longer period therefore is prescribed or provision is made for extension of time in suitable cases by the appropriate authority. 6 the provisions of section 65 shall apply to goods warehoused before the commencement of this act if the operations permissible under that section were carried on after such commencement. 7 any duty or penalty payable under any repealed enactment may be recovered in a manner provided under this act but without prejudice to any action already taken for the recovery of such duty or penalty under the repealed enactment. 8 the mention of particular matters in subsections 4, 5, 6 and 7 shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 10 of , with regard to the effect of repeals. 9 nothing in this act shall affect any law for the time being in force relating to the constitution and powers of any port authority in a major port as defined in the indian ports act, 15 of .

section 156. of the customs act : 1 without prejudice to any power to make rules contained elsewhere in this act, the central government may make rules consistent with this act generally to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the manner of determining the transaction value of the imported goods and export goods under subsection 1 of section 14 b the conditions subject to which accessories of, and spare parts and maintenance and repairing implements for, any article shall be chargeable at the same rate of duty as that article 2c the due date and the manner of making deferred payment of duties, taxes, cesses or any other charges under sections 47 and 51. d the detention and confiscation of goods the importation of which is prohibited and the conditions, if any, to be fulfilled before such detention and confiscation and the information, notices and security to be given and the evidence requisite for the purposes of such detention or confiscation and the mode of verification of such evidence e the reimbursement by an informant to any public officer of all expenses and damages incurred in respect of any detention of any goods made on his information and of any proceedings consequent on such detention f the information required in respect of any goods mentioned in a shipping bill or bill of export which are not exported or which are exported and are afterwards relanded 3g the publication, subject to such conditions as may be specified therein, of names and other particulars of persons who have been found guilty of contravention of any of the provisions of this act or the rules. 4h the amount to be paid 5for compounding and the manner of compounding under subsection 3 of section 137. 6i the form, time limit, manner, circumstances, conditions, restrictions and such other matters for carrying out the provisions of chapter vaa. 1. subs. by act 22 of , s. 113, for clause a w.e.f. vide notification no. 93/cus. n.t., dated . 2. ins. by act 28 of , s. 138 w.e.f. . 3. added by act 36 of , s. 12 w.e.f. . 4. ins. by act 23 of , s. 73 w.e.f. . 5. subs. by act 33 of , s. 90, for for compounding w.e.f. . 6. ins. by act 12 of , s. 114 w.e.f. .

section 161. of the customs act : if any difficulty arises in giving effect to the provisions of this act, particularly in relation to the transition from the enactments repealed by this act to the provisions of this act, the central government may, by general or special order, do anything not inconsistent with such provisions which appears to be necessary or expedient for the purpose of removing the difficulty.

section 157. of the customs act : 1 without prejudice to any power to make regulations contained elsewhere in this act, the board may make regulations consistent with this act and the rules, generally to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the form 1and manner to deliver or present of a bill of entry, shipping bill, bill of export, 2arrival manifest or import manifest, import report, 3departure manifest or export manifest, export report, 4bill of transhipment, declaration for transhipment boat note and bill of coastal goods 5ai the manner of export of goods, relinquishment of title to the goods and abandoning them to customs and destruction or rendering of goods commercially valueless in the presence of the proper officer under clause d of subsection 1 of section 26a aii the form and manner of making application for refund of duty under subsection 2 of section 26a 6aa the 7form and manner in which an application for refund shall be made under section 27 8ab the form, the particulars, the manner and the time of delivering the passenger and crew manifest for arrival and departure and passenger name record information and the penalty for delay in delivering such information under sections 30a and 41a b the conditions subject to which the transhipment of all or any goods under subsection 3 of section 54, the transportation of all or any goods under section 56 and the removal of warehoused goods from one warehouse to another under section 67, may be allowed without payment of duty c the conditions subject to which any manufacturing process or other operations may be carried on in a warehouse under section 65. 9d the time and manner of finalisation of provisional assessment e the manner of conducting prenotice consultation f the circumstances under which, and the manner in which, supplementary notice may be issued g the form and manner in which an application for advance ruling or appeal shall be made, and the procedure for the authority, under chapter vb h the manner of clearance or removal of imported or export goods i the documents to be furnished in relation to imported goods j the conditions, restrictions and the manner of making deposits in electronic cash ledger, the utilisation and refund therefrom and the manner of maintaining such ledger 10ja the manner of maintaining electronic duty credit ledger, making payment from such ledger, transfer of duty credit from ledger of one person to the ledger of another and the conditions, restrictions and time limit relating thereto k the manner of conducting audit 11ka the manner of authentication and the time limit for such authentication, the document or information to be furnished and the manner of submitting such document or information and the time limit for such submission, the form and the manner of furnishing alternative means of identification and the time limit for furnishing such identification, person or class of persons to be exempted and conditions subject to which suspension may be made, under chapter xiib l the goods for controlled delivery and the manner thereof m the measures and separate procedure or documentation for a class of importers or exporters or categories of goods or on the basis of the modes of transport of goods. 12n the form and manner, the time limit and the restrictions and conditions for amendment of any document under section 149. 1. ins. by act 13 of , s. 100 w.e.f. . 2. subs. by s. 56, ibid., for import manifest w.e.f. . 3. subs. by s. 56, ibid., for export manifest w.e.f. . 4. subs. by act 27 of , s. 115, for bill of transhipment w.e.f. . 5. ins. by act 33 of , s. 91 w.e.f. . 6. ins. by act 40 of , s. 14 w.e.f. . 7. subs. by act 22 of , s. 67, for form w.e.f. . 8. ins. by act 7 of , s. 108 w.e.f. . 9. subs. by act 13 of , s. 100, for clause d w.e.f. . 10. ins. by act 12 of , s. 115 w.e.f. . 11. ins. by act 23 of , s. 81 w.e.f. . 12. ins. by act 23 of , s. 81 w.e.f. .

section 159. of the customs act : 1159. rules, certain notifications and orders to be laid before parliament.every rule or regulation made under this act, every notification issued under sections 11, 11b, 11h, 11i, 11k, 11n, 14, 25, 28a, 43, 66, 69, 70, 74, 75, 76, 98, 98a, 101 and 123 and every order made under subsection 2 of section 25, other than an order relating to goods of strategic, secret, individual or personal nature, shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or notification or order, or both houses agree that the rule or regulation should not be made or notification or order should not be issued or made, the rule or regulation or notification or order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification or order. 1. subs. by act 22 of , s. 68, for section 159 w.e.f. .

section 159a., of rules, regulations, notifications or orders. of the customs act : 1159a. effect of amendments, etc., of rules, regulations, notifications or orders.where any rule, regulation, notification or order made or issued under this act or any notification or order issued under such rule or regulation, is amended, repealed, superseded or rescinded, then, unless a different intention appears, such amendment, repeal, supersession or rescinding shall not a revive anything not in force or existing at the time at which the amendment, repeal, supersession or rescinding takes effect or b affect the previous operation of any rule, regulation, notification or order so amended, repealed, superseded or rescinded or anything duly done or suffered thereunder or c affect any right, privilege, obligation or liability acquired, accrued or incurred under any rule, regulation, notification or order so amended, repealed, superseded or rescinded or d affect any penalty, forfeiture or punishment incurred in respect of any offence committed under or in violation of any rule, regulation, notification or order so amended, repealed, superseded or rescinded or e affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the rule, regulation, notification or order, as the case may be, had not been amended, repealed, superseded or rescinded. 1. ins. by act 14 of , s. 113 w.e.f. .

section 8. claims not cognizable in othercourts. of the wastelands claims act : whenever any court is constituted under this act, notice thereof shall be given by a written proclamation, copies of which shall be affixed in the several courts, and in the offices of the several collectors and magistrates of the district: and from the date of the issue of such proclamation, no other court shall be competent to entertain any claim or objection, belonging to the class of claims or objections for the trial and determination of which such court is constituted.

section 1. of the wastelands claims act : when any claim shall be preferred to any waste land proposed to be sold, or otherwise dealt with, on account of 1the state government, or when any objection shall be taken to the sale or other disposition of such land, the collector of the district in which such land is situate, or other officer performing the duties of a collector of land revenue in such district by whatever name his office is designated, shall, if the claim or objection be preferred within the period mentioned in the advertisement to be issued for the sale or other disposition of such land, which period shall not be less than three months, proceed to make an enquiry into the claim or objection. 1. subs. by the a.o. for govt.dbqts

section 2. of the wastelands claims act : the collector or other officer as aforesaid, shall call upon the claimant or objector to produce any evidence or documents, upon which he may rely in proof of his claim or objection and after considering the same, and making any further enquiry that may appear proper, shall dispose of the case by an order for the admission or rejection of the claim or objection and if the land is proposed to be sold, for the sale of the same subject to any condition or reservation which, to such collector or other officer as aforesaid, shall appear to be proper. if the land is ordered to be sold subject to any condition or reservation, such condition or reservation shall be notified to intending purchasers at the time of sale.

section 3., to be postponed. of the wastelands claims act : pending an enquiry into any claim or objection under the last preceding section, the collector or other officer as aforesaid shall postpone the sale or other disposition of the land and, if he shall order that such claim or objection be rejected, he shall further postpone the sale or other disposition of the land, to allow the claimant or objector to contest the order of rejection in the manner hereinafter provided.

section 7. of the wastelands claims act : for the investigation and trial of claims under this act, the local government shall constitute, in every district in which there may be any waste lands capable of being sold, or otherwise dealt with, on account of government, a court consisting of an uneven number of persons, not less than three of whom the judge of the district, or the officer presiding in the principal civil court of original jurisdiction in the district, by whatever name his office may be designated, shall be one. any one or more of the members of which such court shall consist shall have power to make all such orders in the case as may be necessary prior to the hearing of the suit: provided that, whenever the collector, or other officer, by whom the original enquiry was held, is the fficer presiding in the principal civil court of original jurisdiction in the district, such officer shall not be a member of such court.

section 9. of the wastelands claims act : the courts constituted under this act shall be held at such place, or places, within the limits of their respective jurisdictions, as shall be considered most convenient.

section 4.sale to be stopped if claim appear to be established,but may afterwards be proceededwith of the wastelands claims act : if the collector or other officer as aforesaid shall consider the claim or objection to be established, and that the sale or other disposition of the land should not take place, he shall stop the sale or other disposition of the land: but such sale or other disposition of the land may afterwards be proceeded with, if, on an order issued by the local government to try to claim or objection, as provided in section vi of this act, the claimant or objector shall fail to establish the same.

section 5. of the wastelands claims act : if the collector or other officer as aforesaid shall order that the claim or objection be rejected, or that the land be sold subject to any condition or reservation, or that it be otherwise dealt with, he shall cause a copy of such order to be delivered to the claimant or objector order when final.and if such claimant or objector shall not, within one week from the delivery of such copy, or within such further time as the collector or other officer as aforesaid, for any special reason to be recorded, shall see fit to grant, give notice in writing to such collector or other officer as aforesaid, that he intends to contest such order, the order shall be final. report to board.if the claimant or objector shall, within the time allowed, give such notice, the collector or other officer as aforesaid shall immediately make a report to the 1board of revenue, or other superior revenue authority 2to which he is immediately subordinate and shall forward with such report a copy of his order, stating fully all the circumstances of the case, and the evidence adduced in support, or otherwise, of the claim or objection decision of board.and such 3board, or other authority, on the receipt of such report, and after calling for any further information which it may consider necessary, may confirm, modify or reverse, the order of the collector or other officer as aforesaid. if the board or other authority as aforesaid confirm the order of the collector or other officer as aforesaid, or modify such order in such to manner as to leave any part of such order in force adverse to the claimant or objector, the collector or other officer as aforesaid shall certify such order to the court constituted as hereinafter provided. and such court shall forthwith give notice to the claimant or objector and if such claimant or objector . and if such claimant or objector shall not, 4within thirty days from the delivery of such notice from the court, institute a suit in such court to establish his claim or objection, the order of the 5board or other authority aforesaid shall be final.. 1. the words board of revenue or other rep. by act 4 of , schedule, pt. i. 2. ins., ibid., 3. the words board or other rep., ibid. 4. the words within thirty days from the delivery of such notice from the court rep. by act 9 of . for limitation, see now the indian limitation act, 9 of . 5. the words board or other rep., by act 4 of , schedule, pt. i.

section 12. of the wastelands claims act : the court shall fix a day for the appearance of the parties, and for the hearing of the suit, of which due notice shall be given to the parties or their agents and on the day so fixed, the parties or their agents shall bring their witnesses into court, together with any documents on which they may intend to rely in support of their respective statements. if either party require the assistance of the court to procure the attendance of a witness on such day, he shall apply to the court in sufficient time, before the day fixed for the hearing of the suit and the court shall issue a subpoena requiring such witness to attend the court on that day it shall be competent to the court to require the personal attendance of the claimant of the waste land, or objector, as aforesaid, on the day fixed for the hearing, or at any subsequent stage of the suit.

section 6.local government may, with in twelve months, order suit to be brought to try claim admitted by collector of the wastelands claims act : the local government may, within twelve months after the date on which the claim of any claimant of waste land, or the objection of any objector, as aforesaid, shall have been admitted under this act by the collector or other officer as aforesaid, direct a suit to be brought to try the claim or objection of the claimant or objector, in a court constituted as hereinafter provided.

section 10. of the wastelands claims act : in every suit instituted under section v of this act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff and the collector, or other officer aforesaid, shall appear as defendant on the part of 1the state government either party may appear by pleader or by agent. proviso.provided that if such other officer as aforesaid be the presiding officer of the principal civil court of original jurisdiction in the district, the local government shall appoint some other officer to appear as defendant in the case on its behalf. in any suit ordered to be instituted by the local government under section vi of this act, 1the state government, by any officer, to be appointed for the purpose, shall appear as plaintiff and the claimant or objector as aforesaid shall appear as defendant. 1. subs. by the a.o. for govt.

section 16. of the wastelands claims act : the court may proceed in the case notwithstanding a reference to the high court, or other highest civil court of appeal as aforesaid and may pass an order contingent upon the opinion of the high court, or other court as aforesaid, on the point referred but no final order for the sale or other disposition of the land in question in the suit, or for the admission or rejection of any claim or objection which shall be before the court in such suit, shall be passed, until the receipt of the order of the said high court, or highest civil court of appeal.

section 11. of the wastelands claims act : the court shall fix a day for the appearance of the parties, and for the hearing of the suit, of which due notice shall be given to the parties or their agents and on the day so fixed, the parties or their agents shall bring their witnesses into court, together with any documents on which they may intend to rely in support of their respective statements. if either party require the assistance of the court to procure the attendance of a witness on such day, he shall apply to the court in sufficient time, before the day fixed for the hearing of the suit and the court shall issue a subpoena requiring such witness to attend the court on that day it shall be competent to the court to require the personal attendance of the claimant of the waste land, or objector, as aforesaid, on the day fixed for the hearing, or at any subsequent stage of the suit.

section 18.provision for such claims if preferred with in time. of the wastelands claims act : no claim to any land, or to compensation or damages in respect of any land, sold or otherwise dealt with on account of 1the state government as waste land, shall be received after the expiration of three years from the date on which such land shall have been delivered by the government to the purchaser, or otherwise dealt with. if within three years after any lands have been delivered by the government to the purchaser, or otherwise dealt with, any claimant or objector shall prefer a claim to the land so delivered, or otherwise dealt with, or an objection to such sale, or to compensation or damages in respect thereof, in the court constituted under this act for the district in which the land is situate and shall show good and sufficient reason for not having preferred his claim or objection to the collector or other officer as aforesaid, within the period limited under section i of this act such court shall file the claim or objection, making the claimant or objector plaintiff, and the collector of the district or other officer as aforesaid with the like provision as aforesaid if such other officer be the presiding officer of the principal civil court of original jurisdiction in the district, the defendant in the suit and the foregoing provisions of this act shall be applicable to the trial and determination of the suit. the report of the officer employed to give delivery, or to take possession, on the part of 1the state government, of the land sold or otherwise dealt with, shall be conclusive evidence as to the date on which such delivery was made, or possession was taken. 1. subs. by the a.o. for govt..

section 13. of the wastelands claims act : on the day fixed for the hearing of the suit, or as soon after as may be practicable, the court shall proceed to examine the claimant of the waste land, or the objector, or his agent when his personal attendance is not required, and the witnesses of the parties and upon such examination, and after inspecting the documents of the parties, and making any further enquiry that may appear necessary, shall proceed to pass such order in the case as it may consider just and proper.

section 14. of the wastelands claims act : if, on the trial of any suit under this act, any question of to law, or of usage having the force of law, or the construction of a document affecting the merits of the case, shall arise, on which the court shall entertain reasonable doubts, the court may, either of its own motion, or on the application of any of the parties to the suit, draw up a statement of the case and submit it, with its own opinion, for the opinion of the high court of judicature, or of the highest civil court of appeal and revision in the territory in which the land is situate: provided that it shall be the duty of every court held under this act, to make such reference to such high court, or court of appeal, if, in any suit under this act, any question shall arise involving any principle of general importance, or the rights of a class.

section 21. of the wastelands claims act : an award under any of the provisions of the two last preceding sections shall be in full satisfaction of the claim of the claimant or objector and shall bar any future claim on his part, in respect to the land in suit resting on the same cause of action, or on a cause of action which existed prior to the date of the sale or other disposition of the land on account of 1the state government.

section 15., to high court c. of the wastelands claims act : if, on the trial of any suit under this act, any question of to law, or of usage having the force of law, or the construction of a document affecting the merits of the case, shall arise, on which the court shall entertain reasonable doubts, the court may, either of its own motion, or on the application of any of the parties to the suit, draw up a statement of the case and submit it, with its own opinion, for the opinion of the high court of judicature, or of the highest civil court of appeal and revision in the territory in which the land is situate: provided that it shall be the duty of every court held under this act, to make such reference to such high court, or court of appeal, if, in any suit under this act, any question shall arise involving any principle of general importance, or the rights of a class.

section 17. of the wastelands claims act : the record of cases disposed of by courts constituted under this act, shall be deposited amongst the records of the principal civil court of original jurisdiction in the district in which the property in dispute is situate.

section 23. of the wastelands claims act : if the land have been sold subject to any condition or reservation, or have been otherwise disposed of, on account of 1the state government, and any claim to such land, or objection to the sale or other disposition of the land, shall be proved to the satisfaction of the 1the state government, although not preferred to the collector or other officer as aforesaid, or to the court constituted under this act, within the period prescribed by this act, 1the state government may award to such claimant or objector such amount as to such state government may appear to be the value of the interest of such claimant or objector in such land. 1. subs. by the a.o. for govt..

section 19. of the wastelands claims act : in any case in which the land has been sold, if the court shall be of opinion that the claim of the claimant is established, the court shall not award the claimant possession of the land in dispute but shall order him to receive from 1the state government treasury, by way of compensation, a sum equal to the price at which the land was sold, in addition to the costs of suit.

section 24. number. of the wastelands claims act : interpretationclause. number. gender.rep. by repealing and amending act, 10 of , s. 3 and sch. ii.

section 20. of the wastelands claims act : if the land shall have been sold subject to any condition reservation, or shall not have been sold, but shall have been otherwise dealt with on account of the 1the state government, and the court shall be of opinion that the claim to such land, or the objection of an objector, is established, the court shall award the claimant or objector to receive such sum, in respect of his interest in such land, as shall be awarded in that behalf under the provisions of 3act vi of for the acquisition of lands for public purposes. and thereupon the state government shall proceed under the said act to obtain an award of the value of such interest.

section 22. of the wastelands claims act : nothing in this act shall be held to prevent 1the state government from awarding, to any claimant of waste land sold on account of government, on proof to the satisfaction of the state government of the claim of such claimant notwithstanding that he may not have preferred his claim either to the collector or other officer as aforesaid, or to the proper court constituted under this act, within the period prescribed by this act, such amount as compensation for the said land, within the limit as to amount mentioned in section xix of this act, if the land have been sold not subject to any condition or reservation, as to such state government may seem proper.

section 4.. of the indian tolls act : interpretationclause. local government.rep. by the a.o..

section 3. of the indian tolls act : the state government may extend this1 act to any place in which the said act 8 of is in force and the state government of any place in which the said act 8 of is not in force may extend the said act 8 of and this act to such place.2 1. the act now regulating tolls in the presidency of bombay is the tolls on roads and bridges act, bom. 3 of . that act repealed act 8 of in the bombay presidency, see s.1, and declared that act 15 of should be deemed to have been extended thereto as from the 30th july, , see s. 2. 2. act 8 of and this act have been extended to oudh see gazette of india, , pt. i, p.777, the c.p. see ibid., pt.i, , p.611 and to the district of lakhimpur see assam gazette, , pt. ii, p.. as to the authority of the provincial government in any part of the provinces, not specified in s. 2 of act 8 of , to which that act or this act may be or have been extended see the indian tolls act, 8 of , s. 21.

section 2. of the indian tolls act : any person entrusted with the management of the collection of tolls1 under act 8 of may in his discretion compound for any period not exceeding one year with any person for a certain sum to be paid by such person for himself or for any vehicle or animal kept by him, in lieu of the rates of toll 2authorised to be levied under the said act 8 of . 1. the indian tolls act, . 2. subs. by act 38 of , s. 2 and the first schedule, for specified in the schedule to the said act 8 of or in the schedule to this act.

section 1.. of the indian tolls act : schedule of act 8 of repealed, and another schedule substituted.omitted by the devolution act, 38 of , s. 2 and the first schedule w.e.f. .

section 5b. of the suppression of unlawful acts against safety of civil aviation act : 15b. designated courts. 1 for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify a court of session to be a designated court for such area or areas as may be specified in the notification. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , a designated court shall, as far as practicable, hold the trial on a daytoday basis. 1. ins. by act 40 of , s. 4 w.e.f. .

The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982

section 1. of the suppression of unlawful acts against safety of civil aviation act : 1 this act may be called the suppression of unlawfulacts against safety of civil aviation act, . 2 it extends to thewhole of india and, save as otherwise provided in this act, it applies also toany offence under section 3 committed outside india by any person. 3 it shall come intoforce on such date1 as the central government may, by notification inthe official gazette, appoint. 1. 15th november , vide notification no. s.o. 799e, dated 12th november , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the suppression of unlawful acts against safety of civil aviation act : 1 in this act, unless the context otherwise requires, a aircraft means any aircraft, whether or not registered in india, other than a military aircraft or an aircraft used in customs or police service b aircraft registered in india means an aircraft which is for the time being registered in india 1bb airport means an aerodrome as defined in clause 2 of section 2 of the aircraft act, 22 of c convention country means a country in which the montreal convention is for the time being in force d military aircraft means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in such force detailed for the purpose e montreal convention means the convention for the suppression of unlawful acts against the safety of civil aviation signed at montreal on the 23rd day of september, . 2 for the purposes of this act, a an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities of the country in which such forced landing takes place take over the responsibility for the aircraft and for persons and property on board b an aircraft shall be deemed to be in service from the beginning of the preflight preparation of the aircraft by the ground staff or by the crew for a specific flight until twentyfour hours after any landing and the period of such service shall include the entire period during which the aircraft is in flight. 1. ins. by act 40 of , s. 2 w.e.f. .

section 3a. of the suppression of unlawful acts against safety of civil aviation act : 13a. offence at airport. 1 whoever, at any airport, unlawfully and intentionally, using any device, substance or weapon, a commits an act of violence which is likely to cause grievous hurt or death of any person or b destroys or seriously damages any aircraft or facility at an airport or disrupts any service at the airport, endangering or threatening to endanger safety at that airport, shall be punished with imprisonment for life and shall also be liable to fine. 2 whoever attempts to commit, or abets the commission of, any offence under subsection 1 shall also be deemed to have committed such offence and shall be punished with the punishment provided for such offence. 1. ins. by act 40 of , s. 3 w.e.f. .

section 5a. of the suppression of unlawful acts against safety of civil aviation act : 15a. conferment of powers of investigation, etc. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , for the purposes of this act, the central government may, by notification in the official gazette, confer on any officer of the central government, powers of arrest, investigation and prosecution exercisable by a police officer under the code of criminal procedure, . 2 all officers of police and all officers of government are hereby required and empowered to assist the officer of the central government referred to in subsection 1, in the execution of the provisions of this act. 1. ins. by act 40 of , s. 4 w.e.f. .

section 3. of the suppression of unlawful acts against safety of civil aviation act : 1 whoever unlawfully and intentionally a commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft or b destroys an aircraft in service or causes damage to such aircraft in such a manner as to render it incapable of flight or which is likely to endanger its safety in flight or c places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight or d communicates such information which he knows to be false so as to endanger the safety of an aircraft in flight, shall be punished with imprisonment for life and shall also be liable to fine. 2 whoever attempts to commit, or abets the commission of, any offence under subsection 1 shall also be deemed to be have committed such offence and shall be punished with the punishment provided for such offence.

section 5. of the suppression of unlawful acts against safety of civil aviation act : 1 subject to the provisions of subsection 2, where an offence under section 3 is committed outside india, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within india at which he may be found. 2 no court shall take cognizance of an offence punishable under section 3 which is committed outside india unless a such offence is committed on board an aircraft registered in india b such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business, or where he has no such place of business, his permanent residence in india or c the alleged offender is a citizen of india or is on board the aircraft in relation to which such offence is committed when it lands in india or is found in india.

section 4. of the suppression of unlawful acts against safety of civil aviation act : 1 whoever unlawfully and intentionally destroys or damages air navigation facilities or interferes with their operation in such a manner as is likely to endanger the safety of the aircraft in flight shall be punished with imprisonment for life and shall also be liable to fine. 2 whoever attempts to commit, or abets the commission of, any offence under subsection 1 shall also be deemed to have committed such offence and shall be punished with the punishment provided for such offence.

section 5c. of the suppression of unlawful acts against safety of civil aviation act : 15c. offences triable by designated courts. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , a all offences under this act shall be triable only by the designated court specified under subsection 1 of section 5b b where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under subsection 2 or subsection 2a of section 167 of the code of criminal procedure, 2 of , such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the whole where such magistrate is an executive magistrate: provided that where such magistrate considers, i when such person is forwarded to him as aforesaid or ii upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the designated court having jurisdiction c the designated court may exercise, in relation to the person forwarded to it under clause b, the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code of criminal procedure, 2 of in relation to an accused person in such case who has been forwarded to him under that section d a designated court may, upon a perusal of a complaint made by an officer of the central government or the state government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. 2 when trying an offence under this act, a designated court may also try an offence other than an offence under this act, with which the accused may, under the code of criminal procedure, 2 of , be charged at the same trial. 1. ins. by act 40 of , s. 4 w.e.f. .

section 5d. of the suppression of unlawful acts against safety of civil aviation act : 15d. application of the code to proceedings before a designated court. save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of shall apply to the proceedings before a designated court and the person conducting a prosecution before a designated court shall be deemed to be a public prosecutor. 1. ins. by act 40 of , s. 4 w.e.f. .

section 6. of the suppression of unlawful acts against safety of civil aviation act : 1 the offences under section 3 and section 4 shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by india with convention countries and which extend to, and are binding on, india on the date of commencement of this act. 2 for the purposes of the application of the extradition act, 34 of to offences under this act, any aircraft registered in a convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

section 10. of the suppression of unlawful acts against safety of civil aviation act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this act. 2 no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 6a. of the suppression of unlawful acts against safety of civil aviation act : 16a. provision as to bail. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless a the public prosecutor has been given an opportunity to oppose the application for such release and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 2 the limitations on granting of bail specified in subsection 1 are in addition to the limitations under the code of criminal procedure, 2 of or any other law for the time being in force on granting of bail. 3 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code of criminal procedure, 2 of . 1. ins. by act 40 of , s. 5 w.e.f. .

section 8. of the suppression of unlawful acts against safety of civil aviation act : if the central government is satisfied that the requirements of article 9 of the montreal convention have been satisfied in relation to any aircraft, it may, by notification in the official gazette, direct that such aircraft shall, for the purposes of this act, be treated as registered in such convention country as may be specified in the notification.

section 7. of the suppression of unlawful acts against safety of civil aviation act : the central government may, by notification in the official gazette, certify as to who are the contracting parties to the montreal convention and to what extent they have availed themselves of the provisions of the convention, and any such notification shall be conclusive evidence of the matters certified therein.

section 9a. of the suppression of unlawful acts against safety of civil aviation act : 19a. presumptions as to offences under sections 3, 3a and 4. in a prosecution for an offence under sections 3, 3a and 4, if it is proved a that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or explosives of similar nature were used in the commission of such offence or b that there is evidence of violence committed by the accused against any person in connection with the commission of such offence, the designated court shall presume, unless the contrary is proved that the accused had committed such offence. 1. ins. by act 40 of , s. 6 w.e.f. .

section 9. of the suppression of unlawful acts against safety of civil aviation act : no prosecution for an offence under this act shall be instituted except with the previous sanction of the central government.

section 8. of the delhi sikh gurdwaras act : every person who a has been ordinarily resident in a ward for not less than one hundred and eighty days during the qualifying period, b is a sikh of not less than twentyone years of age on the qualifying date, shall be entitled to be registered in the electoral roll for that ward: provided that no person shall be registered as an elector who a trims or shaves his beard or keshas b smokes c takes alcoholic drinks. explanation.for the purpose of this section, the qualifying date and the qualifying period i in the case of electoral rolls first prepared under this act, shall be the 1st day of january, , and the period beginning on the 1st day of january, and ending on the 31st day of december, , respectively and ii in the case of every electoral roll subsequently prepared under this act, shall be the 1st day of january of the year in which it is prepared and the year immediately preceding that year respectively.

section 1. of the delhi sikh gurdwaras act : 1 this act may be called the delhi sikh gurdwaras act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 7th april, , vide notification no. g.s.r. 241e, dated 7th april, , see gazette of india, extraordinary, part ii, sec. 3 i.

section 7. of the delhi sikh gurdwaras act : 1 an electoral roll shall be prepared in such manner as may be prescribed by rules for every ward notified under section 6 on which shall be entered the names of all persons entitled to be registered as voters in that ward. 2 no person shall be entitled to be registered in the electoral roll for any ward more than once. 3 no person shall be entitled to be registered in the electoral roll for more than one ward.

section 6. of the delhi sikh gurdwaras act : show related subordinates 1 for the purpose of election of members of the committee, delhi shall be divided into single member wards. 2 the director gurdwara elections shall by order determine a the number of wards and b the extent of each ward. 3 the director gurdwara elections may, from time to time, in consultation with the committee, alter or amend any order made under subsection 2.

section 2. of the delhi sikh gurdwaras act : in this act, unless the context otherwise requires, a appointed day means the date on which this act shall come into force b board means the delhi sikh gurdwara board constituted under section 3 of the delhi sikh gurdwaras management act, 24 of c committee means the delhi sikh gurdwara management committee established under section 3 d delhi means the union territory of delhi e director gurdwara elections means the director gurdwara elections appointed by the central government under section 13 f gurdwaras means the sikh gurdwaras situated in delhi as were, immediately before the appointed day, being managed by or affiliated to the board and includes such other local gurdwaras as may, after the appointed day, be affiliated to or managed by the committee g gurdwara property means, i all movable and immovable property which, immediately before the appointed day, vested or was kept in deposit in the name of the board ii all property which stands in the name of the gurdwaras or in the name of the board or the present or old managers of the historic gurdwaras iii all offerings in cash or kind made in various gurdwaras or institutions managed or controlled by the committee iv all property in cash or kind, movable as well as immovable that may be acquired by purchase, exchange or otherwise by the gurdwaras, or the committee, from time to time v all grants, donations or contributions made, from time to time, by any person or authority to the gurdwaras or the committee, and includes any actionable claim with respect to such gurdwara property h local gurdwara means a gurdwara in delhi, other than a gurdwara under the control or management of the board immediately before the appointed day i a person shall not be deemed to be ordinarily resident in a ward on the ground only that he owns or is in possession of a dwellinghouse therein and a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein j patit means a sikh who trims or shaves his beard or hair keshas or who after taking amrit commits any one or more of the four kurahitis k registered singh sabha means a singh sabha registered as a society under the societies registration act, 21 of , which is managing or controlling a local gurdwara in delhi l regulation means a regulation made under this act by the committee m rule means a rule made under this act by the central government n sikh means a person who professes the sikh religion, believes and follows the teachings of sri guru granth sahib and the ten gurus only and keeps unshorn hair keshas. for the purposes of if any question arises as to whether any living person is or is not a sikh, he shall be deemed respectively to be or not to be a sikh according as he makes or refuses to make in the manner prescribed by rules the following declaration: i solemnly affirm that i am a keshadhari sikh, that i believe in and follow the teachings of sri guru granth sahib and the ten gurus only, and that i have no other religion. o amritdhari sikh means and includes every sikh who has taken khande ka amrit or khanda pahul, prepared and administered according to the tenets of sikh religion and rites at the hands of five pyaras or beloved ones.

section 9. of the delhi sikh gurdwaras act : every person registered on the electoral roll for the time being in force for any ward for the election of a member of the committee, shall be entitled while so registered to vote at an election of a member for that ward, provided that no person shall be entitled to vote at an election in more than one ward.

section 11. of the delhi sikh gurdwaras act : election of members under clause a of section 4 whether for the purpose of initial constitution of the committee under section 3, or for filling vacancies arising by efflux of time or a casual vacancy, shall be conducted by the director gurdwara elections in accordance with the rules made in this behalf: provided that no election shall be held to fill a casual vacancy occurring within four months prior to the holding of a general election under this section

section 3. of the delhi sikh gurdwaras act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established a committee to be called the delhi sikh gurdwara management committee for the proper management and control of the gurdwaras and gurdwara property. 2 the committee shall be a body corporate with the name aforesaid having perpetual succession and a common seal and shall by such name sue and be sued. 3 the committee shall have its head office in delhi.

section 5. of the delhi sikh gurdwaras act : 1 save as otherwise provided in this section, the term of office of a member of the committee shall be four years and shall commence from the date on which the first meeting of the committee is held under section 15, and no longer. 2 when a vacancy occurs in the committee owing to death, resignation, removal or otherwise of a member, a new member shall be elected or coopted, as the case may be, in the manner in which the member whose seat is to be filled was elected or coopted and every such member shall continue to hold office so long only as the member in whose place he is elected or coopted would have been entitled to hold office, if the vacancy had not occurred. 3 an outgoing member shall continue in office until the notification of election or cooption of his successor is published under section 12.

section 4. of the delhi sikh gurdwaras act : show related subordinates the committee shall consist of a fortysix members to be elected from various wards into which delhi shall be divided in accordance with the provisions of this act b nine members to be coopted by the elected members of the committee referred to in clause a in the manner hereinafter appearing, i two members to represent the registered singh sabhas of delhi who shall be chosen by drawing of lots out of the presidents of those registered singh sabhas ii four members, each being the head priest of the 1 sri akal takhat sahib, amritsar, 2 sri takhat kesgarh sahib, anandpur, 3 sri takhat patna sahib, patna, and 4 sri takhat hazur sahib, nanded: provided that the head priest shall have no right to vote for the purpose of election of officebearers and other members of the executive board under subsection 1 and subsection 2 of section 16 iii one member, being the nominee of the shromani gurdwara parbandhak committee, amritsar iv two members to represent the sikh community of delhi, other than those referred to in subclause i, subclause ii and subclause iii, to be chosen in accordance with the system of proportional representation by means of a single transferable vote.

section 10. of the delhi sikh gurdwaras act : show related subordinates 1 a person shall not be qualified to be chosen or coopted as a member of the committee if such person a has not attained the age of twentyfive years b is not a citizen of india c in the case of an elected member, if he is not registered as an elector in the electoral roll for any ward d is not an amritdhari sikh e being an amritdhari sikh, trims or shaves his beard or keshas f takes alcoholic drinks g smokes h is a patit i is of unsound mind and stands so declared by a competent court j is an undischarged insolvent k has been convicted of an offence involving moral turpitude or has been dismissed from service by government, board, committee or any local authority, on account of moral turpitude l is a paid servant of any gurdwara or a local gurdwara m not being a blind person cannot 1 read and write gurmukhi. explanation.a person shall be deemed to i be able to read gurmukhi if he is able to recite sri guru granth sahib, in gurmukhi, and ii write gurmukhi if he fills his nomination paper for election to the committee in gurmukhi in his own handwriting. if any question arises whether a candidate is or is not able to read and write gurmukhi, the question shall be decided in such manner as may be 2 prescribed by rules. 2 if a person sits or votes as a member of the committee when he knows that he is not qualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees which shall be recoverable as an arrear of land revenue 1. subs. by act 46 of , s. 2, for read or write w.e.f. . 2. subs. by s. 2, ibid., for prescribed by regulations w.e.f.

section 12. of the delhi sikh gurdwaras act : 1 the names of all persons elected as members of the committee shall, as soon as may be, after such election be published by the director gurdwara elections in the manner prescribed by rules. 2 the names of all persons coopted as members under clause b of section 4 shall likewise be published by the director gurdwara elections in the manner prescribed by rules.

section 16a. of the delhi sikh gurdwaras act : 1 16a. power to convene another meeting for election of officebearers.if the committee at its first meeting is unable to elect a pro tempore chairman or a president or any other officebearer or member of the executive board under subsection 4 of section 15 or subsection 1 or subsection 2 of section 16, the director gurdwara elections shall summon another meeting of the committee, being not later than fifteen days from the date of the first meeting, for the election of the pro tempore chairman, the president or the remaining officebearers or members of the executive board, as the case may be. 2 the provisions of sections 15 and 16 shall, so far as may be, apply to the conduct of election under subsection 1. 1. ins. by act 46 of , s. 4 w.e.f. .

section 13. of the delhi sikh gurdwaras act : show related subordinates 1 the central government may, by notification in the official gazette, appoint a suitable person to be the director gurdwara elections in whom shall vest the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections of members of the committee. 2 a person shall not be qualified for appointment as director gurdwara elections unless he is a citizen of india and possesses judicial or administrative experience for a period of not less than ten years 3 subject to the provisions of section 37, the term of office, and the terms and conditions of service of the director gurdwara elections shall be such as may be prescribed by rules.

section 17. of the delhi sikh gurdwaras act : show related subordinates 1 a member of the committee may resign his office by writing under his hand addressed to the president. 2 an officebearer or any other member of the executive board a shall vacate his office if he ceases to be a member of the committee b may at any time by writing under his hand addressed to the committee resign his office and c may be removed from his office by a resolution of the committee passed by a threefourth majority of the total members thereof: provided that no resolution for the purpose of clause c shall be moved unless it is supported by not less than seventeen members of the committee and fourteen days notice has been given of their intention to move the resolution. 3 the resignation of office under subsection 1 or clause b of subsection 2 shall be effective from the date from which it is accepted by the executive board or the committee, as the case may be.

section 14. of the delhi sikh gurdwaras act : show related subordinates 1 the persons to be coopted as members of the committee under clause b, of section 4 shall be chosen at the first meeting of the elected members which shall be convened by the director gurdwara elections as early as possible and not later than fifteen days after publication of the results of the election under subsection 1 of section 12. 2 the director gurdwara elections may adjourn the first meeting of the elected members to any other date or dates, being not later than fifteen days from the date of the first meeting aforesaid, if the elected members are unable to choose all persons to be coopted at that first meeting.

section 18. of the delhi sikh gurdwaras act : show related subordinates any officebearer or other member of the executive board or any other member of the committee may, if he so desires, draw such fees and allowances for attending the meetings of the executive board or the committee and for attending to any other work of the executive board or the committee, as the case may be, as may be prescribed by regulations.

section 15. of the delhi sikh gurdwaras act : show related subordinates 1 the director gurdwara elections shall summon the first meeting of the committee to meet on such date, not being later than fifteen days after the publication of the names of the members coopted under subsection 2 of section 12, as he thinks fit. 2 the first meeting shall be held at such time and place as the director gurdwara elections may appoint and shall be presided by him: provided that while so presiding at the meeting of the committee, the director gurdwara elections shall have no right to vote. 3 every member of the committee shall, before taking his seat make and subscribe before the director gurdwara elections an oath according to the form set out for the purpose in the schedule. 4 the members of the committee shall proceed thereafter to elect from amongst themselves a pro tempore chairman in such manner as may be prescribed by rules, who shall preside at the meeting until the committee elects the president.

section 20. of the delhi sikh gurdwaras act : 1 the executive board may constitute such number of subcommittees from amongst the members of the committee as it thinks fit and for such purpose as it may decide. 2 a subcommittee constituted under subsection 1 shall meet at such time and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations 3 a member of a subcommittee may, if he so desires, draw such fees and allowances for attending its meetings and for attending to any other work of the subcommittee, as may be prescribed by regulations.

section 16. of the delhi sikh gurdwaras act : show related subordinates 1 the committee shall, at its first meeting after the election of the pro tempore chairman under subsection 4 of section 15, elect from amongst its members a president, who shall conduct the election of other officebearers and members of the executive board under this section. 2 the committee shall also at its first meeting elect from amongst its members a senior vicepresident, junior vicepresident, general secretary and a joint secretary hereinafter referred to as officebearers of the committee, and shall also at the same meeting in like manner elect ten of its members to be members of the executive board of the committee, and the officebearers and members so elected shall be the executive board of the committee. 1 4 no member of the committee shall, at the same time, hold any of the offices referred to in subsection 1 or subsection 2 in more than one capacity. 5 the president and other members of the executive board elected under subsection 1 or subsection 2 shall hold office for a term of one year but shall be eligible for reelection for one more term only: provided that an outgoing officebearer or member shall continue in office until election of his successor is held. 6 the election of the president and other officebearers and members of the executive board under subsection 1 or subsection 2 or any subsequent annual election to any of those offices shall be held in such manner as may be prescribed by rules. 7 the provisions of subsection 2 of section 5 shall apply so far as may be to the filling of a casual vacancy in the 2office of the president, any other officebearer or member of the executive board as they apply in relation to casual vacancies in the membership of the committee. 1. subsection 3 omitted by act 6 of , s. 2 w.e.f. . 2. subs. by act 46 of , s. 3, for membership of the executive board w.e.f. .

section 19. of the delhi sikh gurdwaras act : show related subordinates 1 the annual general meeting of the committee shall be held in every year. 2 the executive board shall meet at least once in every fortnight or at such intervals as may be prescribed by regulations. 3 the president, or in his absence the senior vicepresident and in the absence of both, the junior vicepresident, and in the absence of all the three, any other member elected from amongst themselves shall preside at any meeting of the committee or of the executive board. 4 the committee or the executive board shall observe such rules of procedure in regard to transaction of the business at its meetings as may be prescribed by regulations. 5 save as otherwise provided, all questions which come up before any meeting of the committee or the executive board shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the person presiding shall have a second or casting vote. 6 all proceedings of the meetings of the committee or the executive board shall be recorded in punjabi in gurmukhi script

section 21. of the delhi sikh gurdwaras act : 1 the executive board shall exercise on behalf of the committee all powers conferred on the committee by the provisions of this act which are not expressly reserved to be exercised by the committee in general meeting. 2 the president or any other officebearer of the executive board may exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the executive board. 3 notwithstanding anything contained in subsection 1 or subsection 2, the president may, on his own motion or otherwise, after calling the record of any case, revise any order passed by any authority to whom such powers have been delegated by the executive board and i confirm, modify or set aside the order, ii impose any penalty or set aside, reduce, confirm or enhance the penalty imposed upon any employee of the committee, iii remit the case to the authority which made the order or to any other authority directing such further action or inquiry as considered proper in the circumstances of the case, or iv pass such other orders as he deems fit. 4 no order passed by the president under subsection 3 shall be enforced unless and until it is confirmed by the executive board.

section 27. of the delhi sikh gurdwaras act : show related subordinates 1 in respect of every financial year, budget annual financial statement of the estimated receipts and expenditure of the committee for the year shall be placed before the committee and duly passed. 2 no moneys out of the gurdwara fund shall be appropriated except as passed and approved by the committee.

section 24. of the delhi sikh gurdwaras act : show related subordinates subject to the provisions of this act and the rules made thereunder, the control, direction and general superintendence over all the gurdwaras and gurdwara property in delhi shall vest in the committee, and it shall be the duty of the committee i to arrange for the proper performance of the religious rites and ceremonies in the gurdwaras, ii to provide facilities for worship by the devotees at the gurdwaras, iii to ensure safe custody of its funds, movable and immovable properties, deposits, offerings in cash or kind, iv to do all such things as may be incidental and conducive to the efficient management of the affairs of gurdwaras, educational and other institutions under the committee and their properties or to the convenience of devotees, v to provide suitable accommodation and facilities for pilgrims, vi to maintain free langars, vii to manage the historic and other gurdwaras, educational and other institutions and their properties in such a way as to make them inspiring centres of the sikh tradition, culture and religion, viii to ensure maintenance of order, discipline and proper hygienic conditions in gurdwaras, educational and other institutions under its management, ix to open free dispensaries, x to spread education, especially the knowledge of punjabi, in gurmukhi script, xi to establish educational institutions, research centres and libraries. xii to render financial assistance to religious and educational institutions, societies and needy persons, xiii to give stipends to needy and deserving students, xiv to render help in the case of the uplift of the sikh community and propagation of sikh religion, xv to perform such other functions and to do such religious or charitable acts, as may be prescribed by regulations for carrying out the purposes of this act.

section 22. of the delhi sikh gurdwaras act : show related subordinates no act or proceeding of the committee or the executive board or any subcommittee shall be invalidated by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

section 28. of the delhi sikh gurdwaras act : show related subordinates 1 the committee shall maintain proper accounts showing receipts on account of and expenditure out of gurdwara fund. 2 at the end of each calendar month, a statement of income and expenditure relating to that month shall be prepared and placed before the committee and it shall be pasted at prominent places outside all gurdwaras and a consolidated annual statement, showing income and expenditure relating to a financial year shall likewise be prepared and placed before the committee and outside the gurdwaras at the end of each financial year.

section 23. of the delhi sikh gurdwaras act : show related subordinates 1 the committee may appoint such number of officers and other employees as it considers necessary for the efficient performance of its functions, and may, from time to time, determine the number, designations, grades and scales of pay or other remuneration of the officers and other employees, and may at any time reduce, suspend, remove or dismiss or impose any other penalty on any officer or other employee for carelessness, unfitness, neglect of duty or other misconduct. 2 the officers and other employees appointed under subsection 1 shall exercise such powers and perform such duties as may be prescribed by regulations or as may, from time to time, be delegated by the committee. 3 the terms and conditions of service of the officers and other employees shall be such as may be prescribed by regulations.

section 26. of the delhi sikh gurdwaras act : nothing contained in this act shall, or shall be deemed to authorise the committee to contribute any amount or amounts a to any political party, or b for the benefit of any political party, or c for any political purpose to any individual or body

section 25. of the delhi sikh gurdwaras act : 1 there shall be a gurdwara fund and all receipts and income of the gurdwaras and of the gurdwara property including all amounts comprised for the time being in gurdwara property shall be credited thereto. 2 the gurdwara fund shall be held by the committee in trust for the purposes of this act subject to the provisions herein contained and shall not be utilised for any purpose other than the one authorised by this act or the rules or regulations made thereunder. 3 all expenses incurred or payments or disbursements to be made, by the committee in the discharge of its functions under this act shall be made from the gurdwara fund.

section 34. of the delhi sikh gurdwaras act : 1 a registered singh sabha may, in relation to any local gurdwara under its control, decide by a resolution adopted by threefourth majority of its total membership for affiliating that local gurdwara to the committee and if the committee consents thereto, the said local gurdwara shall be deemed to be affiliated to the committee. 2 all assets and liabilities of the local gurdwara so affiliated and of the registered singh sabha shall thereafter vest in the committee.

section 29. of the delhi sikh gurdwaras act : 1 the accounts of the committee including those of the gurdwaras, and gurdwara property including educational and other charitable institutions administered by the committee, shall be audited by one or more auditors duly qualified to act as auditor under subsection 1 of section 226 of the companies act, 1 of hereinafter referred to as the auditor, who shall be appointed by the committee within sixty days of the close of every financial year and shall receive such remuneration as the committee may fix: provided that the first appointment of auditors shall be made by the committee within sixty days from the date of its first meeting held under section 15. 2 for the purpose of any such audit and examination of accounts the auditors may, by a demand in writing, require from the committee or any officebearer or member or employee of the committee or any gurdwara, educational or other institution of the committee, the production before him of all books, deeds, vouchers and all other documents and papers which he deems necessary, and may require any person holding or accountable for any such books, deeds, vouchers, documents and papers to appear before him at any audit and examination, to answer all questions which may be put to him with respect to the same or to prepare and submit any further statement which such auditor may consider necessary. 3 within thirty days after the audit and examination have been completed, the auditor shall submit a report to the committee upon each account audited and examined. 4 the audit report shall be published in, at least two daily papers of delhi one in english and one in punjabi as well as in gurdwara journal, if any, within thirty days of its receipt. 5 the report of the auditor shall, among other matters, specify all items of expenditure which in his opinion are illegal, irregular or improper, all cases of failure of recoveries of money or property due to the committee, all instances of loss or wasteful expenditure of money or property due to negligence or misconduct and all instances in which any money or property has been devoted to any purpose not authorised by this act.

section 36. of the delhi sikh gurdwaras act : every member of the committee, the executive board, or any subcommittee, the director gurdwara elections and every other officer and employee of the committee shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 31. of the delhi sikh gurdwaras act : show related subordinates the provisions of sections 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 29 and 30 of the delhi municipal corporation act, 66 of , shall mutatis mutandis apply, subject to such modifications as the central government may by order direct, in relation to settlement of disputes regarding elections, corrupt practices and electoral offences in respect of election or cooption of members of the committee.

section 30. of the delhi sikh gurdwaras act : show related subordinates the committee, in meeting next following the date of receipt of the auditors report, shall consider such report and satisfy itself that no expenditure shown therein has been incurred otherwise than in accordance with the provisions of this act and shall pass such orders as are, in its opinion, necessary and proper to rectify the illegal, unauthorised or improper expenditure and may also pass such further orders upon the report, as it may deem proper: provided that if the next meeting falls on a day earlier than two months after the receipt of the report it may be considered in the meeting next following which shall be convened before the expiry of a period of three months from the date of receipt of the said report.

section 32. of the delhi sikh gurdwaras act : the court of the district judge in delhi shall also have jurisdiction in respect of the following matters, namely: 1 c petitions regarding complaints, irregularities, breach of trust, mismanagement in any gurdwara, educational or other institutions against any member, officebearer or officer or other employee of the committee. d petitions arising out of any type of disputes between the committee and its employees including past employees. e applications regarding failure of publication of, or nonimplementation or nonclearance of the objections raised in, any annual report of the auditors of the committee 1. clauses a and b omitted by act 46 of , s. 5 w.e.f. .

section 33. of the delhi sikh gurdwaras act : 1 any person aggrieved by an order passed by the district judge may, within sixty days of the order, prefer an appeal to the high court at delhi and the orders of the high court on such appeal shall be final and conclusive. 2 the provisions of sections 5 and 12 of the limitation act, 36 of , shall, so far as may be, apply to appeals under this section.

section 35. of the delhi sikh gurdwaras act : nothing contained in this act or any other law for the time being in force shall a save as otherwise expressly provided in this act or the rules or regulations made thereunder, affect any honour, emolument or perquisite to which any person is entitled by custom or otherwise in any gurdwara b authorise any interference with the religious or spiritual functions performed in any gurdwara.

section 37., of the director gurdwara elections to be defrayed out of the consolidated fund of india in the first instance. of the delhi sikh gurdwaras act : 1 the salaries and allowances payable to the director gurdwara elections or to the officers and other employees engaged for the conduct of elections to the committee, shall be defrayed out of the consolidated fund of india in the first instance, but shall be recoverable from the committee by debit to the gurdwara fund after the close of each financial year. 2 any sum due to the central government under subsection 1 shall, if not paid within three months after the demand has been made, be recoverable as arrears of land revenue.

section 41. of the delhi sikh gurdwaras act : 1 as from the date of the establishment of the committee, the delhi sikh gurdwaras management act, 24 of , shall stand repealed. 2 notwithstanding such repeal, a any appointment, notification, order or rule made or issued under the said act shall, in so far as it is not inconsistent with the provisions of this act, continue in force and be deemed to have been made or issued under the provisions of this act unless and until it is superseded by any appointment, notification, order or rule made or issued under the said provisions b all budget estimates made, all obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the delhi sikh gurdwara board shall be deemed to have been made, incurred, entered into or engaged to be done by, with or for the committee under the provisions of this act c all gurdwara property, movable and immovable and all interests of whatsoever nature and kind therein vested in, belonging or due to, the delhi sikh gurdwara board, immediately before such establishment, shall, with all rights, powers and privileges of whatsoever description, used, enjoyed or possessed by the board, vest in the committee d all sums of money including rents due to the board immediately before such establishment shall be deemed to be due to the committee e all suits and other legal proceedings instituted or which might have been instituted by or against the delhi sikh gurdwara board may be continued or instituted by or against the committee f any will deed or other instrument which contains any bequest, gifts or trusts in favour of the board shall as from such establishment, be construed as if the committee were therein named instead of the said board.

section 38. of the delhi sikh gurdwaras act : no suit, prosecution or other legal proceedings shall lie against any member of the committee, the executive board or any subcommittee, the director gurdwara elections or any other officer or employee of the committee for anything which is in good faith done or intended to be done under this act or any rule or regulation made thereunder.

section 39. of the delhi sikh gurdwaras act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for or regulate all or any of the following matters, namely: a the manner in which a declaration for the purpose of clause n of section 2 shall be made 1 aa the manner and the criterion for deciding whether a candidate for election as a member of the committee is able to read and write gurmukhi b the particulars to be entered in the electoral rolls c the preliminary publication of electoral rolls d the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred e the manner in which notices of claims or objections shall be published f the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of g the final publication of electoral rolls h the revision and correction of electoral rolls and inclusion of names therein i the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections j the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations k the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the committee l the withdrawal of candidatures m the appointment of agents of candidates n the procedure in contested and uncontested elections o the date, time and place for poll and other matters relating to the conduct of elections including i the appointment of polling stations for each ward, ii the hours during which the polling station shall be kept open for the casting of votes, iii the printing and issue of ballot papers, iv the checking of voters by reference to the electoral roll, v the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters, vi the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, vii the procedure to be followed in respect of challenging votes and tendered votes, viii the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a member being elected to represent more than one ward, ix the custody and disposal of papers relating to elections, x the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll, xi the holding of a fresh poll in the case of destruction of, or tampering with, ballot boxes before the count, xii the countermanding of the poll in the case of the death of a candidate before the poll p the fee to be paid on an election petition q the terms and conditions of service of the director gurdwara elections r the procedure for the election of pro tempore chairman under subsection 4 of section 15, and of the president and other officebearers and members of the executive board under section 16 s any other matter in respect of which the central government deems it necessary to make rules under this section or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary t the manner in which results of election or cooption of members of the committee shall be published, or the orders made under the rules shall be widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers. 3 in making any rule under this section the central government may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to six months or with fine or with both. 4 all rules made under this section shall be laid, as soon as may be, after they are made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in 2 two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rules or both houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under those rules. 1. ins. by act 46 of , s. 6 w.e.f. . 2. subs. by act 46 of , s. 6, for certain words w.e.f.

section 40. of the delhi sikh gurdwaras act : 1 the committee may make regulations not inconsistent with the provisions of this act or the rules made thereunder for carrying out its functions under this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: 1 b fees and allowances to which officebearers and other members of the executive board or other members of the committee or of a subcommittee shall be entitled for attending meetings or any other work of the executive board, committee or subcommittee respectively c the periods of interval at which meetings of the executive board shall be held, the manner in which meetings of the committee or the executive board or any subcommittee shall be convened, the quorum for the transaction of business thereat and the rules of procedure to be followed for transaction of business at meetings of the committee, the executive board or any subcommittee d the manner in which a majority decision of the executive board shall be obtained by circulation to its officebearers and members of any matter requiring decision e the matters in respect of which powers may be exercised or duties performed by the president or other officebearers of the executive board or by any officer or other employee of the committee f the terms and conditions of service of officers and other employees of the committee including recruitment, transfer, fixation of seniority, promotion of, and disciplinary action or punishment against, such officers and other employees g any other functions or religious or charitable acts which, in addition to those specified in section 24, may be performed or done by the committee, and the conditions and restrictions subject to which those functions or acts shall be performed or done h the manner in which cash or other moneys of the gurdwara fund shall be deposited or invested i the form in which the budget of the committee shall be presented j the form in which the accounts of the committee shall be maintained and the publication of such accounts k the manner in which any regulations or orders made thereunder shall be published or widely made known by affixing copies thereof in conspicuous public places, by publishing the same by beat of drum or by advertisement in local newspapers l any other matter which has to be, or may be, prescribed. 2 3 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. clause a omitted by s. 7, ibid. w.e.f. . 2. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 8. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1for the transfer to, and vesting in, the central government, of the shares of the sikkim bank under section 3, there shall be given by the central government to the holders of such shares in cash and in the manner specified in the schedule, an amount of rupees eight lakhs twelve thousand two hundred and ninetyfive. 2the amount specified in subsection 1 shall carry simple interest at the rate of five and a half per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made to the shareholders.

The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982

section 7. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 notwithstanding anything contained in sections 4, 5 and 6, the state government may, if it is satisfied that the cooperative bank is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, including the terms and conditions regarding allotment of its shares, direct, by notification, that the undertakings of the sikkim bank which have vested in the central government under section 4 and thereafter in the state government under section 6, shall, instead of continuing to vest in the state government, vest in the cooperative bank either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as maybe specified in the notification. 2 where the undertakings of the sikkim bank vest in the cooperative bank under subsection 1, that bank shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the central government or the state government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the cooperative bank.

section 1. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 this act may be called the state bank of sikkim acquisition of shares and miscellaneous provisions act, . 2 it shall come into force on such date as the central government may, by notification in the official gazette, appoint.

section 5. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 the undertakings of the sikkim bank shall be deemed to include all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the sikkim bank in relation to its undertakings, and all books of account, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the sikkim bank in relation to its undertakings. 2 unless otherwise expressly provided in this act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the sikkim bank is a party or which are in favour of the said bank shall be of as full force and effect against or in favour of the central government. 3 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertakings which have been transferred under section 4 is pending by or against the sikkim bank, the same shall not abate, be discontinued, or be in any way prejudicially affected by reason of the transfer of the undertakings of the sikkim bank or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government.

section 9., of the undertakings of sikkim bank. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 the state government in which the undertakings of the sikkim bank have vested under section 6 shall be entitled to exercise all such powers and do all such things as the sikkim bank is authorised to exercise and do in relation to its undertakings. 2 the general superintendence, direction, control and management of the affairs and business of the undertakings of the sikkim bank which have vested under section 4 in the central government and under section 6in the state government shall, where a direction has been made by the state government under subsection 1 of section 7, vest in the cooperative bank specified in such direction, and, thereupon, the cooperative bank shall be entitled to exercise all such powers and do all such things as the sikkim bank is authorised to exercise and do in relation to its undertakings.

section 4. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : on the appointed day, the undertakings of the sikkim bank shall, by virtue of this act, stand transferred to, and shall vest in, the central government.

section 3. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 on the appointed day, all the shares in the share capital of the state bank of sikkim, other than the shares held by the state government, shall, by virtue of this act, stand transferred to, and shall vest in, the central government. 2 all the shares which have vested in the central government under subsection 1 shall, by force of such vesting, be freed and discharged of all trusts, liabilities, obligations, mortgages, charges, liens and other encumbrances affecting them, and any attachment or injunction or any decree or order of any court, tribunal or other authority restricting the use of such shares in any manner shall be deemed to have been withdrawn. 3 notwithstanding the transfer of the shares of the sikkim bank to the central government under subsection 1, any person holding such shares, who immediately before the appointed day is entitled to payment of dividend on such shares, shall be entitled to receive from the cooperative bank a all dividends accruing due on his shares in respect of the halfyear which ended before the appointed day and remaining unpaid b dividends calculated at a rate to be specified by the central government in respect of any period immediately preceding the appointed day for which the sikkim bank had not declared any dividend.

section 11. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 every officer or other employee of the sikkim bank excepting the managing director thereof in the employment of the sikkim bank immediately before the appointed day shall become, a an officer or other employee of the state government on any from the appointed day, and b where the undertakings of the sikkim bank are directed, under subsection 1 of section 7, to vest in the cooperative bank, an officer or other employee of the cooperative bank on and from the date of such vesting, and shall hold his office or service under the state government or the cooperative bank, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the state government or the cooperative bank, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the state government, or by the cooperative bank, as the case may be. 2 any person who, on the appointed day, is entitled to, or is intercept of, a pension or other superannuation or compassionate allowance or benefit from the sikkim bank or any provident fund, pension or other fund or any authority administering such fund shall be entitled to be paid by, and to receive from, the cooperative bank or any provident fund, pension or other fund or any authority administering such fund, the same pension, allowance or benefit so long as he observes the conditions on which the pension, allowance or benefit was granted, and if any question arises as to whether he has so observed such conditions, the question shall be determined by the state government. 3 notwithstanding anything contained in subsection 1 or subsection 2, no appointment made or promotion, increment in salary, pension allowance or any other benefit granted to any person after the 16th day of november, , and before the appointed day which would not ordinarily have been made or granted or which would not ordinarily have been admissible under the rules or authorisations of the sikkim bank or of any provident fund or other fund in force prior to the 16th day of november, , shall have effect or be payable or claimable from the cooperative bank or from any provident fund, pension or other fund or from any authority administering the fund, unless the state government has, by general or special order, confirmed the appointment, promotion or increment, or has directed the continued grant of the pension, allowance or other benefit, as the case may be. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee of the sikkim bank to the state government or the cooperative bank shall not entitle such officer or other employee to any compensation under that act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority. 5 any person holding office as managing director of the sikkim bank immediately before the appointed day shall be deemed to have vacated his office as such on the appointed day and, notwithstanding anything contained in this act or in any other law for the time being in force or in any agreement or contract, he shall not be entitled to any amount from the sikkim bank, state government, or the cooperative bank for the loss of office or for the premature termination of any agreement or contact relating to his employment, except such pension, amount or other benefit which the cooperative bank may grant to him, having regard to what that person would have received as an officer of the sikkim bank if this act had not been passed and if he had retired from his employment in the ordinary course. 6 where the managing director of the sikkim bank has, after the 16th day of november, and before the appointed day, been paid any sum by way of compensation or gratuity, the cooperative bank shall be entitled to claim refund of any sum so paid if the payment is not confirmed by the state government by general or special order.

section 12. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 6. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 notwithstanding anything contained in sections 3, 4 and 5, the central government shall, as soon as may be, after the commencement of this act, direct, by notification, that the shares of the sikkim bank which have vested in the central government under section 3 and the undertakings of the sikkim bank which have vested in the central government under section 4 shall, instead of continuing to vest in the central government, vest in the state government of sikkim, on the date of the notification. 2 where the shares and the undertakings of the sikkim bank vest in the state government under subsection 1, the state government shall, on and from the date of such vesting, be deemed to have become the owner in relation to such shares and undertakings and all the rights and liabilities of the central government in relation to such shares and undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the state government.

section 2. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : in this act, unless the context otherwise requires, a appointed day means the date on which this act comes into force b cooperative bank means the sikkim state cooperative bank limited, a society registered under the sikkim cooperative societies act, sikkim act no. 12 of c notification means a notification published in the official gazette d prescribed means prescribed by rules made under this act e sikkim bank means the state bank of sikkim constituted under the state bank of sikkim proclamation, f state government means the state government of sikkim g united commercial bank means the united commercial bank constituted under section 3 of the banking companies acquisition and transfer of undertakingsact, 5 of h words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act.

section 10. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 on the vesting of the undertakings of the sikkim bank in the state government under section 6, every person in whose possession or custody or under whose control any property referred to in subsection 1 of section 5 may be, shall deliver the property to the state government forthwith. 2 any person, who, on the appointed day, has in his possession or under his control any books, documents or other papers relating to the undertakings of the sikkim bank which have vested in the state government under section 6 and which belong to that bank, or would have so belonged if the undertakings of the sikkim bank had not vested in the state government, shall be liable to account for the said books, documents or other papers to the state government and shall deliver them up to the state government. 3 the state government may take, or cause to be taken, all necessary steps for securing possession of all properties which have vested in that government under this act.

section 13. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the state government, or the cooperative bank or any officer of the state government or the cooperative bank or other person authorised by the central government or the state government or the cooperative bank, for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or the state government or the cooperative bank or any officer or other employee of the state government or of the cooperative bank or other person authorised by the state government or the cooperative bank, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 20. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : on the date of the issue of notification under subsection 1 of section 6, the sikkim bank shall stand dissolved, and the state bank of sikkim proclamation, , shall stand repealed and the provisions of section 6 of the general clauses act, 10 of , shall apply to such repeal as if the said proclamation were a central act.

section 15. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against any punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means anybody corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 14. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : any person who, a having in his possession, custody or control any property forming part of the undertakings of the sikkim bank, wrongfully withholds such property from the central government, or the state government or the cooperative bank or b wrongfully obtains possession of, or retains, any property forming part of any undertaking of the sikkim bank or wilfully withholds or fails to furnish to the central government or the state government or the cooperative bank, or any person or body of persons specified by that government or the state government or the cooperative bank, any document relating to such undertaking which may be in his possession, custody or control or fails to deliver to the central government, or the state government or the cooperative bank or any person or body of persons specified by the central government or the state government or the cooperative bank, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of the sikkim bank or c wrongfully removes or destroys any property forming part of any undertaking of the sikkim bank or prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 16. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by sections 17 and 18, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 19. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : on and from the appointed day, any reference to sikkim bank in any law other than this act or the state bank of sikkim proclamation, or in any contract or other instrument shall, except as otherwise provided in any general or special order made by the central government, be deemed to be a reference to the cooperative bank.

section 17. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 18. of the state bank of sikkim acquisition of shares and miscellaneous provisions act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 6. of the scheduled areas assimilation of laws act : if any difficulty arises in relation to the transition under section 3 from one law or group of laws to another law or group of laws, the central government may, by order notified in the official gazette, make such provision as it considers necessary for the removal of the difficulty.

section 1. of the scheduled areas assimilation of laws act : 1 this act may be called the scheduled areas assimilation of laws act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st september, , vide notification no. s. r.o. , dated 26th august, , see gazette of india, part ii, s. 3.

section 5. of the scheduled areas assimilation of laws act : notwithstanding anything contained in section 3, all suits, cases and other legal proceedings between parties all of whom belong to the scheduled tribes specified in item 2 of part iassam, of the schedule annexed to the constitution scheduled tribes order, or such other tribe or tribes, as may be specified in this behalf, shall be tried and continue to be tried under the rules for the administration of justice and police in the sibsagar and nowgong mikir hills tracts as if this act has not been passed.

section 2. of the scheduled areas assimilation of laws act : in this act, a appointed day means the date appointed under subsection 2 of section 1 for the coming into force of this act. b law means so much of any act, ordinance, regulation, rule, order or byelaw as relates to any of the matters enumerated in lists i and iii in the seventh schedule to the constitution. c scheduled areas mean the areas specified in the schedule.

section 4. of the scheduled areas assimilation of laws act : notwithstanding anything contained in section 3, the central government or the government of the state of assam may, by order, direct that during such period, not exceeding twelve months from the appointed day, as may be specified in the order, any law which immediately before the appointed day was in force in the scheduled areas, shall be deemed to have continued to be in force therein or any specified part thereof, and may further likewise direct that any law which would have extended to, or come into force in, the scheduled areas on the appointed day, shall not be deemed to have extended thereto or come into force therein or any specified part thereof.

section 3. of the scheduled areas assimilation of laws act : 1 all laws which immediately before the appointed day extend to, or are in force in, the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is hereby declared that section 6 of the general clauses act, 10 of shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a central act. 2 all laws which immediately before the appointed day extend to, or are in force in, the district of nowgong in the state of assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 1 of the schedule. 3 all laws which immediately before the appointed day extend to, or are in force in, the district of sibsagar in the state of assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 2 of the schedule.

section 5. of the presidents emoluments and pension act : show related subordinates 15. power to make rules. 21 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 32 every rule made by the central government under this act shall be laid, as soon as may be after after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by s. 4, ibid. w.e.f. . 2 section 5 renumbered as subsection 1 thereof by act 79 of , s. 4 w.e.f. . 3 ins. by s. 4, ibid. w.e.f. .

section 1. of the presidents emoluments and pension act : show related subordinates this act may be called the presidents 1 emoluments and pension act, . 1 subs. by s. 3, ibid., for pension w.e.f. .

section 2. of the presidents emoluments and pension act : show related subordinates 11 there shall be paid to every person who ceases to hold office as president, either by the expiration of his term of office or by resignation of his office, a pension of 2at the rate of fifty per cent. of the emoluments of the president per month for the remainder of his life: 3 4provided that if any person before assuming the office of president, has held the office of the vicepresident, such person shall not be entitled to any pension and other benefits under the provisions of the vicepresidents pension act, 30 of . 5 2 subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled 6 7 a to the use of a furnished residence including its maintenance, without payment of rent, two telephones one for internet and broadband connectivity, one mobile phone with national roaming facility and a motorcar, free of charge or to such car allowance as may be specified in the rules b to secretarial staff consisting of a private secretary, one additional private secretary, one personal assistant, two peons and office expenses up to 8 one lakh rupees per annum c to medical attendance and treatment free of charge 9d to travel anywhere in india, accompanied by one person, by the highest class by air, rail or steamer. explanation.for the purposes of this subsection, residence shall have the meaning assigned to it in the salaries and allowances of ministers act, 58 of . 10 2a subject to any rules that may be made in this behalf, the spouse of every such person shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge. 11 3 where any such person is reelected to the office of president, such person or the spouse of such person shall not be entitled to any benefit under this section for the period during which such person again holds that office. 1 section 2 renumbered as subsection 1 thereof by act 24 of , s. 2 w.e.f. . 2 subs. by act 28 of s. 3, for of three lakh rupees per annum w.e.f. . 3. the proviso omitted by act 24 of , s. 2 w.e.f. . 4 ins. by act 25 of , s. 2 w.e.f. . 5 ins. by act 24 of , s. 2 w.e.f. . 6 subs. by act 16 of , s. 2, for clauses a and b w.e.f. . 7 subs. by act 28 of , s. 3, for clauses a and b w.e.f. . 8 subs. by act 13 of , s. 138, for sixty thousand rupees w.e.f. . 9 ins. by act 71 of , s. 2 w.e.f. . 10 ins. by act 79 of , s. 2 w.e.f. . 11 subs. by s. 2, ibid., for subsection 3 w.e.f. .

section 4. of the presidents emoluments and pension act : any 1sum payable under this act shall be charged on the consolidated fund of india. 1. subs. by act 24 of , s. 3, for pension w.e.f. .

section 3. of the presidents emoluments and pension act : show related subordinates 1 3. free medical attendance and treatment to spouse of president dying in office. subject to any rules that may be made in this behalf, the spouse of a person who dies while holding the office of president shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge. 1 subs. by act 79 of , s. 3, for section 3 w.e.f. .

section 6. of the presidents emoluments and pension act : 1 6. power to remove difficulties. 1 if any difficulty arises in giving effect to the provisions of this act, as amended by the presidents emoluments and pension amendment act, 28 of , the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of two years from the date on which this act comes into force. 2 every order made under subsection 1 shall be laid before each house of parliament. 1 ins. by act 28 of , s. 5 w.e.f. .

section 3a. of the presidents emoluments and pension act : show related subordinates 13a. free accommodation to spouse of president. subject to any rules that may be made in this behalf, the spouse of a person who dies a while holding the office of president, or 2 b after ceasing to hold office as president, either on the expiration of his term of office or by resignation of his office, shall be entitled, i to the use of furnished residence including its maintenance without payment of licence fee ii to secretarial staff consisting of a private secretary and a peon and office expenses as per actuals, the total expenditure on which shall not exceed 3 twenty thousand rupees per annum iii to a telephone and a motorcar, free of charge or such car allowance for the remainder of his life, as may be specified in the rules iv to travel anywhere in india, in a calendar year to twelve single journeys, by the highest class, by air, rail or steamer, accompanied by a companion or a relative. 1 ins. by act 14 of , s. 3 w.e.f. . 2 subs. by act 28 of , s. 4, for clause b w.e.f. 3 subs. by act 13 of , s. 139, for twelve thousand rupees w.e.f. .

section 1a. of the presidents emoluments and pension act : 11a. emoluments of the president. there shall be paid to the president by way of emoluments 2 3 five lakh rupees per mensem. 1 ins. by s. 4, ibid. w.e.f. . 2 subs. by act 28 of , s. 2, for fifty thousand rupees w.e.f. . 3 subs. by act 13 of , s. 137, for one lakh fifty thousand rupees w.e.f.

section 2a. of the presidents emoluments and pension act : show related subordinates 1 2a. family pension to spouse of president. the spouse of a person who dies a while holding the office of president, or b after ceasing to hold office as president either by the expiration of his term of office or by resignation of his office, shall be paid a family pension at the rate of fifty per cent. of pension as is admissible to a retiring president, for the remainder of her life. 1 ins. by act 14 of , s. 2 w.e.f. .

section 6. of the scheduled areas assimilation of laws act : if any difficulty arises in relation to the transition under section 3 from one law or group of laws to another law or group of laws, the central government may, by order notified in the official gazette, make such provisions as it considers necessary for the removal of the difficulty.

section 1. of the scheduled areas assimilation of laws act : 1 this act may be called the scheduled areas assimilation of laws act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st october, , vide notification no. s. r. o. , dated 15th september, , see gazette of india, part ii, s. 3.

section 5. of the scheduled areas assimilation of laws act : notwithstanding anything contained in section 3, all suits, cases and other legal proceedings between the parties all of whom belong to the scheduled tribes specified in item 2 of part iassam, of the schedule to the constitution scheduled tribes order, , or such other tribe or tribes, as may be specified in this behalf, shall be tried and continue to be tried under the assam frontier administration of justice regulation, regulation 1 of as if this act had not been passed.

section 4. of the scheduled areas assimilation of laws act : notwithstanding anything contained in section 3, the central government of the state of assam may, by order, direct that during such period, not exceeding twelve months from the appointed day, as may be specified in the order, any law which immediately before the appointed day was in force in the scheduled areas, shall be deemed to have continued to be in force therein or any specified part thereof, and may further likewise direct that any law which would have extended to, or come into force in, the scheduled areas on the appointed day, shall not be deemed to have extended thereto or come into force therein or any specified part thereof.

section 2. of the scheduled areas assimilation of laws act : in this act, a appointed day means the date appointed under subsection 2 of section 1 for the coming into force of this act b law means so much of any act, ordinance, regulation, rule, order or byelaw as relates to any of the matters enumerated in list i and iii in the seventh schedule to the constitution c scheduled areas means the areas specified in the schedule.

section 3. of the scheduled areas assimilation of laws act : 1 all laws which immediately before the appointed day extend to, or are in force in, the scheduled areas shall on that day cease to be in force in the scheduled areas except as respects things done or omitted to be done before that day, and for the removal of doubts, it is hereby declared that section 6 of the general clauses act, 10 of shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a central act. 2 all laws which immediately before the appointed day extend to, or are in force in, the darrang district of the state of assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraph 1 of the schedule. 3 all laws which immediately before the appointed day extend to, or are in force in, the lakhimpur district of the state of assam shall as from that day extend to, or, as the case may be, come into force in, the areas specified in paragraphs 2 and 3 of the schedule.

section 6.. of the powersof attorney act : act 28 of , section 39 repealed. rep. by the amending act, 12 of , s. 2 and the first schedule.

section 5. of the powersof attorney act : 1a married woman of full age shall, by virtue of this act, have power, as if she were unmarried, by a nontestamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any nontestamentary instrument or doing any other act which she might herself execute or do and the provisions of this act, relating to instruments creating powersofattorney, shall apply thereto. this section applies only to instruments executed after this act comes into force. 1 subs. by act 55 of , s. 6, for certain words w.e.f. .

section 1. of the powersof attorney act : this act may be called the powersofattorney act, . local extent.it applies to the whole of india 1 commencement. and it shall come into force on the first day of may, . 1.the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 1a. of the powersof attorney act : 11a. definition.in this act, powerofattorney includes any instrument empowering a specified person to act for and in the name of the person executing it. 1. ins. by act 55 of , s. 2 w.e.f. .

section 4. of the powersof attorney act : a an instrument creating a powerofattorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the high court 1or district court within the local limits of whose jurisdiction the instrument may be. b a separate file of instruments so deposited shall be kept and any person may search that file, and inspect every instrument so deposited and a certified copy thereof shall be delivered out to him on request. c a copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy. d a certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the high court 2district court. e the high court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the state government, the fees to be taken under clauses a, b and c. 3 g this section applies to instruments creating powersofattorney executed either before or after this act comes into force. 1 ins. by s. 5, ibid. w.e.f. . 2 . ins. by act 55 of , s. 5. 3. clause f rep. act 6 of , s. 48 and the second schedule

section 2. of the powersof attorney act : the donee of a powerofattorney may, if he thinks fit, execute or do any 1 instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power and every 1 instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. this section applies to powersofattorney created by instruments executed either before or after this act comes into force. 1 the word assurance omitted by s. 3, ibid. w.e.f. .

section 3., good. of the powersof attorney act : any person making or doing any payment or act in good faith, in pursuance of a powerofattorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become 1 of unsound mind, 2 or insolvent, or had revoked the power, if the fact of death, 3 unsoundness of mind, 4 insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. but this section shall not affect any right against the payee of any person interested in any money so paid and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. this section applies only to payments and acts made or done after this act comes into force. 1. the word lunatic, omitted by s. 4, ibid. w.e.f. . 2. the word or bankrupt omitted by s. 4, ibid. w.e.f. . 3. the word lunacy, omitted by s. 4, ibid. w.e.f. . 4. the word bankruptcy, omitted by s. 4, ibid. w.e.f. .

section 1. of the representation of the people act : this act may be called the representation of the people act, .

section 5. of the representation of the people act : a person shall not be qualified to be chosen to fill a seat in the legislative assembly of a state unless a in the case of a seat reserved for the scheduled castes or for the scheduled tribes of that state, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any assembly constituency in that state b in the case of a seat reserved for an autonomous district of assam, 1 he is a member of a 2scheduled tribe of any autonomous district and is an elector for the assembly constituency in which such seat or any other seat is reserved for that district and c in the case of any other seat, he is an elector for any assembly constituency in that state: 3provided that for the period referred to in clause 2 of article 371a, a person shall not be qualified to be chosen to fill any seat allocated to the tuensang district in the legislative assembly of nagaland unless he is a member of the regional council referred to in that article. 1. certain words omitted by the northeastern areas reorganisation adaptation of laws on union subjects order, w.e.f. . 2. subs. by act 47 of , s. 19, for scheduled tribe of that district w.e.f. . 3. ins. by act 27 of , s. 11 w.e.f. .

section 3. of the representation of the people act : 13. qualification for membership of the council of states. a person shall not be qualified to be chosen as a representative of any state 2 or union territory in the council of states unless he is an elector for a parliamentary constituency 3 in india. 1.. subs. by the adaptation of laws no. 2 order, , for s. 3. 2. the brackets and words omitted by act 47 of , s. 17 w.e.f. . 3. subs. by act 40 of , s. 2, for in that state or territory w.e.f. .

section 8. of the representation of the people act : 11 a person convicted of an offence punishable under a section 153a offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony or section 171e offence of bribery or section 171f offence of undue influence or personation at an election or subsection 1 or subsection 2 of section 376 or section 376a or section 376b or section 376c or section 376d offences relating to rape or section 498a offence of cruelty towards a woman by husband or relative of a husband or subsection 2 or subsection 3 of section 505 offence of making statement creating or promoting enmity, hatred or illwill between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies or the indian penal code 45 of or b the protection of civil rights act, 22 of , which provides for punishment for the preaching and practice of untouchability, and for the enforcement of any disability arising therefrom or c section 11 offence of importing or exporting prohibited goods of the customs act, 52 of or d sections 10 to 12 offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place of the unlawful activities prevention act, 37 of or e the foreign exchange regulation act, 46 of or f the narcotic drugs and psychotropic substances act, 61 of or g section 3 offence of committing terrorist acts or section 4 offence of committing disruptive activities of the terrorist and disruptive activities prevention act, 28 of or h section 7 offence of contravention of the provisions of section 3 to 6 of the religious institutions prevention of misuse act, 41 of or i section 125 offence of promoting enmity between classes in connection with the election or section 135 offence of removal of ballot papers from polling stations or section 135a offence of booth capturing or clause a of subsection 2 of section 136 offence of fraudulently defacing or fraudulently destroying any nomination paper of this act 2or 2j section 6 offence of conversion of a place or worship of the places of worship special provisions act , 3or 4k section 2 offence of insulting the indian national flag or the constitution of india or section 3 offence of preventing singing of national anthem of the prevention of insults to national honour act, 69 of 5or 5l the commission of sati prevention act, 3 of or m the prevention of corruption act, 49 of or n the prevention of terrorism act, 15 of , 6shall be disqualified, where the convicted person is sentenced to i only fine, for a period of six years from the date of such conviction ii imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release, 2 a person convicted for the contravention of a any law providing for the prevention of hoarding or profiteering or b any law relating to the adulteration of food or drugs or c any provisions of the dowry prohibition act, 7 28 of , 8 and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. 3 a person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in subsection 1 or subsection 2 shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release. 94i notwithstanding anything 10in subsection 1, subsection 2 and subsection 3 a disqualification under either subsection shall not, in the case of a person who on the date of the conviction is a member of parliament or the legislature of a state, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. explanation.in this section a law providing for the prevention of hoarding or profiteering means any law, or any order, rule or notification having the force of law, providing for i the regulation of production or manufacture of any essential commodity ii the control of price at which any essential commodity may be brought or sold iii the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity iv the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale b drug has the meaning assigned to it in the drugs and cosmetics act, 23 of c essential commodity has the meaning assigned to it in the essential commodities act, 10 of d food has the meaning assigned to it in the prevention of food adulteration act, 37 of . 1. subs. by act 1 of , s. 4, for subsections 1 and 2 w.e.f. . 2. ins. by act 42 of , s. 8 w.e.f. . 3. added by act 21 of , s. 3 w.e.f. . 4. ins. by s. 3, ibid. w.e.f. . 5. ins. by act 9 of , s. 2 w.e.f. . 6. subs. by s. 2, ibid., for shall be disqualified and ending with the words such conviction w.e.f. . 7. subs. by s. 2, ibid., for 28 of or w.e.f. . 8. omitted by s. 2, ibid. w.e.f. . 9. subsection 3 renumbered as subsection 4 by act 1 of , s. 4 w.e.f. . 10. subs. by s. 4, ibid., for subsection 1 and subsection 2 w.e.f. . struck down by the supreme court of india in case titled lily thomas vs union of india and ors.

section 2. of the representation of the people act : show related subordinates 1 in this act, unless the context otherwise requires, a each of the expressions defined in section 2 or subsection 1 of section 27 of the representation of the people act, 43 of , but not defined in this act, shall have the same meaning as in that act b appropriate authority means, in relation to an election to the house of the people or the council of states 1, the central government, and in relation to an election to the legislative assembly or the legislative council of a state, the state government 2bb chief electoral officer means the officer appointed under section 13a of the representation of the people act, 43 of c corrupt practice means any of the practices specified in section 4cc district election officer means the officer designated or nominated under section 13aa of the representation of the people act, 43 of d election means an election to fill a seat or seats in either house of parliament or in the house or either house of the legislature of a state 5 6 8e elector in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the representation of the people act, 43 of 9f political party means an association or a body of individual citizens of india registered with the election commission as a political party under section 29a g prescribed means prescribed by rules made under this act 4h public holiday means any day which is a public holiday for the purposes of section 25 of the negotiable instruments act, 26 of 10i sign, in relation to a person who is unable to write his name, means authenticate in such manner as may be prescribed. 11 12 2 for the purposes of this act, 13 a parliamentary constituency, an assembly constituency, a council constituency, a local authorities constituency, a graduates constituency and a teachers constituency shall each be treated as a constituency of a different class. 3 any requirement under this act that a notification, order, rule, declaration, notice or list issued or made by any authority shall be published in the official gazette, shall, unless otherwise expressly provided in this act, be construed as a requirement that the notification, order, rule, declaration, notice or list shall a where it is issued or made by the central government, be published in the gazette of india b where it is issued or made by a state government, be published in the official gazette of the state and c where it is issued or made by any other authority, be published in the gazette of india if it relates to an election to, or membership of, either house of parliament 14 and in the official gazette of the state if it relates to an election to, or membership of, the house or either house of the legislature of a state. 4 where, under any of the provisions of this act, anything is to be prescribed, different provisions may be made for different cases or classes of cases. 15 16 15 1. certain words omitted by act 103 of , s. 66 w.e.f. . 2. ins. by act 27 of , s. 3 w.e.f. . 3. the words and figures or section 124 omitted by s. 3, ibid. w.e.f. . 4. ins. by act 47 of , s. 15 w.e.f. . 5. the words other than the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 6. certain words omitted by act 58 of , s. 14 w.e.f. . 7. subs. by act 27 of , s. 3, for clause e w.e.f. . 8. ins. by act 1 of , s. 3 w.e.f. . 9. clause k relettered as clause i of that section by act 27 of , s. 3 w.e.f. . 10. clause j omitted by the adaptation of laws no. 2 order, . 11. clause k omitted by act 47 of , s. 15 w.e.f. . 12. the words an electoral college constituency omitted by act 103 of , s. 66 w.e.f. . 13. the words or the electoral college of union territory omitted by s. 66, ibid. w.e.f. . 14. subsection 5 and 7 omitted and subsection 6 renumbered as subsection 5 by act 27 of , s. 3 w.e.f. . 15. subsection 5 omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 16. subsection 7 omitted by act 27 of , s. 3 w.e.f. .

section 8a. of the representation of the people act : 18a. disqualification on ground of corrupt practices.1 the case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, 2as soon as may be within a period of three months from the date such order takes effect, by such authority as the central government may specify in this behalf, to the president for determination of the question as to whether such person shall be disqualified and if so, for what period: provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect. 2 any person who stands disqualified under section 8a of this act as it stood immediately before the commencement of the election laws amendment act, 40 of , may, if the period of such disqualification has not expired, submit a petition to the president for the removal of such disqualification for the unexpired portion of the said period. 3 before giving his decision on any question mentioned in subsection 1 or on any petition submitted under subsection 2, the president shall obtain the opinion of the election commission on such question or petition and shall act according to such opinion. 1. subs. by act 40 of , s. 2, for section 8a w.e.f. . 2. subs. by act 41 of , s. 4, for certain words w.e.f. .

section 5a. of the representation of the people act : show related subordinates 15a. qualifications for membership of legislative assembly of sikkim.21 notwithstanding notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the legislative assembly of sikkim deemed to be the legislative assembly of that state duly constituted under the constitution unless a in the case of a seat reserved for sikkimese of bhutialepcha origin, he is a person either of bhutia or lepcha origin and is an elector for any assembly constituency in the state other than the constituency reserved for the sanghas b in the case of a seat reserved for sikkimese of nepal origin, he is a person of nepali origin and is an elector for any assembly constituency in the state c in the case of a seat reserved for scheduled castes, he is a member of any of the castes specified in the representation of sikkim subjects act, and is an elector for any assembly constituency in the state and d in the case of a seat reserved for sanghas, he is an elector of the sangha constituency. 32 notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the legislative assembly of the state of sikkim, to be constituted at any time after the commencement of the representation of the people amendment act, 8 of , unless a in the case of a seat reserved for sikkimese of bhutialepcha origin, he is a person either of bhutia or lepcha origin and is an elector for any assembly constituency in the state other than the constituency reserved for the sanghas b in the case of a seat reserved for scheduled castes, he is a member of any of those castes in the state of sikkim and is an elector for any assembly constituency in the state c in the case of a seat reserved for sanghas, he is an elector of the sangha constituency and d in the case of any other seat, he is an elector for any assembly constituency in the state. explanation.in this subsection bhutia includes chumbipa, dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo. 1. ins. by act 10 of , s. 2 and the schedule w.e.f. . 2. section 5a renumbered as subsection 1 of that section by act 8 of , s. 3 w.e.f. . 3. ins. by act 8 of , s. 3 w.e.f. .

section 6. of the representation of the people act : 1 a person shall not be qualifled to be chosen to fill a seat in the legislative council of a state to be filled by election unless he is an elector for any assembly constituency in that state. 2 a person shall not be qualified to be chosen to fill a seat in the legislative council of a state to be filled by nomination by the governor 1 unless he is ordinarily resident in the state. 1. the words or the rajpramukh, as the case may be omitted by the adaptation of laws no. 2 order, .

section 4. of the representation of the people act : a person shall not be qualified to be chosen to fill a seat in the house of the people 1 2, unless a in the case of a seal reserved for the scheduled castes in any state, he is a member of any of the scheduled castes, whether of that state or of any other state, and is an elector for any parliamentary constituency b in the case of a seat reserved for the scheduled tribes in any state other than those in the autonomous districts of assam, he is a member of any of the scheduled tribes, whether of the slate or of any other state excluding the tribal areas of assam, and is an elector for any parliamentary constituency c in the case of a seat reserved for the scheduled tribes in the autonomous districts of assam, he is a member of any of those scheduled tribes and is an elector for the parliamentary constituency in which such seat is reserved or for any other parliamentary constituency comprising any such autonomous district 3 4cc in the case of the seat reserved for the scheduled tribes in the union territory of 5lakshadweep, he is a member of any of those scheduled tribes and is an elector for the parliamentary constituency of that union territory 6 7ccc in the case of the seat allotted to the state of sikkim, he is an elector for the parliamentary constituency for sikkim d in the case of any other seat, he is an elector for any parliamentary constituency. 1. certain words omitted by act 49 of , s. 5 w.e.f. . 2. certain words omitted by act 29 of , s. 12 w.e.f. . 3. the word and omitted by act 47 of , s. 18 w.e.f. . 4. ins. by s. 18, ibid. w.e.f. . 5. . subs. by the laccadive, minicoy and aminidivi islands alteration of name adaptation of laws order, w.e.f. 111 . 6. the word and omitted by act 10 of , s. 2 and the schedule w.e.f. . 7. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 11a. of the representation of the people act : 111a. disqualification arising out of conviction and corrupt practices. 21 if any person, after the commencement of this act, 3 is convicted of an offence punishable under section 171e or section 171f of the indian penal code 45 of , or under section 125 or section 135 or clause a of subsection 2 of section 136 of this act, 4 5 he shall, for a period of six years from the date of the conviction or from the date on which the order takes effect, be disqualified for voting at any election. 62 any person disqualified by a decision of the president under subsection 1 of section 8a for any period shall be disqualified for the same period for voting at any election. 3 the decision of the president on a petition submitted by any person under subsection 2 of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a slate shall, so for as may be, apply in respect of the disqualification for voting at any election incurred by him under clause b of subsection 1 of section 11a of this act as it stood immediately before the commencement of the election laws amendment act, 40 of , as if such decision were a decision in respect of the said disqualification for voting also. 1. ins. by act 40 of , s. 3 w.e.f. . 2. section 11a renumbered as subsection 1 of that section by s. 4, ibid. w.e.f. . 3. the brackets and letter a omitted by act 38 of , s. 3 and the second schedule w.e.f. . 4. the word or omitted by s. 3 and the second schedule, ibid. w.e.f. . 5. omitted by act 40 of , s. 4 w.e.f. . 6. ins. by s. 4, ibid. w.e.f. .

section 9. of the representation of the people act : 1 a person who having held an office under the government of india or under the government of any state has been dismissed for corruption or for disloyalty to the state shall be disqualified for a period of five years from the date of such dismissal. 2 for the purposes of subsection 1, a certificate issued by the election commission to the effect that a person having held office under the government of india or under the government of a state, has or has not been dismissed for corruption or for disloyalty to the state shall be conclusive proof of that fact: provided that no certificate to the effect that a person has been dismissed for corruption or for disloyalty to the state shall be issued unless an opportunity of being heard has been given to the said person.

section 11b. of the representation of the people act : 111b. removal of disqualifications.the election commission may, for reasons to be recorded, remove 2any disqualification under subsection 1 of section 11a. 1. ins. by act 40 of , s. 3 w.e.f. . 1. subs. by act 40 of , s. 5, for any disqualification under this chapter w.e.f. .

section 9a. of the representation of the people act : a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by, that government. explanation.for the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate government, the contract shall be deemed not to subsist by reason only of the fact that the government has not performed its part of the contract either wholly or in part.

section 12. of the representation of the people act : 112. notification for biennial election to the council of states.for the purpose of filling the seats of members of the council of states retiring on the expiration of their term of office the president shall by one or more notifications published in the gazette of india on such date or dates as may be recommended by the election commission, call upon the elected members of the legislative assembly or as the case may be, the members of the electoral college, of each state concerned to elect members in accordance with the provisions of this act and of the rules and orders made thereunder: provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire. 1. subs. by act 27 of , s. 7, for part iii w.e.f. .

section 10. of the representation of the people act : a person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation other than a cooperative society in the capital of which the appropriate government has not less than twentyfive per cent. share.

section 12a. of the representation of the people act : 112a. notification for election to fill the seat allotted to the state of sikkim in the council of states.for the purpose of filling for the first time the seat allotted to the state of sikkim by the constitution thirtysixth amendment act, in the council of states, the president shall, by a notification published in the gazette of india, on such date as may be recommended by election commission, call upon the elected members of the legislative assembly of the state of sikkim to elect a member in accordance with the provisions of this act and of the rules and orders made thereunder and the election so held shall for all purposes and intent be deemed to have been held under section 12. 1. ins. by act 10 of , s. 2 and the schedule w.e.f. .

section 10a. of the representation of the people act : if the election commission is satisfied that a person a has failed to lodge an account of election expenses, within the time and in the manner required by or under this act and b has no good reason or justification for the failure, the election commission shall, by order published in the official gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

section 13.. of the representation of the people act : 1notification for reconstitution of electoral colleges of certain union territories. omitted by the territorial councils act, of , s. 66 w.e.f. . 1. subs. by act 27 of , s. 7, for part iii w.e.f. .

section 11. of the representation of the people act : the election commission may, for reasons to be recorded, remove any disqualification under this chapter 1except under section 8a or reduce the period of any such disqualification. 1. ins. by act 40 of , s. 3 w.e.f. .

section 14. of the representation of the people act : 114. notification for general election to the house of the people.1 a general election shall be held for the purpose of constituting a new house of the people on the expiration of the duration of the existing house or on its dissolution. 2 for the said purpose the president shall, by one or more notifications published in the gazette of india on such date or dates as may be recommended by the election commission, call upon all parliamentary constituencies to elect members in accordance with the provisions of this act and of the rules and orders made thereunder: provided that where a general election is held otherwise than on the dissolution of the existing house of the people, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that house would expire under the provisions of clause 2 of article 83. 1. subs. by act 27 of , s. 7, for part iii w.e.f. .

section 19a. of the representation of the people act : 119a. delegation of functions of election commission.the functions of the election commission under the constitution, the representation of the people act, 43 of and this act or under the rules made thereunder may, subject to such general or special directions, if any, as may be given by the election commission in this behalf, be performed also by a deputy election commissioner or by the secretary to the election commission. 1. ins. by act 47 of , s. 21 w.e.f. .

section 15. of the representation of the people act : 115. notification for general election to a state legislative assembly.1 a general election shall be held for the purpose of constituting a new legislative assembly on the expiration of the duration of the existing assembly or on its dissolution. 2 for the said purpose, 2the governor or administrator, as the case may be , 3 shall by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon all assembly constituencies in the state to elect members in accordance with the provisions of this act and of the rules and orders made thereunder: provided that where a general election is held otherwise than on the dissolution of the existing legislative assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that assembly would expire under the provisions of clause 1 of article 4or under the provisions of section 5 of the government of union territories act, 20 of , as the case may be. 1. subs. by act 27 of , s. 7, for part iii w.e.f. . 2. subs. by act 20 of , s. 57 and the second schedule for the governor w.e.f. . 3. the words rajpramukh, lieutenantgovernor or chief commissioner, as the case may be, omitted by the adaptation of laws no. 2 order, . 4. added by act 20 of , s. 57 and the second schedule w.e.f. .

section 14a. of the representation of the people act : 1214a. notification for electing the representative of the state of sikkim to the existing house of the people.for the purpose of electing a representative of the state of sikkim to the house of the people, specified in clause e of article 371f of the constitution, the election commission shall call upon the members of the legislative assembly of the stale of sikkim to elect the representative in accordance with such of the provisions of this act, and the rules and orders make thereunder, as are applicable to the election of the members of the council of states. 1. subs. by act 27 of , s. 7, for part iii w.e.f. . 2. ins. by act 10 of , s. 2 and the schedule w.e.f. .

section 15a. of the representation of the people act : 115a. notification for certain elections to legislative councils.for the purpose of constituting the legislative council of the state of madhya pradesh under the state reorganisation act, 37 of and constituting the legislative council of the state of andhra pradesh 2under the andhra pradesh legislative council act, 1 of , 3and constituting the legislative council of the state of tamil nadu under the tamil nadu legislative council act, 16 of 4and constituting the legislative council of the state of telangana under the andhra pradesh reorganisation act, 6 of the governor of each of the aforesaid states shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and all the council constituencies to elect members in accordance with the provisions of this act and of the rules and orders made thereunder. 1. subs. by act 27 of , s. 7, for part iii w.e.f. . 2. subs. by act 1 of , s. 5, for under the legislative councils act, w.e.f. . 3. ins. by act 16 of , s. 5 w.e.f. . 4. ins. by act 6 of , s. 98 w.e.f. .

section 16. of the representation of the people act : 116. notification for biennial election to a state legislative council.for the purpose of filling the seats of members of the legislative council of a state retiring on the expiration of their term of office, the governor 2 shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission call upon the members of the legislative assembly of the state and all the council constituencies concerned to elect members in accordance with the provisions of this act and of the rules and orders made thereunder: provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire. 1. subs. by act 27 of , s. 7, for part iii w.e.f. . 2. the words or rajpramukh, as the case may be, omitted by the adaptation of laws no. 2 order, .

section 20b. of the representation of the people act : 120b. observers.1 the election commission may nominate an observer who shall be an officer officer of government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the election commission. 2 the observer nominated under subsection 1 shall have the power to direct the returning officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if in the opinion of the observer booth capturing has taken place at a large number of polling stations or at places fixed for the poll or counting of votes or any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained. 3 where an observer has directed the returning officer under this section to stop counting of votes or not to declare the result, the observer shall forthwith report the matter to the election commission and thereupon the election commission shall, after taking all material circumstances into account, issue appropriate directions under section 58a or section 64a or section 66. explanation.for the purposes of subsection 2 and subsection 3, observer shall include a regional commissioner or any such officer of the election commission as has been assigned under this section the duty of watching the conduct of election or elections in a constituency or group of constituencies by the commission. 1. ins. by act 21 of , s. 4 w.e.f. .

section 19. of the representation of the people act : in this part and in part v, unless the context otherwise requires, constituency means 1 parliamentary constituency or an assembly constituency or a council constituency. 1. the words an electoral college constituency or omitted by act 103 of , s. 66 w.e.f. .

section 22. of the representation of the people act : 1 the election commission may appoint one or more persons to assist any returning officer in the performance of his functions: provided that every such person shall be 1an officer of government or of a local authority. 2 every assistant returning officer shall, subject to the control of the returning officer, be competent to perform all or any of the functions of the returning officer: provided that no assistant returning officer shall perform any of the functions of the returning officer which relate 2 to the scrutiny of nominations 3 unless the returning officer is unavoidably prevented from performing the said function. 1. subs. by act 47 of , s. 23, for an officer of government w.e.f. . 2. certain words omitted by act 27 of , s. 10 w.e.f. . 3. the words or to the counting of votes omitted by s. 10, ibid. w.e.f. .

section 20. of the representation of the people act : show related subordinates 120. general duties of chief electoral officers.subject to the superintendence, direction and control of the election commission, the chief electoral officer of each state shall supervise the conduct of all elections in the state under this act. 1. subs. by act 27 of , s. 9, for sections 20 and 21 w.e.f. .

section 20a. of the representation of the people act : 120a. general duties of district election officer.1 subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the conduct of all elections to parliament and the legislature of the state. 2 the district election officer shall also perform such other functions as may be entrusted to him by the election commission and the chief electoral officer. 1. ins. by act 47 of , s. 22 w.e.f. .

section 24. of the representation of the people act : it shall be general duty of the returning officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by this act and rules or orders made thereunder.

section 21. of the representation of the people act : for every constituency, for every election to fill a seat or seats in the council of states and for every election by the members of the legislative assembly of a state to fill a seat or seats in the legislative council of the state, the election commission shall, in consultation with the government of the state, designate or nominate a returning officer who shall be 1an officer of government or of a local authority: provided that nothing in this section shall prevent the election commission from designating or nominating the same person to be the returning officer for more than one constituency. 1. subs. by act 47 of , s. 23, for an officer of government w.e.f. .

section 27. of the representation of the people act : it shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the poll is fairly taken.

section 26. of the representation of the people act : 1 the 1district election officer shall appoint a presiding officer for each polling station and such polling officer or officers as he thinks necessary, but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election: provided that if a polling officer is absent from the polling station, the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the polling officer during the absence of the former officer, and inform the 1district election officer accordingly: 2provided further that nothing in this subsection shall prevent that 1district election officer from appointing the same person to be the presiding officer for more than one polling station in the same premises. 2 a polling officer shall, if so directed by the presiding officer, perform all or any of the functions of a presiding officer under this act or any rules or orders made thereunder. 3 if the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself from the polling station, his functions shall be performed by such polling officer as has been previously authorised by the 1district election officer to perform such functions during any such absence. 4 references in this act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any function which he is authorised to perform under subsection 2 or subsection 3, as the case may be. 3 1. subs. by s. 26, ibid., for returning officer w.e.f. . 2. ins. by act 27 of , s. 12 w.e.f. . 3. subsection 5 omitted by act 2 of , s. 3 w.e.f. .

section 25. of the representation of the people act : 125. provision of polling stations for constituencies.the district election officer shall, with the previous approval of the election commission, provide a sufficient number of polling stations for every constituency the whole or greater part of which lies within his jurisdiction, and shall publish, in such manner as the election commission may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided. 1. subs. by act 47 of , s. 25, for section 25 w.e.f. .

section 23. of the representation of the people act : references in this act to the returning officer shall, unless the context otherwise requires, be deemed to include an assistant returning officer performing any function which he is authorised to perform under subsection 2 of section 22.

section 29b. of the representation of the people act : 129b. political parties entitled to accept contribution.subject to the provisions of the companies act, 1 of , every political party may accept any amount of contribution voluntarily offered to it by any person or company other than a government company: provided that no political party shall be eligible to accept any contribution from any foreign source defined under clause e of section 2 of the foreign contribution regulation act, 49 of . explanation,for the purposes of this section and section 29c, a company means a company as defined in section 3 b government company means a company within the meaning of section 617 and c contribution has the meaning assigned to it under section 293a, of the companies act, 1 of and includes any donation or subscription offered by any person to a political party and d person has the meaning assigned to it under clause 31 of section 2 of the incometax act, 43 of , but does not include government company, local authority and every artificial juridical person wholly or partially funded by the government. 1. ins. by act 46 of , s. 2 w.e.f. .

section 28. of the representation of the people act : it shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.

section 29a. of the representation of the people act : 129a. registration with the election commission of associations and bodies as political parties.1 any association or body of individual citizens of india calling itself a political party and intending to avail itself of the provisions of this part shall make an application to the election commission for its registration as a political party for the purposes of this act. 2 every such application shall be made, a if the association or body is in existence at the commencement of the representation of the people amendment act, 1 of , within sixty days next following such commencement b if the association or body is formed after such commencement, within thirty days next following the date of its formation. 3 every application under subsection 1 shall be signed by the chief executive officer of the association or body whether such chief executive officer is known as secretary or by any other designation and presented to the secretary to the commission or sent to such secretary by registered post. 4 every such application shall contain the following particulars, namely: a the name of the association or body b the state in which its head office is situate c the address to which letters and other communications meant for it should be sent d the names of its president, secretary, treasurer and other officebearers e the numerical strength of its members, and if there are categories of its members, the numerical strength in each category f whether it has any local units if so, at what levels g whether it is represented by any member or members in either house of parliament or of any state legislature if so, the number of such member or members. 5 the application under subsection 1 shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the constitution of india as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of india. 6 the commission may call for such other particulars as it may deem fit from the association or body. 7 after considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the commission shall decide either to register the association or body as a political party for the purposes of this part, or not so to register it and the commission shall communicate its decision to the association or body: provided that no association or body shall be registered as a political party under this subsection unless the memorandum or rules and regulations of such association or body conform to the provisions of subsection 5. 8 the decision of the commission shall be final. 9 after an association or body has been registered as a political party as aforesaid, any change in its name, head office, officebearers, address or in any other material matters shall be communicated to the commission without delay. 1. ins. by act 1 of , s. 6 w.e.f. .

section 30. of the representation of the people act : 130. appointment of dates for nominations, etc.as soon as the notification calling upon a constituency to elect a member or members is issued, the election commission shall, by notification in the official gazette, appoint a the last date for making nominations, which shall be the 2seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday b the date for the scrutiny of nominations, which shall be 3the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday c the last date for the withdrawal of candidatures, which shall be 4the second day after the date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday d the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the 5fourteenth day after the last date for the withdrawal of candidatures and e the date before which the election shall be completed. 6 1. subs. by act 27 of , s. 14, for section 30 w.e.f. . 2. subs. by act 40 of , s. 7, for tenth day w.e.f. . 3. subs. by act 47 of , s. 27, for the second day after w.e.f. . 4. subs. by act 47 of , s. 27, for the third day w.e.f. . 5. subs. by act 21 of , s. 5, for twentieth day w.e.f. . 6. the explanation omitted by act 47 of , s. 27 w.e.f. .

section 28a., deemed to be on deputation to election commission. of the representation of the people act : 128a. returning officer, presiding officer, etc., deemed to be on deputation to election commission.the returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this part, and any police officer designated for the time being by the state government, for the conduct of any election shall be deemed to be on deputation to the election commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the election commission. 1. ins. by act 1 of , s. 5 w.e.f. .

section 31. of the representation of the people act : on the issue of a notification under section 30, the returning officer 1 shall give public notice of the intended election in such form and manner as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered. 1. the words for the constituency omitted by s. 28, ibid. w.e.f. .

section 29. of the representation of the people act : show related subordinates 1 the returning officer for an election 1 to fill a seat or seats in the council of states or for an election by the members of the legislative assembly of a state to fill a seat or seats in the legislative council of the state shall, with the previous approval of the election commission, fix the place at which the poll will be taken for such election and shall notify the place so fixed in such manner as the election commission may direct. 2 the returning officer shall preside over such election at the place so fixed and shall appoint such polling officer or officers to assist him as he thinks necessary but he shall not appoint any person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election. 1. the brackets and words other than a primary election omitted by act 27 of , s. 13 w.e.f. .

section 29c. of the representation of the people act : 1 the treasurer of a political party or any other person authorised by the political party in this behalf shall, in each financial year, prepare a report in respect of the followings namely: a the contribution in excess of twenty thousand rupees received by such political party from any person in that financial year b the contribution in excess of twenty thousand rupees received by such political party from companies other than government companies in that financial year. 1provided that nothing contained in this subsection shall apply to the contributions received by way of an electoral bond. explanation.for the purposes of this subsection, electoral bond means a bond referred to in the explanation to subsection 3 of section 31 of the reserve bank of india act, 2 of . 2 the report under subsection 1 shall be in such form as may be prescribed. 3 the report for a financial year under subsection 1 shall be submitted by the treasurer of a political party or any other person authorised by the political party in this behalf before the due date for furnishing a return of its income of that financial year under section 139 of the incometax act, 43 of to the election commission. 4 where the treasurer of any political party or any other person authorised by the political party in this behalf fails to submit a report under subsection 3, then, notwithstanding anything contained in the incometax act, 43 of , such political party shall not be entitled to any tax relief under that act. 1. ins. by act 7 of , s. 137 w.e.f. .

section 33a. of the representation of the people act : 133. presentation of nomination paper and requirements for a valid nomination.1 a candidate shall, apart from any information which he is required to furnish, under this act or the rules made thereunder, in his nomination paper delivered under subsection 1 of section 33, also furnish the information as to whether i he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction ii he has been convicted of an offence other than any offence referred to in subsection 1 or subsection 2, or covered in subsection 3, of section 8 and sentenced to imprisonment for one year or more. 2 the candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under subsection 1 of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in subsection 1. 3 the returning officer shall, as soon as may be after the furnishing of information to him under subsection 1, display the aforesaid information by affixing a copy of the affidavit, delivered under subsection 2, at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered. 1. ins. by act 72 of , s. 2 w.e.f. .

section 35. of the representation of the people act : show related subordinates the returning officer shall, on receiving the nomination paper 1under subsection 1 or, as the case may be, subsection 1a of section 33, inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of 2the proposer. 1. subs. by s. 2 and the schedule, ibid., for under subsection 1 w.e.f. . 2. subs. by act 27 of , s. 18, for certain words w.e.f. .

section 36. of the representation of the people act : show related subordinates 1 on the date fixed for the scrutiny of nominations under section 30, the candidates, their election agents, one proposer 1 of each candidate, and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the returning officer may appoint and the returning officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 33. 2 the returning officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, 2reject any nomination on any of the following grounds: 3a 4that on the date fixed for the scrutiny of nominations the candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely: articles 84, 102, 173 and 191, 5. 6part ii of this act and sections 4 and 14 of the government of union territories act, 20 of 7 or b that there has been a failure to comply with any of the provisions of section 33 or section 34 or c that the signature of the candidate or the proposer on the nomination paper is not genuine. 3 nothing contained in 8clause b or clause c of subsection 2 shall be deemed to authorise the 9rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. 4 the returning officer shall not reject any nomination paper on the ground of any 10 defect which is not of a substantial character. 5 the returning officer shall hold the scrutiny on the date appointed in this behalf under clause b of section 30 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: provided that in case 11an objection is raised by the returning officer or is made by any other person the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the returning officer shall record his decision on the date to which the proceedings have been adjourned. 6 the returning officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. 127 for the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 43 of . 8 immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to his notice board. 1. the words and one seconder omitted by s. 19, ibid. w.e.f. . 2. subs. by s. 19, ibid., for refuse w.e.f. . 3. subs. by s. 19, ibid., for clauses a to e w.e.f. . 4. subs. by act 40 of , s. 9, for that the candidate w.e.f. . 5. the word and omitted by act 20 of , s. 57 and the second schedule w.e.f. . 6. subs. by s. 57 and the second schedule, ibid., for part ii of this act w.e.f. . 7. certain words and figures omitted by the adaptation of laws no. 2 order, . 8. subs. by act 27 of , s. 19, for clause c, clause d or clause e w.e.f. . 9. subs. by s. 19, ibid., for refusal w.e.f. . 10. the word technical omitted by act 27 of , s. 19 w.e.f. . 11. subs. by act 40 of , s. 9, for and objection is made w.e.f. . 12. subs. by act 27 of , s. 19, for subsection 7 w.e.f. .

section 33. of the representation of the people act : show related subordinates 133. presentation of nomination paper and requirements for a valid nomination.1 on or before the date appointed under clause a of section 30 each candidate shall, either in person or by his proposer, between the hours of eleven oclock in the forenoon and three oclock in the afternoon deliver to the returning officer at the place specified in this behalf in the notice issued under section 31 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the constituency as proposer: 2provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election form a constituency unless the nomination paper is subscribed by ten proposers being electors of the constituency: provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday: provided also that in the case of a local authorities constituency, graduates constituency or teachers constituency, the reference to an elector of the constituency as proposer shall be construed as a reference to ten per cent. of the electors of the constituency or ten such electors, whichever is less, as proposers. 31a notwithstanding anything contained in subsection 1, for election to the legislative assembly of sikkim deemed to be the legislative assembly of that state duly constituted under the constitution, the nomination paper to be delivered to the returning officer shall be in such form and manner as may be prescribed: provided that the said nomination paper shall be subscribed by the candidate as assenting to the nomination, and a in the case of a seat reserved for sikkimese of bhutialepcha origin, also by at least twenty electors of the constituency as proposers and twenty electors of the constituency as seconders b in the case of a seat reserved for sanghas, also by at least twenty electors of the constituency as proposers and at least twenty electors of the constituency as seconders c in the case of a seat reserved for sikkimese of nepali origin, by an elector of the constituency as proposer: provided further that no nomination paper shall be delivered to the returning officer on a day which is a public holiday. 2 in a constituency where any seat is reserved, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member and the area in relation to which that caste or tribe is a scheduled caste or, as the case may be, a scheduled tribe of the state. 3 where the candidate is a person who, having held any office referred to in 4section 9 has been dismissed and a period of five years has not elapsed since the dismissal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the election commission to the effect that he has not been dismissed for corruption or disloyalty to the state. 4 on the presentation of a nomination paper, the returning officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: 5provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood and the returning officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked. 5 where the candidate is an elector of a different constituency, a copy of the electoral roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries in such roll shall, unless it has been filed along with the nomination paper, be produced before the returning officer at the time of scrutiny. 66 nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the returning officer for election in the same constituency. 77 notwithstanding anything contained in subsection 6 or in any other provisions of this act, a person shall not be nominated as a candidate for election, a in the case of a general election to the house of the people whether or not held simultaneously from all parliamentary constituencies, from more than two parliamentary constituencies b in the case of a general election to the legislative assembly of a state whether or not held simultaneously from all assembly constituencies, from more than two assembly constituencies in that state c in the case of a biennial election to the legislative council of a state having such council, from more than two council constituencies in the state d in the case of a biennial election to the council of states for filling two or more seats allotted to a state, for filling more than two such seats e in the case of byeelections to the house of the people from two or more parliamentary constituencies which are held simultaneously, from more than two such parliamentary constituencies f in the case of byeelections to the legislative assembly of a state from two or more assembly constituencies which are held simultaneously, from more than two such assembly constituencies g in the case of byeelections to the council of states for filling two or more seats allotted to a state, which are held simultaneously, for filling more than two such seats h in the case of byeelections to the legislative council of a state having such council from two or more council constituencies which are held simultaneously, from more than two such council constituencies. explanation.for the purposes of this subsection, two or more byeelections shall be deemed to be held simultaneously where the notification calling such byeelections are issued by the election commission under sections 147, 149, 150 or, as the case may be, 151 on the same date. 1. subs. by act 27 of , s. 16, for section 33 w.e.f. . 2. subs. by act 21 of , s. 6, for the provisos w.e.f. . 3. ins. by act 10 of , s. 2 and the schedule w.e.f. . 4. subs. by act 38 of , s. 3 and the second schedule, for clause f of section 7 w.e.f. . 5. subs. by act 47 of , s. 29, for the proviso w.e.f. . 6. subs. by act 40 of , s. 8, for subsection 6 w.e.f. . 7. ins. by act 21 of , s. 6 w.e.f. .

section 37. of the representation of the people act : show related subordinates 1 any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three oclock in the afternoon on the day fixed under clause c of section 30 to the returning officer either by such candidate in person or by his proposer, 1 or election agent who has been authorised in this behalf in writing by such candidate. 2 2 no person who has given a notice or withdrawal of his candidature under subsection 1 shall be allowed to cancel the notice. 33 the returning officer shall, on being satisfied as to the genuineness of a notice or withdrawal and and the identity of the person delivering it under subsection 1, cause the notice to be affixed in some conspicuous place in his office. 1. the word seconder omitted by s. 20, ibid. w.e.f. . 2. the proviso omitted by s. 20, ibid. w.e.f. . 3. subs. by act 40 of , s. 10, for subsection 3 w.e.f. .

section 33b. of the representation of the people act : 133b. candidate to furnish information only under the act and the rules.notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the election commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this act or the rules made thereunder. 1. ins. by s. 3, ibid. w.e.f. .

section 32. of the representation of the people act : any person may be nominated as a candidate for election to fill a seat 1 if he is qualified to be chosen to fill that seat under the provisions of the constitution and this act 2 3or under the provisions of the government of union territories act, 20 of , as the case may be. 1. the words in any constituency omitted by act 27 of , s. 15 w.e.f. . 2. certain words and figures omitted by the adaptation of laws no. 2 order, . 3. ins. by act 20 of , s. 57 and the second schedule w.e.f. .

section 39. of the representation of the people act : 139.nomination of candidates at other elections.1 as soon as the notification calling upon the elected members or the members of the legislative assembly of a state or the members of the electoral college of a 2union territory to elect a member or members is issued, the election commission shall, by notification in the official gazette, appoint a the last date for making nominations, which shall be the 3seventh day after the date of publication of the firstmentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday b the date for the scrutiny of nominations, which shall be 4the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday c the last date for the withdrawal of candidatures, which shall be 5the second day after the date date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday d the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the seventh day after the last date for the withdrawal of candidatures and e the date before which the election shall be completed. 6 2 the provisions of sections 31 to 38, excluding subsections 2 and 5 of section 33 and 7clause a of subsection 1 of section 34, shall apply in relation to any such election as they apply apply in relation to an election in any constituency: provided that a any references in the said provisions to the electoral roll of the constituency shall, unless the context otherwise requires, be construed, in the case of an election by the members or the elected members of the legislative assembly of the state, as references to the list of members or elected members, as the case may be, of that assembly maintained under subsection 1 of section 152, and in the case of an election by the members of the electoral college of a 2union territory, as references to the list of members of such electoral college maintained under subsection 2 of that section 8aa the reference in the opening paragraph of subsection 1 of section 33 to an elector of the constituency as proposer shall be construed as a reference to ten per cent. of the elected members or of the members of the legislative assembly of a state or of the members of the electoral college of a union territory, as the case may be, or ten members concerned, whichever is less, as proposers: provided that where as a result of the calculation of the percentage referred to in this clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than onehalf it shall be counted as one, and if the fraction so arrived at is less than onehalf it shall be ignored 910ab in the case of an election to the legislative council of a state by the members of the legislative assembly of that state, clause a of subsection 2 of section 36 shall be construed as including a reference to subclause d of clause 3 of article 171 b any references in the said provisions to section 30 shall be construed as references to subsection 1 of this section and c at the time of presenting the nomination paper, the returning officer may require the person presenting the same to produce either a copy of the electoral roll, or part of the electoral roll, in which the name of the candidate is included or a certified copy of the relevant entries in such roll. 1. subs. by act 27 of , s. 22, for section 39 w.e.f. . 2. subs. by the adaptation of laws no. 2 order, , for part c state. 3. subs. by act 40 of , s. 11, for tenth day w.e.f. . 4. subs. by act 47 of , s. 30, for the second day after w.e.f. . 5. subs. by s. 30, ibid., for the third day w.e.f. . 6. the explanation omitted by s. 30, ibid. w.e.f. . 7. subs. by act 58 of , s. 19, for section 34 w.e.f. . 8. ins. by act 1 of , s. 8 w.e.f. 9. ins. by act 47 of , s. 30 w.e.f. . 10. clause aa relettered as clause ab by act 1 of , s. 8 w.e.f. .

section 43.. of the representation of the people act : effect of default in appointment of election agent under section 42. omitted by the representation of the people second amendment act, 27 of, s 25 w.e.f. .

section 34. of the representation of the people act : 11 a candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited, a in the case of an election from a parliamentary constituency, 2a sum of twentyfive thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of twelve thousand five hundred rupees and b in the case of an election from an assembly or council constituency, 3a sum of ten thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of five thousand rupees: provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this subsection. 2 any sum required to be deposited under subsection 1 shall not be deemed to have been deposited under that subsection unless at the time of delivery of the nomination paper 4under subsection 1 or, as the case may be, subsection 1a of section 33 the candidate has either deposited or caused to be deposited that sum with the returning officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the reserve bank of india or in a government treasury. 1. subs. by act 21 of , s. 7, for subsection 1 w.e.f. . 2. subs. by act 41 of , s. 5, for certain words w.e.f. . 3. subs. by s. 5, ibid., for certain words w.e.f. . 4. subs. by act 10 of , s. 2 and the schedule for under subsection 1 of section 33 w.e.f. .

section 38. of the representation of the people act : show related subordinates 138. publication of list of contesting candidates.1 immediately after the expiry of the period within which candidatures may be withdrawn under subsection 1 of section 37, the returning officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates, that is to say, candidates who were included in the list of validity nominated candidates and who have not withdrawn their candidature within the said period. 22 for the purpose of listing the names under subsection 1, the candidates shall be classified as follows, namely: i candidates of recognised political parties ii candidates of registered political parties other than those mentioned in clause i iii other candidates. 3 the categories mentioned in subsection 2 shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed. 1. subs. by act 27 of , s. 21, for section 38 w.e.f. . 2. subs. by act 21 of , s. 8, for subsection 2 w.e.f. .

section 39a. of the representation of the people act : show related subordinates 139a. allocation of equitable sharing of time.1 notwithstanding anything contained in any other law for the time being in force, the election commission shall, on the basis of the past performance of a recognised political party, during elections, allocate equitable sharing of time on the cable television network and other electronic media in such manner as may be prescribed to display or propagate any election matter or to address public in connection with an election. 2 the allocation of equitable sharing of time under subsection 1, in respect of an election, shall be made after the publication of list of contesting candidates under section 38 for the election and shall be valid till fortyeight hours before the hour fixed for poll for such election. 3 the allocation of equitable sharing of time under subsection 1 shall be binding on all political parties concerned. 4 the election commission may, for the purposes of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct. explanation.for the purposes of this section, a electronic media includes radio and any other broadcasting media notified by the central government in the official gazette b cable television network and cable operator have the meanings respectively assigned to them under the cable television networks regulation act, 7 of . 1. ins. by act 46 of , s. 3 w.e.f. .

section 44.. of the representation of the people act : duty of the election agent to keep accounts. omitted by s. 25, ibid. w.e.f. .

section 46. of the representation of the people act : 146. appointment of polling agents.a contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 25 or at the place fixed under subsection 1 of section 29 for the poll. 1. subs. by s. 27, ibid., for s. 46 w.e.f. .

section 41. of the representation of the people act : 141. disqualification for being an election agent.any person who is for the time being disqualified under the constitution or under this act for being a member of either house of parliament or the house or either house of the legislature of a state or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election. 1. subs. by act 47 of , s. 31, for section 41 w.e.f. .

section 40. of the representation of the people act : show related subordinates 140. election agents.a candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the returning officer. 1. subs. by act 27 of , s. 23, for section 40 w.e.f. .

section 42. of the representation of the people act : show related subordinates 1 any revocation of the appointment of an election agent, 1 shall be signed by the candidate, and shall operate from the date on on which it is lodged with the returning officer. 22 in the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidates election expenses has been lodged in accordance with the provisions of section 78, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer. 1. the words whether he be the candidate himself or not omitted by act 27 of , s. 24 w.e.f. . 2. subs. by s. 24, ibid., for subsection 2 w.e.f. .

section 49. of the representation of the people act : 1 a polling agent may perform such functions in connection with the poll as are authorised by or under this act to be performed by a polling agent. 2 a counting agent may perform such functions in connection with the counting of votes as are authorised by or under this act to be performed by a counting agent

section 45. of the representation of the people act : 145. functions of election agents.an election agent may perform such functions in connection with the election as are authorised by or under this act to be performed by an election agent. 1. subs. by act 27 of , s. 26, for section 45 w.e.f. .

section 48. of the representation of the people act : show related subordinates 1 any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer as may be prescribed. 2 any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the returning officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes, the candidate or his election agent may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the returning officer.

section 47. of the representation of the people act : 147. appointment of counting agents.a contesting candidate or his election agent may appoint in in the prescribed manner one or more persons, but not exceeding such number as may be prescribed, to the present as his counting agent or agents at the counting of votes, and when any such appointment is made notice of the appointment shall be given in the prescribed manner to the returning officer. 1. subs. by s. 28, ibid., for section 47 w.e.f. .

section 50. of the representation of the people act : 1 at every election where a poll is taken, each 1contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 25 for the taking of the poll or at the place fixed under subsection 1 of section 29 for the poll. 2 a 1contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such 1contesting candidate if appointed, would have been authorised by or under this act to do, or may assist any polling agent or the counting agent of such 1contesting candidate in doing any such act or thing. 1. subs. by act 58 of , s. 20, for candidate w.e.f. .

section 52. of the representation of the people act : 152. death of a candidate of a recognised political party before poll.1 if a candidate, set up by a recognised political party, a dies at any time after 11.00 a.m. on the last date for making nominations and his nomination is found valid on scrutiny under section 36 or b whose nomination has been found valid on scrutiny under section 36 and who has not withdrawn his candidature under section 37, dies, and in either case, a report of his death is received at any time before the publication of the list of contesting candidates under section 38 or c dies as a contesting candidate and a report of his death is received before the commencement of the poll, the returning officer shall, upon being satisfied about the fact of the death of the candidate, by order, announce an adjournment of the poll to a date to be notified later and report the fact to the election commission and also to the appropriate authority: provided that no order for adjourning a poll should be made in a case referred to in clause a except after the scrutiny of all the nominations including the nomination of the deceased candidate. 2 the election commission shall, on the receipt of a report from the returning officer under subsection 1, call upon the recognised political party, whose candidate has died, to nominate another candidate for the said poll within seven days of issue of such notice to such recognised political party and the provisions of sections 30 to 37 shall, so far as may be, apply in relation to such nomination as they would apply to other nominations: provided that no person who has given a notice of withdrawal of his candidature under subsection 1 of section 37 before the adjournment of the poll shall be ineligible for being nominated as a candidate for the election after such adjournment. 3 where a list of contesting candidates had been published under section 38 before the adjournment of the poll under subsection 1, the returning officer shall again prepare and publish a fresh list of contesting candidates under that section so as to include the name of the candidate who has been validly nominated under subsection 2. explanation.for the purposes of this section, sections 33 and 38, recognised political party, means a political party reorganised by the election commission under the election symbols reservation and allotment order, . 1. subs. by act 21 of , s. 9, for section 52 w.e.f. .

section 57. of the representation of the people act : 1 if at an election the proceedings at any polling station provided under section 25 or at the place fixed under subsection 1 of section 29 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station or such place on account of any natural calamity, or any other sufficient cause, the presiding officer for such polling station or the returning officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by a presiding officer, he shall forthwith inform the returning officer concerned. 2 whenever a poll is adjourned under subsection 1, the returning officer shall immediately report the circumstances to the appropriate authority and the election commission, and shall, as soon as may be, with the previous approval of the election commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed. 3 in every such case as aforesaid the returning officer shall notify in such manner as the election commission may direct the date, place and hours of polling fixed under subsection 2.

section 51. of the representation of the people act : where any act or thing is required or authorised by or under this act to be done in the presence of the polling or counting agents, the nonattendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

section 53. of the representation of the people act : show related subordinates 11 if the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken. 2 if the number of such candidates is equal to the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be duly elected to fill those seats. 3 if the number of such candidates is less than the number of seats to be filled, the returning officer shall forthwith declare all such candidates to be elected and the 2election commission shall, by notification in the official gazette, call upon the constituency or the elected members or the members of the state legislative assembly or the members of the electoral college concerned 3 as the case may be, to elect a person or persons to fill the remaining seat or seats 4: provided that where the constituency or the elected members or the members of the state legislative assembly or the members of the electoral college 3 having already been called upon under this subsection, has or have failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the 2election commission shall not be bound to call again upon the consituency, or such members to elect a person or persons 5until it is satisfied that if called upon again, there will be no such failure on the part of the constituency of such members. 1. subs. by act 27 of , s. 30, for subsection 1 w.e.f. . 2. subs. by s. 30, ibid., for appropriate authority w.e.f. . 3. the words or the elected members of the coorg legislative council omitted by act 49 of , s. 44 and the fifth schedule w.e.f. . 4. certain words omitted by act 27 of , s. 30 w.e.f. . 5. subs. by s. 30, ibid., for until such date as the election commission may specify in this behalf w.e.f.

section 54.. of the representation of the people act : special procedure at elections in constituencies where seats are reserved for scheduled castes or scheduled tribes. omitted by the representation of the people amendment act, 40 of , s. 12 w.e.f. .

section 55. of the representation of the people act : for the avoidance of doubt it is hereby declared that a member of the scheduled castes or of the scheduled tribes shall not be disqualified to hold a seat not reserved for members of those castes or tribes, if he is otherwise qualified to hold such seats under the constitution and this act 1or under the government of union territories act, 20 of , as the case may be. 1. subs. by s. 32, ibid., for certain words w.e.f. .

section 60. of the representation of the people act : show related subordinates 160. special prodecure for voting by certain classes of persons.without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this act, for enabling, a any of the persons as is referred to in clause a or clause b of subsection 8 of section 20 of the representation of the people act, 43 of hereinafter in this section referred to as the act to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken b any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely: i any person as is referred to in clause c or clause d of subsection 8 of section 20 of the act ii the 2spouse of any such person to whom the provisions of subsection 3 of section 20 of the act apply and such 2spouse being ordinarily residing with that person in terms of subsection 6 of that section c any person belonging to a class of persons notified by the election commission in consultation with the government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules d any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules. 1. subs. by act 24 of , s. 3, for section 60 w.e.f. . 2. subs. by act 49 of , s. 6, for wife w.e.f. .

section 59. of the representation of the people act : at every election where a poll is taken votes shall be given by ballot in such manner as may be prescribed, 1and, save as expressly provided by this act, no votes shall be received by proxy: 2provided that the votes at every election to fill a seat or seats in the council of states shall be given by open ballot. 1. subs. by act 24 of , s. 2, for and no votes shall be received by proxy w.e.f. . 2. ins. by act 40 of , s. 3 w.e.f. .

section 56. of the representation of the people act : the 1election commission shall fix the hours during which the poll will be taken and the hours so fixed shall be published in such manner as may be prescribed: provided that the total period allotted on any one day for polling at an election in 2a parliamentary or assembly constituency shall not be less than eight hours. 1. subs. by act 27 of , s. 34, for appropriate authority w.e.f. . 2. subs. by act 58 of , s. 23, for a constituency w.e.f. .

section 55a.. of the representation of the people act : retirement from contest at elections in parliamentary and assembly constituencies. omitted by the representation of the people amendment act, 58 of , s. 22 w.e.f. .

section 58., of ballot boxes. of the representation of the people act : 1fresh poll in the case of destruction, etc., of ballot boxes.1 if at any election, a any ballot box used at a polling station or at a place fixed for the poll is unlawfully taken out of the custody of the presiding officer or the returning officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained or 2aa any voting machine develops a mechanical failure during the course of the recording of votes or b any such error or irregularity in procedure as is likely to vitiate the poll is committed at apolling station or at a place fixed for the poll, the returning officer shall forthwith report the matter to the election commission. 2 thereupon the election commission shall, after taking all material circumstances into account either a declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit, or b if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that 1the mechanical failure of the voting machine or the error or irregularity in procedure is not material, issue such directions to the returning officer as it may deem proper for the further conduct and completion of the election. 3 the provisions of this act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll. 1. subs. by act 40 of , s. 13, for section 58 w.e.f. . 2. ins. by act 1 of , s. 9 w.e.f. .

section 61. of the representation of the people act : 161. special procedure for preventing personation of electors.with a view to preventing personation of electors provision may be made by rules made under this act: a for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him b for the production before the presiding officer or a polling officer of a polling station by every such elector as aforesaid of identity card before the delivery of a ballot paper or ballot papers to him if under rules made in that behalf under the representation of the people act, 43 of , electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respecting photographs attached thereto and c for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the presiding officer or a polling officer of the polling station. 1. subs. by act 58 of , s. 25, for section 61 w.e.f. .

section 58a. of the representation of the people act : 1adjournment of poll or countermanding of election on the ground of booth caputring.1 if at any election, a booth capturing has taken place at a polling station or at a place fixed for the poll hereafter in this section referred to as a place in such a manner that the result of the poll at that polling station or place cannot be ascertained or b booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the election commission. 2 the election commission shall, on the receipt of a report from the returning officer under subsection 1 and after taking all material circumstances into account, either a declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit or b if satisfied that in view of the large number of polling stations or places involved in booth capturing the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the result of the election, countermand the election in that constituency. explanation.in this section, booth capturing shall have the same meaning as in section 135a. 1. ins. by s. 10, ibid. w.e.f. .

section 63.. of the representation of the people act : method of voting. omitted by the representation of the people amendment act, 40 of , s. 14 w.e.f. .

section 61a. of the representation of the people act : 161a. voting machines at elections.notwithstanding anything contained in this act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the election commission may, having regard to the circumstances of each case, specify. explanation.for the purpose of this section, voting machine means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election. 1. ins. by act 1 of , s. 11 w.e.f. .

section 62. of the representation of the people act : 1 no person who is not, and except as expressly provided by this act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency. 2 no person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the representation of the people act, 43 of . 3 no person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void. 4 no person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void. 5 no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: provided that nothing in this subsection shall apply to a person subjected to preventive detention under any law for the time being in force. 1provided further that by reason of the prohibition to vote under this subsection, a person whose name has been entered in the electoral roll shall not cease to be an elector. 26 nothing contained in subsections 3 and 4 shall apply to a person who has been authorised to vote as proxy for an elector under this act in so far as he votes as a proxy for such elector. 1. ins. by act 29 of , s. 3 w.e.f. . 2. ins. by act 24 of , s. 4 w.e.f. .

section 65. of the representation of the people act : show related subordinates if, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

section 66. of the representation of the people act : show related subordinates when the counting of the votes has been completed, the returning officer 1shall, in the absence of any direction by the election commission to the contrary, forthwith declare the result of the election in the manner provided by this act or the rules made thereunder. 1. subs. by act 47 of , s. 35, for shall forthwith declare w.e.f. .

section 64. of the representation of the people act : at every election where a poll is taken, votes shall be counted by, or under the 1supervision and direction of, the returning officer, and each 2 contesting candidate, his election agent and his 3counting agents, shall have a right to be present at the time of counting. 1. subs. by act 27 of , s. 36, for supervision w.e.f. . 2. subs. by act 58 of , s. 26, for candidate w.e.f. . 3. subs. by act 27 of , s. 36, for counting agent w.e.f. .

section 67a. of the representation of the people act : show related subordinates 167a. date of election of candidate.for the purposes of this act, the date on which a candidate is declared by the returning officer under the provisions of section 53, 2, 3, or section 66, to be elected to a house of parliament or of the legislature of a state 4 shall be the date of election of that candidate. 1. ins. by act 27 of , s. 37 w.e.f. . 2. the word and figures section 54 omitted by act 40 of , s. 15 w.e.f. . 3. the word, figures and letter section 55a omitted by act 58 of , s. 27 w.e.f. . 4. certain words omitted by act 103 of , s. 66 w.e.f. ,

section 64a., of ballot papers at the time of counting. of the representation of the people act : 164a. destruction, loss, etc., of ballot papers at the time of counting.1 if at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the returning officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the returning officer shall forthwith report the matter to the election commission. 2 thereupon, the election commission shall, after taking all material circumstances into account, either a direct that the counting of votes shall be stopped, declare the poll at that polling station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or b if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the returning officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted. 3 the provisions of this act and of any rules or orders made thereunder shall apply to every such fresh poll as they apply to the original poll. 1. ins. by act 47 of , s. 34 w.e.f. .

section 67. of the representation of the people act : as soon as may be after the result of an election has been declared, the returning officer shall report the result to the appropriate authority and the election commission, and in the case of an election to a house of parliament or of the legislature of a state also to the secretary of that house, and the appropriate authority shall cause to be published in the official gazette the declarations containing the names of the elected candidates.

section 68. of the representation of the people act : 1 any person who is chosen a member of both the houses of the people and the council of states and who has not taken his seat in either house may, by notice in writing signed by him and delivered to the secretary to the election commission 1within ten days from the date, or the later of the dates, on which he is so chosen, intimate in which of the houses he wishes to serve, and thereupon, his seat in the house in which he does not wish to serve shall become vacant. 2 in default of such intimation within the aforesaid period, his seat in the council of states shall, at the expiration of that period, become vacant. 3 any intimation given under subsection 1 shall be final and irrevocable. 24 for the purposes of this section and of section 69, the date on which a person is chosen to be a member of either house of parliament shall be in the case of an elected member, the date of his election and in the case of a nominated member, the date of first publication in the gazette of india of his nomination. 1. subs. by act 27 of , s. 38, for certain words w.e.f. . 2. ins. by s. 38, ibid. w.e.f. .

section 69. of the representation of the people act : 1 if a person who is already a member of the house of the people and has taken his seat in such house is chosen a member of the council of states, his seat in the house of the people shall, 1on the date on which he is so chosen, become vacant. 2 if a person who is already a member of the council of states and has taken his seat in such council is chosen a member of the house of the people, his seat in the council of states shall, 1on the date on which he is so chosen, become vacant. 1. subs. by s. 39, ibid., for certain words w.e.f. .

section 75a. of the representation of the people act : 11 every elected candidate for a house of parliament shall, within ninety days from the date on which he makes and subscribes an oath or affirmation, according to the form set out for the purpose in the third schedule to the constitution, for taking his seat in either house of parliament, furnish the information, relating to i the movable and immovable property of which he, his spouse and his dependant children are jointly or severally owners or beneficiaries ii his liabilities to any public financial institution and iii his liabilities to the central government or the state government, to the chairman of the council of states or the speaker of the house of the people, as the case may be. 2 the information under subsection 1 shall be furnished in such form and in such manner as may be prescribed in the rules made under subsection 3. 3 the chairman of the council of states or the speaker of the house of the people, as the case may be, may make rules for the purposes of subsection 2. 4 the rules made by the chairman of the council of states or the speaker of the house of the people, under subsection 3 shall be laid, as soon as may be after they are made, before the council of states or the house of the people, as the case may be, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the council of states or the house of the people and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect. 5 the chairman of the council of states or the speaker of the house of the people, as the case may be, may direct that any wilful contravention of the rules made under subsection 3 by an elected candidate for a house of parliament referred to in subsection 1 may be dealt with in the same manner as a breach of privilege of the council of states or the house of the people, as the case may be. explanation.for the purposes of this section, i immovable property means the land and includes any building or other structure attached to the land or permanently fastened to anything which is attached to the land ii movable property means any other property which is not the immovable property and includes corporeal and incorporeal property of every description iii public financial institution means a public financial institution within the meaning of section 4a of the companies act, 1 of and includes bank iv bank referred to in clause iii means a state bank of india constituted under section 3 of the state bank of india act, 23 of b subsidiary bank having the meaning assigned to it in clause k of section 2 of the state bank of india subsidiary banks act, 38 of c regional rural bank established under section 3 of the regional rural banks act, 21 of d corresponding new bank having the meaning assigned to it in clause da of section 5 of the banking regulation act, 10 of and e cooperative bank having the meaning assigned to it in clause cci of section 5 of the banking regulation act, 10 of as modified by subclause i of clause c of section 56 of that act and v dependant children means sons and daughters who have no separate means of earning and are wholly dependant on the elected candidate referred to in subsection 1 for their livelihood. 1. ins. by act 72 of , s. 4 w.e.f. .

section 70. of the representation of the people act : if a person is elected to more than one seat in either house of parliament or in the house or either house of the legislature of a state, then, unless within the prescribed time he resigns all but one of the seats 1by writing under his hand addressed to the speaker or chairman, as the case may be, or to such other authority or officer as may be prescribed, all the seats shall become vacant. 1. ins. by act 27 of , s. 40 w.e.f. .

section 71. of the representation of the people act : 171. publication of results of elections to the council of states and of names of persons nominated by the president.after the elections held in any year in pursuance of the notifications issued under section 12, there shall be notified by the appropriate authority in the official gazette the names of members elected by the elected members of the legislative assemblies of the states and by the members of the electoral colleges for the various 2union territories at the said elections together with the the name of any persons nominated by the president to the council of states under subclause a of clause 1 of article 80 or under any other provisions. 1. subs. by s. 41, ibid., for sections 71 to 75 w.e.f. . 2. subs. by the adaptation of laws no. 2 order, , for part c states.

section 72.. of the representation of the people act : publication of results of elections for the reconstitution of electoral colleges for certain union territories. omitted by the territorial councils act, of , s. 66 w.e.f. .

section 76. of the representation of the people act : 176. application of chapter.this chapter shall apply only to the elections to the house of the people and to the legislative assembly of a state. 1. subs. by act 27 of , s. 42, for sections 76 to 78 w.e.f. .

section 73. of the representation of the people act : where a general election is held for the purpose of constituting a new house of the people or a new state legislative assembly, there shall be notified by 1 the election commission in the official gazette, as soon as may be after 2the results of the elections in all the constituencies other than those in which the poll could not be taken for any reason on the date originally fixed under clause d of section 30 or for which the time for completion of the election has been extended under the provisions of section 153 have been declared by the returning officer under the provisions of section 53 or, as the case may be, section 66, the names of the members elected for those constituencies 3 and upon the issue of such notification that house or assembly shall be deemed to be duly constituted: provided that the issue of such notification shall not be deemed 4a to preclude i the taking of the poll and the completion of the election in any parliamentary or assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause d of section 30 or ii the completion of the election in any parliamentary or assembly constituency or constituencies for which time has been extended under the provisions of section 153 or b to affect the duration of the house of the people or the state legislative assembly, if any, functioning immediately before the issue of the said notification. 1. subs. by act 40 of , s. 16, for the appropriate authority w.e.f. . 2. subs. by act 10 of , s. 2, for certain words w.e.f. . 3. certain words omitted by act 40 of , s. 16 w.e.f. . 4. subs. by act 10 of , s. 2, for clause a w.e.f. .

section 73a. of the representation of the people act : 173a. special provision as to certain elections.notwithstanding anything contained in section 73 or in any other provision of this act, with respect to the general election for the purpose of constituting a new house of the people upon dissolution of the ninth house of the people, a the notification under section 73 may be issued without taking into account the parliamentary constituencies in the state of jammu and kashmir and b the election commission may take the steps in relation to elections from the parliamentary constituencies in the state of jammu and kashmir separately and in such manner and on such date or dates as it may deem appropriate. 1. subs. by act 31 of , s. 2, for sections 73a and 73aa w.e.f. .

section 74. of the representation of the people act : after the elections held 1in pursuance of the notifications issued under section 15a or in any year in pursuance of the notifications issued under section 16, there shall be notified by the appropriate authority in the official gazette the names of the members elected for the various council constituencies and by the members or the legislative assembly of the state at the said elections together with the names of any persons nominated by the governor 2 under subclause e of of clause 3 of article 171. 1. ins. by act 37 of , s. 13 w.e.f. . 2. the words or rajpramukha, as the case may be omitted by the adaptation of laws no.2 order, .

section 77. of the representation of the people act : show related subordinates 1 every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between 1the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive. 2explanation 1.for the removal of doubts, it is hereby declared that a the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this subsection b any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the government and belonging to any of the classes mentioned in clause 7 of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purposes of this subsection. explanation 2.for the purposes of clause a of explanation 1, the expression leaders of a political party, in respect of any election, means, i where such political party is a recognised political party, such persons not exceeding forty in number, and ii where such political party is other than a recognised political party, such persons not exceeding twenty in number, whose names have been communicated to the election commission and the chief electoral officers of the states by the political party to be leaders for the purposes of such election, within a period of seven days from the date of the notification for such election published in the gazette of india or official gazette of the state, as the case may be, under this act: provided that a political party may, in the case where any of the persons referred to in clause i or, as the case may be, in clause ii dies or ceases to be a member of such political party, by further communication to the election commission and the chief electoral officers of the states, substitute new name, during the period ending immediately before fortyeight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place. 2 the account shall contain such particulars, as may be prescribed. 3 the total of the said expenditure shall not exceed such amount as may be prescribed. 1. subs. by act 40 of , s. 6, for certain words w.r.e.f. . 2. subs. by act 46 of , s. 4, for the explanation w.e.f. .

section 82. of the representation of the people act : 1parties to the petition.a petitioner shall join as respondents to his petition a where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates and b any other candidate against whom allegations of any corrupt practice are made in the petition. 1. subs. by act 27 of , s. 45, for section 82 w.e.f. .

section 78. of the representation of the people act : show related subordinates 11 every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the 2district election officer an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 77. 3 1. section 78 renumbered as subsection 1 of that section by act 47 of , s. 36 w.e.f. . 2. subs. by s. 36, ibid., for returning officer w.e.f. . 3. omitted by act 2 of , s. 3 w.e.f. .

section 78b. of the representation of the people act : 1 the election commission shall, at any time between the date of publication of the notification calling the election for the purposes of constituting the house of the people or the legislative assembly of a state and the date on which the poll is to be taken, supply or cause to be supplied, such items as the central government may, by order, determine in consultation with the election commission, to the electors in the constituencies concerned or to the candidates set up by the recognised political parties. 2 where the election commission supplies the items to the candidates under subsection 1, the central government may, in consultation with the election commission, impose conditions with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77. explanation.for the purposes of section 39a, this chapter and clause hh of subsection 2 of section 169, the expression recognised political party, has the meaning assigned to it in the election symbols reservation and allotment order, .

section 81. of the representation of the people act : 1 an election petition calling in question any election may be presented on one or more of the grounds specified in 1subsection 1 of section 100 and section 101 to the 2high court by any candidate at such election or any elector 3within fortyfive days from, but not earlier than, the date of election of the returned candidate, or if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates. explanation.in this subsection, elector means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not. 4 53 every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition 6 and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. 1. subs. by act 27 of , s. 44, for subsections 1 and 2 w.e.f. . 2. subs. by act 47 of , s. 39, for election commission w.e.f. . 3. subs. by act 27 of , s. 44, for certain words w.e.f. . 4. subsection 2 omitted by act 47 of , s. 39 w.e.f. . 5. ins. by act 40 of , s. 17 w.e.f. . 6. certain words omitted by act 47 of , s. 39 w.e.f. .

section 80. of the representation of the people act : no election shall be called in question except by an election petition presented in accordance with the provisions of this part.

section 83. of the representation of the people act : show related subordinates 183. contents of petition.1 an election petition. a shall contain a concise statement of the material facts on which the petitioner relies b shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice and c shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 5 of for the verification of pleadings: 2provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. 2 any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 1. subs. by s. 46, ibid., for section 83 w.e.f. . 2. ins. by act 40 of , s. 18 w.e.f. .

section 78a. of the representation of the people act : 11 the government shall, at any election to be held for the purposes of constituting the house of the people or the legislative assembly of a state, supply, free of cost, to the candidates of recognsied political parties such number of copies of the electoral roll, as finally published under the representation of the people act, 43 of and such other material as may be prescribed. 2 the material referred to in subsection 1 shall be supplied, i subject to such conditions as may be imposed by the central government in consultation with the election commission with respect to the reduction of the maximum expenditure which may be incurred by the candidate under section 77 and ii through such officers as may be specified by the election commission who shall act in accordance with such general or special directions as may be given by the election commission. 1. ins. by act 46 of , s. 5 w.e.f. .

section 80a. of the representation of the people act : 180a. high court to try election petitions.1 the court having jurisdiction to try an election petition shall be the high court. 2 such jurisdiction shall be exercised ordinarily by a single judge of the high court and the chief justice, shall, from time to time, assign one or more judges for that purpose: provided that where the high court consists only of one judge, he shall try all election petitions presented to that court. 3 the high court in its discretion may, in the interests of justice or convenience, try an election petition, wholly or partly, at a place other than the place of seat of the high court. 1. ins. by s. 38, ibid. w.e.f. .

section 79. of the representation of the people act : in this part and in 1part vii unless the context otherwise requires, 2a any reference to a high court or to the chief justice or judge of a high court shall, in relation to a union territory having a court of the judicial commissioner, be construed as a reference to the said court of the judicial commissioner or to the judicial commissioner or any additional judicial commissioner, as the case may be 3b candidate means a person who has been or claims to have been duly nominated as a candidate at any election c costs means all costs, charges and expenses of, or incidental to, a trial of an election petition d electoral right means the right of a person to stand or not to stand as, or 4to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election 5e high court means the high court within the local limits of whose jurisdiction the election to which the election petition relates has been held f returned candidate means a candidate whose name has been published under section 67 as duly elected. 1. subs. by act 47 of , s. 37, for parts vii and viii w.e.f. . 2. ins. by s. 37, ibid. w.e.f. . 3. subs. by act 40 of , s. 7, for clause b w.e.f. . 4. subs. by act 47 of , s. 37, for to withdraw w.e.f. . 5. subs. by s. 37, ibid., for clause e w.e.f. .

section 94. of the representation of the people act : no witness or other person shall be required to state for whom he has voted at an election: 1provided that this section shall not apply to such witness or other person where he has voted by open ballot. 1. ins. by act 40 of , s. 4 w.e.f. .

section 84. of the representation of the people act : 184. relief that may be claimed by the petitioner.a petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected. 1. subs. by act 27 of , s. 47, for section 84 w.e.f. .

section 95. of the representation of the people act : 1 no witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture: provided that a a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from 1the high court and b an answer given by a witness to a question put by or before 1the high court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding. 2 when a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under chapter ixa of the indian penal code 45 of , or part vii of this act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this act or any other law. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. .

section 85.. of the representation of the people act : procedure on receiving petition. omitted by representation of the people amendment act, 47 of , s. 40 w.e.f. .

section 96. of the representation of the people act : the reasonable expenses incurred by any person in attending to give evidence may be allowed by 1the high court to such person and shall, unless 1the high court otherwise directs, be deemed to be part of the costs. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. .

section 86. of the representation of the people act : 11 the high court shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117. explanation.an order of the high court dismissing an election petition under this subsection shall be deemed to be an order made under clause a of section 98. 2 as soon as may be after an election petition has been presented to the high court, it shall be referred to the judge or one of the judges who has or have been assigned by the chief justice for the trial of election petitions under subsection 2 of section 80a. 3 where more election petitions than one are presented to the high court in respect of the same election, all of them shall be referred for trial to the same judge who may, in his discretion, try them separately or in one or more groups. 4 any candidate not already a respondent shall, upon application made by him to the high court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the high court, be entitled to be joined as a respondent. explanation.for the purposes of this subsection and of section 97, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the high court and answer the claim or claims made in the petition. 5 the high court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. 6 the trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion, unless the high court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. 7 every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the high court for trial. 1. subs. by act 47 of , s. 41, for sections 86 to 92 w.e.f. .

section 87. of the representation of the people act : 1 subject to the provisions of this act and of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 5 of to the trial of suits: provided that the high court shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings. 2 the provisions of the indian evidence act, 1 of , shall, subject to the provisions of this act, be deemed to apply in all respects to the trial of an election petition.

section 93. of the representation of the people act : notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

section 97. of the representation of the people act : 1 when in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election: provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 2commencement of the trial, given notice to 1the high court of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively. 2 every notice referred to in subsection 1 shall be accompanied by the statement and 3 particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. . 2. subs. by act 27 of , s. 52, for the publication of the election petition under section 90 w.e.f. . 3. the words list of omitted by s. 52, ibid. w.e.f. .

section 103. of the representation of the people act : 1103. communication of orders of the high court the high court shall, as soon as may be after the conclusion of the trial of an election petition, intimate the substance of the decision to the election commission and the speaker or chairman, as the case may be, of the house of parliament or of the state legislature concerned and, as soon as may be thereafter, shall send to the election commission an authenticated copy of the decision. 1. subs. by act 47 of , s. 43, for s. 103 w.e.f. .

section 99. of the representation of the people act : other orders to be made by 1the high court.1 at the time of making an order under section 98 1the high court shall also make an order 2a where any charge is made in the petition of any corrupt practice having been committed at the election, recording i finding whether any corrupt practice has or has not been proved to have been committed 3 at the election, and the nature of that corrupt practice and ii the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice and b fixing the total amount of cost payable, and specifying the persons by and to whom costs shall be paid: provided that 4a person who is not a party to the petition shall not be named in the order under subclause ii of clause a unless a he has been given notice to appear before 1the high court and to show cause why he should not be so named and b if he appears in pursuance of the notice, he has been given an opportunity of crossexamining any witness who has already been examined by 1the high court and has given evidence against him, of calling evidence in his defence and of being heard. 52 in this section and in section 100, the expression agent has the same meaning as in section 123. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. . 2. subs. by s. 54, ibid., for clause a w.e.f. . 3. certain words omitted by act 58 of , s. 29 w.e.f. . 4. subs. by act 27 of , s. 54, for no person shall be named w.e.f. . 5. subs. by act 27 of , s. 54, for subsection 2 w.e.f. .

section 98. of the representation of the people act : 98. decision of the high court.1the high court.1 at the conclusion of the trial of an election petition 1the high court shall make an order. a dismissing the election petition or b declaring the election of 2all or any of the returned candidates to be void or c declaring the election of 2all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. 3 4 1,. subs. by act 47 of , s. 42, for the tribunal w.e.f. . 2. subs. by s. 53, ibid., for the returned candidate w.e.f. . 3. the word or omitted by s. 53, ibid. w.e.f. . 4. omitted by s. 53, ibid. w.e.f. . 5. subs. by s. 54, ibid., for clause a w.e.f. . 6. certain words omitted by act 58 of , s. 29 w.e.f. .

section 101. of the representation of the people act : if any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and 1 the high court is of opinion a that in fact the petitioner or such other candidate received a majority of the valid votes or b that but for the votes obtained by the returned candidate by corrupt 2 practices the petitioner or such other candidate would have obtained a majority of the valid votes, 1 the high court shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. . . the words or illegal omitted by act 27 of , s. 56 w.e.f. .

section 100. of the representation of the people act : 1 1 subject to the provisions of subsection 2 of 2 the high court is of opinion a that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the constitution or this act 3 or the government of union territories act, 20 of or b that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent or c that any nomination has been improperly rejected or d that the result of the election, in so far as it concerns a returned candidate, has been materially affected i by the improper acceptance or any nomination, or ii by any corrupt practice committed in the interests of the returned candidate 4 by an agent other than his election agent, or iii by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or iv by any noncompliance with the provisions of the constitution or of this act or of any rules or orders made under this act, 2 the high court shall declare the election of the returned candidate to be void. 5 2 if in the opinion of 2 the high court, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice 6 but 2 the high court is satisfied a that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and 7 without the consent, of the candidate or his election agent 8 c that the candidate and his election agent took all reasonable means for preventing the commission of corrupt 9 practices at the election and d that in all other respects the election was free from any corrupt 9 practice on the part of the candidate or any of his agents, then 2 the high court may decide that the election of the returned candidate is not void. 1. subs. by s. 55, ibid., for subsections 1 and 2 w.e.f. . 2. subs. by act 47 of , s. 42, for the tribunal w.e.f. . 3. ins. by act 20 of , s. 57 and the second schedule w.e.f. . 4. subs. by act 58 of , s. 30, for certain words w.e.f. . 5. subsection 3 renumbered as subsection 2 by act 27 of , s. 55 w.e.f. . 6. the words and figures specified in section 123 omitted by s. 55, ibid. w.e.f. . 7. clause b omitted by act 58 of , s. 30 w.e.f. . 8. subs. by s. 55, ibid., for without the sanction or connivance w.e.f. . 9. the words or illegal omitted by act 27 of , s. 55 w.e.f. .

section 105.. of the representation of the people act : orders of the tribunal to be final and conclusive. omitted by s. 58, ibid. w.e.f. .

section 102. of the representation of the people act : if during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then a any decision made by the returning officer under the provisions of this act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition and b in so far as that question is not determined by such a decision 1 the high court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. .

section 106., and its publication. of the representation of the people act : as soon as may be after the receipt of any order made by 1 the high court under section 98 or section 99, the election commission shall forward copies of the order to the appropriate authority and, in the case where such order relates to an election 2 to a house of parliament or to an election to the house or a house of the legislature of a state, also to the speaker or chairman, as the case may be, of the house concerned and 3 shall cause the order to be published a where the order relates to an election to a house of parliament, in the gazette of india as well as in the official gazette of the state concerned and b where the order relates to an election to the house or a house of the legislature of the state, in the official gazette of the state. 1. subs. by act 47 of , s. 42, for the tribunal w.e.f. . 2. the brackets and words other than a primary election omitted by act 27 of , s. 59 w.e.f. . 3. subs. by s. 59, ibid., for certain words w.e.f. .

section 108.. of the representation of the people act : withdrawal of petitions before appointment of tribunal. omitted by the representation of the people amendment act, 47 of , s. 45 w.e.f. .

section 104.. of the representation of the people act : difference of opinion among the members of the tribunal. omitted by the representation of the people second amendment act, 27 of , s. 57 w.e.f. .

section 107. of the representation of the people act : 1107. effect of orders of the high court 2 1 subject to the provisions contained in chapter iva relating to the stay of operation of an order of the high court under section 98 or section 99, every such order shall take effect as soon as it is pronounced by the high court. 2 where by an order under section 98 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of parliament or as a member of the legislature of a state shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation. 1. subs. by act 47 of , s. 60, for section 107 w.e.f. . 2. subs. by s. 44, ibid., for subsection 1 w.e.f. .

section 109. of the representation of the people act : 1109. withdrawal of election petitions.1 an election petition may be withdrawn only by leave of the high court. 2 where an application for withdrawal is made under subsection 1, notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition and shall be published in the official gazette. 1. subs. by act 47 of , s. 46, for sections 109 and 110 w.e.f. .

section 117. of the representation of the people act : 1117. security for costs.1 at the time of presenting an election petition, the petitioner shall deposit in the high court in accordance with the rules of the high court a sum of two thousand rupees as security for the costs of the petition. 2 during the course of the trial of an election petition, the high court may, at any time, call upon the petitioner to give such further security for costs as it may direct. 1. subs. by act 47 of , s. 51, for sections 117, 118, 119, 119a and 120 w.e.f.

section 110. of the representation of the people act : 1 if there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners. 2 no application for withdrawal shall be granted if, in the opinion of the high court, such application has been induced by any bargain or consideration which ought not to be allowed. 3 if the application is granted a the petitioner shall be ordered to pay the costs of the respondents there to incurred or such portion thereof as the high court may think fit b the high court shall direct that the notice of withdrawal shall be published in the official gazette and in such other manner as it may specify and thereupon the notice shall be published accordingly c a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the high court may deem fit.

section 111. of the representation of the people act : when an application for withdrawal is granted by 1 the high court and no person has been substituted as petitioner under clause c of subsection 3 of section 110, in place of the party withdrawing, 1 the high court shall report the fact to the election commission 2 and thereupon the election commission shall publish the report in the official gazette. 1. subs. by s. 47, ibid., for the tribunal w.e.f. . 2. ins. by act 27 of , s. 61 w.e.f. .

section 112. of the representation of the people act : 1112. abatement of election petitions.1 an election petition shall abate only on the death or a sole petitioner or of the survivor of several petition. 2 where an election petition abates under subsection 1, the high court shall cause the fact to be published in such manner as it may deem fit. 3 any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the high court may deem fit. 1. subs. by act 47 of , s. 48, for sections 112 to 115 w.e.f. .

section 116. of the representation of the people act : if before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, 1 the high court shall cause notice of such event to be published in the official gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as 1 the high court may think fit. 1. subs. by act 47 of , s. 49, for the tribunal w.e.f. .

section 116c. of the representation of the people act : 1 subject to the provisions of this act and of the rules, if any, made thereunder, every appeal shall be heard and determined by the supreme court as nearly as may be in accordance with the procedure applicable to the hearing and determination of an appeal from any final order passed by a high court in the exercise of its original civil jurisdiction and all the provisions of the code of civil procedure, 5 of , and the rules of the court, including provisions as to the furnishing of security and the execution of any order of the court shall, so far as may be, apply in relation to such appeal. 2 as soon as an appeal is decided, the supreme court shall intimate the substance of the decision to the election commission and the speaker or chairman, as the case may be, of the house of parliament or of the state legislature concerned and as soon as may be thereafter shall send to the election commission an authenticated copy of the decision and upon its receipt, the election commission shall a forward copies thereof to the authorities to which copies of the order of the high court were forwarded under section 160 and b cause the decision to be published in the gazette or gazettes in which that order was published under the said section.

section 116a. of the representation of the people act : 1 , 2116a. appeals to supreme court1 notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the supreme court on any question whether of law or fact from every order made by a high court under section 98 or section 99. 2 every appeal under this chapter shall be preferred within a period of thirty days from the date of the order of the high court under section 98 or section 99: provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period. 1. ins. by act 27 of , s. 62 w.e.f. . 2. subs. by act 47 of , s. 50, for sections 116a and 116b w.e.f. .

section 116b. of the representation of the people act : 1 an application may be made to the high court for stay of operation of an order made by the high court under section 98 or section 99 before the expiration of the time allowed for appealing therefrom and the high court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order but no application for stay shall be made to the high court after an appeal has been preferred to the supreme court. 2 where an appeal has been preferred against an order made under section 98 or section 99, the supreme court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from. 3 when the operation of an order is stayed by the high court or, as the case may be, the supreme court, the order shall be deemed never to have taken effect under subsection 1 of section 107 and a copy of the stay order shall immediately be sent by the high court or, as the case may be, the supreme court, to the election commission and the speaker or chairman, as the case may be, of the house of parliament or of the state legislature concerned.

section 118. of the representation of the people act : no person shall be entitled to be joined as a respondent under subsection 4 of section 86 unless he has given such security for costs as the high court may direct.

section 119. of the representation of the people act : costs shall be in the discretion of the high court: provided that where a petition is dismissed under clause a of section 98, the returned candidate shall be entitled to the costs incurred by him in contesting the petition and accordingly the high court shall make an order for costs in favour of the returned candidate.

section 121. of the representation of the people act : 1 if in any order as to costs under the provisions of this part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this part, on an application made in writing in that behalf 1 within a period of one year, from the date of such order to 2 the high court by the person in whose favour the costs have been awarded. 2 if there is any balance left of any of the said security deposits after payment under subsection 1 of the costs referred to in that subsection, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of 3 one year the whole of the said security deposits may, on an application made in that behalf in writing to 2 the high court by the person by whom the deposits have been made, or if such person dies after making such deposits by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be. 1. subs. by act 58 of , s. 34, for certain words w.e.f. . 2. subs. by act 47 of , s. 52, for the election commission w.e.f. . 3. subs. by act 58 of , s. 34, for six months w.e.f. .

section 122. of the representation of the people act : any order as to costs under the provisions of this part may be produced before the principal civil court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within a presidencytown, before the court of small causes having jurisdiction there, and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit: provided that where any such costs or any portion thereof may be recovered by an application made under subsection 1 of section 121, no application shall lie under this section 1 within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that subsection owing to the insufficiency of the amount of the security deposits referred to in that subsection. 251. subs. by s. 35, ibid., for certain words w.e.f. .

section 123. of the representation of the people act : 1 , 2the following shall be deemed to be corrupt practices for the purposes of this act: 3 1 bribery that is to say, a any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing a a person to stand or not to stand as, or 4 to withdraw or not to withdraw from being a candidate at an election, or b an elector to vote or refrain from voting at an election, or as a reward to i a person for having so stood or not stood, or for 5 having withdrawn or not having withdrawn his candidature or ii an elector for having voted or refrained from voting b the receipt of, or agreement to receive, any gratification, whether as a motive or a reward a by a person for standing or not standing as, or for 6 withdrawing or not withdrawing from being, a candidate or b by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate 4 to withdraw or not to withdraw his candidature. explanation.for the purposes of this clause the term gratification is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78. 2 undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7 with the consent of the candidate or his election agent, with the free exercise of any electoral right: provided that a without prejudice to the generality of the provisions of this clause any such person as is referred to therein who i the reatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community or ii induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause b a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. 83 the appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 9provided that no symbol allotted under this act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause. 3a the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of india on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. 103b the propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. explanation.for the purposes of this clause, sati and glorification in relation to sati shall have the meanings respectively assigned to them in the commission of sati prevention act, 3 of . 4 the publication by a candidate or his agent or by any other person 11 with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 12 of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidates election. 5 the hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate or his agent or by any other person 11 with the consent of a candidate or his election agent 13 or the use of such vehicles or vessel for the free conveyance of any elector other than the candidate himself, the members of his family or his agent to or from any polling station provided under section 25 or a place fixed under subsection 1 of section 29 for the poll: provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. explanation.in this clause, the expression vehicle means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. 6 the incurring or authorising of expenditure in contravention of section 77. 7 the obtaining or procuring or a betting or attempting to obtain or procure by a candidate or his agent or, by any other person 11 with the consent of a candidate or his election agent, any assistance other than the giving of vote for the furtherance of the prospects of that candidates election, 14 from any person whether or not in the service of the government and belonging to any of the following classes, namely: a gazetted officers b stipendiary judges and magistrates c members of the armed forces of the union d members of the police forces e excise officers 15 f revenue officers other than village revenue officers known as lambardars malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions and g such other class of persons in the service of the government as may be prescribed: 9 provided that where any person, in the service of the government and belonging to any of the classes aforesaid, in the discharge or puported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent, whether by reason of the office held by the candidate or for any other reason, such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidates election 16 h class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the election commission in connection with the conduct of elections. 17 8 booth capturing by a candidate or his agent or other person. explanation.1 in this section the expression agent includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. 2 for the purposes of clause 7, a person shall be deemed to assist in the furtherance of the prospects of a candidates election if he acts as an election agent 18 of that candidate. 19 3 for the purposes of clause 7, notwithstanding anything contained in any other law, the publication in the official gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the central government including a person serving in connection with the administration of a union territory or of a state government shall be conclusive proof i of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and ii where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date. 20 4 for the purposes of clause 8, booth capturing shall have the same meaning as in section 135a. 1. subs. by act 27 of , s. 65, for the heading corrupt and illegal practices and electroal offences w.e.f. . 2. subs. by s. 66, ibid., for the heading chapters i and ii w.e.f. . 3. subs. by act 58 of , s. 36, for clause 1 w.e.f. . 4. subs. by act 47 of , s. 53, for to withdraw w.e.f. . 5. subs. by s. 53, ibid., for having withdrawn w.e.f. . 6. subs. by s. 53, ibid., for withdrawing w.e.f. . 7. ins. by act 58 of , s. 36 w.e.f. . 8. subs. by act 40 of , s. 23, for clause 3 w.e.f. . 9. ins. by act 40 of , s. 8 w.e.f. . 10. ins. by act 3 of , s. 19 w.e.f. . 11. ins. by act 58 of , s. 36 w.e.f. . 12. the words or retirement from contest omitted by s. 36, ibid. w.e.f. . 13. subs. by act 47 of , s. 53, for the conveyance w.e.f. 14. subs. by act 41 of , s. 6, for certain words w.e.f. . 15. subs. by act 58 of , s. 36, for subclause f w.e.f. . 16. ins. by act 41 of , s. 6 w.e.f. . 17. ins. by act 1 of , s. 13 w.e.f. . 18. the words or a polling agent or a counting agent omitted by act 47 of , s. 53 w.e.f. . 19. added by act 40 of , s. 8 w.e.f. . 20. ins. by act 1 of , s. 13 w.e.f.

section 126a. of the representation of the people act : 1b126a. restriction on publication and dissemination of result of exit polls, etc.1 no person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the election commission in this regard. 2 for the purposes of subsection 1, the election commission shall, by a general order, notify the date and time having due regard to the following, namely: a in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the states and union territories b in case of a byeelection or a number of byeelections held together, the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll: provided that in case of a number of byeelections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll. 3 any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. explanation/ib.for the purposes of this section, a exit poll means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election b electronic media includes internet, radio and television including internet protocol television, satellite, terrestrial or cable channels, mobile and such other media either owned by the government or private person or by both c print media includes any newspaper, magazine or periodical, poster, placard, handbill or any other document d dissemination includes publication in any print media or broadcast or display on any electronic media. 1. ins. by act 41 of , s. 7 w.e.f. .

section 126. of the representation of the people act : 1126. prohibition of public meetings during period of fortyeight hours ending with hour fixed for conclusion of poll.1 no person shall a convene, hold, attend, join or address any public meeting or procession in connection with an election or b display to the public any election matter by means of cinematograph, television or other similar apparatus or c propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of fortyeight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both. 3 in this section, the expression election matter means any matter intended or calculated to influence or affect the result of an election. 1. subs. by act 21 of , s. 10, for section 126 w.e.f. .

section 126b. of the representation of the people act : 1 where an offence under subsection 2 of section 126a has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section, a company means any body corporate, and includes a firm or other association of individuals and b director in relation to a firm, means a partner in the firm.

section 125. of the representation of the people act : 1125. promoting enmity between classes in connection with election.any person who in connection with an election under this act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of india shall he punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 1. ins. by act 40 of , s. 24 w.e.f. .

section 125a. penalty for filing false affidavit, etc of the representation of the people act : 1125a . penalty for filing false affidavit, etc.a candidate who himself or through his proposer, with intent to be elected in an election, i fails to furnish information relating to subsection 1 of section 33a or ii give false information which he knows or has reason to believe to be false or iii conceals any information, in his nomination paper delivered under subsection 1 of section 33 or in his affidavit which is required to be delivered under subsection 2 of section 33a, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 1. ins. by 72 of , s. 5 w.e.f. .

section 127. of the representation of the people act : 1 any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, 1shall be punishable with imprisonment for a term which may extend to 2six months or with fine which may extend to two thousand rupees, or with both. 31a an offence punishable under subsection 1 shall be cognizable. 2 this section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this act calling upon the constituency to elect a member or members and the date on which such election is held. 3 if any police officer reasonably suspects any person of committing an offence under subsection 1, he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant. 1. subs. by act 1 of , s. 14, for certain words w.e.f. . 2. subs. by act 21 of , s. 11, for certain words w.e.f. . 3. ins. by s. 11, ibid. w.e.f. .

section 127a. of the representation of the people act : 1127a. restrictions on the printing of pamphlets, posters, etc,1 no person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. 2 no person shall print or cause to be printed any election pamphlet or poster a unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate and b unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, i where it is printed in the capital of the state, to the chief electoral officer and ii in any other case, to the district magistrate of the district in which it is printed. 3 for the purposes of this section, a any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression printer shall be construed accordingly and b election pamphlet or poster means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any handbill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. 4 any person who contravenes any of the provisions of subsection 1 or subsection 2 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. 1. ins. by act 40 of , s. 26 w.e.f. .

section 128. of the representation of the people act : 1 every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not except for some purpose authorised by or under any law communicate to any person any information calculated to violate such secrecy: 1provided that the provisions of this subsection shall not apply to such officer, clerk, agent or other person who performs any such duty at an election to fill a seat or seats in the council of states. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. 1. ins. by act 40 of , s. 5 w.e.f. .

section 132a. of the representation of the people act : 1132a. penalty for failure to observe procedure for votingif any elector to whom a ballot paper has been issued, refused to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation. 1. ins. by act 4 of , s. 2 and schedule w.e.f. .

section 130. of the representation of the people act : 1 no person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of 1one hundred metres of the polling station, namely: a canvassing for votes or b soliciting the vote of any elector or c persuading any elector not to vote for any particular candidate or d persuading any elector not to vote at the election or e exhibiting any notice or sign other than an official notice relating to the election. 2 any person who contravenes the provisions of subsection 1 shall be punishable with fine which may extend to two hundred and fifty rupees. 3 an offence punishable under this section shall be cognizable. 1. subs. by s. 56, ibid., for one hundred yards w.e.f. .

section 129., at elections not to act for candidates or to influence voting. of the representation of the people act : 1 no person who is 1a district election officer or a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer for the presiding officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act other than the giving of vote for the furtherance of the prospects of the election of a candidate. 2 no such person as aforesaid, and no member of a police force, shall endeavour a to persuade any person to give his vote at an election, or b to dissuade any person from giving his vote at an election, or c to influence the voting of any person at an election in any manner. 3 any person who contravenes the provisions of subsection 1 or subsection 2 shall be punishable with imprisonment which may extend to six months or with fine or with both. 24 an offence punishable under subsection 3 shall be cognizable. 1. subs. by act 47 of , s. 55, for a returning officer w.e.f. . 2. ins. by act 47 of , s. 55 w.e.f. .

section 134. of the representation of the people act : 1 if any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. 11a an offence punishable under subsection 1 shall be cognizable. 2 no suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. 3 the persons to whom this section applies are the 2 3district election officers, returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with 4 the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election and the expression official duty shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this act 2. 1. ins. by act 47 of , s. 58 w.e.f. . 2. certain words omitted by act 58 of , s. 37 w.e.f. . 3. subs. by act 47 of , s. 58, for returning officers w.e.f. . 4. the words the preparation of an electoral roll omitted by act 58 of , s. 37 w.e.f. .

section 131. of the representation of the people act : 1 no person shall, on the date or dates on which a poll is taken at any polling station, a use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or b shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. 2 any person who contravenes, or wilfully aids or abets the contravention of, the provisions of subsection 1 shall be punishable with imprisonment which may extend to three months or with fine or with both. 3 if the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. 4 any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection 1, and may seize any apparatus used for such contravention.

section 132. of the representation of the people act : 1 any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. 2 the powers conferred by subsection 1 shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. 3 if any person who has been so removed from a polling station reenters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 4 an offence punishable under subsection 3 shall be cognizable.

section 133. of the representation of the people act : 1133. penalty for illegal hiring or procuring of conveyance at elections.if any person is guilty of any such corrupt practice as is specified in clause 5 of section 123 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine. 1. subs. by act 21 of , s. 12, for section 133 w.e.f. .

section 134b. of the representation of the people act : 1134b. prohibition of going armed to or near a polling station.1 no person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the arms act, 54 of , of any kind within the neighbourhood of a polling station. 2 if any person contravenes the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both. 3 notwithstanding anything contained in the arms act, 54 of , where a person is convicted of an offience under this section, the arms as defined in the said act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that act. 4 an offence punishable under subsection 2 shall be cognizable. 1. ins. by act 21 of , s. 13 w.e.f. .

section 134a. penalty for government servants for acting as election agent, polling agent or counting agent of the representation of the people act : 1134a. penalty for government servants for acting as election agent, polling agent or counting agent.if any person in the service of the government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 1. ins. by act 47 of , s. 59 w.e.f. .

section 135. of the representation of the people act : 1 any person who at any election 1unauthorisedly takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both. 2 if the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under subsection 1, such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. 3 any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. 4 an offence punishable under subsection 1 shall be cognizable. 1. subs. by act 21 of , s. 14, for fraudulently w.e.f. .

section 136. of the representation of the people act : 1 a person shall be guilty of an electoral offence if at any election he a fraudulently defaces or fraudulently destroys any nomination paper or b fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of returning officer or c fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration of identity or official envelop used in connection with voting by postal ballot or d without due authority supplies any ballot paper to any person 1or receives any ballot paper from any person or is in possession of any ballot paper or e fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in or f without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers than in use for the purposes of the election or g fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. 2 any person guilty of an electoral offence under this section shall, a if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years or with fine or with both b if he is any other person, be punishable with imprisonment for a term which may extend to six months or with fine or with both. 3 for the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression official duty shall not include any duty imposed otherwise than by or under this act 2. 34 an offence punishable under subsection 2 shall be cognizable. 1. ins. by act 27 of , s. 70 w.e.f. . 2. certain words omitted by act 58 of , s. 38 w.e.f. . 3. subs. by act 47 of , s. 60, for subsection 4 w.e.f. .

section 135b. grant of paid holiday to employees on the day of poll of the representation of the people act : 1135b. grant of paid holiday to employees on the day of poll.1 every person employed in any any business, trade, industrial undertaking or any other establishment and entitled to vote at an election to the house of the people or the legislative assembly of a state shall, on the day of poll, be granted a holiday. 2 no deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with subsection 1 and if such person is employed on the basis that he would not ordinarily receive wages for such a day, he shall nonetheless be paid for such day the wages he would have drawn had not a holiday been granted to him on that day. 3 if an employer contravenes the provisions of subsection 1 or subsection 2, then such employer shall be punishable with fine which may extend to five hundred rupees. 4 this section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged. 1. ins. by s. 16,ibid. w.e.f. ,

section 138.. of the representation of the people act : amendment of act 5 of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f. .

section 135a. of the representation of the people act : 1135a. offence of booth capturing.21 whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which 3shall not be less than one year but which may extend extend to three years and with fine, and where such offence is committed by a person in the service of the government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine. explanation.for the purposes of 3this subsection and section 20b, booth capturing includes, among other things, all or any of the following activities, namely: a seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections b taking possession of a polling station or a place fixed for the poll by any person or persons, and allowing only his or their own supporters to exercise their right to vote and 4prevent others from free exercise of their right to vote c5coercing or intimidating or threatening directly or indirectly, any elector and preventing him him from going to the polling station or a place fixed for the poll to cast his vote d seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes e doing by any person in the service of government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate. 62 an offence punishable under subsection 1 shall be cognizable. 1. ins. by act 1 of , s. 15 w.e.f. . 2. section 135a renumbered as subsection 1 thereof by act 21 of , s. 15 w.e.f. . 3. subs. by s. 15, bid., for certain words w.e.f. . 4. subs. by s. 15, ibid., for this section w.e.f. . 5. subs. by s. 15, ibid., for threatening w.e.f. . 6. ins. by s. 15, ibid. w.e.f. .

section 135c. liquor not to be sold, given or distributed on polling day of the representation of the people act : 1 no spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of fortyeight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. 2 any person who contravenes the provisions of subsection 1, shall be punishable with imprisonment for a term which may extend to six months or with fine, which may extend to two thousand rupees, or with both. 3 where a person is convicted of an offence under this section, the spirituous, fermented, or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.

section 142.. of the representation of the people act : disqualification arising out of illegal practices. omitted by s. 61, ibid. w.e.f. .

section 147. of the representation of the people act : 11 when before the expiration of the term of office of a member elected to the council of states, his seat becomes vacant or is declared vacant or his election to the council of states is declared void, the election commission shall by a notification in the gazette of india call upon the elected members of the legislative assembly or the members of the electoral college concerned 2, as the case may be, to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification and the provisions of this act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 32 as soon as may be after the date of commencement of the constitution seventh amendment act, , byeelections shall be held to fill the vacancies existing on that date in the seats allotted to the states of assam, orissa and uttar pradesh and the 4union territories of delhi, himachal pradesh and manipur. 1. section 147 renumbered as subsection 1 of that section by the adaptation of laws no. 2 order, . 2. the words or the elected members of the coorg legislative council omitted by act 49 of , s. 44 and the fifth schedule w.e.f. . 3. ins. by the adaptation of laws no. 2 order, . 4. now the national capital territory of delhi and the states of himachal pradesh and manipur.

section 137.. of the representation of the people act : prosecution regarding certain offences. omitted by the representation of the people amendment act, 47 of , s. 61 w.e.f. .

section 140a.. of the representation of the people act : removal of reduction of period, or disqualifications. omitted by s. 61, ibid. w.e.f. .

section 139.. of the representation of the people act : offences entailing disqualification. omitted by the representation of the people amendment act, 47 of , s. 61 w.e.f. .

section 140. of the representation of the people act : corrupt and illegal practices entailing disqualifications. omitted by s. 61, ibid. w.e.f. .

section 141.. of the representation of the people act : disqualification arising out of conviction and corrupt practices. omitted by s. 61, ibid. w.e.f. .

section 143.. of the representation of the people act : disqualification arising out of failure to lodge return of election expenses. omitted by s. 61, ibid. w.e.f. .

section 146c. of the representation of the people act : no suit, prosecution or other legal proceeding shall lie against the commission or any person acting under the direction of the commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this chapter or of any order made thereunder or in respect of the tendering of any opinion by the commission to the president or, as the case may be, to the governor or in respect of the publication, by or under the authority of the commission of any such opinion, paper or proceedings.

section 145.. of the representation of the people act : disqualification for being an election agent. omitted by s. 61, ibid. w.e.f. .

section 148.. of the representation of the people act : casual vacancies in the electoral colleges for certain union territories. omitted by the territorial councils act, of , s. 66 w.e.f. .

section 144.. of the representation of the people act : removal of disqualifications. omitted by s. 61, ibid. w.e.f. .

section 149. of the representation of the people act : 1 when the seat of a member elected to the house of the people becomes vacant or is declared vacant or his election to the house of the people is declared void, the election commission shall, subject to the provisions of subsection 2, by a notification in the gazette of india, call upon the parliamentary constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 2 if the vacancy so caused be a vacancy in a seat reserved in any such constituency for the scheduled castes or for any scheduled tribes, the notification issued under subsection 1 shall specify that the person to fill that seat shall belong to the scheduled castes or to such scheduled tribes, as the case may be.

section 146a. statements made by persons to the election commission of the representation of the people act : no statement made by a person in the course of giving evidence before the election commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: provided that the statement a is made in reply to a question which he is required by the commission to answer, or b is relevant to the subjectmatter of the inquiry.

section 146. of the representation of the people act : 11 where in connection with the tendering of any opinion to the president under article 103 or, as the case may be, under subsection 4 of section 14 of the government of union territories act, 20 of , or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document or other material object producible as evidence c receiving evidence on affidavits d requisitioning any public record or a copy thereof from any court or office e issuing commissions for the examination of witnesses or documents. 2 the commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the commission may be useful for, or relevant to, the subject matter of the inquiry. 3 the commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of , is committed in the view or presence of the commission, the commission may after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 2 of , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the code of criminal procedure, 2 of . 4 any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code 45 of . 1. ins. by act 17 of , s. 2 w.e.f. .

section 146b. procedure to be followed by the election commission of the representation of the people act : the election commission shall have the power to regulate its own procedure including the fixing of places and times of its sittings and deciding whether to sit in public or in private.

section 152. of the representation of the people act : show related subordinates 1 the returning officer for an election by the elected members of the legislative assembly of a state to fill a seat or seats in the council of states or for an election, by the members of the legislative assembly of a state to fill a seat or seats in the legislative council of the state shall, for the purposes of such election maintain in his office in the prescribed manner and form a list of elected members or a list of members, as the case may be, of that legislative assembly. 2 the returning officer for an election by the members of the electoral college for a 1union territory 2 3 to fill a seat or seats in the council of states shall, for the purposes of such election, maintain in his office in the prescribed manner and form a list of members of that electoral college 3. 3 copies of the lists referred to in subsections 1 and 2 shall be made available for sale. 1. subs. by the adaptation of laws no. 2 order, , for part c state. 2. the words or group of such states omitted by act 27 of , s. 77 w.e.f. . 3. certain words omitted by act 49 of , s. 44 and the fifth schedule w.e.f. .

section 151. of the representation of the people act : when before the expiration of the term of office of a member elected to the legislative council of a state, his seat becomes vacant or is declared vacant or his election to the legislative council is declared void, the election commission shall, by a notification in the official gazette, call upon the council constituency concerned or the members of the legislative assembly of the state, as the case may be, to elect a person for the purpose of filling the vacancy so caused, before such date as may be specified in the notification, and the provisions of this act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.

section 154. of the representation of the people act : 11 subject to the provisions of subsections 2 and 2a, the term of office of a member of the council of states, other than a member chosen to fill a casual vacancy, shall be six years. 2 2 upon the first constitution of the council of states the president shall, after consultation with the election commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, onethird of the members holding seats of each class shall retire in every second year thereafter. 32a in order that, as nearly as may be, onethird of the members may retire on the second day of april, , and on the expiration of every second year thereafter, the president shall, as soon as may be after the commencement of the constitution seventh amendment act, , after consultation with the election commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under subsection 2 of section 147. 3 a member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessors term of office. 1. subs. by the adaptation of laws no. 2 order, , for subsection 1. 2. certain words omitted, ibid. 3. ins. by the adaptation of laws no. 2 order, .

section 150. casual vacancies in the state legislative assemblies of the representation of the people act : when the seat of a member elected to the legislative assembly of a state becomes vacant or is declared vacant or his election to the legislative assembly is declared void, the election commission shall, subject to the provisions of subsection 2, by a notification in the official gazette, call upon the assembly constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this act and of the rules and orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. 2 if the vacancy so caused be a vacancy in a seat reserved in any such constituency for the scheduled castes or for any scheduled tribes, the notification issued under subsection 1 shall specify that the person to fill that seat shall belong to the scheduled castes or to such scheduled tribes, as the case may be.

section 156. of the representation of the people act : 1 the term of office of a member of the legislative council of a state, other than a member chosen to fill a casual vacancy, shall be six years, but upon the first constitution of the council the governor 1 shall, after consultation with the election commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, onethird of the members holding seats of each class shall retire in every second year thereafter. 2 a member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessors term of office. 1. the words or the rajpramukh, as the case may be omitted by the adaptation of laws no.2 order, , ibid.

section 151a. of the representation of the people act : 1151a. time limit for filling vacancies referred to in sections 147, 149, 150 and 151.notwithstanding anything contained in section 147, section 149, section 150 and section 151, a byeelection for filling any vacancy referred to in any of the said sections shall be held within a period of six months from the date of the occurrence of the vacancy: provided that nothing contained in this section shall apply if a the remainder of the term of a member in relation to a vacancy is less than one year or b the election commission in consultation with the central government certifies that it is difficult to hold the byeelection within the said period. 1. ins. by act 21 of , s. 17 w.e.f. .

section 160., for election purposes. of the representation of the people act : 1 if it appears to the state government that in connection with an election held within the state 1a any premises are needed or are likely to be needed for the purpose of being used as polling stations, for counting, for storage of ballot boxes, voting machines including voter verifiable paper audit trail and poll related material after a poll has been taken, accommodation for security forces and polling personnel or b any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, that government may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: 2provided that such premises shall be requisitioned after the issuance of the notification by the election commission under section 30 for such election till the date notified under clause e thereof: provided further that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this subsection until the completion of the poll at such election. 2 the requisition shall be effected by an order in writing addressed to the person deemed by the state government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed. 3 whenever any property is requisitioned under subsection 1, the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that subsection. 4 in this section, a premises means any land, building or part of a building and includes a hut, shed or other structure or any part thereof b vehicle means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. 1. subs. by act 49 of , s. 7, for clause a w.e.f. . 2. subs. by s. 7, ibid., for provided that w.e.f. .

section 153. of the representation of the people act : 1153. extension of time for completion of election.it shall be competent for the election commission for reasons which it considers sufficient, to extend the time for the completion of any election by making necessary amendments in the notification issued by it under section 30 or subsection 1 of section 39. 1. subs. by act 27 of , s. 78, for section 153 w.e.f. .

section 155. of the representation of the people act : 1 the term of office of a member of the council of states whose name is required to be notified in the official gazette under section 71 shall begin on the date of such notification. 2 the term of office of a member of the council of states whose name is not required to be notified under section 71 shall begin on the date of publication in the official gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under subclause a of clause 1 of article 80 or under any other provision announcing the nomination of such person to the council of states, as the case may be.

section 162. power to obtain information of the representation of the people act : the state government may with a view to requisitioning any property under section 160 or determining the compensation payable under section 161, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

section 157. of the representation of the people act : 1 the term of office of a member of the legislative council of a state whose name is required to be notified in the official gazette under 1section 74 shall begin on the date of such notification. 2 the term of office of a member of the legislative council of a state whose name is not required to be notified under 1section 74 shall begin on the date of publication in the official gazette of the declaration containing the name of such person as elected under section 67 or of the notification issued under subclause e of clause 3 of article 171, announcing the nomination of such person to the council, as the case may be. 1. subs. by act 27 of , s. 79, for section 75 w.e.f. .

section 158. of the representation of the people act : show related subordinates 1158. return or forfeiture of candidates deposit.1 the deposit made under section 34 or under that section read with subsection 2 of section 39 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section. 2 except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. 3 if the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. 4 subject to the provisions of subsection 3, the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed onesixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, onesixth of the total number of valid votes so polled divided by the number of members to be elected: provided that where at an election held in, accordance with the system of proportional representation by means of the single transferable vote, a candidate is not elected, the deposit made by him shall be forfeited if he does not get more than onesixth of the number of votes prescribed in this behalf as sufficient to secure the return of a candidate. 5 notwithstanding anything in subsections 2, 3 and 4, a if at a general election, the candidate is a contesting candidate in more than one parliamentary constituency or in more than one assembly constituency, not more than one of the deposits shall be returned, and the other shall be forfeited. b if the candidate is a contesting candidate at an election in more than one council constituency or at an election in a council constituency and at an election by the members of the state legislative assembly to fill seats in the legislative council, not more than one of the deposits shall be returned, and the others shall be forfeited. 1. subs. by act 58 of , s. 39, for section 158 w.e.f. .

section 164. of the representation of the people act : 1 any person remaining in possession of any requisitioned premises in contravention of any order made under section 160 may be summarily evicted from the premises by any officer empowered by the state government in this behalf. 2 any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

section 161. payment of compensation of the representation of the people act : show related subordinates 1 whenever in pursuance of section 160 the state government requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely: i the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality ii if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses if any incidental to such change: provided that where any person interested being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the state government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the state government may determine: provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the state government to an arbitrator appointed in this behalf by that government for determination, and shall be determined in accordance with the decision of such arbitrator. explanation.in this subsection, the expression person interested means the person who was in actual possession of the premises requisitioned under section 160 immediately before the requisition, or where no person was in such actual possession, the owner of such premises. 2 whenever in pursuance of section 160 the state government requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the state government on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the state government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the state government may determine: provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hirepurchase agreement in the possession of a person other than the owner, the amount determined under this subsection as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the state government in this behalf may decide.

section 163. powers of entry into and inspection of premises, etc of the representation of the people act : 1 any person authorised in this behalf by the state government may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 160 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section. 2 in this section the expressions premises and vehicle have the same meanings as in section 160.

section 165. of the representation of the people act : 1 when any premises requisitioned under section 160 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the state government to be the owner of such premises, and such delivery of possession shall be a full discharge of the state government from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. 2 where the person to whom possession of any premises requisitioned under section 160 is to be given under subsection 1 cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the state government shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the official gazette. 3 when a notice referred to in subsection 2 is published in the official gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the state government shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

section 159. staff or certain authorities to be made available for election work of the representation of the people act : 1159. staff of certain authorities to be made available for election work.1 the authorities specified in subsection 2 shall, when so requested by a regional commissioner appointed under clause 4 of article 324 or the chief electoral officer of the state, make available to any returning officer such staff as may be necessary for the performance of any duties in connection with an election. 2 the following shall be the authorities for the purposes of subsection 1, namely: i every local authority ii every university established or incorporated by or under a central, provincial or state act iii a government company as defined in section 617 of the companies act, 1 of iv any other institution, concern or undertaking which is established by or under a central, provincial or state act or which is controlled, or financed wholly or substantially by funds provided, directly or indirectly, by the central government or a state government. 1. subs. by act 12 of , s. 2, for section 159 w.e.f. .

section 166. of the representation of the people act : the state government may, by notification in the official gazette, direct that any powers conferred or any duty imposed on that government by any of the provisions of sections 160 to 165 shall, under such conditions, if any, as may be specified in the direction, be exercised or discharged by such officer or class of officers as may be so specified.

section 171.. of the representation of the people act : repeal of act 39 of . rep. by the repealing and amending act, 36 of , s. 2 and the first schedule w.e.f. .

section 167. of the representation of the people act : if any person contravenes any order made under section 160 or section 162, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

section 168.. of the representation of the people act : special provisions with respect to rulers of former indian states. omitted by rulers of indian states abolition of privileges act, 54 of , s. 4 w.e.f. .

section 169. of the representation of the people act : show related subordinates 1 the central government may, after consulting the election commission, by notification in the official gazette, make rules1for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 2a the form of affidavit under subsection 2 of section 33a 3aa the duties of presiding officers and polling officers at polling stations 4aaa the form of contribution report b the checking of voters by reference to the electoral roll 4bb the manner of allocation of equitable sharing of time on the cable television network and other electronic media c the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability d the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vole e the procedure to be followed in respect of the lender of vote by a person representing himself to be an elector after another person has voted as such elector 5ee the manner of giving and recording of voles by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used f the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote g the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election 5gg the procedure as to counting of votes recorded by means of voting machines h the safe custody of 6ballot boxes, voting machines, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers 7hh the material to be supplied by the government to the candidates of recognised political parties at any election to be held for the purposes of constituting the house of the people or the legislative assembly of a state i any other matter required to be prescribed by this act. 83 every rule made under this act shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 9in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to validity of anything previously done under the rule. 1. see the conduct of election rules, . 2. ins. by act 72 of , s. 6 w.e.f. . 3. clause a renumbered as aa by s. 6, ibid. w.e.f. . 4. ins. by act 46 of , s. 6 w.e.f. . 5. ins. by act 46 of , s. 6 w.e.f. . 6. ins. by act 1 of , s. 16 w.e.f. . 7. subs. by act 40 of , s. 29, for subsection 3 w.e.f. . 8. subs. by act 4 of , s. 2 and the schedule w.e.f. .

section 170. of the representation of the people act : no civil court shall have jurisdiction to question the legality of any action taken or of any decision given by the returning officer or by any other person appointed under this act in connection with an election.

section 6. of the visvabharati act : 16. powers of the university.the university shall have the following powers, namely: 1 to provide facilities for studies, instruction, socially useful productive work and community service and research in such branches of learning as may be deemed desirable and found practicable by the university and for the promotion of understanding of cultures between the east and the west and for the advancement of learning and dissemination of knowledge generally 2 to undertake educational experiments and evolve contents, systems and methods of education for the furtherance of the objects of the university 3 to make provision for research and advisory services and for that purpose, to enter into such arrangements with other institutions or bodies as the university may deem necessary 4 to cooperate, collaborate or associate with any other university, authority or institution of learning in such manner and for such purposes as the university may determine 5 to approve any institution of higher learning or studies for such purposes as the university may determine, and to withdraw such approval 6 to establish and maintain such bhavanas, schools of studies and research, chatravasas, gymnasia and such other institutions as are deemed necessary, from time to time, for the development of a healthy corporate life in the university and to abolish any such bhavana, school, chatravasa, gymnasium or other institution 7 to establish, at any place in india, campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects 8 to organise the application of class room, library and laboratory learning to problems of the villages as part of the curriculum 9 to undertake the promotion of adult education, rural reconstruction, cooperative organisations, social welfare, development of cottage industries and all other nationbuilding activities and works for the benefit of the public 10 to establish such examination centres and to recognise such certificates as may be necessary to give effect to the provisions of section 7a 11 to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or other modes of testing on, persons 12 to confer honorary degrees or other distinctions in the manner prescribed by the statutes 13 to determine the standards for admission and the methods of admission to courses of the university, which methods shall include examinations, evaluation and other modes of testing 14 to supervise the residences of students of the university and to make arrangements for promoting their health and general welfare 15 to make such special arrangements in respect of women students as the university may consider desirable 16 to regulate the conduct of students of the university, and to take such disciplinary measures in this regard as may be deemed necessary 17 to create such teaching and other academic posts as may be required by the university and to appoint persons to such posts 18 to appoint visiting professors, emeritus professors, fellows, scholars, resident artists, resident writers or such other persons who may contribute to the achievement of the objects of the university 19 to appoint or recognise persons as professors, readers or lecturers or otherwise as adhyapakas of the university 20 to approve persons working in a any institution cooperating, collaborating or associating with the university or b any approved institution, for imparting instruction or supervising research, or both, and to withdraw such approval 21 to undertake publication of literary, scientific, educational and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different cultures of the world and furthering thereby the objectives of the university 22 to appoint persons working in any other university, institution or organisation as adhyapakas of the university for a specified period 23 to create administrative, ministerial and other posts in the university and to make appointments thereto 24 to provide for the terms and conditions of service of employees, whether employed by the university or any institution 25 to regulate the conduct and duties of the employees of the university 26 to regulate and enforce discipline among the employees of the university and to take such disciplinary measures in this regard as may be deemed necessary 27 to make arrangements for promoting the health and general welfare of the employees of the university 28 to demand and receive payment of fees and other charges 29 to institute and award fellowships, scholarships, studentships, medals and prizes 30 to receive benefactions, donations and gifts, and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes of the university 31 to borrow, with the approval of the central government, whether on the security of the property of the university or otherwise, money for the purposes of the university 32 to establish campuses within the territorial limits of the university specified in the second schedule 33 to admit students of any other university or college whether in india or outside to any examination of the university subject to such conditions as the university may lay down for the purpose 34 to do all such acts and things as may be necessary or incidental to the exercise of all or any of the powers of the university or as are necessary or conducive to the attainment of all or any of the objects of the university. 1. subs. by act 31 of , s. 5, for section 6 w.e.f. .

section 1. of the visvabharati act : 1 this act may be called the visvabharati act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 14th may, , vide notification no. f. 405/50g, 3 dated the 10th may, , gazette of india, , part i. sec. 1.

section 4. of the visvabharati act : the first acharya chancellor and upacharya vicechancellor of the university who shall be the persons appointed in this behalf by the central government by notification in the official gazette, and the first members of the samsad court and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate 1as a unitary, teaching and residential university by the name of visvabharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name. 1. ins. by act 60 of , s. 4 w.e.f. .

section 5b. of the visvabharati act : 15b. principles to be followed in organising activities of the university.the university shall, in organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by rabindranath tagore in his writings. 1. ins. by act 31 of , s. 4 w.e.f. .

section 7. of the visvabharati act : save as otherwise provided in this act, the powers of the university conferred by or under this act shall be restricted to the area specified in the second schedule.

section 2. of the visvabharati act : whereas the late rabindranath tagore thakur founded an institution known as visvabharati at santiniketan in the district of birbhum in west bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as visvabharati aforesaid is an institution of national importance 1and is as such hereby constituted as a university. 1. ins. by act 60 of , s. 2 w.e.f. .

section 7a. of the visvabharati act : 17a. maintenance of examination centres outside territorial limits.notwithstanding anything contained in section 7, the university may establish and maintain, at any place in india examination centres for home study courses conducted by its loka shiksha samsad peoples education council and recognise, for such purposes as may be provided in the ordinances, the certificates awarded by the said loka shiksha samsad peoples education council on the results of examinations conducted by it. 1. ins. by act 60 of , s. 7 w.e.f. .

section 3. of the visvabharati act : 13. definitions.in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic staff means such categories of staff as are designated as academic staff by the statutes b acharya chancellor and upacharya vice chancellor mean, respectively, the acharya chancellor and the upacharya vicechancellor of the university c adhyapaka includes a professor, reader, lecturer and any other person engaged in imparting instruction in relation to any learning process and designated as an adhyapaka by the ordinances d alumni association means the association of the alumni of the university, constituted under the provisions of this act and the statutes e approved institution means an institution not being an institution maintained by the university of higher learning or studies approved by the university f bhavana means an academic institution maintained by the university and named as such g campus means a unit established or constituted by the university for imparting instruction or supervising research, or both h chatravaso means a unit of residence, or of corporate life, for the students of the university provided, maintained or recognised by the university i department means a department of studies and includes a centre of studies established by, or under, the statutes j employee of the university means any person appointed by the university or any institution, and includes an employee of a bhavana k institute board means a board constituted by the university for the management of an institute l institution means an institution maintained by the university m karmasamiti executive council means the karmasamiti executive council of the university n pathasamiti board of studies means a board constituted by the university for the regulation of studies o prescribed means prescribed by the statutes, ordinances or regulations p samsad court means the samsad court of the university q sikshasamiti academic council means the sikshasamiti academic council of the university r statutes, ordinances and regulations mean, respectively, such statutes, ordinances and regulations of the university as are for the time being in force s university means the institution known as visva bharati and incorporated as a university under this act. 1. subs. by act 31 of , s. 3, for section 3 w.e.f. .

section 8. of the visvabharati act : the university shall be open to all persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, 1adhyapakas, workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the university of which such test is made a condition by the instrument creating such benefaction: provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the university involves conditions or obligations opposed to the spirit and object of this section: provided further that nothing in this section shall be deemed to prevent religious instruction being given in any manner approved of by the authorities concerned to those who have given their consent thereto by 1adhyapakas duly and properly authorised for that purpose. 1. subs. by act 31 of , s. 2, for teachers w.e.f. .

section 5a. of the visvabharati act : 15a. the objects of the university.1 the objects of the university shall be to disseminate and advance knowledge and understanding by providing instructional, extension and research facilities and by the example and influence of its corporate life, and the university shall, in organising its activities, have due regard to the following objects for which the visvabharati at santiniketan was founded by rabindranath tagore, as expressed in his own words, namely: i to study the mind of man in its realisation of different aspects of truth from diverse points of view ii to bring into more intimate relations with one another, through patient study and research, the different cultures of the east on the basis of their underlying unity iii to approach the west from the standpoint of such a unity of the life and thought of asia iv to seek to realise in a common fellowship of study the meeting of the east and the west, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres and v with such ideals in view to provide at santiniketan aforesaid a centre of culture where research into and study of the religion, literature, history, science and art of hindu, buddhist, jain, islamic, sikh, christian and other civilisations may be pursued along with the culture of the west, with that simplicity in externals which is necessary for true spiritual realisation in amity, good fellowship and cooperation between the thinkers and scholars of both eastern and western countries, free from all antagonisms of race, nationality, creed or caste and in the name of the one supreme being who is shantam, shivam, advaitam. 2 the objects of the university shall also include harmonising the cultures of india, the east and the west by, among other things, the admission of students and appointment of adhyapakas from various regions of india and various countries of the world, and by providing incentives therefor. 1. ins. by act 31 of , s. 4 w.e.f. .

section 9. of the visvabharati act : all teaching in the university shall be conducted by and in the name of the university in accordance with the statutes and ordinances made in this behalf.

section 5. of the visvabharati act : on and from the commencement of this act, i all references in any enactment to the society of the name of visvabharati registered on the 16th may, , under the societies registration act, 21 of , shall be construed as references to the university 1ii all property, assets, rights and liabilities of the said society shall be the property, assets, rights and liabilities of the university and any will, deed or other document, whether made or executed before or after the commencement of this act, which contains or purports to contain any bequest, gift, trust, payment of money or transfer or assignment of any right or property, movable or immovable, in favour of the said society shall be construed as if the university was therein named instead of the said society iii subject to the provisions of this act, every person employed immediately before the commencement of this act in the said society shall hold employment in the university by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the said society, if this act had not been passed: provided that if the university decides to alter the terms and conditions of service of any such employee, a fresh contract shall be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, his services may be terminated in accordance with his original contract of employment or, if no provision is made therein in this behalf, on payment to him by way of compensation of an amount equal to his salary for six months. 1. subs. by s. 5, ibid., for clause ii w.e.f. .

section 12. of the visvabharati act : 112. officers of the university.the following shall be the officers of the university, namely: 1 the acharya chancellor 2 the upacharya vicechancellor 3 the director of studies, educational innovations and rural reconstruction 4 the director of culture and cultural relations 5 the director of physical education, sports, national service and student welfare 6 the karmasachiva registrar 7 the vittaadhikari finance officer 8 adhyakshas of bhavanas and 9 such other officers as may be declared by the statutes to be officers of the university. 1. subs. by act 31 of , s. 7, for section 12 w.e.f. .

section 14. of the visvabharati act : 114. the upacharya vicechancellor.1 the upacharya vice chancellor shall be appointed by the paridarsaka visitor in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statutes. 2 the upacharya vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the academic affairs of the university and all bhavanas and other institutions and give effect to the decisions of all the authorities of the university. 3 the upacharya vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the paridarsaka visitor whose decision thereon shall be final: provided further that an employee of the university, who is aggrieved by the action taken by the upacharya vicechancellor under this subsection, shall have the right to appeal against such action to the karmasamiti executive council within ninety days from the date on which such action is communicated to him and thereupon the karmasamiti executive council may confirm, modify or reverse the action taken by the upacharya vicechancellor. 4 the upacharya vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes and the ordinances. 1. subs. by act 31 of , s. 9, for section 14 w.e.f. .

section 11. of the visvabharati act : the government of west bengal shall be the pradhana rector of the university.

section 10. of the visvabharati act : 110.the paridarsaka visitor.1 the president of india shall be the paridarsaka visitor of the university. 2 subject to the provisions of subsections 3 and 4, the paridarsaka visitor shall have the right to cause an inspection to be made, by such person or persons as he may specify, of the university, its buildings, laboratories and equipment, and of any bhavana or other institution, and also of the examinations, teaching and other work conducted or done by the university, bhavana or other institution and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university. 3 the paridarsaka visitor shall give notice to the university of his intention to cause an inspection or inquiry to be made and the university shall, on receipt of such notice, have the right to make, within thirty days or such other period as the paridarsaka visitor may determine, from the date of receipt of the notice, such representations to the paridarsaka visitor as it may consider necessary. 4 after considering the representations, if any, made by the university, the paridarsaka visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where any inspection or inquiry has been caused to be made by the paridarsaka visitor, the university shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. 6 the paridarsaka visitor may address the upacharya vicechancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the paridarsaka visitor may be pleased to offer, and on receipt of the address made by the paridarsaka visitor, the upacharya vicechancellor shall communicate forthwith to the karmasamiti executive council the results of the inspection or inquiry and the views of the paridarsaka visitor and the advice tendered by him upon the action to be taken thereon. 7 the karmasamiti executive council shall communicate through the upacharya vicechancellor to the paridarsaka visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry. 8 where the karmasamiti executive council does not, within a reasonable time, take action to the satisfaction of the paridarsaka visitor, the paridarsaka visitor may, after considering any explanation furnished or representation made by the karmasamiti executive council, issue such directions as he may think fit and karmasamiti executive council shall be bound to comply with such directions. 9 without prejudice to the foregoing provisions of this section, the paridarsaka visitor may, be order in writing, annual any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order he shall call upon the university to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same. 10 the paridarsaka visitor shall have such other powers as may be specified in the statutes. 1. subs. by s. 6, ibid for section 10 w.e.f. .

section 13. of the visvabharati act : 11 the acharya chancellor shall, by virtue of his office, be the head of the university. 2 the acharya chancellor shall be appointed by the paridarsaka visitor from out of a panel of persons prepared and recommended by the karmasamiti executive council under subsection 2a. 2a the karmasamiti executive council shall prepare and recommend a panel of not less than three persons each of whom shall be a person of eminence in the academic or public life of the country, and is in the opinion of the karmasamiti executive council a fit and proper person to be appointed as the acharya chancellor of the university: provided that if the paridarsaka visitor does not approve of any of the persons specified in the panel prepared and recommended by the karmasamiti executive council, he may call upon the karmasamiti executive council to prepare a fresh panel of persons. 2b the acharya chancellor shall hold office for a term of three years and shall be eligible for reappointment: provided that the acharya chancellor shall, notwithstanding the expiry of the term of his office, continue to hold such office until his successor is appointed and has entered upon his office. 3 the acharya chancellor, shall, if present, preside at the convocation of the university and at meetings of the samsad court 2and the karma samiti executive council. 4 every proposal for the conferment of an honorary degree shall be subject to the confirmation of the acharya chancellor. 5 the acharya chancellor shall have such other powers as may be conferred on him by this act or the statutes. 1. subs. by act 31 of , s. 8, for subsections 1 and 2 w.e.f. . 2. ins. by act 60 of , s. 8 w.e.f. .

section 16. of the visvabharati act : 116. the karmasachiva registrar.1 the karmasachiva registrar shall be appointed in such manner, and on such emoluments and other conditions of service, as may be prescribed by the statutes and the ordinances. 2 the karmasachiva registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other functions as may be prescribed by the statutes. 1. subs. by act 31 of , s. 11, for sections 16 and 17 w.e.f. .

section 24. of the visvabharati act : 1 the sikshasamiti academic council shall be 1the principal academic body of the university, and shall, subject to the provisions of this act, the statutes and the ordinances, have the control and general regulation, and be responsible for the maintenance of standards of 2learning, education, instruction, evaluation and examination within the university, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes and shall have the right to advise the karmasamiti executive council on all academic matters. 2 the constitution of the sikshasamiti academic council and the terms of office of its members shall be prescribed by the statutes. 1. subs. by act 31 of , s. 15, for the academic body w..f. . 2. subs. by s. 15, ibid., for instruction, education and examination w.e.f. .

section 18. of the visvabharati act : the following shall be authorities of the university: 1 the samsad court 2 the karmasamiti executive council 3 the shiksha samiti academic council 1 24 the arthasamiti finance committee 5 the institute board and 36 such other authorities as may be declared by the statutes to be authorities of the university. 1. the word and omitted by s. 12, ibid. w.e.f. . 2. ins. by s. 12, ibid. w.e.f. . 3. clause 4 renumbered as clause 6 by s.12, ibid. w.e.f. .

section 15. of the visvabharati act : the arthasachiva treasurer.omitted by the visvabharati amendment act, 31 of , s. 10 w.e.f. .

section 26. of the visvabharati act : the university shall have an alumni association open to past students and past workers of the university, including members of the asramika sangha of the former visvabharati society, on such conditions as may be laid down in the statutes.

section 17. of the visvabharati act : 117. other officers.1 all officers of the university, other than the acharya chancellor, the upacharya vicechancellor and the karmasachiva registrar, shall be appointed in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the statutes. 2 the powers and functions of the officers appointed under subsection 1 shall be such as may be prescribed by the statutes. 1. subs. by act 31 of , s. 11, for sections 16 and 17 w.e.f. .

section 25. of the visvabharati act : 125. other authorities of the university.the constitution, powers and functions of the arthasamiti finance committee, the institute board and of such other authorities as may be declared by the statutes to be authorities of the university shall be such as may be prescribed by the statutes. 1. subs. by s. 16, ibid., for section 25 w.e.f. .

section 28. of the visvabharati act : 11 on the commencement of the visvabharati amendment act, 31 of , the statutes in force immediately before such commencement, as amended by that act, shall be the statutes of the university. 22 the statutes may be amended, repealed or added to by statutes made by the karma samiti executive council. 3 the karmasamiti executive council shall not propose the draft of any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing the opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the paridarsaka visitor. 4 every new statute or addition to a statute or any amendment or repeal of a statute shall be submitted to the paridarsaka visitor who may assent to it or withhold his assent therefrom or remit it to the karmasamiti executive council for further consideration. 5 a statute passed by the karmasamiti executive council shall have no validity until it has been assented to by the paridarsaka visitor. 1. subs. by act 31 of , s. 18, for subsection 1 w.e.f. . 2. subs. by act 57 of , s. 7, for subsections 2 to 8 w.e.f. .

section 19. of the visvabharati act : 119. the samsad court.1 the constitution of the samsad court and the term or office of its members shall be such as may be prescribed by the statutes. 2 subject to the other provisions of this act, the samsad court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university, including the maintenance of standards and adherence to the objectives of the university and to suggest measures for the development and improvement of the university which shall be considered by the appropriate authorities of the university b to consider and pass resolutions on the annual report and annual accounts of the university and the report of its auditors on such accounts c to advice the paridarsaka visitor in respect of any matter which may be referred to it for advice and d to exercise such other powers and perform such other functions as may be prescribed by the statutes. 1. subs. by s. 13, ibid., for sections 19, 20 and 21 w.e.f. .

section 22. of the visvabharati act : 122. the karmasamiti executive council.1 the karmasamiti executive council shall be the principal executive body of the university. 2 the constitution of the karmasamiti executive council and the term of office of its members shall be such as may be prescribed by the statutes. 3 the karmasamiti executive council shall exercise the following powers and perform the following functions, namely: a to manage and administer the revenue and property of the university and to conduct all administrative affairs of the university not otherwise provided for in this act or the statutes b to create teaching and academic posts and to define the duties and conditions of service of professor, readers, lecturers and other adhyapakas and academic staff employed by the university: provided that before determining the number, qualifications and emoluments of adhyapakas and other academic staff, the karmasamiti executive council shall consider the recommendations of the sikshasamiti academic council c to appoint such professors, readers, lecturers and other adhyapakas and academic staff as may be necessary on the recommendation of the selection committees constituted for the purpose and to fill up temporary vacancies therein d to provide for the appointment of visiting professors, emeritus professors, fellows, scholars, resident artists and resident writers and to determine the terms and conditions of such appointment e to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the university, and for that purpose, to appoint such agents as it may think fit f to invest any money belonging to the university, including any unapplied income, in such stocks, funds, shares or securities as it thinks fit, or in the purchase of immovable property in india g to exercise such other powers and perform such other functions as may be conferred or specified by this act or the statutes. 1. subs. by s. 14, ibid., for sections 22 and 23 w.e.f. .

section 29. of the visvabharati act : 129. matters to be provided for in the ordinances.subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the pattern of learning process, courses of study to be laid down for all degrees, diplomas and certificates of the university c the degrees, diplomas, certificates and other academic distinctions to be awarded by the university, the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same d the purposes for which certificates awarded by the lok sikshasamsad peoples education council of the university may be recognised by the university e the fees to be charged for courses of study in the university and for admission to the examinations, and processes of evaluation, degrees, diplomas and certificates of the university f the conditions of the award of fellowships, scholarships, studentships, medals and prizes g the conduct of tests, evaluations and examinations, including the terms of office and manner of appointment and duties of examining bodies, examiners, moderators and persons entrusted with the responsibility of evaluation h the conditions of residence of the students of the university and the special arrangements, if any, for the residence of women students i the special arrangements, if any, which may be made for the discipline and teaching of women students, and prescribing for them special courses of study j the terms and conditions of service of the employees of the university other than those prescribed by the statutes including the emoluments of the nonteaching staff: provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed to a nonteaching post of the university, the salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the ordinances k the terms and conditions of approval of institutions of higher learning and its withdrawal l the manner of cooperation or collaboration or association with other universities, authorities or institutions of learning m the terms and conditions on which persons working in an approved institution, or in any institution cooperating, collaborating or associating with the university, may be approved as adhyapakas and for withdrawing such approval n the educational experimentation and the creation, composition and functioning of any other body which is considered necessary for improving the academic life of the university and o all other matters which, by this act or the statutes, are to be, or may be, provided for by the ordinances. 1. subs. by act 31 of , s. 19, for sections 29 and 30 w.e.f. .

section 27. of the visvabharati act : show related subordinates 127. statutes.subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the manner of appointment, of the upacharya vicechancellor, the term of his appointments, emoluments and other conditions of his service b the powers that may be exercised and the functions that may be performed by the upacharya vicechancellor c the manner of appointment of the karmasachiva registrar, the emoluments and other conditions of his service and the powers that may be exercised and the functions that may be performed by him d the manner of appointment of all other officers, the terms of their appointment, emoluments and other conditions of their service and the powers and functions of such officers e the constitution of the samsad court, the term of office of its members and its powers and functions f the constitution of the karmasamiti executive council, the term of office of its members and its powers and functions g the constitution of other authorities or bodies of the university, the term of office of their members and their powers and functions h the election and continuance in office of the members the said authorities and bodies, the filling up of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide i the appointment of adhyapakas and other academic staff and other employees of the university and their emoluments and other conditions of service: provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed as an adhyapaka of the university or to any other academic post, the salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the statutes j the appointment of adhyapakas and other academic staff working in any other university, institution or organisation for a specified period for undertaking a joint project k the appointment of visiting professors, emeritus professors, fellows, scholars, resident artists and resident writers, and terms and conditions of such appointment l the constitution of a pension or provident fund or the establishment of an insurance scheme for the benefit of the employees of the university m the principles governing seniority of service of the employees of the university n the procedure in relation to any appeal or application for review by any employee or student of the university, against the action of any officer or authority of the university, including the time within which such appeal or application for review may be preferred or made o the procedure for the settlement of disputes between employees of the university, or students of the university, and the university p the conferment of honorary degrees q the institution of fellowships, scholarships, studentships, medals and prizes r the maintenance of discipline among the employees and students of the university s the establishment and abolition of bhavanas, departments, chatravasas and other institutions and their management, supervision and inspection t the regulation of the conduct and duties of the employees of the university and the conduct of the students of the university u the establishment of campuses, special centres, specialised laboratories or other units for research and instruction v the administration and regulation of the funds received in trust or otherwise by the university w the delegation of powers vested in the officers or authorities of the university x the constitution and activities of the alumni association y the categories of misconduct for which any action may be taken under this act, or the statutes or the ordinances and z all other matters which, by this act, are to be, or may be, provided for by the statutes. 1. subs. by s. 17, ibid., for section 27 w.e.f. .

section 30. of the visvabharati act : show related subordinates 130. power to make ordinances.1 the ordinances in force immediately before the commencement of the visvabharati amendment act, 31 of , may be amended, repealed or added to, at any time by the karmasamiti executive council: provided that no ordinance shall be made in respect of matters enumerated in section 29, other than those enumerated in clauses e, h, j, m and o thereof, unless a draft of such ordinance has been proposed by the sikshasamiti academic council. 2 the karmasamiti executive council shall not have power to amend any draft proposed by the sikshasamiti academic council under the provisions of subsection 1, but may reject the proposal or return the draft to the sikshasamiti academic council for reconsideration either in whole or in part, together with any amendments which the karmasamiti executive council may suggest. 3 where the karmasamiti executive council has rejected or returned the draft of an ordinance proposed by the sikshasamiti academic council, the sikshasamiti academic council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than onehalf of the total membership of the sikshasamiti academic council and by a majority of not less than twothirds of the members of the sikshasamiti academic council present and voting, the draft may be sent back to the karmasamiti executive council, which shall either adopt it or refer it to the paridarsaka visitor whose decision thereon shall be final. 4 every ordinance made by the karmasamiti executive council shall come into effect immediately. 5 every ordinance made by the karmasamiti executive council shall be submitted to the paridarsaka visitor within four weeks of the date of the meeting of the karmasamiti executive council, and the paridarsaka visitor shall have the power to direct the university, within six weeks from the date of the receipt of the ordinance, to suspend the operation of any ordinance and he shall, as soon as possible, inform the karmasamiti executive council about his objection to the proposed ordinance. 6 the paridarsaka visitor may, after receiving the comments of the university, either withdraw the order directing the suspension of the ordinance or disallow the ordinance and his decision thereon shall be final. 1. subs. by act 31 of , s. 19, for sections 29 and 30 w.e.f. .

section 37. of the visvabharati act : 137. adhyapakas of the university to be appointed under a written contract.1 no adhyapaka of the university shall be appointed to a permanent post, except under a written contract and such contract shall not be inconsistent with the provisions of this act, the statutes and the ordinances. 2 the contract referred to in subsection 1 shall be lodged with the university and a copy thereof shall be furnished to the adhyapaka concerned. 3 in the case of an adhyapaka appointed by the university before the commencement of the visvabharati amendment act, 31 of , the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the provisions of this act or the statutes or the ordinances, be deemed to have been modified by the said provisions and where there is no such contract and the adhyapaka is a salaries adhyapaka appointed to a permanent post, a written contract shall be executed by, and between, such adhyapaka and the university within a period of six months from the commencement of the visvabharati amendment act, . 1. subs. by act 31 of , s. 23, for sections 37 and 38 w.e.f. .

section 31. of the visvabharati act : 1 the authorities of the university may make regulations consistent with this act, the statutes and the ordinances a laying down the procedure to be observed at their meetings and the number of members required to form a quorum b providing for all matters which by this act, the statutes or the ordinances are to be prescribed by the regulations and c providing for all other matters solely concerning the authorities or committees appointed by them and not provided for by this act, the statutes and the ordinances. 2 every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. 3 the karmasamiti executive council may direct the amendment, in such manner as it may specify, of any regulation made under this section or the amendment of any regulation made under subsection 1. 14 every statute, ordinance or regulation made under this act shall be published in the official gazette. 5 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 32. of the visvabharati act : every student of the university 1other than a student of its lok siksha samsad peoples education council shall reside in a 2chatravasa or under such conditions as may be prescribed by the statutes and the ordinances. 1. ins. by act 60 of , s. 13 w.e.f. . 2. subs. by act 31 of , s. 20, for bhavana college or chartavasa hostel w.e.f. .

section 33. of the visvabharati act : admission of students to the university shall be made in such manner as may be prescribed by the ordinances.

section 34. of the visvabharati act : subject to the provisions of the statutes, all arrangements for the conduct of 1tests, evaluations and examinations shall be made by the karmasamiti executive council in such manner as may be prescribed by the ordinances. 1. subs. by s. 21, ibid., for examinations w.e.f. .

section 39. of the visvabharati act : 1 the university shall constitute, for the benefit of its officers including the upacharya vicechancellor, 1adhyapakas, and other servants, in such manner and subject to such conditions as may be prescribed by the statutes, such pension, insurance and provident funds as it may deem fit. 2 where any such pension, insurance or provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 17 of , shall apply to such fund as if it were a government provident fund. 1. subs. by act 31 of , s. 2, for teacher w.e.f. .

section 35. of the visvabharati act : 135. annual report.1 the annual report of the university shall be prepared under the directions of the karmasamiti executive council which shall include, among other matters, the steps taken by the university to promote socially relevant research in physical and social sciences, weaker sections need oriented extension activities and integration of the community life of the university with that of the wider world. 2 the annual report so prepared shall be submitted to the samsad court on or before such date as may be prescribed by the statutes and shall be considered by the samsad court in its annual meeting. 3 the samsad court may communicate its comments on the annual report to the karmasamiti executive council and the paridarsaka visitor. 4 a copy of the annual report, as prepared under subsection 1 shall also be submitted to the central government which shall, as soon as may be, cause the same to be laid before both the houses of parliament. 1. subs. by s.22, ibid., for sections 35 and 36 w.e.f. .

section 40. of the visvabharati act : 1 subject to any provision in this act and in the statutes, the karma samiti executive council shall appoint, with the approval of the paridarsaka visitor, a person to fill a casual vacancy in the office of the upacharya vicechancellor, and the person so appointed shall hold office 1until his successor enters upon his office. 2 all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant, and the person appointed, clected or coopted to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills would have been a member. 1. subs. by act 60 of , s. 15, for till the next meeting of the samsad court w.e.f. .

section 36. of the visvabharati act : 136. annual accounts.1 the annual accounts and balancesheet of the university shall be prepared under the direction of the karmasamiti executive council and shall once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such person or persons as he may authorise in this behalf. 2 a copy of the accounts together with the audit report shall be submitted to the samsad court and the paridarsaka visitor along with the observations of the karmasamiti executive council. 3 any observations made by the paridarsaka visitor on the annual accounts shall be brought to the notice of the samsad court and the observations of the samsad court, if any, shall, after being considered by the karmasamiti executive council, be submitted to the paridarsaka visitor. 4 a copy of the accounts together with the audit report, as submitted to the paridarsaka visitor, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both the houses of parliament. 5 the audited annual accounts, after having been laid before both the houses of parliament, shall be published in the gazette of india. 1. subs. by s.22, ibid., for sections 35 and 36 w.e.f. .

section 38. of the visvabharati act : 138. tribunal of arbitration.1 any dispute arising out of a contract of employment referred to in section 37, including a dispute relating to the noncompliance of the provisions of this act, the statutes or the ordinances, shall, at the request of the adhyapaka, be referred to a tribunal of arbitration which shall consist of one member nominated by the karmasamiti executive council, one member nominated by the adhyapaka concerned and one member who shall act as umpire nominated by the paridarsaka visitor. 2 every request made under subsection 1 shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 10 of , and all the provisions of that act, with the exception of section 2 thereof, shall apply accordingly. 3 if, for any reason, a vacancy occurs in the office of a member of the tribunal of arbitration, the appropriate body or person concerned shall nominate another person in accordance with the provisions of subsection 1 to fill the vacancy and the proceedings may be continued before the tribunal from the stage at which the vacancy is filled. 4 the decision of the tribunal of arbitration shall be final and binding on the parties. 5 the tribunal of arbitration shall have the power a to regulate its own procedure b to order reinstatement of the adhyapaka concerned and c to award salary to the adhyapaka concerned, after deducting therefrom such income, not being income from property, as such adhyapaka might have derived during the period of his suspension or during the period intervening between the date on which he was removed or dismissed from service or, as the case may be, his service was terminated, and the date on which he is reinstated: provided that the income which could have been derived by the adhyapaka concerned shall not be taken into account if, at the time when the income was derived, he could have derived such income had he not been suspended or removed or dismissed from service or if his service had not been terminated. 6 no suit or other proceedings shall lie in any court in respect of any matter which is required by subsection 1 to be referred to the tribunal of arbitration. 1. subs. by act 31 of , s. 23, for sections 37 and 38 w.e.f. .

section 38a. of the visvabharati act : 138a. power to suspend adhyapaka or other member of academic staff.1 the upacharya vicechancellor may, by order in writing, place and adhyapaka or other member of the academic staff under suspension a where a disciplinary proceeding against such adhyapaka or other member is contemplated or is pending or b where a case against him in respect of any criminal offence is under investigation or trial. 2 where any order of suspension is made under subsection 1, the circumstances in which such order has been made shall be reported forthwith to the karmasamiti executive council. 3 the karmasamiti executive council may, within fifteen days from the date of receipt of the report referred to in subsection 2, revoke the order of suspension if it is of opinion that the circumstances of the case do not warrant the suspension. 4 any person aggrieved by an order of suspension, which has not been revoked under subsection 3, may prefer an appeal to the karmasamiti executive council within thirty days from the date on which such order is communicated to him and the karmasamiti executive council may confirm modify or reverse the order appealed against. 1. subs. by act 31 of , s. 23, for sections 37 and 38 w.e.f. .

section 38b., may be made and the procedure therefor. of the visvabharati act : 138b. authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and the procedure therefor.1 no adhyapaka, or other member of the academic staff, appointed by the university shall be dismissed or removed from service or punished in any other manner by any authority other than the karmasamiti executive council. 2 no adhyapaka, or other member of the academic staff, appointed by the university shall be dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member of the academic staff any punishment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the academic staff any opportunity of making representation on the punishment proposed. 3 the karmasamiti executive council shall be entitled to dismiss or remove from service, without holding any such inquiry as is referred to in subsection 2, an adhyapaka, or other member of the academic staff, of the university, where the karmasamiti executive council, for reasons to be recorded in writing, is satisfied that such adhyapaka or other member of the academic staff a is of unsound mind or is a deafmute or suffers from contagious leprosy or b is an undischarged insolvent or c has been convicted, by a court of law, of an offence involving moral turpitude. 4 the dismissal or removal from service of, or any other punishment imposed on, an adhyapaka, or other member of the academic staff, appointed by the university shall take effect from the date on which the order of dismissal or removal from service is made or other punishment is imposed: provided that, where the adhyapaka or other member of the academic staff is under suspension at the time when the order for his dismissal or removal from service is made or other punishment is imposed, such order may, if the karmasamiti executive council so directs, take effect from the date on which he was placed under suspension. 5 notwithstanding the terms of contract between the university and an adhyapaka, or other member of the academic staff, appointed by the university, such adhyapaka or other member of the academic staff may resign his office a where he is permanent, by giving three months notice in writing to the karmasamiti executive council or by paying to the university three months salary in lieu of such notice or b where he is not permanent, one months notice in writing to the karmasamiti executive council or by paying to the university one months salary in lieu of such notice: provided that if the karmasamiti executive council so permits, the period of three months notice or of one months notice, as the case may be, may be reduced or waived: provided further that such resignation shall take effect from the date on which it is accepted by the karmasamiti executive council. explanation.suspension shall not be deemed to be a punishment within the meaning of this section. 1. subs. by act 31 of , s. 23, for sections 37 and 38 w.e.f. .

section 44a. of the visvabharati act : 144a. protection of action taken in good faith.no suit or other legal proceeding shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done, in pursuance of the provisions of this act, the statutes or the ordinances. 1. ins. by act 31 of , s. 24 w.e.f. .

section 42. of the visvabharati act : if any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the paridarsaka visitor, whose decision thereon shall be final.

section 41. of the visvabharati act : 141. removal from membership of the university.the karma samiti executive council may, on the recommendation of not less than twothirds of its members remove any person from the membership of any authority or board of the university if such a person is guilty of a serious offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploma conferred on, or granted to, any person by the university: provided that no action shall be taken under this section against any person except after giving him a reasonable opportunity of being heard with regard to the proposed action. 1. subs. by act 57 of , s. 11, for section 41 w.e.f. .

section 43. of the visvabharati act : where any authority of the university is given power by this act or by the statutes to appoint committees, such committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 44. of the visvabharati act : no act or proceeding of any authority or other body of the university shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

section 44b. of the visvabharati act : 144b. mode of proof of university record.a copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the university, or other documents in the possession of the university, or any entry in any register duly maintained by the university, if certified by the karmasachiva registrar, shall, notwithstanding anything contained in the indian evidence act, 1 of , or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein where the original thereof would, if produced, have been admissible in evidence. 1. ins. by act 31 of , s. 24 w.e.f. .

section 45. of the visvabharati act : if any difficulty arises with respect to the establishment of the university or any authority of the university or in connection with the first meeting of any authority of the university, the paridarsaka visitor in consultation with the upacharya vicechancellor may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the university or any authority thereof or for the first meeting of any authority of the university.

section 5. of the livestock importation act : no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act.

section 2. of the livestock importation act : in this act unless there is anything repugnant in the subject or context, a the expression infectious or contagious disorders includes tickpest, anthrax, glanders, farcy, scabies and any other disease or disorder which may be specified by the central government by notification in the official gazette and b livestock includes horses, kine, camels, sheep and any other animal which may be specified by the central government by notification in the official gazette 1c import means the bringing or taking, by sea, land or air into 2india. 3d livestock products include meat and meat products of all kinds including fresh, chilled and frozen meat, tissue, organs of poultry, pig, sheep, goat egg and egg powder, milk and milk products bovine, ovine and caprine, embryos, ova, semen pet food products of animal origin and any other animal product which may be specified by the central government by notification in the official gazette. 1. ins. by act 40 of , s. 3. 2. subs. by act 62 of , s. 2 and the schedule for the territories to which this act extends w.e.f.. 3. ins. by act 28 of , s. 3 w.e.f. .

section 3a. of the livestock importation act : 13a. power to regulate importation of livestock products. the central government may, by notification in the official gazette, regulate, restrict or prohibit in such manner and to such extent as it may think fit, the import into the territories to which this act extends, of any livestock product, which may be liable to affect human or animal health. 1. ins. by act 28 of , s. 5 w.e.f. .

section 3. of the livestock importation act : 1 the central government may, by notification in the official gazette, regulate, restrict or prohibit, in such manner and to such extent as it may think fit, 2the import, into 1india or any specified place therein, of any livestock which may be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stablelitter, clothing harness or fittings appertaining to livestock or that may have been in contact therewith. 32 a notification under subsection 1 shall operate as if it had been issued under section 19 of the sea customs act, 8 of , and the officers of customs at every port shall have the same power in respect of any livestock or thing, with regard to the importation of which such a notification has been issued, and the vessel containing the same, as they have for the time being in respect of any article the importation of which is regulated restricted or prohibited by the law relating to sea customs and the vessel containing the same and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly. 1. ins. by act 40 of , s. 3. 2. subs. by ad 40 of , s. 4, for the bringing or taking, by sea or land. 3. subs. by act 28 of , s. 4, for subsection 2 w.e.f. .

section 1. of the livestock importation act : 1 this act may be called the livestock importation act, . 12 it extends to the whole of india 2 3, 4 1. subs. by act 40 of , s. 2, for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 and the schedule w.e.f.111 . 3. the word and rep. by act 10 of , s. 3 and the second schedule. 4. subsection 3 rep. by s. 3 and the second schedule ibid.

section 4. of the livestock importation act : 1 the state government may 1 make rules for the detention, inspection, disinfection of destruction of imported livestock, and of fodder, dung, stablelitter, clothing harness or fittings appertaining to imported livestock or that may have been in contact therewith and for regulating the powers and duties of the officers whom it may appoint in this behalf.. 2 in making any rule under this section the state government may direct that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 1. the words subject to the control of the governorgeneral in council omitted by the a.o..

section 8. of the architects act : a person shall not be eligible for election or nomination as a member of the council, if he a is an undischarged insolvent or b has been convicted by a court in india for any offence and sentenced to imprisonment for not less than two years, and shall continue to be ineligible for a further period of five years since his release.

section 1. of the architects act : show related subordinates 1 this act may be called the architects act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 2nd april, , vide notification no. g.s.r. 400e, dated 16th march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 4. of the architects act : 1 the president and the vicepresident of the council shall be elected by the members of the council from among themselves: provided that on the first constitution of the council and until the president is elected, a member of the council nominated by the central government in this behalf shall discharge the functions of the president. 2 an elected president or vicepresident of the council shall hold office for a term of three years or till he ceases to be a member of the council, whichever is earlier, but subject to his being a member of the council, he shall be eligible for reelection: provided that a the president or the vicepresident may, by writing under his hand addressed to the vicepresident or the president, as the case may be, resign his office b the president or the vicepresident shall, notwithstanding the expiry of his term of three years, continue to hold office until his successor enters upon office. 3 the president and the vicepresident of the council shall exercise such powers and discharge such duties as may be prescribed by regulations.

section 7. of the architects act : no act or proceeding of the council or the executive committee or any other committee shall be invalid merely by reason of a any vacancy in, or defect in the constitution of, the council, the executive committee or any other committee, or b any defect in the election or nomination of a person acting as a member thereof, or c any irregularity in procedure not affecting the merits of the case.

section 9. of the architects act : 1 the council shall meet at least once in every six months at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations. 2 unless otherwise prescribed by regulations, nine members of the council shall form a quorum, and all the acts of the council shall be decided by a majority of the members present and voting. 3 in the case of an equal division of votes, the president, or in his absence, the vicepresident or, in the absence of both, the member presiding over the meeting, shall have and exercise a second or casting vote.

section 2. of the architects act : in this act, unless the context otherwise requires, a architect means a person whose name is for the time being entered in the register b council means the council of architecture constituted under section 3 c indian institute of architects means the indian institute of architects registered under the societies registration act, 21 of d recognised qualification means any qualification in architecture for the time being included in the schedule or notified under section 15 e register means the register of architects maintained under section 23 f regulation means a regulation made under this act by the council g rule means a rule made under this act by the central government.

section 3. of the architects act : 1 the central government shall, by notification in the official gazette, constitute, with effect from such date as may be specified in the notification, a council to be known as the council of architecture, which shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and may by that name sue or be sued. 2 the head office of the council shall be at delhi or at such other place as the central government may, by notification in the official gazette, specify. 3 the council shall consist of the following members, namely: a five architects possessing recognised qualifications elected by the indian institute of architects from among its members b two persons nominated by the all india council for technical education established by the resolution of the government of india in the late ministry of education no. f./44e. iii, dated the 30th november, c five persons elected from among themselves by heads of architectural institutions in india imparting fulltime instruction for recognised qualifications d the chief architects in the ministries of the central government to which the government business relating to defence and railways has been allotted and the head of the architectural organisation in the central public works department, ex officio e one person nominated by the central government f an architect from each state nominated by the government of that state g two persons nominated by the institution of engineers india from among its members and h one person nominated by the institution of surveyors of india from among its members. explanation. for the purposes of this subsection, a institution of engineers india means the institution of engineers india first registered in under the indian companies act, 7 of and subsequently incorporated by a royal charter in b institution of surveyors of india means the institution of surveyors registered under the societies registration act, 21 of . 4 notwithstanding anything contained in clause a of subsection 3, the central government may, pending the preparation of the register, nominate to the first council, in consultation with the indian institute of architects, persons referred to in the said clause a who are qualified for registration under section 25, and the persons so nominated shall hold office for such period as the central government may, by notification in the official gazette, specify. 5 notwithstanding anything contained in clause f of subsection 3, the central government may, pending the preparation of the register, nominate to the first council, in consultation with the state governments concerned, persons referred to in the said clause f, who are qualified for registration under section 25, and the persons so nominated shall hold office for such period as the central government may, by notification in the official gazette, specify.

section 10. of the architects act : 1 the council shall constitute from among its members an executive committee, and may also constitute other committees for such general or special purposes as the council deems necessary to carry out its functions under this act. 2 the executive committee shall consist of the president and the vicepresident of the council who shall be members ex officio and five other members who shall be elected by the council from among its members. 3 the president and the vicepresident of the council shall be the chairman and vicechairman respectively of the executive committee. 4 a member of the executive committee shall hold office as such until the expiry of his term as a member of the council but subject to his being a member of the council, he shall be eligible for reelection. 5 in addition to the powers and duties conferred and imposed on it by this act, the executive committee shall exercise such powers and discharge such duties as may be prescribed by regulations.

section 12. of the architects act : 1 the council shall a appoint a registrar who shall act as its secretary and who may also act, if so decided by the council, as its treasurer b appoint such other officers and employees as the council deems necessary to enable it to carry out its functions under this act c with the previous sanction of the central government, fix the pay and allowances and other conditions of service of officers and other employees of the council. 2 notwithstanding anything contained in clause a of subsection 1, for the first three years from the first constitution of the council, the registrar of the council shall be a person appointed by the central government, who shall hold office during the pleasure of the central government. 3 all the persons appointed under this section shall be the employees of the council.

section 5. of the architects act : 1 elections under this chapter shall be conducted in such manner as may be prescribed by rules. 2 where any dispute arises regarding any such election, the matter shall be referred by the council to a tribunal appointed by the central government by notification in the official gazette in this behalf, and the decision of the tribunal shall be final: provided that no such reference shall be made except on an application made to the council by an aggrieved party within thirty days from the date of the declaration of the result of the election. 3 the expenses of the tribunal shall be borne by the council.

section 14. of the architects act : 1 the qualifications included in the schedule or notified under section 15 shall be recognised qualifications for the purposes of this act. 2 any authority in india which grants an architectural qualification not included in the schedule may apply to the central government to have such qualification recognised, and the central government, after consultation with the council, may, by notification in the official gazette, amend the schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the schedule against such architectural qualification declaring that it shall be a recognised qualification only when granted after a specified date: provided that until the first council is constituted, the central government shall, before issuing any notification as aforesaid, consult an expert committee consisting of three members to be appointed by the central government by notification in the official gazette.

section 6. of the architects act : 1 subject to the provisions of this section, an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is later. 2 an elected or nominated member may, at any time, resign his membership by writing under his hand addressed to the president, or in his absence, to the vicepresident, and the seat of such member shall thereupon become vacant. 3 a member shall be deemed to have vacated his seat i if he is absent without excuse, sufficient in the opinion of the council, from three consecutive ordinary meetings of the council or ii if he ceases to be a member of the body referred to in clause a, clause g or clause h of subsection 3 of section 3 by which he was elected or nominated, as the case may be or iii in the case where he has been elected under clause c of subsection 3 of section 3, if he ceases to hold his appointment as the head of an institution referred to in the said clause. 4 a casual vacancy in the council shall be filled by fresh election or nomination, as the case may be, and the person so elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. 5 members of the council shall be eligible for reelection or renomination, but not exceeding three consecutive terms.

section 16. of the architects act : notwithstanding anything contained in subsection 2 of section 14, the central government, after consultation with the council, may, by notification in the official gazette, amend the schedule by directing that an entry be made therein in respect of any architectural qualification.

section 11. of the architects act : the president, the vicepresident and other members of the council shall be entitled to such fees and allowances as the council may, with the previous sanction of the central government, fix in this behalf.

section 18. of the architects act : every authority in india which grants a recognised qualification shall furnish such information as the council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such qualification is conferred and generally as to the requisites for obtaining such qualification.

section 20. of the architects act : 1 when upon report by the executive committee it appears to the council a that the courses of study and examination to be undergone in, or the proficiency required from the candidates at any examination held by, any college or institution, or b that the staff, equipment, accommodation, training and other facilities for staff and training provided in such college or institution, do not conform to the standards prescribed by regulations, the council shall make a representation to that effect to appropriate government. 2 after considering such representation the appropriate government shall forward it along with such remarks as it may choose to make to the college or institution concerned, with an intimation of the period within which the college or institution, as the case may be, may submit its explanation to the appropriate government. 3 on receipt of the explanation or where no explanation is submitted within the period fixed, then on the expiry of that period, the state government, in respect of the college or institution referred to in clause b of subsection 5, shall make its recommendations to the central government. 4 the central government a after making such further enquiry, if any, as it may think fit, in respect of the college or institution referred to in subsection 3, or b on receipt of the explanation from a college or institution referred to in clause a of subsection 5, or where no explanation is submitted within the period fixed, then on the expiry of that period, may, by notification in the official gazette, direct that an entry shall be made in the schedule against the architectural qualification awarded by such college or institution, as the case may be, declaring that it shall be a recognised qualification only when granted before a specified date and the schedule shall be deemed to be amended accordingly. 5 for the purposes of this section, appropriate government means a in relation to any college or institution established by an act of parliament or managed, controlled or financed by the central government, the central government, and b in any other case, the state government.

section 13. of the architects act : 1 there shall be established a fund under the management and control of the council into which shall be paid all moneys received by the council and out of which shall be met all expenses and liabilities properly incurred by the council. 2 the council may invest any money for the time being standing to the credit of the fund in any government security or in any other security approved by the central government. 3 the council shall keep proper accounts of the fund distinguishing capital from revenue. 4 the annual accounts of the council shall be subject to audit by an auditor to be appointed annually by the council. 5 as soon as may be practicable at the end of each year, but not later than the thirtieth day of september of the year next following, the council shall cause to be published in the official gazette a copy of the audited accounts and the report of the council for that year and copies of the said accounts and report shall be forwarded to the central government. 6 the fund shall consist of a all moneys received from the central government by way of grant, gift or deposit b any sums received under this act whether by way of fee or otherwise. 7 all moneys standing at the credit of council which cannot immediately be applied shall be deposited in the state bank of india or in any other bank specified in column 2 of the first schedule to the banking companies acquisition and transfer of undertakings act, 5 of .

section 15. of the architects act : 1 the central government may, after consultation with the council, direct, by notification in the official gazette, that an architectural qualification granted by any university or other institution in any country outside india in respect of which a scheme of reciprocity for the recognition of architectural qualification is not in force, shall be a recognised qualification for the purposes of this act or, shall be so only when granted after a specified date or before a specified date: provided that until the first council is constituted the central government shall, before issuing any notification as aforesaid, consult the expert committee set up under the proviso to subsection 2 of section 14. 2 the council may enter into negotiations with the authority in any state or country outside india, which by the law of such state or country is entrusted with the maintenance of a register of architects, for settling of a scheme of reciprocity for the recognition of architectural qualifications, and in pursuance of any such scheme, the central government may, by notification in the official gazette, direct that such architectural qualification as the council has decided should be recognised, shall be deemed to be a recognised qualification for the purposes of this act, and any such notification may also direct that such architectural qualification shall be so recognised only when granted after a specified date or before a specified date.

section 21. of the architects act : the council may prescribe the minimum standards of architectural education required for granting recognised qualifications by colleges or institutions in india.

section 23. of the architects act : 1 the central government shall, as soon as may be, cause to be prepared in the manner hereinafter provided a register of architects for india. 2 the council shall upon its constitution assume the duty of maintaining the register in accordance with the provisions of this act. 3 the register shall include the following particulars, namely: a the full name with date of birth, nationality and residential address of the architect b his qualification for registration, and the date on which he obtained that qualification and the authority which conferred it c the date of his first admission to the register d his professional address and e such further particulars as may be prescribed by rules.

section 17. of the architects act : notwithstanding anything contained in any other law, but subject to the provisions of this act, any recognised qualification shall be a sufficient qualification for enrolment in the register.

section 19. of the architects act : 1 the executive committee shall, subject to regulations, if any, made by the council, appoint such number of inspectors as it may deem requisite to inspect any college or institution where architectural education is given or to attend any examination held by any college or institution for the purpose of recommending to the central government recognition of architectural qualifications granted by that college or institution. 2 the inspectors shall not interfere with the conduct of any training or examination, but shall report to the executive committee on the adequacy of the standards of architectural education including staff, equipment, accommodation, training and such other facilities as may be prescribed by regulations for giving such education or on the sufficiency of every examination which they attend. 3 the executive committee shall forward a copy of such report to the college or institution and shall also forward copies with remarks, if any, of the college or institution thereon, to the central government.

section 26. of the architects act : 1 after the date appointed for the receipt of applications for registration in the first register of architects, all applications for registration shall be addressed to the registrar of the council and shall be accompanied by such fee as may be prescribed by rules. 2 if upon such application the registrar is of opinion that the applicant is entitled to have his name entered in the register he shall enter thereon the name of the applicant: provided that no person, whose name has under the provisions of this act been removed from the register, shall be entitled to have his name reentered in the register except with the approval of the council. 3 any person whose application for registration is rejected by the registrar may, within three months of the date of such rejection, appeal to the council. 4 upon entry in the register of a name under this section, the registrar shall issue a certificate of registration in such form as may be prescribed by rules.

section 22. of the architects act : 1 the council may by regulations prescribe standards of professional conduct and etiquette and a code of ethics for architects. 2 regulations made by the council under subsection 1 may specify which violations thereof shall constitute infamous conduct in any professional respect, that is to say, professional misconduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.

section 28. of the architects act : an architect shall, on payment of such fee as may be prescribed by rules, be entitled to have entered in the register any further recognised qualification which he may obtain.

section 29. of the architects act : 1 the council may, by order, remove from the register the name of any architect a from whom a request has been received to that effect, or b who has died since the last publication of the register. 2 subject to the provisions of this section, the council may order that the name of any architect shall be removed from the register where it is satisfied, after giving him a reasonable opportunity of being heard and after such further inquiry, if any, as it may think fit to make, a that his name has been entered in the register by error or on account of misrepresentation or suppression of a material fact or b that he has been convicted of any offence which, in the opinion of the council, involves moral turpitude or c that he is an undischarged insolvent or d that he has been adjudged by a competent court to be of unsound mind. 3 an order under subsection 2 may direct that any architect whose name is ordered to be removed from the register shall be ineligible for registration under this act for such period as may be specified. 4 an order under subsection 2 shall not take effect until the expiry of three months from the date thereof.

section 24. of the architects act : 1 for the purposes of preparing the register of architects for the first time, the central government shall, by notification in the official gazette, constitute a registration tribunal consisting of three persons who have, in the opinion of the central government, the knowledge of, or experience in, architecture and the registrar appointed under section 12 shall act as secretary of the tribunal. 2 the central government shall, by the same or a like notification, appoint a date on or before which application for registration, which shall be accompanied by such fee as may be prescribed by rules, shall be made to the registration tribunal. 3 the registration tribunal shall examine every application received on or before the appointed day and if it is satisfied that the applicant is qualified for registration under section 25, shall direct the entry of the name of the applicant in the register. 4 the first register so prepared shall thereafter be published in such manner as the central government may direct and any person aggrieved by a decision of the registration tribunal expressed or implied in the register so published may, within thirty days from the date of such publication, appeal against such decision to an authority appointed by the central government in this behalf by notification in the official gazette. 5 the authority appointed under subsection 4 shall, after giving the person affected an opportunity of being heard and after calling for relevant records, make such order as it may deem fit. 6 the registrar shall amend, where necessary, the register in accordance with the decisions of the authority appointed under subsection 4. 7 every person whose name is entered in the register shall be issued a certificate of registration in such form as may be prescribed by rules. 8 upon the constitution of the council, the register shall be given into its custody, and the central government may direct that the whole or any specified part of the application fees for registration in the first register shall be paid to the credit of the council.

section 31. of the architects act : a person whose name has been removed from the register under subsection 2 of section 27, subsection 1 or subsection 2 of section 29 or subsection 2 of section 30, or where such person is dead, his legal representative, as defined in clause 11 of section 2 of the code of civil procedure, 5 of , shall forthwith surrender his certificate of registration to the registrar, and the name so removed shall be published in the official gazette.

section 25. of the architects act : a person shall be entitled on payment of such fee as may be prescribed by rules to have his name entered in the register, if he resides or carries on the profession of architect in india and a holds a recognised qualification, or b does not hold such a qualification but, being a citizen of india, has been engaged in practice as an architect for a period of not less than five years prior to the date appointed under subsection 2 of section 24, or c possesses such other qualifications as may be prescribed by rules: provided that no person other than a citizen of india shall be entitled to registration by virtue of a qualification a recognised under subsection 1 of section 15 unless by the law and practice of a country outside india to which such person belongs, citizens of india holding architectural qualification registrable in that country are permitted to enter and practise the profession of architect in such country, or b unless the central government has, in pursuance of a scheme of reciprocity or otherwise, declared that qualification to be a recognised qualification under subsection 2 of section 15.

section 27. of the architects act : 1 the central government may, by notification in the official gazette, direct that for the retention of a name in the register after the 31st day of december of the year following the year in which the name is first entered in the register, there shall be paid annually to the council such renewal fee as may be prescribed by rules and where such direction has been made, such renewal fee shall be due to be paid before the first day of april of the year to which it relates. 2 where the renewal fee is not paid before the due date, the registrar shall remove the name of the defaulter from the register: provided that a name so removed may be restored to the register on, such conditions as may be prescribed by rules. 3 on payment of the renewal fee, the registrar shall, in such manner as may be prescribed by rules, endorse the certificate of registration accordingly.

section 30. of the architects act : 1 when on receipt of a complaint made to it, the council is of opinion that any architect has been guilty of professional misconduct which, if proved, will render him unfit to practice as an architect, the council may hold an inquiry in such manner as may be prescribed by rules. 2 after holding the inquiry under subsection 1 and after hearing the architect, the council may, by order, reprimand the said architect or suspend him from practice as an architect or remove his name from the register or pass such other order as it thinks fit.

section 32. of the architects act : the council may, at any time, for reasons appearing to it to be sufficient and subject to the approval of the central government, order that upon payment of such fee as may be prescribed by rules, the name of the person removed from the register shall be restored thereto.

section 33. of the architects act : where it is shown to the satisfaction of the registrar that a certificate of registration has been lost or destroyed, the registrar may, on payment of such fee as may be prescribed by rules, issue a duplicate certificate in the form prescribed by rules.

section 39. of the architects act : 1 no court shall take cognizance of any offence punishable under this act, except upon complaint made by order of the council or a person authorised in this behalf by the council. 2 no magistrate other than a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 34. of the architects act : as soon as may be after the 1st day of april in each year, the registrar shall cause to be printed copies of the register as it stood on the said date and such copies shall be made available to persons applying therefor on payment of such fee as may be prescribed by rules and shall be evidence that on that said date the persons whose names are entered therein were architects.

section 35. of the architects act : 1 any reference in any law for the time being in force to an architect shall be deemed to be a reference to an architect registered under this act. 2 after the expiry of two years from the date appointed under subsection 2 of section 24, a person who is registered in the register shall get preference for appointment as an architect under the central or state government or in any other local body or institution which is supported or aided from the public or local funds or in any institution recognised by the central or state government

section 40. of the architects act : 1 the council shall furnish such reports, copies of its minutes, and other information to the central government as that government may require. 2 the central government may publish, in such manner as it may think fit, any report, copy or other information furnished to it under this section.

section 36. of the architects act : if any person whose name is not for the time being entered in the register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees.

section 37. of the architects act : 1 after the expiry of one year from the date appointed under subsection 2 of section 24, no person other than a registered architect, or a firm of architects shall use the title and style of architect: provided that the provisions of this section shall not apply to a practice of the profession of an architect by a person designated as a landscape architect or naval architect b a person who, carrying on the profession of an architect in any country outside india, undertakes the function as a consultant or designer in india for a specific project with the prior permission of the central government. explanation. for the purposes of clause a, i landscape architect means a person who deals with the design of open spaces relating to plants, trees and landscape ii naval architect means an architect who deals with design and construction of ships. 2 if any person contravenes the provisions of subsection 1, he shall be punishable on first conviction with fine which may extend to five hundred rupees and on any subsequent conviction with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both.

section 38. of the architects act : if any person whose name has been removed from the register fails without sufficient cause forthwith to surrender his certificate of registration, he shall be punishable with fine which may extend to one hundred rupees, and, in the case of a continuing failure, with an additional fine which may extend to ten rupees for each day after the first during which he has persisted in the failure.

section 45. of the architects act : 1 the council may, with the approval of the central government, 1by notification in the official gazette, make regulations not inconsistent with the provisions of this act, or the rules made thereunder, to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for a the management of the property of the council b the powers and duties of the president and the vicepresident of the council c the summoning and holding of meetings of the council and the executive committee or any other committee constituted under section 10, the times and places at which such meetings shall be held, the conduct of business thereat and the number of persons necessary to constitute a quorum d the functions of the executive committee or of any other committee constituted under section 10 e the courses and periods of study and of practical training, if any, to be undertaken, the subjects of examinations and standards of proficiency therein to be obtained in any college or institution for grant of recognised qualifications f the appointment, powers and duties of inspector g the standards of staff, equipment, accommodation, training and other facilities for architectural education h the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations i the standards of professional conduct and etiquette and code of ethics to be observed by architects j any other matter which is to be or may be provided by regulations under this act and in respect of which no rules have been made. 13 every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 21 of , s. 2 w.e.f. .

section 41. of the architects act : no suit, prosecution or other legal proceeding shall lie against the central government, the council or any member of the council, the executive committee or any other committee or officers and other employees of the council for anything which is in good faith done or intended to be done under this act or any rule or regulation made thereunder.

section 42. of the architects act : the members of the council and officers and other employees of the council shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 43. of the architects act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament and the provisions of subsection 3 of section 44 shall apply in respect of such order as it applies in respect of a rule made under this act.

section 44. of the architects act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which elections under chapter ii shall be conducted, the terms and conditions of service of the member of the tribunal appointed under subsection 2 of section 5 and the procedure to be followed by the tribunal b the procedure to be followed by the expert committee constituted under the proviso to subsection 2 of section 14 in the transaction of its business and the powers and duties of the expert committee and the travelling and daily allowances payable to the members thereof c the particulars to be included in the register of architects under subsection 3 of section 23 d the form in which a certificate of registration is to be issued under subsection 7 of section 24, subsection 4 of section 26 and section 33 e the fee to be paid under sections 24, 25, 26, 27, 28, 32 and 33 f the conditions on which name may be restored to the register under the proviso to subsection 2 of section 27 g the manner of endorsement under subsection 3 of section 27 h the manner in which the council shall hold an enquiry under section 30 i the fee for supplying printed copies of the register under section 34 j any other matter which is to be or may be provided by rules under this act. 3 every rule made under this section shall be laid, as soon as may, be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification to the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 7. of the forward contracts regulation act : if the central government is of opinion that any recognition granted to an association under the provisions of this act should, in the interest of the trade or in the public interest, be withdrawn, the central government may, after giving a reasonable opportunity to the association to be heard in the matter withdraw, by notification in the official gazette, the recognition granted to the said association: provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the central government may make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date.

section 1. of the forward contracts regulation act : 1 this act may he called the forward contracts regulation act, . 2 it extends to the whole of india 2 3 chapter i shall come into force at once, and the remaining provisions shall come into force on such date3 or dates as the central government may, by notification in the official gazette, appoint, and different dates may he appointed for different provisions of this act, for different states or areas, and for different goods or classes of good. 1. this act has been extended to: i pondicherry with modification, vide notification no. s.o. , dated , see gazette of india, part ii, sec. 3ii. ii dadra and nagar haveli by reg. 6 of , s. 2 and first schedule: and iii goa, daman and diu with modification, vide notification no. g.s.r. 962, dated , see gazette of india, part ii, sec. 3i. 2. the words except the state of jammu and kashmir omitted by act 62 of , s. 2 w.e.f. . 3. chapters ii and vi were brought into force in the whole of india except the state of jammu and kashmir on the 24th august, , vide notification no. s. r.o. , dated the 24th august, see gazette of india, part ii, sec. 3. provisions of this act except chapter i came into force in the state of jammu and kashmir on the 22nd september, , vide notification no. s.o. , dated the 15th september, , see gazette of india, part ii, sec. 3ii.

section 2. of the forward contracts regulation act : in this act, unless the context otherwise requires, a association means any body of individuals, whether incorporated or not, constituted for the purpose of regulating and controlling the business of the sale or purchase of any goods b commission means the forward markets commission established under section 3 c forward contract means a contract for the delivery of goods 1 and which is not a ready delivery contract d goods means every kind of movable property other than actionable claims, money and securities e government security means a government security as defined in the public debt act, 18 of f nontransferable specific delivery contract means a specific delivery contract, the rights or liabilities under which or under any delivery order, railway receipt, bill of lading, warehouse receipt or any other document of title relating thereto are not transferable g option in goods means an agreement, by whatever name called, for the purchase or sale of a right to buy or sell, or a right to buy and sell, goods in future, and includes a teji, a mandi, a tejimandi, a galli, a put, a call or a put and call in goods h prescribed means prescribed by rules made under this act i ready delivery contract means a contract which provides for the delivery of goods and the payment of a price therefor, either immediately or within such period not exceeding eleven days after the date of the contract and subject to such conditions as the central government may, by notification in the official gazette, specify in respect of any goods, the period under such contract not being capable of extension by the mutual consent of the parties thereto or otherwise 2provided that where any such contract is performed either wholly, or in part, 1 by tendering of the documents of title to the goods covered by the contract by any party thereto not being a commission agent or a bank who has acquired ownership of the said documents by purchase, exchange or otherwise, to any other person including a commission agent but not including a bank or 2 by the realisation of any sum of money, being the difference between the contract rate and the settlement rate or clearing rate or the rate of any offsetting contract or 3 by any other means whatsoever, and as a result of which the actual tendering of the goods covered by the contract or the payment of the full price therefor is dispensed with, then, such contract shall not be deemed to be a ready delivery contract. explanation. for the purpose of this clause, i bank includes any banking company as defined in the banking regulation act, 10 of , a cooperative bank as defined in the reserve bank of india act, 2 of , the slate bank of india and any of its subsidiaries and any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of ii commission agent means a person who, in the ordinary course of business, makes contract for the sale or purchase of goods for others for a remuneration whether known as commission or otherwise which is determined in the contract itself or determinate from the terms of the contract, in either case, only with reference to the quantity of goods or to the price therefor as stipulated in the contract. 3j recognised association means an association to which recognition for the time being has been granted by the central government under section 6 in respect of goods or classes of goods specified in such recognition jj registered association means an association to which for the time being a certificate of registration has been granted by the commission under section 14b k rules, with reference to the rules relating in general to the constitution and management of an association, includes in the case of an incorporated association its memorandum and articles of association l securities includes shares, scrips, stocks, bonds, debentures, debenturestocks or other marketable securities of a like nature in or of any incorporated company or other body corporate and also government securities m specific delivery contract means a forward contract which provides for the actual delivery of specific qualities or types of goods during a specified future period at a price fixed thereby or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned n transferable specific delivery contract means a specific delivery contract which is not a nontransferable specific delivery contract, 4and which is subject to such conditions relating to its transferability as the central government may, by notification in the official gazette, specify in this behalf. 1. the words at a future date omitted by act 53 of , s. 2 w.e.f. . 2. added by act 53 of , s. 2 w.e.f. . 3. subs. by act 62 of , s. 3, for clause j w.e.f. . 4. added by s. 3, ibid. w.e.f. .

section 6. of the forward contracts regulation act : 1 if the central government, after making such inquiry as may be necessary in this behalf and after obtaining such further information, if any, as it may require, is satisfied that it would be in the interest of the trade and also in the public interest to grant recognition to the association which has made an application under section 5, it may grant recognition to the association in such form and subject to such conditions as may be prescribed or specified, and shall specify in such recognition the goods or classes of goods with respect to which forward contracts may be entered into between members of such association or through or with any such member. 2 before granting recognition under subsection 1, the central government may, by order direct, a that there shall be no limitation on the number of members of the association or that there shall be such limitation on the number of members as may be specified b that the association shall provide for the appointment by the central government of a person, whether a member of the association or not, as its representative on, and of not more than three persons representing interests not directly represented through membership of the association as member or members of, the governing body of such association, and may require the association to incorporate in its rules any such direction and the conditions, if any, accompanying it. 3 no rules of a recognised association shall be amended except with the approval of the central government. 4 every grant of recognition under this section shall be published in the gazette of india and also in the official gazette of the state in which the principal office of the recognised association is situate, and such recognition shall have effect as from the date of its publication in the gazette of india.

section 3. of the forward contracts regulation act : 1 the central government may, by notification in the official gazette establish a commission to be called the forward markets commission for the purpose of exercising such functions and discharging such duties as may be assigned to the commission by or under this act. 2 the commission shall consist of not less than two, 1but not exceeding four, members appointed by the central government 2one of them being nominated by the central government to be the chairman thereof and the chairman and the other member or members shall be either wholetime or parttime as the central government may direct: 3provided that the members to be so appointed shall be persons of ability, integrity and standing who have shown capacity in dealing with problems relating to commerce or commodity markets, or in administration or who have special knowledge or practical experience in any matter which renders them suitable for appointment on the commission. 3 no person shall be qualified for appointment as, or for continuing to be, a member of the commission if he has, directly or indirectly, any such financial or other interest as is likely to affect prejudicially his functions as a member of the commission, and every member shall, whenever required by the central government so to do, furnish to it such information as it may require for the purpose of securing compliance with the provisions of this subsection. 4 no member of the commission shall hold office for a period of more than three years from the date of his appointment, and a member relinquishing his office on the expiry of his term shall be eligible for reappointment. 5 the other terms and conditions of service of members of the commission shall be such as may be prescribed. 1. subs. by act 62 of , s. 4, for but not exceeding three w.e.f. . 2. subs. by act 46 of , s. 2, for certain words w.e.f. . 3. the proviso subs. by act 62 of , s. 4 w.e.f. .

section 4. of the forward contracts regulation act : the functions of the commission shall be a to advise the central government in respect of the recognition of, or the withdrawal of recognition from, any association or in respect of any other matter arising out of the administration of this act 1b to keep forward markets under observation and to take such action in relation to them as it may consider necessary, in exercise of the powers assigned to it by or under this act c to collect and whenever the commission thinks it necessary publish information regarding the trading conditions in respect of goods to which any of the provisions of this act is made applicable, including information regarding supply, demand and prices, and to submit to the central government periodical reports on the operation of this act and on the working of forward markets relating to such goods d to make recommendations generally with a view to improving the organisation and working of forward markets e to undertake the inspection of the accounts and other documents of 2any recognised association or registered association or any member of such association whenever it considers it necessary and f to perform such other duties and exercise such other powers as may be assigned to the commission by or under this act, or as may be prescribed. 1. subs. by s. 5, ibid., for clause b w.e.f. . 2. subs. by s. 5, ibid., for any recognised association w.e.f. .

section 4a. of the forward contracts regulation act : 14a. powers of the commission.1 the commission shall in the performance of its functions, have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any office e any matter which may be prescribed. 2 the commission shall have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the commission, may be useful for, or relevant to, any matter under the consideration of the commission and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 of the indian penal code 45 of . 3 the commission shall be deemed to be a civil court and when any offence described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 5 of , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under section 482 of the said code. 4 any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of . explanation.for the purposes of enforcing attendance of witnesses, the local limits of the commissions jurisdiction shall be the limits of the territory of india. 1. ins. by act 62 of , s. 6 w.e.f. .

section 8. of the forward contracts regulation act : 11 every recognised association and every member thereof shall furnish to the central government such periodical returns relating to its affairs, or the affairs of its members, as the case may be, as may be prescribed. 2 without prejudice to the provisions contained in subsection 1, where the central government considers it expedient so to do, it may, by order in writing, a call upon a recognised association 2or a member thereof to furnish in writing such information or explanation relating to its affairs or the affairs of any of its members 2or his affairs, as the case may be as the central government may require, or b appoint one or more persons to make an inquiry in relation to the affairs of such association or the affairs of any of its members and submit a report of the result of such inquiry to the central government within such time as may be specified in the order or, in the alternative, direct the inquiry to be made, and the report to be submitted, by the governing body of such association acting jointly with one or more representatives of the central government and c direct the commission to inspect the accounts and other documents of any recognised association or of any of its members and submit its report thereon to the central government. 3 where an inquiry in relation to the affairs of a recognised association or the affairs of any of its members has been undertaken under subsection 2 a every director, manager, secretary or other officer of such association, b every member of such association, c if the member of the association is a firm, every partner, manager, secretary or other officer of the firm, and d every other person or body of persons who had dealings in the course of business with any of the persons mentioned in clauses a, b and c, shall be bound to produce before the authority making the inquiry, all such books, accounts, correspondence and other documents in his custody or power relating to, or having a bearing on the subjectmatter of, such inquiry and also to furnish the authority with any such statement or information relating thereto as may be required of him, within such time as may be specified. 34 every recognised association and every member thereof shall maintain such books of account and other documents as the commission may specify and the books of account and other documents so specified shall be preserved for such period not exceeding three years as the commission may specify and shall be subject to inspection at all reasonable times by the commission. 1. subs. by act 62 of , s. 7, for subsection 1 w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. ins. by act 62 of , s. 7 w.e.f. .

section 5. of the forward contracts regulation act : 1 any association concerned with the regulation and control of forward contracts which is desirous of being recognised for the purposes of this act may make an application in the prescribed manner to the central government. 2 every application made under subsection 1 shall contain such particulars as may be prescribed and shall be accompanied by a copy of the byelaws for the regulation and control of forward contracts and also a copy of the rules relating in general to the constitution of the association, and in particular, to a the governing body of such association, its constitution and powers of management and the manner in which its business is to be transacted b the powers and duties of the officebearers of the association c the admission into the association of various classes of members, the qualifications of members, and the exclusion, suspension, expulsion and readmission of members therefrom or there into d the procedure for registration of partnerships as members of the association and the nomination and appointment of authorised representatives and clerks.

section 9. of the forward contracts regulation act : 11 every recognised association shall furnish to the commission three copies of its annual report. 2 such annual report shall contain such particulars as may be prescribed. 1. subs. by s. 8, ibid., for subsection 1 w.e.f. .

section 9a., in special cases. of the forward contracts regulation act : 19a. power of recognised association to make rules respecting grouping of members, restricting voting rights, etc., in special cases.1 a recognised association may make rules or amend any rules made by it to provide for all or any of the following matters namely, 2a the admission of a firm or a hindu undivided family as a member, 3b the grouping of the members of the association according to functional or local interests, the reservation of seats on its governing body for members belonging to each group and appointment of members to such reserved seats i by election exclusively by the members of the association from among persons chosen by the members belonging to the group concerned ii by election by all the members of the association iii by election by all the members belonging to the group concerned for the purpose 3c the restriction of voting rights in respect of any matter placed before the association at any meeting to those members only who, by reason of their functional or local interests, are actually interested in such matter, 3d the regulation of voting rights in respect of any matter placed before the association at any meeting so that each member may be entitled to have one vote only, irrespective of his share of the paidup equity capital of the association 3e the restriction on the right of a member to appoint another person as his proxy to attend and vote at a meeting of the association 4f the retirement at every annual general meeting of all directors or such number or proportion of their total number as may be specified in the rules 3g such incidental, consequential and supplementary matters as may be necessary to give effect to any of the matters specified in 5clauses a to f. 2 no rules of a recognised association made or amended in relation to any matter referred to in 6clauses a to g of subsection 1 shall have effect until they have been approved by the central government and published by that government in the official gazette and, in approving the rules so made or amended, the central government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the central government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the companies act, 1 of . 3 where, before the commencement of the forward contracts regulation amendment act, 3 of , any rules have been made or amended in relation to any matter referred to in 7clauses b to e and g of subsection 1, the rules so made or amended shall not be deemed to be invalid or ever to have been invalid merely by reason of the fact that the rules so made or amended are repugnant to any of the provisions of the companies act, 1 of . 1. ins. by act 32 of , s. 2, for section 9a w.e.f. 2. ins. by s. 2, ibid. w.e.f. . 3. clauses a, b, c, d and e relettered as clauses b, c, d, e and g act by 62 of , s. 9 w.e.f. . 4. ins. by s. 9, ibid. we.f. . 5. subs. by s. 9, ibid., for clauses a, b, c and d w.e.f. . 6. subs. by s. 9, ibid., for clauses a to e/i w.e.f. . 7. subs. by act 62 of , s. 9, for clauses a to e w.e.f. .

section 10. of the forward contracts regulation act : 1 whenever the central government considers it expedient so to do, it may, by order in writing, direct any recognised association to make any rules or to amend any rules made by the recognised association within such period as it may specify in this behalf. 2 if any recognised association, against whom an order is issued by the central government under subsection 1, fails or neglects to comply with such order within the specified period, the central government may make the rules or amend the rules made by the recognised association, as the case may be, either in the form specified in the order or with such modification thereof as the central government may think fit. 13 where, in pursuance of subsection 2, any rules have been made or amended, the rules so made or amended shall be published in the gazette of india, and shall, thereupon, have effect notwithstanding anything to the contrary contained in the companies act, , or any other law for the time being in force, as if they had been made or amended by the recognised association concerned. 1. subs. by s. 10, ibid., for subsection 3 w.e.f. .

section 13. of the forward contracts regulation act : 1 without prejudice to any other powers vested in the central government under this act, where the central government is of opinion that the governing body of any recognised association should be superseded, then, notwithstanding anything contained in this act or in any other law for the time being in force, the central government may, after giving a reasonable opportunity to the governing body of the recognised association concerned to show cause why it should not be superseded, by notification in the official gazette, declare the governing body of such association to be superseded for such period not exceeding six months as may be specified in the notification, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and where more persons than one are appointed may appoint one of such persons to be the chairman and another of such persons to be the vicechairman. 2 on the publication of a notification in the official gazette under subsection 1, the following consequences shall ensue, namely: a the members of the governing body which has been superseded shall, as from the date of the notification of supersession cease to hold office as such members b the person or persons appointed under subsection 1 may exercise and perform all the powers and duties of the governing body which has been superseded c all such property of the recognised association as the person or persons appointed under subsection 1 may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry out the purposes of this act, shall vest in such person or persons. 3 notwithstanding anything to the contrary contained in any law or the rules or byelaws of the association whose governing body is superseded under subsection 1, the person or persons appointed under that subsection shall hold office for such period as may be specified in the notification published under that subsection, and the central government may, from time to time, by like notification vary such period. 4 on the determination of the period of office of any person or persons appointed under this section the recognised association shall forthwith reconstitute a governing body in accordance with its rules: provided that until a governing body is so reconstituted, the person or persons appointed under subsection 1 shall, notwithstanding anything contained in subsection 1, continue to exercise and perform their powers and duties. 5 on the reconstitution of a governing body under subsection 4, all the property of the recognised association which had vested in, or was in the possession of, the person or persons appointed under subsection 1 shall vest or revest, as the case may be, in the governing body so reconstituted.

section 12. of the forward contracts regulation act : 1 the central government may, either on a request in writing received by it in this behalf from the governing body of a recognised association, or if in its opinion it is expedient so to do, make byelaws for all or any of the matters specified in section 11 or amend any byelaws made by such association under that section. 2 where, in pursuance of this section, any byelaws have been made or amended, the byelaws so made or amended shall be published in the gazette of india 1and shall thereupon have effect. 3 notwithstanding anything contained in this section, where the governing body of a recognised association objects to any byelaws made or amended under this section by the central government on its own motion, it may, within six months of the publication thereof under subsection 2, apply to the central government for a revision thereof, and the central government may, after giving a reasonable opportunity to the governing body of the association to be heard in the matter, revise the byelaws so made or amended, and where any byelaws so made or amended are revised as a result of any action takenunder this subsection the byelaws so revised shall be published and shall become effective as provided in subsection 2. 4 the making or the amendment or revision of any byelaws under this section shall in all cases be 2subject to such conditions in regard to previous publication as may be prescribed. provided that the central government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication in any case. 1. subs. by s. 12, ibid., for subject to the condition of previous publication w.e.f. . 2. subs. by act 62 of , s. 12, for subject to the condition of previous publication w.e.f.

section 12a. of the forward contracts regulation act : 112a. application of amendment of byelaws to existing forward contracts.any amendment of a byelaw under section 11 other than an amendment made in pursuance of clause a or clause aa of subsection 3 of that section or under section 12 also apply to all forward contracts entered into before the date of its approval by the central government or before the date of its publication in the gazette of india, as the case may be, and remaining to be performed on or after the said date. 1. ins. by s. 13, ibid. w.e.f. .

section 11. of the forward contracts regulation act : 1 any recognised association may, subject to the previous approval of the central government, make byelaws for the regulation and control of forward contracts. 2 in particular, and without prejudice to the generality of the foregoing power, such byelaws may provide for a the opening and closing of markets and the regulation of the hours of trade b a clearing house for the periodical settlement of contracts and differences thereunder, the delivery of, and payment for, goods, the passing on of delivery orders and for the regulation and maintenance of such clearing house c the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house d fixing, altering or postponing days for settlement e determining and declaring market rates, including opening, closing, highest and lowest rates for goods f the terms, conditions and incidents of contracts including the prescription of margin requirements, if any, and conditions relating thereto, and the forms of contracts in writing g regulating the entering into, making, performance, rescission and termination of contracts, including contracts between members or between a commission agent and his constituent, or between a broker and his constituent, or between a member of the recognised association and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer and the responsibility of commission agents and brokers who are not parties to such contracts h the admission and prohibition of specified classes or types of goods or of dealings in goods by a member of the recognised association i the method and procedure for the settlement of claims or disputes including the settlement thereof by arbitration j the levy and recovery of fees, fines and penalties k the regulation of the course of business between parties to contracts in any capacity l the fixing of a scale of brokerage and other charges m the making, comparing, settling and closing of bargains n the regulation of fluctuations in rates and prices o the emergencies in trade which may arise and the exercise of powers in such emergencies including the power to fix maximum and minimum prices p the regulation of dealings by members for their own account q the limitations on the volume of trade done by any individual member r the obligation of members to supply such information or explanation and to produce such books relating to their business as the governing body may require. 3 the byelaws made under this section may a specify the byelaws the contravention of any of which shall make a contract entered into otherwise than in accordance with the byelaws void under subsection 2 of section 15 1aa specify the byelaws the contravention of any of which shall make a forward contract entered into otherwise than in accordance with byelaws illegal under subsection 3a of section 15 b provide that the contravention of any of the byelaws shall i render the member concerned liable to fine or ii render the member concerned liable to expulsion or suspension from the recognised association or to any other penalty of a like nature not involving the payment of money. 4 any byelaws made under this section shall be subject to such conditions in regard to previous publication as may be prescribed, and when approved by the central government, shall be published in the gazette of india 2: provided that the central government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication, in any case 1. ins. by act 62 of , s. 11 w.e.f. . 2. the words and also in the official gazette of the state in which the principal office of the recognised association is situate omitted by s. 12, ibid. w.e.f. .

section 12b. of the forward contracts regulation act : 112b. power of commission to suspend member of recognised association or to prohibit him from trading.1 if, in the interest of trade or in the public interest, the commission considers it necessary to suspend a member from his membership of any recognised association or to prohibit such members from entering into any forward contract for the sale or purchase in his own name or through another member of a recognised association of any goods or class of goods, then, notwithstanding anything contained in any law for the time being in force or in the rules or byelaws of a recognised association, the commission may, after giving an opportunity of being heard, by order suspend his membership of any association or prohibit him from entering into any such contract. 2 an order under subsection 1 shall specify the period for which the suspension or prohibition is to have effect and such period may be extended from time to time but so as not to exceed three years in the aggregate. 3 no order made under subsection 1 in respect of any member of a recognised association shall affect the validity of anyforward contract entered into or made by, with or through such member on or before the date of such order and remaining to be performed on or after the said date but the commission may make such provision as it deems fit in such order or in any subsequent order for the closing out of any such forward contract. 1. ins. by s. 13, ibid. w.e.f. .

section 14a. of the forward contracts regulation act : 114a. certificate of registration to be obtained by all associations.1 no association concerned with regulation and control of business relating to forward contracts shall, after the commencement of the forward contracts regulation amendment act, 62 of hereinafter referred to as such commencement carry on such business except under, and in accordance with, the conditions of a certificate of registration granted under this act by the commission. 2 every association referred to in subsection 1 which is in existence at such commencement, before the expiry of six months from such commencement, and every association referred to in subsection 1 which is not in existence at such commencement, before commencing such business, shall make an application for a certificate of registration to the commission in such form and containing such particulars as may be prescribed: provided that the commission may in its discretion extend from time to time the period of six months aforesaid up to one year in the aggregate. 3 nothing in this section shall be deemed a to prohibit an association in existence at such commencement from carrying on its business until the disposal of the application made by it under subsection 2 or b to require a recognised association in existence at such commencement to make an application under subsection 2 and every such association shall, as soon as may he after such commencement, be granted free of cost by the commission a certificate of registration. 1. ins. by act 62 of , s. 14 w.e.f. .

section 14b. of the forward contracts regulation act : 114b. grant or refusal of certificate of registration.on receipt of an application under section 14a, the commission, after making such inquiry as it considers necessary in this behalf, may by order in writing grant a certificate of registration or refuse to grant it: provided that before refusing to grant such certificate, the association shall be given an opportunity of beng heard in the matter. 1. ins. by act 62 of , s. 14 w.e.f. .

section 14. of the forward contracts regulation act : if in the interest of the trade or in the public interest the central government considers it expedient so to do, it may, by notification in the official gazette, direct a recognise association to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and may if, in the opinion of the central government, the interest of the trade or the public interest to requires by like notification extend the said period from time to time: provided that where the period of suspension is likely to exceed one month, no notification extending the suspension beyond such period shall be issued, unless the governing body of the recognised association has been given an opportunity of being heard in the matter.

section 15. of the forward contracts regulation act : 1 the central government may, by notification in the official gazette, declare this section to apply to such goods or class of goods and in such areas as may be specified in the notification, and thereupon, subject to the provisions contained in section 18, every forward contract for the sale or purchase of any goods specified in the notification which is entered into in the area specified therein otherwise than between members of a recognised association or through or with any such member shall be illegal. 2 any forward contract in goods entered into in pursuance of subsection 1 which is in contravention of any of the byelaws specified in this behalf under clause a of subsection 3 of section 11 shall be void i as respects the rights of any member of the recognised association who has entered into such contract in contravention of any, such byelaw, and also ii as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention. 3 nothing in subsection 2 shall affect the right of any person other than a member of the recognised association to enforce any such contract or to recover any sum under or in respect of such contract: provided that such person had no knowledge that such transaction was in contravention of any of the byelaws specified under clause a of subsection 3 of section 11. 13a any forward contract in goods entered into in pursuance of subsection 1 which at the date of the contract is in contravention of any of the byelaws specified in this behalf under clause aa of subsection 3 of section 11 shall be illegal. 4 no member of a recognised association shall, in respect of any goods specified in the notification under subsection 1, enter into any contract on his own account with any person other than a member of the recognised association, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he has bought or sold the goods, as the case may be, on his own account: provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure a written confirmation by such person of such consent or authority within three days from the date of such contract : provided further that in respect of any outstanding contract entered into by a member with a person other than a member of the recognised association, no consent or authority of such person shall be necessary for closing out in accordance with the byelaws the outstanding contract, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he has bought or sold the goods, as the case may be, on his own account 1. ins. by act 62 of , s. 15 w.e.f. .

section 16. of the forward contracts regulation act : where a notification has been issued under section 15, then notwithstanding anything contained in any other law for the time being in force or in anycustom, usage or practice of the trade or the terms of any contract or the byelaws of any association concerned relating to any contract, a every forward contract for the sale or purchase of any goods specified in the notification, 1entered into on or before the date of the notification and remaining to be performed after the said date and which is not in conformity with the provisions of section 15, shall be deemed to be closed out at such rate as the central government may fix in this behalf, and different rates may be fixed for different classes of such contracts b all differences arising out of any contract so deemed to be closed out shall be payable on the basis of the rate fixed under clause a and the seller shall not be bound to give and the buyer shall not be bound to take delivery of the goods. 1. subs. by act 62 of , s. 16, for entered into before the date of the notification w.e.f. .

section 14c. of the forward contracts regulation act : 114c. application of section 8 and 12b to registered association.the provisions of sections 8 and 12b shall apply in relation to a registered association as they apply in relation to a recognised association with the substitution of i references to the registered association, for references to the recognised association and ii the words two years for the words three years in subsection 2 of section 12b. 1. ins. by act 62 of , s. 14 w.e.f. .

section 17. of the forward contracts regulation act : 1 the central government may, by notification in the official gazette, declare that no person shall, save with the permission of the central government, enter into any forward contract for the sale or purchase of any goods or class of goods specified in the notification and to which the provisions of section 15 have not been made applicable, except to the extent and in the manner, if any, as may be specified in the notification. 2 all forward contracts in contravention of the provisions of subsection 1 entered into after the date of publication of the notification thereunder shall be illegal. 3 where a notification has been issued under subsection 1, the provisions of section 16 shall, in the absence of anything to the contrary in the notification, apply to all forward contracts for the sale or purchase of any goods specified in the notification 1entered into on or before the date of the notification and remaining to be performed after the said date as they apply to all forward contracts for the sale: or purchase of any goods specified in the notification under section 15. 1. subs. by act 62 of , s. 16, for entered into before the date of the notification w.e.f. .

section 18. of the forward contracts regulation act : 1 nothing contained in chapter iii or chapter iv shall apply to nontransferable specific delivery contracts for the sale or purchase of any goods: provided that no person shall organise or assist in organising or be a member of any association in any area to which the provisions of section 15 have been made applicable other than a recognised association which provides facilities for the performance of any nontransferable specific delivery contract by any party thereto without having to make or to receive actual delivery to or from the other party to the contract or to or from any other party named in the contract. 2 where in respect of any area the provisions of section 15 have been made applicable in relation to forward contracts for the sale or purchase of any goods or class of goods, the central government may, by a like notification, declare that in the said area or any part thereof as may be specified in the notification all or any of the provisions of chapter iii or chapter iv shall not apply to transferable specific delivery contracts for the sale or purchase of the said goods or class of goods either generally, or to any class of such contracts in particular. 3 notwithstanding anything contained in subsection 1, if the central government is of opinion that in the interest of the trade or in the public interest it is expedient to regulate and control nontransferable specific delivery contracts in any area, it may, by notification in the official gazette, declare that all or any of the provisions of chapters iii and iv shall apply to such class or classes of nontransferable specific delivery contracts in such area and in respect of such goods or class of goods as may be specified in the notification, and may also specify the manner in which and the extent to which all or any of the said provisions shall so apply.

section 19. of the forward contracts regulation act : 1 notwithstanding anything contained in this act or in any other law for the time being in force, all options in goods entered into after the date on which this section comes into force shall be illegal. 2 any option in goods which has been entered into before the date on which this section comes into force and which remains to be performed, whether wholly or in part, after the said date, shall, to that extent, become void.

section 20. of the forward contracts regulation act : 120. penalties.any person who a i in any return, statement or other document required by or under this act, makes a statement which is false in any material particular, knowing it to be false, or willfully omits to make a material statement or ii without reasonable excuse the burden of proving which shall be on him fails to furnish any return, statement or other document or any information or to answer any question or to comply with any requisition made under this act or any rules made thereunder or iii enters into any forward contract during the period of suspension of business of a recognised association in pursuance of a notification under section 14 or b is a member of any association, other than a recognised association, to which a certificate of registration has not been granted under this act or c publishes or circulates information relating to the rate at which any forward contract has been entered into in contravention of any of the byelaws of a recognised association or d organises, or assists in organising, or is a member of, any association in contravention of the provisions contained in the proviso to subsection 1 of section 18 or e enters into any forward contract or any option in goods in contravention of any of the provisions contained in subsection 1 or subsection 3a or subsection 4 of section 15, section 17 or section 19, shall, on conviction, be punishable i for a first offence, with imprisonment which may extend to one year, or with a fine of not less than one thousand rupees, or with both ii for a second or subsequent offence under clause d, or under clause e other than an offence in respect of a contravention of the provisions of subsection 4 of section 15, with imprisonment which may extend to one year and also with fine: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one month and the fine shall not be less than one thousand rupees. 1. subs. by act 62 of , s. 17, for section 20 w.e.f. .

section 21. of the forward contracts regulation act : any person who a owns or keeps a place other man that of a recognised association, which is used for the purpose of entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act and knowingly permits such place to be used for such purposes, or b without the permission of central government, organises, or assists in organising, or becomes a member of, any association, other than a recognised association, for the purpose of assisting in entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act, or c manages, controls or assists in keeping any place other man that of a recognised association, which is used for the purpose of entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act or at which such forward contracts are recorded or adjusted, or rights or liabilities arising out of such forward contracts are adjusted, regulated or enforced in any manner whatsoever, or d not being a member of a recognised association, willfully represents to, or induces, any person to believe that he is a member of a recognised association or that forward contracts can be entered into or made or performed, whether wholly or in part, under this act through him, or e not being a member of a recognised association or his agent authorised as such under the rules or bylaws of such association, canvasses, advertises or touts in any manner, either for himself or on behalf of any other person, for any business connected with forward contracts in contravention of any of the provisions of this act, or f joins, gathers, or assists in gathering at any place, other than the place of business specified in the byelaws of a recognised association, any person or persons for making bids or offers or for entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act, or g makes, publishes or circulates any statement or information which is false and which he either knows or believes to be false, affecting or tending to affect the course of business in forward contracts in respect of goods to which the provisions of section 15 have been made applicable, 1or 1h manipulates or attempts to manipulate prices in respect of forward contracts for the sale or purchase of any goods specified in any notification under section 15, in any area specified in that notification, 2shall, on conviction, be punishable i for a first offence, with imprisonment which may extend to two years, or with fine of not less than one thousand rupees, or with both ii for a second or subsequent offence, with imprisonment which may extend to two years and also with fine: provided that in the absence of special and adequate reasons to the contrary to be entioned in the judgment of the court, the imprisonment shall not be less than one month and the fine shall not be less than one thousand rupees. 1. ins. by act 62 of , s. 18 w.e.f. . 2. subs. by s. 18, ibid., for certain words w.e.f. .

section 22. of the forward contracts regulation act : 1 where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 21a. of the forward contracts regulation act : 121a. power of court to order forfeiture of property.any court trying an offence punishable under section 20 or section 21 may, if it thinks fit and in addition to any sentence which it may impose for such offence, direct that any money, goods or other property in respect of which the offence has been committed, shall be forfeited to the central government. explanation.for the purposes of this section, property in respect of which an offence has been committed, shall include deposits in a bank where the said property is converted into such deposits. 1. ins. by s. 19, ibid. w.e.f.

section 24. of the forward contracts regulation act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall take cognizance of or try any offence punishable under this act.

section 22a. of the forward contracts regulation act : 122a. power to search and seize books of account or other documents.1 any presidency magistrate or a magistrate of the first class may, by warrant, authorise any police officer not below the rank of subinspector to enter upon and search any place where books of account or other documents relating to forward contracts or options in goods entered into contravention of the provisions of this act, may be or may be reasonably suspected to be, and such police officer may seize any such book or document, if in his opinion, it relates to any such forward contract or option in goods. 2 the provisions of the code of criminal procedure, 5 of , shall, so far as may be, apply to any search or seizure made under subsection 1 as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code. 1. ins. by act 62 of , s. 20 w.e.f.

section 22b. of the forward contracts regulation act : 122b. presumptions to be drawn in certain cases.1 where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, months of delivery, receipt or payment of differences or sale or purchase of goods or option in goods, such books of account or other documents shall be admitted in evidence without witnesses having to appear to prove the same and such entries shall be prima facie evidence of the matters, transactions and accounts purported to be therein recorded. 2 in any trial for an offence punishable under section 21, it shall be presumed, until the contrary is proved, that the place in which the books of account or other documents referred to in subsection 1 were seized, was used, and that the persons found therein were present, for the purpose of committing the said offence. 1. ins. by act 62 of , s. 20 w.e.f.

section 23. of the forward contracts regulation act : notwithstanding anything contained in the code of criminal procedure, 5 of , 1the following offences shall be deemed to be cognizable within the meaning of that code, namely: a an offence falling under subclause ii of clause a of section 20 in so far as it relates to the failure to comply with any requisition made under subsection 3 of section 8 b an offence falling under clause d of section 20 c an offence falling under clause e of section 20 other than a contravention of the provisions of subsection 3a or subsection 4 of section 15 d an offence falling under section 21. 1. subs. by s. 21, ibid., for certain words w.e.f. .

section 27. of the forward contracts regulation act : the central government may, by notification in the official gazette, exempt, subject to such conditions and in such circumstances and in such areas as may be specified in the notification, any contract or class of contracts from the operation of all or any of the provisions of this act.

section 25. of the forward contracts regulation act : for the purpose of advising the central government in relation to any matter concerning the operation of this act, the central government may establish an advisory committee consisting of such number of persons as may be prescribed.

section 26. of the forward contracts regulation act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act may, in such circumstances and subject to such conditions, if any, as may be specified, be exercised by such officer or authority, including any state government or officers or authorities thereof as may be specified in the direction.

section 27a. of the forward contracts regulation act : 127a. protection of action taken in good faith.1 no suit or other legal proceeding shall lie in any court against the central government or any member, officer or servant of the commission for anything which is in good faith done or intended to be done under this act, or any rule or byelaw made thereunder. 2 no suit or other legal proceeding shall lie in any court against the government body or any member, officebearer or servant of any recognised association or against any person appointed under subsection 1 of section 13 for anything which is in good faith done or intended to be done with the approval, or at the instance, of the commission and in pursuance of this act, or of any rule or byelaw made thereunder. 1. ins. by act 62 of , s. 22 w.e.f. .

section 28. of the forward contracts regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of carrying into effect, the objects of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the terms and conditions of service of members of the commission b the manner in which applications for recognition may be made under section 5 and the levy of fees in respect thereof c the manner in which any inquiry for the purpose of recognising any association may be made and the form in which recognition shall be granted 1cc the manner in which applications for certificates of registration may be made under section 14a and the levy of fees in respect of such applications d the particulars to be contained in the annual reports of recognised associations e the manner in which the byelaws to be made, amended or revised under this act shall, before being so made, amended or revised be published for criticism f the constitution of the advisory committee established under section 25, the terms of office of and the manner of filling vacancies among members of the committee the interval within which meetings of the advisory committee may be held and the procedure to be followed at such meetings and the matters which may be referred by the central government to the advisory committee for advice g any other matter which is to be or may be prescribed. 23 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by s. 23, ibid. w.e.f. . 2. ins. by act 4 of , s. 2 and the schedule w.e.f.

section 28a. of the forward contracts regulation act : 128a. savings of recognised associations.1 all recognised associations under the forward contracts regulation act, shall be deemed to be recognised stock exchanges under the securities contracts regulation act, 42 of herein referred to as the securities contracts act: provided that such deemed recognised stock exchanges shall not carry out any activity other than the activities of assisting, regulating or controlling the business of buying, selling or dealing in commodity derivatives till the said deemed recognised stock exchanges are specifically permitted by the securities and exchange board of india: provided further that a person buying or selling or otherwise dealing in commodity derivatives as a commodity derivatives broker, or such other intermediary who may be associated with the commodity derivatives market, immediately before the transfer and vesting of rights and assets to the securities and exchange board of india for which no registration certificate was necessary prior to such transfer, may continue to do so for a period of three months from such transfer or, if he has made an application for such registration within the said period of three months, till the disposal of such application. 2 the securities and exchange board of india herein referred to as the security board may provide such deemed exchanges, adequate time to comply with the securities contracts act and any regulations, rules, guidelines or like instruments made under the said act. 3 the byelaws, circulars, or any like instrument made by a recognised association under the forward contracts act shall continue to be applicable for a period of one year from the date on which that act is repealed, or till such time as notified by the security board, as if the forward contracts act had not been repealed, whichever is earlier. 4 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the commission or the central government applicable to recognised associations under the forward contracts act shall continue to remain in force for a period of one year from the date on which that act is repealed, or till such time as notified by the security board, whichever is earlier, as if the forward contracts act had not been repealed. 5 in addition to the powers under the securities contracts regulation act, the security board and the central government shall exercise all powers of the commission and the central government with respect to recognised associations, respectively, on such deemed exchanges, for a period of one year as if the forward contracts act had not been repealed. 1. ins. by act 20 of , s. 131 w.e.f. .

section 29. of the forward contracts regulation act : 129. repeals and savings.if immediately before the date on which this act or any provision contained therein is made applicable to any goods or classes of goods in any state, there is in force in that state any law corresponding to this act or, as the case may be, to any provision contained therein which is applicable to those goods or classes of goods, that law shall stand repealed on the said date: provided that the repeal shall not affect a the previous operation of any law so repealed or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed or c any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed or d any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced: and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed: provided further that, subject to the preceding proviso, anything done or any action taken including any appointment made, notification or order issued, rule, regulation, form or byelaw framed, or recognition granted under any such law shall be deemed to have been done or taken under the corresponding provision of this act, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this act. 1. ins. by act 46 of , s. 3 w.e.f.

section 29a. of the forward contracts regulation act : 129a. repeal and savings.1 the forward contracts regulation act, 74 of is hereby repealed. 2 on and from the date of repeal of forward contracts act a the rules and regulations framed by the central government and the commission under the forward contracts act, shall stand repealed b all authorities and entities established by the central government under the forward contracts act, including the commission and the advisory council established under section 25 of that act, shall stand dissolved c anything done or any action taken or purported to have been done or taken including any inspection, order, penalty, proceeding or notice made, initiated or issued or any confirmation or declaration made or any licence, permission, authorisation or exemption granted, modified or revoked, or any document or instrument executed, or any direction given under the act repealed in subsection 1, shall be continued or enforced by the security board, as if that act had not been repealed d all offences committed, and existing proceedings with respect to offences which may have been committed under the forward contracts act, shall continue to be governed by the provisions of that act, as if that act had not been repealed e a fresh proceeding related to an offence under the forward contracts act, may be initiated by the security board under that act within a period of three years from the date on which that act is repealed and be proceeded with as if that act had not been repealed f no court shall take cognizance of any offence under the forward contracts act from the date on which that act is repealed, except as provided in clauses d and e g clauses d, e and f shall not be held to or affect the general application of section 6 of the general clauses act, 10 of with regard to the effect of repeal to matters not covered under these subsections. 1. sections 29a or 29b shall stand by ins. date to be notified by act 20 of , s. 132

section 29b. of the forward contracts regulation act : 129b. transfer and vesting of undertaking of commission. 1 on the date on which the forward contracts act is repealed, the undertaking shall be transferred, and vest with the securities and exchange board of india. 2 if there is any existing proceeding or cause of action against the commission in relation to the undertaking on the date on which the forward contracts act is repealed, such proceeding or cause of action may be continued and enforced by or against the security board. 3 the concessions, privileges, benefits and exemptions including any benefits and exemptions with regard to the payment of any tax, duty and cess granted to the commission with respect to its undertaking shall be transferred to the security board on the date on which the forward contracts act is repealed. 4 every employee holding any office excluding members of the commission under the commission immediately before the date on which the forward contracts act is repealed, will hold office in the central government or the security board, as the central government may notify in the official gazette, for the same tenure and on the same terms and conditions of service as such employee would have held such office if the commission had not been dissolved: provided that where the central government notifies that an employee of the commission shall continue as an employee of the central government under the foregoing provision, the central government may, at the request of the security board, depute such employee to the security board, for a period not exceeding two years from the date on which the forward contracts act is repealed. 5 within six months from the date on which the forward contracts act is repealed, an employee of the commission opting not to be an employee of the central government or the security board, as the case may be, shall communicate such decision to the central government or security board, as applicable. 6 nothing contained in any other law in force shall entitle any employee to any compensation for the loss of office due to the repeal of the forward contracts act and the consequent dissolution of the commission, and no such claim shall be entertained by any court, tribunal or other authority. 7 the members of the commission appointed by the central government under section 3 of the forward contracts act, shall cease to hold office from the date the forward contracts act is repealed. 8 the members of the commission shall not be entitled to any compensation for the loss of office due to the repeal of the forward contracts act and the consequent dissolution of the commission or for the premature termination of any contract of management entered into by such member with the commission, and no such claim shall be entertained by any court, tribunal or other authority. 9 the transfer and vesting of the undertaking shall not be liable to the payment of any stamp duty under the indian stamp act, 2 of or any applicable stamp duties under state laws. 1. sections 29a or 29b shall stand by ins. date to be notified by act 20 of , s. 132.

section 2. of the economic offences inapplicability of limitationact : nothing in chapter xxxvi of the code of criminal procedure, 2 of shall apply to i any offence punishable under any of the enactments 1 or provisions, if any, thereof specified in the schedule or ii any other offence, which under the provisions of that code, may be tried along with such offence, and every offence referred to in clause i or clause ii may be taken cognizance of by the court having jurisdiction as if the provisions of that chapter were not enacted. 1. ins. by act 65 of , s. 10 w.e.f. .

The Economic Offences (Inapplicability of Limitation)  Act, 1974

section 1. of the economic offences inapplicability of limitationact : 1 this act may be called the economic offences inapplicability of limitation act, . 2 it extends to the territories to which the code of criminal procedure, 2 of applies. 3 it shall come into force on the 1st day of april, .

section 7. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : 1 the central government may, by notification in the official gazette, make rules for the purpose of giving effect to the provisions of this act. 2 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that the modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972

section 1. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : 1 this act may be called the departmental inquiries enforcement of attendance of witnesses and production of documents act, . 2 it extends to the whole of india except the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : the provisions of this act shall apply to every departmental inquiry made in relation to a persons appointed to public services or posts in connection with the affairs of the union b persons who, having been appointed to any public service or post in connection with the affairs of the union, are in service or pay of, i any local authority in any union territory, ii any corporation established by or under a central act and owned or controlled by the central government, iii any government company within the meaning of section 617 of the companies act, 1 of , in which not less than fiftyone per cent. of the paidup share capital is held by the central government or any company which is a subsidiary of such government company, iv any society registered under the societies registration act, 21 of , which is subject to the control of the central government.

section 4. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : 1 where the central government is of opinion that for the purposes of any departmental inquiry it is necessary to summon as witnesses, or call for any document from, any class or category of persons, it may, by notification in the official gazette, authorise the inquiring authority to exercise the power specified in section 5 in relation to any person within such class or category and thereupon the inquiring authority may exercise such power at any stage of the departmental inquiry. 2 the power conferred on the central government by subsection 1 may also be exercised by such authority, not being an authority inferior to the appointing authority in relation to the person against whom the departmental inquiry is being held, as the central government may, by notification in the official gazette, specify in this behalf.

section 6. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : for the purpose of exercising the powers specified in section 5, the territorial jurisdiction of every authorised inquiring authority shall extend to the limits of the territory to which this act extends.

section 3. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : for the purposes of this act, a departmental inquiry means an inquiry held under and in accordance with i any law made by parliament or any rule made thereunder, or ii any rule made under the proviso to article 309, or continued under article 313, of the constitution of india, into any allegation of lack of integrity against any person to whom this act applies b inquiring authority means an officer or authority appointed by the central government or by any officer or authority subordinate to that government to hold a departmental inquiry and includes any officer or authority who is empowered by or under any law or rule for the time being in force to hold such inquiry c lack of integrity includes bribery or corruption.

section 5. of the departmental inquiries enforcement of attendance of witnesses and production of documents act : 1 every inquiring authority authorised under section 4 hereafter referred to as the authorised inquiring authority shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b requiring the discovery and production of any document or other material which is producible as evidence c the requisitioning of any public record from any court or office. 2 notwithstanding anything contained in subsection 1, the authorised inquiring authority shall not compel the reserve bank of india, the state bank of india, any subsidiary bank as defined in clause k of section 2 of the state bank of india subsidiary banks act, 38 of , or any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , a to produce any books of account or other documents which the reserve bank of india, the state bank of india, the subsidiary bank or the corresponding new bank claims to be of a confidential nature, or b to make any such books or documents a part of the record of the proceedings of the departmental inquiry, or c to give inspection of any such books or documents, if produced, to any party before it or to any other person. 3 every process issued by an authorised inquiring authority for the attendance of any witness or for the production of any document shall be served and executed through the district judge within the local limits of whose jurisdiction the witness or other person, on whom the process is to be served or executed, voluntarily resides or carries on business or personally works for gain, and, for the purpose of taking any action for the disobedience of any such process, every such process shall be deemed to be a process issued by the district judge. 4 every authorised inquiring authority making any departmental inquiry under this act shall be deemed to be a civil court for the purposes of sections 480 and 482 of the code of criminal procedure, 5 of .

section 7. of the preference shares regulation of dividends act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 1. of the preference shares regulation of dividends act : this act may be called the preference shares regulation of dividends act, . 2 it extends to the whole of india: provided that it shall not apply to the state of jammu and kashmir except to the extend to which the provision of this act relate to the regulation of dividends on preference shares of banking and insurance companies and financial corporations. 13 notwithstanding anything contained in subsection 2 the provision of this act shall, in their application to the union territory of pondicherry, have effect subject to the modifications specified in the schedule. 1. ins. by act 26 of , s. 3 and the schedule w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6. of the preference shares regulation of dividends act : nothing contained in 1section 3 or section 4 shall apply to such part of any dividend on preference shares as is referred to in clause i of the explanation to subsection 1 of section 85 of the companies act. 1. subs. by act 10 of , s. 72, for this act w.e.f. .

section 2. of the preference shares regulation of dividends act : in this act, unless the context otherwise requires, a companies act, means the companies act, 1 of b company means an indian company as defined in 2clause 26 of section 2 of the incometax act, 43 of and includes a company referred to in subclause ii of clause 17 of the said section which has made arrangements for the declaration and payment of dividends within indian in accordance with the rules made under the said act c preference share means a share which 3 carries, as respects dividends, a preferential right to be paid a fixed amount or an amount calculated at a fixed rate d previous year has the same meaning as in the 4incometax act, 43 of e stipulated dividend, in relation to a preference share, means the fixed amount or the amount calculated at fixed rate which the holder of such share has a preferential right to be paid as dividend f all other word and expressions used but not defined in this act and defined in the companies act shall have the meanings respectively assigned to them in that act. 1. subs. by act 10 of , s. 72, for clause 7a of section 2 of the indian incometax act, and includes a company referred to in subclause ii of clause 5a w.e.f. . 2. the words, figures and letters having been issued and subscribed for before the 1st day of april, omitted by s. 72, ibid. w.e.f. . 3. subs. by s. 72, ibid., for indian incometax act, 11 of w.e.f. .

section 3. of the preference shares regulation of dividends act : 1 where the stipulated dividend in respect of a preference share of a company 1issued and subscribed for before the 1st april, , a is specified to be free of incometax and no deduction is made therefrom on account of the incometax payable by the company, or b was being paid before the 1st april, , without any deduction therefrom on account of the incometax payable by the company, notwithstanding the absence of any specification that the dividend would be free of incometax, every such share shall, as respects dividends declared after the commencement of this act, carry a preferential right to be paid without any deduction aforesaid such amount as would exceed the stipulated dividend by thirty per cent. thereof. 2 where the stipulated dividend in respect of preference share of a company issued and subscribed for after the 31st march, and before the 1st april, is free of incometax, and the company, besides paying the stipulated dividend to the holder such share, pays to government on his behalf any sum on account of incometax payable thereon, then, every such share shall, as respects dividends declared after the commencement of this act, carry a preferential right to be paid free of incometax such amount as together with the sum aforesaid would exceed the stipulated dividend by thirty per cent. thereof. 3 where the stipulated dividend in respect of a preference share of a company2issued and subscribed for before the 1st april, a is specified to be subject to incometax and a deduction is made therefrom on account of the incometax payable by the company, or b was being paid before the 1st april, , subject to a deduction therefrom on account of the incometax payable by the company, notwithstanding the absence of any specification that the dividend would be subject to incometax, then every such share shall, as respects dividends declared after the commencement of this act, carry a preferential right to be paid subject to the deduction aforesaid such amount as would exceed the stipulated dividend by eleven percent.thereof. 4 where a company has in relation to a preference share 2issued and subscribed for before the 1st april, declared, a after the 31st march, , and before he 1st july, , a dividend in respect of a previous year relevant to its assessment year or a subsequent assessment year, or b after the 30th june, , and before the commencement of this act, a dividend in respect of any previous year, it shall declare, in respect of the said previous year, an additional dividend of such amount as, together with the dividend already declared, would exceed the stipulated dividend iby thirty per cent.of the stipulated dividend in the cases referred to in subsection 1, or ii by eleven per cent. of the stipulated dividend in the cases referred to in subsection 3. 5 for the purposes of subsection 1, subsection 3 and subsection 4, any reference therein to the stipulated dividend shall, in respect of a preference share issued and subscribed for on or before the 31st march, , be construed as a reference to the stipulated dividend as on that day. 6 for the removal of doubts, it is hereby declared that any reference in this section 2and section 4a to deduction made from a dividend on account of incometax payable by the company does not include any amount deducted by the company from the dividend under 3section 194 of the incometax act, 43 of . 1. ins. by s. 72, ibid. w.e.f. . 2. ins. by act 10 of , s. 72 w.e.f. . 3. subs. by s. 72, ibid., for subsection 3d of section 18 of the indian incometax act, 11 of w.e.f. .

section 5. of the preference shares regulation of dividends act : 1the provisions of this act shall have effect notwithstanding anything to the contrary contained in any law for the time being in force or in the memorandum or articles of a company or in any agreement between the company and its shareholders or in any resolution passed by the company in a general meeting or by its board of directors. 2 notwithstanding anything contained in this act, a company may, in the manner provided in section 106 of the companies act, increase the amount of dividend in respect of a preference shall beyond the limit specified in section 3 or section 4 of this act.

section 4a. of the preference shares regulation of dividends act : 14a. deduction of incometax. where the stipulated dividend in respect of a preference share of a company a is specified to be subject to incometax and a deduction is made therefrom on account of the incometax payable by the company, or b is being paid subject to a deduction therefrom on account of the incometax payable by the company, notwithstanding the absence of any specification that the dividend would be subject to incometax, 2such deduction made by the company from any dividend declared after the 28th day of february, shall in no case exceed twentyseven and a half per cent. of the aggregate of i the stipulated dividend, and ii an amount equal to eleven per cent. of the stipulated dividend as specified in subsection 3 of section 3. 1. ins. by act 10 of , s. 72 w.e.f. . 2. subs. by act 13 of , s. 52, for certain words, figures, letters and brackets w.e.f. .

section 4. of the preference shares regulation of dividends act : 1where any preference share of a company has been issued and subscribed for before the 1st april, , and any portion of the profits and gains of the company in respect of the relevant period is exempt from incometax under the 2incometax act, 43 of , by reason of such portion being agricultural income, then, for the purpose of the increase in the dividend in relation to any such preference share under the provisions of section 3, the increase of thirty per cent. or eleven per cent. referred to therein shall be taken to be such proportion of the said thirty per cent. or eleven per cent. as the case may be, as the total amount of the profits and gains of the company excluding the portion of the profits and gains which is so exempt in respect of the relevant period bears to the total amount of the profits and gains thereof in respect of that period. explanation. for the purpose of this section, relevant period, in relation to the profits and gains of a company, shall mean a the previous years relevant to such of the three assessment years as immediately precede the assessment year ending on the 31st march, , and in each of which the net result of the computation of profits and gains of the company has not been loss or where there are only two such years, such two years, or where there is only one such year, such one year or b in any case where clause a is not applicable, the previous year relevant to the assessment year ending on the 31st march, or a subsequent assessment year immediately following thereafter in which the net result of the computation of profits and gains has not been a loss. 1. subs. by s. 72, ibid., for certain words w.e.f. . 2. subs. by s. 72, ibid., for indian incometax act, 11 of w.e.f .

section 8. of the sugar development fund act : the central government may require an occupier of a sugar factory to furnish, for the purposes of this act, such statistical and other information, in such form and within such period as may be prescribed.

section 1. of the sugar development fund act : show related subordinates 1 this act may be called the sugar development fund act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 11st june, , vide notification no. g.s.r. 436e, dated 29th may, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the sugar development fund act : 1 there shall be formed a fund to be called the sugar development fund. 2 an amount equivalent to the proceeds of the duty of excise levied and collected under the sugar cess act, 3 of , reduced by the cost of collection as determined by the central government, together with any moneys received by the central government for the purposes of this act, shall, after due appropriation made by parliament by law, be credited to the fund. 3 the fund shall consist of the amounts credited under subsection 2 and any income from investment of such amounts.

section 2. of the sugar development fund act : in this act, unless the context otherwise requires, a committee means the committee constituted under section 6 b fund means the sugar development fund formed under section 3 c prescribed means prescribed by rules made under this act d all other words and expressions used in this act and not defined, but defined in the sugar cess act, 3 of , shall have the meanings respectively assigned to them in that act.

section 7. of the sugar development fund act : the central government shall, as soon as may be, after the end of each financial year, cause to be published in the official gazette, a report giving an account of the activities financed under this act during the financial year, together with a statement of accounts.

section 5. of the sugar development fund act : every application for loan or grant under section 4 shall be made to the committee in such manner and in such form as may be prescribed.

section 9. of the sugar development fund act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for, a the manner in which any loans or grants may be made and the terms and conditions subject to which such loans or grants may be made under section 4 b the manner and form in which applications may be made under section 5 c the composition of the committee under section 6 and the procedure to be followed by the committee in the discharge of its functions under this act d the form in which and the period within which statistical and other information may be furnished under section 8 e any other matter which is required to be or may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 4. of the sugar development fund act : 1 the fund shall be applied by the central government, a for making loans for facilitating the rehabilitation and modernisation of any sugar factory or any unit thereof or the undertaking of any scheme for development of sugarcane in the area in which any sugar factory is situated 1aa for making loans to any sugar factory or any unit thereof for bagassebased cogeneration power projects with a view to improving their viability aaa for making loans to any sugar factory or any unit thereof for production of anhydrous alcohol or ethanol from alcohol with a view to improving their viability b for making grants for the purpose of any research project aimed at development of sugar industry 2bb for defraying expenditure for the purpose of building up and maintenance of buffer stocks of sugar with a view to establishing price of sugar 1bbb for defraying expenditure on internal transport and freight charge to the sugar factories on export shipments of sugar with a view to promoting its export 3bbbb for defraying expenditure for the purpose of financial assistance to sugar factories towards interest on loans given in terms of any scheme approved by the central government from time to time c for defraying any other expenditure for the purposes of this act. 2 the manner in which any loans or grants may be made under this section and the terms and conditions subject to which such loans or grants may be made shall be such as may be prescribed. 1 ins.by act 30 of , s. 2 w.e.f. . 2 ins. by act 64 of , s. 2 w.e.f.. 3 ins. by act 4 of , s. 2 w.e.f. .

section 6. of the sugar development fund act : 1 for the purpose of securing speedy consideration and disposal of applications received under section 5 and for considering any problems arising in the course of the administration of this act, the central government may constitute a committee of officers of that government. 2 the composition of the committee and the procedure to be followed by the committee in the discharge of its functions under this act shall be such as may be prescribed.

section 6. of the vicepresident s pension act : 1 6. power to remove difficulties. 1 if any difficulty arises in giving effect to the provisions of this this act as amended by the vicepresidents pension amendment act, 29 of , the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of two years from the date on which this act comes into force. 2 every order made under subsection 1 shall be laid before each house of parliament. 1. ins. by s. 4, ibid.w.e.f. .

section 2. of the vicepresident s pension act : show related subordinates 1 there shall be paid to every person who ceases to hold office as vicepresident, either by the expiration of his term of office or by resignation of his office, a pension 1 at the rate of fifty per cent. of the salary of the vicepresident per month, for the remainder of his life: provided that such person shall not be entitled to receive any pension during the period he holds the office of the prime minister, a minister or any other office or becomes a member of parliament and is in receipt of salary and allowances which are defrayed out of the consolidated fund of india or the consolidated fund of a state. 2 1a the spouse of a person who dies a while holding the office of vicepresident, or b after ceasing to hold office as vicepresident either by the expiration of his term of office or by resignation of his office, shall be paid a family pension at the rate of fifty per cent. of pension as is admissible to a retiring vicepresident, for the remainder of her life. 2 subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled 3 a to the use without payment of rent of such furnished residence including its maintenance, as the central government may determine from time to time b to the use of similar telephone facilities at his residence, as a member of parliament is entitled to under the provisions of the salary, allowances and pension of members of parliament act, 30 of 4 c to secretarial staff consisting of a private secretary, an additional private secretary, a personal assistant and two peons and office expenses not exceeding 5 pninety thousand rupees per annum d to the same facilities for himself as respects medical attendance and treatment and on the same conditions as a retired president is entitled to under the provisions of the presidents emoluments and pension act, 30 of e to the same facilities for his spouse and minor children as respects medical attendance and treatment and on the same conditions as the spouse of a retired president is entitled to under the provisions of the presidents emoluments and pension act, 30 of and 6 f to travel anywhere in india, accompanied by spouse or a companion or a relative, by the highest class by air, rail or steamer 7 3 where any such person is reelected to the office of vicepresident, he or his spouse shall not be eligible to any benefit under this section for the period during which such person again holds such office. 4 where any person being a vicepresident gets elected to the office of the president of india, he or his spouse shall not be eligible to any benefit under this section. 1 subs. by act 29 of , s. 2, for of twenty thousand rupees w.e.f. . 2 ins. by act 23 of , s. 2 w.e.f. . 3 subs. by act 45 of , s. 2, for clause a w.e.f. . 4 subs. by act 29 of , s. 2, for clause c w.e.f. . 5 subs. by act 13 of , s. 204, for sixty thousand rupees w.e.f. . 6 subs. by act 45 of , s. 2, for clause f w.e.f. . 7 ins. by s. 2, ibid. w.e.f. .

section 1. of the vicepresident s pension act : show related subordinates this act may be called the vicepresidents pension act, .

section 5. of the vicepresident s pension act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 4. of the vicepresident s pension act : any sum payable under this act shall be charged on the consolidated fund of india.

section 3a. of the vicepresident s pension act : show related subordinates 1 3a. free accommodation to spouse of vicepresident. subject to any rules that may be made in this behalf, the spouse of a person who dies a while holding the office of vicepresident, or b after ceasing to hold office as vicepresident either by the expiration or his term of office or by resignation of his office, shall be entitled to the use of 2 furnished residence including its maintenance without payment of licence fee, for the remainder of her life. 1 ins. by act 23 of , s. 3 w.e.f.. 2 subs. by act 29 of , s. 3, for unfurnished residence w.e.f. .

section 3. of the vicepresident s pension act : show related subordinates subject to any rules that may be made in this behalf, the spouse of a person who dies while holding the office of vicepresident shall, for the remainder of life, be entitled to medical attendance and treatment, free of charge.

section 8. of the levy sugar price equalisation fund act : 1 any money paid into the fund, which remains unclaimed after the expiry of the period of six months from the date on which it is credited to the fund, shall vest in the central government and such amount shall be utilised by that government in such manner as may be prescribed having regard to the interests of the consumers of levy sugar as a class and the need to ensure that the retail price of levy sugar throughout india is uniform: provided that, notwithstanding the vesting of such money in the central government, a claim for the refund of money standing to the credit of the fund may be made in the manner specified in subsection 2 of section 6 at any time by a buyer who is lawfully entitled to make such claim, and every such claim, if admitted, shall be dealt with as if the money relatable to such claim had not vested in the central government. 2 the central government shall not grant any loan or give any financial assistance from the fund except for the purposes of this act. 3 the central government shall maintain, or if it thinks fit specify the authority which shall maintain, proper and separate account and other relevant records in relation to the fund in such form as may be prescribed in consultation with the comptroller and auditor general of india.

section 7. of the levy sugar price equalisation fund act : notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract, no amount, representing excess realisations made by a producer or excess realisations made by a producer under the cover of any guarantee given by any person shall be paid to any producer.

section 1. of the levy sugar price equalisation fund act : show related subordinates 1 this act may be called the levy sugar price equalisation fund act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 1st april, , vide notification no. g.s.r. 251e, dated 25th march, , see gazette of india, extraordinary, part ii, sec. 3i. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the levy sugar price equalisation fund act : in this act, unless the context otherwise requires, a controlled price means the price of the relevant grade of levy sugar, determined from time to time under subsection 3c of section 3 of the essential commodities act, 10 of , or under the defence and internal security of india rules, , in relation to any year of production b excess realisation, in relation to each grade of levy sugar, i means the price realised by any producer, on the sale of levy sugar of such grade, in excess of a the controlled price, or b where any fair price has been fixed by a court for levy sugar of such grade, such fair price, and ii includes any realisation representing the difference between the controlled price and the price allowed by the court by an interim order, if such interim order is set aside, whether by the court which made the order or in appeal or revision 1 explanation.for the removal of doubts, it is hereby declared that where in relation to levy sugar of any grade sold by any producer, the producer has realised towards duties of excise with respect to such sugar any amount in excess of the amount payable by way of such duties, such excess shall also be deemed to be excess realisation within the meaning of this clause c fair price, in relation to levy sugar, means the price fixed by the court in excess of the controlled price, and, where an interim price, fixed by the court, is superseded by a price which is finally fixed by the court, the price so finally fixed d fund means the levy sugar price equalisation fund, established under section 3 2 e levy sugar means the sugar requisitioned by the central government under clause f of subsection 2 of section 3 of the essential commodities act, 10 of f prescribed means prescribed by rules made under this act g producer means a person carrying on the business of manufacturing sugar by the vacuum pan process. 1 the explanation ins. by act 54 of , s. 2 w.e.f. . 2 subs. by s. 2, ibid., for clause e w.e.f. .

section 9. of the levy sugar price equalisation fund act : the central government may, if it is satisfied that it is expedient or necessary so to do for carrying out the provisions of this act, by an order, direct any producer to maintain such books of account and other records in relation to levy sugar as it may think fit and to produce such books of account and other records for inspection and may also direct such producer to furnish such information relating to levy sugar as may be specified in the order.

section 4. of the levy sugar price equalisation fund act : if any question arises as to whether any producer has realised, on the sale of levy sugar, any amount in excess of the controlled price, or, as the case may be, the fair price, it shall be decided by the central government after giving an opportunity to such producer of being heard and after making such inquiry as that government may deem fit.

section 3. of the levy sugar price equalisation fund act : 1 there shall be established a fund, to be called the levy sugar price equalisation fund. 2 save as otherwise 1 provided in subsection 5, there shall be credited to the fund, in such manner as may be prescribed, a the amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of this act b the amounts representing any loans which may be advanced, or grants which may be made, by the central government for carrying out the objects of the fund. 3 save as otherwise 1 provided in subsection 5, every producer shall, a in the case of an excess realisation made before the commencement of this act, within thirty days from such commencement, b in the case of an excess realisation made after such commencement, within thirty days from the date on which such excess realisation was made, credit to the fund, the amount representing such excess realisations, together with interest due thereon at the rate of twelve and a half per cent. per annum, from the date on which such amount was realised by him: 2 provided that a the interest due on so much of any amount of any excess realisation made before the date of commencement of levy sugar price equalisation fund amendment act, 54 of , as is not credited to the fund together with interest at the aforesaid rate of twelve and a half per cent. per annum before the expiry of sixty days from the date of such commencement and b the interest due on so much of the amount of any excess realisation made on or after the date of such commencement as is not credited to the fund together with interest at the aforesaid rate of twelve and a half per cent. per annum within sixty days from the date on which such amount was realised, shall be at the rate of fifteen per cent. per annum from the date on which such amount was realised by the producer. 3 5 where, in pursuance of an 4 interim order made by any court, whether before or after the commencement of this act any amount representing the difference between the controlled price and the interim price allowed by the court is, a held by any producer either with himself or with any other person or with any court, government, bank or other authority, or b collected and kept by the producer under the cover of any guarantee, such producer shall, on the final disposal of the proceedings of the court aforesaid, 5 credit to the fund, within sixty days from the date of such final disposal, such amount, to the extent it represents any excess realisation together with interest due thereon at the rate of twelve and a half per cent. per annum from the date on which such amount was realised by him: provided that i the interest due on so much of such amount as was realised before the date of commencement of the levy sugar price equalisation fund amendment act, 54 of and is not credited to the fund together with interest at the aforesaid rate of twelve and a half per cent. per annum before the expiry of sixty days from the date of such commencement, and ii the interest due on so much of such amount as is realised after such commencement and not credited to the fund together with interest at the aforesaid rate of twelve and a half per cent. per annum within sixty days from the date on which such amount was realised, shall be at the rate of fifteen per cent. per annum from the date on which such amount was realised by the producer 6 5a notwithstanding anything contained in subsection 5, the interest payable on the amount of any excess realisation required to be credited to the fund under that subsection in respect of any period during which such amount was by reason of any order of any court held by the producer with any other person or with any court, government, bank or other authority referred to in clause a of that subsection, shall be the interest which actually accrued on such amount in respect of such period. 6 5b without prejudice to the provisions of subsection 5, any amount representing the difference between the controlled price and the interim price allowed by the court which a is held by any producer with any other person or with any court, government, bank or other authority referred to in clause a of that subsection, or b is under the cover of any guarantee referred to in clause b of that subsection, shall, as soon as may be after the final disposal of the proceedings of the court aforesaid, be credited, to the extent such amount represents excess realisation together with the interest, if any, which has accrued thereon or been guaranteed in respect thereof, to the fund by such other person, the court, government, bank or other authority aforesaid or, as the case may be, by the bank or other person furnishing such guarantee and the amount so credited shall be set off against the amount including interest required to be credited by the producer under subsection 5. 5c the provisions of subsection 5b shall apply in relation to every amount representing the difference between the controlled price and the interim price allowed by the court which, immediately before the commencement of the levy sugar price equalisation fund amendment act, 54 of a is held by any producer with any other person or with any court, government, bank or other authority mentioned in clause a of that subsection, or b is under the cover of any guarantee mentioned in clause b of that subsection, notwithstanding that the final disposal of the proceedings of the court aforesaid took place before such commencement and for this purpose the reference in that subsection to final disposal of the proceedings of the court shall be construed as a reference to such commencement. 5d where any amount is credited to the fund under subsection 5b, such crediting shall, a in a case falling under clause a of that subsection, operate as the discharge of the liability in relation to such amount of the person, court, government, bank or other authority so crediting the amount b in a case falling under clause b of that subsection, have effect as if it had been made in accordance with the guarantee given by the bank or other person crediting the amount and for this purpose such guarantee shall be deemed to have provided for such crediting. 6 for the removal of doubts, it is hereby declared that the obligation to credit amounts representing excess realisations to the fund shall be in addition to any penalty which may be imposed for the contravention of any provision of this act. 7 the fund shall be administered, subject to the provisions of section 8, by the central government. 1. subs. by act 54 of , s. 3, for provided in subsection 4 w.e.f. . 2. the proviso ins. by s. 3, ibid. w.e.f. . 3. subsection 4 omitted by s. 3, ibid. w.e.f. . 4. subs. by s. 3, ibid., for interim order referred to in subsection 4 w.e.f. . 5. subs. by s. 3, ibid., for certain words w.e.f. . 6. ins. by act 54 of , s. 3 w.e.f. .

section 6. of the levy sugar price equalisation fund act : 1 where any amount is credited to the fund, a refund shall be made from the fund to the buyer of levy sugar from whom any excess realisation was made by the producer or dealer: provided that no buyer shall be entitled to claim a refund under this subsection if he, a being a wholesale dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the retail dealer by whom the price of such sugar was paid, or b being a retail dealer, had passed on the incidence of such excess over the controlled or fair price of levy sugar to the consumer by whom the price of such sugar was paid, 1 or 1 c being a person who is not a wholesale dealer or a retail dealer had passed on the incidence of such excess over the controlled or fair price of levy sugar to any other person as part of the price of any product in the manufacture of which such sugar has been used or, as the case may be, to the consumer by whom the price of such sugar was paid. 2 every application for refund under subsection 1 shall be made to the central government within six months from the date on which the excess realisation, in relation to which such refund is claimed, is credited to the fund, and every such application shall be in such form as may be prescribed and shall be accompanied by such documentary or other evidence as the applicant may furnish to establish that the excess realisation, in relation to which such refund is claimed, was made from him. 3 the central government shall, if satisfied, on a scrutiny of the claim made under subsection 1, that an excess realisation was made from the claimant, direct that refund be made from the fund to the claimant to the extent of the 2 excess realisation made from him together with interest if any thereon credited to the fund: provided that if the amount standing to the credit of the fund is not sufficient to enable the central government to make the refund, such refund shall be made from the central revenues. 1. ins. by s. 5, ibid. w.e.f. . 2. subs. by s. 5, ibid., for excess realisation made from him w.e.f. .

section 5. of the levy sugar price equalisation fund act : where any amount is credited to the fund under section 3, 1 the producer concerned shall, upon such crediting, be discharged from the liability to make repayment of such amounts to the persons entitled thereto and such discharge from liability to make repayment shall be without any prejudice to any penalty which may be imposed on such producer for each excess realisation made by him. 1. subs. by act 54 of , s. 4, for the producer by whom such amount is credited w.e.f. .

section 12. of the levy sugar price equalisation fund act : the central government may, by notification in the official gazette, declare that, with effect from such date as may be specified in the notification, the fund shall cease to exist and thereupon all the amounts lying to the credit of the fund shall be credited to the central revenues and refund, if any, made, by the central government, after such cesser, to any buyer of levy sugar shall be treated as an order for the refund of revenue.

section 10. of the levy sugar price equalisation fund act : 1 any authority specified by the central government in this behalf may, if it is satisfied that any provision of this act has been, or is being, or is about to be, contravened, authorise any person to enter and search any premises where any accounts, books, registers and other documents relating to levy sugar and belonging to, or under the control of, a producer or his agent, are maintained or kept for safe custody. 2 the person so authorised may seize any such accounts, books, registers or other documents if he has any reason to believe that a contravention of this act has been, or is being, or is about to be, committed: provided that the accounts, books, registers or other documents seized under this section shall not be retained in custody of the central government for a period exceeding ninety days: provided further that where such accounts, books, registers and other documents are required for the purposes of any prosecution, they may be retained in the custody of the central government for a further period, not exceeding ninety days, for the purposes of such prosecution. 3 the provisions of the code of criminal procedure, 2 of , relating to searches and seizures, shall, so far as may be, apply to searches and seizures made under this act.

section 16. of the levy sugar price equalisation fund act : show related subordinates 1 the central government may make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which amounts shall be credited to the fund under section 3 b the form in which an application for refund, referred to in section 6, shall be made c the manner in which amounts standing to the credit of the fund shall be utilised, as required by section 8 d the form in which the account and the relevant records, referred to in subsection 3 of section 8, shall be maintained e any other matter in relation to which such rules are required to be, or may be, made. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 11. of the levy sugar price equalisation fund act : if any producer makes any default in crediting to the fund 1 any excess realisation made by him, or any interest due on such excess realisation or any part of such excess realisation or interest, such excess realisation or such interest or such part, as the case may be, shall be recoverable by the central government from such producer as an arrear of land revenue. 1. subs. by act 54 of , s. 6, for any excess realisations made by him or any part thereof, such excess realisations or such part w.e.f. .

section 13. of the levy sugar price equalisation fund act : 1 if any producer a makes any default in crediting to the fund any excess realisations made by him or any part thereof 13 any excess realisation made by him or any interest due on such excess realisation or any part of such excess realisation or interest, or b having been required by the central government so to do, omits or fails to i maintain any books, accounts or other records in relation to levy sugar, or ii produce any books, accounts or other records for inspection, or iii furnish any information or furnishes any information which is incorrect or false in material particulars, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both. 2 no court shall take cognizance of any offence punishable under this act except on the complaint in writing made by the central government or by any officer or authority authorized, in writing, by that government in this behalf. 1 ins. by s. 7, ibid. w.e.f. .

section 15. of the levy sugar price equalisation fund act : no suit, prosecution or other legal proceeding shall lie against the central government or any person authorised by the central government for anything which is in good faith done or intended to be done under this act or any rule or order made thereunder.

section 14. of the levy sugar price equalisation fund act : if any difficulty arises in giving effect to any provision of this act, the central government may make such order, not inconsistent with the provisions of this act, as may appear to it to be necessary to remove the difficulty.

section 3. of the departmentalisation of union accounts transfer of personnelact : show related subordinates 1 the departmentalisation of union accounts transfer of personnel ordinance, 2 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

The Departmentalisation of Union Accounts (Transfer of Personnel) Act, 1976

section 2. of the departmentalisation of union accounts transfer of personnelact : 1 where the president has by order under the first proviso to subsection 1 of section 10 of the comptroller and auditorgenerals duties, powers and conditions of service act, 56 of , provided for relieving, with effect from any date hereinafter referred to as the prescribed date, the comptroller and auditorgeneral from the responsibility for compiling any accounts of the union or of any services or departments of the union as may be specified in such order, then, subject to the provisions of this act, it shall be lawful for the central government, on the advice of a committee established under subsection 2, to transfer, by order and with effect from such date or dates which may be either retrospective to any date not earlier than the prescribed date or prospective as may be specified in the order, to any ministry or department of the central government or any of its attached or subordinate offices, any of the officers or employees serving in the indian audit and accounts department, for the purpose of facilitating the efficient discharge by such ministry, department or office of the responsibility of compiling such accounts: provided that no order under this subsection shall be made in relation to any such officer or employee serving in the indian audit and accounts department who has, in respect of the proposal made on the advice of the committee to transfer such officer or employee under this subsection, intimated, within such time as may be specified in this behalf his unwillingness to be so transferred, unless the central government is of opinion that it is necessary in the public interest to transfer such officer or employee as aforesaid: provided further that nothing in this subsection shall affect the right of any such officer or employee to resign or retire from service in accordance with the rules applicable to him in the indian audit and accounts department. 2 the central government may, by order, establish one or more advisory committees consisting of such number of members as it thinks fit for the purpose of assisting it in regard to the transfer of officers and employees under subsection 1. 3 an officer or other employee transferred to any ministry, department or office of the central government by an order made under subsection 1 shall, on and from the date of transfer, cease to be an officer or employee in the indian audit and accounts department and shall, subject to the provisions of subsection 4 and of any law or rules made under chapter i of part xiv of the constitution, hold office in such ministry, department or office with such designation as the central government may specify. 4 every officer or employee transferred under subsection 1 shall be entitled to be appointed to a post carrying a scale of pay not less favourable than that of the post which he held immediately before the date of such transfer and in the same capacity whether substantive or officiating in which he held the post last mentioned: provided that if immediately before the date of such transfer any such officer or employee is officiating in a higher post in the indian audit and accounts department either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy.

section 1. of the departmentalisation of union accounts transfer of personnelact : 1 this act may be called the departmentalisation of union accounts transfer of personnel act, . 2 it shall be deemed to have come into force on the 1st day of march, .

section 7. of the prevention of cruelty to animals act : 1 the central government shall appoint 1 the secretary of the board. 2 subject to such rules as may be made by the central government in this behalf, the board may appoint such number of other officers and employees as may be necessary for the exercise of its powers and the discharge of its functions and may determine the terms and conditions of service of such officers and other employees by regulations made by it with the previous approval of the central government. 1. the words one of its officers to be omitted by s. 8, ibid. w.e.f. .

section 1. of the prevention of cruelty to animals act : show related subordinates 1 this act may be called the prevention of cruelty to animals act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates 1 may be appointed for different states and for the different provisions contained in this act. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2 1st april, , vide notification no.s.o.823, dated the 1st april, , in respect of the state of punjab and the union territory of andaman and nicobar island, see gazette of india , part ii, sec. 3ii. 1st september, , vide notification no. s.o. , dated the 25th august, , for chapters i and ii in respect of the states of assam, andhra pradesh, bihar, gujarat, kerala, madras, maharashtra, madhya pradesh, mysore, orissa, uttar pradesh and west bengal and the union territories of delhi, manipur and tripura, see gazette of india, , part ii, sec. 3ii. 2nd october, , vide notification no. s.o. , dated 15th september , chapters i and ii in respect of the union territory of himachal pradesh, gazette of india, part ii, sec. 3ii. 26th january, , vide notification no. s.o. 21, dated 28th december, , provisions of chapters i and ii in respect of the state of rajasthan, see gazette of india, part ii, sec. 3ii. 15th july, , vide notification no. s.o. , dated 11th july, , chapter iv in respect of the states of assam, andhra pradesh, bihar, gujarat, kerala, madras, maharashtra, madhya pradesh, mysore, orissa, rajasthan, uttar pradesh and west bengal and in respect of the union territories of delhi, himachal pradesh, manipur and tripura, see gazette of india, part ii, sec. 3ii. 20th november, , vide notification no. s.o. , dated 29th october, , chapters iii and vi in respect of the states of assam, andhra pradesh, bihar, gujarat, kerala, madras, maharashtra, madhya pradesh, mysore, orissa, rajasthan and uttar pradesh and in respect of the union territories of delhi, himachal pradesh, manipur and tripura, see gazette of india. part ii, sec. 3ii. 24th may, , vide notification no. s.o. , dated 24th may , provisions of chapter v in respect of all the states and the union territories to which this act extends except the state of jammu and kashmir. this act has been extended to goa, daman and diu by reg. 11 of , s. 3 and sch. and comes into force in pondicherry vide reg. 7 of , s. 3 and sch.i w.e.f. . and brought into force in dadra and nagar haveli by reg. 6 of , s. 2 and sch. i w.e.f. .

section 5. of the prevention of cruelty to animals act : 1 the board shall consist of the following persons, namely: a the inspectorgeneral of forests, government of india, ex officio b the animal husbandry commissioner to the government of india, ex officio 1ba two persons to represent respectively the ministries of the central government dealing with home affairs and education, to be appointed by the central government bb one person to represent the indian board for wild life, to be appointed by the central government bc three persons who, in the opinion of the central government, are or have been actively engaged in animal welfare work and are wellknown humanitarians, to be nominated by the central government c one person to represent such association of veterinary practitioners as in the opinion of the central government ought to be represented on the board, to be elected by that association in the prescribed manner d two persons to represent practitioners of modern and indigenous systems of medicine, to be nominated by the central government 2e one person to represent each of such two municipal corporations as in the opinion of the central government ought to be represented on the board, to be elected by each of the said corporations in the prescribed manner f one person to represent each of such three organisations actively interested in animal welfare as in the opinion of the central government ought to be represented on the board, to be chosen by each of the said organisations in the prescribed manner g one person to represent each of such three societies dealing with prevention of cruelty to animals as in the opinion of the central government ought to be represented on the board, to be chosen in the prescribed manner h three persons to be nominated by the central government i six members of parliament, four to be elected by the house of the people lok sabha and two by the council of states rajya sabha. 2 any of the persons referred to in clause a or 3clause b or clause ba or clause bb of subsection 1 may depute any other person to attend any of the meetings of the board. 43 the central government shall nominate one of the members of the board to be its chairman and another member of the board to be its vicechairman. 1 ins. by act 26 of , s. 5 w.e.f. . 2 subs. by s. 5, ibid., for clause e w.e.f. . 3 subs. by s. 5, ibid., for clause b w.e.f. . 4 subs. by s. 5, ibid., for subsection 3 w.e.f. .

section 6. of the prevention of cruelty to animals act : 16. term of office and conditions of service of members of the board. 1 the term for which the board may be reconstituted under section 5a shall be three years from the date of the reconstitution and the chairman and other members of the board as so reconstituted shall hold office till the expiry of the term for which the board has been so reconstituted. 2 notwithstanding anything contained in subsection 1, a the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member b the term of office of a member elected or chosen under clause c, clause e, clause f, clause g, clause h or clause i of section 5 to represent any body of persons shall come to an end as soon as he ceases to be a member of the body which elected him or in respect of which he was chosen c the term of office of a member appointed, nominated, elected or chosen to fill a casual vacancy shall continue for the remainder of the term of office of the member in whose place he is appointed, nominated, elected or chosen d the central government may, at any time, remove for reasons to be recorded in writing a member from office after giving him a reasonable opportunity of showing cause against the proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for the purpose of clause c. 3 the members of the board shall receive such allowances, if any, as the board may, subject to the previous approval of the central government, provide by regulations made in this behalf. 4 no act done or proceeding taken by the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board and in particular, and without prejudice to the generality of the foregoing, during the period intervening between the expiry of the term for which the board has been reconstituted under section 5a and its further reconstitution under that section, the ex officio members of the board shall discharge all the powers and functions of the board. 1 subs. by act 26 of , s.7, for section 6 w.e.f. .

section 8. of the prevention of cruelty to animals act : the funds of the board shall consist of grants made to it from time to time by the government and of contributions, donations, subscriptions, bequests, gifts and the like made to it by any local authority or by any other person.

section 3. of the prevention of cruelty to animals act : it shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the wellbeing of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering. state amendments karnataka amendment of section 3.section 3 of the principal act, shall be renumbered as subsection 1 of that section and after subsection 1 as so renumbered, the following subsection shall be inserted, namely: 2 notwithstanding anything contained in subsection 1 conduct of kambala or bulls race or bullock cart race shall be permitted, subject to condition that no unnecessary pain or suffering is caused to the animals, by the person incharge of that animal used to conduct kambala or bulls race or bullock cart race as the case may be and subject to such other conditions as may be specified, by the state government, by notification. vide karnataka act 2 of , s. 3. maharashtra amendment of section 3 of 59 of .section 3 of the principal act shall be renumbered as subsection 1 thereof and after subsection 1 as so renumbered, the following subsections shall be added, namely: 2 notwithstanding anything contained in subsection 1, the bullock cart race may be conducted with the prior permission of the collector, subject to the condition that no pain or suffering as envisaged by or under the act is caused to the animal by any person or person in charge of the animal used to conduct bullock cart race and subject to such other conditions as may be prescribed by rules under section 38b by the state government. 3 if any person or person in charge of the animals conducts bullock cart race in contravention of the conditions laid down in subsection 2 or rules made thereunder relating to the bullock cart race or causes pain or suffering to the animal, he shall be punished with fine which may extend upto rupees five lakhs or imprisonment for a term which may extend upto three years.. vide maharashtra act 45 of , s. 3.

section 9. of the prevention of cruelty to animals act : show related subordinates the functions of the board shall be a to keep the law in force in india for the prevention of cruelty to animals under constant study and advise the government on the amendments to be undertaken in any such law from time to time b to advise the central government on the making of rules under this act with a view to preventing unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement c to advise the government or any local authority or other person on improvements in the design of vehicles so as to lessen the burden on draught animals d to take all such steps as the board may think fit for 1amelioration of animals by encouraging, or providing for, the construction of sheds, watertroughs and the like and by providing for veterinary assistance to animals e to advise the government or any local authority or other person in the design of slaughterhouses or in the maintenance of slaughterhouses or in connection with slaughter of animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the preslaughter stages as far as possible, and animals are killed, wherever necessary, in as humane a manner as possible f to take all such steps as the board may think fit to ensure that unwanted animals are destroyed by local authorities, whenever it is necessary to do so, either instantaneously or after being rendered insensible to pain or suffering g to encourage, by the grant of financial assistance or otherwise 2the formation or establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like where animals and birds may find a shelter when they have become old and useless or when they need protection h to cooperate with, and coordinate the work of, associations or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds i to give financial and other assistance to animal welfare organisations functioning in any local area or to encourage the formation of animal welfare organisations in any local area which shall work under the general supervision and guidance of the board j to advise the government on matters relating to the medical care and attention which may be provided in animal, hospitals and to give financial and other assistance to animal hospitals whenever the board thinks it necessary to do so k to impart education in relation to the humane treatment of animals and to encourage the formation of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion of animal welfare by means of lectures, books, posters, cinematographic exhibitions and the like l to advise the government on any matter connected with animal welfare or the prevention of infliction of unnecessary pain or suffering on animals. 1 subs. by act 26 of , s. 9, for ameliorating the condition of beasts of burden w.e.f. . 2 subs. by s. 9, ibid., for the formation of pinjrapoles, sanctuaries and the like w.e.f.

section 2. of the prevention of cruelty to animals act : in this act, unless the context otherwise requires, a animal means any living creature other than a human being 1b board means the board established under section 4, and as reconstituted from time to time under section 5a c captive animal means any animal not being a domestic animal which is in captivity or confinement, whether permanent or temporary, or which is subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement or which is pinioned or which is or appears to be maimed d domestic animal means any animal which is tamed or which has been or is being sufficiently tamed to serve some purpose for the use of man or which, although it neither has been nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tamed e local authority means a municipal committee, district board or other authority for the time being invested by law with the control and administration of any matters within a specified local area f owner, used with reference to an animal, includes not only the owner but also any other person for the time being in possession or custody of the animal, whether with or without the consent of the owner g phooka or doom dev includes any process of introducing air or any substance into the female organ of a milch animal with the object of drawing off from the animal any secretion of milk h prescribed means prescribed by rules made under this act i street includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, to which the public have access. state amendments karnataka amendment of section 2.in section 2 of the prevention of cruelty to animals act, central act 59 of hereinafter referred to as the principal act, i after clause a, the following shall be inserted, namely: aa bulls race or bullock cart race means any form of bulls race including race of bullock cart as a traditional sports involving bulls whether tied to cart with the help of wooden yoke or not in whatever name called normally held as a part of tradition and culture in the state on such days and places, as may be notified by the state government. and ii after clause d, the following shall be inserted, namely: dd kambala means the traditional sports event involving buffalos male race normally held as a part of tradition and culture in the state on such days and places, as may be notified by the state government. vide karnataka act 2 of , s. 2. maharashtra amendment of section 2 of 59 of .in section 2 of the prevention of cruelty to animals act, 59 of , in its application to the state of maharashtra hereinafter referred to as the principal act, after clause b, the following clause shall be inserted, namely: bb bullock cart race means an event involving bulls or bullocks to conduct a race, whether tied to cart with the help of wooden yoke or not by whatever name called, with or without a cartman with a view to follow tradition and culture on such days and in any district where it is being traditionally held at such places, as may be previously approved by the district collector, and also known as bailgada sharyat, chhakadi and shankarpat in the state of maharashtra. vide maharashtra act 45 of , s. 2. 1 . subs. by act 26 of , s. 2, for clause b w.e.f. .

section 4. of the prevention of cruelty to animals act : show related subordinates 1 for the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular, there shall be established by the central government, as soon as may be after the commencement of this act, a board to be called the 1animal welfare board of india. 2 the board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by its name sue and be sued. 1 subs. by s. 4, ibid., for animal welfare board w.e.f. .

section 5a. of the prevention of cruelty to animals act : show related subordinates 15a. reconstitution of the board. 1 in order that the chairman and other members of the board hold office till the same date and that their terms of office come to an end on the same date, the central government may, by notification in the official gazette, reconstitute, as soon as may be after the prevention of cruelty to animals amendment act, 26 of comes into force, the board. 2 the board as reconstituted under subsection 1 shall be reconstituted from time to time on the expiration of every third year from the date of its reconstitution under subsection 1. 3 there shall be included amongst the members of the board reconstituted under subsection 1, all persons who immediately before the date on which such reconstitution is to take effect, are members of the board but such persons shall hold office only for the unexpired portion of the term for which they would have held office if such reconstitution had not been made and the vacancies arising as a result of their ceasing to be members of the board shall be filled up as casual vacancies for the remaining period of the term of the board as so reconstituted: provided that nothing in this subsection shall apply in relation to any person who ceases to be a member of the board by virtue of the amendment made in subsection 1 of section 5 by subclause ii of clause a of section 5 of the prevention of cruelty to animals amendment act, 26 of . 1 ins. by s. 6, ibid. w.e.f. .

section 10. of the prevention of cruelty to animals act : the board may, subject to the previous approval of the central government, make such regulations as it may think fit for the administration of its affairs and for carrying out its functions.

section 11. of the prevention of cruelty to animals act : 1 if any person a beats, kicks, overrides, overdrives, overloads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated or b 1employs in any work or labour or for any purpose any animal which, by reason of its age or any disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed c wilfully and unreasonably administers any injurious drug or injurious substance to 2any animal or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2any animal or d conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering or e keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement or f keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord or g being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement or h being the owner of 3any animal fails to provide such animal with sufficient food, drink or shelter or i without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst or j wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street or k offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other illtreatment or 4l multilates any animal or kills any animal including stray dogs by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner or 5m solely with a view to providing entertainment i confines or causes to be confined any animal including tying of an animal as a bait in a tiger or other sanctuary so as to make it an object of prey for any other animal or ii incites any animal to fight or bait any other animal or n 6 organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes or o promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting he shall be punishable, 7in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twentyfive rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both. 2 for the purposes of subsection 1, an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence: provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. 3 nothing in this section shall apply to a the dehorning of cattle, or the castration or branding or noseroping of any animal, in the prescribed manner or b the destruction of stray dogs in lethal chambers or 8by such other methods as may be prescribed or c the extermination or destruction of any animal under the authority of any law for the time being in force or d any matter dealt with in chapter iv or e the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering. state amendments karnataka amendment of section 11.in section 11 of the principal act, in subsection 3, after clause e, the following shall be inserted, namely: f the conduct of kambala with a view to follow and promote tradition and culture and ensure preservation of native breed of buffalos as also their safety, security and wellbeing. g the conduct of bulls race or bullock cart race with a view to follow and promote tradition and culture and ensure preservation of native breed of cattle as also their safety, security and wellbeing. vide karnataka act 2 of , s. 4. maharashtra. amendment of section 11 of 59 of .in section 11 of the principal act, in subsection 3, after clause c, the following clause shall be inserted, namely: c1 the conduct of bullock cart race in accordance with the provisions of subsection 2 of section 3 or participation therein with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their purity, safety, security and well being or. vide maharashtra act 45 of , s. 4. 1 subs. by act 26 of , s.10, for certain words w.e.f. . 2 subs. by s. 10, ibid., for any domestic or captive animal w.e.f. . 3 subs. by s. 10, ibid., for any captive animal w.e.f. . 4 subs. by act 26 of , s. 10, for clause l w.e.f. . 5 subs. by s. 10, ibid., for clause m w.e.f. . 6. the words for the purposes of his business omitted by s.10, ibid. w.e.f. . 7 subs. by s. 10, ibid., for certain words w.e.f. . 8 subs. by s. 10, ibid., for by other methods with a minimum of suffering w.e.f. .

section 16. of the prevention of cruelty to animals act : subject to the control of the central government, the committee may appoint such number of officers and other employees as may be necessary to enable it to exercise its powers and perform its duties, and may determine the remuneration and other terms and conditions of service of such officers and other employees.

section 13. of the prevention of cruelty to animals act : 1 where the owner of an animal is convicted of an offence under section 11, it shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed and to assign the animal to any suitable person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible, destroy such animal or cause such animal to be destroyed in his presence without unnecessary suffering, and any reasonable expense incurred in destroying the animal may be ordered by the court to be recovered from the owner as if it were a fine: provided that unless the owner assents thereto, no order shall be made under this section except upon the evidence of a veterinary officer in charge of the area. 2 when any magistrate, commissioner of police or district superintendent of police has reason to believe that an offence under section 11 has been committed in respect of any animal, he may direct the immediate destruction of the animal, if in his opinion, it would be cruel to keep the animal alive. 3 any police officer above the rank of a constable or any person authorised by the state government in this behalf who finds any animal so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary office certifies that the animal is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep it alive, the police officer or the person authorised, as the case may be may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed 1in such manner as may be prescribed. 4 no appeal shall lie from any order of a magistrate for the destruction of an animal. 1 ins. by s.12, ibid. w.e.f. .

section 12. of the prevention of cruelty to animals act : if any person performs upon any cow or other milch animal the operation called phooka or 1doom dev or any other operation including injection of any substance to improve lactation which is injurious to the health of the animal or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the government. 1 subs. by act 26 of , s. 11, for doom dev w.e.f. .

section 17. of the prevention of cruelty to animals act : 1 it shall be the duty of the committee to take all such measures as may be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during or after the performance of experiments on them, and for that purpose it may, by notification in the gazette of india and subject to the condition of previous publication, make such rules as it may think fit in relation to the conduct of such experiments. 11a in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely: a the registration of persons or institutions carrying on experiments on animals b the reports and other information which shall be forwarded to the committee by persons and institutions carrying on experiments on animals. 2 in particular, and without prejudice to the generality of the foregoing power, rules made by the committee shall be designed to secure the following objects, namely: a that in cases where experiments are performed in any institution, the responsibility therefor is placed on the person in charge of the institution and that, in cases where experiments are performed outside an institution by individuals, the individuals are qualified in that behalf and the experiments are performed on their full responsibility b that experiments are performed with due care and humanity, and that as far as possible experiments involving operations are performed under the influence of some anaesthetic of sufficient power to prevent the animals feeling pain c that animals which, in the course of experiments under the influence of anesthetics, are so injured that their recovery would involve serious suffering, are ordinarily destroyed while still insensible d that experiments on animals are avoided wherever it is possible to do so as for example, in medical schools, hospitals, colleges and the like, if other teaching devices such as books, models, films and the like may equally suffice e that experiments on larger animals are avoided when it is possible to achieve the same results by experiments upon small laboratory animals like guineapigs, rabbits, frogs and rats f that, as far as possible, experiments are not performed merely for the purpose of acquiring manual skill g that animals intended for the performance of experiments are properly looked after both before and after experiments h that suitable records are maintained with respect to experiments performed on animals. 3 in making any rules under this section, the committee shall be guided by such directions as the central government consistently with the objects for which the committee is set up may give to it, and the central government is hereby authorised to give such directions. 4 all rules made by the committee shall be binding on all individuals performing experiments outside institutions and on persons in charge of institutions in which experiments are performed. 1 ins. by s. 14, ibid. w.e.f. .

section 14. of the prevention of cruelty to animals act : nothing contained in this act shall render unlawful the performance of experiments including experiments involving operations on animals for the purpose of advancement by new discovery of physiological knowledge or of knowledge which will be useful for saving or for prolonging life or alleviating suffering or for combating any disease, whether of human beings, animals or plants.

section 15. of the prevention of cruelty to animals act : show related subordinates 1 if at any time, on the advice of the board, the central government is of opinion that it is necessary so to do for the purpose of controlling and supervising experiments on animals, it may, by notification in the official gazette, constitute a committee consisting of such number of officials and nonofficials, as it may think fit to appoint thereto. 2 the central government shall nominate one of the members of the committee to be its chairman. 3 the committee shall have power to regulate its own procedure in relation to the performance of its duties. 4 the funds of the committee shall consist of grants made to it from time to time by the government and of contributions, donations, subscriptions, bequests, gifts and the like made to it by any person.

section 18. of the prevention of cruelty to animals act : for the purpose of ensuring that the rules made by it are being complied with, the committee may authorise any of its officers or any other person in writing to inspect any institution or place where experiments are being carried on and report to it as a result of such inspection, and any officer or person so authorised may a enter at any time considered reasonable by him and inspect any institution or place in which experiments on animals are being carried on and b require any person to produce any record kept by him with respect to experiments on animals.

section 15a. of the prevention of cruelty to animals act : show related subordinates 115a. subcommittees. 1 the committee may constitute as many subcommittees as it thinks fit for exercising any power or discharging any duty of the committee or for inquiring into or reporting and advising on any matter which the committee may refer. 2 a subcommittee shall consist exclusively of the members of the committee. 1. ins. by act 26 of , s. 13 w.e.f. .

section 19. of the prevention of cruelty to animals act : if the committee is satisfied, on the report of any officer or other person made to it as a result of any inspection under section 18 or otherwise, that the rules made by it under section 17 are not being complied with by any person or institution carrying on experiments on animals, the committee may, after giving an opportunity to the person or institution of being heard in the matter, by order, prohibit the person or institution from carrying on any such experiments either for a specified period or indefinitely, or may allow the person or institution to carry on such experiments subject to such special conditions as the committee may think fit to impose.

section 20. of the prevention of cruelty to animals act : if any person a contravenes any order made by the committee under section 19 or b commits a breach of any condition imposed by the committee under that section he shall be punishable with fine which may extend to two hundred rupees, and, when the contravention or breach of condition has taken place in any institution, the person in charge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly.

section 21. of the prevention of cruelty to animals act : in this chapter, exhibit means exhibit at any entertainment to which the public are admitted through sale of tickets and train means train for the purpose of any such exhibition, and the expressions exhibitor and trainer have respectively the corresponding meanings.

section 26. of the prevention of cruelty to animals act : if any person a not being registered under this chapter, exhibits or trains any performing animal or b being registered under this act, exhibits or trains any performing animal with respect to which, or in a manner with respect to which, he is not registered or c exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause ii of section 22 or d obstructs or wilfully delays any person or police officer referred to in section 25 in the exercise of powers under this act as to entry and inspection or e conceals any animal with a view to avoiding such inspection or f being a person registered under this act, on being duly required in pursuance of this act to produce his certificate under this act, fails without reasonable excuse so to do or g applies to be registered under this act when not entitled to be so registered he shall be punishable on conviction with fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both.

section 22. of the prevention of cruelty to animals act : show related subordinates no person shall exhibit or train i any performing animal unless he is registered in accordance with the provisions of this chapter ii as a performing animal, any animal which the central government may, by notification in the official gazette, specify as an animal which shall not be exhibited or trained as a performing animal. state amendments karnataka amendment of section 22.in section 22 of the principal act, at the end, the following proviso shall be inserted, namely: provided that nothing contained in this section shall apply to conduct of kambala or bulls race or bullock cart race as the case may be. vide karnataka act 2 of , s. 5. maharashtra amendment of section 22 of 59 of .in section 22 of the principal act, the following proviso shall be added, namely: provided that, nothing contained in this section shall apply to the conduct of bullock cart race in accordance with the provisions of subsection 2 of section 3.. vide maharashtra act 45 of , s. 5.

section 27. of the prevention of cruelty to animals act : nothing contained in this chapter shall apply to a the training of animals for bona fide military or police purposes or the exhibition of any animals so trained or b any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes. state amendments karnataka amendment of section 27.in section 27 of the principal act, after clause b, the following shall be inserted, namely: c the conduct of kambala with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of buffaloes. d the conduct of bulls race or bullock cart race with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of cattle. vide karnataka act 2 of , s. 6. maharashtra amendment of section 27 of 59 of .in section 27 of the principal act, after clause a, the following clause shall be inserted, namely: a1 the conduct of bullock cart race in accordance with the provisions of subsection 2 of section 3, with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of bulls or. vide maharashtra act 45 of , s. 6.

section 24. of the prevention of cruelty to animals act : 1 where it is proved to the satisfaction of any magistrate on a complaint made by a police officer or an officer authorised in writing by the prescribed authority referred to in section 23, that the training or exhibition of any performing animal has been accompanied by unnecessary pain or suffering and should be prohibited or allowed only subject to conditions, the court may make an order against the person in respect of whom the complaint is made, prohibiting the training or exhibition or imposing such conditions in relation thereto, as may be specified by the order. 2 any court by which an order is made under this section shall cause a copy of the order to be sent, as soon as may be after the order is made, to the prescribed authority by which the person against whom the order is made is registered, and shall cause the particulars of the order to be endorsed upon the certificate held by that person, and that person shall produce his certificate on being so required by the court for the purposes of endorsement, and the prescribed authority to which a copy of an order is sent under this section shall enter the particulars of the order in that register.

section 23. of the prevention of cruelty to animals act : 1 every person desirous of exhibiting or training any performing animal shall, on making an application in the prescribed form to the prescribed authority and on payment of the prescribed fee, be registered under this act unless he is a person who, by reason of an order made by the court under this chapter, is not entitled to be so registered. 2 an application for registration under this chapter shall contain such particulars as to the animals and as to the general nature of the performances in which the animals are to be exhibited or for which they are to be trained as may be prescribed, and the particulars so given shall be entered in the register maintained by the prescribed authority. 3 the prescribed authority shall give to every person whose name appears on the register kept by them, a certificate of registration in the prescribed form containing the particulars entered in the register. 4 every register kept under this chapter shall at all reasonable times be open for inspection on payment of the prescribed fee, and any person shall, on payment of the prescribed fee, be entitled to obtain copies thereof or make extracts therefrom. 5 any person whose name is entered in the register shall, subject to the provisions of any order made under this act by any court, be entitled, on making an application for the purpose, to have the particulars entered in the register with respect to him varied, and where any such particulars are so varied, the existing certificate shall be cancelled and a new certificate issued.

section 28. of the prevention of cruelty to animals act : nothing contained in this act shall render it an offence to kill any animal in a manner required by the religion of any community. state amendments karnataka insertion of new section 28a.after section 28 of the principal act, the following shall be inserted, namely: 28a. savings in respect of kambala or bulls race or bullock cart race.nothing contained in this act, shall apply to kambala or bulls race or bullock cart race conducted to follow and promote tradition and culture and such conduct of kambala or bulls race or bullock cart race shall not be an offence under this act. vide karnataka act 2 of , s. 7. maharashtra insertion of section 28a in 59 of . after section 28 of the principal act, the following section shall be inserted, namely: 28a. saving in respect of bullock cart race. nothing contained in this act shall apply to the bullock cart race conducted in accordance with the provisions or subsection 2 of section 3 to follow and promote tradition and culture and such conduct shall not be an offence under this act.. vide maharashtra act 45 of , s. 7.

section 25. of the prevention of cruelty to animals act : 1 any person authorised in writing by the prescribed authority referred to in section 23 and any police officer not below the rank of a subinspector may a enter at all reasonable times and inspect any premises in which any performing animals are being trained or exhibited or kept for training or exhibition, and any such animals found therein and b require any person who, he has reason to believe, is a trainer or exhibitor of performing animals to produce his certificate of registration. 2 no person or police officer referred to in subsection 1 shall be entitled under this section to go on or behind the stage during a public performance of performing animals.

section 36. of the prevention of cruelty to animals act : a prosecution for an offence against this act shall not be instituted after the expiration of three months from the date of the commission of the offence.

section 29. of the prevention of cruelty to animals act : 1 if the owner of any animal is found guilty of any offence under this act, the court, upon his conviction thereof, may, if it thinks fit, in addition to any other punishment, make an order that the animal with respect to which the offence was committed shall be forfeited to government and may, further, make such order as to the disposal of the animal as it thinks fit under the circumstances. 2 no order under subsection 1 shall be made unless it is shown by evidence as to a previous conviction under this act or as to the character of the owner or otherwise as to the treatment of the animal that the animal, it left with the owner, is likely to be exposed to further cruelty. 3 without prejudice to the provisions contained in subsection 1, the court may also order that a person convicted of an offence under this act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as the court thinks fit, of any animal of any kind or species specified in the order. 4 no order under subsection 3 shall be made unless a it is shown by evidence as to a previous conviction or as to the character of the said person or otherwise as to the treatment of the animal in relation to which he has been convicted that an animal in the custody of the said person is likely to be exposed to cruelty b it is stated in the complaint upon which the conviction was made that it is the intention of the complainant upon the conviction of the accused to request that an order be made as aforesaid and c the offence for which the conviction was made was committed in an area in which under the law for the time being in force a licence is necessary for the keeping of any such animal as that in respect of which the conviction was made. 5 notwithstanding anything to the contrary contained in any law for the time being in force, any person in respect of whom an order is made under subsection 3 shall have no right to the custody of any animal contrary to the provisions of the order, and if he contravenes the provisions of any order, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 6 any court which has made an order under subsection 3 may at any time, either on its own motion or on application made to it in this behalf, rescind or modify such order.

section 30. of the prevention of cruelty to animals act : if any person is charged with the offence of killing a goat, cow or its progeny contrary to the provisions of clause l of subsection 1 of section 11, and it is proved that such person had in his possession, at the time the offence is alleged to have been committed, the skin of any such animal as is referred to in this section with any part of the skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal was killed in a cruel manner.

section 31. of the prevention of cruelty to animals act : notwithstanding anything contained in the code of criminal procedure, 5 of , an offence punishable under clause l, clause n or clause o of subsection 1 of section 11 or under section 12 shall be a cognizable offence within the meaning of that code.

section 35. of the prevention of cruelty to animals act : 1 the state government may, by general or special order, appoint infirmaries for the treatment and care of animals in respect of which offences against this act have been committed, and may authorise the detention therein of any animal pending its production before a magistrate. 2 the magistrate before whom a prosecution for an offence against this act has been instituted may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the veterinary officer in charge of the area in which the animal is found or such other veterinary officer as may be authorised in this behalf by rules made under this act certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed. 3 an animal sent for care and treatment to an infirmary shall not, unless the magistrate directs that it shall be sent to a pinjrapole, or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by rules made under this act. 4 the cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of rates to be prescribed by the district magistrate, or, in presidencytowns, by the commissioner of police: provided that when the magistrate so orders on account of the poverty of the owner of the animal no charge shall be payable for the treatment of the animal. 5 any amount, payable by an owner of an animal under subsection 4 may be recovered in the same manner as an arrear of land revenue. 6 if the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied to the payment of such cost. 7 the surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale, be paid to him.

section 32. of the prevention of cruelty to animals act : 1 if a police officer not below the rank of subinspector or any person authorised by the state government in this behalf has reason to believe that an offence under clause l of subsection 1 of section 11 in respect of any such animal as is referred to in section 30 is being, or is about to be, or has been, committed in any place, or that any person has in his possession the skin of any such animal with any part of the skin of the head attached thereto, he may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize such skin or any article or thing used or intended to be used in the commission of such offence. 2 if a police officer not below the rank of subinspector, or any person authorised by the state government in this behalf, has reason to believe that phooka or 1doom dev or any other operation of the nature referred to in section 12 has just been, or is being, performed on any animal within the limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be, and may seize the animal and produce it for examination by the veterinary officer in charge of the area in which the animal is seized. 1 subs. by act 26 of , s.15, for doom dev w.e.f. .

section 33. of the prevention of cruelty to animals act : 1 if a magistrate of the first or second class or a presidency magistrate or a subdivisional magistrate or a commissioner of police or district superintendent of police, upon information in writing, and after such inquiry as he thinks necessary, has reason to believe that an offence under this act is being, or is about to be, or has been committed in any place, he may either himself enter and search or by his warrant authorise any police officer not below the rank of subinspector to enter and search the place. 2 the provisions of the code of criminal procedure, 5 of , relating to searches shall, so far as those provisions can be made applicable, apply to searches under this act.

section 38. of the prevention of cruelty to animals act : show related subordinates 1 the central government may, by notification in the official gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the central government may make rules providing for all or any of the following matters, namely: a the 1 conditions of service of members of the board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions 2aa the manner in which the persons to represent municipal corporations are to be elected under clause e of subsection 1 of section 5 b the maximum load including any load occasioned by the weight of passengers to be carried or drawn by any animal c the conditions to be observed for preventing the overcrowding of animal d the period during which, and the hours between which, any class of animals shall not be used for draught purposes e prohibiting the use of any bit or harness involving cruelty to animals 2ea the other methods of destruction of stray dogs referred to in clause b of subsection 3 of section 11 eb the methods by which any animal which cannot be removed without cruelty may be destroyed under subsection 3 of section 13 f requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose g the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose and the licensing of such capture and the levying of fees for such licences h the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported. i requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality j the form in which applications for registration under chapter v may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made 3ja the fees which may be charged by the committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose k the purposes to which fines realised under this act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals l any other matter which has to be, or may be, prescribed. 3 if any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. 4 1. the words terms and omitted by act 26 of , s.16 w.e.f. . 2. ins. by s.16, ibid. w.e.f. . 3. ins. by act 26 of , s.16 w.e.f. . 4. subsection 4 omitted by s.16, ibid. w.e.f. .

section 34. of the prevention of cruelty to animals act : any police officer above the rank of a constable or any person authorised by the state government in this behalf, who has reason to believe that an offence against this act has been or is being, committed in respect of any animal, may, if in his opinion the circumstances so require, seize the animal and produce the same for examination by the nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or authorised person may, when seizing the animal, require the person in charge thereof to accompany it to the place of examination.

section 39. of the prevention of cruelty to animals act : every person authorised by the state government under section 34 shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 40. of the prevention of cruelty to animals act : no suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be, a public servant within the meaning of section 21 of the indian penal code 45 of respect of anything in good faith done or intended to be done under this act.

section 38a. of the prevention of cruelty to animals act : 138a. rules and regulations to be laid before parliament. every rule made by the central government or by the committee constituted under section 15 and every regulation made by the board shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment, shall be without prejudice to the validity of anything previously done under that rule or regulation. state amendment maharashtra. insertion of section 38b in 59 of .after section 38a of the principal act, the following section shall be inserted, namely: 38b. power of state government to make rules.1 the state government may, subject to the condition of previous publication, by notification in the official gazette, make the rules, not inconsistent with the rules made by the central government, if any, for carrying into effect the provisions of subsection 2 of section 3 of the act. 2 every rule made under this section shall be laid, as soon as may be, after it is made, before each house of the state legislature, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in rule or both houses agree that the rule should not be made, and notify such decision in the official gazette, the rule shall, from the date of publication of such notification , have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.. vide maharashtra act 45 of , s. 8. 1. ins. by s. 17, ibid. w.e.f. .

section 37. of the prevention of cruelty to animals act : the central government may, by notification in the official gazette, direct that all or any of the powers exercisable by it under this act, may, subject to such conditions as it may think fit to impose, be also exercisable by any state government.

section 41. of the prevention of cruelty to animals act : where in pursuance of a notification under subsection 3 of section 1 any provision of this act comes into force in any state, any provision of the prevention of cruelty to animals act, 11 of , which corresponds to the provision so coming into force, shall thereupon stand repealed.

section 7. of the warehousing corporationsact : 1 the board of directors referred to in section 6 shall consist of the following, namely: a six directors to be nominated by the central government 1 c one director to be nominated by the state bank d one director to be elected by other scheduled banks e one director to be elected by cooperative societies f one director to be elected by insurance companies, investment trusts and other financial institutions, recognised associations and companies dealing in agricultural produce or notified commodities 2ff three directors to be appointed by the central government g a managing director, appointed by the central government in consultation with the directors referred to in clauses a to f: provided that the three directors to be elected under clauses d, e and f may, for the first constitution of the board of directors, be nominated by the central government in such manner as to give representation to each class of institutions whether they have become shareholders of the corporation or not referred to in those clauses, but a director so nominated shall hold office only until he is replaced by a director elected as provided in that clause, and the director so elected shall hold office only for so long as the director replaced would have held office had he not been replaced. 2 the directors referred to in clauses d, e and f of subsection 1 shall be elected in the prescribed manner. 3 if, within the period prescribed in this behalf, or within such further period as the central government may allow, the institutions referred to in clause d or clause e or clause f of subsection 1 fail to elect a director, the central government may nominate a director to fill the vacancy. 4 the board of directors shall have a chairman 3 who shall be appointed by the central government from among the directors. 24a the directors appointed under clause ff of subsection 1 shall be entitled to receive such salary and allowances as the central warehousing corporation may, with the approval of the central government, determine. 5 the managing director shall a exercise such powers and perform such duties as the board of directors or the central warehousing corporation may entrust or delegate to him and b receive such salary and allowances as the central warehousing corporation may, with the approval of the central government, fix. 6 the directors of the central warehousing corporation other than the managing director shall be entitled to receive by way of remuneration such sums as the central warehousing corporation may, with the approval of the central government, fix: provided that no official director shall be entitled to receive any remuneration other than the allowances, if any, admissible to him under the rules regulating his conditions of service. 7 the term of office of, and the manner of filling casual vacancies among, the directors shall be such as may be prescribed. 1. clause b omitted by act 45 of , s. 2 w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. the words and a vicechairman omitted by s. 2, ibid. w.e.f. .

section 1. of the warehousing corporationsact : 1 this act may be called the warehousing corporations act, . 2 it extends to the whole of india 1 . 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 37 of , s. 2 w.e.f. . 2. 18th march, vide notification no. g.s.r. 463, dated 16th march, , see gazette of india, extraordinary, pt. ii, sec. 3 i. this act shall, in its application to the states specified in the schedule to act 20 of , have effect as if in clause e of section 2 the words and figures being a commodity with respect to which parliament has power to make laws by virtue of entry 33 in list iii in the seventh schedule to the constitution had been omitted: vide act 20 of , s. 2 w.e.f. .

section 2. of the warehousing corporationsact : in this act, unless the context otherwise requires, a agricultural produce means any of the following classes of commodities, namely: i foodstuffs, including edible oilseeds ii cattle fodder, including oilcakes and other concentrates iii raw cotton, whether ginned or unginned, and cotton seed iv raw jute and v vegetable oils b appropriate government means in relation to the central warehousing corporation, the central government, and in relation to a state warehousing corporation, the state government c central warehousing corporation means the central warehousing corporation established under section 3 d cooperative society means a society registered or deemed to be registered under the cooperative societies act, 2 of , or under any other law with respect to cooperative societies for the time being in force in any state, which is engaged in the processing, marketing, storage, export or import of agricultural produce or any notified commodity or in insurance business and includes a cooperative land mortgage bank 1dd nationalised bank means a corresponding new bank specified in the first schedule to the banking companies acquisition and transfer of undertakings act, 5 of 2or a corresponding new bank specified in the first schedule to the banking companies acquisition and transfer of undertakings act, 40 of . e notified commodity means any commodity other than agricultural produce which the central government may, by notification in the official gazette, declare to be a notified commodity for the purposes of this act, being a commodity with respect to which parliament has power to make laws by virtue of entry 33 in list iii in the seventh schedule to the constitution f prescribed means prescribed by rules made under this act g recognised association means an association which is for the time being recognised by the central government under section 6 of the forward contracts regulation act, 74 of h reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of i scheduled bank means a bank for the time being included in the second schedule to the reserve bank of india act, 2 of 3, and includes a nationalised bank j state bank means the state bank of india constituted under the state bank of india act, 23 of k state warehousing corporation means a warehousing corporation for a state established or deemed to be established under this act l warehousing corporation means a warehousing corporation established or deemed to be established under this act and m year means the financial year. 1. ins. by act 42 of , s. 2 w.e.f. . 2. added by act 37 of , s. 3 w.e.f. . 3. ins. by act 42 of , s. 2 w.e.f. .

section 6. of the warehousing corporationsact : 1 the general superintendence and management of the affairs and business of the central warehousing corporation shall vest in a board of directors who, with the assistance of an executive committee and a managing director, may exercise all the powers and discharge all the functions which may be exercised or discharged by the central warehousing corporation under this act. 2 the board of directors shall act on business principles having regard to public interest and shall be guided by such instructions on questions of policy as may be given to them by the central government. 3 if any doubt arises as to whether a question is or is not a question of policy, the decision of the central government shall be final.

section 3. of the warehousing corporationsact : 1 with effect from such date as the central government may, by notification in the official gazette, specify in this behalf, the central government shall establish a corporation by the name of the central warehousing corporation which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may, by the said name, sue and be sued. 2 the headoffice of the central warehousing corporation shall be at new delhi 1or at such other place as the central government may, by notification in the official gazette, specify. 1. ins. by act 34 of , s. 2 w.e.f. .

section 8. of the warehousing corporationsact : a person shall be disqualified for being chosen as, and for being, a director of the central warehousing corporation i if he is found to be a lunatic or becomes of unsound mind or ii if he is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors or iii if he is or has been convicted of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, unless a period of five years has elapsed from the date of expiry of the sentence or iv if he has been removed or dismissed from the service of government or a corporation owned and controlled by the government or v except in the case of 1the directors appointed under clause ff of subsection 1 of section 7 and the managing director, if he is a salaried official of the central warehousing corporation or any state warehousing corporation or vi if he is personally interested in any subsisting contract made with, or in any work being done for the central warehousing corporation except as a shareholder other than a director in any public company as defined in the companies act, 1 of : provided that where any such person is a shareholder, he shall disclose to the central warehousing corporation the nature and extent of shares held by him in such company. 1. subs. by act 45 of , s. 3, for the managing director w.e.f. .

section 2a. of the warehousing corporationsact : 12a. construction of references to any law not in force or any functionary not in existence in any state.any reference in this act to any law which is not in force, or any functionary not in existence, in any state, shall, in relation to that state, be construed as a reference to the corresponding law in force, or the corresponding functionary in existence, in that state. 1. ins. by act 37 of , s. 4 w.e.f. .

section 4. of the warehousing corporationsact : 1 the authorised share capital of the central warehousing corporation shall be twenty crores of rupees divided into two hundred thousand shares of the face value of one thousand rupees each any shares remaining to be issued may be issued, with the sanction of the central government from time to time, as and when the central warehousing corporation may deem fit: 1provided that the central government may, from time to time, by order notified in the official gazette, increase the authorised share capital of the central warehousing corporation to such extent and in such manner as that government may determine. 2 2the central government shall, after due appropriation made by parliament by law for the purpose, subscribe for forty per cent. of the share capital issued at any time and the remaining sixty per cent. of the share capital may be subscribed for, within such period and in such proportion as may be specified by the central government, by the following institutions, namely: a the state bank b other scheduled banks c cooperative societies d insurance companies, investment trusts and other financial institutions e recognised associations and companies dealing in agricultural produce or any notified commodity. 3 if any portion of the sixty per cent. of the share capital referred to in subsection 2 remains unallotted, it may be subscribed for by the central government and the state bank in such proportion as may be agreed upon between them and in default of such agreement, as may be determined by the central government. 4 the shares of the central warehousing corporation shall not be transferable except to the central government, 3the state bank or any other scheduled bank, any insurance company, any investment trust or other financial institution or any cooperative society or any recognised association or company dealing in agricultural produce or any notified commodity, in accordance with the regulations made by the central warehousing corporation under this act. 1. the proviso ins. by act 42 of , s. 3 w.e.f. . 2. subs. by act 42 of , s. 3, for the central government shall w.e.f. . 3. subs. by s. 3, ibid., for the state bank, any scheduled bank w.e.f. .

section 5. of the warehousing corporationsact : 1 the shares of the central warehousing corporation shall be guaranteed by the central government as to the repayment of the principal and the payment of the annual dividend at such minimum rate as may be fixed by the central government, by notification published in the official gazette, at the time of the issue of the shares. 2 notwithstanding anything contained in the acts mentioned in this subsection, the shares of the central warehousing corporation shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 2 of , and also to be approved securities for the purpose of the insurance act, 4 of and the banking companies act, 10 of .

section 10., and their conditions of service. of the warehousing corporationsact : 1 the central warehousing corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions. 2 every person employed by the central warehousing corporation under this act shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations made by the corporation under this act.

section 9. of the warehousing corporationsact : 1 the central government may, at any time in consultation with the central warehousing corporation, remove the managing director from office after giving him a reasonable opportunity of showing cause against the proposed removal. 2 the board of directors may remove from office any director who a is or has become subject to any of the disqualifications mentioned in section 8 or b is absent without leave of the board of directors for more than three consecutive meetings of the board without cause sufficient in the opinion of the board, to exonerate his absence.

section 11. of the warehousing corporationsact : subject to the provisions of this act, the central warehousing corporation may a acquire and build godowns and warehouses at such suitable places in india 1 or aboard as it thinks fit b run warehouses for the storage of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities offered by individuals, co operative societies and other institutions c arrange facilities for the transport of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities to and from warehouses d subscribe to the share capital of a state warehousing corporation e act as agent of the government for the purposes of the purchase, sale, storage and distribution of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities 2 3ea enter into, with the previous approval of the central government, joint ventures with any corporation established by or under any central act or any state act or with any company formed and registered under the companies act, 1 of including foreign company or through its subsidiary companies, for carrying out the purposes of this act. explanation.for the purposes of this clause, the expression foreign company shall have the meaning assigned to it under clause 23a of section 2 of the incometax act, 43 of . eb establish subsidiary companies and f carry out such other functions as may be prescribed. 1. ins. by act 23 of , s. 2 w.e.f. . 2. the word and omitted by act 23 of , s. 2 w.e.f. . 3 ins. by s. 2, ibid. w.e.f. .

section 12. of the warehousing corporationsact : 1 there shall be an executive committee of the central warehousing corporation which shall consist of a the chairman 1 of the board of directors b the managing director and c two other directors chosen by the corporation in the prescribed manner. 22 the chairman of the board of directors shall be the chairman of the executive committee. 3 subject to the general control, direction and superintendence of the board of directors, the executive committee shall be competent to deal with any matter within the competence of the central warehousing corporation. 1. the word and the vicechairman omitted by act 45 of , s. 4 w.e.f. . 2. subs. by s. 4, ibid., for subsection 2 w.e.f. .

section 18. of the warehousing corporationsact : 1 the state government may, by notification in the official gazette and with the approval of the central warehousing corporation, establish a warehousing corporation for the state under such name as may be specified in the notification. 2 a state warehousing corporation established under subsection 1 shall be a body corporate by the name notified under that subsection, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and may, by the said name, sue and be sued. 3 the headoffice of a state warehousing corporation shall be at such place within the state as may be notified in the official gazette. 4 notwithstanding anything contained in subsections 1, 2 and 3, it shall not be necessary for the state government to establish a corporation under subsection 1 where, under clause g of subsection 2 of section 43, a corporation is deemed to be established for that state under this act.

section 13. of the warehousing corporationsact : 1 the annual general meeting of the central warehousing corporation hereinafter referred to as the annual general meeting shall be held every year either at its headoffice or at any other office of the corporation within six months of the close of the financial year, and any other general meeting may be convened by the board of directors at any other time. 2 the shareholders present at the annual general meeting shall be entitled to discuss the annual accounts, the report of the board of directors on the working of the corporation during the year under report, as well as the auditors report on the annual balancesheet and accounts. 3 the board of directors of the central warehousing corporation shall, on the requisition of onethird of the number of shareholders of the corporation, call a special meeting of the corporation. 4 the requisition for a special meeting under subsection 3 shall state the object of the meeting, and shall be signed by the requisitionists and deposited at the headoffice of the corporation, and may consist of several documents in like form each signed by one or more requisitionists. 5 if the board of directors of the central warehousing corporation do not proceed within twentyone days from the date of the requisition being so deposited to cause the special meeting to be called, the requisitionists, or a majority of them, may, themselves call the meeting, but in either case, the meeting so called shall be held within three months from the date of the deposit of the requisition. 6 the central warehousing corporation shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the central warehousing corporation under this act.

section 14. of the warehousing corporationsact : 1 the central government may, after due appropriation made by parliament by law in this behalf, pay to the central warehousing corporation for the purposes of either fund maintained by the corporation a by way of grants, such sums of money as the central government may consider necessary and b by way of loans, such sums of money on such terms and conditions as the central government may determine 2 when making a payment under subsection 1, the central government shall specify the fund for the purposes of which the payment is made.

section 15. of the warehousing corporationsact : the central warehousing corporation shall maintain two separate funds, namely: a the central warehousing fund hereinafter referred to as the warehousing fund and b the general fund.

section 16. of the warehousing corporationsact : 1 to the warehousing fund shall be credited a all moneys and other securities transferred to the central warehousing corporation under clause c of subsection 2 of section 43 b such grants and loans as the central government may make for the purposes of the warehousing fund and c such sums of money as may, from time to time, be realised out of the loans made from the warehousing fund or from interest on loans or dividends on investments made from that fund. 2 the warehousing fund shall be applied a for advancing loans to state governments on such terms and conditions as the central warehousing corporation may deem fit for the purpose of enabling them to subscribe to the share capital of state warehousing corporations b for advancing loans and granting subsidies to state warehousing corporations or to state governments on such terms and conditions as the central warehousing corporation may deem fit for the purpose of promoting the warehousing and storage of agricultural produce and notified commodities, otherwise than through cooperative societies 1c for meeting the expenses incurred in relation to the training of personnel, or publicity and propaganda, for the purpose of promoting warehousing and storage of agricultural produce and notified commodities d for meeting the expenses, including the salary, allowances and other remuneration of the officers and other employees, incurred in relation to the administration of the warehousing fund. 1. ins. by act 42 of , s. 4 w.e.f. .

section 17. of the warehousing corporationsact : 1 to the general fund shall be credited a all sums received by the central warehousing corporation other than those referred to in subsection 1 of section 16 and b such grants and loans as the central government may make for the purposes of the general fund. 2 the general fund shall be applied a for meeting the salary, allowances and other remuneration of the officers and other employees of the central warehousing corporation b for meeting the other administrative expenses of the corporation and c for carrying out the purposes of this act: 1provided that the general fund shall not be applied for meeting the expenses referred to in clause c or clause d of subsection 2 of section 16. 1 . the proviso ins. by act 42 of , s. 5 w.e.f. .

section 19. of the warehousing corporationsact : 1 the authorised capital of a state warehousing corporation shall be such sum not exceeding two crores of rupees as may be prescribed, divided into shares of the face value of one hundred rupees each, of which such number as may be determined by the corporation in consultation with the state government shall be issued in the first instance and the remaining shares may be issued, from time to time, as and when the corporation may deem fit after consultation with the central warehousing corporation and with the sanction of the state government: 1provided that in respect of any state warehousing corporation the central government may, after consultation with the state government concerned, from time to time and by order notified in the official gazette, increase the maximum limit of the authorised capital aforesaid to such extent and in such manner as the central government may determine. 2 of the share capital issued in the first instance and of any subsequent issue of such capital, the central warehousing corporation shall, in any case where the state government has subscribed for fifty per cent. of such capital, subscribe for the remaining fifty per cent. of the capital. 1. the proviso ins. by s. 6, ibid. w.e.f. .

section 26. of the warehousing corporationsact : 1 every warehousing corporation shall prepare before the commencement of each year a statement of programme of its activities during the forthcoming year as well as a financial estimate in respect thereof. 2 a statement prepared under subsection 1 shall, not later than three months before the commencement of each year, be submitted for approval a in the case of the central warehousing corporation, to the central government b in the case of a state warehousing corporation, to the central warehousing corporation and the state government. 3 the statement and the financial estimate of a warehousing corporation referred to in subsection 1 may, with the approval of the central government in the case of the central warehousing corporation, or with the approval of the central warehousing corporation and the state government in the case of a state warehousing corporation, be revised by the warehousing corporation.

section 20. of the warehousing corporationsact : 1 the general superintendence and management of the affairs of a state warehousing corporation shall vest in a board of directors which shall consist of the following, namely: a five directors nominated by the central warehousing corporation, of whom one shall be nominated in consultation with the state bank and one at least shall be a nonofficial b five directors nominated by the state government and c a managing director, appointed by the state government in consultation with the directors referred to in clauses a and b and 1under intimation to with the previous approval of the central warehousing corporation. 2 the chairman of the board of directors shall be appointed by the state government from among the directors of the state warehousing corporation with the previous approval of the central warehousing corporation. 3 the managing director shall a exercise such powers and perform such duties as the board of directors or the state warehousing corporation may entrust or delegate to him and b receive such salary and allowances as the state warehousing corporation may, in consultation with the central warehousing corporation, and with previous approval of the state government, fix. 4 the board of directors shall act on business principles having regard to public interest and shall be guided by such instructions on questions of policy as may be given to them by the state government or the central warehousing corporation. 5 if any doubt arises as to whether a question is or is not a question of policy, or, if the state government and the central warehousing corporation give conflicting instructions, the matter shall be referred to the central government whose decision thereon shall be final. 6 the directors of a state warehousing corporation, other than the managing director, shall be entitled to receive by way of remuneration such sums as may be prescribed: provided that no official director shall be entitled to receive any remuneration other than any allowances admissible to him under the rules regulating his conditions of service. 7 the term of office of, and the manner of filling casual vacancies among, directors shall be such as may be prescribed. 1. subs. by act 23 of , s. 3, for with the previous approval of w.e.f. .

section 21. of the warehousing corporationsact : a person shall be disqualified for being chosen as, and for being, a director of a state warehousing corporation i if he is found to be a lunatic or becomes of unsound mind or ii if he is, or at any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors or iii if he is or has been convicted of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months, unless a period of five years has elapsed from the date of expiry of the sentence or iv if he has been removed or dismissed from service of government or a corporation owned and controlled by the government or v except in the case of the managing director, if he is a salaried official of 1 a state warehousing corporation or vi if he is personally interested in a subsisting contract made with, or in any work being done for, the state warehousing corporation except as a shareholder other than a director in any public company as defined in the companies act, 1 of : provided that where any such person is a shareholder, he shall disclose to the warehousing corporation the nature and extent of the shares held by him in such company. 1. the words the central warehousing corporation or omitted by act 23 of , s. 4 w.e.f. .

section 22. of the warehousing corporationsact : 1 the state government may, at any time, 1under intimation to of the central warehousing corporation, remove the managing director from office after giving him a reasonable opportunity of showing cause against the proposed removal. 2 the board of directors may remove from office any director who a is or has become subject to any of the disqualifications mentioned in section 21 or b is absent without leave of the board of directors for more than three consecutive meetings of the board without cause sufficient, in the opinion of the board, to exonerate his absence. 1. subs. by s. 5, ibid., for with the previous approval of w.e.f. .

section 23., and their conditions of service. of the warehousing corporationsact : 1 a state warehousing corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions. 2 every person employed by a state warehousing corporation under this act shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations made by the corporation under this act.

section 24. of the warehousing corporationsact : subject to the provisions of this act, a state warehousing corporation may a acquire and build godowns and warehouses at such places within the state as it may, 1after consultation with the central warehousing corporation, determine b run warehouses in the state for the storage of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities c arrange facilities for the transport of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities to and from warehouses d act as an agent of the central warehousing corporation or of the government for the purposes of the purchase, sale, storage and distribution, of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities 2 3da enter into, with the previous approval of the state government, joint ventures with the central warehousing corporation and e carry out such other functions as may be prescribed. 1. subs. by act 23 of , s. 6, for with the previous approval of w.e.f. . 2. the word and omitted by s. 6, ibid. w.e.f. . 3. ins. by s. 6, ibid. w.e.f. .

section 25. of the warehousing corporationsact : 1 there shall be an executive committee of a state warehousing corporation which shall consist of a the chairman of the board of directors b the managing director and c three other directors chosen in the prescribed manner, of whom one shall be a director referred to in clause a of subsection 1 of section 20. 2 the chairman of the board of directors shall be the chairman of the executive committee. 3 subject to any general or special directions as the board of directors may, from time to time, give, the executive committee shall be competent to deal with any matter within the competence of the state warehousing corporation.

section 27. of the warehousing corporationsact : 1 a warehousing corporation may, in consultation with the reserve bank and with the previous approval of the appropriate government, issue and sell bonds and debentures carrying interest for the purpose of raising funds: provided that the total amount of bonds and debentures issued and outstanding and of the other borrowings of the corporation shall not at any time exceed ten times the amount of the paidup share capital and the reserve fund of the corporation. 2 a warehousing corporation may, for the purpose of carrying out its functions under this act, borrow money i from the reserve bank, or ii from the state bank, for such periods for which, and upon any of the securities against which, it is authorised to advance and lend moneys, under the provisions of 1the state bank of india act, 23 of , or 2iii from any 3scheduled bank, or iv from such insurance company, investment trust or other financial institution as may be approved by the central government in this behalf. 3 subject to the proviso to subsection 1, the central warehousing corporation may borrow money from the central government and a state warehousing corporation may borrow money from the state government and the central warehousing corporation on such securities and on such terms and conditions as may be agreed upon between the borrowing corporation and the lender, in each case. 4 the bonds and debentures of a warehousing corporation may be guaranteed by the appropriate government as to the repayment of principal and the payment of interest at such rate as may be fixed by the appropriate government on the recommendation of the board of directors of the corporation at the time the bonds or debentures are issued. 1. subs. by act 42 of , s. 7, for the state bank of india act, 23 of w.e.f. 243 . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by act 45 of , s. 5, for nationalised bank w.e.f. .

section 28. of the warehousing corporationsact : all moneys belonging to a warehousing corporation shall be deposited in the reserve bank or the state bank 1or any nationalised bank or, subject to any rules made under this act, in 2any other scheduled bank or cooperative bank. 1. ins. by act 42 of , s. 8 w.e.f. . 2. subs. by s. 8, ibid., for any scheduled bank w.e.f. 243 .

section 33. of the warehousing corporationsact : a warehousing corporation may, by general or special order in writing, delegate to the secretary or other officer of the corporation, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary for the efficient performance of its functions.

section 29. of the warehousing corporationsact : a warehousing corporation may invest its funds in the securities of the central or any state government or in such other manner as may be prescribed by the appropriate government.

section 34. of the warehousing corporationsact : in any meeting of the shareholders of a warehousing corporation, every member shall have one vote in respect of each share held by him in the corporation.

section 30. of the warehousing corporationsact : 1 every warehousing corporation shall establish a reserve fund out of its annual net profits. 2 after making provision for bad and doubtful debts, depreciation on assets and all other matters which are usually provided for by companies registered and incorporated under the companies act, 1 of , a warehousing corporation may, out of its net annual profits, declare a dividend: provided that for so long as the reserve fund is less than the paidup share capital of the central warehousing corporation and until there has been repaid to the central government such sum, if any, as that government may have paid under a guarantee given in pursuance of subsection 1 of section 5 or subsection 4 of section 27, the rate of such dividend, in the case of the central warehousing corporation, shall not exceed the rate guaranteed by the central government under subsection 1 of section 5.

section 31. of the warehousing corporationsact : 1 every warehousing corporation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance sheet in such form as may be prescribed: provided that, in the case of the central warehousing corporation, the accounts relating to the warehousing fund and the general fund shall be maintained separately. 2 the accounts of a warehousing corporation shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the companies act, 1 of . 3 the said auditor shall be appointed by the appropriate government on the advice of the comptroller and auditorgeneral of india. 4 the auditor shall be supplied with a copy of the annual balance sheet and the profit and loss account of the warehousing corporation and it shall be his duty to examine them together with the accounts and vouchers relating thereto, and he shall have a list delivered to him of all books kept by the corporation and shall at all reasonable times have access to the books, accounts and other documents of the corporation and may require from any officer of the corporation such information and explanations as the auditor may think necessary for the performance of his duties as auditor. 5 the auditor shall make a report to the shareholders on the accounts examined by him and on the annual balance sheet and the profit and loss account and in every such report, he shall state whether in his opinion the accounts give a true and fair view a in the case of the balance sheet, of the state of the corporations affairs at the end of its financial year, and b in the case of the profit and loss account, of the profit or loss for its financial year, and in case he has called for any explanation or information from the officers, whether it has been given and whether it is satisfactory. 6 the appropriate government may, after consultation with the comptroller and auditorgeneral of india at any time issue directions to the auditor requiring him to report to the appropriate government upon the adequacy of measures taken by a warehousing corporation for the protection of its shareholders and creditors or upon the sufficiency of his procedure in auditing the accounts of the corporation and may enlarge or extend the scope of the audit or direct that a different procedure in audit may be adopted or direct that any other examination may be made by the auditor if in the opinion of the appropriate government public interest so requires. 7 a warehousing corporation shall send a copy of every report of the auditor to the comptroller and auditorgeneral of india and to the central government at least one month before it is placed before the shareholders. 8 notwithstanding anything hereinbefore contained in this section, the comptroller and auditorgeneral of india may, either of his own motion or on a request received in this behalf from the appropriate government, undertake in respect of a warehousing corporation such audit and at such time as he may consider necessary: provided that where the central government is required to make any payment on account of the guarantee given by it under subsection 1 of section 5, such audit shall be undertaken by the comptroller and auditorgeneral of india or any person authorised by him in this behalf. 9 the comptroller and auditorgeneral of india and any person authorised by him in connection with the audit of the accounts of a warehousing corporation shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral has in connection with the audit of government accounts and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the corporation. 10 the annual accounts of a warehousing corporation together with the audit report thereon shall be placed before the annual general meeting of the corporation within six months of the close of the financial year. 11 every audit report under this section shall be forwarded to the appropriate government within a month of its being placed before the annual general meeting and that government shall as soon thereafter as may be cause the same to be laid before both houses of parliament or the legislature of the state, as the case may be.

section 31a. of the warehousing corporationsact : 131a. returns and reports. a warehousing corporation shall furnish to the appropriate government such returns, statistics, accounts and other information with respect to its property or activities as that government may, from time to time, require. 1. ns. by act 42 of , s. 9 w.e.f. .

section 32., not to invalidate acts and proceedings of warehousing corporations. of the warehousing corporationsact : no act or proceeding of a warehousing corporation shall be invalid by reason only of the existence of any vacancy among its directors or any defect in the constitution thereof.

section 35. of the warehousing corporationsact : if there is any difference of opinion between the central warehousing corporation and a state warehousing corporation regarding their respective functions and powers under this act, such difference shall be referred to the central government whose decision thereon shall be final.

section 36. of the warehousing corporationsact : every director, auditor, officer or other employee of a warehousing corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule.

section 42. of the warehousing corporationsact : show related subordinates 1 a warehousing corporation may, with the previous sanction of the appropriate government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for a the conditions of service of, and the remuneration payable to, the officers and other employees of a warehousing corporation b the manner in which, and the conditions subject to which, shares of the central warehousing corporation may be transferred c the manner in which meetings of a warehousing corporation and the executive committee thereof shall be convened, the fees for attending such meetings and the procedure to be followed thereat d the duties and conduct of officers and employees of a warehousing corporation e the powers and duties which may be entrusted or delegated to the managing director of a warehousing corporation f generally, the efficient conduct of the affairs of a warehousing corporation. 3 the appropriate government may, by notification in the official gazette, rescind any regulation which it has sanctioned and thereupon the regulation shall cease to have effect.

section 37. of the warehousing corporationsact : 1 every director of a warehousing corporation shall be indemnified by the corporation concerned against all losses and expenses incurred in the discharge of his duties except such as are caused by his own wilful act or default. 2 a director of a warehousing corporation shall not be responsible for any other director or for any officer or other employee of the corporation or for any loss or expense resulting to the corporation by the insufficiency or deficiency of value of, or title to, any property or security acquired or taken on behalf of the corporation in good faith, or by the wrongful act of any person under obligation to the corporation or by anything done in good faith in the execution of the duties of his office or in relation thereto.

section 38. of the warehousing corporationsact : 1 whoever, without the consent in writing of a warehousing corporation, uses the name of that corporation in any prospectus or advertisement, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 no court shall take cognizance of any offence under subsection 1 otherwise than on a complaint in writing by an officer authorised in this behalf by the warehousing corporation concerned.

section 39. of the warehousing corporationsact : for the purposes of the incometax act, 43 of , a warehousing corporation shall be deemed to be a company within the meaning of that act and shall be liable to incometax and supertax accordingly on its income, profits and gains: provided that, in the case of the central warehousing corporation, any sum paid by the central government under the guarantee given in pursuance of subsection 1 of section 5 or, in the case of a warehousing corporation, any sum paid by the central or a state government under any guarantee given in pursuance of subsection 4 of section 27 shall not be treated as income, profits and gains of a warehousing corporation, and any interest on the debentures or bonds issued by that corporation out of such sums shall not be treated as expenditure incurred by it: provided further that in the case of any shareholder or debentureholder, such portion of a dividend or interest as has been paid out of any such sum advanced by the central government shall be deemed to be his income from interest on securities declared to be incometaxfree within the meaning of section 86 of that act.

section 43. of the warehousing corporationsact : 1 with effect from the date on which the central warehousing corporation is established under section 3, the agricultural produce development and warehousing corporations act, 28 of , in so far as it has not been repealed by the national cooperative development corporation act, 26 of , shall stand repealed. 2 notwithstanding such repeal, a the shares allotted and the share certificates issued by the central warehousing corporation established under the repealed act hereinafter referred to as the said corporation shall be deemed to have been allotted and issued by the corporation established under section 3 of this act as if this act had been in force on the day on which the shares were allotted and the share certificates were issued b every shareholder of the said corporation shall become the holder of as many shares in the corporation established under section 3 of this act as are equivalent in number and value to the shares held by him in the said corporation c all moneys and other securities belonging to the national warehousing development fund which, immediately before the said date, was maintained by the said corporation shall stand transferred to and be maintained by the corporation established under section 3 of this act d anything done or any action taken including any appointment, nomination, delegation, rule or regulation made under the repealed act shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under this act e every share held by the said corporation in a state warehousing corporation under the repealed act shall be deemed to be a share held by the corporation established under section 3 of this act in the corresponding state warehousing corporation deemed to be established under this act f all rights, liabilities and obligations of the said corporation, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the corporation established under section 3 of this act g a state warehousing corporation established for a state under the repealed act shall be deemed to be the state warehousing corporation established for that state under this act.

section 40. of the warehousing corporationsact : no provision of law relating to the winding up of companies or corporations shall apply to a warehousing corporation and any such corporation shall not be placed in liquidation save by order of the appropriate government and in such manner as it may direct.

section 41. of the warehousing corporationsact : show related subordinates 1 the appropriate government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the additional functions which a warehousing corporation may perform b the manner of nomination and election of the directors of the central warehousing corporation and the period within which such directors shall be nominated or elected c the term of office of, and the manner of filling casual vacancies among, and the remuneration payable to, the directors of a warehousing corporation d the manner of choosing directors on the executive committee of a warehousing corporation e the authorised capital of a state warehousing corporation 1within the maximum limit specified by or under subsection 1 of section 19 f the form of the annual statement of accounts and the balance sheet to be prepared by a warehousing corporation g the deposit of moneys of a warehousing corporation in a scheduled bank or a cooperative bank h the manner of issuing shares of a warehousing corporation, the calls to be made in respect thereof, and all other matters incidental to the issue of shares 2i the form and manner in which returns, statistics, accounts and other information are to be furnished, under section 31a, by a warehousing corporation 3j any other matter which has to be or may be prescribed. 3 every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and 4if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 42 of , s. 10, for within the limit specified in subsection 1 of section 19 w.e.f. 243 . 2. ins. by act 42 of , s. 10 w.e.f. . 3. clause i relettered as clause j thereof by s. 10, ibid. w.e.f. . 4. subs. by s. 10, ibid., for if, before the expiry of the session in which it is so laid w.e.f. .

section 8. of the official languages act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 1. of the official languages act : 1 this act may be called the official languages act, . 2 section 3 shall come into force on the 26th day of january, and the remaining provisions of this act shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this ac 1. 10th january, , vide notification no. s.o. 94, dated 4th january, , in respect of section 51, see gazette of india, extraordinary, part ii, sec. 3ii. 19th may, , vide notification no. s.o. , dated the 14th may, , in respect of section 6, see gazette of india, extraordinary, part ii, sec. 3ii. 7th march, , vide notification no. s.o. 841, dated the 26th february, , in respect of section 7, see gazette of india, extraordinary, part ii, sec. 3ii. 1st october, , vide notification no. s.o. 655e, dated the 5th october, , in respect of section 52, see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the official languages act : in this act, unless the context otherwise requires, a appointed day, in relation to section 3, means the 26th day of january, and in relation to any other provision of this act, means the day on which that provision comes into force b hindi means hindi in devanagari script.

section 7., of high courts. of the official languages act : as from the appointed day or any day thereafter the governor of a state may, with the previous consent of the president, authorise the use of hindi or the official language of the state, in addition to the english language, for the purposes of any judgment, decree or order passed or made by the high court for that state and where any judgment, decree or order is passed or made in any such language other than the english language, it shall be accompanied by a translation of the same in the english language issued under the authority of the high court.

section 9. of the official languages act : certain provisions not to apply to jammu and kashmir. omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 5. of the official languages act : 1 a translation in hindi published under the authority of the president in the official gazette on and after the appointed day, a of any central act or of any ordinance promulgated by the president, or b of any order, rule, regulation or byelaw issued under the constitution or under any central act, shall be deemed to be the authoritative text thereof in hindi. 2 as from the appointed day, the authoritative text in the english language of all bills to be introduced or amendments thereto to be moved in either house of parliament shall be accompanied by a translation of the same in hindi authorised in such manner as may be prescribed by rules made under this act.

section 3. of the official languages act : 13. continuance of english language for official purposes of the union and for use in parliament. 1 notwithstanding the expiration of the period of fifteen years from the commencement of the constitution, the english language may, as from the appointed day, continue to be used, in addition to hindi, a for all the official purposes of the union for which it was being used immediately before that day and b for the transaction of business in parliament: provided that the english language shall be used for purposes of communication between the union and a state which has not adopted hindi as its official language: provided further that where hindi is used for purposes of communication between one state which has adopted hindi as its official language and another state which has not adopted hindi as its official language, such communication in hindi shall be accompanied by a translation of the same in the english language: provided also that nothing in this subsection shall be construed as preventing a state which has not adopted hindi as its official language from using hindi for purposes of communication with the union or with a state which has adopted hindi as its official language, or by agreement with any other state, and in such a case, it shall not be obligatory to use the english language for purposes of communication with that state. 2 notwithstanding anything contained in subsection 1, where hindi or the english language is used for purposes of communication i between one ministry or department or office of the central government and another ii between one ministry or department or office of the central government and any corporation or company owned or controlled by the central government or any office thereof iii between any corporation or company owned or controlled by the central government or any office thereof and another, a translation of such communication in the english language or, as the case may be, in hindi shall also be provided till such date as the staff of the concerned ministry, department, office or corporation or company aforesaid have acquired a working knowledge of hindi. 3 notwithstanding anything contained in subsection 1, both hindi and the english language shall be used for i resolutions, general orders, rules, notifications, administrative or other reports or press communiques issued or made by the central government or by a ministry, department or office thereof or by a corporation or company owned or controlled by the central government or by any office of such corporation or company ii administrative and other reports and official papers laid before a house or the houses of parliament iii contracts and agreements executed, and licences, permits, notices and forms of tender issued, by or on behalf of the central government or any ministry, department or office thereof or by a corporation or company owned or controlled by the central government or by any office of such corporation or company. 4 without prejudice to the provisions of subsection 1 or subsection 2 or subsection 3, the central government may, by rules made under section 8, provide for the language or languages to be used for the official purpose of the union, including the working of any ministry, department, section or office, and in making such rules, due consideration shall be given to the quick and efficient disposal of the official business and the interests of the general public and in particular, the rules so made shall ensure that persons serving in connection with the affairs of the union and having proficiency either in hindi or in the english language may function effectively and that they are not placed at a disadvantage on the ground that they do not have proficiency in both the languages. 5 the provisions of clause a of subsection 1, and the provisions of subsection 2, subsection 3 and subsection 4 shall remain in force until resolutions for the discontinuance of the use of the english language for the purposes mentioned therein have been passed by the legislatures of all the states which have not adopted hindi as their official language and until after considering the resolutions aforesaid, a resolution for such discontinuance has been passed by each house of parliament. 1. subs. by act 1 of , s. 2, for section 3 w.e.f. .

section 4. of the official languages act : 1 after the expiration of ten years from the date on which section 3 comes into force, there shall be constituted a committee on official language, on a resolution to that effect being moved in either house of parliament with the previous sanction of the president and passed by both houses. 2 the committee shall consist of thirty members of whom twenty shall be members of the house of the people and ten shall be members of the council of states, to be elected respectively by the members of the house of the people and the members of the council of states in accordance with the system of proportional representation by means of the single transferable vote. 3 it shall be the duty of the committee to review the progress made in the use of hindi for the official purposes of the union and submit a report to the president making recommendations thereon and the president shall cause the report to be laid before each house of parliament, and sent to all the state governments. 4 the president may, after consideration of the report referred to in subsection 3, and the views, if any, expressed by the state governments thereon, issue directions in accordance with the whole or any part of that report: 1 provided that the directions so issued shall not be inconsistent with the provisions of section 3. 1. the proviso added by act 1 of , s. 3 w.e.f. .

section 6. of the official languages act : where the legislature of a state has prescribed any language other than hindi for use in acts passed by the legislature of the state or in ordinances promulgated by the governor of the state, a translation of the same in hindi, in addition to a translation thereof in the english language as required by clause 3 of article 348 of the constitution, may be published on or after the appointed day under the authority of the governor of the state in the official gazette of that state and in such a case, the translation in hindi of any such act or ordinance shall be deemed to be the authoritative text thereof in the hindi language.

section 8. of the limitation act : nothing in section 6 or in section 7 applies to suits to enforce rights of preemption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.

section 1. of the limitation act : 1 this act may be called the limitation act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. 31 10 . 2. 1st january, , vide notification no. s.o. , dated 29th october, , see gazette of india, part ii, sec. 3 ii. amended in west bengal by w.b. act 18 of . 1st september, , vide notification no. s.o. 647c, in respect of the state of sikkim dated 24th august, , see gazette of india, part ii, sec. 3ii.

section 2. of the limitation act : in this act, unless the context otherwise requires, a applicant includes i a petitioner ii any person from or through whom an applicant derives his right to apply iii any person whose estate is represented by the applicant as executor, administrator or other representative b application includes a petition c bill of exchange includes a hundi and a cheque d bond includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be e defendant includes i any person from or through whom a defendant derives his liability to be sued ii any person whose estate is represented by the defendant as executor, administrator or other representative f easement includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another g foreign country means any country other than india h good faithnothing shall be deemed to be done in good faith which is not done with due care and attention i plaintiff includes i any person from or through whom a plaintiff derives his right to sue ii any person whose estate is represented by the plaintiff as executor, administrator or other representative j period of limitation means the period of limitation prescribed for any suit, appeal or application by the schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this act k promissory note means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight l suit does not include an appeal or an application m tort means a civil wrong which is not exclusively the breach of a contract or the breach of a trust n trustee does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in wrongful possession without title.

section 7. of the limitation act : where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. explanation i.this section applies to a discharge from every kind of liability, including a liability in respect of any immovable property. explanation ii.for the purposes of this section, the manager of a hindu undivided family governed by the mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.

section 3. of the limitation act : 1 subject to the provisions contained in sections 4 to 24 inclusive, every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. 2 for the purposes of this act, a a suit is instituted, i in an ordinary case, when the plaint is presented to the proper officer ii in the case of a pauper, when his application for leave to sue as a pauper is made and iii in the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator b any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted i in the case of a set off, on the same date as the suit in which the set off is pleaded ii in the case of a counter claim, on the date on which the counter claim is made in court c an application by notice of motion in a high court is made when the application is presented to the proper officer of that court.

section 9. of the limitation act : where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it: provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.

section 10. of the limitation act : notwithstanding anything contained in the foregoing provisions of this act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns not being assigns for valuable consideration, for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time. explanation.for the purposes of this section any property comprised in a hindu, muslim or buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof.

section 4. of the limitation act : where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. explanation.a court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.

section 5. of the limitation act : any appeal or any application, other than an application under any of the provisions of order xxi of the code of civil procedure, 5 of , may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. explanation.the fact that the appellant or the applicant was misled by any order, practice or judgment of the high court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

section 12. of the limitation act : 1 in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. 2 in computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. 3 where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment 2 shall also be excluded. 4 in computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded. explanation.in computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded. 2. the words on which the decree or order is founded omitted by act 46 of , s. 33 w.e.f. .

section 14. of the limitation act : 1 in computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 2 in computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 3 notwithstanding anything contained in rule 2 of order xxiii of the code of civil procedure, 5 of , the provisions of subsection 1 shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. explanation.for the purposes of this section, a in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted b a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding c misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

section 6. of the limitation act : 1 where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the schedule. 2 where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. 3 where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. 4 where the legal representative referred to in subsection 3 is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in subsections 1 and 2 shall apply. 5 where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died. explanation.for the purposes of this section, minor includes a child in the womb.

section 11. of the limitation act : 1 suits instituted in the territories to which this act extends on contracts entered into in the state of jammu and kashmir or in a foreign country shall be subject to the rules of limitation contained in this act. 2 no rule of limitation in force in the state of jammu and kashmir or in a foreign country shall be a defence to a suit instituted in the said territories on a contract entered into in that state on in a foreign country unless a the rule has extinguished the contract and b the parties were domiciled in that state or in the foreign country during the period prescribed by such rule.

section 13. of the limitation act : in computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.

section 18. of the limitation act : 1 where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. 2 where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed but subject to the provisions of the indian evidence act, 1 of , oral evidence of its contents shall not be received. explanation.for the purposes of this section, a an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right, b the word signed means signed either personally or by an agent duly authorised in this behalf, and c an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

section 21. of the limitation act : 1 where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. 2 nothing in subsection 1 shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

section 16. of the limitation act : 1 where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application. 2 where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application. 3 nothing in subsection 1 or subsection 2 applies to suits to enforce rights of preemption or to suits for the possession of immovable property or of a hereditary office.

section 15. of the limitation act : 1 in computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. 2 in computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. explanation.in excluding the time required for obtaining the consent or sanction of the government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the government or other authority shall both be counted. 3 in computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded. 4 in computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded. 5 in computing the period of limitation for any suit the time during which the defendant has been absent from india and from the territories outside india under the administration of the central government, shall be excluded.

section 23. of the limitation act : in the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.

section 17. of the limitation act : 1 where, in the case of any suit or application for which a period of limitation is prescribed by this act, a the suit or application is based upon the fraud of the defendant or respondent or his agent or b the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid or c the suit or application is for relief from the consequences of a mistake or d where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him, the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production: provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which i in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or ii in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or iii in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed. 2 where a judgmentdebtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgmentcreditor made after the expiry of the said period extend the period for execution of the decree or order: provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be.

section 19. of the limitation act : where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: provided that, save in the case of payment of interest made before the 1st day of january, , an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment. explanation.for the purposes of this section, a where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment b debt does not include money payable under a decree or order of a court.

section 26. of the limitation act : where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period twenty years in case the claim is, within three years next after the determination of such interest or term resisted by the person entitled on such determination to the said land or water.

section 20. of the limitation act : 1 the expression agent duly authorised in this behalf in sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment. 2 nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by, or by the agent of, any other or others of them. 3 for the purposes of the said sections, a an acknowledgment signed or a payment made in respect of any liability by, or by the duly authorised agent of, any limited owner of property who is governed by hindu law, shall be a valid acknowledgment or payment, as the case may be, against a reversioner succeeding to such liability and b where a liability has been incurred by, or on behalf of a hindu undivided family as such, an acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family.

section 22. of the limitation act : in the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues.

section 29.savings of the limitation act : 1 nothing in this act shall affect section 25 of the indian contract act, 9 of . 2 where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 inclusive shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law. 3 save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this act shall apply to any suit or other proceeding under any such law. 4 sections 25 and 26 and the definition of easement in section 2 shall not apply to cases arising in the territories to which the indian easements act, 5 of , may for the time being extend.

section 24. of the limitation act : all instruments shall for the purposes of this act be deemed to be made with reference to the gregorian calendar.

section 25. of the limitation act : 1 where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement whether affirmative or negative has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible. 2 each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. 3 where the property over which a right is claimed under subsection 1 belongs to the government that subsection shall be read as if for the words twenty years the words thirty years were substituted. explanation.nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made.

section 31. provisions as to barred or pending suits, etc of the limitation act : nothing in this act shall, a enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the indian limitation act, 9 of , expired before the commencement of this act or b affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement.

section 27. of the limitation act : at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

section 32. of the limitation act : repeal.rep. by repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 28. of the limitation act : amendment of certain acts. rep. by repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 30., for which the prescribed period is shorter than the period prescribed by the indian limitation act, of the limitation act : notwithstanding anything contained in this act, a any suit for which the period of limitation is shorter than the period of limitation prescribed by the indian limitation act, 9 of , may be instituted within a period of 1 seven years next after the commencement of this act or within the period prescribed for such suit by the indian limitation act, 9 of , whichever period expires earlier: 2provided that if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefor under the indian limitation act, 9 of and the said period of seven years together with so much of the period of limitation in respect of such suit under the indian limitation act, 9 of , as has already expired before the commencement of this act is shorter than the period prescribed for such suit under this act, then, the suit may be instituted within the period of limitation prescribed therefor under this act b any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the indian limitation act, 9 of , may be preferred or made within a period of ninety days next after the commencement of this act or within the period prescribed for such appeal or application by the indian limitation act, , whichever period expires earlier. state amendments jammu and kashmir and ladakh uts. insertion of section 30a . after section 30, insert the following section, namely: 30a. provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the limitation act, samvat .notwithstanding anything contained in this act, a any suit for which the period of limitation is shorter than the period of limitation prescribed by the limitation act, samvat , may be instituted within a period of one year next after the commencement of the jammu and kashmir reorganisation act, or within the period prescribed for such suit by the limitation act, samvat , whichever period expires earlier: provided that if in respect of any such suit, the said period of one year expires earlier than period of limitation prescribed therefor under the limitation act, samvat now repealed and the said period of one year together with so much of the period of limitation in respect of such suit under the said act, as has already expired before the commencement of the jammu and kashmir reorganisation act, is shorter than the period prescribed for such suit under the limitation act, , then, the suit may be instituted within the period of limitation prescribed therefor under the limitation act, b any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the limitation act, samvat , may be preferred or made within a period of ninety days next after the commencement of the jammu and kashmir reorganisation act, or within the period prescribed for such appeal or application by the limitation act, samvat , whichever period expires earlier. vide the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. subs. by act 10 of , s. 2, for five years w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 8. of the export quality control and inspection act : show related subordinates 1 the central government may, by notification in the official gazette, recognise or establish any mark or seal in relation to a notified commodity for the purpose of denoting that such commodity conforms to a standard specification applicable to it. 2 any such mark or seal affixed or applied to a notified commodity or to any covering containing, or label attached to, such commodity shall be deemed to be evidence of the commodity being in conformity with the standard specifications applicable to it under this act: provided that nothing in this subsection shall prevent any officer of customs from examining any consignment of a notified commodity intended for export if he has reason to believe that the seal or mark is not genuine or has been affixed or applied fraudulently or if such an examination is necessary for the purpose of any other law for the time being in force.

section 1. of the export quality control and inspection act : 1 this act may be called the export quality control and inspection act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 1st january, , vide notification no. s.o. e, dated the 30th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the export quality control and inspection act : in this act, unless the context otherwise requires, 1 a adjudicating authority means the authority specified in, or under, section 10k ab appellate authority means the appellate authority referred to in section 10m 2 accouncil means the export inspection council established under section 3 b export, with its grammatical variations and cognate expressions, means taking out of india to a place outside india c inspection, in relation to a commodity, means the process of determining whether a batch of goods in that commodity complies with the standard specifications applicable to it or any other specifications stipulated in the export contract generally by inspecting either the whole batch or a selected sample or samples which purport to represent the whole batch d notified commodity means any commodity notified under clause a of section 6 e prescribed means prescribed by rules made under this act f quality control means any activity having for its object the determination of the quality of a commodity whether during the process of manufacture or production or subsequently in order to ascertain whether it satisfies the standard specifications applicable to it or any other specifications stipulated in the export contract and whether it may be accepted for purposes of export. 1 ins. by act 40 of , s. 2 w.e.f. . 2 clause a relettered as clause ac by s. 2, ibid. w.e.f. .

section 7. of the export quality control and inspection act : show related subordinates 1 the central government may, by notification in the official gazette, establish, or recognise subject to such conditions as it may deem fit, agencies for quality control or inspection or both: provided that if the central government is of opinion that any recognition granted to any agency under this subsection should, in the public interest, be withdrawn, the central government may after giving a reasonable opportunity to that agency to make representations in the matter, withdraw, by like notification, the recognition granted to it. 2 any agency referred to in subsection 1 may, on application made to it or otherwise, hold or cause to be held such examination as it thinks fit relating to quality control or inspection of notified commodities, either at the time of export or earlier, in such testing houses or by such surveyors or samplers as are approved by the central government in this behalf and may charge such fees as may be prescribed for the purpose of such examination. 3 if, after the examination, the agency is of opinion that the commodity satisfies the standard specifications laid down in respect of it under section 6 or, as the case may be, any other specifications stipulated in the export contract, it may issue a certificate that the commodity satisfies the conditions relating to quality control and inspection. 13a where the agency has reason to believe that a certificate issued under subsection 3 has been obtained fraudulently or by misrepresentation, or the commodity in relation to, which the certificate is issued has been changed or has deteriorated in quality, the agency may, by order, amend, suspend or cancel the certificate in such manner and subject to such procedure as may be prescribed: provided that before amending, a suspending or cancelling any such certificate the holder thereof shall be given a reasonable opportunity of being heard. 4 any person aggrieved by the refusal of any agency referred to in subsection 1 to issue a certificate, 1or by the amendment, suspension or cancellation of a certificate under subsection 3a may prefer an appeal within such time as may be prescribed to such authority as the central government may, by notification in the official gazette, constitute for the purpose of hearing appeals. 5 subject to the provisions of subsection 6, the decision of the agency where no appeal is filed, and the decision of the appellate authority where an appeal is filed, shall be final and shall not be questioned in any court of law. 6 the central government may, at any time, call for and examine the record of any proceeding relating to any decision of an agency or appellate authority under this section for the purpose of satisfying itself as to the legality or propriety of such decision and may pass such order thereon as it thinks fit. 1. ins. by act 40 of , s. 4 w.e.f. .

section 3. of the export quality control and inspection act : show related subordinates 1 the central government may by notification in the official gazette, establish, with effect from such date as may be specified in the notification, a council to be known as the export inspection council, which shall consist of a a chairman to be appointed by the central government b the director of inspection and quality control, ex officio, who shall be the secretary c the honorary adviser on standardization to the government of india and director of indian standards institution, ex officio d the agricultural marketing advisor to the government of india, ex officio e the director general of commercial intelligence and statistics, ex officio f 4fifteen other members nominated by the central government three of whom shall be persons representing the agencies referred to in section 7. 2 the council shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property and to contract, and shall by the said name sue and be sued. 3 the term of office of, and the manner of filling casual vacancies among, the members of the council referred to in clauses a and f of subsection 1 and the travelling and daily allowances payable to the members of the council and the procedure to be followed in the discharge of its functions by the council shall be such as may be prescribed. 4 no act or proceeding of the council shall be invalidated merely by reason of any vacancy in, or any defect in the constitution of, the council. 5 subject to such rules as may be made by the central government in this behalf, the council may appoint such officers and other employees as it considers necessary for the purpose of discharging its functions under this act. 1. subs. by s. 3, ibid., for eleven w.e.f. .

section 4. of the export quality control and inspection act : show related subordinates the central government shall appoint a director of inspection and quality control to exercise such powers and perform such duties under this act as may be prescribed.

section 9. of the export quality control and inspection act : the central government or any officer or authority authorised by it in this behalf may, by notice published in the official gazette, require i persons manufacturing, dealing in or exporting notified commodities and ii such other persons as may be prescribed to furnish any information, return or report which the central government or such officer or authority may consider necessary for carrying out the purposes of this act.

section 10. of the export quality control and inspection act : 1 for the purpose of enabling the council to discharge its functions under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the council such sums of money as that government considers necessary by way of grants, loans or otherwise. 2 for the purpose of discharging its functions under this act, the council may receive grants or donations from bodies and institutions approved by the central government in this behalf. 3 the council shall have its own fund to which shall be credited the sums of money referred to in subsections 1 and 2 and the moneys in the fund shall be applied for a meeting the pay and allowances of the officers and other employees of the council and other administrative expenses of the council b carrying out the functions of the council under this act. 4 the council shall prepare, before the commencement of each financial year, a statement of programme of its activities during that year as well as a financial estimate in respect thereof. 5 a statement prepared under subsection 4 shall, not later than three months before the commencement of each financial year, be submitted for approval to the central government. 6 the council shall maintain such accounts and prepare the balancesheet in such form as may, in consultation with the comptroller and auditorgeneral of india, be prescribed. 7 the accounts of the council shall be audited in such manner and at such times as may, in consultation with the comptroller and auditorgeneral of india, be prescribed.

section 6. of the export quality control and inspection act : show related subordinates if the central government, after consulting the council, is of opinion that it is necessary or expedient so to do for the development of the export trade of india, it may, by order published in the official gazette, a notify commodities which shall be subject to quality control or inspection or both prior to export b specify the type of quality control or inspection which will be applied to a notified commodity c establish, adopt or recognise one or more standard specifications for a notified commodity d prohibit the export in the course of international trade of a notified commodity unless it is accompanied by a certificate issued under section 7 that the commodity satisfies the conditions relating to quality control or inspection, or it has affixed or applied to it a mark or seal recognised by the central government as indicating that it conforms to the standard specifications applicable to it under clause c.

section 5. of the export quality control and inspection act : show related subordinates 1 the functions of the council shall generally be to advise the central government regarding measures for the enforcement of quality control and inspection in relation to commodities intended for export and to draw up programmes therefore, to make, with the concurrence of the central government, grantsinaid to the agencies established or recognised under section 7 and to perform such other functions as maybe assigned to it by or under this act. 2 for the purpose of performing its functions, the council may coopt as members such number of persons as it thinks fit who have special knowledge and practical experience in matters relating to any commodity or trade therein and any such person shall have the right to take part in the discussions of the council but shall not have the right to vote and shall not be a member for any other purpose. 3 the council may also constitute specialist committees for conducting investigations on special problems connected with its functions. 4 in the performance of its functions under this act, the council shall be bound by such directions as the central government may give to it in writing from time to time.

section 10e. of the export quality control and inspection act : 110e. search and seizure to be made in accordance with the code of criminal procedure, .the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this act. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10a. of the export quality control and inspection act : 110a. power to enter and inspect.the director of inspection and quality control or any officer of the central government authorised by him in writing in this behalf hereinafter referred to as the authorised officer may enter at any reasonable time, any premises which a any commodity which has been changed after inspection by any agency referred to in subsection 1 of section 7 or b any books of account or other documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this act, are suspected to have been kept or concealed, and inspect such commodity, books of account, other documents or things and may take such notes or extracts from such books of account or, other documents as he may think fit. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10g. of the export quality control and inspection act : 110g. confiscation of conveyance.any conveyance or animal which has been, is being, or is attempted to be, used for the transport of any commodity which is liable to confiscation under this act, shall be liable to confiscation unless the owner of the conveyance or animal proves that it was, is being, or is about to be, so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use: provided that in the case of a conveyance or animal used for the transport of goods or passengers for hire, the owner of the conveyance or animal shall be given an option to pay, in lieu of confiscation of the conveyance or animal, a fine not exceeding the value of the commodity which has been, is being, or is attempted to be, transported by such conveyance or animal. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10b. of the export quality control and inspection act : 110b. power to search.if the authorised officer has any reason to believe that a any commodity which has been changed after inspection by any agency referred to subsection 1 of section 7 or b any books of account or other documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this act, are secreted in any place, he may enter into and search such place or premises for such commodity, books of account, other documents or things. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10h. of the export quality control and inspection act : 110h. option to pay fine in lieu of confiscation.whenever confiscation of any commodity is authorised by this act, the officer adjudging it shall, without prejudice to the provisions of the proviso to section 10g, give to the owner of the commodity an option to pay in lieu of confiscation such fine not exceeding the value of the commodity. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10i. of the export quality control and inspection act : 110i. liability to penalty.any person, a who, in relation to any commodity, does or omits to do any act which act or omission would render such commodity liable to confiscation under this act, or abets the doing or omission of such an act or b who acquires possession of or is in any way concerned in carrying, removing, depositing, keeping, concealing, selling or purchasing, or in any manner dealing with, any commodity which he knows or has reason to believe is liable to confiscation under this act, shall be liable to a penalty not exceeding five times the value of the commodity or five thousand rupees, whichever is more, whether or not such commodity has been confiscated or is available for confiscation. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10c. of the export quality control and inspection act : 110c. power to seize commodities, etc.1 if the authorised officer has any reason to believe that any commodity is liable to confiscation under this act, he may seize such commodity together with the package, covering or receptacle, if any, in which such commodity is found and where such commodity is found to have been mixed with any other goods or materials, he may seize such commodity together with the goods or materials with which it is so mixed: provided that where it is not practicable to seize any such commodity, the authorised officer may serve on the owner of the commodity an order that he shall not remove, part with, or otherwise deal with, the commodity except with the previous permission of such authorised officer. 2 where any commodity is seized under subsection 1 and no notice in respect thereof is given under section 10l within six months of the seizure of such commodity, it shall be returned to the person from whose possession it was seized: provided that the aforesaid period of six months may, on sufficient cause being shown, be extended by the director of inspection and quality control by a further period not exceeding six months. 3 the authorised officer may seize any documents or things which, in his opinion will be useful for, or relevant to, any proceeding under this act. 4 the person from whose custody any documents are seized under subsection 3 shall be entitled to make copies thereof or take extracts there from in the presence of the authorised officer. 5 if any person legally entitled to the documents or things seized under subsection 3objects, for any reason, to the retention by the authorised officer of the documents or things, he may make an application to the central government staling therein the reasons for such objection and requesting for the return of the documents or things. 6 on receipt of an application under subsection 5, the central government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit. 7 where any document a is produced or furnished by any person or has been seized from the custody or control of any person under this act or any other law for the time being in force or b has been received from any place outside india duly authenticated by such authority or person and in such manner as may be prescribed in the course of the investigation of any offence alleged to have been committed by any person against this act, and such document is tendered in evidence against the person by whom it is produced or from whom it was seized or against such person and any other person who is jointly tried, or proceeded against, with him, the court, or, as the case may be, the adjudicating authority shall, notwithstanding anything to the contrary contained in any other law for the time being in force, i presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court or the adjudicating authority may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is under that persons handwriting, and, in the case of a document executed or attested, it was executed or attested by the person by whom it purports to have been so executed or attested ii admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10d. of the export quality control and inspection act : 110d. power to stop and seize conveyances.any authorised officer may, if he has any reason to suspect that any conveyance or animal is being, or is about to be, used for the transportation of any commodity which is liable to confiscation under this act and that by such transportation any provision of this act has been, is being or is about to be, contravened at anytime, stop such conveyance or animal or, in the case of an aircraft, compel it to land, and a rummage and search the conveyance or any part thereof, b examine and search any goods or materials in the conveyance or on the animal, c if it becomes necessary to stop any conveyance or animal, he may use all lawful means for stopping it and where such means fail, the conveyance or animal may be fired upon, and where he is satisfied that it is necessary so to do prevent the contravention of any provision of this act, he may seize such conveyance or animal. explanation.any reference in this section to a conveyance shall, unless the context otherwise requires, be construed as including a reference to an aircraft, vehicle or vessel. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10f. of the export quality control and inspection act : 110f. confiscation.any commodity in respect of which a a certificate has been obtained from an agency referred to in subsection 1 of section 7 fraudulently or by misrepresentation, or b any provision of this act has been, is being, or is attempted to be, contravened, shall, together with any package, covering or receptacle in which such commodity is found, be liable to confiscation and, where such commodity is so mixed with any other goods or materials that it cannot be readily separated, such other goods or materials shall also be liable to confiscation: provided that where it is established to the satisfaction of the adjudicating authority that any commodity, which is liable to confiscation under this act, belongs to a person other than the person who has, by any act or omission, rendered it liable to confiscation, and such act or omission was without the knowledge or connivance of the person to whom it belongs, such commodity shall not be ordered to be confiscated but such other action as is authorised by this act may be taken against the person who has, by such act or omission, rendered such commodity liable to confiscation. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10j. of the export quality control and inspection act : 110j. confiscation or penalty not to interfere with other punishments.no confiscation made or penalty imposed under the foregoing provisions of this act shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this act or under any other law for the time being in force. 1. ins. by act 40 of , s. 5 w.e.f. .

section 11.penalty of the export quality control and inspection act : 1 if any person contravenes any order under clause d of section 6, or fraudulently obtains a certificate under section 7, or fraudulently affixes or applies any such mark or seal as is referred to in subsection 1 of section 8, he shall, on conviction, be punishable i for the first offence, with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both ii for the second or subsequent three offence, with imprisonment for a term which may extend to 1three years and also with fine which may extend to five thousand rupees and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than three months. 2any person who attempts to commit or abets the commission of an offence punishable under subsection 1 shall be deemed to have committed such offence. 3 if any person contravenes or attempts to contravene or abets the contravention of any other provision of this act or any rules or orders made thereunder, he shall be punishable with fine which may extend to one thousand rupees. 1. subs. by act 40 of , s. 6, for two year w.e.f. .

section 10k. of the export quality control and inspection act : 110k. adjudication.any confiscation may be adjudged or penalty may be imposed under this act by the director of inspection and quality control, or, where he so directs, by a general or special order, by any officer subordinate to him. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10l. of the export quality control and inspection act : 1b10l. giving of opportunity to the owner of goods etc.no order of adjudication of confiscation or imposing a penalty shall be made unless the owner of the commodity, conveyance or animal or other person concerned is given a notice in writing a informing him of the grounds on which it is proposed to confiscate such commodity, conveyance or animal or to impose a penalty b giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the confiscation or imposition of penalty mentioned therein, and, if he so desires, of being heard in the matter. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10m. appeal of the export quality control and inspection act : 110m. appeal.1 any person aggrieved by any decision or order made under this act may prefer an appeal, a where the decision or order has been made by the director of inspection and quality control, to the central government b where the decision or order has been made by any officer subordinate to the director of inspection and quality control, to the director of inspection and quality control. within a period of fortyfive days from the date on which the decision or order is served on such person: provided that the appellate authority may if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period of fortyfive days, allow such appeal to be preferred within a further period of fortyfive days: provided further that in the case of an appeal against an order imposing a penalty, no such appeal shall be entertained unless the amount of the penalty has been deposited by the appellant: provided also that where the appellate authority is of the opinion that the deposit to be made will cause undue hardship to the appellant, it may at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose. 2 the appellate authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, pass such orders as it thinks fit, confirming modifying or reversing the decision or order appealed against or may send back the case, with such directions as it may think fit, for afresh adjudication or decision, as the case may be, after taking additional evidence, if necessary: provided that an order enhancing or imposing a penalty or confiscating commodity of a greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and, if he so desires, of being heard, in his defence. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10p. continuance of proceedings in the event of death or insolvency of the export quality control and inspection act : 110p. continuance of proceedings in the event of death or insolvency.1 where a penalty has been imposed by the adjudicating authority and a no appeal against the order imposing such penalty has been preferred to the appellate authority and the person entitled to file such appeal dies or is adjudicated an insolvent before the expiry of the period within which the appeal can be preferred or b an appeal has been preferred to the appellate authority against the order imposing such penalty but the appellant dies or is adjudicated an insolvent during the pendency of the appeal, then, it shall be lawful for the legal representatives, of such person or the official assignee or the official receiver, as the case may be, to prefer an appeal to the appellate authority or, as the case may be, to continue the appeal before the appellate authority, in place of such person and the provisions of section 10m shall, so far as may be, apply or continue to apply to such appeal. 2 the powers of the official assignee or the official receiver under subsection 1 shall be exercised by him subject to the provisions of the presidencytowns insolvency act, 3 of , or the provincial insolvency act, 5 of , as the case may be. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10o. of the export quality control and inspection act : 110o. powers of adjudicating and other authorities.1 every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a a summoning and enforcing the attendance of witnesses b requiring the discovery and production of any document c requisitioning any public record or copy thereof from any court or office d receiving evidence on affidavits and e issuing commissions for the examination of witnesses or documents. 2 every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall be deemed to be a civil court for the purposes of sections 345and 346 of the code of criminal procedure, 2 of . 3 every authority making any adjudication or hearing any appeal or exercising any powers of revision under this act shall have the power to make such orders of an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order. 1. ins. by act 40 of , s. 5 w.e.f. .

section 10n. of the export quality control and inspection act : 110n. powers of revision.the central government may, on its own motion or otherwise, call for and examine the records of any proceeding in which an order of adjudication of confiscation or imposing any penalty has been made by any officer under this act and against which no appeal has been preferred, for the purpose of satisfying itself as to the correctness, legality or propriety of such order or decision and pass such orders thereon as it may think fit: provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person a has, within a period of two years from the date of such decision or order, received a notice to show cause why such decision or order shall not be varied, and b has been given a reasonable opportunity of making a representation and, if he so desires, of being heard in his defence. 1. ins. by act 40 of , s. 5 w.e.f. .

section 14. of the export quality control and inspection act : no prosecution for an offence punishable under this act shall be instituted except by or with the consent of an officer authorised by the central government by general or special order in this behalf.

section 11a. of the export quality control and inspection act : 111a. penalty for contravention of order made by adjudicating authority or appellate authority.if any person fails to pay the penalty imposed by the adjudicating or the appellate authority or fails to comply with any direction or order made, or deemed to have been made, under this act, he shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 1. ins. by s. 7, ibid. w.e.f. .

section 16. of the export quality control and inspection act : 1 no suit, prosecution or other legal proceeding shall lie against the council or any officer or employee of the government or the council or any agency referred to in subsection 1 of section 7 for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 11b. of the export quality control and inspection act : 111b. offences by officers and employees of agency, etc.1 if any officer or employee of the council or of any agency referred to in subsection 1 of section 7, or any surveyor, sampler or employee of any testing house, referred to in subsection 2 of that section enters into, or acquiesces in, any agreement to do, abstains from doing, permits, conceals or connives at, any act or thing whereby any provision of this act is or may be contravened, he shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both. 2 if any officer searches or authorises any other officer of the central government to search any place without having reason to believe that any commodity, books of account or documents or things of the nature referred to in section 10bare secreted in that place, he shall, on conviction, be punishable withimprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 3 if any officer or employee of the council or of any agency referred to in subsection 1 of section 7, or any surveyor, sampler or employee of any testing house, referred to subsection 2 of that section, except in the discharge in good faith of his duty as such officer or employee or in compliance with any requisition made under any law for the time being in force, discloses any particulars learnt by him in his official capacity in respect of any commodity, he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 1. ins. by s. 7, ibid. w.e.f. .

section 11c. of the export quality control and inspection act : 111c. correction of clerical or arithmetical mistakes.clerical or arithmetical mistakes in any decision or order, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the authority by which the decision or order was made either on its own motion or on the application of the aggrieved person: provided that where any correction proposed to be made under this section will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of a period of two years from the date on which such decision or order was made. 1. ins. by s. 7, ibid. w.e.f. .

section 16a., of operation of the provisions of the act. of the export quality control and inspection act : show related subordinates 116a. suspension, etc., of operation of the provisions of the act.1 if the central government is satisfied that circumstances exist which render it necessary or expedient so to do in the public interest, it may, by notification in the official gazette, suspend or relax to a specified extent, the operation of all or any of the provisions of this act in respect of such notified commodity or commodities generally or in respect of any area and for such period as may be specified in the notification. 2 where the operation of any provision of this act has, under subsection 1, been suspended or relaxed, such suspension or relaxation may, at any time be removed by the central government by a like notification. 3 every notification issued under this section shall be laid, as soon as may be after it is issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification. 1. ins. by act 40 of , s. 8 w.e.f. .

section 12. of the export quality control and inspection act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 13. of the export quality control and inspection act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also b a the council b such officer or authority subordinate to the central government, or such state government or such officer or authority subordinate to a state government as may be specified in the direction.

section 18. of the export quality control and inspection act : as from the date on which a commodity is notified under clause a of section 6, the provisions of this act or anything done or any action taken there under shall have effect in relation to that commodity notwithstanding any provisions relating to quality control and inspection prior to the export of such commodity contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 15. of the export quality control and inspection act : all officers and employees of the council or of any agency established or recognised under subsection 1 of section 7and all surveyors, samplers and employees of testing houses, referred to in subsection 2 of that section shall, while acting or purporting to act in pursuance of the provisions of this act or any rule or order made there under, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 17. of the export quality control and inspection act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the travelling and daily allowances payable to members of the council, persons coopted under subsection 2 of section 5, and members of specialist committees referred to in subsection 3 of that section b the functions of the council and the procedure to be followed by it c the appointment of officers and other employees of the council d the procedure to be followed for various types of quality control and inspection e the conditions which a testing house, surveyor or sampler should satisfy for purposes of approval by the central government f the fees chargeable for purposes of examination and issue of certificates under section 7 1ff the manner in which, and the procedure subject to which, any certificate issued under subsection 3 of section 7 shall be amended, suspended or cancelled g the filing of appeals under section 7 and the fees payable therefore 1gg the authority or person by which or by whom, and the manner in which, any document received from a place outside india shall be authenticated h the manner in which the accounts of the council shall be maintained and audited i any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session 2immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by s. 9, ibid. w.e.f. . 2. subs. by act 40 of , s. 9, for immediately following the session, w.e.f. .

section 6. of the banking companies acquisition and transfer of undertakings act : 1 every existing bank shall be given by the central government such compensation in respect of the transfer, under section 4, to the corresponding new bank of the undertaking of the existing bank as is specified against each such bank in the second schedule. 2 the amount of compensation referred to in subsection 1 shall be given to every existing bank, at its option, a in case to be paid by cheque drawn on the reserve bank in three equal annual instalments, the amount of each instalment carrying interest at the rate of four per cent. per annum from the commencement of this act, or b in saleable or otherwise transferable promissory notes or stock certificates of the central government issued and repayable at par, and maturing at the end of i ten years from the commencement of this act and carrying interest from such commencement at the rate of four and a half per cent. per annum, or ii thirty years from the commencement of this act and carrying interest from such commencement at the rate of five and a half per cent. per annum, or c partly in cash to be paid by cheque drawn on the reserve bank and partly in such number of securities specified in subclause i or subclause ii, or both, of clause b, as may be required by the existing bank, or d partly in such number of securities specified in subclause i of clause b and partly in such number of securities specified in subclause ii of that clause, as may be required by the existing bank. 3 the first of the three equal annual instalments referred to in clause a of subsection 2 shall be paid, and the securities referred to in clause b of that subsection shall be issued, within sixty days from the date of receipt by the central government of the option referred to in that subsection, or where no such option has been exercised, from the latest date before which such option ought to have been exercised. 4 the option referred to in subsection 2 shall be exercised by every existing bank before the expiry of a period of three months from the appointed day or within such further time, not exceeding three months, as the central government may, on the application of the existing bank, allow and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised. 5 any existing bank which omits or fails to exercise the option referred to in subsection 2, within the time specified in subsection 4, shall be deemed to have opted for payment in securities specified in subclause i of clause b of subsection 2. 6 notwithstanding anything contained in this section, any existing bank may, before the expiry of three months from the appointed day or within such further time, not exceeding three months, as the central government may, on the application of the existing bank, allow make an application in writing to the central government for an interim payment of an amount equal to seventyfive per cent. of the amount of the paidup capital of such bank, as on the commencement of this act, indicating therein whether the payment is desired in cash or in securities specified in subsection 2, or in both. 7 the central government shall, within sixty days from the receipt of the application referred to in subsection 6, make the interim payment to the existing bank in accordance with the option indicated in such application. 8 the interim payment made to an existing bank under subsection 7 shall be set off against the total amount of compensation payable to such existing bank under this act and the balance of the compensation remaining outstanding after such payment shall be given to the existing bank in accordance with the option exercised, or deemed to have been exercised, under subsection 4 or subsection 5, as the case may be: provided that where any part of the interim payment is obtained by an existing bank in cash, the payment so obtained shall be set off, in the first instance, against the first instalment of the cash payment referred in subsection 2, and in case the payment so obtained exceeds the amount of the first instalment, the excess amount shall be adjusted against the second instalment and the balance of such excess amount, if any, against the third instalment of the cash payment. 9 any payment purported to have been made to an existing bank under subsection 3 of section 15 of the banking companies acquisition and transfer of undertakings act, 22 of , shall be deducted by the central government from the amount of the interim payment made to such existing bank under subsection 7, or where no such interim payment has been made, from the total amount of the compensation due to such existing bank, and the amount so deducted shall be paid by the central government to the corresponding new bank.

The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970

section 1.short title and commencement of the banking companies acquisition and transfer of undertakings act : 1 this act may be called the banking companies acquisition and transfer of undertakings act, . 2 the provisions of this act except section 21, which shall come into force on the appointed day shall be deemed to have come into force on the 19th day of july, .

section 2. of the banking companies acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 14th day of february, , being the day on which the banking companies acquisition and transfer of undertakings ordinance, ord. 3 of , was promulgated b banking company does not include a foreign company within the meaning of section 591 of the companies act, 1 of c commencement of this act means the 19th day of july, d corresponding new bank, in relation to an existing bank, means the body corporate specified against such bank in column 2 of the first schedule e custodian means the person who becomes, or is appointed, a custodian under section 7 f existing bank means a banking company specified in column 1 of the first schedule, being a company the deposits of which, as shown in the return as on the last friday of june, , furnished to the reserve bank under section 27 of the banking regulation act, 10 of , were not less than rupees fifty crores 1 fa prescribed means prescribed by regulations made under this act g schedule means a schedule to this act h words and expressions used herein and not defined but defined in the banking regulation act, 10 of , have the meanings respectively assigned to them in that act 1 i words and expressions used herein and not defined either in this act or in the banking regulation act, 10 of but defined in the companies act, 1 of shall have the meanings respectively assigned to them in the companies act, . 1 ins. by act 37 of , s. 2 w.e.f. .

section 3a. of the banking companies acquisition and transfer of undertakings act : 1 3a. trust not to be entered on the register.notwithstanding anything contained in subsection 2f of section 3, no notice of any trust, express, implied or constructive, shall be entered on the register, or be receivable, by the corresponding new bank: 2 provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. 1. ins. by act 37 of , s. 5 w.e.f. . 2. ins. by act 8 of , s. 17 w.e.f. .

section 5. of the banking companies acquisition and transfer of undertakings act : 1 the undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this act in the ownership, possession, power or control of the existing bank in relation to the undertaking, whether within or without india, and all books of account, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing bank in relation to the undertaking. 2 if, according to the laws of any country outside india, the provisions of this act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such asset or liability shall, on and from the commencement of this act, stand entrusted to the chief executive officer for the time being of the corresponding new bankand the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank for the purpose of effectively transferring such assets and discharging such liabilities. 3 the chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by subsection 2, take all such steps as may be required by the laws of any such country outside india for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset and discharge any liability of the existing bank. 4 unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this act and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. 5 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 4, is pending by or against the existing bank, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained in this act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corresponding new bank. 6 nothing in this act shall be construed as applying to the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments in any country outside india and other rights and interests in, or arising out of, such property and borrowings, liabilities and obligations of whatever kind subsisting at the commencement of this act, of any existing bank operating in that country if, under the laws in force in that country, it is not permissible for a banking company, owned or controlled by government, to carry on the business of banking there.

section 3. of the banking companies acquisition and transfer of undertakings act : 13. establishment of corresponding new banks and business thereof.1 on the commencement of this act, there shall be constituted such corresponding new banks as are specified in the first schedule. 2 the paidup capital of every corresponding new bank constituted under subsection 1 shall, until any provision is made in this behalf in any scheme made under section 9, be equal to the paidup capital of the existing bank in relation to which it is the corresponding new bank. 2 3 2a subject to the provisions of this act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paidup shares of ten rupees each: provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the reserve bank: provided further that the central government may in consultation with the reserve bank and by notification in the official gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paidup shares. 2b notwithstanding anything contained in subsection 2, the paid up capital of every corresponding new bank constituted under subsection 1 may from time to time be increased by a such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, transfer from the reserve fund established by such bank to such paidup capital b such amounts as the central government may, after consultation with the reserve bank, contribute to such paid up capital 4 c such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, raise whether by public issue 5 or rights issue or by issue of bonus shares or preferential allotment or private placement, of equity shares or preference shares in accordance with the procedure as may be prescribed, so, however, that the central government shall, at all times hold not less than fiftyone per cent. of the paidup capital consisting of equity shares of each corresponding new bank: provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares whether perpetual or irredeemable or redeemable and the terms and conditions subject to which, each class of preference shares may be issued. 6 2bb notwithstanding anything contained in subsection 2 the paidup capital of a corresponding new bank constituted under subsection 1 may, from time to time and before any paidup capital is 7 raised by public issue 5 or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, be reduced by a the central government, after consultation with the reserve bank, by cancelling any paidup capital which is lost, or is unrepresented by available assets b the board of directors, after consultation with the reserve bank and with the previous sanction of the central government, by paying off any paidup capital which is in excess of the wants of the corresponding new bank: provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause d of section 2 of the banking companies acquisition and transfer of undertakings act, 40 of with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation. 2bbaa a corresponding new bank may, from time to time and after any paidup capital has been 8 raised by public issue 9 or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of the votes, if any, cast against the resolution by the shareholders so entitled and voting, reduce its paidup capital in any way. b without prejudice to the generality of the foregoing power, the paidup capital may be reduced by i extinguishing or reducing the liability on any of its shares in respect of share capital not paidup ii either with or without extinguishing or reducing liability on any of its paidup shares, cancelling any paidup capital which is lost, or is unrepresented by available assets or iii either with or without extinguishing or reducing liability on any of its paidup shares, paying off any paidup share capital which is in excess of the wants of the corresponding new bank. 2bbb notwithstanding anything contained in subsection 2bb or subsection 2bba, the paidup capital of a corresponding new bank shall not be reduced at any time so as to render it below twentyfive per cent. of the paidup capital of that bank as on the date of commencement of the banking companies acquisition and transfer of undertakings amendment act, 8 of . 2c the entire paidup capital of a corresponding new bank, except the paidup capital 8 raised from public by public issue 9 or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, shall stand vested in, and allotted to, the central government. 2d the shares of every corresponding new bank not held by the central government shall be freely transferable: provided that no individual or company resident outside india or any company incorporated under any law not in force in india or any branch of such company, whether resident outside india or not, shall at any time hold or acquire by transfer or otherwise shares of the corresponding new bank so that such investment in aggregate exceed the percentage, not being more than twenty per cent. of the paidup capital, as may be specified by the central government by notification in the official gazette. explanation.for the purposes of this clause, company means any body corporate and includes a firm or other association of individuals. 2e no shareholder of the corresponding new bank, other than the central government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of 10 ten per cent. of the total voting rights of all the shareholders of the corresponding new bank. 11 provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before such corresponding new bank which directly affects the rights attached to his preference shares: provided further that 12 no preference shareholder, other than the central government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent. of the total voting rights of all the shareholders holding preference share capital only. 2f every corresponding new bank shall keep at its head office a register, in one or more books, of the shareholders in this act referred to as the register and shall enter therein the following particulars: i the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number ii the date on which each person is so entered as a shareholder iii the date on which any person ceases to be a shareholder and iv such other particulars as may be prescribed: 13 provided that nothing in this subsection shall apply to the shares held with a depository. 2g notwithstanding anything contained in subsection 2f, it shall be lawful for every corresponding new bank to keep the register in computer floppies or diskettes subject to such safeguards as may be prescribed. 3 notwithstanding anything contained in the indian evidence act, 1 of a copy of, or extract from, the register, certified to be a true copy under the hand of an officer of the corresponding new bank authorised in this behalf by it, shall, in all legal proceedings, be admissible in evidence. 4 every corresponding new bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, and to contract, and may sue and be sued in its name. 5 every corresponding new bank shall carry on and transact the business of banking as defined in clause b of section 5 of the banking regulation act, 10 of and may engage in 14 one or more of the other forms of business specified in subsection 1 of section 6 of that act. 6 every corresponding new bank shall establish a reserve fund to which shall be transferred the share premiums and the balance, if any, standing to the credit of the reserve fund of the existing bank in relation to which it is the corresponding new bank, and such further sums, if any, as may be transferred in accordance with the provisions of section 17 of the banking regulation act, 10 of . 15 7 i the corresponding new bank shall, if so required by the reserve bank, act as agent of the reserve bank at all places in india where it has a branch, for a paying, receiving, collecting and remitting money, bullion and securities on behalf of any government in india and b undertaking and transacting any other business which the reserve bank may from time to time entrust to it. ii the terms and conditions on which any such agency business shall be carried on by the corresponding new bank on behalf of the reserve bank shall be such as may be agreed upon. iii if no agreement can be reached on any matter referred to in clause ii, or if a dispute arises between the corresponding new bank and the reserve bank as to the interpretation of any agreement between them, the matter shall be referred to the central government and the decision of the central government thereon shall be final. iv the corresponding new bank may transact any business or perform any functions entrusted to it under clause i, by itself or through any agent approved by the reserve bank. 1. subs. by act 37 of , s. 3, for the heading w.e.f. . 2. subs. by s. 4, ibid., for subsections 2a and 3 w.e.f. . 3. subs. by act 4 of , s. 15, for subsection 2a w.e.f. . 4. subs. by act 45 of , s. 2, for clause c w.e.f. . 5. ins. by act 4 of , s. 15 w.e.f. . 6. ins. by act 8 of , s. 2 w.e.f. . 7. subs. by act 45 of , s. 2, for raised by public issue w.e.f. . 8. subs. by act 45 of , s. 2, for raised by public issue w.e.f. . 9. ins. by act 4 of , s. 15 w.e.f. . 10. subs. by s.15, ibid., for one per cent. w.e.f. . 11. ins. by act 45 of , s. 2 w.e.f. . 12. subs. by act 4 of , s. 15, for certain words w.e.f. . 13. ins. by act 8 of , s. 16 w.e.f. . 14. subs. by act 1 of , s. 65, for one or more forms of business w.e.f.. 15. ins. by s. 65, ibid. w.e.f. .

section 8. of the banking companies acquisition and transfer of undertakings act : every corresponding new bank shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government may, after consultation with the governor of the reserve bank, give.

section 3b. register of beneficial owners of the banking companies acquisition and transfer of undertakings act : 1 3b. register of beneficial owners.the register of beneficial owners maintained by a depository under section 11 of the depositories act, 22 of , shall be deemed to be a register of shareholders for the purpose of this act. explanation.for the purposes of section 3, section 3a and this section, the expressions beneficial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, 22 of . 1. ins. by s. 18, ibid. w.e.f. .

section 4.undertaking of existing banks to vest in corresponding new banks of the banking companies acquisition and transfer of undertakings act : on the commencement of this act, the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank.

section 10. of the banking companies acquisition and transfer of undertakings act : 1 every corresponding new bank shall cause its books to be closed and balanced on the 31st day of december 1 or such other date in each year as the central government may by notification in the official gazette, specify and shall appoint, with the previous approval of the reserve bank, and auditors for the audit of its accounts: 2 provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to the books in respect of the concerned years. 2 every auditor of a corresponding new bank shall be a person who is qualified to act as an auditor of a company under section 226 of the companies act, 1 of , and shall receive such remuneration as the reserve bank may fix in consultation with the central government. 3 every auditor shall be supplied with a copy of the annual balancesheet and profit and loss account and a list of all books kept by the corresponding new bank, and it shall be the duty of the auditor to examine the balancesheet and profit and loss account with the accounts and vouchers relating thereto, and in the performance of his duties, the auditor a shall have, at all reasonable times, access to the books, accounts and other documents of the corresponding new bank, b may, at the expense of the corresponding new bank, employ accountants or other persons to assist him in investigating such accounts, and c may, in relation to such accounts, examine the custodian or any officer or employee of the corresponding new bank. 4 every auditor of a corresponding new bank shall make a report to the central government upon the annual balancesheet and accounts and in every such report shall state a whether, in his opinion, the balancesheet is a full and fair balancesheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory b whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank c whether or not the returns received from the offices and branches of the corresponding new bank have been found adequate for the purpose of his audit d whether the profit and loss account shows a true balance of profit or loss for the period covered by such account and e any other matter which he considers should be brought to the notice of the central government. 3 explanation i.for the purposes of this act a the balancesheet shall not be treated as not disclosing a true and fair view of the affairs of the corresponding new bank, and b the profit and loss account shall not be treated as not showing a true balance of profit or loss for the period covered by such account, merely by reason of the fact that the balancesheet or, as the case may be, the profit and loss account does not disclose any matters which are by the provisions of the banking regulation act, 10 of , read with the relevant provisions of this act or any other act, not required to be disclosed. explanation ii.for the purposes of this act the accounts of the corresponding new bank shall not be deemed as having not been properly drawn up on the ground merely that they do not disclose certain matters if i those matters are such as the corresponding new bank is, by virtue of any provision contained in the banking regulation act, 10 of , read with the relevant provisions of this act, or any other act, not required to disclose and ii the provisions referred to in clause i are specified in the balancesheet and profit and loss account of the corresponding new bank or in the auditors report. 5 the report of the auditor shall be verified, signed and transmitted to the central government. 6 the auditor shall also forward a copy of the audit report to the corresponding new bank and to the reserve bank. 7 after making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which are usually provided for by banking companies, a corresponding new bank 4 may, out of its net profits, declare a dividend and retain the surplus, if any. 5 7a every corresponding new bank shall furnish to the central government 6 and to the reserve bank the annual balancesheet, the profit and loss account, and the auditors report and a report by its board of directors on the working and activities of the bank during the period covered by the accounts. 8 the central government shall cause every auditors report and report on the working and activities of each corresponding new bank to be laid 7 as soon as may be after they are received before each house of parliament 8 . 5 9 without prejudice to the foregoing provisions, the central government may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have all the rights, privileges and authority in relation to the audit of the accounts of the corresponding new bank which an auditor appointed by the corresponding new bank has under this section. 1. subs. by act 66 of , s. 32, for of each year w.e.f. . 2. ins. by s. 32, ibid. w.e.f. . 3. ins. by act 1 of , s. 67 w.e.f. . 4. subs. by act 37 of , s. 7, for certain words w.e.f. . 5. ins. by act 1 of , s. 67 w.e.f. . 6. ins. by act 37 of , s. 7 w.e.f. . 7. subs. by act 1 of , s. 67, for certain words w.e.f. . 8. certain words omitted by act 81 of , s. 9 w.e.f. .

section 7. of the banking companies acquisition and transfer of undertakings act : 1 the head office of each corresponding new bank shall be at such place as the central government may, by notification in the official gazette, specify in this behalf, and, until any such place is so specified, shall be at such place at which the head office of the existing bank, in relation to which it is the corresponding new bank, is on the commencement of this act, located. 2 the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a board of directors which shall be entitled to exercise all such powers and do all such acts and things as the corresponding new bank is authorised to exercise and do. 3 a as soon as may be after the appointed day, the central government shall, in consultation with the reserve bank, constitute the first board of directors of a corresponding new bank, consisting of not more than seven persons, to be appointed by the central government, and every director so appointed shall hold office until the board of directors of such corresponding new bank is constituted in accordance with the scheme made under section 9: provided that the central government may, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, remove a person from the membership of the first board of directors and appoint any other person in his place. b every member of the first board of directors not being an officer of the central government or of the reserve bank shall receive such remuneration as is equal to the remuneration which a member of the board of directors of the existing bank was entitled to receive immediately before the commencement of this act. 4 until the first board of directors is appointed by the central government under subsection 3, the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as may be exercised or done by that bank. 5 the chairman of an existing bank holding office as such immediately before the commencement of this act, shall be the custodian of the corresponding new bank and shall receive the same emoluments as he was receiving immediately before such commencement: provided that the central government may, if the chairman of an existing bank declines to become, or to continue to function as, a custodian of the corresponding new bank, or, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, appoint any other person as the custodian of a corresponding new bank and the custodian so appointed shall receive such emoluments as the central government may specify in this behalf. 6 the custodian shall hold office during the pleasure of the central government.

section 9. of the banking companies acquisition and transfer of undertakings act : show related subordinates 1 the central government may, after consultation with the reserve bank, make a scheme for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely: a the capital structure of the corresponding new bank 1. b the constitution of the board of directors, by whatever name called, of the corresponding new bank and all such matters in connection therewith or incidental thereto as the central government may consider to be necessary or expedient c the reconstitution of any corresponding new bank into two or more corporations, the amalgamation of any corresponding new bank with any other corresponding new bank or with another banking institution, the transfer of the whole or any part of the undertaking of a 2corresponding new bank to any other corresponding new bank or banking institution or the transfer of the whole or any part of the undertaking of any other banking institution to a corresponding new bank 3ca the manner in which the excess number of directors shall retire under second proviso to clause i of subsection 3 d such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this act. 43 every board of directors of a corresponding new bank constituted under any scheme made under subsection 1, shall include 5a not more than five wholetime directors to be appointed by the central government after consultation with the reserve bank: provided that the central government, may, after consultation with the reserve bank, by notification published in the official gazette, post a wholetime director so appointed to any other corresponding new bank. explanation. for the purposes of this clause, the expression corresponding new bank shall include a corresponding new bank as defined in clause b of section 2 of the banking companies acquisition and transfer of undertakings act, b one director who is an official of the central government to be nominated by the central government: provided that no such director shall be a director of any other corresponding new bank. explanation.for the purposes of this clause, the expression corresponding new bank shall include a corresponding new bank within the meaning of the banking companies acquisition and transfer of undertakings act, 40 of 6c one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks, to be nominated by the central government on there commendation of the reserve bank explanation.for the purpose of this clause, an officer of the reserve bank includes an officer of the reserve bank who is deputed by that bank under section 54aa of the reserve bank of india act, 2 of to any institution referred to therein 7 e one director, from among such of the employees of the corresponding new bank who are workmen under clause s of section 2 of the industrial disputes act, 14 of , to be nominated by the central government in such manner as may be specified in a scheme made under this section f one director, from among the employees of the corresponding new bank who are not workmen under clauses of section 2 of the industrial disputes act, 14 of , to be nominated by the central government after consultation with the reserve bank g one director who has been a chartered accountant for not less than fifteen years to be nominated by the central government after consultation with the reserve bank h subject to the provisions of clause i, not more than six directors to be nominated by the central government 8i where the capital issued under clause c of subsection 2b of section 3 is i not more than sixteen per cent. of the total paidup capital, one director ii more than sixteen per cent. but not more than thirtytwo per cent. of the total paidup capital, two directors iii more than thirtytwo per cent. of the total paidup capital, three directors, to be elected by the shareholders, other than the central government, from amongst themselves: provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause h shall retire in such manner as may be specified in the scheme: provided further that in case the number of directors elected, on or before the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, 45 of , in a corresponding new bank exceed the number of directors specified in subclause i or subclause ii or subclause iii, as the case may be, such excess number of directors elected before such commencement shall retire in such manner as may be specified in the scheme and such directors shall not be entitled to claim any compensation for the premature retirement of their term of office. 3a the directors to be nominated under clause h or to be elected under clause i of subsection 3 shall a have special knowledge or practical experience in respect of one or more of the following matters, namely: i agricultural and rural economy, ii banking, iii cooperation, iv economics, v finance, vi law, vii small scale industry, viii any other matter the special knowledge of, and practical experience in, which would, in the opinion of the reserve bank, be useful to the corresponding new bank b represent the interests of depositors or c represent the interest of farmers, workers and artisans. 93aa without prejudice to the provisions of subsection 3a and notwithstanding anything to the contrary contained in this act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause i of subsection 3 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the reserve bank may notify from time to time in this regard. 3ab the reserve bank may also specify in the notification issued under subsection 3aa, the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determination and such other matters as may be considered necessary or incidental thereto 3b where the reserve bank is of the opinion that any director of a corresponding new bank elected under clause i of subsection 3 does not fulfil the requirements of 10subsections 3a and 3aa it may, after giving to such director and the bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the board of directors shall coopt any other person fulfilling the requirements of 10subsections 3a and 3aa as a director in place of the person so removed till a director is duly elected by the shareholders of the corresponding new bank in the next annual general meeting and the person so coopted shall be deemed to have been duly elected by the shareholders of the corresponding new bank as a director. 4 the central government may, after consultation with the reserve bank, make a scheme to amend or vary any scheme made under subsection 1. 115 on and from the date of coming into operation of a scheme made under this section with respect to any of the matters referred to in clause c of subsection 2 or any matters incidental, consequential and supplemental thereto, a the scheme shall be binding on the corresponding new bank or corporations or banking institutions, and also on the members, if any, the depositors, and other creditors and employees of each of them and on any other persons having any right or liability in relation to any of them including the trustees or other persons, managing or in any other manner connected with, any provident fund or other fund maintained by any of them b the properties and assets of the corresponding new bank, or as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the corresponding new bank, or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the corporation or corporations brought into existence by reconstitution of the banking institution or the corresponding new bank, as the case may be. 12explanation i. in this section, banking institution means a banking company and includes the state bank of india or a subsidiary bank. 13explanation ii. for the purposes of this section, the expression corresponding new bank shall include a corresponding new bank within the meaning of the banking companies acquisition and transfer of undertakings act, 40 of . 146 every scheme made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days 15which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. certain words omitted by act 37 of , s. 6 w.e.f. . 2. subs. by act 66 of , s. 31, for corresponding new bank to any other banking institution w.e.f. . 3. ins. by act 45 of , s. 3 w.e.f. . 4. subs. by act 37 of , s. 6, for subsection 3 w.e.f. . 5. subs. by act 23 of , s. 148, for clause a w.e.f. . 6. subs. by act 45 of , s. 3, for clause c w.e.f. . 7. clause d omitted by s. 3, ibid. w.e.f. . 8. subs. by s. 3, ibid., for clause i w.e.f. . 9. ins. by act 45 of , s. 3 w.e.f. . 10. subs. by s. 3, ibid., for subsection 3a w.e.f. . 11. ins. by act 1 of , s. 66 w.e.f. . 12. explanation numbered as explanation i thereof by act 66 of , s. 31 w.e.f. . 13. ins. by act 66 of , s. 31 w.e.f. . 14. subsection 5 renumbered as subsection 6 thereof by act 1 of , s. 66 w.e.f. . 15. subs. by s. 66, ibid., for certain words w.e.f. .

section 9a. power of reserve bank to appoint additional director of the banking companies acquisition and transfer of undertakings act : 1 9a. power of reserve bank to appoint additional director.1 if the reserve bank is of the opinion that in the interest of banking policy or in the public interest or in the interests of the corresponding new bank or its depositors, it is necessary so to do, it may, from time to time, by order in writing appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the corresponding new bank. 2 any person appointed as an additional director in pursuance of this section a shall hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the reserve bank may specify b shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and c shall not be required to hold qualification shares in the corresponding new bank. 3 for the purpose of reckoning any proportion of the total number of directors of the corresponding new bank, any additional director appointed under this section shall not be taken into account. 1.ins. by act 45 of , s. 4 w.e.f. .

section 10a. of the banking companies acquisition and transfer of undertakings act : 1 10a. annual general meeting.1 a general meeting in this act referred to as an annual general meeting of every corresponding new bank which has issued capital under clause c of subsection 2b of section 3 shall be held at the place of the head office of the bank in each year at such time as shall from time to time be specified by the board of directors: provided that such annual general meeting shall be held before the expiry of six weeks from the date on which the balance sheet, together with the profit and loss account and auditors report is under subsection 7a of section 10, forwarded to the central government or to the reserve bank whichever date is earlier. 2 the shareholders present at an annual general meeting 2 shall be entitled to discuss, approve and adopt the balancesheet and the profit and loss account of the corresponding new bank made up to the previous 31st day of march, the report of the board of directors on the working and activities of the corresponding new bank for the period covered by the accounts and the auditors report on the balancesheet and accounts. 3 3 nothing contained in this section shall apply during the period for which the board of directors of a corresponding new bank had been superseded under subsection 1 of section 18a: provided that the administrator may, if he considers it appropriate in the interest of the corresponding new bank whose board of directors had been superseded, call annual general meeting in accordance with the provisions of this section. 1. ins. by act 37 of , s. 8 w.e.f. . 2. subs. by act 45 of , s. 5, for certain words w.e.f. . 3. ins. by s. 5, ibid. w.e.f. .

section 13. obligations as to fidelity and secrecy. of the banking companies acquisition and transfer of undertakings act : 1 every corresponding new bank shall observe, except as otherwise required by law, the practices and usages customary among bankers, and, in particular, it shall not divulge any information relating to or to the affairs of its constituents except in circumstances in which it is, in accordance with law or practices and usages customary among bankers, necessary or appropriate for the corresponding new bank to divulge such information. 2 every director, member of a local board or a committee, or auditor, adviser, officer or other employee of a corresponding new bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the third schedule. 3 every custodian of a corresponding new bank shall, as soon as possible, make a declaration of fidelity and secrecy in the form set out in the third schedule. 1 4 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 30 of , s. 34 and sch. w.e.f. .

section 10b. of the banking companies acquisition and transfer of undertakings act : 1 10b. transfer of unpaid or unclaimed dividend to unpaid dividend account.1 where, after after the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, 45 of , a dividend has been declared by a corresponding new bank but has not been paid or claimed within thirty days from the date of declaration, to, or by, any shareholder entitled to the payment of the dividend, the corresponding new bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed within the said period of thirty days, to a special account to be called unpaid dividend account of ... the name of the corresponding new bank. explanation.in this subsection, the expression dividend which remains unpaid means any dividend the warrant in respect thereof has not been enchased or which has otherwise not been paid or claimed. 2 where the whole or any part of any dividend, declared by a corresponding new bank before the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, 45 of , remains unpaid at such commencement, the corresponding new bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in subsection 1. 3 any money transferred to the unpaid dividend account of a corresponding new bank in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the investor education and protection fund established under subsection 1 of section 205c of the companies act, 1 of . 4 the money transferred under subsection 3 to the investor education and protection fund shall be utilised for the purposes and in the manner specified in section 205c of the companies act, 1 of . 1. ins. by s. 6, ibid. w.e.f. .

section 15.certain defects not to invalidate acts or proceedings of the banking companies acquisition and transfer of undertakings act : 1 all acts done by the custodian, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. 2 no act or proceeding of any board of directors or a local board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board or committee, as the case may be. 3 all acts done by a person acting in good faith as a director or member of a local board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated.

section 11. corresponding new bank deemed to be an indian company of the banking companies acquisition and transfer of undertakings act : for the purposes of the incometax act, 43 of , every corresponding new bank shall be deemed to be an indian company and a company in which the public are substantially interested.

section 12.removal of chairman from office of the banking companies acquisition and transfer of undertakings act : show related subordinates 1 every person holding office, immediately before the commencement of this act, as chairman of an existing bank shall, if he becomes custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such chairman. 2 save as otherwise provided in subsection 1, every officer or other employee of an existing bank shall become, on the commencement of this act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. 3 for the persons who immediately before the commencement of this act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the central government may, by general or special order, specify. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 12a. of the banking companies acquisition and transfer of undertakings act : 1 12a. bonus.1 no officer or other employee other than an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of of a corresponding new bank shall be entitled to be paid any bonus. 2 no employee of a corresponding new bank, being an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of , shall be entitled to be paid any bonus except in accordance with the provisions of that act. 3 the provisions of this section shall have effect notwithstanding any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in any other provision of this act or in the industrial disputes act, 14 of , or any other law for the time being in force or any practice, usage or custom or any contract, agreement, settlement, award or other instrument. 1. ins. by act 64 of , s. 4 w.e.f. .

section 14. custodian to be public servant of the banking companies acquisition and transfer of undertakings act : every custodian of a corresponding new bank shall be deemed to be a public servant for the purposes of chapter ix of the indian penal code 45 of .

section 16.indemnity of the banking companies acquisition and transfer of undertakings act : 1 every custodian of a corresponding new bank and every officer of the central government or of the reserve bank and every officer or other employee of a corresponding new bank, shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his own wilful act or default. 2 a director or member of a local board or committee of a corresponding new bank shall not be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the corresponding new bank, or by the insolvency or wrongful act of any customer or debtor, or by anything done in or in relation to the execution of the duties of his office, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member.

section 16a. arrangement with corresponding new bank on appointment of directors to prevail of the banking companies acquisition and transfer of undertakings act : 116a. arrangement with corresponding new bank on appointment of directors to prevail.1 where any arrangement entered into by a corresponding new bank with a company provides for the appointment by the corresponding new bank of one or more directors of such company, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the corresponding new bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the corresponding new bank and may be removed or substituted by any person by order in writing of the corresponding new bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. ins. by act 1 of , s. 68 w.e.f. .

section 21. repeal and savings of the banking companies acquisition and transfer of undertakings act : 1 the banking companies acquisition and transfer of undertakings ordinance, ord. 3 of , is hereby repealed. 2 notwithstanding such repeal and notwithstanding any judgment, decree or order of any court or tribunal, a any action taken, or purported to have been taken, or anything done, or purported to have been done, between the 19th day of july, , and the 10th day of february, , by any corresponding new bank purported to have been constituted under the banking companies acquisition and transfer of undertakings ordinance, 8 of , or the banking companies acquisition and transfer of undertakings act, 22 of , or by any person purporting to act on behalf of such bank and any right, obligation or liability acquired or incurred, between the said dates, by or on behalf of such corresponding new bank shall be deemed to have been taken, done, acquired or incurred under the provisions of this act by or on behalf of the corresponding new bank constituted thereunder b any action taken, or purported to have been taken, or anything done, or purported to have been done, between the 10th day of february, , and the appointed day, by an existing bank or by any person acting on behalf of such bank, and any right, obligation or liability acquired or incurred, between the said dates, by or on behalf of such existing bank shall be deemed to have been taken, done, acquired or incurred under the provisions of this act by or on behalf of the corresponding new bank constituted thereunder c anything done or any action taken, including any order made, notification issued or directions given under the banking companies acquisition and transfer of undertakings ordinance, 3 of , shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provisions of this act. 3 any suit, appeal or other proceeding of whatever nature instituted on or after the 19th day of july, , by or against a corresponding new bank purported to have been constituted by the banking companies acquisition and transfer of undertakings ordinance, 8 of , or the banking companies acquisition and transfer of undertakings act, 22 of , shall not abate, be discontinued, or be, in any way, prejudicially affected by reason of the expiry of the said ordinance or the invalidation of the said act, as the case may be, but such suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corresponding new bank as if such suit, appeal or other proceeding had been instituted by or against the corresponding new bank constituted under this act.

section 17. of the banking companies acquisition and transfer of undertakings act : any reference to any existing bank in any law, other than this act, or in any contract or other instrument shall, in so far as it relates to the undertaking which has been transferred by section 4, be construed as a reference to the corresponding new bank.

section 18.dissolution of the banking companies acquisition and transfer of undertakings act : no provision of law relating to winding up of corporations shall apply to a corresponding new bank and no corresponding new bank shall be placed in liquidation save by order of the central government and in such manner as it may direct.

section 20.amendment of certain enactments of the banking companies acquisition and transfer of undertakings act : 1 in the banking regulation act, 10 of , a in section 34a, in subsection 3, for the words and any subsidiary bank, the words, figures and brackets a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of and any subsidiary bank shall be substituted b in section 36ad, in subsection 3, for the words and any subsidiary bank, the words, figures and brackets a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , and any subsidiary bank shall be substituted c in section 51, for the words or any other banking institution notified by the central government in this behalf, the words, figures and brackets or any corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , or any other banking institution notified by the central government in this behalf shall be substituted d in the fifth schedule, in part i of paragraph 1, in clause e, the explanations shall be deemed never to have been inserted. 2 in the industrial disputes act, 14 of , in section 2, in clause bb, for the words and any subsidiary bank, the words, figures and brackets a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , and any subsidiary bank shall be substituted. 3 in the banking companies legal practitioners, clients, accounts act, 46 of , in section 2, in clause a, for the words and any subsidiary bank, the words, figures and brackets a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of , and any subsidiary bank shall be substituted. 4 in the deposit insurance corporation act, 47 of , a in section 2, i after clause e, the following clause shall be inserted, namely: ee corresponding new bank means a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of ii in clause g, a for the words or a banking company, the words a corresponding new bank or a banking company, and b for the words with a banking company, the words with a corresponding new bank or with a banking company, shall be substituted iii in clause i, after the words banking company, the words or a corresponding new bank shall be inserted b section 13 shall be renumbered as subsection 1 thereof and after subsection 1 as so renumbered, the following subsection shall be inserted, namely: 2 the provisions of clauses a, b, c, d and h of subsection 1 shall apply to a corresponding new bank as they apply to a banking company. 5 in the state agricultural credit corporations act, 60 of , a in section 2, after clause i, the following clause shall be inserted, namely: ii corresponding new bank means a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of b after the words subsidiary banks or subsidiary bank, as the case may be, occurring in clause d of subsection 3 of section 5, in clause b of section 9 and in the proviso to section 18, the words corresponding new banks or corresponding new bank, as the case may be, shall be inserted.

section 18a.supersession of board in certain cases of the banking companies acquisition and transfer of undertakings act : 118a. supersession of board in certain cases.1 where the central government, on the recommendation of the reserve bank, is satisfied that in the public interest or for preventing the affairs of any corresponding new bank being conducted in a manner detrimental to the interest of the depositors or the corresponding new bank or for securing the proper management of any corresponding new bank, it is necessary so to do, the central government may, for reasons to be recorded in writing, by order, supersede the board of directors of such corresponding new bank for a period not exceeding six months as may be specified in the order: provided that the period of supersession of the board of directors may be extended from time to time, so, however, that the total period shall not exceed twelve months. 2 the central government may, on supersession of the board of directors of the corresponding new bank under subsection 1, appoint, in consultation with the reserve bank, for such period as it may determine, an administrator not being an officer of the central government or a state government who has experience in law, finance, banking, economics or accountancy. 3 the central government may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 4 upon making the order of supersession of the board of directors of the corresponding new bank, notwithstanding anything contained in this act, a the chairman, managing directors and other directors shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such corresponding new bank, or by a resolution passed in general meeting of such corresponding new bank, shall, until the board of directors of such corresponding new bank is reconstituted, be exercised and discharged by the administrator appointed by the central government under subsection 2: provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of the corresponding new bank. 5 the central government may constitute, in consultation with the reserve bank, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties. 6 the committee shall meet at such times and places and observe such rules of procedure as may be specified by the central government. 7 the salary and allowances payable to the administrator and the members of the committee constituted under subsection 5 by the central government shall be such as may be specified by the central government and be payable by the concerned corresponding new bank. 8 on and before the expiration of two months before expiry of the period of supersession of the board of directors as specified in the order issued under subsection 1, the administrator of the corresponding new bank, shall call the general meeting of the corresponding new bank to elect new directors and reconstitute its board of directors. 9 notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office. 10 the administrator appointed under subsection 2 shall vacate office immediately after the board of directors of the corresponding new bank has been reconstituted. 1. ins. by act 45 of , s. 7 w.e.f. .

section 19. of the banking companies acquisition and transfer of undertakings act : show related subordinates 1 the board of directors of a corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, 1 by notification in the official gazette, make regulations, not inconsistent with the provisions of this act or any scheme made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following matters, namely: a the powers, functions and duties of local boards and restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of local committees and committees of local board including the number of members of any such committee, the powers, functions and duties of such committees, the holding of meetings of local committees and committees, of local boards and the conduct of business thereat b the manner in which the business of the local boards shall be transacted and the procedure in connection therewith 2 ba the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders bb the maintenance of register, and the particulars to be entered in the register in addition to those specified in subsection 2f of section 3, the safeguards to be observed in the maintenance of register on computer floppies or diskettes, inspection and closure of the register and all other matters connected therewith: bc the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised bd the holding of meetings of shareholders and the business to be transacted thereat be the manner in which notices may be served on behalf of the corresponding new bank upon shareholders or other persons bf the manner in which the directors nominated under clause h of subsection 3 of section 9 shall retire c the delegation of powers and functions of the board of directors of a corresponding new bank to the general manager, director, officer or other employee of that bank d the conditions or limitations subject to which the corresponding new bank may appoint advisers, officers or other employees and fix their remuneration and other terms and conditions of service e the duties and conduct of advisers, officers or other employees of the corresponding new bank f the establishment and maintenance of superannuation, pension, provident or other funds for the benefit of officers or other employees of the corresponding new bank or of the dependants of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds g the conduct and defence of legal proceedings by or against the corresponding new bank and the manner of signing pleadings h the provision of a seal for the corresponding new bank and the manner and effect of its use i the form and manner in which contracts binding on the corresponding new bank may be executed j the conditions and the requirements subject to which loans or advances may be made or bills may be discounted or purchased by the corresponding new bank k the persons or authorities who shall administer any pension, provident or other fund constituted for the benefit of officers or other employees of the corresponding new bank or their dependants l the preparation and submission of statements of programmes of activities and financial statements of the corresponding new bank and the period for which and the time within which such statements and estimates are to be prepared and submitted and m generally for the efficient conduct of the affairs of the corresponding new bank. 3 until any regulation is made under subsection 1, the articles of association of the existing bank and every regulation, rule, byelaw or order made by the existing bank shall, if in force at the commencement of this act, be deemed to be the regulations made under subsection 1 and shall have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to be a reference to the corresponding authority of the corresponding new bank and until any such corresponding authority is constituted under this act, shall be deemed to refer to the custodian. 3 4 every regulation shall, as soon as may be after it is made under this act by the board of directors, of a corresponding new bank, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 4 of , s. 2 and the sch. w.e.f. . 2. ins. by act 37 of , s. 9 w.e.f. . 3. ins. by act 1 of , s. 69 w.e.f. .

section 8. of the government of union territories act : 1 at any sitting of the legislative assembly, while any resolution for the removal of the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside and the provisions of subsection 4 of section 7 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent. 2 the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly and shall, notwithstanding anything in section 12, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

section 1. of the government of union territories act : 1 this act may be called the government of union territories act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: 2provided that it shall come into force in the union territory of mizoram on such date, being a date not earlier than the date of commencement of the government of union territories amendment act, 83 of , as the central government may, by notification in the official gazette, appoint: 3provided further that it shall come into force in the union territory of arunachal pradesh on such date, being a date not earlier than the date of commencement of the government of union territories amendment act, 29 of , as the central government may, by notification in the official gazette, appoint: 4provided also that, subject to the preceding provisos, different dates may be appointed for different provisions of this act and for different union territories and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. , vide notificationno. g.s.r. 814, dated , in respect of part i, sections 3, 4 and 14 of part ii, part iii, sections 53, 56 and 57 of part v and first and second schedulesas applicable to the union territory of goa, daman and diu, see gazette of india, extraordinary, part ii, section 3i. , vide notification. no. g.s.r , dated , in respect of remaining provisions of the act applicable to the union territory of goa, daman and diu, see gazette of india, extraordinary, part ii, section 3i. , vide notification no. g.s.r. 81e, dated , in respect of sections 1, 2, 3, 4, 14, 38, 43a and 56 of the act shall come into force in the union territory of mizoram, see gazette of india, extraordinary, part ii, section 3i. , vide notification no. g.s.r. 269e, dated , in respect of all the provisions of the act, other than those which have already come into force in the union territory of mizoram, shall, so far as they are applicable, come into force in that union territory, see gazette of india, extraordinary, part ii, section 3i. , vide notification. no. g.s.r. 815, dated , in respect of part i, sections 53, 56 and 57 of part v and the second schedule in the union territory of pondicherry, see gazette of india, extraordinary, part ii, section 3i. , vide notification no. g.s.r. , dated ,for the remaining provisions came into force in theunion territory of pondicherry, see gazette of india, extraordinary, part ii, section 3i. , vide notification no. s.o. , dated ,in respect of all the provisions in the union territories of himachal pradesh, manipur and tripura, and so much of the provisions as apply to the union territory of delhi, see gazette of india, extraordinary, part ii, section 3ii. , vide notification no. g.s.r. , dated ,in respect of the provisions as apply to the union territory of dadra and nagar haveli, see gazette of india, extraordinary, part ii, section 3i. 2. ins. by act 83 of , s. 2 w.e.f. . 3. ins. by act 29 of , s. 2 w.e.f. . 4. subs. by s. 2, ibid., for provided further that w.e.f. .

section 2. of the government of union territories act : 1 in this act, unless the context otherwise requires, a administrator means the administrator of 1the union territory appointed by the president under artcle 239 b article means an article of the constitution c assembly constituency means a constituency provided under this act for the purpose of elections to the legislative assembly of 1the union territory d election commission means the election commission appointed by the president under article 324 e judicial commissioner includes an additional judicial commissioner f scheduled castes in relation to 1the union territory means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to that union territory g scheduled tribes in relation to 1the union territory means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes in relation to that union territory 2h union territory means the union territory of 3puducherry. 2 any reference in this act to laws made by parliament shall be construed as including a reference to ordinances promulgated by the president under article 123 and a reference to regulations made by the president under article 240. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by s. 65, ibid., for clause h w.e.f. . 3. subs. by act 44 of , s. 7, for pondicherry w.e.f. .

section 7. of the government of union territories act : 1 every legislative assembly shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof and, so often as the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be. 2 a member holding office as speaker or deputy speaker of an assembly a shall vacate his office if he ceases to be a member of the assembly b may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office c may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause c shall be moved unless at least fourteen days notice has been given of the intention to move the resolution: provided further that whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution. 3 while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly. 4 during the absence of the speaker from any sitting of the assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembly, or, if no such person is present, such other person as may be determined by the assembly, shall act as speaker. 5 there shall be paid to the speaker and the deputy speaker of the legislative assembly such salaries and allowances as may be respectively fixed by the legislative assembly of the union territory by law and, until provision in that behalf is so made, such salaries and allowances as the administrator may, with the approval of the president, by order determine.

section 4. of the government of union territories act : a person shall not be qualified to be chosen to fill a seat in the legislative assembly of 1the union territory unless he a is a citizen of india and makes and subscribes before some person authorised in that behalf by the election commission an oath or affirmation according to the form set out for the purpose in the first schedule b is not less than twentyfive years of age and c possesses such other qualifications as may be prescribed in that behalf by or under any law. 1. subs. by act 18 of , s. 65, for a union territory w.e.f.

section 10. of the government of union territories act : every minister shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly of the union territory, and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.

section 6. of the government of union territories act : 1 the administrator shall, from time to time, summon the legislative assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. 2 the administrator may, from time to time, a prorogue the assembly b dissolve the assembly

section 5. of the government of union territories act : the legislative assembly of 1the union territory, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the assembly: provided that the said period may, while a proclamation of emergency issued under clause 1 of article 352 is in operation, be extended by the president by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 13. of the government of union territories act : 1 no person shall be a member both of parliament and of the legislative assembly of 1the union territory and if a person is chosen a member both of parliament and of such assembly, then, at the expiration of such period as may be specified in the rules made by the president, that persons seat in parliament shall become vacant, unless he has previously resigned his seat in the legislative assembly of the union territory. 2 if a member of the legislative assembly of 1the union territory a becomes subject to any disqualification mentioned in 2section 14 or section 14a for membership of the assembly, or b resigns his seat by writing under his hand addressed to the speaker, his seat shall thereupon become vacant. 3 if for a period of sixty days a member of the legislative assembly of 1the union territory is without permission of the assembly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 24 of , s. 2, for section 14 w.e.f. .

section 14a. of the government of union territories act : show related subordinates 114a. disqualification on ground of defection for being a member.the provisions of the tenth schedule to the constitution shall, subject to the necessary modifications including modifications for construing references therein to the legislative assembly of a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly of 2the union territory, section 11, section 16 and section 37 of this act, apply to and in relation to the members of the legislative assembly of 2the union territory as they apply to and in relation to the members of the legislative assembly of a state, and accordingly, a the said tenth schedule as so modified shall be deemed to form part of this act and b a person shall be disqualified for being a member of the legislative assembly of 2the union territory if he is so disqualified under the said tenth schedule as so modified. 1. ins. by act 24 of , s. 3 w.e.f. . 2. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 11. of the government of union territories act : show related subordinates every member of the legislative assembly of 1the union territory shall, before taking his seat, make and subscribe before the administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the first schedule. 1. subs. by act 18 of , s. 65 for a union territory w.e.f. .

section 12. of the government of union territories act : 1 save as otherwise provided in this act, all questions at any sitting of the legislative assembly of 1the union territory shallbe determined by a majority of votes of the members present and voting other than the speaker or person acting as such. 2 the speaker or person acting as such shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes. 3 the legislative assembly of 1the union territory shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly of 1the union territory shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings. 4 the quorum to constitute a meeting of the legislative assembly of 1the union territory shall be onethird of the total number of members of the assembly. 5 if at any time during a meeting of the legislative assembly of 1the union territory there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum. 1. subs. by act 18 of , s. 65 for a union territory w.e.f. .

section 9. of the government of union territories act : 1 the administrator may address the legislative assembly and may for that purpose require the attendance of members. 2 the administrator may also send messages to the assembly whether with respect to a bill then pending in the assembly or otherwise, and when a message is so sent, the assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

section 14. of the government of union territories act : 1 a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly of 1the union territory a if he holds any office of profit under the government of india or the government of any state or the government of 2the union territory other than an office declared by law made by parliament or by the legislative assembly of the union territory not to disqualify its holder or b if he is for the time being disqualified for being chosen as, and for being, a member of either house of parliament under the provisions of subclause b, subclause c or subclause d of clause 1 of article 102 or of any law made in pursuance of that article. 2 for the purposes of this section, a person shall not be deemed to hold an office of profit under the government of india or the government of any state or the government of 2the union territory by reason only that he is a minister either for the union or for such state or union territory. 3 if any question arises as to whether a member of the legislative assembly of 1the union territory has become disqualified for being such a member under the provisions of subsection 1, the question shall be referred for the decision of the president and his decision shall be final. 4 before giving any decision on any such question, the president shall obtain the opinion of the election commission and shall act according to such opinion. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 18 of , s. 65, for any union territory w.e.f. .

section 15. of the government of union territories act : if a person sits or votes as a member of the legislative assembly of 1the union territory before he has complied with the requirements of section 11 or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 21. of the government of union territories act : show related subordinates 121. inconsistency between laws made by parliament and laws made by legislative assembly.if any provision of a law made by the legislative assembly of 2the union territory with respect to any matter enumerated in the state list in the seventh schedule to the constitution is repugnant to any provision of alaw made by parliament with respect to that matter, whether passed before or after the law made by the legislative assembly of the union territory, or, if any provision of a law made by the legislative assembly of 2the union territory with respect to any matter enumerated in the concurrent list in the seventh schedule to the constitution is repugnant to any provision of any earlier law, other than a law made by the legislative assembly of the union territory, with respect to that matter, then, in either case, the law made by parliament, or, as the case may be, such earlier law shall prevail and the law made by the legislative assembly of the union territory shall, to the extent of the repugnancy, be void: provided that if such law made by the legislative assembly of the union territory has been reserved for the consideration of the president and has received his assent, such law shall prevail in that union territory: provided further that nothing in this section shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislative assembly of the union territory. 1. subs. by act 29 of , s. 4, for section 21 w.e.f. 2. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 16., of members. of the government of union territories act : 1 subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislative assembly, there shall be freedom of speech in the legislative assembly of 1the union territory. 2 no member of the legislative assembly of 2the union territory shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof, and no person shall be so liable in respect of the publicationby or under the authority of such assembly of any report,paper, votes or proceedings. 3 in other respects, the powers, privileges and immunities of the legislative assembly of 2the union territory and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees. 4 the provisions of subsections 1, 2 and 3 shall apply in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly of 2the union territory or any committee thereof as they apply in relation to members of that assembly. 1. subs. by act 18 of , s. 65 for every union territory w.e.f. . 2. subs. by act 18 of , s. 65, for a union territory w.e.f. . .

section 17. of the government of union territories act : members of the legislative assembly of 1the union territory shall be entitled to receive such salaries and allowances as may from time to time be determined by the legislative assembly of the union territory by law and, until provision in that behalf is so made, such salaries and allowances as the administrator may, with the approval of the president, by order determine. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 19. of the government of union territories act : the property of the union shall, save in so far as parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the legislative assembly of 1the union territory or by or under any other law in force in 1the union territory: provided that nothing in this section shall, until parliament by law otherwise provides, prevent any authority within 1the union territory from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as that tax continues to be levied in that union territory. 1. subs. by act 18 of , s. 65, for a union territory w.e.f.

section 18. of the government of union territories act : 1 subject to the provisions of this act, the legislative assembly of 1the union territory may make laws for the whole or any part of the union territory with respect to any of the matters enumerated in the state list or the concurrent list in the seventh schedule to the constitution in so far as any such matter is applicable in relation to union territories. 2 nothing in subsection 1 shall derogate from the powers conferred on parliament by the constitution to make laws with respect to any matter for 1the union territory or any part thereof. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 20. of the government of union territories act : 11 the provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the legislative assembly of 2the union territory with respect to any of the matters referred to in those articles as they apply in relation to any law passed by the legislature of a state with respect to those matters. 32 the provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the legislative assembly of 2the union territory with respect to any of the matters referred to in that article as they apply in relation to any law passed by the legislature of a state with respect to those matters. 1. secton 20 renumbered as subsection 1 thereof by act 83 of , s. 5 w.e.f. . 2. subs. by act 18 of , s. 65, for a union territory w.e.f. . 3. ins. by s. 5, ibid. w.e.f. .

section 22. of the government of union territories act : no bill or amendment shall be introduced into, or moved in, the legislative assembly of 1the union territory without the previous sanction of the administrator, if such bill or amendment makes provision with respect to any of the following matters, namely: a constitution and organisation of the court of the judicial commissioner b jurisdiction and powers of the court of the judicial commissioner with respect to any of the matters in the state list or the concurrent list in the seventh schedule to the constitution. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 27. of the government of union territories act : 1 the administrator of each union territory shall in respect of every financial year cause to be laid before the legislative assembly of the union territory, with the previous approval of the president, a statement of the estimated receipts and expenditure of the union territory for that year, in this part referred to as the annual financial statement. 2 the estimates of expenditure embodied in the annual financial statement shall show separately a the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of the union territory, and b the sums required to meet other expenditure proposed to be made from the consolidated fund of the union territory and shall distinguish expenditure on revenue account from other expenditure. 3 the following expenditure shall be expenditure charged on the consolidated fund of each union territory: a the emoluments and allowances of the administrator and other expenditure relating to his office as determined by the president by general or special order b the charges payable in respect of loans advanced to the union territory from the consolidated fund of india including interest, sinking fund charges and redemption charges, and other expenditure connected therewith c the salaries and allowances of the speaker and the deputy speaker of the legislative assembly d expenditure in respect of the salaries and allowances of a judicial commissioner e any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal f expenditure incurred by the administrator in the discharge of his special responsibility g any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly of the union territory to be so charged.

section 23. of the government of union territories act : 1 a bill or amendment shall not be introduced into, or moved in, the legislative assembly of 1the union territory except on the recommendation of the administrator, if such bill or amendment makes provision for any of the following matters, namely: a the imposition, abolition, remission, alteration or regulation of any tax b the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of the union territory c the appropriation of moneys out of the consolidated fund of the union territory d the declaring of any expenditure to be expenditure charged on the consolidated fund of the union territory or the increasing of the amount of any such expenditure 2e the receipt of money on account of the consolidated fund of the union territory or the public account of the union territory or the custody or issue of such money or the audit of the account of the union territory: provided that no recommendation shall be required under this subsection for the moving of an amendment making provision for the reduction or abolition of any tax. 2 a bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes. 3 a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of 1the union territory shall not be passed by the legislative assembly of the union territory unless the administrator has recommended to that assembly the consideration of the bill. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 38 of , s. 2, for clause e w.e.f.

section 24. of the government of union territories act : 1 a bill pending in the legislative assembly of 1the union territory shall not lapse by reason of the prorogation of the assembly. 2 a bill which is pending in the legislative assembly of 1the union territory shall lapse on a dissolution of the assembly. 1. subs. by act 18 of , s. 65, for a union territory w.e.f.

section 25. of the government of union territories act : show related subordinates 125. assent to bills.when a bill has been passed by the legislative assembly of 2the union territory, it shall be presented to the administrator and the administrator shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president: provided that the administrator may, as soon as possible after the presentation of the bill to him for assent, return the bill if it is not a money bill together with a message requesting that the assembly will reconsider the bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a bill is so returned, the assembly will reconsider the bill accordingly, and if the bill is passed again with or without amendment and presented to the administrator for assent, the administrator shall declare either that he assents to the bill or that he reserves the bill for the consideration of the president: provided further that the administrator shall not assent to, but shall reserve for the consideration of the president, any bill which, a in the opinion of the administrator would, if it became law, so derogate from the powers of the high court as to endanger the position which that court is, by the constitution, designed to fill or b relates to any of the matters specified in clause 1 of article 31a or c the president may, by order, direct to be reserved for his consideration or d relates to matters referred to in subsection 5 or section 7 or section 17 or section 34 or subsection 6 of section 45 or in entry 1 or entry 2 of the state list in the seventh schedule to the constitution: provided also that without prejudice to the provisions of the second proviso, the administrator shall not assent to, but shall reserve for the consideration of the president, any bill which has been passed by the legislative assembly of the union territory of mizoram and which relates to any area comprised in any autonomous district in that union territory under the sixth schedule to the constitution. explanation.for the purposes of this section and section 25a, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in subsection 1 of section 23 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill. 1. subs. by act 83 of , s. 7, for section 25 w.e.f. . 2. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 25a. of the government of union territories act : when a bill is reserved by an administrator for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom: provided that where the bill is not a money bill, the president may direct the administrator to return the bill to the legislative assembly together with such a message as is mentioned in the first proviso to section 25 and, when a bill is so returned, the assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the assembly with or without amendment, it shall be presented again to the president for his consideration.

section 26. of the government of union territories act : no act of the legislative assembly of 1the union territory and no provision in any such act, shall be invalid by reason only that some previous sanction or recommendation required by this act was not given, if assent to that act was given 2by the administrator, or, on being reserved by the administrator for the consideration of the president, by the president. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 29 of , s. 5, for by the president w.e.f. 15 .

section 34. of the government of union territories act : 1 the legislative assembly of 1the union territory may by law adopt any one or more of the languages in use in the union territory or hindi as the official language or languages to be used for all or any of the official purposes of the union territory: provided that so long as the legislative assembly of the union territory of pondicherry does not decide otherwise, the french language shall continue to be used as an official language of that union territory for the same official purposes for which it was being used in that territory immediately before the commencement of this act: provided further that the president may by order direct i that the official language of the union shall be adopted for such of the official purposes of the union territory as may be specified in the order ii that any other language shall also be adopted throughout the union territory or such part thereof for such of the official purposes of the union territory as may be specified in the order, if the president is satisfied that a substantial proportion of the population of the union territory desires the use of that other language for all or any of such purposes. 2 the business in the legislative assembly of 1the union territory shall be transacted in the official language or languages of the union territory or in hindi or in english: provided that the speaker of the legislative assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the assembly in his mothertongue. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 28. of the government of union territories act : 1 so much of the estimates as relates to expenditure charged upon the consolidated fund of 1the union territory shall not be submitted to the vote of the legislative assembly of 1the union territory, but nothing in this subsection shall be construed as preventing the discussion in the legislative assembly of any of those estimates. 2 so much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein. 3 no demand for a grant shall be made except on the recommendation of the administrator. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 29. of the government of union territories act : 1 as soon as may be after the grants under section 28 have been made by the assembly, there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the union territory of all moneys required to meet a the grants so made by the assembly, and b the expenditure charged on the consolidated fund of the union territory but not exceeding in any case the amount shown in the statement previously laid before the assembly. 2 no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund of the union territory and the decision of the person presiding as to whether an amendment is inadmissible under this subsection shall be final. 3 subject to the other provisions of this act, no money shall be withdrawn from the consolidated fund of the union territory except under appropriation made by law passed in accordance with the provisions of this section.

section 31. of the government of union territories act : 1 notwithstanding anything in the foregoing provisions of this part, the legislative assembly of 1the union territory shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the provisions of section 29 in relation to that expenditure and the legislative assembly shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the union territory for the purposes for which the said grant is made. 2 the provisions of sections 28 and 29 shall have effect in relation to the making of any grant under subsection 1 or to any law to be made under that subsection as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure. 1. subs. by act 18 of , s. 65, for a union territory w.e.f.

section 33. of the government of union territories act : show related subordinates 1 the legislative assembly of 1the union territory may make rules for regulating, subject to the provisions of this act, its procedure and the conduct of its business: provided that the administrator shall, after consultation with the speaker of the legislative assembly and with the approval of the president, make rules a for securing the timely completion of financial business b for regulating the procedure of, and the conduct of business in, the legislative assembly in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of the union territory c for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the administrator in so far as he is required by this act to act in his discretion. 2 until rules are made under subsection 1, the rules of procedure and standing orders with respect to the legislative assembly of the state of uttar pradesh in force immediately before the commencement of this act in 2the union territory shall have effect in relation to the legislative assembly of that union territory subject to such modifications and adaptations as may be made therein by the administrator: 3 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by s. 65, ibid., for any union territory w.e.f. 3. the proviso omitted by act 69 of , s. 44 w.e.f.

section 30. of the government of union territories act : 1 the administrator shall a if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or b if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the legislative assembly of the union territory, with the previous approval of the president, another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly of the union territory with such previous approval a demand for such excess, as the case may be. 2 the provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the union territory to meet such expenditure or grant.

section 32. of the government of union territories act : notwithstanding anything in the foregoing provisions of this part, the administrator may authorise such expenditure from the consolidated fund of the union territory as he deems necessary for a period of not more than six months beginning with the date of the constitution of the consolidated fund of the union territory, pending the sanction of such expenditure by the legislative assembly of the union territory.

section 35. of the government of union territories act : notwithstanding anything contained in section 34, until parliament by law otherwise provides, the authoritative texts a of all bills to be introduced or amendments thereto to be moved in the legislative assembly of 1the union territory, b of all acts passed by the legislative assembly of 1the union territory, and c of all orders, rules, regulations and byelaws issued under any law made by the legislative assembly of 1the union territory, shall be in the english language: provided that where the legislative assembly of 1the union territory has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislative assembly of the union territory or in any order, rule, regulation or byelaw issued under any law made by the legislative assembly of the union territory, a translation of the same in the english language published under the authority of the administrator in the official gazette shall be deemed to be the authoritative text thereof in the english language. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 37. of the government of union territories act : 1 the validity of any proceedings in the legislative assembly of 1the union territory shall not be called in question on the ground of any alleged irregularity of procedure. 2 no officer or member of the legislative assembly of1the union territory in whom powers are vested by or under this act for regulating procedure or the conduct of business, or for maintaining order in the legislative assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 41. of the government of union territories act : 1 it shall be the duty of the delimitation commission a to delimit the assembly constituencies in each union territory, and b to determine, on the basis of the latest census figures, the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the legislative assembly of 1the union territory other than the union territory of goa, daman and diu, and the constituencies in which these seats shall be so reserved. 2 it shall also be the duty of the delimitation commission a to readjust, on the basis of the latest census figures, the division of each of the union territories of delhi, himachal pradesh, manipur and tripura into parliamentary constituencies, 2the number being 7, 4, 2 and 2 b to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scheduled tribes, as the case may be and c to divide the union territory of goa, daman and diu into two singlemember parliamentary constituencies. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 19 of , s. 37, for the total number thereof remaining the same w.e.f. 136 .

section 36. of the government of union territories act : no discussion shall take place in the legislative assembly of 1the union territory with respect to the conduct of any judicial commissioner or of any judge of the supreme court or of a high court in the discharge of his duties. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 38. of the government of union territories act : in this part, unless the context otherwise requires, a associate member means a member associated with the delimitation commission under section 42 1or with the election commission 2under section 43a or section 43c b delimitation commission means the delimitation commission constituted under section 3 of 3the delimitation act, 33 of 4bb election commission means the election commission appointed by the president under article 324 c latest census figures mean the census figures in 5the union territory ascertained at the latest census of which the finally published figures are available d parliamentary constituency means a constituency provided by law for the purpose of elections to the house of the people from 5the union territory including the union territory of delhi. 1. ins. by act 83 of , s. 9 w.e.f. . 2. subs. by act 29 of , s. 7, for under section 43a w.e.f. . 3. subs. by act 19 of , s. 2, for the delimitation commission act, 61 of w.e.f. . 4. ins. by act 83 of , s. 9 w.e.f. 5. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 39. of the government of union territories act : for the purpose of elections to the legislative assembly of 1the union territory, the union territory shall be divided into singlemember assembly constituencies in accordance with the provisions of this part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the union territory. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 40. of the government of union territories act : there shall be allotted one seat to the union territory of pondicherry in the house of the people and that union territory shall form one parliamentary constituency.

section 43e. of the government of union territories act : 143e. special provisions as to readjustment of territorial constituencies.notwithstanding anything contained in sections 38 to 43d both inclusive, until the relevant figures for the first census taken after the year 2 have been published, it shall not be necessary to readjust the division of each union territory into territorial constituencies and any reference to the latest census figures in this part shall be construed as a reference to the 3 census figures. 1. ins. by act 19 of , s. 3 w.e.f. . 2. subs. by act 19 of , s. 4, for w.e.f. . 3. subs. by s. 4, ibid., for w.e.f. .

section 42. of the government of union territories act : 1 for the purpose of assisting the delimitation commission in its duties, the delimitation commission shall associate with itself, a in respect of the union territory of delhi, all the members of the house of the people representing that union territory b in respect of each of the union territories of himachal pradesh, manipur and tripura, all the members of the house of the people representing that union territory and three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly from among the members thereof c in respect of the union territory of goa, daman and diu, the two members of the house of the people representing that union territory d in respect of the union territory of pondicherry, three members of the legislative assembly of that union territory to be nominated by the speaker of the assembly from among the members thereof. 2 the nomination of members of the several legislative assemblies under subsection 1 shall be made by the respective speakers thereof as soon as practicable and shall be communicated to the delimitation commission. 3 if owing to death or resignation the office of an associate member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section. 4 none of the associate members shall have the right to vote or to sign any decision of the delimitation commission.

section 43. of the government of union territories act : the provisions of sections 7, 9, 10 and 11 of the delimitation commission act, 61 of , shall apply, as far as may be, in relation to the delimitation of parliamentary and assembly constituencies under this part as they apply in relation to the delimitation of parliamentary and assembly constituencies under that act.

section 43d. of the government of union territories act : 143d. special provision for determination of constituencies in the legislative assembly of goa, daman and diu for scheduled castes and scheduled tribes.1 the election commission shall determine on the basis of the latest census figures i the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the legislative assembly of the union territory of goa, daman and diu hereafter in this section referred to as the legislative assembly having regard to the provisions of subsection 5 of section 3 and ii the constituencies in which those seats shall be so reserved having regard to the provisions of clause c, or, as the case may be, clause d, of subsection 1 of section 9 of the delimitation act and without altering the extent of any constituency as delimited by the delimitation commission. 2 the election commission shall a publish its proposals for the determination of the constituencies in which seats shall be reserved for the scheduled castes or for the scheduled tribes, as the case may be, in the gazette of india and in the official gazette of the union territory of goa, daman and diu and also in such other manner as the election commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the number of seats to be reserved for the scheduled castes or for the scheduled tribes, as the case may be, in the legislative assembly and the constituencies in which those seats shall be so reserved and cause such order or orders to be published in the gazette of india and in the official gazette of the union territory of goa, daman and diu and upon such publication in the gazette of india, the order or orders shall have the full force of law and shall not be called in question in any court and the second schedule to the representation of the people act, 43 of and the order made by the delimitation commission under section 9 of the delimitation act in relation to the legislative assembly shall be deemed to have been amended accordingly. 3 subject to the provisions of subsection 4, the readjustment of representation of any territorial constituencies in the legislative assembly necessitated by any order made by the election commission under this section, shall apply in relation to every election to the legislative assembly held after the publication in the gazette of india, under subsection 2, of such order. 4 nothing contained in the foregoing subsections shall affect the representation in the legislative assembly existing on the date of publication in the gazette of india, under subsection 2, of any order made by the election commission. 5 the election commission may, from time to time, by notification in the gazette of india and in the official gazette of the union territory of goa, daman and diu a correct any printing mistake in any order made under subsection 2 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are, or is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 6 every order made under subsection 2 and every notification issued under subsection 5 shall be laid, as soon as may be, after it is made or issued before the legislative assembly. explanation.in this section, a delimitation act means the delimitation act, 76 of b delimitation commission means the delimitation commission constituted under section 3 of the delimitation act. 1. ins. by act 86 of , s. 3 w.e.f. .

section 43a. of the government of union territories act : 143a. special provision for delimitation of constituencies of mizoram legislative assembly.1 the provisions of sections 39 to 43 both inclusive shall not apply to the delimitation of constituencies for the purpose of elections to the legislative assembly of the union territory of mizoram. 2 the election commission shall, in the manner herein provided, distribute the seats assigned to the legislative assembly of the union territory of mizoram under subsection 2 of section 3 to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the constitution and to the following provisions: a all constituencies shall, as far as practicable, be geographically compact areas b in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience. 3 for the purpose of assisting in the performance of its functions under subsection 2, the election commission shall associate with itself as associate members a all the persons who, having been elected to the legislative assembly of the state of assam from the lungleh, aijal east and aijal west territorial constituencies, are members of that assembly immediately before the day appointed under clause b of section 2 of the northeastern areas reorganisation act, 81 of and b such three elected members of the district council of the mizo district as the chairman thereof may nominate: provided that none of the associate members shall have a right to vote or sign any decision of the election commission. 4 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of subsection 3. 5 the election commission shall a publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 6 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under subsection 5 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order upto date. 7 every order made under subsection 5 and every notification issued under subsection 6 shall be laid as soon as may be after it is made or issued before the legislative assembly of the union territory of mizoram. 8 all things done, and all steps taken, before the commencement of this act in the union territory of mizoram with a view to delimiting the territorial constituencies of that union territory for purposes of elections to the legislative assembly of that union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if those provisions were in force at the time such things were done or such steps were taken. 1. ins. by act 83 of , s. 10 w.e.f. .

section 44. of the government of union territories act : show related subordinates 1 there shall be a council of ministers in each union territory with the chief minister at the head to aid and advise the administrator in the exercise of his functions in relation to matters with respect to which the legislative assembly of the union territory has power to make laws except in so far as he is required by or under this act to act in his discretion or by or under any law to exercise any judicial or quasijudicial functions: provided that, in case of difference of opinion between the administrator and his ministers on any matter, the administrator shall refer it to the president for decision and act according to the decision given thereon by the president, and pending such decision it shall be competent for the administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary: 1 2 3 if and in so far as any special responsibility of the administrator is involved under this act, he shall, in the exercise of his functions, act in his discretion. 4 if any question arises as to whether any matter is or is not a matter as respects which the administrator is by or under this act required to act in his discretion, the decision of the administrator thereon shall be final. 5 if any question arises as to whether any matter is or is not a matter as respects which the administrator is required by any law to exercise any judicial or quasijudicial functions, the decision of the administrator thereon shall be final. 6 the question whether any, and if so what, advice was tendered by ministers to the administrator shall not be inquired into in any court. 1.the second proviso omitted by act 34 of , s. 41 w.e.f. . 2. subsection 2 omitted by act 69 of , s. 44 w.e.f. .

section 43b. of the government of union territories act : 143b. representation of arunachal pradesh in the house of the people.in the house of the people to be constituted after the general election to that house to be held after the commencement of the government of union territories amendment act, 29 of and thereafter, there shall be allotted two seats to the union territory of arunachal pradesh and the first schedule to the representation of the people act, 43 of shall be deemed to have been amended accordingly. 1. ins. by act 29 of , s. 8 w.e.f. .

section 47. of the government of union territories act : show related subordinates 1 as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all revenues received in 1 the union territory by the government of india or the administrator of the union territory in relation to any matter with respect to which the legislative assembly of the union territory has power to make laws, and all grants made and 2all loans advanced to the union territory from the consolidated fund of india and all loans raised by the government of india or the administrator of the union territory upon the security of the consolidated fund of the union territory and all moneys received by the union territory in repayment of loans shall form one consolidated fund to be entitled the consolidated fund of the union territory. 2 no moneys out of the consolidated fund of 1the union territory shall be appropriated except in accordance with, and for the purposes and in the manner provided in, this act. 3 the custody of the consolidated fund of 1the union territory, the payment of moneys into such fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the administrator with the approval of the president. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. . 2. subs. by act 38 of , s. 3, for all loans advanced to the union territory from the consolidated fund of india w.e.f. .

section 43c. of the government of union territories act : 143c. special provisions for delimitation of parliamentary constituencies in arunachal pradesh and constituencies of arunachal pradesh legislative assembly.1 the provisions of sections 39 to 43 both inclusive shall not apply to the delimitation of parliamentary constituencies in the union territory of arunachal pradesh or to the delimitation of constituencies for the purpose of elections to the legislative assembly of that union territory. 2 the election commission shall divide the union territory of arunachal pradesh into two singlemember parliamentary constituencies on the basis of the latest census figures. 3 the election commission shall also, in the manner herein provided, distribute the seats assigned to the legislative assembly of the union territory of arunachal pradesh under subsection 2 of section 3 to singlemember assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions: a all constituencies shall, as far as practicable, be geographically compact areas b every assembly constituency shall be so delimited as to fall only within one parliamentary constituency c in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units facilities of communication and public convenience. 4 for the purpose of assisting in the performance of its functions under subsections 2 and 3, the election commission shall associate with itself as associate members a the member of the house of the people representing the union territory of arunachal pradesh b such five members of the legislative assembly of the union territory of arunachal pradesh as the speaker of that assembly shall, having regard to the composition of the legislative assembly, nominate: provided that none of the associate members shall have a right to vote or sign any decision of the election commission. 5 if owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of subsection 4. 6 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 7 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under subsection 6 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 8 every order made under subsection 6 and every notification issued under subsection 7 shall be laid as soon as may be after it is made or issued before the house of the people and the legislative assembly of the union territory of arunachal pradesh. 9 all things done, and all steps taken, before the commencement of this act in the union territory of arunachal pradesh with a view to delimiting the territorial constituencies of that union territory for purposes of elections to the legislative assembly of that union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if these provisions were in force at the time such things were done or such steps were taken. 1. ins. by act 29 of , s. 8 w.e.f. .

section 43f. of the government of union territories act : 143f. special provision as to readjustment of territorial constituencies on the basis of census.notwithstanding the publication of orders under subsection 1 of section 10 of the delimitation act, 33 of or anything contained in subsection 2 or subsection 4 of the said section, any readjustment in the division of union territory into territorial constituencies by the delimitation commission under the said act, on the basis of census shall take effect from such date as the central government may, by order, published in the official gazette, specify and until such readjustment takes effect, any election to the legislative assembly may be held on the basis of the territorial constituencies existing before such readjustment. 1. ins. by act 5 of , s. 2 w.e.f. .

section 45. of the government of union territories act : 1 the chief minister shall be appointed by the president and the other ministers shall be appointed by the president on the advice of the chief minister. 2 the ministers shall hold office during the pleasure of the president. 3 the council of ministers shall be collectively responsible to the legislative assembly of the union territory. 4 before a minister enters upon his office, the administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the first schedule. 5 a minister who for any period of six consecutive months is not a member of the legislative assembly of the union territory shall at the expiration of that period cease to be a minister. 6 the salaries and allowances of ministers shall be such as the legislative assembly of the union territory may from time to time by law determine, and until the legislative assembly so determines, shall be determined by the administrator with the approval of the president.

section 48. of the government of union territories act : 1 there shall be established a contingency fund in the nature of an imprest to be entitled the contingency fund of the union territory, into which shall be paid from and out of the consolidated fund of the union territory such sums as may, from time to time, be determined by law made by the legislative assembly of the union territory and the said fund shall be held by the administrator to enable advances to be made by him out of such fund. 2 no advances shall be made out of the contingency fund of the union territory except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the legislative assembly of the union territory under appropriations made by law. 3 the administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the contingency fund of the union territory.

section 46. of the government of union territories act : show related subordinates 1 the president shall make rules a for the allocation of business to the ministers and b for the more convenient transaction of business with the ministers including the procedure to be adopted in the case of a difference of opinion between the administrator and the council of ministers or a minister. 2 save as otherwise provided in this act, all executive action of the administrator, whether taken on the advice of his ministers or otherwise, shall be expressed to be taken in the name of the administrator. 3 orders and other instruments made and executed in the name of the administrator, shall be authenticated in such manner as may be specified in rules to be made by the administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the administrator.

section 47a. of the government of union territories act : 147a. public account of the union territory and moneys credited to it.1 as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all other public moneys received by or on behalf of the administrator shall be credited to a public account entitled the public account of the union territory. 2 the custody of public moneys, other than those credited to the consolidated fund of the union territory or the contingency fund of the union territory, received by or on behalf of the administrator, their payment into the public account of the union territory and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the administrator with the approval of the president. 1. ins. by s. 4, ibid. w.e.f. .

section 49. of the government of union territories act : the reports of the comptroller and auditorgeneral of india relating to the accounts of 1the union territory for any period subsequent to the date referred to in subsection 1 of section 47 shall be submitted to the administrator who shall cause them to be laid before the legislative assembly of the union territory. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 48a. of the government of union territories act : 148a. borrowing upon the security of the consolidated fund of the union territory.1 the executive power of the union extends to borrowing upon the security of the consolidated fund of the union territory within such limits, if any, as may, from time to time, be fixed by parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed: provided that the powers exercisable by the government of india under this subsection shall also be exercisable by the administrator subject to such conditions, if any, as the government of india may think fit to impose. 2 any sums required for the purpose of invoking a guarantee shall be charged on the consolidated fund of the union territory. 1. ins. by act 38 of , s. 5 w.e.f. .

section 48b. of the government of union territories act : 148b. form of accounts of the union territory.the accounts of the union territory shall be kept in such form as the administrator may, after obtaining advice of the comptroller and auditorgeneral of india and with the approval of the president, prescribe by rules. 1. 1. ins. by act 38 of , s. 5 w.e.f. .

section 52. of the government of union territories act : 152. authorisation of expenditure by president.where the legislative assembly of 2the union territory is dissolved, or its functioning as such assembly remains suspended, on account of an order under section 51, it shall be competent for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of that union territory pending the sanction of such expenditure by parliament. 1. ins. by act 1 of , s. 2 w.e.f. . 2. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 55. of the government of union territories act : for the removal of doubts it is hereby declared that a all contracts in connection with the administration of 1the union territory are contracts made in the exercise of the executive power of the union b all suits and proceedings in connection with the administration of 1the union territory shall be instituted by or against the government of india. 1. subs. by act 18 of , s. 65, for a union territory w.e.f.

section 50. of the government of union territories act : notwithstanding anything in this act, the administrator and his council of ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the president.

section 51. of the government of union territories act : if the president, on receipt of a report from the administrator of 1the union territory or otherwise, is satisfied, a that a situation has arisen in which the administration of the union territory cannot be carried on in accordance with the provisions of this act, or b that for the proper administration of the union territory it is necessary or expedient so to do, the president may, by order, suspend the operation of all or any of the provisions of this act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the union territory in accordance with the provisions of article 239. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 56. of the government of union territories act : if any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this act or in giving effect to the provisions of this act and, in particular, in relation to the constitution of the legislative assembly for 1the union territory, the president may by order do anything not inconsistent with the provisions of this act which appear to him to be necessary or expedient for the purpose of removing the difficulty. 1. subs. by s. 65, ibid., for any union territory w.e.f. .

section 53. of the government of union territories act : 1 as soon as practicable after the commencement of this act, elections shall be held in accordance with law a to fill the seats in the house of the people allotted to the union territory of goa, daman and diu and b to fill the seat in the house of the people and the seat in the council of states allotted to the union territory of pondicherry. 2 notwithstanding anything contained in any other law for the time being in force, the members nominated to represent the union territory of goa, daman and diu in the house of the people shall continue to be such until the election of the members to fill the two seats in that house allotted to that union territory: provided that where the dates of election of the members are different, the members so nominated shall cease to be members of that house on the earlier of those two dates. explanation.in this subsection, the expression date of election has the same meaning as in section 67a of the representation of the people act, 43 of .

section 54. of the government of union territories act : 154. transitional provisions for administration of justice in certain areas in the union territory of mizoram.on and from the commencement of this act in the union territory of mizoram and until other provisions in this behalf are made by a competent legislature or other competent authority, the administration of justice in those areas of that union territory which are not comprised in any autonomous district under the sixth schedule to the constitution shall be carried on, so far as may be, in accordance with the provisions of paragraphs 4 and 5 of that schedule, as if those areas were comprised in an autonomous district under that schedule and the provisions of the said paragraphs were in force in those areas and for this purpose, i all powers and functions of a district council under the provisions of the said paragraph 4 shall be exercised and discharged by the administrator or any officer appointed by him in this behalf ii the said paragraph 5 shall have effect as if references to the district council, the regional council and the courts constituted by the district council, by whatever form of words, had been omitted therefrom and iii references to governor in the said paragraphs 4 and 5 shall be construed as references to the administrator. 1. subs. by act 83 of , s. 12, for section 54 w.e.f.

section 58. of the government of union territories act : 1 the following laws are hereby repealed: a the territorial councils act, of b the decree no. , dated the 25th october, , as subsequently amended, relating to the representative assembly of the state of pondicherry c the decree no. , dated the 12th august, , as subsequently amended, relating to the setting up of a council of government in the state of pondicherry d the state of pondicherry representation of the people order, , in so far as it relates to the representative assembly of pondicherry. 2 notwithstanding the repeal of the territorial councils act, of , a every officer and other employee of the territorial council of 1the union territory serving under the council immediately before such repeal shall become an officer or other employee of government and shall be employed in connection with the administration of the union territory with such designation as the administrator may determine and shall hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have but for such repeal held the same and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the administrator: provided that i the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the central government ii any service rendered by any such officer or other employee before such repeal shall be deemed to be service rendered in connection with the administration of the union territory iii the administrator may employ any such officer or other employee in the discharge of such functions as the administrator may think proper and every such officer or other employee shall discharge those functions accordingly b anything done or any action taken including any notification, order, scheme, rule, form, notice or byelaw made or issued, any licence or permission granted under the repealed act shall in so far as it is not inconsistent with the provisions of this act, continue in force unless and until it is superseded by anything done or any action taken in accordance with law c all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the territorial council before such repeal shall be deemed to have been incurred, entered into or engaged to be done in exercise of the executive power of the union for the purposes of the administration of the union territory d all assessments, valuations, measurements or divisions made by the territorial council shall, in so far as they are not inconsistent with the provisions of this act, continue in force unless and until hey are superseded by any assessment, valuation, measurement or division made by the administrator in accordance with law e all properties, movable and immovable, and all interests of whatsoever nature and kind, vested in the territorial council immediately before such repeal shall, with all rights of whatsoever description, used, enjoyed or possessed by that council, vest in the union for the purposes of the administration of the union territory f all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such repeal were being lawfully levied by the territorial council shall continue to be levied at the same rate at which they were being levied by the council immediately before such repeal until provision to the contrary is made by law g all rates, taxes, cesses, fees, rents, fares and other charges due to the territorial council immediately before such repeal shall be deemed to be due to the union in connection with the administration of the union territory h all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the territorial council may be continued or instituted by or against the government of india. 1. subs. by act 18 of , s. 65, for a union territory w.e.f. .

section 54a. of the government of union territories act : 154a. provision as to provisional legislative assembly of arunachal pradesh.1 notwithstanding anything contained in this act including provisions relating to the strength of the legislative assembly of the union territory of arunachal pradesh, until the legislative assembly of the union territory of arunachal pradesh has been duly constituted and summoned to meet for the first session under and in accordance with the provisions of this act, there shall be a provisional legislative assembly which shall consist of members, being those persons referred to in clauses b, c and d of section 3 of the northeast frontier agency administration supplementary regulation, 4 of and who are functioning, immediately before the commencement of this act in the union territory of arunachal pradesh, as members of the pradesh council constituted under the said section 3. 2 the term of office of the members of the provisional legislative assembly shall expire immediately before the first meeting of the legislative assembly duly constituted after the first general election to that assembly. 3 the provisional legislative assembly constituted under this section shall, for so long as it is in existence, be deemed to be the legislative assembly duly constituted under this act and accordingly the other provisions of this act, so far as may be, apply in relation to the provisional legislative assembly as they apply in relation to the legislative assembly. 1. ins. by act 29 of , s. 10 w.e.f. .

section 57. of the government of union territories act : 1 the enactments specified in the second schedule a shall, together with all rules, notifications and orders made or issued thereunder, extend to and come into force in the union territories of goa, daman and diu, and pondicherry and b shall be subject to the amendments mentioned in the fourth column of the said schedule. 2 all things done, and all steps taken, before the commencement of this act in connection with the preparation or revision of electoral rolls for the purpose of elections to the house of the people from the union territories of goa, daman and diu, and pondicherry, and to the legislative assemblies of those union territories shall, in so far as they are in conformity with the provisions of the representation of the people act, 43 of , as amended by this act, be deemed to have been done in accordance with law.

section 5b. of the textiles committee act : 15b. constitution of tribunal.the central government may, by notification in the official gazette, constitute a tribunal consisting of one person, who is or has been, or is qualified for appointment as a judge of a high court and who is not connected with the committee to exercise the powers and discharge the functions conferred or imposed on the tribunal by or under this act. 1. ins. by act 51 of , s. 6 w.e.f. .

section 1. of the textiles committee act : 1 this act may be called the textiles committee act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 , as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu kashmir omitted by act 51 of , s. 2 w.e.f. . 2 . 22nd august, , vide notification no. s.o. e, dated the 22nd august, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the textiles committee act : show related subordinates in this act, unless there is anything repugnant in the subject or context, a chairman means the chairman of the committee. b committee means the committee established under section 3 1ba fiber means manmade fiber including regenerated cellulose rayon, nylon and the like. c fund means the textile fund referred to in section 7 1ca handloom industries has the meaning assigned to it in the khadi and other handloom industries development additional excise, duty on cloth act, 12 of d member means a member of the committee and includes the chairman and the vicechairman 1da powerloom means a loom which is worked by power as defined in clause g of section 2 of the factories act, 63 of , and which is used or capable of being used only for weaving cloth wholly or partly out of cotton yarn or woollen yarn, or fiber, or any kind of mixed yarn db powerloom industry means an industry in which a manufacturer of textiles has, at any time during the period fixed by the committee under clause a of subsection 5 of section 5a, not more than fifty powerlooms without any spinning plants in the factory or factories owned, controlled or managed by him. explanation.for the purposes of this clause, the expression factory has the meaning assigned to it in the factories act, 63 of : e prescribed means prescribed by rules made under this act f textile machinery means the equipment employed directly or indirectly for the processing of textile fiber into yarn and for the manufacture of fabric therefrom by weaving or knitting and includes equipment used either wholly or partly for the finishing, folding, or packing of textiles 2g textiles means any fabric or cloth or yarn or garment or any other article made wholly or in part of i cotton or ii wool or iii silk or iv artificial silk or other fiber, and includes fiber h vicechairman means the vicechairman of the committee. 1. ins. by act 51 of , s. 3 w.e.f. . 2. subs. by s. 3, ibid., for clause g w.e.f. .

section 5a. of the textiles committee act : show related subordinates 15a. imposition of cess on textiles and textile machinery manufactured in india.1 there shall be levied and collected as a cess for the purposes of this act a duty of excise on all textiles and on all textile machinery manufactured in india at such rate, not exceeding one per cent. ad valorem as the central government may, by notification in the official gazette, fix: provided that no such cess shall be levied on textiles manufactured from out of handloom or powerloom industry. 2 the duty of excise levied under subsection 1 shall be in addition to any cess or duty leviable on textiles or textile machinery under any other law for the time being in force. 3 the duty of excise levied under subsection 1 shall be collected by the committee, in accordance with the rules made in this behalf, from every manufacturer of textiles or textile machinery hereinafter in this section and in sections 5c and 5d referred to as the manufacturer. 4 the manufacturer shall pay to the committee the amount of the duty of excise levied under subsection 1 within one month from the date on which he receives a notice of demand therefore from the committee. 5 for the purpose of enabling the committee to assess the amount of the duty of excise levied under subsection 1, a the committee shall, by notification in the gazette of india, fix the period in respect of which assessments shall be made and b every manufacturer shall furnish to the committee a return, not later than fifteen days after the expiry of the period to which the return relates, specifying the total quantity of textiles or textile machinery manufactured by him during the said period and such other particulars as may be prescribed. 6 if any manufacturer fails to furnish the return referred to in subsection 5 within the time specified therein, or furnishes a return which the committee has reason to believe is incorrect or defective, the committee may assess the amount of the duty of excise in such manner as may be prescribed. 7 any manufacturer aggrieved by an assessment made under this section may appeal to the tribunal, constituted under section 5b for cancellation or modification of the assessment. 1. ins. by act 51 of , s. 6 w.e.f. .

section 2a. of the textiles committee act : 12a. construction of references to any law not in force, or any functionary not in existence, in the state of jammu and kashmir.omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . earlier ins. by act 51 of , s. 4 w.e.f. . 1. ins. by act 51 of , s. 4 w.e.f. .

section 3. of the textiles committee act : show related subordinates 1 the central government shall, by notification in the official gazette, establish with effect from such date as may be specified in the notification, a committee to be known as the textiles committee, which shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue or be sued. 2 the head office of the committee shall be in bombay. 3 the committee shall consist of a a chairman to be appointed by the central government b a vicechairman who shall be the textile commissioner, ex officio c a joint secretary to the government of india to be appointed by the central government, ex officio d such other members as the central government may think fit to appoint who, in the opinion of that government, have special knowledge or practical experience in matters relating to the textile industry and trade and the manufacture of textile machinery.

section 5c. of the textiles committee act : 15c. hearing of appeals by tribunal.1 an appeal under subsection 7 of section 5a may be preferred to the tribunal within one month from the date on which the notice of demand regarding the assessment is served on the manufacturer: provided that the tribunal may admit an appeal after the expiration of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring it within that period. 2 every appeal referred to in subsection 1 shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied with such fees as may be prescribed. 3 the tribunal shall fix a day and place for the hearing of the appeal and shall give notice of the same to the appellant and to the committee. 4 the tribunal may, after giving the appellant and the committee an opportunity of being heard, pass such order thereon as it thinks fit: provided that no order enhancing the assessment shall he made unless the appellant has had a reasonable opportunity of showing cause against such enhancement. 5 the tribunal shall send a copy of any order passed under this section to the appellant and to the committee and such order shall be final. 6 in discharging the functions under this section, the tribunal may, subject to any rules that may be made in this behalf, follow such procedure as it thinks fit. 7 the tribunal shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any documents c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses and documents f any other matter which may be prescribed. 8 the expenses of the tribunal shall be borne by the central government. 1. ins. by act 51 of , s. 6 w.e.f. .

section 5. of the textiles committee act : show related subordinates the committee may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this act.

section 5e. of the textiles committee act : show related subordinates 15e. power to exempt.if the central government is of opinion that in the interests of trade or in the public interest it is necessary so to do, it may, by notification in the official gazette, exempt such variety of textiles or such textiles machinery as may be specified in the notification from the whole or any part of the duty of excise leviable under section 5a. 1. ins. by act 51 of , s. 6 w.e.f. .

section 4. of the textiles committee act : show related subordinates 1 subject to the provisions of this act, the functions of the committee shall generally be to ensure by such measures, as it thinks fit, standard qualities of textiles both for internal marketing and export purposes and the manufacture and use of standard type of textile machinery. 2 without prejudice to the generality of the provisions of subsection 1, the committee may a undertake, assist and encourage, scientific, technological and economic research intextile industry and textile machinery, b promote export of textiles and textile machinery and carry on propaganda for that purpose 1c establish or adopt or recognise standard specifications for i textiles, and ii packing materials used in the packing of textiles or textile machinery, for the purposes of export and for internal consumption and affix suitable marks on such standardised varieties of textiles and packing materials d specify the type of quality control or inspection which will be applied to textiles or textile machinery 2da provide for training in the techniques of quality control to be applied to textiles or textile machinery e provide for the inspection and examination of i textiles ii textile machinery at any stage of manufacture and also while it is in use at millheads 2iii packing materials used in the packing of textiles or textile machinery f establish laboratories and test houses for the testing of textiles g provide for testing textiles and textile machinery in laboratories and test houses other than those established under clause f h collect statistics for any of the above mentioned purposes from i manufacturers of, and dealers in, textiles ii manufacturers of textile machinery and iii such other persons as may be prescribed i advice on all matters relating to the development of textile industry and the production of textile machinery j provide for such other matters as may be prescribed. 3 in the discharge of its functions, the committee shall be bound by such directions as the central government may, for reasons to be stated in writing, give to it from time to time. 1. subs. by s. 5, ibid., for clause c w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 5d. of the textiles committee act : show related subordinates 15d. recovery of duty of excise.if any manufacturer fails to pay the duty of excise levied under section 5a, within the period specified in subsection 4 of that section, or where an appeal has been preferred by him against an order of assessment under subsection 7 of section 5a, within one month from the date of disposal of such appeal, the duty payable by him shall be recoverable as an arrear of land revenue. 1. ins. by act 51 of , s. 6 w.e.f. .

section 5f. of the textiles committee act : 15f. payment of proceeds of cess to the committee.the proceeds of the duty of excise collected under section 5a, reduced by the cost of collection as determined by the central government, shall first be credited to the consolidated fund of india and the central government may, after due appropriate made by parliament by law, pay to the committee from out of such proceeds, such sums of money as it thinks fit for being utilised for the purposes of this act. 1. ins. by act 51 of , s. 6 w.e.f. .

section 6. of the textiles committee act : show related subordinates for the purpose of enabling the committee to discharge its functions under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the committee in each financial year such sums of money as that government considers necessary by way of grant, loan or otherwise.

section 12. of the textiles committee act : show related subordinates 1 the committee may levy such fees as may be prescribed a for inspection and examination of textiles 1 2b for any 3special service which the committee may render to the manufacturers 4or exporters of textiles and textile machinery: 4provided that no fees shall be levied in respect of inspection and examination of textiles on which a duty of excise is leviable under this act: 5provided further that the central government may, by notification in the official gazette, exempt from the payment of fees, generally or in any particular case. 2 any sum payable to the committee under subsection 1 may be recovered as an arrear of land revenue. 1. clause b omitted by act 51 of , s. 9 w.e.f. . 2. clause c relettered as clause b thereof by s. 9, ibid. w.e.f. . 3. subs. by s. 9, ibid., for other w.e.f. . 4. ins. by s. 9, ibid. w.e.f. . 5. subs. by s. 9, ibid., for provided that w.e.f. .

section 7. of the textiles committee act : 1 the committee shall have a fund to be called the textiles fund and there shall be credited thereto a all moneys transferred to it under clause a of subsection 2 of section 24 1aa the proceeds of the duty of excise made over, to the committee by the central government under section 5f b all moneys paid by the central government under section 6 c all fees and other charges levied under this act d all moneys received by the committee by way of grant, gift, donation, contribution, transfer or otherwise. 2 the moneys in the fund shall be applied for a meeting the pay and allowances of the officers and other employees of the committee and other administrative expenses of the committee b carrying out the purposes of this act. 3 all moneys in the fund shall be deposited in the state bank of india or be invested in such securities, as may be approved by the central government. 1 . ins. by act 51 of , s. 7 w.e.f. ,

section 8. of the textiles committee act : show related subordinates 1 the committee may constitute standing committees or ad hoc committees for exercising any power or discharging any duty of the committee or for inquiring into or reporting and advising on any matter which the committee may refer to them. 12 a standing committee or an ad hoc committee constituted under subsection 1 may include persons who are not members of the committee, but their number shall not exceed one half of its strength. 1. subs. by s. 8, ibid., for subsections 2 and 3 w.e.f. .

section 10. of the textiles committee act : subject to the provisions of this act, every person employed by the cotton textiles fund committee constituted under section 5 of the cotton textiles fund ordinance, 34 of , immediately before the date of establishment of the committee shall on and from such date, become an employee of the committee with such designation as the committee may determine and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions as he would have held on such date if the committee had not been established and shall continue to do so unless and until his employment in the committee is terminated or until such tenure, remuneration and terms and conditions are duly altered by the committee: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 9. of the textiles committee act : show related subordinates 1 the central government shall, in consultation with the committee, appoint a person to be the secretary of the committee. 2 subject to such rules as may be made by the central government in this behalf, the committee may appoint such other officers and employees as it considers necessary for the efficient performance of its functions. 3 the methods of appointment, the conditions of service and the scales of pay of the officers and other employees of the committee shall, a as respects the secretary, be such as may be prescribed and b as respect the other officers and employees, be such as may be determined by regulations made by the committee under this act. rules regulations yeardescriptionfiles textiles committee rules yeardescriptionfiles textiles committees employees medical benefits regulations, textiles committees employees seniority regulations, textiles committee recruitment regulations, 1 textiles committees employees conditions of service regulations,

section 11. of the textiles committee act : 1 the committee may, on application made to it or otherwise, direct an officer specially authorised in that behalf to examine the quality of textiles or the suitability of textile machinery for use at the time of manufacture or while in use in a textile mill and submit a report to the committee, 2 subject to any rules made under this act, such an officer shall have power to a inspect any operation carried on in connection with the manufacture of textiles or textile machinery in relation to which construction particulars, marks or inspection standards have been specified b take samples of any article or of any material or substance used in any article or process in relation to which construction particulars, marks or inspection standards have been specified c exercise such other powers as may be prescribed. 3 on receipt of the report referred to in subsection 1, the committee may tender such advice, as it may deem fit, to the manufacturer of textiles, the manufacturer of textile machinery and the applicant.

section 16. of the textiles committee act : all officers and employees of the committee shall, while acting or purporting to act in pursuance of the provisions of this act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 13. of the textiles committee act : show related subordinates 1 the committee shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balancesheet, in accordance with such general directions as may be issued, and in such form as may be prescribed, by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the committee shall be audited annually by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the committee to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the committee shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of government accounts, and, in particular, shall have the right to demand the production of books accounts, connected vouchers and other documents and papers and to inspect any of the offices of the committee. 4 the accounts of the committee as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 20. of the textiles committee act : no court inferior to that of a presidency magistrate or a magistrate of the first class, shall try any offence punishable under this act.

section 14. of the textiles committee act : the committee may, by general or special order in writing, direct that all or any of the powers or duties which may be exercised or discharged by it shall, in such circumstances and under such conditions, if any, as may be specified in its order, be exercised or discharged also by any officer or employee of the committee specified in this behalf in the order.

section 15. of the textiles committee act : no act or proceeding of the committee shall be invalidated merely by reason of a any vacancy, in, or any defect in the constitution of, the committee or b any defect in the appointment of a person acting as a member of the committee or c any irregularity in the procedure of the committee not affecting the merits of the case.

section 21. of the textiles committee act : no suit, prosecution or other legal proceeding shall lie against the committee or any member, officer or employee of the committee for anything which is in good faith done or intended to be done in pursuance of this act or of any rule or regulation made thereunder.

section 17. of the textiles committee act : 1 where the committee has established, adopted or recognised standard specifications for textiles either for internal consumption or for the purposes of export or has established, adopted or recognised standard type of textile machinery and on the recommendation made to it in this behalf the central government is of opinion that any textiles or textile machinery which do not conform to the standards laid by the committee in respect thereof, should not be exported or sold for internal consumption the central government may, by order published in the official gazette, prohibit such export or sale. 2 if any person contravenes any order issued under subsection 1 prohibiting a the export of any textiles or textile machinery, or b the sale of any textiles or textile machinery for internal consumption, he shall, on conviction, be punishable, i for the first offence with imprisonment for a term which may extend to one year or with fine or with both ii for the second or a subsequent offence with imprisonment for a term which may extend to one year and also with fine and in the absence of special and adequate reasons to be mentioned in the judgment of the court, such imprisonment shall not be less than three months. 3 any court trying the contravention of an order prohibiting the marketing of textiles or textile machinery under subsection 1 may, without prejudice to the provisions of clause b of subsection 2, direct that the textiles or textile machinery in respect of which the court is satisfied that such contravention has been committed, shall be forfeited to the central government.

section 24. of the textiles committee act : 1 with effect from the date on which the committee is established under section 3, the cotton textiles fund ordinance, 34 of , shall stand repealed. 2 notwithstanding the repeal of the said ordinance, a all moneys at the credit of the cotton textiles fund established under the repealed ordinance immediately before the said date shall with effect from the said date stand transferred to and form part of the textiles fund referred to in section 7 b any rules made or deemed to have been made or anything done or any action taken in exercise of any of the powers conferred by or under the said ordinance shall be deemed to have been made, done or taken in exercise of the powers conferred by or under this act, as if this act were in force on the day on which such rules were made, such thing was done or such action was taken.

section 22. of the textiles committee act : show related subordinates 1 the central government may, subject to the condition of previous publication, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power such rules provide for a the number of members and the composition of the committee and the manner in which the members shall be chosen b the term of offence of and the manner of filling casual vacancies among the members of the committee c the allowances, if any, payable to the members of the committee d the disqualification for membership of the committee 1da the manner in which the duty of excise leviable under section 5a may be assessed, paid or collected, and the manner in which any refund of such duty paid or collected in excess of the amount due may be made db the conditions of service of the person constituting the tribunal under section 5b dc the form and the manner in which an appeal to the tribunal constituted under section 5b may be preferred and verified the fees payable on such appeals and the procedure to be followed by the tribunal in disposing of such appeals e the scale of fees that may be levied 2 under section 12 f the form in which the committee shall prepare its annual statement of accounts and balancesheet g the method of appointment, the conditions of service and the scale of pay of the secretary of the committee h the collection of any information or statistics in respect of textile industry and trade and the manufacture of textile machinery i the mode of inspection by the committee and the manner in which samples may be taken by it 1j any other matter which has to be, or may be, prescribed. 33 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 51 of , s. 10 w.e.f. . 2. the words for inspection and examination omitted by s. 10, ibid. w.e.f. . 3. subs. by s. 10, ibid., for subsection 3 w.e.f. .

section 18. of the textiles committee act : 1 if the person committing any offence under this act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to such punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 19. of the textiles committee act : no prosecution for any offence punishable under this act shall be instituted except by or with the consent of the central government.

section 23. of the textiles committee act : show related subordinates 1 the committee may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for a the meeting of the committee, standing committees and ad hoc committees, the quorum for such meetings and the conduct of business thereat b the allowances payable to the members of the standing committees or the ad hoc committees c the methods of appointment, the conditions of service and the scales of pay of the officers other than the secretary and other employees of the committee d the duties and conduct of officers and other employees of the committee and e any other matter in respect of which the committee is empowered or required to make regulations under this act. 3 the central government may, by notification in the official gazette, amend, vary or rescind any regulation which it has sanctioned and thereupon the regulation shall have effect accordingly, but without prejudice to the exercise of the powers of the committee under subsection 1.

section 8. of the marine insurance act : 1 the assured must be interested in the subjectmatter insured at the time of the loss, though he need not be interested when the insurance is effected: provided that, where the subjectmatter is insured lost or not lost, the assured may recover although he may not have acquired his interest until after the loss, unless at the time of effecting the contract of insurance the assured was aware of the loss, and the insurer was not. 2 where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.

section 1. of the marine insurance act : 1 this act may be called the marine insurance act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1. 1st august, , vide notification no. s.o. , dated 8th july, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the marine insurance act : 1 subject to the provisions of this act, every person has an insurable interest who is interested in a marine adventure. 2 in particular a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.

section 2. of the marine insurance act : in this act, unless the context otherwise requires, a contract of marine insurance means a contract of marine insurance as defined by section 3 b freight includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or other movables, as well as freight payable by a third party, but does not include passage money c insurable property means any ship, goods or other movables which are exposed to maritime perils d marine adventure includes any adventure where i any insurable property is exposed to maritime perils ii the earnings or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans, or disbursements is endangered by the exposure of insurable property to maritime perils iii any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property by reason of maritime perils e maritime perils means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils of the seas, fire, war perils, pirates, rovers, thieves, captures, seizures, restraints and detainments of princes and peoples, jettisons, barratry and any other perils which are either of the like kind or may be designated by the policy f movables means any movable tangible property, other than the ship, and includes money, valuable securities and other documents g policy means a marine policy h ship includes every description of vessel used in navigation i suit includes counterclaim and setoff.

section 3. of the marine insurance act : a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured, in the manner and to the extent thereby agreed, against marine losses, that is to say, the losses incidental to marine adventure.

section 9. of the marine insurance act : 1 a defeasible interest is insurable, as also is a contingent interest. 2 in particular, where the buyer of goods has insured them, he has an insurable interest, notwithstanding that he might, at his election, have rejected the goods, or have treated them as at the sellers risk, by reason of the latters delay in making delivery or otherwise.

section 10. of the marine insurance act : a partial interest of any nature is insurable.

section 4. of the marine insurance act : 1 a contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. 2 where a ship in course of building or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this act, in so far as applicable, shall apply thereto, but except as by this section provided, nothing in this act shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this act defined. explanation.an adventure analogous to a marine adventure includes an adventure where any ship, goods or other movables are exposed to perils incidental to local or inland transit.

section 6. of the marine insurance act : 1 every contract of marine insurance by way of wagering is void. 2 a contract of marine insurance is deemed to be a wagering contract: a where the assured has not an insurable interest as defined by this act, and the contract is entered into with no expectation of acquiring such an interest or b where the policy is made interest or no interest, or without further proof of interest than the policy itself, or without benefit of salvage to the insurer, or subject to any other like term: provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.

section 5. of the marine insurance act : subject to the provisions of this act, every lawful marine adventure may be the subject of a contract of marine insurance.

section 11. of the marine insurance act : 1 the insurer under a contract of marine insurance has an insurable interest in his risk, and may reinsure in respect of it. 2 unless the policy otherwise provides, the original assured has no right or interest in respect of such reinsurance.

section 18. of the marine insurance act : subject to any express provision or valuation in the policy, the insurable value of the subjectmatter insured must be ascertained as follows: 1 in insurance on ship, the insurable value is the value, at the commencement of the risk, of the ship, including her outfit, provisions, and stores for the officers and crew, money advanced for seamens wages, and other disbursements if any incurred to make the ship fit for the voyage or adventure contemplated by the policy, plus the charges of insurance upon the whole. the insurable value, in the case of a steamship, includes also the machinery, boilers, and coals and engine stores if owned by the assured in the case of a ship driven by power other than steam includes also the machinery and fuels and engine stores, if owned by the assured and in the case of a ship engaged in a special trade, includes also the ordinary fittings requisite for that trade. 2 in insurance on freight, whether paid in advance or otherwise, the insurable value is the gross amount of the freight at the risk of the assured, plus the charges of insurance. 3 in insurance on goods or merchandise, the insurable value is the prime cost of the property insured, plus the expenses of and incidental to shipping and the charges of insurance upon the whole. 4 in insurance on any other subjectmatter, the insurable value is the amount at the risk of the assured when the policy attaches, plus the charges of insurance.

section 12. of the marine insurance act : the lender of money on bottomry or respondentia has an insurable interest in respect of the loan.

section 14. of the marine insurance act : in the case of advance freight, the person advancing the freight has an insurable interest, in so far as such freight is not repayable in case of loss.

section 13. of the marine insurance act : the master or any member of the crew of a ship has an insurable interest in respect of his wages.

section 15. of the marine insurance act : the assured has an insurable interest in the charges of any insurance which he may effect.

section 16. of the marine insurance act : 1 where the subjectmatter insured is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the mortgage. 2 a mortgagee, consignee, or other person having an interest in the subjectmatter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit. 3 the owner of insurable property has an insurable interest in respect of the full value thereof, notwithstanding that some third person may have agreed, or be liable to indemnify him in case of loss.

section 17. of the marine insurance act : where the assured assigns or otherwise parts with his interest in the subjectmatter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect. but the provisions of this section do not affect transmission of interest by operation of law.

section 24. of the marine insurance act : a contract of marine insurance shall not be admitted in evidence unless it is embodied in a marine policy in accordance with this act. the policy may be executed and issued either at the time when the contract is concluded, or afterwards.

section 20. of the marine insurance act : 1 subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which, is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known to him. if the assured fails to make such disclosure, the insurer may avoid the contract. 2 every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. 3 in the absence of inquiry the following circumstances need not be disclosed, namely: a any circumstance which diminishes the risk b any circumstance which is known or presumed to be known to the insurer. the insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business as such ought to know c any circumstance as to which information is waived by the insurer d any circumstance which it is superfluous to disclose by reason of any express or implied warranty. 4 whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact. 5 the term circumstance includes any communication made to, or information received by, the assured.

section 19. of the marine insurance act : a contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided by the other party.

section 26. of the marine insurance act : 1 a marine policy must be signed by or on behalf of the insurer. 2 where a policy is subscribed by or on behalf of two or more insurers, each subscription, unless the contrary be expressed, constitutes a distinct contract with the assured.

section 21. of the marine insurance act : subject to the provisions of the preceding section as to circumstances which need not be disclosed, where an insurance is effected for the assured by an agent, the agent must disclose to the insurer a every material circumstance which is known to himself, and an agent to insure is deemed to know every circumstance which in the ordinary course of business ought to be known by, or to have been communicated to, him and b every material circumstance which the assured is bound to disclose, unless it comes to his knowledge too late to communicate it to the agent.

section 22. of the marine insurance act : 1 every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. if it be untrue the insurer may avoid the contract. 2 a representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. 3 a representation may be either as to a matter of fact, or as to a matter of expectation or belief. 4 a representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer. 5 a representation as to a matter of expectation or belief is true if it be made in good faith. 6 a representation may be withdrawn or corrected before the contract is concluded. 7 whether a particular representation be material or not, is, in each case, a question of fact.

section 23. of the marine insurance act : a contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not and for the purpose of showing when the proposal was accepted, reference may be made to the slip, covering note or other customary memorandum of the contract, although it be unstamped.

section 25. of the marine insurance act : a marine policy must specify 1 the name of the assured, or of some person who effects the insurance on his behalf 2 the subjectmatter insured and the risk insured against 3 the voyage, or period of time, or both, as the case may be, covered by the insurance 4 the sum or sums insured 5 the name or names of the insurer or insurers.

section 27. of the marine insurance act : 1 where the contract is to insure the subjectmatter at and from, or from one place to another or others, the policy is called a voyage policy, and, where the contract is to insure the subjectmatter for a definite period of time, the policy is called a time policy. a contract for both voyage and time may be included in the same policy. 2 a time policy which is made for any time exceeding twelve months is invalid.

section 28. of the marine insurance act : 1 the subjectmatter insured must be designated in a marine policy with reasonable certainty. 2 the nature and extent of the interest of the assured in the subjectmatter insured need not be specified in the policy. 3 where the policy designates the subjectmatter insured in general terms, it shall be construed to apply to the interest intended by the assured to be covered. 4 in the application of this section regard shall be had to any usage regulating the designation of the subjectmatter insured.

section 34. of the marine insurance act : 1 where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this act, the assured is said to be overinsured by double insurance. 2 where the assured is overinsured by double insurance a the assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this act b where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation, for any sum received by him under any other policy, without regard to the actual value of the subjectmatter insured c where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy d where the assured receives any sum in excess of the indemnity allowed by this act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves.

section 29. of the marine insurance act : 1 a policy may be either valued or unvalued. 2 a valued policy is a policy which specifies the agreed value of the subjectmatter insured. 3 subject to the provisions of this act, and in the absence of fraud, the value fixed by the policy is, as between the insurer and assured, conclusive of the insurable value of the subject intended to be insured, whether the loss be total or partial. 4 unless the policy otherwise provides, the value fixed by the policy is not conclusive for the purpose of determining whether there has been a constructive total loss.

section 30. of the marine insurance act : an unvalued policy is a policy which does not specify the value of the subjectmatter insured, but subject to the limit of the sum insured, leaves the insurable value to be subsequently ascertained, in the manner hereinbefore explained.

section 31. of the marine insurance act : 1 a floating policy is a policy which describes the insurance in general terms, and leaves the name or names of the ship or ships and other particulars to be defined by subsequent declaration. 2 the subsequent declaration or declarations may be made by endorsement on the policy, or in other customary manner. 3 unless the policy otherwise provides, the declarations must be made in the order of dispatch or shipment. they must, in the case of goods, comprise all consignments within the terms of the policy, and the value of the goods or other property must be honestly stated, but an omission or erroneous declaration may be rectified even after loss or arrival, provided the omission or declaration was made in good faith. 4 unless the policy otherwise provides, where a declaration of value is not made until after notice of loss or arrival, the policy must be treated as an unvalued policy as regards the subjectmatter of that declaration.

section 32. of the marine insurance act : 1 a policy may be in the form in the schedule. 2 subject to the provisions of this act, and unless the context of the policy otherwise requires, the terms and expressions mentioned in the schedule shall be construed as having the scope and meaning assigned to them in the schedule.

section 33. of the marine insurance act : 1 where an insurance is effected at a premium to be arranged, and no arrangement is made, a reasonable premium is payable. 2 where an insurance is effected on the terms that an additional premium is to be arranged in a given event, and that event happens but no arrangement is made, then a reasonable additional premium is payable.

section 35. of the marine insurance act : 1 a warranty, in the following sections relating to warranties, means a promissory warranty, that is to say a warranty by which the assured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby he affirms or negatives the existence of a particular state of facts. 2 a warranty may be express or implied. 3 a warranty, as above defined, is a condition which must be exactly complied with, whether it be material to the risk or not. if it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.

section 42. of the marine insurance act : 1 in a policy on goods or other moveable there is no implied warranty that the goods or movables are seaworthy. 2 in a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy.

section 36. of the marine insurance act : 1 noncompliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. 2 where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with before loss. 3 a breach of warranty may be waived by the insurer.

section 37. of the marine insurance act : 1 an express warranty may be in any form of words from which the intention to warrant is to be inferred. 2 an express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. 3 an express warranty does not exclude implied warranty, unless it be inconsistent therewith.

section 38. of the marine insurance act : 1 where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. 2 where a ship is expressly warranted neutral, there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. if any loss occurs through breach of this condition, the insurer may avoid the contract.

section 39. of the marine insurance act : there is no implied warranty as to the nationality of a ship, or that her nationality shall not be changed during the risk.

section 40. of the marine insurance act : where the subjectmatter insured is warranted well or in good safety on a particular day, it is sufficient if it be safe at any time during that day.

section 41. of the marine insurance act : 1 in a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. 2 where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. 3 where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. 4 a ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. 5 in a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness.

section 43. of the marine insurance act : there is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner.

section 45. of the marine insurance act : where the place of departure is specified by the policy, and the ship instead of sailing from that place sails from any other place, the risk does not attach.

section 50. of the marine insurance act : in the case of a voyage policy, the adventure insured must be prosecuted throughout its course with reasonable dispatch, and, if without lawful excuse it is not so prosecuted, the insurer is discharged from liability as from the time when the delay became unreasonable.

section 44. of the marine insurance act : 1 where the subjectmatter is insured by a voyage policy at and from or from a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract. 2 the implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he waived the condition.

section 46. of the marine insurance act : where the destination is specified in the policy, and the ship, instead of sailing for that destination, sails for any other destination, the risk does not attach.

section 47. of the marine insurance act : 1 where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage. 2 unless the policy otherwise provides, where there is a change of voyage, the insurer is discharged from liability as from the time of change, that is to say, as from the time when the determination to change it is manifested and it is immaterial that the ship may not in fact have left the course of voyage contemplated by the policy when the loss occurs.

section 48. of the marine insurance act : 1 where a ship, without lawful excused, deviates from the voyage contemplated by the policy, the insured is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs. 2 there is a deviation from the voyage contemplated by the policy a where the course of the voyage is specifically designated by the policy, and that course is departed from or b where the course of the voyage is not specifically designated by the policy, but the usual and customary course is departed from. 3 the intention to deviate is immaterial there must be a deviation in fact to discharge the insurer from his liability under the contract.

section 49. of the marine insurance act : 1 where several ports of discharge are specified by the policy, the ship may proceed to all or any of them, but, in the absence of any usage or sufficient cause to the contrary, she must proceed to them, or such of them as she goes to, in the order designated by the policy. if she does not, there is a deviation. 2 where the policy is to ports of discharge, within a given area, which are not named, the ship must, in the absence of any usage or sufficient cause to the contrary, proceed to them, or such of them as she goes to, in their geographical order. if she does not, there is a deviation.

section 51. of the marine insurance act : 1 deviation or delay in prosecuting the voyage contemplated by the policy is excused a where authorised by any special term in the policy or b where caused by circumstances beyond the control of the master and his employer or c where reasonably necessary in order to comply with an express or implied warranty or d where reasonably necessary for the safety of the ship or subjectmatter insured or e for the purpose of saving human life or aiding a ship in distress where human life may be in danger or f where reasonably necessary for the purpose of obtaining medical or surgical aid for any person on board the ship or g where caused by the barratrous conduct of the master or crew, if barratry be one of the perils insured against. 2 when the cause excusing the deviation or delay ceases to operate, the ship must resume her course, and prosecute her voyage with reasonable dispatch.

section 58. of the marine insurance act : where the ship concerned in the adventure is missing, and after the lapse of a reasonable time no news of her has been received, an actual total loss may be presumed.

section 53. of the marine insurance act : where the assured has parted with or lost his interest in the subjectmatter insured, and has not, before or at the time of so doing expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative: provided that nothing in this section affects the assignment of a policy after loss.

section 52. of the marine insurance act : 1 a marine policy may be transferred by assignment unless it contains terms expressly prohibiting assignment. it may be assigned either before or after loss. 2 where a marine policy has been assigned so as to pass the beneficial interest in such policy, the assignee of the policy is entitled to sue thereon in his own name and the defendant is entitled to make any defence arising out of the contract which he would have been entitled to make if the suit had been brought in the name of the person by or on behalf of whom the policy was effected. 3 a marine policy may be assigned by endorsement thereon or in other customary manner.

section 54. of the marine insurance act : unless otherwise agreed, the duty of the assured or his agent to pay the premium, and the duty of the insurer to issue the policy to the assured or his agent, are concurrent conditions, and the insurer is not bound to issue the policy until payment or tender of the premium.

section 55. of the marine insurance act : 1 subject to the provisions of this act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril insured against. 2 in particular a the insurer is not liable for any loss attributable to the wilful misconduct of the assured, but, unless the policy otherwise provides, he is liable for any loss proximately caused by a peril insured against, even though the loss would not have happened but for the misconduct or negligence of the master or crew b unless the policy otherwise provides, the insurer on ship or goods is not liable for any loss proximately caused by delay, although the delay be caused by a peril insured against c unless the policy otherwise provides, the insurer is not liable for ordinary wear and tear, ordinary leakage and breakage, inherent vice or nature of the subjectmatter insured, or for any loss proximately caused by rats or vermin, or for any injury to machinery not proximately caused by maritime perils.

section 57. of the marine insurance act : 1 where the subjectmatter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss. 2 in the case of an actual total loss no notice of abandonment need be given.

section 56. of the marine insurance act : 1 a loss may be either total or partial. any loss other than a total loss, as hereinafter defined, is a partial loss. 2 a total loss may be either an actual total loss, or a constructive total loss. 3 unless a different intention appears from the terms of the policy, an insurance against total loss includes a constructive, as well as an actual, total loss. 4 where the assured brings a suit for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. 5 where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial and not total.

section 59. of the marine insurance act : where, by a peril insured against, the voyage is interrupted at intermediate port or place, under such circumstances as, a part from any special stipulation in the contract of a freightment, to justify the master in landing and reshipping the goods or other movables, or in transhipping them, and sending them on to their destination, the liability of the insurer continues, notwithstanding the landing or transhipment.

section 60. of the marine insurance act : 1 subject to any express provision in the policy, there is a constructive total loss where the subjectmatter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred. 2 in particular, there is a constructive total loss i where the assured is deprived of the possession of his ship or goods by a peril insured against, and a it is unlikely that he can recover the ship or goods, as the case may be, or b the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered or ii in the case of damage to a ship, where she is so damaged by a peril insured against that the cost of repairing the damage would exceed the value of the ship when repaired. in estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if required or iii in the case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival.

section 61. of the marine insurance act : where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subjectmatter insured to the insurer and treat the loss as if it were an actual total loss.

section 66. of the marine insurance act : 1 a general average loss is a loss caused by or directly consequential on a general average act. it includes a general average expenditure as well as a general average sacrifice. 2 there is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure. 3 where there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution. 4 subject to any express provision in the policy, where the assured has incurred a general average or expenditure, he may recover from the insurer in respect of the proportion of the loss which falls upon him and in the case of a general average sacrifice, he may recover from the insurer in respect of the whole loss without having enforced his right of contribution from the other parties liable to contribute. 5 subject to any express provision in the policy, where the assured has paid, or is liable to pay, a general average contribution in respect of the interest insured, he may recover therefor from the insurer. 6 in the absence of express stipulation, the insurer is not liable for any general average loss or contribution where the loss was not incurred for the purpose of avoiding, or in connection with the avoidance of a peril insured against. 7 where ship, freight, and cargo, or any two of those interests, are owned by the same assured, the liability of the insurer in respect of general average losses or contributions is to be determined as if those interests were owned by different persons.

section 62. of the marine insurance act : 1 subject to the provisions of this section, where the assured elects to abandon the subjectmatter insured to the insurer, he must give notice of abandonment. if he fails to do so the loss can only be treated as a partial loss. 2 notice of abandonment may be given in writing, or by word of mouth, or partly in writing and partly by word of mouth, and may be given in any terms which indicate the intention of the assured to abandon his insured interest in the subjectmatter insured unconditionally to the insurer. 3 notice of abandonment must be given with reasonable diligence after the receipt of reliable information of the loss, but where the information is of a doubtful character the assured is entitled to a reasonable time to make enquiry. 4 where notice of abandonment is properly given, the rights of the assured are not prejudiced by the fact that the insurer refuses to accept the abandonment. 5 the acceptance of an abandonment may be either express or implied from the conduct of the insurer. the mere silence of the insurer after notice is not an acceptance. 6 where notice of abandonment is accepted the abandonment is irrevocable. the acceptance of the notice conclusively admits liability for the loss and the sufficiency of the notice. 7 notice of abandonment is unnecessary where at the time when the assured receives information of the loss, there would be no possibility of benefit to the insurer if notice were given to him. 8 notice of abandonment may be waived by the insurer. 9 when an insurer has reinsured his risk, no notice of abandonment need be given by him.

section 63. of the marine insurance act : 1 where there is a valid abandonment the insurer is entitled to take over the interest of the assured in whatever may remain of the subjectmatter insured, and all proprietary rights incidental thereto. 2 upon the abandonment of a ship, the insurer thereof is entitled to any freight in course of being earned, and which is earned by her subsequent to the casualty causing the loss, less the expenses of earning it incurred after the casualty and, where the ship is carrying the owners goods, the insurer is entitled to a reasonable remuneration for the carriage of them subsequent to the casualty causing the loss.

section 64. of the marine insurance act : 1 a particular average loss is a partial loss of the subjectmatter insured, caused by a peril insured against, and which is not a general average loss. 2 expenses incurred by or on behalf of the assured for the safety or preservation of the subjectmatter insured, other than general average and salvage charges, are called particular charges. particularly charges are not included in particular average.

section 65. of the marine insurance act : 1 subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils. 2 salvage charges means the charges recoverable under maritime law by a salvor independently of contract. they do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured against. such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred.

section 67. of the marine insurance act : 1 the sum which the assured can recover in respect of a loss on a policy by which he is insured, in the case of an unvalued policy to the full extent of the insurable value, or, in the case of a valued policy to the full extent of the value fixed by the policy, is called the measure of indemnity. 2 where there is a loss recoverable under the policy, the insurer, or each insurer if there be more than one, is liable for such proportion of the measure of indemnity as the amount of his subscription bears to the value fixed by the policy in the case of a valued policy, or to the insurable value in the case of an unvalued policy.

section 68. of the marine insurance act : subject to the provisions of this act, and to any express provision in the policy, where there is a total loss of the subjectmatter insured 1 if the policy be a valued policy, the measure of indemnity is the sum fixed by the policy 2 if the policy be an unvalued policy, the measure of indemnity is the insurable value of the subjectmatter insured.

section 69. of the marine insurance act : where a ship is damaged, but is not totally lost, the measure of indemnity subject to any express provision in the policy, is as follows 1 where the ship has been repaired, the assured is entitled to the reasonable cost of the repairs, less the customary deductions, but not exceeding the sum insured in respect of any one casualty 2 where the ship has been only partially repaired, the assured is entitled to the reasonable cost of such repairs, computed as above, and also to be indemnified for the reasonable depreciation, if any, arising from the unrepaired damage, provided that the aggregate amount shall not exceed the cost of repairing the whole damage, computed as above 3 where the ship has not been repaired, and has not been sold in her damaged state during the risk, the assured is entitled to be indemnified for the reasonable depreciation arising from the unrepaired damage, but not exceeding the reasonable cost of repairing such damage, computed as above 4 where the ship has not been repaired, and has been sold in her damaged state during the risk, the assured is entitled to be indemnified for the reasonable cost of repairing the damage, computed as above, but not exceeding the depreciation in value as ascertained by the sale.

section 70. of the marine insurance act : subject to any express provision in the policy, where there is a partial loss of freight, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy or of the insurable value in the case of an unvalued policy, as the proportion of freight lost by the assured bears to the whole freight at the risk of the assured under the policy.

section 75. of the marine insurance act : 1 where there has been a loss in respect of any subjectmatter not expressly provided for in the foregoing provisions of this act, the measure of indemnity shall be ascertained as nearly as may be, in accordance with those provisions, in so far as applicable to the particular case. 2 nothing in the provisions of this act relating to the measure of indemnity shall affect the rules relating to double insurance, or prohibit the insurer from disproving interest wholly or in part, or from showing that at the time of the loss the whole or any part of the subjectmatter insured was not at risk under the policy.

section 71. of the marine insurance act : where there is a partial loss of goods, merchandise, or other movable, the measure of indemnity, subject to any express provision in the policy, is as follows: 1 where part of the goods, merchandise or other movable insured by a valued policy is totally lost, the measure of indemnity is such proportion of the sum fixed by the policy as the insurable value of the part lost bears to the insurable value of the whole, ascertained as in the case of an unvalued policy 2 where part of the goods, merchandise or other movable insured by an unvalued policy is totally lost, the measure of indemnity is the insurable value of the part lost, ascertained as in case of total loss 3 where the whole or any part of the goods or merchandise insured has been delivered damaged at its destination, the measure of idemnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value 4 gross value means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value. gross proceeds means the actual price obtained at a sale where all charges on sale are paid by the sellers.

section 72. of the marine insurance act : 1 where different species of property are insured under a single valuation, the valuation must be apportioned over the different species in proportion to their respective insurable values, as in the case of an unvalued policy. the insured value of any part of a species is such proportion of the total insured value of the same as the insurable value of the part bears to the insurable value of the whole, ascertained in both cases as provided by this act. 2 where a valuation has to be apportioned, and particulars of the prime cost of each separate species, quality, or description of goods cannot be ascertained, the division of the valuation may be made over the net arrived sound values of the different species, qualities, or descriptions of goods.

section 76. of the marine insurance act : 1 where the subjectmatter insured is warranted free from particular average, the assured cannot recover for a loss of part, other than a loss incurred by a general average sacrifice, unless the contract contained in the policy be apportionable but, if the contract be apportionable, the assured may recover for a total loss of any apportionable part. 2 where the subjectmatter insured is warranted free from particular average, either wholly or under a certain percentage, the insurer is nevertheless liable for salvage charges, and for particular charges and other expenses properly incurred pursuant to the provisions of the suing and labouring clause in order to avert a loss insured against. 3 unless the policy otherwise provides, where the subjectmatter insured is warranted free from particular average under a specified percentage, a general average loss cannot be added to a particular average loss to make up the specified percentage. 4 for the purpose of ascertaining whether the specified percentage has been reached, regard shall be had only to the actual loss suffered by the subjectmatter insured. particular charges and the expenses of and incidental to ascertaining and proving the loss must be excluded.

section 73. of the marine insurance act : 1 subject to any express provision in the policy, where the assured has paid, or is liable for, any general average contribution, the measure of indemnity is the full amount of such contribution if the subjectmatter liable to contribution is insured for its full contributory value but, if such subjectmatter be not insured for its full contributory value, or if only part of it be insured, the indemnity payable by the insurer must be reduced in proportion to the underinsurance, and where there has been a particular average loss which constitutes a deduction from the contributory value, and for which the insurer is liable, that amount must be deducted from the insured value in order to ascertain what the insurer is liable to contribute. 2 where the insurer is liable for salvage charges the extent of his liabilities must be determined on the like principle.

section 74. of the marine insurance act : where the assured has effected an insurance in express terms against any liability to a third party, the measure of indemnity, subject to any express provision in the policy, is the amount paid or payable by him to such third party in respect of such liability.

section 84. of the marine insurance act : 1 where the consideration for the payment of the premium totally fails, and there has been no fraud or illegality on the part of the assured or his agents, the premium is thereupon returnable to the assured. 2 where the consideration for the payment of the premium is apportionable and there is a total failure of any apportionable part of the consideration, a proportionate part of the premium is, under the like conditions, thereupon returnable to the assured. 3 in particular: a where the policy is void, or is avoided by the insurer as from the commencement of the risk, the premium is returnable, provided there has been no fraud or illegality on the part of the assured but if the risk is not apportionable, and has once attached, the premium is not returnable b where the subjectmatter insured, or part thereof, has never been inperilled the premium, or, as the case may be, a proportionate part thereof, is returnable: provided that where the subjectmatter has been insured lost or not lost, and has arrived in safety at the time when the contract is concluded, the premium is not returnable unless, at such time, the insurer knew of the safe arrival c where the assured has no insurable interest throughout the currency of the risk the premium is returnable, provided that the rule does not apply to a policy effected by way of wagering d where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable e where the assured has overinsured under an unvalued policy, a proportionate part of the premium is returnable f subject to the foregoing provisions, where the assured has overinsured by double insurance, a proportionate part of the several premiums is returnable: provided that, if the policies are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no premium is returnable.

section 78. of the marine insurance act : 1 where the policy contains a suing and labouring clause, the engagement thereby entered into is deemed to be supplementary to the contract of insurance, and the assured may recover from the insurer any expenses properly incurred pursuant to the clause, notwithstanding that the insurer may have paid for a total loss, or that the subjectmatter may have been warranted free from particular average, either wholly or under a certain percentage. 2 general average losses and contributions and salvage charges, as defined by this act, are not recoverable under the suing and labouring clause. 3 expenses incurred for the purpose of averting or diminishing any loss not covered by the policy are not recoverable under the suing and labouring clause. 4 it is the duty of the assured and his agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss.

section 77. of the marine insurance act : 1 unless the policy otherwise provides, and subject to the provisions of this act, the insurer is liable for successive losses, even though the total amount of such losses may exceed the sum insured. 2 where, under the same policy, a partial loss, which has not been repaired or otherwise made good, is followed by a total loss, the assured can only recover in respect of the total loss: provided that nothing in this section shall affect the liability of the insurer under the suing and labouring clause.

section 83. of the marine insurance act : where the policy contains a stipulation for the return of the premium, or a proportionate part thereof, on the happening of a certain event, and that event happens, the premium, or, as the case may be, the proportionate part thereof, is thereupon returnable to the assured.

section 79. of the marine insurance act : 1 where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part, of the subjectmatter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subjectmatter so paid for, and he is thereby subrogated to all the rights and remedies of the assured in and in respect of that subjectmatter as from the time of the casualty causing the loss. 2 subject to the foregoing provisions, where the insurer pays for a partial loss, he acquires no title to the subjectmatter insured, or such part of it as may remain, but he is thereupon subrogated to all rights and remedies of the assured in and in respect of the subjectmatter insured as from the time of the casualty causing the loss, in so far as the assured has been indemnified, according to this act, by such payment for the loss.

section 80. of the marine insurance act : 1 where the assured is overinsured by double insurance, each insurer is bound, as between himself and the other insurers, to contribute rateably to the loss in proportion to the amount for which he is liable under his contract. 2 if any insurer pays more than his proportion of the loss, he is entitled to maintain a suit for contribution against the other insurers, and is entitled to the like remedies as a surety who has paid more than his proportion of the debt.

section 86. of the marine insurance act : 1 where any right, duty, or liability would arise under a contract of marine insurance by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 2 the provisions of this section extend to any right, duty, or liability declared by this act which may be lawfully modified by agreement.

section 81. of the marine insurance act : where the assured is insured for an amount less than the insurable value, or, in the case of a valued policy, for an amount less than the policy valuation, he is deemed to be his own insurer in respect of the uninsured balance.

section 89., in certain cases. of the marine insurance act : the central government may, by notification in the official gazette, direct that the provisions of this act shall, in their application to contracts of marine insurance relating to any class of ships exclusively used in inland navigation, be subject to such conditions, exceptions and modifications as it may specify in the notification.

section 82. of the marine insurance act : where the premium, or a proportionate part thereof, is, by this act, declared to be returnable a if already paid, it may be recovered by the assured from the insurer, and, b if unpaid, it may be retained by the assured or his agent.

section 90. of the marine insurance act : nothing in clause e of section 6 of the transfer of property act, 4 of , shall affect the provisions of sections 17, 52, 53 and 79.

section 85. of the marine insurance act : where a contract of marine insurance is in good faith effected by one person on behalf of another, the person on whose behalf it is effected may ratify the contract even after he is aware of a loss.

section 92. of the marine insurance act : repeals. rep. by the repealing and amending act, 56 of , s. 2 and the first schedule w.e.f. .

section 87., a question of fact. of the marine insurance act : where by this act any reference is made to reasonable time, reasonable premium, or reasonable diligence, the question what is reasonable is a question of fact.

section 88. of the marine insurance act : where there is a duly stamped policy, reference may be made, as heretofore, to the slip or covering note, in any legal proceeding.

section 91. of the marine insurance act : the rules of law, including the law merchant, which applied to contracts of marine insurance immediately before the commencement of this act, save in so far as they are inconsistent with the express provisions of this act, shall continue to apply to contracts of marine insurance.

section 8. of the national company limited acquisition and transfer of undertakings act : 1 for the transfer to, and vesting in, the central government, under section 3, of the undertakings of the company, and the right, title and interest of the company in relation to such undertakings, there shall be given by the central government to the company in cash and in the manner specified in chapter vi, an amount of rupees ten crores and four lakhs. 2 for the removal of doubts, it is hereby declared that the liabilities of the company, in relation to its undertakings, shall be met, in accordance with the rights and interests of the creditors of the company, from the amount due to the company under subsection 1.

The National Company Limited (Acquisition and Transfer of Undertakings) Act, 1980

section 1. of the national company limited acquisition and transfer of undertakings act : 1 this act may be called the national company limited acquisition and transfer of undertakings act, . 2 the provisions of sections 29 and 30 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 27th day of april, .

section 5. of the national company limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, and subject to the provisions of section 6, the central government may, if it is satisfied that an existing government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by notification, that the undertakings of the company, and the right, title and interest of the company in relation to its undertakings which have vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in that existing government company either on the date of publication of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the company in relation to its undertakings vest, under subsection 1, in an existing government company, that government company shall, on and from the date of such vesting be deemed to have become, and until the transfer of the undertakings by virtue of the provisions of section 6, to a new government company, be deemed to be, the owner in relation to such undertakings and the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, and until the date of such transfer, be deemed to be, the rights and liabilities, respectively, of that existing government company.

section 7. of the national company limited acquisition and transfer of undertakings act : 1 every liability of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it, and not against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company. 2 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this act, no liability of the company in relation to its undertakings, in respect of any period prior to the appointed day, shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the company, passed after the appointed day in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company c no liability incurred by the company before the appointed day for the contravention of any provision of law for the time being in force shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company.

section 4. of the national company limited acquisition and transfer of undertakings act : 1 the undertakings of the company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers and other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3, shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts specified in section 8 and also out of the amounts determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to the company in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before the appointed day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and on and from the date of vesting of such undertaking, under section 5, in an existing government company, or under section 6, in a new government company, the existing, or new, government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new, government company and such existing, or new, government company shall hold it for the remainder of the period for which the company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding, of whatever nature, in relation to any property which has vested in the central government under section 3, instituted or preferred by or against the company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the company, or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or where the undertakings of the company are directed under section 5, to vest in an existing government company or become transferred by virtue of the provisions of section 6 to a new government company, by or against such government company.

section 9. of the national company limited acquisition and transfer of undertakings act : 1 for the deprivation of the company of the management of the undertakings owned by it, there shall be given, by the central government, to the company, in addition to the amount specified in section 8, an amount computed at the rate of ten thousand rupees per annum for the period commencing on the date on which the management of the undertakings of the company was taken over in pursuance of the order made by the central government under section 18aa of the industries development and regulation act, 65 of , and ending on the appointed day. 2 the amount specified in section 8, and the amount computed in accordance with the provisions of subsection 1, shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 3 the amounts determined in accordance with the provisions of subsections 1 and 2 shall be given to the company in addition to the amount specified in section 8.

section 10., of the undertakings of the company. of the national company limited acquisition and transfer of undertakings act : 1 the general superintendence, direction, control and management of the affairs and business of the undertakings owned by the company, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 5, vest, on and from the date, specified in such direction, in the existing government company specified therein or b where a declaration has been made under subsection 1 of section 6, vest, on and from the date of such declaration, in the new government company specified therein or c where no direction referred to in clause a or declaration referred to in clause b has been made, vest, on and from the appointed day, in one or more custodians appointed by the central government under subsection 2, and thereupon the existing, or new, government company or the custodian or custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the company is authorised to exercise and do in relation to the undertakings owned by it. 2 the central government may appoint one or more individuals or a government company as the custodian or custodians of the undertakings of the company in relation to which no direction has been made by it under subsection 1 of section 5 or no declaration has been made by it under subsection 1 of section 6, and the custodian or custodians so appointed shall receive, from the funds of the undertakings, such remuneration as may be specified by the central government. 3 the custodian or custodians of the undertakings of the company shall maintain an account of the undertakings of the company in such form and manner and under such conditions as may be prescribed, and the provisions of the companies act, 1 of , shall apply to the audit of the accounts so maintained as they apply to the audit of the accounts of a company.

section 12., in their possession. of the national company limited acquisition and transfer of undertakings act : 1 any person who has, on the appointed day, in his possession or under his control, any assets, books, documents or other papers relating to any undertaking owned by the company, which has vested in the central government or in an existing, or a new, government company under this act, and which belongs to the company, or would have so belonged, if the undertakings owned by the company had not vested in the central government or such government company, shall be liable to account for the said assets, books, documents and other papers to the central government or the government company and shall deliver them up to the central government or such government company or to such person or body of persons as the central government or the government company may specify in this behalf. 2 the central government may take or cause to be taken all necessary steps for securing possession of the undertakings of the company which have vested in it under section 3. 3 the company shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its property and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3, and, for this purpose, the central government or the existing, or new, government company shall afford to the company all reasonable facilities.

section 3. of the national company limited acquisition and transfer of undertakings act : on the appointed day, the undertakings of the company, and the right, title and interest of the company in relation to its undertakings, shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 2. of the national company limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 27th day of april, b commissioner means the commissioner of payments appointed under section 15 c company means messrs. national company limited, a company within the meaning of the companies act, 1 of , and having its registered office at 18abrabourne road, calcutta, in the state of west bengal d existing government company means a government company which is carrying on business on the appointed day e new government company means a government company formed and registered on or after the appointed day f notification means a notification published in the official gazette g prescribed means prescribed by rules made under this act h specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this act i words and expressions used herein and not defined but defined in the companies act, 1 of , have the meanings respectively assigned to them in that act.

section 6. of the national company limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, where the undertakings of the company have been directed, under subsection 1 of section 5, to vest in an existing government company, the central government may, if it is satisfied that a new government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, declare, by notification, that the undertakings of the company be transferred to that new government company and on the issue of such declaration, the right, title and interest of the company in relation to its undertakings, which had been directed under subsection 1 of section 5 to vest in an existing government company, shall, instead of continuing to vest in that existing government company, vest in that new government company with effect from the date on which such declaration is made. 2 where the right, title and interest of the existing government company in relation to the undertakings of the company vest under subsection 1 in a new government company, that new government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the existing government company in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of that new government company.

section 11. of the national company limited acquisition and transfer of undertakings act : 1 on the vesting of the management of the undertakings of the company in an existing, or a new, government company or on the appointment of a custodian or custodians, all persons in charge of the management of the undertakings of the company immediately before such vesting or appointment shall be bound to deliver to such government company, or the custodian or custodians, as the case may be, all assets, books of account, registers and other documents in their custody relating to the undertakings of the company. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the existing, or new, government company or the custodian or custodians, and such government company, custodian or custodians may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the company shall be conducted or in relation to any other matter arising in the course of such management.

section 20. of the national company limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine any claim in respect of such lower category.

section 13. of the national company limited acquisition and transfer of undertakings act : 1 every employee of the company in connection with any undertaking owned by it, shall become, on and from the appointed day, an employee of the central government, and where such undertaking is vested in an existing, or a new, government company under this act, become, on and from the date of such vesting in such government company, an employee thereof and shall hold office or service under the central government or the existing, of new, government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the existing, or new, government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the existing, or new, government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the lime being in force, the transfer of the services of any officer or other person employed in any undertakings owned by the company to the central government or the existing, or new, government company shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 14. of the national company limited acquisition and transfer of undertakings act : 1 where the company has established a provident fund, superannuation fund, welfare fund or other fund for the benefit of persons employed in any of the undertakings owned by it, the monies relatable to the employees, whose services have become transferred by or under this act to the central government or an existing, or a new, government company shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and shall vest in, the central government or the government company, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the existing, or new, government company, as the case may be, shall be dealt with by that government or the government company in such manner as may be prescribed.

section 15. of the national company limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to the company, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 19. of the national company limited acquisition and transfer of undertakings act : the claims made under section 18 shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 16. of the national company limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the company a an amount equal to that specified in section 8 b a further amount equal to the amount payable to the company under section 9. 2 a deposit account shall be opened by the central government in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of the undertakings of the company in relation to which payment has been made to him under this act. 4 interest accruing on the amounts standing to the credit of the deposit account referred to in subsection 2 shall ensure to the benefit of the company.

section 17. of the national company limited acquisition and transfer of undertakings act : 1 the central government or the existing, or new, government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the company, in relation to any of the undertakings owned by it which have vested in the central government or such government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the existing, or new, government company, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or government company, after the appointed day, for discharging any liability of the company in respect of any of the undertakings owned by it, in relation to any period prior to the appointed day and every such claim shall have priority in accordance with the priorities attaching under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities of the company in relation to any of the undertakings owned by it, in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the company.

section 24. of the national company limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally would up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 18. of the national company limited acquisition and transfer of undertakings act : every person having a claim against the company with regard to any of the matters specified in the schedule, pertaining to any undertaking owned by it, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

section 22. of the national company limited acquisition and transfer of undertakings act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due and on such payment, the liability of the company in respect of any claim relating to the undertakings owned by it shall stand discharged.

section 21. of the national company limited acquisition and transfer of undertakings act : 1 after examining the claims with reference to the priorities set out in the schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursement made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against such decision to the high court within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall be heard and disposed of by not less than two judges of that high court.

section 26. of the national company limited acquisition and transfer of undertakings act : 1 where any liability of the company arising out of any item specified in any category in part i of the schedule is not discharged fully by the commissioner out of the amounts paid to him under this act, the commissioner shall intimate in writing to the central government the extent of the liability which remains undischarged and that liability shall be assumed by the central government. 2 the central government may, by order, direct the existing, or new, government company in which the undertakings of the company become vested by virtue of any direction made under subsection 1 of section 5 or declaration made under subsection 1 of section 6, to take over the liability assumed by the central government under subsection 1, and on receipt of such direction, it shall be the duty of such existing, or new, government company to discharge such liability.

section 23. of the national company limited acquisition and transfer of undertakings act : 1 if out of the monies paid to him in relation to any undertaking owned by the company there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such balance to the company. 2 where the possession of any machinery, equipment or other property has vested in the central government or any existing, or new, government company under this act, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or, as the case may be, the existing, or new, government company, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the company, immediately before the appointed day.

section 25. of the national company limited acquisition and transfer of undertakings act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 29. of the national company limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of the undertakings owned by the company, wrongfully withholds such property from the central government or the government company or b wrongfully obtains possession of, or retains, any property forming part of, the undertakings owned by the company or c wilfully withholds or fails to furnish to the central government or the existing, or new, government company or any person or body of persons specified by that government or such government company, as the case may be, any document relating to the undertakings owned by the company, which may be in his possession, custody or control or d fails to deliver to the central government or the existing, or new, government company or any person or body of persons specified by that government or government company, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings owned by the company or e wrongfully removes or destroys any property forming part of the undertakings owned by the company or prefers any claim under this act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees.

section 27. of the national company limited acquisition and transfer of undertakings act : notwithstanding the vesting under this act of the undertakings of the company in the central government or an existing, or a new, government company, a the custodian who has been managing the affairs of such undertaking before the date on which the undertaking had so vested shall, until alternative arrangements have been made by the central government or, as the case may be, such government company, for the management of such undertakings continue to manage the affairs of the undertakings, as if the custodian had been authorised by the central government or, as the case may be, such government company, to manage such undertakings b the custodian or any person authorised by him for this purpose shall, until alternative arrangements have been made by the central government or, as the case may be, such government company, continue to be authorised to operate, in relation to the undertakings of the company, any account of such undertakings in any bank as if the custodian or the person authorised by him had been authorised by the central government or such government company to operate such account.

section 28. of the national company limited acquisition and transfer of undertakings act : every contract entered into by the company in relation to any of the undertakings owned by it, which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government, or the existing, or new, government company, in which such undertakings have been vested under this act, and in ratifying such contract the central government or such government company may make such alteration or modification therein as it may think fit: provided that the central government or such government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or such government company and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 30. of the national company limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 34. of the national company limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 31. of the national company limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the existing, or new, government company in which the undertakings of the company have vested under this act or other person authorised by that government or government company for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the existing, or new, government company aforesaid or any officer or other person authorised by that company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 32. of the national company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 33 and 34, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 35. of the national company limited acquisition and transfer of undertakings act : 1 the national company limited acquisition and transfer of undertakings ordinance, 4 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 33. of the national company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, makes rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the form and manner in which and the conditions under which accounts shall be maintained by the custodian or custodians, as required by subsection 3 of section 10 c the manner in which the monies in any provident fund or other fund, referred to in subsection 2 of section 14, shall be dealt with d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the hotelreceipts tax act : 1 every person, who, during the previous year, carried on the business of a hotel in relation to which this act applies or is assessable in respect of the chargeable receipts of any other person under this act, shall furnish a return of his chargeable receipts or the chargeable receipts of such other person of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, before the expiry of four months from the end of the previous year in respect of the business of the hotel or where there is more than one previous year in respect of such business, from the end of the previous year which expired last before the commencement of the assessment year, or before the 30th day of june of the assessment year, whichever is later: provided that, on an application made in this behalf, the income tax officer may, in his discretion, extend the date for furnishing the return. 2 in the case of any person who, in the incometax officers opinion is assessable under this act, whether in respect of his own chargeable receipts or in respect of the chargeable receipts of any other person, the incometax officer may, before the end of the relevant assessment year, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice a return of his chargeable receipts or the chargeable receipts of such other person of the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: provided that on an application made in this behalf, the incometax officer may, in his discretion, extend the date for furnishing the return. 3 any assessee who has not furnished a return within the time allowed under subsection 1 or subsection 2, or having furnished a return under subsection 1 or subsection 2, discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made.

section 1. of the hotelreceipts tax act : 1 this act may be called the hotelreceipts tax act, . 2 it extends to the whole of india.

section 7. of the hotelreceipts tax act : 1 subject to the provisions of subsection 2, the following deductions shall be allowed in computing the chargeable receipts of any previous year i the amount of charges accruing or arising in an earlier previous year which is established to have become a bad debt during the previous year: provided that such charges have been taken into account in computing the chargeable receipts of the assessee of any earlier previous year and the amount has been written off as irrecoverable in the accounts of the assessee for the previous year during which it is established to have become a bad debt ii any amount payable by way of sales tax, entertainment tax or tax on luxuries in respect of any charges included in the chargeable receipts of the previous year iii the amount of tax chargeable under this act. explanation.for the removal of doubts, it is hereby declared that in computing the chargeable receipts of a previous year, no deduction, other than the deductions specified in this subsection, shall be allowed from the total amount of charges received by, or accruing or arising to, the assessee. 2 in computing the chargeable receipts of a previous year, the amount of charges which is received by or which accrues or arises to the assessee before the expiry of one month from the end of the month in which this act comes into force 1or after the 27th day of february, shall not be taken into account. 1. ins. by act 14 of , s. 42 w.e.f. .

section 2. of the hotelreceipts tax act : in this act, unless the context otherwise requires, 1 assessee means a person by whom hotelreceipts tax or any other sum of money is payable under this act and includes a every person in respect of whom any proceeding under this act has been taken for the assessment of his chargeable receipts or of the amount of refund due to him or of the chargeable receipts of any other person in respect of which he is assessable or of the amount of refund due to such other person b every person who is deemed to be an assessee in default under any provision of this act 2 assessment includes reassessment 3 assessment year means the period of twelve months commencing on the 1st day of april every year 4 board means the central board of direct taxes constituted under the central boards of revenue act, 54 of 5 chargeable receipts means the total amount of all charges referred to in section 6, computed in the manner laid down in section 7 6 hotel includes a building or part of a building where residential accommodation is, by way of business, provided for a monetary consideration 7 hotelreceipts tax or tax means the tax chargeable under the provisions of this act 8 incometax act means the incometax act, 43 of 9 prescribed means prescribed by rules made under this act 10 room charges means the charges for a unit of residential accommodation in a hotel and includes the charges for a furniture, airconditioner, refrigerator, radio, music, telephone, television, and b such other services as are normally included by a hotel in room rent, but does not include charges for food, drink and any services other than those referred to in subclauses a and b 11 all other words and expressions used herein but not defined and defined in the incometax act shall have the meanings respectively assigned to them in that act.

section 9. of the hotelreceipts tax act : 1 where any hotelreceipts tax is payable on the basis of any return required to be furnished under section 8 or section 13 after taking into account the amount of hotelreceipts tax, if any, already paid under any provision of this act, the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax. 2 after an assessment under section 10 or section 11 has been made, any amount paid under subsection 1 shall be deemed to have been paid towards such assessment. 3 if any assessee fails to pay the hotelreceipts tax or any part thereof in accordance with the provisions of subsection 1, the incometax officer may direct that a sum equal to two per cent. of such tax or part thereof, as the case may be, shall be recovered from him by way of penalty for every month during which the default continues: provided that before levying any such penalty, the assessee shall be given a reasonable opportunity of being heard.

section 3. of the hotelreceipts tax act : 1 subject to the provisions of subsection 2 and subsection 3, this act shall apply in relation to every hotel wherein the room charges for residential accommodation provided to any person at any time during the previous year are seventyfive rupees or more per day per individual. explanation. where the room charges are payable otherwise than on daily basis or per individual, then the room charges shall be computed as for a day and per individual based on the period of occupation of the residential accommodation for which the charges are payable and the number of individuals ordinarily permitted to occupy such accommodation according to the rules and custom of the hotel. 2 where a composite charge is payable in respect of residential accommodation and food, the room charges included therein shall be determined in the prescribed manner. 3 where i a composite charge is payable in respect of residential accommodation, food, drink and other services, or any of them, and the case is not covered by the provisions of subsection 2, or ii it appears to the incometax officer that the charges for residential accommodation, food, drink or other services are so arranged that the room charges are understated and the other charges are overstated, the incometax officer shall, for the purposes of subsection 1, determine the room charges on such reasonable basis as he may deem fit.

section 4. of the hotelreceipts tax act : 1 every director of inspection, commissioner of incometax, commissioner of incometax appeals, inspecting assistant commissioner of incometax, incometax officer and inspector of incometax shall have the like powers and perform the like functions under this act as he has and performs under the incometax act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this act shall be the same as he has under the incometax act. 2 all officers and persons employed in the execution of this act shall observe and follow the orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued a so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the commissioner appeals in the exercise of his appellate functions. 3 every incometax officer employed in the execution of this act shall observe and follow the orders, instructions and directions issued for his guidance by the director of inspection or by the commissioner or by the inspecting assistant commissioner within whose jurisdiction he performs his functions.

section 10. of the hotelreceipts tax act : 1 for the purpose of making an assessment under this act, the incometax officer may serve on any person who has furnished a return under section 8 or upon whom a notice has been served under subsection 2 of section 8 whether a return has been furnished or not a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or other evidence as the incometax officer may require for the purposes of this act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require. 2 the incometax officer, after considering such accounts, documents or other evidence, if any, as he has obtained under subsection 1 and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable receipts and the amount of the hotelreceipts tax payable on the basis of such assessment.

section 5. of the hotelreceipts tax act : 1 subject to the provisions of this act, there shall be charged on every person carrying on the business of a hotel in relation to which this act applies, for every assessment year commencing on or after the 1st day of april, , a tax in respect of his chargeable receipts of the previous year at the rate of fifteen per cent. of such receipts: provided that where such chargeable receipts include any charges received in foreign exchange, then, the tax payable by the assessee shall be reduced by an amount equal to five per cent. of the charges exclusive of the amounts payable by way of sales tax, entertainment tax, tax on luxuries or tax under this act so received in foreign exchange. explanation.for the purposes of this subsection, a charges received in indian currency obtained by conversion of foreign exchange into indian currency shall, in such cases and in such circumstances as may be prescribed, be deemed to have been received in foreign exchange and b foreign exchange and indian currency shall have the meanings respectively assigned to them in clauses h and k of section 2 of the foreign exchange regulation act, 46 of . 2 where, under an arrangement made between a person carrying on the business of a hotel to which this act applies and any other person having close connection with him, any food, drink or other services is or are provided on the premises of such hotel by the secondmentioned person and the incometax officer is of opinion that such arrangement has been made with a view to avoiding or reducing the liability under this act by the firstmentioned person, then, a the secondmentioned person shall also be deemed to be a person carrying on the business of a hotel to which this act applies and b hotelreceipts tax shall be charged on the secondmentioned person in respect of charges for food, drink or other services so provided by him as if such charges were the chargeable receipts of the business of a hotel deemed to be carried on by him under clause a, and all the provisions of this act shall apply accordingly. explanation. for the purposes of this subsection, i a close connection shall be deemed to exist between a person carrying on the business of a hotel and another person if, in relation to the person carrying on the business of a hotel, such other person is a person referred to in clause b of subsection 2 of section 40a of the incometax act ii any food, drink or other service shall be deemed to have been provided on the premises of a hotel if the same is or are provided in the hotel or any place appurtenant thereto and where the hotel is situate in a part of building, in any other part of the building.

section 6. of the hotelreceipts tax act : 1 subject to the provisions of this act, the chargeable receipts of any previous year of an assessee shall be the total amount of all charges, by whatever name called, received by, or accruing or arising to, the assessee in connection with the provision of residential accommodation, food, drink and other services or any of them including such charges from persons not provided with such accommodation 1but excluding such charges from persons within the purview of the vienna convention on diplomatic relations, or the vienna convention on consular relations, in the course of carrying on the business of a hotel to which this act applies and shall also include every amount collected by the assessee by way of tax under this act, sales tax, entertainment tax and tax on luxuries. 2 for the removal of doubts, it is hereby declared that where any such charges have been included in the chargeable receipts of any previous year as charges accruing or arising to the assessee during that previous year, such charges shall not be included in the chargeable receipts of any subsequent previous year in which they are received by the assessee. 1. ins. by act 14 of , s. 41 w.e.f. .

section 11. of the hotelreceipts tax act : if a any person fails to make the return required by any notice given under subsection 2 of section 8 and has not made a return or a revised return under subsection 3 of that section, or b any person having made a return, fails to comply with all the terms of a notice issued under subsection 1 of section 10, or c the incometax officer is not satisfied about the correctness or the completeness of the accounts of the assessee, the incometax officer, after taking into account all relevant material which he has gathered shall make the assessment of the chargeable receipts to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment.

section 18. of the hotelreceipts tax act : 1 any person objecting to the amount of hotelreceipts tax for which he is assessed by the incometax officer, or denying his liablility to be assessed under this act, or objecting to an order under section 12 refusing to reopen an assessment made under section 11 or objecting to any penalty or fine imposed by the incometax officer, or to the amount allowed by the incometax officer by way of any relief under any provision of this act, or to any refusal by the incometax officer to grant relief, or to an order of rectification having the effect of enhancing the assessment or reducing the refund, or to an order refusing to allow the claim made by the assessee for a rectification under section 20, may appeal to the commissioner appeals. 2 every appeal shall be in the prescribed form and shall be verified in the prescribed manner. 3 an appeal shall be presented within thirty days of the following date, that is to say, a where the appeal relates to assessment or penalty or fine, the date of service of the notice of demand relating to the assessment or penalty or fine, or b in any other case, the date on which the intimation of the order sought to be appealed against is served: provided that the commissioner appeals may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. 4 the commissioner appeals shall hear and determine the appeal and, subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. 5 the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to incometax.

section 12. of the hotelreceipts tax act : 1 where an assessee assessed under section 11 makes an application to the incometax officer, within one month from the date of service of a notice of demand issued in consequence of the assessment, for the cancellation of the assessment on the ground i that he was prevented by sufficient cause from making the return required under subsection 2 of section 8, or ii that he did not receive the notice issued under subsection 1 of section 10, or iii that he had not a reasonable opportunity to comply, or was prevented by sufficient cause from complying, with the terms of the notice referred to in clause ii, the incometax officer shall, if satisfied about the existence of such ground, cancel the assessment and proceed to make a fresh assessment in accordance with the provisions of section 10 or section 11. 2 every application made under subsection 1 shall be disposed of within ninety days from the date of receipt thereof by the incometax officer: provided that in computing the period of ninety days aforesaid, any delay in disposing of the application which is attributable to the assessee shall be excluded.

section 13. of the hotelreceipts tax act : if a the incometax officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return under section 8 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable receipts for that year have escaped assessment or have been underassessed or have been made the subject of excessive relief under this act, or b notwithstanding that there has been no omission or failure as mentioned in clause a on the part of the assessee, the incometax officer has, in consequence of information in his possession, reason to believe that chargeable receipts assessable for any assessment year have escaped assessment or have been underassessed or have been the subject of excessive relief under this act, he may, in cases falling under clause a, at any time, and in cases falling under clause b, at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 8 and may proceed to assess or reassess the amount chargeable to hotelreceipts tax, and the provisions of this act shall, so far as may be, apply, as if the notice were a notice issued under that section.

section 14. of the hotelreceipts tax act : 1 hotelreceipts tax shall be payable in advance during the financial year in respect of the chargeable receipts of the period which would be the previous year for the immediately following assessment year in accordance with the provisions of this section. 2 hotelreceipts tax shall be payable in advance in two instalments on the following dates during the financial year, namely: i the 15th day of september in respect of the chargeable receipts attributable to the first half of the previous year and ii the 15th day of march in respect of the chargeable receipts attributable to the second half of the previous year: provided that the hotelreceipts tax payable in advance during the financial year commencing on the 1st day of april, shall be payable in one sum on the 15th day of march, . 3 every assessee shall, in each financial year, on or before such of the dates on which an instalment of hotelreceipts tax is payable in advance, send to the incometax officer, an estimate of the chargeable receipts attributable to the relevant part of the previous year and the hotelreceipts tax payable in advance on such chargeable receipts and shall pay such amount of hotelreceipts tax as accords with his estimate on or before the relevant date specified in subsection 2: provided that in respect of the hotelreceipts tax payable in advance during the financial year commencing on the 1st day of april, , the assessee shall send to the incometax officer an estimate of the chargeable receipts attributable to the period which would be the previous year for the assessment year commencing on the 1st day of april, and the hotelreceipts tax payable in advance on such chargeable receipts and shall pay such amount of hotelreceipts tax as accords with his estimate on or before the 15th day of march, . 4 every estimate under this section shall be sent in the prescribed form and verified in the prescribed manner. 5 if any assessee does not pay on or before the specified date any instalment of hotelreceipts tax payable in advance, he shall be deemed to be an assessee in default in respect of such instalment.

section 15. of the hotelreceipts tax act : 1 if, in the course of any proceedings under this act, the incometax officer or the commissioner appeals is satisfied that any person a has, without reasonable cause, failed to furnish the return of chargeable receipts which he was required to furnish under subsection 1 of section 8 or by notice given under subsection 2 of section 8 or section 13 or has, without reasonable cause, failed to furnish it within the time allowed and the manner required by subsection 1 of section 8 or by such notice, as the case may be, or b has, without reasonable cause, failed to comply with the notice under subsection 1 of section 10, or c has concealed the particulars of his chargeable receipts or furnished inaccurate particulars of such receipts, he may direct that such person shall pay by way of penalty, i in the cases referred to in clause a, in addition to the hotelreceipts tax payable by him, a sum equal to two per cent. of the assessed tax for every month during which the default continued, but not exceeding in the aggregate fifty per cent. of the assessed tax. explanation.in this clause, assessed tax means hotelreceipts tax chargeable under the provisions of this act, as reduced by the sum, if any, paid in advance under section 14 ii in the cases referred to in clause b, in addition to the hotelreceipts tax payable by him, a sum which shall not be less than ten per cent. but which shall not exceed fifty per cent. of the amount of the hotelreceipts tax which would have been avoided if the return made by him had been accepted as correct iii in the cases referred to in clause c, in addition to the hotelreceipts tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of hotelreceipts tax which would have been avoided if the return made by him had been accepted as correct: provided that in a case falling under clause c, the incometax officer shall not impose any penalty without the previous approval of the inspecting assistant commissioner. 2 on making an order imposing a penalty under this section, the commissioner appeals shall forthwith send a copy of the same to the incometax officer.

section 16. of the hotelreceipts tax act : if, in the course of any proceedings in connection with the assessment under section 10 or section 11, the incometax officer is satisfied that any assessee a has furnished under section 14, an estimate of the hotelreceipts tax payable in advance by him which he knew or had reason to believe to be untrue, or b has, without reasonable cause, failed to furnish an estimate of the hotelreceipts tax payable in advance by him in accordance with the provisions of section 14, he may direct that the assessee shall, in addition to the hotelreceipts tax payable by him, pay by way of penalty a sum i which, in the case referred to in clause a, shall not be less than ten per cent. but shall not exceed one and a half times the amount by which the hotelreceipts tax paid in advance during the financial year immediately preceding the assessment year, falls short of eightyfive per cent. of the hotelreceipts tax chargeable under the provisions of this act ii which, in the case referred to in clause b, shall not be less than ten per cent. but shall not exceed one and a half times of eightyfive per cent. of the hotelreceipts tax chargeable under the provisions of this act.

section 17. of the hotelreceipts tax act : no order imposing penalty under section 15 or section 16 shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard.

section 20. of the hotelreceipts tax act : 1 with a view to rectifying any mistake apparent from the record, the incometax officer, the commissioner appeals, the commissioner and the appellate tribunal may, of his or its own motion or on an application by the assessee in this behalf, or where the authority concerned is the commissioner appeals, by the incometax officer also, amend any order passed by him or it in any proceeding under this act within four years of the date on which such order was passed. 2 an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the assessee shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. 3 where an amendment is made under this section, the order shall be passed in writing by the authority concerned. 4 subject to the other provisions of this act, where any such amendment has the effect of reducing the assessment, the incometax officer shall make any refund which may be due to such assessee. 5 where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the incometax officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable.

section 21. of the hotelreceipts tax act : notwithstanding anything contained in the incometax act, in computing the income chargeable to incometax under the head profits and gains of business or profession in the case of an assessee carrying on the business of a hotel to which this act applies, the hotelreceipts tax payable by the assessee for any assessment year shall be deductible from the profits and gains of the business of the hotel assessable for that assessment year.

section 19. of the hotelreceipts tax act : 1 any assessee aggrieved by an order passed by a commissioner under section 22, or an order passed by a commissioner appeals under any provision of this act, may appeal to the appellate tribunal against such order. 2 the commissioner may, if he objects to any order passed by the commissioner appeals under any provision of this act, direct the incometax officer to appeal to the appellate tribunal against the order. 3 every appeal under subsection 1 or subsection 2 shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the commissioner, as the case may be. 4 the incometax officer or the assessee, as the case may be, on receipt or a notice that an appeal against the order of the commissioner appeals has been preferred under subsection 1 or subsection 2 by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of crossobjections, verified in the prescribed manner, against any part of the order of the commissioner appeals, and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 6 an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4, be accompanied by a fee of 1two hundred rupees. 7 subject to the provisions of this act, in hearing and making an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the incometax act. 1. subs. by act 16 of , s. 45, for one hundred and twentyfive rupees w.e.f. .

section 26. of the hotelreceipts tax act : 1 if a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable under this act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable, i in a case where the amount sought to be evaded exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine ii in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. 2 if a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and shall, in the discretion of the court, also be liable to fine. explanation.for the purposes of this section, a wilful attempt to evade any tax, penalty or interest chargeable or imposable under this act or the payment thereof shall include a case where any person i has in his possession or control any books of account or other documents being books of account or other documents relevant to any proceeding under this act containing a false entry or statement or ii makes or causes to be made any false entry or statement in such books of account or other documents or iii wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents or iv causes any other circumstance to exist which will have the effect of enabling such person to evade any tax, penalty or interest chargeable or imposable under this act or the payment thereof.

section 22. of the hotelreceipts tax act : 1 the commissioner may call for and examine the record of any proceeding under this act and if he considers that any order passed therein by the incometax officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such enquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessment. 2 no order shall be made under subsection 1 a to revise an order of reassessment made under section 13, or b after the expiry of two years from the date of the order sought to be revised. 3 notwithstanding anything contained in subsection 2, an order in revision under this section may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the appellate tribunal, the high court or the supreme court. explanation. in computing the period of limitation for the purposes of subsection 2, any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded.

section 28. of the hotelreceipts tax act : if a person wilfully fails to produce, or cause to be produced, on or before the date specified in any notice served on him under subsection 1 of section 10, such accounts and documents as are referred to in the notice, he shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine equal to a sum calculated at a rate which shall not be less than four rupees or more than ten rupees for every day during which the default continues, or with both.

section 23. of the hotelreceipts tax act : 1 the commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this act which has been taken by an incometax officer subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. 2 the commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously. 3 in the case of an application for revision under this section by the assessee, the application shall be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier: provided that the commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period. 4 the commissioner shall not revise any order under this section in the following cases: a where an appeal against the order lies to the commissioner appeals but has not been made and the time within which such appeal may be made has not expired, or the assessee has not waived his right of appeal or b where the order has been made the subject of an appeal to the commissioner appeals. 5 every application by an assessee for revision under this section shall be accompanied by a fee of twentyfive rupees. explanation. an order by the commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee.

section 24. of the hotelreceipts tax act : the provisions of the following sections and schedules of the incometax act and the incometax certificate proceedings rules, , as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to hotelreceipts tax instead of to incometax: 243b and 44, 414, 118, 125, 125a, 128 to 136 both inclusive, 138, 140, 144a, 156, 159 to 163 both inclusive, 166, 167, 170, 171, 173 to 179 both inclusive, 187, 188, 189, 219 to 227 both inclusive, 228a, 229, 231, 232, 237 to 242 both inclusive, 244, 245, 254 to 262 both inclusive, 265, 266, 268, 269, 278b, 278c, 278d, 281, 281b, 282, 283, 284, 287, 288, 288a, 288b, 289 to 293 both inclusive, the second schedule and the third schedule: provided that references in the said provisions and the rules to the assessee shall be construed as references to an assessee as defined in this act.

section 25. of the hotelreceipts tax act : 1 notwithstanding anything contained in the incometax act, all information contained in any statement or return made or furnished under the provisions of that act or obtained or collected for the purposes of that act may be used for the purposes of this act. 2 all information contained in any statement or return made on furnished under the provisions of this act or obtained or collected for the purposes of this act may be used for the purposes of the incometax act.

section 27. of the hotelreceipts tax act : if a person wilfully fails to furnish in due time the return of chargeable receipts which he is required to furnish under subsection 1 of section 8 or by notice given under subsection 2 of section 8 or section 13, he shall be punishable, i in a case where the amount of tax, which would have been evaded if the failure had not been discovered, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine ii in any other case, with imprisonment for a term which shall not be less than three months but which may extend to three years and with fine: provided that a person shall not be proceeded against under this section for failure to furnish in due time the return of chargeable receipts under subsection 1 of section 8, if a the return is furnished by him before the expiry of the assessment year or b the tax payable by him on the chargeable receipts determined on assessment as reduced by the tax paid in advance under section 14, if any, does not exceed three thousand rupees.

section 29. of the hotelreceipts tax act : if a person makes a statement in any verification under this act or under any rule made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable, i in a case where the amount of tax, which would have been evaded if the statement or account had been accepted as true, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine ii in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine.

section 33. of the hotelreceipts tax act : 1 a person shall not be proceeded against for any offence under section 26 or section 27 or section 28 or section 29 or section 30 for any offence under the indian penal code 45 of relating to any matter connected with or arising out of this act, except at the instance of the commissioner. 2 the commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 26 or section 27 or section 28 or section 29 or section 30.

section 31. of the hotelreceipts tax act : if any person convicted of an offence under subsection 1 of section 26 or section 27 or section 29 or section 30 is again convicted for an offence under any of the aforesaid provisions, he shall be punishable for the second and for every subsequent offence with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine.

section 30. of the hotelreceipts tax act : if a person abets or induces in any manner another person to make and deliver an account or a statement or declaration relating to any chargeable receipts which is false and which he either knows to be false or does not believe to be true or to commit an offence under subsection 1 of section 26, he shall be punishable, i in a case where the amount of tax, penalty or interest which would have been evaded, if the declaration, account or statement had been accepted as true, or which is wilfully attempted to be evaded, exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine ii in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine.

section 37. of the hotelreceipts tax act : consequential amendments. rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f.

section 32. of the hotelreceipts tax act : notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under section 26 or section 27 or section 29 or section 30 shall be deemed to be noncognizable within the meaning of that code.

section 34. of the hotelreceipts tax act : 1 the board may, subject to the control of the central government, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the room charges may be determined under subsection 2 of section 3 in cases where composite charges are payable in respect of residential accommodation and food b the cases and the circumstances in which payments made in indian currency by conversion of foreign exchange into indian currency shall be deemed to have been made in foreign exchange for the purposes of subsection 1 of section 5 c the form in which returns under section 8 may be furnished, the manner in which they may be verified and the other particulars which a form may contain d the form in which an estimate under section 14 may be sent and the manner in which it may be verified e the form in which appeals under section 18 or section 19 may be filed and the manner in which they may be verified f the form in which a memorandum of crossobjections under subsection 4 of section 19 may be verified g the procedure to be followed on applications for rectification of mistakes under section 20 h the form in which a notice of demand may be served on the assessee under subsection 5 of section 20 i any other matter which by this act is to be or may be prescribed. 3 the power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not earlier than the date of commencement of this act. 4 the central government shall cause every rule made under this section to be laid, as soon as may be, after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 36. of the hotelreceipts tax act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act.

section 35. of the hotelreceipts tax act : where the central government is of the opinion that it is necessary or expedient so to do either in the public interest or having regard to the peculiar circumstances of the case, it may, by notification in the official gazette and subject to such conditions, if any, as may be specified in the notification, exempt any hotel or any class of hotels from the levy of hotelreceipts tax.

section 8. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the appropriate government. 2 nothing in subsection 1 shall require the authority to disclose facts which it considers to be against the public interest to disclose.

The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980

section 1. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 this act may be called the prevention of black marketing and maintenance of supplies of essential commodities act, . 2 it extends to the whole of india 1. 3 it shall be deemed to have come into force on the 15th day of october, . 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. .

section 4. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : a detention order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the code of criminal procedure, 2 of .

section 3. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 the central government or a state government or any officer of the central government, not below the rank of a joint secretary to that government specially empowered for the purposes of this section by that government, or any officer of a state government, not below the rank of a secretary to that government specially empowered for the purposes of this section by that government, may, if satisfied, with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community it is necessary so to do, make an order directing that such person be detained. explanation.for the purposes of this subsection, the expression acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community means a committing or instigating any person to commit any offence punishable under the essential commodities act, 10 of , or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in, any commodity essential to the community or b dealing in any commodity i which is an essential commodity as defined in the essential commodities act, 10 of , or ii with respect to which provisions have been made in any such other law as is referred to in clause a, with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that act or other law aforesaid. 2 any of the following officers, namely: a district magistrates b commissioners of police, wherever they have been appointed, may also, if satisfied as provided in subsection 1, exercise the powers conferred by the said subsection. 3 when any order is made under this section by an officer mentioned in subsection 2, he shall forthwith report the fact to the state government to which he is subordinate together with the grounds on which the order has been made and such other particulars as in his opinion have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the state government: provided that where under section 8 the grounds of detention are communicated by the authority making the order after five days but not later than ten days from the date of detention, this subsection shall apply subject to the modification that for the words twelve days, the words fifteen days shall be substituted. 4 when any order is made or approved by the state government under this section or when any order is made under this section by an officer of the state government not below the rank of secretary to that government specially empowered under subsection 1, the state government shall, within seven days, report the fact to the central government together with the grounds on which the order has been made and such other particulars as, in the opinion of the state government, have a bearing on the necessity for the order.

section 2. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : in this act, unless the context otherwise requires, a appropriate government means, as respects a detention order made by the central government or by an officer of the central government or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer of a state government or as respects a person detained under such order, the state government b detention order means an order made under section 3 c state government, in relation to a union territory, means the administrator thereof.

section 7. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 if 1the appropriate government or an officer mentioned in subsection 2 of section 3, as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that government 2or officer may a make a report in writing of the fact to a metropolitan magistrate or a judicial magistrate of the first class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of sections 82, 83, 84 and 85 of the code of criminal procedure, 2 of , shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the magistrate b by order notified in the official gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence under clause b of subsection 1 shall be cognizable. 1. subs. by act 27 of , s. 2, for appropriate government w.e.f. . 2. ins. by s. 2, ibid. w.e.f. .

section 6. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : no detention order shall be invalid or inoperative merely by reason a that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or officer making the order, or b that the place of detention of such person is outside the said limits.

section 5. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : every person in respect of whom a detention order has been made shall be liable a to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the appropriate government may, by general or special order, specify and b to be removed from one place of detention to another place of detention, whether within the same state or in another state, by order of the appropriate government: provided that no order shall be made by a state government under clause b for the removal of a person from one state to another state except with the consent of the government of that other state.

section 12. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 in any case where the advisory board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. 2 in any case where the advisory board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate government shall revoke the detention order and cause the person to be released forthwith.

section 9. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 the central government and each state government shall, whenever necessary, constitute one or more advisory boards for the purposes of this act. 12 every such board shall consist of three persons who are, or have been, or are qualified to be appointed as, judges of a high court, and such persons shall be appointed by the appropriate government. 3 the appropriate government shall appoint one of the members of the advisory board who is, or has been, a judge of a high court to be its chairman, and in the case of a union territory, the appointment to the advisory board of any person who is a judge of the high court of a state shall be with the previous approval of the state government concerned. 1. subs. by act 19 of , s. 2, for subsections 2 and 3 and the explanation w.e.f. .

section 16. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : no suit or other legal proceeding shall lie against the central government or a state government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this act.

section 10. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : save as otherwise expressly provided in this act, in every case where a detention order has been made under this act, the appropriate government shall, within three weeks from the date of detention of a person under the order, place before the advisory board constituted by it under section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer referred to in subsection 2 of section 3, also the report by such officer under subsection 3 of that section.

section 17. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 the prevention of black marketing and maintenance of supplies of essential commodities ordinance, 10 of , is hereby repealed. 2 notwithstanding such repeal anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 11. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 the advisory board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate government or from any person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate government within seven weeks from the date of detention of the person concerned. 2 the report of the advisory board shall specify in a separate part thereof the opinion of the advisory board as to whether or not there is sufficient cause for the detention of the person concerned. 3 when there is a difference of opinion among the members forming the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board. 4 nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the advisory board, and the proceedings of the advisory board, and its report, excepting that part of the report in which the opinion of the advisory board is specified, shall be confidential.

section 13. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12, shall be six months from the date of detention: provided that nothing contained in this section shall affect the power of the appropriate government to revoke or modify the detention order at any earlier time.

section 14. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 without prejudice to the provisions of section 21 of the general clauses act, 10 of , a detention order may, at any time, be revoked or modified a notwithstanding that the order has been made by an officer of a state government, by that state government or by the central government b notwithstanding that the order has been made by an officer of the central government or by a state government, by the central government. 2 the revocation or expiry of a detention order shall not bar the making of a fresh detention order under section 3 against the same person in any case where fresh facts have arisen after the date of revocation or expiry on which the central government or a state government or an officer, as the case may be, is satisfied that such an order should be made.

section 15. of the prevention of blackmarketing and maintenance of supplies of essential commodities act : 1 the appropriate government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 2 in directing the release of any person under subsection 1, the appropriate government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction. 3 any person released under subsection 1 shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. 4 if any person fails without sufficient cause to surrender himself in the manner specified in subsection 3, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 5 if any person released under subsection 1 fails to fulfil any of the conditions imposed upon him under the said subsection or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

section 6. of the banking companies acquisition and transfer of undertakings act : 1 every existing bank shall be given by the central government such amount in respect of the transfer, under section 4, to the corresponding new bank of the undertaking of the existing bank as is specified against each such bank in the second schedule. 2 the amount referred to in subsection 1 shall be given to every existing bank, at its option, a in cash to be paid by cheque drawn on the reserve bank in three equal annual instalments, the amount of each instalment carrying interest at the rate of five and a half per cent. per annum from the commencement of this act or b in saleable or otherwise transferable promissory notes or stock certificates of the central government issued and repayable at par, and maturing at the end of i ten years from the commencement of this act and carrying interest from such commencement at the rate of six per cent. per annum, or ii thirty years from the commencement of this act and carrying interest from such commencement at the rate of seven per cent. per annum or c partly in cash to be paid by cheque drawn on the reserve bank and partly in such number of securities specified in subclause i or subclause ii, or both, of clause b, as may be required by the existing bank or d partly in such number of securities specified in subclause i of clause b and partly in such number of securities specified in subclause ii of that clause, as may be required by the existing bank. 3 the first of the three equal annual instalments referred to in clause a of subsection 2 shall be paid, and the securities referred to in clause b of that subsection shall be issued, within sixty days from the date of receipt by the central government of the option referred to in that subsection, or where no such option has been exercised, from the latest date before which such option ought to have been exercised. 4 the option referred to in subsection 2 shall be exercised by every existing bank before the expiry of a period of three months from the commencement of this act or within such further time, not exceeding three months, as the central government may, on the application of the existing bank, allow and the option so exercised shall be final and shall not be altered or rescinded after it has been exercised. 5 any existing bank which omits or fails to exercise the option referred to in subsection 2, within the time specified in sub section 4, shall be deemed to have opted for payment in securities specified in subclause i of clause b of subsection 2. 6 notwithstanding anything contained in this section, any existing bank may, before the expiry of three months from the commencement of this act or within such further time, not exceeding three months, as the central government may, on the application of the existing bank, allow make an application in writing to the central government for an interim payment of an amount equal to seventyfive per cent. of the amount of the paidup capital of such bank, immediately before such commencement, indicating therein whether the payment is desired in cash or in securities specified in subsection 2, or in both. 7 the central government shall, within sixty days from the receipt of the application referred to in subsection 6, make the interim payment to the existing bank in accordance with the option indicated in such application. 8 the interim payment made to an existing bank under subsection 7 shall be set off against the total amount payable to such existing bank under this act and the balance of the amount remaining outstanding after such payment shall be given to the existing bank in accordance with the option exercised, or deemed to have been exercised, under subsection 4 or subsection 5, as the case may be: provided that where any part of the interim payment is obtained by an existing bank in cash, the payment so obtained shall be set off, in the first instance, against the first instalment of the cash payment referred to in subsection 2, and in case the payment so obtained exceeds the amount of the first instalment, the excess amount shall be adjusted against the second instalment and the balance of such excess amount, if any, against the third instalment of the cash payment.

The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980

section 1. of the banking companies acquisition and transfer of undertakings act : 1 this act may be called the banking companies acquisition and transfer of undertakings act, . 2 it shall be deemed to have come into force on the 15th day of april, .

section 2. of the banking companies acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a banking company does not include a foreign company within the meaning of section 591 of the companies act, 1 of b corresponding new bank, in relation to an existing bank, means the body corporate specified against such bank in column 2 of the first schedule c custodian means the person who becomes, or is appointed, a custodian under section 7 d existing bank means a banking company specified in column 1 of the first schedule, being a company the total of the demand and time liabilities in india of which, as shown in the return as on the 14th day of march, , furnished to the reserve bank under section 42 of the reserve bank of india act, 2 of , amounts to not less than rupees two hundred crores 1da prescribed means prescribed by regulations made under this act e words and expressions used herein and not defined but defined in the banking regulation act, 10 of have the meanings respectively assigned to them in that act 1f words and expressions used herein and not defined either in this act or in the banking regulation act, 10 of , but defined in the companies act, 1 of shall have the meanings respectively assigned to them in the companies act, . 1. ins. by act 37 of , s. 10 w.e.f. .

section 5. of the banking companies acquisition and transfer of undertakings act : 1 the undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this act in the ownership, possession, power or control of the existing bank in relation to the undertaking, whether within or without india, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing bank in relation to the undertaking. 2 if, according to the laws of any country outside india, the provisions of this act by themselves are not effective to transfer or vest any asset or liability situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such asset or liability shall, on and from the commencement of this act, stand entrusted to the chief executive officer for the time being of the corresponding new bank, and the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank for the purpose of effectively transferring such assets and discharging such liabilities. 3 the chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by subsection 2, take all such steps as may be required by the laws of any such country outside india for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset and discharge any liability of the existing bank. 4 unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this act and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. 5 if, immediately before the commencement of this act, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 4, is pending by or against the existing bank, the same shall not abate, be discontinued or be in any way, prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained in this act but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corresponding new bank. 6 nothing in this act shall be construed as applying to the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments in any country outside india and other rights and interests in, or arising out of, such property and borrowings, liabilities and obligations of whatever kind subsisting immediately before the commencement of this act, of any existing bank operating in that country if, under the laws in force in that country, it is not permissible for a banking company, owned or controlled by government, to carry on the business of banking there.

section 3a. of the banking companies acquisition and transfer of undertakings act : 13a. trust not to be entered on the register.notwithstanding anything contained in subsection 2f of section 3, no notice of any trust, express, implied or constructive, shall be entered on the register, or be receivable, by the corresponding new bank: 2provided that nothing in this section shall apply to a depository in respect of shares held by it as a registered owner on behalf of the beneficial owners. 1. ins. by act 37 of , s. 13 w.e.f. . 2. ins. by act 8 of , s. 20 w.e.f. .

section 3b. of the banking companies acquisition and transfer of undertakings act : 13b. register of beneficial owners.the register of benificial owners maintained by a depository under section 11 of the depositories act, 22 of , shall be deemed to be a register of shareholders for the purposes of this act. explanation.for the purposes of section 3, section 3a and this section , the expressions benificial owner, depository and registered owner shall have the meanings respectively assigned to them in clauses a, e and j of subsection 1 of section 2 of the depositories act, . 1. ins. by s. 21, ibid. w.e.f. .

section 9. of the banking companies acquisition and transfer of undertakings act : 1 the central government may, after consultation with the reserve bank, make a scheme for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely: a the capital structure of the corresponding new bank 1 b the constitution of the board of directors, by whatever name called, of the corresponding new bank and all such matters in connection therewith or incidental thereto as the central government may consider to be necessary or expedient c the reconstitution of any corresponding new bank into two or more corporations, the amalgamation of any corresponding new bank with any other corresponding new bank or with another banking institution, the transfer of the whole or any part of the undertaking of a 2corresponding new bank to any other corresponding new bank or banking institution or the transfer of the whole or any part of the undertaking of any other banking institution to a corresponding new bank 3ca the manner in which the excess number of directors shall retire under the second proviso to clause i of subsection 3 d such incidental, consequential and supplemental matters as may be necessary to carry out the provisions of this act. 4 3 every board of directors of a corresponding new bank, constituted under any scheme made under subsection 1, shall include 5a not more than five wholetime directors to be appointed by the central government after consultation with the reserve bank: provided that the central government, may, after consultation with the reserve bank, by notification published in the official gazette, post a wholetime director so appointed to any other corresponding new bank. explanation.for the purposes of this clause , the expression corresponding new bank shall include a corresponding new bank as defined in clause d of section 2 of the banking companies acquisition and transfer of undertakings act, b one director who is an official of the central government to be nominated by the central government: provided that no such director shall be a director of any other corresponding new bank. explanation.for the purposes of this clause, the expression corresponding new bank shall include a corresponding new bank within the meaning of the banking companies acquisition and transfer of undertakings act, 5 of 6c one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks, to be nominated by the central government on the recommendation of the reserve bank explanation.for the purpose of this clause, an officer of the reserve bank includes an officer of the reserve bank who is deputed by that bank under section 54aa of the reserve bank of india act, 2 of to any institution referred to therein 7 e one director, from among such of the employees of the corresponding new bank who are workmen under clause s of section 2 of the industrial disputes act, 14 of , to be nominated by the central government in such manner as may be specified in a scheme made under this section f one director, from among the employees of the corresponding new bank who are not workmen under clause s of section 2 of the industrial disputes act, 14 of , to be nominated by the central government after consultation with the reserve bank g one director who has been a chartered accountant for not less than fifteen years to be nominated by the central government after consultation with the reserve bank h subject to the provisions of clause i not more than six directors to be nominated by central government 8i where the capital issued under clause c of subsection 2b of section 3 is i not more than sixteen per cent. of the total paidup capital, one director ii more than sixteen per cent. but not more than thirtytwo per cent. of the total paidup capital, two directors iii more than thirtytwo per cent. of the total paidup capital, three directors, to be elected by the shareholders, other than the central government, from amongst themselves: provided that on the assumption of charge after election of any such director under this clause, equal number of directors nominated under clause h shall retire in such manner as may be specified in the scheme: provided further that in case the number of directors elected, on or before the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, , in a corresponding new bank exceed the number of directors specified in subclause i or subclause ii or subclause iii, as the case may be, such excess number of directors elected before such commencement shall retire in such manner as may be specified in the scheme and such directors shall not be entitled to claim any compensation for the premature retirement of their term of office. 3a the directors to be nominated under clause h or to be elected under clause i of subsection 3a shall a have special knowledge or practical experience in respect of one or more of the following matters, namely: i agricultural and rural economy, ii banking, iii cooperation, iv economics, v finance, vi law, vii smallscale industry, viii any other matter the special knowledge of, and practical experience in, which would, in the opinion of the reserve bank, be useful to the corresponding new bank b represent the interests of depositors or c represent the interests of farmers, workers and artisans. 93aa without prejudice to the provisions of subsection 3a and notwithstanding anything to the contrary contained in this act or in any other law for the time being in force, no person shall be eligible to be elected as director under clause i of subsection 3 unless he is a person having fit and proper status based upon track record, integrity and such other criteria as the reserve bank may notify from time to time in this regard. 3ab the reserve bank may also specify in the notification issued under subsection 3aa, the authority to determine the fit and proper status, the manner of such determination, the procedure to be followed for such determination and such other matters as may be considered necessary or incidental thereto. 3b where the reserve bank is of the opinion that any director of a corresponding new bank elected under clause i of subsection 3 does not fulfil the requirements of 10subsection 3a and subsection 3aa, it may, after giving to such director and the bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the board of directors shall coopt any other person fulfilling the requirments of 10subsection 3a and subsection 3aa as a director in place of the person so removed till a director is duly elected by the shareholders of the corresponding new bank in the next annual general meeting and the person so coopted shall be deemed to have been duly elected by the shareholders of the corresponding new bank as a director. 4 the central government may, after consultation with the reserve bank, make a scheme to amend or vary any scheme made under subsection 1. 115 on and from the date of coming into operation of a scheme made under this section with respect to any of the matters referred to in clause c of subsection 2 or any matters incidental, consequential and supplemental thereto, a the scheme shall be binding on the corresponding new bank or corporations or banking institutions, and also on the members, if any, the depositors, and other creditors and employees of each of them and on any other persons having any right or liability in relation to any of them including the trustees or other persons, managing or in any other manner connected with, any provident fund or other fund maintained by any of them b the properties and assets of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vested in, and the liabilities of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the corporation or corporations brought into existence by reconstitution of the banking institution or the corresponding new bank, as the case may be. 12explanation i. in this section, banking institution means a banking company and includes the state bank of india or a subsidiary bank. 13explanation ii. for the purposes of this section, the expression corresponding new bank shall include a corresponding new bank within the meaning of the banking companies acquisition and transfer of undertakings act, 5 of . 146 every scheme made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme. 1. the words , so however that the paidup capital of any such bank shall not be in excess of rupees one thousand five hundred crores omitted by act 37 of , s. 14 w.e.f. . 2. subs. by act 66 of , s. 36, for corresponding new bank to any other banking institution w.e.f. . 3. ins. by act 45 of , s. 9 w.e.f. . 4. subs. by act 37 of , s. 14, for subsection 3 w.e.f. . 5. subs. by act 23 of , s. 151, for clause a w.e.f. . 6. subs. by act 45 of , s. 9, for clause c w.e.f . 7. clause d omitted by s. 9, ibid. w.e.f. . 8. subs. by act 45 of , s. 9, for clause i w.e.f. . 9. ins. by s. 9, ibid. w.e.f. . 10. subs. by s. 9, ibid., for subsection 3a w.e.f. , 11. ins. by act 1 of , s. 72 w.e.f . 12. explanation numbered as explanation i thereof by act 66 of , s. 36 w.e.f . 13. ins. by s. 36, ibid. w.e.f. . 14. subsection 5 renumbered as subsection 6 by act 1 of , s. 72 w.e.f. .

section 3. of the banking companies acquisition and transfer of undertakings act : 11 on the commencement of this act, there shall be constituted such corresponding new banks as are specified in column 2 of the first schedule. 2 the paidup capital of every corresponding new bank constituted under subsection 1 shall, until any provision is made in this behalf in any scheme made under section 9, be equal to the paidup capital of the existing bank in relation to which it is the corresponding new bank. 2, 32a subject to the provisions of this act, the authorised capital of every corresponding new bank shall be three thousand crores of rupees divided into three hundred crores of fully paidup shares of ten rupees each: provided that the corresponding new bank may reduce the nominal or face value of the shares, and divide the authorised capital into such denomination as it may decide with the prior approval of the reserve bank: provided further that the central government may in consultation with the reserve bank and by notification in the official gazette increase or reduce the authorised capital as it deems fit so however that the shares in all cases shall be fully paidup shares. 2b notwithstanding anything contained in subsection 2, the paidup capital of every corresponding new bank constituted under subsection 1 may from time to time be increased by a such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, transfer from the reserve fund established by such bank to such paidup capital b such amounts as the central government may, after consultation with the reserve bank, contribute to such paidup capital 4c such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, raise by public issue 5or rights issue or by issue of bonus shares or preferential allotment or private placement, of equity shares or preference shares in accordance with the procedure as may be prescribed, so, however, that the central government shall, at all times hold not less than fiftyone per cent. of the paidup capital consisting of equity shares of each corresponding new bank: provided that the issue of preference shares shall be in accordance with the guidelines framed by the reserve bank specifying the class of preference shares, the extent of issue of each class of such preference shares whether perpetual or irredeemable or redeemable and the terms and conditions subject to which, each class of preference shares may be issued. 62bb notwithstanding anything contained in subsection 2, the paidup capital of a corresponding new bank constituted under subsection 1 may, from time to time and before any paidup capital is 7raised by public issue 5or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, be reduced by a the central government, after consultation with the reserve bank, by cancelling any paidup capital which is lost, or is unrepresented by available assets b the board of directors, after consultation with the reserve bank and with the previous sanction of the central government, by paying off any paidup capital which is in excess of the wants of the corresponding new banks: provided that in a case where such capital is lost, or is unrepresented by available assets because of amalgamation of another corresponding new bank or a corresponding new bank as defined in clause d of section 2 of the banking companies acquisition and transfer of undertakings act, 5 of with the corresponding new bank, such reduction may be done, either prospectively or retrospectively, but not from a date earlier than the date of such amalgamation. 2bba a a corresponding new bank may, from time to time and after any paidup capital has been 7raised by public issue 5or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, by resolution passed at an annual general meeting of the shareholders entitled to vote, voting in person, or, where proxies are allowed, by proxy, and the votes cast in favour of the resolution are not less than three times the number of the votes, if any, cast against the resolution by the shareholders so entitled and voting reduce its paidup capital in any way. b without prejudice to the generality of the foregoing power, the paidup capital may be reduced by i extinguishing or reducing the liability on any of its shares in respect of share capital not paidup ii either with or without extinguishing or reducing liability on any of its paidup shares, cancelling any paidup capital which is lost, or is unrepresented by available assets or iii either with or without extinguishing or reducing liability on any of its paidup shares, paying off any paidup share capital which is in excess of the wants of the corresponding new bank. 2bbb notwithstanding anything contained in subsection 2bb or subsection 2bba, the paidup capital of a corresponding new bank shall not be reduced at any time so as to render it below twentyfive per cent. of the paidup capital of that bank as on the date of commencement of the banking companies acquisition and transfer of undertakings amendment act, 8 of . 2c the entire paidup capital of a corresponding new bank, except the paidup capital 7raised from public by public issue 5or rights issue or by issue of bonus shares or preferential allotment or private placement under clause c of subsection 2b, shall stand vested in, and allotted to, the central government. 2d the shares of every corresponding new bank not held by the central government shall be freely transferable: provided that no individual or company resident outside india or any company incorporated under any law not in force in india or any branch of such company, whether resident outside india or not, shall at any time hold or acquire by transfer or otherwise shares of the corresponding new bank so that such investment in aggregate exceeds the percentage, not being more than twenty per cent. of the paidup capital, as may be specified by the central government by notification in the official gazette. explanation. for the purposes of this clause, company means any body corporate and includes a firm or other association of individuals. 2e no shareholder of the corresponding new bank, other than the central government, shall be entitled to exercise voting rights in respect of any shares held by him in excess of 8ten per cent. of the total voting rights of all the shareholders of the corresponding new bank. 9provided that the shareholder holding any preference share capital in the corresponding new bank shall, in respect of such capital, have a right to vote only on resolutions placed before such corresponding new bank which directly affects the rights attached to his preference shares: provided further that 10no preference shareholder, other than the central government, shall be entitled to exercise voting rights in respect of preference shares held by him in excess of ten per cent. of the total voting rights of all the shareholders holding preference share capital only. 2f every corresponding new bank shall keep at its head office a register, in one or more books, of the shareholders in this act referred to as the register and shall enter therein the following particulars: i the names, addresses and occupations, if any, of the shareholders and a statement of the shares held by each shareholder, distinguishing each share by its denoting number ii the date on which each person is so entered as a share holder iii the date on which any person ceases to be a shareholder and iv such other particulars as may be prescribed. 11provided that nothing in this subsection shall apply to shares held with a depository. 2g notwithstanding anything contained in subsection 2f, it shall be lawful for every corresponding new bank to keep the register in computer floppies or diskettes subject to such safeguards as may be prescribed. 3 notwithstanding anything contained in the indian evidence act, 1 of , a copy of, or extract from, the register, certified to be a true copy under the hand of an officer of the corresponding new bank authorised in this behalf by it, shall, in all legal proceedings, be admissible in evidence. 4 every corresponding new bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, and to contract, and may be and sued in its name. 5 every corresponding new bank shall carry on and transact the business of banking as defined in clause b of section 5 of the banking regulation act, 10 of , and may engage in 12 one or more of the other forms of business specified in subsection 1 of section 6 of that act. 6 every corresponding new bank shall establish a reserve fund to which shall be transferred the share premiums and the balance, if any, standing to the credit of the reserve fund of the existing bank in relation to which it is the corresponding new bank, and such further sums, if any, as may be transferred in accordance with the provisions of section 17 of the banking regulation act, 10 of . 137 i the corresponding new bank shall, if so required by the reserve bank, act as agent of the reserve bank at all places in india where it has a branch, for a paying, receiving, collecting and remitting money, bullion and securities on behalf of any government in india and b undertaking and transacting any other business which the reserve bank may from time to time entrust to it. ii the terms and conditions on which any such agency business shall be carried on by the corresponding new bank on behalf of the reserve bank shall be such as may be agreed upon. iii if no agreement can be reached on any matter referred to in clause ii, or if a dispute arises between the corresponding new bank and the reserve bank as to the interpretation of any agreement between them, the matter shall be referred to the central government and the decision of the central government thereon shall be final. iv the corresponding new bank may transact any business or perform any functions entrusted to it under clause i, by itself or through any agent approved by the reserve bank. 1. subs. by s. 11, ibid., for transfer of the undertakings of existing banks w.e.f. 2. subs. by act 37 of , s. 12, for subsections 2a and 3 w.e.f. . 3. subs. by act 4 of , s. 16, for subsection 2a w.e.f. . 4. subs. by act 45 of , s. 8, for clause c w.e.f. . 5. ins. by act 4 of , s. 16 w.e.f. . 6. ins. by act 8 of , s. 3 w.e.f. . 7. subs. by act 45 of , s. 8, for raised by public issue w.e.f. . 8. subs. by act 4 of , s. 16, for one per cent w.e.f. . 9. ins. by act 45 of , s. 8 w.e.f. . 10. subs. by act 4 of , s. 16, for certain words w.e.f. 11. ins. by act 8 of , s. 19 w.e.f. . 12. subs. by act 1 of , s. 71, for one or more forms of business w.e.f. . 13. ins. by s. 71, ibid. w.e.f. .

section 4. of the banking companies acquisition and transfer of undertakings act : on the commencement of this act, the undertaking of every existing bank shall be transferred to, and shall vest in, the corresponding new bank.

section 7. of the banking companies acquisition and transfer of undertakings act : 1 the head office of each corresponding new bank shall be at such place as the central government may, by notification in the official gazette, specify in this behalf, and, until any such place is so specified, shall be at such place at which the head office of the existing bank, in relation to which it is the corresponding new bank, is on the commencement of this act, located. 2 the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a board of directors which shall be entitled to exercise all such powers and do all such acts and things as the corresponding new bank is authorised to exercise and do. 3 a as soon as may be after the commencement of this act, the central government shall, in consultation with the reserve bank, constitute the first board of directors of a corresponding new bank, consisting of not more than seven persons, to be appointed by the central government, and every director so appointed shall hold office until the board of directors of such corresponding new bank is constituted in accordance with the scheme made under section 9: provided that the central government may, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, remove a person from the membership of the first board of directors and appoint any other person in his place. b every member of the first board of directors not being an officer of the central government or of the reserve bank shall receive such remuneration as is equal to the remuneration which a member of the board of directors of the existing bank was entitled to receive immediately before the commencement of this act. 4 until the first board of directors is appointed by the central government under subsection 3, the general superintendence, direction and management of the affairs and business of a corresponding new bank shall vest in a custodian, who shall be the chief executive officer of that bank and may exercise all powers and do all acts and things as may be exercised or done by that bank. 5 the chairman of an existing bank holding office as such immediately before the commencement of this act, shall be the custodian of the corresponding new bank and shall receive the same emoluments as he was receiving immediately before such commencement: provided that the central government may, if the chairman of an existing bank declines to become, or to continue to function as, a custodian of the corresponding new bank, or, if it is of opinion that it is necessary in the interests of the corresponding new bank so to do, appoint any other person as the custodian of a corresponding new bank and the custodian so appointed shall receive such emoluments as the central government may specify in this behalf. explanation.in this subsection and in subsection 1 of section 12, the expression chairman, in relation to any existing bank, includes the person carrying out the duties of the chairman or otherwise functioning as the chief executive officer of that bank. 6 the custodian shall hold office during the pleasure of the central government.

section 10b.. of the banking companies acquisition and transfer of undertakings act : 110b. transfer of unpaid or unclaimed dividend to unpaid dividend account.1 where, after the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, 45 of , a dividend has been declared by a corresponding new bank but has not been paid or claimed within thirty days from the date of declaration, to, or by, any shareholder entitled to the payment of the dividend, the corresponding new bank shall, within seven days from the date of the expiry of such period of thirty days, transfer the total amount of dividend which remains unpaid or unclaimed within the said period of thirty days, to a special account to be called unpaid dividend account of ... the name of the corresponding new bank. explanation.in this subsection, the expression dividend which remains unpaid means any dividend the warrant in respect thereof has not been encashed or which has otherwise not been paid or claimed. 2 where the whole or any part of any dividend, declared by a corresponding new bank before the commencement of the banking companies acquisition and transfer of undertakings and financial institutions laws amendment act, 45 of , remains unpaid at such commencement, the corresponding new bank shall, within a period of six months from such commencement, transfer such unpaid amount to the account referred to in subsection 1. 3 any money transferred to the unpaid dividend account of a corresponding new bank in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the investor education and protection fund established under subsection 1 of section 205c of the companies act, 1 of . 4 the money transferred under subsection 3 to the investor education and protection fund shall be utilised for the purposes and in the manner specified in section 205c of the companies act, 1 of . 1. ins. by s. 12, ibid. w.e.f.

section 9a. of the banking companies acquisition and transfer of undertakings act : 19a. power of reserve bank to appoint additional director.1 if the reserve bank is of the opinion that in the interest of banking policy or in the public interest or in the interests of the corresponding new bank or its depositors, it is necessary so to do, it may, from time to time, by order in writing, appoint, with effect from such date as may be specified in the order, one or more persons to hold office as additional directors of the corresponding new bank. 2 any person appointed as an additional director in pursuance of this section a shall hold office during the pleasure of the reserve bank and subject thereto for a period not exceeding three years or such further periods not exceeding three years at a time as the reserve bank may specify b shall not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the execution of the duties of his office or in relation thereto and c shall not be required to hold qualification shares in the corresponding new bank 3 for the purpose of reckoning any proportion of the total number of directors of the corresponding new bank, any additional director appointed under this section shall not be taken into account. 1. ins. by act 45 of , s. 10 w.e.f. .

section 11. of the banking companies acquisition and transfer of undertakings act : for the purposes of the incometax act, 43 of , every corresponding new bank shall be deemed to be an indian company and a company in which the public are substantially interested.

section 10. of the banking companies acquisition and transfer of undertakings act : 1 every corresponding new bank shall cause its books to be closed and balanced on the 31st day of december 1or such other date in each year as the central government may, by notification in the official gazette, specify and shall appoint, with the previous approval of the reserve bank, auditors for the audit of its accounts. 2provided that with a view to facilitating the transition from one period of accounting to another period of accounting under this subsection, the central government may, by order published in the official gazette, make such provisions as it considers necessary or expedient for the closing and balancing of, or for other matters relating to, the books in respect of the concerned years. 2 every auditor of a corresponding new bank shall be a person who is qualified to act as an auditor of a company under section 226 of the companies act, 1 of and shall receive such remuneration as the reserve bank may fix in consultation with the central government. 3 every auditor shall be supplied with a copy of the annual balancesheet and profit and loss account and a list of all books kept by the corresponding new bank, and it shall be the duty of the auditor to examine the balancesheet and profit and loss account with the accounts and vouchers relating thereto, and in the performance of his duties, the auditor a shall have, at all reasonable times, access to the books, accounts and other documents of the corresponding new bank b may, at the expense of the corresponding new bank, employ accountants or other persons to assist him in investigating such accounts and c may, in relation to such accounts, examine the custodian or any officer or other employee of the corresponding new bank. 4 every auditor of a corresponding new bank shall make a report to the central government upon the annual balancesheet and accounts and in every such report shall state a whether, in his opinion, the balancesheet is a full and fair balancesheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs of the corresponding new bank, and in case he had called for any explanation or information, whether it has been given and whether it is satisfactory b whether or not the transactions of the corresponding new bank, which have come to his notice, have been within the powers of that bank c whether or not the returns received from the offices and branches of the corresponding new bank have been found adequate for the purpose of his audit d whether the profit and loss account shows a true balance of profit or loss for the period covered by such account and e any other matter which he considers should be brought to the notice of the central government. 3explanationi.for the purposes of this act, a the balancesheet shall not be treated as not disclosing a true and fair view of the affairs of the corresponding new bank, and for the period covered by such account, merely by reason of the fact that the balancesheet or, as the case may be, the profit and loss account, does not disclose any matters which are by the provisions of the banking regulation act, 10 of , read with the relevant provisions of this act or any other act, not required to be disclosed. explanation ii.for the purposes of this act, the accounts of the corresponding new bank shall not be deemed as having not been properly drawn up on the ground merely that they do not disclose certain matters if i those matters are such as the corresponding new bank is, by virtue of any provision contained in the banking regulation act, 10 of , read with the relevant provisions of this act, or any other act, not required to disclose and ii the provisions referred to in clause i are specified in the balancesheet and profit and loss account of the corresponding new bank or in the auditors report. 5 the report of the auditor shall be verified, signed and transmitted to the central government. 6 the auditor shall also forward a copy of the audit report to the corresponding new bank and to the reserve bank. 7 after making provision for bad and doubtful debts, depreciation in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which are usually provided for by banking companies, a corresponding new bank 4 may, out of its net profits, declare a dividend and retain the surplus, if any. 57a every corresponding new bank shall furnish to the central government 6 and to the reserve bank the annual balancesheet, the profit and loss account, and the auditors report and a report by its board of directors on the working and activities of the bank during the period covered by the accounts. 8 the central government shall cause every auditors report and report on the working and activities of each corresponding new bank to be laid 7as soon as may be after they are received before each house of parliament 8. 5 9 without prejudice to the foregoing provisions, the central government may, at any time, appoint such number of auditors as it thinks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall have all the rights, privileges and authority in relation to the audit of the accounts of the corresponding new bank which an auditor appointed by the corresponding new bank has under this section. 1. subs. by act 66 of , s. 37, for of each year w.e.f. . 2. ins. by s. 37, ibid. w.e.f. . 3. ins. by act 1 of , s. 73 w.e.f. . 4. subs. by act 37 of , s. 15, for shall transfer the balance of profits to the central government w.e.f. . 5. ins. by 1 of , s. 73 w.e.f . 6. ins. by act 37 of , s. 15 w.e.f. . 7. subs. by act 1 of , s. 73, for certain words w.e.f. . 8. the words , while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions omitted by act 81 of , s. 15 w.e.f. .

section 12. of the banking companies acquisition and transfer of undertakings act : show related subordinates 1 every person holding office, immediately before the commencement of this act, as chairman of an existing bank shall, if he becomes custodian of the corresponding new bank, be deemed, on such commencement, to have vacated office as such chairman. 2 save as otherwise provided in subsection 1, every officer or other employee of an existing bank shall become, on the commencement of this act, an officer or other employee, as the case may be, of the corresponding new bank and shall hold his office or service in that bank on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking of the existing bank had not been transferred to and vested in the corresponding new bank and continue to do so unless and until his employment in the corresponding new bank is terminated or until his remuneration, terms or conditions are duly altered by the corresponding new bank. 3 for the persons who immediately before the commencement of this act were the trustees for any pension, provident, gratuity or other like fund constituted for the officers or other employees of an existing bank, there shall be substituted as trustees such persons as the central government may, by general or special order, specify. 4 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other employee from an existing bank to a corresponding new bank shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 10a. of the banking companies acquisition and transfer of undertakings act : 110a. annual general meeting.1 a general meeting in this act referred to as an annual general meeting of every corresponding new bank which has issued capital under clause c of subsection 2b of section 3 shall be held at the place of the head office of the bank in each year at such time as shall from time to time be specified by the board of directors: provided that such annual general meeting shall be held before the expiry of six weeks from the date on which the balancesheet, together with the profit and loss account and auditors report is, under subsection 7a of section 10, forwarded to the central government or to the reserve bank, whichever date is earlier. 2 the shareholders present at an annual general meeting 2shall be entitled to discuss, approve and adopt the balancesheet and the profit and loss account of the corresponding new bank made up to the previous 31st day of march, the report of the board of directors on the working and activities of the corresponding new bank for the period covered by the accounts and the auditors report on the balancesheet and accounts. 33 nothing contained in this section shall apply during the period for which the board of directors of a corresponding new bank had been superseded under subsection 1 of section 18a: provided that the administrator may, if he considers it appropriate in the interest of the corresponding new bank whose board of directors had been superseded, call annual general meeting in accordance with the provisions of this section. 1. ins. by act 37 of , s. 16 w.e.f. . 2. subs. by act 45 of , s. 11, for shall be entitled to discuss w.e.f. . 3. ins. by act 45 of , s. 11 w.e.f.

section 18. of the banking companies acquisition and transfer of undertakings act : no provision of law relating to winding up of corporations shall apply to a corresponding new bank and no corresponding new bank shall be placed in liquidation save by order of the central government and in such manner as it may direct.

section 13. of the banking companies acquisition and transfer of undertakings act : 1 every corresponding new bank shall observe, except as otherwise required by law, the practices and usages customary among bankers, and, in particular, it shall not divulge any information relating to or to the affairs of its constituents except in circumstances in which it is, in accordance with law or practices and usages customary among bankers, necessary or appropriate for the corresponding new bank to divulge such information. 2 every director, member of a local board or a committee, or auditor, adviser, officer or other employee of a corresponding new bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the third schedule. 3 every custodian of a corresponding new bank shall, as soon as possible, make a declaration of fidelity and secrecy in the form set out in the third schedule. 14 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, 30 of . 1. ins. by act 30 of , s. 34 and part ix of the schedule w.e.f. .

section 12a. of the banking companies acquisition and transfer of undertakings act : 112a. bonus.1 no officer or other employee other than an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of of a corresponding new bank shall be entitled to be paid any bonus. 2 no employee of a corresponding new bank, being an employee within the meaning of clause 13 of section 2 of the payment of bonus act, 21 of , shall be entitled to be paid any bonus except in accordance with the provisions of that act. 3 the provisions of this section shall have effect notwithstanding any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in any other provision of this act or in the industrial disputes act, 14 of , or any other law for the time being in force or any practice, usage or custom or any contract, agreement, settlement, award or other instrument. 1. ins. by act 64 of , s. 5 w.e.f. .

section 15. of the banking companies acquisition and transfer of undertakings act : 1 all acts done by the custodian, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. 2 no act or proceeding of any board of directors or a local board or committee of a corresponding new bank shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, such board or committee, as the case may be. 3 all acts done by a person acting in good faith as a director or member of a local board or committee of a corresponding new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: provided that nothing in this section shall be deemed to give validity to any act by a director or member of a local board or committee of a corresponding new bank after his appointment has been shown to the corresponding new bank to be invalid or to have terminated.

section 16a. of the banking companies acquisition and transfer of undertakings act : 116a. arrangement with corresponding new bank on appointment of directors to prevail.1 where any arrangement entered into by a corresponding new bank with a company provides for the appointment by the corresponding new bank of one or more directors of such company, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the corresponding new bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the corresponding new bank and may be removed or substituted by any person by order in writing of the corresponding new bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anthing in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. ins. by act 1 of , s. 74 w.e.f.

section 16. of the banking companies acquisition and transfer of undertakings act : 1 every custodian of a corresponding new bank and every officer of the central government or of the reserve bank and every officer or other employee of a corresponding new bank, shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his own wilful act or default. 2 a director or member of a local board or committee of a corresponding new bank shall not be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the corresponding new bank, or by the insolvency or wrongful act of any customer or debtor, or by anything done in or in relation to the execution of the duties of his office, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such director or member.

section 21. of the banking companies acquisition and transfer of undertakings act : 1 the banking companies acquisition and transfer of undertakings ordinance, 3 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given, under the said ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provisions of this act.

section 14. of the banking companies acquisition and transfer of undertakings act : every custodian of a corresponding new bank shall be deemed to be a public servant for the purposes of chapter ix of the indian penal code 45 of .

section 18a. of the banking companies acquisition and transfer of undertakings act : 118a. supersession of board in certain cases.1 where the central government, on the recommendation of the reserve bank, is satisfied that in the public interest or for preventing the affairs of any corresponding new bank being conducted in a manner detrimental to the interest of the depositors or the corresponding new bank or for securing the proper management of any corresponding new bank, it is necessary so to do, the central government may, for reasons to be recorded in writing, by order, supersede the board of directors of such corresponding new bank for a period not exceeding six months as may be specified in the order: provided that the period of supersession of the board of directors may be extended from time to time, so, however, that the total period shall not exceed twelve months. 2 the central government may, on supersession of the board of directors of the corresponding new bank under subsection 1, appoint, in consultation with the reserve bank, for such period as it may determine, an administrator not being an officer of the central government or a state government who has experience in law, finance, banking, economics or accountancy. 3 the central government may issue such directions to the administrator as it may deem appropriate and the administrator shall be bound to follow such directions. 4 upon making the order of supersession of the board of directors of the corresponding new bank, notwithstanding anything contained in this act, a the chairman, managing director and other directors shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act or any other law for the time being in force, be exercised and discharged by or on behalf of the board of directors of such corresponding new bank, or by a resolution passed in general meeting of such corresponding new bank, shall, until the board of directors of such corresponding new bank is reconstituted, be exercised and discharged by the administrator appointed by the central government under subsection 2: provided that the power exercised by the administrator shall be valid notwithstanding that such power is exercisable by a resolution passed in the general meeting of the corresponding new bank. 5 the central government may constitute, in consultation with the reserve bank, a committee of three or more persons who have experience in law, finance, banking, economics or accountancy to assist the administrator in the discharge of his duties. 6 the committee shall meet at such times and places and observe such rules of procedure as may be specified by the central government. 7 the salary and allowances payable to the administrator and the members of the committee constituted under subsection 5 by the central government shall be such as may be specified by the central government and be payable by the concerned corresponding new bank. 8 on and before the expiration of two months before expiry of the period of supersession of the board of directors as specified in the order issued under subsection 1, the administrator of the corresponding new bank, shall call the general meeting of the corresponding new bank to elect new directors and reconstitute its board of directors. 9 notwithstanding anything contained in any other law or in any contract, the memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office. 10 the administrator appointed under subsection 2 shall vacate office immediately after the board of directors of the corresponding new bank has been reconstituted. 1. ins. by act 45 of , s. 13 w.e.f. .

section 20.. of the banking companies acquisition and transfer of undertakings act : amendment of certain enactment.rep. by the repealing and amending act, 19 of , s. 2 and the first schedule w.e.f. .

section 19. of the banking companies acquisition and transfer of undertakings act : show related subordinates 1 the board of directors of a corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, 1by notification in the official gazette, make regulations, not inconsistent with the provisions of this act or any scheme made thereunder, to provide for all matters for which provision is expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, the regulations may provide for all or any of the following matters, namely: a the powers, functions and duties of local boards and restrictions, conditions or limitations, if any, subject to which they may be exercised or performed, the formation and constitution of local committees and committees of local boards including the number of members of any such committee, the powers, functions and duties of such committees, the holding of meetings of local committees and committees of local boards and the conduct of business thereat b the manner in which the business of the local boards shall be transacted and the procedure in connection therewith 2ba the nature of shares of the corresponding new bank, the manner in which and the conditions subject to which shares may be held and transferred and generally all matters relating to the rights and duties of shareholders bb the maintenance of register, and the particulars to be entered in the register in addition to those specified in subsection 2f of section 3, the safeguards to be observed in the maintenance of register on computer floppies or diskettes, inspection and closure of the register and all other matters connected therewith bc the manner in which general meetings shall be convened, the procedure to be followed thereat and the manner in which voting rights may be exercised bd the holding of meetings of shareholders and the business to be transacted thereat be the manner in which notices may be served on the half of the corresponding new bank upon shareholders or other persons bf the manner in which the directors nominated under clause h of subsection 3 of section 9 shall retire c the delegation of powers and functions of the board of directors of a corresponding new bank to the general manager, director, officer or other employee of that bank d the conditions or limitations subject to which the corresponding new bank may appoint advisers, officers or other employees and fix their remuneration and other terms and conditions of service e the duties and conduct of advisers, officers or other employees of the corresponding new bank f the establishment and maintenance of superannuation, pension, provident or other funds for the benefit of officers or other employees of the corresponding new bank or of the dependents of such officers or other employees and the granting of superannuation allowances, annuities and pensions payable out of such funds g the conduct and defence of legal proceedings by or against the corresponding new bank and the manner of signing pleadings h the provision of a seal for the corresponding new bank and the manner and effect of its use i the form and manner in which contracts binding on the corresponding new bank may be executed j the conditions and the requirements subject to which loans or advances may be made or bills may be discounted or purchased by the corresponding new bank k the persons or authorities who shall administer any pension, provident or other fund constituted for the benefit of officers or other employees of the corresponding new bank or their dependents l the preparation and submission of statements of programmes of activities and financial statements of the corresponding new bank and the period for which and the time within which such statements and estimates are to be prepared and submitted and m generally for the efficient conduct of the affairs of the corresponding new bank. 3 until any regulation is made under subsection 1, the articles of association of the existing bank and every regulation, rule, byelaw or order made by the existing bank in force immediately before the commencement of this act shall be deemed to be the regulations made under subsection 1 and shall have effect accordingly and any reference therein to any authority of the existing bank shall be deemed to be a reference to the corresponding authority of the corresponding new bank and until any such corresponding authority is constituted under this act shall be deemed to refer to the custodian. 34 every regulation shall, as soon as may be after it is made under this act by the board of directors of a corresponding new bank, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more succcessive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. 1. ins. by act 66 of , s. 38 w.e.f. . 2. ins. by act 37 of , s. 17 we.f. . 3. ins. by act 1 of , s. 75 w.e.f. .

section 8. of the haryana and uttar pradesh alteration of boundaries act : 1 except as hereinafter provided a the jurisdiction of the high court of punjab and haryana shall, as from the appointed day, extend to the territories transferred by this act from the state of uttar pradesh to the state of haryana and b the high court of judicature at allahabad shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court of judicature at allahabad immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of punjab and haryana shall, as soon as may be after such certification, be transferred to the high court of punjab and haryana. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court of judicature at allahabad shall have, and the high court of punjab and haryana shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court of judicature at allahabad before the appointed day: provided that if, after such proceedings have been entertained by the high court of judicature at allahabad, it appears to the chief justice of that high court that they ought to be transferred to the high court of punjab and haryana, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of judicature at allahabad a before the appointed day in any proceedings transferred to the high court of punjab and haryana by virtue of subsection 2, or b in any proceedings with respect to which the high court of judicature at allahabad retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court of judicature at allahabad, but also as an order made by the high court of punjab and haryana. 5 subject to any rule made or direction given by the high court of punjab and haryana, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of judicature at allahabad as may be specified in this behalf by the chief justice of the high court of punjab and haryana having regard to the transfer of territories from the state of uttar pradesh to the state of haryana, shall be recognised as an advocate entitled to practise in the high court of punjab and haryana.

The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979

section 1. of the haryana and uttar pradesh alteration of boundaries act : this act may be called the haryana and uttar pradesh alteration of boundaries act, .

section 2. of the haryana and uttar pradesh alteration of boundaries act : in this act, unless the context otherwise requires, a appointed day means the day which the central government may, by notification in the official gazette, appoint b assembly constituency, council constituency and parliamentary constituency have the same meanings as in the representation of the people act, 43 of c fixed boundaries means the boundaries demarcated under the provisions of section 3 d law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the state of haryana or uttar pradesh e notified order means an order published in the official gazette f prescribed means prescribed by rules made under this act g present deep stream line means the deep stream line of the riveryamuna as verified and determined by the survey of india during the months of november, , december, , january, and february, h sitting member, in relation to either house of parliament or of the legislature of a state, means a person who immediately before the appointed day is a member of that house i transferred territories means, a in relation to the state of haryana, the territories transferred by this act from that state to the state of uttar pradesh, and b in relation to the state of uttar pradesh, the territories transferred by this act from that state to the state of haryana j any reference to a district of a state shall be construed as a reference to the area physically comprised within that district immediately before the appointed day.

section 7. of the haryana and uttar pradesh alteration of boundaries act : 1 every sitting member of the house of the people representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that house by that constituency as so altered. 2 every sitting member of the legislative assembly of the state of haryana or uttar pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said legislative assembly by that constituency as so altered. 3 every sitting member of the legislative council of the state of uttar pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said legislative council by that constituency as so altered.

section 4. of the haryana and uttar pradesh alteration of boundaries act : 1 as from the appointed day, a there shall be added to the state of haryana all the territories of the state of uttar pradesh which lie on the haryana side of the fixed boundaries, and the said territories shall thereupon cease to form part of the state of uttar pradesh and b there shall be added to the state of uttar pradesh all the territories of the state of haryana which lie on the uttar pradesh side of the fixed boundaries, and the said territories shall thereupon cease to form part of the state of haryana. 2 each of the state governments of haryana and uttar pradesh shall, by order in the official gazette of the state, provide for the administration, as from the appointed day, of the territories transferred to that state under subsection 1 by including them or any part of them in such district, subdivision, policestation or other administrative unit as may be specified in the order.

section 9. of the haryana and uttar pradesh alteration of boundaries act : 1 except as hereinafter provided a the jurisdiction of the high court of judicature at allahabad shall, as from the appointed day, extend to the territories transferred by this act from the state of haryana to the state of uttar pradesh and b the high court of punjab and haryana shall, as from that day, have no jurisdiction in respect of the said territories. 2 such proceedings pending in the high court of punjab and haryana immediately before the appointed day as are certified by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of judicature at allahabad shall, as soon as may be after such certification, be transferred to the high court of judicature at allahabad. 3 notwithstanding anything contained in subsections 1 and 2, but save as hereinafter provided, the high court of punjab and haryana shall have, and the high court of judicature at allahabad shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court of punjab and haryana before the appointed day: provided that if, after such proceedings have been entertained by the high court of punjab and haryana, it appears to the chief justice of that high court that they ought to be transferred to the high court of judicature at allahabad, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. 4 any order made by the high court of punjab and haryana a before the appointed day in any proceedings transferred to the high court of judicature at allahabad by virtue of subsection 2 or b in any proceedings with respect to which the high court of punjab and haryana retains jurisdiction by virtue of subsection 3, shall, for all purposes, have effect not only as an order of the high court of punjab and haryana, but also as an order made by the high court of judicature at allahabad. 5 subject to any rule made or direction given by the high court of judicature at allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of punjab and haryana as may be specified in this behalf by the chief justice of the high court of judicature at allahabad having regard to the transfer of territories from the state of haryana to the state of uttar pradesh shall be recognised as an advocate entitled to practise in the high court of judicature at allahabad.

section 3. of the haryana and uttar pradesh alteration of boundaries act : 1 as from the appointed day, the boundary between the karnal and sonepat districts of the state of haryana and the saharanpur, muzaffarnagar and meerut districts of the state of uttar pradesh and the boundary between the gurgaon district of the state of haryana and the bulandshahr and aligarh districts of the state of uttar pradesh which at present is the deep stream of the riveryamuna, shall be altered to and replaced by fixed boundaries. 2 the said fixed boundaries shall be demarcated by an authority appointed in this behalf by the central government so as to be generally in conformity with the fixed boundaries described in the schedule. 3 for the purposes of such demarcation, a the decision of the said authority on any matter relating to the interpretation of any part of the description of the fixed boundary given in the schedule shall be final b the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the state government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate the pillars of the same specifications being apportioned, as far as practicable, equally between the two state governments, the decision of the said authority in regard to these matters being final c it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of any of the fixed boundaries described in the schedule and to do all other acts as may be necessary. 4 the authority referred to in subsection 2 shall also prepare maps of the areas on both sides of the fixed boundaries and in the vicinity thereof showing a the present deep stream line and the fixed boundary in relation to it and b the names and boundaries of the villages on both sides of the fixed boundary as indicated by the state government concerned with reference to the revenue records of that government, and send authenticated copies thereof to the central government and to the state governments of haryana and uttar pradesh.

section 5. of the haryana and uttar pradesh alteration of boundaries act : as from the appointed day, in the first schedule to the constitution, under the heading i. the states a for the entry against 13. uttar pradesh, the following shall be substituted, namely: the territories which immediately before the commencement of this constitution were either comprised in the province known as the united provinces or were being administered as if they formed part of that province, the territories specified in clause b of subsection 1 of section 3 of the bihar and uttar pradesh alteration of boundaries act, 24 of and the territories specified in clause b of subsection 1 of section 4 of the haryana and uttar pradesh alteration of boundaries act, , but excluding the territories specified in clause a of subsection 1 of section 3 of the bihar and uttar pradesh alteration of boundaries act, , and the territories specified in clause a of subsection 1 of section 4 of the haryana and uttar pradesh alteration of boundaries act, 31 of . b for the entry against 17. haryana, the following shall be substituted, namely: the territories specified in subsection 1 of section 3 of the punjab reorganisation act, and the territories specified in clause a of subsection 1 of section 4 of the haryana and uttar pradesh alteration of boundaries act, 31 of , but excluding the territories specified in clause b of subsection 1 of section 4 of that act..

section 6. of the haryana and uttar pradesh alteration of boundaries act : as from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies a i to the state of haryana, shall be construed as including the territories transferred to that state from the state of uttar pradesh under clause a of subsection 1 of section 4, but excluding the territories transferred from the state of haryana to the state of uttar pradesh under clause b of that subsection ii to any district, subdivision, policestation or other administrative unit in the state of haryana, shall be construed as including that part of the territories, if any, transferred to that state, which is included in that district, subdivision, police station or other administrative unit by order made under subsection 2 of section 4 b i to the state of uttar pradesh, shall be construed as including the territories transferred to that state from the state of haryana under clause b of subsection 1 of section 4, but excluding the territories transferred from the state of uttar pradesh to the state of haryana under clause a of that subsection ii to any district, subdivision, policestation or other administrative unit in the state of uttar pradesh, shall be construed as including that part of the territories, if any, transferred to that state, which is included in that district, subdivision, policestation or other administrative unit by order made under subsection 2 of section 4.

section 10. of the haryana and uttar pradesh alteration of boundaries act : any person who immediately before the appointed day is an advocate entitled to practise in the high court of punjab and haryana or the high court of judicature at allahabad and was authorised to appear in any proceedings transferred under section 8 or section 9 shall have the right to appear in the high court to which the proceedings have been transferred in relation to those proceedings.

section 17. of the haryana and uttar pradesh alteration of boundaries act : the liability of the state of haryana or uttar pradesh to refund any tax or duty on property situate in the transferred territories including land revenue, collected in excess shall be the liability of the state to which the territories are transferred, and the liability of the state of haryana or uttar pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the state to which the territories are transferred.

section 11. of the haryana and uttar pradesh alteration of boundaries act : for the purposes of sections 8 and 9, a proceedings shall be deemed to be pending in the high court of punjab and haryana or the high court of judicature at allahabad until that court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs b references to the high court of punjab and haryana or the high court of judicature at allahabad shall be construed as including references to a judge or division court thereof, and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 12. of the haryana and uttar pradesh alteration of boundaries act : 1 as from the appointed day, any act passed by the legislature of the state of haryana or uttar pradesh before that day for the appropriation of any moneys out of the consolidated fund of the state to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that state by the provisions of part ii and it shall be lawful for the state government to spend any amount on any service in those territories out of the amount authorised by such act to be expended for that service during the financial year in that state. 2 the governor of haryana or of uttar pradesh may, after the appointed day, authorise such expenditure from the consolidated fund of the state as he deems necessary for any purpose or service in the territories transferred to that state for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the legislature of the state: provided that no such authorisation shall be made so as to have effect for any period after the end of the financial year in which the appointed day falls.

section 13. of the haryana and uttar pradesh alteration of boundaries act : the reports of the comptroller and auditorgeneral of india referred to in clause 2 of article 151 of the constitution relating to the accounts of the state of haryana or uttar pradesh in respect of any financial year ending before the appointed day shall be submitted to the governor of each of the states of haryana and uttar pradesh who shall cause them to be laid before the legislature of the state.

section 14. of the haryana and uttar pradesh alteration of boundaries act : 1 subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the state of haryana or uttar pradesh in the transferred territories shall, as from the appointed day, pass to the state to which the territories are transferred. 2 in this section, the expression land includes immovable property of every kind and any rights in or over such property.

section 15. of the haryana and uttar pradesh alteration of boundaries act : the right of the state of haryana or uttar pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the state to which the territories are transferred.

section 18. of the haryana and uttar pradesh alteration of boundaries act : the liability of the state of haryana or uttar pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the state to which the territories are transferred.

section 16. of the haryana and uttar pradesh alteration of boundaries act : the right to recover any loans or advances made before the appointed day by the state of haryana or uttar pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the state to which the territories are transferred.

section 19. of the haryana and uttar pradesh alteration of boundaries act : 1 where, before the appointed day, the state of haryana or uttar pradesh has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power a if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the state to which the territories are transferred and b in any other case, of the state which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the state which made the contract, be the rights or liabilities of the state specified in clause a or clause b above. 2 for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract a any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract and b any liability in respect of expenses incurred in or in connection with any such proceedings. 3 this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations.

section 26. of the haryana and uttar pradesh alteration of boundaries act : as from the appointed day, a the financial corporations constituted under the state financial corporations act, 63 of , for the states of haryana and uttar pradesh and b the state electricity boards constituted under the electricity supply act, 54 of , for the said states, shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 4.

section 21. of the haryana and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of haryana or uttar pradesh is liable as guarantor in respect of any liability of a registered cooperative society, that liability shall, a if the area of the societys operations is limited to the transferred territories, be a liability of the state to which the territories are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability.

section 20. of the haryana and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of haryana or uttar pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall, a if the cause of action arose wholly within the transferred territories, be a liability of the state to which the territories are transferred and b in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability.

section 22. of the haryana and uttar pradesh alteration of boundaries act : if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision.

section 23. of the haryana and uttar pradesh alteration of boundaries act : where the states of haryana and uttar pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

section 24. of the haryana and uttar pradesh alteration of boundaries act : where, by virtue of any of the provisions of this part, either of the states of haryana or uttar pradesh becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribution towards that liability should be made by the other state, the said property or benefits shall be allocated in such manner between the two states, or the other state shall make to the state subject to the liability such contribution in respect thereof, as the central government may, after consultation with the two state governments, by order, determine.

section 25. of the haryana and uttar pradesh alteration of boundaries act : all sums payable by either the state of haryana or uttar pradesh to the other state by virtue of the provisions of this part shall be charged on the consolidated fund of the state by which such sums are payable.

section 27. of the haryana and uttar pradesh alteration of boundaries act : the provisions of section 4 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of haryana or uttar pradesh shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.

section 32. of the haryana and uttar pradesh alteration of boundaries act : 1 it shall be lawful for the state government which is responsible for the construction of any boundary pillar under subsection 3 of section 3 to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against the state government or any of its officers for anything in good faith done or intended to be done under this section. 2 the boundary pillars shall be inspected jointly by the officers of the state governments of haryana and uttar pradesh in accordance with such rules as the central government may make in this behalf. 3 whoever wilfully removes or injures any boundary pillars shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 4 notwithstanding anything contained in the code of criminal procedure, 2 of , an offence under subsection 3 may be inquired into and tried by a court in either of the states of haryana and uttar pradesh.

section 28. of the haryana and uttar pradesh alteration of boundaries act : for the purpose of facilitating the application of any law in relation to the state of haryana or uttar pradesh, the appropriate government may, before the expiration of two years from the appointed day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means as respects any law relating to a matter enumerated in the union list, the central government, and as respects any other law, the state government.

section 34. of the haryana and uttar pradesh alteration of boundaries act : the provisions of this act shall have effect notwithstanding any law, custom or usage which is inconsistent therewith.

section 29. of the haryana and uttar pradesh alteration of boundaries act : notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of haryana or uttar pradesh, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.

section 30. of the haryana and uttar pradesh alteration of boundaries act : where, immediately before the appointed day, the state of haryana or uttar pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other state under this act, the other state shall be deemed to be substituted for the state from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

section 31. of the haryana and uttar pradesh alteration of boundaries act : 1 every proceeding pending immediately before the appointed day before a court other than a high court, tribunal, authority or officer in any area which on that day falls within the state of haryana or uttar pradesh shall, if it is a proceeding/relatable exclusively to any part of the territories which as from that day are the territories of the other state, stand transferred to the corresponding court, tribunal, authority or officer in the other state. 2 if any question arises as to whether any proceeding should stand transferred under subsection 1, it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning, and the decision of that high court shall be final. 3 in this section, a proceeding includes any suit, case or appeal and b corresponding court, tribunal, authority or officer in a state means i the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or ii in case of doubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by the government of that state, or before the appointed day by the government of the other state, to be the corresponding court, tribunal, authority or officer.

section 36. of the haryana and uttar pradesh alteration of boundaries act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 33. of the haryana and uttar pradesh alteration of boundaries act : all things done and all steps taken before the commencement of this act in connection with the demarcation of the fixed boundaries shall, in so far as they are in conformity with the provisions of subsections 2 and 3 of section 3, be deemed to have been done in accordance with law.

section 35. of the haryana and uttar pradesh alteration of boundaries act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty. 2 every order made under this section shall be laid before each house of parliament.

section 1. of the essential services maintenance assam act : 1 this act may be called the essential services maintenance assam act, . 2 it extends to the whole of the state of assam.

section 8. of the essential services maintenance assam act : notwithstanding anything contained in the code of criminal procedure, 2 of , any police officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this act.

section 2. of the essential services maintenance assam act : 1 in this act, unless the context otherwise requires, 1 2b essential service means i any transport services for the carriage of passengers or goods, by land or water with respect to which the legislative assembly of the state of assam has power to make laws ii any service connected with the production, storage, supply or distribution, as the case may be, of gas or water iii any service connected with the maintenance of public health and sanitation, including hospitals and dispensaries iv any public services and posts in connection with the affairs of the state, and also persons appointed to the secretarial staff of the legislative assembly of the state of assam v any other service or employment or class thereof, connected with matters with respect to which the legislative assembly of the state of assam has power to make laws and which the state government, being of opinion that strikes therein would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of the supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community, may, by notification in the official gazette, declare to be an essential service for the purpose of this act bb state government means the state government of assam c strike means the cessation of work by a body of persons employed in any essential service acting in combination or a concerted refusal or a refusal under a common understanding of any number of persons who are or who have been so employed to continue to work or to accept employment, and includes i refusal to work overtime where such work is necessary for the maintenance of any essential service ii any other conduct which is likely to result in, or results ill, cessation or substantial retardation of work in any essential service. 2 every notification issued 3under subclause v of clause 6 of subsection 1 shall be laid before each house of parliament immediately after it is made if it is in session and on the first day of the commencement of the next session of the house if it is not in session, and shall cease to operate at the expiration of forty days from the date of its being so laid or from the reassembly of parliament, as the case may be, unless before the expiration of that period a resolution approving the issue of the notification is passed by both houses of parliament. explanation. where the houses of parliament are summoned to re assemble on different dates, the period of forty days shall be reckoned from the later of those dates. 3 any reference in this act to any law which is not in force in any area of the state of assam and to any authority under such law shall, in relation to that area, be construed as a reference to the corresponding law in force in that area and to the corresponding authority under such corresponding law. 1. omitted by act, 40 of , s. 13, for clause a w.e.f. . 2. subs. by s. 13, ibid, for clause b w.e.f. , act 40 of shall cease to have effect on the expiry of nine years from the date of assent to the act 40 of i.e, 239 . 3. subs. by act 40 of , s. 13, for under subclause xiv w.e.f. .

section 3. of the essential services maintenance assam act : 1 if the 1state government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in the state of assam in any essential service specified in the order. 2 an order made under subsection 1 shall be published in such manner as the 1state government considers best calculated to bring it to the notice of the persons affected by the order. 3 an order made under subsection 1 shall be in force for six months only, but the 1state government may, by a like order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do. 4 upon the issue of an order under subsection 1, a no person employed in any essential service to which the order relates shall go or remain on strike b any strike declared or commenced, whether before or after the issue of the order, by persons employed in any such service shall be illegal. 1. subs. by s. 13, ibid, for appropriate government w.e.f. .

section 5. of the essential services maintenance assam act : any person who commences a strike which is illegal under this act, or goes or remains on, or otherwise takes part in, any such strike shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 7. of the essential services maintenance assam act : any person who knowingly expends or supplies any money in furtherance or support of a strike which is illegal under this act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

section 4. of the essential services maintenance assam act : any person who commences a strike which is illegal under this act, or goes or remains on, or otherwise takes part in, any such strike, shall be liable to disciplinary action including dismissal in accordance with the same provisions as are applicable for the purpose of taking such disciplinary action including dismissal on any other ground under the terms and conditions of service applicable to him in relation to his employment.

section 6. of the essential services maintenance assam act : any person who instigates or incites other persons to take part in, or otherwise acts in furtherance of, a strike which is illegal under this act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

section 11. of the essential services maintenance assam act : 1 the essential services maintenance assam ordinance, 2 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act, as if this act had come into force on the 6th day of april, .

section 10. of the essential services maintenance assam act : the provisions of this act and of any order issued there under shall have effect notwithstanding anything inconsistent therewith contained in the industrial disputes act, 14 of , or in any other law for the time being in force.

section 9. of the essential services maintenance assam act : notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act shall be tried in a summary way by a judicial magistrate of the first class specially empowered in this behalf by the 1state government and the provisions of sections 262 to 265 both inclusive of the said code shall, as far as may be, apply to such trial: provided that in a case of conviction for any offence in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for any term for which such offence is punishable under this act. 1. subs. by act 40 of , s. 13, for appropriate government w.e.f. .

section 8. of the brahmaputra board act : 1 the central government shall appoint the financial adviser to the board. 2 the terms and conditions of service of the financial adviser shall be such as may be prescribed.

section 1. of the brahmaputra board act : 1 this act may be called the brahmaputra board act, . 2 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 31st december, , vide notification no. g.s.r. 677e, dated 28th december, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the brahmaputra board act : it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation and development of the interstate brahmaputra river valley to the extent hereinafter provided.

section 7. of the brahmaputra board act : 1 the central government shall appoint the general manager of the board. 2 the terms and conditions of service of the general manager shall be such as may be prescribed. 3 subject to the general superintendence and control of the board and the chairman of the board, the general manager shall be the chief executive authority of the board. 4 the general manager shall exercise and discharge such of the powers and duties of the chairman as may be prescribed or, as may be delegated to him by the chairman, and such other powers and duties as may be prescribed by rules or determined by regulations.

section 4. of the brahmaputra board act : 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act a board, to be called the brahmaputra board. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued. 3 the board shall consist of the following members, namely: a a chairman and a vicechairman to be appointed by the central government b the general manager of the board and the financial adviser to the board, ex officio c a member each to represent respectively the governments of assam, meghalaya, nagaland, manipur and tripura and the administrations of arunachal pradesh and mizoram, and the northeastern council constituted under section 3 of the northeastern council act, 84 of , to be appointed by the central government d a member each to represent respectively the ministries of the central government dealing with agriculture, irrigation, finance, power and transport to be appointed by the central government e a member each to represent respectively the central water commission, the central electricity authority, the geological survey of india, the india meteorological department, to be appointed by the central government. 4 if any member, for infirmity or otherwise, is incapable of carrying out his duties or is absent on leave otherwise than in circumstances not involving the vacation of his appointment, the central government may appoint another person to act in his place. 5 any officer of the central government, not being a member of the board, if deputed by that government in this behalf, shall have the right to attend the meetings of the board and take part in the proceedings thereof, but shall not be entitled to vote. 6 the board may associate with itself, in such manner and for such purposes as may be determined by regulations, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purpose for which he has been associated, but shall not be entitled to vote. 7 no act or proceeding of the board shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the board or b any defect in the appointment of a person acting as a member of the board or c any irregularity in the procedure of the board not affecting the merits of the case. 8 subject to any rules made under this act, the board may constitute a standing committee consisting of the general manager of the board, financial adviser to the board and three other members of the board. 9 the standing committee constituted under subsection 8 shall perform, exercise and discharge such of the functions, powers and duties of the board as may be prescribed or as may be delegated to it by the board.

section 5. of the brahmaputra board act : the term of office of the members other than the ex officio members and other conditions of service of the members shall be such as may be prescribed.

section 11. of the brahmaputra board act : show related subordinates 1 as soon as may be after the commencement of this act, the central government shall, by notification in the official gazette, demarcate the limits of the brahmaputra valley for the purposes of this act. 2 the board shall perform such of its functions and exercise such of the powers within such areas in the brahmaputra valley as the central government may, by notification in the official gazette, specify from time to time: provided that before issuing any notification in respect of any area under this subsection, the central government shall consult the government of the state within which such area is situated.

section 6. of the brahmaputra board act : 1 the chairman shall, in addition to presiding over the meetings of the board, exercise and discharge such powers and duties of the board as may be delegated to him by the board and such other powers and duties as may be prescribed. 2 the vicechairman of the board shall exercise and discharge such of the powers and duties of the chairman as may be prescribed or as may be delegated to him by the chairman.

section 9. of the brahmaputra board act : 1 the central government shall appoint a two chief engineers to assist the general manager of the board and b the secretary to the board. 2 the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 3 the terms and conditions of service of the chief engineers, the secretary and other officers and employees of the board shall be such as may be determined by regulations.

section 3. of the brahmaputra board act : in this act, unless the context otherwise requires, a board means the brahmaputra board established under section 4 b brahmaputra valley means the interstate brahmaputra river valley as demarcated under section 11 c fund means the brahmaputra board fund constituted under section 19 d master plan means the master plan for the control of floods, bank erosion and improvement of drainage in the brahmaputra valley prepared under section 12 and includes, where it is prepared in parts, each such part e member means a member of the board f prescribed means prescribed by rules made under this act g regulations means regulations made by the board under this act h rules means rules made by the central government under this act i state government, in relation to a union territory, means the administrator thereof appointed under article 239 of the constitution.

section 10. of the brahmaputra board act : subject to any rules made in this behalf, the board may from time to time constitute such advisory committees as may be necessary for the efficient discharge of its functions.

section 14. of the brahmaputra board act : the performance by the board of the functions specified in, or prescribed under, sections 12 and 13 shall be subject to the following conditions, namely: a no multipurpose dam referred to in clause c of subsection 1 of section 13 shall be constructed by the board unless the state governments concerned make available the land required for the purpose b no dam or project referred to in clause d of subsection 1 of section 13 shall be constructed by the board unless the state governments concerned make available free of cost the land required for its execution and also undertake to take over its maintenance on and from the expiry of such period after its completion as may be specified by the board c no dam or other works shall be undertaken by the board unless the state governments concerned agree to provide all such assistance as may be required for the construction , operation and maintenance thereof d such other conditions including conditions relating to the sharing by the state governments concerned of the whole or any part of cost of dam or other works constructed by the board as may be specified by the central government by general or special order published in the official gazette: provided that before undertaking the construction of any such dam or other works, the board shall apprise the state governments concerned of the cost of construction of, and the benefits likely to accrue from, such dam or other works and the proportion in which the state governments shall share such cost and benefits: provided further that if the board and the state governments are unable to agree in respect of the sharing of the cost and benefits of any such dam or other works, the board shall refer the matter to the central government for decision and the central government shall decide such matter after consulting the state governments and the decision of the central government shall be final.

section 16., prepared by the board. of the brahmaputra board act : 1 the board shall forward copies of the master plan, reports, estimates, standards and specifications prepared by it to the central government and the state governments concerned. 2 the central government and the state governments concerned may consult the board with regard to any matters connected with, or arising out of, such plan, reports, estimates or standards and specifications. 3 if, for any reason, a state government considers it necessary to execute any project for the control of floods and bank erosion and drainage work in the brahmaputra valley and such project is not envisaged in the master plan or such project is intended to be executed by the state government in a manner not in conformity with the master plan, the state government may consult the board with regard to the execution of the project and the board may make such recommendations as it may deem fit: provided that nothing contained in this subsection shall be construed as imposing any requirement on any state government to consult the board with regard to the execution of any works which have become urgently necessary by reason of any emergency or other extraordinary circumstances.

section 12., in the brahmaputra valley. of the brahmaputra board act : 1 subject to the other provisions of this act and the rules, the board shall carry out surveys and investigations in the brahmaputra valley and prepare a master plan for the control of floods and bank erosion and improvement of drainage in the brahmaputra valley: provided that the board may prepare the master plan in parts with reference to different areas of the brahmaputra valley or with reference to different matters relating to such areas and may, as often as it considers necessary so to do, revise the master plan or any part thereof. 2 in preparing the master plan, the board shall have regard to the development and utilization of the water resources of the brahmaputra valley for irrigation, hydro power, navigation and other beneficial purposes and shall, as far as possible, indicate in such plan the works and other measures which may be undertaken for such development. 3 the master plan shall be submitted to the central government as soon as may be after it has been prepared or, as the case may be, revised and the central government shall, after consultation with the state governments concerned, approve the same subject to such modifications as it may deem fit.

section 18. of the brahmaputra board act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the board such sums of money as the central government may consider necessary.

section 13. of the brahmaputra board act : 1 the board shall also a prepare detailed reports and estimates in respect of the dams and other projects proposed in the master plan as approved by the central government and indicate in each case the cost attributable to different purposes or uses b draw up standards and specifications for the construction, operation and maintenance of such dams and other projects c construct, with the approval of the central government, multipurpose dams and works connected therewith proposed in the master plan as approved by the central government and maintain and operate such dams and works d prepare, in consultation with the state governments concerned, a phased programme for the construction by the state governments of all dams and other projects proposed in the master plan as approved by the central government other than those referred to in clause c e perform any other such function which may be prescribed for the proper implementation of this act f perform such other functions as are supplemental, incidental or consequential to the functions specified in section 12 or in clauses a to d, or prescribed under clause e, of this subsection. 2 notwithstanding anything contained in clause d of subsection 1, the board may, with the prior approval of the central government, construct any dam or project referred to in that clause if it is satisfied, having regard to the cost of construction, and the expertise required for the construction, of any such dam or project, that it is expedient so to do. 3 the board may maintain and operate any dam or project referred to in subsection 2 for so long as it deems it necessary so to do. explanation.for the purposes of this section, multipurpose dam means a dam which is constructed for purposes of flood control and for other purposes.

section 20. of the brahmaputra board act : the board shall prepare, in such form and at such time each year as may be prescribed, its budget for the next financial year, showing the estimated expenditure, the amount of expenditure which any state government has undertaken to provide for, and forward the same to the central government.

section 15. of the brahmaputra board act : 1 subject to the provisions of this act and the rules, the board shall have the power to do anything which may be necessary or expedient for the purpose of performing its functions under this act. 2 without prejudice to the generality of the provisions of subsection 1, the board may a publish statistics or other information relating to various aspects of flood control, bank erosion and drainage in the brahmaputra valley b require the state governments concerned to furnish to it information relating to the measures undertaken by them for the control of floods and bank erosion and improvement of drainage in the brahmaputra valley, topographical, meteorological and hydrological and other related data and such other information as the board may require for the performance of its functions under this act.

section 17. of the brahmaputra board act : 1 the central government may, from time to time, issue to the board such directions and instructions as it may deem necessary for the efficient administration of this act and the board shall carry out such directions and instructions. 2 in particular and without prejudice to the generality of the provisions of subsection 1, the central government may, while granting whether directly or through the board and after due appropriation made by parliament by law in that behalf any financial assistance, by way of loans or grants for the execution by any state government of any dam or other project referred to in clause d of subsection 1 of section 13 after obtaining the approval of the state government in this behalf, direct the board to exercise all such powers as may be necessary for satisfying itself that the works are being executed in accordance with the standards and specifications laid down therefor by the board.

section 23. of the brahmaputra board act : show related subordinates 1 if any dispute arises between the board and any state government regarding any matter covered by this act or touching or arising out of it, it shall be referred to the central government. 2 the central government shall endeavour to resolve the dispute by negotiations or conciliation in such manner as may be prescribed. 3 notwithstanding anything contained in subsection 2, if the central government considers, whether before initiating action for resolving a dispute by negotiations or conciliation or at any stage after initiating such action, that the dispute is of such a nature that it is necessary or expedient to refer it to arbitration, the central government shall , in such form and in such manner as may be prescribed, refer the matter in dispute to an arbitrator who shall be appointed by the chief justice of india. 4 the arbitrator may appoint two or more persons as assessors to assist him in the proceedings before him. 5 the decision of the arbitrator shall be final and binding on the parties to the dispute and shall be given effect to by them. 6 nothing in the arbitration act, 10 of shall apply to any arbitration under this section.

section 21. of the brahmaputra board act : the board shall prepare, in such form and at such time each year as may be prescribed, its annual report, giving a full account of its activities during the previous year, and forward copies thereof to the central government and that government shall cause the same to be laid before each house of parliament.

section 19. of the brahmaputra board act : 1 there shall be constituted a fund to be called the brahmaputra board fund and there shall be credited thereto the sums paid to the board by the central government or by any state government and all other sums received by the board. 2 the fund shall be applied a for meeting the salary, allowances and other remuneration of the members, officers and other employees of the board and other administrative expenses of the board b for meeting the expenditure on surveys and investigations undertaken by the board c for meeting the cost of construction, operation and maintenance of projects undertaken by the board d for meeting the other expenses of the board in the discharge of its functions under this act and e if any sums are received by the board under subsection 2 of section 17, for the payment of such sums to the state governments concerned.

section 24., of members. of the brahmaputra board act : 1 the central government may remove from the board any member who, in its opinion, a refuses to act, b has become incapable to act, c has so abused his office as a member so as to render his continuance on the board detrimental to the interests of the public, or d is otherwise unsuitable to continue as a member. 2 the central government may suspend any member pending an inquiry against him. 3 no order or removal under this section shall be made unless the member concerned has been given an opportunity to submit his explanation to the central government and when such order is passed, the seat of the member removed shall be declared vacant. 4 a member who has been removed under this section shall not be eligible for reappointment as a member or in any capacity under the board. 5 if the board fails to carry out its functions or directions issued by the central government under this act, the central government shall have power to reconstitute the board.

section 22. of the brahmaputra board act : the accounts of the board shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed.

section 25. of the brahmaputra board act : subject to any rules made in this behalf, any officer of the board generally or specially authorised by the board in this behalf, may, at all reasonable times, enter upon any land or premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying out any of its works or of making any survey, examination or investigation, preliminary or incidental to the exercise of powers or the performance of the functions by the board under this act: provided that no such officer shall enter any building or any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier at least seven days notice in writing of his intention to do so.

section 30. of the brahmaputra board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 26. of the brahmaputra board act : all members, officers and employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 27. of the brahmaputra board act : 1 no suit prosecution or other legal proceedings shall lie against the government or any officer of the government or any member, officer or employee of the board for anything which is in good faith done or intended to be done under this act or the rules or regulations. 2 no suit or other legal proceedings shall lie against the board for any damage caused, or likely to be caused by anything in good faith done or purported to be done under this act or the rules or regulations, and in particular, it shall not be the responsibility of the board to provide for relief measures necessitated by floods or by breaches and failures of works.

section 29. of the brahmaputra board act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the manner in which, and the purposes for which, the board may associate with itself any person under subsection 6 of section 4 b the powers and duties of the general manager of the board which may be determined under subsection 4 of section 7 c the terms and conditions of service of the chief engineers, the secretary and other officers and employees of the board under subsection 3 of section 9 d any other matter in respect of which provision is to be or may be made by regulations.

section 28. of the brahmaputra board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the matters with respect to the standing committee of the board referred to in subsection 8 and 9 of section 4 b the term of office of members other than the ex officio members, and other conditions of service of the members, of the board under section 5 c the powers and duties of the chairman and vicechairman under section 6 d the terms and conditions of service and the powers and duties of the general manager under section 7 e the terms and conditions of service of the financial adviser under section 8 f the conditions and restrictions with respect to carrying out surveys and investigations and preparation of a master plan under subsection 1 of section 12 and other matters relating thereto g the additional functions of the board under clause e of subsection 1 of section 13 h the conditions and restrictions with respect to the general power of the board under subsection 1 of section 15 and other matters relating thereto i the form in which, and the time when, the board shall prepare its budget under section 20 and its annual report under section 21, and the manner in which the accounts of the board shall be maintained and audited under section 22 j the manner in which the central government shall endeavour to resolve, under subsection 2 of section 23, the disputes referred to therein and the form and manner in which such disputes may be referred, under subsection 3 of that section, to arbitration k the conditions and restrictions with respect to the exercise of the power to enter under section 25 and other matters relating thereto l any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

section 8. of the national service act : 1 the central government may, by order in writing, require any employer to release any qualified person for employment in national service within such time as may be specified in the order. 2 where an employer releases a qualified person for employment in national service, such employer shall not be liable to pay the salary, wages and other emoluments, if any, of the qualified person for the period during which national service is or has been rendered by the qualified person. 3 no contract, subsisting between a qualified person and his employer on the date of release of the qualified person for employment in national service, shall be enforceable until such qualified person has been discharged from national service. 4 in computing the period specified in any contract of service in relation to a qualified person who has been called upon to render national service, the period of national service actually rendered by such qualified person shall be excluded. 5 if any employer fails without sufficient cause to comply with the order made under subsection 1, he shall be liable to be punished with imprisonment for a term which may extend to three years and also with fine which may extend to one thousand rupees.

section 1. of the national service act : 1 this act may be called the national service act, . 2 it extends to the whole of india. 3 it shall come into force on such date as the central government may, by notification, appoint.

section 5. of the national service act : if any qualified person serving in the armed forces of the union ceases to serve therein before he has completed four years of such service, he shall, unless he has ceased to be liable under this act to be called up for national service, be liable to be called up to serve for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this act.

section 2. of the national service act : in this act, unless the context otherwise requires, a employer means any person who employs any qualified person for doing any work in any establishment and includes any person entrusted with the supervision and control of qualified persons in such establishment. b establishment means i any office, or ii any place where any industry, trade, business or occupation is carried on, and includes any technical institution or training centre c national service means any service which is likely to assist the defence of india and civil defence or the efficient conduct of military operations and includes such social service as the central government may, if it is of opinion that it is necessary for public purposes so to do, by notification specify in this behalf d notification means a notification published in the official gazette e prescribed means prescribed by rules made under this act f qualified person means a citizen of india who is ordinarily resident in india and who, i has obtained a recognised medical qualification within the meaning of the indian medical council act, of , or ii has obtained, or has passed an examination which entitles him to obtain, a degree of a university or its equivalent qualification in any branch of engineering or technology or both. explanation. for the purposes of this act, a qualified person who is resident in india shall be deemed to be ordinarily resident there unless a he is residing there only for the purposes of attending a course of education or b the circumstances of his residence there are otherwise such as to show that he is residing there for a temporary purpose only or c he, being a person who was born or domiciled in any country outside india, has been resident in india for less than two years.

section 7. of the national service act : 1 every qualified person enlisted under this act for national service in the armed forces of the union shall, subject to such conditions as may be prescribed, be bound to serve in any branch of the armed forces to which he is for the time being attached, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such branch. 2 every qualified person enlisted for any national service, other than service in the armed forces of the union shall, subject to such conditions as may be prescribed, be bound to serve in any position or post to which he is appointed for the time being, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such position or post.

section 9. of the national service act : the central government may, by regulations, make provisions for enabling or requiring a qualified person rendering national service in any branch of the armed forces of the union to be transferred to any other branch of that force or to any other branch of national service or vice versa.

section 10. of the national service act : 1 no qualified person rendering national service under this act shall leave such service until he is discharged therefrom under section 17. 2 no qualified person who has been served with a notice under subsection 1 of section 13 or an enlistment notice under section 14 shall, if he is in any employment at the date of service of such notice, leave such employment or be discharged therefrom, except in accordance with the provisions of this act: provided that nothing in this subsection shall apply where the employment of a qualified person is terminated for the reason that the said person has been guilty of gross insubordination, habitual absence from work, or serious misconduct or has been convicted of an offence. 3 if a qualified person who has been served with a notice under subsection 1 of section 13 or an enlistment notice under section 14 leaves any employment in which he is engaged at the date of service of such notice or is discharged therefrom otherwise than in accordance with the provisions of this act, he or, as the case may be, the person by whom he is discharged, shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees.

section 4. of the national service act : 1 if a qualified person has been enlisted under any other law for the time being in force, for service in one of the armed forces of the union for a period of not less than four years, he shall perform the service required of the members of that force in lieu of the national service required under this act. 2 if a qualified person has rendered or is rendering service, other than service in one of the armed forces of the union and such service is declared by the central government to be equivalent to national service, the period of such service shall be deemed to be service in lieu of the national service required under this act and he shall unless he has ceased to be liable under this act to be called up for national service, be liable to be called up for national service for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this act. 3 if any qualified person has been enlisted as a member of a the indian reserve forces, regulated under the indian reserve forces act, 4 of , b the territorial army constituted under the territorial army act, 56 of , c the air force reserve or the auxiliary air force reserve constituted under the reserve and auxiliary air forces act, 62 of , d the indian naval reserve forces raised and maintained under the navy act, 62 of , or e any other force of the foregoing nature, he shall not be called up, so long as he continues to be a member of that force, to render national service under this act: provided that he shall, after he has ceased to be a member of such force, be liable to render national service unless he has ceased to be liable under this act to be called up for national service, for such term as will, together with the actual service rendered by him as a member of that force, be equivalent to the term of service for which persons are liable to serve under this act.

section 3. of the national service act : 1 every person who a is a qualified person at the commencement of this act, or b becomes a qualified person after such commencement, shall, if he has not attained the age of thirty years at such commencement, or, as the case may be, on the date on which he becomes a qualified person, be liable until he attains the age of thirty years, to be called up for national service for a period of not more than four years. 2 the period of national service for which a qualified person shall be liable to be called up under this act shall begin from the date on which he is required by an enlistment notice served under this act to present himself to the authority specified therein and shall end on the day when his term of national service is completed in accordance with the provisions of this act.

section 6. of the national service act : subject to the provisions of section 3, the central government may, by order, require a qualified person to render service in the armed forces of the union or such other national service, as it may specify in this behalf, for such period and at such place as may be specified in the order.

section 11. of the national service act : 1 every qualified person shall, if he is liable, at the commencement of this act, to be called up for national service, make an application, within ninety days from such commencement, to be registered under this act. 2 every qualified person who becomes liable after the commencement of this act, to be called up for national service, shall, within thirty days from the date on which he becomes so liable, make an application to be registered under this act.

section 12. of the national service act : 1 the central government shall, by general order, direct qualified persons who are required to be registered under this act, a to furnish at such place and time, in such manner and to such authority or person as may be specified therein, such particulars about themselves as the order may require and b to make at such place, in such manner and to such authority or person as may be specified in the order, an application to be registered under this act. 2 the order made under subsection 1 may make different provisions in relation to different classes of qualified persons subject to registration and may provide for exempting from any requirements of the order of any class of qualified persons with respect to whom the central government is satisfied that particulars sufficient for the purposes of this act can be ascertained otherwise than by virtue of those requirements. 3 if any qualified person fails to comply with any requirement of the order made under subsection 1, he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both. 4 the central government shall ensure a that upon an application duly made for registration under this act, the name and address of the applicant together with the particulars of the matters with respect to which information was given by the applicant in pursuance of the order made under subsection 1 are entered in a register kept for the purposes of this act, to be known as the national service register and b that upon the applicant being registered, a certificate of registration is issued to the applicant in the prescribed form. 5 the information contained in the national service register shall not be used for any purpose other than the purposes of this act: provided that nothing in this subsection shall preclude the central government from disclosing, for statistical purposes, any information contained in the national service register. 6 the central government may cause registration to be made of, and a certificate of registration to be issued to, any qualified person of a class exempted from any of the requirements of subsection 1 as if that person had duly applied to be registered under this act. 7 a if any qualified person subject to registration under this act communicates to the central government in the prescribed manner, that he has a preference for the army, air force or naval service, that fact shall be recorded in the national service register. b if a qualified person belonging to a class which is exempted from registration under this act has a preference for the army, air force or naval service, he shall intimate such preference to the central government in such manner as that government may specify and, on receipt of such intimation, the central government shall cause such preference to be recorded in the national service register. 8 a if any change occurs in the name or address of any qualified person while such person remains registered under this act, or if any such person acquires any additional academic or professional qualification or distinction, he shall forthwith communicate the change of his name or address, or, as the case may be, the acquisition by him of additional academic or professional qualification or distinction to the central government in the prescribed manner and at the same time return to the central government, for correction, any certificate of registration held by him and if he fails to communicate the change of his name or address, or, as the case may be, the acquisition by him of the additional academic or professional qualification or distinction, he shall be liable to be punished with fine which may extend to five hundred rupees. b upon the receipt of a communication of the change of name or address of any qualified person registered under this act or of acquisition by him of additional academic or professional qualification or distinction, the central government shall cause the necessary corrections to be made in the entries in the national service register and shall either cause the certificate to be corrected and returned to such person or cause a fresh certificate to be issued to him. 9 the central government may, by rules made under this act, provide for the issue, in specified circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced.

section 13. of the national service act : 1 the central government may from time to time cause to be served on any qualified person subject to registration under this act, and, if he is engaged in any employment, also on his employer, a written notice in the prescribed form stating that such person is likely to be called upon, at any time within a period of twelve months next following, to render national service. 2 omission to serve any notice referred to in subsection 1 on an employer or the service of such notice on a person who is not, at the time of service of such notice, the employer of the qualified person concerned, shall not invalidate the notice served under sub section 1 on the qualified person and shall not affect the liability of the qualified person to be called up for national service. 3 the central government may cause to be served, on any qualified person served with a notice referred to in subsection 1, a written notice requiring that person to submit himself to an examination, by such authority, at such place and at such time, as may be specified in the notice, of his physical and mental fitness for being called up for national service. 4 the central government may make regulations for the examination of the physical and mental fitness of persons subject to registration under this act and such regulations may, in particular, enable the medical and other authority a in a case where he is unable to complete the examination on one occasion, to direct the person examined to submit himself for a further examination on a specified time and place b to direct the person examined to submit himself for examination by a specialist. 5 the central government may by regulations determine the categories in which persons examined under this section are to be placed with reference to their physical and mental condition. 6 if any qualified person fails to comply with the requirements of a notice served on him under subsection 3 or any regulations made or directions given under subsection 4, he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both. 7 the court by which a qualified person is convicted of an offence under this section may, without prejudice to any penalty which may be imposed on him, order him to submit himself to an examination of his physical and mental fitness, further examination or examination by a specialist, as the case may be, at such place and at such time as may be fixed by the court and any such order may provide that such person shall be detained in custody until that time and shall be taken by a police officer to that place and at that time: provided that no person shall be detained in custody by virtue of any such order for more than twentyfour hours. 8 a qualified person who, having been ordered by a court under subsection 7 to submit himself to an examination of his physical and mental fitness and to be detained in custody, is taken by a police officer to the place and at the time at which he is to be examined, does not submit himself to an examination of his physical and mental fitness in accordance with the order, he may be arrested by that or any other police officer without a warrant. 9 a qualified person, who fails to submit himself to an examination of his physical and mental fitness in accordance with an order made under subsection 7, shall be liable to be punished with imprisonment for a term which may extend to three years, and also with fine which may extend to one thousand rupees. 10 a notice served on any qualified person under this section shall cease to have effect if, before that date on which he is required to submit himself to an examination of his physical and mental fitness, he ceases to be subject to registration under this act. 11 the central government may pay to the medical or other authority, specialist, or any qualified person undergoing examination of his physical and mental fitness under this section such travelling and other allowances, including compensation for loss of remunerative time, in accordance with such scales as may be prescribed.

section 19. of the national service act : 1 any qualified person who is for the time being liable to be called up for national service under this act and who has been served with a notice referred to in subsection 1 of section 13, or any employer of such qualified person, may apply, in the prescribed manner to the central government for a certificate of postponement of liability to be called up for national service on the ground that exceptional hardship would ensue if such qualified person were called up for national service, and may, on that ground apply, in the prescribed manner, for the renewal of the postponement certificate granted to him. 2 where an application for a postponement certificate or for the renewal thereof is made, the central government shall refer the application for decision to the national service hardship committee. 3 no application for the grant of a postponement certificate shall be referred by the central government to the national service hardship committee unless such application is made within sixty days from the date of service of the notice referred to in subsection 1 of section 13: provided that the central government may refer an application for the grant of a postponement certificate to the national service hardship committee made after the expiry of the said period if it is satisfied, having regard to the grounds on which the application is made, that the making thereof has not been unreasonably delayed. 4 the central government may by regulations specify the principles to be applied and the circumstances to which regard is to be or not to be had for the hearing of an application for the grant or renewal of a postponement certificate and as to the period for which the postponement certificate may be granted or renewed. 5 the national service hardship committee may, after consideration of the application for a postponement certificate or renewal thereof, grant or reject the same. 6 the period within which the postponement certificate is in force shall be added to the period during which the person to whom the certificate was granted is liable under this act to be called up for national service and accordingly this act shall in relation to that person have effect as if for reference therein to the age of thirty years, there were substituted, an age being the sum of thirty years and the period during which i the postponement certificate is in force, and ii the enlistment notice was of no effect by reason of the provisions of clause b of subsection 4 of section 14. 7 if any qualified person or an employer makes an application for a postponement certificate on a ground which he knows to be false or does not believe to be true or on a ground which, in the opinion of the national service hardship committee, is frivolous, he shall be liable to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 14. of the national service act : 1 subject to such priorities as may be prescribed, the central government may cause to be served on any qualified person for the time being liable under this act to be called up for national service, who has been found, after an examination of his physical and mental condition, fit for such service, a written notice in the prescribed form in this act referred to as the enlistment notice stating that he is called up for national service in such one of the armed forces of the union or in such other service as may be specified in the enlistment notice and requiring him to present himself at such place and at such time and to such authority, as may be specified in the notice: provided that an enlistment notice under this section shall not require the person upon whom it is served to present himself on a day earlier than the fourteenth day after the date of service of the notice or such earlier day as may be determined at his request. 2 an enlistment notice served on any qualified person shall cease to have effect if, before the day on which he is thereby required to present himself, he ceases to be liable to be called up for national service under this act. 3 the central government may pay to persons required to present themselves in pursuance of an enlistment notice served upon them travelling and other allowances in accordance with such scales as may be prescribed. 4 if on the day specified in the enlistment notice as the day on which the person to whom the notice relates is required to present himself for national service a a postponement certificate relating to him is in force, or b any appeal or application by him for postponement of national service is pending, the enlistment notice served on him shall be of no effect. 5 the enlistment notice shall be served in such manner as may be prescribed.

section 15., and travelling allowances to be paid to persons enlisted for national service. of the national service act : 1 every qualified person who is called up for national service under this act, or who is transferred from one form of national service to another, shall be paid such salary, wages, allowances, pension, disability and death compensations and other benefits as may be prescribed: provided that such payments shall be on scales not less favourable than those admissible to persons of like qualifications, experience and length of service in similar positions under the government. explanation.for the purposes of the foregoing proviso, the length of standing of a qualified person as an engineer or medical practitioner, as the case may be, shall be construed as the length of his service. 2 any qualified person who is called up for national service or transferred from one form of national service, or from one place of employment in the national service, to another, shall be paid travelling allowance for journey to his place of employment under this act at such rate as may be prescribed. 3 a qualified person who, on the date of the service of the enlistment notice on him, is engaged in any employment, or a qualified person who is transferred from one form of national service, or from one place of employment in the national service, to another, shall be paid, for the period of his transit from the place of his former employment to the place of his employment under this act, salary or wages including allowances at the rate fixed by the central government under subsection 1. 4 a qualified person who was in any employment on the date on which he was called up for national service under this act, shall, on his discharge from such service, be paid salary or wages including allowances for the period of his transit from the place of his employment under this act to the place of his former employment at the rate fixed by the central government under subsection 1. 5 a qualified person who is called up for national service under this act shall, on the termination of his national service, be paid travelling expenses at such rate as may be prescribed, for journey to the place of his former employment, or, if he was unemployed when he was first called up for national service under this act, to the place of his residence.

section 21. of the national service act : 1 if, at any time, while a postponement certificate is in force, it appears to the central government that, by reason of any change in the circumstances of the qualified person to whom the certificate was granted or of his employer, where such certificate was granted on the application of such employer, the certificate ought to be revoked or the period for which it was granted or last renewed ought to be shortened, the central government may apply to the national service hardship committee, and that committee may either reject the application or cancel the certificate or vary it by shortening the period. 2 where an application is made under subsection 1, the person to whom the postponement certificate in question was granted, and where such certificate was granted on the application of an employer, such employer, shall be entitled to be heard on the application and the provisions as to appeals contained in section 20 shall apply in relation to the application as if it were an application for the grant of a postponement certificate.

section 16. of the national service act : during his term of national service a qualified person may be required to undergo training for such period as may be prescribed.

section 18. of the national service act : 1 the central government shall constitute a national service hardship committee consisting of a chairman and two other members appointed by it. 2 the chairman of the national service hardship committee shall be a person who is, or has been, or is qualified to be, a judge of a high court. 3 the members of the national service hardship committee shall hold office for a period of three years but shall be eligible for reappointment. 4 the proceedings of the national service hardship committee shall not be invalid by reason of any defect in the constitution of, or any vacancy in, such committee. 5 any vacancy in the national service hardship committee shall be filled by the central government in such manner as it may think fit. 6 the central government may constitute regional national service hardship committees for such regions as it may think fit and on such constitution such regional national service hardship committees shall have all the powers, functions and privileges of the national service hardship committee and shall be subject to the same provisions as are applicable to that committee. 7 the national service hardship committee shall have power to regulate its own procedure with regard to any investigation under this act and shall have for the purposes of such investigation the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents producible as evidence c receiving evidence on oath d issuing commissions for the examination of witnesses or documents e such other matters as may be prescribed.

section 23. of the national service act : 1 in this section, a former employee means a qualified person who was released by an employer for employment in national service b former employer means the employer by whom a former employee was employed in an establishment immediately before the enlistment of such employee for national service c former employment means the employment in which the former employee was employed immediately before his enlistment for national service. 2 a a former employee may, on the termination of his national service, make an application in such manner and within such period as may be prescribed to his former employer for reinstatement in his former employment. b on receipt of an application referred to in clause a, the former employer shall be under an obligation unless the employment of the former employee in the national service was terminated by dismissal for misconduct to reinstate such employee before the expiry of a period of fifteen days from the date of receipt of such application. 3 a if, on receipt of an application referred to in subsection 2, the former employer refuses to reinstate the applicant on the ground that his circumstances have so changed as to make it impossible or unreasonable for him to do so, or denies his liability to reinstate such former employee, or represents that the reinstatement by him of the former employee is impracticable, he shall, before the expiry of a period of fifteen days from the date of receipt of such application, make an application to the national service hardship committee for relieving him from the obligation referred to in subsection 2. b a former employee, who is not reinstated in his former employment within fifteen days from the date of delivery of the application made under subsection 2, may, within a further period of fifteen days computed from the date on which the firstmentioned period of fifteen days expires, represent to the national service hardship committee that his former employer has not discharged the obligation imposed on him by subsection 2. c on receipt of the application referred to in clause a or the representation referred to in clause b, the national service hardship committee shall, after considering all matters placed before it and after making such inquiry in the matter as it may think fit, make an order i relieving the former employer from the obligation referred to in subsection 2, or ii requiring the former employer to reinstate the former employee in his former employment, or iii requiring the former employer to pay to the former employee by way of compensation, for failure or inability to reinstate him, a sum not exceeding an amount equal to six months remuneration at the rate at which remuneration was last payable by the former employer to the former employee. d where the national service hardship committee has directed the reinstatement of any person in his former employment, the former employer shall be under an obligation to pay to such person salary and allowances at the rates specified by the national service hardship committee from the date of receipt of the application referred to in subsection 2. 4 a a former employer, who has refused to reinstate his former employee on any of the grounds specified in subsection 3 and who has omitted or failed, without any reasonable excuse, to make an application to the national service hardship committee within the time specified in subsection 3, shall be punished, without any prejudice to the provisions of clause b of this subsection, with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. b if any former employer fails to obey any order made by the national service hardship committee under subsection 3, he shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both, and the court by which such former employer is convicted under this subsection shall order him to pay to the person whom he has failed to reemploy, a sum not exceeding an amount equal to six months remuneration at the rate at which his last remuneration was payable to him by the former employer and any amount so required to be paid shall be recoverable as if it were a fine imposed by such court. 5 where in pursuance of the provisions of subsection 2 a former employer reinstates his former employee and thereafter terminates the employment of such former employee at any time within a period of six months from the date of such reinstatement, the former employer shall, notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the former employee, at the time of terminating his employment as aforesaid, a sum equal to the remuneration which the former employee would have earned under the terms and conditions of his reemployment for the unexpired portion of the said period of six months: provided that a former employer shall not be liable to make such payment as aforesaid where the employment of the former employee is terminated for the reason that the former employee has been guilty of gross insubordination, habitual absence from work or any serious misconduct or has been convicted of any offence: provided further that a former employee whose employment is terminated within the said period for any such reason as aforesaid may refer the matter to the national service hardship committee and that committee shall, after due consideration, decide whether or not the employer is liable as aforesaid under this subsection and any such decision shall be final and binding on the parties. explanation.any sum required to be paid under this subsection shall be in addition to the amount, if any, which the employer may, under the conditions of employment be liable to pay in respect of the termination of the employment of the former employee without notice. 6 no change in the name, constitution or character of the former employer shall affect the right of reinstatement of a former employee who has been released from employment in national service. 7 a the occupation in which and the terms and conditions under which a qualified person may be reinstated after completion of national service shall not be less favourable to him than those which would have been applicable to him had his employment not been interrupted by reason of his being called up for national service. b in determining the terms and conditions of reinstatement of the former employee, regard shall be had to the additional skill and experience acquired by such employee in the course of his employment in the national service.

section 17. of the national service act : 1 every qualified person enlisted under this act shall be entitled to receive his discharge from national service on the expiration of the period for which he was enlisted and such person may, prior to the expiration of that period, be discharged from national service by such authority and subject to such conditions as may be prescribed. 2 a person receiving discharge under this section shall be given a certificate in such form as may be prescribed certifying that he has been discharged from national service. 3 a person who has received discharge under this section shall not be required to render national service after such discharge: provided that a person who has received discharge under this section before he has completed four years of national service, shall, unless he has ceased to be liable to be called up for national service under this act, be liable to be called up for national service under this act for such term as will, together with the period of national service rendered by him, be equivalent to four years.

section 20. of the national service act : 1 subject to the provisions of subsection 2, an appeal shall lie against the decision of the national service hardship committee to the high court exercising jurisdiction in relation to the territory in which the applicant for the postponement certificate voluntarily resides, carries on business or personally works for gain. 2 no appeal referred to in subsection 1 shall lie unless i it is preferred within thirty days from the date of the decision of the national service hardship committee, and ii the national service hardship committee certifies that the case involves a substantial question of law. 3 where the national service hardship committee has refused to give a certificate referred to in subsection 2, the high court may, if it is satisfied that the case involves a substantial question of law, grant special leave to appeal against the decision of the national service hardship committee. 4 the high court may, after hearing the appeal, confirm, modify or reverse the decision of the national service hardship committee.

section 22. of the national service act : 1 the central government may, if it is satisfied at any time that by reason of the gravity of the situation it is necessary so to do, by order a cancel, either generally or in relation to a specified class of qualified persons, all postponement certificates in force at the date of the order, and b abrogate, either generally or in relation to a specified class of qualified persons, any right to apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such a certificate, and may, by order, vary or revoke any order in force under this section, without prejudice however to the previous effect of that order. 2 where, on the day on which an order comes into force under this section abrogating any right to appeal from the refusal to grant a postponement certificate, an appeal preferred by a person to whom the order applies or the time for preferring such appeal by such person has not expired, the appeal shall be deemed to be dismissed or the time shall be deemed to expire on the expiry of that day.

section 27. of the national service act : 1 where any provision of this act or of any order made thereunder is contravened by a company, every person who at the time the contravention was made was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any such offence has been committed and it is proved that the offence has been committed with the consent or connivance, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 24. of the national service act : while any qualified person, required to render national service under this act, has any rights under any provident fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in national service and if he is reinstated, until such reinstatement under the provisions of this act, to have in respect of such fund or scheme such rights as may be prescribed.

section 30. of the national service act : notwithstanding anything contained in the presidency towns insolvency act, 3 of , the provincial insolvency act, 5 of , the companies act, 1 of , or the partnership act, 9 of , any compensation payable under this act shall have priority over all other unsecured debts.

section 31. of the national service act : notwithstanding anything contained in the code of criminal procedure, 5 of , every offence punishable under this act shall be tried summarily.

section 25. of the national service act : 1 if any qualified person a on whom an enlistment notice has been served under this act in respect of whom no postponement certificate is in force or no application or appeal for postponement of national service is pending, fails or omits to render the service which he is required by such notice to render, or b having commenced to render national service, leaves that service without obtaining a discharge under section 17, he shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees. 2 any person who a in giving any information for the purposes of this act, knowingly or recklessly makes a statement which is false in material particulars or which he does not believe to be true, or b i with the intention of deceiving, forges or uses or lends or allows to be used for any person any certificate issued under this act, or ii makes, or has in his possession, any document so closely resembling any certificate so issued as to be calculated to deceive, shall be punished with imprisonment for a term not exceeding three years, or with fine not exceeding one thousand rupees, or with both.

section 32. of the national service act : no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 26. of the national service act : any qualified person who contravenes any provision of this act for the contravention of which no penalty is separately specified in this act, shall be punished with fine which may extend to five hundred rupees: provided that in any proceedings for an offence punishable under this section, it shall be a defence for the accused to prove that he was prevented from complying with the provisions of this act by circumstances beyond his control.

section 28. of the national service act : it shall be the duty of every university or other persons having the management of any university, school or other educational institution, to give to the central government, at its request, such information in their possession, or reasonably available to them, about persons receiving, or who have received education in engineering, technology, medical sciences or surgery as the central government may, by notification, specify in this behalf.

section 34. of the national service act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order, not inconsistent with the provisions of this act as may appear to it to be necessary for the purpose or removing the difficulty: provided that no order shall be made under this subsection after the expiry of a period of two years from the commencement of this act. 2 every order made under subsection 1 shall be laid before both houses of parliament as soon as may be after it is made and the provisions of section 38 shall apply to such order as if it were a rule made under this act.

section 29. of the national service act : it shall be the duty of every district magistrate to give to the state government such information in his possession about qualified persons within the local limits of his jurisdiction as may be prescribed, and it shall be the duty of every state government to give to the central government all information in its possession about qualified persons in the state.

section 33. of the national service act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder. 2 no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder.

section 38. of the national service act : every rule and every regulation made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification to the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 35. of the national service act : the central government may, by notification, direct that all or any of the powers which may be exercised by it under this act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any state government or any other authority owned or controlled by the central government.

section 37. of the national service act : the central government may make regulations not inconsistent with this act, to provide for all or any of the following matters, namely: a enabling or requiring a qualified person to be transferred to any branch of the armed forces of the union or to any other branch of national service b examination of physical and mental fitness of qualified persons subject to registration under this act c determination of the categories in which qualified persons whose physical and mental fitness has been examined shall be placed by reference to their physical or mental conditions or both d specification of the principles to be applied and the circumstances to be considered while hearing an application for the grant or renewal of a postponement certificate e specification of the period for which a postponement certificate may be granted or renewed f any other matter for which regulations are required to be, or may be, made under this act.

section 36. of the national service act : 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the principles governing the calling up of persons for national service b the form and contents of the national service register c the form in which the certificate of registration is to be issued d the manner of notification of preference for any branch of the armed forces of the union e the manner of notification of change of name or address of, or acquisition of academic or professional qualification or distinctions by, a qualified person registered under this act f the circumstances under which fresh certificates of registration in place of certificates which have been lost, destroyed or defaced may be issued g the form and contents of the notice for examination of physical and mental fitness h the scale in accordance with which travelling and other allowances may be paid to medical or other authority or specialist or to any qualified person undergoing any examination of physical and mental fitness and the scale according to which compensation may be paid for loss of remunerative time i the priorities in accordance with which qualified persons may be enlisted for national service j the form and contents of the enlistment notice and the manner of service thereof k the scales of salary, wages, allowances, pensions, disability and death compensations and other financial benefits admissible to those performing national service l the scales of travelling allowances required to be paid under this act m the authority by which and conditions subject to which prior discharge from national service may be made n the form of discharge certificate o the manner of application for a certificate of postponement of liability to be called up for national service or for renewal thereof and the time within which such application for renewal should be made p the conditions of reinstatement of persons released from employment in the national service and matters connected therewith q further inquiry which may be made by the national service hardship committee where reinstatement of qualified persons released from employment in the national service is refused or denied or where such reinstatement is represented to be impracticable r the preservation of rights of provident fund, etc., of qualified persons rendering national service s the information relating to qualified persons which every district magistrate shall furnish to the state government t any other matter which is required to be, or may be prescribed under this act. 3 any rule made under this act may provide that a contravention of the rule shall be punished with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.

section 7. of the child and adolescent labour prohibition and regulation act : 1 no 1adolescent shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. 2 the period of work on each day shall be so fixed that no period shall exceed three hours and that no 1adolescent shall work for more than three hours before he has had an interval for rest for at least one hour. 3 the period of work of a 1adolescent shall be so arranged that inclusive of his interval for rest, under subsection 2, it shall not be spread over more than six hours, including the time spent in waiting for work on any day. 4 no 1adolescent shall be permitted or required to work between 7 p. m and 8 a.m. 5 no 1adolescent shall be required or permitted to work overtime. 6 no 1adolescent shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. 1. subs. by s. 11, ibid., for child w.e.f. .

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

section 1. of the child and adolescent labour prohibition and regulation act : show related subordinates 11. short title, extent and commencement.1 this act may be called 2the child and adolescent labour prohibition and regulation act, . 2 it extends to the whole of india. 3 the provisions of this act, other than part iii, shall come into force at once, and part iii shall come into force on such date3 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states and for different classes of establishments. 1. subs. by act 35 of , s. 2, for the long title w.e.f. . 2. subs. by s. 4, ibid., for the child labour prohibition and regulation act, 61 of w.e.f. . 3. 26th may, , vide notification no. s.o. 333e, dated 26th march, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the child and adolescent labour prohibition and regulation act : 13. prohibition of employment of children in any occupations and processes.1 no child shall be employed or permitted to work in any occupation or process. 2 nothing in subsection 1 shall apply where the child, a helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the schedule, after his school hours or during vacations b works as an artist in an audiovisual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safely measures, as may be prescribed: provided that no such work under this clause shall effect the school education of the child. explanation.for the purposes of this section, the expression, a family in relation to a child, means his mother, father, brother, sister and fathers sister and brother and mothers sister and brother b family enterprises means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons c artist means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause b of subsection 2. 1. subs. by act 35 of , s. 5, for section 3 w.e.f. .

section 6. of the child and adolescent labour prohibition and regulation act : 16. application of part.the provisions of this part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in 2section 3a is carried on. 1. subs. by act 35 of , s. 9, for children w.e.f. . 2. subs. by s. 10, ibid., for section 3 w.e.f. .

section 2. of the child and adolescent labour prohibition and regulation act : in this act, unless the context otherwise requires, 1i adolescent means a person who has completed his fourteenth year of age but has not completed his eighteenth year 2ia appropriate government means, in relation to an establishment under the control of the central government or a railway administration or a major port or a mine or oilfield, the central government, and in all other cases, the state government 3ii child means a person who has not completed his fourteenth year of age or such age as may be specified in the right of children to free and compulsory education act, 35 of , whichever is more iii day means a period of twentyfour hours beginning at midnight iv establishment includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment v family, in relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual vi occupier, in relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop vii port authority means any authority administering a port viii prescribed means prescribed by rules made under section 18 ix week means a period of seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the inspector x workshop means any premises including the precincts thereof wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the factories act, 63 of , for the time being, apply. 1. ins. by s. 4, act 35 of , s. 4 w.e.f . 2. clause i renumbered as clause ia thereof by s. 4, ibid. w.e.f. . 3. subs. by s. 4, ibid., for clause ii w.e.f. .

section 8. of the child and adolescent labour prohibition and regulation act : every1adolescent employed in an establishment shall be allowed in each week, a holiday of one whole day, which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. 1. subs. by s. 12, ibid., for child w.e.f. .

section 9. of the child and adolescent labour prohibition and regulation act : 1 every occupier in relation to an establishment in which a 1adolescent was employed or permitted to work immediately before the date of commencement of this act in relation to such establishment shall, within a period of thirty days from such commencement, send to the inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely: a the name and situation of the establishment b the name of the person in actual management of the establishment c the address to which communications relating to the establishment should be sent and d the nature of the occupation or process carried on in the establishment. 2 every occupier, in relation to an establishment, who employs, or permits to work, any 1adolescent after the date of commencement of this act in relation to such establishment, shall, within a period of thirty days from the date of such employment, send to the inspector within whose local limits the establishment is situated, a written notice containing the particulars as are mentioned in subsection 1. explanation.for the purposes of subsections 1 and 2, date of commencement of this act, in relation to an establishment means the date of bringing into force of this act in relation to such establishment. 3 nothing in sections 7, 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, government. 1. subs. by s. 13, ibid., for child w.e.f. .

section 10. of the child and adolescent labour prohibition and regulation act : if any question arises between an inspector and an occupier as to the age of any 1adolescent who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such 1adolescent granted by the prescribed medical authority, be referred by the inspector for decision to the prescribed medical authority. 1. subs. by act 35 of , s. 14, for child w.e.f .

section 4. of the child and adolescent labour prohibition and regulation act : the central government, after giving by notification in the official gazette, not less than three months notice of its intention so to do, may, by like notification, 1add to, or, omit from, the schedule any hazardous occupation or process and thereupon the schedule shall be deemed to have been amended accordingly. 1. subs. by s. 7, ibid., for add any occupation or process to the schedule w.e.f. .

section 3a. of the child and adolescent labour prohibition and regulation act : 13a. prohibition of employment of adolescents in certain hazardous occupations and process.no adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the schedule: provided that the central government may, by notification, specify the nature of the nonhazardous work to which an adolescent may be permitted to work under this act. 1. ins. by s. 6, ibid. w.e.f .

section 5. of the child and adolescent labour prohibition and regulation act : 5. 1technical advisory committee.1 the central government may, by notification in the official gazette, constitute an advisory committee to be called the 1technical advisory committee hereafter in this section referred to as the committee to advise the central government for the purpose of addition of occupations and processes to the schedule. 2 the committee shall consist of a chairman and such other members not exceeding ten, as may be appointed by the central government. 3 the committee shall meet as often as it may consider necessary and shall have power to regulate its own procedure. 4 the committee may, if it deems it necessary so to do, constitute one or more subcommittees and may appoint to any such subcommittee, whether generally or for the consideration of any particular matter, any person who is not a member of the committee. 5 the term of office of, the manner of filling casual vacancies in the office of, and the allowances, if any, payable to, the chairman and other members of the committee, and the conditions and restrictions subject to which the committee may appoint any person who is not a member of the committee as a member of any of its subcommittees shall be such as may be prescribed. 1. subs. by s. 8, ibid., for child labour technical advisory committee w.e.f. .

section 11. of the child and adolescent labour prohibition and regulation act : there shall be maintained by every occupier in respect of 1adolescent employed or permitted to work in any establishment, a register to be available for inspection by an inspector at all times during working hours or when work is being carried on in any such establishment, showing a the name and date of birth of every 2adolescent so employed or permitted to work b hours and periods of work of any such 2adolescent and the intervals of rest to which he is entitled c the nature of work of any such 2adolescent and d such other particulars as may be prescribed. 1. subs. by s. 15, ibid., for children w.e.f . 2. subs. by s. 15, ibid., for child w.e.f. .

section 12. of the child and adolescent labour prohibition and regulation act : 12. display of notice containing abstract of 1sections 3a and 14.every railway administration, every port authority and every occupier shall cause to be displayed in a conspicuous and accessible place at every station on its railway or within the limits of a port or at the place of work, as the case may be, a notice in the local language and in the english language containing an abstract of 1sections 3a and 14. 1. subs. by s. 16, ibid., for section 3 and 14 w.e.f. .

section 13. of the child and adolescent labour prohibition and regulation act : 1 the appropriate government may, by notification in the official gazette, make rules for the health and safety of the 1adolescent employed or permitted to work in any establishment or class of establishments. 2 without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely: a cleanliness in the place of work and its freedom from nuisance b disposal of wastes and effluents c ventilation and temperature d dust and fume e artificial humidification f lighting g drinking water h latrine and urinals i spittoons j fencing of machinery k work at or near machinery in motion l employment of 2adolescent on dangerous machines m instructions, training and supervision in relation to employment of 2adolescent on dangerous machines n device for cutting off power o selfacting machines p easing of new machinery q floor, stairs and means of access r pits, sumps, openings in floors, etc. s excessive weights t protection of eyes u explosive or inflammable dust, gas, etc. v precautions in case of fire w maintenance of buildings and x safety of buildings and machinery. 1. subs. by s. 17, ibid., for children w.e.f. . 2. subs. by act 35 of , s. 17, for children w.e.f. .

section 14. of the child and adolescent labour prohibition and regulation act : 11 whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. 1a whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3a shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3a. 1b notwithstanding anything contained in subsections 1 and 1a the parents or guardians of any child or adolescent referred to in section 3 or section 3a, shall not be liable for punishment, in case of the first offence. 22 whoever, having been convicted of an offence under section 3 or section 3a commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years. 2a notwithstanding anything contained in subsection 2, the parents or guardian having been convicted of an offence under section 3 or section 3a, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees. 3 whoever 3 d fails to comply with or contravenes any other provisions of this act or the rules made thereunder, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both. 1. subs. by s. 18, ibid., for subsection 1 w.e.f. . 2. subs. by s. 18, ibid., for subsection 2 w.e.f. . 3. clauses a, b and c omitted by s. 18, ibid. w.e.f. .

section 16. of the child and adolescent labour prohibition and regulation act : 1 any person, police officer or inspector may file a complaint of the commission of an offence under this act in any court of competent jurisdiction. 2 every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this act, be conclusive evidence as to the age of the child to whom it relates. 3 no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence under this act.

section 14a. of the child and adolescent labour prohibition and regulation act : 114a. offences to be congnizable.notwithstanding anything contained in the code of criminal procedure, 2 of , any offence committed by an employer and punishable under section 3 or section 3a shall be cognizable. 1. ins. by act 35 of , s. 19 w.e.f. .

section 14b. of the child and adolescent labour prohibition and regulation act : 114b. child and adolescent labour rehabilitation fund.1 the appropriate government shall constitute a fund in every district or for two or more districts to be called the child and adolescent labour rehabilitation fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited. 2 the appropriate government shall credit an amount of fifteen thousand rupees to the fund for each child or adolescent for whom the fine amount has been credited under subsection 1. 3 the amount credited to the fund under subsections 1 and 2 shall be deposited in such banks or invested in such manner, as the appropriate government may decide. 4 the amount deposited or invested, as the case may be under subsection 3, and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be prescribed. explanation.for the purposes of appropriate government, the central government shall include the administrator or the lieutenant governor of a union territory under article 239a of the constitution. 1. ins. by act 35 of , s. 19 w.e.f. .

section 17. of the child and adolescent labour prohibition and regulation act : the appropriate government may appoint inspectors for the purposes of securing compliance with the provisions of this act and any inspector so appointed shall be deemed to be a public servant within the meaning of the indian penal code 45 of .

section 14c. of the child and adolescent labour prohibition and regulation act : 114c. rehabilitation of rescued child or adolescent.the child or adolescent, who is employed in contravention of the provisions of this act and rescued, shall be rehabilitated in accordance with the laws for the time being in force. 1. ins. by act 35 of , s. 19 w.e.f. .

section 15. of the child and adolescent labour prohibition and regulation act : 1 where any person is found guilty and convicted of contravention of any of the provisions mentioned in subsection 2, he shall be liable to penalties as provided in subsections 1 and 2 of section 14 of this act and not under the acts in which those provisions are contained. 2 the provisions referred to in subsection 1 are the provisions mentioned below: a section 67 of the factories act, 63 of b section 40 of the mines act, 35 of c section 109 of the merchant shipping act, 44 of and d section 21 of the motor transport workers act, 27 of .

section 14d. of the child and adolescent labour prohibition and regulation act : 114d. compounding of offences.1 notwithstanding anything contained in the code of criminal procedure, 2 of , the district magistrate may, on the application of the accused person, compound any offence committed for the first time by him, under subsection 3 of section 14 or any offence committed by an accused person being parent or a guardian, in such manner and on payment of such amount to the appropriate government, as may be prescribed. 2 if the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person in accordance with the provisions of this act. 3 where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. 4 where the composition of any offence is made after the institution of any prosecution, such composition shall be brought in writing, to the notice of the court in which the prosecution is pending and on the approval of the composition of the offence being given, the person against whom the offence is so compounded, shall be discharged. 1. ins. by act 35 of , s. 19 w.e.f. .

section 17a. of the child and adolescent labour prohibition and regulation act : 117a. district magistrate to implement the provisions.the appropriate government may confer such powers and impose such duties on a district magistrate as may be necessary, to ensure that the provisions of this act are properly carried out and the district magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed. 1. ins. by act 35 of , s. 20 w.e.f. .

section 17b. of the child and adolescent labour prohibition and regulation act : 117b. inspection and monitoring.the appropriate government shall make or cause to be made periodic inspection of the places at which the employment of children is prohibited and hazardous occupations or processes are carried out at such intervals as it thinks fit, and monitor the issues, relating to the provisions of this act. 1. ins. by act 35 of , s. 20 w.e.f. .

section 18. of the child and adolescent labour prohibition and regulation act : 1 the appropriate government may, by notification in the official gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the conditions and the safety measures under clause b of subsection 2 and other activities under clause b to explanation of subsection 2 of section 3 2b the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the chairman and members of the 3technical advisory committee and the conditions and restrictions subject to which a nonmember may be appointed to a subcommittee under subsection 5 of section 5 4c number of hours for which a child may be required or permitted to work under subsection 1 of section 7 5d grant of certificates of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which may be made thereunder and the manner in which such certificate may be issued: provided that no charge shall be made for the issue of any such certificate if the application is accompanied by evidence of age deemed satisfactory by the authority concerned 6e the other particulars which a register maintained under section 11 should contain. 7f the manner of payment of amount to the child or adolescent under subsection 4 of section 14b g the manner of composition of the offence and payment of amount to the appropriate government under subsection 1 of section section 14d h the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17a. 1. ins. by s. 21, ibid. w.e.f. . 2. clause a relettered as clause b thereof by s. 21, ibid. w.e.f . 3. subs. by s. 21, ibid., for child labour technical advisory committee w.e.f. . 4. clause b relettered as clause c thereof by s. 21, ibid. w.e.f. . 5. clause c relettered as clause d thereof by s. 21, ibid. w.e.f. . 6. clause d relettered as clause e thereof by s. 21, ibid. w.e.f. . 7. ins. by act 35 of , s. 21 w.e.f. .

section 19. of the child and adolescent labour prohibition and regulation act : 1 every rule made under this act by the central government and every notification issued under section 4, shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 2 every rule made by a state government under this act shall be laid as soon as may be after it is made, before the legislature of that state.

section 20. of the child and adolescent labour prohibition and regulation act : subject to the provisions contained in section 15, the provisions of this act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the factories act, 63 of , the plantations labour act, 69 of and the mines act, 35 of .

section 21. of the child and adolescent labour prohibition and regulation act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removal of the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date on which this act receives the assent of the president. 2 every order made under this section shall, as soon as may be after it is made, be laid before the houses of parliament.

section 22. of the child and adolescent labour prohibition and regulation act : 1 the employment of children act, 26 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the act so repealed shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act.

section 8. of the expendituretax act : 1 every person responsible for collecting the tax shall before the expiry of four months from the 31st day of march in each year, furnish or cause to be furnished to the 1 assessing officer in the prescribed form and verified in the prescribed manner, a return in respect of the immediately preceding financial year showing a the aggregate of the payments received in respect of chargeable expenditure b the amount of the tax collected c the amount of the tax paid to the credit of the central government and d such other particulars as may be prescribed. 2 in the case of any person who, in the opinion of the 1 assessing officer, is responsible for collecting tax under this act and who has not furnished a return under subsection 1, the 1 assessing officer may, before the expiry of the financial year in which the return is to be furnished, issue a notice to him and serve the same upon him, requiring him to furnish within thirty days from the date of service of the notice the return in the prescribed form and verified in the prescribed manner setting forth such other particulars as may be prescribed. 3 any person responsible for collecting the tax who has not furnished the return within the time allowed under subsection 1 or subsection 2, or having furnished a return under subsection 1 or subsection 2 discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 1. of the expendituretax act : 1 this act may be called the expendituretax act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint 1. 1st november, , vide notification no. s.o. 919e, dated 14th october, , see gazette of india, extraordinary, part ii, sec. 3ii. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the expendituretax act : in this act, unless the context otherwise requires, 1 assessee means a person responsible for collecting the expendituretax payable under the provisions of this act 2 assessment year means the period of twelve months commencing on the 1st day of april every year 3 board means the central board of direct taxes constituted under the central boards of revenue act, 54 of 4 chargeable expenditure means the expenditure referred to in section 5 5 expendituretax or tax means the tax chargeable under the provisions of this act 6 hotel includes a building or part of a building where residential accommodation is, by way of business, provided for a monetary consideration 7 incometax act means the incometax act, 43 of 8 person responsible for collecting means a person who is required to collect tax under this act or is required to pay any other sum of money under this act and includes a every person in respect of whom any proceedings under this act have been taken, and b every person who is deemed to be an assesseeindefault under any provision of this act 9 prescribed means prescribed by rules made under this act 1 9a restaurant means any premises, not being a restaurant situated in a hotel referred to in clause 1 of section 3, in which the business of sale of food or drink to the public is carried on and such premises, at the beginning of any month, are equipped with, or have access to, facilities for airconditioning 10 room charges means the charges for a unit of residential accommodation in a hotel and includes the charges for a furniture, airconditioner, refrigerator, radio, music, telephone, television, and b such other services as are normally included by a hotel in room rent, but does not include charges for food, drinks and any services other than those referred to in subclauses a and b 11 all other words and expressions used herein but not defined and defined in the incometax act shall have the meanings respectively assigned to them in that act. 1. ins. by act 49 of , s. 114 w.e.f. .

section 3. of the expendituretax act : 1 3. application of the act.this act shall apply in relation to any chargeable expenditure 1 2 incurred before the 1st day of june, in a hotel wherein the room charges for any unit of residential accommodation at the time of incurring of such expenditure are 3 three thousand rupees or more per day and where, a a composite charge is payable in respect of such unit and food, the room charges included therein shall be determined in the prescribed manner b i a composite charge is payable in respect of such unit, food, drinks and other services, or any of them, and the case is not covered by the provisions of subclause a, or ii it appears to the assessing officer that the charges for such unit, food, drinks or other services are so arranged that the room charges are understated and the other charges are overstated, the assessing officer shall, for the purposes of this clause determine the room charges on such reasonable basis as he may deem fit and 2 incurred in a restaurant 4 before the 1st day of june, . 1. subs. by act 49 of , s. 115, for sections 3 to 5 w.e.f. . 2. subs. by act 32 of , s. 102, for incurred in a hotel w.e.f. . 3. subs. by act 20 of , s. 115, for two thousand rupees or more per day per individual w.e.f. . 4. ins. by act 18 of , s. 105 w.e.f .

section 7. of the expendituretax act : 1 7. collection and recovery of expendituretax.1 where any chargeable expenditure is incurred in a hotel referred to in clause 1 of section 3, a if such expenditure relates to any of the services, specified in subclauses a to d of clause 1 of section 5, provided by the hotel, the person who carries on the business of such hotel and b if such expenditure relates to any of the services, specified in subclause b or subclause d of clause 1 of section 5, provided by the other person referred to therein, such other person, shall collect the expendituretax at the rate specified in clause a of section 4. 2 where any chargeable expenditure is incurred in a restaurant referred to in clause 2 of section 3 2 before the 1st day of june, in relation to any services specified in clause 2 of section 5 and where such services are a provided by the restaurant, the person who carries on the business of such restaurant and b provided by the other person, such other person, shall collect the expendituretax at the rate specified in clause b of section 4. 3 the tax collected during any calendar month in accordance with the provisions of subsections 1 and 2 shall be paid to the credit of the central government by the 10th of the month immediately following the said calendar month. 4 any person responsible for collecting the tax, who fails to collect the tax in accordance with the provisions of subsection 1 or subsection 2 shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of subsection 3. 1. subs. by act 49 of , s. 116, for section 7 w.e.f. . 2. ins. by act 18 of , s. 108 w.e.f. .

section 6. of the expendituretax act : 1 1 every director general of incometax, chief commissioner of incometax, tax, director of incometax, commissioner of incometax, commissioner of incometax appeals 2 additional director of incometax, 3 joint director of incometax, joint commissioner of incometax deputy director of income tax, deputy commissioner of incometax, assistant director incometax, assistant commissioner of incometax, incometax officer, tax recovery officer and inspector of incometax shall have the like powers and perform the like functions under this act as he has and performs under the incometax act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this act shall be the same as he has under the incometax act. 2 all officers and persons employed in the execution of this act shall observe and follow the orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued a so as to require any tax authority to make a particular assessment or to dispose of a particular case in a particular manner or b so as to interfere with the discretion of the 4 chief commissioner or commissioner appeals in the exercise of his appellate functions. 3 every 5 assessing officer employed in the execution of this act shall observe and follow the the orders, instructions and directions issued for his guidance by the 6 director general or director or by the chief commissioner or commissioner or by the 7 additional commissioner of incometax or 8 joint commissioner within whose jurisdiction he performs his functions. 1. subs. by act 26 of , s. 73, for subsection 1 w.e.f. . 2. subs. by act 32 of , s. 58, for deputy director w.e.f. . 3. subs. by act 21 of , s. 82, for additional commissioner of incometax w.e.f. . 4. subs. by act 26 of , s. 72, for commissioner w.e.f. . 5. subs. by, s. 72, ibid., for incometax officer w.e.f. . 6. subs. by act 26 of , s. 73, for director of inspection or by the commissioner w.e.f . 7. subs. by act 32 of , s. 58, for deputy commissioner w.e.f. . 8. subs. by act 21 of , s. 82, for deputy commissioner w.e.f .

section 4. of the expendituretax act : subject to the provisions of this act, there shall be charged on and from a the commencement of this act 1 but not after the 31st day of may, , a tax at the rate of 2 ten per cent. of the chargeable expenditure incurred in a hotel referred to in clause 1 of section 3: provided that nothing in this clause shall apply in the case of a hotel referred to in 3 clause a of subsection 7 of section 80ib of the incometax act during the period beginning on the 1st day of april, and ending on the 31st day of march, : 4 provided further that nothing in this clause shall apply in the case of a hotel referred to in 5 clause a of subsection 7 of section 80ib of the incometax act, 43 of during the period beginning on the 1st day of april, and ending on the 31st day of march, . b the 1st day of october, , 6but not after the 31st day of may, a tax at the rate of fifteen per cent. of the chargeable expenditure incurred in a restaurant referred to in clause 2 of section 3. 1. ins. by act 32 of , s. 103 w.e.f. . 2. subs. by act 32 of , s. 57, for twenty per cent. w.e.f. . 3. subs. by act 27 of , s. 98, for clause ii of subsection 5 of section 80ia w.e.f. . 4. ins. by act 26 of , s. 61 w.e.f. . 5. subs. by 27 of , s. 98, for clause iia or subsection 5 of section 801a w.e.f. . 6. subs. by act 18 of , s. 106, for the commencement of this act w.e.f. .

section 5. of the expendituretax act : for the purposes of this act, chargeable expenditure, 1 in relation to a hotel referred to in clause 1 of section 3, means any expenditure incurred in, or payments made to, the hotel in connection with the provision of a any accommodation, residential or otherwise or 1 c any accommodation in such hotel on hire or lease or 2 but does not include i any expenditure which is incurred, or payment for which is made, in foreign exchange 3before the 1st day of october, ii any expenditure incurred by persons within the purview of the vienna convention on diplomatic relations, or the vienna convention on consular relations, iii any expenditure incurred in any shop or in any office which is not owned or managed by the person who carries on the business of a hotel iv any expenditure by way of any tax, including tax under this act. explanation.for the purposes of this clause, a expenditure incurred or any payments made in indian currency obtained by conversion of foreign exchange into indian currency shall in such cases and in such circumstances as may be prescribed be deemed to have been incurred or, as the case may be, made in foreign exchange and b foreign exchange and indian currency shall have the meanings respectively assigned to them in clauses h and k of section 2 of the foreign exchange regulation act, 46 of 2 in relation to a restaurant referred to in clause 2 of section 3, means any expenditure incurred in, or payments made to, a restaurant in connection with the provision of food or drink by the restaurant, whether at the restaurant or outside, or by any other person in the restaurant, but does not include any expenditure referred to in subclauses ii and iv of clause 1. 1. subclause b omitted by act 20 of , s. 116 w.e.f. . 2. subclause d omitted by s. 116, ibid. w.e.f. . 3. ins. by act 18 of , s. 107 w.e.f. .

section 9. of the expendituretax act : 1 for the purpose of making an assessment under this act, the 1 assessing officer may serve on any person who has furnished a return under section 8 or upon whom a notice has been served under subsection 2 of section 8 whether a return has been furnished or not a notice requiring him on a date therein to be specified, to produce or cause to be produced such accounts or documents or other evidence as the 1 assessing officer may require for the purposes of this act and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require. 2 the 1 assessing officer, after considering such accounts, documents or other evidence, if any, as he has obtained under subsection 1 and after taking into account any relevant material which he has gathered, shall, by an order in writing, assess the chargeable expenditure and the amount of tax payable on the basis of such assessment. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 10. of the expendituretax act : if a any person fails to make the return required by any notice given under subsection 2 of section 8 and has not made a return or a revised return under subsection 3 of that section, or b any person having made a return fails to comply with all the terms of a notice issued under subsection 1 of section 9, or c the 1 assessing officer is not satisfied with the correctness or the completeness of the accounts of the assessee, the 1 assessing officer, after taking into account all the relevant material which he has gathered, shall, by an order in writing, make the assessment of the chargeable expenditure to the best of his judgment and determine the sum payable by the assessee or refundable to the assessee on the basis of such assessment. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 11. of the expendituretax act : if a the1 assessing officer has reason to believe that by reason of omission or failure on the part of the assessee to make a return under section 8 for any assessment year or to disclose wholly and truly all material facts necessary for his assessment for any assessment year, chargeable expenditure for that year has escaped assessment or has been underassessed, or b notwithstanding that there has been no omission or failure as mentioned in clause a on the part of the assessee, the 1 assessing officer has, in consequence of information in his possession, reason to believe that chargeable expenditure assessable in any assessment year has escaped assessment or has been underassessed, he may, in cases falling under clause a, at any time, and in cases falling under clause b, at any time within four years from the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 8 and may proceed to assess or reassess the chargeable expenditure, and the provisions of this act shall, so far as may be, apply, as if the notice was a notice issued under that section. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 13. of the expendituretax act : 1 no order of assessment shall be made under section 9 or section 10 at any time after the expiration of a period of four years from the end of the assessment year in which the chargeable expenditure was first assessable, or one year from the date of the filing of the return or revised return under section 8, whichever is later. 2 no order of assessment or reassessment shall be made under section 11, a where the assessment or reassessment is to be made in a case falling within clause a of section 11 for which a notice has been served upon the assessee, at any time after the expiration of a period of four years from the end of the assessment year in which the said notice was served b where the assessment or reassessment is to be made in a case falling within clause b of section 11, for which a notice has been served, after the expiration of a period of i four years from the end of the assessment year in which the chargeable expenditure was first assessable, or ii one year from the date of service of such notice, whichever is later. 3 notwithstanding anything contained in subsections 1 and 2, an order of fresh assessment in pursuance of an order passed under section 21, section 22 or section 23, setting aside or cancelling an assessment, may be made at any time before the expiry of four years from the end of the financial year in which the order under section 21 is passed by 1 the commissioner, or the order is received by the chief commissioner or commissioner, as the case may be, under section 22 or section 23 shall be substituted. 4 the provisions of subsections 1 and 2 shall not apply to the assessment or reassessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 21, section 22, section 23 2 or any order of the national tax tribunal or of a high court or supreme court in a proceeding by way of reference or appeal under this act or any order of any court in a proceeding otherwise than by way of an appeal or reference under this act and such assessment or reassessment may, subject to the provisions of subsection 3, be completed at any time. explanation.in computing the period of limitation for the purposes of this section, the period during which the assessment proceeding is stayed by an order or injunction of any court shall be excluded. 1. subs. by s. 74, ibid., for the commissioner, or, as the case may be, the order under section 22 or section 23 is received by the commissioner w.e.f. . 2. subs. by act 49 of , s. 30 and the schedule, for or any order of a high court w.e.f. .

section 19. of the expendituretax act : notwithstanding anything contained in the provisions of section 15, section 16, section 17 or section 18, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if he proves that there was reasonable cause for the said failure.

section 12. of the expendituretax act : 1 with a view to rectifying any mistake apparent from the record, the tax authority referred to in section 6 which passed any order under the provisions of this act may, within four years of the date on which such order was passed, amend the order. 2 where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in subsection 1, the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that subsection in relation to any matter other than the matter which has been so considered and decided. 3 subject to the other provisions of this section, the authority concerned a may make an amendment under subsection 1 of its own motion, and b shall make such amendment if any mistake is brought to its notice, i by the assessee or ii where the authority concerned is the 2 chief commissioner or commissioner appeals, by the 1 assessing officer. 4 an amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard. 5 where an amendment is made under this section, an order shall be passed in writing by the tax authority concerned. 6 subject to the other provisions of this act, where any such amendment has the effect of reducing the assessment, the 1 assessing officer shall make any refund which may be due to such assessee. 7 where any such amendment has the effect of enhancing the assessment or reducing the refund already made, the 3 assessing officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be issued under section 20 and the provisions of this act shall apply accordingly. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 2. subs. by s. 72, ibid., for commissioner w.e.f. . 3. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 14. of the expendituretax act : every person responsible for collecting expendituretax and paying it to the credit of the central government in accordance with the provisions of section 7, who fails to credit the tax to the account of the central government within the period specified in that section, shall pay simple interest at the rate of 1 one per cent. for every month or part of a month by which such crediting of tax is delayed. 1. subs. by act 54 of , s. 22, for one and onefourth per cent. w.e.f. .

section 15. of the expendituretax act : 1 15. penalty for failure to collect or pay expendituretax.any person responsible for collecting expendituretax in accordance with the provisions of subsection 1 or subsection 2 of section 7, who a fails to collect such tax or b having collected the tax, fails to pay such tax to the credit of the central government in accordance with the provisions of subsection 3 of that section, shall pay, i in the case referred to in clause a, in addition to paying tax in accordance with the provisions of subsection 4 of that section, by way of penalty, a sum equal to the amount of tax that he failed to collect and ii in the case referred to in clause b, in addition to paying interest in accordance with the provisions of section 14, by way of penalty, a sum which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure continues, so, however, that the penalty under this clause shall not exceed the amount of tax that he failed to pay. 1. subs. by act 49 of , s. 117, for section 15 w.e.f. .

section 16. of the expendituretax act : if a person fails to furnish in due time the return which he is required to furnish under subsection 1 of section 8 or by notice given under subsection 2 of that section, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues.

section 17. of the expendituretax act : if the 1 assesing officer or the 2 chief commissioner or commissioner appeals in the course of any proceedings under this act is satisfied that any person has concealed particulars of chargeable expenditure or has furnished inaccurate particulars of such chargeable expenditure, he may direct that such person shall pay by way of penalty, in addition to any expendituretax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of tax sought to be evaded by reason of concealment of particulars of chargeable expenditure or the furnishing of inaccurate particulars of such chargeable expenditure: provided that if the amount of chargeable expenditure as determined by the 1 assessing officer on assessment in respect of which particulars have been concealed or inaccurate particulars have been furnished exceeds a sum of twentyfive thousand rupees, the 1 assessing officer shall not issue any direction for payment by way of penalty without the previous approval of the 3 additional commissioner or, as the case may be, of the deputy commissioner. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 2. subs. by s. 72, ibid., for commissioner w.e.f. . 3. subs. by act 32 of , s. 59, for deputy commissioner w.e.f. .

section 18. of the expendituretax act : if the 1 assessing officer in the course of any proceedings under this act is satisfied that any person has failed to comply with a notice under subsection 1 of section 9, he may direct that such person shall pay, by way of penalty, in addition to any tax payable by him, a sum which shall not be less than ten per cent. but which shall not exceed fifty per cent. of the amount of the tax, if any, which would have been avoided if the chargeable expenditure returned by such person had been accepted as the correct chargeable expenditure. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 20. of the expendituretax act : when any tax, interest, penalty or any other sum is payable under this act, the 35 assessing officer shall serve upon the assessee a notice of demand in the prescribed form, specifying the sum so payable and the amount of chargeable expenditure in relation to which such sum is payable. 35. subs. by act 26 of , s. 72, for incometax officer w.e.f. .

section 21. of the expendituretax act : 1 the commissioner may, either of his own motion or on application by the assessee for revision, call for the record of a proceeding under this act which has been taken by the 1 assessing officer subordinate to him and may make such enquiry or cause such enquiry to be made and, subject to the provisions of this act, may pass such order thereon as he thinks fit. 2 no order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity of being heard. 3 no order under this section shall be passed by the commissioner, if an appeal against the notice of demand issued by the 2 assessing officer under section 20 is pending before the commissioner appeals. 4 no order under this section shall be passed after the expiry of two years from the end of the financial year in which the order sought to be reviewed has been passed. 3 6 on every application by an assessee for revision under this subsection, made on or after the 1st day of october, , an order shall be passed within one year from the end of the financial year in which such application is made by the assessee for revision. explanation.in computing the period of limitation for the purposes of this subsection, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 24 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded. 7 notwithstanding anything contained in subsection 6, an order in revision under that subsection may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the appellate tribunal, 4 the national tax tribunal, the high court or the supreme court. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 2. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 3. ins. by act 21 of , s. 83 w.e.f. . 4. ins. by act 49 of , s. 30 and the schedule w.e.f. .

section 22. of the expendituretax act : 1 any person objecting to the amount of expendituretax for which he is assessed by the 1 assessing officer, or denying his liability to be assessed under this act, or objecting to an order levying penalty under this act, may appeal to the commissioner appeals. 2 2 every appeal shall be in the prescribed form and shall be verified in the prescribed manner and in respect of appeals filed on or after the 1st day of october, , shall be accompanied by a fee of two hundred and fifty rupees. 3 an appeal shall be presented within thirty days of the receipt of the notice of demand relating to tax, interest or penalty under this act: provided that the commissioner appeals may admit an appeal after the expiration of the said period if he is satisfied that the appellant had sufficient cause for not presenting it within that period. 4 the commissioner appeals shall hear and determine the appeal and, subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty. 3 4a in every appeal, the commissioner appeals, where it is possible, may hear and determine such appeal within a period of one year from the end of the financial year in which such appeal is filed under subsection 1. provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reasonable opportunity of showing cause against such enhancement. 5 the procedure to be adopted in the hearing and determination of the appeals shall, with any necessary modification, be in accordance with the procedure applicable in relation to incometax. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 2. subs. by act 21 of , s. 84, for subsection 2 w.e..f. . 3. subs. by act 27 of , s. 99, for subsection 4 w.e.f. .

section 23. of the expendituretax act : 1 any assessee aggrieved by an order passed by a commissioner under section 21, or an order passed by a commissioner appeals under any provision of this act, may appeal to the appellate tribunal against such order. 2 the commissioner may, if he objects to any order passed by the commissioner appeals under any provision of this act, direct the 1 assessing officer to appeal to the appellate tribunal against the order. 3 every appeal under subsection 1 or subsection 2 shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to the assessee or to the commissioner, as the case may be. 4 the 1 assessing officer or the assessee, as the case may be, on receipt of a notice that an appeal against the order of the commissioner appeals has been preferred under subsection 1 or subsection 2 by the other party may, notwithstanding that he may not have appealed against such order or any part thereof, within thirty days of the receipt of the notice, file a memorandum of crossobjections, verified in the prescribed manner, against any part of the order of the commissioner appeals, and such memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specified in subsection 3. 5 the appellate tribunal may admit an appeal or permit the filing of a memorandum of crossobjections after the expiry of the relevant period referred to in subsection 3 or subsection 4, if it is satisfied that there was sufficient cause for not presenting it within that period. 6 an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in subsection 2 or a memorandum of crossobjections referred to in subsection 4, be accompanied by 2 a fee of one thousand rupees in the case of appeals filed on or after the 1st day of october, . 7 subject to the provisions of this act, in hearing and making an order on any appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and follows in hearing and making an order on any appeal under the incometax act. 1. subs. by act 26 of , s. 72, for incometax officer w.e.f. . 2. subs. by act 21 of , s. 85, for a fee of two hundred rupees w.e.f. .

section 24. of the expendituretax act : the provisions of the following sections and schedules of the incometax act and the incometax certificate proceedings rules, , as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to expendituretax instead of to incometax: 1 244, 118, 120, 129, 131 to 136 both inclusive 138, 2 139a, 140, 144a, 145, 159 to 163 both inclusive, 166, 167, 170, 171, 173 to 179 both inclusive, 187, 188, 3 188a 189, 220 to 227 both inclusive, 229, 4 232, 237 to 245 both inclusive, 254 to 262 both inclusive, 265, 266, 268, 269, 278b, 278c, 278d, 278e, 3 279b, 281, 281b, 282, 283, 284, 287, 288, 288a, 288b, 289 to 293 both inclusive, the second schedule and the third schedule: provided that references in the said provisions and rules to the assessee shall be construed as references to an assessee as defined in this act. 1.subs. by act 26 of , s. 75, for 243b and 44, 118,125,125a,128 to 136 both inclusive w.e.f. . 2. subs. by act 49 of , s. 118, for 140, 144a w.e.f. . 3. ins. by s. 118, ibid. w.e.f. . 4. the figures 231, omitted by act 26 of , s. 75 w.e.f .

section 29. of the expendituretax act : notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under section 25 or section 26 or section 27 or section 28 shall be deemed to be noncognizable within the meaning of that code.

section 26. of the expendituretax act : if a person fails to furnish in due time the return which he is required to furnish under subsection 1 of section 8 or by a notice given under subsection 2 of that section, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.

section 25. of the expendituretax act : if a person wilfuly attempts in any manner whatsoever to evade collection or payment of any tax, penalty or interest chargeable or impossible under this act, or to understate the aggregate of the chargeable expenditure, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. explanation.for the purposes of this section, a wilful attempt to evade collection or payment of any tax, penalty or interest chargeable or imposable under this act shall include a case where any person i has in his possession or control any books of account or other documents being books of account or other documents relevant to any proceeding under this act containing a false entry or statement or ii makes or causes to be made any false entry or statement in such books of account or other documents or iii wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents or iv causes any other circumstances to exist which will have the effect of enabling such person to evade collection or payment of any tax, penalty or interest chargeable or imposable under this act.

section 27. of the expendituretax act : if a person makes a statement in any verification under this act or any rule made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.

section 28. of the expendituretax act : if a person abets or induces in any manner another person to make and deliver an account or a statement or declaration relating to any chargeable expenditure which is false and which he either knows to be false or does not believe to be true or to commit an offence under section 25, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.

section 33. of the expendituretax act : consequential amendments.rep. by repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 30. of the expendituretax act : 1 a person shall not be proceeded against for any offence under section 25 or section 26 or section 27 or section 28, except with the previous sanction of the 1 chief commissioner or commissioner: provided that no such sanction shall be required where the complainant before the court is a commissioner appeals. 2 the 1 chief commissioner or commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 25 or section 26 or section 27 or section 28. 1. subs. by act 26 of , s. 72, for commissioner w.e.f. .

section 32. of the expendituretax act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act.

section 31. of the expendituretax act : 1 the board may, subject to the control of the central government, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the room charges may be determined under 1 subclause a of clause 1 of section 3 in cases where composite charges are payable in respect of residential accommodation and food b the cases and the circumstances in which payments made in indian, currency by conversion of foreign exchange into indian currency shall be deemed to have been made in foreign exchange for the purposes of clause a of the explanation to 2 clause 1 of section 5. c the form in which returns under section 8 may be furnished, the manner in which they may be verified and the other particulars which a form may contain d the form in which a notice of demand may be served on the assessee under subsection 7 of section 12 e the form in which appeals under section 22 or under subsection 6 of section 23 may be filed and the manner in which they may be verified f the manner in which a memorandum of crossobjections under subsection 4 of section 23 may be verified g any other matter which by this act is to be or may be prescribed. 3 the power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospective effect to the rules or any of them from a date not earlier than the date of commencement of this act. 4 the central government shall cause every rule made under this section to be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 49 of , s. 119, for subsection 2 of section 3 w.e.f. . 2. subs. by act 49 of . s. 119, for section 5 w.e.f. .

section 8. of the delhi lands restrictions on transfer act : notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clause a to clause e of subsection 1 of section 17 of the registration act, 16 of , purports to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof referred to in section 4, no registering officer appointed under that act shall register any such document unless the transferor produces before such registering officer a permission in writing of the competent authority for such transfer.

section 1. of the delhi lands restrictions on transfer act : 1 this act may be called the delhi lands restrictions on transfer act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force at once.

section 7. of the delhi lands restrictions on transfer act : where the competent authority has made any order under section 5 refusing to grant permission to transfer any land or where, an appeal having been filed against such order, the prescribed authority has made an order under section 6 confirming such order, then, the order refusing to grant permission to transfer such land shall be in operation only for a period of three years from the date of the order made by the competent authority or the prescribed authority, as the case may be, and thereafter, but subject to the provisions of section 3, it shall be lawful for the person who has applied for permission, or his successorininterest, to transfer such land by sale, mortgage, gift, lease or otherwise. explanation.in computing the period of three years, under this section, in relation to any land, the period during which the acquisition proceedings in relation to such land have been stayed by any court shall be excluded

section 4. of the delhi lands restrictions on transfer act : no person shall, except with the previous permission in writing of the competent authority, transfer or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the union territory of delhi, which is proposed to be acquired in connection with the scheme and in relation to which a declaration to the effect that such land or part thereof is needed for a public purpose having been made by the central government under section 6 of the land acquisition act, 1 of , the central government has not withdrawn from the acquisition under section 48 of that act.

section 3. of the delhi lands restrictions on transfer act : no person shall purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the union territory of delhi, which has been acquired by the central government under the land acquisition act, 1 of , or under any other law providing for acquisition of land for a public purpose.

section 9. of the delhi lands restrictions on transfer act : if any person contravenes the provisions of section 3 or section 4, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

section 2. of the delhi lands restrictions on transfer act : in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution b competent authority means any person or authority authorised by the administrator, by notification in the official gazette, to perform the functions of the competent authority under this act for such areas as may be specified in the notification c development act means the delhi development act, 61 of d prescribed means prescribed by rules made under this act e scheme means the scheme of acquisition of land for the planned development of delhi and includes any scheme, project or work to be implemented in pursuance of the provisions of the delhi master plan as approved by the central government under subsection 2 of section 9 of the development act.

section 11. of the delhi lands restrictions on transfer act : 1 the administrator may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely: a the particulars which an application to be made under subsection 1 of section 5 shall contain b the authority to which an appeal may be filed under subsection 1 of section 6, the form in which such appeal may be filed and the particulars which such appeal shall contain c any other matter which is required to be, or may be, prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the delhi lands restrictions on transfer act : 1 any person aggrieved by an order of the competent authority under section 5 may, within thirty days of the date of receipt of the order by him, file an appeal to the prescribed authority in such form and containing such particulars as may be prescribed. 2 on receipt of an appeal under subsection 1, the prescribed authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible. 3 every order made by the prescribed authority in appeal under this section shall be final.

section 10. of the delhi lands restrictions on transfer act : 1 if the person committing an offence under this act is a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, when an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 5. of the delhi lands restrictions on transfer act : 1 any person desiring to transfer any land referred to in section 4 by sale, mortgage, gift, lease or otherwise may make an application in writing to the competent authority containing such particulars as may be prescribed. 2 on receipt of an application under subsection 1, the competent authority shall, after making such inquiries as it deems fit, may, by order in writing, grant or refuse to grant the permission applied for. 3 the competent authority shall not refuse to grant the permission applied for under this section except on one or more of the following grounds, namely: i that the land is needed or is likely to be needed for the effective implementation of the scheme ii that the land is needed or is likely to be needed for securing the objects of the delhi development authority referred to in section 6 of the development act iii that the land is needed or is likely to be needed for any development within the meaning of clause d of section 2 of the development act or for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools and other educational institutions, hospitals and public open spaces and other categories of public uses. 4 where the competent authority refuses to grant the permission applied for, it shall record in writing the reasons for doing so and a copy of the same shall be communicated to the applicant. 5 where within a period of thirty days of the date of receipt of an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for.

section 8. of the national housing bank act : no person shall be a director of the board, if he a is, or becomes of unsound mind and has been so declared by a competent court or b is or has been convicted of any offence which, in the opinion of the central government, involves moral turpitude or c is, or at any time has been, adjudicated as insolvent or has suspended payment of his debts or has compounded with his creditors or d has, for any reason, been removed or dismissed from the service of i the government, or ii the reserve bank, the state bank or any other bank, or iii any public financial institution, or state financial corporation, or iv any other corporation owned or controlled by the government.

section 1. of the national housing bank act : 1 this act may be called the national housing bank act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 9th july, , vide notification no. s.o. 684e, dated 9th july, , see gazette of india, extraordinary, part ii, sec. 3ii except chapter v and subsection 3 of section 49. 1st june, , vide notification no. s.o. 394e, dated 1st june, , see gazette of india, extraordinary, part ii, sec. 3ii in respect of chapter v and subsection 3 of section 49.

section 7. of the national housing bank act : 1 the chairman and the managing director shall hold office for such term, not exceeding five years and shall receive such salary and allowances and be governed by such terms and conditions of service as the central government may 1 specify and shall be eligible for reappointment: provided that the chairman or, as the case may be, the managing director shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 2 the directors referred to in 2clauses b, c and ca of subsection 1 of section 6 shall hold office for a term of three years: 3 3 the central government may 4 remove the chairman or the managing director, or any other director referred to in subsection 2, at any time before the expiry of his term of office after giving him a reasonable opportunity of showing case against the proposed removal. 4 notwithstanding anything contained in subsections 1 and 3, the central government 4shall have the right to terminate the term of office of the chairman or, as the case may be, the managing director, at any time before the expiry of the term specified under subsection 1, by giving him notice of not less than three months in writing or three months salary and allowances in lieu thereof and the chairman or the managing director, as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under subsection 1, by giving to the central government notice of not less than three months in writing or three months salary and allowances in lieu thereof. 5 the directors shall be paid such fees and allowances as may be prescribed for attending the meetings of the board or of any of its committees and for attending to any other work of the national housing bank: provided that no such fee shall be payable to any director, who is an official of the government or a director of the reserve bank. 1. the words , in consultation with the reserve bank, omitted by s. 167, ibid. w.e.f. . 2. subs. by act 15 of , s. 6, for clauses b and c w.e.f. . 3. the proviso omitted by act 45 of , s. 19 w.e.f. .

section 2. of the national housing bank act : in this act, unless the context otherwise requires, a board means the board of directors of the national housing bank referred to in section 6 b chairman means the chairman of the board appointed under section 6 c director means a director appointed under section 6 d housing finance institution includes every institution, whether incorporated or not, which primarily transacts or has as 1one of its principal objects, the transacting of the business of providing finance for housing, whether directly or indirectly e managing director means the managing director appointed under section 6 f national housing bank means the national housing bank established under section 3 g notification means a notification published in the official gazette h prescribed means prescribed by regulations made under this act i reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of . j words and expressions used herein and not defined but defined in the reserve bank of india act, 2 of , shall have the meanings respectively assigned to them in that act k words and expressions used herein and not defined either in this act or in the reserve bank of india act, 2 of , but defined in the banking regulation act, 10 of , shall have the meanings respectively assigned to them in the banking regulation act, . 1. subs. by act 15 of , s. 2, for its principal object w.e.f. .

section 9. of the national housing bank act : 1 if a director a becomes subject to any of the disqualifications mentioned in section 8 or b is absent without leave of the board for three or more consecutive meetings thereof, his seat shall thereupon become vacant. 2 any director may resign his office by giving notice thereof in writing to the authority that appointed or, as the case may be, nominated him and on his resignation being accepted by such authority or if his resignation is not sooner accepted, on the expiry of three months from the receipt thereof by such appointing authority, he shall be deemed to have vacated his office.

section 3. of the national housing bank act : 1 with effect from such date as the central government may, by notification, appoint, there shall be established for the purposes of this act, a bank to be known as the national housing bank. 2 the national housing bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued. 3 the head office of the national housing bank shall be at 1new delhi or at such other place as the central government may, by notification, specify. 4 the national housing bank may establish offices, branches or agencies at any place in india, and with the previous approval of 2the central government, at any place outside india. 1. subs. by act 13 of , s. 163, for bombay or at such other place as the reserve bank w.e.f. . 2. subs. by s. 163, ibid., for the reserve bank w.e.f. .

section 4. of the national housing bank act : 14. capital.1 the authorised and paidup capital of the national housing bank shall be three hundred and fifty crores of rupees: 2provided that the central government may, by notification, increase the authorised capital up to two thousand crore rupees or such other amount as may be determined by it from time to time. 2 the board may, on such terms and conditions, as determined by it from time to time, issue the increased authorised capital to 3, the central government, scheduled banks, public financial institutions, housing finance institutions or such other institutions, as may be approved by the central government: provided that no increase in the issued capital shall be made in such manner that 3, the central government, public sector banks, public financial institutions or other institutions owned or controlled by the central government, hold in aggregate at any time, less than fiftyone per cent. of the issued capital of the national housing bank. 43 the subscribed capital of one thousand four hundred and fifty crore rupees of the national housing bank, which has been subscribed to by the reserve bank, shall stand transferred to, and vested in the central government upon payment of the face value of the subscribed capital, to the reserve bank from such date as may be notified by the central government. 1. subs. by act 15 of , s. 3, for section 4 w.e.f. . 2. subs. by act 13 of , s. 164, for the proviso w.e.f. . 3. the words the reserve bank, omitted by s. 164, ibid. w.e.f. . 4. ins. by s. 164, ibid. w.e.f. .

section 10. of the national housing bank act : if the chairman, or as the case may be, the managing director, is by infirmity or otherwise rendered incapable of carrying out his duties or is absent on leave or otherwise, in circumstances not involving the vacation of his appointment, the central government may, appoint another person to act in his place during his absence.

section 6. of the national housing bank act : 1 the board of directors of the national housing bank shall consist of the following, namely: a a chairman and a managing director: provided that the same person may be appointed as chairman and as managing director b 1two directors from amongst the experts in the field of housing, architecture, engineering, sociology, finance, law, management and corporate planning or in any other field, special knowledge of which is considered useful to the national housing bank 2c two directors, who shall be persons with experience in the working of institutions involved in providing funds for housing or engaged in housing development or have experience in the working of financial institutions or scheduled banks ca two directors elected in such manner as may be prescribed by shareholders other than 3the central government and other institutions owned or controlled by the central government d 4one director from out of the directors of the reserve bank e three directors from amongst the officials of the central government f two directors from amongst the officials of the state government. 2 the chairman, the managing director and other directors 5excluding the directors referred to in clauses ca and d, shall be appointed by the central government 6the director referred to in clause d shall be nominated by the reserve bank. 1. subs. by act 15 of , s. 5, for three directors w.e.f . 2. subs. by s. 5, ibid., for clause c w.e.f. . 3. the words the reserve bank, omitted by act 13 of , s. 166 w.e.f. . 4. subs. by s. 166, ibid., for two directors w.e.f. . 5. subs. by act 15 of , s. 5, for excluding the directors referred to in clause d w.e.f. . 6. subs. by act 13 of , s. 166, for in consultation with the reserve bank and directors w.e.f. .

section 15. of the national housing bank act : 1 the national housing bank may, for the purpose of carrying out its functions under this act a issue and sell bonds and debentures with or without the guarantee of the central government, in such manner and on such terms as may be prescribed b borrow money from 1the central government, scheduled banks, financial institutions, mutual funds and from any other authority or organisation or institution approved by that government on such terms and conditions as may be agreed upon c accept deposits repayable after the expiry of 2such period and on such terms as may generally or specially be approved by the reserve bank: 3provided that nothing contained in this clause shall apply to deposits accepted under the scheme formulated by the bank in pursuance of clause hh of section 14 d borrow money from the reserve bank 4i by way of loans and advances and generally obtain financial assistance in such manner or on such terms and conditions as may be specified by the reserve bank ii out of the national housing credit long term operations fund established under section 46d of the reserve bank of india act, 2 of or any of the purposes specified in that section e receive for services rendered, such remuneration, commission, commitment charges, consultancy charges, service charges, royalties, premia, licence fees and any other consideration of whatever description f receive gifts, grants, donations or benefactions from government or any other source. 2 the central government may, on a request being made to it by the national housing bank, guarantee the bonds and debentures issued by the national housing bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that government. 1. subs. by act 15 of , s. 8, for the central government w.e.f. . 2. subs. by s. 8, ibid., for a period which shall not be less than twelve months from the date of the making of the deposit w.e.f. . 3. added by act 47 of , s. 5 w.e.f. . 4. subs. by act 15 of , s. 8, for subclause i w.e.f. .

section 11. of the national housing bank act : 1 the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed. 2 the chairman, or, if for any reason he is unable to attend a meeting of the board, the managing director, or, in the event of both the chairman and the managing director being unable to attend a meeting, any other director nominated by the chairman in this behalf and in the absence of such nomination, any director elected by the directors present from among themselves at the meeting, shall preside at the meeting. 3 all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or, in his absence, the person presiding, shall have a second or casting vote.

section 16a. of the national housing bank act : 116a. assistance to borrower when to operate or a charge in the property offered as security. 1 where any person or institution seeks any financial assistance from the national housing bank on the security of any immovable property belonging to him or to that institution or on the security of the property of some other person whose property is offered as a collateral security for such assistance, such person or institution or, as the case may be, such other person may execute a written declaration in the form set out in the third schedule to this act stating therein the particulars of the immovable property which is proposed to be offered as security, or as the case may be, collateral security, for such assistance and agreeing that the dues relating to the assistance, if granted, shall be a charge on such immovable property and, if on receipt of such declaration, the national housing bank grants any financial assistance to the person or institution aforesaid, the dues relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the immovable property so specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid. 2 where any further immovable property is offered by a person or an institution as security for the financial assistance referred to in subsection 1, such person or institution may execute a fresh declaration, as far as may be in the form set out in the third schedule to this act, whereupon the dues relating to such assistance shall, by virtue of the provisions of this section, also be a charge on the property specified in such fresh declaration. 3 a declaration made under subsection 1 or subsection 2 may be varied or revoked at any time by the person or institution as aforesaid, with the prior approval of the national housing bank. 4 every declaration made under subsection 1 or subsection 2 shall be deemed to be a document registrable as an agreement under the provisions of the registration act, 16 of and no such declaration shall have effect unless it is so registered. 1. ins. by act 15 of , s. 9 w.e.f. .

section 12. of the national housing bank act : 1 the board may constitute an executive committee consisting of such number of directors as may be prescribed. 2 the executive committee shall discharge such functions as may be prescribed, or, as may be delegated to it, by the board. 3 the board may constitute such other committees, whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as it thinks fit for such purposes, as it may decide and any committee so constituted shall discharge such functions as may be delegated to it by the board. 4 the executive committee or any other committees constituted under this section shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings, as may be prescribed.

section 13. of the national housing bank act : any director of the board or any member of a committee, who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board or a committee thereof, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and the disclosure shall be recorded in the minutes of the board, or the committee, as the case may be, and the director or member shall not take any part in any deliberation or decision of the board or the committee with respect to that matter.

section 16. of the national housing bank act : 1 notwithstanding anything contained in 5the foreign exchange management act, 42 of or in any other law for the time being in force relating to foreign exchange, the national housing bank may, for the purpose of making loans and advances under this act, borrow in such manner and on such conditions as may be prescribed in consultation with the reserve bank and with the previous approval of the central government, foreign currency from any bank or financial institution in india or elsewhere. 2 the central government may, where necessary, guarantee any loan taken by the national housing bank under subsection 1 or any part thereof as to the repayment of principal and the payment of interest and other incidental charges. 1. subs. by act 13 of , s. 168, for the foreign exchange regulation act, 46 of .

section 14. of the national housing bank act : subject to the provisions of this act, the national housing bank may transact all or any of the following kinds of business, namely: a promoting, establishing, supporting or aiding in the promotion, establishment and support of housing finance institutions 1b making of loans and advances or rendering any other form of financial assistance whatsoever for housing activities to housing finance institutions, scheduled banks, state cooperative agricultural and rural development banks or any other institution or class of institutions as may be notified by the central government ba making of loans and advances for housing or residential townshipcumhousing development or slum clearance projects c subscribing to or purchasing stocks, shares, bonds, debentures and securities of every other description d guaranteeing the financial obligations of housing finance institutions and underwriting the issue of stocks, shares, bonds, debentures and securities of every other description of housing finance institutions e drawing, accepting, discounting or rediscounting, buying or selling and dealing in bills of exchange, promissory notes, bonds, debentures, hundies, coupons and other instruments by whatever name called 2ea buying, selling or otherwise dealing in any loans or advances secured by mortgage or charge of the immovable property relating to scheduled banks or housing finance institutions eb creating one or more trusts and transferring loans or advances together with or without securities therefor to such trusts for consideration ec setting aside loans or advances held by the national housing bank and issuing and selling securities based upon such loans or advances so set aside in the form of debt obligations, trust certificates of beneficial interest or other instruments, by whatever name called, and to act as trustee for the holders of such securities ed setting up of one or more mutual funds for undertaking housing finance activities ee undertaking or participating in housing mortgage insurance 3f promoting, forming, conducting or associating in the promotion, formation or conduct of companies, mortgage banks, subsidiaries, societies, trusts or such other association of persons as it may deem fit for carrying out all or any of its functions under this act g undertaking research and surveys on construction techniques and other studies relating to or connected with shelter, housing and human settlement h formulating one or more schemes, for the purpose of mobilisation of resources and extension of credit for housing 4hh formulating a scheme for the purpose of accepting deposits referred to in clause a of section 2 of the voluntary deposits immunities and exemptions act, 47 of and crediting forty per cent. of the amount of such deposits to a special fund created under section 37 i formulating one or more schemes for the economically weaker sections of society which may be subsidised by the central government or any state government or any other source j organising training programmes, seminars and symposia on matters relating to housing k providing guidelines to the housing finance institutions to ensure their growth on sound lines l providing technical and administrative assistance to housing finance institutions m coordinating with the life insurance corporation of india the unit trust of india, the general insurance corporation of india and other financial institutions, in the discharge of its overall functions n exercising all powers and functions in the performance of duties entrusted to the national housing bank under this act or under any other law for the time being in force o acting as agent of the central government, the state government or the reserve bank or of any authority as may be authorised by the reserve bank p any other kind of business which the central government may, on the recommendation of the reserve bank, authorise q generally, doing of all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its duties under this act. 1. subs. by act 15 of , s. 7, for clause b w.e.f. . 2. ins. by s. 7, ibid. w.e.f . 3. subs. by act 15 of , s. 7, for clause f w.e.f. . 4. ins. by act 47 of , s. 5 w.e.f. .

section 20. of the national housing bank act : notwithstanding anything to the contrary contained in any agreement, the national housing bank may, by notice in writing, require any borrowing 1institution to discharge forthwith in full its liabilities to the national housing bank a if it appears to the board that false or misleading information in any material particular was given in the application for the loan or advance or b if the borrowing 1institution has failed to comply with any of the terms of the agreement with the national housing bank in the matter of the loan or advance or c if there is a reasonable apprehension that the borrowing 1institution is unable to pay its debts or that proceedings for liquidation may be commenced in respect thereof or d if for any reason, it is necessary so to do to protect the interests of the national housing bank. 1. subs. by act 15 of , s. 12, for housing finance institution w.e.f. .

section 16b. of the national housing bank act : 116b. amount and security to be held in trust.1 any sums received by a borrowing institution in repayment or realisation of loans and advances financed or refinanced either wholly or partly by the national housing bank shall, to the extent of the accommodation granted by the national housing bank and remaining outstanding, be deemed to have been received by the borrowing institution in trust for the national housing bank, and shall accordingly be paid by such institution to the national housing bank. 2 where any accommodation has been granted by the national housing bank to a borrowing institution, all securities held, or which may be held, by such borrowing institution on account of any transaction in respect of which such accommodation has been granted, shall be held by such institution in trust for the national housing bank. 1. ins. by act 15 of , s. 9 w.e.f. .

section 17. of the national housing bank act : the rights and interests of the national housing bank including any other rights incidental thereto in relation to any loan or advance made, or any amount recoverable, by it, may be transferred by the national housing bank, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument by endorsement, or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred, and the national housing bank may, notwithstanding such transfer, act as the trustee within the meaning of section 3 of the indian trusts act, 2 of , for the transferee.

section 18. of the national housing bank act : the national housing bank shall have the right to acquire, by transfer or assignment, the rights and interests of any 1institution including any other rights incidental thereto in relation to any loan or advance made, or any amount recoverable by such institution, either in whole or in part, by the execution or issue of any instrument or by the transfer of any instrument or in any other manner in which the rights and interests in relation to such loan or advance may be lawfully transferred. 1. subs. by act 15 of , s. 10, for housing finance institution w.e.f. .

section 19. of the national housing bank act : in entering into any transaction under this chapter with any borrowing 1institution, the national housing bank may impose such conditions as it may think necessary or expedient for protecting the interests of the national housing bank. 1. subs. by s. 12, ibid., for housing finance institution w.e.f. .

section 18a. of the national housing bank act : 118a. exemption from registration. notwithstanding anything contained in subsection 1 of section 17 of the registration act, 16 of , a any instrument in the form of debt obligations or trust certificate of beneficial interest or other instruments, by whatever name called, issued by the national housing bank to securities the loans granted by the housing finance institutions and scheduled banks, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to an undivided interest afforded by a registered instrument, whereby the national housing bank has acquired the rights and interests in relation to such loans and in securities therefor or b any transfer of such instruments referred to in clause a, shall not require compulsory registration. 1. ins. by s. 11, ibid. w.e.f. .

section 18b. of the national housing bank act : 118b. recovery of dues as arrears of land revenue.where any amount is due under an agreement to the national housing bank, whether acting as a trustee or otherwise, in respect of securitisation of loans of housing finance institutions and scheduled banks, the national housing bank may without prejudice to any other mode of recovery make an application to the state government for the recovery of the amount due to it, and if the state government or such authority, as that government may specify in this behalf, is satisfied that any amount is due, it may issue a certificate for the amount to the collector and the collector shall proceed to recover that amount in the same manner as arrears of land revenue. 1. ins. by s. 11, ibid. w.e.f. .

section 21. of the national housing bank act : 1 the national housing bank shall have free access to all such records of any 1institution which seeks to avail of any credit facilities from the national housing bank and to all such records of any person who seeks to avail of any credit facilities from such 1institution, the perusal of which may appear to the national housing bank to be necessary in connection with the providing of finance or other assistance to such 1institution or the refinancing of any loan or advance made to such person by that 1institution. 2 the national housing bank may require any institution or person referred to in subsection 1, to furnish to it copies of any of the records referred to in that subsection and the institution or the person, as the case may be, shall be bound to comply with such requisition. 1. subs. by act 15 of , s. 12, for housing finance institution w.e.f. .

section 27. of the national housing bank act : the national housing bank may provide advisory services to the central and state governments, local authorities and other agencies connected with housing, in respect of a formulation of overall policies aimed at promoting the growth of housing and housing finance institutions b legislation relating to matters having a bearing on shelter, housing and human settlement.

section 22. of the national housing bank act : notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance made by the national housing bank in pursuance of the provisions of this act shall not be called in question merely on the ground of noncompliance with the requirements of such other law or of any resolution, contract, or any instrument regulating the constitution of the borrowing 1institution: provided that nothing in this section shall enable any company or cooperative society to obtain any loan or advance where the instrument relating to the constitution of such company or cooperative society does not empower such company or cooperative society so to do. 1. subs. by act 15 of , s. 12, for housing finance institution w.e.f. .

section 23. of the national housing bank act : the national housing bank shall not make any loan or advance on the security of its own bonds or debentures.

section 24. of the national housing bank act : 1 the national housing bank may at any time and shall, on being directed so to do by the reserve bank, cause an inspection to be made by one or more of its officers of any 1institution to which the national housing bank has made any loan or advance or granted any other financial assistance, and its books, accounts and other documents and the national housing bank shall supply to the 1institution a copy of its report on such inspection. 2 it shall be the duty of every officer, employee or other person or persons incharge of the whole or part of the affairs of the 1institution to produce to any officer making an inspection under subsection 1, all such books, accounts and other documents in his custody or power and to furnish within such time as the said officer may specify, any statements, information relating to the affairs of the 1institution as the said officer may require of him. 1. subs. by act 15 of , s. 12, for housing finance institution w.e.f. .

section 25. of the national housing bank act : 1 the national housing bank may, for the purpose of the efficient discharge of its functions under this act, at any time direct any 1institution to submit to it credit information in such form and within such time as may be specified by the national housing bank from time to time. 2 every 1institution shall, notwithstanding anything to the contrary contained in any law for the time being in force or in any instrument regulating the constitution thereof or in any agreement executed by it, relating to the secrecy of its dealings with its constituents, be bound to comply with any directions issued under subsection 1. 3 the national housing bank may, for the purpose of the efficient discharge of its functions under this act collect from the central and state governments, local authorities, the reserve bank, any bank or such financial or other institutions as the reserve bank may specify in this behalf, credit information or other information. explanation.for the purposes of this section and section 26, credit information means any information relating to i the amount of loans and advances and other credit facilities granted for the purpose of housing ii the nature of security taken for such loans, advances or other credit facilities iii the guarantees furnished and iv any other information which has a bearing on the creditworthiness of the borrower. 1. subs. by act 15 of , s. 12, for housing finance institution w.e.f. .

section 26. of the national housing bank act : the national housing bank, if it considers it in the public interest so to do, may publish any credit information or other information obtained by it under this act, in such consolidated form or in any other form as it thinks fit.

section 29c. of the national housing bank act : 129c. reserve fund. 1 every housing finance institution which is a company shall create a reserve fund and transfer therein a sum not less than twenty per cent. of its net profit every year as disclosed in the profit and loss account and before any dividend is declared. explanation. a housing finance institution creating and maintaining any special reserve in terms of clause viii of subsection 1 of section 36 of the incometax act, 43 of , may take into account any sum transferred by it for the year to such special reserve for the purposes of this subsection. 2 no appropriation of any sum from the reserve fund including any sum in the special reserve which has been taken into account for the purposes of reserve fund in terms of subsection 1, shall be made by such housing finance institution except for the purpose as may be 2specified by the reserve bank from time to time and every such appropriation shall be 3reported to the national housing bank and the reserve bank within twentyone days from the date of such withdrawal: 4provided that the national housing bank or the reserve bank may, in any particular case and for sufficient cause being shown, extend the period of twentyone days by such further period as it thinks fit or condone any delay in making such report. 3 notwithstanding anything contained in subsection 1, the central government may, on the recommendation of 5the reserve bank and having regard to the adequacy of the paidup capital and reserves of a housing finance institution which is a company in relation to its deposit liabilities, declare by order in writing that the provisions of subsection 1 shall not be applicable to such housing finance institution for such period as may be specified in the order: provided that no such order shall be made unless the amount in the reserve fund under subsection 1, together with the amount in the share premium account, is not less than the paidup capital of the housing finance institution. 1. ins. by act 15 of , s. 13 w.e.f. . 2. subs. by act 23 of , s. 156, for specified by the national housing bank w.e.f. . 3. subs. by s. 156, ibid., for reported to the national housing bank w.e.f. . 4. subs. by s. 156, ibid., for provided that the national housing bank w.e.f. . 5. subs. by s. 156, ibid., for the national housing bank w.e.f. .

section 28. of the national housing bank act : in this chapter the term deposit shall have the meaning assigned to it in section 45i of the reserve bank of india act, 2 of .

section 30.reserve bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money of the national housing bank act : 130. reserve bank to regulate or prohibit issue of prospectus or advertisement soliciting deposits of money the reserve bank may, if it considers necessary in the public interest so to do, by general or special order, a regulate or prohibit the issue by any housing finance institution which is a company of any prospectus or advertisement soliciting deposits of money from the public and b specify the conditions subject to which any such prospectus or advertisement, if not prohibited, may be issued. 1. subs. by s. 157, ibid., for section 30 w.e.f. .

section 29a. of the national housing bank act : 129a. requirement of registration and net owned fund. 21 notwithstanding anything contained in this chapter or in any other law for the time being in force, no housing finance institution which is a company shall commence housing finance as its principal business or carry on the business of housing finance as its principal business without a obtaining a certificate of registration issued under this chapter and b having the net owned fund of ten crore rupees or such other higher amount, as the reserve bank may, by notification, specify. 2 every housing finance institution which is a company shall make an application for registration to the reserve bank in such form as may be specified by the reserve bank: provided that an application made by a housing finance institution which is a company to the national housing bank and pending for consideration with the national housing bank as on the date of commencement of the provisions of part vii of chapter vi of the finance no.2 act, , shall stand transferred to the reserve bank and thereupon the application shall be deemed to have been made under the provisions of this subsection and shall be dealt with accordingly: provided further that the provisions of this subsection shall not apply to the housing finance institution which is a company and having a valid registration certificate granted under subsection 5 on the date of commencement of the provisions of part vii of chapter vi of the finance no.2 act, , and such housing finance institution shall be deemed to have been granted a certificate of registration under the provision of this act. 3 4 the 4reserve bank, for the purpose of considering the application for registration, may require to be satisfied by an inspection of the books of such housing finance institution or otherwise that the following conditions are fulfilled: a that housing finance institution is or shall be in a position to pay its present or future depositors in full as and when their claims accrue b that the affairs of the housing finance institution are not being or are not likely to be conducted in a manner detrimental to the interest of its present or future depositors c that the general character of the management or the proposed management of the housing finance institution shall not be prejudicial to the public interest or the interests of its depositors d that the housing finance institution has adequate capital structure and earning prospects e that the public interest shall be served by the grant of certificate of registration to the housing finance institution to commence or to carry on the business in india f that the grant of certificate of registration shall not be prejudicial to the operation and growth of the housing finance sector of the country and g any other condition, fulfilment of which in the opinion of the 4reserve bank, shall be necessary to ensure that the commencement of or carrying on the business in india by a housing finance institution shall not be prejudicial to the public interest or in the interests of the depositors. 5provided that the reserve bank may, wherever it considers necessary so to do, require the national housing bank to inspect the books of such housing finance institution and submit a report to the reserve bank for the purpose of considering the application. 5 the 4reserve bank may, after being satisfied that the conditions specified in subsection 4 are fulfilled, grant a certificate of registration subject to such conditions which it may consider fit to impose. 6 the 4reserve bank may cancel a certificate of registration granted to a housing finance institution under this section if such institution i ceases to carry on the business of a housing finance institution in india or ii has failed to comply with any condition subject to which the certificate of registration had been issued to it or iii at any time fails to fulfil any of the conditions referred to in clauses a to g of subsection 4 or iv fails a to comply with any direction issued by the 6reserve bank or the national housing bank under the provisions of this chapter or b to maintain accounts in accordance with the requirement of any law or any direction or order issued by the 6reserve bank or the national housing bank under the provisions of this chapter or c to submit or offer for inspection its books of account and other relevant documents when so demanded by an inspecting authority of the 6reserve bank or the national housing bank or v has been prohibited from accepting deposit by an order made by the national housing bank under the provisions of this chapter and such order has been in force for a period of not less than three months: provided that before cancelling a certificate of registration on the ground that the 7housing finance institution which is a company has failed to comply with the provisions of clause ii or has failed to fulfil any of the conditions referred to in clauses a to g of subsection 4, the 8reserve bank, unless it is of the opinion that the delay in cancelling the certificate of registration shall be prejudicial to public interest or the interest of the depositors or the 7housing finance institution which is a company, shall give an opportunity to such institution on such terms as the 8reserve bank may specify for taking necessary steps to comply with such provision or fulfilment of such condition: provided further that before making any order of cancellation of certificate of registration, such institution shall be given a reasonable opportunity of being heard. 7 a housing finance institution aggrieved by the order or rejection of application for registration or cancellation of certificate of registration may prefer an appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the central government and the decision of the central government where an appeal has been preferred to it, or of the 8reserve bank where no appeal has been preferred, shall be final: provided that before making any order of rejection of appeal, such institution shall be given a reasonable opportunity of being heard. explanation. for the purposes of this section, i net owned fund means a the aggregate of the paidup equity capital and free reserves as disclosed in the latest balancesheet of the housing finance institution after deducting therefrom i accumulated balance of loss ii deferred revenue expenditure and iii other intangible assets and b further reduced by the amounts representing 1 investments of such institution in shares of i its subsidiaries ii companies in the same group 9iii all other housing finance companies and 2 the book value of debentures, bonds, outstanding loans and advances including hirepurchase and lease finance made to, and deposits with, i subsidiaries of such company and ii companies in the same group, to the extent such amount exceeds ten per cent. of a above 10ii the expressions subsidiaries and companies in the same group shall have the meanings respectively assigned to them in the companies act, 18 of : provided that the national housing bank shall, in consultation with the reserve bank, specify the companies to be deemed to be in the same group. 1. ins. by act 15 of , s. 13 w.e.f. . 2. subs. by act 23 of , s. 154, for subsections 1 and 2 w.e.f. . 3. subsection 3 omitted by act 23 of , s. 154 w.e.f. . 4. subs. by s. 154, ibid., for national housing bank w.e.f. . 5. ins. by s. 154, ibid. w.e.f. . 6. subs. by act 23 of , s. 154, for national housing bank w.e.f. . 7. subs. by act 23 of , s. 154, for housing finance institution w.e.f. . 8. subs. by s. 154, ibid., for national housing bank w.e.f. . 9. subs. by s. 154, ibid., for subitem iii w.e.f. . 10. subs. by s. 154, ibid., for clause ii w.e.f. .

section 32., under this chapter of the national housing bank act : 132. duty of housing finance institutions to furnish statements, etc., under this chapter. every housing finance institution which is a company shall furnish the statements, information or particulars called for by the national housing bank or the reserve bank, as the case may be, and shall comply with any direction given to it under the provisions of this chapter. 1. subs. by s. 160, ibid., for section 32 w.e.f. .

section 29. of the national housing bank act : 1 the provisions of this chapter shall not apply to deposits accepted by a housing finance institution which is a firm or an unincorporated association of individuals. 2 for the removal of doubts, it is hereby declared that the firms and unincorporated associations of individuals referred to in subsection 1 shall continue to be governed by the provisions of chapter iiic of the reserve bank of india act, 2 of .

section 30a. of the national housing bank act : 130a. power of reserve bank to determine policy and issue directions 1 if the reserve bank is satisfied that, in the public interest or to regulate the housing finance system of the country to its advantage or to prevent the affairs of any housing finance institution which is a company being conducted in a manner detrimental to the interest of the depositors or in a manner prejudicial to the interest of such housing finance institutions, it is necessary or expedient so to do, it may determine the policy and give directions to all or any of the housing finance institution which is a company relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balancesheet items and also relating to deployment of funds by a housing finance institution which is a company or a group of such housing finance institutions or housing finance institutions which are companies generally, as the case may be, and such housing finance institutions shall be bound to follow the policy so determined and the direction so issued. 2 without prejudice to the generality of the powers vested under subsection 1, the reserve bank may give directions to housing finance institutions which are companies generally or to a group of such housing finance institutions or to any housing finance institution which is a company in particular as to a the purpose for which advances or other fundbased or nonfundbased accommodation may not be made and b the maximum amount of advances or other financial accommodation or investment in shares and other securities which, having regard to the paidup capital, reserves and deposits of the housing finance institution and other relevant considerations, may be made by that housing finance institution to any person or a company or to a group of companies. 3 the reserve bank may, if it considers necessary in the public interest so to do, issue directions to housing finance institutions which are companies accepting deposits referred to in section 31, either generally or to any group of such housing finance institutions accepting deposits, and in particular, in respect of any matters relating to, or connected with, the receipt of deposits, including credit rating of the housing finance institution which is a company accepting deposits, the rates of interest payable on such deposits, and the periods for which deposits may be received. 4 if any housing finance institution which is a company accepting deposits fails to comply with any direction issued under subsection 3, the reserve bank may, by order, prohibit the acceptance of deposits by that housing finance institution. 1. subs. by s. 158, ibid., for section 30a w.e.f. .

section 29b. of the national housing bank act : 129b. maintenance of percentage of assets. 1 every 2housing finance institution shall invest and continue to invest in india in unencumbered approved securities, valued at a price not exceeding the current market price of such securities, an amount which, at the close of business on any day, shall not be less than five per cent. or such higher percentage not exceeding twentyfive per cent. as the 3reserve bank may, from time to time and by notification, specify, of the deposits outstanding at the close of business on the last working day of the second preceding quarter. 2 every housing finance institution shall maintain in india in an account with a scheduled bank in term deposits or certificate of deposits free of charge or lien or in deposits with the national housing bank or by way of subscription to the bonds issued by the national housing bank, or partly in such account or in such deposit or partly by way of such subscription, a sum which, at the close of business on any day, together with the investment made under subsection 1 shall not be less than ten per cent. or 4such higher percentage not exceeding twentyfive per cent., as the reserve bank may, from time to time and by notification specify, of the deposits outstanding in the books of the housing finance institution at the close of business on the last working day of the second preceding quarter. 3 for the purpose of ensuring compliance with the provisions of this section, the 3reserve bank may require every such housing finance institution to furnish a return to it in such form, in such a manner and for such period as may be specified by the 3reserve bank. 4 if the amount invested by a housing finance institution at the close of business on any day is less than the rate specified under subsection 1 or subsection 2, such housing finance institution shall be liable to pay to the national housing bank, in respect of such shortfall, a penal interest at a rate of three per cent. per annum above the bank rate on such amount by which the amount actually maintained or invested falls short of the specified percentage, and where the shortfall continues in the subsequent quarters, the rate of penal interest shall be five per cent. per annum above the bank rate on such shortfall for each subsequent quarter. 5 a the penal interest payable under subsection 4 shall be payable within a period of fourteen days from the date on which a notice issued by the national housing bank demanding payment of the same is served on the housing finance institution and, in the event of a failure of the housing finance institution to pay the same within such period, may be levied by a direction of the principal civil court having jurisdiction in the area where an office of the defaulting housing finance institution is situated and such direction shall be made only upon and application made in this behalf to the court by the national housing bank and b when the court makes a direction under clause a, it shall issue a certificate specifying the sum payable by the housing finance institution and every such certificate shall be enforceable in the manner as if it were a decree made by the court in a suit. 6 notwithstanding anything contained in this section, if the national housing bank is satisfied that the defaulting housing finance institution had sufficient cause for its failure to comply with the provisions of subsection 1 or subsection 2, it may not demand the payment of the penal interest. explanation. for the purposes of this section, i approved securities means securities of any state government or of the central government and such bonds, both the principal whereof and the interest whereon shall have been fully and unconditionally guaranteed by any such government ii unencumbered approved securities includes the approved securities lodged by the housing finance institution with another institution for an advance or any other arrangement to the extent to which such securities have not been drawn against or availed of or encumbered in any manner iii quarter means the period of three months ending on the last day of march, june, september or december. 1. ins. by act 15 of , s. 13 w.e.f. . 2. subs. by s. 155, ibid., for housing finance institution w.e.f. . 3. subs. by act 23 of , s. 155, for national housing bank w.e.f. . 4. subs. by s. 155, ibid., for such higher percentage not exceeding twentyfive per cent., as the national housing bank may w.e.f. .

section 31. of the national housing bank act : 131. power of national housing bank to collect information from housing finance institutions as to deposits. 1 the national housing bank may at any time direct that every housing finance institution which is a company accepting deposits shall furnish to the national housing bank and the reserve bank in such form, at such intervals and within such time, such statements, information or particulars relating to or connected with deposits received by such housing finance institution, as may be specified by the national housing bank by general or special order. 2 without prejudice to the generality of the power vested in the national housing bank under subsection 1, the statements, information or particulars to be furnished under subsection 1, may relate to all or any of the following matters, namely, the amount of the deposits, the purposes and periods for which, and the rates of interest and other terms and conditions on which, such deposits are received. 3 every housing finance institution which is a company receiving deposits, shall, if so required by the national housing bank and within such time as the national housing bank may specify, cause to be sent at the cost of such housing finance institution, a copy of its annual balancesheet and profit and loss account or other annual accounts to every person from whom the housing finance institution which is a company holds, as on the last day of the year to which the accounts relate, deposits higher than such sum as may be specified by the national housing bank. 1. subs. by act 23 of , s. 159, for section 31 w.e.f. .

section 33. of the national housing bank act : 1 the auditor of every 1housing finance institution which is a company shall enquire whether or not the housing finance institution has furnished to 2the national housing bank and the reserve bank such statements, information or particulars relating to or connected with deposits received by it, as are required to be furnished under this chapter, and the auditor shall, except where he is satisfied on such enquiry that the 3housing finance institution which is a company has furnished such statements, information or particulars, make a report to the national housing bank and the reserve bank giving the aggregate amount of such deposits held by the 1housing finance institution which is a company. 31a the 4reserve bank may, on being satisfied that it is necessary so to do, in the public interest or in the interest of the depositors or for the purpose of proper assessment of the books of account, issue directions to any housing finance institution or any group of housing finance institutions or housing finance companies generally or to the auditors of such housing finance institution or institutions relating to balancesheet, profit and loss account, disclosure of liabilities in the books of account or any matter relating thereto. 2 where, in the case of a housing finance institution, being a company, the auditor has made, or intends to make a report to 5the national housing bank and the reserve bank under subsection 1, he shall include in his report under 6subsection 2 of section 143 of the companies act, 18 of , the contents of the report which he has made, or intends to make, to 5the national housing bank and the reserve bank. 73 where the national housing bank is of the opinion that it is necessary so to do in the public interest or in the interest of the housing finance institution or in the interest of the depositors of such institution, 8it may at any time and shall, on being directed to do so by the reserve bank, by order, direct that a special audit of the accounts of the housing finance institution in relation to any such transaction or class of transactions or for such period or periods, as may be specified in the order, shall be conducted and the national housing bank may appoint an auditor or auditors to conduct such special audit and direct the auditor or the auditors to submit the report to it. 4 the remuneration of the auditors as may be fixed by the national housing bank, having regard to the nature and volume of work involved in the audit and the expenses of or incidental to the audit, shall be borne by the housing finance institution so audited. 1. subs. by s. 161, ibid., for housing finance institution w.e.f. . 2. subs. by s. 161, ibid., for the national housing bank w.e.f. . 3. ins. by act 15 of , s. 16 w.e.f. . 4. subs. by act 23 of , s. 161, for national housing bank w.e.f. . 5. subs. by s. 161, ibid.,for the national housing bank w.e.f. . 6. subs. by act 13 of , s. 170, for subsection 2 of section 227 of the companies act, 1 of w.e.f. . 7. ins. by act 15 of , s. 16 w.e.f. . 8. subs. by act 23 of , s. 161, for it may at any time w.e.f. .

section 35b.power of reserve bank to exempt housing finance institution of the national housing bank act : 135b. power of reserve bank to exempt housing finance institution. 1 the reserve bank, on being satisfied that it is necessary so to do, may declare by notification that all or any of the provisions of this chapter shall not apply to a housing finance institution which is a company or a group of such housing finance institutions either generally or for such period as may be specified, subject to such conditions, limitations or restrictions as it may think fit to impose. 2 every notification made under this section shall be laid, as soon as may be after it is made, before each house of parliament. 1. subs. by s. 167, ibid., for section 35b w.e.f. .

section 33a. of the national housing bank act : 133a. power of reserve bank to prohibit acceptance of deposit and alienation of assets. 1 if any housing finance institution which is a company violates the provisions of any section or fails to comply with any direction or order given by the national housing bank or the reserve bank, under any of the provisions of this chapter, the reserve bank may, by order, prohibit such housing finance institution from accepting any deposit. 2 notwithstanding anything to the contrary contained in any agreement or instrument or any law for the time being in force, the reserve bank on being satisfied that it is necessary so to do in the public interest or in the interest of the depositors, may direct the housing finance institution which is a company, against which an order prohibiting from accepting deposit has been issued, not to sell, transfer, create charge or mortgage or deal in any manner with its property and assets without prior written permission of the national housing bank for such period not exceeding six months from the date of the order. 1. subs. by s. 162, ibid., for section 33a w.e.f. .

section 33b. of the national housing bank act : 133b. power of national housing bank to file winding up petition.1 the national housing bank, on being satisfied that a housing finance institution which is a company, a is unable to pay its debt or b has by virtue of the provisions of section 29a become disqualified to carry on the business of a housing finance institution or c has been prohibited by 2the national housing bank or the reserve bank from receiving deposit by an order and such order has been in force for a period of not less than three months or d the continuance of the housing finance institution is detrimental to the public interest or to the interest of depositors of the company, may file an application for winding up of such housing finance institution under the 3companies act, 18 of . 2 a housing finance institution which is a company shall be deemed to be unable to pay its debt if it has refused or has failed to meet within five working days any lawful demand made at any of its offices or branches and the national housing bank certifies in writing that such company is unable to pay its debt. 3 a copy of every application made by the national housing bank under subsection 1 shall be sent to 3the registrar of companies and the reserve bank. 4 all the provisions of the 3companies act, 18 of relating to winding up of a company shall apply to a winding up proceeding initiated on the application made by the national housing bank under this provision. 1. subs. by s. 162,ibid., for section 33a w.e.f. . 2. subs. by act 23 of , s. 163, for the national housing bank w.e.f. . 3. subs. by act 13 of , s. 171, for companies act, 1 of w.e.f. .

section 36. of the national housing bank act : the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

section 34. of the national housing bank act : 1 the national housing bank may, 1at any timeor on being directed so to do by the reserve bank, shall, cause an inspection to be made by one or more of its officers or employees or other persons hereafter in this section referred to as the inspecting authority of any 2housing finance institution which is a company, for the purpose of verifying the correctness or completeness of any statement, information or particulars furnished to the national housing bank or for the purpose of obtaining any information or particulars which the housing finance institution has failed to furnish on being called upon to do so. 2 it shall be the duty of every director or member of any committee or other body or any person for the time being vested with the management of the whole or part of the affairs of every housing finance institution accepting deposits or other officer or employee thereof to produce to the inspecting authority all such books, accounts and other documents in his custody or power and to furnish that authority with any statement and information relating to the business of the institution as that authority may require of him, within such time as may be specified by that authority. 3 the inspecting authority may examine on oath any director or member of any committee or body or any other person for the time being vested with the management of the affairs of the housing finance institution, accepting deposits, or any officer or employee thereof, in relation to its business. 34 the national housing bank shall submit a copy of the report of inspection referred to in subsection 1 to the reserve bank. 1. subs. by act 23 of , s.164, for at any time w.e.f. . 2. subs. by s. 164, ibid., for housing finance institution accepting deposits w.e.f. . 3. ins. by s. 164, ibid. w.e.f. .

section 35. of the national housing bank act : no person shall solicit on behalf of any 1housing finance institution either by publishing or causing to be published any prospectus or advertisement or in any other manner deposits of money from the public unless a he has been authorised in writing by the said housing finance institution to do so and specifies the name of the institution which has so authorised him and b the prospectus or advertisement complies with any order made by the 1national housing bank under section 30 and with any other provision of law for the time being in force applicable to the publication of such prospectus or advertisement. 1. subs. by s. 165, ibid., for housing finance institution w.e.f. . 2. subs. by s. 165, ibid., for national housing bank w.e.f. .

section 35a. of the national housing bank act : 135a. disclosure of information. 1 any information relating to a 2housing finance institution which is a company, a contained in any statement or return submitted by such institution under the provisions of this chapter or b obtained through audit or inspection or otherwise by 3the national housing bank or the reserve bank, as the case may be, shall be treated as confidential and shall not, except otherwise provided in this section, be disclosed. 2 nothing in this section shall apply to a the disclosure by any 2housing finance institution which is a company, with the previous permission of 3the national housing bank or the reserve bank, as the case may be, of any information furnished to 3the national housing bank or the reserve bank, as the case may be under subsection 1 b the publication by 4the national housing bank or the reserve bank, as the case may be, if it considers necessary in the public interest so to do, of any information collected by it under subsection 1 in such consolidated form as it may think fit without disclosing the name of any 5housing finance institution which is a company or its borrowers c the disclosure by the 5housing finance institution which is a company or by 4the national housing bank or the reserve bank, as the case may be of any such information to any other 5housing finance institution which is a company or in accordance with the practice and usage customary amongst such institutions or as permitted or required under any other law: provided that any such information received by a 5housing finance institution which is a company under this clause shall not be published except in accordance with the practice and usage customary amongst institutions or as permitted or required under any other law. 3 notwithstanding anything contained in this act or in any other law for the time being in force, 3the national housing bank or the reserve bank, as the case may be, if it is satisfied that, in the public interest or in the interest of the depositors or the 4housing finance institution which is a company or to prevent the affairs of any 4housing finance institution which is a company being conducted in a manner detrimental to the interest of the depositors, it is expedient so to do, may, either on its own motion or on being requested, furnish or communicate any information relating to the conduct of business by any 4housing finance institution which is a company to any authority constituted under any law. 4 notwithstanding anything contained in any other law for the time being in force, no court or tribunal or other authority shall compel 3the national housing bank or the reserve bank, as the case may be to produce or to give inspection of any statement or other material obtained by 3the national housing bank or the reserve bank, as the case may be under any provision of this chapter. 1. ins. by act 15 of , s. 18 w.e.f. . 2. subs. by act 23 of , s. 166, for housing finance institution w.e.f. . 3. subs. by s. 166, ibid., for the national housing bank w.e.f. . 4. subs. by act 23 of , s. 166, for the national housing bank w.e.f. . 5. subs. by s. 166, ibid., for housing finance institution w.e.f. .

section 36a. of the national housing bank act : 136a. power to order repayment of deposit.1 every deposit accepted by a housing finance institution which is a company unless renewed, shall be repaid in accordance with the terms and conditions of such deposit. 2 where a housing finance institution which is a company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, such officer of the national housing bank, as may be authorised by the central government for the purpose of this section hereinafter referred to as the authorised officer may, if he is satisfied, either on his own motion or on any application of the depositor, that it is necessary so to do to safeguard the interests of the housing finance institution, the depositors or in the public interest, direct, by order, such housing finance institution to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order: provided that the authorised officer may, before making any order under this subsection, give a reasonable opportunity of being heard to the housing finance institution and the other persons interested in the matter. 1. ins. by act 15 of , s. 19 w.e.f. .

section 36e. of the national housing bank act : 136e. application to the recovery officer.1 where any borrower, who is under a liability to an approved institution under an agreement, makes any default in repayment of any assistance or any instalment thereof or otherwise fails to comply with the terms of said agreement, then, without prejudice to the provisions of section 69 of the transfer of property act, 4 of , the approved institution may apply, to the recovery officer within the limits of whose jurisdiction the borrower actually and voluntarily resides, or carries on business, or personally works for gain, or the cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues. 2 where an approved institution, which has to recover its dues from any borrower, has filed an application to the recovery officer under subsection 1 and the same property is also pledged, mortgaged, hypothecated or assigned to another approved institution or person, the other approved institution or person may join the approved institution at any stage of the proceedings, before the final order is passed, by making an application to that recovery officer. 3 in the application under subsection 1 or subsection 2, the nature and extent of the liability of the borrower to the approved institution or person, the grounds on which it is made shall be stated and it be in such form and be accompanied by such documents or other evidence as may be prescribed. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36b. of the national housing bank act : 136b. nomination by depositors.1 where a deposit is held by a housing finance institution to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of one person to whom in the event of the death of the sole depositor or the death of all the depositors, the amount of deposit may be returned by the housing finance institution. 2 notwithstanding anything contained in any other law for the time being in force, or in any deposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made purports to confer on any person the right to receive the amount of deposit from the housing finance institution, the nominee shall, on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in relation to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of . 3 where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint, in the manner prescribed by rules made by the central government under section 45za of the banking regulation act, 10 of , any person to receive the amount of deposit in the event of his death during the minority of the nominee. 4 payment by a housing finance institution in accordance with the provisions of this section shall constitute a full discharge to the housing finance institution of its liability in respect of the deposit: provided that nothing contained in this subsection shall affect the right or claim which any person may have against the person to whom any payment is made under this section. 5 no notice of the claim of any person, other than the person or persons in whose name a deposit is held by the housing finance institution, shall be receivable by the housing finance institution, nor shall the housing finance institution be bound by any such notice even though expressly given to it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a housing finance institution, the housing finance institution shall take due note of such decree, order, certificate or other authority. 1. ins. by act 15 of , s. 19 w.e.f. .

section 36g. of the national housing bank act : 136g. enforcement of order of recovery officer.1 where the borrower refuses or fails to comply with the order within the time specified therein the recovery officer may, take possession of any property pledged, mortgaged, hypothecated or assigned to the approved institution as security for any assistance in respect of which default has been made and transfer by way of sale, lease or otherwise such property. 2 any transfer by way of sale, lease or otherwise under this section shall be conducted in such manner as may be prescribed. 3 any transfer of property made by the recovery officer, in exercise of its powers under subsection 1, shall vest in the transferee all rights in or to the property transferred, as if the transfer has been made by the owner of the property. 4 where any action has been taken against the borrower under the provisions of subsection 1, all costs, charges, expenses which in the opinion of the recovery officer have been properly incurred by him as incidental thereto, shall be recoverable from the borrower and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges and expenses and secondly, in discharge of debt, due to the approved institution, and the residue of the money so received shall be paid to the person entitled thereto. 5 if the dues of the approved institution, together with all costs, charges and expenses incurred by the recovery officer, are tendered to the approved institution or to the recovery officer at any time before the date fixed for sale or transfer, the property shall not be sold or transferred, and no further steps shall be taken for transfer or sale of that property. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36c. of the national housing bank act : 136c. definitions.in this chapter, unless the context otherwise requires, a appellate tribunal means the appellate tribunal established under section 36i b approved institution means i a housing finance institution which has been granted a certificate of registration under subsection 5 of section 29a ii a scheduled bank iii national housing bank acting as trustee or otherwise in a transaction of securitisation of housing mortgages undertaken by the national housing bank iv such other institutions as the central government may, on the recommendation of the national housing bank, by notification, specify c assistance means any direct or indirect financial assistance granted, by an approved institution during the course of any housing finance activity undertaken by it d borrower means any person to whom any assistance has been given by an approved institution for the purposes of purchase, construction, repairs, extension or renovation of a residential house e dues means any liability which is claimed as due from any person by an approved institution and includes interest, costs, charges and other amount payable in relation thereto f recovery officer means an officer appointed under section 36d. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36f. of the national housing bank act : 136f. procedure in respect of application under section 36e.1 on receipt of an application under section 36e, if the recovery officer is of opinion that the borrower is under a liability to an approved institution under an agreement, or has made default in repayment of the assistance or any instalment thereof or has otherwise failed to comply with the terms of said agreement, he shall cause a written notice of demand in such form as may be prescribed to be served on the borrower, calling upon him to pay the amount specified in the notice within a period of ninety days from the date of service thereof or to show cause as to why the relief prayed for should not be granted. 2 the recovery officer may after giving the applicant and the borrower an opportunity of being heard, pass such interim or final order, including the order for payment of interest from the date on or before which payment of the amount is found due up to the date of realisation or actual payment, on the application as it thinks fit to meet the ends of justice. 3 the recovery officer may also consider and if satisfied, allow any claim of setoff or counterclaim set up by the borrower against the approved institution or person. 4 the recovery officer shall supply a copy of every order passed by it to the approved institution and the borrower. 5 the recovery officer may make an interim order whether by way of injunction or stay or attachment against the borrower to debar him from transferring, alienating or otherwise dealing with or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved institution as security for the dues. 6 the application made to the recovery officer under section 36e shall be dealt with by him as expeditiously as possible and endeavour shall be made by him to dispose of the application finally within six months from the date of receipt of the application. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36d. of the national housing bank act : 136d. appointment of recovery officer.1 the central government may, in consultation with the national housing bank, by notification appoint such persons being the officers of the approved institution, as it may deem fit, to be recovery officers for the purpose of this chapter who shall have such qualifications as the central government may by rules made under this act specify. 2 the local limits within which the recovery officer shall exercise the powers conferred and perform the duties imposed on by or under this chapter shall be such as may be specified by the central government by notification. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36k. of the national housing bank act : 136k. qualifications for appointment as presiding officer of appellate tribunal.a person shall not be qualified for appointment as the presiding officer of an appellate tribunal, unless he a is, or has been, or is qualified to be a district judge b has been a member of the indian legal service and has held a post in grade ii of that service for at least three years. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36h.chief metropolitan magistrate and district magistrate to assist recovery officer in taking charge of property of the national housing bank act : 136h. chief metropolitan magistrate and district magistrate to assist recovery officer in taking charge of property.1 where any property is sold or leased in pursuance of any power conferred by section 36e, the recovery officer may, for the purpose of taking into custody or under control any such property, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such property or other documents relating thereto may be situated or found to take possession thereof, and the chief metropolitan magistrate or as the case may be, the district magistrate shall, on such request being made to him, a take possession of such property and documents relating thereto and b forward them to the recovery officer. 2 for the purpose of securing compliance with the provisions of subsection 1, the chief metropolitan magistrate or the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. 3 no act of the chief metropolitan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authority. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36i. of the national housing bank act : 136i. establishment of appellate tribunal.1 the central government shall, by notification, establish one or more appellate tribunals, to be known as the housing finance institutions debt recovery appellate tribunals, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act. 2 the central government shall also specify in the notification referred to in subsection 1, the areas in relation to which the appellate tribunal may exercise jurisdiction. 3 notwithstanding anything contained in subsections 1 and 2, the central government may authorise the presiding officer of an appellate tribunal to discharge also the functions of the presiding officer of other appellate tribunal. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36j. of the national housing bank act : 136j. composition of appellate tribunal.an appellate tribunal shall consist of one person only hereinafter referred to as the presiding officer of the appellate tribunal to be appointed, by notification, by the central government. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36n. of the national housing bank act : 136n. salaries and allowances and other terms and conditions of service of presiding officers.the salary and allowances payable to and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the presiding officer of an appellate tribunal shall be such as the central government may by rules made under this act specify: provided that neither the salary and allowances nor the other terms and conditions of a presiding officer shall be varied to his disadvantage after appointment. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36l. of the national housing bank act : 136l. term of office.the presiding officer of an appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixtyfive years, whichever is earlier. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36o. of the national housing bank act : 136o. filling up of vacancies.if, for any reason other than temporary absence, any vacancy occurs in the office of the presiding officer of an appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filled. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36m. of the national housing bank act : 136m. staff of appellate tribunal.1 the central government shall provide the appellate tribunal with such officers and other employees as that government may think fit. 2 the officers and other employees of the appellate tribunal shall discharge their functions under the general superintendence of the presiding officer. 3 the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal shall be such as the central government may by rules made under this act specify. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36p. of the national housing bank act : 136p. resignation and removal.1 the presiding officer of an appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: provided that the said presiding officer shall, unless he is permitted by the central government, to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earliest. 2 the presiding officer of an appellate tribunal shall not be removed from his office except by an order made by the central government on the ground of proved misbehaviour or incapacity after enquiry made by a judge of a high court in which the presiding officer concerned has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges. 3 the central government may, by rules made under this act, regulate the procedure for the investigation of misbehaviour or incapacity of the aforesaid presiding officer. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36q. of the national housing bank act : 136q. orders constituting appellate tribunal to be final and not to invalidate its proceedings.no order of the central government appointing any person as the presiding officer of an appellate tribunal shall be called in question in any manner, and no act or proceeding before an appellate tribunal shall be called in question in any manner on the ground merely of any defect in the establishment of an appellate tribunal. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36r. of the national housing bank act : 136r. jurisdiction, powers and authority of appellate tribunal.an appellate tribunal shall exercise the jurisdiction, powers and authority to entertain appeals against any order made or deemed to have been made by the recovery officer under this act. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36s. of the national housing bank act : 136s. appeal to the appellate tribunal.1 any person aggrieved by an order made or deemed to have been made by the recovery officer under this chapter, may prefer an appeal to an appellate tribunal having jurisdiction in the matter. 2 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which a copy of the order made or deemed to have been made by the recovery officer is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 3 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 4 the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned recovery officer. 5 the appeal filed before the appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of the receipt of the appeal. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36t. of the national housing bank act : 136t. deposit of amount due, on filing appeal.where an appeal is preferred by a borrower, such appeal shall not be entertained by the appellate tribunal unless such person has deposited with the appellate tribunal seventyfive per cent. of the amount due from him as determined by the recovery officer: provided that the appellate tribunal may, for the reasons to be recorded in writing, waive or reduce the amount to be deposited under this section. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36u. of the national housing bank act : 136u. procedure and powers of recovery officer and appellate tribunal.1 the recovery officer and the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any regulations, the recovery officer and the appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. 2 the recovery officer and the appellate tribunal shall have, for the purposes of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it ex parte g setting aside any order of dismissal of any application for default or any order passed by it ex parte and h any other matter which may be prescribed. 3 any proceeding before the recovery officer or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code 45 of , and the recovery officer or the appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 15 of , s. 20 w.e.f. .

section 36y. of the national housing bank act : 136y. bar of jurisdiction.no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority except the supreme court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution in relation to the matters specified in this chapter. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36v. of the national housing bank act : 136v. limitation.the provisions of the limitation act, 36 of shall, as far as may be, apply to an application made to recovery officer. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36w. of the national housing bank act : 136w. presiding officer, recovery officer, other officers and employees to be public servant.the presiding officer, other officers and employees of an appellate tribunal and the recovery officer shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by act 15 of , s. 20 w.e.f. .

section 36x. of the national housing bank act : 136x. protection of action taken in good faith.no suit, prosecution or other legal proceedings shall lie against the central government or against the presiding officer of an appellate tribunal or against the recovery officer for anything which is in good faith done or intended to be done in pursuance of the provisions of this act or any rule or regulation or order made thereunder. 1. ins. by act 15 of , s. 20 w.e.f. .

section 36z. of the national housing bank act : 136z. transitional provisions.notwithstanding anything contained in this act, till the establishment of the appellate tribunal under section 36i for any area, the appellate tribunal established under section 8 of the recovery of debts due to banks and financial institutions act, 51 of and which is functioning in that area shall exercise the jurisdiction, powers and authority conferred on the appellate tribunal under this act. 1. ins. by act 15 of , s. 20 w.e.f. .

section 42. of the national housing bank act : the national housing bank shall make an annual report to the central government and the reserve bank on the trend and progress of housing in the country and in that report may make such suggestions as it may think necessary or expedient for the development of housing and the central government shall, as soon as may be after the report is received by it, cause the same to be laid before each house of parliament.

section 37. of the national housing bank act : 1 with effect from such date as 1the central government may specify, the national housing bank shall establish a fund to be called the general fund and all payments by the national housing bank shall be made out of the said general fund. 2 the board may, and shall, if so directed by 1the central government, create a special fund or a reserve fund or such other funds as may be prescribed. 1. subs. by act 13 of , s. 172, for the reserve bank w.e.f. .

section 38., of national housing bank. of the national housing bank act : 1 the balance sheet and accounts of the national housing bank shall be prepared and maintained in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the national housing bank to be balanced and closed as on the thirtieth day of june, each year.

section 43. of the national housing bank act : 1 the national housing bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. 2 the duties and conduct, terms and conditions of service and the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other members of staff of the national housing bank shall be such as may be prescribed. 3 the national housing bank may depute any officer or any member of its staff for such period and on such terms and conditions as it may determine, to any institution including a housing finance institution. 4 nothing contained in this section shall empower the national housing bank to depute any officer or member of its staff to any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled to immediately before such deputation. 5 the national housing bank may 1 receive or take on deputation any officer or other employee from any institution including a housing finance institution for such period and on such terms and conditions as it may think necessary in the interest of the national housing bank. 1. the words, figures and letters , without prejudice to the provisions of section 54aa of the reserve bank of india act, 2 of , omitted by act 13 of , s. 175, w.e.f. .

section 39. of the national housing bank act : after making provision for bad and doubtful debts, depreciation of assets and all other matters for which provision is necessary or expedient or which is usually provided for by bankers, the national housing bank shall transfer i for a period of fifteen years, following the accounting year during which the national housing bank is established, the amount remaining hereafter in this section referred to as surplus such of the funds referred to in section 37 as the reserve bank may specify and ii after the expiry of the said period of fifteen years, the national housing bank shall, after making provision for the funds referred to in section 37, transfer the balance of surplus to 1the central government. 1. subs. by s. 173, ibid., forthe reserve bank w.e.f. .

section 41. of the national housing bank act : the national housing bank shall furnish, from time to time, to the reserve bank such information and returns as the reserve bank may require.

section 40. of the national housing bank act : 1 the accounts of the national housing bank shall be audited by auditors duly qualified to act as auditors under 1subsection 1 of section 141 of the companies act, 18 of , who shall be appointed by the reserve bank, for such term and on such remuneration as the reserve bank may fix. 2 the auditors shall be supplied with a copy of the annual balance sheet of the national housing bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the national housing bank and shall at all reasonable times have access to the books, accounts, vouchers and other documents of the national housing bank. 3 the auditors may, in relation to the accounts of the national housing bank, examine any director of the board or any officer or other employee of the national housing bank and shall be entitled to require from the board or officers or other employees of the national housing bank such information and explanation as they may think necessary for the performance of their duties. 4 the auditors shall make a report to the national housing bank upon the annual balance sheet and accounts examined by them and in every such report, they shall state whether in their opinion the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the national housing bank and in case they had called for any explanation or information from the board or any officer or other employee of the national housing bank, whether it was given and whether it was satisfactory. 5 the national housing bank shall furnish to the central government and the reserve bank within 2four months from the date on which the annual accounts of the national housing bank are closed and balanced, a copy of its balance sheet as on the close of the relevant year together with a copy of the profit and loss account for the year and a copy of the auditors report and a report of the working of the national housing bank during that year, and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament. 6 without prejudice to anything contained in the preceding subsections, the central government may, at any time, appoint the comptroller and auditorgeneral of india to examine and report upon the accounts of the national housing bank and any expenditure incurred by him in connection with such examination and report shall be payable by the national housing bank to the comptroller and auditor general of india. 1. subs. by s. 174,ibid., for subsection 1 of section 226 of the companies act, 1 of w.e.f. . 2. subs. by act 15 of , s. 21, for three months w.e.f. .

section 43a. of the national housing bank act : 143a. delegation of powers. the board may, by general or special order, delegate to an officer or officers of the national housing bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this act as it may deem necessary. 1. ins. by act 15 of . s. 22w.e.f. .

section 44. of the national housing bank act : 1 the 1national housing bank or the reserve bank, as the case may be, shall not, except as otherwise required by this act or any other law, divulge any information relating to, or to the affairs of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the 1national housing bank or the reserve bank, as the case may be, to divulge such information. 2 every director, member of a committee, auditor, adviser, officer or other employee of the national housing bank or of the reserve bank, whose services are utilised by the national housing bank under the provisions of this act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule to this act. 23 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, . 1. subs. by act 23 of , s. 168, for national housing bank w.e.f. . 2. ins. by act 30 of , s. 34 and th e schedule w.e.f. .

section 47a. of the national housing bank act : 147a. nomination in respect of deposits, bonds, etc.1 notwithstanding anything contained in any other law for the lime being in force, where a nomination in respect of any deposit, bonds or other securities is made with the national housing bank in the prescribed manner, the amount due on such deposits, bonds or securities shall, on the death of the depositor or holder thereof, vest in, and be payable to, the nominee subject to any right, title or interest of any other person to such deposits, bonds or securities. 2 any payment made by the national housing bank in accordance with the provisions of subsection 1 shall be a full discharge of its liability in respect of such deposits, bonds or securities. 1. ins. by act 15 of , s. 24 w.e.f. .

section 45a. of the national housing bank act : 145a. arrangement with national housing bank on appointment of directors to prevail.1 where any arrangement entered into by the national housing bank with a housing finance institution which is a company provides for the appointment by the national housing bank of one or more directors of such housing finance institution, such provision and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the 2companies act, 18 of or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to that housing finance institution, or any provision regarding share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the national housing bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the national housing bank and may be removed or substituted by any person by order in writing of the national housing bank b not incur any obligation or liability by reasons only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement. 1. ins. by act 15 of , s. 23 w.e.f. . 2. subs. by act 13 of , s. 176, for companies act, 1 of w.e.f. .

section 45. of the national housing bank act : 1 no act or proceeding of the board or of any committee of the national housing bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may be. 2 no act done by any person acting in good faith as a director of the board or as a member of a committee of the national housing bank shall become invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.

section 46. of the national housing bank act : no suit or other legal proceeding shall lie against the national housing bank or any director or any officer or other employee of 1the national housing bank or the reserve bank or any other person authorised by 1the national housing bank or the reserve bank to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of law. 1. subs. by act 23 of , s. 169, for the national housing bank w.e.f. .

section 47. of the national housing bank act : 1 every director shall be indemnified by the national housing bank against all losses and expenses incurred by him in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. 2 a director shall not be responsible for any other director or for any officer or other employee of the national housing bank or for any loss or expenses resulting to the national housing bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the national housing bank or the insolvency or wrongful act of any debtor or any person under obligation to the national housing bank or of anything done in good faith in the execution of the duties of his office in relation thereto.

section 53. of the national housing bank act : the bankers books evidence act, , shall apply in relation to the national housing bank as if it were a bank as defined in section 2 of that act.

section 48. of the national housing bank act : explanation from tax on income.omitted by the finance act, 14 of , s. 141 w.e.f. .

section 49. of the national housing bank act : 1 whoever in any return, balancesheet, or other document or in any information required or furnished by or under or for the purposes of any provision of this act, wilfully makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. 2 if any person fails to produce any book, account or other document, or to furnish any statement or information which, under the provisions of this act, it is his duty to produce or furnish, he shall be punishable with fine which may extend to two thousand rupees in respect of each offence and in the case of a continuing failure, with an additional fine which may extend to one hundred rupees for every day during which the failure continues after conviction for the first such failure. 12a if any person contravenes the provisions of subsection 1 of section 29a, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees. 2b if any auditor fails to comply with any direction given or order made by 2the national housing bank or the reserve bank under section 33, he shall be punishable with fine which may extend to five thousand rupees. 2c whoever fails to comply with 3any order made by the national company law tribunal under subsection 2 of section 36a, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine of not less than rupees fifty for every day during which such noncompliance continues 3 if any person 1other than an auditor a receives any deposit in contravention of any direction given or order made under chapter v or 1aa fails to comply with any direction given or order made by 2the national housing bank or the reserve bank under any of the provisions of chapter v or b issues any prospectus or advertisement otherwise than in accordance with section 35 or any order made under section 30, as the case may be he shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend, i in the case of a contravention falling under clause a, to twice the amount of the deposit received and ii in the case of a contravention falling under clause b, to twice the amount of the deposit called for by the prospectus or advertisement. 4 if any other provision of this act is contravened or if any default is made in complying with any other requirement of this act or of any order, regulation or direction made or given or condition imposed thereunder, any person guilty of such contravention or default shall be punishable with fine which may extend to two thousand rupees and where a contravention or default is a continuing one, with further fine which may extend to one hundred rupees for every day, after the first, during which the contravention or default continues. 1. ins. by act 15 of , s. 25 w.e.f. . 2. subs. by act 23 of , s. 170, for the national housing bank w.e.f. . 3. subs. by s. 170, ibid., for any order made by the authorised officer w.e.f. .

section 50. of the national housing bank act : 1 where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 51. of the national housing bank act : 1 no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of 1the national housing bank or the reserve bank generally or specially authorised in writing in this behalf by 1the national housing bank or the reserve bank and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or a court superior thereto shall try any such offence. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , a magistrate may, if he sees reason so to do, dispense with the personal attendance of the officer of 1the national housing bank or the reserve bank filing the complaint but the magistrate may in his discretion, at any stage of the proceedings, direct the personal attendance of the complainant. 1. subs. by act 23 of , s. 171, for the national housing bank, w.e.f. .

section 52a. power of national housing bank and reserve bank to impose fine of the national housing bank act : 152a. power of national housing bank and reserve bank to impose fine. 1 notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in the said section is committed by a housing finance institution which is a company, the national housing bank or the reserve bank, as the case may be, may impose on such company a a penalty not exceeding five thousand rupees or b where the contravention or default is under subsection 2a or clause a or clause aa of subsection 3 of that section, a penalty not exceeding five lakh rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more and where such contravention or default is a continuing one, further penalty which may extend to twentyfive thousand rupees for every day, after the first, during which the contravention or default continues. 2 for the purpose of imposing penalty under subsection 1, the national housing bank or the reserve bank, as the case may be, shall serve a notice on the housing finance institution which is a company requiring it to show cause why the amount specified in the notice should not be imposed as a penalty and a reasonable opportunity of being heard shall also be given to such housing finance institution. 3 any penalty imposed by the national housing bank or the reserve bank, as the case may be, under this section shall be payable within a period of thirty days from the date on which notice issued by the national housing bank or the reserve bank, as the case may be, demanding payment of the sum is served on the housing finance institution which is a company and, in the event of failure of such housing finance institution to pay the sum within such period, may be levied on a direction made by the principal civil court having jurisdiction in the area where the registered office or the head office of such housing finance institution is situated: provided that no such direction shall be made, except on an application made by an officer of the national housing bank or the reserve bank, as the case may be, authorised in this behalf, to the principal civil court. 4 the court which makes a direction under subsection 3, shall issue a certificate specifying the sum payable by the housing finance institution which is a company and every such certificate shall be enforceable in the same manner as if it were a decree made by the court in a civil suit. 5 no complaint shall be filed against any housing finance institution which is a company in any court of law pertaining to any contravention or default in respect of which any penalty has been imposed by the national housing bank or the reserve bank, as the case may be, under this section. 6 where any complaint has been filed against a housing finance institution which is a company in a court in respect of contravention or default of the nature referred to in section 49, no proceedings for imposition of penalty against such housing finance institution shall be taken under this section. 1. subs. by act 23 of , s. 172, for section 52a w.e.f. .

section 52. of the national housing bank act : 11 52. application of fine. a court imposing any fine under this act may direct that the fine, if realised shall be applied a firstly in, or towards payment of, the cost of the proceedings, and b secondly for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the court, stand discharged. 1. subs. by act 15 of , s. 26, for section 52 w.e.f. .

section 54. of the national housing bank act : no provision of law relating to the winding up of companies shall apply to the national housing bank and the national housing bank shall not be placed in liquidation save by order of the central government and in such manner as it may direct.

section 57. of the national housing bank act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of three years from the commencement of this act.

section 55. of the national housing bank act : 1 the board may, with the previous approval of 1 the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the fees and allowances that may be paid to the directors for attending the meetings of the board or its committees under subsection 5 of section 7 2aa the manner in which directors shall be elected under clause ca of subsection 1 of section 6 b the times and places at which the board may meet, and the rules of procedure that may be followed in regard to the transaction of business under subsection 1 of section 11 c the number of members that the executive committee may consist, the functions that it may discharge and times and places at which it shall meet and the rules of procedure that it may follow in the transaction of business under section 12 d the manner and terms of issue and redemption of bonds and debentures under clause a of subsection 1 of section 15 e the manner in which and the conditions subject to which the national housing bank may borrow in foreign currency under subsection 1 of section 16 f the form in which the statements, information, etc., is to be furnished under section 32 3fa the form of application to be made under section 36e and the documents to be annexed to such application fb the form in which notice of demand is required to be served on the borrower under subsection 1 of section 36f fc the manner in which the property shall be transferred under subsection 2 of section 36g fd the form in which the appeal can be filed with the appellate tribunal under section 36s and the amount of fee required to be deposited with such appeal g the special fund, reserve fund and other funds to be created under subsection 2 of section 37 h the form and manner in which the balancesheet and accounts shall be prepared and maintained under subsection 1 of section 38 i the duties and conduct, salaries, allowances and conditions of service of the officers and other members of staff of the national housing bank under section 43 j the establishment and maintenance of provident fund and any other fund for the benefit of officers and other members of staff of the national housing bank under section 43 and 3ja the manner in which nomination may be made under subsection 1 of section 47a and k any other matter which is to be, or may be, prescribed. 3 any regulation which may be made by the board under this act may be made 4, in consultation with the central government, before the expiry of three months from the date of establishment of the national housing bank, and any regulation so made may be altered and rescinded by the board in the exercise of its powers under this act. 4 the power to make regulations conferred by this section shall include the power to give retrospective effect to the regulations or any of them from a date not earlier than the date of commencement of this act, but no retrospective effect shall be given to any regulation so as to prejudicially affect the interests of any person to whom such regulation may be applicable. 5 the central government shall cause every 5rules, regulation or scheme made under this act to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the 4rules, regulation or scheme or both houses agree that the 4rules, regulation or scheme should not be made, the 4rules, regulation or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that 4rules, regulation or scheme. 1. the words the reserve bank and in consultation with omitted by act 13 of , s. 177 w.e.f . 2. ins. by act 15 of , s. 28 w.e.f. . 3. ins. by act 15 of , s. 28 w.e.f. . 4. the words by the reserve bank omitted by act 13 of , s. 177 w.e.f. . 5. subs. by act 15 of , s. 28, for regulation or scheme w.e.f. .

section 56. of the national housing bank act : amendment of certain enactments.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 54a. of the national housing bank act : 154a. power to make rules.1 the central government may, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a qualifications for appointment as a recovery officer under subsection 1 of section 36d b the salaries and allowances and other terms and conditions of service of the officers and other employees of the appellate tribunal under subsection 3 of section 36m c the salaries and allowances and other terms and conditions of service of the presiding officers of the appellate tribunal under section 36n and d the procedure for the investigation of misbehaviour or incapacity of the presiding officers of the appellate tribunals under subsection 3 of section 36p. 1. ins. by act 15 of , s. 27 w.e.f. .

section 5. of the national housing bank act : 1 the general superintendence, direction and management of the affairs and business of the national housing bank shall vest in the board of directors, which shall exercise all powers and do all acts and things, which may be exercised or done by the national housing bank. 2 subject to the provisions of this act, the board, in discharging its functions, shall act on business principles with due regard to public interest. 3 subject to the provisions of subsection 1 and save as otherwise provided in the regulations made under this act, 1a the chairman, if he is a wholetime director or if he is holding offices both as the chairman and the managing director, or b the managing director, if the chairman is not if he is wholetime director, or if the chairman being a wholetime director, is absent, shall also have powers of general superintendence, direction and management of the affairs and business of the national housing bank and may also exercise all powers and do all acts and things which may be exercised or done by the national housing bank and shall act on business principles with due regard to public interest. 4 the managing director shall, in the discharge of his powers and functions, follow such directions as the chairman may give. 5 in the discharge of its functions under this act, the national housing bank shall be guided by such directions in matters of policy involving public interest as the central government 2 may give in writing. 1. subs. by act 15 of , s. 4, for clauses a and b w.e.f. . 2. the words , in consultation with the reserve bank, or the reserve bank, omitted by act 13 of , s. 165 w.e.f. 16 .

section 8. of the jute packaging materials compulsory use in packing commodities act : 1 the authorised officer may, if he has reason to believe that any commodity has been packed in contravention of section 5 and is secreted in any place, premises or vehicle, enter into and search such place, premises or vehicle for such commodity. 2 where, as a result of any search made under subsection 1, any commodity packed in contravention of section 5 has been found, the authorised officer may seize such commodity and any other thing which, in his opinion, will be useful for, or relevant to, any proceeding under this act: provided that where it is not practicable to seize any such commodity or thing, the authorised officer may serve on the person an order that he shall not remove, part with, or otherwise deal with, the commodity or thing except with the previous permission of the authorised officer. 3 the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section.

The Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987

section 1. of the jute packaging materials compulsory use in packing commodities act : show related subordinates 1 this act may be called the jute packaging materials compulsory use in packing commodities act, . 2 it extends to the whole of india. 3 it shall come into force of such date 1 as the central government may, by notification in the official gazette, appoint. 1 14th may, , vide notification no. s.o. 467e, dated 14th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the jute packaging materials compulsory use in packing commodities act : in this act, unless the context otherwise requires, a commodity means i any essential commodity ii any article manufactured or produced by any scheduled industry b essential commodity shall have the same meaning as in the essential commodities act, 10 of c jute packaging material means jute, jute yarn, jute twine, jute sacking cloth, hessian cloth, jute bags or any other packaging material containing not less than seventyfive per cent., by weight, of jute d scheduled industry shall have the same meaning as in the industries development and regulation act, 65 of e standing advisory committee means the standing advisory committee constituted under section 4.

section 7. of the jute packaging materials compulsory use in packing commodities act : any officer authorised by the central government hereinafter referred to as the authorised officer may enter, at all reasonable times, any place, premises or vehicle where any commodity packed in jute packaging material is stored or kept for supply or distribution, and may require its production for inspection and ask for any information relating thereto.

section 4. of the jute packaging materials compulsory use in packing commodities act : show related subordinates 1 the central government shall, with a view to determining the commodity or class of commodities or percentages thereof in respect of which jute packaging material shall be used in their packing, constitute a standing advisory committee consisting of such persons as have, in the opinion of that government, the necessary expertise to give advice in the matter. 2 the standing advisory committee shall, after considering the following matters, indicate its recommendations to the central government, namely: a the existing level of usage of jute material b the quantity of raw jute available c the quantity of jute material available d the protection of interests of persons engaged in the jute industry and in the production of raw jute e the need for continued maintenance of jute industry f the quantity of commodities which, in its opinion, is likely to be required for packing in jute material g such other matters as the standing advisory committee may think fit.

section 3. of the jute packaging materials compulsory use in packing commodities act : show related subordinates 1 notwithstanding anything contained in any other law for the time being in force, the central government may, if it is satisfied, after considering the recommendations made to it by the standing advisory committee, that it is necessary so to do in the interests of production of raw jute and jute packaging material, and of persons engaged in the production thereof, by order published in the official gazette, direct, from time to time, that such commodity or class of commodities or such percentage thereof, as may be specified in the order, shall, on and from such date, as may be specified in the order, be packed for the purposes of its supply or distribution in such jute packaging material as may be specified in the order: provided that until such time as the standing advisory committee is constituted under section 4, the central government shall, before making any order under this subsection, consider the matters specified in subsection 2 of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the standing advisory committee makes its recommendations. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. orders yeardescriptionfiles order, 09/08/ order, 11/09/ order, 30/11/

section 5. of the jute packaging materials compulsory use in packing commodities act : where an order has been made under section 3 requiring any commodity, class of commodities or any percentage thereof to be packed in jute packaging material for their supply or distribution, such commodity, class of commodities or percentage thereof shall not, on and from the date specified in such order, be supplied or distributed unless the same is packed in accordance with that order: provided that nothing in this section shall apply to the supply or distribution of any commodity, class of commodities or percentage thereof for a period of three months from the aforesaid date if immediately before that date such commodity, class of commodities or percentage thereof, were being packed in any material other than jute packing material.

section 6. of the jute packaging materials compulsory use in packing commodities act : the central government may, by order, require any person, who is required to use jute packaging material for packing under section 5, to furnish, for the purposes of this act, a such information in his possession, with respect to any commodity or class of commodities or percentage thereof which requires such packing, to any officer specified by it, in such form and within such period as may be specified by that government in the order b such samples of jute packaging material for inspection by such officer at such places and within such period as may be specified by it in the order.

section 9. of the jute packaging materials compulsory use in packing commodities act : whoever packs any commodity, class of commodities or any percentage thereof in any material in contravention of section 5 shall be punishable with fine which may extend to an amount equal to double the cost of the jute packaging material which should have been used in accordance with the order made under section 3.

section 10. of the jute packaging materials compulsory use in packing commodities act : if any person, when required by any order made under section 6 to furnish any information or sample, fails to furnish such information or sample, or makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false or does not believe it to be true, he shall be punishable with fine which may extend to five thousand rupees.

section 16. of the jute packaging materials compulsory use in packing commodities act : show related subordinates 1 if the central government is of the opinion that it is necessary or expedient so to do in the public interest, it may, by order published in the official gazette, exempt any person or class of persons, supplying or distributing any commodity or class of commodities, from the operation of an order made under section 3. 2 every order made under subsection 1 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 11. of the jute packaging materials compulsory use in packing commodities act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge, of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in this subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 12. of the jute packaging materials compulsory use in packing commodities act : notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under this act shall be cognizable.

section 13. of the jute packaging materials compulsory use in packing commodities act : the central government may, by order published in the official gazette, direct that the powers exercisable by it under any provision of this act, other than the power to make orders under section 3 or under section 16 or to make rules under section 17, shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by a such officer or authority subordinate to the central government or b such state government or such officer or authority subordinate to a state government, as may be specified in the order.

section 15. of the jute packaging materials compulsory use in packing commodities act : no suit, prosecution or other legal proceeding shall lie against the central government, state government or any officer or employee of the central government or of any state government or any authorised officer for anything which is in good faith done or intended to be done under this act or any rule or order made thereunder.

section 17. of the jute packaging materials compulsory use in packing commodities act : 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 14. of the jute packaging materials compulsory use in packing commodities act : the central government may give such directions as it may consider necessary to a state government as to the carrying into execution of the provisions of this act.

section 8. of the consumer protection act : the objects of every state council shall be to promote and protect within the state the rights of the consumers laid down in clauses a to f of section 6.

section 2. of the consumer protection act : 1 in this act, unless the context otherwise requires, 1a appropriate laboratory means a laboratory or organisation i recognised by the central government ii recognised by a state government, subject to such guidelines as may be prescribed by the central government in this behalf or iii any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the central government or a state government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect 2aa branch office means i any establishment described as a branch by the opposite party or ii any establishment carring on either the same or substantially the same activity as that carried on by the head office of the establishment b complainant means i a consumer or ii any voluntary consumer association registered under the companies act, 1 of or under any other law for the time being in force or iii the central government or any state government, who or which makes a complaint 3iv one or more consumers, where there are numerous consumers having the same interest 4v in case of dealth of a consumer, his legal heir or representative c complaint means any allegation in writing made by a complainant that 5i an unfair trade practice or a restrictive trade practice has been adopted by 6any trader or service provider ii 7the goods bought by him or agreed to be bought by him suffer from one or more defects iii 8the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect 9iv a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price a fixed by or under any law for the time being in force b displayed on the goods or any package containing such goods c displayed on the price list exhibited by him by or under any law for the time being in force d agreed between the parties v goods which will be hazardous to life and safety when used are being offered for sale to the public, a in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force b if the trader could have known with due diligence that the goods so offered are unsafe to the public vi services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety with a view to obtaining any relief provided by or under this act d consumer means any person who, i buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose or ii 10hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 10hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person 4but does not include a person who avails of such services for any commercial purpose 11explanation. for the purposes of this clause, commecial purpose does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of selfemployment e consumer dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint f defect means any fault imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or 12under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods g deficiency means any fault imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service h district forum means a consumer dispute redressal forum estalished under clause a of section 9 i goods means goods as defined in the sale of goods act, 3 of 13j manufacturer means a person who i makes or manufactures any goods or parts thereof or ii does not make or manufacture any goods but assembles parts thereof made or manufactured by others or iii puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer explanation. where a manufacturer despatches any goods or part thereof to any branch office maintained by him, such branch office shall not be deemed to be the manufacturer even though the parts so despatched to it are assembled at such branch office and are sold or distributed from such branch office 12jj member includes the president and a member of the national commission or a state commission or a district forum, as the case may be k national commission means the national consumer disputes redressal commission established under clause c of section 9 l notification means a notification published in the official gazette m person includes, i a firm whether registered or not ii a hindu undivided family iii a cooperative society iv every other association of persons whether registered under the societies registration act, 21 of or not n prescribed means prescribed by rules made by the state government, or as the case may be, by the central government under this act 14nn regulation means the regulations made by the national commission under this act nnn restrictive trade practice means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and shall include a delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price b any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services o service means service of any description which is made available to potential 15users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 16housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service 17oo spurious goods and services mean such goods and services which are claimed to be genuine but they are actually not so p state commission means a consumer disputes redressal commission established in a state under clause b of section 9 q trader in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof 18r unfair trade practice means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely: 1 the practice of making any statement, whether orally or in writing or by visible representation which, i falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model ii falsely represents that the services are of a particular standard, quality or grade iii falsely represents any rebuilt, secondhand, renovated, reconditioned or old goods as new goods iv represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have v represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have vi makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services vii gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof: provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence viii makes to the public a representation in a form that purports to be i a warranty or guarantee of a product or of any goods or services or ii a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out ix materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made x gives false or misleading facts disparaging the goods, services or trade of another person. explanation. for the purposes of clause 1, a statement that is a expressed on an article offered or displayed for sale, or on its wrapper or container or b expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale or c contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained 2 permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement. explanation. for the purpose of clause 2, bargaining price means a a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or b a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold 3 permits a the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole b the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest 193a withholding from the participants of any scheme offering gifts, prizes or other items free of charge, on its closure the information about final results of the scheme. explanation. for the purposes of this subclause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspapers in which the scheme was originally advertised 4 permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods 5 permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services 196 manufacture of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services. 2 any reference in this act to any other act or provision thereof which is not in force in any area to which this act applies shall be construed to have a reference to the corresponding act or provision thereof in force in such area. 1. subs. by act 50 of , s. 2, for clause a w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. ins. by act 50 of , s. 2 w.e.f. . 4. ins. by act 62 of , s. 2 w.e.f. . 5. subs. by act 50 of , s. 2, for clause i w.e.f. . 6. subs. by act 62 of , s. 2, for any trader w.e.f. . 7. subs. by act 50 of , s. 2, for the goods mentioned in the complaint w.e.f. . 8. subs. by s. 2, ibid., for the services mentioned in the complaint w.e.f . 9. subs. by act 62 of , s. 2, for subclauses iv and v w.e.f. . 10. subs. by 50 of , s. 2, for hires w.e.f. . 11. subs. by act 62 of , s. 2, for the explanation w.e.f. . 12. ins. by act 50 of , s. 2 w.e.f. . 13. subs. by act 62 of , s. 2, for clause j w.e.f. . 14. subs. by act 62 of , s. 2, for clause nn w.e.f. . 15. subs. by s. 2, ibid., for users and includes the provisions of w.e.f. . 16. ins. by act 50 of , s. 2 w.e.f. . 17. ins. by act 62 of , s. 2 w.e.f. . 18. subs. by act 50 of , s. 2, for clause r w.e.f. . 19. ins. by act 62 of , s. 2 w.e.f. .

section 3. of the consumer protection act : the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

section 7. of the consumer protection act : 1 1the state government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the consumer protection council for .......................hereinafter referred to as the state council. 22 the state council shall consist of the following members, namely: a the minister incharge of consumer affairs in the state government who shall be its chairman b such number of other official or nonofficial members representing such interests as may be prescribed by the state governments 3c such number of other official or nonofficial members, not exceeding ten, as may be nominated by the central government. 3 the state council shall meet as and when necessary but not less than two meetings shall be held every year. 4 the state council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state government. 1. subs. by act 62 of , s. 4, for the state government may w.e.f. . 2. subs. by act 50 of , s. 6, for subsection 2 w.e.f. . 3. ins. by act 62 of , s. 4 w.e.f.

section 1. of the consumer protection act : 1 this act may be called the consumer protection act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification, appoint and different dates may be appointed for different states and for different provisions of this act. 4 save as otherwise expressly provided by the central government by notification, this act shall apply to all goods and services. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 15th april, , vide notification no. s.o. 390e, dated 15th april, in respect of chapters i, ii and iv, isee gazette of india, extraordinary, part ii, sec. 3ii. 1st july, , vide notification no. s.o. 568e, dated 10th june, in respect of chapter iii, see gazette of india, extraordinary, part ii, sec. 3ii.

section 8a. of the consumer protection act : 18a.the district consumer protection council. 1 the state government shall establish for every district, by notification, a council to be known as the district consumer protection council with effect from such date as it may specify in such notification. 2 the district consumer protection council herein after referred to as the district council shall consist of the following members, namely: a the collector of the district by whatever name called, who shall be its chairman and b such number of other official and nonofficial members representing such interests as may be prescribed by the state government. 3 the district council shall meet as and when necessary but not less than two meetings shall be held every year. 4 the district council shall meet as such time and place within the district as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state government. 1. ins. by s. 5, ibid. w.e.f. .

section 4. of the consumer protection act : 1 1the central government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the central consumer protection council hereinafter referred to as the central council. 2 the central council shall consist of the following members, namely: a the minister in charge of 2consumer affairs in the central government, who shall be its chairman, and b such number of other official or nonofficial members representing such interests as may be prescribed. 1. subs. by s. 3, ibid., for the central government may w.e.f. . 2. subs. by act 50 of , s. 3, for the department of food and civil supplies w.e.f. .

section 5. of the consumer protection act : 1 the central council shall meet as and when necessary, but 1at least one meeting of the council shall be held every year. 2 the central council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed. 1. subs. by s. 4, ibid., for not less than three meetings w.e.f.

section 6. of the consumer protection act : the objects of the central council shall be to promote and protect the rights of the consumers such as, a the right to be protected against the marketing of goods 1and services which are hazardous to to life and property b the right to be informed about the quality, quantity, potency, purity, standard and price of goods 1or services, as the case may be, so as to protect the consumer against unfair trade practices c the right to be assured, wherever possible, access to a variety of goods 2and services at competitive prices d the right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums e the right to seek redressal against unfair trade practices 2or restrictive trade practices or unscrupulous exploitation of consumers and f the right to consumer education. 1. ins. by s. 5, ibid. w.e.f. . 2. ins. by act 50 of , s. 5 w.e.f.

section 8b. of the consumer protection act : 8b. objects of the district council. the objects of every district council shall be to promote and protect within the district the rights of the consumers laid down in clauses a to f of section 6. 1. ins. by s. 5, ibid. w.e.f. .

section 15. of the consumer protection act : any person aggrieved by an order made by the district forum may prefer an appeal against such order to the state commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: provided that the state commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: 1provided further that no appeal by a person, who is required to pay any amount in terms of an order of the district forum, shall be entertained by the state commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount or twentyfive thousand rupees, whichever is less. 1. ins. by s. 11, ibid. w.e.f. .

section 9. of the consumer protection act : there shall be established for the purposes of this act, the following agencies, namely: a a consumer disputes redressal forum to be known as the district forum established by the state government 1 in each district of the state by notification: 2provided that the state government may, if it deems fit, establish more than one district forum in a district. b a consumer disputes redressal commission to be known as the state commission established by the state government 1 in the state by notification and c a national consumer disputes redressal commission established by the central government by notification. 1. the words with the prior approval of the central government omitted by act 50 of , s. 7 w.e.f. . 2. ins. by s. 7, ibid. w.e.f. .

section 10. of the consumer protection act : 11 each district forum shall consist of a a person who is, or has been, or is qualified to be a district judge, who shall be its president 2b two other members, one of whom shall be a woman, who shall have the following qualifications, namely: i be not less than thirtyfive years of age, ii possesss a bachelors degree from a recognised university, iii be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: provided that a persons shall be disqualified for appointment as a member, if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government or e has, in the opinion of the state government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member or f has such other disqualifications as may be prescribed by the state government 31a every appointment under subsection 1 shall be made by the state government on the recommendation of a selection committee consisting of the following, namely: i president of the state commission chairman, ii secretary, law department of the state member, iii secretary incharge of the department dealing with cunsumer affairs in the state member: 4provided that where the president of the state commission is, by reason of absence or otherwise, unable to act as chairman of the selection committee, the state government may refer the matter to the chief justice of the high court for nominating a sitting judge of that high court to act as chairman. 52 every member of the district forum shall hold office for a term of five years or up to the age of sixtyfive years, whichever is earlier: provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixtyfive years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause b of subsection 1 and such reappointment is also made on the basis of the recommendation of the selection committee: provided further that a member may resign his office in writing under his hand addressed to the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in subsection 1 in relation to the category of the member who is required to be appointed under the provisions of subsection 1a in place of the person who has resigned: provided also that a person appointed as the president or as a member, before the commencement of the consumer protection amendment act, 62 of , shall continue to hold such office as president or member, as the case may be, till the completion of his term. 3 the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the district forum shall be such as may be prescribed by the state government: 6provided that the appointment of a member on wholetime basis shall be made by the state government on the recommendation of the president of the state commission taking into consideration such factors as may be prescribed including the work load of the district forum. 1. subs. by s. 8, ibid., for subsection 1 w.e.f. . 2. subs. by act 62 of , s. 6, for clause b w.e.f. . 3. ins. by act 50 of , s. 8 w.e.f. . 4. ins. by act 62 of , s. 6 w.e.f. . 5. subs. by act 62 of , s. 6, for subsection 2 w.e.f. . 6. ins. by s. 6, ibid. w.e.f. .

section 11. of the consumer protection act : 1 subject to the other provisions of this act, the district forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 1does not exceed rupees twenty lakhs. 2 a complaint shall be instituted in a district forum within the local limits of whose jurisdiction, a the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 2carries on business or has a branch office or personally works for gain or b any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or 3carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the district forum is given, or the opposite parties who do not reside, or 4carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution or c the cause of action, wholly or in part, arises. 1. subs. by s. 7, ibid., for does not exceed rupees five lakhs w.e.f. 2. subs. by act 50 of , s. 9, for carries on business or w.e.f. . 3. subs. by s. 9, ibid., for carries on business w.e.f. . 4. subs. by s. 9, ibid., for carry on business w.e.f .

section 16. of the consumer protection act : 1 each state commission shall consist of a a person who is or has been a judge of a high court, appointed by the state government, who shall be its president: 1provided that no appointment under this clause shall be made except after consultation with the chief justice of the high court 2b not less than two, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely: i be not less than thirtyfive years of age ii possess a bachelors degree from a recognised university and iii be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: provided that not more than fifty per cent. of the members shall be from amongst persons having a judicial background. explanation. for the purposes of this clause, the expression persons having a judicial background shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level: provided further that a person shall be disqualified for appointment as a member, if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government or e has, in the opinion of the state government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member or f has such other disqualifications as may be prescribed by the state government. 31a every appointment under subsection 1 shall be made by the state government on the recommendation of a selection committee consisting of the following members, namely: i president of the state commission chairman ii secretary of the law department of the state member iii secretary incharge of the department dealing with consumer affairs in the state member: provided that where the president of the state commission is, by reason of absence or otherwise, unable to act as chairman of the selection committee, the state government may refer the matter to the chief justice of the high court for nominating a sitting judge of that high court to act as chairman. 1b i the jurisdiction, powers and authority of the state commission may be exercised by benches thereof. ii a bench may be constituted by the president with one or more members as the president may deem fit. iii if the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it. 2 the salary or honorarium and other allowances payable to, and the other terms and conditions of service 4 of, the members of the state commission shall be such as may be prescribed by the state government: 5provided that the appointment of a member on wholetime basis shall be made by the state government on the recommendation of the president of the state commission taking into consideration such factors as may be prescribed including the work load of the state commission. 63 every member of the state commission shall hold office for a term of five years or up to the age of sixtyseven years, whichever is earlier: provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixtyseven years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause b of subsection 1 and such reappointment is made on the basis of the recommendation of the selection committee: provided further that a person appointed as a president of the state commission shall also be eligible for reappointment in the manner provided in clause a of subsection 1 of this section: provided also that a member may resign his office in writing under his hand addressed to the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in subsection 1 in relation to the category of the member who is required to be appointed under the provisions of subsection 1a in place of the person who has resigned. 4 notwithstanding anything contained in subsection 3, a person appointed as the president or as a member, before the commencement of the consumer protection amendment act, 62 of , shall continue to hold such office as president or member, as the case may be, till the completion of his term. 1. ins. by act 50 of , s. 13 w.e.f. . 2. subs. by act 62 of , s. 12, for clause b and the proviso w.e.f. . 3. ins. by s. 12, ibid. w.e.f. 4. the brackets and words including tenure of office omitted by act 50 of , s. 13 w.e.f. . 5. ins. by act 62 of , s. 12 w.e.f. . 6. subs. by s. 12, ibid., for subsections 3 and 4 w.e.f. .

section 12. of the consumer protection act : 112. manner in which complaint shall be made. 1 a complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a district forum by a the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided b any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not c one or more consumers, where there are numerous consumers having the same interest, with the permission of the district forum, on behalf of, or for the benefit of, all consumers so interested or d the central or the state government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general. 2 every complaint filed under subsection 1 shall be accompanied with such amount of fee and payable in such manner as may be prescribed. 3 on receipt of a complaint made under subsection 1, the district forum may, by order, allow the complaint to be proceeded with or rejected: provided that a complaint shall not be rejected under this subsection unless an opportunity of being heard has been given to the complainant: provided further that the admissibility of the complaint shall ordinarily be decided within twentyone days from the date on which the complaint was received. 4 where a complaint is allowed to be proceeded with under subsection 3, the district forum may proceed with the complaint in the manner provided under this act: provided that where a complaint has been admitted by the district forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force. explanation.for the purposes of this section, recognised consumer association means any voluntary consumer association registered under the companies act, 1 of or any other law for the time being in force. 1. subs. by act 62 of , s. 8, for section 12 w.e.f. .

section 13. of the consumer protection act : 13. 1procedure on admission of complaint. 1 the district forum shall, 2on admission of a complaint, if it relates to any goods, 3a refer a copy of the admitted complaint, within twentyone days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district forum b where the opposite party on receipt of a complaint referred to him under clause a denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district forum, the district forum shall proceed to settle the consumer dispute in the manner specified in clauses c to g c where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the district forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the district forum within a period of fortyfive days of the receipt of the reference or within such extended period as may be granted by the district forum d before any sample of the goods is referred to any appropriate laboratory under clause c, the district forum may require the complainant to deposit to the credit of the forum such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question e the district forum shall remit the amount deposited to its credit under clause d to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause c and on receipt of the report from the appropriate laboratory, the district forum shall forward a copy of the report along with such remarks as the district forum may feel appropriate to the opposite party f if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the district forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory g the district forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause f and issue an appropriate order under section 14. 2 the district forum shall, if the 4complaints admitted by it under section 12 relates to goods in respect of which the procedure specified in subsection 1 cannot be followed, or if the complaint relates to any services, a refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district forum b where the opposite party, on receipt of a copy of the complaint, referred to him under clause a denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district forum, the district forum shall proceed to settle the consumer dispute, i on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint, or ii 5ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the forum. 6c where the complainant fails to appear on the date of hearing before the district forum, the district forum may either dismiss the complaint for default or decide it on merits. 3 no proceedings complying with the procedure laid down in subsections 1 and 2 shall be called in question in any court on the ground that the principles of natural justice have not been complied with. 63a every complaint shall be heard as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months, if it requires analysis or testing of commodities: provided that no adjournment shall be ordinarily granted by the district forum unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the forum: provided further that the district forum shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this act: provided also that in the event of a complaint being disposed of after the period so specified, the district forum shall record in writing, the reasons for the same at the time of disposing of the said complaint. 3b where during the pendency of any proceeding before the district forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case. 4 for the purposes of this section, the district forum shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit in respect of the following matters, namely: i the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath ii the discovery and production of any document or other material object producible as evidence iii the reception of evidence on affidavits iv the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source v issuing of any commission for the examination of any witness and vi any other matter which may be prescribed. 5 every proceeding before the district forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the district forum shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi of the code of criminal procedure, 2 of . 76 where the complainant is a consumer referred to in subclause iv of clause b of subsection 1 of section 2, the provisions of rule 8 of order i of the first schedule to the code of civil procedure, 5 of shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the district forum thereon. 87 in the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of order xxii of the first scheduled to the code of civil procedure, 5 of shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be. 1. subs. by act 62 of , s. 9, for procedure on receipt of complaint. w.e.f. . 2. subs. by s. 9, ibid., for on receipt of a complaint w.e.f. . 3. subs. by s. 9, ibid., for clause a w.e.f. . 4. subs. by act 62 of , s. 9, for complaint received w.e.f. . 5. subs. by s. 9, ibid., for on the basis of evidence w.e.f. . 6. ins. by s. 9, ibid. w.e.f. . 7. ins. by act 50 of , s. 11 w.e.f. . 8. ins. by act 62 of , s. 9 w.e.f. .

section 14. of the consumer protection act : 1 if, after the proceeding conducted under section 13, the district forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to 1do one or more of the following things, namely: a to remove the defect pointed out by the appropriate laboratory from the goods in question b to replace the goods with new goods of similar description which shall be free from any defect c to return to the complainant the price, or, as the case may be, the charges paid by the complainant d to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party: 2provided that the district forum shall have the power to grant punitive damages in such circumstances as it deems fit 3e to 4remove the defects in goods or deficiencies in the services in question f to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them g not to offer the hazardous goods for sale h to withdraw the hazardous goods from being offered for sale 5ha to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature hb to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently: provided that the minimum amount of sum so payable shall not be less than five per cent. of the value of such defective goods sold or services provided, as the case may be, to such consumers: provided further that the amount so obtained shall be credited in favour of such person and utilized in such manner as may be prescribed hc to issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement i to provide for adequate costs to parties. 62 every proceeding referred to in subsection 1 shall be conducted by the president of the district forum and at least one member thereof sitting together: 7provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the president and the other member shall continue the proceeding from the stage at which it was last heard by the previous member. 2a every order made by the district forum under subsection 1 shall be signed by its president and the member or members who conducted the proceeding: provided that where the proceeding is conducted by the president and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the district forum. 3 subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the district forum, its sittings and other matters shall be such as may be prescribed by the state government. 1. subs. by act 50 of , s. 12, for take w.e.f. . 2. ins. by act 62 of , s. 10 w.e.f. . 3. ins. by act 50 of , s. 12 w.e.f. . 4. subs. by act 62 of , s. 10, for remove the defects w.e.f. . 5. ins. by act 62 of , s. 10 w.e.f. . 6. subs. by act 34 of , s. 2, for the subsection 2 w.e.f. . 7. subs. by act 62 of , s. 10, for the proviso w.e.f. .

section 17b. of the consumer protection act : 117b. circuit benches. the state commission shall ordinarily function in the state capital but may perform its functions at such other place as the state government may, in consultation with the state commission, notify in the official gazette, from time to time. 1. ins. by act 62 of , s. 14 w.e.f. .

section 17. of the consumer protection act : 11 subject to the other provisions of this act, the state commission shall have jurisdiction a to entertain i complaints where the value of the goods or services and compensation, if any, claimed 2exceeds rupees twenty lakhs but does not exceed rupees one crore and ii appeals against the orders of any district forum within the state and b to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any district forum within the state, where it appears to the state commission that such district forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. 32 a complaint shall be instituted in a state commission within the limits of whose jurisdiction, a the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain or b any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the state commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be, acquiesce in such institution or c the cause of action, wholly or in part, arises. 1. s. 17 renumbered as subsection 1 thereof by s. 13, ibid w.e.f. . 2. subs. by s. 13, ibid., for exceeds rupees five lakhs but does not exceed rupees twenty lakhs w.e.f. . 3. ins. by s. 13, ibid. w.e.f. .

section 20. of the consumer protection act : 1 the national commission shall consist of a a person who is or has been a judge of the supreme court, to be appointed by the central government, who shall be its president: 1provided that no appointment under this clause shall be made except after consultation with the chief justice of india 2b not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely: i be not less than thirtyfive years of age ii possess a bachelors degree from a recognised university and iii be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: provided that not more than fifty per cent. of the members shall be from amongst the persons having a judicial background. explanation. for the purposes of this clause, the expression persons having judicial background shall mean persons having knowledge and experience for at least a period of ten years as a presiding officer at the district level court or any tribunal at equivalent level: provided further that a person shall be disqualified for appointment, if he a has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude or b is an undischarged insolvent or c is of unsound mind and stands so declared by a competent court or d has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government or e has, in the opinion of the central government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member or f has such other disqualifications as may be prescribed by the central government: provided also that every appointment under this clause shall be made by the central government on the recommendation of a selection committee consisting of the following, namely: a a person who is a judge of the supreme court, to be nominated by the chief justice of india chairman b the secretary in the department of legal affairs in the government of india member c secretary of the department dealing with consumer affairs in the government of india member. 31a i the jurisdiction, powers and authority of the national commission may be exercised by benches thereof. ii a bench may be constituted by the president with one or more members as the president may deem fit. iii if the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it. 2 the salary or honorarium and other allowances payable to and the other terms and conditions of service 4 of the members of the national commission shall be such as may be prescribed by the central government. 53 every member of the national commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier: provided that a member shall be eligible for reappointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause b of subsection 1 and such reappointment is made on the basis of the recommendation of the selection committee: provided further that a person appointed as a president of the national commission shall also be eligible for reappointment in the manner provided in clause a of subsection 1: provided also that a member may resign his office in writing under his hand addressed to the central government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in subsection 1 in relation to the category of the member who is required to be appointed under the provisions of subsection 1a in place of the person who has resigned. 4 notwithstanding anything contained in subsection 3, a person appointed as a president or as a member before the commencement of the consumer protection amendment act, 62 of shall continue to hold such office as president or member, as the case may be, till the completion of his term. 1. ins. by act 50 of , s. 16 w.e.f. . 2. subs. by act 62 of , s. 18, for clause b and the proviso w.e.f. . 3. ins. by s. 18, ibid. w.e.f. . 4. the brackets and words including tenure of office omitted by act 50 of , s. 16 w.e.f. . 5. subs. by act 62 of , s. 18, for subsections 3 and 4 w.e.f. .

section 18. of the consumer protection act : 1the provisions of sections 12, 13 and 14 and the rules made thereunder for the disposal of complaints by the district forum shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the state commission. 1. subs. by act 50 of , s. 15, for the procedure specified in sections 12, 13 and 14 and under the rules made thereunder w.e.f. .

section 17a. of the consumer protection act : 117a. transfer of cases. on the application of the complainant or of its own motion, the state commission may, at any stage of the proceeding, transfer any complaint pending before the district forum to another district forum within the state if the interest of justice so requires. 1. ins. by act 62 of , s. 14 w.e.f.

section 19. of the consumer protection act : any person aggrieved by an order made by the state commission in exercise of its powers conferred by subclause i of clause a of section 17 may prefer an appeal against such order to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: provided that the national commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: 1provided further that no appeal by a person, who is required to pay any amount in terms of an order of the state commission, shall be entertained by the national commission unless the appellant has deposited in the prescribed manner fifty per cent. of the amount or rupees thirtyfive thousand, whichever is less. 1. ins. by act 62 of , s. 16, ibid. w.e.f. .

section 19a. of the consumer protection act : 119a. hearing of appeal. an appeal filed before the state commission or the national commission shall be heard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission: provided that no adjournment shall be ordinarily granted by the state commission or the national commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such commission: provided further that the state commission or the national commission, as the case may be, shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this act: provided also that in the event of an appeal being disposed of after the period so specified, the state commission or the national commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal. 1. ins. by s. 17, ibid. w.e.f. .

section 18a.. of the consumer protection act : 18a. vacancy in the office of the president. omitted by the consumer protection amendment act, 62 of , s. 15 w.e.f. .

section 22a. of the consumer protection act : 122a. power to set aside ex parte orders. where an order is passed by the national commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the commission to set aside the said order in the interest of justice. 1. subs. by s. 20, ibid., for section 22 w.e.f. .

section 21. of the consumer protection act : subject to the other provisions of this act, the national commission shall have jurisdiction a to entertain i complaints where the value of the goods or services and compensation, if any, claimed exceeds 1rupees one crore and ii appeals against the orders of any state commission and b to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. 1. subs. by s. 19, ibid., for rupees twenty lakhs w.e.f. .

section 22. of the consumer protection act : 122. power and procedure applicable to the national commission. 1 the provisions of sections 12, 13 and 14 and the rules made thereunder for the disposal of complaints by the district forum shall, with such modifications as may be considered necessary by the commission, be applicable to the disposal of disputes by the national commission. 2 without prejudice to the provisions contained in subsection 1, the national commission shall have the power to review any order made by it, when there is an error apparent on the face of record. 1. subs. by s. 20, ibid., for section 22 w.e.f. .

section 22b. of the consumer protection act : 122b. transfer of cases. on the application of the complainant or of its own motion, the national commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the district forum of one state to a district forum of another state or before one state commission to another state commission. 1. subs. by s. 20, ibid., for section 22 w.e.f. .

section 22c. of the consumer protection act : 122c. circuit benches. the national commission shall ordinarily function at new delhi and perform its functions at such other place as the central government may, in consultation with the national commission, notify in the official gazette, from time to time. 1. subs. by s. 20, ibid., for section 22 w.e.f. .

section 22d. of the consumer protection act : 122d. vacancy in the office of the president. when the office of president of a district forum, state commission, or of the national commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the seniormost member of the district forum, the state commission or of the national commission, as the case may be: provided that where a retired judge of a high court is a member of the national commission, such member or where the number of such members is more than one, the seniormost person amongst such members, shall preside over the national commission in the absence of president of that commission. 1. subs. by s. 20, ibid., for section 22 w.e.f. .

section 24a. of the consumer protection act : 124a. limitation period. 1 the district forum, the state commission or the national commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. 2 notwithstanding anything contained in subsection 1, a complaint may be entertained after the period specified in subsection 1, if the complainant satisfies the district forum, the state commission or the national commission, as the case may be, that he had sufficient cause for not filing the complaint as this such period: provided that no such complaint shall be entertained unless the national commission, the state commission or the district forum, as the case may be, records its reasons for condoning such delay. 1. ins. by act 50 of , s. 19 w.e.f. .

section 22e. of the consumer protection act : 122e. qualifications, terms and conditions of service of president and member. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the president and other members of the national commission appointed after the commencement of part xiv of chapter vi of the finance act, 7 of , shall be governed by the provisions of section 184 of that act: provided that the president and member appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by 7 of , s. 177 w.e.f. .

section 23. of the consumer protection act : any person, aggrieved by an order made by the national commission in exercise of its power conferred by subclause i of clause a of section 21, may prefer an appeal against such order to the supreme court within a period of thirty days from the date of the order: provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period: 1provided further that no appeal by a person who is required to pay any amount in terms of an order of the national commission shall be entertained by the supreme court unless that person has deposited in the prescribed manner fifty per cent. of that amount or rupees fifty thousand, whichever is less. 1. ins. by 62 of , s. 21 w.e.f.

section 24b. of the consumer protection act : 124b. administrative control. 1 the national commission shall have administrative control over all the state commissions in the following matters, namely: i calling for periodical returns regarding the institution, disposal, pendency of cases ii issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents iii generally overseeing the functioning of the state commissions or the district fora to ensure that the objects and purposes of the act are best served without in any way interfering with their quasijudicial freedom. 2 the state commission shall have administrative control over all the district fora within its jurisdiction in all matters referred to in subsection 1. 1. ins. by act 50 of , s. 19 w.e.f. .

section 24. of the consumer protection act : every order of a district forum, the state commission or the national commission shall, if no appeal has been preferred against such order under the provisions of this act, be final.

section 26. of the consumer protection act : 126. dismissal of frivolous or vexatious complaints. where a complaint instituted before the district forum, the state commission or, as the case may be, the national commission is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding ten thousand rupees, as may be specified in the order. 1. subs. by act 50 of , s. 20, for section 26 w.e.f. .

section 25. of the consumer protection act : 125. enforcement of orders of the district forum, the state commission or the national commission. 1 where an interim order made under this act is not complied with, the district forum or the state commission or the national commission, as the case may be, may order the property of the person, not complying with such order to be attached. 2 no attachment made under subsection 1 shall remain in force for more than three months at the end of which, if the noncompliance continues, the property attached may be sold and out of the proceeds thereof, the district forum or the state commission or the national commission may award such damages as it thinks fit to the complainant and shall pay the balance, if any, to the party entitled thereto. 3 where any amount is due from any person under an order made by a district forum, state commission or the national commission, as the case may be, the person entitled to the amount may make an application to the district forum, the state commission or the national commission, as the case may be, and such district forum or the state commission or the national commission may issue a certificate for the said amount to the collector of the district by whatever name called and the collector shall proceed to recover the amount in the same manner as arrears of land revenue. 1. subs. by act 62 of , s. 22, for section 25 w.e.f. .

section 27. of the consumer protection act : 11 where a trader or a person against whom a complaint is made 2or the complainant fails or omits to comply with any order made by the district forum, the state commission or the national commission, as the case may be, such trader or person 2or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees, or with both: 3 . 42 notwithstanding anything contained in the code of criminal procedure, 2 of , the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of powers, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the first class for the purpose of the code of criminal procedure, 2 of . 3 all offences under this act may be tried summarily by the district forum or the state commission or the national commission, as the case may be. 1. s. 27 renumbered as subsection 1 thereof by act 62 of , s. 23 w.e.f. . 2. ins. by act 50 of , s. 21 w.e.f. . 3. proviso omitted by act 62 of , s. 23 w.e.f. . 4. ins. by s. 23, ibid. w.e.f. .

section 27a. of the consumer protection act : 127a. appeal against order passed under section 27 1 notwithstanding anything contained in the code of criminal procedure 2 of , an appeal under section 27, both on facts and on law, shall lie from a the order made by the district forum to the state commission b the order made by the state commission to the national commission and c the order made by the national commission to the supreme court. 2 except as aforesaid, no appeal shall lie to any court from any order of a district forum or a state commission or the national commission. 3 every appeal under this section shall be preferred within a period of thirty days from the date of an order of a district forum or a state commission or, as the case may be, the national commission: provided that the state commission or the national commission or the supreme court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. 1. ins. by s. 24, ibid. w.e.f. .

section 30a. of the consumer protection act : show related subordinates 130a. power of the national commission to make regulations. 1 the national commission may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may make provisions for the cost of adjournment of any proceeding before the district forum, the state commission or the national commission, as the case may be, which a party may be ordered to pay. 1. ins. by s. 28, ibid. w.e.f. .

section 29. of the consumer protection act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament. 13 if any difficulty arises in giving effect to the provisions of the consumer protection amendment act, 62 of , the central government may, by order, do anything not inconsistent with such provisions for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the commencement of the consumer protection amendment act, 62 of . 4 every order made under subsection 3 shall be laid before each house of parliament. 1. ins. by act 62 of , s. 26 w.e.f. .

section 29a. of the consumer protection act : 129a. vacancies or defects in appointment not to invalidate orders. no act or proceeding of the district forum, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. 1. ins. by act 34 of , s. 4 w.e.f. .

section 30. of the consumer protection act : show related subordinates 130. power to make rules. 1 the central government may, by notification, make rules for carrying out the provisions contained in clause a of subsection 1 of section 2, clause b of subsection 2 of section 4, subsection 2 of section 5, subsection 2 of section 12, clause vi of subsection 4 of section 13, clause hb of subsection 1 of section 14, section 19, clause b of subsection 1 and subsection 2 of section 20, section 22 and section 23 of this act. 2 the state government may, by notification, make rules for carrying out the provisions contained in clause b of subsection 2 and subsection 4 of section 7, clause b of subsection 2 and subsection 4 of section 8a, clause b of subsection 1 and subsection 3 of section 10, clause c of subsection 1 of section 13, clause hb of subsection 1 and subsection 3 of section 14, section 15 and clause b of subsection 1 and subsection 2 of section 16 of this act. 1. subs. by act 62 of , s. 27, for section 30 w.e.f. .

section 31. of the consumer protection act : 131. rules and regulations to be laid before each house of parliament. 1 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 2 every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. subs. by s. 29, ibid., for section 31 w.e.f. .

section 28a. of the consumer protection act : 128a. service of notice, etc. 1 all notices, required by this act to be served, shall be served in the manner hereinafter mentioned in subsection 2. 2 the service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the district forum, the state commission or the national commission, as the case may be, or by any other means of transmission of documents including fax message. 3 when an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the district forum, the state commission or the national commission, as the case may be, or postal article containing the notice is received back by such district forum, state commission or the national commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in subsection 2 when tendered or transmitted to him, the district forum or the state commission or the national commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant: provided that where the notice was properly addressed, prepaid and duly sent by registered post acknowledgment due, a declaration referred to in this subsection shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the district forum, the state commission or the national commission, as the case may be, within thirty days from the date of issue of notice. 4 all notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served, if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant, the place where such person actually and voluntarily resides. 1. ins. by act 62 of , s. 25 w.e.f. .

section 28. of the consumer protection act : no suit, prosecution or other legal proceedings shall lie against the members of the district forum, the state commission or the national commission or any officer or person acting under the direction of the district forum, the state commission or the national commission for executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this act or under any rule or order made thereunder.

section 8. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 for the purpose of disbursing the amounts payable to the concession holders under this act, the central government shall appoint such person as it may think fit to be the commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred, on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987

section 1. of the goa daman and diu mining concessions abolition and declaration as mining leases act : this act may called the goa, daman and diu mining concessions abolition and declaration as mining leases act, .

section 2. of the goa daman and diu mining concessions abolition and declaration as mining leases act : in this act, unless the context otherwise requires, a appointed day means the 20th day of december, b commissioner means the commissioner of payments appointed under section 8 c concession holder means a person who has been granted a mining concession d date of assent means the date on which the assent is given by the president to this act e goa, daman and diu means the union territory of goa, daman and diu f mines and minerals act means the mines and minerals regulation and development act, 67 of g mining concession means a mining concession granted under the portuguese colonial mining laws, decree of 20th september, h notification means a notification published in the official gazette i prescribed means prescribed by rules made under this act j specified date means such date as the central government may, for the purpose of any provision of this act, by notification, specify and different dates may be specified for different provisions of this act k words and expressions used and not defined, but defined in the mines act, 35 of or the mines and minerals act, shall have the meanings, respectively, assigned to them in those acts.

section 7. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 there shall also be given by the central government, in cash, to every concession holder specified in the second column of the first and the second schedules, simple interest at the rate of four per cent. per annum on the amount specified against such concession holder in the corresponding entry in the eighth column of the first schedule and the ninth column of the second schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the commissioner. 2 the amount referred to in subsection 1 shall be in addition to the amount specified in the first schedule or the second schedule, as the case may be

section 3. of the goa daman and diu mining concessions abolition and declaration as mining leases act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act, or any judgment, decree or order of any court, tribunal or other authority or any instrument having effect by virtue of any enactment other than this act.

section 6. of the goa daman and diu mining concessions abolition and declaration as mining leases act : every concession holder specified in the second column of the first and the second schedules shall be given by the central government, in cash, and in the manner specified in chapter iv, for the abolition of the mining concessions held by him, and declaring it as a mining lease, under section 4, an amount equal to the amount specified against him in the corresponding entry in the eighth column of the first schedule and the ninth column of the second schedule, as the case may be.

section 4., of mining concessions. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 every mining concession specified in the first schedule shall, on and from the appointed day, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the mines and minerals act, and the provisions of that act shall, save as otherwise provided in this act, apply to such mining lease. 2 every mining concession specified in the second schedule shall, on and from the day next after the date of grant of the said concession and specified in the corresponding entry in the eighth column of the said schedule, be deemed to have been abolished and shall, with effect from that day, be deemed to be a mining lease granted under the mines and minerals act, and the provisions of that act shall, save as otherwise provided in this act, apply to such mining lease. 3 if, after the date of assent, the central government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or misdescription in relation to the particulars of any mining concession or the name and residence of any concession holder specified in the first or the second schedule, it may, by notification, correct such error, omission or misdescription, and on the issue of such notification, the first or the second schedule, as the case may be, shall be deemed to have been amended accordingly.

section 5. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 where a mining concession has been deemed to be a mining lease under section 4, the concession holder shall, on and from the day mentioned in that section, be deemed to have become the holder of such mining lease under the mines and minerals act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that act, extend up to a period of six months from the date of assent. 2 on the expiry of the period of any mining lease under subsection 1, it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the mines and minerals act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period for which, such lease can be renewed under the provisions of that act and the rules made thereunder.

section 9. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the concession holders, a sum equal to the sum specified against the mining concessions in the first and the second schedules, together with the amount of interest referred to in section 7. 2 a deposit account shall be opened by the central government, in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of each of the concession holder in relation to which payments have been made to him under this act. 4 interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the concession holders.

section 10. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 every concession holder, having a claim for the payment of the amount referred to in section 6, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter. 2 the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. 3 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the english language and one issue of any daily newspaper in the regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the time specified in the advertisement. 4 every claimant, who fails to file the proof of his claim within the time specified by the commissioner, shall be excluded from the disbursement made by the commissioner. 5 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concession holder, a reasonable opportunity of being heard, by order in writing admit or reject the claim in whole or in part. 6 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he will hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of any witnesses. 7 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 8 a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the relevant mine is situated.

section 11. of the goa daman and diu mining concessions abolition and declaration as mining leases act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and, on such payment, the liability of the central government in respect of such claim shall stand discharged.

section 12. of the goa daman and diu mining concessions abolition and declaration as mining leases act : in the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in section 6 or section 7, the commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court. explanation.in this section court, in relation to a mining concession, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the mines relating to such concession is situated.

section 16. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 13. of the goa daman and diu mining concessions abolition and declaration as mining leases act : any money paid to the commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the commissioner to the general revenue account of the central government but a claim to any money transferred may be preferred to the central government by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

section 18. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by sections 20 and 21,may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 14. of the goa daman and diu mining concessions abolition and declaration as mining leases act : amendment of act 67 of .rep. by repealing and amending act, 30 of , s.2 and the first schedule w.e.f. .

section 15. of the goa daman and diu mining concessions abolition and declaration as mining leases act : any person who contravenes the provisions of this act shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both.

section 17. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer or other employee of that government, or any person authorised by that government for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer or other employee of that government or any person authorised by that government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 22. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 notwithstanding anything in any other law for the time being in force or any judgment, decree or order of any court, tribunal or other authority, a every concession holder shall, for the period commencing on and from the date when his mining concession had been declared to be a mining lease and ending with the date of expiry of the period of his lease under the provisions of this act hereafter in this section referred to as the said period, be liable to pay the dead rent or, as the case may be, royalty, due in respect of such lease under the provisions of the mines and minerals act and the rules made thereunder, and such amount shall, save as otherwise provided in this section, be recoverable from him b any amount paid by the concession holder for the said period, either as a fixed tax or as a proportional tax, or both, or as a royalty under protest shall be deemed to have been dead rent or, as the case may be, royalty, paid in accordance with law and such amounts shall not be liable to be refunded and c due credit of all such amounts paid by a concession holder under clause b shall be given to him in determining the dead rent or, as the case may be, royalty payable by him under clause a, as if this act and the mines and minerals act and the rules made thereunder had been in force at all material times, and accordingly i no suit or other proceeding shall be instituted, maintained or continued in any court or other authority against the government or any person or authority whatsoever for the refund of any amounts paid by a concession holder under clause b and ii no court shall enforce any decree or order directing the refund of any amounts so paid, on the ground that the mining concession is not a mining lease. 2 for the removal of doubts, it is hereby declared that nothing in subsection 1 shall be construed as preventing any person, a from questioning, in accordance with the provisions of the mines and minerals act and the rules made thereunder, the assessment of any dead rent or royalty for the said period or b from claiming refund of any dead rent or royalty paid by him in excess of the amount due from him under the mines and minerals act and the rules made thereunder.

section 19. of the goa daman and diu mining concessions abolition and declaration as mining leases act : it is hereby declared that this act is for giving effect to the policy of the state towards securing the principles specified in clauses b and c of article 39 of the constitution. explanation.in this section, state has the same meaning as in article 12 of the constitution.

section 20. of the goa daman and diu mining concessions abolition and declaration as mining leases act : 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 21. of the goa daman and diu mining concessions abolition and declaration as mining leases act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of assent.

section 8. of the national dairy development board act : 1 the general superintendence, direction, control and management of the affairs and business of the national dairy development board shall vest in a board of directors, which shall exercise all powers and do all acts and things which may be exercised or done by the national dairy development board. 2 the board of directors of the national dairy development board shall consist of the following, namely: a a chairman b one director from amongst the officials of the central government c two directors from amongst the chairmen of the state cooperative dairy federations d wholetime directors, not more than three in number, from amongst the executives of the highest grade of the national dairy development board e one director, being an expert, from outside the national dairy development board. 3 the chairman and the director referred to in clause b of subsection 2 shall be nominated by the central government and the directors referred to in clauses c, d and e of subsection 2 shall be nominated by the central government after consultation with the chairman: provided that the chairman and the director referred to in clause e of subsection 2 shall be persons professionally qualified in one or more specialities, namely, dairying, animal husbandry, rural economics, rural development, business administration or banking. 4 the board may associate with itself, in such manner, on such terms and for such purposes as it may deem fit, any person whose assistance or advice it may desire in complying with any of the provisions of this act, and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated but shall not have the right to vote.

section 1. of the national dairy development board act : 1 this act may be called the national dairy development board act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 12th october, , vide notification no. s.o. 898e, dated 12th october, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the national dairy development board act : in this act, unless the context otherwise requires, a appointed day means the date of commencement of this act b board means the board of directors of the national dairy development board c chairman means the chairman of the national dairy development board d companies act means the companies act, 1 of e director means a director of the national dairy development board, and includes the chairman f foodstuffs means such of the foodstuffs as are included in the definition of essential commodities as contained in clause a of section 2 of the essential commodities act, 10 of g indian dairy corporation means the indian dairy corporation, a company formed and registered under the companies act, and having its registered office at baroda in the state of gujarat. h milk product means i sterilised, standardised, recombined, toned, doubletoned, skimmed, flavoured or acidified milk ii icecream iii cream iv cheese v butter vi milk powders vii weaning foods with milk and infant milk foods viii malted milk foods with or without cocoa powder ix ghee x anhydrous milk fat and butter oil xi casein xii any other product containing milk or all or any of the milk products specified above which the central government may, by notification in the official gazette, specify in this behalf i national dairy development board means the national dairy development board incorporated under section 4 j prescribed means prescribed by regulations made under this act k restructuring and streamlining, in relation to the organisational and functional setup of the national dairy development board, includes i opening or closing of units or offices ii revision of the organisational and functional setup iii declaration of staff required iv integration of posts, fixation of seniority and pay scales v integration of required personnel in the revised setup and issuance of appointment orders in that behalf vi declaration or demarcation of duties and responsibilities attendant to posts vii declaration of posts equivalent to one another and viii any other matter that may be necessary of incidental to meet the organisational or functional needs of the national dairy development board l society means the national dairy development board, a society formed and registered under the societies registration act, 21 of and functioning as such immediately before the appointed day m words and expressions used herein and not defined, but defined in the companies act, have the meanings respectively assigned to them in that act.

section 2. of the national dairy development board act : whereas the objects of the national dairy development board at anand in the state of gujarat are such as to make the institution one of national importance, it is hereby declared that the national dairy development board is an institution of national importance.

section 7. of the national dairy development board act : if, on the appointed day, there is pending any suit, arbitration, appeal or other legal proceedings of whatever nature by or against the society or the dissolved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the national dairy development board under section 4 or dissolution of the indian dairy corporation under section 5, as the case may be, but the suit, arbitration, appeal or other proceedings may be continued, prosecuted and enforced by or against the national dairy development board in the same manner and to the same extent as it would or may have been continued, prosecuted and enforced by or against the society or the dissolved company, as the case may be, if this act had not been passed.

section 9., of chairman and directors. of the national dairy development board act : 1 the chairman shall be the chief executive of the national dairy development board and shall hold office for such period as the central government may determine and any person so nominated shall be eligible for renomination. 2 notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the services of the chairman, at any time before the expiry of the period determined under that subsection, by giving him notice of not less than three months in writing or three months salary and allowances in lieu thereof, and the chairman shall also have the right to relinquish his office, at any time before the expiry of the period specified under that subsection, by giving to the central government notice of not less than three months in writing. 3 the chairman shall receive such salary and allowances as may be determined by the central government. 4 where an executive of the national dairy development board has been nominated under section 8 as a wholetime director thereof, such nomination shall be without prejudice to his continuance as an executive of the national dairy development board and he may be continued as such executive on his ceasing to be a director. 5 the directors nominated under clause c of subsection 2 of section 8 shall hold office for such period not exceeding one year at a time as the central government may determine, and the directors nominated under clauses d and e of subsection 2 of section 8 shall hold office for such period as the central government may determine. 6 every director, other than the chairman, shall hold office during the pleasure of the central government. 7 the directors referred to in clauses b, c and e of subsection 2 of section 8 shall be paid such allowances as the central government may determine.

section 4. of the national dairy development board act : 1 the national dairy development board is hereby constituted a body corporate by the same name, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued. 2 the head office of the national dairy development board shall be at anand in the state of gujarat. 3 the national dairy development board may establish units, offices, branches or agencies at any such place in or outside india as it may consider necessary.

section 10. of the national dairy development board act : 1 the board shall meet at the head office of the national dairy development board or any of its offices at such times as the chairman may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings as may be prescribed. 2 the chairman or, if he is unable to attend a meeting of the board, any other director nominated by the chairman in this behalf and, in the absence of such nomination or where there is no chairman, any director chosen by the directors present from among themselves, shall preside at the meeting. 3 all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman or the person presiding shall have the right to exercise a second or casting vote. 4 save as otherwise provided in subsection 3, every director of the board shall have one vote.

section 6. of the national dairy development board act : on and from the appointed day, a all properties and assets, movable and immovable, of, or belonging to, the society and the indian dairy corporation hereinafter referred to as the dissolved company shall vest in the national dairy development board b all the rights, debts, liabilities, interests, privileges and obligations of the society and the indian dairy corporation shall stand transferred to, and be the rights, liabilities, interests, privileges and obligations of, the national dairy development board c without prejudice to the provisions of clause b, all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the society or the dissolved company, immediately before the appointed day for or in connection with their purposes, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the national dairy development board d all sums of money due to the society and the dissolved company, immediately before the appointed day, shall be deemed to be due to the board e every subsidiary or the society and the dissolved company shall become the subsidiary of the national dairy development board f every organisation, which was being managed immediately before the appointed day by the society or, as the case may be, by the dissolved company, shall be managed by the national dairy development board for such period to such extent and in such manner as the circumstances may require g every organisation which was getting financial, managerial or technical assistance from the society or the dissolved company, immediately before the appointed day, may continue to be given financial, managerial or technical assistance, as the case may be, by the national dairy development board, for such period, to such extent and in such manner as the national dairy development board may deem fit h the amount representing the capital of the dissolved company shall form part of the funds of the national dairy development board i any reference to the society or, as the case may be, to the dissolved company, in any law other than this act or in any contract or other instrument, shall be deemed to be reference to the national dairy development board.

section 5. of the national dairy development board act : 1 on and from the appointed day, subject to the other provisions of this act, all the undertakings of the indian dairy corporation shall stand transferred to and vest in the national dairy development board. 2 notwithstanding anything contained in the companies act, the indian dairy corporation shall, on and from the appointed day, stand dissolved by virtue of the provisions of this act.

section 11. of the national dairy development board act : 1 subject to the provisions of this act, the board shall, in the discharge of its functions, act on sound business principles with due regard to public interest. 2 save as otherwise prescribed, the chairman shall have the powers of general superintendence, direction, control and management of the affairs and business of the national dairy development board, and he may exercise all other powers and do all acts and things which may be exercised or done by the board. 3 the chairman may, when he is unable to discharge his functions by reason of his being away or otherwise, authorise any wholetime director to discharge all or any of his functions for a temporary period. 4 in the absence of the chairman and of an authorised wholetime director as referred to in subsection 3, for whatsoever reason, the powers of the chairman may be exercised by the seniormost of the wholetime directors referred to in clause d of subsection 2 of section 8.

section 12. of the national dairy development board act : 1 the board may from time to time constitute such number of management committees as it may deem fit for the purpose of assisting the board in the efficient discharge of its functions. 2 a management committee shall consist of such number of persons whether directors or otherwise as its members as the board may determine, subject to the condition that in every such committee either the chairman or a wholetime director shall be a member thereof. 3 every management committee shall function under the general control, direction and superintendence of the board, and for such duration and in such manner as the board may direct. 4 the minutes of every meeting of the management committees shall, as soon as may be, be laid before the board.

section 13., of members of management committees. of the national dairy development board act : 1 the members of any management committee, other than the chairman and wholetime directors, may be paid such allowances, if any, as may be prescribed, for attending the meetings of the management committee or for attending to any other work of the national dairy development board. 2 all other matters pertaining to the conduct of proceedings of the management committees shall be such as may be prescribed.

section 18. of the national dairy development board act : subject to the provisions of section 19, every fulltime officer or other employee, holding office immediately before the appointed day, in the society or the dissolved company, shall, on and from the appointed day, become an officer or other employee, as the case may be, of the national dairy development board and shall hold office or service in the national dairy development board on the same terms and conditions of service as he would have had under the society or the dissolved company, as the case may be, and shall continue to do so unless and until his terms and conditions of service are duly altered by the board.

section 14. of the national dairy development board act : 1 the board may delegate to any management committee or to any member thereof or to any officer of the national dairy development board, subject to such conditions and limitations, if any, as may be specified by the board, such of its powers and functions under this act as it may deem necessary for the efficient discharge of its functions. 2 the board may, if it considers it necessary so to do in the public interest, delegate any of its powers and functions, subject to such conditions and limitations, if any, as may be specified by it, to a cooperative federation at the national or state level, or to any organisation owned, managed, controlled or assisted by the national dairy development board.

section 20. of the national dairy development board act : 1 the officers or other employees declared as redundant in pursuance of section 19, shall be dealt with in accordance with such scheme or schemes as the board may, with the previous approval of the central government, make in this behalf and different schemes may be made in relation to different classes or categories of officers and other employees. 2 the scheme or schemes referred to in subsection 1 may provide for a the quantum of compensation payable to any officer or other employee referred to in subsection 1 and the mode of payment thereof: provided that the compensation so payable shall in no case be less than that payable to him under the service conditions applicable to him if his services were dispensed with b the quantum of arrears of salary or other emoluments, provident fund, gratuity or any other amount that may be payable in accordance with the service conditions applicable to them c the provision for appeal for the aggrieved redundant officers and other employees and for the appellate authority, being an officer not below the rank of a joint secretary to the government of india in the ministry dealing with agriculture d any other matter pertaining to the termination of service consequent on their being declared redundant.

section 17. of the national dairy development board act : every person holding office as a member of the board of the society, or as a director of the dissolved company, immediately before the appointed day, shall, on and from that day, cease to hold office as such member or director.

section 15. of the national dairy development board act : the board may, from time to time, by order, delegate, subject to such general and special conditions as it may deem fit to impose, the powers of appointment, termination, suspension and dismissal from service of any employee of the national dairy development board, a who is drawing a salary in such higher grade as may be prescribed, to a wholetime director, and b who is drawing a salary in any grade, other than a higher grade prescribed under clause a, to such officer of the national dairy development board as it may deem fit: provided that in relation to employees falling under clause b, the chairman may, if he considers it necessary or expedient so to do, perform the functions of the board under this section.

section 19. of the national dairy development board act : 1 notwithstanding anything contained in this chapter, the national dairy development board may make such orders or take such action as may be necessary for restructuring and streamlining the organisational and functional setup of the national dairy development board to secure utmost efficiency in its functioning, and the board shall, for achieving this object, be competent to declare any officer or other employee or any class of officers or other employees to be redundant if it finds them redundant by way of being surplus or otherwise due to duplication of posts of the same nature, or absence of the special expertise required for the post in the revised setup, or the nonavailability of posts in a particular office or unit of the national dairy development board and it is not practicable to accommodate him in the type of post in the particular grade. 2 nothing in this chapter shall preclude the board, if it is considered necessary for the purpose of rationalising the conditions of service of the officers and other employees so transferred to it, to change their designation, conditions of service or the scales of pay applicable to them or to reallocate their duties and functions.

section 16. of the national dairy development board act : 1 subject to the provisions of this act, a it shall be the duty and function of the national dairy development board to promote plan and organise programmes for the purposes of development of dairy and other agriculture based and allied industries and biologicals on an intensive and nationwide basis and to render assistance in the implementation of such programmes b it shall be the responsibility of the national dairy development board to adopt the cooperative strategy in a more effective manner on an intensive and nationwide basis and to take such steps as may be necessary for the purposes aforesaid and c the national dairy development board may take such measures for carrying out the said purposes, and for the exercise of its powers and the performance of its functions and responsibilities under this act, as it may consider necessary. 2 in particular, and without prejudice to the generality of the foregoing provisions, the measures referred to therein may provide for a facilitating research and promotional activities in the fields of dairying, immunology, animal husbandry, agriculture and horticulture b imparting technological knowhow to such organisations in the cooperative or public sector as are engaged in the production, procurement, preservation or marketing of milk and milk products c facilitating the training of personnel for absorbing and utilising the technical knowhow that may be imparted d designing, planning, promoting developing, constructing, sponsoring and setting up of dairy industries and undertaking any other related promotional activity including the financing of the same e providing consultancy and managerial services and the execution of any project on a turnkey basis or otherwise, furnishing integral services such as storage, transportation, processing, distribution of milk and milk products and to serve as a lead institution with reference to milk and milk products f adopting such measures as may be practicable i for the conservation of milk and milk products by avoidance of waste at all stages or otherwise ii to assist primary producers of milk and milk products and persons in the cooperative and public sector to get incentive prices and iii to build up a national milk grid g recommending to government, as and when necessary, the maximum and minimum prices to be fixed for the purchase or sale of milk and, if so required, assist in the enforcement of it h functioning as a channelising agency in respect of import and export of milk and milk products and of milch animals or bulls i providing financial, technical, administrative, managerial or other assistance or taking such measures as may be necessary a for the development if required by the import of quality semen and preservation of high yielding cattle b for adopting improved methods of cattle breeding c for increasing production and supply of better and improved animal feed including fodder and d generally for the enhancement of the cattle wealth of the country j processing, promoting or financing technological, industrial or economic research in milk and milk products in such manner as the board may deem fit by the utilisation of available institutions or otherwise k financing, in such manner as the board may deem appropriate including contribution to capital, of cooperative federations, cooperative unions or cooperative enterprises or of any scheme in the cooperative or public sector intended to stimulate the production, preservation, distribution and consumption of milk and milk products nationwide l regulating the dairy and allied industries and functioning as regulatory authority therefor, as may be required by the central government m adopting measures for the development and coordination of organisations in the production of milk and milk products so as to enable the primary producers thereof to become participants in, and beneficiaries of, the development and growth of dairy and allied industries n collecting and compiling relevant data and statistics necessary for the efficient management of the national milk grid and national milch herd and on any other matter relating to dairying and allied industries o promoting publicity on the research and development of dairy and allied industries p promoting and developing production, grading and marketing of milk and milk products in various parts of the country q cooperating with international organisations and foreign experts and for functioning as the agent of the central government for the reception, utilisation and disbursement of any gift of milk and milk products and any other foodstuffs r building up of a reserve of buffer stock of basic commodities s promoting the export of milk and milk products where, in the opinion of the board, it is so required to avoid waste or to otherwise serve the public interest and generally for exporting any article produced, processed or promoted by it t acquiring, holding and disposing of any property for the purposes of its business u transferring the whole or any part of its managerial, technical or other functions in relation to any organisations receiving assistance from the national dairy development board to the recipient organisation v advancing or lending money upon security of movable or immovable property or otherwise w borrowing money in such manner and upon such security as the board may deem fit x carrying on, either by itself or through any other organisations, any other business or class of business, in a case where such business or class of business was being carried on by the society or the dissolved company immediately before the appointed day y promoting and encouraging cooperative effort among those engaged in the production of milk and milk products and other foodstuffs z levying fees or other charges for any assistance given or services rendered by the national dairy development board za carrying on any other business or doing any other act or thing as may be necessary, incidental or conducive to further the objectives of the national dairy development board under this act. 3 if, immediately before the appointed day, either the society or the dissolved company was engaged in the production, research and development, processing, marketing, import, export or other activities, or had been rendering any service or assistance, in relation to any article or product, other than milk and milk products or the dairy industry, then, notwithstanding anything contained in this act or in any other law, the national dairy development board may engage in the production, research and development, processing, marketing, import, export or other activities, or render such other services or assistance in relation to the said article or product as may be required, and the provisions of subsections 1 and 2 shall, so far as may be, apply in relation to that article or product, as if any reference therein to milk and milk products or to dairy and allied industries had been a reference to that article or product or service or activity. 4 where the central government or the government of any state considers that, having regard to the special expertise of the national dairy development board and the needs of the public, it is necessary or advisable to entrust the national dairy development board with any activity, other than that to which the foregoing subsections apply, it may, entrust such activity to the national dairy development board, whereupon it shall be competent for the national dairy development board to carry on such activity. 5 without prejudice to the generality of the foregoing powers, it shall be competent for the national dairy development board to participate, with the prior approval of the central government, in any other organisation, financially, managerially or in any other manner.

section 23. of the national dairy development board act : the board may, with the previous approval of the central government or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source as it may deem fit for discharging all or any of its functions under this act.

section 24. of the national dairy development board act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the national dairy development board by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 21. of the national dairy development board act : the transfer of the services of any officer or other employee of the society or of the dissolved company to the national dairy development board shall not entitle any such officer or other employee to any compensation under the industrial disputes act, 14 of or any other law for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority.

section 22. of the national dairy development board act : 1 where a provident fund has been established by the society or the dissolved company in respect of either of them for the benefit of the officers or other employees and the same stands vested in a trust, the moneys and other assets standing to the credit of each provident fund shall continue to be held in trust with the same objects as were applicable before the appointed day and the trustees of such trusts immediately before the appointed day shall, subject to the provisions of the trust deeds and the rules relating to the respective trusts, continue to function as trustees in respect of the respective provident fund until and unless otherwise directed by the national dairy development board, and the rights relating to the said trusts shall, as from the appointed day, vest in the national dairy development board. 2 where any gratuity, welfare or other fund had been established by the society or the dissolved company for the benefit of its officers or other employees and is in existence immediately before the appointed day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the national dairy development board. 3 notwithstanding anything contained in subsections 1 and 2, the board may give such directions relating to the trusts or funds or take such other action as it may deem fit so as to bring about uniformity or to effect integration in part or in whole in such trusts or funds. 4 the board may, having regard to the welfare of the officers and other employees or their families, take such steps for the advancement of their health, education or other interests as may be prescribed and create such institutions as may be required for the purpose. 5 nothing in the foregoing provisions of this section shall derogate the power of the board to make regulations for establishing or maintaining any provident fund, welfare fund, gratuity fund or other fund for any of its officers or other employees.

section 25. of the national dairy development board act : the national dairy development board may receive gifts, grants, donations or benefactions from government or any other source in or outside india and the same shall be used by the board for exercising its functions and discharging its responsibilities under this act. 2 the national dairy development board shall not receive any gifts, grants, donations or benefactions from a foreign government or any other source outside india except with the previous approval of the central government.

section 26. of the national dairy development board act : 1 the national dairy development board shall maintain a fund to be called the national dairy development board fund to which shall be credited a all sums of money vested in the national dairy development board under chapter ii b all sums of money that may be provided by government c all fees and other charges received by the national dairy development board d all sums of money generated from gift commodities by the national dairy development board or received by it by way of grants, donations, benefactions, bequests or transfers and e all sums of money received by the national dairy development board in any other manner or from any other source. 2 all sums of money credited to the said fund shall, subject to the regulations, if any, made in this behalf, be deposited with the state bank of india or any other nationalised bank. explanation.in subsection nationalised bank means a corresponding new bank as defined in the banking companies acquisition and transfer of undertakings act, 5 of and the banking companies acquisition and transfer of undertakings act, 44 of . 3 the said fund shall be applied towards meeting the administrative and other expenses of the national dairy development board, including expenses incurred in the exercise of the powers and the discharge of its functions and responsibilities under section 16 or in relation to any of the activities referred to therein or for anything relatable thereto.

section 27. of the national dairy development board act : 1 the balancesheet and accounts of the national dairy development board shall be prepared in such form and in such manner as may be prescribed. 2 the board shall cause the books and accounts of the national dairy development board to be closed and balanced as on the 31st day of march each year or such other date as the board may, with the concurrence of the central government, decide.

section 32., of board. of the national dairy development board act : no act or proceeding of the board or of any committee of the national dairy development board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may be.

section 28. of the national dairy development board act : 1 the accounts of the national dairy development board shall be audited by auditors duly qualified to act as auditors of companies under the companies act, and the appointment of auditors and remuneration payable to them shall be subject to the approval of the central government. 2 every auditor in the performance of his duties shall have at all reasonable times access to books, accounts and other documents of the national dairy development board. 3 the auditors shall submit their report to the board which shall forward a copy of their report to the central government.

section 29. of the national dairy development board act : the central government shall cause the report of the auditors under section 28 to be laid before both the houses of parliament as soon as may be after such report is received by the central government.

section 31. of the national dairy development board act : show related subordinates 1 where any person, in breach of any agreement, makes any default in the repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to the guarantee given by the national dairy development board or otherwise fails to comply with the terms of agreement with the board or where the board requires any person to make immediate repayment of any loan or advance under section 30 and the person fails to make such repayment, then, without prejudice to the provisions of section 69 of the transfer of property act, 4 of , any officer of the national dairy development board, generally or specially authorised by the board in this behalf, may apply to the court for one or more of the following reliefs, namely: a for an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the national dairy development board as security for the loan or advance or b for transferring the management of any organisation to the national dairy development board or c for an ad interim injunction where there is apprehension that the machinery or other equipment is being removed from the premises of the organisation without due permission. 2 the procedure for making an application under subsection 1 and for the disposal thereof shall be such as may be prescribed. regulations yeardescriptionfiles national dairy development board enforcement of claims regulations,

section 30. of the national dairy development board act : show related subordinates notwithstanding anything contained in any agreement to the contrary, the board may, by notice in writing, require any person to which the national dairy development board or the society or the dissolved company has granted any loan or advance, to discharge forthwith in full, its liabilities to the board, a if it appears to the board that any false or misleading information in any material particular was given in the application for the loan or advance or b if the person has failed to comply with the terms of its contract in the matter of the loan or advance or c if there is a reasonable apprehension that the person is unable to pay his debts or that proceedings for liquidation may be commenced in respect thereof or d if the property pledged, mortgaged, hypothecated or assigned as security for the loan or advance is not insured and kept insured by the person to the satisfaction of the board or depreciates in value to such an extent that, in the opinion of the board, further security to the satisfaction of the board should be given and such security is not given after demand or e if, without due permission, any machinery, plant or other equipment whether forming part of security or not is removed from the concerned premises without being replaced or f if it appears to the board that any condition in the loan agreement relating to the supply of goods or implementation of the project is being substantially violated or g if, for any other reason, the board considers it necessary so to do for protecting the interests of the national dairy development board. regulations yeardescriptionfiles national dairy development board enforcement of claims regulations,

section 33. of the national dairy development board act : no suit or other legal proceeding shall lie against the national dairy development board or any director or any officer or other employee of the board or any other person authorised by the board to discharge any functions under this act, for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or of any other law or provision having the force of law.

section 34. of the national dairy development board act : every director shall be indemnified by the national dairy development board against all losses and expenses incurred by him, in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default.

section 35. of the national dairy development board act : 1 the board shall not, except as otherwise required by this act or any other law, divulge any information relating to, or to the affairs of, the national dairy development board or of the society or of the dissolved company except in circumstances in which it is in accordance with the law or practice and usage customary among financial institutions, necessary or appropriate for the board to divulge such information. 2 every director, member of a committee, auditor or officer or other employee of the national dairy development board shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule.

section 36. of the national dairy development board act : nothing contained in chapter v shall be deemed to prejudice the right of the national dairy development board to create such number of additional posts or to appoint such number of additional officers or other employees as it may consider necessary or desirable for the efficient discharge of the functions of the national dairy development board and where any such officer or other employee is appointed, the terms and conditions of service, including inter se seniority, may also be determined by the board.

section 37. of the national dairy development board act : no provision of any law relating to the winding up of companies or corporations shall apply to the national dairy development board and it shall not be placed in liquidation save by an order of the central government and in such manner as it may direct.

section 38. of the national dairy development board act : 1 the central government may, on the recommendation of the national dairy development board, if satisfied that it is necessary so to do in the public interest, make any scheme for the purpose of enabling the national dairy development board to undertake and perform any of the activities or functions of the central government relatable to dairy, foodstuffs and connected industries, particularly with reference to matters related to the development of the national milk grid by the regulation of the production, procurement, marketing, exportimport, maintenance of standards or such like activities including the collection and compilation of statistics and relevant data. 2 every scheme made under subsection 1 shall be published in the official gazette and may contain such conditions, restrictions or limitations as the central government may deem fit to impose.

section 39. of the national dairy development board act : any auditor appointed in relation to the society or the dissolved company, functioning immediately before the appointed day, may, notwithstanding anything contained in this act, be continued by the national dairy development board for such period and on such terms as may be considered necessary.

section 40. of the national dairy development board act : the chairman of the society, holding office immediately before the appointed day, shall be the chairman of the national dairy development board until a chairman is nominated in accordance with the provisions of this act and he shall be competent to perform the functions of the board until the constitution of the board under this act.

section 41. of the national dairy development board act : for the removal of doubts, it is hereby declared that where, before the appointed day, either the society or the dissolved company was managing any other organisation or rendering any technical or other assistance to any organisation or person, the national dairy development board may continue to render the same or similar service to such extent, for such period and with such modifications as the board may deem fit.

section 42. of the national dairy development board act : the undertaking known as the mother dairy, delhi, shall, on and from the appointed day, become a subsidiary unit of the national dairy development board but shall retain its separate character, unless otherwise decided by the board.

section 43. of the national dairy development board act : 1 where the board considers it necessary so to do, for the implementation of any of its objectives, it may, subject to the previous approval of the central government form one or more companies either by itself or in conjunction with any of its subsidiaries or with any other undertaking. 2 where any company has been formed in pursuance of subsection 1, a in the case of a company formed by the board by itself or along with its subsidiaries, it may contribute such capital, transfer such of its assets or render such assistance, as may be required, so as to enable the company so formed to function and b in any other case, it may contribute capital, transfer assets or render assistance in such manner and to such extent as the board may deem fit subject to specific previous approval of the central government in that regard.

section 44. omitted of the national dairy development board act : exemption from tax on income omitted by act 20 of 20 of s.162 w.e.f. .

section 45. of the national dairy development board act : the national dairy development board shall furnish, from time to time, to the central government such returns as the central government may require.

section 49. of the national dairy development board act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no such order shall be made after the expiry of five years from the appointed day. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 50. of the national dairy development board act : every scheme and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and, if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or regulation or both houses agree that the scheme or regulation should not be made, the scheme or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme or regulation.

section 46. of the national dairy development board act : any scheme or regulation made under this act in relation to conditions of service or like matters of officers or other employees of the national dairy development board, may be made retrospectively from any date not earlier than the appointed day.

section 47. of the national dairy development board act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the companies act, the industrial disputes act, 14 of or any other law for the time being in force or in any instrument having effect by virtue of any law other than this act, or in any decree or order of any court, tribunal or other authority.

section 48. of the national dairy development board act : show related subordinates 1 the board may, by notification in the gazette of india, make regulations not inconsistent with the provisions of this act and the schemes made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the procedure to be followed for the transaction of business at the meetings of the board and the number of members which shall form quorum at a meeting under subsection 1 of section 10 b the allowances to be paid to the members of any management committee, other than the chairman and wholetime directors, for attending the meetings of the management committee or for attending to any other work of the national dairy development board under subsection 1 of section 13 and the other matters pertaining to the conduct of proceedings of the management committees under subsection 2 of that section c the higher grade for the purposes of clause a of section 15 d the particulars of the steps for the advancement of the health, education or other interests of the officers and other employees or their families as referred to in subsection 4 of section 22 e the matters of detail regarding establishment or maintenance of funds referred to in subsection 5 of section 22 f the conditions subject to which sums of money are to be deposited under subsection 2 of section 26 g the form and manner in which the balancesheet and accounts of the national dairy development board shall be prepared under subsection 1 of section 27 h the procedure for making an application under subsection 1 of section 31 and for the disposal thereof under subsection 2 of that section i conditions of service of officers and other employees j any other matter which is to be, or may be, prescribed.

section 8. of the state of arunachal pradesh act : 1 on and from the appointed day, the allocation of seats to the state of arunachal pradesh in the house of the people shall be two and the first schedule to the representation of the people act, 43 of , shall be deemed to be amended accordingly. 2 on and from the appointed day, the two parliamentary constituencies of the existing union territory of arunachal pradesh shall be deemed to be the parliamentary constituencies of the state of arunachal pradesh and the delimitation of parliamentary and assembly constituencies order, , shall be construed accordingly.

section 1. of the state of arunachal pradesh act : this act may be called the state of arunachal pradesh act, .

section 7. of the state of arunachal pradesh act : amendment of section 27a of act 43 of .rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f.

section 9. of the state of arunachal pradesh act : the sitting members of the house of the people representing the constituencies which, on the appointed day, by virtue of the provisions of section 8 become the constituencies of the state of arunachal pradesh shall be deemed to have been elected under subclause a of clause 1 of article 81 to the house of the people by those constituencies.

section 3. of the state of arunachal pradesh act : on and from the appointed day, there shall be established a new state, to be known as the state of arunachal pradesh comprising the territories which immediately before that day were comprised in the existing union territory of arunachal pradesh.

section 10. of the state of arunachal pradesh act : 110. provision as to legislative assembly.the total number of seats in the legislative assembly of the state of arunachal pradesh, to be filled by persons chosen by direct election from assembly constituencies shall be sixty, out of which fiftynine seats shall be reserved for the scheduled tribes and the provisions of the representation of the people act, 43 of shall be deemed to be amended accordingly. 1. subs. by act 52 of , s. 2, for section 10 w.e.f. .

section 4. of the state of arunachal pradesh act : amendment of first schedule to the constitution. rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 2. of the state of arunachal pradesh act : in this act, unless the context otherwise requires, a administrator means the administrator appointed by the president under article 239 b appointed day1 means the day which the central government may, by notification in the official gazette, appoint c article means an article of the constitution d election commission means the election commission appointed by the president under article 324 e existing union territory of arunachal pradesh means the union territory of arunachal pradesh as existing immediately before the appointed day f law includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing union territory of arunachal pradesh g sitting member, in relation to either house of parliament or of the legislative assembly of the existing union territory of arunachal pradesh, means a person who, immediately before the appointed day, is a member of that house or that assembly h treasury includes a subtreasury. 1. 20th february, , vide notification no. s.o. 74e, dated 11th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 5. of the state of arunachal pradesh act : amendment of fourth schedule to the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 12. of the state of arunachal pradesh act : the persons who immediately before the appointed day are the speaker and the deputy speaker of the legislative assembly of the union territory of arunachal pradesh, shall be the speaker and the deputy speaker, respectively, of the provisional legislative assembly of the state of arunachal pradesh on and from that day.

section 6. of the state of arunachal pradesh act : 1 on and from the appointed day, the sitting member of the council of states representing the existing union territory of arunachal pradesh shall be deemed to have been duly elected under clause 4 of article 80 to fill the seat allotted to the state of arunachal pradesh in that council. 2 the term of office of such sitting member shall remain unaltered.

section 11. of the state of arunachal pradesh act : 1 notwithstanding anything contained in this act including provisions relating to the strength of the legislative assembly of the state of arunachal pradesh, on and from the appointed day and until the legislative assembly of that state has been duly constituted and summoned to meet for the first session, there shall be a provisional legislative assembly 1which shall consist of a members elected by the territorial constituencies of and b members nominated to, the legislative assembly of the existing union territory of arunachal pradesh. 2 the period of five years referred to in clause 1 of article 172 shall, in the case of the provisional legislative assembly referred to in subsection 1, be deemed to have commenced on the day on which the duration of the existing legislative assembly of the union territory of arunachal pradesh commenced under section 5 of the government of union territories act, 20 of . 23 for so long as the provisional legislative assembly constituted under this section is in existence, a it shall be deemed to be the legislative assembly of the state of arunachal pradesh duly constituted under the constitution and shall be competent to discharge all the functions of a legislative assembly of a state under the constitution and b the members thereof, referred to in clause a of subsection 1, shall be deemed to be the members of the legislative assembly of the state of arunachal pradesh duly elected under the constitution. 1. subs. by act 19 of , s. 2, for certain words w.e.f. . 2. subs. by s. 2, ibid., for subsection 3 w.e.f. .

section 13. of the state of arunachal pradesh act : the rules of procedure and conduct of business of the legislative assembly of the existing union territory of arunachal pradesh as in force immediately before the appointed day shall, until rules are made under clause 1 of article 208, be the rules of procedure and conduct of business of the provisional legislative assembly of the state of arunachal pradesh, subject to such modifications and adaptations as may be made therein by the speaker thereof.

section 14. of the state of arunachal pradesh act : 1 the election commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the legislative assembly of the state of arunachal pradesh under section 10 to singlemember territorial constituencies and delimit them having regard to the provisions of the constitution and to the following provisions, namely: a all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience and b constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest. 2 for the purpose of assisting it in the performance of its functions under subsection 1, the election commission shall associate with itself as associate members, a the sitting members of the house of the people referred to in section 9 and b such six of the members of the legislative assembly of the existing union territory of arunachal pradesh or, as the case may be, the provisional legislative assembly referred to in section 11 as the speaker thereof may nominate: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission. 3 if, owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of subsection 2. 4 the election commission shall a publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the official gazette and in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it b consider all objections and suggestions which may have been received by it before the date so specified c after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. 5 as soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the legislative assembly of the existing union territory of arunachal pradesh or, as the case may be, the provisional legislative assembly referred to in section 11.

section 19. of the state of arunachal pradesh act : 1 on and from the appointed day, a in the advocates act, 25 of , in section 3, in subsection 1, for clause b, the following clause shall be substituted, namely: b for the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura to be known as the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh b the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram shall be deemed to be the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh. 2 any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall be entitled to practise as an advocate in the common high court. 3 all persons who, immediately before the appointed day, are advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, as from that day, become advocates on the roll of the bar council of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh. 4 the right of audience in the common high court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram: provided that as among the advocatesgeneral of the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura, the right of audience shall be determined with reference to their dates of enrolment as advocates.

section 20. of the state of arunachal pradesh act : subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with the necessary modifications, apply in relation to the common high court.

section 15. of the state of arunachal pradesh act : 1 the election commission may, from time to time, by notification in the official gazette, a correct any printing mistake in any order made under section 14 or any error arising therein from inadvertent slip or omission b where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate. 2 every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the legislative assembly of the existing union territory of arunachal pradesh, the provisional legislative assembly referred to in section 11 or the legislative assembly of the state of arunachal pradesh, as the case may be.

section 21. of the state of arunachal pradesh act : the law in force immediately before the appointed day with respect to the custody of the seal of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with the necessary modifications, apply with respect to the custody of the seal of the common high court.

section 16. of the state of arunachal pradesh act : amendment of scheduled castes orders.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 18. of the state of arunachal pradesh act : 1 on and from the appointed day, a there shall be a common high court for the states of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh to be called the gauhati high court the high court of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh hereinafter referred to as the common high court b the judges of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram holding office immediately before that day shall, unless they have elected otherwise, become on that day the judges of the common high court. 2 the expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated amongst the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura in such proportion as the president may, by order, determine.

section 17. of the state of arunachal pradesh act : amendment of scheduled tribes orders.rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 22. of the state of arunachal pradesh act : the law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common high court.

section 23. of the state of arunachal pradesh act : the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common high court.

section 24. of the state of arunachal pradesh act : 1 the principal seat of the common high court shall be at the same place at which the principal seat of the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram is located immediately before the appointed day. 2 the president may, by notified order, provide for the establishment of a permanent bench or benches of the common high court at one or more places within the territories to which the jurisdiction of the high court extends, other than the principal seat of the high court, and for any matters connected therewith: provided that before issuing any order under this subsection, the president shall consult the chief justice of the common high court and the governor of the state in which the bench or benches is or are proposed to be established. 3 notwithstanding anything contained in subsection 1 or sub section 2, the judges and division courts of the common high court may also sit at such other place or places in the states of assam, nagaland, meghalaya, manipur, tripura, mizoram and arunachal pradesh as the chief justice may, with the approval of the governor of the state concerned, appoint.

section 29. of the state of arunachal pradesh act : nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other authority having power to make such provisions.

section 30. of the state of arunachal pradesh act : 1 the president may, at any time before the appointed day, authorise by order such expenditure from the consolidated fund of the state of arunachal pradesh as he deems necessary for a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of arunachal pradesh: provided that the governor of arunachal pradesh may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of arunachal pradesh for any period not extending beyond the said period of six months. 2 the president or, as the case may be, the governor of arunachal pradesh shall make separate orders under subsection 1 in respect of periods falling in different financial years.

section 25. of the state of arunachal pradesh act : the law in force immediately before the appointed day relating to appeals to the supreme court from the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram and the judges and division courts thereof shall, with the necessary modifications, apply in relation to the common high court.

section 26. of the state of arunachal pradesh act : 1 all proceedings pending in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram immediately before the appointed day shall, from such day, stand transferred to the common high court. 2 every proceeding transferred under subsection 1 shall be disposed of by the common high court as if such proceeding was entertained by that high court.

section 31. of the state of arunachal pradesh act : 1 the reports of the comptroller and auditorgeneral of india referred to in section 49 of the government of union territories act, 20 of , relating to the accounts of the exising union territory of arunachal pradesh in respect of any period prior to the appointed day, shall be submitted to the governor of arunachal pradesh who shall cause them to be laid before the legislative assembly of the state. 2 the governor may, by order, a declare any expenditure incurred out of the consolidated fund of the existing union territory of arunachal pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in subsection 1 to have been duly authorised, and b provide for any action to be taken on any matter arising out of the said reports.

section 28. of the state of arunachal pradesh act : any person who, immediately before the appointed day, is an advocate entitled to practise in the high court of assam, nagaland, meghalaya, manipur, tripura and mizoram and was authorised to appear or to act in any proceedings transferred from the said high court to the common high court under section 26 shall have the right to appear or to act, as the case may be, in the common high court in relation to those proceedings.

section 27. of the state of arunachal pradesh act : for the purposes of section 26, a proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs and b references to a high court shall be construed as including references to a judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge.

section 32. of the state of arunachal pradesh act : the allowances and privileges of the governor of arunachal pradesh shall, until, the governors emoluments, allowances and privileges act, 43 of , comes into force, be such as the president may, by order, determine.

section 33. of the state of arunachal pradesh act : the president shall, by order, determine the grantsinaid of the revenues of the state of arunachal pradesh and the share of that state in the union duties of excise, estate duty and taxes on income and for that purpose amend thereby the relevant provisions of the additional duties of excise goods of special importance act, 58 of , the union duties of excise distribution act, 24 of , the estate duty distribution act, 9 of and the constitution distribution of revenues order, in such manner as he thinks fit.

section 34. of the state of arunachal pradesh act : 1 all such property and assets within the existing union territory of arunachal pradesh as are held immediately before the appointed day by the union for purposes of governance of that union territory shall, on and from that day, pass to the state of arunachal pradesh unless the purposes for which such property and assets are so held are union purposes: provided that the cash balances in the treasuries in the existing union territory of arunachal pradesh before the appointed day shall, as from that day, vest in the state of arunachal pradesh. 2 all rights, liabilities and obligations other than those relatable to, or in connection with, a union purpose, whether arising out of any contract or otherwise, which are, immediately before the appointed day, a the rights, liabilities and obligations of the central government arising out of, or in connection with, the governance of the existing union territory of arunachal pradesh or b the rights, liabilities and obligations of the administrator of the existing union territory of arunachal pradesh in his capacity as such, or of the government of that union territory, shall, on and from the appointed day, be the rights, liabilities and obligations of the government of the state of arunachal pradesh. 3 the right to recover arrears of a any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution or b any duty referred to in article 268 or c any tax under the central sales tax act, 74 of , which have fallen due in the existing union territory of arunachal pradesh, shall pass to the state of arunachal pradesh. 4 the provisions of this section shall not apply to, or in relation to, a any institution, undertaking or project the expenditure in relation to which is, immediately before the appointed day, met from and out of the consolidated fund of india b any property which has been placed by the union at the disposal of the administration of the existing union territory of arunachal pradesh subject to the condition that the ownership thereof will continue to vest in the union. explanation.for the purposes of this section, a liability includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong b union purposes means the purposes of government relatable to any of the matters mentioned in the union list.

section 39. of the state of arunachal pradesh act : the central government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to a the discharge of its functions under this part and b the ensuring of fair and equitable treatment to all persons affected by the provisions of this part and the proper consideration of any representations made by such persons.

section 35. of the state of arunachal pradesh act : every member of the indian administrative service, the indian police service and the indian forest service who, immediately before the appointed day, is holding any post in the existing union territory of arunachal pradesh shall, until otherwise directed by the central government, be deemed to be on deputation, on and from the appointed day, to the government of the state of arunachal pradesh on the same terms and conditions of service as are applicable to him under the relevant cadre rules: provided that the period of such deputation shall in no case extend beyond a period of three years from the appointed day. explanation.in this section, cadre rules means the indian administrative service cadre rules, , the indian police service cadre rules, or the indian forest service cadre rules, , as the case may be.

section 40. of the state of arunachal pradesh act : notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed under the provisions of this part on the expiry of three months from the date of publication or service, whichever is earlier, of such order: provided that the central government may, suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it is necessary so to do in order to prevent any miscarriage of justice to any affected person.

section 36. of the state of arunachal pradesh act : 1 every person who immediately before the appointed day is serving in connection with the affairs of the union under the administrative control of the administrator of the existing union territory of arunachal pradesh shall, unless otherwise directed by an order of the central government, be deemed to have been allocated for service as from that day in connection with the affairs of the state of arunachal pradesh: provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day. 2 the provisions of this section shall not apply in relation to persons to whom the provisions of section 35 apply.

section 37. of the state of arunachal pradesh act : 1 nothing in this section or section 36 shall be deemed to affect on or after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the state of arunachal pradesh: provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 36 shall not be varied to his disadvantage except with the previous approval of the central government. 2 all services prior to the appointed day rendered by a person deemed to have been allocated under section 36 in connection with the administration of the existing union territory of arunachal pradesh, shall be deemed to have been rendered in connection with the affairs of the state of arunachal pradesh for the purposes of the rules regulating his conditions of service.

section 38. of the state of arunachal pradesh act : every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing union territory of arunachal pradesh shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of, or other appropriate authority in, the state of arunachal pradesh on the same terms and conditions of appointment and on the same tenure as he was holding the post or office immediately before that day: provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.

section 43. of the state of arunachal pradesh act : amendment of act 28 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 41. of the state of arunachal pradesh act : the central government may give such directions to the government of the state of arunachal pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the state government shall comply with such directions.

section 42. of the state of arunachal pradesh act : amendment of article 210, article 239a and article 240 of the constitution.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 48. of the state of arunachal pradesh act : all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory of arunachal pradesh or any part thereof immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of this act or until other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions.

section 44. of the state of arunachal pradesh act : amendment of act 20 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 50. of the state of arunachal pradesh act : 1 if any difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall be made after the expiry of three years from the appointed day. 2 every order made under this section shall be laid before each house of parliament.

section 45. of the state of arunachal pradesh act : amendment of act 84 of .rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 46. of the state of arunachal pradesh act : 1 all laws in force, immediately before the appointed day, in the existing union territory of arunachal pradesh shall continue to be in force in the state of arunachal pradesh until altered, repealed or amended by a competent legislature or other competent authority. 2 for the purpose of facilitating the application in relation to the state of arunachal pradesh of any law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority. explanation.in this section, the expression appropriate government means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government and as respects any other law, the government of the state of arunachal pradesh.

section 51. of the state of arunachal pradesh act : 1 the central government may, by notification in the official gazette, make rules to give effect to the provisions of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 47. of the state of arunachal pradesh act : notwithstanding that no provision or insufficient provision has been made under section 46 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of arunachal pradesh, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

section 49. of the state of arunachal pradesh act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 7. of the legal services authorities act : 1 it shall be the duty of the state authority to give to effect to the policy and directions of the central authority. 2 without prejudice to the generality of the functions referred to in subsection 1, the state authority shall perform all or any of the following functions, namely: a give legal service to persons who satisfy the criteria laid down under this act b conduct 1 lok adalats, including lok adalats for high court cases c undertake preventive and strategic legal aid programmes and d perform such other functions as the state authority may, in consultation with the 2 central authority, fix by regulations. 1. subs. by act 59 of , s. 6, for lok adalats w.e.f. . 2. subs. by s. 6, ibid., for central government w.e.f. .

section 1. of the legal services authorities act : show related subordinates this act may be called the legal services authorities act, . 2 it extends to the whole of india, 1. 3 it shall come into force on such date2 as the central government may, by notification, appoint and different dates may be appointed for different provisions of this act and for different states, and any reference to commencement in any provision of this act in relation to any state shall be construed as a reference to the commencement of that provision in that state. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 9th november, , vide notification no. s.o. 893e, dated 9th november, , see gazette of india, extraordinary,

section 3. of the legal services authorities act : 1 3. constitution of the national legal services authority.1 the central government shall constitute a body to be called the national legal services authority to exercise the powers and perform the functions conferred on, or assigned to, the central authority under this act. 2 the central authority shall consist of a the chief justice of india who shall be the patroninchief b a serving or retired judge of the supreme court to be nominated by the president, in consultation with the chief justice of india, who shall be the executive chairman and c such number of other members, possessing such experience and qualifications, as may be prescribed by the central government, to be nominated by that government in consultation with the chief justice of india. 3 the central government shall, in consultation with the chief justice of india, appoint a person to be the membersecretary of the central authority, possessing such experience and qualifications as may be prescribed by that government, to exercise such powers and perform such duties under the executive chairman of the central authority as may be prescribed by that government or as may be assigned to him by the executive chairman of that authority. 4 the terms of office and other conditions relating thereto, of members and the membersecretary of the central authority shall be such as may be prescribed by the central government in consultation with the chief justice of india. 5 the central authority may appoint such number of officers and other employees as may be prescribed by the central government, in consultation with the chief justice of india, for the efficient discharge of its functions under this act. 6 the officers and other employees of the central authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the central government in consultation with the chief justice of india. 7 the administrative expenses of the central authority, including the salaries, allowances and pensions payable to the membersecretary, officers and other employees of the central authority, shall be defrayed out of the consolidated fund of india. 8 all orders and decisions of the central authority shall be authenticated by the membersecretary or any other officer of the central authority duly authorised by the executive chairman of that authority. 9 no act or proceeding of the central authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the central authority. 1. subs. by s. 3, ibid., for section 3 w.e.f. .

section 6. of the legal services authorities act : 1 6. constitution of state legal services authority.1 every state government shall constitute a body to be called the legal services authority for the state to exercise the powers and perform the functions conferred on, or assigned to, a state authority under this act. 2 a state authority shall consist of a the chief justice of the high court who shall be the patroninchief b a serving or retired judge of the high court, to be nominated by the governor, in consultation with the chief justice of the high court, who shall be the executive chairman and c such number of other members, possessing such experience and qualifications as may be prescribed by the state government, to be nominated by that government in consultation with the chief justice of the high court. 3 the state government shall, in consultation with the chief justice of the high court, appoint a person belonging to the state higher judicial service, not lower in rank than that of a district judge, as the membersecretary of the state authority, to exercise such powers and perform such duties under the executive chairman of the state authority as may be prescribed by that government or as may be assigned to him by the executive chairman of that authority. provided that a person functioning as secretary of a state legal aid and advice board immediately before the date of constitution of the state authority may be appointed as membersecretary of that authority, even if he is not qualified to be appointed as such under this subsection, for a period not exceeding five years. 4 the terms of office and other conditions relating thereto, of members and the membersecretary of the state authority shall be such as may be prescribed by the state government in consultation with the chief justice of the high court. 5 the state authority may appoint such number of officers and other employees as may be prescribed by the state government, in consultation with the chief justice of the high court, for the efficient discharge of its functions under this act. 6 the officers and other employees of the state authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the state government in consultation with the chief justice of the high court. 7 the administrative expenses of the state authority, including the salaries, allowances and pensions payable to the membersecretary, officers and other employees of the state authority shall be defrayed out of the consolidated fund of the state. 8 all orders and decisions of the state authority shall be authenticated by the membersecretary or any other officer of the state authority duly authorised by the executive chairman of the state authority. 9 no act or proceeding of a state authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the state authority. 1 subs. by s. 5, ibid., for section 6 w.e.f. .

section 3a. of the legal services authorities act : 1 the central authority shall constitute a committee to be called the supreme court legal services committee for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the central authority. 2 the committee shall consist of a a sitting judge of the supreme court who shall be the chairman and b such number of other members possessing such experience and qualifications as may be prescribed by the central government, to be nominated by the chief justice of india. 3 the chief justice of india shall appoint a person to be the secretary to the committee, possessing such experience and qualifications as may be prescribed by the central government. 4 the terms of office and other conditions relating thereto, of the members and secretary of the committee shall be such as may be determined by regulations made by the central authority. 5 the committee may appoint such number of officers and other employees as may be prescribed by the central government, in consultation with the chief justice of india, for the efficient discharge of its functions. 6 the officers and other employees of the committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the central government in consultation with the chief justice of india.

section 8., and be subject to directions given by the central authority. of the legal services authorities act : 1 8. state authority to act in coordination with other agencies., etc., and be subject to directions given by the central authority.in the discharge of its functions the state authority shall appropriately act in coordination with other governmental agencies, nongovernmental voluntary social service institutions, universities and other bodies engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the central authority may give to it in writing. 1. subs. by s. 7, ibid., for sections 8 and 9 w.e.f. .

section 2. of the legal services authorities act : in this act, unless the context otherwise requires, 1 a case includes a suit or any proceeding before a court aa central authority means the national legal services authority constituted under section 3 aaa court means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasijudicial functions b district authority means a district legal services authority constituted under section 9 2 bb high court legal services committee means a high court legal services committee constituted under section 8a c legal service includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter d lok adalat means a lok adalat organised under chapter vi e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act 2 ff regulations means regulations made under this act g scheme means any scheme framed by the central authority, a state authority or a district authority for the purpose of giving effect to any of the provisions of this act h state authority means a state legal services authority constituted under section 6 i state government includes the administrator of a union territory appointed by the president under article 239 of the constitution 3 j supreme court legal services committee means the supreme court legal services committee constituted under section 3a k taluk legal services committee means a taluk legal services committee constituted under section 11a. 2 any reference in this act to any other enactment or any provision thereof shall, in relation to an area in which such enactment or provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. subs. by act 59 of , s. 2, for clause a w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. ins. by act 59 of , s. 2 w.e.f. .

section 8a. of the legal services authorities act : 1 the state authority shall constitute a committee to be called the high court legal services committee for every high court, for the purpose of exercising such powers and performing such functions as may be determined by regulations made by the state authority. 2 the committee shall consist of a a sitting judge of the high court who shall be the chairman and b such number of other members possessing such experience and qualifications as may be determined by regulations made by the state authority, to be nominated by the chief justice of the high court. 3 the chief justice of the high court shall appoint a secretary to the committee possessing such experience and qualifications as may be prescribed by the state government. 4 the terms of office and other conditions relating thereto, of the members and secretary of the committee shall be such as may be determined by regulations made by the state authority. 5 the committee may appoint such number of officers and other employees as may be prescribed by the state government in consultation with the chief justice of the high court for the efficient discharge of its functions. 6 the officers and other employees of the committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the state government in consultation with the chief justice of the high court.

section 4. of the legal services authorities act : the central authority shall 1 perform all or any of the following functions, namely: a lay down policies and principles for making legal services available under the provisions of this act b frame the most effective and economical schemes for the purpose of making legal services available under the provisions of this act c utilise the funds at its disposal and make appropriate allocations of funds to the state authorities and district authorities d take necessary steps by way of social justice litigation with regard to consumer protection, environmental protection or any other matter of special concern to the weaker sections of the society and for this purpose, give training to social workers in legal skills e organise legal aid camps, especially in rural areas, slums or labour colonies with the dual purpose of educating the weaker sections of the society as to their rights as well as encouraging the settlement of disputes through lok adalats f encourage the settlement of disputes by way of negotiations, arbitration and conciliation g undertake and promote research in the field of legal services with special reference to the need for such services among the poor h to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under part iva of the constitution i monitor and evaluate implementation of the legal aid programmes at periodic intervals and provide for independent evaluation of programmes and schemes implemented in whole or in part by funds provided under this act 2 j provide grantsinaid for specific schemes to various voluntary social service institutions and the state and district authorities, from out of the amounts placed at its disposal for the implementation of the legal services schemes under the provisions of this act k develop, in consultation with the bar council of india, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions l take appropriate measures for spreading legal literacy and legal awareness amongst the people and, in particular, to educate weaker sections of the society about the rights, benefits and privileges guaranteed by social welfare legislations and other enactments as well as administrative programmes and measures m make special efforts to enlist the support of voluntary social welfare institutions working at the grassroot level, particularly among the scheduled castes and the scheduled tribes, women and rural and urban labour and n coordinate and monitor the functioning of 3 state authorities, district authorities, supreme court legal services committee, high court legal services committees, taluk legal services committees and voluntary social service institutions and other legal services organisations and give general directions for the proper implementation of the legal services programmes. 1. the words , subject to the general directions of the central government, omitted by act of 59 of , s. 4 w.e.f. . 2. subs. by act 59 of , s. 4, for clause j w.e.f. . 3. subs. by s. 4, ibid., for state and district authorities and other voluntary social welfare institutions w.e.f. .

section 9. of the legal services authorities act : 1 the state government shall, in consultation with the chief justice of the high court, constitute a body to be called the district legal services authority for every district in the state to exercise the powers and perform the functions conferred on, or assigned to, the district authority under this act. 2 a district authority shall consist of a the district judge who shall be its chairman and b such number of other members, possessing such experience and qualifications, as may be prescribed by the state government, to be nominated by that government in consultation with the chief justice of the high court. 3 the state authority shall, in consultation with the chairman of the district authority, appoint a person belonging to the state judicial service not lower in rank than that of a subordinate judge or civil judge posted at the seat of the district judiciary as secretary of the district authority to exercise such powers and perform such duties under the chairman of that committee as may be assigned to him by such chairman. 4 the terms of office and other conditions relating thereto, of members and secretary of the district authority shall be such as may be determined by regulations made by the state authority in consultation with the chief justice of the high court. 5 the district authority may appoint such number of officers and other employees as may be prescribed by the state government in consultation with the chief justice of the high court for the efficient discharge of its functions. 6 the officers and other employees of the district authority shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the state government in consultation with the chief justice of the high court. 7 the administrative expenses of every district authority, including the salaries, allowances and pensions payable to the secretary, officers and other employees of the district authority, shall be defrayed out of the consolidated fund of the state. 8 all orders and decisions of the district authority shall be authenticated by the secretary or by any other officer of the district authority duly authorised by the chairman of that authority. 9 no act or proceeding of the district authority shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the district authority.

section 5. of the legal services authorities act : in the discharge of its functions under this act, the central authority shall, wherever appropriate, act in coordination with other governmental and nongovernmental agencies, universities and others engaged in the work of promoting the cause of legal services to the poor.

section 11. of the legal services authorities act : in the discharge of its functions under this act, the district authority shall, wherever appropriate, act in coordination with other governmental and nongovernmental institutions, universities and others engaged in the work of promoting the cause of legal services to the poor and shall also be guided by such directions as the central authority or the state authority may give to it in writing.

section 10. of the legal services authorities act : 1 it shall be the duty of every district authority to perform such of the functions of the state authority in the district as may be delegated to it from time to time by the state authority. 2 without prejudice to the generality of the functions referred to in subsection 1, the district authority may perform all or any of the following functions, namely: 1 a coordinate the activities of the taluk legal services committee and other legal services in the district b organise lok adalats within the district and c perform such other functions as the state authority may 2 fix by regulations 1. subs. by act 59 of , s. 8, for clause a w.e.f. . 2. the words , in consultation with the state government, omitted by act 59 of , s. 8 w.e.f.

section 13. of the legal services authorities act : 1 persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned authority is satisfied that such person has a prima facie case to prosecute or to defend. 2 an affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this act unless the concerned authority has reason to disbelieve such affidavit.

section 11a. of the legal services authorities act : 1 11a. taluk legal services committee.1 the state authority may constitute a committee, to be called the taluk legal services committee, for each taluk or mandal or for group of taluks or mandals. 2 the committee shall consist of a the 2 seniormost judicial officer operating within the jurisdiction of the committee who shall be the ex officio chairman and b such number of other members, possessing such experience and qualifications, as may be prescribed by the state government, to be nominated by that government in consultation with the chief justice of the high court. 3 the committee may appoint such number of officers and other employees as may be prescribed by the state government in consultation with the chief justice of the high court for the efficient discharge of its functions. 4 the officers and other employees of the committee shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed by the state government in consultation with the chief justice of the high court. 5 the administrative expenses of the committee shall be defrayed out of the district legal aid fund by the district authority. 1. ins. by s. 9, ibid. w.e.f. . 2. subs. by act 37 of , s. 2, for senior civil judge w.e.f. .

section 16. of the legal services authorities act : 1 a state authority shall establish a fund to be called the state legal aid fund and there shall be credited thereto a all sums of money paid to it or any grants by the central authority for the purposes of this act b any grants or donations that may be made to the state authority by the state government or by any person for the purposes of this act c any other amount received by the state authority under the orders of any court or from any other source. 2 a state legal aid fund shall be applied for meeting a the cost of functions referred to in section 7 1 b the cost of legal services provided by the high court legal services committee c any other expenses which are required to be met by the state authority. 1. subs. by act 59 of , s. 12, for clause b w.e.f. .

section 11b. of the legal services authorities act : the taluk legal services committee may perform all or any of the following functions, namely: a coordinate the activities of legal services in the taluk b organise lok adalats within the taluk and c perform such other functions as the district authority may assign to it.

section 12. of the legal services authorities act : every person who has to file or defend a case shall be entitled to legal services under this act if that person is a a member of a scheduled caste or scheduled tribe b a victim of trafficking in human beings or begar as referred to in article 23 of the constitution c a woman or a child 1 d a person with disability as defined in clause i of section 2 of the persons with disabilities equal opportunities, protection of rights and full participation act, 1 of e a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster or f an industrial workman or g in custody, including custody in a protective home within the meaning of clause g of section 2 of the immoral traffic prevention act, of , or in a juvenile home within the meaning of clause j of section 2 of the juvenile justice act, 53 of , or in a psychiatric hospital or psychiatric nursing home within the meaning of clause g of section 2 of the mental health act, 14 of or 2 h in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the state government, if the case is before a court other than the supreme court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the central government, if the case is before the supreme court. 1. subs. by act 1 of , s. 74, for clause d w.e.f. . 2. subs. by act 59 of , s. 10, for clause h w.e.f. .

section 14. of the legal services authorities act : the central government shall, after due appropriation made by parliament by law in this behalf, pay to the central authority, by way of grants, such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 15. of the legal services authorities act : 1 the central authority shall establish a fund to be called the national legal aid fund and there shall be credited thereto a all sums of money given as grants by the central government under section 14 b any grants or donations that may be made to the central authority by any other person for the purposes of this act c any amount received by the central authority under the orders of any court or from any other source. 2 the national legal aid fund shall be applied for meeting a the cost of legal services provided under this act including grants made to state authorities 1 b the cost of legal services provided by the supreme court legal services committee c any other expenses which are required to be met by the central authority. 1. subs. by s. 11, ibid., for clause b w.e.f. .

section 17. of the legal services authorities act : 1 every district authority shall establish a fund to be called the district legal aid fund and there shall be credited thereto a all sums of money paid or any grants made by the state authority to the district authority for the purposes of this act 1 b any grants or donations that may be made to the district authority by any person, with the prior approval of the state authority, for the purposes of this act c any other amount received by the district authority under the orders of any court or from any other source. 2 a district legal aid fund shall be applied for meeting a the cost of functions referred to in section 10 2 and 11b b any other expenses which are required to be met by the district authority. 1. subs. by s. 13, ibid., for clause b w.e.f. . 2. ins. by s. 13, ibid. w.e.f. .

section 18. of the legal services authorities act : 1 the central authority, state authority, or the district authority hereinafter referred to in this section as the authority, as the case may be, shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the income and expenditure account and the balancesheet in such form and in such manner as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authorities shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority concerned to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the auditing of the accounts of an authority under this act shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the auditing of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authorities under this act. 4 the accounts of the authorities, as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually by the authorities to the central government or the state governments, as the case may be. 1 5 the central government shall cause the accounts and the audit report received by it under subsection 4 to be laid, as soon as may be after they are received, before each house of parliament. 6 the state government shall cause the accounts and the audit report received by it under subsection 4 to be laid, as soon as may be after they are received, before the state legislature. 1. ins. by s. 14, ibid. w.e.f. .

section 22b. of the legal services authorities act : 1 notwithstanding anything contained in section 19, the central authority or, as the case may be, every state authority shall, by notification, establish permanent lok adalats at such places and for exercising such jurisdiction in respect of one or more public utility services and for such areas as may be specified in the notification. 2 every permanent lok adalat established for an area notified under subsection 1 shall consist of a a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than that of a district judge, shall be the chairman of the permanent lok adalat and b two other persons having adequate experience in public utility service to be nominated by the central government or, as the case may be, the state government on the recommendation of the central authority or, as the case may be, the state authority, appointed by the central authority or, as the case may be, the state authority, establishing such permanent lok adalat and the other terms and conditions of the appointment of the chairman and other persons referred to in clause b shall be such as may be prescribed by the central government.

section 19. of the legal services authorities act : 1 19. organisation of lok adalats.1 every state authority or district authority or the supreme court legal services committee or every high court legal services committee or, as the case may be, taluk legal services committee may organise lok adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. 2 every lok adalat organised for an area shall consist of such number of a serving or retired judicial officers and b other persons, of the area as may be specified by the state authority or the district authority or the supreme court legal services committee or the high court legal services committee, or as the case may be, the taluk legal services committee, organising such lok adalat. 3 the experience and qualifications of other persons referred to in clause b of subsection 2 for lok adalats organised by the supreme court legal services committee shall be such as may be prescribed by the central government in consultation with the chief justice of india. 4 the experience and qualifications of other persons referred to in clause b of subsection 2 for lok adalats other than referred to in subsection 3 shall be such as may be prescribed by the state government in consultation with the chief justice of the high court. 5 a lok adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of i any case pending before or ii any matter which is falling within the jurisdiction of, and is not brought before, any court for which the lok adalat is organised: provided that the lok adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law. 1. subs. by s. 15, ibid., for sections 19 and 20 w.e.f. .

section 20. of the legal services authorities act : 1 where in any case referred to in clause i of subsection 5 of section 19, i a the parties thereof agree or b one of the parties thereof makes an application to the court, for referring the case to the lok adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement or ii the court is satisfied that the matter is an appropriate one to be taken cognizance of by the lok adalat, the court shall refer the case to the lok adalat: provided that no case shall be referred to the lok adalat under subclause b of clause i or clause ii by such court except after giving a reasonable opportunity of being heard to the parties. 2 notwithstanding anything contained in any cither law for the time being in force, the authority or committee organising the lok adalat under subsection 1 of section 19 may, on receipt of an application from any one of the parties to any matter referred to in clause ii of subsection 5 of section 19 that such matter needs to be determined by a lok adalat, refer such matter to the lok adalat, for determination: provided that no matter shall be referred to the lok adalat except after giving a reasonable opportunity of being heard to the other party. 3 where any case is referred to a lok adalat under subsection 1 or where a reference has been made to it under subsection 2, the lok adalat shall proceed to dispose of the case or matter and arrive at a compromise or settlement between the parties. 4 every lok adalat shall, while determining any reference before it under this act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal principles. 5 where no award is made by the lok adalat on the ground that no compromise or settlement could be arrived at between the parties, the record of the case shall be returned by it to the court, from which the reference has been received under subsection 1 for disposal in accordance with law. 6 where no award is made by the lok adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in subsection 2, that lok adalat shall advice the parties to seek remedy in a court. 7 where the record of the case if returned under subsection 5 to the court, such court shall proceed to deal with such case from the stage which was reached before such reference under subsection 1.

section 21. of the legal services authorities act : 1 1 every award of the lok adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a lok adalat in a case referred to it under subsection 1 of section 20, the courtfee paid in such case shall be refunded in the manner provided under the courtfees act, 7 of . 2 every award made by a lok adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award. 1. subs. by act 59 of , s. 16, for subsection 1 w.e.f. ,

section 22d. of the legal services authorities act : the permanent lok adalat shall, while conducting conciliation proceedings or deciding a dispute on merit under this act, be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice, and shall not be bound by the code of civil procedure, 5 of and the indian evidence act, 1 of .

section 22. of the legal services authorities act : 22. powers of 1 lok adalat or permanent lok adalat.1 the 1 lok adalat or permanent lok adalat shall, for the purposes of holding any determination under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document c the reception of evidence on affidavits d the requisitioning of any public record or document or copy of such record or document from any court or office and e such other matters as may be prescribed. 2 without prejudice to the generality of the powers contained in subsection 1, every 1 lok adalat or permanent lok adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. 3 all proceedings before a 1 lok adalat or permanent lok adalat shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the indian penal code 45 of and every 1 lok adalat or permanent lok adalat shall be deemed to be a civil court for the purpose of section195 and chapter xxvi of the code of criminal procedure, 2 of . 1. subs. by act 37 of , s. 3, for lok adalat w.e.f. .

section 22a. of the legal services authorities act : 1in this chapter and for the purposes of sections 22 and 23, unless the context otherwise requires, a permanent lok adalat means a permanent lok adalat established under subsection 1 of section 22b b public utility service means any i transport service for the carriage of passengers or goods by air, road or water or ii postal, telegraph or telephone service or iii supply of power, light or water to the public by any establishment or iv system of public conservancy or sanitation or v service in hospital or dispensary or vi insurance service, and includes any service which the central government or the state government, as the case may be, in the public interest, by notification, declare to be a public utility service for the purposes of this chapter. 1. ins. by s. 4, ibid. w.e.f. .

section 22c. of the legal services authorities act : 1 any party to a dispute may, before the dispute is brought before any court, make an application to the permanent lok adalat for the settlement of dispute: provided that the permanent lok adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law: provided further that the permanent lok adalat shall also not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees: provided also that the central government, may by notification, increase the limit of ten lakh rupees specified in the second proviso in consultation with the central authority. 2 after an application is made under subsection 1 to the permanent lok adalat, no party to that application shall invoke jurisdiction of any court in the same dispute. 3 where an application is made to a permanent lok adalat under subsection 1, it a shall direct each party to the application to file before it a written statement, stating therein the facts and nature of dispute under the application, points or issues in such dispute and grounds relied in support of, or in opposition to, such points or issues, as the case may be, and such party may supplement such statement with any document and other evidence which such party deems appropriate in proof of such facts and grounds and shall send a copy of such statement together with a copy of such document and other evidence, if any, to each of the parties to the application b may require any party to the application to file additional statement before it at any stage of the conciliation proceedings c shall communicate any document or statement received by it from any party to the application to the other party, to enable such other party to present reply thereto. 4 when statement, additional statement and reply, if any, have been filed under subsection 3, to the satisfaction of the permanent lok adalat, it shall conduct conciliation proceedings between the parties to the application in such manner as it thinks appropriate taking into account the circumstances of the dispute. 5 the permanent lok adalat shall, during conduct of conciliation proceedings under subsection 4, assist the parties in their attempt to reach an amicable settlement of the dispute in an independent and impartial manner. 6 it shall be the duty of the every party to the application to cooperate in good faith with the permanent lok adalat in conciliation of the dispute relating to the application and to comply with the direction of the permanent lok adalat to produce evidence and other related documents before it. 7 when a permanent lok adalat, in the aforesaid conciliation proceedings, is of opinion that there exist elements of settlement in such proceedings which may be acceptable to the parties, it may formulate the terms of a possible settlement of the dispute and give to the parties concerned for their observations and in case the parties reach at an agreement on the settlement of the dispute, they shall sign the settlement agreement and the permanent lok adalat shall pass an award in terms thereof and furnish a copy of the same to each of the parties concerned. 8 where the parties fail to reach at an agreement under subsection 7, the permanent lok adalat shall, if the dispute does not relate to any offence, decide the dispute.

section 24. of the legal services authorities act : no suit, prosecution or other legal proceeding shall lie against a the central government or state government b the patroninchief, executive chairman, members of, membersecretary or officers or other employees of the central authority c patroninchief, executive chairman, member, membersecretary or officers or other employees of the state authority d chairman, secretary, members or officers or other employees of the supreme court legal services committee, high court legal services committees, taluk legal services committees or the district authority or e any other person authorised by any of the patroninchief, executive chairman, chairman, member, membersecretary referred to in subclauses b to d, for anything which is in good faith done or intended to be done under the provisions of this act or any rule or regulation made thereunder.

section 26. of the legal services authorities act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which this act receives the assent of the president. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 22e. of the legal services authorities act : 1 every award of the permanent lok adalat under this act made either on merit or in terms of a settlement agreement shall be final and binding on all the parties thereto and on persons claiming under them. 2 every award of the permanent lok adalat under this act shall be deemed to be a decree of a civil court. 3 the award made by the permanent lok adalat under this act shall be by a majority of the persons constituting the permanent lok adalat. 4 every award made by the permanent lok adalat under this act shall be final and shall not be called in question in any original suit, application or execution proceeding. 5 the permanent lok adalat may transmit any award made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

section 23. of the legal services authorities act : 1 23. members and staff of authorities, committees and lok adalats to be public servants.the members including membersecretary or, as the case may be, secretary of the central authority, the state authority, the district authorities, the supreme court legal services committee, high court legal services committees, taluk legal services committees and officers and other employees of such authorities, committees and the 2 members of the lok adalats or the persons constituting permanent lok adalats shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 59 of , s. 17, for sections 23 and 24 w.e.f. , 2. subs. by act 37 of , s. 5, for members of the lok adalats w.e.f. .

section 29. of the legal services authorities act : 1 the central authority may, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provisions is necessary or expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the powers and functions of the supreme court legal services committee under subsection 1 of section 3a b the terms of office and other conditions relating thereto, of the members and secretary of the supreme court legal services committee under subsection 4 of section 3a.

section 25. of the legal services authorities act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of law other than this act.

section 29a. of the legal services authorities act : 1 the state authority may, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision in necessary or expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the other functions to be performed by the state authority under clause d of subsection 2 of section 7 b the powers and functions of the high court legal services committee under subsection 1 of section 8a c the number, experience and qualifications of members of the high court legal services committee under clause b of subsection 2 of section 8a d the terms of office and other conditions relating thereto, of the members and secretary of the high court legal services committee under subsection 4 of section 8a e the term of office and other conditions relating thereto, of the members and secretary of the district authority under subsection 4 of section 9 f the number, experience and qualifications of members of the high court legal services committee under clause b of subsection 2 of section 8a g other functions to be performed by the district authority under clause c of subsection 2 of section 10 h the term of office and other conditions relating thereto, of members and secretary of the taluk legal services committee under subsection 3 of section 11a.

section 27. of the legal services authorities act : show related subordinates 1 27. power of central government to make rules.1 the central government in consultation with the chief justice of india may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number, experience and qualifications of other members of the central authority under clause c of subsection 2 of section3 b the experience and qualifications of the membersecretary of the central authority and his powers and functions under subsection 3 of section 3 c the terms of office and other conditions relating thereto, of members and membersecretary of the central authority under subsection 4 of section 3 d the number of officers and other employees of the central authority under subsection 5 of section 3 e the conditions of service and the salary and allowances of officers and other employees of the central authority under subsection 6 of section 3 f the number, experience and qualifications of members of the supreme court legal services committee under clause b of subsection 2 of section 3a g the experience and qualifications of secretary of the supreme court legal services committee under subsection 3 of section 3a h the number of officers and other employees of the supreme court legal services committee under subsection 5 of section 3a and the conditions of service and the salary and allowances payable to them under subsection 6 of that section i the upper limit of annual income of a person entitling him to legal services under clause h of section 12, if the case is before the supreme court j the manner in which the accounts of the central authority, the state authority or the district authority shall be maintained under section 18 k the experience and qualifications of other persons of the lok adalats organised by the supreme court legal services committee specified in subsection 3 of section 19 l other matters under clause e of subsection 1 of section 22 2 la the other terms and conditions of appointment of the chairman and other persons under subsection 2 of section 22b m any other matter which is to be, or may be, prescribed. 1. subs. by act 59 of , s. 18, for sections 27, 28 and 29 w.e.f. . 2. ins. by act 37 of , s. 6 w.e.f. .

section 28. of the legal services authorities act : 1 the state government in consultation with the chief justice of the high court may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number, experience and qualifications of other members of the state authority under clause c of subsection 2 of section 6 b the powers and functions of the membersecretary of the state authority under subsection 3 of section 6 c the terms of office and other conditions relating thereto, of members and membersecretary of the state authority under subsection 4 of section 6 d the number of officers and other employees of the state authority under subsection 5 of section 6 e the conditions of service and the salary and allowances of officers and other employees of the state authority under subsection 6 of section 6 f the experience and qualifications of secretary of the high court legal services committee under subsection 3 of section 8a g the number of officers and other employees of the high court legal services committee under subsection 5 of section 8a and the conditions of service and the salary and allowances payable to them under subsection 6 of that section h the number, experience and qualifications of members of the district authority under clause b of subsection 2 of section 9 i the number of officers and other employees of the district authority under subsection 5 of section 9 j the conditions of service and the salary and allowances of the officers and other employees of the district authority under subsection 6 of section 9 k the number, experience and qualifications of members of the taluk legal services committee under clause b of subsection 2 of section 11a l the number of officers and other employees of the taluk legal services committee under subsection 3 of section 11a m the conditions of service and the salary and allowances of officers and other employees of the taluk legal services committee under subsection 4 of section 11a n the upper limit of annual income of a person entitling him to legal services under clause h of section 12, if the case is before a court, other than the supreme court o the experience and qualifications of other persons of the lok adalats other than referred to in subsection 4 of section 19 p any other matter which is to be, or may be, prescribed.

section 30. laying of rules and regulations of the legal services authorities act : 1 every rule made under this act by the central government and every regulation made by the central authority thereunder shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 2 every rule made under this act by a state government and every regulation made by a state authority thereunder shall be laid, as soon as may be after it is made, before the state legislature.

section 7a. of the narcotic drugs and psychotropic substances act : show related subordinates 17a. national fund for control of drug abuse.1 the central government may, by notification in the official gazette, constitute a fund to be called the national fund for control of drug abuse hereafter in this chapter referred to as the fund and there shall be credited thereto a an amount which the central government may, after due appropriation made by parliament by law in this behalf, provide b the sale proceeds of any property forfeited under chapter va c any grants that may be made by any person or institution d any income from investment of the amounts credited to the fund under the aforesaid provisions. 22 the fund shall be applied by the central government to meet the expenditure incurred in connection with the measures taken for a combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances b controlling the abuse of narcotic drugs and psychotropic substances c identifying, treating, rehabilitating addicts d preventing drug abuse e educating public against drug abuse f supplying drugs to addicts where such supply is a medical necessity. 3 the central government may constitute a governing body as it thinks fit to advise that government and to sanction money out of the said fund subject to the limit notified by the central government in the official gazette. 4 the governing body shall consist of a chairman not below the rank of an additional secretary to the central government and such other members not exceeding six as the central government may appoint. 5 the governing body shall have the power to regulate its own procedure. 1. ins. by act 2 of , s. 4 w.e.f. . 2. subs. by act 9 of , s. 4, for subsections 2 and 3 w.e.f. .

section 7. of the narcotic drugs and psychotropic substances act : 1 the state government may appoint such officers with such designations as it thinks fit for the purposes of this act. 2 the officers appointed under subsection 1 shall be subject to the general control and direction of the state government, or, if so directed by that government, also of any other authority or officer.

section 1. of the narcotic drugs and psychotropic substances act : show related subordinates 1 this act may be called the narcotic drugs and psychotropic substances act, . 2 it extends to the whole of india 2and it applies also a to all citizens of india outside india b to all persons on ships and aircrafts registered in india, wherever they may be. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and for different states and any reference in any such provision to the commencement of this act shall be construed in relation to any state as a reference to the coming into force of that provision in that state. 1. ins. by act 9 of , s. 2 w.e.f. . 2. 14th november, , vide notification no. s.o. 821e, dated 14th november, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the narcotic drugs and psychotropic substances act : the central government may, if satisfied that it is necessary or expedient so to do on the basis of a the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance natural or synthetic or natural material or any salt or preparation of such substance or material and b the modifications or provisions if any which have been made to, or in, any international convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the official gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the schedule such substance or natural material or salt or preparation of such substance or material.

section 2. of the narcotic drugs and psychotropic substances act : show related subordinates in this act, unless the context otherwise requires, 1i addict means a person who has dependence on any narcotic drug or psychotropic substance ii board means the central board of excise and customs constituted under the central boards of revenue act, 54 of iii cannabis hemp means a charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish b ganja, that is, the flowering or fruiting tops of the cannabis plant excluding the seeds and leaves when not accompanied by the tops, by whatever name they may be known or designated and c any mixture, with or without any neutral material, of any of the above forms of cannabis or any rink prepared therefrom iv cannabis plant means any plant of the genus cannabis 2iva central government factories means factories owned by the central government or factories owned by any company in which the central government holds at least fiftyone per cent. of the paidup share capital v coca derivative means a crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine b ecgonine and all the derivatives of ecgonine from which it can be recovered c cocaine, that is, methyl ester of benzoylecgonine and its salts and d all preparations containing more than 0.1 per cent. of cocaine vi coca leaf means a the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed b any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 per cent. of cocaine vii coca plant means the plant of any species of the genus frythroxylon 3viia commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official gazette viib controlled delivery means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of india with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50a with a view to identifying the persons involved in the commission of an offence under this act viic corresponding law means any law corresponding to the provisions of this act 45viid controlled substance means any substance which the central government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any international convention, by notification in the official gazette, declare to be a controlled substance viii conveyance means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel 2viiia essential narcotic drug means a narcotic drug notified by the central government for medical and scientific use 46viiib illicit traffic, in relation to narcotic drugs and psychotropic substances, means i cultivating any coca plant or gathering any portion of coca plant ii cultivating the opium poppy or any cannabis plant iii engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import interstate, export interstate, import into india, export from india or transhipment, of narcotic drugs or psychotropic substances iv dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in subclauses i to iii or v handling or letting out any premises for the carrying on of any of the activities referred to in subclauses i to iv, other than those permitted under this act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes 1 financing, directly or indirectly, any of the aforementioned activities 2 abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities and 3 harbouring persons engaged in any of the aforementioned activities ix international convention means a the single convention on narcotic drugs, adopted by the united nations conference at new york in march, b the protocol, amending the convention mentioned in subclause a, adopted by the united nations conference at geneva in march, c the convention on psychotropic substances, adopted by the united nations conference at vienna in february, and d any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by india after the commencement of this act x manufacture, in relation to narcotic drugs or psychotropic substances, includes 1 all processes other than production by which such drugs or substances may be obtained 2 refining of such drugs or substances 3 transformation of such drugs or substances and 4 making of preparation otherwise than in a pharmacy on prescription with or containing such drugs or substances xi manufactured drug means a all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate b any other narcotic substance or preparation which the central government may, having regard to the available information as to its nature or to a decision, if any, under any international convention, by notification in the official gazette, declare to be a manufactured drug, but does not include any narcotic substance or preparation which the central government may, having regard to the available information as to its nature or to a decision, if any, under any international convention, by notification in the official gazette, declare not to be a manufactured drug xii medicinal cannabis, that is, medicinal hemp, means any extract or tincture of cannabis hemp xiii narcotics commissioner means the narcotics commissioner appointed under section 5 xiv narcotic drug means coca leaf, cannabis hemp, opium, popy straw and includes all manufactured drugs xv opium means a the coagulated juice of the opium poppy and b any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent. of morphine xvi opium derivative means a medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the indian pharmacopoeia or any other pharmacopoeia notified in this behalf by the central government, whether in powder form or granulated or otherwise or mixed with neutral materials b prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked c phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts d diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts and e all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine xvii opium poppy means a the plant of the species papaver somniferum l and b the plant of any other species of papaver from which opium or any phenanthrene alkaloid can be extracted and which the central government may, by notification in the official gazette, declare to be opium poppy for the purposes of this act xviii poppy straw means all parts except the seeds of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom xix poppy straw concentrate means the material arising when poppy straw has entered into a process for the concentration of its alkaloids xx preparation, in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances xxi prescribed means prescribed by rules made under this act xxii production means separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained xxiii psychotropic substance means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the schedule 7xxiiia small quantity, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the central government by notification in the official gazette xxiv to import interstate means to bring into a state or union territory in india from another state or union territory in india xxv to import into india, with its grammatical variations and cognate expressions, means to bring into india from a place outside india and includes the bringing into any port or airport or place in india of a narcotic drug or a psychotropic substance intended to be taken out of india without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. explanation.for the purposes of this clause and clause xxvi, india includes the territorial waters of india. xxvi to export from india, with its grammatical variations and cognate expressions, means to take out of india to a place outside india xxvii to export interstate means to take out of a state or union territory in india to another state or union territory in india xxviii to transport means to take from one place to another within the same state or union territory 8xxviiia use, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption xxix words and expressions used herein and not defined but defined in the code of criminal procedure, 2 of have the meanings respectively assigned to them in that code. explanation.for the purposes of clauses v, vi, xv and xvi the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage: provided that the central government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation. 1. subs. by act 9 of , s. 3, for clause i w.e.f. . 2. ins. by act 16 of , s. 2 w.e.f. . 3. ins. by act 9 of , s. 3 w.e.f. . 4. ins. by act 2 of , s. 3 w.e.f. . 5. clause viia relettered as clause viid thereof by act 9 of , s. 3 w.e.f. . 6. clause viiia relettered as clause viiib thereof by act 16 of , s. 2 w.e.f. . 7. ins. by act 9 of , s. 3 w.e.f. . 8. ins. by act 2 of , s. 3 w.e.f. .

section 7b. of the narcotic drugs and psychotropic substances act : show related subordinates 17b. annual report of activities financed under the fund.the central government shall, as soon as may be, after the end of each financial year, cause to be published in the official gazette, a report giving an account of the activities financed under section 7a during the financial year, together with a statement of accounts. 1. ins. by act 2 of , s. 4 w.e.f. .

section 5. of the narcotic drugs and psychotropic substances act : show related subordinates 1 without prejudice to the provisions of subsection 3 of section 4, the central government shall appoint a narcotics commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this act. 2 the narcotics commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the central government. 3 the officers appointed under subsection 1 shall be subject to the general control and direction of the central government, or, if so directed by that government, also of the board or any other authority or officer.

section 4. of the narcotic drugs and psychotropic substances act : 1 subject to the provisions of this act, the central government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein 1and for ensuring their medical and scientific use. 2 in particular and without prejudice to the generality of the provisions of subsection 1, the measures which the central government may take under that subsection include measures with respect to all or any of the following matters, namely: a coordination of actions by various officers, state governments and other authorities i under this act, or ii under any other law for the time being in force in connection with the enforcement of the provisions of this act b obligations under the international conventions c assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances d identification, treatment, education, after care, rehabilitation and social reintegration of addicts 2da availability of narcotic drugs and psychotropic substances for medical and scientific use e such other matters as the central government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. 3 the central government may, if it considers it necessary or expedient so to do for the purposes of this act, by order, published in the official gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the central government under this act and for taking measures with respect to such of the matters referred to in subsection 2 as may be mentioned in the order, and subject to the supervision and control of the central government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this act to exercise those powers and take such measures. 1. ins. by act 16 of , s. 3 w.e.f. . 2. ins. by act 16 of , s. 3 w.e.f. .

section 6. of the narcotic drugs and psychotropic substances act : show related subordinates 1 the central government may constitute, by notification in the official gazette, an advisory committee to be called the narcotic drugs and psychotropic substances consultative committee hereafter in this section referred to as the committee to advise the central government on such matters relating to the administration of this act as are referred to it by that government from time to time. 2 the committee shall consist of a chairman and such other members, not exceeding twenty, as may be appointed by the central government. 3 the committee shall meet when required to do so by the central government and shall have power to regulate its own procedure. 4 the committee may, if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or more subcommittees and may appoint to any such subcommittee, whether generally or for the consideration of any particular matter, any person including a nonofficial who is not a member of the committee. 5 the term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to, the chairman and other members of the committee, and the conditions and restrictions subject to which the committee may appoint a person who is not a member of the committee as a member of any of its subcommittees, shall be such as may be prescribed by rules made by the central government.

section 11., not liable to distress or attachment. of the narcotic drugs and psychotropic substances act : notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any court or authority or otherwise.

section 8. of the narcotic drugs and psychotropic substances act : show related subordinates no person shall a cultivate any coca plant or gather any portion of coca plant or b cultivate the opium poppy or any cannabis plant or c produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import interstate, export interstate, import into india, export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import interstate and export interstate of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the central government may, by notification in the official gazette, specify in this behalf: 1provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes. 1. ins. by act 2 of , s. 5 w.e.f. .

section 13. of the narcotic drugs and psychotropic substances act : notwithstanding anything contained in section 8, the central government may permit, with or without conditions, and on behalf of government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import interstate, export interstate or import into india of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use.

section 9. of the narcotic drugs and psychotropic substances act : show related subordinates 1 subject to the provisions of section 8, the central government may, by rules a permit and regulate i the cultivation, or gathering of any portion such cultivation or gathering being only on account of the central government of coca plant, or the production, possession, sale, purchase, transport, import interstate, export interstate, use or consumption of coca leaves ii the cultivation such cultivation being only on account of central government of the opium poppy iii the production and manufacture of opium and production of poppy straw 1iiia the possession, transport, import interstate, export interstate, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing iv the sale of opium and opium derivatives from the central government factories for export from india or sale to state government or to manufacturing chemists v the manufacture of manufactured drugs other than prepared opium but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess 1va the manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption and use of essential narcotic drugs: provided that where, in respect of an essential narcotic drug, the state government has granted licence or permit under the provisions of section 10 prior to the commencement of the narcotic drugs and psychotropic substances amendment act, 16 of , such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier. vi the manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption or use of psychotropic substances vii the import into india and export from india and transhipment of narcotic drugs and psychotropic substances b prescribe any other matter requisite to render effective the control of the central government over any of the matters specified in clause a. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a empower the central government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy b require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the central government c prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium the fees that may be charged therefor the authorities by which such licences may be granted, withheld, refused or cancelled and the authorities before which appeals against the orders of withholding, refusal or cancellation of licences shall lie d prescribe that opium shall be weighed, examined and classified according to its quality and consistence by the officers authorised in this behalf by the central government in the presence of the cultivator at the time of delivery by the cultivator e empower the central government to fix from time to time the price to be paid to the cultivators for the opium delivered f provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions if any to the standard price to be made in accordance with the result of such examination and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such decisions shall lie g require that opium delivered by a cultivator, if found as a result of examination in the central government factory to be adulterated, may be confiscated by the officers authorised in this behalf h prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the authorities by which such licences may be granted and the fees that may be charged therefor 2ha prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption or use of essential narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may be charged therefor i prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor j prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into india or exported from india or transhipped the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment the authorities by which such certificates, authorisations or permits may be granted and the fees that may be charged therefor. 1. ins. by act 16 of , s. 4 w.e.f. . 2. ins. by act 16 of , s. 4 w.e.f. .

section 9a. of the narcotic drugs and psychotropic substances act : show related subordinates 19a. power to control and regulate controlled substances. 1 if the central government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. 2 without prejudice to the generality of the power conferred by subsection 1, an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance. 1 ins. by act 2 of , s. 6 w.e.f. .

section 8a. of the narcotic drugs and psychotropic substances act : 1a. prohibition of certain activities relating to property derived from offence. no person shall a convert or transfer any property knowing that such property is derived from an offence committed under this act or under any other corresponding law of any other country or from an act of participation in such offence, for the purpose of concealing or disguising the illicit origin of the property or to assist any person in the commission of an offence or to evade the legal consequences or b conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this act or under any other corresponding law of any other country or c knowingly acquire, possess or use any property which was derived from an offence committed under this act or under any other corresponding law of any other country. 1. ins. by act 9 of , s. 5 w.e.f. .

section 10. of the narcotic drugs and psychotropic substances act : show related subordinates 1 subject to the provisions of section 8, the state government may, by rules a permit and regulate i the possession, transport, import interstate, export interstate, warehousing, sale, purchase, consumption and use of poppy straw 1except poppy straw produced from plants from which no juice has been extracted through lancing ii the possession, transport, import interstate, export interstate, sale, purchase, consumption and use of opium iii the cultivation of any cannabis plant, production, manufacture, possession, transport, import interstate, export interstate, sale, purchase, consumption or use of cannabis excluding charas iv the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess v the possession, transport, purchase, sale, import interstate, export interstate, use or consumption of 2manufactured drugs other than prepared opium and essential narcotic drugs and of coca leaf and any preparation containing any manufactured drug vi the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the state government on medical advice for his personal consumption: provided that save in so far as may be expressly provided in the rules made under subclauses iv and v, nothing in section 8 shall apply to the import interstate, export interstate, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in the possession of the government: provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the state government under the aforesaid subclauses, is not entitled to their possession b prescribe any other matter requisite to render effective the control of the state government over any of the matters specified in clause a. 2 in particular and without prejudice to the generality of the foregoing power, such rules may a empower the state government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported interstate and is intended for export interstate or export from india to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export interstate or export from india to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees b provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the state government c provide that only the cultivators licenced by the prescribed authority of the state government shall be authorised to engage in cultivation of any cannabis plant d require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the state government authorised in this behalf e empower the state government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered f prescribe the forms and conditions of licences or permits for the purposes specified in subclauses i to vi of clause a of subsection 1 and the authorities by which such licences or permits may be granted and the fees that may be charged therefor. 1. ins. by act 16 of , s. 5 w.e.f. . 2. subs. by s. 5, ibid., for manufactured drugs other than prepared opium w.e.f. .

section 15. of the narcotic drugs and psychotropic substances act : 115. punishment for contravention in relation to poppy straw. whoever, in contravention of any provisions of this act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports interstate, exports interstate, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees c where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 6, for sections 15 to 18 w.e.f. . 2. subs. by act 16 of , s. 6, for six months w.e.f. .

section 17. of the narcotic drugs and psychotropic substances act : 117. punishment for contravention in relation to prepared opium. whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports interstate, exports interstate or uses prepared opium shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both or b where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees or c where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 6, for sections 15 to 18 w.e.f. . 2. subs. by act 16 of , s. 7, for six months w.e.f. .

section 12. of the narcotic drugs and psychotropic substances act : no person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside india and supplied to any person outside india save with the previous authorisation of the central government and subject to such conditions as may be imposed by that government in this behalf.

section 14. of the narcotic drugs and psychotropic substances act : notwithstanding anything contained in section 8, government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes.

section 22. of the narcotic drugs and psychotropic substances act : 122. punishment for contravention in relation to psychotropic substances.whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports interstate, exports interstate or uses any psychotropic substance shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine . c where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 8, for sections 21 to 23 w.e.f. . 2. subs. by s. 11, ibid., for six months w.e.f. .

section 16. of the narcotic drugs and psychotropic substances act : 116. punishment for contravention in relation to coca plant and coca leaves. whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports interstate, exports interstate or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees. 1. subs. by act 9 of , s. 6, for sections 15 to 18 w.e.f. .

section 23. of the narcotic drugs and psychotropic substances act : 123. punishment for illegal import into india, export from india or transhipment of narcotic drugs and psychotropic substances. whoever, in contravention of any provision of this act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into india or exports from india or tranships any narcotic drug or psychotropic substance shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees c where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 8, for sections 21 to 23 w.e.f. . 2. subs. by act 16 of , s. 12, for six months w.e.f. .

section 25., to be used for commission of an offence. of the narcotic drugs and psychotropic substances act : 125. punishment for allowing premises, etc., to be used for commission of an offence. whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this act, shall be punishable with the punishment provided for that offence. 1. subs. by act 9 of , s. 9, for section 25 w.e.f. .

section 20. of the narcotic drugs and psychotropic substances act : whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, a cultivates any cannabis plant or b produces, manufactures, possesses, sells, purchases, transports, imports interstate, exports interstate or uses cannabis, shall be punishable, 1i where such contravention relates to clause a with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees and ii where such contravention relates to subclause b, a and involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees c and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 7, for subclauses i and ii w.e.f. . 2. subs. by act 16 of , s. 9, for six months w.e.f. .

section 19. of the narcotic drugs and psychotropic substances act : any cultivator licensed to cultivate the opium poppy on account of the central government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

section 18. of the narcotic drugs and psychotropic substances act : 118. punishment for contravention in relation to opium poppy and opium.whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports interstate, exports interstate or uses opium shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees c in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees. 1. subs. by act 9 of , s. 6, for sections 15 to 18 w.e.f. . 2. subs. by s. 8, ibid., for six months w.e.f. .

section 27. of the narcotic drugs and psychotropic substances act : show related subordinates 127. punishment for consumption of any narcotic drug or psychotropic substance. whoever, consumes any narcotic drug or psychotropic substance shall be punishable, a where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the central government by notification in the official gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees or with both and b where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause a, with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 1. subs. by act 9 of , s. 10, for section 27 w.e.f. .

section 21. of the narcotic drugs and psychotropic substances act : 121. punishment for contravention in relation to manufactured drugs and preparations. whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports interstate, exports interstate or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable, a where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2one year, or with fine which may extend to ten thousand rupees, or with both b where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees c where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1. subs. by act 9 of , s. 8, for sections 21 to 23 w.e.f. . 2. subs. by act 16 of , s. 10, for six months w.e.f. .

section 25a. of the narcotic drugs and psychotropic substances act : 125. punishment for allowing premises, etc., to be used for commission of an offence. if any person contravenes an order made under section 9a, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees. 1. ins. by act 2 of , s. 7 w.e.f. .

section 27b. of the narcotic drugs and psychotropic substances act : 127b. punishment for contravention of section 8a. whoever contravenes the provision of section 8a shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine. 1. ins. by act 16 of , s. 13 w.e.f. .

section 28. of the narcotic drugs and psychotropic substances act : whoever attempts to commit any offence punishable under this chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence.

section 24. of the narcotic drugs and psychotropic substances act : whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside india and supplied to any person outside india without the previous authorisation of the central government or otherwise than in accordance with the condition if any of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

section 26. of the narcotic drugs and psychotropic substances act : if the holder of any licence, permit or authorisation granted under this act or any rule or order made thereunder or any person in his employ and acting on his behalf a omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this act, or any rule made thereunder b fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the central government or state government in this behalf c keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect or d wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

section 27a. of the narcotic drugs and psychotropic substances act : 127a. punishment for financing illicit traffic and harbouring offenders. whoever indulges in financing, directly or indirectly, any, of the activities specified in subclauses i to v of 2 clause viiib of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1 ins. by act 2 of , s. 8 w.e.f. . 2 subs. by act 48 of , s. 2, for clause viiia of section 2 w.e.f. .

section 31a. of the narcotic drugs and psychotropic substances act : 131a. death penalty for certain offences after previous conviction. 1 notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 2section 19, section 24, section 27a and for offences involving commercial quantity of any narcotic drug drug or psychotropic substance, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to, a engaging in the production, manufacture, possession, transportation, import into india, export from india or transhipment, of the narcotic drugs or psychotropic substances specified under column 1 of the table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column 2 of the said table: table particulars of narcotic drugs/psychotropic substances quantity 1 2 i opium . . . . . . . . . . 10 kgs. ii morphine . . . . . . . . . . 1 kg. iii heroin . . . . . . . . . . 1 kg. iv codeine . . . . . . . . . . 1 kg. v thebaine . . . . . . . . . . 1 kg. vi cocaine . . . . . . . . . . 500 grams. vii hashish . . . . . . . . . . 20 kgs. viii any mixture with or without any neutral material of any of the above drugs 3lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture ix lsd, lsd25 n, ndiethyllyser gamide dlysergic acid diethylamide 500 grams x thc tetrahydrocannabinols, the following isomers: 6a 10a, 6a 7,7,8,9,10,9 11 and their stereochemical variants.................. 500 grams xi methamphetamine 2methylaminelphenylpropane.................... 1,500 gram xii methaqualone 2methyl30tolyl43hquinazolinone...................... 1,500 gram xiii amphetamine 2amino1phenylpropane.................... 1,500 gram xiv salts and preparations of the psychotropic substances mentioned in ix to xiii ...........................1,500 gram b financing, directly or indirectly, any of the activities specified in clause a, 4shall be punished with punishment which shall not be less than the punishment specified in section 31 or or with death. 2 where any person is convicted by a competent court of criminal jurisdiction outside india under any law corresponding to the provisions of 5section 19, section 24 or section 27a and for offences involving commercial quality of any narcotic drug or psychotropic substance, such person, in respect of such conviction, shall be dealt with for the purposes of subsection 1 as if he had been convicted by a court in india. 1. ins. by act 2 of , s. 9 w.e.f. . 2. subs. by act 9 of , s. 13, for section 15 to section 25 both inclusive or section 27a w.e.f. . 3. subs. by act 9 of , s. 13, for 1,500 grams w.e.f. . 4. subs. by act 16 of , s. 15, for shall be punishable with death w.e.f. . 5. subs. by act 9 of , s. 13, for certain words, figures and brackets w.e.f. .

section 29. of the narcotic drugs and psychotropic substances act : 1 whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the indian penal code 45 of , be punishable with the punishment provided for the offence. 2 a person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in india, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond india which a would constitute an offence if committed within india or b under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this chapter, if committed within india.

section 30. of the narcotic drugs and psychotropic substances act : if any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1sections 19, 24 and 27a and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than onehalf of the minimum term if any, but which may extend to onehalf of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than onehalf of the minimum amount if any, of fine with which he would have been punishable, but which may extend to onehalf of the maximum amount of fine with which he would have ordinarily that is to say in the absence of special reasons been punishable, in the event aforesaid: provided that the court may, for reasons to be recorded in the judgment, impose a higher fine. 1. subs. by act 9 of , s. 11, for certain words, figures and brackets w.e.f. .

section 31. of the narcotic drugs and psychotropic substances act : 131. enhanced punishment for offences after previous conviction. 1 if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to 2one and onehalf times of the maximum term of imprisonment, and also be liable to fine which shall extend to 3one and onehalf times of the maximum amount of fine. 2 where the person referred to in subsection 1 is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 4one and onehalf times of the minimum term of imprisonment and 5one and onehalf times of the minimum amount of fine: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable. 3 where any person is convicted by a competent court of criminal jurisdiction outside india under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of subsections 1 and 2 as if he had been convicted by a court in india. 1. subs. by s. 12, ibid., for section 31 w.e.f. . 2. subs. by act 16 of , s. 14, for onehalf of the maximum term w.e.f. . 3. subs. by s. 14, ibid., for onehalf of the maximum amount w.e.f. . 4. subs. by s. 14, ibid., for onehalf of the minimum term w.e.f. . 5. subs. by s. 14, ibid., for onehalf of the minimum amount w.e.f. .

section 33. of the narcotic drugs and psychotropic substances act : nothing contained in section 360 of the code of criminal procedure, 2 of or in the probation of offenders act, 20 of shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.

section 32. of the narcotic drugs and psychotropic substances act : whoever contravenes any provision of this act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

section 36. of the narcotic drugs and psychotropic substances act : 136. constitution of special court. 1 the government may, for the purpose of providing speedy trial of the offences under this act, by notification in the official gazette, constitute as many special court as may be necessary for such area or areas as may be specified in the notification. 2 a special court shall consist of a single judge who shall be appointed by the government with the concurrence of the chief justice of the high court. explanation. in this subsection, high court means the high court of the state in which the sessions judge or the additional sessions judge of a special court was working immediately before his appointment as such judge. 3 a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, a sessions judge or an additional sessions judge. 1. subs. by act 2 of , s. 11, for section 36 w.e.f. .

section 32a. of the narcotic drugs and psychotropic substances act : 132a. no suspension, remission or commutation in any sentence awarded under this act. notwithstanding anything contained in the code of criminal procedure, 2 of , or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this act other than section 27 shall be suspended or remitted or commuted. 1. ins. by act 2 of , s. 10 w.e.f. .

section 32b. of the narcotic drugs and psychotropic substances act : 132b. factors to be taken into account for imposing higher than the minimum punishment. where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely: a the use or threat of use of violence or arms by the offender b the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence c the fact that the minors are affected by the offence or the minors are used for the commission of an offence d the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities e the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence and f the fact that the offender is involved in other illegal activities facilitated by commission of the offence. 1. ins. by act 9 of , s. 14 w.e.f. .

section 34. of the narcotic drugs and psychotropic substances act : show related subordinates 1 whenever any person is convicted of an offence punishable under any provision of chapter iv and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under chapter iv during such period not exceeding three years as it thinks fit to fix. 2 the bond shall be in such form as may be prescribed by the central government and the provisions of the code of criminal procedure, 2 of , shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that code. 3 if the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 4 an order under this section may also be made by an appellate court or by the high court or sessions judge when exercising the powers of revision.

section 36c. of the narcotic drugs and psychotropic substances act : 36c. application of code to proceedings before a special court. save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of , including the provisions as to bail and bonds shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting a prosecution before a special court, shall be deemed to be a public prosecutor.

section 35. of the narcotic drugs and psychotropic substances act : 1 in any prosecution for an offence under this act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. explanation. in this section culpable mental state includes intention motive, knowledge of a fact and belief in, or reason to believe, a fact. 2 for the purpose of this section , a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

section 36a. of the narcotic drugs and psychotropic substances act : 136a. offences triable by special courts. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , a all offences under this act which are punishable with imprisonment for a term of more than three years shall be triable only by the special court constituted for the area in which the offence has been committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the government b where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under subsection 2 or subsection 2a of section 167 of the code of criminal procedure, 2 of , such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate and seven days in the whole where such magistrate is an executive magistrate: provided that in cases which are triable by the special court where such magistrate considers i when such person is forwarded to him as aforesaid or ii upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the special court having jurisdiction c the special court may exercise, in relation to the person forwarded to it under clause b, the same power which a magistrate having jurisdiction to try a case may exercise under section 167 of the code of criminal procedure, 2 of , in relation to an accused person in such case who has been forwarded to him under that section d a special court may, upon perusal of police report of the facts constituting an offence under this act or upon complaint made by an officer of the central government or a state government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial. 2 when trying an offence under this act, a special court may also try an offence other than an offence under this act with which the accused may, under the code of criminal procedure, 2 of , be charged at the same trial. 3 nothing contained in this section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the code of criminal procedure, 2 of , and the high court may exercise such powers including the power under cluase b of subsection 1 of that section as if the reference to magistrate in that section included also a reference to a special court constituted under section 36. 4 in respect of persons accused of an offence punishable under section 19 or section 24 or section 27a or for offences involving commercial quantity the references in subsection 2 of section 167 of the code of criminal procedure, 2 of thereof to ninety days, where they occur, shall be construed as reference to one hundred and eighty days: provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the special court may extend the said period up to one year on the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days. 5 notwithstanding anything contained in the code of criminal procedure, 2 of , the offences punishable under this act with imprisonment for a term of not more than three years may be tried summarily. 1. subs. by act 9 of , s. 15, for section 36a w.e.f. .

section 36b. of the narcotic drugs and psychotropic substances act : 36b. appeal and revision. the high court may exercise, so for as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 2 of on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court.

section 39. of the narcotic drugs and psychotropic substances act : show related subordinates 1 when any addict is found guilty of an offence punishable under section 27 1or for offences relating to small quantity of any narcotic drug or psychotropic substance and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or deaddiction from a hospital or an institution maintained or recognised by government and on his entering into a bond in the form prescribed by the central government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under chapter iv. 2 if it appears to the court, having regard to the report regarding the result of the medical treatment furnished under subsection 1, that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the central government, with or without sureties, for abstaining from the commission of any offence under chapter iv during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period. 1. ins. by act 9 of , s. 18 w.e.f. .

section 36d. of the narcotic drugs and psychotropic substances act : 136d. transitional provisions. 1 any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances amendment act, 2 of , which is triable by a special court shall, until a special court is constituted under section 36, notwithstanding anything contained in the code of criminal procedure, 2 of , be tried by a court of session. 2 where any proceedings in relation to any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances amendment act, 2 of are pending before a court of session, then, notwithstanding anything contained in subsection 1, such proceeding shall be heard and disposed of by the court of session: provided that nothing contained in this subsection shall affect the power of the high court under section 407 of the code of criminal procedure, 2 of to transfer any case or class of cases taken cognizance by a court of session under subsection 1. 1 subs. by act 9 of , s. 16, for section 36d w.e.f. .

section 43. of the narcotic drugs and psychotropic substances act : 143. power of seizure and arrest in public place. any officer of any of the departments mentioned in section 42 may a seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act b detain and search any person whom he has reason to believe to have committed an offence punishable under this act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. explanation. for the purposes of this section, the expression public place includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public. 1. subs. by act 9 of , s. 19, for sections 41 to 43 w.e.f. .

section 37. of the narcotic drugs and psychotropic substances act : 137. offences to be cognizable and nonbailable. 1 notwithstanding anything contained in the code of criminal procedure, 2 of , a every offence punishable under this act shall be cognizable b no person accused of an offence punishable for 1offences under section 19 or section 24 or section 27a and also for offences involving commercial quantity shall be released on bail or on his own bond unless i the public prosecutor has been given an opportunity to oppose the application for such release, and ii where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 2 the limitations on granting of bail specified in clause b of subsection 1 are in addition to the limitations under the code of criminal procedure, 2 of or any other law for the time being in force on granting of bail.. 1. subs. by act 2 of , s. 12, for section 37 w.e.f. . 2. subs. by act 9 of , s. 17, for a term of imprisonment of five years or more under this act w.e.f. .

section 45. of the narcotic drugs and psychotropic substances act : where it is not practicable to seize any goods including standing crop which are liable to confiscation under this act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.

section 38. of the narcotic drugs and psychotropic substances act : 1 where an offence under chapter iv has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under chapter iv has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 41. of the narcotic drugs and psychotropic substances act : 141. power to issue warrant and authorisation. l a metropolitan magistrate or a magistrate of the first class or any magistrate of the second class specially empowered by the state government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed: 2 any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government including the paramilitary forces or the armed forces as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or search a building, conveyance or place. 3 the officer to whom a warrant under subsection 1 is addressed and the officer who authorised the arrest or search or the officer who is so authorised under subsection 2 shall have all the powers of an officer acting under section 42. 1. subs. by act 9 of , s. 19, for sections 41 to 43 w.e.f. .

section 40., of certain offenders. of the narcotic drugs and psychotropic substances act : 1 where any person is convicted of any of the offences punishable under section 15 to section 25 both inclusive, section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct. 2 no publication under subsection 1 shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of. 3 the expenses of any publication under subsection 1 shall be recoverable from the convicted person as if it were a fine imposed by the court.

section 42. of the narcotic drugs and psychotropic substances act : 42. power of entry, search, seizure and arrest without warrant or authorisation. l any such officer being an officer superior in rank to a peon, sepoy or constable of the departments of central excise, narcotics, customs, revenue intellegence or any other department of the central government including paramilitary forces or armed forces as is empowered in this behalf by general or special order by the central government, or any such officer being an officer superior in rank to a peon, sepoy or constable of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset, a enter into and search any such building, conveyance or place b in case of resistance, break open any door and remove any obstacle to such entry c seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter va of this act and d detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this act: 2provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this act or any rule or order made thereunder, such power shall be exercised by an officer not below the rank of subinspector: provided further that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. 2 where an officer takes down any information in writing under subsection 1 or records grounds for his belief under the proviso thereto, he shall within seventytwo hours send a copy thereof to his immediate official superior. 1. subs. by act 9 of , s. 19, for sections 41 to 43 w.e.f. . 2. subs. by act 16 of , s. 16, for provided that w.e.f. .

section 44. of the narcotic drugs and psychotropic substances act : the provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offence punishable under chapter iv and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance 1or controlled substance, shall be construed as including references to coca plant, the opium poppy and cannabis plant. 1. ins. by act 9 of , s. 20 w.e.f. .

section 46. of the narcotic drugs and psychotropic substances act : every holder of land shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishment.

section 51. of the narcotic drugs and psychotropic substances act : the provisions of the code of criminal procedure, 2 of shall apply, in so far as they are not inconsistent with the provisions of this act, to all warrants issued and arrests, searches and seizures made under this act.

section 47. of the narcotic drugs and psychotropic substances act : every officer of the government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the government, panch, sarpanch and other village officer who neglects to give such information shall be liable to punishment.

section 52. of the narcotic drugs and psychotropic substances act : 1 any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. 2 every person arrested and article seized under warrant issued under subsection 1 of section 41 shall be forwarded without unnecessary delay to the magistrate by whom the warrant was issued. 3 every person arrested and article seized under subsection 2 of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to a the officerincharge of the nearest police station, or b the officer empowered under section 53. 4 the authority or officer to whom any person or article is forwarded under subsection 2 or subsection 3 shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.

section 48. of the narcotic drugs and psychotropic substances act : any metropolitan magistrate, judicial magistrate of the first class or any magistrate specially empowered in this behalf by the state government 1or any officer of a gazetted rank empowered under section 42 may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order including an order to destroy the crop as he thinks fit. 1 ins. by act 2 of , s. 13 w.e.f. .

section 49. of the narcotic drugs and psychotropic substances act : any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance 1or controlled substance, in respect of which he suspects that any provision of this act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and a rummage and search the conveyance or part thereof b examine and search any goods on the animal or in the conveyance c if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon. 1. ins. by act 9 of , s. 21 w.e.f. .

section 50. of the narcotic drugs and psychotropic substances act : 1 when any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to nearest gazetted officer of any of the departments mentioned in section 42 or to the nearest magistrate. 2 if such requisition is made, the officer may detain the person until he can bring him before the gazetted officer or the magistrate referred to in subsection 1. 3 the gazetted officer or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. 4 no female shall be searched by anyone excepting a female. 15 when an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to search the person as provided under section100 of the code of criminal procedure, 2 of . 6 after a search is conducted under subsection 5, the officer shall record the reasons for such belief which necessitated such search and within seventytwo hours send a copy thereof to his immediate official superior. 1 ins. by s. 22, ibid. w.e.f. .

section 50a. of the narcotic drugs and psychotropic substances act : 150a. power to undertake controlled delivery. the director general of narcotics control bureau constituted under subsection 3 of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this act, undertake controlled delivery of any consignment to a any destination in india b a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed. 1. ins. by act 9 of , s. 23 w.e.f. .

section 55. of the narcotic drugs and psychotropic substances act : an officerincharge of a police station shall take charge of and keep in safe custody, pending the orders of the magistrate, all articles seized under this act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officerincharge of the police station.

section 52a. of the narcotic drugs and psychotropic substances act : 152a. disposal of seized narcotic drugs and psychotropic substances. 21 the central government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that government may, from time to time, determine after following the procedure hereinafter specified. 2 where any 3narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officerincharge of the nearest police station or to the officer empowered under section 53, the officer referred to in subsection 1 shall prepare an inventory of such 3narcotic drugs, psychotropic substances, controlled substances or conveyances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the 3narcotic drugs, psychotropic substances, controlled substances or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in subsection 1 may consider relevant to the identity of the 3narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of a certifying the correctness of the inventory so prepared or b taking, in the presence of such magistrate, photographs of 4such drugs, substances or conveyances and certifying such photographs as true or c allowing to draw representative samples of such drugs or substances, in the presence of such magistrate and certifying the correctness of any list of samples so drawn. 3 where an application is made under subsection 2, the magistrate shall, as soon as may be, allow the application. 4 notwithstanding anything contained in the indian evidence act, 1 of or the code of criminal procedure, 2 of , every court trying an offence under this act, shall treat the innventory, the photographs of 5narcotic drugs, psychotropic substances, controlled substances or conveyances and any list of samples drawn under subsection 2 and certified by the magistrate, as primary evidence in respect of such offence. 1. ins. by act 2 of , s. 14 w.e.f. . 2 subs. by act 16 of , s. 17, for subsection 1 w.e.f. . 3. subs. by s. 17, ibid., for narcotic drug or psychotropic substance w.e.f. . 4. subs. by s. 17, ibid., for such drugs or substances w.e.f. . 5. subs. by act 16 of , s.17, for narcotic drugs or psychotropic substances w.e.f. .

section 53. of the narcotic drugs and psychotropic substances act : 1 the central government, after consultation with the state government, may, by notification published in the official gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1or any other department of the central government including paramilitary forces or armed forces or any class of such officers with the powers of an officerincharge of a police station for the investigation of the offences under this act. 2 the state government may, by notification published in the official gazette, invest any officer of the department of drugs control, revenue or excise 2or any other department or any class of such officers with the powers of an officerincharge of a police station for the investigation of offences under this act. 1. subs. by act 9 of , s. 24, for or border security force w.e.f. . 2. ins. by s. 24, ibid. w.e.f. .

section 53a. of the narcotic drugs and psychotropic substances act : 153a. relevancy of statements under certain circumstances. 1 a statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this act, the truth of the facts which it contains, a when the person who made the statement is dead or connot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable or b when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. 2 the provisions of subsection 1 shall, so far as may be, apply in relation to any proceedings under this act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court. 1. ins. by act 2 of , s. 15 w.e.f. .

section 58. of the narcotic drugs and psychotropic substances act : 1 any person empowered under section 42 or section 43 or section 44 who a without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place b vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44 or c vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. 2 any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

section 54. of the narcotic drugs and psychotropic substances act : 154. presumption from possession of illicit articles. in trials under this act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this act in respect of a any narcotic drug or psychotropic substance or controlled substance b any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated c any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance or d any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily. 1. subs. by act 9 of , s. 25, for section 54 w.e.f. .

section 59. of the narcotic drugs and psychotropic substances act : 1 any officer, on whom any duty has been imposed by or under this act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both. 12 any officer on whom any duty has been imposed by or under this act or any person who has been given the custody of a any addict or b any other person who has been charged with an offence under this act, and who wilfully aids in, or connives at, the contravention of any provision of this act or any rule or order made thereunder, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. explanation. for the purposes of this subsection, the expression officer includes any person employed in a hospital or institution maintained or recognised by the government or a local authority under section 64a for providing deaddiction treatment. 3 no court shall take cognizance of any offence under subsection 1 or subsection 2 except on a complaint in writing made with the previous sanction of the central government, or as the case may be, the state government. 1. subs. by act 2 of , s. 16, for subsection 2 w.e.f. .

section 56. of the narcotic drugs and psychotropic substances act : all officers of the several departments mentioned in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this act.

section 57. of the narcotic drugs and psychotropic substances act : whenever any person makes any arrest or seizure under this act, he shall, within fortyeight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior.

section 57a. of the narcotic drugs and psychotropic substances act : 157a. report of seizure of property of the person arrested by the notified officer.whenever any officer notified under section 53 makes an arrest or seizure under this act, and the provisions of chapter va apply to any person involved in the case of such arrest or seizure, the officer shall make a report of the illegally acquired properties of such person to the jurisdictional competent authority within ninety days of the arrest or seizure. 1. ins. by act 16 of , s. 18 w.e.f. .

section 62. of the narcotic drugs and psychotropic substances act : where any 1narcotic drug, psychotropic substance or controlled substance is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this act, the sale proceeds thereof shall also be liable to confiscation. 1. subs. by s. 28, ibid., for narcotic drug or psychotropic substance w.e.f. .

section 60. of the narcotic drugs and psychotropic substances act : 11 whenever any offence punishable under this act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation. 2 any narcotic drug or psychotropic substance 2or controlled substances lawfully produced, imported interstate, exported interstate, imported into india, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance 2or controlled substances which is liable to confiscation under subsection 1 and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance 2or controlled substances, materials, apparatus or utensils liable to confiscation under subsection 1 is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. 3 any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2or controlled substances, or any article liable to confiscation under subsection 1 or subsection 2 shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the personincharge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. 1. subs. by act 9 of , s. 26, for subsection 1 w.e.f. . 2. ins. by s. 26, ibid. w.e.f. .

section 61. of the narcotic drugs and psychotropic substances act : any goods used for concealing any 1narcotic drug, psychotropic substance or controlled substance which is liable to confiscation under this act shall also be liable to confiscation. explanation. in this section goods does not include conveyance as a means of transport. 1. subs. by s. 27, ibid., for narcotic drug or psychotropic substance w.e.f. .

section 63. of the narcotic drugs and psychotropic substances act : 1 in the trial of offences under this act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly. 2 where any article or thing seized under this act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: provided further that if any such article or thing, other than a narcotic drug, psychotropic substance 1controlled substance, the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold and the provisions of this subsection shall, as nearly as may be practicable, apply to the net proceeds of the sale. 2 1. ins. by s. 29, ibid. w.e.f. . 2. subsection 3 omitted by act 9 of , s. 29 w.e.f. .

section 67. of the narcotic drugs and psychotropic substances act : any officer referred to in section 42 who is authorised in this behalf by the central government or a state government may, during the course of any enquiry in connection with the contravention of any provision of this act, a call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this act or any rule or order made thereunder b require any person to produce or deliver any document or thing useful or relevant to the enquiry c examine any person acquainted with the facts and circumstances of the case.

section 64. of the narcotic drugs and psychotropic substances act : 1 the central government or the state government may, if it is of opinion the reasons for such opinion being recorded in writing that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of this act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this act or under the indian penal code 45 of or under any other central act or state act, as the case may be, for the time being in force, on condition of his making a full and true disclosure of the whole circumstances relating to such contravention. 2 a tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made. 3 if it appears to the central government or, as the case may be, the state government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the central government or, as the case may be, the state government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter.

section 68. of the narcotic drugs and psychotropic substances act : no officer acting in exercise of powers vested in him under any provision of this act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence

section 64a. of the narcotic drugs and psychotropic substances act : 164a. immunity from prosecution to addicts volunteering for treatment. any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for deaddiction from a hospital or an institution maintained or recognised by the government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for deaddiction. 1. subs. by s. 30, ibid., for section 64a w.e.f. .

section 68a. of the narcotic drugs and psychotropic substances act : 1, 268a. application. 1 the provisions of this chapter shall apply only to the persons specified in subsection 2. 2 the persons referred to in subsection 1 are the following, namely: a every person who has been convicted of an offence punishable under this act with imprisonment for a term of 3ten years or more b every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside india c every person in respect of whom an order of detention has been made under the prevention of iiicit traffic in narcotic drugs and psychotropic substances act, 46 of , or under the jammu and kashmir prevention of iiicit traffic in narcotic drugs and psychotropic substances act, 4cc every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other country. provided that such order of detention has not been revoked on the report of the advisory board constituted under the said acts or such order of detention has not been set aside by a court of competent jurisdiction d every person who is a relative of a person referred to in clause a or clause b or clause c 4or clause cc e every associate of a person referred to in clause a or clause b or clause c 4or clause cc f any holder hereafter in this clause referred to as the present holder of any property which was at any time previously held by a person referred to in clause a or clause b or clause c 4or clause cc unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. 1 ins. by act 2 of , s. 19 w.e.f. . 2. subs. by act 16 of , s. 19, for forfeiture of property derived from, or used, in illicit traffic w.e.f. . 3. subs. by act 9 of , s. 31, for five w.e.f. . 4. ins. by s. 31, ibid. w.e.f. .

section 65. of the narcotic drugs and psychotropic substances act : power to make rules regulating disposal of confiscated articles and rewards. omitted by the narcotic drugs and psychotropic substances amendment act, 2 of , s. 18 w.e.f. .

section 66. of the narcotic drugs and psychotropic substances act : show related subordinates where any document i is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this act or under any other law, or ii has been received from any place outside india duly authenticated by such authority or person and in such manner as may be prescribed by the central government in the course of investigation of any offence under this act alleged to have been committed by a person, and such document is tendered in any prosecution under this act in evidence against him, or against him and any other person who is tried jointly with him, the court shall a presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reason ably assume to have been signed by, or to be in the handwriting of, any particular person, is in that persons handwriting and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested b admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence c examine any person acquainted with the facts and circumcontrary is proved, the truth of the contents of such document. rules yeardescriptionfiles

section 68b. of the narcotic drugs and psychotropic substances act : 168b. definitions. in this chapter, unless the context otherwise requires, a appellate tribunal means the appellate tribunal 2referred to in section 68n b associate in relation to a person whose property is liable to be forfeited under this chapter, means i any individual who had been or is residing in the residential premises including outhouses of such person ii any individual who had been or is managing the affairs or keeping the accounts of such person iii any association of persons, body of individuals, partnership firm, or private company within the meaning of the companies act, 1 of , of which such person had been or is a member, partner or director iv any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in subclause iii at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company v any person, who had been or is managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in subclause iii vi the trustee of any trust, where, 1 the trust has been created by such person or 2 the value of the assets contributed by such person including the value of the assets, if any, contributed by him earlier to the trust amounts, on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date vii where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person c competent authority means an officer of the central government authorised by it under section 68d d concealment means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means e freezing means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 68f f identifying includes establishment of proof that the property was derived from, or used in, the illicit traffic g illegally acquired property, in relation to any person to whom this chapter applies, means, i any property acquired by such person, whether before or after the commencement of this chapter, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to 3the contravention of any provisions 4 of this act or the equivalent value of such property or ii any property acquired by such person, whether before or after the commencement of this chapter, for a consideration, or by any means wholly or partly traceable to any property referred to in subclause i or the income or earning from 5such property or the equivalent value of such property or 6iii any property acquired by such person, whether before or after the commencement of the narcotic drugs and psychotropic substances amendment act, , wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved, or the equivalent value of such property, and includes a any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration b any property acquired by such person, whether before or after the commencement of this chapter, for a consideration, or by any means, wholly or partly traceable to any property falling under item a, or the income or earnings therefrom 7h property means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, wherever located and includes deeds and instruments evidencing title to, or interest in, such property or assets i relative means 1 spouse of the person 2 brother or sister of the person 3 brother or sister of the spouse of the person 4 any lineal ascendant or descendant of the person 5 any lineal ascendant or descendant of the spouse of the person 6 spouse of a person referred to in subclause 2, subclause 3, subclause 4 or subclause 5 7 any lineal descendant of a person referred to in subclause 2 or subclause 3 j tracing means determining the nature, source, disposition, movement, title or ownership of property k trust includes any other legal obligation. 1. ins. by act 2 of , s. 19 w.e.f. 2. subs. by act 28 of , s. 227, for for forfeited property constituted under w.e.f. . 3. subs. by act 9 of , s. 32, for illicit traffic w.e.f. . 4. subs. by act 16 of , s, 20, for of this act or w.e.f. . 5. subs. by act 16 of , s. 20, for such property, w.e.f. . 6. ins. by s. 20, ibid. w.e.f. . 7. subs. by s. 20, ibid., for clause h w.e.f. .

section 68h. of the narcotic drugs and psychotropic substances act : 168h. notice of forfeiture of property. 1 if, having regard to the value of the properties held by any person to whom this chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 68e or otherwise, the competent authority has reason to believe the reasons for such belief to be recorded in writing that all or any of such properties are illegally acquired properties, it may serve a notice upon such person hereinafter referred to as the person affected calling upon him within a period of thirty days specified in the notice to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the central government under this chapter. 2 where a notice under subsection 1 to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 2provided that no notice for forfeiture shall be served upon any person referred to in clause cc of subsection 2 of section 68a or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause. 3explanation. for the removal of doubts, it is hereby declared that in a case where the provisions of section 68j are applicable, no notice under this section shall be invalid merely on the ground that it fails to mention the evidence relied upon or it fails to establish a direct nexus between the property sought to be forfeited and any activity in contravention of the provisions of this act. 1. ins. by act 2 of , s. 19 w.e.f. 2. ins. by act 9 of , s. 35 w.e.f. . 3. ins. by act 16 of , s. 22 w.e.f. .

section 68c. of the narcotic drugs and psychotropic substances act : 168c. prohibition of holding illegally acquired property. 1 as from the commencement of this chapter, it shall not be lawful for any person to whom this chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. 2 where any person holds any illegally acquired property in contravention of the provisions of subsection 1, such property shall be liable to be forfeited to the central government in accordance with the provisions of this chapter: 2provided that no property shall be forfeited under this chapter if such property was acquired, by a person to whom this act applies, before a period of six years from the date he was arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this act or from the date the order or detention was issued, as the case may be. 1. ins. by act 2 of , s. 19 w.e.f. 2. subs. by act 9 of , s. 33, for the proviso w.e.f. .

section 68d. of the narcotic drugs and psychotropic substances act : show related subordinates 168d. competent authority. 1 the central government may, by order published in the official gazette, authorise 2any commissioner of customs or commissioner of central excise or commissioner of incometax or any other officer of the central government of equivalent rank to perform the functions of the competent authority under this chapter. 2 the competent authorities shall perform their functions in respect of such persons or classes of persons as the central government may, by order, direct. 1. ins. by act 2 of , s. 19 w.e.f. 2 subs. by act 16 of , s. 21, for any collector of customs or collector of central excise w.e.f. . rules yeardescriptionfiles the appellate tribunal for forfeited property procedure rules,

section 68e. of the narcotic drugs and psychotropic substances act : 168e. identifying illegally acquired property. 21 every officer empowered under section 53 and every officerincharge of a police station shall, or receipt of information is satisfied that any person to whom this chapter applies holds any illegally acquired property, he may, after recording reasons for doing so, proceed to take all steps necessary for tracing and identifying such property. 2 the steps referred to in subsection 1 may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institution or any other relevant matters. 3 any inquiry, investigation or survey referred to in subsection 2 shall be carried out by an officer mentioned in subsection 1 in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. 1. ins. by act 2 of , s. 19 w.e.f. 2. subs. by act 9 of , s. 34, for sub section 1 w.e.f. .

section 68i. forfeiture of property in certain cases of the narcotic drugs and psychotropic substances act : show related subordinates 168i. forfeiture of property in certain cases. 1 the competent authority may, after considering the explanation, if any, to the show cause notice issued under section 68h, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: provided that if the person affected and in a case where the person affected holds any property specified in the notice through any other person such other person also does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this subsection ex parte on the basis of evidence available before it. 2 where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under subsection 1. 3 where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this chapter, stand forfeited to the central government free from all encumbrances. 2provided that no illegally acquired property of any person who is referred to in clause cc of subsection 2 of section 68a or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause shall stand forefeited. 4 where any shares in a company stand forfeited to the central government under this chapter, then, the company shall, notwithstanding anything contained in the companies act, 1 of or the articles of association of the company, forthwith register the central government as the transferee of such shares. 1. ins. by act 2 of , s. 19 w.e.f. 2. ins. by act 9 of , s. 36 w.e.f. .

section 68j. burden of proof of the narcotic drugs and psychotropic substances act : 168j. burden of proof. in any proceedings under this chapter, the burden of proving that any property specified in the notice served under section 68h is not illegally acquired property shall be on the person affected. 1. ins. by act 2 of , s. 19 w.e.f.

section 68f. of the narcotic drugs and psychotropic substances act : show related subordinates 168f. seizure or freezing of illegally acquired property. 1 where any officer conducting an inquiry or investigation under section 68e has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in frustrating any proceeding relating to forfeiture of such property under this chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: provided that the competent authority shall be duly informed of any order made under this subsection and a copy of such an order shall be sent to the competent authority within fortyeight hours of its being made. 2 any order made under subsection 1 shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. explanation. for the purposes of this section, transfer of property means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes a the creation of a trust in property b the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property c the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power and d any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. 1. ins. by act 2 of , s. 19 w.e.f. rules yeardescriptionfiles the narcotic drugs and psychotropic substances illegally acquired property receipt, management and disposal rules, the appellate tribunal for forfeited property procedure rules,

section 68g. of the narcotic drugs and psychotropic substances act : show related subordinates 168g. management of properties seized or forfeited under this chapter. 1 the central government may, by order published in the official gazette, appoint as many of its officers not below the rank of a joint secretary to the government as it thinks fit, to perform the functions of an administrator. 2 the administrator appointed under subsection 1 shall receive and manage the property in relation to which an order has been made under subsection 1 of section 68f or under section 68i in such manner and subject to such conditions as may be prescribed. 3 the administrator shall also take such measures, as the central government may direct, to dispose of the property which is forfeited to the central government. 1. ins. by act 2 of , s. 19 w.e.f. rules yeardescriptionfiles the narcotic drugs and psychotropic substances illegally acquired property receipt, management and disposal rules,

section 68m. certain transfers to be null and void of the narcotic drugs and psychotropic substances act : 168m. certain transfers to be null and void. where after the making of an order under subsection 1 of section 68f or the issue of a notice under section 68h or under section 68l, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this chapter, be ignored and if such property is subsequently forfeited to the central government under section 68i, then, the transfer of such property shall be deemed to be null and void. 1. ins. by act 2 of , s. 19 w.e.f.

section 68k.fine in lieu of forfeiture of the narcotic drugs and psychotropic substances act : show related subordinates 168k. fine in lieu of forfeiture. 1 where the competent authority makes a declaration that any property stands forfeited to the central government under section 68i and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. 2 before making an order imposing a fine under subsection 1, the person affected shall be given a reasonable opportunity of being heard. 3 where the person affected pays the fine due under subsection 1, within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 68i and thereupon such property shall stand released. 1. ins. by act 2 of , s. 19 w.e.f.

section 68l. of the narcotic drugs and psychotropic substances act : show related subordinates 168l. procedure in relation to certain trust properties. in the case of any person referred to in subclause vi of clause b of section 68b, if the competent authority, on the basis of the information and materials available to it, has reason to believe the reasons for such belief to be recorded in writing that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such propery was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 68h and all the other provisions of this chapter shall apply accordingly. explanation. for the purposes of this section illegally acquired property, in relation to any property held in trust, includes i any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor ii any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. 1. ins. by act 2 of , s. 19 w.e.f.

section 68u. of the narcotic drugs and psychotropic substances act : 168u. power to take possession. 1 where any property has been declared to be forfeited to the central government under this chapter, or where the person affected has failed to pay the fine due under subsection 1 of section 68k within the time allowed therefor under subsection 3 of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the administrator appointed under section 68g or to any person duly authorised by him in this behalf within thirty days of the service of the order. 2 if any person refuses or fails to comply with an order made under subsection 1, the administrator may take possession of the property and may for that purpose use such force as may be necessary. 3 notwithstanding anything contained in subsection 2, the administrator may, for the purpose of taking possession of any property referred to in subsection 1, requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. 1. ins. by act 2 of , s. 19 w.e.f.

section 68n. of the narcotic drugs and psychotropic substances act : show related subordinates 168n. constitution of appellate tribunal. the appellate tribunal constituted under subsection 1 of section 12 of the smugglers and foreign exchange manipulators forfeiture of property act, 13 of shall be the appellate tribunal for hearing appeals against the orders made under section 68f, section 68i, subsection 1 of section 68k or section 68l. 1 subs. by act 28 of , s. 227, for section 68n w.e.f. .

section 68p. of the narcotic drugs and psychotropic substances act : 168p. notice or order not to be invalid for error in description. no notice issued or served, no declaration made, and no order passed, under this chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. 1. ins. by act 2 of , s. 19 w.e.f.

section 68o.appeals of the narcotic drugs and psychotropic substances act : show related subordinates 168o. appeals. 1 2any officer referred to in subsection 1 of section 68e or any person aggrieved by an order of the competent authority made under section 68f, section 68i, subsection 1 of section 68k or section 68l, may, within fortyfive days from the date on which the order is served on him, prefer an appeal to the appellate tribunal: provided that the appellate tribunal may entertain an appeal after the said period of fortyfive days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. 3 the powers and functions of the appellate tribunal may be exercised and discharged by benches consisting of three members and constituted by the chairman of the appellate tribunal. 4 notwithstanding anything contained in subsection 3, where the chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a bench of two members and a bench so constituted may exercise and discharge the powers and functions of the appellate tribunal: provided that if the members of a bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member to be specified by the chairman for hearing of such point or points and such point or points shall be decided according to the opinion of that member. 3provided further that if the office of the chairman is vacant by reason of his death, resignation or otherwise, or if the chairman is unable to discharge his duties owing to absence, illness or any other cause, the central government may, by order, nominate any member to act as the chairman until a new chairman is appointed and assumes charge or, as the case may be, resumes his duties. 5 the appellate tribunal may regulate its own procedure. 6 on application to the appellate tribunal and on payment of the prescribed fee, the tribunal may allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time during office hours, any relevant records and registers of the tribunal and obtain a certified copy of any part thereof. 1. ins. by act 2 of , s. 19 w.e.f. 2. subs. by act 9 of , s. 37, for any person aggrieved by an order of the competent authority w.e.f. . 13. ins. by act 16 of , s. 23 w.e.f. .

section 68s. information to competent authority of the narcotic drugs and psychotropic substances act : 168s. information to competent authority. 1 notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the central government or a state government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this chapter. 2 every officer referred to in section 68t may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this chapter. 1. ins. by act 2 of , s. 19 w.e.f.

section 68t. of the narcotic drugs and psychotropic substances act : show related subordinates 168t. certain officers to assist administrator, competent authority and appellate tribunal for the purposes of any proceedings under this chapter, the following officers are hereby empowered and required to assist the administrator appointed under section 68g, competent authority and the appellate tribunal, namely: a officers of the narcotics control bureau b officers of the customs department c officers of the central excise department d officers of the incometax department e officers of enforcement appointed under the foreign exchange regulation act, 46 of f officers of police g officers of the narcotics department h officers of the central economic intelligence bureau i officers of the directorate of revenue intelligence j such other officers of the central or state government as are specified by the central government in this behalf by notification in the official gazette. 1. ins. by act 2 of , s. 19 w.e.f.

section 68q. bar of jurisdiction of the narcotic drugs and psychotropic substances act : 168q. bar of jurisdiction. no order passed or declaration made under this chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the appellate tribunal or any competent authority is empowered by or under this chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this chapter. 1. ins. by act 2 of , s. 19 w.e.f.

section 68y.punishment for acquiring property in relation to which proceedings have been taken, under this chapter of the narcotic drugs and psychotropic substances act : 168y. punishment for acquiring property in relation to which proceedings have been taken, under this chapter. any person who knowingly acquired, by any mode whatsoever, any property in relation to which proceedings are pending under this chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees. 1. ins. by act 2 of , s. 19 w.e.f.

section 68r. of the narcotic drugs and psychotropic substances act : 168r. competent authority and appellate tribunal to have powers of civil court. the competent authority and the appellate tribunal shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for examination of witnesses or documents f any other matter which may be prescribed. 1. ins. by act 2 of , s. 19 w.e.f.

section 68v. of the narcotic drugs and psychotropic substances act : 168v. rectification of mistakes. with a view to rectifying any mistakes apparent from record, the competent authority or the appellate tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard. 1. ins. by act 2 of , s. 19 w.e.f.

section 68w. of the narcotic drugs and psychotropic substances act : 168w. findings under other laws not conclusive for proceedings under this chapter. no finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this chapter. 1. ins. by act 2 of , s. 19 w.e.f.

section 68z. of the narcotic drugs and psychotropic substances act : 168z. release of property in certain cases. 1 where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this chapter shall stand released. 2 where any person referred to in clause a or clause b or clause cc of subsection 2 of section 68a has been acquitted or discharged from the charges under this act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen under this chapter shall stand released. 1 ins. by act 9 of , s. 38 w.e.f. .

section 68x. of the narcotic drugs and psychotropic substances act : 168x. service of notices and orders. any notice or order issued or made under this chapter shall be served a by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent b if the notice or order cannot be served in the manner provided in clause a, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. 1. ins. by act 2 of , s. 19 w.e.f.

section 73. of the narcotic drugs and psychotropic substances act : no civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this act or under any rule made thereunder on any of the following matters, namely: a withholding, refusal or cancellation of any licence for the cultivation of the opium poppy b weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addition to, the standard price made in accordance with such examination c confiscation of opium found to be adulterated with any foreign substance.

section 70. of the narcotic drugs and psychotropic substances act : wherever under this act the central government or the state government has been empowered to make rules, the central government or the state government, as the case may be, subject to other provisions of this act, may while making the rules have regard to the provisions of the single convention on narcotic drugs, , the protocol of amending the said convention and of the convention on psychotropic substances, to which india is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which india may become a party.

section 69.protection of action taken in good faith of the narcotic drugs and psychotropic substances act : no suit, prosecution or other legal proceeding shall lie against the central government or a state government or any officer of the central government or of the state government or any other person exercising any powers or discharging any functions or performing any duties under this act, for anything in good faith done or intended to be done under this act or any rule or order made thereunder.

section 71., of addicts and for supply of narcotic drug and psychotropic substances. of the narcotic drugs and psychotropic substances act : 1 1the government may establish, recognise or approve as many centres as it thinks fit for identification, treatment, managemen, education, aftercare, rehabilitation, social reintegration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned government of any narcotic drugs and psychotropic substances to the addicts registered with the government and to others where such supply is a medical necessity. 2 the government may make rules consistent with this act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in subsection 1 and for the appointment, training, powers, duties and persons employed in such centres. 1. subs. by act 16 of , s. 24, for the government may, in its discretion, establish as many centres as it thinks fit for identification, treatment w.e.f. .

section 75.power to delegate of the narcotic drugs and psychotropic substances act : 1 the central government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act except the power to make rules as it may deem necessary or expedient, to the board or any other authority or the narcotics commissioner. 2 the state government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act except the power to make rules as it may deem necessary or expedient, to any authority or officer of that government.

section 72. of the narcotic drugs and psychotropic substances act : show related subordinates 1 in respect of any licence fee or other sum of any kind payable to the central government or to the state government under any of the provisions of this act or of any rule or order made thereunder, the officer of the central government or the state government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety if any as if it were an arrears of land revenue. 2 when any person, in compliance with any rule made under this act, gives a bond other than a bond under section 34 and section 39 for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of the indian contract act, 9 of and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety if any as if it were an arrears of land revenue.

section 74a. of the narcotic drugs and psychotropic substances act : 174a. power of central government to give directions. the central government may give such directions as it may deem necessary to a state government regarding the carrying into execution of the provisions of this act, and the state government shall comply with such directions. 1. ins. by act 2 of , s. 20 w.e.f. .

section 74. of the narcotic drugs and psychotropic substances act : every officer or other employee of the government exercising or performing, immediately before the commencement of this act, any powers or duties with respect to any matters provided for in this act, shall on such commencement, be deemed to have been appointed under the relevant provisions of this act to the same post and with the same designation as he was holding immediately before such commencement

section 80. of the narcotic drugs and psychotropic substances act : the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the drugs and cosmetics act, 23 of or the rules made thereunder.

section 76. power of central government to make rules of the narcotic drugs and psychotropic substances act : show related subordinates 1 subject to the other provisions of this act, the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses v, vi xiv and xv of section 2 b the form of bond to keep the peace to be executed under section 34 c the form of bond to be executed for release of an addict convict for medical treatment under subsection 1 of section 39 and the bond to be executed by such convict before his release after due admonition under subsection 2 of that section 1ca the manner in which controlled delivery under section 50a is to be undertaken d the authority or the person by whom and the manner in which a document received from any place outside india shall be authenticated under clause ii of section 66 2da the manner in which and the conditions subject to which properties shall be managed by the administrator under subsection 2 of section 68g 3 dc the fees which shall be paid for the inspection of the records and registers of the appellate tribunal or for obtaining the certified copy of any part thereof under subsection 6 of section 68o dd the powers of a civil court that may be exercised by the competent authority and the appellate tribunal under clause f of section 68r de the disposal of all articles or things confiscated under this act df the drawing of samples and testing and analysis of such samples dg the rewards to be paid to the officers, informers and other persons e the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the central government and to others under subsection 1 of section 71 f the establishment, appointment, maintenance, management and superintendence of centres established by the central government under subsection 1 of section 71 and appointment, training, powers and duties of persons employed in such centres g the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the chairman and members of the narcotic drugs and psychotropic substances consultative committee and the conditions and restrictions subject to which a nonmember may be appointed to a subcommittee under subsection 5 of section 6 h any other matter which is to be, or may be, prescribed. 1. ins. by act 9 of , s. 39 w.e.f. . 2. ins. by act 2 of , s. 21 w.e.f. . 3. clause db omitted by act 28 of , s. 227 w.e.f.

section 77. of the narcotic drugs and psychotropic substances act : 1every rule made under this act by the central government and every notification or order issued under clause viia, clause xi, clause xxiiia of section 2, section 3, section 7a, section 9a and clause a of section 27 shall be laid, as soon as may be, after it is made or issued, before each house of parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification. 1. subs. by act 9 of , s. 40, for certain words, brackets, figures and letter w.e.f. .

section 78. of the narcotic drugs and psychotropic substances act : 1 subject to the other provisions of this act, the state government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the state government and others under subsection 1 of section 71 b the establishment, appointment, maintenance, management, superintendence of centres established under subsection 1 of section 71 and appointment, training, powers and duties of persons employed in such centres c any other matter which is to be, or may be, prescribed. 3 every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the legislature of that state.

section 83. of the narcotic drugs and psychotropic substances act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date on which this act receives the assent of the president. 2 every order made under this section shall, as soon as may be after it is made, be laid before the houses of parliament.

section 79. of the narcotic drugs and psychotropic substances act : all prohibitions and restrictions imposed by or under this act on the import into india, the export from india and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the customs act, 52 of and the provisions of that act shall apply accordingly: provided that, where the doing of anything is an offence punishable under that act and under this act, nothing in that act or in this section shall prevent the offender from being punished under this act.

section 82. of the narcotic drugs and psychotropic substances act : 1 the opium act, 13 of , the opium act, 1 of and the dangerous drugs act, 2 of are hereby repealed. 2 notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by subsection 1 shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act.

section 81. of the narcotic drugs and psychotropic substances act : nothing in this act or in the rules made thereunder shall affect the validity of any provincial act or an act of any state legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india.

section 8. of the diplomatic relations vienna convention act : no public servant or agent of the central government, a state government or any public authority shall enter the premises of a diplomatic mission for the purpose of serving legal process, except with the consent of the head of the mission. such consent may be obtained through the ministry of external affairs of the government of india.

section 1. of the diplomatic relations vienna convention act : 1 this act may be called the diplomatic relations vienna convention act, . 2 it extends to the whole of india.

section 4. of the diplomatic relations vienna convention act : if it appears to the central government that a state which is a party to the vienna convention on diplomatic relations, is in breach of its obligations arising thereunder or, that the privileges and immunities accorded to an indian mission or members thereof in the territory of any state which is a party to the vienna convention on diplomatic relations, , are less than those conferred by this act on the diplomatic mission of that state or members thereof, the central government may, notwithstanding anything contained in this act, by notification in the official gazette, withdraw such of the privileges and immunities so conferred from the diplomatic mission of that state or from members thereof as may appear to the central government to be proper

section 7. of the diplomatic relations vienna convention act : for the purpose of article 38 of the convention set out in the schedule, a citizen of india shall be entitled only to such additional privileges and immunities, other than those set out in that article, as are granted to him by the central government by notification in the official gazette.

section 6. of the diplomatic relations vienna convention act : nothing contained in article 36 of the convention set out in the schedule shall be construed to entitle a diplomatic mission or member thereof to import into india goods free of any duty of customs without any restrictions on their subsequent sale therein.

section 9. of the diplomatic relations vienna convention act : if in any proceedings any question arises whether or not any person is entitled to any privilege or immunity under this act, a certificate issued by or under the authority of the secretary to the government of india in the ministry of external affairs stating any fact relating to that question shall be conclusive evidence of that fact.

section 2. of the diplomatic relations vienna convention act : 1 notwithstanding anything to the contrary contained in any other law, the provisions set out in the schedule to this act of the vienna convention on diplomatic relations, adopted by the united nations conference on diplomatic intercourse and immunities on the 14th day of april, , shall have the force of law in india. 2 the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein.

section 10. of the diplomatic relations vienna convention act : the central government may 1by notification in the official gazette, make rules for carrying out the purposes of this act. 1. ins. by act 4 of , s. 2 w.e.f. .

section 11. of the diplomatic relations vienna convention act : every notification issued and every rule made under this act shall be laid as soon as may be after it is issued or made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or, as the case may be, in the rule, or both houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

section 3. of the diplomatic relations vienna convention act : where in pursuance of any agreement, convention or other instrument it is necessary to accord to any diplomatic mission and its members, the sending state of which is not a party to the vienna convention on diplomatic relations, , or to any other special mission and its members, privileges and immunities in india similar to those contained in the provisions set out in the schedule, the central government may, by notification in the official gazette, declare that the provisions set out in the schedule shall, subject to such modifications, if any, as it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument, apply mutatis mutandis to the diplomatic mission and its members, or to the other special mission and its members, as the case may be, and thereupon the said provisions shall apply accordingly, and notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in india.

section 5. of the diplomatic relations vienna convention act : for the purpose of article 32 of the convention set out in the schedule, a waiver by the head of the mission of any state or any person for the time being performing his functions shall be deemed to be a waiver by that state.

section 7. of the intelligence organisations restriction of rights act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Intelligence Organisations (Restriction of Rights) Act, 1985

section 1. of the intelligence organisations restriction of rights act : 1 this act may be called the intelligence organisations restriction of rights act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 9th december, , vide notification no. s.o. 885e, dated 9th december, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 3. of the intelligence organisations restriction of rights act : show related subordinates 1 no member of an intelligence organisation shall, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, or raise funds for, or hold office in, or function in any other manner for, any other society, institution, association or organisation that is not recognised by the central government as part of the intelligence organisation of which he is a member or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter, pamphlet, poster or other document except with the prior permission of the head of the intelligence organisation or d except for purposes of official duty, contact, or communicate with any person on any matter relating to functioning, structure, personnel or organisational affairs of the intelligence organisation of which he is a member e use the name of the intelligence organisation of which he is a member for purposes not authorised by the head of the intelligence organisation or in any other manner except for purposes relating to the official work and functioning of the organisation itself. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no member of an intelligence organisation, shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 6. of the intelligence organisations restriction of rights act : 1 the central government may, be notification in the official gazette, amend the schedule by including therein any other organisation established by the central government for purposes of intelligence or counterintelligence or by omitting therefrom any organisation already specified therein and on the publication of the notification, such organisation shall be deemed to be specified in, or, as the case may be, omitted from, the schedule. 2 a copy of every notification issued under subsection 1 shall, as soon as may be after it is issued, be laid before each house of parliament.

section 2. of the intelligence organisations restriction of rights act : in this act, unless the context otherwise requires, a intelligence organisation means any organisation established by the central government for purposes of intelligence or counterintelligence and specified in the schedule b member of an intelligence organisation means any person appointed to, or employed in, any intelligence organisation c prescribed means prescribed by rules made under this act.

section 5. of the intelligence organisations restriction of rights act : notwithstanding anything contained in the code of criminal procedure, 2 of ,all offences punishable under section 4 shall be cognizable.

section 4. of the intelligence organisations restriction of rights act : any person who contravenes any of the provisions of section 3 shall, without prejudice to any other action that may be taken against him, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 4. of the lushai hills district change of name act : any reference to the lushai hills district in any law, instrument or other document shall, unless the context otherwise requires, be construed as a reference to the mizo district.

section 3. of the lushai hills district change of name act : in the sixth schedule to the constitution , in paragraph 20, a after subparagraph 2, the following subparagraph shall be inserted namely: 2a the mizo district shall comprise the area which at the commencement of this constitution was known as the lushai hills district. b in subparagraph 3, after the words united khasi jaintia hills district the words and the mizo district shall be inserted and c in part a of the table, for the words the lushai hills district, the words the mizo district shall be substituted.

section 1. of the lushai hills district change of name act : 1 this act may be called the lushai hills district change of name act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 1st september, , vide notification no. s.r.o. e, dated 1stseptember, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the lushai hills district change of name act : the tribal area in assam now known as the lushai hills district shall, as from the commencement of this act, be known as the mizo district.

section 7a. of the public liability insurance act : show related subordinates 1 7a. establishment of environmental relief fund.1 the central government may, by notification, establish a fund to be known as the environmental relief fund. 2 the relief fund shall be utilised for paying, in accordance with the provisions of this act and the scheme made under subsection 3,relief under the award made by the collector under section 7. 3 the central government may, by notification, make a scheme specifying the authority in which the relief fund shall vest, the manner in which the relief fund shall be administered, the form and the manner in which money shall be drawn from the relief fund and for all other matters connected with or incidental to the administration of the relief fund and the payment of relief therefrom. 1 ins. by s. 5, ibid. w.e.f. .

section 2. of the public liability insurance act : show related subordinates in this act, unless the context otherwise requires, 1 a accident means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radioactivity b collector means the collector having jurisdiction over the area in which the accident occurs c handling, in relation to any hazardous substance, means the manufacture, processing, treatment, package, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous substance d hazardous substance means any substance or preparation which is defined as hazardous substance under the environment protection act, 29 of , and exceeding such quantity as may be specified, by notification, by the central government e insurance means insurance against liability under subsection 1 of section 3 f notification means a notification published in the official gazette 2 g owner means a person who owns, or has control over handling, any hazardous substance at the time of accident and includes, i in the case of firm, any of its partners ii in the case of an association, any of its members and iii in the case of a company, any of its directors, managers, secretaries or other officers who is directly in charge of, and is responsible to, the company for the conduct of the business of the company h prescribed means prescribed by rules made under this act 3 ha relief fund means the environmental relief fund established under section 7a i rules means rules made under this act j vehicle means any mode of surface transport other than railways. 1 subs. by act 11 of , s. 2, for clause a w.e.f. . 2 subs. by s. 2, ibid., for clause g w.e.f. . 3 ins. by s. 2,ibid. w.e.f. .

section 1. of the public liability insurance act : show related subordinates 1 this act may be called the public liability insurance act, . 2 it shall come into force on such date 1 as the central government may, by notification, appoint. 1 1st april, , vide notification no. g.s.r 253, dated 27th march, , see gazette of india ordinary, part ii sec. 3i.

section 7. of the public liability insurance act : show related subordinates 1 on receipt of an application under subsection 1 of section 6, the collector shall, after giving notice of the application to the owner and after giving the parties an opportunity of being heard, hold an inquiry into the claim or, each of the claims, and may make an award determining the amount of relief which appears to him to be just and specifying the person or persons to whom such amount of relief shall be paid. 2 the collector shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. 1 3 when an award is made under this section, a the insurer, who is required to pay any amount in terms of such award and to the extent specified in subsection 2b of section 4, shall, within a period of thirty days of the date of announcement of the award, deposit that amount in such manner as the collector may direct b the collector shall arrange to pay from the relief fund, in terms of such award and in accordance with the scheme made under section 7a, to the person or persons referred to in subsection 1 such amount as may be specified in that scheme c the owner shall, within such period, deposit such amount in such manner as the collector may direct. 4 in holding any inquiry under subsection 1, the collector may, subject to any rules made in this behalf, follow such summary procedure as he thinks fit. 5 the collector shall have all the powers of civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed and the collector shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 6 where the insurer or the owner against whom the award is made under subsection 1 fails to deposit the amount of such award within the period specified under subsection 3, such amount shall be recoverable from the owner, or as the case may be, the insurer as arrears of land revenue or of public demand. 7 a claim for relief in respect of death of, or injury to, any person or damage to any property shall be disposed of as expeditiously as possible and every endeavour shall be made to dispose of such claim within three months of the receipt of the application for relief under subsection 1 of section 6. 2 8 where an owner is likely to remove or dispose of his property with the object of evading payment by him of any amount of award, the collector may, in accordance with the provisions of rules 1 to 4 of order xxxix of the first schedule to the code of civil procedure, 5 of , grant a temporary injunction to restrain such act. 1 subs. by act 11 of , s. 4, for subsection 3 w.e.f. . 2 . ins. by act 11 of , s. 4 w.e.f.

section 8. of the public liability insurance act : 1 the right to claim relief under subsection 1 of section 3 in respect of death of, or injury to, any person or damage to any property shall be in addition to any other right to claim compensation in respect thereof under any other law for the time being in force. 2 notwithstanding anything contained in subsection 1, where in respect of death of, or injury to, any person or damage to any property, the owner, liable to give claim for relief, is also liable to pay compensation under any other law, the amount of such compensation shall be reduced by the amount of relief paid under this act.

section 6. of the public liability insurance act : 1 an application for claim for relief may be made a by the person who has sustained the injury b by the owner of the property to which the damage has been caused c where death has resulted from the accident, by all or any of the legal representatives of the deceased or d by any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal representatives of the deceased have not joined in any such application for relief, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. 2 every application under subsection 1 shall be made to the collector and shall be in such form, contain such particulars and shall be accompanied by such documents as may be prescribed. 3 no application for relief shall be entertained unless it is made within five years of the occurrence of the accident.

section 3. of the public liability insurance act : 1 where death or injury to any person other than a workman or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in the schedule for such death, injury or damage. 2 in any claim for relief under subsection 1 hereinafter referred to in this act as claim for relief, the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person. explanation.for the purposes of this section, i workman has the meaning assigned to it in the workmens compensation act, 8 of ii injury includes permanent total or permanent partial disability or sickness resulting out of an accident.

section 9. of the public liability insurance act : any person authorised by the central government may, for the purposes of ascertaining whether any requirements of this act or of any rule or of any direction given under this act have been compiled with, require any owner to submit to that person such information as that person may reasonably think necessary.

section 4. of the public liability insurance act : 1 every owner shall take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under subsection 1 of section 3: provided that any owner handling any hazardous substance immediately before the commencement of this act shall take out such insurance policy or policies as soon as may be and in any case within a period of one year from such commencement. 2 every owner shall get the insurance policy, referred to in subsection 1, renewed from time to time before the expiry of the period of validity thereof so that the insurance policies may remain in force throughout the period during which such handling is continued. 1 2a no insurance policy taken out or renewed by an owner shall be for an amount less than the amount of the paidup capital of the undertaking handling any hazardous substance and owned or controlled by that owner, and more than the amount, not exceeding fifty crore rupees, as may be prescribed. explanation. for the purposes of this subsection, paidup capital means, in the case of an owner not being a company, the market value of all assets and stocks of the undertaking on the date of contract of insurance. 2b the liability of the insurer under one assurance policy shall not exceed the amount specified in the terms of the contract of insurance in that insurance policy. 2c every owner shall also, together with the amount of premium, pay to the insurer, for being credited to the relief fund established under section 7a, such further amount, not exceeding the sum equivalent to the amount of premium, as may be prescribed. 2d the insurer shall remit to the authority specified in subsection 3 of section 7a the amount received from the owner under subsection 2c for being credited to the relief fund in such manner and within such period as may be prescribed and where the insurer fails to so remit the amount, it shall be recoverable from insurer as arrears of land revenue or of public demand. 3the central government may, by notification, exempt from the operation of subsection 1 any owner, namely: a the central government b any state government c any corporation owned or controlled by the central government or a state government or d any local authority: provided that no such order shall be made in relation to such owner unless a fund has been established and is maintained by that owner in accordance with the rules made in this behalf for meeting any liability under subsection 1 of section 3. 1 ins. by act 11 of , s. 3 w.e.f. .

section 5. of the public liability insurance act : whenever it comes to the notice of the collector that an accident has occurred at any place within his jurisdiction, he shall verify the occurrence of such accident and cause publicity to be given in such manner as he deems fit for inviting applications under subsection 1 of section 6.

section 10. of the public liability insurance act : any person, authorised by the central government in this behalf, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of determining whether any provisions of this act or of any rule or of any direction given under this act is being or has been compiled with and such owner is bound to render all assistance to such person.

section 11. of the public liability insurance act : 1 if a person, authorised by the central government in this behalf, has reason to believe that handling of any hazardous substance is taking place in any place, premises or vehicle, in contravention of subsection 1 of section 4, he may enter into and search such place, premises or vehicle for such handling of hazardous substance. 2 where, as a result of any search under subsection 1 any handling of hazardous substance has been found in relation to which contravention of subsection 1 of section 4 has taken place, he may seize such hazardous substance and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this act: provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with, or otherwise deal with, the hazardous substance and such other things except with the previous permission of that person. 3 he may, if he has reason to believe that it is expedient so to do to prevent an accident dispose of the hazardous substance seized under subsection 2 immediately in such manner as he may deem fit. 4 all expenses incurred by him in the disposal of hazardous substances under subsection 3 shall be recoverable from the owner as arrears of land revenue or of public demand.

section 17. of the public liability insurance act : where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

section 12. of the public liability insurance act : notwithstanding anything contained in any other law but subject to the provisions of this act, the central government may, in exercise of its powers and performance of its functions under this act, issue such directions in writing as it may deem fit for the purposes of this act to any owner or any person, officer, authority or agency and such owner, person, officer, authority or agency shall be bound to comply with such directions. explanation.for the removal of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct a prohibition or regulation of the handling of any hazardous substance or b stoppage or regulation of the supply of electricity, water or any other service

section 13. of the public liability insurance act : show related subordinates 1 if the central government or any person authorised by that government in this behalf has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this act, that government or, as the case may be, that person may make an application to a court, not inferior to that of a metropolitan magistrate or a judicial magistrate first class for restraining such owner from such handling. 2 on receipt of the application under subsection 1, the court may make such order as it deems fit. 3 where under subsection 2, the court makes an order restraining any owner from handling hazardous substance, it may, in that order a direct such owner to desist from such handling b authorise the central government or, as the case may be, the person referred to in subsection1, if the direction under clause a is not complied with by the owner to whom such direction is issued, to implement the direction in such manner as may be specified by the court. 4 all expenses incurred by the central government, or as the case may be, the person in implementing the directions of court under clause b of subsection 3, shall be recoverable from the owner as arrears of land revenue or of public demand.

section 14. of the public liability insurance act : 1 whoever contravenes any of the provisions of 1 subsection 1 or subsection 2 or subsection 2a or subsection 2c of section 4 or fails to comply with any direction issued under section 12, he shall be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years, or with fine which shall not be less than one lakh rupees, or with both. 2 whoever, having already been convicted of an offence under subsection 1, is convicted for the second offence or any offence subsequent to the second offence, he shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than one lakh rupees. 3 nothing contained in section 360 of the code of criminal procedure, 2 of , or in the probation of offenders act, 20 of , shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age. 1 subs. by act 11 of , s. 6, for subsection 1 or subsection 2 w.e.f. .

section 15. of the public liability insurance act : if any owner fails to comply with direction issued under section 9 or fails to comply with order issued under subsection 2 of section 11, or obstructs any person in discharge of his functions under section 10 or subsection 1 or subsection 3 of section 11, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.

section 16. of the public liability insurance act : 1 where any offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals b director, in relation to a firm, means a partner in the firm.

section 18. of the public liability insurance act : show related subordinates no court shall take cognizance of any offence under this act except on a complaint made by a the central government or any authority or officer authorised in this behalf by that government or b any person who has given notice of not less than sixty days in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the authority or officer authorised as aforesaid.

section 19. of the public liability insurance act : show related subordinates the central government may, by notification, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act except the power under section 23 as it may deem necessary or expedient to any person including any officer, authority or other agency.

section 23. of the public liability insurance act : show related subordinates 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely 1 a the maximum amount for which an insurance policy may be taken out by an owner under subsection 2a of section 4 aa the amount required to be paid by every owner for being credited to the relief fund under subsection 2c of section 4 ab the manner in which and the period within which the amount received from the owner is required to be remitted by the insurer under subsection 2d of section 4 2 ac establishment and maintenance of fund under subsection 3 of section 4 b the form of application and the particulars to be given therein and the documents to accompany such application under subsection 2 of section 6 c the procedure for holding an inquiry under subsection 4 of section 7 d the purposes for which the collector shall have powers of a civil court under subsection 5 of section 7 e the manner in which notice of the offence and of the intention to make a complaint to the central government shall be given under clause b of section 18 f any other matter which is required to be, or may be, prescribed. 3 every 3 rule or scheme made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the 3 rule or scheme or both houses agree that the 3 rule or scheme should not be made, the 3 rule or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that 3 rule or scheme. 1 ins. by act 11 of , s. 7 w.e.f. . 2 clause a shall be relettered as clause ac by s. 7, ibid. w.e.f. . 3 subs. by s. 7, ibid., for rule w.e.f. .

section 20. of the public liability insurance act : no suit, prosecution or other legal proceeding shall lie against the government or the person, officer, authority or other agency in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules made or orders or directions issued thereunder.

section 21. of the public liability insurance act : 1 the central government may, from time to time, constitute an advisory committee on the matters relating to the insurance policy under this act. 2 the advisory committee shall consist of a three officers representing the central government b two persons representing the insurers c two persons representing the owners and d two persons from amongst the experts of insurance or hazardous substances. to be appointed by the central government. 3 the chairman of the advisory committee shall be one of the members representing the central government, nominated in this behalf by that government.

section 22. of the public liability insurance act : the provisions of this act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

section 7. of the delivery of books and newspapers public libraries act : 17. application of act to books and newspapers published by government.this act shall also apply to books and newspapers published by or under the authority of the government but shall not apply to books meant for official use only. 1. subs. by s. 7, ibid., for section 7 w.e.f. .

The Delivery of Books and Newspapers (Public Libraries) Act, 1954

section 1. of the delivery of books and newspapers public libraries act : 1 this act may be called the delivery of books 1and newspapers public libraries act, . 2 it extends to the whole of india except the state of jammu and kashmir. 1. ins. by act 99 of , s. 3 w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the delivery of books and newspapers public libraries act : in this act, unless the context otherwise requires: a book includes every volume, part or division of a volume and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed, but does not include a newspaper published in conformity with the provisions of section 5 of the press and registration of books act, xxv of : 1aa newspaper means any printed periodical work containing public news or comments on public news published in conformity with the provisions of section 5 of the press and registration of books act, 25 of . b public libraries means the national library at calcutta and any three other libraries which may be specified by the central government in this behalf by notification in the official gazette. 1. ins. by s. 4, ibid. w.e.f. .

section 6. of the delivery of books and newspapers public libraries act : 1 no court shall take cognizance of any offence punishable under this act save on complaint made by an officer empowered in this behalf by the central government by a general or special order. 2 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 3. of the delivery of books and newspapers public libraries act : 1 subject to any rules that may be made under this act, but without prejudice to the provisions contained in section 9 of the press and registration of books act, xxv of , the publisher of every book published is the territories to which this act extends after the commencement of this act, shall, notwithstanding any agreement to the contrary, deliver at his own expense a copy of the book to the national library at calcutta and one such copy to each of the other three public libraries within thirty days from the date of its publication. 2 the copy delivered to the national library shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the same, and shall be bound, sewed or stitched together and on the best paper on which any copy of the book is printed. 3 the copy delivered to any other public library shall be on the paper on which the largest number of copies of the books is printed for sale, and shall be in the like condition as the book prepared for sale. 4 nothing contained in subsection 1 shall apply to any second or subsequent edition of a book in which edition no additions or alterations either in the letterpress or in the maps, book prints or other engravings belongings to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this act.

section 8. of the delivery of books and newspapers public libraries act : 11 the central government may, by notification in the official gazette, makes rules to carry out the purposes of this act. 22 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 8 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. added by s. 2 and the schedule, ibid. w.e.f. .

section 3a. of the delivery of books and newspapers public libraries act : 13a. delivery of newspapers to public libraries. subject to any rules that may be made under this act, but without prejudice to the provisions contained in the press and registration of books act, 25 of ., the publisher of every newspaper, published in the territories to which this act extends, shall deliver at his own expense one copy of each issue of such newspaper as soon as it is published to each such public library as may be notified in this behalf by the central government in the official gazette. 1. ins. by s. 5, ibid. w.e.f. .

section 5. of the delivery of books and newspapers public libraries act : any publisher who contravenes any provision of this act or of any rule made thereunder shall be punishable with fine which may extend to fifty rupees1and, if the contravention is in respect of a book, shall also be punishable with fine which shall be equivalent to the value of the book, and the court trying the offence may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to the public library to which the book 2or newspaper, as the case may be ought to have been delivered. 1. subs. by act 99 of , s. 6, for and the value of the book w.e.f. . 2. ins. by s. 6, ibid. w.e.f. .

section 4. of the delivery of books and newspapers public libraries act : the person in charge of a public library whether called a librarian or by any other name or any other person authorised by him in this behalf to whom a copy of a book is delivered under section 3 shall give to the publisher a receipt in writing therefor.

section 9. of the northwestern provinces and oudh act : 1 2 all cases or proceedings pending in any civil court in the said division on the said day2 shall be disposed of as follows: a if pending in thecourt of a tahsildar or of an assistant commissioner of the second class by the munsif b if pending in the court of an assistant commissioner of the first classby the subordinate judge c if pending in the court of a deputy commissionerby the district judge d if pending in the court of the commissionerby the district judge, unless the case pending is an appeal from a decree or order of the deputy commissioner, in which case the appeal shall be disposed of by the high court. 3 for the purposes of sections 20 to 22, both inclusive, of the bengal, 3northwestern provinces and assam civil courts act, 12 of , all decrees and orders passed by civil courts in the said division and not appealed against before the said day3 shall be deemed a if passed by the court of a tahsildar or an assistant commissioner of the second classto have been passed by a munsif b if passed by the court of an assistant commissioner of the first classto have been passed by a subordinate judge c if passed by the court of a deputy commissioner or the commissionerto have been passed by a district judge. 4 where any civil court ceases by reason of the passing of this act to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that court had not ceased to have jurisdiction, might have been had therein, may be had in the court to which the business of the former court is transferred by subsection 2 but this subsection shall not apply to cases for which provision is made in section 623 or section 649 of the code of civil procedure1 14 of . 5 in the case of appeals from the decrees and orders mentioned in subsection 3 the period of limitation shall be calculated in accordance with the provisions of section 15 of the jhansi courts act, 18 of , as though this act had not been passed. 1.subsection 1 rep., by act 1 of . 2. that is, the 1st april, . 3. agra has been subs. for northwestern provinces by act 16 of .

section 2. of the northwestern provinces and oudh act : this part shall come into force on such day1 as the said lieutenantgovernor may, by notification in the official gazette, direct.

section 10. of the northwestern provinces and oudh act : this part shall come into force on such day1 as the chief commissioner of oudh may, by notification in the official gazette, direct. 1. 1st january, , see the northwestern provinces and oudh gazette, , pt. i, p.661.

section 8. of the northwestern provinces and oudh act : 1 on and from the said day1 the said division shall cease to be a schedule district 2. 1. that is, the 1st april, . 2. the second clause of subsection 1, and subsection 2 were rep. by act 1 of , s. 2 and sch

section 1. of the northwestern provinces and oudh act : this act may be called the northwestern provinces and oudh act, .

section 3. of the northwestern provinces and oudh act : amendment of act 19 of . rep. by the united provinces landrevenue act, u.p. act 3 of . and whereas it has been determined to annex the jhansi division, comprising the districts of jhansi, jalaun and lalatpur, to the allahabad division and whereas the said jhansi division is a schedule district under the scheduled districts act, 14 of 2 and whereas it is expedient that the law in force in the same division should, on such annexation, be the same as the law in force in the temporarilysettled districts comprised in the allahabad division, and that the said division should cease to be a schedule district it is hereby enacted as follows: 1. the 1st april, , see northwestern provinces and oudh gazette,, pt. i, p. 130. 2. since rep. by the a.o.

section 5. of the northwestern provinces and oudh act : 1 all enactments which shall on the day1 when this part comes into force be in force in the said temporarilysettled districts and not in the said jhansi division shall be deemed to come into force in that division on and from the said day1. 2 except the jhansi encumbered estates act, , 16 of 2 and the jhansi and morar act, ,17 of 3 all enactments which shall on the said day1 be in force in the said division and not in the said temporarily settled districts, including the jhansi courts act, 18 of , and act no. 27 of , shall be deemed to be repealed on and from the said day1 in the said division. 1. that is, the 1st april, . 2. since rep. by the bundelkhand encumbered estates act, u.p. 1 of . 3. rep. by act 42 of .

section 6.. of the northwestern provinces and oudh act : rep. by the bundelkhand encumbered estates act, u.p. act 1 of .

section 7. of the northwestern provinces and oudh act : the functions assigned to the deputy commissioner and the commissioner by the jhansi and morar act, 17 of , shall be discharged by the district judge and the high court, respectively, and references to courts in the jhansi district subordinate to the commissioner shall be deemed to apply to the civil courts established in that district under the bengal, 2northwestern provinces and assam civil courts act, 12 of . 1. rep. by act 42 of . 2. agra has been subs. for northwestern provinces by act 16 of .

section 12.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 11. of the northwestern provinces and oudh act : 1 on and from the day on which this part comes into force the board of revenue constituted under the northwestern provinces landrevenue act, 19 of , shall be deemed to be also the board of revenue for the territories administered by the chief commissioner of oudh, and shall be known and designated as the board of revenue of the northwestern provinces and oudh2. 2 all references made in any enactment as amended by this part to the board of revenue shall be deemed, so far as they relate to oudh, to refer to the said board. 3 in any enactment for the time being in force in the territories administered by the chief commissioner of oudh, in which the expression chief revenueauthority or chief controlling revenueauthority is used, the expression shall, subject to the provisions of any enactment passed after the said day3 , be construed, so far as the said territories are concerned, as referring to the board of revenue of the northwestern provinces and oudh2 . 1. since rep. by the u.p. landrevenue act, u.p. 3 of , s. 2, but not so as to affect anything done under act 19 of , see s. 3. 2. now the board of revenue of the u.p. 3. 1st january, , see the northwestern provinces and oudh gazette, , pt. i, p.661.

section 19.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 14.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 13.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 21.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 15.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 17.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of

section 16.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 18.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 22.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 23.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of

section 30.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 24.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 32.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 31.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of

section 25.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 26.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 27.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 29.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 28.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 40.. of the northwestern provinces and oudh act : rep. by the u.p. act, 4 of

section 33.. of the northwestern provinces and oudh act : rep. by the u.p. act, 3 of .

section 34.. of the northwestern provinces and oudh act : rep. by the u.p. act , 3 of

section 35.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of .

section 36.. of the northwestern provinces and oudh act : rep. by the u.p. act, 5 of .

section 39.. of the northwestern provinces and oudh act : rep. by the u.p. act, 4 of .

section 37.. of the northwestern provinces and oudh act : rep. by the u.p. act, 5 of .

section 38.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 44.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 43.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of .

section 41.. of the northwestern provinces and oudh act : rep. by the u.p. act, 4 of .

section 42.. of the northwestern provinces and oudh act : rep. by the u.p. act, 4 of .

section 49.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 46.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 52.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 53.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 50.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of .

section 51.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 45.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of

section 47.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 48.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of .

section 56.. of the northwestern provinces and oudh act : rep. by the repealing and amending act, 12 of .

section 55.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 61.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 54. of the northwestern provinces and oudh act : all appeals pending when this part comes into force1 from decrees or orders passed under the same act shall be disposed of as if this act had not been passed: provided that the 2 state government may, by order, transfer to the district judge any appeals then pending before the commissioner or collector in cases in which the appeal will, under the oudh rent act, , 22 of as amended by this part, lie to the district judge. 1. that is, the 1st january, . 2. subs. by the a.o. for chief commissioner

section 62. of the northwestern provinces and oudh act : this part shall come into force on such day3 as the lieutenant governor of the northwestern provinces and chief commissioner of oudh may, by notification in the official gazette, direct.

section 59.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of

section 58.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 57.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 60.. of the northwestern provinces and oudh act : rep. by the repealing act, 1 of .

section 64.. of the northwestern provinces and oudh act : amendment of section 4, act 19 of . rep. by the united provinces landrevenue act, u.p. act 3 of .

section 63. of the northwestern provinces and oudh act : 1 notwithstanding anything 1 in section 128 of the oudh rent act, 22 of , the board of revenue of the northwestern provinces and oudh shall, for the disposal of cases under those acts, sit in such place or places in the northwestern provinces or oudh as 2 the state government may, by notification in the official gazette,6 appoint in respect to cases under either of those acts. 2 for the disposal of cases other than those referred to in subsection 1 the said board may, subject to the orders of 2the state government, sit in any place in the northwestern provinces or oudh that the board thinks fit. 1. section 63, so far as it relates to act 12 of , that is the words in s. 152 of the northwestern provinces rent act, , or were rep. by the agra tenancy act, u.p. 2 of . 2.subs. by the a.o. for the said lieutenantgovernor and chief commissioner

section 5b. of the cinematograph act : show related subordinates 1 a film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of 1the sovereignty and integrity of india the security of the state, friendly relations with foreign states, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence. 2 subject to the provisions contained in subsection 1, the central government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this act in sanctioning films for public exhibition. 1 ins. by s. 6, ibid. w.e.f. .

section 1. of the cinematograph act : show related subordinates 1 this act may be called the cinematograph act, . 2 parts i, ii and iv extends to the whole of india 1 and part iii extends to 2the union territories only. 3 this act shall come into force on such date3 as the central government may, by notification in the official gazette, appoint: 4provided that parts i and ii shall come into force in the state of jammu and kashmir only on such date after the commencement of the cinematograph amendment act, 26 of , as the central government may, by notification in the official gazette, appoint. state amendments ladakh ut. section 1.in subsection 3, omit the proviso. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 1. the words except the state of jammu and kashmir omitted by act 25 of , s. 2. 2. subs. by act 3 of , s. 2, for part c states. 3. 28th july, , information and broadcasting ministrys notification no. s.r.o. , dated the 10th june, , see gazette of india, , part ii, s. 3. 4. the proviso added by act 25 of , s. 2. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the cinematograph act : in this act, unless the context otherwise requires, a adult means a person who has completed his eighteenth year 1b board means the board of film certification constituted by the central government under section 3 2bb certificate means the certificate granted by the board under section 5a c cinematograph includes any apparatus for the representation of moving pictures or series of pictures d district magistrate, in relation to a presidencytown, means the commissioner of police 3dd film means a cinematograph film e place includes a house, building, tent and any description of transport, whether by sea, land or air f prescribed means prescribed by rules made under this act 4g regional officer means a regional officer appointed by the central government under section 5 and includes an additional regional officer and an assistant regional officer 5 . 1. subs. by act 49 of , s. 2, for clause b w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. ins. by act 3 of , s. 3. 4. ins. by act 49 of , s. 2 w.e.f. . 5. clause h omitted by act 33 of , s. 9 w.e.f..

section 5a. of the cinematograph act : 11 if, after examining a film or having it examined in the prescribed manner, the board considers that a the film is suitable for unrestricted public exhibition, or, as the case may be, for unrestricted public exhibition with an endorsement of the nature mentioned in the proviso to clause i of subsection 1 of section 4, it shall grant to the person applying for a certificate in respect of the film a u certificate or, as the case may be, a ua certificate or b the film is not suitable for unrestricted public exhibition, but is suitable for public exhibition restricted to adults or, as the case may be, is suitable for public exhibition restricted to members of any profession or any class of persons, it shall grant to the person applying for a certificate in respect of the film an a certificate or, as the case may be, a s certificate, and cause the film to be so marked in the prescribed manner: provided that the applicant for the certificate, any distributor or exhibitor or any other person to whom the rights in the film have passed shall not be liable for punishment under any law relating to obscenity in respect of any matter contained in the film for which certificate has been granted under clause a or clause b. 2 a certificate granted or an order refusing to grant a certificate in respect of any film shall be published in the gazette of india. 3 subject to the other provisions contained in this act, a certificate granted by the board under this section shall be valid throughout india for a period of ten years. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. .

section 4. of the cinematograph act : 1 any person desiring to exhibit any film shall in the prescribed manner make an application to the board for a certificate in respect thereof, and the board may, after examining or having the film examined in the prescribed manner, i sanction the film for unrestricted public exhibition: 1 2provided that, having regard to any material in the film, if the board is of the opinion that it is necessary to caution that the question as to whether any child below the age of twelve years may be allowed to see such a film should be considered by the parents or guardian of such child, the board may sanction the film for unrestricted public exhibition with an endorsement to that effect or ii sanction the film for public exhibition restricted to adults or 3iia sanction the film for public exhibition restricted to members of any profession or any class of persons, having regard to the nature, content and theme of the film or 4iii direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for public exhibition under any of the foregoing clauses or iv refuse to sanction the film for public exhibition. 2 no action under 5the proviso to clause i, clause ii, clause iia, clause iii or clause iv of subsection 1 shall be taken by the board except after giving an opportunity to the applicant for representing his views in the matter. 1. the word or omitted by s. 4, ibid. w.e.f. . 2 the proviso added by s. 4, ibid. w.e.f. . 3 ins. by s. 4, ibid. w.e.f. . 4 subs. by s. 4, ibid., for clause iii w.e.f. . 5 subs. by act 49 of , s. 4, for clause ii, clause iii or clause iv w.e.f. .

section 5c. of the cinematograph act : 15c. appeals.1 any person applying for a certificate in respect of a film who is aggrieved by any order of the board a refusing to grant a certificate or b granting only an a certificate or c granting only a s certificate or d granting only a ua certificate or e directing the applicant to carry out any excisions or modifications, may, within thirty days from the date of such order, prefer an appeal to the 2high court: provided that the 2high court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the aforesaid period of thirty days, allow such appeal to be admitted within a further period of thirty days. 3 1. subs. by act 49 of , s. 7, for section 5c w.e.f. . 2. subs. by act 33 of , s. 9, for tribunal w.e.f. . 3. subsection 2 omitted by s. 9, ibid. w.e.f. .

section 2a. of the cinematograph act : 2a. construction of references to any law not in force or any functionary not in existence in the state of jammu and kashmir.omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 5d. of the cinematograph act : 15d. constitution of appellate tribunal.1 for the purpose of hearing appeals against any order of the board under section 5c, the central government shall, by notification in the official gazette, constitute an appellate tribunal. 2 the head office of the tribunal shall be at new delhi or at such other place as the central government may, by notification in the official gazette, specify. 3 such tribunal shall consist of a chairman and not more than four other members appointed by the central government. 4 a person shall not be qualified for appointment as the chairman of the tribunal unless he is a retired judge of a high court, or is a person who is qualified to be a judge of a high court. 5 the central government may appoint such persons who, in its opinion, are qualified to judge the effect of films on the public, to be members of the tribunal. 6 the chairman of the tribunal shall receive such salary and allowances as may be determined by the central government and the members shall receive such allowances or fees as may be prescribed. 7 subject to such rules as may be made in this behalf, the central government may appoint a secretary and such other employees as it may think necessary for the efficient performance of the functions of the tribunal under this act. 8 the secretary to, and other employees of, the tribunal shall exercise such powers and perform such duties as may be prescribed after consultation with the chairman of the tribunal. 9 the other terms and conditions of service of the chairman and members of, and the secretary to, and other employees of, the tribunal shall be such as may be prescribed. 10 subject to the provisions of this act, the tribunal may regulate its own procedure. 11 the tribunal may, after making such inquiry into the matter as it considers necessary, and after giving the appellant and the board an opportunity of being heard in the matter, make such order in relation to a film as it thinks fit and the board shall dispose of the matter in conformity with such order. 1. ins. by s. 8, ibid. w.e.f. .

section 5f. of the cinematograph act : 15f. review of orders by central government.1 where an applicant for a certificate or any other person to whom the rights in the film have passed, is aggrieved by any order of the central government under section 5e, he may, within sixty days of the date of publication of the notification in the official gazette, make an application to the central government for review of the order, setting out in such application the grounds on which he considers such review to be necessary: provided that the central government may, if it is satisfied that the applicant for a certificate or that other person was prevented by sufficient cause from filing an application for review within the aforesaid period of sixty days, allow such application to be filed within a further period of sixty days. 2 on receipt of the application under subsection 1, the central government may, after giving the aggrieved person a reasonable opportunity of being heard, and after making such further inquiry, as it may consider necessary, pass such order as it thinks fit, confirming, modifying or reversing its decision and the board shall dispose of the matter in conformity with such order. 1. ins. by s. 8, ibid. w.e.f. .

section 3. of the cinematograph act : show related subordinates 13. board of film certification.1 for the purpose of sanctioning films for public exhibition, the central government may, by notification in the official gazette, constitute a board to be called the 2board of film certification which shall consist of a chairman and 3not less than twelve and not more than twentyfive other members appointed by the central government. 2 the chairman of the board shall receive such salary and allowances as may be determined by the central government, and the other members shall receive such allowances or fees for attending the meetings of the board as may be prescribed. 3 the other terms and conditions of service of the members of the board shall be such as may be prescribed. 1. subs. by act 3 of , s. 4, for sections 3 to 6. 2. subs. by act 49 of , s. 3, for board of film censors w.e.f. . 3. subs. by s. 3, ibid., for not more than nine w.e.f. .

section 5. of the cinematograph act : 1 for the purpose of enabling the board to efficiently discharge its functions under this act, the central government may establish at such regional centers as it thinks fit, advisory panels each of which shall consist of such number of persons, being persons qualified in the opinion of the central government to judge the effect of films on the public, as the central government may think fit to appoint thereto. 2 at each regional center there shall be as many regional officers as the central government may think fit to appoint, and rules made in this behalf may provide for the association of regional officers in the examination of films. 3 the board may consult in such manner as may be prescribed, any advisory panel in respect of any film for which an application for a certificate has been made. 4 it shall be the duty of every such advisory panel whether acting as a body or in committees as may be provided in the rules made in this behalf to examine the film and to make such recommendations to the board as it thinks fit. 5 the members of the advisory panel shall not be entitled to any salary but shall receive such fees or allowances as may be prescribed.

section 6a. of the cinematograph act : 16a. information and documents to be given to distributors and exhibitors with respect to certified films.any person who delivers any certified film to any distributor or exhibitor shall, in such manner as may be prescribed, notify to the distributor or exhibitor, as the case may be, the title, the length of the film, the number and the nature of the certificate granted in respect thereof and the conditions, if any, subject to which it has been so granted, and any other particulars respecting the film which may be prescribed. 1. ins. by act 19 of , s. 3 w.e.f. .

section 7. of the cinematograph act : 11 if any person a exhibits or permits to be exhibited in any place i any film other than a film which has been certified by the board as suitable for unrestricted public exhibition or for public exhibition restricted to adults 2or to members of any profession or any class of persons and which, when exhibited, displays the prescribed mark of the board and has not been altered or tampered with in any way since such mark was affixed thereto, ii any film, which has been certified by the board as suitable for public exhibition restricted to adults, to any person who is not an adult, 3 2iia any film which has been certified by the board as suitable for public exhibition restricted to any profession or class of persons, to a person who is not a member of such profession or who is not a member of such class, or b without lawful authority the burden of proving which shall be on him, alters or tampers with in any way, any film after it has been certified, or c fails to comply with the provision contained in section 6a or with any order made by the central government or by the board in the exercise of any of the powers or functions conferred on it by this act or the rules made thereunder, 4he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both, and in the case of a continuing offence with a further fine which may extend to twenty thousand rupees for each day during which the offence continues: provided that a person who exhibits or permits to be exhibited in any place a video film in contravention of the provisions of subclause i of clause a shall be punishable with imprisonment for a term which shall not be less than three months, but which may extend to three years and with fine which shall not be less than twenty thousand rupees, but which may extend to one lakh rupees, and in the case of a continuing offence with a further fine which may extend to twenty thousand rupees for each day during which the offence continues: provided further that a court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three months, or a fine of less than twenty thousand rupees: 4provided further that notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for any metropolitan magistrate, or any judicial magistrate of the first class specially empowered by the state government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person convicted of any offence punishable under this part: 4provided also that no distributor or exhibitor or owner or employee of a cinema house shall be liable to punishment for contravention of any condition of endorsement of caution on a film certified as ua under this part. 2 if any person is convicted of an offence punishable under this section committed by him in respect of any film, the convicting court may further direct that the film shall be forfeited to the government. 3 the exhibition of a film, in respect of which an a certificate 5or a s certificate or a ua certificate has been granted, to children below the age of three years accompanying their parents or guardians shall not be deemed to be an offence within the meaning of this section. 1. subs. by s. 4, ibid., for subsection 1. 2. ins. by act 49 of , s. 11 w.e.f. . 3. the word or omitted by s. 11, ibid. w.e.f. . 4. subs. by act 56 of , s. 3, for certain words w.e.f. . 5. ins. by act 49 of , s. 11 w.e.f. .

section 5e. of the cinematograph act : 15e. suspension and revocation of certificate.1 notwithstanding anything contained in subsection 2 of section 6, the central government may, by notification in the official gazette, suspend a certificate granted under this part, for such period as it thinks fit or may revoke such certificate if it is satisfied that i the film in respect of which the certificate was granted, was being exhibited in a form other than the one in which it was certified or ii the film or any part thereof is being exhibited in contravention of the provisions of this part or the rules made thereunder. 2 where a notification under subsection 1 has been published, the central government may require the applicant for certificate or any other person to whom the rights in the film have passed, or both, to deliver up the certificate and all duplicate certificates, if any, granted in respect of the film to the board or to any person or authority specified in the said notification. 3 no action under this section shall be taken except after giving an opportunity to the person concerned for representing his views in the matter. 4 during the period in which a certificate remains suspended under this section, the film shall be deemed to be an uncertified film. 1. ins. by s. 8, ibid. w.e.f. .

section 7b. of the cinematograph act : 17b. delegation of powers by board.21 the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by the board under this act shall, 3in relation to the certification of the films under this part and subject to such condition, if any, as may be specified in the order, be exercisable also by the chairman or any other member of the board, and anything done or action taken by the chairman or other member specified in the order shall be deemed to be a thing done or action taken by the board. 42 the central government may, by order and subject to such conditions and restrictions as may be prescribed, authorise the regional officers to issue provisional certificates. 1. ins. by act 3 of , s. 5. 2 section 7b renumbered as subsection 1 thereof by act 49 of , s. 13 w.e.f. . 3 subs. by s. 13, ibid., for in relation to such matters w.e.f. . 4 ins. by s. 13, ibid. w.e.f. .

section 7d., not to invalidate proceeding. of the cinematograph act : 17d. vacancies, etc., not to invalidate proceeding. no act or proceeding of 1, the board or of any advisory panel shall be deemed to be invalid by reason only of a vacancy in, or any defect in, the constitution of 1 the board or panel, as the case may be. 1. ins. by s. 8, ibid. w.e.f. . 2. the words the tribunal omitted by act 33 of , s. 9 w.e.f. .

section 6. of the cinematograph act : 1 notwithstanding anything contained in this part, the central government 1may, of its own motion, at any stage, call for the record of any proceeding in relation to any film which is pending before, or has been decided by, the board, 2 and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the board shall dispose of the matter in conformity with such order: provided that no such order shall be made prejudicially affecting any person applying for a certificate or to whom a certificate has been granted, as the case may be, except after giving him an opportunity for representing his views in the matter: 3provided further that nothing in this subsection shall require the central government to disclose any fact which it considers to be against public interest to disclose. 2 without prejudice to the powers conferred on it under subsection 1, the central government may, by notification in the official gazette, direct that a a film which has been granted a certificate shall be deemed to be an uncertified film in the whole or any part of india or b a film which has been granted a u certificate 3 or a ua certificate or a s certificate shall be deemed to be a film in respect of which an a certificate has been granted or c the exhibition of any film be suspended for such period as may be specified in the direction: provided that no direction issued under clause c shall remain in force for more than two months from the date of the notification. 3 no action shall be taken under clause a or clause b of subsection 2 except after giving an opportunity to the person concerned for representing his views in the matter. 4 during the period in which a film remains suspended under clause c of subsection 2, the film shall be deemed to be an uncertified film. 1. subs. by act 49 of , s. 9, for may at any stage w.e.f. . 2. the words and brackets or, as the case may be, decided by the tribunal but not including any proceeding in respect of any matter which is pending before the tribunal omitted by act 33 of , s. 9 w.e.f. .. 3. ins. by act 49 of , s. 9, w.e.f. .

section 6b.. of the cinematograph act : offences to be cognizableomitted by the cinematograph amendment act, s. 2 w.e.f. .

section 7e. of the cinematograph act : 17e. members of the board and advisory panels to be public servants. all members of 2 the board and of any advisory panel shall, when acting or purporting to act in pursuance of any of the provisions of this act, be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. ins. by s. 8, ibid. w.e.f. . 2. the words the tribunal omitted by act 33 of , s. 9 w.e.f. .

section 7a. of the cinematograph act : 17a. power of seizure.1 where a film in respect of which no certificate has been granted under this act is exhibited, or a film certified as suitable for public exhibition restricted to adults is exhibited to any person who is not an adult or a film is exhibited in contravention of any of the other provisions contained in this act or of any order made by the central government 2, the 3high court or the board in the exercise of any of the powers conferred on it, any police officer may, 4 enter any place in which he has reason to believe that the film has been or is being or is likely to be exhibited, search it and seize the film. 2 all searches under this act shall be carried out in accordance with the provisions of the 5code of criminal procedure, 2 of , relating to searches. 1. ins. by act 3 of , s. 5. 2. ins. by act 49 of , s. 12 w.e.f. . 3. subs. by act 33 of , s. 9, for tribunal w.e.f. . 4. certain words omitted by s. 12, ibid. w.e.f. . 5. subs. by s. 12, ibid., for code of criminal procedure, 5 of w.e.f. .

section 7c. of the cinematograph act : 17c. power to direct exhibition of films for examination. for the purpose of exercising any of the powers conferred on it by this act, the central government 2, the 3high court or the board may require any any film to be exhibited before it or before 4any person or authority specified by it in this behalf. 1. ins. by s. 8, ibid. w.e.f. . 2. ins. by s. 14, ibid. w.e.f. . 3. subs. by act 33 of , s. 9, for tribunal w.e.f. . 4. subs. by s. 14, ibid., for any person w.e.f. .

section 12. of the cinematograph act : 1 the licensing authority shall not grant a licence under this part, unless it is satisfied that a the rules made under this part have been substantially complied with, and b adequate precautions have been taken in the place, in respect of which the licence is to be given, to provide for the safety of persons attending exhibitions therein. 2 subject to the foregoing provisions of this section and to the control of the state government, the licensing authority may grant licences under this part to such persons as that authority thinks fit and on such terms and conditions and subject to such restrictions as it may determine. 3 any person aggrieved by the decision of a licensing authority refusing to grant a licence under this part may, within such time as may be prescribed, appeal to the state government or to such officer as the state government may specify in this behalf and the state government or the officer, as the case may be, may make such order in the case as it or he thinks fit. 4 the central government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any film or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, and where any such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.

section 13. of the cinematograph act : 1 the lieutenantgovernor or, as the case may be, the chief commissioner, in respect of the 1whole or any part of a union territory, and the district magistrate in respect of the district within his jurisdiction, may, if he is of opinion that any film which is being publicly exhibited is likely to cause a breach of the peace, by order, suspend the exhibition of the film and during such suspension the film shall be deemed to be an uncertified film in the state, part or district, as the case may be. 2 where an order under subsection 1 has been issued by the chief commissioner or a district magistrate, as the case may be, a copy thereof, together with a statement of reasons therefore, shall forthwith be forwarded by the person making the same to the central government, and the central government may either confirm or discharge the order. 3 an order made under this section shall remain in force for a period of two months from the date thereof, but the central government may, if it is of opinion that the order should continue in force, direct that the period of suspension shall be extended by such further period as it thinks fit. 1. subs. by act 58 of , s. 3 and schedule ii, for whole part c state or any part thereof.

section 7f. of the cinematograph act : 17f. bar of legal proceedings. no suit or other legal proceeding shall lie against 2the central government, the 3 the board, advisory panel or any officer or member of 4the central government, the tribunal, the board or advisory panel, as the case may be, in respect of anything which is in good faith done or intended to be done under this act. 1. ins. by s. 8, ibid. w.e.f. . 2. subs. by s. 17, ibid., for the central government, the board w.e.f. . 3.the words the tribunal omitted by act 33 of , s. 9 w.e.f. . 4. subs. by s. 17, ibid., for the central government, board or w.e.f. .

section 8. of the cinematograph act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for the purpose of carrying into effect the provisions of this part. 12 in particular, and without prejudice to the generality of the foregoing power, rules made under this section may provide for a the allowances or fees payable to the members of the board b the terms and conditions of service of the members of the board c the manner of making an application to the board for a certificate and the manner in which a film has to be examined by the board and the fees to be levied therefore d the association of regional officers in the examination of films, the conditions and restrictions subject to which regional officers may be authorised under section 7b to issue provisional certificates and the period of validity of such certificates e the manner in which the board may consult any advisory panel in respect of any film f the allowances or fees payable to the members of advisory panel g the marking of the films 2 l the conditions including conditions relating to the length of films in general or any class of films, in particular subject to which any certificate may be granted, or the circumstances in which any certificate shall be refused m any other matter which is required to be or may be prescribed. 3 3 every rule made by the central government under this part shall be laid, as soon as may be after after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by s. 18, for subsection 2 w.e.f. . 2. clauses h, i, j and k omitted by act 33 of , s. 9 w.e.f. . 3. subs. by act 25 of , s. 4, for subsection 3.

section 9. of the cinematograph act : the central government may, by order in writing exempt, subject to such conditions and restrictions, if any, as it may impose, the exhibition of any film or class of films from any of the provisions of this part or of any rules made thereunder.

section 10. of the cinematograph act : save as otherwise provided in this part, no person shall give an exhibition by means of a cinematograph elsewhere than in a place licensed under this part or otherwise than in compliance with any conditions and restrictions imposed by such licence.

section 14. of the cinematograph act : if the owner or person in charge of a cinematograph uses the same or allows it to be used, or if the owner or occupier of any place permits that place to be used in contravention of the provisions of this part or of the rule made thereunder, or of the conditions and restrictions upon or subject to which any licence has been granted under this part, he shall be punishable with fine which may extend to one thousand rupees and, in the case of a continuing offence, with a further fine which may extend to one hundred rupees for each day during which the offence continues.

section 11. of the cinematograph act : the authority having power to grant licences under this part hereinafter referred to as the licensing authority shall be the district magistrate: provided that the state government may, by notification in the official gazette, constitute, for the whole or any part of a 1union territory, such other authority as it may specify in the notification to be the licensing authority for the purposes of this part. 1. subs. by act 58 of , s. 3 and schedule ii, for part c state.

section 18. of the cinematograph act : the cinematograph act, 2 of is hereby repealed: provided that in relation to part a states and part b states the repeal shall have effect only in so far as the said act relates to the sanctioning of cinematograph films for exhibition.

section 17. of the cinematograph act : the central government may, by order in writing exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibitions from any of the provisions of this part or of any rules made thereunder.

section 16. of the cinematograph act : 11 the central government may, by notification in the official gazette, make rules a prescribing the terms, conditions and restrictions, if any, subject to which licences may be granted under this part b providing for the regulation of cinematograph exhibitions for securing the public safety c prescribing the time within which and the conditions subject to which an appeal under subsection 3 of section 12 may be preferred. 22 every rule made by the central government under this part shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. section 16 renumbered as subsection 1 thereof by act 49 of , s. 19 w.e.f. . 2. ins. by s. 19, ibid. w.e.f. .

section 15. of the cinematograph act : where the holder of a licence has been convicted of an offence under section 7 or section 14, the licence may be revoked by the licensing authority.

section 8., and their powers. of the cineworkers welfare fund act : 1 the central government may appoint as many welfare commissioners, welfare administrators, inspectors and such other officers and staff as it thinks necessary for the purposes of this act and the cine workers welfare cess act, 30 of . 2 the central government may, by general or special order, direct a welfare commissioner to appoint such staff as is considered necessary for the purposes of this act and the cineworkers welfare cess act, 30 of . 3 every person appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of . 4 any welfare commissioner may, a with such assistance, if any, as he may think fit, enter, at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this act and the cineworkers welfare cess act, 30 of b do within such place anything necessary for the proper discharge of his duties and c exercise such other powers as may be prescribed.

section 1. of the cineworkers welfare fund act : show related subordinates 1 this act may be called the cineworkers welfare fund act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st november, , vide notification no. g.s.r. 721e, dated 12th october, , see gazette of india, extraordinary, part i, sec. 3 i.

section 2. of the cineworkers welfare fund act : in this act, unless the context otherwise requires, a cinematograph film has the same meaning as in the cinematograph act, 37 of b cineworker means an individual i who has been employed, directly or through any contractor or in any other manner, in or in connection with the production of not less than five feature films to work as an artiste including actor, musician or dancer or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise and 1 ii whose remuneration with respect to such employment in or in connection with the production of each of any five feature films, not being less than the monthly remuneration or lump sum remuneration stipulated prior to the commencement of the cineworkers welfare fund amendment act, 56 of , does not exceed such sum, whether monthly or by way of lump sum or instalments, as may be specified by the central government by notification in the official gazette c feature film means a full length cinematograph film produced wholly or partly in india with a format and a story woven around a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction and does not include an advertisement film d fund means the cineworkers welfare fund formed under section 3 e prescribed means prescribed by rules made under this act f producer, in relation to a feature film, means the person by whom arrangements necessary for the making of such film including the raising of finance and engaging cineworkers for such filmmaking are undertaken. 1. subs. by act 56 of , s. 2, for subclause ii w.e.f. .

section 7. of the cineworkers welfare fund act : 1 an advisory committee or the central advisory committee may, at any time and for such period as it thinks fit, coopt any person or persons to the advisory committee. 2 a person coopted under subsection 1 shall exercise all the powers and functions of a member under this act but shall not be entitled to vote. 3 an advisory committee or the central advisory committee may, if it considers it necessary or expedient so to do, invite any person to attend its meeting and when such person attends any meeting, he shall not be entitled to vote thereat.

section 3. of the cineworkers welfare fund act : there shall be formed a fund, to be called the cineworkers welfare fund, and there shall be credited thereto a such amounts as the central government may, after due appropriation made by parliament by law in this behalf, provide from out of the proceeds of the duty of excise credited under section 5 of the cineworkers welfare cess act, 30 of , after deducting therefrom the cost of collection as determined by the central government under this act b any grants made to the fund by the central government c any money received as donations for the purposes of this act d any income from investment of the amounts in the fund.

section 10. of the cineworkers welfare fund act : the central government may require a producer to furnish, for the purposes of this act, such statistical and other information in such form and within such period as may be prescribed.

section 5. of the cineworkers welfare fund act : 1 the central government may constitute as many advisory committees as it thinks fit to advise the central government on such matters arising out of the administration of this act as may be referred to it by that government, including matters relating to the application of the fund. 2 each advisory committee shall consist of such number of persons as may be appointed to it by the central government and the members shall be chosen in such manner as may be prescribed: provided that each advisory committee shall include an equal number of members representing the government, the cineworkers and the producers. 3 the chairman of each advisory committee shall be appointed by the central government. 4 the central government shall publish in the official gazette the names of the members of every advisory committee.

section 11. of the cineworkers welfare fund act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for a the manner in which the fund may be applied for the measures and facilities specified in subsection 1 of section 4 b the conditions governing the grant of any loan under clause b of subsection 1 of section 4 c the composition of the advisory committees and the central advisory committee constituted under sections 5 and 6 respectively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the advisory committees and the central advisory committee shall conduct their business d the recruitment, conditions of service and the duties of all persons appointed under section 8 e the powers that may be exercised by a welfare commissioner, a welfare administrator and an inspector appointed under section 8 f the furnishing to the central government by a producer of such statistical and other information as may be required to be furnished under section 10 g the form in which and the period within which the statistical and other information are to be furnished under clause f h any other matter which has to be, or may be, prescribed by rules under this act. 3 in making any rule under clause f or clause g of sub section 2, the central government may direct that a breach thereof shall be punishable with fine which may extend to two thousand rupees. 4 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the cineworkers welfare fund act : 1 the central government may constitute a central advisory committee to coordinate the work of the advisory committees constituted under section 5 and to advise the central government on any matter arising out of the administration of this act. 2 the central advisory committee shall consist of 1 such number of members as may be appointed by the central government and the members shall be chosen in such manner as may be prescribed: provided that the central advisory committee shall include at least three members representing the government, the cineworkers and the producers. 3 the chairman of the central advisory committee shall be appointed by the central government. 4 the central government shall publish in the official gazette the names of the members of the central advisory committee. 1. subs. by act 26 of , s. 4, for eleven members appointed w.e.f. .

section 4. of the cineworkers welfare fund act : 1 the fund shall be applied by the central government to meet the expenditure incurred in connection with measures and facilities which, in the opinion of that government, are necessary or expedient to promote the welfare of cineworkers and, in particular, a to defray the cost of such welfare measures or facilities for the benefit of cineworkers as may be decided by the central government b to provide assistance in the form of grants or loans to indigent cineworkers c to sanction any money in aid of any scheme for the welfare of the cineworkers 1 , including family welfare, family planning, education and services which is approved by the central government d to meet the allowances, if any, of the members of the advisory committees and the central advisory committee constituted under sections 5 and 6 respectively and the salaries and allowances, if any, of persons appointed under section 8 e any other expenditure which the central government may direct to be defrayed from the fund. 2 the central government shall have power to decide whether any particular expenditure is or is not debitable to the fund, and its decision shall be final 1. ins. by act 26 of , s. 3 w.e.f. .

section 9. of the cineworkers welfare fund act : the central government shall, as soon as may be, after the end of each financial year, cause to be published in the official gazette, a report giving an account of the activities financed under this act during the financial year, together with a statement of accounts.

section 8. of the exportimport bank of india act : the directors and the members of a committee shall be paid such fees and allowances as may be prescribed for attending the meetings of the board or of any committee constituted in pursuance of this act and for attending to any other work of the exim bank:/hrt1 provided that no fees shall be payable to the chairman, if he is appointed as a wholetime chairman, or to the managing director 1 or the wholetime director or to any other director or member who is an official of the government, the reserve bank or the development bank. 1. ins. by act 11 of , s. 4 w.e.f. .

section 1. of the exportimport bank of india act : 1 this act may be called the exportimport bank of india act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act. 1 1st january , vide notification no. s.o. 919e, dated 29th december, except section 26, see gazette of india, extraordinary, part ii, sec. 3ii. 1st march , vide notification no. s.o. 91e, dated 23rd february, in respect of section 26, see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the exportimport bank of india act : show related subordinates in this act, unless the context otherwise requires, a board means the board of directors of the exim bank referred to in section 6 b development bank means the industrial development bank of india established under the industrial development bank of india act, 18 of c exim bank means the exportimport bank of india established under section 3 d export and import mean, respectively, export from or import into india or any other country of goods or services, or both e goods includes all materials, commodities and articles in a solid, liquid or gaseous state and all forms of energy f notification means a notification published in the official gazette g prescribed means prescribed by regulations made under this act h reserve bank means the reserve bank of india constituted under the reserve bank of india act, 2 of i scheduled bank means a bank, for the time being, included in the second schedule to the reserve bank of india act, 2 of j services includes, i providing personnel including skilled or unskilled workmen and persons for rendering technical or other services for the purposes of any work or project by whatever name called or any activity ii transferring of technology, including transferring, or securing the transfer of rights, knowhow, expertises or other skill with respect to any patent, invention, model, design, secret formula or process or similar property iii furnishing any information, blueprints, plans, or advice with respect to any matter and iv making available any other resources.

section 7. of the exportimport bank of india act : 1 the board may constitute such committees whether consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons for such purpose or purposes as it may think fit. 2 any committee constituted under subsection 1 shall meet at such times and places and shall observe such rules or procedure in regard to the transaction of business at its meeting as may be prescribed.

section 3. of the exportimport bank of india act : 1 with effect from such date as the central government may, by notification, appoint, there shall be established for the purposes of this act a corporation to be known as the exportimport bank of india. 2 the exim bank shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by that name, sue or be sued. 3 the head office of the exim bank shall be at bombay or at such other place as the central government may, by notification, specify. 4 the exim bank may establish offices, branches or agencies at such places in or outside india as it may consider necessary.

section 9. of the exportimport bank of india act : no person shall be a director of the board constituted under this act, who a is, or at any time has been, adjudged insolvent, or b is of unsound mind and has been so declared by a competent court, or c is, or has been, convicted of an offence which, in the opinion of the central government, involves moral turpitude, or d has, in the opinion of the central government, so abused his position as a director, as to render his continuance on the board detrimental to the interests of the general public, or e has been, for any reason, removed from the board.

section 4. of the exportimport bank of india act : 11 the authorised capital of the exim bank shall be ten thousand crores of rupees: provided that the central government may, by notification, increase the said capital up to an amount that it may deem necessary from time to time. 2 the issued capital of the exim bank shall be wholly subscribed by the central government. 1. subs. by act 11 of , s. 2, for subsection 1 w.e.f. .

section 6. of the exportimport bank of india act : 1 the board of directors of the exim bank shall consist of the following, namely: a a chairman and a managing director appointed by the central government: provided that the same person may be appointed to function both as chairman and as managing director 1 aa two wholetime directors appointed by the central government b one director nominated by the reserve bank c one director nominated by the development bank d one director nominated by the export credit and guarantee corporation limited, being a government company within the meaning of section 617 of the companies act, 1 of e not more than twelve directors nominated by the central government of whom i five directors shall be officials of the central government ii not more than three directors shall be from the scheduled banks iii not more than four directors shall be persons who have special knowledge of, or professional experience in, export or import or financing thereof. 2 the chairman and the managing director 2 or the wholetime director shall hold office for such term, not exceeding 3 five years, as the central government may specify in this behalf and any person so appointed shall be eligible for reappointment. 3 notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the term of office of the chairman or the managing director, 2 or the wholetime director as the case may be, at any time before the expiry of the term specified under subsection 2, by giving him notice of not less than three months in writing or three months salary and allowances in lieu thereof, and the chairman or the managing director, 2 or the wholetime director as the case may be, shall also have the right to relinquish his office at any time before the expiry of the term specified under subsection 2 by giving to the central government notice of not less than three months in writing or three months salary and allowances in lieu thereof. 4 the chairman and the managing director 2 or the wholetime director shall receive such salary and allowances as may be determined by the central government. 5 the central government may, at any time, remove the chairman or the managing director, 2 or the wholetime director as the case may be, from office: provided that no person shall be removed from his office under this subsection unless he has been given an opportunity of showing cause against his removal. 4 6 subject to the provisions contained in subsection 7, any director nominated under clause b or clause c or clause d or clause e of subsection 1 and not being an official of government or not being a wholetime director or official of the reserve bank or the development bank or the said export credit and guarantee corporation limited or a scheduled bank, shall hold office for such term, not exceeding three years, as the central government or, as the case may be, the authority nominating him, may specify in this behalf 5 , and shall be eligible for renomination: provided that no such director shall hold office continuously for a period exceeding six years. 7 any 6 director nominated under this section shall hold office during the pleasure of the authority nominating him. 8 the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 9 the chairman or, if for any reason he is unable to attend a meeting of the board, the managing director 2 or the wholetime director or, in the event of both the chairman and the managing director 2 or the wholetime director being unable to attend a meeting, any other director nominated by the chairman in this behalf and in the absence of such nomination any director elected by the directors present from among themselves, shall preside at the meeting. 10 all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and voting, and in the event of an equality of votes, the chairman, or in his absence, the managing director, 7 or the wholetime director or in the absence of both the chairman and the managing director, 7 or the wholetime director the person presiding, shall have and exercise a second or casting vote. 11 save as otherwise provided in subsection 10, every director of the board shall have one vote. 1. ins. by s. 3, ibid. w.e.f. . 2. ins. by act 11 of , s. 3 w.e.f. 3. subs. by act 81 of , s. 16, for three years w.e.f. . 4. subs. by act 66 of , s. 39, for subsection 6 w.e.f. . 5. the words and thereafter until his successor enters upon his office omitted by act 45 of , s. 18 w.e.f. . 6. the word other omitted by act 66 of , s. 39 w.e.f . 7. ins. by act 11 of , s. 4 w.e.f. .

section 5. of the exportimport bank of india act : 1 the general superintendence, direction and management of the affairs and business of the exim bank shall vest in the board, which may exercise all powers and do all acts and things which may be exercised or done by the exim bank. 2 save as otherwise provided in the regulations made under this act a the chairman, if he is a wholetime director or if he is holding offices both as the chairman and the managing director, or b the managing director, if the chairman is not a wholetime director, or, if the chairman being a wholetime director, is absent, shall also have powers of general superintendence, direction and management of the affairs and business of the exim bank and may also exercise all powers and do all acts and things which may be exercised or done by the exim bank. 3 subject to the provisions of this act, the board in discharging its functions shall act on business principles with due regard to public interest. 4 in the discharge of its functions under this act, the exim bank shall be guided by such directions in matters of policy involving public interest as the central government may give to it in writing.

section 10. of the exportimport bank of india act : 1 the exim bank may grant in or outside india loans and advances by itself or in participation with any bank or financial institution whether in or outside india for the purposes of export or import and shall also function as the principal financial institution for coordinating the working of institutions engaged in financing of the export and import in such manner as it may deem appropriate. 2 the exim bank may also carry on and transact all or any of the following kinds of business, namely: a granting loans and advances to a scheduled bank or any other bank or financial institution notified in the official gazette by the central government in this behalf by way of refinance of loans and advances granted by it for purpose of export or import b underwriting the issue of stocks, shares, bonds or debentures of any company engaged in export or import c issuing bid bonds or guarantees in or outside india by itself or in participation with any government, bank or financial institution in or outside india d accepting, collecting, discounting, rediscounting, purchasing, selling or negotiating in or outside india, bills of exchange or promissory notes arising out of transactions relating to export or import and granting of loans and advances in or outside india against such bills or promissory notes e granting, opening, issuing, confirming or endorsing letters of credit and negotiating or collecting bills and other documents drawn thereunder f undertaking any transaction involving a combination of government to government and commercial credit for purposes of export or import g granting lines of credit to the government of any foreign state or any financial institution or person outside india for purposes of export or import h granting loans and advances outside india for any indian joint venture i granting loans and advances to any person in india in connection with his equity contribution in any joint venture in any country outside india j financing export or import of machinery and equipment on lease basis k subscribing to, or investing in, or purchasing of, stocks, shares, bonds or debentures of any development bank or exportimport bank of any country outside india l buying or selling of, or entering into such other dealings in, foreign exchange, as may be necessary for the discharge of its functions m opening of any account in any bank in or outside india or the making of any agency arrangement with, or acting as an agent or correspondent of, any bank or other institution in or outside india n transferring, for consideration, any instrument relating to loans and advances granted by it o issuing participation certificates p subscribing to, or investing in, or purchasing of stocks, shares, bonds or debentures to the extent necessary for the enforcement of a lien, pledge or other contractual right q undertaking and financing of research, surveys, technoeconomic or any other study in connection with the promotion and development of international trade r providing technical, administrative and financial assistance of any kind for export or import s planning, promoting, developing and financing exportoriented concerns t forming or conducting subsidiaries for carrying out its functions u acting as agent of the central government, any state government, the reserve bank, the development bank or any other person as the central government may authorise v collecting, compiling and disseminating market and credit information in respect of international trade w doing any other kind of business which the central government may authorise x generally doing such other acts and things as may be incidental to, or consequential upon, the exercise of its powers or the discharge of its duties under this act or any other law for the time being in force, including sale or transfer of any of its assets. 3 the exim bank may receive in consideration of any of the services mentioned in subsections 1 and 2 such commission, brokerage, interest, remuneration or fees as may be agreed upon. 4 the exim bank shall not grant any loan or advance or other financial accommodation on the security of its own bonds or debentures.

section 17. of the exportimport bank of india act : 1 where the exim bank considers it necessary or desirable so to do, it may, subject to the provisions of subsections 2 and 3, disburse or spend from the export development fund any amount on account or in consequence of the grant of any loan or advance, or on account or in consequence of entering into any arrangement under subsection 1 or clause b or clause c or clause d or clause q or clause r or clause s or clause w or clause x of subsection 2 of section 10: provided that before granting any such loan or advance or entering into any such arrangement, the exim bank shall obtain the prior approval of the central government. 2 before seeking the approval of the central government under subsection 1, the exim bank shall satisfy itself that banking or other financial institutions or other agencies are not likely to grant such loan or advance, or to enter into any such arrangement in the ordinary course of business. 3 the central government shall, before giving its approval, satisfy itself that such loan, advance or arrangement is necessary as a matter of priority in the interests of the international trade of the country. 4 for the removal of doubts, it is hereby declared that nothing contained in this section shall be deemed to preclude the exim bank from granting any loan or advance or from entering into any arrangement under subsection 1 or clause b or clause c or clause d or clause q or clause r or clause s or clause w or clause x of subsection 2 of section 10 without the approval of the central government, if no amount in respect thereof is to be disbursed or spent from the export development fund.

section 11. of the exportimport bank of india act : the central government may, after due appropriation made by parliament by law in this behalf, advance to the exim bank a a loan of twenty crores of rupees at a rate of interest of five and a quarter per cent. per annum repayable in fifteen equal annual instalments, commencing on the expiry of a period of fifteen years from the date of receipt of the loan and b such further sums of money by way of loan on such terms and conditions as may be agreed upon: provided that the central government may, on a request being made to it by the exim bank, increase the number of instalments or alter the amount of any instalment or vary the date on which any instalment is payable under clause a.

section 12. of the exportimport bank of india act : show related subordinates 1 the exim bank may, for the purposes of carrying out its functions under this act, a issue and sell bonds and debentures with or without the guarantee of the central government b borrow money from the reserve bank i repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date on which the money is so borrowed against the security of stocks, funds and securities other than immovable property in which a trustee is authorised to invest trust money by any law for the time being in force in india ii against bills of exchange or promissory notes arising out of bona fide commercial or trade transactions and bearing two or more good signatures and maturing within five years from the date of the borrowing iii out of the national industrial credit long term operations fund established under section 46c of the reserve bank of india act, 2 of for any of the purposes specified in that section c borrow money from such other authority, organisation or institution in india as may generally or specially be approved by the central government d accept deposits repayable after the expiry of a period which shall not be less than twelve months from the date of the making of the deposit on such terms as may generally or specially be approved by the reserve bank. 2 the central government may, on a request being made to it by the exim bank, guarantee the bonds and debentures issued by that bank as to the repayment of principal and the payment of interest at such rate as may be fixed by that government.

section 13. of the exportimport bank of india act : notwithstanding anything contained in the foreign exchange regulation act, 46 of or in any other law for the time being in force relating to foreign exchange, the exim bank may, for the purpose of granting loans and advances under this act, borrow, with the previous consent of the central government, foreign currency from any foreign state or from any bank or financial institution in any foreign country or otherwise.

section 14., to exim bank. of the exportimport bank of india act : the exim bank may receive gifts, grants, donations or benefactions from government or any other source in or outside india.

section 15. of the exportimport bank of india act : with effect from such date as the central government may, by notification, appoint, the exim bank shall establish a special fund to be called the export development fund.

section 16. of the exportimport bank of india act : to the export development fund shall be credited a all amounts received for the purposes of that fund by way of loans, gifts, grants, donations or benefactions from government or any other source in or outside india b repayments or recoveries in respect of loans, advances or other facilities granted from the fund c income or profits from investments made from the fund and d income accruing or arising to the fund by way of interest or otherwise, on account of the application of the fund in accordance with the provisions of section 17.

section 22. of the exportimport bank of india act : 1 the balancesheet and accounts of the exim bank shall be prepared in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the exim bank to be closed and balanced as on the 31st day of december each year.

section 18. of the exportimport bank of india act : 1 to the export development fund shall be debited a such amounts as may from time to time be disbursed or spent under subsection 1 of section 17 b such amounts as may be required for discharging the liabilities in respect of loans received for the purposes of that fund c any loss arising on account of investment made out of that fund and d such expenditure arising out of, or in connection with, the administration and application of the fund as may be determined by the board. 2 no amount shall be debited to the export development fund except as provided for in subsection 1.

section 23. of the exportimport bank of india act : 1 the exim bank may establish a reserve fund to which may be transferred such sums as that bank may deem fit out of the annual profits accruing to the general fund. 2 after making provision for bad and doubtful debts, depreciation of assets and for all other matters for which provision is necessary or expedient or which is usually provided for by bankers and for the reserve fund referred to in subsection 1, the exim bank shall transfer the balance of the net profits to the central government.

section 19. of the exportimport bank of india act : 1 the balancesheet and accounts of the export development fund shall be prepared in such form and manner as may be prescribed. 2 the board shall cause the books and accounts of the export development fund to be closed and balanced as on the 31st day of december each year . 3 the export development fund shall be audited by one or more auditors appointed by the central government under section 24 who shall make a separate report thereon. 4 the provisions of subsections 2, 3, 4 and 6 of section 24 shall, so far as may be, apply in relation to the audit of the export development fund. 5 the exim bank shall furnish to the central government, within four months from the date on which the accounts of the export development fund are closed and balanced, a copy of the balancesheet and accounts together with a copy of the auditors report and a report on the operation of the fund during the relevant year and the central government shall, as soon as may be after they are received by it, cause the same to be laid before each house of parliament.

section 24. of the exportimport bank of india act : 1 the accounts of the exim bank shall be audited by auditors duly qualified to act as auditors under subsection 1 of section 266 of the companies act, 1 of , who shall be appointed by the central government for such term and on such remuneration as the central government may fix. 2 the auditors shall be supplied with a copy of the annual balancesheet of the exim bank and it shall be their duty to examine it together with the accounts and vouchers relating thereto and they shall have a list delivered to them of all books kept by the exim bank and shall at all reasonable times have access to the books accounts, vouchers and other documents of the exim bank. 3 the auditors may, in relation to such accounts, examine any director or any officer or other employee of the exim bank and shall be entitled to require from the board or officer or other employee of the exim bank such information and explanation as they may think necessary for the performance of their duties. 4 the auditors shall make a report to the exim bank upon the annual balancesheet and accounts examined by them and in every such report they shall state whether in their opinion the balancesheet is a full and fair balancesheet containing all necessary particulars and properly drawn up so as to exhibit a true and fair view of the state of affairs of the exim bank and in case they had called for any explanation or information from the board or any officer or other employee of the exim bank whether it has been given and whether it is satisfactory. 5 the exim bank shall furnish to the central government within four months from the date on which its accounts are closed and balanced, a copy of its balancesheet and accounts together with a copy of the auditors report and a report of the working of the exim bank during the relevant year, and the central government shall, as soon as may be, after they are received by it, cause the same to be laid before each house of parliament. 6 without prejudice to anything contained in the preceding subsections, the central government may, at any time, appoint the comptroller and auditorgeneral of india to examine and report upon the accounts of the exim bank and any expenditure incurred by him in connection with such examination and report shall be payable by the exim bank to the comptroller and auditorgeneral of india.

section 20. of the exportimport bank of india act : the export development fund shall not be closed or wound up save by order of the central government and in such manner as that government may direct.

section 25. of the exportimport bank of india act : save as otherwise provided in subsection 4 of section 19, nothing contained in this chapter shall apply to the export development fund.

section 21. of the exportimport bank of india act : all receipts of the exim bank other than those which are to be credited to the export development fund under this act shall be credited to a fund to be called the general fund and all payments by the exim bank, other than those which are to be debited to the export development fund, shall be made out of the general fund.

section 26. of the exportimport bank of india act : 1 on such date as that central government may, by notification, appoint, all business, property, assets and liabilities, rights, interests, privileges and obligations of whatever nature of the development bank in so far as they relate to the export financing functions of that bank shall stand transferred to, and vest in, the exim bank. 2 for the transfer to, and vesting in, the exim bank under subsection 1, the exim bank shall pay to the development bank such amount in such manner and in such number of instalments as may be determined by the central government. 3 all contracts, deeds, bonds, agreements, powersofattorney, grants of legal representation and other instruments of whatever nature of the development bank which relate to the export financing functions of that bank and which are subsisting or having effect immediately before the date referred to in subsection 1 and to which the said bank is a party or which are in favour of that bank shall, a if they relate exclusively to the export financing functions of that bank, be of full force and effect against or in favour of the exim bank, as the case may be, and may be enforced and acted upon as fully and effectively as if instead of the development bank the exim bank had been a party thereto or as if they had been issued in favour of the exim bank and b if they relate not only to the export financing function of the development bank but also to any of the other functions of that bank, be of full force and effect against or in favour of both the development bank and the exim bank and may be enforced or acted upon as fully and effectively as if in addition to the development bank the exim bank had also been a party thereto or as if they had been issued in favour of the development bank and also the exim bank. 4 if, on the date referred to in subsection 1, any suit, appeal or other legal proceeding of whatever nature relating to the export financing functions of the development bank is pending, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the exim bank of the business of the development bank or of anything contained in this act, but the suit, appeal or other proceeding may, a where it relates exclusively to the export financing functions of the development bank, be continued, prosecuted and enforced by or against the exim bank and b where it relates not only to the export financing functions of the development bank but also to any of the other functions of that bank, be continued, prosecuted and enforced by or against the development bank and the exim bank or, if the central government by special order in writing so directs, by or against such one of the said two banks, as may be specified in such order. 5 if any question arises as to whether any contract, deed, bond, agreement, powersofattorney, grant of legal representation or other instrument referred to in subsection 3 or any suit, appeal or other legal proceeding referred to in subsection 4 relates or relates exclusively to the export financing functions of the development bank, it shall be referred to the central government for decision and the decision of the central government thereon shall be final. 6 the provisions of this section shall have effect notwithstanding anything contained in the industrial development bank of india act, 18 of or any other law or any instrument having force by virtue of the said act or other law.

section 27. of the exportimport bank of india act : show related subordinates 1 the exim bank may appoint such number of officers and other employees as it considers necessary or desirable for the efficient performance of its functions and determine the terms and conditions of their appointment and service. 2 without prejudice to the provisions of subsection 1, it shall be lawful for the exim bank to utilise, and for the development bank to make available the services of, such staff of the development bank having experience relating to export financing functions on such terms and conditions as may be agreed upon between the exim bank and the development bank. 3 the duties and conduct, terms and conditions of service and the establishment and maintenance of a provident fund or any other fund for the benefit of the officers and other employees of the exim bank shall be such as may be prescribed.

section 33. indemnity of directors of the exportimport bank of india act : 1 every director shall be indemnified by the exim bank against all losses and expenses incurred by him, in, or in relation to, the discharge of his duties, except such as are caused by his own wilful act or default. 2 a director shall not be responsible for any other director or for any officer or other employees of the exim bank or for any loss or expenses resulting to the exim bank from the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of the exim bank or the insolvency or wrongful act of any debtor or any person under obligation to the exim bank or anything done in good faith in the execution of the duties of his office or in relation thereto.

section 28. of the exportimport bank of india act : the board may, be general or special order, delegate to any director or any officer or other employee of the exim bank, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act as it may deem necessary.

section 34. of the exportimport bank of india act : no suit or other legal proceeding shall lie against the exim bank or any director or any officer or other employee of the exim bank or any other person authorised by the exim bank to discharge any functions under this act for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any other law or provision having the force of law.

section 35. of the exportimport bank of india act : the bankers books evidence act, shall apply in relation to the exim bank as if it were a bank as defined in section 2 of that act.

section 29. of the exportimport bank of india act : the exim bank shall furnish, from time to time, to the central government such returns as the central government may require.

section 30. of the exportimport bank of india act : 1 the exim bank shall not, except as otherwise required by this act or any other law, divulge any information relating to, or to the affairs, of, its constituents except in circumstances in which it is, in accordance with the law or practice and usage customary among bankers, necessary or appropriate for the exim bank to divulge such information. 2 the exim bank may, for the purpose of efficient discharge of its functions under this act, collect from, or furnish to, the central government, the development bank or any scheduled bank or such other financial institution, as may be notified in the official gazette by the central government in this behalf, credit information or other information as it may consider useful for the purpose, in such manner and at such times, as it may think fit. explanation.for the purpose of this subsection, the expression credit information shall have the same meaning as in clause c of section 45a of the reserve bank of india act, 2 of , subject to the modification that banking company referred to therein shall mean the development bank, any scheduled bank or other financial institution as aforesaid. 3 every director, member of a committee, auditor or officer or other employee of the exim bank or of the development bank whose services are utilised by the exim bank under the provisions of this act, shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the first schedule. 1 4 nothing contained in this section shall apply to the credit information disclosed under the credit information companies regulation act, . 1. ins. by act 30 of , s. 34 and the schedule w.e.f. .

section 31. of the exportimport bank of india act : 1 no act or proceeding of the board or of any committee of the exim bank shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board or the committee, as the case may be. 2 no act done by any person acting in good faith as a director shall be deemed to be invalid merely on the ground that he was disqualified to be a director or that there was any other defect in his appointment.

section 32. of the exportimport bank of india act : 1 where any arrangement entered into by the exim bank with a company provides for the appointment by the exim bank of one or more directors of such company, such provisions and any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1 of , or in any other law for the time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, agelimit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the exim bank in pursuance of the arrangement as aforesaid. 2 any director appointed as aforesaid shall a hold office during the pleasure of the exim bank and may be removed or substituted by any person by order in writing of the exim bank b not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto c not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.

section 36. of the exportimport bank of india act : nothing contained in the banking regulation act, , except section 34a and section 36ad thereof, shall apply to the exim bank.

section 37. of the exportimport bank of india act : act 43 of and act 7 of not to apply to exim bank. omitted by finance act, 21 of s. 117 w.e.f. .

section 41. of the exportimport bank of india act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything, not inconsistent with such provisions, for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of three years from the date on which this act receives the assent of the president.

section 38. of the exportimport bank of india act : no provision of any law relating to the winding up of companies or corporations shall apply to the exim bank and the exim bank shall not be placed in liquidation save by an order of the central government and in such manner as it may direct.

section 39. of the exportimport bank of india act : show related subordinates 1 the board may, with the previous approval of the central government, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for a the times and places of the meetings of the board or of any committee constituted under this act and the procedure to be followed at such meetings including the quorum necessary for the transaction of business b the fees and allowances that may be paid to the directors and the members of a committee c the form and manner in which the balancesheets and the account of the export development fund and the exim bank shall be prepared d the duties and conduct, and the terms and conditions of service of the officers and other employees of the exim bank e the establishment and maintenance of provident fund or any other fund for the benefit of the officers and other employees of the exim bank and f any other matter which is to be, or may be, prescribed. 3 every regulation made by the board under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.

section 40. of the exportimport bank of india act : amendment of certain enactments.rep. by repealing and amending act, 19 of , s. 2, and the first schedule w.e.f. .

section 8. of the coast guard act : every member of the coast guard shall, as soon as may be, after appointment or enrolment to the coast guard, make and subscribe before his commanding officer or other prescribed officer, an oath or affirmation in the prescribed form.

section 1. of the coast guard act : 1 this act may be called the coast guard act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1 19th august, , vide notification no. s.r.o. 10e, dated 18th august, , see gazette of india, extraordinary, part ii, sec. 4.

section 7. of the coast guard act : every member of the coast guard shall be liable to serve in any part of india as well as outside india.

section 2. of the coast guard act : in this act, unless the context otherwise requires, a chief law officer and law officer mean, respectively, the chief law officer and a law officer of the coast guard appointed under section 115 b civil offence means an offence which is triable by a criminal court c civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force d coast guard means the coast guard constituted under this act e coast guard court means a court convened under section 64 f coast guard custody means the arrest or confinement of a member of the coast guard according to rules g commanding officer, when used in any provision of this act with reference to any unit or ship of the coast guard, means the officer whose duty it is under the rules to discharge with respect to that unit or ship, the functions of a commanding officer in regard to matters of the description referred to in that provision h criminal court means a court of ordinary criminal justice in any part of india i deputy inspectorgeneral means a deputy inspectorgeneral of the coast guard appointed under section 5 j directorgeneral means the directorgeneral of the coast guard appointed under section 5 k enrolled person means a subordinate officer, sailor or other person enrolled under this act l inspectorgeneral means an inspectorgeneral of the coast guard appointed under section 5 m maritime zones of india means the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of india n member of the coast guard means an officer, a subordinate officer, a sailor or other enrolled person o notification means a notification published in the official gazette p offence means any act or omission punishable under this act and includes a civil offence q officer means a person appointed or in pay as an officer of the coast guard, but does not include a subordinate officer, sailor or other enrolled person r prescribed means prescribed by rules made under this act s rule means a rule made under this act t sailor means a member of the coast guard other than an officer, a subordinate officer or other enrolled person u ship, except in the expression on board a ship, means a coast guard vessel, and includes any establishment or station belonging to, or under the control of, the coast guard whether within or without india v skipper means a subordinate officer in command of a ship w subordinate officer means a person appointed or in pay as a pradhan adhikari, a pradhan sahayak engineer, an uttam adhikari, an uttam sahayak engineer, an adhikari 1 , a sahayak engineer or a pradhan yantrik of the coast guard x superior officer, when used in relation to a person subject to this act, means any officer or subordinate officer i who is senior to that person under the rules or ii who is entitled under this act or the rules to give a command to that person y territorial waters, contiguous zone, continental shelf and exclusive economic zone, shall have the meanings respectively assigned to them in the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of z all words and expressions used and not defined in this act but defined in the indian penal code 45 of shall have the meanings assigned to them in that code. 1. subs. by act 44 of , s. 2, for or a sahayak engineer w.e.f. .

section 9. of the coast guard act : no member of the coast guard shall be at liberty a to resign his appointment during the term of his engagement or b to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority

section 3. of the coast guard act : 1 the following persons shall be subject to this act, wherever they may be, namely: a officers b subordinate officers and other persons enrolled under this act c persons who have, by a general or special order of the central government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed and d persons ordered to be received, or being passengers, on board any ship or aircraft of the coast guard, to such extent and subject to such conditions as may be prescribed. 2 every person referred to in clauses a and b of subsection 1 shall remain so subject until he retires, or he is discharged, released, removed or dismissed from the coast guard in accordance with the provisions of this act and the rules.

section 10. of the coast guard act : every member of the coast guard shall hold office during the pleasure of the president.

section 4. of the coast guard act : 1 there shall be an armed force of the union called the coast guard for ensuring the security of the maritime zones of india with a view to the protection of maritime and other national interests in such zones. 2 subject to the provisions of this act, the coast guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the coast guard shall be such as may be prescribed.

section 6. of the coast guard act : 1 the persons to be enrolled to the coast guard, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed. 2 notwithstanding anything contained in this act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this act and borne on the rolls of the coast guard shall be deemed to have been duly enrolled.

section 5. of the coast guard act : 1 the general superintendence, direction and control of the coast guard shall vest in, and be exercised by, the central government and subject thereto, and to the provisions of this act and the rules, the command and supervision of the coast guard shall vest in an officer to be appointed by the central government as the directorgeneral of the coast guard. 2 the directorgeneral shall, in the discharge of his duties under this act, be assisted by such number of inspectorsgeneral, deputy inspectorsgeneral, commandant and such other officers as may be appointed by the central government.

section 11. of the coast guard act : subject to the provisions of this act and the rules a the central government may dismiss or remove from service any member of the coast guard b the directorgeneral or any inspectorgeneral may dismiss or remove from the coast guard any person other than an officer c any prescribed officer not below the rank of a deputy inspectorgeneral may dismiss or remove from the coast guard any person under his command other than an officer or a subordinate officer.

section 12. of the coast guard act : an enrolled person who retires, or is discharged, released, removed or dismissed from the coast guard or permitted to resign therefrom, shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in hindi or english language setting forth a the authority terminating his service b the reasons for such termination and c the full period of his service in the coast guard.

section 13. of the coast guard act : 1 no member of the coast guard shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, or political association or b be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the coast guard or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no member of the coast guard shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the central government.

section 14. of the coast guard act : 1 it shall be the duty of the coast guard to protect by such measures, as it thinks fit, the maritime and other national interests of india in the maritime zones of india. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for a ensuring the safety and protection of artificial islands, offshore terminals, installations and other structures and devices in any maritime zone b providing protection to fishermen including assistance to them at sea while in distress c taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution d assisting the customs and other authorities in antismuggling operations e enforcing the provisions of such enactments as are for the time being in force in the maritime zones and f such other matters, including measures for the safety of life and property at sea and collection of scientific data, as may be prescribed. 3 the coast guard shall perform its functions under this section in accordance with, and subject to such rules as may be prescribed and such rules may, in particular, make provisions for ensuring that the coast guard functions in close liaison with union agencies, institutions and authorities so as to avoid duplication of effort.

section 15., with offenders. of the coast guard act : any person subject to this act, who, a treacherously holds correspondence with, or communicates intelligence to, an offender or b wilfully fails to make known to the proper authorities any information he may have received from an offender or c assists the offender in any manner or d having been captured by an offender, voluntarily serves with or aids him, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. explanation.for the purposes of this section, offender includes a all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this act to take action and b any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of india.

section 16. of the coast guard act : any person subject to this act, who, a deserts his post or b sleeps upon his watch or c fails to perform, or negligently performs, the duty imposed on him or d wilfully conceals any words, practice or design tending to the hindrance of the coast guard, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 17. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes or conspires with any other person to cause any mutiny in the coast guard or in the military, naval or air forces of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding officer or other superior officer or e endeavours to seduce any person in the coast guard or in the military, naval or air forces of india or any forces cooperating therewith from his duty or allegiance to the union, shall, on conviction by a coast guard court, be liable to suffer death or such less punishment as is in this act mentioned: provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the central government.

section 18. of the coast guard act : any person not otherwise subject to this act who, being on board any ship or aircraft belonging to or in the service of the coast guard endeavours to seduce any person subject to this act from his allegiance to the constitution or loyalty to the state or duty to his superior officers shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 19. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer or d behaves with contempt to such officer, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of offences specified in clauses c and d, the imprisonment shall not exceed five years.

section 20. of the coast guard act : 1 any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 21. of the coast guard act : any person subject to this act who uses criminal force to or otherwise illtreats any other person subject to this act, being his subordinate in rank or position, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 22. of the coast guard act : any person subject to this act, who, a quarrels, fights with or strikes any other person, whether such person is or is not subject to this act or b uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance or c behaves in a disorderly manner, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 23. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 24. of the coast guard act : 1 any person subject to this act, who is guilty of drunkenness shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned. 2 for the purposes of subsection 1, a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the coast guard.

section 25. of the coast guard act : 1 any person subject to this act, who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert. 1 2 every person who deserts or attempts to desert the coast guard shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned and in every such case he shall forfeit, a all pay, salvage, prize money and allowances that have been earned by him b pension and gratuity, medals and decorations that have been granted to him and c all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the tribunal by which he is tried or the central government or the directorgeneral otherwise directs. explanation.for the purposes of this subsection, all pay, salvage, prize money and allowances shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him. 3 any person subject to this act, who knowingly harbours any such deserter, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned. 1. subs. by act 44 of , s. 3, for subsection 2 w.e.f. .

section 30. of the coast guard act : any person subject to this act, being the pilot of an aircraft belonging to or in the service of the coast guard, who a flies it at a height lower than the minimum height authorised by his commanding officer except while taking off or landing or b flies it so as to cause or likely to cause unnecessary annoyance to any person, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 26. of the coast guard act : any person subject to this act, who without being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed.

section 32. of the coast guard act : any person subject to this act, who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint against any person subject to this act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 27. of the coast guard act : 1 any person subject to this act who wilfully loses, strands or hazards or suffers to be lost stranded or hazarded any ship belonging to or in the service of the coast guard, or loses or suffers to be lost any aircraft belonging to or in the service of the coast guard shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act, who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the coast guard, or loses or suffers to be lost any aircraft belonging to or in the service of the coast guard shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 28. of the coast guard act : any person subject to this act who is guilty of any act or neglect in flying or in the use of any aircraft belonging to or in the service of the coast guard, or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by a coast guard court, a if he acts wilfully or with wilful neglect, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned and b in any other case, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 29. of the coast guard act : any person subject to this act who signs any certificate in relation to an aircraft belonging to or in the service of the coast guard or to any material thereof without ensuring its accuracy shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 35. of the coast guard act : any person subject to this act, who commits any act which causes damage to, or destruction of, any property of the government shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 31. of the coast guard act : any person subject to this act, who while he is in an aircraft belonging to or in the service of the coast guard, disobeys any lawful command given by the captain of the aircraft whether such captain is subject to this act or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 33. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false, or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 39. of the coast guard act : every commanding officer or skipper of a ship who, a unlawfully agrees with any person for the ransoming of any vessel, craft, aircraft, goods or things taken into custody by the coast guard or b in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, craft, aircraft, goods or things taken into custody by the coast guard, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 34. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government or to any coast guard mess, or institution, or to any person subject to this act or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or damages any property of the government entrusted to him or f does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 41. of the coast guard act : any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 36. of the coast guard act : every officer or subordinate officer in command of any ship belonging to or in the service of the coast guard who receives on board or permits to be received on board such ship, any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be shipwrecked or in imminent danger either on the high seas or in some port, creek or harbour for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may, at any time be ordered to take or receive on board by order of the central government or his superior officer, shall, on conviction by a coast guard court, be liable to suffer dismissal from the coast guard or such less punishment as is in this act mentioned.

section 37. of the coast guard act : 1 all the papers, charter parties, bills of lading, passports and other documents that shall be taken, seized or found on board any vessel, craft or aircraft taken into custody by the coast guard shall be duly preserved and the commanding officer or skipper shall send the same to his immediate superior. 2 every commanding officer or skipper who fails to send the documents as required under subsection 1 shall, on conviction by a coast guard court, be liable to suffer dismissal from the coast guard or such less punishment as is in this act mentioned.

section 38. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a takes out without proper authority from any vessel, craft or aircraft taken into custody, any money or goods or b pillages, beats or illtreats persons on board the said vessel, craft or aircraft or c breaks bulk on board any such vessel, craft or aircraft with intent dishonestly to misappropriate anything therein or belonging thereto, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 40. of the coast guard act : any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a coast guard court, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a coast guard court to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a coast guard court to be produced or delivered by him or d refuses, when a witness, to answer any question which he is by law bound to answer or e is guilty of contempt of a coast guard court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a coast guard court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 8. of the spices board act : show related subordinates 1 every owner of land planted with cardamom plants, whether such land is comprised in one estate or more than one estate, shall, before the expiration of one month from the date on which he first became owner of such estate or estates, apply to the registering officer appointed in this behalf by the state government to be registered as an owner in respect of each estate owned by him: provided that the state government may, for sufficient reasons, extend the timelimit for registration by such period as it thinks fit. 2 registration once made shall continue to be in force until it is cancelled by the registering officer.

section 1. of the spices board act : 1 this act may be called the spices board act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint. 1 . 26th february, , vide notification no. s.o. 122e, dated 26th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the spices board act : show related subordinates in this act, unless the context otherwise requires, a board means the spices board constituted under subsection 1 of section 3 b cardamom means the fruit of cardamom plant and includes green cardamom, bleached cardamom, bleachable white cardamom, sundried cardamom, cardamom seeds, powdered cardamom and oil extracted from cardamom c cardamom plant means elettaria cardamomum maton, ammomum subulatum roxb and any other plant which the board may, by notification in the official gazette, declare to be a cardamom plant for the purposes of this act d certificate means a certificate granted under section 12 e dealer means a dealer in spices f estate means the area administered as one unit which contains land planted with cardamom plants g export and import mean, respectively, taking out of or bringing into india by land, sea and air h manufacturer means a manufacturer of spices i member means a member of the board appointed under subsection 3 of section 3 j owner, in relation to any land planted with cardamom plants, includes i any agent of the owner and ii a mortgagee, lessee or other person in actual possession of the land k prescribed means prescribed by rules made under this act l registered estate means an estate in respect of which an owner is registered under subsection 1 of section 8 and includes any estate in respect of which an owner is required to be registered under the provisions of that subsection m registered owner means an owner of a registered estate which has been or is registered or is required to be registered under subsection 1 of section 8 and n spices means the spices specified in the schedule: provided that the central government may, if satisfied that it is necessary or expedient in the public interest so to do, by notification in the official gazette, add any other spice to the schedule or omit any spice therefrom.

section 7. of the spices board act : show related subordinates 1 the board may i develop, promote and regulate export of spices ii grant certificate for export of spices and register brokers therefor iii undertake programmes and projects for promotion of export of spices iv assist and encourage studies and research for improvement of processing, quality, techniques of grading and packaging of spices v strive towards stabilisation of prices of spices for export vi evolve suitable quality standards and introduce certification of quality through quality marking for spaces for export vii control quality of spices for export viii give licences, subject to such terms and conditions as may be prescribed, to the manufacturers of spices for export ix market any spice, if it considers necessary, in the interest of promotion of export x provide warehousing facilities abroad for spices xi collect statistics with regard to spices for compilation and publication xii import, with the previous approval of the central government, any spice for sale and xiii advise the central government on matters relating to import and export of spices. 2 the board may also i promote cooperative efforts among growers of cardamom ii ensure remunerative returns to growers of cardamom iii provide financial or other assistance for improved methods of cultivation and processing of cardamom, for replanting cardamom and for extension of cardamom growing areas iv regulate the sale of cardamom and stabilisation of prices of cardamom v provide training in cardamom testing and fixing grade standards of cardamom vi increase the consumption of cardamom and carry on propaganda for that purpose vii register and licence brokers including auctioneers of cardamom and persons engaged in the business of cardamom viii improve the marketing of cardamom ix collect statistics from growers, dealers and such other persons as may be prescribed on any matter relating to the cardamom industry publish statistics so collected or portions thereof or extracts therefrom x secure better working conditions and the provision and improvement of amenities and incentives for workers and xi undertake, assist or encourage scientific, technological and economic research.

section 3. of the spices board act : show related subordinates 1 the central government shall, by notification in the official gazette, constitute, for the purposes of this act, a board, to be called the spices board. 2 the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this act, to contract and shall, by the said name, sue and be sued. 3 the board shall consist of such number of members, not exceeding thirtytwo, as may be prescribed, and unless the rules made in this behalf otherwise provide, the board shall consist of the following members, namely: a a chairman b three members of parliament, of whom two shall be elected by the house of the people and one by the council of states c three members to represent respectively the ministries of the central government dealing with i commerce ii agriculture and iii finance d six members to represent the growers of spices e eleven members to represent the exporters of spices f three members to represent major spice producing states g five members, one each to represent i the directorate of cocoa, arecanut and spices development, calicut ii the indian institute of packaging, bombay iii the central food technological and research institute, mysore iv the regional research laboratory, trivandrum and v the central plantation crops research institute, kasargode. 4 the office of member of the board shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament. 5 the term of office of the members and other conditions of service of the members shall be such as may be prescribed. 6 the chairman shall, in addition to presiding over the meetings of the board, exercise and discharge such powers and duties of the board as may be delegated to him by the board and such other powers and duties as may be prescribed. 7 the board shall elect from among its members a vicechairman who shall exercise such of the powers and perform such of the functions of the chairman as may be prescribed or as may be delegated to him by the chairman. 8 no act or proceeding of the board shall be invalidated merely by reason of a any vacancy in, or any defect in the constitution of, the board b any defect in the appointment of a person acting as a member of the board c any irregularity in the procedure of the board not affecting the merits of the case. rules regulations notifications yeardescriptionfiles the spice board rules, cardamom licensing and marketing amendment rules, yeardescriptionfiles the spices board registration of exporters regulations, the spice board quality marking regulations, the spices board service classification, control and appeal regulations, yeardescriptionfiles appointment of chairman, spices board

section 4. of the spices board act : show related subordinates 1 the board may appoint the secretary and such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the terms and conditions of service of the secretary and other officers and employees of the board shall be such as may be determined by regulations.

section 5. of the spices board act : show related subordinates 1 subject to any rules made in this behalf, the board may, from time to time, constitute such committees as may be necessary for the efficient discharge of its functions. 2 every committee constituted under subsection 1 shall consist of such number of persons as the board may deem fit.

section 6. of the spices board act : show related subordinates 1 on and from the commencement of this act, a all properties and other assets vested in the cardamom board and the spices export promotion council immediately before such commencement shall vest in the board b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with, or for the cardamom board or the spices export promotion council immediately before such commencement for or in connection with the purposes of the cardamom board or the spices export promotion council shall be deemed to have been incurred, entered into and engaged to be done by, with, or for the board c all sums of money due to the cardamom board or the spices export promotion council immediately before such commencement shall be deemed to be due to the board d all suits and other legal proceedings instituted or which could have been instituted by or against the cardamom board or the spices export promotion council immediately before such commencement may be continued or instituted by or against the board and e every employee holding any office under the cardamom board or the spices export promotion council immediately before such commencement shall on such commencement hold his office or service under the board with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the board is duly terminated or until his remuneration and other conditions of service are duly altered by the board. 2 notwithstanding anything contained in the industrial disputes act, 14 of or in any other law for the time being in force, the absorption of any employee by the board in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other authority.

section 9. of the spices board act : show related subordinates 1 the state government may, by notification in the official gazette, make rules to carry into effect the provisions of section 8. 2 without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such application, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of information to the board. rules yeardescriptionfiles the spice board rules,

section 10. of the spices board act : show related subordinates 1 a registered owner shall furnish returns to the board in such form, at such times and in such manner as may be prescribed. 2 the board may authorise an officer to visit any estate at any time to verify the accuracy of any return made under this section or to ascertain the productive capacity of the estate.

section 17. of the spices board act : show related subordinates the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import of cardamom, either generally or in specified classes of cases.

section 11. of the spices board act : show related subordinates save as otherwise provided in this act, no person shall, after the commencement of this act, commence or carry on the business of export of any spice except under and in accordance with a certificate: provided that a person carrying on the business of export of spices immediately before the commencement of this act, may continue to do so for a period of three months from such commencement and if he has made an application for such certificate within the said period of three months till the disposal of such application. explanation.the reference in this section to the commencement of this act shall be construed in relation to any spice added to the schedule by notification under the proviso to clause n of section 2 as reference to the date with effect from which such spice is added to the schedule.

section 12. of the spices board act : show related subordinates 1 an application for grant of certificate shall be made to the board in such form and shall contain such particulars as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee. 2 on receipt of such application, the board shall a if the application is not in the prescribed form or does not contain any of the prescribed particulars, return the application to the applicant or b if the application is in the prescribed form and contains the prescribed particulars, grant the certificate subject to such terms and conditions as may be determined by regulations.

section 13., of certificate. of the spices board act : show related subordinates 1 the board may cancel any certificate on any one or more of the following grounds, namely: a that the holder of the certificate has violated any of the terms and conditions of the certificate and b that in the opinion of the central government it is necessary in the interests of general public to cancel the certificate. 2 where the board, for reasons to be recorded in writing, is satisfied that pending consideration of the question of cancelling the certificate on any grounds mentioned in subsection 1, it is necessary so to do, the board may, by order in writing, suspend the operation of the certificate for such period not exceeding fortyfive days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled. 3 no order of cancellation of registration under this section shall be made unless the person concerned has been given a reasonable opportunity of being heard in respect of the grounds for such cancellation.

section 15. of the spices board act : show related subordinates the central government may, if satisfied that it is necessary or expedient, so to do, in public interest, by notification in the official gazette and subject to such conditions, if any, as may be specified therein, permit any body or other agency to commence or carry on the business of export of spices without a certificate.

section 14. of the spices board act : show related subordinates 1 any person aggrieved by an order made under section 13 may prefer an appeal to the central government within such period as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and shall be accompanied by a copy of order appealed against and by such fees as may be prescribed. 4 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. 5 the central government may confirm, modify or reverse the order appealed against.

section 18. of the spices board act : show related subordinates 1 without prejudice to the foregoing provisions of this act, the board shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final. rules yeardescriptionfiles the spice board rules,

section 16. of the spices board act : show related subordinates 1 the central government may, by order notified in the official gazette, fix in respect of cardamom of any description specified therein a the maximum price or the minimum price, or the maximum and minimum prices, which may be charged by a grower of cardamom or cardamom dealer, wholesale or retail, whether for the indian market or for export and b the maximum quantity which may in one transaction be sold to any person. 2 without prejudice to the generality of the powers conferred by subsection 1, any order made thereunder may provide a for requiring persons engaged in the production, supply or distribution of, or trade and commerce in, cardamom to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order and b for such other matters, including in particular the entering and search of premises, vehicles, vessels and aircraft, and the seizure by a person authorised to make such search, of cardamom in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be, committed.

section 21. of the spices board act : show related subordinates 1 there shall be constituted a fund to be called the spices board fund and there shall be credited thereto a any grants and loans made to the board by the central government under section 20 b all fees levied and collected in respect of certificates granted under this act and c all sums received by the board from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a salary, allowances and other remuneration of the members, officers and other employees of the board b expenses of the board in the discharge of its functions under section 7 and c expenses on objects and for purposes authorised by this act.

section 19. of the spices board act : show related subordinates 1 if at any time the central government is of opinion a that on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the board has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the board for such period, not exceeding six months, as may be specified in the notification. 2 upon the publication of a notification under subsection 1 superseding the board, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the board, shall until the board is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct and c all property owned or controlled by the board shall, until the board is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may reconstitute the board by a fresh appointment and in such case any person or persons who vacated their offices under clause a of subsection 2, shall not be deemed disqualified for appointment: provided that the central government may, at any time, before the expiration of the period of supersession, take action under this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 20. of the spices board act : show related subordinates the central government may, after due appropriation made by parliament by law, in this behalf, make to the board grants and loans of such sums of money as that government may consider necessary.

section 22. of the spices board act : show related subordinates the board shall prepare in such form and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the central government.

section 23. of the spices board act : show related subordinates the board shall prepare, in such form and at such time each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government.

section 24. of the spices board act : show related subordinates the accounts of the board shall be maintained and audited in such manner as may, in consultation with the comptroller and auditorgeneral of india, be prescribed and the board shall furnish to the central government before such date, as may be prescribed, its audited copy of accounts together with the auditors report thereon. rules yeardescriptionfiles the spice board rules,

section 29. of the spices board act : show related subordinates if any person contravenes the provisions of section 11 or any order made under section 17 he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 52 of , be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

section 25. of the spices board act : show related subordinates the central government shall cause the annual report and auditors report to be laid, as soon as may be after they are received, before each house of parliament.

section 30. of the spices board act : show related subordinates whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations made thereunder other than the provisions, punishment for the contravention whereof has been provided for in sections 26, 27, 28 and 29, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.

section 26. of the spices board act : show related subordinates any person who being required by or under this act to furnish any return fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.

section 27. of the spices board act : show related subordinates any person who a obstructs any member authorised by the chairman in writing or any officer or other employee of the board authorised by it in this behalf or any person authorised in this behalf by the central government or by the board, in the exercise of any power conferred, or in the discharge of any duty imposed, on him by or under this act or b having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. rules yeardescriptionfiles the spice board rules,

section 28. of the spices board act : show related subordinates 1 if any person contravenes any order made under section 16, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and the property in respect of which the order has been contravened or such part thereof as the court may deem fit, shall be forfeited to the central government. 2 any person who attempts to contravene, or abets the contravention of, any order under section 16 shall be deemed to have contravened that order. rules yeardescriptionfiles the spice board rules,

section 31. of the spices board act : show related subordinates 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 32. of the spices board act : show related subordinates a all spices to which section 11 of this act applies, and b the cardamom to which any order under section 17 of this act applies, shall be deemed to be goods of which the import or export has been prohibited or restricted under section 11 of the customs act, 52 of , and all the provisions of that act shall have effect accordingly.

section 33. of the spices board act : show related subordinates no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central government.

section 34. of the spices board act : show related subordinates the board may, by general or special order in writing, delegate to the chairman or any other member or to any officer of the board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act except the power under section 39 as it may deem necessary.

section 35. of the spices board act : all members, officers and other employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 39. of the spices board act : show related subordinates 1 the board may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the terms and conditions of service of the secretary and other officers and employees of the board under subsection 2 of section 4 and b the terms and conditions under which the certificate may be granted under subsection 2 of section 12.

section 36. of the spices board act : no prosecution or other legal proceeding shall lie against the government, or the board or any committee appointed by it, or any member of the board or such committee, or any officer or employee of the government or the board or any other person authorised by the government or the board, for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder.

section 37. of the spices board act : show related subordinates subject to any rule made in this behalf, any person, generally or specially authorised by the board in this behalf, may, whenever it is necessary so to do, for any of the purposes of this act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may be prescribed: provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwellinghouse unless with the consent of the occupier thereof without previously giving such occupier at least twentyfour hours notice in writing of his intention to do so.

section 38. of the spices board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely: a the number of members of the board under subsection 3 of section 3 b the term of office and other conditions of service of the members of the board under subsection 5 of section 3 c the powers and duties of the chairman under subsection 6 of section 3 d the powers and functions of the vicechairman under subsection 7 of section 3 e the constitution of committees under section 5 f the terms and conditions for giving licences to manufacturers of spices for export under clause viii of subsection 1 of section 7 g the form and manner in which and the time at which the registered owner may furnish returns to the board under section 10 h the form of the application and the fees under subsection 1 of section 12 i the period of limitation for appeal under subsection 1 of section 14 j the form of appeal and the fees payable under subsection 3 of section 14 k the procedure for disposal of appeal under subsection 4 of section 14 l the form in which, and the time at which, the board shall prepare its budget under section 22 and its annual report under section 23 m the manner in which the accounts of the board shall be maintained and audited and the date before which the audited copy of the accounts may be furnished to the central government under section 24 n the conditions and the restrictions with respect to the exercise of the power to enter under section 37 o any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules.

section 42. of the spices board act : 1 sections 3 to 33 of the cardamom act, 42 of are hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the provisions of the said act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this act.

section 41. of the spices board act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of two years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 40. of the spices board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the delhi police act : 1 the administrator may appoint one or more deputy commissioners of police or additional deputy commissioners of police or assistant commissioners of police for the purposes of this act. 2 without prejudice to the other provisions of this act and subject to any general or special orders made by the administrator in this behalf, every deputy commissioner of police or additional deputy commissioner of police or assistant commissioner of police shall, under the orders of the commissioner of police, exercise such of the powers except the power to make regulations and perform such of the duties of the commissioner of police and within such local limits as may be specified in such orders.

section 1. of the delhi police act : 1 this act may be called the delhi police act, . 2 it extends to the whole of the union territory of delhi. 3 it shall be deemed to have come into force on the 1st day of july, .

section 7. of the delhi police act : 1 the administrator may appoint one or more additional commissioners of police for the purposes of this act. 2 the additional commissioner of police shall a assist the commissioner of police in the exercise of his powers and the performance of his duties in such manner and to such extent, and b exercise such powers and perform such duties of the commissioner of police and within such local limits, as the administrator may, by general or special order, specify.

section 3. of the delhi police act : there shall be one police force for the whole of delhi and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the force including the delhi armed police.

section 2. of the delhi police act : in this act, unless the context otherwise requires, a administrator means the administrator of delhi appointed under article 239 of the constitution b cattle includes elephants, camels, horses, asses, mules, sheep, goats and swine c competent authority, when used with reference to the exercise of any power or discharge of any duty under the provisions of this act, means the commissioner of police appointed under section 6 or any other police officer specially empowered in that behalf by the central government d constable means a police officer of the lowest grade e corporation means the municipal corporation of delhi constituted under the delhi municipal corporation act, 66 of f delhi means the union territory of delhi g delhi police or police force means the police force referred to in section 3 and includes i all persons appointed as special police officers under subsection 1 of section 17 and additional police officers appointed under section 18 and ii all other persons, by whatever name known, who exercise any police function in any part of delhi h eating house means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning, or having any interest in, or managing, such place and includes i a refreshment room, boarding house or coffee house, or ii a shop where any kind of food or drink is supplied to the public for consumption in or near such shop, but does not include a place of public entertainment i municipality means the new delhi municipal committee, the cantonment board or any other municipal body, other than the corporation, established by or under any law for the time being in force in or in any part of delhi j place includes i any building, tent, booth or other erection, whether permanent or temporary and ii any area, whether enclosed or open k place of public amusement means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall l place of public entertainment means a lodging house, boarding and lodging house or residential hostel and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied to the public for consumption in or near such place m police officer means any member of the delhi police n prescribed means prescribed by rules o public place means any place to which the public have access, whether as of right or not, and includes i a public building and monument and precincts thereof and ii any place accessible to the public for drawing water, washing or bathing or for purposes of recreation p regulations means regulations made under this act q rules means rules made under this act r street includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare s subordinate ranks means members of the police force of and below the rank of the inspector t vehicle means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane.

section 4. of the delhi police act : the superintendence of the delhi police throughout delhi shall vest in, and be exercisable by the administrator and any control, direction or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence.

section 9. of the delhi police act : 1 a the administrator shall appoint a police officer not below the rank of a deputy commissioner of police to be the principal of the police training school for delhi. b the commissioner of police may by general or special order assign to the principal of the police training school such powers and duties as he may deem fit for the proper functioning of that school. 2 a the administrator may establish a police training college for delhi and appoint a police officer of appropriate rank to be the principal of such college. b the commissioner of police may by general or special order assign to the principal of the police training college such powers and duties as he may deem fit for the proper administration of that college.

section 6. of the delhi police act : for the direction and supervision of the police force in delhi, the administrator shall appoint a commissioner of police who shall exercise and perform such powers and duties and perform such functions as are specified by or under this act.

section 5. of the delhi police act : subject to the provisions of this act, a the delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the administrator may, by general or special order, determine and b the recruitment to, and the pay, allowances and all other conditions of service of the members of, the delhi police shall be such as may be prescribed: provided that nothing in clause b shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the indian police service or the delhi, andaman and nicobar islands police service.

section 12. of the delhi police act : subject to such general or special orders in writing as the administrator may make in this behalf, a inspectors of police may be appointed by the additional commissioner of police and b subinspectors of police and other officers of subordinate rank may be appointed by the deputy commissioners of police, additional deputy commissioners of police, principal of the police training college or of the police training school, or any other police officer of equivalent rank.

section 10. of the delhi police act : subject to the control of the administrator, the commissioner of police shall a constitute police districts within delhi b divide such police districts into police subdivisions and specify the police stations comprised in each such subdivision and c define the limits and extent of such police districts, police subdivisions and police stations.

section 11. of the delhi police act : 1 each police district shall be under the charge of a deputy commissioner of police who may be assisted in the discharge of his duties by one or more additional deputy commissioners of police. 2 each police subdivision shall be under the charge of an assistant commissioner of police and each police station shall be under the charge of an inspector of police.

section 13. of the delhi police act : 1 every police officer of the rank of inspector and below shall on enrolment receive a certificate of appointment. 2 the certificate shall be issued under the seal of such officer, and shall be in such form, as the administrator may, by general or special order, specify. 3 a certificate of appointment shall become null and void when the person named therein ceases to belong to the delhi police or shall remain inoperative during the period such person is suspended from the delhi police.

section 17. of the delhi police act : 1 the commissioner of police may, at any time, by a written order, signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers fit, to be a special police officer to assist the delhi police on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area. 2 the commissioner of police shall publish the names of special police officers appointed under this section in such manner as may be prescribed. 3 any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the commissioner of police within fifteen days of such appointment and the commissioner may accept such objection and cancel the appointment of such officer or, after giving to the objector an opportunity to be heard, reject the objection. 4 every special police officer appointed under this section shall, on appointment, a receive a certificate of appointment in such form as may be specified by the administrator in this behalf b have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer.

section 15. of the delhi police act : the commissioner of police shall direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the police force under him.

section 19. of the delhi police act : subject to the orders of the administrator, the commissioner of police may make regulations not inconsistent with this act or any other law for the time being in force a regulating the inspection of the police force by his subordinates b determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police c prescribing the places of residence of members of the police force d for institution, management and regulation of any police fund for any purpose connected with police administration e regulating the distribution, movements and location of the police f assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to which they shall exercise and perform their respective powers and duties g regulating the collection and communication by the police of intelligence and information h generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties.

section 14. of the delhi police act : the powers, functions and privileges vested in a police officer shall remain suspended while such police officer is under suspension from office: provided that notwithstanding such suspension such person shall not cease to be a police officer and shall continue to be subject to the control of the same authorities to which he would have been subject if he had not been under suspension.

section 16. of the delhi police act : the commissioner of police shall have the authority to investigate and regulate all matters of account connected with the delhi police and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.

section 18. of the delhi police act : where additional police officers are required to be deputed under section 38, section 39 or section 40 the commissioner of police may appoint such number of additional police officers as he considers necessary and every such additional police officer shall, on appointment, a receive a certificate of appointment in such form as may be specified by the administrator in this behalf b have such of the powers, privileges and immunities and perform such of the duties of a police officer as are specifically mentioned in the certificate and c be subject to the same authorities as an ordinary police officer of the same or similar rank or grade.

section 23. of the delhi police act : an appeal against any order of punishment passed against a police officer under section 21 or the rules thereunder not being an order of punishment under clausec of subsection 2 of that section shall lie a where the order is passed by the commissioner of police, to the administrator b where the order is passed by an additional commissioner of police, to the commissioner of police c where the order is passed by a deputy commissioner of police, additional deputy commissioner of police, principal of the police training college or school, assistant commissioner of police or any other officer of equivalent rank, to the additional commissioner of police.

section 20. of the delhi police act : the commissioner of police may call for such returns, reports and statements on any subject connected with the prevention and detection of crime, the maintenance of order and the performance of the duties of his subordinates as such subordinates may be able to furnish to him.

section 21. of the delhi police act : 1 subject to the provisions of article 311 of the constitution and the rules, the commissioner of police, additional commissioner of police, deputy commissioner of police, additional deputy commissioner of police, principal of the police training college or of the police training school or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely: a dismissal b removal from service c reduction in rank d forfeiture of approved service e reduction in pay f withholding of increment and g fine not exceeding one months pay. 2 subject to the rules a any police officer specified in subsection 1 may award the punishment of censure to any police officer of subordinate rank b the assistant commissioner of police may award the punishment of censure to police officers of, or below, the rank of subinspectors of police c any police officer of, and above, the rank of inspector may award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables. 3 nothing in subsection 1 or subsection 2 shall affect any police officers liability for prosecution and punishment for any offence committed by him. 4 the commissioner of police, additional commissioner of police, deputy commissioner of police, additional deputy commissioner of police, principal of the police training college or of the police training school, assistant commissioner of police, or any other police officer of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. 5 an inspector of police may suspend any police officer below the rank of subinspector of police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct.

section 22. of the delhi police act : when any officer passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, withholding of increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules.

section 24. of the delhi police act : every police officer not on leave or under suspension shall for all purposes of this act be deemed to be always on duty and any police officer or any number or body of police officers allocated for duty in any part of delhi may, if the commissioner of police so directs, at any time, be employed on police duty in any other part of delhi for so long as the services of the police officer or number or body of police officers may be required in such other part of delhi.

section 25. of the delhi police act : 1 resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint the officer so empowered to appoint being hereafter in this section referred to as the appointing authority officers of such subordinate rank. 2 a police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation: provided that the appointing authority may at his discretion, permit a head constable or a constable to withdraw himself from duty on his crediting to the government two months pay in lieu of notice. 3 a head constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period. 4 inspectors, subinspectors or assistant subinspectors of police, whose appointments involve training at any police training college or police training school may not be permitted to resign within three years from the date of their successfully completing the training. 5 no police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as such police officer to government or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other government property in his possession and has also rendered a complete account of all government money and property for which he is responsible. 6 notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to government or to any police fund: provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other government property in his possession before he is permitted to withdraw from duty. 7 if any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force. 8 every such police officer on leaving the service in the delhi police as aforesaid shall be given by the appointing authority a discharge certificate in such form as may be prescribed.

section 26., to be delivered by person ceasing to be a police officer. of the delhi police act : 1 every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the commissioner of police, the additional commissioner of police, deputy commissioner of police, principal of the police training college or of the police training school, additional deputy commissioner of police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office. 2 a any metropolitan magistrate and, for special reasons which shall be recorded in writing at the time, the commissioner of police, additional commissioner of police, principal of the police training college or of the police training school or a deputy commissioner, additional deputy commissioner or an assistant commissioner of police may issue a warrant to search for and seize wherever they be found, any certificate, arms, accoutrements, clothing or other accessories not delivered under subsection 1. b every warrant so issued shall be executed by a police officer or, if the metropolitan magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued under the code of criminal procedure, 2 of . 3 nothing in this section shall apply in relation to any article which under the orders of the commissioner of police has become the property of the person to whom the same was provided.

section 31., at places of public amusement or public assembly or meeting. of the delhi police act : 1 for the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, any police officer of the rank of assistant subinspector and above, present at such place of public amusement, or such assembly or meeting, may subject to such rules, regulations and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at, such place of amusement or such assembly or meeting as he thinks necessary and all persons shall be bound to conform to every such reasonable direction. 2 every police officer shall have free access to every place of public amusement, assembly or meeting for the purpose of giving effect to the provisions of subsection 1 and to any direction made thereunder.

section 27. of the delhi police act : 1 a police officer occupying any premises provided by the commissioner of police for his residence shall a occupy the same subject to such terms and conditions as may, by general or special order, be specified by the commissioner of police and b notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the commissioner of police or any officer authorised by the administrator in this behalf considers it, for reasons to be recorded in writing, necessary and expedient to require him to do so. 2 if any person who is bound or required under subsection 1 to vacate any premises fails to do so, the administrator or the officer authorised in this behalf by the administrator may order such person to vacate the premises and may direct any police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction.

section 28. of the delhi police act : 1 the commissioner of police may, by notification in the official gazette, make regulations to provide for all or any of the following matters, namely: a licensing and controlling persons offering themselves for employment, outside railway stations and other places where passengers arrive, for the carriage of passengers baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed b regulating traffic of all kinds in streets and other public places, and the use of streets and other public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public c regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle d specifying the number and position of lights to be used on vehicles in streets and the hours between which such lights should be used e licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic f specifying certain hours of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations, along the streets, or along certain specified streets g regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street h regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance i licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance j prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be specified in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such carcasses or corpses of persons deceased k specifying certain hours of the day during which ordure or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except in accordance with such regulations l setting apart places for slaughtering animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature m in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approved by the administrator, with a view to prevent the disease or check the spread thereof n directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only, the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein o licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tomtoms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places p regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which, the order in which, and the times at which, the same may pass q prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air r prohibiting, except in accordance with such regulations, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place s licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting i the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of government or corporation or other municipal officers duly authorised in that behalf, ii the blasting of rock or making excavations in or near streets or public places, iii the using of loudspeaker in or near any public place or in any place of public entertainment t closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable u guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public v prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfire or wantonly discharging a firearm or airgun, or letting off or throwing a fire work or, sending up a fire balloon or rocket in or upon a street or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination except in accordance with regulations in this behalf w regulating the hours during which and the manner in which any place for the disposal of the dead, any dharmashala, villagegate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto x i licensing or controlling places of public amusement or public entertainment ii prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity and iii regulating the means of entrance and exit at places of public amusement or public entertainment or assembly and providing for the maintenance of public order and the prevention of disturbance thereat y i licensing or controlling in the interest of public order, decency or morality or in the interest of the general public with such exceptions as may be specified in such regulations, musical, dancing, mimetic or theatrical or other performances for public amusement, including melas ii regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances iii prior scrutiny of such performance and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, by a board appointed by the administrator for the purpose, either for the whole of delhi or for the area concerned or by an advisory committee constituted by the commissioner of police the members of the board or the advisory committee being persons who in the opinion of the administrator or, as the case may be, the commissioner, possess knowledge of, or experience in, literature, the theatre and other matters relevant to such scrutiny, provision for appeal against the order or decision of the board or the advisory committee to an appellate authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees whether in the form of courtfee stamps or otherwise to be charged for the scrutiny of such performances or scripts, for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals and any such performances and of the scripts in respect thereof granted suitability certificate by any state shall be exempted from this section iv regulating the hours during which and the places at which such performances may be given z regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement za registration of eating houses, including granting a certificate of registration in each case, which shall be deemed to be a written permission required and obtained under this act for keeping the eating house, and annual renewal of such registration within a specified period zb prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this act should be applied for and fixing the fees to be charged for any such licence or permission: provided that nothing in this section and no licence or certificate of registration granted under any regulation made thereunder shall authorise any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation is required under any law relating to prohibition which is for the time being in force. 2 the power to make regulations under clause b of subsection 1 shall be subject to the control of the administrator and the power to make regulations under the other clauses of that subsection shall be subject to the previous sanction of the administrator. 3 the power of making regulations under this section shall be subject to the condition of the regulations being made, after previous publication and for the purposes of section 23 of the general clauses act, 10 of such regulations shall be deemed to be rules and every regulation made, under this section, shall also be published in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in hindi, urdu and english, or in two or more of these languages, as the commissioner of police may deem fit, or by any two or more of these means, or by any other means he may think suitable: provided that any such regulation may be made without previous publication if the commissioner of police is satisfied that circumstances exist which render it necessary that such regulation should be brought into force at once. 4 if any regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or byelaw of the corporation or of any other municipal or local authority in relation to public health, convenience or safety of the locality such regulation shall be subject to such law, rule or byelaw.

section 33. of the delhi police act : 1 in order to prevent or suppress any riot or grave disturbance of peace, the commissioner of police may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the commissioner of police may make and notify in exercise of his powers under this section. 2 if the lawful occupant of such building or place suffers any loss or injury by reason of the action taken under subsection 1, he shall be entitled, on an application made therefor to the competent authority within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such competent authority rendered necessary either by the use to which such building or place was put, or intended to be put, or by the misconduct of persons having access thereto. 3 in the event of any dispute in relation to the amount of compensation payable under subsection 2 or the person to whom such amount shall be payable, the matter shall be referred by the competent authority to the district collector whose decision thereon shall be final.

section 29. of the delhi police act : the commissioner of police and, subject to the orders, if any, made by the commissioner of police, every police officer not inferior in rank to an inspector, may from time to time as occasion may arise, but not so as to contravene any regulation made under section 28 or any law, rule, or byelaw referred to in subsection 4 of that section, give all such orders either orally or in writing as may be necessary to a direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along streets b specify the routes by which and the times at which any such processions may pass or shall not pass c prevent obstructions i on the occasion of all processions and assemblies and ii in the neighbourhood of all places of worship during the time of worship and iii in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed d keep order on, and in, all streets, and at, and within, public bathing and washing places, fairs, temples, mosques, gurdwaras, churches and all other places of public resort or public worship e regulate and control the playing of music, singing or the beating of drums, tomtoms and other instruments and the blowing or sounding of horns or other noisy instruments in, and near, any street or public place f regulate and control the use of loudspeakers in residential areas, streets, near any public places and places of public amusement or public entertainment or g make reasonable orders consequential to, and in furtherance of, any order made under this section.

section 30. of the delhi police act : 1 the commissioner of police may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by notification publicly promulgated or addressed to individuals, prohibit, in relation to the whole of delhi or any part thereof, a the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence b the carrying of any corrosive substance or explosives c the carrying, collection or preparation of stones or other missiles or instruments or means of casting or impelling missiles d the exhibition of persons or corpses e the public utterance of cries, singing of songs or playing of music or f the delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other subject or thing which may, in the opinion of the commissioner of police, offend against decency or morality or undermine the security of the state. 2 if any person goes armed with any such article as is referred to in clause a of subsection 1 or carries any corrosive substance or explosive or missile or instrument in contravention of any prohibition under that subsection, the article, corrosive substance or explosive or missile shall be liable to be seized from him by any police officer. 3 the commissioner of police may, by notification publicly promulgated, prohibit any assembly or procession whenever and for such time as he considers such prohibition to be necessary for the preservation of the public order. 4 no notification promulgated under subsection 3 shall remain in force for more than fifteen days from the promulgation thereof: provided that if the administrator considers it necessary so to do for the preservation of the public order, he may, by order published in the official gazette, direct that such notification shall remain in force for such further period not exceeding six months from the date on which it would have, but for such order, expired as he may specify in the said order.

section 32., continuance of music, sound or noise. of the delhi police act : 1 if the commissioner of police is satisfied from the report of an officer in charge of a police station, or other information received by him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, or risk of annoyance, disturbance, discomfort or injury, to the public or to any person who dwells, or occupies property, in the vicinity, he may, by written order, issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating a the incidence or continuance in any street, open space or any other premises of i any vocal or instrumental music ii sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound or iii use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volume as may cause disturbance to others, or b the carrying on, in any premises, of any trade, avocation or operation resulting in or attended with noise: provided that no directions shall be issued to any person under clause b without giving to such person an opportunity of being heard in the matter. 2 the commissioner of police may, either on his own motion or on the application of any person aggrieved by an order made under subsection 1, either rescind, modify or alter any such order: provided that before any such application is disposed of, the commissioner of police shall afford to the applicant an opportunity of appearing, before him either in person or by counsel and showing cause against the order and shall, if he rejects any such application either wholly or in part, record the reasons for such rejection.

section 34. of the delhi police act : 1 in any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested and all persons concerned shall obey such orders. 2 every such order shall be published in the locality or place wherein it is to operate. 3 every order under subsection 1 shall be subject to any judgment, decree, injunction or order made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the competent authority that such order is inconsistent with a judgment, decree, injunction or order of such court.

section 35. of the delhi police act : 1 whenever it shall appear to the commissioner of police that any place in delhi being a place where on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or likely to be visited with an outbreak of any epidemic disease, he may in consultation with the corporation or municipality within the local limits of the jurisdiction whereof such place is situated take such special measures and may by a public notice prescribe such regulations to be observed by residents of the said place and persons present thereat or repairing thereto or returning therefrom as he deems necessary to prevent the outbreak of such disease or the spread thereof. 2 the expenses incurred by the commissioner of police in respect of the arrangements for sanitation and the preservation of order at or about the place of assembly referred to in subsection 1 may be recovered from the corporation or the municipality concerned.

section 41. of the delhi police act : 1 when any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the administrator may, by notification in the official gazette, specify the area hereafter in this section called the disturbed area in which, and the date on which or the period during which, such unlawful assembly was, in his opinion, held. 2 on the issue of a notification under subsection 1, the district collector may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. 3 the amount of the compensation shall be deemed to be a fine imposed under this section, and shall be payable by the inhabitants of the disturbed area. 4 it shall be lawful for the district collector to exempt, by order in writing and for sufficient reasons, any person from liability to pay any portion of the compensation amount.

section 36. of the delhi police act : 1 the commissioner of police may, by public notice, temporarily reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified by him. 2 the commissioner of police may, whenever in his opinion such action is necessary, a authorise such police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or the person in charge of such vehicle and b make such orders as he deems fit for regulating the use of such barriers.

section 37. of the delhi police act : 1 the commissioner of police may, from time to time, make regulations prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose: provided that no such regulations shall be made in respect of any area for which places have not been so set apart: provided further that the commissioner of police or any officer authorised by him in this behalf may, in his discretion, on an application made to him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason. 2 any regulations made under subsection 1 shall specify the places set apart for the disposal of the dead of different communities or sections of communities. 3 all such regulations shall be deemed to be rules for the purposes of section 23 of the general clauses act, 10 of and shall be subject to the conditions of previous publication and the date to be specified under clause 3 of that section shall not be earlier than two months from the date on which the draft of the proposed regulations is published.

section 39. of the delhi police act : 1 if in the opinion of the administrator any area in delhi is in a disturbed or dangerous condition or the conduct of the inhabitants or of any particular section or the class of the inhabitants of such area renders it expedient to employ temporarily additional police in the area, he may, by notification in the official gazette, specify the area hereafter in this section referred to as the disturbed area in which, and the period for which, the additional police shall be employed and thereupon the commissioner of police shall depute such number of additional police officers as he considers necessary, in the disturbed area: provided that the period so specified may be extended by the administrator from time to time, if in his opinion it is necessary so to do in the interests of the public. 2 on the issue of a notification under subsection 1, the administrator may require the district collector, or any other authority specified by the administrator, to recover, whether in whole or in part, the cost of such additional police generally from all persons who are inhabitants of the disturbed area or specially from any particular section or class of such persons, and in such proportion as the administrator may direct. 3 it shall be lawful for the administrator to exempt, by order in writing, and for sufficient reasons, any person from liability to bear any portion of the cost of such additional police. explanation.in this section and in section 41, the expression inhabitants, when used in relation to any disturbed area, includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupants of land in such area notwithstanding that they do not actually reside therein.

section 38. of the delhi police act : 1 the commissioner of police may, on the application of any person, depute any additional number of police to keep the peace, to preserve order, to enforce any of the provisions of this act or of any other law in respect of any particular class or classes of offences or to perform any other duties imposed on the police at any place in delhi. 2 such additional police shall be employed at the cost which shall be determined by the commissioner of police in accordance with the rules made in this behalf of the person making the application, but shall be subject to the orders of the police authorities and shall be employed for such period as the commissioner of police considers necessary. 3 if the person upon whose application such additional police are employed shall at any time make a written requisition to the commissioner of police for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of the delivery of such requisition as the commissioner of police shall determine. 4 where there is any dispute as to the amount to be paid by way of cost, the commissioner of police shall, on an application made in that behalf by the aggrieved party, refer the matter to the district collector, whose decision thereon shall be final.

section 40. of the delhi police act : 1 whenever it appears to the administrator or to the competent authority that a any large work which is being carried on or any public amusement which is being conducted in any place is likely to impede the traffic or to attract a large number of people or b the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern, under construction or in operation at any place necessitates the employment of additional police at such place, the administrator, or the competent authority, as the case may be, may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to the administrator or the competent authority to continue. 2 such additional police shall be employed at the cost of the person by whom the work, public amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates as the administrator or the competent authority, as the case may be, shall from time to time require.

section 42. of the delhi police act : in the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation determined under section 41 or the person or persons or the section or class of persons by whom or the proportion in which such cost or compensation should be paid, the matter shall be referred by the collector, or the administrator or the competent authority, as the case may be, on an application made in that behalf by the aggrieved party, to the chief metropolitan magistrate, whose decision thereon shall be final.

section 43. of the delhi police act : any amount payable under section 38, section 39, section 40 or section 41 shall be recovered in the same manner as if it were an arrear of land revenue.

section 44. of the delhi police act : 1 amounts payable under section 38, section 39, section 40 or section 41 shall, when recovered, be credited to the government. 2 the district collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly. 3 no compensation shall be paid under this section, except when a claim has been made therefor within fortyfive days from the date of the notification referred to in subsection 1 of section 41 and the district collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death. 4 the compensation payable to any person under subsection 2 shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same. 5 no civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section.

section 49. of the delhi police act : any direction made under section 46, section 47 or seclion 48 not to enter delhi or any part thereof, shall be for such period as may be specified therein, and shall in no case exceed a period of two years from the date on which it was made.

section 50. of the delhi police act : 1 before an order under section 46, section 47 or section 48 is made against any person, the commissioner of police shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. 2 if such person makes an application for the examination of any witness to be produced by him, the commissioner of police shall grant such application and examine such witness, unless for reasons to be recorded in writing, the commissioner of police is of opinion that such application is made for the purpose of causing vexation or delay. 3 any written explanation put in by such person shall be filed with the record of the case. 4 such person shall be entitled to be represented in the proceeding before the commissioner of police by a counsel. 5 a the commissioner of police may for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 46, section 47 or section 48 require such person, by order in writing, to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry. b the provisions of sections 119 to 124 both inclusive of the code of criminal procedure, 2 of , shall, so far as may be, apply in relation to the order under clause a to furnish security bond. 6 without prejudice to the foregoing provisions, the commissioner of police, while issuing notice to any person under subsection 1 may issue a warrant for his arrest and the provisions of sections 70 to 89 both inclusive of the code of criminal procedure, 2 of , shall, so far as may be, apply in relation to such warrant. 7 the provisions of section 445, section 446, section 447 or section 448 of the code of criminal procedure, 2 of , shall, so far as may be, apply in relation to all bonds executed under this section.

section 45. of the delhi police act : without prejudice to the provisions contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the code of criminal procedure, 2 of , as if each such amount were a fine imposed on an offender by a court.

section 51. of the delhi police act : 1 any person aggrieved by an order made under section 46, section 47 or section 48 may appeal to the administrator within thirty days from the date of the service of such order on him. 2 an appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof. 3 on receipt of such appeal, the administrator may, after giving a reasonable opportunity to the appellant to be heard either personally or by a counsel and after such further inquiry, if any, as he may deem necessary, confirm, vary or set aside the order appealed against: provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the administrator otherwise directs. 4 the administrator shall make every endeavour to dispose of an appeal under this section within a period of three months from the date of receipt of such appeal. 5 in calculating the period of thirty days provided for an appeal under this section, the time taken for obtaining a certified copy of the order appealed against, shall be excluded.

section 46. of the delhi police act : whenever it appears to the commissioner of police that the movement or encampment of any gang or body of persons in any part of delhi is causing or is calculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body of persons or by members thereof, the commissioner of police may, by order addressed to the persons appearing to be the leaders or chief men of such gang or body of persons and published by announcement or beat of drums, or otherwise as the commissioner of police thinks fit direct the members of such gang or body of persons a to so conduct themselves as shall seem necessary in order to prevent violence and alarm or b to disperse and to remove themselves beyond the limits of delhi, or any part thereof, within such time as the commissioner of police shall specify and not to enter delhi or the part thereof, as the case may be, from which they were directed to remove themselves.

section 48. of the delhi police act : if a person has been convicted a of an offence under chapter xii, chapter xvi or chapter xvii of the indian penal code 45 of or b of an offence under section 3 or section 4 of the delhi public gambling act, delhi act 9 of , or under section 12 of that act in so far as it relates to satta gambling or on two or more occasions under any other provision of that act including section 12 of that act in so far as it does not relate to satta gambling or c of any offence under the suppression of immoral traffic in women and girls act, of or d of any offence under section 25, section 26, section 27, section 28 or section 29 of the arms act, 54 of or e of any offence under section 135 of the customs act, 52 of or f of any offence under section 61, section 63 or section 66 of the punjab excise act, punjab act no. 18 of , as in force in delhi or g on two or more occasions of an offence under i the opium act, 1 of or ii the dangerous drugs act, 2 of or iii the drugs and cosmetics act, 23 of or iv section 11 of the bombay prevention of begging act, bombay act no. 10 of , as in force in delhi or h on three or more occasions of an offence under section 105 or section 107 of this act, the commissioner of police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such person to remove himself beyond the limits of delhi or any part thereof, by such route and within such time as the commissioner of police may specify and not to enter or return to delhi or any part thereof, as the case may be, from which he was directed to remove himself.

section 47. of the delhi police act : whenever it appears to the commissioner of police a that the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property or b that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapter xii, chapter xvi, chapter xvii or chapter xxii of the indian penal code 45 of or under section 290 or sections 489a to 489e both inclusive of that code or in the abetment of any such offence or c that such person i is so desperate and dangerous as to render his being at large in delhi or in any part thereof hazardous to the community or ii has been found habitually intimidating other persons by acts of violence or by show of force or iii habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others or iv has been habitually passing indecent remarks on women and girls, or teasing them by overtures and that in the opinion of the commissioner of police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, the commissioner of police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside delhi or any part thereof, by such route and within such time as the commissioner of police may specify and not to enter or return to delhi or part thereof, as the case may be, from which he was directed to remove himself. explanation.a person who during a period within one year immediately preceding the commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act.

section 52. of the delhi police act : an order passed by the commissioner of police under section 46, section 47 or section 48 or the administrator under section 51 shall not be called in question in any court except on the ground a that the commissioner of police or the administrator, as the case may be, had not followed the procedure laid down in subsection 1, subsection 2 or subsection 4 of section 50 or in section 51, as the case may be or b that there was no material before the commissioner of police or the administrator, as the case may be, upon which he could have based his order or c in the case of an order made under section 47 or an order in appeal therefrom to the administrator under section 51, the commissioner of police or the administrator, as the case may be, was not of the opinion that witnesses were unwilling to come forward to give evidence in public against the person against whom such order has been made.

section 53. of the delhi police act : if a person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself from delhi or any part thereof a fails to remove himself as directed or b having so removed himself enters delhi or any part thereof within the period specified in the order, otherwise than with the permission in writing of the commissioner of police under section 54, the commissioner of police may cause him to be arrested and removed in police custody to such place outside delhi or any part thereof as the commissioner of police may in each case specify.

section 54. of the delhi police act : 1 the commissioner of police or any other police officer specially empowered by the administrator in that behalf may, by order in writing, permit any person, in respect of whom an order under section 46, section 47 or section 48 has been made, to return to delhi or any part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observance of the conditions imposed. 2 the commissioner of police may at any time revoke any such permission. 3 any person who with such permission returns to delhi or any part thereof shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside delhi or any part thereof, as the case may be, and shall not return thereto within the unexpired portion of the period specified in the original order made under section 46, section 47 or section 48 without a fresh permission. 4 if such person fails to observe any of the conditions imposed, or to remove himself accordingly or having so removed himself enters or returns to delhi or any part thereof, as the case may be, without fresh permission, the commissioner of police may cause him to be arrested and removed in police custody to such place outside delhi or part thereof as the commissioner of police may in each case specify.

section 55., of persons against whom an order under section 46, 47 or 48 is made. of the delhi police act : every person against whom an order has been made under section 46, section 47 or section 48 shall, if so required by the commissioner of police, allow his measurements and photograph to be taken by a police officer in the prescribed manner.

section 56. of the delhi police act : 1 if any person as aforesaid when required to allow his measurements or photograph to be taken resists or refuses to allow the taking of such measurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof. 2 resistance to or refusal to allow the taking of measurements or photographs under this act shall be deemed to be an offence under section 186 of the indian penal code 45 of . 3 where an order under section 46, section 47 or section 48 is set aside in appeal, all measurements and photographs including negatives taken under this section shall be destroyed or made over to the person against whom such order is made.

section 57., resembling uniform of armed forces. of the delhi police act : 1 if the administrator is satisfied that the wearing in public, by any member of any body, or association or organisation, of any dress or article of apparel resembling any uniform required to be worn by a member of the armed forces of the union or by a member of any police force or of any force constituted by or under any law for the time being in force, is likely to prejudice the security of the state or the maintenance of public order, he may, by a general or special order, prohibit or restrict the wearing, or display, in public of any such dress or article or apparel by any member of such body or association or organisation. 2 every general or special order under subsection 1 shall be published in the manner prescribed for the publication of a public notice under section 142. explanation.for the purposes of this section a dress or an article of apparel shall be deemed to be worn or displayed in public if it is worn or displayed in any place to which the public have access.

section 58. of the delhi police act : 1 for the protection of persons, the security of property and the public safety in any locality the commissioner of police may constitute voluntary bodies hereafter in this section referred to as defence societies in the prescribed manner. 2 the commissioner of police or any officer of a defence society may at any time call up officers subordinate to him or any member of a defence society for training or to discharge any of the duties under this act assigned to them. 3 every officer or member of a defence society shall a on appointment receive a certificate in such form as may be specified or approved by the administrator in this behalf and b when called up for duty have the same powers, privileges and protection as are vested in a police officer appointed under this act. 4 notwithstanding anything contained in any law for the time being in force, an officer or member of a defence society shall not be disqualified for being chosen as, or for being, a member of a the delhi metropolitan council or the municipal corporation of delhi or b any other local authority, by reason of the fact that he is a member or officer of such society.

section 62. of the delhi police act : when in a street or a place of public resort a person is in possession or suspected to be in possession of any article which a police officer in good faith suspects to be stolen property, such police officer may search such person and may require an account in relation to any article found in his possession and should the account given by the possessor be manifestly false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form and report the facts to a metropolitan magistrate who shall thereupon proceed according to the provisions of sections 457, 458 and 459 of the code of criminal procedure, 2 of .

section 59. of the delhi police act : 1 it shall be the duty of every police officer to ensure compliance with the provisions of this act or any rule, regulation or order made thereunder and for that purpose such police officer may, a warn persons who from ignorance fail to comply with any provision of this act or any rule, regulation or order made thereunder b require any person acting or about to act contrary to any provision of this act or rule, regulation or order made thereunder, to desist from so doing c subject to the provisions of subsections 2 and 3, arrest any person contravening any provision of this act or any rule, regulation or order made threunder, where such contravention is an offence punishable under this act d seize any object used, or about to be used, in contravening, or in contravention of, the provisions of this act or any rule, regulation or order made thereunder, where such contravention is an offence punishable under this act. 2 a police officer shall not arrest any person under clause c of subsection 1 without a warrant issued by a metropolitan magistrate, unless such person, a has contravened any regulation made under clause b of subsection 1 of section 28 b has contravened any order or notification made under section 29, subsection 1 or subsection 2 of section 30, section 32, section 47, section 48 or subsection 1 of section 57 c commits in the presence of such police officer an offence punishable under section 97, subsection 1 of section 108, clause a, b or c of section 110 or subsection 2 of section 113 in respect of the contravention of any order made under section 33 or section 34 d has committed, or is reasonably suspected to have committed, an offence punishable under section 100 in relation to any dwelling house, private premises or any other land or ground attached thereto: provided that the person in possession or having charge of that dwelling house, private premises or land or ground complains of the commission of such offence e has committed, or is reasonably suspected to have committed an offence punishable under section 101, section 102 or clause c of subsection 2 of section 113 f commits in his presence in any street or public place any noncognizable offence punishable under this act or any rule or regulation made thereunder if such person i after being warned by the police officer persists in committing such offence or ii refuses to accompany the police officer to a police station on being required so to do. 3 the commissioner of police or any other police officer especially empowered in this behalf by the commissioner of police may arrest without a warrant issued by a metropolitan magistrate any person who has committed an offence punishable under section 92.

section 60. of the delhi police act : it shall be the duty of every police officer a promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by the competent authority and to comply with all lawful commands of his superior b to the best of his ability, to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences and to lay such information and to take such other steps consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice and to prevent the commission of cognizable and, within his view, of noncognizable offences c to prevent to the best of his ability the commission of public nuisances d to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason e to aid any other police officer when called upon by such other police officer or in the case of need in the discharge of the duty of such other police officer, in such ways as would be lawful and reasonable on the part of the officer aided f to prevent the breach of the public peace g to afford every assistance within his power to disabled or helpless persons in the streets h to take charge of intoxicated persons and of lunatics at large, who appear dangerous or incapable or taking care of themselves i to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person to have due regard to his condition j to arrange for the proper sustenance and shelter of every person who is under arrest or in custody k in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance l in dealing with women and children, to act with strict regard to decency and with reasonable gentleness m to use his best endeavours to prevent any loss or damage by fire n to use his best endeavours to avert any accident or danger to the public o to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the contravention of any rule, regulation or order made under this act or any other law in force for observance by the public in or near the streets p to keep order in the streets and at and within public bathing and washing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship q to regulate resort to public bathing and washing places and all other places of public resort, to prevent overcrowding there and to the best of his ability, to prevent the contravention of any regulation or order lawfully made for observance by the public at such place and r to discharge such other duties as are imposed upon him by any law for the time being in force.

section 61. of the delhi police act : subject to the provisions of this act and the rules, regulations and orders made thereunder, every police officer may, for the purpose of discharging any of the duties referred to in section 59 or section 60 enter without a warrant and inspect any place of public resort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicating drinks or narcotics or a place for resort of loose and disorderly characters.

section 65. of the delhi police act : 1 all persons shall be bound to comply with the reasonable directions given by a police officer in the discharge of his duties under this act. 2 where any person resists, refuses or fails to comply with any direction referred to in subsection 1, a police officer may, without prejudice to any other action that he may take under any other provision of this act or any other law for the time being in force, remove such person and either produce him before a metropolitan magistrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist: provided that the person so removed shall in all cases be produced before the metropolitan magistrate or released, as the case may be, within a period of twentyfour hours of such removal.

section 63. of the delhi police act : 1 the administrator may, by notification in the official gazette, declare any specified service to be an essential service to the community. 2 a declaration made under subsection 1 shall remain in force for one month in the first instance, but may be extended from time to time by a like notification. 3 upon a declaration being made under subsection 1 and so long as it remains in force, it shall be the duty of every police officer to obey any order given by any superior officer in relation to any employment in connection with the service specified in the declaration.

section 64. of the delhi police act : a police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, a superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof.

section 66. of the delhi police act : 1 it shall be the duty of every police officer to take temporary charge a of all unclaimed property found by, or made over to, him and b of all property found lying in any public street, if the owner or person in charge of such property, on being directed to remove the same, refuses or fails to do so. 2 the police officer taking charge of the property under subsection 1 shall furnish an inventory thereof to the commissioner of police.

section 67. of the delhi police act : 1 where any property has been taken charge of under subsection 1 of section 66, the commissioner of police shall issue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer whom he authorises in this behalf and establish his claim within six months from the date of such proclamation. 2 if the property, or any part thereof, is subject to speedy and natural decay or consists of livestock or if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auction under the orders of the commissioner of police and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property. 3 where any person who has a claim to the property is required by the proclamation under subsection 1 to appear before the other officer authorised by the commissioner of police in that behalf and establish his claim, such officer shall forward the record of the proceedings before him with his findings thereon to the commissioner of police.

section 68. of the delhi police act : 1 the commissioner of police on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under subsection 1 of section 67 order the same to be delivered to him, after deduction or payment of the expenses incurred by the delhi police in the seizure and detention thereof. 2 the commissioner of police may, at his discretion, before making any order under subsection 1, take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered pursuant to such order.

section 69. of the delhi police act : 1 if no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under subsection 2 of section 67, may be sold by auction under the orders of the commissioner of police and the proceeds thereof shall be credited to the government. 2 if any claim is made to any proceeds credited under subsection 1 to the government and if such claim is established, whether wholly or to any extent, to the satisfaction of the prescribed authority, the administrator shall pay to the claimant the amount determined in that behalf by the prescribed authority. 3 the form and manner in which claims may be made under subsection 2 and the procedure for dealing with such claims and all other matters connected therewith shall be such as may be prescribed.

section 70. of the delhi police act : show related subordinates 1 the central government may, by notification in the official gazette and subject to such conditions and limitations as may be specified therein, empower a the commissioner of police to exercise and perform in relation to delhi the powers and duties of an executive magistrate and of a district magistrate under such of the provisions of the code of criminal procedure, 2 of , as may be specified in the notification b any officer subordinate to the commissioner of police not being an officer below the rank of an assistant commissioner of police to exercise and perform in relation to such areas in delhi as may be specified in the notification the powers and duties of an executive magistrate under such of the provisions of the said code as may be specified in the notification. 2 every officer subordinate to the commissioner of police shall, in the exercise and performance of any powers and duties which he is empowered to exercise or perform under subsection 1, be subject to the general control of the commissioner of police in the same manner and to the same extent as an executive magistrate appointed under section 20 of the said code would be subject to the general control of the district magistrate appointed under that section. 3 the commissioner of police or any officer subordinate to him shall not be subject in the exercise and performance of any powers and duties which he is empowered to exercise and perform under subsection 1, to the general control of the district magistrate appointed under section 20 of the said code. 4 the provisions of this section shall have effect notwithstanding anything contained in the said code. notifications yeardescriptionfiles notification no 670e dt. notification 3 under delhi police act notification dt. 31.10. under delhi police act notification dt. 09.09. under delhi police act notification 1 under delhi police act notification 2 under delhi police act notification under delhi police act

section 71. of the delhi police act : every notification made by the central government under section 70 shall be laid, as soon as it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or both houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

section 72. of the delhi police act : references to judicial magistrate of the first class in sections 108, 109 and 110 of the code of criminal procedure, not to be construed as references to an executive magistrate. omitted by the code of criminal procedure amendment act, 63 of , s. 9 w.e.f. .

section 74. of the delhi police act : when the animal is brought before a metropolitan magistrate under section 73, the magistrate may direct the animal to be returned to the person from whose possession it was taken on such person giving security to the satisfaction of the metropolitan magistrate binding himself to produce the animal when required or may direct that the animal shall be sent for treatment and care to an infirmary and be detained there as provided in section 35 of the prevention of cruelty to animals act, 59 of or may make such order as he thinks fit regarding the disposal or custody or production of the animal.

section 73. of the delhi police act : 1 when in respect of an animal an offence punishable under subsection 1 of section 11 or section 12 of the prevention of cruelty to animals act, has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may a take the animal to the metropolitan magistrate, or b if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the administrator in this behalf: provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or in any suitable place approved by the administrator by general or special order and the animal shall thereupon be detained there until its production before a metropolitan magistrate, or c take the animal to an infirmary appointed under section 35 of the said act for treatment and detention therein, pending direction of a magistrate under subsection 2 of that section, or d when the animal is in such physical condition that it cannot be taken to a veterinary officer or a metropolitan magistrate, draw up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal: provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the administrator by general or special order and the animal shall thereupon be detained there until its production before a metropolitan magistrate. 2 where an animal is detained in a dispensary, infirmary or other place under subsection 1, the animal shall be produced before a metropolitan magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained.

section 79. of the delhi police act : the provisions of this chapter shall be in addition to, and not in derogation of, the provisions of the prevention of cruelty to animals act, .

section 80. of the delhi police act : no person shall a when driving a vehicle along a street except in cases of actual necessity or of some other sufficient reason for deviation fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle or b leave in any street or public place insufficiently tended or secured any animal or vehicle.

section 76. of the delhi police act : when under section 73, a police officer takes an animal for detention in a dispensary or infirmary or other place before its production before a metropolitan magistrate or a metropolitan magistrate directs its further detention in an infirmary, subsections 3 to 7 both inclusive of section 35 of the prevention of cruelty to animals act, shall, as far as may be, apply in relation to the detention of animal including the cost of transport, maintenance and treatment of the animal in the dispensary, infirmary or other place.

section 75. of the delhi police act : the veterinary officer before whom an animal is brought under section 73 shall with all convenient speed examine the same and draw up a report of such examination and a copy of the report of such examination shall be delivered free of charge to the accused person if he applies for it.

section 82. of the delhi police act : no person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal except at such times and places as the competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of a vehicle or except when as a result of any accident repairing on the spot is unavoidable repair any vehicle or part of a vehicle, or carry on therein any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public.

section 77. of the delhi police act : when a police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, such police officer may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

section 78. of the delhi police act : any police officer may arrest, without a warrant from a magistrate, any person committing in his presence any offence punishable under clauses a to m both inclusive of subsection 1 of section 11 of the prevention of cruelly to animals act, .

section 81. of the delhi police act : no person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place i by misbehaviour, negligence or illusage in the driving, management, treatment or care of any animal or vehicle or ii by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf.

section 83. of the delhi police act : no person shall cause obstruction in any street or public place a by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down passengers, to remain or stand in the street or the public place longer than may be necessary for such purpose or b by leaving any vehicle standing or fastening any cattle in the street or the public place or c by using any part of a street or public place as a halting place for vehicles or cattle or d by leaving any box, bale, package or other things whatsoever in or upon a street for an unreasonable length of time or contrary to any regulation or e by exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever.

section 90. of the delhi police act : no person shall obstruct or incommode a person bathing at a place set apart for the purpose by the order of the competent authority under section 88 by wilful intrusion or by using such place for any purpose for which it is not so set apart.

section 84. of the delhi police act : no person shall drive, ride, load, propel or leave on any footway any animal or vehicle other than a perambulator or fasten any animal in such a way that the animal can stand across or upon such footway.

section 85. of the delhi police act : no person shall, in contravention of any regulation made by the commissioner of police, a exhibit any mimetic, musical or other performances of such a nature as may attract crowds or b carry or place bulky advertisements, pictures, figures or emblems in any street or public place, whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned.

section 86. of the delhi police act : no person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place, except at a place set apart for the purpose, so as to cause annoyance to the neighbouring residents or to passersby.

section 87., and suffering ferocious dogs to be at large. of the delhi police act : no person shall in any street or public place a negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance or b suffer a ferocious dog to be at large without a muzzle or c set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.

section 88. of the delhi police act : no person shall bathe or wash in, or by the side of, a public well, tank or reservoir not set apart for such purpose by order of the competent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority.

section 89. of the delhi police act : no person shall defile or cause to be defiled the water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority.

section 91. of the delhi police act : no person shall wilfully and indecently expose his person in any street or public place or place of public resort or within sight of, and in such manner as to be seen from, any street or public place or place of public resort, whether from within any house or building or not, or use indecent language or behave indecently or riotously or in a disorderly manner in a street or public place or place of public resort or in any office, police station or station house.

section 92. of the delhi police act : no person shall wilfully push, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise, disturb the public peace or order.

section 93. of the delhi police act : no person shall use in any street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

section 98. of the delhi police act : 1 whoever allows any cattle which are his property or in his charge to stray in any street or to trespass upon any public or private property shall on conviction be punished a for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to three hundred rupees, or with both and b for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 2 the metropolitan magistrate trying an offence under subsection 1 may order a that the accused shall pay such compensation not exceeding two hundred and fifty rupees as such magistrate considers reasonable to any person for any damage proved to have been caused to his property or the produce of his land by the cattle under the control of the accused trespassing on his land and b that the cattle in respect of which the offence has been committed shall be forfeited to the government. 3 any compensation awarded under subsection 2 may be recovered as if it were a fine imposed under this section. 4 it shall be the duty of every police officer and it shall be lawful for any other person to seize and take to any cattle pound for confinement therein any cattle found straying in any street or trespassing upon any private or public property. 5 any fine imposed under this section may, without prejudice to any other means of recovery provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, whether they are the property of the person convicted of the offence or were only in his charge when the offence was committed. 6 notwithstanding anything contained in the code of criminal procedure, 2 of , the offence punishable under this section shall be cognizable.

section 94. of the delhi police act : no person shall fly a kite or any other thing so as to cause danger, injury or alarm to persons, animals or property.

section 95. of the delhi police act : no person shall in or near to any street, public place or place of public resort a commit a nuisance by easing himself or b having the care or custody of any child under seven years of age, suffer such child to commit a nuisance as aforesaid or c spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passerby.

section 97. of the delhi police act : any person who contravenes any of the provisions of sections 80 to 96 both inclusive shall, on conviction, be punished with fine which may extend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term not exceeding eight days.

section 96. of the delhi police act : no person shall, in any court, police station, police office or building occupied by government or building occupied by any local body, smoke, or spit in contravention of a notice, by the competent authority in charge of such place, displayed in such court, police station, police office or building.

section 100. of the delhi police act : whoever without satisfactory excuse wilfully enters or remains in or upon any dwellinghouse or premises or land or ground attached thereto, or on any ground, building, monument or structure belonging to government or used for public purposes, or on any vehicle, shall, on conviction, whether he causes any actual damage or not, be punished with imprisonment which may extend to seven days or with fine which may extend to one hundred rupees, or with both.

section 99. of the delhi police act : whoever in any place cruelly beats, goads, overworks, illtreats or tortures or causes, or procures to be cruelly beaten, goaded, overworked, illtreated or tortured, any animal shall, on conviction, be punished with imprisonment which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

section 108. of the delhi police act : 1 whoever by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game or in taking part in the stakes or wagers, or in betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed to have committed the offence of cheating within the meaning of section 415 of the indian penal code 45 of , and be liable to punishment accordingly. 2 whoever assembles with others, or joins any assembly, in a street assembled for the purpose of gambling or wagering shall, on conviction, be punished with fine which may extend to fifty rupees or may be released after a due admonition.

section 101. of the delhi police act : whoever knowingly gives or causes to be given a false alarm of fire to the fire brigade of the government or the corporation or a municipality or to any officer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, or with intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street fire alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both.

section 103. of the delhi police act : whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the metropolitan magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both.

section 107. of the delhi police act : show related subordinates whoever, being the keeper of any place of public amusement or public entertainment, knowingly permits or suffers drunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, on conviction, be punished with fine which may extend to one hundred rupees.

section 102. of the delhi police act : whoever is found between sunset and sunrise a armed with any dangerous instrument with intent to commit an offence or b having his face covered, or otherwise disguised with intent to commit an offence or c in any dwellinghouse or other building, or on any vehicle, without being able satisfactorily to account for his presence there or d lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself or e having in his possession without lawful excuse the burden of proving which excuse shall be on such person any implement of house breaking, shall, on conviction, be punished with imprisonment for a term which may extend to three months.

section 104., to report to police possession or tender of property suspected to be stolen. of the delhi police act : whoever being a pawnbroker, dealer in second hand property, or worker in metals, or reasonably believed by the commissioner of police to be such a person, and having received from a police officer written or printed information in relation to any property suspected to have been transferred by any offence mentioned in section 410 of the indian penal code 45 of or by any offence punishable under section 417, section 418, section 419 or section 420 of the said code, is found in possession, or, after the receipt of such information, comes into possession or has an offer, either by way of sale, pawn, exchange, or for custody, alteration or otherwise, howsoever, made to him, of property answering the description contained in such information, shall, unless i he forthwith gives information to the commissioner of police, or at a police station of such possession or offers and takes all reasonable means to ascertain and to give information as aforesaid of the name and address of the person from whom the possession or offer was received, or ii the property, being an article of common wearing apparel or otherwise, is incapable of identification from the written or printed information given and has been in no way concealed after the receipt of such information, on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so in his possession or offered to him.

section 106. of the delhi police act : whoever takes from any child, not appearing to be above the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child or without the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees.

section 105., of property referred to in section 104. of the delhi police act : whoever having received such information as is referred to in section 104 alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property as is referred to in that section shall, on proof that the same was stolen property within the meaning of section 410 of the indian penal code 45 of or property in respect of which any offence punishable under section 417, section 418, section 419 or section 420 of the said code has been committed, be punished with imprisonment for a term which may extend to three years or with fine, or with both.

section 109. of the delhi police act : whoever contravenes, disobeys, opposes, or fails to conform to an order under section 27 requiring him to vacate any premises, shall, on conviction be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

section 110., under section 28. of the delhi police act : save as provided in section 112, whoever contravenes, or abets the contravention of, any regulation made under section 28 or any of the conditions of a licence issued under such regulation shall, on conviction, be punished a if the regulation was made under clause b of subsection 1 of section 28 providing for the prohibition of the sale, or exposure for sale, of any goods on any street or portion thereof so as to cause obstruction to traffic or inconvenience to the public i for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both, and ii for any subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees b if the regulation was made under clause d, h, i, or j, subclause i or ii of clause s or clause v of subsection 1 of section 28, with imprisonment for a term which may extend to eight days, or with fine which may extend to fifty rupees, or with both c if the regulation was made under clause o or p of subsection 1 of section 28, with fine which may extend to two hundred rupees and d if the regulation was made under any clause of subsection 1 of section 28 and for the contravention of which no penalty is provided under clause a, b or c of this section, with fine which may extend to fifty rupees.

section 111. of the delhi police act : the holder of a licence granted under this act in respect of a place of public amusement or public entertainment shall be responsible, as well as the actual offender for any offence under section 110 committed by his servant or other agent acting with his express or implied permission on his behalf as if he himself had committed the same, unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence.

section 117. of the delhi police act : whoever contravenes any order made under section 57 shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

section 112. of the delhi police act : 1 whoever fails to obtain a licence under this act in respect of a place of public entertainment or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate, as the case may be, within the prescribed period shall, on conviction, be punished with fine which may extend to fifty rupees. 2 any court trying any such offence shall in addition direct that the person keeping the place of public entertainment, or the eating house, in respect of which the offence has been committed shall close such place, or eating house until he obtains a licence or fresh licence, or a certificate of registration or fresh certificate of registration, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction. 3 if the person fails to comply with any such direction, he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both. 4 without prejudice to any action taken under subsection 3, on the failure of such person to comply with the direction of the court, any police officer authorised by the commissioner of police, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the courts direction.

section 114., made under sections 35, 36 and 37. of the delhi police act : whoever contravenes, or abets the contravention of, any regulation, notice or order made under section 35, section 36 or section 37 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

section 118. of the delhi police act : whoever opposes or fails forthwith to comply with any reasonable requisition made by a police officer under clause b of subsection 1 of section 59, or abets the opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which shall not be less than four months but which may extend to one year and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.

section 115. of the delhi police act : whoever opposes or fails to conform to any direction issued under section 46, section 47 or section 48 or abets the opposition to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment which shall not be less than four months but which may extend to one year and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.

section 116. of the delhi police act : without prejudice to the power to arrest and remove a person in the circumstances, and in the manner provided in section 53, any person who a in contravention of a direction issued to him under section 46, section 47 or section 48 enters or returns without permission to delhi, or any part thereof, as the case may be, from which he was directed to remove himself or b enters or returns to delhi or any part thereof with permission granted under subsection 1 of section 54, but fails, contrary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter, without fresh permission, shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to two years and shall also be liable to fine: provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

section 113., under sections 29, 30, 31, 32, 33 and 34. of the delhi police act : 1 whoever contravenes, disobeys, opposes or fails to conform to any order given by a police officer under section 29 shall, on conviction, be punished with fine which may extend to two hundred rupees. 2 whoever contravenes a notification or an order made under section 30, section 32, section 33 or section 34 or abets the contravention thereof shall, on conviction, be punished a if the said notification or order was made under subsection 1 of section 30 or under section 33 or section 34, with imprisonment for a term which shall not be less than four months but which may extend to one year, and shall also be liable to fine: provided that the court may, for adequate and sufficient reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months b if the said order was made under subsection 2 of section 30, with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both c if the said notification was made under subsection 3 of section 30, with fine which may extend to one hundred rupees or d if the said order was made under section 32, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 3 whoever opposes or fails to conform to any direction given by a police officer under section 31, shall, on conviction, be punished with fine which may extend to two hundred rupees.

section 121. of the delhi police act : 1 any person, who having been appointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty rupees. 2 such punishment shall automatically cancel the certificate of appointment of such a special police officer.

section 119. of the delhi police act : whoever opposes or fails to conform to any direction given by any police officer under section 65 or abets the opposition or failure to conform to such direction shall, on conviction, be punished with fine which may extend to fifty rupees.

section 120. of the delhi police act : 1 no person shall without the previous permission of the commissioner of police and except in accordance with any conditions subject to which such permission is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself under ground or seals himself in any room or receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation. 2 if any person contravenes or attempts to contravene the provisions of subsection 1, he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both. 3 notwithstanding anything contained in the code of criminal procedure, 2 of , the offence punishable under this section shall be cognizable.

section 127. of the delhi police act : 1 the commissioner of police may, by notification in the official gazette, make regulations to provide that no person, other than a member of the armed forces of the union acting as such or a police officer, shall go armed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by such authority as may be specified in such regulations. 2 any regulation made under subsection 1 may provide that any person who goes armed in contravention of such regulation shall be liable to be disarmed by any police officer and the weapon or substance so seized shall be forfeited to the government, unless redeemed within two months by payment of such fine, not exceeding five hundred rupees, as the commissioner of police imposes.

section 122., and for misconduct of police officers. of the delhi police act : a any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police officer, or b any police officer who i is guilty of cowardice, or ii being a police officer of subordinate rank, resigns his office or withdraws himself from dutie thereof in contravention of section 25, or iii is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey, or iv is guilty of any violation of duty for which no punishment is expressly provided by any other law in force, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both. explanation.a police officer who being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave shall, for the purpose of subclause ii of clause b, be deemed to withdraw himself from the duties of his office within the meaning of section 25.

section 123. of the delhi police act : any police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of subsection 1 of section 26 shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

section 129. of the delhi police act : 1 a court taking cognizance of an offence punishable under section 97, or under clause a, b or c of section 110 may state upon the summons to be served on the accused person that he may, by a specified date, prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum not exceeding one hundred rupees in the case of an offence punishable under section 97 and in any other case rupees fifty, as the court may specify. 2 where an accused person pleads guilty and remits the sum specified in the summons, under subsection 1, no further proceedings in respect of the offence shall be taken against him.

section 124., by police officer. of the delhi police act : any police officer who a without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place or b vexatiously and unnecessarily seizes the property of any person or c vexatiously and unnecessarily detains, searches or arrests any person or d offers any unnecessary personal violence to any person in his custody or e holds out any threat or promise not warranted by law, shall, for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 131. of the delhi police act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:z provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 125. of the delhi police act : any police officer who vexatiously and unnecessarily delays the forwarding of any person arrested to a magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

section 128. of the delhi police act : it shall not, except in obedience to a rule, regulation or order made by the administrator or by the commissioner of police, be incumbent on the delhi police to prosecute for an offence punishable under section 97, section 104, subsection 1 of section 113, section 114, section 119 or section 121 when such offence has not occasioned serious mischief and has been promptly desisted from on a warning being given.

section 126. of the delhi police act : if any persons not being a member of the delhi police wears, without the permission of an officer authorised by the administrator in this behalf by general or special order, the uniform of the delhi police or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which may extend to two hundred rupees.

section 134. of the delhi police act : no rule, regulation, order, direction, adjudication, inquiry or notification made or published and no act done under any provision of this act or any rule or regulation made under this act, or in substantial conformity with the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.

section 130. of the delhi police act : subject to the provisions contained in section 300 of the code of criminal procedure, 2 of , nothing in this act shall be construed to prevent any person from being prosecuted and punished under any other law for anything made punishable by this act or from being prosecuted and punished under this act for anything made punishable under any other law.

section 132. of the delhi police act : all fees paid for licences or permissions granted under this act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment for the time being in force to any local authority be credited to the government: provided that with the sanction of the administrator or under any rule made by the administrator in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer or be divided amongst two or more police officers.

section 133. of the delhi police act : any order or notification published or issued by the administrator or by the commissioner of police or any other police officer under any provision of this act, and the due publication or issue thereof may be proved by the production of a copy thereof in the official gazette, or of a copy thereof signed by the administrator or commissioner of police or other police officer, as the case may be, and by him certified to be a true copy of an original published or issued according to the provisions of this act applicable thereto.

section 135. of the delhi police act : notwithstanding anything contained in any law for the time being in force, in a prosecution for an offence for the contravention of an order made under section 46, section 47 or section 48 on the production of an authentic copy of the order, it shall, until the contrary is proved by the accused, be presumed a that the order was made by the authority competent under this act to make it b that the authority making the order was satisfied that the grounds on, or the purpose for, which it was made existed, and that it was necessary to make the same and c that the order was otherwise valid and in conformity with the provisions of this act.

section 141., and to be signed. of the delhi police act : 1 any licence or written permission granted under the provisions of this act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority. 2 any licence or written permission granted under this act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence with respect to any matter to which such licence or permission relates. 3 when any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the persons to whom the same was granted shall, for all purposes of this act, be deemed to be without a licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be. 4 every person to whom any such licence or written permission has been granted shall, while the same remains in force, at all reasonable times, produce the same, if so required by a police officer. explanation.for the purposes of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person to whom such licence or written permission has been granted.

section 137. of the delhi police act : if any person permitted to enter or return to the area from which he was directed to remove himself under subsection 1 of section 54, fails to observe any condition imposed under that subsection or by the bond executed by him thereunder, his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid.

section 142. of the delhi police act : any notification which may be publicly promulgated, public notice required to be given, order required to be notified publicly or proclamation required to be issued under any of the provisions of this act shall be in writing, under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising, the same in such local newspapers in hindi, urdu and english, as the competent authority may deem fit, or by any two or more of these means and by any other means it may think suitable.

section 136. of the delhi police act : whenever in consequence of the office of the commissioner of police, additional commissioner of police or any police officer becoming vacant, any officer holds charge of the post of such commissioner of police, additional commissioner of police or other police officer or succeeds, either temporarily or permanently, to that post, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by or under this act on the commissioner of police or on such additional commissioner of police or other police officer, as the case may be.

section 143., of a competent authority may be proved by writing under its signature. of the delhi police act : whenever under this act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the competent authority, a written document signed by the competent authority, purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

section 139. of the delhi police act : no public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to a any order or direction issued with apparent authority by the administrator or by a person empowered in that behalf under this act or b any rule or regulation made under this act. explanation. in this section, the expression public servant has the meaning assigned to it in section 21 of the indian penal code 45 of .

section 138. of the delhi police act : no police officer shall be liable to any penalty or to payment of any damages on account of an act done in good faith in pursuance of or purported to be done in pursuance of any duty imposed or any authority conferred on him by any provision of this act or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.

section 145. of the delhi police act : 1 in the case of any rule or order made by the administrator under an authority conferred by this act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any person interested to apply to the administrator by a memorial to annul, reverse, or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable. 2 after such an application as aforesaid and rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the administrator, it shall be competent for the person interested and deeming the rule or order to be contrary to law to institute a suit in the principal civil court of original jurisdiction against the administrator for a declaration that the rule or order is unlawful either wholly or in part. 3 where in any suit instituted under subsection 2 or on appeal therefrom, the court adjudges a rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to law.

section 140. of the delhi police act : 1 in any case of alleged offence by a police officer or other person, or of a wrong alleged to have been done by such police officer or other person, by any act done under colour of duty or authority or in excess of any such duty or authority, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three months after the date of the act complained of: provided that any such prosecution against a police officer or other person may be entertained by the court, if instituted with the previous sanction of the administrator, within one year from the date of the offence. 2 in the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall give to the alleged wrongdoer not less than one months notice of the intended suit with sufficient description of the wrong complained of, and if no such notice has been given before the institution of the suit, it shall be dismissed. 3 the plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service and shall state what tender or amends, if any, has been made by the defendant and a copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.

section 144., may be stamped. of the delhi police act : every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this act or by any rule or regulation made thereunder, to bear the signature of the commissioner of police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.

section 146. of the delhi police act : 1 the commissioner of police shall exercise all powers and discharge all functions which may be exercised or discharged by a district magistrate under the acts mentioned in schedule i including the rules made thereunder. 2 the commissioner of police may authorise any additional commissioner of police, deputy commissioner of police or additional deputy commissioner of police to exercise any of the powers or discharge any of the functions of the commissioner of police mentioned in subsection 1 in accordance with the general or special orders of the administrator. 3 the powers and functions of a district magistrate under the sarais act, 22 of , shall be exercised and discharged by the administrator or such officer as the administrator may, by notification in the official gazette, authorise in this behalf.

section 152. of the delhi police act : 1 the delhi police ordinance, ord. 2 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 147. of the delhi police act : show related subordinates 1 the administrator may make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a recruitment to, and the pay, allowance and all other conditions of service of the members of, the delhi police under clause b of section 5 b the manner of publication, under subsection 2 of section 17, by the commissioner of police, of the names of special police officers appointed under that section c awarding of any of the punishments referred to in subsection 1 or subsection 2 of section 21 to any police officer of subordinate rank d procedure for awarding punishments under section 22 e form of discharge certificate under subsection 8 of section 25 f determination of the cost of employing additional police under subsection 2 of section 38 g manner of taking measurements and photographs under section 55 of a person against whom an order has been made under section 46, section 47 or section 48 h manner of constituting defence societies under subsection 1 of section 58 i form of receipt to be given in respect of any article detained under section 62 j the authority to whose satisfaction claims are to be established under subsection 2 of section 69 and the form and manner in which claims may be made under that subsection, the procedure for dealing with such claims and all other matters connected therewith under subsection3 of that section k payment to any police officer or division among two or more police officers the whole or any portion of any reward, forfeiture or penalty, under the proviso to section 132 l any other matter which has to be, or may be, prescribed, or provided for by rules, under this act.

section 148. of the delhi police act : 1 every rule and regulation made under this act shall be made by notification in the official gazette. 2 every rule and regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. 3 every rule and regulation made under this act shall also be laid before the metropolitan council of delhi.

section 149. of the delhi police act : 1 on the commencement of this act the enactments specified in schedule ii shall cease to be in force in delhi provided that i all rules and standing orders made including the punjab police rules, as in force in delhi, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licence given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited and penalties incurred under any such enactment shall, in so far as they are consistent with this act, be deemed to have been respectively made, conferred, passed, given, issued, served, arrested, detained, discharged, forfeited or incurred under this act ii all references in any enactment to any of the provisions of the enactments so ceasing to be in force shall, in relation to delhi, be construed as references to the corresponding provisions of this act. 2 the cesser of operation under subsection 1 of an enactment specified in schedule ii shall not affect a the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder before the commencement of this act b any right, privilege, obligation or liability already acquired, accrued or incurred thereunder before such commencement c any penalty, forfeiture or punishment incurred or inflicted in respect of any act thereunder before such commencement d any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment or e any legal proceeding thereunder pending in any court or before any officer immediately before such commencement or anything done or suffered to be done in the course of such proceedings, and any such proceeding or any appeal or revisional proceedings arising out of such proceeding shall, save as otherwise expressly provided in section 150 be instituted, continued or disposed of, as the case may be, as if this act had not been enacted.

section 151. of the delhi police act : 1 if any difficulty arises in giving effect to the provisions of this act in consequence of the transition to the said provisions from the provisions of the enactments mentioned in schedule ii, the central government may, by notification in the official gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty: provided that no such notification shall be issued after the expiry of two years from the commencement of this act. 2 every notification issued under this section shall, as soon as may be after it is issued, be laid before each house of parliament.

section 150. of the delhi police act : without prejudice to the provisions contained in section 149, a the police force functioning in delhi immediately before the commencement of this act hereafter in this section referred to as the existing police force shall, on such commencement, be deemed to be police force constituted under this act and every member of the existing police force holding the office mentioned in column 1 of schedule iii, immediately before such commencement, shall be deemed to be appointed, on such commencement, to the office mentioned in the corresponding entry in column 2 of that schedule b all proceedings including proceedings by way of investigations pending before any police officer of the existing police force, immediately before the commencement of this act shall on such commencement be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause a and shall be dealt with accordingly c where any power or function which may be exercised or discharged under any law by a district magistrate or executive magistrate immediately before the commencement of this act has been conferred on the commissioner of police or any other police officer by or under this act, all proceedings in relation to or arising from the exercise of such power or the discharge of such function pending immediately before such conferment before the district magistrate, or the executive magistrate, as the case may be, shall, on the conferment of such power or function on the commissioner of police or other police officer stand transferred to the commissioner of police or other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.

section 1. of the metro railways construction of works act : show related subordinates 1 this act may be called the metro railways construction of works act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 3 it applies in the first instance to the metropolitan city of calcutta and the central government may, by notification in the official gazette, declare that this act shall also apply to 2the national capital region, such other metropolitan city and metropolitan area, after consultation with the state government, and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to the national capital region, such metropolitan city or metropolitan area accordingly. 1. 1st february, , vide notification no. s.o. 412e, dated 20th january, , see gazette of india, extraordinary, part ii, sec. 3 ii. 2. subs. by act 34 of , s. 2, for certain words w.e.f. .

section 8. of the metro railways construction of works act : on the issue of a notification under subsection 1 of section 7, it shall be lawful for the metro railway administration or any officer or other employee of the metro railway a to enter upon and survey and take level of the land, building, street, road or passage specified in the notification b to dig or bore into the subsoil c to set out the intended work d to mark such levels, boundaries or lines by placing marks and cutting trenches e to do all other acts necessary to ascertain whether the metro railway can be laid upon or under the land, building, street, road or passage, as the ease may be: provided that while exercising any power under this section the metro railway administration or such officer or other employee shall cause as little damage or injury as possible to such land, building, street, road or passage, as the case may be.

section 2. of the metro railways construction of works act : 1 in this act, unless the context otherwise requires, a advisory board means the advisory board constituted under section 4 b 1appellate authority means the appellate authority appointed under section 16 c building means a house, outhouse, stable, latrine, urinal, shed, hut or wall or any other structure or erection, whether of masonry bricks, wood, mud, metal or any other material or any part of a building, but does not include a plant or machinery installed in a building or any part thereof or any portable shelter d commissioner means a commissioner of metro railway appointed under section 27 2e competent authority means the competent authority appointed under section 16 f development with its grammatical variations means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land or planting of any tree on land and includes redevelopment g land includes any right or interest in land h metro alignment, in relation to any 3metropolitan city, metropolitan area and the national capital region means such alignment of the metro railway as is specified in the schedule under that city and includes the metro railway 4ha metropolitan area shall have the meaning assigned to it in clause c of article 243p of the constitution i metro railway means a metro railway or any portion thereof for the public carriage of passengers, animals or goods and includes, a all land within the boundary marks indicating the limits of the land appurtenant to a metro railway, b all lines of rails, sidings, yards or branches worked over for the purposes of, or in connection with, a metro railway, c all stations, offices, ventilation shafts and ducts, warehouses, workshops, manufactories, fixed plants and machineries, sheds, depots and other works constructed for the purpose of, or in connection with, a metro railway j metro railway administration, in relation to any metro railway, means the general manager of that metro railway k metropolitan city means the metropolitan city of bombay, calcutta, delhi or madras l metropolitan city of bombay means the area covered by greater bombay as defined in the bombay municipal corporation act, bombay act iii m metropolitan city of calcutta means the area described under the heading l. calcutta metropolitan district in the schedule to the calcutta metropolitan planning area use and development of land control act, west bengal act xiv of n metropolitan city of delhi means the entire area of the union territory of delhi o metropolitan city of madras means the area covered by the city of madras as defined in the madras city municipal act, madras act iv of 5oa national capital region means the national capital region as defined in clause f of section 2 of the national capital region planning board act, 2 of p prescribed means prescribed by rules made under this act q rolling stock includes locomotives, engines, carriages whether powered or not, wagons, trollies and vehicles of all kinds moving or intended to move on rails r to erect, in relation to any building, includes i any material alteration or enlargement of such building, ii conversion, by structural alteration, into a place for human habitation of such building not originally constructed for human habitation, iii conversion into more than one place for human habitation of such building originally constructed as one such place, iv conversion of two or more places of human habitation in such building into a greater number of such places, v such alteration of such building as would alter the drainage or sanitary arrangements therein or would materially affect its security, and vi the addition of any rooms in such building. 2 all other words and expressions used herein and not defined but defined in the indian railways act, 9 of , shall have the meanings, respectively, assigned to them in that act. 1. subs. by act 41 of , s. 2, for arbitrator w.e.f. . 2. subs. by s. 3, ibid., for clause e w.e.f. . 3. subs by act 34 of , s. 3, for metropolitan city w.e.f. . 4. ins. by s. 4, ibid. w.e.f. . 5. ins. by act 34 of , s. 4 w.e.f. .

section 4. of the metro railways construction of works act : show related subordinates 1 the central government may constitute an advisory board, for every metro railway for the purpose of assisting or advising that government on a the formulation and coordination of plans for the development of metro railway and its expansion b the financing and execution of any project for the construction of the metro railway c such other matters as may be referred to it for carrying out the purposes of this act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the 1metropolitan city, metropolitan area and the national capital region. 2 the advisory board shall consist of such number of members being officers of the government not exceeding nine as may be appointed to it by the central government. 3 the central government shall appoint one of the members of the advisory board as its chairman. 4 the central government shall publish in the official gazette the names of all the members of the advisory board and the chairman thereof. 5 the advisory board shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed. 6 the members of the advisory board shall hold office for such term as may be prescribed. 1. subs. by act 34 of , s. 3, for metropolitan city w.e.f. .

section 3. of the metro railways construction of works act : the central government may, for the purposes of this act, appoint a general manager for every metro railway.

section 5. of the metro railways construction of works act : 1 the advisory board may constitute as many committees as it deems necessary consisting wholly of members of such board or wholly of other persons or partly of members of the board and partly of other persons for such purposes as it may think fit. 2 every committee constituted under subsection 1 shall meet at such times and places and shall observe such procedure in regard to the transaction of its business as may be prescribed. 3 there shall be paid to the members of the committee who are not members of the advisory board, such fees and allowances for attendance at the meetings of the committee and such travelling allowances as may be prescribed.

section 6. of the metro railways construction of works act : where it appears to a metro railway administration that for the construction of any metro railway or any other work connected therewith a any land, building, street, road or passage, or b any right of user, or any right in the nature of easement, therein, is required for such construction or work, it shall apply to the central government in such form as may be prescribed for acquiring such land, building, street, road or passage or such right of user or easement.

section 12., is vested in the central government. of the metro railways construction of works act : where the right of user in, or any right in the nature of easement on, any land, building, street, road or passage has vested in the central government under section 10, it shall be lawful for the metro railway administration or any officer or other employee of the central government to enter and do any other act necessary upon the land, building, street, road or passage for carrying out the construction of the metro railway or any other work connected therewith.

section 9. of the metro railways construction of works act : 1 any person interested in the land, building, street, road or passage may, within twentyone days from the 1date of publication under subsection 3 of section 7 of the substance of the notification under subsection 1 of that section object to the construction of the metro railway or any other work connected therewith upon or under the land, building, street, road or passage, as the case may be. 2explanation.for the purposes of this subsection, where the substance of the notification under subsection 1 of section 7 is published on different dates at different places, the last of such dates shall be deemed to be the date on which substance of the notification has been published. 2 every objection under subsection 1 shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or 2by an agent or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. explanation.for the purposes of this subsection legal practitioner has the same meaning as in clause i of subsection 1 of section 2 of the advocates act, 25 of . 3 any order made by the competent authority under subsection 2 shall be final. 1. subs. by act 41 of , s. 4, for certain words, brackets and figures w.e.f. . 2. ins. by s. 4, ibid. w.e.f. .

section 7. of the metro railways construction of works act : 1 on receipt of an application under section 6, the central government, after being satisfied that the requirement mentioned therein is for a public purpose may, by notification in the official gazette, declare its intention to acquire the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein referred to in the application. 2 every notification under subsection 1 shall give a brief description of the land, building, street, road or passage. 3 the competent authority shall cause the substance of the notification to be published in such places and in such manner as may be prescribed.

section 14. of the metro railways construction of works act : 1 the amount determined 1 under section 13 shall be deposited by the central government in such manner as may be prescribed with the competent authority 2within such time as may be fixed by that authority. 2 as soon as may be after the amount has been deposited under subsection 1, the competent authority shall on behalf of the central government pay the amount to the person or persons entitled thereto: 3provided that where an appeal has been or is likely to be preferred under section 13 against the order by which such amount was determined and the competent authority is satisfied for reasons to be recorded in writing that it is necessary or expedient so to do, he may by order in writing a require the person claiming payment of such amount to furnish as a condition of receiving such payment such security as may be specified in the order or b if such person fails to furnish such security, withhold the payment of the whole or any part of such amount for such period as may be specified in the order. 3 where several persons claim to be interested in the amount deposited under subsection 1, the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. 4 if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land, building, street, road or passage is situated. 5 where the amount determined under section 13 by the 4appellate authority is in excess of the amount determined by the competent authority, the 4appellate authority may award interest at six per cent. per annum on such excess amount from the date of taking possession under section 11 till the date of the actual deposit thereof. 6 where the amount determined by the 4appellate authority is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under subsection 5 shall be deposited by the central government in such manner as may be prescribed with the competent authority and the provisions of subsections 2 to 4 shall apply to such deposit. 1. the words by the competent authority omitted by s. 7, ibid, w.e.f. . 2. subs. by s. 7, ibid., for before taking possession of the land, building, street, road or passage w.e.f. . 3. proviso added by s. 7, ibid. w.e.f. . 4. subs. by act 41 of , s. 2, for arbitrator w.e.f. .

section 11. of the metro railways construction of works act : 1 1where any land, building, street, road or passage has vested under subsection 2 of section 10 and the amount determined by the competent authority under section 13 with respect to such land, building, street, road or passage has been deposited, under subsection 1 of section 14, with the competent authority by the central government, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land, building, street, road or passage to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice. 2 if any person refuses or fails to comply with any direction made under subsection 1, the competent authority shall apply, a in the case of any land, building, street, road or passage situated in any area falling within the presidencytown of bombay, calcutta or madras, to the commissioner of police b in the ease of any land, building, street, road or passage situated in any area other than the area referred to in clause a, to the executive magistrate, and such commissioner or magistrate, as the case may be, shall enforce the surrender of the land, building, street, road or passage to the competent authority or to the person duly authorised by it. 1. subs. by act 41 of , s. 5, for certain words, brackets and figures w.e.f. .

section 10. of the metro railways construction of works act : 1 where no objection under subsection 1 of section 9 has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under subsection 2 of that section, the competent authority shall, as soon as may be, submit a report accordingly to the central government and on receipt of such report, the central government shall declare, by notification in the official gazette, that the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein for laying the metro railway should be acquired. 2 on the publication of the declaration under subsection 1, the land, building, street, road or passage, or the right of user, or the right in the nature of easement, therein shall vest absolutely in the central government free from all encumbrances. 3 where in respect of any land, building, street, road or passage, a notification has been published under subsection 1 of section 7 either for its acquisition or for the acquisition of the right of user, or any right in the nature of easement, therein, but no declaration under this section has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect: 1provided that in computing the said period of one year, the period or periods during which any action or proceeding to be taken in pursuance of the notification issued under subsection 1 of section 7 including any such action or proceeding pending immediately before the commencement of the metro railways construction of works amendment act, 42 of is stayed by an order of a court, whether granted before or after such commencement, shall be excluded. 4 a declaration made by the central government under subsection 1 shall not be called in question in any court or by any other authority. 1. proviso added by act 42 of , s. 2 w.e.f. .

section 16a. of the metro railways construction of works act : 116a. powers of the appellate authority.1 the appellate authority may admit an appeal filed after the expiry of the period referred to in section 13 or section 22 or section 25, as the case may be, if he is satisfied that there was sufficient cause for not presenting it within that period. 2 for the disposal of an appeal under this act, the appellate authority shall have the same powers including the powers under sections 15 and 15a, and shall, subject to the provisions of this section, perform as nearly as may be the same duties as are conferred or imposed by this act on the competent authority in respect of the matters under chapter iii and chapter iv. 3 the appellate authority may, if he thinks it expedient so to do, call in his aid one or more assessors and hear the appeal wholly or partly with the aid of such assessors. 4 for the purpose of determining the amount under any appeal before him, the appellate authority may, after making such further enquiry or after taking such additional evidence, as may be necessary, pass such order as he thinks fit, determining the amount, by confirming, modifying or annulling the order appealed against. 5 an order of the appellate authority determining the amount under this act shall be final. 1. ins. by act 41 of , s. 10 w.e.f. .

section 13. of the metro railways construction of works act : 1 where any land, building, street, road or passage is acquired under this act, there shall be paid an amount which shall be determined 1by an order of the competent authority. 2 where the right of user in, or any right in the nature of an easement on, any land, building, street, road or passage is acquired under this act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land, building, street, road or passage has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under subsection 1 for that land, building, street, road or passage. 22a before proceeding to determine the amount under subsection 1 or subsection 2, the competent authority shall give a public notice published in the prescribed manner inviting claims from all persons interested in the land, building, street, road or passage, or the right of user or the right in the nature of easement therein to be acquired. 2b such notice shall state the particulars of the land, building, street, road or passage acquired, or the right of user or the right in the nature of easement therein acquired and shall require all persons interested in such land, building, street, road or passage or right of user or right in the nature of easement therein, to appear in person, or by an agent or by a legal practitioner referred to in subsection 2 of section 9, before the competent authority, at a time and place therein mentioned such time not being earlier than fifteen days after the date of the publication of the notice and to state the nature of their respective interests in such land, building, street, road or passage or right of user or right in the nature of easement therein. 3 if the amount determined by the competent authority under subsection 1 or subsection 2 is not acceptable to either of the parties the amount shall, 3on an appeal preferred by either of the parties to the appellate authority, within a period of sixty days from the date of the order appealed against, be determined by an order of the appellate authority. 4 the competent authority or the 4appellate authority while determining the amount under subsection 1 or subsection 3, as the case may be, shall take into consideration a the market value of the land, building, street, road or passage on the date of publication of the notification under section 7 b the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land c the damage, if any, sustained by the person interested at the time of taking possession of the land, building, street, road or passage by reason of the acquisition injuriously affecting his other immovable property in any other manner, or his earnings d if, in consequence of the acquisition of the land, building, street, road or passage, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. 1. subs. by s. 6, ibid., for by the competent authority w.e.f. . 2. ins. by s. 6, ibid. w.e.f. . 3. subs. by act 41 of , s. 6, for on an application by either of the parties, to the arbitrator, be determines by the arbitrator w.e.f. . 4. subs. by s. 2, ibid., for arbitrator w.e.f. .

section 15. of the metro railways construction of works act : the competent authority shall have, for the purposes of this act, all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commission for examination of witnesses.

section 15a. of the metro railways construction of works act : 115a. power to inspect property under acquisition.the competent authority may, with or without assistants or workmen, enter into or upon any land, building, street, road or passage, for the purpose of performing his functions under this act and make such enquiry, inspection, measurement and take such photographs and prepare such memorandum thereof as he may consider necessary: provided that i no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to a the owner of, or the person interested in, the land, building, street, road or passage or b the person whose right of user in or right in the nature of easement on the land, building, street, road or passage is acquired or c the person who sustains any loss or damage to the land, building, street, road or passage in consequence of any direction given by the central government or any power exercised by the metro railway administration under this act ii sufficient opportunity shall in every instance be given to enable women, if any, to withdraw from such land, building, street, road or passage iii due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the person to whom notice as aforesaid is given iv the competent authority making the entry shall cause as little damage or injury as possible, to the land, building, street, road or passage. 1. ins. by s. 8, ibid. w.e.f. .

section 16. of the metro railways construction of works act : 116. competent authority and appellate authority.1 for every metro railway, the central government shall, for the purposes of this act, by notification in the official gazette, appoint i a competent authority and ii an appellate authority, for such area as may be specified in the notification. 2 a person shall not be qualified for appointment as a competent authority unless he is holding, or has held, a judicial office, not lower in rank than that of a subordinate judge. 3 a person shall not be qualified for appointment as an appellate authority unless he is holding, or has held, a judicial office, not lower in rank than that of a district judge. explanation.for the purpose of this section, a district judge includes an additional district judge b subordinate judge means subordinate judge in the judicial service of west bengal, and includes any judicial officer by whatever name called of an equivalent rank in the judicial service of any other state. 1. subs. by s. 9, ibid., for section 16 w.e.f. .

section 19. of the metro railways construction of works act : 1 the metro railway administration shall, for the purpose of 1performing its functions under section 18 have power a to enter into contracts and leases and to execute all instruments necessary therefor b to make such number of rail tracks as the central government may think necessary upon, under, along or across any land, canal, river, street or road on or in the metro alignment and all other works and conveniences in connection therewith c 2to open, divert or temporarily close, as the case may be, any street, road, cable, trench, drain including a sewer, channel, ditch, culvert or any other device whether for carrying of sullage, sewage, offensive matter, polluted water, trade effluent, rain water, subsoil water or any other object, electric or gas supply line or telecommunication line, or telegraph installation, over, across or under any land, building, street, road, railway or tramway d to burrow tunnels e to lay down signalling and other communication facilities, electric substations, supply lines and other works f to regulate drilling of tubewells or sinking of wells, public or private, in the proximate vicinity of the metro alignment g to do all other things necessary or expedient for the exercise of any of the aforesaid powers. 2 while exercising any powers under subsection 1, the metro railway administration shall take such precautionary measures as are necessary, shall do as little damage as possible and shall be liable only for the damage or cost actually suffered or incurred by any person as a result of the exercise of such powers. 1. subs. by act 41 of , s. 11, for certain words w.e.f. . 2. subs. by s. 11, ibid., for to open or divert w.e.f. .

section 16b., to have certain inherent powers. of the metro railways construction of works act : 116b. competent authority, etc., to have certain inherent powers.the competent authority and the appellate authority may exercise powers of the nature referred to in section 151 of the code of civil procedure, 5 of , to the same extent and for the same purposes as such powers are exercisable by civil courts. 1. ins. by act 41 of , s. 10 w.e.f. .

section 22. of the metro railways construction of works act : 1 if in consequence of any direction contained in any notification issued under subsection 1 of section 21 any person sustains any loss or damage, such person shall be paid an amount which shall be determined 1by an order of the competent authority in the first instance. 2 if the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, 2on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority. 3 the competent authority or the 3appellate authority, while determining the amount under subsection 1 or subsection 2, as the case may be, shall take into consideration i the loss or damage sustained by such person in his earnings ii the diminution, if any, of the market value of the land or building immediately after the date of publication of such notification iii where in pursuance of any direction any building has been demolished or any additions or alterations to such building have been made or any development has been desisted by such person, the damage sustained by him in consequence of such demolition or the making of such additions or alterations or the desisting from making such development and the expenses incurred by such person for such demolition or additions or alterations: provided that the expenses incurred for such demolition or additions or alterations shall not be taken into consideration if such demolition or additions or alterations has or have been done by the metro railway administration under subsection 2 of section 36 iv if any such person is compelled to change his residence or place of business the reasonable expenses, if any, that may have to be incurred by him incidental to such change. 1. subs. by act 41 of , s. 13, for by the competent authority w.e.f. . 2. subs by s. 13, ibid., for certain words w.e.f. . 3. subs. by act 41 of , s. 2, for arbitrator w.e.f. .

section 16c. of the metro railways construction of works act : 116c. enforcement of the orders of the competent authority and appellate authority.1 any order made by the competent authority or the appellate authority determining any amount payable under this act may be enforced in the same manner as if such order were a decree made by a civil court in a suit pending therein, and it shall be lawful for such authority to send, in the case of his inability to execute, such order, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the order was made. 2 where any order under subsection 1 is required to be enforced by the principal civil court of original jurisdiction, a certified copy of the order shall be produced to the proper officer of the court required to enforce the order. 3 the production of such certified copy shall be sufficient evidence of the order. 4 upon the production of such certified copy, the principal civil court of original jurisdiction shall take the requisite steps for enforcing the order, in the same manner as if it had been a decree made by itself. 1. ins. by act 41 of , s. 10 w.e.f. .

section 24. of the metro railways construction of works act : 1 with a view to making survey, or to ascertaining the nature or condition, of any land or building for the purpose of construction of any metro railway or any other work connected therewith, the metro railway administration or any person authorised by that administration may, at any reasonable hour in the day time and after giving reasonable notice to the owner or occupier of such land or building, enter upon or into such land or building in, along, over or near the metro alignment to a inspect the same b make measurements and drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the metro alignment c take such other measures as the said administration deems necessary and proper. 2 without prejudice to the powers conferred on it under section 19, the metro railway administration may, by writing, request any person or body of persons controlling any sewer, storm water drain, pipe, wire or cable to carry out at the expense of the metro railway administration any alterations thereto which that administration is authorised or may be required to carry out to meet any particular situation for carrying out the purposes of this act. 3 if any difference or dispute arises between the metro railway administration and the person or body of persons referred to in subsection 2 in relation to any such alterations or the cost thereof, such difference or dispute shall be determined by the central government in consultation wherever necessary with the state government and the decision of the central government in this regard shall not be called in question in any court.

section 18. of the metro railways construction of works act : subject to the control of the central government, the metro railway administration shall, for the purpose of constructing any metro railway or any other work connected therewith, a make or construct in, upon, across, under or over any lands, buildings, streets, roads, railways or tramways or any rivers, canals, brooks, streams or other waters or any drains, waterpipes, gaspipes, electric lines or telegraph lines, such temporary or permanent inclined planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages, as the metro railway administration thinks proper b alter the course of any rivers, canals, brooks, streams or watercourses for the purpose of constructing tunnels, passages or other works over or under them and divert or alter as well temporarily as permanently, the course of any rivers, canals, brooks, streams or watercourses or any drains, waterpipes, gaspipes, electric lines or telegraph lines or raise or sink the level thereof in order the more conveniently to carry them over or under, as the metro railway administration thinks proper c make drains or conduits into, through or under, any lands adjoining the metro railway for the purpose of conveying water from or to the metro railway d erect or construct search houses, warehouses, offices and other buildings and such yards, stations, engines, machinery, apparatus and other works and conveniences, as the metro railway administration thinks proper e alter, repair or discontinue such buildings, works and conveniences as aforesaid or any of them, and substitute others in their stead f draw, make or conduct such maps, plans, surveys or tests, as the metro railway administration thinks proper g do all other acts necessary for making, maintaining, altering or repairing and using the metro railway.

section 21. of the metro railways construction of works act : 1 if the central government is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, by notification in the official gazette, a direct that no building or any such development as may be specified in the notification shall be constructed or made above the metro alignment or on any land within such distance, not exceeding 1twenty metres on either side of the metro alignment, as may be specified in the notification and where there is any building on such land also direct the owner of, or the person having control over, such building to demolish such building or to make such additions or alterations to such building as may be specified in the notification or to desist from making any such development and within such period as may be specified in the notification b direct temporary evacuation of all persons together with any movable property or animal that may be in the custody, control or possession of such persons from any building situated above the metro alignment or in any area within a distance not exceeding twenty metres on either side of such alignment and within such period as may be specified in the notification: provided that before issuing any notification under this clause, the central government shall provide every such person temporarily with alternative accommodation, which in its opinion is suitable, free of cost, or an amount, which in its opinion is sufficient, to procure a temporary alternative accommodation. 2 where any property is needed or likely to be needed for providing any alternative accommodation under the proviso to clause b of subsection 1, such property shall be deemed to be needed for a public purpose under section 3 of the requisitioning and acquisition of immovable property act, 30 of , and the competent authority under that act shall requisition the property in accordance with the provisions of that act and such provisions shall, in relation to such requisition, apply accordingly. 3 in specifying the distance under clause a of subsection 1, the central government shall have regard to a the nature and the requirement of the metro railway b the safety of the building c such other matters as may be prescribed. 4 where any notification has been issued under subsection 1 directing the owner or the person having control over any building to demolish such building or to make additions or alterations to such building or to desist from making any development specified in such notification, a copy of the notification containing such direction shall be served on the owner of, or the person having control over, such building, as the case may be, i by delivering or tendering it to such owner or person or ii if it cannot be delivered or tendered, by delivering or tendering it to the agent of such owner or person or any adult male member of the family of such owner or person or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which such owner or person is known to have last resided or carried on business or personally worked for gain or failing service by these means iii by post. 5 every person shall be bound to comply with any direction contained in any notification issued under subsection 1. 1. subs. by act 41 of , s. 12, for ten metres w.e.f. .

section 17. of the metro railways construction of works act : nothing in the land acquisition act, , shall apply to an acquisition under this act.

section 20. of the metro railways construction of works act : 1 any person who proposes to develop any land or building along or on the metro alignment shall, before commencing such development and without in any way limiting his obligation under any other act to obtain any approval or consent, submit to the metro railway administration details of the proposed development and shall comply with any conditions imposed by the metro railway administration in respect thereof. 2 the metro railway administration shall, while imposing any condition under subsection 1, have regard to a the safety of the metro railway b such other matters as may be prescribed.

section 23. of the metro railways construction of works act : 1 if the metro railway administration is of opinion that it is necessary or expedient so to do for facilitating the construction of any metro railway or for ensuring the safety of any metro railway, it may, underpin or otherwise strengthen any building within such radius not exceeding fifty metres from the metro alignment. 2 the metro railway administration shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building: provided that where the metro railway administration is satisfied that an emergency exists, no such notice shall be necessary. 3 where the underpinning or strengthening was executed in connection with a the carrying out of the works upon the land where any building is situated, or b the construction or operation of any metro railway, the metro railway administration may, at any time after the underpinning or strengthening of such building is completed and before the expiration of a period of twelve months, i in a case referred to in clause a, from the completion of such works and ii in a case referred to in clause b, from the date on which traffic was opened in the metro railway, enter upon and survey such building and do such further underpinning or strengthening thereon as it may deem necessary.

section 26. of the metro railways construction of works act : no claim in respect of any damage, loss or injury alleged to have been caused as a consequence of construction of any metro railway or any other work connected therewith under this act shall lie against the metro railway administration unless such claim is made within a period of twelve months from the date of completion of the construction of such metro railway or other work in the area in which such damage, loss or injury is caused.

section 28. of the metro railways construction of works act : subject to the control of the central government every commissioner shall have the power a to enter upon and inspect any metro railway or any rolling stock used thereon b to make any enquiry or to take any measurement as he thinks fit for the performance of his duties under this act c by an order in writing under his hand and official seal addressed to any metro railway administration, to require the attendance before him of any officer or other employee of the metro railway and to require answers or returns, to such enquiries as he thinks fit to make, from such officer or other employee or from the said administration d to require the production of any book or other documents belonging to, or in the possession or control of, any metro railway administration which it appears to him to be necessary to inspect for the performance of his duties by or under this act.

section 25. of the metro railways construction of works act : 1 where the metro railway administration exercises any power conferred on it by or under this act and in consequence thereof any damage, loss or injury is sustained by any person interested in any land, building, street, road or passage, the metro railway administration shall be liable to pay to such person for such damage, loss or injury such amount as may be determined by the competent authority. 2 if the amount determined by the competent authority under subsection 1 is not acceptable to either of the parties, the amount payable shall, 1on an appeal preferred by either of the parties, within sixty days from the date of the order of the competent authority, to the appellate authority, be determined by an order of the appellate authority. 3 the competent authority or the 2appellate authority while determining the amount under subsection 1 or subsection 2, as the case may be, shall have due regard to the damage, loss or injury sustained by any person interested in the land, building, street, road or passage by reason of i the removal of trees or standing crops, if any ii the temporary severance of the land, building, street, road or passage iii any injury to any other property whether movable or immovable. 34 the procedure and the manner of deposit and payment of the amount payable for acquiring any land, building, street, road or passage or any right of user in or any right in the nature of easement on any land, building, street, road or passage shall be followed in the case of the procedure and the manner of deposit and payment of the amount determined by the competent authority or the appellate authority under this section. 1. subs. by act 41 of , s. 14, for certain words w.e.f. . 2. subs. by s. 2, ibid., for arbitrator w.e.f. . 3. ins. by act 41 of , s. 14 w.e.f. .

section 27. of the metro railways construction of works act : 1 the central government may appoint as many persons as it thinks fit by name or by virtue of their office to be commissioners of metro railway. 2 every commissioner shall a inspect the metro railway with a view to determining whether it is fit to be opened for public carriage of passengers and report thereon to the central government b make such periodical or other inspections of any metro railway or of any rolling stock used thereon as the central government may direct c perform such other duties as may be imposed on him by or under this act or any other enactment for the time being in force relating to railways or required by the central government.

section 29. of the metro railways construction of works act : every metro railway administration shall afford to every commissioner all reasonable facilities for performing the duties or exercising the powers imposed or conferred upon him by or under this act.

section 33. of the metro railways construction of works act : no person shall, without any reasonable cause or excuse, obstruct any person with whom the metro railway administration has entered into a contract, in the performance or execution by such person of such contract.

section 32. of the metro railways construction of works act : show related subordinates 1 the central government may, by notification in the official gazette, a add to the schedule the metro alignment in respect of a 1 metropolitan city, metropolitan area and the national capital region to which this act is made applicable under subsection 3 of section 1 b alter any metro alignment specified in the schedule if it is of opinion that such alteration is necessary for the construction and maintenance of the metro railway to which such alignment relates. 2 every notification issued under subsection 1 shall, as soon as may be after it is issued, be laid before each house of parliament. 1 subs. by act 34 of , s. 3, for metropolitan city w.e.f. .

section 36. of the metro railways construction of works act : 1 if any person wilfully fails to comply with any direction contained in any notification issued under section 21, he shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 2 without prejudice to the provisions of subsection 1, if any person fails to demolish any building or make additions or alterations thereto in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, then, subject to such rules as the central government may make in this behalf, it shall be competent for any officer authorised by the metro railway administration in this behalf to demolish such building or make necessary additions or alterations thereto. 1 2a without prejudice to the provisions of subsection 1, if any person fails to vacate temporarily any building together with any movable property or animal that may be in his custody, control or possession in pursuance of any direction contained in any notification issued under section 21 within the period specified in the notification, the competent authority may enforce the direction of temporary evacuation physically by taking such police help, as may be considered by him necessary, and for this purpose the provisions of subsection 2 of section 11 shall, as far as may be, apply. 1 ins. by act 41 of , s. 15 w.e.f. .

section 30. of the metro railways construction of works act : every metro railway administration may, with the previous approval of the central government, sell or otherwise dispose of any land vested in the central government under the provisions of this act when such land is no longer required for the purposes of the metro railway.

section 31. of the metro railways construction of works act : 1 if any accident occurs during the construction of any metro railway or at any stage subsequent thereto as a consequence of such construction and the accident results in, or is likely to have resulted in, loss of human being or animal or damage to any property, it shall be the duty of the metro railway administration to give notice to the central government of the occurrence of any such loss or damage in such form and within such time as may be prescribed. 2 on receipt of a notice under subsection 1, the central government may, if it thinks fit, appoint a commission to enquire into the accident and report as to a the cause of such accident b the manner in which and the extent to which the provisions of this act or any other act for the time being in force in so far as those provisions regulate and govern the safety of any person, animal or property, have been complied with. 3 the commission appointed under subsection 2, while holding an enquiry, shall have all the powers of a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery or production of any document c reception of evidence on affidavits d requisitioning any public record from any court or office e issuing commission for examination of witnesses.

section 34. of the metro railways construction of works act : every local authority shall render such help and assistance and furnish such information to the metro railway administration as that administration may require for discharging its functions and shall make available to the said administration for inspection and examination such records, maps, plans and other documents as may be necessary for the discharge of such functions.

section 35. of the metro railways construction of works act : no person shall remove any marks placed or fill up any trench cut for the purpose of marking levels, boundaries or lines by the metro railway administration.

section 37. of the metro railways construction of works act : whoever contravenes any provision of this act or of any rule made thereunder shall, if no other penalty is provided for such contravention elsewhere in this act or the rules, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 40., inconsistent with other enactments. of the metro railways construction of works act : the provisions of this act or any rule made or any notification issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 39. of the metro railways construction of works act : no suit or application for injunction shall lie in any court against the central government or the metro railway administration or any officer or other employee of that government or the metro railway or any person working for or on behalf of the metro railway administration, in respect of any work done or purported to have been done or intended to be done by it or the said administration or such officer or other employee or such person in connection with the construction of any metro railway or any other work connected therewith.

section 44. of the metro railways construction of works act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely: a the times and places at which the advisory board shall meet and the procedure in regard to transaction of business by the advisory board under subsection 5 of section 4 b the term of office of the members of the advisory board under subsection 6 of section 4 c the times and places at which the committees shall meet and the procedure in regard to transaction of business by the committees under subsection 2 of section 5 d the payment of fees, allowances and travelling allowances to the members of the committee under subsection 3 of section 5 e the form in which an application for acquisition shall be made under section 6 f the places at which and the manner in which the substance of the notification shall be published under subsection 3 of section 7 g the manner in which the amount shall be deposited with the competent authority under subsections 1 and 6 of section 14 h the matters to be specified under clause b of subsection 2 of section 20 i the matters to be specified under clause c of subsection 3 of section 21 j the form in which and the time within which a notice shall be given under subsection 1 of section 31 k any other matter which is required to be or may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 38. of the metro railways construction of works act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 41. of the metro railways construction of works act : 1 no suit, prosecution or other legal proceeding shall lie against the central government, the metro railway administration or any officer or other employee of that government or the metro railway for anything which is in good faith done or intended to be done under this act. 2 no suit, prosecution or other legal proceeding shall lie against the central government or the metro railway administration or any officer or other employee of that government or the metro railway for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 45. of the metro railways construction of works act : notwithstanding anything contained in this act any proceeding, for the acquisition of any land, under the land acquisition act, 1 of , for the purpose of any metro railway, pending immediately before the commencement of this act before any court or other authority shall be continued and be disposed of under that act as if this act had not come into force.

section 42. of the metro railways construction of works act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, do anything not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpose of removing the difficulty: provided that no such order shall, in relation to any metropolitan city, be made after the expiry of a period of two years from the date on which this act applies or is made applicable to such metropolitan city under subsection 3 of section 1.

section 43. of the metro railways construction of works act : save as otherwise provided in this act, the provisions of this act shall be in addition to, and not in derogation of, the indian railways act, 9 of .

section 8. of the border security force act : show related subordinates no member of the force shall be at liberty, a to resign his appointment during the term of his engagement or b to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

section 1. of the border security force act : 1 this act may be called the border security force act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st march, , vide notification no. s.o. 732e, dated 20th february, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the border security force act : show related subordinates 1 in this act, unless the context otherwise requires, a active duty, in relation to a person subject to this act, means any duty as a member of the force during the period in which such person is attached to, or forms part of, a unit of the force i which is engaged in operations against an enemy, or ii which is operating at a picket or engaged on patrol or other guard duty along the borders of india, and includes duty by such person during any period declared by the central government by notification in the official gazette as a period of active duty with reference to any area in which any person or class of persons subject to this act may be serving b battalion means a unit of the force constituted as a battalion by the central government c chief law officer and law officer mean, respectively, the chief law officer and a law officer of the force appointed by the central government d civil offence means an offence which is triable by a criminal court e civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of or under any other law for the time being in force f commandant, when used in any provision of this act with reference to any unit of the force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions of a commandant in regard to matters of the description referred to in that provision gcriminal court means a court of ordinary criminal justice in any part of india h deputy inspectorgeneral means a deputy inspector general of the force appointed under section 5 i directorgeneral means the directorgeneral of the force appointed under section 5 j enemy includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this act to take action k enrolled person means an underofficer or other person enrolled under this act l force means the border security force m force custody means the arrest or confinement of a member of the force according to rules n inspectorgeneral means the inspectorgeneral of the force appointed under section 5 o member of the force means an officer, a subordinate officer, an underofficer or other enrolled person p notification means a notification published in the official gazette q offence means any act or omission punishable under this act and includes a civil offence r officer means a person appointed or in pay as an officer of the force, but does not include a subordinate officer or an underofficer s prescribed means prescribed by rules made under this act t rule means a rule made under this act u security force court means a court referred to in section 64 v subordinate officer means a person appointed or in pay as a subedarmajor, a subedar or a subinspector of the force w superior officer, when used in relation to a person subject to this act, means i any member of the force to whose command such person is for the time being subject in accordance with the rules ii any officer of higher rank or class or of a higher grade in the same class and includes when such person is not an officer, a subordinate officer or an underofficer of higher rank, class or grade: x underofficer means a head constable, naik and lance naik of the force y all words and expressions used and not defined in this act but defined in the indian penal code 45 of shall have the meanings assigned to them in that code. 2 in this act, references to any law not in force in the state of jammu and kashmir shall be construed as references to the corresponding law in force in that state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the border security force act : every member of the force shall be liable to serve in any part of india as well as outside india.

section 4. of the border security force act : show related subordinates 1 there shall be an armed force of the union called the border security force for ensuring the security of the borders of india. 2 subject to the provisions of this act, the force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the force shall be such as may be prescribed.

section 10. of the border security force act : show related subordinates subject to the provisions of this act and the rules, the central government may dismiss or remove from the service any person subject to this act.

section 3. of the border security force act : show related subordinates 1 the following persons shall be subject to this act, wherever they may be, namely: a officers and subordinate officers and b underofficers and other persons enrolled under this act. 2 every person subject to this act shall remain so subject until retired, discharged, released, removed or dismissed from the force in accordance with the provisions of this act and the rules.

section 6. of the border security force act : show related subordinates 1 the persons to be enrolled to the force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed by the central government. 2 notwithstanding anything contained in this act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this act and borne on the rolls of the force shall be deemed to have been duly enrolled.

section 13. of the border security force act : show related subordinates 1 no person subject to this act shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary artistic or scientific character or is of a prescribed nature. explanation. if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no person subject to this act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 5. of the border security force act : show related subordinates 1 the general superintendence, direction and control of the force shall vest in and be exercised by the central government and subject thereto and to the provisions of this act and the rules, the command and supervision of the force shall vest in an officer to be appointed by the central government as the directorgeneral of the force. 2 the directorgeneral shall, in the discharge of his duties under this act, be assisted by such number of inspectorsgeneral, deputy inspectorsgeneral, commandants and other officers as may be prescribed by the central government.

section 9. of the border security force act : show related subordinates every person subject to this act shall hold office during the pleasure of the president.

section 15. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so or b without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commandant or other superior officer, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 11. of the border security force act : show related subordinates 1 the directorgeneral or any inspectorgeneral may dismiss or remove from the service or reduce to a lower grade or rank or the ranks any person subject to this act other than an officer. 2 an officer not below the rank of deputy inspectorgeneral or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks is may be prescribed. 3 any such officer as is mentioned in subsection 2 may reduce to a lower grade or rank or the ranks any person under his command except an officer or a subordinate officer. 4 the exercise of any power under this section shall be subject to the provisions of this act and the rules.

section 12. of the border security force act : a subordinate officer, or an underofficer or other enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in hindi or english language setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the force.

section 14. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend or b intentionally uses any means to compel or induce any person subject to this act or to military, naval or air force law to abstain from acting against the enemy or to discourage such person from acting against the enemy or c in the presence of the enemy shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice or d treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the union or e directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies or in any other manner whatsoever or f in time of active operation against the enemy, intentionally occasions a fase alarm in action, camp, quarters, or spreads or causes to be spread reports calculated to create alarm or despondency or g in time of action leaves his commandant or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave or h having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy or i knowingly harbours or protects an enemy not being a prisoner or j being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated or k knowingly does any act calculated to imperil the success of the force or the military, naval or air forces of india or any forces cooperating therewith or any part of such forces, shall, on conviction by a security force court, be liable to suffer death or such less punishment as is in this act mentioned.

section 18. of the border security force act : show related subordinates 1 any person subject to this act who deserts or attempts to desert the service shall, on conviction by a security force court, a if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this act mentioned and b if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act who knowingly harbours any such deserter shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 3 any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 21. of the border security force act : show related subordinates 1 any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by a security force court, a if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 16. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a forces a safeguard, or forces or uses criminal force to a sentry or b breaks into any house or other place in search of plunder or c being a sentry sleeps upon his post, or is intoxicated or d without orders from his superior officer leaves his guard, picket, patrol or post or e intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency or f makes known the parole, watchword or countersign to any person not entitled to receive it or knowingly gives a parole, watchword or countersign different from what he received, shall, on conviction by a security force court, a if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 22. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer or b uses criminal force to, or assaults any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer or c resists an escort whose duty it is to apprehend him or to have him in charge or d breaks out of barracks, camp or quarters or e neglects to obey any general, local or other order or f impedes the force police referred to in section 63 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a force police or any person lawfully acting on his behalf, shall on conviction by a security force court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses d and e, to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentioned.

section 17. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes or conspires with any other person to cause any mutiny in the force or in the military, naval or air forces of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commandant or other superior officer or e endeavours to seduce any person in the force or in the military, naval or air forces of india or any forces cooperating therewith from his duty or allegiance to the union, shall, on conviction by a security force court, be liable to suffer death or such less punishment as is in this act mentioned.

section 19. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a absents himself without leave or b without sufficient cause overstays leave granted to him or c being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the force, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay or d without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty or e when on parade, or on the line of march, without sufficient cause without leave from his superior officer, quits the parade or line of march or f when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer or g without leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 20. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer shall, on conviction by a security force court, a if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of any offence specified in clause c, the imprisonment shall not exceed five years

section 23. of the border security force act : show related subordinates any person having become subject to this act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 24. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 30. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government, or to any force mess, band or institution, or to any person subject to this act or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or injures any property of the government entrusted to him or f does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 25. of the border security force act : any officer, subordinate officer or underofficer, who uses criminal force to or otherwise illtreats any person subject to this act, being his subordinate in rank or position, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 31. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a commits extortion or b without proper authority exacts from any person money, provisions or service, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 26. of the border security force act : any person subject to this act who is found in a state of intoxication, whether on duty or not, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned.

section 27. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a when in command of a guard, picket, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed or b wilfully or without reasonable excuse allows to escape any person who is committed to his charge,or whom it is his duty to keep or guard, shall, on conviction by a security force court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 28. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation or b having committed a person to force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within fortyeight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this act mentioned.

section 29. of the border security force act : show related subordinates any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 32. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him or b loses by neglect anything mentioned in clause a or c sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause a, to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this act mentioned

section 33. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a destroys or injures any property mentioned in clause a of section 32, or any property belonging to any force mess, band or institution, or to any person subject to this act or b commits any act which causes damage to, or destruction of, any property of the government by fire or c kills, injures, makes away with, illtreats or loses any, animal entrusted to him, shall, on conviction by a security force court, be liable, if he has acted wilfully to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 39. of the border security force act : any officer, subordinate officer or an underofficer who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 34. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint against any person subject to this act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 35. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 36. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the government fraudulently leaves in blank any material part for which his signature is a voucher or b refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 38. of the border security force act : show related subordinates any person subject to this act who, having been duly sworn or affirmed before any security force court or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 37. of the border security force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a security force court, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a security force court to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a security force court to be produced or delivered by him or d refuses, when a witness, to answer any question which he is by law bound to answer or e is guilty of contempt of the security force court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 45. of the border security force act : any person subject to this act who abets the commission of any of the offences specified in sections 14 to 41 both inclusive and punishable with imprisonment shall, on conviction by a security force court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 40. of the border security force act : any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and discipline of the force shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 41. of the border security force act : any person subject to this act who commits any of the following offences, that is to say, a being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority or b by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the religious feelings of, any person or c attempts to commit suicide, and in such attempt does any act towards the commission of such offence or d being below the rank of subordinate officer, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town or bazaar, carrying a rifle, sword or other offensive weapon or e directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service or f commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by a security force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 42. of the border security force act : any person subject to this act who attempts to commit any of the offences specified in sections 14 to 41 both inclusive and in such attempt does any act towards the commission of the offence shall, on conviction by a security force court, where no express provision is made by this act for the punishment of such attempt, be liable, a if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 47. of the border security force act : a person subject to this act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be guilty of an offence against this act and shall not be tried by a security force court, unless he commits any of the said offences, a while on active duty or b at any place outside india or c at any place specified by the central government by notification in this behalf.

section 43. of the border security force act : any person subject to this act who abets the commission of any of the offences specified in sections 14 to 41 both inclusive shall, on conviction by a security force court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned.

section 44. of the border security force act : any person subject to this act who abets the commission of any of the offences punishable with death under sections 14, 17 and subsection 1 of section 18 shall, on conviction by a security force court, if that offence be not committed on consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 46. of the border security force act : show related subordinates subject to the provisions of section 47, any person subject to this act who at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a security force court and, on conviction, be punishable as follows, that is to say, a if the offence is one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned and b in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.

section 48. of the border security force act : show related subordinates 1 punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by security force courts according to the scale following, that is to say, a death b imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in force custody c dismissal from the service d imprisonment for a term not exceeding three months in force custody e reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of an underofficer f forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion g forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose h fine, in respect of civil offences i severe reprimand or reprimand except in the case of persons below the rank of an underofficer j forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty k forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal l stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good. 2 each of the punishments specified in subsection 1 shall be deemed to be inferior in degree to every punishment preceding it in the above scale.

section 49. of the border security force act : subject to the provisions of this act, a security force court may, on convicting a person subject to this act of any of the offences specified in sections 14 to 45 both inclusive award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu thereof, any one of the punishments lower in the scale set out in section 48 regard being had to the nature and degree of the offence

section 55. of the border security force act : show related subordinates 1 an officer not below the rank of the deputy inspectorgeneral or such other officer as is, with the consent of the central government, specified by the directorgeneral may, in the prescribed manner, proceed against a person of or below the rank of a subordinate officer who is charged with an offence under this act and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a security force court b severe reprimand or reprimand c stoppage of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good. 2 in every case in which punishment has been awarded under subsection 1, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.

section 50. of the border security force act : a sentence of a security force court may award in addition to, or without any one other punishment, the punishment specified in clause c of subsection 1 of section 48, and any one or more of the punishments specified in clauses e to l both inclusive of that subsection.

section 51. of the border security force act : when on active duty any enrolled person has been sentenced by a security force court to dismissal or to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment if any.

section 52. of the border security force act : punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of a security force court in the manner stated in sections 53 and 55.

section 53. of the border security force act : show related subordinates subject to the provisions of section 54, a commandant or such other officer as is, with the consent of central government, specified by the directorgeneral may, in the prescribed manner, proceed against a person subject to this act, otherwise than as an officer or a subordinate officer, who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say, a imprisonment in force custody up to twentyeight days b detention upto twentyeight days c confinement to the lines up to twentyeight days d extra guards or duties e deprivation of any special position or special emoluments or any acting rank or reduction to a lower grade of pay f forfeiture of good service and good conduct pay g severe reprimand or reprimand h fine up to fourteen days pay in any one month i deductions from his pay of any sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the central government, or to any building or property as may be awarded by his commandant.

section 54. of the border security force act : 1 in the case of an award of two or more of the punishments specified in clauses a, b, c and d of section 53, the punishments specified in clause c or clause d shall take effect only at the end of the punishment specified in clause a or clause b. 2 when two or more of the punishments specified in the said clauses a, b and c are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days. 3 the punishments specified in the said clauses a, b and c shall not be awarded to any person who is of the rank of an underofficer or was, at the time of committing the offence for which he is punished, of such rank. 4 the punishment specified in clause g of section 53 shall not be awarded to any person below the rank of an underofficer.

section 56. of the border security force act : show related subordinates 1 whenever any weapon or part of a weapon, or ammunition, forming part of the equipment of a unit of the force, is lost or stolen, an officer not below the rank of the commandant of a battalion may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine upon the subordinate officers, underofficers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. 2 such fine shall be assessed as a percentage on the pay of the individuals on whom it falls.

section 62. of the border security force act : show related subordinates 1 when any person subject to this act has been absent from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be appointed by such authority and in such manner as may be prescribed and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commandant of the unit to which the person belongs shall make a record thereof in the prescribed manner. 2 if the person declared absent does not afterwards surrender or is not apprehended, he shall for the purposes of this act, be deemed to be a deserter.

section 57. of the border security force act : 1 any person subject to this act who is charged with an offence may be taken into force custody, under the order of any superior officer. 2 notwithstanding anything contained in subsection 1, an officer may order into force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.

section 58. of the border security force act : show related subordinates 1 it shall be the duty of every commandant to take care that a person under his command when charged with an offence is not detained in custody for more than fortyeight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. 2 the case of every person being detained in custody beyond a period of fortyeight hours, and the reasons therefore, shall be reported by the commandant to the deputy inspectorgeneral under whom he is serving or such other officer to whom an application may be made to convene a security force court for the trial of the person charged. 3 in reckoning the period of fortyeight hours specified in subsection 1, sundays and other public holidays shall be excluded. 4 subject to the provisions of the act, central government may make rules providing for the manner in which and the period for which any person subject to this act may be taken into and detained in force custody, pending the trial by any competent authority for any offence committed by him.

section 59. of the border security force act : show related subordinates in every case where any such person as is mentioned in section 57 and as is not on active duty, remains in such custody for a longer period then eight days without a security force court for his trial being convened, a special report giving reasons for the delay shall be made by his commandant in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a security force court is convened or such person is released from custody.

section 60. of the border security force act : whenever any person subject to this act, who is accused of an offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to force custody of such person upon receipt of a written application to that effect signed by his commandant or an officer authorised by the commandant in that behalf.

section 64. of the border security force act : for the purposes of this act there shall be three kinds of security force courts, that is to say, a general security force courts b petty security force courts and c summary security force courts.

section 61. of the border security force act : 1 whenever any person subject to this act deserts, the commandant of the unit to which he belongs, shall give information of the desertion to such civil authorities as, in his opinion, may be able to the afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into force custody. 2 any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.

section 63. of the border security force act : 1 the directorgeneral or any prescribed officer may appoint persons in this act referred to as force police for discharging the functions specified in subsections 2 and 3. 2 the duties of a person appointed under subsection 1, are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to, the force. 3 notwithstanding anything contained in section 57, a person appointed under subsection 1 may, at any time, arrest and detain for trial any person subject to this act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a security force court or by an officer exercising authority under section 53 but shall not inflict any punishment on his own authority: provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

section 65. of the border security force act : a general security force court may be convened by the central government or the directorgeneral or by any officer empowered in this behalf by warrant of the directorgeneral.

section 66. of the border security force act : a petty security force court may be convened by an officer having power to convene a general security force court or by an officer empowered in this behalf by warrant or any such officer.

section 72. of the border security force act : a general security force court shall have the power to try any person subject to this act for any offence punishable thereunder and to pass any sentence authorised thereby.

section 67. of the border security force act : a warrant, issued under section 65 or section 66 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

section 73. of the border security force act : a petty security force court shall have power to try any person subject to this act other than an officer or subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this act other than a sentence of death, or imprisonment for a term exceeding two years.

section 68. of the border security force act : a general security force court shall consist of not less than five officers, each of whom has held the post of deputy superintendent of police for not less than three whole years and of whom not less than four are of a rank not below that of a confirmed deputy superintendent of police. explanation. for the purposes of this section and section 69 deputy superintendent of police includes any post of a higher rank and any post declared by central government by notification to be an equivalent post as also any post higher in rank than the post so declared

section 69. of the border security force act : a petty security force court shall consist of not less than three officers each of whom has held the post of deputy superintendent of police for not less than two whole years.

section 74. of the border security force act : show related subordinates 1 subject to the provisions of subsection 2, a summary security force court may try any offence punishable under this act. 2 when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a petty security force court for the trial of the alleged offender, an officer holding a summary security force court shall not try without such reference any offence punishable under any of the sections 14, 17 and 46 of this act, or any offence against the officer holding the court. 3 a summary security force court may try any person subject to this act and under the command of the officer holding the court, except an officer, or a subordinate officer. 4 a summary security force court may pass any sentence which may be passed under this act except the sentence of death or of imprisonment for a term exceeding the limit specified in subsection 5. 5 the limit referred to in subsection 4 shall be, a one year, if the officer holding the security force court has held either the post of superintendent of police or a post declared by the central government by notification to be equivalent thereto, for a period of not less than three years or holds a post of higher rank than either of the said post and b three months, in any other case.

section 70. of the border security force act : 1 a summary security force court may be held by the cornandant of any unit of the force and he alone shall constitute the court. 2 the proceedings shall be attended throughout by two other persons who shall be officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed.

section 71. of the border security force act : show related subordinates 1 if a security force court after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolved. 2 if, on account of the illness of the law officer or of the accused before the finding, it is impossible to continue the trial, a security force court shall be dissolved. 3 the officer who convened a security force court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said security force court. 4 where a security force court is dissolved under this section, the accused may be tried again.

section 82. of the border security force act : at every general security force court or petty security force court, the senior member shall be the presiding officer.

section 75. of the border security force act : show related subordinates 1 when any person subject to this act has been acquitted or convicted of an offence by a security force court or by a criminal court or has been dealt with under section 53 or under section 55, he shall not be liable to be tried again for the same offence by a security force court or dealt with under the said sections. 2 when any person, subject to this act, has been acquitted or convicted of an offence by a security force court or has been dealt with under section 53 or section 55, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts.

section 76. of the border security force act : show related subordinates no trial for an offence of desertion, other than desertion on active duty, shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any unit of the force.

section 77., of offender who ceases to be subject to this act. of the border security force act : 1 where an offence under this act had been committed by any person while subject to this act, and he has ceased to be so subject, he may be taken into and kept in force custody and tried and punished for such offence as if he continued to be so subject. 2 no such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be this act: provided that nothing contained in this subsection shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 17 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a security force court.

section 78. of the border security force act : 1 when a person subject to this act is sentenced by a security force court to imprisonment, this act shall apply to him during the term of his sentence, though he is dismissed from the force, or has otherwise ceased to be subject to this act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act. 2 when a person subject to this act is sentenced by a security force court to death, this act shall apply to him till the sentence is carried out.

section 81. of the border security force act : 1 when a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence it may, by written notice, require the officer referred to in section 80 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the central government. 2 in every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the central government whose order upon such reference shall be final.

section 79. of the border security force act : show related subordinates any person subject to this act who commits any offence against it may be tried and punished for such offence in any place whatever.

section 85. of the border security force act : 1 an oath or affirmation in the prescribed manner shall be administered to every member of every security force court and to the law officer or as the case may be the officer approved under section 83, before the commencement of the trial. 2 every person giving evidence before a security force court shall be examined after being duly sworn or affirmed in the prescribed form. 3 the provisions of subsection 2 shall not apply where the witness is a child under twelve years of age and the security force court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

section 80. of the border security force act : show related subordinates when a criminal court and a security force court have each jurisdiction in respect of an offence, it shall be in the discretion of the directorgeneral, or the inspectorgeneral or the deputy inspectorgeneral within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and, if that officer decides that they shall be instituted before a security force court, to direct that the accused person shall be detained in force custody.

section 89. of the border security force act : show related subordinates 1 the convening officer, the presiding officer of a security force court, the law officer or, as the case may be, the officer approved under section 83 or the commandant of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. 2 in the case of a witness who is subject to this act, the summons shall be sent to his commandant and such officer shall serve it upon him accordingly. 3 in the case of any other witness the summons shall be sent to the magistrate within whose jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness were required in the court of such a magistrate. 4 when a witness is required to produce any particular document of other thing in his possession or power, the summons shall describe it with reasonable precision

section 83. of the border security force act : every general security force court shall, and every petty security force court may, be attended by a law officer, or if no such officer is available, an officer approved by the chief law officer or a law officer.

section 84. of the border security force act : show related subordinates 1 at all trials by a general security force court or by a petty security force court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 2 if the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the court shall in the absence of the challenged officer decide on the objection. 3 if the objection is allowed by onehalf or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. 4 when no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

section 91. of the border security force act : 1 whenever, in the course of a trial by a security force court, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the chief law officer in order that a commission to take the evidence of such witness may be issued. 2 the chief law officer may then, if he thinks necessary, issue a commission to any district magistrate or magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 3 the magistrate or officer to whom the commission is issued, or, if he is the district magistrate, he or such magistrate of the first class as he appoints in this behalf, shall proceed to the place where the witness is, or shall summon the witness before him and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrantcases under the code of criminal procedure, 5 of . 4 when the witness resides in a tribal area or in any place outside india, the commission may be issued in the manner specified in chapter xl of the code of criminal procedure, 5 of ..

section 86. of the border security force act : 1 subject to the provisions of subsections 2 and 3, every decision of a security force court shall be passed by an absolute majority of votes and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. 2 no sentence of death shall be passed by a general security force court without the concurrence of at least twothirds of the members of the court. 3 in matters, other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

section 87. of the border security force act : show related subordinates the indian evidence act, 1 of , shall, subject to the provisions of this act, apply to all proceedings before a security force court.

section 88. of the border security force act : a security force court may take judicial notice of any matter within the general knowledge of the members as officers of the force.

section 90. of the border security force act : 1 nothing in section 89 shall be deemed to affect the operation of sections 123 and 124 of the indian evidence act, 1 of or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. 2 if any document in such custody is, in the opinion of any district magistrate, chief presidency magistrate, high court or court of sessions, wanted for the purpose of any security force court, such magistrate, or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate, or court may direct. 3 if any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause such search to be made for, and to detain such document pending the orders of any such district magistrate, chief presidency magistrate or high court or court of sessions.

section 92. of the border security force act : 1 the prosecutor and the accused person in any case in which a commission is issued under section 91 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate or officer executing the commission shall examine the witness upon such interrogatories. 2 the prosecutor and the accused person may appear before such magistrate or officer by counsel or, except in the case of an accused person in custody, in person, and may examine, crossexamine and reexamine, as the case may be, the said witness. 3 after a commission issued under section 91 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the chief law officer. 4 on receipt of a commission, and deposition returned under subsection 3, the chief law officer shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. 5 in every case in which a commission is issued under section 91, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.

section 93. of the border security force act : show related subordinates 1 a person charged before a security force court with desertion may be found guilty of attempting to desert or of being absent without leave. 2 a person charged before a security force court with attempting to desert may be found guilty of being absent without leave. 3 a person charged before a security force court with using criminal force may be found guilty of assault. 4 a person charged before a security force court with using threatening language may be found guilty of using insubordinate language. 5 a person charged before a security force court with any one of the offences specified in clauses a, b, c and d of section 30 may be found guilty of any other of these offences with which he might have been charged. 6 a person charged before a security force court with an offence punishable under section 46 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the code of criminal procedure, 5 of , were applicable. 7 a person charged before a security force court with any offence under this act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. 8 a person charged before security force court with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.

section 94. of the border security force act : in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

section 95. of the border security force act : 1 any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. 2 the enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.

section 96. of the border security force act : show related subordinates 1 a letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person from, any unit of the force, or respecting the circumstances of any person not having served in, or belonged to, any unit of the force, if purporting to be signed by or on behalf of the central government or the directorgeneral, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 2 a border security force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit, or branch of the force to which they belong. 3 where a record is made in any battalion book in pursuance of this act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the commandant or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. 4 a copy of any record in any battalion book purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. 5 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any unit of the force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commandant of the unit to which such person belongs, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 6 where any person subject to this act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 7 any document purporting to be a report under the hand of any chemical examiner or assistant chemical examiner to government upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence in any proceeding under this act.

section 100. of the border security force act : where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 99, any officer prescribed in this behalf, may a if such person is in custody under subsection 4 of section 99, on the report of a medical officer that he is capable of making his defence, or b if such person is detained in a jail under subsection 5 of section 99, on a certificate of the inspector general of prisons, and if such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that subsection, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another security force court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.

section 97. of the border security force act : 1 if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. 2 the written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court. 3 if the court is dissolved before the receipt of such reply, or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

section 98. of the border security force act : 1 when any person subject to this act has been convicted by a security force court of any offence, such security force court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a security force court or by a criminal court, or any previous award of punishment under section 53 or 55, and may further inquire into and record the general character of such person and such other matters as may be prescribed. 2 evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of security force courts or other official records and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. 3 at a summary security force court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

section 99. of the border security force act : 1 whenever, in the course of a trial by a security force court, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. 2 the presiding officer of the court, or, in the case of a summary security force court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 115, as the case may be. 3 the confirming officer to whom the case is reported under subsection 2 may, if he does not confirm the finding, take steps to have the accused person tried by the same or another security force court for the offence with which he was charged. 4 the authority to whom the finding of a summary security force court is reported under subsection 2, and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government. 5 on receipt of a report under subsection 4, the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

section 108. of the border security force act : the findings and sentences of general security force courts may be confirmed by the central government or by any officer empowered in this behalf by warrant of the central government.

section 107. of the border security force act : no finding or sentence of a general security force court or a petty security force court shall be valid except so far as it may be confirmed as provided by this act.

section 101. of the border security force act : a copy of every order made by an officer under section 100 for the trial of the accused shall forthwith be sent to the central government.

section 102. of the border security force act : where any person is in custody under subsection 4 of section 99 or under detention under subsection 5 of that section, a if such person is in custody under the said subsection 4, on the report of a medical officer, or b if such person is detained under the said subsection 5, on a certificate from any of the authorities mentioned in clause b of section 100 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

section 109. of the border security force act : the findings and sentences of petty security force courts may be confirmed by an officer having power to convene a general security force court or by any officer empowered in this behalf by warrant of such officer.

section 106. of the border security force act : any trial by a security force court under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the security force court shall be deemed to be a court within the meaning of sections 480 and 482 of the code of criminal procedure, 5 of .

section 103. of the border security force act : where any relative or friend of any person who is in custody under subsection 4 of section 99 or under detention under subsection 5 of that section desires that he should be delivered to his care and custody, the central government may, upon application by such relative or friend and, on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friend.

section 112. of the border security force act : when any person subject to this act is tried and sentenced by a security force court while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

section 113. of the border security force act : show related subordinates 1 any finding or sentence of a security force court which requires confirmation may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. 2 the court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. 3 in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general security force court, it still consists of five officers, or, if a petty security force court, of three officers.

section 105. of the border security force act : show related subordinates 1 after the conclusion of a trial before any security force court, the court or the officer confirming the finding or sentence of such security force court, or any authority superior to such officer, or, in the case of a summary security force court whose finding or sentence does not require confirmation, an officer not below the rank of deputy inspectorgeneral within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 2 where any order has been made under subsection 1 in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure, 5 of . 3 in this section, the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

section 114. of the border security force act : 1 save as otherwise provided in subsection 2, the finding and sentence of a summary security force court shall not require to be confirmed, but may be carried out forthwith. 2 if the officer holding the trial is of the rank of superintendent of police or of a rank declared under clause a of subsection 5 of section 74 as equivalent thereto or of a lower rank and has held such rank for less than five years, he shall not, except on active duty, carry into effect any sentence, until it has received the approval of an officer not below the rank of deputy inspectorgeneral.

section 104. of the border security force act : when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a security force court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or, natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

section 116. of the border security force act : show related subordinates 1 where a finding of guilty by a security force court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 128 to commute the punishment awarded by the sentence, if the finding had been valid may substitute a new finding and pass a sentence for the offence specified or involved in such finding: provided that no such substitution shall be made unless such finding could have been validly made by the security force court on the charge and unless it appears that the security force court must have been satisfied of the facts establishing the said offence. 2 where a sentence passed by a security force court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under subsection 1, is found for any reason to be invalid, the authority referred to in subsection 1 may pass a valid sentence. 3 the punishment awarded by a sentence passed under subsection 1 or subsection 2 shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. 4 any finding substituted, or any sentence passed, under this section shall, for the purposes of this act and the rules, have effect as if it were a finding or sentence, as the case may be, of a security force court.

section 110. of the border security force act : a warrant issued under section 108 or section 109 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

section 111. of the border security force act : subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 108 or section 109, a confirming authority may, when confirming the sentence of a security force court, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 48.

section 117. of the border security force act : show related subordinates 1 any person subject to this act who considers himself aggrieved by any order passed by any security force court may present a petition to the officer or authority empowered to confirm any finding or sentence of such security force court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 2 any person subject to this act who considers himself aggrieved by a finding or sentence of any security force court which has been confirmed, may present a petition to the central government, the directorgeneral, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, the directorgeneral, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.

section 115. of the border security force act : the proceedings of every summary security force court shall, without delay, be forwarded to the officer not below the rank of deputy inspectorgeneral within whose command the trial was held, or to the prescribed officer, and such officer, or the directorgeneral or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the court might have passed.

section 120. of the border security force act : whenever any person is sentenced by a security force court under this act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case of a summary security force court, by the court.

section 118. of the border security force act : the central government, the directorgeneral, or any prescribed officer may annul the proceedings of any security force court on the ground that they are illegal or unjust.

section 123. of the border security force act : whenever, in the opinion of an officer not below the rank of deputy inspectorgeneral within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons, conveniently be carried out in force custody in accordance with the provisions of section 121, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

section 122. of the border security force act : where a sentence of imprisonment is directed to be undergone in a civil prison the offender may be kept in force custody or in any other fit place, till such time as it is possible to send him to a civil prison.

section 121a. of the border security force act : 1121a. period of custody undergone by a person to be set off against the imprisonment. when any person subject to this act is sentenced by a security force court to a term of imprisonment, not being an imprisonment in default of payment of fine, the period spend by him in civil or force custody during investigation, inquiry or trial of the same case, and before the date of order of such sentence, shall be set off against the term of imprisonment imposed upon him, and the liability of such person to undergo imprisonment on such order of sentence shall be restricted to the remainder, if any, of the term of imprisonment imposed upon him. 1. ins. by act 35 of , s. 2 w.e.f.

section 121. of the border security force act : show related subordinates 1 whenever any sentence of imprisonment is passed under this act by a security force court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a summary security force court the officer holding the court or such other officer as may be prescribed shall, save as otherwise provided in subsections 3 and 4 direct that the sentence shall be carried out by confinement in a civil prison. 2 when a direction has been made under subsection 1 the commandant of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his despatch to such prison with the warrant. 3 in the case of a sentence of imprisonment for a period not exceeding three months and passed under this act by a security force court, the appropriate officer under subsection 1 may direct that the sentence shall be carried out by confinement in force custody instead of in a civil prison. 4 on active duty, a sentence of imprisonment may be carried out by confinement in such place as the deputy inspectorgeneral within whose command the person sentenced is serving or any prescribed officer, may from time to time appoint. rules yeardescriptionfiles border security force rule,

section 119. of the border security force act : in awarding a sentence of death, a security force court shall, in its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

section 124. of the border security force act : a person under sentence of imprisonment may during his conveyance from place to place, or when on board ship, aircraft or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

section 125. of the border security force act : show related subordinates whenever an order is duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined.

section 127. of the border security force act : whenever any person is sentenced to imprisonment under this act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly.

section 133. of the border security force act : any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

section 126. of the border security force act : when a sentence of fine is imposed by a security force court under section 46, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the code of criminal procedure, 5 of , as if it were a sentence of fine imposed by such magistrate.

section 128. of the border security force act : when any person subject to this act has been convicted by a security force court of any offence, the central government or the directorgeneral or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of deputy inspectorgeneral within whose command such person at the time of conviction was serving, or the prescribed officer may, a either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded or b mitigate the punishment awarded or c commute such punishment for any less punishment or punishments mentioned in this act d either with or without conditions which the person sentenced accepts, release the person on parole.

section 134. of the border security force act : the authority or officer specified in section 130 may, at any time while a sentence is suspended, order a that the offender be committed to undergo the unexpired portion of the sentence or b that the sentence be remitted.

section 129. of the border security force act : 1 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. 2 a person whose sentence of imprisonment is carried into effect under the provisions of subsection 1 shall undergo only the unexpired portion of his sentence.

section 135. of the border security force act : 1 where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in section 130, or by any officer not below the rank of a deputy inspectorgeneral duly authorised by the authority or officer specified in section 130. 2 where on such reconsideration by the officer so authorised it appears to him that the conduct of offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 130.

section 130. of the border security force act : 1 where a person subject to this act is sentenced by a security force court to imprisonment, the central government, the directorgeneral or any officer empowered to convene a general security force court may suspend the sentence whether or not the offender has already been committed to prison or to force custody. 2 the authority or officer specified in subsection 1 may, in the case of an offender so sentenced direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to force custody. 3 the powers conferred by subsections 1 and 2 may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

section 131. of the border security force act : 1 where the sentence referred to in section 130 is imposed by a security force court other than a summary security force court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to force custody until the orders of the authority or officer specified in section 130, have been obtained. 2 where a sentence of imprisonment is imposed by a summary security force court, the officer holding the trial or the officer authorised to approve of the sentence under subsection 2 of section 114 may make the direction referred to in subsection 1.

section 132. of the border security force act : where a sentence is suspended under section 130, the offender shall forthwith be released from custody.

section 136. of the border security force act : where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, then a if the further sentence is also suspended under this act, the two sentences shall run concurrently b if the further sentence is for a period of three months or more and is not suspended under this act, the offender shall also be committed to prison or force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently and c if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 134 or section 135 continue to be suspended.

section 137. of the border security force act : the powers conferred by sections 130 and 134 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.

section 138. of the border security force act : 1 where in addition to any other sentence the punishment of dismissal has been awarded by a security force court, and such other sentence is suspended under section 130, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 130. 2 if such other sentence is remitted under section 134, the punishment of dismissal shall also be remitted.

section 142. of the border security force act : 1 the border security force in existence at the commencement of this act shall be deemed to be the force constituted under this act. 2 members of the border security force in existence at the commencement of this act shall be deemed to have been appointed or as the case may be, enrolled as such under this act. 3 anything done or any action taken before the commencement of this act in relation to the constitution of the border security force referred to in subsection 1, in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this act: provided that nothing in this subsection shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this act.

section 139. of the border security force act : 1 the central government may, by general or special order published in the official gazette direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of india, as may be specified in the order, any member of the force may, i for the purpose of prevention of any offence punishable under the passport entry into india act, 34 of , the registration of foreigners act, 16 of , the central excises and salt act, 1 of , the foreigners act, 31 of , the foreign exchange regulation act, 7 of , the customs act, 52 of , or the passports act, 15 of , or of any cognizable offence punishable under any other central act or ii for the purpose of apprehending any person who has committed any offence referred to in clause i, exercise or discharge such of the powers or duties under that act or any other central act as may be specified in the said order, being the powers and duties which, in the opinion of the central government, an officer of the corresponding or lower rank is by that or such other act empowered to exercise or discharge for the said purposes. 2 the central government may, by general or special order published in the official gazette, confer or impose, with the concurrence of the state government concerned, any of the powers or duties which may be exercised or discharged under a state act by a police officer upon a member of the force who, in the opinion of the central government, holds a corresponding or higher rank. 3 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order. 1. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f. .

section 140. of the border security force act : show related subordinates 1 in any suit or proceeding against any member of the force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. 2 any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. 3 notwithstanding anything contained in any other law for the time being in force, any legal proceeding whether civil or criminal which may lawfully be brought against any member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

section 141. of the border security force act : show related subordinates 1 the central government may, by notification, make rules for the purpose of carrying into effect the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for, a the constitution, governance, command and discipline of the force b the enrolment of persons to the force and the recruitment of other members of the force c the conditions of service including deductions from pay and allowances of members of the force d the rank, precedence, powers of command and authority of the officers, subordinate officers, underofficers and other persons subject to this act e the removal, retirement release or discharge from the service of persons subject to this act f the purposes and other matters required to be prescribed under section 13 g the convening, constitution, adjournment, dissolution and sittings of security force courts, the procedure to be observed in trials by such courts the persons by whom an accused may be defended in such trial and the appearance of such persons thereat h the confirmation, revision and annulment of, and petitions against, the findings and sentences of security force courts i the 1 forms of orders to be made under the provisions of this act relating to security force courts and the awards and infliction of death, imprisonment and detention j the carrying into effect of sentences of security force courts k any matter necessary for the purpose of carrying this act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this act l the ceremonials to be observed and marks of respect to be paid in the force m the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts n the recruitment and conditions of service of the chief law officer and the law officers o any other matter which is to be, or may be prescribed or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government, necessary for the proper implementation of this act. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 2 in two more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 19 of , s. 3 and the second schedule, for forms or orders w.e.f. . 2. subs. by act 4 of , s. 2 and the schedule, for certain words w.e.f.

section 7a. of the delhi land holdings ceiling act : 17a. abatement of certain suits. notwithstanding anything contained in any other law, every suit for the specific performance of a contract for the transfer of land, instituted after the appointed day and before the commencement of the delhi land holdings ceiling amendment act, shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable. 1. subs. by act 15 of , s. 7, for section 7 w.e.f. .

section 1. of the delhi land holdings ceiling act : 1 this act may be called the delhi land holdings ceiling act, . 2 it extends to the whole of the union territory of delhi, but shall not apply to a the areas which, immediately before the 1st day of november, , were included in a municipality or in a notified area under the provisions of the punjab municipal act, punjab act 3 of , or in a cantonment under the provisions of the cantonments act, 2 of b the areas 1owned and held by the central government or any state governmentort any local authority 2 3bb the areas owned and held by any corporation owned or controlled by the central government 4c the areas acquired under any law relating to the acquisition of land for a public purpose d the areas held and occupied, on the appointed day, for the purpose of a goshala or for the purpose of breeding, or feeding, or both, of horses, and, in either case, declared as such in the prescribed manner by the chief commissioner: provided that, no declaration under this clause shall be made by the chief commissioner in respect of an area held and occupied for the purpose of a goshala unless the goshala has been established for a charitable purpose without any motive for profit and registered as a society under the societies registration act, 21 of and the entire income from such area is utilised for the purpose of the goshala: provided further that, when any area or any part thereof ceases to be held and occupied for the purpose referred to in this clause any declaration made under this clause, shall cease to have effect either in whole or in part, as the case may be, and the provisions of this act shall apply to the whole or part of such area accordingly and e the areas owned and held by any agricultural cooperative land mortgage bank, any state or central cooperative bank or any other bank. explanation.for the purpose of this clause, bank means a banking company as defined in section 5 of the banking regulation act, 10 of and includes the state bank of india constituted under the state bank of india act, 23 of , a subsidiary bank as defined in the state bank of india subsidiary banks act, 38 of , a corresponding new bank as defined in the banking companies acquisition and transfer of undertakings act, 5 of and the agricultural refinance corporation established under the agricultural refinance corporation act, 10 of . 3 it shall come into force on such date as the chief commissioner may, by notification in the official gazette, appoint 1. subs. by act 15 of , s. 2, for owned by the central government w.e.f. . 2. the word and omitted by s. 2, ibid. w.e.f. . 3. ins. by s. 2,ibid. w.e.f. . 4. subs. by s. 2, ibid. for clause c w.e.f. .

section 2. of the delhi land holdings ceiling act : in this act, unless the context otherwise requires, 1a appointed day means the 24th day of january, 2aa ceiling limit, in relation to land, means the limit fixed under section 3 b chief commissioner means the chief commissioner of delhi c competent authority means any person or authority authorised by the chief commissioner by notification in the official gazette to perform the functions of the competent authority under this act for such area as may be specified in the notification 3d family, in relation to a person, means the person, the wife or husband, as the case may be, and the minor sons and unmarried minor daughters of such person e minor means a person who is deemed not to have attained majority under the indian majority act, 4ee orchard means a compact area of land, having fruit bearing trees grown thereon in such number that they preclude or when fully grown, would preclude, a substantial part of such land from being used for any agricultural purpose, but does not include any land, being a banana or guava garden or vine yard eee person includes a company, family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property f person under disability means i a widow ii a minor iii a woman unmarried or, if married, divorced or judicially separated from her husband or whose husband is a person falling under subclause iv or subclause v iv a member of the armed forces of the union v a person incapable of cultivating land by reason of some physical or mental disability g prescribed means prescribed by rules made under this act h the words and expressions asami, bhumidhar, deputy commissioner, gaon panchayat, improvement, land 5 and village shall have the meanings respectively assigned to them in the delhi land reforms act, delhi act . 1. ins. by act 15 of , s. 3 w.e.f. . 2. clause a relettered as clause aa by s. 3, ibid. w.e.f. . 3. subs. by s. 3, ibid., for clause d w.e.f. . 4. ins. by s. 3, ibid. w.e.f. . 5. the words , standard acre omitted by act 15 of , s. 3 w.e.f. .

section 7. of the delhi land holdings ceiling act : 17. selection of excess land in cases of certain transfers. 1 where any person transfers any land by sale, gift or otherwise other than a bona fide sale under a registered deed for valuable consideration at any time during the period referred to in subsection 2 of section 6, the excess land in relation to such person shall be selected from out of the land held by him after such transfer and in case the entire excess land cannot be so selected, the balance, or, where no land is held by him after the transfer, the entire excess land, shall be selected out of the land held by the transferee: provided that where such person has transferred his land to more than one person, the balance or the entire excess land, as the case may be, shall be selected out of the land held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the land transferred to all the transferees. 2 where any excess land is selected out of the land transferred, the transfer of such land shall be void. 1. subs. by act 15 of , s. 7, for section 7 w.e.f. .

section 8. of the delhi land holdings ceiling act : 1 where any excess land of a bhumidhar is in his actual possession, the excess land shall vest in the government. 2 where any excess land of a bhumidhar is in the possession of a person holding the same as an asami and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the government. 3 where any excess land of a bhumidhar is in the possession of a person holding the same as an asami and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that parson shall acquire bhumidhari rights in respect of such excess land or part thereof on payment of compensation as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the government. 4 where there is any excess land of an asami, the excess land shall vest in the government: provided that in any case where the excess land or any part thereof held by a bhumidhar together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the bhumidhar on an application made by him in this behalf to the competent authority within such time as may be prescribed.

section 4. of the delhi land holdings ceiling act : every person representing a family 1who on the appointed day or at any time thereafter held or holds, land in excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: provided that in the case of a joint holding, all cosharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain. explanation. in the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be. 1. subs. by act 15 of , s. 5, for certain words w.e.f. .

section 9. of the delhi land holdings ceiling act : 1 any person aggrieved by an entry in the list published under subsection 3 of section 6 may, within thirty days from the date of publication thereof in the official gazette, file objections thereto before the deputy commissioner: provided that the deputy commissioner may entertain the objection after the expiry of the said period of thirty days, if he is satisfied that the objector was prevented by sufficient cause from filing the objection in time. 2 the deputy commissioner or any other officer authorised in this behalf by the chief commissioner may, after considering the objections and after giving the objector or his representatives an opportunity of being heard in the matter, approve or modify the list 3 the list as approved or modified under subsection 2 shall then be published in the official gazette and also in such other manner as may be prescribed and, subject to the provisions of this act, the list shall be final. 4 with effect from the date of the publication of the list in the official gazette under subsection 3, the excess land shall stand transferred to, and vest in, the government free of all encumbrances or, as the case may be, the excess land shall stand restored to the bhumidhar or the bhumidhari rights in respect of the excess land shall stand transferred to the asami free of all encumbrances.

section 3. of the delhi land holdings ceiling act : 13. ceiling on holding. 1 subject to the provisions of this section, on and from the commencement of the delhi land holdings ceiling amendment act, , no person either by himself or, if he has a family, together with any other member of his family hereinafter referred to as the person representing the family shall, whether as a bhumidhar or an asami or partly in one capacity and partly in another, be entitled to hold land in excess of a i 7.25 hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least two crops in a year or ii 5.8 hectares, in the case of land which is assured of irrigation from a government source of irrigation and is capable of yielding at least two crops in a year or b i 10.9 hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least one crop in a year or ii 8.7 hectares, in the case of land which is assured of irrigation from a government source of irrigation and is capable of yielding at least one crop in a year or c 21.8 hectares, in the case of any other land, including an orchard. 2 where a person holds land falling under more than one category specified in subsection 1, then, the land held by him shall be converted into land falling under category c and for the purpose of such conversion one hectare of land falling under category a i shall be treated as equal to 3 hectares of land falling under category c, one hectare of land falling under category a ii shall be treated as equal to 3.75 hectares of land falling under category c, one hectare of land falling under category b i shall be treated as equal to 2 hectares of land falling under category c and one hectare of land falling under category b ii shall be treated as equal to 2.5 hectares of land falling under category c and the extent of the land so converted together with the extent of the land, if any falling under category c held by such person shall not exceed 21.8 hectares. 3 for the purposes of this section, land which is assured of irrigation from a government source of irrigation means any land which is irrigated, or is capable of being irrigated, from such source. 4 if any question whether any land is capable of yielding only one crop or more than one crop in a year arises, such question shall be decided by such authority and in such manner as may be prescribed and the decision of such authority thereon shall be final. 5 where the number of members of the family of a person exceeds five, he shall he entitled to hold land in excess of the ceiling limit to the extent of onefifth of the ceiling limit for each member in excess of five so, however, as not to exceed twice the ceiling limit in the aggregate. 6 where a person is a member of a family the land held by such person together with the land held by every other member of the family, whether individually or jointly, shall be taken into account in determining the ceiling limit. 7 a person representing a family shall also be entitled to hold land not exceeding the ceiling limit for each of his major sons, if any: provided that the land, if any, held by such major son or, if he has a family, by any other member of his family shall be taken into account in determining the ceiling limit for the purposes of this subsection. 8 where a family holds land in excess of the ceiling limit and such land includes land held by the wife or the husband, then, the share of the wife or the husband, as the case may he, in the land that may be held by the family within the ceiling limit shall be in the same proportion as it was in the total extent of the land held by the family. 9 where a person is a member of a registered cooperative farming society his share in the land held by such society shall be taken into account in calculating the ceiling limit in relation to such person. 1. subs. by s. 4, ibid., for section 3 w.e.f. .

section 5. of the delhi land holdings ceiling act : if any person, who under section 4 is required to submit a return, fails to do so in accordance with the provisions of that section, the competent authority shall collect the necessary information through such agency as may be prescribed.

section 6. of the delhi land holdings ceiling act : 1 on receipt of any return under section 4 or information under section 5 or otherwise, the competent authority shell, after giving the persons affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having regard to the provisions of section 7 and section 8 or of any rules that may be made in this behalf, it shall determine a the total area of land held by each person representing the family b the specific parcels of land which he may retain c the land held by him in excess of the ceiling limit d whether such excess land is held by him as a bhumidhar or as an asami e the excess land in respect of which bhumidhari rights may be acquired by an asami f the excess land which may be restored to a bhumidhar g the excess land which shall vest in the government and h such other matters as may be prescribed. 12 for the purpose of determining the excess land under this section any land transferred by sale, gift or otherwise other than a bona fide sale under a registered deed for valuable consideration at any time during the period between the appointed day and the commencement of the delhi land holdings ceiling amendment act, , shall, notwithstanding such transfer, be deemed to be held by the transferor and the burden of proving the transfer by sale as bona fide shall be on the transferor. 3 the competent authority shall prepare a list in the prescribed form containing the particulars determined by him under subsection 1 and shall cause every such list to be published in the official gazette and also in such other manner as may be prescribed. 1. subs. by s. 6, ibid., for subsection 2 w.e.f. .

section 16. of the delhi land holdings ceiling act : subject to any rules that may be made in this behalf, the chief commissioner or any officer authorised by him may allot any excess land vesting in the government other than land reserved under section 15 1to such persons preference being given to landless agricultural labourers particularly those belonging to the scheduled castes or the scheduled tribes and on such terms and conditions as he thinks fit. 1. subs. by act 15 of , s. 10, for to such persons w.e.f. .

section 10. of the delhi land holdings ceiling act : 11 where any excess land of a bhumidhar vests in the government, there shall be paid by the government to the bhumidhar an amount calculated at the rates specified in the table below, namely: the table rates per hectare in rupees class of land for the first 3 hectares for the next 3 hectares for the remaining area a land under assured irrigation and capable of yielding at least two crops in a year 5,,,000 b land under assured irrigation and capable of yielding at least one crop in a year 2,,,000 c any other land including an orchard 1,,,000 provided that where such excess land or any part thereof is in the possession of an asami, the amount payable in respect of the land shall be apportioned between the bhumidhar and the asami in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land to be determined by the competent authority in the prescribed manner. 2 in addition to the amount payable in respect of any excess land under subsection 1, there shall also be paid an amount in respect of any structure or building, including wells, tubewells and embankments constructed on such excess land and such amount shall be fifty per cent. of the market value of such structure or building and shall be paid to the person who has constructed the structure or building. 3 where any excess land in respect of which 2an amount is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer in respect of excess land is void by virtue of 3subsection 2 of section 7, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the 4amount payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor. 4 where an asami acquires bhumidhari rights in respect of any excess land, 5 the amount payable by him in respect of that land shall be equal to the amount which the bhumidhar would have been paid 6 under the proviso to subsection 1 or subsection 2, if the land had vested in the government and the amount shall, in the first instance, be paid to the bhumidhar by the government and shall be recovered from the asami in such manner as may be prescribed 5 where any excess land of a religious or charitable institution vests in the government such institution shall, in lieu of 4the amount payable under subsection 1 or subsection 2 be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner. 6 the competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount 7 payable to any person under this section. 1. subs. by act 15 of , s. 8, for subsections 1 and 2 w.e.f. . 2. subs. by s. 8, ibid., for compensation w.e.f. . 3. subs. by s. 8, ibid., for subsection 4 of section 7 w.e.f. . 4. subs. by act 15 of , s. 8, for compensation w.e.f. . 5. subs. by s. 8, ibid., for the compensation w.e.f. . 6. the words as compensation omitted by s. 8, ibid. w.e.f. . 7. the words of compensation omitted by s. 8, ibid. w.e.f. .

section 17. of the delhi land holdings ceiling act : save as otherwise expressly provided, the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law, custom or usage or agreement or decree or order of a court.

section 11. of the delhi land holdings ceiling act : 1 the 1amount payable under section 10 shall be due on the date of the publication of the list in the official gazette under subsection 3 of section 9 and may be paid in cash, in a lump sum or in instalments or in bonds. 2 where the 1amount is payable in bonds, the bonds may be made not transferable or transferable by endorsement or in any other manner but all such bonds shall be redeemed within such period, not exceeding ten years from the dare of issue, as may be prescribed. 3 where there is any delay in the payment of 1amount or where the 1amount is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due. 1. subs. by s. 9, ibid., for compensation w.e.f. .

section 14. of the delhi land holdings ceiling act : after the publication of the list of excess land under subsection 3 of section 9, and after demarcation in the prescribed manner of such land where necessary, the deputy commissioner may take possession of any excess land and may use or cause to be used such force as may be necessary for the purpose.

section 12. of the delhi land holdings ceiling act : no person representing a family shall acquire in any manner whatsoever whether by transfer, exchange, lease, agreement or succession any land where such acquisition has the effect of making the total area of the land held by him exceed the ceiling limit and any such land in excess of the ceiling limit shall, subject to the provisions of the delhi land reforms act, delhi act 8 of , be treated as excess land of the transferee and the provisions of sections 6 to 11 shall, as far as may be, apply to such excess land.

section 15. of the delhi land holdings ceiling act : the chief commissioner may reserve any excess land vesting in the government under the provisions of this act for the benefit of the village community or for any work of public utility or for such other purposes as may be prescribed: provided that where such land is not being used for the aforesaid purposes, it may be used by the gaon panchayat for such purposes as the chief commissioner may direct.

section 13. of the delhi land holdings ceiling act : where a person representing a family holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then, notwithstanding anything contained in this chapter, such person shall not be required to surrender any part of the land on the ground that it is excess land, if such excess is due to any improvements effected in the land by the efforts of the family or to a decrease in the number of its members.

section 25. of the delhi land holdings ceiling act : no suit or other legal proceeding shall lie against the government or any authority or officer in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made thereunder.

section 18. of the delhi land holdings ceiling act : any sum payable to the government under the provisions of this act may be recovered in the same manner as an arrear of land revenue.

section 19. of the delhi land holdings ceiling act : any person aggrieved by an order made by the competent authority under section 10, may, within a period of thirty days from the date of the order, prefer an appeal to the deputy commissioner: provided that the deputy commissioner may entertain the appeal after the expiry of the said period, if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

section 20. of the delhi land holdings ceiling act : 1 the chief commissioner may, on an application for revision made to him or otherwise, call for the record of any proceeding pending before, or disposed of by, the competent authority or the deputy commissioner or any officer authorised by the chief commissioner under subsection 2 of section 9. 2 no order varying the decision of the competent authority or the deputy commissioner or revising the list published under section 9 which prejudicially affects any person shall be made without giving him an opportunity of being heard.

section 22. of the delhi land holdings ceiling act : subject to any conditions and restrictions that may be prescribed, any officer entrusted with the performance of any duty under this act may, in the discharge of such duty, enter upon and survey and take measurement of any land and do all other acts necessary for carrying out his duties under this act.

section 24. of the delhi land holdings ceiling act : 1 subject to the provisions of this act, every order made under this act shall be final. 2 no civil court shall have jurisdiction to entertain any suit or proceeding in so far as it relates to any matter which the competent authority or the deputy commissioner is empowered by or under this act to decide.

section 23. of the delhi land holdings ceiling act : 1 whoever being bound to submit a return under section 4 fails without reasonable cause to do so, within the prescribed time, or submits a return which he knows or has reason to believe to be false, 1shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees. 2 whoever contravenes any lawful order made under this act or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees. 1. subs. by act 15 of , s. 11, for shall be punishable with fine which may extend to one thousand rupees w.e.f. .

section 28. of the delhi land holdings ceiling act : amendment of the delhi land reforms act, . rep. by the repealing and amending act, 52 of , s. 2 and the first schedule w.e.f. .

section 21., under the act. of the delhi land holdings ceiling act : any officer or authority while holding an inquiry or hearing an appeal or exercising powers of revision under this act shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , when trying a suit, in respect of the following matters, namely: a enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents and material objects c receiving evidence on affidavit and d such other matters as may be prescribed

section 26. of the delhi land holdings ceiling act : power to exempt, etc. omitted by the delhi land holdings ceiling amendment act, 15 of , s. 12 w.e.f. .

section 27. of the delhi land holdings ceiling act : 1 the chief commissioner may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which and the period within which a return under section 4 may be submitted b the agency through which information under section 5 may be collected c the manner of holding inquiries under this act d the matters which may be determined by the compelent authority under subsection 1 of section 6 and the manner of determination of excess land under the act e the form in which a list under subsection 3 of section 6 or subsection 3 of section 9 may be prepared and the manner of publication of such list f the period within which an application for restoration of excess land of an asami may be made by the bhumidhar g the manner of apportionment of 1amount between the bhumidhar and the asami in respect of any excess land in the possession of the asami h the manner of determination of the net annual income of any excess land for the purposes of payment of 1amount i the manner of assessment of market value of structures and buildings and the value of trees for the purpose of payment of 1amount j the number of instalments in which 1any amount under this act may be paid or recovered and the period within which bonds may be redeemed k the manner of demarcation of excess land l the purposes for which land may be reserved under section 15 m the categories of persons to whom excess land may be allotted and the terms and conditions on which such allotment may be made n the powers of a civil court which may be vested in any officer or authority holding an inquiry o the conditions and restrictions subject to which an officer may enter upon any land for the purpose of survey and taking measurement p the levy of fees in respect of any matter under this act q any other matter which has to be, or may be prescribed. 3 every rule made under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days 2which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 15 of , s. 13, for compensation w.e.f. . 2. subs. by s. 13, ibid., for compensation w.e.f. .

section 8. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of each of the two companies, and the right, title and interest of each of the two companies in relation to its undertakings, there shall be paid by the central government to each of the two companies, in cash and in the manner specified in chapter vi, amount equal to the amount specified against the name of such company in the first schedule.

The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984

section 1. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 this act may be called the inchek tyres limited and national rubber manufacturers limited nationalisation act, . 2 it shall be deemed to have come into force on the 14th day of february, .

section 2. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : in this act, unless the context otherwise requires, a appointed day means the 14th day of february b commissioner means the commissioner of payments appointed under section 15 c existing government company means a government company which is carrying on business on the appointed day d new government company means a government company formed and registered on or after the appointed day e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision, and different dates may be specified for different provisions of this act h two companies means the inchek tyres limited and the national rubber manufacturers limited, being companies as defined in the companies act, 1 of , and having their registered offices at leslie house, 19 jawaharlal nehru road, calcutta i words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act.

section 7.transfer of the undertakings of the two companies from an existing government company to a new government company of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 notwithstanding anything contained in sections 3 and 4, where the undertakings of each of the two companies have been directed, under subsection 1 of section 6, to vest in an existing government company, the central government may, if it is satisfied that a new government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, declare, by notification, that the undertakings of each of the two companies and the right, title and interest of each of the two companies in relation to its undertakings be transferred to that new government company, and on the issue of such declaration, the right, title and interest of each of the two companies in relation to its undertakings which had been directed under subsection 1 of section 6 vest in an existing government company, shall, instead of continuing to vest in that existing government company, vest in that new government company with effect from the date on which such declaration is made. 2 where the right, title and interest of the existing government company in relation to the undertakings of the two companies vest, under subsection 1, in a new government company, that government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the existing government company in relation to such undertakings, shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of that new government company

section 4. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the undertakings of each of the two companies referred to in section 3 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, cheques, demand drafts, reserve funds, investments, book debts and all other rights and interest in, or arising out of such, property as were immediately before the appointed day in the ownership, possession, power or control of such company whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court, tribunal or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to , any such property shall be entitled to claim, in accordance with his rights and interest, payment of the mortgage money or other dues, in whole or in part, out of the amount specified, in relation to the company owning such property, in the first schedule, and also out of the amounts referred to in section 9, but, no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to either of the two companies in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to an for the purposes of such undertaking, and , on and from the date of vesting of such undertaking under section 6 in an existing government company, or under section 7 in a new government company, the existing, or new, government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new, government company and such existing, or new, government company, shall hold it for the remainder of the period for which the company to which it was granted would have held it under the terms thereof. 6 if, on the appointed day, any, suit, appeal or other proceeding of whatever nature, in relation to any property which has vested in the central government under section 3, instituted or preferred by or against either of the two companies is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of such company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or where the undertakings of the two companies vest under section 6 or section 7 in an existing, or a new, government company, by or against such government company.

section 9. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 for the deprivation of the two companies of the management of their undertakings during the period commencing on the date on which the undertakings of each such company was taken over in pursuance of the orders made by the central government under the provisions of the industries development and regulation act, 65 of and ending on the appointed day, there shall be paid by the central government to each of the companies in cash, an amount of rupees fifty thousand. 2 the amount referred to in section 8 and the amount specified in subsection 1 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amounts is made by the central government to the commissioner. 3 the amount referred to in subsection 1 and the amount determined in accordance with the provisions of subsection 2 shall be given by the central government to the two companies in addition to the amount specified in section 8. 4 for the removal of doubts, it is hereby declared that the liabilities of either of the two companies in relation to its undertakings which have vested in the central government under section 3, shall be discharged from the amount referred to in section 8, and also from the amount specified in subsection 1 and the amount determined under subsection 2, in accordance with the rights and interests of the creditors of the two companies.

section 3. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : on the appointed day, the undertakings of each of the two companies, and the right, title and interest of each of the two companies in relation to its undertakings, shall, by virtue of the act, stand transferred to, and shall vest in, the central government.

section 12., in their possession. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 any person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to the undertakings owned by either of the two companies, which have vested in the central government or in an existing, or a new, government company under this act, shall be liable to account for the said assets, books, documents and other papers to the central government or the existing, or new, government company, as the case may be, and shall deliver them to the central government or the existing, or new, government company or to such person or persons as the central government or the existing, or new, government company may specify in this behalf. 2 the central government or the government company aforesaid may take, or cause to be taken, all necessary steps for securing possession of the undertakings of the two companies which have vested in the central government or the government company under this act. 3 the two companies shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all their properties and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3, and, for this purpose, the central government or the government company aforesaid shall afford to the two companies all reasonable facilities.

section 5. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 every liability, other than the liability specified in subsection 2, of each of the two companies in respect of any period prior to the appointed day, shall be the liability of the concerned company and shall be enforceable against it and not against the central government, or where the undertakings of the two companies vest in an existing, or a new, government company, against such government company. 2 any liability arising in respect of materials supplied to either of the two companies after the management of its undertakings had been taken over by the central government, shall, on and from the appointed day, be the liability of the central government or of the existing, or new, government company aforesaid, and shall be discharged by that government or, as the case may be, the existing, or new, government company, as and when repayment for such supplies becomes due and payable. 3 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this section or in any other provision of this act, no liability, other than the liability specified in subsection 2, of either of the two companies in relation to its undertakings in respect of any period prior to the appointed day shall be enforceable against the central government, or, where the undertakings of the two companies vest in an existing, or a new, government company, against such government company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two companies, passed on or after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in subsection 2, which arose before that day, shall be enforceable against the central government, or where the undertakings of the two companies vest in an existing, or a new, government company, against such government company c no liability incurred by either of the two companies before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the, central government, or, where the undertakings of the two companies vest in an existing, or a new, government company, against such government company.

section 6. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 notwithstanding anything contained in section 3 and 4, and subject to the provisions of section 7, the central government may, if it is satisfied that an existing government company is willing to comply, or has complied with such terms and conditions as that government may think fit to impose, direct, by notification, that the undertakings of each of the two companies and the right, title and interest of each of the two companies in relation to its undertakings which have vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in that existing government company either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the two companies, in relation to their undertakings vest, under subsection 1, in an existing government company, that government company shall, on and from the date of such vesting, be deemed to have become, and, until the transfer of the undertakings, by virtue of the provisions of section 7, to a new government company, be deemed to be, the owner in relation to such undertakings, and the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, and, until the date of such transfer, be deemed to be, the rights and liabilities, respectively, of that existing government company.

section 10., of the undertakings of the two companies. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : the general superintendence, direction, control and management of the affairs and business of the undertakings of each of the two companies, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been given by the central government under subsection 1 of section 6, vest on and from the date specified in such direction, in the existing government company specified therein or b where a declaration has been made under subsection 1 of section 7, vest, on and from the date of such declaration, in the new government company specified therein and thereupon the existing, or new, government company so specified, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as either, or both, of the two companies, is or are, authorised to exercise and do in relation to its or their undertakings.

section 11. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 on the vesting of the management of the undertakings of the two companies in an existing, or a new, government company, all persons in charge of the management of the undertakings of either of the two companies immediately before such vesting shall be bound to deliver to such government company, all assets, books of account, registers and other documents in their custody relating to the undertakings. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the existing, or new, government company and such government company may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the two companies shall be conducted or in relation to any other matter arising in the course of such management.

section 13. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 every person who has been, immediately before the appointed day, employed in any undertaking of either of the two companies shall become, a on and from the appointed day, an employee of the central government, and b where the undertakings of the two companies are directed, under section 6 or under section 7, to vest, in an existing, or a new, government company, an employee of such government company on and from the date of such vesting, and shall hold office or service under the central government or the existing, or new, government company, as the case may be, with the rights and privileges as to pension, gratuity and other matters, admissible to him immediately before the appointed day, as modified by the memorandum of settlement signed by the representatives of the management and the employees of each of the two companies on the 10th day of february, , and shall continue to do so unless and until his employment under the central government or the existing, or new, government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government, or the existing, or new, government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of either of the two companies, to the central government or the existing, or new, government company, shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 20. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the second schedule and examine the same in accordance with such order. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 14. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 where either of the two companies has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to the officers or other employees whose services have become transferred by or under this act to the central government or an existing, or a new, government company shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and shall vest in, the central government or the existing, or new, government company, as the care may be. 2 the moneys which stand transferred under subsection 1 to the central government or the existing, or new, government company, as the case may be, shall be dealt with by that government or the existing, or new, government company in such manner as may be prescribed.

section 15. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to each of the two companies, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 16. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to each of the two companies, a an amount equal to the amount specified against the name of such company in the first schedule and b an amount equal to the amounts payable to each of the two company in the first schedule and 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 separate records shall be maintained by the commissioner in respect of the undertakings of each of the two companies in relation to which payments have been made to him under this act. 4 interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the two companies

section 17. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the central government or the existing, or new, government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to either of the two companies in relation to its undertakings which have vested in the central government or the existing, or new, government company, as the case may be, and realised after the appointed day notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government, or the existing, or new, government company, as the case may be, may make a claim to the commissioner with regard to every payment made by it after the appointed day, for discharging any liability of either of the two companies, not being any liability specified in subsection 2 of section 5, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or the existing, or new, government company. 3 save as otherwise provided in this act, the liabilities of either of the two companies in respect of any transaction prior to the appointed day which have not been discharged on or before the specified date shall be the liabilities of the respective company

section 18. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : every person having a claim against either of the two companies with regard to any of the matters specified in the second schedule pertaining to any undertakings owned by it, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, be may entertain the claim within a further period of thirty days but not thereafter.

section 19. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : the claims arising out of the matters specified in the second schedule shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 21. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 after examining the claims with reference to the priorities specified in the second schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and in one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursement made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concerned company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, admit or reject by order in writing the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: provided that where a person who is a judge of a high court is appointed, to be the commissioner such appeal shall lie to the high court exercising jurisdiction over the place in which the registered office of the concerned company is situated and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 22. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and on such payment, the liability of each of the two companies in respect of such claim shall stand discharged.

section 23. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 if, out of the moneys paid to him in relation to the undertakings of either of the two companies, there is a balance left after meeting the liabilities as specified in the second schedule, the commissioner shall disburse such balance to the concerned company. 2 where the possession of any machinery, equipment or other property has vested in the central government or the existing, or new, government company under this act, but such machinery, equipment or other property does not belong to either of the two companies, it shall be lawful for the central government or the existing, or new, government company, as the case may be, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by either of the two companies immediately before the appointed day.

section 28. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm

section 24. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be, transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government but a claim to any money so transferred may he preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

section 25. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 26. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : every contract entered into by either of the two companies in relation to any of its undertakings which has vested in the central government under section 3 for any service, sale or supply, and in force immediately before the appointed, day, shall, on and from the expiry of a period of one hundred and eighty days from such day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or the existing, or new, government company and in ratifying such contract, the central government or the existing, or new, government company may make such alteration or modification therein as it may think fit: provided that the central government or the existing, or new, government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous, or has been entered into in bad faith, or is detrimental to the interests of the central government or such government company and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 31. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the manner in which the moneys in any provident fund or other fund referred to in section 14 shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 27. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : any person who, a having in his possession, custody or control any property forming part of any undertaking of either of the two companies, wrongfully withholds such property from the central government or the existing, or new, government company or b wrongfully obtains possession of, or retains, any property forming part of any undertaking of either of the two companies or c wilfully withholds or fails to furnish to the central government or the existing, or new, government company or any person or body of persons specified by that government or government company, any document relating to such undertaking, which may be in his possession, custody or control or d fails to deliver to the central government or the existing, or new, government company, as the case may be, or any person or body of persons specified by that government, or government company, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of either of the two companies or e wrongfully removes or destroys any property forming part of any undertaking of either of the two companies or prefers any claim which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 33. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the inchek tyres limited and national rubber manufacturers limited nationalisation ordinance, 4 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 29. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or the existing, or new, government company or any officer or other employee of that government or the government company or any person authorised by that government or government company for anything which is in good faith done or intended to be done under this act. 2 no suit, or other legal proceeding, shall lie against the central government or the existing, or new, government company, or any officer or other employee of that government or government company or any person authorised by that government or government company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 30. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section, section 31 or section 32, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government

section 32. of the inchek tyres limited and national rubber manufacturers limited nationalisation act : if any difficulty arises in giving effect to the provisions of this act the central government may by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 8. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of the company and the right, title and interest of the company in relation to its undertakings, there shall be paid by the central government to the company, in cash and in the manner specified in chapter vi, an amount of rupees six hundred and fifty lakhs.

The Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act, 1984

section 1. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 this act may be called the hooghly docking and engineering company limited acquisition and transfer of undertakings act, . 2 it shall be deemed to have come into force on the 28th day of june, .

section 7. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 every liability, other than the liability specified in subsection 2, of the company in respect of any period prior to the appointed day, shall be the liability of the company and shall be enforceable against it, and not against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company. 2 any liability arising in respect of advances from customers for shipbuilding and nonshipbuilding orders shall, on and from the appointed day, be the liability of the central government or of the existing, or new, government company aforesaid, and shall be discharged by that government or, as the case may be, the existing, or new, government company. 3 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this act, no liability of the company in relation to its undertakings, in respect of any period prior to the appointed day, shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the company, passed on or after the appointed day, in respect of any matter, claim or dispute, which arose before that day, shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company c no liability incurred by the company before the appointed day for the contravention of any provision of law for the time being in force shall be enforceable against the central government, or where the undertakings of the company vest in an existing, or a new, government company, against such government company.

section 2. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the date of commencement of this act b commissioner means the commissioner of payments appointed under section 15 c company means the hooghly docking and engineering company limited, being a company as defined in the companies, act, 1 of , and having its registered office at 12, mission row, calcutta d existing government company means a government company which is carrying on business on the appointed day e new government company means a government company formed and registered on or after the appointed day f notification means a notification published in the official gazette g prescribed means prescribed by rules made under this act h specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this act. i words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings, respectively, assigned to them in that act.

section 3. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : on the appointed day, the undertaking of the company, and the right, title and interest of the company in relation to its undertakings, shall, by virtue of this act, stand transferred to, and vested in, the central government.

section 10., of the undertakings of the company of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : the general superintendence, direction, control and management of the affairs and business of the undertakings of the company, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 5, vest, on and from the date specified in such direction, in the existing government company specified therein or b where a declaration has been made under subsection 1 of section 6, vest, on and from the date of such declaration, in the new government company specified therein, and thereupon the existing, or new, government company, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the company is authorised to exercise and do in relation to the undertakings owned by it.

section 6. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, where the undertakings of the company have been directed, under subsection 1 of section 5, to vest in an existing government company, the central government may, if it is satisfied that a new government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, declare, by notification, that the undertakings of the company be transferred to that new government company and on the issue of such declaration, the right, title and interest of the company in relation to its undertakings, which had been directed under subsection 1 of section 5 to vest in an existing government company, shall, instead of continuing to vest in that existing government company, vest in that new government company with effect from the date on which such declaration is made. 2 where the right, title and interest of the existing government company in relation to the undertakings of the company vest under subsection 1 in a new government company, that new government company shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings and the rights and liabilities of the existing government company in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of that new government company.

section 4. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the undertakings of the company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court, tribunal or other authority restricting the use of such properties in any manner shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property, shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in sections 8 and also out of the amount determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to the company in relation to any undertaking which has vested in the central government under section 3, at any time before the appointed day and in force immediately before that day, shall continue to be in force on and after such day in accordance with its tenor in relation to, and for the purposes of, such undertaking and on and from the date of vesting of such undertaking under section 5, in an existing government company, or under section 6, in a new government company, the existing, or new, government company, as the case may be, shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such existing, or new, government company and such existing, or new, government company shall hold it for the remainder of the period for which the company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central government under section 3, instituted or preferred by or against the company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of the company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or, where the undertakings of the company are directed, under section 5, to vest in an existing government company or become transferred by virtue of the provisions of section 6 to a new government company, by or against such government company.

section 5. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 notwithstanding anything contained in sections 3 and 4, and subject to the provisions of section 6, the central government may, if it is satisfied that an existing government company is willing to comply, or has complied, with such terms and conditions as that government may think fit to impose, direct, by notification, that the undertakings of the company, and the right, title and interest of the company in relation to its undertakings which have vested in the central government under section 3, shall, instead of continuing to vest in the central government, vest in that existing government company either on the date of publication of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest of the company in relation to its undertakings vest, under subsection 1, in an existing government company, that government company shall, on and from the date of such vesting be deemed to have become, and until the transfer of the undertakings by virtue of the provisions of section 6, to a new government company, be deemed to be, the owner in relation to such undertakings and the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become, and until the date of such transfer, be deemed to be, the rights and liabilities, respectively, of that existing government company.

section 9. payment of further amount of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the amount specified in section 8 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 2 the amount determined in accordance with the provisions of subsection 1 shall be paid by the central government to the company in addition to the amount specified in section 8. 3 for the removal of doubts, it is hereby declared that the liabilities of the company, in relation to its undertakings which have vested in the central government under section 3, shall be discharged from the amount referred to in section 8 and also from the amount determined under subsection 1 in accordance with the rights and interests of the creditors of the company.

section 13. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 every person who has been, immediately before the appointed day, employed in any undertakings of the company shall become, a on and from the appointed day, an employee of the central government and b where the undertakings of the company are vested in an existing, or a new, government company, an employee of that company on and from the date of such vesting, and shall hold office or service under the central government or the existing, or new, government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the existing, or new, government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the existing, or new, government company, as the case may be: provided that, unless any extension of service is granted to such person after the appointed day in accordance with the rules in that behalf in force for the time being, such person shall retire compulsorily from the service of the central government or the existing, or new, government company, as the case may be, a where he has attained or attains the age of fiftyeight years before, or on, or within a period of three months from, the appointed day, on the date of expiry of the said period of three months or on the date on which he shall retire compulsorily from service in accordance with the conditions of service applicable to him immediately before the appointed day, whichever date is earlier b in any other case, on his attaining the age of fiftyeight years. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the company to the central government or the existing, or new, government company, shall not entitle such officer or other employee to any compensation under this act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 11. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 on the vesting of the management of the undertakings of the company in the existing, or new, government company, all persons in charge of the management of the undertakings of the company immediately before such vesting, shall be bound to deliver to such government company, all assets, books of account, registers and other documents in their custody relating to the undertakings of the company. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the existing, or new, government company and such government company may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the company shall be conducted or in relation to any other matter arising in the course of such management.

section 12., in their possession of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 any person who has, on the appointed day, in his possession or under his control, any assets, books, documents or other papers relating to any of the undertakings owned by the company, which have vested in the central government or in the existing, or new, government company under this act, and which belong to the company or would have so belonged, if the undertakings owned by the company had not vested in the central government or such government company, shall be liable to account for the said assets, books, documents and other papers to the central government or the government company and shall deliver them up to the central government or the government company or to such person or persons as the central government or the government company may specify in this behalf. 2 the central government may take or cause to be taken all necessary steps for securing possession of the undertakings of the company which have vested in it under section 3. 3 the company shall, within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its properties and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3, and, for this purpose, the central government or the existing, or new, government company shall afford to the company all reasonable facilities.

section 19.priority of claims of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : the claims made under section 18 shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 14. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 where the company has established a provident fund, superannuation fund, welfare fund or any other fund for the benefit of the persons employed in any of the undertakings of the company, the monies relatable to the officers or other employees, whose services have become transferred, by or under this act to the central government or the existing, or new, government company, shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other fund, stand transferred to, and shall vest in, the central government or the government company, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the existing, or new, government company, as the case may be, shall be dealt with by that government or that company in such manner as may be prescribed.

section 15. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 8 and 9, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 17.certain powers of the central government or the government company of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the central government or the existing, or new, government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the company, in relation to its undertakings which have vested in the central government or such government company, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the existing, or new, government company, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or government company, after the appointed day for discharging any liability of the company in relation to any period prior to the appointed day and every such claim shall have priority in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities of the company in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the company.

section 18. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : every person having a claim against the company with regard to any of the matters specified in the schedule pertaining to the undertakings of the company shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days and not thereafter.

section 22. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and on such payment, the liability of the company in respect of such claim shall stand discharged.

section 16.payment by the central government to the commissioner of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date, pay, in cash, to the commissioner, for payment to the company a an amount equal to the amount specified in section 8, and b an amount equal to the amount payable to the company under section 9. 2 a deposit account shall be opened by the central government in favour of the commissioner, in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 records shall be maintained by the commissioner in respect of the undertakings of the company in relation to which payment has been made to him under this act. 4 the interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall ensure to the benefit of the company.

section 20.examination of claims of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order of priorities. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 21. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 after examining the claims with reference to the priorities set out in the schedule, the commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the time specified by the commissioner shall be excluded from the disbursement made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making an investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant, who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court exercising jurisdiction over the place in which the registered office of the company is situated and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 23. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 if, out of the monies paid to him in relation to the undertakings of the company, there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such balance to the company. 2 where the possession of any machinery, equipment or other property has vested in the central government or the existing, or new, government company under this act, but such machinery, equipment or other property does not belong to the company, it shall be lawful for the central government or the existing, or new, government company to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by the company immediately before the appointed day.

section 24.undisbursed or unclaimed amount to be deposited to the general revenue account of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally would up to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim, being treated as an order for the refund of revenue.

section 25. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act or in any decree or order of any court, tribunal or other authority.

section 26. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : every contract entered into by the company in relation to its undertakings, which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or the existing, or new, government company in which such undertakings have been vested under this act, and in ratifying such contract, the central government or the government company may make such alteration or modification therein as it may think fit: provided that the central government or such government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or the government company and b except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 30. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 27. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer or other employee of that government or the existing, or new, government company or other person authorised by the central government or the government company for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the existing, or new, government company or other person authorised by the central government or the government company for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 28. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section, section 31, and section 32, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 29.penalties of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of any undertakings of either the company, wrongfully withholds such property from the central government or the existing, or new, government company or b wrongfully obtains possession of, or retains, any property forming part of the undertakings of the company or c wilfully withholds or fails to furnish to the central government or the existing, or new, government company or any person or body of persons specified by that government or the government company, as the case may be, any document relating to the undertakings of the company, which may be in his possession, custody or control or d fails to deliver to the central government or the existing, or new, government company or to any person or body of persons specified by that government or the government company, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of the company or e wrongfully removes or destroys any property forming part of the undertakings of the company or f prefers any claim under this act which he knows or has reasonable cause to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees, or with both.

section 33. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1the hooghly docking and engineering company limited acquisition and transfer of undertakings ordinance, 7 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 31.power to make rules of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation shall be given to the commissioner under subsection 3 of section 4 b the manner in which the monies in any provident fund or other fund under section 14 shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 32. of the hooghly docking and engineering company limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 8. of the family courts act : where a family court has been established for any area, a no district court or any subordinate civil court referred to in subsection 1 of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the explanation to that subsection b no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter ix of the code of criminal procedure, 2 of c every suit or proceeding of the nature referred to in the explanation to subsection 1 of section 7 and every proceeding under chapter ix of the code of criminal procedure, 2 of , i which is pending immediately before the establishment of such family court before any district court or subordinate court referred to in that subsection or, as the case may be, before any magistrate under the said code and ii which would have been required to be instituted or taken before such family court if, before the date on which such suit or proceeding was instituted or taken, this act had come into force and such family court had been established, shall stand transferred to such family court on the date on which it is established.

section 1. of the family courts act : show related subordinates 1 this act may be called the family courts act, . 2 it extends to the whole of india 1 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states. 1. the words except the state of jammu and kashmir omitted by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated . 2. this act shall come into force in i union territory of andaman and nicobar islands on 19th november, ,vide notification no. 79/22/86, dated 19th november, , gazette of india, extra., pt. ii, section 1. ii madhya pradesh on 19thnovember, , vide notification no. 79/6/86, dated 14th november, , gazette of india, extra., pt. ii, section 1 iii uttar pradesh on 2ndoctober, , vide notification no. 79/11/86jus., dated 4th september, , gazette of india, pt. ii, section 1 iv delhi on 19th november, ,vide notification no. s.o. 863e, dater 18th november, , gazette of india, extra., pt. ii, section 3 ii. v maharashtra on 1st december, , vide notification no. s.o. 944e, dated 5th december, , gazette of india, extra., pt. ii, section 3ii. vi karnataka on 25th may, , vide notification no. g.s.r. 685e, dated 15th may, , gazette of india, extra., pt. ii, section 3i. vii orissa on 1st may, , vide notification no. s.o. 321e, dated 27th april, , gazette of india, extra, pt. ii, section 3ii. viii kerala on 21st october, , vide notification no. 79/5/86, dated 17th october, , gazette of india, extra., pt. ii, section 1. ix goa on 16th april, , vide notification no. s.o. 328e, dated 12th april, , gazette of india, extra., pt. ii, section 3ii. x union territory of pondicherry on 1st may, , vide notification no. g.s.r. 459 e, dated 29th april, , gazette of india, extra, pt. ii, section 3i. xi west bengal on 1st november, , vide notification no. 79/12/86jus., dated 1st november, , gazette of india, extra., pt. ii, section 1 e. xii assam on 2nd october, , vide notification no. 79/2/86jus., dated 30th november, , gazette of india, extra., pt. ii, section 1 e. xiii bihar on 10th december, , vide notification no. s.o. 838e, dated 6th december, , gazette of india, extra., pt. ii, section 3ii. xiv manipur on 3rd february, , vide notification no. s.o. 91e, dated 30th january, , gazette of india, extra., pt. ii, section 3ii. xv haryana on 2nd november, , vide notification no. s.o. 784e, dated 23th october, , gazette of india, extra., pt. ii, section 3i. xvi andhra pradesh on 15th february, , vide notification no. s.o. 92e, dated 6th february, , gazette of india, extra.. part ii, section 3 ii. xvii gujarat on 1st january, , vide notification no. s.o. e, dated 20nd december, , gazette of india, extra., pt. ii, section 3 ii. xviii union territory of daman and diu on 10th october, , vide notification no. s.o. e, dated 14th october, , gazette of india, extra., pt. ii, section 3 ii.

section 7. of the family courts act : 1 subject to the other provisions of this act, a family court shall a have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation and b be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the family court extends. explanation.the suits and proceedings referred to in this subsection are suits and proceedings of the following nature, namely: a a suit or proceeding between the parties to a marriage for a decree of nullity of marriage declaring the marriage to be null and void or, as the case may be, annulling the marriage or restitution of conjugal rights or judicial separation or dissolution of marriage b a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person c a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them d a suit or proceeding for an order or injunction in circumstance arising out of a marital relationship e a suit or proceeding for a declaration as to the legitimacy of any person f a suit or proceeding for maintenance g a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor. 2 subject to the other provisions of this act, a family court shall also have and exercise a the jurisdiction exercisable by a magistrate of the first class under chapter ix relating to order for maintenance of wife, children and parents of the code of criminal procedure, 2 of and b such other jurisdiction as may be conferred on it by any other enactment.

section 3. of the family courts act : 1 for the purpose of exercising the jurisdiction and powers conferred on a family court by this act, the state government, after consultation with the high court, and by notification, a shall, as soon as may be after the commencement of this act, established for every area in the state comprising of city or town whose population exceeds one million, a family court b may establish family courts for such other areas in the state as it may deem necessary. 2 the state government shall, after consultation with the high court, specify, by notification, the local limits of the area to which the jurisdiction of a family court shall extend and may, at any time, increase, reduce or alter such limits.

section 2. of the family courts act : in this act, unless the context otherwise requires, a judge means the judge or, as the case may be, the principal judge, additional principal judge or other judge of a family court b notification means a notification published in the official gazette c prescribed means prescribed by rules made under this act d family court means a family court established under section 3 e all other words and expressions used but not defined in this act and defined in the code of civil procedure, 5 of shall have the meanings respectively assigned to them in that code.

section 9. of the family courts act : 1 in every suit or proceeding, endeavour shall be made by the family court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subjectmatter of the suit or proceeding and for this purpose a family court may, subject to any rules made by the high court, follow such procedure as it may deem fit. 2 if, in any suit or proceeding, at any stage, it appears to the family court that there is a reasonable possibility of a settlement between the parties, the family court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement. 3 the power conferred by subsection 2 shall be in addition to, and not in derogation of, any other power of the family court to adjourn the proceedings.

section 4. of the family courts act : 1 the state government may, with the concurrence of the high court, appoint one or more persons to be the judge or judges of a family court. 2 when a family court consists of more than one judge, a each of the judges may exercise all or any of the powers conferred on the court by this act or any other law for the time being in force b the state government may, with the concurrence of the high court, appoint any of the judges to be the principal judge and any other judge to be the additional principal judge c the principal judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the court among the various judges thereof d the additional principal judge may exercise the powers of the principal judge in the event of any vacancy in the office of the principal judge or when the principal judge is unable to discharge his functions owing to absence, illness or any other cause. 3 a person shall not be qualified for appointment as a judge unless he a has for at least seven years held a judicial office in india or the office of a member of a tribunal or any post under the union or a state requiring special knowledge of law or b has for at least seven years been an advocate of a high court or of two or more such courts in succession or c possesses such other qualifications as the central government may, with the concurrence of the chief justice of india, prescribe. 4 in selecting persons for appointment as judges, a every endeavour shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counselling are selected and b preference shall be given to women. 5 no person shall be appointed as, or hold the office of, a judge of a family court after he has attained the age of sixtytwo years. 6 the salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a judge shall be such as the state government may, in consultation with the high court, prescribe.

section 5. of the family courts act : the state government may, in consultation with the high court, provide, by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a family court of a institutions or organisations engaged in social welfare or the representatives thereof b persons professionally engaged in promoting the welfare of the family c persons working in the field of social welfare and d any other person whose association with a family court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this act.

section 6. of the family courts act : 1 the state government shall, in consultation with the high court, determine the number and categories of counsellors, officers and other employees required to assist a family court in the discharge of its functions and provide the family court with such counsellors, officers and other employees as it may think fit. 2 the terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees, referred to in subsection 1, shall be such as may be specified by rules made by the state government.

section 10. of the family courts act : 1 subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 5 of and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under chapter ix of the code of criminal procedure, 2 of before a family court and for the purposes of the said provisions of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court. 2 subject to the other provisions of this act and the rules, the provisions of the code of criminal procedure, 2 of or the rules made thereunder, shall apply to the proceedings under chapter ix of that code before a family court. 3 nothing in subsection 1 or subsection 2 shall prevent a family court from laying down its own procedure with a view to arrive at a settlement in respect of the subjectmatter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.

section 15. of the family courts act : in suits or proceedings before a family court, it shall not be necessary to record the evidence of witnesses at length, but the judge, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the judge and shall form part of the record.

section 11. of the family courts act : in every suit or proceedings to which this act applies, the proceedings may be held in camera if the family court so desires and shall be so held if either party so desires.

section 19. of the family courts act : 11 save as provided in subsection 2 and notwithstanding anything contained in the code of civil procedure, 5 of or in the code of criminal procedure, 2 of or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and on law. 2 no appeal shall lie from a decree or order passed by the family court with the consent of the parties2 or from an order passed under chapter ix of the code of criminal procedure, 2 of : provided that nothing in this subsection shall apply to any appeal pending before a high court or any order passed under chapter ix of the code of criminal procedure, 2 of before the commencement of the family courts amendment act, 59 of . 3 every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a family court. 2 4 the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under chapter ix of the code of criminal procedure, 2 of for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. 3 5 except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a family court. 4 1. subs. by act 59 of , s. 2, for appeals w.e.f . 2. ins. by s.2, ibid. w.e.f. . 3. subsection 4 renumbered as subsection 5 thereof by s. 2, ibid. w.e.f. . 4. subsection 6 by the jammu and kashmir reorganization adaptation of central laws order, , vide notification no. s.o. e dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 18. of the family courts act : 1 a decree or an order other than an order under chapter ix of the code of criminal procedure, 2 of , passed by a family court shall have the same force and effect as a decree or order of a civil court and shall be executed in the same manner as is prescribed by the code of civil procedure, 5 of for the execution of decrees and orders. 2 an order passed by a family court under chapter ix of the code of criminal procedure, 2 of shall be executed in the manner prescribed for the execution of such order by that code. 3 a decree or order may be executed either by the family court which passed it or by the other family court or ordinary civil court to which it is sent for execution.

section 12. of the family courts act : in every suit or proceedings, it shall be open to a family court to secure the services of a medical expert or such person preferably a woman where available, whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the court may think fit, for the purposes of assisting the family court in discharging the functions imposed by this act.

section 13. of the family courts act : notwithstanding anything contained in any law, no party to a suit or proceeding before a family court shall be entitled, as of right, to be represented by a legal practitioner: provided that if the family court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.

section 14. of the family courts act : a family court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the indian evidence act, 1 of .

section 16. of the family courts act : 1 the evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a family court. 2 the family court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

section 17. of the family courts act : judgment of a family court shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.

section 20. of the family courts act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 23. of the family courts act : show related subordinates 1 the state government may, after consultation with the high court, by notification, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the provisions of subsection 1 such rules may provide for all or any of the following matters, namely: a the salary or honorarium and other allowances payable to, and the other terms and conditions of judges under subsection 6 of section 4 b the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in section 6 c payment of fees and expenses including travelling expenses of medical and other experts and other persons referred to in section 12 out of the revenues of the state government and the scales of such fees and expenses d payment of fees and expenses to legal practitioners appointed under section 13 as amicus curiae out of the revenues of the state government and the scales of such fees and expenses e any other matter which is required to be, or may be, prescribed or provided for by rules. 3 every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the state legislature.

section 22. of the family courts act : 1 the central government may, with the concurrence of the chief justice of india, by notification, make rules prescribing the other qualifications for appointment of a judge referred to in clause c of subsection 3 of section 4. 2 every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 21. of the family courts act : show related subordinates 1 the high court may, by notification in the official gazette, make such rules as it may deem necessary for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a normal working hours of family courts and holding of sittings of family courts on holidays and outside normal working hours b holding of sittings of family courts at places other than their ordinary places of sitting c efforts which may be made by, and the procedure which may be followed by, a family court for assisting and persuading parties to arrive at a settlement. rules notifications yeardescriptionfiles family courts rules tamil nadu act, rules of bombay high court on family courts act family courts rules, family courts ghc rules, assam family courts rules, tamil nadu family courts procedure rules, . the uttar pradesh family courts rules, yeardescriptionfiles family courts rules.

section 8. of the interstate migrant workmen regulation of employment and conditions of service act : 1 with effect from such date as the appropriate government may, by notification in the official gazette, appoint, no contractor to whom this act applies shall, a recruit any person in a state for the purpose of employing him in any establishment situated in another state, except under and in accordance with a licence issued in that behalf i if such establishment is an establishment referred to in subclause i of clause a of subsection 1 of section 2, by the licensing officer appointed by the central government who has jurisdiction in relation to the area wherein the recruitment is made ii if such establishment is an establishment referred to in subclause ii of clause a of subsection 1 of section 2, by the licensing officer appointed by the state government who has jurisdiction in relation to the area wherein the recruitment is made b employ as workmen for the execution of any work in any establishment in any state, persons from another state whether or not in addition to other workmen except under and in accordance with a licence issued in that behalf, i if such establishment is an establishment referred to in subclause i of clause a of subsection 1 of section 2, by the licensing officer appointed by the central government who has jurisdiction in relation to the area wherein the establishment is situated ii if such establishment is an establishment referred to in subclause ii of clause a of subsection 1 of section 2, by the licensing officer appointed by the state government who has jurisdiction in relation to the area wherein the establishment is situated. 2 subject to the provisions of this act, a licence under subsection 1 may contain such conditions including, in particular, the terms and conditions of the agreement or other arrangement under which the workmen will be recruited, the remuneration payable, hours of work, fixation of wages and other essential amenities in respect of the interstate migrant workmen, as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees as may be prescribed: provided that if for any special reasons, the licensing officer is satisfied that it is necessary to require any person who has applied for, or who has been issued, a licence to furnish any security for the due performance of the conditions of the licence, he may, after communicating such reasons to such person and giving him an opportunity to represent his case, determine in accordance with the rules made in this behalf the security which shall be furnished by such person for obtaining or, as the case may be, for continuing to hold the licence. 3 the security which may be required to be furnished under the proviso to subsection 2 shall be reasonable and the rules for the purposes of the said proviso shall, on the basis of the number of workmen employed, the wages payable to them, the facilities which shall be afforded to them and other relevant factors provide for the norms with reference to which such security may be determined.

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

section 1. of the interstate migrant workmen regulation of employment and conditions of service act : show related subordinates 1 this act may be called the interstate migrant workmen regulation of employment and conditions of service act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint: provided that if the central government considers it necessary or expedient so to do in the public interest, it may postpone or relax, to such extent as may be specified in such notification, the operation of all or any of the provisions of this act in any state or states for such period not extending beyond one year from the date on which this act comes into force. 4 it applies a to every establishment in which five or more interstate migrant workmen whether or not in addition to other workmen are employed or who were employed on any day of the preceding twelve months b to every contractor who employs or who employed five or more interstate migrant workmen whether or not in addition to other workmen on any day of the preceding twelve months. 1. 2nd october, , vide notification no. g.s.r. 513e, dated 11th august, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the interstate migrant workmen regulation of employment and conditions of service act : the appropriate government may, by order notified in the official gazette, a appoint such persons, being officers of government, as it thinks fit to be registering officers for the purposes of this chapter and b define the limits, within which a registering officer shall exercise the powers conferred on him by or under this act.

section 7. of the interstate migrant workmen regulation of employment and conditions of service act : the appropriate government may, by order notified in the official gazette, a appoint such persons, being officers of government, as it thinks fit to be licensing officers for the purposes of this chapter and b define the limits, within which a licensing officer shall exercise the jurisdiction and powers conferred on licensing officers by or under this act.

section 6. of the interstate migrant workmen regulation of employment and conditions of service act : no principal employer of an establishment to which this act applies shall employ interstate migrant workmen in the establishment unless a certificate of registration in respect of such establishment issued under this act is in force: provided that nothing in this section shall apply to any establishment in respect of which an application for registration made within the period fixed, whether originally or on extension under subsection 1 of section 4 is pending before a registering officer and for the purposes of this proviso, an application to which the provisions of subsection 3 of section 4 apply shall be deemed to be pending before the registering officer concerned till the certificate of registration is issued in accordance with the provisions of that subsection.

section 9. of the interstate migrant workmen regulation of employment and conditions of service act : 1 every application for the grant of a licence under subsection 1 of section 8 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which interstate migrant workmen are to be employed and such other particulars as may be prescribed. 2 the licensing officer may make such investigation in respect of the application received under subsection 1 and in making any such investigation, the licensing officer shall follow such procedure as may be prescribed. 3 a licence granted under section 8, shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed.

section 4. of the interstate migrant workmen regulation of employment and conditions of service act : 1 every principal employer of an establishment to which this act applies shall, within such period as the appropriate government may, by notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and manner and on payment of such fees as may be prescribed, for the registration of the establishment: provided that the registering officer may entertain any such application for registration after the expiry of the period fixed in that behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. 2 within one month after the receipt of an application for registration under subsection 1, the registering officer shall, a if the application is complete in all respects, register the establishment and issue to the principal employer of the establishment a certificate of registration in the prescribed form and b if the application is not so complete, return the application to the principal employer of the establishment. 3 where within a period of one month after the receipt of an application for registration of an establishment under subsection 1, the registering officer does not grant under clause a of subsection 2 the certificate of registration applied for and does not return the application under clause b of that subsection, the registering officer shall, within fifteen days of the receipt of an application in this behalf, from the principal employer, register the establishment and issue to the principal employer a certificate of registration in the prescribed form.

section 5. of the interstate migrant workmen regulation of employment and conditions of service act : if the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact or that for any other reason, the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate government, revoke by order in writing the registration and communicate the order to the principal employer: provided that where the registering officer considers it necessary so to do for any special reasons, he may, pending such revocation, by order suspend the operation of the certificate of registration for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the principal employer and such order shall take effect on the date on which such service is effected.

section 2. of the interstate migrant workmen regulation of employment and conditions of service act : 1 in this act, unless the context otherwise requires, a appropriate government means, i in relation to 1 any establishment prtaining to any industry carried on by or under the authority of the central government or pertaining to any such controlled industry as may be specified in this behalf by the central government or 2 any establishment of any railway, cantonment board, major port, mine or oilfield or 3 any establishment of a banking or insurance company, the central government ii in relation to any other establishment, the government of the state in which that other establishment is situated b contractor, in relation to an establishment, means a person who undertakes whether as an independent contractor, agent, employee or otherwise to produce a given result for the establishment, other than mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and includes a subcontractor, khatadar, sardar, agent or any other person, by whatever name called, who recruits or employs workmen c controlled industry means any industry the control of which by the union has been declared by any central act to be expedient in the public interest d establishment means i any office or department of the government or a local authority or ii any place where any industry, trade, business, manufacture or occupation is carried on e interstate migrant workman means any person who is recruited by or through a contractor in one state under an agreement or other arrangement for employment in an establishment in another state, whether with or without the knowledge of the principal employer in relation to such establishment f prescribed means prescribed by rules made under this act g principal employer means, i in relation to any office or department of the government or a local authority, the head of that office, department or authority or such other officer as the government or the local authority, as the case may be, may specify in this behalf ii in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 63 of , the person so named iii in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named iv in relation to any other establishment, any person responsible for the supervision and control of the establishment. explanation.for the purposes of subclause iii of this clause, the expressions mine, owner and agent shall have the meanings respectively assigned to them in clause j, clause l and clause c of subsection 1 of section 2 of the mines act, 35 of h recruitment includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly i wages shall have the meaning assigned to it in clause vi of section 2 of the payment of wages act, 4 of j workman means any person employed in or in connection with the work of any establishment to do any skilled, semiskilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person i who is employed mainly in a managerial or administration capacity or ii who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 10. of the interstate migrant workmen regulation of employment and conditions of service act : 1 if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that a a licence granted under section 8 has been obtained by misrepresentation or suppression of any material fact, or b the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this act or the rules made hereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity to be heard, by order in writing, revoke the licence or forfeit the security furnished by him under the proviso to subsection 2 of section 8 or any part thereof and communicate the order to the holder of the licence: provided that where the licensing officer considers it necessary so to do for any special reasons, he may, pending such revocation or forfeiture, by order, suspend the operation of the licence for such period as may be specified in the order and serve, by registered post, such order along with a statement of the reasons on the holder of the licence and such order shall take effect on the date on which such service is effected. 2 subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 8.

section 17. of the interstate migrant workmen regulation of employment and conditions of service act : 1 a contractor shall be responsible for payment of wages to each interstate migrant workman employed by him and such wages shall be paid before the expiry of such period as may be prescribed. 2 every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. 3 it shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. 4 in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of the wages in full or the unpaid balance due, as the case may be, to the interstate migrant workman employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

section 11. of the interstate migrant workmen regulation of employment and conditions of service act : 1 any person aggrieved by an order made under section 4, section 5, section 8 or section 10 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate government: provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.

section 12. of the interstate migrant workmen regulation of employment and conditions of service act : 1 it shall be the duty of every contractor a to furnish such particulars and in such form as may be prescribed, to the specified authority in the state from which an interstate migrant workman is recruited and in the state in which such workman is employed, within fifteen days from the date of recruitment, or, as the case may be, the date of employment, and where any change occurs in any of the particulars so furnished, such change shall be notified to the specified authorities of both the states b to issue to every interstate migrant workman, a pass book affixed with a passport size photograph of the workman and indicating in hindi and english languages, and where the language of the workman is not hindi or english, also in the language of the workman, i the name and place of the establishment wherein the workman is employed ii the period of employment iii the proposed rates and modes of payment of wages iv the displacement allowance payable v the return fare payable to the workman on the expiry of the period of his employment and in such contingencies as may be prescribed and in such other contingencies as may be specified in the contract of employment vi deductions made and vii such other particulars as may be prescribed c to furnish in respect of every interstate migrant workman who ceases to be employed, a return in such form and in such manner as may be prescribed, to the specified authority in the state from which he is recruited and in the state in which he is employed, which shall include a declaration that all the wages and other dues payable to the workman and the fare for the return journey back to his state have been paid. 2 the contractor shall maintain the pass book referred to in subsection 1 uptodate and cause it to be retained with the interstate migrant workman concerned. explanation.for the purposes of this section and section 16 specified authority means such authority as may be specified by the appropriate government in this behalf.

section 15. of the interstate migrant workmen regulation of employment and conditions of service act : a journey allowance of a sum not less than the fare from the place of residence of the interstate migrant workman in his state to the place of work in the other state shall be payable by the contractor to the workman both for the outward and return journeys and such workman shall be entitled to payment of wages during the period of such journeys as if he were on duty.

section 14. of the interstate migrant workmen regulation of employment and conditions of service act : 1 there shall be paid by the contractor to every interstate migrant workman at the time of recruitment, a displacement allowance equal to fifty per cent. of the monthly wages payable to him or seventyfive rupees, whichever is higher. 2 the amount paid to a workman as displacement allowance under subsection 1 shall not be refundable and shall be in addition to the wages or other amounts payable to him.

section 16. of the interstate migrant workmen regulation of employment and conditions of service act : it shall be the duty of every contractor employing interstate migrant workmen in connection with the work of an establishment to which this act applies, a to ensure regular payment of wages to such workmen b to ensure equal pay for equal work irrespective of sex c to ensure suitable conditions of work to such workmen having regard to the fact that they are required to work in a state different from their own state d to provide and maintain suitable residential accommodation to such workmen during the period of their employment e to provide the prescribed medical facilities to the workmen, free of charge f to provide such protective clothing to the workmen as may be prescribed and g in case of fatal accident or serious bodily injury to any such workman, to report to the specified authorities of both the states and also the next of kin of the workman.

section 13. of the interstate migrant workmen regulation of employment and conditions of service act : 1 the wage rates, holidays, hours of work and other conditions of service of an interstate migrant workman shall, a in a case where such workman performs in any establishment, the same or similar kind of work as is being performed by any other workman in that establishment, be the same as those applicable to such other workman and b in any other case, be such as may be prescribed by the appropriate government: provided that an interstate migrant workman shall in no case be paid less than the wages fixed under the minimum wages act, 11 of . 2 notwithstanding anything contained in any other law for the time being in force, wages payable to an interstate migrant workman under this section shall be paid in cash.

section 21. of the interstate migrant workmen regulation of employment and conditions of service act : for the purposes of the enactments specified in the schedule, an interstate migrant workman shall, on and from the date of his recruitment, be deemed to be employed and actually worked in the establishment or, as the case may be, the first establishment in connection with the work of which he is employed.

section 18. of the interstate migrant workmen regulation of employment and conditions of service act : 1 if any allowance required to be paid under section 14 or section 15 to an interstate migrant workman employed in an establishment to which this act applies is not paid by the contractor or if any facility specified in section 16 is not provided for the benefit of such workman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within such time as may be prescribed. 2 all the allowances paid by the principal employer or all the expenses incurred by him in providing the facility referred to in subsection 1 may be recovered by him from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

section 19. of the interstate migrant workmen regulation of employment and conditions of service act : it shall be the duty of every contractor and every principal employer to ensure that any loan given by such contractor or principal employer to any interstate migrant workman does not remain outstanding after the completion of the period of employment of such workman under the said contractor or, as the case may be, in the establishment of such principal employer and accordingly every obligation of an interstate migrant workman to repay any debt obtained by him during the period of his employment from the contractor or the principal employer and remaining unsatisfied before the completion of such period shall, on such completion, be deemed to have been extinguished and no suit or other proceeding shall lie in any court or before any authority for the recovery of such debt or any part thereof.

section 20. of the interstate migrant workmen regulation of employment and conditions of service act : 1 the appropriate government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local limits within which they shall exercise their powers under this act. 2 subject to any rules made in this behalf, within the local limits for which he is appointed, an inspector may a if he has reason to believe that any interstate migrant workmen are employed in any premises or place, enter, at all reasonable hours, with such assistants if any, being persons in the service of the government or any local or other public authority as he thinks fit, such premises or place for the purpose of i satisfying himself whether the provisions of this act in relation to the payment of wages, conditions of service, or facilities to be provided to such workmen are being complied with ii examining any register or record or notices required to be kept or exhibited by the provisions of this act or the rules made thereunder, and requiring the production thereof for inspection b examine any person found in any such premises or place for the purpose of determining whether such person is an interstate migrant workman c require any person giving out work to any workman, to give any information, which is in his power to give, with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work d seize or take copies of such register, record of wages, or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by a principal employer or contractor, and e exercise such other powers as may be prescribed. 3 notwithstanding anything contained in subsections 1 and 2, if a state government considers it necessary for the purpose of satisfying itself that the provisions of this act are being complied with in respect of any workmen belonging to that state and employed in an establishment situated in another state, it may, by order in writing, appoint such persons, being persons in the service of that government, for the exercise of such of the powers mentioned in subsection 2, as may be specified in that order: provided that no such order shall be issued without the concurrence of the government of the state in which such workmen are employed or where the establishment is an establishment referred to in subclause i of clause a of subsection 1 of section 2, without the concurrence of the central government. 4 any person required to produce any document or thing, or to give any information required, by an inspector under subsection 2, or by a person appointed under subsection 3, shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code 45 of . 5 the provisions of the code of criminal procedure, 2 of , shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code.

section 22. of the interstate migrant workmen regulation of employment and conditions of service act : 1 notwithstanding anything contained in the industrial disputes act. 14 of , any dispute or difference in connection with the employment or nonemployment or the terms of employment or the conditions of labour, of an interstate migrant workman hereafter in this section referred to as the industrial dispute, may, a if the industrial dispute is relatable to an establishment referred to in subclause i of clause a of subsection 1 of section 2, be referred under the provisions of the said act, by the central government to any of the authorities referred to in chapter ii of that act hereafter in this section referred to as the said authorities, i in the state wherein the establishment is situated ii in the state wherein the recruitment of such workman was made if he makes an application in that behalf to that government on the ground that he has returned to that state after the completion of his employment b if the industrial dispute is relatable to an establishment referred to in subclause ii of clause a of subsection 1 of section 2, i be referred under the provisions of the said act, by the government of the state wherein the establishment is situated, to any of the said authorities in that state or ii be referred under the provisions of the said act, by the government of the state wherein the recruitment of such workman was made to any of the said authorities in that state, if he makes an application in that behalf to that government on the ground that he has returned to that state after the completion of his employment: provided that a no application referred to in subclause ii of clause a or subclause ii of clause b shall be entertained after the expiry of a period of six months from the date of his return to the state wherein the recruitment was made after the completion of his employment, unless the government concerned is satisfied that the applicant was prevented by sufficient cause from making the application within that period b no reference under the said subclause ii of clause b shall be made except after obtaining the concurrence of the government of the state wherein the establishment concerned is situated. 2 without prejudice to the provisions of section 33b of the industrial disputes act, 14 of , where during the pendency of any proceeding in respect of an industrial dispute under that act before any of the said authorities in the state wherein the establishment is situated, an application is made to that authority by an interstate migrant workman for the transfer of such proceeding to a corresponding authority in the state wherein his recruitment was made on the ground that he has returned to that state after the completion of his employment, that authority shall forward the application to the central government, or, as the case may be, to the government of the state wherein such recruitment was made and transfer such proceeding in the prescribed manner to such authority as may be specified in this behalf by that government: provided that in a case where no authority has been specified by the government concerned within the prescribed period, the authority before which the proceeding is pending shall, on a request being made by the interstate migrant workman and after obtaining the previous approval of the government which referred the dispute to that authority, forward such proceeding to the government concerned for reference of such dispute to an authority in the state wherein such recruitment was made. 3 without prejudice to the provisions of subsection 2, if the central government is satisfied that it is expedient in the interests of justice so to do, it may, by order in writing and for reasons to be stated therein, withdraw any proceeding in respect of any industrial dispute relating to an interstate migrant workman pending before an authority in the state in which the establishment concerned is situated and transfer the same to such authority in the state wherein the recruitment of such workman was made as may be specified in the order. 4 the authority to which any proceeding is transferred under this section may proceed either de novo or from the stage at which it was so transferred.

section 24. of the interstate migrant workmen regulation of employment and conditions of service act : 1 whoever obstructs an inspector or a person appointed under subsection 3 of section 20 hereinafter referred to as unauthorised person in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector or authorised person any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an establishment to which, or a contractor to whom, this act applies, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both. 2 whoever wilfully refuses to produce on the demand of any inspector or authorised person any register or other document kept in pursuance of this act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by any inspector or authorised person acting in pursuance of his duties under this act, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 23. of the interstate migrant workmen regulation of employment and conditions of service act : 1 every principal employer and every contractor shall maintain such registers and records giving such particulars of the interstate migrant workmen employed, the nature of work performed by such workmen, the rates of wages paid to the workmen and such other particulars in such form as may be prescribed. 2 every principal employer and every contractor shall keep exhibited in such manner as may be prescribed within the premises of the establishment where the interstate migrant workmen are employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed.

section 25. of the interstate migrant workmen regulation of employment and conditions of service act : whoever contravenes any provisions of this act or of any rules made thereunder regulating the employment of interstate migrant workmen, or contravenes any condition of a licence granted under this act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

section 27. of the interstate migrant workmen regulation of employment and conditions of service act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 29. of the interstate migrant workmen regulation of employment and conditions of service act : no court shall take cognizance of an offence punishable under this act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the inspector or authorised person concerned: provided that where the offence consists of disobeying a written order made by an inspector or authorised person, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

section 26. of the interstate migrant workmen regulation of employment and conditions of service act : if any person contravenes any of the provisions of this act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

section 28. of the interstate migrant workmen regulation of employment and conditions of service act : no court shall take cognizance of any offence under this act except on a complaint made by, or with the previous sanction in writing of, an inspector or authorised person and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act.

section 31. of the interstate migrant workmen regulation of employment and conditions of service act : the appropriate government may, by notification in the official gazette and subject to such conditions and restrictions, if any, and for such period or periods as may be specified in the notification, direct that all or any of the provisions of this act or the rules made thereunder shall not apply to or in relation to any establishment or class of establishments or any contractor or class of contractors or any interstate migrant workmen in such establishment or class of such workmen, if that government is satisfied that it is just and proper so to do having regard to the methods of recruitment and the conditions of employment in such establishment or class of establishments and all other relevant circumstances.

section 30. of the interstate migrant workmen regulation of employment and conditions of service act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this act: provided that where under any such law, agreement, contract of service or standing orders, the interstate migrant workmen employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this act, the interstate migrant workmen shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed as precluding any interstate migrant workmen from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this act.

section 36. of the interstate migrant workmen regulation of employment and conditions of service act : 1 the orissa dadan labour control and regulation act, orissa act 42 of and any law corresponding to this act, in force in any state, shall stand repealed. 2 notwithstanding such repeal, anything done or any action taken under the provisions of the act or law so repeated shall, in so far as such thing or action is not inconsistent with the provisions of this act, be deemed to have been done or taken under the provisions of this act as if the said provisions were in force when such thing was done or such action was taken and shall continue to be in force accordingly until superseded by anything done or any action taken under this act.

section 33. of the interstate migrant workmen regulation of employment and conditions of service act : the central government may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act.

section 32. of the interstate migrant workmen regulation of employment and conditions of service act : 1 no suit, prosecution or other legal proceedings shall lie against any registering officer, licensing officer or any other employee of the government for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceedings shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or notification or order made or issued thereunder.

section 34. of the interstate migrant workmen regulation of employment and conditions of service act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of two years from the date on which this act comes into force. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 35. of the interstate migrant workmen regulation of employment and conditions of service act : 1 the appropriate government may, subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and mariner in which an application for the registration of an establishment may be made under section 4, the fees payable thereon and the form of a certificate of registration issued under that section b the form in which an application for the grant or renewal of a licence may be made under section 9 and the particulars it may contain c the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence d the form of a licence which may be granted or renewed under this act, the conditions subject to which the licence may be granted or renewed, the fees payable for the grant or renewal of a licence and the security, if any, required to be furnished for the due performance of the conditions of the licence e the circumstances under which licences may be varied or amended under section 10 f the form and the manner in which appeals may be filed under section 11 and the procedure to be followed by appellate officers in disposing of the appeals g the wage rates, holidays, hours of work and other conditions of service which an interstate migrant workman is entitled under section 13 h the period within which wages payable to interstate migrant workmen should be paid by the contractor under subsection 1 of section 17 and the manner of certification of such payment under subsection 2 thereof i the time within which allowances or facilities required by this act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer under section 18 j the powers that may be exercised by inspectors under section 20 k the form of registers and records to be maintained, and the particulars and information to be contained in notices to be exhibited, by the principal employers and contractors under section 23 l the manner of submission of returns, and the forms in which, and the authorities to which, such returns may be submitted m legal aid to interstate migrant workmen n any other matter which is required to be, or may be, prescribed under this act. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the coconut development board act : 1 on the establishment of the board, it shall be lawful for the central government to transfer to the board, by order, and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the directorate of coconut development immediately before the date on which the board is established: provided that the scale of pay of the post to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service including pension, leave, provident fund and medical benefits of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer: provided further that if, immediately before the date of his transfer, any such officer or other employee is officiating in a higher post under the central government either in a leave vacancy or in any vacancy of specified duration, his pay and other allowances, if any, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the central government to which he would have reverted. 2 before any order is issued under subsection 1, all officers and other employees of the directorate of coconut development shall be give an option in such forms as may be prescribed, and within such time as may be specified in that behalf by the central government, to express their willingness or otherwise to become employees of the board and such option once exercised shall be final: provided that no order under subsection 1 shall be made in relation to any officer or other employee of the directorate of coconut development who has intimated his intention of not becoming an employee of the board within the time specified in that behalf: provided further that such of the persons employed by the central government in the said directorate, who do not express, within the time specified in that behalf, their intention of becoming the employees of the board, shall be dealt with in the same manner and in accordance with the same rules as would apply to the employees of the central government in the event of the reduction of the strength of the department in which such persons have been employed. 3 an officer or other employee transferred by an order made under subsection 1 shall, on and from the date of transfer, cease to be an employee of the central government and become an officer or other employee of the board with such designation as the board may determine and shall, subject to the provisions of the first and second provisos to subsection 1, be governed by the regulations made by the board under this act in respect of remuneration and other conditions of service including pension, leave, provident fund and medical benefits and shall continue to be an officer or other employee of the board unless and until his employment is duly terminated by the board: provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the board, the relevant rules and orders framed by the central government shall continue to be applicable to such officers or other employees. 4 if a question arises whether the terms and conditions of service prescribed in the regulations framed by the board in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the board, the decision of the central government in the matter shall be final.

section 1. of the coconut development board act : show related subordinates 1 this act may be called the coconut development board act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 12th january, , vide notification no. g.s.r. 13e, dated 12th january, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the coconut development board act : it is hereby declared that it is expedient in the public interest that the union should take under its control the coconut industry.

section 4.establishment and constitution of the board of the coconut development board act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette appoint in this behalf, there shall be established for the purposes of this act, a board to be called the coconut development board. 2the board shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3the head office of the board shall be at such place as the central government may, by notification in the official gazette, specify. 4the board shall consist of the following members, namely: 1a anonexecutive chairman, to be appointed by the central government aa the chief executive officer, to be appointed by the central government ab the joint secretary to the government of india, incharge of mission for integrated development of horticulture, ex officio b 2 the horticulture commissioner to the government of india, ex officio cthe director, central plantation crops research institute indian council of agricultural research, ex officio dthe chairman of the coir board constituted under section 4 of the coir industry act, 45 of ,ex officio ethree members of parliament of whom two shall be elected by the house of the people and one by the council of states ftwo members to be appointed by the central government to represent respectively the ministries of the central government dealing with irevenue and 3iiconsumer affairs 4g four members to be appointed by the central government one each to represent the governments of the states of andhra pradesh, karnataka, kerala and tamil nadu, being states where coconut is grown on a large scale h four members to be appointed by the central government by rotation in the alphabetical order to represent the states of assam, bihar, chhattisgarh, goa, gujarat, maharashtra, nagaland, odisha, telengana, tripura, west bengal and the union territories of andaman and nicobar islands, lakshadweep and puducherry i six members to be appointed by the central government, two to represent the coconut growers of the state of kerala and one each to represent the coconut growers of the states of andhra pradesh, gujarat karnataka and tamil nadu jone member to be appointed by the central government to represent the coconut processing industry ktwo members to be appointed by the central government to represent such other interests connected with the coconut industry as, in the opinion of that government, ought to be represented: provided that every appointment under clauses g and h shall be made on there commendation of the state government or, as the case may be, of the union territory concerned. 5the board shall elect, from amongst its members, a vicechairman who shall exercise such of the powers and perform such of the functions of the chairman as may be prescribed or as may be delegated to him by the chairman. 6the term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 7any officer of the central government, not being a member of the board, when deputed by that government in this behalf, shall have the right to attend the meetings of the board and take part in the proceedings thereof but shall not be entitled to vote. 8the board may associate with itself in such manner, subject to such conditions and for such purposes as may be prescribed, any person whose assistance or advice it may desire in complying with any of the provisions of this act and a person so associated shall have the right to take part in the discussions of the board relevant to the purposes for which he has been associated but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be fixed by the central government. 9no act or proceeding of the board or any committee appointed by it under section9 shall be invalidated merely by reason of aany vacancy in, or any defect in the constitution of, the board or such committee or bany defect in the appointment of a person acting as a member of the board or such committee or cany irregularity in the procedure of the board or such committee not affecting the merits of the case. 10the board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations made by the board under this act. 1.subs. by act 22 of , s. 3, for clause a w.e.f. . 2. subs. by act 21 of , s. 2, for the agriculture commissioner w.e.f. . 3.subs. by act 22 of , s. 3, for subclause ii w.e.f. . 4.subs. by s. 3, ibid., for clauses g, h and i w.e.f. .

section 7.officers of the board and other staff of the coconut development board act : show related subordinates 11 there shall be a chief executive officer of the board, not below the rank of joint secretary to the government of india, to be appointed by the central government. 1a the chief executive officer shall exercise such powers and perform such duties as may be prescribed. 1b the salaries and allowances payable to, and other conditions of service of, the chief executive officer shall be such as may be prescribed. 2 the central government shall appoint a chief coconut development officer to exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the 2chief executive officer. 3 the chief coconut development officer appointed under subsection 2 shall have the right to attend the meetings of the board and its committees appointed under section 9 and take part in the proceedings thereof but shall not be entitled to vote. 4 the central government shall appoint a secretary to the board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the board or the chairman 3or the chief executive officer. 5 4the chief executive officer, the chief coconut development officer and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 6 subject to such control and restrictions as may be prescribed, the board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and the method of appointment, the conditions of service and the scales of pay and allowances of such other officers and employees of the board shall be such as may be provided by the board by regulations made under this act. 7 5the chief executive officer, the chief coconut development officer, the secretary and other officers and employees of the board shall not undertake any work unconnected with their duties under this act except with the permission of the central government. 1. subs. by s. 5, ibid., for subsection 1 w.e.f. . 2.subs. by s. 5, ibid., for chairman w.e.f. . 3. ins. by s. 5, ibid. w.e.f. . 4.subs. by s. 5, ibid., for the chief coconut development officer w.e.f. . 5.subs. by act 22 of , s. 5, for the chairman w.e.f. .

section 3. of the coconut development board act : show related subordinates in this act, unless the context otherwise requires, a board means the coconut development board established under section 4 1b chairman means the nonexecutive chairman of the board appointed under clause a of subsection 4 of section 4 ba chief executive officer means the chief executive officer of the board appointed under subsection 1 of section 7 c coconut means the fruit of coconut palm and includes green coconut, ripe coconut and copra. explanation.coconut palm means the coconut tree, cocosnucifera linn d coconut industry does not include i coir industry or ii an industry from which products including byproducts out of coconut oil are manufactured e member means a member of the board and includes the chairman f prescribed means prescribed by rules made under this act. 1.subs. by act 22 of , s. 2, for clause b w.e.f. .

section 5. of the coconut development board act : 15. allowances payable to chairman and members.the chairman and members of the board shall receive such allowances as may be fixed by the central government. 1. subs. by act 22 of , s. 4, for section 5 w.e.f. .

section 6.resignation of members of the coconut development board act : a member, other than an ex officio member, may resign his office by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his office.

section 11. of the coconut development board act : 1 the central government may, by notification in the official gazette and for reasons to be specified therein, direct that the board shall be dissolved from such date and for such period as may be specified in the notification: provided that before issuing any such notification, the central government shall give a reasonable opportunity to the board to make representations against the proposed dissolution and shall consider the representations, if any, of the board. 2 when the board is dissolved under the provisions of subsection 1 a all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such member b all powers and duties of the board shall, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in this behalf and their remuneration shall be such as may be prescribed c all funds and other properties vested in the board shall, during the period of dissolution, vest in the central government and d as soon as the period of dissolution expires, the board shall be reconstituted in accordance with the provisions of this act.

section 9. of the coconut development board act : show related subordinates 1 the board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the board shall have the power to coopt as members of any committee appointed under subsection 1 such number of persons who are not members of the board as it may think fit and the persons so coopted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote. 3 the persons coopted as member of a committee under subsection 2 shall be entitled to receive such allowances or fees for attending meetings of the committee as may be fixed by the central government. rules regulations yeardescriptionfiles the coconut development board rules, yeardescriptionfiles the coconut development board regulations,

section 14. of the coconut development board act : 1 the board may, for the purposes of carrying out its functions under this act, and with the previous approval of, and subject to the directions of the central government, borrow money from a the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein b any bank or other institution c such other authority, organisation or institution as may be approved by the central government in this behalf. 2 the central government may guarantee the repayment of the monies borrowed by the board under subsection 1 and the payment of interest thereon and other incidental charges.

section 10. of the coconut development board act : show related subordinates 1 it shall be the duty of the board to promote, by such measures as it thinks fit, the development under the control of the central government of the coconut industry. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for a adopting measures for the development of coconut industry so that farmers, particularly small farmers, may become participants in, and beneficiaries of, the development and growth of coconut industry b recommending measures for improving the marketing of coconut and its products1within or outside india c imparting technical advice to any person who is engaged in the cultivation of coconut or the processing or marketing of coconut and its products d providing financial or other assistance for the development of high yielding coconut hybrids, adoption of improved methods of cultivation of coconut, modern technology for processing of coconut and extension of areas under coconut cultivation including replanting with a view to improving the growth of coconut industry e adopting such measures as may be practicable for assisting coconut growers to get incentive prices including recommending as and when necessary, minimum and maximum prices for coconut and its products f recommending measures for regulating import and export of coconut and its products g collecting statistics from growers of coconut, dealers in coconut, manufacturers of coconut products and such other persons and institutions as may be prescribed, on any matter relating to coconut industry and publishing the statistics so collected or portions thereof or extracts therefrom h fixing grades, specifications and standards for coconut and its products i financing suitable schemes in consultation with the central government and the governments of the states where coconut is grown 2, so as to increase the production of coconut and to improve its quality and yield and for this purpose evolving schemes for award of prizes or grant of incentives to growers of coconut and the manufacturers of its products and for providing marketing facilities for coconut and its products j assisting, encouraging, promoting or financing agricultural, technological, industrial or economic research on coconut and its products in such manner as the board may deem fit by making use of available institutions k undertaking such publicity and publishing such periodicals, books or bulletins, on the research and development of coconut and its products, as may be found necessary l setting up of regional offices and other agencies for the promotion and development of production, grading and marketing of coconut and its products in coconut growing states and union territories for the efficient discharge of the functions and objectives of the board m such other measures as may, having regard to the purposes of this act, be prescribed by the central government in consultation with the governments of the states where coconut is grown on a large scale 3 the board shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the central government. 1.subs. by act 22 of , s. 6, for in india w.e.f. . 2.the words on a large scale omitted by s. 6, ibid. w.e.f. .

section 12. of the coconut development board act : the central government may, after due appropriation made my parliament by law in this behalf, pay to the board by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 16. of the coconut development board act : the board shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 13. of the coconut development board act : show related subordinates 1 there shall be formed a fund to be called the coconut development fund and there shall be credited thereto 1 b any grants or loans granted by the central government for the purposes of this act c any grants or loans that may be made by any person for the purposes of this act including loans under section 14 d any grants or donations from state governments, voluntary organisations or other institutions: provided that no such grant, loan or donation shall be credited to the fund except with prior approval of the central government. 2 the fund shall be applied a for meeting the cost of the measures referred to in section 10 b for meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the board c for meeting the other administrative expenses of the board and any other expenses authorised by or under this act d for repayment of any loans. 1. clause a omitted by act 4 of , s. 10 w.e.f. . rules yeardescriptionfiles the coconut development board rules,

section 15. accounts and audit. of the coconut development board act : show related subordinates 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the controller and auditorgeneral of india. 2 the accounts of the board shall be audited by the controller and auditorgeneral of india at such intervals as may be specified by his and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament. rules yeardescriptionfiles the coconut development board rules,

section 17. of the coconut development board act : 1 the board shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the coconut industry, as the central government may, from time to time, require. 2 the board shall furnish a programme of its activities for each financial year to the central government for their information and directions, if any. 3 without prejudice to the provisions of subsection 1, the board shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 4 a copy of the report received under subsection 3 shall be laid, as soon as may be, after it is received, before each house of parliament.

section 21. of the coconut development board act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 20. of the coconut development board act : show related subordinates 1 the board may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: a the times and places at which meetings of the board or any committee thereof, shall be held and the procedure to be followed thereat, and the number of members which shall form a quorum at a meeting under subsection 10 of section 4 b the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the board under subsection6 of section 7 c generally, for the efficient conduct of the affairs of the board. 3 the central government may, by notification in the official gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such modified form or be of no effect, as the case may be so however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission.

section 19. of the coconut development board act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the powers which may be exercised and functions which may be performed by the vicechairman of the board under subsection 5 of section 4 b the term of office of the members, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members, under subsection 6 of section 4 c the manner in which and the purposes for which any person may be associated by the board under subsection 8 of section 4 1d the powers to be exercised and the duties to be performed by the chief executive officer under subsection 1a of section 7 da the salaries and allowances payable to, and other conditions of service of, the chief executive officer under subsection 1b of section 7 e the powers which may be exercised and the duties which may be performed by the chief coconut development officer of the board under subsection 2 of section 7 f the powers which may be exercised and the duties which may be performed by the secretary of the board under subsection 4 of section 7 g the control and restrictions subject which officers and other employees may be appointed by the board under subsection 6 of section 7 h the form in which option may be given by the officers and other employees of the directorate of coconut development under subsection 2 of section 8 i the collection of statistics in respect of any matter relating to coconut industry under clause g of subsection 2 of section 10 j the matters in respect of which the board may undertake measures in the discharge of its functions under clausem of subsection 2 of section 10 k the remuneration and other allowances payable to the person or persons referred to in clause b of subsection 2 of section 11 l the form in which the accounts of the board shall be maintained under subsection 1 of section 15 m the form and manner in which and the time at which the board may furnish returns and reports to the central government under subsection 1 of section 17 n the form in which and the date before which the board shall furnish to the central government the report of its activities and programmes under subsection 3 of section 17 o any other matter which has to be, or may be, prescribed by rules under this act. 1. subs. by act 22 of , s. 7, for clause d w.e.f. .

section 18. of the coconut development board act : no suit, prosecution or other legal proceedings shall lie against the central government, or the board or any committee appointed by it, or any member of the board or such committee, or any officer or other employee of the central government or of the board or any other person authorised by the central government or the board, for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 1. of the terrorist affected areas special courts act : 1 this act may be called the terrorist affected areas special courts act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 14th day of july, . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 8. of the terrorist affected areas special courts act : 1 when trying any scheduled offence, a special court may also try any offence other than the scheduled offence with which the accused may, under the code, be charged at the same trial if the offence is connected with the scheduled offence. 2 if, in the course of any trial under this act, it is found that the accused person has committed any offence, the special court may, whether such offence is or is not a scheduled offence, convict such person of such offence and pass any sentence authorised by law for the punishment thereof.

section 2. of the terrorist affected areas special courts act : 1 in this act, unless the context otherwise requires, a code means the code of criminal procedure, 2 of b high court, in relation to a special court, means the high court within the territorial limits of whose jurisdiction such special court is proposed to be, or is, established c judicial zone means a judicial zone constituted under subsection 1 of section 3 d notification means a notification published in the official gazette e public prosecutor means a public prosecutor or an additional public prosecutor or a special public prosecutor appointed under section 9 and includes any person acting under the directions of the public prosecutor f scheduled offence means an offence specified in the schedule being an offence committed in a terrorist affected area g special court means a special court or an additional special court established under section 4 h terrorist means a person who indulges in wanton killing of persons or in violence or in the disruption of services or means of communications essential to the community or in damaging property with a view to i putting the public or any section of the public in fear or ii affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities or iii coercing or overawing the government established by law or iv endangering the sovereignty and integrity of india i terrorist affected area means an area declared as a terrorist affected area under section 3 j words and expressions used but not defined in this act and defined in the code shall have the meanings respectively assigned to them in the code. 2 any reference in this act to the code or any provision thereof shall, in relation to an area in which the code or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.

section 4. of the terrorist affected areas special courts act : 1 for the purpose of providing for speedy trial of scheduled offences committed in a judicial zone, the central government may establish, by notification, a special court in relation to such judicial zone a within such judicial zone or b if the central government having regard to the exigencies of the situation in such judicial zone considers it expedient so to do, at any place outside such judicial zone but within the state in which such judicial zone is situated. 2 notwithstanding anything contained in subsection 1, if, having regard to the exigencies of the situation prevailing in a state, the state government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the state, an additional special court outside the state, for the trial of such scheduled offences committed in the judicial zone or judicial zones, the trial whereof within the state a is not likely to be fair or impartial or completed with utmost dispatch or b is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the public prosecutor and the judge or any of them or c is not otherwise in the interests of justice, the state government may request the central government to establish in relation to such judicial zone or judicial zones an additional special court outside the state and thereupon the central government may, after taking into account the information furnished by the state government and making such inquiry, if any, as it may deem fit, establish, by notification, such additional special court at such place outside the state as may be specified in the notification.

section 5. of the terrorist affected areas special courts act : 1 a special court shall be presided over by a judge to be appointed by the central government with the concurrence of the chief justice of the high court. 2 the central government may also appoint, with the concurrence of the chief justice of the high court, additional judges to exercise jurisdiction in a special court. 3 a person shall not be qualified for appointment as a judge or an additional judge of a special court unless he is immediately before such appointment a sessions judge or an additional sessions judge in any state. 4 for the removal of doubts, it is hereby provided that the attainment by a person, appointed as a judge or an additional judge of a special court, of age of superannuation under the rules applicable to him in the service to which he belongs, shall not affect his continuance as such judge or additional judge. 5 where any additional judge or additional judges is, or are, appointed in a special court, the judge of the special court may, from time to time, by general or special order, in writing, provide for the distribution of business of the special court among himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absence or the absence of any additional judge.

section 3. of the terrorist affected areas special courts act : 1 if the central government is of the opinion that offences of the nature specified in the schedule are being committed in any area by terrorists on such a scale and in such a manner that it is expedient for the purpose of coping with the activities of such terrorists to have recourse to the provisions of this act, it may, by notification, a declare such area to be a terrorist affected area and b constitute such area into a single judicial zone or into as many judicial zones as it may deem fit. 2 a notification issued under subsection 1 in respect of an area shall specify the period during which the area shall, for the purposes of this act, be a terrorist affected area, and where the central government is of the opinion that terrorists had been committing in that area, from a date earlier than the date of issue of the notification, offences of the nature specified in the schedule on such a scale and in such a manner that it is expedient to commence the period specified in the notification from such earlier date, the period specified in the notification may commence from that date: provided that a no period commencing from a date earlier than six months from the date of publication of the notification shall be specified therein and b so much of the period specified in such notification as is subsequent to the date of publication of the notification shall not, in the first instance, exceed six months, but the central government may, by notification, extend such period from time to time by any period not exceeding six months at any one time, if the central government, having regard to the activities of terrorists in such area, is of the opinion that it is expedient so to do. explanation.for the avoidance of doubts, it is hereby declared that the period specified in a notification issued under this section may commence from a date earlier than the date of commencement of this act.

section 7. of the terrorist affected areas special courts act : 1 notwithstanding anything contained in the code or in any other law, a scheduled offence committed in a judicial zone in a state at any time during the period during which such judicial zone is, or is part of, a terrorist affected area shall be triable, whether during or after the expiry of such period, only by the special court established for such judicial zone in the state: provided that where the period specified under subsection 2 of section 3 as the period during which an area declared by notification under subsection 1 of that section to be a terrorist affected area commences from a date earlier than the date on which such notification is issued, then a nothing in the foregoing provisions of this subsection shall apply to a scheduled offence committed in such area in which the whole of the evidence for the prosecution has been taken before the date of issue of such notification and b all other cases involving scheduled offences committed in such area and pending before any court immediately before the date of issue of such notification shall stand transferred to the special court having jurisdiction under this section and the special court to which such proceedings stand transferred shall proceed with such cases from the stage at which they were pending at that time. 2 notwithstanding anything contained in subsection 1, if in respect of a case involving a scheduled offence committed in any judicial zone in a state, the central government, having regard to the provisions of subsection 2 of section 4 and the facts and circumstances of the case and all other relevant factors, is of the opinion that it is expedient that such offence should be tried by the additional special court established in relation to such judicial zone outside the state, the central government may make a declaration to that effect: provided that no such declaration shall be made unless the state government has forwarded to the central government a report in writing containing a request for making of such declaration. explanation.where an additional special court is established in relation to two or more judicial zones, such additional special court shall be deemed, for the purposes of this subsection, to have been established in relation to each of such judicial zones. 3 a declaration made under subsection 2 shall not be called in question in any court. 4 where any declaration is made in respect of any offence committed in a judicial zone in a state, any prosecution in respect of such offence shall be instituted only in the additional special court established in relation to such judicial zone outside the state, and if any prosecution in respect of such offence is pending immediately before such declaration in any other court, the same shall stand transferred to such additional special court and such additional special court shall proceed with such case from the stage at which it was pending at that time.

section 6. of the terrorist affected areas special courts act : a special court may, if it considers it expedient or desirable so to do, sit for any of its proceedings at any place, other than the ordinary place of its sitting, in the state in which it is established: provided that if the public prosecutor certifies to the special court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interests of justice that the whole or any part of the trial should be held at some place other than the ordinary place of its sitting, the special court may, after hearing the accused, make an order to that effect unless, for reasons to be recorded in writing, the special court thinks fit to make any other order.

section 9. of the terrorist affected areas special courts act : 1 for every special court, the central government shall appoint a person to be the public prosecutor and may appoint one or more persons to be the additional public prosecutor or additional public prosecutors: provided that the central government may also appoint for any case or class of cases a special public prosecutor. 2 a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section only if he has been in practice as an advocate for not less than seven years or has held any post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law. 3 every person appointed as a public prosecutor or an additional public prosecutor or a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code, and the provisions of the code shall have effect accordingly.

section 10. of the terrorist affected areas special courts act : 1 a special court may take cognizance of any scheduled offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a police report of such facts. 2 where a scheduled offence is punishable with imprisonment for a term not exceeding three years or with fine or with both, a special court may, notwithstanding anything contained in subsection 1 of section 260 or section 262 of the code, try the offence in a summary way in accordance with the procedure prescribed in the code and the provisions of sections 263 to 265 of the code, shall, so far as may be, apply to such trial: provided that when, in the course of a summary trial under this subsection, it appears to the special court that the nature of the case is such that it is undesirable to try it in a summary way, the special court shall recall any witnesses who may have been examined and proceed to rehear the case in the manner provided by the provisions of the code for the trial of such offence and the said provisions shall apply to and in relation to a special court as they apply to and in relation to a magistrate: provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of imprisonment for a term not exceeding two years. 3 a special court may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as principal or abettor in the commission thereof, and any pardon so tendered shall, for the purposes of section 308 of the code, be deemed to have been tendered under section 307 thereof. 4 subject to the other provisions of this act, a special court shall, for the purpose of trial of any offence, have all the powers of a court of session and shall try such offence as if it were a court of session so far as may be in accordance with the procedure prescribed in the code for the trial before a court of session. 5 subject to the other provisions of this act, every case before an additional special court shall be dealt with as if such case had been transferred under section 406 of the code to such additional special court.

section 11. of the terrorist affected areas special courts act : whenever it is made to appear to the supreme court that an order under this section is expedient for the ends of justice, it may direct that any particular case be transferred from one special court to another special court.

section 12. of the terrorist affected areas special courts act : 1 notwithstanding anything contained in the code, all proceedings before a special court shall be conducted in camera: provided that where the public prosecutor so applies, any proceedings or part thereof may be held in open court. 2 a special court may, on an application made by a witness in any proceedings before it or by the public prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret. 3 in particular and without prejudice to the generality of the provisions of subsection 2, the measures which a special court may take under that subsection may include a the holding of the proceeding at a protected place b the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public v c the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed. 4 any person who contravenes any direction issued under subsection 2 shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

section 13. of the terrorist affected areas special courts act : where after taking cognizance of any offence, a special court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any court having jurisdiction under the code and the court to which the case is transferred may proceed with the trial of the offence as if it has taken cognizance of the offence.

section 14. of the terrorist affected areas special courts act : 1 notwithstanding anything contained in the code, an appeal shall lie as a matter of right from any judgment, sentence or order, not being interlocutory order, of a special court to the supreme court both on facts and on law. 2 except as aforesaid, no appeal or revision shall lie to any court from any judgment, sentence or order of a special court. 3 every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

section 19. of the terrorist affected areas special courts act : 1 nothing in this act shall affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under any law relating to the naval, military or air forces or any other armed forces of the union. 2 for the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in subsection 1, a special court shall be deemed to be a court of ordinary criminal justice.

section 15. of the terrorist affected areas special courts act : 1 notwithstanding anything contained in the code or any other law, every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause c of section 2 of the code and cognizable case as defined in that clause shall be construed accordingly. 2 section 167 of the code shall apply in relation to a case involving a scheduled offence subject to the modifications that a the reference in subsection 1 thereof to judicial magistrateshall be construed as a reference to judicial magistrate or executive magistrate b the references in subsection 2 thereof to fifteen days , ninety daysand sixty days, wherever they occur, shall be construed as references to thirty days, one year and one year, respectively and c subsection 2a thereof shall be deemed to have been omitted. 3 sections 366 to 371 and section 392 of the code shall apply in relation to a case involving a scheduled offence subject to the modifications that the references to court of sessionand high court, wherever occurring therein, shall be construed as references to special courtand supreme court, respectively. 4 nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person on an accusation of having committed a scheduled offence in a terrorist affected area. 5 notwithstanding anything contained in the code, no person accused of a scheduled offence shall, if in custody, be released on bail or on his own bond unless a the public prosecutor has been given an opportunity to oppose the application for such release, and b where the public prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 6 the limitations on granting of bail specified in subsection 5 are in addition to the limitations under the code or any other law for the time being in force on granting of bail.

section 15a. of the terrorist affected areas special courts act : 115a. abolition of certain special courts.where the area comprising a judicial zone has ceased to be a terrorist affected area and no cases are pending before a special court or an additional special court established in relation to such judicial zone, the central government may, by notification in the official gazette, abolish such special court or additional special court. 1. ins. by act 45 of , s. 2 w.e.f. .

section 16. of the terrorist affected areas special courts act : 1 the provisions of this act shall have effect notwithstanding anything contained in the code or any other law, but save as expressly provided in this act, the provisions of the code shall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedings before a special court and for the purpose of the said provisions of the code, the special court shall be deemed to be a court of session. 2 in particular and without prejudice to the generality of the provisions contained in subsection 1, the provisions of sections 326 and 475 of the code shall, as far as may be, apply to the proceedings before a special court, and for this purpose any reference in those provisions to a magistrate shall be construed as a reference to the special court.

section 20. of the terrorist affected areas special courts act : in the indian evidence act, , after section 111, the following section shall be inserted, namely: 111a.presumption as to certain offences.1 where a person is accused of having committed any offence specified in subsection 2, in a any area declared to be a disturbed area under any enactment, for the time being in force, making provision for the suppression of disorder and restoration and maintenance of public order or b any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. 2 the offences referred to in subsection 1 are the following, namely: a an offence under section 121, section 121a, section 122 or section 123 of the indian code 45 of b criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or section 123 of the indian penal code 45 of .

section 17. of the terrorist affected areas special courts act : the central government may, by notification, delegate, subject to such conditions as may be specified, all or any of the powers exercisable by it under this act except the power under subsection 2 of section 4 and the power under subsection 2 of section 7 to the state government.

section 18. of the terrorist affected areas special courts act : the supreme court may, by notification, make such rules, if any, as it may deem necessary for carrying out the purposes of this act.

section 21. of the terrorist affected areas special courts act : 1 the terrorist affected areas special courts ordinance, 9 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 4. of the transfer of prisoners act : amendment of section 29, act iii of .rep. by the repealing and amending act, 36 of , s. 2 and schedule i.

section 1. of the transfer of prisoners act : 1 this act may be called the transfer of prisoners act, . 2 it extends to the whole of india 1 . 1. the words extends to the state of jammu and kashmir omitted by act 25 of , s. 2 and the schedule w.e.f. .

section 3. of the transfer of prisoners act : 1 where any person is confined in a prison in a state, a under sentence of death, or b under, or in lieu of, a sentence of imprisonment or transportation, or c in default of payment of a fine, or d in default of giving security for keeping the peace or for maintaining good behaviour the government of that state may, with the consent of the government of any other state, by order, provide for the removal of the prisoner from that prison to any prison in the other state. 2 the officer in charge of the prison to which any person is removed under subsection 1 shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the court by which such person has been committed, or until such person is discharged or removed in due course of law.

section 2. of the transfer of prisoners act : in this act, a court includes any officer lawfully exercising civil, criminal or revenue jurisdiction 1 b government or state government, in relation to a part c state, means the administrator thereof c prison includes any place which has been declared by state government, by general or special order, to be a subsidiary jail. 1. subs. by the adaptation of laws no. 3 order, , for clause b w.e.f. .

section 5. of the public employment requirement as to residence act : section 3 and all rules made thereunder shall cease to have effect on the expiration of 1fifteen years from the commencement of this act, but such cesser shall not affect the validity of any appointment previously made in pursuance of the said rules. 1. subs. by act 1 of , s. 3, for ten years w.e.f. .

section 1. of the public employment requirement as to residence act : 1 this act may be called the public employment requirement as to residence act, . 2 it shall come into force on such date as the central government may, by notification in the official gazette, appoint.

section 4. of the public employment requirement as to residence act : 14. parliamentary scrutiny of rules.every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 10 of , s. 2, for section 4 w.e.f. .

section 2. of the public employment requirement as to residence act : upon the commencement of this act, any law then in force in any state or union territory by virtue of clause b of article 35 of the constitution prescribing, in regard to a class or classes of employment or appointment to an office under the government of, or any local or other authority within, that state or union territory, any requirement as to residence therein prior to such employment or appointment shall cease to have effect and is hereby repealed.

section 3. of the public employment requirement as to residence act : 1 the central government may, by notification in the official gazette, make rules prescribing, in regard to appointments to a any subordinate service or post under the state government of andhra pradesh, or b any subordinate service or post under the control of the administrator of himachal pradesh, manipur or tripura, or c any service or post under a 1 local or other authority other than a cantonment board within the telangana area of andhra pradesh or within the union territory of himachal pradesh, manipur or tripura, any requirement as to residence within the telangana area or the said union territory, as the case may be, prior to such appointment. 2 in this section, 2 a himachal pradesh includes the territories specified in subsection 1 of section 5 of the punjab reorganisation act, 11 of 3 aasubordinate service or post means any service or post appointments to which are not notified in the official gazette but includes any service of tehsildars b telangana area comprises all the territories specified in subsection 1 of section 3 of the states reorganisation act, 37 of . 1. subs. by act 1 of , s. 2, for local authority w.e.f. . 2. ins. by s. 2, ibid. w.e.f. . 3. clause a renumbered as clause aa of that section by s. 2, ibid. w.e.f. .

section 8. of the manipur hill areas district councils act : 1 a person shall be disqualified for being chosen as a member of a district council if he is for the time being disqualified for being chosen as a member of either house of parliament or holds any office of profit under any district council. 2 for the purposes of this section, a person shall not be deemed to hold an office of profit under a district council by reason only that he is a member thereof.

section 1. of the manipur hill areas district councils act : 1 this act may be called the manipur hill areas district councils act, . 2 it extends to the whole of the union territory of manipur.

section 2. of the manipur hill areas district councils act : in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of manipur appointed under article 239 of the constitution b autonomous district means an autonomous district referred to in subsection 1 of section 3 c building includes a house, outhouse, stable, latrine, urinal, shed, hut, wall other than boundary wall and any other structure whether of masonry, bricks, wood, mud or other material but does not include any portable or temporary shelter d constituency means a district council constituency provided by order made under section 5 for the purpose of elections to the district council e deputy commissioner, in relation to any district council, means the officer appointed as such by the administrator, by notification in the official gazette, to perform the functions of the deputy commissioner under this act in the autonomous district for which such district council has been constituted f hill areas means the hill areas determined by the president by any notification issued under subsection 2 of section 52 of the government of union territories act, 20 of and in force immediately before the commencement of this act g hill areas committee means the standing committee referred to in section 52 of the government of union territories act, 20 of h market includes any place where persons assemble for the sale of, or for the purpose of exposing for sale of, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other persons i member means a member of a district council constituted under this act j official gazette means the gazette of the union territory of manipur k person does not include a body of persons l prescribed means prescribed by rules made under this act m scheduled tribes has the same meaning assigned to it in clause 25 of article 366 of the constitution n vehicle includes a carriage, cart, handcart, bicycle, tricycle and every wheeled conveyance which is used or is capable of being used on a street but does not include a mechanically propelled vehicle.

section 7. of the manipur hill areas district councils act : a person shall not be qualified to be chosen as a member of a district council of any autonomous district unless he is an elector for any district council constituency in that autonomous district.

section 3. of the manipur hill areas district councils act : 1 as soon as may be after the commencement of this act, the administrator shall cause all the hill areas to be divided into not more than six autonomous districts. 2 the administrator may, by order notified in the official gazette, a declare that any area in any autonomous district which is, or is intended to be, included within the limits of any municipality, cantonment or town committee shall cease to be a part of such autonomous district b increase the area of any autonomous district c diminish the area of any autonomous district d unite two or more autonomous districts or parts thereof so as to form one autonomous district e define the boundaries of any autonomous district f alter the name of any autonomous district. 3 no order under subsection 2 shall be made by the administrator except after consultation with the hill areas committee. 4 any order made by the administrator under subsection 2 may contain such incidental and consequential provisions as appear to the administrator to be necessary for giving effect to the provisions of the order.

section 10. of the manipur hill areas district councils act : 1 every person whose name is, for the time being, entered in the electoral roll of a constituency shall be entitled to vote at the election of a member of the district council from that constituency. 2 every person shall give one vote and no more to any one candidate at an election.

section 4. of the manipur hill areas district councils act : 1 for each autonomous district there shall be a district council as from such date as the administrator may, by notification in the official gazette, appoint in this behalf. 2 the total number of seats in the district council to be filled by persons chosen by direct election on the basis of adult suffrage from territorial constituencies shall be not more than eighteen. 3 the administrator may nominate not more than two persons, not being persons in the service of government, to be members of any district council.

section 12. of the manipur hill areas district councils act : the names of all persons elected or nominated to be members of a district council shall be published by the administrator in the official gazette.

section 6. of the manipur hill areas district councils act : the administrator may, from time to time, by order, alter or amend any order made under section 5.

section 9. of the manipur hill areas district councils act : 1 the persons entitled to vote at elections of members of a district council shall be the persons entitled, by virtue of the provisions of the constitution and the representation of the people act, 43 of , to be registered as voters at elections to the house of the people. 2 so much of the electoral roll for any parliamentary constituency for the time being in force as relates to the areas comprised within a constituency formed under section 5 shall be deemed to be the electoral roll for that constituency for the purposes of this act.

section 11. of the manipur hill areas district councils act : election of members of a district council shall be held in accordance with the rules made under section 21 on such date or dates as the administrator may, by notification in the official gazette, direct: provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy: provided further that no election shall be held to fill up a casual vacancy occurring within four months prior to the holding of a general election under this section.

section 5. of the manipur hill areas district councils act : the administrator shall, by order, determine a the constituencies which shall be single member constituencies into which an autonomous district shall be divided for the purpose of election of members to the district council of that district and b the extent of each constituency.

section 13. of the manipur hill areas district councils act : 1 save as otherwise provided in this section, the term of office of a member shall be five years and shall commence from the date of the notification of his election or nomination under section 12 or from the date on which the vacancy in which he is elected or nominated has occurred, whichever date is later: provided that the adminstrator may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the members by such period not exceeding one year as he thinks fit. 2 the term of office of a member elected to fill a casual vacancy shall commence from the date of the notification of his election and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

section 14. of the manipur hill areas district councils act : 1 no election of a member shall be called in question except by an election petition presented to the court of the district judge having jurisdiction in the area in which the constituency concerned is situated, within thirty days from the date of the notification of the result of the election under section 12. 2 an election petition calling in question any such election may be presented on one or more of the grounds specified in section 16 by any candidate at such election or by any elector of the constituency. 3 a petitioner shall join as respondents to his petition all the candidates at the election. 4 an election petition a shall contain a concise statement of the material facts on which the petitioner relies b shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question and c shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 5 of , for the verification of pleadings.

section 15. of the manipur hill areas district councils act : a petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

section 20. of the manipur hill areas district councils act : 1 an order of the court of the district judge on an election petition shall be final and conclusive. 2 an election of a member not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.

section 16. of the manipur hill areas district councils act : the election of a returned candidate may be called in question on any one or more of the following grounds, namely: a that on the date of his election the returned candidate was not qualified to be elected, or he was disqualified for being elected, as a member under this act or b that the nomination paper of any candidate at the election has been improperly rejected or c that the result of the election has been materially affected by the improper acceptance of a nomination paper or by the improper acceptance or refusal of a vote or by any other cause.

section 17. of the manipur hill areas district councils act : the procedure provided in the code of civil procedure, 5 of in regard to suits shall be followed by the court of the district judge, as far as it can be made applicable, in the trial and disposal of an election petition under this act.

section 18. of the manipur hill areas district councils act : 1 at the conclusion of the trial of an election petition, the court of the district judge shall make an order a dismissing the election petition or b declaring the election of all or any of the returned candidates to be void or c declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. 2 if any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the court of the district judge is of opinion a that in fact the petitioner or such other candidate received a majority of the valid votes or b that but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes, the court of the district judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

section 19. of the manipur hill areas district councils act : 1 if during the trial of an election petition it appears that there is equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

section 21. of the manipur hill areas district councils act : the administrator may make rules to regulate all or any of the following matters for the purpose of the holding of elections of members under this act, namely: a the manner of the splitting up of electoral rolls for parliamentary constituencies into parts for the purpose of constituting one or more of such parts into electoral roll for a constituency and the officer or authority by whom such splitting up is to be carried out b the drawing up of the programme of election c the appointment of returning officers, presiding and polling officers for election d the nomination of candidates and the scrutiny of such nomination e the deposits to be made by candidates and the time and manner of making such deposits f the withdrawal of candidatures g the appointment of agents of candidates h the time and manner of holding elections i the general procedure at the elections including the time, place and hours of poll and the method by which votes shall be cast j the fee to be paid on an election petition k any other matter relating to elections or election disputes in respect of which the administrator deems it necessary to make rules under this section or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the administrator, necessary.

section 22. of the manipur hill areas district councils act : each district council shall be a body corporate by the name respectively of the district council of name of autonomous district and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may by the said name sue and be sued.

section 23. of the manipur hill areas district councils act : 1 a district council shall, as soon as may be, choose two members to be respectively chairman and vicechairman thereof and so often as the office of chairman or vicechairman becomes vacant, the council shall choose another member to be chairman or vicechairman, as the case may be: provided that the administrator may nominate the first chairman who shall hold office for a period not exceeding one year. 2 if a resolution for the removal of an elected chairman is passed by not less than twothirds of the total membership of the council at a meeting convened in accordance with the provisions of subsection 3, such resolution shall have the effect of removing the chairman from his office as from the date on which the resolution is so passed and if such resolution is passed by less than twothirds but not less than onehalf of the total membership of the council, the administrator may, by order in writing, remove, for reasons to be recorded, the chairman from his office as from such date as may be specified in the order: provided that no such resolution shall be brought within one year from the date of election of the chairman: provided further that if the resolution is not passed by not less than twothirds of the total membership of the council, no other resolution for the removal of the chairman shall be allowed to be considered within one year from the date on which such resolution was considered. 3 a notice in writing of the intention to move a resolution referred to in subsection 2 signed by not less than onethird of the total membership of the council together with a copy of the proposed resolution shall be delivered to the deputy commissioner in accordance with the rules made by the deputy commissioner in this behalf and the deputy commissioner shall, after giving not less than fifteen days notice thereon, convene for consideration of the resolution a meeting of the council to be held in the office of the council on a date not later than thirty days from the date on which the notice was delivered to him and he shall preside over the meeting. 4 the chairman of the council shall be a wholetime functionary and shall be entitled to such salary or allowances as may be fixed by the administrator.

section 25. of the manipur hill areas district councils act : 1 no person shall be a member both of the legislative assembly of the union territory of manipur and of a district council and if a person is chosen a member both of the legislative assembly and of a district council, then, at the expiration of fourteen days from the date of publication in the official gazette that he has been so chosen, that persons seat in the district council shall become vacant unless he has previously resigned his seat in the legislative assembly. 2 if a member a becomes subject to any of the disqualifications mentioned in section 8 or b resigns his seat by writing under his hand addressed to the chairman of the district council, his seat shall thereupon become vacant. 3 if during the six successive months a member is, without the permission of the district council, absent from all meetings thereof, the council may declare his seat vacant. 4 if any question arises as to whether a member has become subject to any of the disqualifications mentioned in section 8, it shall be referred to the district judge having jurisdiction in the area in which the constituency concerned is situated and his decision shall be final.

section 24. of the manipur hill areas district councils act : every member shall, before taking his seat, make and subscribe at a meeting of the district council, an oath or affirmation in the prescribed form.

section 26. of the manipur hill areas district councils act : subject to the provisions of subsection 4 of section 23, every member shall be entitled to receive such allowances as may be determined by the administrator.

section 27. of the manipur hill areas district councils act : every person shall be liable for the loss, waste or misappropriation of any money or other property belonging to a district council, if such loss, waste or misappropriation is a direct consequence of his neglect or misconduct while a member of the district council and a suit for compensation may be instituted against him by the council with the previous sanction of the deputy commissioner or by the deputy commissioner with the previous sanction of the administrator.

section 28. of the manipur hill areas district councils act : every member shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 30. of the manipur hill areas district councils act : a district council shall conduct its business in such manner and in accordance with such procedure as may be prescribed.

section 29. of the manipur hill areas district councils act : 1 subject to such exceptions and conditions as the administrator may make and impose, the following matters shall be under the control and administration of a district council, namely: i the maintenance and management of such property, movable and immovable, and institutions as may be transferred to that council by the administrator ii the construction, repair and maintenance of such of the roads, bridges, channels and buildings as may be transferred to that council by the administrator iii the establishment, maintenance and management of primary schools and the construction and repair of all buildings connected with these institutions and institution of scholarships iv the establishment, maintenance and management of dispensaries v the establishment and maintenance of cattle pounds including such functions under the cattletrespass act, 1 of as may be transferred to that council by the administrator vi the establishment, maintenance and management of markets and fairs and the construction, repair and maintenance of all buildings connected therewith vii the supply, storage and prevention from pollution of water for drinking, cooking and bathing purposes viii the construction, repair and maintenance of embankments and the supply, storage and control of water for agricultural purposes ix the preservation and reclamation of soil x the preservation, protection and improvement of livestock and prevention of animal diseases xi public health and sanitation xii the management of such ferries as may be entrusted to the charge of that council by the administrator xiii the initiation, inspection and control of relief works xiv the allotment, occupation or use, or the setting apart of land, other than land acquired for any public purpose or land which is a reserved forest, for the purpose of agriculture or grazing or for residential or other nonagricultural purposes or for any other purposes likely to promote the interests of the inhabitants of any village or town situated within the autonomous district for which that council is constituted xv the management of any forest not being a reserved forest xvi the regulation of the practice of jhum or other form of shifting cultivation and xvii any other matter which the administrator may, in consultation with the hill areas committee, entrust to the district council in the field of agriculture, animal husbandry, community development, social and tribal welfare, village planning or any other matter referred to in section 52 of the government of union territories act, 20 of . 2 it shall be competent for a district council to recommend to the government of the union territory of manipur legislation relating to the following matters in so far as they concern members of the scheduled tribes, namely: a appointment or succession of chiefs b inheritance of property c marriage and divorce and d social customs.

section 31. of the manipur hill areas district councils act : a district council may, from time to time, appoint out of its own body such and so many committees for the efficient discharge of its duties as may be necessary.

section 32. of the manipur hill areas district councils act : 1 for every district council there shall be a chief executive officer, who shall be appointed by the administrator. 2 if a resolution for removal of the chief executive officer is passed at a meeting of the district council by a majority of not less than twothirds of the total membership of the council, the administrator shall remove him forthwith. 3 the district council shall appoint such officers and staff as may be necessary for the proper and efficient execution of its duties and make regulations for their conditions of service. 4 the power of appointing officers and staff whether temporary or permanent shall be exercised in accordance with the rules framed for the purpose by the administrator. 5 the conditions of service applicable to a person immediately before his appointment to a post under a district council shall not be varied to his disadvantage except with the previous approval of the administrator. 6 every officer or member of staff of a district council shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of .

section 35. of the manipur hill areas district councils act : 1 a district council may resolve at a meeting specially convened for the purpose to propose the imposition of any of the taxes mentioned in section 33. 2 when a resolution has been passed, the council shall publish a notice in the official gazette and also in the prescribed manner, defining the class of persons or description of property proposed to be taxed, the amount or rate of tax to be imposed and the system of assessment to be adopted. 3 any person, directly or indirectly affected by the proposed tax and objecting to it, may, within thirty days from the publication of the notice, send his objections in writing to the council and the council shall, at a specially convened meeting, take all such objections into consideration. 4 if no objection is sent within the said period of thirty days or if the objections received are deemed insufficient, the council may submit its proposals to the administrator with the objections, if any, and its decision thereon. 5 the administrator may then sanction the proposals or refuse to sanction them or return them to the council for further consideration. 6 when the proposal in respect of a tax has been sanctioned, the administrator shall notify its imposition in the official gazette and specify a date not later than three months from the date of notification on which the tax shall come into force.

section 33. of the manipur hill areas district councils act : notwithstanding anything to the contrary contained in any other law for the time being in force, a district council shall have the power to levy all or any of the following taxes within the autonomous district for which the council is constituted, that is to say a taxes on professions, trades, callings and employments b taxes on animals, vehicles other than mechanically propelled vehicles and boats c taxes on entry of goods into a market for sale there in and tolls on passengers and goods carried in ferries d taxes for the maintenance of schools, dispensaries or roads and e any other tax falling under list ii of the seventh schedule to the constitution which the legislature of the union territory of manipur may, by law, empower the district council to levy.

section 34. of the manipur hill areas district councils act : a district council may fix and levy a school fees and b fees for the use of, or benefits derived from, any of the works done or services rendered under section 29.

section 39. of the manipur hill areas district councils act : 1 in matters connected with the assessment and collection of any tax or fee levied under this act, an appeal shall lie from the order of any person authorised to make assessment or collections to such person as the administrator may appoint or designate for the purpose. 2 an appeal under subsection 1 shall be presented within thirty days from the date of the order. 3 the order passed on the appeal shall be final.

section 36. of the manipur hill areas district councils act : the administrator may, by notification in the official gazette, and a district council may with the previous approval of the administrator by a resolution passed at a meeting specially convened for the purpose, abolish or reduce any tax imposed under section 33.

section 38. of the manipur hill areas district councils act : a district council may, by notification in the official gazette, determine the person by whom any tax or fee shall be assessed and collected and make rules for the assessment and collection of such tax or fee and direct in what manner persons employed in the assessment or collection shall be remunerated.

section 37. of the manipur hill areas district councils act : all arrears of taxes and fees levied under this act may be recovered under the law for the time being in force for the recovery of public dues as if such arrears were public dues.

section 42. of the manipur hill areas district councils act : 1 save as provided by section 37, all moneys claimable by a district council may be recovered on an application to a magistrate having jurisdiction in the area where the person from whom the money is claimable may, for the time being, be resident, by the distress and sale of any movable property or by the attachment and sale of any immovable property, within the limits of his jurisdiction belonging to such person and the cost of such proceedings shall be recoverable in the same manner as the said moneys. 2 an application for recovery of money shall be in writing and shall be signed by an officer authorised in this behalf by order of the chairman of the council.

section 40. of the manipur hill areas district councils act : a district council may, by notification in the official gazette and with the previous approval of the deputy commissioner, prescribe by what instalments and at what times any tax or fee shall be payable.

section 44. of the manipur hill areas district councils act : subject to any order of the administrator, all property of the nature specified below and situated in the autonomous district shall vest in and belong to the district council for which it is constituted and shall, with all other property which may become vested in the council, be under its direction, management and control and shall be held and applied for the purposes of this act a all public buildings, constructed or maintained out of the council fund b all public roads which have been constructed or are maintained out of the council fund and the stones and other materials thereof and also all trees, erections, materials, implements and things provided for such roads c all land or other property transferred to the district council by the administrator or by gift, sale or otherwise for public purposes.

section 41. of the manipur hill areas district councils act : a district council may, with the previous approval of the administrator, by notification in the official gazette, remit or reduce any tax or fee or exempt any persons or class of persons or any description of property, wholly or in part, from liability to any tax or fee and cancel any such remission, reduction or exemption.

section 43. of the manipur hill areas district councils act : 1 all moneys received by or on behalf of a district council under the provisions of this act or any other law for the time being in force shall be credited to a fund which shall be called the council fund and it shall be held by the district council in trust for the purposes of this act. 2 all expenditure of the council shall be defrayed out of the council fund. 3 the administrator may make rules for the management of the council fund and for the procedure to be followed in respect of payment of money into the said fund, the withdrawal of moneys therefrom, the custody of moneys therein and any other matter connected with or ancillary to the matters aforesaid. 4 the accounts of a district council shall be kept in such form as may be prescribed. 5 the accounts of a district council shall be audited in such manner as may be prescribed.

section 45. of the manipur hill areas district councils act : 1 a district council shall, on or before a prescribed day in each year submit to the administrator an estimate of the income and expenditure of the council for the next financial year in such form as may be prescribed. 2 the administrator may, on or before a prescribed day, return the estimate of the council with or without modifications. 3 when a budget is returned with modifications under subsection 2, the council shall consider the proposed modifications, take a decision thereon and report the same to the administrator. 4 the budget estimate finally adopted by the council shall be the budget of the district council. 5 any subsequent alteration in the budget or reappropriation or transfer of provision within the estimate shall be made with the approval of the administrator.

section 50. of the manipur hill areas district councils act : if any member, officer or other employee of a district council enters into any contract with the council, he shall be deemed to have committed an offence under section 168 of the indian penal code 45 of .

section 46. of the manipur hill areas district councils act : 1 it shall be the duty of the chairman of a district council to furnish to the deputy commissioner a copy of the proceedings of the meetings of the council and such other information as the deputy commissioner may require. 2 the deputy commissioner shall have the power to give to any district council all such directions as he may consider necessary in respect of subjects, curricula, text books and standards of teaching in schools vested wholly or partly in the council and in schools wholly or partly maintained by grants payable from the council fund and the council shall comply with such directions. 3 the deputy commissioner may, by order, and for reasons to be recorded, suspend the execution of any resolution or order of any district council or prohibit the doing of any act which is about to be done, or is being done, in pursuance of or under cover of any provision of the law relating to the constitution or functions of the district council, if, in his opinion, the resolution, order or act is in excess of the powers conferred by law or the execution of the resolution or order or the doing of the act is likely to lead to a breach of the peace, or to cause annoyance or injury to the public or to any class or body of persons: provided that the council may, within fifteen days of the date of the order of the deputy commissioner offer such explanation as it deems fit in relation to the execution of the resolution or order which has been suspended or the doing of the act has been prohibited. 4 when the deputy commissioner makes any order as aforesaid, he shall forthwith send a copy of it to the administrator with a statement of the reasons for making it and forward in due course to the administrator the explanation, if any, offered by the council and the administrator may, thereupon, confirm, modify or rescind the order of the deputy commissioner.

section 47. of the manipur hill areas district councils act : 1 if, on receipt of a report from the deputy commissioner or otherwise, the administrator is of opinion that a any district council is not competent to perform, or persistently makes default in the performance of, the duties imposed on it by or under this act or any other law or b any district council exceeds or abuses its powers or c the financial position and credit position of any district council is seriously threatened or d a situation has arisen in which the administration of any district council cannot be carried on in accordance with the provisions of this act, the administrator may, by an order published, together with a statement of reasons therefor, in the official gazette, supersede such council for such period, not exceeding one year, as may be specified in the order: provided that before making an order of supersession as aforesaid under clause a or clause b or clause c, reasonable opportunity shall be given to such council to show cause why such order of supersession should not be made: provided further that the period of supersession may be extended for any further period or periods not exceeding six months at a time in consultation with the hill areas committee. 2 when any district council is superseded by an order under subsection 1, a all the members of the council including the chairman and vicechairman thereof shall, on such date as may be specified in the order, vacate their offices as such members without prejudice to their eligibility for election or nomination under clause d b during the period of supersession of the council, all powers and duties conferred and imposed upon the council by or under this act or any other law shall be exercised and performed by such officer or authority as the administrator may appoint in this behalf c all property vested in the council shall, until it is reconstituted, vest in the central government d before the expiry of the period of supersession, election or nomination, as the case may be, of members to the council shall be held or made for the purpose of reconstituting the council.

section 49. of the manipur hill areas district councils act : if any person wilfully obstructs a district council or any officer or servant of a district council or any person authorised by the district council in the exercise of its powers, he shall be punishable with fine which may extend to fifty rupees.

section 48. of the manipur hill areas district councils act : where at any time, consequent on the dissolution of the legislative assembly of the union territory of manipur, the hill areas committee is not functioning, then, during the period when such committee is not functioning, i section 3 shall have effect as if subsection 3 thereof had been omitted ii clause xvii of section 29 and the second proviso to subsection 1 of section 47 have effect as if the words in consultation with the hill areas committee had been omitted therefrom.

section 53. of the manipur hill areas district councils act : 1 in making any rule, the administrator, and in making any byelaw, a district council, may direct that the breach of the same shall be punishable with fine which may extend to one hundred rupees and in the case of a continuing breach with a further fine which may extend to ten rupees of every day during which the breach is continued after the offender has been convicted of such breach. 2 in default of payment of any fine, the defaulter shall be punishable with imprisonment for a term which may extend to fifteen days.

section 52. of the manipur hill areas district councils act : 1 subject to the provisions of this act and of the rules made thereunder, a district council may make byelaws to provide for all or any of the following matters in the autonomous district for which it is constituted or in any part thereof, namely: a the maintenance and management of schools and grants of stipends and scholarships b control and administration of dispensaries, their construction and repairs, the supply of medicines and the measures to be taken during the prevalence of diseases c the protection from pollution of such tanks, springs, wells or parts of rivers, streams, channels or water courses as are set apart for drinking or culinary purposes d any other matter which is necessary for carrying out all or any of the provisions of this act and the rules made thereunder. 2 a byelaw made under subsection 1 shall not have effect until it has been confirmed by the administrator and published in such manner as he may direct. 3 the administrator, in confirming a byelaw, may make any change therein which appears to him to be necessary.

section 51. of the manipur hill areas district councils act : 1 without prejudice to the power to make rules under any other provision of this act, the administrator may, after previous publication, make, by notification in the official gazette, rules for the purpose of carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may i regulate the conduct of business of a district council ii prescribe the forms in which the budget estimate is to be prepared and the dates for the various stages of its completion iii determine the language in which the business of a district council will be transacted iv regulate the powers of a district council to transfer property v regulate the powers of a district council to contract and do other things necessary for the purposes of its constitution and the mode of executing contracts vi regulate the employment, payment, suspension and removal of officers and staff of a district council vii protect the terms and conditions of service of government servants transferred to a district council viii prescribe the forms for statements, registers, estimates and accounts of a district council and regulate the keeping, checking and publication of such accounts ix prescribe the authority by whom and the manner in which the accounts of a district council shall be audited and x provide for any other matter for which rules have to be made under this act.

section 8. of the naval and aircraft prize act : 1 every ship and every aircraft taken as prize and brought into port or to a place within the jurisdiction of a prize court shall forthwith and without bulk broken, be delivered to the marshal of the court. 2 if there is no such marshal then the ship or aircraft shall be in like manner delivered to such person as the central government may appoint in this behalf. 3 the ship or aircraft shall, subject to the orders of the court, remain in the custody of the marshal, or the person appointed under subsection 2.

section 1. of the naval and aircraft prize act : this act may be called the naval and aircraft prize act, .

section 4. of the naval and aircraft prize act : 1 notwithstanding anything contained in any other law for the time being in force, every prize court shall have exclusive jurisdiction in respect of each prize and each proceeding for the condemnation of property as prize, whether such prize is taken before or after the commencement of this act, if the prize is a brought into or seized within the territory of india b brought into or seized within a locality in the temporary or permanent possession of, or occupied by, the armed forces of the union or c appropriated for the use of the central government, and is brought within the territorial jurisdiction of that prize court: provided that in the case of a naval prize, the prize court shall have jurisdiction only if the prize captured or seized is brought to a port or place lying within the territorial jurisdiction of that prize court. 2 every prize court shall also have exclusive jurisdiction in respect of a prize in which the prize property a is lost or entirely destroyed or b cannot be brought in for adjudication because of its nature and condition. 3 without prejudice to the generality of the powers conferred by subsection 1 , a prize court shall take cognizance of and judicially proceed upon all manners of captures, seizures, prizes and reprisals of all ships, vessels, aircrafts and goods that are captured or seized, and shall hear and determine the same, and in accordance with this act and rules made thereunder, shall adjudge and condemn all such ships, vessels, aircrafts and goods belonging to any country or state or the nationals, citizens or subjects thereof, as may be captured or seized as prize during a war or as a measure of reprisal during an armed conflict or in the exercise of the right of selfdefence. 4 notwithstanding anything contained in this section, the prize court may in respect of any matter for which no provision or insufficient provision is made, by or under this act, apply the principles of the international law regulating that matter.

section 7. of the naval and aircraft prize act : 1 a prize court shall, for the purposes of this act, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and production of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commissions for the examination of witnesses or documents f any other matter which may be prescribed by rules. 2 without prejudice to the provisions of subsection 1, every prize court shall have the power to enforce a any order or decree of another prize court passed in a prize proceeding under this act b any order of the central government passed in a prize appeal under section 6.

section 3. of the naval and aircraft prize act : 1 the central government may, by notification in the official gazette, constitute from time to time as many prize courts as the central government may determine to exercise the powers and discharge the functions conferred on a prize court by this act and every such prize court shall exercise jurisdiction within the local limits of such area or areas as may be specified by the central government in the said notification. 2 every prize court shall consist of such one or more than one member as the central government may from time to time deem it necessary to appoint. 3 a person shall not be qualified for appointment as a member of a prize court unless he is a citizen of india and has been or is qualified to be appointed as a judge of a high court. 4 subject to the provisions of section 18, the conditions of service of a member of a prize court shall be such as the central government may by order determine.

section 9. of the naval and aircraft prize act : 1 the captors shall with all convenient speed after the ship or aircraft is brought into port or to a place within the jurisdiction of a prize court bring the ship papers or the aircraft papers, as the case may be, into the registry of the prize court. 2 the commanding officer or the captain of the capturing ship or aircraft or the commanding officer of the capturing force, or any other officer or person seizing the ship or aircraft at any port or aerodrome or any officer designated by the commanding officer or his superior authority as a prize officer or such other officer or person who was present at the capture and saw the ship papers or aircraft papers delivered up or found on board shall make oath that they are brought in as they were taken without fraud, addition, or subduction or alteration or else shall account on oath to the satisfaction of the prize court for the absence or altered condition of the ship papers or aircraft papers or any of them. 3 where no ship papers or aircraft papers are delivered up or found on board the captured ship or captured aircraft, the commanding officer or the captain of the capturing ship or aircraft or the commanding officer of the capturing force or any other officer or person seizing the ship or aircraft or the prize officer or such other officer or person who was present at the capture shall make an oath to that effect.

section 2. of the naval and aircraft prize act : in this act, unless the context otherwise requires, a aircraft has the meaning assigned to it in clause ii of section 4 of the air force act, 45 of b aircraft papers includes all books, passes, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a captured aircraft c armed forces means the army, navy and air force or any part of any one or more of them and includes any other armed force in the service of, or employed with, the army, navy or air force during hostilities d goods includes all such things as may be subject to adjudication as prize, but in the case of a naval prize does not include any aircraft or boat unless the aircraft or boat is a part of the cargo of a ship e prize court means a prize court established under section 3 f indian citizen includes a company registered in india and having its principal place of business in india g military aircraft means any aircraft belonging to the armed forces and includes any armed aircraft in the service of the armed forces and any other aircraft used as a transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities h prize means anything which, subject to this act and the rules made thereunder, may be subjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective of whether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea at the time of capture or seizure i ship includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel or boat j shipofwar means any ship belonging to the armed forces and includes any armed ship in the service of the armed forces and any other ship used as transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities k ship papers includes all books, passes, sea briefs, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a ship captured at sea or seized in port.

section 10. of the naval and aircraft prize act : the provisions of sections 8 and 9 relating to ships and aircraft shall, so far as may be, extend and apply to goods taken as prize on board a ship or aircraft and the prize court may direct such goods to be unladen, inventoried and warehoused.

section 6. of the naval and aircraft prize act : 1 any person aggrieved by an order or decree of the prize court may prefer an appeal to the central government within a period of ninety days from the date on which such order or decree has been made. 2 the provisions of sections 5 and 12 of the limitation act, 36 of , shall so far as may be, apply for computation of the period specified in subsection 1.

section 5. of the naval and aircraft prize act : 1 where proceedings are pending in any prize court against any ship, aircraft or goods, the prize court may, at any stage of the proceedings, on application being made by the proper officer of the central government and upon being satisfied that the proceedings so far as they relate to the ship, aircraft or goods, or any part thereof, would be more conveniently conducted in another prize court, make an order remitting the proceedings or the proceedings so far as they relate to the ship, aircraft or goods, or any part of the goods, as the case may be, to such other prize court. 2 where any proceedings have been so remitted to another prize court, that other prize court shall have the same jurisdiction to deal with the matter as if the subject matter of those proceedings had originally been seized within its jurisdiction or brought within its jurisdiction after capture or seizure, as the case may be, and any order made or action taken in those proceedings before the order of remission shall be deemed to have been made or taken by or in that court.

section 11. of the naval and aircraft prize act : where a ship of a foreign state passing the seas or an aircraft of a foreign state, laden with military or victualling stores intended to be carried to any place under the control of an enemy is taken in circumstances making it subject to adjudication as prize, and is brought under the control of the government of india, and the purchase of such stores for the service of the central government appears to the said government expedient without the condemnation thereof in a prize court, then the central government may purchase on account or for the service of the central government all or any of such stores.

section 12. of the naval and aircraft prize act : nothing in this act shall apply to a shipofwar or military aircraft of the enemy or any other ship or aircraft owned by the enemy whether or not registered in the territory of the enemy or goods carried therein and no proceedings of prize shall be necessary for the condemnation of such shipofwar or military aircraft or other ship or aircraft or goods carried therein.

section 18. of the naval and aircraft prize act : the central government may at any time when there is no prize proceeding pending before a prize court dissolve that prize court, and make such further orders as to the custody of the records of that court as may be considered necessary.

section 13. of the naval and aircraft prize act : 1 subject to the provisions of subsection 2, all prizes captured by the armed forces of the union and condemned where necessary in the prize court shall be the exclusive property of the central government. 2 the central government may, at its discretion, out of the proceeds of the prize, make a grant of such sum of money as it deems fit to the benevolent funds of the armed forces of the union.

section 19. of the naval and aircraft prize act : the naval prize act, , the naval agency and distribution act, , the prize courts act, , the prize courts procedure act, , the prize courts act, , the naval prize act, , the prize act, , in so far as they apply in india are hereby repealed.

section 14. of the naval and aircraft prize act : 1 where any ship or goods or aircraft belonging to an indian citizen, after being taken as prize by the enemy is or are retaken from the enemy, the same shall be restored by decree of a prize court to the owner on his paying to the central government as prize salvage oneeighth part of the value of the prize to be decreed and ascertained by the prize court or such sum not exceeding oneeighth part of the estimated value of the prize as may be agreed upon between the owner and the central government and approved by the order of the prize court: provided that where the recapture is made in the circumstances of special difficulty or danger, the prize court may if it thinks fit award to the central government as prize salvage a larger part than oneeighth but not exceeding in any case onefourth part of the value of the prize: provided further that where a ship or aircraft after being so taken is set forth or used by the enemy as a shipofwar or military aircraft, the aforesaid provision for restitution shall not apply and subject to such compensation to the owner as the prize court may determine, the ownership of such ship or aircraft shall vest in the central government. 2 where a ship belonging to any indian citizen, after being taken as prize, is retaken from the enemy, such ship may, with the consent of the recaptors, prosecute her voyage and it will not be necessary for the central government to proceed to adjudication till her return to a port in india. 3 the master or owner of the ship or his agent may, with the consent of the central government, unload and dispose of the goods on board the ship before adjudication. 4 in case the ship does not return within six months to a port in india, the central government may nevertheless institute proceedings against the ship or goods in a prize court and the prize court may thereupon award prize salvage as aforesaid and may enforce payment thereof. 5 the provisions of subsections 2, 3 and 4 shall mutatis mutandis apply also to an aircraft belonging to any indian citizen which, after being taken as prize, is retaken from the enemy.

section 15. of the naval and aircraft prize act : every person who is guilty of a prize offence, that is to say, an offence which if committed by a person subject to naval law would be punishable under section 63, section 64, section 65, section 66 or section 67 of the navy act, 62 of , shall be punished with imprisonment which may extend to two years or with fine or both.

section 16. of the naval and aircraft prize act : 1 notwithstanding anything contained in any other law for the time being in force, no suit, prosecution or other legal proceedings shall lie against any officer of the armed forces of the union or any other person for anything which is in good faith done or intended to be done in pursuance of this act or any rules made thereunder. 2 save as otherwise expressly provided under this act, no suit or other legal proceedings shall lie against the central government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this act or any rules made thereunder.

section 20. of the naval and aircraft prize act : nothing in this act shall a give to the officers and seamen of the indian naval ships or officers and airmen of the indian military aircraft or to any other person concerned in the capture of the prize any right or claim in or to any ships, aircraft or goods taken as prize or the proceeds thereof or b affect the operation of any existing treaty or convention with any foreign state or c take away or abridge the powers of the central government to enter into any treaty or convention with any foreign state containing any stipulation that the central government may deem appropriate concerning any matter to which this act relates.

section 17. of the naval and aircraft prize act : 1 the central government may, by notification in the official gazette, make rules for regulating the practice and procedure of a prize court and for generally carrying out the purposes of this act. 2 without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the institution of cases, issue and service of writs, summons and other processes, and entering appearance and making of claims b affidavits concerning ship papers or aircraft papers and other affidavits to be or which may be made in a prize court or for the purpose of proceedings in a prize court c pleadings, particulars, discovery and inspection of documents and facts, evidence and hearing d issue of warrants for arrest of prize, and detention of prize e sale, appraisement, safe custody and inspection of prize f bail and release g requisition by central government of ships, aircraft or goods in the custody of a prize court h appointment of assessors and their fees i enforcement and execution of decrees and orders j stay of proceedings k costs of or incidental to any proceedings in the prize court and as to the fees to be charged in respect of proceedings therein and as to the taking of security of costs l procedure for hearing appeals and other matters pertaining to appeals m appointment, duties and conduct of the officers of a prize court and costs, charges and expenses to be allowed to petitioners therein n the manner in which and the conditions subject to which the right of visit, search, detention or capture of any ship or aircraft or goods thereon may be exercised and the penalty for impeding the exercise of any such right o the manner in which any such ship or aircraft or goods seized by or under the authority of any officer of the armed forces of the union shall be kept in custody or disposed of p the conditions for declaring any ship or aircraft or cargo thereon as hostile and for condemnation thereof q the manner in which a ship or aircraft recaptured from the enemy may be disposed of r the conditions subject to which a right of unhindered passage may be allowed to a ship or aircraft within the territory of india on the outbreak of hostilities or an armed conflict on the basis of reciprocity s any other matter which may be, or is required to be, prescribed by rules. 3 all rules made under this section shall be laid, as soon as may be, after they are made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one or 1in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rules or both houses agree that the rules should not be made, the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under those rules. 1. subs. by act 20 of , s. 2, for certain words w.e.f. .

section 3a. of the prevention of insults to national honour act : 1 3a. enhanced penalty on second and subsequent convictions.whoever, having already been convicted of an offence under section 2 or section 3, is again convicted of any such offence shall be punishable for the second and for every subsequent offence, with imprisonment for a term which shall not be less than one year. 1 ins. by act 31 of , s. 3 w.e.f. .

section 1. of the prevention of insults to national honour act : 1 this act may be called the prevention of insults to national honour act, . 2 it extends to the whole of india.

section 3. of the prevention of insults to national honour act : whoever intentionally prevents the singing of the indian national anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

section 2. of the prevention of insults to national honour act : whoever in any public place or in any other place within public view burns, mutilates, defaces, difiles, disfigures, destroys, tramples upon or 1otherwise shows disrespect to or brings into contempt whether by words, either spoken or written, or by acts the indian national flag or the constitution of india or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. explanation 1. comments expressing disapprobation or criticism of the constitution or of the indian national flag or of any measures of the government with a view to obtain an amendment of the constitution of india or an alteration of the indian national flag by lawful means do not constitute an offence under this section. explanation 2.the expression indian national flag includes any picture, painting, drawing or photograph, or other visible representation of the indian national flag, or of any part or parts thereof, made of any substance or represented on any substance. explanation 3. the expression public place means any place intended for use by, or accessible to, the public and includes any public conveyance. 2explanation 4.the disrespect to the indian national flag means and includes a a gross affront or indignity offered to the indian national flag or b dipping the indian national flag in salute to any person or thing or c flying the indian national flag at halfmast except on occasions on which the indian national flag is flown at halfmast on public buildings in accordance with the instructions issued by the government or d using the indian national flag as a drapery in any form whatsoever except in state funerals or armed forces or other paramilitary forces funerals or 3e using the indian national flag, i as a portion of costume, uniform or accessory of any description which is worn below the waist of any person or ii by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material or f putting any kind of inscription upon the indian national flag or g using the indian national flag as a receptacle for receiving, delivering or carrying anything except flower petals before the indian national flag is unfurled as part of celebrations on special occasions including the republic day or the independence day or h using the indian national flag as covering for a statute or a monument or a speakers desk or a speakers platform or i allowing the indian national flag to touch the ground or the floor or trail in water intentionally or j draping the indian national flag over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object or k using the indian national flag as a covering for a building or l intentionally displaying the indian national flag with the saffron down. 1 subs. by act 31 of , s. 2, for otherwise brings w.e.f. . 2 the explanation inserted by s. 2, ibid. w.e.f. . 3 subs. by act 51 of , for clause e w.e.f. .

section 5a. of the public premises eviction of unauthorised occupants act : 1 5a. power to remove unauthorised constructions, etc.1 no person shall a erect or place or raise any building or2 any movable or immovable structure or fixture b display or spread any goods, c bring or keep any cattle or other animal, on, or against, or in front of, any public premises except in accordance with the authority whether by way of grant or any other mode of transfer under which he was allowed to occupy such premises. 3 2 where any building or other immovable structure or fixture has been erected, placed or raised on on any public premises in contravention of the provisions of subsection 1, the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either to remove, or to show cause why he shall not remove such building or other structure or fixture from the public premises within such period, not being less than seven days, as he may specify in the notice and on the omission or refusal of such person either to show cause, or to remove such building or other structure or fixture from the public premises, or where the cause shown is not, in the opinion of the estate officer, sufficient, the estate officer may, by order, remove or cause to be removed the building or other structure or fixture from the public premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue. 3 where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention of the provisions of subsection 1 by any person, the estate officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue. 1. ins. by act 61 of , s. 6 w.e.f. . 2. subs. by act 35 of , s. 2, for other structure or fixture w.e.f. . 3. subs. by s. 2, ibid., for subsection 2 w.e.f. .

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971

section 1. of the public premises eviction of unauthorised occupants act : 1 this act may be called the public premises eviction of unauthorised occupants act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 16th day of september, except sections 11, 19 and 20 which shall come into force at once.

section 5. of the public premises eviction of unauthorised occupants act : 1 1 if, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under subclause ii of clause b of subsection 2 of section 4, the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer shall make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order but not later than fifteen days from the date of the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises: provided that every order under this subsection shall be made by the estate officer as expeditiously as possible and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the notice under subsection 1 or subsection 1a, as the case may be, of section 4. 2 if any person refuses or fails to comply with the order of eviction 2 on or before the date specified in the said order or within fifteen days of the date of its publication under subsection1, whichever is later, the estate officer or any other officer duly authorised by the estate officer in this behalf 3 may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary. 4 provided that if the estate officer is satisfied, for reasons to be recorded in writing, that there exists any compelling reason which prevents the person from vacating the premises within fifteen days, the estate officer may grant another fifteen days from the date of expiry of the order under subsection 1 to the person to vacate the premises. 1. subs. by act 2 of , s. 4, for subsection 1 w.e.f. . 2. subs. by act 61 of , s. 5, for certain words w.e.f. . 3. subs. by s. 5, ibid., for may evict that person w.e.f. . 4. ins. by act 2 of , s. 4 w.e.f. .

section 2. of the public premises eviction of unauthorised occupants act : in this act, unless the context otherwise requires, 1 b estate officer means an officer appointed as such by the central government under section 3 c premises means any land or any building or part of a building and includes, i the garden, grounds and outhouses, if any, appertaining to such building or part of a building, and ii any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof d prescribed means prescribed by rules made under this act 2 e public premises means 1 any premises belonging to, or taken on lease or requisitioned by, or on behalf of the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises eviction of unauthorised occupants amendment act, 61 of under the control of the secretariat of either houseof parliament for providing residential accommodation to any member of the staff of that secretariat 2 any premises belonging to, or taken on lease by, or on behalf of, i any company as defined in section 3of the 3 the companies act, 18 of , in which not less than fiftyone per cent. of the paidup share capital is held by the central government or any company which is a subsidiary within the meaning of that act of the firstmentioned company ii any corporation not being a company as defined in section 3 of the 3 the companies act, 18 of , or a local authority established by or under a central act and owned or controlled by the central government 4 iii any company as defined in clause 20 of section 2 of the companies act, 18 of in which not less than fiftyone per cent. of the paid up capital is held partly by the central government and partly by one or more state governments and includes a company which is a subsidiary within the meaning of that act of the firstmentioned company and which carries on the business of public transport including metro railway. explanation.for the purposes of this item, metro railway shall have the same meaning as assigned to it in clause i of subsection 1 of section 2 of the metro railway operation and maintenance act, 60 of iiia any university established or incorporated by any central act, iv any institute incorporated by the institutes of technology act, 59 of 5 v any board of trustees or any successor company constituted under or referred to in the major port trusts act, 38 of vi the bhakra management board constituted under section 79 of the punjab reorganisation act, 31 of , and that board as and when renamed as the bhakrabeas management board under subsection6 of section 80 of that act, 6 . 7 vii any state government or the government of any union territory situated in the national capital territory of delhi or in any other union territory, viii any cantonment board constituted under the cantonments act, 2 of and 3 in relation to the8 national capital territory of delhi, i any premises belonging to the9 council as defined in clause 9 of section 2 of the new delhi municipal council act, 44 of or corporation or corporations notified under subsection 1 of section 3 of the delhi municipal corporation act, 66 of , of delhi, or any municipal committee or notified area committee, 6 ii any premises belonging to the delhi development authority, whether such premises are in the possession of, or leased out by, the said authority10 and, 11 iii any premises belonging to, or taken on lease or requisitioned by, or onbehalf of any any state government or the government of any union territory, 12 iv any premises belonging to, or taken on lease by, or on behalf of any government company as defined in clause 45 of section 2 of the companies act, 18 of . explanation.for the purposes of this clause, the expression state government occurring in clause 45 of the said section shall mean the government of the national capital territory of delhi 134 any premises of the enemy property as defined in clause c of section 2 of the enemy property act, 34 of . f rent, in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes i any charge for electricity, water or any other services in connection with the occupation of the premises, ii any tax by whatever name called payable in respect of the premises, where such charge or tax is payable by the central government or the 14 statutory authority 15fa residential accommodation occupation in relation to any public premises means occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the central government, a state government, a union territory administration or a statutory authority, as the case may be 1617fb statutory authority, in relation to the public premises referred to in clause e of this section, means, i in respect of the public premises placed under the control of the secretariat of either house of parliament, the secretariat of the concerned house of parliament, ii in respect of the public premises referred to in item i of subclause 2 18and in item iv of subclause 3 of that clause, the company or the subsidiary company, as the case may be, referred to therein, iii in respect of the public premises referred to in item ii of subclause 2 of that clause, the corporation referred to therein, iv in respect of the public premises referred to, respectively, in items iii, iv, v and vi of subclause 2of that clause, the university, institute or board, as the case may be, referred to therein, and v in respect of the public premises referred to in subclause 3 of that clause, the 17council, corporation or corporations, committee or authority, as the case may be, referred to in that subclause 1920fc temporary occupation in relation to any public premises, means occupation by any person person on the basis of an order of allotment made under the authority of the central government, a state government, the government of a union territory or a statutory authority for a total period including the extended period, if any which is less than thirty days g unauthorised occupation, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority whether by way of grant or any other mode of transfer under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever. 1. clause a omitted by act 61 of , s. 2 w.e.f. . 2. subs. by s. 2, ibid., for clause e w.e.f. . 3. subs. by act 2 of , s. 2, for the companies act, 1 of w.e.f. . 4. subs. by s. 2, ibid., for item iii w.e.f. . 5. subs. by act 2 of , s. 2, for item v w.e.f. . 6. the word and omitted by act 7 of , s. 2 w.e.f. . 7. ins. by s. 2, ibid. w.e.f. . 8. subs. by s. 2, ibid., for union territory of delhi w.e.f. . 9. subs. by act 2 of , s. 2, for municipal corporation w.e.f. . 10. the word and added by act 7 of , s. 2 w.e.f. . 11. ins. by s. 2, ibid. w.e.f. . 12. ins. by act 2 of , s. 2 w.e.f. . 13. ins. by act 3 of , s. 20 w.e.f. . 14. subs. by act 61 of , s. 2, for corporate authority w.e.f. . 15. ins. by act 36 of , s. 2 w.e.f. . 16. ins. by act 2 of , s. 2 w.e.f. . 17. clause fa renumbered as clause fb by act 36 of , s. 2 w.e.f. . 18 subs. by s. 2, ibid., for corporation w.e.f. . 19. ins. by act 7 of , s. 2 w.e.f. . 20. clause fb renumbered as clause fc by act 36 of , s. 2 w.e.f. .

section 3a. of the public premises eviction of unauthorised occupants act : 1 3a. eviction from temporary occupation.notwithstanding anything contained in section 4 or section 5, if the estate officer, after making such inquiry as he deems expedient in the circumstances of the case, is satisfied that any persons who were allowed temporary occupation of any public premises are in unauthorised occupation of the said premises, he may, for reasons to be recorded in writing, make an order for the eviction of such persons forthwith and, thereupon, if such persons refuse or fail to comply with the said order of eviction, he may evict them from the premises and take possession thereof and may, for that purpose, use such force as may be necessary. 1. ins. by act 7 of , s. 4 w.e.f. .

section 5b. of the public premises eviction of unauthorised occupants act : 15b. order of demolition of unauthorised construction.1 where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed, on any public premises by any person in occupation of such public premises under an authority whether by way of grant or any other mode of transfer, and such erection of building or execution of work is in contravention of, or not authorised by,such authority, then, the estate officer may, in addition to any other action that may be taken under this act or in accordance with the terms of the authority aforesaid, make an order, for reasons to be recorded therein, directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced, or is being carried on, or has been completed, within such period, as may be specified in the order 2 . provided that no order under this subsection shall be made unless the person concerned has been given, by means of a notice 3 of not less than seven days served in the prescribed manner, a reasonable opportunity of showing cause why such order should not be made. 2 where the erection or work has not been completed, the estate officer may, by the same order or by a separate order, whether made at the time of the issue of the notice under the proviso to subsection 1 or at any other time, direct the person at whose instance the erection or work has been commenced, or is being carried on, to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under section 9. 3 the estate officer shall cause every order made under subsection 1, or, as the case may be, under subsection 2, to be affixed on the outer door, or some other conspicuous part, of the public premises. 4 where no appeal has been preferred against the order of demolition made by the estate officer under subsection 1 or where an order of demolition made by the estate officer under that subsection has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or, as the case may be, within the period, if any, fixed by the appellate officer on appeal, and, on the failure of the person to comply with the order within such period, the estate officer or any other officer duly authorised by the estate officer in this behalf, may cause the erection or work to which the order relates to be demolished. 5 where an erection or work has been demolished, the estate officer may, by order, require the person concerned to pay the expenses of such demolition within such time, and in such number of instalments, as may be specified in the order. 1. ins. by act 61 of , s. 6 w.e.f. . 2.certain words, brackets and figure omitted by s. 3, ibid. w.e.f. . 3. ins. by s. 3, ibid. w.e.f. .

section 3. of the public premises eviction of unauthorised occupants act : show related subordinates the central government may, by notification in the official gazette, a appoint such persons, being gazetted officers of government 1or of the government of any union territory or officers of equivalent rank of the 2statutory authority, as it thinks fit, to be estate officers for the purposes of this act 3 4provided that no officer of the secretariat of the rajya sabha shall be so appointed except after consultation with the chairman of the rajya sabha and no officer of the secretariat of the lok sabha shall be so appointed except after consultation with the speaker of the lok sabha: provided further that an officer of a statutory authority shall only be appointed as an estate officer in respect of the public premises controlled by that authority 5 6provided also that the custodian, deputy custodian and assistant custodian of the enemy property appointed under section 3 of the enemy property act, 34 of , shall be deemed to have been appointed as the estate officer in respect of those enemy property, being the public premises, referred to in subclause 4 of clause e of section 2 of this act for which they had been appointed as the custodian, deputy custodian and assistant custodian under section 3 of the enemy property act, . b define the local limits within which, or the categories of public premises in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this act. 1. ins. by act 7 of , s. . 2. subs. by act 61 of , s. 2, for corporate authority w.e.f. . 3. the word and omitted by s. 3,ibid. w.e.f. . 4. provisos added by s. 3, ibid. w.e.f. . 5. the word and omitted by act 3 of , s. 20 w.e.f. . 6. ins. by s. 20,ibid. w.e.f. .

section 4. of the public premises eviction of unauthorised occupants act : 1 1 if the estate officer has information that any person is in unauthorised occupation of any public premises and that he should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing within seven working days from the date of receipt of the information regarding the unauthorised occupation calling upon the person concerned to show cause why an order of eviction should not be made. 1a if the estate officer knows or has reasons to believe that any person is in unauthorised occupation of the public premises, then, without prejudice to the provisions of subsection 1, he shall forthwith issue a notice in writing calling upon the person concerned to show cause why an order of eviction should not be made. 1b any delay in issuing a notice referred to in subsections 1 and 1a shall not vitiate the proceedings under this act. 2 the notice shall a specify the grounds on which the order of eviction is proposed to be made and 2 b require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises, i to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not 3 later than seven days from the date of issue thereof, and ii to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired. 3 the estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. 4 1. subs. by act 2 of , s. 3, for subsection 1 w.e.f. . 2. subs. by act 61 of , s. 4, for clause b w.e.f. . 3. subs. by act 2 of , s. 3, for earlier than w.e.f. . 4. subsection 4 omitted by act 7 of , s. 5 w.e.f. .

section 5c. of the public premises eviction of unauthorised occupants act : 15c. power to seal unauthorised constructions.1 it shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5b, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been commenced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and extent of such erection or work. 2 where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this act, order such seal to be removed. 3 no person shall remove such seal except a under an order made by the estate officer under subsection 2 or b under an order of the appellate officer made in an appeal under this act. 1. ins. by act 35 of , s. 4 w.e.f. .

section 3b.eviction from residential accommodation of the public premises eviction of unauthorised occupants act : 13b. eviction from residential accommodation. 1 notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall a forthwith issue notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made b cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person. 2 the estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under subsection 1 and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person. 3 if the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in subsection 2, the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary. 1. ins. by act 36 of , s. 3 w.e.f. .

section 9. of the public premises eviction of unauthorised occupants act : 1 an appeal shall lie from every order of the estate officer made in respect of any public premises under 1section 5 or section 5b 2 or section 5c or section 7 to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as the district judge may designate in this behalf. 2 an appeal under subsection 1 shall be preferred, a in the case of an appeal from an order under section 5, 3 within twelve days from the date of publication of the order under subsection 1 of that section 4 b in the case of an appeal from an order 5under section 5b or section 7, within twelve days from the date on which the order is communicated to the appellant 6and 2c in the case of an appeal from an order under section 5c, within twelve days from the date of such order: 7provided that the appellate officer may entertain the appeal in exceptional cases after the expiry of thesaid period,if he is satisfied for reasons to be recorded in writing that there was compelling reasons which prevented the person from filing the appeal in time. 3 where an appeal is preferred from an order of the estate officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit: 8provided that where the construction or erection of any building or other structure or fixture or execution of any other work was not completed on the day on which an order was made under section 5b for the demolition or removal of such building or other structure or fixture, the appellate officer shall not make any order for the stay of enforcement of such order, unless such security, as may be sufficient in the opinion of the appellate officer, has been given by the appellant for not proceeding with such construction, erection or work pending the disposal of the appeal. 94 every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible and every endeavour shall be made to dispose of the appeal finally within one month from the date of filing the appeal, after providing the parties an opportunity of being heard. 5 the costs of any appeal under this section shall be in the discretion of the appellate officer. 6 for the purposes of this section, a presidencytown shall be deemed to be a district and the chief judge or the principal judge of the city civil court therein shall be deemed to be the district judge of the district. 1. subs. by act 61 of , s. 9, for section 5 w.e.f. . 2. ins. by act 35 of , s. 5 w.e.f. . 3. subs. by act 61 of , s. 9, for within fifteen days w.e.f. . 4. the word and omitted by act 35 of , s. 5 w.e.f. . 5. subs. by act 61 of , s. 9, for under section 7, within fifteen days w.e.f. . 6 ins. by act 35 of , s. 5 w.e.f. . 7. ins. by act 2 of , s. 6 w.e.f. . 8 the proviso added by act 61 of , s. 9 w.e.f. . 9. subs. by act 2 of , s. 6, for subsection 4 w.e.f. .

section 6. of the public premises eviction of unauthorised occupants act : 1 where any persons have been evicted from any public premises under section 5 1 or where any building or other work has been demolished under section 5b, the estate officer may, after giving fourteen days notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. 1 1a where any goods, materials, cattle or other animal have been removed from any public premises under section 5a, the estate officer may, after giving fourteen days notice to the persons owning such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper having circulation in the locality, dispose of, by public auction, such goods, materials, cattle or other animal. 1b notwithstanding anything contained in subsection 1 and 1a, the giving or publication of any notice referred to therein shall not be necessary in respect of any property which is subject to speedy and natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such property to be sold or otherwise disposed of in such manner as he may think fit. 2 where any property is sold under subsection 1, the sale proceeds thereof shall, after deducting the expenses of the sale and the amount, if any, due to the central government or the 2 statutory authority on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the estate officer to be entitled to the same: provided that where the estate officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final. 1 2a the expression costs, referred to in subsection 2, shall include the cost of removal recoverable under section 5a and the cost of demolition recoverable under section 5b. 1. ins. by act 61 of , s. 7 w.e.f. . 2. subs. by s. 2, bid., for corporate authority w.e.f. .

section 7. of the public premises eviction of unauthorised occupants act : 1 where any person is in arrears of rent payable in respect of any public premises, the estate officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order. 2 where any person is, or has at any time been, in unauthorised occupation of any public premises, the estate officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order. 1 2a while making an order under subsection 1 or subsection 2, the estate officer may direct that the arrears of rent or, as the case may be, damages shall be payable together with 2 compound interest at such rate as may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the interest act, 14 of . 3 no order under subsection 1 or subsection 2 shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause 3 within seven days from the date of issue thereof, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the estate officer. 43a if the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under subsection 2 of section 3b in any court, he shall pay damages for every month for the residential accommodation held by him. 54 every order under this section shall be made by the estate officer as expeditiously as possible and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the notice. 1. ins. by s. 8, ibid. w.e.f. . 2. subs. by act 2 of , s. 5, for simple interest w.e.f. . 3. subs. by s. 5, ibid., for certain words w.e.f. . 4. ins. by act 36 of , s. 4 w.e.f. . 5. ins. by act 2 of , s. 5 w.e.f. .

section 8. of the public premises eviction of unauthorised occupants act : an estate officer shall, for the purpose of holding any inquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of when trying a suit in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c any other matter which may be prescribed.

section 12. of the public premises eviction of unauthorised occupants act : if the estate officer has reason to believe that any persons are in unauthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.

section 10. of the public premises eviction of unauthorised occupants act : save as otherwise expressly provided in this act, every order made by an estate officer or appellate officer under this act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act.

section 11. of the public premises eviction of unauthorised occupants act : 1 1 if any person unlawfully occupies any public premises, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both: provided that a person who, having been lawfully in occupation of any public premises by virtue of any authority whether by way of grant, allotment or by any other mode whatsoever continues to be in occupation of such premises after such authority has ceased to be valid, shall not be guilty of such offence. 2 2 if any person who has been evicted from any public premises under this act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to 3 five thousand rupees, or with both. 2 3 any magistrate convicting a person under 4 subsection 2 may make an order for evicting that that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this act. 1. ins. by act 35 of , s. 6 w.e.f. . 2. subsections 1 and 2 renumbered as subsections 2 and 3 thereof by s.6, ibid. w.e.f. . 3. subs. by s. 6, ibid., for one thousand rupees w.e.f. . 4. subs. by s. 6, ibid., for subsection 1 w.e.f. .

section 11a. of the public premises eviction of unauthorised occupants act : 111a. offences under section 11 to be cognizable. the code of criminal procedure, 2 of , shall apply to an offence under section 11 as if it were a cognizable offence i for the purposes of investigation of such offence, and ii for the purposes of matters, other than 1 matters referred to in section 42 of that code, and 2 arrest of a person except on the complaint of, or upon information received from, a a group a officer as may be appointed by the central government, in the case of an offence in relation to the public premises specified in subclause 1 of clause e of section 2 b an officer equivalent to the rank of a group a officer of the central government or where it is not possible to specify an officer of such equivalent rank, such executive officer as may be appointed by the statutory authority in the case of an offence in relation to the public premises specified in subclause 2 of clause e of section 2 c such deputy commissioner, in the case of an offence in relation to the public premises belonging to the municipal corporation of delhi, as may be appointed by the administrator of the union territory of delhi d the secretary, new delhi municipal committee, in the case of an offence in relation to the public premises belonging to the new delhi municipal committee e the secretary of a notified area committee, in the case of an offence in relation to the public premises belonging to that committee f such director, in the case of an offence in relation to the public premises belonging to the delhi development authority, as may be appointed by the administrator of the union territory of delhi. 1. ins. by act 35 of , s. 7 w.e.f. .

section 13. of the public premises eviction of unauthorised occupants act : 1 where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages 1 or for the determination of the amount payable by way of interest on such arrears of rent or damages is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. 1 1a where any person from whom any cost of removal of any building or other structure or fixture, or, as the case may be,any goods, cattle or other animal is to be recovered under subsection 2 2 or subsection 3 of section 5a, or any expenses of demolition are to be recovered under subsection 5 of section 5b, dies before any proceeding is taken for the recovery of such cost or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person. 2 any amount due to the central government or the 3 statutory authority from any person whether by way of arrears of 4 rent or damages or costs of removal referred to in section 5a or expenses of demolition referred to in section 5b or interest referred to in sub section 2a of section 7 or any other cost shall, after the death of the person, be payable by his heirs or legal representatives but their liability shall be limited to the extent of the assets of the deceased in their hands. 1. ins. by act 61 of , s. 10 w.e.f. . 2. ins. by act 35 of , s. 8 w.e.f. . 3. subs. by act 61 of , s. 2, for corporate authority w.e.f. . 4. subs. by s. 10, ibid., for rent or damages or costs w.e.f. .

section 14., as an arrear of land revenue. of the public premises eviction of unauthorised occupants act : if any person refuses or fails to pay 1 the expenses of demolition payable under subsection 5 of section 5b or the arrears of rent payable under subsection 1 of section 7 or the damages payable under subsection 2 1 or the interest determined under subsection 2a of that section or the costs awarded to the central government or the 2 statutory authority under subsection 5 of section 9 or any 3 portion of such rent, damages, expenses, interest or costs, within the time, if any, specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the collector who shall proceed to recover the same as an arrear of land revenue. 1. ins. by act 61 of , s. 11 w.e.f. . 2. subs. by s. 2, ibid., for corporate authority w.e.f. . 3. subs. by s. 11, ibid., for portion of such rent, damages w.e.f. .

section 20. of the public premises eviction of unauthorised occupants act : notwithstanding any judgment, decree or order of any court, anything done or any action taken including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated or purported to have been done or taken under the public premises eviction of unauthorised occupants act, 32 of hereafter in this section referred to as the act shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of this act which, under subsection 3 of section 1 shall be deemed to have come into force on the 16th day of september, , and accordingly a no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the act where such refund has been claimed merely on the ground that the said act has been declared to be unconstitutional and void and b no court shall enforce a decree or order directing the refund of any rent or damages or costs recovered under the act merely on the ground that the said act has been declared to be unconstitutional and void.

section 15. of the public premises eviction of unauthorised occupants act : 1 15. bar of jurisdiction.no court shall have jurisdiction to entertain any suit or proceeding in respect of a the eviction of any person who is in unauthorised occupation of any public premises, or b the removal of any building, structure or fixture or goods, cattle or other animal from any public premises under section 5a, or c the demolition of any building or other structure made, or ordered to be made, under section 5b, or 60 cc the sealing of any erection or work or of any public premises under section 5c, or d the arrears of rent payable under subsection 1 of section 7 or damages payable under subsection 2, or interest payable under subsection 2a, of that section, or e the recovery of i costs of removal of any building, structure or fixture or goods, cattle or other animal under section 5a, or ii expenses of demolition under section 5b, or iii costs awarded to the central government or statutory authority under subsection 5 of section 9, or iv any portion of such rent, damages, costs of removal, expenses of demolition or costs awarded to the central government or the statutory authority. 1. subs. by s. 12, ibid., for section 15 w.e.f. . 2. ins. by act 35 of , s. 9 w.e.f. .

section 17. of the public premises eviction of unauthorised occupants act : the central government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, subject to such conditions if any, as may be specified in the notification be exercisable also by a state government or an officer of the state government or an officer of the state government.

section 19. of the public premises eviction of unauthorised occupants act : the public premises eviction of unauthorised occupants act, 32 of , is hereby repealed.

section 16. of the public premises eviction of unauthorised occupants act : no suit, prosecution or other legal proceeding shall lie against the central government or the 1 statutory authority or the appellate officer or the estate officer in respect of anything which is in good faith done or intended to be done in pursuance of this act or of any rules or orders made thereunder. 1. subs. by act 61 of , s. 2, for corporate authority w.e.f. .

section 18. of the public premises eviction of unauthorised occupants act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form of any notice required or authorised to be given under this act and the manner in which it may be served b the holding of inquiries under this act c the distribution and allocation of work to estate officers and the transfer of any proceeding pending before an estate officer to another estate officer d the procedure to be followed in taking possession of public premises e the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages 1 ee the manner in which the sealing of any erection or work or of any public premises shall be made under subsection 1 of section 5c 2 ea the rate at which interest shall be payable on arrears of rent specified in any order made under subsection 1 of section 7, or damages assessed under subsection 2 of that section f the manner in which appeals may be preferred and the procedure to be followed in appeals g any other matter which has to be or may be prescribed. 3 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or 3 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. ins. by act 35 of , s. 10 w.e.f. . 2. ins. by act 61 of , s. 13 w.e.f. . 3. subs. by s. 13, ibid., for certain words w.e.f. .

section 3. of the president discharge of functions act : 1 in the event of the occurrence of vacancies in the offices of both the president and the vicepresident, by reason in each case of death, resignation or removal, or otherwise, the chief justice of india or, in his absence, the seniormost judge of the supreme court of india available shall discharge the functions of the president until a new president elected in accordance with the provisions of the constitution to fill the vacancy in the office of the president enters upon his office or a new vicepresident so elected begins to act as president under article 65 of the constitution, whichever is earlier. 2 when the vicepresident, while discharging the functions of the president, dies, resigns, or is removed or otherwise ceases to hold office, the chief justice of india or, in his absence, the seniormost judge referred to in subsection 1 shall discharge the said functions until the president resumes his duties or a new vicepresident is elected as aforesaid, whichever is earlier. 3 when the vicepresident, a while acting as president, or b while discharging the functions of the president, is unable to discharge the functions of the president owing to absence, illness or any other cause, the chief justice of india or, in his absence, the seniormost judge referred to in subsection 1 shall discharge the said functions i in the case referred to in clause a, until a new president elected as aforesaid enters upon his office or until the vicepresident acting as president resumes his duties, whichever is earlier ii in the case referred to in clause b, until the president resumes his duties, or the vicepresident resumes his duties, whichever is earlier. 4 the person discharging the functions of the president under this section shall, during, and in respect of, the period while he is so discharging the said functions, have all the powers and immunities of the president and be entitled to such emoluments, allowances and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule.

section 2. of the president discharge of functions act : in this act president, vicepresident and second schedule shall mean the president of india, the vicepresident of india and the second schedule to the constitution respectively.

section 1. of the president discharge of functions act : this act may be called the president discharge of functions act, .

section 4. of the companies donations to national funds act : repeal of act 35 of .rep. by the repealing and amending act, 36 of , s. 2 and schedule i.

section 3. of the companies donations to national funds act : any company may, notwithstanding anything contained in the companies act or in any other law for the time being in force regulating the affairs thereof, and notwithstanding that the memorandum or articles of association of the company do not enable it so to do, by an extraordinary resolution passed in accordance with the provisions contained in section 81 of the companies act, authorise the making of donations to the gandhi national memorial fund or the sardar vallabhbhai national memorial fund, or to any other fund established for a charitable purpose which by reason of its national importance has been approved by the central government for the purposes of this section.

section 1. of the companies donations to national funds act : 1 this act may be called the companies donations to national funds act, . 2 it extends to the whole of india except the state of jammu and kashmir. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 2. of the companies donations to national funds act : in this act, a company means a company as defined in section 2 of ,the companies act, and includes a company deemed to be incorporated and registered under that act by virtue of section 2b thereof b the companies act means the indian companies act, vii of .

section 2. of the supreme court number of judgesact : the maximum number of judges of the supreme court, excluding the chief justice of india, shall be 1thirtythree. 1. subs. by act 37 of , s. 2, for thirty w.e.f. .

section 1. of the supreme court number of judgesact : this act may be called the supreme court number of judges act, .

section 8. of the maritime zones of india regulation of fishing by foreign vessels act : notwithstanding anything contained in section 3, the central government may, in writing, permit a foreign vessel to be used for fishing within any maritime zone of india for the purpose of carrying out any scientific research or investigation or for any experimental fishing in accordance with such terms and conditions as may be prescribed.

The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981

section 1. of the maritime zones of india regulation of fishing by foreign vessels act : 1 this act may be called the maritime zones of india regulation of fishing by foreign vessels act, . 2 it shall come into force on such date1 as the central government may, by notification in official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provisions to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 2nd november, , vide notification no. s.o. 782e, dated 31st october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the maritime zones of india regulation of fishing by foreign vessels act : show related subordinates in this act, unless the context otherwise requires, a exclusive economic zone of india means the exclusive economic zone of india in accordance with the provisions of section 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 80 of . b fish means any aquatic animal, whether piscine or not, and includes shell fish, crustacean, molluscs, turtle chelonia, aquatic mammal the young, fry, eggs and spawn thereof, holothurians, coelenterates, sea weed, coral porifera and any other aquatic life c fishing means catching, taking, killing, attracting or pursuing fish by any method and includes the processing, preserving, transferring, receiving and transporting of fish d foreign vessel means any vessel other than an indian vessel e indian vessel means i a vessel owned by government or by a corporation established by a central act or a provincial or state act, or ii a vessel i which is owned wholly by persons to each of whom any of the following descriptions applies: 1 a citizen of india 2 a company in which not less than sixty per cent, of the share capital is held by citizens of india 3 a registered cooperative society every member whereof is a citizen of india or where any other cooperative society is a member thereof, every individual who is a member of such other cooperative society is a citizen of india and ii which is registered under the merchant shipping act, 44 of , or under any other central act or any provincial or state act. explanation.for the purposes of this clause, registered cooperative society means a society registered or deemed to be registered under the cooperative societies act, 2 of , or any other law relating to cooperative societies for the time being in force in any state f licence means a licence granted under section 4 g maritime zones of india means the territorial waters of india or the exclusive economic zone of india h master, in relation to a vessel, means the person for the time being having command or charge of the vessel i owner, in relation to a vessel, includes any association of persons, whether incorporated or not, by whom the vessel is owned or chartered j permit means a permit granted or deemed to have been granted under section 5 k prescribed means prescribed by rules made under this act l processing, in relation to fishing includes cleaning, beheading, filleting, shelling, peeling, icing, freezing, canning, salting, smoking, cooking, pickling, drying and otherwise preparing or preserving fish by any other method m specified ports means such ports as the central government may, by notification in the official gazette, specify for the purposes of this act n territorial waters of india means the territorial waters of india in accordance with the provisions of section 3 of the territorial waters continental shelf, exclusive economic zone and other maritime zones act, 80 of o vessel includes any ship, boat, sailing vessel or other description of vessel.

section 7. of the maritime zones of india regulation of fishing by foreign vessels act : where any foreign vessel enters any maritime zone of india without a valid licence or permit granted under this act, the fishing gear, if any, of such vessel shall, at all times while it is in such zone, be kept stowed in the prescribed manner.

section 9. of the maritime zones of india regulation of fishing by foreign vessels act : 1 any officer of the coast guard constituted under the coast guard act, 30 of , or such other officer of government as may be authorised by the central government may, for the purpose of ascertaining whether or not the requirements of this act have been complied with, either with or without a warrant, a stop or board a foreign vessel in any maritime zone of india and search such vessel for fish and for equipment used or capable of being used for fishing b require the master of such vessel to produce i any licence, permit, log book or other document relating to the vessel and examine or take copies of such licence, permit, log book or document ii any catch, net, fishing gear or other equipment on board such vessel or belonging to the vessel and examine such fish, net, gear or equipment c make such inquiries as may be necessary to ascertain whether any offence under this act has been committed. 2 where the officer referred to in subsection 1 hereinafter referred to as authorised officer has reason to believe that any foreign vessel has been, is being, or is about to be, used for committing an offence under this act, he may, with or without a warrant, a seize and detain such vessel, including any fishing gear, fish equipment, stores or cargo found on board such vessel or belonging to the vessel, and seize and detain any fishing gear abandoned by the vessel b require the master of the vessel so seized or detained to bring such vessel to any specified port c arrest any person who, such officer has reason to believe, has committed such an offence. 3 in taking any action under subsection 2, the authorised officer may use such force as may be reasonably necessary. 4 where any vessel or other things are seized, or any person has been arrested, under subsection 2, a the vessel or other things so seized shall, as soon as possible, be produced before a magistrate competent to try an offence under this act who shall make such order as he may deem fit for the retention or custody of such vessel or things with government or with any other authority pending the completion of any proceedings for the prosecution of any offence under this act or for its use by such authority during such retention or custody on such terms and conditions as the magistrate may think fit provided that the magistrate may, on an application made by the owner or master of such vessel in the prescribed form, order the release of the vessel or other things so seized on the owner or master furnishing security in the form of cash or a bank guarantee for an amount not less than fifty per cent of the value of the vessel or things so seized: provided further that where any fish so seized is subject to deterioration, the magistrate may authorise the sale of such fish and the depositing of the proceeds of such sale in court b the arrested person shall, as soon as possible, be informed of the grounds for such arrest and he shall, without unnecessary delay, be produced before such magistrate and c the central government shall be informed of such seizure or arrest and the details thereof. 5 where, in pursuance of the commission of any offence under this act, any foreign vessel is pursued beyond the limits of the exclusive economic zone of india, the powers conferred on an authorised officer by this section may be exercised beyond such limits in the circumstances and to the extent recognised by international law and state practice.

section 4. of the maritime zones of india regulation of fishing by foreign vessels act : 1 the owner of a foreign vessel or any other person not being in either case any person to whom any of the descriptions specified in subitems 1 to 3 of item i of subclause ii of clause e of section 2 applies who intends to use such vessel for fishing within any maritime zone of india, may make an application to the central government for the grant of a licence. 2 every application under subsection 1 shall be in such form and shall be accompanied by such fees as may be prescribed. 3 no licence shall be granted unless the central government, having regard to such matters as may be prescribed in the public interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the licence may be granted. 4 every order granting or rejecting an application for the issue of a licence shall be in writing. 5 a licence granted under this section a shall be in such form as may be prescribed b shall be valid for such areas, for such period, for such method of fishing and for such purposes as may be specified therein c may be renewed from time to time and d shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein. 6 a person holding a licence under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this act, or any rule or order made thereunder and the conditions of such licence.

section 10. of the maritime zones of india regulation of fishing by foreign vessels act : where any foreign vessel is used in contravention of the provisions of section 3, the owner or master of such vessel shall, a in a case where such contravention takes place in any area within the territorial waters of india, be punishable with imprisonment for a term not exceeding three years or with fine not exceeding rupees fifteen lakhs or with both and b in a case where such contravention takes place in any area within the exclusive economic zone of india, be punishable with fine not exceeding rupees ten lakhs.

section 3. of the maritime zones of india regulation of fishing by foreign vessels act : subject to the provisions of this act, no foreign vessel shall, except under and in accordance with a a licence granted under section 4 or b a permit granted under section 5, by the central government, be used for fishing within any maritime zone of india.

section 5., using foreign vessels. of the maritime zones of india regulation of fishing by foreign vessels act : 1 every indian citizen and every person to whom any of the descriptions specified in subitem 2 or 3 of item i of subclause ii of clause e of section 2 applies, who intends to use any foreign vessel for fishing within any maritime zone of india, may make an application to the central government for a permit to use such vessel for such purpose. 2 every application under subsection 1 shall be made in such form and shall be accompanied by such fees as may be prescribed. 3 no permit shall be granted unless the central government, having regard to such matters as may be prescribed in the public interest in this behalf and after making such inquiry in respect of such other matters as may be relevant, is satisfied that the permit may be granted. 4 every order granting or rejecting an application for the grant of such permit shall be in writing. 5 a permit granted under this section a shall be in such form as may be prescribed b shall be valid for such areas, for such period, for such method of fishing and for such purposes as may be specified therein c may be renewed from time to time and d shall be subject to such conditions and restrictions as may be prescribed and to such additional conditions and restrictions as may be specified therein. 6 a person holding a permit under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this act or any rule or order made thereunder and the conditions of such permit. 7 notwithstanding anything contained in the foregoing provisions of this section, or in section 3, any permission granted to an indian citizen to use or employ foreign fishing vessels in any maritime zone of india and in force immediately before the commencement of this act shall, if the terms and conditions of such permission are not inconsistent with the provisions of this act, be deemed to be a permit granted under this section and such permission shall continue to be in force after such commencement on the same terms and conditions, including the conditions as to the area of operation and the period of its validity, and the provisions of this act shall, so far as may be, apply to such permission.

section 6. of the maritime zones of india regulation of fishing by foreign vessels act : 1 the central government may, if there is any reasonable cause to believe that the holder of any licence or permit has made any statement in, or in relation to, any application for the grant or renewal of such licence or permit which is incorrect or false in material particulars or has contravened any of the provisions of this act or any rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, suspend such licence or permit, as the case may be, pending the completion of any inquiry against such holder for making such incorrect or false statement or for such contravention, as the case may be. 2 where the central government is satisfied, after making such inquiry as is necessary, that the holder of any licence or permit has made such incorrect or false statement as is referred to in subsection 1 or has contravened the provisions of this act, rule or order made thereunder or of the provisions of any licence or permit or any conditions or restrictions specified therein, it may, without prejudice to any other penalty to which such holder may be liable under the provisions of this act, cancel such licence or permit, as the case may be. 3 every person whose licence or permit has been suspended under subsection 1 shall, immediately after such suspension, stop using the foreign fishing vessel in respect of which such licence or permit is given and shall not resume such fishing until the order of suspension has been revoked. 4 every holder of a licence or permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender such licence or permit, as the case may be, to the central government.

section 17. of the maritime zones of india regulation of fishing by foreign vessels act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any such punishment provided in this act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means a body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 11. of the maritime zones of india regulation of fishing by foreign vessels act : whoever contravenes the provisions of any licence shall be punishable with fine not exceeding rupees ten lakhs.

section 12. of the maritime zones of india regulation of fishing by foreign vessels act : whoever contravenes the provisions of any permit shall be punishable, a where such contravention relates to the area of operation or method of fishing specified in such permit, with fine not exceeding rupees five lakhs and b in any other case, with fine not exceeding rupees fifty thousand.

section 18. of the maritime zones of india regulation of fishing by foreign vessels act : notwithstanding anything contained in the code of criminal procedure, 2 of , every offence punishable under this act shall be cognizable.

section 13. of the maritime zones of india regulation of fishing by foreign vessels act : 1 where any person is convicted of an offence under section 10 or section 11 or section 12, the foreign vessel used in or in connection with the commission of the said offence, together with its fishing gear, equipment, stores and cargo and any fish on board such ship or the proceeds of the sale of any fish ordered to be sold under the second proviso to clause a of subsection 4 of section 9 shall also be liable to confiscation. 2 the foreign vessel or other things confiscated under subsection 1 shall vest in the central government.

section 14. of the maritime zones of india regulation of fishing by foreign vessels act : where any foreign vessel is found in any maritime zone of india in contravention of the provisions of section 7, the owner or master of such vessel shall be punishable with fine not exceeding rupees five lakhs.

section 15. of the maritime zones of india regulation of fishing by foreign vessels act : if any person a intentionally obstructs any authorised officer in the exercise of any powers conferred under this act or b fails to afford reasonable facilities to the authorised officer or his assistants to board the vessel or to provide for adequate security to such officer and assistants at the time of entry into the vessel or when they are on board such vessel or c fails to stop the vessel or produce the licence, permit, log book or other document or any fish, net, fishing gear or other equipment on board such vessel, when required to do so by the authorised officer, he shall be punishable with imprisonment for a term which may extend to one year or with fine not exceeding rupees fifty thousand or with both.

section 16. of the maritime zones of india regulation of fishing by foreign vessels act : where any person is convicted of an offence under this act, the court may, in addition to awarding any punishment, order that any costs incurred in connection with the retention or custody of the vessel during the pendency of any proceedings for the prosecution of an offence under this act, as reduced by the amount, if any, realised out of the use of the vessel by the authority with whom such vessel was retained or kept in custody, shall be payable by the person convicted.

section 19. of the maritime zones of india regulation of fishing by foreign vessels act : 1 no court shall take cognizance of any offence punishable under this act except on a report in writing of the facts constituting such offence made by an authorised officer. 2 no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act.

section 24. of the maritime zones of india regulation of fishing by foreign vessels act : the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

section 20. of the maritime zones of india regulation of fishing by foreign vessels act : notwithstanding anything contained in section 29 of the code of criminal procedure, 2 of , it shall be lawful for any metropolitan magistrate or any judicial magistrate of the first class specially empowered by the state government in this behalf to pass any sentence authorised by this act.

section 26. of the maritime zones of india regulation of fishing by foreign vessels act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it to be necessary for removing the difficulty : provided that no order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 21. of the maritime zones of india regulation of fishing by foreign vessels act : show related subordinates any person committing an offence under this act or any rules made thereunder may be tried for the offence in such place as the central government may, by general or special order, published in the official gazette, direct in this behalf.

section 22. of the maritime zones of india regulation of fishing by foreign vessels act : 1 where any offence is alleged to have been committed under the provisions of this act, the place of commission of such offence shall be presumed on the basis of the certified copy of the relevant entry in the log book or other official record of the vessel or aircraft which was used in connection with the detection of the offence. 2 where any foreign vessel is found within any maritime zone of india and the fishing gear of such vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed, unless the contrary is proved, that the said vessel was used for fishing within that zone.

section 23. of the maritime zones of india regulation of fishing by foreign vessels act : 1 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this act. 2 no suit or other legal proceeding shall lie against the government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this act.

section 25. of the maritime zones of india regulation of fishing by foreign vessels act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form in which an application for a licence or permit may be made and the fees that shall accompany such application b the matters which may be taken into account in the granting of licences and permits c the form of licences and permits and the conditions and restrictions subject to which licences and permits may be granted d the manner in which the fishing gear of a foreign vessel shall be kept stowed under section 7 e the terms and conditions under which a foreign vessel may be permitted to be used for fishing within any maritime zone of india for the purpose of carrying out any scientific research or investigation or for any experimental fishing under section 8 f the form in which an application may be made for releasing the vessel or other things seized under the first proviso to clause a of subsection 4 of section 9 g any other matter which is required to be, or may be, prescribed. 3 in making any rule under this section, the central government may provide that a contravention thereof shall be punishable with fine which may extend to fifty thousand rupees. 4 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 6. of the delhi municipal corporation act : 123the corporation, with the previous approval of 45central government, may, from time to time by order in the official gazette, alter or amend any order made under section 5. 1. subs. by delhi act 12 of , s. 9, for certain words w.e.f. . 2. subs. by act 67 of , s. 5, for section 4 w.e.f. . 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for central government w.e.f.. 5.subs. by act 10 of , s. 2, for government w.e.f. .

section 5a.. of the delhi municipal corporation act : special provision as to delimitation, etc..omitted by the delhi municipal corporation amendment act 67 of , s. 7 w.e.f. .

section 1. of the delhi municipal corporation act : 1. short title, extent and commencement.1 this act may be called the delhi municipal corporation act, . 2 except as otherwise provided in this act, it extends only to delhi. 3 the provisions of this act, except this section which shall come into force at once, shall come into force on such date1 as the 23central government may, by notification in the official gazette, appoints: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provision. 1. 2nd january, , vide notification no. f. 20/3/58/sr r, dated 31st december, , in respect of s. 2, chap. ii, ss. 54, 55, 56, 57, 58, 59, 89 and 97, chap. xxiii, ss. 485, 487, 488, 491, 500, 509, 513 and 515, see gazette of india, extraordinary, part iv. 15th february, , vide notification no. f. 20/3/58/sr r, dated 11th february, , in respect of s. 510, see gazette of india, extraordinary, part iv. 7th april, , vide notification no. f. 20/3/58/sr r, dated 5th april, , in respect of all the provisions of the act other than those which have already been brought into force, see gazette of india, extraordinary, part iv. 2. subs. by act 12 of , s. 2, for central government w.e.f. . 3. subs. by act 10 of , s. 2, for government w.e.f. .

section 3a. of the delhi municipal corporation act : show related subordinates 13a. division of the area of 23the corporation into zones and wards.1 the area of 23the corporation shall be divided into a number of zones and each zone and into a number of wards as specified in the fourteenth schedule. 2 the 45central government may, by notification in the official gazette, after the number or the name, and increase or diminish the area of any zone or ward specified in the fourteenth schedule. 1. 1. subs. by delhi act 12 of , s. 7, for section 3a w.e.f. . 2. subs. by s. 2, ibid., for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for every corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for central government w.e.f.. 5. subs. by act 10 of , s. 2, for government w.e.f. .

section 2. of the delhi municipal corporation act : show related subordinates in this act, unless the context otherwise requires, 11 administrator means the lieutenant governor of the national capital territory of delhi 21a annual value means the annual value of any vacant land or covered space of any building determined under section116e 341b appellate tribunal means an appellate tribunal constituted under section 347a 2 budgetgrant means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by 56the corporation and includes any sum by which such budgetgrant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this act and the regulations made thereunder 3 building means a house, outhouse, stable, latrine, urinal, shed, hut, wall other than a boundary wall or any other structure, whether of masonry, bricks, wood, mud, metal or other material but does not include any portable shelter 4 byelaw means a byelaw made under this act, by notification in the official gazette 5 casual vacancy means a vacancy occurring otherwise than by efflux of time in the office of a councillor an alderman or in any other elective office 76 commissioner means the commissioner of 56the corporation 87 corporation means 9the municipal corporation of delhi established under this act 8 corrupt practice means any of the practices specified in section 22 9 dangerous disease means a cholera, plague, chickenpox, smallpox, tuberculosis, leprosy, enteric fever, crebrospinal meningitis and diphtheria and b any other epidemic, endemic or infectious disease which the commissioner may, by notification in the official gazette, declare to be a dangerous disease for the purposes of this act 10 delhi means the entire area of the union territory of delhi except new delhi and delhi cantonment 11 delhi cantonment means the area for the time being within the local limits of the delhi cantonment board 10 11 12 13 15 drain includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted water, waste water, rain water or subsoil water 1415a election commission means the election commission of the national capital territory of delhi referred to in section 7. 15b election commissioner means the election commissioner of the national capital territory of delhi appointed by the administrator under section 7 16 entertainment includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment 17 factory means a factory as defined in the factories act, 63 of 18 filth includes offensive matter and sewage 15 16 21 goods includes animals 1721a government means the government of the national capital territory of delhi 22 housegully or service passage means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspoolor other receptacle for filth or other polluted matter, by municipal employees or other persons employed in the cleansing thereof or in the removal of such matter therefrom 23 hut means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which 1 2the corporation may declare to be a hut for the purposes of this act 24 land includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street 25licensed architect, licensed draughtsman, licensed engineer, licensed plumber, licensed surveyor and licensed town planner mean respectively a person licensed under the provisions of this act as an architect, draughtsman, engineer, plumber, surveyor and town planner 26 market includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person 27 member in relation to 56the corporation means a councillor 18 28 municipal authoritymeans any of the municipal authorities specified in section 44 29 municipal market means a market vested in or managed by the corporation 30 municipal slaughter house means a slaughter house vested in or managed by the corporation 1930a municipal taxation tribunal means the municipal taxation tribunal constituted under section 169 1930b municipal valuation committee means the municipal valuation committee constituted under section 116 20 32 new delhi means the area within the boundaries described in the first schedule 33 nuisance includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property 34 occupier includes a any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the tent of the land or building in respect of which such rent is paid or is payable b an owner in occupation of, or otherwise using his land or building c a rent free tenant of any land or building d a licensee in occupation of any land or building and e any person who is liable to pay to the owner damages for the use and occupation of any land or building 35 offensive matter includes animal car cases, kitchen or stable refuse, dung, dirt and putrid or putrefying substances other than sewage 36 official gazette means the official gazette of the union territory of delhi 37 owner includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant and also includes a the custodian of evacuee property in respect of evacuee property vested in him under the administration of evacuee property act 31 of and b the estate officer to the government of india, the secretary of the delhi development authority, constituted under the delhi development act, 61 of the general manager of a railway and the head of a government department, in respect of properties under their respective control 38 premises means any land or building or part of a building and includes a the garden, ground and outhouses, if any, appertaining to a building or part of a building and b any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof 39 private street means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners 40 private market means a market which is not a municipal market 41 private slaughter house means a slaughter house which is not a municipal slaughter house 42 public place means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not 43 public securities means any securities of the central government or a state government or any securities guaranteed by the central government or a state government or any securities issued under this act or any debentures issued by the bombay, calcutta or madras municipal corporation 44 public street means any street which vests in 56the corporation as a public street or the soil below the surface of which vest in 56the corporation or which under the provisions of this act becomes, or is declared to be, a public street 2144a public utilities include watersupply, sewerage and drainage, solid waste management, energy and telecommunication services, gas distribution system, and public transport system, whether managed by government or otherwise 45 railway administration has the meaning assigned to it in the indian railway act, , 9 of 46 rate layer means a person liable to pay any rate, tax, cess or licence fee under this act 22 48 regulationmeans a regulation made 23by 5 6the corporation under this act, by notification in the official gazette 49 reside a a person shall be deemed to reside in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and b a person shall not be deemed to cease to reside in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it 50 rubbish includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth 51 rule means a rule made by the and the central government 24and the government under this act, by notification in the official gazette 52 rural areas means the areas of delhi which immediately before the establishment of 56the corporation are situated within the local limits of the district board of delhi established under the punjab district boards act, , punjab act xx of , but shall not include such portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined 53 scheduled caste means any of the scheduled castes specified in part i of the scheduled to the constitution scheduled castes union territories order, 54 sewage means nightsoil and other contents of latrines, urinals, cesspools or drains, and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufactories of all kinds 55 shed means a slight or temporary structure for shade or shelter 56 slaughter house means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption 57 street includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadways or footway over any bridge or causeway 58 trade effluent means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage 59 trade premises means any premises used or intended to be used for carrying on any trade or industry 60 trade refuse means the refuse of any trade or industry 61 urban areas means the areas of delhi which are not rural areas 2561a vacant landmeans the land within a premises excluding the land occupied by the plinth of any building erected thereon. 62 vehicle includes a carriage, cart, van, dray, truck, handcart, bicycle, tricycle, cyclerickshaw, autorickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street 2662a voting machine means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box ballot paper in this actor the rules made here under shall, save as otherwise provided, be constructed as including a reference to such voting machine wherever such voting machine is used at any election. 63 ward means a municipal ward provided by order made under section 5 for the purpose of election of councillors 2763a wards committee means the wards committee referred to in section 50 64 water course includes any river, stream or channel whether natural or artificial 28 66 workshop means any premises including the precincts thereof other than a factory, wherein any industrial process is carried on 67 yearmeans a year commencing on the 1st day of april 2568 zone means a zone referred to in section 3a. 1. subs. by act 67 of , s. 2, for clause 1 w.e.f. . 2. ins. delhi act 6 of , s. 3 w.e.f. . 3. ins. by act 42 of , s. 2 w.e.f. . 4. clause 1a renumbered as clause 1b by delhi act 6 of , s. 3 w.e.f. . 5. subs. by act 12 of , s. 2, for the corporation w.e.f. . 6. subs. by act 10 of , s. 2, for a corporation w.e..f. . 7. subs. by act 12 of , s. 3, for clause 6 w.e.f. . 8.subs. by act 12 of , s. 3, for clause 7 w.e.f. . 9. subs. by act 10 of , s. 3, for a corporation of delhi w.e.f. . 10. omitted by act 67 of , s. 2 w.e.f. . 11. omitted by act 71 of , s. 7b and the second schedule w.e.f. . 12. omitted by act 67 of , s. 2 w.e.f. . 13. omitted by s. 2, ibid. w.e.f. . 14. ins. by s. 2, ibid. w.e.f. . 15. omitted by s. 2, ibid. w.e.f. . 16. omitted by act 71 of , s. 7b and the second schedule w.e.f. . 17. ins. by act 67 of , s. 2 w.e.f. . 18. the words or an alderman thereof omitted by act 67 of , s. 2 w.e.f. . 19. ins. by delhi act 6 of , s. 3 w.e.f. . 20. clause 31 omitted by act 67 of , s. 2 w.e.f. . 21. ins by delhi act 6 of , s. 3 w.e.f. . 22. clause 47 delhi act 6 of , s. 3 w.e.f. . 23. ins. by act 42 of , s. 2 w.e.f. . 24. ins. by delhi act 12 of , s. 3 w.e.f. . 25. ins. by delhi act 6 of , s. 3 w.e.f. . 26. ins. by delhi act 10 of , s. 2 w.e.f. . 27. ins. by act 67 of , s. 2 w.e.f. .

section 7. of the delhi municipal corporation act : show related subordinates 127. elections to 34the corporation.1 the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to 34the corporation shall be vested in the election commission of the national capital territory of delhi consisting of an election commissioner to be appointed by the administrator. 2 subject to the provisions of any law made by the legislative assembly of the national capital territory of delhi, the conditions of service and tenure of office of the election commissioner shall be such as the administrator may by rules determine: provided that the election commissioner shall not be removed from office except in a like manner and on the like grounds as a judge of a high court and the conditions of service of the election commissioner shall not be varied to his disadvantage after his appointment. 3 the administrator shall, when so requested by the election commission make available to that commission such staff which the administrator considers necessary for discharge of the functions conferred on the election commission by subsection 1. 1. subs. by act 55 of , s. 5, for section 7 w.e.f. . 2. subs. by act 67 of , s. 8, for section 7 w.e.f. 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 3. of the delhi municipal corporation act : 11 2with effect from such date as the 3government may, by notification in the official gazette, appoint, there shall be 4 5the corporation charged with the municipal government of delhi, to be known as the municipal corporation of delhi. 62 7 8the corporation so established shall be a body corporate with the name duly notified by the 3government having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by the said name sue and be sued. 93a 78the corporation shall be composed of the councillors b the following persons shall be represented in 45the corporation , namely: i ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the administrator: provided that the persons nominated under this subclause shall not have the right to vote in the meetings of 45the corporation ii members of the house of the people representing constituencies which comprise wholly or partly the area of the corporation and the members of the council of states registered as electors within the area of 45the corporation iii as nearly as possible onefifth of the members of the legislative assembly of the national capital territory of delhi representing constituencies which comprise wholly or partly the area of 45the corporation to be nominated by the speaker of that legislative assembly, by rotation every year: provided that while nominating such members by rotation the speaker shall ensure that as far as possible all the members are given an opportunity of being represented in 45the corporation at least once during the duration of the corporation iv the chairpersons of the committees, if any, constituted under sections 39, 40 and 45, if they are not councillors. 4 councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which delhi shall be divided in accordance with the provisions of this act 10. 11125 the total number of seats of councillors and the number of seats reserved for the members of the scheduled castes in 45the corporation, shall, at the time of establishment of corporation, be as determined by the central government by notification in the official gazette. 6 upon the completion of each census after the establishment of 45the corporation, the number of seats shall be on the basis of the population of 13delhi as ascertained at that census and shall be determined by the central government by notification in the official gazette and the number of seats to be reserved for the members of the scheduled castes shall, as nearly as may be, bear the same ratio to the total number of seats as the population of scheduled castes bears to the total population of 13delhi: provided that the total number of seats shall in no case be more than two hundred and fifty and the number of seats in 45the corporation shall be determined by the central government at the time of the establishment of 45the corporation: provided further that the determination of seats as aforesaid shall not affect the then composition of the corporation until the expiry of the duration of the corporation: : provided also that the seats reserved for the scheduled castes may be allotted by rotation to different wards in such manner as the central government may, by order published in the official gazette, direct. 147 seats shall be reserved for women belonging to the scheduled castes, from among the seats reserved for the scheduled castes, the number of such seats being determined by the central government by order published in the official gazette which shall not be less than 15onehalf of the total number of seats reserved for the scheduled castes. 168 seats shall be reserved for women, the number of such seats being determined by order published in official gazette by the government which shall not be less than the 15onehalf of total number of seats other than those reserved for the scheduled castes: provided that such seats reserved for women shall be allotted by rotation to different wards in such manner as the central government may, by order published in the official gazette, direct in this behalf. 1. subs. by delhi act 12 of , s. 6, for subsection 1 w.e.f. . 2. subs. by act 10 of , s. 5, for subsections 1 and 1a w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 4. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. subs. by delhi act 12 of , s. 6, for subsection 2 w.e.f. . 7. subs. by delhi act 12 of , s. 2, for a corporation w.e.f. . 8. subs. by act 10 of , s. 2, for every corporation w.e.f. . 9. subs. by act 67 of , s. 3, for subsection 3 w.e.f. . 10. subs. by delhi act 12 of , s. 2, for a corporation w.e.f. . 11. subs. by delhi act 12 of , s. 6, for subsections 5 and 6 w.e.f. . 12. subs. by act 10 of , s. 5, for subsections 5 and 6 w.e.f. . 13. subs. by delhi act 12 of ,s. 2, for the area of the corporation w.e.f. . 14. subs. by act 67 of , s. 3, for subsection 7 w.e.f . 15. subs. by delhi act 12 of , s. 6, for onethird w.e.f. . 16. ins. by act 67 of , s. 3 w.e.f. .

section 4. of the delhi municipal corporation act : 14. duration of 23the corporation.1 45the corporation, unless sooner dissolved under section 490, shall continue for five years from the date appointed for its first meeting and no longer: 2 an election to constitute 23the corporation shall be completed i before the expiry of its duration specified in subsection 1 ii before the expiration of a period of six months from the date of its dissolution : provided that where the remainder of the period for which the dissolved corporation would have continued is less than six months, it shall not be necessary to hold any election under this subsection for constituting 23the corporation for such period. 1. subs. by act 67 of , s. 5, for section 4 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 7b. of the delhi municipal corporation act : 1 the electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of government or 12the corporation as 3the election commission may, in consultation with the government, designate or nominate in this behalf. 2 to assist the electoral registration officer in the discharge of his functions under subsection 1 the 4election commission may employ such persons as it thinks fit. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 9, for central government may w.e.f. . 4. subs. by s. 9, ibid, for director of municipal elections may employ such persons as he thinks fit w.e.f. .

section 5. of the delhi municipal corporation act : 15. delimitation of wards.21 for the purposes of election of councillors, 3the area of 45the corporation shall be divided into singlemember wards in such manner that the population of each of the wards shall, so for as practicable, be the same throughout 3the area of 45the corporation. 2 the 67central government shall, by order in the official gazette, determine, a the number of wards b the extent of each ward 8 c the wards in which seats shall be reserved for the scheduled castes 9d the wards in which seats shall be reserved for women and e the manner in which seats shall be rotated under subsections 6 and 8 of section 3. 1.subs. by act 42 of , s. 3, for section 5 w.e.f. . 2.subs. by act 55 of , s. 4, for subsection 1 w.e.f. . 3. subs. by delhi act 12 of , s. 8, for delhi w.e.f. . 4.subs. by s. 2, ibid., for the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. subs. by delhi act 12 of , s. 2, for central governmentw.e.f.. 7.subs. by act 10 of , s. 2, for government w.e.f. . 8. the word and omitted by act 67 of , s. 6 w.e.f. . 9. ins. by act 67 of , s. 6 w.e.f. .

section 7f. of the delhi municipal corporation act : if the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any ward a is erroneous or defective in any particular or b should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward or c should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the 1election commission in this behalf, amend, transpose or delete the entry: provided that before taking any action on the ground specified in clause a or clause b or any action under clause c on the ground that the person concerned has ceased to be ordinarily resident within such ward or that he is otherwise not entitled to be registered in the electoral roll of such ward, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him. 1. subs. by s. 13, ibid. for director of municipal elections w.e.f. .

section 7a. of the delhi municipal corporation act : for every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this act and the rules made thereunder.

section 7c. of the delhi municipal corporation act : 1 1the election commission may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions. 2 every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer. 1. subs. by s. 10, ibid. for the central government w.e.f.

section 7d. of the delhi municipal corporation act : the persons entitled to be registered as electors in the electoral roll of 1an assembly constituency in delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the representation of the people act, 43 of shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of 1an assembly constituency. explanationin this section, in subsection 1 of section 7e and in clause ag of subsection 1 of section 31, the expression 1an assembly constituency has the meaning assigned to it under the representation of the people act, 43 of . 1. subs. by s. 11, ibid. for a parliamentary constituency w.e.f. .

section 7e. of the delhi municipal corporation act : 1 the electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose: provided that if the 1election commission is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of 2the assembly constituency for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of 2the assembly constituency for the time being in force as relates to the ward shall, subject to any rules made for the purpose, be the electoral roll of the ward for the general election. 2 the electoral roll prepared or adopted, as the case may be, under subsection 1 shall a unless otherwise directed by the 1election commission, for reasons to be recorded in writing, be revised in the manner prescribed by rules by reference to the qualifying date before each byeelection to fill a casual vacancy in a seat allotted to the ward and b be revised in any year in the manner prescribed by rules by reference to the qualifying date if such revision has been directed by the 1election commission: provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected. 3 notwithstanding anything contained in subsection 2, the 1election commission may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any ward or part of a ward in such manner as it may think fit: provided that the electoral roll for the ward as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed. explanation:in this section, the expression qualifying date means such date as the 1election commission may, by order, specify in this behalf. 1. subs. by act 67 of , s. 12, for central government w.e.f. . 2. subs. by s. 12, ibid. for a parliamentary constituency w.e.f. .

section 7g. of the delhi municipal corporation act : 1 any person whose name is not included in the electoral roll of a ward may apply to the electoral registration officer for the inclusion of his name in that roll. 2 the electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein: provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that officer shall, on receipt of the information, strike off the applicants name from that roll. 3 no amendment, transposition or deletion of any entry shall be made under section 7f and no direction for the inclusion of a name in the electoral roll of a ward shall be given under this section after the last date for making nominations for an election in that ward and before the completion of that election.

section 8. of the delhi municipal corporation act : show related subordinates a person shall not be qualified to be chosen as a councillor 1unless he has attained the age of twentyone years and his name is registered as an elector in the electoral roll for a ward: provided that in the case of a seat reserved for the scheduled castes, a person shall not be so qualified unless he is also a member of any of the said castes: 2provided further that in the case of a seat reserved for woman, no person other than a woman shall be qualified to be chosen as a councillor. 1. subs. by s. 16, ibid. for unless his name w.e.f. . 2. the proviso ins. by s. 16, ibid. w.e.f. .

section 12. of the delhi municipal corporation act : 1 when a casual vacancy occurs in the office of a councillor the 1election commission shall, soon as may be after the occurrence of such vacancy and subject to the provisions of subsection 2, by a notification in the official gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this act and the rules and orders made thereunder before such date as may be specified in the notification: provided that no election shall be held to fill a casual vacancy occurring within 2six months prior to the holding of a general election under section 11. 2 if the vacancy be a vacancy in a seat reserved for the scheduled castes the notification issued under subsection 1 shall specify that the person to fill that seat shall belong to one of the scheduled castes. 33 if the vacancy be a vacancy in a seat reserved for women the notification issued under subsection 1 shall specify that the person to fill that seat shall be a woman. 1. subs. by s. 19, ibid., for director of municipal elections w.e.f. . 2. subs. by s. 19, ibid., for four months w.e.f. . 3. ins. by s. 19, ibid. w.e.f. .

section 10. of the delhi municipal corporation act : 1 every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward. 1 1. omitted by act 42 of , s. 4 w.e.f. .

section 7h. of the delhi municipal corporation act : an appeal shall lie within such time and in such manner as may be prescribed by rules to the 1election commission from any order of the electoral registration officer under section 7f or section 7g. 1. subs. by act 67 of , s. 14, for director of municipal elections w.e.f.

section 7i. of the delhi municipal corporation act : no civil court shall have jurisdiction a to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward or b to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the 1election commission. 1. subs. by s. 15, ibid. for director of municipal elections w.e.f.

section 9. of the delhi municipal corporation act : 1 a person shall be disqualified for being chosen as, and for being, a councillor, 1 a if he is of unsound mind and stands so declared by a competent court b if he is an undischarged insolvent c if he is not a citizen of india, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance or adherence to a foreign state 2d if he is so disqualified by or under any law for the time being in force for the purposes of elections to the legislative assembly of the national capital territory of delhi e if he is so disqualified by or under any law made by the legislative assembly of the national capital territory of delhi f if he holds any office of profit under 34the corporation g if he holds any office of profit under the government 5or central government h if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner i if he is interested in any subsisting contract made with, or any work being done for, 34the corporation except as a shareholder other than a director in an incorporated company or as a member of a cooperative society j if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which 34the corporation or any of the municipal authorities is interested or concerned k if he, having held any office under the government, 34the corporation or any other authority, has been dismissed for corruption or disloyalty to the state unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the 6election commission l if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to 34the corporation within three months after a notice in this behalf has been served upon him. 2 notwithstanding anything contained in subsection 1 7 b a person shall not be deemed to have incurred any disqualification under clause f or clause g of that subsection by reason only of his receiving i any pension or ii any allowance or facility for serving as the mayor or deputy mayor or as a councillor 1 or 8iii any fee for attendance at meetings of any committee of 34the corporation c a person shall not be deemed to have any interest in a contract or works such as is referred to in clause i of that subsection by reason only of his having a share or interest in i any lease, sale, exchange or purchase of immovable property or any agreement for the same or ii any agreement for the loan of money or any security for the payment of money only or iii any newspaper in which any advertisement relating to the affairs of the corporation is inserted or iv the sale 34the corporation or to any municipal authority or any officer or other employee of 34the corporationon behalf of 34the corporation, of any article in which he regularly trades or the purchase from 34the corporationor from any such authority, officer or other employee on behalf of 34the corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work or v the letting out on hire to 34the corporation or the hiring from 34the corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work or 9vi any agreement or contract with 34the corporation or any municipal authority for any goods or services which 34the corporation may generally supply. 3 if a person sits or votes as a member of 34the corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this act. 1. the words or an alderman omitted by act 67 of , s. 17 w.e.f. . 2. subs. by s. 17, ibid., for clauses d and e w.e.f. . 3.subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. ins. by act 67 of , s. 17 w.e.f. . 6. subs. by s. 17, ibid., for central government w.e.f. . 7. omitted by act 67 of , s. 17 w.e.f. . 8. subs. by s. 17, ibid., for subclause iii w.e.f. . 9. subs. by act 67 of , s. 17, for subclause vi w.e.f. .

section 11. of the delhi municipal corporation act : 1 a general election of councillors shall be held for the purpose of constituting 12the corporation under section 3. 3 3 for the aforesaid purposes the 4election commission shall, by one or more notifications published in the official gazette call upon all the wards to elect councillors in accordance with the provisions of this act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications: provided that where in any ward a seat has been reserved for the scheduled castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes: 5provided further that where in any ward a seat has been reserved for woman, such notification or notifications shall specify that the person to fill that seat shall be a woman. 1. subs. by delhi act 12 of , s. 2, for a corporation w.e.f. . 2.subs. by act 10 of , s. 2, for the corporation w.e.f. . 3. omitted by act 67 of , s. 18 w.e.f. . 4. subs. by act 67 of , s. 18, for director of municipal elections w.e.f. . 5. ins. by s. 18 ibid. w.e.f. .

section 13.. of the delhi municipal corporation act : election of aldermen.omitted by the delhi municipal corporation amendment act 67 of , s. 20 w.e.f. .

section 20. of the delhi municipal corporation act : show related subordinates if during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

section 14. of the delhi municipal corporation act : 114. publication of result of election.the names of all persons elected as councillors shall, as far as may be, after each election, be published by the election commission simultaneously in the official gazette. 1. subs. by s. 21, ibid., for section 14 w.e.f. .

section 15. of the delhi municipal corporation act : 1 no election of a councillor 1 shall be called in question except by an election petition presented to the court of the district judge of delhi within fifteen days from the date of the publication of the result of the election under section 14. 22 an election petition calling in question any such election may be presented under any of the grounds specified in section 17 by any candidate at such election, by any elector of the ward concerned or by any councillor. 3 a petitioner shall join as respondents to his petition all the candidates at the election. 4 an election petition a shall contain a concise statement of the material facts on which the petitioner relies b shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question and c shall be signed by the petitioner and verified in the manner laid down in the code of civil procedure, 5 of for the verification of pleadings. 1. the words or an alderman omitted by s. 22, ibid. w.e.f. . 2. subs. by s. 22, ibid., for subsection 2 w.e.f. .

section 16. of the delhi municipal corporation act : 1 a petitioner may claim a a declaration that the election of all or any of the returned candidates is void, and b in addition thereto, a further declaration that he himself or any other candidate has been duly elected. 2 the expression returned candidate means a candidate whose name has been published in the official gazette under section 14.

section 17. of the delhi municipal corporation act : 1 subject to the provisions of subsection 2 if the court of the district judge is of opinion a that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor 1 under this act, or b that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or c that any nomination paper has been improperly rejected, or d that the result of the election, in so far as it concerns a returned candidate, has been materially affected i by the improper acceptance of any nomination, or ii by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or iii by the improper acceptance or refusal of any vote or reception of any vote which is void, or iv by the noncompliance with the provisions of this act or of any rules or orders made thereunder, the court shall declare the election of the returned candidate to be void. 2 if in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied a that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate b that the candidate took all reasonable means for preventing the commission of corrupt practices at the election and c that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents then the court may decide that the election of the returned candidate is not void. 1. the words or, as the case may be, as an alderman omitted by act 67 of , s. 23 w.e.f. .

section 18. of the delhi municipal corporation act : the procedure provided in the code of civil procedure, 5 of , in regard to suits shall be followed by the court of the district judge as far as it can be made applicable, in the trial and disposal of an election petition under this act.

section 19. of the delhi municipal corporation act : 1 at the conclusion of the trial of an election petition, the court of the district judge shall make an order a dismissing the election petition or b declaring the election of all or any of the returned candidates to be void or c declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidates to have been duly elected. 2 if any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the court of the district judge is of opinion a that in fact the petitioner or such other candidate received a majority of the valid votes, or b that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes, the court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

section 21. of the delhi municipal corporation act : 1 an order of the court of the district judge on an election petition shall be final and conclusive. 2 an election of a councillor 1 not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election. 1. the words or an alderman omitted by act 67 of , s. 24 w.e.f. .

section 22. of the delhi municipal corporation act : the following shall be deemed to be corrupt practices for the purposes of this act: 1 bribery as defined in clause 1 of section 123 of the representation of the people act, 43 of . 2 undue influence as defined in clause 2 of the said section. 3 the systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidates election. 4 the publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidates election. 5 the hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector other than the candidate himself, and the members of his family or his agent to or from any polling station provided in accordance with the rules made under this act: provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. explanationin this clause the expression vehicle means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. 6 the holding of any meeting in which intoxicating liquors are served. 7 the issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof. 8 any other practice which the central government may by rules specify to be a corrupt practice.

section 28. of the delhi municipal corporation act : 1 if any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. 2 no suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. 3 the persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the election and the expression official duty shall for the purposes of this section be construed accordingly.

section 24., at elections not to act for candidates or to influence voting. of the delhi municipal corporation act : 1 no person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force shall in the conduct or management of the election do any act other than the giving of votes for the furtherance of the prospects of the election of a candidate. 2 no such person as aforesaid shall endeavour a to persuade any person to give his vote at an election or b to dissuade any person from giving his vote at an election or c to influence the voting of any person at an election in any manner. 3 any person who contravenes the provisions of subsection 1 or subsection 2 shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

section 26. of the delhi municipal corporation act : 1 no person shall, on the date or dates on which a poll is taken at any polling station a use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker or b shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station. 2 any person who contravenes or wilfully aids or abets the contravention of the provisions of subsection 1, shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 3 if the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. 4 any police officer may take such step and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection 1, and may seize any apparatus used for such contravention. 5 an offence punishable under this section shall be cognizable,

section 25. of the delhi municipal corporation act : 1 no person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely: a canvassing for votes or b soliciting the vote of any elector or c persuading any elector not to vote for any particular candidate or d persuading any elector not to vote at the election or e exhibiting any notice or sign other than an official notice relating to the election. 2 no person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is taken for an election in that ward. 3 any person who contravenes the provisions of subsection 1 or subsection 2 shall be punishable with fine which may extend to two hundred and fifty rupees. 4 an offence punishable under this section shall be cognizable.

section 27. of the delhi municipal corporation act : 1 any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. 2 the powers conferred by subsection 1 shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. 3 if any person who has been so removed from a polling station, reenters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. 4 an offence punishable under subsection 3 shall be cognizable.

section 23. of the delhi municipal corporation act : 1 every officer or clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not except for some purpose authorised by or under any law communicate to any person any information calculated to violate such secrecy. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.

section 32a. of the delhi municipal corporation act : 132a. declaration of assets.1 every councillor shall, not later than thirty days after making and subscribing the oath or affirmation under subsection 1 of section 32 and before the last day of the same month in each succeeding year, file with the mayor a declaration in such form as may be prescribed by rules by the 23central government, of all the assets owned by him and members of his family and. such declaration shall form part of the records of 45the corporation. explanationfor the purposes of this subsection, family means the spouse and dependant children of the councillor. 2 a person shall be disqualified for being a councillor a if he fails to file a declaration referred to in subsection 1 or b if he files a declaration under that subsection which is either false or which he knows or believes to be false. 1. ins. by act 67 of , s. 28 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 3. subs. by act 10 of , s. 2, for governmentw.e.f. . 4.subs. by act 12 of , s. 2, for the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 29. of the delhi municipal corporation act : 1 any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. 2 if the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under subsection 1, such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency. 3 any ballot paper found upon the person arrested on search1 or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody. 4 an offence punishable under subsection 1 shall be cognizable.

section 29a. of the delhi municipal corporation act : 129a. prohibition of going armed to or near a polling station. 1 no person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the arms act, 54 of , of any kind within the neighbourhood of a polling station. 2 if any person contravenes the provisions of subsection 1, he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both. 3 notwithstanding anything contained in the arms act, 54 of , where a person is convicted of an offence, under this section, the arms as defined in the said act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have revoked under section 17 of that act. 4 an offence punishable under subsection 2 shall be cognizable. 1. ins. by delhi act 10 of , s. 3 w.e.f. .

section 29c.liquor not to be sold, given or distributed on polling day of the delhi municipal corporation act : 11 no spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, lavern, shop or any other place, public or private, within a polling area during the period of fortyeight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area. 2 any person who contravenes the provisions of subsection 1 shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to two thousand rupees, or with both. 3 where a person, is convicted of an offence under this section, the spirituous, fermented or intoxication liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed. 1. ins. by delhi act 10 of , s. 3 w.e.f. .

section 29b. of the delhi municipal corporation act : 1whoever commits an offence of booth capturing shall be punishable with imprisonment for a terms which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine. explanation:for the purposes of this section booth capturing includes, among other things, all or any of the following activities, namely : a seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers, used ballot box or boxes or voting machines use and doing of any other act which affects the orderly conduct of elections b taking possession of a polling station or a place fixed for the poll by, any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote c coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote d seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes e doing by any person in the service of government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate. 1. ins. by delhi act 10 of , s. 3 w.e.f. .

section 32. of the delhi municipal corporation act : 132. oath or affirmation.1 every councillor and every person nominated under subclause i of clause b of subsection 3 of section 3, before taking his seat, make and subscribe at a meeting of 23the corporation an oath or affirmation according to the following form, namely: i, a. b. having been nominated under subclause i of clause b of nominated under subclause i of clause b of subsection 3 of section 3 as representative in the municipal corporation of delhi, do swear in the name of god that i will bear true faith and allegiance to the solemnly affirm constitution of india as by law established and i will faithfully discharge the duty upon which i am about to enter. 2 if a person sits or votes as a councillor or sits as a representative before he has complied with the requirements of subsection 1 he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this act. 1. subs. by act 67 of , s. 27, for section 32 w.e.f. . 2. subs. by act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 31. of the delhi municipal corporation act : show related subordinates 1 the central government may make rules to provide for or regulate all or any of the following matters 1for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections of councillors 2 under this act, namely: 3a the particulars to be entered in the electoral rolls aa the preliminary publication of electoral rolls ab the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred ac the manner in which notices of claims or objections shall be published ad the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of ae the final publication of electoral rolls af the revision and correction of electoral rolls and inclusion of names therein ag the manner in which and the purpose for which the electoral roll of 4an assembly constituency may be used ah the correction of electoral rolls on change of extent or boundaries of wards b the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections c the nomination of candidates, form of nomination papers, objections to nomination and scrutiny of nominations d the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to 56the corporation e the withdrawal of candidatures f the appointment of agents of candidates g the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the scheduled castes 8and women h the date, time and place for poll and other matters relating to the conduct of elections including i the appointment of polling stations for each ward, ii the hours during which the polling station shall be kept open for the casting of votes, iii the printing and issue of ballot papers, iv the checking of voters by reference to the electoral roll, v the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters, vi the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, vii the procedure to be followed in respect of challenged votes and tendered votes, viii the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward, ix the custody and disposal of papers relating to elections, x the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll, xi the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count, xii the countermanding of the poll in the case of the death of a candidate before the poll 9hh the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition 10 j the fee to be paid on an election petition k any other matter 11relating to electoral rolls or elections or election disputes in respect of which the central government deems it necessary to make rules under this section or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of the central government necessary. 2 in making any rule under this section the central government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. 1. subs. by act 55 of , s. 7, for for the purpose of holding elections w.e.f. . 2. the words and alderman omitted by act 67 of , s. 26 w.e.f. . 3. subs. by act 55 of , s. 7, for clause a w.e.f. . 4. subs. by act 67 of , s. 26, for a parliamentary constituency w.e.f. . 5. subs. by act 12 of , s. 2, for the corporationw.e.f. . 6. subs. by act 10 of , s. 2, for a corporation w.e.f. . 7. subs. by act 67 of , s. 26, for a parliamentary constituency w.e.f. . 8. ins. by s. 26, ibid. w.e.f. . 9. ins. by act 42 of , s. 5 w.e.f. . 10. omitted by act 67 of , s. 26 w.e.f. . 11. subs. by act 55 of , s. 7, for relating to elections w.e.f. .

section 33a. of the delhi municipal corporation act : 133a. powers of election commission.1 where in connection with the tendering of any opinion to the administrator under subsection 4 of section 33, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the code of civil procedure, , 5 of in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of any document or other material object producible as evidence c receiving evidence on affidavits d requisitioning any public record or a copy thereof from any court or office e issuing commissions for the examination of witnesses or documents. 2 the commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the commission may be useful for, or relevant to, the subjectmatter of the inquiry. 3 the commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code 45 of , is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 2 of , forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the code of criminal procedure, . 4 any proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code 45 of . 1. ins. by act 67 of , s. 30 w.e.f. .

section 30. of the delhi municipal corporation act : 1 a person shall be guilty of an electoral offence if at any election he a fraudulently defaces or destroys any nomination paper or b fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer or c fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper or d without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper or e fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in or f without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election or g fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. 2 any person guilty of an offence under this section shall a if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both b if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 3 for the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election. 4 an offence punishable under clause b of subsection 2 shall be cognizable. 5 no court shall take cognizance of any offence under section 24, or under section 28, or under clause a of subsection 2 of this section unless there is a complaint made by order of, or under authority from, the 1election commission. 1. subs. by act 67 of , s. 25, for director of municipal elections w.e.f. .

section 32b. of the delhi municipal corporation act : no councillor shall be a member both of 12the corporation and parliament or the legislative assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the gazette of india, or as the case may be, in the official gazette, whichever is later that he has been so chosen, that persons seat in parliament or the legislative assembly shall become vacant unless he has previously resigned his seat in 12the corporation. 1. subs. by act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 33. of the delhi municipal corporation act : 1 if a councillor 1 a becomes subject to any of the disqualifications mentioned in 2section 9 or subsection 2 of section 32a or, b resigns his seat by writing under his hand addressed to the mayor and delivered to the commissioner, his seat shall thereupon become vacant. 2 if during three successive months, a councillor 3 is, without permission of 45the corporation, absent from all the meetings thereof, the corporation may declare his seat vacant. 63 if any question arises as to whether a councillor 3 has become subject to any of the disqualifications mentioned in section 9 or subsection 2 of section 32a, the question shall be referred for the decision of the administrator and his decision shall be final. 74 before giving any decision on any such question the administrator shall obtain the opinion of the election commission and shall act according to such opinion. 1. the words or an alderman omitted by act 67 of , s. 29 w.e.f. . 2. subs. by s. 29, ibid., for section 9 or w.e.f. . 3. the words or an alderman omitted by act 67 of , s. 29 w.e.f. . 4. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 5.subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. subs. by act 67 of , s. 29, for subsection 3 w.e.f. . 7. ins. by s. 29, ibid. w.e.f. .

section 33b. of the delhi municipal corporation act : 133b. statements made by persons to the election commission. no statement made by a person in the course of giving evidence before the election commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: provided that the statement a is made in reply to a question which he is required by the commission to answer or b is relevant to the subjectmatter of the inquiry. 1. ins. by s. 30, ibid. w.e.f. .

section 33c. of the delhi municipal corporation act : 133c. procedure to be followed by the election commission. the election commission shall have the power to regulate its own procedure including the fixing of places and times of its sittings and deciding whether to sit in public or in private. 1. ins. by s. 30, ibid. w.e.f. .

section 33d. of the delhi municipal corporation act : 133d. protection of action taken in good faith. no suit, prosecution or other legal proceedings shall lie against the commission or any person acting under the direction of the commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 33a to 33c or of any order made thereunder or in respect of the tendering of any opinion by the commission to the administrator or in respect of the publication, by or under the authority of the commission of any such opinion, paper or proceedings. 1. ins. by s. 30, ibid. w.e.f. .

section 37. of the delhi municipal corporation act : show related subordinates 1 when the office of the mayor is vacant, the deputy mayor shall act as mayor until a new mayor is elected. 2 when the mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the mayor shall be exercised and performed by the deputy mayor. 3 the mayor may by order in writing delegate any of his powers, duties and functions to the deputy mayor.

section 35. of the delhi municipal corporation act : 112the corporation shall at its first meeting in each year elect one of its members to be 3the chairperson to be known as the mayor and another member to be the deputy mayor of the corporation: 4provided that during the duration of 56the corporation the office of the mayor shall be reserved in favour of a member who is a woman for the first year of 56the corporation and in favour of a member belonging to a scheduled caste for the third year of 56the corporation. 2 on the occurrence of any vacancy in the office of the mayor or the deputy mayor, 56the corporation shall within one month of the occurrence of such vacancy elect one of its members as mayor or deputy mayor, as the case may be. 43 if the vacancy be a casual vacancy in the office of the mayor and is reserved for woman or for scheduled castes, the vacancy shall be filled by electing one of the councillors from amongst women or a member of the scheduled castes as the case may be. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. added by act 67 of , s. 32 w.e.f. . 4. ins. by s. 32, ibid. w.e.f. . 5. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 6. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 34. of the delhi municipal corporation act : 1the councillors and the persons referred to in clause b of subsection 3 of section 3 shall be entitled to receive allowances for attendance at meetings of the corporation and of any of its committees at such rate as may be determined by rules made in this behalf. 1. subs. by act 67 of , s. 31, for the councillors and the alderman w.e.f. .

section 36. of the delhi municipal corporation act : 1 the mayor or the deputy mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as mayor or deputy mayor 1 or unless in the case of the deputy mayor he is elected as mayor. 2 the mayor or the deputy mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf. 3 the mayor shall have full access to all the records of 23the corporation and may obtain reports 4 from the commissioner on any matter connected with the municipal government of 56delhi 7 1. the words or his term of office as a member of the corporation terminates in any manner omitted by act 67 of , s. 33 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. the brackets and letter a omitted by act 67 of , s. 33 w.e.f. . 5. subs. by delhi act 12 of , s. 3, for delhi w.e.f. . 6. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. 7. omitted by act 67 of , s. 33 w.e.f. .

section 39. of the delhi municipal corporation act : 1 in addition to the standing committee, 1and the wards committee referred to in section 44, there shall be a rural areas committee and an education committee of 23the corporation, 2 the rural areas committee shall consist of all the councillors elected from the wards situated within the rural areas. 3 it shall be the duty of the rural areas committee a to make recommendations to 23the corporationbr i in relation to the functions of 23the corporation which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas ii in relation to taxes which 23the corporation proposes to levy in the rural areas and iii generally in relation to the expenditure that may be incurred by 23the corporation for the municipal government in those areas b to review the progress of work of 23the corporation in the rural areas c to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies d to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by 23the corporation or by regulations made under this act. 4 45the corporation or any of the municipal authorities specified in section 44 shall not take any action, in relation to any of the matters specified in subclauses i, ii and iii of clause a of subsection 3 except in consultation with the rural areas committee. 5 the education committee shall consist of seven members of whom such number not exceeding three as may be determined by 23the corporation, shall be nominated by the corporation, from among experts in education who are not members of 23the corporation and the rest shall be elected by the members of the corporation from among themselves at the first meeting of 23the corporation after each general election or as soon as possible at any other meeting subsequent thereto. 6 the education committee shall exercise and perform such powers, duties and functions in relation to education in 6the area of the corporation as may be determined by regulations made in this behalf. 7 the rural areas committee as well as the education committee shall at its first meeting in each year elect one of its members 7who is a councillor to be the chairman and another member to be the deputy chairman. 1. subs. by act 67 of , s. 34, for certain words w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. subs by delhi act 12 of , s. 2, for delhi w.e.f. . 7. subs. by s. 34, ibid., for to be the chairman and another member to be the deputy chairman w.e.f. .

section 38. of the delhi municipal corporation act : 1 the mayor may, by writing under his hand addressed to the deputy mayor and delivered to the 1municipal secretary, resign his office. 2 the deputy mayor may, by writing under his hand addressed to the mayor and delivered to the 1municipal secretary, resign his office. 3 a resignation under subsection 1 or subsection 2 shall take effect from the date on which it is delivered. 1. subs. by act 42 of , s. 6, for secretary w.e.f. .

section 45. of the delhi municipal corporation act : 11 the standing committee shall consist off i six members elected by the councillors from among themselves at the first meeting of 23the corporation ii one member each elected by the members of each wards committee from among themselves at the first meeting of the wards committee after each general election or as soon as possible at any other meeting subsequent thereto. 2 on and 4from such date as may be determined by 23the corporation by resolution the standing committee shall be deemed to have been constituted. 53 onehalf of the members referred to in clause i of subsection 1 and onehalf of the members referred to in clause ii of that subsection shall retire on the expiration of one year from the date of the constitution of the standing committee after the commencement of the delhi municipal corporation amendment act, 27 of , and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the chairman of the standing committee may determine 4 during each succeeding year the members who have been longest in office shall retire therefrom: provided that in the case of a member who has been reelected the term of his office shall for the purpose of this subsection be computed from the date of his reelection. 65 78the corporation or the concerned wards committee as the case may be, shall in a meeting held immediately before the occurrence of the vacancies caused by the retirement of the members under subsection 3 or subsection 4, elect the requisite member or members from amongst the councillors or from amongst members of the wards committee, as the case may be, to fill up those vacancies. 6 any councillor 9 who ceases to be a member of the standing committee shall be eligible for reelection. 1. subs. by act 67 of , s. 39, for subsection 1 w.e.f. . 2. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 67 of , s. 39, for from the date of such election w.e.f. . 5. subs. by s. 39, ibid., for subsection 3 w.e.f. . 6. subs. by s. 39, ibid., for subsection 5 w.e.f. . 7. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 8. subs. by act 10 of , s. 2, for a corporation w.e.f. . 9. the words or alderman omitted by act 67 of , s. 39 w.e.f. .

section 40. of the delhi municipal corporation act : 1 12the corporation may constitute as many special and ad hoc committees as it thinks fit for the exercise of any power or discharge of any function which 34the corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which 34the corporation may refer to them. 2 any such committee shall consist of members of 34the corporation only: provided that an ad hoc committee may with the sanction of 34the corporation coopt not more than three persons who are not members of 34the corporation but who in the opinion of 34the corporation possess special qualifications for serving on such committee. 5 6 each committee constituted under this section shall elect one of its members 6who is a councillor as the chairman and another member as the vicechairman. 7 any matter relating to each of the committees constituted under section 39 or this section, not expressly provided in this act may be provided by regulations made in this behalf. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporationw.e.f. . 5. omitted by act 67 of , s. 35 w.e.f. . 6. ins. by s. 35, ibid. w.e.f. .

section 46. of the delhi municipal corporation act : 1 when a casual vacancy occurs in the office of a member of the standing committee, 1corporation or, as the case may be, wards committee shall fill up the vacancy, as soon as may be after, and in any case within one month of, the occurrence of the vacancy, by the election of another councillor or 2persons referred to in subclause i of clause b of subsection 3 of section 3. 2 a member elected to fill a casual vacancy shall be elected to serve for the remainder of his predecessors term of office 1. subs. by s. 40, ibid., for corporation shall w.e.f. . 2. subs. by s. 40, ibid., for alderman w.e.f. .

section 41. of the delhi municipal corporation act : 41. general powers of 12the corporation.1 subject to the provisions of this act and the rules, regulations and byelaws made thereunder the municipal government of 34delhi shall vest in 12the corporation. 2 without prejudice to the generality of the provisions of subsection 1, it shall be the duty of 12the corporation to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 4. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. .

section 42. of the delhi municipal corporation act : obligatory functions of 12the corporation3subject to the provisions of this act and any other law for the time being in force, it shall be incumbent on 12the corporation to make adequate provision by any means or measures which it may lawfully use or take, for each of the following matters, namely: a the construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences 4 c the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters 5 e the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances f the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose g the registration of births and deaths h public vaccination and inoculation i measures for preventing and checking the spread of dangerous diseases j the establishment and maintenance of 6 dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief 7jj the maintenance including the expansion and upgradation of facilities of the hospitals existing on the date of the commencement of the delhi municipal corporation amendment act, 67 of k the construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses. l the regulation and abatement of offensive or dangerous trades or practices m the securing or removal of dangerous buildings and places n the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like o the lighting, watering and cleansing of public streets and other public places p the removal of obstructions and projections in or upon streets, bridges and other public places q the naming and numbering of streets and premises r the establishment, maintenance of, and aid to, schools for primary education subject to such grants as may be determined by the central government from time to time s the maintenance of municipal offices t the laying out or the maintenance of public parks, gardens or recreation grounds 8 v the maintenance of monuments and memorials vested in any local authority in delhi immediately before the commencement of this act or which may be vested in 12the corporation after such commencement w the maintenance and development of the value of all properties vested in or entrusted to the management of 12the corporation and 9wa the preparation of plans for economic development and social justice. 10wb securing and establishment of egovernance system for citizens services on an anytimeanywhere basis for better, speedy, accountable and transparent administration x the fulfilment of any other obligation imposed by or under this act or any other law for the time being in force. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 36, for it shall be incumbent w.e.f. . 4. omitted by s. 36, ibid. w.e.f. . 5. omitted by s. 36, ibid. w.e.f. . 6. the word hospitals omitted by s. 36, ibid. w.e.f. . 7. ins. by s. 36, ibid. w.e.f. . 8. omitted by act 67 of , s. 36 w.e.f. . 9. ins. by s. 36, ibid. w.e.f. . 10. ins. by act 10 of , s. 6 w.e.f. .

section 43. of the delhi municipal corporation act : 1subject to any general or special order of the government, from time to time, 23the corporation may provide either wholly or in part for all or any of the following matters, namely: a the furtherance of education including cultural and physical education, by measures other than the establishment and maintenance of and aid to, schools for primary education b the establishment and maintenance of, and aid to, libraries, museums, art galleries, botanical or zoological collections c the establishment and maintenance of, and aid to, stadia, gymnasia, a kharas and places for sports and games d the planting and care of trees on roadsides and elsewhere e the surveys of buildings and lands f the registration of marriages g the taking of a census of population h the civic reception to persons of distinction i the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas j the organisation and management of fairs and exhibitions k the acquisition of movable or immovable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes l the construction and maintenance of i resthouses, ii poor houses, iii infirmaries, iv childrens homes, v houses for the deaf and dumb and for disabled and handicapped children, vi shelters for destitute and disabled persons, vii asylums for persons of unsound mind m the construction and maintenance of cattle pounds n the building or purchase and maintenance of dwelling houses for municipal officers and other municipal employees o any measures for the welfare of the municipal officers and other municipal employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchase of vehicles p the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with public health or medical relief q the provision for relief to destitute and disabled persons r the establishment and maintenance of veterinary hospitals s the organisation, construction, maintenance and management of swimming pool, public wash houses, bathing places and other institutions designed for the improvement of public health t the organisation and management of farms and dairies within or without delhi for the supply, distribution and processing of milk and milk products for the benefit of the residents of 4the area of the corporation u the organisation and management of cottage industries, handicraft centres and sales emporia v the construction and maintenance of warehouses and godowns w the construction and maintenance of garages, sheds and stands for vehicles and cattle biers x the provision for unfiltered water supply y the improvement of 45delhi in accordance with improvement schemes approved by 23the corporation z the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants and za any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare. 1 subs. by act 67 of , s. 37, for the corporation may in its discretion w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 5. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. .

section 44. of the delhi municipal corporation act : 144. enumeration of municipal authorities.for the efficient performance of its functions, there shall be the following municipal authorities under 23the corporation, namely: a the standing committee b the wards committee and c the commissioner. 1. subs. by act 67 of , s. 38, for section 44 w.e.f . 2. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. .

section 55. of the delhi municipal corporation act : show related subordinates the commissioner shall be paid out of the municipal fund such monthly salary and such monthly allowances, if any, as may from time to time be fixed by 12the central government and may be given such facilities if any in relation to residential accommodation, conveyance and the like as may from time to time be fixed by that government: provided that the salary of the commissioner shall not be varied to his disadvantage after his appointment. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 2. subs. by act 10 of , s. 2, for government w.e.f. .

section 47. of the delhi municipal corporation act : 1 the standing committee shall at its first meeting in each year elect one of its members 1who is a councillor to be the chairman and another member to be the deputy chairman. 2 the chairman or the deputy chairman of the standing committee shall hold office from the date of his election until the election of his successor in office unless in the meantime he resigns his office as chairman or deputy chairman or his term of office as member of the standing committee is in any manner determined or unless in the case of the deputy chairman he is elected as chairman. 3 on the occurrence of any casual vacancy in the office of the chairman or the deputy chairman, the standing committee shall within one month of the occurrence of such vacancy elect one of its members 1who is a councillor as chairman or deputy chairman, as the case may be, and the chairman or the deputy chairman so elected shall hold office for the remainder of his predecessors term. 1. ins. by act 67 of , s. 41 w.e.f. .

section 49. of the delhi municipal corporation act : the standing committee shall exercise such powers and perform such functions as are specifically conferred or imposed upon it by or under this act.

section 48. of the delhi municipal corporation act : 1 any member of the standing committee may resign his office by writing under his hand addressed to the chairman and the chairman may resign his office by writing under his hand addressed to the mayor. 2 a resignation under subsection 1 shall take effect from the date specified for the purpose in the writing referred to in that subsection, or if no such date is specified, from the date of its receipt by the chairman or the mayor, as the case may be.

section 54., of the commissioner. of the delhi municipal corporation act : 1 the central government shall, by notification in the official gazette, appoint a suitable person as the commissioner of 12the corporation. 2 the commissioner so appointed shall hold office for a term of five years in the first instance: provided that his appointed may be renewed from time to time for a term not exceeding one year at a time: provided further that where the commissioner holds a lien on any service under the government, the central government may at any time after reasonable notice to 12the corporation replace his services at the disposal of that government. 3 the central government a shall remove the commissioner from office if at a special meeting of 12the corporation called for the purpose a resolution for such removal has been passed by a majority of not less than threefifths of the total number of members b may remove the commissioner from office at any time if it appears, to that government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties which renders his removal expedient. 4 the commissioner shall not undertake any work unconnected with his office without the sanction of the central government and of 12the corporation. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 57. of the delhi municipal corporation act : show related subordinates if any vacancy occurs in the office of the commissioner on account of death, resignation or removal, 12the central government may appoint another person to officiate as commissioner in his place for a term not exceeding two months, pending the appointment of a commissioner under section 54. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 2. subs. by act 10 of , s. 2, for government w.e.f. .

section 50. of the delhi municipal corporation act : show related subordinates 150. constitution of the wards committee. 1 for each zone shall be a wards committee which shall consist of, a all the councillors elected from the wards comprised in that zone and b the person, if any, nominated by the administrator under subclause i of clause b of subsection 3 of section 3 if his name is registered as an elector within the territorial limits of the zone concerned. 2 the wards committee shall be deemed to have been constituted from the date on which the corporation is constituted after each general election. 1. subs. by act 67 of , s. 42, for the heading and sections 50 to 53 w.e.f. .

section 51. of the delhi municipal corporation act : 151. application of sections 47 and 48. the provisions of sections 47 and 48 shall apply in relation to a wards committee as they apply in relation to the standing committee. 1. subs. by act 67 of , s. 42, for the heading and sections 50 to 53 w.e.f. .

section 52. of the delhi municipal corporation act : 152. powers and functions of the wards committee. 1 subject to the provisions of this act, every wards committee shall exercise the powers and perform the functions as specified in the fifteenth schedule on behalf of 23the corporation in relation to that zone. 2 4the central government may , after consultation with the government, by notification in the official gazette, amend the fifteenth schedule. 3 when any question arises as to whether any matter falls within the purview of a wards committee or 23the corporation, it shall be referred to the government, and the decision of that government thereon shall be final. 1. subs. by act 67 of , s. 42, for the heading and sections 50 to 53 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 10, for the central government may, after consultation with the government w.e.f. .

section 58. of the delhi municipal corporation act : show related subordinates 1 if the commissioner is an officer in the service of the government, 12the corporation shall make such contribution towards his leave allowances, pension and provident fund as may be required by the conditions of his service under the government, to be paid by him or for him, as the case may be. 2 if the commissioner is not an officer in the service of the government, his leave and leave allowances, his superannuation or retirement, his gratuity or pension and the proportions of his pensionary or provident fund contribution payable respectively from his salary and from the municipal fund shall be governed by rules: provided that a the amount of any such leave and leave allowances, gratuity or pension shall in no case, without the special sanction of the central government, exceed what would be admissible in the case of government servants of similar standing and status and b the conditions under which such allowances, gratuity or pension are granted or any leave, superannuation or retirement is sanctioned shall not without similar sanction be more favourable than those for the time being prescribed for such government servants. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 56. of the delhi municipal corporation act : show related subordinates 1 leave may be granted to the commissioner by the standing committee. 2 whenever such leave is granted to the commissioner 12the central government shall appoint another person to officiate as commissioner in his place. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 2. subs. by act 10 of , s. 2, for government w.e.f. .

section 59. of the delhi municipal corporation act : show related subordinates save as otherwise provided in this act, the entire executive power for the purpose of carrying out the provisions of this act 1 2 and of any other act for the time being in force which confers any power or imposes any duty on the corporation, shall vest in the commissioner who shall also a exercise all the powers and perform all the duties specifically conferred or imposed upon him by this act or by any other law for the time being in force b prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and other municipal employees other the municipal secretary and the municipal chief auditor and the municipal officers and other municipal employees immediately subordinate to them and subject to any regulation that may be made in this behalf, dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service c on the occurrence or threatened occurrence of any sudden accident or any unforseen event or natural calamity involving or likely to involve extensive damage to any property of the corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the standing committee and the corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant 3d subject to any regulation that may be made in this behalf, be the disciplinary authority in relation to all municipal officers and other municipal employees. 1. the words other than those pertaining to the delhi electric supply undertaking omitted by act 67 of , s. 43 w.e.f. . 2. the words on the delhi transport undertaking omitted by act 71 of , s. 7b and the second schedule w.e.f. . 3. subs. by act 67 of , s. 43, for clause d w.e.f. .

section 60.. of the delhi municipal corporation act : appointment, etc. of the general managers. omitted by the delhi municipal, corporation amendment act, 67 of , s. 44 w.e.f. .

section 66., with the corporation. of the delhi municipal corporation act : 1 a person shall be disqualified for being appointed as the commissioner 1 who has, directly or indirectly, by himself or by a partner, or any other person, any share or interest in any contract made with, or any work being done for, 23the corporation other than as such commissioner 4. 2 if the commissioner, 1 acquires directly or indirectly, by himself or by his partner, or any other person, any share or interest in any such contract or work as is referred to in subsection 1, he shall, unless the corporation in any particular case otherwise decides, be liable to be removed from his office by the order of the authority competent to remove him under the provisions of this act: provided that before an order of removal is made, the commissioner 5 shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 1. the words and brackets or the general manager electricity omitted by act 67 of , s. 122, s. 46 w.e.f . 2. subs. by delhi act 12 of , s. 2 the corporationw.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. the words or general manager, as the case may be omitted by act 67 of , s. 122, s. 46 w.e.f . 5. the words or such general manager omitted by s. 46, ibid. w.e.f. .

section 61.. of the delhi municipal corporation act : salary and allowances of general managers. omitted by s. 44, ibid. w.e.f. .

section 62.. of the delhi municipal corporation act : leave of absence to the general managers, etc. omitted by s. 44, ibid. w.e.f. .

section 63.. of the delhi municipal corporation act : service regulations of the general managers. omitted by s. 44, ibid. w.e.f. .

section 67. of the delhi municipal corporation act : 11 a member of the standing committee or a wards committee, if he ceases to be a councillor or ceases to represent any of the categories mentioned in subclause ii of clause b of subsection 3 of section 3 shall cease to be a member of that committee and his seat shall thereupon become vacant. 2 if a member of the standing committee, 2, absents himself during three successive months from the meetings of the committee except on account of illness or any other cause approved by the committee, or absents himself during six successive months from the meetings of the committee on account of any cause whatsoever, whether approved by the committee or not, he shall cease to be a member of the committee and his seat shall thereupon become vacant. 1. subs. by act 67 of , s. 122, s. 47, for subsection 1 w.e.f. . 2. the words the delhi electric supply committee or the delhi water supply and sewage disposal committee omitted by s. 47, ibid. w.e.f. .

section 64.. of the delhi municipal corporation act : functions of the general managers. omitted by s. 44, ibid. w.e.f. .

section 65. of the delhi municipal corporation act : 1 the standing committee, 1or the wards committee may appoint from among its own members any subcommittee consisting of such number as that committee may think fit for exercising any power or performing any function of that committee under this act or for inquiring into or reporting or advising upon any matter which that committee may refer to such subcommittee. 2 every such subcommittee shall conform to such instructions as may be given to it by the committee by which it has been appointed. 1. subs. by s. 45, ibid., for certain words w.e.f. .

section 70., to produce documents and furnish returns, reports, etc. of the delhi municipal corporation act : 1 12the corporation may at any time require the commissioner a to produce any record, correspondence, plan or other document which is in his possession or under his control as commissioner or which is recorded or filed in his office or in the office of any municipal officer or other municipal employee subordinate to him b to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter pertaining to the administration of this act or the municipal government of 34delhi 5 6 c to furnish a report by himself or to obtain from the head of any department subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this act or the municipal government of 34delhi 5 7. 2 every such requisition shall be complied with by the commissioner without any unreasonable delay and it shall be incumbent on every municipal officer and other municipal employee to obey any order made by the commissioner in pursuance of any such requisition: provided that the commissioner shall not be bound to comply with any such requisition if with the previous approval of the mayor he makes a statement that such compliance would be prejudicial to public interest or to the interests of 89the corporation. 10 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for delhi w.e.f. .. 4. subs. by act 10 of , s. 2, for the area of the corporationw.e.f. . 5. the words except in regard to the delhi electric supply undertaking omitted by s. 50, ibid. w.e.f. . 6. the words , or the delhi transport undertaking omitted by act 71 of , s. 7b and the second schedule w.e.f. . 7. the words or the delhi transport undertaking omitted by act 71 of , s. 7b and the second schedule w.e.f. . 8. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 9. subs. by act 10 of , s. 2, for a corporation w.e.f. . 10. omitted by act 67 of , s. 50 w.e.f.

section 68. of the delhi municipal corporation act : the standing committee, 1or the wards committee shall continue to function until a new committee is constituted in accordance with the provisions of this act notwithstanding that the members or some of the members of such committee have ceased to be councillors or aldermen. 1. subs. by act 67 of , s. 48, for certain words w.e.f. .

section 69. of the delhi municipal corporation act : 12the corporation may at any time call for any extract of any proceedings of the standing committee, 3the wards committee, the delhi rural areas committee, the education committee or of any other committee or subcommittee constituted or appointed under this act and for any return, statement, account or report concerning or connected with any matter with which any such committee or subcommittee is empowered by or under this act to deal and every such requisition shall be complied with by any such committee or subcommittee without any unreasonable delay. 1.subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 49, for certain words w.e.f .

section 71. of the delhi municipal corporation act : save as otherwise provided in this act, the exercise of any power or the performance of any duty conferred or imposed upon 12the corporation or any municipal authority by or under this act, which will involve expenditure, shall be subject to the following conditions, namely: a that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budgetgrant and b that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction i of the standing committee 3, if it is incurred in the year next following such year, or ii of 45the corporation , if it is incurred at any time after the next following year. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. certain words omitted by act 67 of , s s. 51 w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 76. of the delhi municipal corporation act : 1 the mayor or in his absence, the deputy mayor, shall preside at every meeting of 12the corporation. 32 in the absence of both the mayor and deputy mayor from the meeting, the members and the persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 shall elect one from among the councillors to preside. 3 the mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by s. 56, ibid., for subsection 2 w.e.f. .

section 72. of the delhi municipal corporation act : 1 12the corporation shall ordinarily hold at least one meeting in every month for the transaction of business. 2 the mayor or in his absence the deputy mayor may, whenever he thinks fit, and shall, upon a requisition in writing by not less than onefourth of the total number of councillors 3and other persons referred to in clause b of subsection 3 of section 3, convene a special meeting of the corporation. 3 any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 52, for and alderman w.e.f. .

section 73. of the delhi municipal corporation act : the first meeting of 12the corporation after a general election shall be held as early as possible after the publication of the results of the election 3 under section 14 and shall be convened by the administrator. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2 . subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the words of alderman omitted by act 67 of , s. 53 w.e.f. .

section 74. of the delhi municipal corporation act : a list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the address of each councillor 1and the persons referred to in clause b of subsection 3 of section 3 at least seventytwo hours before the time fixed for such meeting and no business shall be brought before, or transacted at, any meeting other than the business of which a notice has been so given: provided that any councillor 2or the persons referred to in clause b of subsection 3 of section 3 may send or deliver to of such meeting so as to reach him at least fortyeight hours before the date fixed for the meeting and the municipal secretary shall with all possible despatch take steps to circulate such resolution to every councillor 1and the persons referred to in clause b of subsection 3 of section 3 in such manner as he may think fit. 1. subs. by act 67 of , s. 54, for and alderman w.e.f. . 2. subs. by s. 54, ibid., for or alderman w.e.f. .

section 75. of the delhi municipal corporation act : 1 the quorum necessary for the transaction of business at a meeting of 12the corporation shall be onefifth of the total number of members 3and the persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3. 2 if at any time during a meeting of the corporation there is no quorum, it shall be the duty of the mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum. 3 where a meeting has been adjourned under subsection 2, the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is a quorum present or not. 1.subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. ins. by act 67 of , s. 55 w.e.f. .

section 78. of the delhi municipal corporation act : 1 save as otherwise provided in this act, all matters required to be decided by 12the corporation shall be decided by the majority of the votes of the 3members and persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 present and voting. 2 the voting shall be by show of hands, but 12the corporation may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by ballot. 3 at any meeting, unless voting be demanded by at least four 3members and persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3, a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this act, be inclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. 4 if voting as aforesaid is demanded, the votes of all the 3members and persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 present who desire to vote shall be taken under the direction of the presiding officer at the meeting and the result of the voting shall be deemed to be the resolution of 12the corporation at such meeting. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 58, for members w.e.f. .

section 77. of the delhi municipal corporation act : notwithstanding anything contained in section 76 a at a meeting for the election of a mayor the administrator shall nominate a councillor 1 who is not a candidate for such election to preside over the meeting b if during the election of mayor it appears that there is an equality of votes between any candidates at such election and that the addition of a vote would entitle any of those candidates to be elected as mayor, then, the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote. 1. the words or an alderman omitted by act 67 of , s. 57 w.e.f .

section 81., and right of councillors and aldermen to ask questions in relation to the municipal government of delhi. of the delhi municipal corporation act : 81. right to attend meetings of 12the corporation and its committees, etc., and right of councillors and aldermen to ask questions in relation to the municipal government of delhi.31 the commissioner or any municipal officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of, any meeting of 12the corporation or any of its committees, but none of the persons specified herein shall by virtue of this subsection be entitled to vote in any such meeting. 2 a councillor or 4person referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 may, subject to the provisions of subsection 3, ask the commissioner questions on any matter relating to the municipal government of delhi or the administration of this act or the functions of any of the municipal authorities. 3 the right to ask a question shall be governed by the following conditions, namely: a not less than seven clear days notice in writing specifying the question shall be given to the municipal secretary b no question shall i bring in any name or statement not strictly necessary to make the question intelligible, ii contain arguments, ironical expressions, imputations, epithets or defamatory statements, iii ask for an expression of opinion or the solution of a hypothetical proposition, iv ask as to the character or conduct of any person except in his official or public capacity, v relate to a matter which is not primarily the concern of 12the corporation or of any of the municipal authorities, vi make or imply a charge of a personal character, vii raise questions of policy too large to be dealt with within the limits of an answer to a question, viii repeat in substance questions already answered or to which an answer has been refused. ix ask for information on trivial matters, x ordinarily ask for information on matters of past history, xi ask for information set forth in accessible documents or in ordinary works of reference, xii raise matters under the control of bodies or persons not primarily responsible to the corporation, xiii ask for any information on matter which is under adjudication by a court of law. 4 the mayor shall disallow any question which is, in his opinion, in contravention of the provisions of subsection 3. 5 if any doubt arises whether any question is or is not in contravention of the provisions of subsection 3, the mayor shall decide the point and his decision shall be final. 6 the commissioner shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or if in the opinion of the mayor it cannot be answered without prejudice to public interest or the interest of the corporation. 7 unless otherwise directed by the mayor or the presiding officer of the meeting, every question shall be answered by the commissioner at a meeting of 12the corporation. 5 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. /.br 3. subs. by act 67 of , s. 61, for subsection 1 w.e.f. . 4. subs. by s. 61, ibid., for alderman w.e.f. . 5. omitted by act 67 of , s. 61 w.e.f.

section 80. of the delhi municipal corporation act : no councillor or 1persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 shall vote at a meeting of 23the corporation or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter other than a matter affecting generally the residents of delhi or of any particular ward, which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent. 1. subs. by s. 60, ibid., for alderman w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 79. of the delhi municipal corporation act : 1 the mayor or the person presiding over a meeting shall preserve order threat and shall have all powers necessary for the purpose of preserving such order. 2 the mayor or the person presiding over a meeting may direct any councillor 1or persons referred to in clause b of subsection 3 of section 3 whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor 1or persons referred to in clause b of subsection 3 of section 3 so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting. 3 if any councillor 1or persons referred to in clause b of subsection 3 of section 3 is ordered to withdraw a second time within fifteen days, the mayor or the person presiding may suspend such councillor 1or persons referred to in clause b of subsection 3 of section 3 from attending the meetings of the corporation for any period not exceeding fifteen days and the councillor 1or persons referred to in clause b of subsection 3 of section 3 so suspended shall absent himself accordingly: provided that the mayor may at any time decide that such suspension be terminated: provided further that such suspension shall not debar the suspended councillor 1or persons referred to in clause b of subsection 3 of section 3 from serving on any committee of the corporation of which he is a member. 4 subject to subsection 5 every meeting shall be open to the public, unless a majority of the 2members and persons referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 present at the meeting decide that any inquiry or deliberation pending before 34the corporation shall be held in private. 5 the corporation may make regulations for the purpose of admission of the member of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting. 6 in the case of grave disorder arising in a meeting the mayor or the person presiding may, if he thinks it necessary to do so, adjourn the meeting to a date specified by him. 1. subs. by act 67 of , s. 59, for or alderman w.e.f. . 2. subs. by s. 59, ibid., for members w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 89. of the delhi municipal corporation act : show related subordinates 1 12the corporation shall appoint suitable persons to be respectively 3, the municipal engineer, the municipal health officer, the education officer, the municipal chief accountant, the municipal secretary and the municipal chief auditor and may appoint one or more deputy commissioners and such other officer or officers of a status equivalent to or higher than the status of any of the officers specified earlier in this subsection as 45the corporation may deem fit on such monthly salaries and such allowances, if any, as may be fixed by 45the corporation. 2 the appointment of the municipal chief auditor shall be made with the previous approval of the 6 government and every other appointment referred to in subsection 1 except that of the municipal chief accountant and the municipal secretary shall be subject to confirmation by that government: provided that the municipal chief auditor shall not be eligible for any other office under 45the corporation after he has ceased to hold his office. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the words and brackets the chief engineer water supply omitted by 67 of , s. 66 w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. the word central omitted by 67 of , s. 66 w.e.f. .

section 82. of the delhi municipal corporation act : 12the corporation may make regulations for the transaction of business at its meeting: provided that the time, place and procedure for the first meeting after the constitution of 34the corporation under section 3 shall be determined by the administrator. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 88. of the delhi municipal corporation act : 1 no act done or proceeding taken under this act shall be questioned on the ground merely of a the seat of any councillor 1 remaining unfilled from any cause whatsoever b the existence of any vacancy in, or any defect in the constitution of, 23the corporation, or in any committee thereof c any 4councillor or any person referred to in subclauses ii, iii and iv of clause b of subsection 3 of section 3 or taken part in any proceedings in contravention of section 80 d any defect or irregularity not affecting the merits of the case. 2 every meeting 5 of 23the corporation or of any committee thereof, the minutes of the proceeding of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities. 1. the words or alderman omitted by act 67 of , s. 65 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporationw.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by act 67 of , s. 65, for councillor having voted w.e.f. . 5. the words of the councillors for the election of any alderman or omitted by s. 65, ibid. w.e.f. .

section 83. of the delhi municipal corporation act : 1 the chairman or in his absence the deputy chairman shall preside at every meeting of the standing committee, the 1wards committee or any other committee of the corporation. 2 in the absence of the chairman and the deputy chairman from any meeting the members of any such committee shall choose one 2from amongst the councillors to preside over the meeting. 1. subs. by act 67 of , s. 62, for certain words w.e.f. . 2. subs. by s. 62, ibid., for of their numbers w.e.f.

section 90. of the delhi municipal corporation act : 1 the 1commissioner shall from time to time prepare and lay before 2the standing committee two schedules of posts other than those specified in subsection 1 of section 89 setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of 34the corporation indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. 52 of the two schedules referred to in subsection 1, the first schedule shall deal with category a posts and second schedule with category b and category c posts. 3 6the standing committee shall lay the first schedule with its comments thereon before 34the corporation for its consideration and approval and shall sanction the second either without modifications or with such modifications as it thinks fit and thereafter may amend it either on its own motion after ascertaining the views of the 7commissioner or at his instance. 4 89the corporation shall after considering the comments of 2the standing committee sanction the first schedule either without modifications or with such modifications as it thinks fit and thereafter may amend it either on its own motion after ascertaining the views of the 1commissioner and 2the standing committee or at the instance of 10the commissioner or committee. 115 the 1commissioner may create for a period not exceeding six months any category c post: provided that no such post shall be continued beyond the said period without the previous approval of 2the standing committee. 6 6the standing committee may, on the recommendation of the 1commissioner create for a period not exceeding six months any category a or category b post: provided that no such post shall be continued beyond the said period without the previous approval of 34the corporationi. 12 138 in this section and in section 92 14i category a post means any post, which, having regard to its scale of pay or emoluments, would, if such post had been in the central government, be classified as a group a post under the central government in accordance with the orders issued by that government from time to time ii category b post means any post which, having regard to its scale of pay or emoluments, would, if such post had been in the central government, be classified as a group b post under the central government in accordance with the orders issued by that government from time to time iii category c post means any post, other than a category a or category b post. 1. subs. by act 67 of , s. 67, for appropriate authority w.e.f. . 2. subs. by s. 67, ibid., for the committee concerned w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. subs. by act 55 of , s. 8, for subsection 2 w.e.f. . 6. subs. by act 67 of , s. 67, for the committee w.e.f. . 7. subs. by s. 67, ibid., for appropriate authority or at the instance of such authority w.e.f. . 8 . subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 9. subs. by act 10 of , s. 2, for a corporation w.e.f. . 10. subs. by act 67 of , s. 67, for such authority w.e.f. . 11. subs. by act 55 of , s. 8, for subsections 5 and 6 w.e.f. . 12. omitted by act 67 of , s. 67 w.e.f. . 13. ins. by act 55 of , s. 8 w.e.f. . 14. subs. by act 8 of , s. 2, for clauses i and ii w.e.f. .

section 86. of the delhi municipal corporation act : 1 minutes of the proceedings of each meeting of 12the corporation shall be circulated to all the 3persons referred to in clause b of subsection 3 of section 3 and shall at all reasonable times be available at the municipal office for inspection by any other person on payment of a fee of eight annas. 2 full reports, if any, of such proceedings shall similarly be available for inspection by any 3persons referred to in clause b of subsection 3 of section 3 without charge and by any other person on payment of a fee of eight annas. 1.subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 64, for members of the corporation w.e.f. .

section 84. of the delhi municipal corporation act : 12the corporation may make regulations for the procedure and the conduct of business at meetings, of the standing committee and all other committees except adhoc committees which shall regulate their own procedure. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2.subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 85. of the delhi municipal corporation act : minutes, in which shall be recorded the names of the 1members and other persons referred to in clause b of subsection 3 of section 3 present at, and the proceedings of each meeting 2 of 3the corporation and of the standing committee and every other committee of 3the corporation, shall be drawn up and recorded in a book to be kept for that purpose, and shall be laid before the next ensuing meeting of 3the corporation or of such committee, as the case may be, and signed at such meeting by the presiding officer thereof. 1. subs. by act 67 of , s. 63, for members present w.e.f. . 2. the words of the councillors for the election of any alderman and of each omitted by s. 63, ibid. w.e.f. . 3.subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 87. of the delhi municipal corporation act : 1 the municipal secretary shall forward to the administrator a copy of the minutes of the proceedings of each meeting of 12the corporation, within ten days from the date on which the minutes of the proceedings of such meeting were signed under section 85. 2 the administrator may also in any case ask for a copy of any paper or all the papers which were laid before 12the corporation or any committee thereof and the municipal secretary shall forward to the administrator a copy of such paper or papers. 3 the municipal secretary shall also forward to the administrator as soon as may be after the date referred to in subsection 1, a full report of the proceedings of each meeting of 12the corporation, if any such report be prepared. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 90a. of the delhi municipal corporation act : 1290a. officers of erstwhile corporations to become officers of corporation.1 on the date of establishment of the corporation under subsection 1 of section 3, the officers and employees of the erstwhile north delhi municipal corporation, south delhi municipal corporation and east delhi municipal corporation shall, with immediate effect, become the officers and employees of the corporation. 2 for the purposes of subsection 1, the government may make such rules as may be required. 1. ins. by delhi act 12 of , s. 12 w.e.f. . 2. subs. by act 10 of , s. 7, for section 90a w.e.f. .

section 91. of the delhi municipal corporation act : no permanent officer or other employee shall be entertained in any department of the municipal administration unless he has been appointed under subsection 1 of section 89 or his office and emoluments are included in one of the schedules for the time being in force prepared and sanctioned under section 90.

section 96. of the delhi municipal corporation act : no appointment 1 2 3to any category a post within the meaning of clause i of subsection 8 of section 90 shall be made except after consultation with the commission: provided that no such consultation with the commission shall be necessary in regard to the selection for appointment a to any acting or temporary post for a period not exceeding one year or b to such ministerial posts as may from time to time be specified by 45the corporation in consultation with the commission when such posts are to be filled by promotion or c to a post when at the time of such appointment the person to be appointed thereto is in the service of the central government or a state government in a class i post or d to a permanent or temporary post, if the officer or other employee to be appointed is not likely to hold that post for more than one year or if such officer or other employee is likely to hold the post for more than one year but not more than three years and the commission advises that the appointment may be made without consulting the commission 6or 6e to such other posts, as may, from time to time, be specified by the central government in consultation with the commission. 1. the words and brackets to the post of the general manager electricity omitted by act 67 of , s. 71 w.e.f. . 2.the words and brackets or the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. . 3. subs. by act 55 of , s. 10, for certain words and brackets w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. . 6. ins. by act 55 of , s. 10 w.e.f. .

section 97. of the delhi municipal corporation act : 97. power of commission to make regulations and reference to the central government in case of difference between the commission and 12the corporation.1 the commission may make regulations for the following matters, namely: a the procedure to be followed by the commission in advertising posts, inviting applications, scrutinizing the same and selecting candidates for interview b the procedure to be followed by the commission for selecting candidates for appointment and by 12the corporation for consultation with the commission c any other matter which is incidental to, or necessary for, the purpose of consultation with the commission. 2 in the case of any difference of opinion between the commission and the corporation on any matter, 12the corporation shall refer the matter to the central government and the decision of that government thereon shall be final. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 92. of the delhi municipal corporation act : 1 1 subject to the provisions of section 89, the power of the appointing municipal officers and other municipal employees whether temporary or permanent shall vest in the commissioner: provided that the power of appointing officers and other employees immediately subordinate to the municipal secretary or the municipal chief auditor to category b posts of category c posts shall vest in the standing committee: provided further that the standing committee may delegate to the municipal secretary or the municipal chief auditor the power of appointing officers and other employees immediately subordinate to the said secretary or auditor, to category c posts. 2 the claims of the members of the scheduled castes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments of municipal officers and other municipal employees. 1. subs. by act 67 of , s. 68, for subsection 1 w.e.f. .

section 98. of the delhi municipal corporation act : show related subordinates 1 12the corporation may make regulations to provide for any one or more of the following matters, namely: a the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of officers and other employees appointed under this chapter b the powers, duties and functions of the municipal secretary c the qualifications of candidates for appointment to posts specified in subsection 1 of section 89 and to posts dealt with in the first schedule of post referred to in subsection 2 of section 90 and the manner of selection for appointments to posts dealt with in the second schedule of posts referred to in that subsection d the procedure to be followed in imposing any penalty under subsection 1 of section 95, suspension pending departmental inquiries before the imposition of such penalty and the authority by whom such suspension may be ordered the officer or authority to whom an appeal shall lie under subsection 4 of that section e any matter which is incidental to, or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under 34the corporation and any other matter for which in the opinion of 34the corporation provisions should be made by regulations. 2 no regulation under clause c of subsection 1 shall be made except after consultation with the commission. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 99. of the delhi municipal corporation act : the municipal fund 1 save as otherwise provided in this act, a all funds which immediately before the establishment of 12the corporation vested in any body or local authority specified in the second schedule b all moneys received by or on behalf of 12the corporation under the provisions of this act or of any other law for the time being in force, or under any contract c all proceeds of the disposal of property by, or on behalf of, 12the corporation d all rents accruing from any property of 12the corporation e all moneys raised by any tax, rate or cess levied for the purposes of this act f all fees collected and all fines levied under this act or under any rule, regulation or byelaw made thereunder g all moneys received by or on behalf of 12the corporation from the government or any individual or association of individuals by way of grant or gift or deposit 3 i all interests and profits arising from any investment of, or from any transaction in connection with, any money belonging to 12the corporation, including loans advanced under this act and j all moneys received by or on behalf of 12the corporation from any other source whatsoever, shall form one fund to be entitled the municipal fund of delhi hereinafter in this act referred to as the municipal fund. 42 the municipal fund shall be held by 12the corporation in trust for the purposes of this act subject to the provisions herein contained and a general account relating to all moneys received by or on behalf of 12the corporation shall be maintained. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. omitted by act 67 of , s. 72 w.e.f. . 4. subs. by s. 72, ibid., for subsection 2 w.e.f. .

section 93. of the delhi municipal corporation act : no municipal officer or other municipal employee shall undertake any work unconnected with his duties under this act except with the permission of 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 95. of the delhi municipal corporation act : 1 every municipal officer or other municipal employee shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for any breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulations: provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by any authority subordinate to that by which he was appointed: provided further that 12the corporation may by regulations provide that municipal employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein. 2 no such officer or other employee shall be punished under subsection 1 unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him: provided that this subsection shall not apply a where an officer or other employee is removed or dismissed on the ground of conduct which had led to his conviction on a criminal charge or b where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause. 3 if any question arises whether it is reasonably practicable to give to any officer or other employee an opportunity of showing cause under subsection 2, the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final. 4 an officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations. 3provided that in the case of an officer or other employee appointed by the commissioner an appeal shall lie to the administrator. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. ins. by act 67 of , s. 70 w.e.f. .

section 92a. of the delhi municipal corporation act : 192a. recruitment to category b and category c posts.the direct recruitment to category b and category c posts may be made by the government through such agencies as may be prescribed by it. 1. ins by s. 69, ibid. w.e.f. .

section 94., with the corporation. of the delhi municipal corporation act : 94. officers and other employees not to be interested in any contract, etc., with 23the corporatio.1 a person shall be disqualified for being appointed as a municipal officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, 23the corporation other than as such officer or employee. 2 if any such officer or other employee acquires, directly or indirectly, by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in subsection 1, he shall unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority: provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 100. of the delhi municipal corporation act : 1100. municipal fund to be kept in the state bank of india.all moneys payable to the credit of the municipal fund in the general account shall be received by the commissioner and shall be forthwith paid into the state bank of india to the credit of the said account which shall be entitled the general account of the municipal fund of the corporation. 1. subs. by delhi act 12 of , s. 14, for section 100 w.e.f. .

section 101. of the delhi municipal corporation act : 1 save as otherwise provided in this act no payment shall be made by the state bank of india out of the municipal fund except on a cheque signed by both a the chief accountant or an officer subordinate to him authorised by the standing committee in this behalf and 1 b the commissioner or a deputy commissioner or an officer subordinate to the commissioner authorised by the standing committee in this behalf. 2 payment of any sum due by 23the corporation in excess of one hundred rupees shall be made by means of a cheque signed in accordance with subsection 1 and not in any other way. 3 payments hot covered by subsection 2 may be made in cash. 1. subs. by s. 74, ibid., for clause b w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 102. of the delhi municipal corporation act : no payment of any sum out of the municipal fund shall be made unless the expenditure of the same is covered by a current budgetgrant and a sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this act: provided that this section shall not apply to payments made in the following classes of cases namely: a refund of taxes and other moneys which are authorised under this act b repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the municipal fund by mistake c sums payable in any of the following circumstances i under orders of the central government on failure of 12the corporation to take any action as required by that government or ii under any other enactment for the time being in force or iii under the decree or order of a civil or criminal court passed against 12the corporation or iv under a compromise of any claim, suit or other legal proceedings or v on account of cost incurred in taking immediate action by 12the corporation or any of the municipal authorities to avert a sudden threat of danger to the property of 12the corporation or to human life d temporary payments for works urgently required by the central government in the public interest e sums payable as compensation under this act or under any rules, regulations or byelaws made thereunder f expenses incurred by 12the corporation on special measures taken on the outbreak of dangerous diseases. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 107. of the delhi municipal corporation act : 1107. investment of surplus moneys.1 surplus money standing at the credit of general account of the municipal fund which cannot immediately be applied for the purposes specified in section 105 shall be deposited in the state bank of india or in such scheduled bank or banks as 23the corporation may select or be invested in public securities. 2 the loss, if any, arising from such deposit of investment shall be debited to the general accounts of the municipal fund. 1. subs. by act 67 of , s. 77, for section 107 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 103. of the delhi municipal corporation act : before any person signs a cheque in accordance with section 101, he shall satisfy himself that the sum for which the cheque is drawn is either a required for a purpose or work specifically sanctioned by the proper authority and covered by a current budgetgrant, or b required for any payment referred to, or specified in section 102.

section 107a. of the delhi municipal corporation act : 1107a. constitution of finance commission. 1 the administrator shall, as soon as may be, within one year from the commencement of the constitution seventythird amendment act, and thereafter at the expiration of every fifth year constitute a finance commission to review the financial position of 23the corporation and to make recommendations to the administrator as to, a the principles which should govern, i the distribution between the national capital territory of delhi and 23the corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the national capital territory of delhi which may be divided between them. ii the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by 23the corporation iii the grantsinaid to 23the corporation from the consolidated fund of the national capital territory of delhi b the measures needed to improve the financial position of 23the corporation c any other matter referred to the finance commission by the administrator in the interest of sound finance of 23the corporation. 2 the legislature of the national capital territory of delhi, may by law provide for the composition of the commission, the qualifications which shall be required for appointment of members thereof, and the manner in which they shall be selected. 3 the commission shall determine their procedure and shall have such powers in the performance of their functions as the legislature of the national capital territory of delhi, may, by law, confer on them. 4 the administrator shall cause every recommendation made by the commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the legislative assembly of the national capital territory of delhi. 1. subs. by act 67 of , s. 77, for section 107 w.e.f. . 2.subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3.subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 104. of the delhi municipal corporation act : whenever any sum is expended under 1 clause c, e or f of the proviso to section 102 the commissioner, 2 shall forthwith communicate the circumstances to the standing committee 3 which may take, or recommend to the corporation to take, such action under the provisions of this act as shall, in the circumstances appear possible and expedient for covering the amount of the additional expenditure. 1. subs. by act 71 of , s. 7b and the second schedule, for clauses c, e or f w.e.f. . 2. subs. by act 67 of , s. 75, for certain words and brackets w.e.f. . 3. the words or the delhi transport committee omitted by act 71 of , s. 7b and the second schedule w.e.f. .

section 105. of the delhi municipal corporation act : 1 the moneys from time to time credited to the municipal fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this act, and of the rules, regulations and byelaws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this act. 2 such moneys shall likewise be applied in payment of all sums payable out of the municipal fund under any other enactment for the time being in force.

section 106. of the delhi municipal corporation act : 1 on the written requisition of a secretary to the central government, 1 the commissioner, may at any time undertake the execution of any work certified by such secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the municipal fund so far as the same can be met without unduly interfering with the regular work of the municipal government. 2 the cost of work so executed and of the establishment engaged in executing the same shall be paid by the central government and credited to the municipal fund. 3 on the receipt of any requisition under subsection 1 the commissioner 2 3 shall forthwith forward a copy thereof to 45the corporation together with a report of the steps taken by him in pursuance of the same. 1. subs. by act 67 of , s. 76, for certain words and brackets w.e.f. . 2. the words and brackets or as the case may be, the general manager electricity omitted by s. 76, ibid. w.e.f. . 3. the words or the general manager omitted by act 71 of , s. 7b and the second schedule w.e.f. . 4subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 108. of the delhi municipal corporation act : 1 12the corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this act as may be so prescribed. 2 the constitution and disposal of such funds shall be effected in the manner laid down by regulations. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for every corporation w.e.f. .

section 109. of the delhi municipal corporation act : 1 1 23the corporation shall, on or before the 31st day of march of every year, adopt for the ensuing year the budget estimate which shall be an estimate of the income and expenditure of 45the corporation to be received and incurred on account of the municipal government of 67delhi. 2 on or before the 15th day of february of each year 45the corporation shall determine the rates at which various municipal taxes, rates and cesses shall be levied in the next following year and save as otherwise provided in this act the rates so fixed shall not be subsequently altered for the year for which they have been fixed. 3 budget estimates shall be prepared in such form as may be approved by the standing committee and presented and adopted in such manner and shall provide for all such matters as are prescribed by regulations made in this behalf. 1. subs. by act 67 of , s. 78, for subsection 1 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3subs. by act 10 of , s. 2, for every corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporationw.e.f. . 6.subs. by delhi act 12 of , s. 2, for the area of the corporation w.e.f. . 7. subs. by act 10 of , s. 2, for delhi w.e.f. .

section 114a. of the delhi municipal corporation act : a. building tax.for any building, the building tax shall be equal to the rate of building tax as may be prescribed by 23a corporation under section 114d multiplied by the annual value of the covered space of building determined under subsection 1 of section 116e or section 116f. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. .

section 110. of the delhi municipal corporation act : 1 1 on the recommendation of the standing committee in respect of the budget estimate, 23the corporation may from time to time, during the year, i increase the amount of budget grant under any head ii make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year or iii reduce the amount of the budget grant under any head: provided that due regard shall be had to all the requirements of this act and in making any increase or any additional budget grant the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as 23the corporation may determine in respect of the budget estimate. 2 every increase in a budgetgrant and every additional budgetgrant made in any year under subsection 1 shall be deemed to be included in the budget estimates finally adopted for that year. 3 the standing committee may from time to time during the year a reduce the amount of a budgetgrant or b sanction the transfer of any amount within a budgetgrant: provided that every reduction if it exceeds five hundred rupees shall be reported forthwith by standing committee to 23the corporation and the standing committee and the commissioner shall give effect to any order that may be passed by 23the corporation in relation thereto. 4 the commissioner may from time to time during the year, sanction the transfer of any amount not exceeding five thousand rupees within a minor head if such transfer does not involve a recurring liability: provided that every such transfer, if it exceeds five hundred rupees, shall be reported forthwith by the commissioner to the standing committee and the commissioner shall give effect to any order that may be passed by that committee in relation thereto, 4 1. subs. by act 67 of , s. 79, for subsection 1 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. omitted by act 67 of , s. 79 w.e.f. .

section 111. of the delhi municipal corporation act : 1 if at any time during the year it appears to 12the corporationo that, notwithstanding any reduction of budgetgrant that has been made under section 110 the income of the municipal fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to subsection 1 of section 110, then, it shall be incumbent on 12the corporation to sanction forthwith any measures which it may consider necessary for adjusting the years income to the expenditure. 2 for the purposes of subsection 1, 12the corporation may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this act, or have recourse to supplementary taxation under section 151 or to an increase of the rates of cesses, fees, fares and other charges leviable under this act, or to adopt all or any of those methods. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 112. of the delhi municipal corporation act : if the whole or arty part of any budgetgrant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the standing committee 1 may sanction the expenditure of such budgetgrant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budgetgrant was originally made and not for any other purpose or object. 1. certain words omitted by act 67 of , s. 80 w.e.f. .

section 114. of the delhi municipal corporation act : 1114. components of property tax.save as otherwise provided in this act, the property taxes shall be levied on lands and buildings in delhi and shall consist of the following, namely: a a building tax, and b a vacant land tax. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. .

section 114b. of the delhi municipal corporation act : 1114b. rebate for senior citizens, women and physically challenged persons.in the case of any selfoccupied residential building singly owned by a man who is sixtyfive years or more in age or by a woman irrespective of her age or a physically challenged person as may be defined in the byelaws, irrespective of age, or jointly owned by any of these categories, 23the corporation may specify a rebate on the building tax not exceeding thirty per cent of the tax due on the covered space of such building up to one hundred square metres of the covered space: provided that such rebate shall not be available for more than one residential building within the jurisdiction of the national capital territory of delhi. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 113. of the delhi municipal corporation act : 1 12the corporation shall, for the purposes of this act, levy the following taxes, namely: a property taxes b a tax on vehicles and animals c a theatretax d a tax on advertisements other than advertisements published in the newspapers e a duty on the transfer of property and f a tax on buildings payable along with the application for sanction of the building plan. 2 in addition to the taxes specified in subsection 1, 34the corporation may, for the purposes of this act, levy any of the following taxes, namely: a an education cess b a local rate on land revenues c a tax on professions, trades, callings and employments d a tax on the consumption, 5 sale or supply of electricity e a betterment tax on the increase in urban land values caused by the execution of any development or improvement work f a tax on boats and g tolls. 3 the taxes specified in subsection 1 subsection 2 shall be levied, assessed and collected in accordance with the provisions of this act and the byelaws made thereunder. 6explanation.in this chapter, person shall, unless the context otherwise requires, include a company, a society registered under any law for the time being in force, an association of individuals, a partnership, and a hindu undivided family. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. subs. by act 42 of , s. 7, for or sale w.e.f. . 6. ins. by delhi act 6 of , s. 4 w.e.f. .

section 114e. of the delhi municipal corporation act : e. rate of vacant land tax.save as otherwise provided in this act, the rate of tax on vacant lands in delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the annual value of such lands as may be specified by 23the corporation from time to time. provided that 23the corporation may, at any time, specify fixed rates between the minimum and the maximum rates of tax as aforesaid for different colonies or for different groups of vacant lands in such colonies. provided further that 23the corporation may also introduce graduated rates of tax within the minimum and the maximum rates of tax as aforesaid on the basis of straight line system or any other system as may be specified by 23the corporation. explanation.straight line system shall have the same meaning as in the explanation to the second proviso to section 114d. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 114c. of the delhi municipal corporation act : 1114c. vacant land tax.the vacant land tax in respect of any premises shall be equal to the rate of vacant land tax as may be specified by 23the corporation under section 114e multiplied by the annual value of the vacant land determined under subsection 3 of section 116e provided that where there is any construction on the land and the area of plinth of such building is in excess of such percentage of the area of the plot, as may be prescribed in the byelaws, no vacant land tax shall be levied. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 114d. of the delhi municipal corporation act : 1114d. rate of building tax.save as otherwise provided in this act, the base rate of property tax on buildings in delhi shall be between a minimum of six per cent, and a maximum of twenty per cent, of the annual values of such buildings as may be specified by 23the corporation from time to time: provided that 23the corporation may, at any time, prescribe fixed rates between the minimum and the maximum rates of tax as aforesaid for different colonies or for different groups of buildings in such colonies: provided further that 23the corporation may also introduce graduated rates of tax within the minimum and the maximum rates of tax as aforesaid on the basis of straight line system or any other system as may be specified by 23the corporation. explanation.straight line system shall mean the system in which the rate of tax is equivalent to the annual value of a property x divided by the minimum annual value x1 and y being added to the quotient so arrived, y being the difference between the maximum rate of tax and the quotient of maximum x2 and minimum x1 annual values. 1. subs. by delhi act 6 of , s. 5, for section 114 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 115. of the delhi municipal corporation act : 1115. exemption of vacant lands and buildings from property tax.1 save as otherwise provided in this act, property tax shall be levied on all vacant lands and buildings in delhi except i vacant lands and buildings other than dwelling houses exclusively used for agricultural purposes in accordance with the guidelines prescribed in the byelaws ii any vacant land or building included in any village a badi, which is occupied for residential purpose by any original owner or his legal heir, subject to a maximum of one hundred square metres of covered space iii vacant lands or buildings or portions thereof, exclusively used for the purpose of public worship iv vacant land or buildings or portions thereof, exclusively occupied and used, with the approval of 23the corporation, for the purpose of public charity as may be specified in the byelaws or for the purpose of medical relief to, or education of, the poor, free of charge v vacant lands or buildings exclusively used for the purpose of public burial or as cremation ground, or any other place used for the disposal of the dead, duly registered under this act vi such heritage lands or buildings as are specifically notified for exemption by 23the corporation as also such premises as are so specified by the archeological survey of india vii vacant lands and buildings owned exclusively by war widows, gallantry award winners in defence forces, police and paramilitary forces as also civilians who have received bravery awards of the highest order from the government including annual bravery awards given by the president: provided that the exemption shall be subject to the condition that a the premises in question is in selfoccupation for residential use and no portion thereof is let out for any purpose, whatsoever b in case the person concerned has more than one property in delhi, the exemption shall be applicable to only one property which is permanently used for selfresidence c the benefit of exemption shall be limited to the life time of the person concerned, except where the award has been granted posthumously, in which case the exemption will be granted to the widow of the gallantry award winner viii vacant lands and buildings owned by, or vested in, 23the corporation but not leased out or rented out, and in respect of which the property tax, if levied, would, under the provisions of this act, be leviable primarily on 23the corporation. explanation for the purpose of clause iii, no portion of any vacant land or building where any trade or business is carried on, or which is used for residential purpose, or in respect of which any rent or income is derived, shall be deemed not to be exclusively used for public worship and such portion of such vacant land or building shall be assessed as a separate unit of assessment. 2 the commissioner shall cause to be maintained a register showing separately the vacant lands and buildings exempted from the property tax under subsection 1 in such form as may be specified by 23thecorporation, and such register shall be open to the public for inspection. 3 23the corporation may levy on such vacant lands and covered space of buildings as are exempt from the property tax, service charge on such scale, as may be provided under this act or as prescribed by 23the corporation: provided that the service charge so levied shall not be less than seventy five per cent of the amount that would have been payable as property tax for the covered space of the building or the vacant land as referred to in section 114d or section 114e. 1. subs. by delhi act 6 of , s. 7, for section 115 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. certain words omitted by s. 82, ibid. w.e.f. .

section 115a. of the delhi municipal corporation act : 1115a. unit of assessment.1 every building and every vacant land shall be assessed as a single unit: provided that where portions of any building or vacant land are separately owned so as to be entirely independent and capable of separate enjoyment, notwithstanding the fact that access to such separate portions is made through a common passage or a common stair case, as the case may be, such separately owned portions may be assessed separately. 2 all buildings, to the extent they are contiguous or are within the same cartilage or are on the same foundation and are owned by the same owner or coowners as an undivided property, shall be treated as one unit for the purpose of assessment under this act: provided that if any such building is subdivided into separate shares which are not entirely independent and capable of separate enjoyment, the commissioner may, on application from the owners or the coowners, apportion the valuation and assessment of such building among the coowners according to the value of their respective shares, treating the entire building as a single unit. 3 each residential unit with its percentage of the undivided interest in the common areas and facilities, constructed or purchased and owned by, or under the control of, any housing cooperative society registered under any law regulating cooperative housing for the time being in force, shall be assessed separately. 4 each apartment and its percentage of the undivided interest in the common areas and facilities in a building within the meaning of any law regulating apartment ownership for the time being in force, shall be assessed separately. 5 if the ownership of any vacant land or building or any portion thereof is subdivided into separate shares, or if more than one adjoining vacant land or building or portion thereof comes under one ownership by amalgamation, the commissioner may, on an application from the owner or the coowners, as the case may be, separate, or amalgamate, as the case may be, such vacant land or building or portion thereof so as to ensure conformity with the provisions of this section. 6 notwithstanding any assessment made in respect of any vacant lands or buildings before the commencement of the delhi municipal corporation amendment act, , the commissioner may, on his own or otherwise, amalgamate, or separate, or continue to assess, such vacant lands or buildings or portions thereof so as to ensure conformity with the provisions of this section. 7 the commissioner shall, upon an application made in this behalf by an owner, lessee, sublessee, or occupier of any vacant land or building and upon payment of such fee as may be prescribed in the byelaws, furnish to such owner, lessee, sublessee, or occupier, as the case may be, information regarding the apportionment of the property tax on such vacant land or building among the several occupiers of such vacant land or building for the current period of assessment or for any preceding period of assessment: provided that nothing in this subsection shall prevent 23the corporation from recovering the arrear dues on account of property tax from any such person, jointly or severally. 1.subs. by delhi act 6 of , s. 7, for section 115 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116e. of the delhi municipal corporation act : 1116e. determination of annual value of covered space of building and of vacant land.1 the annual value of any covered space of building in any ward shall be the amount arrived at by multiplying the total area bf such covered space of building by the final base unit area value of such covered space and the relevant factors as referred to in clause b of subsection 2 of section 116 a. explanation. covered space, in relation to a building, shall mean the total floor area in all the floor thereof, including the thickness of walls, and shall include the spaces of covered verandah and courtyard, gangway, garage, common service area, staircase, and balcony including any area projected beyond the plot boundary and such other space as may be prescribed. 2 23the corporation may require the total area of the covered space of building as aforesaid to be certified by an architect registered under the architects act, 20 of , or any licensed architect,116a. classification of vacant lands and buildings into colonies and groups and specification of base unit area values therefor subject to such conditions as may be prescribed. 3 the annual value of any vacant land in any ward shall be the amount arrived at by multiplying the total area of such vacant land by the final base unit area value of such land and the relevant factors as referred to in clause b of subsection 2 of section 116a. 4 if, in the case of any vacant land or covered space of building, any portion thereof is subject to different final base unit area values or is not selfoccupied, the annual value of each such portion shall be computed separately, and the sum of such annual values shall be the annual value for such vacant land or covered space of building, as the case may be. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116. of the delhi municipal corporation act : 1116. constitution of municipal valuation committee.1 the government shall as soon as may be after the commencement of the delhi municipal corporation amendment act, , and thereafter at the expiration of every third year, constitute by notification in the official gazette, a municipal valuation committee. 2 the municipal valuation committee shall consist of a a chairperson, and b such other members, being not less than two and not more than six, as the government may determine. 3 the chairperson and the other members of the municipal valuation committee shall be appointed by the government and the qualifications and experience requisite for their appointment, the manner of selection, and other terms and conditions of service including salaries and allowances, tenure of office shall be such as the government may by rules determine. 4 the salaries and allowances of the chairperson and the other members of the municipal valuation committee shall be paid from the municipal fund. 5 the functions of the municipal valuation committee shall be a to make recommendations to 23the corporation on matters relating to classification of vacant lands and buildings in any ward of delhi into colonies and groups of lands and buildings and fixation of base value per unit area of vacant land or per unit area of covered space of building and factors for increase or decrease, or for no increase or decrease, thereof b to consider objections under section 116c, and to make recommendation thereon and c to perform such other functions as the government may require. 1. subs. by delhi act 6 of , s. 8, for section 116 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116f. of the delhi municipal corporation act : f. determination of annual value of building where land is exempted from property tax. where any vacant land is exempted from property tax under any law for the time being in force, the annual value of any building erected on such land, which is in existence for more than one year and is not entitled to any exemption from such tax under this act or any other law for the time being in force, shall be determined in accordance with the provisions of this chapter. 1. ins. by delhi act 6 of , s. 8 w.e.f. .

section 116b. of the delhi municipal corporation act : 1116b. notification of classification of vacant lands and buildings into colonies and groups and specification of base unit area values therefore and factors for increase or decrease.1 23the corporation shall, having regard to the recommendations of the municipal valuation committee, declare its intention to classify vacant lands and buildings in each ward into such colonies and groups of lands and buildings as 45the corporation may, by public notice, specify, and shall also specify in such public notice the base value it proposes to specify per unit area of vacant land and per unit area of covered space of building within each such group and also the factors for increasing or decreasing, or for not increasing or decreasing, the base unit area values of vacant lands and buildings referred to in clause b of subsection 2 of section 116a. 2 23the corporation shall, on receipt of any representation from any group in any colony affected by such classification of lands or buildings into any group or specification of the base unit area values of vacant lands or covered space of buildings within such groups, and the factors for increasing or decreasing, or for not increasing or decreasing, such unit area values of vacant lands or covered space of buildings, refer such representation to the municipal valuation committee for reconsideration, and the decision of the municipal valuation committee thereon shall, subject to the provisions of section 116k, be binding on 45the corporation. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116h. of the delhi municipal corporation act : 1116h. onetime taxic.notwithstanding anything contained in this act, in those cases where the owner has already paid onetime tax under some scheme in the past, the extent of the rate able value on the basis of which the onetime tax was paid shall be set off against the annual value calculated under the provisions of the delhi municipal corporation amendment act, and the tax liability shall be worked out on the basis of net annual value. 1. ins. by delhi act 6 of , s. 8 w.e.f. .

section 116a. of the delhi municipal corporation act : 1116a. classification of vacant lands and buildings into colonies and groups and specification of base unit area values therefore.1 the municipal valuation committee shall recommend the classification of the vacant lands and buildings in any ward of delhi, referred to in section 5, into colonies and groups of lands and buildings after taking into account the following parameters: a settlement pattern such as plotted housing, group housing, colony with flats only, urban village, unauthorized colony, resettlement colony, rural village and nonresidential areas b availability of civic and social infrastructure c access to roads d access to district centres, local shopping centres, convenience shopping centres, and other markets e land prices as may, from time to time, be notified by 2the 3government or the delhi development authority f usewise category of any building including residential building, business building, mercantile building, building for recreation and sports purposes, industrial building, hazardous building and public purpose building including educational, medical and such other institutional building and farmhouse, as may be specified by 45the corporation g in the case of buildings used for business, mercantile, recreation and sports, industrial, hazardous, storage or farmhouse purposes, the location of such buildings adjacent to such categories of streets, as may, subject to the provisions of subsection 2, be specified by 45the corporation h the types of buildings which may be classified as pucca, semipucca or katcha, as may be specified by 1 45the corporation i the agewise grouping of buildings as may be specified by 45the corporation and j such other parameters as may be considered relevant by the municipal valuation committee. 2 the municipal valuation committee shall recommend, group wise, a the base unit area value of any owneroccupied vacant land, or any wholly owneroccupied building of pucca structure, constructed in the year or thereafter, and put to exclusive residential use, and b the factor for increasing or decreasing, or for not increasing or decreasing, the base unit area values specified in clause a, separately in respect of each of the parameters of type of colony, use, age, type of structure and occupancy status of the vacant land or building, as the case may be, subject to a lower limit of zero point five and upper limit of ten point zero. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the government w.e.f. . 3. subs. by act 10 of , s. 2, for government w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116c.objection to classification of vacant lands and buildings into colonies and groups and fixation of base unit area values and factors for increasing or decreasing such base unit area values of the delhi municipal corporation act : 1116c. objection to classification of vacant lands and buildings into colonies and groups and fixation of base unit area values and factors for increasing or decreasing such base unit area values.1 if any owner or occupier of any vacant land or building in any ward in respect of which a public notice has been issued under section 116b, has any objection to the manner of classification of any group or groups, or the base value per unit area of vacant land or the base value per unit area of covered space of building in any group, or the factors as specified in clause b of subsection 2 of section 116a, he may submit to such officer of 23the corporation as may be authorized by 23the corporation in this behalf his objection in such form, and containing such particulars, as may be prescribed, within thirty days from the date of publication of such public notice, and such objection shall be considered by the municipal valuation committee, after giving the person submitting the objection an opportunity of being heard. 2 the procedure for hearing and disposal of objections shall be such as may be prescribed. 3 on the expiry of thirty days from the date of publication of the public notice under section 116b and after considering the recommendation of the municipal valuation committee on the objections, if any, in accordance with the provisions of this section 23the corporation shall, by public notice, specify group wise the base unit area value of vacant land and the base unit area value of covered space of building and the factors referred to in clause b of subsection 2 of section 116a: provided that 23the corporation shall not alter the unit area values recommended by the municipal valuation committee without the approval of the government. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116j. indexation of unit area value of the delhi municipal corporation act : 1116j. indexation of unit area value.if, for any reason, the base unit area value of any vacant land, or the base unit area value of any covered space of building, in any group in any ward has not been revised on the completion of a period of three years from the date on which such base unit area values were last determined, it shall be lawful to increase or decrease the base unit area values according to the changes in the consumer price index of urban nonmanual workers or such other suitable index as the government may determine till such revision is made by the municipal valuation committee, and to realize the amount of property tax for such covered space of building or vacant land on the basis of the revised base unit area values. 1. ins. by delhi act 6 of , s. 8 w.e.f. .

section 116d. of the delhi municipal corporation act : 1116d. final base unit area values of vacant land and of covered space of building.1 subject to the provisions of section 169, the base unit area value of vacant land and the base unit area value of covered space of building in any group, as may be specified under subsection 3 of section 116c, shall be final. 2 23the corporation shall publish the final base unit area value of vacant land and the final base unit area value of covered space of building as aforesaid and the factors used for increasing or decreasing, or for not increasing or decreasing, the final base unit area values as aforesaid and shall make them available for inspection by any person free of charge. copies thereof shall also be made available to any person on payment of cost. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116g. of the delhi municipal corporation act : g.transitory provisions.1 notwithstanding anything contained in this act, as amended by the delhi municipal corporation amendment act, , a tax on vacant land or covered space of building or both, levied under this act immediately before the date of coming into force of the delhi municipal corporation amendment act, , shall, on the coming into force of the delhi municipal corporation amendment act, , be deemed to be the tax on such vacant land or covered space of building or both, levied under this act as amended by the delhi municipal corporation amendment act, , and shall continue to be in force until such tax is revised in accordance with the provisions of this act, as amended by the delhi municipal corporation amendment act, . 2 notwithstanding anything contained in subsection 1, where assessment has not been finalized in respect of a vacant land or covered space of a building or both, on the date of the commencement of the delhi municipal corporation amendment act, , the assessee may have such land or building or both, as the case may be, assessed on the basis of the annual value. 1. ins. by delhi act 6 of , s. 8 w.e.f. .

section 116i. of the delhi municipal corporation act : 1116i. validity of base unit area values of vacant land and covered space of building.the base unit area value of vacant land and the base unit area value of covered space of building in respect of a specified group in a ward shall remain in force for a period of three years: provided that till the revision of such base unit area values is completed, the existing base unit area values shall continue to be in force. 1. ins. by delhi act 6 of , s. 8 w.e.f. .

section 120. of the delhi municipal corporation act : 1120. incidence of property taxes.1 a the property tax on any land or building shall be primarily leviable upon the owner thereof. b the liability of the several owners of any land or building constituting a single unit of assessment, which is, or purports to be, severally owned in parts including flats or rooms, for payment of property tax or any instalment thereof, payable during the period of such ownership, shall be joint and several: provided that the commissioner may apportion the amount of property tax on such land or building among several coowners: provided further that in any case where the commissioner is, for reasons to be recorded in writing, satisfied that the owner is not traceable, the occupier of such land or building for the time being shall be liable for payment of the property tax and shall also be entitled to the rebate, if admissible. c in the case of any land or building which is not selfoccupied and where the owner is constrained by any law, order of the government, or order of a court from recovering the tax due, such tax shall be recovered from the occupier or occupiers, as the case may be: provided that the owner shall continue to pay such amount of tax as he was liable to pay before the coming into force of the delhi municipal corporation amendment act, and only the balance amount, if any, shall be recovered from the occupier. d the property tax on any land or building, which is the property of 23 the corporationic956 and the possession of which has been delivered under any agreement or licensing arrangement, shall be leviable upon the transferee or the licensee, as the case may be. e the property tax in respect of any land or building, being the property of the union, the possession of which has been delivered in pursuance of section 20 of the displaced persons compensation and rehabilitation act, 44 of , shall be leviable upon the transferee. 2 if any land has been let to a tenant for a term exceeding one year and such tenant has built upon such land, the property tax assessed in respect of such land and the building erected thereon shall be payable by such tenant, whether the land and the building are in the occupation of such tenant or a subtenant of such tenant. explanation.for the purposes of this section, tenant shall include any person deriving title to the land or the building erected upon such land, from the tenant, whether by operation of law or by transfer inter vivos. 1. subs. by delhi act 6 of , s. 10, for section 120 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 116k.hardship and anomaly committee of the delhi municipal corporation act : 1116k. hardship and anomaly committee.1 23the corporation shall, on the coming into force of the delhi municipal corporation amendment act, , appoint, for such period, not exceeding one year, as 45the corporation may think fit, a hardship and anomaly committee with a view to considering the cases of hardships or anomalies, if any, in respect of property tax imposed under the provisions of this act as amended by the delhi municipal corporation amendment act, . 2 the hardship and anomaly committee shall consist of a professional from areas of finance, taxation, law or municipal management, as the chairperson and four other members of whom one shall be a councillor to be nominated by 45the corporation, one shall be the chairperson of the municipal valuation committee and one member shall be nominated from among the members of the municipal valuation committee and one shall be the additional commissioner revenue of 45the corporation. 3 the hardship and anomaly committee shall make recommendations to 45the corporation on the petitions received from any group of affected persons regarding any hardship or anomaly arising out of the property tax imposed, and the decision of 45the corporation on such recommendation shall be final. 4 the procedure for the functioning of the hardship and anomaly committee shall be such as may be specified by 45the corporation. 1. ins. by delhi act 6 of , s. 8 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 122. of the delhi municipal corporation act : 1 on the failure to recover any sum due on account of property taxes in respect of any land or building from the person primarily liable therefor under section 120, the commissioner shall recover from every occupier of such land or building by attachment, in accordance with section 162 of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building. 2 an occupier from whom any sum is recovered under subsection 1 shall be entitled to be reimbursed by the person primarily liable for the payment, and may in addition to having recourse to other remedies that may be open to him, deduct the amount so recovered from the amount of any rent from time to time becoming due from him to such person.

section 117.. of the delhi municipal corporation act : 117. charge by measurement in lieu of water tax in certain cases. omitted by the delhi municipal corporation amendment act, act 67 of , s. 84 w.e.f. .

section 118.. of the delhi municipal corporation act : special rates of scavenging tax in certain cases. omitted by s. 84, ibid. w.e.f. .

section 119. of the delhi municipal corporation act : 1 1 notwithstanding anything contained in the foregoing provisions of this chapter, lands and buildings being properties of the union shall be exempt from the property taxes specified in section 114: provided that nothing 2 in this subsection shall prevent 34the corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th january, , they were liable or treated as liable, so long as that tax continues to be levied by 34the corporation on other lands and buildings. 5explanation.for the purposes of this section, property owned by a government company or a statutory corporation, which has a corporate personality of its own, shall not be deemed to be the property of the union. 6 1. section 119 renumbered as subsection 1 thereof by act 42 of , s. 8 w.e.f. . 2. subs. by s. 8, ibid., for in this section w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. ins. by delhi act 6 of , s. 9 w.e.f. . 6. subsection 2 omitted by s. 9, ibid. w.e.f. .

section 121. of the delhi municipal corporation act : 121. apportionment of liability for property taxes when the premises assessed are let or sublet. omitted by the delhi municipal corporation act, 6 of , s. 12 w.e.f..

section 123. of the delhi municipal corporation act : property taxes due under this act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the government thereon, be a first charge a in the case of any land or building held immediately from the government, upon the interest in such land or building of the person liable for such taxes and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such person and b in the case of any other land or building, upon such land or building and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to the person liable for such taxes. 1 explanationthe term property taxes in this section shall be deemed to include the costs on recovery of property taxes and the penalty, if any, payable as specified in the byelaws. 1. subs. by act 67 of , s. 85, for the explanation w.e.f.

section 126.. of the delhi municipal corporation act : 126. amendment of assessment list. omitted by the delhi municipal corporation amendment act, 6 of , s.16 w.e.f. .

section 123a. of the delhi municipal corporation act : 2123a. submission of returns.1 the commissioner shall, with a view to determining the annual values of vacant land and covered space of building in any ward and the person primarily liable for the payment of property tax, by public notice, or by notice, in writing, require the owner and the occupier of such vacant land or covered space of building or any portion thereof, including such owner or the person computing the tax due under the provisions of section 123b, to furnish a return in such form as may be prescribed by byelaws and within such time, not being less than thirty days from the date of publication of such notice, as may be specified therein, containing the following particulars, namely: a the name of the owner and the occupier b the number of the ward, the name of the colony, and the number and the subnumber of the premises of such vacant land or covered space of building, as the case may be c whether the building is pucca, semipucca or katcha d year of completion of construction of the building, or year or years of part construction thereof, as the case may be e the use with reference to the provisions of clause f of subsection 1 of section 116a to which such vacant land or covered space of building is put or intended to be put f the area of the vacant land and the covered space of the building with breakup of the area under various uses g whether wholly owneroccupied or wholly tenanted, or partly owneroccupied and partly tenanted, and the areas thereof and h such other particulars as may be prescribed by byelaws. 2 a every owner and every occupier as aforesaid shall be bound to comply with such notice and to furnish a return with a declaration that the statement made therein is correct to the best of knowledge and belief of such owner and occupier. b whoever omits to comply with such requisition, shall in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the commissioner in respect of such land or building. 3 the commissioner or any person subordinate to him and duly authorized by him in this behalf, in writing, or any licensed architect, may, with or without giving any previous notice to the owner or the occupier of any land or building, enter upon, and make any inspection or survey, and take measurement of such land or building with a view to verifying the statement made in the return for such land or building or for collecting the particulars referred to in subsection 1 in respect of such land or building: provided that no such entry shall be made except between the hours of sunrise and sunset. 1. ins. by delhi act 6 of , s. 13 w.e.f. .

section 123b. of the delhi municipal corporation act : 1123b. self assessment and submission of return.1 after the coming into force of the delhi municipal corporation amendment act, , any owner of any vacant land or covered space of building or any other person liable to pay the property tax or any occupier in the absence of such owner or person, shall file a return of self assessment within sixty days of the coming into force of the aforesaid act. 2 such owner or other person or occupier, as the case may be, shall, thereafter, file the annual return only in those cases where there is a change in the position as compared to the previous return, within three months after the end of the financial year in which the change in position has occurred. 3 any owner of any covered space of building or vacant land or any other person liable to pay the property tax, or any occupier in the absence of such owner or person shall compute the tax due under section 114a or section 114c, as the case may be, and pay the same in equated quarterly installment by the 30th day of june, 30th day of september, 31st day of december and 31st day of march of the financial year for which tax is to be paid. in the event of tax being paid in one lump sum for the financial year by the 30th day of june of the financial year, rebate of such percentage not exceeding fifteen percent, as may be notified by 23the corporation, of the total tax amount due shall be allowed. 4 any owner of any vacant land or covered space of building or any other person liable to pay the property tax or any occupier in the absence of such owner or person, who computes such property tax under this section, shall, on such computation pay the property tax on such vacant land or covered space of building, as the case may be, together with interest, if any, payable under the provisions of this act on a any new building or existing building which has not been assessed or b any existing building which has been redeveloped or substantially altered or improved after the last assessment, but has not been subjected to revision of assessment consequent upon such redevelopment or alteration or improvement as the case may be. 5 such owner or person, as the case may be, shall furnish to the commissioner a return of selfassessment in such form, and in such manner, as may be specified in the byelaws and every such return shall be accompanied by proof of payment of property tax and interest, if any. 6 in the case of any new building for which an occupancy certificate has been granted, or which has been occupied, after the coming into force of the delhi municipal corporation amendment act, , such payment shall be made, and such return shall be furnished, within thirty days of the expiry of the quarter in which such occupancy certificate is granted or such building is occupied, whichever is earlier. explanation.for the removal of doubt, it is hereby declared that occupancy certificate may be provisional or final and may be for the whole or any part of the building and occupancy may be of the whole or any part of the building. 7 after the determination of the annual value of vacant land or covered space of building under section 116e or section 116f or revision thereof under section123c has been made, any amount paid on selfassessment under this section shall be deemed to have been paid on account of such determination under this act as amended by the delhi municipal corporation amendment act, . 8 if any owner or other person as aforesaid, liable to pay the property tax under this act, fails to pay the same together with interest thereon, if any, in accordance with the provisions of this section, he shall, without prejudice to any other action to which he may be subject, be deemed to be a defaulter in respect of such property tax, or interest, or both, remaining unpaid, and all the provisions of this act applicable to such defaulter shall apply to him accordingly. 9 if, after the assessment of the annual value of any land or covered space, of building is finally made under this act, the payment on selfassessment under this section is found to be less than that of the amount payable by the assessee, the assessee shall pay the difference within two months from the date of final assessment, failing which recovery shall be made in accordance with the provisions of this act, but, after the final assessment, if it is found that the assessee has paid excess amount, such excess amount shall be refunded: provided that in any case where the amount of tax determined in the final assessment is more than the amount of tax paid under self assessment, and the difference in the amount of tax is, in the opinion of the commissioner, the result of wilful suppression of facts as defined in the byelaws, the commissioner may levy a penalty not exceeding thirty per cent of such difference in the tax besides the interest thereon: provided further that the levy of such penalty shall be in addition to any other punishment provided for under this act: provided also that the procedure for sending of notice, hearing of objection and determination of tax and penalties shall be such as may be specified in the byelaws. 10 where no notice is sent by the commissioner under section 123c within twelvemonths after the year to which such selfassessment relates, such self assessment shall be regarded as assessment made under this act: provided that in any case, where there has been wilful suppression of facts, penalty upto thirty per cent of the tax due may be imposed: provided further that the procedure for sending of notice, hearing of objection and determination of tax and penalties shall be such as may be specified in the byelaws. 1. ins. by delhi act 6 of , s. 13 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 123c. of the delhi municipal corporation act : 1123c. revision of assessment.1 the commissioner may cause any revision to be made at any time in the annual value of any vacant land or covered space of building or any portion thereof in the following cases, namely: i where the nature of use changes or ii where the nature of occupancy changes or iii where a new building is erected or an existing building is redeveloped or substantially altered or improved during the period the annual value remains in force or iv where, on an application made, in writing, by the owner or the person liable to pay the property tax, it is established that during the period the annual value is in force, such value has been reduced by reason of any substantial demolition or has suffered depreciation on account of any accident or any calamity proved to the satisfaction of the commissioner to have been beyond the control of such owner or person or v where any vacant land or covered space of building or portion thereof is acquired by purchase or otherwise by the 23government or the government or 45the corporation or vi where any vacant land or covered space of building or portion thereof is sold or otherwise transferred to the 23government or the government or the corporation or vii where, upon the acquisition or transfer of a part of any vacant land or covered space of building, a residual portion remains or viii where it becomes necessary so to do for any other reason to be recorded in writing. 2 before making any revision of the annual value under subsection 1, the commissioner shall give any owner, person or occupier as a case may be, affected by such revision, notice of not less than 30 days that he proposes to make the revision and consider any objections which may be made by such owner, person or occupier. 3 notwithstanding anything contained in subsection 1, where the annual value of any vacant land or covered space of building i has not, for any reason, been determined under this act, the annual value of such vacant land or covered space of building, as the case may be, may be determined by the commissioner at any time during the currency of the period of assessment in respect of such vacant land or covered space of building under section 116e or section 116f, as the case may be or ii has been cancelled on the ground of irregularity, the annual value of such vacant land or covered space of building, as the case may be, may be determined by the commissioner at any time after such cancellation and such annual value of such vacant land or covered space of building, as the case may be, shall remain in force until a fresh valuation or revision is made. 4 any revision of annual value of any vacant land or covered space of building or any portion thereof under this section shall be made with reference to the group into which such vacant land or covered space of building or part thereof is classified under section 116a, and the annual value fixed per unit area of such vacant land or covered space of building for that group shall be applicable. 5 notwithstanding anything contained in the foregoing provisions of this section, no revision of the annual value of any vacant land or covered space of building under this section shall be made without giving the owner or the occupier of such vacant land or covered space of building a reasonable opportunity of being heard. 6 where any revision of annual value of any vacant land or covered space of building is made under this section, the order of such revision shall be communicated to the owner or the occupier of such vacant land or covered space of building within ten days from the date of the order. 7 an appeal shall lie against an order under subsection 6 to an officer appointed by the government, if preferred by the owner, person or the occupier of such vacant land or covered space of building within fortyfive days from the date of the receipt of the order. 1. ins. by delhi act 6 of , s. 13 w.e.f. . 2. subs. by delhi act 12 of , s. 2 central government w.e.f. . 3. subs. by act 10 of , s. 2, for government w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 127.. of the delhi municipal corporation act : 127. preparation of new assessment list. omitted by the delhi municipal corporation amendment act, 6 of , s.17 w.e.f. .

section 129. of the delhi municipal corporation act : when any new building is erected or when any building is rebuilt or enlarged or when any building which has been vacant is reoccupied, the person primarily liable for the property taxes assessed on the building shall give notice thereof in writing to the commissioner within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may be, from the date of its enlargement or reoccupation and property taxes shall be assessable on the building from the said date.

section 124. of the delhi municipal corporation act : 1124. assessment list.1 23the corporation shall maintain a municipal assessment book in such form, and in such manner, as may be specified in the byelaws and shall make it available for inspection, free of charge, through electronic media or otherwise: provided that the municipal assessment book shall not be kept pending for any case for which any objection or appeal has been filed. 2 the commissioner may, at any time, amend the municipal assessment book for such reasons as may be specified in the byelaws: provided that no such amendment shall be made without giving any person affected a reasonable opportunity of being heard.. 1. subs. by delhi act 6 of , s. 13, for section 124 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 123d. of the delhi municipal corporation act : 1123d. power of commissioner regarding assessment.the commissioner may, at any time a make, suo motu, an assessment in any case where a return on the basis of self assessment has not been filed b revise any assessment where the information furnished in the return of self assessment is found to be incorrect c reopen any assessment even after the period of one year in any case where it has been detected that there is wilful suppression of information and d impose a penalty not exceeding thirty per cent of the difference in tax arising from nonfiling of a return in time, giving wrong information or wilful suppression of facts. 1. ins. by delhi act 6 of , s. 13 w.e.f. .

section 130. of the delhi municipal corporation act : 1 when any building or any portion of a building, which is liable to the payment of property taxes is demolished or removed, otherwise than by order of the commissioner, the person primarily liable for the payment of the said taxes shall give notice thereof in writing to the commissioner. 2 until such notice is given, the person aforesaid shall continue liable to the payment of such property taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.

section 125. of the delhi municipal corporation act : 1125. assignment of property identification code.1 23the corporation shall cause to be maintained a register wherein the property identification code numbers by which any premises or part thereof shall be known, shall be recorded in respect of each such premises in the municipal area and such numbers shall be fixed in such manner as may be specified in the byelaws. 2 when the property identification code numbers in respect of premises in any ward of 45the corporation have been determined, the commissioner shall notify the same in such manner as may be prescribed in the byelaws. 3 after the property identification code numbers in respect of premises in any ward have been notified under subsection 2, any person required under this act or any other law to make any application to 45the corporation for permission, licence or for payment of any tax or for payment of any dues for any service and for such other purposes as may be prescribed, shall at the time of making such application mentioned in the application, the property identification code number determined under subsection 1. 1. subs. by delhi act 6 of , s. 15, for section 15 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 128. of the delhi municipal corporation act : 1 whenever the title of any person primarily liable for the payment of property taxes on any land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the commissioner. 2 in the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the commissioner within six months from the date of the death of the deceased. 3 the notice to be given under this section shall be in such form as may be determined by byelaws made under this act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the commissioner any documents evidencing the transfer or devolution. 4 every person who makes a transfer as aforesaid without giving such notice to the commissioner shall, in addition to any penalty to which he may be subjected under the provisions of this act, continue liable for the payment of all property taxes from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the commissioners book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax. 5 the commissioner shall record every transfer or devolution of title notified to him under this section in his books and in the assessment list. 6 on a written request by the commissioner, the registrar or subregistrar of delhi appointed under the indian registration act, 16 of , shall furnish such particulars regarding the registration of instrument of transfer of immovable properties in delhi, as the commissioner may from time to time require. 7 such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected, or, if the commissioner so requests, by periodical returns at such intervals as the commissioner may fix.

section 131.. of the delhi municipal corporation act : 131. power of commissioner to call for information and returns and to enter and inspect premises. omitted by the delhi municipal corporation amendment act, 6 of , s.19 w.e.f. .

section 138. of the delhi municipal corporation act : the tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by byelaws made in this behalf.

section 132.. of the delhi municipal corporation act : 132. premises owned by, or let to, two or more persons in severalty to be ordinarily assessed as one property. omitted by s. 20, ibid. w.e.f. .

section 133.. of the delhi municipal corporation act : 133. assessment in case of amalgamation of premises. omitted by s. 21, ibid. w.e.f. .

section 134.. of the delhi municipal corporation act : 133. assessment in case of amalgamation of premises. omitted by s. 21, ibid. w.e.f. .

section 135. of the delhi municipal corporation act : 1 the commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the commissioner, to enter on, survey and value any land or building which the commissioner may direct him to survey and value. 2 no person shall wilfully delay or obstruct and such person in the exercise of any of his powers under this section.

section 137. of the delhi municipal corporation act : the tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable: provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person: provided further that the tax under this section shall not be levied in respect of a vehicles and animals belonging to 1the central 2government or to 34the corporation used or intended to be used solely for public purposes b vehicles intended exclusively for the conveyance free of charge, of the injured, the sick or the dead c childrens perambulators or tricycles 5 d a cow or a shebuffalo kept for milking for domestic use if the cow or the shebuffalo is the only cow or shebuffalo kept by the owner or the person having possession or control thereof for such milking and is registered in accordance with byelaws made in this behalf, so, however, that i where more cows or, as the case may be, more shebuffaloes than one are kept by several such owners or person constituting a family, the tax under this section shall be levied in respect of all such cows or all such shebuffaloes ii where a cow and also a shebuffalo are kept by the owner or the person having the possession or control thereof or by several such owners or persons constituting a family, the tax under this section shall be levied in respect of the cow and the shebuffalo. 1. subs. by delhi act 12 of , s. 2 central government w.e.f. . 2. subs. by act 10 of , s. 2, for government w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. ins. by act 42 of , s. 14 w.e.f. .

section 136. of the delhi municipal corporation act : save as otherwise provided in this act, a tax at the rates not exceeding those specified in the third schedule shall be levied on vehicles and animals of the descriptions specified in that schedule which are kept within delhi.

section 141. of the delhi municipal corporation act : every proprietor, manager, or person incharge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatretax and shall pay the same in advance before the commencement of the performances or shows: provided that the commissioner may, with the approval of the standing committee, compound for any series of performances or shows or for any period not exceeding one month, with such proprietor, manager, or person for a lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.

section 139., for tax. of the delhi municipal corporation act : the commissioner may, with the approval of the standing committee, compound for any period not exceeding one year at a time, with any livery stable keeper or other person keeping vehicles for hire or animals for sale or hire, for a lump sum to be paid in respect of the vehicles or animals so kept in lieu of the taxes leviable under section 136 which such livery stable keeper or other person would otherwise be liable to pay.

section 146. of the delhi municipal corporation act : if any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 143, the commissioner may require the owner or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled taken down or removed or spoiled, defaced or screened.

section 140. of the delhi municipal corporation act : save as otherwise provided in the act, there shall be levied a tax referred to in this act as theatretax in respect of every cinema, theatre, circus, carnival and other place of entertainment to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, at such rates not exceeding those specified in the fourth schedule as 12the corporation may determine: provided that the theatretax shall not be levied in respect of any performance or show if the commissioner is satisfied a that the entire receipts from such performance or show will be devoted to philanthropic, religious or charitable purposes or b that the performance or show is of a wholly educational character or c that the performance or show is provided for partly educational or partly scientific purposes by a society not conducted or established for profit. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 142.. of the delhi municipal corporation act : 142. tax on advertisements. omitted by delhi act 3 of , s. 173 i w.e.f. .

section 144. of the delhi municipal corporation act : the permission granted under section 143 shall become void in the following cases, namely: a if the advertisement contravenes any byelaw made under this act b if any material change is made in the advertisement or any part thereof without the previous permission of the commissioner c if the advertisement or any part thereof falls otherwise than through accident d if any addition or alteration is made to, or in the building, wall, hoarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof and e if the building, wall, hoarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.

section 147. of the delhi municipal corporation act : 1 save as otherwise provided in this act, 12the corporation shall levy a duty on transfers of immovable property situated within the limits of 34delhi in accordance with the provisions hereafter in this section contained. 2 the said duty shall be levied a in the form of a surcharge on the duty imposed by the indian stamp act, 2 of as in force for the time being in the union territory of delhi, on every instrument of the description specified below, and b at such rate as may be determined by 12the corporation not exceeding five per cent, on the amount specified below against such instruments: description of instrument amount on which duty should be levied i sale of immovable property. the amount or value of the consideration for the sale, as set forth in the instrument. ii exchange of immovable property. the value of the property of the greater value, as set forth in the instrument. iii gift of immovable property. the value of the property, as set forth in the instrument. iv mortgage with possession of immovable property. the amount secured by the mortgage as set forth in the instrument. v lease in perpetuity of immovable property. the amount equal to onesixth of the whole amount or value of the rent which would be paid or delivered in respect of the first fifty years of the lease as set forth in the instrument. 5vi contract for transfer of immovable property ninety percent of the value of the consideration for the transfer as set out in the contract. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 4. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. . 5. ins. by delhi act 6 of , s. 23 w.e.f. .

section 145. of the delhi municipal corporation act : where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this act or any byelaws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.

section 143. of the delhi municipal corporation act : 1 no advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or shall be displayed in any manner whatsoever in any place within delhi without the written permission of the commissioner granted in accordance with byelaws made under this act. 2 the commissioner shall not grant such permission if a the advertisement contravenes any byelaw made under this act or b the tax, if any, due in respect of the advertisement has not been paid. 3 subject to the provisions of subsection 2, in the case of an advertisement liable to the advertisement tax, the commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.

section 148. of the delhi municipal corporation act : on the introduction of the duty on transfers of property a section 27 of the indian stamp act, 2 of , as in force in delhi shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without delhi b section 64 of the said act shall be read as if it referred to 12the corporation as well as the government. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 149. of the delhi municipal corporation act : 1 save as otherwise provided in this act, 12the corporation shall levy a tax on buildings at such rates not exceeding those specified in the sixth schedule, as 12the corporation shall determine. 2 the tax shall be leviable on every person who makes an application to the commissioner for the sanction of building plan and shall be payable along with the same. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 154. of the delhi municipal corporation act : 1 if the amount of the tax for which a bill has been presented under section 153, is not paid within fifteen days from the presentation thereof, or if the tax on vehicles and animals or the theatretax or the tax on advertisements is not paid after it has become due, the commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in the seventh schedule. 2 for every notice of demand which the commissioner causes to be served on any person under this section, a fee of such amount not exceeding five rupees as may be determined by byelaws made in this behalf, shall be payable by the said person and shall be included in this cost of recovery.

section 155. of the delhi municipal corporation act : 1 if the person liable for the payment of any tax does not, within thirty days of the service of the notice of demand under section 154, pay the sum due and if no appeal is preferred against such tax, he shall be deemed to be in default. 2 when the person liable for the payment of any tax is deemed to be in default under subsection 1, such sum not exceeding twenty per cent, of the amount of the tax as may be determined by the commissioner may be recovered from him by way of penalty, in addition to the amount of the tax and the notice fee, payable under subsection 2 of section 154. 3 the amount due as penalty under subsection 2 shall be recoverable as an arrear of tax under this act.

section 150. of the delhi municipal corporation act : 1 12the corporation may, at a meeting, pass a resolution for the levy of any of the taxes specified in subsection 2 of section 113, defining the maximum rate of the tax to be levied, the class or classes of persons or the description or descriptions of articles and properties to be taxed, the system of assessment to be adopted and the exemptions, if any, to be granted. 2 any resolution passed under subsection 1 shall be submitted to the 3 government for its sanction, and if sanctioned by that government, shall come into force on and from such date as may be specified in the order of sanction. 3 after a resolution has come into force under subsection 2, 45the corporation may, subject to the maximum rate, pass a second resolution determining the actual rates at which the tax shall be leviable and the tax shall come into force on the first day of the quarter of the year next following the date on which second resolution is passed. 4 after a tax has been levied in accordance with the foregoing provisions of this section, the provisions of subsection 2 of section 109, shall apply in relation to such tax as they apply in relation to any tax imposed under subsection 1 of section 113. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the word central omitted by act 67 of , s. 86 w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 151. of the delhi municipal corporation act : whenever 12the corporation decides to have recourse to supplementary taxation under subsection 2 of section 111 in any year, it shall do so by increasing from such date as 12the corporation may determine, the rates at which any tax leviable under this act is being levied, but every such increase shall be made subject to the maximum rate and any other limitation specified in respect of such tax. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 152. of the delhi municipal corporation act : 1152. time and manner of payment of taxes.1 save as otherwise provided in this act, any tax levied under this act shall be payable on such dates, in such number of installments and in such manner as may be determined by byelaws made in this behalf: provided that if, on the coming into force of the delhi municipal corporation amendment act, , there is any increase in the amount of property tax which was being paid or was payable immediately before the coming into force of the delhi municipal corporation amendment act, , the difference in the amount of property tax in excess of fifty per cent above the tax being paid or being payable, shall be given effect to by stages covering a period of three years by dividing the amount of such increase in the property tax by three, the quotient being added to the amount of property tax which was payable immediately before the coming into force of the delhi municipal corporation amendment act, , and to the amount of property tax which shall be payable respectively in each of the remaining two successive years after such addition. 2 where any person liable for the payment of property tax under this act has failed to pay a such tax by the date as specified in subsection 3 of section 123 b or b the arrear of tax, interest and penalty, if any, and any other sum in the nature of tax up to the 31st march of the preceding financial year he shall be liable to pay simple interest at the rate of one per cent for every month or part of the month comprising the period from the expiry of the due date, till the amount is actually paid. 1. subs. by delhi act 6 of , s. 24, for section 152 w.e.f. .

section 153. of the delhi municipal corporation act : 1 when any tax has become due, the commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due: provided that no such bill shall be necessary in the case of 1a property tax payable on selfassessment of vacant land or covered space in any building 2aa a tax on vehicles and animals b a theatretax and c 3 2 every such bill shall specify the particulars of the tax and the period for which the charge is made. 1. ins. by delhi act 6 of , s. 25 w.e.f. . 2. clause a renumbered as clause aa by s. 25, ibid. w.e.f. . 3. clause c omitted by delhi act 3 of , s. 173 w.e.f. .

section 152a. of the delhi municipal corporation act : 1152a. punishment for wilful default in payment of property tax, furnishing wrong information in return of assessment, etc.whoever wilfully makes default in the payment of, or wilfully attempts in any manner whatsoever to evade, any tax, including amount of interest due and penalty levied under this act, or furnishes any wrong information in the return of assessment, or wilfully fails to furnish in due time the return of property tax, or does not furnish information as asked for under any provision of this act, he shall, without prejudice to any other penal provision under this act to which he may be subject, be punishable, a in the case where the amount of tax sought to be evaded exceeds ten lakh rupees, with rigorous imprisonment for a term which shall not be less than three months but which may extend up to seven years, and with fine of not less than fifty percent of the amount of tax evaded and b in any other case, with rigorous imprisonment for a term which shall not be less than one month but which may extend up to three years, and with fine of not less than fifty percent of the amount of tax evaded: provided that the penalties so imposed shall be in addition to, and not in derogation of, any liability in respect of the payment of tax which the defaulter may have incurred. 1. ins. by delhi act 6 of , s. 24, for section 152 w.e.f. .

section 156. of the delhi municipal corporation act : 1 if the person liable for the payment of the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 155, may be recovered under a warrant, issued in the form set forth in the eighth schedule, by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter: provided that the commissioner shall not recovery any sum the liability for which has been remitted on appeal under the provisions of this act. 2 every warrant issued under this section shall be signed by the commissioner.

section 163., of buildings. of the delhi municipal corporation act : if any building is wholly or partly demolished or destroyed or otherwise deprived of value, the commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable annual value thereof as he thinks fit.

section 156a. of the delhi municipal corporation act : 1156a. recovery of property tax.if, after the coming into force of the delhi municipal corporation amendment act, , any owner of any vacant land or covered space of building or any other person liable to pay the property tax or any occupier, in the absence of any such owner or person, does not file a return of selfassessment within sixty days of the coming into force of the delhi municipal corporation amendment act, , or if the person liable for the payment of property tax does not pay the amount due within the due date, such sum together with all costs and penalty may be recovered under a warrant, issued in the form set forth in the eighth schedule, by distress and sale of the movable property, or the attachment and sale of the immovable property, of the defaulter: provided that the commissioner shall not recover any sum the liability for which has been remitted on appeal under the provisions of this act. 1. ins. by delhi act 6 of , s. 26 w.e.f. .

section 162. of the delhi municipal corporation act : 1 for the purposes of recovering the amount of any property tax from any occupier under section 122, the commissioner shall cause to be served on such occupier a notice requiring him to pay to 12the corporation any rent due or falling due from him in respect of the land or building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section. 2 such notice shall operate as an attachment of the said rent unless the portion of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to 12the corporation in pursuance of such notice: provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid. 3 if any occupier fails to pay to 12the corporation any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by 12the corporation as an arrear of tax under this act. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 158. of the delhi municipal corporation act : 1 when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the commissioner shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid. 2 if the warrant is not in the meantime suspended by the commissioner, or discharged, the property seized shall, after the expiry of the period named in the notice served under subsection 2 of section 157, be sold by public auction by order of the commissioner. 3 when a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid into the municipal office within fifteen days from the date of the attachment. 4 such order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is land paying revenue to the government, in the office of the collector. 5 any transfer of or charge on the property attached or any interest therein made without written permission of the commissioner shall be void as against all claims of 12the corporation enforceable under the attachment. 6 the surplus of the saleproceeds, if any shall, immediately after the sale of the property, be credited to the municipal fund, and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representative and if the same is claimed by written application to the commissioner within one year from the date of the notice, a refund thereof shall be made to such person or representative. 7 any surplus not claimed within one year as aforesaid shall be the property of 12the corporation. 8 for every distraint and attachment made in accordance with the foregoing provisions, a fee of such amount not exceeding twoandahalf per cent. of the amount of the tax due as shall in each case be fixed by the commissioner, shall be charged, and the said fee shall be included in the costs of recovery. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 159. of the delhi municipal corporation act : 1 if the commissioner has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from delhi, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person. 2 if, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress or attachment and sale in the manner hereinbefore provided, and the warrant of distress or attachment and sale may be issued and executed without any delay.

section 164.. of the delhi municipal corporation act : 164. remission or refund of tax. omitted by delhi municipal corporation amendment act, delhi act 6 of , s. 27 w.e.f. .

section 165.. of the delhi municipal corporation act : 165. power to require entry in assessment list of details of buildings. omitted by s. 28, ibid. w.e.f. .

section 157. of the delhi municipal corporation act : 1 it shall be lawful for any officer or other employee of 12the corporation to whom a warrant issued under section 156 is addressed to distrain, wherever it may be found in any place in delhi, any movable property or any standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely: a the following property shall not be distrained: i the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils ii tools of artisans iii books of account or iv when the defaulter is an agriculturist, his implements of husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood b the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the commissioner, should not have been distrained, it shall forthwith be released. 2 the person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in the ninth schedule, to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 161. of the delhi municipal corporation act : 1 if the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property as hereinbefore provided, the commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both and, if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the commissioner may cause the same to be sold and apply the proceeds of sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid. 2 the surplus, if any, remaining after the application of the saleproceeds under subsection 1 shall be disposed of in the manner laid down in subsections 6 and 7 of section 158.

section 167.. of the delhi municipal corporation act : 167. what buildings, etc., are to be deemed vacant. omitted by s. 30, ibid. w.e.f. .

section 160. of the delhi municipal corporation act : instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter has been so proceeded against unsuccessfully or with partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.

section 166.. of the delhi municipal corporation act : 166. notice to be given of the circumstances in which remission or refund is claimed. omitted by s. 29, ibid. w.e.f. .

section 168.. of the delhi municipal corporation act : 168. notice to be given of every occupation of vacant land or building. omitted by s. 31, ibid. w.e.f. .

section 169. of the delhi municipal corporation act : 1169. appeal against assessment, etc.1 an appeal against the levy or assessment or revision of assessment of any tax under this act shall lie to the municipal taxation tribunal constituted under this section: provided that the full amount of the property tax shall be paid before filing any appeal: provided further that the municipal taxation tribunal may, with the approval of the district judge of delhi, also take up any case for which any appeal may be pending before the court of such district judge. provided also that any appeal pending before the court of such district judge shall be transferred to the municipal taxation tribunal for disposal, if requested by the applicant for the settlement thereof on the basis of annual value. 2 a the government shall constitute a municipal taxation tribunal consisting of a chairperson ,and such other members as the government may determine: provided that on the recommendation of the government the chairperson may constitute one or more separate benches, each bench comprising two members, one of whom shall be a member of the higher judicial service of a state or a union territory and the other member from the higher administrative service, and may transfer to any such bench any appeal for disposal or may withdraw from any bench any appeal before it is finally disposed of. b the chairperson, and not less than half of the other members, of the municipal taxation tribunal shall be persons who are or have been the members of the higher judicial service of a state or a union territory for a period of not less than five years, and the remaining members, if any, shall have such qualifications and experience as the government may by rules determine. c the chairperson and the other members of the municipal taxation tribunal shall be appointed by the government for a period of five years or till they attain the age of sixtyfive years, whichever is earlier. d the other terms and conditions of service of the chairperson and the other members of the municipal taxation tribunal, including salaries and allowances, shall be such as may be determined by rules by the government. e the salaries and allowances of the chairperson and the other members of the municipal taxation tribunal shall be paid from the municipal fund. 3 in every appeal, the costs shall be in the discretion of the municipal taxation tribunal or the bench thereof, if any. 4 costs awarded under this section to 23the corporation shall be recoverable by 23the corporation as an arrear of tax due from the appellant. 5 if 23the corporation fails to pay any costs awarded to an appellant within ten days from the date of the order for payment thereof, the municipal taxation tribunal may order the commissioner to pay the costs to the appellant. 1. subs. by delhi act 6 of , s. 32, for section 169 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 173. of the delhi municipal corporation act : 1 the commissioner may, with the previous sanction of the standing committee, allow any person to compound for any tax. 2 every sum due by reason of the composition of a tax under subsection 1 shall be recovered as an arrear of tax under this act.

section 175. of the delhi municipal corporation act : 1 the commissioner may, by written notice, call upon any inhabitant of delhi to furnish such information as may be necessary for the purpose of ascertaining a whether such inhabitant is liable to pay any tax imposed by 12the corporation under this act b at what amount he should be assessed or c the rateable value of the land or building which he occupies and the name and address of the owner or lessee thereof. 2 if any person when called upon under subsection 1 to furnish information neglects to furnish it within the period specified in this behalf by the commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this act, to be assessed at such amount on account of tax as the commissioner may deem proper, and the assessment so made shall, subject to the provisions of this act, be final. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 170. of the delhi municipal corporation act : no appeal shall be heard or determined under section 169 unless a the appeal is, in the case of a property tax, brought within thirty days next after the date of authentication of the assessment list under section 124 exclusive of the time requisite for obtaining a copy of the relevant entries therein or, as the case may be, within thirty days of the date on which an amendment is finally made under section 126, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof: provided that an appeal may be admitted after the expiration of the period prescribed therefor by this section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within that period b the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 171. of the delhi municipal corporation act : the order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final: provided that it shall be lawful for the 1municipal taxation tribunal, upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order. 1. subs. by delhi act 6 of , s. 33, for court w.e.f. .

section 176. of the delhi municipal corporation act : no assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of any property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this act and the byelaws made thereunder have in substance and effect been complied with and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.

section 172. of the delhi municipal corporation act : 172. power to inspect for purposes of determining 1annual value or tax.1 the commissioner may, without giving any previous notice, enter upon and make an inspection of a any land or building for the purpose of determining the 1annual value of such land or building b any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax under this act c any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the theatre tax is payable or would be payable d any land, building or vehicle in or upon which any advertisement liable to tax under this act is exhibited or displayed. 2 the commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of such person and every person or servant of such person so summoned shall be bound to attend before the commissioner and to give information to the best of his knowledge and belief as to the said matters. 1. subs. by delhi act 6 of , s. 2, for rateable value.

section 177. of the delhi municipal corporation act : 12the corporation may, by resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this act, any class of persons or any class of property or goods. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 172a.power to appoint an agency for administration of property tax of the delhi municipal corporation act : 1172a. power to appoint an agency for administration of property tax.1 the commissioner may, subject to such byelaws as specified by 23the corporation in this behalf, appoint any citizens welfare association recognized by 23the corporation , or any scheduled bank, or any person or other agency to a maintain the assessment book under section 124 b collect tax and deposit the same with 23the corporation and c carry out such other tasks as may be assigned to them by a resolution of the standing committee. 2 such citizens welfare association, bank or person, or other agency shall be paid such collection charges as may be authorized by such byelaws as may be specified by 23the corporation. 1. ins. by delhi act 6 of , s. 35 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 180.. of the delhi municipal corporation act : 180. payment by the central government to the corporation and other local authorities. omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 174. of the delhi municipal corporation act : 1 the commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable: provided that, where the sum written off in favour of any one person exceeds one hundred rupees, the previous sanction of the standing committee shall be first obtained. 2 the commissioner shall report to the standing committee every case in which any sum has been written off under subsection 1.

section 181.. of the delhi municipal corporation act : 181. power of exemption. omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 184.. of the delhi municipal corporation act : 184. proceeds of entertainment tax. omitted by delhi act no. 11 of , s. 4 w.e.f. .

section 178.. of the delhi municipal corporation act : 178. terminal tax on goods carried by railway, or road.omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 186. of the delhi municipal corporation act : the time for the repayment of any money borrowed under section 185 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the central government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.

section 187. of the delhi municipal corporation act : all debentures issued under this chapter shall be in such form as 12corporation may, with the previous sanction of 3the central 4government, determine and shall be transferable in such manner as shall be therein expressed and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 4. subs. by act 10 of , s. 2, for government w.e.f. .

section 179.. of the delhi municipal corporation act : 179. recovery of terminal taxes. omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 182.. of the delhi municipal corporation act : 182. powers and liabilities of persons authorised to collect terminal taxes. omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 185. of the delhi municipal corporation act : 1 12the corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of all or any of the taxes, rates, cesses, fees and charges authorised by or under this act, any sums of money which may be required a for acquiring any land which it has power to acquire b for erecting any building which it has power to erect c for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years 3 d to pay off any debt due to the central government or the government e to repay a loan previously raised under this act or any other act previously in force or f for any other purpose for which 45the corporation is, by virtue of this act or any other law for the time being in force, authorised to borrow: provided that i no loan shall be raised without the previous sanction of the central government or without previous publication of the application for sanction under the local authorities loans act, , 9 of and the rules made thereunder ii the amount of loan, the rate of interest and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to the approval of the central government. 2 when any sum of money has been borrowed under subsection 1, no portion of any sum of money borrowed for any of the purposes referred to in clause c of subsection 1 shall be applied to the payment of salaries and allowances to any municipal officers or other municipal employees other than those exclusively employed in connection with the carrying out of that purpose. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. 3. subs. by act 67 of , s. 89, for clause d w.e.f. . 4. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 5. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 183.. of the delhi municipal corporation act : 183. power to make rules. omitted by the delhi municipal corporation amendment ordinance, 21 of , w.e.f. .

section 188. of the delhi municipal corporation act : when any debenture or security issued under this act is payable to two or more persons jointly, and either or any of them dies, then notwithstanding anything in section 45 of the indian contract act, 9 of , the debenture or security shall be payable to the survivor or survivors of such person : provided that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.

section 189. of the delhi municipal corporation act : when two or more persons are joint holders of any debenture or security issued under this act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to 12the corporation by the other of such persons. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 190. of the delhi municipal corporation act : 1 12the corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued. 2 all money paid into the sinking funds shall, as soon as possible, be invested by the commissioner in public securities and every such investment shall be reported by the commissioner to 34the corporation within fifteen days. 3 all dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in subsection 2. 4 when any part of a sinking fund is invested in delhi municipal debentures, or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in subsection 2. 5 any investment made under this section may, subject to the provisions of subsection 2, be varied or transposed. 1 subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 195. of the delhi municipal corporation act : 1 if any money borrowed or deemed to have been borrowed by the corporation from the 1 central government or the government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the 1 central government or the government may attach the municipal fund or any part thereof. 2 after such attachment no person except an officer appointed in this behalf by the central government shall in any way deal with the attached fund but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to the satisfaction of the debt due to the 1 central government. 1. subs. by act 67 of , s. 90, for government w.e.f. .

section 192. of the delhi municipal corporation act : 1 the commissioner shall, at the end of every year, submit to corporation a statement showing a the amount which has been invested during the year under section 190 b the date of the last investment made previous to the submission of the statement c the aggregate amount of the securities then in his hands and d the aggregate amount which has up to the date of the statement been applied under section 191, in or towards discharging loans. 2 every such statement shall be published in the official gazette.

section 197. of the delhi municipal corporation act : 12the corporation shall, for the purpose of this act, have power to acquire and hold movable and immovable property, or any interest therein. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 191. of the delhi municipal corporation act : a sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose: provided that when any loan or part thereof has been consolidated under section 193, the commissioner shall transfer to the sinking fund of the consolidated loan such part of the sinking funds of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan.

section 198. of the delhi municipal corporation act : whenever 12the corporation decides to acquire any immovable property for the purpose of this act, the commissioner shall acquire such property on behalf of 12the corporation by agreement on such terms and at such price as may be approved by the standing committee. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 193. of the delhi municipal corporation act : 1 notwithstanding anything to the contrary contained in this chapter, 12the corporation may consolidate all or any of its loans and for that purpose may invite tenders for a new loan to be called the delhi municipal consolidated loan, 19 and invite holders of the municipal debentures to exchange their debentures for scrips of such loan. 2 the terms of any such consolidated loan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the 34central government. 3 the period for the exchanging of any such consolidated loan shall not, without the sanction of the central government, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repayable. 4 56the corporation shall provide for the repayment of any such consolidated loan by a sinking fund in the manner laid down in section 190, having regard to the amount transferred to such sinking fund under section 191. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3.subs. by delhi act 12 of , s. 2, for central government w.e.f. . 4. subs. by act 10 of , s. 2, for government w.e.f. . 5. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 6. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 194. of the delhi municipal corporation act : show related subordinates all payments due from 12the corporation for interest on and repayment of loans shall be made in priority to all other payments due from 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 196. of the delhi municipal corporation act : 12the corporation may make regulations to carry out the purpose of this chapter including, in particular, the issue of duplicates in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 199. of the delhi municipal corporation act : whenever the commissioner is unable to acquire any immovable property under section 198 by agreement, 1government may at the request of the commissioner procure the acquisition thereof under the provisions of the land acquisition act, 1 of , and on payment by 23the corporation of the compensation awarded under that act and of the charges incurred by the government in connection with the proceedings, the land shall vest in 23the corporation. 1. subs. by act 67 of , s. 90, for government w.e.f. .br 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. .br 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 206. of the delhi municipal corporation act : 1 the municipal chief auditor shall a report to the standing committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to 12the corporation or in the municipal accounts b furnish to the standing committee such information as that committee may from time to time require concerning the progress of the audit. 2 the standing committee shall cause to be laid before 12the corporation every report made by the municipal chief auditor to the standing committee and every statement of the views of the municipal chief auditor on any matter affecting the exercise and performance of the powers and duties assigned to him under this act which the municipal chief auditor may require the standing committee to place before 12the corporation together with a report stating what orders have been passed by the standing committee upon such report or statement, and 12the corporation may take such action in regard to any of the matters aforesaid as 12the corporation may deem necessary. 3 as soon as may be after the commencement of each year the municipal chief auditor shall deliver to the standing committee a report of the entire municipal accounts for the previous year. 4 the commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each councillor and alderman. 5 the commissioner shall also forward without delay to the 3 government so many copies of the said report as may be required by that government with a brief statement of the action, if any taken or proposed to be taken thereon. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the word central omitted by act 67 of , s. 93 w.e.f. .

section 200. of the delhi municipal corporation act : with respect to the disposal of property belonging to 12the corporation, the following provisions shall have effect, namely: a the commissioner may, in his discretion, dispose of, by sale or otherwise, any movable property belonging to 12the corporation not exceeding in value in each instance one thousand rupees, or such higher amount as 12the corporation may prescribe, or let out or hire any movable property or grant a lease of any immovable property belonging to 12the corporation, including any right of gathering and taking fruits and the like, for a period not exceeding one year at a time b the commissioner may, with the sanction of the standing committee, i dispose of, by sale or otherwise, any movable property belonging to 12the corporation the value of which does not exceed five thousand rupees ii grant a lease other than a lease in perpetuity of any immovable property belonging to 12the corporation or iii sell or grant a lease in perpetuity of any immovable property belonging to 12the corporation the value of which does not exceed fifty thousand rupees or the annual rent of which does not exceed three thousand rupees c in cases not covered by clause a or clause b, the commissioner may, with the sanction of 12the corporation, lease, sell, let out on hire or otherwise transfer any property, movable or immovable, belonging to 12the corporation d the consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition e the sanction of the standing committee or of 12the corporation under the aforesaid clauses may be given either generally for any class of cases or specially for any particular case f subject to any conditions or limitations that may be specified in any other provisions of this act, the foregoing provisions of this section shall apply to every disposal of property belonging to 12the corporation made under, or for any purpose of, this act g every case of disposal of property under clause a and clause b shall be reported by the commissioner without delay to the standing committee and 12the corporation respectively. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 201. of the delhi municipal corporation act : subject to the provisions of sections 202 and 203, 12the corporation shall be competent to enter into and perform any contract necessary for the purposes of this act. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 202. of the delhi municipal corporation act : with respect to the making of contracts, the following provisions shall have effect, namely: a every such contract shall be made on behalf of 12the corporation by the commissioner b no such contract, for any purpose which in accordance with any provision of this act the commissioner may not carry out without the approval or sanction of 12the corporation or some other municipal authority shall be made by him until and unless such approval or sanction has been duly obtained 3 c no contract which will involve an expenditure exceeding ten lakh rupees or such higher amount as 4the central 5government may from time to time, fix, shall be made by the commissioner unless the same is previously approved by the standing committee and d every contract made by the commissioner involving an expenditure exceeding one lakh rupees but not exceeding ten lakh rupees or such higher amount as may be fixed under clause c shall be reported by him, within one month after the same has been made to the standing committee. 6 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 91, for clauses c and d w.e.f. . 4. subs. by delhi act 12 of , s. 2 central government w.e.f. . 5. subs. by act 10 of , s. 2, for government w.e.f. . 6. omitted by s. 91, ibid. w.e.f. .

section 203. of the delhi municipal corporation act : 1 the mode of executing contracts under this act shall be prescribed by byelaws made in this behalf. 2 no contract which is not made in accordance with the provisions of this act and the byelaws made thereunder shall be binding on 12the corporation. 343 the contracts already made in accordance with the provisions of the byelaws made under this act prior to the commencement of the delhi municipal corporation amendment act, shall be deemed to have been executed by the commissioner on behalf of the corporation constituted under subsection 1 of section 3 and shall continue until the expiry of the validity period of such contracts. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3 ins. by delhi act 12 of , s. 15 w.e.f. . 4. subs. by act 10 of , s. 8, for subsection 3 w.e.f. .

section 205. of the delhi municipal corporation act : 1 the municipal chief auditor shall conduct a monthly examination and audit of the municipal accounts and shall report thereon to the standing committee who shall publish monthly an abstract of the receipt and expenditure of the month last preceding, signed by not less than two members of that committee and by the municipal chief auditor. 2 the standing committee may also from time to time and for such period as it thinks fit conduct independently any examination and audit of the municipal accounts. 3 for the purpose of examination and audit of the municipal accounts the standing committee and the municipal chief auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto and the commissioner shall forthwith furnish to the standing committee or the municipal chief auditor any explanation concerning any receipts or expenditure which they may call for.

section 204. of the delhi municipal corporation act : 1there shall be kept in such manner and in such form as may be prescribed by regulations the general account of all receipts and expenditures of 12the corporation. 1. subs. by act 10 of s. 92, for section 204 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 211.. of the delhi municipal corporation act : power to require corporation to carry out surveys and formulate proposals. omitted by s. 96, ibid. w.e.f. .

section 207. of the delhi municipal corporation act : 1 the 1 government may at any time appoint an auditor for the purpose of making a special audit 2of the general account of the municipal fund and of reporting thereon to the 1 government and the costs of such audit as determined by the 1 government shall be chargeable to the municipal fund. 2 an auditor so appointed may exercise any power which the municipal chief auditor may exercise. 1. the word central omitted by act 67 of , s. 94 w.e.f. . 2. subs. by s. 94, ibid., for of any of the accounts w.e.f. .

section 214.. of the delhi municipal corporation act : water supplied for domestic purposes not to be used for nondomestic purposes. omitted by s. 96, ibid. w.e.f. .

section 208. of the delhi municipal corporation act : 1 the municipal chief auditor shall audit the accounts of 12the corporation with the assistance of officers and other employees subordinate to him. 2 in the discharge of his functions under this section the municipal chief auditor shall a audit the accounts of expenditure from the revenue of 12the corporation, expenditure on account of loan works and expenditure incurred out of special funds shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it b audit the accounts of debts, deposits sinking funds, advances, suspense and remittance transactions of the corporation and report upon those accounts and upon the results of verification of the balances relating thereto. 3 the municipal chief auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of 12the corporation, including the trading, manufacturing and profit and loss accounts, and the balancesheets where such accounts are maintained under the orders of 12the corporation, 3 or the standing committee, and shall certify and report upon these accounts. 4 the municipal chief auditor shall, in consultation with 4 the standing committee and subject to any directions given by the corporation, determine the form and manner in which his reports on the accounts of 12the corporation shall be prepared and shall have authority to call upon any officer of the corporation to provide any information necessary for the preparation of these reports. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 95, for certain words w.e.f. . 4. certain words omitted by s. 95, ibid. w.e.f. .

section 210.. of the delhi municipal corporation act : definitions. omitted by the delhi municipal corporation amendment act, 67 of , s. 96 w.e.f. .

section 212.. of the delhi municipal corporation act : power to construct additional works. omitted by s. 96, ibid. w.e.f. .

section 209., and call for returns, etc. of the delhi municipal corporation act : 1 the municipal chief auditor may make such queries and observations in relation to any of the accounts of 12the corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit. 2 every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the municipal chief auditor. 3 the powers of the municipal chief auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to, expenditure from the revenues of 12the corporation shall be such as may be prescribed by the standing committee in consultation with the municipal chief auditor and with the approval of 12the corporation. 4 if the municipal chief auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate he may require that those accounts, together with all books and documents having relation there to, shall at all convenient times be made available in the said offices for inspection. 5 the municipal chief auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him: provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents. 6 the municipal chief auditor shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections. 7 expenditure sanctioned by the municipal chief auditor shall be audited by an officer to be nominated by 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 216.. of the delhi municipal corporation act : supply of water for domestic purposes not to include any supply for certain specified purposes. omitted by s. 96, ibid. w.e.f. .

section 213.. of the delhi municipal corporation act : functions in relation to water supplies. omitted by s. 96, ibid. w.e.f. .

section 215.. of the delhi municipal corporation act : purity of water for domestic purposes. omitted by s. 96, ibid. w.e.f. .

section 217.. of the delhi municipal corporation act : power to supply water for nondomestic purposes. omitted by s. 96, ibid. w.e.f. .

section 223.. of the delhi municipal corporation act : power to lay service pipes, etc. omitted by s. 96, ibid. w.e.f. .

section 219.. of the delhi municipal corporation act : power to require water supply to be taken. omitted by s. 96, ibid. w.e.f. .

section 218.. of the delhi municipal corporation act : use of water for extinguishing fire. omitted by s. 96, ibid. w.e.f. .

section 224.. of the delhi municipal corporation act : provision of fire hydrants. omitted by s. 96, ibid. w.e.f. .

section 220.. of the delhi municipal corporation act : new premises not to be occupied without arrangement for water supply. omitted by s. 96, ibid. w.e.f. .

section 221.. of the delhi municipal corporation act : public gratuitous water supply. omitted by s. 96, ibid. w.e.f. .

section 222.. of the delhi municipal corporation act : power to lay mains. omitted by s. 96, ibid. w.e.f. .

section 227.. of the delhi municipal corporation act : laying of supply pipes, etc. omitted by s. 96, ibid. w.e.f. .

section 230.. of the delhi municipal corporation act : power of commissioner to provide meters. omitted by s. 96, ibid. w.e.f. .

section 226.. of the delhi municipal corporation act : supply of water. omitted by s. 96, ibid. w.e.f. .

section 225.. of the delhi municipal corporation act : power of corporation to require owners of premises to set up pumps, etc. omitted by s. 96, ibid. w.e.f. .

section 228.. of the delhi municipal corporation act : power to require separate service pipes. omitted by s. 96, ibid. w.e.f. .

section 232.. of the delhi municipal corporation act : prohibition of waste or misuse of water. omitted by s. 96, ibid. w.e.f. .

section 229.. of the delhi municipal corporation act : stopcocks. omitted by s. 96, ibid. w.e.f. .

section 231.. of the delhi municipal corporation act : presumption as to correctness of meters. omitted by s. 96, ibid. w.e.f. .

section 233. of the delhi municipal corporation act : power to enter premises to detect waste or misuse of water. omitted by s. 96, ibid. w.e.f. 110 .

section 234.. of the delhi municipal corporation act : power to test water test fittings. omitted by s. 96, ibid. w.e.f. .

section 235.. of the delhi municipal corporation act : power to close or restrict use of water from polluted source of supply. omitted by the delhi municipal corporation amendment act, 67 of , s. 96 w.e.f. .

section 240.. of the delhi municipal corporation act : control of drains and sewage disposal works. omitted by s. 96, ibid. w.e.f. .

section 241.. of the delhi municipal corporation act : certain matters not to be passed into municipal drains. omitted by s. 96, ibid. w.e.f. .

section 236.. of the delhi municipal corporation act : water pipes, etc., not to be placed where water will be polluted. omitted by s. 96, ibid. w.e.f. .

section 237.. of the delhi municipal corporation act : power to cut off private water supply or to turn off water. omitted by s. 96, ibid. w.e.f. .

section 238.. of the delhi municipal corporation act : joint and several liability of owners and occupiers for offence in relation to water supply. omitted by s. 96, ibid. w.e.f. .

section 239.. of the delhi municipal corporation act : public drains etc., to vest in the corporation. omitted by s. 96, ibid. w.e.f. .

section 247.. of the delhi municipal corporation act : use of drain by a person other than the owner. omitted by s. 96, ibid. w.e.f. .

section 249.. of the delhi municipal corporation act : power of commissioner to require owner to carry out certain works for satisfactory drainage. omitted by s. 96, ibid. w.e.f. .

section 242.. of the delhi municipal corporation act : application by owners and occupiers to drain into municipal drains. omitted by s. 96, ibid. w.e.f. .

section 243.. of the delhi municipal corporation act : drainage of undrained premises. omitted by s. 96, ibid. w.e.f. .

section 250.. of the delhi municipal corporation act : appointment of places for the emptying of drains and disposal of sewage. omitted by s. 96, ibid. w.e.f. .

section 244.. of the delhi municipal corporation act : new premises not to be erected without drains. omitted by s. 96, ibid. w.e.f. .

section 245.. of the delhi municipal corporation act : power to drain group or block of premises by combined operation. omitted by s. 96, ibid. w.e.f. .

section 246.. of the delhi municipal corporation act : power of commissioner to close or limit the use of private drains in certain cases. omitted by s. 96, ibid. w.e.f. .

section 252.. of the delhi municipal corporation act : buildings, railways and private streets not to be erected or constructed over drains or water works without permission. omitted by s. 96, ibid. w.e.f. .

section 248.. of the delhi municipal corporation act : sewage and rain water drains to be distinct. omitted by s. 96, ibid. w.e.f. .

section 251.. of the delhi municipal corporation act : connection with water works and drains not to be made without permission. omitted by s. 96, ibid. w.e.f. .

section 254.. of the delhi municipal corporation act : power of owner of premises to place pipes and drains through land belonging to other persons. omitted by s. 96, ibid. w.e.f. .

section 253.. of the delhi municipal corporation act : rights of user of property for aqueducts, lines, etc. omitted by s. 96, ibid. w.e.f. .

section 262.. of the delhi municipal corporation act : final settlement of accounts. omitted by s. 96, ibid. w.e.f. .

section 255.. of the delhi municipal corporation act : power to require railway level, etc., to be raised or lowered. omitted by s. 96, ibid. w.e.f. .

section 261.. of the delhi municipal corporation act : provincial collecting rate. omitted by s. 96, ibid. w.e.f. .

section 256.. of the delhi municipal corporation act : power of commissioner to execute work after giving notice to the person liable. omitted by the delhi municipal corporation amendment act, 67 of , s. 96 w.e.f. .

section 263.. of the delhi municipal corporation act : supply of meters. omitted by s. 96, ibid. w.e.f. .

section 264.. of the delhi municipal corporation act : testing of meters. omitted by s. 96, ibid. w.e.f. .

section 265.. of the delhi municipal corporation act : disposal of sewage of new delhi. omitted by s. 96, ibid. w.e.f. .

section 260.. of the delhi municipal corporation act : new delhi municipal committee and the military engineer services to pay actual cost of supply of water. omitted by s. 96, ibid. w.e.f. .

section 259.. of the delhi municipal corporation act : bulk supply of water to the new delhi municipal committee and the military engineer services, delhi cantonment. omitted by s. 96, ibid. w.e.f. .

section 266.. of the delhi municipal corporation act : new delhi municipal committee to pay cost of disposal of sewage. omitted by s. 96, ibid. w.e.f. .

section 258.. of the delhi municipal corporation act : power of commissioner to examine and test drains, etc., believed to be defective. omitted by s. 96, ibid. w.e.f. .

section 257.. of the delhi municipal corporation act : power of commissioner to affix shafts, etc., for ventilation of drain or cesspool. omitted by s. 96, ibid. w.e.f. .

section 267.. of the delhi municipal corporation act : manner of payment by the new delhi municipal committee of proportion of cost of disposal of sewage. omitted by s. 96, ibid. w.e.f. .

section 268.. of the delhi municipal corporation act : disputes as to liability for payments to or by the corporation. omitted by s. 96, ibid. w.e.f. 1 .

section 273.. of the delhi municipal corporation act : prohibition of certain acts. omitted by s. 96, ibid. w.e.f. .

section 269.. of the delhi municipal corporation act : summary recovery of sums due from the new delhi municipal committee or the military engineer services. omitted by s. 96, ibid. w.e.f. .

section 271.. of the delhi municipal corporation act : employment of government agencies for repairs, etc. omitted by s. 96, ibid. w.e.f. .

section 270.. of the delhi municipal corporation act : corporation not to give up certain works, etc., without permission of the central government. omitted by s. 96, ibid. w.e.f. .

section 272.. of the delhi municipal corporation act : work to be done by licensed plumber. omitted by s. 96, ibid. w.e.f. .

section 277.. of the delhi municipal corporation act : corporation to have powers and obligations of licensee under act 9 of . omitted by s. 96, ibid. w.e.f. .

section 274.. of the delhi municipal corporation act : definitions. omitted by the delhi municipal corporation amendment act, 67 of , s. 96 w.e.f. .

section 276.. of the delhi municipal corporation act : additional functions in relation to electricity supply. omitted by s. 96, ibid. w.e.f. .

section 278.. of the delhi municipal corporation act : power to construct or acquire new undertakings, etc. omitted by the delhi municipal corporation amendment act, 67 of , s. 96 w.e.f. .

section 275.. of the delhi municipal corporation act : functions in relation to electricity supply. omitted by s. 96, ibid. w.e.f. .

section 279.. of the delhi municipal corporation act : power of carrying out, renewing and repairing works. omitted by s. 96, ibid. w.e.f. .

section 280.. of the delhi municipal corporation act : restriction on building and other acts interfering with the works of undertaking. omitted by s. 96, ibid. w.e.f. .

section 281.. of the delhi municipal corporation act : power of corporation to make arrangements with licensees. omitted by s. 96, ibid. w.e.f. .

section 282.. of the delhi municipal corporation act : restriction on establishment of new generating stations or major additions to or replacement of plant in generating stations. omitted by s. 96, ibid. w.e.f. .

section 287.. of the delhi municipal corporation act : definitions. omitted by the delhi road transport laws amendment act 71 of , s. 7b and the second schedule w.e.f .

section 286.. of the delhi municipal corporation act : dissolution of the delhi state electricity board. omitted by s. 96, ibid. w.e.f. .

section 283.. of the delhi municipal corporation act : charges for supply of electricity. omitted by s. 96, ibid. w.e.f. .

section 284.. of the delhi municipal corporation act : bulk supply of electricity to the new delhi municipal committee and military engineer services, delhi cantonment. omitted by s. 96, ibid. w.e.f. .

section 285.. of the delhi municipal corporation act : payment of actual cost of supply of electricity. omitted by s. 96, ibid. w.e.f. .

section 288.. of the delhi municipal corporation act : functions in relation to transport services. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 289.. of the delhi municipal corporation act : powers in relation to transport services. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 290.. of the delhi municipal corporation act : preparation to schemes. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 296.. of the delhi municipal corporation act : power of central government to exempt vehicles of the corporation from payment of certain charges. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 291.. of the delhi municipal corporation act : sanction of schemes. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 292.. of the delhi municipal corporation act : extension of operation of the road transport services of the corporation to areas within another state. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 293.. of the delhi municipal corporation act : power to alter or extend the schemes. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 297.. of the delhi municipal corporation act : maintenance and repairs of portion of streets where tramway is laid. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 294.. of the delhi municipal corporation act : the undertaking to be run on business principles. omitted by s. 7b and the second schedule, ibid. w.e.f .

section 299. of the delhi municipal corporation act : 1the commissioner shall, from time to time, cause all public streets vested in 12the corporation to be levelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of footpassengers: provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees, shall be undertaken by the commissioner except with the previous sanction of 12the corporation. 2 with the previous sanction of 12the corporation the commissioner may permanently close the whole or any part of a public street: provided that before according such sanction 12the corporation shall by notice publish in the manner specified by byelaws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice. 1. subs. by s. 2, ibid., for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 295.. of the delhi municipal corporation act : application of the provisions of the motor vehicles act, , or any rules made thereunder to vehicles and employees of the undertaking. omitted by s. 7b and the second schedule, ibid. w.e.f 3 .

section 298. of the delhi municipal corporation act : 1 11 all streets within the jurisdiction of 23the corporation constituted under subsection 1 of section 3 of the this act which are or at any time become public streets, and the pavements, stones and other materials thereof shall vest in such corporation: provided that no public street which immediately before the commencement of the delhi municipal corporation amendment act, vested in the union, shall, unless the 4government with the consent of the concerned corporation so directs, vest in such corporation by virtue of this subsection. 2 all public streets vesting in 23the corporation shall be under the control of the commissioner and shall be maintained controlled and regulated by him in accordance with the byelaws made in this behalf. 5 3 notwithstanding anything contained in subsections 1 and 2, the 4government may, by notification, direct that all or any of the functions of 23the corporation or the commissioner, in respect of public streets under this act shall be performed by such authority as may be specified therein. 1. subs. by delhi act 12 of , s. 16, for subsection 1 w.e.f. . 2. subs. by s. 2, ibid., for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 5. ins. by act 67 of , s. 97 w.e.f. .

section 304. of the delhi municipal corporation act : subject to the provisions contained in chapter x, the commissioner may a acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and any building standing upon such land b acquire in relation to any such land or building, all such land with buildings, if any, thereon as 12 the corporation may think expedient to acquire outside of the regular line, or of the intended regular line, of such street c acquire any land for the purpose of laying out or making a public parking place. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 305. defining the regular line of streets of the delhi municipal corporation act : 1 the commissioner may define a line on one or both sides of any public street in accordance with the byelaws made in this behalf and may, with the previous sanction of 12the corporation, redefine at any time any such regular line : provided that, before according sanction 12the corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice: provided further that the regular line of any public street operative under any law in force in any part of delhi immediately before the commencement of this act shall be deemed to be a line defined by the commissioner under this subsection. 2 the line for the time being defined or redefined shall be called the regular line of street. 3 no person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the commissioner: provided that if within sixty days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the commissioner fails to take steps to acquire the land within the regular line of the street in accordance with section 308, then, that person may, subject to any other provisions of this act and the byelaws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof. 4 when the commissioner grants permission for the construction or reconstruction of any building or any boundary wall or other structure within the regular line of a street, he may require the owner of the building to execute an agreement binding himself and his successorsininterest not to claim compensation in the event of the commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission and to pay the expenses of such removal if, in default, such removal is carried out by the commissioner and may for that purpose require such owner to deposit in the municipal fund such sum as may be determined by him. 5 the commissioner shall maintain a a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which the commissioner may deem necessary b a register of all agreements executed under subsection 4 and of all deposits made thereunder. 6 all such registers shall be open to inspection by any person on payment of such fee as may be prescribed by the commissioner with the sanction of the standing committee. 7 any agreement entered into in pursuance of subsection 4 shall be in writing, shall be registered under the indian registration act, 16 of , and shall be deemed to be an agreement in respect of the land to which it relates and any condition contained in such agreement shall be deemed to be an obligation annexed to the ownership of the said land and enforceable against the successorsininterest of the owner of such land. 1. subs. by delhi act 12 of , s. 2, the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 300. of the delhi municipal corporation act : whenever any public street or a part thereof is permanently closed under subsection 2 of section 299 the site of such street or of the portion thereof may be disposed of as land vesting in 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 303. power to prohibit use of public streets for certain kind of traffic of the delhi municipal corporation act : 1 the commissioner may a prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality b prohibit in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwiledy objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the commissioner generally or specially in each case c prohibit access to premises from any particular public street carrying high speed vehicular traffic : provided that the commissioner shall not take action without the sanction of 12the corporation in cases under clause a and without the sanction of the standing committee in cases under clause c. 2 notices of such prohibition as are imposed under subsection 1 shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 306. of the delhi municipal corporation act : 1 if any part of a building abutting on a public street is within the regular line of that street, the commissioner may, whenever it is proposed a to repair, rebuild or construct such building or to take down such building to an extent exceeding onehalf thereof above the ground level, such half to be measured in cubic feet or b to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street, by any order which he issues concerning the additions to, rebuilding, construction, repair or alterations of, such building, require such building to be set back to the regular line of the street. 2 when any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the commissioner or otherwise, taken down, the commissioner may forthwith take possession on behalf of 12the corporation of the portion of the land within the regular line of the street therefore occupied by the said building and, if necessary, clear the same. 3 land acquired under this section shall be deemed to be a part of the public street and shall vest in 12the corporation . 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 302. of the delhi municipal corporation act : the commissioner shall, from time to time, with the sanction of the standing committee, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.

section 301. of the delhi municipal corporation act : the commissioner may at any time with the previous sanction of 12the corporation: a lay out and make new public streets b construct bridges and subways c turn or divert any existing public street and d lay down and determine the position and direction of a street or streets in any part of 34delhi notwithstanding that no proposal for the erection of any building in the vicinity has been received. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 4. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. .

section 307. of the delhi municipal corporation act : 1 where any building or any part thereof is within the regular line of a public street and in the opinion of the commissioner it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the commissioner on behalf of 12the corporation. 2 if such owner fails to show cause as required by subsection 1 the commissioner may, with the approval of the standing committee, require the owner by another notice to be served on him in accordance with the provisions of this act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice. 3 if within such period the owner of the building fails to pull down the building or part thereof as required by the commissioner, the commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner and recoverable from him as an arrear of tax under this act. 4 the commissioner shall at once take possession on behalf of 12the corporation of the portion of the land within the regular line of the street occupied by the said building or part thereof and such land shall thereupon be deemed to be a part of the public street and shall vest in 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 314. of the delhi municipal corporation act : 1 if any person laysout or makes any street referred to in section 313, without or otherwise than in conformity with the orders of the standing committee, the commissioner may, whether or not the offender be prosecuted under this act, by notice: a require the offender to show cause by a written statement signed by him and sent to the commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the commissioner or if such alteration be impracticable, why such street should not be demolished or b require the offender to appear before the commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid. 2 if any person on whom such notice is served fails to show cause to the satisfaction of the commissioner why such street should not be so altered or demolished, the commissioner may pass an order directing the alteration or demolition of such street.

section 308., within the regular line of street. of the delhi municipal corporation act : if any land, whether open or enclosed, not vesting in 12the corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street the commissioner may, after giving to the owner of the land or building not less than seven clear days notice of his intention so to do, take possession on behalf of 12the corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in 12the corporation: provided that where the land or building is vested in the union or a state the commissioner shall not take posession thereof without the previous sanction of the central 3government. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2 central government w.e.f. .

section 309. of the delhi municipal corporation act : 1 where a land or building is partly within the regular line of a public street and the commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in 12the corporation . 2 such surplus land may thereafter be utilised for the purpose of setting forward a building under section 310. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 310. of the delhi municipal corporation act : the commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the standing committee, by notice required any building to be so set forward in the case of reconstruction thereof or of a new construction. explanation:for the purpose of this section a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the commissioner is erected along the said line.

section 311. of the delhi municipal corporation act : 1 compensation shall be paid by the commissioner to the owner of any building or land acquired for a public street under the provisions of sections 306, 307 and 308 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the commissioner: provided that: a any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation b if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the commissioner may recover from him half the amount of such excess as a betterment charge. 2 if in consequence of any order to set forward a building made by the commissioner, the owner of such building sustains any loss or damage, compensation shall be paid to him by the commissioner for such loss or damage after taking into account any increase in value likely to accrue from the setting forward. 3 if the additional land which will be included in the premises of any person required or permitted under subsection 2 to set forward a building belongs to 12 the corporation, the order or permission of the commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land and the price to be paid to 12the corporation by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission. 4 if, when the commissioner requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to 12the corporation or with any of the terms or conditions of conveyance, the commissioner shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the court or the district judge of delhi whose decision thereon shall be final. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 312. of the delhi municipal corporation act : if the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

section 313. of the delhi municipal corporation act : 1 before utilising, selling or otherwise dealing with any land under section 312, the owner thereof shall send to the commissioner a written application with a layout plan of the land showing the following particulars, namely: a the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used b the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any other public purpose c the intended level, direction and width of street or streets d the regular line of street or streets e the arrangements to be made for leveling, paving, metalling, flagging, channelling, severing, draining, conserving and lighting street or streets. 2 the provisions of this act and the byelaws made thereunder as to width of the public streets and the height of buildings abutting thereon, shall apply in the case of streets referred to in subsection 1 and all the particulars referred to in that subsection shall be subject to the sanction of the standing committee. 3 within sixty days after the receipt of any application under subsection 1 the standing committee shall either accord sanction to the layout plan on such conditions as it may think fit or disallow it or ask for further information with respect to it. 4 such sanction shall be refused: a if the particulars shown in the layout plan would conflict with any arrangements which have been made or which are in the opinion of the standing committee likely to be made for carrying out any general scheme of development of delhi whether contained in the master plan or a zonal development plan prepared for delhi or not or b if the said layout plan does not conform to the provisions of this act and byelaws made thereunder or c if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. 5 no person shall utilise, sell or otherwise deal with any land or layout or make any new street without or otherwise than in conformity with the orders of the standing committee and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to layout or make the street until orders have been passed upon receipt of such information: provided that the passing of such orders shall not be in any case delayed for more than sixty days after the standing committee has received the information which it considers necessary to enable it to deal with the said application. 6 the layout plan referred to earlier in this section shall, if so required by the standing committee, be prepared by a licensed town planner.

section 322. of the delhi municipal corporation act : the commissioner may, without notice, cause to be removed a any stall, chair, bench, box, ladder, bale or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this act b any article whatsoever hawked or exposed for sale on any public street or in other public place in contravention of this act and vehicle, package, box or any other thing in or on which such article is placed.

section 315. of the delhi municipal corporation act : 1 if any private street or part thereof is not levelled, paved, metalled, flagged, channelled, severed, drained, conserved or lighted to the satisfaction of the commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in such notice. 2 if such work is not carried out within the time specified in the notice, the commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in subsection 1 in such proportion as may be determined by the commissioner and shall be recoverable from them as an arrear of tax under this act.

section 317. of the delhi municipal corporation act : 1 except as provided in section 318, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will a overhang, jut or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along, any street, or b jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. 2 the commissioner may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to, or placed against, or in front of, the said premises in contravention of this section. 3 if the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice.

section 321., of things in streets. of the delhi municipal corporation act : 1 no person shall, except with the permission of the commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. 2 nothing in subsection 1 applies to building materials.

section 316. of the delhi municipal corporation act : if any street has been levelled, paved, metalled, flagged, channelled, severed, drained, conserved and lighted under the provisions of section 315, the commissioner may, and on the requisition of a majority of the owners referred to in subsection 1 of that section shall, declare such a street to be a public street and thereupon the street shall vest in 12the corporation. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 323. of the delhi municipal corporation act : 1 no person shall tether any animal or cause or permit the same to be tethered in any public street. 2 no person shall milk or cause or permit to be milked any cow or buffalo in any street. 3 any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the commissioner or any municipal officer or employee and be impounded and dealt with under the provisions of the cattletrespass act, 1 of .

section 318. of the delhi municipal corporation act : 1 the commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building abutting on any street a to erect an arcade over such street or any portion thereof or b to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof: provided that no permission shall be given by the commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by 12the corporation. 2 the commissioner may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 319., not to open outwards on streets. of the delhi municipal corporation act : the commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar, or window opens outwards upon a street or upon any land required for the improvement of a street in such manner, as in the opinion of the commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.

section 320. of the delhi municipal corporation act : 1 no person shall, except with the permission of the commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy any portion of such street, channel, drain, well or tank. 2 nothing in this section shall apply to any erection or thing to which clause c subsection 1 of section 325 applies.

section 324. of the delhi municipal corporation act : 1 the commissioner shall, so far as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in 12the corporation a cause the same to be fenced and guarded b take proper precautions against accident by shoring up and protecting the adjoining buildings c cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. 2 the commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. 3 the commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. 4 no person shall, without the permission of the commissioner or other lawful authority, remove any bar, chain, post or shoring, timber, or remove or extinguish any light set up under this section. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 325. of the delhi municipal corporation act : 1 no person other than the commissioner or a municipal officer or other municipal employee shall, without the written permission of the commissioner a open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street or b deposit any building materials in any street or c set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. 2 any permission granted under clause b or clause c of subsection 1 shall be terminable at the discretion of the commissioner on his giving not less than twentyfour hours notice of such termination to the person to whom such permission was granted. 3 the commissioner may, without notice, cause to be removed any of the things referred to in clause b or clause c of subsection 1 which has been deposited or set up in any street without the permission specified in that subsection, on which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under subsection 2: provided that nothing in this subsection shall apply to cases under clause b or clause c of subsection 1 in which an application for permission has been made with such fee as may be prescribed by the commissioner in this behalf but not reply has been sent to the applicant within seven days from the date of the application.

section 326. of the delhi municipal corporation act : 1 any of the things caused to be removed by the commissioner under this chapter shall, unless the owner thereof turns up to take back such thing and pays to the commissioner the charges for the removal and storage of such thing, be disposed of by the commissioner by public auction or in such other manner and within such time as the commissioner thinks fit. 2 the charges for removal and storage of the thing sold under subsection 1 shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the thing sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the municipal fund.

section 327. of the delhi municipal corporation act : 1 the commissioner may a with the sanction of 12the corporation, determine the name or number by which any street or public place vested in 12the corporation shall be known b cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such street or on some convenient part of such street the name or number by which it is to be known c cause to be put up or painted on boards of suitable size the name of any public place vested in the corporation d determine the number or subnumber by which any premises or part of such premises shall be known and cause such number or subnumber to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. 2 no person shall destroy, remove, deface or in any way injure or alter any such name or number or subnumber or put up or paint any name or number or subnumber different from that put up or painted by order of the commissioner. 1. subs. by delhi act 12 of , s. 2 the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 328. of the delhi municipal corporation act : 1 if any place is, in the opinion of the commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other step as shall appear to the commissioner necessary in order to prevent the danger or inconvenience arising therefrom. 2 the commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom and any expense incurred by the commissioner in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this act.

section 333. of the delhi municipal corporation act : 1 every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the commissioner in such form and containing such information as may be prescribed by byelaws made in this behalf. 2 every such notice shall be accompanied by such documents and plans as may be so prescribed.

section 329. of the delhi municipal corporation act : the commissioner shall a take measures for lighting in a suitable manner all such public streets and public places as may be specified by the standing committee b procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose c cause such lamps to be lighted by means of oil, electricity or such other light as the standing committee may determine.

section 330., of lamps. of the delhi municipal corporation act : 1 no person shall, without lawful authority, take away or wilfully or negligently break or throw down or damage a any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place b any electric wire for lighting such lamp c any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. 2 no person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place. 3 if any person wilfully or through negligence or accident breaks, or causes any damage to, any of the things described in subsection 1, he shall in addition to any penalty to which he may be subjected under this act, pay the expenses of repairing the damage so done by him.

section 330a., of the central government. of the delhi municipal corporation act : 1330a. general superintendence, etc., of the 23central government.notwithstanding anything contained in any other provision of this act, the commissioner shall exercise his powers and discharge his functions under this chapter, under the general superintendence, direction and control of the 23central government. 1. ins. by act 67 of , s. 98 w.e.f . 2. subs. by delhi act 12 of , s. 2 central government w.e.f. . 3. subs. by act 10 of , s. 2, for government w.e.f. .

section 335. of the delhi municipal corporation act : 1 a person giving the notice required by section 333 shall specify the purpose for which it is intended to use the building to which such notice relates and a person giving the notice required by section 334 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work. 2 no notice shall be valid until the information required under subsection 1 and any further information and plans which may be required by byelaws made in this behalf have been furnished to the satisfaction of the commissioner along with the notice.

section 331. of the delhi municipal corporation act : in this chapter, unless the context otherwise requires, the expression to erect a building means a to erect a new building on any site whether previously built upon or not b toreerect. i any building of which more than onehalf of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed, or ii any building of which more than onehalf of the superficial area of the external walls above the level of the plinth has been pulled down, or iii any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down c to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose d to convert into more than one dwelling house a building originally constructed as one dwelling house only e to convert into a place of religious worship or into a sacred building any place or building not originally constructed for such purpose f to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space g to convert two or more tenements in a building into a greater or lesser number h to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change i to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this act or in any byelaws made thereunder or in any other law, into a building which had it been originally erected in its converted form, would have been subject to such building regulations j to convert into or use as dwelling house any building which has been discontinued as or appropriated for any purpose other than a dwelling house.

section 332. of the delhi municipal corporation act : no person shall erect or commence to erect any building, or execute any of the works specified in section 334 except with the previous sanction of the commissioner, not otherwise than in accordance with the provisions of this chapter and of the byelaws made under this act in relation to the erection of buildings or execution of works.

section 334. of the delhi municipal corporation act : 1 every person who intends to execute any of the following works, that is to say a to make any addition to a building b to make any alteration or repairs to a building involving the removal or reerection of any external or partly wall thereof or of any wall which supports the roof thereof to an extent exceeding onehalf of such wall above the plinth level, such half to be measured in superficial feet c to make any alteration or repairs to a frame building involving the removal or reerection of more than onehalf of the posts in any such wall thereof as aforesaid or involving the removal or reerection of any such wall thereof as aforesaid to an extent exceeding onehalf of such wall above plinth level, such half to be measured in superficial feet d to make any alteration in a building involving i the subdivision of any room in such building so as to convert the same into two or more separate rooms, or ii the conversion of any passage or space in such building into a room or rooms e to repair, remove, construct, reconstruct or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street f to close permanently any door or window in an external wall g to remove or reconstruct the principal staircase or to alter its position shall apply for sanction by giving notice in writing of his intention to the commissioner in such form and containing such information as may be prescribed by byelaws made in this behalf. 2 every such notice shall be accompanied by such documents and plans as may be so prescribed.

section 336. of the delhi municipal corporation act : 1 the commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of subsection 2 of this section or the provisions of section 340. 2 the grounds on which the sanction of a building or work may be refused shall be the following, namely: a that the building or work or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any byelaw made in this behalf or of any other law or rule, byelaw or order made under such other law b that the notice for sanction does not contain the particulars or is not prepared in the manner required under the byelaws made in this behalf c that any information or documents required by the commissioner under this act or any byelaws made thereunder has or have not been duly furnished d that in cases falling under section 312, layout plans have not been sanctioned in accordance with section 313 e that the building or work would be an encroachment on government land or land vested in the corporation f that the site of the building or work does not about on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site. 3 the commissioner shall communicate the sanction to the person who has given the notice and where he refuses sanction on any of the grounds specified in subsection 2 or under section 340 he shall record a brief statement of his reasons for such refusal and communicate the refusal along with the reasons therefor to the person who has given the notice. 4 the sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the byelaws made in this behalf.

section 341. of the delhi municipal corporation act : the commissioner, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the commissioner on application made therefor has allowed an extension of that period.

section 338. sanction accorded under misrepresentation of the delhi municipal corporation act : if at any time after the sanction of any building or work has been accorded, the commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information further under sections 333, 334 and 335, he may be order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction: provided that before making any such order the commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.

section 337. of the delhi municipal corporation act : 1 where within a period of sixty days, or in cases falling under clause b of section 331 within a period of thirty days, after the receipts of any notice under section 333 or section 334 or of the further information, if any, required under section 335 the commissioner does not refuse to sanction the building or work or upon refusal, does not communicate the refusal to the person who has given the notice, the commissioner shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same: provided that if it appears to the commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the commissioner may withhold sanction of the building or work for such period not exceeding three months as he deems fit and the period of sixty days or as the case may be, the period of thirty days specified in this subsection shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld. 2 where a building or work is sanctioned or is deemed to have been sanctioned by the commissioner under subsection 1, the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this act or any other law or of any byelaw made thereunder. 3 if the person or anyone lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 333 or, as the case may, be under section 334 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice. 4 before commencing the erection of a building or execution of a work within the period specified in subsection 3, the person concerned shall give notice to the commissioner of the proposed date of the commencement of the erection of the building or the execution of the work: provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf.

section 339. of the delhi municipal corporation act : the commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.

section 340. of the delhi municipal corporation act : 1 the erection of any building on either side of a new street may be refused by the commissioner unless and until such new street has been levelled, and wherever in the opinion of the commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction. 2 the erection of any such building or the execution of any such work may be refused by the commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this act or any other law for the time being in force.

section 343. of the delhi municipal corporation act : 1343. order of demolition and stoppage of buildings and works in certain cases and appeal.1 where the erection of any building or execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the sanction referred to in section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this act or byelaws made thereunder, the commissioner may, in addition to any other action that may be taken under this act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed, within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person, as may be, specified in the order of demolition: provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the commissioner may think fit, a reasonable opportunity of showing cause why such order shall not be made: provided further that where the erection or work has not been completed, the commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which any appeal against the order of demolition, if made, may be preferred under subsection 2. 2 any person aggrieved by an order of the commissioner made under subsection 1 may prefer an appeal against the order to 2 the appellate tribunal within the period specified in the order for the demolition of the erection or work to which it relates. 3 where an appeal is preferred under subsection 2 against an order of demolition, 3 the appellate tribunal may, subject to the provisions of subsection 3 of section 347c, stay the enforcement of that order on such terms, if any, and for such period, as it may think fit: provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by 4 the appellate tribunal, unless security, sufficient in the opinion of the said tribunal, has been given by the appellant for not proceeding, with such erection or work pending the disposal of the appeal. 4 5 no court shall entertain any suit, application or other proceeding for injunction or other relief against the commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section. 5 6 subject to an order made by the administrator on appeal under section 347d, every order made by the appellate tribunal on appeal under this section, and subject to the orders of the administrator and the appellate tribunal on appeal the order of demolition made by the commissioner shall be final and conclusive. 6 where no appeal has been preferred against an order of demolition made by the commissioner under subsection 1 or where an order of demolition made by the commissioner under that subsection 7 has been confirmed on appeal, whether with or without variation, by the appellate tribunal in a case where no appeal has been preferred against the order of the appellate tribunal, and by the administrator in a case where an appeal has been preferred against the order of the appellate tribunal the person against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by 8 the appellate tribunal or the administrator on appeal and on the failure of the person to comply with the order within such period, the commissioner may himself cause the erection or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this act. 1. subs. by act 42 of , s. 16, for section 343 w.e.f. . 2. subs. by act 42 of , s. 3, for the court of the district judge of delhi w.e.f. . 3. subs. by s. 3, ibid., for the court of the district judge may w.e.f. . 4. subs. by act 42 of , s. 3, for the court of the district judge unless security, sufficient in the opinion of the court w.e.f. . 5. subs. by s. 3, ibid., for save as provided in this section, no court w.e.f. . 6. subs. by s. 3, ibid., for certain words w.e.f. . 7. subs. by s. 3, ibid., for has been confirmed on appeal, whether with or without variation w.e.f. . 8. subs. by s. 3, ibid., for the court of the district judge w.e.f. .

section 342., without permission. of the delhi municipal corporation act : in such areas as may be specified by byelaws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed or cloth, grass leaves, mats or other inflammable materials except with the written permission of the commissioner, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with fresh permission obtained in this behalf.

section 344. of the delhi municipal corporation act : 1 where the erection of any building or execution of any work has been commenced or is being carried on but has not been completed without or contrary to the sanction referred to in section 336 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this act or byelaws made thereunder, the commissioner may in addition to any other action that may be taken under this act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. 2 1 if an order made by the commissioner under section 343 or under subsection 1 of this section directing any person to stop the erection of any building or execution of any work is not complied with, the commissioner may require any police officer to remove such person and all his assistants and workmen from the premises 2 or to seize any construction material, tool, machinery, scaffolding or other things used in the erection of any building or execution of any work within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. 2 2a any of the things caused to be seized by the commissioner under subsection 2 shall be disposed of by him in the manner specified in section 326. 3 after the requisition under subsection 2 has been complied with, the commissioner may, if he thinks fit, depute by a written order a police officer or a municipal officer or other municipal employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. 4 where a police officer or a municipal officer or other municipal employee has been deputed under subsection 3 to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under subsection 1 was given and shall be recoverable from such person as an arrear of tax under this act. 1. subs. by act 42 of , s. 17, for if such order is not complied with forthwith w.e.f. . 2. ins. by act 42 of , s. 4 w.e.f. .

section 347. of the delhi municipal corporation act : no person shall, without the written permission of the commissioner, or otherwise than in conformity with the conditions, if any, of such permission a use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this act and of the byelaws made thereunder b change or allow the change of the use of any land or building c convert or allow the conversion of one kind of tenement into another kind.

section 345. of the delhi municipal corporation act : 1 the commissioner may at any time during the erection of any building or execution of any work or at any time 1 after the completion thereof, by a written notice of not less than seven days, specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 336 or is in contravention of any condition of such sanction or any of the provisions of this act or any byelaws made thereunder and require the person who give the notice under section 333 or section 334 or the owner of such building or work either a to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or b to show cause why such alterations should not be made, within a period stated in the notice. 2 if the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice. 3 if the person or the owner shows cause as aforesaid, the commissioner shall by an order either cancel the notice issued under subsection 1 or confirm the same subject to such modifications as he thinks fit. 1. subs. by act 42 of , s. 5, for within three months after the completion thereof, by a written notice w.e.f. .

section 345a. of the delhi municipal corporation act : 1345a. power to seal unauthorised constructions.1 it shall be lawful for the commissioner, at any time, before or after making an order of demolition under section 343 or of the stoppage of the erection of any building or execution of any work under section 343 or under section 344, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has been completed in the manner prescribed by rules, for the purpose of carrying out the provisions of this act, or for preventing any dispute as to the nature and extent of such erection or work. 2 where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the commissioner may, for the purpose of demolishing such erection or work in accordance with the provisions of this act, order such seal to be removed. 3 no person shall remove such seal except a under an order made by the commissioner under subsection 2 or b under an order of an appellate tribunal or the administrator, made in an appeal under this act. 1. ins. by act 42 of , s. 6 w.e.f. .

section 347b. of the delhi municipal corporation act : 1347b. appeals against certain orders or notices issued under the act. 1 any person aggrieved by any of the following orders made or notices issued under this act, may prefer an appeal against such order or notice to the appellate tribunal, namely: a an order according or disallowing sanction to a layout plan under section 313 b an order directing the alteration or demolition of any street under section 314 c a notice under subsection 1 of section 315 d a notice under subsection 2 of section 317 e an order directing the disposal of things removed under chapter xv or seized under section 344, or an order rejecting the claim of any person for the balance of the proceeds of sale of the things so disposed of f an order sanctioning or refusing to sanction the erection of any building or the execution of any work under section 336 g an order with holding sanction under the proviso to subsection 1 of section 337 h an order cancelling a sanction under section 338 i an order requiring the rounding off, splaying or cutting off the height of a building intended to be erected, or for the acquisition of any portion of a site, under section 339 j an order disallowing the erection of any building or the execution of any work under section 340 k an order requiring the stoppage of any erection or work under section 344 l an order requiring the alteration of any building or work under section 345 m an order directing the sealing of unauthorised constructions under section 345a n an order refusing to grant permission under subsection 2 of section 346 o an order granting or refusing permission under section 347 p any such other order or notice relating to or arising out of planned development under the provisions of this act as may be prescribed by rules. 2 an appeal under this section shall be filed within thirty days from the date of the order or notice appealed against: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 3 an appeal to the appellate tribunal shall be made in such form and shall be accompanied by a copy of the order or notice appealed against and by such fees as may be prescribed by rules. 1. ins. by act 42 of , s. 7 w.e.f.

section 347c. of the delhi municipal corporation act : 1347c. procedure of the appellate tribunal. 1 the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the appellate tribunal may specify. 2 the appellate tribunal shall send a copy of every order passed by it to the parties to the appeal. 3 no appellate tribunal shall, in any appeal pending before it in respect of any order or notice under this act, make an interim order whether by way of injunction or stay against the corporation or against any officer or servant of 23the corporation acting or purporting to act in his official capacity, unless an opportunity is given to 23the corporation or its officer or servant to be heard in the matter: provided that the appellate tribunal may without giving an opportunity as aforesaid make an interim order as an exceptional measure if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filing the appeal which cannot be adequately compensated in money: provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that period, the appellate tribunal confirms or modifies that order after giving to 23the corporation or its officer or servant an opportunity of being heard. 4 subject to rules that may be made by the 4government in this behalf, the awarding of damages in and the costs of, and incidental to, any appeal before an appellate tribunal, shall be in its discretion and it shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purposes aforesaid. 5 an order of the appellate tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made. 6 in hearing and deciding an appeal or in the execution of an order, an appellate tribunal shall follow such procedure as may be prescribed by rules. 7 every appellate tribunal, shall, in addition to the powers conferred on it under this act, have the same powers as are vested in a civil court while trying a suit under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of persons and examining them on oath b requiring the discovery and inspection of documents c receiving evidence on affidavits d requisitioning any public record or copies thereof from any court or office e issuing commisisons for the examination of witnesses or documents and f any other matter which may be prescribed by rules, and every proceeding of an appellate tribunal in hearing or deciding an appeal or in connection with the execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the indian penal code 45 of , and every appellate tribunal shall be deemed to a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 1. ins. by act 42 of , s. 7 w.e.f. . 2. subs. by delhi act 12 of , s. 2 the corporationw.e.f. .br 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .br 4. subs. by delhi act 12 of , s. 2, for central government w.e.f. .br

section 346. of the delhi municipal corporation act : 1 every person who employs a licensed architect or engineer or a person approved by the commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by byelaws made in this behalf and shall give to the commissioner all necessary facilities for the inspection of such building or work. 2 no person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the commissioner in this behalf in accordance with byelaws made under this act: provided that if the commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.

section 347a. of the delhi municipal corporation act : 1347a. appellate tribunal.1 the central government shall, by notification in the official gazette, constitute one or more appellate tribunals with headquarters at delhi, for deciding appeals preferred under section 343 or section 347b. 2 an appellate tribunal shall consist of one person to be appointed by the central government on such terms and conditions of service as may be prescribed by rules. 3 a person shall not be qualified for appointment as the presiding officer of an appellate tribunal unless he is, or has been, a district judge or an additional district judge or has, for at least ten years, held a judicial office in india. 4 the 2government may, if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, the matters involved in such appeals, to act as assessors to advise the appellate tribunal in the proceedings before it, but no advice of the assessors shall be binding on the appellate tribunal. 5 the 2government shall, by notification in the official gazette, define the territorial limits within which an appellate tribunal shall exercise its jurisdiction, and where different appellate tribunals have jurisdiction over the same territorial limits, the central government shall also provide for the distribution and allocation of work to be performed by such tribunals. 6 for the purpose of enabling it to discharge its functions under this act, every appellate tribunal shall have a registrar and such other staff on such terms and conditions of service as may be prescribed by rules: provided that the registrar and staff may be employed jointly for all or any number of such tribunals in accordance with the rules. 1. ins. by act 42 of , s. 7 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 352. of the delhi municipal corporation act : 1 the commissioner shall a provide or appoint in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter b provide dustbins for the temporary deposit of rubbish c provide vehicles or other suitable means for the removal of rubbish and offensive matter and d provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter. 2 different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the matter specified in subsection 1. 3 the commissioner shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred to in subsection 1 from becoming sources of nuisance.

section 347d. of the delhi municipal corporation act : 1347d. appeal against orders of appellate tribunal. 1 an appeal shall lie to the administrator against an order of the appellate tribunal, made in an appeal under section 343 or section 347b, confirming, modifying or annulling an order made or notice issued under this act. 2 the provisions of subsections 2 and 3 of section 347b and section 347c and the rules made thereunder, shall, so far as may be, apply to the filing and disposal of an appeal under this section as they apply to the filing and disposal of an appeal under those sections. 3 an order of the administrator on an appeal under this section, and subject only to such order, an order of the appellate tribunal under section 347b, and subject to such orders of the administrator or an appellate tribunal, an order or notice referred to in subsection 1 of that section, shall be final. 1. ins. by act 42 of , s. 7 w.e.f.

section 351., to be the property of the corporation. of the delhi municipal corporation act : all matters deposited in public receptacles, depots and places provided or appointed under section 352 and all matters collected by municipal employees or contractors in pursuance of section 350 and section 355 shall be the property of 12the corporation. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 347e. bar of jurisdiction of courts of the delhi municipal corporation act : 1347e. bar of jurisdiction of courts. 1 after the commencement of section 7 of the delhi municipal corporation amendment act, 42 of , no court shall entertain any suit, application or other proceedings in respect of any order or notice appealable under section 343 or section 347b and no such order or notice shall be called in question otherwise than by preferring an appeal under those sections. 2 notwithstanding anything contained in subsection 1, every suit, application or other proceeding pending in any court immediately before the commencement of section 7 of the delhi municipal corporation amendment act, 42 of , in respect of any order or notice appealable under section 343 or section 347b, shall continue to be dealt with and disposed of by that court as if the said section had not been brought into force. 1. ins. by act 42 of , s. 7 w.e.f.

section 350. of the delhi municipal corporation act : 1 for the purpose of securing the efficient scavenging and cleansing of all streets and premises, the commissioner shall provide a for the daily surfacecleansing of all streets and the removal of the sweepings therefrom, and b for the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter. 2 the commissioner may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in subsection 1 may be removed along a street or may be deposited or otherwise disposed of.

section 348. of the delhi municipal corporation act : 1 if it appears to the commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom. 2 the commissioner may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish, secure or repair the building, to set up a proper and sufficient hoard or fence for the protection of passersby and other persons, with a convenient platform and handrail wherever practicable to serve as a footway for passengers outside of such hoard or fence. 3 if it appears to the commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger. 4 if the owner or occupier of the building does not comply with the order within the period specified therein, the commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom. 5 all expenses incurred by the commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrear of tax under this act.

section 354. of the delhi municipal corporation act : it shall be the duty of the owner and occupier of every premises situate in any portion of delhi 1 in which there is not a latrine, or urinal connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 352 at such times, in such vehicle or vessel by such route and with such precautions as the commissioner may by public notice prescribe. 1. the words, brackets, letters and figures in respect of which the commissioner has not given public notice under clause b of subsection 2 of section 115 or omitted by act 67 of , s. 100 w.e.f. .

section 349. of the delhi municipal corporation act : 1 the commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 346 be vacated forthwith or within such period as may be specified in the order: provided that at the time of making such order the commissioner shall record a brief statement of the reasons therefor. 2 if any person fails to vacate the building in pursuance of such order the commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. 3 the commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according as the circumstances prevailing at that time permit.

section 357. of the delhi municipal corporation act : 1 no owner or occupier of any premises shall keep or allow to be kept for more than twentyfour hours or otherwise than in a receptacle approved by the commissioner, any rubbish, filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the commissioner, or fail to comply with any requisition of the commissioner as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises. 2 no owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matter. 3 no person shall, after due provision has been made in this respect under the foregoing provisions of this chapter for the deposit and removal of the same a deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground alongside any street or on the bank of a water course or b deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same or c deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter.

section 349a. of the delhi municipal corporation act : show related subordinates 1349a. power of central government to make byelaws.1 the 2government may, by notification in the official gazette, make byelaws for carrying out the provisions of this chapter: provided that all byelaws made by 34the corporation under paragraph f of subsection 1 of section 481 of this act as it stood immediately before the commencement of the delhi municipal corporationamendment act, and in force immediately before such commencement, shall be deemed to have been made under the provisions of this section and shall continue to have the same force and effect after such commencement until it is amended, varied, rescinded or superseded under the provisions of this section. 2 in particular and without prejudice to the generality of the foregoing power, such byelaws may provide for all or any of the following matters, namely: a the regulation or restriction of the use of sites for buildings for different areas b the regulation or restriction of buildings in different areas c the form of notice of erection of any building or execution of any work and the fee in respect of the same d the plans and documents to be submitted together with such notice and the information and further information to be furnished e the level and width of foundation, level of lowest floor and stability of structure f the construction of buildings and the materials to be used in the construction of buildings g the height of buildings whether absolute or relative to the width of streets or to different area h the number and height of storeys composing a building and the height of rooms and the dimensions of room intended for human habitation i the provision of open spaces, external and internal, and adequate means of light and ventilation j the provision of means of egress in case of fire, fireescapes and water lifting devices k the provision of secondary means of access for the removal of house refuse l the materials and methods of construction of external and party walls, roofs and floors m the position, materials and methods of construction of hearths, smokeescapes, chimneys, staircases, latrines, drains and cesspools n the provision of lifts o the paving of yards p the restriction on the use of inflammable materials in buildings q the restriction on construction of foundation on certain sites r the measures to be taken to protect buildings from damp arising from subsoil s the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings t in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water u the supervision of buildings v the setting back of garages and shops from the regular line of a street w the construction of portable structures and permission for such construction. 3 the draft of the byelaws referred to in subsection 1 shall be forwarded to the commissioner, who shall cause the same to be published in the official gazette for inviting objections and suggestions from the public within thirty days from the date of such publication. 4 the commissioner shall forward the draft byelaws to the central government along with his recommendations and the objections and suggestions received from the public, within three months of their publication in the official gazette. 5 the central government may issue such directions to the commissioner as it thinks fit, for ensuring proper implementation of the byelaws made under this section. 1. ins. by act 67 of , s. 99 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 358. of the delhi municipal corporation act : if any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the commissioner may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this act.

section 360. of the delhi municipal corporation act : 1 it shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the commissioner and in accordance with such terms not inconsistent with the provisions of this act or any byelaws made thereunder as he may prescribe. 2 in prescribing any such terms the commissioner may determine in each case a whether the premises shall be served by the service system or by the flush system or partly by the one and partly by the other and b what shall be the site or position of each latrine or urinal. 3 if any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the commissioner may, after giving not less than ten days notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinal and the expenditure incurred by the commissioner in so doing shall be recoverable from the owner or occupier as an arrear of tax under this act.

section 353. of the delhi municipal corporation act : it shall be the duty of the owners and occupiers of all premises a to have the premises swept and cleaned b to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and to be deposited at such times as the commissioner, by public notices prescribes, in public receptacles, depots or places provided or appointed under section 352 for the temporary deposit or final disposal thereof c to provide receptacles of the type and in the manner prescribed by the commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.

section 355. of the delhi municipal corporation act : 1 1 it shall be lawful for the commissioner to take or cause to be taken measures for the daily collection, removal and disposal of all filth and polluted and obnoxious matter from latrines, urinals and cesspools not connected by a drain with a municipal drain from all premises situate in any portion of 23delhi. 2 in such portion of 23delhi and in any premises wherever situate in which there is a latrine, or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the commissioner, for any person who is not employed by or on behalf of the commissioner, to discharge any of the duties of scavengers. 1. subs. by act 67 of , s. 101, for subsection 1 w.e.f. . 2. subs. by delhi act 13 of , s. 2, for delhi w.e.f. . 3. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. .

section 362. of the delhi municipal corporation act : every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.

section 356., accumulated on premises used as factories, workshops, etc. of the delhi municipal corporation act : the commissioner may, if he thinks fit a by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such times and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 352, or b after giving such owner or occupier notice of his intention, cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed, and charge the said owner or occupier for such removal such fee as may, with the sanction of the standing committee, be specified in the notice issued under clause a.

section 359. of the delhi municipal corporation act : 1 the commissioner shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals. 2 such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.

section 365. of the delhi municipal corporation act : 1 where it appears to the commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected to by the municipal health officer and the municipal engineer who shall make a report in writing to him regarding the sanitary condition of the block. 2 if upon receipt of such report the commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the standing committee select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice: provided that before issuing the notice reasonable opportunity should be afforded to the owners to show cause why the building should not be removed: provided further that the commissioner shall make compensation to the owners for any buildings so removed which may have been erected under proper authority. 3 if a notice under subsection 2 requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this act.

section 366. of the delhi municipal corporation act : 1 where the commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation. 2 in addition to serving a notice under this section on the owner the commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. 3 in determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.

section 361., in new buildings. of the delhi municipal corporation act : 1 it shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the commissioner may prescribe. 2 in prescribing any such accommodation the commissioner may determine in each case a whether such building shall be served by the service system or by the flush system or partly by the one and partly by the other b what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number of each floor and their clear internal dimensions. 3 it shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises. 4 in this section the expression to erect a building has the same meaning as in section 331.

section 364. of the delhi municipal corporation act : the commissioner may, by written notice a require the owner or other person having the control of any private latrine or urinal not to put the same to public use or b require the owner or other person having the control of such private latrine or urinal which in the opinion of the commissioner constitutes a nuisance, to remove the latrine or the urinal or c require any person having the control whether as owner, lessee or occupier of any land or building i to have any latrines provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood or ii to cleans in such manner as the commissioner may prescribe in the notice any latrine or urinal belonging to the land or building or d where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as he may prescribe, if necessary by causing any part of such premises to be vacated and demolished in accordance with byelaws made in this behalf.

section 363. of the delhi municipal corporation act : the commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines of such description and number and in such position as may be specified and to keep the same in clean and proper order.

section 367. of the delhi municipal corporation act : if a notice under section 366 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this act.

section 368. of the delhi municipal corporation act : 1 where the commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building, and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as maybe specified in the notice as to why an order of demolition of the building should not be made. 2 if any of the person upon whom a notice has been served under subsection 1, appears in pursuance thereof before the commissioner and gives an undertaking to him that such person shall, within a period specified by the commissioner, execute such works of improvement in relation to the building as will, in the opinion of the commissioner, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the commissioner on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the commissioner shall not make an order of demolition of the building. 3 if no such undertaking as is mentioned in subsection 2 is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period. 4 where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein, shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the commissioner shall demolish the building and sell the materials thereof. 5 any expenses incurred by the commissioner under subsection 4 if not satisfied out of the proceeds of the sale of materials of the building shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this act. 6 in determining for the purposes of section 366 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say, a repair b stability c freedom from damp d natural light and air e water supply f drainage and sanitary conveniences g facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter and the building shall be deemed to be unfit as aforesaid if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. 7 for the purposes of section 366, section 367 and this section, work of improvement in relation to a building includes any one or more of the following works, namely: a necessary repairs b structural alterations c provision of light points and water taps d construction of drains, open or covered e provision of latrines and urinals f provision of additional or improved fixtures and fittings g opening up or paving of courtyard h removal of rubbish, filth and other polluted and obnoxious matter i any other work including the demolition of any building or any part thereof which, in the opinion of the commissioner, is necessary for executing any of the works specified above. 8 the provisions of section 365, section 366, section 367 and this section shall not apply in relation to any building in any area which has been declared to be a slum area under the slum area improvement and clearance act, 96 of .

section 369. of the delhi municipal corporation act : where the commissioner upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts of sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut of shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the commissioner may deem necessary within such time as may be specified in the notice.

section 375. of the delhi municipal corporation act : 1 the commissioner shall a provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection b cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix. 2 the commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing. 3 the commissioner may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.

section 371. of the delhi municipal corporation act : any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the municipal health officer.

section 370. of the delhi municipal corporation act : 1 the commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose. 2 when any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer, at any place other than a place appointed under subsection 1.

section 372. of the delhi municipal corporation act : 1 when any person suffering from any dangerous disease is found to be a without proper lodging or accommodation, or b living in a room or house which the neither owns or pays rent for nor occupies as the guest or relative of any person who owns, or pays rent for it, or c living in a sarai, hotel, boarding house or other public hotel, or d lodged in premises occupied by members of two or more families, the commissioner or any person authorised by him in this behalf, may on the advice of any medical officer of the rank not inferior to that of an assistant surgeon remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may anything necessary for such removal. 2 12the corporation shall if required by the 3government erect an infectious diseases hospital of such type and dimension as that government may direct. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 373. of the delhi municipal corporation act : where the commissioner is of opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part which are likely to retain infection, or the renewal of flooring of any building or part of such building, and the renewal of plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice: provided that where in the opinion of the commissioner the owner or occupier is from poverty or any other cause unable effectually, to carry out any such requisition, the commissioner may at the expense of the municipal fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if necessary, the plastering also.

section 374. of the delhi municipal corporation act : 1 where the destruction of any hut or shed is in the opinion of the commissioner necessary to prevent the spread of any dangerous disease, the commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice. 2 where the commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours notice to the owner or occupier. 3 compensation may be paid by the commissioner, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section.

section 383. of the delhi municipal corporation act : when delhi or any part thereof is visited or threatened by an outbreak of any dangerous disease the commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animal so specified.

section 376. of the delhi municipal corporation act : 1 in the event of delhi or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the commissioner, if he thinks that the other provisions of this act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of 12the corporation, a take such special measures, and b by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease: provided that where in the opinion of the commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to 12the corporation. 2 no person shall commit a breach of any direction given under subsection 1 and if he does so he shall be deemed to have committed an offence under section 188 of the indian penal code 45 of . 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 377. of the delhi municipal corporation act : 1 a person shall not send or take to any washerman or to any laundry or place set a part for the exercise by washermen of their calling, for the purpose of being washed or to anyplace for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the municipal health officer. 2 the occupier of any building in which a person is suffering from a dangerous disease shall, if required by the municipal health officer, furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease, for the purpose of being washed or cleaned.

section 382., or washing of clothes by infected persons. of the delhi municipal corporation act : no person while suffering from or in circumstances in which he is likely to spread, any dangerous disease, shall a make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear, or b take any part in the business of the washing or carrying of clothes.

section 378. of the delhi municipal corporation act : 1 whoever a uses a public conveyance while suffering from a dangerous disease, or b uses a public conveyance for the carriage of a person who is suffering from any disease, or c uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use of the owner, driver or person incharge of the conveyance, and further report without delay to the commissioner the number of the conveyance and the name of the person so notified. 2 where any person suffering from, or the corpse of any person who has died from, a dangerous disease has been carried in public conveyance which ordinarily plies in delhi or any part thereof, the driver thereof shall forthwith report the fact to the commissioner who shall forthwith cause the conveyance to be disinfected if that has not already been done. 3 no such conveyance shall be again brought into use until the municipal health officer has granted a certificate stating that it can be used without causing risk of infection. 4 whoever fails to make to the commissioner any report which he is required to make under this section shall be guilty of an offence.

section 379. of the delhi municipal corporation act : notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of delhi any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

section 385. of the delhi municipal corporation act : no person shall, a knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place b having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid c place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly d throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.

section 381. of the delhi municipal corporation act : no person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into delhi or any part thereof.

section 380. of the delhi municipal corporation act : 1 where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so, disinfect the same in such manner as the commissioner may by general or special notice direct together with all articles therein liable to retain infection. 2 for the purposes of this section the keeper of a hostel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

section 384. of the delhi municipal corporation act : 1 if the commissioner is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may a by public notice, prohibit the removal or use of such water for drinking or b by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water or c take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. 2 in the event of delhi or any part thereof being visited or threatened by an outbreak of a dangerous disease the municipal health officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

section 393. of the delhi municipal corporation act : 1 whenever any animal in charge of any person dies, the person in charge thereof shall within twentyfour hours either a convey the carcass to a place provided or appointed under section 352 for the final disposal of the carcasses of dead animals, or b give notice of the death to the commissioner whereupon he shall cause the carcass to be disposed of. 2 in respect of the disposal of the carcass of a dead animal under clause b of subsection 1 the commissioner may charge such fee as he may by public notice prescribe.

section 386. of the delhi municipal corporation act : where any person has died from any dangerous disease the commissioner may, by notice in writing a require any person having charge of the corpse to convey the same to a mortuary thereafter to be disposed of in accordance with law, or b prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, buried or for being conveyed to a mortuary.

section 387. of the delhi municipal corporation act : 1 no person being a sweeper employed by 12the corporation shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one months notice to the commissioner or shall neglect or without reasonable cause refuse to perform his duties. 2 34the corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by 12the corporation whose functions are intimately concerned with public health or safety. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 388.. of the delhi municipal corporation act : 388. conditions of service of sweepers employed for doing house scavenging. omitted by the delhi municipal corporation amendment act, 10 of , s. 9 w.e.f. .

section 389. of the delhi municipal corporation act : the commissioner may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management, or position of such ground.

section 392. of the delhi municipal corporation act : the commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground.

section 390. of the delhi municipal corporation act : 1 no place which has not been used as a burning or burial ground before the commencement of this act shall be so used without the permission in writing of the commissioner. 2 such permission may be granted subject to any conditions which the commissioner may think fit to impose for the purpose of preventing any annoyance to, or danger to the health of, any persons residing in the neighbourhood.

section 396. of the delhi municipal corporation act : 1 it shall be the duty of the father or mother of every child born in delhi and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge of the child, to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by byelaws made in this behalf. 2 it shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in delhi and in default of such relation, of any person present or in attendance at the time of the death, and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his knowledge and belief to the registrar of the area within which the death took place information containing such particulars as may be prescribed by byelaws made in this behalf. 3 if a birth or death occurs in the hospital, none of the persons mentioned in subsection 1 or, as the case may be, in subsection 2 shall be bound to give information required by that subsection, but it shall be the duty of the medical officer in charge of the hospital within twentyfour hours after the birth or death, to send to the municipal health officer a notice containing such particulars as may be prescribed by byelaws made in this behalf.

section 391. of the delhi municipal corporation act : 1 where the commissioner, after making or causing to be made local enquiry is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may, with the previous sanction of the standing committee, by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice. 2 no corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.

section 394. of the delhi municipal corporation act : 1 the municipal health officer shall be the chief registrar of births and deaths for 12delhi and shall keep in such form as may be prescribed by byelaws a register of all births and deaths occurring in 12delhi. 2 the commissioner shall for the purposes of this chapter appoint such number of persons to be registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such registrars. 1. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 2. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. .

section 398. of the delhi municipal corporation act : where the commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons, to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.

section 400. of the delhi municipal corporation act : the commissioner may, by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.

section 402. discharging fireworks, firearms, etc of the delhi municipal corporation act : no one shall discharge any firearm or let of fireworks or firebaloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.

section 395. of the delhi municipal corporation act : the registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by byelaws made in this behalf.

section 397. of the delhi municipal corporation act : 1 no person shall a in any public street or public place i ease himself or 1 iv carry meat exposed to public view or v picket animals, or collect carts or vi being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fail, or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place or vii without proper authority affix, upon any building monument, post, wall, fence, tree or other thing, any bill, notice or other document or viii without proper authority deface or write upon or otherwise mark any building, monument, port, wall, fence, tree or other thing or ix without proper authority remove, destroy, deface or write upon or otherwise obliterate any notice or other document put up or exhibited under this act or the rules or byelaws made thereunder or x without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm waterdrain, flags or other materials of any such street, or any lamp bracket, directionpost, hydrant or waterpipe maintained by 23the corporation in any such street or place, or extinguish a public light or xi carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the commissioner, or fail to close such cart or receptacle when in use or b carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the commissioner by public notice or c deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the management of 23the corporation or d make any grave or burn or bury any corpse at any place not set apart for such purpose or e at any time or place at which the same has been prohibited by the commissioner by public or special notice, beat a drum or tomtom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music or f disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker or g let loose any animal so as to cause, or negligently allow any animal to cause, injury, danger, alarm or annoyance to any person or h save with the written permission of the commissioner and in such manner as he may authorise, store or use nightsoil, cow dung, manure, rubbish or any other substance emitting an offensive smell or i use or permit to be used as a latrine any place not intended for that purpose. 2 every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place. 3 the owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper. 4 any animal found straying as aforesaid may be removed by an officer or employee of the corporation or by any police officer to a pound. 5 4 swine found straying in a public street or public place shall be liable to be destroyed by any officer or other employee of 23the corporation appointed in this behalf. 1. omitted by act 52 of , s. 3 and the second schedule w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f.. 4. subs. by act 58 of , s. 3 and the second schedule, for swines w.e.f. .

section 401. of the delhi municipal corporation act : no person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire: provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.

section 399. of the delhi municipal corporation act : 1 12the corporation may, by byelaws made in this behalf, a require the registration, by the registration authority appointed by the commissioner in this behalf of all dogs kept within delhi b require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof c require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose and d fixed the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week. 2 the commissioner may a cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies b by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly. 3 no damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section. 4 no one, being the owner or person in charge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which a he knows that the dog is likely to annoy or intimidate any person, or b the commissioner has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads. 5 no one shall a allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled, or b set on or urge any dog or other animal to attack, worry or intimidate any person, or c knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, fail or neglect to give immediate information of the fact to the commissioner or give information which is false. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 405. of the delhi municipal corporation act : 1 the commissioner, when authorised by12the corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in any such markets, buildings and places machines, weights, scales and measures for the weighment or measurement of goods sold therein. 2 municipal markets and slaughter houses shall be under the control of the commissioner who may, at any time, by public notice, close any municipal market or slaughter house or any part thereof. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 408. of the delhi municipal corporation act : 1 the commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this act and any byelaws made thereunder, as he thinks fit to impose. 2 when the commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal. 3 the commissioner may, with the previous approval of the standing committee and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence. 4 a private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

section 409. of the delhi municipal corporation act : 1 no person shall keep open for public use any market in respect of which a licence is required by or under this act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled. 2 when a licence to open a private market is granted or refused or is suspended or cancelled the commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.

section 403., to be rendered safe. of the delhi municipal corporation act : where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is in the opinion of the commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the commissioner may by notice in writing require the owner or partowner or person claiming to be the owner or partowner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.

section 411. of the delhi municipal corporation act : 1 no animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the commissioner. 2 any person contravening the provisions of subsection 1 and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the commissioner or any officer or employee of 12the corporation appointed by him in this behalf. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. .. 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 404. of the delhi municipal corporation act : the commissioner may, by notice in writing, require the owner or partowner, or person claiming to be the owner or partowner of any land or building, or the lessee or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.

section 406. of the delhi municipal corporation act : 1 no persons shall, without the general or special permission in writing of the commissioner, sell or expose for sale any animal or article in any municipal market. 2 any person contravening the provisions of subsection 1, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the commissioner or any officer or employee of 12the corporation authorised by the commissioner in this behalf. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 413., to be published of the delhi municipal corporation act : a copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughter house, and of the byelaws made under this act for the purpose of regulating the use of such market or slaughter house printed in such language or languages as the commissioner may direct, shall be affixed in same conspicuous place in the market or slaughter house.

section 407. of the delhi municipal corporation act : 1 no place other than a municipal market shall be used as a market unless such place has been licensed as a market by the commissioner. 2 no place other than a municipal slaughter house shall be used as a slaughter house: provided that nothing in this subsection shall be deemed a to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions noncompliance with which shall be punishable under this act as the commissioner may, by public or special notice, impose in this behalf, or b to prevent the commissioner, with the sanction of 12the corporation, from setting apart places for the slaughter of animals in accordance with religious custom. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 410. of the delhi municipal corporation act : no person knowing that any market has been opened to the public without a licence having been obtained therefor when such licence is required by or under this act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

section 416., not to be established without permission of the commissioner. of the delhi municipal corporation act : 1 no person shall, without the previous permission in writing of the commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. 2 the commissioner may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.

section 417. of the delhi municipal corporation act : 1 no person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the commissioner in this behalf, namely: a any of the purposes specified in part i of the eleventh schedule b any purpose which is, in the opinion of the commissioner dangerous to life, health or property or likely to create a nuisance c keeping horses, cattle or other quardruped animals or birds for transportation, sale or hire or for sale of the produce thereof or d storing any of the articles specified in part ii of the eleventh schedule except for domestic use of any those articles: provided that 12the corporation may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by byelaws in respect of any such articles shall be exempted from the operation of clause d. 2 in prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the commissioner may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes. 3 34the corporation shall fix a scale of fees to be paid in respect of premises licensed under subsection 1: 5. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f.. 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f.. 5. proviso omitted by act 7 of , s. 5 w.e.f. .

section 412. of the delhi municipal corporation act : the commissioner, with the previous approval of the standing committee, may a charge such stallages, rents or fees as may from time to time be fixed by him in this behalf i for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house ii for the right to expose articles for sale in a municipal market iii for the use of machines, weights, scales and measures provided for in any municipal market and iv for the right to slaughter animals in any municipal slaughter house, and for the feed of such animals before they are ready for slaughter or b farm the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he may think fit or c put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit.

section 420. of the delhi municipal corporation act : no person shall, without or otherwise than in conformity with the terms of a licence granted by the commissioner in this behalf, a hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not b use in any place his skill in any handicraft or for rendering services to and for the convenience of the public for the purposes of gain or making a living.

section 414. from markets. of the delhi municipal corporation act : the person in charge of a market shall prevent the entry therein of, and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any articles exposed for sale therein and he may expel therefrom any person whom is creating a disturbance therein.

section 415. of the delhi municipal corporation act : 1 no person shall without or otherwise than in conformity with a licence from the commissioner carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food: provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in airtight or hermetically sealed receptacles. 2 the commissioner may by order and subject to such conditions as to supervision and inspection as he thinks fit to impose grant a licence or may by order refuse for reasons to be recorded, to grant the same. 3 every such licence shall expire at the end of the year for which it is granted or at such earlier date as the commissioner may, for special reasons, specify in the licence. 4 if any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the commissioner may stop the use thereof by such means as he may consider necessary.

section 418. of the delhi municipal corporation act : 1 if any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provisions of section 417, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the corporation, the commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the government or the corporation for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds: provided that anyone claiming such animal or bird may, within seven days of the seizure get them released on his paying all expenses incurred by the commissioner in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 417. 2 whenever the commissioner is of opinion that the user of any premises for any of the purposes referred to in subsection 1 of section 417 is causing a nuisance and such nuisance should be immediately stopped, the commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the commissioner may himself or by an officer subordinate to him cause such user to be stopped. 3 without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this act.

section 419. of the delhi municipal corporation act : 1 the commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in subsection 1 of section 417, which may be specified in such notice. 2 no objections to any such declarations shall be received after a period of one month from the publication of the notice. 3 the commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under subsection 1, with such modifications, if any, as he may think fit but not so as to extend its application. 4 every such declaration shall be published in the official gazette and in such other manner as the commissioner may determine, and shall take effect from the date of its publication in the official gazette. 5 no person shall, in any area specified in any declaration published under subsection 4, use any premises for any of the purposes referred to in section 417 specified in the declaration and the commissioner shall have the power to stop the use of any such premises by such means as he considers necessary.

section 421., not to be used without licence from the commissioner. of the delhi municipal corporation act : 1 no person shall, without or otherwise than in conformity with the terms of a licence granted by the commissioner in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale. 2 the commissioner may at any time cancel or suspend any licence granted under subsection 1 if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any byelaw made in this behalf whether the licensee is prosecuted under this act or not.

section 428. of the delhi municipal corporation act : the commissioner while framing an improvement scheme under this chapter for any area may also frame a scheme hereafter in this act referred to as the rehousing scheme for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

section 422. of the delhi municipal corporation act : no person shall, without or otherwise than in confirmity with the terms of a licence granted by the commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: provided that nothing in this section shall apply to private performances in any such place.

section 423. of the delhi municipal corporation act : if the commissioner is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.

section 424., is suspected. of the delhi municipal corporation act : 1 if the commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this act, he may, at any time by day or night without notice, inspect such place for the purpose of satisfying himself as to whether any provision of this act or of any byelaw under this act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein. 2 the commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under subsection 1. 3 if within one month of such seizure the owner of the animal, carcass or flesh face to appear and prove his claim to the satisfaction of the commissioner or if the owner is convicted of an offence under this act in respect of such animal, carcass or flesh, the proceeds of any sale under subsection 1 shall vest in 12the corporation. 4 any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this act may be arrested by any police officer without a warrant. 5 no claim shall lie against any person for compensation for any damage necessarily caused by any such entry or by the use of any force necessary for affecting such entry. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f..

section 425. of the delhi municipal corporation act : where the commissioner upon information in his possession is satisfied as respects any area a that the buildings in that area are by reason or disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation of proper conveniences, dangerous or injurious to the health of the inhabitants of the area and b that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the byelaws made in this behalf.

section 426. of the delhi municipal corporation act : 1 an improvement scheme may provide for all or any of the following matters, namely: a the acquisition by agreement or under the land acquisition act, 1 of , of any property necessary for or affected by the execution of the scheme b the relaying out of any land comprised in the scheme c the redistribution of sites belonging to owners of property comprised in the scheme d the closure or demolition of buildings or portions of buildings unfit for human habitation e the demotion of obstructive buildings or portions thereof f the construction and reconstruction of buildings g the construction and alteration of streets h the water supply, street lighting, drainage and other conveniences i the provision of open spaces for the benefit of any area comprised in the scheme j the sanitary arrangements required for the area comprised in the scheme k the provision of accommodation for any class of the inhabitants l the provision of facilities for communication m the sale, letting or exchange of any property comprised in the scheme n any other matter for which, in the opinion of the commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates. 2 where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the 1government under subsection 2 of section 427, the land is not acquired by the commissioner, the owner of the land may serve on the commissioner a notice requiring his interest in the land to be so acquired. 3 if the commissioner fails to acquire the land with a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the commissioner or were not required to be kept as an open space. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 427. of the delhi municipal corporation act : 1 every improvement scheme shall, as soon as may be after it has been framed, be submitted by the commissioner for approval to the corporation and 12the corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the commissioner to have a fresh scheme framed according to such directions. 2 no improvement scheme approved by 12the corporation under subsection 1 shall be valid unless it has been sanctioned by the central government. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 431. of the delhi municipal corporation act : the commissioner, 1 2 or any municipal officer or other municipal employee authorised in this behalf by 3 him or empowered in this behalf, by or under any provision of this act, may enter into or upon any land or building with or without assistants and workmen a for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this act or any byelaw made thereunder b for the purpose of ascertaining whether or not circumstances exist which would authorise or require the commissioner, 1 2 or any municipal officer or employee authorised or empowered in this behalf to take any action or execute any work under this act or any byelaw made thereunder c for the purpose of taking any action or executing any work authorised or required by this act or any byelaw made thereunder d to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this act or necessary for the proper administration of this act e generally for the purpose of efficient discharge of the functions by any of the municipal authorised under this act or any byelaw made thereunder. 1. the words and brackets the general manager electricity omitted by act 67 of , s. 102 w.e.f. . 2. the words and brackets or the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. . 3. subs. by act 67 of , s. 102, for any of the aforesaid municipal authorities w.e.f. .

section 432. of the delhi municipal corporation act : 1 1 the commissioner or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this act, may enter on any land within fifty yards of any work authorised by or under this act, with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same. 2 the person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose. 3 the person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by 23the corporation in accordance with byelaws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent or temporary. 1. subs. by s. 103, ibid., for certain words w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 433. of the delhi municipal corporation act : 1 it shall be lawful for 1 the commissioner or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier a if he considers the opening thereof necessary for the purpose of such entry and b if the owner or occupier is absent or being present refuses to open such door, gate or barrier. 2 before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the commissioner, 2 3 or the person authorised or empowered in this behalf, shall call upon two or more respectable in habitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do. 3 a report shall be made to the standing committee as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section. 1. subs. by s. 104, ibid., for certain words w.e.f. . 2. the words and brackets , the general manager electricity omitted by act 67 of , s. 104 w.e.f. . 3. the words and brackets or the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. .

section 429. of the delhi municipal corporation act : no improvement scheme or rehousing scheme framed under this chapter after a master plan for delhi or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the master plan or the zonal development plan.

section 435. of the delhi municipal corporation act : save as otherwise provided in this act or any byelaw made thereunder, no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twentyfour hours written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for any of the purposes specified in section 417 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this act or any byelaw made thereunder.

section 430., of licences and written permissions. of the delhi municipal corporation act : 1 whenever it is provided in this act or any byelaw made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the commissioner or by the officer empowered to grant the same under this act or the byelaws made thereunder or by any municipal officer authorised by the commissioner or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this act or any provision of any byelaw made thereunder a the date of the grant thereof b the purpose and the period if any for which it is granted c restrictions or conditions, if any, subject to which it is granted d the name and address of the person to whom it is granted and e the fee, if any, paid for the licence or written permission. 2 except as otherwise provided in this act or any byelaw made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the commissioner with the sanction of 12the corporation and such fee shall be payable by the person to whom the licence or written permission is granted. 3 save as otherwise provided in this act or any byelaw made thereunder any licence or written permission granted under this act or any byelaw made thereunder may at any time be suspended or revoked by the commissioner or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this act or any byelaw made thereunder relating to any matter for which the licence or permission has been granted. provided that a before making any order of suspension or revocation reasonable opportunity should be accorded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked b every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. 4 when any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this act or any byelaw made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. 5 every grantee of any licence or written permission granted under this act shall at all reasonable times, while such licence or written permission remains in force, if so required by the commissioner or the authority by whom it was granted, produce such licence or written permission. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 434. of the delhi municipal corporation act : save as otherwise provided in this act or any byelaw made thereunder, no entry authorised by or under this act shall be made except between the hours of sunrise and sunset.

section 436. of the delhi municipal corporation act : when any place used as a human dwelling is entered under this act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

section 441., to fix reasonable time. of the delhi municipal corporation act : where any notice, bill, order or requisition issued or made under this act or any rule, regulation or byelaw made thereunder requires anything to be done for the doing of which no time is fixed in this act or the rule, regulation or byelaw, the notice, bill, order or requisition shall specify a reasonable time for doing the same.

section 437. of the delhi municipal corporation act : no person shall obstract or molest any person authorised or empowered by or under this act or any person with whom 12 the corporation or any of the municipal authorities specified in section 44 has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or inconsequence of any of the provisions of this act or any byelaw made thereunder, or in fulfilment of his contract, as the case may be. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 443., by whom to be served or issued. of the delhi municipal corporation act : all notices, bills, summonses and other documents required by this act or any rule, regulation or byelaw made thereunder to be served upon, or issued to, any person, shall be served or issued by municipal officers or other municipal employees or by other persons authorised by 1 the commissioner. 1. subs. by act 67 of , s. 108, for certain words and brackets w.e.f. .

section 438. of the delhi municipal corporation act : every public notice given under this act or any byelaw made thereunder shall be in writing under the signature of 1 the commissioner or of any municipal officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means and by any other means that the 2 commissioner may think fit. 1. subs. by act 67 of , s. 105, for certain words w.e.f. . 2. subs. by s. 105, ibid., for appropriate municipal authority w.e.f. .

section 439. of the delhi municipal corporation act : whenever it is provided by this act or any byelaw made thereunder that notice shall be given by advertisement in local newspapers, or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least three newspapers in such languages as 12the corporation may from time to time specify in this behalf: provided that if 12the corporation publishers a municipal journal, a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 440., of commissioner, general managers, etc. of the delhi municipal corporation act : whenever under this act or any rule, regulation or byelaw made thereunder, the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the commissioner 1 or of any municipal officer, a written document signed by the commissioner or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof. 1. subs. by act 67 of , s. 106, for certain words and brackets w.e.f. .

section 442., may be stamped of the delhi municipal corporation act : 1 1 every licence, written permission, notice, bill, summons or other document which is required by this act or any rule, regulation or byelaw made thereunder to bear the signature of the commissioner or of any municipal officer, shall be deemed to be properly signed if it bears a fascimile of the signature of the commissioner or officer, as the case may be, stamped thereupon. 2 nothing in subsection 1 shall be deemed to apply to a cheque drawn upon the municipal fund under section 101. 1. subs. by act 67 of , s. 107, for subsection 1 w.e.f. .

section 444. of the delhi municipal corporation act : 1 every notice, bill, summons, order, requisition or other document required or authorised by this act or any rule, regulation or byelaw made thereunder to be served or issued by or on behalf of 12the corporation, or by any of the municipal authorities specified in section 44 or any municipal officer, on any person shall, save as otherwise provided in this act or such rule, regulation or byelaw, be deemed to be duly served a where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of the business and is either i sent by registered post, or ii delivered at the registered office or at the principal office or place of business of the company b where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either i sent by registered post, or ii delivered at the said place of business c where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either i sent by registered post, or ii delivered at that office d in any other case, if the document is addressed to the person to be served and i is given or tendered to him, or ii if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the union territory of delhi, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates, or iii is sent by registered post to that person. 31a the service of notices, summons and other documents referred to in subsection 1 may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the high court or by any other means of transmission of documents including fax message or electronic mail service as may be provided by rules made by the high court. 2 any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed the owner or the occupier, as the case may be, of that land or building naming that land or building without further name or description, and shall be deemed to be duly served a if the document so addressed is sent or delivered in accordance with clause d of subsection 1 or b if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. 3 where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner. 4 for the purpose of enabling any document to be served on the owner of any premises the commissioner may by notice in writing require the occupier of the premises to state the name and address of the owner thereof. 5 where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. 6 nothing in sections 442 and 443 and in this section shall apply to any summons issued under this act by a court. 7 a servant is not a member of the family within the meaning of this section. 1 subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. ins. by act 10 of , s. 10 w.e.f. .

section 452. of the delhi municipal corporation act : 1 if, when the commissioner demands payment of any expenses referred to in section 446, his right to demand the same or the amount of the demand is disputed within ten days after such demand, the commissioner shall 1 refer the case for determination a to the appellate tribunal, if such demand relates to the expenses incurred in taking necessary action or steps for the completion of any act or work required to be done or executed in the event of noncompliance with any notice, order or requisition under sections 317, 325, 343, 344 and 345 b to the court of the district judge of delhi, in any other case. 2 the commissioner shall, pending the decision on any such reference, defer further proceedings for the recovery of the sum claimed by him, and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in the manner referred to in section 446. 1. subs. by act 42 of , s. 8, for refer the case for determination to the court of the district judge of delhi. w.e.f. .

section 445. of the delhi municipal corporation act : notwithstanding anything contained in sections 443 and 444 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 444 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

section 447. of the delhi municipal corporation act : 1 if any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 446: provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 446 as an arrear of tax under this act. 2 any amount recovered from an occupier instead of from an owner under subsection 1, shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

section 451. of the delhi municipal corporation act : 1 any person who has been convicted of an offence against this act or any byelaw made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of 12the corporation resulting from the said offence as the appropriate municipal authority may consider reasonable. 2 in the event of a dispute regarding the amount of compensation payable under subsection 1 such amount shall, on application made to him, be determined by the magistrate before whom the said person was convicted of the said offence and on nonpayment of the amount of compensation so determined the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 453. of the delhi municipal corporation act : 1 where, in any case not provided for by section 452, 12the corporation or any municipal authority or any municipal officer or other municipal employee is required by this act or by any byelaw made thereunder to pay any expenses or any compensation, the amount to be so paid and if necessary, the apportionment of the same, shall, in case of dispute, be determined by the court of the district judge of delhi on application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable. 2 if the amount of any expenses or compensation ascertained in accordance with subsection 1 is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the district judge in an original suit tried by it. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 454. of the delhi municipal corporation act : instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any court of competent jurisdiction.

section 449. of the delhi municipal corporation act : 1 where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee, or of his being as a receiver, agent or trustee the person who would receive the rent if the property were let to a tenant, would under this act or any byelaw made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose. 2 the burden of proving any fact entitling a receiver, agent or trustee to relief under subsection 1 shall lie upon him. 3 where any receiver, agent or trustee has claimed and established his right to relief under this section, the commissioner may, by notice in writing require him, to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use, of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

section 456. of the delhi municipal corporation act : 1 the owner of any land or building may, if he is prevented by the occupier thereof from 1 complying with a the provisions of section 317, section 325, section 343, section 344, section 345 or section 347 or any byelaw made thereunder or with any notice or order issued under any such provision, apply to the appellate tribunal and b any other provision or any byelaw made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the district judge of delhi, and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision, or notice, order or requisition within the time so fixed. 2 2 the appellate tribunal or the court, as the case may be on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier. 3 after eight days from the date of the order referred to in subsection 2, the occupier shall afford all such reasonable facilities to the owner for the purpose, aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal, from any liability which may have been otherwise incurred by reason of his failure to comply with the said provision or notice, order or requisition. 1. subs. by act 42 of , s. 9, for certain words w.e.f. . 2. subs. by act 42 of , s. 9, for the court w.e.f. .

section 446. of the delhi municipal corporation act : in the event of noncompliance with the terms of any notice, order or requisition issued to any power under this act or any rule, regulation or byelaw made thereunder, requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this act.

section 450. of the delhi municipal corporation act : 1450. general power to pay compensation.in any case not otherwise provided for in this act or in any byelaw made thereunder, the commissioner, with the previous approval of the standing committee, may pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this act or any byelaw in the commissioner or in any municipal officer or other municipal employee. 1. subs. by act 67 of , s. 109, for section 450 w.e.f. .

section 448. of the delhi municipal corporation act : whenever the owner of any land or building fails to execute any work which he is required to execute under this act or any byelaw made thereunder, the occupier, if any, of such land or building may, with the approval of the commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

section 457. of the delhi municipal corporation act : the procedure provided in the code of civil procedure, 5 of , in regard to suits shall be followed, as far as it can be made applicable, in the disposal of applications, appeals or references that may be made to the court of the district judge of delhi under this act or any byelaw made thereunder.

section 455. of the delhi municipal corporation act : in any case not expressly provided for in this act or any byelaw made thereunder any sum due to 12the corporation on account of any charge, costs, expenses, fees, rates or rent or any other account under this act or any such byelaw may be recoverable from any person from whom such sum is due as an arrear of tax under this act: provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum becomes due. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 458. of the delhi municipal corporation act : 1 the 1 government may, by notification in the official gazette, prescribe what fee shall be paid a on any application, appeal or reference under this act or any byelaw made thereunder to the court of the district judge of delhi and b for the issue, in connection with any inquiry or proceedings before that court under this act or such byelaw, of any summons or other process: provided that the fee, if any, prescribed under clause a shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the courtfees act, 7 of , in cases in which the amount of the claim or subject matter is of a like amount. 2 the 1 government may, by like notification, determine the person by whom the fee, if any, prescribed under clause a of subsection 1, shall be payable. 3 no application, appeal or reference shall be received by the court of the district judge until the fee, if any, prescribed therefor under clause a of subsection 1 has been paid: provided that the court may, in any case in which it thinks fit so to do, i receive an application, appeal or reference made by or on behalf of a poor person, and ii issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section. 1. the word central omitted by act 67 of , s. 110 w.e.f. .

section 460. of the delhi municipal corporation act : the court of the district judge of delhi may a delegate, either generally or specially, to the court of any additional district judge, power to receive applications, 1 election petitions, appeals and references under this act or any rule, regulation or byelaw made thereunder, and to hear and determine such applications, 1 election petitions, appeals and references b with the approval of the 2 government, make rules not inconsistent with this act or any rule, regulation or byelaw made thereunder, providing for any matter connected with the exercise of jurisdiction conferred upon the court by this act which is not herein specifically provided for. 1. ins. by act 42 of , s. 18 w.e.f. . 2. the word central omitted by act 67 of , s. 111 w.e.f. .

section 465. of the delhi municipal corporation act : whoever, in any case in which a penalty is not expressly provided by this act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this act, shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.

section 459. of the delhi municipal corporation act : whenever any application, appeal or reference made under this act or any byelaw made thereunder to the court of the district judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.

section 461. of the delhi municipal corporation act : 1 1 whoever a contravenes any provision of any of the sections, subsections, clauses, provisos or other provisions of this act mentioned in the first column of the table in the twelfth schedule or b fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, subsections, clauses, provisos or other provisions, shall be punishable i with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf third column of the said table or with both and ii in the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the fourth column of that table for every day during which such contravention or failure continues after conviction for the first such contravention or failure. 2 2 notwithstanding anything contained in subsection 1, whoever contravenes the provisions of subsection 1 of section 317 or subsection 1 of section 320 or subsection 1 of section 321 or subsection 1 of section 325 or section 339, in relation to any street which is a public street, shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both. 1. section 461 renumbered as subsection 1 thereof by act 42 of , s. 10 w.e.f. . 2. ins. by s. 10, ibid. w.e.f. .

section 462., with the corporation. of the delhi municipal corporation act : 1 any councillor or any person referred to in clause b of subsection 3 of section 3 of any committee of 23the corporation who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, 23the corporation not being a share or interest such as under section 9 it is permissible for a councillor to have without being thereby disqualified for being a councillor 4 , and the commissioner, 5 6 or any municipal officer or other municipal employee who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, 23the corporation not being a share or interest such as under clause i of subsection 1 of section 9 or subclauses ii and iii of clause c of subsection 2 of that section it is permissible for a councillor 4 to have, without being thereby disqualified for being a councillor 4 , shall be deemed to have committed the offence made punishable under section 168of the indian penal code 45 of . 1. subs. by act 67 of , s. 112, for certain words w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. the words or an alderman omitted by s. 112, ibid. w.e.f. . 5. the words and brackets the general manager electricity omitted by s. 112, ibid. w.e.f. . 6. the words and brackets the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. .

section 466. of the delhi municipal corporation act : 1 where an offence under this act has been committed by a company, every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1 where an offence under this act has been committed by a company it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanationfor the purposes of this section a company means a body corporate, and includes a firm or other association of individuals and b director in relation to a firm means a partner in the firm,

section 463. of the delhi municipal corporation act : whoever brings within the union territory of delhi any goods liable to terminal tax without the payment of such tax shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both, and the court trying an offence under this section may, on such conviction, also confiscate the goods in respect of which the offence has been committed.

section 464. of the delhi municipal corporation act : where any goods imported into delhi are liable to the payment of terminal tax, any person who, with the intention of evading payment of the tax introduces or attempts to introduce or causes or abets the introduction of any such goods within the union territory of delhi, upon which payment of terminal tax due on such introduction, has neither been made nor tendered, shall be punishable with fine which may extend to ten times the amount of such terminal tax.

section 467. of the delhi municipal corporation act : 1467. prosecutions.save as otherwise provided in this act, no court shall proceed to the trial of any offence, a under subsection 5 of section 313 or section 332 or subsection 1 of section 333 or subsection 1 of section 334 or section 343 or section 344 or section 345 or section 347 except on the complaint of or upon information received from, such officer of 23the corporation, not being below the rank of a deputy commissioner, as may be appointed by the administrator b under subsection 1 of section 317 or subsection 1 of section 320 or subsection 1 of section 321 or subsection 1 of section 325 or section 339, if any such offence was committed in relation to any street which is a public street, except on the complaint of, or upon information received from, such officer of 23the corporation, not being below the rank of a deputy commissioner, as may be appointed by the administrator c other than those specified in clauses a and b, except on the complaint of, or upon information received from, 4 the commissioner, or a person authorised by him by a general or special order in this behalf. 1. subs. by act 42 of , s. 12, for section 467 w.e.f. . 2. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporationw.e.f. . 4. subs. by act 67 of , s. 113, for certain words and brackets w.e.f. .

section 466a. certain offences to be cognizable of the delhi municipal corporation act : 1466a. certain offences to be cognizable.the code of criminal procedure, 2 of , shall apply to, a an offence under subsection 5 of section 313 or section 332 or subsection 1 of section 333 or subsection 1 of section 334 or section 343 or section 344 or section 345 or section 347 b an offence under subsection 1 of section 317 or subsection 1 of section 320 or subsection 1 of section 321 or subsection 1 of section 325 or section 339 in relation to any street which is a public street, as if it were a cognizable offence i for the purposes of investigation of such offence and ii for the purposes of all matters other than 1 matters referred to in section 42 of that code, and 2 arrest of a person, except on the complaint of, or upon information received from, such officer of the corporation, not being below the rank of a deputy commissioner, as may be appointed by the administrator: provided that no offence of the contravention of any condition subject of which sanction was accorded for the erection of any building or the execution of any work shall be cognizable, if such contravention relates to any deviation from any plan of such erection or execution sanctioned by the commissioner which is compoundable on payment of an amount under the byelaws relating to buildings made under this act. 1. ins. by act 42 of , s. 11 w.e.f. .

section 471. of the delhi municipal corporation act : no person shall be liable to punishment for any offence against this act or any rule, regulation or bylaw made thereunder, unless complaint of such offence is made before a municipal magistrate within six months next after a the date of the commission of such offence, or b the date on which the commission or existence of such offence was first brought to the notice of the complainant.

section 468. of the delhi municipal corporation act : 1 1 the commissioner or any person authorised by him by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this act: provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of 23the corporation or of any of the municipal authorities specified in section 44 unless and until the same has been complied with so far as the compliance is possible. 2 where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. 1. subs. by s. 114, ibid., for certain words and brackets w.e.f. . 2. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 474. of the delhi municipal corporation act : 1 any police officer may arrest any person who commits in his view any offence against this act or against any rule, regulation or byelaw made thereunder, if a the name and address of such person be unknown to him, and b such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. 2 no person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest magistrate, for a period longer than twentyfour hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.

section 469. of the delhi municipal corporation act : 1 the 1 government may appoint one or more 2 metropolitan magistrates for the trial of offences against this act and against any rule, regulation or byelaw made thereunder and may prescribe the time and place at which such magistrate or magistrates shall sit for the despatch of business. 2 such magistrates shall be called municipal magistrates and shall besides the trial of offences as aforesaid, exercise all other powers and discharge all other functions of a magistrate as provided in this act or any rule, regulation or byelaw made thereunder. 3 such magistrates and the members of their staff shall be paid such salary, pension, leave and other allowances as may, from time to time, be fixed by the 1 government. 4 34the corporation shall, out of the municipal fund, pay to the 1 government the amounts of the salary, pension, leave and other allowances as fixed under subsection 3 together with all other incidental charges in connection with the establishments of the said magistrates. 5 each such magistrate shall have jurisdiction over the whole of delhi. 6 for the purposes of 5 the code of criminal procedure, 2 of all municipal magistrates appointed under this act shall be deemed to be magistrates appointed under 6 section 16 of the said code. 7 nothing in this section shall be deemed to preclude any magistrate appointed hereunder from trying any offence under any other law. 1. the word central omitted by act 67 of , s. 115, ibid. w.e.f. . 2. subs. by s. 115, ibid., for magistrates of the first class w.e.f. . 3. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. subs. by act 67 of , s. 115, for the code of criminal procedure, w.e.f. . 6. subs. by s. 115, ibid., for section 12 w.e.f. .

section 475. of the delhi municipal corporation act : it shall be the duty of all police officers to give immediate information to the commissioner 1 of the commission of, or the attempt to commit any offence against this act or any rule, regulation or byelaw made thereunder and to assist all municipal officers and other municipal employees in the exercise of their lawful authority. 1. the words or any other appropriate municipal authority omitted by act 67 of , s. 117 w.e.f. .

section 470. of the delhi municipal corporation act : all offences against this act or any rule, regulation or byelaw made thereunder, whether committed within or without the limits of delhi, shall be cognizable by a municipal magistrate and such magistrate shall not be deemed to be incapable of taking cognizance of any such offence or of any offence under any enactment which is repealed by, or which ceases to have effect under, this act by reason only of his being liable to pay any municipal tax or rate or benefited out of the municipal fund.

section 477. of the delhi municipal corporation act : 477. protection of action of 12the corporation, etc.no suit or prosecution shall be entertained in any court against 12the corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, for anything which is in good faith done or intended to be done, under this act or any rule, regulation or byelaw made thereunder. 1. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 472. of the delhi municipal corporation act : if any person summoned to appear before a magistrate to answer a charge of an offence against this act or any rule, regulation or byelaw made thereunder fails to appear at the time and place mentioned in the summons, or on any date to which the hearing of case is adjourned, the magistrate may hear and determine the case in his absence, if a service of the summons is proved to his satisfaction, and b no sufficient cause is shown for the nonappearance of such person.

section 473. of the delhi municipal corporation act : 1 the commissioner, 1 or any municipal officer or other municipal employee authorised by him in this behalf or any person who resides or owns property in delhi, may complain to a municipal magistrate of the existence of any nuisance. 2 upon the receipt of any such complaint the magistrate, after making such inquiry as he thinks necessary, may by written order direct the person responsible for the nuisance or the owner of the land or building on which the nuisance has taken place, to take such measures as to such magistrate may seem practicable and reasonable, and within such period as may be specified in the order, for abating, preventing, removing or remedying such nuisance and may direct 2 the commissioner to put into force any of the provisions of this act or any byelaw made thereunder. 3 the magistrate may further direct the person found responsible for the nuisance to pay to the complainant such reasonable costs of and relating to the said complaint as he shall determine, inclusive of compensation for the complainants loss of time in prosecuting such complaint. 4 where in the opinion of the magistrate immediate action to prevent the nuisance is necessary he may dispense with the inquiry as required by subsection 2 and make such other as he considers necessary forthwith. 5 if the person directed to take action by an order under subsection 2 or subsection 3 fails to do so within the period specified in the order, the commissioner 3 may on the expiry of the said period proceed to take action as directed in the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he considers necessary, and all expenses incurred in that connection shall be recoverable from the person against whom the magistrate has made the order as an arrear of tax under this act. 1. subs. by act 67 of , s. 116, for certain words and brackets w.e.f. . 2. subs. by s. 116, ibid., for any of the appropriate municipal authorities w.e.f. . 3. the words or any other appropriate municipal authority omitted by s. 116, ibid. w.e.f.

section 476., legal proceedings and obtain legal advice. of the delhi municipal corporation act : 1 the commissioner may a take, or withdraw from, proceedings against any person who is charged with i any offence against this act or any rule, regulation or byelaw made thereunder or ii any offence which affects or is likely to affect any property or interest of 12the corporation or the due administration of this act or iii committing any nuisance whatsoever b contest or compromise any appeal against rateable value or assessment of any tax or rate c take, or withdraw from, or compromise, proceedings under sections 451, 452 and 453 for the recovery of expenses or compensation claimed to be due to 12the corporation d withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person e defend any suit or other legal proceeding brought against 12the corporation or against the commissioner or a municipal officer or other municipal employee in respect of anything done or omitted to be done by any one of them in his official capacity f with the approval of the standing committee3 or the wards committee admit or compromise any claim, suit or other legal proceeding brought against 12the corporation or against the commissioner or any municipal officer or other municipal employee in respect of anything done or omitted to be done as aforesaid g withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the commissioner on behalf of 12the corporation h institute and prosecute any suit or other legal proceeding or with the approval of the standing committee3 or the wards committee withdraw from or compromise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of 12the corporation or of the commissioner i obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the corporation or the standing committee 3 or the wards committee to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or other municipal employee. 4 1. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by act 67 of , s. 116, for any of the appropriate municipal authorities w.e.f. . 4. omitted by act 67 of , s. 118 w.e.f. .

section 478. of the delhi municipal corporation act : 1 no suit shall be instituted against 12the corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or byelaw made thereunder until the expiration of two months after notice in writing has been left at the municipal office and, in the case of such officer, employee or person, unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered. 2 no suit, such as is described in subsection 1, shall, unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises. 3 nothing in subsection 1 shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit. 1. subs.by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 482. of the delhi municipal corporation act : 1 any byelaw made under this act may provide that a contravention thereof shall be punishable a with fine which may extend to five hundred rupees or b with fine which may extend to five hundred rupees and in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention or c with fine which may extend to twenty rupees for every day during which the contravention continues, after the receipt of a notice from the commissioner or any municipal officer duly authorised in that behalf, by the person contravening the byelaw requiring such person to discontinue such contravention: provided that a contravention of any byelaw relating to the road transport services may be punishable with imprisonment which may extend to three months, or with fine which may extend to fifteen hundred rupees, or with both. 2 any such byelaw may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention.

section 479. of the delhi municipal corporation act : 1 any rule which the 1government is empowered to make under this act may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. 2 2 3every rule made under clause 8 of section 22 and section 31 4and every notification issued under subsection 2 of section 3a shall be laid as soon as may be after it is made or issued before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, byelaw or notification or both houses agree that the rule, byelaw or notification should not be made or issued, the rule, byelaw or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, byelaw or notification. 53 every rule made under this act, except rules made under section 228 and section 31 of this act, every notification issued under 6 subsection 2 of section 52 and byelaw made by the government under section 349a shall be laid, as soon as may be after it is made or issued, before the legislative assembly of delhi, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the legislative assembly agrees in making any modification in the rule, byelaws or notification or the legislative assembly agrees that the rule, or byelaws or notification should not be made or issued, the rule or byelaws or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or byelaw or notification. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 2. subs. by act 67 of , s. 119, for subsection 2 w.e.f. . 3. subs. by delhi act 12 of , s. 17, for certain words w.e.f. . 4. ins. by act 10 of , s. 11 w.e.f. . 5. ins. by act 67 of , s. 17 w.e.f. . 6. the words, brackets, figures and letter subsection 2 of section 3a and by act 10 of , s. 11 w.e.f. .

section 483. of the delhi municipal corporation act : 1 any power to make byelaws conferred by this act is conferred subject to the conditions of the byelaws being made after previous publication and in the case of such byelaws being made by 12the corporation of their not taking effect until they have been approved by the 3 government and published in the official gazette. 2 the 3 government in approving a byelaw may make any change therein which appears to it to be necessary. 3 the 3 government may, after previous publication of its intention cancel any byelaw which it has approved, and thereupon the byelaw shall cease to have effect. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the word central omitted by act 67 of , s. 121 w.e.f. .

section 480. of the delhi municipal corporation act : show related subordinates 1 any regulation which may be made by 12the corporation under this act, may be made by the 3government within one year of the establishment of 12the corporation and any regulation so made may be altered or rescinded by 12tthe corporation in the exercise of its powers under this act. 2 no regulation made by 12the corporation under this act shall have effect until it has been approved by the 3government and published in the official gazette. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of ,s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 481. of the delhi municipal corporation act : 1 subject to the provisions of this act the corporation may, in addition to any byelaws which it is empowered to make by any other provision of this act, make byelaws to provide for all or any of the following matters, namely: a. byelaws relating to taxation 1 the maintenance of tax books and registers by the commissioner and the particulars which such books and registers should contain 2 the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same 3 the publication of rates of taxes as determined by 12the corporation from time to time 4 the requisition by the commissioner of information and returns from persons liable to pay taxes 5 the notice to be given to the commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this act 6 the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle 7 the submission of returns by persons liable to pay any tax under this act 8 the collection by the registrar or subregistrar of 34delhi appointed under the indian registration act, 16 of , of the additional stamp duty payable to 12the corporation under this act, the periodical payment of such duty to 12the corporation and the maintenance, by such registrar or subregistrar of separate accounts in relation thereto 9 any other matter relating to the levy, assessment, collection, refund or remission of taxes under this act 5 6 e. byelaws relating to streets 1 the closure of streets when any work is in progress and alternative passage during the progress of such work 2 the erections of a temporary nature during festivals 3 the setting up of hoards on buildings adjacent to streets during their construction or repair 4 the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition 5 the permission, regulation or prohibition of use or occupation of any street or place by intinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation 6 any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made 7 g. byelaws relating to sanitation and public health 1 the position of latrines and urinals 2 the provision of air spaces between latrines and buildings or places used for various purposes 3 the whitewashing of buildings 4 the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines 5 the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health 6 the seizure of ownerless animals straying within the limits of 34delhi and the regulation and control of pounds 7 the fixing and regulation of the use of public bathing and washing places 8 the prevention of the spread of dangerous disease 9 the segregation in or the removal or exclusion from any part of 34delhi or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease 10 the supervision, regulation, conservation and protection from injury, contamination or trespass, of sources and means of public water supply and of appliances for the distribution of water 11 the enforcement of compulsory vaccination and inoculation 12 the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the municipal fund h. byelaws relating to vital statistics 1 the prescribing of qualifications of persons to be appointed as registrars under chapter xviii 2 the registration of births, deaths and marriages and the taking of a census i. byelaws relating to public safety and suppression of nuisances the regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which on provision is made elsewhere by this act j. byelaws relating to markets, slaughter houses, trades and occupations 1 the days on, and the hours during which any market or slaughter house may be kept open for use 2 the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof 3 the keeping of markets and slaughter houses and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same 4 the manner in which animals shall be admitted in a slaughter house 5 the manner in which animals may be slaughtered 6 the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passages 7 the setting apart of separate areas for different classes of articles in market buildings and market places 8 the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption 9 the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption 10 the regulation of the entry of animals into slaughter house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter houses 11 the proper custody and care of animals for the keeping of which licences are granted under section 417 12 the regulation of the import of animals and flesh within 34delhi 13 the rendering necessary of licences for the use of premises within 12delhi as stables or cowhouses or as an accommodation for sheep, goat or buffalo, and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked 14 the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, letintenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort 15 the control and supervision of places where dangerous or offensive trades are carried on so to secure cleanlines therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom 16 the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, signboards and signposts 17 the fixation of a method for the sale of articles whether by measure, weight piece or any other method 18 the procedure regarding the grant of permit to establish a factory, workshop or trade premises 19 the regulation of smoke in factories workshops and trade premises 20 the regulation of sanitary conditions in factories, workshops, and trade premises 21 the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren, or horn worked by steam, compressed air, electricity or other mechanical means 22 the prevention of nuisance in any market building, market place, slaughter house or any factory, workshop or trade premises k. byelaws relating to improvement 1 the form and content of an improvement scheme or a rehousing scheme 2 the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes 3 the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned 4 the alteration of an improvement scheme or a rehousing scheme after approval and sanction l. byelaws relating to miscellaneous matters 7 2 the circumstances and the manner in which owners of land or building in 34delhi temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this act or of any byelaws made thereunder, persons residing within or near 34delhi 3 the maintenance of schools and the furtherance of education generally 4 the regulation and control of municipal hospitals and dispensaries 5 the rendering necessary of licences a for the proprietors or drivers of hackneycarriages, cyclerickshaws, thelas and rehries kept or plying for hire or used for hawking articles b for persons working as jobporters for the conveyance of goods 6 the classification of cinema theatres for the purposes of the fourth schedule 7 any other matter which is to be or may be prescribed by byelaws made under this act or in respect of which this act makes no provision or makes insufficient provision and provision is, in the opinion of 12the corporation, necessary for the efficient municipal government of 34delhi. 2 any byelaw which may be made under subsection 1 may be made by the 8government within one year of the establishment of 12the corporation and any byelaw so made may be altered rescinded by 12the corporation in the exercise of its powers under subsection 1. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of ,s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for delhi w.e.f. . 4. subs. by act 10 of , s. 2, for the area of the corporation w.e.f. . 5. omitted by act 67 of , s. 120 w.e.f. . 6. omitted by act 71 of , s. 7b and the second schedule w.e.f. . 7. omitted by act 67 of , s. 120 w.e.f. . 8. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 484a.. of the delhi municipal corporation act : 484a. director of local bodies. omitted by the delhi municipal corporation amendment act, , s. 12 w.e.f. .earlier it was inserted by delhi act 12 of , s. 19.

section 481a. of the delhi municipal corporation act : 1 481a. regulations and byelaws to be laid before parliament.the central government shall cause every regulation made under this act and every byelaw made under section 481 to be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the regulation or byelaw or both houses agree that the regulation or byelaw should not be made, the regulation or byelaw shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation or byelaw. 1. ins. by act 20 of , s. 2 and the schedule w.e.f. .

section 485. of the delhi municipal corporation act : 485. power of central government 1 or the government to require production of documents.the central government 1 or the government may at any time require the commissioner a to produce any record, correspondence, plan or other document in his possession or under his control b to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of 23the corporation or any of the municipal authorities c to furnish or obtain and furnish any report. 1. ins by act 67 of , s. 122 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 484. of the delhi municipal corporation act : show related subordinates 1 a copy of all byelaws made under this act shall be kept at the municipal office and shall, during office hours, be open free of charge to inspection by any inhabitant of delhi. 2 copies of all such byelaws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.

section 488. of the delhi municipal corporation act : if, within the period fixed by a direction made under subsection 1 of section 487, any action the taking of which has been directed under that subsection has not been duly taken, the central government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the municipal fund.

section 490. of the delhi municipal corporation act : 1 490. dissolution of 23the corporation1 if, in the opinion of the central government, 23the corporation persistently makes default in the performance of the duties imposed on it by or under this act or exceeds or abuses its powers, the central government may by an order published, together with a statement of reasons therefor, in the official gazette, dissolve 23the corporation: provided that 23the corporation shall be given a reasonable opportunity of being heard before its dissolution. 2 when 23the corporation is dissolved by an order under subsection 1, a all councillors shall, on the date of the dissolution, vacate their office as such councillors and the persons referred to in clause b of subsection 3 of section 3 shall cease to be represented in 23the corporation b during the period of dissolution of 23the corporation, all powers and duties conferred and imposed upon 23the corporation by or under this act or any other law, shall be exercised and performed by such officer or authority as the central government may appoint in that behalf c all property vested in 23the corporation shall, until it is reconstituted, vest in the 4government. 3 an election to constitute 23the corporation shall be completed before the expiration of a period of six months from the date of its dissolution. 4 an order of dissolution made under this section together with a statement of the reasons therefor shall be laid before each house of parliament and the legislative assembly of the national capital territory of delhi as soon as may be, after it has been made. 1. subs. by act 67 of , s. 124, for section 490 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 486. of the delhi municipal corporation act : the central government 1 or the government may depute any person in the service of government to inspect or examine any municipal department or office or any service or work undertaken by 23the corporation or any of the municipal authorities or any property belonging to 23the corporation and to report thereon and 23the corporation and every municipal authority and all municipal officers and other municipal employees shall be bound to afford the person so deputed access at all reasonable times to the premises and properties of 23the corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties. 1. ins by act 67 of , s. 122 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 487. of the delhi municipal corporation act : 1 if, 1 whether on receipt of a report or on receipt of any information or report obtained under section 485 or section 486 or otherwise, the central government is of opinion a that any duty imposed on 23the corporation or any municipal authority by or under this act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or b that adequate financial provision has not been made for the performance or any such duty, it may direct 23the corporation or the municipal authority concerned, within such period as it think fit, to make arrangements to its satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision to its satisfaction for the performance of the duty and 23the corporation or the municipal authority concerned shall comply with such direction: provided that, unless in the opinion of the central government the immediate execution of such order is necessary, it shall before making any direction under this section give 23the corporation or the municipal authority concerned an opportunity of showing cause why such direction should not be made. 4 1. subs. by act 67 of , s. 123, for whether on receipt of w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. omitted by act 67 of , s. 123 w.e.f. .

section 489. of the delhi municipal corporation act : 1 the central government may give 12the corporation all such directions as it considers necessary in respect of subjects, curricula, text books, standards and methods of teaching in primary schools vested in 12the corporation or maintained wholly or partly by grants paid out of the municipal fund and in respect of such other matters as that government considers necessary and 12the corporation shall comply with all such directions. 2 it shall be lawful for any officer appointed by the 3government in this behalf to inspect any such school and all reasonable facilities shall be given to such officer in connection with the inspection. 3 the 3government, after considering the report of inspection made by such officer, may give 12the corporation such directions as it considers necessary and 12the corporation shall comply with such directions. 1. subs. by delhi act 12 of , s. 2, for central government w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporationw.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 496. of the delhi municipal corporation act : no person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this act or of any rule or byelaw made thereunder.

section 490a. of the delhi municipal corporation act : show related subordinates 1 490a. delegation of power by the central government.the central government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by the government or any of its officers or by the commissioner or any other authority. 1. ins. by s. 125, ibid. w.e.f. .

section 495. of the delhi municipal corporation act : no person shall obstruct or molest 12the corporation or any municipal authority, the mayor or the deputy mayor, any councillor or aldermen or any person employed by 12the corporation or any person with whom the commissioner has entered into a contract on behalf of 12the corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this act or of any rule, regulation or byelaw made thereunder. 1. subs. by s. 2, , ibid., for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 491. of the delhi municipal corporation act : the commissioner may by order direct that any power conferred or any duty imposed on him by or under this act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any municipal officer or other municipal employee specified in the order.

section 490b. of the delhi municipal corporation act : 1490b. delegation of power by the government.the government may, by notification in the official gazette, direct that any power exercisable by it under this act shall, subject to such conditions, if any, as may be specified in the notification, be exercisable by any of its officers or by commissioner or by any other authority. ins. by delhi act 12 of , s. 20 w.e.f. .

section 498. of the delhi municipal corporation act : no person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in 12the corporation or in any way obstruct the same. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 493. of the delhi municipal corporation act : a copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the commissioner in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.

section 494. of the delhi municipal corporation act : no municipal officer or other municipal employee shall, in any legal proceedings to which the corporation is not a party, be required to produce any register or document the contents of which can be proved under section 493 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

section 492. of the delhi municipal corporation act : no notice, order, requisition, licence, permission in writing or any other document issued under this act shall be invalid merely by reason of defect of form.

section 497. of the delhi municipal corporation act : no person shall, without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of 12the corporation or any municipal authority or any municipal officer or other municipal employee specified by the commissioner in this behalf. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 499., for loss, waste or misapplication of municipal fund or property of the delhi municipal corporation act : 1 1 every councillor and every person referred to in clause b of subsection 3 of section 3, the commissioner, 2 and every municipal officer and other municipal employee shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in corporation, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by 34the corporation with the previous sanction of the 5 6central government or by the 5 6centralgovernment. 2 every such suit shall be instituted within three years after the date on which the cause of action arose. 1. subs. by act 67 of , s. 126, for every councillor and alderman, the commissioner, the general manager electricity, w.e.f. . 2. the words and brackets , the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. . 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. . 5. the word central omitted by act 67 of , s. 126 w.e.f. . 6. subs. by act 10 of , s. 2, for government w.e.f..

section 506.. of the delhi municipal corporation act : 1amendment of act 43 of . rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 500. of the delhi municipal corporation act : 1 every councillor and every person referred to in clause b of subsection 3 of section 3, the commissioner, 2 and every municipal officer and other municipal employee shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 45 of , and in the definition of legal remuneration in section 161 of that code the word government shall, for the purpose of this section, be deemed to include 34the corporation. 1. subs. by s. 127, ibid., for every councillor and alderman, the commissioner, the general manager electricity, w.e.f. . 2. the words and brackets , the general manager transport omitted by act 71 of , s. 7b and the second schedule w.e.f. . 3. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 4. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 501. of the delhi municipal corporation act : 1 as soon as may be after the 1st day of april in every year and not later than such date as may be fixed by the 1 government in this behalf, 23the corporation shall submit to that government a detailed report of the municipal government of delhi during the preceding year in such form as that government may direct. 2 the commissioner shall prepare such report and 23the corporation shall consider it and forward the same to the 1 government with its resolution thereon, if any. 3 copies of the report shall be kept for sale at the municipal office. 1. the word central omitted by act 67 of , s. 128 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 502. of the delhi municipal corporation act : save as provided in this act, nothing contained in this act shall be construed as authorising the disregard by 12the corporation or any municipal authority or any municipal officer or other municipal employee of any law for the time being in force. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 503. of the delhi municipal corporation act : the central government may, by order in the official gazette, exempt from the payment of any tax, rate, fee or other charge payable under the provisions of this act, any diplomatic or consular mission of a foreign state or the high commission of a commonwealth country and any official of such mission or high commission.

section 508a. of the delhi municipal corporation act : 1 508a. corporation to undertake work on agency basis.notwithstanding anything contained in any other provision of this act, 23the corporation may on such terms and conditions as may be determined by agreement between 23the corporation and any authority, body or person, carry out any work which is not connected with its functions on agency basis. 1. ins. by act 67 of , s. 131 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 504. of the delhi municipal corporation act : 1 2 after the establishment of 23the corporation any reference in any enactment, rule, byelaw, order, scheme, notification or other instrument having the force of law, to any of the bodies or local authorities specified in the second schedule shall, unless the context or subject otherwise requires, be construed as a reference to 23the corporation. 1. omitted by act 67 of , s. 129 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 509.. of the delhi municipal corporation act : power of central government to make first appointments. omitted by the delhi municipal corporation amendment act, 67 of , s. 132 w.e.f. .

section 510. of the delhi municipal corporation act : 1 notwithstanding anything contained in the punjab municipal act, punjab act 3 of or as the case may be, the punjab district boards act, , 20 of as in force in delhi, as from the commencement of this act, a the persons who immediately before such commencement are members of any of the local authorities specified in items 1 to 10 of the second schedule shall cease to be such members b all the powers, duties and functions which may, under any of the aforesaid acts or any other law, be exercised and performed by any such local authority, or by its president or chairman, or by any committee thereof shall, until the establishment of 12the corporation, be exercised and performed by a person whether an officer of government or not to be appointed by the central government with such designation as it may specify: provided that the same person may be appointed in respect of all the aforesaid local authorities. 2 nothing in subsection 1 shall be construed as effecting or implying in any way the dissolution of the aforesaid local authorities as bodies corporate. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 505.. of the delhi municipal corporation act : amendment of delhi act 3 of . rep. by the repealing and amending act, 58 of , s. 2 and the first schedule w.e.f. .

section 511. of the delhi municipal corporation act : 511. provisions as to employees of bodies and local authorities whose functions are taken over by 12the corporation.1 every officer and other employee of each of the bodies and local authorities specified in the second schedule shall, on and from the establishment of the corporation, be transferred to and become an officer or other employee of 12the corporation with such designation as the commissioner may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if 12the corporation had not been established, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by 12the corporation: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the 3government: provided further that any service rendered by any such officer or other employee before the establishment of 12the corporation shall be deemed to be service rendered under 12the corporation. 2 the commissioner may employ any officer or other employee transferred to 12the corporation under subsection 1 in the discharge of such functions under this act as the commissioner may think proper and every such officer or other employee shall discharge those functions accordingly. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 507. of the delhi municipal corporation act : notwithstanding anything contained in the foregoing provisions of this act, a 12the corporation with the previous approval of the 3 government, may, by notification in the official gazette, declare that any portion of the rural areas shall cease to be included therein and upon the issue of such notification that portion shall be included in and form part of the urban areas b 12the corporation with the previous approval of the 3 government may, by notification in the official gazette, i exempt the rural areas or any portion thereof from such of the provisions of this act as it deems fit, ii levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, rates, fees and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge c 12the corporation shall pay a gaon sabha i an amount equal to the proceeds of the tax on profession, trades, callings and employments, as and when that tax is levied in the gaon sabha area, and ii an amount equal to such portion of the proceeds of the property taxes on lands and buildings in that area as may from time to time to be determined by 12the corporation, after deducting the cost of collection from such proceeds. explanation.in this section the expressions gaon sabha and gaon sabha area have the same meanings as in the delhi panchayat raj act, delhi act 3 of . 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. the word central omitted by s. 130, ibid. w.e.f. .

section 508. of the delhi municipal corporation act : 1 in administering the provisions of this act within the red fort area 12the corporation shall comply with the military rules and regulations for the time being in force within that area. 2 in this section the expression red fort area means the red fort and such areas continuous thereto as may be declared by the 3government by notification in the gazette of india to be included within the red fort area. 1. subs. by delhi act 12 of , s. 2, for the corporationw.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f.

section 511a. of the delhi municipal corporation act : 1511a. temporary provision with respect to electricity, water, sewage, etc.notwithstanding the commencement of the delhi municipal corporation amendment act, , all the provisions existing in the principal act before such commencement relating to a water supply, drainage and sewage disposal b electric supply and c prevention and extinguishing of fire, and matters connected therewith or incidental thereto shall be deemed to continue in operation till such date as the 2government may, by notification in the official gazette, specify and different dates may be specified by the central government for any of the aforementioned different matters. 1. ins. by act 67 of , s. 133 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 514b. of the delhi municipal corporation act : 1514b. overriding effect of the provisions of the delhi development act, .notwithstanding anything contained in this act, in case of any repugnancy between the provisions of this act and the provisions of the delhi development act, , the provisions of the delhi development act, shall prevail over the provisions of this act. 1. ins. by delhi act 12 of , s. 21 w.e.f. .

section 511b. of the delhi municipal corporation act : 1511b. special provision as to transferred functions. 1 in this section, transferred functions means such functions of 23the corporation which immediately before the commencement of the delhi municipal corporation amendment act, were the functions of 23the corporation but as from such commencement become the functions of any other authority or functionary hereinafter called the new authority. 2 on and from such commencement, a all lands and buildings together with all interests of whatsoever nature and kind therein vested in 23the corporation immediately before such commencement and used for the purposes of transferred functions shall pass to and vest in the new authority concerned b all stores, articles and other movable properties belonging to 23the corporation immediately before such commencement and utilised for or in connection with the transferred functions shall pass to and vest in the new authority concerned c all appointment, notifications, orders, schemes, rules, forms, notices or byelaws made or issued or any licence or permissions granted by 23the corporation immediately before such commencement in connection with the transferred functions shall continue in force and be deemed to have been made, issued or granted by the new authority concerned unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued or any licence or permission granted by the new authority concerned d all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, 23the corporation immediately before such commencement for or in connection with the transferred functions shall be deemed to have been incurred, entered into, engaged to be done by, with or for, the new authority concerned e all assessments, valuations, measurements or divisions made by 23the corporation immediately before such commencement in or in connection with the transferred functions shall continue in force and be deemed to have been made by the new authority concerned unless and until they are superseded by any assessment, valuation, measurement or division made by that authority f all rates, taxes, fees, rents and other sums of money due to 23the corporation in relation to the transferred functions immediately before such commencement shall be deemed to be due to the new authority concerned g all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions shall, unless and until they are varied by the new authority concerned continue to be levied at the same rate at which they were being levied by 23the corporation immediately before such commencement h all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against 23the corporation immediately before such commencement for any matter in relation to the transferred functions may be continued or instituted by or against the new authority concerned i every officer and other employee serving under 23the corporation immediately before such commencement in connection with the transferred functions shall be transferred to and become an officer or other employee of the new authority concerned with such designation as such authority may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same is the new authority concerned had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by that authority: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the central government: provided further that any service rendered by any such officer or other employee before such commencement shall be deemed to be service rendered under the new authority concerned: provided also that the new authority concerned may employ any such officer or other employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly. 3 as soon as may be after the commencement of the delhi municipal corporation amendment act, , the 4central government shall decide, a which stores, articles and other movable properties referred to in clause b of subsection 2 have been utilised by 23the corporation for or in connection with the transferred functions b which debts, obligations, liabilities, contracts, matters and things referred to in clause d of the said subsection have been incurred, entered into or engaged to be done by, with or for 23the corporation for or in connection with the transferred functions c which officers and other employees referred to in clause i of that subsection served under 23the corporation in connection with the transferred functions. 4 in case of any dispute in relation to any of the matters referred to in the various clauses of subsection 2 other than clauses b, d and i, the dispute may be referred to the central government by the corporation or the new authority concerned and the decision of that government shall be final. 1. ins. by act 67 of , s. 133 w.e.f. . 2. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 3. subs. by act 10 of , s. 2, for a corporation w.e.f. . 4. subs. by delhi act 12 of , s. 2, for central government w.e.f.

section 512.special provisions as to the area transferred from new delhi to delhi of the delhi municipal corporation act : 1 in this section transferred area means that area of delhi which immediately before the commencement of this act is included within the local limits of the new delhi municipal committee but as from such commencement is included in and forms part of delhi by virtue of the provisions of this act. 2 as from the establishment of 12the corporation, a all lands and buildings together with all interests of whatsoever nature and kind therein situated in the transferred area and vested in the new delhi municipal committee immediately before such establishment shall pass to and vest in 12the corporation b all stores, articles and other movable properties belonging to the new delhi municipal committee immediately before such establishment and utilised for or in connection with the transferred area shall pass to and vest in 12the corporation c all appointments, notifications, orders, schemes, rules, forms, notices or byelaws made or issued or any licence or permission granted by the new delhi municipal committee immediately before such establishment in or in connection with the transferred area shall, in so far as they are not inconsistent with the provisions of this act continue in force and be deemed to have been made, issued or granted under the provisions of this act unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued or any licence or permission granted under the said provisions d all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the new delhi municipal committee immediately before such establishment for or in connection with the transferred area shall be deemed to have been incurred, entered into, engaged to be done by, with or for 12the corporation or the municipal authority concerned e all assessments, valuations, measurements or divisions made by the new delhi municipal committee immediately before such establishment in or in connection with the transferred area shall in so far as they are not inconsistent with the provisions of this act, continue in force and be deemed to have been made under the provisions of this act unless and until they are superseded by any assessment, valuation, measurement or division made by 12the corporation or the municipal authority concerned under the said provisions f all rates, taxes, fees, rents and other sums of money due to the new delhi municipal committee in, or in relation to, the transferred area immediately before such establishment shall be deemed to be due to the corporation g all rates, taxes, fees, rents and other charges leviable in, or in relation to, the transferred area shall unless and until they are varied by 12the corporation, continue to be levied at the same rate at which they were being levied by the new delhi municipal committee immediately before such establishment h all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the new delhi municipal committee immediately before such establishment for any matter in relation to the transferred area may be continued or instituted by or against 12the corporation i every officer and other employee serving under the new delhi municipal committee immediately before such establishment in connection with the transferred area shall be transferred to and become an officer or other employee of 12the corporation with such designation as the commissioner may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if 12the corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by 12the corporation : provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the central government: provided further that any service rendered by any such officer or other employee before the establishment of 12the corporation shall be deemed to be service rendered under 12the corporation: provided also that the commissioner may employ any such officer or other employee in the discharge of such functions under this act as the commissioner may think proper and every such officer or other employee shall discharge those functions accordingly. 3 as soon as may be after the commencement of this act, the 3government shall decide a which stores, articles and other movable properties referred to in clause b of subsection 2 have been utilised by the new delhi municipal committee for or in connection with the transferred area b which debts, obligations, liabilities, contracts, matters and things referred to in clause d of the said subsection have been incurred, entered into or engaged to be done by, with or for the new delhi municipal committee for or in connection with the transferred area c which officers and other employees referred to in clause i of that subsection served under the said committee in connection with the transferred area. 4 in case of any dispute in relation to any of the matters referred to in the various clauses of subsection 2 other than clauses b, d and i, the dispute may be referred to the central government by 12the corporation or the new delhi municipal committee and the decision of that government shall be final 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. . 3. subs. by delhi act 12 of , s. 2, for central government w.e.f. .

section 515. of the delhi municipal corporation act : if any difficulty arises in relation to the transition from the provisions of any of the enactments referred to in section 516, or in giving effect to the provisions of this act, the 1government may, by order as occasion requires, do anything which appears to it to be necessary for the purpose of removing the difficulty: provided that no such order shall be made after the expiration of two years from the establishment of 23the corporation. 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 513. of the delhi municipal corporation act : 1 any expenditure incurred during the period between the commencement of this act and the establishment of 12the corporation under any of the provisions of this act shall be borne by the central government and the amount of the expenditure so incurred shall on such establishment be recoverable by that government out of the municipal fund. 2 if in respect of the period between the establishment of 12the corporation and the adoption of the first budget by 12the corporation further expenditure from the municipal fund becomes necessary over and above the expenditure thereto for authorised for that year by the sanctioned budget estimates of the various bodies and local authorities specified in the second schedule, 12the corporation shall adopt a supplementary statement showing the estimated amount of that expenditure. 3 every item of expenditure shown in the supplementary statement as adopted by 12the corporation shall be deemed to be expenditure covered by a current budgetgrant within the meaning of section102. 4 the supplementary statement shall be prepared, presented and adopted in such manner and shall provide for such matters as may be determined by 12the corporation . 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. .br 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 516., and savings. of the delhi municipal corporation act : 1 as from the date of the establishment of 12the corporation, a the delhi joint water sewage board act,, 23 of and the delhi road transport authority act, , 13 of , shall stand repealed and b the enactments specified in the thirteenth schedule shall cease to have effect within delhi. 2 notwithstanding the provisions of subsection 1 of this section or of clause a of subsection 2 of section 286, a any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued, and any licence or permission granted under any of the acts or enactments referred to in subsection 1 of this section or under the act referred to in clause a of subsection 2 of section 286 and in force immediately before the establishment of 12the corporation, shall, in so far as it is not inconsistent with the provisions of this act, continue in force and be deemed to have been made, issued or granted under the provisions of this act, unless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice or byelaw made or issued or any licence or permission granted under the said provisions b all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for any of the bodies or local authorities specified in the second scheduled before such establishment shall be deemed to have been incurred, entered into or engaged to be done by, with or for 12the corporation or the municipal authority concerned c all budget estimates, assessments, valuations, measurements or divisions made by any of the aforesaid bodies or local authorities shall in so far as they are not inconsistent with the provisions of this act, continue in force and be deemed to have been made under the provisions of this act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by 12the corporation or the municipal authority concerned under the said provisions d all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in any of the aforesaid bodies and local authorities immediately before such establishment shall, with all rights of whatsoever description, used, enjoyed or possessed by any such body or authority, vest in 12the corporation e all rates, taxes, fees, rents and other sums of money due to any of the aforesaid bodies or local authorities immediately before such establishment shall be deemed to be due to 12the corporation f all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by 12the corporation continue to be levied at the same rate at which they were being levied by the aforesaid bodies or local authorities immediately before such establishment g all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against any of the aforesaid bodies or local authorities may be continued or instituted by or against 12the corporation . 1. subs. by delhi act 12 of , s. 2, for the corporation w.e.f. . 2. subs. by act 10 of , s. 2, for a corporation w.e.f. .

section 514. of the delhi municipal corporation act : notwithstanding anything contained in the punjab municipal act, , punjab act 3 of as applicable to new delhi municipality or in any notification issued thereunder, the limits of that municipality shall be as described in the first schedule.

section 514a.appointment of special officer of the delhi municipal corporation act : 1 514a.appointment of special officer.notwithstanding anything contained in this act, the central government may, if necessary, appoint a person to be called the special officer, to exercise the power and discharge the functions of the corporation until the date on which the first meeting of the corporation is held after the commencement of the delhi municipal corporation amendment act, . 1. subs. by act 10 of , s. 13, for section 514a w.e.f. .

section 514aa.transitional provisions of the delhi municipal corporation act : 1514aa. transitional provisions.on and from the commencement of the delhi municipal corporation amendment act, , a the north delhi municipal corporation, the south delhi municipal corporation and the east delhi municipal corporation hereafter referred to as the erstwhile corporations shall be subsumed with, and become part of the municipal corporation of delhi b any reference to the erstwhile corporations in any contract or other instrument shall be deemed as a reference to the municipal corporation of delhi c all properties, movable and immovable, of or belonging to the erstwhile corporations shall vest in the municipal corporation of delhi d all the rights and liabilities of the erstwhile corporations shall be transferred to, and be the rights and liabilities of, the municipal corporation of delhi e any pending proceedings, including any disciplinary, arbitration, appeal or other legal proceedings, of whatever nature, by or against the erstwhile corporations shall be continued or enforced by or against the municipal corporation of delhi f any rules, regulations and byelaws made prior to such commencement, shall, in so far as they are consistent with the provisions of the act, continue to be applicable till new rules, regulations and byelaws are made. 1. subs. by act 10 of , s. 13, for section 514a w.e.f. .

section 8. of the jute companies nationalisation act : 1 every jute company shall be given by the central government, for the deprivation of the management of its undertakings, an amount of rupees ten thousand per annum for the period commencing on the date on which management of the undertakings of that company was taken over in pursuance of the order made by the central government under the provisions of the industries development and regulation act, 65 of and ending on the appointed day. 2 every amount specified in the first schedule or calculated in accordance with the provisions of subsection 1 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 3 the amounts determined in relation to any jute company in accordance with the provisions of subsections 1 and 2 shall be given by the central government to the jute company in addition to the amount specified in the first schedule against that company.

section 1. of the jute companies nationalisation act : this act may be called the jute companies nationalisation act, .

section 2. of the jute companies nationalisation act : in this act, unless the context otherwise requires, a appointed day means the date of commencement of this act b commissioner means the commissioner of payments appointed under section 14 c jute companies means the companies being companies as defined in the companies act, of specified in the first schedule d jute manufactures corporation means the national jute manufactures corporation limited, a company incorporated and registered under the companies act, 1 of e notification means a notification published in the official gazette f prescribed means prescribed by rules made under this act g specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this act h words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act.

section 7. of the jute companies nationalisation act : every jute company shall be given by the central government, for the transfer to and vesting in that government under section 3 of the undertakings of that company and the right, title and interest of that company in relation to its undertakings, in cash and in the manner specified in chapter vi, such amount as is specified against the name of that company in the first schedule.

section 4. of the jute companies nationalisation act : 1 the undertakings of each jute company shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments, book debts and all other rights and interests in, or arising out of, such property as were, immediately before the appointed day, in the ownership, possession, power or control of the jute company, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto and shall also be deemed to include the liabilities specified in subsection 2 of section 5. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting them, and any attachment, injunction, decree or order of any court or other authority restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts directed to be given under sections 7 and 8 to the jute company concerned but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to a jute company in relation to its undertakings which have vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertakings, and, on and from the date of vesting of such undertakings under section 6, in the jute manufactures corporation, that corporation shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such corporation and such corporation shall hold it for the remainder of the period for which the jute company would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature, in relation to any matter specified in subsection 2 of section 5, in respect of the undertakings of any jute company which has vested in the central government under section 3, instituted or preferred by or against that company, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of such jute company or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government or where the undertakings of such jute company are directed under section 6, to vest in the jute manufactures corporation, by or against that corporation.

section 3. of the jute companies nationalisation act : on the appointed day, the undertakings of every jute company, and the right, title and interest of every jute company in relation to its undertakings shall, by virtue of this act, stand transferred to, and vest in, the central government.

section 6. of the jute companies nationalisation act : 1 notwithstanding anything contained in sections 3 and 4, the central government shall, as soon as may be, after the appointed day, direct, by notification, that the undertakings of every jute company and the right, title and interest of every jute company in relation to its undertakings, which have vested in that government under section 3, and such of the liabilities of every jute company as are specified in subsection 2 of section 5, shall, instead of continuing to vest in the central government, vest in the jute manufactures corporation either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest, and the liabilities referred to in subsection 2 of section 5, of the jute companies in relation to their respective undertakings vest, under subsection 1, in the jute manufactures corporation, that corporation shall, on and from the date of such vesting, be deemed to have become the owner in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the jute manufactures corporation.

section 5. of the jute companies nationalisation act : 1 every liability, other than the liability specified in subsection 2, of a jute company in respect of any period prior to the appointed day, shall be the liability of that company and shall be enforceable against it, and not against the central government, or, where the undertakings of the jute company vest in the jute manufactures corporation, against that corporation. 2 any liability arising in respect of loans advanced by the central government or any state government, or both, to a jute company together with interest due thereon after the management of the undertakings of the said jute company had been taken over by the central government shall, on and from the appointed day, be the liability of the central government and shall be discharged by that government, or by the jute manufactures corporation as and when repayment of such loans becomes due and payable. 3 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this act, no liability, other than the liability specified in subsection 2, of any jute company in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the central government or where the undertakings of such company are directed under section 6, to vest in the jute manufactures corporation, against that corporation b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of any jute company, passed after the appointed day, in respect of any matter, claim or dispute, which arose before that day, not being a matter, claim or dispute in relation to any liability specified in subsection 2, shall be enforceable against the central government or where the undertakings of such company are directed under section 6, to vest in the jute manufactures corporation, against that corporation c no liability incurred by any jute company before the appointed day for the contravention of a provision of any law for the time being in force shall be enforceable against the central government or where the undertakings of such company are directed under section 6, to vest in the jute manufactures corporation, against that corporation.

section 9., of the undertakings of the jute companies. of the jute companies nationalisation act : the general superintendence, direction, control and management of the affairs and business of the undertakings owned by each of the jute companies, the right, title and interest in relation to which have vested in the central government under section 3, shall, where a direction has been made by the central government under subsection 1 of section 6, vest in the jute manufactures corporation and thereupon the jute manufactures corporation shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things in relation to each such undertaking as the jute company which owned it was authorised to exercise and do immediately before the appointed day.

section 10. of the jute companies nationalisation act : 1 on the vesting of the management of the undertakings of the jute companies in the central government or the jute manufactures corporation, as the case may be, the persons in charge of the management of such undertakings immediately before such vesting shall be bound to deliver to the central government or the jute manufactures corporation, as the case may be, all assets, books of account, registers and all other documents in their custody relating to such undertakings. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the jute manufactures corporation and the said corporation may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the jute companies shall be conducted or in relation to any other matter arising in the course of such management.

section 11., in their possession. of the jute companies nationalisation act : 1 any person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to any undertaking owned by a jute company which has vested in the central government or the jute manufactures corporation under this act, shall be liable to account for the said assets, books, documents and other papers to the central government or the jute manufactures corporation and shall deliver them up to the central government or the jute manufactures corporation or to such person or persons as the central government or the jute manufactures corporation may specify in this behalf. 2 the central government or the jute manufactures corporation may take or cause to be taken all necessary steps for securing possession of the undertakings of the jute companies which have vested in the central government or the jute manufactures corporation under this act. 3 every jute company shall within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all its property and assets, as on the appointed day, pertaining to its undertakings which have vested in the central government under section 3, and for this purpose, the central government or the jute manufactures corporation shall afford to such company all reasonable facilities.

section 16. of the jute companies nationalisation act : 1 the central government or the jute manufactures corporation, as the case may be, shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to any jute company in relation to its undertakings which have vested in the central government or the jute manufactures corporation, and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government or the jute manufactures corporation, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or corporation, after the appointed day for discharging any liability of a jute company, not being any liability specified in subsection 2 of section 5, in relation to any of the undertakings owned by it in respect of any period prior to the appointed day and every such claim shall have priority, in accordance with the priorities attaching under this act to the matter in relation to which such liability has been discharged by the central government or the jute manufactures corporation. 3 save as otherwise provided in this act, the liabilities of a jute company in relation to any of the undertakings owned by it in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of that company.

section 12. of the jute companies nationalisation act : 1 every person who has been, immediately before the appointed day, employed in any undertaking of any of the companies shall become, a on and from the appointed day, an employee of the central government, and b where the undertakings of the jute companies are vested in the jute manufactures corporation, an employee of the said corporation, on and from the date of such vesting, and shall hold office or service under the central government or the jute manufactures corporation, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the jute manufactures corporation, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the jute manufactures corporation, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the jute companies, to the central government or the jute manufactures corporation, shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 13. of the jute companies nationalisation act : 1 where a jute company has established a provident fund, superannuation fund, welfare fund or other funds for the benefit of persons employed in any of the undertakings owned by it, the monies relatable to its employees whose services have become transferred by or under this act to the central government or the jute manufactures corporation shall, out of the monies standing, on the appointed day, to the credit of such provident fund, superannuation fund, welfare fund or other funds, stand transferred to, and vest in, the central government or the jute manufactures corporation, as the case may be. 2 the monies which stand transferred under subsection 1 to the central government or the jute manufactures corporation, as the case may be, shall be dealt with by that government or corporation in such manner as may be prescribed.

section 14. of the jute companies nationalisation act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 7 and 8 to the jute companies, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 15. of the jute companies nationalisation act : 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to every jute company, a an amount equal to the amount specified against the name of that company in the first schedule b a further amount equal to the amount payable to that company under section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 separate records shall be maintained by the commissioner in respect of each of the jute companies in relation to which payment has been made to him under this act. 4 interest accruing on the amount in relation to a jute company standing to the credit of the deposit account referred to in subsection 2 shall ensure to the benefit of such jute company.

section 19. of the jute companies nationalisation act : 1 on receipt of the claims made under section 17, the commissioner shall arrange the claims in the order of priorities specified in the second schedule and examine the same in accordance with such order. 2 if, on an examination of the claims against a jute company, the commissioner is of the opinion that the amount paid to him under this act for payment to such company is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine any claim in respect of such lower category.

section 17. of the jute companies nationalisation act : every person having a claim against a jute company with regard to any of the matters specified in the second schedule, pertaining to any undertaking owned by it, shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

section 18. of the jute companies nationalisation act : the claims made under section 17 shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount paid to the commissioner under this act is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 22. of the jute companies nationalisation act : 1 if out of the monies paid to him in relation to a jute company, there is a balance left after meeting the liabilities as specified in the second schedule, the commissioner shall disburse such balance to such jute company. 2 where the possession of any machinery, equipment or other property possessed by a jute company has vested in the central government or the jute manufactures corporation under this act but such machinery, equipment or other property does not belong to such jute company, it shall be lawful for the central government or, as the case may be, the jute manufactures corporation, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by such jute company immediately before the appointed day.

section 20. of the jute companies nationalisation act : 1 after examining the claims against a jute company, with reference to the priorities set out in the second schedule, the commissioner shall fix a date on or before which every claimant against the company shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the jute company concerned an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the commissioner shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi, of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner may prefer an appeal against such decision to the high court within the local limits of whose jurisdiction the registered office of the jute company concerned is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall be heard and disposed of by not less than two judges of that high court.

section 21. of the jute companies nationalisation act : after admitting a claim against a jute company under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due and on such payment, the liability of such jute company in respect of such claim shall stand discharged.

section 25. of the jute companies nationalisation act : 1 where any liability of a jute company arising out of any item in any category specified in part i of the second schedule is not discharged fully by the commissioner out of the amounts paid to him under this act, the commissioner shall intimate in writing to the central government the extent of the liability which remains undischarged and that liability shall be assumed by the central government. 2 the central government may, by order, direct the jute manufactures corporation to take over the liability assumed by the central government under subsection 1, and on receipt of such direction, it shall be the duty of the jute manufactures corporation to discharge such liability.

section 23. of the jute companies nationalisation act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally wound up, to the general revenue account of the central government, but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 24. of the jute companies nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 26. of the jute companies nationalisation act : notwithstanding the vesting under this act of the undertakings of any jute company in the central government or the jute manufactures corporation a any person who has been managing the affairs of such undertakings before the date on which the undertakings had so vested shall, until alternative arrangements have been made by the central government, or, as the case may be, the jute manufactures corporation, for the management of such undertakings, continue to manage the affairs of the undertakings, as if such person had been authoried by the central government, or, as the case may be, the jute manufactures corporation, to manage such undertakings b such person shall, until alternative arrangements have been made by the central government, or, as the case may be, the jute manufactures corporation, continue to be authorised to operate, in relation to the undertakings of such jute company, any account of such undertakings in any bank as if he had been authorised by the central government or the jute manufactures corporation to operate such account.

section 27. of the jute companies nationalisation act : every contract entered into by any jute company in relation to any of the undertakings owned by it, which has vested in the central government under section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the central government or the jute manufactures corporation, and in ratifying such contract, the central government or the jute manufactures corporation may make such alterations or modifications therein as it may think fit: provided that the central government or the jute manufactures corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or the jute manufactures corporation and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 28. of the jute companies nationalisation act : any person who, a having in his possession, custody or control any property forming part of the undertakings owned by any jute company, wrongfully withholds such property from the central government or the jute manufactures corporation or b wrongfully obtains possession of, or retains any property forming part of, the undertakings owned by any jute company or c wilfully withholds or fails to furnish to the central government or the jute manufactures corporation or any person or body of persons specified by that government or corporation, as the case may be, any document or inventory relating to the undertakings, owned by any jute company, which may be in his possession, custody or control or d fails to deliver to the central government or the jute manufactures corporation or any person or body of persons specified by that government or corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to the undertakings owned by any jute company or e wrongfully removes or destroys any property forming part of the undertakings owned by any jute company or prefers any claim under this act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and also with fine which may extend to ten thousand rupees.

section 32. of the jute companies nationalisation act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the manner in which the monies in any provident fund or other fund, referred to in subsection 2 of section 13, shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 29. of the jute companies nationalisation act : 1 where an offence punishable under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 33. of the jute companies nationalisation act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 30. of the jute companies nationalisation act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the jute manufactures corporation or other person authorised by that government or corporation for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the jute manufactures corporation or any officer or other person authorised by that corporation for any damage caused or likely to be caused for anything which is in good faith done or intended to be done under this act.

section 31. of the jute companies nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 32 and 33, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 1. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : show related subordinates 1 this act may be called the sree chitra tirunal institute for medical sciences and technology, trivandrum, act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st march, , vide notification no. g.s.r. 254e, dated 17th february, , see gazette of india, extraordinary, part ii, sec. 3 i.

The Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum Act, 1980

section 8. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the president and other members shall receive such allowances, if any, from the institute as may be prescribed by rules.

section 2. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : whereas the objects of the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, in the state of kerala, are such as to make the institution one of national importance, it is hereby declared that the institution, known as the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, is an institution of national importance.

section 3. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : in this act, unless the context otherwise requires, a chairman means the chairman of the governing body b director means the director of the institute c fund means the fund of the institute referred to in section 16 d governing body means the governing body of the institute e institute means the institution known as the sree chitra tirunal institute for medical sciences and technology, trivandrum, incorporated under this act f member means a member of the institute g president means the president of the institute h regulation means a regulation made by the institute i rule means a rule made by the central government.

section 4. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, is hereby constituted a body corporate by the name of sree chitra tirunal institute for medical sciences and technology, trivandrum, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued.

section 5. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall consist of the following members, namely: a the vicechancellor of the kerala university, ex officio b the directorgeneral of health services, government of india, ex officio c the director, ex officio d four members to be nominated by the central government to represent respectively the departments or, as the case may be, ministries of that government dealing with science and technology, health, finance and education e two members to be nominated by the government of the state of kerala to represent respectively the departments or, as the case may be, ministries of that government dealing with planning, science and technology and health f three scientists of whom two shall be medical scientists and one shall be a social scientist, to be nominated by the central government in the manner prescribed by rules g three scientists representing engineering and technology to be nominated by the central government in the manner prescribed by rules h the head of the biomedical technology wing of the institute, ex officio i three representatives of the medical faculties of indian universities to be nominated by the central government in the manner prescribed by rules and j three members of parliament of whom two shall be elected from among themselves by the members of the house of the people and one from among themselves by the members of the council of states.

section 6. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 save as otherwise provided in this section, the term of office of a member shall be five years from the date of his nomination or election. 2 the term of office of a member elected under clause j of section 5 shall come to an end as soon as he ceases to be a member of the house from which he was elected. 3 the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member. 4 the term of office of a member nominated or elected to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated or elected. 5 an outgoing member other than a member elected under clause j of section 5 shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place. 6 an outgoing member shall be eligible for renomination or reelection. 7 a member may resign his office by writing under his hand addressed to the central government but he shall continue in office until his resignation is accepted by that government. 8 the manner of filling vacancies among members shall be such as may be prescribed by rules.

section 7. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 there shall be a president of the institute who shall be nominated by the central government from among the members other than the director. 2 the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribed by rules or regulations.

section 9. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government and thereafter the institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed by regulations

section 14. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : all properties which had vested in the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, immediately before the commencement of this act, shall, on and from such commencement, vest in the institute.

section 10. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 there shall be a governing body of the institute which shall be constituted by the institute in such manner as may be prescribed by regulations: provided that the number of persons who are not members of the institute shall not exceed onethird of the total membership of the governing body. 2 the governing body shall be the executive committee of the institute and shall exercise such powers and discharge such functions as the institute may, by regulations made in this behalf, confer or impose upon it. 3 the president shall be the chairman of the governing body and as chairman thereof shall exercise such powers and discharge such functions as may be prescribed by regulations. 4 the procedure to be followed in the exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among, the members of the governing body shall be such as may be prescribed by regulations. 5 subject to such control and restrictions as may be prescribed by rules, the institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the institute or for inquiring into, or reporting or advising upon, any matter which the institute may refer to them. 6 the chairman and members of the governing body and chairman and members of a standing committee or an ad hoc committee shall receive such allowances, if any, as may be prescribed by regulations.

section 15. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functions under this act.

section 11. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 there shall be a chief executive officer of the institute who shall be designated as the director of the institute and shall, subject to such rules as may be made in this behalf, be appointed by the institute: provided that the first director of the institute shall be appointed by the central government. 2 the director shall act as the secretary to the institute as well as the governing body. 3 the director shall exercise such powers and discharge such functions as may be prescribed by regulations or as may be delegated to him by the institute or the president or by the governing body or the chairman. 4 subject to such rules as may be made in this behalf, the institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees. 5 subject to such rules as may be made in this behalf, the director and other officers and employees of the institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, gratuity, provident fund and other matters as may be prescribed by regulations made in this behalf.

section 16. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 the institute shall maintain a fund to which shall be credited a all moneys provided by the central government and the government of kerala b all fees and other charges received by the institute c all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and d all moneys received by the institute in any other manner or from any other source. 2 all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide. 3 the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 13.

section 13. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : with a view to the promotion of the objects specified in section 12, the institute may, a provide for postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences b provide facilities for research in the various branches of such sciences c conduct experiments in integrated methods of postgraduate medical and technological education in order to arrive at satisfactory standards of such education d prescribe courses and curricula for postgraduate studies e provide for postgraduate teaching and training in biomedical sciences and technology f notwithstanding anything contained in any other law for the time being in force, establish and maintain i one or more well equipped hospitals and ii one or more centers for research and development in biomedical technology g hold examinations and grant such degrees, diplomas and other academic distinctions and titles in postgraduate medical education and biomedical technology as may be laid down in the regulations h institute and appoint persons to professorships, readerships, lecturerships and posts of any description in accordance with the regulations i receive grants from the governments and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be j deal with any property belonging to, or vested in, the institute in any manner which is considered necessary for promoting the objects specified in section l2 k demand and receive such fees and other charges as may be prescribed by regulations and l do all other acts and things as may be necessary to further the objects specified in section 12.

section 12. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the objects of the institute shall be a to promote biomedical engineering and technology b to provide and demonstrate high standards of patient care in advanced medical specialities and c to develop postgraduate training programmes of the highest quality in advanced medical specialities and biomedical engineering and technology.

section 17. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall prepare, in such form and at such time every year, as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may be prescribed by rules

section 19. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall prepare for every year a report of its activities during that year and submit the report to the central government in such form and on or before such date as may be prescribed by rules and a copy of the report shall be laid, as soon as may be after it is received, before both houses of parliament

section 18. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balancesheet in such form as the central government may, by rules, prescribe, and in accordance with such general directions as may be issued by that government, in consultation with the comptroller and auditor general of india. 2 the accounts of the institute shall be audited by the comptroller and auditorgeneral of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditorgeneral of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute as well as of the institutions established and maintained by it. 4 the accounts of the institute as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before both houses of parliament.

section 20. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : 1 the institute shall constitute for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be prescribed by regulations, such pension and provident funds as it may deem fit. 2 where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, , 19 of shall apply to such fund as if it were a government provident fund.

section 25. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 21. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : all orders and decisions of the institute shall be authenticated by the signature of the president or any other member authorised by the institute in this behalf, and all other instruments shall be authenticated by the signature of the director or any other officer of the institute authorised in like manner in this behalf.

section 22. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : no act done or proceeding taken by the institute, governing body or any standing or ad hoc committee under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the institute, governing body or such standing or ad hoc committee.

section 28. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : subject to the provisions of this act, every person who was employed in the sree chitra tirunal medical centre society for advanced studies in specialities, trivandrum, immediately before the commencement of this act shall, on and from such commencement, become an employee of the institute and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to leave, pension, gratuity, provident fund and other matters as he would have held the same on the date of commencement of this act if this act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by regulations: provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the central government.

section 23., by institute. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this act.

section 24. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : notwithstanding anything contained in the indian medical council act, of , the medical degrees and diplomas granted by the institute under this act shall be recognised medical qualifications for the purposes of that act and shall be deemed to be included in the first schedule to that act.

section 30. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : if any difficulty arises in giving effect to the provisions of this act, the central government may, within a period of three years from the commencement of this act, by order published in the official gazette, make such provisions or give such directions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty.

section 31. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : show related subordinates 1 the central government, after consultation with the institute, may, by notification in the official gazette, make rules to carry out the purposes of this act: provided that consultation with the institute shall not be necessary on the first occasion of the making of rules under this section, but the central government shall take into consideration any suggestions which the institute may make in relation to the amendment of such rules after they are made. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of nomination of members under clauses f, g and i of section 5 b the manner of filling vacancies among members under section 6 c the powers and functions to be exercised and discharged by the president under subsection 2 of section 7 d the allowances, if any, to be paid to the president and other members under section 8 e the control and restrictions in relation to the constitution of standing and ad hoc committees under subsection 5 of section 10 f the appointment of the director under subsection 1 of section 11 g the number of officers and employees that may be appointed by the institute and the manner of such appointment under subsection 4 of section 11 h the salaries and allowances to be paid to the director and other officers and employees of the institute under subsection 5 of section 11 i the form in which, and the time at which, the budget shall be prepared by the institute and the number of copies thereof to be forwarded to the central government under section 17 j the form in which an annual statement of accounts including the balancesheet shall be prepared by the institute under subsection 1 of section 18 k the form in which and the date before which, the report of the activities of the institute shall be submitted to the central government under section 19 l the form and manner in which reports, returns and other information are to be furnished by the institute to the central government under section 27 m any other matter which has to be or may be prescribed by rules.

section 26. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : if in, or in connection with, the exercise of its powers and discharge of its functions by the institute under this act, any dispute arises between the institute and the central government, the decision of the central government on such dispute shall be final

section 27. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall furnish to the central government such reports, returns and other information as that government may require from time to time.

section 29. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : the institute shall continue to provide facilities to the government and people of the state of kerala and the central government and such facilities shall not, in any respect, be less favourable to the said governments and people than what were being provided to them before the commencement of this act and shall be made available for such period and upon such terms and conditions including those relating to any contributions to be made for the provision of such facilities as may be agreed upon between the institute, the government of the state of kerala and the central government.

section 33. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 32. of the sree chitra tirunal institute for medical sciences and technology trivandrum act : show related subordinates 1 the institute may, with the previous approval of the central government, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for a the powers and functions to be exercised and discharged by the president under subsection 2 of section 7 b the summoning and holding of meetings, other than the first meeting, of the institute under section 9, the time and place where such meetings are to be held, the conduct of business at such meetings and the number of members necessary to form a quorum c the manner of constituting the governing body and standing and ad hoc committees under section 10, the term of office of, and the manner of filling vacancies among, the members of the governing body and standing and ad hoc committees d the powers and functions to be exercised and discharged by the governing body and the chairman under subsections 2 and 3 of section 10 e the allowances, if any, to be paid to the chairman and the members of the governing body and of standing and ad hoc committees under subsection 6 of section 10 f the procedure to be followed by the governing body and standing and ad hoc committees in the conduct of their business, exercise of their powers and discharge of their functions under section 10 g the powers and functions to be exercised and discharged by the director under subsection 3 of section 11 h the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institute including teachers appointed by the institute under subsection 5 of section 11 i the management of the properties of the institute under section 13 j the degrees, diplomas and other academic distinctions and titles which may be granted by the institute under clause g of section 13 k the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such professorships, readerships, lecturerships and other posts under clause h of section 13 l the fees and other charges which may be demanded and received by the institute under clause k of section 13 m the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the institute under subsection 1 of section 20 n matters relating to tenure of office, remuneration and terms and conditions of service of the persons referred to in section 28 o any other matter for which under this act provisions may be made by regulations. 2 notwithstanding anything contained in subsection 1, the first regulations under this act shall be made by the central government and any regulations so made may be altered or rescinded by the institute in exercise of its power under subsection 1.

section 8. of the hind cycles limited and senraleigh limited nationalisation act : 1 for the deprivation of the two companies of the management of their undertakings, there shall be given by the central government to each of the companies in cash, an amount calculated at the rate specified against the name of such company in the second schedule for the period commencing on the date on which the management of the undertakings of such company was taken over in pursuance of the orders made by the central government under the provisions of the industries development and regulation act, 65 of and ending on the appointed day. 2 the amount specified in section 7 and the amount calculated in accordance with the provisions of subsection 1 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the central government to the commissioner. 3 the amounts determined in accordance with the provisions of subsections 1 and 2 shall be given by the central government to the two companies in addition to the amount specified in the first schedule

The Hind Cycles Limited and Sen-Raleigh Limited (Nationalisation) Act, 1980

section 2. of the hind cycles limited and senraleigh limited nationalisation act : in this act, unless the context otherwise requires, a appointed day means the 15th day of october, b commissioner means the commissioner of payments appointed under section 15 c custodian means the custodian appointed under subsection 2 of section 9 to take over, or carry on, the management of the undertakings of either, or both, of the two companies d notification means a notification published in the official gazette e prescribed means prescribed by rules made under this act f senraleigh limited includes sen and pandit industries limited, ancillary industries lugs private limited, ancillary industries forgings private limited, ancillary industries cranks private limited and naokhali machine tools limited, all having their registered offices at 1, middeton street, calcutta g specified date, in relation to any provision of this act, means such date as the central government may, by notification, specify for the purposes of that provision and different dates may be specified for different provisions of this act h two companies means hind cycles limited and senraleigh limited, being companies as defined in the companies act, 1 of , and having their registered offices at birlagram, nagda madhya pradesh, and 1, middleton street, calcutta, respectively i words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act

section 1. of the hind cycles limited and senraleigh limited nationalisation act : 1 this act may be called the hind cycles limited and senraleigh limited nationalisation act, . 2 it shall be deemed to have come into force on the 15th day of october, .

section 3. of the hind cycles limited and senraleigh limited nationalisation act : on the appointed day, the undertakings of each of the two companies, and the right, title and interest of each of the two companies in relation to such undertakings, shall, by virtue of the act, stand transferred to, and shall vest in, the central government.

section 4. of the hind cycles limited and senraleigh limited nationalisation act : 1 the undertakings of each company referred to in section 3 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges, and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, cheques, demand drafts, reserve funds, investments, book debts, and all other rights and interest in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of such company whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto, and shall also be deemed to include the liabilities specified in subsection 2 of section 5. 2 all properties as aforesaid which have vested in the central government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting them, and any attachment, injunction, decree or order of any court restricting the use of such properties in any manner or appointing any receiver in respect of the whole or any part of such properties shall be deemed to have been withdrawn. 3 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 4 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 3 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified, in relation to the company owning such property, in the first schedule, and also out of the amounts determined under section 8, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 5 any licence or other instrument granted to either of the two companies in relation to any undertaking which has vested in the central government under section 3 at any time before the appointed day and in force immediately before that day shall continue to be in force on and after such day in accordance with its tenor in relation to and for the purposes of such undertaking, and, on and from the date of vesting of such undertaking under section 6 in a government company, such government company shall be deemed to be substituted in such licence or other instrument as if such licence or other instrument had been granted to such government company and such government company shall hold it for the remainder of the period for which the company to which it was granted would have held it under the terms thereof. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter specified in subsection 2 of section 5, in respect of any undertaking of either of the two companies, instituted or preferred by or against either of the two companies, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertakings of either of two companies or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the central government, or, where the undertakings of the two companies are directed, under section 6, to vest in government companies, by or against the concerned government company.

section 7. of the hind cycles limited and senraleigh limited nationalisation act : for the transfer to, and vesting in, the central government, under section 3, of the undertakings of each of the two companies and the right, title and interest of each of the two companies in relation to such undertakings, there shall be given by the central government to each of the companies, in cash and in the manner specified in chapter vi, an amount equal to the amount specified against the name of such company in the first schedule.

section 6. of the hind cycles limited and senraleigh limited nationalisation act : 1 notwithstanding anything contained in sections 3 and 4, the central government may, subject to such terms and conditions as it may think fit to impose, direct, by notification, that each of the undertakings of the two companies and the right, title and interest of each of the two companies in relation to their respective undertakings which have vested in that government under section 3, and such of the liabilities of each of the two companies as are specified in subsection 2 of section 5, shall, instead of continuing to vest in the central government, vest in two government companies either on the date of the notification or on such earlier or later date not being a date earlier than the appointed day as may be specified in the notification. 2 where the right, title and interest, and the liabilities referred to in subsection 2 of section 5, of each of the two companies, in relation to its undertakings, vest in two government companies under subsection 1, the government companies shall, on and from the date of such vesting, be deemed to have become owners in relation to such undertakings, and all the rights and liabilities of the central government in relation to such undertakings shall, on and from the date of such vesting, be deemed to have become the rights and liabilities, respectively, of the government companies.

section 5. of the hind cycles limited and senraleigh limited nationalisation act : 1 every liability, other than the liability specified in subsection 2, of each of the two companies in respect of any period prior to the appointed day, shall be the liability of the concerned company and shall be enforceable against it and not against the central government, or, where the undertakings of the two companies are directed under section 6, to vest in government companies, against the concerned government company. 2 any liability arising in respect of materials supplied to either of the two companies after the management of the undertakings of the company had been taken over by the central government shall, on and from the appointed day, be the liability of the central government or of the concerned government company aforesaid, and shall be discharged by that government or government company, as and when repayment for such supplies becomes due and payable. 3 for the removal of doubts, it is hereby declared that a save as otherwise expressly provided in this section or in any other provision of this act, no liability, other than the liability specified in subsection 2, of either of the two companies in relation to its undertakings in respect of any period prior to the appointed day, shall be enforceable against the central government, or, where the undertakings of the two companies are directed, under section 6, to vest in government companies, against the concerned government company b no award, decree or order of any court, tribunal or other authority in relation to the undertakings of either of the two companies, passed on or after the appointed day, in respect of any matter, claim or dispute, not being a matter, claim or dispute in relation to any matter referred to in subsection 2, which arose before that day, shall be enforceable against the central government, or, where the undertakings of the two companies are directed, under section 6, to vest in government companies, against the concerned government company c no liability incurred by either of the two companies before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government, or, where the undertakings of the two companies are directed, under section 6, to vest in government companies, against the concerned government company.

section 9., of the undertakings of the two companies. of the hind cycles limited and senraleigh limited nationalisation act : the general superintendence, direction, control and management of the affairs and business of the undertakings of each of the two companies, the right, title and interest in relation to which have vested in the central government under section 3, shall, a where a direction has been made by the central government under subsection 1 of section 6, vest in the government company specified in such direction or b where no such direction has been made by the central government, vest in one or more custodians appointed by the central government under subsection 2, and thereupon the government company so specified or the custodian or custodians so appointed, as the case may be, shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as either, or both, of the two companies is or are, authorised to exercise and do in relation to its or their undertakings. 2 the central government may appoint one or more individuals or a government company as the custodian or custodians of the undertakings of either, or both, of the two companies in relation to which no direction has been made by it under subsection 1 of section 6. 3 the custodian or custodians so appointed shall receive, from the funds of the undertakings of the two companies, such remuneration as the central government may fix and shall hold office during the pleasure of the central government.

section 10. of the hind cycles limited and senraleigh limited nationalisation act : 1 on the vesting of the management of the undertakings of the two companies in government companies or on the appointment of a custodian or custodians, all persons in charge of the management of the undertakings of either of the two companies immediately before such vesting or appointment, shall be bound to deliver to the concerned government company or the custodian or custodians, as the case may be, all assets, books of account, registers or other documents in their custody relating to the undertakings. 2 the central government may issue such directions as it may deem desirable in the circumstances of the case to the government companies or the custodian or custodians, and such government companies or the custodian or custodians may also, if it is considered necessary so to do, apply to the central government at any time for instructions as to the manner in which the management of the undertakings of the two companies shall be conducted or in relation to any other matter arising in the course of such management.

section 11., in their possession. of the hind cycles limited and senraleigh limited nationalisation act : 1 any person who has, on the appointed day, in his possession or under his control any assets, books, documents or other papers relating to any undertaking owned by the two companies, which have vested in the central government or in government companies under this act, and which belong to the two companies, or would have so belonged, if the undertakings owned by the two companies had not vested in the central government or such government companies, shall be liable to account for the said assets, books, documents and other papers to the central government or the government companies and shall deliver them up to the central government or such government companies or to such person or persons as the central government or the concerned government company may specify in this behalf. 2 the central government or the government companies aforesaid may take or cause to be taken all necessary steps for securing possession of the undertakings of the two companies which have vested in the central government or the government companies under this act. 3 the two companies shall within such period as the central government may allow in this behalf, furnish to that government a complete inventory of all their properties and assets, as on the appointed day, pertaining to the undertakings which have vested in the central government under section 3, and, for this purpose, the central government or the government companies aforesaid shall afford to the two companies all reasonable facilities.

section 15. of the hind cycles limited and senraleigh limited nationalisation act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 7 and 8 to each of the two companies, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 12. of the hind cycles limited and senraleigh limited nationalisation act : the custodian or custodians of the undertakings of either, or both, of the two companies shall maintain an account of the undertakings of the concerned company or companies in such form and manner and under such conditions as may be prescribed and the provisions of the companies act, 1 of , shall apply to the audit of the accounts so maintained as they apply to the audit of the accounts of a company.

section 13.continuance of employees of the hind cycles limited and senraleigh limited nationalisation act : 1 every person who has been, immediately before the appointed day, employed in any undertaking of either of the two companies shall become, a on and from the appointed day, an employee of the central government, and b where the undertakings of the two companies are directed, under subsection 1 of section 6, to vest in government companies, an employee of the concerned government company on and from the date of such vesting or transfer and shall hold office or service under the central government or the concerned government company, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the central government or the concerned government company, as the case may be, is duly terminated or until his remuneration and other conditions of service are duly altered by the central government or the concerned government company, as the case may be. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of either of the two companies, to the central government or a government company, shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 17. of the hind cycles limited and senraleigh limited nationalisation act : 1 the central government or the concerned government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to either of the two companies in relation to the undertakings which have vested in the central government or the government company and realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the central government, or the concerned government company, as the case may be, may make a claim to the commissioner with regard to every payment made by that government or government company after the appointed day, for discharging any liability of either of the two companies, not being any liability specified in subsection 2 of section 5, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the central government or the government company. 3 save as otherwise provided in this act, the liabilities or either of the two companies in respect of any transaction prior to the appointed day which have not been discharged on or before the specified date shall be the liabilities of the respective company.

section 14. of the hind cycles limited and senraleigh limited nationalisation act : 1 where either of the two companies has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in any of its undertakings, the moneys relatable to the officers or other employees whose services have become transferred by or under this act to the central government or government company shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the central government or the concerned government company, as the case may be. 2 the moneys which stand transferred under subsection 1 to the central government or the government company, as the case may be, shall be dealt with by that government or government company in such manner as may be prescribed.

section 16. of the hind cycles limited and senraleigh limited nationalisation act : 1 the central government shall, within thirty days from the specified date, pay in cash to the commissioner, for payment to each of the two companies, a an amount equal to the amount specified against the name of such company in the first schedule and b an amount equal to the amount payable to each of the two companies under section 8. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the commissioner. 3 separate records shall be maintained by the commissioner in respect of the undertakings of each of the two companies in relation to which payments have been made to him under this act. 4 interest accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the two companies.

section 18. of the hind cycles limited and senraleigh limited nationalisation act : every person having a claim against either of the two companies with regard to any of the matters specified in the third schedule pertaining to any undertaking owned by it shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter

section 19. of the hind cycles limited and senraleigh limited nationalisation act : the claims made under section 18 shall have priorities in accordance with the following principles, namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii, and so on b the claims specified in each of the categories shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 25. of the hind cycles limited and senraleigh limited nationalisation act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 21. of the hind cycles limited and senraleigh limited nationalisation act : .1 after examining the claims with reference to the priorities specified in the third schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and in one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concerned company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he may hold his sitting and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavits d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the commissioner shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi, of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner, may prefer an appeal against such decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal, shall lie to the high court exercising jurisdiction over the place in which the registered office of the concerned company is situated and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 20. of the hind cycles limited and senraleigh limited nationalisation act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the third schedule and examine the same in accordance with such order. 2 if, on examination of the claims, the commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

section 22. of the hind cycles limited and senraleigh limited nationalisation act : after admitting a claim under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due, and on such payment, the liability of each of the two companies in respect of such claim shall stand discharged.

section 23. of the hind cycles limited and senraleigh limited nationalisation act : 1 if, out of the moneys paid to him in relation to the undertakings of either of the two companies, there is a balance left after meeting the liabilities as specified in the third schedule, the commissioner shall disburse such balance to the concerned company. 2 where the possession of any machinery, equipment or other property has vested in the central government or a government company under this act, but such machinery, equipment or other property does not belong to either of the two companies, it shall be lawful for the central government or the concerned government company, to continue to possess such machinery or equipment or other property on the same terms and conditions under which they were possessed by either of the companies immediately before the appointed day

section 27. of the hind cycles limited and senraleigh limited nationalisation act : any person who, a having in his possession, custody or control any property forming part of any undertaking of either of the two companies, wrongfully withholds such property from the central government or the government company concerned or b wrongfully obtains possession of or retains, any property forming part of any undertaking of either of the two companies or c wilfully withholds or fails to furnish to the central government or the government company concerned or any person or body of persons specified by that government or such government company, any document relating to such undertaking, which may be in his possession, custody or control or d fails to deliver to the central government or the government company concerned or any person or body of persons specified by that government or government company, any assets, books of account, registers or other documents in his possession, custody or control, relating to the undertakings of either of the two companies or e wrongfully removes or destroys any property forming part of any undertaking of either of the two companies or prefers any claim which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

section 24. of the hind cycles limited and senraleigh limited nationalisation act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner, before his office is finally would up, to the general revenue account of the central government but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for the payment of the claim being treated as an order for the refund of revenue.

section 26. of the hind cycles limited and senraleigh limited nationalisation act : every contract entered into by either of the two companies in relation to any of its undertakings which has vested in the central government under section 3 for any service, sale or supply, and in force immediately before the appointed day, shall, on and from the expiry of a period of thirty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified, in writing, by the central government or the government company concerned, in which such undertaking has been vested under this act and in ratifying such contract, the central government or such government company may make such alteration or modification therein as it may think fit: provided that the central government or the such government company shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the central government or such government company and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 33. of the hind cycles limited and senraleigh limited nationalisation act : 1 the hind cycles limited and senraleigh limited nationalisation ordinance, 16 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 28. of the hind cycles limited and senraleigh limited nationalisation act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm

section 29. of the hind cycles limited and senraleigh limited nationalisation act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of that government or the custodian or the government companies or other person authorised by that government or government companies for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any of its officers or other employees or the custodian or the government companies or any officer or other person authorised by those companies for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act

section 30. of the hind cycles limited and senraleigh limited nationalisation act : 1 the central government may, by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 31 and 32 may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 32. of the hind cycles limited and senraleigh limited nationalisation act : if any difficulty arises in giving effect to the provisions of this act, the central government may by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the appointed day.

section 31. of the hind cycles limited and senraleigh limited nationalisation act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely, a the time within which, and the manner in which, an intimation referred to in subsection 3 of section 4 shall be given b the form and manner in which, and the conditions under which, the custodian or custodians shall maintain the accounts as required by section 12 c the manner in which the moneys in any provident fund or other fund, referred to in section 14, shall be dealt with d any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the university of hyderabadact : 1 the president of india shall be the visitor of the university. 2 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the university, its buildings, laboratories and equipment, and of any college or institution maintained by the university and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university, colleges or institutions. 3 the visitor shall, in every case, give notice to the university of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the university shall have the right to make such representations to the visitor, as it may consider necessary. 4 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 2. 5 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry. 6 the visitor may, if the inspection or inquiry is made in respect of the university or any college or institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry, and the vicechancellor shall communicate to the executive council the views of the visitor with such advice as the visitor may be pleased to offer upon the action to be taken thereon. 7 the executive council shall communicate through the vicechancellor to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 8 where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall comply with such directions. 9 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or ordinances: provided that before making any such order, he shall call upon the university to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 10 the visitor shall have such other powers as may be prescribed by the statutes.

section 1. of the university of hyderabadact : 1 this act may be called the university of hyderabad act, . 2 it shall come into force on such date as the central government may, by notification in the official gazette, appoint.

section 7. of the university of hyderabadact : the university shall be open to persons of either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat or to enjoy or exercise any privilege thereof:hr1 provided that nothing in this section shall be deemed to prevent the university from making special provisions for admission of students of the weaker sections of the people and, in particular, of the scheduled castes and the scheduled tribes.

section 2. of the university of hyderabadact : in this act, and in all statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provicechancellor of the university e college means a college maintained by the university f court means the court of the university g department means a department of studies, and includes a centre of studies h employee means any person appointed by the university, and includes teachers and other staff of the university i executive council means the executive council of the university j hall means a unit of residence or of corporate life for the students of the university, college or institution, provided, maintained or recognised by the university k institution means an academic institution, not being a college, maintained by the university l principal means the head of a college or an institution m recognised institution means an institution of higher learning recognised by the university n recognised teachers means person working in any recognised institution or in any institution associated with the university and recognised by the university for the purpose of imparting instruction or conducting research or both o school means a school of studies of the university p statutes, ordinances and regulations, mean, respectively, the statutes, ordinances and regulations of the university for the time being in force q teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any college or institution maintained by the university and designated as teachers by the ordinances r university means the university of hyderabad.

section 4. of the university of hyderabadact : the objects of the university shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for integrated courses in humanities and science in the educational programmes of the university and to take appropriate measures for promoting interdisciplinary studies and research in the university.

section 9. of the university of hyderabadact : the governor of the state of andhra pradesh shall be the chief rector of the university.

section 10. of the university of hyderabadact : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellor or, if more than one are appointed, the provicechancellors 4 the deans of schools 5 the registrar 6 the finance officer and 7 such other officers as may be declared by the statutes to be officers of the university.

section 5. of the university of hyderabadact : the university shall have the following powers, namely: 1 to provide for instructions in such branches of learning as the university may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge 2 to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees and other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause 3 to organise and to undertake extramural studies and extension services 4 to confer honorary degrees or other distinctions in the manner prescribed by the statutes 5 to provide instruction, including correspondence and such other courses, to such persons as are not members of the university, as it may determine 6 to institute principalships, professorships, readerships, lecturerships, and other teaching or academic posts required by the university and to appoint persons to such principalships, professorships, readerships, lecturerships or other posts 7 to recognise an institution of higher learning for such purposes as the university may determine and to withdraw such recognition 8 to recognise persons working in any recognised institution or in any institution associated with the university for imparting instruction or supervising research or both, and to withdraw such recognition 9 to appoint persons working in any other university ororganisation as teachers of the university for a specified period 10 to create administrative, ministerial and other posts and to make appointments thereto 11 to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine 12 to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the university, necessary for the furtherance of its objects 13 to institute and award fellowships, scholarships, studentships, medals and prizes 14 to establish and maintain colleges, institutions and halls 15 to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as the university may deem necessary 16 to declare a college an institution or a department as an autonomous college or institution or department as the case may be 17 to determine standards for admission into the university, which may include examination, evaluation or any other method of testing 18 to demand and receive payment of fees and other charges 19 to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare 20 to make special arrangements in respect of women students as the university may consider desirable 21 to regulate and enforce discipline among the employees and students of the university and take such disciplinary measures in this regard as may be deemed by the university to be necessary 22 to make arrangements for promoting the health and general welfare of the employees 23 to receive donations and to acquire, hold, manage and dispose of any property, movable or immmovable, including trust and endowment properties for the purposes of the university 24 to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university 25 to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the university.

section 3. of the university of hyderabadact : 1 there shall be established, in the state of andhra pradesh, a university by the name of university of hyderabad. 2 the headquarters of the university shall be at hyderabad and it may establish campuses at such other places within its jurisdiction as it may deem fit. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of university of hyderabad. 4 the university shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

section 6. of the university of hyderabadact : 1 the jurisdiction of the university shall extend to the whole of the state of andhra pradesh. 2 no institution affiliated to or associated with or maintained by any other university in the state of andhra pradesh shall be recognised by the university of hyderabad for any purpose except with the prior approval of the government of the state of andhra pradesh and the concerned university

section 14. of the university of hyderabadact : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 11. of the university of hyderabadact : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocations of the university held for conferring degrees.

section 16. of the university of hyderabadact : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 17. of the university of hyderabadact : the manner of appointment and powers and duties of other officers of the university shall be prescribed by the statutes.

section 12. of the university of hyderabadact : 1 the vicechancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university, and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matter: provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes or ordinances.

section 19. of the university of hyderabadact : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to consider and pass resolutions on the annual report and the annual accounts of the university and the audit report on such accounts c to advise the visitor in respect of any matter which may be referred to it for advice and d to perform such other functions as may be prescribed by the statutes.

section 13. of the university of hyderabadact : .every provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 21. of the university of hyderabadact : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its members and its powers and functions shall he prescribed by the statutes.

section 15. of the university of hyderabadact : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the university and shall exercise such other powers and perform such other duties as may be prescribed by the statutes.

section 23. of the university of hyderabadact : 1 there shall be constituted a planning board of the university which shall advise generally on the planning and development of the university and keep under review the standard of education and research in the university. 2 the constitution of the planning board and the manner of appointment of its members shall be prescribed by the statutes. 3 the visitor may determine a date with effect from which the planning board shall stand dissolved.

section 18. of the university of hyderabadact : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the boards of schools and 5 such other authorities as may be declared by the statutes to be authorities of the university.

section 27. of the university of hyderabadact : 11the authorities of the university may make regulations consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this act, the statutes or the ordinances in the manner prescribed by the statutes. 2 2 every statute, ordinance or regulation made under this act shall be published in the official gazette. 3 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 1. section 27 renumbered as subsection 1 thereof by act 4 of , s. 2 and the schedule w.e.f. . 2. ins. by s. 2 and the schedule, ibid. w.e.f. .

section 20. of the university of hyderabadact : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 22. of the university of hyderabadact : the constitution, powers and functions of the boards of schools and of such other authorities as may be declared by the statutes to be authorities of the university, shall be prescribed by the statutes.

section 29. of the university of hyderabadact : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall once at least every year and at interevals of not more than fifteen months be audited by the comptroller and auditorgeneral of india. 2 the annual accounts when audited shall be published in the gazette of india and a copy of the accounts together with the report of the comptroller and auditorgeneral shall be submitted to the court and the visitor along with the observations of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the court and the observations of the court, if any, shall, after being considered by the executive council, be submitted to the visitor. 4 a copy of the accounts together with the report of the comptroller and auditorgeneral of india, as submitted to the visitor, shall also be submitted to the central government who shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 28. of the university of hyderabadact : 1 the annual report of the university shall be prepared under the direction of the executive council and shall be submitted to the court on or after such date as may be prescribed by the statutes and the court shall consider the report in its annual meeting. 2 the court shall submit the annual report to the visitor along with its comments, if any. 3 3 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament. 1. ins. by act 25 of , s. 10 w.e.f. .

section 24. of the university of hyderabadact : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities and other bodies of the university, as may be constituted from time to time b the election and continuance in office of the members of the said authorities and bodies, the filling of vacancies of members, and all other matters relative to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments and other terms and conditions of service d the appointment of teachers of the university and other academic staff and their emoluments and other terms and conditions of service e the appointment of teachers and other academic staff working in any other university or organisation for a specified period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing seniority of service of employees h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the establishment and recognition of students union or associations of teachers, academic staff or other employees k the participation of students in the affairs of the university l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the maintenance of discipline among the students p the establishment and abolition of schools, departments, halls, colleges and institutions q the extent of autonomy which a college, institution or department may have and the matters in relation to which such autonomy may be exercised r the delegation of powers vested in the authorities or officers of the university and s all other matters which by this act are to be, or may be, provided by the statutes.

section 31. of the university of hyderabadact : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examinations of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsection 2 of section 30 shall, as far as may be, apply to a reference made under this subsection.

section 25. of the university of hyderabadact : 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in the subsection 1: provided that the executive council shall not make, amend or repal any statute affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the executive council. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the approval of the visitor who may assent thereto or withhold assent or remit the same to the executive council for consideration. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1 during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament.

section 26. of the university of hyderabadact : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same d the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university e the conditions of award of fellowships, scholarships, studentships, medals and prizes f the conduct of examinations, including the term of office and of appointment and the duties of examining bodies, examiners and moderators g the conditions of residence of the students of the university h the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them i the appointment and emoluments of employees other than those for whom provision has been made in the statutes j the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees k the terms and conditions of the recognition of institutions of higher learning and its withdrawal l the terms and conditions on which persons working in any recognised institution or in any institution associated with the university may be recognised as teachers and for withdrawing such recognition m the manner of cooperation or collaboration or association with other universities, authorities or institutions of higher learning n the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university o such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes p the management of colleges and institutions established by the university and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 32. of the university of hyderabadact : every employee or student of the university shall, notwithstanding anything contained in this act, have a right to appeal, within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university and thereupon the executive council may confirm, modify or reverse the decision appealed against.

section 30. of the university of hyderabadact : 1 every employee shall be appointed under a written contract which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of a contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee concerned and an umpire appointed by the visitor. the decision of the tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the tribunal. every such request shall be deemed to be a submission to arbitration, upon the terms of this section, within the meaning of the arbitration act, 2 of .

section 33. of the university of hyderabadact : 1 the university shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident or pension fund has been so constituted, the central government may declare that the provisions of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 40. of the university of hyderabadact : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act.

section 34. of the university of hyderabadact : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 35. of the university of hyderabadact : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons if any as the authority in each case may think fit.

section 36. of the university of hyderabadact : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or coopted the member whose place has become vacant and the person appointed, elected or coopted to a casual vacancy shall be member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 37. of the university of hyderabadact : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 41. of the university of hyderabadact : notwithstanding anything contained in this act and the statutes a the first chancellor and the first vicechancellor shall be appointed by the visitor and each of the said officers shall hold office for a term of five years b the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years c the first court and the first executive council shall consist of not more than thirty members and eleven members respectively, who shall be nominated by the visitor and shall hold office for a term of three years d the academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred. e the first academic council shall be constituted on the expiry of a period of one year from the commencement of this act and during the said period of one year, the powers of the academic council shall be performed by the planning board constituted under section 23.

section 38. of the university of hyderabadact : no suit or other legal proceeding shall lie against any officer or employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or ordinances.

section 39. of the university of hyderabadact : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 5. of the special criminal courts jurisdiction act : 1 the special criminal courts jurisdiction ordinance, 7 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this act were in force on the day on which such thing was done or action was taken.

section 1. of the special criminal courts jurisdiction act : 1 this act may be called the special criminal courts jurisdiction act, . 2 it extends to the whole of india except 1 the territories which, immediately before the 1st november, , were comprised in part b states. 1. subs. by the adaptation of laws no. 3 order, , for part b states.

section 2. of the special criminal courts jurisdiction act : in this act, special criminal court means any special court of criminal jurisdiction constituted by or under any law included in the schedule.

section 4. of the special criminal courts jurisdiction act : the central government may, by notification in the official gazette, add to the schedule any other state law providing for the trial of offences by special criminal courts, and any such addition shall take effect as if such law had been included in the schedule by this act.

section 3. of the special criminal courts jurisdiction act : notwithstanding anything contained in law for the time being in force, it shall be lawful for any special criminal court to try offences against laws with respect to any of the matters enumerated in list i in the seventh schedule to the constitution, if such court is otherwise competent to try such offence under the law constituting it.

section 5. of the railways employment of members of the armed forces act : 1 the railways employment of members of the armed forces ordinance, ord. 4 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act as if this act had commenced on the 29th day of september, .

The Railways (Employment of Members of the Armed Forces) Act, 1965

section 1. of the railways employment of members of the armed forces act : 1 this act may be called the railways employment of members of the armed forces act, . 2 it extends to the whole of india.

section 4. of the railways employment of members of the armed forces act : if at any time the whole of the working, management and maintenance of a railway, or of a specific portion or section of a railway, is assumed by the armed forces of the union, the central government may notify the fact of such assumption in the official gazette, and thereupon, so long as such assumption continues, the indian railways act, 9 of , shall cease to be applicable to the railway or the portion or section of the railway concerned.

section 2. of the railways employment of members of the armed forces act : words and expressions used in this act and defined in the indian railways act, 9 of , shall have the meanings respectively assigned to them in that act.

section 3. of the railways employment of members of the armed forces act : 1 when any member of the armed forces of the union is employed to assist a railway administration in connection with the service of a railway, then, whether such employment was before or is after the commencement of this act, a any provision of the indian railways act, 9 of , or of the rules made thereunder, which confers a power, status or immunity, or imposes a duty or liability, upon a railway servant, in connection with the working, use, management and maintenance of railways, shall be construed as conferring the same power, status or immunity or imposing the same duty or liability, as the case may be, upon such member of the armed forces of the union when so employed b the employment of a member of the armed forces of the union, in addition to or in the place of any railway servant, shall not affect any liability that would have attached to the railway administration had such member been a railway servant. 2 nothing in subsection 1 shall be construed as making applicable to the members of the armed forces of the union employed to assist a railway administration the provisions of chapter via of the indian railways act, 9 of , or as derogating from any provision of a law regulating the governance, control and discipline of the members of the armed forces of the union.

section 6. of the stateassociated banks miscellaneous provisions act : amendment of the state bank of kurundwad junior act, . rep. by the repealing and amending act, 56 of , s. 2 and first schedule w.e.f. .

section 1. of the stateassociated banks miscellaneous provisions act : 1 this act may be called the stateassociated banks miscellaneous provisions act, . 2 section 3, except clauses ii, iv, and vii thereof, shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and the rest of this act shall come into force at once. 1. 1st january, : vide notification no.g.s.r., dated 18th december, , see gazette of india, extraordinary, part ii sec. 3i.

section 5. of the stateassociated banks miscellaneous provisions act : 1 notwithstanding anything to the contrary contained in any other law or in any order or other instrument a the central government may by order appoint one or more officers to take over the management of the dholpur bank or to wind up its affairs and distribute its assets and any expenditure incurred in connection with such appointment, management, winding up or distribution shall be payable by that bank b the principal civil court of original jurisdiction in the district in which the dholpur banks head office is situated shall have exclusive jurisdiction to entertain and decide any claim made by or against the dholpur bank or any question whatever, whether of law or of fact, which may relate to or arise in the course of the winding up of that bank, whether such claim or question has accrued or arisen before or accrues or arises after the date of the winding up order, and any suit or other legal proceeding, whether of a civil or criminal nature, relating to any such claim or question and pending in any other court at the commencement of this act shall not be proceeded with except in accordance with this section c in regard to the admissibility of the entries in the books of account as evidence in the course of the proceedings for the winding up of the bank, the settlement of the list of debtors of the bank, the passing of orders for the payment of the amounts due by the said debtors, the execution of the said orders or any other orders or decrees of the court, the priority of the claims on the bank, the making of preferential payments and the discharge of the other liabilities of the bank and any other incidental or connected matters, the law relating to the winding up of banking companies, as in force for the time being, shall apply as if the dholpur bank were a banking company d the period of limitation for any suit or application relating to any payment due to the dholpur bank which has accrued before or may accrue on or after the date of the first appointment of the officer in change of winding up of the bank shall be twelve years from the date of the accrual of the claim or five years from the date of such first appointment of the officer aforesaid, whichever may end later and e after the repayment of all the deposit liabilities and any other amounts due to be paid by the bank including the amounts due to the government of rajasthan, the remaining assets, if any, of the bank shall be utilised, as far as may be, for the purposes and objects specified in the state bank, dholpur act, , and other relevant documents. 2 in this section, dholpur bank means the bank known as the dholpur state bank and governed at the commencement of this section by the state bank, dholpur act, .

section 2. of the stateassociated banks miscellaneous provisions act : amendment of act 23 of . rep. by the repealing and amending act, 56 of , s. 2 and first schedule w.e.f. .

section 3. of the stateassociated banks miscellaneous provisions act : amendment of act 38 of . rep. by s. 2 and first schedule, ibid. w.e.f. .

section 4. of the stateassociated banks miscellaneous provisions act : amendment of act 18 of . rep. by s. 2 and the first schedule, ibid. w.e.f. .

section 1. of the easements extending act 5 of : the indian easements act, v of , is hereby extended to the territories respectively administered by the governor of bombay in council and the lieutenantgovernor of the 1northwestern provinces and chief commissioner of oudh. 1. now uttar pradesh.

section 8. of the emigration act : the protector general of emigrants, protectors of emigrants, the officers in charge of emigration checkposts, emigration officers and emigration employees appointed under this act shall be public servants within the meaning of section 21 of the indian penal code 45 of .

section 1. of the emigration act : 1 this act may be called the emigration act, . 2 it extends to the whole of india and applies also to citizens of india outside india. 3 it shall come into force on such date 1 as the central government may, by notification, appoint and different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the commencement of that provision. 1 30th december, , vide notification no. s.o. 940e, dated 30th december, , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 2. of the emigration act : 1 in this act, unless the context otherwise requires, a certificate means a certificate of registration issued under section 11 b conveyance includes a vessel, vehicle, countrycraft and an aircraft c dependent means any person who is related to an emigrant and is dependent on that emigrant d emigrant means any citizen of india who intends to emigrate, or emigrates, or has emigrated but does not include i a dependent of an emigrant, whether such dependent accompanies that emigrant, or departs subsequently for the purpose of joining that emigrant in the country to which that emigrant has lawfully emigrated ii any person who has resided outside india at any time after attaining the age of eighteen years, for not less than three years or the spouse or child of such person e emigrant conveyance means any conveyance specially chartered for conveyance of emigrants or for conveying emigrants exceeding such number as may be prescribed: provided that the central government may, by notification, declare that any conveyance conveying emigrants to such place as may be specified in the notification shall not be deemed to be an emigrant conveyance f emigrate and emigration mean the departure out of india of any person with a view to taking up any employment whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruiting agent or employer in any country or place outside india g employer means any person providing or offering to provide, employment in any country or place outside india h employment means any service, occupation or engagement not being service, occupation or engagement under the central government or a state government, in any kind of work within the meaning of clause o, for wages or for reward, and all its grammatical variations and cognate expressions shall be construed accordingly i notification means a notification published in the official gazette j prescribed means prescribed by rules made under this act k protector of emigrants means a protector of emigrants appointed under section 3 and includes a person authorised under section 5 l recruiting agent means a person engaged in india in the business of recruitment for an employer and representing such employer with respect to any matter in relation to such recruitment including dealings with persons so recruited or desiring to be so recruited m recruitment includes the issuing of any advertisement for the purpose of recruitment, the offering by advertisement to secure or assist in securing any employment in any country or place outside india and the entering into any correspondence, negotiation, agreement or arrangement with any individual for or in relation to the employment of such individual in any country or place outside india n registering authority means the officer appointed under section 9 to be the registering authority for the purposes of this act o work means i any unskilled work, including any form of industrial or agricultural labour ii any domestic service iii any service, not being a service in a managerial capacity, in any hotel, restaurant, teahouse or other place of public resort iv work as a driver of a truck or other vehicle, mechanic, technician or skilled labourer or artisan v work as an office assistant or accountant or typist or stenographer or salesman, or nurse or operator of any machine vi work in connection with, or for the purposes of, any cinema, exhibition or entertainment vii any such work of a professional or of any other nature as the central government may, having regard to the need for the protection of citizens of india who may be employed in such work outside india and other relevant circumstances, specify by notification: provided that the central government may, if satisfied that it is necessary so to do having regard to the conditions of service applicable with respect to employment in any of the aforementioned categories of work or any subcategory thereof, whether generally or in relation to any particular country or place and other relevant circumstances, declare by notification that such category of work or subcategory of work shall not be deemed to be work within the meaning of this definition. 2 any reference in this act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

section 7. of the emigration act : the central government may appoint such other officers and employees hereinafter referred to as the emigration officers and emigration employees, as it may think fit, to assist the protector general of emigrants and the protectors of emigrants in the performance of their duties under this act.

section 3. of the emigration act : 1 the central government may, by notification, appoint a protector general of emigrants and as many protectors of emigrants, as it deems fit, for the purposes of this act. 2 the central government may, by general or special order, define the area to which the authority of a protector of emigrants so appointed shall extend and, where two or more protectors of emigrants are appointed for the same area, also provide, by such order, for the distribution and allocation of the work to be performed under this act in relation to such area. 3 the protectors of emigrants shall perform the functions assigned to them by or under this act under the general superintendence and control of the protector general of emigrants. 4 the protector general of emigrants may, in addition to the special function assigned to him by or under this act, perform all or any of the functions assigned to any protector of emigrants.

section 9. of the emigration act : the central government may, by notification, appoint the protector general of emigrants or any other officer of that government of a rank higher than that of a protector of emigrants to be the registering authority for the purposes of this act.

section 5. of the emigration act : the central government may, if satisfied that it is necessary so to do in the interest of emigrants or intending emigrants, authorise any person to perform all or any of the functions of a protector of emigrants under this act.

section 10. of the emigration act : save as otherwise provided in this act, no recruiting agent shall, after the commencement of this act, commence or carry on the business of recruitment except under and in accordance with a certificate issued in that behalf by the registering authority: provided that a person carrying on the business of recruiting agent immediately before the commencement of this act may continue to carry on such business without such a certificate for a period of one month from such commencement, and if he has made an application for such certificate under this act within the said period of one month and such application is in the prescribed form and contains the prescribed particulars, till the disposal of such application by the registering authority.

section 4. of the emigration act : subject to the other provisions of this act, every protector of emigrants shall, in addition to the special duties assigned to him by or under this act a protect and aid with his advice all intending emigrants and emigrants b cause, so far as he can, all the provisions of this act and of the rules made thereunder to be complied with c inspect, to such extent and in such manner as may be prescribed i any emigrant conveyance, or ii any other conveyance if he has reason to believe that any intending emigrants or emigrants are proceeding from, or returning to, india to or from a place outside india by such other conveyance d inquire into the treatment received by emigrants during their voyage or journey to, and during the period of their residence in the country to which they emigrated and also during the return voyage or journey to india and report thereon to the protector general of emigrants or such other authority as may be prescribed e aid and advise, so far as he reasonably can, emigrants who have returned to india.

section 6. of the emigration act : 1 where the central government considers that, with a view to preventing or checking the contravention of the provisions of this act, it is necessary so to do, it may, by notification, set up such number of emigration checkposts at such places as may be specified. 2 the central government may, by general or special order made in this behalf, appoint an officer of the central government or of a state government to be an officer in charge of an emigration checkpost set up under subsection 1. 3 an officer in charge of an emigration checkpost shall be subject to the general control and supervision of the protector of emigrants within the local limits of whose jurisdiction that emigration checkpost is situated.

section 11. of the emigration act : 1 an application for registration shall be made to the registering authority in such form and shall contain such particulars as to the applicants financial soundness, trustworthiness, premises at which he intends to carry on his business, facilities at his disposal for recruitment, his antecedents including information as to whether any certificate had been issued to him under this chapter earlier and if so, whether such certificate had been cancelled and previous experience, if any, of recruitment and other relevant matters as may be prescribed and shall be accompanied by a receipt evidencing the payment of the prescribed fee and an affidavit giving his current financial standing and an undertaking in the form prescribed to the effect that in the event of any information furnished in or along with the application for registration being found to be false or incorrect in any respect, the certificate shall be liable to be cancelled at any time in accordance with the procedure prescribed: provided that no application shall be entertained under this subsection from a person disqualified under subsection 6 of section 14 till the expiry of the period of such disqualification. 2 on receipt of such application, the registering authority shall, a if the application is not in the prescribed form or does not contain any of the prescribed particulars, return the application to the applicant b if the application is in the prescribed form and contains the prescribed particulars, inform the applicant that he is eligible for the grant of the certificate applied for and, after giving the applicant an opportunity to be heard, determine, under subsection 3, the amount of the security which the applicant shall furnish. 3 the registering authority shall, for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under subsection 2 to an applicant and for securing compliance with the provisions of this act and the rules made thereunder and for meeting expenses which may have to be incurred in the event of the repatriation to india of any of the emigrants who may be recruited by the applicant determine, in accordance with the rules made in this behalf, the amount of security not being in any case less than one lakh of rupees which shall be furnished by the applicant. 4 if an applicant furnishes in the prescribed manner the amount of security determined under subsection 3 within a period of one month from the date on which the registering authority requires him to furnish such security, he shall be issued the certificate applied for by him together with an endorsement thereon to the effect that the security required has been furnished by him. 5 if an applicant fails to furnish the security required to be furnished by him within the period specified in subsection 4, his application shall be deemed to have been rejected by the registering authority on the date of expiry of that period.

section 18. of the emigration act : a permit issued under section 17 shall be valid till the expiry of such period, not exceeding one year, as may be prescribed, from the date of issue thereof, or till the recruitment or the persons for whose recruitment such permit is issued is completed, whichever is earlier: provided that where the holder of the permit has been unable for sufficient cause, to complete such recruitment before the expiry of the prescribed period, the prescribed authority may, subject to rules made in this behalf, extend the period of validity of the permit by such further period or periods, not exceeding three months at a time.

section 12. of the emigration act : a certificate issued under section 11 shall be a in such form as may be prescribed b valid for such period not exceeding five years as may be prescribed: provided that a certificate may be issued for a period shorter than the prescribed period i if the person to whom it is issued so desires or ii if the registering authority, for reasons to be communicated in writing to the applicant for the certificate, considers in any case that the certificate should be issued for a shorter period c subject to such other terms and conditions, including in particular, the maintenance by the holder of the certificate of the prescribed records containing details of his financial transactions in regard to recruitment, persons recruited or assisted to emigrate by him, employers concerned, contracts and other arrangements entered into in connection with recruitment, as may be prescribed: provided that a certificate may contain, in addition to the prescribed terms and conditions, such other terms and conditions as the registering authority may, for securing the purposes of this act, impose in any particular case.

section 13. of the emigration act : a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder including provisions as to fees shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made not less than three months prior to the date on which the certificate, would, but for such renewal, cease to be valid: provided further that the registering authority may entertain an application for the renewal of a certificate which has been made at any time during the period of three months prior to the date on which the certificate would, but for such renewal, cease to be valid if the applicant satisfied the registering authority that he had sufficient cause for not making such application before the said period.

section 14., of a certificate. of the emigration act : 1 the registering authority may cancel any certificate on any one or more of the following grounds and on no other ground namely: a that having regard to the manner in which the holder of the certificate has carried on his business or any deterioration in his financial position, the facilities at his disposal for recruitment, the holder of the certificate is not a fit person to continue to hold the certificate b that the holder of the certificate has recruited emigrants for purposes prejudicial to the interests of india or for purposes contrary to public policy c that the holder of the certificate has, subsequent to the issue of the certificate, been convicted in india for any offence involving moral turpitude d that the holder of the certificate has, subsequent to the issue of the certificate, been convicted by a court in india for any offence under this act, the emigration act, 7 of , or any other law relating to passports, foreign exchange, drugs, narcotics or smuggling and sentenced in respect thereof to imprisonment for not less than six months e that the certificate has been issued or renewed on misrepresentation or suppression of any material fact f that the holder of the certificate has violated any of the terms and conditions of the certificate g that in the opinion of the central government it is necessary in the interests of friendly relations of india with any foreign country or in the interests of the general public to cancel the certificate. 2 where the registering authority, for reasons to be recorded in writing, is satisfied that pending the consideration of the question of cancelling any certificate on any of the grounds mentioned in subsection 1 it is necessary so to do, the registering authority may, by order in writing, suspend the operation of the certificate for such period not exceeding thirty days as may be specified in the order and require the holder of the certificate to show cause, within fifteen days from the date of receipt of such order, as to why the suspension of the certificate should not be extended till the determination of the question as to whether the registration should be cancelled. 3 a court convicting a holder of a certificate for an offence under this act may also cancel the certificate: provided that if the conviction is set aside in appeal or otherwise, the cancellation under subsection 3 shall become void. 4 an order of cancellation of a certificate may be made under subsection 3 by an appellate court or by a court exercising its powers of revision. 5 before passing an order cancelling or suspending a certificate the registering authority or the court, as the case may be, shall consider the question as to the provisions and arrangements which should be made for safeguarding the interests of emigrants and other persons with whom the holder of the certificate had any transactions in the course of his business as recruiting agent and may make such orders including orders permitting the holder of the certificate to continue to carry on his business with respect to all or any such emigrants and other persons as it may consider necessary in this behalf. 6 where a certificate issued to any person has been cancelled under this section, such person shall not be eligible to make any application for another certificate under this chapter until the expiry of a period of two years from the date of such cancellation.

section 15. of the emigration act : 1 the central government may, by notification, appoint the protector general of emigrants or any other officer of that government of a rank higher than that of a protector of emigrants to be the authority hereinafter referred to as the competent authority for issuing permits under this chapter. 2 notwithstanding anything contained in subsection 1, the central government may, by notification, authorise any person who is employed under that government in any country or place outside india to exercise the powers of the competent authority, and issue permits under this chapter to employers who are not citizens of india for the purpose of recruiting any citizen of india for employment in such country or place and a person so authorised shall endorse a duly certified copy of every permit issued by him under this chapter to the protector general of emigrants.

section 17. of the emigration act : 1 an employer desiring to obtain a permit under this chapter may make an application in that behalf in the prescribed form to the competent authority. 2 on receipt of such application, the competent authority shall, subject to any rules made in this behalf, make such inquiry as he may deem necessary and grant the permit applied for or reject the application: provided that before granting a permit the competent authority may require the applicant to comply with such conditions as may be prescribed, including conditions as to furnishing of security and such other conditions as that authority may, for reasons to be recorded in writing, deem necessary in the interests of the citizens of india likely to be recruited by the applicant. 3 subject to the other provisions of this act, the competent authority may reject an application under subsection 1 on any one or more of the following grounds and on no other ground, namely: a that the application is not complete in all respects or that any of the material particulars furnished in the application are not true b that the terms and conditions of employment which the applicant proposes to offer to persons recruited or proposed to be recruited by him are discriminatory or exploitative c that the employment which the applicant proposes to offer involves work of a nature which is unlawful according to the laws of india or offends against the public policy of india or is violative of norms of human dignity and decency d that having regard to the antecedents of the applicant, his financial standing, the facilities at his disposal, the working and living conditions of persons employed by him in the past, it would not be in the public interest or in the interests of the persons who may be recruited by him, to issue a permit to him e that having regard to the prevailing circumstances in the country or in the place where the applicant proposes to employ the persons recruited by him, it would not be in the interests of any citizen of india to emigrate for taking up such employment. 4 where the competent authority makes an order under subsection 2 rejecting an application, he shall record in writing a brief statement of his reasons for making such order and furnish the applicant, on demand, a copy of the same: provided that if the competent authority is of the opinion that it is necessary or expedient in the interests of friendly relations with a foreign country or in the interests of the general public so to do, he may refuse to provide such copy or, as the case may be, furnish a copy of only such parts of the statement as he may deem fit.

section 16. of the emigration act : save as otherwise provided by or under this act, no employer shall recruit any citizen of india for employment in any country or place outside india except a through a recruiting agent competent under this act to make such recruitment, or b in accordance with a valid permit issued in this behalf under this chapter.

section 19. of the emigration act : any permit obtained from a person authorised under subsection 2 of section 15 shall not be valid unless a certified copy thereof is filed in the prescribed manner with the protector general of emigrants.

section 20. of the emigration act : the provisions of section 14 relating to cancellation and suspension of a certificate referred to therein shall, subject to such modifications as may be necessary including modifications for construing the references in that section to registering authority as references to competent authority under this chapter, apply for the cancellation or suspension of a permit.

section 22., as to emigration clearance. of the emigration act : 1 no citizen of india shall emigrate unless he obtains under this chapter from the protector of emigrants authorisation in the prescribed manner and form such authorisation being hereinafter referred to as emigration clearance for emigration. 2 an application for emigration clearance shall be in the prescribed form, shall contain the prescribed particulars and shall be made by the emigrant concerned to the protector of emigrants: provided that such application may be made through the recruiting agent, if any, through whom the emigrant has been recruited or through the employer concerned. 3 every application under subsection 2 shall be accompanied by a a true copy verified and authenticated in the prescribed manner of the agreement with respect to the employment for the taking up of which the applicant proposes to emigrate and where such agreement does not provide for all or any of the prescribed matters, also a statement verified and authenticated in the prescribed manner setting out the particulars with respect to such matters b a statement verified and authenticated in the prescribed manner as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to india of the applicant c a receipt evidencing the payment of the prescribed fee d such other relevant documents or copies of relevant documents as may be prescribed. 4 the protector of emigrants shall, after satisfying himself about the accuracy of the particulars mentioned in the application and in the other documents submitted along with the application, authorise in the prescribed manner and form, the emigration of the applicant or intimate by order in writing the applicant or, as the case may be, the recruiting agent or employer through whom the applications have been made about the deficiencies and required him to make good such deficiencies within such time as may be specified in the order or reject the application. 5 subject to the other provisions of this act, the protector of emigrants may reject an application for emigration clearance under this section on any one or more of the following grounds and on no other ground, namely: a that the terms and conditions of employment which the applicant proposes to take up are discriminatory or exploitative b that the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of india or offends against the public policy of india or is violative of norms of human dignity and decency c that the applicant will have to work or live in substandard working or living conditions d that having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents of the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interests of the applicant to emigrate e that no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to india of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose. 6 every order rejecting an application for emigration clearance shall set out clearly the ground or grounds on which the order has been made and the facts or circumstances on which such ground or grounds are based.

section 21. of the emigration act : the central government may, if satisfied that it is necessary or expedient so to do in the public interest, by notification and subject to such conditions, if any, as may be specified in the notification, exempt any class or classes of employers from the requirement of obtaining a permit under this chapter.

section 26. of the emigration act : notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act shall be cognizable.

section 23. of the emigration act : 1 any person aggrieved by a an order of the registering authority rejecting his application for registration or requiring him to furnish any security or to comply with any term or condition not being a prescribed term or condition specified in the certificate issued to him or suspending or cancelling or refusing to renew the certificate issued to him or b an order of the competent authority rejecting his application for a permit or requiring him to comply with any terms or conditions not being a prescribed term or condition specified in the permit issued to him, or suspending or cancelling or refusing to extend the period of the validity of the permit issued to him or c an order of the protector of emigrants rejecting his application for emigration clearance or d an order of the registering authority or the competent authority or the protector of emigrants or the prescribed authority requiring him to furnish any security, additional security or fresh security under this act, or forfeiting or rejecting his claim for refund whether wholly or partly in either case of the security, the additional security or the fresh security furnished by him may prefer an appeal against such order to the central government within such period as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within that period. 3 the period prescribed for an appeal shall be computed in accordance with the provisions of the limitation act, 36 of , with respect to the computation of periods thereunder. 4 every appeal under this section shall be made in such form as may be prescribed and shall be accompanied by a copy of the order appealed against and by such fee as may be prescribed. 5 the procedure for disposing of an appeal including remand of the matter for further consideration to the authority whose order has been appealed against shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of representing his case. 6 every order made on an appeal under this section confirming, modifying or reversing the order appealed against shall be final.

section 24. of the emigration act : 1 whoever a except in conformity with the provisions of this act emigrates or b contravenes the provisions of section 10 or section 16 or c by intentionally furnishing any false information or suppressing any material information obtains a certificate or a permit or an emigration clearance under this act or d without lawful authority makes or causes to be made any alteration in any certificate or permit or in any document or endorsement by way of emigration clearance issued or made under this act or e disobeys or neglects to comply with any order of the protector of emigrants under this act or f collects from an emigrant any charges in excess of the limits prescribed under this act or g cheats any emigrant shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: provided that in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees. 2 whoever attempts to commit any offence under subsection 1 shall be punishable with the punishment provided for such offence under that subsection. 3 whoever contravenes any term or condition subject to which any emigration clearance has been given under this act, shall, if no other punishment is provided elsewhere in this act for such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. 4 whoever abets any offence punishable under this act shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence. 5 whoever, having been convicted of an offence under any provision of this act is again convicted of an offence under the same provision, shall be punishable, for the second and for each subsequent offence, with double the penalty provided for that offence.

section 25. of the emigration act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 27. of the emigration act : no prosecution shall be instituted against any person in respect of any offence under this act without the previous sanction of the central government or such officer or authority as may be authorised by that government by order in writing in this behalf: provided that no sanction shall be required when an offence has been committed in respect of an emigrant or an intending emigrant and the complaint is filed by such emigrant or intending emigrant, or on behalf of such emigrant or intending emigrant, by the father, mother, husband, wife, son, daughter, brother, sister or guardian of such emigrant or intending emigrant, or if such emigrant or intending emigrant is a member of a joint hindu family, by the manager of that family.

section 32. of the emigration act : 1 where the central government considers that in the interests of the general public, immigration of any class or category of persons, having regard to their age, sex or other relevant factors, to any country should be prohibited, it may, by notification, prohibit the emigration to such country of such class or category of persons as may be specified in the notification. 2 a notification issued under subsection 1 shall have effect for such period not exceeding six months as may be specified in the notification: provided that if the central government has reason to believe that any of the grounds mentioned in subsection 1 continues to exist, it may, from time to time, by notification, prohibit emigration of such class or category of persons to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.

section 28. of the emigration act : the award of punishment for an offence under this act shall be without prejudice to any other action which has been or which may be taken under this act with respect to such contravention.

section 29. of the emigration act : where a question arises before a protector of emigrants as to whether a person intending to depart from india is or is not an emigrant, the protector of emigrants shall decide the question after holding an inquiry in such manner and upon considering such evidence as may be prescribed and such other evidence as may be relevant, and communicate the decision to such person in the prescribed manner.

section 35. of the emigration act : all the powers for the time being conferred by the customs act, 52 of , on officers of customs with regard to the searching and detention of persons, vessels or aircraft or any other conveyance, or seizure of any document or thing or arrest of any person or otherwise for the purpose of prevention or detection of any offence under that act or for apprehending a person suspected to have committed any offence under that act may be exercised, for the purpose of prevention or detection of any offence under this act or for apprehending a person suspected to have committed any offence under this act, by a any such officer of customs, or b the protector general of emigrants or a protector of emigrants, or c an officer in charge of an emigration checkpost.

section 30. of the emigration act : 1 where the central government has reason to believe that sufficient grounds exist for prohibiting emigration to any country, having regard to the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country or the interests of the general public, it may, by notification, prohibit emigration to that country. 2 a notification issued under subsection 1 shall have effect for such period not exceeding six months as may be specified in the notification: provided that if the central government has reason to believe that the grounds mentioned in subsection 1 continue to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.

section 31., in a country. of the emigration act : 1 where the central government has reason to believe a that intending emigrants if allowed to emigrate to any country would be exposed to serious risk to life on arrival there by reason of i outbreak of any disease or grave pollution of environment in such country, or ii outbreak of hostilities or civil war or civil commotion or political disturbances b that by reason of india not being in diplomatic relations with that country it is not possible to protect the emigrants from discrimination, maltreatment and exploitation, it may, by notification, prohibit emigration to that country. 2 a notification issued under subsection 1 shall have effect for such period not exceeding six months as may be specified in the notification: provided that if the central government has reason to believe that any ground mentioned in subsection 1 continues to exist, it may, from time to time, by notification, prohibit emigration to that country for such further period, not exceeding six months on each occasion, as may be specified in the notification.

section 33. of the emigration act : 1 any security or other financial provision which may be required to be made under this act shall be reasonable having regard to the purpose for which such security or other financial provision is required to be made. 2 the prescribed authority may, after giving notice in the prescribed manner to a person who has furnished any security for any purpose and after giving to such person an opportunity to represent his case, by order in writing, direct that the whole or any part of such security may be forfeited for being utilised for such purpose and in such manner as may be specified in the order. 3 where it appears to the prescribed authority that the security furnished by any person under this act for any purpose has, for any reason, become inadequate, or has ceased to be available for any reason whatsoever, the prescribed authority may, after giving him an opportunity to represent his case, by order in writing, require such person to furnish such additional security or, as the case may be, such fresh security as may be specified in the order.

section 34. of the emigration act : any security furnished under this act shall be refunded or, as the case may be, released, when no longer required for the purpose for which it has been furnished and the other circumstances in which and the manner in which any security furnished under this act may be released or refunded shall be such as may be prescribed.

section 39. of the emigration act : 1 the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any agreement or other instrument having effect by virtue of any enactment other than this act. 2 save as provided in subsection 1, the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in force.

section 36. of the emigration act : 1 every recruiting agent shall maintain such registers and other records and shall submit to the prescribed authorities such periodical or other returns as may be prescribed. 2 the protector general of emigrants, the registering authority, the competent authority or a protector of emigrants may, by order, call for any other return or information from a recruiting agent. 3 the protector general of emigrants, the registering authority, the competent authority or a protector of emigrants or an officer in charge of an emigration checkpost may inspect any register or other record maintained by a recruiting agent under subsection 1 and for the purpose of such inspection, enter, at any reasonable time, the business premises of a recruiting agent.

section 37. of the emigration act : 1 the protector general of emigrants, the registering authority, the competent authority and every protector of emigrants shall, for the purpose of discharging their functions under this act, have the same powers as are vested in a court under the code of civil procedure, 5 of while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the discovery and production of any document c requisitioning any public record or copy thereof from any court or office d receiving evidence on affidavits and e issuing commissions for the examination of witnesses or documents. 2 every proceeding before the protector general of emigrants, or the registering authority or the competent authority or a protector of emigrants shall be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the protector general of emigrants, the registering authority, the competent authority, and every protector of emigrants shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of .

section 38. of the emigration act : the central government may give directions to the protector general of emigrants, the registering authority, the competent authority or any protector of emigrants as to the carrying into execution of any provision of this act.

section 43. of the emigration act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the powers and duties of officers and employees appointed for the purposes of this act and the terms and conditions of their service b the form of i a certificate to commence or carry on the business of recruitment, and of an application for the issue or renewal thereof ii a permit for the recruitment of persons for employment outside india, and of an application for the issue thereof iii an application for emigration clearance iv an appeal to be preferred to the central government c the manner and form in which an authorisation by way of emigration clearance may be given d particulars to be contained in an application for a certificate or a permit or for an emigration clearance e the manner in which different inquiries required to be held under this act may be held f the manner in which the amount of security for securing the due performance of the terms and conditions of the certificate or permit or for compliance with the provisions of this act shall be furnished g the manner of verifying or authenticating documents and copies of documents for the purposes of this act h the procedure to be followed in hearing an appeal preferred to the central government i the fees to be paid in respect of applications and other matters under this act j the charges which a recruiting agent may recover from an emigrant in respect of services rendered and the scales and limits of such charges k the terms and conditions subject to which a certificate or a permit or an emigration clearance may be issued under this act l the period of the validity of a certificate or a permit issued under this act m the authority competent to extend the period of validity of a permit or to forfeit security or to require any additional security or fresh security under this act n the accommodation, the provisions, the medical stores and staff, the life saving and sanitary arrangements and other provisions and arrangement for the wellbeing, security and protection of emigrants which shall be provided and the records which shall be maintained in any emigrant conveyance. o any other matter which is required to be, or may be, prescribed.

section 40. of the emigration act : the central government may, by notification, direct that any power or function a which may be exercised or performed by it under this act, or b which may be exercised or performed by a registering authority, a competent authority or a protector of emigrants under this act, may, in relation to such matters, and subject to such conditions, if any, as it may specify in the notification, be also exercised or performed i by such officer or authority subordinate to the central government, or ii by any state government or by any officer or authority subordinate to such state government, or iii in any foreign country in which there is no diplomatic mission of india, by such foreign consular office, as may be specified in the notification.

section 41. of the emigration act : 1 where the central government, on a reference made to it or otherwise, is satisfied that having regard to a the friendly relations with any foreign country or b the known reputation of any foreign employer or class of foreign employers, for providing to emigrants standard conditions of living and working, and their methods of recruitment and conditions of employment or c the methods of recruitment followed and the conditions of employment provided by a public undertaking or an approved concern for the execution of its projects abroad or d the facilities and conditions of service provided by government officers posted abroad to their domestic servants accompanying such government officers, where the expenditure in respect of the passage of such domestic servants is borne by the government and e all other relevant considerations, it is necessary or expedient in the public interest so to do, the central government may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt from the operation of all or any of the provisions of this act, such foreign dignitary or class of foreign employers, public undertaking, approved concern or government officers. explanation. for the purposes of this subsection a public undertaking means i an undertaking owned and controlled by government or ii a government company as defined in section 617 of the companies act, 1 of or iii a body corporate established by or under any central, provincial or state act b approved concern means such company incorporated under the companies act, 1 of or partnership firm registered under the indian partnership act, 9 of , or society registered under the societies registration act, 21 of or any other law relating to societies for the time being in force in any state, or cooperative society registered under any central, provincial or state law, as the central government may, by notification, approve for the purposes of this section. 2 if the central government is satisfied that it is necessary for implementing any treaty, agreement or convention between india and a foreign country or foreign countries so to do, it may, by notification, and subject to such conditions, if any, as may be specified in the notification, exempt from the operation of all or any of the provisions of this act, recruitment by such authorities, agencies or persons as may be specified in the notification either generally or for such purposes as may be specified in the notification.

section 45. of the emigration act : the emigration act, is hereby repealed.

section 42. of the emigration act : nothing contained in this act shall be deemed to apply to a the recruitment or emigration of any person who is not a citizen of india b the control of recruiting in india for the service of foreign states to which the foreign recruiting act, 4 of applies.

section 44. of the emigration act : every notification issued under clause o of subsection 1 of section 2, section 30, section 31 or section 32 and every rule made under section 43 shall be laid, as soon as may be after it is issued or made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification or the rule or both houses agree that the notification or the rule should not be issued or made, the notification or the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

section 2. of the bihar land reforms laws regulating mines and minerals validation act . : 1 the laws specified in the schedule shall be, and shall be deemed always to have been, as valid as if the provisions contained therein had been enacted by parliament. 2 notwithstanding any judgment, decree or order of any court, all action taken, things done, rules made, notifications issued or purported to have been taken, done, made or issued and rents or royalties realised under any such laws shall be deemed to have been validly taken, done, made, issued or realised, as the case may be, as if this section had been in force at all material times when such action was taken, things, were done, rules were made, notifications were issued, or rents or royalties were realised, and no suit or other proceeding shall be maintained or continued in any court for the refund of rents or royalties realised under any such laws. 3 for the removal of doubts, it is hereby declared that nothing in subsection 2 shall be construed as preventing any person from claiming refund of any rents or royalties paid by him in excess of the amount due from him under any such laws.

The Bihar Land Reforms Laws (Regulating Mines and Minerals) Validation Act, 1969.

section 1. of the bihar land reforms laws regulating mines and minerals validation act . : this act may be called the bihar land reforms laws regulating mines and minerals validation act, .

section 3. of the diplomatic and consular officers oaths and fees extension to jammu and kashmir act : amendment of section 8. rep. by the repealing and amending act, 38 of , s. 2 and the first schedule w.e.f. .

The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973

section 2. of the diplomatic and consular officers oaths and fees extension to jammu and kashmir act : the diplomatic and consular officers oaths and fees act, hereinafter referred to as the principal act is hereby extended to, and shall come into force in, and in relation to, the state of jammu and kashmir and accordingly, a the provisions of the principal act and the rules made thereunder shall apply to and in relation to the state of jammu and kashmir as they apply to and in relation to any other state b clause d of section 2 of the principal act shall be omitted.

section 1. of the diplomatic and consular officers oaths and fees extension to jammu and kashmir act : 1 this act may be called the diplomatic and consular officers oaths and fees extension to jammu and kashmir act, . 2 it shall come into force at once.

section 2. of the supreme court enlargement of criminal appellate jurisdiction act : without prejudice to the powers conferred on the supreme court by clause 1 of article 134 of the constitution, an appeal shall lie to the supreme court from any judgment, final order or sentence in a criminal proceeding of a high court in the territory of india if the high court a has on appeal reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years b has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

section 1. of the supreme court enlargement of criminal appellate jurisdiction act : 1 this act may be called the supreme court enlargement of criminal appellate jurisdiction act, . 2 it extends to the whole of india 1 . 1. the words except the state of jammu and kashmir omitted by act 37 of , s. 2 w.e.f. .

section 7. of the representation of the people act : 17. total number of seats in the legislative assemblies and assembly constituencies.1 2subject to the provisions of 3subsections 1a, 1b and 1c, the total number of seats in the legislative assembly of each state specified in the second schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of seats, if any, to be reserved for the scheduled castes and for the scheduled tribes of the state, shall be as shown in that schedule: provided that for the period referred to in clause 2 of article 371a, the total number of seats allotted to the legislative assembly of the state of nagaland shall be 4fiftytwo, of which a 5twelve seats shall be allocated to the tuensang district and shall be filled by persons persons chosen by the members of the regional council, referred to in that article, from amongst themselves in such manner as the governor, after consulting that council may, by notification in the official gazette, specify, and b the remaining forty seats shall be filled by persons chosen by direct election from assembly constituencies in the rest of the state. 61a notwithstanding anything contained in subsection 1, the total number of seats in the the legislative assembly of the state of sikkim, to be constituted at any time after the commencement of the representation of the people amendment act, 8 of , to be filled by persons chosen by direct election from assembly constituencies shall be thirtytwo, of which a twelve seats shall be reserved for sikkimese of bhutialepcha origin b two seats shall be reserved for the scheduled castes of that state and c one seat shall be reserved for the sanghas referred to in section 25a. explanation.in this subsection bhutia includes chumbipa, dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo. 71b notwithstanding anything contained in subsection 1, in the legislative assemblies of the states of arunachal pradesh, meghalaya, mizoram and nagaland, to be constituted at any time after the commencement of the representation of the people third amendment act, 40 of , a 8fiftynine seats shall be reserved for the scheduled tribes in the legislative assembly of the state of arunachal pradesh b fiftyfive seats shall be reserved for the scheduled tribes in the legislative assembly of the state of meghalaya c thirtynine seats shall be reserved for the scheduled tribes in the legislative assembly of the state of mizoram and d fiftynine seats shall be reserved for the scheduled tribes in the legislative assembly of the state of nagaland. 91c notwithstanding anything contained in subsection 1, twenty seats shall be reserved for the scheduled tribes in the legislative assembly of the state of tripura to be constituted at any time after the commencement of the representation of the people amendment act, 38 of . 2 every assembly constituency referred to 10in subsection 1 or subsection 1a shall be a singlemember constituency. 113 the extent of each assembly constituency in all the states and union territories except the assembly constituencies in the states of arunachal pradesh, assam, jharkhand, manipur and nagaland shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation act, 33 of and the extent of each assembly constituency in the states of arunachal pradesh, assam, jharkhand, manipur and nagaland shall be as provided for in the delimitation of parliamentary and assembly constituencies order, having regard to the provisions of sections 10a and 10b of the delimitation act, 33 of . 1. subs. by act 47 of , s. 4, for section 7 w.e.f. . 2. subs. by act 8 of , s. 2, for certain words w.e.f. . 3. subs. by act 38 of , s. 2, for subsections 1a and 1b w.e.f. . 4. subs. by act 61 of , s. 4, for fortysix w.e.f. . 5. subs. by s. 4, ibid., for six seats w.e.f. . 6. ins. by act 8 of , s. 2 w.e.f. . 7. ins. by act 40 of , s. 2 w.e.f. . 8. subs. by act 10 of , s. 3, for thirtynine seats w.e.f. . 9. ins. by act 38 of , s. 2 w.e.f. . 10. subs. by act 8 of , s. 2, for in subsection 1 w.e.f. . 11. subs. by act 10 of , s. 3, for subsection 3 w.e.f. .

section 3. of the representation of the people act : 13. allocation of seats in the house of the people.the allocation of seats to the states in the house of the people and the number of seats, if any, to be reserved for the scheduled castes and for the scheduled tribes of each state shall be as shown in the first schedule. 1. subs. by act 47 of , s. 2, for sections 3 and 4 w.e.f. .

section 6. of the representation of the people act : 6. delimitation of parliamentary constituencies. omitted by the adaptation of laws no. 2 order, .

section 2. of the representation of the people act : 1 in this act, unless the context otherwise requires, a article means an article of the constitution b assembly constituency means a constituency provided 2by law for the purpose of elections to the legislative assembly of a state c council constituency means a constituency provided 3by law for the purpose of elections to the legislative council of a state 4 d election commission means the election commission appointed by the president under article 324 e order means an order published in the official gazette f parliamentary constituency means a constituency provided 5by law for the purpose of elections to the house of the people 6 g person does not include a body of persons h prescribed means prescribed by rules made under this act 7i state includes a union territory j state government, in relation to a union territory, means the administrator thereof. 8 1. the brackets and figure 1omitted by act 103 of , s. 65. 2. subs. by the adaptation of laws no. 2 order, , for by order made under section 11 w.e.f... 3. subs. by the adaptation of laws no. 2 order, , for by order made under section 11. 4. omitted by act 103 of , s. 65. 5. subs. by act 2 of , s. 2, for by section 6 or by order made thereunder. 6. omitted by the northeastern areas reorganisation adaptation of laws on union subjects order, , s. 3 and the schedule w.e.f. . 7. subs. by s. 3 and the schedule, ibid., for clause i w.e.f. .. 8. omitted by the adaptation of laws no. 2 order, w.e.f. ..

section 7a. of the representation of the people act : 1 7a. total number of seats in the legislative assembly of sikkim and assembly constituencies.1 notwithstanding anything contained in section 7, in the legislative assembly of the state of sikkim deemed under the constitution thirtysixth amendment act, to be the legislative assembly of that state duly constituted, the total number of seats to be filled by persons chosen by direct election from assembly constituencies shall be 32. 2 every assembly constituency referred to in subsection 1 shall be a singlemember constituency. 3 in the legislative assembly so deemed to be duly constituted, the extent of each constituency and the reservation of seats shall be as provided for immediately before the commencement of the constitution thirtysixth amendment act, . 1. . ins. by act 10 of , s. 2 and the schedule w.e.f. .

section 3a. of the representation of the people act : 13a. reservation of seats in the house of people for scheduled castes and scheduled tribes in certain part c states.rep. by the representation of people amendment act, 58 of , s. 3 w.e.f. . 1. subs. by act 47 of , s. 2, for sections 3 and 4 w.e.f. .

section 8a. of the representation of the people act : 18a. delimitation of parliamentary and assembly constituencies in the states of arunachal pradesh, assam, manipur or nagaland.1 if the president is satisfied that the situation and the conditions prevailing in the states of arunachal pradesh, assam, manipur or nagaland are conducive for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under the provisions of section 10a of the delimitation act, 33 of in relation to that state, and provide for the conduct of delimitation exercise in the state by the election commission. 2 as soon as may be after the deferment order in respect of a state is rescinded under subsection 1, the election commission may, by order, determine a the parliamentary constituencies into which such state to which more than one seat is allotted in the first schedule shall be divided b the extent of each constituency and c the number of seats, if any, reserved for the scheduled castes or the scheduled tribes. 3 as soon as may be after the deferment order in respect of a state is rescinded under subsection 1, the election commission may, by order, determine a the assembly constituencies into which such state shall be divided for the purpose of elections to the legislative assembly of that state b the extent of each constituency and c the number of seats, if any, reserved for the scheduled castes or the scheduled tribes. 4 subject to the provisions of subsection 1, the election commission shall, having regard to the provisions of the constitution and the principles specified in clauses c and d of subsection 1 of section 9 of the delimitation act, 33 of determine the parliamentary and assembly constituencies in the states of arunachal pradesh, assam, manipur and nagaland in which seats shall be reserved, if any, for the scheduled castes and the scheduled tribes. 5 the election commission shall, a publish its proposals under subsections 2, 3 and 4 with respect to any state in the official gazette and also in such other manner as it thinks fit b specify a date on or after which the proposals will be further considered by it c consider all objections and suggestions which may have been received by it before the date so specified d hold, for the purpose of such consideration, if it thinks fit so to do, one or more public sittings at such place or places in such state as it thinks fit e after considering all objections and suggestions which may have been received by it before the date so specified, determine, by order, the delimitation of parliamentary and assembly constituencies in the state and also the constituency or constituencies in which seats shall be reserved, if any, for the scheduled castes and the scheduled tribes and cause such order to be published in the official gazette and, upon such publication, the order shall have the force of law and shall not be called in question in any court and the delimitation of parliamentary and assembly constituencies order, shall be deemed to have been amended accordingly. 6 every order made under subsections 1 and 2 and clause e of subsection 5 shall be laid before each house of parliament. 7 every order made under subsections 1 and 3 and clause e of subsection 5 shall, as soon as may be after it is published under that subsection, be laid before the legislative assembly of the state concerned. 1. ins. by s. 5, ibid.

section 8. of the representation of the people act : 11 having regard to all the orders referred to in subsection 5 of section 4 and subsection 3 of section 7 relating to the delimitation of parliamentary and assembly constituencies in all states and union territories, except the states of arunachal pradesh, assam, jharkhand, manipur and nagaland, made by the delimitation commission and published in the official gazette, the election commission shall a after making such amendments as appear to it to be necessary for bringing uptodate the description of the extent of the parliamentary and assembly constituencies as given in such orders, without, however, altering the extent of any such constituency b after taking into account the provisions of the delimitation of parliamentary and assembly constituencies order, , as made applicable pursuant to the orders made by the president under section 10a of the delimitation act, 33 of relating to delimitation of parliamentary and assembly constituencies in the states of arunachal pradesh, assam, manipur and nagaland, and the provisions of section 10b of the said act relating to delimitation of parliamentary and assembly constituencies in the state of jharkhand, consolidate all such orders into one single order to be known as the delimitation of parliamentary and assembly constituencies order, and shall send authentic copies of that order to the central government and to the government of each state having a legislative assembly and thereupon that order shall supersede all the orders referred to in subsection 5 of section 4 and subsection 3 of section 7 and shall have the force of law and shall not be called in question in any court. 2 as soon as may be, after the said order is received by the central government or by the government of a state, that government shall cause it to be laid before the house of the people or, as the case may be, the legislative assembly of the state. 23 the consolidation under subsection 1 of the orders referred to in subsection 5 of section 4, or as the case may be, subsection 3 of section 7 shall not, 3as provided in subsection 5 of section 10 of the delimitation act, 33 of , affect the representation in, and the territorial constituencies of, the house of the people or the legislative assembly of the state existing on the date of publication in the gazette of india of any such order or orders as may be relevant. 1. subs. by act 10 of , s. 4, for subsection 1 w.e.f. . 2. ins. by act 88 of , s. 4. 3. subs. by act 10 of , s. 4, for certain words.

section 5. of the representation of the people act : 5. parliamentary constituencies. omitted by the representation of the people amendment act, 2 of ,s. 4.

section 9.power of election commission to maintain delimitation order uptodate of the representation of the people act : 1 the election commission may, from time to time, by notification published in the gazette of india and in the official gazette of the state concerned, 1a correct any printing mistake in the delimitation of parliamentary and assembly constituencies order, or any error arising therein from inadvertent slip or omission aa make such amendments in the delimitation of parliamentary and assembly constituencies order, as appear to it to be necessary or expedient for consolidating with that order any notification or order relating to delimitation of parliamentary or assembly constituencies including reservation of seats for the scheduled castes or the scheduled tribes in such constituencies issued under section 8a of this act or any other central act b where the boundaries or name of any district or any territorial division mentioned in the order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the order uptodate. 2c make such amendments in the delimitation of parliamentary and assembly constituencies order, as appear to it to be necessary or expedient for bringing the order uptodate by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of india and fiftyone enclaves of bangladesh with effect from 31st july, , in pursuance of the constitution one hundredth amendment act, . 2 every notification under this section shall be laid, as soon as may be after it is issued, before the house of the people and the legislative assembly of the state concerned. 1. subs. by act 10 of , s. 6, for clause a w.e.f. . 2. ins. by act 10 of , s. 2 w.e.f. .

section 9b. of the representation of the people act : 9b.power election commission to determine certain.omitted by s. 7, ibid. w.e.f. .

section 4. of the representation of the people act : 14. filling of seats in the house of the people and parliamentary constituencies. 2 32 all the seats in the house of the people allotted to the states under section 3 shall be seats to be filled by persons chosen by direct election from parliamentary constituencies in the states. 3 every parliamentary constituency referred to in subsection 2 shall be a singlemember constituency. 4 every state to which only one seat is allotted under section 3 shall form one parliamentary constituency. 45 save as provided in subsection 4, the extent of all parliamentary constituencies except the parliamentary constituencies in the states of arunachal pradesh, assam, jharkhand, manipur and nagaland shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation act, 33 of and the extent of the parliamentary constituencies in the states of arunachal pradesh, assam, jharkhand, manipur and nagaland shall be as provided for in the delimitation of parliamentary and assembly constituencies order, having regard to the provisions of sections 10a and 10b of the delimitation act, . 1. subs. by act 47 of , s. 2, for sections 3 and 4 w.e.f. . 2. omitted by act 29 of , s. 11 w.e.f. . 3. subs. by s. 11, ibid., for subsection 2 w.e.f. . 4. subs. by act 10 of , s. 2, for subsection 5 w.e.f. .

section 10. of the representation of the people act : 1 the allocation of seats in the legislative councils of the states having such councils shall be as shown in the third schedule. 2 in the legislative council of each state specified in the first column of the third schedule, there shall be the number of seats specified in the second column thereof opposite to that state, and of those seats, a the numbers specified in the third, fourth and fifth columns shall be the number of seats to be filled by persons elected, respectively, by the electorates referred to in subclauses a, b and c of clause 3 of article 171 b the number specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the legislative assembly of the state from amongst persons who are not members of that assembly and c the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the governor 1 of the state in accordance with the provisions of clause 5 of article 171. 2 1. omitted by the act 10 of , s. 7 w.e.f. . 2. the words or rajpramukh, as the case may be omitted by the adaptation of laws no. 2 order, w.e.f. 111 .

section 9a. of the representation of the people act : 9a. power of election commission to determine the constituencies to be reserved for scheduled tribes in main states.omitted by the representation of the people amendment act, 10 of , s. 7 w.e.f. .

section 12. of the representation of the people act : 11 the president may, from time to time, after consulting the election commission, by order, alter or amend any order made by him under 2 section 11. 32 an order under subsection 1 may contain provisions for the allocation of any member representing any council constituency immediately before the making of the order to any constituency delimited a new or altered by the order and for such other incidental and consequential matters as the president may deem necessary. 1. section 12 renumbered as subsection 1 of that section by act 20 of , s. 2 w.e.f. . 2. the words and figures section 6, section 9, or omitted by act 2 of , s. 7..br 3. ins. by act 20 of , s. 2 w.e.f. .

section 11. of the representation of the people act : as soon as may be after the commencement of this act, the president shall, by order, determine a the constituencies into which each state having a legislative council shall be divided for the purpose of elections to that council under each of the subclauses a, b and c of clause 3 of article 171 b the extent of each constituency and c the number of seats allotted to each constituency.

section 13a. chief electoral officers of the representation of the people act : 1,1 there shall be for each state a chief electoral officer who shall be such officer of government as the election commission may, in consultation with that government, designate or nominate in this behalf. 2 subject to the superintendence, direction and control of the election commission, the chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in the state under this act. 1. ins. by s. 9, ibid.

section 13.procedure as to orders delimiting constituencies of the representation of the people act : 13. procedure as to orders delimiting constituencies.1 3 every order made under 2 section 11 or section 12 shall be laid before parliament as soon as may be after it is made, and shall be subject to such modifications as parliament may make on a motion made within twenty days from the date on which the order is so laid. 1. subsection 1 and 2 omitted by act 2 of , s. 8 w.e.f. . 2. the words and figures section 6, section 9, omitted by s. 8, ibid. w.e.f. .

section 13aa. of the representation of the people act : 113aa. district election officers.1 for each district in a state, 2, the election commission shall, in consultation with the government of the state, designate or nominate a district election officer who shall be an officer of government: provided that the election commission may designate or nominate more than one such officer for a district if the election commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer. 2 where more than one district election officer are designated or nominated for a district under the proviso to subsection 1, the election commission shall in the order designating or nominating the district election officers also specify the area in respect of which each such officer shall exercise jurisdiction. 3 subject to the superintendence, direction and control of the chief electoral officer, the district election officer shall coordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls for all parliamentary, assembly and council constituencies within the district. 4 the district election officer shall also perform such other functions as may be entrusted to him by the election commission and the chief electoral officer. 1. ins. by act 47 of , s. 5 w.e.f. . 2. the words other than a union territory, omitted by act 2 of , s. 2.

section 13b.electoral registration officers of the representation of the people act : 1 the electoral roll 12for each parliamentary constituency in the state of jammu and kashmir or in a union territory not having a legislative assembly, each assembly constituency and each council constituency shall be prepared and revised by an electoral registration officer who shall be such officer of government or of a local authority as the election commission may, in consultation with the government of the state in which the constituency is situated, designate or nominate in this behalf. 2 an electoral registration officer may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency. 1. subs. by act 103 of , s. 65, for certain words. 2. subs. by act 47 of , s. 6, for certain words w.e.f..

section 13cc., deemed to be on deputation to election commission. of the representation of the people act : 113cc. chief electoral officers, district election officers, etc., deemed to be on deputation to election commission.the officers referred to in this part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the election commission for the period during which they are so employed and such officers and staff shall, during that period, be subject to the control, superintendence and discipline of the election commission. 1. ins. by act 1 of , s. 2 w.e.f. .

section 13c. assistant electoral registration officers of the representation of the people act : 1 the election commission may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions. 2 every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.

section 17. of the representation of the people act : no person shall be entitled to be registered in the electoral roll for more than one constituency 1 . 1. the words in the same state omitted by act 58 of , s. 6 w.e.f. .

section 13d. electoral rolls for parliamentary constituencies of the representation of the people act : 113d. electoral rolls for parliamentary constituencies.1 the electoral roll for every parliamentary constituency, other than a parliamentary constituency in the state of jammu and kashmir or in a union territory not having a legislative assembly, shall consist of the electoral rolls for all the assembly constituencies comprised within that parliamentary constituency and it shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary constituency: provided that for the period referred to in clause 2 of article 371a, it shall be necessary to prepare and revise separately the electoral roll for that part of the parliamentary constituency of nagaland which comprises the tuensang district and the provisions of part iii shall apply in relation to the preparation and revision of the electoral roll of the said part as they apply in relation to an assembly constituency. 2 the provisions of part iii shall apply in relation to every parliamentary constituency in the state of jammu and kashmir or in a union territory not having a legislative assembly as they apply in relation to an assembly constituency. 1. subs. by act 47 of , s. 7, for section 13d w.e.f. .

section 14.definitions of the representation of the people act : 114. definitions.in this part, unless the context otherwise requires, a constituency means an assembly constituency 2 b qualifying date, in relation to the preparation or revision of every electoral roll under this part, means 3the 1st day of january, the 1st day of april, the 1st day of july and the 1st day of october of the year in which it is so prepared or revised: 4provided that qualifying date, in relation to the preparation or revision of every electoral roll under this part in the year , shall be the 1st day of april, . 1. subs. by act 2 of , s. 11, for section 14 w.e.f. . 2. certain words omitted by act 103 of , s. 65 w.e.f. . 3. subs. by act 49 of , s. 2, for the 1st day of january w.e.f.. 4. ins. by act 21 of , s. 3 w.e.f. .

section 19.conditions of registration of the representation of the people act : 119. conditions of registration.subject to the foregoing provisions of this part, every person who a is not less than 2eighteen years of age on the qualifying date, and b is ordinarily resident in a constituency, shall be entitled to be registered in the electoral roll for that constituency. 1. subs. by s. 7, ibid., for section 19 w.e.f. . 2. subs. by act 21 of , s. 4, for twentyone years w.e.f. .

section 15. of the representation of the people act : for every constituency there shall be an electoral roll which shall be prepared in accordance with the provisions of this act under the superintendence, direction and control of the election commission.

section 20a. of the representation of the people act : 120a. special provisions for citizens of india residing outside india.1 notwithstanding anything contained in this act, every citizen of india a whose name in not included in the electoral roll b who has not acquired the citizenship of any other country and c who is absenting from his place of ordinary residence in india owing to his employment, education or otherwise outside india whether temporarily or not, shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in india as mentioned in his passport is located. 2 the time within which the name of persons referred to in subsection 1 shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under subsection 1 shall be such as may be prescribed. 3 every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency. 1. ins. by act 36 of , s. 2 w.e.f. .

section 20.meaning of ordinarily resident of the representation of the people act : show related subordinates 11 a person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein. 1a a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein. 1b a member of parliament or of the legislature of a state shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member. 2 a person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein. 23 any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date. 4 any person holding any office in india declared3 by the president in consultation with the election commission to be an office to which the provisions of this subsection apply, 4 shall be deemed to be ordinarily resident 5 on any date in the constituency in which, but for the holding of any such office 6 , he would have been ordinarily resident 7 on that date. 5 the statement of any such person as is referred to in subsection 3 or subsection 4 made in the prescribed form and verified in the prescribed manner, that 8but for his having the service qualification or but for his holding any such office 9 as is referred to in subsection 4 he would have been ordinarily resident in a specified place 10 on any date, shall, in the absence of evidence to the contrary, be 8accepted as correct. 6 the 11spouse of any such person as is referred to in subsection 3 or subsection 4 shall 12if such spouse be ordinarily residing with such person 13 be deemed to be ordinarily resident on 14 in the constituency specified by such person under subsection 5. 157 if in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the central government in consultation with the election commission. 8 in subsections 3 and 5 service qualification means a being a member of the armed forces of the union or b being a member of a force to which the provisions of the army act, 46 of , have been made applicable whether with or without modifications or c being a member of an armed police force of a state, who is serving outside that state or d being a person who is employed under the government of india, in a post outside india. 1. subs. by act 58 of , s. 8, for subsection 1 w.e.f. . 2. subs. by act 47 of , s. 8, for subsection 3 w.e.f. . 3. the following offices have been declared by the president by notification no. s.o. 959, dated the 18th april, : 1. the president of india. 2. the vicepresident of india. 3. the governors of states. 4. cabinet ministers of the union or of any state. 5. the deputy chairman and members of the planning commission. 6. the ministers of state of the union or of any state. 7. the deputy ministers of the union or of any state. 8. the speaker of the house of the people or of any legislative assembly. 9. the chairman of any state legislative council. 10. lieutenant governors of union territories. 11. the deputy speaker of the house of the people or of any state legislative assembly. 12. the deputy chairman of the council of states or of any state legislative council. 13. the parliamentary secretaries of the union or of any state. 4. certain words omitted by act 47 of , s. 8 w.e.f. . 5. the words during any period or omitted by act 2 of , s. 14. 6. the words or employment omitted by act 47 of , s. 8 w.e.f. . 7. the words during any period or omitted by act 2 of , s. 14. 8. subs. by act 49 of , s. 3, for wife w.e.f. . 9. subs. by s. 3, ibid., for if she w.e.f. . 10. the words during any period omitted by act 2 of , s. 14 w.e.f. . 11. the words during that period omitted by s. 14, ibid w.e.f. . 12. ins. by act 47 of , s. 8 w.e.f. . 13. ins. by act 36 of , s. 2 w.e.f. . 14. the words during that period omitted by s. 14, ibid w.e.f. . 15. ins. by act 47 of , s. 8 w.e.f. .

section 21. of the representation of the people act : show related subordinates 121. preparation and revision of electoral rolls.1 the electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this act. 22 the said electoral roll a shall, unless otherwise directed by the election commission for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date i before each general election to the house of the people or to the legislative assembly of a state and ii before each byeelection to fill a casual vacancy in a seat allotted to the constituency and b shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the election commission: provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected. 3 notwithstanding anything contained in subsection 2, the election commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit: provided that subject to the other provisions of this act, the electoral roll for the constituency, as in force at the time of the issue of any such direction, shall continue to be in force until the completion of the special revision so directed. 1. subs. by act 2 of , s. 15, for sections 21 to 25. 2. subs. by act 47 of , s. 9, for subsection 2 w.e.f. .

section 16. of the representation of the people act : 1 a person shall be disqualified for registration in an electoral roll if he a is not a citizen of india or b is of unsound mind and stands so declared by a competent court or c is for the time being disqualified from voting under the provisions of any law relating to corrupt 1 practices and other offences in connection with elections. 2 the name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included: 2provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause c of subsection 1 shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal. 1. the words and illegal omitted by act 58 of , s. 3 and the second schedule w.e.f. . 2. ins. by act 73 of , s. 4 w.e.f. .

section 18. of the representation of the people act : no person shall be entitled to be registered in the electoral roll for any constituency more than once.

section 24. of the representation of the people act : show related subordinates 124. appeals.an appeal shall lie within such time and in such manner as may be prescribed a to the 2district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank, from any order of the electoral registration officer under section 22 or section 23 3. 4b to the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause a 1. ins. by act 40 of , s. 3 w.e.f. . 2. subs. by act 41 of , s. 2, for certain words w.e.f. . 3. the word and omitted by act 47 of , s. 11 w.e.f. . 4. ins. by act 41 of , s. 2 w.e.f. .

section 27a. of the representation of the people act : 1,2,1 3for the purpose of filling any seat or seats in the council of states allotted to any 4union territory 5 in the fourth schedule to the constitution there shall be an electoral college for 4each such territory 6 . 7 8 9,103 the electoral college for the union territory of delhi shall consist of the elected members of the legislative assembly constituted for that territory under the government of national capital territory of delhi act, 1 of . the electoral college for the union territory of 13 pondicherry shall consist of the elected members of the legislative assembly constituted for that territory under the government of union territories act, 20 of . 14 15 state amendments jammu and kashmir and ladakh uts. section 27a. after subsection 4, insert the following subsection, namely: 5 the electoral college of the union territory of jammu and kashmir shall consist of the elected members of the legislative assembly constituted for that territory under the jammu and kashmir reorganization act, 34 of . vide the jammu and kashmir reorganization adaptation of central laws order, , notification no. s.o. e dated . 1. ins. by act 73 of , s. 8 w.e.f. . 2. subs. by the adaptation of laws no. 2 order, , for part c states. 3. subs. by act 29 of , s. 11, for certain words w.e.f. . 4. the words or group of such states omitted by the adaptation of laws no. 2 order , . 5. subs., ibid., for each such state. 6. the words or group of states omitted by act 2 of . s. 19. 7. the proviso omitted by s.19, ibid. 8. omitted by act 20 of , s. 57 and the second schedule w.e.f. . 9. subs. by act 103 of , s. 65, for subsections 3, 4 or 5 w.e.f. . 10. subs. by act 1 of , s. 55, for subsection 3 w.e.f. . 11. subs. by act 20 of , s. 57 and the second schedule, for subsection 4 w.e.f. . 12. subs. by act 69 of , s. 7, for certain words w.e.f. . 13. the word mizoram omitted by act 34 of , s. 7 w.e.f. . 14. omitted by act 29 of , s. 11 w.e.f. . 15. omitted by act 32 of , s. 7.

section 22. of the representation of the people act : show related subordinates 122. correction of entries in electoral rolls.if the electoral registration officer for a constituency, on application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll of the constituency a is erroneous or defective in any particular, b should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or c should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll, the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the election commission in this behalf, amend, transpose or delete the entry 2after proper verification of facts in such manner as may be prescribed: provided that before taking any action on any ground under clause a or clause b or any action under clause c on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him 3after proper verification of facts in such manner as may be prescribed. 1. subs. by act 58 of , s. 9, for section 22. 2. ins. by act 36 of , s. 3 w.e.f. . 3 ins. by act 36 of , s. 3 w.e.f. .

section 23. of the representation of the people act : show related subordinates 123. inclusion of names in electoral rolls.1 any person whose name is not included in the electoral roll of a constituency may apply to the electoral registration officer for the inclusion of his name in that roll. 2 the electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein 2after proper verification of facts in such manner as may be prescribed: provided that if the applicant is registered in the electoral roll of any other constituency, the electoral registration officer shall inform the electoral registration officer of that other constituency and that officer shall, on receipt of the information, strike off the applicants name from that roll 2after proper verification of facts in such manner as may be prescribed. 3 no amendment, transposition or deletion of any entry shall be made under section 22 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency or in the parliamentary constituency within which that constituency is comprised and before the completion of that election. 34 the electoral registration officer may for the purpose of establishing the identity of any person require that such person may furnish the aadhaar number given by the unique identification authority of india as per the provisions of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of : provided that the electoral registration officer may also require the aadhaar number from persons already included in the electoral roll for the purposes of authentication of entries in electoral roll and to identify registration of name of the same person in the electoral roll of more than one constituency or more than once in the same constituency. 5 every person whose name is included in the electoral roll may intimate his aadhaar number to such authority in such form and manner as may be prescribed, on or before a date to be notified by the central government in the official gazette. 6 no application for inclusion of name in the electoral roll shall be denied and no entries in the electoral roll shall be deleted for inability of an individual to furnish or intimate aadhaar number due to such sufficient cause as may be prescribed: provided that such individual may be allowed to furnish such other alternate documents as may be prescribed. explanation.for the purposes of this section, the expression aadhaar number shall have the same meaning as assigned to it in clause a of section 2 of the aadhaar targeted delivery of financial and other subsidies, benefits and services act, 18 of . 1. subs. by act 47 of , s. 10, for s. 23 w.e.f. . 2. ins. by act 36 of , s. 4 w.e.f. 3. ins. by act 49 of , s. 4 w.e.f. . 1st april, section 25 5, vide notification no. s.o. e, dated 17th june , see gazette of india, extraordinary, part ii, sec. 3 ii.

section 26. of the representation of the people act : 1 26. preparation of electoral rolls for assembly constituencies. omitted by the representation of the people amendment act, 2 of, s. 17. 1. subs. by act 2 of , s. 16, for the heading.

section 27b. of the representation of the people act : electoral college constituencies. omitted by the territorial councils act, of , s. 65.

section 25a. of the representation of the people act : show related subordinates 125a. conditions of registration as elector in sangha constituency in sikkim.notwithstanding anything contained in sections 15 and 19, for the sangha constituency in the state of sikkim, only the sanghas belonging to monasteries, recognised for the purpose of the elections held in sikkim in april, , for forming the assembly for sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the election commission, in consultation with the government of sikkim. 1. ins. by act 10 of , s. 2 and the schedule. w.e.f. .

section 25.fee for applications and appeals of the representation of the people act : every applications under section 22 or section 23 and every appeal under section 24 shall be accompanied by the prescribed fee which shall, in no case, be refunded.

section 27c. of the representation of the people act : delimitation of electoral college constituencies.omitted by s. 65, ibid.

section 27d. of the representation of the people act : power to alter or amend orders. omitted. by s. 65, ibid.

section 27e. of the representation of the people act : procedure as to orders delimiting constituencies.omitted by the representation of the people amendment act, 2 of , s. 21.

section 27. of the representation of the people act : show related subordinates 1 in this section, local authorities constituency, graduates constituency and teachers constituency mean a constituency for the purpose of elections to a legislative council under subclause a, subclause b and subclause c, respectively, of clause 3 of article 171. 12 for the purpose of elections to the legislative council of a state in any local authorities constituency a the electorate shall consist of members of such local authorities exercising jurisdiction in any place or area within the limits of that constituency as are specified in relation to that state in the fourth schedule b every member of each such local authority within a local authorities constituency shall be entitled to be registered in the electoral roll for that constituency c the electoral registration officer for every local authorities constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected uptodate d in order to enable the electoral registration officer to maintain the electoral roll corrected uptodate, the chief executive officer of every local authority by whatever designation such officer may be known shall immediately inform the electoral registration officer about every change in the membership of that local authority and the electoral registration officer shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority and e the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local authorities constituencies as they apply in relation to assembly constituencies. 3 for the purpose of elections to the legislative council of a state in the graduates constituencies and the teachers constituencies, the state government concerned may, with the concurrence of the election commission, by notification in the official gazette, specify a the qualifications which shall be deemed to be equivalent to that of a graduate of a university in the territory of india, and b the educational institutions within the state not lower in standard than that of a secondary school. 24 the provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates constituencies and teachers constituencies as they apply in relation to assembly constituencies. 5 subject to the foregoing provisions of this section, 3 4a every person who 5is ordinarily resident in a graduates constituency and has, for at at least three years 6before the qualifying date, been either a graduate of a university in the territory of india or in possession of any of the qualifications specified under clause a of subsection 3 by the state government concerned, shall be entitled to be registered in the electoral roll for that constituency and 7b every person who 5is ordinarily resident in a teachers constituency, and has, within the six years immediately 6before the qualifying date for a total period of at least three years, been engaged in teaching in any of the educational institutions specified under clause b of subsection 3 by the state government concerned shall be entitled to be registered in the electoral roll for that constituency. 86 for the purposes of subsections 4 and 5 the qualifying date shall be the 1st day of november of the year in which the preparation or revision of the electoral roll is commenced. 1. subs. by s. 18, ibid., for subsection 2 w.e.f. . 2. subs. by s. 18, ibid., for subsection 4. 3. clause a omitted by s. 18, ibid. 4. clause b relettered as clause a by s. 18, ibid. 5. subs. by act 40 of , s. 4, for on the qualifying date was w.e.f. . 6. subs. by s. 4, ibid., for before that date w.e.f. . 7. clause c relettered as clause b by act 2 of , s. 18 w.e.f. . 8. subs. by act 40 of , s. 4, ibid., for subsection 6 w.e.f. .

section 27f. of the representation of the people act : electoral rolls for council of states constituencies. omitted by s. 22, ibid.

section 27k. of the representation of the people act : electoral colleges for certain states for which legislative assemblies have been constituted. omitted by the adaptation of laws no. 2 order, .

section 27g. of the representation of the people act : if a person who is a member of an electoral college becomes subject to any disqualification for membership of parliament under the provisions of any law relating to corrupt and illegal practices and other offences in connection with elections to parliament, he shall thereupon cease to be such member of the electoral college.

section 27h. of the representation of the people act : 1 the seat or seats in the council of states allotted to any 2 union territory 3 in the fourth schedule to the constitution shall be filled by a person or persons elected by the members of the electoral college for 4that territory 5 in accordance with the system of proportional representation by means of the single transferable vote: 6provided that the person who immediately before the commencement of the constitution seventh amendment act, , is filling the seat allotted to the part c states of manipur and tripura shall, as from such commencement, be deemed to have been duly elected to fill the seat allotted to the union territory of tripura. 1. certain words omitted by the adaptation of laws no. 2 order, . 2. subs., ibid., for part c state. 3. the words or group of such states omitted, ibid. 4. subs., ibid., for such state. 5. the words or group of states omitted by act 2 of , s. 23. 6. ins. by the adaptation of laws no. 2 order, .

section 27j. of the representation of the people act : no election by the members of an electoral college 1 under this act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college 1 . 1. certain words omitted by act 49 of , s. 44 and the fifth schedule.

section 27i. of the representation of the people act : special provisions for the filling of the seats in the council of states allotted to the states of ajmer and coorg and the states of manipur and tripura. omitted by the adaptation of laws no. 2 order, .

section 28. of the representation of the people act : show related subordinates 1 the central government may, after consulting the election commission, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 1a the determination of ordinary residence under subsection 7 of section 20 aa the particulars to be entered in the electoral rolls b the preliminary publication of electoral rolls 2 c the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred 3 e the manner in which notices of claims or objections shall be published f the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of g the final publication of electoral rolls 4h the revision and correction of electoral roll and inclusion of names therein 5hh the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under section 22 hhh the procedure for proper verification of facts for inclusion of or striking off, names in the electoral rolls, under subsection 2 of section 23 6hhha the authority and the form and manner of intimation of aadhaar number under subsection 5 of section 23 hhhb the sufficient cause and furnishing of alternate documents to be provided by the individual under subsection 6 of section 23 i any other matter required to be prescribed by this act. 73 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to be validity of anything previously done under that rule. 1 subs. by act 47 of , s. 12, for clause a w.e.f. . 2. certain words omitted by act 73 of , s. 9. 3. omitted by act 20 of , s. 3. 4. subs. by act 2 of , s. 24, for clause h. 5. ins. by act 36 of , s. 5 w.e.f. . 6. ins. by act 49 of , s. 5 w.e.f. 7. subs. by act 88 of , s. 6, for subsection 3.

section 32., of electoral rolls of the representation of the people act : 1 if any electoral registration officer, assistant electoral registration officer or other person required by or under this act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable 1with imprisonment for a term which shall not be less than three months but which may extend to two years and with fine. 2 no suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid. 3 no court shall take cognizance of any offence punishable under subsection 1 unless there is a complaint made by order of, or under authority from, the election commission or the chief electoral officer of the state concerned. 1. subs. by act 21 of , s. 2, for certain words w.e.f. .

section 30. of the representation of the people act : no civil court shall have jurisdiction a to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a constituency or b to question the legality of any action taken by or under the authority of an electoral registration officer, or of any decision given by any authority appointed under this act for the revision of any such roll.

section 31. of the representation of the people act : show related subordinates 1231. making false declarations.if any person makes in connection with a the preparation, revision or correction of an electoral roll, or b the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 1. ins. by act 58 of , s. 11. 2. subs. by act 20 of , s. 4, for section 31.

section 29. of the representation of the people act : 129. staff of local authorities to be made available.every local authority in a state shall, when so requested by the chief electoral officer of the state, make available to any electoral registration officer such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls. 1. subs. by act 2 of , s. 25, for section 29.

section 8. of the delhi and ajmer rent control act : 1 in any of the following cases, namely: a where, for any reason whatsoever, any dispute arises between a landlord and the tenant regarding the amount of standard rent payable in respect of any premises in accordance with the provisions of the second schedule or b where, at any time on or after the 2nd day of june, , any premises are first let and the rent at which they are let is, in the opinion of the court, unreasonable the court may, on an application made to it for the purpose or in any suit or proceeding, fix the standard rent at such an amount as, having regard to the provisions of this act and the circumstances of the case, the court deems just. 2 where there is any dispute between the landlord and the tenant regarding the amount which is a lawful increase of the standard rent, the court may determine such amount. 3 where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in the second schedule, the court may, on an application made to it for the purpose, determine the standard rent, and in so doing, shall have regard to the standard rent of similar premises in the same locality and other circumstances of the case. 4 infixing the standard rent of any premises under clause b of subsection 1, the court shall fix an amount which appears to it to be reasonable and no standard rent so fixed shall exceed seven and onehalf per cent. of the reasonable cost of construction of such premises. explanation.for the purposes of this subsection, the cost of construction, in respect of any premises, includes the market value of the land comprised in the premises at the time of the completion of such construction. 5 the standard rent shall in all cases be fixed as for a tenancy of twelve months: provided that where any premises are let or relet for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months. 6 where the court determines the standard rent of any premises under this section, the court shall determine the standard rent of the premises in an unfurnished state, and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant. 7 in every case in which the court determines the standard rent of any premises under this section, it shall specify a date from which the standard rent so determined shall be deemed to have effect: provided that in no case, the date so specified shall be earlier than six months prior to the date of filing of the application for the determination of the standard rent or, as the case may be, of the institution of the suit or proceeding in which the standard rent is determined.

section 1. of the delhi and ajmer rent control act : 1 this act may be called the delhi and ajmer rent control act, . 2 it extends to the areas specified in the first schedule and may be extended by the central government, by notification in the official gazette, to such other areas in the state of delhi or ajmer as may, from time to time, be specified in the notification: provided that the central government may, at any time, by a like notification direct that it shall cease to be in force in any such area, and with effect from such date, as may be specified in the notification. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 9th june, , vide notification no. s. r. o. , dated 3rd june , see gazette of india, part ii, s. 3.

section 7. of the delhi and ajmer rent control act : 1 where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this act, it shall be due and recoverable only in respect of the period of the tenancy after the end of the month in which the notice is given. 2 every notice under subsection 1 shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the transfer of property act, 4 of . 3 for the avoidance of doubt, it is hereby declared that the provisions of this section apply equally to any increase in rent payable by the subtenant.

section 2. of the delhi and ajmer rent control act : in this act, unless the context otherwise requires, a fair rate means the fair rate fixed under section 24 and includes the rate as revised under section 25 b hotel or lodging house means a building or part of a building where lodging with or without board or other services is provided for a monetary consideration c landlord means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of, or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant d lawful increase means an increase in rent permitted under the provisions of this act e manager of a hotel includes any person in charge of the management of the hotel f owner of a lodging house means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services g premises means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes i the garden, grounds and outhouses, if any, appertaining to such building or part of a building ii any furniture supplied by the landlord for use in such building or part of a building but does not include a room in a hotel or lodging house h prescribed means prescribed by rules made under this act i standard rent, in relation to any premises, means, i where the standard rent has been fixed by the court under section 8, the rent so fixed or ii where the standard rent has not been fixed under section 8, the standard rent of the premises as determined in accordance with the provisions of the second schedule j tenant means any person by whom or on whose account rent is payable for any premises and includes such subtenants and other persons as have derived title under a tenant under the provisions of any law before the commencement of this act.

section 4. of the delhi and ajmer rent control act : 1 except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of january, or where rent is payable under a lease entered into before the 1st day of january, , which has not expired before the first day of the period for which the rent is claimed, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises unless such amount is a lawful increase of the standard rent in accordance with the provisions of this act. 2 subject to the provisions of subsection 1, any agreement for the payment of rent in excess of the standard rent shall be null and void and shall be construed as if it were an agreement for the payment of the standard rent only.

section 9. of the delhi and ajmer rent control act : if an application for fixing the standard rent or for determining the lawful increase of such rent is made under section 8, the court shall, as expeditiously as possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending the final decision of the application and shall appoint a date from which the rent or lawful increase so specified shall be deemed to have effect.

section 3. of the delhi and ajmer rent control act : nothing in this act shall apply a to any premises belonging to the government or b to any tenancy or other like relationship created by a grant from the government in respect of the premises taken on lease, or requisitioned, by the government.

section 11. of the delhi and ajmer rent control act : any landlord or tenant may file an application to the court for fixing the standard rent of the premises or for determining the lawful increase of such rent a in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose, before the commencement of this act, within six months from such commencement b in the case of any premises let after the commencement of this act, within six months from the date on which it is so let and c in the case of any premises in which the cause of action for lawful increase of rent arises after the commencement of this act, within six months from that date: provided that the court may entertain the application after the expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from filing the application in time.

section 5. of the delhi and ajmer rent control act : 1 subject to the provisions of this act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary. 2 no person shall, in consideration of the grant, continuance or renewal of a tenancy or subtenancy of any premises, claim or receive the payment of any premium, pugree, fine, advance or any other like sum in addition to the rent. explanation.receipt of rent in advance for a period not exceeding one month shall not be deemed to be an advance within the meaning of this section. 3 it shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a subtenant to claim or receive any payment in consideration of the relinquishment of his tenancy or subtenancy, as the case may be, of any premises. 4 nothing in this section shall apply a to any payment made in pursuance of an agreement entered into before the 1st day of november, or b to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to the landlord, if one of the conditions of the agreement is that the landlord is to let to such person the whole or part of the premises when completed for the use of such person or any member of his family: provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person. explanation.for the purposes of clause b of this subsection, a member of the family means, in the case of an undivided hindu family, any member of such family and in the case of any other family, the husband, wife, son, daughter, father, mother, brother, sister or any other person dependent on him.

section 13. of the delhi and ajmer rent control act : 1 notwithstanding anything to the contrary contained in any other law or any contract, no decree or order for the recovery of possession of any premises shall be passed by any court in favour of the landlord against any tenant including a tenant whose tenancy is terminated: provided that nothing in this subsection shall apply to any suit or other proceeding for such recovery of possession if the court is satisfied a that the tenant has neither paid nor tendered the whole of the arrears of rent due within one month of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in section 106 of the transfer of property act, 4 of or b that the tenant without obtaining the consent of the landlord in writing has, after the commencement of this act, i sublet, assigned or otherwise parted with the possession of, the whole or any part of the premises or ii used the premises for a purpose other than that for which they were let or c that the tenant, without obtaining the consent of the landlord had, before the commencement of this act, i sublet, assigned or otherwise parted with the possession of, the whole or any part of the premises or ii used the premises for a purpose other than that for which they were let or d that the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the institution of any suit or proceeding for recovery of possession or e that the premises let for residential purposes are required bona fide by the landlord who is the owner of such premises for occupation as a residence for himself or his family and that he has no other suitable accommodation: explanation.for the purposes of this clause, residential premises include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes or f that the premises have become unsafe or unfit for human habitation and are bona fide required by the landlord for carrying out repairs which cannot be carried out without the premises being vacated or g that the premises are bona fide required by the landlord for the purpose of rebuilding the premises or for the replacement of the premises by any building or for the erection of other buildings and that such building or rebuilding cannot be carried out without the premises being vacated or h that the tenant has, whether before or after the commencement of this act, built, acquired vacant possession of, or been allotted, a suitable residence or i that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this act, to be in such service or employment or j that the conduct of the tenant is such that it is a nuisance or that it causes annoyance to the occupiers of the neighbouring premises or other occupiers of the same premises or k that the tenant has, whether before or after the commencement of this act, caused or permitted to be caused substantial damage to the premises, or notwithstanding previous notice has used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the government or the delhi improvement trust while giving him a lease of the land on which the premises are situated or l that the landlord requires the premises in order to carry out any building work at the instance of the government or the delhi improvement trust in pursuance of any improvement scheme or development scheme. 2 no decree or order for recovery of possession shall be passed on the ground specified in clause a of the proviso to subsection 1, if, on the first day of the hearing of the suit or within such further time as may be allowed by the court, the tenant pays in court the arrears of rent then due together with the costs of the suit. 3 for the purposes of clause b or clause c of the proviso to subsection 1, a court may presume that the premises let for use as a residence were or are sublet by a tenant in whole or in part to another person, if it is satisfied that such person not being a servant of the tenant or a member of the family of such servant was or has been residing in the premises or any part thereof for a period exceeding one month otherwise than in commonality with the tenant. 4 where a decree for recovery of possession is passed on the grounds specified in clause e of the proviso to subsection 1, the landlord shall not be entitled to obtain possession of the premises by an order of the court before the expiration of a period of three months from the date of the decree. 5 if the tenant contests the suit as regards the claim for ejectment, the plaintifflandlord may make an application at any stage of the suit for an order on the tenantdefendant to deposit month by month rent at a rate at which it was last paid and also the arrears of rent, if any, and the court, after giving an opportunity to the parties to be heard, may make an order for the deposit of rent at such rate month by month as it thinks fit and the arrears of rent, if any, and on the failure of the tenant to deposit the arrears of rent within fifteen days of the date of the order or to deposit the rent at such rate for any month by the 15th of the next following month, the court shall order the defence against ejectment to be struck out and the tenant to be placed in the same position as if he had not defended the claim to ejectment and the landlord may withdraw the amount of money in deposit without prejudice to his claim to any decree or order for recovery of possession of the premises. 6 for avoidance of doubts it is hereby declared that nothing in this section shall apply to any decree or order for recovery of possession of any premises passed before the commencement of this act.

section 6. of the delhi and ajmer rent control act : 1 where a landlord has at any time, whether before or after the commencement of this act, incurred expenditure for any improvement, addition or structural alteration in the premises , not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the standard rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding seven and a half per cent. of such cost. 2 where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant any amount so paid by him but no landlord shall recover from the tenant whether by means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant: provided that nothing in this subsection shall affect the liability of any tenant under an agreement entered into before the 1st day of january, , whether express or implied, to pay from time to time the amount of any such tax as aforesaid. 3 where a part of the premises let for use to a tenant has been sublet by him a the landlord may lawfully increase the rent payable by the tenant i in the case of any premises let for residential purposes, by an amount not exceeding twelve and onehalf per cent. of the standard rent of the part sublet ii in the case of any premises let for other purposes, by an amount not exceeding twentyfive per cent. of the standard rent of the part sublet b the tenant may lawfully increase the rent payable by the subtenant i in the case of any premises let for residential purposes, by an amount not exceeding twentyfive per cent. of the standard rent of the part sublet and ii in the case of any premises let for other purposes, by an amount not exceeding fifty per cent. of the standard rent of the part sublet c the tenant shall, on being so requested in writing by the landlord, supply, within fourteen days of such request being made, a statement in writing giving full particulars of any subletting including the rent charged.

section 14. of the delhi and ajmer rent control act : where a landlord recovers possession of any premises from the tenant by virtue of any decree or order made on the grounds specified in clause e of the proviso to subsection 1 of section 13 and the premises are not occupied by the landlord as a residence for himself or his family within two months of obtaining such possession or the premises having been so occupied, are, at any time within eight months of such occupation, relet in whole or in part to any person other than the evicted tenant, the court may, on the application of such evicted tenant, place him in vacant possession of the premises and award such damages to him as it thinks fit against the landlord.

section 10. of the delhi and ajmer rent control act : no collector of rents or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds the amount which he is entitled under this act to realise from the tenant or tenants of the premises.

section 17. of the delhi and ajmer rent control act : where the landlord in respect of any premises is any company or other body corporate or any local authority, or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities then, notwithstanding anything contained in section 13, the court may, on an application of such landlord, place him in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the court is satisfied a that the tenant, to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment or b that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises or c that any person is in unauthorised occupation of such premises or d that the premises are bona fide required by the public institution or the furtherance of its activities. explanation.for the purposes of this section, public institution includes any educational institution, library, hospital and charitable dispensary.

section 12., not recoverable under this act. of the delhi and ajmer rent control act : where any amount has been paid by any person whether before or after the commencement of this act, a on account of rent, being an amount which is by reason of the provisions of this act, not recoverable, or b as premium, pugree, fine, advance or other like sum in addition to the rent, the receiving of which is prohibited under this act, the court may, on an application made to it in this behalf at any time within a period of six months from the date of such payment, direct the landlord by whom or on whose behalf the amount was received to refund the amount to such person or, if such person is a tenant, direct that the amount so paid shall be deducted from the rent payable by the tenant to the landlord.

section 15. of the delhi and ajmer rent control act : 1 the court shall, when passing any decree or order on the grounds specified in clause f or clause g of the proviso to subsection 1 of section 13, ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the decree or order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or rebuilding, as the case may be. 2 if the tenant delivers possession on or before the date specified in the decree or order, the landlord shall, on the completion of the work of repairs or building or rebuilding place the tenant in occupation of the premises or part thereof. 3 if, after the tenant has delivered possession on or before the date specified in the decree or order, the landlord fails to commence the work of repairs or building or rebuilding within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accordance with subsection 2, the court may, on the application of the tenant made within one year from the specified date, order the landlord to place the tenant in occupation of the premises or part thereof on the original terms and conditions or to pay to such tenant such compensation as may be fixed by the court.

section 16. of the delhi and ajmer rent control act : where a landlord does not require the whole or any part of any premises for a particular period and he lets the premises or part thereof as a residence for such period as may be agreed to in writing between himself and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, the court may, on an application of such landlord, place him in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises.

section 18. of the delhi and ajmer rent control act : where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure, the landlord may apply to the court and the court may, if it is satisfied that the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, permit the landlord to do such work and may make such other orders as it thinks fit in the circumstances of the case.

section 24. of the delhi and ajmer rent control act : 1 where the controller, on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging house are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board or other services. 2 in determining the fair rate under subsection 1, the controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of september, and to any general increase in the cost of living after that date.

section 23. of the delhi and ajmer rent control act : the central government may, by notification in the official gazette, appoint any person to be a controller for the purpose of performing the functions assigned to him by this chapter.

section 20. of the delhi and ajmer rent control act : where the interest of a tenant of any premises is determined for any reason, any subtenant to whom the whole or any part of such premises has been lawfully sublet whether before or after the commencement of this act shall, subject to the provisions of this act, be deemed to become the tenant of the landlord on the same terms and conditions on which he would have held from the tenant if the tenancy had continued.

section 25. of the delhi and ajmer rent control act : on a written application from the manager of a hotel or the owner of a lodging house or otherwise, the controller may, from time to time, revise the fair rate to be charged for board, lodging or other service, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of the fair rate.

section 21. of the delhi and ajmer rent control act : notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any decree or order is passed by a court under this act for the recovery of possession of such premises, the decree or order shall, subject to the provisions of section 20, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom: provided that nothing in this section shall apply to any person who has an independent title to such premises.

section 19. of the delhi and ajmer rent control act : 1 the provisions of this section shall apply notwithstanding anything contained in section 13, but only in relation to premises in such areas as the central government may, from time to time, specify by notification in the official gazette. 2 where any premises which have been let comprise vacant grounds upon which it is permissible under the building regulations or other municipal byelaws for the time being in force to erect any building, whether for use as a residence or any other purpose and the landlord proposing to erect such building is unable to obtain possession of these grounds from the tenant by agreement with him, the landlord may apply to the court, and the court may, if it is satisfied that the landlord is ready and willing to commence the work and that the severance of the vacant grounds from the rest of the premises will not cause undue hardship to the tenant, a direct such severance, b place the landlord in possession of the vacant grounds, c determine the rent payable by the tenant thereafter in respect of the rest of the premises, and d make such other orders as it thinks fit in the circumstances of the case.

section 22. of the delhi and ajmer rent control act : the provisions of this chapter shall apply to all hotels and lodging houses within the municipalities of new delhi and delhi and the notified area of the civil station, delhi and may be applied by the central government, by notification in the official gazette, to such other areas in the state of delhi or ajmer as may be specified in the notification.

section 29. of the delhi and ajmer rent control act : 1 any person aggrieved by the order of the controller under this chapter may, within fifteen days on which the order is communicated to him, prefer an appeal in writing to the chief commissioner. 2 the chief commissioner shall call for the record of the controller and after examining the record and after making such further inquiry as he thinks fit either personally or through the controller, shall decide the appeal. 3 the decision of the chief commissioner and subject only to such decision, the order of the controller shall, for the purposes of this chapter, be final.

section 26. of the delhi and ajmer rent control act : when the controller has determined the fair rate of charges a the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written consent of the controller, withdraw from the lodgers any concession or service allowed at the time when the controller determined the fair rate b any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate c any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel or the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.

section 27. of the delhi and ajmer rent control act : 1 no fair rate under this chapter shall be fixed by the controller except after holding an inquiry. 2 every such inquiry shall be made summarily in the prescribed manner. 3 for the purposes of holding any inquiry under subsection 1, the controller may require the manager of a hotel or the owner of a lodging house to produce before him any books of account, documents or other information relating to the hotel or lodging house concerned which he may consider necessary and may himself enter, or authorise any person subordinate to him to enter, upon any premises to which the inquire relates.

section 28. of the delhi and ajmer rent control act : notwithstanding anything contained in this act, a manager of a hotel or owner of a lodging house shall be entitled to recover possession of the accommodation provided by him on obtaining a certificate from the controller certifying a that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger b that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory by the controller c that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof d that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owners interest therein e that the lodger has failed to pay the rent due from him.

section 35. of the delhi and ajmer rent control act : 1 the high court may, at any time, call for the record of any case under this act for the purpose of satisfying itself that a decision made therein is according to law and may pass such order in relation thereto as it thinks fit. 2 any court may, after giving notice to the parties, review its own order.

section 31. of the delhi and ajmer rent control act : a controller appointed under this act shall be deemed to be a public servant within the meaning of section 21 of the indian penal code act xlv of .

section 30. of the delhi and ajmer rent control act : any manager of a hotel or owner of a lodging house who i fails or refuses to produce before the controller any books of account or document or other information which the controller may require him to produce under subsection 3 of section 27, or refuses to allow the controller or any person authorised by him under the said subsection access to the premises to which the inquiry relates or ii charges any amount in excess of the fair rate in contravention of section 26, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

section 32. of the delhi and ajmer rent control act : no suit, prosecution or other legal proceeding shall lie against a controller in respect of anything which is in good faith done or intended to be done under this chapter.

section 34. of the delhi and ajmer rent control act : 1 any person aggrieved by any decree or order of a court passed under this act may, in such manner as may be prescribed, prefer an appeal a to the court of the senior subordinate judge, if any, where the value of the case does not exceed two thousand rupees: provided that here there is no senior subordinate judge, the appeal shall lie to the district judge b to the court of the district judge, where the value of the case exceeds two thousand rupees but does not exceed ten thousand rupees and c to the high court, where the value of the case exceeds ten thousand rupees. 2 no second appeal shall lie from any decree or order passed in any case under this act.

section 36. of the delhi and ajmer rent control act : subject to the provisions of part ii and part iii of the indian limitation act, ix of , any person aggrieved by a decree or an order passed in any case under this act may prefer an appeal a where it lies to any court other than the high court within thirty days from the date of such decree or order and b where it lies to the high court, within sixty days from the date of such decree or order.

section 33. of the delhi and ajmer rent control act : 1 any civil court in the state of delhi or ajmer which has jurisdiction to hear and decide a suit for recovery of possession of any premises shall have jurisdiction to hear and decide any case under this act relating to such premises if it has pecuniary jurisdiction and is otherwise competent to hear and decide such a case under any law for the time being in force. 2 the value of any case under this act, for the purposes of the pecuniary jurisdiction of the court, shall be determined by the amount of rent which is or would be payable for a period of twelve months, calculated according to the highest amount claimed in the case: provided that in the case of any proceeding based on the certificate of the controller under section 28, such value shall be determined by the amount of rent which is or would be payable for a period of one month. 3 if any question arises whether any suit, application or other proceeding is a case under this act, the question shall be determined by the court. 4 for the purposes of this chapter, a case under this act, includes any suit, application or other proceeding under this act and also includes any claim or question arising out of this act or any of its provisions but does not include any proceeding which a controller is empowered to decide under chapter iv.

section 37. of the delhi and ajmer rent control act : subject to any rules that may be made under this act, the court may hold a summary inquiry into any case under this act other than a suit for eviction under section 13 in which the question of title is involved and the practice and the procedure of a court of small causes shall, as far as may be, apply to such cases as if they were suits and other proceedings cognizable by a court of small causes.

section 38. of the delhi and ajmer rent control act : the provisions of this act and of the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

section 42. of the delhi and ajmer rent control act : whenever, after the commencement of this act, any premises are constructed, the landlord shall, within thirty days of the completion of such construction, give intimation thereof in writing to the estate officer to the government of india or to such other officer as may be specified in this behalf by the government.

section 39. of the delhi and ajmer rent control act : all premises, the construction of which is completed after the 1st day of june, , but before the expiry of three years from the commencement of this act, shall be exempt from the operation of all the provisions of this act for a period of seven years from the date of such completion.

section 45. of the delhi and ajmer rent control act : 1 the central government may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner of service of notice under this act b the procedure to be followed by courts for hearing suits, applications or other legal proceedings and in executing decrees or order is passed by such courts c the manner in which courts may hold summary inquiry under this act d levy of courtfees and other fees for suits, applications and other proceedings under this act e the manner in which a controller may hold enquiry under chapter iv f any other matter which has to be, or may be, prescribed.

section 40. of the delhi and ajmer rent control act : 1 notwithstanding anything contained in any law for the time being in force, and in the absence of agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair. 2 if the landlord neglects or fails to make within a reasonable time, after notice in writing any repairs which he is bound to make under subsection 1, the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: provided that the amount so deducted or recoverable in any year shall not exceed onetwelfth of the rent payable by the tenant for that year. 3 where any repairs without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the court for permission to make such repairs himself, provided that the cost of such repairs does not exceed rent for a period of two years payable by that tenant and where such repairs are made with the permission of the court, the limitation as to the amount deductible or recoverable as provided in subsection 2 shall not apply.

section 41. of the delhi and ajmer rent control act : 1 no landlord either himself or through any person purporting to act on his behalf shall without just or sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him. 2 if a landlord contravenes the provisions of subsection 1, the tenant may make an application to the court complaining of such contravention. 3 if the court is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the court may pass an order directing the landlord to restore the amenities immediately pending the inquiry referred to in subsection 4. explanation.an interim order may be passed under this subsection without giving notice to the landlord. 4 if the court on inquiry finds, that the essential supply or service enjoyed by the tenant in respect of the premises was cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such supply or service. 5 the court may in its discretion direct that compensation not exceeding fifty rupees a be paid to the landlord by the tenant, if the application under subsection 2 was made frivolously or vaxatiously b be paid to the tenant by the landlord if the landlord had cut off or withheld the supply or service without just or sufficient cause. explanation.in this section, essential supply or service includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

section 43. of the delhi and ajmer rent control act : 1 the provisions of this section shall apply only in relation to premises within the municipality of new delhi which are, or are intended to be let for use as a residence. 2 whenever any premises the standard rent of which is not less than two thousand and four hundred rupees per year becomes vacant, either by the landlord ceasing to occupy the premises or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise, a the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the estate officer to the government of india b whether or not such intimation is given, the estate officer may serve on the landlord by post or otherwise a notice i informing him that the premises are required by the government for such period as may be specified in the notice, and ii requiring him, and every person claiming under him, to deliver possession of the premises forthwith to such officer or person as may be specified in the notice: provided that where the landlord has given the intimation required by clause a no notice shall be issued by the estate officer under clause b more than seven days after the delivery to him of the intimation: provided further that nothing in this subsection shall apply in respect of any premises the possession of which has been obtained by the landlord on the basis of any decree or order made on the grounds set forth in clause e of the proviso to subsection 1 of section 13 or in respect of any premises which have been released from requisition for the use and occupation of the landlord himself. 3 upon the service of a notice under clause b of subsection 2, the premises shall be deemed to have been leased to the government for the period specified in the notice, as from the date of the delivery of the intimation under clause a of subsection 2 or in a case where no such intimation has been given, as from the date on which possession of the premises is delivered in pursuance of the notice, and the other terms of the lease shall be such as may be agreed upon between the government and the landlord or in default of agreement, as may be determined by the court, in accordance with the provisions of this act. 4 in every case where the landlord has in accordance with the provisions of subsection 2 given intimation of any premises becoming vacant and the premises are not taken on lease by the government under this section, the government shall pay to the landlord a sum equal to onefiftysecond of the standard rent per year of the premises. 5 any premises taken on lease by the government under this section may be put to any such use as the government thinks fit, and in particular the government may permit the use of the premises for the purposes of any public institution or any foreign embassy, legation or consulate or any high commissioner or trade commissioner, or as a residence by any officer in the service of the government or of a foreign embassy, legation or consulate or of a high commissioner or trade commissioner.

section 46. of the delhi and ajmer rent control act : 1 the delhi and ajmermerwara rent control act, 19 of is hereby repealed. 2 notwithstanding such repeal, all suits and other proceedings pending at the commencement of this act, whether before any court or the rent controller appointed under the fourth schedule to the said act, shall be disposed of in accordance with the provisions of the said act as if the said act had continued in force and this act had not been passed: provided that the procedure laid down in this act shall, as far as may be, apply to suits and other proceedings pending before any court. 3 part iv of the bombay rents, hotel rates and lodging house rates control act, bombay act vii of as extended to the municipality of new delhi, the notified area of the civil station, delhi and the municipality of delhi by a notification of the government of india in the late department of works, mines and power no.w.ii/47, dated the 18th march, shall cease to have effect in the said areas and for the removal of doubts it is hereby declared that section 6 of the general clauses act, x of shall apply in relation to such cesser as it applies in relation to the repeal of an enactment by a central act.

section 44. of the delhi and ajmer rent control act : 1 if any person receives any payment in contravention of the provisions of section 5, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to an amount exceeding one thousand rupees by the amount of unlawful charges so received by him, or with both. 2 if any tenant fails to comply with the provisions of clause c of subsection 3 of section 6, or supplies under that clause, a statement which is false in any material particular, he shall be punishable with fine which may extend to one thousand rupees. 3 if any tenant sublets the whole or part of any premises in contravention of the provisions of clause b of the proviso to subsection 1 of section 13, he shall be punishable with fine which may extend to one hundred rupees. 4 if any landlord contravenes the provisions of section 41, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both. 5 if any landlord fails to comply with the provisions of section 42, he shall be punishable with fine which may extend to one hundred rupees. 6 if any person contravenes the provisions of clause a of subsection 2 of section 43, or fails to comply with a requirement under clause b thereof, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 7 no court shall take cognizance of an offence punishable under subsection 1 unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence. 8 notwithstanding anything contained in the code of criminal procedure, act 5 of , any magistrate of the first class may pass a sentence of fine exceeding one thousand rupees on a person convicted of an offence punishable under subsection 1.

section 3. of the jammu and kashmir representation of the people supplementary act 3 of : 1 the jammu and kashmir representation of the people supplementary ordinance, 2 of is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act .

The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968 (3 of 1968)

section 2. of the jammu and kashmir representation of the people supplementary act 3 of : the provisions of sections 116a, 116b and 116c of the representation of the people act, 43 of shall, so far as may be, apply to every order made by the high court of jammu and kashmir subject to the following modifications, namely: a references therein to the high court shall be construed as including references to the high court of jammu and kashmir, b references therein to the state legislature or to the speaker or chairman thereof, shall be construed as including references to the legislature of the state of jammu and kashmir and to the speaker or chairman thereof, and c references therein to the provisions of the representation of the people act, 43 of , shall, in relation to the state of jammu and kashmir, be construed as references to the corresponding provisions of the jammu and kashmir representation of the people act, jammu and kashmir act no. iv of . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 1. of the jammu and kashmir representation of the people supplementary act 3 of : 1 this act may be called the jammu and kashmir representation of the people supplementary act, . 2 it shall be deemed to have come into force on the 9th day of february, .

section 7a. of the securities and exchange board of india act : 17a. member not to participate in meetings in certain cases.any member, who is a director of a company and who as such director has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the board, and the member shall not take any part in any deliberation or decision of the board with respect to that matter. 1. ins. by s. 4, ibid. w.e.f. .

section 1. of the securities and exchange board of india act : 1 this act may be called the securities and exchange board of india act, . 2 it extends to the whole of india. 3 it shall be deemed to have come into force on the 30th day of january, .

section 2. of the securities and exchange board of india act : 1 in this act, unless the context otherwise requires, a board means the securities and exchange board of india established under section 3 b chairman means the chairman of the board 1ba collective investment scheme means any scheme or arrangement which satisfies the conditions specified in section 11aa c existing securities and exchange board means the securities and exchange board of india constituted under the resolution of the government of india in the department of economic affairs no. 144se/86, dated the 12th day of april, d fund means the fund constituted under section 14 2da insurance regulatory and development authority means the insurance regulatory and development authority of india established under subsection 1 of section 3 of the insurance regulatory and development authority act, 41 of db judicial member means a member of the securities appellate tribunal appointed under subsection 1 of section 15ma and includes the presiding officer. e member means a member of the board and includes the chairman f notification means a notification published in the official gazette 2fa pension fund regulatory and development authority means the pension fund regulatory and development authority established under subsection 1 of section 3 of the pension fund regulatory and development authority act, 23 of g prescribed means prescribed by rules made under this act h regulations means the regulations made by the board under this act 3ha reserve bank means the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of i securities has the meaning assigned to it in section 2 of the securities contracts regulation act, 42 of . 2j technical member means a technical member appointed under subsection 1 of section 15 mb. 42 words and expressions used and not defined in this act but defined in 5the securities contracts regulation act, 42 of or the depositories act, 22 of shall have the meanings respectively assigned to them in that act. 1. ins. by act 31 of , s. 11 w.e.f. . 2. ins. by act 7 of , s. 146 w.e.f. . 3. ins. by act 59 of , s. 2 w.e.f. . 4. subs. by act 9 of , s. 2, for subsection 2 w.e.f. . 5. subs. by act 22 of , s. 30 and the schedule, for the securities contracts regulation act, 42 of w.e.f. .

section 7. of the securities and exchange board of india act : 1 the board shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings as may be provided by regulation. 2 the chairman or, if for any reason, he is unable to attend a meeting of the board, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting. 3 all questions which come up before any meeting of the board shall be decided by a majority votes of the members present and voting, and, in the event of an equality of votes, the chairman, or in his absence, the person presiding, shall have a second or casting vote.

section 4. of the securities and exchange board of india act : 1 the board shall consist of the following members, namely: a a chairman b two members from amongst the officials of the 1ministry of the central government dealing with finance 2and administration of the companies act, 1 of c one member from amongst the officials of 3the reserve bank 4d five other members of whom at least three shall be the wholetime members, to be appointed by the central government. 2 the general superintendence, direction and management of the affairs of the board shall vest in a board of members, which may exercise all powers and do all acts and things which may be exercised or done by the board. 3 save as otherwise determined by regulations, the chairmen shall also have powers of general superintendence and direction of the affairs of the board and may also exercise all powers and do all acts and things which may be exercised or done by that board. 4 the chairman and members referred to in clauses a and d of subsection 1 shall be appointed by the central government and the members referred to in clauses b and c of that subsection shall be nominated by the central government and the 5reserve bank respectively. 5 the chairman and the other members referred to in clauses a and d of subsection 1 shall be persons of ability, integrity and standing who have shown capacity in dealing with problems relating to securities market or have special knowledge or experience of law, finance, economics, accountancy, administration or in any other discipline which, in the opinion of the central government, shall be useful to the board. 1. subs. by act 59 of , s. 3, for ministries w.e.f. . 2. subs. by s. 3, ibid., for and law w.e.f. . 3. subs. by s. 3, ibid., for the reserve bank of india constituted under section 3 of the reserve bank of india act, 2 of w.e.f. . 4. subs. by s. 3, ibid., for clause d w.e.f. . 5. subs. by s. 3, ibid., for reserve bank of india w.e.f. .

section 3. of the securities and exchange board of india act : 1 with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, a board by the name of the securities and exchange board of india. 2 the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. 3 the head office of the board shall be at bombay. 4 the board may establish offices at other places in india.

section 9. of the securities and exchange board of india act : 1 the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act. 2 the term and other conditions of service of officers and employees of the board appointed under subsection 1 shall be such as may be determined by regulations.

section 10., of existing securities and exchange board to the board. of the securities and exchange board of india act : 1 on and from the date of establishment of the board, a any reference to the existing securities and exchange board in any law other than this act or in any contract or other instrument shall be deemed as a reference to the board b all properties and assets, movable and immovable, of, or belonging to, the existing securities and exchange board, shall vest in the board c all rights and liabilities of the existing securities and exchange board shall be transferred to, and be the rights and liabilities of, the board d without prejudice to the provisions of clause c, all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing securities and exchange board immediately before that date, for or in connection with the purpose of the said existing board shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the board e all sums of money due to the existing securities and exchange board immediately before that date shall be deemed to be due to the board f all suits and other legal proceedings instituted or which could have been instituted by or against the existing securities and exchange board immediately before that date may be continued or may be instituted by or against the board and g every employee holding any office under the existing securities and exchange board immediately before that date shall hold his office in the board by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the board had not been established and shall continue to do so as an employee of the board or until the expiry of the period of six months from that date if such employee opts not to be the employee of the board within such period. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, absorption of any employee by the board in its regular service under this section shall not entitle such employee to any compensation under that act or other law and no such claim shall be entertained by any court, tribunal or other .

section 6. of the securities and exchange board of india act : 1 the central government shall remove a member from office if he a is, or at any time has been, adjudicated as insolvent b is of unsound mind and stands so declared by a competent court c has been convicted of an offence which, in the opinion of the central government, involves a moral turpitude 2 e has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter. 1. the brackets and figure 1 omitted by act 9 of , s. 3 w.e.f. . 11. clause d omitted by act 9 of , s. 3 w.e.f. .

section 8., not to invalidate proceedings of board. of the securities and exchange board of india act : no act or proceeding of the board shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the board or b any defect in the appointment of a person acting as a member of the board or c any irregularity in the procedure of the board not affecting the merits of the case.

section 11. of the securities and exchange board of india act : 1 subject to the provisions of this act, it shall be the duty of the board to protect the interests of investors in securities and to promote the development of, and to regulate the securities market, by such measures as it thinks fit. 2 without prejudice to the generality of the foregoing provisions, the measures referred to therein may provide for a regulating the business in stock exchanges and any other securities markets b registering and regulating the working of stock brokers, subbrokers, share transfer agents, bankers to an issue, trustees of trust deeds, registrars to an issue, merchant bankers, underwriters, portfolio managers, investment advisers and such other intermediaries who may be associated with securities markets in any manner 1ba registering and regulating the working of the 2depositories, participants, custodians of securities, foreign institutional investors, credit rating agencies and such other intermediaries as the board may, by notification, specify in this behalf c registering and regulating the working of 3venture capital funds and collective investment schemes, including mutual funds d promoting and regulating selfregulatory organisations e prohibiting investors education and training of intermediaries of securities markets f promoting investors education and training of intermediaries of securities markets g prohibiting insider trading in securities h regulating substantial acquisition of shares and takeover of companies i calling for information from, undertaking inspection, conducting inquiries and audits of the4stock exchanges, mutual funds, other persons associated with the securities market intermediaries and selfregulatory organisations in the securities market 5ia calling for information and records from any person including any bank or any other authority or board or corporation established or constituted by or under any central or state act which, in the opinion of the board, shall be relevant to any investigation or inquiry by the board in respect of any transaction in securities 6ib calling for information from, or furnishing information to, other authorities, whether in india or outside india, having functions similar to those of the board, in the matters relating to the prevention or detection of violations in respect of securities laws, subject to the provisions of other laws for the time being in force in this regard: provided that the board, for the purpose of furnishing any information to any authority outside india, may enter into an arrangement or agreement or understanding with such authority with the prior approval of the central government j performing such functions and exercising such powers under the provisions of 7 the securities contracts regulation act, 42 of , as may be delegated to it by the central government k levying fees or other charges for carrying out the purposes of this section l conducting research for the above purposes 8la calling from or furnishing to any such agencies, as may be specified by the board, such information as may be considered necessary by it for the efficient discharge of its functions m performing such other functions as may be prescribed. 92a without prejudice to the provisions contained in subsection 2, the board may take measures to undertake inspection of any book, or register, or other document or record of any listed public company or a public company not being intermediaries referred to in section 12 which intends to get its securities listed on any recognised stock exchange where the board has reasonable grounds to believe that such company has been indulging in insider trading or fraudulent and unfair trade practices relating to securities market. 103 notwithstanding anything contained in any other law for the time being in force while exercising exercising the powers under 11clause i or clause ia of subsection 2 or subsection 2a, the board shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of while trying a suit, in respect of the following matters, namely: i the discovery and production of books of account and other documents, at such place and such time as may be specified by the board ii summoning and enforcing the attendance of persons and examining them on oath iii inspection of any books, registers and other documents of any person referred to in section 12, at any place 12iv inspection of any book, or register, or other document or record of the company referred to in subsection 2a v issuing commissions for the examination of witnesses or documents. 124 without prejudice to the provisions contained in subsections 1, 2, 2a and 3 and section 11b, the board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely: a suspend the trading of any security in a recognised stock exchange b restrain persons from accessing the securities market and prohibit any person associated with securities market to buy, sell or deal in securities c suspend any officebearer of any stock exchange or selfregulatory organisation from holding such position d impound and retain the proceeds or securities in respect of any transaction which is under investigation 13e attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder: provided that the board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the special court, established under section 26a, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28a shall apply: provided further that only property, bank account or accounts or any transaction entered therein, so far as if related to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached. f direct any intermediary or any person associated with the securities market in any manner not to dispose of or alienate an asset forming part of any transaction which is under investigation: provided that the board may, without prejudice to the provisions contained in subsection 2 or subsection 2a, take any of the measures specified in clause d or clause e or clause f, in respect of any listed public company or a public company not being intermediaries referred to in section 12 which intends to get its securities listed on any recognised stock exchange where the board has reasonable grounds to believe that such company has been indulging in insider trading or fraudulent and unfair trade practices relating to securities market: provided further that the board shall, either before or after passing such orders, give an opportunity of hearing to such intermediaries or persons concerned. 144a without prejudice to the provisions contained in subsections 1, 2, 2a, 3 and 4, section 11b and section section 15i, the board may, by an order, for reasons to be recorded in writing, levy penalty under sections 15a, 15b, 15c, 15d, 15e, 15ea, 15eb, 15f, 15g, 15h, 15ha and 15hb after holding an inquiry in the prescribed manner. 155 the amount disgorged, pursuant to a direction issued, under section 11b of this act or section 12a of the securities contracts regulation act, 42 of or section 19 of the depositories act, 22 of , 12or under a settlement made under section 15jb or section 23ja of the securities contracts regulation act, 42 of or section 19ia of the depositories act, 22 of as the case may be, shall be credited to the investor protection and education fund established by the board and such amount shall be utilised by the board in accordance with the regulations made under this act. 1. ins. by act 9 of , s. 5 w.e.f. . 2 subs. by act 22 of , s. 30 and the schedule, for depositories, custodians w.e.f. 3. subs. by act 9 of , s. 5, for collective investment schemes w.e.f. . 4. subs. by s. 5,ibid., for stock exchanges and w.e.f. . . 5. subs. by act 27 of , s. 2, for clause ia w.e.f. . 6. ins. by s. 2, ibid. w.e.f. . 7. the words, brackets and figures the capital issues control act, 29 of and omitted by act 9 of , s. 5 w.e.f. . 8. ins. by s. 5, ibid. w.e.f. . 9. ins. by act 59 of , s. 4 w.e.f. . 10. ins. by act 9 of , s. 5 w.e.f. . 11. subs. by act 59 of , s. 4, for clause i of subsection 2 w.e.f. . 12 ins. by act 59 of , s. 4 w.e.f. . 13. subs. by act 21 of , s. 42 and the second schedule, for clause e w.e.f. . 14. ins. by act 13 of , s. 179 w.e.f. . 15. ins. by act 27 of , s. 2 w.e.f. .

section 5. of the securities and exchange board of india act : 1 the term of office and other conditions of service of the chairman and the members referred to in clause d of subsection 1 of section 4 shall be such as may be prescribed. 2 notwithstanding anything contained in subsection 1, the central government shall have the right to terminate the services of the chairman or a member appointed under clause d of subsection 1 of section 4, at any time before the expiry of the period prescribed under subsection 1, by giving him notice of not less than three months in writing or three months salary and allowances in lieu thereof, and the chairman or a member, as the case may be, shall also have the right to relinquish his office, at any time before the expiry of the period prescribed under subsection 1, by giving to the central government notice of not less than three months in writing.

section 11a. of the securities and exchange board of india act : 1 211a. board to regulate or prohibit issue of prospectus, offer document or advertisement soliciting money for issue of securities. 1 without prejudice to the provisions of the companies act, 1 of , the board may, for the protection of investors, a specify, by regulations i the matters relating to issue of capital, transfer of securities and other matters incidental thereto and ii the manner in which such matters shall be disclosed by the companies b by general or special orders i prohibit any company from issuing prospectus, any offer document, or advertisement soliciting money from the public for the issue of securities ii specify the conditions subject to which the prospectus, such offer document or advertisement, if not prohibited, may be issued. 2 without prejudice to the provisions of section 21 of the securities contracts regulation act, 42 of , the board may specify the requirements for listing and transfer of securities and other matters incidental thereto. 1. ins. by act 9 of , s. 6 w.e.f. . 2. subs. by act 59 of , s. 5, for section 11a w.e.f. .

section 11aa. of the securities and exchange board of india act : 111aa. collective investment scheme. 1 any scheme or arrangement which satisfies the conditions referred to in subsection 2 2or subsection 2a shall be a collective investment scheme: 2provided that any pooling of funds under any scheme or arrangement, which is not registered with the board or is not covered under subsection 3, involving a corpus amount of one hundred crore rupees or more shall be deemed to be a collective investment scheme. 2 any scheme or arrangement made or offered by any 3person under which, i the contributions, or payments made by the investors, by whatever name called, are pooled and utilized for the purposes of the scheme or arrangement ii the contributions or payments are made to such scheme or arrangement by the investors with a view to receive profits, income, produce or property, whether movable or immovable, from such scheme or arrangement iii the property, contribution or investment forming part of scheme or arrangement, whether identifiable or not, is managed on behalf of the investors iv the investors do not have daytoday control over the management and operation of the scheme or arrangement. 22a any scheme or arrangement made or offered by any person satisfying the conditions as may be specified in accordance with the regulations made under this act. 3 notwithstanding anything contained in subsection 2 2or subsection 2a, any scheme or arrangement i made or offered by a cooperative society registered under the cooperative societies act, 2 of or a society being a society registered or deemed to be registered under any law relating to cooperative societies for the time being in force in any state ii under which deposits are accepted by nonbanking financial companies as defined in clause f of section 45i of the reserve bank of india act, 2 of iii being a contract of insurance to which the insurance act, 4 of , applies iv providing for any scheme, pension scheme or the insurance scheme framed under the employees provident funds and miscellaneous provisions act, 19 of v under which deposits are accepted under section 58a of the companies act, 1 of vi under which deposits are accepted by a company declared as a nidhi or a mutual benefit society under section 620a of the companies act, 1 of vii falling within the meaning of chit business as defined in clause e of section 2 of the chit funds act, 40 of viii under which contributions made are in the nature of subscription to a mutual fund 4ix such other scheme or arrangement which the central government may, in consultation with the board, notify, shall not be a collective investment scheme. 1. ins. by act 31 of , s. 11 w.e.f. . 2. ins. by 27 of , s. 3 w.e.f. . 3. subs. by s. 3, ibid., for company w.e.f. . 4. ins. by act 27 of , s. 3 w.e.f.

section 11b. of the securities and exchange board of india act : 111b. power to issue directions 2and a levy penalty. save as otherwise provided in section 11, if after making or causing to be made an enquiry, the board is satisfied that it is necessary i in the interest of investors, or orderly development of securities market or ii to prevent the affairs of any intermediary or other persons referred to in section 12 being conducted in a manner detrimental to the interests of investors or securities market or iii to secure the proper management of any such intermediary or person, it may issue such directions a to any person or class of persons referred to in section 12, or associated with the securities market or b to any company in respect of matters specified in section 11a, as may be appropriate in the interests of investors in securities and the securities market. 3explanation.for the removal of doubts, it is hereby declared that the power to issue directions under this section shall include and always be deemed to have been included the power to direct any person, who made profit or averted loss by indulging in any transaction or activity in contravention of the provisions of this act or regulations made thereunder, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention. 12 without prejudice to the provisions contained in subsection 1, subsection 4a of section 11 and section 15i, the board may, by an order, for reasons to be recorded in writing, levy penalty under sections 15a, 15b, 15c, 15d, 15e, 15ea, 15eb, 15f, 15g, 15h, 15ha and 15hb after holding an inquiry in the prescribed manner. 1. ins. by act 9 of , s. 6 w.e.f. 2.ins. by act 13 of , s. 180 w.e.f. . 3. ins. by act 27 of , s. 4 w.e.f. .

section 11c. of the securities and exchange board of india act : 1211c. investigation. 1 where the board has reasonable ground to believe that a the transactions in securities are being dealt with in a manner detrimental to the investors or the securities market or b any intermediary or any person associated with the securities market has violated any of the provisions of this act or the rules or the regulations made or directions issued by the board thereunder, it may, at any time by order in writing, direct any person hereafter in this section referred to as the investigating authority specified in the order to investigate the affairs of such intermediary or persons associated with the securities market and to report thereon to the board. 2 without prejudice to the provisions of sections 235 to 241 of the companies act, 1 of , it shall be the duty of every manager, managing director, officer and other employee of the company and every intermediary referred to in section 12 or every person associated with the securities market to preserve and to produce to the investigating authority or any person authorised by it in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power. 3 the investigating authority may require any intermediary or any person associated with securities market in any manner to furnish such information to, or produce such books, or registers, or other documents, or record before it or any person authorised by it in this behalf as it may consider necessary if the furnishing of such information or the production of such books, or registers, or other documents, or record is relevant or necessary for the purposes of its investigation. 4 the investigating authority may keep in its custody any books, registers, other documents and record produced under subsection 2 or subsection 3 for six months and thereafter shall return the same to any intermediary or any person associated with securities market by whom or on whose behalf the books, registers, other documents and record are produced: provided that the investigating authority may call for any book, register, other document and record if they are needed again: provided further that if the person on whose behalf the books, registers, other documents and record are produced requires certified copies of the books, registers, other documents and record produced before the investigating authority, it shall give certified copies of such books, registers, other documents and record to such person or on whose behalf the books, registers, other documents and record were produced. 5 any person, directed to make an investigation under subsection 1, may examine on oath, any manager, managing director, officer and other employee of any intermediary or any person associated with securities market in any manner, in relation to the affairs of his business and may administer an oath accordingly and for that purpose may require any of those persons to appear before it personally. 6 if any person fails without reasonable cause or refuses a to produce to the investigating authority or any person authorised by it in this behalf any book, register, other document and record which is his duty under subsection 2 or subsection 3 to produce or b to furnish any information which is his duty under subsection 3 to furnish or c to appear before the investigating authority personally when required to do so under subsection 5 or to answer any question which is put to him by the investigating authority in pursuance of that subsection or d to sign the notes of any examination referred to in subsection 7, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to one crore rupees, or with both, and also with a further fine which may extend to five lakh rupees for every day after the first during which the failure or refusal continues. 7 notes of any examination under subsection 5 shall be taken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him. 8 where in the course of investigation, the investigating authority has reasonable ground to believe that the books, registers, other documents and record of, or relating to, any intermediary or any person associated with securities market in any manner, may be destroyed, mutilated, altered, falsified or secreted, the investigating authority may make an application to 3the magistrate or judge of such designated court in mumbai, as may be notified by the central government for an order for the seizure of such books, registers, other documents and record. 48a the authorised officer may requisition the services of any police officer or any officer of the central government, or of both, to assist him for all or any of the purposes specified in subsection 8 and it shall be the duty of every such officer to comply with such requisition. 9 after considering the application and hearing the investigating authority, if necessary, 5the magistrate or judge of the designated court may, by order, authorise the investigating authority a to enter, with such assistance, as may be required, the place or places where such books, registers, other documents and record are kept b to search that place or those places in the manner specified in the order and c to seize books, registers, other documents and record, it considers necessary for the purposes of the investigation: provided that 5the magistrate or judge of the designated court shall not authorise seizure of books, registers, other documents and record, of any listed public company or a public company not being the intermediaries specified under section 12 which intends to get its securities listed on any recognised stock exchange unless such company indulges in insider trading or market manipulation. 10 the investigating authority shall keep in its custody the books, registers, other documents and record seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the company or the other body corporate, or, as the case may be, to the managing director or the manager or any other person, from whose custody or power they were seized and inform 4the magistrate or judge of the designated court of such return: provided that the investigating authority may, before returning such books, registers, other documents and record as aforesaid, place identification marks on them or any part thereof. 11 save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the code of criminal procedure, 2 of relating to searches or seizures made under that code. 1. ins. by act 9 of , s. 6 w.e.f. 2. ins. by act 59 of , s. 6 w.e.f. 3. subs. by act 27 of , s. 5, for the judicial magistrate of the first class having jurisdiction w.e.f. . 4. ins. by s. 5, ibid. w.e.f. . 5. subs. by s. 5, ibid., for the magistrate w.e.f. .

section 14. of the securities and exchange board of india act : 1 there shall be constituted a fund to be called the securities and exchange board of india general fund and there shall be credited thereto a all grants, fees and charges received by the board under this act 1 2 b all sums received by the board from such other sources as may be decided upon by the central government. 2 the fund shall be applied for meeting a the salaries, allowances and other remuneration of the members, officers and other employees of the board b the expenses of the board in the discharge of its functions under section 11 c the expenses on objects and for purposes authorised by this act. 1. the word and omitted by act 9 of , s. 8 w.e.f. . 2. clause aa omitted by act 59 of , s. 8 w.e.f. .

section 12. of the securities and exchange board of india act : 1 no stockbroker, subbroker, share transfer agent, banker to an issue, trustee of trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser and such other intermediary who may be associated with securities market shall buy, sell or deal in securities except under, and in accordance with, the conditions of a certificate of registration obtained from the board in accordance with the 1regulations made under this act: provided that a person buying or selling securities or otherwise dealing with the securities market as a stockbroker, subbroker, share transfer agent, banker to an issue, trustee of trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser and such other intermediary who may be associated with securities market immediately before the establishment of the board for which no registration certificate was necessary prior to such establishment, may continue to do so for a period of three months from such establishment or, if he has made an application for such registration within the said period of three months, till the disposal of such application: 2provided further that any certificate of registration, obtained immediately before the commencement of the securities laws amendment act, 9 of , shall be deemed to have been obtained from the board in accordance with the regulations providing for such registration. 21a no 3depository, participant, custodian of securities, foreign institutional investor, credit rating agency or any other intermediary associated with the securities market as the board may by notification in this behalf specify, shall buy or sell or deal in securities except under and in accordance with the conditions of a certificate of registration obtained from the board in accordance with the regulations made under this act: provided that a person buying or selling securities or otherwise dealing with the securities market as a 3depository, participant, custodian of securities, foreign institutional investor or credit rating agency immediately before the commencement of the securities laws amendment act, 9 of , for which no certificate of registration was required prior to such commencement, may continue to buy or sell securities or otherwise deal with the securities market until such time regulations are made under clause d of subsection 2 of section 30. 1b no person shall sponsor or cause to be sponsored or carry on or cause to be carried on any venture capital funds or collective investment scheme including mutual funds, unless he obtains a certificate of registration from the board in accordance with the regulations: provided that any person sponsoring or causing to be sponsored, carrying or causing to be carried on any venture capital funds or collective investment scheme operating in the securities market immediately before the commencement of the securities laws amendment act, 9 of for which no certificate of registration was required prior to such commencement, may continue to operate till such time regulations are made under clause d of subsection 2 of section 30. 4ic no person shall sponsor or cause to be sponsored or carry on or cause to be carried on the activity of an alternative investment fund or a business trust as defined in clause 13a of section 2 of the incometax act, 43 of , unless a certificate or registration is granted by the board in accordance with the regulations made under this act. 5explanation.for the removal of doubts, it is hereby declared that, for the purposes of this section, a collective investment scheme or mutual fund shall not include any unit linked insurance policy or scrips or any such instrument or unit, by whatever name called, which provides a component of investment besides the component of insurance issued by an insurer. 2 every application for registration shall be in such manner and on payment of such fees as may be determined by regulations. 3 the board may, by order, suspend or cancel a certificate of registration in such manner as may be determined by regulations: provided that no order under this subsection shall be made unless the person concerned has been given a reasonable opportunity of being heard. 1. subs. by act 9 of , s. 7, for rules w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by act 22 of , s. 30 and the schedule, for depository, custodian w.e.f. . 4.ins. by act 13 of , s. 159 w.e.f. . 5. ins. by act 26 of , s. 4 w.e.f. .

section 11d. of the securities and exchange board of india act : 111d. cease and desist proceedings. if the board finds, after causing an inquiry to be made, that any person has violated, or is likely to violate, any provisions of this act, or any rules or regulations made thereunder, it may pass an order requiring such person to cease and desist from committing or causing such violation: provided that the board shall not pass such order in respect of any listed public company or a public company other than the intermediaries specified under section 12 which intends to get its securities listed on any recognised stock exchange unless the board has reasonable grounds to believe that such company has indulged in insider trading or market manipulation. 1. ins. by act 9 of , s. 6 w.e.f.

section 12a. of the securities and exchange board of india act : 112a. prohibition of manipulative and deceptive devices, insider trading and substantial acquisition of securities or control. no person shall directly or indirectly a use or employ, in connection with the issue, purchase or sale of any securities listed or proposed to be listed on a recognised stock exchange, any manipulative or deceptive device or contrivance in contravention of the provisions of this act or the rules or the regulations made thereunder b employ any device, scheme or artifice to defraud in connection with issue or dealing in securities which are listed or proposed to be listed on a recognised stock exchange c engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions of this act or the rules or the regulations made thereunder d engage in insider trading e deal in securities while in possession of material or nonpublic information or communicate such material or nonpublic information to any other person, in a manner which is in contravention of the provisions of this act or the rules or the regulations made thereunder f acquire control of any company or securities more than the percentage of equity share capital of a company whose securities are listed or proposed to be listed on a recognised stock exchange in contravention of the regulations made under this act. 1. ins. by act 59 of , s. 7 w.e.f. . br

section 13. of the securities and exchange board of india act : the central government may, after due appropriation made by parliament by law in this behalf, make to the board grants of such sums of money as that government may think fit for being utilised for the purposes of this act.

section 15a. of the securities and exchange board of india act : 115a. penalty for failure to furnish information, return, etc if any person, who is required under this act or any rules or regulations made thereunder, a to furnish any document, return or report to the board, fails to furnish the same, 2or who furnishes or files false, incorrect or incomplete information, return, report, books or other documents he shall be liable to 3a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees b to file any return or furnish any information, books or other documents within the time specified therefor in the regulations, fails to file return or furnish the same within the time specified therefor in the regulations, he shall be liable to 5a penalty 3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees c to maintain books of account or records, fails to maintain the same, he shall be liable to 6a penalty 3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. . 2. ins. by act 13 of , s. 181 w.e.f. . 3. subs. by act 59 of , s. 9, for a penalty not exceeding one lakh and fifty thousand rupees for each such failure w.e.f. . 4. subs. by act 27 of , s. 6, for certain words w.e.f. . 5. subs. by act 59 of , s. 9, for a penalty not exceeding five thousand rupees for every day during which such failure continues w.e.f. . 6. subs. by s. 9, ibid., for a penalty not exceeding ten thousand rupees for every day during which such failure continues w.e.f. .

section 15. of the securities and exchange board of india act : 1 the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the board shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditorgeneral of india. 3 the comptroller and auditorgeneral of india and any other person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board. 4 the accounts of the board as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 15b. of the securities and exchange board of india act : 115b. penalty for failure by any person to enter into agreement with clients. if any person, who is registered as an intermediary and is required under this act or any rules or regulations made thereunder to enter into an agreement with his client, fails to enter into such agreement, he shall be liable to 2a penalty 3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. /b 2. subs. by s. 10, ibid., for a penalty not exceeding five lakh rupees for every such failure w.e.f. . 3. subs. by act 27 of , s. 7, for certain words w.e.f..

section 15g. of the securities and exchange board of india act : 115g. penalty for insider trading. if any insider who, i either on his own behalf or on behalf of any other person, deals in securities of a body corporate listed on any stock exchange on the basis of any unpublished price sensitive information or ii communicates any unpublished price sensitive information to any person, with or without his request for such information except as required in the ordinary course of business or under any law or iii counsels, or procures for any other person to deal in any securities of any body corporate on the basis of unpublished price sensitive information, shall be liable to a penalty 2which shall not be less than ten lakh rupees but which may extend to twentyfive crore rupees or three times the amount of profits made out of insider trading, whichever is higher. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. subs. by act 27 of , s.12, for certain words w.e.f..

section 15d. of the securities and exchange board of india act : 115d. penalty for certain defaults in case of mutual funds if any person, who is a required under this act or any rules or regulations made thereunder to obtain a certificate of registration from the board for sponsoring or carrying on any collective investment scheme, including mutual funds, sponsors or carries on any collective investment scheme, including mutual funds, without obtaining such certificate of registration, he shall be liable to 2a penalty3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which he sponsors or carries on any such collective investment scheme including mutual funds subject to a maximum of one crore rupees b registered with the board as a collective investment scheme, including mutual funds, for sponsoring or carrying on any investment scheme, fails to comply with the terms and conditions of certificate of registration, he shall be liable to 4a penalty 5which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees c registered with the board as a collective investment scheme including mutual funds, fails to make an application for listing of its schemes as provided for in the regulations governing such listing, he shall be liable to 6a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees d registered as a collective investment scheme, including mutual funds, fails to despatch unit certificates of any scheme in the manner provided in the regulation governing such despatch, he shall be liable to 6a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees e registered as collective investment scheme, including mutual funds, fails to refund the application monies paid by the investors within the period specified in the regulations, he shall be liable to 8a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees f registered as a collective investment scheme, including mutual funds, fails to invest money collected by such collective investment schemes in the manner or within the period specified in the regulations, he shall be liable to 9a penalty 4which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. subs. by act 59 of , s. 12, for a penalty not exceeding ten thousand rupees for each day during which he carries on any such collective investment scheme including mutual funds, or ten lakh rupees, whichever is higher w.e.f. . 3. subs. by act 27 of , s. 9, for certain words w.e.f. . 4. subs. by act 59 of , s. 12, for a penalty not exceeding ten thousand rupees for each day during which such failure continues or ten lakh rupees, whichever is higher w.e.f. . 5. subs. by act 27 of , s. 9, for certain words w.e.f.. 6. subs. by s. 12, ibid., for a penalty not exceeding five thousand rupees for each day during which such failure continues w.e.f. . 7. subs. by act 27 of , s. 9, for certain words w.e.f.. 8. subs. by act 59 of , s. 12, for a penalty not exceeding five thousand rupees for each day during which such failure continues w.e.f. . 9. subs. by s. 12, ibid., for a penalty not exceeding one thousand rupees for each day during which such failure continue w.e.f. .

section 15e. of the securities and exchange board of india act : 115e. penalty for failure to observe rules and regulations by an asset management company. where any asset management company of a mutual fund registered under this act fails to comply with any of the regulations providing for restrictions on the activities of the asset management companies, such asset management company shall be liable to 2a penalty 3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. subs. by s. 13, ibid., for a penalty not exceeding five lakh rupees for each such failure w.e.f. . 3. subs. by act 27 of , s. 10, for certain words w.e.f..

section 15ea. of the securities and exchange board of india act : 115ea. penalty for default in case of alternative investment funds, infrastructure investment trusts and real estate investment trusts. where any person fails to comply with the regulations made by the board in respect of alternative investment funds, infrastructure investment trusts and real estate investment trusts or fails to comply with the directions issued by the board, such person shall be liable to penalty which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees or three times the amount of gains made out of such failure, whichever is higher. 1. ins. by act 13 of , s. 182 w.e.f. .

section 15c. of the securities and exchange board of india act : 115c. penalty for failure to redress investors grievances.if any listed company or any person who is registered as an intermediary, after having been called upon by the board in writing 2including by by any means of electronic communication, to redress the grievances of investors, fails to redress such grievances within the time specified by the board, such company or intermediary shall be liable to a penalty 3which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. subs. by act 59 of , s. 11, for section 15c w.e.f. . 2. ins. by act 23 of , s. 183 w.e.f. . 3. subs. by act 27 of , s. 8, for certain words w.e.f. .

section 15eb. of the securities and exchange board of india act : 1215eb. penalty for default in case of investment adviser and research analyst.where an investment adviser or a research analyst fails to comply with the regulations made by the board or directions issued by the board, such investment adviser or research analyst shall be liable to penalty which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which such failure continues subject to a maximum of one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. ins. by act 13 of , s. 182 w.e.f. .

section 15f. of the securities and exchange board of india act : 115f. penalty for default in case of stock brokers if any person, who is registered as a stock broker under this act, a fails to issue contract notes in the form and manner specified by the stock exchange of which such broker is a member, he shall be liable to 2a penalty which shall not be less than one lakh rupees but which may extend to 3one crore rupees for which the contract note was required to be issued by that broker b fails to deliver any security or fails to make payment of the amount due to the investor in the manner within the period specified in the regulations, he shall be liable to 4a penalty 5which shall not be less than one lakh rupees but which may extend to one lakh rupees for each day during which6such failure continues subject to a maximum of one crore rupees c charges an amount of brokerage which is in excess of the brokerage specified in the regulations, he shall be liable to 7a penalty 8which shall not be less than one lakh rupees but which may extend to five times the amount of brokerage charged in excess of the specified brokerage, whichever is higher. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. subs. by act 27 of , s. 11, for a penalty not exceeding five times the amount w.e.f.. 3. ins. by act 23 of , s. 184 w.e.f. . 4. subs. by act 59 of , s. 14, for a penalty not exceeding five thousand rupees for each day during which such failure continues w.e.f. . 5. subs. by act 27 of , s. 11, for certain words w.e.f.. 6. subs. by act 13 of , s. 183, for he sponsors or carries on any such collective investment scheme including mutual fund w.e.f. .. 7. subs. by act 59 of , s. 14, for a penalty not exceeding five thousand rupees w.e.f. . 8. subs. by act 27 of , s. 11, for of one lakh rupees or five times the amount of brokerage w.e.f..

section 15h. of the securities and exchange board of india act : 115h. penalty for nondisclosure of acquisition of shares and takeovers. if any person, who is required under this act or any rules or regulations made thereunder, fails to i disclose the aggregate of his share holding in the body corporate before he acquires any shares of that body corporate or ii make a public announcement to acquire shares at a minimum price 2iii make a public offer by sending letter of offer to the shareholders of the concerned company or iv make payment of consideration to the shareholders who sold their shares pursuant to letter of offer, he shall be liable to a penalty 3which shall not be less than ten lakh rupees but which may extend to twentyfive crore rupees or three times the amount of profits made out of such failure, whichever is higher. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. ins. by act 59 of , s. 16 w.e.f. . 3. subs. by act 27 of , s.13, for certain words w.e.f.br

section 15jb. of the securities and exchange board of india act : 115jb. settlement of administrative and civil proceedings.1 notwithstanding anything contained in any other law for the time being in force, any person, against whom any proceedings have been initiated or may be initiated under section 11, section 11b, section 11d, subsection 3 of section 12 or section 15i, may file an application in writing to the board proposing for settlement of the proceedings initiated or to be initiated for the alleged defaults. 2 the board may, after taking into consideration the nature, gravity and impact of defaults, agree to the proposal for settlement, on payment of such sum by the defaulter or on such other terms as may be determined by the board in accordance with the regulations made under this act. 3 the settlement proceedings under this section shall be conducted in accordance with the procedure specified in the regulations made under this act. 4 no appeal shall lie under section 15t against any order passed by the board or adjudicating officer, as the case may be, under this section. 25 all settlement amounts, excluding the disgorgement amount and legal costs, realised under this act shall be credited to the consolidated fund of india. 1. ins. by act 27 of , s. 17 w.e.f. . 2. ins. by act 13 of , s. 186 w.e.f. .

section 15ha. of the securities and exchange board of india act : 115ha. penalty for fraudulent and unfair trade practices.if any person indulges in fraudulent and unfair trade practices relating to securities, he shall be liable to a penalty 2which shall not be less than five lakh rupees but which may extend to twentyfive crore rupees or three times the amount of profits made out of such practices, whichever is higher. 1. ins. by act 59 of , s. 17 w.e.f. . 2. subs. by act 27 of , s. 14, for certain words w.e.f. . br

section 15haa., of records and failure to protect the electronic database of board. of the securities and exchange board of india act : 115haa. penalty for alteration, destruction, etc., of records and failure to protect the electronic database of board.any person, who a knowingly alters, destroys, mutilates, conceals, falsifies, or makes a false entry in any information, record, document including electronic records, which is required under this act or any rules or regulations made there under, so as to impede, obstruct, or influence the investigation, inquiry, audit, inspection or proper administration of any matter within the jurisdiction of the board. explanation.for the purposes of this clause, a person shall be deemed to have altered, concealed or destroyed such information, record or document, in case he knowingly fails to immediately report the matter to the board or fails to preserve the same till such information continues to be relevant to any investigation, inquiry, audit, inspection or proceeding, which may be initiated by the board and conclusion thereof b without being authorised to do so, access or tries to access, or denies of access or modifies access parameters, to the regulatory data in the database c without being authorised to do so, downloads, extracts, copies, or reproduces in any form the regulatory data maintained in the system database d knowingly introduces any computer virus or other computer contaminant into the system database and brings out a trading halt e without authorisation disrupts the functioning of system database f knowingly damages, destroys, deletes, alters, diminishes in value or utility, or affects by any means, the regulatory data in the system database or g knowingly provides any assistance to or causes any other person to do any of the acts specified in clauses a to f, shall be liable to a penalty which shall not be less than one lakh rupees but which may extend to ten crore rupees or three times the amount of profits made out of such act, whichever is higher. explanation.in this section, the expressions computer contaminant, computer virus and damage shall have the meanings respectively assigned to them under section 43 of the information technology act, 21 of . 1. ins. by act 23 of , s. 185 w.e.f. .

section 15hb. of the securities and exchange board of india act : 115hb. penalty for contravention where no separate penalty has been provided. whoever fails to comply with any provision of this act, the rules or the regulations made or directions issued by the board thereunder for which no separate penalty has been provided, shall be 2liable to a penalty which shall not be less one lakh rupees but which may extend to one crore rupees. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. subs. by s. 15, ibid., for liable to a penalty which may extend to one crore rupees w.e.f. . br

section 15i. of the securities and exchange board of india act : 115i. power to adjudicate. 1 for the purpose of adjudging under sections 15a, 15b, 15c, 15d, 15e, 215ea,15eb, 15f, 15g, 315h, 15ha and 15hb the board 4may appoint any officer not below the rank of a division chief to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. 2 while holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in subsection 1, he may impose such penalty as he thinks fit in accordance with the provisions of any of those sections. 53 the board may call for and examine the record of any proceedings under this section and if it considers that the order passed by the adjudicating officer is erroneous to the extent it is not in the interests of the securities market, it may, after making or causing to be made such inquiry as it deems necessary, pass an order enhancing the quantum of penalty, if the circumstances of the case so justify: provided that no such order shall be passed unless the person concerned has been given an opportunity of being heard in the matter: provided further that nothing contained in this subsection shall be applicable after an expiry of a period of three months from the date of the order passed by the adjudicating officer or disposal of the appeal under section 15t, whichever is earlier. 1. ins. by act 9 of , s. 9 w.e.f. . br 2. ins. by act 13 of , s. 184 w.e.f. . 3. subs. by act 59 of , s. 18, for and 15h w.e.f. . 4. subs. by act 13 of , s. 184, for shall w.e.f. .ins. by act 27 of , s. 16 w.e.f. . 5. ins. by act 27 of , s. 16 w.e.f. .

section 15j. of the securities and exchange board of india act : 15j. 1factors to be taken into account while adjudging quantum of penalty.while adjudging the quantum of penalty under section 215i or section 11 or section 11b, the board or the adjudicating officer officer shall have due regard to the following factors, namely: a the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default b the amount of loss caused to an investor or group of investors as a result of the default c the repetitive nature of the default. 3explanation.for the removal of doubts, it is clarified that the power of 4 to adjudge the quantum of penalty under sections 15a to 15e, clauses b and c of section 15f, 15g, 15h and 15ha shall be and shall always be deemed to have been exercised under the provisions of this section. 1. subs. by act 13 of , s. 185, for marginal heading w.e.f. .2 2. subs. by s. 185, ibid., for section 15i, the adjudicating officer w.e.f. .2 3. ins. by act 7 of , s.147 w.e.f. . 4. the words of an adjudicating officer omitted by act 13 of , s. 185 w.e.f. .

section 15ja. of the securities and exchange board of india act : 115ja. crediting sums realised by way of penalties to consolidated fund of india.all sums realised by way of penalties under this act shall be credited to the consolidated fund of india. 1. ins. by act 59 of , s. 19 w.e.f.

section 15k. of the securities and exchange board of india act : 115k. establishment of securities appellate tribunal.1 the central government shall, by notification, establish a tribunal to be known as the securities appellate tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this act or any other law for the time being in force. 2 the central government shall also specify in the notification referred to in subsection 1, the matters and places in relation to which the securities appellate tribunal may exercise jurisdiction. 1. subs. by s. 148, ibid., for section 15k w.e.f. .

section 15mc. of the securities and exchange board of india act : 115mc. vacancy not to invalidate selection proceeding. 1 no appointment of the presiding officer, a judicial member or a technical member of the securities appellate tribunal shall be invalid merely by reason of any vacancy or any defect in the constitution of the searchcumselection committee. 2 a member or part time member of the board or the insurance regulatory and development authority or the pension fund regulatory and development authority, or any person at senior management level equivalent to the executive director in the board or in such authorities, shall not be appointed as presiding officer or member of the securities appellate tribunal, during his service or tenure as such with the board or with such authorities, as the case may be, or within two years from the date on which he ceases to hold office as such in the board or in such authorities. 3 the presiding officer or such other member of the securities appellate tribunal, holding office on the date of commencement of part viii of chapter vi of the finance act, 7 of shall continue to hold office for such term as he was appointed and the other provisions of this act shall apply to such presiding officer or such other member, as if part viii of chapter vi of the finance act, had not been enacted. 1. ins. by act 9 of , s. 9 w.e.f. .

section 15o. of the securities and exchange board of india act : 115o. salary and allowances and other terms and conditions of service of presiding officers. the salary and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the 2presiding officer and other members of a securities appellate tribunal shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of services of the 3presiding officer and other members of a securities appellate tribunal shall be varied to their disadvantage after appointment. 1. ins. by act 9 of , s. 9 w.e.f. . 2. subs. by act 59 of , s. 22, for presiding officer of a securities appellate tribunal w.e.f. . 3. subs. by s. 22, ibid., for said presiding officers w.e.f. .

section 15l. of the securities and exchange board of india act : 115l. composition of securities appellate.1 the securities appellate tribunal shall consist of a presiding officer and such number of judicial members and technical members as the central government may determine, by notification, to exercise the powers and discharge the functions conferred on the securities appellate tribunal under this act or any other law for the time being in force. 2 subject to the provisions of this act, a the jurisdiction of the securities appellate tribunal may be exercised by benches thereof b a bench may be constituted by the presiding officer of the securities appellate tribunal with two or more judicial or technical members as he may deem fit: provided that every bench constituted shall include at least one judicial member and one technical member c the benches of the securities appellate tribunal shall ordinarily sit at mumbai and may also sit at such other places as the central government may, in consultation with the presiding officer, notify. 3 notwithstanding anything contained in subsection 2, the presiding officer may transfer a judicial member or a technical member of the securities appellate tribunal from one bench to another bench. 1. subs. by s.148, ibid., for section 15l w.e.f.

section 15ma. of the securities and exchange board of india act : 115ma. appointment of presiding officer and judicial member. the presiding officer and judicial members of the securities appellate tribunal shall be appointed by the central government in consultation with the chief justice of india or his nominee. 1. ins. by act 9 of , s. 9 w.e.f. .

section 15mb. of the securities and exchange board of india act : 115mb. searchcumselection committee for appointment of technical members. 1 the technical members of the securities appellate tribunal shall be appointed by the central government on the recommendation of a searchcumselection committee consisting of the following, namely: a presiding officer, securities appellate tribunalchairperson b secretary, department of economic affairsmember c secretary, department of financial servicesmember and d secretary, legislative department or secretary, department of legal affairsmember. 2 the secretary, department of economic affairs shall be the convener of the searchcumselection committee. 3 the searchcumselection committee shall determine its procedure for recommending the names of persons to be appointed under subsection 1. 1. ins. by act 9 of , s. 9 w.e.f. .

section 15m. of the securities and exchange board of india act : 115m. qualification for appointment as presiding officer, judicial member and technical member. a person shall not be qualified for appointment as the presiding officer or a judicial member or a technical member of the securities appellate tribunal, unless he a is, or has been, a judge of the supreme court or a chief justice of a high court or a judge of high court for at least seven years, in the case of the presiding officer and b is, or has been, a judge of high court for at least five years, in the case of a judicial member or c in the case of a technical member i is, or has been, a secretary or an additional secretary in the ministry or department of the central government or any equivalent post in the central government or a state government or ii is a person of proven ability, integrity and standing having special knowledge and professional experience, of not less than fifteen years, in financial sector including securities market or pension funds or commodity derivatives or insurance. 1. subs. by s. 148, ibid., for section 15m w.e.f. .

section 15n. of the securities and exchange board of india act : 115n. tenure of office of presiding office, judicial or technical members of securities appellate tribunal.the presiding officer or every judicial or technical member of the securities appellate tribunal shall hold office for a term of five years from the date on which he enters upon his office, and shall be eligible for reappointment for another term of maximum five years: provided that no presiding officer or the judicial or technical member shall hold office after he has attained the age of seventy years. 1. subs. by act 7 of , s.148, for section 15n w.e.f. .

section 15p. of the securities and exchange board of india act : 115p. filling up of vacancies. if, for reason other than temporary absence, any vacancy occurs in 2the office of the presiding officer or any other member, of a securities appellate tribunal, then the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the securities appellate tribunal from the stage at which the vacancy is filled. 1. ins. by act 9 of , s. 9 w.e.f. . 2. subs. by s. 23, ibid., for office of the presiding officer w.e.f. .

section 15u. of the securities and exchange board of india act : show related subordinates 115u. procedure and powers of the securities appellate tribunal. 1 the securities appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the securities appellate tribunal shall have powers to regulate their own procedure including the places at which they shall have their sittings. 2 the securities appellate tribunal shall have, for the purposes of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d issuing commissions for the examination of witnesses or documents e reviewing its decisions f dismissing an application for default or deciding it exparte g setting aside any order of dismissal of any application for default or any order passed by it exparte h any other matter which may be prescribed. 3 every proceeding before the securities appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code 45 of and the securities appellate tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 24 where benches are constituted, the presiding officer of the securities appellate tribunal may, from time to time make provisions as to the distribution of the business of the securities appellate tribunal amongst the benches and also provide for the matters which may be dealt with, by each bench. 5 on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the presiding officer of the securities appellate tribunal may transfer any case pending before one bench, for disposal, to any other bench. 6 if a bench of the securities appellate tribunal consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the presiding officer of the securities appellate tribunal who shall either hear the point or points himself or refer the case for hearing only on such point or points by one or more of the other members of the securities appellate tribunal and such point or points shall be decided according to the opinion of the majority of the members of the securities appellate tribunal who have heard the case, including those who first heard it. 1. ins. by act 9 of , s. 9 w.e.f. . 2. ins. by act 7 of , s.148 w.e.f. .

section 15pa. member to act as presiding officer in certain circumstances of the securities and exchange board of india act : 115pa. member to act as presiding officer in certain circumstances.in the event of occurrence of any vacancy in the office of the presiding officer of the securities appellate tribunal by reason of his death, resignation or otherwise, the seniormost judicial member of the securities appellate tribunal shall act as the presiding officer until the date on which a new presiding officer is appointed in accordance with the provisions of this act. 1. ins. by act 7 of , s. 148 w.e.f. .

section 15q. of the securities and exchange board of india act : 115q. resignation and removal. 21 the presiding officer or any other member of a securities appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: provided that 3the presiding officer or any other member shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor inters upon his office or until the expiry of his term of office, whichever is the earliest. 42 the central government may, after an inquiry made by the judge of the supreme court, remove the presiding officer or judicial member or technical member of the securities appellate tribunal, if he a is, or at any time has been adjudged as an insolvent b has become physically or mentally incapable of acting as the presiding officer, judicial or technical member c has been convicted of any offence which, in the opinion of the central government, involves moral turpitude d has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest or e has acquired such financial interest or other interest as is likely to affect prejudicially his functions as the presiding officer or judicial or technical member: provided that he shall not be removed from office under clauses d and e, unless he has been given a reasonable opportunity of being heard in the matter. 3 the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the 5the presiding officer or any other member. 1. ins. by act 9 of , s. 9 w.e.f. . 2. subs. by act 59 of , s. 24, for presiding officer of a securities appellate tribunal w.e.f. . 3. subs. by s. 24, ibid., for the said presiding officer w.e.f. . 4. subs. by act 7 of , s.148, for subsection 2 w.e.f. 5. subs. by act 59 of , s. 24, for aforesaid presiding officer w.e.f. .

section 15v. of the securities and exchange board of india act : 115v. right to legal representation.the appellant may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the securities appellate tribunal. explanation.for the purposes of this section, a chartered accountant means a chartered accountant as defined in clause b of subsection 1 of section 2 of the chartered accountants act, 38 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act b company secretary means a company secretary as defined in clause c of subsection 1 of section 2 of the company secretaries act, 56 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act c cost accountant means a cost accountant as defined in clause b of subsection 1 of section 2 of the cost and works accountants act, 23 of and who has obtained a certificate of practice under subsection 1 of section 6 of that act d legal practitioner means an advocate, vakil or an attorney of any high court, and includes a pleader in practice. 1. subs. by act 32 of , s. 10, for section 15v w.e.f. .

section 15qa. of the securities and exchange board of india act : 115qa.qualifications, terms and conditions of service of presiding officer and member.notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the presiding officer and other members of the appellate tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the presiding officer and member appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act and the rules made thereunder as if the provisions of section 184 of the finance act, had not come into force. 1. ins. by act 7 of , s.178 w.e.f. . 2. subs. by act 33 of , s. 17, for part xiv of chapter vi of the finance act, , shall be governed by the provisions of section 184 of that act w.e.f. .

section 15r. of the securities and exchange board of india act : 115r. orders constituting appellate tribunal to be final and not to invalidate its proceedings. no order of the central government appointing any person as the 2presiding officer or a member of a securities appellate tribunal shall be called in question in any manner, and no act or proceeding before a securities appellate tribunal shall be called in question in any manner on the ground merely of any defect in the constitution of a securities appellate tribunal. 1. ins. by act 9 of , s. 9 w.e.f. . 2. subs. by act 59 of , s. 25, for presiding officer w.e.f. .

section 15s. of the securities and exchange board of india act : 115s. staff of the securities appellate tribunal. 1 the central government shall provide the securities appellate tribunal with such officers and employees as that government may think fit. 2 the officers and employees of the securities appellate tribunal shall discharge their functions under general superintendence of the presiding officer. 3 the salaries and allowances and other conditions of service of the officers and employees of the securities appellate tribunal shall be such as may be prescribed. 1. ins. by act 9 of , s. 9 w.e.f. .

section 15t. of the securities and exchange board of india act : show related subordinates 115t. appeal to the securities appellate tribunal. 21 save as provided in subsection 2, any person aggrieved, a by an order of the board made, on and after the commencement of the securities laws second amendment act, 32 of , under this act, or the rules or regulations made thereunder or b by an order made by an adjudicating officer 3under this act or 4 c by an order of the insurance regulatory and development authority or the pension fund regulatory and development authority, may prefer an appeal to a securities appellate tribunal having jurisdiction in the matter. 5 3 every appeal under subsection 1 shall be filed within a period of fortyfive days from the date on which 6a copy of the order made by the board or the adjudicating officer 7 or the insurance regulatory and development authority or the pension fund regulatory and development authority as the case may be, is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the securities appellate tribunal may entertain an appeal after the expiry of the said period of fortyfive days if it is satisfied that there was sufficient cause for not filing it within that period. 4 on receipt of an appeal under subsection 1, the securities appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against. 5 the securities appellate tribunal shall send a copy of every order made by it to the 7board, 8or 9or the insurance regulatory and development authority or the pension fund regulatory and development authority, as the case may be the parties to the appeal and to the concerned adjudicating officer. 6 the appeal filed before the securities appellate tribunal under subsection 1 shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of the appeal. 1. ins. by act 9 of , s. 9 w.e.f. . 2. subs. by act 32 of , s. 9, for subsection 1 w.e.f. . 3. subs. by act 7 of , s. 148, under this act, w.e.f. 4. ins. by s.148, ibid. w.e.f. 5. subsection 2 omitted by act 27 of , s. 18 w.e.f. . 6. subs. by act 32 of , s. 9, for a copy of the order made, by the adjudicating officer w.e.f. . 7. ins. by act 7 of , s.148 w.e.f. . 8 subs. by act 32 of , s. 9, for parties w.e.f. . 9. ins. by act 7 of , s.148 w.e.f. .

section 15w. of the securities and exchange board of india act : 115w. limitation. the provisions of the limited act, 36 of , shall, as far as may be, apply to an appeal made to a securities appellate tribunal. 1. ins. by act 9 of , s. 9 w.e.f. .

section 19. of the securities and exchange board of india act : the board may, by general or special order in writing delegate to any member, officer of the board or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act except the powers under section 29 as it may deem necessary.

section 15x. of the securities and exchange board of india act : 1 15x. presiding officer, members and staff of securities appellate tribunal to be public servants.the presiding officer, members and other officers and employees of a securities appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of . 1. subs. by act 59 of , s. 26, for section 15x w.e.f. .

section 15y. of the securities and exchange board of india act : 115y. civil court not to have jurisdiction. no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudication officer appointed under this act or a securities appellate tribunal constituted under this act is empowered by or under this act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this act. 1. ins. by act 9 of , s. 9 w.e.f. .

section 15z. of the securities and exchange board of india act : 115z. appeal to supreme court.any person aggrieved by any decision or order of the securities appellate tribunal may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the securities appellate tribunal to him on any question of law arising out of such order: provided that the supreme court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. 1. subs. by act 59 of , s. 27, for section 15z w.e.f. .

section 17. of the securities and exchange board of india act : 1 if at any time the central government is of opinion a that on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this act or b that the board has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated or c that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification, supersede the board for such period, not exceeding six months, as may be specified in the notification. 2 upon the publication of a notification under subsection 1 superseding the board, a all the members shall, as from the date of supersession, vacate their offices as such b all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the board, shall until the board is reconstituted under subsection 3, be exercised and discharged by such person or persons as the central government may direct and c all property owned or controlled by the board shall, until the board is reconstituted under subsection 3, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may reconstitute the board by a fresh appointment and in such case any person or persons who vacated their offices under clause a of subsection 2, shall not be deemed disqualified for appointment: provided that the central government may, at any time, before the expiration of the period of supersession, take action under this subsection. 4 the central government shall cause a notification issued under subsection 1 and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliest.

section 18. of the securities and exchange board of india act : 1 the board shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the securities market, as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the board shall, within 1 ninety days after the end of each financial year, submit to the central government a report in such form, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be after it is received, before each house of parliament. 1. subs. by act 9 of , s. 10, for sixty days w.e.f. .

section 16.power of central government to issue directions of the securities and exchange board of india act : 1 without prejudice to the foregoing provisions of this act, the board shall, in exercise of its powers or the performance of its functions under 1 this act or the depositories act, 22 of , be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this subsection. 2 the decision of the central government whether a question is one of policy or not shall be final. 1. subs. by act 22 of , s. 30 and the schedule, for this act w.e.f. .

section 20. of the securities and exchange board of india act : 1 any person aggrieved by 1 an order of the board made, before the commencement of the securities laws second amendment act, 32 of , under this act, or the rules or regulations made thereunder may prefer an appeal to the central government within such time as may be prescribed. 2 no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period. 3 every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed. 4 the procedure for disposing of an appeal shall be such as may be prescribed: provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard. 1. subs. by act 32 of , s. 11, for an order of the board made w.e.f. .

section 24b. of the securities and exchange board of india act : 124b. power to grant immunity. 1 the central government may, on recommendation by the board, if the central government is satisfied, that any person, who is alleged to have violated any of the provisions of this act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of the alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act, or the rules or the regulations made thereunder or also from the imposition of any penalty under this act with respect to the alleged violation: provided that no such immunity shall be granted by the central government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity: provided further that recommendation of the board under this subsection shall not be binding upon the central government. 2 an immunity granted to a person under subsection 1 may, at any time, be withdrawn by the central government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had not such immunity been granted. 1. ins. by s. 29, ibid. w.e.f.

section 20a. of the securities and exchange board of india act : 120a. bar of jurisdiction.no order passed by the 2 board or the adjudicating officer under this act shall be appealable except as provided in 3 section 15t or section 20 and no civil court shall have jurisdiction in respect of any matter which the 2 board or the adjudicating officer is empowered by, or under, this act to pass any order and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any order passed by the 2 board or the adjudicating officer by, or under, this act. 1. ins. by act 9 of , s. 11 w.e.f. . 2. subs. by act 32 of , s. 12, for board w.e.f. . 3. subs. by s. 12, ibid., for section 20 w.e.f. .

section 21. of the securities and exchange board of india act : nothing in this act shall exempt any person from any suit or other proceedings which might, apart from this act, be brought against him.

section 22. of the securities and exchange board of india act : all members, officers and other employees of the board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 24. of the securities and exchange board of india act : 124. offences.1 without prejudice to any award of penalty by the adjudicating officer 2or the board under this act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to 3 ten years, or with fine, which may extend to twentyfive crore rupees or with both. 2 if any person fails to pay the penalty imposed by the adjudicating officer 2or the board or fails to comply with any 4 directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 5 ten years, or with fine, which may extend to twentyfive crore rupees or with both. 1. subs. by s. 13,ibid., for section 24 w.e.f. . 2. ins. by act 13 of , s. 187 w.e.f. . 3. subs. by act 59 of , s. 28, for one year, or with fine, or with both w.e.f. . 4. the words of his omitted by s. 187,ibid. w.e.f. . 5. subs. by s. 28, ibid., for certain words w.e.f. .

section 23. of the securities and exchange board of india act : no suit, prosecution or other legal proceedings shall lie against the central government 1 or board or any officer of the central government or any member, officer or other employee of the board for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunder. 1. ins. by act 9 of , s. 12 w.e.f. .

section 24a. of the securities and exchange board of india act : 124a. composition of certain offences.notwithstanding anything contained in the code of criminal procedure, 2 of , any offence punishable under this act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may either before or after the institution of any proceeding, be compounded by a securities appellate tribunal or a court before which such proceedings are pending. 1. ins. by s. 29, ibid. w.e.f. .

section 25. of the securities and exchange board of india act : notwithstanding anything contained in the wealthtax act, 27 of , the incometax act, 43 of or any other enactment for the time being in force relating to tax on wealth, income, profits or gains a the board b the existing securities and exchange board from the date of its constitution to the date of establishment of the board, shall not be liable to pay wealthtax, incometax or any other tax in respect of their wealth, income, profits or gains derived.

section 26. of the securities and exchange board of india act : 1 no court shall take cognizance of any offence punishable under this act or any rules or regulations made thereunder, save on a complaint made by the board 1 . 2 1. the words with the previous sanction of the central government omitted by act 9 of , s. 14 w.e.f. . 2. subsection 2 omitted by act 27 of , s. 19 w.e.f. .

section 27. of the securities and exchange board of india act : 1contravention by companies.1 where 2a contravention of any of the provisions of this act act or any rule, regulation, direction or order made thereunder an offence under this act has been committed by a company, every person who at the time the 3contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the 3contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an 3contravention under this act has been committed by a company and it is proved that the 3contravention has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the 3contravention and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. 1. subs. by act 13 of , s. 188, for marginal heading w.e.f. . 2. subs. by s. 188, ibid., for an offence under this act w.e.f. . 3. subs. by s. 188, ibid., for offence w.e.f. .

section 26a. of the securities and exchange board of india act : 126a. establishment of special courts.1 the central government may, for the purpose of providing speedy trial of offences under this act, by notification, establish or designate as many special courts as may be necessary. 2 a special court shall consist of a single judge who shall be appointed by the central government with the concurrence of the chief justice of the high court within whose jurisdiction the judge to be appointed is working. 3 a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, holding the office of a sessions judge or an additional sessions judge, as the case may be. 1. ins. by s. 20, ibid. w.e.f. .

section 26b. of the securities and exchange board of india act : 126b. offences triable by special courts. notwithstanding anything contained in the code of criminal procedure, 2 of , all offences under this act committed prior to the date of commencement of the securities laws amendment act, 27 of or on or after the date of such commencement, shall be taken cognizance of and tried by the special court established for the area in which the offence is committed or where there are more special courts than one for such area, by such one of them as may be specified in this behalf by the high court concerned. 1. ins. by act 27 of , s. 20 w.e.f. .

section 26c. of the securities and exchange board of india act : 126c. appeal and revision. the high court may exercise, so far as may be applicable, all the powers conferred by chapters xxix and xxx of the code of criminal procedure, 2 of on a high court, as if a special court within the local limits of the jurisdiction of the high court were a court of session trying cases within the local limits of the jurisdiction of the high court. 1. ins. by act 27 of , s. 20 w.e.f.

section 28.. of the securities and exchange board of india act : power to exempt. omitted by the securities laws amendment act, 9 of , s. 15 w.e.f. .

section 28c. of the securities and exchange board of india act :

section 26e. of the securities and exchange board of india act : 126e. transitional provisions. any offence committed under this act, which is triable by a special court shall, until a special court is established, be taken cognizance of and tried by a court of session exercising jurisdiction over the area, notwithstanding anything contained in the code of criminal procedure, 2 of : provided that nothing contained in this section shall affect the powers of the high court under section 407 of the code of criminal procedure, 2 of to transfer any case or class of cases taken cognizance by a court of session under this section. 1. ins. by act 27 of , s. 20 w.e.f.

section 26d. of the securities and exchange board of india act : 126d. application of code to proceedings before special court. 1 save as otherwise provided in this act, the provisions of the code of criminal procedure, 2 of shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a court of session and the person conducting prosecution before a special court shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code of criminal procedure, 2 of . 2 the person conducting prosecution referred to in subsection 1 should have been in practice as an advocate for not less than seven years or should have held a post, for a period of not less than seven years, under the union or a state, requiring special knowledge of law. 1. ins. by act 27 of , s. 20 w.e.f. .

section 28a. of the securities and exchange board of india act : 128a. recovery of amounts.1 if a person fails to pay the penalty imposed 2under this act or fails to comply with any direction of the board for refund of monies or fails to comply with a direction of disgorgement order issued under section 11b or fails to pay any fees due to the board, the recovery officer may draw up under his signature a statement in the specified form specifying the amount due from the person such statement being hereafter in this chapter referred to as certificate and shall proceed to recover from such person the amount specified in the certificate by one or more of the following modes, namely: a attachment and sale of the persons movable property b attachment of the persons bank accounts c attachment and sale of the persons immovable property d arrest of the person and his detention in prison e appointing a receiver for the management of the persons movable and immovable properties, and for this purpose, the provisions of sections 220 to 227, 228a, 229, 232, the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, , as in force from time to time, in so far as may be, apply with necessary modifications as if the said provisions and the rules made thereunder were the provisions of this act and referred to the amount due under this act instead of to incometax under the incometax act, . explanation 1. for the purposes of this subsection, the persons movable or immovable property or monies held in bank accounts shall include any property or monies held in bank accounts which has been transferred directly or indirectly on or after the date when the amount specified in certificate had become due, by the person to his spouse or minor child or sons wife or sons minor child, otherwise than for adequate consideration, and which is held by, or stands in the name of, any of the persons aforesaid and so far as the movable or immovable property or monies held in bank accounts so transferred to his minor child or his sons minor child is concerned, it shall, even after the date of attainment of majority by such minor child or sons minor child, as the case may be, continue to be included in the persons movable or immovable property or monies held in bank accounts for recovering any amount due from the person under this act. explanation 2.any reference under the provisions of the second and third schedules to the incometax act, 43 of and the incometax certificate proceedings rules, to the assessee shall be construed as a reference to the person specified in the certificate. explanation 3.any reference to appeal in chapter xviid and the second schedule to the incometax act, 43 of , shall be construed as a reference to appeal before the securities appellate tribunal under section 15t of this act. 3explanation 4. the interest referred to in section 220 of the incometax act, shall commence from the date the amount became payable by the person. 2 the recovery officer shall be empowered to seek the assistance of the local district administration while exercising the powers under subsection 1. 3 notwithstanding anything contained in any other law for the time being in force, the recovery of amounts by a recovery officer under subsection 1, pursuant to noncompliance with any direction issued by the board under section 11b, shall have precedence over any other claim against such person. 4 for the purposes of subsections 1, 2 and 3, the expression recovery officer means any officer of the board who may be authorised, by general or special order in writing, to exercise the powers of a recovery officer. 1. ins. by act 27 of , s. 21 w.e.f. . 2. subs. by act 13 of , s. 189, for by the adjudicating officer w.e.f. . 3. the explanation ins. by act 21 of , s. 42 and the second schedule w.e.f. .

section 28b. of the securities and exchange board of india act : 128b. continuance of proceedings.1 where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay, if he had not died, in the like manner and to the same extent as the deceased: provided that, in case of any penalty payable under this act, a legal representative shall be liable only in case the penalty has been imposed before the death of the deceased person. 2 for the purposes of subsection 1, a any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, initiated against the deceased before his death, shall be deemed to have been initiated against the legal representative, and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased and all the provisions of this act shall apply accordingly b any proceeding for disgorgement, refund or an action for recovery before the recovery officer under this act, except a proceeding for levy of penalty, which could have been initiated against the deceased if he had survived, may be initiated against the legal representative and all the provisions of this act shall apply accordingly. 3 every legal representative shall be personally liable for any sum payable by him in his capacity as legal representative if, while his liability for such sum remains undischarged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. 4 the liability of a legal representative under this section shall be limited to the extent to which the estate of the deceased is capable of meeting the liability. explanation.for the purposes of this section legal representative means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character, the person on whom the estate devolves on the death of the party so suing or sued. 1 ins. by act 13 of , s. 190 w.e.f. .

section 29. of the securities and exchange board of india act : show related subordinates 1 the central government may, by notification, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office and other conditions of service of the chairman and the members under subsection 1 of section 5 b the additional functions that may be performed by the board under section 11 1 d the manner in which the accounts of the board shall be maintained under section 15 2da the manner of inquiry under subsection 1 of section 15i db the salaries and allowances and other terms and conditions of service of the 3 presiding officers, members and other officers and employees of the securities appellate tribunal under section 15o and subsection 3 of section 15s dc the procedure for the investigation of misbehaviour or incapacity of the 4 presiding officers, or other members of the securities appellate tribunal under subsection 3 of section 15q dd the form in which an appeal may be filed before the securities appellate tribunal under section 15t and the fees payable in respect of such appeal e the form and the manner in which returns and report to be made to the central government under section 18 f any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. 1. clause c omitted by act 9 of , s. 16 w.e.f. . 2. ins. by s. 16, ibid. w.e.f. . 3. subs. by act 59 of , s. 31, for presiding officers w.e.f. . 4. subs. by s. 31, ibid., for presiding officers w.e.f. .

section 30. of the securities and exchange board of india act : show related subordinates 1 the board may, 1 by notification, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: a the times and places of meetings of the board and the procedure to be followed at such meetings under subsection 1 of section 7 including quorum necessary for the transaction of business b the term and other conditions of service of officers and employees of the board under subsection 2 of section 9 2c the matters relating to issue of capital, transfer of securities and other matters incidental thereto and the manner in which such matters shall be disclosed by the companies under section 11a 3ca the utilisation of the amount credited under subsection 5 of section 11 cb the fulfilment of other conditions relating to collective investment scheme under subsection 2a of section 11aa d the conditions subject to which certificate of registration is to be issued, the amount of fee to be paid for certificate of registration and the manner of suspension or cancellation of certificate of registration under section 12 4da the terms determined by the board for settlement of proceedings under subsection 2 and the procedure for conducting of settlement proceedings under subsection 3 of section 15jb db any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations. 1. the words with the previous approval of the central government omitted by act 9 of , s. 17 w.e.f. . 2. subs. by act 9 of , s. 17, for clause c w.e.f. . 3. ins. by act 27 of , s. 22 w.e.f. . 4. ins. by s. 22, ibid. w.e.f. .

section 35. of the securities and exchange board of india act : 1 the securities and exchange board of india ordinance, ord. 5 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act.

section 31. of the securities and exchange board of india act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 32. of the securities and exchange board of india act : the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

section 33.. of the securities and exchange board of india act : amendment of certain enactments.rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f. .

section 34. of the securities and exchange board of india act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: provided that no order shall be made under this section after the expiry of five years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 34a. of the securities and exchange board of india act : 134a. validation of certain acts.any act or thing done or purporting to have been done under the principal act, in respect of calling for information from, or furnishing information to, other authorities, whether in india or outside india, having functions similar to those of the board and in respect of settlement of administrative and civil proceedings, shall, for all purposes, be deemed to be valid and effective as if the amendments made to the principal act had been in force at all material times. 1. ins. by s. 23, ibid. w.e.f. .

section 2. of the high court at patna establishment of a permanent bench at ranchiact : there shall be established a permanent bench of the high court at patna at ranchi, and such judges of the high court at patna, being not less than three in number, as the chief justice of that high court may, from time to time, nominate, shall sit at ranchi in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the districts of hazaribagh, giridih, dhanbad, ranchi, palamau and singhbhum: provided that the chief justice of that high court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at patna.

The High Court at Patna (Establishment of a Permanent Bench at Ranchi) Act, 1976

section 1. of the high court at patna establishment of a permanent bench at ranchiact : this act may be called the high court at patna establishment of a permanent bench at ranchi act, .

section 8. of the agricultural and processed food products export development authority act : 1 on the establishment of the authority, it shall be lawful for the central government to transfer to the authority, by order, and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the processed foods export promotion council hereafter in this section referred to as the council immediately before the date on which the authority is established: provided that the scale of pay of the post in the authority to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service including pension, leave, provident fund and medical benefits of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer. 2 an order under subsection 1 may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this act. 3 before any order is issued under subsection 1, all officers and employees of the council shall be given an option to express, in such form as may be prescribed, and within such time as may be specified in that behalf by the central government, their willingness or otherwise to become employees of the authority and such option once exercised shall be final: provided that no order under subsection 1 shall be made in relation to any officer or other employees of the council who has intimated his intention of not becoming an employee of the authority within the time specified in that behalf: provided further that such of the officers and employees of the council who do not express, within the time specified in that behalf, their intention of becoming the employees of the authority, shall be dealt with in the same manner and in accordance with the same laws and standing orders as would have applied immediately before the commencement of this act to the employees of the council in the event of the reduction of the strength of the officers and employees of the council. 4 an officer or other employee transferred by an order made under subsection 1 shall, on and from the date of transfer, cease to be an employee of the council and become an officer or other employee of the authority with such designation as the authority may determine and shall, subject to the provisions of the proviso to subsection 1, be governed by the regulations made by the authority under this act in respect of remuneration and other conditions of service including pension, leave, provident fund and medical benefits and shall continue to be an officer or other employee of the authority unless and until his employment is duly terminated by the authority: provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the authority, the relevant laws and standing orders applicable to the officers and employees of the council shall continue to be applicable to them. 5 if a question arises whether the terms and conditions of service prescribed in the regulations framed by the authority in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the authority, the decision of the central government in the matter shall be final.

The Agricultural and Processed Food Products Export Development Authority Act, 1985

section 1. of the agricultural and processed food products export development authority act : show related subordinates 1 this act may be called the agricultural and processed food products export development authority act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act. 1 13th february, , vide notification no. s.o. 55e, dated 13th february, , see gazette of india, , extraordinary, part ii, sec. 3ii.

section 2. of the agricultural and processed food products export development authority act : in this act, unless the context otherwise requires, a authority means the agricultural and processed food products export development authority established under section 4 b chairman means the chairman of the authority c export means taking out of india by land, sea or air d exporter means a person registered as an exporter of scheduled products under section 12 e member means a member of the authority and includes the chairman f prescribed means prescribed by rules made under this act g processing in relation to 1 scheduled products or, as the case may be, special products includes the process of preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the authority may, by notification in the official gazette, specify in this behalf h regulations means regulations made under this act i scheduled product means any of the agricultural or processed food products included in 2 the first schedule 3 j special product means any of the agricultural or processed food products included in the second schedule. 1 subs. by act 20 of , s. 2, for scheduled products w.e.f. . 2 subs. by s. 2, ibid., for the schedule w.e.f. . 3 ins. by s. 2, ibid. w.e.f. .

section 7. of the agricultural and processed food products export development authority act : show related subordinates 1 the central government shall appoint a secretary to the authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the chairman. 2 the secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters as may, from time to time, be fixed by the central government. 3 subject to such control and restrictions as may be prescribed, the authority may appoint such other officers and employees, as may be necessary, for the efficient performance of its functions and the method of appointment, the scale of pay and allowances and other conditions of service of such other officers and employees of the authority shall be such as may be provided by the authority by regulations. 4 the chairman, the secretary and other officers and employees of the authority shall not undertake any work unconnected with their duties under this act except with the permission of the central government.

section 3. of the agricultural and processed food products export development authority act : 1 3. power to amend the schedule. the central government may, having regard to the objects to this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, the first schedule or the second schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a scheduled product or special product as the case may be. 1 subs. by s. 3. ibid., for section 3 w.e.f. .

section 10. of the agricultural and processed food products export development authority act : show related subordinates 1 it shall be the duty of the authority to undertake, by such measures as it thinks fit, the development and promotion, under the control of the central government, of export of scheduled products. 2 without prejudice to the generality of the provisions of subsection 1, the measures referred to therein may provide for a the development of industries relating to the scheduled products for export by way of providing financial assistance or otherwise for undertaking surveys and feasibility studies, participation in the equity capital through joint ventures and other reliefs and subsidy schemes b the registration of persons as exporters of the scheduled products on payment of such fees as may be prescribed c the fixing of standards and specifications for the scheduled products for the purposes of export d the carrying out of inspection of meat and meat products in any slaughterhouse, processing plant, storage premises, conveyances or other places where such products are kept or handled for the purpose of ensuring the quality of such products e the improving of packaging of the scheduled products f the improving of the marketing of the scheduled products outside india g the promotion of export oriented production and development of the scheduled products h the collection of statistics from the owners of factories or establishments engaged in the production, processing, packaging, marketing or export of the scheduled products or from such other persons as may be prescribed on any matter relating to the scheduled products and the publication of the statistics so collected, or of any portions thereof or extracts therefrom i the training in various aspects of the industries connected with the scheduled products j such other matters as may be prescribed.

section 4. of the agricultural and processed food products export development authority act : show related subordinates 1 with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall be established for the purposes of this act, an authority to be called the agricultural and processed food products export development authority. 2 the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 3 the head office of the authority shall be at delhi and the authority may, with the previous approval of the central government, establish offices or agencies at other places in or outside india. 4 the authority shall consist of the following members, namely: a a chairman, to be appointed by the central government b the agricultural marketing adviser to the government of india, ex officio c one member to be appointed by the central government to represent the planning commission d three members of parliament of whom two shall be elected by the house of the people and one by the council of states e eight members to be appointed by the central government to represent, respectively, the ministries of the central government dealing with i agriculture and rural development ii commerce iii finance iv industry v food vi civil supplies vii civil aviation viii shipping and transport f five members to be appointed by the central government by rotation in the alphabetical order to represent the states and the union territories: provided that an appointment under this clause shall be made on the recommendation of the government of the state, or as the case may be, the union territory concerned g seven members to be appointed by the central government to represent, i the indian council of agricultural research ii the national horticulture board iii the national agricultural cooperative marketing federation iv the central food technological research institute v the indian institute of packaging vi the spices export promotion council and vii the cashewnut export promotion council h twelve members to be appointed by the central government to represent, i fruit and vegetable products industries ii meat, poultry and dairy products industries 1 iii other scheduled products or special products industries iv packaging industry: provided that the number of members appointed to represent any of the groups of industries specified in subclauses i to iii or the industry specified in subclause iv shall in no case be less than two i two members to be appointed by the central government from amongst specialists and scientists in the field of agriculture, economics and marketing of scheduled products. 5 the term of office of the members, other than the member referred to in clause b of subsection 4 and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed. 6 any officer of the central government, not being a member of the authority, when deputed by that government in this behalf, shall have the right to attend meetings of the authority and take part in the proceedings thereof but shall not be entitled to vote. 7 no act or proceeding of the authority or any committee appointed by it under section 9 shall be invalid merely by reason of a any vacancy in, or any defect in the constitution of, the authority or such committee or b any defect in the appointment of a person acting as a member of the authority or such committee or c any irregularity in the procedure of the authority or such committee not affecting the merits of the case. 8 the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at its meetings as may be provided by the regulations. 1 . subs. by act 20 of , s. 4, for subclause iii w.e.f. .

section 10a. of the agricultural and processed food products export development authority act : 1 10a. functions in respect of special products, etc. without prejudice to any law for the time being in force, it shall be the duty of the authority to undertake, by such measures as may be prescribed by the central government for registration and protection of the intellectual property rights in respect of special products in india or outside india. explanation.for the purpose of this section intellectual property means any right to intangible property, namely, trade marks, designs, patents, geographical indications or any other similar intangible property, under any law for the time being in force. 1 ins. by act 20 of , s. 5 w.e.f. .

section 6. of the agricultural and processed food products export development authority act : show related subordinates the chairman shall be the chief executive of the authority and shall exercise such powers and perform such duties as may be prescribed.

section 12. of the agricultural and processed food products export development authority act : 1 every person exporting any one or more of the scheduled products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the authority to be registered as an exporter of the scheduled product or scheduled products: provided that the authority may, for sufficient reason, extend the timelimit for registration by such period as it thinks fit. 2 registration once made shall continue to be in force until it is cancelled by the authority.

section 5. of the agricultural and processed food products export development authority act : 1 the chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the central government. 2 the other members of the authority shall receive such allowances as may be fixed by the central government. 3 a member, other than the ex officio member, may resign his office by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his office.

section 9. of the agricultural and processed food products export development authority act : show related subordinates 1 the authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act. 2 the authority shall have the power to coopt as members of any committee appointed under subsection 1 such number of persons, who are not members of the authority as it may think fit and the persons so coopted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote. 3 the persons coopted as members of a committee under subsection 2 shall be entitled to receive such allowances for attending meetings of the committee as may be fixed by the central government.

section 11. of the agricultural and processed food products export development authority act : 1 if the central government is of the opinion that the authority is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the central government under section 20, the central government may, by notification in the official gazette, supersede the authority for such period as may be specified in the notification: provided that before issuing a notification under this subsection, the central government shall give reasonable time to the authority to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the authority. 2 upon the publication of a notification under subsection 1 superseding the authority, a all the members of the authority shall, notwithstanding that their term of office has not expired as from the date of supersession, vacate their offices as such members b all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the authority shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct c all property vested in the authority shall, during the period of supersession, vest in the central government. 3 on the expiration of the period of supersession specified in the notification issued under subsection 1, the central government may a extend the period of supersession for such further period as it may consider necessary or b reconstitute the authority in the manner provided in section 4.

section 13. of the agricultural and processed food products export development authority act : the form of application for registration under section 12 and for the cancellation of such registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the authority shall be such as may be prescribed.

section 14. of the agricultural and processed food products export development authority act : 1 every exporter, referred to in subsection 1 of section 12, shall furnish to the authority at the prescribed time and in the prescribed manner such returns as may be prescribed. 2 the authority may authorise a member or any of its officers to inspect any processing plant or any other establishment of the exporter at any time to verify the accuracy of any return made under this section.

section 20. of the agricultural and processed food products export development authority act : the authority shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this act.

section 15. of the agricultural and processed food products export development authority act : the central government may, after due appropriation made by parliament by law in this behalf, pay to the authority by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act.

section 16. of the agricultural and processed food products export development authority act : 1 there shall be formed a fund to be called the agricultural and processed food products export development fund and there shall be credited thereto a any sums of money which the central government may, after due appropriation made by parliament by law in this behalf, provide from and out of the proceeds of the cess credited under section 4 of the agricultural and processed food products export cess act, , after deducting therefrom the expenses of collection of the cess and the amount, if any, refunded b all fees levied and collected in respect of registration and other matters under this act or the rules made thereunder c any grants or loans that may be made by the central government for the purposes of this act under section 15 and d any grants or loans that may be made by any state government, voluntary organisation or other institution for the purposes of this act: provided that no such grant, loan or donation shall be credited to the fund except with the prior approval of the central government. 2 the fund shall be applied for a meeting the cost of the measures referred to in section 10 b meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the authority c meeting the other administrative expenses of the authority and any other expenses authorised by or under this act and d repayment of any loan.

section 21. of the agricultural and processed food products export development authority act : 1 the authority shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the export of the scheduled products, as the central government may, from time to time, require. 2 without prejudice to the provisions of subsection 1, the authority shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year. 3 a copy of the report received under subsection 2 shall be laid, as soon as may be, after it is received, before each house of parliament.

section 17. of the agricultural and processed food products export development authority act : show related subordinates subject to such rules as may be made in this behalf, the authority shall have power to borrow on the security of the agricultural and processed food products export development fund or any other asset for carrying out the purposes of this act.

section 22. of the agricultural and processed food products export development authority act : any person who, being required by or under this act to furnish any return, fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees.

section 24. of the agricultural and processed food products export development authority act : whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules made hereunder other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention.

section 18. of the agricultural and processed food products export development authority act : 1 the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the authority shall be audited by the comptroller and auditorgeneral of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral of india and any person appointed by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority. 4 the accounts of the authority as certified by the comptroller and auditorgeneral of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament.

section 19. of the agricultural and processed food products export development authority act : 1 the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of the scheduled products, either generally or in specified classes of cases. 2 all scheduled products to which any order under subsection 1 applies, shall be deemed to be goods of which the export has been prohibited under section 11 of the customs act, 52 of , and all the provisions of that act shall have effect accordingly. 3 if any person contravenes any order made under subsection 1, he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 52 of , as applied by subsection 2, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

section 23. of the agricultural and processed food products export development authority act : any person who a obstructs any member authorised by the chairman in writing or any officer or other employee of the authority authorised in this behalf by the central government or by the authority, in the exercise of any power conferred, or in the discharge of any duty imposed on him by or under this act or b having control over or custody of any account book or other record fails to produce such book or record when required to do so by or under this act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 25. of the agricultural and processed food products export development authority act : 1 where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 26. of the agricultural and processed food products export development authority act : no court inferior to that of a metropolitan magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 31. of the agricultural and processed food products export development authority act : the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

section 27. of the agricultural and processed food products export development authority act : no prosecution for any offence punishable under this act shall be instituted except with previous sanction of the central government.

section 32. of the agricultural and processed food products export development authority act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the term of office of the members other than the member referred to in clause b of subsection 4 of section 4, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members, under subsection 5 of section 4 b the powers which may be exercised and the duties which may be performed by the chairman as the chief executive of the authority under section 6 c the powers which may be exercised and the duties which shall be performed by the secretary of the authority under subsection 1 of section 7 d the control and restrictions subject to which other officers and employees may be appointed by the authority under subsection 3 of section 7 e the form in which and the time within which option may be given by the officers and employees of the processed foods export promotion council under subsection 3 of section 8 f payment of fees for the registration of exporters of scheduled products under clause b of subsection 2 of section 10 g persons other than the owners from whom the collection of statistics in respect of any matter relating to scheduled products may be made under clause h of subsection 2 of section 10 h the additional matters in respect of which the authority may undertake measures in the discharge of its functions under clause j of subsection 2 of section 10 1 ha the measures for registration and protection of the intellectual property rights under section 10a i the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such registration, under section 13 j the time at which and the manner in which an exporter shall furnish returns to the authority under subsection 1 of section 14 k the form in which the accounts of the authority shall be maintained under subsection 1 of section 18 l the form and manner in which and the time at which the authority shall furnish returns and statements to the central government under subsection 1 of section 21 m the form in which and the date before which the authority shall furnish to the central government the report of its activities and programme under subsection 2 of section 21 n any other matter which is to be or may be prescribed under this act. 1 ins. by act 20 of , s. 6 w.e.f. .

section 28. of the agricultural and processed food products export development authority act : no suit, prosecution or other legal proceedings shall lie against the central government, or the authority or any committee appointed by it, or any member of the authority or such committee, or any officer or other employee of the central government or of the authority or any other person authorised by the central government or the authority, for anything which is in good faith done or intended to be done under this act or the rules made thereunder.

section 29. of the agricultural and processed food products export development authority act : the central government may, by order published in the official gazette, direct that any power exercisable by it under this act not being the power to make rules under section 32 may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein.

section 35. of the agricultural and processed food products export development authority act : 1 35. validation.all things done, or, omitted to be done, and all actions or measures taken, or, not taken, during the period beginning on or after the 13th day of october, and ending immediately before the date of commencement of the agricultural and processed food products export development authority amendment act, 20 of , shall, in so far as they are in conformity with the provisions of this act, as amended by the agricultural and processed food products export development authority amendment act, , be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under the provisions of this act, as amended by the agricultural and processed food products export development authority amendment act, , as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period. 1 ins. by act 20 of , s. 7 w.e.f. .

section 30. of the agricultural and processed food products export development authority act : 1 if the central government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, it may, by notification in the official gazette, suspend or relax to such extent and either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this act. 2 where the operation of any provision of this act has under subsection 1 been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this act remains in force, be removed by the central government by notification in the official gazette.

section 33. of the agricultural and processed food products export development authority act : show related subordinates 1 the authority may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with the provisions of this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely: a the times and places at which meetings of the authority or any committee thereof, shall be held and the procedure to be followed thereat and the number of members which shall form a quorum at a meeting under subsection 8 of section 4 b the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the authority under subsection 3 of section 7 c generally for the efficient conduct of the affairs of the authority. 3 the central government may, by notification in the official gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission.

section 34. of the agricultural and processed food products export development authority act : every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, as the case may be, or both houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

section 8. of the contract labour regulation and abolition act : if the registering officer is satisfied, either on a reference made to him in this behalf or otherwise, that the registration of any establishment has been obtained by misrepresentation or suppression of any material fact, or that for any other reason the registration has become useless or ineffective and, therefore, requires to be revoked, the registering officer may, after giving an opportunity to the principal employer of the establishment to be heard and with the previous approval of the appropriate government, revoke the registration.

section 1. of the contract labour regulation and abolition act : show related subordinates 1 this act may be called the contract labour regulation and abolition act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act. 4 it applies a to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour b to every contractor who employees or who employed on any day of the preceding twelve months twenty or more workmen: provided that the appropriate government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment or contractor employing such number of workmen less than twenty as may be specified in the notification. 5 a it shall not apply to establishments in which work only of an intermittent or casual nature is performed. b if a question arises whether work performed in an establishment is of an intermittent or casual nature, the appropriate government shall decide that question after consultation with central board or, as the case may be, a state board, and its decision shall be final. explanation.for the purpose of this subsection, work performed in an establishment shall not be deemed to be of an intermittent nature i if it was performed for more than one hundred and twenty days in the preceding twelve months, or ii if it is of a seasonal character and is performed for more than sixty days in a year. state amendments maharashtra amendment of section 1 of 37 of .in section 1 of the contract labour regulation and abolition act, , in its application to the state of maharashtra, in subsection 4, a in clause a, for the words twenty or more workmen the words fifty or more workmen shall be substituted b in clause b, for the words twenty or more workmen the words fifty or more workmen shall be substituted c in the proviso, for the words less than twenty the words less than fifty shall be substituted. vide maharashtra act 2 of , s. 2. andhra pradesh amendment of section 1 central act 37 of .in the contract labour regulation and abolition act, , in section 1, in subsection 4, in clauses a, b and the provisio thereunder, for the word twenty the word fifty shall be substituted. vide andhra pradesh act 21 of , s. 2. uttar pradesh. in section 1 of the contract labour regulation and abolition act, hereinafter referred to as the principal act, for subsection 4 the following subsection shall be substituted 4 it applies a to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour b to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen. provided that the state government may, after giving not less than two month notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification. vide the uttar pradesh act 14 of , s. 2 union territory of ladakh section 1.in subsection 4, in clause a, for twenty, substitute forty. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o.e, dated . rajasthan amendment of section 1, central act no. 37 of .for the existing subsection 4 of section 1 of the contract labour regulation and abolition act, central act no. 37 of , in its application to the state of rajasthan, the following shall be substituted, namely: 4 it applies a to every establishment in which fifty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour b to every contractor who employs or who employed on any day of the preceding twelve months fifty or more workmen: provided that the state government may, after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment or contractor employing such number of workmen less than fifty as may be specified in the notification. vide rajasthan act 19 of , s. 2 gujarat amendment of section 1 of 37 of .in the contract labour regulation and abolition act, , in its application to the state of gujarat hereinafter referred to as the principal act, in section 1, subsection 4, i in clause a, for the word twenty, the word fifty shall be substituted ii in clause b, for the word twenty, the word fifty shall be substituted iii in the proviso, for the word twenty, the word fifty shall be substituted. vide gujarat act 2 of , s. 2 1. 10th february, , vide notification no. g.s.r. 190, dated 1st february, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the contract labour regulation and abolition act : 1 in this act, unless the context otherwise requires, 2 a appropriate government means, i in relation to an establishment in respect of which the appropriate government under the industrial disputes act, 14 of , is the central government, the central government ii in relation to any other establishment, the government of the state in which that other establishment is situate b a workman shall be deemed to be employed as contract labour in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer c contractor, in relation to an establishment, means a person who undertakes to produce a given result for the establishment, other than a mere supply of goods of articles of manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a subcontractor d controlled industry means any industry the control of which by the union has been declared by any central act to be expedient in the public interest e establishment means i any office or department of the government or a local authority, or ii any place where any industry, trade, business, manufacture or occupation is carried on f prescribed means prescribed by rules made under this act g principal employer means i in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority, as the case may be, may specify in this behalf, ii in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 63 of , the person so named, iii in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, iv in any other establishment, any person responsible for the supervision and control of the establishment. explanation.for the purpose of subclause iii of this clause, the expressions mine, owner and agent shall have the meanings respectively assigned to them in clause j, clause l and clause c of subsection 1 of section 2 of the mines act, 35 of h wages shall have the meaning assigned to it in clause vi of section 2 of the payment of wages act, 4 of i workman means any person employed in or in connection with the work of any establishment to do any skilled, semiskilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, but does not include any such person a who is employed mainly in a managerial or administrative capacity or b who, being employed in a superviory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature or c who is an outworker, that is to say, a person to whom any articles or materials are given out by or on behalf of the principal employer to be made up, cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the principal employer and the process is to be carried out either in the home of the outworker or in some other premises, not being premises under the control and management of the principal employer. 2 any reference in this act to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state. 1. subs. by act 14 of , s. 2, for clause a w.e.f. . . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the contract labour regulation and abolition act : 1 every principal employer of an establishment to which this act applies shall, within such period as the appropriate government may, by notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer in the prescribed manner for registration of the establishment: provided that the registering officer may entertain any such application for registration after expiry of the period fixed in this behalf, if the registering officer is satisfied that the applicant was prevented by sufficient cause from making the application in time. 2 if the application for registration is complete in all respects, the registering officer shall register the establishment and issue to the principal employer of the establishment a certificate of registration containing such particulars as may be prescribed. state amendment uttar pradesh. in section 7 of the principal act, after subsection 2 the following subsection shall be inserted, namely: 3 on submission of application in all respect the registering officer shall grant or refuse to grant or object to grant registration within one day from the date of submission of application and in such manner as may be prescribed. on the expiration of the said period the registration shall be deemed to be granted. applicant may submit his application on departmental web portal along with necessary documents and payment of fee. in such case if the application is complete in all respect and the applicant is eligible, automatic registration shall be granted by the web portal and registration certificate be sent through email provided that if the registration is obtained by the misrepresentation of fact or concealment of fact or on the basis of forged document then such registration shall be deemed null and void and can be cancelled by registering officer and legal action shall be taken against applicant. vide the uttar pradesh act 14 of , s. 3

section 4. of the contract labour regulation and abolition act : 1 the state government may constitute a board to be called the state advisory contract labour board hereinafter referred to as the state board to advise the state government on such matters arising out of the administration of this act as may be referred to it and to carry out other functions assigned to it under this act. 2 the state board shall consist of a a chairman to be appointed by the state government b the labour commissioner, ex officio, or in his absence any other officer nominated by the state government in that behalf c such number of members, not exceeding eleven but not less than nine, as the state government may nominate to represent that government, the industry, the contractors, the workmen and any other interests which, in the opinion of the state government, ought to be represented on the state board. 3 the number of persons to be appointed as members from each of the categories specified in subsection 2, the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among the, members of the state board shall be such as may be prescribed: provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.

section 10. of the contract labour regulation and abolition act : 1 notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board or, as the case may be, a state board, prohibit, by notification in the official gazette, employment of contract labour in any process, operation or other work in any establishment. 2 before issuing any notification under subsection 1 in relation to an establishment, the appropriate government shall have regard to the conditions of work and benefits provided for the contract labour in that establishment and other relevant factors, such as a whether the process, operation or other work is incidental to, or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment b whether it is of perennial nature, that is to say, it is of sufficient duration having regard to the nature of industry, trade, business, manufacture or occupation carried on in that establishment c whether it is done ordinarily through, regular workmen in that establishment or an establishment similar thereto d whether it is sufficient to employ considerable number of whole time workmen. explanation.if a question arises whether any process or operation or other work is of perennial nature, the decision of the appropriate government thereon shall be final.

section 3. of the contract labour regulation and abolition act : 1 the central government shall, as soon as may be, constitute a board to be called the central advisory contract labour board hereinafter referred to as the central board to advise the central government on such matters arising out of the administration of this act as may be referred to it and to carry out other functions assigned to it under this act. 2 the central board shall consist of a a chairman to be appointed by the central government b the chief labour commissioner central, ex officio c such number of members, not exceeding seventeen but not less than eleven, as the central government may nominate to represent that government, the railways, the coal industry, the mining industry, the contractors, the workmen and any other interests which, in the opinion of the central government, ought to be represented on the central board. 3 the number of persons to be appointed as members from each of the categories specified in subsection 2, the term of office and other conditions of service of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the central board shall be such as may be prescribed: provided that the number of members nominated to represent the workmen shall not be less than the number of members nominated to represent the principal employers and the contractors.

section 6. of the contract labour regulation and abolition act : the appropriate government may, by an order notified in the official gazette a appoint such persons, being gazetted officers of government, as it thinks fit to be registering officers for the purposes of this chapter and b define the limits, within which a registering officer shall exercise the powers conferred on him by or under this act.

section 13. of the contract labour regulation and abolition act : 1 every application for the grant of a licence under subsection 1 of section 12 shall be made in the prescribed form and shall contain the particulars regarding the location of the establishment, the nature of process, operation or work for which contract labour is to be employed and such other particulars as may be prescribed. 2 the licensing officer may make such investigation in respect of the application received under subsection 1 and in making any such investigation the licensing officer shall follow such procedure as may be prescribed. 3 a licence granted under this chapter shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees and on such conditions as may be prescribed. state amendment uttar pradesh. amendment of section 13.in section 13 of the principal act, after subsection 3 the following sub section shall be inserted, namely: 4 if an application for licenses is complete in all respects and the licensing officer fails to make any order within a period of one day then it shall be deemed that the license has been granted to him. vide the uttar pradesh act 14 of , s. 4

section 5. of the contract labour regulation and abolition act : 1 the central board or the state board, as the case may be, may constitute such committees and for such purpose or purposes as it may think fit. 2 the committee constituted under subsection 1 shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 3 the members of a committee shall be paid such fees and allowances for attending its meetings as may be prescribed: provided that no fees shall be payable to a member who is an officer of government or of any corporation established by any law for the time being in force.

section 9. of the contract labour regulation and abolition act : no principal employer of an establishment, to which this act applies, shall a in the case of an establishment required to be registered under section 7, but which has not been registered within the time fixed for the purpose under that section, b in the case of an establishment the registration in respect of which has been revoked under section 8, employ contract labour in the establishment after the expiry of the period referred to in clause a or after the revocation of registration referred to in clause b, as the case may be.

section 11. of the contract labour regulation and abolition act : the appropriate government may, by an order notified in the official gazette, a appoint such persons, being gazetted officers of government, as it thinks fit to be licensing officers for the purposes of this chapter and b define the limits, within which a licensing officer shall exercise the powers conferred on licensing officers by or under this act.

section 12. of the contract labour regulation and abolition act : 1 with effect from such date as the appropriate government may, by notification in the official gazette, appoint, no contractor to whom this act applies, shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. 2 subject to the provisions of this act, a licence under subsection 1 may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security for the due performance of the conditions as may be prescribed.

section 14. of the contract labour regulation and abolition act : 1 if the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that a a licence granted under section 12 has been obtained by misrepresentation or suppression of any material fact, or b the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence or forfeit the sum, if any, or any portion thereof deposited as security for the due performance of the conditions subject to which the licence has been granted. 2 subject to any rules that may be made in this behalf, the licensing officer may vary or amend a licence granted under section 12.

section 15. of the contract labour regulation and abolition act : 1 any person aggrieved by an order made under section 7, section 8, section 12 or section 14 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate government: provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 2 on receipt of an appeal under subsection 1, the appellate officer shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.

section 16. of the contract labour regulation and abolition act : 1 the appropriate government may make rules requiring that in every establishment a to which this act applies, b wherein work requiring employment of contract labour is likely to continue for such period as may be prescribed, and c wherein contract labour numbering one hundred or more is ordinarily employed by a contractor, one or more canteens shall be provided and maintained by the contractor for the use of such contract labour. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the date by which the canteens shall be provided b the number of canteens that shall be provided, and the standards in respect of construction, accommodation, furniture and other equipment of the canteens and c the foodstuffs which may be served therein and the charges which may be made therefor.

section 17. of the contract labour regulation and abolition act : 1 in every place wherein contract labour is required to halt at night in connection with the work of an establishment a to which this act applies, and b in which work requiring employment of contract labour is likely to continue for such period as may be prescribed, there shall be provided and maintained by the contractor for the use of the contract labour such number of restrooms or such other suitable alternative accommodation within such time as may be prescribed. 2 the restrooms or the alternative accommodation to be provided under subsection 1 shall be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition.

section 19. of the contract labour regulation and abolition act : there shall be provided and maintained by the contractor so as to be readily accessible during all working hours a firstaid box equipped with the prescribed contents at every place where contract labour is employed by him.

section 18. of the contract labour regulation and abolition act : it shall be the duty of every contractor employing contract labour in connection with the work of an establishment to which this act applies, to provide and maintain a a sufficient supply of wholesome drinking water for the contract labour at convenient places b a sufficient number of latrines and urinals of the prescribed types so situated as to be convenient and accessible to the contract labour in the establishment and c washing facilities.

section 20. of the contract labour regulation and abolition act : 1 if any amenity required to be provided under section 16, section 17, section 18 or section 19 for the benefit of the contract labour employed in an establishment is not provided by the contractor within the time prescribed therefor, such amenity shall be provided by the principal employer within such time as may be prescribed. 2 all expenses incurred by the principal employer in providing the amenity may be recovered by the principal employer from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

section 21. of the contract labour regulation and abolition act : 1 a contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed. 2 every principal employer shall nominate a representative duly authorised by him to be present at the time of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed. 3 it shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorised representative of the principal employer. 4 in case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due, as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

section 22. of the contract labour regulation and abolition act : 1 whoever obstructs an inspector in the discharge of his duties under this act or refuses or wilfully neglects to afford the inspector any reasonable facility for making any inspection, examination, inquiry or investigation authorised by or under this act in relation to an establishment to which, or a contractor to whom, this act applies, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. 2 whoever wilfully refuses to produce on the demand of an inspector any register or other document kept in pursuance of this act or prevents or attempts to prevent or does anything which he has reason to believe is likely to prevent any person from appearing before or being examined by an inspector acting in pursuance of his duties under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

section 23. of the contract labour regulation and abolition act : whoever contravenes any provision of this act or of any rules made thereunder prohibiting, restricting or regulating the employment of contract labour, or contravenes any condition of a licence granted under this act, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

section 24. of the contract labour regulation and abolition act : if any person contravenes any of the provisions of this act or of any rules made thereunder for which no other penalty is elsewhere provided, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

section 26. of the contract labour regulation and abolition act : no court shall take cognizance of any offence under this act except on a complaint made by, or with the previous sanction in writing of, the inspector and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act.

section 25. of the contract labour regulation and abolition act : 1 if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, managing agent or any other officer of the company, such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purpose of this section a company means any body corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm. state amendments uttar pradesh. insertion of new section 25a.after section25 of the principal act the following section shall be inserted, namely: 25a. 1 any offence committed under this act, punishable with fine or imprisonment up to six months or with both may, on an application of the accuses person, either before or after institution of any prosecution, be compounded by such competent officer, as the state government may by notification, specify for a sum of fifty percent of the maximum fine provided for such offence, in such manner as may be prescribed: provided that the provision of compounding under this section shall be available only for commission of first offence. 2 every application for the compounding of an offence shall be made in such manner as may be prescribed. 3 where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. 4 where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in subsection 1 in writing to the notice of the court in which prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged. vide the uttar pradesh act 14 of , s. 5 union territory of ladakh after section 25, insert 25a. compounding of offences.1 any offence punishable under subsections 1 and 2 of section 22 and section 24 may, either before or after the institution of the persecution, on an application by the alleged offender, be compounded by such officer or authority as the appropriate government may by notification in the official gazette, specify in this behalf for such amount as specified in the table below: table s. no. compounding amount 221, 222 and 24 number of workmen employed in the industry amount not exceeding 1 to 50 rs. / 51 to 100 rs. 8,000/ 101 to 500 rs. 12,000/ provided that the appropriate government may, by notification in the official gazette, amend the said specified compounding amount: provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable: provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further: provided also that when an offence is compounded on an application by the principal employer or contractor, then seventyfive per cent. of the compounding amount received from him, shall be paid to the concerned employee or equally amongst the employees and if any employees are not identifiable, then the remaining amount shall be deposited in such manner as may be notified by the appropriate government. 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence and the offender, if in custody, shall be released or discharged. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .

section 32. of the contract labour regulation and abolition act : 1 no suit, prosecution or other legal proceedings shall lie against any registering officer, licensing officer or any other government servant or against any member of the central board or the state board, as the case may be, for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder. 2 no suit or other legal proceedings shall lie against the government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 27. of the contract labour regulation and abolition act : no court shall take cognizance of an offence punishable under this act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector: provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

section 28. of the contract labour regulation and abolition act : 1 the appropriate government may, by notification in the official gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this act, and define the local limits within which they shall exercise their powers under this act. 2 subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed a enter, at all reasonable hours, with such assistance if any, being persons in the service of the government or any local or other public authority as he thinks fit, any premises or place where contract labour is employed, for the purpose of examining any register or record or notices required to be kept or exhibited by or under this act or rules made thereunder, and require the production thereof for inspection b examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is a workman employed therein c require any person giving out work and any workman, to give any information, which is in his power to give with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect to the payments to be made for the work d seize or take copies of such register, record of wages or notices or portions thereof as he may consider relevant in respect of an offence under this act which he has reason to believe has been committed by the principal employer or contractor and e exercise such other powers as may be prescribed. 3 any person required to produce any document or thing or to give any information required by an inspector under subsection 2 shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the indian penal code 45 of . 4 the provisions of the code of criminal procedure, 5 of , shall, so far as may be, apply to any search or seizure under subsection 2 as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said code.

section 34. of the contract labour regulation and abolition act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty.

section 31. of the contract labour regulation and abolition act : the appropriate government may, in the case of an emergency, direct, by notification in the official gazette, that subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the notification, all or any of the provisions of this act or the rules made thereunder shall not apply to any establishment or class of establishments or any class of contractors.

section 30. of the contract labour regulation and abolition act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any agreement or contract of service, or in any standing orders applicable to the establishment whether made before or after the commencement of this act: provided that where under any such agreement, contract of service or standing orders the contract labour employed in the establishment are entitled to benefits in respect of any matter which are more favourable to them than those to which they would be entitled under this act, the contract labour shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this act. 2 nothing contained in this act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they would be entitled under this act.

section 29. of the contract labour regulation and abolition act : 1 every principal employer and every contractor shall maintain such registers and records giving such particulars of contract labour employed, the nature of work performed by the contract labour, the rates of wages paid to the contract labour and such other particulars in such form as may be prescribed. 2 every principal employer and every contractor shall keep exhibited in such manner as may be prescribed within the premises of the establishment where the contract labour is employed, notices in the prescribed form containing particulars about the hours of work, nature of duty and such other information as may be prescribed.

section 33. of the contract labour regulation and abolition act : the central government may give directions to the government of any state as to the carrying into execution in the state of the provisions contained in this act.

section 35. of the contract labour regulation and abolition act : 1 the appropriate government may, subject to the condition of previous publication, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the number of persons to be appointed as members representing various interests on the central board and the state board, the term of their office and other conditions of service, the procedure to be followed in the discharge of their functions and the manner of filling vacancies b the times and places of the meetings of any committee constituted under this act, the procedure to be followed at such meetings including the quorum necessary for the transaction of business, and the fees and allowances that may be paid to the members of a committee c the manner in which establishments may be registered under section 7, the levy of a fee therefor and the form of certificate of registration d the form of application for the grant or renewal of a licence under section 13 and the particulars it may contain e the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing a licence f the form of a licence which may be granted or renewed under section 12 and the conditions subject to which the licence may be granted or renewed, the fees to be levied for the grant or renewal of a licence and the deposit of any sum as security for the performance of such conditions g the circumstances under which licences may be varied or amended under section 14 h the form and manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals i the time within which facilities required by this act to be provided and maintained may be so provided by the contractor and in case of default on the part of the contractor, by the principal employer j the number and types of canteens, restrooms, latrines and urinals that should be provided and maintained k the type of equipment that should be provided in the firstaid boxes l the period within which wages payable to contract labour should be paid by the contractor under subsection 1 of section 21 m the form of registers and records to be maintained by principal employers and contractors n the submission of returns, forms in which, and the authorities to which, such returns may be submitted o the collection of any information or statistics in relation to contract labour and p any other matter which has to be, or may be, prescribed under this act. 3 every rule made by the central government under this act shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1 4 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. ins. by act 4 of , s. 2 and the schedule w.e.f. .

section 6a. of the interstate river water disputes act : show related subordinates 16a. power to make schemes to implement decision of tribunal.1 without prejudice to the provisions of section 6, the central government may, be notification in the official gazette, frame a scheme or schemes whereby provision may be made for all matters necessary to give effect to the decision of a tribunal. 2 a scheme framed under subsection 1 may provide for a the establishment of any authority whether described as such or as a committee or other body for the implementation of the decision or directions of the tribunal b the composition, jurisdiction, powers and functions of the authority, the term of office and other conditions of service of, the procedure to be followed by, and the manner of filling vacancies among, the members of the authority 2ba requisitioning of any data, as may be required by it. c the holding of a minimum under of meetings of the authority every year, the quorum for such meetings and the procedure thereat d the appointment of any standing ad hoc or other committees by the authority e the employment of a secretary and other staff by the authority, the pay and allowances and other conditions of service of such staff f the constitution of a fund by the authority, the amounts that may be credited to such fund and the expenses to which the fund may be applied g the form and the manner in which accounts shall be kept by the authority h the submission of an annual report by the authority of its activities i the decisions of the authority which shall be subject to review j the constitution of a committee for making such review and the procedure to be followed by such committee and k any other matter which may be necessary or proper for the effective implementation of the decision or directions of the tribunal. 3 in making provision in any scheme framed under subsection 1 for the establishment of an authority for giving effect to the decision of a tribunal, the central government may, having regard to the nature of the jurisdiction, powers and functions required to be vested in such authority in accordance with such decision and all other relevant circumstances, declare in the said scheme that such authority shall, under the name specified in the said schemes have capacity to acquire, hold and dispose of property, enter into contracts, sue and be sued and do all such acts as may be necessary for the proper exercise and discharge of its jurisdiction, powers and functions. 4 a scheme may empower the authority to make, with the previous approval of the central government, regulations for giving effect to the purposes of the scheme. 5 the central government may, by notification in the official gazette, add to, amend, or vary, any scheme framed under subsection 1. 6 every scheme framed under this section shall have effect not withstand anything contained in any law for the time being in force other than this act or any instrument having effect by virtue of any law other than this act. 7 every scheme and every regulation made under a scheme shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme or the regulation or both houses agree that the scheme or the regulation should not be made, the scheme or the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme or regulation. 1. ins. by act 45 of , s. 2 w.e.f. . 2. ins. by act 14 of , s. 6 w.e.f. .

section 2. of the interstate river water disputes act : in this act, unless the context otherwise requires, a prescribed means prescribed by rules made under this act b tribunal means a water disputes tribunal constituted under section 4 c water dispute means any dispute or difference between two or more state governments with respect to i the use, distribution or control of the waters of, or in, any interstate river or river valley or ii the interpretation of the terms of any agreement relating to the use, distribution or control of such waters or the implementation of such agreement or iii the levy of any water rate in contravention of the prohibition contained in section 7.

section 1. of the interstate river water disputes act : show related subordinates 1 this act may be called the 1interstate river water disputes act, . 2 it extends to the whole of india. 1. subs. by act 14 of , s. 2, for interstate w.e.f. .

section 6. of the interstate river water disputes act : show related subordinates 11 the central government shall publish the decision of the tribunal in the official gazette and the decision shall be final and binding on the parties to the dispute and shall be given effect to by them. 22 the decision of the tribunal, after its publication in the official gazette by the central government under subsection 1, shall have the same force as an order or decree of the supreme court. 1. section 6 renumbered as subsection 1 thereof by act 14 of , s. 5 w.e.f. . 2. ins. by s. 5, ibid. w.e.f. .

section 7. of the interstate river water disputes act : 1 no state government shall, by reason only of the fact that any works for the conservation, regulation or utilisation of water resources of an interstate river have been constructed within the limits of the state, impose, or authorise the imposition of, any seigniorage or additional rate or fee by whatever name called in respect of the use of such water by any other state or the inhabitants thereof. 2 any dispute or difference between two or more state governments with respect to the levy of any water rate in contravention of the prohibition contained in subsection 1 shall be deemed to be a water dispute.

section 5a. of the interstate river water disputes act : show related subordinates 15a. filling of vacancies.if, for any reason a vacancy other than a temporary absence occurs in the office of the chairman or any other member of a tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the chief justice of india in accordance with the provisions of subsection 2 of section 4, and the investigation of the matter referred to the tribunal may be continued by the tribunal after the vacancy is filed and from the stage at which the vacancy occurred. 1. ins. by s. 4, ibid. w.e.f. .

section 8. of the interstate river water disputes act : notwithstanding anything contained in section 3 or section 5, no reference shall be made to a tribunal of any dispute that may arise regarding any matter which may be referred to arbitration under the river boards act, 1. 1. subs. by act 36 of , s. 2 and the second schedule, for w.e.f.

section 3. of the interstate river water disputes act : if it appears to the government of any state that a water dispute with the government of another state has arisen or is likely to arise by reason of the fact that the interests of the state, or of any of the inhabitants thereof, in the waters of an interstate river or river valley have been, or are likely to be, affected prejudicially by a any executive action or legislation taken or passed, or proposed to be taken or passed, by the other state or b the failure of the other state or any authority therein to exercise any of their powers with respect to the use, distribution or control of such waters or c the failure of the other state to implement the terms of any agreement relating to the use, distribution or control of such waters, the state government may, in such form and manner as may be prescribed, request the central government to refer the water dispute to a tribunal for adjudication.

section 4. of the interstate river water disputes act : show related subordinates 11 when any request under section 3 is received from any state government in respect of any water dispute and the central government is of opinion that the water dispute cannot be settled by negotiations, the central government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the official gazette, constitute a water disputes tribunal for the adjudication of the water dispute: provided that any dispute settled by a tribunal before the commencement of the interstate water disputes amendment act, 14 of shall not be reopened. 2 2 the tribunal shall consist of a chairman and two other members nominated in this behalf by the chief justice of india from among persons who at the time of such nomination are judges of the supreme court or of a high court. 3 3 the central government may, in consultation with the tribunal, appoint two or more persons as assessors to advise the tribual in the proceedings before it. 1. subs. by s. 3, ibid., for subsection 1 w.e.f. . 2. subs. by act 35 of , s. 2, for subsection 2 w.e.f. . 3. subs. by act 14 of , s. 3, for subsection 3 w.e.f. .

section 5. of the interstate river water disputes act : show related subordinates 1 when a tribunal has been constituted under section 4, the central government shall, subject to the prohibition contained in section 8, refer the water disputes and any matter appearing to be connected with, or relevant to, the water dispute to the tribunal for adjudication. 12 the tribunal shall investigate the matters referred to it and forward to the central government a report setting out the facts as found by it and giving its decision on the mattes referred to it within a period of three years: provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the central government may extend the period for a further period not exceeding two years. 3 if,upon consideration of the decision of the tribunal, the central government or any state government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the tribunal, the central government or the state government, as the case may be, within three months from the date of the decision, again refer the matter to the tribunal for further consideration, and on such reference, the tribunal may forward to the central government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the tribunal shall be deemed to be modified accordingly: provided that the period of one year within which the tribunal may forward its report to the central government may be extended by the central government, for such further period as it considers necessary. 24 if the members of the tribunal differ in opinion on any point, the point shall be decided according to the opinion of the majority. 1. subs. by s. 4, ibid., for subsection 2 w.e.f. . 2. ins. by act 35 of , s. 3 w.e.f. . notifications yeardescriptionfiles ravi and beas waters tribunal under section 5 dated 05/08/ ravi and beas waters tribunal under section 5 dated 05/08/ ravi and beas waters tribunal under section 5 dated 04/02/ cauvery water disputes tribunal under section 5 dated 12/07/ ravi and beas waters tribunal under section 5 dated 04/08/ ravi and beas waters tribunal under section 5 dated 03/02/ ravi and beas waters tribunal under section 5 dated 28/07/ cauvery water disputes tribunal under section 5 dated 01/09/ ravi and beas waters tribunal under section 5 dated 02/02/ krishna water dispute tribunal under section 5 dated 20/03/ ravi and beas waters tribunal under section 5 dated 06/07/ ravi and beas waters tribunal under section 5 dated 30/01/ krishna water dispute tribunal under section 5 dated 03/03/ cauvery water disputes tribunal under section 5 dated 16/05/ ravi and beas waters tribunal under section 5 dated 16/07/ krishna water dispute tribunal under section 5 dated 27/08/ cauvery water disputes tribunal under section 5 dated 23/10/ ravi and beas waters tribunal under section 5 dated 04/02/ krishna water dispute tribunal under section 5 dated 25/02/ ravi and beas waters tribunal under section 5 dated 23/07/ cauvery water disputes tribunal under section 5 dated 19/10/ krishna water dispute tribunal under section 5 dated 29/01/ ravi and beas waters tribunal under section 5 dated 29/01/ ravi and beas waters tribunal under section 5 dated 05/08/ krishna water dispute tribunal under section 5 dated 28/09/ cauvery water disputes tribunal under section 5 dated 21/10/ krishna water dispute tribunal under section 5 dated 26/11/ ravi and beas waters tribunal under section 5 dated 05/08/ cauvery water disputes tribunal under section 5 dated 02/11/ ravi and beas waters tribunal under section 5 dated 03/02/ krishna water dispute tribunal under section 5 dated 29/03/ ravi and beas waters tribunal under section 5 dated 03/08/ ravi and beas waters tribunal under section 5 dated 05/02/ vansadhara water disputes tribunal under section 5 dated 22/02/ krishna water dispute tribunal corrigendum under section 5 dated 02/04/ ravi and beas waters tribunal under section 5 dated 29/07/ krishna water dispute tribunal under section 5 dated 27/09/ cauvery water disputes tribunal under section 5 dated 01/11/ mahadayi water dispute tribunal under section 5 dated 08/11/ krishna water dispute tribunal under section 5 dated 27/11/ vanshdhara water disputes tribunal under section 5 dated 14/03/ krishna water dispute tribunal under section 5 dated 15/05/ ravi and beas waters tribunal under section 5 dated 06/08/ cauvery water disputes tribunal under section 5 dated 03/11/ mahadayi water dispute tribunal under section 5 dated 13/11/ ravi and beas waters tribunal under section 5 dated 10/08/ vansadhara water disputes tribunal under section 5 dated 18/09/ cauvery water disputes tribunal under section 5 dated 02/11/ krishna water dispute tribunal under section 5 dated 18/07/ ravi and beas waters tribunal under section 5 dated 29/07/ mahadayi water dispute tribunal under section 5 dated 11/08/ vansadhara water disputes tribunal under section 5 dated 16/09/ cauvery water disputes tribunal under section 5 dated 11/11/ mahadayi water dispute tribunal under section 5 dated 24/07/ krishna water dispute tribunal under section 5 dated 31/07/ ravi and beas waters tribunal under section 5 dated 02/08/ cauvery water disputes tribunal under section 5 dated 02/11/ krishna water dispute tribunal under section 5 dated 09/08/ ravi and beas waters tribunal under section 5 dated 09/08/ vansadhara water disputes tribunal under section 5 dated 25/01/ ravi and beas waters tribunal under section 5 dated 01/08/ notificationkwdtisrwda2908section5 notificationvwdtisrwda1312section5 notificationmwdtisrwda1702section5 notificationkwdtisrwda1607section5 notificationrbwdtisrwda2707section5 notificationmwdtisrwda1708section5 notificationvwdtisrwda0912section5

section 14. of the interstate river water disputes act : show related subordinates 114. constitution of ravi and beas waters tribunal.1 notwithstanding anything contained in in the foregoing provisions of this act, the central government may, by notification in the official gazette, a constitute a tribunal under this act, to be known as the ravi and beas waters tribunal for the verification and adjudication of the matters referred to in paragraphs 9.1 and 9.2, respectively, of the punjab settlement. 2 when a tribunal has been constituted under subsection 1, the provisions of subsections 2 and 3 of section 4, subsections 2, 3 and 4 of section 5 and sections 5a to 13 both inclusive of this act relating to the constitution, jurisdiction, powers, authority and bar or jurisdiction shall, so far as may be, but subject to subsection 3 hereof, apply to the constitution, jurisdiction, powers, authority and bar of jurisdiction in relation to the tribunal constituted under subsection 1. 3 when a tribunal has been constituted under subsection 1, the central government alone may suo motu or at the request of the concerned state government refer the mattes specified in paragraphs 9.1 and 9.2 of the punjab settlement to such tribunal. explanation.for the purposes of this section, punjab settlement means the memorandum of settlement signed at new delhi on the 24th day of july, . 1. ins. by act 20 of , s. 2 w.e.f. .

section 9. of the interstate river water disputes act : 1 the tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 5 of , in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents and material objects 1ba requisitioning of any data, as may be required by it c issuing commissions for the examination of witnesses or for local investigation d any other matter which may be prescribed. 2 the tribunal may require any state government to carry out, or permit to be carried out, such surveys and investigation as may be considered necessary for the adjudication of any water dispute pending before it. 3 a decision of the tribunal may contain directions as to the government by which the expenses of the tribunal and any costs incurred by any state government in appearing before the tribunal are to be paid, and may fix the amount of any expenses or costs to be so paid, and so far as it relates to expense or costs, may be enforced as if it were an order made by the supreme court. 4 2subject to the provisions of this act and any rules that may be made there under, the tribunal may, by order, regulate its practice and procedure. 1. ins.by act 14 of , s. 6 w.e.f. . 2. subs. by act 35 of , s. 5, for subject to any rules that may be made under this act w.e.f.

section 9a. of the interstate river water disputes act : show related subordinates 19a. maintenance of date bank and information.1 the central government shall maintain a data bank and information system at the national level for each river basin which shall include data regarding water resources, land, agriculture, and matters relation thereto, as the central government may prescribe form time to time. the state government shall supply the date to the central government or to an agency appointed by the central government for the purposes, as and when required. 2 the central government shall have powers to verify the data supplied by the state government, and appoint any person or persons for the purpose and take such measures as it may consider necessary. the person or persons so appointed shall have the powers to summon such records and information from the concerned state government as are considered necessary to discharge their functions under this section. 1. ins. by act 14 of , s. 7 w.e.f. .

section 11. of the interstate river water disputes act : notwithstanding anything contained in any other law, neither the supreme court nor any other court shall have or exercise jurisdiction in respect of any water dispute which may be referred to a tribunal under this act.

section 10. of the interstate river water disputes act : 1the chairman and other members of a tribunal and the assessors shall be entitled to receive such remuneration, allowances or fees as may be prescribed. 1. subs. by act 35 of , s. 6, for the presiding officer of a tribunal w.e.f. .

section 13. of the interstate river water disputes act : show related subordinates 1 the central government, after consultation with the state governments, may, by notification in the official gazette, make rules to carry out the purposes of this act. 2 in particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely: a the form and manner in which complaint as to any water dispute may be made by any state government b the matters in respect of which a tribunal may be vested with the powers of a civil court c the procedure to be followed by a tribunal under this act d the remuneration, allowances or fees payable to 1the chairman and other members of a tribunal and assessors 2e the terms and conditions of service of officers and assessors of the tribunal f any other matter which has to be, or may be, prescribed. 33 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, 4which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both houses agree in making any modification in the rule of both houses agree that the rule should not be made, the rule shall thereafter have effect only in the modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. subs. by act 35 of , s. 7, for the presiding officer w.e.f. . 2. subs. by act 14 of , s. 8, for clause e w.e.f. . 3. subs. by act 35 of , s. 7, for subsection 3 w.e.f. . 4. subs. by act 45 of , s. 3, for certain words w.e.f. .

section 12. of the interstate river water disputes act : show related subordinates the central government shall dissolve the tribunal after it has forwarded its report and as soon as the central government is satisfied that no further reference to the tribunal in the matter would be necessary.

section 8. of the national commission for minorities act : 1 the commission shall meet as and when necessary at such time and place as the chairperson may think fit. 2 the commission shall regulate its own procedure. 3 all orders and decisions of the commission shall be authenticated by the secretary or any other officer of the commission duly authorised by the secretary on this behalf.

section 1. of the national commission for minorities act : 1 this act may be called the national commission for minorities act, . 2 it extends to the whole of india 1. 3 it shall come into force on such date2 as the central government may, by notification in the official gazette, appoint. 1. the words except the state of jammu and kashmir omitted by act 34 of , s. 95 and the fifth schedule w.e.f. . 2. 17th may, , vide notification no. s.o. 317e, dated 17th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the national commission for minorities act : in this act, unless the context otherwise requires, a commission means the national commission for minorities constituted under section 3 b member means a member of the commission 1 and includes the vicechairperson c minority, for the purposes of this act, means a community notified as such by the central government d prescribed means prescribed by rules made under this act. 1. added by act 41 of , s.2 w.e.f. .

section 7., not to invalidate proceedings of the commission. of the national commission for minorities act : no act or proceeding of the commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the constitution of the commission.

section 3. of the national commission for minorities act : show related subordinates 1 the central government shall constitute a body to be known as the national commission for minorities to exercise the powers conferred on, and to perform the functions assigned to, it under this act. 2 the commission shall consist of a 1 chairperson, a vicechairperson and five members to be nominated by the central government from amongst persons of eminence, ability and integrity: provided that five members including the chairperson shall be from amongst the minority communities. 1. subs. by s. 3, ibid., for chairperson and six members w.e.f. .

section 9. of the national commission for minorities act : 1the commission shall perform all or any of the following functions, namely: a evaluate the progress of the development of minorities under the union and states b monitor the working of the safeguards provided in the constitution and in laws enacted by parliament and the state legislatures c make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the central government or the state governments d look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities e cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal f conduct studies, research and analysis on the issues relating to socioeconomic and educational development of minorities g suggest appropriate measures in respect of any minority to be undertaken by the central government or the state governments h make periodical or special reports to the central government on any matter pertaining to minorities and in particular difficulties confronted by them and i any other matter which may be referred to it by the central government. 2 the central government shall cause the recommendations referred to in clause c of subsection 1 to be laid before each house of parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the nonacceptance, if any, of any of such recommendations. 3 where any recommendation referred to in clause c of subsection 1 or any part thereof with which any state government is concerned, the commission shall forward a copy of such recommendation or part to such state government who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the nonacceptance, if any, of any of such recommendation or part. 4 the commission shall, while performing any of the functions mentioned in subclauses a, b and d of subsection 1, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely: a summoning and enforcing the attendance of any person from any part of india and examining him on oath b requiring the discovery and production of any document c receiving evidence on affidavits d requisitioning any public record or copy thereof from any court or office e issuing commissions for the examination of witnesses and documents and f any other matter which may be prescribed.

section 4. of the national commission for minorities act : 1 the chairperson and every member shall hold office for a term of three years from the date he assumes office. 2 the chairperson or a member may, by writing under his hand addressed to the central government, resign from the office of chairperson or, as the case may be, of the member at any time. 3 the central government shall remove a person from the office of chairperson or a member referred to in subsection 2 if that person a becomes an undischarged insolvent b is convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude c becomes of unsound mind and stands so declared by a competent court d refuses to act or becomes incapable of acting e is, without obtaining leave of absence from the commission, absent from three consecutive meetings of the commission or f has, in the opinion of the central government, so abused the position of chairperson or member as to render that persons continuance in office detrimental to the interests of minorities or the public interest: provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter. 4 a vacancy caused under subsection 2 or otherwise shall be filled by fresh nomination. 5 the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members shall be such as may be prescribed.

section 10. of the national commission for minorities act : 1 the central government shall, after due appropriation made by parliament by law in this behalf, pay to the commission by way of grants such sums of money as the central government may think fit for being utilised for the purposes of this act. 2 the commission may spend such sums as it thinks fit for performing the functions under this act, and such sums shall be treated as expenditure payable out of the grants referred to in subsection 1.

section 5. of the national commission for minorities act : 1 the central government shall provide the commission with a secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the commission under this act. 2 the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the commission shall be such as may be prescribed.

section 6. of the national commission for minorities act : the salaries and allowances payable to the chairperson and members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred to in subsection 1 of section 10.

section 11.accounts and audit of the national commission for minorities act : 1 the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditorgeneral of india. 2 the accounts of the commission shall be audited by the comptroller and auditorgeneral at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the commission to the comptroller and auditorgeneral. 3 the comptroller and auditorgeneral and any person appointed by him in connection with the audit of the accounts of the commission under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditorgeneral generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission.

section 12. of the national commission for minorities act : the commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the central government.

section 13.annual report and audit report to be laid before parliament of the national commission for minorities act : the central government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the central government, and the reasons for the nonacceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each house of parliament.

section 16. of the national commission for minorities act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this act. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 14.chairperson, members and staff of the commission to be public servants of the national commission for minorities act : the chairperson, members and employees of the commission shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 15. power to make rules of the national commission for minorities act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and members under subsection 5 of section 4 and of officers and other employees under subsection 2 of section5 b any other matter under clause f of subsection 4 of section 9 c the form in which the annual statement of accounts shall be maintained under subsection 1 of section 11 d the form in, and the time at, which the annual report shall be prepared under section 12 e any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 5. of the provisions of the panchayats extension to the scheduled areas act : notwithstanding anything in part ix of the constitution with exceptions and modifications made by this act, any provision of any law relating to panchayats in force in the scheduled areas immediately before the date on which this act receives the assent of the president which is inconsistent with the provisions of part ix with such exceptions and modifications shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from the date on which this act receives the assent of the president: provided that all the panchayats existing immediately before such date shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the legislative assembly of that state or, in the case of a state having legislative council, by each house of the legislature of that state.

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996

section 1. of the provisions of the panchayats extension to the scheduled areas act : this act may be called the provisions of the panchayats extension to the scheduled areas act, .

section 4. of the provisions of the panchayats extension to the scheduled areas act : notwithstanding anything contained under part ix of the constitution, the legislature of a state shall not make any law under that part which is inconsistent with any of the following features, namely: a a state legislation on the panchayats that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources b a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs c every village shall have a gram sabha consisting of persons whose names are included in the electoral rolls for the panchayat at the village level d every gram sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution e every gram sabha shall i approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the panchayat at the village level ii be responsible for the identification or selection of persons as beneficiaries under the poverty alleviation and other programmes f every panchayat at the village level shall be required to obtain from the gram sabha a certification of utilisation of funds by that panchayat for the plans, programmes and projects referred to in clausee g the reservation of seats in the scheduled areas at every panchayat shall be in proportion to the population of the communities in that panchayat for whom reservation is sought to be given under part ix of the constitution: provided that the reservation for the scheduled tribes shall not be less than onehalf of the total number of seats: provided further that all seats of chairpersons of panchayats at all levels shall be reserved for the scheduled tribes h the state government may nominate persons belonging to such scheduled tribes as have no representation in the panchayat at the intermediate level or the panchayat at the district level: provided that such nomination shall not exceed onetenth of the total members to be elected in that panchayat i the gram sabha or the panchayats at the appropriate level shall be consulted before making the acquisition of land in the scheduled areas for development projects and before resettling or rehabilitating persons affected by such projects in the scheduled areas the actual planning and implementation of the projects in the scheduled areas shall be coordinated at the state level j planning and management of minor water bodies in the scheduled areas shall be entrusted to panchayats at the appropriate level k the recommendations of the gram sabha or the panchayats at the appropriate level shall be made mandatory prior to grant of prospecting licence or mining lease for minor minerals in the scheduled areas l the prior recommendation of the gram sabha or the panchayats at the appropriate level shall be made mandatory for grant of concession for the exploitation of minor minerals by auction m while endowing panchayats in the scheduled areas with such powers and authority as may be necessary to enable them to function as institutions of selfgovernment, a state legislature shall ensure that the panchayats at the appropriate level and the gram sabha are endowed specifically with i the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant ii the ownership of minor forest produce iii the power to prevent alienation of land in the scheduled areas and to take appropriate action to restore any unlawfully alienated land of a scheduled tribe iv the power to manage village markets by whatever name called v the power to exercise control over money lending to the scheduled tribes vi the power to exercise control over institutions and functionaries in all social sectors vii the power to control over local plans and resources for such plans including tribal subplans n the state legislations that may endow panchayats with powers and authority as may be necessary to enable them to function as institutions of selfgovernment shall contain safeguards to ensure that panchayats at the higher level do not assume the powers and authority of any panchayat at the lower level or of the gram sabha o the state legislature shall endeavour to follow the pattern of the sixth schedule to the constitution while designing the administrative arrangements in the panchayats at district levels in the scheduled areas.

section 3. of the provisions of the panchayats extension to the scheduled areas act : the provisions of part ix of the constitution relating to panchayats are hereby extended to the scheduled areas subject to such exceptions and modifications as are provided in section 4.

section 2. of the provisions of the panchayats extension to the scheduled areas act : in this act, unless the context otherwise requires, scheduled areas means the scheduled areas as referred to in clause 1 of article 244 of the constitution.

section 4. of the bharat petroleum corporation limited determination of conditions of service of employees act : 1 the bharat petroleum corporation limited determination of conditions of service of employees ordinance, 6 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

The Bharat Petroleum Corporation Limited (Determination of Conditions of Service of Employees ) Act, 1988

section 1. of the bharat petroleum corporation limited determination of conditions of service of employees act : show related subordinates 1 this act may be called the bharat petroleum corporation limited determination of conditions of service of employees act, . 2 it shall be deemed to have come into force on the 2nd day of july, .

section 3. of the bharat petroleum corporation limited determination of conditions of service of employees act : show related subordinates 1 where the central government is satisfied that for the purpose of making the conditions of service of the officers and employees of the corporation comparable with the conditions of service of the officers and employees of other public sector companies, it is necessary so to do, it may, notwithstanding anything contained in the industrial disputes act, 14 of or any other law or any agreement, settlement, award or other instrument for the time being in force, and notwithstanding any judgment, decree or order of any court, tribunal or other authority, frame one or more schemes for the purpose of determination of the conditions of service of the officers and employees of the corporation. 2 while framing any scheme under subsection 1, it shall be competent for the central government to provide for the continuance, after the commencement of any such scheme, of such of the emoluments or other benefits as were payable to, or entitled to be received by, the officers and employees f the corporation referred to in subclause i or subclause ii of clause d of section 2 immediately before the burmah shell refineries became a government company, or as the case may be, immediately before the appointed day under the burmah shell acquisition of undertakings in india act, 2 of . 3 the central government may make a scheme to amend or vary any scheme made under subsection 1. 4 the power to make any scheme under subsection 1 or subsection 3 shall include, a the power to give retrospective effect to any such scheme or any provision thereof and b the power to amend, by way of addition, variation or repeal, any existing provisions determining the conditions of service of the officers and employees of the corporation in force immediately before the commencement of this act. 5 every scheme made under subsection 1 or subsection 3 shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the scheme, or both houses agree that the scheme should not be made, the scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that scheme.

section 2. of the bharat petroleum corporation limited determination of conditions of service of employees act : in this act, unless the context otherwise requires, a burmah shell means the burmah shell oil storage and distributing company of india limited, a foreign company within the meaning of section 591 of the companies act, 1 of as it existed immediately before the appointed day under the burmah shell acquisition of undertakings in india act, 2 of b burmah shell refineries means the burmah shell refineries limited, a company registered under the indian companies act, 7 of , as it existed immediately before it became a government company c corporation means the bharat petroleum corporation limited, a government company, as defined in section 617 of the companies act, 1 of d officers and employees of the corporation includes, i the officers and employees who were in the service of the burmah shell refineries and who continued to be in the service of the said company after it became a government company and ii the officers and employees who were in the service of burmah shell and whose services were transferred to the corporation by section 9 of the burmah shell acquisition of undertakings in india act, 2 of e public sector company means any corporation established by or under any central act or a government company as defined in section 617 of the companies act, 1 of .

section 8. of the commission of sati prevention act : 1 where the collector or the district magistrate has reason to believe that any funds or property have been collected or acquired for the purpose of glorification of the commission of any sati or which may be found under circumstances which create suspicion of the commission of any offence under this act, he may seize such funds or property. 2 every collector or district magistrate acting under subsection 1 shall report the seizure to the special court, if any, constituted to try any offence in relation to which such funds or property were collected or acquired and shall await the orders of such special court as to the disposal of the same.

section 1. of the commission of sati prevention act : show related subordinates 1 this act may be called the commission of sati prevention act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall come into force in a state on such date1 as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different states. 1. 21stmarch, , vide notification no. g.s.r. 359e, dated 21st march, , see gazette of india, extraordinary, part ii, sec. 3i.

section 3. of the commission of sati prevention act : notwithstanding anything contained in the indian penal code45 of , whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to six months or with fine or with both: provided that the special court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state or mind of the person charged of the offence at the time of the commission of the act and all other relevant factors.

section 2. of the commission of sati prevention act : 1 in this act, unless the context otherwise requires, a code means the code of criminal procedure, 2 of b glorification, in relation to sati, whether such sati, was committed before or after the commencement of this act, includes, among other things, i the observance of any ceremony or the taking out of a procession in connection with the commission of sati or ii the supporting, justifying or propagating the practice of sati in any manner or iii the arranging of any function to eulogise the person who has committed sati or iv the creation of a trust, or the collection of funds, or the construction of a temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati c sati means the act of burning or burying alive of i any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative or ii any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the woman or otherwise d special court means a special court constituted under section 9 e temple includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such commission. 2 words and expressions used but not defined in this act and defined in the indian penal code 45 of , or in the code shall have the same meanings as are respectively assigned to them in the indian penal code or the code.

section 7. of the commission of sati prevention act : show related subordinates 1 the state government may, if it is satisfied that in any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of, or to preserve the memory of, any person in respect of whom sati has been committed, by order, direct the removal of such temple or other structure. 2 the collector or the district magistrate may, if he is satisfied that in any temple or other structure, other than that referred to in subsection 1, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of, or to preserve the memory of, any person is respect of whom sati has been committed, by order, direct the removal of such temple or other structure. 3 where any order under subsection 1 or subsection 2 is not complied with, the state government or the collector or the district magistrate, as the case may be, shall cause the temple or other structure to be removed through a police officer not below the rank of a subinspector at the cost of the defaulter.

section 5. of the commission of sati prevention act : whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

section 4. of the commission of sati prevention act : 1 notwithstanding anything contained in the indian penal code 45 of , if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine. 2 if any person attempts to commit sati, whoever abets such attempt, either directly or indirectly, shall be punishable with imprisonment for life and shall also be liable to fine. explanation.for the purposes of this section, any of the following acts or the like shall also be deemed to be an abetment, namely: a any inducement to a widow or woman to get her burnt or buried alive along with the body of her deceased husband or with any other relative or with any article, object or thing associated with the husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a state of intoxication or stupefaction or other cause impeding the exercise of her free will b making a widow or woman believe that the commission of sati would result in some spiritual benefit to her or her deceased husband or relative or the general well being of the family c encouraging a widow or woman to remain fixed in her resolve to commit sati and thus instigating her to commit sati d participating in any procession in connection with the commission of sati or aiding the widow or woman in her decision to commit sati by taking her along with body of her deceased husband or relation to the cremation or burial ground e being present at the place where sati is committed as an active participant to such commission or to any ceremony connected with it f preventing or obstructing the widow or woman from saving herself from being burnt or buried alive g obstructing, or interfering with, the police in the discharge of its duties of taking any steps to prevent the commission of sati.

section 6. of the commission of sati prevention act : show related subordinates 1 where the collector or the district magistrate is of the opinion that sati or any abetment thereof is being, or is about to be committed, he may, by order, prohibit the doing of any act towards the commission of sati by any person in any area or areas specified in the order. 2the collector or the district magistrate may also, by order, prohibit the glorification in any manner of sati by any person in any area or areas specified in the order. 3 whoever contravenes any order made under subsection 1 or subsection 2 shall, if such contravention is not punishable under any other provision of this act, be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

section 9. of the commission of sati prevention act : 1 notwithstanding anything contained in the code, all offences under this act shall be triable only by a special court constituted under this section. 2 the state government shall, by notification in the official gazette, constitute one or more special courts for the trial of offences under this act and every special court shall exercise jurisdiction in respect of the whole or such part of the state as may be specified in the notification. 3 a special court shall be presided over by a judge to be appointed by the state government with the concurrence of the chief justice of the high court. 4 a person shall not be qualified for appointment as a judge of a special court unless he is, immediately before such appointment, a sessions judge or an additional sessions judge in any state.

section 16. of the commission of sati prevention act : where any person is prosecuted of an offence under section 4, the burden of proving that he had not committed the offence under the said section shall be on him.

section 10. of the commission of sati prevention act : 1 for every special court, the state government shall appoint a person to be a special public prosecutor. 2 a person shall be eligible to be appointed as a special public prosecutor under this section only if he had been in practice as an advocate for not less than seven years or has held any post for a period of not less than seven years under the state requiring special knowledge of law. 3 every person appointed as a special public prosecutor under this section shall be deemed to be a public prosecutor within the meaning of clause u of section 2 of the code and the provisions of the code shall have effect accordingly.

section 12. of the commission of sati prevention act : 1 when trying any offence under this act, a special court may also try any other offence with which the accused may, under the code, be charged at the same trial if the offence is connected with such other offence. 2 if, in the course of any trial of any offence under this act it is found that the accused person has committed any other offence under this act or under any other law, a special court may convict such person also of such other offence and pass any sentence authorised by this act or such other law for the punishment thereof. 3 in every inquiry or trial, the proceedings shall be held as expeditiously as possible and, in particular, where the examination of witnesses has begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, and if any special court finds the adjournment of the same beyond the following date to be necessary, it shall record its reasons for doing so.

section 11. of the commission of sati prevention act : 1 a special court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts. 2 subject to the other provisions of this act, a special court shall, for the purpose of the trial of any offence, have all the powers of a court of session and shall try such offence as if it were a court of session, so far as may be, in accordance with the procedure prescribed in the code for trial before a court of session.

section 17. of the commission of sati prevention act : 1 all officers of government are hereby required and empowered to assist the police in the execution of the provisions of this act or any rule or order made thereunder. 2 all village officers and such other officers as may be specified by the collector or the district magistrate in relation to any area and the inhabitants of such area shall, if they have reason to believe or have the knowledge that sati is about to be, or has been, committed in the area shall forthwith report such fact to the nearest police station. 3 whoever contravenes the provisions of subsection 1 or subsection 2 shall be punishable with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

section 14. of the commission of sati prevention act : 1 notwithstanding anything contained in the code, an appeal shall lie as a matter of right from any judgment, sentence or order, not being an interlocutory order, of a special court to the high court both on facts and on law. 2 every appeal under this section shall be preferred within a period of thirty days from the date of the judgment, sentence or order appealed from: provided that the high court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.

section 13. of the commission of sati prevention act : show related subordinates where a person has been convicted of an offence under this act, the special court trying such offence may, if it is considered necessary so to do, declare that any funds or property seized under section 8 shall stand forfeited to the state.

section 15. of the commission of sati prevention act : no suit, prosecution or other legal proceeding shall lie against the state government or any officer or authority of the state government for anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made under this act.

section 22. of the commission of sati prevention act : 1 all laws in force in any state immediately before the commencement of this act in that state which provide for the prevention or the glorification of sati shall, on such commencement, stand repealed. 2 notwithstanding such repeal, anything done or any action taken under any law repealed under subsection 1 shall be deemed to have been done or taken under the corresponding provisions of this act, and, in particular, any case taken cognizance of by a special court under the provisions of any law so repealed and pending before it immediately before the commencement of this act in that state shall continue to be dealt with by that special court after such commencement as if such special court had been constituted under section 9 of this act.

section 18. of the commission of sati prevention act : a person convicted of an offence under subsection 1 of section 4 in relation to the commission of sati shall be disqualified from inheriting the property of the person in respect of whom such sati has been committed or the property of any other person which he would have been entitled to inherit on the death of the person in respect of whom such sati has been committed.

section 19. of the commission of sati prevention act : amendment of act 43 of .rep. by the repealing and amending act, 30 of s.2 and the first schedulew.e.f..

section 21. of the commission of sati prevention act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 20. of the commission of sati prevention act : the provisions of this act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act.

section 8. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : for the transfer to, and vesting in the central government, under section 3, of the textile undertakings of the company, and the right, title and interest of the company in relation to such undertakings, there shall be given by the central government to the company in cash and in the manner specified in chapter vi, an amount of rupees twentyfour crores and thirtytwo lakhs.

The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986

section 1. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 this act may be called the swadeshi cotton mills company limited acquisition and transfer of undertakings act, . 2 the provisions of sections 27 and 28 shall come into force at once, and the remaining provisions of this act shall be deemed to have come into force on the 1st day of april, .

section 7. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : an amount equal to the value of the assets of the textile undertakings transferred to, and vested in, the national textile corporation under subsection 2 of section 3 shall be deemed to be the contribution made by the central government to the equity capital of the national textile corporation and for the contribution so made, the national textile corporation shall issue if necessary after amending its memorandum and articles of association to the central government paid up shares, in its equity capital having a face value equal to the amount specified in section 8.

section 10., of the textile undertakings. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : the national textile corporation or any person which that corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of a textile undertaking, the right, title and interest of the company in relation to which have vested in that corporation under subsection 2 of section 3, and do all such things as the company is authorised to exercise and do.

section 2. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : in this act, unless the context otherwise requires, a appointed day means the 1st day of april, b commissioner means the commissioner of payments appointed under section 15 c company means the swadeshi cotton mills company limited, kanpur, a company within the meaning of the companies act, 1 of , and having its registered office at swadeshi house, civil lines, kanpur, in the state of uttar pradesh d date of taking over means the date on which the management of the textile undertakings of the company was taken over by the central government by virtue of the order of the government of india in the late ministry of industrial development no. s.o. 265e, dated the 13th april, , made under clause a of subsection 1 of section 18aa of the industries development and regulation act, 65 of e national textile corporation means the national textile corporation limited, a company formed and registered under the companies act, 1 of f notification means a notification published in the official gazette g ordinance means the swadeshi cotton mills company limited acquisition and transfer of undertakings ordinance, 5 of h prescribed means prescribed by rules made under this act i specified date, in relation to any provision of this act, means such date as the central government may, by notification in the official gazette and in the newspapers circulating in the locality in which the registered office of the company is situated, specify for the purposes of that provision and different dates may be specified for different provisions of this act j subsidiary textile corporation means a textile corporation formed by the national textile corporation as its subsidiary k textile undertakings means the six textile undertakings of the company specified below: i the swadeshi cotton mills, kanpur ii the swadeshi cotton mills, pondicherry iii the swadeshi cotton mills, naini iv the swadeshi cotton mills, maunath bhanjan v the udaipur cotton mills, udaipur vi the rae bareli textile mills, rae bareli l words and expressions used herein and not defined but defined in the companies act, 1 of , shall have the meanings respectively assigned to them in that act.

section 3. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 on the appointed day, every textile undertaking and the right, title and interest of the company in relation to every such textile undertaking shall, by virtue of this act, stand transferred to, and shall vest in, the central government. 2 every such textile undertaking which stands vested in the central government by virtue of subsection 1 shall, immediately after it has so vested, stand transferred to, and vested in, the national textile corporation.

section 6. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the national textile corporation may, by order in writing, transfer any of the textile undertakings or part thereof to a subsidiary textile corporation and any such transfer shall be subject to such terms and conditions as may be specified in the said order. 2 the subsidiary textile corporation shall, on and from the date of such transfer, be deemed to be substituted in the licence or other instrument referred to in subsection 3 of section 4 in place of the national textile corporation as if such licence or other instrument had been granted to the subsidiary textile corporation, and shall hold such licence or other instrument for the remainder of the period for which the national textile corporation would have held such licence or other instrument. 3 save as otherwise expressly provided in this act, references in this act to the national textile corporation shall, in respect of any textile undertaking or part thereof which is transferred to a subsidiary textile corporation, be construed as references to the subsidiary textile corporation.

section 10a. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 110a. special provision for disposal of assets of the textile undertakings in certain circumstances.if the national textile corporation considers it necessary or expedient for the better management, modernisation, restructuring or revival of a textile undertaking so to do, it may, with the previous sanction of the central government, transfer, mortgage, sell or otherwise dispose of any land, plant, machinery or any other assets of any of the textile undertakings: provided that the proceeds of no such transfer, mortgage, sale or disposal shall be utilised for any purpose other than the purpose for which the sanction of the central government has been obtained. 1. ins. by act 40 of , s. 3 w.e.f. .

section 5. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 every liability of the company in relation to the textile undertakings in respect of any period prior to the appointed day shall be the liability of the company and shall be enforceable against it and not against the central government of the national textile corporation. 2 for the removal of doubts, it is hereby declared that, a save as otherwise expressly provided in this section or in any other section of this act, no liability of the company in relation to the textile undertakings, in respect of any period prior to the appointed day shall be enforceable against the central government or the national textile corporation b no award, decree or order of any court, tribunal or other authority in relation to any textile undertaking, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day shall be enforceable against the central government or the national textile corporation c no liability incurred by the company in relation to any textile undertaking before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the central government or the national textile corporation.

section 4. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the textile undertakings referred to in section 3 shall be deemed to include all assets, rights, lease holds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts pertaining to the textile undertakings and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the company in relation to the said undertakings, whether within or outside india, and all books of account, registers and all other documents of whatever nature relating thereto. 2 all property as aforesaid which have vested in the central government under subsection 1 of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn. 3 where any licence or other instrument had been granted at any time before the appointed day to the company in relation to the textile undertakings by the central government or a state government or any local authority, the national textile corporation shall, on and from such day, be deemed to be substituted in such licence or other instrument in place of the company as if such licence or other instrument had been granted to the national textile corporation and that corporation shall hold it for the remainder of the period of which the company to which it was granted would have held it under the terms thereof. 4 every mortgagee of any property which has vested under this act in the central government and every person holding any charge, lien or other interest in, or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the commissioner of such mortgage, charge, lien or other interest. 5 for the removal of doubts, it is hereby declared that the mortgagee of any property referred to in subsection 2 or any other person holding any charge, lien or other interest in, or in relation to, any such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amounts specified in section 8 and section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the central government. 6 if, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any property which has vested in the central government, under section 3, instituted or preferred by or against the company is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the textile undertakings or of anything contained in this act, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the national textile corporation.

section 9. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 for the deprivation of the company of the management of the textile undertakings, there shall be given by the central government to the company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the date on which the management of the textile undertakings of the company was taken over in pursuance of the order made by the central government under section 18aa of the industries development and regulation act, 65 of and ending on the appointed day. 2 in consideration of the retrospective operation of the provisions of sections 3 and 4, there shall also be given by the central government to the company, in cash, an amount calculated at the rate of rupees ten thousand per annum for the period commencing on the appointed day and ending on the date on which the ordinance was promulgated. 3 the amount specified in section 8 and the amounts determined in accordance with the provisions of subsections 1 and 2 shall carry simple interest at the rate of four per cent. per annum for the period commencing on the appointed day and ending on the date on which payment of such amounts is made by the central government to the commissioner. 4 the amounts determined in accordance with the provisions of subsections 1, 2 and 3 shall be given by the central government to the company in addition to the amount specified in section 8. 5 for the removal of doubts, it is hereby declared that the liabilities of the company in relation to the textile undertakings which have vested in the central government under section 3 shall be discharged from the amount referred to in section 8 and also from the amounts determined under subsections 1, 2 and 3, in accordance with the rights and interests of the creditors of the company.

section 11. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : on the vesting of a textile undertaking in the national textile corporation, all persons in charge of the management of a textile undertaking immediately before such vesting shall be bound to deliver to the national textile corporation, all assets, books of account, registers or other documents in their custody relating to the textile undertaking.

section 13. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 where the company has established a provident fund, superannuation, welfare or other fund for the benefit of the persons employed in a textile undertaking, the moneys relatable to the officers and other employees whose services have been transferred by or under this act to the national textile corporation shall, out of the moneys standing, on the appointed day, to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to and vest in, the national textile corporation. 2 the moneys which stand transferred under subsection 1 to the national textile corporation, shall be dealt with by that corporation in such manner as may, be prescribed.

section 18. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : every person having a claim against the company in relation to the textile undertakings with regard to any of the matters specified in the schedule shall prefer such claim before the commissioner within thirty days from the specified date: provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

section 12. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 every person who has been, immediately before the appointed day, employed by the company in relation to a textile undertaking, shall become, on and from the appointed day, an employee of the national textile corporation and shall hold office or service in that corporation with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such textile undertaking had not been transferred to, and vested in, the national textile corporation, and shall continue to do so unless and until his employment in that corporation is duly terminated or until his remuneration, terms and conditions of employment are duly altered by that corporation. 2 notwithstanding anything contained in the industrial disputes act, 14 of , or in any other law for the time being in force, the transfer of the services of any officer or other person employed in a textile undertaking to the national textile corporation shall not entitle such officer or other employee to any compensation under this act or any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

section 14. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : where any textile undertaking or any part thereof is transferred under this act to a subsidiary textile corporation, every person referred to in section 12 shall, on and from the date of such transfer, become an employee of the subsidiary textile corporation, and the provisions of sections 12 and 13 shall apply to such employee of the national textile corporation as if references in the said sections to the national textile corporation were references to the subsidiary textile corporation.

section 15. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the central government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to the company, by notification, appoint a commissioner of payments. 2 the central government may appoint such other persons as it may think fit to assist the commissioner and thereupon the commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this act and different persons may be authorised to exercise different powers. 3 any person authorised by the commissioner to exercise any of the powers exercisable by the commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this act and not by way of authorisation. 4 the salaries and allowances of the commissioner and other persons appointed under this section shall be defrayed out of the consolidated fund of india.

section 16. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the central government shall, within thirty days from the specified date pay in cash to the commissioner, for payment to the company, an amount equal to the amount specified in section 8 and the amounts payable to the company under section 9. 2 a deposit account shall be opened by the central government in favour of the commissioner in the public account of india, and every amount paid under this act to the commissioner shall be deposited by him to the credit of the said deposit account, and the said deposit account shall be operated by the commissioner. 3 the interests accruing on the amount standing to the credit of the deposit account referred to in subsection 2 shall enure to the benefit of the company.

section 17. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the national textile corporation shall be entitled to receive, up to the specified date, to the exclusion of all other persons, any money due to a textile undertaking, realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day. 2 the national textile corporation may make a claim to the commissioner with regard to every payment made by it as the authorised person in relation to a textile undertaking after the appointed day but before the date on which the ordinance was promulgated for discharging any liability of the company in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this act, to the matter in relation to which such liability has been discharged by the authorised person. 3 save as otherwise provided in this act, the liabilities in relation to a textile undertaking in respect of any period prior to the appointed day which have not been discharged by the authorised person shall be the liabilities of the company. explanation.for the purposes of this section, authorised person means the person authorised to take over the management of any textile undertaking in pursuance of the order of the government of india in the late ministry of industrial development no. s.o. 265e, dated the 13th april, , issued under clause a of subsection 1 of section 18aa of the industries development and regulation act, 65 of .

section 19. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : the claims arising out of matters specified in the schedule shall have priorities in accordance with the following principles namely: a category i shall have precedence over all other categories and category ii shall have precedence over category iii and so on b the claims specified in each of the categories, shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly and c the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.

section 26. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : every contract, entered into by the company in relation to any textile undertaking which has vested in the national textile corporation under subsection 2 of section 3, for any service, sale or supply and in force immediately before the appointed day, shall, on and from the expiry of a period of one hundred and eighty days from the date on which the ordinance was promulgated, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the national textile corporation, and in ratifying such contract, the national textile corporation may make such alterations or modifications therein as it may think fit: provided that the national textile corporation shall not omit to ratify a contract and shall not make any alteration or modification in a contract a unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interests of the textile undertaking concerned, and b except after giving the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein.

section 21. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 after examining the claims against the company with reference to the priorities set out in the schedule, the commissioner shall fix a date on or before which every claimant shall file the proof of his claim. 2 not less than fourteen dayss notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the english language having circulation in the major part of the country and in one issue of any daily newspaper in such regional language as the commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the commissioner within the period specified in the advertisement. 3 every claimant who fails to file the proof of his claim within the period specified by the commissioner shall be excluded from the disbursements made by the commissioner. 4 the commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the company an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order, in writing, admit or reject the claim in whole or in part. 5 the commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a the summoning and enforcing the attendance of any witness and examining him on oath b the discovery and production of any document or other material object producible as evidence c the reception of evidence on affidavit d the issuing of any commission for the examination of witnesses. 6 any investigation before the commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of , and the commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 2 of . 7 a claimant who is dissatisfied with the decision of the commissioner, may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated: provided that where a person who is a judge of a high court is appointed to be the commissioner, such appeal shall lie to the high court of allahabad and such appeal shall be heard and disposed of by not less than two judges of that high court.

section 20. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 on receipt of the claims made under section 18, the commissioner shall arrange the claims in the order of priorities specified in the schedule and examine the same in accordance with such order. 2 if on examination of the claims against the company, the commissioner is of the opinion that the amounts paid to him under this act for payment to such company are not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine any claim in respect of such lower category.

section 22. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 after admitting a claim against the company under this act, the amount due in respect of such claim shall be paid by the commissioner to the person or persons to whom such amount is due and on such payment, the liability of the company in respect of such claim shall stand discharged. 2 if, out of the moneys paid to him in relation to the textile undertakings, there is a balance left after meeting the liabilities as specified in the schedule, the commissioner shall disburse such balance to the company.

section 23. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : any money paid to the commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the commissioner is finally wound up, shall be transferred by the commissioner before his office is finally wound up, to the general revenue account of the central government, but a claim to any money so transferred may be preferred to the central government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue.

section 25. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 where any liability of the company in relation to any textile undertaking arising out of any item specified in part i of the schedule is not discharged fully by the commissioner out of the amounts paid to him under this act, the commissioner shall intimate in writing to the central government the extent of the liability which remains undischarged and that liability shall be assumed by the central government. 2 the central government may, by order, direct the national textile corporation to take over the liability assumed by the central government under subsection 1, and on receipt of such direction, it shall be the duty of that corporation to discharge such liability.

section 24. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law, other than this act, or in any decree or order of any court, tribunal or other authority.

section 27. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : any person who, a having in his possession, custody or control any property forming part of any of the textile undertakings, wrongfully withholds such property from the national textile corporation or b wrongfully obtains possession of, or retains any property forming part of any of the textile undertakings or c wilfully withholds or fails to furnish to the national textile corporation or any person or body of persons specified by that corporation, any document or inventory relating to any of the textile undertakings which may be in his possession, custody or control or d wilfully fails to deliver to the national textile corporation any inventory or property and assets forming part of any of the textile undertakings or e fails to deliver to the national textile corporation or any person or body of persons specified by that corporation, any assets, books of account, registers or other documents in his possession, custody or control relating to any of the textile undertakings or f wrongfully removes or destroys any property forming part of any of the textile undertakings or prefers any claim under this act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.

section 33. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the swadeshi cotton mills company limited acquisition and transfer of undertakings ordinance, 5 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act.

section 28. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be preceded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other office of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation. for the purposes of this section, a company means anybody corporate and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 29. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 no suit, prosecution or other legal proceeding shall lie against the central government or any officer of, or other person authorised by, that government or the national textile corporation or any subsidiary textile corporation or any officer of, or other person authorised by, such corporation for anything which is in good faith done or intended to be done under this act. 2 no suit or other legal proceeding shall lie against the central government or any officer of, or other person authorised by, that government, or the national textile corporation or any subsidiary textile corporation or any officer of, or other person authorised by, such corporation for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this act.

section 32.power to remove difficulties of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty: provided that no such order shall be made after the expiry of a period of two years from the date on which the ordinance was promulgated.

section 30. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the central government may by notification, direct that all or any of the powers exercisable by it under this act, other than the powers conferred by this section and sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification. 2 whenever any delegation of power is made under subsection 1, the person to whom such power has been delegated shall act under the direction, control and supervision of the central government.

section 31. of the swadeshi cotton mills company limited acquisition and transfer of undertakings act : 1 the central government may, by notification, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the time within which, and the manner in which, an intimation referred to in subsection 4 of section 4 shall be given b the manner in which the moneys in any provident fund or other fund, referred to in subsection 2 of section 13 shall be dealt with c any other matter which is required to be, or may be, prescribed. 3 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 8. of the special protection group act : no member of the group shall be at liberty a to resign his appointment during the terms of his engagement or b to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

section 1. of the special protection group act : 1 this act may be called the special protection group act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st august, , vide notification no. s.o. 735e, dated 1st august, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the special protection group act : in this act, unless the context otherwise requires, a active duty in relation to a member of the group means any duty as such member during the period when he is posted to physically protect the prime minister of india and the members of 1 his immediate family or a former prime minister and the members of his immediate family, wherever he or they may be b director means the director of the group appointed under subsection 1 of section 5 c group means the special protection group constituted under section 4 d member of the group means a person who has been appointed to the group by the prescribed authority whether before or after the commencement of this act e members of immediate family means wife, husband, children and parents f prescribed means prescribed by rules made under this act g proximate security means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his immediate family h all words and expressions used and not defined in this act but defined in the indian penal code 45 of shall have the meanings respectively assigned to them in that code. 1. subs. by act 48 of , s. 3, for his immediate family w.e.f. .

section 7. of the special protection group act : every member of the group, not on leave or under suspension, shall, for all purposes of this act, be always on active duty and may at any time be employed or deployed in any manner which is consistent with the duties and responsibilities of the group under this act.

section 3. of the special protection group act : every member of the group shall be subject to this act, wherever he may be.

section 5. of the special protection group act : 1 the general superintendence, direction and control of the group shall vest in, and be exercised by, the central government and subject thereto and to the provisions of this act and the rules, the command and supervision of the group shall vest in an officer to be appointed by the central government as the director of the group. 2 the director shall, in the discharge of his duties under this act, be assisted by such number of 1inspectors general, deputy inspectors general, assistant inspectors general and other officers as may be appointed by the central government. 1. subs. by act 20 of , s. 3, for deputy directors, assistant directors, joint assistant directors w.e.f. .

section 10. of the special protection group act : 1 no member of the group shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any society, institution, association or organisation that is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b or whether any book, letter or document is a communication or publication in the bona fide discharge of his duties or is a purely literary, artistic or scientific character or is of a prescribed nature under clause c, the decision of the central government thereon shall be final. 2 no member of the group shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 11. of the special protection group act : the prescribed authority may, by order in writing, terminate the appointment of any member of the group in the public interest and such termination shall be deemed to be discharged simpliciter and shall not amount to dismissal or removal.

section 4. of the special protection group act : 11 there shall be an armed force of the union called the special protection group for providing proximate security to, a the prime minister and members of his immediate family residing with him at his official residence and b any former prime minister and such members of his immediate family as are residing with him at the residence allotted to him, for a period of five years from the date he ceases to hold the office of prime minister. 1a notwithstanding anything contained in subsection 1, a any former prime minister or any member of the immediate family of the prime minister or of a former prime minister may decline proximate security 2b where the proximate security is withdrawn from a former prime minister, such proximate security shall also stand withdrawn from members of immediate family of such former prime minister: provided that where the level of threat faced by any member of the immediate family of a former prime minister warrants proximate security or any other security, such security shall be provided to that member. 2 subject to the provisions of this act, the group shall be constituted in such manner as may be prescribed and the terms and conditions of service of the members of the group shall be such as may be prescribed. 3 notwithstanding anything contained in this section, any person or any member of any other armed force of the union may be appointed to the group by the central government by a general or special order and for such period as may be specified in such order, and the person so appointed shall, during the period of his appointment, be deemed to be a member of the group, and the provisions of this act shall, so far as may be, apply to such person or member. 1. subs. by act 44 of , s. 2, for subsection 1 w.e.f. . 2. subs. by s. 2, for clause b, ibid w.e.f. .

section 13. of the special protection group act : the central government may, by general or special order published in the official gazette, direct that, subject to such conditions and limitations as may be specified in that order, any member of the group may exercise or discharge such powers or duties as may be specified in the said order for giving effect to the provisions of this act.

section 6. of the special protection group act : every member of the group shall be liable to serve in any part of india as well as outside india.

section 9. of the special protection group act : every member of the group shall hold office during the pleasure of the president.

section 16. of the special protection group act : 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which the group shall be constituted and the terms and conditions of service of its members under subsection 2 of section 4 b the authorities to be prescribed under section 8, subsection 1 of section 10 and section 11 c the nature of the communication or publication under clause c of subsection 1 of section 10 d the purposes, other than political purposes, for which a person subject to this act shall not participate in, or address, any meeting or take part in any demonstration under subsection 2 of section 10 e the persons who shall be members of the board under subsection 2 of section 12 f any other matter which has to be, or may be, prescribed.

section 18. of the special protection group act : 1 the special protection group in existence at the commencement of this act shall be deemed to be the group constituted under this act. 2 the members of the special protection group in existence at the commencement of this act shall be deemed to have been appointed as such under this act. 3 anything done or any action taken before the commencement of this act in relation to the constitution of the special protection group referred to in subsection 1 and in relation to any person appointed, shall be as valid and as effective in law as if such thing or action was done or taken under this act.

section 12. of the special protection group act : 1 any member of the group aggrieved by an order under section 11 may, within thirty days from the date of such order, prefer an appeal to a board to be constituted by the central government. 2 the board shall consist of such persons as may be prescribed. 3 the decision of the board shall be final and shall not be called in question in any court or tribunal. 4 the board shall have power to regulate its own procedure.

section 17. of the special protection group act : every order issued under section 13 and every rule made under section 16 shall be laid, as soon as may be after it is issued or made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or the rule or both houses agree that the order or rule should not be made, the order or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order or rule.

section 15. of the special protection group act : no suit, prosecution or other legal proceeding shall lie against the group or any member thereof on whom powers have been conferred or duties have been imposed under this act, or any order issued or any rule made thereunder for anything which is in good faith done or purported to be done or omitted to be done in pursuance of this act or any order issued or any rule made thereunder or any order issued under any such rule.

section 14. of the special protection group act : it shall be the duty of every ministry and department of the central government or the state government or the union territory administration, every indian mission, every local or other authority or every civil or military authority to act in aid of the director or any member of the group whenever called upon to do so in furtherance of the duties and responsibilities assigned to such director or member.

section 8. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : show related subordinates 1 if the appropriate government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that government may a make a report in writing of the fact to a metropolitan magistrate or a magistrate of the first class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of sections 82, 83, 84 and 85 of the code of criminal procedure, 2 of shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the magistrate b by order notified in the official gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. 2 notwithstanding anything contained in the code of criminal procedure, 2 of , every offence under clause b of sub section 1 shall be cognizable.

The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

section 1. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : 1 this act may be called the prevention of illicit traffic in narcotic drugs and psychotropic substances act, . 2 it extends to the whole of india except the state of jammu and kashmir. 3 it shall be deemed to have come into force on the 4th day of july, . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 6. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : where a person has been detained in pursuance of an order of detention under subsection 1 of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly a such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are i vague, ii nonexistent, iii not relevant, iv not connected or not proximately connected with such person, or v invalid for any other reason whatsoever, and it is not therefore possible to hold that the government or officer making such order would have been satisfied as provided in subsection 1 of section 3 with reference to the remaining ground or grounds and made the order of detention b the government or officer making the order of detention shall be deemed to have made the order of detention under the said subsection 1 after being satisfied as provided in that subsection with reference to the remaining ground or grounds.

section 7. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : no detention order shall be invalid or inoperative merely by reason a that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the government or the officer making the order of detention or b that the place of detention of such person is outside the said limits.

section 3. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : show related subordinates 1 the central government or a state government, or any officer of the central government, not below the rank of a joint secretary to that government, specially empowered for the purposes of this section by that government, or any officer of a state government, not below the rank of a secretary to that government, specially empowered for the purposes of this section by that government, may, if satisfied, with respect to any person including a foreigner that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained. 2 when any order of detention is made by a state government or by an officer empowered by a state government, the state government shall, within ten days, forward to the central government a report in respect of the order. 3 for the purposes of clause 5 of article 22 of the constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing not later than fifteen days, from the date of detention.

section 9. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : show related subordinates for the purposes of subclause a of clause 4 and subclause c of clause 7 of article 22 of the constitution, a the central government and each state government shall, whenever necessary, constitute one or more advisory boards each of which shall consist of a chairman and two other persons possessing the qualifications specified in subclause a of clause 4 of article 22 of the constitution b save as otherwise provided in section 10, the appropriate government shall, within five weeks from the date of detention of a person under a detention order, make a reference in respect thereof to the advisory board constituted under clause a to enable the advisory board to make the report under subclause a of clause 4 of article 22 of the constitution c the advisory board to which a reference is made under clause b shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate government or from any person called for the purpose through the appropriate government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned d when there is a difference of opinion among the members forming the advisory board, the opinion of the majority of such members shall be deemed to be the opinion of the board e a person against whom an order of detention has been made under this act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the advisory board and the proceedings of the advisory board and its report, excepting that part of the report in which the opinion of the advisory board is specified, shall be confidential f in every case where the advisory board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the advisory board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate government shall revoke the detention order and cause the person to be released forthwith.

section 4. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : a detention order may be executed at any place in india in the manner provided for the execution of warrants of arrest under the code of criminal procedure, 2 of .

section 2. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : in this act, unless the context otherwise requires, a appropriate government means, as respects a detention order made by the central government or by an officer of the central government, or a person detained under such order, the central government, and as respects a detention order made by a state government or by an officer of a state government, or a person detained under such order, the state government b customs airport means any airport appointed under clause a of section 7 of the customs act, 52 of to be a customs airport c detention order means an order made under section 3 d foreigner has the same meaning as in the foreigners act, 31 of e illicit traffic, in relation to narcotic drugs and psychotropic substances, means i cultivating any coca plant or gathering any portion of coca plant ii cultivating the opium poppy or any cannabis plant iii engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import interstate, export interstate, import into india, export from india or transhipment, of narcotic drugs or psychotropic substances iv dealing in any activities in narcotic drugs or psychotropic substances other than those provided in subclauses i to iii or v handling or letting any premises for the carrying on of any of the activities referred to in subclauses i to iv, other than those permitted under the narcotic drugs and psychotropic substances act, 61 of , or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder and includes 1 financing, directly or indirectly, any of the aforementioned activities 2 abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities and 3 harbouring persons engaged in any of the aforementioned activities f indian customs waters has the same meaning as in clause 28 of section 2 of the customs act, 52 of g state government, in relation to a union territory, means the administrator thereof h words and expressions used herein but not defined, and defined in the narcotic drugs and psychotropic substances act, 61 of , have the meanings respectively assigned to them in that act.

section 10. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : 1 notwithstanding anything contained in this act, any person including a foreigner in respect of whom an order of detention is made under this act at any time before the 1 31st day of july, may be detained without obtaining, in accordance with the provisions of subclause a of clause 4 of article 22 of the constitution, the opinion of an advisory board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, and the central government or any officer of the central government, not below the rank of an additional secretary to that government, specially empowered for the purposes of this section by that government, is satisfied that such person engages or is likely to engage in illicit traffic in narcotic drugs and psychotropic substances into, out of, through or within any area highly vulnerable to such illicit traffic and makes a declaration to that effect within five weeks of the detention of such person. explanation1.in this subsection, area highly vulnerable to such illicit traffic means i the india customs waters ii the customs airports iii the metropolitan cities of bombay, calcutta, delhi, madras and the city of varanasi iv the inland area one hundred kilo metres in width from the coast of india falling within the territories of the states of andhra pradesh, goa, gujarat, karnataka, kerala, maharashtra, orissa, tamil nadu and west bengal and the union territories of daman and diu and pondicherry v the inland area one hundred kilo metres in width from a the indiapakistan border in the states of gujarat, punjab and rajasthan b the indianepal border in the states of bihar, sikkim, uttar pradesh and west bengal c the indiaburma border in the states of arunachal pradesh, manipur, mizoram and nagaland d the indiabangladesh border in the states of assam, meghalaya, tripura and west bengal e the indiabhutan border in the states of arunachal pradesh, assam, sikkim and west bengal vi such other area or customs station, as the central government may, having regard to the vulnerability of such area or customs station, as the case may be, to illicit traffic, by notification in the official gazette, specify in this behalf. explanation 2.for the purposes of explanation 1, customs station has the same meaning as in clause 13 of section 2 of the customs act, 52 of . 2 in the case of any person detained under a detention order to which the provisions of subsection 1 apply, section 9 shall have effect subject to the following modifications, namely: i in clause b, for the words shall, within five weeks, the words shall, within four months and two weeks shall be substituted ii in clause c, a for the words the detention of the person concerned, the words the continued detention of the person concerned shall be substituted b for the words eleven weeks, the words five months and three weeks shall be substituted iii in clause f, for the words for the detention, at both the places where they occur, the words for the continued detention shall be substituted. 1. subs. by act 16 of , s. 2, for 31st day of july, w.e.f. .

section 5. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : every person in respect of whom a detention order has been made shall be liable a to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate government may, by general or special order, specify and b to be removed from one place of detention to another place of detention, whether within the same state or in another state by order of the appropriate government: provided that no order shall be made by a state government under clause b for the removal of a person from one state to another state except with the consent of the government of that other state.

section 11. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 do not apply and which has been confirmed under clause f of section 9 shall be one year from the date of detention, and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 10 apply and which has been confirmed under clause f of section 9, read with subsection 2 of section 10, shall be two years from the date of detention: provided that nothing contained in this section shall affect the power of appropriate government in either case to revoke or modify the detention order at any earlier time.

section 16.repeal and saving of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : 1 the prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance, ord. 7 of , is hereby repealed. 2 notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 12.revocation of detention orders of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : 1 without prejudice to the provisions of section 21 of the general clauses act, 10 of , a detention order may, at any time, be revoked or modified a notwithstanding that the order has been made by an officer of a state government, by that state government or by the central government b notwithstanding that the order has been made by an officer of the central government or by a state government, by the central government. 2 the revocation of a detention order shall not bar the making of another detention order under section 3 against the same person.

section 13.temporary release of persons detaine of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : 1 the central government may, at any time, direct that any person detained in pursuance of a detention order made by that government or by an officer subordinate to that government or by a state government or by an officer subordinate to a state government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. 2 a state government may, at any time, direct that any person detained in pursuance of a detention order made by that government or by an officer subordinate to that government may be released for any specified period either without conditions or upon such conditions specified in the direction as the person accepts, and may, at any time, cancel his release. 3 in directing the release of any person under subsection 1 or subsection 2, the government directing the release may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction. 4 any person released under subsection 1 or subsection 2 shall surrender himself at the time and place, and to the authority, specified in the order directing his release, or cancelling his release, as the case may be. 5 if any person fails without sufficient cause to surrender himself in the manner specified in subsection 4, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. 6 if any person released under subsection 1 or subsection 2 fails to fulfil any of the conditions imposed upon him under the said subsection or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof. 7 notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this act is in force shall be released whether on bail or bail bond or otherwise.

section 14.protection of action taken in good faith of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : no suit or other legal proceeding shall lie against the central government or a state government and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this act.

section 15. of the prevention of illicit traffic in narcotic drugs and psychotropic substances act : amendment of act 52 of . rep. by the repealing and amending act, 30 of , s. 2 and the first schedule w.e.f..

section 7., not to allow emission or discharge of environmental pollutants in excess of the standards. of the environment protection act : no person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess or such standards as may be prescribed.

section 1. of the environment protection act : show related subordinates 1 this act may be called the environment protection act, . 2 it extends to the whole of india. 3 it shall come into force on such date 1 as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act and for different areas. 1 . 19th november, , vide notification no. g.s.r. e, dated 12th november, , see gazette of india, extraordinary, part ii, sec. 3i.

section 2. of the environment protection act : in this act, unless the context otherwise requires, a environment includes water, air and land and the interrelationship which exists among and between water, air and land, and human beings, other living creatures, plants, microorganism and property b environmental pollutant means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment c environmental pollution means the presence in the environment of any environmental pollutant d handling, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance e hazardous substance means any substance or preparation which, by reason of its chemical or physicochemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, microorganism, property or the environment f occupier, in relation to any factory or premises, means a person who has control over the affairs of the factory or the premises and includes, in relation to any substance, the person in possession of the substance g prescribed means prescribed by rules made under this act.

section 6. of the environment protection act : show related subordinates 1 the central government may, by notification in the official gazette, make rules in respect of all or any of the matters referred to in section 3. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the standards of quality of air, water or soil for various areas and purposes b the maximum allowable limits of concentration of various environmental pollutants including noise for different areas c the procedures and safeguards for the handling of hazardous substances d the prohibition and restrictions on the handling of hazardous substances in different areas e the prohibition and restrictions on the location of industries and the carrying on of processes and operations in different areas f the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.

section 3. of the environment protection act : show related subordinates 1 subject to the provisions of this act, the central government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. 2 in particular, and without prejudice to the generality of the provisions of subsection 1, such measures may include measures with respect to all or any of the following matters, namely: i coordination of actions by the state governments, officers and other authorities a under this act, or the rules made thereunder or b under any other law for the time being in force which is relatable to the objects of this act ii planning and execution of a nationwide programme for the prevention, control and abatement of environmental pollution iii laying down standards for the quality of environment in its various aspects iv laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources v restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards vi laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents vii laying down procedures and safeguards for the handling of hazardous substances viii examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution ix carrying out and sponsoring investigations and research relating to problems of environmental pollution x inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution xi establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this act xii collection and dissemination of information in respect of matters relating to environmental pollution xiii preparation of manuals, codes or guides relating to the prevention, control and abatement of environmental pollution xiv such other matters as the central government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this act. 3 the central government may, if it considers it necessary or expedient so to do for the purposes of this act, by order, published in the official gazette, constitute an authority or authorities by such name or names as may be specified in the order for the purpose of exercising and performing such of the powers and functions including the power to issue directions under section 5 of the central government under this act and for taking measures with respect to such of the matters referred to in subsection 2 as may be mentioned in the order and subject to the supervision and control of the central government and the provisions of such order, such authority or authorities may exercise the powers or perform the functions or take the measures so mentioned in the order as if such authority or authorities had been empowered by this act to exercise those powers or perform those functions or take such measures.

section 9. of the environment protection act : 1 where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith a intimate the fact of such occurrence or apprehension of such occurrence and b be bound, if called upon, to render all assistance, to such authorities or agencies as may be prescribed. 2 on receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in subsection 1, whether through intimation under that subsection or otherwise, the authorities or agencies referred to in subsection 1 shall, as early as practicable, cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. 3 the expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in subsection 2, together with interest at such reasonable rate as the government may, by order, fix from the date when a demand for the expenses is made until it is paid, may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

section 4. of the environment protection act : 1 without prejudice to the provisions of subsection 3 of section 3, the central government may appoint officers with such designations as it thinks fit for the purposes of this act and may entrust to them such of the powers and functions under this act as it may deem fit. 2 the officers appointed under subsection 1 shall be subject to the general control and direction of the central government or, if so directed by that government, also of the authority or authorities, if any, constituted under subsection 3 of section 3 or of any other authority or officer.

section 5. of the environment protection act : show related subordinates notwithstanding anything contained in any other law but subject to the provisions of this act, the central government may, in the exercise of its powers and performance of its functions under this act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. explanation.for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct a the closure, prohibition or regulation of any industry, operation or process or b stoppage or regulation of the supply of electricity or water or any other service.

section 10. of the environment protection act : 1 subject to the provisions of this section, any person empowered by the central government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place a for the purpose of performing any of the functions of the central government entrusted to him b for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this act or the rules made thereunder or any notice, order, direction or authorisation served, made, given or granted under this act is being or has been complied with c for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder or that such seizure is necessary to prevent or mitigate environmental pollution. 2 every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the central government under subsection 1 for carrying out the functions under that subsection and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this act. 3 if any person wilfully delays or obstructs any person empowered by the central government under subsection 1 in the performance of his functions, he shall be guilty of an offence under this act. 4 the provisions of the code of criminal procedure, 2 of , or, in relation to the state of jammu and kashmir, or any area in which that code is not in force, the provisions of any corresponding law in force in that state or area shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code or, as the case may be, under the corresponding provision of the said law. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 5a. of the environment protection act : 1 5a. appeal to national green tribunal.any person aggrieved by any directions issues under section 5, on or after the commencement of the national green tribunal act, , may file an appeal to the national green tribunal established under section 3 of the national green tribunal act, , in accordance with the provisions of that act. 1. ins. by act 19 of , s. 36 and schedule iii w.e.f. .

section 8. of the environment protection act : show related subordinates no person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.

section 15. of the environment protection act : 1 whoever fails to comply with or contravenes any of the provisions of this act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. 2 if the failure or contravention referred to in subsection 1 continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.

section 11. of the environment protection act : 1 the central government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed. 2 the result of any analysis of a sample taken under subsection 1 shall not be admissible in evidence in any legal proceeding unless the provisions of subsections 3 and 4 are complied with. 3 subject to the provisions of subsection 4, the person taking the sample under subsection 1 shall, a serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed b in the presence of the occupier or his agent or person, collect a sample for analysis c cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person d send without delay, the container or the containers to the laboratory established or recognised by the central government under section 12. 4 when a sample is taken for analysis under subsection 1 and the person taking the sample serves on the occupier or his agent or person, a notice under clause a of subsection 3, then, a in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and b in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause c of subsection 3, the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the government analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.

section 17. of the environment protection act : 1 where an offence under this act has been committed by any department of government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a department of government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

section 12. of the environment protection act : 1 the central government may, by notification in the official gazette, a establish one or more environmental laboratories b recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this act. 2 the central government may, by notification in the official gazette, make rules specifying a the functions of the environmental laboratory b the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report c such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

section 13. of the environment protection act : the central government may, by notification in the official gazette, appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognised under subsection 1 of section 12.

section 14. of the environment protection act : any document purporting to be a report signed by a government analyst may be used as evidence of the facts stated therein in any proceeding under this act.

section 19. of the environment protection act : no court shall take cognizance of any offence under this act except on a complaint made by, a the central government or any authority or officer authorised in this behalf by that government or b any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the central government or the authority or officer authorised as aforesaid.

section 16. of the environment protection act : 1 where any offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate, and includes a firm or other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 21. of the environment protection act : all the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 18. of the environment protection act : no suit, prosecution or other legal proceeding shall lie against the government or any officer or other employee of the government or any authority constituted under this act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules made or orders or directions issued thereunder.

section 20. of the environment protection act : the central government may, in relation to its functions under this act, from time to time, require any person, officer, state government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, state government or other authority shall be bound to do so.

section 26. of the environment protection act : every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 22. of the environment protection act : no civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the central government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this act.

section 25. of the environment protection act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7 b the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or cause to be handled under section 8 c the authorities or agencies to which intimation of the fact of occurrence or apprehension of occurrence of the discharge of any environmental pollutant in excess of the prescribed standards shall be given and to whom all assistance shall be bound to be rendered under subsection 1 of section 9 d the manner in which samples of air, water, soil or other substance for the purpose of analysis shall be taken under subsection 1 of section 11 e the form in which notice of intention to have a sample analysed shall be served under clause a of subsection 3 of section 11 f the functions of the environmental laboratories, the procedure for the submission to such laboratories of samples of air, water, soil and other substances for analysis or test the form of laboratory report the fees payable for such report and other matters to enable such laboratories to carry out their functions under subsection 2 of section 12 g the qualifications of government analyst appointed or recognised for the purpose of analysis of samples of air, water, soil or other substances under section 13 h the manner in which notice of the offence and of the intention to make a complaint to the central government shall be given under clause b of section 19 i the authority or officer to whom any reports, returns, statistics accounts and other information shall be furnished under section 20 j any other matter which is required to be, or may be, prescribed.

section 24. of the environment protection act : 1 subject to the provisions of subsection 2, the provisions of this act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act. 2 where any act or omission constitutes an offence punishable under this act and also under any other act then the offender found guilty of such offence shall be liable to be punished under the other act and not under this act.

section 23. of the environment protection act : show related subordinates without prejudice to the provisions of subsection 3 of section 3, the central government may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this act except the power to constitute an authority under subsection 3 of section 3 and to make rules under section 25 as it may deem necessary or expedient, to any officer, state government or other authority. rules yeardescriptionfiles wetland rules,

section 8. of the foreign trade development and regulation act : show related subordinates 1 1 where a any person has contravened any of the provisions of this act or any rules or orders made thereunder or the foreign trade policy or any other law for the time being in force relating to central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the central government by notification in the official gazette or b the director general or any other officer authorised by him has reason to believe that any person has made an export or import in a manner prejudicial to the trade relations of india with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of, or services or technology provided from, the country or c any person who imports or exports specified goods or services or technology, in contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy, the director general or any other officer authorised by him may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the importerexporter code number and after giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the importerexporter code number granted to that person. 2 where any importerexporter code number granted to a person has been suspended or cancelled under subsection 1, that person shall not be entitled to 2 import or export any goods or services or technology except under a special licence, granted, in such manner and subject to such conditions as may be prescribed, by the director general to that person. 1 subs. by act 25 of , s. 8, for subsection 1 w.e.f.. 2 subs. by s. 8, ibid., for import or export any goods w.e.f..

section 6. of the foreign trade development and regulation act : show related subordinates 1 the central government may appoint any person to be the director general of foreign trade for the purposes of this act. 2 the director general shall advise the central government in the formulation of the 1 foreign trade policy and shall be responsible for carrying out that policy. 3 the central government may, by order published in the official gazette, direct that any power exercisable by it under this act other than the powers under sections 3, 5, 15,16 and 19 may also be exercised, in such cases and subject to such conditions, by the director general or such other officer subordinate to the director general, as may be specified in the order. 1 subs. by s. 6, ibid., for export and import policy w.e.f..

section 5. of the foreign trade development and regulation act : show related subordinates 1 5. foreign trade policy. the central government may, from time to time, formulate and announce, by notification in the official gazette, the foreign trade policy and may also, inlike manner, amend that policy: provided that the central government may direct that, in respect of the special economic zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the official gazette. 1 subs. by s. 5,ibid., for section 5 w.e.f..

section 2. of the foreign trade development and regulation act : show related subordinates in this act, unless the context otherwise requires, a adjudicating authority means the authority specified in, or under, section 13 b appellate authority means the authority specified in, or under, subsection 1 of section 15 c conveyance means any vehicle, vessel, aircraft or any other means of transport including any animal d director general means the director general of foreign trade appointed under section 6 1 e import and export means, i in relation to goods, bringing into, or taking out of, india any goods by land, sea or air ii in relation to services or technology, i supplying, services or technology a from the territory of another country into the territory of india b in the territory of another country to an indian service consumer c by a service supplier of another country, through commercial presence in india d by a service supplier of another country, through presence of their natural persons in india ii supplying, services or technology a from india into the territory of any other country b in india to the service consumer of any other country c by a service supplier of india, through commercial presence in the territory of any other country d by a service supplier of india, through presence of indian natural persons in the territory of any other country: provided that import and export in relation to the goods, services and technology regarding special economic zone or between two special economic zones shall be governed in accordance with the provisions contained in the special economic zones act, 28 of . f importerexporter code number means the code number granted under section 7 g licence means a licence to import or export and includes a customs clearance permit and any other permission issued or granted under this act h order means any order made by the central government under section 3 and i prescribed means prescribed by rules made under this act. 2 j services means service of any description which is made available to potential users and includes all the tradable services specified under the general agreement on trade in services entered into amongst india and other countries who are party to the said agreement: provided that, this definition shall not apply to the domain of taxation k service supplier means any person who supplies a service and who intends to take benefit under the foreign trade policy l specified goods or services or technology means the goods or services or technology, the export, import, transfer, retransfer, transit and transshipment of which is prohibited or restricted because of imposition of conditions on the grounds of their being pertinent or relevant to india as a nuclear weapon state, or to the national security of india, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, covenant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which india is a party or its agreement with a foreign country under the foreign trade policy formulated and notified under section 5 of the act m technology means any information including information embodied in software, other than information in the public domain, that is capable of being used in i the development, production or use of any goods or software ii the development of, or the carrying out of, an industrial or commercial activity or the provision of service of any kind. explanation.for the purpose of this clause a when technology is described wholly or partly by reference to the uses to which it or the goods to which it relates may be put, it shall include services which are provided or used, or which are capable of being used in the development, production or use of such technology or goods b public domain shall have the same meaning as assigned to it in clause i of section 4 of the weapons of mass destruction and their delivery system prohibition of unlawful activities act, 21 of . 1 subs. by act 25 of , s. 2, for clause e w.e.f.. 2 ins. by act 25 of , s. 2 w.e.f..

section 7. of the foreign trade development and regulation act : show related subordinates no person shall make any import or export except under an importerexporter code number granted by the director general or the officer authorised by the director general in this behalf, in accordance with the procedure specified in this behalf by the director general: 1 provided that in case of import or export of services or technology, the importerexporter code number shall be necessary only when the service or technology provider is taking benefits under the foreign trade policy or is dealing with specified services or specified technologies. 1 ins. by s. 7, ibid. w.e.f..

section 9. of the foreign trade development and regulation act : show related subordinates 1 the central government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits of in respect of any 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted or renewed in such manner as may be prescribed. 2 2 the director general or an officer authorised by him may, on an application and after making such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and, grant or renew or refuse to grant or renew a certificate, scrip or any instrument bestowing financial or fiscal benefit, after recording in writing his reasons for such refusal. 3 a 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted or renewed under this section shall a be in such form as may be prescribed b be valid for such period as may be specified therein and c be subject to such terms, conditions and restrictions as may be prescribed or as specified in the 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits with reference to the terms, conditions and restrictions so prescribed. 4 the director general or the officer authorised under subsection 2 may, subject to such conditions as may be prescribed, for good and sufficient reasons, to be recorded in writing, suspend or cancel any 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted under this act: provided that no such suspension or cancellation shall be made except after giving the holder of the 3 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits a reasonable opportunity of being heard. 5 an appeal against an order refusing to grant, or renew or suspending or cancelling, a 3 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits shall lie in like manner as an appeal against an order would lie under section 15. 1 subs. by s. 9, ibid., for licence w.e.f.. 2 subs. by s. 9, ibid., for subsection 2 w.e.f.. 3 subs. by act 25 of , s. 9, for licence w.e.f..

section 1. of the foreign trade development and regulation act : 1 this act may be called the foreign trade development and regulation act, . 2 sections 11 to 14 shall come into force at once and the remaining provisions of this act shall be deemed to have come into force on the 19th day of june, .

section 4. of the foreign trade development and regulation act : all orders made under the imports and exports control act, 18 of , and in force immediately before the commencement of this act shall, so far as they are not inconsistent with the provisions of this act, continue to be in force and shall be deemed to have been made under this act.

section 9a. of the foreign trade development and regulation act : show related subordinates 19a. power of central government to impose quantitative restrictions. 1 if the central government, after conducting such enquiry as it deems fit, is satisfied that any goods are imported into india in such increased quantities and under such conditions as to cause or threaten to cause serious injury to domestic industry, it may, by notification in the official gazette, impose such quantitative restrictions on the import of such goods as it may deem fit: provided that no such quantitative restrictions shall be imposed on any goods originating from a developing country so long as the share of imports of such goods from that country does not exceed three per cent. or where such goods originate from more than one developing country, then, so long as the aggregate of the imports from all such countries taken together does not exceed nine per cent. of the total imports of such goods into india. 2 the quantitative restrictions imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition: provided that if the central government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the quantitative restrictions should continue to be imposed to prevent such injury or threat and to facilitate the adjustments, it may extend the said period beyond four years: provided further that in no case the quantitative restrictions shall continue to be imposed beyond a period of ten years from the date on which such restrictions were first imposed. 3 the central government may, by rules provide for the manner in which goods, the import of which shall be subject to quantitative restrictions under this section, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined. 4 for the purposes of this section a developing country means a country notified by the central government in the official gazette, in this regard b domestic industry means the producers of goods including producers of agricultural goods i as a whole of the like goods or directly competitive goods in india or ii whose collective output of the like goods or directly competitive goods in india constitutes a major share of the total production of the said goods in india c serious injury means an injury causing significant overall impairment in the position of a domestic industry d threat of serious injury means a clear and imminent danger of serious injury. 1 ns. by s. 10, ibid. w.e.f..

section 11. of the foreign trade development and regulation act : show related subordinates 1 11. contravention of provisions of this act, rules, orders and foreign trade policy. 1 no export or import shall be made by any person except in accordance with the provisions of this act, the rules and orders made thereunder and the foreign trade policy for the time being in force. 2 where any person makes or abets or attempts to make any export or import in contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy, he shall be liable to a penalty of not less than ten thousand rupees and not more than five times the value of the goods or services or technology in respect of which any contravention is made or attempted to be made, whichever is more. 3 where any person signs or uses, or causes to be made, signed or used, any declaration, statement or document submitted to the director general or any officer authorised by him under this act, knowing or having reason to believe that such declaration, statement or document is forged or tampered with or false in any material particular, he shall be liable to a penalty of not less than ten thousand rupees or more than five times the value of the goods or services or technology in respect of which such declaration, statement or document had been submitted, whichever is more. 4 where any person, on a notice to him by the adjudicating authority, admits any contravention, the adjudicating authority may, in such class or classes or cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by that person. 5 a penalty imposed under this act may, if it is not paid by any person, be recovered by any one or more of the following modes, namely: a the director general may deduct or require any officer subordinate to him to deduct the amount payable under this act from any money owing to such person which may be under the control of such officer or b the director general may require any officer of customs to deduct the amount payable under this act from any money owing to such person which may be under the control of such officer of customs, as if the said amount is payable under the customs act, 52 of or c the director general may require the assistant commissioner of customs or deputy commissioner of customs or any other officer of customs to recover the amount so payable by detaining or selling any goods including the goods connected with services or technology belonging to such person which are under the control of the assistant commissioner of customs or deputy commissioner or customs or any other officer of customs, as if the said amount is payable under the customs act, 52 of or d if the amount cannot be recovered from such person in the manner provided in clauses a, b and c, i the director general or any officer authorised by him may prepare a certificate signed by him specifying the amount due from such person and send it to the collector of the district in which such person owns any property or resides or carries on business and the said collector on receipt of such certificate shall proceed to recover from such person the amount specified thereunder as if it were an arrear of land revenue or ii the director general or any officer authorised by him including an officer of customs who shall then exercise his powers under the customs act, 52 of and in accordance with the rules made in this behalf, detain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid, as if the said amount is payable under the customs act, and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains unpaid for a period of thirty days next after any such distress, may cause the said property to be sold and with the proceeds of such sale, may satisfy the amount payable and costs including cost of sale remaining unpaid and shall render the surplus, if any to such person. 6 where the terms of any bond or other instrument executed under this act or any rules made thereunder provide that any amount due under such instrument may be recovered in the manner laid down in subsection 5, the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that subsection. 7 without prejudice to the provisions contained in this section, the importerexporter code number of any person who fails to pay any penalty imposed under this act, may be suspended by the adjudicating authority till the penalty is paid or recovered, as the case may be. 8 where any contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy has been, is being, or is attempted to be, made, the goods including the goods connected with services or technology together with any package, covering or receptacle and any conveyances shall, subject to such conditions and requirement as may be prescribed, be liable to confiscation by the adjudicating authority. 9 the goods including the goods connected with services or technology or the conveyance confiscated under subsection 8 may be released by the adjudicating authority, in such manner and subject to such conditions as may be prescribed, on payment by the person concerned of the redemption charges equivalent to the market value of the goods or conveyance, as the case may be. 1 subs. by s. 12, ibid., for section 11w.e.f..

section 3. of the foreign trade development and regulation act : show related subordinates 1 powers to make provisions relating to imports and exports.1 the central government may, by order published in the official gazette, make provision for the development and regulation of foreign trade by facilitating imports and increasing exports. 2 the central government may also, by order published in the official gazette, make provision for prohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject to such exceptions, if any, as may be made by or under the order, the 2 import or export of goods or services or technology: 3 provided that the provisions of this subsection shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefits under the foreign trade policy or is dealing with specified services or specified technologies. 3 all goods to which any order under subsection 2 applies shall be deemed to be goods the import or export of which has been prohibited under section 11 of the customs act, 52 of and all the provisions of that act shall have effect accordingly. 3 4 without prejudice to anything contained in any other law, rule, regulation, notification or order, no permit or licence shall be necessary for import or export of any goods, nor any goods shall be prohibited for import or export except, as may be required under this act, or rules or orders made thereunder. 1. subs. by s.3, ibid., for export and import policy w.e.f.. 2. subs. by act 25 of , s. 4, for import or export of goods w.e.f.. 3. ins. by s. 4, ibid.w.e.f..

section 14. of the foreign trade development and regulation act : 14. giving of opportunity to the owner of the 1 goods including the goods connected with services or technology, etc.no order imposing a penalty or of adjudication of confiscation shall be made unless the owner of the 1 goods including the goods connected with services or technology or conveyance, or other person concerned, has been given a notice in writing a informing him of the grounds on which it is proposed to impose a penalty or to confiscate such 1 goods including the goods connected with services or technology or conveyance and b to make a representation in writing within such reasonable time as may be specified in the notice against the imposition of penalty or confiscation mentioned therein, and, if he so desires, of being heard in the matter. 1 . subs. by act 25 of , s. 14, for goods w.e.f. .

section 10. of the foreign trade development and regulation act : show related subordinates 1 1 the central government may, by notification in the official gazette, authorise any person for the purposes of exercising such powers with respect to, a entering such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the purposes of import or export and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of goods b entering such premises from which the services or technology are being provided, supplied, received, consumed or utilised and searching, inspecting and seizing of such goods, documents, things and conveyances connected with such import and export of services and technology, subject to such requirements and conditions and with the approval of such officer, as may be prescribed: provided that the provisions of clause b shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies. 2 the provisions of the code of criminal procedure, 2 of relating to searches and seizures shall, so far as may be, apply to every search and seizure made under this section. 1 . subs. by act 25 of , s. 11, for subsection 1 w.e.f..

section 11a. of the foreign trade development and regulation act : 1 11a. crediting sums realised by way of penalties in consolidated fund of india.all sums realised by way of penalties under this act shall be credited to the consolidated fund of india. 1 ins. by act 25 of , s. 13 w.e.f..

section 11b. of the foreign trade development and regulation act : 111b. empowering settlement commission for regularisation of export obligation default. settlement of customs duty and interest thereon as ordered by the settlement commission as constituted under section 32 of the central excise act, 1 of , shall be deemed to be a settlement under this act. 1. ins. by act 25 of , s. 13 w.e.f..

section 14b. of the foreign trade development and regulation act : 114b. transfer controls.1 the central government may, by notification in the official gazette, make rules in conformity with the provisions of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology. 2 no goods, services or technology notified under this chapter shall be exported, transferred, retransferred, brought in transit or transshipped except in accordance with the provisions of this act, the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of or any other relevant act. 1. ins. by s. 15, ibid. w.e.f..

section 12. of the foreign trade development and regulation act : no penalty imposed or confiscation made under this act shall prevent the imposition of any other punishment to which the person affected thereby is liable under any other law for the time being in force.

section 13. of the foreign trade development and regulation act : any penalty may be imposed or any confiscation may be adjudged under this act by the director general or, subject to such limits as may be specified, by such other officer as the central government may, by notification in the official gazette, authorise in this behalf.

section 14d. of the foreign trade development and regulation act : 114d. suspension or cancellation of a licence.the director general or an officer authorised by him may, by order, suspend or cancel a licence to import or export of specified goods or services or technology without giving the holder of the licence a reasonable opportunity of being heard but such person shall be given a reasonable opportunity of being heard within six months of such order and thereupon the director general or the officer so authorised may, if necessary, by order in writing, confirm, modify or revoke such order. 1. ins. by s. 15, ibid. w.e.f..

section 14a. of the foreign trade development and regulation act : 114a. controls on export of specified goods, services and technology. 1 in regard to controls on export of specified goods, services and technology referred to in this chapter, the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of shall apply to exports, transfers, retransfers, brought in transit, transshipment of, and brokering in specified goods, technology or services. 2 all terms, expressions or provisions of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of shall apply to the specified goods, services or technology with such exceptions, modifications and adaptations as may be specified by the central government by notification in the official gazette. 3 the central government may, by notification in the official gazette, direct that any of the provisions of this chapter a shall not apply to any goods, services or technologies, or b shall apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notification. 1 . ins. by s. 15, ibid. w.e.f..

section 14c. of the foreign trade development and regulation act : 114c. catchall controls.no person shall export any material, equipment or technology knowing that such material, equipment or technology is intended to be used in the design or manufacture of a biological weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their missile delivery systems. 1. ins. by s. 15, ibid. w.e.f..

section 14e. of the foreign trade development and regulation act : 114e. offences and penalties.1 in case of a contravention relating to specified goods, services or technologies, the penalty shall be in accordance with the provisions of the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of . 2 where any person contravenes or attempts to contravene or abets, any of the provisions of this chapter in relation to import or export of any specified goods or services or technology, he shall, without prejudice to any penalty which may be imposed on him, be punishable with imprisonment for a term stipulated in the weapons of mass destruction and their delivery systems prohibition of unlawful activities act, 21 of . 3 no court shall take cognizance of any offence punishable under this chapter without the previous sanction of the central government or any officer authorised in this behalf by the central government by general or special order. 1. ins. by s. 15, ibid. w.e.f..

section 15. of the foreign trade development and regulation act : show related subordinates 115. appeal.1 any person aggrieved by any decision or order made by the adjudicating authority under this act may prefer an appeal, a where the decision or order has been made by the director general, to the central government b where the decision or order has been made by an officer subordinate to the director general, to the director general or to any officer superior to the adjudicating authority authorised by the director general to hear the appeal, within a period of fortyfive days from the date on which the decision or order is served on such person: provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the aforesaid period, allow such appeal to be preferred within a further period of thirty days: provided further that in the case of an appeal against a decision or order imposing a penalty or redemption charges, no such appeal shall be entertained unless the amount of penalty or redemption charges has been deposited by the appellant: provided also that, where the appellate authority is of opinion that the deposit to be made will cause undue hardship to the appellant, it may, at its discretion, dispense with such deposit either unconditionally or subject to such conditions as it may impose. 2 the appellate authority may, after giving to the appellant a reasonable opportunity of being heard, if he so desires, and after making such further inquiries, if any, as it may consider necessary, make such orders as it thinks fit, confirming, modifying or reversing the decision or order appealed against, or may send back the case with such directions, as it may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary: provided that an order enhancing or imposing a penalty or redemption charges or confiscating 2 the goods including the goods connected with services or technology of a greater value shall not be made under this section unless the appellant has been given an opportunity of making a representation, and, if he so desires, of being heard in his defence. 3 the order made in appeal by the appellate authority shall be final. 1 subs. by act 25 of , s. 16, for revision w.e.f.. 2 subs. by s. 17, ibid., for goods w.e.f..

section 20. of the foreign trade development and regulation act : 1 the imports and exports control act, 18 of and the foreign trade development and regulation ordinance, ord. 11 of are hereby repealed. 2 the repeal of the imports and exports control act, 18 of shall, however, not affect, a the previous operation of the act so repealed or anything duly done or suffered thereunder or b any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed or c any penalty, confiscation or punishment incurred in respect of any contravention under the act so repealed or d any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that act had not been repealed. 3 notwithstanding the repeal of the foreign trade development and regulation ordinance, ord. 11 of , anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.

section 16. of the foreign trade development and regulation act : show related subordinates 1 16. review.the central government, in the case of any decision or order made by the director general, or the director general in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit: provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person a has, within a period of two years from the date of such decision or order, received a notice to showcause why such decision or order shall not be varied and b has been given a reasonable opportunity of making representation and, if he so desires, of being heard in his defence. 1 subs. by s. 18, ibid., for section 16 w.e.f..

section 17. of the foreign trade development and regulation act : show related subordinates 1 every authority making any adjudication or hearing any appeal or exercising any powers of 1 review under this act shall have all the powers of a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of witnesses b requiring the discovery and production of any document c requisitioning any public record or copy thereof from any court or office d receiving evidence on affidavits and e issuing commissions for the examination of witnesses or documents. 2 every authority making any adjudication or hearing any appeal or exercising any powers of 1 review under this act shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 2 of . 3 every authority making any adjudication or hearing any appeal or exercising any powers of 1 review under this act shall have the power to make such orders of an interim nature as it may think fit and may also, for sufficient cause, order the stay of operation of any decision or order. 4 clerical or arithmetical mistakes in any decision or order or errors arising therein from any accidental slip or omission may at any time be corrected by the authority by which the decision or order was made, either on its own motion or on the application of any of the parties: provided that where any correction proposed to be made under this subsection will have the effect of prejudicially affecting any person, no such correction shall be made except after giving to that person a reasonable opportunity of making a representation in the matter and no such correction shall be made after the expiry of two years from the date on which such decision or order was made. 1 . subs. by act 25 of , s. 19, for revision w.e.f..

section 18. of the foreign trade development and regulation act : show related subordinates no order made or deemed to have been made under this act shall be called in question in any court, and no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this act or any order made or deemed to have been made thereunder.

section 19. of the foreign trade development and regulation act : show related subordinates 1 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the manner in which and the conditions subject to which a special licence may be issued under subsection 2 of section 8 b the exceptions subject to which and the person or class of persons in respect of whom fees may belevied and the manner in which a 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted or renewed under subsection 1 of section 9 2 c the class or classes of goods including the goods connected with service or technology for which a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under subsection 2 of section 9 d the form in which and the terms, conditions and restrictions subject to which 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be granted under subsection 3 of section 9 e the conditions subject to which a 1 licence, certificate, scrip or any instrument bestowing financial or fiscal benefits may be suspended or cancelled under subsection 4 of section 9 3 ea the matter in which goods the import of which shall be subject to quantitative restrictions, may be identified and the manner in which the causes of serious injury or causes of threat of serious injury in relation to such goods may be determined under subsection 3 of section 9a f the premises, 4 goods including the goods connected with the service or technology, documents, things and conveyances in respect of which and the requirements and conditions subject to which power of entry, search, inspection and seizure may be exercised under subsection 1 of section10 g the class or classes of cases for which and the manner in which an amount, by way of settlement, may be determined under 5 subsection 4 of section 11 6 h the requirements and conditions subject to which goods including the goods connected with the service or technology and conveyances shall be liable to confiscation under subsection 8 of section 11 7 i the manner in which and the conditions subject to which goods including the goods connected with the service or technology and conveyances may be released on payment of redemption charges under subsection 9 of section 11 j any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. 3 every rule and every order made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or the order or both houses agree that the rule or the order should not be made, the rule or the order, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or the order. 1 subs. by act 25 of , s. 21, for licence w.e.f.. 2 subs. by s. 21, ibid., for clause c w.e.f.. 3 ins. by s.21, ibid. w.e.f.. 4 subs. by s. 21, ibid., for goods w.e.f.. 5 subs. by s. 21, ibid., for subsection 3 of section 11 w.e.f.. 6 subs. by s. 21, ibid., for clause h w.e.f.. 7 subs. by s. 21, ibid., for clause i w.e.f..

section 18a. of the foreign trade development and regulation act : 1 18a. application of other laws not barred.the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. 1 ins. by s. 20, ibid. w.e.f..

section 8. of the railway claims tribunal act : 1 the chairman, vicechairman or other member may, by notice in writing under his hand addressed to the president, resign his office: provided that the chairman, vicechairman or other member shall, unless he is permitted by the president to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest. 2 the chairman, vicechairman or any other member shall not be removed from his office except by an order made by the president on the ground of proved misbehaviour or incapacity after an inquiry made by a judge of the supreme court in which such chairman, vicechairman or other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. 3 the central government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the chairman, vicechairman or other member referred to in subsection 2.

section 1. of the railway claims tribunal act : 1 this act may be called the railway claims tribunal act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification, appoint. 1. 8th november, , vide notification no. s.o. 783e, dated 5th october, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the railway claims tribunal act : in this act, unless the context otherwise requires, a application means an application made under section 16 b appointed day means the date1 with effect from which the claims tribunal is established under section 3 c bench means a bench of the claims tribunal d chairman means the chairman of the claims tribunal e claims tribunal means the railway claims tribunal established under section 3 f judicial member means a member of the claims tribunal appointed as such under this act, and includes the chairman or vicechairman who possesses any of the qualifications specified in subsection 3 of section 5 g member means a member whether judicial or technical of the claims tribunal, and includes the chairman and vicechairman h notification means a notification published in the official gazette i prescribed means prescribed by rules j railways act means the indian railways act, 9 of k rules means rules made under this act l technical member means a member of the claims tribunal who is not a judicial member, and includes the chairman or a vicechairman who possesses any of the qualifications specified in subsection 4 of section 5 m vicechairman means a vicechairman of the claims tribunal. explanation.references to the vicechairman in this act shall be construed as references to each of the vicechairman 2n untoward incident shall have the meaning assigned to it in clause c of section 123 of the railways act, 3o words and expressions used and not defined in this act but defined in the railways act or the rules made thereunder shall have the meanings respectively assigned to them in that act or the said rules. 1. 8th november, , vide notification no. s.o. 784e, dated 5th october, , see gazette of india, extraordinary, part ii, sec. 3 ii 2. ins. by act 28 of , s. 8 w.e.f. . 3. clause n relettered as clause o thereof by s. 8, ibid. w.e.f. .

section 7. of the railway claims tribunal act : the chairman, vicechairman or other member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains, a in the case of the chairman, the age of sixtyfive years and b in the case of the vicechairman or any other member, the age of sixtytwo years, whichever is earlier.

section 4. of the railway claims tribunal act : 1 the claims tribunal shall consist of a chairman, four vicechairmen and such number of judicial members and technical members as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the claims tribunal may be exercised by benches thereof. 2 subject to the other provisions of this act, a bench shall consist of one judicial member and one technical member. 3 notwithstanding anything contained in subsection 1, the chairman a may, in addition to discharging the functions of the judicial member or the technical member of the bench to which he is appointed, discharge the functions of the judicial member or, as the case may be, the technical member, of any other bench b may transfer a vicechairman or other member from one bench to another bench c may authorise the vicechairman or the judicial member or the technical member appointed to one bench to discharge also the functions of the vicechairman or, as the case may be, the judicial member or the technical member of another bench. 4 notwithstanding anything contained in the foregoing provisions of this section, it shall be competent for the chairman or any other member authorised by the chairman in this behalf to function as a bench consisting of a single member and exercise the jurisdiction, powers and authority of the claims tribunal in respect of such classes of cases or such matters pertaining to such classes of cases as the chairman may, by general or special order, specify: provided that if at any stage of the hearing of any such case or matter, it appears to the chairman or such member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairman or, as the case may be, referred to him for transfer, to such bench as the chairman may deem fit. 5 subject to the other provisions of this act, the benches shall sit at such places as the central government may, by notification, specify.

section 5. of the railway claims tribunal act : 1 a person shall not be qualified for appointment as the chairman unless he a is, or has been, a judge of a high court or b has, for at least two years, held the office of a vicechairman. 2 a person shall not be qualified for appointment as the vicechairman unless he a is, or has been, or is qualified to be, a judge of a high court or b has been a member of the indian legal service and has held a post in grade i of that service or any higher post for at least five years or c has, for at least five years, held a civil judicial post carrying a scale of pay which is not less than that of a joint secretary to the government of india or d has, for at least five years, held a post under a railway administration carrying a scale of pay which is not less than that of a joint secretary to the government of india and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways or e has, for a period of not less than three years, held office as a judicial member or a technical member. 3 a person shall not be qualified for appointment as a judicial member unless he a is, or has been, or is qualified to be, a judge of a high court or b has been a member of the indian legal service and has held a post in grade i of that service for at least three years or c has, for at least three years, held a civil judicial post carrying a scale of pay which is not less than that of a joint secretary to the government of india. 4 a person shall not be qualified for appointment as a technical member unless he has, for at least three years, held a post under a railway administration carrying a scale of pay which is not less than that of a joint secretary to the government of india and has adequate knowledge of rules and procedure of, and experience in, claims and commercial matters relating to railways. 5 subject to the provisions of subsection 6, the chairman, vicechairman and every other member shall be appointed by the president. 6 no appointment of a person as the chairman shall be made except after consultation with the chief justice of india.

section 6. of the railway claims tribunal act : show related subordinates 1 in the event of the occurrence of any vacancy in the office of the chairman by reason of his death, resignation or otherwise, such one of the vicechairman as the central government may, by notification, authorise in this behalf, shall act as the chairman until the date on which a new chairman, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office. 2 when the chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the vicechairmen as the central government may, by notification, authorise in this behalf,shall discharge the functions of the chairman until the date on which the chairman resumes his duties.

section 11. of the railway claims tribunal act : the chairman shall exercise such financial and administrative powers over the benches as may be vested in him under the rules: provided that the chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the vicechairman or any other officer of the claims tribunal, subject to the condition that the vicechairman or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the chairman.

section 3. of the railway claims tribunal act : the central government shall, by notification, establish a claims tribunal, to be known as the railway claims tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this act 1 and under chapter vii of the railways act, 24 of . 1. ins. by act 7 of , s. 162 w.e.f. .

section 9. of the railway claims tribunal act : the salaries and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairman, vicechairman and other members shall be such as may be prescribed: provided that neither the salary and allowances nor the other terms and conditions of service of the chairman, vicechairman or other members shall be varied to his disadvantage after his appointment.

section 15. of the railway claims tribunal act : on and from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in 1 subsections 1, 1a and 1b of section 13. 1. subs by act 7 of , s. 162, for subsections 1 and 1a w.e.f. .

section 9a.qualifications, terms and conditions of service of chairman, vicechairman and member of the railway claims tribunal act : 19a. qualifications, terms and conditions of service of chairman, vicechairman and member.notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the chairman, vicechairman and other members of the tribunal appointed after the commencement of 2the tribunals reforms act, , shall be governed by the provisions of chapter ii of the said act: provided that the chairman, vicechairman and members appointed before the commencement of part xiv of chapter vi of the finance act, , shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, , had not come into force. 1. ins. by act 7 of , s. 162 w.e.f. . 2. subs. by act 33 of , s. 16, for part xiv of chapter vi of the finance act, , shall be governed by the provisions of section 184 of that act w.e.f. .

section 16. of the railway claims tribunal act : 1 a person seeking any relief in respect of the matters referred to in subsection 1 1or subsection 1a of section 13 may make an application to the claims tribunal. 2 every application under subsection 1 shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed: provided that no such fee shall be payable in respect of an application under subclause ii of clause a of subsection 1 2or, as the case may be, subsection 1a of section 13. 1. ins. by s. 11, ibid. w.e.f. . 2. ins. by act 28 of , s.11 w.e.f. .

section 10., on ceasing to be such chairman or vicechairman, etc. of the railway claims tribunal act : on ceasing to hold office a the chairman of the claims tribunal shall be ineligible for further employment either under the government of india or under the government of a state b a vicechairman shall, subject to the other provisions of this act, be eligible for appointment as the chairman of the claims tribunal, or as the chairman, vicechairman or member of any other tribunal established under any law for the time being in force, but not for any other employment either under the government of india or under the government of a state c a member other than the chairman or vicechairman shall, subject to the other provisions of this act, be eligible for appointment as the chairman or vicechairman or as the chairman, vicechairman or member of any other tribunal established under any law for the time being in force, but not for any other employment either under the government of india or under the government of a state d the chairman, vicechairman or other member shall not appear, act or plead before the claims tribunal. explanation.for the purposes of this section, employment under the government of india or under the government of a state includes employment under any local or other authority within the territory of india or under the control of the government of india or under any corporation or society owned or controlled by the government.

section 17. of the railway claims tribunal act : 1 the claims tribunal shall not admit an application for any claim a under subclause i of clause a of subsection 1 of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway b under subclause ii of clause a of subsection 1 1 or, as the case may be, subsection 1a of section 13 unless the application is made within one year of occurrence of the accident c under clause b of subsection 1 of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration: provided that no application for any claim referred to in subclause i of clause a of subsection 1 of section 13 shall be preferred to the claims tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under section 78b of the railways act. 2 notwithstanding anything contained in subsection 1, an application may be entertained after the period specified in subsection 1 if the applicant satisfies the claims tribunal that he had sufficient cause for not making the application within such period. 1. ins. by s. 12, ibid. w.e.f. .

section 12. of the railway claims tribunal act : show related subordinates 1 the central government shall determine the nature and categories of the officers and other employees required to assist the claims tribunal in the discharge of its functions and provide the claims tribunal with such officers and other employees as it may think fit. 2 the officers and other employees of the claims tribunal shall discharge their functions under the general superintendence of the chairman. 3 the salaries and allowances and conditions of service of the officers and other employees of the claims tribunal shall be such as may be prescribed. rules yeardescriptionfiles gsr134erailway claims tribunal group a and bposts recruitment rules, gsr463erailway claim tribunal group a andb posts recruitment amendment rules,

section 13. of the railway claims tribunal act : 1 the claims tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act, a relating to the responsibility of the railway administrations as carriers under chapter vii of the railways act in respect of claims for i compensation for loss, destruction, damage, deterioration or nondelivery of animals or goods entrusted to a railway administration for carriage by railway ii compensation payable under section 82a of the railways act or the rules made thereunder and b in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. 1 1a the claims tribunal shall also exercise, on and from the date of commencement of the provisions of section 124a of the railways act, 24 of , all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124a of the said act or the rules made thereunder. 2 1b the claims tribunal shall also exercise, on and from the commencement of part xiv of chapter vi of the finance act, 7 of , the jurisdiction, powers and authority conferred on the tribunal under chapter vii of the railways act, 24 of . 2 the provisions of the 3 railways act, 24 of and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the claims tribunal under this act. 1. ins. by act 28 of , s. 9 w.e.f. . 2. ins. by act 7 of , s. 162 w.e.f. . 3. subs. by act 28 of , s. 9, for railways act w.e.f .

section 14. of the railway claims tribunal act : 1 where any benches are constituted, the central government may, from time to time, by notification, make provisions as to the distribution of the business of the claims tribunal amongst the benches and specify the matters which may be dealt with by each bench. 2 if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decision of the chairman shall be final. explanation.for the removal of doubts, it is hereby declared that the expression matters includes an application under section 20.

section 19. of the railway claims tribunal act : 1 a person making an application to the claims tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the claims tribunal. 2 a railway administration may authorise one or more legal practitioners or any of its officers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the claims tribunal.

section 18. of the railway claims tribunal act : 1 the claims tribunal shall not be bound by the procedure laid down by the code of civil procedure, 5 of , but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules, the claims tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry. 2 the claims tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced. 3 the claims tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 5 of , while trying a suit, in respect of the following matters, namely: a summoning and enforcing the attendance of any person and examining him on oath b requiring the discovery and production of documents c receiving evidence on affidavits d subject to the provisions of sections 123 and 124 of the indian evidence act, 1 of , requisitioning any public record or document or copy of such record or document from any office e issuing commissions for the examination of witnesses or documents f reviewing its decisions g dismissing an application for default or deciding it ex parte h setting aside any order of dismissal of any application for default or any order passed by it ex parte i any other matter which may be prescribed.

section 23. of the railway claims tribunal act : 1 save as provided in subsection 2 and notwithstanding anything contained in the code of civil procedure, 5 of or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the claims tribunal, to the high court having jurisdiction over the place where the bench is located. 2 no appeal shall lie from an order passed by the claims tribunal with the consent of the parties. 3 every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against.

section 20. of the railway claims tribunal act : on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairman may transfer any case pending before one bench, for disposal, to any other bench.

section 21. of the railway claims tribunal act : if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it.

section 22. of the railway claims tribunal act : 1 an order made by the claims tribunal under this act shall be executable by the claims tribunal as a decree of civil court and, for this purpose, the claims tribunal shall have all the powers of a civil court. 2 notwithstanding anything contained in subsection 1, the claims tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.

section 24. of the railway claims tribunal act : 1 every suit, claim or other legal proceeding other than an appeal pending before any court, claims commissioner or other authority immediately before the appointed day, 1 2 or the date of commencement of the provisions of subsection 1a, or, as the case may be, the date of commencement of the provisions of subsection 1b of section 13, being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, 1 or the date of commencement of the provisions of subsection 1a, or, as the case may be, the date of commencement of the provisions of subsection 1b of section 13, within the jurisdiction of the claims tribunal, shall stand transferred on 3 that day or, as the case may be, date, to the claims tribunal. 2 where any suit, claim or other legal proceeding stands transferred from any court, claims commissioner or other authority to the claims tribunal under subsection 1, a the court, claims commissioner or other authority shall, as soon as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the claims tribunal b the claims tribunal may, on receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the same manner as an application, from the stage which was reached before such transfer or from any earlier stage or de novo as the claims tribunal may deem fit. 1. ins. by act 28 of , s. 13 w.e.f. . 2. subs by act 7 of , s. 162 w.e.f. . 3. subs. by act 28 of , s. 13, for that day w.e.f. .

section 25. of the railway claims tribunal act : all proceedings before the claims tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the indian penal code 45 of .

section 30. of the railway claims tribunal act : show related subordinates 1 the central government may, by notification, make rules to carry out the provisions of this act. 2 without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a the procedure under subsection 3 of section 8 for the investigation of misbehaviour or incapacity of the chairman, vicechairman or other member b salaries and allowances payable to, and the other terms and conditions of service including pension, gratuity and other retirement benefits of, the chairman, vicechairman and other members under section 9 c the financial and administrative powers which the chairman may exercise over the benches under section 11 d the salaries and allowances and conditions of service of officers and other employees of the claims tribunal under subsection 3 of section 12 e the form of application, the documents and other evidence to be accompanied with such application and fee in respect of filing of such application and fee for the service or execution of processes under subsection 2 of section 16 f the rules subject to which the claims tribunal shall have powers to regulate its own procedure under subsection 1 of section 18 and the additional matters in which the claims tribunal may exercise powers of civil court under clause i of subsection 3 of that section g any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of on effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 26. of the railway claims tribunal act : the chairman, vicechairman and other members and the officers and other employees of the claims tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code 45 of .

section 27. of the railway claims tribunal act : no suit, prosecution or other legal proceeding shall lie against the central government or against the chairman, vicechairman or other member, or any other person authorised by the chairman, vicechairman or other member for anything which is in good faith done or intended to be done in pursuance of this act or any rule or order made thereunder.

section 28. of the railway claims tribunal act : the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.

section 30a. of the railway claims tribunal act : show related subordinates 130a. power to make rules retrospectively. the power to make rules under clause b of subsection 2 of section 30 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this act received the assent of the president, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable. 1. ins. by act 4 of , s. 2 w.e.f. .

section 29. of the railway claims tribunal act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the appointed day. 2 every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament.

section 8. of the maulana azad national urdu university act : 1 the president of india shall be the visitor of the university. 2 the visitor may, from time to time, appoint one or more persons to review the work and progress of the university, including institution managed by it, and to submit a report thereon and upon receipt of that report the visitor may, after obtaining the views of the executive council thereon through the vicechancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the university shall be bound to comply with such directions. 3 the visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the university, its buildings, laboratories and equipment and of any institution maintained by the university and also of the examinations, teaching and other work conducted or done by the university and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the university or institutions. 4 the visitor shall, in every matter referred to in subsection 3, give notice of his intention to cause an inspection or inquiry to be made to the university and the university shall have the right to make such representations to the visitor, as it may consider necessary. 5 after considering the representations, if any, made by the university, the visitor may cause to be made such inspection or inquiry as is referred to in subsection 3. 6 where any inspection or inquiry has been caused to be made by the visitor, the university shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. 7 the visitor may, if the inspection or inquiry is made in respect of the university or any institution maintained by it, address the vicechancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the visitor may be pleased to offer, and on receipt of address made by the visitor, the vicechancellor shall communicate to the executive council, the views of the visitor with such advice as the visitor may offer upon the action to be taken thereon. 8 the executive council shall communicate, through the vicechancellor, to the visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry. 9 where the executive council does not, within a reasonable time, take action to the satisfaction of the visitor, the visitor may, after considering any explanation furnished or representation made by the executive council, issue such directions as he may think fit and the executive council shall comply with such directions. 10 without prejudice to the foregoing provisions of this section, the visitor may, by order in writing, annul any proceeding of the university which is not in conformity with this act, the statutes or the ordinances: provided that before making any such order, he shall call upon the registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same. 11 the visitor shall have such other powers as may be prescribed by the statutes.

section 3. of the maulana azad national urdu university act : 1 there shall be established a university by the name of maulana azad national urdu university. 2 the headquarters of the university shall be at hyderabad. 3 the first chancellor and the first vicechancellor and the first members of the court, the executive council and the academic council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of maulana azad national urdu university. 4 the university shall have perpetual succession and a common seal and shall sue and be sued by the said name.

section 2. of the maulana azad national urdu university act : in this act, and the statutes made hereunder, unless the context otherwise requires, a academic council means the academic council of the university b academic staff means such categories of staff as are designated as academic staff by the ordinances c board of studies means the board of studies of the university d chancellor, vicechancellor and provicechancellor mean, respectively, the chancellor, vicechancellor and provice chancellor of the university e court means the court of the university f department means a department of studies and includes a centre of studies g distance education system means the system of imparting education through any means of communication such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means h employee means any person appointed by the university and includes teachers and other staff of the university i executive council means the executive council of the university j finance committee means the finance committee of the university k hall means a unit of residence or of corporate life for the students of the university, or of an institution, maintained by the university l institution means an academic institution maintained by the university m recognised institution means an institution of higher learning recognised by the university n regulations means the regulations made by any authority of the university under this act for the time being force o school means a school of studies of the university p statutes and ordinances mean, respectively, the statutes and ordinances of the university for the time being in force q teachers of the university means professors, readers, lecturers and such other persons as may be appointed for imparting instruction or conducting research in the university or in any institution maintained by the university and who are designated as teachers by the ordinances r university means the maulana azad national urdu university established and incorporated as a university under this act.

section 1. of the maulana azad national urdu university act : 1 this act may be called the maulana azad national urdu university act, . 2 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 9th january, , vide notification no. s.o 1e, dated 1st january, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 7. of the maulana azad national urdu university act : the university shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the university to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the university or to hold any other office therein or to be admitted as a student in the university or to graduate thereat or to enjoy or exercise any privilege thereof: provided that nothing in this section shall be deemed to prevent the university from making special provisions for the employment or admission of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the scheduled castes and the scheduled tribes.

section 5. of the maulana azad national urdu university act : the university shall have the following powers, namely: i to provide for instructions and research in such branches of learning as are relevant for furtherance of the objects of the university. ii to grant, subject to such conditions as the university may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause iii to organise and to undertake extramural studies, training and extension services iv to confer honorary degrees or other distinctions in the manner prescribed by the statutes v to institute professorships, readerships, lecturerships and other teaching or academic positions, required by the university and to appoint persons to such professorships, readerships, lecturerships or other teaching or academic positions vi to appoint persons working in any other university or organisation as teacher or the university for a specified period vii to create administrative, ministerial and other posts and to make appointments thereto viii to cooperate or collaborate or associate with any other university or authority or institution of higher learning in such manner and for such purposes as the university may determine ix to establish, with the prior approval of the central government, such centres and specialised laboratories, within or outside india, as are, in the opinion of the university necessary for the furtherance of its objects x to institute and award fellowships, scholarships, studentships, medals and prizes xi to establish and maintain institutions and halls xii to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations as the university may deem necessary xiii to organise and conduct refresher courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff xiv to make special arrangements in respect of the residence, discipline and teaching of women students as the university may consider desirable xv to appoint, on contract or otherwise, visiting professors, emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the university xvi to confer autonomous status on a department in accordance with the statutes xvii to determine standards of admission to the university which may include examination, evaluation or any other method of testing xviii to demand and receive payment of fees and other charges xix to supervise the residences of the students of the university and to make arrangements for promoting their health and general welfare xx to lay down conditions of service of all categories of employees including their code of conduct xxi to regulate and enforce discipline among the students and the employees and to take such disciplinary measures in this regard as may be deemed by the university to be necessary xxii to make arrangements for promoting the health and general welfare of the employees xxiii to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the university xxiv to borrow, with the approval of the central government, on the security of the property of the university, money for the purposes of the university xxv to organise suitable distance education programmes xxvi to establish maintain or recognise study centres for the delivery of the distance education system in the manner laid down by the ordinances xxvii to provide for the preparation of instructional materials including films, cassettes, tapes, video cassettes and other software in collaboration with various open universities and other institutions dealing with the distance education system xxviii to devise and implement suitable schemes for providing a base for promotion and dissemination of urdu and to bring about the essential continuity in education with special reference to the delivery system in distance education consistent with the objectives of the university and xxix to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.

section 9. of the maulana azad national urdu university act : the following shall be the officers of the university: 1 the chancellor 2 the vicechancellor 3 the provicechancellor 4 the deans of schools 5 the registrar 6 the finance officer 7 the librarian and 8 such other officers as may be declared by the statutes to be officers of the university.

section 4. of the maulana azad national urdu university act : the objects of the university shall be to promote and develop urdu language to impart education and training in vocational and technical subjects through the medium of urdu to provide wider access to people desirous of pursuing programmes of higher education and training in urdu medium through teaching on the campus as well as at a distance and to provide focus on women education.

section 6. of the maulana azad national urdu university act : the jurisdiction of the university shall extend to the whole of india.

section 10. of the maulana azad national urdu university act : 1 the chancellor shall be appointed by the visitor in such manner as may be prescribed by the statutes. 2 the chancellor shall, by virtue of his office, be the head of the university. 3 the chancellor shall, if present, preside at the convocation of the university held for conferring degrees.

section 15. of the maulana azad national urdu university act : the finance officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 13. of the maulana azad national urdu university act : every dean of a school shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 18. of the maulana azad national urdu university act : the following shall be the authorities of the university: 1 the court 2 the executive council 3 the academic council 4 the board of studies 5 the finance committeeand 6 such other authorities as may be declared by the statutes to be the authorities of the university.

section 11. of the maulana azad national urdu university act : 1 the vicechancellor shall be appointed by the visitor in such manner and on such terms and conditions of service as may be prescribed by the statutes. 2 the vicechancellor shall be the principal executive and academic officer of the university and shall exercise general supervision and control over the affairs of the university and give effect to the decisions of all the authorities of the university. 3 the vicechancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority the action taken by him on such matters: provided that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the visitor whose decision thereon shall be final: provided further that any person in the service of the university who is aggrieved by the action taken by the vicechancellor under this subsection shall have the right to appeal against such action to the executive council within three months from the date on which decision on such action is communicated to him and thereupon the executive council may confirm, modify or reverse the action taken by the vicechancellor. 4 the vicechancellor, if he is of the opinion that any decision of any authority of the university is beyond the powers of the authority conferred by the provisions of this act, the statutes or the ordinances or that any decision taken is not in the interest of the university, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the visitor whose decision thereon shall be final. 5 the vicechancellor shall exercise such other powers and perform such other duties as may be prescribed by the statutes or the ordinances.

section 12. of the maulana azad national urdu university act : the provicechancellor shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 19. of the maulana azad national urdu university act : 1 the constitution of the court and the term of office of its members shall be prescribed by the statutes. 2 subject to the provisions of this act, the court shall have the following powers and functions, namely: a to review, from time to time, the broad policies and programmes of the university and to suggest measures for the improvement and development of the university b to advise the visitor in respect of any matter which may be referred to it for advice and c to perform such other functions as may be prescribed by the statutes.

section 14. of the maulana azad national urdu university act : 1 the registrar shall be appointed in such manner as may be prescribed by the statutes. 2 the registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the university and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 16. of the maulana azad national urdu university act : the librarian shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the statutes.

section 21. of the maulana azad national urdu university act : 1 the academic council shall be the principal academic body of the university and shall, subject to the provisions of this act, the statutes and the ordinances, coordinate and exercise general supervision over the academic policies of the university. 2 the constitution of the academic council, the term of office of its member and its powers and functions shall be prescribed by the statutes.

section 17. of the maulana azad national urdu university act : the manner of appointment and powers and duties of the other officers of the university shall be prescribed by the statutes.

section 23. of the maulana azad national urdu university act : the constitution, powers and functions of the finance committee shall be prescribed by the statutes.

section 20. of the maulana azad national urdu university act : 1 the executive council shall be the principal executive body of the university. 2 the constitution of the executive council, the term of office of its members and its powers and functions shall be prescribed by the statutes.

section 22. of the maulana azad national urdu university act : the constitution, powers and functions of the board of studies shall be prescribed by the statutes.

section 30. of the maulana azad national urdu university act : 1 the annual accounts and balancesheet of the university shall be prepared under the directions of the executive council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the comptroller and auditorgeneral of india or by such persons as he may authorise in this behalf. 2 a copy of the annual accounts together with the audit report thereon shall be submitted to the visitor along with the observations, if any, of the executive council. 3 any observations made by the visitor on the annual accounts shall be brought to the notice of the executive council and the views of the executive council, if any, on such observation shall be submitted to the visitor. 4 a copy of the annual accounts together with the audit report as submitted to the visitor shall also be submitted to the central government who shall, as soon as may be, cause the same to be laid before both houses of parliament. 5 the audited annual accounts after having been laid before both houses of parliament shall be published in the gazette of india.

section 24. of the maulana azad national urdu university act : the constitution, powers and functions of other authorities, as may be declared by the statutes to be the authorities of the university, shall be prescribed by the statutes.

section 25. of the maulana azad national urdu university act : subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely: a the constitution, powers and functions of the authorities, and other bodies of the university, as may be constituted from time to time b appointment and continuance in office of the members of the said authorities and bodies, filling up of vacancies of members and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide c the appointment, powers and duties of the officers of the university and their emoluments d the appointment of teachers and other academic staff and other employees of the university, their emoluments and other conditions of service e the appointment of teachers, academic staff working in any other university or organisation for specific period for undertaking a joint project f the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action g the principles governing the seniority of service of the employees of the university h the procedure for arbitration in cases of dispute between employees or students and the university i the procedure for appeal to the executive council by any employee or student against the action of any officer or authority of the university j the conferment of autonomous status on an institution or a department k the establishment and abolition of schools, departments, centres, halls and institutions l the conferment of honorary degrees m the withdrawal of degrees, diplomas, certificates and other academic distinctions n the institution of fellowships, scholarships, studentships, medals and prizes o the delegation of powers vested in the authorities or officers of the university p the maintenance of discipline among the employees and students and q all other matters which by this act are to be or may be provided for by the statutes.

section 26. of the maulana azad national urdu university act : show related subordinates 1 the first statutes are those set out in the schedule. 2 the executive council may, from time to time, make new or additional statutes or may amend or repeal the statutes referred to in subsection 1: provided that the executive council shall not make, amend or repeal any statutes affecting the status, powers or constitution of any authority of the university until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes and any opinion so expressed shall be considered by the executive council: provided further that the executive council shall not consider to make, amend or repeal any statute relating to the matters provided under clauses j and k of section 25 except with the prior approval of the visitor. 3 every new statute or addition to the statutes or any amendment or repeal of a statute shall require the assent of the visitor who may assent thereto or withhold assent or remit to the executive council for reconsideration in the light of observations, if any, made by him. 4 a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor. 5 notwithstanding anything contained in the foregoing subsections, the visitor may make new or additional statutes or amend or repeal the statutes referred to in subsection 1 during the period of three years immediately after the commencement of this act: provided that the visitor may, on the expiry of the said period of three years, make, within one year from the date of such expiry, such detailed statutes as he may consider necessary and such detailed statutes shall be laid before both houses of parliament. 6 notwithstanding anything contained in the foregoing subsections, the visitor may direct the university to make provisions in the statutes in respect of any matter specified by him and if the executive council is unable to implement such direction within sixty days of its receipt, the visitor may, after considering the reasons, if any, communicated by the executive council for its inability to comply with such direction, make or amend the statutes suitably.

section 27. of the maulana azad national urdu university act : show related subordinates 1 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely: a the admission of students to the university and their enrolment as such b the courses of study to be laid down for all degrees, diplomas and certificates of the university c the medium of instruction and examination d the award of degrees, diplomas, certificates and other academic distinctions, qualifications for the same and the means to be taken relating to the granting and obtaining of the same e the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university f the conditions for awards of fellowships, scholarships, studentships, medals and prizes g the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators h the conditions of residence of the students of the university i the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them j the appointments and emoluments of employees other than those for whom provision has been made in the statutes k the establishment of centres of studies, boards of studies, special centres, specialised laboratories and other committees l the manner of cooperation and collaboration with other universities, institutions and other agencies including learned bodies or associations in india or abroad m the creation, composition and functions of any other body which is considered necessary for improving the academic life of the university n such other terms and conditions of service of teachers and other academic staff as are not prescribed by the statutes o the management of institutions established by the university p setting up of a machinery for redressal of grievances of employees and q all other matters which by this act or the statutes may be provided for by the ordinances. 2 the first ordinances shall be made by the vicechancellor with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any time by the executive council in the manner prescribed by the statutes.

section 28. of the maulana azad national urdu university act : the authorities of the university may make regulations, consistent with this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances, in the manner prescribed by the statutes.

section 33. of the maulana azad national urdu university act : every employee or student of the university of institution maintained by the university shall, notwithstanding anything contained in this act, have a right to appeal within such time as may be prescribed by the statutes, to the executive council against the decision of any officer or authority of the university or of institution, as the case may be, and thereupon, the executive council may confirm, modify or reverse the decision appealed against.

section 29. of the maulana azad national urdu university act : 1 the annual report of the university shall be prepared under the direction of the executive council which shall include, among other matters, the steps taken by the university towards the fulfilment of its objects and shall be submitted to the visitor on or before such date as may be prescribed by the statutes. 2 a copy of the annual report, as prepared under subsection 1, shall also be submitted to the central government, which shall, as soon as may be, cause the same to be laid before both houses of parliament.

section 35. of the maulana azad national urdu university act : if any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the university, the matter shall be referred to the visitor whose decision thereon shall be final.

section 36. of the maulana azad national urdu university act : where any authority of the university is given power by this act or the statutes to appoint committees, such committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.

section 31. of the maulana azad national urdu university act : 1 every employee of the university shall be appointed under a written contract which shall be lodged with the university and a copy of which shall be furnished to the employee concerned. 2 any dispute arising out of the contract between the university and any employee shall, at the request of the employee, be referred to a tribunal of arbitration consisting of one member appointed by the executive council, one member nominated by the employee and an umpire appointed by the visitor. 3 the decision of the tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the tribunal. 4 every request made by the employee under subsection 2 shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the arbitration act, 10 of . 5 the procedure for regulating the work of the tribunal shall be prescribed by the statutes.

section 32. of the maulana azad national urdu university act : 1 any student or candidate for an examination whose name has been removed from the rolls of the university by the orders or resolution of the vicechancellor, discipline committee or examination committee, as the case may be, and who has been debarred from appearing at the examination of the university for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the executive council and the executive council may confirm, modify or reverse the decision of the vicechancellor or the committee, as the case may be. 2 any dispute arising out of any disciplinary action taken by the university against a student shall, at the request of such student, be referred to a tribunal of arbitration and the provisions of subsections 2, 3, 4 and 5 of section 31 shall, as far as may be, apply to a reference made under this subsection.

section 34. of the maulana azad national urdu university act : 1 the university shall constitute for the benefit of its employees such provident or pension funds or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the statutes. 2 where such provident fund or pension fund has been so constituted, the central government may declare that the provision of the provident funds act, 19 of , shall apply to such fund, as if it were a government provident fund.

section 37. of the maulana azad national urdu university act : all casual vacancies among the members other than ex officio members of any authority or other body of the university shall be filled, as soon as may be, by the person or body who appoints, elects or coopts the member whose place has become vacant and any person appointed, elected or coopted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

section 41. of the maulana azad national urdu university act : 1 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made under this section after the expiry of three years from the commencement of this act. 2 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament.

section 38. of the maulana azad national urdu university act : no act or proceedings of any authority or other body of the university shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

section 39. of the maulana azad national urdu university act : no suit or other legal proceedings shall lie against any officer or other employee of the university for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this act, the statutes or the ordinances.

section 43. of the maulana azad national urdu university act : 1 every statute, ordinance or regulation made under this act shall be published in the official gazette. 2 every statute, ordinance or regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or regulation or both houses agree that the statute, ordinance or regulation should not be made, the statute, ordinance or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or regulation. 3 the power to make statutes, ordinances or regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinance or regulations or any of them but no retrospective effect shall be given to any statute, ordinance or regulation so as to prejudically affect the interests of any person to whom such statute, ordinance or regulation may be applicable.

section 40. of the maulana azad national urdu university act : a copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the university, or other documents in possession of the university, or any entry in any register duly maintained by the university, if certified by the registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the indian evidence act, 1 of or in any other law for the time being in force.

section 42. of the maulana azad national urdu university act : notwithstanding anything contained in this act and the statutes, a the first chancellor shall be appointed by the visitor and the said officer shall hold office for a term of five years b the first vicechancellor shall be appointed by the visitor and the said officer shall hold office for a term of five years c the first registrar and the first finance officer shall be appointed by the visitor and each of the said officers shall hold office for a term of three years d the first court and the first executive council shall consist of not more than thirty members and eleven members, respectively, who shall be nominated by the visitor and they shall hold office for a term of three years e the first academic council shall consist of not more than twentyone members, who shall be nominated by the visitor and shall hold office for a term of three years: provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.

section 8. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 no person shall use any health care system for the display of placards or posters relating to, or for the distribution of, materials for the purpose of promoting the use or sale of infant milk substitutes or feeding bottles or infant foods: provided that the provisions of this subsection shall not apply to a the donation or distribution of informational or educational equipment or material made in accordance with the proviso to clause b of section 5 and b the dissemination of information to a health worker about the scientific and factual matters relating to the use of infant milk substitutes or feeding bottles or infant foods along with the information specified in subsection 1 of section 7. 2 no person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall make any payment to any person who works in the health care system for the purpose of promoting the use or sale of such substitutes or bottles or foods. 3 no person, other than a health worker, shall demonstrate feeding with infant milk substitutes or infant foods to a mother of an infant or to any member of her family and such health worker shall also clearly explain to such mother or such other member the hazards of improper use of infant milk substitutes or feeding bottles or infant foods. 4 no person, other than an institution or organisation, engaged in health care for mothers, infants or pregnant women, shall distribute infant milk substitutes or feeding bottles to a mother who cannot resort to breastfeeding and who cannot afford to purchase infant milk substitutes or feeding bottles. 5 an orphanage may purchase infant milk substitutes or feeding bottles at a price lower than their sale price for the purpose of utilising them in the said orphanage. explanation.for the purposes of this subsection, such purchases shall not amount to an inducement for promoting the use or sale of infant milk substitutes or feeding bottles.

The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992

section 1. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : show related subordinates 1 this act may be called the infant milk substitutes, feeding bottles and infant foods regulation of production, supply and distribution act, . 2 it extends to the whole of india. 3 it shall come into force on such date1 as the central government may, by notification in the official gazette, appoint. 1. 1st august , vide notification no. g.s.r. 527e, dated 31st july, , see gazette of india, extraordinary, part i, sec. 3i.

section 7. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 1every educational or other material including advertisements or material relating to promotion of infant milk substitutes, feeding bottles and infant foods, whether audio or visual, dealing with prenatal or postnatal care or with the feeding of an infant and intended to reach pregnant women or mothers of infants shall include clear information relating to a the benefits and superiority of breastfeeding b the preparation for, and the continuance of, breastfeeding c the harmful effects on breastfeeding due to the partial adoption of bottle feeding d the difficulties in reverting to breastfeeding of infants after a period of feeding by infant milk substitute e the financial and social implications in making use of infant milk substitutes and feeding bottles f the health hazards of improper use of infant milk substitutes and feeding bottles 2fa the date of printing and publication of such material and the name of the printer and publisher g such other matters as may be prescribed. 2 no material referred to in subsection 1 shall be utilised to promote the use or sale of infant milk substitutes or 3feeding bottles or infant foods. 1. subs. by s. 7, ibid., for every educational or other material w.e.f. . 2. ins. by s. 7, ibid. w.e.f. . 3. subs. by s. 7, ibid., for feeding bottles w.e.f. .

section 2. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : in this act, unless the context otherwise requires, 1a advertisement includes any notice, circular, label, wrapper or any other document or visible representation or announcement made by means of any light, sound, smoke or gas or by means of electronic transmission or by audio or visual transmission b container means a box, bottle, casket, tin, can, barrel, case, tube, receptacle, sack, wrapper or other thing in which any infant milk substitute, feeding bottle or infant food is placed or packed for sale or distribution c feeding bottle means any bottle or receptacle used for the purpose of feeding infant milk substitutes, and includes a teat and a valve attached or capable of being attached to such bottle or receptacle d health care system means an institution or organisation engaged, either directly or indirectly, in health care for mothers, infants or pregnant women, and includes a health worker in private practice, 2a pharmacy, drug store and any association of health workers e health worker means a person engaged in health care for mothers, infants or pregnant women f infant food means any food by whatever name called being marketed or otherwise represented as a complement to mothers milk to meet the growing nutritional needs of the infant 3after the age of six months and up to the age of two years g infant milk substitute means any food being marketed or otherwise represented as a partial or total replacement for mothers milk 4for infant up to the age of two years h label means a display of written, marked, stamped, printed or graphic matter affixed to, or appearing upon, any container i prescribed means prescribed by rules made under this act 5j promotion means to employ directly or indirectly any method of encouraging any person to purchase or use infant milk substitute, feeding bottle or infant food. 2 any reference in this act to any other enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 1. subs. by act 38 of , s. 2, for clause a w.e.f. . 2. subs. by s. 2, ibid., for but does not include a pharmacy or drug store w.e.f. . 3. subs. by s. 2, ibid., for after the age of four months w.e.f. . 4. subs. by s. 2, ibid., for , whether or not it is suitable for such replacement w.e.f. . 5. ins. by s. 2, ibid. w.e.f. .

section 5. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : subject to the provisions of subsection 4 of section 8, no person shall donate or distribute a infant milk substitutes or 1feeding bottles or infant foods to any other person except to an orphanage b any informational or educational equipment or material relating to infant milk substitutes or 1feeding bottles or infant foods: provided that nothing in this clause shall apply to the donation or distribution, subject to such conditions and restrictions as may be prescribed, of such equipment or material through the health care system. 1. subs. by s. 5, ibid., for feeding bottles w.e.f. .

section 10. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 no person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall fix the remuneration of any of his employees or give any commission to such employees on the basis of the volume of sale of such substitutes or bottles or foods made by such employees. 2 the employees of such person shall not perform any function which relates to educating a pregnant woman or mother of an infant on prenatal or postnatal care of the infant.

section 6. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 without prejudice to the provisions of the prevention of food adulteration act, 37 of and the rules made thereunder, no person shall produce, supply or distribute any infant milk substitute or infant food unless every container thereof or any label affixed thereto indicates in a clear, conspicuous and in an easily readable and understandable manner, the words important notice in capital letters in such language as may be prescribed and indicating thereunder the following particulars in the same language, namely: a a statement mothers milk is best for your baby in capital letters b a statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use c a warning that infant milk substitute or infant food is not the sole source of nourishment of an infant d the instructions for its appropriate preparation and a warning against the health hazards of its inappropriate preparation e the ingredients used f the composition or analysis g the storage conditions required h the batch number, date of its manufacture and the date before which it is to be consumed, taking into account the climatic and storage conditions of the country i such other particulars as may be prescribed. 2 no container or label referred to in subsection 1 relating to 1 infant milk substitute or infant food shall a have pictures of an infant or a woman or both or b have pictures or other graphic material or phrases designed to increase the saleability of 1infant milk substitute or infant food or c use on it the word humanised or maternalised or any other similar word or d bear on it such other particulars as may be prescribed. 1. subs. by act 38 of , s. 6, for infant milk substitute w.e.f. .

section 11. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 no person shall sell or otherwise distribute any infant milk substitute or infant food unless it conforms to the standards, specified for such substitute or food under the prevention of food adulteration act, 37 of , and the rules made thereunder and the container thereof has the relevant standard mark specified by the bureau of indian standards established under section 3 of the bureau of indian standards act, 63 of to indicate that the infant milk substitute or infant food conforms to such standards: provided that where no standards have been specified for any infant milk substitute or infant food under the prevention of food adulteration act, 37 of , no person shall sell or otherwise distribute such substitute or food unless he has obtained the approval of the central government in relation to such substitute or food and the label affixed to the container thereof under the rules made under that act. 2 no person shall sell or otherwise distribute any feeding bottle unless it conforms to the standard mark specified by the bureau of indian standards referred to in subsection 1 for feeding bottles and such mark is affixed on its container.

section 4. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 4. prohibition of incentives for use or sale of infant milk substitutes or 1feeding bottles or infant foods.no person shall a supply or distribute samples of infant milk substitutes or 1feeding bottles or infant foods or gifts of utensils or other articles or b contact any pregnant woman or the mother of an infant or c offer inducement of any other kind, for the purpose of promoting the use or sale of infant milk substitutes or 1feeding bottles or infant foods. 1. subs. by s. 4, ibid., for feeding bottles w.e.f. .

section 12. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 any food inspector appointed under section 9 of the prevention of food adulteration act, 37 of hereinafter referred to as the food inspector or any officer not below the rank of a class i officer authorised in this behalf by the state government hereinafter referred to as the authorised officer may, if he has any reason to believe that any provision of section 6 or section 11 has been or is being contravened, enter and search at any reasonable time any factory, building, business premises or any other place where any trade or commerce in infant milk substitutes or feeding bottles or infant foods is carried on or such substitutes or bottles or foods are produced, supplied or distributed. 2 the provisions of the code of criminal procedure, 2 of , relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this act.

section 3. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : no person shall a advertise, or take part in the publication of any advertisement, for the distribution, sale or supply of infant milk substitutes 1, feeding bottles or infant foods or b give an impression or create a belief in any manner that feeding of 2infant milk substitutes and infant foods are equivalent to, or better than, mothers milk or 3c take part in the promotion of infant milk substitutes, feeding bottles or infant foods. 1. subs. by act 38 of , s. 3, for or feeding bottles w.e.f. . 2. subs. by s. 3, ibid., for infant milk substitutes is w.e.f. . 3. subs. by s. 3, ibid., for clause c w.e.f. .

section 9. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 no person who produces, supplies, distributes or sells infant milk substitutes or feeding bottles or infant foods shall offer or give, directly or indirectly, any financial inducements or gifts to a health worker or to any member of his family for the purpose of promoting the use of such substitutes or bottles or foods. 12 no producer, supplier or distributor referred to in subsection 1, shall offer or give any contribution or pecuniary benefit to a health worker or any association of health workers, including funding of seminar, meeting, conference, educational course, contest, fellowship, research work or sponsorship. 1. subs. by act 38 of , s. 8, for subsection 2 w.e.f. .

section 13., or containers thereof. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 if any food inspector or authorised officer has reason to believe that in respect of any infant milk substitute or feeding bottle or infant food or container thereof, the provisions of this act have been or are being contravened, he may seize such substitute or bottle or food or container. 2 no such substitute or food or bottle or container shall be retained by any food inspector or authorised officer for a period exceeding ninety days from the date of its seizure unless the approval of the district judge, within the local limits of whose jurisdiction such seizure has been made, has been obtained for such retention.

section 20. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 any person who contravenes the provisions of section 3, 4, 5, 7, 8, 9, 10 or subsection 2 of 1section 11 and the rules made under section 26 of the act shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. 2 any person who contravenes the provisions of section 6 or subsection 1 of 1section 11 and the rules made under section 26 of the act shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than two thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not be less than one thousand rupees. 1. subs. by act 38 of , s. 9, for section 11 w.e.f. .

section 15. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 whenever any confiscation is authorised by this act, the court adjudging it may, subject to such conditions as may be specified in the order adjudging the confiscation, give to the owner thereof an option to pay in lieu of confiscation such cost not exceeding the value of the infant milk substitute or feeding bottle or infant food or container thereof in respect of which the confiscation is authorised as the court thinks fit. 2 on payment of the cost ordered by the court the seized infant milk substitute or feeding bottle or infant food or container shall be returned to the person from whom it was seized on the condition that such person shall, before making any distribution, sale or supply of such substitute or bottle or food or container, give effect to the provisions of this act.

section 14. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : any infant milk substitute or feeding bottle or infant food or container thereof, in respect of which any provision of this act has been or is being contravened, shall be liable to confiscation: provided that where it is established to the satisfaction of the court adjudging the confiscation that the person in whose possession, power or control any such substitute or bottle or food or container is found is not responsible for the contravention of the provisions of this act, the court may, instead of making an order for the confiscation of such substitute or bottle or food or container, make such other order authorised by this act against the person guilty of the breach of the provisions of this act as it may think fit.

section 16. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : no confiscation made or cost ordered to be paid under this act shall prevent the infliction of any punishment to which the person affected thereby is liable under the provisions of this act or under any other law.

section 17. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : any confiscation may be adjudged or costs may be ordered to be paid, a without any limit, by the principal civil court of original jurisdiction within the local limits of whose jurisdiction such confiscation has been made or costs have been ordered to be paid, as the case may be b subject to such limits as may be specified by the central government in this behalf, by such other court, not below a civil court having pecuniary jurisdiction exceeding five thousand rupees, as the central government may, by notification in the official gazette, authorise in this behalf.

section 18. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 no order adjudicating confiscation or directing payment of costs shall be made unless the owner of the infant milk substitute or feeding bottle or infant food or container thereof has been given a notice in writing informing him of the grounds on which it is proposed to confiscate such substitute or bottle or food or container and giving him a reasonable opportunity of making a representation in writing, within such reasonable time as may be specified in the notice, against the confiscation and if he so desires, of being heard in the matter: provided that where no such notice is given within a period of ninety days from the date of the seizure of the infant milk substitute or feeding bottle or infant food or container thereof, such substitute or bottle or food or container shall be returned after the expiry of that period to the person from whose possession it was seized. 2 save as otherwise provided in subsection 1, the provisions of the code of civil procedure, 5 of , shall, so far as may be, apply to every proceeding referred to in subsection 1.

section 19. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 any person aggrieved by any decision of the court adjudicating a confiscation or ordering the payment of costs may prefer an appeal to the court to which an appeal lies from the decision of such court. 2 the appellate court may, after giving the appellant an opportunity of being heard, pass such order as it thinks fit confirming, modifying or revising the decision or order appealed against or may send back the case with such directions as it may think fit for a fresh decision or adjudication, as the case may be, after taking additional evidence if necessary: provided that an order enhancing any fine in lieu of confiscation or for confiscating goods of greater value shall not be made under this section unless the appellant has had an opportunity of making a representation and if he so desires of being heard in his defence. 3 no further appeal shall lie against the order of the court made under subsection 2.

section 21. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : show related subordinates 1 save as otherwise provided in section 173 of the code of criminal procedure, 2 of , no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by a a person authorised in this behalf under subsection 1 of section 20 of the prevention of food adulteration act, 37 of or b an officer not below the rank of a class i officer authorised in this behalf, by general or special order, by the government or c a representative of such voluntary organisation engaged in the field of child welfare and development and child nutrition as the government may, by notification in the official gazette, authorise in this behalf. 2 where a complaint has been made by a representative of the voluntary organisation authorised under clause c of subsection 1 and the court has issued a summons or, as the case may be, a warrant under subsection 1 of section 204 of the code of criminal procedure, 2 of , the assistant public prosecutor for that court shall take charge of the case and conduct the prosecution.

section 26. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : show related subordinates 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the conditions and restrictions subject to which educational equipment and other material may be donated or distributed under the proviso to clause b of section 5 b the language in which the notice and other particulars shall be indicated under subsection 1 of section 6 c the particulars which are to be indicated under clause i of subsection 1 of section 6 d the particulars which a container or label shall not bear under clause d of subsection 2 of section 6 e the matters to be included in the information which reaches pregnant women or mothers of infants under clause g of subsection 1 of section 7 f any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 22. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : 1 where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this subsection shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 2 notwithstanding anything contained in subsection 1, where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. explanation.for the purposes of this section, a company means any body corporate and includes a firm of other association of individuals and b director, in relation to a firm, means a partner in the firm.

section 23. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : notwithstanding anything contained in the code of criminal procedure, 2 of , an offence punishable under this act shall be a bailable b cognizable.

section 24. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer of the central government 1or a representative of such voluntary organisation which is notified under clause c of subsection 1 of section 21 for anything which is in good faith done or intended to be done under this act. 1. subs. by act 38 of , s. 10, for or of any state government w.e.f. .

section 25. of the infant milk substitutes feeding bottles and infant foods regulation of production supply and distribution act : the provisions of this act, or the rules made thereunder shall be in addition to, and not in derogation of, the prevention of food adulteration act, , or the rules made thereunder.

section 8. of the delhi apartment ownership act : 1 where any land is given on lease by a person hereafter in this section referred to as the lessor to another person hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sublease of such land has been granted, and any multistoreyed building has been constructed on such leasehold land by the lessee or by any other person authorised by him or claiming through him, such lessee shall grant in respect of the land as many subleases as there are apartments in such multistoreyed building and shall execute separate deeds of sublease in respect of such land in favour of each apartment owner, a in the case of a multistoreyed building constructed before the commencement of this act, within three months from such commencement, or b in the case of a multistoreyed building constructed after the commencement of this act, within three months from the date on which the possession of any apartment in such multistoreyed building is delivered to him: provident that no sublease in respect of any land shall be granted except on the same terms and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor. 2 where the lessee has any reason to suspect that there had been any breach of the terms and conditions of the sublease referred to in subsection 1, he may himself inspect the land on which the multistoreyed building containing the concerned apartment has been constructed, or may authorise one or more persons to inspect such land and make a report as to whether there had been any breach of the terms and conditions of any sublease in respect of such land and, if so, the nature and extent of such breach, and for this purpose, it shall be lawful for the lessee or any person authorised by him to enter into, and to be in, the land in relation to which such breach has been or is suspected to have been committed. 3 where the lessee or any person authorised by him makes an inspection of the land referred to in subsection 1, he shall record in writing his findings on such inspection a true copy of which shall be furnished to the apartment owner by whom such breach of the terms and conditions of sublease in respect of the land appurtenant to the apartment owned by him has been committed hereinafter referred to as the defaulting apartment owner and where such findings indicate that there has been any breach of the terms and conditions of the sublease in respect of such land, the lessee may, by a notice in writing, require the defaulting apartment owner to refrain from committing any breach of the terms and conditions of the sublease in respect of such land, or to pay in lieu thereof such composition fees as may be specified in the notice in accordance with such scales of composition fees as may be prescribed. 4 the defaulting apartment owner who is aggrieved by any notice served on him by the lessee under subsection 3 may, within thirty days from the date of service of such notice, prefer an appeal to the court of the district judge having jurisdiction hereinafter referred to as the district court, either challenging the finding of the lessee or any person authorised by him or disputing the amount of composition fees as specified in the notice, and the district court may, after giving the parties a reasonable opportunity of being heard, confirm, alter or reverse those findings or may confirm, reduce or increase the amount of composition fees or set aside the notice. 5 where, on the breach of any terms and conditions of any sublease in respect of any land, any composition fees become payable, the defaulting apartment owner shall be deemed to have been guilty of such breach and in default of payment thereof it shall be lawful for the lessee to recover the amount of the composition fees from the defaulting apartment owner as an arrear of land revenue. 6 where any composition fees are paid whether in pursuance of the notice served under subsection 3 or in accordance with the decision of the district court or a higher court on appeal, no further action shall be taken by the lessee for the breach of the terms and conditions of the sublease in respect of the land in relation to which payment of such composition fees has been made. 7 if the defaulting apartment owner omits or fails to refrain from committing any breach of the terms and conditions of the sublease in respect of the land or, as the case may be, omits or fails to pay the composition fees in lieu thereof i in accordance with the notice issued by the lessee under subsection 3, or ii where the findings of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any sublease in respect of the land or the amount of composition fees specified in the notice issued by the lessee are altered by the district court on appeal or by any higher court on further appeal, in accordance with the decision of the district court or such higher court, as the case may be, the lessee shall be entitled, a where no appeal has been preferred under subsection 4, within sixty days from the date of service of the notice under subsection 3, or b where an appeal has been preferred under subsection 4, within sixty days from the date on which the appeal is finally disposed of by the district court or, where any further appeal is preferred to a higher court, by such higher court, to exercise the right of reentry in respect of the undivided interest of the lessee in the land appurtenant to the apartment owned by the defaulting apartment owner, and where such right of reentry cannot be exercised except by the ejectment of the defaulting apartment owner from his apartment, such right of reentry shall include a right to eject the defaulting apartment owner from the concerned apartment: provided that no such ejectment shall be made unless the defaulting apartment owner has been paid by the lessee such amount as compensation for such ejectment as may be determined in accordance with the prescribed scales of compensation. 8 no appeal preferred under subsection 4 shall be admitted, unless twentyfive per cent. of the composition fees specified in the notice served on the defaulting apartment owner has been deposited to the credit of the district court in savings bank account to be opened by the district court in any branch of an approved bank: provided that the district court may, on sufficient cause being shown, either remit or reduce the amount of such deposit, and the interest accruing on such deposit, shall enure to the credit of defaulting apartment owner by whom such deposit has been made: provided further that the amount of such deposit together with the interest due thereon shall be distributed by the district court in accordance with the decision in such appeal, or where any further appeal has been preferred against such decision, in accordance with the decision in such further appeal. 9 the defaulting apartment owner, who is aggrieved by the amount offered to be paid to him under the proviso to subsection 7 as compensation for ejectment from his apartment may, within thirty days from the date of such offer, prefer an appeal to the district court and the district court may, after giving the parties a reasonable opportunity of being heard, maintain increase or reduce the amount of compensation. 10 on the ejectment of the defaulting apartment owner from the apartment under subsection 7, the lessee by whom such ejectment has been made may a fresh allotment of the concerned apartment to any other person on such terms and conditions as he may think fit: provided that the consideration for such fresh allotment shall not be more than the amount which has been paid to the defaulting apartment owner as compensation. 11 where any lessee omits or fails to take any action either in accordance with the provisions of subsection 2 or subsection 3 or subsection 7, the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartment owner under subsection 2 or subsection 3 or, as the case may be, under subsection 7, within a period of ninety days from the date of service of such notice, and in the event of the omission or failure of the lessee to do so within such period, the lessor may himself take action as contained in subsection 2 or subsection 3 or subsection 7, and the provisions of subsection 4 to subsection 6 and subsection 8 to subsection 10, shall, as far as may be, apply to any action taken by him as if such action had been taken by the lessee. 12 for the removal of doubts, it is hereby declared that no work in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sublease in respect of the land on which the multistoreyed building containing such apartment has been constructed unless the work is prohibited by section 11. explanation.in this section, approved bank means the state bank of india constituted under section 3 of the state bank of india act, 23 of , or a subsidiary bank constituted under section 3 of the state bank of india subsidiary banks act, 38 of , or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 5 of or a corresponding new bank constituted under section 3 of the banking companies acquisition and transfer of undertakings act, 40 of .

section 1. of the delhi apartment ownership act : 1 this act may be called the delhi apartment ownership act, . 2 it extends to the whole of the union territory of delhi. 3 it shall come into force on such date as the administrator may, by notification in the official gazette, appoint.

section 3. of the delhi apartment ownership act : in this act, unless the context otherwise requires, a administrator means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution b allottee, in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter c apartment means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multistoreyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading to such street, road or highway, and includes any garage or room whether or not adjacent to the multistoreyed building in which such apartment is located provided by the promoter for use by the owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic aide employed in such apartment d apartment number means the number, letter or combination thereof, designating an apartment e apartment owner means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the deed of apartment f association of apartment owners, i in relation to a multistoreyed building not falling within subclause ii, means all the owners of the apartments therein ii in the case of the multistoreyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such block, pocket or other designated area, acting as a group in accordance with the byelaws g authority includes any authority constituted or established by or under any law for the time being in force h board means the board of management of an association of apartment owners elected by its members under the byelaws i byelaws means the byelaws made under this act j common areas and facilities, in relation to a multistoreyed building, means i the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building ii the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fireescapes and entrances and exits of the building iii the basements, cellars, yards, gardens, parking areas, shopping centers, schools and storage spaces iv the premises for the lodging of janitors or persons employed for the management of the property v installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage vi the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use vii such other community and commercial facilities as may be prescribed and viii all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use k common expenses means i all sums lawfully assessed against the apartment owners by the association of apartment owners for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities ii expenses declared as common expenses by the provisions of this act or by the byelaws, or agreed upon by the association of apartment owners l common profits means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses m competent authority means, i a secretary in the delhi administration, or ii the vicechairman of the delhi development authority, or iii the land and development officer of the central government, who may be authorised by the administrator, by notification in the official gazette, to perform the functions of the competent authority under this act n deed of apartment means the deed of apartment referred to in section 13 o delhi means the union territory of delhi p joint family means a hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence q limited common areas and facilities means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments r manager means the manager of an association of apartment owners appointed under the byelaws s multistoreyed building means a building constructed on any land, containing four or more apartments, or two or more buildings in any area designated as a block, pocket or otherwise, each containing two or more apartments, with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the proviso to section 2 t owner, in relation to an apartment, includes, for the purposes of this act, a lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more u person includes a firm and a joint family, and also includes a group housing cooperative society v prescribed means prescribed by rules made under this act w promoter means the authority, person or cooperative society, as the case may be, by which, or by whom, any multistoreyed building has been constructed x property means the land, the multistoreyed building, all improvement and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.

section 7. of the delhi apartment ownership act : each apartment owner shall comply strictly with the byelaws and with the covenants, conditions and restrictions set forth in the deed of apartment, and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for injunctive relief, or both, by the manager or board on behalf of the association of apartment owners, or, in a proper case, by an aggrieved apartment owner.

section 2. of the delhi apartment ownership act : the provisions of this act shall apply to every apartment in a multistoreyed building which was constructed mainly for residential or commercial or such other purposes as may be prescribed, by a any group housing cooperative society or b any other person or authority, before or after the commencement of this act and on a free hold land, or a lease hold land, if the lease for such land is for a period of thirty years or more: provided that, where a building constructed, whether before or after the commencement of this act, on any land contains only two or three apartments, the owner of such building may, by a declaration duly executed and registered under the provisions of the registration act, 16 of , indicate his intention to make the provisions of this act applicable to such building, and on such declaration being made, such owner shall execute and register a deed of apartment in accordance with the provisions of this act, as if such owner were the promoter in relation to such building.

section 9. of the delhi apartment ownership act : notwithstanding anything contained in the transfer of property act, 4 of , or in any other law for the time being in the force, any person acquiring any apartment from any apartment owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner for a period of thirty years or more, shall, a in respect of the said apartment, be subject to the provisions of this act and b execute and register an instrument in such form, in such manner and within such period as may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid.

section 4. of the delhi apartment ownership act : 1 every person to whom any apartment is allotted, sold or otherwise transferred by the promoter, on or after the commencement of this act, shall, save as otherwise provided in section 6, and subject to the other provisions of this act, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. 2 every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this act shall, save as otherwise provided under section 6 and subject to the other provisions of this act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. 3 every person who becomes entitled to the exclusive ownership and possession of an apartment under subsection 1 or subsection 2 shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the deed of apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property. 4 a the percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners. b the percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. 5 the common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void. 6 each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. 7 the necessary work relating to maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this act and the byelaws. 8 the association of apartment owners shall have the irrevocable right, to be exercised by the board or manager, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.

section 10. of the delhi apartment ownership act : if any apartment is acquired by any person, whether by allotment, sale or otherwise with the consideration thereof paid or provided by another person, the acquirer shall, notwithstanding anything contained in the transfer of property act, 4 of , or in the indian trusts act, 2 of or in any other law for the time being in force, be deemed to be the real owner of such apartment, and no court shall entertain any claim of the person paying or providing such consideration for title to such apartment on the ground that the acquisition of the apartment was made on behalf of such person or on behalf of someone through whom such person claims.

section 5. of the delhi apartment ownership act : subject to the provisions of section 6, each apartment, together with the undivided interest in the common areas and facilities appurtenant to such apartment, shall, for all purposes constitute as a heritable and transferable immovable property within the meaning of any law for the time being in force, and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedy and to penalty, forfeiture or punishment as any other immovable property or make a bequest of the same under the law applicable to the transfer and succession of immovable property: provided that where the allotment, sale or other transfer of any apartment has been made by any group housing cooperative society in favour of any member thereof, the transferability of such apartment and all other matters shall be regulated by the law applicable to such group housing cooperative society.

section 6. of the delhi apartment ownership act : where any allotment, sale or other transfer of any apartment has been made, whether before or after the commencement of this act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee or transferee, as the case may be, shall not become entitled to the ownership and possession of that apartment on to a percentage of undivided interest in the common areas and facilities apurtenant to such apartment, until full payment has been made of the consideration thereof together with interest, if any due thereon, and where any such allottee or transferee has been inducted into the possession of such apartment or any part thereof in pursuance of such allotment or transfer, he shall, until the full payment of the consideration has been made, continue to remain in possession thereof on the same terms and conditions on which he was so inducted into possession of such apartment of part thereof.

section 15. of the delhi apartment ownership act : 1 there shall be an association of apartment owners for the administration of the affairs in relation to the apartments and the property appertaining thereto and for the management of common areas and facilities: provided that where any area has been demarcated for the construction of multistoreyed buildings, whether such area is called a block or pocket or by any other name, there shall be a single association of apartment owners in such demarcated area. 2 the administrator may, by notification in the official gazette, frame model byelaws in accordance with which the property referred to in subsection 1 shall be administered by the association of apartment owners and every such association shall, at its first meeting, make its byelaws in accordance with the model byelaws so framed, and in making its byelaws the association of apartment owners shall not make any departure from, variation of, addition to, or omission from, the model byelaws aforesaid except with the prior approval of the administrator and no such approval shall be given if, in the opinion of the administrator, such departure, variation, addition or omission will have the effect of altering the basic structure of the model byelaws framed by him. 3 the model byelaws framed under subsection 2 shall provide for the following, among other matters, namely: a the manner in which the association of apartment owners is to be formed b the election, from among apartment owners, of a board of management by the members of the association of apartment owners c the number of apartment owners constituting the board, the composition of the board and that onethird of members of the board shall retire annually d the powers and duties of the board e the honorarium, if any, of the members of the board f the method of removal from office of the members of the board g the powers of the board to engage the service of a manager h delegation of powers and duties of the board to such manager i method of calling meetings of the association of apartment owners and the number of members of such association who shall constitute a quorum for such meetings j election of a president of the association of apartment owners from among the apartment owners, who, shall preside over the meetings of the board and of the association of apartment owners k election of a secretary to the association of apartment owners from among the apartment owners, who shall be an ex officio member of the board and shall keep two separate minutes books, one for the association of apartment owners and the other for the board, pages of each of which shall be consecutively numbered and authenticated by the president of the association of apartment owners, and shall record, in the respective minutes books, the resolutions adopted by the association of apartment owners or the board, as the case may be l election of a treasurer from among the apartment owners, who shall keep the financial records of the association of apartment owners as also of the board m maintenance, repair and replacement of the common areas and facilities and payment therefor n manner of collecting from the apartment owners or any other occupant of apartments, share of the common expenses o resignation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities p restrictions with regard to the use and maintenance of the apartments and the use of the common areas and facilities, as may be necessary to prevent unreasonable interference in the use of each apartment and of the common areas and facilities by the several apartment owners q any matter which may be required by the administrator to be provided for in the byelaws for the proper or better administration of the property r such other matters as are required to be, or may be, provided for in the byelaws. 4 the byelaws framed under subsection 2 may also contain provisions, not inconsistent with this act, a enabling the board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income b relating to the audit of the accounts of the association of apartment owners and of the board, and of the administration of the property c specifying the times at which and the manner in which annual general meetings and special general meetings of the association of apartment owners shall be held and conducted d specifying the time at which and the manner in which, the annual report relating to the activities of the association of apartment owners shall be submitted e specifying the manner in which the income derived and expenditure incurred by the association of apartment owners shall be dealt with, or as the case may be, accounted for.

section 11. of the delhi apartment ownership act : no apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar without first obtaining the consent of all the other apartment owners. explanation.in this section, reference to apartment owners shall be construed, in relation to a multistoreyed building in any block, pocket or other designated area, the apartment owners of the concerned multistoreyed building in such block, pocket or other designated area.

section 17. of the delhi apartment ownership act : if within sixty days of the date of damage or destruction to all, or part of any property, or within such further time as the competent authority may, having regard to the circumstances of the case, allow, the association of apartment owners does not determine to repair, reconstruct or rebuild such property, then, and in that event, a the property shall be deemed to be owned in common by the apartment owners b the undivided interest in the property owned in common, which shall appertain to each apartment owner, shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities c any incumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property d the property shall be subject to an action for partition at the suit of any apartment owner in which event, the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided amongst all the apartment owners in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.

section 12. of the delhi apartment ownership act : 1 the owner of each apartment may create any encumbrance, only against the apartment owned by him and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership: provided that where any such encumbrance is created, the apartment in relation to which such encumbrance has been created shall not be partitioned or subdivided. 2 no labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or subcontractor, shall be the basis for a charge or any encumbrance under the provisions of the transfer of property act, 4 of , against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto. 3 the labour performed and material furnished for the common areas and facilities, if duly authorised by the association of apartment owners in accordance with the provisions of this act or the byelaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the act aforesaid against each of the apartments and shall be subject to the provisions of subsection 4. 4 in the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance on payment of the fractional or proportional amounts attributable to each of the apartments affected and on such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment. 5 on any such payment, discharge on other satisfaction, referred to in subsection 4, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged.

section 13. of the delhi apartment ownership act : 1 whenever any allotment, sale or other transfer of any apartment is made, the promoter shall, a in the case of an allotment, sale or other transfer made after the commencement of this act, within three months from the date of such allotment, sale or other transfer, or b in the case of any allotment, sale or other transfer made before the commencement of this act, within six months from the date of such commencement, execute a deed of apartment containing the following particulars, namely: i the name of the allottee, ii description of the land on which the building and the common areas and facilities are located, and whether the land is freehold or leasehold, and if leasehold, the period of such lease, iii a set of floor plans of the multistoreyed building showing the layout and location, number of apartments and bearing a verified statement of an architect certifying that it is an accurate copy of the portions of the plans of the building as filed with, and approved by, the local authority within the jurisdiction of which the building is located, iv description of the multistoreyed building, stating the number of storeys and basements, the number of apartments in that building and the principal materials of which it is constructed, v the apartment number, or statement of the location of the apartment, its approximate area, number and dimension of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification, vi description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment in the common areas and facilities, vii description of the limited common areas and facilities, if any, stating to which apartments their use is reserved, viii value of the property and of each apartment, and a statement that the apartment and such percentage of undivided interest are not encumbered in any number whatsoever on the date of execution of the deed of apartment, ix statement of the purposes for which the building and each of the apartments are intended and restricted as to use, x the name of the person to receive service of process, together with the particulars of the residence or place of business of such person, xi provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or any part of the property: provided that the competent authority may, if it is satisfied that the promoter was prevented by sufficient cause from executing the deed of apartment in relation to any apartment within the period of three months, or six months as the case may be, permit the promoter to execute such deed of apartment within such further period, not exceeding six months, as it may specify. 2 the promoter shall a file in the office of the competent authority and b deliver to the concerned allottee or transferee, as the case may be, a certified copy of each deed of apartment as registered under section 14. 3 whenever may transfer of any apartment is made by the owner thereof, whether by sale, lease, mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of the deed of apartment delivered to him under subsection 2 after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get the endorsement on the certified copy of the deed of apartment registered in accordance with the provisions of section 14. 4 whenever any succession takes place to any apartment or part thereof, the successor shall, within a period of six months from the date of such succession, make an application to the competent authority for recording such succession on the certified copy of the deed of apartment in relation to the concerned apartment, and, if there is any dispute as to the succession to the apartment, the competent authority shall decide be same, and for this purpose, such authority shall have the powers of a civil court, while trying a suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by the principal civil court of original jurisdiction. 5 whenever any succession to an apartment has been recorded by the competent authority under subsection 4, such authority shall send a true copy of such record, to the concerned registrar for registration thereof in accordance with the provisions of section 14. 6 for the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and not in derogation of, the provisions of any other law, for the time being in force, relating to the transfer of immovable property.

section 19. of the delhi apartment ownership act : 1 the common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities. 2 where the apartment owner is not in the occupation of the apartment owned by him, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment.

section 16. of the delhi apartment ownership act : 1 the board or manager a shall have, if requested so to do by a mortgagee having a first mortgage covering an apartment, the authority to, and b shall, if required so to do by the byelaws or by a majority of the apartment owners, obtain insurance for the property against loss or damage by fire or other hazards under such terms and for such amounts as shall be so requested or required. 2 such insurance coverage shall be written on the property in the name of such board or manager as trustee for each of the apartment owners in the percentages specified in the byelaws. 3 the premia payable in respect of every such insurance shall be common expenses. 4 the provisions of subsections 1 to 3 shall be without prejudice to the right of each of the apartment owner to insure his own apartment for his benefit.

section 14. of the delhi apartment ownership act : 1 every deed of apartment and every endorsement thereon relating to the transfer of the apartment shall be deemed to be a document which is compulsorily registrable under the registration act, 16 of and shall be registered with the registrar accordingly, and the words and expressions used in this section but not defined in this act, shall have the meanings respectively assigned to them in the registration act, . 2 in all registration offices, a book called register of deeds or apartments under the delhi apartment ownership act, and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed. 3 whenever any endorsement on a deed of apartment is registered, the concerned registrar shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned deed of apartment filed with it under subsection 2 of section 13. 4 any person acquiring any apartment shall be deemed to have notice of the contents of the deed of apartment and the endorsement, if any, thereon as from the date of its registration under this section.

section 18. of the delhi apartment ownership act : 1 without prejudice to the rights of any apartment owner, action may be brought by the board of manager, in either case in the discretion of the board on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. 2 the service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person, designated in the byelaws to receive service of process.

section 24. of the delhi apartment ownership act : 1 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument and all apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this act applies, shall be subject to the provisions of this act and the byelaws and the rules made thereunder: provided that nothing contained in this subsection shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the 28th day of february, . 2 all agreements, divisions and determinations lawfully made by the association of apartment owners in accordance with the provisions of this act and the byelaws shall be deemed to be binding on all apartment owners.

section 27. of the delhi apartment ownership act : 1 the central government may, by notification in the official gazette, make rules to carry out the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: a the purposes, other than the purposes specified in section 2, for which any multistoreyed building may be utilised b the type of independent uses, other than the uses specified in clause c of section 3, which may be made of an apartment c the community and commercial facilities which may be included in common areas and facilities under subclause vii of clause j of section 3 d the scales of composition fees which may be paid under section 8 for the breach of the terms and conditions of any lease or sublease e the scales in accordance with which compensation, to be paid for the ejectment of an apartment owner from his apartment, shall be determined as required by subsection 7 of section 8 f the form and manner in which, and the period within which, an instrument referred to in clause b of section 9, shall be executed and registered g the form in which the register of deeds of apartments under the delhi apartment ownership act, and the index relating thereto shall be kept and the particulars which such register shall contain as required by subsection 2 of section 14 h any other matter which is required to be, or may be, prescribed. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 20.apartment owner not to be exempt from liability for contribution by waiver of the use of the common areas and facilities of the delhi apartment ownership act : no apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.

section 21. of the delhi apartment ownership act : all sums assessed by the association of apartment owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only i the charge, if any, on the apartment for payment of government and municipal taxes and ii all the sums unpaid on a first mortgage of the apartment.

section 22. of the delhi apartment ownership act : 1 notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment including an apartment in respect of which the provisions of this act were applied under the proviso to section 2 shall be deemed to be separate property for the purpose of assessment of tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly and for this purpose a local authority shall make suitable regulations to carry out the provisions of this section. 2 neither the multistoreyed building nor the property nor the common areas and facilities referred to in subsection 1, shall be deemed to be separate properties for the purpose of the levy of such taxes.

section 23., for unpaid common expenses. of the delhi apartment ownership act : 1 upon the sale, bequest or other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for all unpaid assessments against the vendor or transferor for his share of the common expenses up to the time of the sale, bequest or other transfer, without prejudice to the right of the purchaser, grantee, legatee or transferee to recover from the vendor or the transferor any amount paid by the purchaser, grantee, legatee or transferee therefor. 2 any purchaser, grantee, legatee or transferee referred to in subsection 1 shall be entitled to a statement from the board or manager setting forth the amount of the unpaid assessment against the vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be liable for, nor shall the apartment be sold subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale, bequest or other transfer, in excess of the amount set forth in the statement.

section 26. of the delhi apartment ownership act : for the removal of doubts, it is hereby declared that the provisions of the transfer of property act, 4 of , shall, in so far as they are not inconsistent with the provisions of this act, apply to the transfer of any apartment, together with its undivided interest in the common areas and facilities appurtenant thereto, made by the owner of such apartment, whether such transfer is made by sale, lease, mortgage, exchange, gift or otherwise, as they apply to the transfer of any immovable property.

section 25. of the delhi apartment ownership act : 1 the central government may, by notification in the official gazette, reduce or remit, whether prospectively or retrospectively from a date not earlier than the date of commencement of this act, a the stamp duty with which, under any law relating to stamp duty for the time being in force, instruments or documents executed by or on behalf of a promoter, apartment owner or association of apartment owners relating to any of the purposes of this act are respectively chargeable b any fee payable by or on behalf of any promoter, apartment owner or association of apartment owners in relation to instruments or documents referred to in clause a under any law relating to registration of documents or to court fees, for the time being in force, and which the central government is competent to levy. 2 the central government may refund the amount of any duty or fee paid in pursuance of any law referred to in subsection 1 in such circumstances, to such extent and subject to such terms and conditions, if any, as that government may, by order, determine.

section 8. of the indotibetan border police force act : no member of the force shall be at liberty, a to resign his appointment during the term of his engagement or b to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority.

section 1. of the indotibetan border police force act : 1 this act may be called the indotibetan border police force act, . 2 it shall come into force on such date1 as the central government may, by notification, appoint. 1. 30th may, , vide notification no. s.o. 414e, dated 28th may, , see gazette of india, extraordinary, part ii, sec. 3ii.

section 2. of the indotibetan border police force act : show related subordinates 1 in this act, unless the context otherwise requires, a active duty, in relation to a person subject to this act, means any duty as a member of the force during the period in which such person is attached to, or forms part of, a unit of the force i which is engaged in operations against an enemy, or ii which is operating at a picket or engaged on patrol or other guard duty along the borders of india, and includes duty by such person during any period declared by the central government by order as a period of active duty with reference to any area in which any person or class of persons subject to this act may be serving b battalion means a unit of the force constituted as a battalion by the central government c civil offence means an offence which is triable by a criminal court d civil prison means any jail or place used for the detention of any criminal prisoner under the prisons act, 9 of , or under any other law for the time being in force e commanding officer, used in relation to a person subject to this act, means an officer for the time being in command of the unit or any separate portion of the force to which such person belongs or is attached f criminal court means a court of ordinary criminal justice in any part of india and includes a court of a special judge appointed under the criminal law amendment act, 46 of g deputy inspectorgeneral and additional deputy inspectorgeneral mean respectively a deputy inspectorgeneral and an additional deputy inspectorgeneral of the force appointed under section 5 h directorgeneral and additional directorgeneral mean respectively the directorgeneral and an additional directorgeneral of the force appointed under section 5 i enemy includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this act to take action j enrolled person means an underofficer or other person enrolled under this act k force means the indotibetan border police force l force court means a court referred to in section 76 m force custody means the arrest or confinement of a member of the force according to rules n inspectorgeneral means the inspectorgeneral of the force appointed under section 5 o judge attorneygeneral, additional judge attorneygeneral, deputy judge attorneygeneral and judge attorney mean respectively the judge attorneygeneral, an additional judge attorneygeneral, a deputy judge attorneygeneral and a judge attorney of the force appointed in the appropriate rank by the central government p member of the force means an officer, a subordinate officer, an underofficer or other enrolled person q notification means a notification published in the official gazette r offence means any act or omission punishable under this act and includes a civil offence s officer means a person appointed or in pay as an officer of the force, but does not include a subordinate officer or an underofficer t prescribed means prescribed by rules made under this act u rule means a rule made under this act v subordinate officer means a person appointed or in pay as a subedar major, a subedar or a subinspector of the force w superior officer, when used in relation to a person subject to this act, means i any member of the force to whose command such person is for the time being subject in accordance with the rules ii any officer of a higher rank or class or of a higher grade in the same class, and includes, when such person is not an officer, a subordinate officer or an underofficer of a higher rank, class or grade x underofficer means a head constable, a naik or a lance naik of the force y unit includes a any body of officers and other members of the force for which a separate authorised establishment exists b any separate body of persons subject to this act employed on any service and not attached to a unit as aforesaid c any other separate body of persons composed wholly or partly of persons subject to this act and specified as a unit by the central government z all words and expressions used and not defined in this act but defined in the indian penal code 45 of , the army act, 45 of or the national security guard act, 47 of , shall have the meanings respectively assigned to them in that code or those acts. 2 in this act, references to any law not in force in the state of jammu and kashmir shall be construed as references to the corresponding law in force in that state. . vide notification no. s.o. e, dated 30th october, , this act is made applicable to the union territory of jammu and kashmir and the union territory of ladakh.

section 7. of the indotibetan border police force act : every member of the force shall be liable to serve in any part of india as well as outside india.

section 9. of the indotibetan border police force act : every person subject to this act shall hold office during the pleasure of the president.

section 5. of the indotibetan border police force act : show related subordinates 1 the general superintendence, direction and control of the force shall vest in, and be exercised by, the central government and subject thereto, and to the provisions of this act and the rules, the command and supervision of the force shall vest in an officer to be appointed by the central government as the directorgeneral of the force. 2 the directorgeneral shall, in the discharge of his duties under this act, be assisted by such number of additional directorsgeneral, inspectorsgeneral, deputy inspectorsgeneral, additional deputy inspectorsgeneral, commandants and other officers as may be appointed by the central government.

section 3. of the indotibetan border police force act : show related subordinates 1 the following persons appointed whether on deputation or in any other manner in the force shall be subject to this act, wherever they may be, namely. a officers and subordinate officers and b underofficers and other persons enrolled under this act. 2 every person subject to this act shall remain so subject until repatriated, retired, released, discharged, removed or dismissed from the force in accordance with the provisions of this act and the rules.

section 10. of the indotibetan border police force act : show related subordinates subject to the provisions of this act and the rules, the central government may dismiss or remove from the service any person subject to this act.

section 4. of the indotibetan border police force act : show related subordinates 1 there shall be an armed force of the union called the indotibetan border police force for ensuring the security of the borders of india and performing such other duties as may be entrusted to it by the central government. 2 subject to the provisions of this act, the force shall be constituted in such manner as may be prescribed and the conditions of service of the members of the force shall be such as may be prescribed.

section 14. of the indotibetan border police force act : 1 any person subject to this act other than an officer who deems himself wronged by any superior or other officer may complain to the officer under whose command he is serving. 2 when the officer complained against is the officer to whom any complaint should, under subsection 1, be preferred, the aggrieved person may complain to such officers next superior officer. 3 every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant, or when necessary, refer the complaint to a superior authority. 4 the directorgeneral may revise any decision made under any of the foregoing subsections, but, subject thereto, such decision shall be final.

section 6. of the indotibetan border police force act : the persons to be enrolled to the force, the mode of enrolment, and the procedure for enrolment shall be such as may be prescribed.

section 11. of the indotibetan border police force act : show related subordinates 1 the directorgeneral, any additional directorgeneral or inspectorgeneral may dismiss or remove from the service or reduce to a lower grade or rank or ranks any person subject to this act other than an officer. 2 an officer not below the rank of additional deputy inspectorgeneral or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or a subordinate officer of such rank or ranks as may be prescribed. 3 any such officer as is mentioned in subsection 2 may reduce to a lower grade or rank or ranks any person under his command except an officer or a subordinate officer. 4 the exercise of any power under this section shall be subject to the provisions of this act and the rules.

section 12. of the indotibetan border police force act : a subordinate officer, or an underofficer or other enrolled person who is retired, discharged, released, removed or dismissed from the service shall be furnished by the officer, to whose command he is subject, with a certificate in hindi or english language setting forth a the authority terminating his service b the cause for such termination and c the full period of his service in the force.

section 13. of the indotibetan border police force act : show related subordinates 1 no person subject to this act shall, without the previous sanction in writing of the central government or of the prescribed authority, a be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations or b be a member of, or be associated in any way with, any society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreational or religious nature or c communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature. explanation.if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause b of this subsection, the decision of the central government thereon shall be final. 2 no person subject to this act shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.

section 16. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a shamefully abandons or delivers up any post, place or guard, committed to his charge or which it is his duty to defend or b intentionally uses any means to compel or induce any person subject to this act or to any other law relating to military, naval, air force or any other armed force of the union to abstain from acting against the enemy or to discourage such person from acting against the enemy or c in the presence of the enemy or terrorist, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice or d treacherously holds correspondence with, or communicates intelligence to, the enemy, terrorist or any person in arms against the union or e directly or indirectly assists the enemy or terrorist with money, arms ammunition, stores or supplies or in any other manner whatsoever or f in time of active operation against the enemy or terrorist, intentionally occasions a false alarm in action, camp, quarters or spreads or causes to be spread reports calculated to create alarm or despondency or g in time of action leaves his commanding officer or other superior officer or his post, guard, picket, patrol or party without being regularly relieved or without leave or h having been captured by the enemy or made a prisoner of war, voluntarily serves with or aids the enemy or i knowingly harbours or protects an enemy, not being a prisoner or j being a sentry in time of active operation against the enemy or alarm, sleeps upon his post or is intoxicated or k knowingly does any act calculated to imperil the success of the force or the military, naval or air force of india or any forces cooperating therewith or any part of such forces, shall, on conviction by a force court, be liable to suffer death or such less punishment as is in this act mentioned.

section 15. of the indotibetan border police force act : any officer who deems himself wronged by his commanding officer or any other superior officer and who, on due application made to his commanding officer or such other superior officer, does not receive the redress to which he considers himself entitled, may complain to the directorgeneral or the central government through proper channel.

section 17. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a is taken prisoner or captured by the enemy, by want of due precaution or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner or so captured fails to rejoin his service when able to do so or b without due authority holds correspondence with, or communicates intelligence to, the enemy or any person in league with the enemy or having come by the knowledge of any such correspondence or communication, wilfully omits to discover it immediately to his commanding officer or other superior officer, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 18. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a forces a safeguard, or forces or uses criminal force to a sentry or b breaks into any house or other place in search of plunder or c being a sentry sleeps upon his post, or is intoxicated or d without orders from his superior officer leaves his guard, picket, patrol or post or e intentionally or through neglect occasions a false alarm in camp or quarters, or spreads or causes to be spread reports calculated to create unnecessary alarm or despondency or f makes known the parole, watchward or countersign to any person not entitled to receive it or knowingly gives a parole, watchward or a countersign different from what he received, shall, on conviction by a force court, i if he commits any such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and ii if he commits any such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 22. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a uses criminal force to or assaults his superior officer or b uses threatening language to such officer or c uses insubordinate language to such officer, shall, on conviction by a force court, i if such officer is at the time in the execution of his office or, if the offence is committed on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and ii in other cases, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned: provided that in the case of an offence specified in clause c the imprisonment shall not exceed five years.

section 21. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a absents himself without leave or b without sufficient cause overstays leave granted to him or c being on leave of absence and having received information from the appropriate authority that any battalion or part thereof or any other unit of the force, to which he belongs, has been ordered on active duty, fails, without sufficient cause, to rejoin without delay or d without sufficient cause fails to appear at the time fixed at the parade or place appointed for exercise or duty or e when on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march or f when in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any general, local or other order, without a pass or written leave from his superior officer or g without leave from his superior officer or without due cause, absents himself from any school or training institution when duly ordered to attend there, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 19. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a begins, incites, causes or conspires with any other person to cause any mutiny in the force or in the military, naval or airforce of india or any forces cooperating therewith or b joins in any such mutiny or c being present at any such mutiny, does not use his utmost endeavours to suppress the same or d knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not, without delay, give information thereof to his commanding officer or other superior officer or e endeavours to seduce any person in the force or in the military, naval or air force of india or any forces cooperating therewith from his duty or allegiance to the union, shall, on conviction by a force court, be liable to suffer death or such less punishment as is in this act mentioned.

section 20. of the indotibetan border police force act : show related subordinates 1 any person subject to this act who deserts or attempts to desert the service shall, on conviction by a force court, a if he commits the offence when on active duty or when under orders for active duty, be liable to suffer death or such less punishment as is in this act mentioned and b if he commits the offence under any other circumstances, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 2 any person subject to this act who knowingly harbours any such deserter shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned. 3 any person subject to this act who, being cognizant of any desertion or attempt at desertion of a person subject to this act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned. 4 for the purposes of this act, a person deserts, a if he absents from his unit or the place of duty at any time with the intention of not reporting back to such unit or place, or who, at any time and under any circumstances when absent from his unit or place of duty, does any act which shows that he has an intention of not reporting to such unit or place of duty b if he absents himself without leave with intent to avoid any active duty.

section 30. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a when in command of a guard, picket, patrol, detachment or post, releases without proper authority, whether wilfully or without reasonable excuse, any person committed to his charge, or refuses to receive any prisoner or person so committed or b wilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard, shall, on conviction by a force court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned and if he has not acted wilfully, to suffer imprisonment for a term which may extend to two years or such less punishment as is in this act mentioned.

section 23. of the indotibetan border police force act : show related subordinates 1 any person subject to this act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned. 2 any person subject to this act who disobeys any lawful command given by his superior officer shall, on conviction by a force court, a if he commits such offence when on active duty, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if he commits such offence when not on active duty, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 24. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a being concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults, any such officer or b uses criminal force to, or assaults, any person, whether subject to this act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer or c resists an escort whose duty it is to apprehend him or to have him in charge or d breaks out of barracks, camp or quarters or e neglects to obey any general, local or other order or f impedes the force police referred to in section 75 or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a force police or any person lawfully acting on his behalf, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clauses d and e, to two years, and in the case of the offences specified in the other clauses, to ten years, or in either case such less punishment as is in this act mentioned.

section 25. of the indotibetan border police force act : any person having become subject to this act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 29. of the indotibetan border police force act : 1 any person subject to this act who is found in a state of intoxication, whether on duty or not, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this act mentioned. 2 for the purposes of subsection 1, a person shall be deemed to be in a state of intoxication if, owing to the influence of alcohol or any drug whether alone, or any combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or, behaves in a disorderly manner or in a manner likely to bring discredit to the force.

section 26. of the indotibetan border police force act : any officer or subordinate officer who behaves in a manner unbecoming of his position and the character expected of him shall, on conviction by a force court, be liable to be dismissed or to suffer such less punishment as is in this act mentioned.

section 33. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a commits theft of any property belonging to the government, or to any force mess, band or institution, or to any person subject to this act or b dishonestly misappropriates or converts to his own use any such property or c commits criminal breach of trust in respect of any such property or d dishonestly receives or retains any such property in respect of which any of the offences under clauses a, b and c has been committed, knowing or having reason to believe the commission of such offence or e wilfully destroys or injures any property of the government entrusted to him or f does any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 27. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind or b malingers or feigns or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity or c with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 28. of the indotibetan border police force act : any officer, subordinate officer or underofficer, who uses criminal force to, or otherwise illtreats, any person subject to this act, being his subordinate in rank or position, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 34. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a commits extortion or b without proper authority exacts from any person money, provisions or service, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extent to ten years or such less punishment as in this act mentioned.

section 31. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation or b having committed a person to force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within fortyeight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this act mentioned.

section 32. of the indotibetan border police force act : show related subordinates any person subject to this act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 35. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a makes away with, or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the government issued to him for his use or entrusted to him or b loses by neglect anything mentioned in clause a or c sells, pawns, destroys or defaces any medal or decoration granted to him, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend, in the case of the offences specified in clause a, to ten years, and in the case of the offences specified in the other clauses, to five years, or in either case such less punishment as is in this act mentioned.

section 36. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a destroys or injures any property mentioned in clause a of section 35, or any property belonging to any force mess, band or institution, or to any person subject to this act or b commits any act which causes damage to, or destruction of, any property of the government by fire or c kills, injures, makes away with, illteats or loses any, animal entrusted to him, shall, on conviction by a force court, be liable, if he has acted wilfully, to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned and if he has acted without reasonable excuse, to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 42. of the indotibetan border police force act : any officer, subordinate officer or underofficer who, having received the pay of a person subject to this act unlawfully detains or refuses to pay the same when due, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this act mentioned.

section 37. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a makes a false accusation against any person subject to this act, knowing or having reason to believe such accusation to be false or b in making a complaint against any person subject to this act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 38. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement or b in any document of the description mentioned in clause a knowingly makes, or is privy to the making of, any omission, with intent to defraud or c knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce or d where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration or e obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this act mentioned.

section 43. of the indotibetan border police force act : any person subject to this act who is guilty of any act or omission which, though not specified in this act, is prejudicial to good order and discipline of the force shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 39. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a when signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the government fraudulently leaves in blank any material part for which his signature is a voucher or b refuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 41. of the indotibetan border police force act : show related subordinates any person subject to this act who, having been duly sworn or affirmed before any force court or other court competent under this act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 40. of the indotibetan border police force act : show related subordinates any person subject to this act who commits any of the following offences, that is to say, a being duly summoned or ordered to attend as a witness before a force court, wilfully or without reasonable excuse, makes default in attending or b refuses to take an oath or make an affirmation legally required by a force court to be taken or made or c refuses to produce or deliver any document in his power or control legally required by a force court to be produced or delivered by him or d refuses, when a witness, to answer any question which he is by law bound to answer or e is guilty of contempt of the force court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this act mentioned.

section 45. of the indotibetan border police force act : any person subject to this act who attempts to commit any of the offences specified in sections 16 to 44 both inclusive and in such attempt does any act towards the commission of the offence shall, on conviction by a force court, where no express provision is made by this act for the punishment of such attempt, be liable, a if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned and b if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 51. of the indotibetan border police force act : show related subordinates 1 punishments may be inflicted in respect of offences committed by persons subject to this act and convicted by force courts according to the scale following, that is to say, a death b imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in force custody c dismissal or removal from the service d compulsory retirement from the service e imprisonment for a term not exceeding three months in force custody f reduction to the ranks or to a lower rank or grade or a place in the list of their rank in the case of an underofficer g reduction to next lower rank in case of an officer or subordinate officer: provided that no officer shall be reduced to a rank lower than the one to which he was initially appointed h forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion i forfeiture of service for the purpose of increased pay or pension j fine, in respect of civil offences k severe reprimand or reprimand except in the case of persons below the rank of an underofficer l forfeiture of pay and allowances for a period not exceeding three months for an offence committed on active duty m forfeiture in the case of person sentenced to dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such dismissal n stoppage of pay and allowances until any proved loss or damage occasioned by the offence for which he is convicted is made good. 2 each of the punishments specified in subsection 1 shall be deemed to be inferior in degree to every punishment preceding it in the above scale.

section 44. of the indotibetan border police force act : any person subject to this act who commits any of the following offences, that is to say, a being in command at any post or on the march, and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority or b by defiling any place of worship, or otherwise, intentionally insults the religion, or wounds the religious feelings of any person or c attempts to commit suicide, and in such attempt does any act towards the commission of such offence or d being below the rank of subordinate officer, when off duty, appears without proper authority, in or about camp, or in or about, or when going to, or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon or e directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service or f commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving, shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.

section 46. of the indotibetan border police force act : any person subject to this act who abets the commission of any of the offences specified in sections 16 to 44 both inclusive shall, on conviction by a force court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment as is in this act mentioned.

section 48. of the indotibetan border police force act : any person subject to this act who abets the commission of any of the offences specified in sections 16 to 44 both inclusive and punishable with imprisonment shall, on conviction by a force court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to onehalf of the longest term provided for that offence or such less punishment as is in this act mentioned.

section 47. of the indotibetan border police force act : any person subject to this act who abets the commission of any of the offences punishable with death under sections 16, 19 and subsection 1 of section 20 shall, on conviction by a force court, if that offence be not committed in consequence of the abetment, and no express provision is made by this act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this act mentioned.

section 49. of the indotibetan border police force act : show related subordinates subject to the provisions of section 50, any person subject to this act who at any place in, or beyond, india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section shall be liable to be tried by a force court and, on conviction, be punishable as follows, that is to say, a if the offence is one which would be punishable under any law in force in india with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this act mentioned and b in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in india, or imprisonment for a term which may extend to seven years, or such less punishment as is in this act mentioned.

section 54. of the indotibetan border police force act : when on active duty an enrolled person has been sentenced by a force court to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment.

section 50. of the indotibetan border police force act : a person subject to this act who commits an offence of murder or culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this act shall not be deemed to be guilty of an offence against this act and shall not be tried by a force court, unless he commits any of the said offences a while on active duty or b at any place outside india or c at any place specified by the central government by notification, in this behalf.

section 52. of the indotibetan border police force act : subject to the provisions of this act, a force court may, on convicting a person subject to this act of any of the offences specified in sections 16 to 48 both inclusive award either the particular punishment with which the offence is stated in the said sections to be punishable or, in lieu thereof, any one of the punishments lower in the scale set out in section 51 regard being had to the nature and degree of the offence.

section 53. of the indotibetan border police force act : a force court may award in addition to, or without, any other punishment, the punishment specified in clause c of subsection 1 of section 51, or any one or more of the punishments specified in clauses f to n both inclusive of that subsection.

section 55. of the indotibetan border police force act : punishments may also be inflicted in respect of offences committed by persons subject to this act without the intervention of a force court in the manner stated in sections 56, 58 and 59.

section 56. of the indotibetan border police force act : show related subordinates 1 subject to the provisions of section 57, a commanding officer of and above the rank of commandant may, in the prescribed manner, proceed against a person subject to this act, other than an officer or a subordinate officer, who is charged with an offence under this act and award such person, to the extent prescribed, one or more of the following punishments, that is to say, a imprisonment in force custody up to twentyeight days b detention up to twentyeight days c confinement to the lines up to twentyeight days d extra guards or duties e deprivation of any special position or special emoluments or any acting rank f severe reprimand or reprimand g fine up to fourteen days pay in any one month h deductions from his pay and allowances of any sum required to make good any loss or damage occasioned by the offence for which he is punished. 2 if any unit, training centre or other establishment of the force is being temporarily commanded by an officer of the rank of secondincommand or deputy commandant, such officer shall have full powers of a commanding officer specified in subsection 1. 3 subject to the provisions of section 57, a deputy commandant or an assistant commandant, commanding a company or a detachment or an outpost, shall have the power to proceed against a person subject to this act, other than an officer or a subordinate officer, who is charged with an offence under this act and award such person to the extent prescribed, one or more of the punishments specified in clauses a to d and h of subsection 1 provided that the maximum limit of punishment awarded under each of the clauses a, b and c shall not exceed fourteen days. 4 a subordinate officer not below the rank of subinspector who is commanding a detachment or an outpost shall have the powers to proceed against a person subject to this act, other than a subordinate officer or an underofficer, who is charged with an offence under this act and award such person to the extent prescribed, one or more of the punishments specified under clauses c and d of subsection 1 provided that the maximum limit of punishment awarded under clause c shall not exceed fourteen days.

section 57. of the indotibetan border police force act : 1 in the case of an award of two or more of the punishments specified in clauses a, b, c and d of subsection 1 of section 56, the punishments specified in clause c or clause d shall take effect only at the end of the punishment specified in clause a or clause b. 2 when two or more of the punishments specified in clauses a, b and c of subsection 1 of section 56 are awarded to a person conjointly, or when already undergoing one or more of the said punishments, the whole extent of the punishments shall not exceed in the aggregate fortytwo days. 3 the punishments specified in clauses a, b and c of subsection 1 of section 56 shall not be awarded to any person who is of the rank of an underofficer or was, at the time of committing the offence for which he is punished, of such rank. 4 the punishment specified in clause f of subsection 1 of section 56 shall not be awarded to any person below the rank of an underofficer.

section 58. of the indotibetan border police force act : show related subordinates 1 an officer not below the rank of inspectorgeneral may, in the prescribed manner, proceed against an officer of or below the rank of commandant who is charged with an offence under this act and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a force court b severe reprimand or reprimand c deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. 2 an officer not below the rank of additional deputy inspectorgeneral may, in the prescribed manner, proceed against a person of or below the rank of subedarmajor who is charged with an offence under this act and award one or more of the following punishments, that is to say, a forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a force court b severe reprimand or reprimand c deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. 3 an officer not below the rank of commandant may, in the prescribed manner, proceed against a person of or below the rank of subedarmajor who is charged with an offence under this act and award any one or both of the following punishments, that is to say, a severe reprimand or reprimand b deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.

section 59. of the indotibetan border police force act : 1 in every case in which punishment has been awarded under section 58, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment to the prescribed superior authority who may, if the punishment awarded appears to him to be illegal, unjust or excessive, cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case. 2 for the purpose of subsection 1, a superior authority means, a any officer superior in command to such officer who has awarded the punishment b in the case of punishment awarded by directorgeneral, the central government.

section 60. of the indotibetan border police force act : show related subordinates 1 whenever any weapon or part of a weapon, or ammunition, forming part of the equipment of a unit, is lost or stolen, a commanding officer not below the rank of the commandant of that unit may, after making such enquiry as he thinks fit and subject to the rules, impose a collective fine upon the subordinate officers, underofficers and men of such unit, or upon so many of them as, in his judgment, should be held responsible for such loss or theft. 2 such fine shall be assessed as a percentage of the pay of the individuals on whom it falls.

section 61. of the indotibetan border police force act : show related subordinates 1 the following deductions may be made from the pay and allowances of an officer, that is to say, a all pay and allowances due to an officer for every day he absents himself without leave, unless a satisfactory explanation has been given to, and accepted by, the inspectorgeneral under whom he is for the time being serving b all pay and allowances for every day while he is in custody on a charge for an offence for which he is afterwards convicted by a criminal court or force court or by an officer exercising authority under section 58 c any sum required to make good the pay of any person subject to this act which he has unlawfully retained or unlawfully refused to pay d any sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the force court by which he is convicted of such offence or by an officer exercising authority under section 58 e all pay and allowances ordered by force court f any sum required to be paid as fine awarded by a criminal court or a force court g any sum required to make good any loss, damage or destruction of public or force property which, after due investigation, appears to the inspectorgeneral under whom the officer is for the time being serving, to have been occasioned by the wrongful act or negligence on the part of the officer h all pay and allowances forfeited by order of the central government if the officer is found by a court of inquiry constituted by the directorgeneral in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so i any sum required by order of the central government to be paid for the maintenance of his wife or his legitimate or illegitimate child or step child towards the cost of any relief given by the said government to the said wife or child. 2 subject to the provisions of section 63, the following deductions may be made from the pay and allowances of a person subject to this act, other than an officer, that is to say, a all pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war unless a satisfactory explanation has been given and accepted by his commanding officer and for every day of imprisonment awarded by a criminal court, force court or an officer exercising authority under section 56 b all pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or force court or on a charge of absence without leave for which he is afterwards awarded imprisonment by an officer exercising authority under section 56 c all pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this act committed by him d for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by the order of the directorgeneral e all pay and allowances ordered by force court or by an officer exercising authority under any of the sections 56 and 58 to be forfeited or stopped f all pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of the enemy g any sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the central government or to any building or property or any private fund of the force as may be awarded by his commanding officer h any sum required to pay a fine awarded by a criminal court, force court exercising jurisdiction under section 49 or an officer exercising authority under any of the sections 56 and 60 i any sum required by order of the central government or any prescribed officer to be paid for the maintenance of his wife, or his legitimate child or illegitimate child or step child or towards the cost of any relief given by the said government to the said wife or child. 3 for computation of time of absence or custody under this section, a no person shall be treated as absent or in custody for a day unless the absence or custody has lasted, whether wholly in one day, or partly in one day and partly in another for six consecutive hours or upwards b any absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any duty as member of the force which was thereby thrown upon some other person c absence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody d a period of absence, or imprisonment, which commences before, and ends after, midnight may be reckoned as a day.

section 62. of the indotibetan border police force act : show related subordinates in the case of any person subject to this act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause b of subsections 1 and 2 of section 61.

section 63. of the indotibetan border police force act : the total deductions from the pay and allowances of a person made under clauses e and g to i of subsection 2 of section 61 shall not, except where he is sentenced to dismissal or removal, exceed in any one month onehalf of his pay and allowances for that month.

section 64. of the indotibetan border police force act : any sum authorised by this act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.

section 65. of the indotibetan border police force act : show related subordinates where the conduct of any person subject to this act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this act or any other law, the directorgeneral or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such enquiry.

section 66. of the indotibetan border police force act : show related subordinates any deduction from pay and allowances authorised by this act may be remitted in such manner and to such extent, and by such authority, as may from time to time be prescribed.

section 67. of the indotibetan border police force act : 1 in the case of all persons subject to this act, being prisoners of war, whose pay and allowances have been forfeited under clause h of subsection 1 or clause a of subsection 2 of section 61 but in respect of whom a remission has been made under section 66, it shall be lawful for proper provisions to be made by the central government or by the directorgeneral when so authorised by the central government out of such pay and allowances for any dependants of such persons and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances. 2 it shall be lawful for proper provision to be made by the central government or by the directorgeneral when so authorised by the central government for any dependants of any person subject to this act who is a prisoner of war, or is missing, out of his pay and allowances.

section 68. of the indotibetan border police force act : for the purposes of section 67, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 65 and if he is dismissed from the service in consequence of such conduct, until the date of such dismissal.

section 69. of the indotibetan border police force act : 1 any person subject to this act who is charged with an offence may be taken into force custody under the order of any superior officer. 2 notwithstanding anything contained in subsection 1, an officer may order into force custody any other officer, though such other officer may be of a higher rank, engaged in a quarrel, affray or disorder.

section 76. of the indotibetan border police force act : for the purposes of this act there shall be three kinds of force courts, that is to say, a general force courts b petty force courts and c summary force courts.

section 70. of the indotibetan border police force act : show related subordinates 1 it shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than fortyeight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having regard to the public service. 2 the case of every person being detained in custody beyond a period of fortyeight hours, and the reasons therefor, shall be reported by the commanding officer to the next higher officer or such other officer to whom an application may be made to convene a force court for the trial of the person charged. 3 in reckoning the period of fortyeight hours specified in subsection 1, sundays and other public holidays shall be excluded. 4 subject to the provisions of this act, the central government may make rules providing for the manner in which and the period for which any person subject to this act may be taken into and detained in force custody, pending the trial by any competent authority for any offence committed by him.

section 72. of the indotibetan border police force act : whenever any person subject to this act, who is accused of an offence under this act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to force custody of such person upon receipt of a written application to that effect signed by his commanding officer or an officer authorised by the commanding officer in that behalf.

section 71. of the indotibetan border police force act : show related subordinates in every case where any such person as is mentioned in section 69 and as is not on active duty, remains in such custody for a longer period than eight days without a force court for his trial being convened, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed, and a similar report shall be forwarded at intervals of every eight days until a force court is convened or such person is released from custody.

section 73. of the indotibetan border police force act : 1 whenever any person subject to this act deserts, the commanding officer of the unit to which he belongs or is attached, shall give information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into force custody. 2 any police officer may arrest without warrant any person reasonably believed to be subject to this act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law

section 74. of the indotibetan border police force act : show related subordinates 1 when any person subject to this act has been absent from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable, be appointed by such authority and in such manner as may be prescribed and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries and if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commanding officer of the unit to which the person belongs or is attached, shall make a record thereof in the prescribed manner. 2 if the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this act, be deemed to be a deserter.

section 75. of the indotibetan border police force act : show related subordinates 1 the directorgeneral or any prescribed officer may appoint persons in this act referred to as force police for discharging the functions specified in subsections 2 and 3. 2 the duties of a person appointed under subsection 1 are to take charge of persons confined for any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving in, or attached to the force. 3 notwithstanding anything contained in section 69, a person appointed under subsection 1 may, at any time, arrest and detain for trial any person subject to this act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a force court or by an officer exercising authority under section 56 but shall not inflict any punishment on his own authority: provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

section 77. of the indotibetan border police force act : a general force court may be convened by the central government or the directorgeneral or by any officer empowered in this behalf by warrant of the directorgeneral.

section 85. of the indotibetan border police force act : a petty force court shall have the power to try any person subject to this act other than an officer or a subordinate officer for any offence made punishable thereunder and to pass any sentence authorised by this act other than a sentence of death or imprisonment for a term exceeding two years.

section 78. of the indotibetan border police force act : a petty force court may be convened by an officer having power to convene a general force court or by an officer empowered in this behalf by warrant of any such officer.

section 81. of the indotibetan border police force act : a petty force court shall consist of not less than three officers.

section 79. of the indotibetan border police force act : a warrant issued under section 77 or section 78 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.

section 80. of the indotibetan border police force act : a general force court shall consist of not less than five officers.

section 84. of the indotibetan border police force act : a general force court shall have the power to try any person subject to this act for any offence punishable thereunder and to pass any sentence authorised thereby.

section 82. of the indotibetan border police force act : 1 a summary force court may be held by the commanding officer of any unit and he alone shall constitute the court. 2 the proceedings shall be attended throughout by two other persons who shall be officers or subordinate officers or one of either, and who shall not as such, be sworn or affirmed.

section 83. of the indotibetan border police force act : show related subordinates 1 if a force court after the commencement of a trial is reduced below the minimum number of officers required by this act, it shall be dissolved. 2 if, on account of the illness of the concerned judge attorney or, as the case may be, deputy judge attorneygeneral or additional judge attorneygeneral or of the accused before the finding, it is impossible to continue the trial, the force court shall be dissolved. 3 the authority or officer who convened a force court may dissolve the same if it appears to him that the exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the said force court. 4 where a force court is dissolved under this section, the accused may be tried again.

section 93. of the indotibetan border police force act : 1 when a criminal court having jurisdiction is of opinion that proceedings shall be instituted before itself in respect of any alleged offence, it may, by written notice, require the officer referred to in section 92 at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings, pending a reference to the central government. 2 in every such case the said officer shall either deliver over the offender in compliance with the requisition, or shall forthwith refer the question as to the court before which the proceedings are to be instituted, for the determination of the central government whose order upon such reference shall be final.

section 86. of the indotibetan border police force act : show related subordinates 1 subject to the provisions of subsection 2, a summary force court may try any offence punishable under this act. 2 when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a petty force court for the trial of the alleged offender, an officer holding a summary force court shall not try without such reference any offence punishable under any of the sections 16, 19 and 49, or any offence against the officer holding the court. 3 a summary force court may try any person subject to this act and under the command of the officer holding the court, except an officer or a subordinate officer. 4 a summary force court may pass any sentence which may be passed under this act, except the sentence of death or of imprisonment for a term exceeding the limit specified in subsection 5. 5 the limit referred to in subsection 4 shall be, a one year, if the officer holding the force court holds the rank not below that of a commandant b three months, in any other case.

section 87. of the indotibetan border police force act : show related subordinates 1 when any person, subject to this act has been acquitted or convicted of an offence by a force court or by a criminal court or has been dealt with under section 56 or section 58, he shall not be liable to be tried again for the same offence by a force court or dealt with under the said sections. 2 when any person subject to this act, has been acquitted or convicted of an offence by a force court or has been dealt with under section 56 or section 58, he shall not be liable to be tried again by a criminal court for the same offence or on the same facts.

section 88. of the indotibetan border police force act : show related subordinates 1 except as provided by subsection 2, no trial by a force court of any person subject to this act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. 2 the provisions of subsection 1 shall not apply to a trial for an offence of desertion or for any of the offences mentioned in section 19. 3 in the computation of the period of time mentioned in subsection 1, any time spent by such person in evading arrest after the commission of the offence, shall be excluded.

section 89., of offender who ceases to be subject to this act. of the indotibetan border police force act : 1 where an offence under this act had been committed by any person while subject to this act, and he has ceased to be so subject, he may be taken into and kept in force custody and tried and punished for such offence as if he continued to be so subject. 2 no such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this act: provided that nothing contained in this subsection shall apply to the trial of any such person for an offence of desertion or for any of the offences mentioned in section 19 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a force court.

section 92. of the indotibetan border police force act : show related subordinates when a criminal court and a force court have each jurisdiction in respect of an offence, it shall be in the discretion of the directorgeneral or the additional directorgeneral or the inspectorgeneral or the deputy inspectorgeneral or the additional deputy inspectorgeneral within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the proceedings shall be instituted, and if that officer decides that they shall be instituted before a force court, to direct that the accused person shall be detained in force custody.

section 90. of the indotibetan border police force act : 1 when a person subject to this act is sentenced by a force court to imprisonment, this act shall apply to him during the term of his sentence, though he is dismissed from the force, or has otherwise ceased to be subject to this act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this act. 2 when a person subject to this act is sentenced by a force court to death, this act shall apply to him till the sentence is carried out.

section 91. of the indotibetan border police force act : any person subject to this act who commits any offence against it may be tried and punished for such offence in any place whatever.

section 100. of the indotibetan border police force act : a force court may take judicial notice of any matter within the general knowledge of the members as officers of the force.

section 94. of the indotibetan border police force act : at every general force court or petty force court, the senior member shall be the presiding officer.

section 95. of the indotibetan border police force act : every general force court shall, and every petty force court may, be attended by a judge attorney or a deputy judge attorneygeneral or an additional judge attorneygeneral, or, if no such officer is available, an officer approved by the judge attorneygeneral or by any officer authorised in this behalf by the judge attorneygeneral.

section 96. of the indotibetan border police force act : show related subordinates 1 at all trials by a general force court or by a petty force court, as soon as the court is assembled, the names of the presiding officer and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. 2 if the accused objects to such officer, his objection and also the reply thereto of the officer objected to shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer decide on the objection. 3 if the objection is allowed by onehalf or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner, by another officer subject to the same right of the accused to object. 4 when no challenge is made, or when a challenge has been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.

section 99. of the indotibetan border police force act : show related subordinates the indian evidence act, 1 of , shall, subject to the provisions of this act, apply to all proceedings before a force court.

section 97. of the indotibetan border police force act : 1 an oath or affirmation in the prescribed manner shall be administered to every member of the force court and to the judge attorney, or, as the case may be, the deputy judge attorneygeneral or the additional judge attorneygeneral or the officer approved under section 95, before the commencement of the trial. 2 every person giving evidence before a force court shall be examined after being duly sworn or affirmed in the prescribed form. 3 the provisions of subsection 2 shall not apply where the witness is a child under twelve years of age and the force court is of opinion that though the witness understands the duty of speaking the truth, he does not understand the nature of an oath or affirmation.

section 98. of the indotibetan border police force act : 1 subject to the provisions of subsections 2 and 3, every decision of a force court shall be passed by an absolute majority of votes and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused. 2 no sentence of death shall be passed by a general force court without the concurrence of at least twothirds of the members of the court. 3 in matters other than a challenge or the finding or sentence, the presiding officer shall have a casting vote.

section 108. of the indotibetan border police force act : show related subordinates 1 a letter, return or other document respecting the service of any person in, or the dismissal, removal or discharge of any person from, any unit of the force, or respecting the circumstances of any person not having served in, or belonged to, any unit of the force, if purporting to be signed by or on behalf of the central government or the directorgeneral, or by any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 2 a force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers, subordinate officers therein mentioned, and of any appointment held by them and of the battalion, unit, or branch of the force to which they belong. 3 where a record is made in any battalion book in pursuance of this act or of any rules made thereunder or otherwise in the discharge of official duties, and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. 4 a copy of any record in any office of the force purporting to be certified to be a true copy by the officer having custody of such book shall be evidence of such record. 5 where any person subject to this act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person subject to this act, or any unit of the force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the unit to which such person belongs or is attached, as the case may be, and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed, shall be evidence of the matters so stated. 6 where any person subject to this act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a certificate purporting to be signed by such police officer and stating the fact, date and place of such surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so stated. 7 a any document purporting to be a report under the hand of a government scientific expert to whom this subsection applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this act, may be used as evidence in any inquiry, trial or other proceeding under this act. b the force court may, if it thinks fit, summon and examine any such expert as to the subject matter of his report. c where any such expert is summoned by a force court and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally, depute an officer who is conversant with the facts of the case to depose in the court on his behalf. d this subsection applies to the government scientific experts, for the time being specified in subsection 4 of section 293 of the code of criminal procedure, 2 of .

section 101. of the indotibetan border police force act : 1 the convening officer, the presiding officer of a force court, the judge attorney or, as the case may be, the deputy judge attorneygeneral or the additional judge attorneygeneral or the officer approved under section 95 or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing. 2 in the case of a witness who is subject to this act or any other act relating to the armed forces of the union, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly. 3 in the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness were required in the court of such a magistrate. 4 when a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision.

section 107. of the indotibetan border police force act : 1 any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this act, be evidence of the person enrolled having given the answers to questions which he is therein represented as having given. 2 the enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper or service record.

section 103. of the indotibetan border police force act : 1 whenever, in the course of a trial by a force court, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may address the judge attorneygeneral in order that a commission to take the evidence of such witness may be issued. 2 the judge attorneygeneral may then, if he thinks necessary, issue a commission to any metropolitan magistrate or judicial magistrate of the first class, within the local limits of whose jurisdiction such witness resides, to take the evidence of such witness. 3 the magistrate to whom the commission is issued, or, if he is the chief metropolitan magistrate, or chief judicial magistrate, or such metropolitan magistrate, or judicial magistrate, as he appoints in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in the trials of warrantcases under the code of criminal procedure, 2 of . 4 when the witness resides in a tribal area or in any place outside india, the commission may be issued in the manner specified in chapter xxiii of the code of criminal procedure, 2 of .

section 104. of the indotibetan border police force act : 1 the prosecutor and the accused person in any case in which a commission is issued under section 103 may respectively forward any interrogatories in writing which the court may think relevant to the issue, and the magistrate executing the commission shall examine the witness upon such interrogatories. 2 the prosecutor and the accused person may appear before such magistrate by counsel, or, except in the case of an accused person in custody, in person, and may examine, crossexamine, and reexamine, as the case may be, the said witness. 3 after a commission issued under section 103 has been duly executed, it shall be returned together with the deposition of the witness examined thereunder to the judge attorneygeneral. 4 on receipt of a commission and deposition returned under subsection 3, the judge attorneygeneral shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. 5 in every case in which a commission is issued under section 103, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.

section 105. of the indotibetan border police force act : show related subordinates a person charged before a force court a with desertion may be found guilty of attempting to desert or of being absent without leave b with attempting to desert may be found guilty of being absent without leave c with using criminal force may be found guilty of assault d with using threatening language may be found guilty of using insubordinate language e with any one of the offences specified in clauses a, b, c and d of section 33 may be found guilty of any other of these offences with which he might have been charged f with an offence punishable under section 49 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the code of criminal procedure, 2 of , were applicable g with any offence under this act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment h with any offence under this act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged.

section 106. of the indotibetan border police force act : in any proceeding under this act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the government shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.

section 109. of the indotibetan border police force act : 1 if at any trial for desertion or absence without leave, overstaying leave or not rejoining when warned for service, the accused person states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the service of the government, or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court shall address such officer and adjourn the proceedings until his reply is received. 2 the written reply of any officer so referred to shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court. 3 if the court is dissolved before the receipt of such reply or if the court omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial.

section 110. of the indotibetan border police force act : 1 when any person subject to this act has been convicted by a force court of any offence, such force court may inquire into, and receive, and record evidence of any previous convictions of such person, either by a force court or by a criminal court, or any previous award of punishment under section 56 or section 58, and may further inquire into and record the general character of such person and such other matters as may be prescribed. 2 evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, books of force courts or other official records and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. 3 at a summary force court, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.

section 115. of the indotibetan border police force act : where any relative or friend of any person who is in custody under subsection 4 of section 111 or under detention under subsection 5 of that section desires that he should be delivered to his care and custody, the central government may, upon application by such relative or friend and, on his giving security to the satisfaction of that government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the central government may direct, order such person to be delivered to such relative or friend.

section 111. of the indotibetan border police force act : show related subordinates 1 whenever, in the course of a trial by a force court, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. 2 the presiding officer of the court, or, in the case of a summary force court, the officer holding the trial, shall forthwith report the case to the confirming officer, or to the authority empowered to deal with its finding under section 129, as the case may be. 3 the confirming officer to whom the case is reported under subsection 2 may, if he does not confirm the finding, take steps to have the accused person tried by the same or another force court for the offence with which he was charged. 4 the authority to whom the finding of a summary force court is reported under subsection 2 and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the central government. 5 on receipt of a report under subsection 4, the central government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.

section 112. of the indotibetan border police force act : show related subordinates where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 111, any officer prescribed in this behalf, may a if such person is in custody under subsection 4 of section 111, on the report of a medical officer that he is capable of making his defence, or b if such person is detained in a jail under subsection 5 of section 111, on a certificate of the inspectorgeneral of prisons, and if such person is detained in a lunatic asylum under the said subsection, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that subsection, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another force court for the offence with which he was originally charged or, if the offence is a civil offence, by a criminal court.

section 116. of the indotibetan border police force act : when any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a force court during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

section 113. of the indotibetan border police force act : a copy of every order made by an officer under section 112 for the trial of the accused shall forthwith be sent to the central government.

section 114. of the indotibetan border police force act : where any person is in custody under subsection 4 of section 111 or under detention under subsection 5 of that section, a if such person is in custody under the said subsection 4, on the report of a medical officer, or b if such person is detained under the said subsection 5, on a certificate from any of the authorities mentioned in clause b of section 112 that in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the central government may order that such person be released or detained in custody or transferred to a public lunatic asylum if he has not already been sent to such an asylum.

section 117. of the indotibetan border police force act : show related subordinates 1 after the conclusion of a trial before any force court, the court or the officer confirming the finding or sentence of such force court, or any authority superior to such officer, or, in the case of a summary force court whose finding or sentence does not require confirmation, an officer not below the rank of additional deputy inspectorgeneral within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. 2 where any order has been made under subsection 1 in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within india or not, be sent to a magistrate within whose jurisdiction such property for the time being is situated, and such magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by him under the provisions of the code of criminal procedure, 2 of . 3 in this section, the term property includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.

section 123. of the indotibetan border police force act : the findings and sentences of a petty force court may be confirmed by an officer having power to convene a general force court or by any officer empowered in this behalf by warrant of such officer.

section 118. of the indotibetan border police force act : any trial by a force court under the provisions of this act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code 45 of and the force court shall be deemed to be a court within the meaning of sections 345 and 346 of the code of criminal procedure, 2 of .

section 119. of the indotibetan border police force act : 1 with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence triable by a force court other than a summary force court under this act, the commanding officer, the convening officer or the force court, at any stage of the investigation or inquiry into or the trial of, the offence, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. 2 the commanding officer or the convening officer who tenders a pardon under subsection 1 shall record a his reasons for so doing b whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. 3 every person accepting a tender of pardon made under subsection 1 a shall be examined as a witness by the commanding officer of the accused and in the subsequent trial, if any b may be detained in force custody until the termination of the trial.

section 120. of the indotibetan border police force act : 1 where, in regard to a person who has accepted a tender of pardon made under section 119, the judge attorney, or as the case may be, the deputy judge attorneygeneral or the additional judge attorneygeneral or the officer approved under section 95, certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the conditions on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: provided that such person shall not be tried jointly with any of the other accused. 2 any statement made by such person accepting the tender of pardon and recorded by his commanding officer or force court may be given in evidence against him at such trial. 3 at such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made in which case it shall be for the prosecution to prove that the condition has not been complied with. 4 at such trial, the force court shall, before arraignment, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. 5 if the accused does so plead, the court shall record the plea and proceed with the trial and it shall, before giving its finding on the charge, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall give a verdict of not guilty.

section 121. of the indotibetan border police force act : no finding or sentence of a general force court or a petty force court shall be valid except so far as it may be confirmed as provided by this act.

section 122. of the indotibetan border police force act : the findings and sentences of general force courts may be confirmed by the central government or by any officer empowered in this behalf by warrant of the central government.

section 124. of the indotibetan border police force act : a warrant issued under section 122 or section 123 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.

section 130. of the indotibetan border police force act : show related subordinates 1 where a finding of guilty by a force court, which has been confirmed or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 142 to commute the punishment awarded by the sentence, if the finding had been valid may substitute a new finding and pass a sentence for the offence specified or involved in such finding: provided that no such substitution shall be made unless such finding could have been validly made by the force court on the charge and unless it appears that the force court must have been satisfied of the facts establishing the said offence. 2 where a sentence passed by a force court which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under subsection 1, is found for any reason to be invalid, the authority referred to in subsection 1 may pass a valid sentence. 3 the punishment awarded by a sentence passed under subsection 1 or subsection 2 shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. 4 any finding substituted, or any sentence passed, under this section shall, for the purposes of this act and the rules, have effect as if it were a finding or sentence, as the case may be, of a force court.

section 125. of the indotibetan border police force act : subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 122 or section 123, a confirming authority may, when confirming the sentence of a force court, mitigate or remit the punishment thereby awarded or commute that punishment for any punishment or punishments lower in the scale laid down in section 51.

section 126. of the indotibetan border police force act : when any person subject to this act is tried and sentenced by a force court while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship, may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.

section 127. of the indotibetan border police force act : show related subordinates 1 any finding or sentence of a force court which requires confirmation may be once revised by order of the confirming authority and on such revision, the court, if so directed by the confirming authority, may take additional evidence. 2 the court, on revision, shall consist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent. 3 in case of such unavoidable absence the cause thereof shall be duly certified in the proceedings, and the court shall proceed with the revision, provided that, if a general force court, it still consists of five officers, or, if a petty force court, of three officers.

section 129. of the indotibetan border police force act : the proceedings of every summary force court shall, without delay be forwarded to the officer not below the rank of additional deputy inspectorgeneral within whose command the trial was held, or to the prescribed officer, and such officer, or the directorgeneral or any officer empowered by him in this behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the court might have passed.

section 128. of the indotibetan border police force act : the finding and sentence of a summary force court shall not require to be confirmed, but may be carried out forthwith.

section 131. of the indotibetan border police force act : show related subordinates 1 any person subject to this act who considers himself aggrieved by any order passed by any force court may present a petition to the officer or authority empowered to confirm any finding or sentence of such force court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. 2 any person subject to this act who considers himself aggrieved by a finding or sentence of any force court which has been confirmed, may present a petition to the central government, the directorgeneral or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the central government, the directorgeneral, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.

section 137. of the indotibetan border police force act : whenever, in the opinion of an officer not below the rank of additional deputy inspectorgeneral within whose command the trial is held, any sentence or portion of a sentence of imprisonment cannot for special reasons conveniently be carried out in force custody in accordance with the provisions of section 135, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.

section 133. of the indotibetan border police force act : in awarding a sentence of death, a force court shall, in its discretion direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.

section 132. of the indotibetan border police force act : show related subordinates the central government, the directorgeneral or any prescribed officer may annul the proceedings of any force court on the ground that they are illegal or unjust.

section 134. of the indotibetan border police force act : whenever any person is sentenced by a force court under this act to imprisonment, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the presiding officer, or in the case of a summary force court, by the court: provided that i if for any reason, beyond the control of the commanding officer or superior officer, the sentence of imprisonment cannot be executed in full or in part, the convict shall be liable to undergo the whole or unexpired portion of sentence, as the case may be, when it becomes possible to carry out the same ii the period of detention or confinement, if any, undergone by an accused person, during the investigation, inquiry or trial of the case in which he is sentenced and before the date on which the original proceedings were signed shall be set off against the term of his sentence and the liability of such person to undergo imprisonment shall be restricted to the remainder, if any of the term of his sentence.

section 135. of the indotibetan border police force act : show related subordinates 1 whenever any sentence of imprisonment is passed under this act by a force court or whenever any sentence of death is commuted to imprisonment, the confirming officer or in case of a summary force court the officer holding the court or such other officer as may be prescribed shall, save as otherwise provided in subsections 3 and 4, direct that the sentence shall be carried out by confinement in a civil prison. 2 when a direction has been made under subsection 1, the commanding officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which such person is to be confined and shall arrange for his dispatch to such prison with the warrant. 3 in the case of a sentence of imprisonment for a period not exceeding three months and passed under this act by a force court, the appropriate officer under subsection 1 may direct that the sentence shall be carried out by confinement in force custody instead of in a civil prison. 4 on active duty, a sentence of imprisonment may be carried out by confinement in such place as the officer not below the rank of additional deputy inspectorgeneral within whose command the person sentenced is serving or any prescribed officer may from time to time appoint.

section 136. of the indotibetan border police force act : where a sentence of imprisonment is directed to be undergone in a civil prison, the offender may be kept in force custody or in any other fit place till such time as it is possible to send him to a civil prison.

section 138. of the indotibetan border police force act : a person under sentence of imprisonment may during his conveyance from place to place, or when on board a ship, aircraft, or otherwise, be subjected to such restraint as is necessary for his safe conduct and removal.

section 144. of the indotibetan border police force act : 1 where a person subject to this act is sentenced by a force court to imprisonment, the central government, the directorgeneral or any officer empowered to convene a general force court may suspend the sentence whether or not the offender has already been committed to prison or to force custody. 2 the authority or officer specified in subsection 1 may, in the case of an offender so sentenced direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to force custody. 3 the powers conferred by subsections 1 and 2 may be exercised in the case of any such sentence which has been confirmed, reduced or commuted.

section 139. of the indotibetan border police force act : show related subordinates whenever an order is duly made under this act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such other person as may be prescribed, to the officer in charge of the prison in which such person is confined.

section 140. of the indotibetan border police force act : when a sentence of fine is imposed by a force court under section 49, a copy of such sentence signed and certified by the confirming officer, or where no confirmation is required, by the officer holding the trial may be sent to any magistrate in india, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the code of criminal procedure, 2 of , as if it were a sentence of fine imposed by such magistrate.

section 141. of the indotibetan border police force act : whenever any person is sentenced to imprisonment under this act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this act, the confinement of such person shall not be deemed to be illegal only by reason of informality or error in, or as respects, the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or, is confined in any such place, and any such order, warrant or document may be amended accordingly.

section 142. of the indotibetan border police force act : when any person subject to this act has been convicted by a force court of any offence, the central government or the directorgeneral or, in the case of a sentence, which he could have confirmed or which did not require confirmation, an officer not below the rank of additional deputy inspectorgeneral within whose command such person at the time of conviction was serving, or the prescribed officer may, a either with or without conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishments awarded or b mitigate the punishment awarded or c commute such punishment for any less punishment or punishments mentioned in this act or d either with or without conditions which the person sentenced accepts, release the person on parole.

section 143. of the indotibetan border police force act : 1 if any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon, release or remission had not been granted. 2 a person whose sentence of imprisonment is carried into effect under the provisions of subsection 1 shall undergo only the unexpired portion of his sentence.

section 145. of the indotibetan border police force act : 1 where the sentence referred to in section 144 is imposed by a force court other than a summary force court, the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to force custody until the orders of the authority or officer specified in section 144 have been obtained. 2 where a sentence of imprisonment is imposed by a summary force court, the officer holding the trial may make the direction referred to in subsection 1.

section 151. of the indotibetan border police force act : the powers conferred by sections 144 and 148 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.

section 147. of the indotibetan border police force act : any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.

section 148. of the indotibetan border police force act : the authority or officer specified in section 144 may, at any time while a sentence is suspended, order a that the offender be committed to undergo the unexpired portion of the sentence or b that the sentence be remitted.

section 146. of the indotibetan border police force act : where a sentence is suspended under section 144, the offender shall forthwith be released from custody

section 150. of the indotibetan border police force act : where an offender, while a sentence on him is suspended under this act, is sentenced for any other offence, then a if the further sentence is also suspended under this act, the two sentences shall run concurrently b if the further sentence is for a period of three months or for and is not suspended under this act, the offender shall also be committed to prison or force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently and c if the further sentence is for a period of less than three months and is not suspended under this act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 148 or section 149, continue to be suspended.

section 152. of the indotibetan border police force act : 1 where in addition to any other sentence the punishment of dismissal has been awarded by a force court, and such other sentence is suspended under section 144, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 144. 2 if such other sentence is remitted under section 148, the punishment of dismissal shall also be remitted.

section 157. of the indotibetan border police force act : 1 the indotibetan border police force in existence at the commencement of this act shall be deemed to be the force constituted under this act. 2 the members of the indotibetan border police force in existence at the commencement of this act shall be deemed to have been appointed or, as the case may be, enrolled as such under this act. 3 anything done or any action taken before the commencement of this act in relation to the constitution of the indotibetan border police force referred to in subsection 1, in relation to any person appointed or enrolled, as the case may be, thereto, shall be as valid and as effective in law as if such thing or action was done or taken under this act: provided that nothing in this subsection shall render any person guilty of any offence in respect of anything done or omitted to be done by him before the commencement of this act.

section 153. of the indotibetan border police force act : show related subordinates 1 the officers and other members of the force shall be classified in accordance with their ranks in the following categories, namely: a officers i directorgeneral. ii additional directorgeneral. iii inspectorgeneral. iv deputy inspectorgeneral. v additional deputy inspectorgeneral. vi commandant. vii secondincommand. viii deputy commandant. ix assistant commandant. b subordinate officers i subedarmajor. ii subedar/inspector. iii subinspector. c under officers i head constable. ii naik. iii lance naik. d enrolled persons other than under officersconstable. 2 the matters relating to inter se seniority of persons belonging to the same rank shall be determined in accordance with such rules as may be prescribed. 3 notwithstanding anything contained in this act, the directorgeneral may, subject to confirmation of the central government as provided hereinafter, grant to an officer or a subedarmajor of the force a rank, mentioned in clause a of subsection 1 as a local rank, whenever considered necessary by him in the interest of better functioning of the force. 4 an officer of the force holding a local rank, a shall exercise the command and be vested with the powers of an officer holding that rank b shall cease to hold that rank if the grant of such rank is not confirmed within one month by the central government or when so ordered by the directorgeneral or when he ceases to hold the appointment for which the rank was granted c shall not be entitled to claim any seniority over other officers of the force by virtue of having held such rank and d shall not be entitled to any extra pay and allowances for holding such rank. explanation i.assistant commandant shall also include a joint assistant commandant in case of personnel belonging to cadres of motor mechanic, combatant ministerial and combatant stenographer of the force. explanation ii.subinspector shall include an assistant subinspector in case of personnel belonging to combatant ministerial cadre of the force.

section 154. of the indotibetan border police force act : show related subordinates 1 the central government may, by general or special order published in the official gazette, direct that, subject to such conditions and limitations as may be specified in the order, any member of the force may exercise or discharge such of the powers or duties under any central act as may be specified in the said order, being the powers and duties which, in the opinion of the central government, an officer of the corresponding or lower rank is by such central act empowered to exercise or discharge for the said purposes. 2 the central government may, by general or special order published in the official gazette, confer or impose, with the concurrence of the state government concerned, any of the powers or duties which may be exercised or discharged under a state act by a police officer upon a member of the force who, in the opinion of the central government, holds a corresponding or higher rank. 3 every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

section 155. of the indotibetan border police force act : show related subordinates 1 in any suit or proceeding against any member of the force for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order. 2 any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved the member of the force shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order. 3 notwithstanding anything contained in any other law for the time being in force, any legal proceeding whether civil or criminal which may lawfully be brought against any member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of any provision of this act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior officer at least one month before the commencement of such proceeding.

section 156. of the indotibetan border police force act : show related subordinates 1 the central government may, by notification, make rules for the purpose of carrying into effect the provisions of this act. 2 in particular, and without prejudice to the generality of the foregoing power, such rules may provide for a the constitution, governance, command and discipline of the force b the enrolment of persons to the force and the recruitment of other members of the force c the conditions of service including deductions from pay and allowances of members of the force d the precedence, powers of command and authority of the officers, subordinate officers, underofficers and other persons subject to this act e the dismissal, removal, retirement, release or discharge from the service of persons subject to this act f the purposes and other matters required to be prescribed under section 13 g the amount and incidence of fine to be imposed under section 60 h the convening, constitution, adjournment, dissolution and sittings of force courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat i the confirmation, revision and annulment of, and petitions against, the findings and sentences of force courts j the forms of orders to be made under the provisions of this act relating to force courts and the awards and infliction of death, imprisonment and detention k the constitution of authorities to decide for what persons, to what amounts and in what manner, provisions should be made for dependants under section 67 and the due carrying out of such decisions l the carrying into effect of sentences of force courts m any matter necessary for the purpose of carrying this act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this act n the ceremonials to be observed and marks of respect to be paid in the force o the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts p the recruitment and conditions of service of judge attorneygeneral, additional judge attorneygeneral, deputy judge attorneygeneral and judge attorney q the disposal of the private or regimental property, or any other dues including provident fund of persons subject to this act who die or desert or are ascertained to be of unsound mind or while on active duty are officially reported as missing r any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules. 3 every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

section 149. of the indotibetan border police force act : 1 where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer not below the rank of an additional deputy inspectorgeneral duly authorised by the authority or officer specified in section 144. 2 where on such reconsideration by the officer so authorised it appears to him that the conduct of offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 144.

section 7a. of the factories act : 17a. general duties of the occupier.1 every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. 2 without prejudice to the generality of the provisions of subsection 1, the matters to which such duty extends, shall include a the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health b the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances c the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work d the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks e the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. 3 except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. state amendment tamil nadu insertion of new section 7aa.after section 7a of the factories act, central act lxiii of , the following section shall be inserted, namely: 7aa. occupier of match or fire works factory to insure workers.1 the occupier of every factory wherein the manufacture of match or fire works is carried on shall get every worker employed in the factory insured for a sum of not less than fifty thousand rupees and keep the insurance alive so long as the worker is employed in the factory. the payment of premium for such insurance shall be the liability of the occupier. 2 the occupier shall send to the chief inspector a report containing the details of the insurance referred to in subsection 1 at such intervals with such particulars, in such form and in such manner as may be prescribed by the state government. 3 if an occupier fails to comply with the provisions of subsection 1, the chief inspector may, after giving the occupier an opportunity of being heard and after considering the representation, if any, cancel the licence granted under this act.. vide tamil nadu act 29 of , s. 2 1. ins. by act 20 of , s. 4 w.e.f. .

section 1. of the factories act : show related subordinates 1 this act may be called the factories act, . 12 it extends to the whole of india 2 . 3 it shall come into force on the 1st day of april . 1. subs. by the a.o. , for subsection 2. 2. the words except the state of jammu and kashmir omitted by act 51 of , s. 2 and the schedule w.e.f. .

section 2. of the factories act : in this act, unless there is anything repugnant in the subject or context, a adult means a person who has completed his eighteenth year of age b adolescent means a person who has completed his fifteenth year of age but has not completed his eighteenth year 1bb calendar year means the period of twelve months beginning with the first day of january in any year c child means a person who has not completed his fifteenth year of age 2ca competent person, in relation to any provision of this act, means a person or an institution recognised as such by the chief inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under the provisions of this act having regard to i the qualifications and experience of the person and facilities available at his disposal or ii the qualifications and experience of the persons employed in such institution and facilities available therein, with regard to the conduct of such tests, examinations and inspections, and more than one person or institution can be recognised as a competent person in relation to a factory cb hazardous process means any process or activity in relation to an industry specified in the first schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, byeproducts, wastes or effluents thereof would i cause material impairment to the health of the persons engaged in or connected therewith, or ii result in the pollution or the general environment: provided that the state government may, by notification in the official gazette, amend the first schedule by way of addition, omission or variation of any industry specified in the said schedule d young person means a person who is either a child or an adolescent e day means a period of twentyfour hours beginning at midnight f week means a period of seven days beginning at midnight on saturday night or such other night as may be approved in writing for a particular area by the chief inspector of factories g power means electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency h prime mover means any engine, motor or other appliance which generates or otherwise provides power i transmission machinery means any shaft, wheel, drum, pulley, system of pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to or received by any machinery or appliance j machinery includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied k manufacturing process means any process for i making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal or 3ii pumping oil, water, sewage or any other substance or iii generating, transforming or transmitting power or 4iv composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding 5or v constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels 5or 5vi preserving or storing any article in cold storage l worker means a person 6employed, directly or by or through any agency including a contractor with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the manufacturing process, or the subject of the manufacturing process 5but does not include any member of the armed forces of the union m factory means any premises including the precincts thereof i whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or ii whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on, but does not include a mine subject to the operation of 7the mines act, 35 of , or 8a mobile mobile unit belonging to the armed forces of the union, railway running shed or a hotel, restaurant or eating place. 9explanation 10ifor computing the number of workers for the purposes of this clause all the workers in 11different groups and relays in a day shall be taken into account 12explanation ii.for the purposes of this clause, the mere fact that an electronic data processing unit or a computer unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof n occupier of a factory means the person who has ultimate control over the affairs of the factory 13. 12provided that i in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier ii in the case of a company, any one of the directors shall be deemed to be the occupier iii in the case of a factory owned or controlled by the central government or any state government, or any local authority, the person or persons appointed to manage the affairs of the factory by the central government, the stale government or the local authority, as the case may be, shall be deemed to be the occupier: 914provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, 1 the owner of the dock shall be deemed to be the occupier for the purposes of any matter provided for by or under a section 6, section 7, 12section 7a, section 7b, section 11 or section 12 b section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock c section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance 2 the owner of the ship or his agent or master or other officerincharge of the ship or any person who contracts with such owner, agent or master or other officerincharge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 save as otherwise provided in this proviso or chapter iv except section 27 or section 43, section 44 or section 45, chapter vi, chapter vii, chapter viii or chapter ix or section 108, section 109 or section 110, in relation to a the workers employed directly by him, or by or through any agency and b the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officerincharge or person 15 p prescribed means prescribed by rules made by the state government under this act 16 r where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a 17group or relay and each of such periods is called a shift. state amendment maharashtra amendment of section 2 of 63 of .in section 2 of the factories act, 63 of , in its application to the state of maharashtra hereinafter referred to as the principal act, in clause m, a in subclause i, after the words whereon ten or more workers the words or such number of workers as may be specified by the state government by notification, from time to time shall be inserted b in subclause ii, after the words whereon twenty or more workers the words or such number of workers as may be specified by the state government by notification, from time to time shall be inserted c after subclause ii, the following proviso shall be inserted, namely: provided that, the number of workers to be specified by the state government in subclauses i and ii shall not exceed twenty and forty workers, respectively.. vide maharashtra act 40 of , s. 2. ladakh ut. section 2.in clause m, i in subclauses i for the words ten or more workers, the words twenty or more workers shall be substituted ii in subclauseii, for the words twenty or more workers, the words forty or more workers shall be substituted. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated .. jammu and kashmir ut. section 2.in clause m, in subclauses i and ii, for ten and twenty, substitute twenty and forty respectively. .vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated .. uttar pradesh amendment of section 63 of .in section 2 of the factories act, as amended in its application to uttar pradesh, herein after referred to as principal act, in clause m, i in subclause i, for the words ten or more, the words twenty or more shall be substituted ii in subclause ii, for the words twenty or more, the words forty or more shall be substituted. vide uttar pradesh act 13 of , s. 2 arunachal pradesh amendment of section 2.in section 2 of the factories act, central act 63 of , as in force in the state of arunachal pradesh hereinafter referred to as the principal act, in clause m, i in subclause i, for the words ten or more workers , the words twenty or more workers shall be substituted. ii in subclause ii, for the words twenty or more workers the words forty or more workers shall be substituted. vide arunachal pradesh act 6 of , s. 2 rajasthan amendment of section 2, central act no. 63 of . in section 2 of the factories act, central act no. 63 of , in its application to the state of rajasthan, hereinafter referred to as the principal act, i in subclause i of clause m, for the existing word ten, the word twenty shall be substituted and ii in subclause ii of clause m, for the existing word twenty, the word forty shall be substituted. vide rajasthan act 20 of , s. 2 1. ins. by act 25 of , s. 2 w.e.f. . 2. ins. by act 20 of , s. 2 w.e.f. . 3. subs. by act 94 of , s. 2, for subclause ii w.e.f. . 4. subs. by act 25 of , s. 2, for subclause iv w.e.f. . 5. ins. by act 94 of , s. 2 w.e.f. . 6. subs. by s. 2, ibid., for employed, directly or through any agency, whether for wages or not w.e.f. . 7. subs. by act 25 of , s. 2, for the indian mines act, 4 of w.e.f. . 8. subs. by act 94 of , s. 2, for a railway running shed w.e.f. . 9. ins. by act 94 of , s. 2 w.e.f. . 10. the explanation renumbered as explanation i by act 20 of , s. 2 w.e.f. . 11. subs. by s. 2, ibid., for different relays w.e.f. . 12. ins. by s. 2, ibid. w.e.f. . 13. certain words omitted by s. 2, ibid. w.e.f. . 14. subs. by s. 2, ibid., for provided that w.e.f. . 15. omitted by s. 2, ibid. w.e.f. . 16. omitted by the a. o. . 17. subs. by act 20 of , s. 2, for relay w.e.f. ,

section 7. of the factories act : 1 the occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the chief inspector a written notice containing a the name and situation of the factory b the name and address of the occupier 1bb the name and address of the owner of the premises or building including the precincts thereof referred to in section 93 c the address to which communications relating to the factory may be sent d the nature of the manufacturing process i carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this act and ii to be carried on in the factory during the next twelve months in the case of all factories 2e the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate standby plant f the name of the manager of the factory for the purposes of this act g the number of workers likely to be employed in the factory h the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this act i such other particulars as may be prescribed. 2 in respect of all establishments which come within the scope of the act for the first time, the occupier shall send a written notice to the chief inspector containing the particulars specified in subsection 1 within thirty days from the date of the commencement of this act. 3 before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the chief inspector containing the particulars specified in subsection 1 3at least thirty days before the date of the commencement of work. 4 whenever a new manager is appointed, the occupier shall send to the 4inspector a written notice and to the chief inspector a copy thereof within seven days from the date on which such person takes over charge. 5 during any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this act. 1. ins. by act 25 of , s. 4 w.e.f. . 2. subs. by act 94 of , s. 5, for clause e w.e.f. . 3. subs. by act 40 of , s. 3 and the second schedule, for within thirty days w.e.f. . 4. subs. by act 25 of , s. 4, for chief inspector a written notice w.e.f. .

section 7b., as regards articles and substances for use in factories. of the factories act : 17b. general duties of manufacturers, etc., as regards articles and substances for use in factories.1 every person who designs, manufactures, imports or supplies any article for use in any factory, shall a ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used b carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause a c take such steps as may be necessary to ensure that adequate information will be available i in connection with the use of the article in any factory ii about the use for which it is designed and tested and iii about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: provided that where an article is designed or manufactured outside india, it shall be obligatory on the part of the importer to see a that the article conforms to the same standards if such article is manufactured in india, or b if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in india, that the article conforms to such standards. 2 every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise. 3 nothing contained in subsections 1 and 2 shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said subsections. 4 any duty imposed on any person by subsections 1 and 2 shall extend only to things done in the course of business carried on by him and to matters within his control. 5 where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause a of subsection 1 to such extent as is reasonable having regard to the terms of the undertaking. 6 for the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article. explanation.for the purposes of this section, article shall include plant and machinery. 1. ins. by act 20 of , s. 4 w.e.f. . . ins. by s. 4, ibid. w.e.f. .

section 3. of the factories act : in this act references to time of day are references to indian standard time, being five and a half hours ahead of greenwich mean time: provided that for any area in which indian standard time is not ordinarily observed the state government may make rules a specifying the area, b defining the local mean time ordinarily observed therein, and c permitting such time to be observed in all or any of the factories situated in the area.

section 4. of the factories act : 14. power to declare different departments to be separate factories or two or more factories to be a single factory.the state government may, 2on its own or on an application made in this behalf by an occupier, direct, by an order in writing 2and subject to such conditions as it may deem fit that for all or any of the purposes of this act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory: 3provided that no order under this section shall be made by the state government on its own motion unless an opportunity of being heard is given to the occupier. 1. subs. by act 25 of , s. 3, for section 4 w.e.f. . 2. ins. by act 20 of , s. 3 w.e.f. . 3. added by s. 3, ibid. w.e.f. .

section 8. of the factories act : 1 the state government may, by notification in the official gazette, appoint such persons as possess the prescribed qualification to be inspectors for the purposes of this act and may assign to them such local limits as it may think fit. 2 the state government may, by notification in the official gazette, appoint any person to be a chief inspector who shall, in addition to the powers conferred on a chief inspector under this act, exercise the powers of an inspector throughout the state. 12a the state government may, by notification in the official gazette, appoint as many additional chief inspectors, joint chief inspectors and deputy chief inspectors and as many other officers as it thinks fit to assist the chief inspector and to exercise such of the powers of the chief inspector as may be specified in such notification. 2b every additional chief inspector, joint chief inspector, deputy chief inspector and every other officer appointed under subsection 2a shall, in addition to the powers of a chief inspector specified in the notification by which he is appointed, exercise the power of an inspector throughout the state. 3 no person shall be appointed under subsection 1, subsection 2 1, subsection 2a or subsection 5 or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith. 4 every district magistrate shall be an inspector for his district. 5 the state government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional inspectors for all or any of the purposes of this act, within such local limits as it may assign to them respectively. 6 in any area where there are more inspectors than one the state government may, by notification as aforesaid, declare the powers, which such inspectors shall respectively exercise and the inspector to whom the prescribed notices are to be sent. 7 2every chief inspector, additional chief inspector, joint chief inspector, deputy chief inspector, inspector and every other officer appointed under this section shall be deemed to be a public servant within the meaning of the indian penal code 45 of , and shall be officially subordinate to such authority as the state government may specify in this behalf. 1. ins. by act 94 of , s. 6 w.e.f. . 2. subs. by s. 6, ibid., for every chief inspector and inspector w.e.f. .

section 5. of the factories act : in any case of public emergency the state government may, by notification in the official gazette, exempt any factory or class or description of factories from all or any of the provisions of this act 1except section 67 for such period and subject to such conditions as it may think fit: provided that no such notification shall be made for a period exceeding three months at a time. 2explanation.for the purposes of this section public emergency means a grave emergency whereby the security of india or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance. 1. ins. by the a.o. . 2. ins. by act 94 of , s. 3 w.e.f. .

section 6. of the factories act : 1 the state government may make rules 1a requiring, for the purposes of this act, the submission of plans of any class or description of factories to the chief inspector or the state government 2aa requiring, the previous permission in writing of the state government or the chief inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories b requiring for the purpose of considering applications for such permission the submission of plans and specifications c prescribing the nature of such plans and specifications and by whom they shall be certified d requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences e requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given. 2 if on an application for permission referred to in 3clause aa of subsection 1 accompanied by the plans and specifications required by the rules made under clause b of that subsection, sent to the state government or chief inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted. 3 where a state government or a chief inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the central government if the decision appealed from was of the state government and to the state government in any other case. explanation.a factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery 4if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health. 1. ins. by s. 4, ibid. w.e.f. . 2. clause a relettered as clause aa by s. 4, ibid. w.e.f. . 3. subs. by s. 4, ibid., for clause a w.e.f. . 4. ins. by act 94 of , s. 4 w.e.f. .

section 11. of the factories act : 1 every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular a accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner b the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method c where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained d all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall i where they are 1painted otherwise than with washable waterpaint or varnished, be repainted or revarnished at least once in every period of five years 2ia where they are painted with washable waterpaint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months ii where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed iii in any other case, be kept whitewashed, or colourwashed, and the whitewashing or colourwashing shall be carried out at least once in every period of fourteen months 2dd all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years e the dates on which the processes required by clause d are carried out shall be entered in the prescribed register. 2 if, in view of the nature of the operations carried on 3in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of subsection 1, the state government may by order exempt such factory or class or description of factories 4or part from any of the provisions of that subsection and specify alternative methods for keeping the factory in a clean stale 1. subs. by act 94 of , s. 8, for painted w.e.f. . 2. ins. by s. 8, ibid. w.e.f. . 3. subs. by act 94 of , s. 8, for in a factory w.e.f. . 4. ins. by s. 8, ibid. w.e.f. .

section 12. of the factories act : 11 effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal. 2 the state government may make rules prescribing the arrangements to be made under subsection 1 or requiring that the arrangements made in accordance with subsection 1 shall be approved by such authority as may be prescribed. 1. subs. by s. 9, ibid., for subsection 1 w.e.f. .

section 9. of the factories act : subject to any rules made in this behalf, an inspector may, within the local limits for which he is appointed, a enter, with such assistants, being persons in the service of the government, or any local or other public authority, 1or with an expert as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory 2b make examination of the premises, plant, machinery, article or substance c inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry d require the production of any prescribed register or any other document relating to the factory e seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this act, which he has reason to believe, has been committed f direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed whether generally or in particular respects for so long as is necessary for the purpose of any examination under clause b g take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause b, taking with him any necessary instrument or equipment h in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this act, and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination i exercise such other powers as may be prescribed. 1. ins. by act 20 of , s. 5 w.e.f. . 2. subs. by s. 5, ibid., for clauses b and c w.e.f. .

section 10. of the factories act : 1 the state government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this act within such local limits or for such factory or class or description of factories as it may assign to them respectively. 2 a certifying surgeon may, with the approval of the state government, authorise any qualified medical practitioner to exercise any of his powers under this act for such period as the certifying surgeon may specify and subject to such conditions as the state government may think fit to impose, and references in this act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised. 3 no person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any patent or machinery connected therewith or is otherwise in the employ of the factory: 1provided that the state government may, by order in writing and subject to such conditions as may be specified in the order, exempt any person or class of persons from the provisions of this subsection in respect of any factory or class or description of factories. 4 the certifying surgeon shall carry out such duties as may be prescribed in connection with a the examination and certification of young persons under this act b the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed c the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where i cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein ii by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process iii young persons are, or are about to be, employed in any work which is likely to cause injury to their health. explanation.in this section qualified medical practitioner means a person holding a qualification granted by an authority specified in the schedule to the indian medical degrees act, 7 of , or in the schedules to the indian medical council act, 27 of 2 . 1. ins. by act 94 of , s. 7 w.e.f. . 2. see now the indian medical council act, of .

section 13. of the factories act : 1 effective and suitable provision shall be made in ever factory for securing and maintaining in every workroom a adequate ventilation by the circulation of fresh air, and b such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health and in particular, i walls and roofs shall be of such material and so designed that such temperature shall not be exceeded bill kept as tow as practicable ii where the nature of the work carried on in the factory involves, or is likely to involve the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means. 2 the state government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that 1proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained. 23 if it appears to the chief inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under subsection 2, serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date. 1. subs. by act 20 of , s. 6, for certain words w.e.f. . 2. subs. by s. 6, ibid., for subsection 3 w.e.f. .

section 18. of the factories act : 1 in every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. 2 all such points shall be legibly marked drinking water in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 1six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination unless a shorter distance is approved in writing by the chief inspector. 3 in every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof. 4 in respect of all factories or any class or description of factories the state government may make rules for securing compliance with the provisions of subsections 1, 2 and 3 and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. 1. subs. by act 20 of , s. 8, for twenty feet of any washing place, urinal or latrine w.e.f. .

section 14. of the factories act : 1 in every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. 2 in any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.

section 17. of the factories act : 1 in every part of a factory where workers are working of passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both. 2 in every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under subsection 3 of section 13 will allow, free from obstruction. 3 in every factory effective provision shall, so far as is practicable, be made for the prevention of a glare, either directly from a source of light or by reflection from a smooth or polished surface: b the formation of shadows to such an extent as to cause eyestrain or the risk of accident to any worker. 4 the state government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process.

section 21. of the factories act : 1 in every factory the following, namely: i every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not ii the headrace and tailrace of every waterwheel and water turbine: iii any part of a stockbar which projects beyond the head stock of a lathe and iv unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely: a every part of an electric generator, a motor or rotary converter b every part of transmission machinery and c every dangerous part of any other machinery shall be securely fenced by safeguards of substantial construction which 1shall be constantly maintained and kept in position while the parts of machinery the y are fencing are in motion or in use: 2provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when i it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or ii in the case of any part of a transmission machinery used in such process as may be prescribed being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery, it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of subsection 1 of section 22. 2 the state government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section. 1. subs. by act 94 of , s. 10, for shall be kept in position w.e.f. . 2. subs. by s. 10, ibid., for the proviso w.e.f. .

section 22. of the factories act : 1 1where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out a in a case referred to in clause i of the proviso to subsection 1 of section 21, lubrication or other adjusting operation or b in a case referred to in clause ii of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing which shall be supplied by the occupier whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engaged, a such worker shall not handle a belt at a moving pulley unless i the belt is not more than fifteen centimetres in width ii the pulley is normally for the purpose of drive and not merely a flywheel or balance wheel in which case a belt is not permissible iii the belt joint is either laced or flush with the belt iv the belt, including the joint and the pulley rim, are in good repair v there is reasonable clearance between the pulley and any fixed plant or structure vi secure foothold and, where necessary, secure handhold, are provided for the operator and vii any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person b without prejudice to any other provision of this act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact. 22 no woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. 3 the state government may, by notification in the official gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion. 1. subs. by s. 11, ibid., for the opening paragraph and clause a w.e.f. . 2. subs. by act 25 of , s. 6, for subsection 2 w.e.f. .

section 15. of the factories act : 1 in respect of all factories in which the humidity of the air is artificially increased, the state government may make rules, a prescribing standards of humidification b regulating the methods used for artificially increasing the humidity of the air c directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded d prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. 2 in any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used. 3 if it appears to an inspector that the water used in a factory for increasing humidity which is required to be effectively purified under subsection 2 is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date.

section 16. of the factories act : 1 no room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. 2 without prejudice to the generality of subsection 1 there shall be in every workroom of a factory in existence on the date of the commencement of this act at least 19.9 cubic metres and of a factory built after the commencement of this act at least 214.2 cubic metres of space for every worker employed therein, and for the purposes of this subsection no account shall be taken of any space which is more than 34.2 metres above the level of the floor of the room. 3 if the chief inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. 4 the chief inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. 1. subs. by act 20 of , s. 7, for three hundred and fifty cubic feet w.e.f. . 2. subs. by s. 7, ibid., for five hundred cubic feet w.e.f. . 3. subs. by s. 7, ibid., for fourteen feet w.e.f. .

section 23. of the factories act : 1 no young person 1shall be required or allowed to work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and a has received sufficient training in work at the machine, or b is under adequate supervision by a person who has a thorough knowledge and experience of the machine. 2 subsection 1 shall apply to such machines as may be prescribed by the state government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. 1. subs. by act 20 of , s. 10, for shall work w.e.f. .

section 19. of the factories act : 1 in every factory a sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory b separate enclosed accommodation shall be provided for male and female workers c such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the chief inspector, communicate with any work room except through an intervening open space or ventilated passage d all such accommodation shall be maintained in a clean and sanitary condition at all times e sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. 2 in every factory wherein more than two hundred and fifty workers are ordinarily employed a all latrine and urinal accommodation shall be of prescribed sanitary types b the floors and internal walls, up to a height of 1ninety centimetres, of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface c without prejudice to the provisions of clauses d and e of subsection 1, the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. 3 the state government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. 1. subs. by s. 9, ibid., for three feet w.e.f. .

section 20. of the factories act : 1 in every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. 2 the state government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. 3 no person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. 4 whoever spits in contravention of subsection 3 shall be punishable with fine not exceeding five rupees.

section 31. of the factories act : 11 if in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded. 2 the state government may make rules providing for the examination and testing of any plant or machinery such as is referred to in subsection 1 and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories. 23 the state government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in subsection 1 from the provisions of this section. 1. subs. by s. 15, ibid., for subsection 1 w.e.f. . 2. ins. by act 94 of , s. 13 w.e.f. .

section 24. of the factories act : 1 in every factory a suitable striking gear or other efficient mechanical appliance shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and such gear or appliances shall be so constructed, placed and maintained as to prevent the belt from creeping back on the fast pulley b driving belts when not in use shall not be allowed to rest or ride upon shafting in motion. 2 in every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom: provided that in respect of factories in operation before the commencement of this act, the provisions of this subsection shall apply only to workrooms in which electricity is used as power. 13 when a device, which can inadvertently shift from off to on position, is provided in a factory to cut off power, arrangements shall be provided for locking the device in safe position to prevent accidental starting of the transmission machinery or other machines to which the device is fitted. 1. ins. by act 94 of , s. 12 w.e.f. .

section 25. of the factories act : no traversing part of a selfacting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of 1fortyfive centimetres from any fixed structure which is not part of the machine: provided that the chief inspector may permit the continued use of a machine installed before the commencement of this act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. 1. subs. by act 20 of , s. 11, for eighteen inches w.e.f. .

section 26. of the factories act : 1 in all machinery driven by power and installed in any factory after the commencement of this act, a every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger b all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. 2 whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold or let on hire, for use in a factory any machinery driven by power which does not comply with the provisions of 1subsection 1 or any rules made under subsection 3, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 23 the state government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines. 1. subs. by act 25 of , s. 7, for subsection 1 w.e.f. . 2. subs. by s. 7, ibid., for subsection 3 w.e.f. .

section 30. of the factories act : 1 1in every factory in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. 2 the speeds indicated in notices under subsection 1 shall not be exceeded. 3 effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded. 1. subs. by s. 14, ibid., for in every room in a factory w.e.f. .

section 27. of the factories act : no woman or child shall be employed in any part of a factory for pressing cotton in which a cotton opener is at work: provided that if the feedend of a cottonopener is in a room separated from the delivery end by a partition extending to the roof or to such height as the inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feedend is situated.

section 28. of the factories act : 1 in every factory a every hoist and lift shall be i of good mechanical construction, sound material and adequate strength ii properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination b every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part c the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon d the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing e every gate referred to in clause b or clause d shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. 2 the following additional requirement shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this act, namely: a where the cage is supported by rope or chain, there shall be at least two ropes of chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load b efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments c an efficient automatic device shall be provided and maintained to prevent the cage from overrunning. 3 the chief inspector may permit the continued, use of a hoist of lift installed in a factory before the commencement of this act which does not fully comply with the provisions of subsection 1 upon such conditions for ensuring safely as he may think fit to impose. 4 the state government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of subsections 1 and 2, by order direct that such requirement shall not apply to such class or description of hoist or lift. 1explanation.for the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides. 1. ins. by act 20 of , s. 12 w.e.f. .

section 32. of the factories act : in every factory a all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained 1and shall be kept free from obstructions and substances likely to cause persons to slip, and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails b there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work. 2c when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working. 1. ins. by s. 14, ibid. w.e.f. . 2. subs. by act 20 of , s. 16, for clause c w.e.f. .

section 34. of the factories act : 1 no person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. 2 the state government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process.

section 29. of the factories act : 129. lifting machines, chains, ropes and lifting tackles.1 in any factory the following provisions shall be complied with in respect of every lifting machine other than a hoist and lift and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials: a all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be i of good construction, sound material and adequate strength and free from defects ii properly maintained and iii thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the chief inspector may specify in writing and a register shall be kept containing the prescribed particulars of every such examination b no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises c while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within 2six metres of that place. 2 the state government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories a prescribing further requirements to be complied with in addition to those set out in this section b providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable. 3 for the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safely of the parts examined. explanation.in this section. a lifting machine means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway 3b lifting tackle means any chain sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines. 1. subs. by act 25 of , s. 8, for section 29 w.e.f. . 2. subs. by act 20 of , s. 13, for twenty feet w.e.f. . 3. subs. by s. 13, ibid., for clause b w.e.f. .

section 36. of the factories act : 136. precautions against dangerous fumes, gases, etc.1 no person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. 2 no person shall be required or allowed to enter any confined space as is referred to in subsection 1, until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless a a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust or b such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space. 1. subs. by s. 17, ibid., for section 36 w.e.f. .

section 33. of the factories act : 1 in every factory every fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reason of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced. 2 the state government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section.

section 35. of the factories act : in respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves a risk of injury to the eyes from particles or fragments thrown off in the course of the process, or b risk to the eyes by reason of exposure to excessive light, the state government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process.

section 38. of the factories act : 138. precautions in case of fire.1 in every factory, all practicable measures shall he taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain a safe means of escape for all persons in the event of a fire, and b the necessary equipment and facilities for extinguishing fire. 2 effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. 3 the state government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of subsections 1 and 2. 4 notwithstanding anything contained in clause a of subsection 1 or subsection 2, if the chief inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause a of subsection 1 or subsection 2, are inadequate, he may, by order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order. 1. subs. by act 20 of , s. 19, for section 38 w.e.f. .

section 40. of the factories act : 1 if it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on 1the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date. 2 if it appears to the inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on 1the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered. 1. subs. by act 94 of , s. 18, for the manager w.e.f. .

section 36a. of the factories act : 136a. precautions regarding the use of portable electric light.in any factory a no portable electric light or any other electric appliance of voltage exceeding twentyfour volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space 2unless adequate safety devices are provided and b if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that flameproof construction shall be permitted to be used therein. 1. ins. by act 94 of , s. 16 w.e.f. . 2. ins. by act 20 of , s. 18 w.e.f. .

section 37. of the factories act : 1 where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode on ignition, all practicable measure shall be taken to prevent any such explosion by a effective enclosure of the plant or machinery used in the process b removal or prevention of the accumulation of such dust, gas, fume or vapour c exclusion or effective enclosure of all possible sources of ignition. 2 where in any factory the plant or machinery used in a process such as is referred to in subsection 1 is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provision in the plant or machinery of chokes, baffles, vents or other effective appliances. 3 where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely: a before the fastening of any joint of any pipe connected with the part or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stopvalve or other means b before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure c where any such fastening as aforesaid has been loosened or removed effective measures shall be taken or prevent any explosive or inflammable gas or vapour from entering the part or pipe until the fastening has been secured, or the case may be, securely replaced provided that the provisions of this subsection shall not apply in the case of plant or machinery installed in the open air. 4 no plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes nonexplosive or noninflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. 5 the state government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section.

section 41. of the factories act : the state government may make rules requiring the provision in any factory or in any class or description of factories of such further 1devices and measures for securing the safety of persons employed therein as it may deem necessary. 1. subs. by s. 20, ibid., for devices w.e.f. .

section 39. of the factories act : if it appears to the inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on 1the occupier or manger or both of the factory an order in writing requiring him before a specified date a to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or b to carry out such tests in such manner as may be specified in the order, and to inform the inspector of the results thereof. 1. subs. by act 94 of , s. 18, for the manager w.e.f. .

section 41d. of the factories act : 141d. power of central government to appoint inquiry committee.1 the central government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an inquiry committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere. 2 the committee appointed under subsection 1 shall consist of a chairman and two other members and the terms of reference of the committee and the tenure of office of its members shall be such as may be determined by the central government according to the requirements of the situation. 3 the recommendations of the committee shall be advisory in nature. 1. ins. by act 20 of , s. 20 w.e.f. .

section 40a. of the factories act : 140a. maintenance of buildings.if it appears to the inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order. 1. ins. by s. 19, ibid. w.e.f. .

section 40b. of the factories act : 140b. safety officers. 1 in every factory i wherein one thousand or more workers are ordinarily employed, or ii wherein, in the opinion of the state government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so, required by the state government by notification in the official gazette, employ such number of safety officers as may be specified in that notification. 2 the duties, qualifications and conditions of service of safety officers shall be such as may be prescribed by the state government. 1. ins. by s. 19, ibid. w.e.f. .

section 41a. of the factories act : 141a. constitution of site appraisal committee.1 the state government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of an such factory, appoint a site appraisal committee consisting of a the chief inspector of the state who shall be its chairman b a representative of the central board for the prevention and control of water pollution appointed by the central government under section 3 of the water prevention and control of pollution act, 6 of c a representative of the central board for the prevention and control of air pollution referred to in section 3 of the air prevention and control of pollution act, 14 of d a representative of the state board appointed under section 4 of the water prevention and control of pollution act, 6 of e a representative of the state board for the prevention and control of air pollution referred to in section 5 of the air prevention and control of pollution act, 14 of f a representative of the department of environment in the state g a representative of the meteorological department of the government of india h an expert in the field of occupational health and i a representative of the town planning department of the state government, and not more than five other members who may be coopted by the state government who shall be i a scientist having specialised knowledge of the hazardous process which will be involved in the factory, ii a representative of the local authority within whose jurisdiction the factory is to be established, and iii not more than three other persons as deemed fit by the state government. 2 the site appraisal committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the state government within a period of ninety days of the receipt of such application in the prescribed form. 3 where any process relates to a factory owned or controlled by the central government or to a corporation or a company owned or controlled by the central government, the state government shall coopt in the site appraisal committee a representative nominated by the central government as a member of that committee. 4 the site appraisal committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. 5 where the state government has granted approval to an application for the establishment or expansion of a factory involving a hazardous process, it shall not be necessary for an applicant to obtain a further approval from the central board or the state board established under the water prevention and control of pollution act, 6 of and the air prevention and control of pollution act, 14 of . 1. ins. by act 20 of , s. 20 w.e.f. .

section 41b. of the factories act : 141b. compulsory disclosure of information by the occupier.1 the occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufactures, transportation, storage and other processes, to the workers employed in the factory, the chief inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. 2 the occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the chief inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the chief inspector and the local authority of any change made in the said policy. 3 the information furnished under subsection 1 shall include accurate information as to the quantity, specification and other characteristics of wastes and the manner of their disposal. 4 every occupier shall, with the approval of the chief inspector, draw up an onsite emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place. 5 every occupier of a factory shall, a if such factory engaged in a hazardous process on the commencement of the factories amendment act, 20 of , within a period of thirty days of such commencement and b if such factory proposes to engaged in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the chief inspector of the nature and details of the process in such form and in such manner as may be prescribed. 6 where any occupier of a factory contravenes the provisions of subsection 5, the licence issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier or factory shall be subjected to under the provisions of this act, be liable for cancellation. 7 the occupier of a factory involving a hazardous process shall, with the previous approval of the chief inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicise them in the manner prescribed among the workers and the general public living in the vicinity. 1. ins. by act 20 of , s. 20 w.e.f. .

section 41g. of the factories act : 11g. workers participation in safety management.1 the occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a safety committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodical the measures taken in that behalf: provided that the state government may, by order in writing and for reasons to be recorded exempt the occupier of any factory or class of factories from setting up such committee. 2 the composition of the safety committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed. 1. ins. by act 20 of , s. 20 w.e.f. .

section 41c. of the factories act : 141c. specific responsibility of the occupier in relation to hazardous processes.every occupier of a factory involving any hazardous process shall a maintain accurate and uptodate health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed b appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the chief inspector shall be final c provide for medical examination of every worker a before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and b while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed. 1. ins. by act 20 of , s. 20 w.e.f. .

section 41e. of the factories act : 141e. emergency standards.1 where the central government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the directorgeneral of factory advice service and labour institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. 2 the emergency standards laid down under subsection 1 shall, until they are incorporated in the rules made under this act, be enforceable and have the same effect as if they had been incorporated in the rules made under this act. 1. ins. by act 20 of , s. 20 w.e.f. .

section 42. of the factories act : 1 in every factory a adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein b separate and adequately screened facilities shall be provided for the use of male and female workers c such facilities shall be conveniently accessible and shall be kept clean. 2 the state government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

section 41h. of the factories act : 141h. right of workers to warn about imminent danger.1 where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the safety committee and simultaneously bring the same to the notice of the inspector. 2 it shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest inspector. 3 if the occupier, agent, manager or the person in charge referred to in subsection 2 is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest inspector whose decision on the question of the existence of such imminent danger shall be final. 1. ins. by act 20 of , s. 20 w.e.f. .

section 41f. of the factories act : 141f. permissible limits of exposure of chemical and toxic substances.1 the maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes whether hazardous or otherwise in any factory shall be of the value indicated in the second schedule. 2 the central government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field by notification in the official gazette, make suitable changes in the said schedule. 1. ins. by act 20 of , s. 20 w.e.f. . ins. by act 20 of , s. 20 w.e.f. .

section 43. of the factories act : the state government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn daring working hours and for the drying of wet clothing.

section 49. of the factories act : 1 in every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. 2 the state government may prescribe the duties, qualifications and conditions of service of officers employed under subsection 1. state amendment karnataka amendment of section 49.in section 49 of the principal act, 1 in subsection 1, for the words five hundred the words two hundred shall be substituted 2 after subsection 1, the following shall be inserted, namely: 1a in every factory where two hundred or more women workers are ordinarily employed the occupier shall employ in the factory, such number of female supervisors, as may be prescribed. vide karnataka act 1 of , s. 3.

section 44. of the factories act : 1 in every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. 2 if, in the opinion of the chief inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. 3 the state government may, by notification in the official gazette, declare that the provisions of subsection 1 shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.

section 50. of the factories act : the state government may make rules a exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this chapter b requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.

section 45. of the factories act : 1 there shall in every factory be provided and maintained so as to be readily accessible during all working hours firstaid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed 1at any one time in the factory. 22 nothing except the prescribed contents shall be kept in a firstaid box or cupboard. 3 each firstaid box or cupboard shall be kept in the charge of a separate responsible person 3who holds a certificate in firstaid treatment recognised by the state government and who shall always be readily available during the working hours of the factory. 44 in every factory wherein more than five hundred workers are5ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed 6and those facilities shall always be made readily available during the working hours of the factory. state amendment karnataka amendment of section 45.in section 45 of the factories act, central act lxiii of hereinafter referred to as the principal act, in subsection 4, for the words five hundred the words two hundred shall be substituted. vide karnataka act 1 of , s. 2. 1. ins. by act 25 of , s. 9 w.e.f. . 2. subs. by s. 9, ibid., for subsection 2 w.e.f. . 3. subs. by act 94 of , s. 21, for who is trained in firstaid treatment w.e.f. . 4. subsection 3 renumbered as subsection 4 by act 25 of , s. 9 w.e.f. . 5. subs. by act 94 of , s. 21, for employed w.e.f. . 6. ins. by s. 21, ibid. w.e.f. .

section 46. of the factories act : 1 the state government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. 2 without prejudice to the generality of the foregoing power, such rules may provide for a the date by which such canteen shall be provided b the standards in respect of construction, accommodation, furniture and other equipment of the canteen c the foodstuffs to be served therein and the charges which may be made therefor d the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen 1dd the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer e the delegation to the chief inspector, subject to such conditions as may be prescribed, of the power to make rules under clause c. 1. ins. by act 94 of , s. 22 w.e.f. .

section 48. of the factories act : 1 in every factory wherein more than 1thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. 2 such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. 3 the state government may make rules a prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section b requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing c requiring the provision in any factory of free milk or refreshment or both for such children d requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals. 1. subs. by s. 23, ibid., for fifty women workers w.e.f. .

section 47. of the factories act : 1 in every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this subsection: provided further that where a lunch room exists no worker shall eat any food in the work room. 2 the shelters or rest rooms or lunch rooms to be provided under subsection 1 shall be sufficiently lighted aid ventilated and shall be maintained in a cool and clean condition. 3 the state government may a prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section b by notification in the official gazette, exempt any factory or class or description of factories from the requirements of this section.

section 52. of the factories act : 1 no adult worker shall be required or allowed to work in a factory on the first day of the week hereinafter referred to as the said day, unless a he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and b the manager of the factory has, before the said day or the substituted day under clause a, whichever is earlier, i delivered a notice at the office of the inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and ii displayed a notice to that effect in the factory: provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. 2 notices given under subsection 1 may be cancelled by a notice delivered at the office of the inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier. 3 where, in accordance with the provisions of subsection 1, any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

section 51. of the factories act : no adult worker shall be required or allowed to work in a factory for more than fortyeight hours in any week.

section 54. of the factories act : subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 1provided that, subject to the previous approval of the chief inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts. 1. added by act 25 of , s. 10 w.e.f. .

section 59. of the factories act : 1 where a worker works in a factory for more than nine hours in any day or for more than fortyeight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. 12 for the purposes of subsection 1, ordinary rate of wages means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. 3 where any workers in a factory are paid on a piece rate basis, the time rate shall be deemed to be equivalent to the daily average of their fulltime earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be ordinary rates of wages of those workers: provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earning of the worker for the days on which he actually worked in the week in which the overtime work was done. explanation.for the purposes of this subsection in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded. 24 the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. explanation 1standard family means a family consisting of the worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units. explanation 2.adult consumption unit means the consumption unit of a male above the age of fourteen years and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. 5 the state government may make rules prescribing a the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed and b the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. 1. subs. by act 94 of , s. 25, for subsections 2 and 3 w.e.f. . 2. subs. by act 25 of , s. 13, for subsection 4 w.e.f. .

section 55. of the factories act : 11 2the periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. 32 the state government or, subject to the control of the state government, the chief inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of subsection 1 so, however, that the total number of hours worked by a worker without an interval does not exceed six. 1. section 55 renumbered as subsection 1 of that section by s. 11, ibid. w.e.f. . 2. subs. by act 40 of , s. 3 and the second schedule, for the period w.e.f. . 3. added by act 25 of , s. 11 w.e.f. .

section 53. of the factories act : 1 where, as a result of the passing of an order or the making of a rule under the provisions of this act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in subsection 1 of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. 2 the state government may prescribe the manner in which the holidays for which provision is made in subsection 1 shall be allowed.

section 56. of the factories act : the periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: provided that the chief inspector may, for reasons to be specified in writing increase the 1spread over up to twelve hours. 1. subs. by act 94 of , s. 24, for spread over to twelve hours w.e.f. .

section 58. of the factories act : 1 work shall not be carried on in any factory by means of system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 12 the state government or subject to the control of the state government, the chief inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of subsection 1. 1. subs. by act 25 of , s. 12, for subsection 2 w.e.f. .

section 57. of the factories act : where a worker in a factory works on a shift which extends beyond midnight, a for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twentyfour consecutive hours beginning when his shift ends b the following day for him shall be deemed to be the period of twentyfour hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

section 63. of the factories act : no adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory.

section 60. of the factories act : no adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.

section 61. of the factories act : 1 there shall be displayed and correctly maintained in every factory in accordance with the provisions of subsection 2 of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work. 2 the periods shown in the notice required by subsection 1 shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54, 1 55, 56 and 58. 3 where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally. 4 where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group. 5 for each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work. 6 where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work. 7 where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day. 8 the state government may prescribe forms of the notice required by subsection 1 and the manner in which it shall be maintained. 9 in the case of a factory beginning work after the commencement of this act, a copy of the notice referred to in subsection 1 shall be sent in duplicate to the inspector before the day on which work is begun in the factory. 10 any proposed change in the system of work in any factory which will necessitate a change in the notice referred to in subsection 1 shall be notified to the inspector in duplicate before the change is made, and except with the previous sanction of the inspector, no such change shall be made until one week has elapsed since the last change. 1. subs. by s. 14, ibid., for 55 and 56 w.e.f. .

section 62. of the factories act : 1 the manager of every factory shall maintain a register of adult workers, to be available to the inspector at all times during working hours, or when any work is being carried on in the factory, showing a the name of each adult worker in the factory b the nature of his work c the group, if any, in which he is included d where his group works on shifts, the relay to which he is allotted e such other particulars as may be prescribed: provided that, if the inspector is of opinion that any muster roll or register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the corresponding extent be maintained in place of, and be treated as the register of adult workers in that factory. 11a no adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers. 2 the state government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved. 1. ins. by act 94 of , s. 26 w.e.f. .

section 65. of the factories act : 1 where the state government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work. 2 the state government or, subject to the control of the stale government, the chief inspector may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. 13 any exemption granted under subsection 2 shall be subject to the following conditions, namely: i the total number of hours of work in any day shall not exceed twelve ii the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day iii the total number of hours of work in any week, including overtime, shall not exceed sixty iv no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventyfive. explanation.in this subsection quarter has the same meaning as in subsection 4 of section 64. 2 state amendment maharashtra amendment of section 65 of 63 of .in section 65 of the principal act, a for subsection 2, the following subsection shall be substituted, namely: 2 on such terms and conditions as may be prescribed, any or all of the adult male workers in any factory or group or class or description of factories may be exempted from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. b in subsection 3, in clause iv, for the words shall not exceed seventyfive the words shall not exceed one hundred and fifteen shall be substituted. vide maharashtra act 40 of , s. 3. uttar pradesh amendment of section 65.in section 65 of the principal act, in subsection 3, in clause iv for the words seventyfive the words one hundred fifteen shall be substituted. vide uttar pradesh act 13 of , s. 4 1. subs. by act 94 of , s. 28, for subsection 3 w.e.f. . 2. omitted by s. 28, ibid. w.e.f. .

section 64. of the factories act : 1 the state government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory 1or empowering the chief inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the chief inspector, such person holds such position or is so employed, and the provisions of this chapter, other than the provisions of clause b of subsection 1 of section 66 and of the proviso to that subsection, shall not apply to any person so defined 1or declared: 1provided that any person so defined or declared shall, where the ordinary rate of wages of such person 2does not exceed the wage limit specified in subsection 6 of section 1 of the payment of wages act, 4 of , as amended from time to time, be entitled to extra wages in respect of overtime work under section 59. 2 the state government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed a of workers engaged on urgent repairs, from the provisions of sections 51, 52, 54, 55 and 56 b of workers engaged in work in the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56 c of workers engaged in work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 56 d of workers engaged in any work which for technical reasons must be carried on continuously 4 from the provisions of sections 51, 52, 54, 55 and 56 e of workers engaged in making or supplying articles of prime necessity which must be made or supplied every day, from the provisions of 5section 51 and section 52 f of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons, from the provisions of 5section 51, section 52 and section 54 g of workers engaged in a manufacturing process which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55 h of workers engaged in enginerooms or boilerhouses or in attending to powerplant or transmission machinery, from the provisions of 5section 51 and section 52 6i of workers engaged in the printing of newspapers, who are held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56. explanation.in this clause the expression newspapers has the meaning assigned to it in the press and registration of books act, 25 of j of workers engaged in the loading or unloading of railway wagons, 7or lorries or truck from the provisions of sections 51, 52, 54, 55 and 56 7k of workers engaged in any work, which is notified by the state government in the official gazette as a work of national importance, from the provisions of section 51, section 52, section 54, section 55 and section 56. 3 rules made under subsection 2 providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the state government may deem to be expedient, subject to such conditions as it may prescribe. 84 in making rules under this section, the state government shall not exceed, except in respect of exemption under clause a of subsection 2, the following limits of work inclusive of overtime: i the total number of hours of work in any day shall not exceed ten ii the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: provided that the state government may, in respect of any or all of the categories of workers referred to in clause d of subsection 2, make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause i and clause ii shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty 7iii the total number of hours of work in a week, including overtime, shall not exceed sixty 9iv the total number of hours of overtime shall not exceed fifty for any one quarter. explanation.quarter means a period of three consecutive months beginning on the 1st of january, the 1st of april, the 1st of july or the 1st of october. 5 rules made under this section shall remain in force for not more than 10five years. state amendment uttar pradesh amendment of section 64.in section 64 of the principal act, in subsection 4, in clause iv for the word fifty, the words one hundred shall be substituted. vide uttar pradesh act 13 of , s. 3 1. ins. by act 94 of , s. 26 w.e.f. . 2. ins. by s. 27, ibid. w.e.f. . 3 subs. by act 20 of , s. 21, for does not exceed rupees seven hundred and fifty per month w.e.f. . 4. the words throughout the day omitted by act 25 of , s. 15 w.e.f. . 5. subs. by act 94 of , s. 27, for section 52 w.e.f. . 6. added by act 25 of , s. 15 w.e.f. . 7. ins. by act 94 of , s. 27 w.e.f. . 8. subs. by act 25 of , s. 15, for subsection 4 w.e.f. . 9. clause iii renumbered as clause iv by act 94 of , s. 27 w.e.f. . 10. subs. by s. 27, ibid., for three years w.e.f. .

section 66. of the factories act : 1 the provisions of this chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely: a no exemption from the provisions of section 54 may be granted in respect of any woman b no woman shall be 1required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.: provided that the state government may, by notification in the official gazette, in respect of 2any factory or group or class or description of factories, very the limits laid down in clause b, but so that no such variation shall authorise the employment of any woman between the hours of 10 p.m. and 5 a.m.: 3c there shall be no change of shifts except after a weekly holiday or any other holiday. 2 the state government may make rules providing for the exemption from the restrictions set out in subsection 1, to such extent and subject to such conditions as it may prescribe, of women working in fishcuring or fishcanning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. 3 the rules made under subsection 2 shall remain in force for not more than three years at a time. state amendment maharashtra amendment of section 66 of 63 of .in section 66 of the principal act, in subsection 1, in clause b, for the existing proviso, the following proviso shall be substituted, namely: provided that, the women workers may be required or allowed to work even between the hours of 7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and security measures or safeguards as may be prescribed are provided. vide maharashtra act 40 of , s. 4. jammu and kashmir and ladakh uts section 66. in subsection 1, for clause b, the following clause shall be substituted b women shall be entitled to be employed in all establishments for all types of work and they may also be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such conditions relating to safety, holidays and working hours or any other condition, to be observed by the employer, as may be prescribed. vide union territory of ladakh reorganisation adaptation of central laws order, , notification no. s.o. e, dated and vide union territory of jammu and kashmir reorganisation adaptation of central laws order, , notification no. s.o. e, dated . uttar pradesh amendment of section 66.in section 66 of the principal act, in subsection 1, in clause b for the existing proviso, the following proviso shall be substituted, namely: provided that the state government may, by notification in the official gazette, in respect of any factory or group or class or description of factories vary the limits laid down in this clause and such variation may authorise the employment of any woman between the hours of 7 p.m. and 6 a.m. mentioning therein the provisions for the safety and facilities of the woman to be given to her. vide uttar pradesh act 13 of , s. 5 1. subs. by s. 29, ibid., for employed in any factory w.e.f. . 2. subs. by s. 29, ibid., for any class or description of factories w.e.f. . 3. ins. by act 25 of , s. 17 w.e.f. .

section 72. of the factories act : 1 there shall be displayed and correctly maintained in every factory in which children are employed, in accordance with the provisions of subsection 2 of section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work. 2 the periods shown in the notice required by subsection 1 shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71. 3 the provisions of subsections 8, 9 and 10 of section 61 shall apply also to the notice required by subsection 1 of this section.

section 67. of the factories act : no child who has not completed his fourteenth year shall be required or allowed to work in any factory.

section 73. of the factories act : 1 the manager of every factory in which children are employed shall maintain a register of child workers, to be available to the inspector at all times during working hours or when any work is being carried on in a factory, showing a the name of each child worker in the factory, b the nature of his work, c the group, if any, in which he is included, d where his group works on shifts, the relay to which he is allotted, and e the number of his certificate of fitness granted under section 69. 11a no child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers. 2 the state government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved. 1. ins. by act 94 of , s. 30 w.e.f. .

section 69. of the factories act : 1 a certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory. 2 the certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew a a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work b a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for a full days work in a factory: provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this subsection until he has examined such place. 3 a certificate of fitness granted or renewed under subsection 2 a shall be valid only for a period of twelve months from the date thereof: b may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring reexamination of the young person before the expiry of the period of twelve months. 4 a certifying surgeon shall revoke any certificate granted or renewed under subsection 2 if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. 5 where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the renewal thereof, state his reasons in writing for so doing. 6 where a certificate under this section with reference to any young person is granted or renewed subject to such conditions as are referred to in clause b of subsection 3, the young person shall not be required or allowed to work in any factory except in accordance with those conditions. 7 any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian.

section 70. of the factories act : 1 an adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause b of subsection 2 of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of chapter vi and viii. 1 21a no female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 a.m. and 7 p.m.: provided that the state government may, by notification in the official gazelle, in respect of any factory or group or class or description of factories, i vary the limits laid down in this subsection so, however, that no such section shall authorise the employment of any female adolescent between 10 p.m. and 5 a.m. ii grant exemption from the provisions of this subsection in case of serious emergency where national interest is involved. 2 an adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause b shall, notwithstanding his age, be deemed to be a child for all the purposes of this act. 1. the proviso and the explanation omitted by act 20 of , s. 22 w.e.f. . 2. ins. by s. 22, ibid. w.e.f. .

section 71. of the factories act : 1 no child shall be employed or permitted to work, in any factory a for more than four and a half hours in any day 1b during the night. explanation.for the purpose of this subsection night shall mean a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m. 2 the period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the chief inspector, be changed more frequently than once in a period of thirty days. 3 the provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child. 4 no child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. 25 no female child shall be required or allowed to work in any factory except between 8 a.m. and 7 p.m. 1. subs. by act 25 of , s. 19, for clause b w.e.f. . 2. ins. by act 20 of , s. 23 w.e.f. .

section 68. of the factories act : a child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless a a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and b such child or adolescent carries while he is at work a token giving a reference to such certificate.

section 74. of the factories act : no child worker shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory.

section 81. of the factories act : 181. payment in advance in certain cases.a worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins be paid the wages due for the period of the leave allowed. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. .

section 75. of the factories act : where an inspector is of opinion a that any person working in a factory without a certificate of fitness is a young person, or b that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.

section 76. of the factories act : the state government may make rules a prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates b prescribing the physical standards to be attained by children and adolescents working in factories c regulating the procedure of certifying surgeons under this chapter d specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.

section 77. of the factories act : the provisions of this chapter shall be in addition to, and not in derogation of, the provisions of the employment of children act, 26 of .

section 82. of the factories act : 182. mode of recovery of unpaid wages.any sum required to be paid by an employer, under his chapter but not paid by him shall be recoverable as delayed wages under the provisions of the payment of wages act, 4 of . 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. .

section 78. of the factories act : 178. application of chapter.1 the provisions of this chapter shall not operate to the prejudice of any right to which a worker may be entitled under any other law or under the terms of any award, 2agreement including settlement or contract of service: 3provided that if such award, agreement including settlement or contract of service provides for a longer annual leave with wages than provided in this chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply. 2 the provisions of this chapter shall not apply to workers 4in any factory of any railway administered by the government, who are governed by leave rules approved by the central government. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. . 2. subs. by act 94 of , s. 31, for agreement w.e.f. . 3. subs. by s. 31, ibid., for the proviso w.e.f. . 4. subs. by s. 31, ibid., for in any workshop w.e.f. .

section 87. of the factories act : where the state government is of opinion that any 1manufacturing process or operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the 1manufacturing process or operation is carried on a specifying the 1manufacturing process or operation and declaring it to be dangerous b prohibiting or restricting the employment of women, adolescents or children in the 1manufacturing process or operation c providing for the periodical medical examination of persons employed, or seeking to be employed, in the 1manufacturing process or operation, and prohibiting the employment or persons not certified as fit for such employment 2and requiring the payment by the occupier of the factory of fees for such medical examination d providing for the protection of all persons employed in the 1manufacturing process or operation or in the vicinity of the places where it is carried on e prohibiting, restricting or controlling the use of any specified materials or processes in connection with the 1manufacturing process or operation 2f requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation. 3 1. subs. by act 94 of , s. 36, for operation w.e.f. . 2. ins. by s. 36, ibid. w.e.f. . 3. omitted by act 20 of , s. 25 w.e.f. .

section 85. of the factories act : 1 the state government may, by notification in the official gazette, declare that all or any of the provisions of this act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that i the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or ii the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: provided that the manufacturing process is not being carried on by the owner only with the aid of his family. 2 after a place is so declared, it shall be deemed to be a factory for the purposes of this act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. explanation.for the purposes of this section, owner shall include a lessee or mortgage with possession of the premises. state amendment maharashtra amendment of section 85 of 63 of .in section 85 of the principal act, in subsection 1, in clause i, a after the words less than ten the words or such number of workers as may be specified by the state government under subclause i of clause m of section 2 shall be inserted b after the words less than twenty the words or such number of workers as may be specified by the state government under subclause ii of clause m of section 2, shall be inserted. vide maharashtra act 40 of , s. 6. arunachal pradesh amendment of section 85.in section 85 of the principal act, in subsection 1, in clause i, for the words ten and twenty, the words twenty and forty shall be respectively substituted. vide arunachal pradesh act 6 of , s. 4 rajasthan amendment of section 85, central act no. 63 of . in clause i of subsection 1 of section 85 of the principal act, for the existing words ten and twenty, the words twenty and forty shall be substituted respectively. vide rajasthan act 20 of , s. 3

section 84. of the factories act : 184. power to exempt factories.where the state government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this chapter makes provision it may, by written order exempt the factory from all or any of the provisions of this chapter subject to such conditions as may be specified in the order. 2explanation.for the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this chapter makes provision, or not, the totality of the benefits shall be taken into account. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. . 2. ins. by act 94 of , s. 34 w.e.f. .

section 79. of the factories act : 179. annual leave with wages.1 every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of i if an adult, one day for every twenty days of work performed by him during the previous calendar year ii if a child, one day for every fifteen days of work performed by him during the previous calendar year. explanation 1.for the purpose of this subsection a any days of lay off, by agreement or contract or as permissible under the standing orders b in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks and c the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. explanation 2.the leave admissible under this subsection shall be exclusive of all holidays whether occurring during or at either end of the period of leave. 2 a worker whose service commences otherwise than on the first day of january shall be entitled to leave with wages at the rate laid down in clause i or, as the case may be, clause ii of subsection 1 if he has worked for twothirds of the total number of days in the remainder of the calendar year. 23 if a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in subsection 1, even if he had not worked for the entire period specified in subsection 1 or subsection 2 making him eligible to avail of such leave, and such payment shall be made i where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting and ii where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death. 4 in calculating leave under this section, fraction of leave of half a day or more shall be treated as one full days leave, and fraction of less than half a day shall be omitted. 5 if a worker does not in any one calendar year take the whole of the leave allowed to him under subsection 1 or subsection 2, as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in subsections 8 and 9 3or in contravention of subsection 10 shall be entitled to carry forward the 4leave refused without any limit. 6 a worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause ii of section 2 of the industrial disputes act. 14 of : provided further that the number of times in which leave may be taken during any year shall not exceed three. 7 if a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in subsection 6 and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. 8 for the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the works committee of the factory constituted under section 3 of the industrial disputes act, 14 of , or a similar committee constituted under any other act or if there is no such works committee or a similar committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the chief inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. 9 a scheme lodged under subsection 8 shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the works committee or a similar committee, or as the case may be, in agreement with the representatives of the workers as specified in subsection 8, and a notice of renewal shall be sent to the chief inspector before it is renewed. 10 an application for leave which does not contravene the provisions of subsection 6 shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under subsections 8 and 9. 11 if the employment of a worker who is entitled to leave under subsection 1 or subsection 2, as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment, before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. 12 the unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. state amendment maharashtra amendment of section 79 of 63 of .in section 79 of the principal act, in subsection 1, a for the figures and word 240 days the figures and word 90 days shall be substituted b in explanation 1, for the figures and word 240 days the figures and word 90 days shall be substituted. vide maharashtra act 40 of , s. 5. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. . 2. subs. by act 94 of , s. 32, for subsection 3 w.e.f. . 3. ins. by s. 32, ibid. w.e.f. . 4. subs. by s. 32, ibid., for unavailed leave w.e.f. .

section 83. of the factories act : 183. power to make rules.the state government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by inspectors. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. .

section 80. of the factories act : 180. wages during leave period.1 for the leave allowed to him under 2section 78 or section 79, as the case may be, a worker 3shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which 4he actually worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles: 5provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles. 2 the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of food grains and other articles admissible to a standard family. explanation 1.standard family means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units. explanation 2.adult consumption unit means the consumption unit of a male above the age of fourteen years and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit. 3 the state government may make rules prescribing a the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed and b the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. 1. subs. by act 25 of , s. 20 for chapter viii w.e.f. . 2. subs. by act 94 of , s. 33, for section 79 w.e.f. . 3. subs. by act 20 of , s. 24, for shall be paid w.e.f. . 4. subs. by act 94 of , s. 33, for he worked w.e.f. . 5. ins. by act 20 of , s. 24 w.e.f. .

section 86. of the factories act : the state government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 1training, research or reformation, from all or any of the provisions of this act: provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the state government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the state government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this act. 1. subs. by s. 35, ibid., for training w.e.f. .

section 92. of the factories act : save as is otherwise expressly provided in this act and subject to the provisions of section 93 , if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 1two years or with fine which may extend to 2one lakh rupees or with both, and if the contravention is continued after conviction, with a further fine which may extend to 3one thousand rupees for each day on which the contravention is so continued: 4provided that where contravention of any of the provisions of chapter iv or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 5twentyfive thousand rupees in the case of an accident causing death, and 6five thousand rupees in the case of an accident causing serious bodily injury. explanation.in this section and in section 94 serious bodily injury means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint not being fracture of more than one bone or joint of any phalanges of the hand or foot. state amendment maharashtra insertion of section 92a in 63 of .after section 92 of the principal act, the following section shall be inserted, namely: 92a. compounding of certain offences.1 the state government may, by notification in the official gazette, prescribe in respect of the offences specified in the fourth schedule, which may before the institution of the prosecution, be compounded by such officer not below the rank of deputy chief inspector of factories and for such amount as may be prescribed but the amount of fine shall not be more than the fine prescribed under section 92: provided that, the state government may, by notification in the official gazette, amend the fourth schedule by way of addition, omission or variation of any offence specified in the said schedule. 2 where an offence has been compounded under subsection 1, no further proceedings shall be taken against the offender in respect of such offence.. vide maharashtra act 40 of , s. 7. 1. subs. by s. 30, ibid., for three months w.e.f. . 2. subs. by s. 30, ibid., for two thousand rupees w.e.f. . 3. subs. by s. 30, ibid., for seventyfive rupees w.e.f. . 4. ins. by act 94 of , s. 40 w.e.f. . 5. subs. by act 20 of , s. 30, for one thousand rupees w.e.f. . 6. subs. by s. 30, ibid., for five hundred rupees w.e.f. .

section 87a. of the factories act : 187a. power to prohibit employment on account of serious hazard.1 where it appears to the inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. 2 any order issued by the inspector under subsection 1 shall have effect for a period of three days until extended by the chief inspector by a subsequent order. 3 any person aggrieved by an order of the inspector under subsection 1, and the chief inspector under subsection 2, shall have the right to appeal to the high court. 4 any person whose employment has been affected by an order issued under subsection 1, shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed. 5 the provisions of subsection 4 shall be without prejudice to the rights of the parties under the industrial disputes act, 14 of . 1. ins. by s. 26, ibid. w.e.f. .

section 88. of the factories act : 11 where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from working for a period of fortyeight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 22 where a notice given under subsection 1 relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the inspector, cause the inspector to make an inquiry within the said period. 3 the state government may make rules for regulating the procedure at inquiries under this section. 1. section 88 renumbered as subsection 1 thereof by act 94 of , s. 37 w.e.f. . 2. ins. by s. 37, ibid. w.e.f. .

section 93. of the factories act : 193. liability of owner of premises in certain circumstances.1 where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. 2 the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of subsection 1. 3 where is any premises, independent or selfcontainted, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this act in respect of i latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned ii fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier iii safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages iv precautions in case of fire v maintenance of hoists and lifts and vi maintenance of any other common facilities provided in the premises. 4 the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of subsection 3. 5 the provisions of subsection 3 relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories: provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities. 6 the chief inspector shall have, subject to the control of the state government, the power to issue orders to the owner of the premises referred to in subsection 5 in respect of the carrying out of the provisions of section 46 or section 48. 7 where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of i chapter iii, except sections 14 and 15 ii chapter iv, except sections 22, 23, 27, 34, 35 and 36: provided that in respect of the provisions of sections 21, 24 and 32 the owners liability shall be only in so far as such provisions relate to things under his control: provided further that the occupier shall be responsible for complying with the provisions of chapter iv in respect of plant and machinery belonging to or supplied by him iii section 42. 8 the chief inspector shall have, subject to the control of the state government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of subsection 7. 9 in respect of subsections 5 and 7, while computing for the purposes of any of the provisions of this act the total number of workers employed, the whole of the premises shall be deemed to be a single factory. 1. subs. by act 25 of , s. 21, for section 93 w.e.f. .

section 91a. of the factories act : 191a. safety and occupational health surveys.1 the chief inspector, or the director general of factory advice service and labour institutes, or the director general of health services, to the government of india, or such other officer as may be authorised in this behalf by the state government or the chief inspector or the director general of factory advice service and labour institutes or the director general of health services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys, and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. 2 for the purpose of facilitating surveys under subsection 1 every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey. 3 any time spent by a worker for undergoing medical examination or furnishing information under subsection 2 shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory. 2explanation.for the purposes of this section, the report, if any, submitted to the state government by the person conducting the survey under subsection 1 shall be deemed to be a report submitted by an inspector under this act. 1. ins. by act 94 of , s. 39 w.e.f. . 2. ins. by act 20 of , s. 29 w.e.f. ,

section 88a. of the factories act : 188a. notice of certain dangerous occurrences.where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 1. ins. by s. 38, ibid. w.e.f. .

section 89. of the factories act : 1 where any worker in a factory contracts any disease specified in 1the third schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 2 if any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease specified in 1the third schedule, the medical practitioner shall without delay send a report in writing to the office of the chief inspector stating a the name and full postal address of the patient, b the disease from which he believes the patient to be suffering, and c the name and address of the factory in which the patient is, or was last, employed. 3 where the report under subsection 2 is confirmed to the satisfaction of the chief inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 1the third schedule, he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of landrevenue from the occupier of the factory in which the person contracted the disease. 4 if any medical practitioner fails to comply with the provisions of subsection 2, he shall be punishable with fine which may extend to 2one thousand rupees. 35 the central government may, by notification in the official gazette, add to or alter the third schedule and any such addition or alteration shall have effect as if it had been made by this act. 1. subs. by act 20 of , s. 27, for the schedule w.e.f. . 2. subs. by s. 27, ibid., for fifty rupees w.e.f. . 3. added by s. 27, ibid. w.e.f. .

section 94. of the factories act : 11 if any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 2three years or with fine 3which shall not be less than 4ten thousand rupees but which may extend to 5two lakh rupees or with both: 6provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 4ten thousand rupees: provided further that where contravention of any of the provisions of chapter iv or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 7thirtyfive thousand rupees in the case of an accident causing death and 8ten thousand rupees in the case of an accident causing serious bodily injury. 92 for the purposes of subsection 1, no cognizance shall be taken of any conviction made more than two years before the commission or the offence for which the person is subsequently being convicted. 1. section 94 renumbered as subsection 1 thereof by act 94 of , s. 41 w.e.f. . 2. subs. by act 20 of , s. 31, for six months w.e.f. . 3. subs. by act 94 of , s. 41, for which may extend to one thousand rupees w.e.f. . 4. subs. by act 20 of , s. 31, for two hundred rupees w.e.f. . 5. subs. by s. 31, ibid., for five thousand rupees w.e.f. . 6. subs. by act 94 of , s. 41, for the proviso w.e.f. . 7. subs. by act 20 of , s. 31, for two thousand rupess w.e.f. . 8. subs. by s. 31, ibid., for one thousand rupees w.e.f. . 9. ins. by act 94 of , s. 41 w.e.f. .

section 90. of the factories act : 1 the state government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in 1the third schedule has been, or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. 2 the person appointed to hold an inquiry under this section shall have all the powers of a civil court under the code of civil procedure, 5 of , for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an inspector under this act and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the indian penal code 45 of . 3 the person holding an inquiry under this section shall make a report to the state government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and addition any observations which he or any of the assessors may think fit to make. 4 the state government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. 5 the state government may make rules for regulating the procedure at inquiries under this section. 1. subs. by s. 28, ibid., for the schedule w.e.f. .

section 91. of the factories act : 1 an inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being a in the belief of the inspector in contravention of any of the provisions of this act or the rules made thereunder, or b in the opinion of the inspector likely to cause bodily injury to, or injury to the health of, workers in the factory. 2 where the inspector takes a sample under subsection 1, he shall, in the presence of the person informed under that subsection unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. 3 the person informed as aforesaid shall, if the inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. 4 the inspector shall a forthwith give one portion of the sample to the person informed under subsection 1 b forthwith send the second portion to a government analyst for analysis and report thereon c retain the third portion for production to the court before which proceedings, if any, are instituted in respect of the substance. 5 any document purporting to be a report under the hand of any government analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance.

section 95. of the factories act : whoever wilfully obstructs an inspector in the exercise of any power conferred on him by or under this act, or fails to produce on demand by an inspector any registers or other documents in his custody kept in pursuance of this act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to 1six months or with fine which may extend to 2ten thousand rupees or with both. 1. subs. by act 20 of , s. 32, for three months w.e.f. . 2. subs. by s. 32, ibid., for five hundred rupees w.e.f. .

section 101. of the factories act : where the occupier or manager of a factory is charged with an offence punishable under this act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the court at time appointed for hearing the charge and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the court a that he has used due diligence to enforce the execution of this act, and b that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this act in respect of such offence: provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support shall be subject to crossexamination on behalf of the person he charges as the actual offender and by the prosecutor: provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offenders cannot still be brought before the court, the court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.

section 96. of the factories act : whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to 1six months or with fine which may extend to 2ten thousand rupees or with both. 1. subs. by s. 33, ibid., for three months w.e.f. . 2. subs. by s. 33, ibid., for five hundred rupees w.e.f. .

section 96a. of the factories act : 196a. penalty for contravention of the provisions of sections 41b, 41 c and 41 h.1 whoever whoever fails to comply with or contravenes any of the provisions of section 41b , 41 c or 41 h or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. 2 if the failure or contravention referred to in subsection 1 continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years. 1. ins. by s. 34, ibid. w.e.f.

section 97. of the factories act : 1 subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to 1five hundred rupees. 2 where a worker is convicted of an offence punishable under subsection 1 the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention. 1. subs. by s. 35, ibid., for twenty rupees w.e.f. .

section 104. of the factories act : 1 when any act or omission would, if a person were under a certain age, be an offence punishable under this act, and such person is in the opinion of the court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age. 2 a declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this act and the rules made thereunder, be admissible as evidence of the age of that worker.

section 98. of the factories act : whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70 , a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to 1two months or with fine which may extend to 2one thousand rupees or with both. 1. subs. by s. 36, ibid., for one month w.e.f. . 2. subs. by s. 36, ibid., for fifty rupees w.e.f. .

section 99. of the factories act : if a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to 1one thousand rupees, unless it appears to the court that the child so worked without the consent or connivance of such parent, guardian or person. 1. subs. by act 20 of , s. 37, for fifty rupees w.e.f. .

section 104a. of the factories act : 1104a. onus of proving limits of what is practicable, etc.in any proceeding for an offence for the contravention of any provision of this act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement. 1. ins. by act 20 of , s. 39 w.e.f. .

section 100. of the factories act : determination of occupier in certain cases. rep. by the factories amendment act, 20 of , s. 38 w.e.f. .

section 102. of the factories act : 1 where the occupier or manager of a factory is convicted of an offence punishable under this act the court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order which the court may, if it thinks fit and on application in such behalf, from time to time extend to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. 2 where an order is made under subsection 1 the occupier or manager of the factory, as the case may be, shall not be liable under this act in respect of the continuation of the offence during the period, or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order or the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefore by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid.

section 106a., for offence. of the factories act : 1106a. jurisdiction of a court for entertaining proceedings, etc., for offence.for the purposes of conferring jurisdiction on any court in relation to an offence under this act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed. state amendments uttar pradesh insertion of new section 106a in act no. 63 of .in chapter x of the factories act, , after section 106, the following section shall be inserted, namely: 106a.compounding of offences. the inspector may, subject to any general or special order of the state government in this behalf compound any offence punishable under this act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii before the institution of the prosecution, the composition shall amount to acquittal of the offender. vide uttar pradesh act 35 of , s. 4. rajasthan insertion of new section 106b, central act no. 63 of . after the existing section 106a and before the existing section 107 of the principal act, the following shall be inserted, namely: 106b. compounding of offences. the inspector may, subject to any general or special order of the state government in this behalf, compound any offence punishable under this act with fine only, and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded, i before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty ii after the institution of the prosecution the composition shall amount to acquittal of the offender.. vide rajasthan act 20 of , s. 5 1. ins. by act 20 of , s. 40 w.e.f. .

section 103. of the factories act : if a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this act and the rules made thereunder to have been at that time employed in the factory.

section 106. of the factories act : no court shall take cognizance of any offence punishable under this act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an inspector: provided that where the offence consists of disobeying a written order made by an inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. 1explanation.for the purposes of this section, a in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues b where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired. state amendments uttar pradesh. insertion of new section 106a in act no. 63 of .in chapter x of the factories act, , after section 106, the following section shall be inserted, namely: 106a.compounding of offences. the inspector may, subject to any general or special order of the state government in this behalf compound any offence punishable under this act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence and where the offence is so compounded i before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty ii before the institution of the prosecution, the composition shall amount to acquittal of the offender. vide uttar pradesh act 35 of , s. 4. 1. ins. by act 94 of , s. 43 w.e.f. .

section 109.service of notices of the factories act : the state government may make rules prescribing the manner of the service of orders under this act on owners, occupiers or managers of factories.

section 105.cognizance of offences of the factories act : 1 no court shall take cognizance of any offence under this act except on complaint by, or with the previous sanction in writing of, an inspector. 2 no court below that of a presidency magistrate or of a magistrate of the first class shall try any offence punishable under this act. state amendment maharashtra amendment of section 105 of 63 of .in section 105 of the principal act, in subsection 1, for the words an inspector the words the chief inspector shall be substituted. vide maharashtra act 40 of , s. 8. rajasthan amendment of section 105, central act no. 63 of . for the existing subsection 1 of section 105 of the principal act, the following shall be substituted, namely: 1 no court shall take cognizance of any offence under this act except on complaint by an inspector with the previous sanction in writing by the state government.. vide rajasthan act 20 of , s. 4

section 111a. of the factories act : 1111a. right of workers, etc.every worker shall have the right to i obtain from the occupier, information relating to workers health and safety at work, ii get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training center or institute, duly approved by the chief inspector, where training is imparted for workers health and safety at work, iii represent to the inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory. 1. ins. by act 20 of , s. 41 w.e.f. .

section 107. of the factories act : 1 the manager of a factory on whom an order in writing by an inspector has been served under the provisions of this act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the state government, confirm, modify or reverse the order. 2 subject to rules made in this behalf by the state government which may prescribe classes of appeals which shall not be heard with the aid of assessors, the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor. 3 subject to such rules as the stale government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.

section 108. of the factories act : 1 in addition to the notices required to be displayed in any factory by or under this act, there shall be displayed in every factory a notice containing such abstracts of this act and of the rules made thereunder as may be prescribed and also the name and address of the inspector and the certifying surgeon. 2 all notices required by or under this act to be displayed in a factory shall be in english and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. 3 the chief inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

section 110. of the factories act : the state government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this act.

section 114. of the factories act : subject to the provisions of section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this act.

section 111. of the factories act : 1 no worker in a factory a shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein b shall wilfully and without reasonable cause do anything likely to endanger himself or others and c shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein. 2 if any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

section 112. of the factories act : the state government may make rules providing for any matter which, under any of the provisions of this act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this act.

section 113. of the factories act : the central government may give directions to a state government to the carrying into execution of the provisions of this act.

section 116.application of act to government factories of the factories act : unless otherwise provided this act shall apply to factories belonging to the central or any state government.

section 118. of the factories act : 1 no inspector shall, while in service or after leaving the service, disclose otherwise than in connection with the execution, or for the purposes, of this act any information relating to any manufacturing or commercial business or any working process which may come to his knowledge in the course of his official duties. 2 nothing in subsection 1 shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding including arbitration pursuant to this act or of any criminal proceeding which may be taken, whether pursuant to this act or otherwise, or for the purposes of any report of such proceedings as aforesaid. 3 if any inspector contravenes the provisions of subsection 1 he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

section 115. publication of rules of the factories act : 11 all rules made under this act shall be published in the official gazette, and shall be subject to the condition of previous publication and the date to be specified under clause 3 of section 23 of the general clauses act, 10 of , shall be not less than 2fortyfive days from the date on which the draft of the proposed rules was published. 32 every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature. 1. section 115 renumbered as subsection 1 thereof by act 20 of , s. 42 w.e.f. . 2. subs. by s. 42, ibid., for three months w.e.f. . 3. ins. by s. 42, ibid. w.e.f. .

section 117. of the factories act : no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act.

section 118a. of the factories act : 1118a. restriction on disclosure of information.1 every inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this act. 2 no inspector shall, while making an inspection under this act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint: provided that nothing in this subsection shall apply to any case in which the person who has made the complaint has consented to disclose his name. 1. ins. by s. 43, ibid. w.e.f. .

section 119. of the factories act : 1119. act to have effect notwithstanding anything contained in act 37 of .the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the contract labour regulation and abolition act, or any other law for the time being in force. 1. ins. by act 94 of , s. 44 w.e.f. . 2. ins. by act 20 of , s. 44 w.e.f. .

section 120. of the factories act : the enactments set out in the table appended to this section are hereby repealed: provided that anything done under the said enactments which could have been done under this act if it had then been in force shall be deemed to have been done under this act. table.enactments repealed. rep. by the repealing and amending act, 35 of , s. 2 and the first schedule w.e.f. .